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HomeMy WebLinkAbout10-29-1984 Council PacketMINUTES OF THE REGULAR ORONO COUNCIL. MEETING HELD OCTOBER 29, 1984. PAGE 1 ATTENDANCE 7: 00 PM The Orono Council met on the above date with the following members present: Mayor Butler., Councilmembers Frahm, Adams, Hammerel and Grabek. City Administrator Benson was not present. City Enyineer Cook and City Attorney Radio were present. Building & Zoning AdministratcrMabusth, Assistant Zoning Administrator Gaffron, Public Work Coordinator Gerhardson, and City Recorder Sutton represented the City staff. ANNOUNCEMENT OF CRYSTAL BAY PUBIC HEARING RESCHEDULED FOR NOVEMBER 13, 1984 AT 7:03 P11-1 Mavor Butler announced to the gobl ic that the Crystal Bay public hearing has been rescheduled for November 13, 1984, at 7:00 p.m. CONSENT AGENDA* Councilmember Adams moved, Councilmember Hammerel seconded, to approve the Consent Agenda*, with all staff reports concerning these items to be attached to an original copy of these minutes on file in the City Clerk's office. Motion, Ayes (5), Nays (0). APPROVAL OF MINUTES* Councilmember Adams moved, Councilmember Hammerel seconded, to appro,)e ti1L ,ninutes of the Council ,meting held October 15, 1984. Motion, Ayes (5), Nays (0). LAKE MINNETONKA CONSERVATION DISTRICT REPORT Jo Ellen Hurr was pr(?sont. Hutr stated that the new budget was passed by the LMCD. Hurr noted that the cost of license applications and spe::ial use permits that required extra staff and legal time will now be paid by the applicant. Hurr stated that the ordinance amending the fees would be given to Orono staff. Hurr stated that an ordinance was passed on changing uses of dockage on the lake. PLANNING COMMISSION COMMENTS rhere were no Planning Commission comments. PUBLIC COMMENTS There were no comments from the public present. #820 LONIE FISK 493 PARK AVENUE VARIANCE: 7.39 PM Lonie anc: Curtis Fisk were present. Lonie Fisk's attorney, Garth Coller, was also present. Jim Renschoof, traffic expert, was present for a traffic report concerning the Fisk application. Ron Ratty represented the following neighbors that were present: Donald & Catherine Meyer of 485 Park Avenue Phillip k Renata Bradley of 4075 Oak Street David & Sherokee Ilse of 4105 Oak Street Mike & Rowanne Dombeck of 499 Tonkawa Road Dave & Debbie Siegel of 4111 Oak Street Tim Argabright of 4US5 Oak Street MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 29, 1984. PAGE 2 #820 LONIE FISK Other Orono residents that were present for the Fisk application were as follows: David & Phyllis Fritz of 473 Tonkawa Road Liedeke Larson of 458 Linden Avenue Desyl Peterson of 4385 Chippewa Lane Don Meyer passed out an original copy of his of fer for. the Fisk's land to the Council. Building & Zoning Administrator Mabusth stated that Fisk asks for a lot area and lot width variance. Mabusth stated an area variance of 75 N4.rcent and a width variance of 13 percent. Mabusth stated that the neighbors in opposition to this application were asked to seek legal assistance. Mabusth s'.ated that the neighbor's attorney has produced negative findin(js and th<- neighbors have done a survey of vacant lots in the LR-1B (one acre) zoning district. labusth stated teat she has don- a survey of variance applications of lot area and lot width variance that were denied 'back to 1977. Administrator Mabusth stated that according to her survey of lot area and lot width variances back to 1977, 3 variances were denied and 406 were appi ,ed. MabuSth stated that approximately 7 or 8 applications were withdrawn when it appeared that they were :doing to be denied. Mabusth stated that those denials wz�re based on the following findings: 1. Restricted building envelope. 2. Property n_ver assessed for sewer. 3. Stubs never provided. 4. Nssesso d rnar;at value suggests unbuildable 1:,t. 5. Land locked - inability to provide le-jal access. 6. Shape of lot. 7. Topography that would inhibit construction or safe access to site. Administrator Mabusth stated that Ron Batty, neighbor's attorney, mentioned in his report of a self- imposed hardship. Mabusth stated that she nas worked with Mr. Fisk before on another variance application on Baldur Park Road. Mabusth stated that she is not suggestin,3 that he knows about the zoning code, but he did work on a hardcover and setback problem application (in Raldur Park. