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HomeMy WebLinkAbout10-15-1984 Council PacketMINUTES OF THE REGULAR COUNCIL MEETING HELD OCTOBER 15, 1984. PAGE 1 ATTENDANCE 7:00 PM The Orono City Council met on the above date with the following members present: Mayor Butler, Council - members, Grabek, Adams and Hammerel. Councilmember Frahm was absent. City Administrator Benson was absent. City Attorney Radio was absent. Building and Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, Public Works Coordinator Gerhardson, Finance Director Kuehn, City Engineer Cook, and Recorder Sutton represented the City staf f . PUBLIC HEARING - REVENUE SHARING 7:00 - 7:05 PM Mayor Butler announced that now was the time and place for the public hearing to be held concerning the Revenue Sharing. City Recorder Sutton noted the affidavit of publication. There was no one present from the audience for this public hearing. Mayor Butler closed the public hearing at 7:05 p.m. Mayor Butler moved, Councilmember Adams seconded, to approve the revenue sharing program's proposed uses. Motion, Ayes (4), Nays (0). CONSENT AGENDA* Councilmember Grabek moved, Councilmember hammerel seconded, to approve the Consent Agenda* subject to removing item M3 for discussion, with all staff reports concerning these items reviewed at this meeting to be attache-1 to the original copy of these minutes on file in the City Clerk's office. Motion, Ayes (4), Nays (0). APPROVAL OF MINUTES Mayor Butler stated that under the Crystal Bay discussion of the September 24, 1984, Council minutes it should be noted that the Council did receive a petition from the neighbors of the Crystal Bay area. Mayor Butler moved, Councilmember Grabek seconded, to approve the September 24, 1984, Council minutes subject to the addition noted above. Motion, Ayes (4), Nays (0). APPROVAI. OF ►,1NUTES* Councilmember Grabek moved, Councilmember Nammerel seconded, to approve the minutes of the special budget meeting held October 1, 1984. Motion, Ayes (4), Nays (0). LAKE MINNETONKA CONSERVATION DISTRICT REPORT Councilmember Grabek moved, Councilmember Adams seconded, to take note of the October 1984 meeting schedule and 1985 adopted budget of the I.MCD. Motion, Ayes (4), Nays (0). PLANNING COMMISSION COMMENTS Planning Commission member Kelley was present but had no comments. MINUTES OF THE REGULAR COUNCIL MEETING HELD OCTOBER 15, 1984. PAGE 2 PUBLIC COMMENTS Don Ulrick of the Westonka Community Center asked the Council to donate $1,225 to the center for administrative costs for the senior center. Mayor Butler moved, Councilmember Hammerel seconded, to approve a check for $1,225 for the administrative costs for the Westonka Community Center. #778 JOANNE GRIMES 4720 NORTH ARM DRIVE WEST PRELIMINARY SUBDIVISION Joanne Grimes was present. Zoning Administrator Mabusth stated that a drainage easement would be taken over the creek. Councilmember Grabek moved, Councilmember Adams seconded, to approve the preliminary subdivision of a two lot plat f inding all standards of the Grono On -Site Sewage Treatment Code and RR-1B Zoning District have been satisfied, subject to the following conditions: 1. Final plat must reflect 33' wide easement along south property line for a distance of 388.14' to be designated as outlot and shared lot line must be realigned so that area of Parcel B consists of two acres of dry contiguous land exclusive of road outlot and drainageway that intersects on the east. 2. Underlying road and utilities easement over road outlot granted to City. 3. Conservation and flowage easement over drainageway granted to City. 4. Payment of Park Fee of $200 for newly created lot. 5. City grants a drainageway setback variance of 25 feet for the drainfield that will serve the new residence based on the following findings: a) On -Site Septic Manager finds the test information confirms the area will provide adequate soils for treatment of effluent. b) The creek holds water only during heavy rainfalls and remains dry the majority of the year. Motion, Ayes (4), Nays (0). #806 W1I.I.OW PROPERTIES 2600 WAYZATA BLVD PRELIMINARY SUBDIVISION Bill Gagne was present. Zoning Administrator Mabusth noted that this subdivision wi ) 1 be the site for the new Hennepin County Library. MINUTES OF THE REGULP.R COUNCIL MEETING HELD OCTOBER 15, 1984. PAGE 3 #806 WILLOW PROPERTIES #846 LEEKLEY'S INC 2500 SIXTH AVENUE NORTH CONDITIONAL USE PERMIT RESOLUTION #1685 Mayor Butler moved, Councilmember Adams seconded, to approve the preliminary subdivision for Willow Properties foi a three lot subdivision finding all standards of the RR-lB zoning district and platting code have been satisfied, subject to the following: 1. Dedication of right-of-way for Highway 12, Old Crystal Bay Road and Willow Drive. 2. City to acquire underlying road and utility easements over Outlot A. 3. Payment of park fee for Lot 1 at $200. Park fees for Lot 2 and Outlot B are not waived but postponed for future development. 4. Plat road to be constructed per City specifications up to Library's private drive. 5. Wetlands within Lot 2 and Outlot B to be designated in future plattings. There are no designated wetlands in Lot 1. 6. Three sewer units are assessed against the entire property. Applicant to decide the three sewer units are to be reassessed amongst parcels. Motion, Ayes (4), Nays (0). Mr. Leekley was present. Assistant Zoning Administrator Gaffron noted that this is not a designated wetlands and will handle the overflow from the neighboring property. Mayor Butler stated that safety fencing might be considered around the pond after it is constructed. Butler suggested adding language from the Hennepin County Conservation District's report to assure safety and that the City will not be held liable. Councilmember Adams stated that the City should get some indemnification so that the City will not beheld liable. Councilmember Hammerel moved, Councilmember Adams seconded, to approve Resolution 01685, A Resolution Granting a Conditional Use Permit to allow the excavation of a decorative wildlife pond subject t(, staff adding safety language to the resolution. Motion, Ayes (4), Nays (0). MINUTES OF THE REGULAR COUNCII. MEETING HELD OCTOBER 15, 1984. PAGE 4 #868 LEEKLEY'S INC 2450 SIXTH AVENUE NORTH CONDITIONAL USE PERMIT RESOLUTION #1686 Mr. Leekley was present. Assistant Zoning Administrator Gaf f ron stated that this is a designated wetlands. Mayor Butler suggested adding language to the resolution concerning the flowage and conservation easement and including language from the Hennepin County Conservation District report concerning safety and the homeowners safety. Mayor Butler moved, Councilmember Hammerel seconded, to approve Resolution #f1686, A Resolution Granting a Conditional Use Permit and Variance to permit the excavation of a wildlife pond within a designated wetlands, subject to staff adding safety language to the resolution. Motion, Ayes (4), Nays (0). #856 EDWARD BECK 1280 NORTH ARM DRIVE CONDITIONAL USE PERMIT RESOLUTION #1687 Edwatd Beck was present. Counci]member Grabek asked staff how they would pol ice this and suggested that this be checked by staff every year rather than checking it in four years. Zoning Administrator Mabusth stated that staff :.uuld check with the owner to assure that this use %F:as not being rented out. Councilmember Hammerel moved, Councilmember Adams seconded, to approve Resolution ##1687, A Resolution Granting a Conditional Use Permit and Variance to permit the creation of a temporary guest apartment within the walkout level of the existing house by constructing separate kitchen facilities subject to review every year by City staff. Motion, Ayes (4), Nays (0 ) . #857 JERRY NELSON 2565 DUNWOODY AVENUE VARIANCE RESOLUTION #1688 Jerry Nelson was present. Councilmember Grabek moved, Mayor Butler seconded, to approve Resolution 01688, A Resolution Granting a Variance to permit the construction of a deck which will increase the hardcover in the 75-250' setback zone. Motion, Ayes (4), Nays (0). MINUTES OF THE REGULAR COUNCIL MEETING HELD OCTOBER 15, 1.984. PAGE. 5 #858 ROBERT HOWELLS 1448 PART( DRIVE VARIANCE RESOLUTION #1689 Mr. and Mrs. Robert Howells were preset. Assistant Zoning Administrator Gaff ron noted that the Howells want to keep the existing cabin for storage pirN-)ses. Gaffron noted that two of the five Planning Commission members felt that the cabin should be removed. Robert Howells stated that the cabin is structurally sound and that they need it for storage. Howells noted that the cabin's location does not impact the location of the house anyway. Mrs. Robert Howells stated that the h,-)use location may not be quite 17' from the lot line. Howells stated that it may be 16' feet. Mayor Butler moved, Councilmember Adams seconded, to approve Resolution #1689, A Resolution Granting a Variance to permit the construction of a new residence subject to change in the setback to 16' as noted c:bove. Motion, Ayes (4), Nays (0). #859 DENNIS KUMLIN 2665 FOX STREET PRELIMINARY SUBDIVISION Dennis Kumlin was present. Councilmember Adams moved, Councilmember Hammerel seconded, to approve the two lot plat of Dennis Kumlin finding that all standards of the RR-lB zoning difstric:t platting code and on -site septic code have been fulfilled subject to the following conditions: 1. Payment of park fee of $200 for newly created Lot 1. 2. Access for Lots 1 and 2 will be shared located at the existing curb cut. 3. Owners to provide appropriate access easements when design of plat is finalized. Motion, Ayes (4), Nays (0). #860 FUNK/ROGOSHESKE 'S40 OLD CRYSTAL BAY ROAD SO PRELIMINARY SUBDIVISION George Funk and Judy Rogosheske were present. The following neighbors were present for this application: Mary Lou Doherty of 2790 White Oak Circle John 6 Lynn Doupan of 2785 White Oak Circle Ray Mary Rasmussen of 2700 White Oak Circle Richard Kling of 2780 white Oak Circle Charles Kolley of 1710 white Oak Circle MINUTES OF THE REGULAR COUNCIL MEETING HELD OCTOBER 15, 1984. PAGE 6 #860 FUNK/ROGOSHESKE Char les Kelley of 2710 White Uak Circle stated that Van Eeckhout still owns the road. Kelley stated that the neighbors want to form a homeowners association. Kelley stated that the neighbors concern is that the road will be torn up during construction. Kelley noted that at one time after construction, the road needed $6,400 worth of repair done. Richard Kling of 2780 White Oak Circle asked that the Council bring the owner of the road, Van Feckhout, into this discussion anr' maybe an agreement can be made. Kling stated that Van Eeckhout is willing to sell the road to the neighbors. Gecrge Funk stated that the covenant s on each lot would restrict construction traffic when the neighboring roads have the road restrictions posted. Councilmember Adams stated that the contractor ;:hat damages the road should have to pay for the repair of the road. Adams suggested an escrow arrangement to take care of the repair costs. Charles Kelley stated that this extension of White Oak Circle is off the worst part of the road which is the cul de sac. Kelley stated that the major repairs have been done in this cul de sac area. Kelley stated that. there are 72 dead end cul de sac roads in Orono. Kelley stated that 42 of the cul d: sac roads are maintained by the City and only 26 are privately maintained. Kelley stated that the City has already set a precedence by maintaining 42 Cul de sacs. Kelley asked the Counci 1 to consider taking over White Oak Circle's maintenance. Councilmember Adams noted that the neighbors, the owner of the road, and the owners of thi s subdivision shr-uld get toge4-.her to resolve the ownership of the road problem and get a homeowners association to maii:tain the road. Adams felt this should be done before granting any approval to this subdivision. Councilmember Hammerel noted that the City does not have leverage over the -wner of the road why-) 1 s not even in attendance. Charles Kelley stated he would not like to see preliminary approval given until this road maintenance problem is resolved. Councilmember Grabek advised that it is not necessary to delay preliminary approval because the plat will not receive final approval if these matters are not resolved to the City's satisfaction. MINUTES OF THE REGULAR COUNCIL MEETING HELD OCTOBER 15, 1984. PAGE 7 1860 FUNK/ROGOSHESKE Mayor Butler moved, Councilmember Hammerel seconded, to give preliminary approval of the plat, White Oaks Overlook finding all standards of the Orono platting code, RR-lB zoning district and On -Site Septic Code have been satisfied subject to the following conditions: 1. Drainageway must be designated as 20' wide drainage easements --dry areas of Lots 2 and 3 must be exclusive of drainage areas. 2. Applicants to provide information to City as how future owners of Lot,: 2, 3 and 4 will participate in the maintenance and upkeep of White Oak Circle. 3. Payment of park fee of $600. 4. Dedication of 33' of right of way for Old Crystal Bay Road. Motion, Ayes (3), Nays (1). Councilmember Adams voted nay because he felt that the road maintenance should be resolved before preliminary approval should be granted. 1861 STEVEN PAULY 3980 DAHL ROAD VARIANCE RESOLUTION Mr. an_l Mrs. Steven Pauly were present. Mayor Butler stated that the house is already there. Butler stated that staff could add language to the resolution warning a future owner that perhaps a future Council would not approve any other hardcover variances for this property since it is so severely limited. Councilmember Adams stated that th_ existing house is 1200 sf and the addition is 850 sf all located within the 0-75' setback area from the lake. Adams noted that no hardcover is supposed to he in this area. Adams stated that the applicant shot, 1 d make a trade of f in hardcover to allow for the increase. Councilmember Hammerel moved, Councilmember Adams seconded, to table Steven Pauly's variance application to allow applicant time to consider a trade off in hardcover equal to the square footage of hardcover that is requested. Motion, Ayes (4), Nays (0). MINUTES OF THE REGULAR COUNCIL MEETING HELD OCTOBER .15, 1984. PAGE 8 1862 WILLIAM BOWMAN 10 WILLOW DRIVE. SOUTH VARIANCE RESOLUTION #1690 William Bowman was not present. Assistant. Zoning Administrator Gaf f ron noted that the Bowmans would not be present because they are out of town. Councilmember Adams moved, Councilmember Hammerel seconded, to approve Resolution $1690, A Resolution Granting a Variance to permint the construction of a detached garage. Motion, Ayes 14), Nays (0). APPEARANCE - CHUCK HENKE 3536 LYRIC AVENUE Chuck Henke was present. Zoning AdministratorMabusth stated that Mr. Henke has been invited to the Council mc—eting to discuss the code violations on this property and to find out if his residence is teing used as an auto repair business. Mabusth stated that a temporary certificate of occupancy was issued with certain stipulations that were never met. Chuck Henke stated that the foundation was built in 1935. Henke stated that he doesn't feel that the foundation is unsafe and that it would be a waste to put a foundation under a 400 sf house. Henke stated that he had an estimate to fix the foundation and they said it would cost $8,400. Henke stated that he doesn't have the money to pay for a new foundation. Mayor Butler noted the temporary certificate of occupancy that was signed in February which noted the roof and foundation to be completed. butler stated that the temporary certificate of occupancy is now void since the corrections were not made and technically the City could ,r,ake Henke move out. Mayor Butler noted to Henke that he wd5 it,f armed when he signed off on the temporary certificates of occupancy that the foundation and roof must be replaced. Chuck Henke stated that he has no way of putting the foundation in. Henke stated that he signed the certificate of occupancy under duress because he did not have anywhere else to go. Henke stated that he spoke to the assessor and that the assessor agreed that the foundation would not increase his property value any. Henke stated that he doesn't feel the f oundat i en is unsafe. Zoning Administrator Mabusth staters that if Henk had paid his taxes that he would have been able to apply for a grant to fix the foundation. MINUTES OF THE. REGULAR COUNCIL MEETING HELD OCTOBER 15, 1984. PAGE 9 CHUCK HENKE Chuck Henke stated that he went to see the Building Inspector before he bought the property. Henke stated that the Inspector gave him a report of corrections that must be made. Henke stated that this report did not include the foundation. Henke stated that if he had known that the house needed a new foundation that he would not have bought the house. Henke felt it wasn't fair that. the Inspector told him later that a foundation must be installed. Henke stated that the Inspector gave him a list of corrections that he relied on and the foundation was not included on that list. Zoning Administrator Mabusth stated that Henke had first &pproached the Inspector that this would be temporary and that he would tear the building down and rebuild it later. Mabusth stated that the use of the building to be temporary until Henke built a permanent residence on the property. Mabusth stated that the City does not have the authority to give variances to the State Building Code. Councilmember Grabek moved, Mayor Butler seconded, to direct Chuck Henke to proceed with funding for the foundation and such foundation to be installed by July 23, 1985, and if at that time can't pay taxes and can't get funding to put foundation in or ►:asn't started new house plans to meet the state code, then staff is to proceed with condemnation of the buildin(•. 'lotion►, Ayes (4), Nays (0). BID AWARD TRUNK HIGHWAY 12 SANITARY SEWER REPAIR b DITCH GRADING PROJECT Mayor Butler moved, Councilmember Adams seconded, to award the bid to F.F. Jedlicki, Inc. for an amount not to exceed $13,050 for the Trunk Highway 12 Sanitary Sewer Repair 6 Ditch Grading Project. Motion, Ayes (4), Nays (0). CHANGE ORDER - HANDICAPPED ACCESS - PRECINCT 13 City Engineer Cook noted that the work has been completed. Mayov Butler moved, Councilmember Hammerel seconded, to approve the change order in the amount of $2, 395 and to approve the final payment in the amount of $3,822.96 to Halverson C,�nstruct.ion. Motion, Ayes (4), Nays (0). RESOLUTION 11691 WILLOW DRIVE OVERLAY City Engineer Cook requested that Council reject. all bids for the Willow Drive overlay and call for new bids in the spring. MINUTES OF THE REGULAR COUNCII. MEETING HELD OCTOBER 15, 1984. PmGE 10 RESOLUTION #1691 Maycr Butler moved, Councilmember Adams seconded, to approve Resolution #1691, A Resolution Requesting Variance From Current Municipal State Aid Standards. Motion, Ayes (4), Nays (0). Mayor Butler moved, Councilmember Hammere1 seconded, to reject all bids and to rebid the Willow Drive Overlay project again in the spring. Motion, Ayes (4), Nays (0). COUNTY ROAD 15 - PROPOSED PLANS DISCUSSION Council reviewed the proposed plans for County Road 15. Transportation Reporter Adams stated that fie would meet with the three cities to discuss the proposed plans on County Road 15. MAYORS REPORT Mayor Butler distributed a letter from Anfinson, Hendrickson 5 Co regarding the special audit report. 1984 SUMMER RECREATION PROGRAM REPORT FROM ORONO SCHOOL DISTRICT Grabek moved, Mayor Butler seconded, to approve the 1984 summer recreation program report from the Orono Community Ed. Motion, Ayes (4), Nays (0). PERRY'S TRUCK REPAIR Grabek moved, Mayor Butler seconded, to approve the Perry's truck repair service to begin October 19, 1984 instead of the Loretto Towing Cc. Motion, Ayes (4), Nays (0). ORDINANCE NO. 8, SECOND SERIES - COUNCIL SALARIESGratek moved, Mayor Butler seconded, to approve Ordinance No. 8, Second Series, An Ordinance Amending the Council Salaries. Motion, Ayes (4), Nays (0). SALARY ADJUSTMENT - OFFICER STEVEN PEARSON Grabek moved, Mayor Butler seconded, to approve a salary adjustment to $2,204.80 effective October 5, 1984. Motion, Ayes (4), Nays (0). DONATION REQUEST DENIAL Grabek moved, Mayor Butler seconded, to deny the donation request from the MN National Guard Enlisted Association. Motion, Ayes (4), Nays (0). M.EET!NG WITH hE.'NNEPIN COUN-rY - FALL SALES RATIO STUDY Mayor Butler announced that the Hennepin County Assesses wi shes to meet with the Counci I to talk about the 1984 Fall Sales Ratio Study sometime on October 16 or 17, 1984. LETTER FROM ROLLINGS RE: CRYSTAL BAY SHIER Grabek moved, Mayor Butler seconded, to accept the letter from Virgil and Corinne Rollings dated October 3, 1964, regarding their opposition to the assessment for the Crystal Bay Sewer Project. Motion, Ayes (4), Nays W . MINUTES OF THE REGULAR COUNCIL MEETING HELD OCTOBER 15, 1984. PAGE 11 FUNDINC DENTAL - CRYSTA.L BA: SEWER Grabek moved, Mayor Butler seconded, to approve Public Works Coordinator Gerhardson's memo regarding the funding denial for the Crystal Bay Sewer Project. Motion, Ayes (4), Nays (0). LETTER OF RESPONSE TO 14CWILLIA14S LETTER TO GOVRRNOR PERFICH Grabek moved, Mayor Butler seconded, to accept the letter of response f rom the MN °^.A to I.aDean McWilliams regarding funding for the Crystal Bay Sewer Project. Motion, Ayes (4), Nays (0). SNOW PLOW PURCHASE - STREET DEPARTMENT Grabek moved, Mayor Butler seconded, to approve the snow plow purchase for the street department in the amount of $4,358.00. Motion, Ayes (4), Nays (0). PAUL SMITH STATUS REPORT Mayor Butler updated the Council on the Paul Smith sewer matter. BILLS* ADJOURNMENT 10:51 PM ATTEST: thy MvfHall&P Councilmember Grabek moved, Mayor Butler seconded, that the All Funds Accounts and Liquor Store Accounts be paid. Motion, Ayes (4), Nays (0). Mayor Butle: moved, Councilmember Grabek seconded, to adjourn the regular meeting at 10:51 p.m. Motion, Ayes (4), Nays (0). ��� cKt& ty Clerk Mary C. But er, Mayor AGENDA FOR COUNCIL MEETING SVr FOR MONDAY, OCTOBER 15, 1994, 7:90 P.M. (*) Asterisk items are considered to be routine items L- motion by the City Council under the Consent Discussion will be held upon request. ROLL CALL 1. 7:99 P.M. PUBLIC ;TEARING - REVENUE SNARING 2. CONSRNT AGENDA* APPROVAL OF KINU'PBS * 3. Regular Meeting of September 24, 1934 * 4. ;1aect l MMeting of October 1, 1984 PARK COMMISSION COMMENTS LAKE 14IMMETONKA CONSERVATION DISTRICT REPJRT 5. October 1984 Meeting Schedule 6. 1985 Ado,)ted Budget PLANNING COMMISSION COMME PUBLIC COMMENTS be enacted upon by one Item* on the agenda. ZONING ADMINISTRATOR'S REPORT 7. #778 Joanne Grimes, 4720 North Aran Drive West - Preliminary Subdivision 8. #806 Willow Properties, 2690 Wayzata Blvd - Preliminary Subdivision 9. #846 Leekley's Inc., 2500 Sixth Avenue North - Conditional Use Permit - Resolution 10. #868 Leekley's Inc_., 2450 Sixth Avenue North - Conditional Use Permit - Resol.ut ion —11. #856 Edward Beck, 1284 North Arm Drive - Conditional Use Permit - Resolution -.12. #857 Jerry Nelson, 2565 lunwoody Avenue - Variance - Resolution 13. #858 Robert Howells, 1448 Park Drive - Variance - Resolution 14. #859 Dennis Kumlin, 2665 Fox Street - Preliminary Subdivision 15. #860 Fui.k/Rogosheske, 540 Old Crystal Bay Road South - Preliminary Subdivision ,16. #861 Stevan Pauly, 3989 Dahl Road - Variance - Resolution ,-17. #862 William Bow-san, 10 Willo4 Drive South - Variance - Resolution 18. Chuck Henke, 3536 r,yric Avenue - Appe•aranc� CITY ENGINEER'S REPORT 19. Hid Award - Trunk Highway 12 Sanitary Seger Repair and Ditch Grading Project 20. Change Order Handicap Access Pr•:cinet #3 21. Variance Willow Drive Overlay NSA - Resolution MAYOR'S REPORT 22. Proposed Plans County Roar] 15 - Review and Discussion CABLR TV REPORT TRANSPORTATION REPORT CITY ADMINISTRATOR'S REPORT 23. 1984 Summer Recreation Program Report from Orono School District 24. Percy's Truck Repair of Long Lake - Towing and Impound Lot 25. Council Salaries - Ordinance Memo #84-56 page 1 of 2 COUNCIL MEETING OCT 15 1984 TO: Walter R. Benson, City Administrator FROM: Tom Kuehn, Finance Director CITY OF ORONO DATB: October 9, 1984 SUBJECT: Revenue Sharing Budget Hearing On MonJav, October lei, 1984. Council will'Iold a publ is h—irilij at 7:30 P.M. concerning the propoe�d uses of FeJeral Revenue Sharing monies within the General FunJ acid ImhroJ-�no2oL- anj Equipment Outlay F�Ind proposed budgets for 1985 totaling $1,983,648. The proposed uses of the revonu,� shari-rij monies ar•! for caoital outlay expenditures within both fund budgets. The attached schedule inAicates the proposed uses by department. on October 1, 1984, Council meld 9 special meeting to r_!avi*.w tiles proposed revenue sources, and tax levy for 1984 Nt th-it meeting Council eli,ninated the central air conditioning for the council chambers, the administration building front entry addition, and the civil ;efense siren (total reductions $12,511). The budget was modi fi-td to include the relocation of the administration building drop box C,: )m th-2 front door to the sid,, door entrant-,e, an(i alterin3 the front dooc :o provide for an emergency exit push bar (total a(iditions $200) . The adjustments above dr) not change tht� ov(3r•ill uses of revenue shaxin,3 for 1985 but the total General Fund and Improvement and Equipment Ou`1•♦y Fund budgets to;--il changes to $1,971,348. Memo #84-56 page 2 of 2 CITY OF ORONO FEDERAL REVENUE SHARING PROPOSED USES FOR CAPITAL OUTLAY IN THE 1985 BUDGET YEAR Proposed Rev Share Budget_ _Portion_ Imerovement and _Equipment _Outlay+ _Fund - 1985 _Expenditures Administration Department $ 8,200 Automobile an:i 1 /2 microcomputer Finance Department 53.1 Two calculators and 1/2 microco,npuLec ;,overnment Buildings Department 10,375 Phones for council hall, public works building, and administration building; air condition council hall, administration building front entry addition, electrical upgrade, vanity and dehumidifiers (2) Civil Defense Depart.nant o,50".) Siren at water plant - Navarre Street Departini?nt 31),2,17 Dunp tr,.ick, band saw, hydrauli;:s for 1975 International, hydraulic sander, Sin saws (2) -raid quirk hil:c1i colipler for 1980 C"Iev ?a r k 7)epa r. tmen' 3W10 !,awn mowers (2) TOTAL Improve & Equip Outlay Fund $01,605 $36,150 ;'eneral Fund - 1985 Expenditures Police Department - Orono's contract share of expen.litures 71.79% $2;,992 office furniture, fixtures and equipnent - Evidence locker, typing stand, secr-�tiry cli,,ic, folding chairs, camera, resuscitatoc Automative equipment - squad c.irs (3) less squads auctioned (2) Other equipment - rad.ir unit.; (2), siren units (2), barrier vests (2!, word processor, printer and work station Total General Fund $26,992 $l54W Tota 1 All Fun:ls $ell, 597 $52,996 HteMyw Is (�Y r � Minnesota Suburban Newspapers, Inc. .. , AFFIDAVIT OF PUBLICATION «rwMM. r •t w ►� r. STATE OF MINNESOTA) ~oma" "' SS. ' m'* soli ".... COUNTY OF HENNEPIN) �rium ~ .ter. m., pt .,�w�MetA a lb DONALD K. MORTENSON being duly sworn, on oath says that he � .H *" ('1TV COI". A @@WM Y MA UN is the operations manager and employee of the publisher of the wu newspaper known as wayzata/Plymouth sailor and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 331.02, 331.06, and other applicable laws. (B) The orinted Notice of Public Hearing which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks; it was first published on Monday -the 1 day of o c t 19 84 and was thereafter printed and published on every to and including _, the .._._day of 19_ . 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NOMM r...r.. tfp�bff • db dnb Mfbfr UM& N. 0W (rlf+a +r errr cvuert. c r OCf - 319B+t ' U , MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1984 PAGE 1 A The Orono City Council met on the above date with the 'WET NG following members present: Mayor Butler, Council - members Frahm, and Grabek. Councilmember Adams arrived at 8:55 p.m. Councilmember Hammerel was not OCT 15 1984 present. City Administrator Benson was not present. Public Works Coordinator Gerhardson, Assistant Zoning Administrator Gaffron, City Engineer Cook, CITY OF ORONO City Attorney Radio, City Recorder Sutton represented the City staff. CONSENT AGENDA* Mayor Butler moved, Councilmember Grabek seconded, to approve the Consent Agenda*, subject to removing item M2 from the Consent Agenda for discussion, with all staff reports 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 (3), Nays (0). APPROVAL OF MINUTES Councilmember Frahm noted on page 12 under McDowell's application that he voted nay. Councilmember Frahm moved, Councilmember Grabek seconded, to approve the minutes of September 10, 1984, subject to the change noted above. Motion, Ayes (3), Nays (0). LAKE MINNETONKA CONSERVATION DISTRICT REPORT Jo Ellen Hurr was not present because she had nothing to report. PLANNING COMMISSION COMMENTS There were no Planning Commission comments. PUBLIC COMMENTS There were no comments from the public. #603 WILLIAM WEAR 2901 WATERTOWN ROAD FINAL SUBDIVISION RESOLUTION #1680 Bill Wear was present. Mayor Butler moved, Councilmember Grabek seconded, to approve Resolution #1680, A Resolution Approving Rolling Meadows plat. Motion, Ayes (3), Nays (0). MAYOR'S REPORT Mayor Butler stated that staff has asked that a member of the City staff be appointed as liaison between Council and staff during the absence of City Administrator Benson. Butler suggested John Gerhardson or Joanne I.attin. Courcilmember Frahm moved, Councilmember Grabek seconded, to appoint John Gerhardson, Public Works Coordinator, as a temporary liaison between the Council and staff dnd Joanne Lattin, Office Coordinator, when John is away Motion, Ayes (3), Nays (0). MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1984 PAGE 2 CABLE TV REPORT Mayor Butler stated that she is no longer on the Cable TV Executive board and asked if another member of the Council or public is interested to contact her. 7:45 PM r.PPEARANCE GERRY SIKORSKI Gerry Sikorski arrived at 7:50 p.m. Sikorski was present to answer any questions the Council had. Sikorski stated that he has checked into the federal and state funding issue for the Crystal Bay area sewer project and still has found no funding available. Sikorski stated that he would continue to try and find funding for the Crystal Bay sewer project. CRYSTAL BAY AREA SANITARY SEWER I14PROVE14EN`" PROJECT PUBLIC HEARING 3:00 PM PUBLIC HEARING TO BE CONTINUED OCT. 29 Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Mayor Butler announced that now was the time and place forthe public hearing concerning the proposed Crystal Bay area sanitary sewer improvement project. The following Crystal Bay area residents were present: Duane Glew of 1135 Brown Road South John Story of 1233 Briar Street Arlene Jansen of 1045 Brown Road South LaDean McWilliams of 1130 Willow Drive Katherine Quady of 1223 Brown Road Mr. and Mrs. Flam of 1212 Arbor Street Richard and Ardella Johnson of 1241 Brown Road Rich Kiemen of 1212 Briar Street Mr. and Mrs. Mike McClelland of 2170 Minnetonka Mabel Belt of 1380 Briar Street Elizabeth Johnson of 1365 Arbor Street Maybell Kohls of 1224 Briar Street Alex & Dianne Jentilucci of 1295 Briar Street Mr. and Mrs. Sandgren of 1215 Arbor Street Lawrence & Phyllis Symoniak of 1155 Brown Road Phillip Kaley of 1395 Brown Road So Steve Carlson of 1205 Arbor Street Marcus Blue of 2160 Crystal Avenue Evelyn & Pat Drummond of 2160 Prospect Ave. Jay Wood of 1285 Arbor Street Charlie Dobson of 1290 Arbor Street Randolph Lukanen of 1085 Brown Road So. So. Ave Mr. Lukanen of luHt, Brown Road South stated that he did not receive a notice of the public hearing. Mayor Butler noted that Mr. Lukanen is cn the ma i 1 i ng list for the oublic hearinq notice. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1984 PAGE 3 CRYSTAL BAY AREA SANITARY SEWER IMPROVEMENT PROJECTArlin Jansen stated that she did not receive a public hearing notice. Assistant Zoning Administrator Gaf f ron noted that Ms. Jansen is outside the proposed Crystal Bay project area and was not included on the list. Rich Kiemen of 1212 Briar Street stated that he did not receive a notice either. Mayor Butler noted that Mr. Kiemen is on the mailing D-st for the public hearing notice. Butler noted that Lukanen and Kiemen should have received a notice because they were mailed by the City. Butler also noted that the public hearing was published in the paper. City Attorney Radio stated that the public hearing could still be held. City Engineer Cook reviewed with the audience where the sewer lines would run on the streets. Cook stated that the septic tanks are failing on many of the properties in the Crystal Bay area and that the area is in need of sewer. Cook stated that the estimate for the installation of sewer is based on 1985 dollars. Cook stated that for the installation of sanitary sewer it would cost $645,400 and for the street restoration another $467,500. Cook stated that the total for the whole project is $1,112,900. Cook stated there would be an annual cost of $4,500 to maintain the lift station. Cook stated that there are 83 units that would be assessed for sewer and the cost per unit would be $13,410. Cook stated that an additional $1,500 per unit for the connection to the line w,,s anticipated. Councilmember Adams arrived at 8:55 p.m. City Engineer Cook stated that the Cou,icil has the option of how the sewer project can be assessed. Cook stated that a breakdown of the assessments on an annual basis has been provided. Cook stated that probably a 15 year assessment at 11 percent interest would be used. Cook stated that staff looked at three different options for the assessment as follows: 1. The entire assessment based on 100 percent assessed against the benefitting property owners would result in a $13,410 per unit with a first year charge of $2,692.41 on down to the year 2000 where assessment would be $992.34. 2. 75 percent of the total cost assessed against the ben fitting property owners would result in a total assessment of $10,060 our unit and a $2,000 assessment for the first year and on down to MINUTES OF THE REGULAR ORONO CDUNCIL MEETING HELD SEPTEMBER 24, 1984 PAGE 4 CRYSTAL BAY AREA SANITARY SEWER IMPROVEMENT PROJECT 3. SO percent of the total cost assessed against the benefitting property owners would result in a. total assessment of $6,705. One man asked why the Art Center was excluded from the sewer project. Mayor Butler stated that the Art Center was excluded from the sewer project because they have enough space to expand their septic system if needed. Butler noted that the Art Center is outside the MUSA boundary and to redraw that line the City would have to have approval from the Metropolitan Council. Assistant Zoning Administrator Gaffron stated that staff would have to research the exact location of that MUSA line. LaDean McWilliam asked that the Council continue to seek funding for the project. City Engineer Cook noted the time frame of the sewer construction. Cook stated that approximately 1 month of preparation, a 60 day actual digging period of heavy construction, and 1 month to clean up. Gary Printup stated that the public's main concern is the cost of the project. Frintup stated that they would like to see the Council choose option 3. Printup stated that it would not be precedent setting to assess the cost of sewer like option 3 because there are only two areas that need sewer in Orono and that is Crystal Bay and Stubbs Bay. Councilmember Frahm stated that if the City chooses option 3 and the City has to pay for 50 percent of the sewer project, that 50 percent would roll over onto the general public. Frahm state(? that the general public in turn would ask why their taxes are going up because of the Crystal Bay sewer project when other projects in the City had to pay for 100 percent of a project. Frahm stated that assessing the cost of a project with option 3 would be precedence setting. Frahm stated that he would have to see the appraisals of the properties before he could decide which option to take as far as the assessments. Councilmember Grabek stated that the Council has to have some rationale to explain to the general tax payers when they ask why the'. r taxes went up because of sewer that is benefitting the Crystal. Bay area when they don't even live in the area. Gr.abek stated that he cannot. decide which option to choose unti 1 he gets more information from staff in regard to how much the general tax payers taxes will go up if the Council chooses an 80:20 ratio or 70:30 ratio or 50:50. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1984 PAGE 5 CRYSTAL BAY AREA SANITARY SEWER IMPROVEMENT PROJECT Grabek asked staff to have available grant information for those who are eligible at the next meeting. Grabek stated that he would also like to review the appraiser's appraisal before making a decision. Grabek stated that the general public should also have a public hearing if they are going to be assessed for the Crystal Bay area's sewer. SERVICE ORGANIZATION DONATION TO POLICE DEPARTMENT MET COUNCIL SYSTEMS COMMITTEE MEETING REPORT SCHLEE SUBDIVISION PARK LAND USE CHANGE Public Work Coordinator Gerhardson stated that there is CDBG monies available for those who are eligible but that they have to apply for this individually. Councilmember Frahm moved, Councilmember Grabek seconded, to direct staff to obtain an independent appraiser and to report back to the Council in 30 days and staff to have the the dollar figures on October 15, as towhat how much the general tax payer's taxes would increase if they are assessed a portion of the Crystal Bay sewer project. Motion, Ayes (4), Nays (0). Mayor Butler read George Rovegno's letter dated September 16, 1984, which is attached to these minutes on page 6 and 7 as Rovegno requested in his letter. Mayor Butler moved, Councilmember Grabek seconded, to continue the public hearing ur it October 29, 1984 at 7:00 p.m. Motion, Ayes (4), Nays (0). Mayor Butler stated that the Minnetonka Mist would like to donate some equipment that the police department would need. Butler stated that she had no problems with the proposed donation. Cuuncilmembers Frahm and Grabek both had no problems with the proposed donation as lorg as there is nothing tied to the donation. City Engineer Cook noted that at the Met Council meeting he noted Orono's concerns with the pipe size increase and that the Met Council assured him that there would be language in the approving motion to assure that properties will not be allowed connect to the interceptor. Mayor Butler stated that the City has been requested to consider a park land use change within the Schlee Subdivision. Butler stated that the residents that are moving into that area do not have small children and therefore would not use the tot lot that was originally required by the City. Butler stated that Schlee is asking if they can use that land for a park instead of a tot lot. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1984 PAGE 6 George F. Rovegno, Jr. 2010 Shoreline Drive Wayzata, Minnesota 55391 U.S.A. September 16,1984 Orono City Council Crystal Bay, Minnesota In the matter of the Public Hearing on Sanitary Sewer in the Crystal Bay area: I regret that I am personally unable to attend th- September 24, 1934 Public Hearing on the above matter. However, I would like to make a few comments and suggestions. The Public Hearing Notice, as published and as mailed, appears to be defective. It doesnot describe the same area as is reported upon in the feasibility report. As a result I suspect that action cannot be taken without re -publication and notice and a new hearing held. As you know we have occasionally had to do this for Planning Commission public hearings. Two alternatives to the problems in the Crystal Bay area are apparent: construct sanitary sewer or make private systems work properly. Those with functional septic systems might prefer the latter, while those with failing systems no doubt would prefer the former to the alterna- tive of a holding tank system. As more systems fail more pressure will be brought to install public sewers. Sooner or later this area will be sewered. In fact, since costs would have been much less and the City certainly knew of the problems, this area should have been sewered years ago. For this reason I will assume that in my absence you will take action to cause the construction of sanitary sewer in this area. The passions that surround this issue arise largely from the cost of the project. Having read the minutes of your August meeting on this subject and the feasibility report, as well as having spoken with Mike Gaffron. ;t would seem that the big problem is the $12,230 cost per unit. I hav? a few suggestions. Fist the Council should carefully examine the costs estimated in the reasibility report. To my n ndjiPIS, i0c_O4 for /1 7�S` feet 4` sewer pipe, i.e.iQ(-3 7 per foot, is exorbitant. Perhaps a lift station must cost $35,000, but $4,500 of annual maintenance on top of the capital expense seems unreasonable. The Council must exercise its management function. We should find out why parts of this system will be 21 feet under grade. We should ask these question,- and many more before we spend a million dollars, a sum equal to the annual total City operating budget. If any of us was faced with this kind of expense at home or at work in the private sector, we would not accept this type of cost/benefit relationship. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1984 PAGE I My second '-et of comments addresE how this project should be paid for. examination of the feasibility report it appears that there are two -i-ects each costing approximately $500,000.00. One project is the vials, labor, engineering and adminstration of the sanitary sewer u,.. lift station. The other project, equal in scope is road and right-of- way reconstruction. Certainly these roads are among the oldest in the City. Certainly, the housing density here is much greater than all or nearly all of the rest of Orono. Certainly the cost "per unit" of main- taining these roads is much, much less than all or nearly all the other public roads in Orono. I humbly suggest that should this project pro- ceed that all road and right-of-way reconstruction be financed out of the City's Public Works and Generdl funds and that they not be assessed to these properties that have been bearing more than their fair share of road costs due to the relative density of housing and l.mited length of public roads here. Only those costs having a direct connection with sewerage should be assessed to the property owners in this area. In addition the City's lots in this area must assume their fair share of the costs. the above approach should serve to snake the assessments equitable if not reasonable. Equity also demands that assessments be levied on a per unit basis. One last issue should be ,ddressed. This area is perhaps the most dense- ly built area in Orono. As I remember, the CMP said the average lot size was one -eighth of an acre. We have traditionally maintained the LR-lA low density zoning district to support on -site septic systers. In this area Lne existing density demands that this area be reclassified LR-IC, medium density residential development. as part of this sewer project. To summarize, I suggest that: 1. The Public Hearing be rescheduled with proper publication and notices. 2. We proceed with this project only if: A. the costs can be divided between assessed sewer costs and city - absorbed roadway costs; B. the costs are assessed on a per unit basis; C. the total costs are reduced by good management; and O. the area is rezoned to LR-IC. Failing any of the above, I feel the project should not be undertaken. Sincerely, y � George F. Ro o, Jr. Susan J. Rovegno MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1984 PAGE 8 SCHLEE SUBDIVISION Councilmember Frahm moved, Councilmember Grabek seconded, to approve the request from the Schlee Development Corporation to make that a park rather than a tot lot. Notion, Ayes (3), Nays (0). PARK FUND CONTRIBUTION* Mayor Butler moved, Councilmember Grabek seconded, to accept the Park Fund Contribution in the amount of $200 made by Boonestroo & Associates and to officially thank them. Motion, Ayes (3), Plays (0). RESOLUTION #1681 APPOINTING ELECTION JUDGES* Mayor Butler moved, Councilmember Grabek seconded, to approve Resolution #1681, A Resolution Approving the Appointment of Election Judges. Motion, Ayes (3), Nays (0). LETTER FRU14 COUNTY COMMISSIONERS- Mayor Butler moved, Councilmember Grabek seconded, to approve the letter from the county commissioners regarding the assesor's contract non -renewal. Motion, Ayes (3), Nays (0). WORK SESSION - 1905 BUDGET* Mayor Butler moved, Councilmember Grabek seconded, to schedule Monday, October 1, 1984 at 7:00 p.m. as the work session for the 1985 budget. Motion, Ayes (3), Nays (0). REVENUE SHARING STATEMENT OF ASSURANCES* Mayor Butler moved, ruuncilmember Grabek seconded, to approve the revenue sharing statement of assurances. Motion, Ayes (3), ?days (0). APPOINTMENTS TO ADVISORY COMMITTEE FOR NOERENBERG PARR* Mayor Butler me red, Councilmember Grabek seconded, to appoint Dianr Goetten and Barbara Peterson to the advisory con;nittee for Noe_enberg Park. Motion, Ayes (3), N,ys (0). LETTER TO PRIMARY ELECTION JUDGES* Mayor But'.er moved, Councilmember Grabek seconded, to approve the letter to the primary election judges and alternates. Motion, Ayes (3), Nays (0). CITY ATTORNEY'S REPORT City Attorney Radio had nothing to report. BILLS* Mayor Butler moved, Councilmember Grabek seconded, to that the All Funds Accounts and Liquor Stare Accounts be .aid. Motion, Ayes (3). NAys (0). AUDITOR REPORT genneth Malloy, CPA for Anfinson & Associates, rep,irted to the Council that in his exam:nat ion of the ,-ecords that no irreguldL!Lits were found. Malloy suggested that Council arrange a special meeting to review the report. MINUTES OF THE REGULAR ORONO COUNCIL M!:ETING HELD SEPTEMBER 24, 1984 PAGE 9 AUDITOR REPORT Mayor Butler suggested October 15 to present the results. ADJOURNMENT 10:15 PM Councilmember Frahm moved, Councilmember Grabek seconded, to adjourn the regular meeting at 10:15 PM and to go into executive session. Motion, Ayes ( 4) , Nays (0). ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor MINUTES OF THE SPECIAL MEETING OF THE ORONO COUNCII, HELD OCTOBER 1, 1984. A(*W#ft7M6r'r4ING The Orono Council held a special meeting on the above date to discuss the 1985 budget, with the following members present: Mayor Butler, Councilmembers OCT 15 1984 Grabek, Adams and Hammerel. Councilmember Frahm arrived at 7:30 p.m. City Finance Director Kuehn and Public Works Coordinator Gerhardson represented the CITY OF ORONO City staff. 1985 BUDGET Council requested the following information regarding the Police Department f leet of squad cars: schedule of car use, size of fleet, and need for retaining one extra car in 1985. Councilmember Frahm moved, Mayor Butler seconded, to amend the 1985 budget as follows: Improvement and Equipment Outlay Fund: Government Buildings - Eliminate central air conditioning for the Council Chambers, deduct $2,000. Eliminate the front entryway addition for the Administration Building, deduct $4,000. Add $200 forrelocatingthe Administrative Buildingfrontdoor municipal payments drop box to the side entrance, and altering the front doer to provide for an emergency exit push bar. Civil Defense - Eliminate the siren capital outlay for the Navarre Water Plant, deduct $6,500. Total Adjustments: Improvement 6 Equipment Outlay Fund: Deductions $12,500 Additions 200 General Fund none Motion, Ayes (5), Nays (0). RESOLUTION /1.682 DELINQUENT ON -SITE SEPTIC Mayor Butler moved, Councilmember Hammerel seconded, to adopt Resolution #1682, A Resolution providi,iq for the collection of delinquent 1984 annual service charges for the On -Site Sewage Treatment Inspection Progrdm. Motion, Ayes (5), Nays (0). RESOLUTION #1683 DELINQUENT SEWER/WATER Mayor Butler moved, Councilmember Frahm seconded, to adopt Resolution #1683,A Resolution providing for the collection of delinquent IS84 sewer and water service charges. Motion, Ayes (5), Nays (0). MINUTES OP THE SPECIAL MEETING OF THE ORONO COUNCIL HELD OCTOBER 1, 1984. ASSESSMENTS - SL-68 Councilmember Adams moved, Councilmember Hammerel seconded, to approve the assessment rolls for SL-68. Motion, Ayes (5), Nays (0). ASSESSMENTS - SL-70 Councilmember Adams moved, Councilmember Hammerel seconded, to approve the assessment rolls for SL-70. Motion, Ayes (5), Nays (0). RESOLUTION #1684 TAX LEVY Mayor Butler moved, Councilmember Frahm seconded, to adopt Resolution #1684, A Resolution approving the 1984 tax levy collectible in 1985. Motion, Ayes (5), Nays (0). AUDITOR'S REPORT ON SPECIAL ASSESSMENT FUNDS Mayor Butler moved, Councilmember Adams seconded, to accept the report of Anfinson, Hendrickson & Co regarding the cash flow projection and analysis of the various special assessment funds of the City. Motion, Ayes (5), Nays (0). APPRAISAL OF CRYSTAL BAY PROPERTIES FOR SANITARY SEWER PROJZCT Public Works Coordinator Gerhardson brought befor the Council his memo dated October 1, 1984, regarding the selection of a private appraiser to determine before and after property values for the 83 parcels affected by the proposed sanitary sewer oroject in the Crystal Bay area. It was recommended that a contract with Mr. Ferrell of Appraisal Associates, Hamel, Minnesota, be approved to appraise 20 percent. of the affected properties, as outlined in Mr. Ferrell's letter of September 28, 1984, with a cost not to exceed $3,000. Mayor Butler moved, Councilmember Frahm seconded, to approve the proposal of Mr. Ferrell of Appraisal Associates to appraise 20 percent of the 83 affecter properties in the proposed Crystal Bay sanitary sewe: project at a cost not to exceed $3,000. Motion, Ayes (5), Nays (0). ADJOURNMENT 9:00 PM Mayor Butler moved, Counci !member Frahm seconded, that the meeting be adjourned at 9:00 p.m. Motion, Ayes (5), Nays (0). Attest: Dorothy M. Hallin, City Clerk Mary C. But] Mayor LAKE 1AINNETONKA CONSERVATION DISTRICT 473-7033 L.-M.C.D. MEETING SCHEDULE October 1984 COUNCIL MEETING OCT 15 1984, 0!TY OF ORONO Wednesday 10- 3-84 Adjourned Regular Meeting, Board of Directors 7:30 p.m., Tonka Bay Village Hall 4901 Manitou Road (County Road 19) Saturday 10-13-84 Water Structures 6 Environment Committee 7:30 a.m., J. J. Hill's Ironhorse Inn, Wayzata Saturday 10-20-84 Executive Committee 7:30 a.m., Park Bench Eatery. Spring Park Monday 10-22-84 Lake Use Committee 4:30 p.m., LMCD Office, Wayzata Wednesday 10-24-84 9-28-84 Regular Meeting, Board of Directors 7:30 p.m., Tonka Bay Village Hall 4901 Manitou Road (County Road 19) $Kf ETj, 4v. LAKE MINNETONKA CONSERVATION DISTRICT L MCID _,or 402 EAST LAKE STREET WAYZATA, MINNESOTA 55391 TELEPHONE 6121473 7033 October 4, 1984 FRANK YIXA. EXECUTIVE DIRECTrIR BOARD MEMIERS Robert Tipton Brown, Chairman Greenwood Roban P Raeeop. Vice Chairman TO: LAKE MINNETONKA CONSERVATION DISTRICT MUNICIPALITIES Shorewood JoEllen Hurr, Secretary Orono Attached is the 1985 Lake Minnetonka Conservation District revised EdTonk:BeYumen,Treasurer budget as certified by the LMCD Board of Directors at its meeting Donald Boynton October 3, 1984, reducing the original levy by $22,945. Minnetonka Beach Jonathan R Elam Moun Minnesota Statute Chapter 907, Section 4 provides: "Expense of the Alan hang Minnetrista district shall be borne by the municipalities. The portion of the Rrchard.l Garwood Deephawn expenses borne by each munic'_pal±.ty shall be in proportion to its Audrey Gievold assessed valuation." Way:ala Ron Kraemer Spring Perk Section 5 provides: Robert K Prlibbury Minnetonka Roben E Slocum The board of directors of ' the district shall on or before July 1 Woodlandof RichardJ.J. Soderberg year, prepare g each re a detailed budget of its need for the next Victoria calendar year and certify the budget on that date to the gover- c"e H.I1so`"tef ning body of each municipality in the district together with a statement of the proportion of the budget to be provided by each municipality. The governing body of each municipality in the district Ehall review the budget, and the directors, upon notice from any municipality, shall hear objections to the budget and may, after the hearing, modify or amend the budget, and then give notice to the municipalities of modifications or amendments. It shall be the duty of the governing body or board of supervisors of each municipality in the district to provide the funds neces- sary to meet its proportion of the total cost to be borne by the municipalities as finally certified by the directors, the funds to be raised by any m—s within the authority of the municipal- ities and to pay the .s into the treasury of the district in amounts and at times Lhe treasurer of the district may require. The municipalities may each levy a tax not to exceed one mill on the taxable property located therein, to provide such funds. Said levy shall be within all other limitations provided by law. The Fee Study Committee of the District is studying other alternative income sources which may permit further levy reduction in the future. If you have any questions regarding this budget or any particular information as it relates to the activities of the District, please contact me. Respectfully submitted, (00 ,�, rank Mixa, Exec�te Director Lake Minnetonka Conservation District c: LMCD Directors r OCf 519i6C L LAKE MINNETONKA CONSERVATION DISTRICT LAKE M I N N E T 0 N K A CONSERVATION DISTRICT 1 9 8 5 A D 0 P T c- D B U D G E T AS REVISED 10-3-84 Lake Minnetonka Conservation District 1985 REVISED BUDGET REVENUE LMCD Communities Other Income TOTAL GENERAL FUND REVENUE DISBURSEMENTS General Fund - Administration Personal Services Salaries Auditing Services Total Personal Services Contractual Services Telephone Postage Print ing,Publishing 6 Adv. Utilities Maintenance - Office Equipment Janitorial Services Other Contractual Services Total Contractual Services Commodities b Supplies Office Supplies Books b Periodicals General Supplies Total Commodities b Supplies Other Charges Office Rent Insurance 6 Bonds Memberships Employer Contributions Mileage 6 Expenses Total Other Charges 1982 1983 1984 1984 1985 Actual Actual Jan -Apr Estimate Adopted $64,992 $64,992 $51,240 $68,825 $49,975 23,989 32,209 6,577 26,656 49,975 $88,981 $97,201 $57,817 $95,481 $99,950 $44,162 $48,949 $16,747 $50,241 *$55,720 490 595 -- 600 650 44,652 49,544 16,747 50,841 56,370 615 676 243 740 750 1,184 1,305 445 1,200 1,300 819 343 403 1,100 900 289 361 82 250 380 992 1,203 566 1,000 1,080 595 660 225 660 720 3,046 5,425 2,109 4,700 *2,500 7,540 9,973 4,073 9,650 7,630 1,498 1,941 317 1,500 1,500 90 152 -- 105 120 318 225 127 220 260 1,906 2,318 444 1,825 1,880 1,980 3,600 1,200 4,005 4,005 756 1,073 -- 900 1,100 175 215 110 210 225 7,390 8,437 3,022 9,000 9,540 _ 1,210 1,207 332 1,100 1,250 11,511 14,532 4,664 15,215 16,120 *Part-time clerical position transferred from temporary to permanent. 10-4-84 Lake Minnetonka Conservation District 1985 i:EVISL•D BUDGET - continued 2 1982 1983 1984 1984 1985 Actual Actual Jan -Apr Estimate Adopted DISBURSEMENTS (continued) General Fund - Administration (continued) Capital Outlay Office Furniture, Fixtures S Equipment Total Capital Outlay Total General Fund - Administration General Fund - Legal Legal Services Total General Fund - Legal General Fund - Committees 6 Contingency Committees 6 Contingency Total General Fund - Committees b Contingency TOTAL GENERAL FUND - DISBURSEMENTS S - $ 4,930 $ 651 $ 950 $ 950 -- 4,930 651 950 950 65,609 81,297 26,579 78,481 82,950 17,539 10,953 5,256 15,000 15,000 17,539 10,953 5,256 15,000 15,000 1,561 __1�419 260 2,000 2,000 _ 1,561 1,479 260 2,000 2,000 $�'.,709 $93,729 $32,095 $95,481 $99,950 6-8-84 Lake Minnetonka Conservation District 1985 REVISLD BUDGET - Continued DISTRIBUTION OF EXPENSE 3 x of % of Budget Share of Assessed Total Resulting from $49,975 Value Assessed 1/3 Mil $9,995 Maximum 1985 (1,000's) Valuation Taxable to Minnetonka Budget Deephaven $ 41,673 4.9% $ 13,891 7.7% $ 3,848 Excelsior 22,615 2.6 7,538 4.2 2,099 Greenwood 8,260 1.0 2,753 1.5 749 Minnetonka 425,013 49.6 35,948 20.0 *9,995 Minnetonka Beach 10,388 1.2 3,463 1.9 950 Minnetrista 34,159 4.0 11,386 6.3 3,148 Mound 64,110 7.5 21,370 11.9 5,947 Orono 95,200 11.1 31,733 17.7 8,846 Shorewood 47,686 5.6 15,895 8.9 4,448 Spring Park 13,693 1.6 4,564 2.5 1,249 Tonka Bay 17,534 2.0 5,845 3.3 1,649 Victoria 17,016 2.0 5,672 3.2 1,599 Wayzata 48,649 5.7 16,216 9.0 4,498 Woodland 10,397 1.2 3,466 1.9 950 Total $856,393 100.0% $179,740 100.0% $49,975 *Maximum of $9,995 10-4-84 Deephaven Excelsior Gree good Minnetonka Minnetonka Beach Minnetrista Mound Orono Shorewood Spring Park Tonka Bay Victoria Wayzata Woodland rotal *Maximum by law. 10-4-84 Lake Minnetonka Conservation District 1985 REVISED BUDGET - Continued COMPARISON - 1985 TAX LEVIES AS REVISED Share of $72,920 Share of $49,975 Change Original 1985 Budget Revised 1985 Budget $22,945 $ 5,615 $ 3,848 -$1,767 3,063 2,099 - 964 1,094 749 - 345 *14,584 *9,995 - 4,589 1,385 950 - 435 4,594 3,148 - 1,446 8,677 5,947 - 2,730 12,907 8,846 - 4,061 6,490 4,448 - 2,042 1,824 1,249 - 575 2,406 1,649 - 757 2,333 1,599 - 734 6,563 4,498 - 2,065 1,385 950 - 435 $72,920 $49,975 -$22,945 4 LAKE IAINIJE11 ONK/1 COI:�E(;:'! 11GIJ DIOTFICT 473-7033 TO: l_MCD BOARD OF DIRECTORS FROM: Frank Mixa, Executive Director DATE: October 4, 1984 SUBJ: 1985 Revised Budget Attached is the revised 1985 budget for the District. The total budget request of $99,950 represents an increase of $4,095 (5.9%) more than last year; but because of fee schedule changes, the original levy of $72,920 has been reduced $22,945 (31.6%) to $49,975, or 50% of the total budget. Distribution of the levy to the villages would also result in a decrease of approximately 28% from last year, depending on relative changes in dss-.sed values. There was no levy increase from 1982 to 1983. The budget now levys approximately 27.8% of the 1/3 mil allowable under the Statute, compared with 39.8% last year, and 42.6% the year before. This ratio has been declining steadily from 75% in 1975 (relatively, a 632 drop). The budget provides the following adjustments: 1. 6% for salary increases. 2. Continued adjustment in the Capital Outlay to replace funds expended for the Xerox collator, memorywriter, and for other future office equipment purchases. 3. Provision has been made Under Other Contractual Services for contractual accounting services as in 1984. Part-time clerical is transferred to Salaries. 4. Recodification of the LMCD Code of CrL:inances has been budgeted in 1984 and 1985 as needed. 5. The office rent increase for 1983 is amortized over the balance of the lease @ $405 per year. 6. Other minor changes reflect adjustments for increased LMCD activity or anti^ipated inflationary effects. The Contingencies and Reserve fund of $51,662 will fall below the District limit of one-half the budget by the end of 1984, after purchasing authorized LAKE- 1.;1t:!4E1 OIJKA CC) IISERVATi'ON DISTRICT 1985 Revised Budget office equipment. The Committees and Ca,.Eingency ,"or 1985 remain at the 1984 reduced level of $2,000. The reserve funds are currently committed at follows: Office Equipment 4,000 Upper Watershed PrnjLct guaratit,�e 20,000 Reserve for delayed legal expense 5,000 Equipment depreciation reserve 10,000 License and permit fee reserve 8,500 Interest reserve 4,200 $51,700 License fees were adjusted in 1980, and fees were added in 1983 for boat storage density and permanent dock permits. Fee schedule changes and the elimination of th,, municipal exemption have permitted a substantial re- duction in the levy. The Fee Study Committee is continuing its review of alternate revenue sources which could be used to further reduce the levy. The levy increase has been held under 6%, although from 1981 municipalities have been allowed an 8% annual levy adjustment under state law. The budget again does not provide for consulting engineering services. m Enc. c: LMCD municipalities COUNCIL MEETING To: Walter R. Henson, City Administrator OCT 15 1984 Orono COIAnci1 Members From: Jeanne A. Mabusth, Zoning Administrator CITY OF O R O N O Date: October 1-2, 19e4 Subject: #778, JoAnn Grimes, 47210 North Arm Drive West - Preliminary Subdivision Zoning District - RR-18 Area - 5+ Acres Application - Plat 2 Lots List of Exhibits: Exhibit A - Application Exhibit 8 - Property Owners List Exhibit C - Flat Map Exhibit D - Planning Commission 111i nl it es 17-19-84 Exhibit E - Preliminary Plan Exhibit F - Staff Sketch Exhibit G - Septic Test Map Exhibit H - Deeds Reflecting Easements The application involves a 2 lot division of the five acre lirimes homestead located at 4720 North Arm Drive. Acess to the property is via a non-e-clusive access easement over a platted 50 feet wide tract owned by none of the adjacent property owners served by the drive. Review the enclosed plat (Exhibit C). four existing residences (4620, 47009 4720 & 4740) all achieve access via the platted 50' wide tract. Access to 4720, 4620 and the newly created lot v,il) also be served by another private easement that runs along the south side of the crimes property for appro- ximately 788 feet at a width of 33 f E and at a 17 feet width along the north property line of the property located at 47(-ii►, The City will ask that the 33 +eet involved in the Grimes property be platted as an o:►tlot (See Exhibit F). We will asi: for underlying road and uti1i sements over out1of A. The applicant was asked to , wide written confirmation that the access was non-exclusive (See E,:hlbit H). It would appear the newly created lot will have access rights over the 50 feet tract. The shared lot line has been realigned to provide adequate area and setback distance for the existing drainfield that serves the Grimes residence. Gaffron has approved a request for a 5U foot setbaci: from it drainageway for the drainfield on Parcel S. The drainage -way is classified as an "intermittent creek" carrying drainage only with heavy rainfalls and remains dry the maiority of the year. The dratnageway is will an important part of the local watershed. the City will ask that it be designated on the plat as a drainages Easement i l`, fleet minimum). t : Jill asb for i the customary conservation and flowage easement over the drainageway. The Planning Commission granted unanimous approval of the 2 lot plat application of JoAnn Grimes finding all standards of the Orono On -Site Septic Disposal Code and RR-iB Zoning District have been satisfied. Approval of this subdivision is subject to the following conditions: 1. Final plat must reflect the followings a) 33' wide easement along the south property line for a distance of 388.14' to be designated as outlot. b) Shared lot line must be realigned so that area of Parcel B consists of 2 acres of dry contiguous land exclusive of road outlot and drainageway that intersects on the east. 2. Underlying road and utilities easement over road outlot granted to City. 3. Conservation and flowage easement over drainageway granted to City. 4. Payment of Park Fee of 3200.4C for newly created lot. 5. City grants a setback variance of 25 feet for the drainfield that will ser,.e the new residence based on the following findings: a) Un-site septic manager finds the test information confirms the area will provide more than adequate soils for treatment of effluent. b) The creel: holds water only during heavy rainfalls and remains dry the majority of the year. 2 CITY OF jROffTY OF UKUNV SUBDIVISION APPLICATION FORM APPLICANT Name ,i. P_ 30 --,f,3 date rec'd b; m fec-r 'd �Aj .o0 � , j/3 10 Telephone/ y%,;?-4� Mailing // Address L/ �'D 4/ &m �Y (,C� 1"lD 1 n PROPERTY Name Ado Ir 6/'/ Telephone_ OWNERS Mailing C� Address � 171 %/.'r (Attach list of more than one) PROPERTY LOCATION Street Address 490 IU y %�/ �CJe� f� /7�,Q 11 n Legal Description s _yy�/o ff �, F LE `�y�x 30�iC� EXISTING LAND USE Number of Tax Parcels Development Size Present Use (check) Present Zoning Dist. Acres Dry Land O Acres Wet Land Acres Total, all parcels Residential; no. of units _L Other. (specify) PROPOSAL lot line rearrangement only (no new building sites) subdivision for new building sites niimhpr of h-iilrlinn citnc• / PXiStlnrl Ilnit'R ALC L 9 / date ec'd S g „�,.,,. , by j�� - fee r 'd 1 • uU CITY OF R RONO �• / ` 5�3'70 SUBDIVISION APPLICATION FORM APPLICANT Name P� Telephoner t,/,7,;? Mailing AddressZD /✓ PROPERTY Name / ! 61,1 %%iP Telephone OWNERS Mailing �p / Address �S�U ///! P� �.�ii1S _ ��lJd �UcCl1� / A✓) (Attach list of more than once) PROPERTY LOCATION Street Address 407R0 U Ar»-2 Ar �e.S �� /L/o a nd" 14. 17, Legal Description Lel 539 S/f (PID) - // % -,T 3.. 23 CEO EXISTING LAND USE Number of Tax Parcels _L Development Size Acres Dry Land °1 O Acres Wet Land Acres Total, all parcels .f7.2O Present Use (check) Residential; no. of units _L Other (specify) Present Zoning Dist. PROPOSAL lot line rearrangement only (no new building sites) _k,-' s,ibdivision for new building sites number of building sites: / existing units new units _ total units proposed gross density units per acres minimum lot size: square feet dry buildable land proposed use: (check) ,� residential other (specify) MINIMUM MATERIAL NECESSARY FOR COMPLETE APPLICATION (Mus*_ be submitted 10 days prior to Planning Com.ission meeting) 1. Application completed 5. Application fee per current fee schedule: 2. Preliminary Plat information on a certificate of survey sketch plan only $100.00 3. certified Property Owner's list of 2 lot prelim. plat 32$0.09b owners within 350' - from Hennepin Co. Dept. of Finance A-603 Govern- 3+ lot prelim, plat $240.00 ment Center (sketch plan included)+$20/lot 4. Stamped, legal sized envelopes (#10) Additional improvement pre -addressed to each of the names on review Zees per fee — the above '1st. gchedule5 •wa pVr APPLICAUTS SICNATUK: rA DATE 7 - L - p' j OWNER'S SIGNATURE _ Applicant hereby agrees to provide all informa ion required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fetes established by ordinance. CITY Of ORONO P.O. 80x 66 CRYSTAL BAY, MN 55323 TELEPHAYI N473.7358 ., GENERAL RECLIPT J .! 