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09-10-1984 Council Packet
MINUTES OF THE REGULAR COUNCIL MEETING HELD SEPTEMBER 10, 1984. PAGF. 2 #820 LONIE FISK Zoning Administrator Mabusth stated that this isa lot area and lot width variance. Mabusth stated that the lot contains 10,761.92 sf and applicant seeks a variance of 32,798 sf or a 75 percent variance. Robert. Hoffman, Fisk's attorney, reviewed with the Council the basis on which they have asked for the variance as follows: 1. The variance meets the standards of the ordinances. 2. The variance meets the application of the standards that tI.e City has established by granting other variances within the City. 3. The facts that have be -en presented so far do not indicate any adverse effects on the general health, safety, and welfare of the village. 4. Findings for approval made by staff and Planning Commission that mc-ets the ordinances, meets past standards set by the City, and no evidence of adverse effects on general health, safety, and welfare. 5. A denial would leave them with no reasonable use of the property at all and that there is some protection under the City's ordinances for the applicant. Hoffman reviewed wit', the Council the findings on which the above was based as fellows: 1. These are lots of record and have been since January 1, 1975, and therefore fit within a certain category of the City's ordinances as to how variances should be treated when applied for for that type of property. 2. The City's ordinance provides that the City can grant variances in particular situations where there are practical difficulties or particular halaships and where the variances do not affect the p,irj.)se and intent of the zoning nor ti.e general 1.ea'th, safety, and welfare. 3. Plannirg Co,_—ission has found that this particular application meets the City standards and hes found that approving this variance would not e! fect the general health, safety, and welfare or property value in the neighborhood. 4. It would place undue hardship on the owner if t.hf_ variance was not granted in that the owner would hive no reasonable use of the property thereafter. MINUTES CF THE REGULAR COUNCIL MEETING HELD SEPTEMBER 10, 1984. PAGE I #020 LONIE FISR 5. The requests that are being requested are consistent and within the ranges of variances that the City has approved or granted within the last. two years. 6. No adjacent property is available for this owner to acquire. There is a sewer stub available to the property and one half the property has been assessed for that sewer service. B. There are other patterns in the neighborhood of combining lots for development and those have been approved by the City. Lots in the general area do not meet the current zoning standards as far as meeting the 1 acre minimum requirement. 9. The proposed building envelope meets all standards of the City as far as setbacks, hardcover requirements, and use requirements. Hoffman stated that his attorney's office had reviewed the City records of similar variances in the last two years and that no variances that have been heard have been denied. Hoffman stated that every request for a variance for the last two years of properties similar to the Fisk application have been granted. Hoffman stated that the requests that they have are well within the ranges of those variances that have been granted. Hoffman stated that about three or four years ago, his attorney's off ice had a matter before the City at which time they researched the City's records and found that the City's actions were very consistent with the actions as the past two years. Hoffman stated that the courts do recognize past actions of a municipality and are of some sigi,ificance of whether a particular variance should or should not be granted. Hoffman stated should be looked at is whether or not the property is zoned for the intended use which is residential, whether the land is suitable for that use which is residential, whether or not there is evidence in the record that :t would be harmful to the general health, safety or welfare or morals in the particular area, or whether or not denial would leave the property owner with a situation where that owner may not have equal protection whereas you have allowed other property owners in the City. Hoffman noted that the appraisal that was submitted was done by Lawrence Emond. Hoffman stated that it is Emond'n opinion that the general value t:f residents .in the immediate neighborhood are in the area of $60- 85,000. Hoffman stated that Fisk's value would be around $90,000 upon completion. Hoffman stated that MINUTES OF THE REGULAR COUNCIL MEETING HELD SEPTEMBER 10, 1984. PAGE 4 1820 LONIE FISK the value of Fisk's development is c:on_.istent or in excess of the general value of the neighborhood. Hoffman stated that Emond has estimated the current value of the land as nominal. Hoffman stated that if the variance was granted, the property would have an undeveloped value of approximately $12.000. Hoffman :Mated if a house was constructed on the property, the value of the land would be $17,000. Hoffman stated that the land is currently taxed at $500 a year. Hoffman stated that other parcels that are taxed $500 a yearusually are valued at $76,000 after construction of a home. Lawrence Emond stated that he has taker. 10 sales in the Orono area. Emond stated that the sales ranged from $75-95,000. Emond stated that the real estate tax (homesteaded taxes on existing property] on $75,000 sale is $614. Emond stated that on other sales ranging from $85-88,500the average tax was $1,047.75. City Attorney Malkerson stated that the Supreme Court of Minnesota has ruler] Lhat the Council cannot vote for or against any variance application based upon what neighbors want or don't want. Malkerson stated that is not relevant. Malkerson stated what is relevant, however, are the concerns of the neighbors as they relate to the health, safety and welfare. Malkerson stated that the health, safety and welfare concerns are proveable concerns 4ithin the courts, not just mere statements that the neighbors think a variance will result in the dimunition of land value, or that a variance will result in over crowding of the neighborhood, or a variance may cause traffic problems. Malkerson stated that it is important to remember that the court has reviewed a lot of variance cases and have said, it is not whether people want the variance or not, it is, what is the basis for any testimony; is there any basis in fact, which facts support legal reasons for denial or approval. Don Meyer of 485 Park Avenue stated it is not a matter of what the neighbors want, but that the neighbors want the ordinances upheld. Meyer stated that he rnc.ved into the area assuming that this is a one acre zone. Meyer reminded the Council that this land was ta.c forfeit and that he didn't think that anyone would let a perfectly buildable lot go tax forfeit without selling it for a profit. Meyer stated that he would just like to keep his neighborhood the spacious way it was when he moved in there. Phil Bradley of 4075 Oak Street stated that at the beginning of this application, the applicant for the variance is not. the registered owner of the property. MINUTES OF THE REGULAR COUNCIL. MEETING HELD SEPTEMBER 10, 1984. PAGE 5 1820 L,ONIE FISK 'Lu,,ing Administrator Mabusth stated that the applicant can apply f )r the variance and that the owner must sign the application. Mabusth stated that the owner did sign the application. City Attorney Malkerson stated that as long as the applicant has some legal relationship with the owner, whether by purchase agreement or other agreement. Malkerson asked wh,-t the legal relationship was :)et.ween the applicar t and owner. Hoffmar, stated that it is father and son. Hoffman stated that there is an agreement between the applicant and owner. Phil Bradley of 4075 Oak Street stated that this applicant went before the Planning Commission, whi.:h made certain findings which he feels were perhaps in error. Bradley stated that the applicant is asking for two variances, lot size and lot width, and that he felt that a setback variance should be required. Zoning Iidministrator Mabusth explained how corner lots work with setbacks and noted that a setback variance is not needed. Phil Bradley of 4075 Oak Street stated that the owner of the property was aware of the risk when he purchased the tax forfeit lot down at the county. Bradley stated tt.at when Fisk bought the property he was aware that the lot was not guaranteed buildable and he undertoo.- that risk which was a self-induced hardship. Bradley stated that the attorneys have stated that Orono has granted variances in similar cases and Don Meyer has done a rebuttal to the findings of the Fisk's attorney!. Pon Meye: of 485 Park Avenue stated that in his rebuttal memo to the applicant ' s attorney review, that he went over the "similar" variance cases. Meyer stated that he went around to the individual properties that were noted and talked with the owners. Meyer st.3ted that some of those properties were lakeshore and are quite different and should not be compared .pith the Fisk lot. Meyer stated that one variance o�as for a septic tank. Meyer stated that if Fisk is allowed to build, that there are other lots in the neighborhood that can be built on. Meyer stated at least 3more properties will want variances. Meyer staged that he moved into Orono assuming that Orono would upheld the ordinances. Meyer stated that his home is bej ag threaten d and asked Council to enforce the ordi-ances. MINUTES OF THE REGULAR COUNCIL MEETING HELD SEPTEMBER 10, 1984. PAGE 6 #820 LONIE FISK Zoning Administrator Mabusth stated that one of the variances Meyer's referred to was a variance for a house on a substandard lot on East Lake Street. Mabusth stated that the structure had existed without inside plumbing and was served by an outside toilet. Mabusth stated to make it a year round liveable. structure, they were allowed to have a minimal amount of plumbing inside and to be serviced by a holding tank. Mabusth stated that it was loDke,i upon as a lot area and lot width variance. Counci Imember Grabek asked Fisk if he was aware of the zoning when he purchased the lot. Curtis Fisk stated that he never signed anything down at Hennepin County and that he called the City and the City said there would be no problem. Fisk stated that he doesn't remember who he talked to at City Hall. City Attorney Malkerson stated that the last time this was in front of the council and that question was asked and the answer was given, the City asked for Fisk's to search the record and submit an affidavit to the City. Malkerscn stated that the affidavit would state that before they bought the property they did call the City and that they don't remember who they talked to. Malkerson noted that not that. Firk's statement is not relevant, but it was just noted for the record. Malkerson stated that the ordinances do not requiie an affidavit. Councilmember Grabek asked Malkerson if the City was legally bound to grant variances to Fisk because the City granted other variances that were similar. City Attorney Malkerson stated if the City Council has granted one or more variances to properties that are similar to the Fisk property (and there has been no change in the ordinance or change in the comprehensive plan or policies of the City or other change in fact that would distinguish those actions from what the Council has in front of them today if none of those things are true) , then the precedent of having granted a variance on the same fact situation is very relevant to the courts in the review in the denial or approval of a variance at this point. Malkerson stated that in the constitution of both the state and federal government there is an equal protection clause which basically states all people shall be treated equally. Malkerson stated that if the facts are similar and one person applies for a variance and it is approved, a. I another person applies for a variance that is similar and it is denied, that the City would have denied equal protection of the law. MINUTES OF THE REGULAR COUNCIL MEETING HELD SEPTEMBER 10, 1984. PAGE 7 f820 LONIE FISK Councilmember Grabek asked Zoning Administrator Mabusth if she felt that the variances that were compared with the Fisk application were similar. Zoning Administrator Mabusth stated that the one that is quite similar is the Munsell variance application. Mabusth !;tated that because the Munsell lot was sewered, the variance was granted. Mabusth stated that the Burnevik application is similar too. Mabusth stated that the nine variances that were compared with the Fisk application all had similar findings in approving the lot area and lot width variances. David Ilse of 4105 Oak Street stated that if the Council grants the variance, that the City is opening themselves up to granting other variances for smaller lots. Don Meyer of 485 Park 7,venue stated that the houses that are there now were grandUthered in. City Attorney Malkerson state-] *,hat the fact that this individual bought this property through the county as tax forfeit land is not relevant to whether or not a variance should be granted. Malkerson stated that many times properties go tax forfeit because the sewer assessments were toe, great or *axes accumulated. Malkerson stated what is relevant, is that the City does have expert testimony in the record, unrebutted, that the property is almost worthless if the variances are not. granted. Malkerson stated, according to Appraiser Emond, that the property is worth $12,000 if the variances are granted. Malkerson stated that when the court analyzes a denial or approval of a variance, it looks to two tests. Malkerson stated that the courts ask what is the dimunition in value. Malkerson stated that in this case we have testimony that it is $12,000 if the variance is granted, and almost zero if the variance is not granted. Malkerson stated almost 90-100 percent dimunition in value if the City does not grant the variance. Malkerson stated that says to the courts that the variance probably shouid be Granted unless it can be shown that the granting of a vac iance is so adverse to the public health, safety, and welfare, or is so adverse to the promotion of the public good. Malkerson stated that the City f,as tr weigh dimunition in value against the adverse effect, if any, on the health, safety and welfare or adverse effect on the promotion of public good. Mall?rson stated that he has not seen any testimony in the record that would indicate that the building of a home and granting the variance, as requested, would result in dimunition of value to surrounding properties, or adverse effects on traffic, sewer or water. Malkerson stated that if there is such testimony, it should be brought forward. >�INUTES OF THE REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1984. PAGE 8 U LONIE FISK Malkerson noted that the statements made by the neighbors that they would like to have this lot kept as open space is certainly relevant to them and relevant in planning and relevant to the Council, but not necessarily relevant to the context to the granting or denial of a variance. Malkerson stated that here the City is dealing with the property rights of the p- rson owning the property. Malkerson stated that in this case the person bought the property, whether or not they talked to the City is questionable or looked at the ordinance is a questionable, but what is important is what is in that ordinance. Malkerson noted the ordinance states undue hardship tests must be met as follows: Was this a plight that the land owner created? Malkerson stated not really because the zoning code was changed on this property years ago taking it from being a standard lot to a substandard lot. 2. The variance, if granted, will not alter the essential character of the locality. Malkerson stated that i,s up to the Council based on the surrounding lots. Economic considerations alone shall not constitute a undue hardship if reasonable use of the property exists under the terms of this chapter. Malkerson stated that the City has heard testimony that if a variance is not granted, thf.- property is worthle�;s and is useless except tot the open space benefit of the neighbors. 4. Inadequate access to direct sunlight for solar energy. Malkerson stated that this test question does not apply to this application. 5. Property in question cannot be put to a reasonable use if used under conditions allowed by the otficial controls. Malkerson stated that Attorney Hoffman and Appraiser Emond have stated that there is no reasonable use for the property if this variance is not granted. City Attorney Malkerson stated that the City should be focusing on constitutional rights of the applicant. Malkerson stated that the courts will look to see how the Council has interpreted the same ordinances. Malkerson stated that the courts will look to the evidence in the record before the Planning Commission and Council as to what .s the value of the prcverty. Malkerson stated that the courts ::il weigh the dimunition in value and thr rieaIth, safety and welfare. MINUTES OF THE REGUJ�AR COUNCIL MEETING OF SEPTEMBER 10, 1984. PAGE 9 i820 LONIE FISK Mayor Butler noted that when someone buys tax forfeit property they are given a paper that includes a warning that the property may not be bui ldable. Butler stated that it is up to the owner to investigate into the matter to see whether the lot is buildable. Butler stated that he bought the lot with that risk that it. may not be buildable. Butler felt that the lot is too small. But l ,�r asked sta f f to (•-me back wi th a 1 i st of similar varia.-ices that have been denied. Phil Bradley of 405 Oak Street stated the Fisk bought the lot for $7,000. Bradley stated that the lot is 59 percent smaller than the average homesites in Summit Park. Bradley stated that if the Council grants a variance of 75 percent than the City will be bound to granting variances of a higher percentage than this. Bradley stated that he would 7 ike to see the ordinances upheld. David Ilse of 4105 Oak Street stated that if he would have known that an appraisal had been done he would have hired his own appraiser. Ilse stated that experts can tell a storf two different directions. Ilse stated that if the property were to be used some other way the neighs. ors property would increase. Ilse stated that by approving this variance would set a precedence for all the zoning districts in Orono. Councilmember Grabek asked if by approving this 75 percent variance, would the City be in a potential danger by setting a precedence. City Attorney Malkerson stated, if in the future tht City has another variance application and gives the same findings as this variance (this lot has always been a single separate ownership, at one time this lot was a legal lot and the zoning code changed to make it a substandard lot but that the use is still allowed) and there is not evidence to the adverse effect on the health, safety and welfare, if the lot is sewered, the City would have the same question here tonight. Malkerson stated that the Council should not 'chink about precedence setting but rather look to the property owner and his legal right to the property. Malkerson stated that there has been no legal evidence to the adverse effect on the health, safety and welfarf to allow a lot to be used in accordance with approval; standards. Councilmember Frahm stated that he could see a potential traffic hazard because if this variance is approved, the next four lots in thast neighborhood would probably be approved, therefore creating more traffic on a limited roadway. MINUTES OF THE REGUI-NR COUNCIL MEETING OF SEPTEMBER 10, 1984. PAGE 10 #820 LONIE FISK Phil Bradley of 4075 Oak Street stated that there is only one access out of that neighborhood. Councilmember Adams stated that he is reluctant to approve this large of a percentage for a variance but yet then the City is denying the property owners rights. Adams stated that research should be done on den.ial of any similar variances Adams stated that he is reluctant to gi•ie incentives to people who speculate on tax forf:t. lands. Councilmember Hammerel stated that he is concerned with the intent of the zoning code. Hammerel stated that by granting this variance i.t could set a precedence. Hammerel stated that he doesn't understand how the courts can deny the City code. City Attorney Malkerson stated that when the code speaks on the intent and purpose about the desire to promote open space it does not. mean that the City has any more authority than what is setforth in the performance standards and what the constitution and statutes al low. Malkerson stated that it talks about open space in the code. Malkerson stated that when the City went to a one -acre zoning it was to make sure that a lot of the vacant land when new parcels developed would be developed as one acre density. Malkerson stated that the courts have said that when previous Councils api,.oved a zoning code that allowed for lots like this, that that Council had set in momentum a certain constitional right then that stays with that property, subject to slight changes that e current Council can bring about through its police power. Malkerson stated that this was a legal lot at one time. Councilmember Grabek moved, Councilmember Frahm seconded, to approve the variance for Lonie Fisk based on the findings stated previously. Motion, Ayes (2), Nays (3). Mayor Butler, Councilmembers Adams and Hammerel voted nay. Motion failed. Councilmember Frahm stated that he has not heard testimony that would effect the public health, safety and welfare and therefore cannot legally deny the variance until he has heard such testimony. Mayor- Bit ler asked staff to research the question and give us book chapter and verse on the impact of changes of character of neighborhood, denying the open space protection of the zoning code, the fact that this lot is 59% smaller than all other ?ry*,, in the neighborhood, where the City said "no" on lot area and lot width variances and why, any lots similar to this with sewer and houses, and if so where and when, and under what coning code- Put let stated that the integr ity of the MINUTES OF THE REGULAR CCOW-111, MEETING OF SEPTEMBE:P. 10, 1984. PAGE 11 zoning corle has to be maintained somewhere along the 1820 LONIE FISK line and people do move into a community because of the atmosphere that the community presents to them on visual sighting. Butler stated that the residonts rely -i the Counci 1 to uphold the zoning code. Butler state. that staff should find out precisely why the lot is too small and to come bac?- and give all the rationale she will need to show before the Judge and say "y,)ur honor it (the lot) is too small". Malkerson stated that he assumes tt,at in that direction, if staff comes bark and says that staff believes that as a matter of law and facts, and staff's recommendation is that it i s a bui ldable lot then staf f is able to bring that recommendation back to Council? Mayor Butler stated it is but that isn't what she: wants to hear. Councilmember Adams moved, Councilmember Hammerel seconded, to table the Fisk appl i cat, i un until October 29, 1984, in order to provide adequate time for the neighbors to look into the questions discussed. Adams stated that the neighbors should have the burden of presenting to the Council arguements relating to the health, safety and welfare of the community. Motion, Ayes (4), Nays (1). Councilmember Grabek voted nay. City Attorney Malkerson set deadline dates for submittals. Malkerscn set October 17, 1984 for any additional information to be submitted to the City. Malkerson set October 22, 1984 for any response to those Fubmittals. City Attorney Malkerson :suggested that the neighbors obtain legal advice to come upwit.h f indings that would rind adverse effects on the public health, safety, or welfare if the City approves the variance. Malkerson suggested the neighbors seek any expert testimonies such as traffic engineers, appraisers, etc, to give findings to the Council on how this variance would have adverse effects on the traffic or dimunition in property values. MINUTES OF THE REGULAR COUNCIL MEETING OF SEFTEMBER 10, 1984. PAGE 12 #830 WILLIAM SMILEY 2720 PHEASANT ROAD FINAL SUBDIVISION RESOT..UT I ON # 16 7 0 #739 EDWARD 1•EH14AN 3`25 SHORRLINE DRIVE 2420, 2450, 2470 CARMAN FINAL SUBDIVISION RESOLUTION #1671 Mr. and Mrs. William Smiley was present. Yale and Suzie Smiley were also present. Mayor Butler noted that a building permit cannot be issued until Lift Station 07 is repaired. Mayor Butler moved, Councilmember Adams seconder o approve Resolution #1670, A Resolution Approving the a lot line reap rangement known as Yale Smi ley Addition. Motion, Ayes (5), Nays (0). ST Mayor Butler moved, Councilmember Frahm seconded, to approve Resolution #1671, A Resolution approving the plat of a lot line rearrangement known as Lehman Lagoon. Motion, Ayes (5), Nays (0). #845 ALAN MCDOWLIL 905 FERNDALE ROAD WEST CONDITIONAL USE Pr.RMIT RESOLUTION #1672 Alan McDowell was present. Mayor Butle- stated that her only concern is that this :-ould be rE _ed out in the future. Butler stated that it is almrst impossible for the staff to police. Councilmember FraF.,i suggested taking away the separate entrance to the guest house ulse. Frahin noted that this type of use is impossil-le to police. Mayor Butler moved, Councilmember Adams seconded, to approve Resolution 01672, A Resclution Granting a Conditional Use Permit to permit construction of a caretaker/guest apartment at 905 West F( rndale Road. Motion, Ayer, (4), Nays 11). Councilrember Frahm voted nay for the reasons noted above. 1847 CATHARINE CRAM .3760 WATFRTOWy ROAD CONDITIONAL, USE PERMIT RILSOLUT'ON 11673 Assistant. Zoning Administrator Gaffron noted that 17atharine Cram had signed off on the resolution. Mayor Butler moved, Counci lmember Frahm seconded, to approve Resolution 01673, A Resolution approving a cond,. tional use permit to permit a quest house use of an attached apartment at 3760 Watertown Road. Motion, Ayes (`,), Nays (0) MINUTES OF THE REGULAR COUNCIL MEETING SEPTEMBE:R 10, 1984. PAGE 13 #848 LOWELL ZITZI.OFF 3525 SHORELINE DRIVE VARIANCE RESOLUTION #1674 Lowell Zitzloff and Bruce Schmitt, architect, were present. #850 DENNIS THOMPSON 250 OLD CRYSTAL BAY RD VARIANCE RESOLUTION #1675 #851 STUEI.AND i BARBEAU 4080 BAYSIDE ROAD VARIANCE RESOLUTION #1676 1863 WILLIAM GREGORY 1410 SHORELINE DRIVE CONDITIONAL USE PERMIT RESOLUTION # 1677 Mayor Butler moved, Councilmember Hammerel seconded, to approve Resolution #1674, A Resolution granting a variance to permit the construction of a commercial building located at 3542 Shoreline Drive. Motion, Ayes (5), Nays (0). Dennis Thompson and H.G. Steckel were present. Thompson noted that no auctions would be held on the property. Adams moved, Councilmember Hammerel seconded, to approve Resolution #1675, A Resolution grantinq a variance to permit the keeping of horses for the purpose of breeding, training and sale to the public at 250 Old Crystal Bay Road. Motion, Ayes (5 ) , Nays (0 ) . Assistant Zoning Administrator Gaffron noted that Stueland and Barbeau had both signed off on the resolution. Councilmember Frahm moved, Councilmember Hammerel seconded, to approve Resolution #1676, A resolution approving a variance to permit construction of a detached garage located at 4080 Bayside Road. Motion, Ayes (5), Nays (0). Planning Conunission Representative Kelley stated that the Planning Commission felt- that the Gregory's should be tagged if that wetlands was found to have been altered. Councilmember Frahm moved, Councilmember Adams seconded, to approve Resoluti..i #1677, A Resolution approving a conditional use permit for the construction of a retaining wall. Motion, Ayes (5), Nays (0). MINUTES OF THE REGULAR COUNCIL MEETING HELD SEPTEMBER 10, 1984. PAGE 14 PAUL SMITH PUBLIC HEARING 8:30 - 9:15 PM RESOLUTION 11b78 Councilmember Adams left the Council meeting at 8:30 F.m. Paul Smith and Lou Oberhauser, attorney, were present. City Recorder Sutton noted the affidavit of publication. Mayor Butler announced that now was the time and place for the public hearing concerning the Paul Smith sewer at 2477 Dunwoody Avenue. Mr. and Mrs. Powers of 2475 Dunwoody Avenue were present for this public hearing. Carl Widmer, contractor, was also present. Lou Oberhauser, Smith's attorney, asked for the estimated cost of the sewer project. City Engineer Cook stated to install sewer on the Smith property on Dunwoody Avenue would cost $24,600 a.id for water $4,000. Cook noted another $2,000 for the installation of the station for a total of $28,600. Cook stated that there could be some additional cost involved in the easement acquisition. Cook stated that the City needs an easement from the Powers. Cook stated that the proposed line is on the north side of the property line which is the Power's original hemesite. Cook stated that on the north side a 10' permanent easement would be needed, 15' temporary construction easement, and 10' temporary easement on the south side of the line. Cook stated that a garden that would be torn up would have to be replaced. City Attorney Malkerson asked if that estimate included an easement acquisition cost. City Engineer Cook stated not a significant portion of the easement cost. Oberhauser stated that Smith is willing to cooperate with the City. Oberhauser stated that there is a 10' ingress -egress easement on the property but that Smith has not been able to use that easement because of the objections of the property owner. Oberhauser stated that Smith wants the City to go ahead with the condemnation of the easements and the construction of the sewer and water. MINUTES OF THE REGULAR COUNCIL MEETING HELD SEPTEMBER 10, 1984. PAGE 15 PAUL SMITH City Attorney Malkerson asked if Smith was willing to pay the benefit and sign an agreement with the City that says he will pay special assessments. Lou Oberhauser stated if the assessments were reasonable he would be willing to sign. City Attorney Malkerson stated if the City lays out $34,000 for the project and then Smith is willing to si4^ up for only $10-12,000 the general tax payer has to �y the remainder of that project cost. Malkerscn stated that the court will want the City to prove through testimony that the property value went up $34,000. Malkerson stated that Smith suggested putting in the holding tank sometime in the past. Paul Smith stated that he has wanted to put sewer and water in for a long time. Mayor Butler stated that the Council had approved the holding tanks for the Smith property and that they were never installed and so the Council would like to proceed. Councilmember Frahm stated that Smith tics had many opportunities to negotiate this with the Powers and that there has always been an excuse holding up the installation and that sewer and water should be installed now. Councilmember Frahm moved, Mayor Butler seconded, to call for plans and specifications for the City project to install municipal sewer and water lines to the Smith property and for staff to start condemnation of easements ar.d to commence hazardous building proceedings requesting that the court order that the building is inhabitable due to inadequate and poorly functioning sewer facilities. There was more discussion after the motion. Oberhauser stated that the City is avoiding the issue. Oberhauser stated that the City made a mistake in 1963 when they installed the sewer and water and did not include the Smith property. Oberhauser stated that Smith should not have to pay the whole assessment because the City made a mistake before. City Attorney Malkerson stated that there are not facts in the record to justify the conclusion that the City made a mistake in 1963. Malkerson stated that some of the sewer projects in the past when the City would come upon a property that was difficult to service that the property owner would sometimes say they didn't want sewer and water ser-ice. MINUTES OF THE REGULAR COUNCIL MEETING HELD SEPTEMBER .10, 1984. PAGE 16 PAUL SMITH Oberhauser stated that the record speaks for itself. Oberhauser stated that Smith's property should have been sewered since it was the best candidate on Casco Point to yet service. Councilmember Adams returned to the Council meeting at 9:00 p.m. Paul Smith stat^d that he had a contractor ready to install the holding tanks and then the City went and stopped the contractor from starting 1-he job two days before the contractor was to start. City Engineer Cook stated that the easements had not been acquired and an agreement was not reached with the Powers. Oberhauser stated that the City should solve the problem because of the mistake the C4ty made in 1963. Oberhauser stated that the City should install the sewer and water and assess the maximum benef i t back to Smith, but that Smith should not have to pay for the whole assessment because of the 'ity's mistake. City Attorney Malkerson stated that the acquisition of easements is an assessable cost. Malkerson asked if Smith is willing to sign an agreement with the City to assure payment for the assessments. Counci lmember Frahm asked how much it would cost to do an easement condemnation. City Attorney Malkerson stated approximately $3-4,000. Councilmember Frahm revised his original motion, now moving to commence hazardous building proceedings requesting that the courts declare the building uninhabitable due to inadequate sewer facilities and for Smith to sign an agreement with the City which would state that within so many days of the condemnation of easement that the sewer and water will be installed. City Attorney Malkerscnstated that t.wo motions should be made. Malkerson stated that one motion would deal with the hazardous bui ldling proceedings and the othWr directing staff to obtain an appraiser. Mrs. Powers stated that they would sign a right -of - entry agreement so that the installation could commence. Oberhauser, Smith and Widmer left the Council Chambers at 9:15 to confer. Mayer Butler closet! the public hearing at 9: 15 p.m. MINUTES OF THE REGULAR COUNCIL MEETING HELD SEPTEMBER 10, 1984. PAGE 17 PAUL SMITH Oberhauser asked if 6 weeks (from the date of access to the property) was adequate time for the installation of the sewer and water. City Attorney Malkerson stated that an agreement from Smith would be needed stating that Smith will not sell the property in the interim. Malkerson stated that since it is the City's intent to assess all or a portion of that cost of the acquisition of that easement back to the property, the City should complete steps under 429 in the statutes. Councilmember Frahm withdrew previous motion. Oberhauser stated that if the City prepares a document wherein Smith would waive the procedural aspects of the preliminary hearing, etc, that Smith would sign. City Attorney Malkerson asked if Smith would be willing to sign a waiver of his right to appeal the assessment roll that levies the cost of that acquisition to Smith. Oh,�?ihauser stated that the Powers will probably want money for the easement. Oberhausen stated that the City owes Smitn the access to the line. Oberhauser stated that they are willing to waive any of the procedural aspects but no substantive issues. Mayor Butler moved, Councilmember Hammerel seconded, to direct staff to obtain an appraiser and review that appraisal with Smith and Powers and proceed with the -installation of sewer and water within 6 weeks. Motion, Ayes (5), Nays (0). BIG ISLAND STATUS REPORT* Councilmember Frahm moved, Councilmember Hammerel seconded, to approve Building OfficialJacob'sstatus report on Big Island. Motion, Ayes (5), Nays (0). NAVARRE FORCE MAIN BID AWARD Councilmember Frahm moved, Mayor Butler seconded, to approve the bid award to B & D contracting for an amount of $102,926.28 subject to City Attorney review. Motion, Ayes (5), Nays (0). FOX STREET & WILLOW DRIVE RESOLUTION 11679 VARIANCE i Engineer Cook stated that the curve on the south of Willow Drive and Fox Street 1s a 30 mph designed .rve. Cook stated that the road was constructed with MSA funds. Cook stated that since that time the regulations have changed and this street is referred to as a rural area designed roadway. Cook stated that a minimum design standard has tc be 40 mph. MINUTES OF THE REGULAR COUNCIL MEETING HELD SEPTEMBER 10, 1984. PAGE 18 Cook stated that the curve no longer meets the standard MSA has established. Cook stated that the City has to apply for a variance to the standards. Cook stated that the resolution is asking for a variance and the City is asking for elimination of the first 500' from the system. Cook stated that MN DOT wi 11 approve that subject to the City agreeing to build that 500' within the next two years sometime. Mayor Butler moved, Councilmember Adams seconded, to approve Resolution #)1679, A Resolution Requesting a Variance from current Municipal State Aid Standards. Motion, Ayes (5), Nays (0). BID OPENING DATE CHANGE SEWER LINE REPAIR DITCH GRADING HWY 12 Mayor Butler moved, Councilmember Frahm seconded, to set the bid opening date for September 28, 1984 at 10 AM for the sewer line repair and ditch grading on Highway 12. Motion, Ayes (5), Nays (0). CRYSTAL BAY SEWER PUBLIC HEARING Councilmember Frahm moved, Councilmember Hammerel seconded, to approve the public hearing to be held September 24, 1984 at 8:00 PM concerning the Crystal Bay sewer project. Motion, Ayes (5), Nays (0). CABLE TV REPORT Mayor Butler noted the Cable TV meeting to be held September 11, 1984, at 5:30 PM at the Shorewood City Hall. ORONO ASSESSOR AGREEMENT* Councilmember Frahm moved, Councilmember Hammerel seconded, to approve the Assessor Agreement with Rolf Erickson. Motion, Ayes (5), Nays (0). ASSESSING SERVICES* Councilmember Frahm moved, Councilmember Hammerel seconded, to approve the letter and resolution #1663 sent to Hennerin County thanking them for the assessing services over the years. Motion, Ayes (5), Nays (0). MAPLE PLAIN INTERCEPTOR* Councilmember Frahm moved, Councilmember Hammerel seconded, to approve City Administrator Benson's letter dated August 31, 1984, to Lowell Thompson at the Met Council concerning the Maple Plain Interceptor. Motion, Ayes (5), Nays (0). TAX INCREMENT FINANCING* Councilmember Frahm moved, Councilmember Hammerel seconded, to recognize the tax increment meeting to be held with the Navarre Retail Association on September 11, 1984, at 7:00 PM. Motion, Ives (5), Nays (0). MINUTES OR THE REGULAR COUNCIL MEETING HELD SEPTEMBFR 10, 1984. PAGE Ili BID AWARD - 3/4 TON PICKUP 4 W/D UTILITY DEPT* Councilmember Frahm moved, Councilmember Hammerel seconded, to approve the bid award to Minneapolis GMC Truck Center for one 3/4 ton and 4 w/d pickup for an amount not to exceed $10,075.00. Motion, Ayes (5), Nays (0). BID AWARD UTILITY TRACTOR STREETS 6 PARKS DEPT* Councilmember Frahm moved, Councilmember Hammerel seconded, to approve the hid award to Kottuems Sales & Service for one model 2150 John Deere Tractor and side mount mower for an amount not to exceed $19,280.86. Motion, Ayes (5), Nays (0). REVENUE StLNRING PUBLIC HEARING Councilmember Frahm moved, Councilmember Hammerel seconded, to approve the public hearing for revenue sharing to be held on October 15, 1984 at 7:00 PM. Motion, Ayes (5), Nays (0). COUNCIL MEETINGS FOR OCTOBER* Councilmember Frahm moved, Councilmember Hammerel seconded, to recognize the October Council meeting schedule. Motion, Ayes (5), Nays (0). SPECIAL i.SSESSMFNT PROCEDURES, Councilmember Frahm moved, Councilmember Hammerel seconded, to approve the special assessment procedures past and present report. Motion, Ayes (5), Nays (0). PRIMARY ELECTION DAY* Councilmember Frahm moved, Councilmember Hammerel seconded, to recognize primary election day as September 11, 1984 and approve the judge precinct assignment.. Motion, Ayes (5), Nays (0). TEMPORARY EMPLOYMENT STREET DEPT* Councilmember Frahm moved, Councilmember Hammerel seconded, to approve the temporary employment cot Randy O'Brien for the Street Department at an hourly rate of $9.00/hr effective September 4, 1984. Motion, Ayes (5), Nays (0). PART-TIME EMPLOYMENT LIQUOR STORE* Councilmember Frahm moved, Councilmember Hammerel seconded, to approve the part-time employment of Curt Brirrer and Michael Greenquist at $4.00/hr, and a salary increase for John Hennings from $3.95 tc $4.35/hr. Motion, Ayes (5), Nays (0). LETTER TO CREIGHTON* Councilmember Frahm moved, Councilmember Hammer-1 seconded, to approve City Administrator Benson's letter dated August 30, 1984, concerning insurancf, coverage. Motion, Ayes (5), Nays (0). MINUI,-S OF THE REGULAR COUNCIL MEETING HELD SEPTEMBER 10, 1984. PAGE 20 CITY ATTORNEY'S REPORT WELSH MATTER City Attorney Malkerson reviewed with the City Council the outcome of the Welsh lit.igation matter. Malkerson noted that the City does nun have authority to regulate dredging in tLe public, open waters because the DNR has the exclusive authority to do so. Malkerson stated that the City does have the authority to regulate the location and size of docks. Malkerson stated that the City does have the authority to regulate rip rapping of the shoreline and disposition of dredged spoils within the City. Malkerson stated that the court found that the City is not 1 iable for Welsh's attorney's fees. Malkerson stated that this was the first case in Minnesota that the courts outlined the extent to which attorney's fees would be available. Malkerson stated that Welsh will probably resubmit a dredging application to the City. Malkerson stated that in the future when the City receives a notice of dredging, the staff will analyze it and see if there i� any adverse impact and bring it to the Counci 1 and will then communicate with the DNR and the City will give their recommendation to the DNF. Councilmember Frahm moved, Mayor Butler seconded, to direct staff to remove the dredging application fee on the City fee schedule. Motion, Ayes (5), Nays (0). LICENSES* Councilmember Frahm moved, Councilmember Hammerel seconded, to approve a septic system installer's license to Marty's Excavating. Motion, Ayes (5), Nays (0). I31I,L,S* Councilmember Frahm moved, Councilmember Hammerel seconded, that the All Funds Accounts and Liquor Store Accounts be paid. Motion, Ayes (5), Nays (0). ADJOURN1ENT10:04 Mayor Butlei moved, Councilmember Grabek seconded, to adjourn the regular Council meeting at 10:04 and go into executive session. Motion, Ayes (5), Nays (0). i ATT S1 U othy M Ha/llin, City Clerk Mary C. Bu r, MYyor AGENDA FOR COUNCIL MEETING SET FOR MON►)AY, SEPTEMBER 10, 1984, 7:00 P.M. * ) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the consent Item* on the agenda. Discussion will be held upon request. ROLL CALL 1. CONSENT AGENDA* APPROVAL OF MINUTES G0[ j! jCjI_ I;.IFETING * 2. Regular Meeting of August 27, 1984 * 3. Special Meeting of August 22, 1984 198 4 PARK COMMISSION COMMENTS LAKE MINNETONKA CONSERVATION DISTRICT REPORT �l-j-Y ut' i' ?0 J0 * 4. Septembwr Meeting Schedule PLANNING COMMISSION COMMENTS - Charles Kelley Representative PUBLI:- COMMENTS ZONING ADMINISTRATOR'S REPORT 7:00 P.M. 5. #820 Lonie Fisk, 493 Park Avenue - Variance 6. #830 William Smiley, 2720 Pheasant Road - Final Subdivision - Resolution 7. #739 Edward T. Lehman, 3525 Shoreline Drive, 2440, 2450, 2470 Carman Street - Final Subdivision - Resolution 8. #845 Alan McDowell, 905 Fern.lale Road West - Conditional Use Permit - Resolution 9. #847 Catharine Cram, 3760 Watertown Road - Conditional Use Permit - Resolution 10. #848 Lowell Zitzloff, 3542 Shoreline Drive - *.'�riance - Resolution 11. #850 Dennis Thompson, 250 Old Crystal. Bay Road - Variance - Resolutio►l 12. 4851 Richard Stueland and Ramona Barbeau, 4080 Bayside Road - Variance - Resolution 13. #863 William Gregory, 1410 Shoreline Drive - Conditional Use Permit - Resolution 8:A9 P.M. PUBLIC HZARING 14. Paul Smith Public Hearing - Resolution *15. Big Island Status Report CITY ENGINEER'S REPORT 16. Na•.,arre Force Main Bid Award 17. Fox Street and Willow Drive - Resolution and Variance 18. Bid Opening Date Change - Sewer Line Repair and Ditch Grading Highway 12 *19. Crystal Bay Sewer Public Hearing - September 24, 1984, 8:00 P.M. MAYOR'S REPORT *20. Cable T.V. Meeting - September 11, 1984, 5:30 P.M., Shorewood City Hall CABLE TV REPORT TRANSPORTATION REPORT CITY ADMINISTRATOR'S REPORT *:'.. Orono Assessor Agreement: Rolf Erickson *22. AssErssincl Services - Letter and Resolution AGENDA FOR COUNCIL MEETIWG EET FOR MONDAY, SEPTEMBER 10, 1984, 7:00 P.M. CITY ADMINISTRATOR'S REPORT *23. Maple Plain Interceptor - Letter to Lowell Thompson, August 31, 1984 *29• Tax Increment Ninancinq September 11, 1984, 7:15 Spring Park - Navarre Business Association P.M., Pizza On The Lake, *25. Bid Award - 3/4 Ton Pickup, 4 *26. W/D Utility Department Bid Award - Utility Tractor, Streets and Parks Department *27. Revenue Sharing Public HF:arin *28. October 15th Council Meeg - October 15, 1984, 7:00 P.M. ' *29. Special Assessment Pror_eduresPast Present placeOctober 8th Legal Holiday *30. Primary Election September 11, 1984 *31. Temporary Employment Street Departmenf-`Tudge Precinct Assignment *32. Part- Time Employment Liquor Store CITY ADMINISTRATOR'S LETTERS AND MEMOS *33. Thomas Creighton Re: Cable T.V. Insurance Coverage, August 30, 1984 CITY ATTORNEY'S REPORT 34. Welsh Matter - Review Court Decision LICENSES BILLS (36*) ADJOU RNM E:N,r rINUTES OF THE REGULAR COUNCIL MEETING HELD ON AUGUST 27, 1984. PAGE l ATTENDANCE 7:00 PM The Orono Council met on the above date with the following members present: Mayor Butler, Council - members Frahm, Adams, Hammerel and Grabek. City Administrator Benson, Zoning Administrator Mabusth, City Attorney Malkerson, City Engineer Cook, Public e,011"'r11 n;,�._'� i ING Works Coordinator Gerhardson, and Recorder Sutton �VL7 represented the City ,taff. CON§ENT(#XGF.NDA* Councilmember Hammerel moved, Councilmember Frahm seconded, to approve the Consent Agenda* subject to removing item MI off the Consent Agenda for C IT Y C) F GF1QO discussion, with all staff report- concerning these items reviewed at this meeting to be attached to the original copy of these minutes on file in the City Clerk's office. Motion, Ayes (5), Nays (0). APPROVAL OF MINUTES* Councilmember Hammerel moved, Councilmember Frahm seconded, to approve the minutes of the regular council meeting held August 13, 1984. Motion, Ayes (5), Nays (0). APPROVAL OF' MINUTES* Councilmember Hammerel moved, Councilmember Frahm seconded, to approve the minutes of the special meeting held August 15, 1984. Motion, Ayes ( 5) , Nays (0). PARR COMMISSION COMMENTS There were no Park Commission comments. LAKE MINNETONKA CONSERVATION DISTRICT REPORT Jo Ellen Hurr was prese.,t. Hurr stated that the LMCD is revising their fee schedule. Hurr stated that dock license fees would be raised to cover the cost of the LMCD's review. Hurr stated that if this new fee schedule is adopted that it may cut the cost to local cities by 50%. Mayor Butler asked Hurr to ask the LMCD to consider issuing DWI citations on the lake. PLANNING COMMISSION COMMENTS There were no Planning Commission comments. PUBLIC COMMENTS There were no comments from the public present. MINUTES OF THE Ri:GUI.r,R COUNCII. MEETING HELD ON AUGUST 27, 1984. PAGE 2 i832 HAR: HL APPEAL OF .._ , t.I STRATI V E: INTERPRETATION OF FENCE ORDINANCE - FENCE AT 405 OXFORD ROAD The following neighbors and friends were present for this application: Harriet Hehl - 3348 Bayside Road Don Streeter (spokesman for Hehl ) & Rhonda Streets 4740 I.akeway Terrace Hazel Anderson - 3780 Bayside Road Mary Lou Swenson - 3780 Bayside Road Rose Madden - 350 Crestview Avenue Beth Miller - 103 Inger Place (Buffalo) Julie Zimonerly - 155 Gleason Lake Road (Wayzata) Barbara Huker - 3390 Bayside Road Esther Addison - 3382 Bayside Road George & Mildred L.ind - 3310 Bayside Road Daryle Hehl (relative of Harriet Hehl) David Hehl (relative of Harriet Hehl) John Millen - 653C 68th Ave. No. - Brooklyn Park George & Kathe Jukish - 3280 Bayside Rd Don & Bonnie Boylan - 3246 Bayside Rd Art Burton (owner) - 405 Oxford Road James Deanovic (builder) of 405 Oxford Road Mayor Butler moved, Councilmember Frahm seconded, finding that the City staff did indeed act correctly in their interpretation of the fence ordinance. A vote was taken after discussion continued. Don Streeter stated that Harriet Elehl has lived there for 55 years and has enjoyed the view and breeze of the like. Streeter stated that in 1983, the land across f rom Mrs. Hehl was f i 1led and then a berm was placed on the property. Streeter stated that after the bermwas constructed, the fence was put on top of the berm. Streeter stated that he believes that the intent of the Council's ordinance is to have a fence constructed at existing grade. Streeter stated that Burton has been reasonable and took twc sections of the fence out, but really no change was made as far as the -.iew from Mrs. Hehl'swindow. Streeter stated that Mrs. Hehl is not trying to find out who was in error but to correct the situation at hand. Mayor But ler stated that the base of the fe;ice is at the same eIevation as the street. Butler stated that: there is no berm there but the yard which is the same height of the street. Butler stated that the filling was done to keep drainage off his property. Don Streeter stated that there is a berm there and there was extensive fillinq clone on the property. MINUTES OF THE: REGULAR COUNCIL. ME:E:TING HELD ON AUGUST 27, 1984. PAGE 3 #832 HARRIET HEHL Councilmember Grabek stated that the difference in grade is only about one foot from the s-irvey submitted. Grabek stated that the grade is raised near the lake and the grade across from Hehl's property is even with ttie road. Grabek stated that Mr. McGreevy seems satisfied, who was once in opposition to the fence. Mayor Butler stated that when an individual builds a house, they are allowed to grade. Butler stated that the elevation of the current yard is the same a_ the street. Butler stated that grading is allowed to control drainage on a property. Butler asked did the staff do right or wrong. Butler stated that she felt the staff was right in interpreting the fence ordinance. Councilmember Frahm stated that the grading was done near the tennis court. Frahm stated that he couldn't see any grading done that would have affected Mrs. Hehl's view. Frahm stated that this type of fence along major thoroughfares are all over Orono. Councilmember Grabek stated that the fence was not put UP to spite anyone. Grabek stated that the code allows grading to be done. Grabek stated that the City can't protect everyone's view of the lake when they don't even live on the lake. Don Streeter stated that staff stated at the Planning Commission meeting that if the request to build a fence as presented along with a grading plan, that staff would not have approved the fence. Zoning Administrator Mabusth stated that today she wouldn't have approved the fence because of the Council's position on fences. Mabusth stated that the grading was reviewed with the building permit and that staff approved the grading plan. Mabusth noted that at the time the grading was reviewed, the fence was not proposed. Kathy Jukish of 3280 Bayside Road asked Council if they could adopt a fence ordinance to prevent this type of fence from being constructed in the future. Jukish asked Counci 1 if they could adopt a moratorium on all fences. Mayor But ler stated that the fence ordinance needs a lot of work and that it couldn't be accomplisher' tonight, but staff could look into revising the ordinance. Butler stated that the City has tried before to redo the fence ordinance but has had no luck. Butler suggested adopting a moratorium on construction of all fences. MINUTES OF THE REGULAR COUNCIL MEETING HELD ON AUGUST 27, 1984. PAGE 4 #832. HARRIET HEHL Councilm— r Adams stated that he was reluctant to put a mor, .um on all fences. Adams stated that it is a normal dart of construction of a home to grade and improve the drainage on the property. Counci lirember Frahm stated that he is not opposed to putting fences along major thoroughfares. Motion, Ayes (5), Nays (0). Councilmember Frahm moved, Mavor Butler seconded, to direct staff to clarify fence ordinance with regard to fill and fence height combinations for fences along major thoroughfares and fences classified as accessory structures. Motion, Ayes (5), Nays (0). l840 NED DAYTON 2300 NORTH SHORE DRIVE PRELIMINARY SUBDIVISION 17 UNIT PRD City Attorney Malkerson noted that this is not a moratorium and does not prevent any others from building a fence just like this one. Ned Dayton and John Bergh, planner, were present . Alex and Dianne Jentilucc.i of 1295 briar Street were present for this applical_ion. Dayton stated that there would he no use of the lake at all. Dayton stated that the covenants will prohibit docks, boats, and engines on the lake. Dayton stated that it would be strictly a viewing lake. Councilmember Adams noted for the record that Ned Dayton sold some of the lots at the Farm at Long Lake but that he felt he didn't have a conflict of interest. The Council agreed. Zoning Administrator Mabusth asked if there was a proposed barn. Ned Dayton stated that the only accessory structures on the commons areas proposed are the gazebo, Lennis court and nature trails. Dayton stated that they are trying to maintain the natural foliage, trees, and ponds. Alex Jentilucci P,riad if the City was going to take an easement over the drainage the that runs through their property. Zoning Administrator Mabusth stated that the City would take an easement over the drainage tile, retention ponds, and all drainageways. MINUTES OF THE REGULAR COUNCIL MEETING HELD ON AUGUST 27, 1984. PAGE 5 1840 NED DAYTON Mayor Butler moved, Councilmember Frahm :seconded, to approve the 17 unit rural PRD for Ned Dayton finding that all standards of the PRD ordinance, applicable standards of the RR-1B zoning district and septic ordinance have been upheld subject to the following conditions: 1. Access to all 17 residence pads rr.ust be off plat road. 2. The approved building envelop(, for each pad is as follows: front/street or rear = 35' side = 25' 'these approved setbacks must be included in the restrictive covenants for the development of the property. 3. All drainfield areas must be staked and protected prior to any site grading or road construction. Final resolution approving plat will specify need to protect drainfield locations. 4. Restrictive Covenants must speci f y need to limit all unnecessary grading on each Fad in order to fulfill primary purpose of PFD and protect designated improvement areas. 5. Dedicatiun of 33' of right of way for County Road 51. 6. Underlying road and utility easements over read outlot. Private road must be shown on plat as outlot. 7. Road plans must meet standards of Section 11..33 for a private road serving more than 8 units. A) Typical section B) Horizontal and Vertal contrc,ls 8. Drainage easements taken over wetlands, retention ponds, drainageways. 9. Apply for permit approval from the MCWD--final grading and drainage plans must show bench mark reference for elevations and erosion control measures. 10. Payment of Park Fee of $3,400.(( 1 unit @ $200 per 2 acre density MINUTES OF THE REGULAR COUNCIL MEETING HELD ON AUGUST 27, 1984. PAGE 6 #840 NED DAYTON 11. Approval of landscape plan dated June 26, 1984 (File 8420, 1 of 1) 12. Final. grading and drainage plans must show erosion control measures. 