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELL► OCTOBER 29, 1984. PAGE 3 #820 LONIE FISK Administrator Mabusth stated that acCording to the neighbors' study of the vacant lots in the LR-13 zoning district, 39 percent or 34 of the total 88 tall within 20-40 percent of the required area. Mabusth noted their survey came up with a total of 88 vacant lots in the LR-1B zoning district. Mabusth stated that the Fisk lot falls into the ones that fell between 10-40 percent. Administrator Mabusth noted that at the September 10, 1984 meeting, the Mayor asked for staff to come up with the negative findings of the application after hearing only the approval responses from the applicant's side. These findings include the following: 1. The proposal is not consistent with current pattern of neighborhood development. 2. Question of applicant's knowledge of zoning code and association with Orono staff as he wr rked on two applications with the Zoning Administrator and with the Building Department on previous construction. 3. Establish negative precedent--34 of the 88 vacant lots in the LR-lB zoning district could ask for the same variances. 4. Adverse to the intent of the Comprehensive Plan and Zoning Code. If wile range problem, the City should amend the code nd not grant variances. 5. One-half sewer unit charged against property (1/4 unit on each lot) assessment suggests property once part of larger land holding. 6. Lineal footage not assessed against property. Garth Coller, Lonie Fisk's attorney, stated that the most essential part of the zoning code is the health, safety and welfare. Coller stated that as City Attorney Malkerson mentioned at the last meeting, that the courts will use a balancing test. Coller stated that the City has to find some negative findings as to the impact on the public health, safety and welfare. Coller stated that the fact that the sewer has been assessed for this lot, that shows indication that this is a buildable lot. Coller stated that no one has made any acusations as to whether or not this is a non - buildable lot, in fact there is evidence on the record that both the City staff and historical precedent that there was a house on the lot, indicates that this is a buildable lot. Coller stated that staff has a photograph of a house that existed on the lot. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 29, 1984. PAGE #820 LONIE FISK AdministratrrMabusth showed the Council some pictures with an exst. ,+:: house on the subject lot. Garth Coller grated that in the Planning Commission memo, the buildability of this lot will reduce the danger of fire which is always the case with a vacant lot. Totter stated that there is no other use for the lot than residential. Coller stated that the City has granted in the past many variances in excess of the amount granted here. Coller stated that the City has consistently granted variances and on very rare occasions denied variances. Coller stated only three variances have been denied since 1977 and are easily distinguishable. Coller stated that the first variance that was denied was rural property. Coller stated that Council's own City staff has stated that rural property is very distinct issue fron. the ?isk lot and is much easier to deny a variance in rural property. Coller stated that Home Builders was a ranceptual denial and in this case there were problems with the shape of the lot, lakeshore setback problems, and an unbuildable building envelope and would need additional setback variances. Coller stated that that variance is beyond a lot area and lot width variant . Coller stated that the third variance that was denied was reflected as a non -buildable lot, had no sewer unit assessed, unbuildable envelope, and lakeshore setback problema. Coller referred to Zoning Administrator Mabusth's denial list as follows: 1. "Restricted building envelope." Coll(�r stated that this doesn't apply in this case. 2. "Property never assessed for sewer." Coller stated that this is not the case here. 3. "Stubs never provided." Coller stated that stubs are provided. 4. "Assessed market value suggests unbuildable lot." Coller stated that is not a problem here. S. "Land locked." Coller stated not a problem. 6. "Corner lot." Coller stated not a problem; it doesn't even need setback variances. 7. "Shape of lot." Coller stated not a problem. 8. "Topography that would inhibit construction or safe access to site." Coller stated that is not a problem and that he has expert testimony regarding the traffic. MINUTES OF TILL•' REGULAR ORONO COUNCIL, MEETING HELD OCTOBER 29, 1984. PAGE 5 1820 LONIE FISK Garth Coller stated that there is no adjacent land available. Coller stated that the Planning Commis- sion recommended approval of this variance that that they are the experts in this matter. Coller stated that there is an existing foundation, it was not a lakeshore cabin, but an actual residence. Coller stated that there is a sewer stub pcuvided to the property. Coller stated that it has been assessed for one-half sewer unit. Coller stated that granting this variance