3 ( 0 n 08 Q RUN DATE 07/22/63 BATCH 004 38 06-117-23 23 0001 PROP ADOR 0:14ER NAttE JEAtp1E T ARMSTROt:G TAXPAYER JEA►NE T ARrSTROtw NAME/ADOR 235 N^RTM ARM LANE MOUND MN 55364 38 06-117-23 23 0004 F-POP AOOR 00130 NORTH S`+O?E DR W Q."Et NAME DARRELL G LATTA ETAL TAXPAYER DARRELL G LATTA ::'AME/ADDR 330 NORTH SHORE DR W MOUND MN 55364 38 06-117-23 23 0007 PROP ADDR 04700 NORTH ARM OR W "%4.ER NAME C#RL 0 OSENBAUCH ET AL TAXPAYER CARL 0 OSE►:SAUSH NAIIE/ADDR 4700 14ORTH ARM DR MOLM111 M;1 S5364 38 06-117-23 23 0010 PROP ADDR 047oO NORTH AFM OR W O«NER NAME J A SPRAY A L J SPRAY TAXPAYER 318408-2 NAME/AOOR JO`N A SPRAY 4760 t:CRT;+ ARM DR W Oa ONO MN 55364 PROP ADDR O:1NER NAME TAXPAYEP. TOTAL BATCH 004 00012 NAME/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY Ob94ERS LIST 38 76-117-23 23 0002 :4620 NORTH ARM DR W O A A M H WINTER 0014 A WINTER 4620 NO ARM DR WEST ORO::O t'.N 55364 33 46-117-23 23 0005 04640 NORTH ARM OR W L A S LORD LAWRENCE M LORD 4640 NO ARM DRIVE W MOUND MN 55364 38 06-117-23 23 0008 J A SPRAY A L J SPRAY 318408-2 JCHN A SPRAY 4760 ►,'ORTH ARM RD W CRONO K4 55364 38 06-117-23 23 0011 00350 NORTH SHOPE OR W CARL F KOEPP ETAL CARL F KOEPP 350 W NORTH SHORE OR MOUND MN 55364 news 0. 0m3pw PAU 7 38 06-117-23 23 0003 04720 NORTH ARM OR W BURTON W GRIMES ETAL JOANtJ GRIMES 4720 NORTH ARM DR W MOUtm MN 55364 38 C6-117-23 23 0006 04680 NORTH APM OR W K L A H A PETERSON KEE . A t ARRIET A PETERSON 46PO N ARM DRIVE W MrAit,M MN 55364 38 06-117-23 23 0009 04740 NORTH APM OR W J A J HEDBERG JOHN A A JANICE HEDBERG 4740 N APM OR W MOUND MN 55364 38 06-117-23 23 0012 04780 NORTH ARM OR W DORATHY FORCIER DOPOTHY FORCIER 4780 NORTH ARM OR W MJUNO MN 55364 RUN DATE O7/22/63 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM RETORT NO. PI435401 PROPERTY O14ERS LIST PAGE 8 BATCH 004 E 7 '* r, Is I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REFRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPWNT,,F PROPERTY TAXATI N. TO THE BEST OF MY KNOWLEDGE AND BELIEF� DATEY , 7 SL V89 37 07 E ••. CI) r ;I II(0L�I_ m 'I� U 17A 2 Q igm 0 c� so 290 I 5el NORTH ARM T Y00 i . SECOND s '►• ' �7 All.0 NORTH N ESTATES �100(z� ID ;NORTH . ARM RfA ,.•./t _ OR op 827 do 7A 'APO 23 Jti'../r ..7+ . h•1:A'....., �,. .i►'T.1.71••'.»,•e i:► ,.f 0,41 1 MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 19, 1983. PAGE 2 1775 CARL PARTEN 1. Dedication of 33' of right of way for Tonkawa Road. 2. City to acquire underlying road and utility easements over Outlot A and standard maintenance agreement. 3. Outlot A to be moved in northeast manner to extend the area in Lots 2 and 3 to meet the 1 acre requirement. 4. Designation and dedication of City sewer lines as 20' wide utility easements on' the plat. 5. Payment of park fee of $880 per current fee schedule. 6. The property has been assessed for two sewer units. Applicant will be charged for one additional sewer unit. 7. Flowage and Conservation easement over wetlands area. 8. Written approval of sewer service change from Gerald Parten stating he understands that only the developer Carl Parten can assume all financial responsibility for problems resulting from sewer line change and new connection to his property, prior to scheduling applicants before Council for preliminary approval. Sime seconded. Vote: Ayes (7), Nays (0). #778 JO ANN GRIMES 47 8 NORTH ARM DRIVE WEST PRELIMINARY SUBDIVISION PUBLIC HEARING 8:15-8:35 PM Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Jo Ann Grimes was present. Don Winter of 4620 North Arm Drive West was present for this application. Mabusth noted the reservations that staff had about the location of the existing septic system. Mabusth noted that either the lot lines would have to be moved or new drainfield lines installed within homestead lot. Mabusth noted that additional septic test '.dta would be needed for an alternate site on the h�,nestead lot. Callahan asked about this 50' x 40o' lot. MINUTES OF THE PLANN'.NG COMMISSION MEETING OF SFPTEMB:.R 19, 1983. PAGE 3 l \ 1778 O ANN GRIME.; Mabusth noted that this was a separate tract of land that served as a private driveway which serves 9 properties. Don Winter stated that by adding an additional residence to this road that the City should look into the this problem road. Winter noted that they really need a maintenance agreement. Winter stated that he doesn't own the road but that he maintains it. Winter noted that the grade is very steep and that in the winter the sharp corner is not easy to make. He noted for safety reasons the City should look into the access for the new lot. Mabusth suggested that the City have the City Engineer investigate the access question for the new lot and also have the Engineer give some options to the developer for this problem driveway. Goetten moved to approve the two -lot plat of Jo Ann Grimes finding all lot standards of the RR-lB zoning district have been met subject to the following conditions: 1. Applicant to provide additional information required of septic consultant prior to scheduling subdivision for Council approval. 2. Surveyor to review preliminary drawing to show the 33' wide easement designated as an outlot and lot line rearranged so that drainfield on three -acre lot is 10' from shared lot line. 3. City will ask for underlying road and utility easement over 33' wide outlot. 9. Provide City with copy of access easement documents referred to on survey dated April 18, 1983 as Document No. 910895 and Document No. 898587. 5. Payment of park fee of $200 for newly created lot. 6. Staff to review maintenance agreement between neighbors and the City. 7. City Engineer to look at the new road access situation. Adams seconded. 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Poe _lo N w Aral rl..a. old __ �1Ns.Saaaaa.aet 6iw Swwars. ��t�.�►�ehf .eeiwnle. _serf & SWIMawada /n s..w.w.A� pin sos A1a6 of YL,woMw _ . - , pvMee e/ w afef.i pni 4* gand raft ti 66 said P.M" of at a and POK Na "KAO "a it hvd 0 n sdpd. at 4-Or Omar, A►pia. &K and Cawatr en6 w -0 Preto N as --a Pwi a Mo 6waw6 -W wd . 6-06 a .m..., A& 004%4 w.ww. of mW pmedw .r w d Awpo aauto@ of w _t}e�v+o J d"wr. ou M. ew1 .- .► Wad of Lme C1 d 4tv od b"I i. m* of The Ime 4d. 86 hot a the North 1 8.9 Ilmo1N of the Swth M4.3 few of the �fo *k~ i of 11r p4wokr w 1 of $Wien 6, Tw mNp 117 Non#, bW 11 Woet d Mo MAh f4MNAI ANtidliw� iw.a arse. dwft 4066waas a,..w "M e.w aN v M a✓ar.w,/ Nw N A.. nwr..w. 16 M », Also On oeoeawont for wfoof Mkt In Clasen with othofe,ovrir god *a= *4 W40 90 foot of *4 791 loot of ON So *h 435.E feet of aw Iw."hwew i of the 114011raIM !. r,• Also on wtw wo ovw od ewa Ill SPA 33 hot of the Wow 30.14 IW of 0% Iwt M fool 0f tltie Nw1A 418.9 loot d the SwAh 9W.3 foot of the Southwest i of the p6wf6.ow # of Semen •, Tw■mw �'. 1111 Nwvth, `tp 73 Wow of the Fifth ►tMelPl Morlollon,, ono lest nor Aw w- aura.« ....a wro r... «rarer a.r. ..... sir...... �.w......ar/�. i Any dwellbtll over' td on tho Obwro lot dell tM of 00 vWw of W1,0110.00 or mw . �. $tate peon Tot We oft no is M M emu. r.MdrlaF ma an Mw Nr.dii Mma w SOPWOW Mnww6 �d or do w ONAI. a/preeMiwd, ow M..w pw*m N w Mond � wr awls% awmier of awd e++wtit- awd as hdwe a" a wdo w of as ww►W—. /anae►, as som PrAo y r ear W Wiw/ w. )A" en,aw6 a" No sr eswow6 r aawra"m /d w ads laew If.. t� lee N w hd aw. la f`wl�lllrw � Adwe. aawie od wiwlP,wn ilo_ s a m" dM as mid PMM N of am" Pvt. wa swiff", Ill. aw%ftw N ttm P-QW% a>e w w .d aswpa N w wrdwr, a" JlAw M- fwu ar.ai in fm of as Mar ad /tw.4ot brtmm old Marie &W .yY " sou awn am" w aaa,s to swomw a" flaw. oJ4r.d/...t Nr •s aaeofe ell fret room as iws mAmemm, ass++ r liewteurewr mew WA. ad .--- - _--- . -- . -- w am N ou -%"" amw ammmu f. so Yww ale•► w Mr "— h-fawr a w fwweel i.r ad raftim is w sail ow/ p mm pawwlw de r aid pr" N If» fat" pry w>r a as farri o. de mu pvaw. ewd 4 - • aeyrw y pe awls►. deIl w do . 6 .w.. AN .t is dr r rN - _ iw+i�Yt• Owf1.r� rs SW owe w im - y w ....r.l ad i anus" >AV sell pre in N A. }w Pre iy rei 'U fly a/ per Aef alwo wtO` ? �., -r - -- -- w • M. r .r r.wrs r tw w ram•. �.r.11iod 1�. s ob ..wld w /w+NN w.aw.r. w. r �M�ry lrM4. �i A' rL�•' �V. Cwrtk fir. R e� Y� s 1 c 2 COUNCIL MEETING Tot Walter R. Benson, City Administrator OCT 15 1984 City of Orono Council Members Frows Jeanne A. Mabusth, Zoning Administrator CITY OF ORONO Date& September 20, 1984 Subjects #806 Willow Proper�ies Inc., 21600 Wayzata Blvd., Preliminary Subdivision Zoniny District - RR -lb Area - 75 Acr Application - Subdivision - Plat -- � Lots-; 1 Outlot List of Exhibits: Exhihit A - Application Exhibit B Frei er sgord Letter Exhibit C - Property Owner Lisc Exhibit D - Library Access Location - Site Plan Exhitit F - Table - Fixture Unit Values For Preliminary Fixtures E::hibit F - Preliminary Pli is Mr. Gagne ha-& submitted the preliminary plat :,)f the Orono Plaza's 73 + acre parcel. The library lot is 2 acres as required. The, previr,us unapproved divisions are shown as Outlot 9 and Lot 1. The Ci t ,, wi 1 : asi. f o dedication of right-of-way for Old Crystal Bay Road, Willow Drive and U.S. Highway 12. There are no designated wetlands in Lot 1. The wetlands oci. ? tt.J throughout Lot Itand Out l of B will be designated in future plats. The road out.lot has been designated and aligns with the existing access to the Orono Middle School parking lot. The access road mast be constructed up to the library's private access drive located along the north property line o+ lot 1. The 70 + acre has been is . .si-d sewer units. Developers must determine how sewer Lon!** are to be divided between the three p&rcels. The library claims they will require only 1 sewer unit based on the follo+)ing formulas 1 SAC unit per 17 fixtures Sewer unit charges are based on the number SAC units charged. SAC units are determined by the numb&r of fixtures. :S B C M H D, 131, a) Review Exhibit E, table of fixture unit '41ues. It would be my recommendation that the library receive a«.orci-ycl of 2 unit Lhargr..s for future needs. 1 Planning Commission Recomendation To approve the three lot subdivision applications of Willow Properties finding all standards of the RR-1B x--ning district and platting code have been satisfied. The property has been assessed sewer units. Sewer is available for newly created Lot 1. ,e City approves a new connection to the Municipal Sewer Systeil, for Lot 1. Approval is subject to the followi-i conditions: 1. Dedication of right-of-way for U.S. Highway 12, Old Crystal Say Road and Willow Drive. 2. City to acquire underlying road and utility easuements over outlot A. 3. Payment of park fee for Lot I at $20t... 00. Park fees for lot 2 and Outlot B are not -iived but postponed for future development. 4. Plat road to '^e constructed per City specifications up to Library's private drive. ff 'Jetlands within Lot 2 and Outlot P to be designated in 4. .,rt. -31attings. There are no designated wetland-_ -+ithin Lot 1. 6. Applicant to determine how 3 sewer units are to be divided or credited to 3 newly created parcels. Tke Lity will. c►arge 2 sewer units against library use for Lot I. Based on disposition of assessed units for property, the City will have to aprove additional sewer units --nw available to City from Orono/Medina Sewer Project (Approxi- mately ilv units). ry CITY OF CRONO # 8 0 SUBDIVISION APPLICATION FORM i i 1 ate rec' d y Y 4 e e 'rec ' d &Sp_ N O / +/ q �i APPLICANT Name _ W I quo w Q(LoUli_(Q pp{iru �h one 413! 63o Z Mai1 n g 1415 �, wC.j -C. Tt, 13 L.vo. Address 0 M, rj!j SS 39 1 PROPERTY Name W L. Telephone 4.'] 3 6 3 02, OWNERS Mailing --► Address 4- 1B L%4 0 a'( z.nTIO� , Min ,n ; 9 ) (Attach list— of more than one) PROPERTY LOCATION Street Address 1AAlAq ,) Legal Description 5t:t .C440 t-X kin A. (PID) EXISTING LAND USE Number of Tax Parc._ls _ Development Size Present. Use (check) Acres Dry Land Acres wet Land Acres Total, all parcels Residential; no. of units Other (specify) A6RtGVl.- Present Zoning Dist. O PROPOSAL lot line rearrangement only (no new building sites) subdivision for new building sites number of building sites: �_ existing units new units U -�uW� DEC, 2 9 W CITY OF ORONO SUBDIVISION APPLICATION FORM CITY OF OR QI,,1-.. JT ate rec'd 11r_�1-ij y 4 h`- ee rec'c�_�o *- 141 03 APPLICANT Name 1,1J)t,u0w V"2tEXlf;S (A ?Ajvywrp�7elWhone Mailing 141S e, wp�'zn.� a trvo, Address t.,ey'sA-VA An, n SS 39 1 PROPERTY Name W, 1). �p(ANE- erAL_ Telephone 4"13 (p302 OWNERS Mailing Address 1 4 t5 C-. wnYzAjV6 QLVO w67-7.e1-4, Mtn,n , SS 3 9l (Attach list of more than one) PROPERTY LOCATION Street Address 61yd_____ Legal Description 5 /4 (PID) EXISTING LAND USE Number of Tax Parcels Development Size 120 Acres Dry Land 0 Acres Wet Land 2.0 Acres Total, all parcels Present Use (check) Residential; no. of units _ Other (specify) A& TLjc.V I,rj" Present Zoning Dist. M510 uribt—S. PROPOSAL lot line rearrangement only (no new building sites) subdivision for new building sites number of building sites: �� existing units new units total units proposed gross density _� units per 7. acres minimum lot size: 41M square feet dry buildable land proposed use: (check) residential _i other (specify) -L' V,1�411:11 MINIMUM MATERIAL NECESSARY FOR COMPLETE APPLICATION tMust be submitted 10 days prior to Planning Commission meeting) 1. Application ompleted 5. Application fee per current fee schedule: — Prelimina- !at information on sketch plan only $100.00 a certific a of survey 3. Certified Property Owner's list of _ 2 lot prelim. plat $250.00 owners within 350' - from Hennepin Co. Dept. of Finance A-603 Govern- 3+ lot prelim. plat $240.00 ment Center (sketch pl.n included)+$20/lot 4. Stamped, legal mixed envelopes (010) Additional improvement pre -addressed to each of the n-imee on review fees per fee the aoove list. schedules DAT1� APPLICANTS SIGNATURE DATE OWNERS SIGNATURE Applicant hereby agrees to provide all information required or requested by the toning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. 0 REIERSGORD LAW FIRM 423 CITIZENS STATE BANK BUILDING 5050 EXCELSIOR BOULEVARD MINNEAPOLIS, MINNESOTA 55416 612 / 922.71 14 January 11, 1984 T'HOMAS E, REIERSGORD ALBERT B. YNGVE CAMILLA RETERSGORD OF COUNSEL City of Orono P. O. Box 66 Crystal Bay, Minnesota 55323 ATTN: Ms. Jean Masbusth Dear Ms. Masbusth: I have been asked by W. D. Gagne to request a division of properties located on the north side of Highway 12 between Willow Drive and Old Crystal Bay Road in Orono. The division will be made between an approximate 20 acre piece on the west, owned by Willow Properties, a partnership; and approximately 56 acres on the east, owned by Orono Plaza, a partnership. I am an attorney representing Orono Plaza and I request this division. The Orono Plaza property is described as follows: That part of the North one-half of the Northeast one -quarter, lying East of the West 721 feet thereof, of Section 33, Township 118 North, Range 23, West of the 5th Principal Meridian, consisting of 5E.09 acres, more or less, free of easements for roads, Hennepin County, Minnesota. If you need any further information or help from me, please contact me. Very truly yours, REIERSGORD LAW FIRM / Albert B. Yn ev / ABY:sae RUN DATE 12/27/83 BATCH 001 38 34-118-23 22 9010 PROP AOOR 00765 DICKEY LAKE OR CWNER NAME THE LYMAN CORPORATION TAXPAYER THE LYMAN CORP NAME/ACOR 40S WILLOW OR S w LCtIG LAKE MIN 55356 • 72 34-118-23 23 0001 PPOP ADCR O�:;ER NAME GEORGAYN C KRAMER TAXPAYER GEORGAYN C KRAMER . NVtE/:.DOR 1488 COPEL010 ROAD MAPLE PLAIN MN 55359 72 34-118-23 23 0005 PPOP ADDR 00550 WILLOW OR Ot.241ER NAME STEPHEN G KASTER TAXPAYER STEPHEN G KASTER NAME,AOOR 2675 FOX ST WAYZATA 1N 55391 Ll L HE►NEPIN COUNTY MOPERTY INFORMATION SYSTEM PROPCI rY 01QJER9 LIST 38 34-118-23 22 0013 THE LYMAN CORPORATION THE LYMAN CORP 405 W1L101.4 OR S LOIJG I ACE Mt 55356 34-118-23 23 0002 LONG LAVE F1:5111E RECUILOEPS L01w LAKE EIt-.I1JE REEUILDCPS HIGIiW1Y 12 lot:; LACE MINN 55356 TOTAL BATCH 001 00025 PEPORT t10. PI-435401 PAGE 2 72 33-118-23 14 0008 BYRDIE C ROES MRS C S ROOD X STANLEY M FROST 521 WILLOW OR ►J LOtiG LAKE MtJ 55356 72 34-113-23 23 0003 02345 WAr2ATA 6L%D W LO:IG LAKE E1-3 RFEUIL0ER5 L0t1G LAKE EI:SII:E P13LO HIGHSJAY 1-' 10: G LAVE MI131 55350 I CERTIFY THAT TILE FACTS REPRESENTED ARE A14 ACCURATE At:O TRITE REPRESENTA7I011 OF INFORMATION AS IT APPEARS THIS DATE ON THE RFCC^OS OF THE IiEtd:EPIN CCJRJTY DEPARTMENT OF PEOPEPTY TAXATIOLt,,•TO THE LEST OF MY KNOWLEDGE A►JO BELIEF. ff ? 7 / OATJ5'�✓/f gY 1 �f (� P'� l !l OF29W CITY OF ORON-- PLT1 DATE 12/27/t3 PATCH C01 36 27-118-23 33 0009 . PROP ODOR 00760 DICIEY LAKE DR 0l91EP NA'IE IIIE LIMAII CCITIFCPATICN TA,'PAYER THE LINAN CORP NAtIE/ADOR 405 WILLOW DR S • LCI1G LAKE M1 55356 . 38 29-11"-23 43 DOo2 f•i Jt' !r!�F C0:50 CLO CRISTAL CAY PD N "tR NOr.E ALCI11 F THIE:, ET AL TP•f'AIER ALEIIT F TIIIES • t -'fl, ADOR 14.2 HO!IESIC"U TPAIL LCUS LAVE IJI 55356 L� 38 31-110 23 11 ^.001 rr-,P ACC? C:':IR NAIIE PCGIR A FAZENDIN 3 WIFE . TAKi AILP CI-L::1 PLAZA tl,%'!E, ADUR o2SO WAYZATA rl',D MFL, Mi 554I6 n L� 38 33-110-23 13 0009 rvor , CDR r.:':TR fit•'E WA;11 SCIENTIFIC 1110UST I14C rn,rAl[R Wr,fnI►:GTON SCIENTIFIC IND II'nL.'ADOR HIIJ 12 LC'IG LAME MN 55356 38 33-1i8-23 21 0001 • PPOP PDDR 007(,5 OLD CRISTAL CAI RD N O'; IER NAME SCHI = DIST NU 11 TAxPAICR SCHOOL DIST NO 11 UAT tE /ADO R 38 33-118-23 2.4 0002 m7P "VCR 0":'R tit-E CI"D:E C PCEB T'-t'AIEP CIPU!F C C!`ED t1kr AC14 2•01 INTEFLACHTN RD 1205 SIVING PARK t'tl S5334 L' HEIINEPIU COWTY PROPERTY I►IFORMA'TION SYSTEM PROPERTY OtatERS LIST j8 27-118-23 33 DOT* 00770 DICKEY LAKE OR 111E LYMAN CCRPORATION THE LYMAN CORP 405 WILLm: DR S L011G LAKi: Ml 55356 38 28-118-^3 43 0003 )0770 OLD CRISTAL BAY RD N NEW LIFE BIDIE CHUP CH ET AL NEW LIFE BIBLE CHL"tCH 770 OLD CRISTAL DAY RD N LONG LAKE MI 55356 38 33-118-23 13 0001 02605 WnIZ/.TA BLVD WASH SCIElJlIFIC INV WASilIttGTC1J SCIENTIFIC INC C.'0 B E K INNEY LONG LAKE MI 55356 38 33-118-23 13 0011 02765 WAYZATA BLVD VEDA INC ETAL VEDA INC eox lls LONG LAME Ml 55356 38 33-118.23 21 0002 00685 OLD CRYSTAL BAY RD N SCHOOL DIST tl0 11 SCHOOL DIST NO it 38 34-118-23 22 0005 00701 OICKEY LAVE OR THE LYMAII CORFICRATION THE LYhtN CORP 405 WILLOW CR S LONG LAKE MN 55356 r� REPORT NO. P1435401 PAGE 1 38 28-118-23 34 0001 F,:HOOL DIST NO 278 SCHOOL GIST NO 278 38 28-118-23 44 0001 . OROtl0 CEUTER PROPERTIES ORCIO CENTER PROPERTIES 6250 WAYZATA BLVD , MPLS MI 55416 38 33-118-23 13 0002 02687 WAYZATA BLVD VEDA INC VEDA INC P 0 BOX 115 LOUD LAKE MN 55356 38 33-118-23 13 0014 02705 WAYZATA BLVD VEDA INC . VEDA INC BOX 115 LONG LAKE MN 55356 L_ 38 33-118-23 24 0001 00595 OLD CRYSTAL BAY RD N . RCCERT N WAGNER ETAL ROTILRT WAGNER RT 41 BOX 30S LOUG LAKE MN 55356 . 18 34-118-23 22 0009 00755 DICKEY LAKE OR EDWARD N DAY70H EDWARD DAY70H BOX 196 VICTORIA MN SS306 D nil InFC 2 919�i CITY Of ORGfdG commLily LIBRARY 1 MOD 131 3TAr[ BOARD OF HEAL'M T,111LE 131 (a) (1) FIXTURE UNIT VALUES FOR VARIOUS PLUMBING FIXTURES Type of Fixture Clothes Washer (Domestic Use) ............. Clothes Washer (Public Use in Groups of 3 or more) ................................ Beth tub with or without shower............ Bidet... ..... Dental unit or cuspidor ..................... Drinking Fountain.. Dishwasher, Dmocetic. Dishwasher, Commercial. . Floor Drain with 2 inch waste.. . . Floor drain with 3 inch waste.... . . Floor Drain with 4 inch waste...... Lavatory. ........ Laundry Tray (l or 2 Compartment)......... Shower Stall, umestic....... Shower (Gang, ,,er head......... • . • • • ..... . SINKSe Combination, Sink and 'fray (with disposal unit)......... ................... Combination, Sink and 'fray (with one trap),, Domestic.. Domestic, with disposal unit.. . . . . . . . Surgeons .............. .............. Laboratory. .................... Flushrim or Bedpan washer., .. ........ Service Pot or Scullery ..... Soda Fountain. ....................... Commercial, flat Rim, Bar or Counter. . ....... Wash, Circular or Multi le (per set of faucets) . URINAL Pedestal, Wall flung, with 3 inch trap (Biowuut and Syphon Jet)..... Wall Hung with 2 inch trap........ Wall Hung with 1i4 inch trap...... Trough (per 6 foot section). Stall ........... ..... WATER C1.( !-t:'[ . . Unlisted Fix Iu,c or Trap Size IX inch........... . 134 inch ............ ........... 2 inch .......... ............ 2ti inch ........................ 3 inch .................. ..... 4 inch ........................ Fixture Unit %'nine 6 each 2 2 1 1 2 4 2 3 4 1 2 2 1 3 2 2 2 3 1 6 3 4 2 3 2 6 3 2 2 3 6 Minimum Fixture Trup and drain size 1'i 134 1'•S IX 1H 1H 2 2 3 4 i 1H5 1 is 1� bS 1H 1fS 1 iS 1 l5 3 2 2 1'•S 1 �4 11.5 3 2 134 134 2 3 PLEASE REVIEW APPLICATION 0868 PRIOR TO THI COUNCIL MEETING TO: Council (n�(r FROM: Michael P. Gaff ron, Assistant Zoning Administrat4T 15 1984 DATE: August 15, 1984 CITY OF ORONO SUBJECT: i846 Leekley's Inc., 2500 Sixth Avenue North Conditional Use Permit Zoning District - RR-lB Area = 3.4 acres approximate of dry land Application - Per Section 10.03 Subdivision 19, 20 and 21 and Section 10.55 Subdivision 8 - Land use application required for excavation of wildlife pond - Conditional Use Permit required because excavation involves more than 100 cubic yards of material ( estimated at 835 cubic yards) . List of Exhibits (see Exhibits on Application 1868) Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Location of Ponds - site plan Exhibit E - Engineer's letter Exhibit F - Hennepin County District Report Exhibit G - Planning Commission Minutes 9-17-84 This application for a wildlife pond does not .involve the alteration of a designated wetland nor is the building site jeopardized by an encroaching ponding area. The Conservation District advises of the limitations of the site in providing an adequate habitat for wildlife. The proximity of the Morningside ('evelopment and the lack of vegetative cover is not conducive fo wildlife nesting and brooding. The pond is proposed to have an overflow elevation, of approximately 1031.0 (or 99.0 on revised proposal) with a-uximum depth of 5' . The pond's design will 5e essentially the sarre as the pond at 2450 Sixth Avenue North with 4:1 sideslopes on the uppermost portion of the pond. A natural overflow grassed skale exists as an outlet to this pond, located west of the existing house and running from the pond to the ditch along Sixht Avenue North. This overflow will not affect the septic systems on either property nor will it create problems for surrounding properties. The pond will receive overflow waters from the pond at 2450 Sixth via a drain tile. P.t their September 17, 1984 meeting, Planning Commission recommended approval of the conditional use permit to excavate a decorative/wildlife pond based on the following findings: 1. The excavation for the pond will have no detrimental effect on the surrounding property. #846 Leekley Page 2 2. The improvement wii: enhance the aesthetic value of the property. 3. The area of the excavation is not located near or within a drainageway nor will it impede natural drainage in the area. Approval is subject to the followin(7 conditions: 1. Apply for a Minnehaha Creek Watershed District (MCWD) permit. 2. Construction of pond must follow guidelines setforth in the recommendation of the Hennepin Conservation District. a) 4:1 slopes at uppermost portion of pond. b) pond depth not to ex,7eed depth of 5 feet c) maximum surface area of pond not to exceed 8,000 sf. 3. Applicant to pay for a separate conditional, use permit application foi Lit 3. The applicant has a,,plied for the MWCD permit and has filed this application separately from that for the pond at 2450 Sixth Avenue North. A resolution is attached. !vT CITY OF ORONO, MINNESOTA Land Use Application LOCATION OF PROPOSAL (o. property) i Address 2500 6th Avenue North, Orono Legal Description See Survey APPLICANT Name j,c.t.kley1S, Inc- Tel # 473_399� Mailing Address 860 E. Lake St.. Wayzata, MN 55391 OWNER Name Leekley's, Inc. Tel 4473-3992I Mi."1"g B60 E. Lake St. , Wayzata, MCI 55391 I Address Present Zoning R-1 Present Use. CONDITIONAL USE APPLICATI011 — :50.00 a) Res. Acc. Use $100.00 b) Institutional (Church, Sch. etc.) X $100.0fdi;-a-d Al tgrading, (� ling) i a $150.00 e) Com/Ina. Us. PRD/PID - See fee schedule Variance $100.00 Zoning Ordinance Section Relating to Request Land Alteration Specify Ordinance Req irements Conditional Use Permit for Land Alteration Explain your request and reasons for same — DredgP a natural wilri lifer _ rvation of wild life VARIANCE required - extent of nonconformity Lot Are,, Setback Front_ Side _ Width Other, explain none rp, 777 Specify hardships to property Y %U SUBDIVISION application Residential Other, explain none No. of Lots CONDITIONAL USE AND OTHER - explain proposed use of property in detail I form a natural wild life Uond MINIMUM MATERIAL NECESSARY FOR COMPLETE APPLICATII (Must be submitted 10 days prior to Planning Commission mE ) Application completed dW., Certified Property owner's list of Plat map section owners within (300') (150')- from Certificate of survey of property Hennepin Co. Dept. of Finance 271 sketch location and setbacks of A-603 G ment Center -46- roposal 3 4,tc; Stamped, l sized envelopes(#10; Construction plans, if applicable pre-addres j to each of the names on the above list. Applicant's Signature e-k4-,,.A DATE�i�4,� 9 �f Owner � s Signature'��� — Applreby agrees to provide all information required or reque�lted by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary t,) process thib application and further agrees to pay all tees as established by ordinance. City,- of ORONO Ri -SOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE. PERMIT TO MUNICIPAL ZONING CODE SECTIONS 10.03 SUBDIVISIONS 19, 20, AND 21 - FILE #13A, WHEREAS, Leekley's Inc. (hereafter "the applicant" ) is owner of the property located t 2500 Sixth Avenue North within the City of Orono (hereinafter "City") and legally described as follows: Lot 3, Block 1, Willow :tun (hereafter "property"), and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19, 20 and 21 to permit excavation of a decorative wi ldlife pond in in amount of material to be excavated estimated at 835 cubic yards. NOW, THEREFORE BE IT RESOLVED by the City Counci 1 of )rono, Minnesota: FINDINGS 1. This application was reviewed as zoning file #846. 2. The property is located in the RR -IL Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 17, 1984, and recommended approval of the proposed conditionai use permit as amended based upon following findings: a) The excavation for the pond will have no detrimental effect on the surrounding property. b) The improvement will enhance the aesthetic value of the property. c) The --tion will not impede the natural drainage f the 4. The area to be excavated is not a desinnat end wet la - and is outside the Flood P?ain and Wetlands �'onservation area. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ .. 5. The City Council finds that granting a conditional use permit to the applicant f.- r the construction of the wildlife pond would not be detrimental to the health, safety or general welfare of the public, would not adversely affect tight, 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 :hich the excavation is to be carried out to be in keeping intent and objectives of the Zoning Code and nsivr Plan of the City. COIRCLUSIONS, ORDER AND CONDITIONS Based upon the above fineings, the Orono City Council herk•by grants a conditional use permit per Municipal Zoning Code SEction 10.03 Subdivisions 19, 20, and 21 to Leekley's Inc. to allow excavation of a wildlife pond, subject to the following •nditic-,ns: 1. The construction of the pond must follow the guidelines setforth in the recnmmendation of the Hennepin County Conservation District: a) 4:1 slopes at uppermost portion of pond. b) pond depth not to exceed 5 feet. c) maximum surface area not to exceed 8,000 sf 2. The po. ,ust c,�nform tc pertinent standards set by the Minnehaha CLeek Watershed D.strict. 3. The grassed swale outlt:t area must be maintained to provide assimilative capacity and may not be covered with impe:meab_-> surface :materials. 4. Violation of or non-compliance with .any of the terror, and conditions of • rr :.olution shall constitute a violation o' the Zoni .)de, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. City Of OR,ONO RESOLUTION OF THE CITY COUNCIL NO. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council on this 15th day �:,f October, 1984. ATTEST: Dorothy M. Hallii., City Clerk Mary C. Butler, Mayor (1) Property Owner (2) Property Owner (3) Property Owner STATE OF MINNESOTA ) )SS. COUNTY OF IiENNEPIN ) On this __ day of _ 1984, before me a Notary Public within and o�sa d County, personally appeared known, to me to 6e tFie�person(s)—described in and who executed the foregoing instrument, and acknowledged that he (they) executed the sane as his (their) free act and deed. NOTARY PU©LIC _ MY COMMISSION EXPIRES COUNCIL MEETING To: Council Members G�(++TT 15 1984 From: Michael P. Gaffron, Assistant Zoning Administrator Date: October 12, 1984 CITY OF ORONO Subject: N868 Leekley's Inc., 2450 Sixth Avenue North - Conditional Use Permit Zoning District - RR-1B Area - 3.6 Acres Approximate Total 0.6 Acres Wet Application - Fer Section 10.0 N, Subdivision 19, 21 1 and :'14 Section 10.55, Subdivision 8 - Land Use Application Required For Excavation of Wildlife Pond. Conditional Use Permit + Variance required for 2450 Sixth Avenue North. List of Exhibits: Exhibit A - Application Exhibit 8 - Property Owners List Exhibit C - Plat Map Exhibit D - Location of Ponds - Site Plan Exhibit E - Survey Showing Boundary of Conservation Easement Exhibit F Engineer's Letter Exhibit G - Hennepin County District Report Exhibit H - Planning Commission Minutes 9/17/84 Exhibit I - Revised Proposal The applicant proposes excavating approximately 8, 0'=Mi- s. f . of a designated wetland of approximately .6 acres. The City has a Conservation and flowage easement over the wetlands area designated at the 103-2 elevation. It would appear after our rainy summer that the 1413.= elevation did not adequcitel y define the retention area. The house is now 15 feet from the newly defined perimeter of the wetland instead of 26' + as approved. The wetland is a grassed area that contains water only at wet times. of they year and based on the soils make up has moderate to slow permeability. The outlet of the wetlands is at the culvert in the southwest corner of the lot. Such a wetlands has high assimilative capacity. The City Fngineer's report suggPsts a need to modi4y our current ordinance on wetlands. During the review of the Faster application early this summer, the Council considered the many conflicts in the reports presented by the various reviewing agencies and the traditional position of the city regarding the alteration of designated wetlands. Council decided there was no need to change the ordinance but merely to set up criteria for such reviews and that if specific findings coulcbe made. the alteration of they wetland would be considered. 1 Review Criteria: 1. Disposal of soils: Soils excavated from wetland could not be used to grade and fill banl:s of pond but had to be placed a minimum of 50 feet away froom pond/wetland basin and hay bales stal ed around thc- spoils area. 2. -Time of year alteration is performed: Suction dredging remains the best method but not always feasible. Early winter is thF best time to dredge wetlands. In this application given the type of Soils atel a up, earl y winter may be a must. 3. Location of dredged area within wetlands: Vegetation must not be disturbed between pond and outlet from wetland. Vegetation must remain to catch or filter sediment and slow down rate of flow. 4. Replacement Factor: If the reviewing staff con+ir-nrs reduction in assimilative rapacity of wetland created by alteration then a matching area must be set aside to replace assimilative capacity. The extension of the protected wetland area south to the culvert providing additional grassy, permeable surface will provide replacement but ade- quacy of that replacement should be confirmed by hydraulic information. At the September 17, 1984 Planning Commission meeting, applicant revised his plan to include a the or culvert which would cause overflow of the wetland to flow westwardly to lot _ and then flow overland naturally through a pond and swale system on that lot. The invert of the culvert would be placed to c.11ow overflow at approximately the 1032 elevation. Planning Commission in a majority vote recommended approval of the variance and conditional use permit for dredging of the pond, with a drainage tile or culvert to the pond to the west (Application #846), based on the following findings: 1. The e>;cavation for the pond will have no detrimental effect on the surrounding property. 2. The improvement will enhance the aesthetic value of the property. '. This excavation will not impede the natural drainage of the area. Approval is subject to the following: 1. Apply for a MCWD permit. 2. Construction of a pond must follow guidelines setforth in t'ne recommendations of Hennepin Conservation District as follows: a) 4:1 slopes at the uppermost portion o+ the pond. b) The bond depth not to exceed 5'. c) Maximum surface area of the pond not to exceed s.f. 3. Approval subject to City Engineer review. 4. Provide City with amended conservation easement over wetlands. the City Engineer has reviewed the location and size of the proposed drainage tile and notes no problem with the location or size as long as the applicant feels comfortable with it - he recommends the applicant have a watershed drainage study done if there its doubt in the applicant's mind. Based on the revised plan, staff recommends that no changes be made i-i the location or description of the existing conservation easement over this designated wetland. AS of this writing, we have not received a written report from the MCWD on this proposal, although the applicant indicated he has contacted them and an application is in progress. A resolution is attacheda note the additional recommended findings regarding the relation of this wetlands to its surroundings. CITY OF ORONO VARIANCE APPLICATION Application Fee $100.00 After -the -Fact Fee $200.00 ------------------------------------------------------------------------- PROPERTY LOCATION Site Address dq!50 6'9�- qVe— �pi�1� Qr000 Property Identification Number (P.I.D./) Please check one -- Is the property v abstract or torrens? Please attach legal description to application if not included on required survey. -------------------------------------------------------------------------- APPLICANT 1 Name (j ._. cek !�y s Mailing Address T coE Phone 4 7 3- 3 9 9 D `'� W o�viZo►�o.. 553 R I t Name �., f �/�_ ✓t L Phone `i-7 -3 3 t 9 Mailing Address Date Property Acquired S c} (month/year) I 6 (do not) also own the adjacent parcels of land. ------------------------------------------------------------------------- PRESENT USE OF PROPERTY SEP 17 I Present Zoning District I r,� Present Use of Property Residenti'ari -' Other (specify) -------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: Cris' : ,l�W*4kAa &;AJ —FlL.'F --------------------------------------------------------'------------------ VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances ( Front Side Rear) Other (over) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: -------------------------------------------------------------------------- D?SCRIPTiON OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: REQUIRED SUBMITTALS Completed Application Form. 2. Certif ied Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) Stamped, legal sized envelopes (M10 ) pre -addressed to each of the names on the above list with no return address. Certificate of survey. 5. Plat Map. -------------------------------------------------------------------------- .^e Applicant and Property Owner must sign this application. Please remember tnat ycur variance application is not complete if the above information has not been included. ---------------------------------------- --------------------------------- APPLICA►.T'S SIGNATURE The applicant hereby agrees to provide all information required or requested by t':e Zoning Administrator, agrees to pay all fees and/or Lnusual expenses incurred In review of this appiication, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature OWNERS SIGNATURE Date e.e 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. Cn.ner's signi�tare Date --------------------------------------------------------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meet ingbare held on the third N.onday of each month. RUN DATE 01/19/84 BATCH 003 38 28-118-23 41 0002 PROP AOOR 01125 WILLOW OR N OWNER NAME K t R HAWKINSON TAXPAYER KEVIN B i RAMO,NA F HAWKINS04 NAME/ACDR 1125 WILLOW DRIVE N LONG LAKE MN 55356 38 26-118-23 41 0005 PROP AOOR MINER NAME T t C CARROLL TAXPAYER THOMAS P CA?ROLL NAME/AOOP 2600 6TH AVE N LONG LAKE " 55356 38 28-118-23 44 0001 PROP AOCit 06WER N4ME ORONO CENTER PROPERTIES TAXPAYER ORONO CENTER PROPERTIES NAME/ADDR 62SO WAYZATA BLVO MPL S MI 55416 PROP „00R OWNER NAME TAXPAYER TOTAL BATCH 003 00009 NAME;-ACDR 124W c- OF OP" HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 28-118-23 41 0003 LEEKLEYS INC LEEKLEYS I!:: 860 E LAKE ST WAYZATA K4 55391 39 28-116-23 42 0003 02600 SIXTH AVE N T P CARROLL i C A CARROLL THOMAS P CARROLL 2600 6TH AVE N LONG LAKE MN SS356 80 28-118-23 14 0001 THOMAS WEISER ETAL FRED KELLER 1255 N WILLOW DR LOf:G 10.E MN 55356 REPORT NO. PI435401 PAGE 4 33 28-118-23 41 0004 LEEKLEYS INC LEEKLEYS INC 860 E LAKE ST WAYZATA MH 55391 38 28-118-23 43 0002 00950 OLD CRYSTAL CAY RD N ALBIN F THIES ET AL ALBIN F THIE3 1442 HOMESTEAD TRAIL LONG LANE rN 55356 80 28-118-23 14 0002 01255 WILLOW DR FREDRICK J KELLER JR ETAL FREDERICK KELLER PT 2 LONG LAKE MN 55356 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE I iO i N Yf • a Let tL _ Mi• u t 1. 03 274 274 432. 92 � RE5 a v ~ O t `D 3 (5) (2) o 271.77 �7 2l. ; 271.71 _ - - - __2 2 R. , xrT _ _ 3 �l� _ S;�` , �•d .1 4Z 3 1 0 ,f' e'e.l a Rk.. 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P-a,, M_.-& 33113 PA*- 612- 636-y600 August 6, 1984 City of Orono Bax 66 Crystal Bay, MN 55323 Attn. Ms. Jeanne Mabusth Re: File No. 139-846 Leekly's Dear Jeanne, Glens R fool. P.L. Ar,rh A Gadr■.. PL ,AM.nwr I Nnrr.. P R,drr, N Ruvn. /' 1 R. he'd N /Dare. P.L J—PA f An,kml. P/ Ruhr„ O S.le.s. he. P L s.wf 1 4 to-t-1 PI Ate,— / sw.dl. P k N h.-d 1. lr.nr. 1' 1 Aoftem ( &'jes, d, P / fN.nn. PI Jove, A A —don, 1' 1 Afu/ A /lanxm. PI 7,d A I, kl. /'t Alnh.rl , Re,'~..' P! 9-1w,l R Per/Jev. P! D d I -A wee, P /. (ho'k A f ro A/ N-0A, Ifrrlrn Af (Noon The proposed alteration of the wetland on the Leekly property (Lot 2) could not be completed based on our current policy on wetlands. The creation of an open body of water as shown will not effect the ponding ca- pacity of the system but may affect the assimilation of nutrients from the drainage area. If the application is to be considered, we would recommend that a marsh buffer be retained between the open water area and the culvert outlet as a minimum. Additional information should also be provided on the drainage area which drains into the pond and details on the pored shape and construction operations. We would recommend that the City Council and planning commission be approached to determine if there is a desire to modify our current ordinance on wetland prior to proceeding with a draft change at this time. If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK 6 ASSOCIATES, INC. i ! < - U-k I � ( e4tI-st- Glenn R. Cook e... GRC:Ii :.`57c FEASIBILITY OF POND EXCAVATION FOR LEEKLEY'S INC. 860 East Lake Street Wayzata, Minn. 55391 Prepared by HE14NEPIN CONSERVATION DISTRICT 12450 Wayzata Blvd., Suite 205 Minnetonka, Minn. 55343 August, 1984 GENERAL T,eekley's Inc., of Wayzata is currently constructing two single family residences along C.S.A.H. 6 in Orono. The property is described as Lots 2 and 3, Block 1, Willow Run Addition. This development is located in the southeast quarter of Section 28, Town- ship 118 North, Range West. Leekley's has requested the City of Orono to authorize the construction of a shallow excavated pond on each of the two subject lots. since the City of Orono has not officially adopted any guide- lines or regulations pertaining to the construction of ponds, Leek- ley's was referred to the Hennepin Conservation District to conduct an analysis and provide reconunendations for the requested ponds. The following presents those findings and recommendatio,,s made by; the District. FINDINGS A site inspection conducted on Monday, July 30, 1984 revealed the lot size for Lots 2 and 3 to be approximately 3.65 acres each (see Figures lA and 1B). The lots utilize a single access driveway from C.S.A.H. 6 along their common property line (see Figure 2). Both lots are generally open, with grass cover consisting primarily of bromegrass, reed canary grass, and bluegrass. Accurding to the soil survey of Hennepin County, the lower elevations of the two subject lots contain Glencoe silty clay loam soils while the higher eleva- tions consist of Le Sueeur loamy soils. Glencoe soils have high avail- able moisture capacity, very slow internal drainage, and moderate to moderately slow permeability. The water table is near the surface during wet seasons. Le Sueur soils have high available moisture capacity. They have moderate permeability and medium internal drain- age. The water table is at a depth of 3 to 5 feet during wet seasons. The mc.st recent inventory of DNR protected wafers and wetlands for Hennepin County, released in July 1984, indicates this area is not within any protected water or wetland areas (see Figure 3), this, DNR authoriaztion to excavate o- fill this site is not required. On Wednesday, August 1, 1984, soil borings were taken in the vicinity of the proposed pond locations as shown in Figure 2. These borings confirmed the existence of Glencoe soils in the low areas of both Lots 2 and 3. The water table was determined to be approximately at elevation 1030.5. This elevation is about 1.5 feet below the existing grade in -pie vicinity of the proposed pond on Iot 2, and 2.5 feet below the existing grade in the vicinity of the pro- posed pond on Lut 3. RECOMMENDATIONS It has be-:, proposed that one pond be excavated on each lot (see the pond location plan Figure 2). The ponds will enhance the aesthetic value of the property; however the benefits for wildlife habitat is somewhat limited. Among the reasons for this is the close proximity of the ponds tc, the single family dwellings as well as the absence of proper vegetative cover for wildlife nesting and brooding areas surrounding the ponds. The ponds themselves should not exceed 8000 square feet in area at the top. A meandering shaped pond of approximately 50 to 60 feet wide and 1,,0 to 120 feet in length is recoamen(?ed. The min- imum excavated depth should be approximately 3-1/2 feet and the max- imum excavated depth should not exceed 5 feet. Ar-uming an average excavated area of 5000 square feet and an average depth of 4.5 feet amounts to Nearly 835 cubic yards per pond. If the excavated soil is not utilized as fill material elsewhere, it should be leveled adjacent to the pond to a maximum depth of 2 feet. As discussed earlier, the excavated soil consists of silty clay. The characteristics of this soil is that it is very sticky and soft when wet, hard and difficult to mold when dry. It is a most difficult soil to handle by mechanical means, especially hand tools and small scale equipment. Due to the wet soil conditions and the large amount to be excavi it is suggested that the ponds be dug out with either a draglin 2 to 3 yard backhoe on tracks. Generally, ponds are constructed to provide water for live- stock, fish and wildlife, recreation, fire control, or aesthetic related uses. The unfortunate feature of a pond is that it is a body of water in which drowning can occur. Drownings are the outstanding non -motor -vehicle cause of accidential deaths among people in active age groups, especially children. Some Safety Recommendations Are: 1. Post warning signs near each pond. These signs should be adjacent to each pond telling all who come near what the extreme depth of the bond is. 2. The pond should be constructed with 4:1 side slopes on the uppermost puition of the pond, as illustrated on Fig- ure 4. This flatter slope will reduce the chances of someone accidently slipping into the pond. 3. Since this is predominantly a residential area, it is suggested that a low fence be installed around each pond, thus reducing the chances of unsupervised toddlers from accidently i,:anderiny into the ponds. There recommendations may not completely satisfy the requir- ments of local laws. EVERY POND OWNER SHOULD CONSEL with an attorney to determine: - his liability in case of serious accident or death at his pond. - legal requirements pertaining to precautions and safety at ponds. The privilege of having a pond on 'is property yive the owner additional responsibilities. POSTING THE POND AGAINST TRESPASSERS DOES NOT RELIEVE THE OWNER OF 'THESE RESPONSIBILITIES. Each pond Uwfler has the MORAL obl iyat ion tc his family, friends, and neighb)rs to make his Fond SAFE by }providing such safeguards as he can to prevent an INC-dent on his pond from becoming an ACC -dent - or DEATH. SUMMARY The locations of the ponds shown on Figure 2 will adequately provide enough sc.rface runoff and groundwater to maintain a suffic- ient level of watc-r. The ponds should be constructed by equipment large enough to reasonably excavate as much as 2,000 years of soil. The maximum depth of either pond should not exceed 5 feet. The max- imum surface area should not exceed 8,000 square feet. Of utrost importance is the awareness of the potentially un- safe conditio-s to those in the vicinity of the ponds. The property owner should be fully aware of his liabilities and responsibilities. Cortifirmtn o'' Survey for lAckleys, Inc. or Lot 3, Flock 1, Villov Run i,ennepin County, Yirnr.sota NB1 • 32'4:; 1w -- ---� 2 Via_-- ( 11 it II „�•Dr�rn.y• on��%�''% IIJIn,rnIJ=I.,•_ I I II I� II I� II II I I II II II II I I In Ia /ru ♦ r .ate N I �1 J \ I Iv °v l II I �II' II dlI I� II II it I I I 78 7 ?v' o fpun ry S/AI C A/D KwY woo. 6 J � I hereby certify thFit this i,- a true and correct representation of a survey o:' the boundaries of :,ot 3, Plock 1, V i llov ?tun, tre locatiar. cr s1l ez:s'ir.F b ini s, if any, therec,n, and the prop-r-ed location of a proposed bui 1'1nr, it does rot px;-ac-r t to shov ot'-er i :, rover-�nte or (rr,crpgr�,r_nts. Gr4jr": R. Ct':.Ili (^ , INC. � � oyt 1pV�f,C151. Y-4rk S. Gr:rtr.rf Itaf. Nc.12755 �Rnd Su-v c r c and ulnr.nera f Scale: 1" = 100' D, to : 3-2: -P6 o Iren :.,r'<vr Figure 1 a . cr.—rtifiC9te C, ll.- e fcr Leeklays, inn. of :At 2, f.Iocg 1, :wiilot' :tur. }Jenne,,^.ir. !:cunt,, Minnesota ivs� •�t •is-w _� --;— f------:'-"----— --1 r-- A.'W'sew IT o r O„ •11; II I herby certif./ V-s t ti". r 1 s s truer and r^•r:•:r: lormt!or. c'' •+:: �x:`ti^.l: Inest if ur.yr thu , hr:.i :::.. otnor t....•�••:: r`r�.$ s- ^. Core;-f:r. 1 ' f z F'JrR �. •d'. niril' � r.l•. .. .l.'•�..t i •� I Oro Hasp and L,r./!17 pw'e_'nlx -•,.r I ------------- • O o C•ov,v�r S,�IrI A,o NwY. A*• Ernie: 1 O .rcr. ..O'e.er Figure 1 b . 274.00' 1 �• 1 I � � r PROPOSED / f POND / / 274 00 - - _ •Ao�a. \ ♦ •��-1036 - - - - / ttk � 0 � ..• dell � in / ;.`� • / PROPOSED 1 1 1 � .� • t POND 1 r % ,'� • 1 1 - r I LOT 3.1 BLOCK 1 i 'WILLOW RUN ADD. �• i Y /� LOT 2, BLOCV, 1," / •\ / WILLOW RUN ADD. II 00 •• • 1 A. TIJT 1 \ scale: 1 f1 = 1001 POND LOCATION PLAN Leekley's Inc. Figure 2 1-� � J � }:1► �1 1 +1.,1•.i ,\ � �1� 4' � n .'':b f' `t1 . 1 ti•o.. 1 1 IV Oj La 11►f►� 4 I d _ so!w -lost 44SM I 'Aid T 61, 1\- 1 , 1 , • �.4c1 - Llp -'1 '. 1. mil•. 1 rl•1 a / PROJECT -ot.0 .. AREA 1� ly21: `���' a .�/ �, �� 1 /.�lol► � 831W 83Z� 1.. '� .lgii./ y1W�/'/ � •ram, -� �..� � / _1� � --- a _.. _� '_ a_� ----t � I -�a-w; �J —J_ 9060 - SASE !« a>;.1Jt ,� P.II . hi �, r 1 _\'-..._._ _. — y. • •h>V , ' t• \��`.is�/.O �`~ef'~a-• 9 �vlt I a �. qq;1: ( �ytJ. �1• .,�f ! -- _ _ (•b�.J � IwlLr�r I d� y �j�� �• l�'!.�� '" + _/•1/. WATERS & WETLANDS46 ' �•-a - + y :. �, ':.ter,.' r ems' ' I�.o '�., .. :.•' .'�^ _ '.�'• ji • , 1 ' � -� • ,.. ;� [ �"rJ' y=:..-' - :) :-� •:�: _ ,, 'y-�,...,., ' 11lIlYh't ! OA'KA _��/r011!�U r''Y k1 .. -� \"' � (O_Li,�• I ��S ' •. '•• � ice.. ti.-;�.i�t• •�.1���. Jj _ - - ♦'- �v_ 1 ).a/� .�;i•j ' `fit,-..• �!... .-1. to Figure 3 1.50 voritf — TYPICAL SECTION NOT TO SCALE Figure 4 • MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 6 1846 LEERLEY'S INC 2500 SIXTH AVENUE NORTH 1868 LEERLEY'S INC. 2450 SIXTH AVENUE NORTH CONDITIONAL USE PERMIT fsc l i Bob Leekley was present. Zoning Administrator Mabusth ."Mad that the City Engineer would have to review the" drainage plans submitted on September 17, 1984. Mabusth stated that one of the ponds is a designated wetlands but would still function as a retention basin after the alteration. Leekley explained that the drainage was changed by the property owners to the east changing the grade. Leekley stated that he wants to create a wildlife/duck pond and that the wetlands would still function as a retention wetlands. Sime suggested using a swale instead of a pipe because the pipe can become clogged. Leekley stated that the pipe design was designed by Hennepin County and they suggested that this was the best design. McDonald asked the proposed depth of the pond. Leekley stated approximately 5' in depth. Leekley stated that this proposal will not change the natural nutrient f iltering system of the wetlands but correct the drainage problem on the property. Leekley stated that it is a pond that will keep the top wattr from getting too high. Leekley stated that nis basement had a foot and a half of water i.n it and than this proposal would help the drainage problem on the property. Kelley stated that he would be in favor of not touching the designated wetlands on Lot 2 but restoring the level of water to where it was before the property owner to the east changed the elevation. Kelley stated that a swale instead of a pipe for Lot 3. F. .,:us moved, Sime seconded, to recommend approval of the variance and conditional use permit for Bob Leekley to allow the construction of a new pond on Lot 3, dredging of existing pond on Lot 2, with a drain tile between the two ponds, based on the following findings: 1. The excavation for the pond will have no detrimental effect on the surrounding property. 2. The improvement wil? enhance the aesthetic value of the property. MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 7 1846 LEEKLEY' S INC 2500 SIXTH AVENUE NORTH #868 LEEKLEY'S INC. 3. This excavation will not impede the natural 2450 SIXTH AVENUE NORTH drainage of the area. Approval is subject to the following: 1. Apply for a MCWD permit. 2. Construction of a pond must follow guidelines setforth in the recommendations of Hennepin Conservation District as follows: a) 4:1 slopes at the uppermost portion of the pond. b) the bord depth not to exceed 5'. c) maximum surface area of the pond not to exceed 8,000 sf . 3. Approval subject to City Engineer review. 4. Provide City with amended conservation easement over wetlands. Motion, Ayes (4), Nays (1). Kelley voted nay. #856 EDWARD BECK 1280 NORTH ARM DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 9:25 - 9:29 PM Edward Beck was present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. There was no one present from the audience. Assistant Zoning Administrator Gaffron noted that Planning Commission member Rovegno, who could not be present, asked to have the Planning Commission consider a 6 or 12 month reviewa 1 period to control the temporary use. Edward Beck stated that the temporary use would be for about 4-5 years. Adams stated that the City should never allow this unit to be rented out. Kelley moved, Adams seconded, to approve the conditional use permit to allow a temporary guest house use at 1280 North Arm Drive subject to the following: 1. Use of guest house apartment be limited to family members only. 2. That this conditional use permit cannot be conveyed to the purchaser of the property. City of OR ONO RESOLUTInN OF THE CITY COUNCIL NU. A RESOLUTION GRANTING A VARIANCE AND CONDITIONAL USE PERMIT TO MUNICIPI-L ZONING CODE SECTIONS 10.03, SUBDIVISIONS 19, 20, AND 21 AND SECTION 10.55, SUBDIVISION 8 - FILE 4868 WHEREAS, Leek ley's Inc. (hereafter "the applicant") is owner of the property located at 2450 Sixth Avenue North within the City of Orono (hereinafter "City") and legally described as follows: Lot. 2, Block 1, willow Run (hereafter "property"), and WHEREAS, the applicant has applied to the City of Orono for a variance to Municipal Zoning Code Section 10.55, Subdivision 8 to allow excavation of a wildlife pond within a designated wetlands, and has applied for a conditional use permit per Section 10.03, Subdivision 19, 20, and 21. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as zoning file 1868. 2. The property is located in the RR-lB Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 17, 1984, and recommended approval of the propo-ed variance and conditional use permit as amended based upon the following findings: a) The excavation for the pond will have no detrimental effect on the surrounding property. b) The improvement wi 11 enhance the aesthetic value of the property. c) The excavation will not impede the natural drainage of the area. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. The wetland in question functions as a localized seasonal collection basin and is not part of a major wetlands system. 5. This wetland is located in the outer edges of the watershed leading to Lake Minnetonka. 6. The newly created building site cannot be realized until changes in the character of the existing retention basin are made on the property. 7. This wetlands is not included as a protected body within the Department of Natural Resources (DNR) wetlands inventory. 8. 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. 9. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district: that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger of neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; if necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 10. The City Council finds that granting a Conditional Use Permit to excavate a wildlife pond 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 f ire 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 excavatioc. is to be carried out to be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. City Of ORONO RESOLUTION OF THE CITY COUNCIL CONCLUSIONS,Q04DFR AND CONDITIONS Based upon the above findings, the Orono City Council hereby i variance the Municipal Zoning Code Section10.55, Subdivision 8 to allow excavation of a wildlife pond within a designated wetland, and grants a conditional use permit per Section 10.03, Subdivisions 19, 20, and 21, subject to the following conditions: 1. The construction of the pond must follow the guidelines setforth in the recommendation of the Hennepin County Conservation District: a) 4:1 slopes at uppermost portion of pond. h, pond depth not to exceed 5 feet. c) maximum surface area not to exceed 8,000 sf 2. A drain tile to be installed as an overflow outlet to this pond and wetland may be installed with invert elevation no lower than 1032.0 (elevation 100.0 on f inal proposal ) . This tile line is to outlet near a pond to be created on Lot 3, Block 1, Willow Run, at 2500 Sixth Avenue North. 3. The dredged spoil material may not be placed within 50 feet of the designated wetland area elevation 1032.0. 4. Alteration of the wetland must conform to pertinent standards set by the Minnehaha Cre(k Watershed District. 5. Violation of or non-compl iance -,with any of the terms and conditions of this resolution sh,-.l constitute a violation of the Zoning Code, shall aw orratically terminate any authority granted herein, anc' shall be punishable as a misdemeanor. 6. The undersigned applic,nt has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, success ors and as: igns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council on this 15th day of October, 1984. ATTEST: Dorothy M. Hallin, City Clerk Mary C. butler, Mayor ( Property Owner (2) Property Owner City of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) )ss. COJNTY OF HENNEPIN ) On this day of _ 1984, before me a Notary Public within and of s—said County, personally appeared known to me to be the persons) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES 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 the person(s) described in an' who executed the foregoing instrument, and acknowledged t.hat he (they) execrated the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES II COUNCIL MEETING 0 C T 15 1984 To: Council Members From: Michael P. Gaffron, Assistant Zoning Administr6fTy OF ORONO Date: October lu, 1984 Subject: #836, Edward L. Beck, 1280 North Arm Drive Conditional Use Permit/Variance Zoning District - LR-SB Application - Create a kitchen in basement to allow separate dwelling unit in basement for daughter and son-in-law. List of Exhibits: Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - House Layout Exhibit E - Code Section 10.()8 Subdivision 7, (A) (7) Exhibit F - Planning Commission Minutes 9-17-84 Applicants wish to create a second dwelling unit in their house for use by daughter and son-in-law, rent-free, by instal- ling kitchen facilities. This is generally allowed by code through a conditional use permit when the egUivelent zoning district acreage requirements for a separate dwelling unit can be met. In this case a total of 2 acres would be required to allow the 2 units. The existing lot size is about ().75 acres. Per Section 10.08, Subdivision 3 (A) (7), the Council is allowed to permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. Any motion for approval should include restrictions not allowing the unit to be rented out, and possibly requiring noti- fication of the city when the unit is no longer in use; or some other method of controlling the temporary" use. Planning Commission at their 9-17-84 meet,pq recommended approval of a conditional use permit to allow the temporary guest house use subject to the followinq: 1. Use of guest house apartment be limitFd to family members only. 2. This conditional use permit cannot be conveyed to the purchaser of the property. Page 2 Edward L. Beck- CUP/Variance 3. The second dwelling unit shall never be rented out. 4. Application to be reviewed aga4 in 4 years (when asked how long he expected the use to continue, applicant suggested 4-5 years.) A resolution is attached. 1 s9 st CITY OF ORONO 160 , GO GENERAL LAND USE APPLICATION - �- )4_J pK- -------------------------------- -- - - ----------------- PROPERTY LOCATION Site Address 1280 North Arm Drive, Mound, MN 55364 Property Identification Number (P.I.D.) 07-117-23 41 0009 Please check one -- Is the property XX abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. Lots 7, 8 and 9, Block 003, Saga Hill Revised Munic 38 School Dist 277 Water Shed 3 ----------------------------------------------- ----------------------------- APPLICANT Name Edward L. and Dorothy A. Beck Phone 472-5140 Mailing Address 1280 North Arm Drive, Mound, MN 55364 ---------------------------------------------------------------------------- OWNER Name Edward L. and Dorothy A. Beck Phone 472-5140 Mailing Address 1280 North Arm Drive, Mound MN 55364 Date Property Acquired August, 1974 (;month/year) I ((k%) (do not) also own the adjacent parcels of land. ---------------------------------------------------------------------------- FEES - Conditional Use Permits /Do -am $100. =N= 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 J � $200 . 00 Vacation $250.00 Rezoning $100.00 Appeals `� 6 Other - see fee schedule ( over ) PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Residential Other (specify) -------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail- We wish to convert bedroom 02 per the attached drawing to a kitchen, so our daughter and son-in-law can move in w:Tus. They cannot afford to rent an adequate apartment, and we have offered to provide rent-free space, if the kitchen request is approved. The major modification is to run approximately 15 feet of plumbing for a sink drain ----- --------------------------------------------------------------------- REQUIRED SUBMITTALS and water line. /1. Completed Application Form. ✓2. Certified Property Owners List of owners within; 350'Ayou can obtain this list from Hennepin County . rtmentof 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. Cercificate of survey. 5. Construction plans, if applicable. f6. 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 expanses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. � ,- /1? /" Applicant's signature OWNERS SIGNATURE ;l' e f- � - J_� The owner hereby acknowledges and agrees to thi'is 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 t4ds r�eq0st. , I/ /I /-) 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. PUII DATE 08/02/94 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 PROPERTY OWNERS LIST PAGE I BATCH 001 38 07-117-23 14 0014 PROP ADDR OWNER NAME D A J KEMPF TAXPAYER DONALD R KEMPF NAME/ADOR BOX 56 NAVARRE MN 55392 38 07-117-23 14 0054 PROP ADOR 01179 NORTH ARM OR OWNER NAME JOHN C KUBASCH ET AL TAXPAYER JOHN C KUBASCH NAME/ADDR 1179 NORTH ARM DRIVE MOUND MH 55364 38 07-117-23 41 0007 PROP ADOR 01225 LOMA LINDA AVE OWNER NAME EARL E OTREY ETAL TAXPAYER EARL OTREY NAME/ADDR 1225 LOMA LINDA AVE M0UND MN 55364 38 07-117-23 41 0010 PROP ADOR 01264 NORTH ARM OR OW14ER LAME FRANCIS 0 COMBS ETAL TAXPAYER FRANCIS D COMBS NAME/ADDR 1264 NORTH APM OR HOUND MN 55364 38 07-117-23 41 0013 PROP ADOR 01205 NORTH ARM DR OWNER NAME L A P MARTINEAU TAXPAYER LELAND MARTINEAU NAME/AOOR 1205 NORTH ARM DRIVE ORONO MN 55364 38 07-117-23 14 0033 01180 ELMW000 AVE P E A W L LEWIN PAUL E LEWIN 1180 ELMWOOD AVE MOLRID MN 55364 38 07-117-23 14 0060 01169 NORTH ARM DR GARY E BEITO ETAL GARY A ROSALIE BEITO 1169 N ARM CP MOUND MN 55364 38 07-117-23 41 0008 01295 LOMA LIMA AVE LARRY J GALLAGHER STEVEN M MARTIN 1295 LOMA LIMA AVE MOUND MN 55364 38 07-117-23 41 0011 01264 NORM APM GR FRANCIS 0 COMBS ETAL FRANCIS D COMBS 1264 NORTH APM DR MOUND Mll 55364 38 07-117-23 41 0014 01245 NORTH ARM DR GEOPGE HOVLAND GEORGE HOVLALID 12C5 NO ARM DR MOUND M! 55364 38 07-117-23 14 0034 STATE LAND DEPT CITY OF ORONO X ALBERTA M STROM ORONO MN 55391 38 07-117-23 41 000E 01205 LOMA LINDA AVE R J WIGNER ETAL ROBERT J WIGNF.R 1205 LOMA LINDA MOUND MN 55364 38 07-117-23 41 0009 01280 NORTH ARM OR E A D BECK EDWARD A DOROTHY BECK 1280 NORTH ARM OR MOUND MN 55364 38 07-I17-23 41 0012 01216 NORTH ARM DR P L DURKIN ETAL RICHARO L DURKIN 1216 NO ARM DRIVE HOLM MN 55364 38 07-117-23 41 0015 01285 NORTH ARM DR GEORGE HOVLAND GEORGE HOVLAND 1285 NORTH ARM OR MOUND M! 553614 38 07-117-23 41 0016 38 07-117-23 41 0017 38 07-117-23 41 0018 PROP ADOR 01205 ELMWO00 AVE 01265 ELMWOOD AVE 01295 ELMW000 AVE OWLIER NAME H OVALL A E OVALL JOHN A PERKINS JR ETAL LEWIS SCHMIDT TAXPAYER DONALD A JACOUELINE SHAW JOHN PEPKI1IS LEWIS SCHMIDT NAME/ADOR 1205 ELMWCOO AVE 1265 ELM4000 AV 1295 ELM40M AVE MOULD MN 55364 MOUND MN 55364 MOUND MN 55364 m RUN DATE 08/02/84 BATCH 001 38 07-117-23 41 0021 PROP ADDR 01310 ELMWOOD AVE OWNER NAME GORDON N NELSON ETAL TAXPAYER GORDON N NELSON NAME/ADDR 1310 ELMWOOD MOUND MN 55364 38 07-117-23 41 0031 PROP ADOR 01305 NORTH ARM DR OWNER NAME EILENE M OLEEN TAXPAYER EILEEN OLEEN NAME/ADDR 1315 NORTH ARM DRIVE MOUr10 MN 55364 38 07-117-23 41 0047 PROP ADDR OWNER NAME STATE LAND DEPT TAXPAYER STATE LAND DEPT NAME/ADDR 38 07-117-23 41 050 PROP ADDR 01370 NORTH ARM DR OWNER NAME TODD MAXWELL DUTTERFIELD TAXPAYER MARK E RUGLAND NAME/ADOR 1370 ARMS DRIVE N MOUND MN 55364 38 07-117-23 41 0076 PROP A^OR 01254 LOMA LINDA AVE M'NER NAME R A J GANTNER TAXPAYER RONALD i JANICE GANTNER NAME/ADDR 12511 LOMA LINDA AVE MOUND MN 55364 38 07-117-23 41 0083 PROP ADDR 01320 NORTH ARM DR OWNER NAME E T & E L JOHNSTON TAXPAYER EDWARD T JOHNSTON NAME/ADDR 2501 BLAISDELL AVE SO MPLS MN 55404 HE►rlEPIH COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 07-117-23 41 0029 01301 NORTH ARM OR H M DRESSEL ETAL H M DRESSEL 1301 NORTH ARM OR MOUND MN 55364 38 07-117-23 41 0032 01317 NORTH ARM OR ANN L CARSON ANN L CARSON 1317 N ARM DR MOUND MN 55364 38 07-117-23 41 0048 STATE LAND DEPT STATE LAUD DEPT 38 07-117-23 41 0055 01368 NORTH ARM OR L A SCHMIEDING ETAL ABM CONTRACTORS 3431 CO RD 18 PLYMOUTH MN 55441 38 07-117-23 41 0077 01254 LOMA LINDA AVE JACK E MAXWELL ETAL RONALD A JANICE GANTNER 1254 LOMA LINDA AVE MOUND MN 55364 REPORT NO. PI4354CI PAGE 2 38 07-117-23 41 0030 01305 ELMWOOD AVE J A M HAMMER MURIEL HAMMER 1305 ELMWOOD AV MOUND MN 55364 38 07-117-23 41 0046 SPATE LAND DEPT STATE LAND DEPT 38 07-117-23 41 C049 ELAINE A ROHLING ELAINE A ROHLING 1007 13TH AVE SE MPLS MN 55414 38 07-117-23 41 0056 L A SCHMIEDING ETAL ABM CONTRACTORS 3431 CO RD 18 PLYMOUTH MN 55441 38 07-117-23 41 0081 01331 NORTH ARM DR MARK R SCHULTZ MARK R SCHULTZ PO BOX 467 SPRING PARK MN 55384 38 07-117-23 41 0084 38 07-117-21 41 0085 01350 NORTH ARM DR 01360 NORTH ARM DR B A OLSON i C M KROLL E T I E L JOHNSTON BRUCE A OLSON AND EDWARD T JOHNSTON CONCORDIA M KROLL 2501 BLAISDELL AVE SO 1350 NORTH ARM DR MPLS M1N 55404 OROrK) MN 55364 RUN DATE 38/02/64 BATCH 001 38 07-117-23 41 0087 PROP ADDR 01210 LOMA LIMA AVE OWNER NAME DONALD R UDELL ET AL TAXPAYER DONALD R i CAROLYN UDELL NAME/ADDR 1210 LOMA LINDA AVE MOUND MN 55364 PROP ADDR 0WNER NAME TAXPAYER TOTAL BATCH 001 00039 NAME/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY O601ERS LIST 38 07-117-Z3 41 0088 01304 ELaJO00 AVE RICHARD .1 JOHNSON ET AL RICHARD J JOHNSON 1304 ELMWOOD MOUND MN 55364 REPORT NO. PI435401 PAGE 3 38 08-117-23 32 0005 01220 LOMA LINDA AVE W WYATT MOE ETAL W WYATT MOE 825 SO 8TH ST MPLS MN 55404 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATI0N OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, 1THE BEST OF MY KNOWLEDGE AND BELIEF. 