13. No riparian rights allowed on French Lake. 14. Foot path location and construction within Outlot B to be approved by staff. 15. Homeowners association to maintain open areas. Motion, Ayes (5), Nays (0). #841 CRAIG WINTERS 888 PLENTYWOOD ROAD PRELIMINARY SUBDIVISION 9 UNIT PRD Gene Earnst was present. Earnst stated that in previous staff reports that it didn't specify that the road must be paved. Zoning Administrator Mabusth stated that since recodification that there are new subdivision regulations. Councilmember Frahm stated that the resolution should specify why this property is using the PRD type of development. Frahm noted for the record because of the extensive wetlands. Councilmember Frahm moved, Cc A lmember Hammerel seconded, to approve the 9 unit PRD subdivision application of Craig Winters for the proposed development of Plentywood Farms finding all standards of the PRD ordinance, applicable standards of the RR- lA zoning district and septic ordinance havc been upheld subject to the following conditions: 1. Access to all nine residence pads must be off plat road. 2. The approved building envelope for each pad is as follows: Pads 1-6, 8 & 9 - front/rear at 50' , side at 30' Pads 5 & 6, front 30', rear 50', side 30' Pads 7 - front/rear at 50', right/westside yard setback at 30' and left/east side yard must be 50' . The approved setbacks for each pad must be stated in the restrictive covenants dealing with the development of this PRD. MINUTES OF THE REGUI)R COUNCIL KEETING HELD ON AUGUST 27, 1984. PAGE 7 #841 CRAIG WINTERS 3. Prior to final plat approval, the developer must submit a plan of the total PRD designating the septic and building envelopes on each pad and that this plan shall be made a part of the public record and used as a guide in the development of each pad. 4. Dedication of right of way for County Road 6. 5. City to acquire underlying road and utility easement over road outlot upon final plat approval. 6. Revise road plans as follows: a) Road must be paved wi.h 3" of bituminous surfacing, an 8" base of Class 5 gravel, ditches 2' below centerline crown. b) Realign road (stations 6-10) to the north providing Pad 2 with an expanded building envelope. c) Relocate cul de sac by moving it further scuth 325' out of the wetland (station 16 + 90 ) - Pads 5 b 6 to be served by shared, paved driveway. 7. After the final drainage information is reviewed and elevations are confirmed, drainage easements to be designated over all wetland areas placed below the OHM of both the west and east. wetlands. 8. Permit approval is required by the MCWD. 9. Outlot A must be combined with Hagfors property. Outlot b must tie combined with Gehrman property. 10. Payment of Park Fee of $800.00. One unit @ 5 acre density = $100.00 One pad contains existing house. 11. Applicant placed on notice that alteration of a designated wetland will require a separate conditional use permit and that all improvements involving hardcover within commons area must maintain 26' setback from wetlands - -Applicant should advise if there will be a need to address variances with this review. 12. The existing barn need not meet 150' setback f rom all lot lines but must be at least 150' from all house structures. Motion, Ayes (5), Nays (0). MINUTES OF THE REGUIJ►R COUNCIL KEETING HELD ON AUGUST 27, 1984. PAGE 7 1841 CRAIG WINTERS 3. Prior to final plat approval, the developer must submit a plan of the total PRD designating the septic and building envelopes on each pad and that this plan shall be made a part of the public record and used as a guide in the development of each pad. 4. Dedication of right of way for County Road 6. 5. City to acquire underlying road and utility easement over road outlot upon final plat approval. 6. Revise road plans as follows: a) Road must be paved wi.h 3" of bituminous surfacing, an 8" base of Class 5 gravel, ditches 2' below centerline crown. b) Realign road (stations 6-10) to the north providing Pad 2 with an expanded building envelope. c) Relocate cul de sac by moving it further south 325' out of the wetland (station 16 + 90 ) - Pads 5 & 6 to be served by shared, paved driveway. 7. After the final drainage information is reviewed and elevations are confirmed, drainage easements to be designated over all wetland areas placed below the OHM of both the west and east wetlands. 8. Permit approval is required by the MCWD. 9. Outlot A must be combined with Hagfors property. Outlot B must be combined with Gehrman property. 10. Payment of Park Fee of $800.00. One unit @ 5 acre density = $100.00 One pad contains existing house. 11 . Applicant placed on notice that alteration of a designated wetland will require a separate conditional use permit and that all improvements involving hardcover within commons area :rust maintain 26' setback from wetlands - -Applicant should advise if there will be a need to address variances with this review. 12. The existing barn need not meet 150' setback from all lot lines but must be at least 150' from all house structures. Motion, Ayes (5), Nays (0). MINUTES OF THE REGULAR COUNCIL MEETING HELD ON AUGUST 27, 1984. PAGE, 8 NORTH SHORE DRIVE MARINA 1984 COMMERCIAL DOCK LIC RESOLUTION #1664 Larry Hork was present. Herman Renner of 3180 North Shore Drive was also present. Zoning Administrator Mabusth noted for the record that North Shore Drive Marina was dredging without a permit from the City. Mabusth stated that she contacted the DNR and that they had no record of a permit either. Mabusth suggested tabling the 1984 commercial dock license until North Shore Drive Marina applies for a dredging permit.. Larry Hork presented a DNR permit from 1969 and 1977 and stated that the DNR permit had a maintenance dredging provision. Hork stated that there was miscommunication on the DNi:'s part in that they couldn't fi-• a record of this permit. Hork stated that they i ? the permit and everything is ok with the DNR. Hork stated that he talked to the MCWD and they needed to see where the fill was going. Hork stated that he didn't think he needed a permit for the wor.l done since it was maintenance dredging. Hork stated that the fill was going to be used for the building of the garage. City Attorney Malkerson stated that there is a valid DNR permit. Malkerson stated that the City does have an ordinance which requires a permit for dredging and that Hork should apply for such permit. Malkerson stated that he is surprised that the MCWD doesn't require permit. Malkerson stated that Council must decide whether Fork should continue the dredging or not. Malkerson stated that the 1984 commercial dock license application should be treated as a separate issue and need not be tied into the dredging issue. Zoning Administrator Mabusth advised Hork that this DNR permit was not valid with the City and that the City requires a separate conditional use permit. Larry Hork stated that only about 10' of dredging is lef t to do and that he is not dredging out into the lake. Hork stated that. he needs the dock license for his f inancial agency. Hork noted that neither the DNR or the MCWD told him that he needed a permit with the City. Hork stated that the dredging is in between the two docks only. Herman Renner stated that bigger boats every year he to keep dredging. Renner - houseboat is still parked there all summer. Renner be allowed to park boats property at all. if Hork keeps bringing in is obviously going to have stated that the "temporary" there and has been parked stated that Hork should not or, that Fast side of the MINUTES OF THE REGULAP COUNCIL MEETING HELD ON AUGUST 27, 1984. PAGE 9 NORTH SHORE DRIVE MARINA Hork stated that the portion that was dredged is the portion of the .lake that the old docks covered. Hork stated that silt gathered underneath the docks and then when the new docks were put in that it needed dredging. Hork stated that the LMCD has already approved his dock plan. Hork stated that the City required him to submit a letter from that east property owner to park the houseboat on that side. Hork stated that the adjacent property owner submitted a letter stating that they didn't mind if the boat was parked there. Herman Renner stated that the battle with the marina has been going on for 25 years. Renner stated that they were promised that this marina would not use the east side of the property to park boats. Councilmember Frahm moved, Councilmember Grabek seconded, to approve Resolution #1664, A Resolution Approving a 1984 Con;mercirl Dock License for North Shore Drive Marina subject to condition #1 being removed and Mr. Hork moving the boat on the east side of the property. Motion, Ayes (5), hays (0). Councilmember Hammerel moved, Councilmember Adams seconded, to al;ow Hork to complete the dredging by Tuesday and further- directs Hork to apply to the City and any other agencies for the necessary permits. Motion, Ayes (5), Nays (0). CHASKA MARINA UPDATE Zoning Administrator Mabusth stated that Steve Pauley notified her that he would be unable to attend. Mabusth stated that Pauley stated that one fence is up and that the other will be installed as soon as the materials arrive with concrete footings. PLAN REVIEW MAPLE PLAIN INTERCEPTOR City Engineer Cook gave Council an update on the plan review for the Maple Plain Interceptor. Cook noted that the size of the pipe has been changed. Council directed City Administrator Benson to write a letter to the Met Council noting Orono's concerns about changing the size of the pipe. WILLOW DRIVE OVERLAY BID AWARD City Engineer Cook stated that the lowest bidder was Bury and Carlson. Mayor Butler moved, Hammerel seconded, to award the Willow Drive Overlay project to Bury and Carlson pending approval of MN GOT. Motion, Ayes (5), Nays (0). MINUTES OF THE REGULAR COUNCIL MEETING HELD ON AUGUST 27, 1984. PAGE 10 NAVARRE FORCE MAIN BID AWARD City Engineer Cook asked that the Council table this bid award until the September 10, 1984 Council meeting. Mayor Butler moved, Councilmember Frahm seconded, to table the bid award until the September 10, 1984 Council meeting. Motion, Ayes (5), Nays (0). CABLE TV REPORT Mayor Butler noted the Cable TV meeting to be held August 28, 1984 at 5:30 p.m. at Shorewood City Hall. TAX INCREMENT FINANCING NAVARRE Mayor Butler noted that the City is in the early stages of discussing an appearance change for Navarre through the use of tax increment financing. Steve Emerson, Leonard Kopp, and Arlin Waelti represented Miller & Schroeder. Dick Keaveny, Chic Remier, and Ned and Carol Petod were present from the audience. Steve Emerson of Miller & Schroeder explained the tax increment financing. Emerson stated that each community has pockets of areas where there has been obsolesce and things that wear out. Emerson asked what happens when this obsolence takes place and how can you cure this. Emerson stated that tax increment financing can cure those areas that need improvement. Emerson stated thet the definition for tax increment financing is the technique that takes advantage of new development, within any specified project area, and uses the taxes derived from that new development to pay municipal improvement costs within that area. Emerson stated that the law says that there are three main areas for tax increment financing: 1. Redevelopment of commercial blighted areas. 2. Low and moderate income housing. 3. Stimulation of economic growth. Arlin Waelti of Miller & Schroeder explained the legal aspects of tax increment financing. Arlin stated that Minneapolis used the tax inci -ment financing for the development of boring Park. Arlin stated that Minneapolis took a large amount of property, the state acquired the blighted property, and removed all buildings. Arlin stated that the developers walked away from the project and Minneapolis did not hay a any tax increments. Arlin stated that tax increment is that new taxable value that accrues from the new development that would not otherwise occur except for the public participation. Arlin stated that Loring Park rolled over onto the tax rolls. MINUTES OF THE REGULAR COUNCIL MEETING HELD AUGUST 27, 1984. PAGE 11 TAX INCREMENT FINANCING Arlin stated that the complications of tax increment financing are the limitations. Arlin stated that a City will not get in trouble if they follow the intent and letter of the law. Arlin stated that Orono seems to have a good project. Arlin stated that you first have to have a plan of action and cooperation from the owners in Navarre. Arlin stated that first you have to have a project area. Arlin stated that you have to have a defined area where public improvements will be made. Arlin stated that. you can take taxable values, in this case taxes from the new development, and use that money for paying for public improvements. Arlin stated that within that project area, tax increment financing, the project areas where the improvemet occurs, the tax increment district, is where the taxes are generated. Arlin stated that where most Cities got into trouble with tax increment financing and the big change that we made when we passed the law is that you Should keep the project area large and the tax increment district small. Arlin stated that if you have development occuring on one parcel, take that new development and leave the rest alone. Arlin stated that the rest of the area will follow. Arlin stated that the new development in Navarre will probably be of limited size. Arlin stated that the development that will occur in Orono probably is outside Navarre that the City is going to want to capture and use in the Navarre area. Arlin stated that another concept of tax increment financing is that tax increment districts did not have to be contiguous. Atli n stated that the City may want to identify an area in which development is going to incur in that new project area, and include Navarre in project area, and in those non-contiguous project areas, the City will identify parcels on which the Ci.ty's public assistance is going to create new development. Arlin stated that the City can take the tax increments generated from. a large development and use that to assist Navarre. Arlin states: that in order to be sure that the City has a structure and plan that works, the City should do its financial statements to make sure that the tax increment district will always support the development that is about to occur. Arlin stated that the thing that Loring Park did not do was to require development agreements. Arlin stated that if the City talks with someone, and they say they need a change in the road or whatever, and if the City will agree to do these things, that person will agree to add onto their building or put a new facade on their building. MINUTEC OF THE REGULAR COUNCIL MEETING HELD AUGUST 27, 1984. PAGE 11 TAX INCREMENT FINANCING Arlin stated that before the City enters into the project, that person should sign an agreement that they will be committed to redevelopment. Arlin stated that such agreement should state "not only do I agree to do development! but I will not challenge the City on this assesse" valuation". Arlin stated that it is not an inflated amount, but usually the value of the property plus the cost of the physical improvement of the land. Arlin stated that the City must give notice to the County and let them review the City'. rlans. Arlin stated that the County does not have the power to act on the plans, but only to review them. Arlin stated that it is good to include the community in the plans and also the school district. Arlin stated that the three types of districts are as follows: 1. Redevelopment area in blighted areas. Blight means that the City has something that presently exists, with five types of blight: a) obsolete buildings. Shculd be torn down or totally rebuilt. b) Zoning type of blight. Buildings ok but the layout is wrong and maybe should be rezoned. c) Areas in which the soil conditions are such that you could never put a new building on it, so you have to excavate and bring in fill. d) Acquisition of railroad properties. If the City tries to cut off railroad lots, the City would have to pay large fees for the railroad lards. e) Skyways over state or federal highways. 2. Low and moderate housing. 3. Economic: development. Bare land, but areas in which you have to put in public utilities. Arlin stated that districts 1 and 2 can run 25 years. Arlin stated that Navarre would fall under the redevelopment district. Mayor Butler stated that her idea of any redevelopment did not necessarily include the City going in and buying buildings and tearing down and starting all over again and then selling it back to him. Butler asked how the City would implement the doing. Butler stated that there is not a lot in Navarre for the City to do. Butler stated that the City doesn't have that much control over what Keaveny does with the physical aspect of their building. Butler asked how does the City make tax increment financing do what the City wants it todo by making Navarre a little nicer facade. MINUTES OF THE REGULAR COUNCIL MEETING HELL) AUGUST 27, 1984. PAGE 13 TAX INCREMENT FINANCING Arlin stated that tax increment financing originally was used for the acquisition of land. Arlin stated that tax increment financing does not have to be used that way. Arlin stated that the City needs a cohesive plan. Arlin stated that the City may want to construct new roads, do landscaping, lighting, curb cuts, parking, etc. Arlin stated that if the City wants new store fronts and encourage the sprucing up of their buildings, the City is talking about private property and trying to encourage the changing of private property. Arlin stated that legislation allows for commercial rehabilitation loans in which you can use tax increment financing, write down the interest on loans up to $200,000 for rehabilitation purposes. Arlin stated that included in the loans could he bring the building up to code. Arlin stated that if the City is going to encourage people to spruce up their properties, the best way to do that is to assist them through tax increment financing. Steve Emerson stated that the City would borrow money either through a bond program, and use those dollars for tax increment improvements. Council member Grabek stated that the citizens are going to say, "you the City are going to go through this financial strategy to improve the properties in Navarre, and all our taxes are going to increase and we are going to pay for the betterment for- the businessment in Navarre". Grabek stated that the citizens are not going to understand and how should the City answer that. Arlin stated that the City should n—ver put any property into tax increment district unless the City can answer this "Would that development '-lave occured without the City's assistance?" Arlin stated that the City has to encourage the people to participate. Arlin stated that commercial rehab program is only a small portion of tax increment financing. Arlin stated that the City is required by law to do: 1. Have a development program. 2. Tax increment financing plan. Dick Keaveny stated that he would be in favor of this type of plan. Keaveny stated that he has wanted to do something with his buildings for years, but hasn't had the money. Keaveny stated that the commercial rehab is part of the tax increment financing. One woman stated that Navarre is not all commercial. but is interrupted by residential units too. MINUTES OF THE REGULAR COUNCIL MEETING HELD AUGUST 27, 1984. PAGE 14 TAX INCREMENT FINANCING Arlin stated that the City ii�c to make policy decisions whether they want to include the residential areas as well as the commercial areas. Arlin stated that the City would also have to make the policy decision whether or not they would want to include the commercial rehab as part of the tax increment financing. Counci lmember Grabek said lets say there is agreement among the people. Grabek stated that the Ci`%, puts together a plan, which is not free. Grabek stated that the citizens don't like it. Grabek stated that the City has taken the risk and spent money and incurred an expense that can't be reimbursed. Arlin stated that the overall plan is not that large of a project. Arlin stated that the development program and that tax increment plan is usually done together. Arlin stated that the architectural drawing costs for individual buildingsare placed on the property owner, not the City. Arlin stated that the City has to commit themselves to the redevelopment and they the City needs one individual who is willing to add to their building. Arlin stated that the City doesn't have to wait for everyone to agree on one plan. Arlin stated that the City may agree to landscape, install lighting, fencing or whatever public improvements the City feels is needed. Mayor Butler asked how the City is going to cover its front end costs. Arlin stated that those costs would probably be covered under the first bonds issued. City Attorney Malkerson stated that if the City were to incur $30,000 in fees to come up with some plan, that. within the next year or two, at least one parcel. in the project area will develop even on their own and the City could capture that increment and pay those fees off. Malkerson stated that the City should have no problem paying off those costs because of the development that should occur. Arlin suggested that the City hold two meetings. Arlin stated that the first meeting should be with the business community and then the Council should hold a work shop to discuss the improvements that. need to be made. City Attorney Malkerson stated that the City should have staff locate an urban planner and let them give suggestions to the City. MINUTES OF THE REGULAR COUNCIL MEETING HELD AUGUST 27, 1984. PAGE 15 TAX INCREMENT iINANCING City Administrator Benson stated that. the Navarre Retail Association's meeting will be held on September 11, 1984, and that it wo ld be a go-d timr� Lo di sc;uss tax increment financing with the business people. One woman stated that another problem that thr: City will run into is that there :s a lot of renters in the Navarre area. ORONO ASSESSOR - ROLF ERICKSON Rolf Ericksor was present. Mayor Butler asked Erickson how he would divide up the field work. Erickson stated that he would do most of the f ield work and that he would have to hire an assistant to do data entry, homesteads and abatements. Erickson stated that he would take care of the calls, court cases, and much of the appraising. Councilmember Grabek asked if Erickson would re able to use Hennepin County's records or data. Erickson stated that he might be able to use some of their records. Councilmember Frahm stated that the City needs a good public relations factor. Mayor Butler stated that she expected Erickson to acquire a Comprehensive Plan and a Zoning Code and to take into account individual properties. Butler stated that as an example if a piece of property is all wetlands that it shouldn't be assessed as a buildable lot. Councilmember Grabek moved, Councilmember Frahm seconded, to hire Rolf Erickson as the Orono Assessor subject to staff review of the agreement. Motion, Ayes (5), Nays (0). RESOLUTION #1663 Councilmember Grabek moved, Councilmember Frahm seconded, to approve Resolution i1663, A Resolution not re:. wing the Hennepin County Contract. Motion, Ayes (5), Nays (0). MINUTES OF THE REGULAR COUNCIL MEETING HELD AUGUST 27, 1984. PAGE 16 RESOLUTION NO. 1665 ABSENTEE VOTING* Councilmember Hammerel moved, Councilmember Frahm seconded, to approve Resolution No. 1665,A Resolution M';minating the Absentee Voting Precinct in the City Hall known as Precinct No. 5. Motion, Ayes ( 5) , Nays (0). PAUL SMITH* Councilmember Hammerel moved, Councilmember Frahm seconded, to call for a public hearing on September 10, 1984 at 8:00 p.m. for condemnation proceedings. Motion, Ayes (5), Nays (0). RESOLUTION NO. 1666* Councilmember Hammerel moved, Councilmember Frahm seconded, to approve Resolution #1666, A resolution order J,ig i:eprarationof a sewer and water feasibility report for 2477 Dunwoody Avenue. Motion, Ayes (5), Nays (6). RESOLUTION NO. 1667* Councilmember Hammerel moved, Councilmember Frahm seconded, to approve Resolution 81667, A Resolution receiving report and calling :or a public hearing on tho Dunwoody Avenue sanitary sewer and watermain extension project. Motion, Ayes (5), Nays (0). RESOLUTION NO. 1668 CALLING FOR PUBLIC HEARING FOR CRYSTAL BAY SANITARY SEWER* BTD AWhRD SEWER DEPT GA"..Gr * JULY, 1984 LIQUOR STORE REPORT* Councilmember Hammerel moved, Councilmember Frahm seconded, to approve Resolution #1668, A Resolution calling for a public hearing to consider the construction of sanitary sewer in the Crystal Bay Area set for September 2'4, 1984 at 8:00 p.m. Motion, Ayes (5), Nays (0). CounciImem. .ammerel moved, Councilmember Frahm seconded, to rd the bid for the construction of garage to Don A.lhlstrom in the amount of $28,21.5.00. Motion, Ayes (5), Nays (0). Councilmember iiammerel moved, Councilmember Frahm seconded, to approve the July, 1984, liquor store report prepared by Finance Director Kuehn. Motion, Ayes (5), Nays (0). LETTER FROM MINNETRISTA* Councilrr.ember Hanunerel moved, Councilmember Frahm seconded, to approve Minnetrista �1a.•,.. Clevenger's letter to Orono concerning Site M in ra % etrista as a potential landfill. Motion, Ayes (,i Nays (0). MINUTES OF THE REGULAR COUNCIL MEETING HELD AUGUST 27, 1984. PAGE 17 RESOLUTION NO. 1669 JOINT COOPERATION AGREEMENT CDBG* Councilmember Hammerel move6, Councilmember Frahm seconded, to approve Resolution #1669, A Resolution approving a joint cooperation agreement for participation in Community Development Block Grant Program (CDBG). Motion, Ayes (5), Nays (0). TEMPORARY EMPLOYMENT GOLF COURSE* Councilmember Hammerel moved, Councilmember Frahm seconded, to approve the temporary employment of Erik Selstad at an hourly rate of $3.35 effective September 4, 1984. Motion, Ayes (5), Nays (0). LETTER TO NAVARRE RETAIL ASSOC* Councilmember Hammerel moved Councilmember Frahm seconded, to approve City Administrator Benson's letter to the Navarre Retail Association. Motion, Ayes (5), Nays (0). LETTER TO SCHOENElIAN 6 RAMBERG - RE: CHASKA MARINA* Councilmember Hammerel moved, Councilmember Frahm seconded, to approve City Administrator Benson's letter to Marcia Schoeneman and Sandra Ramberg cone�=ina the fence at Chaska Marina. Motion, Ayes (5), Nays (0). LETTER TO BIG ISLAND VETERANS CAMP - JERRY DONLIN* Councilmember Hammerel moved, Councilmember Frahm seconded, to approve Building Official Jacobs' letter to Big Island noted fire code violations. Mot -ion, Ayes (5), Nays (0). LETTER TO METRO COUNCIL RE: MAPLE PLAIN INTERCEPTOR* Councilmember Hammerel moved, Councilmember Frahm seconded, to approve City Administrator Benson's letter to the Metro Counci 1 concerning the Maple Plain Interceptor. Motion, Ayes (5), Nays (0). CITY ATTORNEY'S REPORT City Attorney Malkerson had nothing to report. LICENSES* Councilmember Hammerel moved, Councilmember Frahm seconded, to approve the following licenses: Art Center - One Day setup liquor permit Eberhardt Realty - One day setup beer license Motion, Ayes (5), Nays (0). BJLLS* Councilmember Hammerel moved, CounciImeerber Frahm seconded, that the All Funds Account& and Liquor Store Accounts be paid. Motion, Ayes (c.), Nays (CI). MINUTES OF THE kEGULAR COUNCIL MEETING HELD AUGUST 27, 1984. PAGE to ADJOURNMENT 11:0 PM Councilmember Grabek moved, CoL,ncilmember Frahm seconded, to adjourn the regular Council meeting at 11:09 PM. Motion, Ayes (5), Nays (0). ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor �'Jl_iNCT PAI—: SPECIAL COUNCIL MEETING AUGUST 22, 1984 A special Council. meeting held at the Art Canter of Minnesota, was called to order by Mayor Butler at 7:40 p.m., August 22, 1984. Mayor Butler introduced the following persons: Bob Searles former Mayor of Orono and former member of the State Legislatui•2, Brad Van Nest former Mayor of Orono, current Councilmembers James Grabek, Tom Frahm, Tim Adams, and John Hammerel, also Don Monk Hennepin County Assessor and Lou Oberhauser former Major of Orono and Dorothy Hallin City Clerk. Also present were State Aespresentative John Burger, Cnairman of the Orono Planning Commission Diann Goetten, Planning Commission member Ed Callahan and John Geri-ardson of the City staff. Mayor Butler stated the purpose of this meeting was, should the City of Orono cease contracting with Hennepin County doing its tax assessing and hire its own tax assessor. She told the audience we are here to get your input and maybe tonight we can vote on it. Mayor Butler asked if anyone in the audience had any questions. Tom Lowe asked what the County is charging the City of Orono for their services and if the cost is broken down by parcels. Mayor Butler stated that the current contract with Hennepin County is a 4 year contract and the cost is $42,000 per year. We have roughly 4,000 parcels within the City which would be around $10.00 per parcel. She stated we have one bid for assessing services to the City by a private individual who is an accredited assessor for $39,703 with about $1,000 worth of administration costs billed back to the City. This proposal is for a one year contract with no discussion as to costs for future years. Mayor Butler stated that contracting with Hennepin County we have had the full service of the County Assessor's office and their computer proorams, computer time, and man power to do the actual field work. The proposal indicates that, he gets some of his information and computer time from Hennepin County. He has two assistants working with him. Councilmember Grabek stated that the history of the assessing matter shouid be reviewed to help the citizens and the Counci 1 arrive at a decision. Former Mayor Brad Van Nest stated that he was the Mayor when the City decided to gu to the County for assessing services. He stated that when Oberhauser and Searles were Mayor the City had an assessing district which was a joint powers agreement between Minnetrista, Spring Park, Orono and Minnetonka Beaci,. We had 2 assessors who had offices in one of the other cities until Orono moved into its present building. It was effective and did a good job. We had continuity of people doing our assessing. They became familiar with City policy they Knew the land and 0— people. TheCity of Spring Park decided tnat page l they wanted to drop out of the district and they went to the County for assessing services. The West Hennepin District disbanded at that time. The OronoCounciIdecidedthatOronowanted their own assessor. We hired the assistant assessor of the West Hennepin District in late summer. In the fall of that year he resigned as Orono assessor to accept an assessor's job in another city. Being so late in the assessing year the Council Noted to sign a contract with Hennepin County. We signed a 4 year contract with the understanding that we could break the contract after one year. During the first year the County increased the lakeshore property. It was at this time I discovered that we had nothing to say about who war, doing our assessing and Orono had given up all control. At the conclusion of that year the Council was truly unhappy with Hennepin County. We tried to break the contract and were told that we could not break the contract. At the end of the next year we passed a resolution stating that at the end of the 3rd year we wanted to advertise and have an assessor on staff to be ready and work with the County with that last year so that at the end of our 4 year contract we would be ready to go with our own assessor. That has never happened. I would like to give you my view of the situation. Picking your own assessor, whether it be an independent contract or by hiring your own employee, is one of the very few powers a City has left. Th6t is very important to me because we have such unusual property here we want to rave continuity of an assessor. Don Monk stated that Milt Hilk, Chief Appraiser, has been very closely associated with the community and the appraiser that has worked in Orono has not changed over the 4 year perio6. It is true that Orono is very complex and it is important that those consistencies be maintained and that we know a lot about your ccmmunity. It is for that reason that we have not changed our staff. Councilmember Grabek stated because we have our own assessor does not mean that we can go below a certain level of taxation in our area. If we do go below a certain level of taxation the county then has the right to step in and reassess what has already been done. In other words just because we have our own assessor does not mean that everyone's taxes will go down or they won't go up as fast Donk Monk stated Orono has a median assessment ratio of 94.5 and a mean of 93.2 and the coefficient of dispersion, which is an equalization measurement, of 8.3%. The lower the percentage the tighter theclustering of your equalization within the City. When we entered into the contract with Orono the coefficient of dispersion in the City was 16%, we brought it down to 8% in the very first year. Bill Sime stated to Don Monk, that he had sales ratios from the investigative staff of John Burgers office and the State of Minnesota. They are the 1983 Gales ratio studies, sales analysis for Minnesota tax court, county wide ratios by property type, based on sales f rom January 1983 through September 1983. 1983 sales are compared to 1983 market values. These differ a great deal from what you have just given us. Don Mont stated that Mr. Sime's information was not correct since ►`e was mixing the years of statistical information. The statics I pdge 2 gave you are for the current year 1984, they are the most current available anywhere. Ed Callahan asked what control the City had over a local assessor as opposed to the County doing the assessing work. Mayor Butler stated that we do not have control over the personality, when the County does the work we may not nave the consistency of the same individual looking at all of the parcels. Although, Monk stated that we have had the same person throughout the 4 year contract. Daniel Regan asked if creative financing, which over inflates the market value, is taken into consideration in the sales ratio studies. Don Monk stated that the sales are carefully analyzed. Property purchased on Contract for Deed, even though they may not be recorded, must show the Contract for Deed when applying for homestead so we get the information anyway. Councilmember Frahm stated that whether Hennepin County assesses the property or our own assessor assesses the property Hennepin County looks at its number the way it generates them and if we don't match their numbers they have the ability to come in and adjust our assessments whether they did the assessment or we did the assessment. They have the final say. Former Mayor Bob Searles stated a single assessor working by himself does have more of a probl, m in a growing community like Orono. The contractor who has proposed a bid already has experience i.) other communities and is already providing services to others. When we first went to the West Hennepin Assessment District it was to try to go the middle of the road. Counci'_member Grabek stated that he did not want the citizens of Orono t( qet the misconception of the word control of our own assessor. It shouldn't :Wean that if you feel that you've been wronged with the assessment for that speci f is year that you have any more control over that assessor individually than you would have now. But the advantages that Mr. Searles and Mr. Van Nest talk about is that, philosophically, a better understanding of the community would be easier to communicate to the assessor if he were our own. Please keep in mind that we have one individual that has offered us an alternative to the County but if we don't happen to choose that course and we get our own it will cost you and the citizens of Orono approximately $100, 000 instead of $39,000 or $40,000. We would have to hire our own assessor give him an office, i staff and pay his taxes and benefits. Mayor Butler stated that the $100,000 would be the first year cost. The cost of moving someone in and establishing off ice space and setting up the record keeping. The second year would bE that individual'y salary, staff salary plus benefits and administrative costs. Page 3 Counci lmember Grabek asked Monk if we went to our own assessor or contracted with someone could we acquire the computer information that 3s been generated by the County staff? Monk stated that all of that data is available to the City in hard copy form. All of the available data would be transfered. Former Mayor Lou Oberhauser stated that when he became Mayor there was a change in the law that said you had to have qualifies: assessors. Before that that the assessing was done by good Joe and whether he had any qualifications as an assessor was really immaterial. Wnen that came up we had to choose whether or not we should go with the County who had qual i f iPd assessors on staff or go our own way with our own qualified assessor. The question is never between the qualifications of the assessor because the assessors that work for Hennepin County are very well qualified. The assessor that we hired for the Assessing District had good qualifications. It really boiled down to the principal of government and the principal of Orono existing at all is that principal of local control. The best government is the government that is closest to the people and when we sat down and went through the process we felt that the existance of our village was based upon the principal that we keep the functions that the village can carry out, which are getting less and less, as close to home as possible. It aas basically based upon that principal that we decided to go with the West Hennepin Assessing District, which I think was a good decision both on a principal basis and also based upon the results that we received. One of the things that happened when the County took over was the fact that Don Monk mentioned, there was 16% differencial, now we are down to 8%. I think that it really boils down to not so much the monetary consideration, as really principal of government. That is the best government although it may be more expensive individually to the citizens, is that government that is closest to the people and that is to have your own local assessor. Gentleman from audience asked, is there any comment either from the audience or the Council about the level of service, r-sponse to complaints, response to citizens questions at thL County? Are citizens and Council satisfied with the services they are getting from the County? Mayor But stated that she had not personally received any riticisms of the ("ounty or their staff. Kenton Carlson stated the bottom line is, within the community are properties being assessed fairly and is Orono as a community being assessed fairly compared to other communities. Counci lmember Grabek asked Monk would the City of Orono lose if we make a decision to hire our own assessor this year and evaluate the program this year and watch it, monitor it and make the choice as the next year come 7 up whether we continue the contract with this assessor or another assessor or decide to go with the County. What do we as a City have to lose it) your opinion? page 4 Don Monk stated that the City of Orono would not lose. He stated that Orono has a decision to make. He stated the purpose of his being at the meeting was only to ask the Council for a decision on the future of Orono's assessing work. He stated yes, that will work you, can do something like that. George Grooms stated that he was aware of a petition that had been circulated throughout the City and questioned what had become of this petition. Bill Sime stated he had the petitions that had been returned to him. He also stated that he had contacted several communities that had their own assessor, he read several letters that stated that the communities felt their citizens were more comfortable with a local assessor and that the work was being reviewed by Hennepin County, therefore there were checks and balances. He read the petition to the Council and presented the petitions to Mayor Butler. State Respresentative Burger stated that there is a tax c-:7,nission working now to make recommendations regarding the whole tax structure in the State of Minnesota. Out of this tax commission are going to come recommendations, some of them affecting the property tax. When you have your own tax assessor you can take advantage quicker and on a more personalized way of changes that may come at the state level, as far as property taxes are concerned. Councilmember Adams stated the County has done a very good Sob over the past 4 years and the Council appreciates the comments of the citizens. Councilmember Grabek moved, seconded by Councilmember Adams not to renew the contract with Hennepin County, staff to immediately persue hiring an assessor on a contract basis, within our legal time limit subject to approval by the Council. Motion, Ayes 5, Nays 0. Bill Sime stated that the City Attorney should check and see how long the City can be without an assessor before the County Auditer appoints one for the City. City Attorney Malkerson stated that there may be an automatic extension provision on the current contract, we may be under a four year contract already, but let's assume we are not. CouncilmemberHammerel moved, seconded by Counci lmember Adams to adjourn at 9:40 p.m. Motion, 5 Ayes, 0 ways. Mary C. Sutler, Mayor ATTEST: Dorothy M. Hallin, City Clerk page 5 Planning Commission. Council PUBLIC ATTENDANCE CITY OF ORONO Sin/gc MEETING DATE • pn� PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NME AA- NUMBER NAME (please print) ADDRESS PRS ENT-QA-(ffi*eM-Uganda) �` 'C `—' , /%o . _1 3 air �= . /��! l �' f'�— '' 1 C i9 r�171%/'c.� 5. � i .Z . ? /c:, S4 6. 1 8. 9.(10' 41 1 0. 1 /16:w X- 4 -f I i r k'l o, t; l5. i LV c boc-1. LA l 6 � l7. 18.. c 19. 10. r % ' ) ' page 6 7 3 7 l i Planning Commission PUBLIC ATTENDANCE CITY OF ORONO Council 5'AEr,094, MEETING DATE ' "-W PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please pr�pt ) ADDRESS l . `+: ^' �• ems. �� :.: _ o• .+' i `� .,� ��•. ,vim ' d u Iwo2 5. �r a 7 �l' 1 1 �'ZJ •� � i � s� C �s/c.�. /�/ . 9. 0. 1. 2. 3. 4. 5. 6. 7. S. 9. 0. we the undersigned residents of Orono, being of voting age, do hereby / respectfully request our City Council to contract with a licensed assessing service for the tax parcels in Orono other than the Hennepin County County Assessor for the following reasons: 1. .fie strongly feel a smaller, more local type assessing service will give us more personal and much more courteous attention. 2. An asessing service concentrating on our community will be better informed on the philosophies and goals of Orono which impact on our property values. 3. we are convinced that we can qet a better quality of assessing through a service that is more local in character. A. The surrounding communities who have left Hennepin County have found it less expensive; but we would prefer an alternative to the Hennepin County Assessor even at a higher price. This petition has been sinned between Auaust 13th anti 22nd_ Icae NAME ADDRESS ter' � �A-/ 9/s" i�-,1:.-�: pr�r • r' •. �( /Y.i ,� /5 FCrrgf ,( r i .� � ��-.-. yfr� f�:♦.� r _.ice,.- r r / it IV /7� !1 `► C d We the undersigned residents of Orono, being of voting age, do hereby !3 respectfully request our City Council to contract with a. licensed assessing service for the tax parcels in Orono other than the Hennepin County County Assessor for the following reasons: 1. We strongly feel a smaller, more local type assessing service will give us more personal and much more courteous attention. 2. An asessing service concentrating on our community will be better informed on the philosophies and goals of Orono which impact on our property values. 3. we are c;cn%rtn:e3 that we can get a better quality of assessing through a service that is more local in character. 4. The surrounding communities who have left Hennepin County have found it less expensive; but we would prefer an alternative to the Hennepin County Assessor even at a higher price. This petition his been signed between Auaust 13th and 22nd- 19RA ADDRESS Z�GU �30, 1 '(a. - ` r + _ �� c1k 1f) We till, umh•+ c lym-d ri's hh-W.s ill Eli Unu, 1,v lnq of votirtgl age, do hereby reslucctiully request our City Council to contract with a licensed assessing service for the tax parcels in Orono other than the Hennepin County County Assessor for the following reasons: 1. Ile strongly feel a smaller, more local type assessing service will give us more personal and much more courteous attention. 2. An asessing service concentrating on our community will be better Informed on the philosophies and goals of Orono which impact on our property values. 3. we are convinced that we can qet a better quality of assessing through a service that is more local in character. 4. The surrounding communities who have left Ilnnnepin County have found it less expensivel but we would prefer an alternative to the Hennepin County Assessor even at a higher price, This Petition has been sianiad hptwppn Anm,et 11*h ...A 1n0A NAME ADDRESS Iv ec 71.�'. 1 1 -Ulf , r• J ,. Cr� c i , r\�it ' 7- , t r A► -fir I We Lite undersigned restident:!; nl In+in(I Of voting erye, Flo hereby regpectfully request our City Council to contract with a licensed 'S assessing service for the tax parcels in Orono other than the Hennepin County County Assessor for the following reasons: 1. lie strongly feel a smaller, more local type assessing service will give us more personal and much more courteous attention. 2. An asessing service concentrating on our community will be better informed on the philosophies and goals of Orono which impact on our property values. 3. we are convinced that we can qet a better quality of assessing through a service that is more local in character. 4. The surrounding communities who have left Hennepin County have found it less expensivei but we would prefer an alternative to the Hennepin County Assessor even at a higher price. T. _Petition has been signed between August 13th and 22nd, 1984 NAME I AnnRRCC 1.c ,• Vj r Az I _► y. .�-, , . , • N' . r. uCIL y y ._ � , '"' �' . L. i /C ' l -71 IFL r we the undersigned renidentn of Oroiio, being of voting age, do herrhy respectfully request our City Council to contract with a licensed assessing service for the tax parcels in Orono other than the Hennepin County County Assessor for the following reasons: 1. We strongly feel a smaller, Inge local type assessing service will give us more personal and much more courteous attention. 2. An asessing service concentrating on our community will be better informed on the philosophies and goals of Orono which impact on our property values. 3. we are convinced that we can get a better quality of assess, -.through a service that is more local in character. 4. The surrounding communities who have left Hennepin County hay, i found it less expensive; but we would prefer an alternative to the Hennepin County Assessor even at a higher price. This_petition has been signed between August 13th and 22nc1, 1984 NAME ADDRESS l' n a -31 5` S tip/ t �i 3f8 S N o, 2. AA AAo �_ k &4-1> i O .+wow Z s iskA s�- s LA < < •, .� uISO- 2— , 1 /C /ikL'f - Ll r, unu. (n• r n l ul vul.tnn rule, du u•r clr t"r•r t our Cit Clluncil to contract with a licensed , assessing service for the tax parcels in Orono other than the Hennepin County County Assessor for the followinq reasons: 1. Ile strongly feel a smaller, m�jre local type assessing service will give us more personal and much more courteous attention. 2. An asessing service concentrating on our community will be bette- informed on the philosophies and goals of Orono which impact on our property valu S. 3. we are convinced that — can qet a better quality of assessing through a service that is more local in character. 4. The surrounding communities who have left Iennepin County }jive found it less pensive: but we would prefer an Alternative to the Hennepin County Assessor even at a higher price. NA14F, This petition has been signed between August 13th and 22nd, 19A4 ADDRESS -.e S�• Fyn o f v - _ .z7i0 �.fw •.ree� �' ' ��-. �1 -- %....-. MA 4111DA w VC', _ yJ 1 _ �--- 0; - 6 or -----.- =--�1_ _ — re N c---- --- - - ---- a..W ddo S�rs S9 r y MINNEHAHA CREEK WATERSHED DISTRICT UK rINN[►ONII� c w �y(IrSHO Suurouy P.O. Box 387, Wayzata, Minnesota 55391 mlaotsoy..rrc. BOARD of MANAGERS Oand N Cochrar: errs. .AILerl I Lehman .Jchr E Thomas, MrChael H Carroll .Camille D Andre •James 9 McWelhy •James R Spensley SPECIAL MEETING NOTICE A spec;.al meeting of the Board of Managers of the Minne:iaha Creek Watershed District will be held on Thursday, September 6, 1984, commencing at 5:00 p.m. at the St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Pork, Minnesota. The p,,rpose of the meeting is to conduct a work session of the Managers o prepare line items for the proposed 1985 District budgets. The work session will be devoted to Board and ,staff discussion of the proposed budgets. A public hearing on the proposed budgets will be held September 20, 1984, at the St. Louis Park City Hall, commencing at 7:30 p.m. Persons having comments or questions regarding the District's proposed budgets are L:rged to attend the public hearing on September 20, . h,�. Dated: August 31, 1984 3013n r,E7 1. J CITY Of � : � LAKE : Dl.'.)i RICT 14 . L.M.C.D. MEETING SCHEDULE September 1984 Saturday 9-15-84 Wat•.,,• Structures 6 Environment Committee 7:3U a.m., J.J. Hill's Ironhorse Inn, Wayzata Monday 9-17-84 Lake Use Committee 4:30 p.m., 'MCP Office, Wayzata Saturday 9-22-84 Executive Committee 7:30 a.m., Park Bench Eatery, Spring Park Wedncsday 9-26-84 Regular Meeting, Coard of Directors 7:30 p.m., Tonka Bay Village Hall 4901 Manitou Road (County Road 19) COl1i! ��L ��'►Tl/�f'! -,-84 i io: W.R. Benson, City Administrator Orono Council Members From: Jeanne A. Mabusth, Zoning Administrator Date: September 5, 1984 Subject: #820 Lonie Fisk 493 Pars Avenue Variance Council Review - 7:00 p.m. The attorneys have confirmed that they will be able to attend your September loth meeting. Please advise staff if any member needs copies from previous packets involving ;:he Fisk application or if additional information is requested to complete the rL:view. Council Action - No forn." action will be taken on the application. Council must give conceptual directi3n to staff to draft a resolution of denial or approval. CI " AG CITY OF CFOi%,Io ZONING FILE. NO 82C ,^.ITY OF ORONO NO" CE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice -------------------------------------------------------------------------- TO. Lonie Fisk COPIES TO: Robert Hoffman 723 Water Street Garth Coller1500 Northwestern Fin Apt 7900 Xerxes avenue South Excelsior, or, MN 55331 Minneapolis, MN 55431 --------------------------------------------------------------------------- TYPE OF APPLICATION: X_ Variance Conditional Use Permit Subdivision Other -------------------------------------------------------------------------- Date of Meeting: Vote: 4 For Against COUNCIL ACTION - MOTION: To table your application until the meeting of September 10, 1984. We have confirmation that both the City Attorney and your attorneys will be able to attend the meeting. ---------------------------------------------------------------------------- Deadline Date For submittal of new information (application may be considered formally withdrawn if information or explanation is not provided.) For Work Permit _J For work to began For work to be application completed WORK PERMITS ARE REQUIRED - contact Building Inspector before beginning work. VARIANCE APPROVAL is li:i,it.ez! to the extent shown cn approved plans. Do not change plans. Variance aut`.,rity expires one year after approval. CONDITIONAL USE APPROVA:, expires upon change_ of ownership or use, or on deadline date sp--ified -.bove. PRELIMINARY SUBG 'SION APPROVAL - Applicant_ must provide all information and/or improven,,.its required for final approval. Contact Zoning Administrator. FINAL SUBDIVISION APPROVAL - Applicant must have drawings, resolution and all other required documents recorded, with certification of such recording returned to the City by deadline date. If you desire certified copies of the officitl Co�:ncil minutes, they are available from the City Reccrder or City Clerk after :-_view and approval by the City Council. TO: Orono Councilmembers FROM: Jeanne A. Mabusth, Zoning Administrator DATE: September 7, 1984 SUBJECT: #830 William Smiley, 2720 Pheasant Road - Final Subdivision - Resolution Mr. Smiley has fulfilled all conditions of preliminary subdivision approval. I have included the lot aroa and lot width variance approval for Lot 2 with the subdivision resolution. The Smiley lots are registered or torrens properly; the Registrar of Titles will not accept a resolution approving a variance. Staff recommends approval of the lot line rearrangement plat of Yale Smiley Addition and a lot area -lot width variance for Lot 2 subject to the finding- and conditions set forth in the enclosed resolution. rEP 1 �; City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING THE PLAT OF A LOT LINE REARRANGEMENT KNOWN AS YALE SMILEY ADDITION 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, econom:, and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision plat. by William Yale Smiley, the subdivider; and WHEREAS, the subdivision will adjust the shared lot line between Lots 1 and 2 so that the existing residence on Lot 1 meets the required setback of 10 feet; and WHEREAS, the City Council has approved permanent variances for Lot 2 approving a lot area of 26, 342.5 sf instead of the required 43,560 sf and a lot width of 100 feet instead of the required 140 feet based on the following findings: 1. The area and lot width of Lot 2 are consistent with the surrounding developed lots of the Pheasant Lawn neighborhood. 2. Sewer and Water are available to Lot 2. 3. The lots have been taxed separately since pur�:hased by the subdivider. 4. There is no available undeveloped land to combine with Lot 2. WHEREAS, the subdivision will provide adequate buildiig envelopes so that each lot is of a size and configuration that will allow its use as a single family residence without the need of any variances. The City Council will approve no variances for future construction for Lots 1 and 2. WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Dedication on the plat of drainage and utility easements. 2. Payment to the City of a park dedication fee in the amount of $440.00 City of ORONO RESO' UTiON OF TIHE CITY COUNCIL NO. 3. Payment to the City for the legal review and fiIing of the plat and all documents related thereto in the amount of $75.0C. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Yale Sm ley Addition, Hennepin County, Minnesota, subject to the fallowing condition.: 1. Tre owner of Lot 2 must pay a sewer unit charge of $1, 345.00 at the time the building permit is issued for the new residence. 2. Owner of Lot 2 must grant a utility easement in favor of Lot 1 for sewer lines that intersect I of 2 and service Lot 1. J. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's office on or before March 10, 1985, together with a certified original copy of this Resolution. 