would increase the health, safety and welfare of the City by discouraging the continuation (or the future use) of the property as a dump. Coller stated that the property has a history of being used as a dump. Coller stated that the property right now is no longer in that condition, but it is a possibility in the future. Coller stated that the adjacent property (Meyer lot) would probably need more variances than Fisk. Coller noted that City Attorney Malkerson noted at the last meeting that neighborhood opposition is not a determining factor, and that the City must only weigh this variance from the health, safety and welfare factors. Coller stated that the proposed site plan satisfies all setback requirements. Garth Coller cited one recent case "Arnold Palmer vs City of Plymouth". Coller read the following from that case: "Under circumstances similar to those which the plantiff'sapplication was denied, the City Council has heretofore granted variances. Most recently involv- ing the Troy Ridge project where the comparing circumstances were considerably less. The denial of... the petition was the defendent, City Council, was arbitrary, capricious, unreasonable, and invalid and in violation of his constitutional rights for the following reaso.as: 1. The land is zoned for the intended use. 2. The land is entirely suitable for the intended use. 3. The intended use would not be harmful to the health, morals, safety and the public welfare of the City. 4. Thr denial deprives the plantiff of his constitutional rights, contrary to Section 30, Article 1, The State of Minnesota Constitution, and contrary to the Fourteenth Amendment of the Constitution of the United States. 5. Said City in actual practice, acting administra- tively and not legislatively has under the authority granted to it under zoning ordinance over a period of years, granted variance to the City of Plymouth with circumstances substantially the same as those whos plantiff's application was denied." MINUTES ON THE REGUf.AR ORONO COUNCIL MEETING HELD OCTOBER 29, 1984. PAGE 6 #820 LONIE FISK Coller stated that granting the variances here could not be arbitrary and capricous. Coller stated that the above findings in the case cited above are extremely important and relevant to the Fisk case. Coller noted findings that are unique to this property which include the following: 1. Size and depth of the property. 2. Setback and character of the adjacent home. 3. Strict application of the ordinance would not result in a more suitable neighborhood for the neighbors. Garth Coller stated that the current development in the immediate area (Elm Street; Oak Street, Park Drive, and Park Lane), zero .are over the one acre requirement of the zoning district. Coller noted that zero are over 80-190 percent, one is between 60-80 percent, one is 40- 60 percent, one is between 20-40 percent. Coller stated teat on Oak Street there are 6 developed units, only one meets code requirements. Coller stated one is between 80-100 percent, two are between 60-30 percent, one is between 40-60 percent, and one is between 20-40 percent. Coller stated that on Park Lane theta are 16 units developed. Coller stated that zero are over the code requirements, two are between 80-100 percent, one is between 60-80 percent, four are between 60-80 percent, and eight are between 20-40 percent. Coller stated that in the same category as Fisk's lot, there are 126 units in the LR-1B zoning district in the same category. Coller noted there are 20 percent that are in the same category or worse than the Fisk application. Garth Coller introduced James Benschoof, traffic analysist, to give expert testimony on the affect of the traffic in the neighborhood if this lot was approved. Jim Benschoof, traffic analysist, stated that he has conducted a study of the traffic patterns in the neighborhood. Benschoof stated that 11 existing homes are served by Oak Street. Benschoof stated approximately 110 trips per day would be made on Oak Street. Benschoof stated that the Fisk home would create about 10 more trips per day on Oak Street. Benschoof stated that the intersection of Oak Street and CR 151 has the capacity to handle the additional trips of the Fisk dot and any other possible lots as well. Benschoof stated that they addressed the conditions on Oak Street where the lot would gain access as to the ability of that segment cf Oak Street and found that segment of the street will serve the lot effectively. Benschoof stated that there is adequate sight distance where the driveway would be located to effectively serve the Fisk lot. Benschoof stated that on an overall basis that the existing streets can effectively .i(:-:c,mmodate the additional traffic associate'! wi t'l