1) n —�n DATBT�BY .i S - 'Lott— m LLI,> = Cal s j eIr Lf Los • �i �) 211+y1) 32 1 \! "� ` �h� 2opt�1 ss i� 4i- 1�i Sl 16% / a'1 I C`L� ��* I `1, to r, 17 a ��} , ,1 1 is 54 0.0 115( W0430 it tSC 1 `Ili v cn zoo i I I?) "~ h 13 ,_ 1?` I c ° zoo SU IT • s. t, t a t 5 • . � ` 2 ' I h � • • 7 -' • `1� by \t 1`\ /!1 • 0 , • \ • ' co' �� I Ola 10 25 4116/ Ad 1� `r% ' Q' \ "►'�,;, ~ / tit j r, .,q O e ) 14 r j• �f 10 23 ) e2 21 ,;fir 60 lob` J \ aitg ,f• - . _s�'• , ''° 5) (�) =0 1s » J If CC) rr 16 calk 1 14 + P� � *r vNo. �5� fa. �l s �S;• 1� � 17 N Lb . f. , = It 12 1% I" f i c 2 is 10 20 l e • 4 l ! I 2 i 36 •i:� Lto so /c 7t• Lr Ir., Q C.. ,. IIC - (1,7) #0,-;�) 6 t-quN C( Y Cufs- \ SN,il Sc•ew�R \ Pam° i No V-V without impairing the intent and purpose of the Zoning Chapter. The Board of Appeals and Adjustments shall recommend such conditions related to the variance regarding the location, character, and other features -i she proposed building, structure, or use as it may deem advisable. The Council by unanimous action may waive reference to the Board of appeals and Adjustments. B. The Board shall hold hearinq� as required by Minnesota Statutes, Section 462,354, Subd. 2. ': notice shall be published in the official nPwspapei once at l,,ast ten days before the day of the hearing. Any party may appear at the hearing in person or by agent or att-rriey. For the purpose of giving mailed notice, the person r--spons�blt for mailing the notice may use any approiriate records to determine ;he names and a -:dresses of each own?r of affected property and property situated wholly or partly within 15n feet of the property that requires the variance. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the nature shall not invalidate the proceedings, provided a bona fide attempt to comply with this Subdivision has been made. C. Subject to such limitations as may be imposed by the Council, the Board may adopt rules for the conduct of proceedings before it. Such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the parties. The Board shall provide for a record of its proceedings which --hall include the minutes of its meetings, its findings and the action taken on each matter heard by it, including the final order. Subd. 3. Variances; Issuances. A. In considering applications for variance, the Council shall consider the advice and recommendation of the Board and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. Before granting a variance, the Council shall hear requests for variances from the literal provisions of this Chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. and to g-ant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this Chapter. "Undue hardship" as used in connection with the granting of a variance means: 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. ORONO CC 265 (4-1-84) 5 10.08 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. 3. The variar.:e, if granted, will not alter the essential character of the locality. 4. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this Chapter. 5. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. 6. The Board of Appeals and Aajustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located. 7. The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-fL:nily dwelling. B. The Board or Council may impose conditions in granting of variances to insure compliance with this Chapter and to protect adjacent properties. No variance shall be granted or changed beyond the use permitted in this Chapter in the district where such land is located. Source: City Code Effec~4ve Date: 4-1-84 Subd. 4. Variances in Border Areas. The Zoning Chapter seeks to regulate land use throughout Orono so that the location of the various zones will be compatible to each other and to existing uses and regulations. Where property in the City adjoins property in another munici- 'ity which is subject to regulations substantially differ Qom those applying to the City property, so as to make strict -rcement of all the City regulations as to such property unreasonab ., the Council may take into account the location of the property and the regulations of the adjoining municipality in considering application for variances hereunder. Source: Ordinance No. 172 Effective Date: 1-1-75 Subd. 5. Variances: Denial. Variances may be denied by motion of the Council and such motion shall constitute a finding and determination that the conditions required for approval do not exist. No application for a variance which was been denied wholly ORONO CC 266 (4-1-84) MINUTES OF THE PLANNING COMMISSION MEETING HELL' SEPTEMBER 17, 1984. PAGE: 7 1856 EDWARD BECK 1280 NORTH ARM DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 9:25 - 9:29 PM Edward Beck was present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. There was no one present from the audience. Assistant Zoning Administrator Gaffron oted that Planning Commission member Rovegno, who could not be present, asked to have the Planning Commission consider a 6 or 12 month reviewal periud to control the temporary use. Edward Beck stated that the temporary use would be .` about 4-5 years. Adams stated that the City should never allow this unit to be rented out. Kelley moved, Adams seconded, to approve the 'conditional use permit to allow a temporary guest house use at 1280 North Arm Drive subject to the following: 1. Use of guest house apartment be limited to family members only. 2. That this conditional use permit cannot be conveyed to the purchaser of the property. 3. The second dwelling unit shall never be rented out. 4. Application to be reviewed again in four years. Motion, Ayes (5), Nays (0). City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE AND CONDITIONAL USE PERMIT TO MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (G ) - FILE 1856 WHEREAS, Edward L. Beck (hereinafter "the applicant") is owner of the property located at 1280 North Arm Drive within the City of Orono (hereinafter "City") and legally described as follows: Lots 7, 8, and 9, Block 3, Saga Hill Revised (hereafter "property"), and WHEREAS, the applicant has made application to the City of Orono to permit the creation of a temporary guest apartment within the walkout level of the Existing house at 1280 North Arm Drive by constructing separate kitchen facilities. NOW, TH2REFORE BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS 1. This application was reviewed as zoning file #856. 2. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District. 3. The property is approximately 0.75 acre in area. 4. The Orono Planning Commission reviewed thisapplicatio,l on September 17, 1984, and recommended approval of the proposed variance to t6he 2 acre lot area requirement for the temporary second dwelling i-it. per Zoning Code Section 10.08, Subdivision 3(A)(7), and recommended approval of a conditional use permit for the temporary guest apartment, subject to the following conditions: a) The guest apartment is for use of family members only. b) This guest apartment use may nut be conveyed to a purchaser of the property. c) The guest apartment may not be rented out. d) This use is subject to City review at the end of four years. City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district: that granting the variance would not adversely affect traffic conditions, l:;-t, air nor pose a fire hazard or other danger of neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; if necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that granting a conditional use permit to the applicant for the temporary guest apartment would not be detrimental to the health, safety or general welfare of the public, nor will it depreciate surrounding property values and the level of use of the property limited by the pertinent sections for nonconforming uses within the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variance the Municipal Zoning Code Section 10. 20, Subdivision 3(G) to allow installation of kitchen facilities to create a second dwelling unit on a lot of area 0.75 acres where 2.0 acres are required for a second dwelling unit, and grants a conditional use permit for temporary use of said unit as a guest apartment subject to the following conditions: 1. Use of the guest apartment unit is limited to family members only. 2. This conditional use permit may not be conveyed or transferred to any purchaser of the property. 3. The guest apartment unit may not be rented out. 4. This conditional use permit is subject to review at the end of four years (October 15, 1988.) City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself , his heirs, successors and assigns, h-reby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council on this 15th day of October, 1984. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor 1) Property Owner (2) Property Owner (3) Property Owner COUNCIL MEETING OCT 15 1984 To: Council Members From: Michael P. Gaffron, Assistant Zoning AdministQIW OF ORONO Date: October 10, 1984 Subject: #857, Jerry Nelson, 2565 Dunwoody Avenue Variance Zoning District - LR-1C Application - Add a deck: - increase hardcover from 24% to 29% in 75-256' zone. List of Exhibits: Exhibit A - Application Exhibit B - Plat Map E>'hibit G - Property Owners List Exhibit P. - Survey Exhibit E - Hardcover Calculations Exhibit F - Deck Plans Exhibit G - Planning Commission Minutes 9-17-84 Applicant is requesting to build a deck on the lake side of his house. The closest point will be 88' from the lake. The existing hardcover is about 24.5% in the 75'-25(_')' zone; the deck would increase this to 29%. In the 2.50'-500' zone, only 7% hardcover exists. Applicant wishes you to consider this in reviewing the application. The average setback line between the adjacent houses would run through the middle of the applicant's house. However, for all practical purposes, topography, elevations and e::isting vege- tation wokild tend to nullify any effect this addition might have on the neighbor's views of the lal::e. Staff would recommend approval of the application, noting that all setbacks are beinq met and the overall hardcover on the entire property is 8,884 s.f. where 10,740 s.f. would be allowed at maximum development. (Similar "credit" to that given the Pluhm application.) Planning Commission at their September 17, 1984 meeting recommend&d approval of the hardcover variance based on the findings that all setbacks would be met and that the overall hardcover on the property is substantially less than that which would be allowed at maximum development. A resolution is attached. .[TY OF ORONO TJ ' ( 1 (;,i � re•C , t � VARIANCE APPLICATION Application Fee 100.t' After -the -Fact Fee 2 0.00 ------------------------------------------------------------------------- PROPERTY LOCATION Site Address 25b5 DuNwo=%,Y P.vF, A wAY7,,4rA, tRAI 'r'S3`t Property Identification Number (P.I.D. ) 96 -117 --R3 .-^/ OT) S/ Please check one -- Is the property abstract or torrens? Please attach legal description to application if not included on required survey. -------------------------------------------------------------------------- APPLICANT Name + Phone ;'• Mailing Address -------------------- wAYZATA, .--#N Ss3�L_---------------------------- OWNER . . , Name Mailing Address Phone Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land- --------------------------------------------------------f-�=------'==---� PRESENT USE OF PROPERTY _ Present Zoning District Present Use of Property V�= - Residential Other (specify) -------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $5-1,5" Describe request in detail: -------------------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width X Hardcover Setback variances ( Front Side Rear) Other ImvPr 1. HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:;. V. ���V� i` �;� t �._ - .. _..�. _ 'i'•1 � -:ice DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: ---------------------- 7------- 7-------- -_------- ---------------------------- REQUIRED SUBMITTALS �l. Completed Application Form. L2 • Certif ied Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603Government Center 348-3271) G3 Stamped, legal si zed envelopes ( A 10) pre -addressed to eAch of the names on the above list with no return address. ��(- kr� k4. Certificate of survey. C5. 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, agreestopayallfeesand/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature Date ` OWNERS SIGNATURE The owner hereby 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 signaturei�� �''�`� 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. �_. Vr rVr�V`�I• 496 ebb 6 / a• f (1� / �G I �� �1i 6 \ 1`. A F 'oNILt' ` 1 \1 6 / i C o, 1y • aX -st io 0 • /%1 //� e Ile s —L4n9d lool ,Q �O J �` � �� � ice. c`' r `" •GP ( 1 �I �\il T C)QS 00 • ► "�� t,°f `' 2 „�ti' �� `�'. ,tie o' 7 OF WINSHIF° 5 I�I,fOh /// ,! 1 P . s �. - t.`c hF',4.ti ;{(- r r•,1 l)F l.l ' I• �F•Hlfl ; F•..~rK 2 DIY 1 pia - ,.�' _ - . } ,,cJ''`�� ' COVE i • !' f 1 /�' i C4cCC :- N POINT RD'. C•�-7`' •95� » �Ip ° fII?- n • 17 f ,.- F'.+nT )F ibiTo oiv � $ �►1 •�' > � co" 40 LL J�Zp�33 Io 3100 r Oh Ctl �3200 . 2000 : •J C. i ba•� i. \\ry ....., 40 �944 . J I 0 RUM DATE W07/84 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 BATCH 008 PROPERTY OWNERS LIST PAGE 23 38 20-117-23 21 0020 38 20-117-23 21 0021 38 20-117-23 21 0023 PROP ADDR 02520 DUNWOODY AVE 02540 DUNWOODY AVE 02S60 DUNWOODY AVE OWNER NAME SALE HILL KNUTE J NORGARD ETAL RODNEY K ROATH A WIFE TAXPAYER GALE HILL KNUTE J NORGARD RODNEY K ROATH NAME/AOOR ZS20 O11ri1000Y AV 2540 DUNWOODY AVE 2560 DUt4WOODY AVE WAYZATA MN S5391 WAYZATA MN 55391 ORONO MN SS391 38 20-117-23 21 0024 38 20-117-23 21 0030 38 20-117-23 21 0031 PROP ADDR 02580 DLRA4000Y AVE 0254S DUNWCODY AVE 02S6S OUNWOOOY AVE OWNER NAME J A G NAFUS DONALD 0 AKINS ET AL J A S NELSON TAXPAYER JOHN A NAFUS F CHARLES LUCAS JERRY L NELSON NAME/ADDR 2580 DUIOOOOY AVENUE 2545 DUNWDOOY AVE 256S DUNWOODY AVE ORONO MN SS391 WAYZATA MN SS391 ORONO MN SS391 36 20-117-23 21 0032 38 20-117-23 22 0018 ^38 20-117-23 24 003S PROP ADDR 0258S DL*AMDY AVE 02525 DUNWOOOY AVE 02617 CASCO POINT RD OWNER NAME ERHEST C BLANCHARD ETAL C FRALEY A J BROCK JR CALVIN S MACDONALD ETAL TAXPAYER ERNEST C BLANCHARD C FRALEY A J BROCK JR CALVIN S MACDONALD NAME:ADDR ZS65 DUNWOODY AVE 2525 OU►AJOOOY AVE 2617 CASCO PT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 24 0036 PROP ADDR 02601 CASCO POINT RD OWNER NAME AUDREY OGLAND TAXPAYER AUDREY G OGLANO TOTAL BATCH 008 00010 NAME/ADDR 2601 CASCO POINT RD WAYZATA MH SS391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE NENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO E BEST OF MY KNOWLEDGE AND BELIEF. DATE 6MWY (- -- -Most N ly Corner Lot 12 164.5... -NE y Li, 125... 39.5 . 3 { 04. O. �lb 6. nn G,l -� p1Q J _J 3: ry .e • is o . % .. � O 3 ---- °o aK d ` � J c _ _ 24 4 N _ 290 T 0•• 3o.5 cn ? O 1-5-F ~ n N N T : 02565 zy+ o 2 22s g° 0 r � . 11 ° � v �^ C F ° r 4 v N r W-de A..► won T ° � 60 � M� c i 9 . 929 35 IgKE Mrs _ Y / ,21 x 12rc� -' � i 7• J �� 2'� J %� S X 2 Z i �,2� ►Sze ,�,`? y 19L -' s�� qB r' �s = J�y� s.�. 4" 1111(r - ) ZF,p�-�� 'Te 9 Y. PRoPoStD �s•�z�• 50Jl; + 9`iv P�(,Ag� 1 1� �t t ;�`^ %,►(t. �/vCIUaEi � r /TES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 8 #856 EDWARD BECK 3. The second dwelling unit shall never be rented out. 4. Application to be reviewed again in four years. Motion, Ayes (5), Nays (0). #857 JERRY NELSON 2565 DUNWOODY AVENUE VARIANCE PUBLIC HEARING 9:34 - 9:35 PM Jerry Nelson was present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. There was no one present from the audience. Sime moved, Kelley seconded, to recommend approval of Jerry Nelson's variance for construction of a deck at 2565 Dunwoody Avenue based on the following findings: 1. All setbacks are being met. 2. Overall hardcover on the entire property is 8,884 sf where 10,740 sf would be allowed at the maximum development. 3. Similar creditwas given in the Pluhm application. Motion, Ayes (5), Nays'(0). #858 ROBERT HOWELLS 1448 PARK DRIVE VARIANCE PUBLIC HEARING 9:40 - 9:42 PM Mr. and Mrs. Robert Howells were present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. There was no one present from the audience for this application. Assistant Zoning Administrator Gaffron stated that the applicants are requesting to build a new home on the triangular piece of property. Gaffron stated that over the years easements have been taken leaving the property substandard. Robert Howell stated that he would like to keep the existing cabin for storage purposes. Howell stated that there are mature maple trees that they want to save too. di City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 - FILE 1857 WHEREAS, Jerry Nelson (hereinafter "the applicant") is owner of the property located at 2565 Dunwoody Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lot 11, Block 8, Townsite of. Langdon Park, and that part of Lot 12, Block 8, Townsite of Langdon Park lying northwesterly of a line described as beginning at a point in the northeasterly line of Lot 12 distant 39.5 feet southeast from the most northerly corner of said Lot 12; thence southwesterly parallel with the northwesterly line of Lot 12 a distance of 188 feet; thence deflect right 8 degrees 35 minutes a distance of 147 feet more or less to the shore line and said line thereby _crminating; and WHEREAS, the applicant has applied to the City for a variance to municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a deck which will increase the hardcover in the 75-250' setback zone from 6,898 square feet (or 24%) to 8,04, square feet (or 29%) where only 7,018 square fee.. (or 25%) is allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as zoning file #857. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application. on September 17, 1984, and recommended approval of the proposed variance based upon the following findings: a) All setbacks of the zoning district will be met. b) Overall hardcover on the property including the proposed addition is 8,884 sf where 10,740 sf would be allowed at maximum development. City Of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. The City Council has considered this application including the findings and recomm- -ns of the Planning Commission, reports by City staff by the applicant and the effect of the proposed varies, ne health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zonina Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above f i ndings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a deck which will increase hardcover in the 75-250' setback zone from 6,896 square feet (or 24%) to 8,044 square feet or (29%) where only 7,018 square feet (25%) is allowed, subject to the following conditions: 1. The hardcover allowed by this; variance is in excess of the 25 percent allowed in the 75-25C' foot setback zone. The applicant, is hereby advised that the City will not approve any future improvements that result in additional hardcover, and that if such improvements are proposed, that they be counterbalanced with the removal of existing hardcover. 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and: must be exercised by application fora building permit within one year of the date of Council approval, or this variance will expire on that date (October 15, 1985). City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. Violation of or non-compliance with any of the terms and conditions of this variance stall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council on this 15th day of October, 1984. ATTEST: Dorothy M. Hallin, City Clerk Maiy C. P,itler, Mayor Property Owner (2) Property Owner 3) Property Owner COUNCIL MEETINI, To: COUnci 1 flcmbor�: From: Michael P. Ga. ffron, Assistant Zoninq Administrator Date: October- 11 , 1984 CITY OF ORONO Subjects 0858 Robt•rt Howells, 1448 Part Drive Variance Zoning district - LR-1B, 1 acre Application - Lot area, road setbact: variances to construct a new home List of Exhibits: Exhibit A - Application Exhibit B - 8-18-65 Letter From City To Applicant Exhibit C - Property Owners fist. Exhibit D - Plat Map Exhibit E - Survey Exhibit F - Court Findings Dated 1953 Relatinrl to Vacation of Portions of Roadway ImmediotEl y North of Subject Property. Exhibit G - Planning Commission Minutes 9-17-84 The applicants are requesting a lot a ea and lot line �-etbacE:: variance to build a new home on the tr angle of property at Park Drive and North Shore Drive. The triangle was platted in 1887 as "Saga Hill Park" and has been privately owned by the Howells' since at least 19.39, per Exhibit F. A number of facts to note are apparent from the survey and tr oat our records: 1. The lot area of the original platted "Saga Hill Park" is 34,804) s. f . or 0.84) acres At some previous date, additional right-of-way fo- County Road 19 was taken, reducing the area to 31,200 s.f. or 0.72 acres. 3. "Lafayette Avenue" (Oee U:t h i h i t_ E_) is an existing traveled roadway which does not follow it's platted right - of -wty, but encroaches into the northeast corner of Saga Hill Park. 4. There is an e;:istinq cabin on the property. 5. There are at least two sewer stubs servinq the property. The a:ciscing cabin is apparently not connected to sewer. 6. The property has been assessed for a single sewer irnit and footage charge totaling fC,186.5ir. The $225.1:►u plant unit charge remains t.o be paid. 7. Citt sewer lines are located within the boundaries -if the property (easements are needed). B. A number of large Maple trees on the property limit the preferred locations for a proposed house. of The survey does not make clear the ex.rt proposed location of "Lhe house. The applicants have indicated they request a setback of 25' instead of 35' from '.he east pr uperty line, or a variance of I0' . The encroachinj roadway issue is perhaps the most important +actor ;n this application. The City Engineer has recommended that t%•e applicant be required to quit -claim deed a 1U' shoulder in addition to the actual paved roadway, to the City. the applicant's surveyor has legally described this portion o{ the property. It appears that the existing city sc.-wer lints arc• located under the paved roadway, so that no further ea=.eme 1_ w,' 1 1 be need( 'It e. A manhul a and sewivr line exists wi t hi r, L nc• sut_ttheast por, ion of the property and an easement wi 11 Fie necided in this location. As a result of the dedication of roadway, the lot sizn shrinks to 0.6 acres /-. Two questions arise - should the 35' st''acl.. be measured from the paved roadwa,, or from the nCL4 right- ot-way?; and what is the actual proposed house location? The applicant has indicated the house location will be laid out this week.wnd - presumably by Monday night's meeting the actual proposed setbacks will be 1rijwn. Also, I wiP nave i. resolution ready for that meet i , , nr l i nq th condi tio1,E: : 1. ) Designated access : s to thf., nQrt_h or -ost sub ier to PUblWorks Coordinators review. deed to City portion- a, traveled and shoulder '.r Grant util!*y easement to City over sewer at southeast corner of property. 4.) Fayment of sewer plant charge "'r.►+, 5.) Desio.nate f.nal approval se The Pl asini ng Commission reco ►-'a► k Fee be wa+va,, Sint-7 major portions u/ the ,, b+:. k t.�►ker� r14611 -uf-way. !he Plannine; uoR,ri- in a -� �• to te, allow the R.i trot, -co+ #tf_,t to main ISrL-, +iibit "' , CIT:' OF ORONO VARIANCE APPL?CATI Application Fee 100.00 �2_ After -the -Fact Fee 2 0.00 -------------- ------------------------------- PROPERTY LOCATION Site Address LYS R l D;-, /-10, Property Identif ication Number (P.I.D. ) 7427 - 0 3 - YJ — 00.2 7 Please check one -- Is the propert: __.2L abstract or torrens^ Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Sc�.n H.,,.ed s Name le r cPhone /V),.2 • 3J)z Mailing Address %1/.13 PW D', M--,,,J S, r-41</ -------------------------------------------------------------------------- OWNER Name QA ..-t Z . J •J'c,,a /t".-'a-i Phone y 1-2 - -3/ � Mailing Acli- ess f ;I �_r� /�- ,M c.�nc� /22., .S.i-2191 Date Property Acquired hl,%V ,3C" /`>8L (mor►th/yea, I (do) no also own the adjacent parcels of�- ------------------------------------------------------ ---------_---== PRESENT USE OF PROPERTY ��` AVE ? 2 ' Present Zoning District Present Use of Propertv ^_� y*-- Residential Other (spec;�y) ------------------------ --------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ (.0� Dog .ap Describe request in detail: ---------- ------- VARIANCES REQUIRED _�of Area _ Lo Width Har, ver Setba. >riances ( Fran �_ Side ear) Other (over) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcemen} ifzoningzoninVVg regulations:- l3 .,j,,<< C. 4.1/� wt c/y a—i. A,r,. J[�`r 7 G! Cfl�d._...y 1 r.( Cu •-------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: Sce- h,. ,,_ ltk,., •t14 1�, .s Le i', , .. 44.:.% u,1 r le— . -•------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603Government Center 348-3271) 3. Stamped, legal sized envelopes ( N10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. 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, agreestopayallfeesand/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 mate _ /g-(I OWNERS SIGNATURE / -t t tl 7 The owner hereby acknowledges and agrees to this application and further authorizes reasonable entr} onto the property by City staff, consultants, agents, commission members, and Council members for purposes of vestigation and verification of this request. Owner's signature _ /� Date ------------- ----------� /=-------------------------------------- Applicant must have all submittals into the City offices 25 =*ys before the Plt ling Commission Meeting. Planning Commission Meetings are ld on the third Moi y of each month. 58 Village of Orono ' Cryawl Boy, Minn. -+ August 18, 1965 L:r. Robert T. Howell; Route ;;1, Box 357 1::ound, :innesota Subject: Development. of Lots 1, 2 and 3, 6 8 7, and Saga Hill Park, In Block 15, Saga dill Revised Addition. Derr Sir: The Village Council has accepted the Planning Commission Re »o:t for the development of your above described pro- perty which included the following recommendations as to action reouired for final acceptance of the properties for building sites. 1. Combination of Lots 2 & 3 and the removal of the old house as planned. 2. The combination of Lots 6 & 7 on the same basis. 3. Approval of baga Hill Park on the same oasis. 4. The vacation of the right-of-way adjacent to Lot 1 and removal of the old house. Sho::ld you need assistance in combining various lots, please contact our Assessor, 1.:r. George Hanson, GR2-2314. Y s very trJ.Vuly, �j Ad©inistra :or F:.:/r•d RUN DATE 08/22/84 HE►NEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 PROPERTY OWNERS LIST PAGE 5 BATCH 002 38 07-117-23 42 0014 PROP AOOR 01442 PARK OR OWNER NAME G L SCP!ULTZ ETAL TAXPAYtO GEORGE L SCHULTZ NAME/ADDR 1442 PARK OR MOUND MN 55364 38 07-117-23 42 0019 PPOP ADDR 01423 PARK OR OWNER NAME R T HOWELLS TAXPAYER -OBERT T HOWELLS NAME/ADDR .423 PARK OR 'tOU D MH 55364 38 07-117-23 42 0022 PROP ADDR 01453 PARK DR OWNER NAME JOHN S LUDINGTON TAXPAYER JOHN S LUDIf1GTON NAME/ADOR 1453 PARK OR MOtRA MN 55364 39 07-117-23 43 0003 PROF ADDR 01530 ORCHARD BEACH PL OWNER HAMZ C I C SWARTHOUT TAXPAYER CRAIG E SWARTHOUT NAME/ADDR 153C ORCHARD BEALA PL ORONO MN 55364 38 07-117-23 43 0024 PROP AOOR 01535 ORCHARD BEACH PL OWNER NAME NANCY F OELTON TAXPAYER NANCY F OELTON NAME/ADDR 1535 ORCHARD BEACH PLACE MOUND MN 55364 PPOP ADDR OWNER NAME TAXPAYER TOTAL BATCH 002 00015 NAME/ADDR 38 07-117-23 42 0015 01462 PARK OR LORENZ H KUTZ ETAL LORENZ H KUTZ 1462 PARK DR MOUND MH 55364 38 07-117-23 42 0020 0!435 PARK DR M J KELLEN A L C KELLEN MICHAEL J XELLEN 1435 PARK DRIVE ORONO MN 55364 38 07-117-23 42 0023 04300 NORTH SHORE OR THEODORE 0 METZ A WIFE THEODORE i MARY J METZ 4300 NORTH SHORE DRIVE MOUND MN 55364 38 07-117-23 43 0013 01496 PARK OR FRANKLIN J HARDIN III FRANKLIN J HARDIN 1496 PARK OR RT I MOUND MN 55364 38 07-117-23 43 1027 R A J HOWELLS ROBERT L HOWELLS 1423 PARK DR MOUND MN 55364 38 07-117-23 42 0018 01415 PARK OR RONALD BERTAGNOLI ETAL RONALD W BERTAGNOLI 1415 PARK OR MOUND MN 55364 38 07-117-23 42 0021 01447 PAPK OR ELLEN J JARNIG KATHLEEN C BERNARD 1447 PARK DR ORONO MN 55364 38 07-117-23 42 0024 04330 NORTH SHORE OR D A M STRELOW DOUGLAS E MARLENE STRELOW 4330 NO SHORE OR MOUND MN 55364 38 07-117-23 43 0014 04240 NORTH SHORE DR SANDRA J SWANSON SANDRA SWANSON 4240 NORTH SHORE DRIVE MOUND MN 55364 38 07-117-23 43 0028 04315 NORTH SHORE DR R i M WILLIAMS RM'HARD J WILLIAMS 4315 NORTH SHORE DR MOUND MN 55364 RUN DATE O8/22/84 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 PROPERTY OWNERS LIST PAGE 6 BATCH 002 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE FEPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTT DEPARTMENT OF PR PERTY TAXATIO1l. TO THE BEST OF MY KNOWLE'li6E AND BELIEF.�%� JJ DATE /J/` l ��Y I �4r-o op ra ZO) ol of wr. Ap \01 9 .r �10C 5c �� 90 �' L ° s f fR 1 F,T� / * 601, to viz :"p NVY 4MV I vp VP dws PeA ed Xv 9or - I=oo It 4-7— i(W 05 0, U BUFF uwDEV tz Iq to a PM . Z SAT 4 qr x V T, yr 41- CP ;tl pn in zt; dy -ffl� I M'do-P I Certificate of Survey / for Robert L. Howells of "Saga Hill Park" In Saga hill Revised, Hennepin Co, III j' ,% is a \ •r I i hereby certify that this is a tiue And corrcLt repreDentatiun of a survey of the boun,jaries of "Saga Hill Park" in'Saga Hill kevised. Hennepin Co., Minn.", and of the location of an existing cabin thereon. It doe, not purport to show other inprovewents or encro4chMents. %cale: I Inch . 40 Ieet Date august Ib. 1984 o iron Markel 2 z nnA 6ORDO11 k.. /CnF11N LO.. INL. Gordon R. Loffin key. No. 6064 Mark S. Gronberg Rey. No. 1276S Lmlineers and Land Surveyor% ,nq Lake. Minnesota *I=oat$ Corti flcate of 1-urvey for Robert l . ILorP I l t of "Sags III 11 Park" In Sags MIII Revlaed. Menn►pin Co. Mir. Z. i s N L�r i X t'Q •�r, �•.� I 7 ' I , CQ + lop p dr IJr 4+ I hereby certify that thl'. Ib a true ind correct repre i. 11()n of a .urvey of thr boundaries of "tiaga 111II Park" in % aye w II Ports spa. Nenr,elln Co.. Minn.'. and of the locallnn of on eNisting Caber, lhernan, 11 ;,op, nit :nor (••p-Uv�alenf.i or en( +nar howit �. sr m 1 init. : 40 feet J.,te August lb, 19H4, •� i. Iron MArte`• noRman 4. (/nifIN !n.. INI. �_; ,+, I:of r No, .064 Mark I.. Gronte, . Na. 17!55 tu,llneers and 101-11 ."lir-wors tnn0 LAke. ML1111„', I•tA In the Matter of the Application District Court, State of rl, of Minnesota. Fourth .Judicial Alma S. Howells and Robert District, Case No. 40n796 Howells to vacate part of the Certified Cony Findings of nlat of Sena I1ill, Reviscd Fact, Conclusions of'Law and Doc. No. <853097 Order for Judgment Dated Dec. 5, 1939 Filed Dec. 28, 1953 Rook 683 of Misc., page 179 Facts: 1. That AlMIL llowells, whose husband Robert S. Howells, has .joined her in this application, is the owner in fee simile_or .�j following described land situated in the County of llennenin, State of Minnesota, viz: J,o?�_�.,.._'_►...3..._Il.._5._ G .and..7.►..in_blocl: 15. and � f Hill Park, in Sara Hill, Revised, a platted addition in the Town of Orono. IT_. That all taxes assessed nr.ainst the above described lands and now luc and payable, have been paid. III. That the plat of said Saga Hill, Revised, was dated the third day of ,Lune, 1887, and was filed for record in the office of the Rer.ister of Deeds in and for said 'iennepi r County, Minnesota on the 30th day of July, 18P,7 , at 3 o'clock in the afternoon and was duly recorded in Book 12 of Plates_ on pare 3._I V. That that part of Lafayette Avenue or Street in said Saga Hill, Revised, which is described as follows: Beginning at the Southeasterly corner of Lot 1. Mock 15, Saga ]till, Revised: thence Southwesterly along the Southerly lines of Lots 1, 2, 3, 4, 5, 6 and 7 to the Southwesterly corner of said Lot 7, Block 15: thence Southerly a distance of 12 fept alone the Westerly line of said Lot 7 extended: thence :southeasterly to the Easterly line of said lot 6 extended to a noint 45.5 feet Southerly of the Southeasterly corner of said lot G: _�- thence Fasterly to the Easterly line of said lot 5 ext^nded to a point 115 feet Southerly of. the Southeasterly corner of :Said Lot 5: thence Northeasterly to noint of beginning, Yvan never been laid out, rranded or used, and is not now in use for hifchwav nurnoses. and that your petitioners have conveyed to the Town of Orono, Hennepin County. Minnesota a tract ;,t' land in place thereof, which is much more suitable for use as a stre.:t or hiaiitiruv, which tract has been accepted by said Town or Orono, for„^`' ;"urnoses and in place of that nart of Lafayet... Avenue or Street above described ind sought to be vacated- and that no nerson or persons will be adverscl,v affected b,v the vacation of the above described nart of said Lafayette Street or Avenue-. and that said part of Lafayette Avenue or Strect sour.ht to be vacated is useless for the purpose for which it was dedicatee: and platted. From the facts so found follow as: Conclusions of Law: That pet itioner.s.-a-ia�e.--entiSled to have vacated that part of the Plat of Saga )!ills Revised, which is des`cri'F-e-d—KY-1'OTiw-g-r-- Tc,Rinninp at the `'outheasterly corner of Lot 1, ' Block 15, Sava Hill, Revised; thence Southwesterly Along the Southerly lines of lots 1, 2, 3. 4, 5, ( and 7, to the Soutnwesterly corner of said I,ot 7, 'hock 15: thence Southerly. a distance of 12 feet along, the Westerly line of said lot 7 extended; thence "outhensterly to the Easterly line of said lot G extended to a Point 45.5 feet Southerly of the Southeasterly corner of said lot h; thence Easterly to the Easterly line of said ]sot 5 extended to a point 115 feat Southerly of the Southeasterly corner of zaid Lot 5. thence Northeasterly to point of beninninr. And to the ,judcya,ent and decree of this court that .the Dart of Sap,a Hill, Revised, so vacated be adjudged to be in the name of Alma S. Howells, one of the petitioners it said application for vacation. I.et ,judi7mcnt be entered Accordinply. MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. #858 ROBERT H^WELLS 1448 PARR DRIVE VARIANCE PUBLIC HEARING 9:40 — 9:42 PM Mr. *and Mrs. Robert Howells were present. Assistant Zoning Administrator r .ron noted the certif i.cate of mailing and the affidavit of pul)lication. There was no one present from the audience fcr this application. Assistant Zoning Administrator Gaffron stated that the applicants are requesting to build a new home on the triangular piece of property. Gaffron stated that over the years easements have been taken leaving the property substandard. Robert Howell stated that he would like to keep the existing cabin for storage purposes. Howell stated that there are mature maple trees that they want to save too. Jams moved, Sime seconded, to recommend approval of the lot area and 25' road setback variance to build a new home on 1448 Park Drive subject to the following: 1. No access off County Road 19. 2. Quit claim deed over travElled roadway and shoulder to be confirmed with City Engineer and Public Works Coordinator. 3. Easements over portions of municipal sewer not in dedicated right-of-way. 4. Payment of $225.00 sewer plant charge. 5. Existing cabin is a non -conforming structure and subject to all pertinent ordinances. 6. Waive park fee in recognition of the land area that was lost due to road right-of-way. Motion. '.-Ls (13 ) , Nays ( 2) . Kelley and Callahan voted nay. keiley and Callahan felt that the non- conforming cabin should be removed. McDonald noted that the cabin is used for storage and that it is structurally sound. Tos Council Members Froms Michael P. Gaffron, Assistant Zoning Administrator Dates October 15, 1984 Subjects Ow-58 - Robert Nowell, 1448 Park Drive - Addendum The attached final proposed site plan was submitted this morning. Note the following items: A) Proposed setback from paved roadway - East end - 33 '. Proposed setback from actual lot line - East end - 17'. B) Proposed setback: from paved roadway - North side at closest point. Proposed setbacl: from newly created north lot line after road dedication - 26' at closest point. C) Access to north side c>f property. A resolution is attached. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO :CIPA1. ZONING CODE SECTION 10.24, SUBDIVISION 5(i. FILE 1858 WHEREAS, Robert L. Howells (hereinafter "the i pf ,Acant" ) is owner of the property located at 1448 Park Drive within `he City of Crono (hereinafter "City"; and legally described as follows: Saga Hill Park, in "Sara Hill Revised, Hennepin County, Minnesota" (hereinafter "property"), and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5(B) to permit the construction of a residence on a lot of 31,200 square feet in area instead of the required 41,560 square feet, and toapprove a side street setback of 17 feet where 35 feet is required and approve a f ront setback of 26 feet from the ded.cated right-of-way where 35 feet. is required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDING:. 1. This application was reviewed as zoning file #858. 2. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District. 3. The original platted area of "Saga Hill :'irk" was 0.80 acre_ Dedication of County Road 19 right-of-way rt- 'aced the area to 0.72 acres . The f urther dedication of roadway to the City of Orono will reduce the lot area to approximately 0.6 acres. 4. The Orono Planning Commissio,.reviewed this application on September 17, 1984, and recommended approval of the proposed lot area variance based upon the follc-ing findings: a) The property is severe, restricted due to surrounding road4ays. b) No other land is available to be combined with the property. c) The location of thi ^ mature maple trees on the property anO the locations of existing lot boundaries in relat_-:ntothe existing traveled roads may require that a setback r.nce is neeled f err. the east lc•t line. d) The existing cabin is a :_fal non -conforming structure and is subject to pertinent ord .�ances. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5. The dedication of roadway to the City creates a setback hardship on the front lire of the property. 6. The property has been assesses_, for single sewer unit and footage charge in the amount of $2,186.50. The $225 plant unit charge remains to be paid. 7. The City Council has considered this application inclining the findings and recommendations of the Plar.ninq Commission, reports by City staff, comments by L,ie applicant and the effect of the proposed variance on the health, safety and welfare of the community. 8. 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 distr, that granting the variance would rot adversely aifec raff:c conditions light, air nor poce a fire hazard or other danger t, neighboring property; would nDt merely serve as a convenience to the applicant, but is neces ,aiy to al le•. � ate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keepi with the spirit and intent c_ ..he Zoning Code and Comprehensiv(- Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS 1 ased upon the above f indings, the Orono City Council hereby grants a variance to the Municipal Zoning '-)de Section .10.24, Subdivision 5(B)to permit the construction of residence on a lot of 31.,200 square feet it, area instead of the fired 43,56,1 square feet, and to approve a side _ ,et setback of 1'. feet where 35 feet is required, and approve a fro,it setback of 26 fees fro... the ded'cated 3ht- F-way where 35 feet is required, subject to the fc'.'owing _)ndi t.ior►s : 1. Apr '1:cant must dedicate by quit claim deed additional right-oi -way including portions of th( should..,r, c. th_ north suede of the property along and over the trave11- portions of "iafayette Avenue". rant a utility easement sjLaounding the Applicant must g _•xist2 ng manhole an," sewer lines at the s: utheast corner of the property. 3. Applicant to pay sewer p-art unit charge cf '�',25 and Sewer Availabil .ty Charge "W.) of $425 to be toll, .ad whe., Building Pernit is is; . UNIFORM CITATION NO. 384 0 4 619 3 '.7 ■TAT( OI YINM(bTA COUNT IFOf N(MNVIM MUNICIPAL COUNT na """ '"`" "" "" N. W.— ,N,M MIeR INwiwlMlNeeem<4N„era n raw""n a NO tN.. aawdnw �a,(ZAT4 S3Q1 n.. OF I all I. nj Ro II ♦ s.r FE ❑ OR PROPERTY ❑ ACCIDENT ❑ CONDITIONS OM ` r < < '., ID otddM to Init UIN,On and VnOMtHne I%at ,1 I Iaal to dow w,ln.n Fit -^Cftlw Mn.NH< wall el ntnMe and . rp,.nl wall e. Mow In V.t<• it a wpgnl .t 4$V . t it, Ol UO w... OR, .dead 10 in. line a.rra.. a'a too.wt I&AMW "A Naadrgli.E MM1G awtrfG'y y4,rY o RM,n r Row.—.. I P, e Y raxr. I.L IS ifl. 7r[ A.RL..r Je -- LeYr .r.M,r[ a.tl.L A .,.e,.R r [ . a..ca .. r[ M... a m..`. IL I[ o—we wv.a.I[ M..r 0L l[ MwA arY.It ..eu.elesoo COUNCIL MEETt "%,,",L RNwR. y(,a.w. IL LM.wo Lrw.I[ OCT 15 1984 A 1�- MSM M py October 3, 1984 CITY OF ORONO City of Orono Box 66 Crystal Bay, MN 55323 Attn: John Gerhardson Re: T.H. 12 Sanitary Sever Repair and Ditch Grading Our File No. 13925 Dear John: We have reviewed the bids received on the Trunk Highway 12 sanitary sever repair and ditch grading project and would recommend award to P.P. Jedlicki, Inc. The following is a sumary of the bids received: F.F. Jedlicki, Inc. $13,050.00 C 4 L Contracting, Inc. $25,400.00 B 4 O Contracting $27,687.50 Engineer's Estimate $15,000.00 We have worked with the low bidder on other projects and feel that he is capable of doing a good job on this project. Yours very truly, SONESTROO, ROSENE, ANDERLIK 4 ASSOCIATES, INC. �< l� Glenn R. Cook GRC: kf _...—s ' OCf - 3 gBa "ARL TL^% �r TNR • LN SIDS Tr THER"t N%CEIV.O P.MYMAL ever TEEM NICRIUAT 12 SANITART iRK1 "FAIR 6 DITCH ;RADISO ORONO NN. RCJT(T V. FILE t). 13425 RED DPE9l9t 10:40 A.N., C.D.S.T. mIOAT, SEPTENSER 23, 1904 YNNESTR00, ROS[NT, ANRERLIN R ASSOCIAM, W. , .,ltim Eminent. 2135 Wet Trunk Ni S++.T 56 SAINT ?AM, SIMWTA 55111 rROMSAL ITEN Un.crbtSne S.YSp REPAIR A BIT" QADIINC 1. I.E. nMtCEI INC. 0,1=tit. Units Unit Taut I h... ST certify [Se[ [6i. 1. •6 exec[ •eproA,mtion of DIEe received. US. ft 9451 / C.enn R. Coo4. P.E. 2.0. L. CONTNACTIRD 1. 3 A D L'OITIEACTTNO INC. unit T.ul Doi, IO..I Cl... ee6 ROEe 1 S L.S. L.S. 100.00 L.S. 1,OW.W L.S. I,875.W n5r.+ pneim I,WO C... 4.W a,OW.W 6.50 6,SW.W 4.53 6,550.00 EA.I.. 10. .R la- tr... P,w Servo ell A AM m I0 .A " 6... it. L S L.S. L.S. 6,0m.00 L.S. 12,900.00 L.S. I6,2SO.00 S e", .✓e.e. lVlx[vn 21, ...le. AM I' t.ne.il 1.5 4. I,SW.00 2,250.0n 2,W0.00 5,040.00 I.625.W 2, 512. S0' "'AL USE 5:9 $13,050.00 925,4W.W 527,661.50 .n Win, Rr-. CNECN, CAEN n[p. .I1 AT -1' - Ad.•ss TnrP NC. 5: S2 . R. I. JEOLIC91 C. L. CONTNACT:SG 5 A D CONTRACTING INC. INC. CO. TRANS JEDLICDI DAVID SWANSON RORERT rNOVARp PRESIDENT FUSIN" DUKES 1:201 N. 62" ST. 11421 V. 474 ST. SI10 SUNSET DRIVE ROES PRAIalE,101.55144 STAG., 0. 55143 !tOUND, M. 5536 161D 934-7272 (61i) 915-0u5 (Si:) 422-5314 I1A.. Ra....., L d w o&d.wK, �y rs tG f4uaaotu, iaac. [�-; ��: ; [ IS Am. 7J X"r Jai•Wa•/. .ern I[. Y.w.l U I Il . O.i M. SSIIJ r..... ll. ,.—r o .rl k.." s.,.w,..Ir .n d/i-6J61600 COUNCIL MEETING nW "� eC YeMr)a I[. October 10, 1984 rwra. [Apra. I[ a ro ur Il OCT 15 1994 .fie hYY6s City of Oruno Box 66 CITY OF O R ON O Crystal Bay, HN 55323 Attn: John Gerhardson Re: 13921 Handicap Access Ramp Dear John, Enclosed please find Change Order No. 1 along with the final requ^at for payment on the Handicap Access Rasp at the Lakeview Golf routes. The work has been satisfactorily completed and we recommend that the project be finaled. Your@ very truly, BONESTR00. ROSENE, ANDERLIK 6 ASSOCIATES. 1NC. Glenn R. Cook GRC:ev REQUEST FOR PAYMENT DATE: October 10, 1984 PLACE: Orono, Minnesota PROJECT: Handicap Access Ramp - Lakeview Golf Course PROJECT NO.: FILE NO.: 13921 CONTRACTOR: Halvorson Construction Co. ADDRESS: 4227 - 165th Ave. N.E. Wyoming, Mo. 55092 REQUEST FOR PAYMENT NO.: 3rd 6 Final SUMMARY: 1. Original Contract Amount 2. Change Order - ADDITION 3. Change Order - DEDUCTION 4. Revised Contract Amount 5. Value Completed to Date 6. Material on Hand $ 2,395.00 S FOR PERIOD: From: July 15, 1984ToSept. 30. 1984 7. Amount Earned S. Less Retainage 0 T 9. Sub -Total 10. Less Amount Paid Previously 11. AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: 3rd 6 Final OWNER APPROVAL: $ 9,848.00 $ 12,243.00 $ 12,243.00 $ 0.00 $ 12,243.00 $ 0.00 $ 12,243.00 $ 8,420.04 $ 3,822.96 Approved By: BONESTROO, ROSENE, ANDERLIK 6 ASSOCIATES. INC. By oa te: Approved By: Halverson Construcion Co, Contractor By: 0769, Project: Handicap Access Ramp - Lakeview Golf Course Orono, Minnesota Contractor: Halvorson Construction Co. STATEMENT OF WORK Unit Contract Item Unit Price Handicap Access Ramp A all related appurtenances L.S. $9,848.00 SUB -TOTAL TO DATE.... CHANGE ORDER NO. 1 Downspouts 6 gutters Concrete Ramp Handrail Bituminous Surfacing Timber Stairway 0769c Payment No: 3rd 6 Final Pile No: 13921 Date: Oct. 10, 1984 Est'd Quantity Amount Quantity To Date To Date L.S L.S. $780.00 1 L.P. 175.00 3.0 L.P. 120.00 3.0 S.Y. 25.00 30 L.S. 480.00 1 Total Change Order No. 1..... SUB -TOTAL $9,848.00 TOTAL CHANGE ORDER NO. 1 2,395.00 TOTAL WORK COMPLETED TO DATE..... $12.243.00 L.S. $9,848.00 $9,848,00 1 $780.00 3.0 525.00 3.0 360.00 3.0 250.00 1 480.00 $2,395.00 /3ela*dA", Rad. , aw.a rr U—L �. t r.,.o. r r n.wr ..wr ^.... rr ✓,.w. rr r.-la.ol..lap COUIP r-MEETIF6=1 Z. , .- It October 10, 1984 rw.... xA.a rr OCT 15 iy�� �.°.u;:.r City of Orono CITY OF ORONO Box 66 Crystal Bay, MN 55323 Attn: Mr. John Gerhardson Re: File No. 13922 Willow Drive Overlay Dear John, Enclosed please find a resolution for the variance request on Willow Drive for the vertical curves north of Watertown Road. The variance is necessary as there are two vertical curves in this segment which do not meet the 40 mile per hour speed limit requirement. We will have to rebid the Will.. Drive project at such time as the variance requests are approved as the low bidder is not willing to hold his bid until next spring. If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSENE, ANDF.RLIK 6 ASSOCIATES, INC. �. K-4r� Glenn R. Cook GRC:li Encl. 3812c City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION REQUESTING A YARIARCR FROM CURRENT MUNICIPAL STATE AID STANDARDS A resolution of the City of Orono, Hennepin County, Minnesota requesting a variance from current Municipal State Aid Standards. WHEREAS, Municipal .State Aid street 101 (Willow Drive) was constructed with a vertical alignment which provides for a 30 MPH design speed on the Hill Crests @ 45t40 and 58+22. NHERXAS, reconstruction of the present roadway to correct the vertical alignment would not be in the best interests of tha City because extensive work would be required with no significant benefit. WHEREAS, the vertical alignment problem can be mitigated by properly signing the street segments for a 30 MPH speed limit. NOW, THEREFORE, be it resolved by the City Council of the City of Orono, Hennepin County, Minnesota that the City Consulting 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 152-161-98. The question wan on the adoption of the resolution and upon a vote being duly taken thereon, the following voted in favor thereoE: The following voted against saiaia: WHERRUPOM, said resolution was declared duly passed and adopted this 15 day of October, 1984. Mary C. Butler, Mayo[ ATTEST: Dorott; 11. Willi i, dity Cli[k fvNo, WS RePOH ANF'INSON, HOWRICKWN R CO. CERTIFIED PUBLIC: ACCOUNTANTS Park National Bank Building a 5353 Wayzata Boulevard. Suite 410 a Minneapolis, Minnesota 55416 a 612-545 0421 To the City Council. City of Orono Crystal Bay, Minnesota tie have performed a special examination of certain accounting records of the City of Orono as requested by the City Council and agreed upon in Our arrange- ment letter dated September ], 1984. The purpose of the examination was to determine to the extent practicable, the potential of irregularities, if any, in .he City's finances. The examination was limited to only a search for obvious signs of irregularities in the current accounting records. The results of our axamination are summarized as follows: a) Authorization of Sick Leave Comps nsa tion - It appears that 600 hours of sick leave was added to a City employee's payroll records in 1982 in addition to the normal annual accumulation of sick leave. The total additional 600 hours increased sick leave earnings by approximately $10,000. Documentation of the Council approval for this compensation appears insufficient and was not verified farther by us. It is for the Council to decide Whether this compensation is Proper. We suggest that future actions of this nature be more clearly documented. bl Payroll and General Disbursements - Nothing came to Our attention in our testing of payroll and general dis- bursementa that indicated irregularities. c) Expense Vouchers - Nothing came to our attention which indicated irregularities in Our testing of employee expense vouchers. It was impractical to verify if reimbursement. for luncheon meetings, ur similar expenses, were actually for those activities. d) City Receipts - Receipt testing focused on accessibility of receipts to City employees. It was determined that minimal testing Was necessary. Nothing came to our attention which indicated irregularities. Understandably, the City Council requested this examination to be completed without delay. We therefore limited our examination to a quick datenminatlon of obvious types of irregularities. New developments may appear as time elapses. >fti ,Ann) WITH NATIONAL CM GAOIIP 6 MFMBFR FIRMS IN PBNICIPa1 CnWS Had we performed additional procedures, or had we made an examination in Accor- dance with generally accepted auditing standards, other matters might have cane to our attention that would have been reported to you. Because the preceding procedures were not sufficient to constitute an examina- tion made in accordance with generally accepted auditing standards, we do not express an opinion on ery of the specific items referred to in the preceding pdragraphe. This rep should not be associated with the financial statements of the City of Orono This report in solely for the internal use of the City's Management, Council, and City Attorney. It is no', to be referred to, or presented to, any other parties for any purpose oecause of the restricted nature of our work. Certified Public Accountants Minneapolis, Minnesota Bentember 18, 1984 COUNCIL MEETING OCT 1 5 I96.1 Tot Orono Council Members Froms John R. Gerhardson, Public Works Cordi CI oCITY OF O RO N O Dates October 12, 1984 Subject: Preliminary Plan - County Road 15 - Review & Discussion On Friday, October 12, 1984, Hennepin County submitted preliminary plans for County Road 15. These plans will be available for review and discussion at the council meeting, October 15, 1964. ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 795 OLD CRYSTAL WAY ROAD COMMOMIiY EDIICAMN LONG LAKE, MINNESOTA 553M e Toil lER61ARD DIRECTOR DE COMMUNITY EDDCATION 17T-IM79 LMl6! (ErtE1, ICi1N6 bVY PNINi(M a[Ni INDEPENDENCE -LOND LAKE -M PILE PLAIN - MEDINA- MNIIMTONKA SEACN -ONONO 1{{l tOtTX( {1H['� Ml[NMMt COUNCIL MEETING OCT 15 1984 September 20, 1984 CITY OF ORONO To: City of Orono From: Orono Community Education, Brian Bergstrom, Asst. Director I am enclosing the final report on the 1984 Summer Recreation Program. This year we served 979 children from the district. This is an increase of 230 over the previous year's total. We did not charge the participants any fee except for swimming lessons and trips, which both were self supporting. The cost of the Summer Recreation Program is shared by each city and Orono Community Education. Each city pays 50% of the cost of the program based on the number of children that participated from your city. Community Education pays for the remaining 50%. The amount requested from Orono is $897.95. We do plan on offering this program again next summer. We will make some changes based on the recommendations of participants and staff. We hope that your city will want to continue to participate in this program. I'd like to thank your city for cooperating on this worthwhile program. We have found this program to be a very positive offering for the residents of each city. ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 795 OLD CRYSTAL SAY AD COMMUTATY EDUCATION LONG LAKE, MINNESO A5535S e TOMI BERGLAND DIRECTOR OF COIVRENITY EDUCATION C73•079 INDEPENDENCE - LONG LAKE - MAPLE PLAIN- MEDINA- MINNETONKA REACH-OKONO OMESf SWVP IN A E{XXOU •C11H0 tVPE MIXTEMOEMT .E{I TO IXI {VPIIUXiF XOfMi SUMMER RECREATION PROGRAM 1984 FINAL REPORT 1984 Orono Community Education Summer Recreation Program - June 11 through August 3. In cooperation with the following cities: Independence, Long Lake, Maple Plain, Medina, Minnetonka Beach, and Orono 1 have not included -.wi mming lessons and trips in this because they are self supporting. EXPENSES Total Workers' Salaries $6057.50 Supplies 668.72 TOTAL EXPENSES $6726.22 AMOUNT REQUESTED FROM EACH CITY (This is 50% of the cost for each city for running the program. Orono Community Education will cover the remaining 50% of the cost.) Independence $470.84 Long Lake 645.72 Maple Plain 901.32 Medina 289.23 Minnetonka Beach 158.07 Orono 897.95 $3363.13 Amount paid by Orono Community Ed. 3363.09 $6726.22 PARTICIPATION 1984 ;?v PLAYGROUND SPECIAL EVENTS Y AMP AR S S RAFTS INY S A L M MM • RIPS' :. A' Independence 32 13 21 22 12 100 1 14% 34 15 149 Lonc Lake 45 28 I 26 28 9 136 19.2% 22 I 40 198 .Maple Plain 56 38 37 35 24 190 26.8% 35 46 271 eiedina 17 13 13 15 3 I I 61 8.6% 13 15 89 eiinnetonka 12 4 0 12 5 33 4.7% I 0 3 36 Beach ;Grano I 54 37 36 39 I 13 189 26.7i 12 35 236 !TOTALS 216 133 113 151 66 709 100% I 116 154 979 ' No charge to cities - children paid the fee to cover the costs SUTARY OF SUMMER RECREATION PROGRAM 1984 CITY S OF TOTAL PARTICIPATION SUPPLIES WORKERS' SALARIES TOTAL COST AMOUNT REQUESTED (SOZ of total) Independence 14% $93.62 $848.05 $941.67 5470.84 Long Lake 19.2% $128.39 $1163.04 $1291.43 $645.72 Maple PlAin 26.8% $179.22 S16:3.41 S1802.63 $901.32 Medina 8.6% $57.51 $520.95 $578.46 $289.23 Minnetonka Beach 4.7% $31.43 $284.70 $316.13 $158.07 Orono 26.7% $178.55 $1617.35 $1795.90 S897.9S TOTALS 100% $668.72 $6057.50 $6726.22 S3363.13 ORONO COMMUNITY EDUCATION SUMMER RECREATION 1984 LENGTH OF PROGRAM The program started June 11 and ran 8 weeks through August 3. Morning sessions lasted from 9-12 noon. Afternoon sessions lastec im 1-4 pm. Special events were scheduled for Monday afternoons from 1-4 pm. Each city had two half days per week of playground for their children. The program was set up so that it was possible for a child to participate in something on each day of the week: two days of playground, a special event on Monday, Day Camp on Wednesday, and a Trip on Friday. SPECIAL EVENTS The special events were planned for all children in every com- munity to attend. The sites alternated between Holbrook Park, Long Lake; Rainbow Park, Maple Plain; and Nelson Beach, Long Lake. The special events were Superstars, Costume Party, Water Fun, Bike Trip, Allmost Anything Goes , Track Meet, New Eames Day, Movie Star Day, and a Carnival. DAY CAMP Every Wednesday for the duration of the program was spent out at the Day Camp, Baker Park Reserve. Hours were 10 am. to 3 pm. The children from all the communities were able to parti- cipatz ;n the Day Camp program. Activities at the Day Camp were nature games, hiking, swimming, and outdoor barbecues. We averaged 50 children for each day camp, which made it the best attended part of the program. TRIPS Six trips were planned for the summer program. Two of these trips were cancelled because of insufficient registrations. The trips were planned with Westonka Community Services. We had 53 attend the Twins game, 34 attend the Minnesota Zoo, 50 attend Valley Fair, and 30 go to Circus. OVERNIGHT CAMPING We had 41 children participate in two overnight camp -outs. These were held at a croup campsite at Baker Park. SWIMMING LESSONS We offered beginner and advanced beginner swimming lessons at Lake Independence and Long Lake. 85 students participated at Lake Independence and 31 at Long Lake. TOTAL ENROLLMENT The total enrollment for the program was 979, which was an in- crease of 230 from the previous year's enrollment. STAFF A total of 21 workers were employed for the summer. This in- clude„ 3 college assistants and 18 high school workers. Staff members worked between 10 and 30 hours per week. The three assistants were in charge when the Summer Recreation Director was not at the park site. The workers were scheduled, 1 per every 10 children registered. The staff worked at the site which was closer to their owe home, except for the assistants who worked at more than one site. A mixture from each site worked at Baker Park Day Camp. The rate of pay for the wu rkers ranged from $2.50 per hour for a 1st year high school student to $4.00 for a third year college assistant. Many of the workers have worked for several years in the program which is very helpful to the Sumner Recreation Director. COUNCIL MEETING Telephone: e737719 Dwpmth: See 9511 Emer9en": 911 OCT 1 5 1984 City of ORONO CITY OF OROW OM,. aa. 99 • Cry.W Bay, Mi.m to 5532:1 • Munitipnl Ofrirer On the North Sbore of Lake Minnetonka Police Department 415 Willow DA M.N W.H.Jk, 55056 MN. MOO Clef of Polite October 4, 1984 Loretto Towing Cty. Rd. 19 h Hwy. 55 Loretto, MN 55357 Gentleman, The Orono Police Department has received a request from Perry's Truck Repair of Long Lake to start towing for us on the north side. We have decided to grant that request starting October 19, 1984. We will, of course, use Loretto Towing for a back-up and upon citizens request. I wish to thank you for your fine service accorded to the police department throughout the long years we have worked together. I wish to emphasize that this change is taking place because of the numerous requests by the public and officers for a more centrally located tow and impound lot. Again, I would like to ray we have been and are happy with our association with you. Sincerely, AQ Melvin Kilbo Chief of Police CC: Perry'■ Repair Mayor Kunze-Long Lake MK:sb Memo #84-57 COUNCIL MEETING OCT ) 5 I984 TO: City Council CITY OF ORONO FROM: Tom Kuehn, Finance Director FROM: October 9, 1984 SUBJECT: ordinance Amending Council Salaries Attached is an ordinance amending City Code, Section 2.17, as prepared by Municipal Ordinance Cndifiers, Inc. The purpose of the amendment is to adjust the Mayor's monthly salary from $262.68 to $275.90 and each Councilmember'a monthly salary from $210.35 to $220.00. The changes will be effective January 1, 1985. Lender Minnesota law the salaries of the mayor and cuunei 1 may be changed by ordinance at any time, but the change does not take effect until after the neat municipal election. Thus the salaries are set for at least two years. The ordinance must also be published before the election (November 6, 1984). MUNICIPAL ORDINANCE CODIFIERS, INC. Orono City Offices Box 66 Crystal Bay, MN 55323 Attention: Tom Kuehn Gentlemen: 7400 Lyndak Avenue Sau:h Mheuapoha. mkmeaou 55421 Area Code 612 W2403 October 2, 1984 Enclosed is a proposed draft of an ordinance amending City Code, Section 2.17. Very truly yours, MUNICIPAL ORDINANCE CODIFIERS, INC. Lorraine E. O'Reilly, Codifier LO/ag Encl. ea - 21984 TVQF_QEIi'' ORDINANCE NO. , 2ND SERIES AN ORDINANCE OF THE CITY OF ORONO, MINNESOTA, AMENDING ORONO CITY CODE CHAPTER 2 ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY CHANGING A PROVISION RELATING TO SALARIES OF THE MAYOR AND COUNCIL MEMBERS; AND, BY ADOPTING BY REFERENCE ORONO CITY CODE CHAPTER I RELATING TO DEFINITIONS AND GENERAL PROVISIONS. THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: Section 1. Orono City Code Sec. 2.17 is hereby amended, to read: SEC. 2.17. SALARIES OF MAYOR AND COUNCIL MEMBERS. Subd. 1. Salaries of the Mayor and Council members, effective January 1, 1985, and which amounts are deemed reasonable, are hereby fixed as follows: A. The salary of the Mayor shall be $275.00 per month, paid monthly. B. The salary of each Council member shall oe $220.00 per month, paid monthly. Subd. 2. In accordance with Minnesota Statutes, Section 415.11, any changes in the foregoing shall be by ordinance and shall not take effect until after the next succeeding City election. Section 2. Orono City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect and be in force from and after the date of its passage and publication. Passed by the Ci.y Council this day of _ 1984, by a vote of ayes and ___ nays. Mayor ATTEST: City Clerk Published: 1984. l _ COUNCIL MEETING DATE: October 9, 1984 OC 1 1 5 Iqa� TO: Orono City Council FROM: Chief Mel Kilbo CITY OF ORONO SUBJECT: Step Increase, Officer Steven Pearson Officer Steven Pearson will have completed his third vear on October 5, 1984, and is eligible to go from the second year pay rate "1983 Contract" to the final steo of $2204.80, the third year step "1983 Contract". Mr. Pearson has become an excellent officer. As you recall, he was inexperienced when we hired him, and is nuw a valued member of this department. I request that the increase be effective as of October 5, 1984. Memo 484-58 COUNCIL MEETING OCi TO: City Council FROM: Tom Kuehn, Finance Director CITY OF O R ON O OBTB: October 9, 1984 SUBJECTt Denial of Request Pot Donation We have recent'.y received a request from the Minnesota National Guard Enlisted hesoaiation to buy an advertisement in their conference program. I have informed the association's representative that, while the organization Tight well be worthy and worthwhile, we cannot participate because their pf imary purpose is lobbying for legislation favorable to their views. %a stated in their pamphlet, their "Primary purpose is to suggest and support legislative action which will favorably affect the military staLus of the united States and the security of Minnesota". I have attached a copy of their pamphlet for your information. ARMY NATIONAL GUARD Smil mostoion, the Army National Guard has Veen assigned both stale and ' laderal maMions. In peacetime it perloma duties ion lid, states and territories and a Wnenanded by each of the govamae and asW IYMa general SuppodYp civilian authnritw in coil dosorden and natural d*Won I$ the Yea mlaslpp Of the Guard, but It a" has a wow miesbn M lima of vow a provide trained and equipped units for con" To Inwn IS capaasity b tW beta roles, bantrg b lie key. Guard ergs travel evenaaa and to dinner webs 10 wok with aces, Amy antem afferent arnirMnd,nta. Treason rlpporltnttas gyve Ouwd,lib teener eainong W enaoo aclrva Army WMs to bonder understand And ep- pooleta lea capabYties of over counterpart in the Guard. The A" Naa^alal Guardhos proven its sallls in every conflict involving that U.S. wrlo colonial times and on hundnd6dbcwantwgartcea. b b a ready lorcetobey. AIR NATIONAL GUARD O n a rrnmen! 5 mce, athe Air National Guard s 1 reedy to expand the Arc fora's bighting capabllry, with try irg and specialized ground sup port units. It has stood art defense Stan for 25 years and has as Sunni Nl rear mesons providing detect Support daly to Mai Feu well, a modern inventoryf aircraft M order to be ra" for maon¢aaon. Air Guard unns we assigned b active Air Force commands ,rah as bbeah tern g standards, ad rasa on tactical prover, aeon, W klepwt and vMUMS mar readneu to wrwar lid, call. M addol to me Iedanal mean, they ha, a stale taasbn W provide a traded, equipped and declpkred R,i 10 Protect lives W p,opedy while Preserving Reap and public am" dunrg dsasers, war deorNrs NWOIP remergarldas. The Air NatlorlN Good 15 a veal organization for the atria in peepBfpe w1d an rmpor a t pad of Me Total Fero Im els poll in tine of war I AM THE GUARD Civilian in Peace. Solder In War.. of secunly and honor, [or three centuries I here been Me custodan. I am the Guard. I was wan Washington in the don lioness, fought IN wily warrior, and watched the dark night bow to the morning. At Concord's bridge, I Jred the lawful slot heard 'round the world. I bled on Bunker NIII My loop prints marked the Yaws at Valley Forge. I pulled a mother oar on Ihe barge Mat bndged IN ay Delaware. I stood with Washington on May s in-drencred Ngh1S of Yorktown. I saw the sword Surrendered I am the Guard. 1 pulled the trigger Mal booed the long rifles havoc at New Orleans. These things I knew-1 was Iheref I saw both sides of the War beMeen the Stabs -I was there' The hill at San Juan felt the fury of my charge The let poll and mountains of the Philippines echoed to my shoal On IN Mexican border I slooa ..l am the Guard. The Dark forest of the Argonne dazed wish my barrel Chateau Thisrry crumbled to my meson. ads. Under the arches of victory I metered in logics l was Inetet I and the Guard I bowea briefly on the gram Comegidor, ten saw the light of liberation shred, on IN laces of my comrades. Through IN jungle and on IN beaches, I fought the enemy, Net, bahered and orW him. I raised our banner to the we. au on Olunawa-I scrambled over Normandy s beaches -I was Mora! I amthe Guard Arsouthe 390, Palaael l malemy stand. I flew MIG Alley -I was Merest ...I am to Guard. Solder m or ciwllan in pasbe I Sun Inn Guard I was at Johnstown, where the raging wean boomed down Me valley. I created the crying Chid in my amps and saw the terror leave her eyes I moved through smoke and flame at Texas City The stricken know the co mfod of my skill I dropped the fond that fad the alarming West on the frozen heft of lid, west and through the kwemrg dens I ploughed W rescue the marooned I nave fecal forward to the IorreOo, me typhoon, and the homer of Me hurncwa and hood - these things I know -I wall Moral...I son the Guard I have bought a more atmdam, a fullal a finerale to out youth. Wherever a strong arm and Paled sPrrq moral defend IN Nab d. in peace or war, where a tab crass. or a woman wasps in Imo of deaYer. Mwe 1 steno I am the Guard For Mres centuries a sober in wara civilian in peace -of security and honer I am the cus todien, now and forever Iam IN Gnard MINNESOTA NATIONAL GUARD ENLISTED ASSOCIATION Conference Program P.O. Bur, 016. Ylnnsspold, NlneNwa 554% Deer Friend � Thank you', you Mlerest In alto 1 Guard Enlisted Association. The National Guard is more important to our National Defense than ever bebre. II makes up 33 % of our combat forces. The National Guard Association is a non-woM1I MganaAW made up of National Guard members *h— priel Pfloae is to suggest and support lagIstaff" action w eddi will favorably steel IN military slit_w 01 ffn Undid Sul and IN security of Minnesdte r e A, rI 1 r?.L We are in IN process of compiling the Nallgow Guard Enlisted Association conference Prowam�ytapogram will contain paluas of the Army and Air National Guard in action in the state as well as imponanl information about Me Assocalri The Program books will N detnbded at IN annual conference Md to each National Guard Armory throughout the state. As an advemser your firm would benefit horn to good wtl that is generated when your company well is Men In support of IN ireporters work of the National Guard Association Most People ask us In write institutional type ads but we will be happy to WNza your personal as copy if you Prefer. Thank you very much for your imarW M Ine National Guard Enlisted Association. I .,It N in (ouch anon. RATES AND SPECIFICATIONS Size of Program: 61;2x 11 l'rreeMl: Offset Full page... ......7-t/2' if IV . ... .... $727.00 12 page .......... 