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 subCivision review. Dated this loth day of September, i984. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. Payment tothe City for the legal review and filing of the plat and all documents related thereto in the amount of $75.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Yale Smiley Addition, Hennepin County, Minnesota, subject to the following conditions: 1. The owner of Lot 2 must pay a Fewei unit charge of $1,345.00 at the time the building permi-,: is issued for the new residence. 2. Owner of Lot 2 must grant a utility easement in favor of Lot 1 for sewer lines that intersect Lot 2 and service Lot 1. 3. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's of f ice on or before March 10, 1985, together with a certif ied original copy of this Resolution. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Dated this loth day of September, 1984. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor YALE SMILEY ADDITION / PA 90 �r� N -dOW0 le; -, � M =W� .� - • W 11� �i• � � �I� • rr affii- --. . r-. .� -tip. .w�. . •� - . � � � w— � ww _ .� �� mow. jL . i�Ti. •.iJ � aL ��fii1..► lr.i—. �.—� .�•. ram- tweOn A (WTN Co. K r wr. moorary -- — �j To: W.R. Benson, City Administrator Orono Council Members From: Jeanne A. Mabusth, Zoning Administrator Date: September 6, 1984 Subject: #739 Edward T. Lehman 3525 Shoreline Drive, 2440, 2450, 2470 Carman Street Final Subdivision - Resolution As the enclosed resolution notes, Mr. Lehman has completed the required sew—ing project now serving his residence on lot 5. tie ha fulfilled all of the other conditions of preliminary proval. Staff recommends approval of the plat Lehma Lagoon subject to the findinos and conditions set forth i the enclosed resolutions. Cori%,1rsi. r4- r-rIP,• c; ) tL ,:: Vity of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING THE PLAT OF A LOT LINE REARRANGEMENT KNOWN AS LEHMAN LAGOON WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council. of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision plat by Edward T. Lehman, the subdivides; and WHEREAS, the subdivision of a lot line rearrangement has created lots with more feasible building envelopes reducing the number of potential building sites from 7 lots to 5 lots; and WHEREAS, the City has grant-6 permanent setback variances for Lots 3 and 4, Block 1, Lehman Lagoon as follows: 1. Lot 3 granted permanent street setback of 20 feet. 2. Lot 4 granted permanent street setback of 20 feet. 3. Lot 4 granted permanent lakeshore/lagoon setback of 50 feet; and WHEREAS, the City will grant no future variances except the ones specifically noted above finding that each lot is of a size and configuration that will allow its use as s single family residence to be located without the need of any setback •variances; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Dedication on the plat of drainage and utility easements. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2. Dedication to the City by quit claim deed of Outlot A dedicating the lagoon for public use as part of the public waters of Lake Minnetonka. 3. Completed construction of a sewer line that serves Lot 5, Lehman Lagoon and two properties to the east of said lot and has provided the City wi`h a permanent utility easement, dedicated on the pl.t, over that portion of the proposed system owned by the City. 4. Fayment to the Lit} for the legal review and recording of the plat and a: 1 documents related tiiereto in the amount of $75.00. NOW, THEREFORE, BE IT RESOLVED, that the City Counci of the City of Oronc hereby approves the plat of Lehman Lagoon, Hennepin County, Minnesota, subject to the following conditions: 1. Lots 2 and 3 are to share use of a single dock located on Outl.ot B; each lot is permitted one slip at shared dock. 2. Prior to the issuance of a building permit to Lot 1, the existing driveway serving Lot 2 must be closed and relocated off Carman Street. The City must approve the locAtion of the access and the driveway to assure Lot 1's building envelope is not restricted. 3. The aforesaid plat shall be filed by 0.c City of Orono with the Hennepin County Recorder's ..s"rice on or before March 10, 1985, .ogether with a certified original copy of this Resolution and executed copies of the documents noted above. The approval grantcd by this Resolutions shall expire if the plat has not been filed by the crate specified above. In that event, it will be necessary to file a new appli.c-4t:on with the City of Orono for subOivision review. Dated this loth day of September, 1984. ATTEST: Do.-othy M. Hallin, City Clerk Mary C. Butler, Mayor City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2. Dedication to the City by quit claim deed of Outlot A dedicating the lagoon for public use as part of the public waters of Lake Minnetonka. 3. Completed construction of a sewer line that serves Lot 5, Lehman Lagoon and two properties to the east of said lot and has provided the City with a permanent utility easement, dedicated on the plat, over that portion of the proposed system owned by the City. 4. Payment to the City for the legal review and recording of the plat and al 1 documents related thereto in the amount of $75.00. NOW, THEREFORE, BE IT RESOLVED, that the City Counci of the City of Orono hereby approves the plat of Lehman Lagoon, Hennepin County, Minnesota, subject to the following conditions: 1 . Lots 2 and 3 are to share use of a single dock located on Outlot B; each lot i5: T.,ermitted one slip at shared do,-'- . 2. Prior to the issuance of a building permit to Lot 1, the existing driveway serving Lot 2 must be closed and relocated off Carman Street. The City must approve the location of the access and the driveway to assure Lot 1's building envelope is not restricted. 3. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's of f ice on or befc•re March 10, 1985, t :tether with a certified original copy of this Resolution and executed copies of the documents noted above. The approval granted by this Resolution shall t e if the plat has not been filed by the date specified above. In ti ent, it. will be necessary to file a new application with the City a. .)no for subdivision review. Dated this loth day of September, 'QQ4. ATTEST: porott,y M. Hallin, City Clerk Nary C. Bu,ier, Mayor LEHMAN LAGOON Y IY r.tMYr�IrrAM r rMMrYry..Yr � Y..W Yr ri• • W .lIMV.r, . rlrY . yr�rw w rr ��„�: [ •fir ..r sY M 4 y) t .I M • � r O i wr.•....rr •.. •r... .I .. �f t r r4 so6 rK. • f I-. aoRoo[[ R corr,w co. jo.c ' hr•r. r iFr 4 .. .aw. . r • ,I x:. • I �1 t1•tr. �• -_ �rrr r To: city Council From: Michael P. Gaffron, Assistant Zoning Administiator Date: September 6, 1964 Subje. #845 Alan McDowell, 905 Ferndale Road West - Conditional Use Permit Zoning Dis'- irt - LR-lA - 2 acre Applicat ;_,st apartment in principal structure (Zoning Section 10.23, Subdivision 4 (A) List of E: Exhibit A - Application Exhibit B - Construction Plan Exhibit C - flat Map Exhibit D - Property Owners List Exhibit E - Survey Exhibit F - Planning Commission Minutes, 8/20/84 The applicant appeared Yefore you this spring for a variance to a lakeshore setback, which was granted by Council in March. The applicant is requesting to be allowed to construct a guest apartment. with kitchen and bath facilities and a separate outs_ entrance in addition to an entrance to the maims house. This is prc.pose_4 to be cc,nstructed above the garaq, verl w. th the previous application. The prnFerty + sewc.�.l in 11`'I; the hoL.se is connected. In this 2 acre ?caning district, the second residential unit wcald require an additional 2 acres of dry buildable land and 200' lot width. have calculated the dry buildable lot area as about 2.95 acres An additional 1.7 acres across West Ferndale Road is owned by l;e applicant. 1-�- piece of property is rros*.ly wetland, not buildable, and was purchase.-s by ai.plicar.t aS -:3111 L of the main :ot, altl.cu(;h ? are s^parated by the road and have separate _x statemer The applicant's representative, John C )ok, noted st. August 20, 1984 Planning Commassi,.n meetin., that a care,ter apartment h4C ex bted in the house prior tc the remod'ing/ reconstruction, and t! 4t was merely bein.-3 moved t tipper floor from its previous tion. City Council September 6, 1984 Page 2 In a split vote, Planning Commission recommended approval of the guest unit (See Exhibit F) based on the following findings: 1. A aretaker apartment previously existed in the basement of the household. 2. The applicant owns a nearby lot which is mostly wetlands and since this is a sewered property, credit shop:-.; be given for the wetlands. 3. Applicant's hardship is that the wetlands property .:s separated from the main lot by the road. 4. Most of the surrounding lots are substandard. 5. The caretaker apartment is consistant with the surrounding neighborhood. Based on Planning Commission's recommendation a resolution of approval. is attached. „-, �'' GENERAL LAND USE APPLICATIONCITY OF ORUNO Pi--- ----- --a _;p 0 PROPERTY LOCATION /4 �� TO-dd is 9so sa . Go Site Address �C r* 1)p ( _ b -� _ &4( Property Identification Number (P.I.D. ) y4 0010 Please check one -- Is the property v' abstract or _ tor:ens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. -------------------------------------------------------------------------- APPLICANT Name /t ! im me (v1 c t L Phone 7 3 Mailing Address `1CtS �Jr. S rS144W-NuE lZ 10 --------------------------------------------------------------------------- OWNER Name i� l 1> 1:! �' ( (Wi-1 C Phone q -73 Mailing Address %7 PERW DAVE, VZ Date Property Acquired N(j� (month/year) I (do) (do not) also own the adjacent parcels of land. -------------------------------------------------------------------------- FEES - /Co tiowl Use Permits CID �C a) Residential Accessory Use $100.00 b) Institutional (church, school, etc) $100.00 c) Duplex Credit/Bldg d) Land Alteration (grading, filling) $150.00 e) Commercial/Industrial Use PRD/PID - see fee schedule Other Applications $200.00 Vacation $250.00 Rezoning $100.00 Appeals Other - see fee schedule ---------------------------- ------------------------------------------- (over) PRESENT USE OF PROPERTY Present 'Loping District Present Use of Property ✓ Residential Other (specify) -------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in details 62 E 4 t;s_.� i t E, 4c - I SS i Gvv —m Pt1 r Ki rr N mil,' /q,, _N U �, , - , ti 1-1 r i.0 )�,',_ T K'i- --------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' ( you can obtain this list from Hennepin County Department of Finance A-603Government Center 348-3271) 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. w.-"h iC-c_f, 5. Construction plans, if applicable.- Cw %PtLE W,Ri 6. Plat Map. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. -------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicar;t hereby acirees 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 certif ies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature — ��.il.. �l i' .(-L��.t`.� Date � ! t � 'c4 OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Cnuncil members for purposes of investigation and verification of this request. Owner's signatureAlDate yl r ��� --- - - — Applicant must. have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held onthethird Monday of each month. t 'I Iv 6 Sao It-,) PWw C.Pv.c- F.V%4p valro""ma, vw�wo ro PA^rc." $r~ srs" "aw 0--^ILOOA& eAvar.. oj"-A~ p".rAk. 00464"0 FA 40*4a. sfwdw • sr". 7w I lu = ! L, ' EMIK-A New *"Vm%p4vm Si i TAuG k Tr, i.4, fe-?Z IA T14 tit f; W. & I o W. 26 "-� ,,r = ` ry �` � a�� '\• � fir' , i c ( :_ UMCEVELOr— /�\\� �• i a 15 20 co r (ILi J v193� \ .0F v — — — s _ y.�t . �\ \ - 24 - — _ _ l a .2 der i 11 • it sccw♦ � 7_� ✓�j 1 `) O / R L S ,� � o ►or t of Lot f LCT 402 \ OT 96 Ll _ Kt. I 21 \ Is _ f ' LOT 107 1 — '� rr Q 2 t V ot Lm too• LOT — i c j '�N CITY OF ORONO _ TO �.r•• r..t 1,ws a La 1 s G5 OT 91 �� NV H sows Cates :ctes I LOT ' /�� NA4 eccsNlM"roowdN^. C�) $04`� LOT 100 OT N R M. 045 0 a k RUN DATE 07/09/84 BATCH 003 38 02-117-23 43 0002 PROP ADOR 01070 FERNOALE RD W OWNER NAME GOODRICH LOWRY ETAL TAXPAYER GOODRICH LOWRY NAME/ADDR 1070 W FERNDALE RD WAYZATA MN 55391 38 02-117-23 43 0005 PROP ADOR OWNER NAME HENRY M SKARP TAXPAYER HENRY M SKARP NAflE/ADDR 1045 W FERNDALE RD WAYZATA MN 55391 38 02-i17-23 44 0004 PROP ADOR OWNER NAME THE NATURE CONSERVANCY TAXPAYER THE NATURE CONSERVANCY NAME/ADDR 328 E HEtRIEPIN AVE MPLS MN 55414 36 02 117-25 44 0007 PROP ADOR 00885 FERNDALE RD W OWNER NAtIE MAURICE L MELAMEO ETAL TAXPAYER MAURICE L MELAMED NAME/ADOR 820 MIDWEST PLAZA MPLS M4 55402 30 02-117-23 4v 0010 PROP ADOR 00905 FERNDALE RD W OWNER NAHE ALAN S t..;DOWE L L TAXPAYER ALAN S MCDOWELL NAME/ADDR 905 FERNDALE RD W WAYZATA MH 5539) 38 02-117-23 44 0017 PROP ADOR 00960 FERHOALE F'D W OWt1ER NAME C i J FLOYD TAXPAYER DR i MRS (AlAkLES P FLCYD NAME/AODR 960 WFST FERttDAtF PD WAYZATA MNI 55? )I I HENNEPIN COUNTY PPUP'PTY INFORMATIUN SYSTEM PROPERTY UWNEPS LIST 38 02-117-23 43 0003 01070 FERNDALE RD W HEtIRY M SKARP HENRY M SKARP 1045 W FERNDALE RD WAYZATA MN 5�1391 38 02-117-23 43 0022 01055 FERNDALE RD W 000 K ROVICK ETAL ODD K PO✓ICK 1055 W FEPHDALE ROAD WAYZATA MH 55391 38 02-117-23 44 0005 WINSTOU R LIt1D6ERG WINTON R l TttDEERG 865 W FERNDALE RD WAYZATA HN 55391 38 02-117-23 44 0008 00005 FERNDALE RD W MAURICE L MELAMED ETAL MAURICE L MELAMED 820 MIDWEST PLAZA MPLS MH 5540,' 38 02-117-23 44 0013 THE NATURE CONSERVANCY TIIE NATURE CONSERVANCY 328 E IIE1411EPIN 4VE MPLS MN 55414 38 02-117-21 44 0019 00980 FER140ALE RD W C E ARENTZEN i C C ARENTZEN CARL A CATHERINE ARENTZEN 980 W FERNDALE RD ORONO MH 55191 REPORT NO. PI435401 PAGE 5 38 02-117-23 43 0004 GOODRICH LOWRY ETAL GOODRICH LOWRY 1070 W FERNDALE RD WAYZATA M:1 55391 38 02-117-23 43 0024 01045 FERNDALE RD W HENRY M SKARP HENRY M SKARP 1045 W FERNADALE RD WAYZATA MN 55391 38 02-117-23 44 0006 0006S FERNDALE RD W W111STON R LINDBERG WINSTON R LIttDDERG 865 W FERNIDALE RD WAYZATA MN 55191 38 02-117-23 44 0009 ALAN S MCDOWELL ALAI1 S MCD:`WELL 905 FERNDALE RD W WAYZATA Mll 55391 38 02-117-23 44 0014 MAURICE L MELAMED ETAL MAURICE L MELAMED 820 MIDWEST PLAZA MPLS MH 55402 99 C2-117-23 44 0001 00692 FERNDALE RD W 0 H AIA(ENY ETAL D H At1BEHY 6a2 W f FRt7DALE WA'iZATA MINN S5391 RLfH DATE 07/09/84 HEIRIEPIH COLRITY PROPERTY INFOPMATION SYSTEM REPORT NO. PI43S401 BATCH 003 PROPERTY OWNERS LISF PAGE 6 99 02-117-23 44 0002 PROP ADOR 00692 FERNDALE RD W NF,lER NAME D H ANKEIJY ETAL TAXPAYER D H AIM(ENY NAME/AODR 692 W FERNDALE WAYZATA MItRI 55391 TOTA . E TCH 003 00019 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AUD TRUE REPPESINTATION OF INFORHATIOM AS IT APPEARS THIS DATE ON THE RECORDS OF TIIE HEIRIEPIN COUNTY DEPARTMENT OF PROPERTY TAXATIOIJ, TO THE BEST OF MY KNOWLEDGE AND BELIEFF. \\ lL+ r � oArE ! � BY � 1.-- . 'I / 1 r � f- 0. Ro\0 �',,�,,�,��'','15A'1lNNFToNKA ex'a.c�Dii'1p w� AA4V1t'E r"c-e0lW .F 7s' L, GORDON R. COFFIN CO. , INC. E,'VGINEERS 8 LAND SURVEYORS pgoNTEO LONG LAKE, MINNESOTA ^ FE9 i yd, 9 r S N►.. �To . ; Amy MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 20, 1984. PAGE 2 1845 ALAN MCDOWELL 905 FERNDALE ROAD WEST CONDITIONAL USE PERMIT PUBLIC BEARING 7:53-7:54 I'M John Cook represented Alan McDowell. Assistant Zoning Administrator Gaffron noted the certificate of mailing and affidavit of publication. Gaffron noted that the dry buildable has been calculated to approximately 2.95 acres and in this zoning district he needs 4 acres to have 2 residential units on the property. Rovegno stated that pari of the lot is divided by a road and should be combined with the other lot. John Cook noted that the Frcviuus owner did have a caretaker's apartment in the basement before and that the proposed guest apartment is being moved above the garage. Kelley moved, Sime seco-ded, to approve the conditional use permit for Alan McDowell based on the following findings: 1. A caretaker apartment was existing in the basement of the household. 2. Hardship in that the two portions of lot are separated by a road. 3. The lot is sewered and there is a lot of wetlands on this property, hence some credit is in order. 4. Most of tie surrounding lots are substandard. 5. The caretaker apr.rtment is consistent with the surroundini neighborhood. Motion, Ayes (5), Nays (2). Minority Cif:n:on - Goetten stated that she was not in favor of 0— application because of the severe limitations of the lot, it is on l.akeshire, and he needs 4 acres. Goetten stated that this could be settin: a precedence. Minority Opinion -- Callahan stated that the lot is separated by the roar':. Callahan stated that this lot is all along the lakeshore. City- of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRP.NTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.23, SUED 4(A) - FILE #845 WHEREAS, Alan McDowell (hereinafter "applicant") is the owner of a property located at 905 west Ferndale Road and has made application to the City of Orono (hereafter "City") to permit construction and use of a caretaker/guest apartment at the property legally described as follows: Lots 108 and 109, Audit(.-rs Subd. No. 184 and Lot 13, North Shore Cottage Acres Lake Minnetonka; and Lot 107, Auditors Subd No. 184 (hereafter "property"). NOW, THEREFORE, BE IT RTSOLVED by the City Council of Orono, Minnesota: Findings 1. Thu application was reviewed as Zoning Fi.e No. 845. 2. The property is located in the LP -)A Single Family Lakeshore Residential Zoning District. 3. The property is connected to municipal sewer. 4. The property contains approximately 2.95 acres dry land on the south side of west Ferndale Road, and approximately 1 .7 acres of wetland on the north side of hest Ferndale Road, for a total acreage of approximately 4.65 acres, and a total lot width, including both sides of the road, of approximately 500 feet. 5. A caretaker apartment existedwithin, the basement of the house prior to its recuribtruction. 6. Because the property is sew --red, a wetland credit of up to 1. 7 acres may be granted, which wi 11 allow the 4 acre-400 foot lot width performance standards fo. 2 units to be met. 7. A majority of the nearby properties are substandard in lot area and lot width. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. N. The c-retaker apartment use is consistent. with th�r surrounding neighborhood. 9. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed land alteration on the health, safety and welfare of the community. 10. The City Council finds that granting Conditional Use Permit to allow the guest use of an attached apartment on the property will not be detrimental tc 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 the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Conclusions, Order and Conditions Based upon the above f indings, the Orono City Counci 1 hereby grants a conditional use permit to Alan McDowell for a guest apartment attached to the existing main house, subject to the following conditions: 1. The caretaker/guest apartment may not be renter: out. 2. Applicant must grant an open space easement to the City over the wetlands portion of the property north of West Ferndale Road (Lot 107). 3. No other variances are granted or permitted for this application. 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation cf the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this loth day of September, 1984. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Property Owner(s) Property Own('1(s Property owner(s) City of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF tiINNESOTA \) J c COUNTY OF HENNEPIN ) Or, this -__ day of __ t , 1994, before me a Notary Public within and "orsaid' County, personally appeared _ known to me to _ e� tFie person(s') �desci bed in and--ww executed the foregoing instruner,t, and acknov"p:+ged that he (they) executed the same as his (their) free act and creed. NOTARY pUBLfC— Y __ MY OMMISSION EXPIRES ________.-- S7A.TE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) On this day of , 1984, before me a Notary Public within and o�id County, personally appeared _ known to me to 5e he pxtrson(s) described�n and—aho executed the foregoing instrunen, , And,, acknowledged that he (they) executed the same as his (their) free act. and deed. MY �C?MMI�IO'N�XP�A� T TO: City Council E t' 1 - . 0 � �'''� From: Michael P. Gaffron (— i ,r, C)r ord%tO, Date: September G, 1984 Subject: 0847, Catharine Cray;,, 37(,U Watertown Road - CUP Zoning District - RR-1A, 5 - acre Application - Conditional Use Permit for a guest unit. attached to an existing house (Zonir.g Code Section 10.20 Subdivision 3 (G) ) L►st of Exhibits A - Application B - Fiat Map C - Sketch by Applicant D - Construction Plans E - ;'roperty Owner's List F - Septic Inspection Report G - Planning Comma ss1JL Minutes, 8/20/84 The applic.,iL is requesting to remodel an existing wing of the main house} on this property to create an apartment for her brother-in-law. This unit is 27' x 20' and was previously used as an attached dog kennela unit is proposed to contain its own kitchen and path. The i,)ase is the main structure on an 82.5 acre par. -el used mainly for pasture. This house is 600' from the: nearest. lot line. A second ,louse exists on the property near Watertown Road and has been historically a caretaker and ,'or rental house. This second house has its own well and septic system, and could be divided off from the rest of the property with no proi)lems. The proposed guest unit in tF-, main house should not have an app,:-eclable effect on the septic system. The existing septic system has been inspected and was found to be functioning correctly (See Exhibit F). The owner has been allowed to start the reffK)deling with restriction on the permit not allowing the installation of kitchen facilities, pending formal approval of a C.U.P. The standards set forth by the ordinance for "Caretaker Apartm.-nfs" require additional area to support an additional residential unit. This 62 acre parcel certainly meets this standard, Orono Planning Commission September 6, 1984 rage 2 Planning Commission reviewed this application on August 20,1984, and recommended approval of the conditional use permit, finding that all requirements for a separate guest house unit in the RR-lA zoning district were met, conditioned on approval of the existing septic system by staff, and stipulating that the unit could never be rented out. A resolution is attached. pop -w < -r AP' 1h i It W CITY OF ORONO INZOL GENERAL LAND USE APPLICATION # tm; ------------------------------------------------- -=---------------------- PROPERTY LOCATION Site Address 3760 Watertown F.oae. t:arle Flan. ah.5K359 Property Identification Number (P.I.D.) 32-118-21 31 0002 Please check one -- .Is the property abstract or torrens? (fnr Conditional Use Applications only Please attach legal description to application if not included on required survey. ---MrJA &ILUA-a?--11fi?.3--------------------------------------------------- APPLICANT Name Catharine Cram Phone 473-9668 Mailing Address 1760 Watertown Road, Maple Plain, AN. 55359 Name same z�3 above Phone _ Mailing Address Date Property Acquired Jan. 1965 (month/year) I (do) (do not) also own the adjacent parcels of land. -------------------------------------------------------------------------- FRZS - Conditional Use Permits $50.00 a) Residential Accessory Use $100.00 b) Institutional (church, school, etc) $100.00 c) Duplex Credit/Bldg d) Land Alteration (grading, filling) $150.00 e) Comercial/Industrial Use PRD/PID - see fee schedule Otber Applications $200.00 Vacation $250.00 Rezoning $100.00 Appeals Other - sea fee schedule -------------------------------------------------------------------------- (over) PRESENT USE OF PROPERTY Present Zoning District P _ 1A Homestead Present Use of Property grricultural Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in t-tail: The nroiect is to remodel a part of the e- ee ; _ Pi cn nr +i r_ nn.^hor r f Q +tfhr,5; -'Av Rnad and Watertown P.n%c . -------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603Government Center 348-3271) 3. Stamped, legal sized envelopes (M10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plans, if applicable. 6. Plat Map. -------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay allfees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature / Date j,; ; r OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorises reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. t Owner's signature � ��� * s... Date J,,ij 24,1984 ----------------------------------------=1 ------------------------------- 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. S.112 SEC. 32. T. //8, _ R. 23 Lif nfclElvED M L W 31 �a "� 42 .. aR w elrl+ an w w4w 41 �� 1 •� (,, MECEIVED r = h'a AN a �► ' O00 C/1V QAw At i ue, �aae Y I No ZW 3420 co S SSW r� O 44 IL It ^s,rn;R23 �3l� �� :I 4 14 it/A 7'0 IV A Kr-:L r Fj 40 'eta . - �` i- 1 r [ e•� . � dro , a ,y.. � :� a :�.,,} � •, !• • - — ---- - -- - ' - "r Zr 44 r \ -iiM j T' Wwj'i.'l;,' • .w.r ' y`.�"Cw a =' �;+'i'�. lam.+ , �� cz tT,;o "� Q ` •`".Y, j_- �-�e���r,�p� �e-.'.'�� � . �y, i.��.. r `Y�•.+! ` +r. -. .•��eY�'� •-�t[ r!'h'.'�"`yij:y'.�.r _ .� ,F . ' I yl[.. , . jyr, �� •v t'> :s w f l i ..� ��• � . ,� 4 .w,. • •t -t:' ^' •'.• '' i t �i�.'`t,'a'e t, C' vi!�. .'• • • `S. ��' :•� �•'►r1, •.i: ++r .�. 1 �( •. _ _ e�Jy.. w •• WOK.- '' ..w '• ! i. .•. _ �°T�' rar.-i�.i4�LY�,r__.-4t''•_•••.�.et}w.s7-.S&�!Y "i�!'��c.,. Y ._ _.�;�•:. 'tcw: •. RUN DATE 07/23/64 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 PROPERTY OWNERS LIST PAGE 6 BATCH 003 38 05-117-23 21 0002 PROP ADDR OWNER NAME JOHN BURGER ETAL TAXPAYER JOHN BURGER NAME/ADDR 3750 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 22 0004 PROP ADDR C'ntER NAME M G A S R FILBRAHDT TAXPAYER MICHAEL FILBRANOT NAME/ADDR 3% 0 BAYSIDE RD MAPLE PLAIN MH 55359 36 32-116-23 23 0006 PROP AOOR OWNER NAME STEPHEN 0 TOWLE TAXPAYER STEPHEN D TOWIE NAME/ADDR 13511 AVISTA DR TAMPA FLA 33624 38 32-118-23 31 0001 PROP ADOR 00385 STUBBS BAY RD H OWNER NAME PAMELA F GREGORY TAXPAYER PAMELA BUtTERFIELO NAME/ADDR C/O HOLLYDROOK A CO 510 BAKER BLDG MPLS MN 55402 38 32-118-23 32 0002 PROP ADOR 03980 WATERTOWN RD OWNER NAME STEPHEN DAVIS TOWLE TAXPAYER STEPHEN 0 TOWLE NAME/ADDR RT 2 BOX 40 MAPLE PLAIN MN 55359 38 32-118-23 33 0002 PROP ADOR 0378S WATERTOWN RD OWNER NAME JAMES F BROOKS TAXPAYER JAMES F BROOKS NAME/ADDR 3785 WATERTOWN ROAD ORONO Mt7 S111111 38 05-117-23 21 0015 03750 BAYSIDE RD J014H BURGER ETAL JOHN BURGER 3750 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 22 0007 03960 BAYSIDE RD M 6 A S R FILBRANDT MICHAEL FILBRANOT 3960 BAYSIDE RD MAPLE PLAIN MN 55359 38 32-118-23 24 0003 00485 STUBBS DAY RD N STEVE WALDRON STEVE WALDRON 485 NORTH STUBBS BAY RD LONG LAKE MH 55356 38 32-118-23 31 0002 03760 WATERTOWN RD CATHARINE A CRAM CATHARINE CRAM 3760 WATERTOWN RD MAPLE PLAIN MN 55359 38 32-118-23 32 0004 03955 WATERTOWN RD P A C OGLAND PAUL A CYNIHIA OGLANO 395f WATERTOWN RD MAPLE PLAIN MN 55359 38 32-118-23 34 0001 CATHARINE CRAM CATHARINE CRAM 3760 WATERT0141 RD MAPLE PLAIN tY: 55359 38 05-117-23 22 0003 03830 BAYSIDE RD NELLIE M MINER GREGORY A SANDRA MINER 3830 BAYSIDE RD LONG LAKE MH 55356 38 32-118-23 23 0005 00460 ORCHARD PARK. RD ROBERT J RODEN ET AL RCBERT J RODEN 460 ORCHARD PARK POAD LONG LAKE MN 55356 38 32-118-23 24 0004 LISLE VICKERMAN JR ET AL RICHARD SCHMIDT 3980 WATERTOWN RD MAPLE PLAIN MN 55359 38 32-118-23 32 0001 03940 WATERTO�R1 RD ROBERT TAYLOR ETAL ROBERT TAYLOR 3940 WATERTOWN ROAD MAPLE PLAIN MN 55359 38 32-118-23 33 0001 03925 WATERTOWN RD LOREN BUTTERFIELD LOREN BUTTERFIELD RT 2 BOX 43 MAPLE PLAIN MN 55359 38 32-0 8-23 34 0002 0009S STUBBS BAY RD N NORMAN E WAiKCR ETAL tK)RMAN E WALKER 1649 COLLEbE SOUTH BEND IN 46628 t 1 RIIN DATE 07/23/84 BATCH 003 38 32-118-23 34 0003 PROP ADDR 00075 STUBBS DAY RU N OWNER NAME SCRI;IA RASMUSSEN TAXPAYER SORINA RASMUSSEN NAME/ADDR 75 STUBBS BAY RO N MAPLE PLAIN MH 55359 38 32-118-23 34 0008 PROP ADOR 03725 WATERTOWN RO OWNER NAME ARLIE 0 THORPE TAXPAYER ARLIE THORPE NAME/ADDR RTE 2 BOX 48 MAPLE PLAIN MN 55359 38 32-118-23 42 0001 PROP ADOR 00400 STUBBS DAY RD N OWNER NAME MARGARET M STUBBS TAXPAYER MARGARET M STUBBS NAME/ADDR 400 N STUBBS BAY ROAD LONG LAKE MN 55356 38 32-118-23 42 0004 PROP ADOR 00220 STUBBS BAY RD N OWNER NAME CHERRY STUBBS TAXPAYER CHRISTOPHER BOLLIS NAME/ADDR 220 STUBBS BAY RD LONG LAKE MN 55356 38 32-118-23 43 0004 PROP ADDR OWNER NAME CHERRY C STUBBS TAXPAYER CHERRY STUBBS NAME/ADDR 2920 FOX ST LONG L0E .Yl 51,55t, iVOP ADDR 040IER NAME TAXPAYLP TOTAL BATCH 003 00033 NAME./ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWIICRS LIST 38 32-118-23 34 0004 00065 STUBBS BAY RD N E 9 J BROWII III EDWARD C & JUDY H B.ROWN III 65 N STUBBS BAY RD MAPLE PLAIN MN 55359 38 32-118-23 34 0009 03743 WATERIOW14 RD G F BUTTERFIELD ETAL GEO F BUTTERFIELD 3745 WATERTOWN RD MAPLE PLAIN Mll 55359 38 32-118-23 42 0002 60350 STUBBS DAY RD N ALBERT W BRAVES JR I WIFE ALBERT W BRAVES JR 3S0 N STUBBS DAY RD LONG LAKE MN 55356 38 32-118-23 43 0002 035Z0 WATERTOWN RD G A D YOUNG GREGORY YOUNG 3520 WATERTGWI rlD LONG LAKE MN 55356 .8 32-118-23 43 0006 03565 WATERTOW14 RD DORALINE M OUlON DORALINE M DUNON 3565 WATERTOWN ROAD LONG LAKE MN 5j356 REPORT INO. PI435401 PAGE 7 38 32-118-23 34 0007 03685 WATERTOWN RO THOMAS JOIIN MAXWELL THOMAS JOHN MAXWELL 3685 WATERTOI*T ROAD MAPLE PLAIN MN 55358 38 32-118-23 34 0010 03765 WATERTOWN RD DAVID M KEIOIEOY ETAL WARREN F GILBERTSON 3765 WATERTOWN RD MAPLE PLAIN MN 55359 38 32-118-23 42 0003 00200 STUDDS BAY RD N WELCON Q PETERSON i WIFE WELCON 0 A ELEANOR PETERSON 200 N STUBBS BAY RO PT 2 BOX 442 LONG LAKE MN S53S6 3P 32-118-23 43 0003 03580 WATEhiOWN RO MICIIAEL G FILORANOT ETAL SIiIRLEY FILBRANDT 3580 WATERTOWN RD LONG LAKE M:l 55356 38 32-110-23 43 0012 G A E MACKIpRION GEORGE A ELIZABETH MACKINlMN 5329 US CCURT ;LOUSE WASHINGTON 0 C 20001 U'� t Jt'UNQ II RUN DATE 07/23/84 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM DEPORT NO. PI435401 BATCH 003 PROPERTY OWNERS LIST PAGE 8 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEA S THIS DATE ON THE. RECORDS OF THE HENNEPIN COUNTY OEPAtirMENT OF PRO RTY T CATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. i DATE ; ) 7 By TO: Jeanne A. Mabusth, 'Zoning Administrator FROM: Michael P. Gaffron, Septic System Inspector DATE: August 30, 1984 SUBJECT: Review of Existing Septic System, 3760 Watertown Road #847 Catharine Cram On August 29, 1984, Lyle Oman and I inspected the existing septic system serving the house in question. The system consists of one known septic tank of 500-1 , 000 ga 1Ion capaci ty, and an unknown but presumed drainfield of unknown size. A second tank may exist but has not been found. The existing tank did not appear tc need pumpout at this time. No surface seepage was noted at the tank or anywhere within the logical area the drainfield might be located. Based on the skimpy information we can f ind about this system, I suspect it will adequately handle the sewage flows created by Ms. Cram and her brother. However, without more information I would not want to go out on a limb and state that it would handle the load from a family with r_iil ic;ren. MINUTES OF THE PLANNING COMMISSION MEETING HELD AUC'UST 20, 1984. PAGE 3 1846 LEEKLEY'S INC. 2450 & 2500 SIXTH AVE: NO CONDITIONAL USE PERMIT PUBLIC HEARING 9:30-9:31 PM Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Mr. Leekley was not present. 1847 CATHARINE CRAM 3760 WATERTOWN ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 7:35 - 7:40 PM 1848 LOWELL ZITZLOFF 3542 SHORELINE DRIVE VARIANCE PUBLIC HEARING 8:10 - 8:30 PM McDonald moved, Sime seconded, to table the conditional use permit until Mr. Leekley could be present. Motion, Ayes (7), Nays (0). Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Catharine Cram arrived after the Planning Commission had acted on her application. Rovegno moved, Kelley seconded, to approve the conditional use permit based on the f inding that there is adequate area and width on the property to support an additional residential unit in the RR -?A zoning district, subject to the following conditions. 1. Guest apartment u,iit may never be rented out. 2. Existing septic system must be inspectec a; -id approved by staff for this additional unit. Motion, Ayes (7), Nays (0). Lowell Zitzloff was present. Bruce Schmitt, applicant's architect, was also present. Assistant ZoningAdministrator Gaffron noted the certificate of mailing and the affidavit of publication. William Colder of 3513 Lyric Avenue, Dick Lee of 3525 Lyric Avenue were present from the audience for this application. Rovegno asked staff how much hardcover this building would be limited to. Zoning Administrator Mabusth stated that you don't limit businesses in a commercial zoning district to a certain percentag-- of hardcover. Mabusth stated that instead the City requires retention ponds to allow for runoff. Mabusth stated that this is a prelisinary plan and that the corA*ercial site plan review would be done after the variance is approved. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAI, ZONING CODE SECTION 10.27, SURD 3(A) - FILE 0847 WHEREAS, Catharine Cram is the owner (hereinafter "applicant") of a property located at 3760 Watertown Road and has made application to the City of Orono (hereafter "City") to permit a guest house use of an attached apartment at the property legally described as follows: That part of the Southwest 1/4 of Section 32, Township 118 North, Range 23 Wept of the Fifth Prir•cipal Meridian described as follows: Beginning at a point on the East line of said Southwest 1/4 distant 26 5/8 Rods South of the Northeast Corner thereof, thence West parallel with the North line of said Southwest 1/4 a distance of 30 Ruds; thf.-nc- North parallel with the East line of said Southwest 1/4 a distance of 26 5/8 Rods to the North line thereof ; thence West along said North line to a point 60 Rods East of the Northwest Corner of said Southwest 1/4; thence South parallel with the west line of said Southwest 1/4 a distance of 26 5/8 Rods; thence West parallel with the North line of said Southwest 1/4 a distance of 21 Rods; thence South paral lel with the West line of said Southwest 1/4 a Distance of 26 5/8 Rods to a point 53 .1/4 Rods South of the North line of said Southwest 1/4; thence West parallel with the North line of said Southwest 1/4 to a point 520.5 feet East measured along said parallel line from the West line of said Section; thence South parallel with the West line of said Section to the South line thereof ; thence East along said South to the Scutheast Corner of the Southwest 1/4 of the Southwest 1/4 of said Section; thence North along the East line of said Southwest 1/4 of Southwest 1/4 of said Section a distance of 1187.73 feet, more or less, to the centerline of the South Minneapolis, and Watertown Road; thence Southeasterly along the center line of said road to a point thereon distance 10 Rods West at a right angle from the East line of said Southwest 1/4; thence North parallel with the east line of said Southwest 1/4 a distance of 8 Rods to a point 30.28 Rods South of North line of the Southeast 1/4 of the Southwest 1/4 of said Section; thence North along said East line to the point of beginning. Subject to public easement in the South Minneapolis and Watertown Road. Also subject to public easement for road purposes over the East 33 feet of the above described property; (hereafter "the property"). City of ORONO RESOLUTION OF THE CITY COUNCIL NO. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Findings 1. The application was reviewe3 as Zoning File No. 847. 2. The property is located in the RR-lA Rural Residential Zoning District. 3. The property contains approximately 82.5 acres in area and has approximately 2,200 feet of frontage along Watertown Road and approximately 1,400 feet of frontage along Stubbs Bay Road. 4. Two separate residences have existed on the property historically and became legal non -conforming uses at the time the RR-lA zoning district was created in 1967. 5. The proposed guest apartment will be the third dwelling unit on the property. In the RR-lA zoning district, each residential unit requires a five acre minimum area and 300 feet of lot width. The property exceeds these requirements for three residential units. 6. The septic system has been inspected, shows no sign of failing, and appears to be capable, of accepting the f lows anticipated frcm the quest apartment. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed land a'teration on the health, safety and welfare of the community. 8. The City Council finds that granting a Conditional Use Permit to allow the guest use of an attached apartment on the property will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and 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. C11 ¢ of OR,ONO RESOLUTION OF THE CITY COUNCIL NO. Conclusions, Order and Conditions Based upon the above f indings, the Orono City Counci 1 hereby grants a conditional use permit to Catharine Cram for a guest apartment attached to the existing main house, subject to the followinq conditions: 1. The guest apartment may not be rented. 2. No other variances are granted or permitted fo_ this application. 3. 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. 4. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself , his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this loth day of September, 1984. ATTEST: Dorothy V.. Hallin, City Clerk Property Owner(s) Property Owner(s) Property Ownes(s Mary C. Butler, Mayor City of ORONO RESOLUTION OF THE CITY COUNCIL NO. - — STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this day of , 1984, before me a Notary Public _ _ within and for _ said County, personally appeared known to me to be t e person.(s)—de-sc--'-r i bed __.___. irn and who�. executed the foregoing instrument, and acknowledged that lie (they) executed the same as his (their) free act and deed. NOTARY PUBLIC ---- _-- MY COMMISST(5N STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this _day of , 1984, hefore 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 SEN 10 1984 To: W.R. Benson, City Admini.trator City Council V. From: Michael P. Gaffron, Assistant Zoning Administrator Date: September 5, 1984 Sub3ect: 1848, Lowell Zitzloff, 3542 Shoreline Drive Zoning District - B-5 Application - variance to rear setback -requesting 10' setback instead cf 35' required List of L:xhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Topographical Survey Exhibit E - Site Plan Proposed Exhibit F - P.C. Minutes 8/20/84 Exhibit G - Property Owner's Sketch Applicant is requesting a variance to rear setback standards in the B-5 zone to place a commercial structure 10' from the rear lot line. Applicant states that due to topographic ditions, to meet the required setback would need a 10' high .aining wall which would create an unusable area behind the building. Applicant also states that the residential neighbors to the north are in favor of his proposal. The planning commission reviewed this application at their August 20th meeting. Present from the neighborhood were Richard Lee of 3525 Lyric Avenue and William Dolder of 3513 Lyric Avenue, both of whom expressed support for the application. Mr. Zitzloff also presented a written note from Devlin Gleason, renter (or unrecorded owner) of 3541 Lyric, stating support for the variance request. Continued. September 5, 1984 Page 2 of 2 Planning commission recommended approval of the variance request, based on the following findings: 1. Applicant's hardship is the extreme slope on the property. 2. Proposed building is a more efficient use of the building due to the earth sheltering effect. 3. Proposed plan will eliminate trash and debris that is now collecting on the property —,hind the building. 4. Locating the building towards the rear lot line will improve present access, parking and traffic off Shoreline Drive. 5. Neighbors all approve of the proposal and will enhance the neighborhood. 6. Proposal will improve drainage on the property. 7. Proposal will give the neighbors better view. If the variance is approved, the applicant would be subject to a commercial site plan review at the time a building permit is applied for. A resolution is attached. CITY OF ORONO �: !rr- / �� ! •S t �- e r VARIANCE APPLICATION Application Fe $100. 0' After -the -Fact Fee 200.00 ------------------------------------------------------------------------- PROPERTY LOCATION Site Address 3542 Shoreline Drive; Navarre Property Identification Number (P.I.D.) 17-117-23 43 0113 Please check one -- Is the property X abstract or torrens? Please attach legal description to application if not included on required survey. -------------------------------------------------------------------------- APPLICANT Name Lowell Zitzloff Mailing Address 1805 East Wayzat= Phone 473-4680 ulevard; Wayzata, MN 55391 -------------------------------------------------------------------------- OWNER Name Lowell Zitzloff Phone 473-4680 Mailinq Address 1805 East Wayzata Boulevard; t;ayzata, 14N 55391 Date Property Acquired January, 1984 (month/year) I (do) (do not) also own the adjacent parcels of land. ----------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District B-5 Present Use of Property Residential Other (specify) unimproved --------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ 120,000.00 Describe request in detail: Rearyard setback variance from 35 feet to 10 feet along the nor ier ;' groper y ne ------------------------------------------=--±-----'V VARIANCES REQUIREDAC Lot Area Lot Width Hardcover L-311, Setback Variances t F=ont Side X RearOther -------------------------------------------------------------------------- itlyvr 1 HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: Due to the severe slopinE site conditions at least a 10-foot high retaining wall would have to be constructed at the rear of the property creating an unusable area behind the buildinf. -------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: Site slopes 14 feet from the rear down to the front.. * REQUIRED SUBMITTALS X• Completed Application Fcrm. Certif ied Property Owners List of owners within 150' (you can obtain this list from Hennepin County Depavtmentof Finance A-603 Government Center 348-3271) Stamped, legal sized envelopes (110) pre -addressed to each of the names on the - above list with no return address. (►1tr,n. (`CXA..AA1) (Acw% Vitoc. (abcl.) A• Certificate of survey. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. --------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to payallfeesand/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of hig-,,(her knowledge. Applicant's signatu �__�_ �Date OWNERS SIGNATURE The owner hereby acknowledges 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 investigation and verification of this equest. owner's signatu 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. RLRI DATE 07/20/84 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. P1435401 PROPERTY OWNERS LIST PAGE 6 BATCH 003 38 17-117-23 43 0089 PROP ADOR 0614ER NAME GEORGE F PIPER JR TAXPAYER GEORGE F PIPER NAME/ADDit 3470 SHORELINE DR WAYZATA MH SS391 38 17-117-23 43 0092 PROP AUDR OWNER NAME DAVID CHARLES BIE TAXPAYER DAVID C BIE NAME/AODR 1910 SHADYW00D ROAD WAYZATA MN 55391 38 17-117-23 43 0101 PROP AODR 03513 LYRIC AVE OWNER NAME M F OOLDER ETAL TAXPAYER WM F DOLDER NAME/ADDR 3513 LYRIC AVE WAYZATA MH SS391 38 17-117-23 43 0104 PROP ADOR 03551 LYRIC AVE OWNER NAME TERRY L WIEDERHOFT TAXPAYER TERRY L WIEDERHOFT NAME/ADDR 35S1 LYRIC AVE S WAYZATA MI 55391 38 17-117-23 43 0110 PROP ADOR OWNER NAME 6 & J WOYTCKE TAXPAYER GORDON A JOANNE WOYTCKE NAME/ADO* 1716 BLUEBIRD LANE MOUND MN 55364 38 17-117-23 43 0111 PROP AODR OWNER NAIlE DAVID S PETERSON TAXPAYER LOWELL R ZITZLOFF NAME/ADOR 180S E WAYZATA BtVD WAYZATA MI 55391 38 17-117-23 43 0,90 03499 LYRIC AVE MARJORIE M GREY GARY W WOLFSTELLER 2156 CARDINAL LANE MOULD MN 55364 38 17-117-23 43 00°3 03480 SHORELINE OR GEORGE F PIPER JR GEORGE F PIPER 3470 SHORELINE OR WAYZATA MN 55391 38 17-117-23 43 0102 03525 LYRIC AVE RICHARD P LEE ETAL LUELLA A RICHARD LEE 3525 LYRIC AVE WAYZATA MN 55391 38 17-117-23 43 010S 03559 LYRIC AVE KIM A DERRY KIM A DEPRY 3559 LYRIC AVE WAYZATA M1 55391 38 17-117-23 43 0111 03572 SHORELINE OR CAROL E BERMEL EARL 8 HOPWOOD 7412 LYNDALE AVE S RICHFIELD MN 55423 36 17-117-23 43 0114 03502 SHORELINE OR GOLDEN VALLEY STATE BANK LOWELL R ZITZLOFF 180S WAYZATA BLVD WAYZATA MI 55391 38 17-117-23 43 0091 03496 SHORELINE OR DAVID CHARLES BIE DAVID C BIE 1910 SHADYWOOO ROAD WAYZATA MN 55391 38 17-117-23 43 0100 c 03505 LYRIC AVE RUB" L LIIlDBLAD RUST L LINDBLAD 3505 LYRIC AVE WAYZATA MN 55391 38 17-117-23 43 0103 03541 LYRIC AVE G W LINDGREN DONNA M LIEN 3541 LYRIC AVE WAYZATA MN 55391 38 17-117-23 43 0109 03574 SHORELINE DR G L J WOYTCKE GORDON t JOANNE WOYTCKE 1716 BLUEBIRD LANE MOUND YIN 55364 38 17-117-23 43 0112 CAROL E BERMEL EARL B NOR6000 7412 LYrDALE AVE S RICHFIELD MN 55423 38 20-117-23 12 0001 02400 CARMAN ST EOWARD T i GLORIA A LE EDWAPD T a GLORIA A LIE /r /►^[�.y` l% 2470 CARMEN ST 1 \J WAYZATA hR/ 55391 � Ol RLN DATE 07/20/84 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPDRT NO. PI43S401 PROPERTY OWRiERS LIST PAGE 7 SATCH 003 38 FO-117-23 12 0002 PROP ADOR OWNER NAME EDWARD T LEHMAN ETAL TAXPAYER EDWARD I GLORIA LEHMAN NAME/ADDR 2470 CARMAN ST WAYZATA M7 SS391 38 20-117-23 12 0028 PROP ADOR 02480 CARMAN ST OWNER NAME RICHARD A EDWARDS TAXPAYER RICHARD A EDWARDS NAME/ADOR CTY RD 15 BOX 127 NAVARRE MN 55392 38 20-117-23 12 0011 02413 CARMAN ST KAREN A PEDERSON KAREN A PEDERSON 2413 CARMAN ST WAYZATA MN 55391 38 20-117-23 12 0040 03525 SHORELINE OR T A D LIND THOMAS A LIND 3525 SHORELINE OR WAYZATA M11 55391 38 20-117-23 12 0027 WARD E EDWARDS WARD E EDWARDS 3S45 GLENHURST AVE ST LOUIS PARK MI 55416 TOTAL BATCH r r 003 00023 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEA' THIS DATE ON THE RECORDS OF THE HENNEPIN COl1NTY DEPARTME OF PROP RTY TAX TION, TO THE BEST OF Mr KNOWLEDGE A14D BELIEF. GATE ✓ BY 5• - S� 15 S• I.i {.1 M. M t ,� �O lSl II 1 ff 10 12I 11 - •' 7 •' e 4 3 2, I • • 1 i 61 13 14 10 14 11 �i �i�} xl PZ 23 24 13 111 15 17 1• xo 1 1• �, 1 4 �►) l>i1 L� 3 /• _ « 17 0 7 \ 1 11 ' 10 1/ • 7 • • 4 • t 1 •It 11 to , 7 • • / 2 to- to I o 1 A ;t3 14 161417, Is. to �&Z 21 22 23 21 < 1• 10 17. N 1• to at. t3 !4 ts. 20127 •� A _ _ ' Lot is It t site 11 • 3, 24 13 12 11 10 f 1 d to js As, w is 17 to � u' 1s' 7' is' is 20' 21 ' b' Z• 27 z (09) � i l��M w Wir ift'wf 'riio 1fl �� +J 1 125 1104 t $15 31 v n 1 ;r 1 ✓ e • I v ` J r / A N IV w . ( l N VL L N N Cy 24 r + '� rS ~ �� z • �'�l Soo • 3 �� 6 N AVARR E • 114 �01� 1 I I 12 v 104 fm t 1 r- � rl.- - .1 � t4! �f • 1� . _'T 1.0 • z . �.. t, 1 •�►I�• COVE • , LAJ+ Ito Of 4 i _ • c w/ O ,� / `•� S1+orc 4o• as per 1971Aer-of Photo �/j " - L101 ry1ZE MIN. 21i,✓�✓ vi ACTUAL. LcT 1y0.o' g 14-�' � Sol1"15di -- CINC�NPE�► 56Ba ti i O� D'L. V!q 1 A96�N SPAc 5, 023 oft w✓Liii..�' Ir. � •;':t le"; t"ems -15% 51 DE �F 2 5ii� OF klrf e,. tX /41617-' 6- lel- MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST :0, 1784. PAGE 3 #846 LEEKLEY'S INC. 2450 i 2509 SIXTH AVE NO CONDITIONAL. USE PERMIT :UBLIC HEARING 9:30-9:31 PM Zoning Administrator Mahuc_th noted thz certificate of mailing and thf affidavit of publication. Mr. Leekley was not present. #847 CATHARINE CRAM 3760 WATERTOWN ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 7:35 - 7:40 PM #848 LOWELL ZITI.LOFF 3542 SHORELINE DRIVE VARIANCE PUBLIC HEARING 8:10 - 8 : 3 0 PM McDonald moved, Sime seconded, to table the conditional use permit until Mr. Leekley could be present. Motion, Ayes (7), Nays (0). Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Catharine Cram arrived after the Planning Commission had acted on her application. Rovegno moved, Kelley seconded, to approve the conditional use permit based on the finding that there is adequate area and width on the property to support an additional residential unit in the RR-lA zoning district, subject to the following conditions: 1. Guest apartment unit may never be rented out. 2. Existing septic system must be inspected and approved by staff for this additional unit. Motion, Ayes (7), Nays (0). Lov)e11 Zitzloff was present. Bruce Schmitt, applicant's architect, was also present. Assistant Zoning Administrator Gaffron noted the certificate of ji.,iling and the affidavit of publication. William Dolder of 3513 Lyric Avenue, Dick Lee of 3525 Lyric Avenue were present from the audience for this application. Rovegno asked staff how much hardcover this building would be limited to. Zoning Administrator Mabusth stated that you don't limit businesses in a commercial zoning district to a certain percentage of hardcover. Mabusth stated that instead the City requires retention ponds to allow for runoff. Mabusth stated that this is a preliminary plan and that the commercial site plan review would be done after the variance is approved. MINUTES OF THE PLANNING COMMISSION MEEITING HbLD AUGUST 20, 1984 1848 LOWELL ZITZLOFF 1850 DENNIS THOMPSON 250 OLD CRYSTAL BAY FOAD VARIANCE. PUBLIC HEARING H:31 - 8:40 PM PAGE 4 Dick Lee of 3525 Lyric Avenue stated that he has no problem with the proposed building and that the new building would be better for the neighborhood. William Dolder of 3513 Lyric Avenue stated that he is also in favor of the application. Adams moved, Rovegno seconded, to approve the variance to the rear setback based on the following findings: 1. Applicant's, hardship is the extreme slope on the property. 2. Proposed building is a more efficient use of the building cue to the earth sheltering effect. 3. Proposed plan will eliminate trash and debris that is now collecting on the property behind the building. 4. Locating the building towards the rear lot line will improve present access, parking and traffic off Shoreline Drive. 5. Neighbors all approve of the proposal and will enhance the neighborhood. 6. Proposal will improve drainage on the property. 7. Proposal will give the neighbors better views. Motion: Ayes (7), Nays (0). Dennis Thompson was present. N.G. Steckel was also present. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Mabusth stated that a conditional use permit will not be required and that. she would refund the $100. Mabusth stated that a variance was required because of the quad -commercial like use of the property. Chairperson Goetten stated thr performance standards should be set up for futu., .,pIicat ions. Sime stated that he did check with some of the neighbors and that they all were in favor of the proposal. Kel ley asked if there would h> extra 1 ight inq and noise created by this application. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.44, SUBD. 5(D) AND (E) - FILE 1848 WHEREAS, Lowell Zitzl off (hereafter "the applicant") is the owner of the property located at 3542 Shoreline Drive within the City of Orono (hereafter "City"), and legally described as follows: Lots 20, 21 and 22, Block 7 Navarre Heights (hereafter "property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.44 Subd 5(D) and (E) to permit the construction of a commercial building 10 feet from the rear lot line instead of the required 35 feet, and to approve a 10 foot rear yard setback instead of the 30 feet required. Mirnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Findings 1. This application was reviewed as Zoning File No. 848. 2. The property is located in the B-5 Limited Neighborhood Business Zoning District. 3. The Orono Planning Commission reviewed thiE applicat ion on August 20, 1984 and recommended approval of the proposed variance based upon the following findings: a) Applicant's hardship is the extreme slope on the property. b) Proposed building is a more efficient use of the property due to the earth sheltering effect. c) Proposed plan will Eliminate trash and debris that is now collecting on the property behind the building. d) Locating the building towards the rear lot line will improve present access and reduce parking and traffic problems along Shoreline Drive. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. e) Theaffected neighbors have all expressed approval of the proposal and the proposal will enhance the neighborhood. f) Proposal will iilgicve drainage on the property. g) Proposal will give the neighbors letter views. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports byl'ity staff- comments by the owner and the of ter_t of the proposed v- -once on the health, safety and welfare of the comm 5. The City Council f inds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district: that granting the variance would not adversely affect traffic conditions, light air nor pose a fire hazard or other hazard or other danger to neighboring property; would not merely serve as a conl:enience to the owner, but is necessary to alleviate a demonstrable hardshiF or difficulty; is necessary to preserve a substantial property right of the owner; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Conclusions, Order and Conditions Bases: upon the above f i ndi ngs, the Orono City Council hereby grants a variance to Municipal Zoning r xie Section 10.44, Subd 5 (D) and (E) to permit construction of a commercial building 10 _feet from the rear lot line instead of the 35 feet required, and approve a 10 foot rear yard instead of the 30 feet required, suLject to the following conditions: As per Orono Zoning code requirements, applicant is subject to a commercial site play, review upon application for a building permit. 2. Applicant shall design the structure so as to eliminate the possibility of direct access to the roof by neighborhood children. 3. Authorities granted by this variance run with the property not with the owner , but are permissive only and must be exercised by application for a building permit within unr year of the date of Council approval, cr this variance will expire on tCat date September ](1, 1,985. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. Violation of or noncompliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned owner 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 to the property. Adopted by the Orono City Council on this loth day of September, 1984. ATTEST: City Clerk Property Owner (2) Property Owner (1) Property Owner Mayor To: W.R. Benson, City Administrator Orono Council Members FROM: Jeanne A. Mebusth, Zoning Administrator. DATE: September 4, 1984 SUBJECT: #850 Dennis Thompson 250 Old Crystal Bay Road - Variance *! Pertinent Se~tion - Section 10.28; Subdivision 4, (A) �IVP 10 List of Exhibits: Exhibit A - Application ('I TV ?! i�i; �01 Y B - Property Owners list C - Plat map D - Site plan E - Survey F - Approving Rebilution The application was originally accepted as both a conditional use permit and variance application. Section 10.28 Subdivision 4, (A) defines the keeping of animals as a permitted accessory use and tha' the keeping of animals, specifically, horses in this applica- tion must be done in accordance with the performance standards set forth in Section 10.20 Subdivision 3, K. That portion of the ap- plication fee required for a conditional use permit will be re- funded to the applicant. Review of Performance Standards I. Accessory building used for housing of animals must be located 150' from nearest lot lines. The site plan confirms that the required setback has been met. 2. A minimum of 3 acres for the first horse and 1 acre for each additional horse. The property contains 16.4 acres. the owner will be limited to the keeping of 14 horses. The owner has no problem with this restriction. 