t,)- MINUTES OF 'rim REGULAR ORONO COUNCIL MEETING HFLO OC'fOI FR 29, 1984. PAGE 7 182e LONIt✓ F[SK Councilmember Adams asked when Benschoof observed the Fisk lot and the neighborhood. ,jimlienschoof stated late Saturday morning around noon. Benschoof stated that he observed a low volume of traffic on Oak Street. Benschoof stated that he also -heck^d the Hennepin County flow map whic revealed 49(; iicles per day. Benschoof stated that he conducted a _;acity analysis based on the expected pear tra:fic- that would be likely to pass through the inLi�rser_tion. Ron Batty, neighbor's attorney, wanted to note what is 01 trial here. Batty stated that the City's Ordinance is not on trial. Batty stated that the City adopted the ordinance some nine years ago. Batty stated what is on trial is the applicant's request to deviate or vary from the ordinance's standards by not a small amount but an amount only one -quarter the size it is supposed to be. Batty stated that the neighbors are here to support the ordinance that the City drafted and adoptwj . Ron Batty stated that t'.lerc- has henn concern about the City proving that there will be some calamitous result in granting this variance on the healtn, safety and welfare. Batty stated the i est answer to the health, safety, and welfare pro:)lein is that wnich is expressed in the City's own ordinance. Batty stated that tale City's ordinance est•iblishes the type of development th�it the City waits to see in this particular neighborhood. Batty stated that the Council has already made the determination with regard to the health, safety, and welfare. Batty stated that the problemwith the analysis that Benschoof presented was th-it they are jook;ng at a pirl.ictilar case under a microscope rather than viewing the larger picture. Ratty stated that one more house is not going to present a terrible traffic problem. Ron Batty state] that the City is not dealing with a case where the property owner has owned the property prior to the adoption of the ordinance or acquired it through inheritance. Batty stated that instead this is a case wh-.!re the individual sought out the property and purchased it and then places himself in the position where he needs the City's assistance to make i[ a developable lot. Batty stated that th).s is significant because it speaks to the heart of the self created hardship issue which courts have consistently found to be persuasive. Batty stated if an individual can do this and come to the City and seeks assistance, this places a great deal of power in the individual property owner.. MINUTES OF THE REGU[.AR ORONO COUNCIL MEETING HELD OCTOBER 29, 1984. PAGE Ratty stated that Zoning Administrator Mabusth has 1829 LONIE FISK t•estifieti that Mr. Fisk has been involved with the City before on a zoning application and should have been cognizant of the zoning ordinance. Batty stated that there is also two affidavits on file by the Fisks. Batty stated that Fisk stated that he talked with someone at City hall who said it would be alright to build, but Fisk cannot name that person. Batty asked the Council what a prudent persun would do -in a ease like this. Batty stated if he was going to place $7,000 in an investment that he wuu ld inquire further than to rely on some unnamod ,person at City Hall. Ron Batty stated that ther.? .ire other lets that can be developed in the City and that this case will set a precedent for future lots. Batty stated that the solution to this problem is to have the property sold to an adjacent property owner. Batty stated that Don Meyer (adjacent property owner) has offered to buy the property. Batty stated that the New York courts, when &gal ing with the issue of sel 1 intj property to adjacent property owners, look at the value of the property withoutavariance. Ratty stated that in September the City saw a report which gave three values for the property. Batty slated $1,000 if no variances were granted. Batty stated $12,000 if a variance was granted and if several improvements were made on the property (well, se•.ver connection, etc) . Batty stated $17,000 after developed with a house on the property. Batty stated that New York courts would suggest $1,000 would be appropriate exchange for the property. Batty stated that courts in Illinois deal with how much the individual has invested in th,? property. Batty stated that the property was purchased for $7,000, and Illinois courts would suggest that $7,000 for the property is a fair price. Ron Batty st.