7-1/7'x S"... ..... ... a79.00 1 a page . 3 314 x 5.............M.00 LB page 3-3/e" x 7'-..... ....140.00 115 column _1.719" Is 2....... .....106.00 Color Avalbplit-Tea D9dti*U Cordially. Program Representative m Ymw.al�gGre• Yl1ir/e wr muruiy.S.0 aLr.;y+o irtwlo.Hm.4any-.vntims/x.r� �fntt, n�uv (� /lau rrfr nlims mi4tarq�smes Ltpe .rro u.SMnGuwhr fii<<arnn.�. etda✓orrnewrpils,v� G4e«efiur.daia►A.nledsa Gy ab �vrL�rrvintd, rcM�/�dr./nn./ Kw s to O �L o �0 n Ig 4_ 7C� v' c° 2 U'a z a8 — O < W = 7 cOC ONu �1 Z = Z W f � in A COUNCIL MEETING OCT 15 1994 TO: Orono city council CITY OF ORONO PROM: Joan Lattin, Assistant Finance Director DATE: October 12, 1984 SUBJECT: Hennepin County Assessor's 184 Fall Sales Ratio Study Tom May, Ass is tent ASeess Or for Hennepin Countywil l be available to go over the 1984 Fall sales Ratio Study for the City of Orono on October 16th or October 17th. The'84 Pall Sales Ratio Study is the sales ratio that will be used for projecting 185 assessments. Rolf Erickson the City Assessor wi.i be meeting with Tom May to go over the study and should any Council member wish to meet with Mr. Erickson and Mr. May to review the study please contact Mr. Erickson or myself on Tuesday morning so a meeting time can be scheduled. City of Orono P,O,Box 66 Crystal Bay, Minnesota 55323 Net Sanitary Sewer Improvements Project No, 84-6 To whom It May Concerns October 3, 198b COUNCIL MEETING CCr 1 CITY OF ORONO It is discouraging to discover after spending forty—five year, of our life in tb< work force, the last twenty years of that time as a part of this canmiwity aM looking forward to retiring, that our elected officials by the proposed sewer assessment may make that Impossible. It teems to us that similar proposals surface, each time the regLe change, and it Se certainly discouraging for us, tr,4ing to budget for retirement In we live in the shadow of unbudgeted assessments, We are opposed to this assessment, we are angered that our seemingly loss of freedom in a democratic society created to guarantee this freedom, can be overriden and the will of the many can be disregarded for the sake of a few, VH Rt crr I. 0 504 j Sincerely, its or me . r .nge ei COUNCIL MEETING Tot Orono Council r _aers OCT 15 1984 Froms John R. Berhardson, Public Works Coordinator CITY OF O RO N O Dates October 3, 1984 Subjects Funding Crystal Bay Area Sewer Project In July 1983 the City of Orohno applied for funds available through the "Jobs Bill" Brant Program to assist in the costs of the construction of the sanitary sewer project in the Crystal Day area. In August of 1983 we were informed that our request was denied because the amount of the Crystal Bay sewer project would have tat.en all the monies allotted for the "Jobs Bill" program. In July 1984 we were notified that the "Jobs Bill" program was allotted an additional 108,816. 1 presented our application for the funds to help offset some of the costs for the Crystal Bay sewer project. On October 1, 1984, 1 was notified that the City of Orono's request was again denied. Attached is a memo from Hennepin County showing how and where those funds were distributed. I 1 3I984 I J MEETING SUMMARY CITIZEN ADVISORY COMMITTEE ! `I 1983 JOBS BILL ADDITIONAL APPROPRIATION -- URBAN HENNEPIN COUNTY CDBG PROGRAM September 27, 1984 The Citilsn nd.isory Committee convened to recommend the reprogramming of runds recaptured from previously approved Jobs Bill activities which had not met established implementation schedules. Chair Mark Eckes, Vice Chair %y Johnson and Elaine Ask were Committee members in attendance. County staff representatives were Robert Isaacson and Barbara Hayden. Requests for funding for sixteen activities from sixteen program partici- pants were received and presented for review and evaluation by the Commit- tee. A summary listing of the activities and representatives who attended to present their agency's request is as follows: 1. Hennepin County Training and $69,500/Diseased Trea Employment Assistance/ Removal Dave Hare, Gary Van Beusekom and Kirk Brown 2. Brooklyn Park 31,500/Park Improvements, 3. Corcoran/Robert Derus 4. Crystal 5. Dayton/Shirley Slater and Earle Strande 6. Excelsior/Robert Dietrich 7. Hanover/Gail Lippert and Barbara Irvine 8. Loretto 9. Maple Grove 10. Mound Handicapped Accessibility 40,000/Housing Rehab 50,000/Commercial Rehab Loans 49,400/Neighborhood Revitalization 25,000/Park Building 30,000/Public Improvements 4,000/Sidewalk 90,500/Employment and Training 25,000/Economic Development 11. Orono 1,112,900/Sewer Construction 12. Plymouth 13. Robbinsdale 14. Rockford 15. Rogers/Gary Eitel 16. St. Anthony 100,000/Business Expansion 100,000/Downtowr Renewal 17,600/'Walkway 77,500/Sewer Construction 6,500/Assisted Housing Site Clearance Isaacson explained that through a misunderstanding between the Hennepin County Office of Planning and Development and the Community Services Department, the status of the Day Care/Newly Employed activity had been wrongly reported to the Committee August 23, 1984, at which time f2' —10 was recommended for recapture. In fact, over $30,000 in service ?n provided through July 31, rather than the lack of activity repor The level of service was stated in a memo from Shirley Hendrickson, F ,..,m Administrator. Ms. Hendrickson projected that the entire $42,000 apprcved for the activity will be utilized by December 31, 1984 and will be warranted as soon as possible. The Committee acted to reinstate the $21,000 to this activity, thus excluding that amount from reprogramming. The Committee began deliberations toward formulating a recommendation on the reprogramming of the $108,816 in recaptured funds by inviting the representatives in attendance to present the requests from their agencies. Each representative spoke to their request and answered questions. After the presentations, the Committee went through the remainder of the requests submitted. The Committ• las generally impressed by all the requests and sympathetic to the is expressed. Upon deliberation, the Committee acted to recommend to the County Board that the following four ectivit'.es be approvel for funding: 1. Hennepin County Training and Employment Assistance 2. Dayton 3. Corcoran 4. St. Anthony $69,500/Diseased Tree Removal 25,000/Neighborhood Revitalization 7,816/Housing Rehab 6,500/,Assisted Housing Site Clearance The (lays and Means Committee of the Hennepin County Board will hold a public hearing on the recommendation at 10:00 a.m., Thursday, October 11, 1984 and pass its action on to the County Board for approval on Tuesday, October 23, 1984. mlg %I COUNCIL MEETING OCT 15 1984 To: Orono Council Members CITY OF ORONO From: John R. Gerhardson, Public Works Coordinator Date: October ', 19B4 Subject: Letter or Response - Governor Perpich's Office to Ms. LaDean McWilliams Attached for information is a copy of a letter from the Minnesota Pollution Control Agency to Ms. LaDean McWilliams regarding funding for the Crystal Bay Sewer Project. / Minnesota Pollution Control Agency October 1, 1984 Me. LaDean McWilliams Crystal Bay, Minnesota 55323 Dear Ms. McWilliams: Thank you for yruL letter to Governor Perpich concerning sewerage problems in the area of Crystal Bay. The Governor has forwarded your letter to this office, and has asked that I respond on his behalf. We are aware of sewerage problems in the area of Crystal Bay and the City of Orono. On December 29, 1983 and May 1, 1984, the Orono city Administrator, Mr. Walter A. Benson, wrote letters to the Minnesota Pollution Control Agency (MPCA). In those letters, he requested the placement of Orono on the Municipal Needs List which is a list of communities in the State having a need to construct wastewater treatment facilities that are eligible for grant assistance. He also indicated that Crystal Bay is one of the areas the City wished to complete sewer construction. On May 11, 1984, Mr. Benson was sent a letter which explained that the construction of sanitary sewers is not eligible for grant assistance in the Federal and State Construction Grants Programs. Therefore, we could not place the City of Orono on the Municipal Needs List. However, we suggested the City contact the Farmers 11ome Administration and the Minnesota Department of Energy and Economic Development for possible financial assistance to construct the proposed sanitary sewers. I am sorry the MPCA cannot provide your community with grant assistance to alleviate the costs of sewer construction, especially to those residents living on fixed incomes. I do suggest you contact Mr. Benson to see if he was successful in acquiring grant funds from other agencies. pnmy 612/296-7301 1935 West County Road B2. Rosawse, Minnesota 55113 2785 Re,enal Ottces • pWtiv8,anan,;Dasa1 Lakes Me"Rocnesier Eq,,a, OaautunyEa ate,. y Ms, iaDean McWilliams Page 2 October 1, 1984 Again thank you for your interest in this matter. If I can be of further assistance, please do not hesitate to contact either myself or Mr. Orbbie K. Webber of my staff at (612) 296-7253. Si1e'rllely, Thomas AKa ski Executive Director TJK:rbj COUNCIL MEETING OCT 15 W4 To& Orono Council Members Froms John R. Berhardson, Public Works Coordinator CITY OF O R O N O Datei October 12, 1984 SubJectl Snow Plow Purchase - Street Department Currently the street department performs snow removal with four single axle dump trucks with fixed angle snow plows and two 3/4 ton 4 W/D pickups with 8 ft. hydroturn snow plows. The larger trucks and plows remove snow from the street and the smaller trucks with hydroturn plows plow and clean up the dead -ends and cul-de-sacs. For several years we have suggested to plow manufactures to build a plow for the larger trucks that have the versatility of a smaller unit. Thereby eliminating the need for two different vehicles to perform one service. The manufactures now have the product that we have been looking for that is constructed well enough to stand up to our use. Therefore, I have received estimates for one plow under- carriage and hydraulics installed for $4,358.00. Monies are budgeted for this purchase in revenue sharing. QAY� ANCER SON BL BCNSON YR BC922EN SA BR INER CA BRTNK4AIJS JF Bua"ASTdR Y0 CARLS CN YJ CH.- SYICK 5B E �3cNHOC OL ec�OKeny JJ ER ICKSON <R FRITZL!0 JM u AFFR Ji wo GCR44ROS O4 JR i PEENOU IS' M0 GHCV00Y JO GRIFFITHS 3E MALLIR )M HANSEN Sc H44slhG CJ HEIIVINC JP HIJUS CA JA:JBS Ti 134 NS 'J J)H9S9N BP K: LP9 'M K:HNYCZUK P KAWTSJ"1 CA KIIRMEL OL KUEHN T4 L47 T IY JC Mw9UST4 JA M.1U EL C4 MCGOWA04 LR M JP]JCZYAi J MR3SS FT 44:.8 TL 01S ^0 O Pr. :E.A 1L O.MAN LE PALTER co P-AQSCN SC P: TER SON RY j: CLCY JE PP.: YO of 044ST NA R)TCRAFT OE SASS .1J SELLNE4 CL SELSTAO rA SK 7E Et. 7S P A Y 4 9/ao318 Y-T-O .... _ . . DIY / 6F^3S GROS< EXPIAL LOY 31 20716.16 1127.48 12 33668.47 1687.44 31 11582.37 542.30 9C 189.00 146.J0 42 20933.81 1105.^9 31 22947.78 1143948 92 21741.73 1`94.95 31 22191.68 1:92.72 97 9593612 4FC.80 73 21!4.75 123.75 31 2,2981e64 1303.BJ 31 215C6.34 1317.60 33 17629.dC 966.30 42 26Z19115 1314.J8 97 16C.:C 12K,'0 42 1eY33.61 922.24 31 21749.12 1322*48 12 14516961 464.6S 42 169(.7.36 128.00 31 4'_06.52 132.JO 9; 1917.54 113.10 9) 11196.59 562.44 33 13518065 928, 56 13 25S91z8 C430 31 2.428.32 1217.63 31 28192.32 1414,24 SI 21287.56 1.17.61 15 gZ592.:7 665.<O 93 0.30 11.".0 15 24646.51 1235.28 15 15112.96 786.J8 33 22345.:4 1174.R8 9^ 29r,"A 118.59 9! 2:172012 1^11.14 31 21PS2.38 117C.24 61 14856.57 712.56 12 7!4.173 56C.70 93 335.J2 '9^0 4Z 15OP."D 72�.)0 33 6:55.5J 53'9'0 31 265.76 35.63 31 213C7.93 984.70 71 498.76 45.J0 31 21 716.58 1:r17. 6r` 12 2582.18 73.10 92 15)96650) R91.88 93 263,20 ilia 42 16576.55 424.15 93 1921,90 178.13 93 73.70 ).30 42 16371683 424.'0 C:TT OF CRJ'1` 0 A T A 1_T.D . _ _ _ _ . EMPL=NO N:ME Div GROSS GROSS ETF/ALLOY SLIGO SR 93 150d.3O 137.35 SMITH JR 92 17936.92 875.20 0 ST CF F_I14 Al RE 93 18467.60 926.30 S TE VEhS SO 93 168O.00 140.30 SUTTOh 'E 12 P570.73 551.25 T3MC2TK MY 31 2C933.94 1173.24 CJUHT 0440 39.508.92 4 PAID r`52 TOTAL 07557 TOTAL TOTAL FICA TAX OROat = 19.574.47 r4nLOVERS FI:A A = GP3UP H'ALTn B = PHTSICIANOS HEALTH PLAN C = BLUE CO3SS/BLUE SHIELD 0 = MEDICAL CENTER PLAN E = PRUDEhTTAL F = C0J=0. HEALTH CARE 6 MIA%E!OTA MMJ H = TRANS-AMSRICA OCC. I BAhKEIS LIFt J = MUTUAL SERVICES K s MUTUAL OF OMAHA L = EMFLOTE79S RENSFIT 11 = AE7%A N = NIC%LLT SITEL C = LEAOUL '1F CITIES 1 = HEALTH SAFE MA N T ACCT. HISSING MCSD CODE FOR S)ME r4VL'S CITY IF�P OV3 EM PI A NA►C OIY Y. .n 1 GRSSS GRIS" EKC7ALLOJ AROEASON OL 31 21733.76 1U17.60 BCh504 RR 12 35355.91 1687.44 B]FZICN SA 31 12184.63 602.56 BPI6CF CA 93 306."Q 126090 BAINKFALS JF 42 21980.05 1046@24 BGAPASIER WO 31 24US1.4C 1143.601 CAPLS.-N LJ 92 21778.37 1036.64 C:+::HICK ;B 31 25284.4� 1g92.72 E" L'.R000 OL Y; 10f73.Y2 4P.0.°0 EPICMECN OJ Y3 2319.7S 135."0 ER;CNSCN KR 31 22304952 1322.-d FAITILER JM 31 2ZS23.96 %17.L7 GAFFACN MP S3 16595,81 166.00 GEkwAROSCv JP 41 27533.15 1314.08 ;AE IN cur SI MO 97 768.7A GRL;CAY JO A2 19855.•5 422.74 GRIFFITHS GC 31 22758.62 1017.60 HALLIN OM 12 15317,43 80C. 42 PMEN SC 42 17157.4C 3SU. 4 NWr NG CJ 31 4191.52 IR3. :'0 N:hR 2!.E JP Y7 1911.'7 93.55 H:GUS PA 97 11757923 56L, .44 JAC OB3 TJ 33 19447.71 9ZF.56 J3Hh5 RJ 90 2559.+8 0.:0 r'O 1-h3GN BP 31 21445.92 1a17.60 K.LF.O PH 31 296C6.56 1414.24 K:0h1Cj4% H 31 22457.=.c 1174424 K kU T SO4 CA 15 13295011 707034 KRIMMEL OL 93 C.CO 0.;0 KUEHN TK 15 25882.09 1235.28 L 4T 1Ih JC 15 15P990C4 786.:R MAEI,STH JA SS Z3519092 11F4019 M AP. 9EL CM 9- 3156.C4 1860i0 MCGOWAh LR 9C 21183.76 1011.^4 P00ubCZYNS J 31 22972.32 I170.74 MRCSs FT 61 15571.1! 712.56 N A1.P TL 12 1344.L0 56^.CO CAS 00 93 330.U2 ".^0 ORRIEh 0L 42 1242.^0 234.00 OMAh LE 33 6635,50 580.^.0 PALMER 08 31 785.76 0.00 PEARSCN SC 31 21923.9C 916."0 PETEREON RY 93 562.51 63.75 PIEL04 JE 31 ZZR76.92 117:.24 PROMO PJ 12 2664.48 81060 WA31 WA 92 1897C.91 ►7A. 49 ROYCRAFT GE 93 263020 0000 SASS JJ 42 17410.27 951.72 SELLMER CL 93 1921.90 0.00 SELS1AE ER 93 73.7J 0.70 SRRLEN 03 42 17399.03 !2!o CG 0 CITY CF Cn073 A V P , IMPL-AO NAPE DIV GROSS GROSC EM:/ALLQW y SLIGO SR 93 1633.AS 125.^5 S7 SMITH OR 92 IE932046 995.54 1 STEFFENfAO QE 93 19393.60 9260C STEVENS PG 93 16080DG 129.00 SUTTON DE 12 9012.G3 431.2S TOMCZVK MN 31 21951.54 1017.60 1 UUI.T GPAN 38.29d.11 4 PAIC QS. S., TOTAL C-57 TOTAL i f( TOTAL FICA TAM 690it . I; qOZ 7062 FM=LOYCRS FICA A • OPCLF HCAITn • R • PMVSIC:AN•S HEALTH PLAT: • C • RLLE CRISS/BLUE SMIELD 0 + P_CiC;L Ce ITER PLAA 'O1 E • PNIIOEITIAL F • HEALTH p] CCOXO. CARE G • MINAE:OTA HM.O H • TRANS-AMERICA 3CC9 f + EtA.AE.'S lIF_ J • MUTWt SERVICES M MLTLAL OF 9MAMA y LI L LMPLCIE!'•S BENEFIT N s AETAA A AIEOLLET EITEL C • LEAGVE OF CITC!S Z • HEALTH CAPE MAIHT ACCT. MISSING HCEP CODE FOR SOME EMPL•S IS 1934 CITT CF am* MEN No. at[_ __ANNN_T 0! a9902 10111,64 a ISOut 10011I14 10.00 9100 . C E 2119"S 121t1/04 14.46 16.46 . f 2.911ne 1:/1l/E4 $5.54 i.9Ca 13A1114 1.311 2.100E 1J/1L/f4 17.e4 f 1.1004 IJle1/F. 11.00 10900E to nl/41 1S.24 am.e +; 114, 1.14 2' 11101e 32.2t 169OCe W/11ll4 210- 2Am00 1:111/14 2t1.A4 2N901e 10/11/84 I.F4 2.90CA 1,/111e4 r.04 2.900, 1.11111, 9I.S3 2.9CCe %lIV.. 19.14 16903e 1./11114 3.74 »rate 1./Iv14 i.tr g 1e9C0e IUAII14 2.17 LAW$ lu/11/f1 1.18 542.39 . te9oto A1/11114 39.30 249r1F 1-/11104 39.90 Sot 11 ILAI114 10.16 21MIe IC/IIINA 6.I0 melt it/till, 3..1a 2a9Utf 1t I11A1 19.31 ,. 1MU 1^ 24,01, 1✓11/e4 f0.4e 2A1.•2 . a t.mm 29.9S 2MC11 1. 111184 9.10 avail t1Av9. 9.)1 4r..1 . ...... i I9D19 b/11 Ra 2S.31 2S.31 . 2MON h/ItIN 4l.Oa 209p1 1: /11IR4 101.11 Noma LL1ltiv4 30.00 C"m RESTSTCA IO-IS-94 PA91 1 } an" _ IILM UL3C.IPTI04 _ CCWVT ft. _INS. _Z0.0. N M[SSM[. ._ A-1 MINN[TO-Y AMT EUIP MENTAL cl+4311-020.11 ([ 4.1 .-METIMIA Re4T [Ulf *[.III 11-4331.I7M31 'C ALL STAN -Re aJLF CO OTMEM EWIP IM4f9Y.sv0.93 ACRo-NIMUCTA INC 3FF SUPS, LIE] ti-4210-03f.12 C FaO; RTMOOTA INC 3:1 SUT,LIE'. 01-4210-05S 12 ACRO•Nu¢ISTA The OFF SUPPLIES C1.4210.040.13 ACNM.TM[SOIA INC OFF /UPPLR3 C1.4210.0441-13 C ACRO-M:MClCTA I.:^ OFF SUPPLIES 01-4210-0119.14 MCt N:M[SOTA INC OFF SUPPLIES 01-4210- NSA/4 ACAO-NIMESCTA IMe OFF SUP-L It C1-4210-009-15 r ACME PI MC to 1A the OFF SUPPLIES 01-4210-069-I5 Acm•MI MOZSOTA INC OFF SUPPLIES IIM210.t 29. 11 ACNO•MIMICS411 INC on SUPPLIES m-4no-fiwl ACAaaNL+.saTA INC OFF ]UPttEs 0-121 o.1Ta-33 ACMo. P I"r SOTA rME OFF SUPPLIES e1-4zl0 116.33 ICA0.PI%4C80TA IML JOY SUPPLIES 01-.210-24A42 eC.MMIMF,2CrA INC OFF SUPPL TES C1-4210.249.42 A:M a AIR&: ROTA INC OFF SUPPLIES I2-4210-34M11 ACAO..IMNTS11A INC OFF SUPPL:E3 13-1210-569-92 Ac1O•.txxESOTA INC OFF SUPPLIES ra-4210-S90.43 .TIT :"Fe SYSTEM TELIPmNS C1-4120-331.12 p .TNT Two STRTCP TCLCPMME m-u10- D19-IL ITIT !WO SYSTCM TCLE-HOM[ 01-412} 009. 15 .TIT :NPO 311TIP Tn EPMNSE 91-4120.119.31 .,AT IMF` R13TT. TEL:P MGM CI-4320-IrM31 ITIT :NFC ]RTr. T0.EPx0AL :1-6320-244a2 'TIT :wL IVA'- tCLEPPONC 72-4320-54"l 119T Two R13TCP T[IEPPORE 13.4110.11"2 A r a N TUfo "STE. OFF SUPPLIES e1-4210-010.13 A T 1 9 1110 319ftM TELLPNIINE 11.4320-S11.N0 A T L T T410 LISTEN TELEPHONE /1-411a59"l -CMR AMPLCA4 LIA[t MNI 9LU4I4Aa] ll-U4-SIS-9C •• -CMS SLACIOW19 4 ]am -11 9LOOIGD5 DI-a113-091-I1 NACNSNlAM a SONS --T OLOSA.as C1.111j.19C-1I K43o.]N4 a sea --I etml.MV,, 11-13.3-s1s-10 • IA6 eITT OF 0110000 • cxeu No. aan uouxl _ • Irs.00 Me?, W/11134 80.50 PAIC14 101111S4 11.50 c ASCI. 1o1T1114 aOPS Mcrt a 1111e4 :a].Ts- AeV. 1•/11164 2OS.11 f AH15 1r111111 203.1] 2.It14 1./I11e4 ]II.Ps 2.5111 Id/111T4 taa.SO a• 2.901a 1n11T114 III.91 AICI. 1J/11164 11e.If 1.249.41 . s • tevC vn 1.111,84 IO2.11 107.05 I•1u11 1C/II184 s.tO 2610.1 1.111/94 Iss.rs 162.15 . • A1Ie4 lU/11/1a 60.r0 60.10 . A111t 11111154 115.21 2011.12 IC/11114 2.0 A114R 1311111-. 1.01 23114. ty111114 I1.1r A9142 1.111184 121.49 161111 11/11I04 256.41 A1ll? 1.111/44 11.66 • 1.1142 10/111N S.-T A1141 IJ/11114 1.51 19142 1C/11114 ..1 211114i L]/it1U 1.1E s0A..I . 11111se l:/111I4 11.10 A1110 15111111 11.N0 G11sc I.m114 M.G. I1.PG . LNCa AG]STEO IWS-Be PAN I 1 .[NOON _ ITCN.KSCRiPTIM _ ACOOUST. 9tllhs F_/.M,.JIWMW�_?11 SON•STROS ROSERS bN ENO NCTASN(1 01-U04 t0bat _ _ YINES!ROO ROSINS AIN ENS CONSULT OOKSTROO ROSCRC Alm ENO CONSULT 01-L)OS-ILALt a"ESTR00 AWNS ASN !Ne CONSUL' an Ot-. )a) -Babes eOKSTMW AOSCNI AIN [NO CONSULT 01-45CS-040-rl SCAESIAa NOSCNC AIN E%G CONSULT 014 CI-450s-1abrl SOKSTRM SOSCNI ASN IL6 clwukT 11.4-995•401-00 eCKSTR00 AMOS AL C40 CORSLLI 41•430L401-CC NOKSTNOC ROSCK ASN I CONSULT 6:4 7b13C)-561-1t eeKsuoo .OSCNE ASN Ell C11 SUL.I SAA 13-4Ie)-Writ BURPASKN"NINTON CONPISCNGILS 11-an41]5-51 SUTMCS 012 SWNLC STORL SUI 11.4250-St"a NJTCNU BAN SUNILI Nn .UPC. P1-45 20-M-eO COCA COLA V940-0 11. IURCx II-aerb fl l-10 CMT OU••N INC OFF SUIILICS 11-010-S3f-V CMT OUP IR [LC OFF SUMLIE; P1-4115•d.0-11 COPY SUP .R INC OFF SUOPLIC1 "�-at10•]f 1-1. coy RUI IR IK OFF swoL It '1-4$10-1.M 15 C71T 10. .R The III SUPPL:CS ]I-1}l0-t19-)1 C101'UP PA W Mr SUPPLIES C+•H10.114!! COPY RW 1. INC ]Ir SUPPLIES d+-ano-:a-at Cf•5 UW •A PLC Ore SUM L:Cs 71.. 110. 115.5[ cc., ^UP PA INC MI TNPLICI 12•41f0-54M91 C O.I WI PA IBC or SUM&Its 11-4210-51S-sI CMS IUP es INC 3Ir SUPPLIES la•a Ib)0b I5 MLIOAN .0 SLO611.01 11•.Itl•sls-10 CJLLINAN NNT ILCf1300: n.a!L)-tsB.n WELIUN MT 9L061SACS T-atabflb S 01I OIST.IBUT IB 90 K!N PI•C. 11-.111.51LSC ..-CAS ..-as 1114 CTTT N CACAO • cxmR RC. DATE • 261161 10411184 !!H6[ IU 1111lA r' / ibller 1,m11b revinr u n vea - i.vlvv 1:/111ba 66V2.12 1E/11/II t.V2:1 1.111104 MNN I./I1114 MESA I,OW14 • M\tNA Iv/Il/NA a\aA Ilnve. 0916, 1JR11/91 .. Mir, tl/111N Mth IJ/11/64 MtH 1J/11/14 Mire 1,011,14 altars12n1194//eA 119tII I./11/N • MOTI 1./1VlA a. tii11RSL "ofrt NIO I.111114 11eM21I 1S/I1/141 21921T /J/ll/[A s 117[ bgPltw-_-_. ACCOUNT N. INV._i[1�►.7M171��\ 57.50- Cal DISTRIBUTION CO Nr BIT 11-N16-511.10 • 22.00 CAT DISTITOUTIMO CO HIM PWCM 11-4R20-515-10 Mn.91 . 7?6.60 USI SIDE BEVERAGE KIM PWCM i-.H7-Mt-N • 1 v.60- b51 STDL MEOTRAGC OCT At? 71-411N- /f 101.10 . :.109.10 ROLP C CPICRSCM 1009.10 . N.$5 ENRICH BARS" CO 6a.5s . 3109 rRICKSOMIRUR! 33.19 . 11f .iJ 441663 SEEN CIS, 1162J GRI\CN HEM O:ST 11S.20. WI\62 BEER p:ST I.SO- SPINS BEE: oil, f T1.61 . OTHER CN SAL is CI-UOA-CSS-Il CCRC RESALE EDAIP I+5 6-C-OS A=EP MACH JEEA .UPC. MESA MAC. .IT REV Itd l02-590-11 ^,1.aif1-1i0.11 n-a[1s-sls-lc rl-al11-f90.1J n.a11s-fw-O n-ane-tlt-t\ -Os •..-CPS 31.G6 • L GM0.0 A CO CrC EMu101PTS/ACC•SS 11-12[7-»}q n.a6 . ... Ogs 12S..0 C170 MC4 M :.D HEALTH :LS 0/-AIS1-121.I1 ,?A." nROW Htl'.rw :rC xElvl. T•s pbNSI-ItN.H I0•26 CAW KALI. :YC .'ALT. ;MI Cl•4111-121. 51 59.14 5AW HEALTH ;IC -RASIH its 01-41/1.ItM IS 99.36 NCUR HEILI. TRC HEALTH INS 14-4111-104,03 614.•0 . ...ANT 62.11 RED C/R Wa, 1N CARE HOLIM Its 01-4I1I. N41f W0 CTO xOITH CAM. HEALTH IRi OtHH1-12\-11 10f.tI AT CIA Kqh EARL H[A R. }Ri C1.I/SI- FA-I1 16S.9C RIo COI REAL IN CARE KALiN IV 01-N ST. to 1-A2 66.16 PTO CIA RE ALTO CARE HEA SIR AS It.6111.16f-\t 56.11 A0 CTR ICµt- CAME KALIM I111 rS-LI St. S\\-N2 .. MA G • 1904 CITY or 01011a CHECK Ac6IIHE IC-11-94 PAGE t R I1Im1 No. 9.][ .Aoub\ _ r[flon _[r[A„aW}t:]4w___ mgsAn M. In. �r.O. E tevtea Iam/ea 61.11 ba«r5 rcr LSO Culp COOK RULE 16-440E-190-v1 t].11 . - EbUCS 1J/1\/!a 511.50 PENA CAr FIR 011 ♦AIL MCA CI.4]5[-040.14 • 191.50 . .... CIS • - ...... 291308 Nrlill4 24.41 IC" CRT SHERIFF ORT Elf IP PIs acesl C/-423102/-11 • iv!64 lu/II114 I31.1P POOR C11 SHERIFF OPT JAIL CRISIS 01.431E-0110-IE i«.S1 . 2.5176 1,111,04 101.I1 JOb9SOA FIRER CA S7OPr SUPPLIES 11-tt]0-a1 a-19 • 111.}9 . cbs tH!RI 1. /Ilrf. 1.251.10 14 I RtANLJ SLOJ REP' 111C1 11-U II-S11. f0 ...... —INS 24154e 1a111111 I0.1C b:tRJ-fl[L1IA FU[LJILYECS (\-a1T0-1 H•l1 • 1R1/1! 1.1111#4 t0[.2t RIL93-4CL'IN COP`/5Cb:0LS el-4f51-\T1-51 - II1.tt . • .uu. •••-C1J 249401 $111/14 1.1]1.'.1 llfl JR REL.11C1S RSA 0 - CCbiUtT ]1-11(5-121-51 • - «RAG• •• -:P J U9404 1J111r!{ 10.44 TV LII'- ..TS/Wbt J1-11P1•Lt0-11 - 31940 \(111/Ia 10.4 MC LANE' "TUMOL ]1-afii-]a0-1! 4404t4 1.111,14 22.St W LWR I.TV.pAI a1•U It..N-[C »9464 1:/11114 I404 THE LIVER RRTS1%1rt 11.4112-.31-01 - T!].tl »Q1V I1111/11 130.19 LIVENFILftR S.Et UISI(f.L f,t_11 R1_tN-U IEI.Co . 1.04J4 1.11tle1 tb.fl LIN tie- SLLSS rrl .b To cm:. a\J111-11.-41 � tEa.ta . M4 CIIT of Como MEN REGISTER 16-1S-46 GNE ! • .CM1CR,."2 . _ _ _..IICV OCSCRIPTt01 . __lfSOGi! .R4.J117if1a9. _A.lLflML_T�� • 2U43F 10/11/84 6115.46 CITT SF L244 LIVE 10/91 SLOG RENT of-4372-t N.I1 bS7. bb . is 946C 10111,16 31.44 MARK Ill a41.El HIRE MACH 11-4811-31S.90 • t FAA 46, 10/11A4 610.05 MARK KIT SALES RCE4 FURCG 11-astY515-9E 259466 1J/f1114 lz .40• NARK WIT 5 •1 BJt ACT il.Ills-111-90 1 elans . • ...... -__ ....ERR • a bvN! IY Ht/II 2.S ri.SO rrtRp WASH c94IP pl SIC cn4 atilt 01•4920.29S-11 z.s 2{.su • 4 lY/IIIEG 1.1T0. U .ICNEST PP".LT ST I'll SUP Cl-4211-249.42 • 1.711.41 u.uS .u.C.; • 2e V4sc I1,111IU 11.41 P;KNEGISCJ UTILITIES 01-4124-C99.n h94V i' 1./11/l4 1C.Is NTANCGASCO UTILITIES C1-4 324. 1H.31 • 4.IIK I./Il/T4 1.2.51 AIMEGA SC UTILITIES I2-4-I14-S49-91 1.,35 • AA .....• ....CRS IrVI45 1../1f I14 }.10 .f GCNCF!T ISS i':S C1-44S1-126-31 • 1.959E 111111.4 xrR.xs .IGM CONY 4La MORE ^1-U20-119-11 1195.0 I 1ill 4 rs.so •IRr cc.. r[LLF Hari 11.11M.114-13 a 1S1.1S ...... ....ERJ a Ze1525 I.11t1S4 e.'I STVE OF r; TREIS LIC/TARE; :1_I5.5-Ix9-11 e.'1 • ...... •u.IN; • 1.vs59 1. 1111!4 227.14 %$1 UTILITIES 01.4724-099-11 2e9559 1. 1111*4 221.11 IsP UTILITIES C1.4324-129-St iNVSS9 li /11/!1 116.92 U. UTILITIES 0t-4124.249.42 • b9]59 lu /1V l4 S. SS NSP Ultuff2s E1.4324-290-41 NVS5S 1W11t/14 v12.18 ASP AT LITE$ 01-4I1I-249-42 219sto 1.111,14 215.11 Rif UTILITIES 11-4324-1IS-90 m,SS9 lCIIII44 1.191.11 RfP UTILITIES li-U2M 1{9•cl 2P1519 1001114 981.42 NIP UTILITIE: 73-4 9G-S49-92 e 2Ns]9 10HI116 11•Ie .S. UTILITIES 14-412"590-13 y ISO CI11 OF ORONO CHECK N0, CATE 299511 249S to 1.9 5 TO 1.9510 x.9`. 7i 1.7570 2.95 TO 269570 Mile 019s/0 2a9570 2.957C !AVl71 2095/1 IN9s t1 2SOIts tvo3S6 899566 awsia aofu IN9fft INSIST INSIST IN9f9i INvsgr 2959t 259 397 I6/S97 2AYi97 26r59t I6959f 169591 16v597 169N9597 26997 61597 2.r5H APOUHT 4.178.91 . 7I. 5A 76.9f MIS 116.71 T5.9P 63.39 71.99 17.33 21.17 $1.44 -1. 31 91.55 709.92 CSSCB REGISTER /1R15P14 PASS 6 VENDOR ITEM DESCRIPTION _ACCOUNT q. Iir. S I.S9 v M.LqSSSS __ •..-CRf HORTNSE3TERN BELL TELEPHONE 01-4320-039-12 R)MINSSpERA BELL TEL EPMOSE 01-4320.059,f/1 ROMMJUMM BELL TELEPIONE CI-4320-069-15 IIATHVESTMA SELL TELEPHONE 01-4320.12h5/ 04TH9ESTEMA BELL TCLCPNOAE CI-4120-171. 33 &9NtHVESTSR6 BELL TELCPHONC 01-4320.175-51 %INTRJESTERA WELL TELEPHONE 01-4520-21h12 R2RTHNESTEAN BELL TELEPHONE 72-4320.S4"1 NOPTNNESTERN BELL TELE►HOVE 73.4320.Ifo-92 AORTHHESTERM BELL TELEPHONE 74 4320-590-95 ROAT40ESTERN BELL TELEPHONE 14-1320.590.93 KC914MESTEAR ML AOVERtlS[N6 14.4125.9C-93 1o/11104 Ill .u0 OFFICE PIU3 Of RN III EUIF Nf10.29h72 1 J 111164 12s.00 OFFICE 1000 W HO "I EWIP Cb1S10.29h it 1JI11/94 S15.:0- CInCf P030 OF NM Off EQUIP 01.4140.2119172 ses.30 . 1 U/11fe. 397.05 "ON) IVCEP SCHOOL i!c •PO1A9 01.13S/-Iro-el 197.95 . 1.111f24 0.40 CACHO Llh)A STORE )fF SUPPLIES 71-4210-sl"a 13/11/94 9.14 (AM LI11Oo STORE SIOAE SUPPLiEi 71-4230-ils-90 1J/11104 lt.15 CAM LIQUOR 370RE SLO6/5MOS MIT SUP 11-4231-its. ro 1./I11!4 12.44 )MCM) LISUOM STCRE "STAGE 71.4121-315-90 41.31 I;Hf/!L 21S.113 40& PEAL 9110 72 9123 Ot-4141-039-12 1.11104 iF.&I PTA& PERA AMC If 9123 01-4t4f-340-13 1.111,94 1.15 PILL PER, 9110 T1 9123 H-AtA1-059.1& 1.119,14 93.•3 Pt RA PERM Oita IQ Otis Cb4111.owts 1./111I4 16.54 PIRA PER& 9/te To 9111 31.1111.099-1. 1.IM 84 1.172.12 -MA PENA 9110 TO SIBS 0/-4141-111-31 1./11f1A 2•.66 •CAA PEP$ 911E TO 9123 01-4141-115-31 1./11//1 919.29 PIRA KRA 9/10 TO V/23 0t-L14/-121.s1 10/11114 366.54 FEN& KAA ofto To 9121 01-4111-12e-31 t./life{ 163.13 •GAA -04 VITO To 9123 of- 4141-174- 33 1U/11/SA 169.e6 Its& KRA Itto TO 9/21 07-4141-269-42 tO/N/6& 161.26- Prq KAA VIVO TO 9125 C1-414/.249-12 1.1111H 161.26 PENA KRA 9/70 TO 9123 of.41 At.260P42 1.111414 45.21 PT -A KRA 9110 to 9135 C1-6141.190.61 10111114 1.66 -to& KRA 9110 To 9123 11-4141.405-00 1a/71/14 1SC.4e OEM KRA Vn0 TM 9125 71-1141-SIS-90 101111e4 /ita7 KRA PER& rna TM 9123 12.4141.549Pn ...CBS M6 city 6P MQ■0 EKE■ Ap ESTER CNEC■ No. 0419 _ _ _ AMOIST _ Y[NOON_ ITEM DESCRIPTION t Agri loill a Y/a.AO KRA PENA 9110 t0 9113 As Id11AA 46.06 PENA PER& 9/10 to 9/23 3418.30 . It ...... t 2N011 10111/04 16.40 -CPST Oou//UP RTL9 NIN PURCH 58.40 . 2696TS lU/Ytm F.'s Plem Cola SCNCK 9 269615 1CInfra 12.6E PIELOY MILEAGE 20.43 269211 lE/11/AA 6.15 PHOTO FACTORS OFF SUPPLIES 269621 ICIll19A 194,95 PHYSICIANS WEALTH OL HEALTH INS 299621 IH/11194 Silos PHISICIANS H-AALTN PL HEALTH INS . 269621 12/I1s14 2z T.99 PMTSICTANS WEALTH -L HEALTH It.1 209621 1,111164 123.99 PMISICIANS HNLTH PL HEALTH IRS 269621 19/NISI 93.16 PHYSICIANS HEALTH PL PELTH INS . 2.9621 1.111194 951.1S PHTSICIANS HEALTH PL HEALTH INS 269611 1:111164 227.99 PMTSIC!ANS HEALTH PL WEALTH IAI 269621 1:/11104 536.92 PHIS lC!ANS PCALTM PL fEALTM !35 2OV621 t./1//H I34.23 0M13ICIANS WEALTH PL HEALTH INS 2%9621 1:/11,94 362.2z PHYSICIANS WC AL TM PL HEALTH INS 219621 1i111104 102.60 PHYSICIANS 9E AL T. PL HEALTH 19! 239621 IC/11/e4 12S.39 PHIS IC!A a3 PtALTH PL HEALTH IAS 3,398.44 . 269014 1./11184 1.101.15 POGAC9A OAST PEER PUAOP b9614 1.1I1/94 1H.•O. PIG.CeA 0:5T Hat RES S N9691 1j/11184 122•30 SATt LLITC INO INC EQUIP ACNT L 16VG91 1.1111-4 140.'0 SATOLLITE :NO :NC EQUIP RENTAL 162.30 . z09/26 Id/1/114 t.710.19 IT TPEI-IT 806 INSP KOO SURME •ERIT 1039.19 u•u. • 26rlaC 10111114 1F.01 CON STACICMER SUNS tQUIP PTS KC!SS 104 S-a6 NK i .ACCOUNT N0. _{OS.140._O.dLiiOK____.; 13-41/1-56"1 . 6 is -a 1 U-s9O.93 i 1t-4620.S1 "a ..rags 31-4 16-129-0/ C1-4311-129-31 Ct.a210-121-31 C1-3112-000-00 01-4111-039612 C1-4YSt-069-IS 51.a111-121-31 cl-41310 z6-31 01-4I31-129.31 CI-4151-174.v 21-4I31.449.42 01-4151-290-61 IS-4151-315.9E Pt-4111-S49-91 15.4131-S19-92 .••-us It.a et s-st s-vQ il-aeu-sts-vc ­Cu 01-4!11-C2C-I1 01-4331-Z90-61 C1.4961-293-/3 ..r C■2 Ol.a7fb 129-71 1906 CITT OF GRIND CHECK REGISTER 1C-15-64 PAGE S • . CHECK RC. DATE AIIOURT YENDO. ITEM DESCRIPTION __ACCOUNT M0. TAG. r h0. 9 REGRAG/-_ H9/A is/11/Ia 1JSS.21 THORPE DIST CO GCE11 PUNCH it-aE1S-]1"a • >tiN 76 I2/I1/fA _ - 16.I0. 1M OR►[ 07fi CO GOT ACT - it-a116-f1$-90 • 1.117d1 • • • r•u. .o- CR3 249117 IL /11Ila $2.32 Y!SfCO iNC MAT MAINSTV 72-4Sa y-S N-91 • s2.a . • ..... • • 20121 1./111l4 420.40 WINING STILL PROD ST PNT SUP 01-4233-240.42 • 410.40 • ...... .... CR$ • 769955 tult11la 33.36 WESTERN LIFE 141 LIFE INS C1-4152-039.12 • 26g5s 10111/T4 2446 AESTCRU LIFE INS LIFE INS 01-4152-069-15 • 2491S5 1^/11Isa 3.33 UTIVERN LIFE INS LIFE INS Et-4151-121-31 2.995) 10/11/84 39.50 WESTERN LIFE 113 LIFE INS C1-N12-121-31 • 2Avus L:111104 4.40 Y!STERM LIFE INS LIFE INS 01-4152.1/6-33 • 269.)5 %111114 9.16 WESTERN LIFE I13 LIFE INS 01-4152-140.42 Zags,$ 1.111/84 1.10 WESIER9 LIFE INS LIFE INS C1-41S2-290.,1 • loges$ 1C1111H E4.10 AESTEMN LIP! INS LIFE INS C1-4157-1Za-31 • logo s$ 1./11fI4 26.11 YESTEAN LIFE INS LIFE INS 21-415Z-S?S-99 769U5 1./11164 13.12 WESTERN LIFE INS LIFO 143 )2-.152s N-9i - 1.165) Il/11/PA 12.14 Y!STtAM LIFE :YS LIFE !AS 13. YH2-Rog-R • 2696AS 1C113J04 1.13 WESTERN LIFE i%S LIFE CMS 14-4.52-590.93 193.12 . ..w cR3 - 2801162 £/111R4 It -CO CON WEMDt:10 EQUIP PIS ACCESS 1-a132.121.31 2a.:0 299164 I./11/04 $1.50 WHITE SEA- ANIMAL CO ANIMAL CARE 11-4360.11S-11 2f9064 U/1t,04 III .'I WHITE NEW ANIMAL CO ANIMAL PATROL 01-4361-195-35 562.51 . •••... urCRS � - 2.9r 75 U /111RA 12.47 WRIGHT "CIA EL!CIRIC UTILIti ES 0/-4324129-51 12.47 ..-CUB •91,13 1:/11/R4 3.070. )C BILL DR[CY N000 MNR YL SF/QADf 01-4343-090.11 1.01E1.HO . • •..-CR3 C 1 1986 CITT or mono CHECK REGISTER 1C-15-84 PAGE 9 C ' CK.cX-pq� OA1t_ _. _ _ _.AMOUNT _ __ _ VENDOR ITER DESCRIPTION 1 299960 lallifed 139.50 ELRARRETING Off SUPPLIES 01-6210.060.13 240940 10/110H 9.1. EUA9R CfING YOf ING RACMINE Q 11-6S10•lGA GO fN 9.316.12 • ', 1 209941 1.011116 3C.12 0 B P SCORS/PER:OCLS Ct-4240-429-31 33.12 • 1 R19942 1N/11/S4 16.929.G0 CDR AMLSTRDN COAST BLOG/STRUCT /3-4520. 56b92 �. 16,929.30 . 1 M7963 13/11/I4 22.50 FN ACADEMY ►ROC/LAY 8OOR3/PERICOCLf of-6260.1M31 22.50 C 269966 1U/11114 2.00 PAD 41U3C BOONS/PERIODCLS 01-6240-12h31 r 2.00 • 1 219965 10/11/14 tee. so PAVLS LARDING EQUIP RENTAL CI.6331-176-33 168.50 • / ...... ....CRS Ki151 1.///116 110 WFN IND REL CONF/SCMDJLS Ct-4356-129-31 6 MANUAL •V iSI 1L /il Af 119.20 U'in [ND sCl CON I/3UIC [LS 71-435h 269-f2 MANUAL 9 MCr152 1-111114, 12. 32 6T TFEAS SS CDNT PC FICA 9110 TO 9123 01.6362.039-tI MANUAL K2I51 1e111/64 63.7, 3T IN E A S IS CORI VO FICA 9/10 1) 9/2S CI-6142-06C-13 MANUAL 0 MCF152 1]/IIFA. 13.92 sT IMEAS ss CINT To F1.A 911. IC 9/23 :I-6142-019-IA PNUAL PC 152 It "1/76 ISL.S2 iT TRIAS IS CINT FO FICA 9110 1.) 9125 Ct-flt2-069-15 PANYAL KT Is 1J/I1IS6 21.t4 AT 14FAS 31 C3NT PC FCCA 9/10 TO 9/23 01-41q-ON-17 "AWAL 9 PC r 15F Ii/11111 U.PO 3f PEAS SS C7NT TO F:CA 9/1C TJ WIT 01-4142-11 S. 31 PNIUAL KM I I:/111lf $02.56 31 TM3AS IS C3N1 FC FICA 9113 Tl 9123 C1.6161-1?M 13 MANUAL lCr132 1,11111, 271.14 S1 TITAS 33 CONT TO FICA 911) 16 9123 't-61 AI.260.62 NAMIfAL PC/112 1:/11164 16.S6 11 WAS i6 CONT FO F::A 9/1) IC 9123 !1-6162-290.61 i PNUAL FCr152 1;/I1/64 2.13 ST Tor%$ IS CONT r0 FICA 9/1D TD 9/23 61-6062-675-00 PNUAL KI152 1.111,96 r2.10 V. TIERS is CONT F0 FICA 911C TO 9113 11-6162-515-96 MANUAL KIM t.111F44 E3.24 IT 1MEAS ss CONT FD FICA 9110 11 5123 TZ•6161-S49.9/ 6 MANUAL TCF152 1:/11194 130.13 St TIT AS Si ^'NT TO FICA 9/13 TO 9/13 21-4I42-369-92 MANUAL - KIM 1.111.64 r5,M6 ST TMEAS I6 C-.NT FO FICA 9/10 TO 5123 14.6162-19C-93 MANUAL .370.21 9 - K1153 1.111/64 49.96 P.ISTMAGTI9 POSTAGE 22-6111-541-91 MANUAL 9 KIM 1.111166 69.96• P^STMASTEA POSTAGCR 72-4321-1149-91 MAMMAL PCI153 1.111186 69.96 P)TTMAITU P3STAGEN /1-6321-569-9/ MANUAL Kr)SS 1.111,06 140.15 -OSTIISTCN POSTAGE /3-4521.569-92 MUUAL 6 199.61 . IF MP15f fe /11141 921.19 ED PMILLI-S RIG PURE" 21-6G10.5H.99 PAMUAL G MC 11f6 1N111T84 15. 29- F) "TILIMS L70 DISC i1-6111.51"0 MAMMAL KF 116 1!/1f101 I IOA.12 t3 P9ILLIPS MINE PURCM /1-68/2-31s-90 MANUAL • MCF154 %111164 26.)6- I9 P41LLI-5 MINE Dist T1.41/5-513-9C MANUAL G 2.0R1.'S • 'Criss 1.11113f 1.131.13 GM TG93 CC)PER LIG PURCM Il-4eto-StS-90 MANUAL M • . /9l4 CITY OF ONCNO CHECK MISTER _._.CNECN NO. DATE _ _ AMOUNT _.. VENDOR _ _ _ _ 11CM DESCRIPTION NCI155 10,1118. 26.13- 6e1646 CO3PER LED DISC P0155 1U/11/e, 15e.91 GRIGVS CCOPER NINE PUMCM YCE 15$ ICM1e4 3.06- GR.6iS C09RER NISC OISC 1 .464.41 W156 I0/I1A4 113.•3 J144304 IRIS NINE MURCN NC/t56 1JM/E4 2.1F• JONNSDN RP9S NINE DISC 111.66 . •••.•• 31.241.14 FUND 31 TCTAL GENERAL FIND 9.212.62 FUND 11 TOTAL FED REVEVUE SNAPING YUNO 6T4.95 FUND GI TOTAL FIRM IMPROVE REVOLVING Y 10.961.98 FUND F1 TOTAL LIQUOR OPERATING FUND 2.J65.24 FUND 72 TOTAL WATER OPERATING FUND 16092.40 FU10 V3 TOTAL SEWER OPFRATINS FUND 741.20 FUSD RA TOTAL GOLF COURSE CPERAIING TO F3.661.56 ICTIL t E^t 5-06 PASS t0 ACCOUNT NO. IMe P.0._� Ilj_SjRK 11-4011-SIS-90 ""VAL 1 (' 21-6212-515-9D MANUAL _ 21-4e13-515.90 MANUAL 11-Ae12-51T-9G MAIIVLL--_ )1-AetJ-SiS-90 MANUAL E •• -CNY C. Planning Commission PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NANE OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) i r L., • PF •� o AAAA i�/Lf/�� `= WWI 1� 'M' e'�c��%� Planning Commission Council PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE /D PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) i. 3. 4. 5. ! S 6. 7 3- B. 9. 0. 1. .2. .3. .4. .5. .6. .7. i8. L9. 10. lnforma+ion IE +ety% s coanci I rn" ot _ lD-is-fz eel 3 1: 5925 CL%%y PIA z ; uN u- ,�Ma.n4 AjiL 55364 7��•C 7l�%�-.-� .Ss3 � � COUNCIL MEETING OCT 15 1984 CITY OF ORONO wt eel e-.!� / �n�<..� � ✓. L Interoffice Memo 84-154 COUNCIL MEETING DATE: October 2, 1984 OCT 15 1984 TO: Officers Gregg Griffiths and John Pielow FROM: Chief Mel Kilbo CITY OF ORONO SUBJECT: Letter of Appreciation Case File 84-1640 It is my pleasure to express in writing my sincere thanks for the excellant work performed on a medical call to the Taylor residence, 1880 Shadywood Road, on April 23, 1984. Mr. Glen Tillotson, a neighbor at 1875 Shadywood, stopped by the station to inform me of the circumstances involved. Mrs. Tillotson had responded to the scene and having nursing experience, was very impressed at your training and compassion in attempting to revive Mr. Taylor. Both Mr. and Mrs. Tillotson were very impressed by the fact that oneofficer called the funeral home and made arrangements for removal of the body, and that Officer John Pielow remained at the home approximately twenty minutes until the funeral director arrived. The Tillotson's remarked "this has to be above and beyond what is normally expected of the police." I agree and state further that such compassion and dedication should not go unnoticed. VANFINSON, HENDRICKSON & CO. CERTIFIED PUBLIC ACCOUNTANTS Park National Bank Building a 5353 Wayzata Boulevaryriu t11 lm"'I'.11mSore 55416 • 612-545.0421 OCTLIii;99C4 SIP CITY OF ORONO September 28, 1984 Ms. Mary Butler, Mayor City of Orono P.O. Box 66 Orono, Xinnesota 55323 Dear Me. Butler: During 1983, Pennell Kerr Forster, a national CPA firm and a member of an international association of accounting firms, approached us about combining our practice with theirs. We looked at their operations in depth --as they did our operations --and concluded that joining Pannell Kerr Forster will benefit both our clients, present and prospective, and us. With this merger, we can and will keep a 'local firm' flavor and closeness to clients while adding considerable support capability, particularly in Management Advisory Services, Tax Research, and unusual auditing problems. Before we release an official and formal announcement of the merger, we wanted you to know that, despite the up -coming name change, ve will be the same people at the same location with the same phone number who served your accounting and tax needs previously. We look for�trd to continuing nur relationship in the months ahead. Cordially, The Partners of Anftruon,�Henddrriickson i C/o. Oris A. Hendrickson Donald D. Anfinson 6471 Delta - AFFILIATED WITH NATIONAL Cm\ GROUP • MEMBER FIRMS W PRMCdMI CITIES COUNCIL MEETING O rONNOR 6 HANNAN ATTORNEYS AT LAW ...0 ..S .0 $0.1. [.Ow-,. ]Tn[[T MINNEAPOLIS. MINNESOTA e5402-2254 Lip Hiy[00 T[l[Y [1 .O {.• a[.{CON [II Ul a.�'l.ec labl OCT 15.984 CITY OF ORONO TMOMAS P. CREIOMTON MEMORANDUM TO: Directors of the Lake Minnetonka Cable Communications Commission FROM: Thomas D. Creighton, Legal Counsel _ /yl DATE: October 3, 1984 Ylt RE: Notice Of Meeting This is to remind you of the next regular scheduled meeting of the Lake Minnetonka Cable Communications Commission to be held at 5:30 p.m., Tuesday, October 9, 1984, at the Shorewood City offices. The agenda for the meeting is attached. I look forward to seeing you on October 9. If you have any questions, please feel free to contact me. TDC: jlg Attachments ` D ` LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION A G E N D A Tuesday, October 9, 1984 5:30 p.m., Shorewood City Office 1. Call to Order 2. Roll Call 3. Repurt of Officers A. Chair B. Treasurer C. Secretary D. NATOA Conference Report 4. Report of Legal Counsel 5. Budget Committee Report 6. Administrator Search Committee Report 7. Dow -Sat Report 8. Old Business 9. New Business A. Upcoming Conferences 10. Adjournment it4XEIVED 777 Dow -Sat of Minnesota, Inc. -I _" 1984 2381 Wilshire round. �.iN ss3.a 0' WIN R G HANNAN _ 1612) 472-6394 October 1, 1984 lake Minnetonka Cable Cam unications Commission C/O Mr. rro Creighton 3800 IDS Towgr Minneapulis, Minnesota 55402 ATTN: Ms. Jan %sugen, Commission Chairperson RE: Addition .f Spectrum Sports to the lake Minretonka Cable Systems channel lineup Dear Ms. Haugen: This it to inform yo, `w Dow -Sat of Minnesota, Inc. will be adding Spectrum Sports w the lake hinnetonka channel lineup within approximately thirty ::.ys. The Spectrum Sports package will be .offered by Dow -Sat as at, additional pay service which will include the North Stars and Twins regular season home &area. In addition to the regular season games, Da Sat wilt cablecast all Stanley Cup play- ff games played on hw* ice next spring as pr.rt of the Spectrum Sports package. (Channel 29 has the exclusive rights to the away play-off games.) For promotional purposes, S>w-Sat will be offering a "Preview" or free cable - cast to all system subscribers to acquaint them with its new service. Installation charge for Spectrum will be the normil f10.00 rate as clmareed for Dow-Sat's other pay services; tawever, this charge my be w:i during the promotional period. The monthly rate will be considerably .han ubat normally charges. Dow -Sat is lwki.., forward to serving ur,e lake Minnetonka cm. ; th another premium service wh;J, offers more variety in choice. Sincerely, Mary A. Smith Regional Manager MAS: J CC: Ke"- 54 rp ;,.L r Gibson J Helett . -..herin< lerson COUNCIL MEETING POPHAM, HAIK,SCHNOHRICH, KAUFMAN 6 DOTY, LTD. OCT 15 1984 •...... c.Nr., ....IA.OLI., M,NN.a 11A 55.02 t G. "'- 800 CITY OF ORONO .o.n.N .•uc. a N....ue« w.u. L No�u«w w.o .c.•o. � Lw�\ .ewt. r« o.NV........ ao.oa •aL ........• - , ,.ono rtv ,utc,.�c• c•ao.......... w,..o.e .. ow.t«t o.um. ..\nN... ............. o....c w,n.n..o eL\n.•nv.o• uonN ac«.ma� . cn.t. o. ...tN.N wuow , ...... W,\MINLiTOM�D. C. .00a. ......... . . L[nYO. rN O..M[ O�OWY •V<t. Ne.«tLr[M r,ee.•a. c. ..e.« u.u. a..Lrr. October 1, 1984 Robert A. Weisbrod Casualty Supervisor GAD Business Services, Inc. 380 Lafayette Freeway Road P.O. Box 70007 St. Paul, MN 55107 Re: GAB Fl..le No.: 56527-98012 Insured: City of Orono Plaintiff: Rex Welsh Dear Mr. Weiebrod: Enclosed for your information and review are the following documents: 1. memorandum in oppoF o t petition for r,,heari,•,g. 2. welsh's Petition f.. gyring. 3. Bill of Costs and Disbursements. 4. Notice of Taxation of Costs and Disbursements 5. Affidavit of Disbursements. I would expect a fairly quick decision by the Supreme Court, a:e will keep you advised of any developments. Very truly yours, ;I flv/C; ' Thomas J. Radio �I, TJR!jmq/1385a 1 II VIiT - 3 ggd N cc w/enclosures: Mayor and City Council Members i City of Orono I Cunsolioated Appeals C3-83-699 and C2-93-1275 SrAfE OF MINNESOTA Id SUPREME COURT C. dex delsn, Plaintitt-Respondent, VS. City of Orono, a ,-,innesota nunicipai corporation, Defendant -Appellant. BAJCE D. MALKERSU,1 Attorney License No. 71000 TnO11A5 J. RADIO Attorney License No. 137029 POPHAM, HAIK, SCHNOdAlUd, KAUiMAN i DOTY, LTD. 4344 IDS Center Minneapolis, Minnesota 55402 (bl2) 333-4800 ATTORNEYS FOR DEFENDANT -APPELLANT City of Orono APPELLANT'S MiaORA!1 D'J 1: OF LAJ IN OPPOSITIO;. TJ HESPJ!IDENT'S PErI.:Oi: FOR R:nEAAING SCJTY G. HARRIS Attorney License No. 13240d 112l Nest 46th Street Minneapolis, Minnesota 55409 (612) 823-6977 and EILEEN M. RUBERTS Attorney License No. 92174 STACKER G RAVICH 9UU First Bank Place Nest Minneapolis, Minnesota 55402 (612) 349-4500 ATTORNEYS FOR PLAIdTIFF-dESPOdDEdr C. Rex Nelsn Consolidated Appeals C3-53-699 and C2-93-1275 STATE OF MINNESO'TA IN SUdREM'c CUUdT C. Rex Weish, Plaintiff -despondent, VS. APPELLANT'S MEMORA::JJ:: OF LAO IN OPPOSITION TO City of Orono, a Minnesota RESPONDENT'S PETIT:•O:: FOd municipal corporation, RthcAdldw betenoant-Appellant. INTRODUCTION In nis petition for renearing, reupondent C. Rex Welsh has failed to establlan sufficient reason wny the court snould renear nis arguments concerning I's claim for an award of attorney fees. To the extent tnat Welsn seeKS to reargue nis entitlement to attorney fees, appellant City of Orono incorporates by reference the arguments set out at length in its appellate brief. In this memorandum, the City will focus on the proper standards to be applied to s petition for renearing. ARGUMENT I. Standard for Granting Petition for Rehearing he in many endeavors in life, parties to an appeal in a court of final 3urisdiction have out one opportunity to state tneir case and tnen must abide by the rendered decision. While CPC rale 140 of the Minnesota Rules of r.ivil Appellate Procedure provides for petitioning the supreme court for a rehearing, the judgment of an appellate court has a strong presumption in its favor and will not be reconsidered aosent serious error. Wardemann v. dlelm, 260 Minn. 455, 110 N.W.2d 150, 151-52 (1961); State V. AuaMS, 251 Minn. 521, S9 14.4.20 ubl, 679-b0 (1957). Appellate courts will not grant a rehearing merely to allow a losing party a secdnu opportunity to aovanee arguments that have alreaui been considered by the court in arriving at its decision. Aoaws, 251 runn. 521, 09 N.N.20 at 679-oU. Moreover, the cdart will grant a reargument only when it has overlooked some material fact or controlling prynciple of law. durdemann, 260 Minn. 455, 110 N.W.2d at 151-52. Clearly, the rationale behind the limited grounds roc rehearing is to introduce finality into the appellate process which could otherwise be prolonged almost indefinitely. In this matter, Welsh contends tnat this court has mi:,conceived and misapplied the relevant case law regarding the awarw or attorney fees under 42 U.S.C. i 196b and has failed to consider the degree to which his action advanced the punlic interest. while Welsn's displeasure with the court's adverse ruling on attorney fees is understandaole, given the result, it is drrrieult to fathom any misapplication or misconception uy the court in light of the following considerations: 1. Tne parties briefea the issue fully and extensively with Welsh submitting two briefs on the point. M10 2. Taw court aauresaeu the issue in detail in its decision. J. Tue Court's en banc decision was unanimous. Welsn nas simply failed to establish any special circumstance wnicn justify a rehearing of nis appeal for an awari of attorney fees. II. Welsn's Aeargunent on Attoraey Fees Presents IJo New Arguments Welsn's discussion of case law on an aware of attorney fees under 42 U.S.C. S 1966 is a mere reiteration of the assertions made in nis previously frlsd briefs. Tnere are no new case citations or overrulings o; th_ cases relied upon by the City and the court since the tide of the briefing or the rendering of the court's decision. While Welsr, seeks to restate those arguments, Cnere 1s notning new wniC❑ tars court nas not neard before. Althougn Welsn spends a great deal of tine discussing and distinguishing the cases relieu upon by the court, he fails for wnat is now the fourtn time, counting the district court and two appellate briefs, to present to the court a single case directly supporting his claim. Tnis is nardly surprising, however, considering the nature of his action. Tne determination of a jurisdictional question involving the dredging of Minnesota lakes simply does not arise to the constitutional stature of ti,e traditional cases in which attorney fees are awarded: voting -4- rignta, jury or Sou discrimination, and school desegregation. Plaintiffs' action helped to clarify the law on this issue; nowever, it could hardly be deemed an advancement of civil rignts. CONCLUSIUU Respondent Welsh now seeks a tnird opportunity to reargue his claim to attorney fees. After losing in the trial court and en uen c review or this court, Welsh still Delieves that at least lU 3uuges nave misapplied and misconstrued the statutory and case law wnicn was exnaustiveiy briefed oy the parties on the main appeal. Neisn's effort should De curtailed before the City is put to any greater expense and tills court's docket is cluttered by additional briefing and arguments. Accordingly, appellant City of Orono requests that respondent's petition for rehearing be denied. The City also requests that the court award it reasonaile attorney fees. Minn. R. App. P. 14U.03. uated: Septemoer 2d, 19b4. 13o5a PVPdAN, dAIK, SCNdOdRICN, KAUFiIAi4 a DUTY, Ltd. By race D. Malker0 n, Reg. No. 71000 Thonas J. Radoi Reg. No. 137U29 4344 IDS Cen 333-4800 Minneapolis, Minnesota 55402 Attorneys for Detendant-Appellant City of Orono -5- AFFIDAVIT OF SERVICE STATE OF MINNESOTA ) ) as. COUNTY OF HENNEPIN ) JJdy M. Gardner of the City of Minneapolis, County of Hennepin in the State of Minnesota, being duly sworn says that on the 28tn day of Septemoer, 19d4, sne served the annexed Appellant's Menurandum of Law in Opposition to Respondent's Petition for Renearing on the following attorneys in this action, by mailing to earn of them two copies thereof, enclosed in an envelope, postage prepaid, and by depositing sane in the post office at Minneapolis, Minnesota directed to said attorneys at their last known adaresses, as follows: Scott G. Harris, Esq. 1121 Nest 48t❑ Street Minneapolis, MII 554U9 Eileen M. Rooerts, Esq. Stacker 6 Ravicn 900 First dank Piece Nest Minneapolis, MN 55402 WIA JUOf M. Gardner Subscribed and sworn to before ne RAII LOAD this 2dtp Qap olL Evpcanoe[, lYb4 �,q XO1M1 NILo NI'^+ESmA 0 1 1i uoramu.1 , ve Co*mu�v. 4D�,es bI 75. I O C C�l-1 C 1J65a Consolidated Appeals C3-83-699 and C2-83-1275 IN SUPREME COURT STATE OF MINNESOTA C. Rex Welsh, Plaintiff -Respondent, ) I V. ) City of Orono, a Minnesota ) municipal corporation, ) I Defendant -Appellant. ) BRUCE D. 14ALKERSON Attorney License No. 71000 THOMAS J. RADIO Attorney License No. 137029 POPHAM, HAIK, SCHNOBRICH, KAUFMAN L DOTY, LTD. 4344 IDS Center Minneapolis, Minnesota 55402 (612) 333-4800 ATTORNEYS FOR DEFENDANT -APPELLANT City of Orono RESPONDENT'S PETITION FOR REHEARING REGARDING HIS CLAIM FOR REASONABLE ATTORNEY'S FEES SCOTT G. HARRIS Attorney License No. 132408 1121 West 48th Street Minneapolis, Minnesota 55409 (612) 623-6977 and EILEEN M. ROBERTS Attorney License No. 92174 STACKER 4 RAVICH 900 First Bank Place West Minneapolis, Minnesota 55402 (612) 349-4500 ATTORNEYS FOR PLAINTIFF -RESPONDENT C. Rex Welsh Consolidated Appeals C3-83-699 and C2-83-1275 IN SUPREME COURT STATE OF MINNESOTA C. Rex Welsh, Plaintiff -Respondent V. City of Orono, a Minnesota municipal corporation, Defendant -Appellant RESPONDENT'S PETITION FOR REHEARING REGARDING HIS CLAIM FOR REASONABLE ATTORNEY'S FEES INTRODUCTION By its decision in this mrlter, filed August 31, 1984, this Court ruled in favor of Respondcnt C. Rex Welsh ("Mr. Welsh") on the merits, concluding that the Minnesota Department of Natural Resources has exclusive jurisdiction to grant or deny dredge permits for work in public waters, and that local ordinances of Appellant City of Orono (the 'City") which purport to regulate such activity are null and void. Welsh v. City of Orono, Nos. C3-83-699 and C2-83-1276 (Minn. Sup. Ct. filed August 31, 1984) (the 'Welsh Opinion") at 9. With respect to Mr. Welsh's accompanying claim for his reasonable attorneys fees under 42 U.S.C. S51983 and 1988, this Court affirmed the trial court's decision denying those fees, holding that Mr. Welsh's action was essentially private in nature and not within the spirit of the attorney's fee provision of the Civil Rights Act. Id. at 11-12. Mr. Welsh herein contends that this Court has misconceived and misapplied the relevant case law regarding the award of attorney's fees under 42 U.S.C. S1988 and has failed to consider the degree to which Respondent's action advances the public interest. ARGUMENT 1. A PREVAILING PLAINTIFF W 0 HAS OBTAINED INJUNCTIVE RELIEF TO VINDICATE HIS CIVIL RIGHTS NEED NOT HAVE ADVANCED A BROAD PUBLIC INTEREST IN ORDER TO RZCOVER REASONA.BL£ ATTORNEY'S FEES. At -ached to the trial court's Order denying tir. Welsh's request to petition for an award of attorney's fees was the following Memorandum: MEMORANDUM It must be remembered that the power to award attorneys' fees under 42 U.S.C. 51988 is a discretionary power. It is the opinion of this Court that an award of attorneys' fees would be inappropriate in the case at hand. As a general rule, an award of attorneys' fees is punitive in nature. In this case there is no indication of any misconduct by defendant that would warrant an award of attorneys' fees. The plaintiff merely has asserted a private right for wh_;_:r he has been given relief. Memorandum of Judge .rving C. Iverson, August 1, 1983 (emphasis added). This Court affirmed Judge Iverson's decision in spite of his obvious reliance on the errc.:eous premise that fees under 42 U.S.C. 11988 should only be awarded against a defendant who acts in bad faith (see Respondent's Brief and Appendix at 27-29). MC Notinq that the trial court referred in passing to the private nature of Mr. Welsh's action, this Court cited the following cases to support the conclusion that the failure to advance a broad public interest 'constitutes sufficient special circumstances to deny an award of Section 1988 fees": Martin V. Hancock, 466 F. Supp. 454 (D. Minn. 1979); Green V. Carbaugh, 460 F. Supp. 1193 (E.D. Va. 1978); Naprstek v. City of Norwich, 433 F. Supp. 1369 (N.D. N.Y. 1977); Boland v. City of Rapid City, 315 N.W.2d 496 (S.D. 1982)• Welsh Opinion at 11. This conclusion flies in the face of prevailing case law. Moreover, Martin is no longer good law, Naprstek and Green do not stand for the proposition asserted by this Court, and Boland is inapposite to the case at bar. A. Controlling Case Law Contradicts this Court's Conclusion that the Essentially Private Nature of an Action Justifies the Denial of Section 1980 Fees to a Prevailing Plaintiff. It is now well established throughout the federal circuits that 'a request for attorney's fees should not be denied merely because the action provided a private benefit to the plaintiff rather than a public benefit to a class of similarly situated ,..-sons." Wheatley v. Ford, 679 F.2d 1037, 1040 (2d Cir. 1982' In Busche v. Burkee, 649 F.2d 509 (7th Cir.), cart. denied, 45. U.S. 897 (1981), defendant argued that attor--+'s fees should be awarded only to those parties who bring a s in the capacity of private attorneys general to enforce the civil right• statutes on behalf of a class. Defendant sought to limit the application of 42 U.S.C. 51980 to � actions which seek equit- -3- able relief. 649 F.2d at 521. The Seventh Circuit concluded that such a construction would contradict the unqualified language of 51988. Section 1988 explicitly extends to all 51983 actions, without regard to the number of plaintiffs or type of relief sought. Citations oeitted. A prevailing plaintiff in a 51983 action "shaild receive fees almost as a matter of course," Davis v. NurPhy, 587 F.2d 362, 364 (7th Cir. 1978), unless e � spl eircumstances render surh an award unjust. Busche v. Burkee, 649 F.2d at 521 (emphasis added). Further, in Ronczak v. Tyrrell, 603 F.2d 13, 19 (7th Cir. 1979), the Seventh Circuit specifically rejected a defendant's claim that plaintiffs should receive no attorney's fees because their lawsuit vindicated a private,.rather than a public, interest. The First Circuit has also rejected the notion that a plaintiff must further a public interest to be entitled to his reasonable attorney's fees under S1988. indeed, in support of this conclusion the First Circuit quoted Zarcone V. Perry, 58. F.2d 1039 (2d Cir. 1978), cert. denied, 439 U.S. 1072 (1979), a case heavily relied upon by the City herein. See City's Reply Brief at 22-23. (T]he Second Circuit, in rejecting the district court's reasoning in Zarcone, noted "that in authorizing awards of attorneys' fees to plaintiffs in civil righ�s actions Congress was concerned with enforcement not o ', of the civil rights of the public at large and of '.':ntifiable —oups but also with the ri hts of indly idual lain- fs. Its goa was to remove financial impe invents •might preclude or hinder 'private citizens,' c.ilectively or individuall}. from being 'able to assert their civil rights,' senate Report at p. 2, U.S. Code Cong. a Admin. News 1976, l• 5910. . We therefor• rejec+ the view that, to be eligible for shifting of attorneys' fees, the civi' I ghts plaintiff is obligated to show that his action resulted in direct benefit to others, rather than in benefits solely to himself.* [Citation omitted.] Peres v. University of Puerto Rico, 600 F.2d 1, 2 (1st Cir. 1979) (emphasis added). Moreover, the united States District Court of Rhode Island has specifically held that a business entity which successfully claims governmental violation of its property rights is entitled to its reasonable attorney's fees - if its suit does not produce a direct benefit to the public 'ge. United Nuclear Corp. v. Cannon, 564 F. Su, 581, 584 I. 1983). See also, Dickerson v. Young, 332 N.W.2d 93 (Iowa 1983) (trial court properly allowed $50,000 as attorney fee award under S1988 in action alleging tr,-oass, conversion and deprivation of civil rights arising out of destruction of plaintiffs' robile home). Thus, contrary to this Court's apparent understanding, under controlling case law Mr. welsh is entitled to his reasonable attorney's fees under Sec1908 even if the property interest he vindicated is construed to be purely p •3te 'n nature. B. The Cases Cited by this Court Do Not Support the Denial of Reasonable Attorney's Fees to Mr. Wel3h. Is sx)ite of this consensus view, this Court has ruled to the contrary in % present ease, citing Martin v. Hancock, 466 1-. Supp. 4 ! (u. Minn. 1979), and the other cases cited at prae 3 of this Petition for the propos)-ion that the private nature of Mr- Welsh's act!ni, justifies a denial of attor- .'a fees. Recent opi.,:uns have thoroughly eroded the value of Martin as precedent. In Martin, Judge Devitt of the United States District -5- Court of Minnesota relied on the district court opinion in the above -cited Zarcone v. Perry, 438 F. Supp. 788 (E.D.N.Y. 1977), in support of his conclusion that a plaintiff must advance a public interest to be entitled to his attorney's fees: Chief Judge Mishler (of the Eastern District of New York], in a perceptive opinion, denied attorney's fees to the prevailing plaintiff, reasoning that "it is only when plaintiffs advance the public interest by bringing .he action that an award of attorneys' fees is proper." (Citation omitted.) The rationale of Zarcone is sound_ and should be applied in this case. Martin, 466 F. Supp. at 456 (emphasis addeCl . However, at the time Judge Devitt rendered his decision in Martin, the Second Circuit had already reviewed the district court's decision in Zarcone and spec_fically rejected Chief Judge Mishler's conclusion tl)at the private nature of a civil rights claim precludes the award of fees. Zarcone v. Perry, 581 F.2d at 1042. In a subsequent decision, the Second Circuit further clarified its view regariing this public, versus private, benefit issue: The "private" nature of Zarcone's claim was not the principal basis for our decision there; indeed, although we affirmed the lower court's denial of a fee, we specifically rejected i_s conclusion that "to be eligible fo,, shifting of attorneys' fees, the civil rig'Ats pla ,if is obligated to show that his action resulted in direct benefits to others, rather than in benefits solely to himself." Milwe v. Cavuoto, 653 F. 2d 80, 83 (2d Cir. 1981). Accord, Wheatley v Ford, 679 F.2d 1037, 1040 (2d Cir. 1982). Thus, Judge Devitt's opinion in Martin drew its only support from a district court decision which had already been rejected on appeal an,1 further disclaimed by the Second Circui' in a subsequent .-_ 6 ._ opinion. As such, Martin can hardly be viewed as sound precedent in the case at bar. This Court also cited Boland v. City of Rapid City, 315 N.W.2d 496 (S.D. 1962), in denying Mr. olelsh's claim for attorney's fees. Boland is unsound precedent in the instant case, as the reasons for which the Boland plaintiffs were denied their attorneys' fees are entirely absent here: Counsel are not private attorney generals (sic], but act as private counsel seeking substantial monetary damages for their clients' injuries, from which they [plaintiffs' counsel] will be compensated. Boland, 315 N.14.2d at 503 (emphasis added). Moreover, the court in Boland stressed that the plaintiffs did not seek injunctive relief. Id. Mr. Welsh, on the other hand, sought and secured injunctive and declp,atory relief, and made no claim for money damages. Although this Court made no reference to the nature of the relief sought by Mi. Welsh in ruling on his claim for fees, that factor should be carefully weighed in cases such as this. The Second Circuit has specifically looked to the type of relief sought by a plaintiff in decidi.ig whether an awar2 of attorney's fees is appropriate. in analyzing its decision in Zarcone, the Second Circuit noted: Although we referred to the "public" benefits of the suit as a factor in favor of fees, we explicitly declined to foreclose awards where an individual _ successfuiIy sues for equitable relief. Thus, while Zarcone was principally redressing an "essentially private injury," the controllingreason for denying fees was that the denial of an award did not "present a -7- significant barrier to institution and prosecution of a suit for damages." [Citation omitted.] Kerr v. Quinn, 692 F.2d 875, 878 (2nd Cir. 1982) (emphasis added). The Second Circuit ultimately concluded that a denial of attorney's fees to a plaintiff who sought only equitable relief would deter similarly situated plaintiffs from enforcing their constitutional rights. Id. at 878-79. That reasoning applies fully to the case at bar. Mr. Welsh did not seek monetary damages, but instead sought and obtained declaratory and injunctive relief which establishes the far-reaching principle that the Department of Natural Resources has exclusive jurisdiction over work in the beds of public waters throughout the State of Minnesota. With no promise of money damages or a recoupment of their reasonable attorney's fees, Mr. welsh and others similarly situated would face an undue economic bur, -:en in seeking to entorce their civil rights. 51988 safeguards against such a result. In short, the nature of the relief sought by Mr. Welsh is a major reason for this Court to reject the Boland result and to recognize Mr. Welsh's entitlement to fees under S1988. Finally, this Court cites Green v. Carbaugh, 460 F. Supp. 1193 (E.D.Va. 1978), and Naprstek v. City of Norwich, 433 F. Supp. 1369 (N.D.N.Y. 1977), in support of its conclusion that the instant action is not within the spirit of S1988 fee awards. However, fees were denied in those cases not because of the private nature of the actions, but due to tt,e courts' displeasure with plaintiffs and their respective counsel. -8- In Naprstek, the district court denied the award of attorney's fees because it found that the lawsuit was frivolous, unduly contentious and thoroughly unnecessary, however successful it had been. Nor do we think Congress intanded to award attorneys for burdening federal courts with unnecessary litigation when they have not even attempted to remed; their clients' grievances by talking out their differences with duly constituted executive and legislative Authorities at the local level. 433 F.Supp. at 1371. In the instant case, the record before the trial court and this Court amply reflects the substantiality of this lawsuit and Mr. Welsh's efforts to resolve his differences with the City of Oronq short of litigation. There is not the slightest suggestion of the misbehavior and frivolity on which the court in Naprstek relied in denying attorney's fees. .n Green v. Carbaugh, like Naprstek, the district court denied a fee petition because of its displeasure with the plaintiff for having instituted suit. See Green, 460 F. Supp. at 1194. Mr. Welsh has discovered only one case which has relied on Green. In Young v. Kenley, 465 F. Supp. 1260 (E.D. Va. 1979), the court cited Green for the proposition that Congress did not intend that attorney's fees be awarded under Section 1988 in "an action which need never have been filed." Young v. Kenley, 465 F. Supp. at 1264. Thus, the cases cited by this Court simply do not support the ce-ntention that a plaintiff suing for injunctive re'.ief must advance a broad public interest if he is to b- awsrded his -9- reasonable attorney's fees under S1988. Furthermore, there is overwhelming case law in support of the directly contrary proposition. Mr. Welsh is entitled to his attorney's fees whether or not his action has advanced a broader public interest. 2. THIS COURT ERRED IN CONCLUDING THAT RESPONDENT'S ACTION DOES NOT SUBSTANTIALLY ADVANCE A BROADER PUBLIC INTEREST. The riyht to own private property free from undue government interference is a fundamental right protected by the state and federal constitutions, and the United States Supreme Court has specifically held that 12 U.S.C. S1983 applies to deprivation of property rights. Lynch v. Household Finance Corp., 405 U.S. 538, 553, reh'g denied, 406 U.S. 911 (1972). This Court erred in associating the case at bar with certain "dog bite cases" and common law negligence actions in which courts have denied attorney's fees. Mr. Welsh sought and obtained declaratory and injunctive relief to prevent Appellant City of Orono from interfering with his DNR-appro% _ _redging plans. As a result of his action, this Court has firmly established the broad proposition "that the DNR has exclusive jurisdiction and authority to regulate dredging in beds of public waters in Minnesota and that local ordinances . . . which pu:port to regulate such activity are null and void." Welsh Opinion at 9. In achieving that result, Mr. Welsh has benefitted similarly situated landowners throughout the State of Minnesota by clarifying the regulatory relationship among units of government with respect to public waters, and ensuring that complex environmental issues will be addressed in a consistent -10- manner. As such, it is properly viewed as a private attorney general type of claim. Unlike a typical common law negligence case, Mr. Welsh's cause of action "raises an issue vital to the regulatory authority of cities throughout Minnesota which have lakes and streams within their boundaries." City's Pre -hearing Conference Statement to `his Court at 8. In contrast to the decision herein, the cases on which this Court has relied in denying Respondent his attorney's fees establish no such far-reaching legal principles. Martin was, in fact, a "dog bite case" in which the plaintiff obtained a $2,550 award because a police officer was found to be negligent in his control of a police dog. Boland was an action for monetary damages only, occasioned by the defendant's condemnation a,ld destruction of a building owned by the plaintiff. Neither case had an extensive impact on governmental regulatory action, and each advanced a public interest only in the indirect manner of most common law negligence cases. Naprstek and Green, the other two cases cited by this Court, were frivolous, unreasonably contentious and thoroughly unnecessary actions which established no significant principles and landuly burdened the federal courts. Naprstek, 433 F. Supp. at 1371; Green, 460 F. Supp at 1194. In fact, Green stands for the proposition that Congress did not intend that attorney's fees be awarded under S1988 in actions "which need never have been filed." See Young v. Kenley, 465 F. Supp. 1260, 1264 (E.D. Va. 1979). The record in the instant case amply reflects the substantiality of this lawsuit and Mr. Welsh's efforts to resolve -11- his differences with the City of Orono short of litigation. T1--re is no suggestion of misbehavior or frivolity on the part of Mr. Welsh or his counsel, and this Court's decision on the merits establishes an important regulatory principle sure to have broad impact in the land of ten thousand lakes. Mr. Welsh is entitled to his reasonable attorney's fees for having vindicated such a public interest. CONCLUSION For the reasons cited above, Mr. Welsh is entitled to the following relief from this Court: 1. Reversal of this Court's prior decision denying Mr. Welsh the right to -petition for his reasonable attorney's fees pursuant to 42 U.S.C. SS1983 and 1988; and 2. Remand of this matter to the district court to deter -mine the a►nount of fees to which Mr. Welsh is entitled. Dated: Septe;uber 20, 1984. Respectfully submitted, By — Scott G. Harris Attorney License No. 132408 1121 West 48th Street Minneapolis, Minnesota 55409 (612) 823-6977 STACK R 6 RAVIC Eilee Robe is y License No. 92174 900 First Bank Place West Minneapolis, Minnesota 55402 (612) 349-4500 Attorneys for Plaintiff -Appellant C. Rex Welsh -12- Consolidated Appeals No. C3-83-699 and C2-83-1275 STATE OF MINNESOTA IN SUPREME COURT C. Rex Welsh, Plaintiff -Respondent, VS. City of Orono, a Minnesota municipal corporation, Defendant -Appellant. Statutory Costs Disbursements: BILL OF COSTS AND DISBURSEMMENTS IN SUP. CT. FILE NO. C3-83-699 $ 25.00 Brief. and Appendix of Respondent C. Rex Welsh, Sup. Ct. File No. C3-83-699 337.42* (Statement attached) THIS BILL OF COSTS AND DISBURSEMENTS TAXED AND ALLOWED IN THE TOTAL AMOUNT OF S 362.42 Dated: September 1 1984 Wayne O. Tschimperle Clerk of Appellate Courts * Original statement amount of $411.92 has been reduced by $74.50 because 17 pages of Respondent's 94-page Brief and Appendix was related to appeal No. C2-83-1275, on which Respondent did not prevail (17/94 x $411.92 - $337.42). i '. 