3. The keeping of animals for non-commercial purposes. It is the opinion of staff that the applicant must seek a variance to this section. Thompson plans to raise Minnesota bred racing horses for the *purpose of selling race horses and the training of his own racing horses. The paddock areas are located along the property lines - note the ordinances do not require setbacks for paddock areas nor do they require screening. The performance standards are guidelines for the horse owners in our rural areas that keep horses tar their own hobby use -- the typical hobby farm owner. The subject property is surrounded by 2 acre residential development(C ountryside) to the immediate north, single residences to immediate south and across old Crystal Hay to west and on east by a DNR park. Orono Planning Commission August 15, 1984 Page 2 This is not the applicant's primary source of revenue or profession. The breeding and raising of race horses is his hobby and will continue to be. The question of when and at what level of use a hobby farm takes on more of a commercial use is a difficult one. Staff has received calls from one repeated complainer regarding the owners of a large hobby farm located out on Watertown Road complaining of the commercial use of the residential property. The commercial use involves the boarding of horses and training in riding, specifically, steeplechase training. The external use of the property appears more commercial then single family/ hobby farm use. The Planning Commission found Thompson*s proposed use even less commercial in nature than the hobby farm operations in rural western areas of the city. The Planning Commission strongly recommends against establishing special performance standards for owners of these quasi -commercial farms, finding no danger to the public health, safety and welfare and that the properties still serve as the primary residence for all owners. Planning Commission Recommendation: To approve the variance application of Dennis Thompson that seeks a variance to the performance standard of Section 10.20 Subdivision 3K that states the keeping of domestic animals must be for non-commercial purposes based on the following findings: 1. The applicant's principal residence will be located on the subject property. 2. The application as proposed requires no additional variances to the performance standards for the keeping of domestic animals. 3. The proposed level of use will be compatible with the surrounding 2 acre residential zone. 4. The use as proposed presents no more intense a use of the property than a hobby farm use. Staff has drafted an approving resulution for your review and action. `t e CITY OF ORONO •� 7 J' '5 ;Lee t♦ ---eM'ERAL-LAND USE APPLICATION --------------------------------------------------------- --i PROPERTY LOCATION � �- (I Site Address Old Crystal Bay Road Property Identification Number (P.I.D. ) 04 117 23 13 0004 Please check one -- Is the property abstract or X torrens? (for Conditional Use Applications only) Please attach leqal description to application if not included on required survey. -------------------------------------------------------------------------- APPLICANT Name Dennis 0. Thompson Phone 933-2521 Mailing Address 12201 Minnetonka Boulevard, Minnetonka, MN 55343 --------------------------------------------------- ----------------------- OWNER Contract for Deed Vendee Name Dennis; 0. Thompson phone 933-2'21 Mailing Address 12201 Minnetonka Boulevard, Minnetonka, KIN 55343 Date Property Acquired June, 1984 (month/year.) I AX*k (do not) also own the adjacent parcels of land. -------------------------------------------------------------------------- FZZ8 - Conditional Use Permits ` $594W a) Residential Accessory Use $100.00 b) Institutional (church,-chool, etc) $100.00 c) Duplex Credit/Bldg d) Land Alteration (grading, filling) $154.00 P) Commercial/Industrial Use PRD/PID - see fee schedule Other Applications $200.00 Vacation $250.00 Rezoning $100.00 Appeals ft i Y� JJL 2 5 W400 tl CITY OF ORONO X Other - see fee schedule $100.00 X Variance - $10C --------------------------------------------------------------------- __-- (over) PRESENT USE OF PROPERTY Present Zoning District Residential Present Use of Property Undeveloped Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: Construction and maintenance of residential dwelling, barn and paddocks --------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtain this list fromHennepin County Department of Finance A-603Government Center 348-3271) 3. Stamped, legal sized envelopes (#i10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. On file as Exhibit A to Resolution 1040 adopted 6/12/79. 5. Construction plans, if applicable. 6. Plat Map. See Item 2. -------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. -------------------------------------------------------------------------- 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 his/her knowledg . Applicant's signature X y /.✓ /� Date 7120l84 Dennis O. "fhc�-p•-can OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Council membefs for purposes of investigation and verification of t� request. Owner's signature L Date 7120184 Dennis 0. Thompson ---------------------------------------------- ----------------------------- Applic:ant must have all submittals into tha City offices 25 days before the Planning Commission Meet i ng. Planning Cor,,...ission Meetings are held on the third Monday of each month. RUN DATE 07/19/84 BATCH 003 38 04-117-23 12 0003 PROP ADDR 02645 WATERTOWN RD OWNER NAME DICON TAXPAYER DICON NAME/ADDR 21350 EXCELSIOR BLVD EXCELSIOR MN SS331 38 04-117-23 13 0004 PROP ADDR OWNER NAME 01-CON TAXPAYER ANNE LECK NAME/ADDR 1242 HUNTER OR WAYZATA MN 55391 38 04-117-23 24 0002 PROP ADDR 00225 OLD CRYSTAL BAY PO 5 OWNER NAME WILLIAM M DENNY ETAL TAXPAYER MRS WM M DENNY NAME/ADDR 22S OLD CRYSTAL BAY RD 5 LONNG LAKE MN 55356 38 04-07-23 41 0003 PROP ADOR 02650 FOX ST OWNER NAME K A K AND9450H TAXPAYER KEITH A KATHLEEN ANDERSON NAME/ADDR 2650 FOX ST WAYZATA MN 55391 38 04-117-23 42 0017 PROP ADDR 02780 WHITE OAK CIR OWNER NAME R A J KLING TAXPAYER RICHARD A JOAN M KLING NAME/ADDR 2780 WHITE OAK CIRCLE LONG LAKE MN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 04-117-23 13 0001 00340 OLD CRYSTAL BAY RD S R A P MINNICH ROONEY L MINNICH 340 OLD CRYSTAL BAY ROAD LONG LAKE MN 55356 38 04-117-23 14 0005 THE STATE OF MI14NESOTA STATE OF MINNESOTA R C HESSBURG SP AST ATN GL BOX 38 CENTE►RNIAL OFFICE BLG ST PAUL MN 55155 38 04-117-23 24 0003 00335 OLD CRYSTAL BAY RD S JAMES R HAZELWOOD A WIFE JAMES R HAZELWOOD 335 OLD CRYSTAL BAY LONG LAKE MN 55356 38 04-117-23 42 0008 02640 FOX. ST MARY K T►IEIS MARY K THEIS 2640 FOX ST WAYZATA MN SS391 38 04-117-23 42 0018 02760 WHITE OAK CIR LYNN C PEDERSEN LYNN C PEDERSEN 2760 WHITE OAK CIRCLE LUNG LAKE MN 55356 U00 REPORT NO. PI435401 PAGE 6 38 04-117-23 13 0002 G J DODD G J DODD 1231 ARCHER LANE PLYMOUTH MN 55447 38 04-117-23 24 0001 03025 WATERTOWN RD GORDON R COFFIN ETAL GCRDON R COFFIN 3025 WATERTOWN ROAD LONG LAKE MN 55356 38 04-117-23 24 0004 00405 OLD CRYSTAL BAY RD S LEON G WARNER WARREN DALEN 405 S OLD CRYSTAL BAY RD LONG LAKE MN 55356 38 04-117-23 42 0016 02790 WHITE OAK CIR P A M DOHERTY PATRICK J DOHERTY 2790 WHITE OAK CIRCLE LONG LAKE MN 55356 TOTAL BATCH 003 00014 ITY OF ORON if RUN OA7E 07/19/64 HENNEPIN COUNTY PROPERTY INFORIIATION SYSTEM REPORT ►1O. PI435401 PROPERTY OWNERS LIST PAGE 7 BATCH 003 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE OFPRESENTATION Of INFORMATION AS IA OF THE EKHHENNEPIN COUNTY B DEPIEF�TME�NTOFPRE HIS DATE .THE NRECORDS ERTYTAJATIOIITOT14EBEST By �f-- f_- tl ,n R �--T-i - 141 w 1 1 V 1 i 1 PORT ^F I 1 rs i i 0 Si J Z,C LOT _ w _ LINE _.lT • 34S 3 4itE i) ' R. L. S. NO. 1447 Zo 3i-over ow•� �Tt oon ao _ 9 r'` fry✓ OLD .CRYSTAL BAY ROAD 7, I � PADDOCK •6 I I I y i I 11 � II PADDOCK •6 I II I I •tq I I I r II II i II' I II �.I I I I PADDOCK •4 PADDOCK •1 1 I II w II ` _II- PADDOCK • PR 10 HOUSE G.0 rArq I I on" 011" - - -I` - - - PADDOCK •, I� PROPOSED SITE PLAN 17711 THOMPSON RESIDENCE \�/10" %ML ORONO, MN. ;t if =-s' ♦' ""„ `SC«+ wm `•.�i' w;r►;oA, N. Deny .V I Cwdm coffin I I .tom r^ I.�y�•.` N�.r:i. ed •+N N •J'�i 1057. ] Wr►►, ern 3 w Anat W Nifaropulos 16.4 owes :)7o' _ o 0 ri495 ?54 Ar N rr.. .►n t [..o .. Sh//don f iu1Mlrlon •.�' Sb/1 0/ M;0In1/ol1 486.]9T_._. a ► C R. L. S. No. 0 1447 hlmcl Ocher?, Jon EIc1o.0 Bldg co.'p QTY Y4 '-0—'. 9 D 1MI[rSOTA. Y waA "Proved and acce Minnesota, 4t + ptsid DY the City Council of the • 19J}r. �jYUp ale4tins thereof held this CITY COUMCZL or ORONO e� ., �.� � s MIN(YESOTA b rlayor CI&rk .ron flr.j.f ellq. Coro E' r' •� � ' ar DIL ISIO!: I Imrby oarti.y tUfor land a. 12L- Y'non :. Hoppe. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.20, SUBD. 3(K) - FILE #850 WHEREAS, Dennis0. Thompson (he reafter "the applicant")has an interest in the property located at 250 Old Crystal Bay Road within the City of Orono (hereafter "City"), and legally described as follows: That part. of Lot 1, Auditor's Subdivision Two Hundred twenty -,pine (229), Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said county, lying Southerly of a line drawn parallel with and 240 feet Southerly of , as measured at right angles to, the North line of said Lot I and lying Westerly cf a line drawn parallel with and 1,(170 feet Easterly of, as measured at right angles to, the West line of said Lot 1 (hereinafter ':he property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning rode Section 10.20 Subd 3 (K) to permit the keeping of horses for the purpose of breeding, training and sale to the public. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: Findings 1. This application was reviewed as Zoning File No. 850. 2. The property is located in the RR-1B Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 20,1984and recommended approval of the proposed variance based upon the following findings: a) The applicant's principal residence will be located on the property. b) The proposed application requires no additional variances to the performance standards for the keeping of domestic animals. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. - --- c) The proposed level of use will be compatible with the surroundng two -acre residential zone. d ) The proposed use presents no more an intense use of the property than a hobby farm use. e) The City received no negative comments from the surrounding property owners notified during the review. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff,comments by the owner and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district: that granting the variance would not adversely affect traffic conditions, light air nor pose a fire hazard or other hazard or other danger to neighboring property; would not merely serve as a convenience to the owner, but is necessary to alleviate a demonstrable hardship or difficulty: is necessary to preserve a substantial property right of the owner; 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 the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.20, Subd 3 (K) to permit the keeping of horses for the purpose of breeding, training and sale to the public subject to the following conditions: 1. No other variances are granted or permitted with this application except the one specified above. 2. Authorities granted by this variance run with the property not with the owner, but are permissive only and must be exercised by application for a building permit within one year of the date of Council apr•reval, or this variance will expire on that watt- �. _ n:._ 10, 1985. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. Violation of or noncompliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned owner 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 to the property. Adopted by the Orono City Council on this loth day of September, 1984. ATTEST: City Clerk () Property Owner (1) Property Owner (3) Property owner Mayor City of ORONO RESOLUTION OF THE CITY COUNCIL NO. SiA.TE OF !-MJNESOTA ) ) J J _OUN' �' OF HENNEPIN Cn this day of , 1984, before me a Notary Public �► hin and I 'or -said Courity, personally appeared known to ne to be'the �person(.s} described in and who�oxecute the foregoing instrument, and acknowledged that he (they) executed the sa;sie as his rtheir) free act and deed. NOTAiiY-PUBLIC---------------------� MY t;(5MM�ISSION EXPIRES -�-- - --- STATE OF MINNESOTA ) )ss. COUNT': OF HENNEPIN ) Cn this -_day of __-- 1984, before me a Notary Public wih tin and for _ said County, personally appeared known to me to be the persons)_ de _ , sr_ibea- 1n and —who Pxecuted the foregoing instrument, and acknowledged that he (they) executed the same as Y:s (their) free act and deed. MY COMMISSION EXPIRES ��Vy TO: Walt.-r R. Benson, City Administrator FROM: Michael P. Gaffron, Assistant Zoning Administrator UATNr, September 5, 1984 SUBJECT: 4851 Richard Stueland 6 Ramona Barbeau, 4080 6ay:.- � oe Road Variance Zoning Dis..rict - RR-lA - 5 acre Applicati n -Construct a detached garage less than 100' from front property line. List of Exhibits Exhibit A - App' c•' ion Exh. bit B - Fl,.t &p Exhibit C - Property Owners List Exhibit D - Survey Exhibit. E - Tonugraphy and Sketch Exhibit F - Planning Commission Minutes of August 20, 1984 This is a request to construct a detached garage approximately 55, from the front property line in the RR -IA zoning district where a 100' setback is required. There is an obvious hardship due to topography and location of the existing house and driveway, forcing the p-oposed garage to bt nearer the road ftian tht, house and requiring the variance to Section 10.03, Sljbdivision 9 (D) an ' 1 ^ . 27 Subdlvi-O on 5 (B)- AU).ticants sketch •so indicates garage is to be ioc- 1 5' from the main structn-. : rather than the 1(, required, requi riance to 10.03, Subdi ,sion 12. Fro.A a fire safety standl, ff would prefer keepin.., this 10' setback and moving garage-- c. ►,e The appi• „ djedteR this will flrit be a problem. Planning Commission recomn,. nded approvt I with the st ipulatio; he gargle be located at least 10' from the P•isting house. S rec��mm�s appruv,,l per the attached resolu 1. 4 CITY OF ORONO VARIANCE Ak?LICA Application Fee $100.Oja) After -the -Fact ----- --- --------- PROPERTY LOCATION rr�� Site Address 4.0 yo L7.'NiS.(i� _ :7d�_, �/ t 411/L / ;N Property Identification Nun. bei (P.I.D.)(- //17 / - CIO/ - Please check one -- Is the property abstract or torrens? Please attach legal description to application it not included on required survey. --------------------- ---- ---------------------------------------------- APPLICANT,j 1) Naas ti" ho,..,a n' Phone �7- 0 Mailing Address -------------------------------------------------------------------------- ON'NER Name h�i,�y'! %.� _ h_.F /.�, r �; Phone J r • ' C`.� 76 Mailing Address' -4-!)1�/- e-, r, ! • ; /�,, M/L' � =� _3'S') Date Property Acquiree '7§_ (month/year) I (do) (i�not also own the adjacent parcels of land...___ _ 9 --------•--------- •------------- - /�SE�iT 08E OF PROPERTY ', lJ,,~--------- Present Zoning District Nr JUL 2604 Present Use of Property Residential_ Y O Other (specify) ---------------------------------------------------------------- ---- --- Da/C'RMIOM OF R2QU=T Estimated Construction Cost $ Describe request in details 1 -------------------------------------- VAA.IAMLES REQUT Lot h. -a Lot Width Hardcover Setback Variances t,� Front Side Rear) tltMr -----------------w.•.r�---w..--r.-r.r------•---..-----------------------w.•w....- .� (awer i HARDSHIP Dusci'be ndue hardship or practical difficulty resulting from strict Jenforcement of zoning regulations: '//;, ;._�-�rr !•�•-,. 14 `rl... 4, J -%It 0 k1 #i(a t t i,�_. / (i/ `/�ti Q�)L td(1',i (t -------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditians preventing compliance with Zoning Code Requirements. -1;",• t. z -'rl 4.. k. ------•-------------------------------------------------------------------- REQUIRED SUBMITTALS C. Completed Application Form. Certified Property Owners List of owners within 150' (you can obtain this list f ron Hennepin County Department of Finance A-603 Government Center 348-3271) (37' Stamped, legal sized envelopes (t10) pre -addressed to each of the names on the above list with no return address. Certificate of survey. t 5 ^ Plat Map. .1—. -------------------------------------------------------------------------- =�e 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. -------------------------------------------------------------------------- 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 f his/her knowledge. Applicant's signature � i ' Date OWNERS SIGNATURE The owner hereby acknowledges 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 investigation ane »erification of his ;egye�rt t._ . `` I �� 11 Owner's signature ` Date -/ ------------------------------------ ------------------------------------- -- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meet ing. Planning Commission Meetings are held an the third Monday of each month. �Jf &�y w b b 0 ti a 0 0 Q 55 140 o • ••I ,k , - CO /8` � • ._ ,,'� � l �, � �:' ���'' y� S' of 5 � l�tl ' R! 07 .n r� • �•, Z - • —J'�L�_ - �•� _ 1'11113' at RUN DATE 07/26/84 BATCH COS 38 05-117-23 22 0007 PROP 40OR 03%0 BAYSIDE RD OWNER NAME M 6 A 5 R FILBRANDT 'AAPAYER MICHAEL FILBRA140T NAIIF/ADDR 3960 BAYSIDE RD MAPLE PLAIN MN 55'S9 38 06-117-23 11 0003 PROP ADOR 04246 BAYSInf RD OWNER NAME •AVID J WINTON ETAL TAXPAYER VEDA INC NAME/ADM BOX 115 LONG LAKE MN 55356 38 06-117-23 14 0003 PROD AL'OR 04045 BAYSIDE RD OWNER NAME JOHN C HAMMEREL ETAL TAXPAYER JOHN C HAMMEREL NAME/ADDR 4045 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 14 0014 PRO? ADDR 04080 BAYSIDE RD 01-NER NAME RICHARD R STUELA14D ET AL TAXPAYER R R STUELAND A R L BARBEAU NAME.'AODR 4080 BAYSIDE RD ORONO MN $5359 Ppap Anon OWNER NAME TAXPAYER IOTA; BATCH 005 00012 NAhE / ADOR # 8 HENNEPIN COUNTY PROPERTY INFOPhATION SYSTEM PROPERTY OWNERS LIST 38 OS-117-23 23 0004 03965 BAYSIDE RD L i M KOZIOL LOUIS A A MARI K KOZIOL 3965 BAYSIDE ROAD LONG LAKE MN 55356 38 06-117-23 11 0004 G A M C0t44ELL GARY D C^*1NELL 2645 SHAN AN LANE mou0 MN 55364 38 06-117-23 14 0011 E W SPENCER ETAL E W SPENCER 405 TOW. AMA ROAD LONG LAKE HN 55356 38 06-117-23 14 0015 F A A P R POISSON FRED A POISSON 4010 BAYSIDE RD MAPLE PLAIN MN 55359 EXHIBIT - REPORT W. PI435401 PAGE 8 38 05-117-23 23 0033 M G i S R FILBRANDT MICHAEL FILBRANDT 3960 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 11 0005 04010 BAYSIDE RD F A i P R POISSON FREDERICK A POISSON 4010 BAYSIDE f J MAPLE PLAIN MN 55359 38 06-117-23 14 0013 00405 TONKAWA RD E W SPENCER ETAL E W SPENCER 405 TON(AWA ROAD LONG !AKE MN 55356 38 06-117-23 14 0016 CLINTON C BERG ET AL FREDERICK A POISSON 4010 BAYSIu, RD MAPLE PLAIN MN 55359 ,��_ .i c, _..Y of orivi , , J RUN DATE 07/26/64 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 PROPERTY OWNERS LIST PAGE 9 BATCH 005 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS TMIS DATE ON THE RECORDS OF THE NENNEPIN COUNTY DEPARTHEN Of PRKERTY T XAT:ON, TO THE BEST OF MY KNOWLEDGE AND BELIEF. /�OATEN ' BY iL + • dt t. t ,G Oi L' w' a T 7 4 1 C. r U Y) ( C r. C C.. Q' ya ��..a i� ry. ...:i e) C, f: +a :�, •s i. •ti u�Oiw iCV sr) m S. 48 ,•, ti O N 1) L. 2 as III � W 1 t.. a:l •••t A• m C �a - f.. 1 1 N t. + N O to ..•• �'; C] O v Jv is .:.I 9 ti C. t: > W, a in /✓nl��lp/ r ) o O U c., cv r z c. a C C^, •• C L. b J »I T) .�. .••1 •h O � � / c • A A� ,1 TOfOGWHIC SURVEY TOE I9, CLINTON C. BERG II NORTHEAST 1/4 OF SECTION E Scale: 1" • 50, lA t f• : ! -21 _7C x op sid C G (,o 3aysinr V/a,n mN 553,59 MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 20 i850 DENNIS THOMPSON r 1851 STUELAND i BARBEAU 4080 BAYSIDE ROAD VARIANCE PUBLIC H RING 7:40 - 7:41 PM #852 WILLIAM GREGORY 1410 SHORELINE DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 8 : 4 5 - 8:46 PM 1984. PAGE 5 Thompson stated that no extra lighting would be for this proposal. needed Kelley moved Sime seconded for Dennis Thompson based on the apprfollowo the variance ing findings: 1. The applicant's i Princa located �' 1 residence ors the subject property. will be 2• The application additional as proposed requires standards for the to theno the keeping of dome st Performance 3. The proposed level of use the surroundingwill be compatible with two acre residential prozone. 9 - The use a. proposed If the Presents no more intense a use poerty than a hobby farm use. Motion, Ayes (7), Nays (0). Richard Stueland and Assistant Ramona Barbea; certificate oning Administrator GaffronaS present. of mailing and noted the Publication. mailing noted the affidavit of that the garage be located that staff would structure 10' from prefer to mE>et fire safety requiremAntpr1nciPa] Kelley moved, McDor,alcj variance for S seconded, tc applicant tueland and Barbeau "E'F'rat moving the garage back subject to set hack from the mein ara to meet Nays structure, the lam' Y (0), i'iOtion, Ayes Mrs. Wil?iam Administrator Gregory wthe present. mailing��c,kusth noted Zoning and the affidavit of certificate publication. t :�. Gregory stated that the east side of County there . a smashed culvert on the DNR Road 15. Gregory stated that encouraged them to do this. that the nwetlands doesn't support cat tails9and istated right i le Zoning Administrator Mabusth getting conflicting viewpoints that she has been aq`'nC I9 dred e" concerning points from different WCt1ands. ging in a r3es i gnat E'cl City of ORONO RESOLUTION OF THE CITY COUNCIL NO. GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBD. 9(D) AND 10.27, SUBD 5(B) - FILE i851 WHEREAS, Ramona L. Barbeau and Richard R. Stueiand (hereafter "the applicant") have an interest in the property located at 4080 Bayside Road within the City of Orono (hereafter "City"), and legally described as follows: Lot 1, block 1, Popov Addition (hereafter "property"), and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03 Subd 9 (D) to permit the construction of a detached garage nearer the front lot line than the Existing principal building, and a variance to Section 10.27, Subdivision 5(B) to permit construction of a detached garage within the front yard setback area 50 feet from the property line where a 100 foot setback _s required. NOW, THEREFORE BE 11' RESOLVED by the City Council of Orono, Minnesota: Findings 1. This application was reviewed as Zoning File No. 851. 2. The property is located in the RR-lA Single Family Rural Residential Z.onino District. 3. The Orono Planning Commission reviewed th�., application on August 20, 1984 and recommended approval of the proposed variance as amended based upon the following findings: L) No safety hazard will be created by the construction of this detached garage 10 feet from the existing structure anti 50 feet from the right-of-way of Bayside Road. b) The location of the ex, -sting house an( the topography of the site present a hardship ~o the property and preclude the reasonable construction of a detacheo gararye meeting the normal required setbacks. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the owner and the effect of the propcsed variance on the health, safety and welfare of the community. 5. The City Council finds ..hat the conditions existing on this property are peculiar to it and do not apply genera%ly to other property in this zonirg district: that granting the variance would not adversely affect traffic conditions, light air nor pose a fire hazard or other hazard or other danger to neighboring property; would not merely serve as a convenience to the owner, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the owner; 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 the above findings, the Orono City Council hereby grants a variance LoMunicipal Zoning Code Section 10.03, Subd 9 (D) and 10.27, Sjbd 5(B) to permit construction of a detached garage nearer the front property line than the existing house, and located 50 feet from the front lot line instead of the 100 foot setback required, subject to the following conditions: 1. The detached garage must bt located at least 10 feet from the existing house to meet fire safety requirements. Aut.ho. ities grantee: by this variance run with the property not with the owner, but are permissive only and must be exerci..--i icy application for a building permit within, one yea, I the date of Council approval, or this variance will expire on that date September 10, 193! . City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. Violation of or noncompliance with any of the terms and conditions of this variance shall constitute a violation of the zoni►,g code. shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned owner has read, understoo.: 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 to the property. Adopted by the Orono City Counci: on this loth day of Septenber, 1984. ATTEST: City Cler Property Owner (2) Property Owner (3) Property Owner Mayor City of ORONO RESOLUTION OF THE CITY COUNCIL NO. Ssr.TE OF FiTNNESC"A ) )ss. OF HENNEPIN 1 th:s _ day of 1984, befo -e me a "rotary Pubic _ within and 1 r— said County, pe.sonaliy appeared _ pers'on(s;'described 1n known to me to and who executed the foregoing �e t;ie instrument, and acknowledged that he (they) executed tKe sane as his (t,e:•) free act and deed. NOTAR'i PUBLIC---------- �----_---- --- MY COMMISSION EXPIF2ES-----�----�---_ - S:A7E OF MD,.NESQTAA ) )ss. COUNT'.-' OF }IENtJEPIN ) On this day of , 1984, befos^ me a Nota-y Public within and for said Count y, personal_; appeared known and who executed the to me to foregoing be the __ peryon(s) described in instrument, and acKnowiedged that he (they) executed the same as his (their) fr!,' act and deed. N0?Ai-Y PUBLII --------_-- MYCOMPATS -iUN EXPIRE:, --`� f To: W.R.Benson, City Administrator Oronr Council Members ! t C F From: Jeanne A. Mabusth, Zoning Administrator e: September 5, 1984 Subject: #863 William Gregory, 1410 Shoreline Drive Conditional Use Permit - Resolution trict - LR - lA Pe 'rdinances - Section 10.55, Subdivision 8; St?cation 10.03, Subdivision 19 List of Exhibits: Exhibit A - Application Exhibit B - Plat Map Ex;aibit C - Froperty Owners List Exhibit U - Site Plan Exhibit E - Retaining Wall Exhibit F - Resolution The current application was reviewed as do addvndun a more complex application for a conditional use permit an variance dealing with the major alterat=-)n of all the des ited wet -lands on the Greg--.ry property. The complex phase of the application was tabled pending �-:�tceipt of morf- detailed ini,aymation from the applicant and for alditionral time for the staff to pre standards for the review of applications dealing with e alt,ration protected wetlands. Review of Curient Application - Or, a We inspection of the property, staff was ad.ised of the need tl� •)nstruct a concrete re'_3ining wall that would encroach s_ feet into tha la' -.'-hore protected arna . rhe land alterations that--eated the need far the wall slid .ot appear can .rae origL.:ai N.an. '~hits i� one of the many changes : r additions that cams; up since the original building permit and site plan review. The walkout deign of the larage has required the re. -oval of th< old timbered retaini;lq Mall &n.i Lice cutting info of the adjacent bank. ,`he retaining wal• is required to supi.orL the steep bank and prevent further - s.Lon. Orono Planning Commission September 5, 1984 Page 2 'the wall (See Exhibit E) will be 45' in length beginning at a height of 10' and stepping down to a 2' height located 55' from the edge of the lake. Planning Commission recommended approval of the conditional use permit application of Stanley Gregory subject to the following -onditions: 1. Stacked hay bales to remain along the, bottom of the disturbed bank until completion of the wall. 2. Applicant to submit construction --design information for review to assure the wall will retain the banks. A) Footings B) gross Profile Staff has prepared a resolution of approval that has incorporated the findings snd conditions of Planning Commission's recommendation. CITY OF ORONO' GENERAL LAND USE. APPLICATION ------------------------------------ PROPERTY LOCATION 00 Site Address Property Identification Number (P.I.D.) Please check one -- Is the property abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. ------------------------------------- ------------------------------------- APPLICANT Name !L /�j'�� Z- 'x Phone Mailing Address iC --------------------------------------------------------------------------- OWNER Name Mailing Address Phone Date Property Acquired _ (month/year) I (do) (do not) also own the adjacent parcels of land. -------------------------------------------------------------------------- FEES - Conditional Use Permits a) Residential Accessory Use $100.00 b) Institutional (church, school, etc) _ ^ $100.00 c) Duplex Credit/Bldg d) Land Alteration (grading, filling) r $150.00 e) Commercial/Industrial Use PRG/FiI) - see fee schedule 7 Other Applications $200.00 Vacation $250.00 Rezoning $100.00 Appeals Other - see fee schsdule - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (over) PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) ------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: ---- ------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtain this list frcm Hennepin County Department of Finance A-603Government Center 348-3271) 3. Stamped, legal sized envelopes (/10) pre -addressed to each of the names c n the above list with no return address. 4. Certificate of survey. 5. Construction plans, if applicable. 6. Plat Map. The Applicant and Property Owner must sign this application.- - Please remember that your application is not complete if the above information has not been included. ------------------- ----------------------------------------------------- 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 i s true and correct to the best of his/her knowledge. Applicant's signature Date OWNERS SIGNATURE The owner hereby acknowledges 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 investigation and verification of this request. Owner ' s signature _ ...... Da t o 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 merit h, �. _-.. ruM O - DKT �• so ,3 ,,► - _ . No 00 i� ,c% Z tit AA-E M/NNe 10NK4 �8,vcw,ys 84r) SEC O.T 11T,R 23 43 44 1E IEVER 1. FRIEVAN Cau, T 7 SU A TOM WAYZA►A-99 jr 0 • 41O •j _ �� 0. .. ,'� a l„q'ti .1 •r. f... 1 •fy. ■W ..n s}- r-t . •e A D IT r•� EA y_.i 1! � •A � !� � �_� �,,r`a• �1 'ti \'y� aft• - �`.�',-f �J•` „e O C) �=--- ---- �� M/ ' CA 04 VL it +E ,4 Yt:. v ;5 `.1 \.5' r. �f.�l�+)i �.E +n i' E,) �•• -- �• HO16 mCs,�a: ' �-�\ ,yam E• �s ,.� o /NNE j = • . ,.. `'`` uo t�s : ` we s �. r• /�+ \ A w w.. TV N�f�-4 - `1 n1 ,3Rpµ•NS Bar., 'i-:_...�... �.��_-. � 34 s�;,�.rn,,Rz3 43 r- i' 44 �= ILYEt !. FtEEtiIM PROPERTY OWNERS LIST` EXHIBIT DEPT OF PROPERTY TAXATION A-603 GOVERNMENT CENTER MINNEAPOLIS, MN 55487 LIST S12E� I CERTIFY THAT THE FACTS REPRESENTED ON THIS CERTIFICATE ARE AN ACCURATE AND TRUE REPRE- SENTATIOM Of INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS Of THE HENNEPIN COUNTY INA E DIVISION. TO THE BEST OF NY KNOWLEDGE LIEF IN CO. DEPT.RTY TA71/. DATE,/ / ��Y -- y TAX PAYER / PROPERTY ADDRESS i ID FEEIiER ;I MAILING ADDRESS l; M F� ss-,i,12 S /0 Apt' - rFi✓ss�,a NoT SSA /f0 _- - D D�fL/N v 4 RLOO P� ONE— r�A r9T sHn� E �N sm� Z-!9_ cu«GN �sn qr S E 0 Ti-y .('rlrvo le s�N eon 11��-'y� ENE L Ergn�_- Mr%ss3 s mom_. s >DEC'DIIUIFP�t/Nf��✓B "_. 112/r,N��,n ru�s,r-.MLv_s�3 go r l�SS _ O� /YK-' sA � � n / 3�'EdLtIC.�f � / twee�/I//v / 1 tI rt �,r- ,gs���f�, Loy- oll - •1nkI ,, I •1nkI ,, I ■ -71 • .. � /� p/ :� one 14'Mi ✓fir � // � �•-• `• :1+���.• v�j•►'� .- .'L. �'.-:�..,..,« / _1� (r', 20"Trig l it ' `�\\ \ 4Tree .-� ^ '�M •/ zoo 4 Spec. �Tf !o!Ssc. I 1g* °s j No a� �` '' j'''µ, ;•%.,_ �� ; �' .� -, I� ;' �; � �, � � ,.. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND VARIANCE PER MUNICIPAL ZONING CODE SECTION 10.03, SUBD 19 AND SECTION 10.55, SUBD 8 - FILE NO. 863 WHEREAS, William Gregory (hereinafter "the applicant") has an interest in the property located at 1410 Shoreline Drive located within the City of Orono (hereinafter "the City") and legally described as Lot 1, Block 1, Dragonfly Hill (hereinafter "the prope.ty") ; and WHEREAS, the applicant has applied to the City for a Conditional Use Permit to construct a 45 foot long retaining wall ten (10) feet in height at the north side and tappering down to two (2) feet at the south end as required by Municipal Zoning Code Section 10.03, Subdivision 19 and 3 variance to Municipal Zonir.g Code SEcticn 10.55, Subdivision 8 to permit the construction of a retaining wal 1 that would extend 55' from. the lakeshore instead of the re-;iuired 75 feet. NOW, THEREFORE, BE 11' RESOLVED by the City Council of Orono, Minnesota: Findings 1. The application was reviewed as Zoning File No. 863. 2. The property is located in the LR-lA Lakeshore Residential Zoninq D-istrict. 3. On August 20, 1984, theOroro Planning Commission reviewed the application as proposed and voted unanimously to approve a conditional use permit and variance to the applicant based on the following findings: a) The alteration will have no affect on the surrounding properties. b) The retaining wall wi 11 serve to support the disturbea bank and provide the much need-d control over the erosion of the Lank. c) The location of the well wi 11 have no detrimental effects on the quality of the run,)ff that. enters Lake Minnetonka. d) The City has received no negative comments from the surrounding property owners notified during the review of Application #863. City of ORONO RESOLUTION OF THE CITY COUNCIL NC. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect. of the proposed land alteration on the health, safety and welfare of the community. 5. The Cit y Coi)nci 1 finds that granting a Conditional it a Permit for the erection of a retaining wall as proposed 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 land alteration and the -manner in which the construction is to be carried out to be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that granting a variance for the erection of a retaining wall as proposed is necessary to alleviate demonstrable hardship, is necessary to preserve a substantive property right of the owner and would be in keeping with the spirit and intent of the Zoning Code ani Comprehensive Plan of the City. Conclusions, Order and Conditions Based upon the above findings, the Orono City Council hereby grants a conditional use permit. as required per Municipal Zoning Code Section 10.03, Subd 19 and a variance per Section 10.55, Subd 8 to permit the construction of a retaining wall that would extend 55 feet from the lakeshore of Lake Minnetonka instead of the required 75 feet subject to the following conditions: 1. Staked hay bales are to tie placed along the bottom of the disturbed hank and are to remain until the wall is completed. 2. Prior to construction, applicant must submit construction plan for retaining wall to assure the wall will retain the disturbed bank. 3. No other variances are granted or permitted with this application. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned owner has read, und-_rst.oud and hereby agrees to the terms of this resolution and an behalf of himself, his heirs, successors and assigns, hereby agrees to the recording ,i this resolution in the chain of title of the property. Adopted by the Orono City Council on this 10th day of September, 1984. ATTEST: City Clerk Property Owner(s) Property Owner(s) Property Owner (s) ---_._ Mayor City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. Violation of or nnn-compliance with any of the terms and conditions cif this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this loth clay of September, 1984. ATTEST: City Cler roperty paner(s) Property Ownf r- (s )) Property Mayor City of ORONO RESOLUTION OF THE C11 Y COUNCIL NO. STATE OF MINNESOTA ) C7UN7': OF HENNEpIN 1 On this _ day of _ 1994, before me a Notary Publ i^ within any or —said Courty, personally appeared -p-_---�-)-- -----..._- ___--___------ known to me to a�e-the erson s described in and who executed the foregoing Instrument, and acknowledged that he (they) executed the same as his (their) free act n(j dee(j. MY COMMISSIGW EXPIRE' - STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPI.N ) On this day of _ Public withn� and for sand Count 19P4, before me a Notary r _._._. -..._ y, personally appeared Ee r to rie to the pees-on(s} described in and+who executed the riforegoing instrument , and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PtJP..LIC MYCt3MMISSrIGNX�Ii�_____�._._.__.__.___ Col-: [�'-EIANG HP 10 !y6y TO: C(,unci 1 CITY OF ORONO FROM: dichael P. Gaffron, Assistant Zoning Administrator DATE: September 7, 1984 SUBJFCT- Paul Smith Sewer - Public Hearing List cf Exhibits Exhit,it A - Updated Env?neers Report (ordered and acc -r.ed by Resolution on August 27, 1984 ) and Resolution copies. Exh'_bit B Tom Radio letter 8-23-84 Exhibit C - Copy of citation issued 8-20-8; Exhibit D - August 9, 1984 packet Exhibit E - Gaffron memo 8-9-8),"revised 9-7-84 establishing need for sewer The public hearing at c :00 p.m. is to review the sewer alternatives for the Paul Smith prope-t y at 2477 Dunwoody Avenue, and make a decision how to proceed. Since Smith haE stated he is not going to have a holding tank installed and since the City has denied him permission to install a well, the viable options include: 1. Call for planr and specifications for a City project to install municipal sewer and water lines to the property. This would possibly result in condemnation of easements over portions of Smiths and Powers properties. 2. Commence t tardous building proceedings, requesting that the .•,jjrr- order that the building is uninhabitable. due to itkadequate sewer facilities. i. Both of the above. Please refer to Exhibits A thru B to review this mattet . A resoIut ion ordering plan» and specifications is attached. r1 B000l R"e-var A r—do,. P [ - - — -- --- ------ n.,. rN... .......... I' ! 14a-as [ lom. P [ 0� R..Ar•. ,t R~". P F #KAvd M F,uw, P [ 4.dr•nt. P F Moewl G Sre:,aAr. P [ 1335 V. ei%—A 36 -_ _ p, , ••r , r.'•h•t Ill N t So eh. P[ � u K,A+•+I )r•.r". Pt Do,ud C !.•told+. P[ t 1 S! +wa+.t" 55111 /a wr. r r u... Pt Jell, A sor•do P t PA... 612.636.4600 He•! A Me"*.. P [ Ted K raid. P [ N'r Aaer r Raw.e.. PI Rolvrr R rye!"nM, P r Pro- Iiminary Report on M-,d0[etaete.PI t Aa•:el A f• r4w Dunwoody Avenue :unitary b Water M.lin Survic,' le,.t1 Pi., b. Impruv,'mc•nl Project No. 13925 H+•r+, a c_:, Orono, `tinncsot a August 23, I'M4 S0)pK fnis projvc•t ;Iruvi it's for th.• construction of a sanitary sewer service lint- and water service line to serve a single- onit near Lake ?;innetonka along Dunwuod J :Avenue b,'t w,'.•n C,Jnnt v RZ ),Id 15 and Casco Point :(had in Orono, `l i nne- xut a. FEASIBILITY AND RE(a)`1NERUArI0N5: No. project is feasiblt• as outlined 'herein and is in accur.iance with the San►tary sewer and water rain plans for the City. It is recomnvii1vt that thil- City use this preliminary re- port as a guide for providing sanitary sewer service and watt•r service to this property. DISCUSSION: This ; roj,•.•t would provide sanitary sewt•r service to an existing homa' tivar the sitort•linc of Lak•' Winnttonl,a, The service will require place - men( of a grinder p,jinp to allow discharge of trio- sewage into an existing sani- t.lry sever lat,•r,l1 on D-jnw,lody Avenue. The cost v s t ima t v alsn priviaes an f•stimritc tur water servict' to tn,' prup,•rty. Tht• property owner prt-sently nas access to the properly through his neighbur's properly but utility easements wuu1J be reyuirud to allow for construction of tnis project. Thor property owner has installed the. basin for the grinder pump on his property. This project woul-I brir+g the service lines to th. pr..)prty but would not ►nctaII the pump or mAkt' the• crtnneetion. COS'r ES'r[MATE: 1'hc• c•st itnated cost for the sanitary sewer service and water service is outlined below: SANITARY SEWER SERVICE 80 Lin.ft. TunneI under driveways 6 wall ? $100.00/1in. ft. S 8,000.00 1 Each CIvnn rnits 4 $250.00/eacn 250.00 330 Lin.f1-1/4" P.E. Force main 0 $15.00/lin.ft. 4,950.00 1,000 Sq.yds. Sod '� $4.00/sq.yd. 4,000.00 $17,200.00 104 Cont ingvncy 1,720.00 $18,920.00 *301, L ;;al, Engrng•, Admin. 6 Bond Interest 5,680.00 TOTAL SANITARY SEWER SERVICE ..................... $24,600.00 WATER SERVICE 280 Lin.ft. 1" Copper Service �d $10.00;lin.ft. in same trench 2" PE Force "lain $ 2,800.00 10d Coot inge,nc•y 280.00 S 3,080.00 +30% legal, Engrng., Admin. 6 Bond Intrust 920.00 TOTAL WATER SERVICE ........... $ 4,000.00 GRINDER PUMP AND SERVICE CONNECTION a) S►mplux Station - Property owner insta'lation $ 2,000.00 The cost est imates do not tncli;'.•• permit fees, SAC charges or easement costs. page �. 2916c CONCLUSION: It is recommended that the project be constructed as outlined with construction of the water service line and sanitary sewer service line. It is recommended that the estimated project cost of $28,600 be assessed to the be•nf•fiting property owner. It is recommended that a legal and fiscal re- view be made prior to a public hearing. I nerrby certify that this report was prepared by ne or under my direct supervision and that 1 am a duly Registered Professional Engineer under the laws of the State of Minnesota. Cle•nn R. Cook Date: August 23, 1984 Reg. No. 9451 Page ). 2916c �i 4RIIIORA now CFI�I�Et1 `` To — -•T�— '6 ' I' WATER SERVICE _ I 13' TEMP — — f(A� iI 1 a•TIEM:► CURD STOP 6 BOX —, 171 4. , CLAW YE•E rVICIENAIN PLACE CLEANOUT--' WALL " sd 3d saw fiswomm 1 EX. w 960 ft 950 - -- - STONE REL ,+ :. - -- — -- ---+ — -- -- _ -- -- - 1 Will —"II Y PIE. FORCEMAIN I onsom rurP L ruarP 940 t stoat C . -- -- - _ — — — . 930 t o* - :y�.ti. :us:ssc 20:EtE ORONO MINNESOTA _ City of ORONO RESOLUTION OF THE CITY COUNCIL M 1666 RESOLUTION ORDERING PREPARATION OF A SEWER AND WATER FEASIBILITY REPORT FOR 2477 DUNWOODY AVENUE WHEREAS, for the purpose of protecting the public health and safety and for promotinq the most general public welfare, the City has adopted Ordinance No. 210, The on -Site Sewage Treatment Code, which ordinance regulates the proper design, location, construction, alteration, use and maintenance of on -site sewage treatment systems, and which ordinance established a program for inspection of existing on -site systems to assure a minimum, adequate level of sewage treatment in the City; and WHEREAS, this inspection program has identified a par ;:eI of property located at 2477 Dunwoody Avenue, PID 20-117-23-22-0015, which property is located within the urban sewer service area of the City and which property contains an inadequately functioning, nonconforming septic system located within 15 feet of Lake Minneton' a; and WHI.kEAS, 2477 Dunwoody Avenue is a land -locked parcel of land not abutting any public street or right-of-way; and WIiEREAS, a sewer stub is available on Dunwoody Avenue, which service has not been extended to the actual property line of this property; and WHEREAS, this property has been assessed for sewer trunk availability but has never been assessed for sewer unit or sewer lateral service; and WHEREAS, all adjacent properties do directly abut Dunwoody Avenue, are already connected to municipal sanitary sewer and were assessed for sewer trunk, unit and lateral _"urges; and WHEREAS, a water main stub assigned for this property is available on Dunwoody Avenue and this property has been cssessed for municipal water service availability; and WHEREAS, it is proposed to extend sanitary sewer and municipal water service stubs from Dunwoody Avenue to the actual property line of this subject property and to assess said property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429. City of ORONO RESOLUTION OF THE CITY COUNCIL NO, 1666 NOW, THEREFORE BE IT RESOLVED by the C i ty Council of the City of Orono, 114innesota that the above proposed improvement be referred to the City Engineer for study and that lie is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to the feasibility and estimated cost of the improvement as recommended. Adopted by the City Council of the City of Orono on this 27 day of August, 1984. Mary C. Butl r, Mayor �� ATTE6T orothy Ha11in, City Clerk' -. — 1 Mann I I' " City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1667 A RESOLUTION RECEIVING REPORT AND CALLING HEARING ON THE DONWOODY AVENUE SANITARY SEWER AND WATERMAIN EXTENSION PROJECT WHEREAS, Pursuant to Resolution No. adopted August 27, 1984, a report has been prepared of by the the Council, with reference to the improvement of the Paul Smit�CityEngineer Dunwoody Avenue - PID 29-117-23-22-0915) b llig propertymunicl , (2977 sanitary sewer and municipal watermain extensions, and thus repo tiwas received by the Council on August 27, 1984 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono: 1) The Council will consider the construction of such sanitary sewer and watermain extensions in accordance with the report and the , benefitted property for all orsassment of the single Portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, -t an estimated total cost of the improvement of $28,.00. 2) A public hearing shall be held on such proposed improvement on Monday, in the Orono Counci 1 Chambers at 112751South 984, at ©eRoad and the Clerk shall give Browmailed and published notice ofrovement as P 9 such hearing and improvement required b ' Adopted by the City Y law. Council of the City of Orono, Minnesota, at a regular meeting held this 27 day of August, 1984. 4--, Y C. Bu1�r, MMayor --- ATTE4T: ot�iy M`, a i n EXl`1, Q WANE O. POPMAM ROGER W. SCMNOSRIC. DENVER KAUFMAN DAVID S. DOT' ROBERT A. MINIS. ROLFE A. WORUEN G MAMC WHITEHEAD GOUCE O. WILLIS rAEDEMICA S RICMAAOS ROBERT JO• SUN GAR' w, MACOMBER ■OSENT S. *up- - JG. V. PLUN.ETT, M rwEDERIC. C� 800W1 -0•..S . SEoo '�1 POPHAM, HAIK, SCHNOBRICH, KAUFMAN 6 DOTY, LTD.,, I� ' `Z 4 1- 4344 IDS CENTER !LJ MINNEAPOLIS, MINNESOTA 55402 1ELC1.0.9 •NO TE\CCOPI(• \/I _�J' \ .I 612-333-4600 TRUCE O MALwEwSON JAMES R STEILEN JAMCS •. LOCA.ART ALLEN W MINDERAAEA CLIFFORD M. GREENE O. WILLIAM PAV rMAN DES'L L. PETEwSON MICMAEL O FREEMAN T.OMAS C OAOUILA LARK' D ESPEL JANIE S MA'CRON DAVID A. J014CS LEE E.SMEEM• LE6LIE GlLirrTE MICMAEL T. NILAN P06ERT C. MOILANEN STEVEN G HEI-CNS THOMAS r NELSON T.OMA7 J RADIO DAVID L MAS..ALL ..TMLCCN M. MARTIN JO.N C. CMILDS OOUGLAS P SEATON 6RUCE S M'P.EETERS GAR, D •LACKrORO SCOTT E. RICHTER GREGOR'L.M LMES CL12.6ETM ♦ T.OMPSON OF coVNSEL FRED L MOwPISON August 23, 1984 Mr. Paul Smith 1.1217 Calvert Street. Hollywood Hills, California 91606 Re: Property at 2477 Dunwoody Avenue, Orono, Minnesota Dear Mr. Smith: 2040 PETMC-LEWIS TOWER 717 SEVEI,TEENT. STACE• DENVER, COI.ORADO 60202 TELCP-ONC ANo TCLCCO"C' 303-292-26eO SUITE 607.2000 L STREE'.N WASHINGTON, O C. 20036 'r Lr P..O+IC No TE.ECO• C. 7:2 667-S•S4 This letter is to inform you that the Orono City Council has called for a public hearing to discuss your failcre to correct the sewer problem at your residence within the City of Orono. :he public hearing is scheduled for 8:00 p.m. on September 10, 1984, at the Orono City Council Chambers. The published notice is enclosed. This meeting was scheduled by the Council at their meeting on August 13. ''This will be reaffirmed at their meeting on August 27, 1984, at 7:00 p.m. At the public hearing, the Council will consider the following options: 1, Commence condemnation proceedings to obtain easements over your land and that of the Powers for the construction and placement of a sewer line. 2. Commence a h +ardous building proceeding, requesting that the co order that ttie building is uninhabitable due to inadequate sewer facilities. 3. Do both of the above, Mr. Paul Smith August 23, 1984 Page Two If you have any questions regarding this matter, please contvct me. I encourage you or your representative to attend the September 10, 1984 public hearing so that your positizn wilt be brought to the attention of the Council. Very tr y yours, :'homas J. dio Assist.an City Attorney for the City of Orono 22.60u cl: Walter R. Benson John Gerhandson Michael Gaffron Glenn Cook STATE OF MINNESOTA UNIFORM CITATION NO COUNTY OF HENNEPIN MUNICIPAL COURT A/� 384 0 4 6 0 8 T 8 The -„.- Of. " flrfrs Inal IIr ...,tn — ly na nta Mbw to n n lIM lnr pllensr d♦>clArA . ialgn of lno sv,1 rd¢afr0 NEW ill 10 son I 0 Impoillum .. i !Ld� NN!md*Mmjo FL 1 .4 ma. 0"mmomm mosomm c s l a.e r! •n Ifsoo ,d to I•1.% UUtlon antl unot, III anal Inil If I fail to 00 So _In, ntrtasttl Denall �tf wdl be 1NtfftO •no a walllM •dl Dt I{1ut0 fo' n'r a�tff If a w..'ant �t Iftuttl. a •malty of 130 well •t.••ttl f01nt Not _ - ►:A • f IEaztEEEE�lE■. ON E I ■■■■■■■■■■■ ■■■ ■ gem ■r I m 0 ■n■ra��n�r��■�n � .ae ■�®�� ■■ �on ■■■ • . ■ : mmompmiu©00■■■■ COURT COPY•00 NOT WRITE ON REVERSE ! OFFICER'S COPY 1 P 207 570 468 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED — NOT FOR INTERNATIONAL MAIL (See Reverse) a4 I sii 2ffo' �lvu_ AvisPO S1AT�ANpIIPCOUE _ POSTAGE �— s CERTIFIED FEE VEC1AL DELIVERY t �ETa�t{[ObEuvEAr t s fn S+fOR f:, IYItOY A40 u AaT( M"WIF40 a „ AMD Aotrlss Ds >? nt ivip, . � SRf.'•'~TO YnI11M Af,t CAS! ` ill `vlIIT GZ `� � IO tAa1011 GA r! 1FIp aka uEts o, a11VEA/ Anrfl t � J'.K l Y!•Y ? TO L ! ARIT � Vet PATE t 7aL , TO: Walter R. Benson, City Administrator FROM: John Gerhardson, Public Works Coordinator DATE: August 9, 1984 SUBJECT: Paul Smith Sewer Matter In April 1984 the City Council denied the reques, of Paul Smith, 2477 Dunwoedy Avenue, to place a private well on his property. Mr. Smith was notified of the decission by letter on Apri 1 26, 1984. On July 24, 1984, Mr. Smith cal led me and asked why we would not allow him to put in a well. I informed him of the reasons as stated in the letter of April 26. Mr. Smith stated that he is going to retain another attorney and would get back to me the week of August 6, 1984. I told Paul that if he cc:;; 1d not get the sewer and water connected to his residence the City would begin the necessary action to get the job done and that if I did not hear from him the week of August 6 we would recommend to Counci 1 to proceed. MINUTES OF THE ORONO COUNCIL MEETING HELD APRIh 23, 1984. PAGE 14 LETTER TO PCA* Mayor Butler moved, Counci lmernber Adams seconded, to approve Shardlow's letter dated April 12, 1984 to the MN PCA. Motion, Ayes (5), Nays (0). LETTER TO COUNCIL* Mayor Butler moved, Councilmember Adams seconded, to approve City Administrator Benson's letter to the Councilmembers. Motion, Ayes (5), Nays (0). i PAUI. SMITH MATTER City Attorney Radio stated that Paul Smith at 2477 Dunwoody Avenuc,is proceeding with installation of a holding tank for sewage. Radio also informed the Council that Smith had requested staff permission to install a private well and that it is staff's recommendation not to allow a private well because there is water service available. Councilmember Frahm moved, Councilmember Grabek seconded, to direct staff to inform Paul Smith by letter that the City will not allow a private well. Motion, Ayes (5), Nays (0). LICENSES* Mayor Butler moved, Councilmember Adams seconded, to approve the following licenses: Nova -Frost - Septic System Installer License Lord Fletcher's - Special Parades and Events Motion, Ayes (5), Nays (0). BILLS* Mayor Butler moved, Councilmember Adams seconded, that the All Funds Accounts and Liquor Store Accounts be paid. Motion, Ayes (5), Nays (0). ADJOURNMENT 10:53 P.M. Councilmember Frahm moved, Councilmember Grabek seconded, to adjourn at 10:53 p.m. Motion, Ayes (5), Nays (0). A. TEST : Alberta M. Strom, City Clerk Mary C. Butler, Mayor TO: City Council FROM: Dick Benson, City Administrator DATE: April 19, 1984 SUBJECT: Paul. Smith - 2477 Dunwoody Avenue - Progress Report On January 23, 1984, the City Council approved the installation of a holding tank at the Paul Smith residence at 2477 Dunwoody Avenue as an: option to connecting, to sanitary sewer. I: City Council also encouraged Smith to continue to negotiate an easement with Powers so that a connection to sanitary sewer could be accomplished. On March 26, 1984, Mike Gaffron and I met with Paul Smith. Smith indicated that he had talked to the Powerses and that they seemed agree- able to an easement to Smith. On April 4, 1984, Smith stated to us that he could not negotiate an easement with Powers and was now sure that he would have a holding tank installed. During the week of April 9, 1984, Smith asked City staff if he could p ut in a private well. We advised Smith that we would discuss the matter at staff level because of the fact that municipal water is available. After discussing the matter at staff level, it is our opinion that a private well should not be allowed as there is a water connection for Smith. We also searched the assessment policy and have determined that Smith's property was assessed for 50' of frontage at a cost of $290 for water and charged one unit at a cost of $580 for Smith is not aware of staff's decision on the private well matter. This situation (water service) is not comparaYle to his sewer service assessment since Mr. Smith's sewer charge was not fo- a service, only $9.90 for an area charge. We should discuss the legal implications Monday evening. REGULAIJ MEETING OF THE ORONO COUNCIL, JANUARY 23, 1984. PAG1; 11 Councilmember Frahm moved, Councilmcrnlier Adams seconded, to al"cate up to $5,000 for a study and to retain the services of John Shardlow, Senior Planner with Howard DahlgrendAssociates. Motion, Ayes (3), Nays (0). nr Butler moved, Councilmember ►dams seconded, to rove the letter to the MWCC putting forth Orono Is E.sition. Motion, Ayes (3), Nays (0). t. SMI'I'li MA7"1'L_R City Attorney Malker on distributed a letter concerning the Paul Smith sewer matter. The City Council reviewed two alternatives, one to assess City sewer to the Smith property and the othEr alternative to require installation of holding tanks. After some discussion, the City Council adopted the holding tank concept. Councilmember Frahm moved, Mayor Butler seconded, to require that holding tanks be installed en the Smith property. Motion, Ayes (3), Nays (0). NORTH SHORE DRIVE ;;;INA Bruce Douglas, attorney, and Larry Hork were present. City Attorney Malkerson distributed a letter to the Council on the North Shore Drive matter. Malkerson noted his concern which was in order to rezone property under the statute, that there are certain statutory procedures that the City has to go through. ►-Salkerson stated that he believed the right steps include a public hearing and possibly an amendment to the Comprehensive Plan, which amendment would have to approved by the Metropolitan Council. Malkerson suggested the drafting of a settlement stipulation which would state that in the event that after the public hearing, the City Council would rezone the property, then that settlemient agreement would go into affect. If in fact there wasn't a rezonir.g then the agreement would be void. Mayor Butler asked about how the Council would go atJout granting the building permit. City Attorney Malkerson stater4 that he didn't think you could legally grant a building permit for a building which is not permitted in the conditional use In the present zone. Malkerson stated that the statute says that you may not by variance grant pe1mis-,101) to build something for a use that isn't listrd as a permitted use. • 1 toninglwdministrator Mabusth stated that the staff has already scheduled a public hosting for the resoning for February 21, 1984- at the Planning Coanmission r TO: ✓Walter R. Benson, City Administrator Glenn Cook, City Engineer Bruce Malkerson, City Attorney John Cerhardson, Public Works Coordinator Jeanne Mabusth, Zoning Administrator PROX: Michael P. Gaffron, Septic Systems Manager DATE: ,Tanuary 18, 1984 SUBJECT: Paul Smith - 2477 Dunwoody Avenue - Holding Tank Feasibility As per Bruce Mal.kerson's suggestion, I have conferred with various contractors as to the feasibility and costs involved in installing a holding tank system to serve the Smith residence as an alternative to connection to sewer. Based on the extreme elevation difference between the upper and lower levels of the Smith property, the most feasible holding tank alternative is to place a grinder pump in the pumping cham'--er which Smith has apparently already installed, and pump the entire se�:ace flow tj a holding tank located on the high ground east of Smith's house. A rough estimate on the cost for this installation: 1 - 1500 gallon precast concrete tank (installed) $1,500-$2,000 Grinder pump and force main to tank (installed) $1,5G0-$2,000 Total estimated cost 1 $3,000-$4,000 (Add $500t for a 2,000 gallon tank instead. Note that most pump trucks working in our area can only handle a 1,500 gallon load) Maintenance costs - pum outs Holding tanks are an aconunical alternative to sewers or septic systems only under minimal or seasonal usage. Published data suggest actual water use for single family residential units averages 45 gallons per person per day. (This is somewhat less than the 75 gpd/person rate used in septic syst,.m design) Assuming two people at 45 gpd/person for the three month summer period: 2 X 45 gpd X 90 days = 8,100 gallons for the summer. 9,100 . 1,500 gallon tank capacity - 5.42 or 6 The tank would have to be pumped out six times over the course of the summer at a per pumpout cost of $75-$100, so estimated pumpout cost would be $450-$600 for the summer under these water use conditions. The Or -Site Code (copy attached) includes requirements for metering the water used, a disposal contract, and warning systems to prevent accidental r':« . `low. M i 1 SECTION' 7 HOLDI NG__rANKS General olding tanks shall be considered for replacement systems only if there are no other alternatives and it can be shown that -heir instn1lation will eliminate a public health or pollution ..azard. Construction ..O lding tank shall be constructed of the same materals and by same procedures as those specified for watertight septic _a S. C. Access =. cleancut pipe of at least six inches diameter shall extend to z:-.e ground surfac- and be provided with seals to prevent odor anc to exclude insects and vermin. A manhole of at least 20 :-C„es least dimension shall extend through the cover to a point hin 12 inches, but no closer than six inches below finished grade. The manhole cover shall be covered with at least six _:-.ches of earth. D. Ipth of Bury :'�-,e t_ank shall be protected against flotation under high wat.er- table conditions. This shall be achieved by weight of tank, earth anchors or shallow bury depths. Capacity (1) For a dwelling the size shall be 2,000 gallons, or 400 gallons times the number of bedrooms, whichever is greatest. (2) For permanent stivctures other than dwellings, the capacity shall be based on measured flow rates or estimated flow rates. The tank capacity shall be at least five times the daily flow rate. F. Location Holding tanks shall be located: (1) In an area readily accessible to the pump truck under all weather conditions. (2) As specified for septic tanks. I 11 (3) Where accidental Gpillage during pumping will not create a nuisance. G. Water Meter A water meter shall be required with all holding tanks to measure the flow to all plumbing fixtures except the outside sillcocks.. Readings shall be submitted at least quarterly to the piLmpei and the City. Readings shall be used to establish the amount of sewage purnped and hauled. H. Contract A contract for disposal and treatment of the sewage wastes shall be maintained by. the homeowner or pumper and a copy shall be given to the City. I. Accidental Overflow Holding tanks shall be monitored to minimize the chance of accidental sewage overflo•,,. Techniques such as visual observation, warning lights or bells, or regularly scheduled pumping shall be used. For institutional use, a positive warning system shall be installed which allows ?_S percent reserve capacity after actuation. 4 3 -1 -1, - , I tjoLt�./iV(v, TANK sytre-M ranuary 10, 1984 Mayor and City Council City of Orono Box. 66 Crystal Bay, Mn. 55323 Cea r t'ayor and C i , Counc i I: This is to answer a letter we recieved from Bruce Malkerson'today. Tom Rutten, Paul Smith's attorney, called two days before Christmas and acein betr:een Christmas and New Years. He spoke both times to Mrs. Powers. Fe said he would call back around Jan. 3• We have not heard from him to date. We have been waiting since Sept. to hee- something from Smith or his attorney. Finally %..e gave up and Plans A,B,C were put array. We found that the value placed on our lot by the company doing the plans was about $26,000 less than that of it's taxed value. We agreed to a plan over one year ago, and do not need nor want to wait 30 days longer, we have been waitirig for 2 years for Smith to get his act together. Nor, Widmer looked at both lots the first of Sept. We would be glad to have his company do the work and would leave the decision to him as to v:hich Plan he thinks would be the best and with the least damage to the crourds. If Smith changes contractors, again, we request to be informed. Smith nor his attorney has presented any kind of an agreement to us. We told Tom Rutten that we would require all plans for repair of she land in r:riting. We refuse to take blame fer delaying this project, it has costed u- much wasted time and many dollars. The selling of either house has been im- possible for the last two years because of this delay. Mrs. Powers told the Council almost 2 years ago that we wanted the project completed "like Yesterday". The Smiths were here for about 4 weeks last summer but made no attempt to settle the problem. Please do what you can to bring an end to this invasion of our privacy and the waste of all of our time. Very truly yours, •1 1.. cc Bruce Malkerson Tcm Put ten ,� POPHAM, f AIK, SCHNOBRICH, KAUFMAN & DoTY LTD 474A 105 CENTER [AINNEAPOIIS, MINNESOTA 55402 ICIEO..O.E ...o TCCCCooi[. 612•333.48 00 wA TNC G. PD.... aRUC[ O. w I..0 R! ON Rostov C. MOIIAN[N 2060 PETRO-ICW,S TOw[R ROGER W. SCNNoaRICN JA.rCS R. S1. -LE. STCVCN G. NrI E.S 717 SEVENTEENTH STREET OEN t" ..UI'M.N JAMCS a. LOC.NART TMOMAs r. NELSON DENVER. COLORADO aO202 CAVID S DOT, ALLCN W. MINOEft I ER TNOMAS J. RADIO 1[l[.N0.0 AND IEICCOFIE. •COCRT A. MINIS. CIIrrORO M. G.CE.It .AT -LEE. M-MARTIN 303-:9:•2660 R OLI[ A. WORDCN O. WILL -AM MA Vf MAV JONN C.CNILOS .. ....0 w..ITCMEAO OCSTI I.PCTCRSON DOUGLAS P. SC.TON •■UCE 0. WILLIS MICNAEI 0. FREEMAN 6RUCE a. N.PNCEIC.S SUITE SOZ-2000 l STREET, N. W. IRCOERIC. S. ..CN.Ros TNO.IAS C. O'.OU." GAR. D. alAC.fORO wA5N1N(ATON, O. C. 20036 ,. RCsCRT JOMNSON LANNI D. CSPCI SCOIT E. RICNTCR 1CLEFMONE .NO 1c,ccoFIE. ,,ART R..+.COMac. JANIE S. MATENO. GREGOR♦ I. WILMCS 202 -681-51S. :SERT S. sun. OAv 0 A. JONE t. cu2.ecTN A TNOMPSON V6•. V. PIUNAcT7, M LEE C. SNEEM I ECCRIC. C. GROWN LESLIE GILLETTE or Co...11" '_CM-S .. SC-0 MICMACL T. NILAN rato 1. MORP.SoN January 5, 1984 Fol l f7E1 A Mayor and City Council IFV J r IUgq BoxCity66 f Orono CITY OF `Uj . , i Crystal Bay, MN 55323 ---1 Re: Paul Smith/Mr. and Mrs. Powers Dear Mayor and City Council: At a prior City Council meeting, the Council asked me to determine the status of the negotiations between Mr. Smith and Mr. and Mrs. Powers for a sewer easement over the Powers' property to the Smiths' property. Tom Rutten, the attorney for Mr. Smith, and I have been exchanging phone calls for several weeks on this matter. I spoke to him today and he said that he has been out oc town all of November and half of December on a major litigation case in New York. He stated that he has spoken on three occasions with the Powers but he has not been able to work out any details with them concerning the acquisition of the sewer easement. The Powers have stated to him that they need more time to review the appraisal previously submitted by the City. He has informed them that the City has asked that they resolve this matter immediately so the City need not become further involved and the Powers have told him to tell the City that they want more time. He has been given authority from his client to negotiate the easement on behalf of Mr. Smith. Mr. Smith would like to use Plan C providing for the construction of the sewer under the existing easement. Apparently the Powers may want to use Plan B which provides for the construction of the sewer in a different location. However, the Powers have not said that they are willing to agree to any purchase agreement regardless of the plan that may be used. �- I January 5, 1984 Page 2 The Smiths did not use their home last year because of reasons unrelated to the sewer easement and this summer they will probably not be spending much time in Minnesota. In the event that they do spend time in Minnesota, they have no need to use the home and they will live in their motor home in which they travel anyway. Therefore, there is no possibility of the Smith's needing to use the home prior to any reasonable settlement of this matter. However, we know that sooner or later the house needs to be hooked up to municipal sewer. Since the parties are talking about settling their differences, I recommend that we wait 30 days before the City Council passes any resolution commencing condemnation. There are numerous advantages to the Powers if they are able to work out an agreement with the Smiths short of condemnation such as release of other easements, etc. that I have discussed with all of the parties before. Once we commence condemnation, then there is no incentive to the Smiths to work anv agreement out with Powers. Very truly yours, �0-, A94��� Bruce D. Malkerson BUM/ jf CC: Mr. Thomas H. Rutten Mr. and Mrs. Powers 1--_ f.�Walter R. Benson Mr. John Gerhardson 3692j TO: Walter R. Benson, City Administrator FROM: John R. Gerhardson, Public Works Coordinator DATE: November 23, 1983 SL'�-::JECT: Paul Smith Matter - 2477 Dunwoody Avenue The following is a calendar of events in regard to the Paul Smith sewer matter since the appraisal was completed in JL'v, 1983! 1:ucus4l- 11, 1983 - A copy of the appraisal mailed to Smith's attorney, Mr. Tom Rutten, with a letter stating options. Aucust 19, 1983 - City Engineer Glenn Cook and myself met with Paul Smith to discuss easement options. Mr. Smith was going to contact his attorney about easement options. Sent. 27, 1983 - City Planner Alan Olson called Tom Rutten's office. Mr. Rutten was not in, a message was left for Mr. Rutten to contact John Gerhardson. Oct. 6, 1983 - I called Tom Rutten and tie told me he would be contacting the Powerses on October 21, 1983. Oct. 27, 1983 - Called Tom Rutten's office and left a message to call me. Ncv. 1, 1993 - Letter. to Tom Rutten to contact me to avoid other action by the City. Nov. 8, 1983 - Call from Tom Rutten explaining that he had been out of town and unable to contact Powers about easement. I suggested he do something as soon as possible. ::ov. 22, 198? - Called Tom Rutten to find out if he was able to contact Powers about easement. Tom stated that his schedule has not allowed him to get in touch with Powers yet but thought that he would very soon. I informed Mr. Rutten that the City had been very p.tient about the matter and that if something is not resolved soon the City Council will direct staff to proceed with condemnation. Mr. Rutten apologized for the delay and explained that lie had been out of town a great deal in the last few months but would try to resolve the matter as soon as possible. TO: Alan P. Olson, City Planner FkOM: Michael P. Gaffron, Septic System Inspector D.:TE: August 9, 1982 SUBJECT: Paul Smith, 2477 Dunwoody Avenue - Septic System Review On Wednesday, August 4, 198" I received a call from Paul Smith requesting an inspection of his septic system. I subsequently made the inspection that same day. The system consists of two septic tanks, one of which we opened. No drainfield is known to exist. The tank that was opened had a 3' liquid depth and approximately 3' air space/ manhole above the liquid for a total depth below the surface of about 6'. The surface at that location is about 6' above lake level, hence I conclude that the tank bottom is at the same elevation as the lake. This tank did not appear to have a solid concrete bottom. Horizontal distance from this tank to the lake was measured at 27'. The second tank, which was not opened, was pointed out by Mr. Smith as being straight towards the lake from the first tank, and is presumed to be also dt lake level and about 20' from the lake. No visible evidence of current or previous surface discharge from the tanks was seer.. No pipe leading into the lake from the septic system was noted. However, with the non -sealed tank bottom at lake level, and only 20-30' from the shore, the system does not meet shorelar,d septic system requirements (75' from shore, 3' above water table) and Is a potential pollution, hazard. ADDENDUM 9-7-84 It would be extremely difficult or impossible to prove a health hazard now exists on the Smith property, i.e. There is no visible or discernible discharge of sewage and with no recent usage of the system, it is unlikely that analysis of the water at the lakeshore would conclusivuiy show a pollution threat. However, we will be sampling in the Crystal Bay area this week and will collect samples from Smith's lakeshore for analysis. We can show potential health and pollution problems by inference, based on the actual location and design of the system in relation to code requirements. For phosphorus retention reasons, we require a 75' lake setback for septic systems. This system is much closer than the required 75', does not meet either local or DNR minimum setbacks, and we can infer that there is a potential phosphorus discharge to the lake. Since the tanks have open (not sealed) bottoms at lake level, we infer they discharge untreated sewage directly intc the Lake- shore water table, and we infer based on the lack of a required vertical separation distance between the discharge point and the water table, that the sewage never gets treated, hence viruses and pathogenic bacteria may be carried into the :ake with the natural groundwater flow. EXFr TO: Alan P. Olson, City Planner FROM: Michael r. Gaffron, Septic System Inspector DATE: August 9, 1982 SUBJECT: Paul Smith. 2477 Dunwoody Avenue - Septic System Review On Wednesday, August 4, 1982, I received a call from Paul Smith requesting an inspection, of his septic system. I subsequently made the inspection that same day. The system consists of two septic tanks, one of which we opened. No drainfield is known to exist. The tank t'.:.t was opened had a 3' ligUid depth and approximately 3' air space/ manhole above the liquid for a total depth below the surface of about 6'. The surface at that location is about 6' above lake level, hence I conclude that the tank bottom is at the same elevation as the lake. This tank did not appear to have a solid concrete bottom. Horizontal distance from this tank to the lake was measured at 27'. The second tank, which was not opened, was pointed out by Mr. Smith as being straight towards the lake from the first tank, and is presumed to be also at lake level and about 20' from the lake. No visible evidence of current or previous surface discharge from the tanks was seen. No pipe leading into the lake from the septic system was noted. However, with the non -sealed tank bottom at lake level, and only 20-30, from the shore, the system does not meet shoreland septic system requirements (75' from shore, 3' above water table) and is a potential pollution hazard. ADDENDUM 9-7-84 It would be extremely difficult or impossible to prove a health hazard now exists on the Smith property, i.e. There is no visible or discernible discharge of sewage and with no recent usage of the system, it is unlikely that analysis of the water at the lakeshore would conclusively show a pollution threat. However, we will be sampling in the Crystal Bay area this week and will collect samples from Smith's lakeshore for analysis. We can shca potential health and pollution problems by inference, based on the actual location and design of the system in relation to code requirements. For phosphorus retention reasons, we require a 75' lake setback for septic systems. This system is much closer then the required 751, does not meet either local or DNR minimum setbacks, and ue can infer that there is a potential phosphorus discharge to the lake. Since the tanks have open (not sealed) bottoms at lake level, we infer they discharge untreated sewage directly into the lake - shore water table, and we infer based on the lack of a required 3' vertical separation distance between the discharge point and the water table, that the sewage never gets treated, hence viruses and pathogenic bacteria may be carried into the lake with the natural groundwater flow. ,4a6 " -.VL- rVP:. cx City of ORONO RESOLUTION OF THE CITY COUNCIL NO. RESOLUTION ORDERING PRE13ARATION OF PLANS AND SPECIFICATION FOR PAUL SMITH SANITARY SEWER AND WATER14AIN EXTENSION AT 2.477 DUNWOODY AVENUE WHEREAS, on August 27, 1984, the City Cour:ci) ado;,ted Resolution 01666 ordering preparation of a feasibility report regarding proposed sanitary sewer and municipal watermain ex'_ensions to serve the Paul Smith property at 2477 Dunwoody Avenue, P.I.1). 20- 117-23-22-0015; and WHEREAS, on August 27, 1984, the City Council adopted Resolution #1667 accepting the feasibility report and calling for a public: hearing on such improvement; and WHEREAS, direct mailed notice to all affected property owners and ten days published notice of the hearing through two weekly publications of the required notice was given, and the hearing was held thereon on the loth clay of September, 1984, at which time a] 1 persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the lot for which sewer and water service is proposed is located within the Urban Sewer Service Area of the City of Orono, but it has never previously been assessed for sewer lateral service because it is a landlocked parcel not abutting any public street or right -of -way, and because the avai lable sewer servi ce stub was not previously extended from the public right-of-way t,-, the boundaries of this parcel. NOW, THEREFORE, BE IT RESOLVED, that the City Counci 1 of the City of Orono, pursuant to Chapter 429 of Minnesota Statutes, does hereby order Bonestroo, Anderlik and Associates, Engineers, to prepare -' Inc., City P P -s and specifications for the extension of municipal sanitary sc: -municipal water main Fervice from the existing service stubs -d in the right -of -way ct Dunwoody Avenue to the Paul Smith property described above. Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held this 10th day of September, 1984. ATTI,ST: Dorothy M. Hallin,� City Clerk Mary C. Bu r, Mayor l� TOz Council FROM: Tom Jacobs, Fire Inspector DATE: September 7, 1984 SUBJECT: Big Island Vets Camp, Orono - Update C 0 U C I L M'�-�-��N� SEP 10 193.+ CITY OF Cf 10NO The folowing events have occured since August 20, 1984: August 20, 1994 - Letter sent to Mr. Becker and Mr. Donlin notifying them that an inspection would occur on August 24, 1984 and explaining the citations that were written. (See Exhibit A) August 23, 1984 - Memo to Dick Benson explaining what I proposed to do on Big Island Inspection scheduled for August 24, 1984. (See Exhibit B) August 24, 1984 - Inspection made - letter hand delivered to Mr. Becker closing the camp. (See Exhibit C) August 24, 1984 - During inspection, citations were issued to Mr. Donlin and Mr. Becker. (See Exhibit D) August 27, 1984 - Memo to Dick Benson on the August 24, 1.984 inspection (See Exhibit E) August 28, 19U4 - Meeting at City Hall with Becker, Donlin, Benson, Mabusth, and myself. Shawnesy (County Commissioners office) was also present. (See Exhibit. F) August 29, 1984 - Received a call from Electrical contractor that work couldn't be done that was agreed upon at meeting until following week. (See Exhibit G) August 31, 1984 - Follow-up inspection was conducted and citations issued to Becker and Donlin. (See Exhibit H) September 4, 1984 - Memo to Benson about citations that were issued can August 31, 1984. (See Exhibit H ) September 6, 1984 - Received a phone call from Donlin complaining of the citations issued. (See Exhibit I) f I Tl _ _.,,...G..►.%....R,. CITY of ORO NO Post Office Boa 669Crystal Bey. Minnesota MY323• Municipal Offices On the North Shore of Lake Minnetonka Aun- 20, 1984 Mr. Richard Becker 629 Third Avenue Excelsior, MN 55331 Re: Fire Code Violations at P, sland Vets Camp Dear Mr. Becker: Inspections have been conducted on the above subject proper, y on July 2, 3, 11, 19, and July 24, 1984. On August 9, 1984 a follow-up inspection was conducted and corrections were not. made: and citations were issue-] for the following: 1. Use of plastic trash cans. Pursuant JFC 11.201(b). 2. Use of extension cords. Pursuant. to - 85.104. 3. Use of fan in dining area whist: is an electrical hazard. Pursuant to MUFC 85.104 and 85.109. 4. Use of multiplug adapters. Pursuant to MUFC 85.107. 5. Improper instal lationoffire extinguisher--over5'cff floor in kitchen. Pursuant to MUFC/NFPA 10-16.9 6. open fire without permit. Pursuant to MUFC 11.101(g). 7. Unattended open fire. Pursuant to MUFC 11.101(g). Gn August 14, 1984, another follow-up inspection was conducted and citations were issued for violations which were not corrected as follows: 1. The stairs at the south entrance must be replaced or repaired. Pursuant to NFPA 101 Section 5-2.2.2.3 2. Handrails shall. be provides] on stairs on south entrance. Pursuant. to NFPA 1('1 Section 5-2.2..34 3. Failing to have an a, :horized electrician check facility for proper. wiring. Pursuant. to MUFC 85.1.04. Although citations have been issued for the above violations, this does not mean that you do not have to correct them. �lILUI%1.• 4711)!1 • 4INIMISia41"1% • I MAM I 4' 1 ' J • 11klH "�!No,. A : + t'. Mr. Richard Becker Page 2 August 20, 1984 On Augus' 24, 1984, an inspection will be conducted on all violations which are required to be completed including the ones listed above. If they are not completed, citations will be issued to you and the matter turned over to the City Attorney for appropriate leg31 action. If you have any questions, please feel free to contact me at my office. Sincerely, LL Thor,a s J . Jacobs Fi e Inspector ps pc: Long Lake Fire Department Walter R. Benson, City Administrator Tom Radio, City Attorney Mel Kilbo, Police Chief Jeanne A. Mabusth, Zoning Administrator Jeff Olson Jerry Donlin CITY of ORONO Post Office Box 66•Crystal flay, Minnesota 55323•Municipal Offices On the North Share o/ Lake Mlnrfetunkg.j , I , , . August 20, 1984 Mr. Jerry Donlin Big Island Veterans Camp Box 187 Excelsior, MN 55331 Re: Fire Code Violations at Big Island Vets Camp Dear Mr. Donlin: Inspections have been conducted on the above subject property on July 2, 3, 11, 19, o-d July 24, 1984. On August 9, 1984 a follow-up inspection was conducted and corrections were no-_ made and citations were issued for the following: I. Use of plastic trash cans. Pursuant to MUFC 11.201(b). 2. Use of extension cords. Pursuant to MUFC 85.104. 3. Use of fan in dining area which is an electr]cal hazard. Pursuant to MUFC 85.104 and 85.109. 4. Use of multiplug adapters. Pursuant to MUFC 85.107. 5. Improper installatir.-:i of fire extinguisher- -over 5' off f loor in'kitchen. Pursuant to MUFC/NFPA 10-16.9 6. Open fire without permit. Pursuant to MUFC 11.101(q). 7. Unattended open fire. Pursuant to MUFC 11.101(g). On August 14, 1984, another follow-up inspection was co" ucted and citations were issued fGr violations which were not cc..recte:l as follows: 1. The stairs at the south entrance must be replaced or repaired. Pursuant to NFPA 101 Section 5-2.2.2.3 2. fiar,('rai�s shall be provided on stairs on south entrance. Pursuant to NFPA 101 Section 5-2.2.34 3. Failing to have ar.authcrized electrician check facility for proper wiring. Pursuant to MUFC 85.104. A,Lthough citations have been is:.ued for the above violations, this does nc)t mean that you do not have to correcc. them. bt lLUIM, a /t Ak11111%Is I M S 114/% 1 1%A%t1 41) 11Sx 0 rI r( t( M uw ►. � I' 1 ' µ � Mr. Jerry Donlin Page 2 August 20, 1984 On August 24, 1984, an inspection will be conducted on all violations which are required to be completed including the ones listed above. if they are not completed, citations will be issued to you and the matter turned over to the City Attorney for appropriate legal action. If you have any questions, please feel free to contact me at my office. Sincerely, 1 4. Thomas J. Jacobs Fire Inspector ps pc: Long Lake Fire Department Halter R. Benson, City Administrator Tom Radio, City Attorney Mel Kilbo, Police Chief Jeanne A. Mabusth, Zoning Administrator Jeff Olson Richard Becker EX I'a 11E 3 i T ,... j.r...-.,...... To: Walter R. Benson, City Administrator From: Tom Jacobs, Fire Inspector Date: August 23, 1984 Re: Big Island Vets Camp code violations On August 24, 1984 I will be making a follow up inspection to see if any corrections have been made on the buildings. Citations will be issued for all violations not corrected. If work has not been started on correcting the electrical hazards. I will be closing the camp pursuant to Minnesota Uniform Fire Code Section 2.204 (C) which states: The chief may order the operation or use stopped, or the evacuation, of any promises, building or vehicle or portion thereof which has or is a fire hazard. If you would like to meet on this matter, please feel free to contact me in my office. pc Long Lake Fire Department Mel Kilbo, Police Chief Jeanne Mabusth, Zoning Administrator August 24, 1964 Mr. Richard Becker 629 Third Avenue Excelsior, MN 55331 CITY of ORONO NO ) Post Office faux 66•CrystaI Baip, Minnesota 55.'Ui* Municipal Uffu es On the North Shore of Lake Minnetonka HAND DELIVERED Re: Big Island Vets Camp - Fire Code Violations Dear Mr. Becker: Since you are in charge of the Big Island Veterans Camp in the position of camp manager, I hereby notify you that the camp is closed as of this date pursuant to Minnesota Uniform Fire Code 2.204 (c) for not complying with correction notices to abate fire hazards as follows: ]. Have an authorized electrician check facility for proper wiring, prcvide plan of repair, and have repairs started pursuant to MUFC Section 85.104. 2. Board up al l windows and doors at the bath house and arch building, and remove all items from buildings pursuant to MUFC Section 11.411 and Section 11.412. After speaking to you, it appears that none of thework required will be taken care of by the deadline dates noted in the two previous letters. The above items are considered fire hazards and must be corrected before the camp can reopen. If you have any questions in the future, please feel free to contact me at my office. Sincerely, Thomas J. mobs Fire Inspector ps Enclosur-- Minnesota Uniform Fire Code (MUFC) 2.204 (c) pc: Long Lake Fire Department Walter R. Benson, City Administrator Mel Kilbo, Police Chief Tom Radio, City Attorney Jeanne A. Mabusth, Zoning Administrator Jerry Donlin Mt 1114%, ♦ Pj%j%t, 471 71%7 %!ill% A I IN %%( I 1' 1 ' )41! • ►1 i11 N MU1 Al 471 71j4 August 24, 1984 Mr. Richard Becker 629 Third Avenue Fxcelsior, MN 55331 Pilaf Office Box 66•Crystal Nay. Minnesota W'23•Municipal Offers On the North Shore of Lake Aftnnetonka HAND DELIVERED Re: Big Island Vets Camp - Fire Code Violations Dear Mr. Becker: Since you are in charge of the Big Island Veterans Camp in the position of camp manager, I hereby notify you that the camp i s closed as of this date pursuant to Minnesota Uniform Fire Code 2.204 (c) for not complying with correction notices to abate fire hazards as follows: 1. Have an authorized electrician check facility for proper wiring, prcvide plan of repair, and have repairs started pursuant to MUFC Section 85.104. 2. Board up all windows and doors at the bath house and arch building, and remove all items from buildings pursuant to MUFC Section 11.411 and Section 11.412. Af ter speaking to ycu, it appears that none of the work required will be taken care of by the deadline dates noted in the two previous letters. The above items are considered fire hazards and must be corrected before the camp can reopen. If you have any questions in the future, please feel free to contact me at my office. Sincerely, Thomas J. a�obs Fire Inspector ps Enclosure- Minnesota Uniform Fire Code (MUFC) 2.204 (c) PC: Long Lake Fire Department Walte: R. Benson, City Administrator Mel Kilbo, Police Chief Tom Radio, City Attorney Jeanne A. Mabusth, Zoning Administrator .terry Donlin Itllitd\�.tt/►�\1\e, ♦,))IS7 • ""11\NINADN)\Alt\A\l1 47)a r►fit u V%Oft 0,% • , 1iS1 Atit\e, 2 lW2,M UNIFORM FIRE CODE - circumstance is held invalid. the remainder of the cotlearil the apnccatiain of %u%h rrol oaon to tvhcr reerwin% or c irc wii%tanec% %h,t'l nor Iv affected Iherchv Division It DUTIES AND PROCEDURES inspections and Unsafe Buildings Sect. 2.201. 111 The firc prrvcntton bureau shall in%rccf, a% often a% may he nccc-an. all buildinc% and rrcmr%es. including %uch either haf.ird% or aprliancc% a% the chief' rriay designate for the purr -me of aKcrtaining and cmisine to he clarc0Cd any condnrane +%high would rca%ortahl% tcrul to cause lire or contrihute to ;I% spread, or any %iolaiion of the purrsxc or pro%i.ions of this code and of am ,,(her law rx uandard affecting firc safety (b) All buildings or structures which are structurally unsafe or nail rro%,:Sett w uh adequate egress. or which consrilute a firc hazard air arc Otherwise danccroti% to human life. or Nhi. h in rcLet+on to CA1%ling u%c COnItititlC a harard it, %.Octy or health air public welfare. by reason tit in.utequ.tt: rn.untcn.in%c. drlarulauon. +t%%olescence. fire hazard. disasic• damage air ah:indonnicni a% %riectficd in this ride Or am other effccttvc ordinance, arc. for the purpose of this section, unsafe ?, Odings All such unsafe buildings are hereby declared to he public nuisances m shall be ahatcd by repair, rchahilitNum. &nsoiition or rcrrht%al in accordance h the rroccdurc speedtcd in Ch.irtcrs .t through 9 of :he Uniform Ctx(c for the r +n r. rf D3r1Fcr0u% RtnleftncA or 11% in, other proce0ures pros ideal h% l.i%% Investigations See. 2.202. (a t The firc department shall In%c+tieatc promptly the cau%c. origin and cacurnstances of each and even firc incurring in the jurisdiction in%nh•ing k+ss of life or injury to lxrson Or destruction or damaec to property and. If it arnxx% to the hurcai of Investigation that such firc I% of susriciou% Origin, they shall Ilfen• take immediate charge of all physical evidcn:e rclating to the cause Of the fire and shall rursuc the investigation to it% conclusion The firc rre%cntion cnFinecr shall make a report in writing to the chief of all facts and firthng% relative to each imestigatcon and. should it aprxar during arty in%c%tipation that a fire i%of %utpteu%us ongin he shall nrittri, ,hc chic! forthwith tha The poltce dcrartrrieni %hall a%%i%i the fire derartneni in u% tnyc%tigation% whC"C%Cr requested ru do so. unlc%% ovhcrwt%c directed M The slue( Of T ohcc Records and Reports See. 2.291. (at the firc department shall Leer a record of all fare% occurring within is p "dictxxa and of alp f.ei% corccrnine Cite same. irwtudmg %tait%tics 1% to the extent of %ck h fire% and the d.imacc ..ai%ct' there ilia 1,,goticr w th %ugh ovtter information as may he rcqutrcd by the chief h! The tiro prc%entnxl bur cat %hall retain for MN Ica% than farce vcart a recorct id each tn%rx;titen and tnve%tigathxi oiatle %Iw%%ine Ili: %_wi%c. the Irri.liric%.uhl dt%r+tt%tion of each %u.h m%rCcuon or in%e%tigahor, 1982 EDITION i.204-2.205 Orders, Notices and Tags Scc. 2..'04. (1) %k'hcncvcr the chief or h;%dui% authorized represcntatavc .hall find in any building or on any rxcnn%:% coniht.t,hlc, harardous or cxpiosiyC materials or dangerous accumulation, of rubhi%h, or unnecessary aeeumula'tons Of wastcparcr. boxes. shavings or am highly flarrimablc materials which arc so situated :t% to endanger life ax rrteren%, or .hall find oh%tructions to or or fire c%capc%. stairs, pas%jeo-ays, dther% Or %%endows that rca%onabl%,end to interfere with the oreralions of the (ire dcpartnicnt or the egress of the occupants of such building or rrcniscs, or .hall find that the cffcctiycne%% of any exit door, tint separation or any fire separation wall i% rcduc_d, or shall find that this code is Ming yt.ilatcd. he shall i%%tic such order% i% mac' tic nccc%%arc for the enforcement of the fire prc%cotion boss and onlinancc% eo%crning the same and for the sa(cguar%iing of life and property from firc. (b) Whcnc%cr the chic( air lit, dul% at+thonzcd representative deems am chimney, smokestack. stow. over. Incinerator. furnace or tither heating device. electric fixture or any aripuricn:mrc thcro o. or an%thing reculatcd under a nationally approved %t,indord in or ureten ant budding. %truclurc or premt%c% not spectficaily nic.itioncd in thi% Ctatc. to tic dc(ecit%c or unsaft in as to create an nnrnedaaic hazard, he shall gene u1nin the o%%ncr or the ricr%on having control of ins limperty ,a written notice to repair or alter a% ncce%eary and shall notify any other authority enforcing cork% regulating such equipment HC may affix a condemnation tag prohihwng the a%c thereof until %uch repiirs or afterttions arc made When affixed. such tag int. tic rcnio%ed only by the Order of the chief or his duly aufhonzcd representative and ma%• tic :cmo%ed only when the hazard to which the ordcr ricriatns has been ehmtnalcd in an tppro%•cd manner Until removed, that iteni or dcyic: which has caused the harard shall not he used or be perrntled to be used. %%'lien an :apparent stnic;oral hazard i% C.iu%cd he the faulty installation, opera- tion or nialfunction of any of the hcreinaho%c mentioned toms or dc%iccs, the chief .hall imm:chatcly notify the building official who shall imestigatc such hazard and shall cause such hazard to be ahatcd is required under the Building Code. (c) The chief may order the or%cration or use stopped. or the cvacu2tion. of am' premises, huilding or %rhicic or riciriton thereof which has Or is a firc hazard. (d) Cvcr% ordcr or nexice shalt Kt forth a time itr-w ti+r corriplaancC dependent urhen the hazard .and danger created 1•% the %wlX1--. Service of Orders and Notices Sec. 2.205. Anv water or nohsc authorized or r-quircd by this code shall be Erin tr %cr%'cd upon ilic ow ncr. opt r.uor. occupant t+r other person tesron%tole for the condition or %iol ation ether h% %crhal notification. r+erminal set tee, or h% tlehycrinc file %.uric to and leaving it %%iih %onic rvr%on of suitable ace and dt%crellon uriin the Ixciiii,c%. or. 11 no %uch rxr%on t% lound on the prct.aa%c%, by affixing a copy thereof in .a c on%ll,%:u xt% pl.kc on ilic donor it) the cna.ince of %aid rtrenw.c% and by nuihng a copy there-.( to such person h% regi%tcrcd or ccrtlflcd FYIJ;r'lT s r—1") STATE OF MINNESOTA UNIFORM CIYATION NO. �:OUNTV OF NCNNC►IN MUte1C1►AL COURT 384 - 0 4 6 0 8 8 n.m.o b.bw co.+m.u.a th. ol4nae Aesa. W O u+ v.otatron d tho ,.(Iron .MKalod I ..Ar. - ..,._...,♦ r.00.a it uoaw t dran C it q 19 4 lo Is \O( A C.— T SLAB! V �E ►J A 02on '� •. -- oa tc w....o+ U 11, lql1 I Al CIAINl-rl o he vbL� ❑ENDANGER OR PROPERTYE ❑ ACCIDENT ❑CONDITIONS / M N c t a9'et 10 .t,0ona to th's c1ut.nn ana undt.,t ana Ihat .1 1 'a.t to ao,o w.l hen 7 OI" •h(•.aito Oenalt.es w.I1 Ot al, esaed and a wa'Nnt w.1t De .,,uta 'w Tv a.�e{t t' a ..a"In1 q H,tlto. a venally OI 6l0 .It be laden to the IinC i rl I •..OA..'...4r.. y.. UNIFORM CITATION NO, 384 - 046087 STATE OF MINNESOTA COUNTT OF NENNE►IN MUNICIPAL COURT The .H V.ne e11KM slaves that the V—son M•^IE lrbr` lommxlfA ant oliensr eex.•Md M e 4AIgn of the felt Kan K10K alffl awgin -0 w .4 F-6110mrim -u;FT7;vT"* �,� ■� ���� on MONO■ ■: one e� M 05MA a;•ee •c •e+Dond :u tns cUt.on a..d unde•+t af+d lnat .f I N.I In en fl, w.tn.n 7 CIr+. .nC�eaNO De Hall .el w.11 be aHe+teO a+10 ♦ waflanl w.lt pf �ffufd 'O• a••eY ,f a w,"Snt ,+ •riuld, a DInaITV of S30 w.0 of added to the !.ne i ea.a.e...'a a.o.. •r�•a COURT COPY -DO NOT WRITE ON REVERSE I .TATc Of 14INNCSOTA II41111. t I AIr1.N a_ . 384-04t'085 5 1, A 11: ♦.1. M/NMr •,11 A M,11.af N`^L CntOMT It... .,•.nw.t 1. I..w . ..^Nt_N n.• .Nr.`nM .f v t.h..rl .rl •wNM n M 1M ,�N�i■ ■ Now-on■■■� aee �© erg■ rb! • ■■■■■■ ACCIDENT i OR PR PERTY � CUNOITION _ . ... .�...•. n...,t..fr M N 10 FT a C af.af !., •ermn^A tr, rn.a a r al,nn ann unn..a.ane r•,a..r I ra,, to n., a.. w.r n.:. nav\. .n�...MA Otnan.e j• ane N. a..an it n_ 'ell tn. '^v .••►N rr • wN•an! �/{.��c( Ale 1nr rinr COURT COPY -DO NOT WRITE ON REVERSE I,MIr..rIM 119^114'" Mal 384-046086 3 3 :J z Q , ao•tf to rrsp�ne to tn.a t,r a•.••n n0 unOfrsU eo so t .n r nava, .nc••asre nenalnes ss • ws. of na a ro• .ny a.rryl. Ir a wa.. ant of • f.•..✓...c..+L.f ♦1 A1f or M1NNr♦I VA It11NiY or I,r NNrrrN MUM1C,rAl COUNT 1M .aa...lr n11.r.r maY.s tIM to- 1•••— ^....d t..M..r t..1rw.1ad11r a11'.yr.rr•.r., .. r.1.$M— of ow soclon .rl•.[JIMI gal Fl,' - Immiammomm �Q� memo LH■■■■■■■■■:� r jrmUm ��rsr��■■ r�oe�■ CNN lh� IM.- I� COURT COPY- DO NOT WRITE ON REVERSE TO: ►tialte► R. Benson, City Administrator FROM: Thomas J. Jacobs, Fire Inspector DATE: August 27, 1984 SUBJECT: Big Island Veterans Camp - Fire Code Violations On August 24, 1984, a inspection was conducted at the above subject property. On this inspection, I met with Richard Becker, Camp Manager, to follow-up on corrections which were required to be completed on this date as follows: 1. Have an authorized electrician check facility for proper wiring. 2. Provide a plan of how electrical corrections will be made. 3. Repairs to electrical should be started to make the 60 day deadline. 4. Dining room occupant load posted. 5. Use of plcistic trash cans stopped. 6. Stairs at south entrance repaired or replaced. 7. Provide handrails on stairs. 8. Discontinue use of extension cords. 9. Discontinue use of fan in dining area cord in bad shape. 10. Discontinue use of multiplug adapters. 11. Check on inspection, maintenance, and recharging program which was to be set up. 12. Discontinue all bonfires, and open fires until permit is issued. 13. Board up all windows and doors at bath house and arch building. We went to check the fuse boxes, I found black soot around one box which was not there before. I also found four 60 amp fuses which had blown. I asked Mr. Becker if there was a problem and he said that they had blown that day because they had the oven and grill on at the same time. I also pointed out to Mr. Becker that the wires hanging out of the fuse boxes were illegal, and that the fuses were over heating and melting the holders. No attempt has been made to abate any of the required corrections. We then went over the 1 i st . The multiplug adapters were still in use until they saw me coming up to the door, they then started to remove them. The extension cord was still used to operate the freezer. I explaned to them that by moving the freezer they wouldn't have to use an extension cord. The occupant load was not posted in the dining area and one of the workers was sitting in the dining area smoking even though signs were posted. I explained to the worker that the building was a non-smoking area because of the type of -truction of the building. He then went outside or put it o-• We then went and looked at the fan. They had made Lempt to fix it, but there were wires hanging out of it. The stairs were not worked on at all. Very few corrections were made. I then told Mr. Becker that on August 29, 1984 there would be an inspection for a number of violations. His reaction to this was that they had no money and that his help was being layed off, so none cf the corrections could be corrected. I then explained to Mr. Beckez that because of fire hazards that existed and were not corrected within the prescribed time, and the blown fuses an soot that existed in fuse boxes, I would be -:losing the camp pursuant to MUFC 2.204(c). I then left to get the condemnation signs and the letter. When I got back, Lyle and myself met with Mr. Becker and we went through the fire hazards again. I then asked Mr. Becker if I could have the fuses from the fuse box that had blown tha•_ day. He said that I could. We then posted all the buildings with condemn :ion signs and I wrote two citations for items that were not corrected. I did not rewrite citations for past violations which were already cited. pc: Long Lake Fire Department Mel Kilbo, Police Chief Jeanne A. Mabusth, Zoning Administrator Lyle Oman, Field Inspector Tom Radio, City Attorney lot Big Island File FROM: Thomas J. Jacobs, Fire Inspector DAT1: August 30, 1984 SUBJECT: Big Island Vets Camp Meeting held at City Hall - August 28, 1984 August. ZE,, 1984, a meeting took place- ate City Ha' l . Those present were as tellows: Jerry Donlin - Vets Camp Richara Becker - Vets Camp Shawnesy - Hennepin County Commissioners Office Dick Benson - City Administrator Jeanne Mahusth - Zoning Administrator Tom Jacobs - Fi.re Inspector The meeting started out talking about the corrections which were to be corrected. Mr. Becker presented to the City a work estimate from Frontier Electric Co, 434 Second Street, Excelsior, MN. The work to be done is to remove two existing fuse panels, install 100 amp circuit breakers, and connect existing circuits. This is to correct loose wiring, fuse box with charring, and qri 11 box which was blowing fuses. Work is to start August 30, 1984. Mr. Donlin then gave the city a copy of the insurance for Big Island Vets Camp for copying. Mr. Benson then requested that the City of Orono be added to the insurance policy and a copy is to be given to the City. We then talked about smoke detectors. Mr. Donlin said that he was under the impression that smoke detectors were already in the cabins. Mr. Becker then said that. the detectors were not. jo because they had no batteries. Then we discussed campers putting deposit down before they could get a smoke detector. I explained that this was not a good practice. Their replywasthat the camper and outsiders were stealing and vandelizing them. I said they are required to be in the cabin and I.hat since there are electrical problems in all the cabins that they should be hard wired. We then discussed the vacant buildings and posting the buildings. Mr. Donlin wanted to have the signs removed. The City took the position that the signs are to remain and that Berg Hall shall be boarded up properly. Discussion also took place about closiny the cramp for the season. All buildings are to be left in a neat order, removing 311 junk and debris and secured after inspection by myself. To review what must be completed is as .ollows: 1. Electric in dining area (fuse boxes) must Le replaced and repaired. Work it Thursday, August 30, 1984, and not stc,p . - shed. 2. Smoke detectors must. be installed in each cabin which is occupied immediately. 3. When closing camp, the buildings must be cleaned obit and secured. Berg Hall must be boarded up properly and all the buildings must be inspected. 4. An attempt must be made to correct all existing violations as soon as possible. TO: Big 1-land File FROM: Thomas J. Jacobs, Fire Inspector DATE: Augus,: 30, 1984 SUBJECT: Big Isla -,d Vets Camp Ele.-trical Violations C,n August 29, 1984, I received a call fron, Frontier Electr:c;�11 Company stating that they could not start the work this week oec:ause their electricians were going on vacation and that the work cc-'d be st arted Wednesday September 5, 1984. I then rec ived a call f rom Richard Becker, Vets Camp Manager, checking to see if Frontier Electric Company had r:illed and what he ,:could do. I told him that he should find Lnother contractor s—. , w. :i&J n agreement ",hat the work would start august 30, IQ84 TO: Walter R. Henson, City Administrator FROM: Thoma 1. JacoL:;, Fire Inspectc. DATE- September 4, 1984 SUBJECT: Big Island Veterans Camp - Fire Code Violations On August 31, 1984, an inspection was cor 'urted to follow up on the corrections which were agreed upon in the i. !eting August 28, 1984, by Mr. Donlin and Mr. Becker. During this inspection I found the follct ing: 1 . No work had been done on the electrical hazards in the dining area. 2. Smoke deLcctcz wert handed out to the camper/occupant of th(- cabins, ') be nstalled by them. Instead of the campers installing them, they put them on the table and left them. One cabin which was rented to campers did not have any smoke detectors, nor did any of the employee cabins. 3. Signs posted on building had been removed. I talked to an employee requesting that he have Mr. Becker call me sc. we could meet at P- =•Is Landing 1-.-fore 4:30 p.m. I did not receive a call from him so I again went to the Island where I found Mr. Becker. I explainer: to him that we had an agreement that the electrical 1,. oblems and smoke detectors were to be corrected. He said they could not g?t an electrician out to fix the problem and that they were handing out smok'I detector-; to the campers. I then explained that he w,.s to install :.heir. because found all the detectors sitting on tables. His reply was that he watched TV and that. the commercials sho:veci that the smoke would get uown to the table level and set them off then the people could crawl out. I then told him that if the smoke did get that low, the occupant would be dead as the table and the I were at the game level. I tt..:. explained that si gre nt made at the rnnetiny was not followed, that the corrc. ,rders were to be en"'reed, an that citations will be issue, :1 violations not corrected. After _nspecting thc area, 11 citations vere issued for the following: 1.. No smoke detectors. ?. Combustible debris on roof of dining hall and cottages. 3. Vegetation growth growing next to building. 4. Junk and debris not rcr^oved from buildings. 5. Electrical hazards in cabins not checked out. 6. Electrical hazards in dining area. 7. Improper storage of gasoline. 8. Failur, to provide handout on fire safety to campers. 9. Spark arresters on trash burning barrels. 10. Covers on all trash barrels containing glass and metal. 11. Burning without proper approval from City. Both Mr. Becker and Mr. Donline were issued citations. UNIFORM CITATION NO. 384 - 046099 .6. ... STATE OF MINNESOTA COUNTY OF H[NN[►IN MUNICIPAL COURT Ia ,„u,r� 011 ce ,I,le, tn.t IM n, medtmMwaotnmtlN01M o14nse Otfn,ixa In rgl♦tnn Of IN ►Klan ,ndKStvd 131 - a. • . t . .Iea •. 49IL a.2bi Q I c i2 L o ..., tI• roue (M 3 -01.1 O • .f pr■©� i f.a,►�g BRN■ i �■ :. Immo m ■f m©a • i ©■■ ■■■■■■■■ 1 ;'tt •tLDonD t0 thli a •o unosnu mat 11 l al. 11 -'ofu wu••� • D! JLL t0 i i win Jl �r� u!C lCr OtO Iht I,nt COURT COPY- DO NOT WRITE ON REVERSE FYw'P!T REM UNIFORM CITATION NO. 384 - 04609 8 8 STATE OF MINHESUTA COUNTY OF HENNCPIN MUNICIPAL COURT lne nau nt Comm Ne1e, fh,t Ind o.•S.n n,met Wlnw illa`e the o/len„ ee,a r.oe0 COmm M vvlol— of the Sled O.t-4-11 alaa•1a wVrea. ,t. •l 8'7 c c h A e a o1 ' S .00•a,e a,•• --- b2 v X d at.ra t�• quo• "I lw a U 0 M O.tl O• Ote •tt[ •Ira r• • roar o1513 9 411 a v «IC as a,Yl»H • •ta ,•.ta •{a• — rou•a t ua o• .ea»•,.a.l,u» r.•. V'141 i A o0 o ❑ENDANGER UNSAFE OR PROPERTY E ❑ ACCIDENT cCONDITIONS •.o•.a . rw• o••» roar ¢ I Jalee to +Qsoo.0 to Ihli a.t ♦I,CII A"un0!•,t,r.0 ha' �f 1 01Yt, Ina tt&Soo Pen111 ,tf JLf ,!0 ♦ J w♦•• •' r, T; ,. e I 11 , wHrenl ' y�i�}��{l P�r(�/MyJI!Y c Imo►/��y:/�Jy(��� I o[•, »o. wt'e v ».•u•a 'f r A✓ /�(l i� COURT COPY DO NOT WRITE ON REVERSE I MORN flammommimm qq! !�■■E■■ R .■■cam ■■�.. • ,1 2ra■■■■■■■■ .-mil,211 wpMMM ■ ' LRr - anor�■■■■'� III • • • . • - . • III' •. • -• e a«.. ••:Kew..^c •.• In., <•• a n.e UNIFORM CITATION NO. 384 - 046096 STATE OF MINNESOTA CCU NTT OF HENNE►IN MUNICIPAL COUNT ,IM„ ......... . ... rE O h E 5 o .. . ..331 u W 1.1 �1 .�la•+ /0y�1h•...- �-wwIxO ntah<�tn�n wI� oytaetylo Ine rune ,, .^r J..e+l �• a wa..Jnt .f � aut Cj/j •t n(/!r ors �Vo Jeee Ir 1/F i� I t COURT COPY -DO NOT WRITE ON REVERSE li -- n.= .Gov o©o©■ � ■�■ n■i■in■n■■n■' c No■■■■■■■■■■■■■■■■ ��e MOM ■■©■M MMM! ran v ■■■■■■■■ F _■R, �.a Us�■�rM�� rcee■■eee■r���r■ .. �� . F'■■■■o rh COURT COPY -DO NOT WRITE ON REVERSE t I E 1 •.r- 1. r.Soo.o t. Ih•S c I ] 1 day •ncr.aam was I t Ci my an Hl. rl a wan:nt C i a JP it - UNIFORM CITATION NO. 384 - 0 46097 La ��e�ooe■■oo■�©■o■ �c [lool .>>3■E'10 ■S■■ m r'e een�I■�©.o©E cm c ■■■■■■ ■■i�nM■■n■■■■■■■■ ca�■c�■o��r.■o���a� mm"Noommum■■M■■■■ ' s ©©rls! �� I, mm ■■e■n■■9!�®®A■ ■ Irimmil ■■op■■. ..�:. _ .. •. . . omm:n©©■■■■■■■■■■■ COURT COPY -DO NOT WRITE ON REVERSE UMI►Oaarr CITAT10. .0 M-046092 1 STATIE COURT O0/' M•NNE►IM MUNICIPAL COURT ,M`.-^ .:..w-II..�IM_- Ml..r.fl.r cw.•.••.IM IM WN.Ne y..r awe 4••.•• of ,M IKI.M .V•calf• -`:2r -•� 8- -I $A 0 6c-�2-- R I D 1 Iv IE � , �14 IR I L-U sl I I I 11416 1,k] ;~1 7 ,o o B t� I -� - F 2 �( i E CE'4 E UN AFE OR ACCIDENT ❑ COND�T�ONS t .a 1 —77 .. .e�r...•.q .nit (•' a^� nne. 1' Ina. .. n D': r.in.n �••I.Y M•la" NC a r1"a• • br . „eD IDr • .• • rear• awr a r• m r e+,ne COURT COPY•DO ,OT WRITE ON REVERSE i I 04.0• MUNICIPAL COURT R■ EMMMMnra■" .5 Niglio IM■ -MrAwlnn000© a0r7 0■■ ONE ■RMA E■■.■■ ONE ■■ ONE . ■■■■■ ■■■■■ a�■■iiii■i�iii■i°E ■ ■ PJBQI nl a<rmon. No . , MR1■■ peen■■■■�e■oe■■■. . ©■ e • - • S®NoR■ .. ■■■uPI ■■■■■■■■ 3 c r; a.•er 10 •esDDnD to ,nos t,nn anD De.vana na• ,r I Iad ro Do so � a•». •n<•easw Dena,•,. a ass sec ano 1.w/yvm .[�. •r UNIFORM CITATION No. I I 046094 o�ans�r�eoo�e�o�c� r:�e■o rf Inn, nrSEkI s ro■e©a r�a�■�■■■ L ®� INTMWAVARA ORINM000aM a: �ee�r�■ �■■■ ■■■n■■■wii■■■ IIIIIIIII © ■..,■■cGw00N■■■ON ON �■.■gin©.■.■■■■.■■■ COURT COPY -DO NOT WRITE ON REVERSE STATE OF MINNESOTA -•ORM CITATION NO COUNT, 0/ N[NN[►IN MURK 1►AL COUNT 384 - 046090 j� w 4■� r:4r�nnP ■ yp■fi■■ n■■NINE R�r ■■■ • e■�� -inn e n� nor�cIr �cxffwwfi�-11 10 ME r_ TT ■n■m■n■n■ ■■CUM �a[aas Ww. Ron Ill. MOM �fa�o�■n■■ , i NORM on ■�r ■■ ■■n■ ■ ■■■■■■■■■i■■■ UNIFORM CITATION NO. X4 - 0 4 6 0 8 9 STATE OF MINNESOTA COUNT or NENNE►IN MUNIC"AL COUNT NR.N NOr eNrr•.n I-ftft. .t ... _97-3 0 • Zt C S � r 1�1.3J a :.� �• ;.rlv � opt &M,MIN loom as�vs��� ®®®ass ■� n�n■n.n■.■■. ■■■■■■.n■■■■■■ ■■ RANDO r� R. .1■racaaonRe any+■ • n©o■■m■■■■■■ s©gin■■■�e��■�o 11 • ,'-•- - I, • 1� • • • ■■■yen©©.■■■n■■■■ (1 aMee In ref•Ontl l0 In•f / e.w. ,nc•afw oen,nsl �mr J••nl II a war.Jnt rf ' •t•t�••a. a Era a.. Va C J^tly J^a^t ❑ nsue COURT COPY -DO NOT WRITE ON REVERSE 3 W C W QI agree 10 rgpontl t0 +n.. Z 0"',_y...Y Jrreft II • raD etleC tnc floc ' • aaT at.Va A--.EVIE LE a 4 COURT COPY -DO NOT WRITE ON REVERSE 1 46091 STATE Or MINNESOTA ono�eno or��eooei■ r13, 011111n��r�� 3■■■■■■■■■■■■■ NON NINOIMI SEEMc■non nn��©o■oonr�o© m - fboiLimmoomm ® ®tom i ■■■�■■-■■■■■■■■■ 11 e-■Ieoeee■ I®neee� r�ee■r n�r�eecN■eo■a©es 1� •TAT[ 0/ MINN[SOTA V I•IYORM (ITAYION MO I COUNTYCI MSNN[IIN MUNICIPAL COURT 384- 046186 nlMt Mier comm..1 M jlenu C^. . ^ .«IeY M Int IJCIM er•t•Ien �n■on 01r■■ ■■■■ ■ ■■■ ONE f]1II3Sr1w..! MN wn ■o■ on ON �Jr l�l 0 MOM f tillu •:3:.— ■■or_ n _vmo■o■■oo■■ e:••I. •N •NMI N^MI M, r1+ tft JNteteO •M • «trr�wl «•II M .1fut0 /C. —. •••In r. • «J•. Me �) .)..N. • ww.n• nr f30 «�!. M JON• l0 1M 1.wt CO{!RT COPY•DO MOT MHUTE ON REVERSE UNIFORM CITATION NO STATE OF MINNESOTA :OUNTY OF NCNNCIIN MUNICIPAL COURT 384 - 0 4 618 7 vmte Uebw ramm.tlee n.t tlleny 4,tr �Wp n ro1Jnr.n. M IM fKrwn �rtl.celee a (I J1ret to rtf•wn0 10 In., C11 JIpn •n0 unof r,t•nC In•I rl I IJrI to OV W wrtn�n f GYf. rot reJ,t• •eNlIM w•11 tN •NulJno • r•rr•nt w.11 C�fwep Ip. rnr J•rt,l r . rJ••Jni „ aweo, It ornpty of S70 «.n of •aatat ro Inr I�nt i ,. cabum lowl■■■ IMEMO=■n mono■°�in■■on SO Villmemos■■■o■© �r L v�® mono ■■on■no■■n R r "NNWE: ■ONmp . es� e■ nr�r�ca�©■� e . e c��ea■ ■n n■ ,o ©a ■ n■nnni ICOURT COPY -DO NOT WRITE ON REVERSE STATE OF MINNESOTA UNIFORM CITATION Np. COUNTY OF NENNE►IN I MUNICIPAL COUNT 384 0 4 618 8 7 'M „•p °n..� •I.l.. IMr IM ,� nJmec txb.•comm rtelM Wfenx et,cr.o..e O h of tM )KIrM rWKJIte Mos■►� . r�■mn:... nI7M�l�.I m Illam Vol ■■ ■noon■■ C I Jar tt la re)U�nC 10 tort "tv— Jna u+Cf r,IJnO -a! rr tn� l •rl IO Oo,o w.n CJYS, rnlrtJ SeC OlMlt �t) w II Oe J,ff S)tC J^C J w•r.Jntwill Ot .f,ufC IC. .+rrY Irreli Ir • wJrrJnt .5 •f)u lC, • otnJltY VI S3C will Dr JCC.0 1. 1nt Irwt i %-VUKI cUrr•oONOT WRITE ON REVERSE VN\INN\. CITATMM MO. STATC COUNTY , OVNTOOi Mt MMt1ON MWNK OVAL COURT 3N - 046183 8 �.iiiin■ ii■irir' ■■■ �iiii nj n_ Mncjr■,vn■ ```Tiiii■rin ■■■■■��■■r■■■■■■ re !� n■ee rlimign ago •_ , rye■M■■■■ � r ...\. •'•(.•...• w^•�•r\ w•u ne J.\e\\.a .no awa••ant w.\t s• �+\u.o '•, 'n. .••e\. t. • wN+a^t \ ssvW, • Wn.•'. ..' al0 w �• pf J•aea In inf I.n. COURT COPY -DO NOT WfUTE ON REVERSE UNIFORM CITATION MO a pcoud" 0-0 0 �nen■n■©�nn�■■r■■r■ '■■■■■■■■■■�■■■■ MOW a : ©own©�i�n■■�■■■ ��■■■■■■■n■n■n■■ ■■■■■■■■■■■■■■■■■■■ . �e°e©n■ee�er�ee� a�■��■oe©i • ©am ■■nra����■■■ t 1 a..ee to .•\Dona i^ tn.. c.l al•o� ana unae.uJ.a Inu .1 i 4.t to ao \o w.ln�n �) .Jr(. •n(.fa..a O.nJll •!\ w•n Df J\\f.\!(J Jna a wJ.•anl w•It D! •\W!(J tpr ^•r J^e\I 11 a wN Hnl •\ scusa- a olnanv OI a�0 wJ1 p! Ja(J!a t0 In! hnC i COURT COPY -DO NOT WRITE ON REVERSE UNIFORM CITATION NO ;. 46185 COUNTY ►one ■��ar�c;��■■■■n■ ■ ■r■■n■i■■i■n■■ ■ �©oe�n■r�ae■ee�■ ranAAA MOM M r.�nn■■■ ■■■n ran■©�e�■�e�o��r�n�� alms 1■■rao©■■■■.. MOM R . • ■ • • ¢ I a.•et t0 •lspnn(J 10 ins ounnn ana Y000HUM tnat d t IJ.t la a01q ws n.n (Jars, .nt•..1..0 0... It•., w•�I pf -"Sea ana a wJ.•.^t w.ti De •s\ufa t0. ' � mr .nea. it a wanam •\ •swea, a (Jenaltr of ri30 w+• �e aaaea w the I.ne 1, COURT COPY -DO NOT WRITE ON REVERSE SOUK OI M,NNUOTA a1r" �0 - 0 41 1 r 1 2 fTAi[ 0I MINN[fOTA COUNT, 0/ H[NN[►,N MUNICIPAL COURT UNIIORM C1TA f,ON NO. 384 0 4 E 10 0 EPIN COV NTT OF H[NNMT MVNIC I►AL COV RT .l•., .n.�t»K. „Naa M... ,rn n.� a,�eN.�....t. � .•ar.[n a xN Maen .a., Nea �. N ., al�. D�.. , . ,N ...tn �......�t.�,...n.an.n..,.> . n� w.,n s :n...a.+•• .bti�N 4-7 a© ■■■■n■n A A "Yrs atarr/t a)�—M rir'• A �10wr.rran; r•:+ M „Wf• IOr De aODeD ,n ,M •rM �-...�.._..—.r— I °r-" cwv.prymwWrMONREVERSE ei�e �iae = 2s�— ��■ clp*l 11 "2 2 40C I A 1 IM orI 840 ENDANGER LIFE ACCIDENT UNSAFE ❑ IONS OR PROPERTY CON a Q aern ;r rewn^o ro ,mt rnpron antl untlentantl rna� n : 4•: to Qoto wgnm r tlart, •^c•tatetl Dtna:t�rt rill nt atlltttD a^D J De •tfuftl tur � •nY J••rtt :, a warrant •t rfruttl, a Dena�tY Dt f)0 w•r� bt ad DeD to tn< t.nt COURT COPY DO NOT WRITE ON REVERSE I :: aq�ee to •esDontl ro tn„ utat�nn antl unDt.va..c t a: � a• o r� •. [ r Dart, mveatrtl Denan•et w•a ee sttexea a^D a w ant wdi oe •nuea 'o• �mr arrest ,• a wa•rant �t �ttueD, • ana:�r o� f]0 +. �� Oe atltletl i� tnr t•n< • � oa.awe..i • • a.-.�vw 8, �n■■■n■■nn ■■i■ • '' �nn�i inn. ■ ■ iini■■ii■�■i■■i ��■�ee�e�■■�■���.. ■■■m■■■■ii ■i■■n ��e�■1�■�e �eee■ r gin_ n�nr�r.