'ice NCY 9 of 4217 Bachman Printing 6C9 S(CO%D A'd(%U( SOUTH • BUILD(AS (ICHANG( BUILDING • MIN► (AP005 MI► IASOTA 55402 • T(t(PHOI4( (612 339 GS',E Slacker, Ravich G Simon I,w,Orrr••,M, 900 First Bank Place West Tom,„„ /J..r Cash. Ill M i nnea po i i s. MN 5402 InJ,,,,au•i Marie rtrrine Nn 349-4547 C&O Cry. X A •.--1 .14. chargr wN he mids, wi all p w itup ate ni,n1% ii1 NO ol.w ~el oho r.rl. ed 1p•v mnnin on ihr 20 copies of Respondents Brief C3-83-699 t C2-83-1275 C. Rex Welsh v. City of Orono 32c.60 A Twal Sli11 .92 Attachm-nt to Bill c,f C,,sts and Disbursements in Sup. Ct. F11-2 N:,. C3-83-699 Consolidated Appeals No. C3-83-699 and C2-83-1275 STATE OF MINNESOTA IN SUPREME COURT C. Rex Welsh, Plaintiff -Respondent, NOTICE OF TAXATION OF COSTS AND DISBURSEMENTS VS. IN SUP. CT. FILE NO. C3-83-699 City of Orono, a Minnesota municipal corporation, Defendant -Appellant. --------------------------------- TO: Bruce D. Malkerson and Thomas J. Radio, Popham, Haik, Schnobrich, Kaufman 6 Doty, Ltd., Attorneys for Defendant - Appellant City of Orono PLEASE TAKE NOTICE, that on the 24th day of September, 1984, application will be made to Wayne O. Tschimperle, Clerk of Appellate Courts, at Room 230, State Capitol, in the City of St. Paul, County of Ramsey, State of Minnesota, to have the attached Bill of Costs and Disbursements taxed and inserted in the judgment then and there to be entered in this case. Dated: September 17, 1984. Respectfully submitted, STACKER i RAVICH Ei a M: R bez s rney Lice a No. 92174 900 First Ban Place West Minneapolis, MN 55402 (612) 349-4500 Attorneys for Plaintiff -Respondent C. Rex Welsh Consolidated Appeals No. C3-83-699 and C2-83-1275 STATE OF MINNESOTA IN SUPREME COURT C. Rex Welsh, Plaintiff -Respondent, VS. City of Orono, a Minnesota municipal corporation, Defendant -Appellant. ST;%TE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) AFFIDAVIT OF DISBURSEMENTS IN SUP. CT. FILE NO. C3-83-699 Eileen M. Roberts, being duly sworn, states upon oath: That she is one of the attorneys for Plaintiff -Respondent C. Rex Welsh in the above -entitled matter, and that to the best of her knowledge the Bill of Costs and Disbursements filed herewith in a true and correct statement of Plaintiff - Respondent Welsh's disbursements in the above -entitled matter. Further your Affiant says not. �Eil, K. b its Dated: September 17, 1984. Subscribed and sworn to before me this 17th day of September, 1984. ^ r Notary Public �IIIrI,�NN BARBARA J. DUNKER NOtMy PUBLIC — MWMI TA RAMSEY COUNTY u. con.... won [•piles w. . wow++ . • - , . I'N - � ,w •r11 N�NNM++� EXPRESS .� .'*1e, OCTOBER 1984 1' ( _ 3 � TRANSPOR1A1I0N ►J��� . 3614 Bryant Av S Minneapolis. MN 55409 827 1721 Mark Ryan began as the new director of West Metro Cc,ordinate�d Trans- n portation on September 24, 1984. (� Q Mark's experience includes managing the daily operations nf-4uburtm n Z Paratransit, a provider of Metro Mobility service rl Minnea lis n C") suburbs. His expertise in management, operations, and spec traps- r— portation is sure to be a great asset to West Metro Coordin d c, Transportation. 0 — C A resident of Minnetonka, Mark is a graduate of the UniversOf Minnesota where he conducted a study on transportation serviZ.s for z handicapped individuals in Hennepin County. Fie has also bee© a member of the West Metro Coordinated Transportation Advisory Council and the South Hennepin Transportation Task. Force during the past year. Mark's other interests include hl; involvement in the administration of the National. Ski Patrol throughout Minnesota, parts of Wisconsin, an(I the Dakotas. Volunteer. Training Funds are now available through West Metro Coordi- nated Transportation. The purpose of these funds are to assist in covering relevant training costs of volunteers in transportation programs. (Examples of training are defensive driving, passenger assistance, and first aid.) The following criteria must be met to be eligible for these funds: -non-profit status -provide or plan to provide transportation for senior citizens unable to use regular transportation -have no other means of funding volunteer training Funds will be limited to the training of volunteers and will be awarded upon approval of West Metro Coordinated Transportation. For informa- tion on how to apply, contact Kathy Farris, 827-1721. Please make the following changes in the listing "Transportation Services for Senior Citizens in Hennepin County": p. 10 Metro Mobility Change information number to 349-7480 Chanqe ride number to 349-7474 Change cancellation number to 349-7488 (More information on Metro Mobility will be presented in the November i::sue . ) ( ()VE:R ) TRANSPORTATION SPOTLIGHT - People Responding :n Social Minisir� (PRISM) People Responding in Social Ministry (PRISM) is an ecumenical coalition made up of 12 churches within five northwest Hennepin County suburbs. Working together to more effectively extend community services, PRISM provides real opportunities for members to serve the residents of Robbinsdale, Golden Valley, Plymouth, Crystal and New Hope who are in need. The services PRISM offers are information & referral, an emergency food shelf, Potluck Program, financial assistance, a clothes closet, furniture and household items, a blood pressure clinic, Thanksgiving and Christmas projects, and transportation. The transportation program at PRISM began in February 1984 to provide rides to the area's elderly and low-income individuals unable to use other means of transportation. using volunteers driving their own cars, transportation is provided for medical and other necessary appointments. A volunteer picks up riders at their homes and trans- ports them to any reasonable destination. Personal assistance (such as help with walking, carrying paA ages, etc.) is also given as the volunteer is able. To request a ride, call Romana Horr, 544-7522, at least two days in advance between 9:00 a.m. and 5:00 p.m., Muric:ay through Friday. A PRISM staff member will ther, conduct ..n intake interview to determine eligibility. Rides nie given between 10:00 a.m. and 4:00 p.m., Monday through Friday, at no charge --however donations are accepted. Because this transportation service only recently began, PRISM i:. actively seeking more drivers for the program. Plans are to increase both the number and kinds of trips given in order to better meet the needs of the community. F'or more information on PRISM, contact Romona Horr, 8701 36th Avenue North, New slope, 55427, 544-7522. West Metro Coordinated Transportation is made possible in part under the FEDERAL. OLDER AMERICANS ACT through a grant from the METROPOLITAN COUNCIL under an area plan approved by the MINNESOTA BOARD ON AGING. -------------------------------------------------------------------------------------- '.est Metro Coordinated Transportation NON f'gC,l +T OVi G. Senior Citizen Centers of Greater Minneapolis U.c 3614 Bryant Avenue South V Al D Minneapolis, MN 5%409 M-L .... . ti 900+. Perm!! r40 299 Arad Van Nest, Mayor City of Orono Box 66 Cry-:tal Bay, MN 55323 A�� r"y 60ra<OYTI InO;la you /u �Wrt wa,4 Mem n an VwonAa &Vamw off MuLwday, Oao% 24, &84 d�;wn 4.07 YX tv 6.00 -OX.. ae ,P46> (ir,,n ere 0o levard �orurd, _ ff'-weiola �mrf0 uaurii/ .Iona ntr a *- J,r Me-(vAX,,, tre n, Ji4r,.ie n° a/ and . ff&we f&,1a A! 64, r %f"w7r// COUNCIL MEETING CITY OF ORONO -%- t „t 0 > lOAMO MEMEEMS RoMnl T:puw Orown, Cheuman Gn cn.�-Kid Roped P Aascop. VKe Chernhan Shnrw,n A JoEllen Hun, Secrwtary ....... rn. .o f d+. a,0 t: Itiomwn, 7/w.euyer To'k., Nay CMn..M 5 boynlon Mlnnwl(-n�a peach Jonathan R Elam Mouna Alan iasc hmg Mmnelrsla R.checd J 13e1w000 Dewpha"e A,,Wey Grsvold Wayzata Ron Kreeme. Spring Pa,k Roper) K Pdlsoury M,nnrlonha Robert E Slocum Wcxrdten0 RKhold J Soderberg v Klc—a Carl H Wrrsse, _AKE MINNETONKA CONSERVATION DISTRICT e('E AST LAKE STREET Vv'AYZATA MINNESOTA 55391 TELEPHONE 6121473 7033 October 10, 19E4 Marty Jessen Lowry Nature Center 7025 Victoria Drive Excelsior, MN 55331 Dear Marty: i MA0IM MINA FIECUTwE 01AFC1011 COUNCIL MEETING 0C T 1 5 Ian.. CITY OF ORONO Subj: Noerenberg Memorial Advisory Committee Representative The LMCD Board of Directors at its last meeting appointed JoEllen L. Hurr Director to represent the LMCD on the Noerenberg Memorial County Park Advisory Committee. We would appreciate periodic reports of the committee's activities. Thanks for considering the District for participation on the committee. Sincerely, LAKE MINNETONKA CONSERVATION DISIRICT Frank Mixa Executive Director jm c: JoEllen Hurr City of Orono Robert Tipton Brown Ca I I E734 j ., COUNCIL MEETING MINUTES OF THE MEETING OF THE SCHOOL BOARD OCT 15 19o4 OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON MONDAY, SEPTEMBER 24, 1984 CITY OF O R O N O The regular meeting of the School Board of Orono Independent School District No. 278 was held on Monday, September 24, 1984. Present: David McKown James Franklin James Seiter Jon Anderson Willian Levering William Fenholt Kitty Crosby Reuben Palm Jim Seiter briefly explained the letter from John Holten of Faegre i Benson. Mr. Seiter stated that the attorney rates will be going up somewhat but it has been a number of years since there has been an increase. Reuben Palm stated that he had spoken with Mr. Holten who explained that he had 10 or 12 clients such as Orono and the increases were done uniformly for all these clients. Dave McKown stated that it was good to see the reading scores up according to the Gates-Macginitie reading results enclosed in the agenda. Bill Fenholt explained the June and July Budget Reports that were enclosed with the agenda material. Mr. Fenholt stated that the June report represents the end of the fiscal year and it shows that 99% of the budget was spent. Kitty Crosby asked if the Orono School District had addressed the item of equal access legislation. Mr. Seiter explained that this law only affects secondary schools that have limited access. After discussion with Or. Winter, they did not see the need to pursue this at this time as Orono does not have "limited public forum" access. Reuben Palm stated that he had been questioned by a parent as to the parking at the high school for sports activities which let out later than the activity bus but yet sophomores cannot drive. Mr. Seiter explained that sophomores can drive on a limited basis if there is parking available and they have a proven need that they have to drive. The problem is lack of parking space. After discussion by the Board, Mr. Seiter will check further on the parking situation at the high school. Discussion ensued regarding the new grading system at the elementary school and it there were any modifications being made to what had been approved by the Board. Mr. Seiter explained that if there were modifications to be made, these would be brought to the Board's attention. Jim Franklin requested that the ele- mentary grading system be brought back before the Board for review at the October 9, 1984 Board meeting. Kitty Crosby requested that concerned parents attending the meeting be permitted to comment. The Chairman concurred and requested that the committee who devised the report card be present. Jim Seiter informed the Board that two very productive meetings had been held between representatives from Woods Academy, Maple Plain Council and Orono admi- nistrators. There was agreement by both parties that the grounds and the building, too, could be shared. At the second meeting both parties presented written agreements, and as Maple Plain Council presentee' an agreement requesting some sort of partnership, Woods Academy wanted some time to study this proposal and see how it might be workable for both parties. Woods Academy will not agree to any convenant affecting the title or ownership of land by anyone except them- selves but they are willing to work closely with Maple Plain as far as use of the grounds and building are concerned. Mr. Seiter stated that the Board should consider proceeding with the drafting of a lease agreement for consideration as Woods Academy needs to make decisions for next fall relative to where they will be located. Thus they are interested in moving as rapidly as possible. Discussion ensued regarding the necessity of resolving the grounds issue before finalizing the lease agreement, which would involve an agreement being reached regarding the lease period of 5 years. After that time an arrangement would have to be worked out between Woods Academy and Maple Plain if Woods Academy exercises its option to purchase the school. The consensus of the Board was to proceed with preliminary lease arrangements. Jim Seiter commented on the work of administration regarding the referendum. Mr. Seiter and Mr. Fenholt have attended several area groups 1n order to pre- sent the necessity of the referendum. Joan Lane has been very active with her committee, the Fact Sheet was mailed to all residents and articles have been published in the PIONEER. With all this publicity, it is hoped that the resi- dents of the District will be fully infarmed. UPON MOTION by Don Anderson, seconded by Kitty Crosby, Greg Eldred was hired as the head wrestling coach for the 1984-85 school year. The Parent Meet and Confer meeting will be held on Monday, October 15, 1984, at 7:00 p.m. UPON MOTION by Kitty Crosby, seconded by Bill Leveriny, the changes in the Parent Teacher Conferences for the middle school and elementary school were approved as follows: Approved by the Orono School Board - September 24. 1984 Conference schedule for middle school: 1. Monday, November S. This will be a normal school day for students and teachers. In addition. conferences will be held from 4:00 P.H. to 9:30 P.M. (A hours). 2. Tuesday, November 6. There will be no school for students; conferences will be held from 8:00 A.M.-6:00 P.M. (10 hours). a. 8:00-10:00 A.M. parent -teacher conferences b. 10:00 A.M.-3:00 P.M. Annual review will be scheduled by special education teachers with mainstream teachers in attendance as required. c. 3:00-6:00 P.M. parent -teacher conferences 3. Wednesday, November 7. There will be no school for students or teachers. Conference schedule for elementary school: First day of conferences Noon - 8 p.m. Second day of conferences 8 a.m. - 4 p.m. Third day of conferences 8 a.m. - 4 p.m. Teachers would not be required to be at school until on the first day of elementary conferences, which is Monday. Novenber 5. The Board asked that this change be evaluated at the end of the school year. UPON MOTION by Reuben Palm, seconded by Don Anderson, the bills as covered by vouchers 045064 through 045222 were approved as presented. The School Board meeting was recessed at 7:21 p.m. and the public hearing for the October 9, 1984 referendum was held. Dave McKown asked Jim Seiter and B'll Fenholt to present information regarding the referendum and the meeting was opened for questions from the audience. The tape of this meeting is available at the District Office. The Board meeting reconvened at 9:10 p.m. Discussion was held with Board mem- bers stating their reaction to the public hearing and also the referendum. Jim Seiter stated that he and Bill Fenholt would appreciate any of the Board members attending the informational meetings with them. UPON MOTION by Bill Levering, seconded by Jim Franklin, the meeting was adjourned. i Approved: C Dave McKown, Chairman 3 COUNCIL MEETING 0C T 1 5 1964 DATE: October 9, 1984 CITY OF QRONO TO: Orono City Council FROM: Chief Mel Kilbo SUBJECT: Used 7th Police Vehicle You requested information regarding another vehicle for the police department. We presently have 13 sworn officers and 14 reserve officers with 6 squad cars. The Chief is assigned an unmarked squad car, that leaves 5 marked squad cars. Two of the squads and 5 officers are assigned to the contract cities, that leaves 3 squad cars for 8 officers and 14 reserve officers. Presently ric so each officer is assigned to each squad car: 10- 2- 84 SQUAD M ASSIGNED TO YEAR MILEAGE CITY 135 Chief Kilbo 1981 42,000 Orono 138 Kirnyczuk-Pielow 1983 63,000 Orono 139 Anders on-Tomczyk 1983 61,000 Orono 140 Fritz ler-Johnson-Morowczynski 1984 * 27,000 S. Park 141 Sat. Cheswick -Pearson 1984 * 19,000 L. Lake 142 E k Gn riffiths 1984 * 16,000 Orono - *=since April 1984 Assistant Chief Burmaster uses whatever squad is available, as do the Reserves. By using this system, the squads are kept up better and repair cost are kept down. Any given day, we need three squads for each shift and some days we need four squads for each shift as we have four officers working each shift. Also, on any given day, some of the squads go in for repairs and service. There are days when we have officers attending schools, which require a squad to co to school, so we don't have to pay mileage (.23 per mile) for the officers private cars. Also, there are days when reserve officers work on special details, which require a squad car. Presently, we are using squad 0137 (which goes to auction on 10-6-84) for sending the officers to school, reserve activities, special undercover operations, hostage situations, command center in a disaster, and by the assistant chief when ever available. And speaking of disasters, if you remember April 27, 1984 when a tornado went through Long Lake. That day we used all seven vehicles, 135,137,138,139,140,141,142, and could have used more. Since April 1984, we have spent $115.00 for repairs and service on squad 337. Also by using Squad 137 for schools, etc., we have spent $14.11 for mileage out of a budget of $825.00. If the council wishes, we will sell three units in 1985. However, I feel this extra unit would be of benefit to Orono. i AT Z C. T Y T F S S M 7 IS /to 17 iQ I q z0 2! 2 L i. A A A A A A -n ':z_k R JA A A A a A A 4 A a a a a a a I ...r .. C C C. G C C- C- C C C C- C. C C _ 520 Morovczynski 51.0 Johnson C L C- C C. C JA A A A A A -A7 V T F S S— m T w T— F S S M. Sl IS I /I. 17 11' "k -. 'ZI ii i3 '11-4 it 1, 1, 27 30 ::�:-z,,k 1A A .4 .4 A A A a A--tn A A A A A A A A A A A A 4 JA A .4 n a x viL a s a a a a d G 16 J 9 13 S a a a a L3 C. C- C. c c c c c C_ C- C. PeAf C- C C- C- C- C. C- C- c c C- -C- C- C. c c 13 c J3 a 43 a 13 _pp3 --FA C- C- i c ---c c C- C- a 23 a 520 4orowrzynski G - 13 S C- L C C. C- C- C C- 0 c C- 510 Johnson [A -A JA LA TA 14 'A .4 A 4 W, MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 1 A 7- PM The Orono Planning Commission met on the above date with UUM� E TIN G the following members present: Acting Chairman Callahan, Kelley, Adams, Sime and McDonald. Chairperson Goetten and Rovegno were absent. Zoning OCT 15 19?4 Administrator Mabusth, Assistant Zoning Adminis- trator Gaffron, and Recorder Sutton represented the City staff. Council Representative Hammerel arrived CITY OF ORONO at 7:40. i859 DENNIS KUMLIN 2665 FOX STREET SUBDIVISION PUBLIC HEARING 7:30 - 7:34 PM Dennis Kumlin was present. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. There was no one present from the public. Zoning Administrator Mabusth stated that additional septic testing will be needed before the application can go to the Council meeting. Mabusth stated that this iL a subdivision for the creation of one new 'residential lot which will have a shared driveway. Kelley asked if the dry buildable was excluding the easements. Zoning Administrator Mabusth stated that the line could be redrawn to acquire additional dry buildable if needed after the easement is taken. Sime moved, Adams seconded, to approve the two lot plat of Dennis Kumlin finding that all standards of the RR - lb zoning district and platting code have been fulfilled subject to the following conditions: 1. Applicant to provide required septic test data for lot 1. 2. Payment cf park fee of $200 for newly created lot 1. 3. Access for Lots 1 and 2 will be shared located at the existing curb cuts. 4. Owners to provide appropriate access easements when design of plat is finalized. 5. Dry buildable area to be confirmed after easements have been taken. Motion, Ayes (5), Nays (0). MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 2 f860 FUNK/ROGESHESKE 540 OLD CRYSTAL BAN RD SO SUBDIVISION PUBLIC HEARING 7:45 - 8:20 PM George Funk and Judy Rogesheske were present. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit cf publication. Planning Commission member Kelley stepped down from his Planning Commission seat because of a conflict of interest. The following neighbors were present for this public hearing: Pat and Lon Doherty of 2790 White Oak Cir.-le Mary 6 James Marier of 2775 White Oak Circle Zoning Administrator Mabusth noted that access to the newly created lot would be via the private road White Oak Circle. Mabusth stated that White Oak Circle is still owned by the developer, Chuck Van Eeckhout. James Marier of 2775 White Oak Circle presented a position paper to the Planning Commission noting his concerns. Marier concerns were about drainage, parking of contractor's vehicles, stress upon White Oak Circle drive due to heavy construction equipment traffic, and the possible extension of White Oak Circle. Marier asked that this new road be built to the same standaras that White Oak Circle was subjected to when it was built. Marier stated that all contractors' vehicles s'iould be parke,3 off of White Oak Circle and onto the proposed subdivision site. Marier stated that the heavy traf f is may damage White Oak Circle and that the developer should be willing to pay for any damages. Marier stated that the easement purchase agreement between Van Eeckhout and Fur.k/Rogosheske provides for a purchase price of $6, 000 for an access and utilities easement. Marier aF,ked that this money be put in escrow until the houses are completed so the road can be repaired if there is any damage from the heavy construction traffic. Marier also suggested that construction traffic be limited to access off Old Crystal Bay Road. Chairman Callahan stated that the easement states that the agieement between Van Eeckhout and applicants does provide that upon agreement for the easement the buyers will assume the,'.r prorated share in the maintenance of White Oak Circle. Callahan stated that the agreement further states that a portion of '..he purchase price shall be used for maintenance for White Oak Drive at the time of purchase. Rogosheske stated that White Oak Circle would not be used wher, the regula►- read restrictions go into effect. MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 3 1860 PUNK/ROGESHESKE Pat Doherty of 2790 White Oak Circle stated that right now Van Eeckhout and the neighbors are thinking of forming a homeowners association for the maintenance of the road. i806 WILLOW PROPERTIES 2600 WAYZATA BLVD PRELIMINARY SUBDIVISION Kelley stated that the wetlands on Lot 2 have not been designated on the plat. Zoning Administrator Mabusth advised that there are no designated wetlands within Lot 2. Mabusth stated that there is a drainageway that will be designated as drainage easements on the plat. Chairman Callahan closed the public hearing at 8:20 p.m. Adams moved, Sime seconded, to recommend approval of the plat, White Oaks Overlook finding all the standards of the Orono platting code, RR-1B zoning district and on -site septi4- code nave been satisfied, approved is subject to the following conditions: 1. Drainageway must be designated as 20' wide drainage easements --dry areas of Lots 2 and 3 must be exclusive of drainage areas. 2. Applicants to provide information to City as how future owners of Lots 2, 3 and 4 will participate in the share of the maintenance of White Oak Circle. 3. Payment of perk fee of $600. 4. Dedication of 33' o� right of way for Old Crystal Bay Road. Motion, Ayes (4), Nays (0), (1) abstention. Kelley abstained because of a conflict of interest. There was no one present to represent Willow Properties. Zoning Administrator Mabusth stated that this division will create the 2-acre lot for the Hennepin County library. Mabusth noted she written response from Yngve. Mabusth noted that the entrance to the library would align with the Middle School's driveway. Kelley moved, McDonald seconded, to approve the three lot division of Willow Properties finding all standards of the RR-1B zoning district, septic code, and plot inq code have been satisfied and approval is !I)LAb)ect to the following conditions: 1. Dedication of right-of-way for Highway 12, Old Crystal Bay Road and willow Drive. MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1.984. PAGE 4 1806 WILLOW PROPERTIES 2. City to require underlying road and utility easements over Outlot A. 3. Payment of park fee for Lot 1 at $200. Park fees for Lot 2 and Out lot u are not waived but postponed for future development. 4. Plat road to be constructed per City specifications up to library's private drive. 5. Wetlands within Lot 2 and Outlot B to be designated in future plattings. There are no designated wetlands within Lot 1. Motion, Ayes (5), Nays (0). 1811 JOHN ERICSON 1620 SHADYWOOD ROAD VARIANCE i SUBDIVISION John Ericson was present. Bruce Goldstein, attorney, was also present. Zoning Administrator Mabusth stated that this application is a equest to divide legally combined properties in half -acre zoning district. Mabusth stated that both lots do not meet the area standards. Mabusth stated that Lot 3 (required is a half -acre) the existing area is 19,500 with a variance of 10 percent. Mabusth stated that Lot 4 is 16,200 sf or a 26 percent area variance. Mabusth stated the lot widths on Lot 3 (100 percent requirement) 35 percent variance, and lot 4 lot width variance is 40 percent. Mabusth stated that also a side settick variance for Lot 4 is 3' from the shared lot line and the zoning district requires 10'. Bruce C)ldstein, Ericson's attorney, stated that by grant ng the variance would in no way be in conf 1ict with _he existing neighborhood. Goldstein submitted a pe,.ition from adjacent neighbors stating that they are not in opposition of the variance. Goldstein stated that the variance has gone through a public h-aring and no opposition was raised at that time -ither. C-)ldstein stated that since this is lakeshore property it should be considered separately. Goldstein stated that the MN Supreme Court has spoken to matters regarding lakeshore property. Goldstein stated that in the case of Gerwin vs LeSeur County the court stated that lakeshore property is supposed to be given special treatment because of the uniqueness of the property. McDonald stated that by granting variances with new subdivisions it would set a negative precedence. McDonald stated that 16 new parce?s of land in that ,ieighborhood could be subdivided if this application was approved. Goldstein stated that the hardccver requirements would be met. MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 5 #811 JOHN Li )N Kelley moved, Sime seconded, to recommend denial of the variance and subdivision request made by John Ericson based on the following findings: 1. To approve lot area and lot width variances concurrent with a subdivision would establish a negative precedent. 2. The applicant has received tax :.enefits from the legal combination of Lots 3 and , over the years. 3. The total property has been used as one single residential unit based on location of the garage, access drive, and sewer line that serves existing house. 4. Between Coffee and Hendrickson bridges along North Shore Drive and Shadywood Road fronting on Crystal Bay, 16 properties that are legally combined on two or more lots could seek the same division with variances if this application is approved, resulting in 16 new residences on Crystal Bay. 5. A very preliminary review of the ownership patterns of the LR-IC district above Navarre area shows 16 percent or 43 properties offer the potential of divisions if this application is approved. 6. The property in question has been used as a residential unit receiving tax benefits for a minimum of 30 years. The undeveloped Lot 3 is taxes on an incremental basis, not as a buildable lot. 7. The granting of such variances would change the character of the immediate surrounding neighbor- hood. 8. Approval of this variance and subdivision application would be in conflict with the intent of the Zoning Code and Comprehensive Plan of the City. Motion, Ayes (5), Nays (0). MINUTES OF THE PLANNING COMMISSIO11 MEETING HELD SEPTEMBER 17, 1984. PAGE 6 #846 LEEKLEY'S INC 2500 SIXTH AVENUE NORTH #868 LEEKLEY'S INC. 2450 SIXTH AVENUE NORTH CONDI ATONAL USE PERMIT Bob Leekley was present. Zoning Administrator Mabusth stated that the City Engineer would have to review tha drainage plans submitted on September 17, 1984. Mabusth stated that one of the ponds is a designated wetlands but would still function as a retention basin after the alteration. Leekley explained that the drainage was changed by the property owners to the east changing the grade. Leekley stated that he wants to create a wildlife/duck pond and that the wetlands would still function as a retention wetlands. Sime suggested using a swale instead of a pipe because the pipe can become clogged. Leekley stated that the pipe design was designed by Hennepin County and they suggested that this was the test design. McDonald asked the proposed depth of the pond. Leekley stated approximately 5' in depth. Leekley stated that this proposal will not change the natural nutrient filtering system of the wetlands but correct the drainage problem on the property. Leekley stated that it is a pond that will keep the top water from getting too high. Leekley stated that his basement had a foot and a half of water in it and that this proposal would help the drainage problem on the property. Kelley stated that he would be in favor of not touching the designated wetlands on Lot 2 but restoring the level of water to where it was before the properly owner to the east changed the elevation. Kelley stated that a swale instead of a pipe for Lot 3 Adams moved, Sime seconded, to recommend approval of the variance and conditional use permit for Bob Leekley to allow the construction of a new pond on Lot 3, dredging of existing pond on Lot 2, with a drain tile between the two ponds, based on the following findings: I. The excavation for the pond will have no detrimental effect on the surrounding property. 2. The improvement will enhance the aesthetic va 1L.- of the property. MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 7 #846 LEEKLEY'S INC 2500 SIXTH AVENUE NORTH #868 LEEKLEY'S INC. 3. This excavation will not impede the natural 2450 SIXTH AVENUE NORTH drainage of the area. #856 EDWARD BECK 1280 NORTH ARM DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 9:25 - 9:29 PM Approval is subject to the following: 1. Apply for a MCWD permit. 2. Construction of a pond must follow guidelines setforth in the recommendations of Hennepin Conservation District as follows: a) 4: 1 slopes at the uppermost portior the pond. b) the bond depth not to exceed c) maximum surface area of the por to exceed 8,000 sf. 3. Approval subject to City Engineer revic.w. 4. Provide City with amended conservation easement over wetlands. Motion, Ayes (4), Nays (1). Kelley voted nay. Edwa. Beck was present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication,. There was no one present from the audience. Assistant Zoning Administrator Gaffron noted that Planning Commission member Rovegno, who could not be present, asked to have the Planning Commission consider a 6 or 12 month reviewal period to control. the temporary use. Edward Beck stated that the temporary use would be for about 4-5 years. Adams stated that the City should never allow this unit to be rented out.. Kelley moved, Adams seconded, tc approve the conditional use permit to allow a temporary guest house use at 1280 North Arm Drive subject to the following: 1. Us#- of guest house apartment be limited to family members only. 2. That this conditional use permit cannot he conveyed to the purchaser of the property. MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 8 l856 EDWARD BECK 3. The second dwelling unit shall never be rented out. 4. Application to be reviewed again in four years. Motion, Ayes (5), Nays (0). #857 JERRY NELSON 2565 DUNWOODY AVENUE VARIANCE PUBLIC HEARING 9:34 - 9:35 PM Jerry Nelson was present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. There was no one present from the audience. Sime moved, Kelley seconded, to recommend approval of Jerry Nelson's variance for construction of a deck at 2565 Dunwoody Avenue based on the following findings: 1. All setbacks are being met. 2. Overall hardcover on the entire property is 8,884 sf where 10,740 sf would be allowed at the maximum development. 3. Similar credit was given in the Pluhm application. Motion, Ayes (5), Nays (0). #858 ROBERT HOWELLS 1448 PARK DRIVE VARIANCE PUBLIC HEARING 9:40 - 9:42 PM Mr. and Mrs. Rcbert Howells were present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. There was no one present from the audience for this application. Assistant Zoning Administrator Gaffron stated that the applicants are requesting to build a new home on the triangular piece of property. Gaffron stated that over the years easements t,ave been taken leaving the property substandard. Robert Howell stated tt-at he would like to keep the existing cabin for storage purposes. Howell stated that there are mature maple trees that they want to save too. MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 9 #858 ROBERT HOWELLS Adams moved, Sime seconded, to recommend approval of the lot area and 25' road setback variance to build a new home on 1448 Park Drive subject to the following: 1. No access off County Road 19. 2. Quit claim deed over travelled roadway and shoulder to be confirmed with City Engineer and Puhlic Works Coordinator. 3. Easements over portions of municipal sewer not in dedicated right-of-way. 4. Payment of $225.00 sewer plant charge. 5. Existing cabin is a non -conforming structure and subject to all pertinent ordinances. 6. Waive ,ark fee in recognition of the land area that was lost dui; to road right-of-way. Motion, Ayes (3 ) , Nays (2 ) . Kelley and Callahan voted nay. Kelley and Callahan felt that the non- conforming cabin should be removed. McDonald noted that the cabin is used for storage and that it is structurally sound. #861 STEVEN PAULY 3980 DAHL ROAD VARIANCE PUBLIC HEARING 9:55 - 9:56 PM Steven Pauly was present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. There was no one present from the audience for this application. McDonald noted the hardship as the steepness of the land. Kelley noted that there is an increase in hardcover. Adams moved, Sime seconded, to recommend approval of the variance to Steven Pauly at 3980 Dahl Road for the construction of decks to the existing house within the 75' setback line of the lakeshore allowing a 3 percent increase in the 0-75' setback zone, finding severe slopes on the land and the original house and foundation are situated within the 0-75' setback zone. Motion, Ayes (4), Nays (1). Kelley voted nay. Kelley felt that t it the 0- 75' setback zone is not a sufficient p. Kelley stated that the hardcover is too high v,i one property already in the 0-75' setback zone. MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 10 #862 WILLIAM BOWMAN 10 WILLOW DRI`aE SOUTH VARIANCE PUBLIC HEARING 10:06 - 10:15 PM 1864 RICHARD KAIL 2915 CASCO POINT ROAD VARIANCE PUBLIC HEARING 10:16 - 10:44 PM William and Anne Bowman were present. Anne McCourt was also present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Assistant Zoning AdministratorGaff ron noted that the applicant requests a variance to build a detached garage. Anne Bowman noted that they want to save the mature trees that are on the property and that the proposed location of the detached garage is the most feasible location. Bowman stated that they would have trouble getting into the garage if it was located anywhere else. Kelley moved, McDonald seconded, to recommend approval of the variance (a variance for construction of detached garage outside of the building envelope -- front line setback) for a detached garage finding that this is a corner lot, the property has mature trees, and the owner would have difficulty getting into garage if garage was located anywhere else. Motion, Ayes (5), Nays (0). Richard and Carol Kail were present. Assistant Zoning Administrator Gaffron noted the certificate of mailinc, and the affidavit of publication. Wayne and Doris Maxwell of 2917 Casco Point Road and J.K. Bowers of 2905 Casco Point Road were present f rom the audience for this application. Richard Kail submitted a sketch showing two possible locations for a detached garage, both of which would require lot line setback variances. Jim Bowers of 2905 Casco Point Road presented a letter noting his objection to the variance. Bowers objected to the variance because the garage would block the sun and would inhibit airflow from his bedroom window. Bowers noted that the nois-- and odors from the garage would be too close to his bedroom windows. Bowers noted that a garage could be built meeting the required setbacks. MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 11 #864 RICHARD KAIL Richard Kai.l stated that if he moves the garage to meet the setbacks it would affect the Maxwells on the other side. Kail stated that he wants to move the garage so he won't have to back out onto Casco Point Road anymore. Kail stated that his daughter was almost hit there by a car because of the traffic pror1_em on Casco Point. Kail stated that he is also concerned with the drainage off this garage and which way it should be directed. Callahan stated that if the garage can be placed on the site without a variance, then the Planning Commission cannot grant a variance because the applicant is able to meet the setbacks. Kelley stated that he would be in favor of the application if the applicant left the garage the same size as the existing garage. Kelley stated that way there would be no increase in hardcover. Assistant Zoning Administrator Gaffron noted that with either plan there would be an increase in hardcover in the 75-250' setback zone, to approximately 26-28 percent. McDonald moved, Kelley seconded, to table the Kail variance application to allow the property owner and staff time look into the drainage, safety factors, and for applicant to meet required setbacks. Motion, Ayes (5), Nays (0). Kelley stated that he could approve the same size as existing garage but in a different location. Sime stated that the size of proposed garage is ok an any increase in hardcover is compensated for the safety factor. Adams stated that the elimination of the safety problem is worth the hardcover tradeoff and proposed garage s ze is ok. Adams stated that he would not be for the side setback variance. #865 DAREL LEIPOLD 678 TONKAWA ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 10:45 - 11:05 PM Darel and LaVerna Leipold were present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Wayne Keller of 680 Tonkawa Road was present for this application. HINUT73S OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 12 i86`, DAREL LEIPOLD Wayne Keller of 680 Tonkawa Road stated that he objects to the keeping of chickens on Leipold's property and reminded the Planning Commission that this is a residential area and not a farm. Keller stated that the chickens are an eyesore and make too much noise and odor. Keller stated that his bedroom is about 100' from the chicken shack. Keller stated that in the winter time the chicken shack is more visable. Keller stated that he is trying to sell his house and that the chickens have become a negative selling factor. Sime stated that when he inspected the site that he could smell no odor or hear any noise from the chickens but since there is a complaint from the neighbor that he wouldn't be able to approve the application. Adams stated that he was in favor of this application until he heard the complaint f rom the neighbor. Adams stated that he didn't notice any smell or noise from the chickens either. Sime moved, Kelley seconded, to recommend denial of the conditional use permit for Leipolds for the keeping of chickens based on the complaint from the neighbor. Motion, Ayes (5), Nays (0). 1867 TRINITY ASSOCIATES 1003 WILDHURST TRAIL SUBDIVISION SKETCH PLAN REVIEW John Regan and Scott Rosenlund represented Trinity Associates. Assistant Zoning Administrator Gaffron stated that the west half of the property is outside the MUSA line. Gaffron noted the problems with changing that MUSA line with the Met Council. Gaffron noted there are wetlands on the property. Kelley stated that there ntay not be nearly as much dry buildable after the wetlands have been subtracted. Kelley stated that the MUSA line would be too hard to try and change. Kelly stated that he doesn't feel that anything can be done about the zoning. Kelley asked if the sewer had the capacity for additional units. Assistant Zoning Administrator Gaffron noted the likelyhood that no more than one or two riparian access lots would be alluwed, and that some upgrading of Wildhurst Trail might be necessary if the proposal was approved. No action was required. APPROVAL. OF MINUTES Sime moved, Kelley seconded, to approve the Planning Commission minutes of August 20, 1984. Motion, Ayes (5), Nays (0). MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 13 REPRESENTATIVE TO ATTEND COUNCIL MEETING Kelley volunteered to attend the Council meeting of October 15, 1984. ADJOURNMENT 11:23 PM Sime moved, McDonald seconded, to adjourn the regular Planning Commission meeting at 11:23 p.m. Motion, Ayes (5), Nays (0). north West --.— hennepin west NERGY LINES COUNCIL MEETING serreneex 19e4 OC f 1 j. I9,`I THE MINNESOTA ENERGY ASSISTANCE PROGRAM (EAP) IS DESIGNED TO ASSIST IOW -INCOME HOUSEHOLDS WITH HOME HEATING ENERGY PAYMENTS REDUCING ENERGY CONSUMPTION AND COSTS. THE PROGRAM: • provides for equitable assistance distribution without eliminating the households' responsibilities for paying their energy bills. It is not the intent of the program to pay the entire annual heating costs of any household. • encourages self-sufficiency through energy conservation, alternative energy projects, education, financial planning assistance, and coordina- tion with other self-sufficiency programs. The 1984-1985 ENERGY ASSISTANCE PROGRAM FOR RURAL AND SUBURBAN HENNEPIN COUNTY will begin OCTOBER 1. The Suburban Human Services Councils will again deliver the ENERGY ASSISTANCE PROGRAM. To help you determine your eligibility for assistance, our trained energy technicians will be available to answer questions and set up app-intments NORTHWEST HENNEPIN HUMAN SOUTH HENNEPIN HUMAN WEST HENNEPIN HUMAN SERVICES COUNCIL SERVICES COUNCIL SERVICES PLANNING BOARD 7323 58th Avenue North 9801 Penn Avenue So 4100 Vernon Avenue So Crystal, MN 55428 Bloomington, MN 55431 St. Louis Park, MN 55416 ENERGY TELEPHONE: 536-9548 ENERGY TELEPHONE: 888-5533 ENERGY TELEPHONE: 929-24"4 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Dayton Golden Valley Hanover Hassan Maple Grove New Hope Osseo Robbinsdale Rogers St. Anthony Bloomington Eden Prairie Edina Richfield Deephaven Excelsior Greenfield Greenwood Hopkins Independence Long Lake Loretto Maple Plain Medicine Lake Medina (Hamel) Minnetonka Minnetonka Beach Minnetrista Mound Orono Plymouth Rockford (Henn. County) St. Bonifacius Shorewood St. Louis Park Spring Park Tonka Bay Wayzata rkxwd 1 a nd COMMUNITY ACTION AGENCY BEING CPMSIDERED BY COUNTY BOARD The Hennepin County Board of .Commissioners has been considering the development of a Community Action Agency (C.A.A.) for rural and suburban Hennepin County. On June 5, 1984, the Hennepin County Board passed a resolution starting a process to create a private, non-profit C.A.A. West Hennepin Human Services Planning Board, South Hennepin Human Services Council and Northwest Hennepin Human Services Council developed a plan for a structure which was presented by County staff at public hearings in Crystal and Hopkins in July. 150 people attended these hearings and were in support of a C.A.A. The Human. Services Councils support the private, non-profit model because it provides the greatest participation of low-income citizens, local officials, and community - based organizations. This has been shown to be the most effective model of providing services and programs and would be able, through the strong community participation, to build on already available services. The proposed Board cf Directors will have 27 members: 1/3 elected officials, 1/3 representatives of the private sector (churches, social service agencies, unions, businesses, etc.), 1/3 elected persons, or representatives of persons, whose incomes are below the poverty guidelines. Persons who qualify according to the quidelines can place their own names on the ballot. Voting would probably take place at Surplus Commodity Distribution sites. The purpose of the C.A:,A. is to help the poor become self-stifficient. Its programs do not duplicate those that already exist in communities, but build on existing services currently being provided. A major activity is community outreach, that is, knowing who the poor are and how to reach them. According to the 1980 census, there are 20,544 residents of rural and suburban Hennepin County who are below the poverty level. C.A.A. resources will be available to help build on current programs such as Emergency Services, and/or start new program such as community gardens, health clinics, senior citizen programs. The Hennepin County Board is scheduled to designate the C.A.A. on AUGUST 28. After the County informs the State of this designation, the Governor must recognize the new C.A.A. within 30 days. After the State approval, the Human Services Councils and the Hennepin County Office of Planning and Development will organize the C.A.A. Board and apply for the funds. The three Human Services Councils are interested in involving as many low-income residents as possible in the planning process. IF YOU ARE INTERESTED IN BECOMING A BOARD MEMBER OF THE COMMUNITY ACTION AGENCY, PLEASE CONTACT THE HUMAN SERVICES COUNCIL IN YOUR AREA: SOUTH HENNEPIN HUMAN SERVICES COUNCIL 888-5530 NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL 536-0327 WEST HENNEPIN HUMAN SERVICES PLANNING BOARD 920-5533 THE MOST IMPORTANT QUALIFICATIONS ARE YOUR INTEREST IN THE PROBLEMS OF THE LOW-INCOME PEOPLE IN RURAL AND SUBURBAN HENNEPIN COUNTY AND A WILLINGNESS TO WORK HARD TD BUILD A.'3 CortMUNTTY ACTION AGENCY. I FREES NO COST OR OBI IGATION WEATHERIZATION PRJGRAM Call 377-6502 Fixed or low income househol-is living in suburban Hennepin County. VENT/ATTIC INSULATE ATTIC -_ $ HEAT LOSS CAULK / WINDOWS ff-W � INSULATE - BASEMENT EXTERIOR - WEATHER STRIP DOORS Call 377-6502 for FREE inspection and home energy conservation improvements. Less heat escaping means less fuel needed. Natural Resources Corporation, Weatherization for Suburban Hennepin County 245 Aldrich Avenue North Minneapolis, Minnesota 55405 377-6502 FACTS Natural Resources Corporation is a private, nonprofit corporation contracted by Hennepin County for a weatherization pr.)gram for suburban Hennepin County. Federal funds, your tax dollar working for you, are used for the sole purpose of making your home efficient to prevent heat loss. The exact work to be done is determined by state certified energy auditors according to Department of Energy guidelines. Quality of work and materials is monitored by state and federal auditors. References upon request or cail Hennepin County — 348-7432. FACTS You may be eligible to get your home weatherized at no cost or obligation. Call Natural Resources Corporation to find out. Persons living on social security, fixed income or low income, are especially encouraged to apply. Renters and mobile home residents are eligible if incomes qualify. FACTS We offer a FREE inspection and installation of the following: • 12" of insulation in attic • Attic has plenty of ventilation • Walls are properly insulated • Doors and windows are tight • Foundation is insulated • Water heater has been insulated • All windows have storms Call 377-6502 FACTS This program is FREE. We discuss all work to be done before we begin, and you approve all work before we begin. All work is performed in a skilled manner by trained technicians. Natural Resources Corporation has weatherized over 4,000 homes in Hennepin County since 1979. Almost every existing home needs some -:: 'her weatherizing. 377-6502 KEEP ME FOR REFERENCE KEEP ME KEEP ME FOR REFERENCE NORTHWEST AREA I I SOUTH AREA I Energy Assistance: 536-9948 I i Energy Assistance: 888-5533 HeatShare: 721-1668 I 1 HeatShare: 721-1668 f a • • • I I SURPLUS FOOD DISTRIBUTION 1 1 SURPLUS FOOD DISTRIBUTION Third Saturday Each Month Third Tuesday Each Month 9:00 a.m. to 12:00 p.m. i 12:00 p.m. to 4:00 p.m. 536-0327 1 888-5530 1 --SITES-- 1 --SITES-- THORSON CENTER j CREEKSIDE COMMUNITY CENTER 7323 58th Ave No CRYSTAL 9801 Penn Ave So BLOOMINGTON CROSS I FRED BABCOCK VFW POST 5555 10455 93rd Ave No OSSEO i 710 Lakeshore Dr RICHFIELD I I EDINA COMMUNITY CENTER 5701 Normandale Rd EDINA I EDEN PRAIRIE AMER. LEGION HALL 18123 Eden Prairie Rd EDEN PRAIRIE f • • ♦ • 9:00 a.m. to 12:01 p.m. 1 f f • ♦ • EMERGENCY RESOURCES I j EMERGENCY RESOURCES I .. AP . ...............566-9600 I I VEAP................ 861-7478 I ')SS................425-1050 PROP ................ 937-9120 'SM................544-7522 I 1 COLONIAL CHURCH 1 OF EDINA............925-2770 .R................. 533-28�6 1 HENNEPIN COUNTY INFORMATION 1 6 REFERRAL....881-5811 X 338 therization NRC... 377-6502 I 1 Weatherization NRC..377-6502 1 - Credit..... ...330-5540 i NSP - Credit ........ 330-5540 - Conservation ... 330-6000 NSP - Conservation..33r•6000 IEGASCO - Credit..' --4680 i MINNEGASCO - Credit.372-4680 EGASCO - Conservation MINNEGASCO nservation....... 372-4670 1 Conservation ...... 372-4670 1 IINNESOTA STATE ZNERGY I MIN14ESOTA STATE ENERGY 297-3403 1 297-3403 I 1E PRESERVATION HOTLINE i HOME PRESERVATION HOTLINE 297-4111 I 297--4111 I )SING RESOURCE PT.OGRPM I HOUSING RESOURCE PRCX;RAM 870-0810 ! 870-0810 FOR REFERENCE WEST OFFICE I I I Energy Assistance: 929-2474 I HeatShare: 721-1668 I I I SURPLUS FOOD DISTRIBUTION Third Thursday Each Month 3:00 p.m. to 6:00 r ..n. 925-4899 I 1 1 --SITES-- 1 j BROOKSIDE COMMUNITY CENTER 4100 Brookside ST. LOUIS PARK I AMERICAN LEGION POST 320 j 10 - 12th Ave So HOP�cINg 938-0729 ' EXCELSIOR CONGREGATIONAL 471 - 3rd St. EXCELSIOR 938-0729 OUR LADY Of' LAKE CHURCH 1 2411 Commerce Blvd. MOUND ! 472-5684 EMERGENCY RESOURCES STEP...............925-4899 ICA................938-0729 INTERFAITH OUTREACH ........... 473-7010 WESTONKA CHRISTIAN SERVICE ............ 472-5684 Weatherization NRC.377-6502 NSP - Credit ....... 330-5540 NSP - Conservation.330-6000 MINNEGASCO - Credit.372-4680 M I NNEG.tSCO Conservation ...... 372-4670 MINNESOTA STATE ENERGY 297-3403 HOME. PRESERVATION HOTLINE 297-4111 HOUSING RESOURCE PROGRAM 870-0810 HOW TO SPEED UP ENERGY ASSISTANCE What Happens When I Apply for Financial Help With Energy Bills? The following is a brief summary of the process involved when applying for assistance through the ENERGY ASSISTANCE PROGRAM. STEP 1 - A household MUST make an appointment STEP 2 - Once the appointment is made a confirmation letter verifying appointment date, time and place and a copy of the applicants' Rights and Responsibilities is mailed to the household. THE CONFIRMATION LETTER AND THE RIGHTS AND , RESPONSIBILITIES LISTS THE REQUIRED DOCUMENTS , THE APPLICANT ® BRING TO THE SCHEDULED , APPOINTMENT. FAILURE TO BRING VERIFICATION , DELAYS THE PROCESS AND COULD POSSIBLY RESULT , IN DENIAL OF ASSISTANCE: FOR THE HOUSEHOLD. , STEP 3 - The actual applies. -i form is completed with the information provided and all verif. is are attached. STEP 4 - The application forms are verified by the ar.:a office Administrative Office. and turwarded to the STEP 5 - The Administrative Office -hecks the . •plication again for accuracy and completeness and determines the grant amount- it is here t o communication begins with the utilities. STEP 6 - An invoice for payment is i-,suer :he utility company receives the invoice and checks it for accuracy of account numb*L, name ..nd address - if all information is correct, they accept payment f�om the Energy Assistancc Program. STEP 7 - Checks to the utility companies are prepared and mailed. STEP 8 - A letter of notification of payment is sent to the household. WEST HENNEPIN HUMAN SERVICES PLANNING BOARD 4100 Vernon Avenue South St. Louis Park, MN 55416 J ' oc� 5 � �I "Olt BULK RATE U.S. POSTAGE P.A.I.D. PERMIT NO. 1.387 MPLS., MN o Z INDEPENDENT SCIIUItt DISfRICT 0277 Educational Grants Committee report by Gobllrsch WEGIOW.A PUBLIC SC1KXKS LLJ _ Q reported that Pel 1ptt was asked, by the board, to 5600 Lynwoud Boulevard W i J� servo on this committee. Stevenson is working on g Mound, Minnesota 55364 the AlternatiYe Schooling Program and Pellett way C REOULAN SC11l1U1 BOARD htEE1iN0 C tf� O wins to work In this area also. The CUE Grant September 10, 1904 J LL applications need to be filled out soon. (Minutes to be approved October 9, 1904) U O Superintendennt Amp ort by Stevenson noted the ATtENDANCE/ the regular westing of the School Board was enrollment counts for Grandview as 650 students, LTTCAt[ON relied to order at 8:O3 p.m. In the Lecture Ile I C- >- hkxu+d Wastor+ka I►igh School total is 986. the Westotnka Community Canter by William Goal I n, Stevenson announced that the video on the Cha►rman. In attandanca were: Ritchie , Tu , Ombudsman Program wi:l be presented at the high Pitsch, Gobllrsch, Chalberg, Hallowell and 11." w U school on September loth. from the Board an wall as Superintendent Stevenson, principal%, director Litman, teacher representative Ilaefele said no on• ever asks parents why they Eider former board member Pe:lett, school social take hair kids out of our schools to attend worl,er liolste, support staff, the press and parernts private schools. tfa asked for name% of all of the coamuni'y, parent% who are residents of our district that are not attending our schools. Ife will put together a OPEN DISCUSSION Gob llrsch congratulated all involved on the questionnaire and poll thws%v people. Gobllrsch successful opening of school. lie also welcomed said that the board must approve this and it the new Community Services Chair, Mr%. Sue should be an agenda item. Hawfele responded thet Schmidt, whu took led Koenecke's place. Gobllrsch at+y board memher may solicit iniurmatlon from the welcomed Pellett back from fits European trip, public and board approval is not needed. Stwvensoi+ said Its will get Liver* uam.rw frum the TREASURER'S 0AT11 Goblirsch announced that due to Pitsch's absence schools. Thostwnso►n asked Haefsle ii these people at one board meeting and overlooking this at our called the office to notify us-? Haefwle said Its last meeting, Pitsctn watild take i+is Oath of Office asked these people this question slid they said at this meeting. Pitsch took hi% oath and they told the school. it was decided that this Gobllrsch thanked him for accepting this position would be a Study Session agenda item. for another year. Stevenson said fie will discuss the HSBA Program MIta11ES APPROVED Clio lberq moved and Haefelw seconded the motion to then. approve the minutes of tine August 13 regular board meeting and the closed aweting o/ August 27. Gobllrsch said the deadlines for the AMSD Ritchis duly noted that he came late to the Orientation registration is Sept. 14th. August 27 closed meeting. Pitsch also noted that he came late to this same meeting. The minutes Diane Arneson, district reporter, annnuncwd the shox+id nntw this addition. O, ro11 call vote, all official opening of the current art exhibit by the members of the board voted In favor of approving students on Sept. Toth. The students will be said minutes. here. Watch for more Information regarding time. COMMITTEE nEPURTS The Policy Committee repot by Gublirsch noted 1nEASUREn'9 Chelberg mo.sd a.:d Tuttle seconded the motiorn that the Policy Manual would be a wain topic at REPORT to approve the current financial documwints and the naxt Study Session. Trwssurar's Reports as noted In agenda item 43. Tuttle auk" what the large llerunepin lath bill was ihw Persa+nel L'oitnmittee reptnt by Chwlbwrg noted for? Pitch said this was for tuition costs for that the coxsmittee has reached a twntative January through June B. Litman noted that most of agreement with the EOE sectwtarial uniort. The It wan for Special Education. Tuttle questioned Custodian Cnntrart is being prwsanted ton►ght ftx Owens Service bill. Pitsch said this was for board approval. I►ie bus dr Ivers are meeting at opt tiara IcAI wtitiIpment malntenancw for one year. the %saw time as the board meeting now. Chelbwrg Gublirsch said to ask Sort (.arson how we agree an announced that she is removing Mary Iturley's the aavueOn r-t, tc. roll roll vote, all members contract from the Personnel Transactions, item 05. voted 'Ave'. Curriculum Committee report by liaefwle nutwd that PERSOiNNEL Itt-letw item 43, 11—y Hurley corrtrwct from agenda he and Hallo -all met to form objectives slid they Ift(V46ACTION: per Che:ityrg. Cltelberg moved and Pitsch swcownded will discuss wilh Sept. Stavensoi+ items from the trip motion to approve the Personnel Transactions• PER flrrynort. as jtwd In agends item 64. Gobllrsch coaawr+ted on the /0900 for a Special Pd. teacher for two kids. We are responsible for 407. of this cost and the state pays 607.. They speak no English. Haefele asked about cooperative education for CUSTODIAL these Pods with other districts? Litman said we CONTRACT FM spoke to other districts too late for this year 19f14-87 but it is a possibility for next year. Toils problem is shared by all school a. Tuttle suggested that we talk to 11207. On roll call vote all members voted in favor of toils motion. MIDDi.E SCI10ClL Lhelbarg moved and Pitsch seconded the motion BPEECII, GRADE to approve the course change in the Grandview 6 L 7 program which will permit the offering of nine OrFN DISCUSSIOU weeks of Rpeeclt• for sixth and noventh grade students. On roll call vote, all members voted in favor of this motion. Chelberg commented that tier &tit grade daughter is really enjoying this course offering and learning what Speech is about. CnIITOt1E Goblirsch said this is an informational item CURRICULUM which is in response to tine prior request from Haofele to get a list of outside organizations or groups who could critique our curriculum and oporatton%. lhaefele waked the super Intpndent if these people specialized in school curriculum. Stevenson said they did. P F n nEPORT Diane Arneson, district news reporter, utbmltted a complete report to the board oo the new PER laws. Goblirsch said we have to address the chant-s that have to he made. Diane said tit* board must docile how important It is to comply tilts year. She said a committee must be formed of community, staff, and administration, that would form the PER instructional goals for the current year. Ritchie asked about the aid we would receive for this. About 11.00 per ADM, which is roughly 17000. Ihw basic responsibility will be shifted to the Board. We should he planning for the 1905-86 school year. Goblirsch said we need administrative and teacher input. Ritchie asked that target dates be established for this project su we stay on tasP. The Curriculum Committee should also be involved. Goblirsch noted. We must be careful not to choov hand picked community people with certain biases. Diane noted that we should pick one subject area for the report, then the whole repoct would focus Un tills subject aroma. Note instructional goals, how wall did we met them, etc. Goblirsch asked t4aefele to meet with administration to disect these %uh jecta and br trig them to the September Study Session. A M 9 B Gob l l r sch asked if ariyorie had any suygw . t i ins IEGISLAiIVF for legislative proposals. Tuttle moved atd 1'Rf1ftOSA1 S Chet her y seconded the mot 1 ort to suuml t the Superintetident tenure Law issue. This Issue was submitted to MSBA last year. Ritchie asked for copies tit previous co►respondeaice. On roll call vote, all members voted "Aye". Chelberg moved and Tuttle seconded the motion to approve the 1984-07 Custodian Contract"as preswnted by the School Board Negotiations Committee. Chelberg rommented that the committee worked within the guldelinws net by the Guard. The Worker's Compensation clause was Inserted an requested by the Puar d. fkt roll call vote, flaefelw voted "No", wltlt all other members voting in favor of this motion. Dr. Smith noted that Illlltop had the television special can education taped that was on last week. Education, dropping enrollment in public education are seroouti issues. Ile said In a few years he won't be able to find a teacher out there. He doesn't hear the Board discussing these issues. Pitsch asked about the School Calendar and read a letter from a parent asking why we start .chool so early? Stevenson said there are as many other people who call when the calendar Is puthod later for the last day of school. We cannot pease everyone, Stevenson noted. Gubllrsch noted that on October 10, the Levy approval is due. He suggested meeting on Oct. 10 at 7:00pa for a Public Hearing. Ritclilo said chat we should meet sooner to review this, rather titan ti-e day thvt It Is due. Goblirsch rioted that the Accounting Department is where all the Information comes from and there isn't much that can be chariyed, It is compiling the figures. After discussion, it was decided that a Public Hearing would tape place on October 2 iTues.1 at 7:00pm. on thin topic. The September 74th Study Session would start at 7:00 p.m. Some of the topics will be tote PER law and Curriculum Review, The Policy Manual and districtMlde enrollment and staffing. GohIIr-nclt said we should have art Administration/Board Mpetirig regarding staffing, en►ullarrntn, etc. Chelbar g said we need a pr oyr vs% r rpor t on the st at us of requests tit* Board made last year on specific items. 14allowe11 asked about the Meet L Confer session for the fall. ilia teacher's union Is to Initiate title mooting If they need to discuss something. Also, a Study Bess Ioil itea that needs to be covered la the procedure for funding events such art the "Ynrlie America" and "lip With Ponple" Fir esontatlons. Thom nctuber Study Session can talk about staffing and the staff can he present. Itap frie asked about the SuppOrtntoodent's finals. Ritchie said theses were submitted last May and that they should be reviewed by the Berard. Ilolste noted that some of the Hoard members are very hard to hear frrjm the audience such as 5tavenson and Ritchie. ADJOURNMENT Tlra meeting was adjourned at 9:24 p.m. William Oobllrach Chairman Nitrlcialberg Clark/Vice Chair *complete documentation cen be found in the official minute book. 0 COUNCIL MEETING R E G I O N A L T R A N S I T B 0 A R D ;�rr Suite 402 Metro Square Building, St. Paul, Minnesota 551WT 15 1984 291-6640 CITY OF ORONO MEMORANDUM TO: Metropolitan Communities and Other Parties Affected by the Regional Transit Board-s 1984/85 Property Tax Levy FROM: Elliott Perovich, Chairman DATE: September 27, 1984 A special meeting of the Regional Transit Board will be held on October 8, 1984, to take final action on the 1984/85 transit property tax levy. Enclosed for your information are two Regional Transit Board Resolutions along with certain background data on the tax levy. Resolution 84-6 was passed by the Board on September 24, 1984, and announces the Board-s intent to certify the 1984/85 tax levy according to the terms of proposed Resolution 84-7. Resolution 84-7 adopts, one year earlier than required, the full tax relief established by the 1984 tax feathering legislation. Each commmunity-s mill rate is established by the frequency of service provided to the community. These mill rates will be reevaluated next year after the Board has adopted an interim implementation plan, financial plan, and budget. As you are all aware, the Regional Transit Board is a new agency working hard to meet a very ambitious schedule. Our goal is nothing less than developing the nations finest transit system. We can do this without the involvement and cooperation of local units of government. We invite your comments on the transit tax levy and hope you will work with us in developing a cost effective, efficient transit system. CZ0283 REGIONAL TRANSIT BOARD '- Suite 402 Metro Square Building, St. Paul, Minnesota 55101 (612) 291-6640 RESOLUTION NO. 84-6 RESOLUTION ANNOUNCING INTFNT TO LEVY AD VALOREM PROPERTY TAX WHEREAS, the Regional Transit Board is authorized by 1984 Minn. laws Chapter 654, Article 3, Section 136, to levy certain property taxes in the metropolitan area on or before October 10, 1984; and WHEREAS, the Regional Transit Board desires to provide notice of the proposed tax levy and an opportunity for comment to affected communities, county auditors, the State Board of Equalization, and other affected parties; NOW, THEREFORE BE IT RESOLVED: 1. THAT the Regional Transit Board hereby announces its intent to a:fopt proposed Resolution No. 84-7, attached hereto as Exhibit A, at a special ,meeting of the Board on October 8, 1984, at 3:00 p.m. 2. THAT the Secretary of the Board is instructed to mail a copy of this Resolution, including Exhibit A, to each community in the metropolitan area subject to the tax levy, to the county auditor of each of the -even counties, and to the State Board of Equalization. 