�■■�■�■■■■ eery , ■�© ■■ne r� • . n■©gin©©■■■■■■■■■■■ COURT COPY- DO NOT WRITE ON REVERSE minit UNIFORM CITATION NO. 384. 046190 STATE OF MINNESOTA COUNTY OF HENNE►IN MUNICIPAL COUNT TM rssu.nv otfww males that the p ff na,nw W 1ow te,n,nalw 1H plltnu of u, �lwt n r.ou„nn of the feel, ,nf<flw ■MONO■ ■■■■■■■■■ mom mlimlffmmmm� n m elmo. , I I ra i� MEMO■■■ ■ No ►... : are 073 1161 ON �?■■■■■■ tt �� ,f ID0,+0 10 ih,t Elf •Iron an0 undf•lIJnO Ina• ,t I fa., In 00 Su w.lft— / Ca Yf, •nC••a NO •f"lt,fl writ Dt JIfeI1t0 •n0 J wJ,•1rt writ D: ,,fulO ,"' —y •„flf. ,f • war,anl ,I ,Nufd. • Dfnally pf 130 ..It o>t •Oetd to Ine I.ne Oare..f•r•'a f,nr••u.e COURT COPY DO NOT WRITE ON REVERSE a a Q C f .li,ff 1010*00.0 to Ih,I trf JirOn •n0 un0l,ltJ„C tnal ,f 1 la.1 10 0J su with— / O•v1, rn(,04/00 ptnalt,*s w." be •Iffl,ed an0 J wa••MI wr11 Of r,I4fd ,.. y .nest 11 •warrant 's ,,Sued, a penny of f l0 ..'I •e move to ,he f,ne UNIFORM CITATION NO. 384 - 046189 L 'ATE OF MINNESOTA C UNTY OF HENNE►IN "^flCl►AL COURT ,h..f•r.n, oqIKv, sit'"that ,he p„1pn nJ„I.A allow to,nm„Iw,M off•ns• ar,r „txo ulflrpn of If" fec,.on �nfKe,tb Orryt •'f a,tlrfl « rf ••• • •f• r.0 It ,« •p0., ,f (,•r �WO 6 LA O ow.a o. ..... ..•t ... r..... ;.. „, y,oa• •..• ,or v «. ♦,t ate. a ..•q N••a •••• .� «ooal coaor «,caa ,o•«•.f ��• o« TI� ri c1. E A 4OR ^ IU; ❑NOAIVGER RLIF ACCIDENT T PROPERTY ❑ CC OEN ❑ CONDIT►ON5 .. O..a . rfI• ._�.� one mom IN L— To: File Fr.,m: Thomas Jacobs, Fire Inspector Date: September 7, 1984. Re. Big Island Veterans Camp, Orono On September 6, 1984, Mr. Jerry Donlin called to speak with Mr. Benson, City Administrator. I took the call because Mr. 3enson is on Medical leave. The conversation was u follows: Mr. Donlin asked to speak with Mr. Benson and I explained that he was on vacation and could not be reached at his home. I then asked him .if I could be of some help. Mr. Donlin informed me that he was calling about the ten (10) tickets tie had received in the mail for violations on Big Island that had not been corrected. I explained that in the meeting an agreement had been made to have the electrical fuse boxes and smoke detectors corrected by Thursday, September 8, 1984. Since the agreement was not upheld, the correction orders were to be enforced. Mr. Donlin then argued that he was not the owner but rather the State of Minnesota was the tee owner. i tnen explainea treat he was in charke of operating the camp and that Mr. Becker also received citations. He -hen said that I should take the tickets and changt. the name to the State of MinneL-La. I told him the names would stay as is. He then said that I was harassing him and the Vets Camp and that he would be taking the tickets to *".he Attorney General. I explained that he could do this and also take it to the judge for his opinion. Mr. Donlin said he was takinc, it to the Attorney General. I said tine, but that I was not harassing them and that my objective is to get the fire code violations corrected. Mr. Donlin then saiu that I always came out c. Fridays and that. I had better go tomorro+ nd see that the electrical hazards in the fuse Loxes have correr�ted. I said that I knew that because I had contacted Frc.. et} Electric and they confirmed that they had completed the job. Big Island Page 2 September 7, 1984 Mr. Dunlin was very mad throughout the whole conversation. - ::hen asked if Mr. Benson knew that the tickets had been iss.ec. I told him that Mr. Benson knew the tickets had been issued. I then asked him why he removed the signs after discussing it at the meeting and decidin5 that the signs were to stav up. He then asked if I was accusing him of taking the si;:,s down. i said I had been told by the people at the camp that Donlin had removed the signs. I then asked him if he had removed the signs and he said. that he would not answer that question. I said fine. He again told me he was taking this matter to the Attorney General. I said fine and we hung up. pc: Jeanne A. Mabusth, Zoning Administrator Tom Radio, City Attorney Mel Kilbo, Police Chief E" 10 1994 To: W.R. Benson, City Administrator r; 1`',' ()i= 0 rtQN J From: Glenn R. Cook, City Engineer Di. • : September 5, 1984 Subject: Bid Award Lift- ,.tation M7 Force Main By -Pass On August 10, 1984 the City of Orono received and opened bids for the Navarre Force Main Project Lift Station V . The company that presented the lowest bid, B&D Contracting, Mound, Mn. showed an -rregularity in thr bi' ig, therefore, the bid award was tabled at th._� August 27, , council meeting until clarification from the contractor could be obtained. The contractor has submitted the necessary document_, therefore w` recommend a -rd?ng the bid to B&'; Contracting for an amount of $102,941< 16. B A D CONTRACTING b13G SUNSET DR. Moab, MN. 55364 CITY OF ORONO PBOJ=l NAVAM ►ONC3+ MAIN ANC '.IYT STATION NO SUT. S, 1984 WK AGM TO THE UNIT PRIMS AS itoMaCALLY SHOWN ON M BID PNOPOBAL AM ON THR RID TABULATION SNIT SUBRITTRD BY TH1 INGIMM. CONTRACT AMOUNT BAS® ON THR RSmSION OF UNIT PRICKS AND PRUIOSAL QUANTITILS AGROM TO IS $ 102,92"2P SINOTALY N A D CONTRACTING il" tt--A� O..c Af. sarts 910. m4 M.rrm I/ rv.Mr n I/ .rlvre. IR // In4rI/ i September 6, 1984 City of Oronu jEf i 1 Box 66 Crystal Bay, MN 55323 CITY 0� Attn: Mr. John Gerhardson Re: File No. 13922 Willow Drive Overlay Dear John, Enclosed please find the resolution for a variance request on Willow Drive near the intersection of Fox Street. The section of Willow Drive from 0.00 to 419>96 will be eliminated from this contract and will have to be constructed under a separate project within two year,. If you have any questions, please contact this office. Your& very truly, BONESTRIK), ROSENE, ANDERLiK 4 ASSDCIATES, INC. ,a--- � G 1 Glenn R. Cook GR6:li ll4$c City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION REQUESTING A VARIANCE FROM CURRENT MUNICIPAL STATE AID STANDARDS WHEREAS, Municipal State Aid Street 101 (Willow Drivel was constructed with an alignment which provides for a 30 MPI: design speed near the intersection of Fox Street with Municipal State Aid approval. WHEREAS, reconstruction of the present roadway to correct the alignment would not be in the best interests of the City because extensive work would be required with no significant benefit. WHEREAS, the alignment problem is near the intersection of Fox Street where there is a four way stop sign which results in the traffic slowing down through the curve. NOW, THEREFORE, be it resolved by the City Council of the City of Orono, Hennepin County, Minnesota that the City Cousulting Engineer is authorized to request a variance to Municipal State Aid Standard 14MCAR Section 1.5032, 8SR 2146, 8820.9910 (Rural Undivided Geometric Standards) for MSAP 152-191-98. The question was on the adoption of the resolution and upon a vote being duly taken thereon, the following vote) in favor thereof: The following voted against same: WHEREUPON, said resolution was declared duly passed and adopted this 10 day of September, 1984. Mary C. butler, Mayo[ ----- -_-- ATTEST: Dorot� M. Ma �l jn, Lr(ty��ia[Tr ----- (�(?!(P{ril n,l, rTIA-- EFP 10 190'1*4 To: W.R. Benson, City Administrator CITY OF OrIONO From: Glenn R. Cook, City Engineer Date: September 7, 1984 Re: Bid opening date change - Sewer line repair and ditch grading - Hwy 12 Due to an error the advertisement for bids for the sewer line repair and ditch grading on Hwy 12 was not published in time to receive bids on September 5, 1984 as planned. The:^fore, we request to set the bid open'_::g date to ieptember 28, 1984 at 10:00 a.m. POPHAM, HAI K. SCHNOBRICM, KAurMAN 6 DOT/, LTD. 424a ioe ca — MINNLl1/OLI{, MINNL601'. q ruacsnt• - )33 01. e�i-. e00 w.... \. iw Wx K.aL C.Yp MN[M IO.O IRtwO'�[wia .OY[O wOOLI w. aQ MOY¢» w. a.a M1ix NNix O. ..Fxax. O.M,,.if x•u ..w[O aaxvaw ,. .Yu .. a«rx.w. ..wN.a .. .a,.w. oLNvte, cowe.00 eoaoe aa• uix . »aawwsa wu �. .wo o nor.....aucornw w Oa[� • N�\.. CVrr000Y .w[Wi .»UYYLu i.l.ie.'INO a(IIIi .. wOrob w• YatM Y �x 0. ....0 nY,l[r [.O O{a lt'L .[ [w.Ox aOYY 0.[x YO. ,n wo[.a«. n.an. Y. w. �wwe uvca O. wnua ne».n o r.ai Y.w COWw G.a..ou r wanum. a nc..wo. x.a <. o'.ep.w aw«s .. Y.rxio[O NiNomN. D. c. aooae a. roan ,o.»roN a ava. w, a uc.rowo a... nw �usaor .. Y.eo»ac. .m • r•iro. aeon . »aw wt .o.-u) wONn a..Wn OwVO .. AMt. .aeon .Y to n o.»v l[t [. .Y [l.,• [41..Ox.WnO»r.Ow ..aoc.¢. aoawowa.+ uawa mtvta n.+ew.uo•. •»sYr.. a Yaxuc .. »,w ra August 30, 1984 Dick Sensor. City Administrator city of Orono Boa 66 Crystal Bey, MN 55323 Rolf Erickson 14520 12th Avenue North Plymouth, MN 55441 Re. Assessor's Agreement Darr Dick and Rolf, SEP 10 C;: CITY OF a Enclosed find a copy of the Ae assorts Agreement we reviewed on Wednesday, August 29, 1984. very truly yours, ., . 0- 6l0 Bruce D. Nalkerson BDRJdc Enclosure 477Bj ASSESS['=VT AGREEMENT THIS AGREEMENT made --his _ day of 1984, by and between the City of Orono, a municipal corporation hereinafter referred to as "CITY" and Rolf E. Erickson, herein- after called "ASSESSOR". 1. Employment. Vle CITY, which is a separate Assessment District in the Cou..ty of Hennepin and State of Minnesota, does retain and employ the ASSESSOR to perform all functions required of local assessors by Minnesota state statutes, cooperate with the Hennepin Co_nty Assessor by supplying the needed information for each assessment year, and maintain a fair and equitable assessment for the C:^.Y and its taxpayers. 2. Functions of Employment. Functions of employment shall include: 1) Effective communication with residents, business ;eople, and city officials regarding agreement practices and policies. 2) Physically inspect and revalue 251 of the REAL property as requ:red by law. I) Physicsll, inspect and value all new conscruct:.n, additions and renovation+. 4) Conduct vs_uation hearings prior to Board of Review. =aproxlmate dates - March and April. 5) Attsn�i BCsr'd of Review. Per Board request, make all -.ecessary review appraisals. 6) Keep updated field card file - current values, homestee'. and classification data. 7) Print, ma:_ and post full year homestead cards. Pr:cess midyear homestead applications. 8) Respond t: taxpayer regarding assessment or appraisal -robless or inquiries periodically during c -- ract term. 9) Mate divisions and combinations periodically during contract term. 10) Initiate, for the taxpayer, abatement applications periodically during contract term, as requested. 11) Make appraisals for, testify or negotiate all district court or tax court filings, Periodically during contract term. 12) Post values from appraisal cards t,) assessment rolls. 13) Valuation of all parcels in the City each year. 14) Analysis of property sales. 15) Preparing assessment runs. 16) Reviewing properties at taxpayer's request. 17) Attend, not to exceed, three council meetings in addition to the Local Board of Review meetings. 3. Performance of Services. Tne manner and the method used in the performance of services to be provided by 4SSCSSOR shall be under the exclusive control and directir.n of the ASSESSOR. The ASSESSOR in performance of services shall not (1) be reavired to naintain office hours, (2) receive retirement benefits, (3) health insurance benefits, and (4) any other fringe benefits. 4. Equipment. ASSESSOR shall provids; 1) His own transportation as he deems necessary for performance of services. CITY shall provide; 1) Necessary filing area for purpose of maintaining required city assessment records. 2) All of the equipment and supplies necessary or required for performance of services set forth in this Agreement, includirg a 1979 or later set of aerial photograpt.s. 3) Pay for all direct expenses, including those forms and supplies, film, aerials and other miscellaneous and homestead material and postage. 5. Compensation. The CITY agrees to pay the ASSESSOR for such services the sum of $39,708.00 for the assessment year of 1985. Payment shall be in 12 monthly installments of $3,309.00, commencing the last day of September, 1984, and continuing on the last day of ea_h month thereafter through August, 1985. 6. Minnesota Statutes. This Agreement has peen entered into in consiiaration of the obligations and requirements set forth in Minnesota Statutes as the same apply to real estate assessing procedures. Both parties agree that any major changes in such requirements daring the term of this Agreement shall necessitate a renegotiation cf the compensation called for herein. 7. Representation by Assessor. 1) ASSESSOR represents that he is a Certified and Licensed Minnesota Assessor under Chapter 273 of Minnesota Statutes and that he is a qualified real estate appraiser: further, that he will during ail times this contract is in force maintain such licenses and qualifications. 2) ASSESSOR agrees to attend the Local 3card of Peview Meeting on a date selected by the CITY. plus attendance at not more than three other City Council meetings in any one year. R. Effective Date of Agreement and Term. This Agreement she._ be effective as of September 1, 1984 and employment of the ASSESSOR to perform the services to be rendered hereinder shall commence as of September 1, 1984, for the performan=e of the 1985 real estate assessment, and continue until August 31. 1985: subject, howe',tr, to extension as hereinafter proviied. 9. 49reement Extension. This Agreement may be extended from year to year on terms to be agreed upon by the parties hereto by the parties agreeing in writing t•, the same on or before the first day of August, beginning August 1, 1985, and on the 1st day of August each year thereafter. If this Agreement is not so extended and terminates according to its terms, ASSESSOR agrees to deliver to CITY forthwith such records as he has in possession concerning assessment of the CITY's real estate. It being understood that such •ecords are the property of the CITY. 10. independent Contractor. It is ,greed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partrers between the parties hereto or as constituting the ASSESSOR as the agent, representative or empl,yee of the CITY for any purpose or in any manner whatsoever. ASSESCOR is to be and shall remain an independent contractor with respect to all servi^us performed under this Agreement. ASSESSOR represents that he has, or will secure at his own expense, all personnel required in performing services in this Agreement. Any and all personnel of ASSESSOR Cr other persons, while engaged in the performance of any work or services required from the ASSESSOR under this Agreement, shall have no contractual relationship with the CITY and shall not be considered employees of the CITY and any end all c1111s that may or might arise under the Workers' Compensation Act of 'he State of Minnesota on behal! of said personnel or other persons while so engaged, and any and all claims whatsoever an behalf of any +uch person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the ASSESSOR, his officers, agents, contractors or employees shall in no way be the responsibility of the CrTY. and ASSESSOR shall defend, indemnify and hold the CITY. Its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, com ission or court. Such personnel or other persons shall not require nor be entitled to any compensation, right■ or benefits of any kind whatsoever from the CITY including. Withnut limitation, tenure rights, medical and hospital care, sick aba .ration leave, Workers' Compensation, unemployment compensation, disability, severance pay and P.E.R.A. 11. Hold Harmless. ASSESSOR agrees that he Will hold the CITY, its officers and employees harmless from any claims, suits or damages resulting from or caused by any act or ommission of the ASSESSOR, his officers, agents, contractors or employees in the performance of the responsiti l i ties provided by this Agreement IN WITNESS WHEREOF the parties have exe-uted this Agreement the year and date above stated. CITY OF OROHO By Mayor By City Adminttistratorrr C ASSESS69) 47721 To, Dick Benson -Orono City Manager Orono City Staff FROMi Rolf Erickson -City Assessor DATEI September 3. 1984 REl Assessor ohone Q address I will be using the following address and phone number to receive any off icial mail and calls. Rolf Erickson P.O. Bo. 41841 ►I mouth, MN 33441 (412) 473-1644 When I am doing fieldwork, I will of using my ansWtring machine to answer calls. tThls will be much of the time through December) If any taxpayers have difficulty leaving a message on the machine and they call you, please take their name and number and givt me the Imformstion. ►it*$& continue to re4or any calls to Hennepin County Finance that you are now sending that wa.,. These calls include calls to Don Molick for tax calculation and calls to property description or special assessments etc. CITY of ORONO urr" IAn ea•Cryslal ary. Mmnewta a a811• Mu•r,N•1 bRrw On the No•th Shore of Lake Minnemnka August 27, 1984 (WW' MEETING , P 10 ;964 Hennepin County Commissioners A-2400 Government Center ��.� Minneapolis, Minnesota 55487 ((VO �IM, QF Q( ONO Gentlemen At A special meeting of the Orono City Council, August 22• 1984, the Council passed a motion not to renew contract #10122 with the County Assessor. This action was taken by the City Council after much thought, discussion and input from Orono citizens. The City of Orono has been well served by the County Assessor and his staff through the contract years. They have been prompt, courteous end professional with Orono citizens, city staff and Councilmembers. Sincerely, Mary C Dut er pR-`�'Y\`\�'•1"Q� Mayor IKUW%,.•/u\I�,, trr rlr• • •Iw1\N la Mai�•11�,Y1 �rl r1A • Y\N11 M,•rl �•,'N• �f•1 Mlv My of ORONO RESOLUTION OF THE CITY COUNCIL 9 NO. 1663 A RESOLUTION NOTIVYINC HENNEPIN COUNTY COMMISSIONERS THAT ORONO ELECTS NOT TO RENEW ASSESSING SERVICES AGREEMENT WHEREAS, the Hennepin County .Assessor's office has provided the City of Orono with assessing services for the prior four years in a timely manner and with excellent service; and WHEREAS, the City Counci 1 of the City of Orono does dzsi re to have a 10,-al assessor; NOW, THEREFORE BE IT RESOLVED as follows: 1. The City Council commends the Hennepin County Assessor's office for the assessing services rendered. 2. The City Council directs the City staff to inform the Hennepin County Commissioners that the City of Orono elects nct to extend the agreement for assessing services with Hennepin County dated November 24, 1900. Adopted by the City Cc•ncil of the City of Orono, Minnesota, at a regular meeting held ,,is 27 day of August, 1934. Mary Ce. �uJtTi [, Mayor �T-- Arr sr: de.•� .i// �ir llc,. of y M.- a n, y • --- Y r CITY of ORONO � I'Mi U(an IYn tiff • L'rpiul Hwy. Mmnewlu iSfLf • Mumri W I Ofnm • • • 0 On (he Nm(h Shore of L.M' Mmnefonka August 31, 1984 Mr. Lovell Thomoson Director Environmental planning Metropolitan Council 30e Metro Square Building St. Faul, Minnesota 55101 - Dear Mr. Thompson: Regarding our telephone conversation concerning the proposed Maple Plain interceptor, I wish to submit the following comments. The concerns of the City of Orono are the changes from the preliminary design to the C nal design increasing the force main size from 10" to 12" and the increase in flows as follows: Preliminary Final Design Design deafen average daily flow 0.385 M.G.D. 0. 403 M.G.D. peak design flow 1.)c M.G.D. 2.43 M.G.D. posh flow factor 3.5 6.9 After considerable review this spring, the City of Orono reluctantly withdrew from the public hearing process challenging the proposed consttuction of the Maple Plain interceptor through rural Orono, based upon a 10" force main end the preliminary design f lows, which could not provide urban services in our rural area according to the City of Orono Community Management Plan. I ,. nderstand that the Met topolitan Systems Committee will be meetii.g on September IAth and that this item will be on that agenda. i would appreciate the Systems Committee ryilew of this mattet if it is convenient to do so on the lfth. N'M.aaw.a /v\1\,. r111M' • U••H•mra Jlar••cNa\(1 r•1•Ha • ,1 M• •,M•• 1•i'w• Mr. Lovell Thompson August 31, 1984 page 2 I do have a previous commitment on that date and can not appear in person to discuss Orono's concerns. If you do have any questions please do not hesitate to call me at my office 473-7358. Sincerely, 1 . o �e sn o a tn, City Administrator Enclosure cc: Mrs. Martha A. Allan, Metropolitan Council Dirk devices, Metropolitan Council District 13 Timothy Keegan, Metropolitan Waste Control Commission John Harrington, Metropolitan Council Glenn Cook, Bonestroo, Rosene, Anderlik and Associates t CITY of ORONO I5.1 Ufne. I4.a W-c"ual lint, Mmn...1. 5532.1• M.niNn.l ofay.. • • On the No,th Sho,r of Lake Minnetonka August 21, 1984 Ms. Martha A. Allan Ass ant Referral Coordinator Met, .. politan Council 300 Metro Square Building Seventh and Robert Streets St. Paul, Minnesota 55101 Dear Ms. Allan, The City of Orono is in receipt of your August 13th letter concerning plans and specitications for the Maple Plain Interceptor. Please be advised that the City Engineer Mr. Glenn Cook, Bonestroo, Rosene, Anderlik and Associates has been advised by Mr. Timothy F. Keegan, Staff Engineer Metropolitan waste Control Commission that plans and specifications will not be available until the week of August 27th. The City requests that the one week review period be extended to accommodate receiving the plans and specs at than time. The immediate concern of the City of Orono is the apparent change from the preliminary design to the final design increasing the force main size from 10" to 12" and the increase in design flows as follows: Preliminary Final Design Design_ design average daily flow 0.305 M.G.D. 6.403 M.G.D. Peak design flow 1.35 M.G.D. 2.43 M.G.D. peak flow factor 3.5 6.0 Our understanding from the outset of out discussionr and final agreements were the preliminary design factors as outlined. fhe City of Orono would appreciate your comments concerning the Metropolitan Council review. /Sincerely, A`a Ater City Xdaink5trator ccl O Pck de Vr its, Metropolitan Council Dist iict i3 Timothy Keegan, Metropolitan waste Control Commission John Harrington, Metropolitan Council Clenn Cook, Ronestroo, Rasene, Anderlik and Associates atil"I'1In\I\I. •)11))1 • nI1V l\IS IIIn 11U]111\e\ll •II IHr • Yl It e'.U.11 .?I I"I WNtalfka area oha abet of oofnfllerae OFFICERS 3900 Lynwood Boulevard. Moved, Mn 55364 • 472-6780 vuswmc T. Exaeulha Vice-president: Chic Remlen arsswmek sraa..rar.IN DIRE"one P.., Vrt. Paul Para Mann B ,u�—! wMO Mile, Dm sum Jm 0 umam i .aw�aw_YW. nm Rqn. Fl a.q atlws coSurvers SEPTEMBER 1984 ol.me ,w Tx...n.l. General membership meeting - Fall Kick -Off, Sept. 19 Minnetonka Mist - 11:30 Social, 12:00 Lunch - $5.50 Program: A discussion of the issues to be presented for examination at Checkpoint '84 and the area premiere of the Freshwater Society's much acclaimed film, The Mississippi Risser. America's Lifeline'. Please cell reservations into the Chamber offh by 3:00 p.m. Tuesday, the IBth. President's Letter: Thanks to all Involved Chairperson Roger Finnis(Slate Farm Insurance), Co -Chair Steve Swanson(Mine sole Federal S&L). Roger Emlck and his crew at Burl and Belle and Dave Klein at Hole In One Catering for making the golf outing such a huge auccesal We had an excellent afternoon for golf, a fine meal and a hilarious time with the auction. Congratulations to Carol Pitsch (West Tonkin Interiors) and Steve Swanson for winning the Women', and Men's Low Gross Trophies, and to Jim Wheelock (Propellors Inc.) and Russ Falnees (Fslness Barber Shop) for winning the pairs Best Bell Trophies. The next eight months constitute the busiest period of this Chamber'a year. There will be much decision making going on during these next few months. and I strongly urge all of you to attend any of the meetings that pertain to your businesses and your other community Interests. planes note the upcoming meetings and elections that are printed In this Issue. Your officers, directors and staff need to have input from the membership In order to make the proper decisions about ditectlon and procedure. Ted Koenecke, Proldent ATTENTION ALL RETAILERS.. . MARK SEPT. 11, 7:00, PIZZA ON THE LAKE, ON YOUR CALENDARS AND IF YOU ONLY ATTEND OME MEETING THIS YEAR, MAKE SURE THIS 18 THE OMEI (Nonmembers are always WELCOME!) This is the first joint meeting of the Mound. Navarre. and Spring Perk Retail Councils. Program will be as follows: • Buffet Dinner: 6:00 to 7:41 16.50 Food will not be served during the meeting. • Indlvldusl Council Meetings. 7.15 - 0:00-Topics: Specific internal concerns and marketing programs. City administrators have been asked •o attend. so bring questions regarding zoning. street safety. holiday decors tions, etc. Orono city officials will be prevent to discuss tax Increment financing to help redevelop Navarre. r Joint Council Meeting: 8:00. 9:15 - Topics: I,) A calendar of major joint marketing events will be discus, ed, Bring ideate 2.) The foremost concerns of our business community regarding the impending upgrading of Cly. Rd. e15. Steve Wood ti-afayette Club). the Board's appointee as the Cty. Rd. a15 project liaison person, will handle this portion of the meeting and then draft a letter to Hennepin County and other concerned government bodies Indicating our major concerns and needs. This new format for the Retail Council MCNings is an attempt to reduce the number of meetings necessary to reach an agreement on mutual concerns. The plan Is to use this formal bl monthly or quarterly with the I,Wrvidual Counclts holding additional meetings as they deem necessary. It is imperative that we begin to dev.loP scrim, mallarning strategiva that give the We.tonka area more identity and clout in the rTN"0 Wl . We can do It by "Working Together' I This is also an excellent opportunity to meet and be stknuW(W by People of similar Concerns and interests with whom you do not normally come into contactl Be be eve to Ube advanter, of this opostanityl The Fell Pbolo Content Is dryly n rt Vem Lindemann (Llndernann Photographic,) and Ruby 9eckel (Sun/Satin ryewapepnn) are the cu chein. Any offers of help, anggohons and/or prize donations should be directed to one of them. Watch the local Papers for entry information One of War Year a entnes is on the over of our 1964 Westonka Directory. Wonder whose entry will grace the cover a( the 1965 leear7 TM SbePPlq sae Press We Im new ores reuzzi i. euceesa ully underway. There is still time to pa Ii VGW ks" now .. tas ket irg tool For more details. Wave . message at the Chamber office today. 4724I7b, —i a5 ° ? 0 1984 To; W.R. Benson, City Administrator ,- i Y OF ORONO From: John R. Gerhardson, Public Works Coordinator Date: September 4, 1984 Re: Bid Award - 3/4 Ton Pickup, 4 W/D Utility Department On Friday August 31, 1984. the City of Orono received opened sealed bids for one 3/4 ton 4 W/D pickup for the Utility Department. The following are the companies that bid and the amount of each bid: Thomas Pontiac GMC $10,484.45 Minneapolis GMC Truck Center $10,075.00 The vehicle can be purchased with monies available in the equipment outlay fund and paid back within three years from the sewer operating fund. Therefore it is my recommendation to award the bid to Minneapolis GMC Truck Center for one 3/4 ton 4 W/D pickup for an amount not to exceed $10,075.00 (_:I r •-i To: W. R. Benson, City Administrator From: John R. Gerhardson, Public Works Coordinator Date: September 4, 1984 Re: Bid Award Utility Tractor, Streets 6 Parks Department On Friday August 31, 1984 the City of Orono received and opened sealed bids for one utility tractor and side mount mower for the Parks a Street Department. The following are the companies that presented a bid and the amo int of each bid: Long Lake Ford Tractor $24,974.00 Kortuems Sales S Service $19,280.86 Therefore it is my recommendation to award the bid to Kortuems Sales 6 Service for one model 2150 John Deere Tractor and side mount mower for an amount not to exceed $19,280.86. This equipment was budgeted for in the 1984 Revenue Sharing Budget. �q Memo 484-49 TO: Walter R. Benson, City Administrator FROM: Tom Kuehn, Finance Director ',� NJ DATE: August 8, 1984 SUBJECT: Publishing and Public Hearing Requirements for Revenue Sharing Funds This year we are required to hold at least one public budget hearing on revenue sharing funds prior to adopting the budget. The hearing must be held by the City Council. The hearing is for the purpose of obtaining citizen comments and questions concerning the entire budget and the relationship of Revenue Sharing Funds to that budget. Notice of the hearing must be published at least ten days prior to the hearing. The notice must indicate the date, time, and place of the hearing, the proposed uses of the Revenue Sharing Funds, and a summary of the entire proposed budget. The notice must also include the right of the citizens attending the hearing to provide written and oral comments and ask questions regarding the entire budget and the relationship of revenue sharing to that budget. This material must also be available for public inspection at the City offices and the notice must so state. Within 30 days after adoption of the budget, a summary of the adopted budget showing the intended use of Revenue Sharing Funds must be available for public inspection and notice of its availability must be published. The revenue sharing budget hearing will be held at 7:00 P.M. at the Council Chambers on Monday, October 15, 1984. TO: Orono City Council FROM: Dorothy Hallin, City Clerk SE? I 1984 DATE: September 7, 1984 CITY Of OrON^1 SUBJECT: Dates of October 1994 Council Meetings The second Monday in October is a legal holiday, Columbus Day, therefore please note that the Counc i 1 meetings for October were set as the third and fifth Mondays, October 15th and October 29th. KEY I CITY COUNCIL11 2nd 6 4th Mon. ff PLANNING COMMISSION O 3rd Mon. JANUARY FEBRUARY S M T W T F S S M T W T F S 1 III--XI-----IIII © 4 5 6 7 1 2 3 4 8 9 30 11 12 13 14 5 6 Z 8 9 10 11 15 17 18 19 20 21 12 13 14 15 16 17 18 22 2 24 25 26 27 28 19 27 D 22 23 24 25 29 30 31 26 28 29 MAY JUNE 8 M T W T F S S M W T F S Q1 2 3 4 5 1 2 6 7 8 9 30 11 12 3 4 QS 6 7 8 9 130 F6 16 17 IB 19 10 12 13 14 15 16 20 2 22 23 24 25 26 17 18 19 20 21 22 23 27 r 30 31 21 25 26 27 28 29 30 S6h 1 fit♦ SEPTEMBER OCTOBER M T W T F S S M T W T F S 1 1 A 3 4 5 6 X Q 5 6 7 8 7 9 10 11 12 13 14 IS( 19 20 21 22 21 23 24 0 7 25 26 27 28 29 28 2 30 31 25 26 2 Hwy e tt* l FINAL 1984 CITY MEETING SCHEDULE KEY PARK CO3MISSION e2�, 1st Tull OFFICIAL HOLIDAY X MARCH APRIL S M T W T F S S M T W T F _ 1 2 3 1 zl 4 5 6 7 4 5 © 7 8 9 10 8 ��I---2---��I 10 11 12 13 1< 11 12 13 14 15 16 17 15 16 17 18 19 20 2; 18 1 '2d 21 22 23 24 22 ©3 24 25 26 27 2E 25 26 27128 29 30 31 29 30 JULY AUGUST S M T W T F S S M P W T F S 1 �22----1111 Z!2� X 5 6 7 1 2 3 4 8 9 30 11 12 13 14 5 6 7L 8 9 10 11 15 1 17 18 19 20 21 12 13 14 15 16 17 lE 22 2 24 25 26 27 2 19 20 21 22 23 24 2` 29 30 31 26 7 28 29 30 31 NOVEMBER DECEMBER S M T W T F S S M T W T F S 1 2 3 1 8 9 IC 2 3 ZL 5 6 7 8 11 1© 14 15 16 1 9 10 11 12 13 14 15 18 19 20 21 23 2 16 17 18 19 20 21 22 25 26 27 28 29 30 23 24 X 26 27 28 29 30 31 1 r.; : n —,.,.1 } SANITARY ISSUES- The first sanitary sewer project was constructed in 1963 and 1964. The French Lake Sanitary Sewer District was formed, basically comprising the area that would be served by the French Lake Sewage Treatment Plant. The trunk sewers were constructed large enough to service the entire area including Minnetonka Beach. An assessment of $110.00 per acre was levied at that time to defray the cost of the trunk sewer. Lateral sewers were also assessed in addition to the trunk sewer cost. The acreage assessment was spread throughout the entire district to be served by the trunk sewer. An assessment of $225.00 ito amortize the cost of the sewage treatment plant) was levied for each single family residence or its equivalent where sewer service was available. This assessment was not levied against vacant property. New residences were charged the $225.00 at the time a building permit was issued for a house with sewer service available. Prior to 1971 all costs relating to the construction of lateral sewers were assessed on a footage basis. In that year the pol icy was revised to assess 40% on a footage basis and the remaining 60% on a unit basis. The unit is based on a single family residence (or its equivalent), or if the property is vacant, on the unit area required to construct a single family residence. The unit area is based on existing neighborhood density or zoning. The footage is taken to be the actual footage for rectangular lots and the avetage width for irregular lots. The front lot line is often used where the side lot lines are only slightly skewed, particularly where the sewer runs parallel to the front lot line. The minimum footage assessment for a buildable lot is 50 feet. Corner lots are assessed for the frontage or average width, generally taken to be the narrowest width. If the lot is deeper than the average lot in the neighborhood the additional depth will be assessed as frontage, multiple units and additional footage will be assessed. A vacant lot under single and separate ownership is not assessed for a unit if it is too small to qualify for a building permit but will be assessed for footage. Multiple small lots owned by the same person are assessed fractional units relating to the number of lots required to be combined to qualify for a building permit. The footage is fully assessed. Assessments for residential and commercial properties are calculated in the same manner and at the some rate, however commercial buildings are assessed for lateral and connection unite based on the sewage flow compared to a single family residence. MATRR The assessment policy for water 's similar to sewer in that 49% is based on footage and 69% on units. There was no separate connect ion cost for the wells, tank and treatment plant. The footage assessment is calculated in the same manner as for the sewer. The units are ralculated in the same manner for the residential properties. Commercially zoned properties are limited to 4 units per acre when occupied and . per acre when vacant. Each-ommercial unit or assessaole foot is calculated at 1.5 times the rate for residential pd,le I (A 15 properties. This is to compensate for the larger mains and additional hydrants placed in the commercial areas and in recognition of larger insurance savings in comparison with residential properties. GENERAL Wetlands are not to be assessed. Many questions regarding assessments are referred to the City Council as individual cases. In 1972 the Dunwoody Sewer Project was initiated, and assessment policies changed because of a samll isolated area that could not totally benefit from a fully assessed project. The final assessment was 501 tax levy 50% individual assessment. In 1982 our last sewer project, we found high costs that could not be fully assessed individually to justify a full benefit offset by an increased market value. This project the Minnetonka Bluffs, West Ferndale and contiguous areas were 80% individually assessed and 20% general revenues on tax levies. Undoubtedly we will continue to require special assessments to f inance a local improvement but a great deal of more care has to be put into hearing proceedings to assure everyone that indeed, by law an individual assessment would not exceed the benefit as measured by the increased market value. The Crystal Bay area is a perfect example of an isolated area found to need municipal sewers which could be legally appealed if every individual assessment were applied. If an assessment is not realistic in view of the real estate market the City can determine that Buchan improvement is necessary, a benefit to the general public, and could be partially funded by the general fund. Public land is automatically funded by the general fund for future consideration the following general policies should be reviewed. GENERAL POLICIES 1. Basic Policy. Special assessments will be levied against benefitting properties to cover 100% of project costs including principal, interest, administrative, bonding and service charges. 2. General Public Benefit. The City Council may declare a percentage of any project cost to be of general public benefit to be financed from general revenues or obligation bonds rather than from special assessments. This amendment to the basic assessment policy would apply in cases where an identifiable general benefit is present (example_: collector street paving requiring wider or heavier construction than a local street. The abutting owners would receive the same benef it and assessments as those abutting a local street with the extra costs spread as a general public benefit). 1. Determi"tion of special Besefit. Upon the advice of the City Administrator and the City Engineer, the Counci shall determine which properties receive special benefit from each public improvement project, and therefore which properties shall be specially assessed. y nqv _ of IS The amount of the special assessment shall not exceed the amount of special benefit. All properties shall be considered equally. No property receiving a special benefit shall be excluded from being assessed therefore, although such assessment may be deferred according to policies set out below. 4. Assessment Procedures will follow the requirements of Minnesota Statute; Chapter 429: a) receipt of petition requesting improvements b) ordering feasibility report c) receipt of feasibility report and ordering hearing d) public hearing to consider improvements e) ordering plans and specifications f) approving plans and requesting bids g) receipt of bids and preliminary determination of costs h) ordering assessment hearing i) public hearing to consider assessments j) adopting assessment roll k) awarding bid after expiration of assessment appeal period 1) conducting required hearings and adoption of supplemental assessments after completion of construction of costs exceed original assessment Note that an alternate procedure maybe followed if assessment appeal risks are low and,/or if assessment appeal waivers are received prior to award of contract: a) receipt of petition requesting improvements b) ordering feasibility report c) receipt of feasibility report and ordering hearing d) public hearing to consider improvements e) ordering plans and specifications f) approving plans and requesting bids 9) receipt of bids and preliminary determination of costs h) award of biJ and construction page + , t 1': i) final cost determination after construction completion j) ordering assessment hearing k) public hearing to consider assessments 1) adopting assessment roll 5. Time of Assessment. Assessments adopted prior to October loth of any year will have the first installment due with the property taxes payable the following May 15th. Assessments adopted between April 10 and October le of any year shall have 12 months interest due with the first installment. Assessment adopted between October 10 and April 10 of the following year shall have 18 months interest due with the first installment. 6. Interest Bates. Interest rates charged on special assessments shell be one percentage point higher than the interest rate payable on the improvement bunds issued for the priject, rounded to the nearest one-fourth percentage point. 7. Prepayments. Partial pre -payments will not be accepted. Upon adoption of an assessment roll, any property owner may pay his assessment in full within 30 days without incurring any interest charge. After that date, but prior to November 15 of the year the assessment roll is dopted, the assessment may be paid in full and the only interest due shall be any amount sharged in excess of the first 12 months interest. 8. Assessment Payoffs. a) Voluntary payoff. Any owner may payoff in full all remaining principal amounts of any special assessment, including payment of interest due to date, at ..ny time. Payoff prior to November 15 of any year will avoid interest charges for the next succeeeding year. b) Required payoff. The Council may require prepayment of any outstanding special assessments including interest due to date as a condition of approval of any subdivision, planned unit development, conditional use permit or variance. 9. Past -Owe Assessments. Special assessments shall be paid current each year at the time general property taxes are due and payable. Building permits shall not be .ssued for any property unless all special assessments due have been paid current. The Council may refuse to approve any subdivision, variance or conditional use permit for any property unless all special assessments due have been paid current. Is. Tax-rorfeited Property. a) Release of any tax -forfeited property for public sale shall be page 4 of 15 subject to collection of all past due special assessments as a part of said purchase price. Any past due special assessments not collected on sale shall be subject to reassessment or, at the option of the Council, the entire outstanding special assessment amount including interest shall be due in cash at the time a building permit is issued for the property. b) Retention of any tax forfeit property for City use, which property has unpaid special assessmentsdue, shall have the total outstanding special assessment amount charged, against the City department or operating fund for which said land wa obtained. 11. Deferred Assessments. a) Low-income senior citizens will be eligible to have payment of any special assessment deferred for a period o five (5) years in accordance with the terms of Resolution 41993. b) At the time any assessment roll is adopted, the Council may elect to defer coliectlon of any special assessment or portion thereof that would otherwise have been charged to property in the project. Such deferrals when made she 11 be uniformly applied to all properties in the same class (e:.ample: vacant properties assessed for trunk sewer when no lateral sewer is available). Collection of deferred assessments shall be determined by the Council aL the time the roll is adopted, in one of the following ways: 1) Deferral for a specified number of years with collections thereafter with property taxes in the normal fashion; or 2) Collection in cash as a connection charge at the time of issuance of any building permit; or 3) Collection in cash at the time of approval of any subdivision or planned unit development for the property. 12. Repayment Period. The number of years over which a special assessment is spread shall be uniform for all properties assessed under any one levy, and shall be determined by the typical amount of individual assessments and/or the duration of the bond issue: a) Average principal amounts of $190 or less per property shall normally be assessed for collection in one installment. b) Average principal amounts of $599 par property shall normally be assaased for collection in 3 to 5 installments. c) Typical principal amounts averaging more that $500 per property shall normally be assessed for collection over 12 to 15 installments depending upon the bond issue duration. d) Assessments levied specifically for work benefitting any new subdivision or private development shall he subject to an page 5 of 15 agreement with the developer providing a maximum assessment period of 5 years, with all assessments against individual lots to be paid off prior to sale of such lot and/or prior to issuance of a certificate of occupancy for such lot. e) Assessments levied for any hazardous building proceeding, noxious weed cutting, diseased tree removal or any other work performed by the City on private property shall be normally collected in one installment. 13. Publicly -Owned Property. Publicly owned property including property owned by the City located within an improvement project Sias will be included in calculation of every assessment formula as if the property were pri.ately owned: a) For City -owned property, that portion of the project cost which would have been assessed agatast such property shall be paid from general revenues to the projec' account in a lump sum or on an annual basis over the duration of the assessment period. b) for property owned by any other governmental agency, that portion of the project cost which would have been assessed against such property shall be billed directly to said agency. c) For property held by the State as tax -forfeited property, the assessment shall be adopted and levied as part of the assessment roil in the normal fashion, and the principal and interest shall be collected on sale of the land or at the time a but lding permit is issued as setforth in policy 119 above. 14. Abatee st of Assessments. Once levied, the City is under no obligation to abate, reduce or refund any special assessment or any portion thereof, even if subsequent changes are made in zoning regulations or if eventual developed use is less than the unit density originally assessed. However, the City Council will look favorably on abating the unpaid portion of any excess "unit" assessment upon application of the owner as follows: a) Only "unit" assessments will be abated, not area or frontage assessments. b) Only the remaining unpaid portion wil I he abated. There will be no refund of amounts already due or paid. c) in the case of lots owned in common, the c'ouncrl may abate unit assessments in ex.:ess of one whole unit provided the owner legally combines for tax and zoning purposes all commonly -owned lets into one buildable parcel. it. OI11161I011 OF PORIOLA u/t" 15. Resident(•' Pgmfealent Connection Delta (Rt). A 'unit- tot purposes of C.I 'ing assessment formulas Shall Dean the equivalent page 6 of 15 of one single family residence. Uses other than single family residences shall be assigned multiple "units"according to the formula for sewer availability charges as adopted by the Metropolitan Waste Control Commission: a) Single family residences and each unit of a townhouse shall comprise one "unit". b) Duplex residences shall be assigned one "unit"for teach dwelling, 2 "units" per building. c) where 3 or more dwellings existing in any one apartment or condominium building, each dwelling shall comprise 89% of one "unit". d) Residential properties containing a principal residence and a quest house will be assigned units as follows: 1) 2 units if the guest house is detached, if the guest house has 1,00e square feet of living area or more, and/or if the lot area is at least 1 1/2 times the minimum lot area of the zoning district. 2) 1 1/2 units if the guest house is detached, if the guest house has less than 1,000 square feet of living area and if the lot area is lose than 1 1./2 times the minimum lot area of the zoning district. 3) 1 1/2 units if the guest house is attached. 4) Additional unit assessments shall be due in cash if the property is ever subdivided and less than 2 units were originally assessed. e) Residential properties containing an accessory buildiny to be connected to sewer or water shall be charged only the 1 unit for the principal residence provided the accessory building does not constitute a guest house or dwelling. f) Non-residential buildings and structures shall be assigned one "unit" for each 1es,07Y gallons of sewer flow per year (214 gallons per day) with a minimum of one "unit" per property. Such buildings, structures or property shall further be assigned "units" consistent with the MWCC standard table of SAC units for various commercial, public, and institutional facility types. This formula shall apply to all project types, not just sewer projects. g) Non-residential properties containing two or more habitable buildings on an undivided property shall be assessed multiple units based upon the total number o: units calculated separately for each building. A minimum of one unit shall be assessed for each separate building actually connected to sewer or water. h) When multiple units are calculated for any property based on use, page 7 Of 15 the assessed units shall be a whole number determined by rounding down if the calculated number is .25 or less, and rounding up if the calculated number is .26 or more. :6. Future Unit Determination -Vacant Properties. Vacant property shall be assessed units based upon zoning analysis of allowable use and allowable density. Normally a vacant lot will be assigned a minimum of one unit. Multiple units will be assigned based on potential development to but not in excess of allowed zoning density determined by both lot area and minimum required lot width fronting on the current improvement. Where large tracts of land would require subdivision and extension of future streets and/or future lateral utilities to serve all the mathematically possible units, only those existing or future units directly fronting on or served by the current improvement will be asseeped for the project. Unbuildable lots or outlets will not be assessed for "unit" charges. 17. Front Footage for purposes of calculating assessment formulas shall be determined as follows: a) Typical frontage shall be the actual platted or measured lot width measured at the front lot line abutting the street being improved. b) A minimum frontage charge of 50 feet shall be assessed to benef itting lots of unusual shape or configuration such as pie - shaped lots on curves or cul-de-sacs or back 'qts served only by easement or narrow driveway areas. c) Corner lots or through lots fronting on two or more streets being improved shall have frontage measured as follows: 1) For curb, gutter, and/or street improvements frontage charged shall be the full width of the widest side plus one-half the width of the other side(s). 2) For sewer, water or other utility improvements frontage charged shall be the full width of the widest side along which the improvement runs. No charge shall be made for frontage on the other aide(a) unless the lot is subd iv idable and service is being provided for two or more units. d) In cases where curb, gutter or street improvements extend only part way along the benefitted property, the frontage charge shall not exceed the minimum 50 feet charge, or the actual length of the improvement, whichever is greater. e) In cases where sewer, water or other utility improvements extend only part way along a benefitted property, the frontage charge shall still be the minimum 50 feet charge or the acuual lot width not to exceed the minimum required width of lots in the zoning district, whichever is greater. 10. arms Cheryes, assessment formulas including an "area" charge page a of 15 shall be determined as follows: a) "Area" shall mean the actual platted or calculated lot area in square footage or acres of every benefitted lot in the project area, excluding platted or unplatted road rights -of -way, private road outlots or RLS tracts, open water, designated wetlands, and cemetaries. Unplatted road right-of-way shall be measured 33 feet from the travelled centerline or as otherwise shown on the county half -section plat maps. Unplatted private driveway easements shall not be excluded. b) The project "area" for a storm sewer project shall be the entire watershed or sub -watershed determined by elevation. Benef itting properties may be divided such that only part of a lot is within the project area. In th, se cases, only the area of lot actually within the watershed will be assessed against that property. c) The project "area" for a trunk sewer, lateral sewer or watermain project shall be the entire lot area of every benefitted property, except that for large subdividable parcels being only partially served by lateral sewer, the assessable area shall be the number of existing and future units served times the minimum lot area required in that zoning district. d) The project "area" for all other projects shall be the entire actual lot area of each benefitting property. 19. Lots in Cos man Ownership. Where two or more adjacent lots or tax parcels are owned in common, the assessment formula shall be determined and divided as follows: a) The total number of "units" assessed shall be determined by zoning review as if all commonly -owned lots were one parcel. This total would then be divided and spread over each separate tax parcel as evenly as possible. b) The total frontage assessment shall be determined as if all commonly -owned lots were one parcel, with each separate tax parcel assessed according to its actual dimensions. c? The total area assessment she L' be determined as if all commonly - owned lots were one parcel, with e-,ch separate tax parcel assessed according to its actual dimensions. d) Assessment of a partial "unit" shall not make a lot "buildable" unless combined with other adjacent lots to equal at least one full "unit". e) Assessment of footage or area charges to any lot shal I not make the lot "buildable" unless it otherwise qualifies under all current zoning regrilations. 20. Subdividable Lots. Whenever a property is subdivided into page 9 t 15 additional building sites, or whenever any property is developed or redeveloped to a greater use density than the number of units originally assessed, additional "unit" assessments shall be paid in cash at the time of subdivision approval, or at the time of issuance of a building permit, whichever occurs first. III. PROJECT TYPES 21. Systems Replacements Io-Rind. when an existing system requires replacement in -kind without increase in capacity the replacement cost may be: a) Added to operating expense and paid by an increased rate or surcharge to existing users Bch as on sewer or water bi ilings) ; or b) Specially assessed to existing users on the same basis as new construction would be assessed. 22. System Replacements For Increased Capacity. When an existing system must be enlarged to accommodate increased use or capacity the replacement cost should be divided as follows: a) The total replacement cost should be assessed against new development when the replacement is required solely to permit such new or future development. b) The oversizing cost should be assessed against new development and the cost of replacement in -kind may be assessed against the existing users when an otherwise requirement replac.ement is oversized to accommodate future development. 23. Improvements Within Now Developments. All on -site and off -site improvements necessary to accommodate private land development will normally be installed and financed privately by the developer and not by the Cityas a public project. Exceptions to this policy would allow public improvement and special assessment only as follows: e) Only upon petition by the developer. b) Only if the Council finds a general public benefit to be gained by constructing the project as a public improvement, such as: 1) Improvements that benefit other than developer's property. 2) Improvements would have had to be installed as a public project even if the development was not occurring. 3)Improvements are an extension or continuation of an adjoining public project. 4Improvements within the development must be oversized or otherwise changed to serve property outside the development, page 10 of 15 which oversizing is specially assessable to such other property. 5) The development itself is a public benefit such as low-income elderly housing or neighborhood renewal projects. c) Only if the developer provides a written waiver of any rights to appeal the assessment. d) Only if the developer provides security to assure timely payment of all assessments even if the development does not occur. 24. Trunk Sewer Projects. Trunk sewer projects consist of common facilities such as oversize gravity sewers, force main sewers, lift stations and purchase of capacity in metropolitan facilities that indirectly provides sewer service or capacity for properties in Orono. Benef itted properties include all properties whose existing or future sewer flow would pass through the subject trunk sewer facilities. Trunk sewer projects should be assessed as follows: a) On an area basis of $x per acre or per square foot against all assessable property in the service area. b) On a unit basis of $x per REC unit against all existing and estimated future units in the service area. 25, Lateral Sewer Projects. Lateral sewer projects consist of gravity sewers and where necessary lift stations and force -main sewers that provide direct sewer service to individual properties. Benef itted properties include all vacant or occupied properties which are provided with sewer service stubs and/or which otherwise have access to use such sewer. Lateral sewer projects should be assessed as follows: a) On a unit Lasis of $x per unit served by the lateral, determined by dividing the total number of existing and future REC units served; and/or b) On a front -footage basis of $x per actual foot of lot width abutting the lateral sewer. IV. ASSESSMENT POLICY REPORT 1. Assessing on a straight "unit" basis requires careful zoning review prior to assessment but is often most equitable, especially in built-up neighborhoods where each house needs the same service. Unit assessments tend to overcharge narrow or small late compared to wide or large lots (although the small lots often need the service coat so thus should pay a larger share). "Unit" assessment often requires partial units to be spread over cession ownership lots. 2. Assessing on a front -footage basis more fairly pays for actual construction cost, but tends to penalize large or wide lot owners for they are often s ae code -conforming properties. page 11 of 15 3. Assessing on a combined unit and footage basis requires a more complicated formula and often is no more fair than a straight unit assessment. 4. Assessing for improvements primarily benefitting a developer requires care and security to assure that the assessments will be paid even if the development does not proceed. 5. Senior citizen assessment deferrals benefit the City by making it easier to install needed projects without burdening low-income owners. Yet the 5 year deferral must clearly be understood to be a deferral and not a grant. Also, allowance must be made in each project for a certain percentage of such deferrals which do add to the general project cost. 6. Assessment policies should be developed to address public property, wetlands, subdividable properties and residential properties with guest houses and/or accessory buildings served by sewer or water. 7. Assessment decisions often become intermingled with easement acquisition costs. Policies should be established to guide decisions and negotiations in this area. S. Policies are needed to qufde the timing of assessment hearings compared to contract awards in consideration of total cost determination vs appeal risks. This would include assessment appeal waiver policies. 9. Policies are needed as to assessment term or duration, and minimum amounts to be assessed over multiple years. page 12 of 15 THE FOLLOWING ARTICLES ARE FROM THE MAY, 1979 ISSUE OF MINNESOTAC IT I ES SPECIAL ASSESSMENTS Are special assessments still a viable means of raising foods for city improvements? In Buettner v. City of St. Cloud (Minn. Sup. Ct., March 16, 1979), summarized in the May issue of Minnesota Cities, the Minnesota Court decided that when a dissatisified property owner appeals from a special assessment and alleges that the assessment exceeds the increase in market value of his property resulting from the improvement, the reviewing court will not grant any deference t;, the decision of the governing body. Instead, on such appeais, the court will take new evidence and determine the amount of benefit as if the council had never made a decision on that issue. In the past, special assessment proceedings have been a rapid, relatively certain, and inexpensive means of raising money to finance needed local improvements. However, the Buettner decision now control the action of district judges, and entices property owners to have a second go at the process in hopes of getting a reduced assessment. Special assessments in the future seem much less likely to be swift, inexpensive, and certain. Undoubtedly, cities will continue to need the special assessment process as a means of financing local improvements, but a good deal more care should now go into the execution of such a proceeding. Certainly, before ordering an improvement, the council should now, as in the past, gather as much evidence as possible on the issue of whether or not the benefits to be derived from installation of a particular improvement are sufficient to justify the cost, and make specific findings as to increases in market value. (See Swart v. City of Winthrop, Minn. Sup. Ct. April 12, 1979, summarized elsewhere in this issue.) Where an improvement has been petitioned for and the benefit does not substantially exceed the cost, a council might adopt different strategies depending upon its objectives and what it sees as the potential for appeals. Where the council would not order in the improvement unless virtually all of the cost can be collected through special assessments, the council may want to obtain waivers of rights to appeal before entering the contract and ordering the improvement. That strategy probably works only if the area affected by the improvement is small. ror larger projects of a similar nature, a council could consider making the improvement contract itself conditional on the absence of any objections being filed for the period up to 39 daye after the assessment hearing. If this plan were followed, a binding contract would not be entered nor would any of the improvement work start until after both the improvement and assessment hearings were concluded and thr time for appeal had run. Of course, the city might be stuck for some untoreseen page 13 of 15 cost if this plan were used, but a council might determine that avoidance of litigation costa are worth that chance. Another means of reducing the number of appeals on all special assessments is simply to pay some substantial portion of the cost ^f all improvements out of general funds. This would reduce the chance that any individual assessment would exceed the benefit from the improvement as measured by the increased market value resulting from the improvment. Finally, some cities may wish to pick up on a hint that the Court gave in its Buettner decision, by making available to the property owner, as a part of the municipal assessment process, an adversary proceeding where evidence of market value improvement could be considered and made a part of the assessment determination. Without further pronouncements from the Minnesota Supreme Court, this approach is by no means a guaranteed cure for assessment appeal problems. However, it would seem reasonable that the assessment hearing notice could contain a statement that those who wish to disoute their assessment as determined in usual formula fashion may notify the council, and the council can then arrange for a hearino before an impartial hearing officer. The property owner could then put in such testimony as he thinks is relevant concerning the improvement in market value of his property, and the city could do likewise. The city could tA_--n adopt the assessment role, including assessments determined on a conventional formula basis and also including thosF determined in adversary proceedings. The language of Buettner seems to indicate that the Supreme Court would limit the trial court tc a review upon the record (without new testimony) if such adversary hearings were held and an adequate record made as part of the city's assessment proceedings. If that is the ultimate decision of the Supreme Court; th_. city would have some greater certainty as to the amount of money it could expect to collect, much earlier than if it waited for a district court trial which disregards all prior municipal proceedings. This last potential solution offers no real certainty to a city until such a procedure is appealed to the Supreme Court and sustained. Undoubtedly, before the next session of the legislature, proposals will be made to address problems raised by the Buettner case by amendment to the statutes. However, a statutory remedy will not be easily found, since the problem the Court found with local assessment proceedings is constitutional in its origin. In the meantime, governing bodies will have to examine their assessment rolls in a very practical way to determine whether or not an appeal is likely to result from a particular assessment and whether that assessment is realistic in view of the real estate market in their city. page 14 of 15 A CITY SHOULD CONDUCT BEFORE- AND AFTER -MARKET IMPROVEMENT VALUATION STUDIES REGARDING PROPERTY TO BE ASSESSED TO DETERMINE THE AMOUNT OF SPECIAL ASSESSMENT Appellants were landowners in S4bley County. They had platted and sold various parcels of land since 1957. Some of the lots were provided with utility service after payment by the landowners of a $300 hook-up charge to the city. In 1974 and 1975 the city decided to make various improvements, such as curb, gutter, sewer, water, and street surfacing, in those areas of the city where these installations were not already made. The city prepared assessment rolls in compliance with state law. However, the person who prepared the assessment rolls and the mayor each testified that they did not make a before- and after -market improvment valuation study regarding the appellants' assessed property. The appellants brought suite alleging that the assessments were excessive. The trial court held for the city, stating that the market value of the land increased by more than the amounts assessed. Upon appeal to the Minnesota Supreme Court, however, the judgment was reversed and remanded. The Court had difficulty in finding that the special benefits received by the appellants' property as a result of the improvements equalled or exceeded the assessment made. The reason for the difficulty was the fact that both of the parties presented conflicting evidence regarding the market value of the property before and after the improvements were made. The Court was faced with a battle of the experts and ultimately found that the appellants' expert (a real estate appraiser) was more credible than the city's expert (another real estate appraiser). Apparently the two appraisers had different methods of appraisal. The appellants' expert looked at the land itself, analyzed the current real estate market in the city, and compared the property in question to similar property recently sold. The city's expert based his estimate of the market value on his experience in building and selling spec:lation homes in a nearby city. The Court, upon review of the evidence, found the appellants' expert to be more believable. Therefore, it ordered the assessments to be re -assessed pursuant to the re -estimated market values. The Court also held that when a landowner appeals a special assessment case to district court, he is not entitled to a jury trial unless such trial is specifically granted by statute. Since there is no such statute for special assessments, the matter is to be tried by the trial court judge. Evert v. City of Winthrop (Minn Sup. Ct., April 13, 1979). page 15 of 15 'JV' I, I 'i'- I,1_ . I.,r SEP 10 1984 TOr Election Judgr.s FROM: Dorothy Hallin, City Clerk .STY OF OF..C"O DATE- August 31, 1984 SUBJECT: Primary Election - September 11, 1984 You have been appointed election judge for the forthcoming Primary Election, Tuesday, Spetember 11, 1984, from 7:00 A.M. to 8:00 P.M. to serve according to the following schedule: PRECINCT 1 - COUNCIL CHAMBERS, CRYSTAL BAY Jan Johnson, Chair Oliver Engstrom Albert J. Ackermann Bonnie Kanter Patricia Spencer Annette Langford Cecilia Sundean PRECINCT 2 - GRAY FRESHNATER BIOLOGICAL INSTITUTE Lou:.nn Powell, Chair Marvel Rice Dorothy Rauschendorfer Eileen Nicholls Mark Carlton Miriam I. Johnson William C. Gonyea PRECINCT 3 - LAKEVIEW GOLF CLUBHOUSE Marjorie F. Gooch, Chair Cookie Sarenpa Betty Howells Barbara Ericson Ruth Hoffman Darlene Durkin Ruth Garlock PRECINCT 4 - ORONO MIDDLE SCHOOL - ROOM 0124 Connie Carruthers, Chair Kenneth Turnham Lillian Stubbs Barbaro Olson Cliff Hillstrom Norma Dickey Rose M. Madden Marlene J. Deschler Christine Peasley ALTRRNATRS C. Ann Clark Ruth D. Elsinger Julie Harren Election judges and alternates are required by law to receive election training prior to the actual election. We will have our election I Age meeting on Friday, September 7, 1984, at 2-38 P.M. in the City Council Chambers to swear you in as election judges and inform you of the changes in election laws made by the legislature. The election materials will be passed out at this meeting. Your promptness will be appreciated. In the event you are unable to nerve at the location ana time specified, please telephone Dorothy Hallin at 473-7358, so that we can make arrangements for alternates. C"�'l1%('II reFFTING (T SEP 1 fi 1994 C1 TY OF ORONO To: W.R. Benson, City Administrator From: John R. Gerhardson, Public W,.,rks Coordinator Date: September 4, 1984 Re: Temporary Employment - Randy O'Brien Street Department Currently the Public Works Street Department is short one light equipment operator due to an illness of one full time employee, John Sass. At this time it is unknown when John will return to work. Therefore, I have received an application for temporary employ- ment from Randy O'Br4^_n, 380 Turnham Road, Orono. Randy is qualified for the position with equipmen_ operating experience. Therefore, it is my recommendation to employ Randy O'Brien as a temporary light equipment operator at an hourly rate of $9.00 per hour effective September 4, 1984. To: Dick Benson, City Administrator From: Lorraine McGowan, Liquor Store Manager SEP 10 19b4 Subject: Part time Employment CITY OF Or;ONJ Date: September 6, 3984 After our discussion for more help at the liquor store, I had a meeting with Dean Young. He has decided to stay where he is. The city has put him on salary instead of hourly, and gave him a good increase in wages. As you know I had an ad in the paper for part time help. I have hired Curt Brimer and Michael Greenquist on a temporary basis to see if they will fill our needs at the Orono Liquor Store. They both have been cleared by the Orono Police. Their starting rate will be $4.00 per hour with a reviewal in three months. John Hennings, one of our other part time employees has been with us over three months and he is making $3.95 per hour. I am requesting he be raised to $4.35 per hour immediately. He is responsible at times for locking up at night. His regular job sometimes limits his hours at the liquor store, but he is a very responsible employee. With the two added part time employees, plus the two we have, the hours needed for nights, week -ends, vacations, sickness etc. should be corrected. Aug•,st 30, 1904 CITY of ORONO ew• Other Po,Y W-c".11 ary. Mmne••b SrJra•Mumnp•1 (lfhr. On the North Shore of Lake Minnetonka CITY OF Ci:i)r,io Mr. Thomas D. Creighton stern, Levine, Schwartz, Lifson, Creighton and Bunin, P.A. 5005 South Cedar Lake Minneapolis, Minnesota 55416 Dear Mr. Creighton: The question concerning insurance coverage for the Lake tonka Cable Communications Commission is not being addressed a+ :inq to the Commission's agreement page 16, paragraph XII1. We .cem to be avoiding an issue that is of the most importance to all members serving on the Commission. The decisions made by the Commission are not protected by each cit'.es insurance carrier simply because public officials errors and omission coverage does not extend itself into another separate regulating body. The cable commission acts as a separate regulatory fgency not accountable to local separate city council. Antitrust suits can result from the decisions made by the cable commission regulatory body which does administrate authority. I do not believe that the cable commission can ignore the possible legal exposure concerning antitrust suits and accompanying treble damages, which are popular today. As the legal counsel for the Lake Minn-. ,onka Cable Commission I do advise you to review this matter as soon as possible to allow the directors to make a sound decision based upon your recommendation. Thanking you in advance, I am Sincerely, , Nat c A. Benson Cl Administrator cc: Mrs. Jan Maugen a111 W\r.a/li\I\r. /+1'u • ',Uwl\I\IY�INI\all\•\(1 ('1'IM • 11 a,Y.1*.1 11'11+ 11\I \\Iv MEMORANDUM TO; Mayor and City Council of Orono PROMS Bruce D. Malkeraon G, R6; Welsh vs. City of Orono DATES September 4, 1984 Enclosed find a copy of the Minnesota Supreme Court's decision in the Welsh vs. City of Orono case which I received this morning. Aa you may rU 'IT Wi sTi applied for permits to dredge the lake bottom, install a Iona dock and riprap his shoreline. The City denied his permits. He claimed that the City did not have jurisdiction over those activities and sued. The trial court ruled for Welsh but stated that he did not deserve the award of the requested attorney's fees. The Supreme Court has now ruled: 1. The City does not have the authority to regulate dredging in public waters because the DNR has exclusive authority to do so. 2. The City does have authority to regulate the location and size of docks. 3. The City does have authority to regulate riprapping of shoreline and disposition of dredge spoils within the City. 4. The City is not liable for Welsh's attorney's fees. This decision is important to the City of Orono and all ci- se in that it clearly upholds the City's right to control the location and size of docks, riprapping and related shoreline activities; this is true even with the concurrent jurisdiction of the lake Minnetonka Conservation District, Department of Natural Resources and the Minnehaha Creek Waterbed District. This decision limits the availability of attorney's fees to the plaintiff in State court came■ to very limited fact situations. Mayor and City Council of Orono Page 2 September 4, 1984 The decision also answers the repeatedly asked question of whether or not the City has jurisdiction over dredging in the lake bad. Note, in this regard, the Court does agree with the City that the City has jurisdiction over dredging in adjacent marshland, wetlands and floodplains. In order to be in compliance with this decision, the City may continue its present practices and regulations in regard to lake activities, except that it cannot deny or approve of the actual act of dredging in open -lake areas. Because anyone who wishes to dredge must receive a permit from the DNR, the City should address its concerns about the proposed dredging directly to the DNR after the DNR has given notice to the City that the DNR is considering a permit for dredging. The City can then argue for or against the permit (or suggest conditions) directly to the DNR. In the event the DNR acts in a manner contrary to the City's position, the City has the statutory authority to challenge the issuance of a permit and its conditions before a hearing examiner and thereafter in court, if necessary. Therefore, the City still has ample opportunity to make sure the dredging is not adverse to the interests of the City. I do recommend that City staff communicate with the DNR to make sure that staff understands the DNR'm procedures and timetables in regard to any future dredging. The City can require a permit for dredging as it relates to the disposition of the dredged spoils. BDM BDM/dc Enclosure CC: Walter Rene,)? Jeac Mabust'i 4797j STATE OF MINNESOTA IN SUPREME COURT C3-83-699, C2-83-1276 Hennepin County ReUey, J. C. Rax Welsh, petitioner, Appellant (C2-83-1276), Endorsed Respondent (C3-83-699), Filed August 31, 1984 V. Wayne Tschimperle Clerk of Appellate Courts City of Orono, a Minnesota municipal corporation, Respondent (C2-83-1276), Appellant (C3-83-699). S Y L L A B U S 1. A municipality is without jurisdiction, either explicitly or implicitly, to regulate dredging in public waters because the DepL.:ment of Natural Resources has exclusive jurisdiction to grant or deny dredge permits for work in public waters as provided by the legislature. 2. The Department of Natural Resources dredging permit issued was conditional upon compliance with all other municipal zoning regulations. The .nal court, therefore, erred in ordering a municipality to refrain from interfering with a proposed permanent dock and riprapped shoreland protection because the municipality has express power to regulate wharves and docks and shoreland areas. 3. The trial court did not abuse its discretion in denying attorney fees under 42 U.S.C. 5 1999 when the claim is essentially a private stale law claim and is not within the spirit of the civil rights attorney fee provision. Affirmed in part; reversed in part and remanded. Considered and decided by the court en bane without oral argument. O P I N I O N KELLEY, Justice. The City of Orono denied C. Rex Welsh's (Welsh) application for a conditional use permit to dredge a portion of the bed of Lake Minnetonka adjoining the Welsh residence. Welsh filed this action seeking declaratory and injunctive relief.) The trial court granted Welsh summary judgment on the ground that Orono lacked jurisdiction to regulate lakebed dredging. The court ruled any Orono regulation of dredging was void and further ordered Orono to stop "interfering with" Welsh's dredging and his proposal to construct a permanent dock and to riprap the shoreland adjoining the proposed permanent dock.2 The trial court did not specifically rule on the remaining claims in Welsh's complaint. Orono appeals from the summary judgment order. Subsequent to Orono's appeal, Welsh moved for attorney fees pursuant to 42 U.S.C. 5 1988 (1982). The trial court denied that motion. Welsh appeals the denial of attorney fees.3 We affirm the trial court's order that Orono lacked jurisdiction to regulate dredging in the bed of Lake Minnetonka and denying Welsh attorney fees. We reverse that part of the order banning Orono from "interfering with Welsh's construction of a permanent dock and riprapping the shoreland adjoining the dock." Welsh resides on residentially -zoned property bordering Noah Arm Bay, a portion of 1 Welsh asserted five claims in his complaint: (1) Orono unlawfully denied the permit; (2) Orono i. ..ed jurisdiction to regulate the dredging of Lake Minnetonka; (3) the state had preempted municipal regulation of lake bed dredging; (4) Orono waived its right to object to the dredging; and (5) Orono's unlawful exercise of its police power violated Welsh's constitutions' rights. (The last claim alleged violations of the due process and taking clause of the United States and Minnesota Constitutions and the federal equal protection clause. It also claimed thes, alleged violations constituted a violation of 42 U.S.C. 5 1983 (1982). thus entitling Welsh to attorney fees under 42 U.S.C. 5 1998 (1982).) 2 Orono had enacted an ordinance that required a conditional use per -,it to dredge the lakebed of Lake Minnetonka within its jurisdiction. Orono City Ordinance 5 31.832(b)2. 3 Welsh's appeal initially was to the Minnesota Court of Appeals. By order, we granted a petition for accelerated review and consolidated his appeal with that of the City of Orono for consideration here. -2- Lake Minnetonka within the city limits of Orono. lie desired to dredge the lake adjacent to his property in order to obtain boat access to the property. He acquired a permit to do so from the Minnesota Department of Natural Resources (DNR) on August 4, 19BI. The permit issued by the DNR was expressly conditioned on other governmental approvals necessary to dredge, riprep and install a permanent dock. Welsh also, as required by state law, served the Lake Minnetonka Conservation District (LMCD) and the Minneheha Creek Watershed District (MCWD) notice of the proposed dredging. The City of Orono was also mailed a copy of the DNR permit application. The LMCD and the MCWD both consented to the dredging. The City of Orono failed to file comments with the DNR, MCWD or to LMCD regarding the Welsh application. The DNR "notification of permit application" to be served upon local governmental units where the dredging would occur requested, but did not require, local entities to comment on the application. Welsh originally submitted an application to the City of Orono for a conditional use permit to dredge and riprep the lakebed adjacent to his property to gain boat access to his land. He evidently at that time did not request approval from Orono of a plan to install a permanent dock. The planning commission of the City of Orono considered and recommended denial of the application. Welsh thereafter submitted a modified application. The planning commission again recommended denial because it felt a 150-foot dock to reach navigable water was a reasonable alternative to dredging.4 The Orono city council's consideration of Welsh's application was delayed at his request for several months. ultimately, Welsh requested that the application be reactivated. The Orono city council, with Welsh present, voted to deny the application in concept and requested the city planner to draft a resolution of denial. The draft resolution 4 Although a 150-foot dock length world regwre a zoning ordinance variance, the city, In an unsworn affidavit of its city planner, alleged such variances had been granted in the past and would be approved if Welsh agreed to the alternative. - 3- was schedu)eJ for review on July 12, 1982. Although Welsh was notified, he declined to attend this meeting. The council, 'herefore, tabled the matter without discussion. On September 13, 1982, the city council heard a final summary of the evidence and testimony regarding its denial of the dredging permit. Welsh was notified of this meeting but chose not to attend. Based on this testimony of adverse environmental effects of dredging, the availability of a permanent dock alternative, and evidence of sufficient existing water depth for navigation, the city council voted to deny the conditional use permit. Passage of the resolution of denial prompted Welsh's suit for declaratory and injunctive relief in Hennepin County District Court. 1. On appeal, Orono claims it has implied power to regulate lakebed dredging within Its corporate limits concurrently to DNR regulation because of venous express legislative delegations of power to municipalities of related subjects. It contends the power to regulate dredging is a necessary implication of power to regulate the general welfare, docks and wharves, zoning, flood plaining and shoreland. In the past, this court has rejected a similar argument where a municioality sought to expand jurisdiction to license tradesmen as an aid to a specific statutory grant. See Minnetonka Electric Co. v. Village of Golden Valley, 273 Minn. 301, 141 N.W.2d 138 (1966). A municipality has no inherent powers, but only such powers as are expressly conferred by statute or ar- implied as necessary in aid of those powers which are expressly conferred. Village of Brooklyn Center v. Ripper, 255 Minn. 334, 96 N.W.2d 585 (1959); Minnetonka Electric Co. v. Village of golden VeHeY, 273 Minn. 301, 141 N.W.2d 138 f1966). If the activity is one peculiarly subject to local regulation —based upon the nature of the activity and its customary area of performance —the necessary implied powers in aid of carrying out express statutory power is construed IiberaLy. However, if a matter presents a statewide prob!em, the implied necessary powers of a municipality to regulate are narrowly construed unless the legwlature has expressly provided otherwise. Rippe, , 255 Minn. at 337, 96 N.W.2d -4- at 588. Orono claims a necessary implication of its power to regulate for the general welfare provided for in Minn. Stet. 5412.221 (1982) necessarily includes the regulation of lakebed dredging. The granted power to regulate for health, welfare and safety has been broadly construed to allow municipal regulation and licensing of wholesale cigarette sales even though another statute expressly only contemplated retail regulation. State v. Crabtree Co., 218 Minn. 36, 15 N.N'.2d 98 (1944). In the instant case, it is Ilea: that dredging on the portion of the lakebed of a navigable lake which encompasses several different municipal jurisdictions is not a matter of peculiarly local concern. Regulation of cigarette sales in a municipality has little or no effect upon other jurisdictions. In contrast, if aJ political subdivisions adjoining Lake Minnetonka could regulate dredging of its likened, different portions of the lake would be subject to different and varied standards and regulations. Moreover, the legislature has clearly established that water resource conservation, and particulary jurisdiction of dredge permit applications, has been delegated to the DNR.5 5 The pertinent statutes read in part as follows: The purpose of Laws 1967, Chapter 905 is to centralize the operating authority of the department of natural resources in a commissioner and his deputy in lieu of the commissioner and several operating divisional directors; to coordinate the management of the public domain; to eliminate duplication of effort and function; and to best serve the public in the development of a long range program to conserve the natural resources of -the state. Minn. Stet. S 84.024 (1992) (emphasis added). In order to conserve and utilize the water resources of the state in the best interests of the people of the state, and for the purpose of promoting the public health, safety and welfare, it is hereby declared to be the policy of the state: (1) Subject to existing nghis_all public waters and wetlands are subject to the rnnlro o the state. •e• (3) The stair shall control and supervise so far as practicable, any activity These statutes vesting central planning of and control over the state's water resources in the DNR preclude an interpretation of the general welfare statute as including the power of a municipality to regulate dredging of waters within its jurisdiction. Orono further asserts the express statutory power authorizing it to regulate the location, construction and use of piers, docks and wharves on navigable waters necessarily implies a power to regulate dredging. Minn. Stet. 5 412.221, subd. 12 (1982). While the statute giving Orono the power to regulate docks clearly allows regulation by municipal ordinance of the location and length, as well as other reasonable regulations of docks extending into Lake Minnetonka, we decline to strain the meaning of that statute to include dredging of the lakebed as a necessarily implied power in furtherance of the specifically enumerated powers of controlling dock construction, length and use. Orono has shown no nexus between the subject of the state statute delegating dock regulatory powers to municipalities and the claimed implied power to regulate the dredging of the lakebed of public waters. Orono further claims it has implied authority to regulate dredging from the enabling Footnote Continued _ which changes or which will change the course, current, or cross-section of public waters or wetlands, including but not limited to the construction, reconstruction, repair, removal, abandonment, the making of any other change, or the transfer of ownership of dams, reservoirs, control structures, and waterway obstructions in any of the public waters or wetlands of the state. Minn. Slat. 5 105.38 (1982) (emphasis added). It shall be unlawful for the state, anv person, partnership, association, private or public corporation, county, municipality or other political subdivision of the stale, to construct, reconstruct, remove, abandon, transfer ownership, or make any change in any reservoir, dam or waterway obstruction on any public water; or in any manner, to change or diminish the course, current or cross- section of any public waters, wholly or partly within the state, by any means, including but not limited to, filling, excavating, or placing of any materials in or on the beds of public waters, without a written permit from the commissioner previously obtained. Application for such permit shall be in writing to the eommiasioner on forms prescribed by him. Minn. Sint. 5 105.42, subd. 1 (1982) act permitting municipal zoning. Minn. Stet. S 462.357, subd. 1 (1982).6 The city argues the authority to regulate "the uses of land for e • s flood control or other purposes" necessarily includes the power to regulate the dredging of lakebeds. The zoning statute expressly delegates lead use regulation to municipalities. It cannot reasonably be interpreted to include an implied power to regulate dredging in lakebeds of public waters. Orono further claims implied power to regulate dredging from the express power granted to municipalities to regulate flood plains by Minn. Stet. ch. 104 (1982) (the Flood Plain Management Act). Pursuant to that act, Orono has adopted a flood plain management plan. Orono Zoning Code 31.800-.895. A flood plain is defined in state law as an area "adjoining a watercourse which has been or hereafter may be covered by the regional flood." Minn. Stet. S 104.02, subd. 3 (1982). The state law also defines Doodway as "the channel of the watercourse and those eortions of the adjoining flood plains which are reasonably required to carry and discharge the regional flood.' Minn. Stat. S 104.02, subd. 4 (1982). Pursuant to section 104.04, local governments may develop flood plain management ordinances which muy include but are not limited to "the delineation of flood plains and floodways," the "preservatioi, cr the capacity of the flood plain to carry and discharge regional floods," the "minimization of flood hazards;' and the "regulation of the use of land in the flood plain." The stale DNR has promulgated regulations under the act which, in pert, authorize local government to enact special permit uses within the floodway which have low flood damage potential and will not obstruct flood flows during a regional flood. N.R. 88(b) 6 In pertinent part Minn. Stat. S 462.357, subd. 1 (1982) provides: For the purpose of promoting the public health, safety, moral and general welfare, a municipality may by ordinance regulate • e e the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation, conservation of shorelands, • a • access to direct sunlight for solar energy systems, a • e flood control or other purposes and may establish standards and procedures regulating such uses. rR (1982), recodified at Minn. Rule 6120.5800, subp. 3 (1983). Orono has promulgated such conditional or special permit uses within floodways. Orono Zoning Code 31.832. Within these conditional uses is the provision requiring Welsh to obtain a permit for "dredging L. excavation of material from any lakebed, pond, or wetland or from land adjacent thereto." Orono Zoning Ordinance 31.832(b)2. DNR flood plain regulations, however, state that any proposed work in the beds of public waters to change its course, current or cross-section is "subject to" the provisions of Minn. Stet. ch. 105 (1982), including the DNR's permitting process for dredging. See, e.g., N.R. 89(eXI), recodified at Minn. Rule 6120.5900, subp. 6 (1983); see also Minn. Stet. 5 105.42 (1982); 6 MCAR 1.5022 et sea., recodified at Minn. Rule 6115.0200 at seq. The DNR permitting statute, however, does require that approved dredging be completed in a manner consistent with local flood plain management and shoreland management ordinances. Minn. Str I. S 105.42, subd. la (1982). The legisla'ure, in enacting Minn. Stat. 5 84.024 (1982) and Minn. Stat. SS 105.38 and 105.42, subd. 1 (1992) made it clear that the public policy of this state is that the DNR is to have exclusive authority to grant or deny permits for dredging in lakebeds of public waters. plat zing so, we decline to judicially grant an Implied power in a municipality to regulate dredging from the Flood plain Management Act. Orono next claims an implied power to regulate dredging from the Shoreland Management Act. Minn. Stet. S 105.485 (1982). This act, however, is expressly limited by definition to the regulation of certain land adjacent to waterweys, not to lakebeds. Minn. Slat. S 105.485, subds. 1 and 2 (1982); NR 82(d) (1982), recodified at Minn. Rule 6120.2500 (1983). Moreover, the regulations enacted pursuant to section 105.495 indicate that the demarcation between municipal and DNR regulation is at the water's edge. NR 83(c)(U-c) (1992), recodified at Minn. Rule 6120.3300, subp. 4C. (1983). By enacting sections 84.074, 105.38 and 105.42, the legislature has clearly established -8- that in order to regulate, supervise and control public waters of the state, all authority over dredging the lakebeds of public waters is centralized in the DNR. The duties of the DNR with respect to the management and control of public waters is clearly dominant. Municipalities have no implicit power granted to them by the legislature to grant or withhold dredging permits in public waters. The trial court correctly determined that the DNR has exclusive jurisdiction and authority to regulate dredging in beds of public waters in Minnesota and that local ordinances of the City of Orono which purport to regulate such activity are null and void. 2. The trial court also enjoined Orono from "interfering" with plaintiff's efforts t., build a permanent dock and place riprap shoreline protection. Although Orono has no authority to regulate dredging in the lakebt ., the legislature has granted it authority to regulate by ordinance the location, construction and use of docks on public waters within its jurisdiction.7 Moreover, it has been granted legislative suthority for loc I zoning. Minn. Stat. 5 462.357, subd. 1 0992). The authority granted to municipalities under this zoning statute can reasonably be interpreted to allow Orono to control and regulate the disposition of dredge spoil on municipally -zoned land. Indeed, the DNR dredging permit issued to Welsh is expressly conditioned upon proper spoil disposition. Furthermore, although state law reflecting public policy clearly delegates to the DNR exclusive authority to grant or deny 7 Minn. Stat. S 412.221, subd. 12 (1992), which provides city authority to regulate the design and dimensions of docks, provides ss follows: Harbors, docks. The council shall have power o establish harbor and dock limits and by ordinance regulate the location, construction and use of piers, docks, wharves, and boat houses on navigable waters and fix rates of wharfage. The council may construct and maintain public docks and warehouses and by ordinance regulate their use. Orono's zoning code provides for permanent docks within the flood plain management ordinances of its zoning code. A permanent dock is a conditional use. Orono Zoning Code 31.922(bN2). It may be allowed if a conditional use permit is obtained. Orono Zoning Code 22.400-.490. In addition, it dock length exceeds Orono's zoning code requirements, a lengtl, variance would be required. Orono Zoning Code 32.700-.371. -9- dredging permits, stale law is also clear that dredging approval is conditional upon compliance with municipal regulations governing flood plain and shoreland areas. Minn. Slat. S 104.04, sub 1. 1 (1982); Minn. Slat. SS 105.42, surd. la, 105.485 (1982). Consequently, Orono does have jurisdiction to regulate disposition of dredge spoil either upon the flood plain or the shoreland areas to insure disposition consistent with its flood plain and shoreland . anagement ordinances, and this would include the type and location of any shoreland riprapping. It follows that the trial court's order to Orono to refrain "from interfering" with W'elsh's proposed dock and riprapping the shoreland was overly broad and must be vacated. 3. Welsh appeals from the trial court's denial of attorney .ees claimed under 42 L.S.C. S 1988 (1982). Because Orono had filed its notice of appeal prior to the trial court's order denying attorney fees, Orono argues the trial court was without jurisdiction to make any order or render any decision affecting the order appealed from. State v. Bentlev, 216 Minn. 146. 12 N.W.2d 347 (1943), overruled on other grounds, Stale ex rel. Peterson v. Anderson, 220 Minn. 139, 19 N.W.2d 70 (1945). Even after an appeal is perfected, the trial court does retain jurisdiction over matters collateral and supplemental t� the decision on the merits. State v. Barnes, 249 Minn. 301, 81 N.W.2d 864 0957); see also Minn. R. Civ. App. P. 108.03. This court has never addressed the question of timeliness of post -judgment motions for atlornev fees under 42 U.S.C. S 1988. The federal courts have resolved the issue in several different ways. See Note, Timeliness of Post -Judgment Motions for Attorney's Fees Under the Civil Rt[hts Attorney's Fees Awards Act, 16 Valparaiso U.L. Rev. 355 (1282). Some federal ecurts have applied no time limits to mnitc.a, 1! -* 'zed as king colateral and independent of the merits. Obin v. District No. 9 of the international Assoctatior of Machinists and AeroTare Workers, 651 F.2d 574 (9th Cir. 1991) (Title VD). We have ar< A the supplemental or collateral proceeding approach in interpreting a state inverse 10 condemnation attorney fee provision. Spaeth v. City of Plymouth, 344 N.W'.2d 815 (Minn. 19:4). We there held a claim for attorney and expert witness fees pursuant to Minn. Stat. S 117.045 (1982) "should he treated as a matter independent of the c.erits of the litigation." 344 N.W'.2d at 825. We perceive no reason why we should not apply the same approach in resolving timeliness of post -judgment motions for attorney fees under 42 U.S.C. S 1988. Since a petition for attorney fees is collateral to the merits, it may be heard and decided after perfection of an appeal by a party. We now turn to the merits of W'elsh's claim that the trial court erred in denying him attorney fees. The Congressional history of section 1988 reveals that the attorney fee provision was primarily enacted to encourage civil private attorney general actions as enforcement aids to the Civil Rights Act. S.Rep.No. 94-1011, 94th Cong., 2d Sess., 1-2, reprinted in 119761 U.S. Code Cong. h Ad. News 5908, 5909-0. Although section 1988 leaves an award of attornev fees to the discretion of the court, the United States Supreme Court requires an award of attorney fees to a prevailing party unless special circumstances would render an award unjust. Newman v. Plggie Park Enterprises, Inc. 390 U.S. 400, 402 09( This use does not raise a fundamental civil rights issue such as voting rights, jury or jot, . crumination, school desegregation, or the like. This is not an action for private enforcement of civil right, but rather ■ private action questioning a municipality's regulatory jurisdiction under state law. Thus, this action is not wilnin the spirit of section 1948 fee awards considering the legislative history of the taw and case interpretation. Marlin v. Hancock, 466 F.Supp. 454 (1).Mmn. 1979i; gn rulh, 460 F.Supp. 1193 (E.D.Ve. 1978); Naprstek v_ CAI of Norwich, 433 FSupp. lue, ....D.N.Y. 1977); Boland V. City of Rapid CRY. 315 N.w.2d 496 (S.D. 1982). The essentially private nature of Welshb action constitutes sufficient special circumstances to denv so award of section IIU fee - Because that is one of the alternal,ve reasons given by the trial einirt for darning the uttorney fees, the order denying thr in cannot be said to be an abuse of discretion. We affirm the trial court's order holding that Oroi,o .inked jurisdiction to deny a dredging permit. We affirm the trial court's order denying Welsh section Ig33 attorney fees. 'ne reverse and vacate the trial eourt's order that Orono refrain from "interfering with" We' 's attempt to build a permene,d dock and place riprap shore protection. N'_ remand to the trial court to in turn remand to the city council of t,,e City of Orono to consider Welsh's application in respect to building a permanent dock, disposing of dredge spoil, and riprapping the shoreline. Affirmed in part, reversed in part and remanded. '.IST OF LICENSES FOR COUNCIL APPROVAL FOR NEE-ING OF september 10, 1981 Marty's Excavating Septic System Insta lle_ j '. CITY ORONO m<.. •m.d s.me SEPTIC SYSTEM INSTALLERS ti,t, .d"en. P. B. Bo. 41 of oy;ut I., .. 5571T LICEN:.E APPLICATION Phom: 473-1357 Al et:estions must be answered. License fee, bond, certificate of in, .ro.•:, and evidence of MPCA Certification or Home Sewage Treat- ment Workshop attendance must accompany this applicant..:. All appli- cations are sub sect to a te/ny�(10) day approval period. I. Busin•?t:s or trade name ////i (%�7' 2. Business address 3. Business phone,(.�'J ZS_C/!6 Residence phone_ ,,,.-,c 4. Name of applicant or compArr rep, sentative holdino MPCA certifi- cation !� �( 4 /Ii 'c, ,-� - 5. Type of certification held: _Installer _Pumper _Site evaluator Z( System designer Is this a Provisional Certificate? CERTIFICATE NO.0 Q 7W rJ 6. If no Certificate is halo, provide evidence of attendance at one G Of the On -Site Sewage Treatment Workshops held immediately prior to the current consr-uation season. 7. Have you ever held a Septic System Installer license in Orono before?-fLCI _ Most recent year S. Have you ever had a license revoked?When? Where? SUBMITTTALS HE UIRED: &I.l .00 lie_ se application fee. 4--2. $2,000.00 iicense and permit bt g t..y of Orono as Obligee. The State Plumbers Bor not be accepted. 3. $10-50-100,000 minimum Certifica. Insurance. 4. Copy of current MPCA Certificate or evidence of attendance at On -Site Sewage Treatment workshop held immediately prior to current construction season. LICENSES WILL NOT RE PROCESSED UNTIL ALL ITE-S ARE SUBMITTED. Last persons ether than applicant who are authorized by you to apply for permits anger your license — not owntrro.- ...y W...NuoUw t. tq [IV er q.r, Blw.a., for Ilr..w w Lr y.t •MI• tyµt. F.t..t. .MI., - ota yyU. took, .wl." N tq bw .! too tbq or ..t000t o .N rY Nahwo<.o of " . wo. - 4 q' Appl scants signatur Stott Mow. M1, Mnl.l: City Ce.n<tl Jw, o. aot.: Aw.r.d So" a<.... .. SIN OFFICE USE ONLY ^�6 a 1 T n 4111/P� ,_7. n•V Cjr.:S '9Ji ^_vc/ALLOY Ar7f9 f4.1 nL 11 11471...8 B"%e l;:, wit 12 $1293.59 1687,44 tl )hZVE 74 31 1 1497.47 60?956 8AI4KFIpS JF 42 197U,48 1_46.24 6JnwAS1_R w0 31 2;66J.G2 1443.48 GdLS!1 wJ 9? 1�611.14 1-36.44 C''- CK JY 91 171201 S00.20 1266.+7 �L 9 1631,52 4?C1'i 'iJ 73 + 1e.:C 55715 . Fn;T1L 11716.5^ 1151.16 ,,:r-o.. 7 ;6 149911�3 160i 3 .,_-L`:',. 1' .' 2159,.-9 4)14, '8 C-1 J^ 62 17'?1 .r5 939,53 31 ,:36?038 1555,16 4-. LIn Y 12 41799,52 793,45 F =n5E4 -C •2 1515:.19 231.53 a-4i I'•r ^_J 31 3o 3f.52 U4._C n:'!J. '. • 4'75.51 56:044 J-..U: "J SS 1.1161.53 12°.56 J,.4^.S:', eD 31 11393.12 1.17.51 K-LR3 VH S1 25363.6A 1414.24 K:�.TC2':K 1 31 19176.44 '.^.9.7.,72 d","..'. C. 15 172f., .'7 665 ✓1J Ki:A*.l 'JL 93 KU64K T9 15 22175,75 1235.78 L-T 7Ii. JC 15 1554J,'9 r86. S Y-"JSTH JA 31 19995.78 1174,'S '14,.UFL • 9 267?.43 244413 )ryL4 LP V. 1o15f.<4 1 I1.;4 J 31 105760.6 1 17, 5J .:iS FT 61 13433.45 712,56 )d 93 33..2 ^01^ 41,9$.5C 522.::: o_Gwra '.b 31 25:.13 c'.--5:', 'C 31 td456.41 1105.•7^ 453,76 R':L(o A 31 19671,48 1117. 6^ jr;v) 9J 11 2445.tA 339,15 GL1'T wA 9! 16331.14 1-74.48 R CF:FT _ YS 16S.23 JJ 4! 15339.65 •24. _ S SlLA:9 ;L V3 t461.52 93,•S S904L6 7S 42 14VLC.39 906.56 Sl::•0 ',1 93 1195.60 198.8S SY:T:1 J1 92 14274.:4 962472 T_r F.'iuA-• :; 93 16615.50 726.-C ST_Yln, n,) 93 7425,:0 1.42... r^�n' �n_F_T1�11a GI i i OF 0 " 0 N D T T-T _ . _ - - (MPL-60 NAME MIV OPF55 ,RCS' -VF/AL LCV a:iTGN PS TZ 7332.T3 746.25 T6MCZYK Not 31 10746.10 1:17,w) C 3U7:T (F AN 399093.91 4 PAID .::47 TO'3L .'.53 %T"L TO.3L F..- I.Y a%Z. + 11047981 CMaL"Y:9S FICA A = O CUF w-ALTr P - rl�1::C:AVIS k: 1L Tr FLAi C = 4L6: = uSa7h Lt' SMIELD C = �_)!M CaNTLi PLiV _:L1C. :AL wE,*Om CAGC G = MINNC]1TA POW) TnAN5.34Eq:CA 'CC. I = DASKtr; LIFE J • MuTJ3l SE°VICE^ K r MLTLit 1F JMANe L = CMFLO%i'S KEN -'FIT M = AE1AL A = NICCLL.T C:%L L + LEL3LL IF ClTTHS Z • FLALT� CAe: MAlNI ACCT. F"•= CJ)E F)M 530r -MPL'4 CTT CF 74 ENPL-AJJJSSII'',,'' O2V G77S5 ±K DS? EYP/ALLOY i AOAPS T 11 1893.15 Z1).35 SLTLE� ✓C 11 7364012 262.5E F+.MP T 11 1893.15 210935 GPAPEK J 11 169305 210.35 FA.9P E°EL J 11 1893015 210.35 COUNT C'A90 11104.05 ^AID .. CS TOTAL 7::105 70AI TCTAL F;CA Tev GAC55 • .C^ EMOLOTERS FICA A : w;-, OF MCALT.• M = FrVSICIANAS HCALTh :LAN C ' fill: :4JSSIMLUE SHT_LJ D = Y'JiC.I_ CErm fCz FLA' C • OAUDWIAL F • CC9A0. HEALTH CARE J • M;f%%E;o TA NM) M • TRA%S�AMCRICA rCC. I • RANKEFS LIFE J • MWTUAL SEOVICEC K • PtTLAt OF OMAMA L • ERFLCIEr AS RENEFIT • • AET%A A • hlCrLIET EITCL r • tEAG4: 9F CITIES 2 • PEALTr CAQE NAiNT ACCT. MI553A4 hCSP CODE FOR S^PE EMPLTS 1911 Cin GF Some CMmi me. DATE .[nos 0f Istto4 i CrIlt CA/Mla, Cltll LS131I61 fill 04I31I1. MIT UO131/A1 Icl/l[ W/11181 Cr110 Cl/31/61 EMS iA/It/G. Cltt1 1.031164 -1116 01111191 0111 LEnln. ?its CA I3I/01 rtls COMM ms oEntnl C7I15 L6111161 611DYFT 166.50 160.So 17.00 17.00 . 49.91 60.91. 6A./1 61.11 . I5.0 4000 $IAG . [. 196.6r 1S.S6- 1.I31.13 1,vus.be 51.t1- 1.!Si.]. . 61.66 1.1r- 26.10 .SS- 11. 56 TI11 OS N1A 1 t1 11.. Ittr 131S11l. 1. rl li 00/31181 ..1, rill 081,414, 6.1E 1.i0 . s.s6u.16 CHECK 4C6IST'A Nt NOP IT" O[SCAIA110•. SUM COM.U41t, ADVER71S116 1151MLSTC. pn?A$C LAGELLES 01NCo [AUTO IARM LER OTNTA [gulp LAet1LC[ CAMC•A L R AEMSC% OAS N A OtMSCS CWFISWOCLS $%IWS Cc.Pu LIE DUACN CRIAGS CO]PCN LIG DISC OUILITV NINE LTG PUACN CUILlfT NINE LIO DISC 6114111 V!w LTG PURCN GUALITF NINE LTG DISC GWLITI NINE NINE PUNCH GUSLITI N:NC NINE DISC TOM WON% IUKLIPILER6E TIP %VEOA TMAKI.PPIL[A%C Tor RUtMM TRAVELIPIL[AGC for GULWA TRAVEL-MILEASE SUMO Ot TOTAL GENERAL FUND FWD 11 TOTAL IMPROVE 6 [Gulp CUTLAT F F11M0 11 TOTAL LAGUOR OPERATING FUND FWD Ti TOTAL WATER OPERATING FUND FUMO IS TOTAL ME" OPERATIN FUND Tof4 of-1t-M6 nv I ACCOUNT NO. M. 1 P.O. L MESSAGE 71-6113-511-10 MSMAL 01-1511-040-13 MANUAL 01-6560-176-33 PAWAL CI-6960-114-33 MANUAL 11-1360.E 32-00 .14U]L Cl-6iio-0Ss-1i ..NU,L 01.6314-039. 11 P.NU.L 11.4410-11Y90 MANUAL 71-6111-SIS-9c NA ... L il-6S+o-S1S-SC ..NUAL 71-4811.5IS.IL MI.U1L 11-4010-SII-9C MANUAL 71-1111-SIS-90 MANUAL rl-4112-S1S-S0 MANUIL E1.6111.1fl-9E MANUAL .. r LGS 01-438E-011b15 MAWAL CI-6141.I56-11 NA1WL 72-6791-149-H .IW.L 1 Y1]Ibsss/i AAMM toe-4 city of OMW1 CITECN RCOISTER 09.10-54 PAGE I CMECM No. DATE 1.3ull AE000• ITEM OCSCMIPTION ACCOUNT No. IRA. a P.O. A RESSUE 294a 11 49/05/14 11.10 A T A 9 INFO SISTER TELEP404C 01-4320.039.12 ' 214011 09/OS//A 41.40 A T S M TITS SYSTEM EEL IFM OE 01-4120-059-14 ISAU11 09/CS114 2C. TM A T L A 11FO SISTER I(LCPMOMC 01-4320-069-1S IS401 49/C5Ila 11.92 A I A 9 IIFO 'ITS-CR ICLEPMONE 01-4320.129-31 2S401 .9/C5 Is 41.41 A T L 1 INFO SYSTEM IELEPRONE 01-4320-174.31 a$4011 J9/OS I I A 41.40 a 7 4 1 INFO SYSTEM TELUMONE 01-4320-249-42 256011 lotTSI34 9.32 A T t 0 Ilro SYSTEM TUEPMNE 72-4320-149-91 1S4Y11 L9/CS/11 11.11 A I t 1 1900 SISTER TELEPKkE 73-4320-569-92 ....CRS ...... 23404 191151#4 1M.10 ALL STAR :LECTAIC VIT MIST coull 1/-4542-249.42 23404 19/0S/PA 133.27 ALL S"R 'LECT4IC .MI SLDOIGAOS 01-4343-099.17 154014 09/E5I24 119.9E ILL STAR :LECTMIC NMI MNSIRLANT 12-4343-349-9/ 2W14 OWSI14 110.1^ ILL STLR !LECT4IC 447 LIMES A L- 73.4344-S69.92 234914 1f/M 1.4 I1. iS 4L S•f1 iLE C T A'C ART ELDAIGM9S I4-4343-590-93 413.72 ...... •...CMS A4Jf9 :9/D 114 171. 10 (A-L I ANOCRSO4 ASU ST NMI WP 01 4233-249-42 113.10 ...... ....CMS 2$4074 L9/0114 P1.0o 9INESIR00 MOSENE ASM ^1S M'TA7 MGM 01-4304.200.41 254074 J9/19104 40.11 o•NESTROO MOST"[ Is% CMS CONSULT 01-4301-240-42 ¢ IS4R74 J91551e4 422.13 OIOCSTROC A3314C A61 ENt CrRsutl 01-63CS-440-/1 754074 JWSIIA a1.57 801[STM00 MOUNT ask ERG C"SULT FRO[ 01-430"40-71 754074 J9/OS/e4 163.74 DOMISTR0o MOSCMC AS" CM CONSULT 15-43CS.311.10 254074 U9RSIe4 6.951.42 e145TROG ROJEW AS" C4 CONSULT 23-430s.332-00 254074 U9I125134 179.17 00RESTR00 ROSERE 4SN ERG CONSULT CARMEN 41-4305.403-00 21401. A9/0/e4 .p09.16 MON(STR00 ROSCME ASk EK CONSULT 41-4305-410.00 254074 .918114 49.1E P^MCSIADO POSCNC 13% ENt CONSULT 41-410S-130.O1 254014 09/05/44 oluto 014ES1400 MOSERE ask CM CONSOIT 17.41CS-569.92 f7.103.62 . uu .aCRS 146 GO O9/WIN 695A2 CAAGLLL SALT UTIL SAS MAI SW 72-4231.149.91 69S.12 . .... ....CRS 54111 09/05/14 195./5 CORACRCIA Q09 "Al' MT ILDOIGAU5 01.4341-099.17 1 S4131 J9/OV64 74.SS CONWPOIAL WAS PINT MT SLOGIGNOS 01-1143-129-31 266.33 .0 .••.CRS H t21 09/05/44 3.697.50 1ST MR OLNPST PAUL son INI 1-1-I9 It-ad20. vt 1-00 • 5412a 091W84 23.00 ISE Nat 94".87 PAOL me" FA 7-I. 79 31-46".911.00 • 1994 CITT JT JRC\1 CHECK REI:STER 0%10.14 PN[ 2 CHECK IS. DATE AMWNT 9ERDO• mm DESCRIPTION ACCDDNT NO. INV. A P.O. a RMAK 15414, .19/0f 14 II.26 yPPRON/"IRE T449EL/MILEAGE 01-4331.174-33 ST.ta u•-Me 2)4t14 090.5/14 262.59 SEVERAL RTPAIR AT EQUIP PIS ACESS 25.1212.569-92 W.S. . 254264 D9/15/14 165.20 G41SSS BE'R 11ST BEER PDICH u-4a1S-'^0.95 65.20 u... ....... Hot TS J9/05/14 116.90 '.100 MEAL TO PLAY HEALTH INS 11-4151-121-51 2542H of des to Iis. 90 IRCW Nu.•M PLAN HEAVN INS Ol-A151.126-51 94t T1 09/p/64 229.26 GNCOP If 4TH PLAN HEALTH INS 01 .41 51.129. 51 2142H .9/CS/84 14.01 6A OU' NEA.TR PLAN HEALTH 141 01-4151-IT4-55 "lip$ C9/'S114 22R.2a- UDDP NE4TH PLAN HEALTH INS C1.4161-129-SI 214tH .91-1144 22..2G "CUP NE40% PLAN NUL•N INS 01-4161-129-51 214215 .9/C5/64 M.16 NDW HEA.IN PLAN HEA0. IRS 24-4151490.95 A44. 11 ..o• ....CRS IS4222 .9/0I14 61.11 RED CTR - RLTN CARE HEALTH INS 01-6111-069-/S t542I/ A/ES/1. 62.11 RED CTR HEALTH UPC HEALTH INS 01-4111-121-51 254ti1 L9/05111 105.25 KO C•R HEALTH CARE KALTH SAS 01.4/SI-I24-55 Hot TI L9/05/14 165.96 1R0 CTM HEALTH CAR; "CAL?" INS 01.4151-249-42 "All? J9/916A 46.66 8E1 ISO HEALTH CAR, HEALTH INS 22-41S1-549.91 2Sa1Ti JOICS114 ".?I WA CIR HEALTH CARL NEALT. INS 25.1151-St9-92 492.04 •..• .•.-CRS i54tW 09/C5/14 15.3e WCR CH1P!C AL CO DTIL OUT SABA 11.4254-S&"t •u •s[45 !S430S 09/0164 29T.01 ME9R CIT PIN 0I9 .MIL CRANES 01-4356-3/0-16 297.10 ,,, ...Cgs S45N6 09/p/54 542.71 PtUM CST SHERIFF OPT .NIL CRIES 01-a Sfh 010.H 34109 . ..-Cu SUp 09/DS/e4 AT.&* 0-00, SERVICE FIFE LS/[DOES 01-42201039-11 1994 COS M 00043 CNEC• •EGTSTER 09-13-I4 PASE I CNWN NO. 011E 4MWNT YE N00 ITCH DESCRIPTION ACCOUNT 40, INV. A P.0, N MESSAGE NAM 09/05064 29.54 JOWS34 P1RR CO STORE SUPPLIES 11-4250-515.90 29.14 •... CRS b4404 00105164 10.-0 THE 4AMI. ADVERTISING 11-4323•SIS-90 10.•9 254 U1 19/C51I4 643.63 C1TT Or LINO LA NC OFF -TNT-SEPT 91-4332-129-11 645.66 b4436 39/05/44 29.15 LING LARE E9f:NC •W:R .IS RCSS 01.832.249-42 d4416 09001/94 11.1. LINE LANE CNGINE EOUIM MIS MESS 14-4212-190.91 H4410 09105144 13.RS ISVI LANE ING:NC NST ":Sc cool. 74-43A2-390-93 44.1, . ....CNS ..... 2,44" "ICSO14 15.13 19 r3A16 VONLIMO WOA.AAROYIIOCS 91-4354-049.11 IS..O .• -CNS l5{49: .9105144 2.210.µ at=$t ASPNALT ST PAT SUP 11.4233.241.42 2.J40.44 . 294493 041"014 33.92 NINNEPASC9 UTILITIES 91-4124-Oo9•n M M 09101f24 9.51 NTNM.GISC, UTI'-1T1ES :1-a'1a-12 o•lt 25449G C91^-s/14 4d9.12 R:9CGA5f' UTIL:TICE 11-tlIt-SN-91 451 49 .... cNs 2Safif U9/Cf /14 202 MINNESOI3 SUE NEWS ONTO/PURL 01-4322-249-42 b45d 39105184 2.2E P: NOT SOTA SUP 4:.1 PATGIPIIIL C1-1322-290-41 21,4516 0910VaA 4..i{ .'NNCSOTA SUB IEVS P.T•IPU9L - 7 4322.549.92 P.SO ...-CNS _.... 