3. THAT comments from affected communities, county auditors, the State Board of Equalization, and other affected parties on the proposed tax levy are hereby invited. 4. THAT failure to send or receive the notice specified in this Resolution shall in no way affect the validity of the planned tax levy. 5. THAT the Regional Transit Board reserves its right to modify or amend proposed Resolution No. 84-7. Adopted th i s ,aytl, day of 1984. 'I 1�Let - �o erovi a1man Acting Secretary CZ0272 REGIONAL TRANSIT BOARD Suite 402 Metro Square Building, St. Paul, Minn. 55101 RESOLUTION NO. 84-7 RESOLUTION LEVYING AD VALOREM PROPERTY TAXES WHEREAS, the Regional Transit Board is authorized by 1984 Minn. Laws Chapter 654, Article 3, Section 136, and Minn. Stat. 5473.446, as amended, to levy certain property taxes in the metropolitan area on or before October 10, 1984; and WHEREAS, the Metropolitan Transit Commission fund balance in 1985 is estimated to be sufficient to cover property tax revenue losses caused by voluntarily feathering property taxes in accordance with the provisions of 1984 Minn. Laws Chapter 502, Article 3, Section 25, for the 1984 property tax levy; WHEREAS, the Regional Transit Board has defined the level of service provided to communities as the frequency of service received from the Metropolitan Transit Commission and private providers, excluding paratransit services, as specified in the service plans in effect on September 1, 1984. NOW, THEREFORE, BE IT RESOLVED THAT the Regional Transit Board hereby levies upon all taxable property within the Metropolitan Transit Taxing District, as defined in Minn. Stat. 5473.446, subd. 2(1982) the following amounts: 1. $47,402,042 for use by the Regional Transit Board for payment of the expenses of operating transit and paratransit services. This amount represents a two(2) mill levy on all taxable property within the Metropolitan Transit Taxing District, except that the levy on taxable property located in the following communities is reduced by the following dollar amounts: County Community Levy Reduction Anoka Centerville $ 5,325 Carver Chanhassen (part) 43,847 Chaska 61,684 Dakota Apple Valley 160,671 Burnsville 370,168 Eagan 257,963 Rosemount 48,105 Lilydale 8,418 Mendota 1,443 Hennepin Chanhassen (part) 700 Deephaven 33,664 Excelsior 17,485 Eden Prairie 297,134 Greenwood 6,698 Woodland 12,767 Tonka Bay 20,922 Shorewood 38,778 -2- Count Community Levy Reduction Long Lake 10,606 Medicine Lake 5,227 Maple Grove 202,781 Osseo 19,825 Champlin 39,393 Ramsey Arden Hills 69,272 Gem Lake 6,535 North Oaks 57,600 Vadnais Heights 37,491 White Bear Township 51,057 Mounds View 50,029 Scott Prior Lake 63,222 Savage 39,126 Shakopee 100,202. Washington Baytown 4,621 Birchwood 9,160 Cottage Grove 86,239 Dellwood 9,903 Lake Elmo 28,141 Mahtomedi 19,641 Newport 18,073 Pine Springs 3,714 St. Paul Park 17,990 Willernie 2,146 Woodbury 77,739 2. S457,8CO for principal and interest payments on general obligation certificates of indebtedness of 1976, including allowance for uncollectible taxes; and $974,040 for principal and interest payments on general obligation certificates of indeotedness of 1979, including allowance for uncollectible taxes; and 4. $1,281,000 for principal and interest payments on general obligation certificates of indebtedness of 1982, including °llowance for uncollectible taxes; and 5. $1,926,750 for principal and interest payments on general obligation certificates of indebtedness to be issued by the Metropolitan Transit Commission in 1984, including allowance for ur,collectable taxes. BE IT FURTHER RESOLVED that the Regional Transit Board hereby levies upon all taxable property within the Metropolitan Transit Area but outside the Metropolitan Transit Taxing District an amount payable in 1985 of , estimated to represent ten (10) percent of the rate for the levies in trough 5 above, pursuant to Minn. Stat. S473.446, subd. la (1982). -3- BE IT FURTHER RESOLVED that the Treasurer of the Regional Transit Board, on behalf of the Board, shall certify these levies to the respective county auditors of the counties in which the taxable praperty is located on or before October 10, 1984. Adopted this day of 1984. i iota Perovicn, ChairmanSecretary RTBP82 CXLGLI -2- - Is the tax equitable? Have the concerns of potential opt -out communities been adequately addressed? A brief review of the law helps to put these issues in context. STATUTORY HISTORY AND AUTHORITY Prior to 1983, the MTC was required by law to levy a fixed mill rate (2 mills) on all property within the transit taxing district regardless of the level of service provided to each community. In 1983, the legislature authorized the MSC to establish a tiered or "feathered" property tax system by tying a community's transit tax levy to the level of transit service received. The MTC interpreted this legislation in such a way_that tax relief was provided only to commmunities eligible for the "opt -out" program. Some of t-ose communities had their mill levy rate reduced from 2 mills to 1.75 mills; others had their mill levy rate reduced to 1.65 mills. Several communities, however, were not satisfied with the MTC tax relief program. In response t) this, the legislature acted in 1984 to mandate further transit property tax relief according to the following formula: Level of Service Statutory Mill Rate full, all -day service 2 mills full peak and limited off-peak service 1.5 mills limited peak service 1.25 mills This formula incorporates what is referred to in this memo-ardum as "full feathering." The statutory formula is not, however, effective until the 1985 tax levy for taxes payable in 1986. The 1984 legislation also requires the Corr..iissioner of Revenue, beginning in fiscal year 1987 and thereafter, to reimburse the Board frxn the state s general fund for the amount of transit tax proceeds lost teca•ise of statutorily mandated tax feathering. There is no state reimbursement for tax relief the Board provides in the 1984 levy for taxes payable in 1985. Because the 1984 legislation is not yet effective, the 19A4 tax levy is primarily controlled by Minn. Stat. `i473.446, subd. 1 (:upp. 1983), which provides: Subdivision 1. Taxation within transit taxing district. For the purposes of sections 473.401 to 473.451 and the m°tropolitan transit system, except as otherwise provided in this subdivision the metropolitan transit commission shall levy each year upon all taxable property within the metropolitan transit taxing district, definel in subdivision ?, a transit tax consisting of: (a) An amount up to two mills times the ass ssed value of all such property, based upon the level of transit se —ice provided for the property, the proceeds of which shad be used for payment of the expenses of operating transit and paratransit service, METROPOLITAN COUNCIL Suite 300 Metro Square Building, Saint Paul, Minnesota 55101 DATE: September 24, 1984 TO: Members of the Fegional Transit o FROM: Members of the :oint Committee SUBJECT: Transit Tax Levy BACKGROUND On September 19 and again on September 21, 1984, staff members from the Metropolitan Council (MC), the Metropolitan Transit Commission (MTC), and the Minnesota Department of Transportation (Mn/DOT) (hereinafter "Joint Committee`) met at the request of Chairman Perovich to discuss the 1984 metropolitan transit tax levy. The purpose of the meetings was to identify the options the Board has in certifying the tax levy and to identify issues the Board should be aware of in choosing between the various options. The Joint Committee adopted a proposed timetable, attached hereto, to accomplish certification of the tax levy on or before October 10, 1984. The timetable proposes that the Board pass a resolution at its meeting on September 24 announcing its intent to certify the tax levy at a special meeting to be called r , October 8, 1984. This will allow affected communities the opportunity to submit comments to the Board on the proposed tax levy before the Board takes final action on October 8. Based primarily on financial information supplied by MTC staff, the Joint Committee recommends that the Board incorporate "full feathering" (explained below) in its 1984 tax levy. Full feathering results in a loss of approximately $1,638,000 in property tar revenue when compared to the limited feathering done by the MTC in 1983. The Director of Finance of the MTC informed the Joint Committee that the surplus fund balance of the MTC could cover such a revenue loss for one year. This memorandum reviews several key provisions of the law pertaining to the 1984 tax levy and summarizes several issues and options identified by the Joint Committee. POLICY ISSUES - What is the ability of the MTC (or RTB) to absorb revenue reductions caused by tax feathering? - How shou'd the phrase "level of service" be defined? On a "cost of service provided'' oasis? On a `'frequency of service provided" basis' 2. Full Feathering Certify taxes to provide the full legislation, i.e., 2.0 mills, 1.50 certain defined levels of service. Total estimated tax levy reduction 3. Modified Featheri -4 - U x relief specified in the 1984 mills, .nd 1.25 mills depending on - $2,415,000. See Exhibit A. Certify taxes to provide more ';ax relief than achieved by the MTC 1983 feathering plan but less than that achieved by full feathering. The Joint Committee considered each of these options in detail. Financial data supplied by the MTC indicates that the MTC can fund any revenue losses caused by full -feathering out of its surplus fund balances in calendar year 1985. The full -feathering option has the advantage of providing maximum tax relief to affected communities while still being afforeable due to existing fund reserves. In the absence of an existing budget for the RTB showing a need fcr additional transit funds, the Joint Committee recommends mat the 1984 tax levy incorporate the full -feathering option. Referring back to the policy issues mentioned previously, the adoption of full -feathering option effectively answers these issues. The MTC can .b for one year the revenue reductions caused by full feathering. If tho, fu „ - feathering option is chosen, the phrase "level of service"' must be defined in a "frequency of service provided" basis because that is the way it is defined in the 1984 legislation governing full -feathering. If any other option were chosen, the issue would be open. The Board should note in its resolution certifying the tax lev) that the `requency of service provided to each community is measured according to the level of service provided to the community as specified in the MTC service plan effective on a particular date. Service provided includes service by private providers. The Joint Committee recommends that the service plan in effect on September 1. 1984, be used as rh,e benchmark for measuring level of service provided to each community. Finally, addressing the last policy issue raised, the Joint Committee believes that a tax levy incorporating full -feathering is equitable and aaequately balances the financial needs of the Board with the concerns of the affected communities, particularly potential opt -gut communities. The fairness of plan is demonstrated by the fact that its supporting rationale is established by statute RECOMMENDATION It is the recommendation of the Joint Committee that the Regional Transit Board adopt the attached R:solution No. 84-6. RT3P81 CNLGLI NO (b) An additional amount, if any, as the commission determines to 5e necessary to provide for the full and tiroely payment of its certificates of indebtedness and other obligations outstanding on July 1, 1977, to which property taxes under this section have been pledged; and (c) An additional amount necessary to provide full and timely payment of certificates of indebtedness, bon ., or other obligations issued or to be issued pursuant to section 473.436 for purposes of acquisition and betterment of property and other imprc,vements of a capital nature and to which the commission has specifically pledged tav levies under this clause. In addition, Subdivision la of Minn. Stat. '„473.446 (1982) requires that an additional levy he made in the e-urban area (the area inside the metropolitan transit area but outside the metropolitan transit taxing district) in the amount of 10 percent of the sum of the lev'-zs made under the statute quuttd above. The proceeds of this tax can be used only for paratransit or ridesharing programs in the exurba►; area. Summarizing the law, the Board-s property ax levy will consist of three components: 1. The general property tar levy (based upon the leve' of service provided, not to exceed 7 mills); 2. MTC debt service levy; and 3. The exurban levy. The amount of the MTC deft service levy is set by the MTC (RTB enabling legislation, ;137) and the amount of the exurban levy is set by statute at 10 percent of the sum of the general levy and debt servico levies. The Board has discretion only in establishing the amount of the genera' property tax levy. DISCUSSION OF OPTIONS AND 1SSOES The Board has essentially three options in certifying the transit tax levy: M.TC i983 Feathering plan Certify taxes the same as last year, i.e., pro. ii►nited tax relief to communities exigible for "opt -out`' by reducing 'heir levy to 1.75 or 1.65 mills, based upon the .evel of transit service provided to those communities. Total tax levy -eduction - $777,000. See Exhibit A. REGIONAL TRANSIT BOARD SCIWIDULE OF PROPERTY TAX BELIEF SEPTEMBEF ?4 , 1984 1983/84 TAX HE!..IEF PLAN c.+t�• -/CITY 2.0 Iml LLS 1.75 HILLS 1.65 MILIS� Cer...rville 14,20U 11,715 Carver C:,anh..ssen (part) 175,139 153,465 Chaska :..►rota Apple =1ley 428,455 353,475 Bur!i.. . 987,115 80,726 Ea'-, , 607,902 567,519 Ru ;at ie3,280 105,831 L, Me 1,848 3,175 11erre :n C1 - . ,_ 1,8 Ueetrt:� . 1;xcrla:.n: E.L." ? -a=, -,e 792, 653,695 Creep . Wood to .,1 24.044 28,086 Tonka bay ' 41 46,028 Shurewcod Long Lake Medicine Lake i 11,500 Maple U'ruve ;Nu,748 446,117 t1113eo 52,866 43,614 chsmp:., Rav s`y Arden Hills Gem La- e North •ks 153,600 126.720 Vadnai:, ''- ghts White bear Township 136., .325 M+>r;nds View EXHIBIT A 1984/85 PROPOSED TAX RELIEF PLAN ADDITIONAL. TAX RELIEF PROPOSED 2.0 MILLS 1.50 MILLS 1.25 MILLS 14,200 8,875 2,840 175,389 131,542 21,923 164,489 102,805 61,684 428,455 267,784 85,691 987-115 616,947 246,779 1 687,902 429,939 137,580 128,280 80,175 25,656 22,449 14,031 8,418 3,848 2,405 770 1,868 1,168 467 134,654 100,990 33,664 69,93R 52,453 17,485 792,158 491-,e24 158,411 26,792 2.?,L'""4 6,698 111 044 21,277 6,809 34.869 11,159 155,02 116,334 38,778 12,422 31,816 10,606 13,93, 8,712 ?,788 540,74F, 337,967 10b.150 52,866 33,0111 10,573 157,571 _18,178 39,393 -77,o88 207,816 69,272 1.1,426 10,891 6,525 153,600 96,000 30,720 149,965 112,474 37,491 136,152 85,0�;-, 27,230 200,110 150,087 50,029 1983/84 TAX 1984/85 PMPOSED ADDITIONAL RELIEF PLAN 1.75 MILLS 1.65 MILLS TAX RELIEFMAN TAX RELIEF PROPOSED 2.0 MILLS OILLS 1.25 MILLS (.XKWY/CITY 2.0 MIL.t.S Scott Prior L.a+ce W 139,089 168,593 105,371 33,718 Savage 104 86,078 104,337 65,211 20,867 Shakopee 267. 220,443 267,204 167,002 53,441 Wa3hinston Baytown 18,486 13,865 Birchwood 24,427 .,374 24,427 15,267 6,621 107 6.239 Cottage Grove 344,955 258,716 86.239 Dellwood 39,612 29,709 9,903 Lake Elmo 112,564 84,423 28,141 Mahtomedi 78,564 58,923 19,641 Newport 72,292 54,21, 18,073 Pine Springs 9,903 8,170 9,903 6,189 1,981 St. Paul ,"ark 71,962 53,972 17,990 Millernie 8,583 6,437 2,146 kin• - bury --_ 310,954 233,215 _77,739 �. 4,781,019 1,040,200 2,963.580 7,257,013 1,835.263 3.006,245 1,638,266 1,040,200 ----1 1,835,263 -----j I 2,963,580 ----------------- 3.006,245 -----------------J ''77,239 2.415,505 1,638,266 GLA/RCB/vkw 0 tit ETROPOLI TAN T R A N S I T C O M M I S S I O N 560.6th Avenue North, Minneapolis. Minnesota 55411-/398 612/349•7400 September 28, 1984 MEMORANDUM TO: Regional Transit Board FROM: Metropolitan Transit Commission SUBJECT: Property Tay Relief By Community The RTB is considering property tax relief for communities within the transit taxing 4--strict based on the level of transit provided to the community. The criteria u_ed in determining the property tax levy was established in recent legislation and is as follows: I. Full peak and off-peak service (2.0 mills) II. Full peak service and limited off-peak service (1.50 mills) - Limited off-peak service is defined as weekday mid -day service with a service frequency (headway) of more tha.. 60 minutes on the route with the greatest frequency. III. Limited peak service (1.25 mills) - Limited peak is defined as peak service only. A community is considered to receive service if one or more bus routes penetrate the municipality's boundary or one or more bus routes serve a street or highway that defines the boundary of a municipality, if a portion of the municipality's population resides near that street. You have asked for an inventory of transit services provided to the communi- ties within the transit taxing district and based on aforei,ntioned criteria, a determination of property ta-r levy by community. Attached as Exhibit 01 is that listing. In the preparation of this list, we included service provided by the Metropolitan Transit Commission, Medicine Lake Lines, North Suburban Lines and Valley Transit on September 1, 19F,4. JJC:jao Enc. EXHIBIT 41 SERVICE LEVELS IN COWRIN.ITIES WITHIN TIWISIT TAXING DISTRICT FREQUENCY GOVERNI\G COUNTY/CITY PEAK OFF-PEAK ROUTE MILL RATE ANOKA Anoka 5-10 min. 60 min MTC 27 2.0 Blaine 10-20 min. 60 min. MTC 24 2.0 Centerville 1 trip -0- NSL 1.25 Circle Pines 30 min. 60 min. NSL 2.0 Columbia Heights 5 min. 12 min. MTC 10 2.0 Coon Rapids 5-10 min. 60 min. MTC 27 2.0 Fridley 10-15 sin. 60 min. MTC 10 2.0 Hilltop 5 min. 24-30 min. MTC 10 2.0 Lexington 30 min. 60 min. NSL 2.0 Lino Lakes 30 min. 60 min. NSL 2.0 Spring Lake Park 10-20 min. 40-60 min. MTC 10 2.0 CARVER Uaan ►assen (part) 3 trips 3 trips NTTC 53J/67 1.50 Chaska 3 trips -0- MTC 53„ 1.25 DA'%'OTA Apple :'alley 4 trips -0- MTC 35M 1.2S Bu:-nsvil1e 8 trips -0- MTC 35N 1.25 Eagan 5 trips -0- MTC 77E 1.2S Inver Grove 15 min. 60 min. MTC 8 2.0 Lilydale 3 trips -0- MTC 72 1.25 Mendota -0- -0- -- 1.2S Mendota Heights 15-20 min. 50-60 min. FTC S 2.0 Rosemount 1 trip -0- MTC 46 1.25 South St. Paul 15 min. 30 min. MTC 8 2.0 St -fish Lake -0- -0- -0- 1.25 ko:: St. Paul IS min. 30 min. %TC 8 2.0 HENNEPIN Bloomington 15-30 min. 30 min. MTC 47 2.0 Brooklyn Center 5 sin. 30 min. MTC 5 2.0 Brooklyn Park 10 min. 60 npin. ETC 5 2.0 Champlin 10 min. 120 min. %TC 26 1.50 Chanhassen (part) 5 trips -0- %TC S3J 1.25 Crystal 20-30 min. 60 min. MTC la 2.0 Deephaven 20 min. 120 min. MTC 67 1.50 Eden Prairie 3 trips -0- MTC 531 1.25 Edina 10-15 min. 20 min. MTC 6 2.0 Excelsior 20 min. 120 min. WC 67 1.S0 Golden Valley IS--10 min. 40-60 min. MTC 19 2.0 Greenwood 20 min. 120 min. MTC 67 1.50 Hopkins 10 min. 30 min. WC 12 2.0 -2- SERVICE LEVELS IN COMMUNITIES WITHIN TRANSIT TAXING DISTRICT FREQUENCY GOVERNING COUNTY/CITY PEAK OFF-PEAK ROUTE MILL RATE HENNEPIN Long Lake 30 min 2 trips MTC 51 1.50 Maple Grove 3 trips -0- WC 45 1.25 Medicine Lake -0- -0- -0- 1.25 Minneapolis 3 min. 6-10 min. RTC 18 2.0 Minnetonka 20 min. 60 min. WC 12 2.0 Minnetonka Beach 20-30 min. 60 min. WC Sl 2.0 Mound 20-30 min. 60 min. MTC 51 2.0 New Hope 20 min. 60 min. MTC 14 2.0 Orono 20-30 min. 60 min. MTC 51 2.0 Osseo 3 trips -0- MTC 45 1.25 Plymouth 30 min. 60 min. MLL 2.0 Richfield 10 min. 15-20 min. MTC 18 2.0 Robbinsdale 5 min. 20 min. MTC 14 2.0 St. Anthony 20 min. 40 min. MTC 4 2.0 St. Louis Park 5 min. 20=30 min. MTC 17 2.0 Shorewood 20 min. 120 min. WC 67 1.50 Spring Park 20-30 min. 60 min. MTC 51 2.0 Tonka Bay 2 trips -0- MTC 67 1.25 Wayzata 20-30 min. 60 min. MTC 51 2.0 Woodland -0- -0- -0- 1.25 Wold-Chamb. Field 20 min. 40 min. MTC 7 2.0 R .MSEY Arden Hills 20 min. 4 trips NSI 1.50 Blaine 10-20 min 60 min. MTC 24 2.0 Falcon Heights 30 min. 60 min. MTC 6 2.0 Gem Lake 2 trips -0- MTC 15 1.25 Lauderdale 10-15 min. 30 min. MTC 5 2.0 Little Canada 30 min. 60 min. NSL 2.0 Maplewood 20-30 min. 40-60 min. WC 9 2.0 Mounds View 10 min. 70 min. MTC 25 1.50 New Brighton 20-30 min. 60 min. MTC 4 2.0 North Oaks -0- -0- -0- 1.25 North St. Paul 20-30 min. 60 min. WC 9 2.0 Roseville 10-20 min. 20 min. MTC a 2.0 St. Anthony 20 min. 40-60 min. ITC 4 2.0 St. Paul 4-6 min 8 min. MTC 16 2.0 Shoreview 30 min. 60 min. NSL 2.0 Spring Lake Park 10-20 min. 40-60 min. AfTC 10 2.0 Vadnais Heights 20 min. 4--5 trips NTC 2 1.50 ►Vhite Bear Lake 20 min. 60 min. MTC 15 2.0 White Bear Lake Twnshp. 2 trips -0- 14TC 1S 1.25 SCOTT Prior Lake 2 trips -0- WC 35N 1.25 Savage 2 trips -0- MTC 35N 1.25 Shakopee -0- -0- -0- 1.25 -3- SERVICE LEVELS IN COMMUNITIES WITHIN TRANSIT TAXING DISTRICT FREQUENCY GOVERNING COUNTY/CITY PEAK OFF-PEAK ROUTE MILL RATE WASHINGTON Bayport 60 min. 60 min. VT 2.0 Baytown 30-60 min. 120+ min. MTC 12 1.50 Birchwood 1 trip -0- MTC 35A 1.25 Cottage Grove 20 min. 120 min. MTC 18 1.50 Dellwood 30 min. 120 min. MTC 15 1.50 Lake Elmo 30-60 min. 120+ min. MTC 12 1.50 Landfall 20-30 min. 60 min. MTC 3 2.0 Mahtomedi 30 min. 120 min. MTC 15 1.50 Newport 20 min. 120 min. MTC 18 1.50 Oakdale 20-30 min. 60 min. MTC S 2.0 Oak Park Hts. 60 min. 60 min. VT 2.0 Pine Springs -0- -0- -0- 1.25 St. Paul Park 20 min. 120 min. MTC 18 1.50 Stillwater 60 mir. 60 min. VT 2.0 Willernie 30 min. 120 min. MTC 15 1.50 Woodbury 20-30 min. 2 trips MTC 94W/3 1.50 White Bear Lake 20-30 min. 60 min. MTC 15 2.0 NSL - North Suburban Lines MLL - Medicine Lake Lines VT - Valley Transit MTC - Metropolitan Transit Commission JJC : j ao 9/ 27/ 84 we:lonka area chamber of com�ClL Nt TINC 5600 Lynwood Boulevard,4 Mound, MN 55364 • Executive Vice -President: Chic Remlen OCT 15 i9 4 Chamber Waves OCTOBER 1984 OFFICERS President. Ted Koenecke President Elect: Steve Woo Treasurer. Donna Quigley Secretary, Dan Regan DIRECTORS Past-Pres. Paul Pond John Burger Helen Daum Jim Dickinson koger Finnes Audrey Schultz George Stevens Diane Theis A (mind is like a parachute! — It cannot function unless it is open! With that in mind, we are having a joint evening meeting with the Westonka League of Women Voters for our Oct. 17 General Membership Meeting. The program will be the League's 1984 Can- didate's Forum. This will give our membersminds the opportunity to compare the candidates in a thoughtful, controlled setting. The Westonka Seniors have graciously agreed to host dinner for us in their Center at the Community Services Building from 6:00 to 7:15. The program will start at 7:30 in the School Board conference room. You must have reservations for the dinner by Tuesday the 16thl Dinner by reservation only. 472-1600, ext. 247, 248; 472-1600. President's Letter: The Nominating Committee has made its recommendations, and it is time to start contemplating a changing of the guard. We owe a great debt and � very special thank you to the three directors, Jim Dickinson, Paul Pond and Audrey Schultz, who will be leaving the Board at the end of 1984. While serving on the Board, Jim has opened his first law office in Navarre, gotten married and had his first child, and yet he has still found time to serve a year as Secretary to the Board and always responds favorably to Chic's calls for assistance. Paul. of course, was our 1983 President - a term during which we doubled our membership and cemented many of our current programs. Audrey has gained the affectionate title of "the Chamber Pot Lady". It's been her dedication to the beautifica- tion of the area that has allowed this program to exist! These accomplishments are but highlights that emphasize the dedication and concern which all three of these people have brought to their Chamber involvement. They are all genuinely concerned with the development and well-being of Westonka. The Chamber and the community owe thorn a very special thank you for their service! To those who attended the first joint meeting of the Retail Councils, I am sorry that another commit- ment did nest allow me to join you. I understand that Chic Remien and President -Elect Steve Wood handled the program well and that those of us who missed Pizza On The Lake's buffet really missed something special! The Chamber should work on building a strong Retail Council network. I urge you to become involved in your Retail Councils. They can become the backbone of our business community. Currently, a handful of dedicatt. ; people carry the responsibility of developing these Councils. Our other retailers should not expect this small group to shoulder the task alone while they sit back and reap the benefits. The Board of Directors has made a strong commitment to the establishment of a system of Retail Councils within our organization; however, continuation of this commitment is based on a positive, active participation by area merchants. I urge you to attend your Retail Council meetings this month - your business needs it! Ted Koenecke, President The following nominations have been submitted to the membership for terms (1985.1987) on the Board of Directors: Pat Meisel - Theta Industrial Products/Meisel Hardware Larol Pitsch West Tonka Interiors Donna Quigley • State Bank of Mound Dave Simonson • Town & Country Foods The membership has the right to nominate by petition. If no additional nominations are made, then the candidates listed above will be accepted by the Board of Directors at their regular October Board meeting, Please call the Chamber office with any questions. Chic'n Scratches: ttr Congratulations to Pastor Bob Iverson (Good Shepherd Lutheran) and his family! It's a girl! • Isn't that a great new sign at Shoreline Bait & Tackle? it Herb (Herb's Typewriter Service) — Hope your broken leg heals fast. CALENDAR Oct. 2 - Mound Retail Council - Mound Council Chambers, 7:30 a.m. 4 -Governmental Affairs Council - Lafayette Club, 7:30 a.m. 9 - Board of Directors - Twin Birch, 7:00 a.m. 9 -Navarre Retail Council - Pizza on the Lake, 7:15 p.m. 17 -General Membership Meeting - Senior Center, 6:00.7:15 p.m. Dinner. League of Women Voters' Candidates Forum - 7:30 p.m., School Board Conference Room. Reserva- tions for dinner are a must! by Tues. no6n, 472-1600, ext. 247, 248, 472-1129, 472-6780. 31 -Spring Park Retai: Council - Pizza on the Lake, 8:30 a.m. Nov.12 Board of Directors Retreat - Lafayette Club, 7:00 a.m. The community is always welcome at all Chamber functions • let's Work Together! Chic Remien attended Checkpoint '84 on Sept. 20 E 21 as a delegate from the Westonka Chamber. This conference, sponsored by the Minnesota Commission on Small Business, was held to develop the 10 most pressing legislative concerns for 1984 of the state's small business com- munity. The results were: 260: The unemployment compensahon system should be rolormed as follows. a SoNtory of the unemployment compensation system inOuld be a lop yri0'.ty tit., Io reduce the Federal tax which ,s not experience rated and return to the -tale lax which ,s exper,erce rated. b The current unemployment compensation banal, I*v L`:s should be frozen until the system is solvent. c. Oppose any unemployment compensation lax hikes without fundamental changes ,n access to benefits d. Unemployment compensation taxes should be more experience rated a The ac Ce3sabilily test lot access to the unemployment compensation system should be sllengtheilea. 1. per11,me workers should not be allowed access to unemployment compensation benefits 425 votes). 331: The slat* should develop stralog,c, economic and fiscal long range plans for revenue and expenditure needs (29 votes) 141: Corporate and personal income lax rates must be reduced over a five year period to provide .,..ling and now busine;ses with the needed funds to compete while maintaining and expanding then businesses. These reductions would {limutel• the also's economy, increase production and Improve employment L*gisjaliorl is headed to, a. Reduce Corporate income lax rates to 6% On the last S50,000 and 1 0 10% as Ina maximum rate on Income over S50,000. Timetable. S50,000 income 9% July 1. 1985, 6% July 1, 1987, Over $50.000, 11 % July 1, 1985; 10% July 1, 1967. b. Reduc* the maximum personal income tax of 16% to 12% Timetable Maximum lax 14% July 1, 1'10. 12% July 1, 1987. c Conform k Calstaled deplocia Lion schedules io Ihelodoial 10.5.7 schodals Timetable Federal COnfofmanco. r*troaclivo to August, 1961 d The Federal mcome tax doduclion should not be eliminated lot Individual income tans (36 votes) 261. The following should be done regarding hazardous waste a. The Minnesota Legislature should amend the 1989 Environment Response and Liability ACT (superlund law) to provide that strict liability would not be applied retroactively from the dale of Ina Act except for those 17*nsona who have acted knowingly, recklessly, of carelessly so as to endanger the public health and safety and trial future liability be established so as to reasonably protect the legal and civil rights of persons subject IC the act. A major goal of such legislation should be to retain and enhance lob oppoftum:,es and Ine suture growm of apncunwe, WHneas and mtlustiy ,n Minnesota b Prbmpti) :, ^ � i {lose disposal flies for disposal of Minnesota's heza,dOus wale. (24 votes). 26e: The following should be don* regarding the wOfkeYs coinp*nealion • Do not Change the 1901. 19V and 1963 workers' compensation reforms until 19M when comparable data on the current reforms will be available. b. f e the sp*C *Ofkora' Compensation fund and its assessment rate. c. Oppose workefo' compensation benefit increases until the recent system reform s a.. akled . by actual 0011*nce. (26 roles). 140: Reduce ohsispanly among and simplify In* classifications of property taxes lot businessagriculture and homeoar vrs. (31 votes) 142'. The Minnesota sales tax shall not be expanded nor shall the rote be increased 130 votes) 222: Economic development Hldud amphasize leep,ng existing Minnesota businesses in the {tale, the development of increased agricultural processing and providing an environment in which existing busmese{ car. expand New plant conslfucl,on and equipment. es pension of manufacturing and research facilities and Multi -slate national sarvics industries which are identified with new job creation should be given p,orily consideration for incentives such as Industrial Revenue bonds, sales tax exemptions and p,operly tax abatements. (23 voles) 201: Minnesota Mould establish As public policy that all poisons have, and shall be projected in The exercise of. The fight, treaty and without leaf of penalty or reprisal, to form, join or assist labor organizations or to retrain from any such activities. 1 e., a "right 10 work" law. 07 voles) 112: Requite Minnesota Conformity to Federal lax laws rn such areas as ACRS, IRA deductions, etc. (22 voles). 136: The Iegislatule should pass its revenue raising bills first. Then pass its expenditure bills within Ina" rev*nu*bmils. As an alit, native, Ihe I*g,aloluto should establish a ways and means committee in In* house of replesenialives Thal should consider and pass all lax and apprOpto loan bills belore any such bills are recommended to the floor (22 voles) 5600 Lynwood Blvd. Mound, Minnesota 55364 - westonka area chambe9 of c.ommwee vv/ L; I ' OCT 2 M4 .. r 1t y Box Orono CryB tat g� At: Dick B tuenBon55323 Bulk Rate U.S. Postage PAID Mound, MN 56364 Permit 022 COUNCIL MEETING MINUTES OF THE MEETING OF THE SCHOOL BOARD OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON MONDAY, September 10, 1984 CITY OF ORONO OCT 15 15a", 1-he regular meeting of the School Board of Orono Independent School Distric• No. 278 was held on Monday, September 10, 1984. Present: David McKown James Franklin James Seiter Don Anderson William Levering William Fenhol Kitty Crosby Reuben Palm UPON MOTION by Kitty Crosby, seconded by Jim Franklin, the minutes of the J�jly 23, 1984, Special Meeting were approved as amended as follows on page 2, paragraph 1, the addition of the words "net worth" in place of the word "network." UPON MOTION by Jim Franklin, seconded by Reuben Palm, the minutes of the Auqust 13, 1984, Regular Meeting were approved as presented. Jim Seiter reminded the Board of the AMSD Orientation Meeting on September 19, 1984, at the Normandy Motor Inn and that they should call District Office with reservations before September 14. Bill Levering asked that Board voting procedures and criteria for abstention be added to the Agenda. Jim Franklin stated he had received comments from concerned parents regarding the elementary school grading system. Mr. Franklin stated he had explained tha, this reporting system would tie tried for a year and ts.en the results -oull he discussed. Disc•i!sion ensued regarding the beginning date of school and the early schcil closing on August 28, 1984, Several Board members had received calls core :nq this matter. Mrs. Crosby stated that several teachers had stated that this item would be on the agenda at the next Teacher Meet b Confer meeting. Don Anderson asked about two coaching positions to be filled, wrestling and track. Mr. Seiter responded that the wrestling position had been filled but as yet the track position was still open. Don Anderson asked about the situation on the soccer field. Mr. Fenholt stated that the gr39ing and seeding should be finished this week. jim Seiter informed the Board of the meeting to �,- held on Tuesday, September 11, 1984, at 7:30 p.m. in the District Office between two representatives each from Woods Academy, Maple Plain Council and Orono School administrators. A report of the meeting will be sent to board members on Wednesday. Jim Seiter introduced Mrs. Joan Lane as the chairperson for the referendum -nd he also stated that Maurine Petrucci had agreed to act as Mrs Lane's co-chairnerson in the referendum. UPON MOTION by fill Levering, seconded by Don Anderson, the resignation of Karen Pederson, ESL teacher, was accepted effective August 21, 1904. Mr. Seiter commented on the ESL program which now has :j students and possibly a 4th. This creates a 2 hour ESL position and the 1 hour position for reading would be replacement for Don Mann while he wor4e on the Title I computer program. UPON MOTION by Don Anderson, seconded by Jim Franklin, Sharon Anderson was hired as ESL teacher, 2 hours per day, and reading for 1 hour per day for the 1984-8b school year. UPON MOTION by Reuben Falm, seconded by Jim Franklin, Ppproval was granted for Adrienne and Elizabeth Jones to attend the Orono Schools. There was concern expressed by various Board members a•: to the number of releases or requests for transfers to attend school in other distr cts. Mr. Seiter explained that Orono is one of the most stringent districts in the metro area as far as these transfers are concerned, but once the Board agreed to take tuition students, tin^ district is obligated to accept future requests, either tuition students or students released by other school districts. Administratic, was directed to check on the law rrgard�ng this situation and the correlation between accepting tuition students and being forced to accept students from other school districts on regiest. Mr. Seiter explained that this is a very "gray" area with the State Department but they will oh•ain as much information as possible. RESOLVED, upon motion by Bill Levering, seconded by Do:, Anderson whereas the amount of $37,380, which represents the fourth levy on the 19t+1 auditorium bonds and interest, can be paid from Debt Service Funds or hand and accruing, the total 1984 levy of t381,807 for all outstanding bonds and interes• will be reduced by s3',380 to S344,427. The reduced amount represents the regular- levy for all remaining indebtedness. RESOLVED, upon motion by Don Anderson, seconded by Kit-..y Crosby, since surplus Debt Service Funds on hand on June 30, 1984 are needed for future bond and interest payments on the auditorium, so that additional taxes will not be levied, it is hereby resolved thit said surplus funds are obligated. It is further resolved that the regular annual levy for outstanding indebtedness will be made in 1984 for i w_ less the amount due on auditorium bonds and interest. UPON MOTION by Bill 'evering, seconded by Tim F>anklin, Vicki Bradley was hired as District Office recer ...inactivity funds tierk. Jim Seiter gave a brief explanation of the District Offire changes There are actually fewer people now in the District Office in relation to the number of hours worked. The total salaries involved are approximately the same, maybe some less, than before. Mr. Fenholt explained that if the remova. of E1Roy Katcher's position as district superv'.sor of buildings and grounds was in-luded, the salaries would be considerably less. Mr. Katcher will no( be replaced a:id his dut:ea wi,l be alloca,..0 Lo existing personnel. UPON MOTION by Bill Levering, seconded by Feuban Palm, approval was granted for three part-time custodial positions, namely, Susan And•�rson, Margaret Andorsers and Det,nis Ahlschlager. Bill Fenholt reported on enrollment in the Orono Schools As of August 30tti Orono had an enrollment of. 1954, down from 2014 since ►&y, a de(- the of 60 students. There wars 191 gr.aAustes and there are 142 pupils in ki"dorgarten or 49 fewat now enrollee. compared with graduates. The enrollment projection for 1964-85 contained an estivate of 1953 students, one '_ass than enrolled. The enrollment is directly related to aides and levies which leans that our revenue projections provided to the cossmmi .y for the Levy Referendum are quite close. Bill F.nholt reported that a meeting was called ',y the Hennepin County Assessor and the Assistant County Attorney. This meeting was attended by .Tim Seiter, Bill Fenho,t and George Stubbs. The discussion centered aro!nd school district F.A.R.C. 'Equo.ization Aid Review Committee) values which are the basis for distrinut+gin of state aids. The school attorney h.ss filed the Notice of Appeal which would mean prob:,bly 1/2 mill to our taxpayers if the district is successful in gaining the char3e of ratio. This will lower :he E.A.R.C. value on which the state aid formula is eased and the state aids will go up and the local levy wall go down slightly. It does not mean any more money for the school district, but our taxpayers will get a sw 11 break. UFJN MOTION :.);, Bill Levering, seconded by Kitty Crosby, approval was granted for tt.• Cable TV line to be run to Orono High School with alterations made to Room 102 at tie high school by Dow -Sat Cable TV Company at their expense. IF -ON MOTION by Bill Levering, seconded by Reuben Palm, the following procedures, polling places, polling hours and judges for the Special Election on October 9, 1984, were established: 1. All ballots will be commercially printed. 2. Polling places shall be open from 7:00 a.m.. to 8:00 p.m. 3. The pollinq places shall 5e the Maple Plain City Hall, the Orono City Hall and the Orono Middle School. 4. The Maple Plain polling place shall be designated for voting by handicapped persons. 5. The following shall be judges: Pol-iing Place Election Judges Maple Plain City Hall Alice McPherson, Carol Straw tiurg Gay Kearin, Janice Blair, Ruth Eisinqer, Cherry Stubbs Orono City Hall John Groff, Betsy Clark Mary " 1:9y, Lyle H'_llstrom, Sandy Larso, It* Kaster Orono Middle School Ken Tur• Wendy Larson, Sarah h s, Ruth Hoifuian, Jane Olbon Substitutes as needed UPON MOTION by Jim Frankl --conded by Kitty Crosby, Bf.`. Strong was hired as middle school cashier. UPON MOTION by Reuben Palm, seconded by Don Ander -), the low bid of Marquette Laasing for the lease agreement coverinq the purc:.dse of a replacerrnt silrveillance system was &cram y•i Dave McKown ex-. . that Mrs Fzte ie Senesac has desi gr.a'e' a f..!100 s•c',olarslip In memory of her husband, Steve, to be used for a vocational education scholarship or 23M annually for an Orono student. UPON MOTION by 'Citty Crosby, seconded by Don Ands- on, the Board accepted the contribution rr-ia Mrs. Steve Senesac for S2,UX, _•e used fir a vocational education scholarship of 1300 annually in mefto-: �Pr her husband, Steve Senesac. UPON MOTION by Reuben Palm, seconded by Bill severing, the October 8 meeting will be changed to October 9 at 8:00 p.m. in order to cbr,vass the Spec,al Election returns. Discussion was field-egarding criteria for votinq as a member of the School Board with regard to their obligation to vote on issues, obligation of the chairman to vote, abstentiois and the possibility of recording the vote of each member whenever the vote is not unanimous. UPON MOTION by Jim Franklin, seconded by Reuben Palm, i.' there is an abstention on the part of the Board, the chairman shall ask the member abstaining the reason for abstention and out of courtesy the Board would anticipate that the W),t ; member would reply. Nay vote- Don Anderson. Motion carried. After further discussion, the fol'_owi.ng clarification was aq-eed up,:: when there is a nay vote, the chairmat, will declare the vote. UPON MOTION by Kitty Crosby, seconded by Ji:n Franklin, the bil.s at covered by vouchers 044513 through 044 10 find 044919 through 045063 (044701 through 044918 usp:' as computer checks already approved) were approved as presented. The September 74th meeting will be hel:: at 6:3' p.m. The board will recess prior to the public hearing tc be held at 7.30 p m. and will reconvene when the public hearing is finished. UPON MOTION by Bill Levering, seconded by Reu. en Paim, the mxetinq was ad)our.,p, Approved: Dave McKown , C)%sirman Katherine P. Crosby, Clerk 4 welt hennepin human taMcit/ planning board 4100 wernon avenue /ouch, A. lout, park, minne/ota $5416 fAAtpIA COUNCIL MEETING YA1on 920-5535 --� 0 C T 1 5 1984 CITY OF ORONO W E C 0 0 F E D ! ! ! You may have wondered, when you received the newsletter recently, why some stories d t end. It seemed ;Ike somiithing was missing. well, you were right. Something was missing --the middle pages. You now have in your hands a complete ewsletter. We have not, however, enclosed "The Lagging Irdicator" again since you received it in your :sst copy -of the newsletter. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. The designated driveway access to the property is to the north and is subject to City review. 5. The existing cabin is a legal non -conforming structure and is subject to all pertinent ordinances. This cabin is to be used for storage only and may not be used as a second dwelling unit. 6. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 15, 1985). 7. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminatPany authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself , his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of titre of the property. Adopter' by the City Council on this 15th day of October, 1984. ATTEST: Dorothy M. Hallin, City Cleik h'-iry C. Butler, Mayor (1) Property Owner (2) Property Owner (3) Property Owner COUNCIL MEETING To: Walter R. Henson, City Administrator Orono Council Members From: Jeanne A. Mabusth, Zoning Administrator Date: September 19, 1984 Subject: N859 Dennis Kumlin, 2665 Fox Street Zoning District - RR-18 Area: Total = 7.49 acres Wet = .21 acres_ Dr-y = 7.28 acres Application - Subdivision - Plat - 2 Lots List of Exhibits: Exhibit A - Application Exhibit 8 Property Owners List Exhibit r - Flat Map Exhibit. D - Fovwood Flat Exhibit E - Resolution Approving Fo:wood Exhibit F - Conservation & Flowage Easement Exhibit 6 Alternative Plats Exhibit H - Preliminary Plat OCT 1 5 i984 CITY OF ORONO Mr Kumlin proposes the division of lot 2, block 1, Foxwood. The original. Fo>:wood plat of 2 lots was approved in 1978. The City acquired Flowage & Conservation Easements over the desig" nested wetlands. The current proposal involves the creation of 1 new residential lot: that abut.ts For: Street. Th: applicant has been made aware of the alternatives of platting access for the new lot (See Exhibit H). The proposed layout is also acceptable where access is provided via a private access easement through lot 1. In either case, access for both lots will be a shared access. Lot 1 has feet of frontage but the location of the wetlands along the east front line and the design of Fox Street limit safe access to existing curb cut. Staff hos received septic test information for lot 1 and finds that the test data confirms suitable area for both a prell- mina-y and alternative drainfield site. Staff will not require septic testing for lot as it exceeds 5 acres in area and we see no potential problems for the emi sting residential lot. Al existing structures meet tht' recjciired sF'thac1 s of the zoning district. 14 current proposal is selected by applicant , thu 4tnal plat must be amended so that the area of Lot 1 is e c-I ics.i ve cif the area of the arc ess t-as;emE•nt . Planning Commission recommends approval of the two lot plat of Dennis Kumlin finding that all standards of the RR-iB zoning district platting code and on site septic code have been fulfilled subject to the following conditions: 1. Payment of park fee of i200.0) for newly created Lot 1. Access for lots 1 and "' will be shared located at the existing curb cut. 31. owners to provide appropriate access easements when design of plat is finalized. c / ,>e /r( Date Rec' d e✓ �i� S�� yC t, r . X rc• Fee Rec' d CITY OF � ` - / .x��IC c - .rt SUBDIVISION APPLICATION FORM ---------------------------------------- ----------------------------- APPLICANT Name DEN N I S UM(,/,t/------Telephone Mailing Address ;Z-,(,p (p11il2lyh,? 7 / PROPERTY Name 5A/y( Telephone OWNER — - Mailing Address (Attach list if more than one) ------------------------------- PROPERTY LOCATION Street Address ;2, to roS E c)K 5L Property Identification No. (P.I.D.) Complete Legal Description t;, be attached to application ---------------------------------------------------- ----- --------------- EXISTING LAND USE Number of Tax Parcels (r, Development Size Acres Dry Land �l _ Acres Wet Land r; Acres Total, all parcels Present Use (check) _y/ Residential; no. of units Other (specify) Present Zoning District --------------------------------------------- PROPOSAL — - Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) ___k/ Subdivision for New Building Site Number of Building Sites: Existing Units New Units Total Units Proposed Gross Density Units per Acres Minimum loot Size: Square Feet Dry Buildable Land Proposed Use: (Check) _k--,- Residential Other (specify) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION tl-• Application Completed L;~ Preliminary Plat information on Certificate of Survey. 3. Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4. Stamped, legal Sized envelopes ( Ai0) pre -addressed to each of the names on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. , / _ Zoning Officials Signature %�(l/;r�� Z�i // 'i(.•� Date --------------------------------------------------------------------------- MINIMUM MATERIAL NECESSARY FOR COMPLETE FINAL PLAT APPLICATION 1. Payment of fees (park fees, filing fee, sewer and water assessments) 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. EasemenLs, Covenants, etc. 5. Developers Agreement and acceptable form of security. Certification by Zoning Department that Final Plat Application is complete. Zoning Officials Signature Date --------------------------------------------------------------------------- FEES Sketch Plan Review (Class I, II b III) $100.00 �X Preliminary Review (Class I & II Subdivisions) '250.00 Preliminary30 `�' ��� C Review '-1G. $240.00 plus (Class III and all non-residential) 2C.00/lot _ Final Plat Review (Class III) $100.00* *(Plus any legal or engineering charges) Applicant has read the above and hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees es"ablished by ordinance. IN Applicant's Signature Owner's Signature Y {iiilt� "� /'� Date ")3- Applicant must have all suumittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meet 1rigs are held on the third Monday of each month. s lQQ RUN DATE 08/24/84 - BATCH 004 - HEWICPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 04-117-23 41 0002 38 04-117-23 41 0004 PROP ADDFf 02420 F6X ST OL.7,ER NAME JONN F PATTERSON III ETAL WILLIAM f OGRAM ETAL TAXPAYEP JOHN F PATTERSON III DEAN R LINOBLOOM NAME /ADDR 24ZO FOX ST 2630 FOX ST WAYZATA MN S5391 WAYZATA MN 5S391 38 04-117-23 4Z 0003 38 04-117-23 42 0010 PFOP AOOR 01^690 FOX ST 02620 FOX ST :JW'lP tiAME 0 0 SCHIPPER ETAL T14EO WANGENSTEEN JR TRU5TEE TAfPATER DAREL 0 SCHIPPER G JAY i T L "REP h AMElAODR 2690 FOX ST 2620 FOX ST WAYZATA MN SS391 WAYZATA MN 5S391 38 04-117-23 42 0022 38 04-117-23 43 0003 POOP ADDR 0267S FOX ST CuIER .AME VAN EECKHOUT BLDG CORP STEPHEN G KASTER ETAL TAIPArER VAN EECKHOUT BLDG CORP STEPHEN G KASTER NAME/ADOR 15500 WAYZATA BLVD 41019 2675 FOX ST WAYZATA MN SS391 WAYZATA MN 55391 38 04-117-23 43 0005 :8 04-117-23 43 0006 POOP AOOR 00780 OLD CRYSTAL BAY RD S 0078C OLD CRYSTAL BAY RD S 0:14 0 NAME CHARLES 0 KAL-ESTAD CHARLES O KALLESTAD TarPAYER EDWARD E STRICKLAND EDWARD E STRICKLAND NAME/ADOR 780 OLD CRYSTAL BAY RD SO 780 OLD CRYSTAL BAY RD 50 WAYZATA MN 55391 WAYZATA MN 55391 38 04-11 23 43 0010 38 04-117-23 44 0002 PPOP ADDR 02665 F ST ''Wtdp NAME D i B KLRi�.IN LYt10ON S STLIBISS ETAL TAAPAtER DENNIS F KUMLIH LYl0Otl S SIUC.BS NAME/AODR 2625 FOX ST 185 OLD CRYSTAL BAY RO WAYZATA MN 55391 LOtIG LAKE MN 55356 F'RGP ADCR OWNER NAME TA/PAYER TOTAL BATCH 004 MIS i REPORT NO. PI435401 FAGE 7 38 04-117-23 42 0001 02660 FOX ST POGER V DAME ETAL ROGER V DANE 2660 FOX ST WAYZATA MN 55391 38 04-117-23 42 0021 OZ700 WHITE OW CIR ROY F RASMUSSEN ET AL ROY F I MARY LU RASMUSSEN 2700 WHITE OAK CIR ORONO Mtl 55356 38 04-117-23 43 0004 00700 GLU CRYSTAL HAY RD S E A L STRICKLAND EDWARD E STRICKLAtt7 780 OLD CRYSTAL BAY RD WAYZATA MN 55391 38 04-117-23 43 0009 0116:5 FOX ST D i E PETERSOH DAVID E PETERSON 2625 FOX STREET WAYZATA MN 55391 38 04-117-23 44 0003 00780 OLD LRYSTAL BAY RD 5 CHARLES 0 KALLESTAD EDWARO E STRICKLAND 780 OLD CRYSTAL BAY RD SO WAYZATA till SS391 RUN DATE OB/24/84 HENNEFIN CCJNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI43S401 PROPERTY OWNERS LIST PAGE 8 BATCH 004 I CERTIFY THAT THE FACTS REPRESENTED ARE AN A -CURATE A►IJ TRUE REPRESENTATION OF INFORMATION AS IT APPEARS Ti IS DATE ON THE RECCRDS OF THE HENNEPIN COU',T/ DEPARTMENT OF PROPERTY ,*AXATI0:4. TO HE BEST OF MY KNOWLEDGE AND BELIEF j� OAT N BY _ 1447 J Y� LOT 13 f1 p I s� 69 test l L o Eas' <, SOT ;07 LOT 1i j 23 LOT 21 `; r 2�: .:.r FOX ;SY 300 t:36 'S r o 1 � 1 LOT 115 "'' CO 4 o' 4 .., 2 s LOT IC O s Q, r I i S I LOT I26 1 i 536.25 N89.18'15"W 536 25 0i N890I0,15-W RESOLUTION NO. 951 RESOLUTION APPROVING THE PIAT OF FOXWOOD I 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 subdivi-4on regulations for the orderly, economic and safe development of lanC4, thin the City; and WHEREAS, the City Council has considered the application for a subdivision plat by Dennis Yumlin, the subdivider; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Dedication on the plat of rights of way for public streets and roads, shown as Fox Street. 2. Dedication to the amity of a Flowage and Conservation Easement (Exhibit A) providing for limitations on the use of wetlands and/or drainageways described therein. 3. Payment to the City of a Park Dedication Fee in the amount of $500.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Foxwood, Hennepin County, Minnesota; subject to the following conditions: The aforesaid plat shall be filed with the Hennepin County Recorder's office on or before April 10, 1979, together with a certified original copy of this Resolution and executed copies of Exhibit A as noted above. FJ.OV—hGE AND CO`:SF-RVAT30N }:AS3:MENT 1,14D IiA1V):it OF THIS IND).:NTLIRE, ynode and entered into this _ day of 19'1-g , by and between h(.-irs, assigns, successors Nereinafic:r collectively refined to as the Grantor(s)) and the City of Orono, its suc- cessors and assigns, a municipal corporation u!,der the laws of the State of 1•1,inncsota (hereinafter referred to as the Grantee). ►+'nWI :SSE']'H, Grantex(s), LoAcavd in consideration of the sum of One Dollar ($1.00) and other valuable consideration, hereby covenant, grant, gift, quit claim and convey to Grantee the right to restrict and Grantor(s) agree to limit and pre- clude She use, improvement and develol.:sent, under the condi- tions and covenants herein contained, the following described Land in the County of Hennepin and State of Minnesota: That part of Lots 1 and 2, Block 1, Foxwood, described as follows: Beginning at a point on the Vorth line of said Lot 1 distant 40 feet*Eastfrom the Northwest corner of said Lot 1; thence tlest on said North line and the North line of said Lot 2 a distance of 220 feet; thence deflecting left 146 degrees a distance Df 50 feet; thence deflecting left 17 degrees a distance of 115 feet; thence Northeasterly to the point of beginning. as follows: 1. Grantor(s) hereby covenant and agrce(s): A. 1;o structures shall be constructed, erected, or placed upon, abDve, or beneath the Land including without limit- ation, fences, fireplaces, steps, docks, piers, hard -cover or roads of any nature whatsoever, or any other structure or ijr,provc- ment inconsistent with the natural state of the Land. B. No trees, shrubs or other vegetation shall be destroyed, cut or rc-Moved from the Land except as authorized by written consent of Grantee. C. No earth, loam, peat, gravel, soil or any uther natural material or substhnce shall be moved or re.noved from the Land and there ahrll be no dreogirig or excavation of any nature -whatsoevcr or any change of the topography of the- LAA with�,ut the written consent of Grantee. Public within TO 1V' D. 1+0 �;oi 1, send, yravcl or oth,rr tMbstancc or ),,Itc•rial �and f i l l shall be placed, (!%!mhccd or stored uf,0n the Land and waste, trash or garbage !;hall be placed, dumped or stored n the Land. % E. l;o use shall be made of the Land except uses, if any, which will not ch. -ige or alter the natural con,:ition of the Land, and no u.,e which -would tend to change the drainage, flood control, water consprvation, erosion control, soil con- servation, fish and wildlife habitat characteristics shall be made of the Land or the water situated thereon. F. Grantee may enter upon the Land for the purposes of inspection and enforcement of the covenants contained herein and to cause to be removed from the Land without any liability any structures, uses, materials, substances, or unnatural mat- ter inconsistent with the covenants contained herein and the natural state of the Land. 2. Grantor(s) hereby grant, gift, quit claim and convey to Grantee, a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Land. `r 3. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever, the Grantee and any and all of its officers and employees of and from any and all claims, demands or causes of action of any kind or nature M'hats0evcr which may arise or accrue by virtue of any flo•,cage or trespass with water within terms of these agreements. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) do not intend that the public shoule have any interest in the above land by virtue of this incenture or other- wise, except as hereinabove set forth. The Grantor(s) herein certify that the land herein described are free and clear of all encumbrances except: All the provisions hereof shall run with the land and shall e>:tend to and bind the heirs, successors, representatives, g Antees or assi►,ns of the respgctive parties hr-reto. STATE OF MIN14i:SOTA- } 4s. 00UNTY Or HENI:EPIN } on this S/ r day of %. , 197F, before roe, a Notary Public with'In and for sai ��ountj,and Stit.c, personally D. )+o r..oil, sand, gravel or other i.nbstance or ,n.►iw_r` +1 andfill shall be placed, slumped or stored ur•Dn the Land and waste, trash or garbage :;hall )3e placed, dumped or stored n the Land. E. )io use shall be made of the Land except uses, if any, which will not change or alter the natural condition of the Land, and no use which -would tend to c),r.nge the drainage, flood control, water conservation, erosion control, soil con- servation, fish and wildlife habitat charactc-ristics shall be made of the Land or the water situated thereon. F. Grantee may enter upon the Land for the purposes of inspection and enforcement of the covenants contained )lerein and to cause to be removed from the Land without any liability any structures, uses, materials, substances, or unnatural mat- ter inconsistent with the covenants contained herein and the natural state of the Land. 2. Grantor,$) hereby grant, gift, quit claim and convey to Grantee, a perpetual flowage easement and right and privilege to trespass with -water over and upon any or all of the Land. It 3. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever, the Grantee and any and all of its officers and cmployees of and from any and all claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flo•»age or trespass with water within terms of these agreements. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) do not intend that the public should have any interest in the above land by virtue of this indenture or other- wise, except as hereinabove set forth. The Grantor(s) herein certify that the land herein described are free and clear of all encumbrances except: All the provisions hereof shall run with the land and shall extend to and bind the heirs, successors, repro entatives, y;,%ptees or assigns of the respgctive parties h Arr-to. OVATE OF MINIVESOTA ) ) As. COUNTY OF HE►"N'EPIN ) on this y day of 67 197f , before me, a it Notary Public whin and for said County and State, personally appeared tvf7.1r. a 9 _a . C! tft r r ��C...ts known to me to be the person(s) descri�d in and who exrcuted the foregoing instr►nent, and acknowledged that they executed said instru:T-ent as their own free act and deed. }notary Pub is AIDERTA �i.�rhC^! State used Tax Due lferrcv,,: Exe 'pt �r•M►A:k,r• This instrrunent was drafted byt POPHAM, HAIK, 5CHNOHRIC H, y.AuymAN i UOTY, Ltd. 4311 IDS Center, 11inneapolis, Minnesota 55402 (612) 335-9331 m F, PA2Q �OY O O -O s 3".00 ET ANp tlo 1!«.� . L 07t same r Ir s JrxcuG y N T cr N YK TO: Orono City Council a Q 5 11 O FROM: Jeanne A. Mabusth, i � ��' DATE: September 19, 1984 SUBJECT: #860 George Funk/Juc Preliminary Subdivi; n Zoning District - RR-1B :D a Area = 12.93 dry acres exclus p Application - Subdivision - p L C List of Exhibits Exhibit A - Application Exhibit B - Property Owners I Exhibit C - Plat Map Exhibit D - Plat Map showing Exhibit E - Easement purchasf Exhibit F - Preliminary plate ; e Exhibit G - Statement of Whit The applicants prop. -se the div % B contains applicant's res' standards of the RR--],B zoning c equiiLed setback rom propos There are no designated wet Ian is aware of a drainagway that cab the east side of Lot 2 up to the culvert in Lot 3. Drainage then runs to a low point on the east side of White Oak Circle. Surveyor must designate drainageway on plat as drainage easements --minimum width of 20'. Access to Lots 2, 3 and 4 is via the private road, White Oak Circle. I have enclosed the easement purchase agreement for your review. Note a homeowners' group does not own the road; ownership remains with the developer. Applicants should be advised that special provisions must be made in the location and construction of an access drive for Lot 4. The private road is not improved beyond the cul de sac. I have reviewed the need to acquire right of way for a future loop road with the City Engineer. We concur that to acquire right of way along the south side of the subject propoerty would place the access too close to an already confusing intersection. If there is to be a future loop road, i t should be to the south with an access on Fox Street located away from the intersection of Old Crystal Bay and Fox Street. Planning Commission responded to the homeowners petition by advising them that their concerns address the uses of a private road. If the subject road was a public road, the City would have the authority to deal with these matters. The drainageway has been addressed by the City in addition to the issue of a future loop road. The other matters would best be resolved between the owner of the road, homeowners and applicants. COUNCIL MEETING Zfl: Orono City Council FROM: Jeanne A. Mabusth, Zoning Administrator 1 1190 DATE: September 19, 1984 CITY OF ORONO SUBJECT: 1b60 George Funk/Judy Rogosheske, 540 Cld Crystal Bay Rd Preliminary Subdivision Zoning District - RR-1B Area = 12.93 dry acres exclusive of road right of way Application - Subdivision - plat - 4 lots List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Plat Map showing drainageway Exhibit E - Easement purchase agreement Exhibit F - Preliminary plats Exhibit G - Statement of White Oak Circle Homeowners The applicants propose the division of Tracts Band C, RLS 1340. Tract B contains applicant's residence. All proposed lots meet the standards of the RR -.LB zoning district. All existing structures meet required setback from proposed dividing lines. There are no designated wetlands located within the property but staff is aware of a drainagway that comes in from the northwest and runs down the east side of Lot 2 up to the culvert in Lot 3. Drainage then runs to a low point on the east side of White Oak Circle. Surveyor must designate drainageway on plat as drainage easement s--minimi,m width of 20'. Access to Lots 2, 3 and 4 is via the private road, White Oak Circle. I have enclosed the easement purchase agreement for your review. Note a homeowners' group does not own the road; ownership remains with the developer. Applicants should be advised that special provisions must be made in the location and construction of an access drive for Lot 4. The private road is not improved beyond the cul de sac. I have reviewed the need to acquire right of way for a future loop road with the City Engineer. We concur that to acquire right of way along the south side of the subject propoerty would place the access too close to an already confusing intersection. If there is to be a future loop road, it should be to the soutn with an access on Fox Street located away from the intersection of Old Crystal Bay and Fox Street. Planning Commission responded to the homeowners petition by advising them that their concerns address the uses of a private road. If the subject road was a public road, the City would have the authority to deal with these matters. The drainageway has been addressed by the City in addition to the issue of a future loop road. The other matters would best be resolved between the owner of the road, homeowners and applicants. Staff recommends prior to final plat approval that the applicant provide informati. . or proof to City that they have executed some form of an agreement to assure that Lots 2, 3 and 4 will participate in the maintenance and upkeep of White Oak Circle --remember access is assured in the easement purchase agreement (Exhibit E). The applicants will be asked to dedicate 33' of right of way for Old Crystal Bay Rcad. The septic consultant confirms that all three new lots have suitable area for both primary and alternate sites. Planning Commission Recommendation To recommend approval of the plat, White Oaks Overlook finding all standards of the Orono platting code, RR-1B zoning district and on - site septic code have been satisfied; approval is subject to the following conditions: 1. Drainageway must be designated as 20' wide drainage easements --dry areas of Lots 2 and 3 must be exclusive of drainage areas. 2. Applicants to provide information to City as how future owners of Lots 2, 3 and 4 will participate in sharing of the maintenance and upkeep of White Oak Circle. 3. Payment of park fee of $600 ($200 per each 2 acre lot) 4. Dedication of 33' of right of w y for Old Crystal Bay Roaa. r t �'► Date Rec'd By CITY OF ORONO IU Fee Recd Ui� , SUBDIVISION APPLICATION FORM j --------------------------------------------- -----il�_ 1-l- - ---- APPLICANT Name _7fn�cE. I-- )�Dy ��t�sHE'S► , Telephone Mailing Address S`/O QiS) KTA L l�Ay_2b 1.0/� r l K�:' SS3S 4 PROPERTY Name SAAA2, Telephone OWNER Mailing Address (Attach list if more than one) -------------------------------------------------- PROPERTY LOCATION Street Address Sg0 01a ov!4LI QAt/ 'C0 Lou& Property Identification No. (P.I.D.) vv Q,'Y-!i 4� 0013 001 Complete Legal Description to be attached to application --------- -------------------------------------------_......--- EXISTING LAND USE P�� )-----�.._.__..__ Number of Tax Parcels 3 ` AU6 2 3 04 J Development Size Acres Dry Land � Acres Wet Land �+ - � _ Acres Total, a l l per-cceisr Present Use (check) �/ Residential; no. of units ; Other (specify) Present Zoning District R R 1 S ----------------------------------------------- PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites: % Existing Units New Units Total Units Proposed Gross Density Units per J.3 Acres Minimum Lot Size: acres SgvaTe Peet Dry Buildable Land Proposed Use: (check) / Residential _, Other (specify) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Application Comp eted 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4. Stamped, legal sized envelopes (110) pre -addressed to each of the names on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature Date -------------------------------------------------------------------------- MINIMUM MATERIAL NECESSARY FOR COMPLETE FINA1, PLAT APPLICATION 1. Payment of fees (park fees, filing fee, sewer and water assessments) 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and acceptable form of security. Certification by Zoning Department that Final Plat Application is complete. Zoning Officials Signature Date _ FEES Sketch Plan Review (Class I, II & III) $100.30 2q(i).CX Preliminary Review (Class I & II Subdivisions) $2-5$.$ Preliminary Review $240.00 plus (Class III and all non-residential) 20.00/lot 30 0,O o Final Plat Review (Class III) $100.00* *(Plus any - legal or engineering charges--___�s�ttt_�v'_00 --___ Applicant has read the above and hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant's Signature Date Owner's Signature �_✓ Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. RUM DATE 08/IS/84 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. P1435401 PROPERTY OWNERS LIST PAGE 3 BATCH 002 '1 04-117-23 42 0001 PROP AD" 660 FOX ST OWNER NAME ROGER V BANE ETAL TAXPAYER ROGER V DANE NAME/ADOR 2660 FOX ST WAYZATA MN 55391 38 04-117-23 42 0004 PROP ADOP 02720 FOX ST CW01ER NAME LYLE R OLSON ETAL T•XPAYER LYLE R OLSC4 NAME/AODR 2720 FOX ST WAYZATA MN 55391 38 0L-117-23 42 0008 PROP ADOR 02640 FOX ST CSRIER NAME MARY K THEIS TAXPAYER MARY K THEIS NAME/ADDR 2640 FOX ST WAYZATA MN 5539; 38 04-117-23 42 P012 PROP ADDR 00540 OLD CRYSTAL BAY RO S 014JER NAME ELIZABETH B SPENCER TAXPAYER GEORGE FUNK/JURY ROGOSHESKE NAME/ADOR 540 OLD CRYSTAL BAY RO SO LONG LAKE MN 55356 38 04-117-23 42 0015 PROP ADOR 02775 WHITE OAK CIR OWIER NAME L A M MARIER JR TAXPAYER L JAMES A MARY MARIEP JR NAME/ADOR 2775 WHITE OAK CIRCLE LONG LAKE MN 55356 38 04-117-23 42 0018 PROP ADOR 02760 WHITE OAK CIR M4[R NAME LYNN C PEDERSEN TAXPAYER LYNN C PEDERSEN NAME/AODR 2760 WHITE OAK CIRCLE LONG LAKE MN 553S6 I 38 04-117-23 42 0002 ELIZABETH 8 `PENCER GEORGE FLMK/JURY ROGOSHESKE 540 OLD CRYSTAL BAY RO S LONG LAKE MN 55356 38 04-117-23 42 0005 02740 FOX ST 0 E OPESSEL ETAL ORVILLE E ORESSEL 2740 FOX ST WAYZATA MN 55391 38 04-117-23 42 0009 02630 FOX ST DEAN R LINDBLOOM ETAL DEAN R LINDBLOOM 2630 FOX ST WAYZATA MN 55391 38 04-117-23 42 0013 00540 OLD CRYSTAL BAY RD S ELIZABETH B SPENCER GEORGE FUNK/JURY ROGO",HESKE 540 OLD CRYSTAL BAY 40 SO LONG LAKE MN 5r,56 38 04-117-23 42 0016 C,790 WHITE OAK CIR P A M DOHERTY PATRICK J DOHERTY 2790 WHITE OAK CIRCLE LONG LAKE MN 55356 38 04-117-:3 42 0019 02740 WHITE OAK CIR J A L TORRES JOSE T A LUCY C TORRES 2740 WHITE OAK CIRCLE LONG LAKE MN 55356 38 04-117-23 42 0003 026" FOX ST 0 D SCHIPPER ETAL DAREL D SCHIPPER 2690 FOX ST WAYZATA MN 55391 38 04-117-23 42 0006 02760 FOX ST MINJETOFJKA ALANO GROUP INC MIlOJETONKA ALAND GROUP 2760 FOX ST LOtIG LAK: MN 55356 38 04-117-23 42 0010 02620 FOX ST THEO WANGENSTEEN JR TRUSTEE G JAY A T L BUHRER 2620 FOX ST WAYZATA MN 5F391 38 04-117-23 42 0014 02785 WHITE OAK CIR J A L 00'JGAN JOHN F i E LYNN OOUGAN 2785 WHITE OAK CIRCLE LONG LAKE MN 55356 38 04-117-23 42 0017 02780 WHITE OAK CIR R A J KLING RICHARD A JOAN M YLING 2780 04ITE OAK CIRCLE LONG LAKE MN 55356 38 04-117-23 42 0020 02720 WHITE OAK CIR CHARLES M KELLEY CHARLES M KELLEY 2720 WHITE OAK CIRCLE LONG LAKE MH 55356 RUN DATE 08/15/84 BATCH 002 38 04-117-23 42 n021 PROP ADDR 02700 WHITE OAK CIR OWNER NAME ROY F RASMUSSEN ET AL TAXPAYER ROY F A MARY LU RASMUSSEN NAME/ADOR 2700 W11ITE OAK CIR ORONO MN 55356 38 04-117-23 43 0003 PPOP ADDR 02675 FOX ST 0$44ER NAME STEPHAN G KASTER ETAL TAXPAYER STEPHEN G KASTER NA11E/ADDR 2675 FOX ST WAYZATA MN 55391 MOP ADDR CiAJER NAME TAXPAYER TOTAL BATCH 002 00024 NAME/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 04-117-23 42 0022 VAN EECKHOUT SLOG CORP VAN EECKHOUT BLDG CORP 15500 WAYZATA BLVD $1019 WAYZATA MN 55391 38 04-117-23 43 0010 02665 FOX ST D A B KUMLIN DENNIS F KUILIN 2625 FOX ST WAYZATA MN 55391 REPORT NO. P1435401 PAGE 4 38 04-117-23 43 0002 02765 FOX ST E A L STRICKLAND EDWARD E STICKLAND 780 OLD CRYSTAL BAY ROAD SO WAYZATA MN 55391 38 04-117-23 43 0011 02760 FOX ST MItOJETMIKA ALANO GROUP INC MINNETONWA ALAIJO GROUP 2760 FOX ST LONG LAKE MH 55356 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE Y ■'i r 33 • L `'�r , p, Rs 0 136 63�S� • Lot ' s A i425 to E.,t 33o � ♦29Bj Last N 160 '1 ' 1 0 F � NO. ' k 3=� sc9 � z O I 1 O M � r C3� f o� 2291I 7) N . Lot 23 'J 1 �M� Cs) � 1 1447 J! Mew ' N ` � u N r I C r 3 391, 85 E.31 C �oL-A 23 doll LD j LOT 21 4 LOT 20 0 +�. J1 1) c Z' F f 300 =3< 1 of Tracts 8 and C. Registered Land Survey No. and Lot 19, Auditors Subdivision No. 229 1340 33' 33 m I 133' 33' of Tracts Band C, Registered Land Survey No. 1340 and Lot 19, Auditors Subdivision No. 229 D I" .►es.e� d 30, =spN G 93 t ocrrs I I C_) Sws+ n• (fui/(�ii►y aeA6odc /e+es � 1 _ gar A et±+s�,ya I so t VIP!AAA i �• &pw&ddvdnq Goa -- .1 sir 1 4 Ir I y, e�a0ors9/� » ,I � 2ostec Fea I i A � I Y tiny legal descriptions: is B and C. Registered land Survey No. 1.140, files of Registrar of Titles. County of It. Auditor's Subdivision Number 229, according to the plat :hereof on file or of re 1e office of the Register of Deeds, Hennepin county, Minnesota. 'eby Certify that this survey was prepared by me or under •y direct supervision. and a duly Registered Land Surveyor under the lows of the State of Minnesota. Nark Gronbrrq Reg- No. 1 1 Inch 100 feet GORDON P. i Oif IN CO.. ►NC. August 2so k 1984 Ingineer% .Ind k4nd Surveyors Iron �t�n� EASEMENT PURCHASE AGREEMENT WHEREAS JUDITH A. ROGOSHESKE and GEORGE C. FUNK (hereinafter the Buyers), are the owners of the certain property known as TRACT C of Registered Land Survey No. 1340; WHEREAS, VANEECKHOUT BUILDING CORPORATION (hereinafter the Seller), is the fee owner of the certain property known as TRACT I of Registered Land Survey No. 1447; WHEREAS Buyers are interested in subdividing their property including that ACT C, and as that tract abuts Seller's property, TRACT 1, and TRACT I is a -nary access road for entrance to and exit from the property to be subdivided by -Ayers; NOW, THEREFORE, for $1.00 and other good and valuable consideration the sufficiency of which i-. hereby acknowledged, the Buyers agree to purchase, and the Seller agrees to sell, a permanent utilities and access Easement over Seller's property known as WHITE OAK DRIVE, and legally described, as TRACT I, Registered Land Survey No. 1447, situated in the County of HENNEPIN, State of MINNESOTA. The Easement shall include an easement for all utilities, including gas, electric, water, cable television or other such communication cable systems, sewage and drainage, and driveway and access easement for no more than three separate parcels on the adjoining property now owned by the Buyers. Buyers and Sellers agree that the price for the Easement shall be: $2,000.00 for each parcel of land, if three parcels are developed; or $3,000.00 for each parcel of land, if two parcels are developed. The remaining amount to be due and owing on the purchase price of the easement shall be paid at time of sale of any such parcel or no later than August 15, 1986. In the event that the property is unable to be subdivided as anticipated, and Buyers do not otherwise exercise their rights to purchase said easement, this agreement shall be null and void on or after August 15, 1986. The Buyers agree that upon full payment for the Easement, the Buyers, or their assigns, shall assume their pro rate share in the cost of maintenance and improvement of WHITE OAK. DRIVE. It is also understood and agreed by the parties that a portion of the purchase price of said Easement shall be use for maintenance or improvement of WHITE OAK DRIVE at or about the time purchase is completed. This Easement shall run with the land and shall be binding un and shall enure to the benefit of the parties hereto, their heirs, successors or assigns. The parties hereto, in acknowledgement and acceptance of the above agreement and the sale made thereby and the conditions expressed therein, hereby execute this dogument. II r p DATED: harl� V Eeckhout, President eorge C. FJnk Van EeckHout Building Corporation o SELLER �{ n Judni Rogosske F : BUYE1 3 G er 4 Statement of White Oak Circle Homeowners to Orono Planning Commission - 17 September 1984 Re: White Oaks Overlook, proposed subdivision for George C. Funk and Judith A. Rogosheske of Tracts B and C, Registered Land Survey No. 1340 and Lot 19, Auditors Subdivision No. 229. The undersigned residents of White Oak Circle have certain concerns regarding the proposed development of additional building sites on White Oak Circle. Water Drainage Regrading of the proposed property may affect water drainage. A serious problem already exists in the rear of the Dougan and Marier properties on the south side of White Oak Circle. At the time of the spring snow melt and after heavy rains, water crosses underneath Old Crystal Bay Road to the rear of the Dougan property, ponds there over approximately a one acre area and flows across the Marier property to the marsh south of the Marier property. Currently, the surface flow comes near to both the Dougan and Marier septic system drainfields. The situation became so bad in May of 1984 that the water table rose above the level of the Marier drainfield. During an attempted pumpout of the ,:rainfJeld, water was actually observed flowing from the drainfield into the Marier distribution box. Accordl.gly, we are very concern- that any changes to the land which m iy accompany construction may adversely affect water flow by restricting drainage. We request that the Planning Commission .ot permit any changes to the water flow because of the propose l development. Also, we request that an inspection of the water flow in the proposed development be made after constructs -ni of homes by a professional engineer. We propose that if, in his opinion, any Impediments to the water flow were created r; a result of the development, they be corrected before occipanc,y permits are issued for each house. The then -current occi.pants of the Marier and Dougan houses will hire the engineer and pay his fees. 2. Parking of Contractors' Vehicl,_s During the construction stages of the three buildings, we expect that there will be nearly continuous parking over extended time perinds by contractors' vehicles at the south end of White Oak Circle. These vehicles will represent a hazardous nuisance. We request that the commission require that contractors' vehicles he parked off White Oak Circle and on the construction site property. 3. Stress upon White Oak Circle drive due to heavy construction equipment traffic. a. The homeowners li, Qd/signing below have assumed responsibility for mp :fining and repairing White Oak Circle ever, though the drive is owned by the original developer, C.E. Van Eeckhout. We have, in fact, spent $6,400 to dale, in repair and maintenance of the drive. We have also contracted each winter for snow removal. Therefore, we consider White Oak Circle "our drive" even though it is owned by the original developer. b. There is an Fasement Purchase Agreement between the developers, George C. Funk and Judith A. Rogosheske, and C.E. Van Eeckhout, owner of Track I - White Oak Circle. The purchase price is $6,000 for an access and utilities easement. We have experienced damage to the drive in the past by heavy construction machinery being hauled over it. That damage prompted the repair and maintenance cited above. We request that the commission request the subdivision owners to provide a "construction road" on the south side of their property, allowing heavy equipment to pars in and out directly from Old Crystal Bay Road without using the White Oak Circle drive. In the event this is not done, we request that the commission require the $6,000 purchase price of the easement be set aside in escrow to repair whatever damage may result from contractors' use of the street. We also request, in the event heavy construction equipment traverses White Oak Circle drive, that the normal and usual Orono city restrictions as to load limits on city streets in the spring and fall also apply to White Oak Circle. 4. Possible Extention of White Oak Circle The present White Oak Circle ends in a cul-de-sac. There is currently a 60 foot road easement which is an extention of White Oak Circle between Plat 4 and Plat H. In the event that this easement is to be used as an access road to any of the developed property, we request, than it be constructed to the same road standards as White Oak Circle and not to ordinary "driveway" standards. The topography of the land, the existing road layout and the present homesites' locations, are such that a simple "driveway" would detract from the beauty and character of our neighborhood. We therefore ask that the present road standards be maintained if White Oak Circle is to be extended past, its present end at the cul-de-sac. Residents of White Oak Circle \/ ` .,rye °•� � / " � t:c, �` c,�i�C2i n - „ v • 9 770 A /,, " � t - - a COUNCIL MEETING To: Council Members O C T 15 1984 CITY OF ORONO From: Michael P. Gaffron, Assistant Zoning Administrator Date: October 11, 1984 Subject: #861, Steven Pauly, -980 Dahl Road Variance Zoning District - LR-lB Application - Construct decks and addition for existing house within 75' of lakeshore. List of Exhibits: Exhibit A - Application & Letter Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Plans for Addition Exhibit F - Planning Commission Minutes 9/17/84 The applicant is requesting to reconstruct the greater portion of the house, with proposed additions to the southeast end and a deck along the lakeshore facades. Please read applicant's memo re: hardship and request. The proposed addition would extend the e::isting lines of the house within the lakeshore setback zone, increasing hardcover in 0-75' from about 6% existing to about 9%. The property includes about 2 1/4 acres and about 600' of lakeshore. At the closest point, the proposed decks would appear to be about 28' from the shoreline. Q=Z�' Hardcover (+/- 38,000 s.f. area in i►-75' ) Proposed decks 850 s.f. +/-;> (125O s. f . = 3%) Proposed Proposed addition 400 s.f. Existing House 1400 s.f. t2260 s.f. 6%) Ex 4-ing Shed 120 s.f. +/- Boat house 24►_► s.f. Gravel drive 5�►ti s.f. +/- Total 9% ZZrZZQ_ d&CdQQYgr Garage . 540 s.f. Paved driveway - 2500 s.f- Gravel driveway 5,000 s.f. +/- Total +:'- 8,000 s.f. - 13% (+/- 60,000 s.f. area in 0-75') Note that this property recently went through a subdivision which was never finalized. The current owner plans to keep this as a single piece for the time being. Disregarding hardcover setback zones, the overall hardcover on this property is about 11%. At their September 17, 1984 meeting, Planning Commission recommended in a 4-1 vote to approve the proposed variances, with the hardships noted as the location of the existing houses and the steep slopes. The minority opinion is noted in Exhibit F. Does the Council wish to consider having the applicant remove either of the accessory structures near the lake in compensation for the increases in hardcover-` A resolution is attached. CITY OF ORONO lbv` VARIANCE APPLICATIO# Application Fee $100.00 After -the -Fact Fee $200.00 ------------------------------------------------------------------------- PROPERTY LOCATION /� JJ Site Address 3` 80 Do , %ROUL4 Property Identification Number (P.I.D.) 08/173-3-130001' Please check one -- Is the Dronerty &'/ abstract nr tnrrPnA? Please attach legal description to application if not included on required survey. -------------------------------------------------------------------------- APPLICANT n 1''/q,,Ly Phone l�f -�/J,�-q6.4 Name ��?��_ Mailing Address 398o f)A(%/, [Q&, %jtpc,w�, S536� -------------------------------------------------------------------------- OWNER Name /� U�t �/+�a.� Phone Mailing Address Date Property Acquired ?(month/year) I �)Eonot) also own the adjacent c.:i-cels of land. -------------------------------------------------------------------------- PRESENT USE OF PROPERTY = . 3 -IJ54 Present Zoning District ; !` �.L7 ' 11' Present Use of Property L._Residentia1 , Other (specify) -------------------------------------------------------------------------- IUESCRIPTION OF REQUEST Estimated Construction Cost $ /60.0c'O Describe request in detail: -------------------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Widthy Hardcover Setback Variances Front Side Rear) Other lover 1 HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: -------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: -------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certif ied Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603Government Center 348-3271) 3. Stamped, legal sized envelopes ( f10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey.- 5. 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 pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signatu Date 8 a� OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto they property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. a� Owner's signature Date Applicant must have all submittals into the City offices 25 daya before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. VARIANCE APPLICATION Site Address: 3990 Dahl Road, Mound, MN Applicant: Steve Pauly HARDSHIP As the Topo map dhows the existing house at its closest is approximately 40' to the edge of the lake. The North wing and the proposed new South wing will be approximately SO' from the lake. The hardship that exists: A.) That the house cannot be built back because of the driveway directly behind the house. B.) The steepness of the hill, next to the driveway, would require extremely high foundation and unuseable entrances/exits from the house to the lakeside. C.) Rebuilding on a large portion of existing foundation and extending South with a new foundation allows the house to be built up... not out. R EMES'" A.) The existing house, with the exception of the North wing, will be leveled to the foundation. The leveled portion of the house will then have its foundation extended up an additional 3 courses of blocks or 24". A new foundation will be extended out and South from the East wall of the house. The Fast wall being the lake side of the house). The new foundation area will turn West to the driveway area, then North to intersect the existing foundation. There, also, will be a small footing area extending slightly into the driveway for the entrance area into the house. A deck will be installed on the lake side starting at the North wing and running parallel to the house. At the S.F. corner it will widen and turn west at the South side remaining wider there, rather than the deck extending toward the lake. 1 \ % 13 l ~ \ 14 owe, 3S42....+, �i,, \ • — — • DAHL 11199 RD ti (MP) (4410) ex.tformerll lots 1.Z.3.32-.W4-5 port of v e street l 55oMc 410 \ ` �i,t — LOMA LINDA=AVE lii \ 96e1 q,A .5 L� -1 N 31 30 29I 2 27 26 •. �.t1- J t• ` N) . 2 zeg? 2 Z % zs l�r 9 (VD) s r .10 - — - - f`F :�+ i :� ,...,�• AM INDA `-- � __.�` t �1 � � Ile .✓ t w So 1K-. � Ii`Isil / Ile Ir All - --tip 30 � �'�lt�� --,� •. �. 83 OCT 2 o F w �Z ti c i _CITY' P,�-: C:.TE C'4/26/83 O BATCH 002 38 07-117-23 11 0020 PRCP ADDR 04060 DAHL RD C1:::ER NAME J A J NEVE JP t TAXPAYER JAM,ES P NEVE JR NAME/ADCR :060 DAHL RD MUM MN 55364 38 07-117-23 14 0001 _ PROP AOOR ;-l"b;NER NA"E R A B HAAPALA TAXPAYER RCSEPT J HA.APALA NAME/ACC- 2733 1 YRC;lE LA r.Ol7:0 MN 55364 J , . 36 07-117-23 14 0004 PPCP ADDR 01C00 LOttA LINDA AVE C•"i_R NvIE ELI2AEETH DANIELS ETAL TA:PA�ER ELIZ-EETH DANIELS N; V'!/AOCR 1000 LOMA LINDA AV MOU40 Y4 55364 38 07-117-23 14 0055 PPCP AOOR 01034 LOMA LIt1DA AYE N-':ER NAME R A J NEGG TAXPAYER RCSER A HEGG NaME/ADDR 1034 LOMA LINDA AVE MGU:zo MN 55364: 36 08-117-23 23 0005 PROP ACOR 01056 LOMA LINDA AVE C• :ER Nt'!E CONALD D EAEBERG A WIFE TAXPAYER CONALD 0 EKE&ERG NA."E/903R 1056 LCMA LINDA AVE r=No MN 55364 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OMNERS LIST 38 07-117-23 11 0021 04040 DAHL RD JCHN L LEPPLA A WIFE JOIN L LEPPLA 4040 DAHL RD MOUND MN 55364 REPORT NO. P2435401 ' ---- - — _ PAGE 2 38 07-117-23 11 0022 04030 DAHL RD x'JON M NELSON J04 M NELSOA 4055 DAHL RCAO MOUND MN 55364 / 38 07-117-23 14 0002 38 07-117-23 14 OJ03 04025 DAHL RD 04035 DAHL PO OQVILLE S"t-9"E HYLLIS W JACK tf-G*IrE5 K1� cif, �• �:n i ARY L DACK \ 4025 DAHL ROAD 1 4035 DAHL RD GRONO KN 55364 MOUt:D r:N 55364 38 07-117-23 14 0006 0102o LOMA LINDA AVE GOPDON K DEHEIIMER ETAL RALPH 5 KNOX 1029 LOMA LINDA AVE MOUND MN 55364 38 07-117-23 14 0056 01030 LOMA LINDA AVE W D ENGELKINS ETAL LEE A MARGARET HOPKINSON 1030 LOMA LINDA AV: MOUND rw 55364 38 Oe-117-23 23 0006 01058 LOMA LINDA AVE FEPNILO H PARTEN ETAL FERNA-0 A HELE11 PARTEN 1058 LOMA LIr1DA MOU`:0 MN 55364 38 07-117-23 14 0 01025 LC::A LI:ZOA AVE AXEL E SEEGER ETAL LA VCNNE SCRENSCN 1001 LOMA LIt:]A MOUND t:4 55364 33 08-117-23 23 0001 03980 DAHL RD H W ME454ER H W YCAGH:R GOX 66 NAVARRE YN 55392 38 08-117-23 23 0007 01066 LCNA LI`fOA AVE JA::ES M FLATZ L WIFE J."• M FLATZ 1066 LCr:A LIr:]A r.CU:1Q VN 55364 38 09-117-23 23 0008 38 08-117-23 23 0009 33 08-117-23 23 0019 PPOP ADDR 01074 LCMA LINDA AVE 01082 LOMA LINDA AVE 01135 LO':A LINDA AVE C.'4_R NAME R K MATTSON ETAL J A H LASCtiUK G L C K02U_CH TA•";.YEP ROGER K MATTSCN JOHN LASCHUK DANIEL M JYc Nt.r'E tCCR 1074 LOM. LIKCA AVE 1032 LONA LINDA AV 1135 LO::A LINDA AVE S MOL!r:0 r^1 55354 MOUND MN 55364 r.]L:'] 11,11 55364 D 19@19OMC� OCT 20%3 CITY OF ORO P:Jt1 DATE 09/26/83 @ATCH 002 33 C8-117-23 23 0020 caC? A00R 01127 LOMA LIr:OA AVE -..'._R NAME K H WEBSTER ETAL TAYpAYER KErNETH H WEBSTER NAIIE/ADOR 1127 LO:lA LINDA AV Y.000 MN 55364 3" 08-117-23 23 0024 PROP ADOR J1033 LC71A LINDA AVE .:`;E2 NAME R N SA►OLER ETAL �1 TAVrAYER R M SANOLER r._nE/ACOR 1038 LCnA LINDA LANE MC*-74 MN 55364 HENNEPIN C004TY PROPERTY INFORMATION SYSTEM PROPER-Y OW4ERS LIST 33 08-117-23 23 0022 01045 LOMA LINDA AVE SONJA M GRAVEIISTEIN SC14JA 0 GRAVENSTEIn 1045 LOMA LINDA AVE MOUND MN 55364 38 08-117-23 23 0025 01040 LOMA LINOA AVE ROBERT A HOLZINSER ETAL J� R05ERT A HOLZIIJSCR 1040 LCMA LINDA AVE \ MOU':0 MN 55364 i REPCRT NO. P243S401 PAGE 3 38 08-117-23 23 0323 01035 L^t1A LINDA AVE PC�_7i J LICF_3S 6 UIFE ALEE':TO VICTA 1035 LONA LIl:0A AVE MOUND fit., 55364 TOTAL BATCH 032 00023 I CERTIFY THAT THE FACTS REPRESENTED ARE All ACCURATE A>tD TPUF REPRESENTATION OF INFORMATIO4 AS IT APPEARS THIS DATE CN THE RECCPOS OF THE HENNEPIN COUNTY DEPARTMENT OF PROP TY TAXATION. TO THE BEST OF MY KNOWLEDGE AKO BELIEF. DATO by / �w II Certificate of Survey for Howard W. Meagher estate shoving proposed subdivision i:: Cvvez. nt tot 4! Section e-L17.23 HMI.rI.1 � �O _ QPW r.. \�~Per— col , o f� i J, Aly! T O r ll/ 14 Tor 4! va♦ I 1 hf:r••hy cortirp t`:'.t. tris .. 11 tn: rcrvirt. rapre- c4ru tt or, r;f is 9t.7•v r.V ()f U. t.�l.' ".iTi '3 Itr •"ht -,..-t ,1' II .,nvjrrr__:rt l,ot Se�t!�r. F "-t.r.yh'_� 117 Vort'^., Roneo 23 1:art n' the 50. Pr:nvify,: tying Worth or the North ti:w '-)f t*•: pi ,t fr [o-n :rode, :' a !^retlnn "r I11 "Ist- inC building! n. It. ar,oa rat :r,rttort 1,1, �w r ;:. r•.�. cr.:•. nr •rr•r.v.r ..r,-rA f, ex- Vt '!tin r.?rroY! :•r.t.. Ir f .. {nT 0' ny/, t :ry driv•!wuys. Sea10 1" = ltix" Ir(.r :arkur w,HUCHr. H. COOFFV�CO., Irr Coffin MttrK :.. �r•nL!•r;: C. Land 'A•.rvs•ic•r_- and PlLmin t :ronr :�.R , ltinrwnotr► q73 D ,� 0920m 1�� L CITY Of 0 -------.-..�v.. ..uuai..V •.ULV -1 & 1L./'IVL(\ L I , 1104. rAtar. `i 1858 ROBERT HOWELLS Adams moved, Sime seconded, to recommend approval of the lot area and 25' road setback variance to build a new home on 1448 Park Drive subject to the following: 1. No access off County Road 19. 2. Quit claim deed over travelled roadway and shoulder to be confirmed w'.th City Engineer and Public Works Coordinator. 3. Easements over portio,.s of mun _ipal sewer not in dedicated right-of-way. 4. Payment of $225.00 sewer plant charge. 5. Existing cabin is a noyi---onformi nv sLruccure and subject to all pertinent jrdina nLes. 6 Waive park fee in recognition of the land area that was lost due to road right-of-way. Motion, Ayes (3), Nays (2). Kelley and Callahan voted nay. Kelley and Callahan felt that the non- conforming cabin should be removed. McDonald noted that the cabin is used for storage and that it is structurally sound. #861 STEVEN PAULY 3980 DAHL ROAD VARIANCE PUBLIC HEARING 9:55 - 9:56 PM Steven Pauly was Present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. There was no one present from the audience for this application. McDonald noted the hardship as the steepness of the land. Kelley noted that there is an increase in hardcover. Adams moved, Sime seconded, to recommend approval of *he variance to Steven Pauly at 3980 Dahl Road for the construction of decks to the existing house within the 75' setback line of the lakeshore allowing a 3 percent increase in the 0-75' setback zone, finding severe slopes on the land and the original house and foundation are situated within the 0-75' setbacx zone. Motion, Ayes (4), Nays (1). Kelley voted nay. Kelley felt that the slope in the 0- 75' setback zone is not a sufficient hardship. Kelley stated that the hardcover is too high on the property already in the 0-75' setback zone. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 i 2 - FILE i861 WHEREAS, Steven Pauly (hereinafter "the applicant" ) is owner of the property located at 3980 Dahl Road within the City of Orono (hereinafter "City") and legally described as follows: That part of Lot 4, Section 8, Township 117 North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at meander corner between Sections 7 and 8, Township 117, Range 23; thence South along line between said Sections to a point where a lir,�- running East at right angles to said Section line from same to shore of Lake Minnetonka will include 2 acres off North part of Lot 4 said Section 8; thence at right angles East to shore of Lake Minnetonka; thence Northerly along said shore to beginning, 2 acres; (hereafter "property"), and WHEREAS, the appl icant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and 10.55 Subdivision 8, to permit the construction of a decks and an addition to the existing house 28 feet from the lakeshore where a 75 foot setback is required, and to allow an increase in hardcover in the 0-75' foot setback zone from 2,260 square feet (or 6%) to 3,510 square feet (or 9%) where no hardcover is allowed. NOW, THEREFORE. BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was revs 3s zoning file #861. 2. The property is located in the LR•1B Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 17, 1984, and recommended approval of the proposed variances based upon the following findings: a) The existing house is located almost_ entirely within the 0-75' setback zone and it would be a hardship to the owner to move the entire structure in order to meet the setback and hardcover requirements. b) The steep slopes at the house site constitut hardship to the property. City of ORONO RESOLUTION JF 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 applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary tc preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above f indings, the Orono City Council hereby gran,:s a variance to the Municipal Zoning Code Section 10.22, Subdivision 1 and 10.55 Subdivision 8 to allow construction of decks and an addition to the existing house 28 feet from the lakeshore where a 75' setback is required, and a variance to Section 10.22 Subdivision 2 to allow an increase in hardcover in the 0-75' setback zone from 2,260 square feet (or 6%) to 3,510 square feet (or 9%) where no hardcover is allowed, subject to the following conditions: 1. Applicant is hereby advised that the City will not approve any future improvements that result in additional hardcover in the 0-75' setback zone, and that if such improvements are proposed that they be counterbalanced with the removal of existing hardcover. 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within -)ne year of the date of Council approval, or this variance will expire on that dale (October 15, 1985). City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. Violation of or non-compliance with any of the terms and conditions of this variance shaII istitute a violation of the zoning code, shall automat' }terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and hereby dgrees to the terms of this resolu'- ion and on behalf of himself, his heirs, successors and assiy,js, here► -orees to the recording of this resoluticn in the chain of of the property. Adopted by the City Counci 1 on this 15th day of October, 1984. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor (1) Property Owner 2) Property Owner (3) Property Owner C. COUNCIL MEETING OCT 15 196-1 To: Counci 1 Member, CITY OF ORONO From: Michael P. Gaffron, Assistant Zoning Administrator Date: October 9, 1984 Subject: #862 William Bowman, lr> Willow Drive South - Variance Zoning District - kk-lb Application - Detached garage setbacl variance List of Exhibits: Exhibit A - Application Exhibit B - Plat Map Exhibit G - Property Owners List Exhibit D - Survey Exhibit E - Staff Sketch Exhibit F - Planning Commission Minutes 9/17/84 The applicant is requesting to locate a detached garage 27.8from Watertown Road where the front lot setback is 50'. This is a corner lot, hence the "front" setback is required from each road right-of-way. The proposed detached garage is an accessory structure and would normally have to be placed behind the front line extensions of the house, limiting it to an area to the Past and south of the house (Exhibit E). The existing driveway access is from Willow Drive, c-rid this will not change. :l large hedge acts to screen the proposed garage from Watertown Road. Visual impact would be minimal. The proposed location would tak:e advantage of the existing driveway apron. Planning Commission at their September 17, 1984 meeting recommended approval. noting that the proposed garage location would eliminate the need to remove a number of mature trees or, the property, and the proposed location would be efficient for ingress and egress purposes from the existing driveway apron. Staff recommends approval per the attached resolution. CITY OF ORONO VARIANCE APPLICA ---------------------------------- PROPERTY LOCATION Site Address I C, ,S• L 1 L',-uW Dk • -_ Ar, Application Fe $ 00 AO After -the -Fact a $200.00 ----------------------- ---- ;- y- ----� E, 40�—� Property Identif ication Number (P. 1. D. ) 03 - ((7- a3 7 2 -yy (J Please check one -- Is the property abstract or %/ torrens? Please attach legal description to application if not included on required survey. --------------------------------------------------------------------- APPLICANT n Name �lL-•�P� _S. 31�M�N Phone 4-T 3 Mailing Address 10 5 . L3 i 1-L-':Ll' .ti . L- C) fv ( �-�� K�= s� 3 6 -------------------------------------------------------------------------- OWNER Name Phone 4-73- o;', Mailing Address IU S• l�►�I..L���IJ �`�-L�A1G �--� 5�35�. Date Property Acquired 1q S;L (month/year) I (do) (do not) also own the adjacent parcels of land. f; ---------------------------------------------------------------------- 1 PRESENT USE OF PROPERTY o (J 1 4 1r Present Zoning District Present Use of Property Residential Other (specify) -------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: -------------------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot width Hardcover Setback Variances ( Front Side Rear) Other # -",..- , HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulation,: Cam•{ SA-1-c ► l-" -------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual Requirements: _— roperty conditions preventing compliance with Zoning Code nP1c= ^��1 •�� 1��1!c)(�=fi �f.` i�C wit=1,1�`.��•��_:i� 1C' 12 -- -- `'�i-C- I,: U��� ��`�_.i .� � C-RG�-ftJ��i'•�• OF �11- �L-L-�'1 P���`511Q7 _► ���1�� -- ------------- - ------ -- -- - - REQUIRED SUBMITTALS $ WWI Completed Application Form. ,,2! Certif ied Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603Government Center 348-3271) ,,a! Stamped, legal sized envelopes (110) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. v ' 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 pay all fees and/or unusual expenses incurred in review of thi s application, and certif ies that the information supplied is true and correct to the best of his/her knowledge. _ •,/ 11, Applicant's signature L �C T 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 reque t. Owner's signature Date -------------------------------------------------------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meetinq. Planning Commission Meetings are held on the third Monday of each month. °lot .153M �:(01 ' y11 t` VZ Si t t 9[ Z I m 04111 pN of zr�--� �N01 £1p tspp o,Z ss st 14 1 10' LF 06F #4 -p#pG#S 06F ff a 8 v ' 01 ., N n ! ;rh 464u 6f/// 06F 06£ w use `:al � n (.Fa) dl NIA30 `V 0 ' �, v /9 ror �r r .1 :8/[ 198"3 of 06F 'w w .5 L p4 Os06F 9 A bS 0O •qj I (L�� .�. ( 9/) �O Ab /0 00 Z d s�00! icnino 9 sl �e•dl �{.v5 % i St 6BS f Y r`s 91 Lpf bOZ uui 'a ..��tt� • I C it N /Of ALV 0z nc I tt �, y,- •.• �t) � � z .. C sT try to US) to (01 _ r r 04 ►1 Z1 !I • ems}. tsc� 11 ° �'� c><� 's, Ado vz /of (ssl C • do 'A AIJ7, ON all e � ATE 08/23/84 007 38 03-117-23 22 0010 PROP ADDR 00010 WILLOW OR S OWNER NAME WILLIAM S BC1hAN ET AL TAXPAYER WILLIAM S BOWMAN NAME/ADOR 10 SOUTH WILLOW DR ORONO MN 55356 38 03-117-23 22 OOIS PROP ADOR 02325 WATERTOWN RD OWNER NAME KELLEY A KELLEY INC TAXPAYER KELLEY A KELLEY INC NAME/AODR S WATERTOWN RD LONG LAKE MN 55356 38 34-118-23 13 0004 PROP AOOR 02380 WATERTOWN RD OWNER NAME WILLIAM E MARTIN TAXPAYER WILLIAM MARTIN NAME/AODP 2380 WATERTOWN RD LONG LAKE MN 55356 PROF ADOP OW#FR NAME TAXPAiFR TOTAL SATCri 007 00009 NAME/ADOR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEH PROPERTY OWNERS LIST 36 03-117-23 22 0013 WILLIAM S KELLEY JR ET AL GEORGE A JACKSON A ASSOC 14150-23RD AVE NO PLYMOUTH MN 55441 38 04-117-23 12 0003 02645 WATERTOWN RD DICON OICON 21350 EXCELSIOR BLVD EXCELSIOR MN SS331 38 34-118-23 33 0057 02340 WATERTOWN RD P F A L M RUSCIANO M C A C B MC LAUGHLIN 2340 S WATERTOWN RD LONG LAKE MN 55356 REPORT NO. PI435401 PAGE 35 38 03-117-23 22 0014 02320 DEVIN LA J A J KIM JOON KYU KIM 2320 DEVIN LA LONG LAKE MH 55356 38 33-118-23 44 u03O 02400 WATERTOWN RD ROBERT C JOHNSTON ROBERT C JOHNSTON 1759 WATERTOWN RD LONG LAKE MN 55356 38 34-118-23 33 0058 02350 WATERTOWN RO D A L HALLIWILL DEAN MALLIWILL 1385 MAPLEWOOD OR LONG LAKE MN 55356 I CERTIFY THAT THE FACTS ^FPRESENTED ARE AN ACCURATE AND TRUE :REPRESENTATION Of INFORMATION '% IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COINTY DEPARTMENT CF PROPERTY TAXATION.f 0 TiE BEST Of MY KN0►1LEOGE AND BELIEF. DATE}-=��k 4 if fc w I Certificate of Survey for William Boorman -Ann McC;ourt in Lot 1, Block 1 Kelley 6 Kelley Division k/A rER rowq/ VOA,9 � a7 - �� ♦� E /4O i �/iwiw wlf f y. Bird. W I hereby certify that this is a true and correct representation of the boundaries of the North line o!' Lot 1, Block 1, Kelley b Kelley Divi- sion, and the location of a proposed building,, thereon. It domes not pur- port to show other improvements or encroachmenLs. Scale: 1" - 50' ':ONDON k. COFFIN CO., INC. Date 8-27-84 0 Iron marker r�_k /.r't-fin rdon R . [;o* or of of C Certificate of Survey for William Bowman -Ann McCourt in Lot 1, Block 1 Kelley & Kelley Division WA rER ror i.v R04 p (, AUG 2 9 M4 11� C Y OF ORONO 4 "C6 -;1- I hereby certify that this is a true and correct representation of the boundaries of the North line of Lot 1, Block 1, Kelley b Kelley Divi- sion, and the location of a proposed building thereon. It does not pur- port to show other improvements or encroachments. Scale: 1" = 60` CORDON R. COFFIN CO., INC. Date 8-27-84 o Iron marker kk R NN 1I55 ^for o R�rn �iTi ems: Ng:1606q GX� ,INUTES OF THE PLANNING COMMISSION MEETING HE:,D SEPTEMBER 17, 1984. PAGE 10 #862 WILLIAM BOWMAN 10 WILLOW DRIVE SOUTH (- VARIANCE PUBLIC HEARING 10:06 - 10:15 PM William and Anne Bowman were present. Anne McCourt was also present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. 1864 RICHARD KAIL 2915 CASCO POINT ROAD VARIANCE PUBLIC HEARING 10:16 - 10:44 PM Assistant Zoning Administrator Gaffron noted that the applicant requests a variance to build a detached garage. Anne Bowman noted that they want to save the mature trees that are on the property and that the proposed location of the detached garage is the most feasible location. Bowman stated that they would have trouble getting into the garage if it was located anywhere else. Kelley moved, McDonald seconded, to recommend approval of the variance (a variance for construction of detached garage outside of the building envelope -- front line setback) for a detached garage finding that this is a corner lot, the property has mature trees, and the owner would have difficulty getting into garage if garage was located anywhere else. Motion, Ayes (5), Nays (0). Richard and Carol Kail were present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Wayne and Doris Maxwell of 2917 Casco Point Road and J.K. Bowers of 2905 Casco Point Road were present f rom the audience for this application. Richard Kail submitted a sketch showing two possible locations for a detached garage, both of which would require lot line setback variances. Jinn Bowers of 2905 Casco Point Road presented a letter noting his objection to the variance. Bowers objected to the variance because the garage would block the sun and would inhibit airflow from his bedroom window. Bowers noted that the noise and odors from the garage would be too close to his bedroom windows. Bowers noted that a garage could be built meeting the required setbacks. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5(B) AND SECTION 10.03 SUBDIVISION 9(D) - FILE 1862 WHEREAS, William S. Bowman (hereinafter "the applicant") is owner of the property located at 10 Willow Drive South within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 1, Kelley and Kelley Division (hereafter "property"), and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivisions 5(B) to permit the construction of a detached garage 27.8 feet from the side street where a 50 foot side street setback is required, and a variance to Section 10.03, Subdivision 9(D) to allow a detached garage to be constructed nearer the front lot line than the principal building. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as zoning file #862. 2. The property is located in the RR-113 Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this app]ication on September 17, 1984, and recommended approval of the proposed variance based upon the following findings: a) The proposed garage location will make efficient use of the existing driveway and apron. b) The proposed location will eliminate the need to remove a number of mature trees on the site. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. The subject property is a corner lot, and restricting construction of a detached garage to the normal accessc.ry structure building envelope would either cause the garage to be constructed an unusually great distance f rom the house and existing driveway, or would cause encroachment into the existing septic system and well locations. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable 13rdship or difficulty; is necessary to preserve a sub antial property right of the applicant; and would be in ke ping with the spirit and intent 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 variance to the Municipal Zoning Code Section 10.28, Subdivision 5(B) to permit the construction of a detached garage 27.8 feet from the side street where a 50 foot side street setback is required, and a variance to Section 10.03, Subdivision 9(D) to allow a detached garage to be constructed nearer the front lot line than the principal building, subject to the following conditions: 1. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must he exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 15, 1985). City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by th,.� city Counci 1 on this 151-Ch day of October, 1984. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor (1) Property Owner (2) Property Owner (3) Property Owner TO: FROM: DATE: SUBJECT: Walter R. Renson, City AdninistrltLor Orono Council Members Jeanne A. Mabusth, Zoning k(ininistrator October 11, 1984 1 COUNCIL MEETING OCT 15 ieaa C17Y OF ORONO Appearance of C.hu(7k Henke of. 3536 Lyric Avenue -Con cerni­j oortain Zoning ani luilding ^ode violations T.isT OF EXHIBITS Exhibit A - Temporary Cectificate of occup-jn(_-y Exhibit B - Contra,.t fc)r Deed Exhibit C - Homestead Application Exhibit t) - CnRG latter of 7-6-83 Exhibit E - Building Official's chronology of events Exhibit F - Zoning Administrator's letter Exhibit G - Building Official's letter Exhibit H - Citations At the request of the Mayor, I have reviewed the files on the property located at 3536 Lyric Avenue. The Mayor had received calls from neighboring pcopprty owners c!0nplaining that the current owner is operating an auto repiic bosiness. Crom his home. They aIso comp ained of the can clown condition of tie yard anal housee, questionincg wheth -r t.i:? house is liveable in it:; present state. On.: neighbor has talked to once of concern for the neighborhoo-1 children that play under the house a nonysi: the sup, ort blocks. after caviewing the Henke file and o'aserving the property for a few weeks, I as'lced permission of the City Administrator to schedule He:t'occe for in appearance before the Council. Brief review of the file on 3536 Lyric Avenue from May 182 to present. This next section will be a poor ani limited attempt at depicting for you a very heated and active two year exchange between Henke .arn9 the City staff. Read the Building Official's chronology (exhibit E) for more details. Please call staff if you have any questions r_onoecniny coJe rec7ca i remeot prior to the meat i ng. The property was originally owned by an 80+ year oli hermit. The house consisted of a single room that served as bedroom, bathroom and kitchen. The files contain picacures of th-_ str.uctucot prier toHenke's renovations. Upon the deathof the ariyinaIowner, the City initiated pro,:Pedings to decl.acc! the structure a hazardous building In May of '82 Henke appeared arc the scene and stated he was interested in the property. Asked the inspector if temporary repairs could be made to the structure so that he could live in it for a year when he would then tear it dawn and build a new home. A permit was issued to Henke in June of '42 to complete spNcific improvements for temporary use. in September of '82 Henke infor•aed the City that he planned to live in the house permanently and wanted to put in a woodburning atop. • I , "As advised of the need to install f.c»tings and foundation if .L wjs to be page 2 October 11, 1984 Appearance of Chuck Henke 3536 Lyric Avenue used as A permanent structure. I n February of 183, Henke signed off on a temporary Certificate of Occupancy (exhibit A) that required the following t-1 be completed: 1 - footings and foundation by Jtj>y 31, 1983 2 - ro -eplaced by July 31, 1983 Since thc-? temporary Certificate of Occupancy was issued Henke has had many meetings and "exchanges" with staff. The City agreed to extend the expiration of the temporary Certif icate of Occupancy in order to allow timfi for Henke to apply fora :nRG l3cint from the County. After_ many Ael-iys (exhihi t. O), Henke filed an application with the County and was elqnied because of unpaid real taxes clue on the pcop,frty since 1992. A fact tnat puts him in default of his Contract for Deed (exhibit A) but this is not pertinent to the City only to the estat,� oF. Richard Gilmore. Current status of t1V! property. 'Nothing has been done to the structure since Febcuacy ' 8 1 - at least not the cequi red improv*nents set forth in the temporary Cryrt i f irate of Oc:,:up,iocy. A3 ro c ipart-3 oI .aa auto reps i c op-:!ret ion, staf f has inspected this property twice a week since July of '34. We have found no visible signs of a commnerci-al operation. .staff has reported the following viotatioos: 1. Unlicensed van parked in rear of yard - now removed 2. As of 10-10-84, the f ield insp-m-ctoc reports the_ ycass it rear yarJ is -3r.ill 4 feet tall 3. As of 10-10-84, th:a inspector reports ;here .are nG unl.iooivi-3d or "junk" cars on the property. There have been 2 to 3 cars parked in the driveway area on the property off and on for the past two to three months Two weeks ago, I Asked the Rai lei ins Official to give me. a current up,i.ate on his dealings -4ith 1ie3nke. Jacobs advised that Nen-e-a still planned to cotv3i:rtr.*t piF±e footings but thdt *-ie a -Ad oo ;non-9y. Girants ire+ not avail.aal�� to canyon-i w'io refus•is to pay taxes. In fact, Mr. 4-enk.1 n.iy live for seven y,'.•.&r:i in ihi-3 `itructUr-- vii•1.hoot tying ilia t'3al ;!State taxes before the property is lorfNit. In review of the Inspector's chronology, Henke claims his back problems provent hi n fc,-).n doing the work himself. Jacobs was advised to issue the c,,:,:ctssary tags (review exhibits G and H). Council action No action is required of Council. I sujyest you listen L e and alvise staff to proceed with the enforcement of the RvAlo t this point, I would say enforcement that is well over ca,,.. You may also adivse Henke thAt Cn-incil has no authority to jrAnt variances to the performAnc-e zatand.ards of the ;Wildin-a Corte. Temporary Certificate of Occupancy p y upan y ClTVof ORO NO DATE APPROVED F b. 23, ' + BUILDING & ZONING DEPARTMENT SITE ADDRESS '535 t ; rir Avenuc P. I D. 17 117 23 _ OWNER _ h,-, ;,,:.•.l ,t nvc BUILDER L"I(" MAILING ADDRESS r Lv, nu: BUILDING PERMIT: NO. DATE ISSUED — THE FOLLOWING ITEMS ARE NOTED AS INCOMPLETE OR MISSING. THESE MUST BE CORRECTED OR COMPLETED AND REINSPECTED WITHIN DAYS OR THIS CERTIFICATE WILL BE VOID. FAILURE TO CORRECT Tt DEFICIENCIES WILL CAULE OCCUFANCY VIOLATION CITATIONS TO BE ISSUED. i iL' I HEREBY AGREE TO MAKE THE ABOVE CORRECTIONS AND TO CALL FOR REINSPECTION WITHIN THE TIME ALLOWED: OWNER/CONTRACTOR _ DATE START BILLING FOR: CITY WATER CITY SEWER ---- SEPTIC INSPECTION FEE BUILDING OFFICIAL WHITE OWNFRICN/TRACTOR GREEN BILUNGCLERK YELLOW C!LE V6611661 (ni tl,r.l i�� M.u.. Ir..., 1 .. "...... ..... 6 1 InA1tlArd `J.nAa, !•flan No. /'i-r'1 - ...,..,.woro IIIu.A. IN.....d.'.. �iisgrecnteitt, .�liidt ntltl ent,:rr,l ntir t,�i.< il„f August 1N.... 82 , by and briicern Mary Ellen Anthony A/K/A Miry L. 4nthony, single and Richard Robert Gilmore A/K/A Richard it. Gilmore and Audrey Stolen Gilmore, husband and wife part ies of the first kart, and .. Charles Lewis Henke. single , ................ ..................__.... _. ........ part y o) the second Part, Witneggetb. That the said parke8 of the first part. in. ;unsidrr...ion of the covenants and o jir,. - ►..ents of said part Y of the second part, hereinafter contaj,r,,l, he eby met.' and afircr to ront•r.,y unto said part Y of !ha second part, nis heirs and ussi?as, by a Warranty Dead, aeeompanisrl by an abstract cuidenein¢ Bowl title. -- exert of tl"• first part at the date or by an owner's duplirate certificate of ti.11e, upon the p.umpt and fuil trcrformance bit said part .nf :he second part, of his part of thin agreement, the tract _. of land, lyinf aped bri,._c in the t „_tity of Hennepin and .State of .fVitnesotu, described as follows, to-rrit Lots 19 and 20, Block 4, "Navarre Heights", according to the plat thereof on file or of record in the office of the Register of Deeds in and for Hennepin rLAtnty, Minnesota Subject to restrictiono, reservnttons and easements of record, if any. And said part Y of the second part, in consideration. of the premises, hereby aorres to p(ty said Parties of the first part, at a designated place as and for the purchase price of said premises, the sit,m of Fifteen Thousand and no/100--------- •--------------($15,000.00)----- ••--------------------------- ..... ...... ---- _-------- Dollars, in manner and at titne.s fn,'loivinit, to-tvit eeatrsh l.r l/oral Fortai No. 5,1-M �lal., Is.., 1.. AI..,., .,••1, I ladlvldad Whitt'or T..u,...... I,_ ...... t.,,a.. ,.a,a ,aa, lu u.�• IN. u.. J;-1,.t �CCC�IiC�lfr .horde and. enhtrrll illh, fhi.e 4 dart of August 111....82 , by and bt.evern Mttry Men Antliouy A/K/A Mary H, Anthony, single and Richard Robert Gilmore A/K/A :Uch.,•t, It. Gilmore and Audrey Stolen Gilmore, husband and wife part a+es of the ,list part, and Charles Lewis Menke, single , part y op the second part, Wit[Irfiattb, That the said parties of the first partt in wnsideration of the covenants and ste"s.- ments of said p., Y. of the second part, hereinafter contained, herellY •nrll and ofirer. tit r•onl•-u unto said part Y u/ the second part, nis heirs arid assigns, by a Warranty. Deed, accompanied, by an abstract er, !rneinfi fioxl title. in pxut of the first part at the dnt, hr,en; or by an oluner's duplicate certi/kate of title, upon the prompt arid full performance by said part of ilia second part, of his_.. ._ part of this agreement, file tract . of land, lyin; a,td brit,_+ in the County of Hennepin _ and aSttte. of .Vinnesotu, dose-ibed as folloaa, to -it it Lots 19 and 20, Block 40 "Navarre heights", according to the plat thereof on file or of record in the office of the Register of Deeds in and for Hennepin County, Minnesota Subject to restrictions, reservations and er— ments of record, if any. And said part Y . of the second part, in consideration of tiro premises, hereby a fines to pity r,ld parties . of the first part, at a designated place as and jor the purchase price of said premises, the sum of 'Thousand and no/100--------- -..---.----------($15,000.00)-----. -----------• ---- --------------------- Dollars, in manner and at tirnes follorvinfi, to -it -it.. $ 1,300.00 cash, receipt of which is hereby acknowledged; and $13.700.00 payable as follows: $1,400.00, or more, (at option of party of second part,, every six months beginning January 30, 1983 and $1,400.00, or more on July JO, 1983 and every six months thereafter until July 30, 1989 at which time the principal balance then remaining together with unpaid interest shall be due and payable in full. All unpaid b.lances under tnt.s contract shall bear interest at the rate uT 11% per annum to be computed every six months and included in said payment. Said payment shall be applied first to interest earned and the balance to reduction of principal. Interest to be computed from August 4, 1982 Party of the second part is to keep said property free from liens against parties of the first part interest until contract is paLd in full. Contract for Deed is to be paid in full when a mortgage is placed on property. (see reverse side) Said part..Y ..... ul the second part further cuacnamill , and aw,•s . A a, lulls,,., to pat. Lcfore pit, rt.cisr. desert,,, 1f2 all tatters due and payable ,n the your 19OZ.., and a •,til.-eyucul Nran, a J ail spveW edit art ul halr.ilai levied. ........... _........ _,.__.... _................... . ......_.......... ............... ...... _..._........... ... .... .. .................. also that any buildings and impruvements now on said land, or which shall here../. d, placed, or o:ade tit ara+•u, Shall nut be removed th-relrum, bwi shall be and re+nai, list properly •,f the park: live first part until u , e,... Intl shall be fully performed by the r-•t......y. of the second Lars, and .t......_.hia........ ,own expense, tv \erp ti.e Iau.IJ• iye on said prantses at all times insured in soma reliable ensurancr conyyny or eos.epamrt,, to be apprs,reJ 1.) list Part t11.. of the first Bart, against loss by fire for at loael the sum uI .__ .. ...... ........... ......... s.0 ficient..Go...caver indebtedrimalg. _ fa.list, • aaaiwst loss br windstorm for at leasl the sum of . ,....., _..............eu fit.i.Rtlt..Lp...CQYe.r. lR .eaCaOR eill._.._... •...... s 1 IA,llars Payable ro said paet..la8. of the first pan, . thair..........hevs or as,.i�ns, and, in rase a! hgaa, stteald Ihgna ha gar sat - pas aver and store the amount then own •and sari.. its u[ the tint `.all, ..— their. ......bein, or aaigws, the batarwe %!.ell he psi over to 111 ,old part.......% of !be eeeond part as . ^La 11 interest dish a "k ws:ll the parl.,.�BB ul the first pall palwier ^r said insurance, Rol should the aeeMd y.... ... I&J tut Ptwr. s ,� Mrs 'Ay say nag Mid by sod part. y...... under th• ,.t its hlirvof, saner may lie paid by first paniaa.... sad them be furthsrnh pay. Ilbla, with interests tlwr"", t an aa: :a!tmal emoting Jne i, rI Lilts seder this cunu.st 'f n, ab,+t;l,l. Peh•rb I,t ... , r, ;. v rare .+,.re..,l, br he Ey Insurance, pa, Or y...., parr, of .h aJD llcr .... ............ ovefail In pay the taxes or assessments upon said land ,prenmunts u insurance, or to perform any or either of the covenn said ants, agreements, terms or conditions herein contained, to tit by said reeond part...y..... kept or performed, the said ParL.iCyof the first part may, at. .-thpj,.f„ ....option, by written notice declare this contract cancelled and terminated, and all rights, title and interest part........Y.. shall thereupon cease and terminate, and all improvements made upon theq remired Is, nd all by said second hereunder shall belongto said P Premises, and all payments made part of the first part as liquidated Damages for breath of this contract by said second Par•..Y........, said notice to be in accordance with the statute in such case made and provided. Neither the extension of the time of payment of any sum or sums of money to be paid hereunder, nor a.,y waiver by the Part...191 of the first part .of....theisights to declare this contract forfeited by reason of any breach thereof, shall in any manner affect the right of said part ..leg to cancel this contract because of defaults subsequently maturing. and no extension of time shall be valid unless evidenced by July signed instrument. Further, after service of notice and failure to remove, within the period alfnw(,l by law, the default therein specified, said part..Y.... of the second part hereby sperificallr agree -A., upon demand of said part._tee, Of the first part, quietly and peaceably to surrender t...... them lion of said premises, and every Par! thereof, it being understood that until such default, said part-y ..... of the second part ................ i; .................... to have po!rrasion of said premises. Party of the second part is to present to parties of the first part paid tax statements annually. Party of second part has first option to buy contract for deed for $1.00 over the highest bid price should parties of the first part decide to dispose of same. ii�STRIiM1'. In the event that title is not cleared to the satisfaction of buyer's attorney within six months of date of this contract, thett buyer may retain an attorney to clear title to such attorney's a•itisfaction and deduct any amounts paid to such attorney from pa;rmants due under this contract. hin. to _ Charles Lewis Henke _ 1.t 3536 Lyric St. S. Orono, MN 55391 �rY en V nL on�y/— �.—i.�✓Hi.1r m.acnara Ro ert GI. Itoore LL Audrey Stalin Gilmore _9 L,.t�".CGi�ir 11T a arles Lewis Henke btate of A[ittneoota ) Coursfyo/ Hennepin ..._,.,, Mary Eller Anthony A/K/A Mary E. Anthony. single and The/urrAoir,,r inx/rrrrrrrw/ eras ,uknr,r,•/,•,l,r,•,l b,•/„re its, Richard Robert Gilfiore A/K/A Richard I/il• 4 rir,f/ v' August R. Ci'more and Audrey Stolen Gilmore, 82 husband and wife and Charles Lewis Henke, hof single NELEN A. NELSUN 227r tt 04KQTA C()UNrY LLC L<_..��� ��.Q,�•.1 LIr Cn*mtsto•t /�� .', [.pars .tt .0, 11R< r\tr."u•n or eraNN, •,►,VG V RY,rw/IIM:MI N1, svvrrtrY7vvwY�YrrwvmnrVvVVVVWE Notary Public THIS INSTRUMENT WAS DRAFTED BY rrrl„ ,,. 3FRMEL�ABY-- ti309 LYNDALL-AVE. SO. MYI.S., MINN. S5412 lAiars.f s -rs rs 4�so I a m Rx° +�t x cz see z e E r r' i, �• c � 1 IZI HC 225 REQUEST FOR HOMESTEAD APPLICATION :tunic: 3F Full Year. PID ���1 -7- 22 3 C bT Half Year 1qn ,Name: IL7jr,--1 addr:��) 5-3 Signature: Date owed In: Tel. 1-: ��91> Date: CONVEYANCE ATTACHED: Warranty Deed Contract for Deed Taken By: Torrens Certificate Other OFFICE OF PLANNING:_ & DEVELOPMENT C-235:3 Government Center Minneapolis, Minnesota 55487 •• HENNEPIN LF_U (b 12) 348-6418 July 6, 1983 Mr. Charles Henke 3536 Lyric Wayzata, MN 55391 Dear Mr. Henke: Last week Mr. Jacobs, Building Inspector for Orono, called to inquire on the status of your application for a grant. He in,,.icated you had sent in two applications. I have no record of receiving your applications. I have enclosed another application as well as a self-addressed envelope for your convenience. There are limited funds in the City of Orono, so it is ioiportant to contact me or return your application. If you have any questions, please call me at 348-1695. Sincerely, Ma�rLy�Alrine Hernandez ps Enclosures cc: Tom Jacobs HENNEPIN COUNTY n^ equal opporr,niry employer O: 1',alter R. Benson, City Adn-,inistrator FROM: Thomas J. Jacobs, Building official DATE: July 19, 1983 SUBJECT: 3536 Lyric Avenue - Condemnation 5 Building Repairs The following is a •-hronological list of what happened on the above subject property. May 2, 1982 - an inspection was conducted to see if buildings should be condem.ied (slip enclosed) May 5, 1982 - Police .eport - criminal dama(-,! to property. Abandoned house being used by young adults. ..ay 10, 1982 - Mr. Charles Henke came into my office askinc about the property and what he could do with it. I explained that the stru:ture was going to be coneemned and that the structure would have to'be brought up to code. He then asked if he could make it livable for the winter and remove iL and build a new house ;he following summer. I told hi', that his might be possible and that an inspection wou1,' De needed. We scheduled an inspection for the following day. May 11., 1982 - An inspection was conducted on the site to see what would have to be done to make the structure livable for about a year. 1) The finish ceding was cardboard. This would need changing as it would be a fire hazard. 2) Electric - must be upgraded. 3) Insulation and sheetrock walls and ceiling. Energy conservation. 4) A bathroom would be required with water closet, lavator;, and bathtub or shower. 5) Kitchen facilities are required. 6) New roof as there are three layers and c,)uld be leaking. 3536 Lyric Avenue July 19, 1983 Page 2 7) Install heating facilities. 4, 1982 - Mr. Henke came into the office and picked up a permit to remodel the structure. S::pt. 24, 3982 - Mr. Henke requested a framing inspection, some minor corrections were requested. Mr. Henke then told me that he was considering living in the structure and making it a permanent building and that he would like to install a woodburning stove. I explained, at this time, that he would need to install footings and foundation and a permit for the woodburning stove. Nov. 12, 1982 - A mechanical inspection was conducted "All Mechanical OK" Dec. 17, 1982 - An insulation inspection was conducted. Some minor corrections required. �a. 23, 1983 - A temporary Certificate of Occupancy was issued to Mr. Henke which he signed, With the following items to be to be completed:. " 1) footings & foundation to be completed by 3�:1;31, 1983. 2) Roof must be replaced by July 31, 1983. April 1, 1983 - Received a complaint from Orono Police Department that Mr. Henke was storing junk in the front yard and was burning without a permit_ This was inspected and confirmed. Mr. Henke was given until April 5, 1983 to remove the junk and was told that he could not burn on the property. June 10, 1983 - A complaint that filling and grading was being conducted on the property. An inspection conducted - I saw no problem with the fill - told Mr. Henke that a permit was required. July 5, 1983 - Mr. Henke called you (Walter Benson) claiming that it was unfair that I require him to install footings and foundation. You setup a meeting for 8:00 A. M., July 18, 1983. July 18, 1983 - Mr. Henke came into my office at 8:00 A. M. We discussed the matter and decided that Alan Olson and myself would reinspect the structure at 10:00 A. M. on July 19, 1983. As Mr. Benson was leaving the room, he noticed that Mr. Henke had set a tape recorder on the desk and it was running. . Mr. Benson shut off the tape and asked Mr. Henke what he thought he was doing by taping the meeting and not telling anyone. Mr. Benson told him tL at the action taken by him was illegal and that as long as the tape was running, we would not talk to him. Mr. Henke was waiting outside my 3536 Lyric Avenue July 19, 1983 Page 3 office for an inspection time. H- then again turned on the tape and was taping. After :-eceiving an inspection time of 10:00 A. M., July 19, 19E'3, he left the office. July 19, 1983 - Meeting on site with owner by Jacobs & Olson. Alan P. Olson asked owner to point out and describe all work he had done to premises since he bought it: 2 new entry doors, inside all sheetrocked, painted and finished, 2 new windows, new framing & expanded bathroom addition, new pluning, new furnace, wiring, new siding on front. Owner says $2,500 in material plus ,10-15 000 labor invested. No progress on four.iation or reroofing as he agreed on 2-23-83 when. he signed a temporary C.O. He has had a building permit since 6/82 and lived in house since Jamuary '83. He has 10+ loads of fill in back yard but still no grading permit as Jacobs asked him to get on 6/10/83. Says he can't install frost footings because he can't afford it. Says he mailed today his application for C.D.B.G. rehab funds (previously told.City he had done this quite some time ago). Henke was told that work he has done on building 14 substantial and is not temporary as he told Jacobs to get permit, and even if it was temporary, the frost footings are still required by state code. Henke said he would go to court to delay having to do anything. We toll him we didn't want to take anyone to court but if he refused to comply with code that is what would happen. We explained seve-al optionF he had for construction, including hand digginC frost depth pi(-r footings with treated lumber skirts and insulation. He seemed to like that idea better than full block foundation but then said he couldn't even do that himself because of back problems (yet he did all the other construction himself). He doesn't want to invest money in a foundation when this is good enough and better than sleeping in his car. He was told that code required the work be done and that if he couldn't do it cr didn,t think it was wor+' -e investment then he should sell the house to some_ ho would do what the code requires. He said he kno, better now that all he should do is a pairst- up cosmetic job and dump the place rather than spend money on a small building that isn't worth it. 3536 Lyric Avenue July 19, 1983 Page 4 Result: lie still doesn't want to do anything but I think he will do pier foundation if C.D.B.G. funds are available. He was left with this message: the burden is on him to have roof and foundation work done by 7-31-83 when his temporary C.O. expires, or to meet with Tom and provide a written request to extend the C.O. for a reasonable amount of time (90 days was mentioned) but this must be subject to some justification which would be a timetable for starting and completing the work. If he fails to do work or provide written request the C.O. will expire and he will be cited and/or legal action commenced to Dbtain code compliance. Work to be done: Reroofing entire house (except areas already reroofed by Henke) Frost depth footings and foundation either pier type or continuous. Crawl space insulated and ventilation Steps outside both doors Seal well pit Complete/cover exposed wiring Grading permit/grading & erosion control No walls or structures allowed in street r/w CITY of ORONO Post Office Box 66•CrystaI Bay, Minnesnta 55323•MunicipaI Offices On the Norlh Shore o/ Lake Minnetonka July 31, 1984 Mr. Chuck Henke 3536 Lyric Avenue Wayzata, MN 55391 Dear Mr. Henke: As I advised per our telephone conversation of July 30, 1984, the Orono Council has asked that you appear before them to discuss the completion of the required final improvement of your residence --deadline for completion July, 1983, per copy of attached temporary occupancy certificate. Council will also ask you to respond to reports that you are operating a car repair at your residence. On a site inspection of your property on July 30, 1984, at approximately 3.45 p.m., you were unfortunately not at home, the following cars were found parked on your property: 1. Pontiac EUM 426 - August, 1984 2. Chevrolet Pick up FMP 541 - November, 1984 3. VW Bus CET 698 - May, 1984 4. Chevrolet BKP 112 - May, 19'''4 None of the above cars list you as the owner, in fact, one appears to be listed as a possible abandoned car. You advised that you ar(. unable to attend the scheduled meeting of August 13, 1984, because you will be out of town. I agreed that we will reschedule your appearance before the Council at their meeting of August 2 i , 1984. I would suggest that if you wish to prepare a written statement for the Council meeting of August 27, please see that I receive it by Wednesday, August 22, 1984. Sinc. rely, Jeanne A. Mabusth Zoning Administrator ps Certified pc: Thomas J. Jacobs, Buildir.g Official Orono Councilmembers OLILUI\(, A /U\1\(, 47) 7)57 • ADMI%ISTRA.TION♦ FINANCt. - 47) 7)5a • YURK NUkFS 473 7354 ASSI G. CITY of ORONO Post Office Box 66•Crystal Bay, Minnesota 5M23e Municipal Offices On the North Shore of Lake Minnetonka September 21, 1984 Mr. Chuck Henke 3536 Lyric Avenue Wayzata, MN 55391 Dear Mr. Henke: In reviewing your tile, I have found that there has been no progress in completing the footings as required. On February 23, 1983, you requested that the City r Lve you a temporary certificate of occupancy. The City provided you with the temporary of occupancy permit under the condition that the footings and foundation be completed in July, 1983 and roof be replaced in Jilly, 1983. In July, 1983, you wt-re again approached by the City to get the work completed and you said that you had no money. At this time, the City tried to get you assistance from Hennepin County Planning and Development. You delayed in sending the application in and was not cooperative with them. I am writing this letter to inform you that you have not complied with the correction orders given and that citations are being issued for the following items: Grass and weeds over 6" tall per Orono Municipal Code Section 9.55, Sllbd 1 and 2. 