2f 13S• 09145144 290.45 NSP UTILITIES 01.4121.0.1-1I 2S4555 09119194 220.41 NSN UTILITIES 01-4324-129-31 4551 09/05/24 110.00 NIP UTILTTIE' 01-4124-249-42 Also 0910114 4.09 NIP UTILITIES 01-4324.290-91 ff• 09005P14 199.2/ NIP UTILITIES 75-4524.S49-92 54551 00/05/04 - 111.D1 NIP UTILITIES 74-4324-190.93 ...A.--. .--. ... __ _-- ----- -. _ - --- __ -- ._ _ ... _. ....a1S 1994 C:T1 or OP:NC CHtCN RESISTER Co. 10-64 -Aft 4 ANOUNI NCND01 ITE" DESCRIPTION ACCOUNT 40. IRV. P P.O. 6 "Ess BASE CMECV 40, DATE 254570 09165184 16.94 VIAT"NOST39t BELL 1ELONONC Ot-4320-059-14 n4s?o 09/CS/I4 34.15 NOPTH.CSTERA BELL TELCPHONE 01-4320-06A 15 214 tic .9/O1/N 144.93 NORTHWEST i RN B'LL TELEPHONE 'EL 01-4 310-129- 31 col -U70-1/M 33 2141tE ^1/Ctell 0/. 39 "IRV9. C7 Tr AN RELL EP NONE 0/.4310-11S.34 214)70 09/61/84 67.99 60RT"VESTE4% BOLL 1E1"NONE 01-4320-249•42 154570 attests& T7.-a NORTNVtlTCAN HELL YELL-WNT 1b4]20-Sf H91 H4>f0 99/]5/14 1-de N1RT4.ESTT4N BELL TES EPNONt 23-4120-169-91 2S4)7U '.90SIV4 21.:2 AORt"NCSTCAN BELL TESSP"ONE 14.4310-390-93 1/:1/\f 176.-6 %1RTINISTU1Q BELL 'ELT-41HE 11-4323.10"3 I>•)IL .9/")/Nf 94.55 NORTHJE&TTRN 9CLL ADVERTISING 040.0 . I u.uDD 1 1s419t J911024 211.11 PT.A PER, -fit 1] 412e Ctd 141-O N.it 154S91 a9ICl164 6.37 r-4 Pua N/11 To 1/26 Tl-4141-040-13 154393 .9131114 1.51 PIRA "tot 1/t$ f3 4126 ^t-11a1-]S9-la its s92 OHCS/LI 03.91' PENA PER& 5113 73 4116 Cl-IIII-069-15 154591 0914:11N 14.11 ERA KP& 4113 10 1125 01-4Ill. 99-17 ?54iN 09191te4 11111.As RNA P1.4 Bill TO 412e Ot-N N.n1-11 r14391 J91E5/14 31.13 cr.f IA6 all to 6126 ^1-41 a1-115-31 09101#14 2i3.16 v 9A PER Ells T9 6/76 )1-.111-1if-31 .54397 154117 99"5184 365.13 P194 9T•& 8113 TO 1426 cl-ant-R6-31 254$IT 49/054/4 161.11 REBA PER &Its •9 8124 01-1111-174-13 .$As" 1,943116 200.43 PC9A PENA 4113 71 4126 01-4111.249-42 24147 09/C1/64 TI.SO "A PENA 9/13 Tl 5/16 61-1141-190-61 IS479F 09/05/94 6.41 PEAR PENA J113 To 1126 41-1111-405-Do 154$It a9t•.S/P IS1.46 `4A PENA Ails TO SR6 71-4141-515-90 134514' U9/0IOA 73.97 PENA SERA -113 TO $126 72-4141-54a91 4541" 09ICft14 HP.31 PISA PENA 9113 TO 1124 73.4141-S69-t2 IS4191 a9i0114 43.63 was PtOA 1113 TO 6126 71-4141-59"3 2,911.41 . ...-CRS 214,612 attests& 9.21 ►ERAIS DEEP IMN I1 MT AUTO 01-4541-249.42 154412 99/03/04 1.Se RESISTS OECP ROCK ST M? AUTO 73-4341-160-92 G.H .... ...-CR3 254641 'L.9/01/61 194.93 PMIICIANS MALTA PL HEAL-" 14% 01-3sla'.4w00 t1A621 09/0/1. sm.71 PHYSICIANS MALT" PL NCALTN INS 411-41S1-031-12 154"1 0910l114 221.09 PHYSICIANS WALT" PL wAtt" INS 01-4151-069-15 114611 09/CS/S4 116.49 PMISTC uNl MALTA PL WALT- INS 01-41SI-111.31 2>Aul 09/C5I84 93.76 PHIICIANS MALTA PL WALT" IISd O1•H H-17M 11 .5. 611 J9I^.>/I1 941.7s PHYSICIANS MALTA PL KALI" 141 01-415/-129.31 ♦oil 09/OS194 127.99 - ►MSICOANS MALTA PL MASS" INS 01.4151-174-33 4", O9/MIN l36.47 P"TSICIIN3 KALI" PL KALI" INS 01.4151-2N-42 54N1 09/0/84 134.23 PMQCIANS MALT" PL HEALTH INS 01-4151-210. 61 " $46.1 09/O)184 362.22 PHYStCIANS MALTA Pt - MALTH ils 71-4111-31S-90 54641 4910194 102.60 PHTICIANS MALM PL "QLT11 INS 72-41S1d49-91 1t 54"1 Ot/05174 1H.19 PHYSICIANS MALTA PL MALT" 141_ 11-41 S1-169-92 _ li 1954 CITY Or OONO CNCCR 40. WAIL 214HT "IeSPIA TSAR.? 09101184 14641 +91-5114 254"? Does 014 254611 09/01/!4 2s4662 OOP1114 114615 3913$144 esHp .9/`NH news W/Of q4 f54IS4 0910518, 6425S 09/0/44 254ns 091050IA 15485S 0t/01114 D491s 0900064 DNss 09/01fA A4f SS A/Gs/4A b.111 Of /OSIf 6 ROSS 39/0/14 .es] 09/Uf/64 )41S1 09/05114 +.4n allosn6 CHECK RC67S7!R 0/-10_44 PAGE ] _ AMOUNT WENCOA ITCH OCSC"IPTI ON ACC00RT N0. IAG. a P.O. C MESSAGE 1.66 PIMET foal$ III $UP 01.4210-059-12 $.A& PtI1L1 f4.!4 OFF SOP C1-4110-CS9-14 $.As PITIET "Odes OFF SOP 01-4210-06/•I] 1.46 11710C-. N^aR OFF SOP 01-4210-114-1I 5.44 PIIN!T f9WES OFF SOP I1-4210-240-41 27.19 . •..-E"t 65.110 P.Ec-IT011 SOS PS OFF SO• o-4210-ES9-t2 65.10 PIE."10N NOS EIS CFF SOP 01.4210.174-11 ....CKS i].S0 Si IMI..l00 5IL °WA!.i• -'+I PLOGIGROS ^1-436¢ N9-12 53.50 . 161.11 SATELLIT! INO :NC COUP RENTAL 01-4311-ts}6I ....Cgs 2.211.19 TRACT OCL CO 945"-MF 01-1260-000-00 ....Cgs 22?.+6 AIR ..0[R a NASVS VTIL ITS out SOP 72.4294-14-91 222.s4 . .... Cgs $3.16 VITA% Life INS LIFE 145 01.410-039.12 IR.-6 WESTCON LIFE INS Life In Of-4152-069-11 1.10 NCSTCNN LIFE 2N$ LIFE INS 01-4142-121-30 24.10 WESICMN LIFE INS LIFE IN 01-tH2-1rR-11 i9.40 WESTERN LIFE :15 LIFE INS Cl•N+T-ti9-]1 ..AO WESTERN LIFE INS LIFE INS Ol.NS2.114-ss 9.76 We SICRN Life INS LIFE its 01.415 -249.42 1.10 WCSTCR7 LIFE INS Lilt INS O1-4&iSI-290-61 I?.C6 WESTERN LIFO INS LIFE INS 11-4132-511-90 10.12 WESTERN LIVE INS LIFE INS 72-41S2-54/-91 12.14 W!STER% LIFE .45 LIVE INS 73•4152•S69.92 1.10 WESTERN Lilt INS LIFE INS 74-4112-59"1 194.10 - - - ....a4 12.49 - "low "to" EL!LtMIC UTILITIES 01.4$24-149.42 - - - - 12.46 . ....CO - J MIN) CNCCR RCS ISI!a it aOWN-' YC900- ITEN DESCRIPTION 7101) . 19fMIH 76.10 M•OIOAL OATeEA ANY MIIC _WIP A.10 . ?Asia 1.11010*6 60.10 r ACNNP PAT 1LOOIORDS 6L.'C tH 9.,f 49fHAH 41. 1 SCIENCE miscue My C0111IiCMl6N ar..0 71149N4 .9101I84 ^0.)0 @:LL Ntcaee9C -Ally TAIP•[LUQMIIS! 1H.MC iK/1P N/'f Aa 65.40 •10111im LN91r .104111Rj.vool 61.,0 • MEMO 19/r,119a 65.77 It IR!'S :/ COO FO FICA bill-6/16 K r11L .01.1164 9.^• 11 TRlls is UN 11 F!CA ail!-e116 K119 01.11fa II.H %1 IRrJE IS C" F1 FICA oil ""b ACr19e :Wt 1.1 tfa.n ST T.CAS :s Cal to FICA 9113-1/26 NCr119 S9/36011 7109 IT TACA/ Ca PD FCA AIIS-Wi POrill .91)1184 Stab at TRE's :on It FICA 3113-6/26 sill. o9/u1/64 1r6.sf 11 141:69 :a F0 F!C1 1/11-4126 n[nl9 WS194 1m.79 TI far&$ :a 10 FICA 1/I1-11=4 Kill- .olJ1p1 f1.A• AT UtAt.0% P3 F'.C1 1111.61)6 Wilt, .9/11161 10.16 St TAEAO :a ro Plc, 1f I1 AI?6 srlif 2910146 YR.q IT Tac At :a rO FICA 9/114/)6 .[Ills L91-5161 4?.16 IT TRc1S :a 10 FICA 6111-6114 KTN9 C9-1^s 114 114.91 AY WAS CON 10 F:CA 1111-6126 1-1119 .9I,1H, n.19 IT MIS :N 10 F[C1 •113-9/26 1.1».Is write 3#1:1111 1.00 efl ESOATS 41STAURa N1 61/•DAL MI6 9.10 . K71H jolts'@, 26.24 FM:L NICCUM 1!P PTR SOF1N- 26.24 . wrist 0olt61e{ 101.11 QUALITY N:NT MINE -URCN wrist 39115144 2.11. W41Tf NINE JIN[ OTC 167.14 . e 111S allesla, /•C1647 Sol" coo.l6 LIQ -1-C- Kr1?3 J9101s. 21.01• Wss COOPER LIS U!SC rcrlis _ 191141114 411.29 - "is$ cowls - eYK PU.CN .C'lst of/es/►a 0.31. MIN C9f-ca NINE D11r KIN, "Falls, 531.14 CO PNILLI-S L1Q PURCM KISEA 091"A1 10.s} CO POILLI-S LI6 DISC k?M- 70M 04 - --- 1.139.M -_-WINVILIA" - - - disc PWCA Merles - OOMM4 36.16- As MILNPA oiNd DISC 0h10-14 1:6! 6 ICCOINT ND. :N9. . P.O. 1 NEs SAOC -1-1141-I29-Ll 01-{1N-099-11 M1.43la-M. " 74.43{}S90.93 11-4111-069-1S -IvwL 11-4142-M-11 MInUu CI-6142-040.11 nANL:: :1-41 a741f-IL .Amu II 01-6141-j9-11 MANUAL 01-1161-099.17 MANUAL DI-aHt-IlS-fl -ANVIL M-11 Q.v6-11 NANVIL 01-N B.la9-{7 ..NUAL OPN{btOO.61 AIMOIL 41-4H1.Ns-OC MANUAL n-4141-f1h90 MANUAL /7.N 97-HhH MANUAL s}alat-HM7 -ANVIL 11-4142-190.93 MANUAL 01.431v-179-31 MANUAL 71•4143-5ts.9D NANVIL n-41/1•st}911 MANUAL n-a91}n}N MANUAL 11-41/}SI}9C -ANVIL 11-a011•f1}N MANUAL n-{91}flt•N NAL 11.a 11}S/S-N MMaaAl 71-4810-s1b90 RAMA. .� 71-4111.51S-90 NW4 .-. 11•4112-115-90 19414 CITY Or OR", ENTER %I. CITE AG1l$ "its PA{ 'HECK •ESISr;R C9.13-0. PAGE ) 9i400' :YEN DESCAIP•:Q% .CcoulT NO. ;r;r. F P.O. . 0_sSe9C CAPI•JL VEY NINE PU.CN N-Ht1-111. 9C FIFO O1 TOTAL SEVERAL I4NO 4NIJ 11 TOTAL CON% UCVEL BLOCK GRANT I 100 71 TOTAL RUNIC STIIE AID CTVS FUN FUN+ 11 TOt" G 0 AT AID PC BONDS TO F IUMO Al TOTAL FEAR TPPIOVE NEVIIVING I FUN^ AA TOTAL 1942 SPEC HSEss%FM1 FUR FUND II TDTIL L:000R OP!Il1ING FUND IUN9 IT TOTAL .4TLA OPERATING Fl%D FVN^ FJ MAL iF" OFEAATfSG FCRO FUN^ PA TOTAL U,LF :CJPSC OPERA•14i It TCTAL 1 1 1 1 1 1 1 1 1 1 Planning C^mmiee :on Council l COI1Vr1!1 '¢ f SFP 11` 1984 PUBLIC ATTENDANCE CITY OF Cf;ONO / D CITY C: ONO MEETING DATE 9—/O U PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (p .nt) ADDRESS PRESENT FOR (from agenda) I ga l I19 0 ill p Z , s. f ye*5 Tt'y2 — e. 1 -ptt el ��YItVN'. �• bMINN { CL LS IIf9 fu _-- S a•,41.4' f %3 a I'R�'I'i2%I SO MI S- -_ dtog L' 7. E Planning Commission i','li : ; 0punciI �' F17 1 (, ; PUBLIC ATTENDANCE i ;1 T'r OF r r CITY OF ORONO MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR N;:MBER NAME (please print) ADDFESS PRESENT FOR ('from agenda) 1. r 2 ', 3. (r' -. �l S s .c u' 'ti�I ti vA, It'S ? � . `s►1 C r : � %• ��Ef� Tlrtr(C� JAC �7 / 11 V 9 Z nfo r m a.+i IE +e..wn4i s COu.n �i 1 �t� dib lot TO: Council FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: September 7, 1984 SUBJECT: Sratus Report - Chaska Marina (fence) North Shore Drive Marina (dredging) As of today, Chaska Marina has not finished permanent installation of the fence sections as agreed to. Mr. Pauly says the end bars (hardware) to complete the permanent installation are on order ind should arrive at any time. Larry HoA has made application for a conditional use permit for dredging (after -the -fact) which will be reviewed at the October Planning Commission meeting. COl1i` C"'. "`.1-� fill' SEP1C,1954 C; '� OF oi-IONO GE\ OLSON Senator J 3rd Ditf i, i 116 State Office Hutidrn St Paul. Nlinrcwta r6121'96-121s2 Senate Home _ ..-- 675h County Road I It► N'c%l ------------_..- State Minnesota Mound. Minnewta 55364 of 161:t 472-33(k, September 5, 1984 Walter Benson, City Administrator City of Orono Box 66 Crystal Bay, MN 55323 CITY OF O� :1�� _� Dear Mr Benson: in case you have not received this information, I am sending you a copy of pertinent portions of Mn/DOT's Rail Abandon- ment Status Report which identifies the Wayzata -Hutchinson line for abandonment application within three years. I would be interested in knowing your city's views on this potentiality. If there is any other information that I can assist you in acquiring, let me know. Sinc�rely, Gen Olson State Senator GO:bk `t T �L', 1 • .._ Jw CON I%III iFF% • Ujiw;dNm • 1_4wal OW l , ban lh«rrnoKfit • I:.nervN. OW Hokj%tng SF lit I\(:S: l vvpha%en. Vskn Prmtx IlnNitt1n%of►. V%%ckioi. (irccnw,anl. Limp I-dkc Ntnntt,mia ratt4rn, o11 %Iinnettutka Ncnh, %tincttt%ta. %,und. (.krmot %t 141mILv, to.. %h++1i A4%10 `ittinV Park Nt to a#% atkl A ti of I mull MINNESOTA RAIL LINE ABANDONMEZI'^ PP.00ESS The Minnesota Department of Transportation (Mn/DOT) has the respon- sibility of responding to the Interstate Commerce Commission (ICC) concerning rail abandonments in the State of Minnesota. When a rail- road company notifies Mn/DOT that it is filing an abandonment appli- cation on a specific rail line, Mn/DOT conducts an analysis, prepares written comments and submits them to the ICC. Interested parties are allowed 30 days from the filing date of an abandonment application with the ICC to make comments to the ICC. During that time, Mn/DOT requests information from interested persons, such as significant rail users; elected public officials from munici- pal, county, state and federal levels of government; regional develop- ments commissioners; :gin/DOT district engineers; and others. Mn/DOT also conducts public information meetings, at the request of the rail users, where ''n/DOT representatives explain and discuss the abandon- ment process and solicits comments. A Mn/DOT rail abandonment task force considers these comments in making its analysis of the rail line proposed for abandonment. Although Mn/DOT has the responsibility of responding to the ICC, on an abandonment proceeding within the State, the ICC rules on the abandonment application. The ICC must inform interested parties of the status of abandonment proceedings 45 days after the application date. Mn/DOT administers a Federal -Local Vail Ser-ice Continuation Program which is designed to help shippers and communities to continue to have service on potentially financially viable rail lines that are in the process of being abandoned or are prssihly subject to abandonment. For further information on this program, contact the Rail Planning and Program Development Section. MINNESOTA RAIL ABANDONMENT STATITS REPORT Minnesota has ahout c,,31° ;Hiles of rail line. The miles of rail line that may be potentially abandoned accorAing to ICC reports filed by Class I rail carriers in Minnesota as of August 1, 19R4, are as follows: Category 1 -- Anticipated subject to abandonment within 3 years -- 461.14 miles, 17 lines Category 2 -- Other lines potentially subject to ahandonments -- 42.6 miles, 1 line Category 3 -- Abando,:ment application pending before the ICC -- 21.0 riles, 1 line CATF.14MV I IJNF:S .. AS W AIN:IIST 11 ISN4 1iN1 III All .ROAD h111.F:,S { it Albert Lee l.rte Irs: 27 n (llpprna.) i:i iemi!)1-laterwattswa( Falls (3► Booth)I-Rrtaer (�) beylstoo Jet. -Danbury, WI (S) graiaeN-�e.lAj1 (6} Carl tw-Wr►ashaIt (%) Ck(shol■ WrancA (�! Itetraeei-Tromald (9; Duluth -Two Ilarbers ( Itl) ftrgus Fall.-ioaheme C11) Maw4ck-11111wr (12) lourtingtan .Ict - R i rt rt ea (13) lroatoa-Curuw• (IA) tittle Falls -Camp Rifler More -brook Part (!A) Mager -West Ih,luth 11') warteta-!h,tchtasoo RN Soo Sou am AN [w6IR RN 1Y1R 1 R RN AN 4N RN RN RN i1WP INN iM.SO S7.4 W4 09.27 I.bS 3.37 9.93 2S.1 11.46 20.72 2.31 4,77 4.91 11.29 In S A3-66 ('An:G.ORY 2 I.INF,S .. AS OF AUGUST 1, 19111 (JNF. IIAII-ROAD ktl(.ES (IR) Remer McGregor 10n 42.6 CATFGOR" J IJNFS .. AS OF AUGUST 1, 1994 IJNE RAILROAD NIIIAS (19) Montgomery -Waseca (,RNW 23.b MINNESOTA t 1"-.MPOSITE OF SYSTEM DIAGRAM MAPS FOR CLASS I CARRIERS (pursuant to ICC Reg. 1121) August 1, 1984 its • • • • Category 1. Antkipated Sub-1 of Abandonment Application vAtlnn 7 Vean Calegory !. Potentially Sub*t to Abando—rent Illltlllllllllll Category J. Applicat.on PresenU, Pending twhue Commnnon was sms Category d. Operated Under Sufn.dt Ag US( -+--+-. Catgory S. CMber Lmea Owned aid Operated. Ouecl!y, or Indiraclly i T / .•.�� (Aband•••d Lire, "a.e been removed Irom n ap.) i e AL •, i to r. r • �� �-zx �_•- � �. � � ��� —` �. .� a •gg r i► r-� _ 13 9 10 4 4 t s 15 i MINNESOTA RAILROAO MAP NMn • ..� ♦ rY.q .Yer ilw efY w. • . �- V.� r w� r� �. •M V W .., rast Bank Pace West 1.1 I-eso!a 55402 'e ea -one 5+2.333.0543 ar•.n L LeFove•e P Leher :e- s 0 B+'en Kenneor = : r: J Stn,ene' r!s . LeFevere -.._... c Lene,'3 .4-0y J S"a"0 G K,esse, Lav0W,c !' :'ae A %asn •e o Komarek -_•-a -e S :'U92 - a! _ `-0-60^ it —ii .. Bloc —en a .esen Li• F�•� stir L�•(h•r ha•nuitih 11' RI icl I K. I )t.1%% i September 6, 1984 Memo to SRA Members SEA' 10 13S4 ('I f ,r OF I am enclosing a copy of a lett,,r dates? August. 30th concerning NSP's recent effort to negotiate a renewal of its electric franchise with the City of Columbi,, I!ei:;hts. I also enclose a copy of my response. I would like to know if any other SRA members have been approached recently by NSP for the purpose of obtaining a new electric franchise. This matter will be considered at the October SRA meeting. Glenn E. Purdue GEP:cb Dist: SRA Directors SRA City Managers r - � ,y 1/ ATTORNEYS AT LAW _-- PETERSON & KALINA Chartered August 30, 1984 Mr. Glenn E. Purdue Attorney at Law 2000 First Bank Place West Minneapolis, Minnesota 55402 Suburban Rate t• ithority NSP Franchise Dear Glenn: 00L1gl8s J. Peterson Ronald S. Kahna William G Moore Stephen M. Halsey Richard S t=skola Several years ago, we attempted to negotiate a ren.wal of the NSP franchise wi.tb the City of Columbia Heights. Our negotiations wore unsucc-ssiul, and NSP has been operating within the City for many years without the 'F�nefit of a formal fran- chise. Recently NSP has approached the City with what they have ter^ied a "standard franchise". A copy of that franchise is enclosed with this letter. As you can see, this purports to be the franchise adopted by the City of Robbinsdale. Basically, we question whether the Suburban Rate Authority has negotiated a standard franchise with NSP. If not, has the Suburban Rate Authority made plans to do so in the near future' i would appreciate your advice in this regard. Thank you advance for your anticipated cooperation. Ver� trul),•vours, / Ro d S. Kalina k ,City attorney Cite of Columbia Heights RSK/jm Enc. cc: Han. Bruce Nawrocki, Mayor Robert S. Bucwinski, City Mgt, !'INN-iSti�E0 T A 55421 :060 --T- 612 7Ht3-9�'S4 I.,`^^,31 Ban,( Puce Weal goo s ' nr•esWa 55e02 ?'* et'oce 512.333.0543 a�'cn L LeFe„e,, e,nls o B"an z C•avrt - ' e Coon c PwOue -'a a jScr.ener ='a es L Lefevera Ltl'tr III !' es Strang 'unO etiel a !'oan :atora:o 'gas, --•o a (Ofraret a, c Q,co 1-0 S C C—son 'j, •eson ��•.M I.IIM •11 September b 1984 Ronald S. Kalina City Attorney Esq. Columbia weights 556 - 40th Avenue Minneapoli Northeast MN 559?1 RE: NSP Franchise Dear Ron; At its last that quarterly I would look meeting, I advise wl9ht to try to reinto the question d the SPA ©oard tVsp' I ind g°ttate a uniform of whether the SRA at the ic nctober lee NSP and meeting. tSince would rePortrto franchise has given th" Bc,ard assured melt a COPY of the that tim have all current that it will SRA member C�rCacted franc It state the Px Ship list. NSp waiting for the lses with Piratior sent a fol list for SRA members. ��te cf low -up letter. well over a month, aI iave lave been The franchise ylasWeek Robbinsdale enclosed with it which franchist,. Your letter would not There ar,, several is franch the expired ise. done neaccePtat�le to the provisions in franchise. We have some work on the newtRobbins new If there is a dale need a new 819nificant that franchise number of ise In the cities which the SRA Board next uniform franch arcl will authorize few years, will member ise. If ar' effort I suspect thrill. far com.+rlrnts , so, we would to obtain or foil r a nc, reco►nmpn Probably .3 s. a managr;rs and engImemrsr negotia a°niotand would formch c r, n a fisting of k 11 ' Ronald S. Kalina, Esq. September 6, 1984 Page 2 My recommendation is to hold off until after the October SRA meeting. Very truly yours, LeFEVERF., LEFLER, KENNEDY, O' BRIEN 6 DPAWZ Glenn E. Purdue GEP:cb cc: Fred Moore Chairman MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 20, 1984. PAGE 1 ATTENDANCE: 7:30 I'M The Planning Commission met on the above date with the following members present: Chairperson Goetten, Callahan, McDonald, Kelley, Adams, Sime and Rovegno. Council Representative Adams arrived at 7:33 p.m. Zonin4 Administrator Gaffron, Recorder Sutton, and Zoning Administrator Mabusth arrived at 7:40 p.m. to represented the City staff. 1849 I.D. CAPLES VACATION OF P PORTION OF PARK AVENUE PUBLIC HEARING 7:30 - 7:33 PM I.D. Caples and attorney, Ann Schulz, were present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Rovegno moved, Kelley seconded, to approve the partial vacation of Park Avenue subject to the Public Works Coordinator and City Engini.er to review this application and applicant showing all hardcover on the survey. Motion, Ayes (7), Nays (0). #853 DOUGLAS RLINT TOM BERNIF.R i GARY BARR 3535 i 3545 IVY PLACE : 3034 CASCO POINT ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 7:45 - 7:53 PM Doug Klint and Tom and Bea Bernier were present. Assistant Zoning Administrator Gaffror. noted the certificate of mailing and the affidavit of publication. Klint stated that. one lot line would be moved 50' and another lot line would be moved 100' . Rovegno stated that the Plann1rig Commission sh-ould see SEp t (' ;?, ; where the lot lines are going to be before they approve the application. CITY OF Adams moved, Kelley seconded, to table the Flint application pendinq receipt of an updated survey. Motion, Ayes (7), Nays (0). MINUTES ON THE PI,ANNI NG COMMISSION MEETING HELD AUGUST 20, 1984. PAGE. 2 1845 ALAN MCDOWELL 905 FERNDALE ROAD WEST CONDITIONAL USE PERMIT PUBLIC HEARING 7:53-7:54 PM John Cook represented Alan McDowell. Assistant Zoning Administrator Gaffron noted the certificate of •iling and affidavit of publication. 1aff.ron noted t 3t the dry buildable has been ca.culated to approximately 2.95 acres and in this zoning district he need-: 4 acres to have 2 residential snits on the property. Ruvegno stated that part of the lot is divided by a road anti should be combined with the other lot. John Cook noted that the previous owner did have a caretaker's apartmen.in the basement before and that the proposed guest apartment is being moved above the garage. Kelley moved, Sime seconded, to apprtie the conditional use permit for Alan McDowell based on the following findings: 1. A caretaker apartment was exist i ng in the basement of the household. 2. Hardship in that the two portions of lot are separated by a road. 3. The lot , s sewered and there is a lot of wetlands on this property, hence some credit is in order. 4. Most of the surrounding lots are suk;st andard. 5. The caretaker apartment is consistent with the surrounding neighborhood. Motion, Ayes (5), Nays (2). Minority Opinion - Goett.en stated that she was not in favor of the pplicat.ion because of the severe limitations of the lot, it is on lakeshore, and he needs 4 acres. Goetten stated that this could be setting a precedence. Minority Opinion - Cal4han stated that the lot. is separated by the road. Cellahan stated that this lot is all alonq the lakeshore. MINUTES OF THE PLANNING COMMISSION MS!�TING HELD AUGUST 20, 1984. FAGE 3 #946 LEEK.LEY'S INC. 2450 i 2500 SIXTH AVE NO CONDITIONAL USE PERMIT PUBLIC HEARING 9:30-9:31 PM 4947 CATKARINE CRAM 3760 WATERTOWN ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 7:35 - 7:4C PM #648 LOMELL ZITZLO*! 3542 SHORELINE DRIVE VARIANCE PUBLIC HEARING 8:10 -- 8:10 PM Zoni-ig Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Mr. Leekle; was not present. McDonald moved, Sime seconded, to tahle the conditional use permit until Mr. Leekley ot•ld be present. Motion, Ayes (7), Nays 0). Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Catharine Cram arrived after the Planning Commission had acted on her application. Rovegno moved, Kelley seconded, to approve the conditional use permit based on the finding that, there is adequate area and width on the property to support an additional residential unit in the RR-lA zoning district, subject to the following conditions: Guest. apartment unit may never be rented out. 1. Ex, tiny septic system trust be inspected and ap,,oved by staff for this addi+.ional unit. Motion, Ayes (7), Nays (0). Lowell Zitaloff was pr.ef,ent. Bruce Schmitt, applicant's architect, was also present. Assistant Zoning Administrator Gaff; on noted the certificate of mailing and the affidavit of publication. William Dolder of 3513 Lyric Avenue, Dick Lee of 3525 Lyric Avenue were present from the audience for this application. Rovegno asked staff how much 'iardrover this building would be limited to. Zoning Administrator Mabusth stated that you don't limit businesses in a cosmmvrcial zoning district to a certain percentage of hardcover. Mabusth stated that instead the City requires retention ponds to a 1 low for runof f.. Mabusth stated that th i t is a preliminary plan and that the cosseercial site plan review would be dr,ne after the variance is approved. MINUTES OF THE PLANNING COMMI. MEETING HELD AUGUST 20, 1984. PAGE 4 #848 LOWELL ZITZLOFF Dick Lee of 3525 Lyric Avenue stated that he has no problem with the proposed building and that the new building would be better for the neighborhood. Wi 1 i iam Dolder of 3513 Lyric Avenue stated that he is also in favor of the application. Adams moved, Rovegno seconded, to approve the variance to the rear setback based on the following findings: 1850 D0MIS THOMPSON 250 OLD CRYSTAL. FLAY ROAD VARIAMC R PUBLIC HFARIW; 6:31 - 6:40 PM 1. Applicant's hardship is the extreme slope on the property. 2. Proposed building is a more efficient. use of the building duce to the earth sheltering effect. 3. Proposed plan wi 11 eliminate trash :ind debris that is now collecting on the property behind the building. 4. Locating the building towards the rear lot line will improve present access, parking and traffic off Shoreline Drive. 5. Neighbors all approve of the proposal and will enhance the neighborhood. 6. Proposal will. improve drainage on the property. 7. Proposal will give the neighbors better views. Motion: Ayes (7), Nays (0). Dennis Thompson was present. H.G. Steckel was also present. Zoning Administrator Mak,usth noted the certificate of mailing and the affidavit of publication. Mabust.h stated that a conditional use permit will nct be required and that she would refund the $100. Mabust.h stated that a variance was required because of the quasi -commercial like use of the property. Chairperson Goetten st..t.ed that -performance standards should be set up for future applicatic s. £rime stated that he did check with soma, �t the neighbors and that they all were in fav(°,r ()f the proposal. sellsy asked if there would be extra light inq and noise created by this application. MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 20, 1984. PAGE 5 1850 DENNIS THOMPSON Thompson stated that no extra lighting would be needed for this proposal. Kelley moved, Sime seconded, to approve the variance for Dennis Thompson based on the following findings: 1. The applicant's principal residence will be located on the subject property. 2. The application as proposed requires no additional variances to the performance standards for the keeping of domestic animals. 3. The proposed level of use will be compatible with the surrounding two acre residential zone. 4. The use as proposed presents no more intense a use of the prc.poerty than a hobby farm use. Motion, Ayes (7), Nays (0). 851 STUELAND L BARBRAl1 4080 BAYSIDE ROAD VARIANCE PUBLIC HEARING 7:40 - 7:41 PM Richard Stueland and Ramona Barl:eau was present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Gaffron noted that staff would prefer that the garage be located 10' from the principal structure to meet fire safety requirements. K#..11ey moved, McDonald seconded, to approve the variance for Stueland and Barbeau subject to the applicant moving the garage back to meet the 10' setback from the main structure. Motion, Ayes (7), Nays ( 0) . 1852 WILLIAM GREGORY 1410 SHORELINE DRIVE CONDITIONAL USX PERMIT PUBLIC HEARING 8:45 - 8:46 1'M Mrs. William Gregory was present. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. M1 s. Gregory stated that there is a smashed culvert on tit, east side of County Road 15. Gregory stated that th•, DNR encouraged them to do this. Gregory stated that the wetlands doesn't. support cattails and is vile right, now. Zoning Administrator Mabusth stated that she has been getting conflicting viewpoints from different agencies concerning dred(linq in + designated wet lands. MINUTES OF THE PLANNING COMMISSION MEETING HELD AUG/1ST 20, 1984. PAGE 6 #852 WILLIA14 GREGORY McDonald stated that once the City approved the alteration of one designated wetland that it would be hard to deny another applicant. Rovegno asked if this wetlands drains into Lake Minnetonka. Rovegno stated that if the alteration of this wetlands harms the natural flow into Lake Minnetonka that he wouldn't be able to approve the application. A Planning Commission poll was taken on this application. Adams stated that he was opposed to the dredging of either of the ponds since the property is so close to the lake. Adams stated that it is a beautiful wetlands and acts as a natural filtration before it gets to Lake Minnetonka. Adams stated that if the applicant wants an open water wildlife pond that they should dig is a different place other than a designated wetlands. Kelley stated that he too is opposed to the dredging of the pond until he gets some more information from the different reviewing ag?ncies. Kelley stated that if some positive performance standards could be noted that he may change his mind. McDonald stated that she .is opposed to the dredging of the designated wetlands. Callahan stated that he too is opposed to the dredging of the wetland:., Chairperson Goetten stated that she is opposed to the changing of any designated wetlands. Goetten noted that she .is willing to listen to other suggestions from any experts in the field. Rovegno stated that if the applicant could come to the Planning Commission with some good scientific data as to why this designated wetlands woulu be better off dredged, then he would be in favor of the application. Rovegno stated that until he sees some more j nJormati an on the dredging of wetlands that he can't make a decision. Sime stated that his main concern is that this wet lands tlows into Lake: Minnetonka. Sime stated that anything that would interfere with the natural infiltration into Lake Minnetonka he would not be in favor of . Sime stated that he is open for suggestions fr(m experts in the field of dredging designated wetlands: MINUTES OF THE PLANNING COMMIISSION MEETING HELD AUGUST 20, 1984. PAGE 7 #852 WILLIA14 GREGORY Mrs. Gregory stated that her only problem with tabling the application is that they want to put in a swimming pool and would like to use the fill from this pool to fill in wetlands. Kelley asked staff to check into whether one of the wetlands has already been altered. Kelley noted that it looked like it had already been disturbed. Zoning Administrator Mabusth stated that staff will ask for confirmation of the contours. Kelley moved, Adams seconded, to table the conditional use permit pending receipt of additional information on the dredging of designated wetlands and for staff to check into whether the wetland has been disturbed as of this date. Motion, Ayes (7), Nays (0). McDonald noted that the spoils should be kept further than 50' from the edge of the wetlands because it is closer to Lake Minnetonka if this wetlands was allowed to be dredged. Mabusth asked Planning Commi ssion to act separately on the retaining wall. Rovegno moved, Adams seconded, to appro t: retaining wall subject to the following cond 43A 1. Hay bales remain along the bottom of the disc -rt-7Ki, hank until completion of the wall. 2. Applicant to submit construction --design infor- mation for Engineer review to assure the wall will retain the banks. a) Footage b) Cross Profile 3. Payment to the City for variance application of $100. Motion, Ayes (7), Nays (0). #854 ROBERT JOHNSON 1981 PAGERNESS POINT" Ri) CONDITIONAL USE PERMIT PUBLIC HRARING 9:20 . 9:21 PM hobert Johnson was present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Gaffron noted that this was an after -the -fact application. Chairperson Goetten stated that a hardcover calculation should be done. MINUTES OF THE. PLANNING COMMISSION MEETING HELD AUGUST 20, 1984. PAGE 8 1854 ROBERT JOHNSON Robert Johnson stated that he had instructed the contractor to get the permit and that he had assumed that the contractor had obtained the permit from the City. Johnson stated tha the rip rapping was done last year. Johnson state6 that only the planters have been added this year. Sime stated that it is already there and it does look nice. Kelley stated that the Planning Commission needs a good hardcover calculation. McDonald moved, Kelley seconded, to table the Johnson application pending receipt of a survey showing all hardcover on the property. Motion, Ayes (7), Nays (0). Adams stated that on the steep slope there are three living stumps. Adams stated that the applicant should have to replace the trees with an equal size. Adams stated that the rip rapping that was crone actually extended his shoreline out into the lake. Adams stated that there is a severe hardcover problei. . Adams stated that the stairs only should be allowed and that the planters should be reviewed by a soils engineer. Adams stated that -che applicant should have to make a trade off in hardcover. Adams stated that the applicant should be fined. t H `> 5 CHOICE WOOD COMPANY 2500 KELLY AVENUE SUBDIVISION SKETCH PLAN Ri;'VIEW Dale Mulfinger and Mary Rollwaqen represented the Choice Wood Company. Mulfinger stated that this is a PRD with 9 units. Mulfinger stated that he doesn't like to think of it as 9 units but as 4 duplex units and one single family residential house becausc it will be 5 buildings instead of 9. Mulf inger stated that this PRD is designed to minimize environmental impact on the land. Mulfinger stated that these are tuck under garages. Mulfinger stated that there is one single fami I home. Mulf inger stated that there would be a homeowners association to help with the maintenance. Chairperson Goetten asked what the square footage of each building would be. Mulfinger stated approximately 1,500 sf. Rovegno a-;ked if this was a PRD with both wetlands and density credits. Rovegno stated that he felt there are too many dwelling units on this property. MINUTES OF THE PIANNING COMMISSION MEETING HKLD AUGUST 20, 1984. PAGE 9 f855 CHOICE WOOD CO. Zoning Administrator Mabusth slated that they can get 4 single units with wetland credit or 2 duplex (4 units)with only duplex credits. Mabusth stated that using both the density credit and wetlands credit that applicant can get 8 units (4 duplex). Mabusth stated that the Planning Commission has to decide whether they want both the credits to apply or just. one. A Planning Commission poll was taken to determine if this project would qualify for both wetland and duplex density credits. Adams stated that he likes the 9 unit plan as it is. Adams stated that it is next to a commercial zone and that it f its in the area very nice. Adams stated that the trees screen the property from the road and lake. Adams stated that. in Orono there are places in the community where high density should be accepted by the City. Callaha.i stated that 8 units is ok but not 9 %Snits. Rovegno stated that it is too dense as planned with the 9 units. Rovegno stated that with using both the credits they could only get 4 units without applying for variances. Rovegno stated that he has a hard time approving lots that are substandard. McDonald stated that this plan is too dense for this property. Ni(-Donal-d stated that 4 units would be better. Kelley stated that they shcuid only get either the density credit or wetlands credit, but not both credits. Sime stated that. both credits should apply and 8 units would be fine. Sime stated that with this type of development and the saving of the trees is good and should be encouraged. Chairperson Goetten stated that she doesn't want to discourage this type of development. Goetten staged that she may be in favor of 8 units depending on t hr hardcover calculations. No action required. "PROVAI. OF MINUTES Callahan moved, Sine seconded, to approve the minutes of July 16, 1984. Motion, Ayes (7), Nays (0). PLANNING COMMISSION REPRESENTATIVE TO ATTEND COUNCIL MEETING Kelley volunteered to attend the Council moating of September 10, 1984. IL- ADJOURNM,'Nl' 1 () : 10 PM Rovegno moved, Kelley seconded, toad journ the Planning Commission meeting at IO:IO p.m. Motion, Ayes (7), H-.- I r 1 DEPARTMENT OF ENVIRONMENT AND ENERGY ; •"' ��; A-1603 Governme -)t Center Minneapolis, Minnesota 55487-0163 `'•• HENNEPIN Lill 612-348-6846 Septerber 4, 1984 NMCE OF PUBLIC MEETING REGARDING [)SE OF PACIFI.S�_AIW GRF.YHOUPID A public meeting has been scheduled for September 18, 1984 by Hennepin County on the use of two sites, Pacific and Greyhound, for a resource recovery facility. The meeting is scheduled for: Tuesday September 18, 1984 SEP I IQ"',7:00 - 10:00 P.M. Auditorium, North High School 1500 James Avenue North CITY OF 0F�r)N0 Minneapolis, Mn. The Pacific Street site is located between 27th Avenue North and the Burlington Northern railroad crossing the Mississippi and between the Soo Line railroad (1st Street N.) and the Mississippi. The Greyhound bus garage site is located between 5th Street North and 7th Street North, and between the Burlington Northern railroad a,ki 6th Avenue. The County Board had designated the Pacific and Greyhound bus garage sites as the sites for two facilities, each having a maximum average daily throughput of 1000 tons -per -day. These sites were designated by the County Board in response to recommendations by staff and consultants who reviewed industrially zoned sites. The County is in the process of using powers recently granted by the Legislature to construct two facilities of up to 1C00-tons-per-day average daily capacity. On September 18, presentations will be made by staff and consultants on: the County's program for managing waste, review of resource recovery facilities, environmental assessment of resource recovery, and evaluation of sites. Following these presentations testimony is to be received in the following order: public officials, property owners within sites, organized groups, and individuals. Registration to speak fornw will he used and may be filled out at the meets .r3. WKP:d11 HENNEPIN COUNTY sn egvci popoftnft e—c ix_ i p' - Wr sFP ; o ' 54 CITY pF CF., I[afailrttr L luh MiN.4po�'rA VACS. MI`.' 5`:3a! PHONE 4" E 4Q August 23, 1984 Chief Kilbo Orono Police D.partmenr P.O. Box 86 Crystal Bay, MN 55323 Dear Chief Kilbo, On S -inday, August 12, I made a 911 call from the Club when an elderly woman became ill and short of breath. I made a point of checking my watch when 1 placed the call. One of your officers was on the scene within 3� minutes. Fortunately, it turned out to be not a serious situation. Had it been however, y;,iI officer's quick response insured the fastest care possible thank you, and please commend the officer who responded Sincerely, Stepheia M Wood General Manager cc: Robert Farrington -Club President Jan Boswinkel-Mayor Minnetonka Beach Mary Butler- Mayor Orono . c. POPNAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. 4344 IDS CENTER M,"NV'.P0LIS, MINNES01A 55402 TELEPHONE ANO TELECO►11- 612 - 333 -4600 WAYNE G. POPHAM SAUCE D. MALKr RSON ROSERT C. MC,ILANEN 1060 PETRO-LEWIS TOWER ROGER W. SCMNOSRICH JAMES R STEILLV >STEVE:+ G. NV.KCHS 717 SEVENTESNTH STREET DENVER KAU►MAN JAMES S. LOCKHART THOMAS E. NELSON CENVEP, COLORADO 00202 DAVID S. DOTY ALLEN W. HINDERAKER THOMAS J RADIO TELE►.ONE ANO TELECOPIEA ROSERT A MINISH CLI/CORD M. GREENE DAVID L HASHMALL 303'192-2S6O ROLE A WORDEN D. WILLIAM KAUrMAN KA.THLEEN M. MARTIN O MARC WHITEHEAD DESTL L PETERSON JOHN C. CHILDS SRUCE O. WILL'S MIr.HAEL O I'REEMAN DOUGLAS P. SEATON SL ITE SO2 �1000 L STREET, N. W. WMEOERICK S RICHARDS tNOMAS C O'AOUILA SRUCE S. MCPHEETER6 %ASH INGTON, D C. 20036 G. ROSERT JOHNSON LARK♦ D ESPEL GART O_ SLACKEORD TELEPHONE AND TELECO►IER GARV R. MACOMBER JANIE S. MAVERON SCOTT E. RICHTER 202 -867-5154 ROVIERT S. SURK DAVID A. JONES GREGORT L WILMES -UGH V. PLUNKETT, M LEE E_ SHEEHV ELIZASETH A. THOMPSON EREOERICK C. SAOWN LESLIE GILLETTE OE COUNSEL THOMAS K SERG MICHAEL T. MILAN FRED L. MORRISON S August 21, 1984 Mr. Waltec R. Benson �EP 1984 City Administrator city of Orono Post Oifice Box 6b CITY OF OF'ONO Crystal ►iay, MIS ')�)j23 Re: State, oc Minnesota V. Alexander Holzer Uur Nile No. 6U9b-U20 Dear Dick: As you ma1-1 be aware, Mr. Holzer has continued to pursue his counterclaim against the ci-y involving the retaining wall on his property. In tnc. suit initially brought by the city to enjoin furtner maintenance of the retaining wall, Mr. Holzer counterclaimed fur alleged vio,ation of his constitutional rights. At this point, since Mr. Holzer has brought this wall into compliance with city stank-rus, the city is in a position to dismiss its action against Mr. Holzer. Apparently out of spite, however, Mr. Holzer is persisting in nis counterclaim against the city. His attorney, Arlo Vande Vegte, has inspected certain city records regarding this matt«�r and other similar instances. Enclosed for your information and review are interrogatories which I have served upon Mr. Holzer. Once we have received the response to there interrogatories, I xpect to briny on a motion for summary judgment to resolve tnis matter. if you have any questions or comments, please call me. Very ruly yours, k` Tnumas Radio C(.-: Jeanne A. Mauusth Charlars F. drill Forum Insurance Policy No. 71CP1781 IU47a August 31, 1984 CITY 0f: 01 1UNf0 Mr. Dick Benson City of Orono Box 66 Crystal Bay, MN 55323 Dear Mr. Benson: A second free outdoor concert sponsored by Spring Hill Center will feature traditional jazz and dixieland selections performed by Red Wolfe's Port of Dixie Jazz Band. The event is scheduled for Sunday, September 9, at 6:00 p.m. You are welcome to picnic on the rounds of the Center. In the event of rain the concert will be held on Sunday, September 16 at 6:00 p.m. I hope you can join us. Cordially, James A. Kel y President JAK:ew county road 6 • post office ot"Fr. 288 • waynta, minnesotr S5391 • 612/473-0221 LNG ,, SEP 10 11984 CITY OF C`lnNO 6i4 �' = AUG 3 1 W4 r CITY OF C. ; ow ro l Vdl. fi rd;,, MINLTrdS OF THE MEETING OF THE SCHOOL. BOARD OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 '13 EF I 0 1964 HELD ON IMLMDAY, JLLY S, 1964 -F Y riF r►'C!N.ir� A special meeting of the School Board of Independent School District No. 278 regarding the sale/lease of the Maple Plain School was held on Thursday, July S, 1994, at 3:00 p.m. Present: David McKown Jaws Franklin James Seiter Don Anderson William Levering William Fenholt Kitty Crosby Reuben Palr Dave McKown asked Bud Andrus, Streeter Andrus Realty, to bring the Board up to date on the positions of the three parties interested in purchasing/leasing the Maple Plain School. Bud Andrus stated that he had been unable to contact Mr. Rodney Herzog and has therefore arrived at the decision that Mr. Herzog is no longer interested in the Maple Plain School building. Mr. Andrus informed the Board that Mr. Sant Arora has agreed to wait on his proposal until mid -July. Mr. Andrus stated that Woods Academy had an open house at the Maple Plain School for parents on Thursday. June 28, 1984. Woods Academy would now like a committee of three from their Board tc meet with representatives from Orono's Board for discussion on the position of each Board. Woods Academy would be interested in a lease with option to buy or preferably purchase of the building and entire property. Mr. Andrus stated that Woods Academy would be willing to have an arrangement similar to the one now in effect with regard to the use of the grounds by the city of Maple Plain. Hoods Academy would like a reponse from the Orono School Board. Discussion ensued regarding the above information and mainly centerad around Woods Academy as Mr. Andrus stated they would be the strongest buyer/lessee Several motions were &&Ao and withdrawn and Board members questions, concerns and/or comments were discussed The following MOTION was proposed by Bill Levering: Terms of purchase: 8400,000 Down Payment: • 70,000 Contract for deed: 8330.000 The first year payment will be M ,000 plus interest at a rate to be determined, pegged to long term treasury bills with semi-annual payments each and e wry 6 months until paid in full. The buyer has the right to prepay any or all of the contract amount anytime duriag this contract Closing date shall be July 1, 19D6, buyer shall have tie right to occupy praises prior to closing data on lease terms of $30,000 from .July 1, 19b4 to June 30, 1995; 940.000 from July 1, 1",s to closing date. Said rental payments will be applied to down payment at closing- The buyer shall maintain the property prior to closing by paying all maintenance, insurance and utilities (I)romo School District may provide some of these services!. This purchase agreement would be subject to the buyer's approval both the buyer and the seller shall be aware that the city of Maple Plain may be granted some rights by the O+rnno Schools for use of the grounds UPON MMION by Bill Levering, seconded by Jim Franklin, authorisation was given to administration along with Bud Andrus to enter into negotiations with Hoods Academy along the general guidelines of Mr. Levering's previous motion which was withdrawn. May: Don Anderson. Motion carried. The consensus of the Board was that Jim Seiter and Bill Fenholt would meet with Bud Andrus and Hoods Academy and any discussion with Maple Plain would be dono with the full Maple Plain Coui,cil after the School Board has discussed the offer. Jim Seiter stated that Hoods Academy may not want to get involved in a situation with Maple Plain that would be difficult. Mr. Seiter stated that it the Board agrees with Hoods Academy's offer, representatives can than present the offer to the Maple Plain Council. Dave McKcwn stated that whwn Hoods Academy presents an offer to the District, the board can study it and negotiate the offer. The Board would be fre.r to do with Hoods Academy's proposal as they would see fit. Jim Franklin informed the Board that the police and fire department auction will be combined with the Lion's Club Turkey Barbeque at Maple Plain on July 29, 1994. Mr. Franklin asked the Board for permission to use the front of the Maple Plain School property for the auction from noon to 5:00 p.m. that day. The consensus of tl Board was that they could use the grounds but Mr. Franklin should contact Toni berglund, Director of ComaKmity Education, for arrangements. UPON MOTION by Bill Levering, seconded by Jim Franklin, the meeting was adjourned. Reuben N. Pala, Clerk w Approved: Dew McKown, Chairman ���: ,,.��,i� ,,�_F ► LNG C_ i' t l.� ' •.f �_ 'f MINUTES of THE MEETING OF THE SCHOOL. BOARD OF OROh--'EPENDENT SCHOOL DISTRICT' NO. 278 u0 ON MONDAY , JULY 9. 1984 i i j The annual reorganization meeting of the School Board of Orono Independent School District No. 278 was held on Monday, July 9, 1994. Present: David McKown JamaR Franklin James Seiter Don Anderson William Levering William Fenholt Kitty Crosby Reuben Palm The meeting was called to order and nominations for chairperson were requwsted by Mr. Salter. UPON MOTION by Reuben Palm, seconded by Don Anderson, Dave McKown was nominated for chairperson, nominations ceased, and Mr. McKown was elected by unanimous ballot. UPON MOTION by Kitty Crosby, seconded by Bill Levering, Reuben Palm was nominated for vice chairperson. Don Anderson moved, Hill levering seconded that nomirations cease and Mr. Palm was elected by unanimous ballot. UPON MOTION by Kitty Crosby, seconded by Bill Levering, the yearly sn<ary for Clark was established as 9500 and the yearly salary for Treasurer was established as 2100_ UPON MOTION by Don Anderson, seconded by Reuben Palm, Kitty Crosby was nominated for clerk. Dor, Anderson moved and Reuben Palm seconded that nominations cease and Mrs. Crosby was elected by unanimous ballot. UPON PUTION by Kitty Crosby, seconded by Reuben. Palm, Uon Anderson was nominated for Treasurer. Bill levering moved, Kitty Crosby seronded that nominations cease and Mr. Anderson was elected by unanimous ballot UPON MOTION by Kitty Crosby, seconded by Bill Levering, the minutes of the JMe 11. 1994, regular meeting were approved as ,resented LWION MOTION by Kitty Crosby, seconded by Bill Levering, the minutes of the June 19. 1994, special meeting were approved as presented. Reuben Palo wondered if anyone had discussed with Jerry Rice the issue of graduation contracts and whether or not this could be done After sours discussion, Mr- Palm stated that he would contact Mr Rice and visit with him as the Board felt Dr Winter would probably pursue another approach for next year R:euMMn Palm stated he had questions regarding the update of the July, 1993 Quality of Education Study. He asked when these test scores w•�uld be valid as the report states because of norms used and the fact that this is a now test, comparisons between last year's scores and this year's scores would not be valid. Secondly, he stated the scores see+a to be alarmingly lower and he wondered why Nr. Setter stated that he would pursue an explanation for the validity reg ardinq scores from Dr Winter. As to the lower scores, Mr Seiter stated that a higher percent of students are takinq the SA. and PSAT tests as the interest in college attendance Is greater The Board felt this would be a good topic for the Principals' !soot and Con.`er meeting. Dan Anderson again stated his concern with athletic fields being ussI during inclement weathet. Mr. Seitor responded that he had talked to Toni Bergland and sho had an agreement from Cola Graham as to the handling of the situation. Mr. Seiter gave the Board an update regarding the Maple P)%1n Sch000 ftvm Bud Andrus Woods Academy will b% meeting with Bud Andrus on July 10 ar.d ttr. Andrus will get in touch with Mc. Saiter as soon as possible after the meeting. The Superintendent's Hoot and Confer meeting will be held on August 13 at 5:30 p.m. The Principals' Meet and Confer meeting will be held on August 15 at 5:00 p.m. UPON NOTION by Don Anderson, seconded by Peuben Palm, the criteria for allowing 7th and 9th grade participation in high school sports was approved as follows: CRITERIA ON FILE IN DISTRICT OFFICE Jim Seiter explained that the general criteria will haven to be not first and than specific criteria for each sport will be followed. Only those sports listed on the criteria sheet will participate in the program. UPON NOTION by Bill Levering, seconded by Kitty Crosby, approval was granted for an additional half-time kindergarten teacher for the 1984-85 school year. Mr. Seiter explained that because the present half-time kindergarten position has not been filled and the Board has now approved another half-time kindergarten position, Carol Kiesch, presently on unrequested leave, will be called back to a full time position. At this time Bill Levering stated that he would like to comment on the approval of the criteria for allowing 7th and 8th graters to participate in high school sports. He commented that he has reservations regarding 7th and Bth graders being used in high school sports and he believes the Board needs to watch this very carefulAy. Kitty Crosby stated that she felt the Board should have some sort of control or overview of how this works. Don Anderson stateo he agrees with lbr. Levering and Mrs. Crosby but that most schools have been forced by the court system to allow this participation. LEI'(W NOTION by heuben Palm, second -a by B�_11 Levering, the previous notion was amended as follows, The Board will be kept informed as to how the program is working and of any additional sports that are added. UWW WYTION oy Kitty Crosby, seconded by Reuben Palm, the regular Board sweeting dates for 1984-95 will be held at 7:00 p.n., in or adjacent to the District ?!tics as follows July 9, 1994 November 12, 1994 Karch 11. 1905 August 13, 1904 December 10. 1994 April 8, 1905 September 10, 1994 January 14. 1965 April 22, 1965 September 14. 1994 January 29, 1985 Kay 13. 1995 0ctobrr 9 1964 February 11, 198S hey 21. 1995 (61ec.) October D1. 11064 February 25. 1495 June 10, 199$ 2 RESOLVED UPON MOTION by Don Anderson. seconded by Kitty Crosby, that the State Bank of Long Lake and the Bank of Maple Plain be and are hereby designated as depositories Cor the regular funds of this school district and the officers of the School Board are hereby authorized in the name of and on tehalf of the School Board to open or cause to be opened or to continue or cause to be continued accounts with said banks and to execute and deriver to said banks, signature cards supplied by said banks containing said banks usual customer agreement applicable to such accounts and the signatures of the officers or other persons hereinafter named are hereby authorized t� act for and on behalf of the School board or otherwise to endorse or cause to be endorsed, to negotiate or cause to be negotiated, or to deposit or cause to be deposited in such accounts any money, checks, drafts, orders, notes or other instruments payable or held by this S^_hcol Board. Said officers are: David McKown, Kitty Crosby. Don Anderson. RESOLVED IRON MOTION by Reuben Palo, seconded by Kitty Crosby, the following investment depositories were approved and George Stubbs and William Fenholt are authorized to transfer funds among these financial institutions for investment purposes: 1. F b M Marquette National Bank 2. Norwest Bank of Minneapolis 3. First Bank of Minneapolis 4. Midwest Federal Savings and Loan of Minneapolis S. First Federal Savings and Loan of Wayzata 6. Twin City Federal Savings and Loan 7. Financial Corporation of America 8, Citicorp City Bank 9. State Bank of Long Lake 10. 1st Financial Management Corp. 11. Norwest Bank - Midland N.A. 12. National City Bank of Minneapolis 13. Eaton and Howard Inc., Boston, Mass. UPON MOTION by Don Anderson, seeoud A by Kitty Crosby, the PIONEER was designated as the official publication of the School District when the PIONEER becomes official which will be the and of July, 1984, and •'I such time the District will continue to publish in the Minnetonka SUN. UPON MOTION by Kitty Crosby, seconded by Raub% the official office of the Clerk of the School 3oard will be the District k. -w in the aiddle school building. UPON MOTION by Kitty Crosby, seconded by Reuben Palm, John Nolten of the law firm of Faegre and Benson was approved as general legal counsel. UPON MOTION by Reuben Pale, seconded by Kitty Crosby, Dale Bethoffer of the law `ire of Foegre and Benson was approved as legal counsel for labor related needs. UPCM MOTION by Kitty Crosby, seconded by Don Anderson, the auditing firm of Froehling, Anderson, Plowman and Egnell. Ltd as school auditors was approved UPON MOTION by Kitty Crosby, seco,,led by Reuben Pale, the renevel of surety bonds for all employees was approved. 3 UPON MOTION by Don Anderson, seconded by Reuben Palo, Board members were appointed to the following committee memberships: Teachers Meet i Confer Minnesota State High School League TIES A.M.S.D. E.C.S.U. E.P. T.F. Community Education M.S.B.A. Comet Title I Continuing Sducation Negotiations Parents Kiet 6 Confer Kitty Crosby, Jim Franklin, Bill Levering Dave McKown Dave McKown Reuben Palm Kitty Crosby, alternate Don Anderson Jim Franklin, alternate Bill Levering Reuben Palm, alternate Jim Franklin Kitty Crosby, alternate Reuben Palm Jim Saiter. alternate Kitty Crosby Bill Levering Kitty Crosby, Reuben Palm. Bill Levering Don Anderson, Jim Franklin UPON MOTION by 'Jon Anderson, seconded by Kitty Crosby, milk bids are to be secured for 1994-05. UPON MOTION by Don Anderson, seconded by Reuben Palm, membership in E.C.S.U. for 1964-95 was approved. UPON MOTION by Reuben Palm, seconded by Kitt;, Crosb%,, Nancy Nelson Ne.wann was hired as half-time Spanish teacher ir, the high school. UPON MOTION by Kitty Crosby, seconded by Reuben Palm, the bills as covered by vouchers 044751 through 044901 and 044140 through 044300 were approved as presented. UPON MOTION by Don Anderson, seconded by Reuben Palm, the Treasurer's Report was approved as presented. UPON MOTION by Kitty Crosby, seconded by Don Anderson, the meeting was ad)ournd Approved: Dave McKown, rhalrmat► ♦ { Kath&rino P. Crosby, Clerk 4 a.v HOW -Z rt 4, 02 173 -Tow J JUL Z 2 5 CITY t TY OF ORONO pj�lr ['1115'14! ISM Ni,-. ,John Hacking 113 Grain Fxchange Building Minneapolis, "Minnesota 55415 Mr. John Burger 3700 Bayside Rmd Long lake, Minnesota 55356 i.. Mr. st.eve ,, t in-- Brauer 6 Associates 6440 Flying C1aid Drive Eden Prairie, Min'tesota `,5343 Poh Cargill Richar'. Doherty Victoria Grain C rj,any 915 Grain Exchange %hnneaRolis, ktimesota ') (RYSr" NAY. MINNMIA SM3 i t II LAGIF O 11{{l)�il ►u JKA fo e RYtitAL BAY %H"k Mr. Dave Phillips 403 E. llth Street Shakopee, Minnesota SS379 Mr. .John Gul l ickson Rox 105 Rockford, Minnesota Mr. T)m Sjostrcn 1S200 Wayzata Boulevard Wayzata, Minnesota SS391 Virgil Dmrfler 188S Nilson strret .Sit. Pull, milmeSots CSYSTAI PAY, YI%%LA)TfA «ill Ear, A. Norwood 1360 Vine P1. Mound, Mn 55364 Richard J. Chcrba 1340 Vine P1. Mound, MN 55364 S. V. Nicholson 1350 Vine P1. Mound, MN 55364 hobert S. Howells 2821 W. 91st St. Minneapolis. MN ;5420 Topogrophic Survey far L. N. 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