2. Not installing the required footings and instead you have left the structure on concrete block piers without motor and without proper frost footing depth, per SBCit7Br, 2507(a). 3. Storage of junk cars and debris per Orono Munici�. l Code 950. YI It 01\1.l /II♦I♦t, 474 7)57 • AIIMMISTNA110%At II%A\(I 47) 7)S8 • Pt SLA Ml/NA1 1'111134 %SsfSS1\l. Henke Page 2 September 21, 1984 I am also writing this letter to inform you that the temporary certificate of occupancy is re'-,i:ked and will not be issued until all work has completed. This means that as of this day, 48 hours after the date on this letter, occupancy citations will also be issued. If you have any questions, please feel free to contact me. Sincerely, Thomas J. Jacobs Building official Ps Enclosure - citations pc: Jeanne A. Mabusth, zoning Administrator Nel Kilbo, Police Chief Tom Radio, City Attorney Michael P. Gaffron, Assistant Zoning Administrator UNIFORM CITATION N0. 384 - 046195 2 STATE OF MINNESOTA COUNTY OF HENNEPIN MUNICIPAL COURT '-s issuing coffical,omon states that tew oer,c^ ntlrtNd bebw COttlrnHted the pftlnle de,cltAed N1 VVISlrpn OI the ,KIIOn .ndKated ID IV,. • L-C Iw,L NiUw.LM -17 1T a.l _T �TTT• �.rl - • , IM f r10 ! rarOaN lZ -cc ., , cI 3� r r r rOVA•a Q, 2nTA 1I0 L.otai ♦♦ of ft.ved • Il♦ ratr. t+T W4.6Mt sea I r I T do- W191.ATIOM INI 0w tn.w �n�cle�n�o ■ n mommommommomm, mi 11 - Cc1C� , . I� AD?Ri . ■ P'll gel ro n, "a 0 1 n. 0 it I woommomm wpopm W-11 eq I I I "Ex I ' I mr-pontoa A _ 3 Moo ac•ll '0 rlSiFOnd t0 this Cttol10n Ind undfTStanh Ihal It I tall to d010 w11ttI InCtfasld pf^attlH will pf aSSIPSWd and a warrat.t wtll be 11Sufd Itp ov-041 11 a watta•+1 Is Issued• a womially At 1,30 will De added 10 the tine •[ilIAe.Ut*• 146ato-Yom/ SON Moo on IS IS Nonni • UNI-ORM CITATION Ntj, 046194 :TATE 0- /MINNi_5 TA COUNTY OF HENNEPIN MUNICIPAL COURT fhe SSWWV elf.te• stMt's that the pot"n nomed below comm"ardthat offense OHIct,bed .n wolat en of tM stttson n+d.cated _ Pact errt«tt �'�� - .i •i• w retw _ p .l�C at a ar t • art ♦•� vl �w a•l ropti I • vI«.tat .00'rV.01C .dr %,A /• TT7 I I I F1 I I I I AT.41% A I • L �'"� ti p• ,wtw � w.• . r H o AtF Q r�� r• t• piv •t �.vl�• C i ?� bENDANGER LIF ❑ OR PROP_FRTYE LlAcc' tNT C CoNt7►T►ONS I .'fit 'fsOO nd to ln.s Crl-ft'On :no Unowtst•n6 In•• „ . ,a;..,.. v:. w•- 'nCeJted ofn•lo�es 11b•II Dessfll*a ♦n1f • •..•nt w.t' b' •ss�iet! —, •••e1' If • w&tr•rt .s 'S%W*O. • pen•ItV of f3O w.n pt #potq It, I^! I.r" aa•trp•r• • a•a.r•varwt - COUI T It, OPY•DO NOT WRIT ON P%LVERSE auquit 19" ne rletter 4100 WGIA00 aYfAwt fouth, A. lowli park 15416 920-5553 PLANNINC BOARD SETS SOCrAL SERVICES PRIORITIES The West Hennepin area Community Social Services priorities which will be recommended to the Hennepin County Board for 1985 funding were finalized by West Hennepin Human Services Planning Board on July 10. The Board reached its decision after a year -long information gathering process which included a aemographic study, 11 service provider meetings, 2 community informational meetings and a survey of area providers, aunici- pal managers and c.insumers of County programs. The culmination of this effort was a June 19 community public hearing at the Minnetonka City Hall where the fiadi.ngs and proposed pr,or- ities were presented. At that time, the public was invited to make oral or written comments on human service program priorities for the West Hennepin area. The majority of comments this year supported the priorities as proposed, especially in relation to child care, respite care, chemical dependency prevention programs, Develop- mental Achievement Centers, Work Achievement Centers, transportation, counseling and development of a suburban mental health treatment center. Commenters requesting alterations ir, the tentative priorities suggested: ^­gher priority for community proKrims for the mentally handicapped; defunding domestic abuse programs; more funding for teen outreach; and funding and finding for client advocates to work wish agencies. In drawing up the final priorities, the Board gave special consideration to the survey on human service needs which w's conducted in mid -June. The survey indicated high n-ed areas to be employment, child care, family violence programs (particularly for children), abuse programs for youth, emergency services in -home services for elderly and handicapped individuals, respite care, counseling, crisis intervention, and residential treatment facilities for mentally ill and mentally handicapped citizens. The final funding priorities for human service programs in the West Hennepin area are: 1. Mental Health Crisis Intervention 1. Emergency Social Services 3. Child Care 4. Counseling 5. Employment, Training 6 Counseling 6. In -Home Services for Elderly and Disabled 1. Family Violence Programs A. Chrmical Ulependenc v c.irly Inter - Continued on next pege Priorities, continued vention and Prevention 9. Child Protection 10. Mental Health Residential Treatment 11. Transportation 12. Developmental Achievement Centers/ Work Achievement Centers 13. Information and Referral 14. Respite Carc 15. Community Programs for the Mentally Handicapped In all, over forty county -funded services were considered in formulating the recommended priorities. West Hennepin Human Services Planning Board will be attending the Hennepin County budget hearings held in Sep- tember. In particular, the Community Social Services budget will be monitored to insure that West Hennepin priorities are part of the budget package passed by the County Board on October 9, to 1985 funding. COMMUNITY ACTION AGENCY TO BF. DESIGNATED West Hennepin Human Services Planning Board has been concerned about the needs of low-income people who live in Hennepin County for many years. Our experience has shown that the needs of the poor in our area are very different. For example, geographic isolation and lack of reliable transpor- tation may keep a poor, elderly woman from shopping at a grocery store with lower prices, from applying for fuel assistance, and from socialis- ing with her friends over a hot nutri- tious meal. Poor residents in more sparsely populated areas may be more reluctant to come forward for assistance I,ecausr thc-v are Fmbarrasscd to recvivr %ervi( r%. Hecause of our ,awareness of thes, needs and the iack of an agencv c organization which speaks for t1, poor in our communities, we have supported the development of a Community Action Agency for suburban and rural Hennepin County. The purpose of a Community Action Agency (C.A.A.) is to focus all available resources to help the poor become self-suffi- cient. About $275,000 of additional funds will be available from local State funds. In our last newsletter, we indicated that the Hennepin Councy Board was considering the development of a Community Action Agency. On ,tune 5, 1984 the Hennepin County Board Passed a resolution initiating a process to create a private, non-profit C.A.A. West Hennepin Human Services Planning Board, Northwest Hennepin Human Services Council, and South Hennepin Human Services Council developed a plan for a structure which was presented by County staff at public hearings in Crystal and Hopkins in July. 150 people attended these hearings and were in support of the C.A.A. West Hennepin Human Services Planning Board supports the private, non-profit model be-ause it provides the greatest participation of low-income citizens, local officials, end community -based organizations; has been shown to be the moat effective model of providing services and programs; would be able, through the strong onmunity partici- pation, to build on already available services and prevent duplication and fragmentation; and would be legs 0 likely to have conflict in the decision likely process because of its less compl tc.It 4d st ru( I ,rrc ('cant tnue'd e>n ne•xt t?d']f' Community Action Agency, cunt i ni„sd The proposed model will be a 21 mewi,.r Board of Directors with 1/3 elected officials, 1/3 representatives of the private sector and 1/3 elected representatives of the poor. In addition, we support a structure that is administratively sample and the Community Action Agency should, as much as possible, spend its funds an provision of services rather than ,administration. The Hennepin County Board is scheduleu to designate the C.A.A. on August 28. After the County informs the State of this recognition, the Governor must recognize it within 30 days. After the Governor's recognition, West H-nnepin Human Services Planning Board .along with the other human services councils and Hennepin County will organize the Board and apply for funds. We have committed our time, energy and resource to develop a plan and organize support to start a Community Action Agency. We support 1.he develop- ment of the C.A.A. because of its great flexibility in having local determination of the problems to be addressed and in the manner in which these problems are addressed, and because it can address the whole spectrum of problems raised by poverty in our communities. 42 AD6LT FOS MR Jv I M CARS a Put your personal skills to work by helping a dependent adult live in the commur,ity and participate in a family environment. Hennepin County residents receive $441 per month for the care given each adult placed. An additional allowance m;ay be available and is determined by the needs of each adult. Twenty-four hour supervision is NOT required. Many ,adults have out of the homw activities during the day. ro find out moire call Hennepin County •1.!uli Faster Care at.: 348-545h F O C U S O N COUNTY COMMISSIONER MARK ANDREW ._r rwo documents are on the desk of Hennepin County Commissioner Mark Andrew when he votes on the annual social services budget. They ire: the proposed county budget and the priorities list of the human services councils. He measures what the people in the communities want against what the county can afford. Commissioner Andrew sought election to the Hennepin County Board in 1982 having served on the staff of the Minnesota State Senate. There he had become concerned about the delivery of social service programs in the face of budget cuts caused by a declin- ing economy. He was dismayed that economic indicators should influence such base -line programs. His election ampaign also focused on daycare issues and environmental issues parti- cularly the disposal of solid wastes and hazardous wastes. Commissioner Andrew continues to rank mental health programs and the provision of daycare as the two top health and human service issues in Hennepin County. He cites the large number of homeless and long ,awaiting lists for daycare as evidence of the failure of existing programs. Andrew aims for long-term soluticns rather than stop -gap remedies such as emergency shelters. For example, the Commissioner believes that Hennepin County must redefine its role in providing services for the mentally ill and mentally retarded. Since housing is impacted by these programs, he sees tha►. the count needs to develop a rel at ion4hip with the cities regarding hn,­i!iv . Plus Continued on next Ntge C�issioner Andrew, continued the county needs to get the state to pay for thie new direction in providing services. Regarding daycare. Commissi-rrter NnOr . says that a person Ought tv be entitled to get daycare if they want to work. The subsidies required would be offset by the increased tax rolls, making such a program pay for itself. Administrative problems must be resolved as well. Currently. daycare licensing, eligibility and contracted services are fragmented among the county staff making it impossible to coordinate the daycare program. And the funding mechanism should be changed from a flat grant to a sliding fee based on a clients ability to pay, according to Andrew. Commissioner Andrew listens to -the people in the communities, particularly through the human services councils. He terms this new attitude a "bottom -up" approach to decision -making compared with the traditional method of governing from the top down. It is apparent that his philosophy benefits residents of urban, suourban and rural Hennepin County. 0 F O C U S O N MISSION CARE CENTER Mission Care Center. located on the North shore of Medicine Lake in Ply- mouth, serves the chemical abuse and dependency needs of the North and West Minneapolis suburbs by offering three distinct programs; detoxification, evaluation, and a flexible, short- term treatment - the CARE Program. Th* Mission Care Ce-,ter Detox Unit is a secure, subacute, 32-bed facility, providing medically supervised detoxifi- cation for mate and female patients over age 14. The staff of registered nurses, human services technicians, chemical dependency technicians, and counselors provides individualized assessment and reterral for patient as well as lectures, 1%, .1, and group sessions. Mission Care Center also offers a seven to ten day evaluation program, 4hich, under the supervision of a Certifled Chemical Dependency Practi- rioner, assesses the nature and extent ,Nf each patients' chemical use. The structured program consists of group therapy, one-to-one counseling, psychological testing, individual written and reading assignments, and educatfonal lectures and movies. all on a locked unit. The educational orientation of the program encourages self-discovery and identification of specific problem areas. The Mission Care Evaluation Program is not affiliated with any one health care provider. but makes referrals to counseling and treatment programs throughout the Twin City Are;i. The final Mission Care Center component is the CARE Program, a 10 to 14 day flexib'e, short-term, inpatient treat- ment program designed fcr the individual patient. This program meets a wide variety of need-, such as: refresher course for chemically dependent individ- als who have had a telapse; crisis stabilization and assessment; work on 1st through 3rd steps of Alcoholics Anonymous; holding for courts or from treatment; preparation for out- patient treatment; and waiting for treatment, halfway house, or foster home placement. Referrals for all programs at Mission Care Center come from HMO's, counseling clinics, halfway houses, families, the Judicial system, treatment centers, and self -referrals. Programs are funded by private pay, third party reimbursement, or reimbursement frorr specific counties having placement agreements. Mission Care Center is licensed under DPW Rub s 32/35, and is accredited by 0— Jo.nt Commis- sion on Accreditation of Hospitals. "Mission Farms" had its beginning in the rresent location in 1996, as a non-profit religious camp where over 700 persons could live and worship in one of the most unique and beautiful t imp grounds in Ame rica. Continued on next page Mission Care Center, continued .n later years, the "Farm" became incorporated as Union City Mission, .i non -religious, non-profit facility; and in the 1930's began serving ;ndigent alcoholic males from the Minneapolis skid ,row area who came to the farm to live and work. Then, as now, the philosophy of the facilities is to s^rve the community by offering alternatives to intoxicated persons and/or those suftering from alcoholism or other drug dependencie-., F O C U S O N .TOINT MENTAL HEALTH RESIDENTIAL, COMMIT,rEE r, For the past year and a half, a group of human services providers from the West and Northwest Hennepin area have been meeting to explore ways of facilitating the development of mental health residential treatment programs in the Northwest and West Hennepin area. The Committee has been active in a number of areas to help educate policymakers and the community about the need for residential programming in the suburbs. As its initial task, it successfully advocated with Hennepin County's Mental Health Division to get them to put a priority in funding residential programs in the suburbs. When the County requested proposals, the Committee participated in committees to select which services would relieve funding. Hennepin County is funding five types of programs: 1) a respite care prog-am, 2) a pcagram for mentally ill adults over 35, 3) a program for people with a dual diagnosis of mental itlrwss and mental retarda- tion, 4) a program for mentally ill adults with special health and dis- ability problems, and 5) a program for peo,�Ie who are mentally ill with behavior problems. The committee has contacted providers who plan to locate in the we%torn irri northwestern suburbs, and offert•d racistince to them in securing the n,( "iory municipal and cummur}ity rpprov.il for their tat i l it ies. Another committee effort has been to develop a presentation for city councils and other groups on residential programs. The written and oral presen- tation covers information on deinsti- tutionalization, licensing, zoning regulations, mental illness, the need for programs, and information on mental health services in our communities. Several presentations have already been made. The Committee also has developed a guide to zoning regulations of the suburban municipalities and a guide for potential programs on locating their programs in a suburban area. On the horizon for this active committee is the development of a videotape explaining mental health residential programs and issues related to three programs. For more information on the committee and its activities, call the WHHS office at 920-5533. EMERGENCY PROGRAM rECEIVES GRANT For the past three years, Westonka Christian Services, Interfaith Outreach, Interchurch Community Association and St. Louis Park Emergency Program (STEP) in conjunction with West Hennepin Human Services Planning Board have been funded by Hennepin County to provide emergency food, shelter, clothing and transportation for people in economic crisis. The demand for these services has been great, and there has been no apparent decrease in the need for services despite the economic recovery felt by many other people. Because the demand has been high and the programs have had few funds for staff, they jointly applied to the Minneapoli,.: Foundation for a grant to allow them to provide advocacy services, provide information, and do follow-up with clients of the program. West Hennepin Human Services Planning Board would like to thank the Minneapolis Foundation for awarding a grant of $19,000 to provide these Advocacy and information services Continued on next page Emergency Services Grant, continued to the (Jest Hennepin Emergency Services Program. We believe this will greatly enhance the ability of the Emergency Services Providers to help people in economic trisiti find morn permanent solutions LO their probleirs. I whho i►1 4newt �—* J VOLUNTEER APPRECIATION BREAKFAST West Hennepin Human Services Planning Board along with Northwest Hennepin Human Services Council and South Hennepin Human Services Council held an app--ciation breakfast at Bursch's Restaurant in Hopkins recently for our Energy Assistance program wluuteels . The program provides assistance to low- and moderate -income households to meet their heating costs. This past year more than 55 volunteers from throughout suburban Hennepin County conducted telephone screening, rJ ams ! �Ent►yY ,�4ss�islalut VvI unler7 arranged appointments, conducted intake interviews, and tilled out appi at ions tn,i helped with outreach t ten. Th. prngr,im served 1.652 households in c h(, West Hennepin ar.-:, during the past year. From the West Hennepin area, tho following volunteers helped: Ruby and Leo Cameron, Myrtle Dahie, Lucille Duffy, Rosemary Geis, Russ Jacobson, Bert Moe, Helen Merkel, Dottie O'Brien, Harry and Bernice Putt, Millie Pauman, Leona Peterson, Doruthy Rauschendorfer, Vi Rapley, Mabel Swanson, Inez Shoemaker, John Seamons, Rosalie Strauss, Kermit Streensland, Bob Strelow, Audrey Sandin. We'd also like to thank the following businesses for their generous contri- butions of gitts given to volunteers at the appreciation breakfast: Broad - walk (Minnetonka), Sassy Hair Studio (St. Louis Park), Glenrose Floral (Hopkins), Erika's Beauty Salon (St. Louis Park), Friendship Shop (St. Louis Park), Anthony's Floral/Greenhouse (Mound), Bill Clarke Oil (Mound), Don E. Mayer, Inc. (Hamel), Shaver 6 McCarthy (Wayzata). State Bank of Mound (Mound) and Bursch's Cafe (Hopkins). The Energy Assistance Program will begin for the the next heating season in October. Please call the West Hennepin Human Services Planning Board office for further information. CANCUN VACATION IS ) OF 16 RAFFLE PRIZES Prizes valued at $2700 will be raffled by the West Hennepin Human Services Planning Board on September 18, 1984 to 16 lucky ticket hol- ders. The top award in the drawing is a one - wt:ek vacation at Cancun, Mexico condo that inc- ludes round-trip air- fare for two. The raffle is this year's fundr.:ising event for the west suburban planning agency. Other donated prizes include a private airplane ride and brunch for two, a microwave oven. Polaroid camera, windsurfing IesscnS, garden Continued on next page F of f;e, continued •.Lr.�er, $100 savings bond, a weekend ►ur two at the Radisson Inn, and tickets to the Cricket Theatre, the Minnesota Vikings, the Guthrie Theatre and the Minnesota Orchestra. Three Tonka Toys - a Go--ot Command Center, a Mighty Dump Truck, ac-1 Clutch Poppers will also be awarded. Raffle tickets are available from individual board members or at the agency's office by calling 920-5533. Suburban organizations generously contributed the prizes. They include: Minnetonka Travel, Vovager Village, Litton Microwave Cooking Products, Le Ski Hut, National Camera Exchange in Golden Valley.- Minnesota Toro, Metropolitan State Bank, the Radisson Inn Plymouth, and individual friends of the board. Anita Vogel heads the fundraising effort with assistance from Bill Alberton, Sue Morrison, Bob Malooly and Jean Kotteman. The drawing for prizes will be held at a wine and cheese party on Tuesday, September 18th from 5-7 p.m. at the Radisson Inn Plymouth. Winners need not be present at the drawing to receive the prizes. and return it to the WHHS office. It will be mailed separately Eros the regular WHHS after this first edition. _ A •EPtEM•E s M 13 U'S an y610 1B lei 20 29 23 2� 25 U P C O M I N G M E E T I N G S Tuesday, August 14 10:00 a.m. Hennepin County Board to Designate Community Action Agency 24-A Government Center Thursday, August 16 3:30 p.m. 11MO Conference Planning Meeting 41UO Vernon Ave. So. St. Louis Park Tuesday, August 21 12:00 noon Joint Mental Health Residential Program Committee Golden Valley City Hall Thursday, August 23 8:00 a.m. West Hennepin Unemployment Committee 4100 Vernon Ave. So. St. Louis Park Tuesday, September 4 "THE 7:30 p.m. WHHS Board of Directors Meeting LAGGING Plymouth City Hall INDICATOR" Enclosed with your newsletter is the first edition of "The Lagging Indicator," a newsletter to inform agencies and organizations in the West Hennepin area about services which are available to the unemployed and of employment issues which are being addressed by local groups and organizations. 1f you would like to continue to 'Ive it, please fill out the torm h, back of "The LaRRing Indicator" Thursday, September 6 Po 7:00 p.m.� Community Action Agency Task Force Golden Valley City Hall Continued on next page The newsletter is published bi-monthly by the West Hennepin Human Services Planning Board. Contributors: John Nelson Lois Gunderson Margaret Reinhardt ?4.c rc v Shapiro Y ' A .C•` ;rr Upcoming Meet:in s ' s 9 , contiriued Tuesday, September 18 5:00-7:00 p.m. Youth Service Providers Roadhouse, Hopkins Ih• ! sday. SepLembk•r Io — 30 P.M. West Hennepin Mental Health Aftercare Providers showing of videotape "With Open Arms" Hopkins Library Tuesday or Wednesday September 25 or 26 1:30-3:30 p.m. Joint Meeting of Suburban Family Violence Committees (Call WHHS office for details) West Hennepin Human Services Planning Board 4100 Vernon Avenue South St. Louis Park, Minnesota 55416 • � (��' � �:' '++ Lam, , Sim Wednesday, September 26 11:45 a.m. - 2:00 p.m. Providers Wesr (Call WHNS office for details) Monday, September 10 9:00 a.m. West Hennepin Communicy Health Meeting 4160 Vernon Ave. So. Sr. Louis Park Wednesday, ,iteptember 12 12:00 noon• Joint Mental Health Residential Progsa1% Ad Con3 '; Golden VXjley City Hall Tuesday,,September 18 5!00-7:00 p.m. WHNS Raffle Drawing Radisson Inn, Plymouth Walter Benson, Administrator Village of Orono 66 Crystal Bay, MN 55323 BULK RATE O.S. POSTAOX P A I D PZRMIT No. 2387 M la. Minn. 3 •; � _..�. .�.w.w w r�www. wA tyn,n tom. STATE OF MINNESOTA DEPARTMENT Of MILITARY AFFAIRS OFFICE OF THE ADJUTANT GENERAL VETERANS SERVICE BUILDING, SAINT PAUI, 55155 September 21, 1934 MNAG-TAG Mayor City of Orono City Hall Orono, MN 55323 Dear Mayor: COUNCIL MEETING OCT 1 5 1*.: CITY OF ORONO Providing assistance to local authorities during civil emergencies or natural disasters is the primary state mission of the Minnesota Army and Air National Guard. I am enclosing an information sheet outlining the pro- cedures which should be followed to aid in securing rapid assistance to local government. Included also is a wallet -size card which indicates the home and office telephone numbers of our staff and myself. Please note that except in the case of cities of the first class, the local sheriff, as the Chief Law Enforcement Officer, should submit the request to the Governor. The Governor as Commander -in -Chief of the National Guard is the only person authorized to employ the Guard in emergency situations. We all hope that emergencies of a magnitude requiring military assistance do not occur. If needed, the Minnesota National Guard is prepared to respond and provide the assistance required, within our capabilities. Sincerely, T� Incl nmdamjo--� G._rSieben General, MN ARY, jutant General w.. M FOR ASSISTANCF FROM 1HE STATE AVUTARY STAFF 1NAIK)NAL GUARD) CONITACT ►ERSONNU AS FOLIO%" Ne.e9 Lwl.. ►Aew. N..w. the A%6W Ge .W Je.we. 6 SwbE­ 79e 4666 4171 d77.431) The 00'.0.01 i9— 1 G..we.e) carry 1 Mee.. 1617. 29e .e'; 417) 171 &W &...Weal A*A&M 45,* .o! C.1e•y1 IeAw N C« 417 796 Mae'.6171 639-1.1M cti.• .+ s+a• G►s.r� (»row rr lw.lw.d to 7 J9e ae ` '6171 AS► WM O�e.eww. l +re.wrwy CIF/... 1.e .1erow1 Cols..N L"o 'd 11 Gm. 617 796 753 070 w1.1e•, S PP-1 011.... :.en.e­ Do— S Meeowd 16171 755 9525 M,..,,.eM .Ml•lery SWMn CMeKM +` M.0•0w1 lly "0.0 e/0.e.1 wwwe. b. .e. Md •M CM•M CeeyN. Seru..l, 0...ww r917) 797 1%1 AO. M. wavy —d wlrnw. o• M. $1e0e ht.l.' . Sled !Mnbe+ei (.,.e.d d, n r ... 1 I1 .J` it SEQUENCE OF EVENTS FOR MIL11ARY ASSISTANCE 1. G ovPrnor or Authorized Representative: a. Receives request (telephone or written, must follow-up with written) from Sheriff or Mayor of affected area indicating nature of emergency, ail local resources have been used, the amount and type of military assistance required, and the name and location of local official in charge. b. Contacts The Adjutant General or staff representative for recommenda- tions regarding request and discusses tasks to be accomplished along with number of personnel and equipr,ent involved if appro-ed. c. Makes decision on request (App,ove/Disapprove). d. Direct Military Affairs to respond. e. Military affairs coordinates with Governor's Office, National Guard units, and local official in charge. f Daily reports (more frequent if situation dictates) are provided to the Governor's Office from Military Support. g. Sheriff or Mayor releases military personnel when no longer needed. h. Executive Order declaring an emergency is prepared by Military Affairs and delivered to the Governor's Office for signature. 2. the Adjutant General or Authorized Representative: a. Provides recomme,dations ,nd assistance on events mentioned above. b. Assigns a liaison officer to contact ar,d coordinate with local authorities c. Tailors military force to meet requirements. d. Orders troops to duty. e. Sunervises tasks ataffected site. f. Maintains a journal of activities. g. Coordinates payment of operating costs (troop pay, feeding, lodging if applicable, gasoline, and miscellaneous expenses) from State funds. h. Prepares after -action reports and other documentation as may be necessary. Pfi'1'f^'J,[ rnn RcrnircT,%ir ►m rTARy AccA— IrcTA►.rt <, ,. v,,,. , , 1 The Governor, as Commander -in -Chief of the. Minnesota National Guard, has the authority, when emergency conditions exist, to c3ll to State active duty members of the Minnesota National Guard to insure the preservation of life and property and to support civil law enforcement agencies. 2. When a natural disaster, civil disorder, or other requirement for assistance to civil iaw enforcement agencies e,ccurs that is beyond the capability of local authorities to contain, military assistance from the National Guard of tinnesota maybe requested through the following procedures: a. The responsible local official may request assistance by forwarding his request to the Governor, the Special Assistant to Zhe Governor for Operations, or in the event they are not available, The Adjutant General. Only the Governor, as Commander -in -Chief, has the authority to ap rove and order participation of� the Minnesota National Guard. Request for mt tary assistance may �e r,3e verbally but must be followed by a written request signed by the local official or officials. b. The official making the request should be prepared to brief the Governor on the nature of the emergency, the availability and use of local resources, the amount and type of assistance required and the name and location of the local official in shame. c. The followinq local officials may present the request for assistance: ( I ) In the case of a county, the sheriff, as the chief law enforcement officer, will present the request. (2) In the case of municipalities (excluding cities of the First Class) the mayor of the municipality will coordinate the request with the county sheriff and the sheriff will submit the request. (3) In the case of cities of the First Class, the mayor of the city will submit the request. Pricr to submission of this request, coordination should be established between the city and the county sheriff and all mutual assistance pacts utilized. 3. Upon receipt of an approved request for assistance, The Adjutant General will assign a liaison officer to contact local authorities. The liaison officer will evaluate the situation and make recommendations to The Adjutant General regarding the type and amount of National Guard assistance required. Under certain emergency conditions, the liaison officer and the National Guard troops may be dispatched simultaneously. 4. Military personnel are normally requested to furnish support for a specific task_ which is administered through the normal National Guard chain of cor�and. The Adjutant General's liaison officer coordinates this activity between the local official in charge and the senior military commander. 5. Dutailed sequence of events is attached. Harold J. Pond Sports Center The Board of the Pond arena is looking for someone from the Orono District to be on the Board. They are also looking for someone to be a liasion (ex-offico) from Orono. The Board meets once (1) a month and is the prime nucleus for fund raising for the arena and for the organization of where money is to be spent. They need someone who will be committdd to serving as a Board member. For more information please contact Jim Maki: 473-1472 / 893-9320. Thi, is your arena and they need your help. SCHOOL REFME11UJV Public Information Meeting: September 24, 7:30 Pm Orono Middle ,choci VOTE: Tuesday October 9, 1984 Below are afew facts regarding the referendum. A fact sheet will be mailed to the Orono district residence. It is important that we all vote in passing this referendum. It not only effects our children's education, but if not passed can effect the sports program. We want our children to have a well rounded education and that includes extra curricular activities and sports. $740,000 has been cut from the budget and $150,000 more cuts are planned for 1985-87. But, unless the referendum passes, large additional cuts will be required to offset projected deficits. This could severely damage the schools' educational program to the point where resale value of homes could be affected. The Board is seeking voter permission to levy uP to an additional 44 mills, but this will not cause an increase in the property tax rate and, after 1987. there wall be a decrease. That is because: - The district next year will no longer need - and so will cancel - levies for a road assessment and asbestos removal. - The district's assessed valuation will increase by a substant'al 6.2% for 1985 (above the adjusted amount used for state funding), so preliminary calculations show that the mill rate will not increase, even with the referendum funds added. That means your 1985 school taxes would increase only if your property valuation was increased this year. Class size in the elementary grades was increased in 1983-84. We would now begin larger cuts over a 2-3 year period that would go to the heart of the curricular and c:-curricular program. These could include reductions in subjects offered students, curtailment of library services, health service, chemical dependency, remedial reading, physical education, music and art. Additional cut* would be made in administration, teac'.ers and counseling. There would be a substantial i•crease in class size at all levels. Athletics, intramirals, dramatic activities and other co -curricular programs would be curtailed or dropped. Some co>munity g use of facilities after the reular school day would be reduced. Our North Central accreditation could be affected. Your Board is asking for ;he minimum needed to maintain a quality program for the Young People in the District. No funds will be used to reinstate programs or personnel previously cut. - -- CALENDAR Wednesday, October 3, 1984 COUNCIL MEETING O C r 15 19g,- auesday, October 9, 1984 CI"''Y OF ORONJQesday, November 7, 1984 Orono Hockey Boosters Meeting 7:30 pm Long Lake City Hall Voting: Orono `school Dist Levy Referendum Orono Hockey Boosters Meeting 7:30 pm Long Lake City Hall ICE TIME IS STARTINIG FOR TH 84-85 HOCKEY SEASON THE END OF SEPTEMBER. IT IS IMPORTANT FOR YOUR CHILD TO BE AT THESE PRACTICES ON TIME. THIS YEAR A LIST OF TEAMS WILL BE POSTED RATHER THAN TOLD AT PRACTICE. WE FEEL, THIS WILL HELP TO EASY: '"TRT FEELINGS & :14BARESSMENT TO THOSE CHILDREN WHO WE.^F, HOPING '10 MAKE A CERTAIN TEAM BUT DID' T MAKE 7HE TEAM THEY WITTED. AFTER TliE; TEAMS ARE CHOOSE N THE LIST WILL BE POSTED AT 7HE AREBIA. THANKS TO THE SP014SORS DONATING $9000.00 TO OUR ASSOCIATION 11F ARE ABLE TO PROVIDE UITIFORMS FOR OUR TEAMS. BELOW IS A LIST OF EQUIPMF1IT ORONO WILL BE PROVIDING: TRAVEL A Tack -la breezers (red) 2 Jerseys (Blue & a White) Practice Jersey 1 pair socks (keep) Scrimage penny TRAVEL B Canadian Breezers (red) 2 Jerseys (Blue & a White) Practice Jersey 1 pair socks (keep) Scrimage penny HOUSE Breezer (red) 1 Jersey Practice jersey 1 nair socks (keep) scrimage penny kites & termit,s w:ll have to provide their own equipment The game jersey, practice jersey and scrimage penny will all have the same number on them. It will be expected of the players to maintain proper care of their uniforms. flow that we have cootA!nated uniforms we want the teams to to look alike. Not like the Christsas trees we have had in I he past. Therefore, all helmets must be blue and there Will be no lone Cooperalls. ORONO HOCKEY BOOSTERS NEWS AG UIDA Wednesday October 3, 1984 I. Call Meeting to Order A. Agenda approval B. Secretary& Report C. Treasurers Report II. Old Business A. Fund raiser 1II. New Business WELCOME: We wish to extend a warm welcome to all the new familes who have registered in the Orono Hockey Association program. We hope your children will enjoy hockey and that you will have fun tool If anyone has any questions please contact anyone of the Board members who are listed in the Orono Hockey Bocklet handed out at registration. We wou'd enjoy having anyone interested in joining our a 2 y meetings, which are held the first Wednesday of ev.,ry month. We always need new ideas and can always use extra helpl a raaa�raraaaaararaarrraaarraraaraaaaaaaaaaaaaaaaararaaaaaaaraa Our heartfelt THANKS goes to Dorothy Reiser for all her help in putting the new Orono Hockey Booklet together. And for organizing registration night. Her untold hours of work and dedication are deeply appreciated by everyone. l� COUNCIL MEETING 300 Metro Square Bldg., St. Paul, MN 55101, (� SEP 2 5 i General Office Telephone (612) 291-6359 � l — 1 5 r REVIEW 40. WALT" Q n v- k, PrITY OF ORONO A Metropolitan Council Bulletin for Community leaders r1 T Y _'c r7r%r For more information on items in this publication, call th V! I R r �ovST i� ^.1Y *Ask. Sept. 14, 1984 COUNCIL ACTIONS (Aug. 27-Sept. 14) Sewers — The Metropolitan Council authorized preparations for ■ $26 million bond sale to finance :tprovements in the metropolitan sewer system planner! for 1985. The funds will be used to improve Interceptor sewer service to Little Canada, Shoreview. Brook yn Park, Champlin, Medina and Mendota. The bond issue will also provide sore capacity and better facilities at the big Metro savage treatment plant in St. Paul. Transportation — The Council decided to submit to the Minnesota Department of Transportation a list of 16 nonprofit organizations seeking federal funds to buy vehicles for transporting elderly or disabled people. The organizations were ranked an the List according to regional priorities. The state will allocate s448,00x, aes:ng recipients selected from 48 applicants statewide. Parks — no Council approved a $500,000 grant to the Minneapolis Park and Raer-ation Board for redevelopment at Lake Calhoun. Work will include drainage and shoreline improvements, separatea bike and pedestrian paths along the nortt. shore, boat ram; r::ocation, buffering of Lake St., parking lut renovation and upgrading of the beach area. The Council applied for up to $150,000 in federal funds to assist the Metropolitan River Corridors Study Committee in studying the preservation, enhancement, protection and use of designated recreation areas along the Mississippi. Minnesota and St. Croix Rivers in the region. The CouaCii said It would study the funding, location, operation and maintenance or an international -standard ski jump in the region. The Council agreed to accept a total or s50,000 Prim the Minneseta Legislature, the Sons of Norway and the M;nneapolla Ski Club to coordinate a feasibility study. The location under most serious consideration is the site of an existing but deteriorating :nap at Hyland -Bush -Anderson Lakes Park Reserve in Bloosington. Roush, -- The Council sale a housing revenue bond plan proposed by Woodbury is consistent with Council guidelines. A city Mans to issue s2.3 million in tax- exempt revenue bonds to finance the development of a 10-unit apartment wild-Ing for elderly people. The housing is propts4d !or the intersection of Woodland :r. and Carver lake Rd. Arts — -he tamed: awarded finds to eight area organizations t0 apor.scr arts events ar.0 actmiles. -1he grants range from $1,400 to $3,000; recipient organizations must provide at least 50 percent in catching funds. Groups receiving assistanCQ ere: Cocaucity Education, Independent School Dist. 112, Chaska; Courage Canter, Golden Valley; Fresh Air, Lhc., Minneapolis; Criat Mid-destero Bookjhow, Minnea;clis; Minneapolis Parks Foundation, Minneapolis; Natyaksla, Minnesota Society for South Asian Dance, Mihnupolls; 213t Street Players, MI aapol a; and Sing Heavenly Muse!, Minneapolis. Solid Waste — The Co:n:c41 denied a Landowner request to lift the development Limitations on land inside the hcundarles of candidate solid waste landf111 Site D IA Hooka County. The landowners want to use a 29-acre parcel of their land located In the site's buffer zone for residential development. The county had earlier denied the request. Without prior county approval, the Council does not have the authority to grant such a request. The Council has begun steps leadi=g to the possible acquisition of :and within the boundaries of Candidate sludge ash Site B in Farmington. The Council deterrlred that John Tschonl is the eligible landowner and authorized ar. appraisal of the pr;erty toward possible purchase by the Metro;:::tan Waste Control Commission. PUBL:C HEAR:VCS, PCBL-C ME-zT:NCn Ati_nj —The Metropolitan Counci:'s Advisory C• mlttee on Aging wll: hcld a public nsar.ag on proposed amer.cnents to the 1984-1986 Area Plan on ASIng and the policies and procedures manual for the Council's program on aging. The nearing will be held at 9 a.m., Friday, Sept. 28. In the Council "hsabers. For more Information, call Juay Areads at 291-6591 APP :CANTS SCJCK'. FCR CPE`i:VG ON REC:CNAL '.RANS:T BCAA:, The Secretary of State's office is now scceoti g applications .rca south Minneapolis reside is to fill a vacancy on the Reg_jral Transit Board. People who live in boars sistr:ct 5. the southern and western th1rJ of Mirreapolls, are eligible to apply. 7he VaCanCT 11 d•Je to .he resigratian Of Frank Seowoen, who has accepted an appolatmer.t to the Transit Com:asloe. ,he 'S-member toad, 'rested 'y toe 1984 legit attire. Oewalcps sr.ort-raage transit plar3 an' earmarks money for trenait services througnout the Twin Cities Area. Applications are due by Oct. 2 and are available from Sandi Lindstrom, 291-6390, at the Metropolitan Council or from the Secretary of State-s office, 180 State Office Bldg., St. Paul, 551`.5. The Council wii, hold a public meeting at 7 p.m., Oct. 11 1n the Council offices to consider candidates for appointment. The Council is expected to name the hew district 5 representative Oct. 25. CCUNC:L TO AMEND AIR OUALI7T PART OF TRANS?ORTATICN PLAN The Metropolitan Council will begin review of ;roposed strategies to reduce carbon monoxide to acceptable levels at the intersection of Snelling r I University Avs. in St. Paul. ;r- t strategist will be incorporate a Council's regional transportat. plan. The amended air qua:ity plan will than be submitted to _ Mir%:esata Pollution Ccnt m l Agenc, approval. If you have any questions regarding the amendment, or the schedule listed below, cal: A."Braden. Council transportaticn plan- er, at 291-6525. Sept. 19 Air Ccallty Coemmlttes reviews proposal. Oct. 3 Technical Advisory Co®i.tes reviews ;r-;csal. Oct. 17 :ranaportatlon Advisory Board reviews proposal. Oc•. 29 "gtrepolitam Systeme r� t•te• reviews proposal. NCI. 8 Council accepts proposed amendment for public hearing. Dec. it Couhcll holds public hearing. Dec. 27 Hearing record closes. Jan. 7 Hearing report and final document available. Jan. 14 Metropolitan Systems :oo=:ttee approves amendmert. Jam. 24 Metrmpolitam Council adcpti amendment. URBAN DWI=: THEE CASE ST L:F-S TTiree TV1a Cities .cwrtown cevelopment projects—Riverplaae and Norwast :eatar In MlaaeepoLis and Saltier Plaza Ln St. -,j _ will be the focus of the %tropc1 :aa Council's oar, Planners Fors.. -'se fcr•:m wL/1 be held Tmday. Sept. 25, f-oa , a.m. to 3 ;.a. I -no _.:ucc:l offices. with :Mch AZC an afternoon A:.Cin1I :C,.r of River;lace set %r ' to 2: Speakers in the morning session at the Council will be Weaning Lu, executive director of the Lowertown Redevelopment Corp., speaking on Galtier Plaza; Fred Clark, architect with Cesar Pelli A Assoc., designer of Norweat Center; and Jay Johnson, architect with Miller, Hanson, W43terbeck, Bell Architects, Inc., a firm that helped design RSverplace. There is no charge for the morning session and a $3 to 15 transportation charge for the afternoon session, with lunch on your own. for more information, or to make a reservation, call the Council"s Planning Assistance department at 291-6521. PROPOSED :NTEAC2, RAIL SERVICZ NOT FEASIBLE The Metropolitan Council told Gov. Rudy Parpich recently that rail service between the Tvin Cities and Rochester, together with greatly Laproved rail service between the Twin Cities and St. Cloud, is not coat effective at this time. The Council said capital and operating costs would be too high, particularly for high-speed rail or light -rail transit. The report said high-speed trains would have a capital cost ranging from $400 to $900 million In each corridor, whi_4 light -rail transit would range from $50 to WO million in each ccrri'or. PROPOSALS BEING ACCEPTED FOR .'PEED -SKATING RINK The CounC11 dev41oped site selection and other criteria for a refrigerated, international -standard speed -skating rink and sent out requests for pr:posals t0 build it. Propcsa/a wi11 be accepted until Oct. 12. Site selection, plarnt g and pre'_ " ry drawl :gs were rvq..czted oy the 1903 legislature, wnicn directed tto Council to use SSO,CCC of its park f=ding for thin purpose. NOTICE: PRE19ARERS CIF E-VVI.?CN! T,77AL ASSESSMIEN7 dORxSFSEETS .he 2nvirccmetlta_ :uali•y Peard recently issued a new mailing list .for the distribution of envlronmental asaesament worksheets (EAWa). -no board inadvertently :eft the Metropolitan Council off this list. Preparers of EAWS In the Metropolitan Area should submit a ropy for review to John Autford, the Council's re.ferrsl coordinator. N[W PQBL:C:.T:ONS Art 'own. t9a4 Cuice to •tee Arts in the ;bin '''ties Area. Aug. —'9F _ NO. cnarge. Construction Activity and `ta'cr Construct.,an P-o'ects in ne Nrir, -'•'.es M4tro Iitar. Area, anuarv- •,ae o�— Aug. t9 u. No. 0t- 4-'32; �D•: At. i Directory of Library formation Resources in the —wtn rcro::tan Area. Aug. 1964. The / :s a printed version cr a eoe. :sod .ist_sg of libraries and other information sources in the area. It shows what information services and subjects are available from 613 public and private organizations. Lists each Organization's special search tools, networks, computer data bases, lending policies and contact person. Limited copies availa�ls. No. 08-84-103; 615 pp.; $25. Available at no charge is a series of background reports on solid waste Issues. Capacity of Landfills in the Twin Cities Metropolitan Area, no. 12-N-1C3, 4 pp.; Environmental Impacts of Sanitary Landfills In the -,win r'i• es ea, no. 124�!!etc^po"tar. Tree,... Ig6, 17 pp.; 'Waste Reduction and Recovery Efforts of Metropolitan Arta Count. no. 12-9u-1,7,, 12 pp.; Federal and State Laws Gover^.:-.j the Metropolitan Coucct:"s Sc:: Taste Management Pro ram, no. 12-94-135, b pp. COMING MEE-.--4GS (Sept. 24-Oct. 4) (Meetings are tentative; to verify, call 291-6464.) Matr000litan Systems Committee. Monday, Sept. 24, 4 p.m., Conference Room E. Metropolitan Par .3 and Open Space Cotsmissioa. Monday, Sept. 24, 4 p.m.. Council Chambers. Metropolitan Va3te Manacesent CnVMaittee, Tuesday, Sept. 25, 2 p.m., Council Cl►mbers. Metropolitan P.oualng and Redevelopment Authority Advisory Committee, Wednesday, Sept. 26. 11 a.m., Room Lower Level 25. Metropolitan and Community Develooment Committee, Thursday, Sept. 27, 1:30 p.m., Council Chambers. Metropolitan Council. Thursday, Sept. 27. 4 p.m., Council Chambers. Advisor CTIttee on Aging, Friday, Sept. 2 , 9 a.a., Council Chambers. Regional Transit Boars, Monday, Get.. 3 p.m., Council Chambers. Metropolitan Systems Cemittee • Monday, Oct. 1, It: p.m., Conference Room E. Oniyersity Av./Southwest Ccr-:oor Study Steer'na Committee, .%Asd&y, Oct. 2, 3 P.M., Council Chambers. Technical Advisor• :=I ttee. (transportation), Wednesday, Cet. 31 9 a.a., Council ^.'ambers. Qlvironaental Resources :caittee. Wednesday, Oct. 1. 4 p.3., Conference Room E. Chair's Advisory Cova:ttoo Wednescay, Oct. 3, :30 p.3., Council Chambers. Con -Term are Task Porte �lursdsy, Oct. r, a.a., Conference looms A and B. Metropolitan Area 'tver :orr:dors Study :oamittee, Thursday, Oct. 4, 12:30 p.s.. Conference Room E. Metropolitan Council Committee of .re Whole, Thursday, Oct. 4, 1:3C p.3., Council Chambers. Management SOM. ttee, Thursday, Oct. LAKEhSIN tJEiowf;n.00'4SErvAt10r:f,I5TftIC7 OOUNCIL MEETING AGENDA OCT Ic;-9;4 Regular Meeting, 7:30 p.m., Wednesday, September 261 8 TONKA BAY VILLAGE HALL l� OF O R O N O 4901 Manitou Road (County Road 19), Tonka Bay 1. Call to Order 2. Roll Call 3. Minutes: August 29, 1984 4. Treasurer's Report A. Monthly Financial Report B. Bills 5. Committee Reports A. LAKE USE COMMITTEE (1) Committee Report (a) Sp Ev: Fishing Contest (e) Buoy Inspection Report (b) 1984 Lake Use Study (f) Permit Status (c) Charter Boat Review (g) Mtka Bass Club Request (d) DNR Permit: St. Alban's (h) Water Patrol Report Bay Bridge (i) Other (2) Action items (a) Special Event Permit: Wayzata Yacht Club (b) DNR Permit Recommendation (3) Other B. WATER STROCTURES S ENVIRONMENT COMMITTEE (1) Committee Report (a) Amend Review: Fletchers (e) 1985 License, Permit Review (b) Deicing; Applications (f) District Orders (c) License, Permit Status (g) Walters Port Request (d) Code Amend: Conversions (2) Action Item: 1984-1985 Deicing Permits (3) Other C. EXECUTIVE COMMMITTEE D. FEE STUDY COMMITTEE 6. Code Amendments A. Conversions (second readiTjg) B. Fees (second reading) 7. District Orders A. Lord Fletcher Apartments B. Hennepin County (at Spring Park) C. Schmitt's !farina 8. Other A. Nominating Committee Report B. Election of Officers C. Other 9. Adjournment 9-21-84 LAKE MINNETONKA CONSERVATION DISTRICT REGULAR MEETING TONKA BAY VILLAGE HALL August 29, 1984 The regular meeting of the Lake Minneto►.'..a Conservation District was called to order by Chairman Bro-:. at -:33 p.m. on Wednesday, August 29, 1984 aL the Tonka Bay Village Hall. Members present: Richard Garwood (Deephaven), Robert brc,.rn (Greenwood), Donald Boynton (Minnetonka Beach), JoEllen Hurr (Orono), Robert Rascop (Shorewood), Ron Kraemer (Spring Park), Ed Bauman (Tonka Bay), and Robert Slocum (Woodland). Communities: represented: Eight (8). Hurr Moved, Kraemer Seconded that the minutes of the June 27, 1984 meeting be approved. Motion, Ayes (8), Nays (0). Rascop Moved, Bauman Seconded that the Treasurer's Report be approved and the bills paid. Motion, Ayes (8), Nays (0). LAKE USE COMMITTEE: Bauman reported that the committee discussed the need for pursuing applications from people who conducted fishing contests earlier this summer without applications or with incomplete applications. The committee recommended that Minnetonka Bass Club's August 26 fishing contest be approved, and that the back permits be pursued. The committee reviewed Special Event Permit applications (1) for a sailboat show by Sailors World at Stonewings and Mai Tai Septembet 14-23, and (2) for a sailboat show by Wayzata Marine at Stonewings and Mai Tai September 8 and 9, and recommended approval with stipulations for both. The committee reviewed letters regarding careless boaters, and reviewed 1984 accidents with Power Fquadron m-mbers and the Water Patrol. Discussion centered on the need for more Water Patrol presence on the Lake during high -use periods. It wds determined that other groups and clubs should be contacted for support by committee members, and that the District set up goals and standards for future joint meetings and discussions. The committee reviewed the FAA's reply to the District's letter regarding the use of ultralights in the Lake area. The committee recommended (1) that the District attempt to seek and invite local ultralight clubs to a Lake Use Committee meeting to share concerns for further contact with the FAA, and (2) that the District recommend that the FAA present the District's letter at the ultralight hearing in September. CALL TO ORDER ATTENDANCE MINUTES TREASURER'S REPORT CAXELESS BOATERS LMCD Board Minutes August 29, 1984 Page 2 Tne committee reviewed the comment that increased windsurfing SAILBOARD activity on the Lake sometimes creates hazards to other boating HAZARD navigation. There being no formal complaints at this point, either to the Water Patrol nr the LMCD, the matter was laid over for further review at the end of the season. The committee received the accident report of July 20, 1984. After discussion with the Water Patrol of recent accidents, and the Water Patrol's recommendation that everyone on board an open -type vessel should wear a PFD after dark, as the Water Patrol does, the committee determined to review the matter further. WATER PATROL The Water Patrol also reported that the new reduced speed limit REPORT is being observed, that the fine is $50, and that regulations regarding DWIs should be considered for the boater card. Rascop Moved, Boynton Seconded that the committee report be accepted. Motion, Ayes (8), Nays (0). Hurr Moved, Bauman Seconded that 1. The Special Event Permit application by toe Minr,etonka Bass SP EVENTS: Club for a fishing contest August 26 from Gayle's Marina be approved with the following stipulations: A. Compliance with the District's speed limits. XTKA BASS B. Compliance with the District's noise limits. in AUGUST, C. All signs for the event be removed within 24 hours after the event. D. Boat registration numbers be affixed to all boats, according to statute. E. Permit is subject to the City of Orono for cleanup, parking, etc. F. The event is und, the jurisdiction of the Sheriff's Water Patrol. 2. Applications for Special Events held earlier this season be EARLIER actively pursued. EVENTS, Motion, Ayes (7), Nays ti), Brown voting Nay. Bauman Moved, Hurr Seconded that the Special Event Permit appli- cations for Sailors World and Way•:ata Marine for boat shows be approved with stipulations as follows: 1. Professional guards be on duty to prevent other use of the areas. 2. All slips are to be used for display purposes only. 3. No beat access is to be allowed to the areas. LMCD Board Minutes August 29, 1984 Page 3 4. The areas are to be roped -off with swimming -area type controls SP EVENTS between 12 noon Friday and 8 p.m. Saturday for the Wa;zata (cont): -Marine permit, and between 12,noon Thursday, September 13 and 8 p.m. Sunday, September 23 for the Sailors World permit. 5. These are after -season promotions and no other overnight beat SAILORS parking is to be allowed. WORLD, { 6. The areas are to be appropriately signed nine days in advance of the shows, 7. All signs for the events must be removed within 24 hour;, dit.,r and the events. 8. The District's noise limits must be complied with. 9. Boat registration numbers must be affixed to all boats, according to statute. WAYZATA 10. Permits are subject to the City of Excelsior, if necessary. MARINE 11. The events are to be under the supervision of the Water Patrol. Motion, Ayes (8), Nays (0). Hurr Moved, Garwood Seconded that the District recommend to the FAA that our letter of concerns to them regarding uitral:ghts be ULTRALIGHTS presented at their September hearing. Motion, Ayes (8), Nays (0). WATER STRUCTURES & ENVIRONMENT COKMITTEE: Rascop reported that the committee reviewed 1964 dock licenses, Special Density Permits, and the. 1984-1985 deicing program. It is proposed for 1984 that a deicing installation be completely surrc.jnded by fence, that the DEICING area be properly lighted, and that reflectorized warning signs be REQUIREMENTS placed every 50 feet around the perimeter; lights should be shielded from neighbors and should be high-pressure sodium or other acceptable yellow bulb. Three amendment matters were held for further information: Walters Port for future adjustment in the south -side setback if necessary - held for determination of boat size at this location, intending to make the Order permanent and final; Lord Fletchers of the Lake_ to add an extra slip in the east lagoon for storage of a charter boat - held for review with Bill N3egele and receipt of new applications; and Excelsior Bay Gobies for a change in ownership in docks held by the Excelsior Bay Associates, Inc. - held for new application to be handled as a minor change, depending on legal review. The committee recommended for first reading an amendment to simplify the Code dealing with conversions of dock use and providing: I. for a new Special. Density Permit and dock license for any conversion of use, including transient use; LMCD Board Minutes August 29, 1984 Page 4 2. deleting commercial docks from the multiple dock definition; CONVERSIONS and 3. dal,et!" defdadRions for commercial dock and privatwi t' k ,,y:t QW60mIAL I Ji club; DOCKS 4. removing commercial docks from the rental provision of the Code; 5. deleting the transient dock -use -area definition; and 6. eliminating other references to commercial docks. Boynton Moved, Bauman Seconded that the committee report be accepted. Motion, Ayes (8), Nays (0). EXECUTIVE COMMITTEE: Brown reported that the committee discussed recommendations dealing with the Power Squadron issue, fees, Nominating Committee, and salaries. FEE STUDY COMMITTEE: Hurr reported that the committee reviewed LMCD fee policy, proposed changes and fees for 1985, and alterna- tive sources of income for the District. The committee submitted a Fee Revenue Study that recommended District policy regarding fees should be: A. The District should not attempt to recover more than the reasonable cost of any service through license and permit fees. FEE B. However, fees should reasonably reflect the costs of the POLICY service rendered. C. The District should, through the imposition of regular fees or other means, eliminate or substantially reduce the burden on property or other taxes by transferring District expense to those uses directly benefiting - the Lake user. D. The current policy of not refunding application fees be continued. E. Any additional fees adopted now as a result of this study be reflected in the 1985 levy. The c —ittee further made the following specific recommendations for 1985: 1. Dock license application fees to inc! le municipalities and other political subdivisions: Base fee $50 WAU fee $10 per unit LMCD Board Minutes Aug-ist 29, 1984 Page 5 2. District Mooring Area application fees: Base. fee = $50 Unit fee = $25 per mooring, plus costs FEE RECOs 3. Deicing Permit application fee: Base fee = $125, plus costs 4. Variance application fee: Non Multiple docks = $75, plus costs Multiple docks - $200, plus $100 deposit toward costs 5. Permanent dock permit application fees: $50, plus costs 6. Special Density Permit application fees: Base fee - $100 Unit fee = $ 50 per WAU, pius costs 7. Special Event Permit application fees: Single event = $ 50, plus costs Multiple event = $100, plus costs 8. Temporary Structures Permit (new) application fees: $35 per unit, plus costs 9. The committee recommended that the Board consider other alternatives-. A. Court Fines allocation (1) There should be substantial benefit to the District through more uniform enforcen,erL. (2) Board members should be encouraged to review the proposal with member municipalities. (3) The District should make further effort to obtain more specific figures on income a,ad expense. B. Fishing contest The cnmmi tee will continue to receive additional information and further consider the fees matter. I:MCD Board Minutes August 29, 1984 Page 6 Lvi CODE AMENDMENTS: Regarding fees: 1. Nurr Moved, Rascop Seconded that an application fee for DOCK LICENSE Base fee - $50, and WAU fee - $10 per unit be approved as recommended, but the matter of including government agencies be deferred. Motion, Ayes (7), Nays (1), Slocum voting Nay. 2. 6 3. Hurr Moved, Brown Seconded that the motion be amended to delete plus costs. Amendment Motion, Ayes (8), Nays (0). Motion as Amended now reading: DISTRICT MOORING AREA - Base fee - $50, and Unit fee - $25 per mooring, DEICING PERMIT - $125 per application. Motion, Ayes (7), Nays (1), Slocum voting Nay. 4. Bauman Moved, Rascop Seconded that an application fee for VARIANCE - Non Multiple Dock - $100, plus $100 deposit toward costs for extra legal, survey, engineering, inspection, cleanup, or other expense, as approved by the Board VARIANCE Multiple Dock - $200, plus $100 deposit toward costs for extra legal, survey, engineering, inspection, cleanup, or other expense, as approved by the Board be approved. Motion, Ayes (8), Nays (0). CODE AMF NDME14'T LMCD Board Minutes August 29, 1984 PaKf. 7 5. Hurr Moved, Boynton Seconded that an application fee for PERMANENT DOCK PERMIT $50, plus $100 deposit toward cosies for extra legal, survey, engineering, inspection, cleanup, or other expense, as approved by the Board be approved. Motion, Ayes (8), Nays (0). '. :ucr Moved, Rasrop Seconded that an application fee for SPECIAL DENSITY PERMIT = Base fee - $100, and Unit fee - $ 50, plus $100 deposit toward costs for extra legal, survey, engineering, inspection, cleanup, or other expense, as approved by the Board be approved. Motion, Ayes (8), Nays (0). 7. Hurr Moved, Rascop Seconded that a Special Event permit appli- cation fee for SINGLE SPECIAL EVENT = $50, plus $100 deposit toward costs for advertising -sign removal, extra legal, survey, engineering, in- spection, cleanup, or other expense, as approved 1,y the Board MULTIPLE SPECIAL EVENT = $100, plu,. $100 deposit toward costs for advertising -sign removal, extra lcbal, survey, engineering, inspection, cleanup, or other ex- pense, as approved by the Board be approved. Motion, Ayes (8), F.cys (0). 8. Hurr Moved, Slocum Seconded that new fees on applications for a Temporary Structures permit ?,e referred to committee fo:• further study and recommendation. Motion, Ayes (8), Nays (0). CODE AMENDMENT (cont) Hurr Moved, Rascop Seconded that the report of the Fee Study Committee FIRST as amended be accepted as first reading of the proposed Code amend- READINGS: merit. Motion, Ayes (7), Nays (0), Abstains (1), Slocum abstaining,. FEES, Hurr Moved, Brown Seconded that. the first reading of the proposed CONV)RSIONS Code amendment dealing with conversions of docks be accepted. Motion, Ayes (8), Nays (0). LMCD Board Minutes August 29, 1984 Page 8 OTHER BUSINESS: Isrown Moved, Hurr Se.:onded that the officers' NOMINATING Nominating Comml be Ed Bauman (Chairman), Dick Ga.:aood, and COMMITTEE Bob Slocum. Mot Ayes (8), Nays (0). Brown Moved, Slocum Seconded that effective 6-1-84 the salary of SALARIES the Executive Director be $37,153/yr, and of the Secretary/Clerk be $8.05/hr. Motion, Ayes (8), Nays (0). No action was taken on a request of the Minnetonka Power Squadron for financial assistance in the St. Alban's Bay bridge mutter. ADJOURNMENT: Brown Moved. Rascop Seconded at 10:20 p.m. that the ADJOURNED meeting be adjourned. Motion, Ayes (8), Nays (0). Submitted by: JoEllen L. Hurr, Secretary Approved by: Robert Tipton Brown, Chairman Certificate of Survey for Robert L. Howells of "Saga Hill Park" in Saga Hil ^vised, Hennepin Co, Mina." WAy,04y-.yam M Cnt 7 i Aj vry .9 0Ad A9�✓f ilea,• N g. •a'/d.��r ' .yam. °ems e a 1 hereby certify that this is a true and correct representation of a survey of the boundaries of "Saga Hill Park" in'Saga Hill Revised, Hennepin Co., Minn.", and of the location of an existing cabin thereon. It does not purport to show other improvements or encroachments. Scale: 1 inch = 40 feet Date August 16, 1984,--d o Iron marker /GORR�RDDON `�� R.COF'FIINN CO.INC. Gordon R.' Cof f n -4 No 6064 Mark S. Gronberg Rey. No. 12755 Engineers and Land Surveyors Long Lake, Minnesota Proposed Subdivision for Dennis F, and Barbara B. KumUn of Lot 2. 810cK 1, 104WOOD Hennepin County, Minnesota Fax Street 3 woo 3 I I IR v. I C II R •„ n� Existing Legal Description: Lot 2, 9lock 1, FOXNOOD Total area: 7.49t acres Scale: 1 inch = 100 feet Date , August 22, 1984 1, fok- frt........ � A4.I ^-2.78 D 19M Wr9 SEP 2 I9B4 CITY nF-it")NO P, GORDON R. COFFIN CO., INC. Engineers and Land Surveyors Long Lake, Minnesota 7f/. /s, /,? y C 41 MV C01- - Ir­ 31,10-1 'g "o /""' P"UPJSEi: ;u:-,,,VjS,,i?; F(.1, WILLiAMU. GAGNE .--blec- ify t',,V 11 .1 survev. PkML "T PM. 1-1 WIllf M, di — and 4 ytfv!Ym u State Dab. A'6 — "e Y1,10-21 J,-L26Z Aft. lw M�. MST, WOO I V. VA cry 1S. Ices y c 6 / � , Certificate of Survey for Robert L. Howells of "Saga Ill II Park" in Saga Hill Revised, Hennepin Co, Ming." yAy,WAVV1y " 9-/ bee � ' / Sr'Ir .![e41"s b d cer � 1 ` 4 wz !' xkb� ..n — bbes q \� ir e -9 ..i... .i. AX,\� 1 hereby certify that this is a true and correct representation of a survey of the boundaries of "Saq.i hill Park" in'Saga Bill Revised, Hennepin Co., Minn.", and of the location of an eYs,,tinq cabin thereon. It does not purport to show other improvements or encroachments. Scale: 1 inch = 40 feet Date August 16. 1984, -..—d io•-•s• o Iron marker GORDON R. COFFIN CO.. INC. Gordon R. Coffin Reg. -No. 6064 Mark S. Gronberg Rey. No. 12755 Engineers and Land Surveyors Long Lake, Minnesota WHITE OAKS OVERLOOK proposed subdivision for George C. Funk and Judith A. Rogosheske of Tracts B and C. Registered Land Survey No. 1340 and Lot 19. Auditors Subdivision No. 229 I I33' 33 1 i� Existing legal descriptions: 1. Tracts B .,r,"C, Registered Land `urvey No. 1340, Files of Registrar of Titles. Coanty of Hennepin... 11. Lot 19, Auditor's Subdivision Number 229, according to the plat thereof on file or of record in the office of the Register nt Deeds. Hennepin rou.ty, Minnesota. I hereby certify that Lhis survey was prepared by me or under my direct supervision, and that am a duly Registered Land Surveyor under the laws of the State of��Minnesota. Mark S. Gronberg Reg. No. 12755 Scale: 1 inch = 100 feet GORL,N R. COFFIN CO.. INC. Date August 29, 1984 Engineers and Land Surveyors 0 Iron marker Long Lake. Minnesota D C fHROMDI SEP 2 0 I^Ra • i �c�. it i�v.�, . i � �xis�,vG Lawr_R TR�Uf., i A i f \ 1 `-P \ \ \ ems. � �. •�', 259.4a' � lab.49 �L 1 ' ice• v i /rool dtectiOhM: Thaf raof of lnt4 rr.t,_e 7ow,11.,p 1f7AWM . Abnq.:•a NnJ o! Nor FIh P .ncrfw/ Marid,aw derrr.OW Oe Al wv : Canmene-9 of .. _. ... .. r..... �.... ..... wn.. S�•l,.n. M a Mrrf w,%t e J /inr ivm