+tNd that the neighbors have made an offer which is a standing, valid offer, which the applicant has chosen to reject the offer which betters both of those prices. Batty stated that there is no longer no alternative use for the property. Batty stated that he cannot �)e compelled to sell the land, but if he refuses to sell the land he should not be heard to come back to the City and say the City has to give him the variance. Desyl Peterson of 4385 Chippewa Lane stated that she came to the meeting after reading an article in the paper regarding this application. Peterson asked the Council to consider the following for basis of denial of the application: MINu,rEs OF THE REGULAR ORONO COUNCIL MEE,rING HELD OCTOBER 29, 1984. PAGE 9 Desyl Peterson stated that courts have basically said 1829 LONIE FISK that you are supposed to grant variances to substandard lots where to do otherwise would prohibit any value to the property. Peterson stated this is generally true. Peterson state6 that this does not apply here because this is tax forfeit property. Peterson stated the original owner gave up that right and the original investment is gone. Peterson stated that this is a new applicant who bought the property as tax forfeit- and assumes the risk that this property is substandard and cannot be built on. Peterson stated that it is irrelevant what the staff told him. Peterson stated that this variance is different from all the other variances because it is tax forfeit. Desyl Peterson stated it appears that this props ty was in common ownership with the adjacent property. Peterson stated that the MN Supreme Court has held that when two lots are in common ownership, at any point after the adoption of the zoning ordinance, then those two lots hav- to be combined to make one lot that is closer if not exceeding the zoning standards. Desyl Peterson stated that the Orono zoning code used to say if there was a non -conforming structure and it was destroyed, then it could not be rebuilt if not more than the 58 percent of the assessed market value. Zoning Administrator Mabusth stated that we are not dealing with a ►ion -conforming use or structure in this case, the code referred to by Peterson is not applicable. Peterson stated no, that a non -conforming use not only applies to the use itself but also to setbacks. Peterson stated that the tax forfeit is important in this case. Garth Coller, Fisk's attorney, addressed Ron. Batty's remarks. Culle► stated burden of proof has been :net in this instance as to why the lot conforms. Coller stated it is not against the health, safety, and welfare, but helps the health, safety, and welfare. Coller stated the burden of proof, and it is a balancing test that the courts give, if there is no adverse effect to the health, safety and welfare and there is some benefit to the health, safety, and welfare and the option is to deny the use of residential property for any use at all, that yes the burden of proof shifts over. Coller stated the burden of proof is on the neighbors, staff, and Council to come up with a negative declaration that imposes a greater degree of hardship to the health, safety and welfare than it would benefit it. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 29, 1984. PAGE 10 t820 LONIE: FISK Garth Coller addressed th(--, self-created hardship issue. Coller stated that this was addressed at the last meeting with City Attorney Malkerson's input. Coller stated that the creation of Lhe hardship is created with lots tliat were originally platted and here Lhe zoning code has been changed. Coller stated at t'aat time the hardship is created. Garth C.)1ler addressed Desyl Peterson's cormnents. Coller explained the difference between a land owner to sale and land owner to tax forfeit. Coller stated that chic is irrelevant. Coller stated that in Minnesota this is just not something that the courts look to. Coller stated that here the City has a passing of a basic fundamental constitutional right ofaperson to develop the property. Coller stated that this right doesn't dis,iopoar through the tax forfeiture process. Coller stitl�d that the courts do not look at it like that in M i nnesot•i . :,arch Coller stated that it was mentioned that the lots should be combined. Collier stated that here Fisk has .lone this. Coller stated that the lots were in common ownership when the ordinance was passed. Coller stated that this is the key. Coller statc:l that those two lots have been combined. Garth Collar stated that tine remarks made about Benschoof's analysis that Benschoof did not look at the larger picture. Coller states that this is factually incorrect. Coller stated that the traffic, study for the neighborhood included the likelynood of other buildable lots in that area. Coller stated three maybe four lots could be developed in that area and the traffic analysis addressee this to.). Garth Coller addresi-M the discuss..on in regard to the claim of a self-imposed hardship. Coller stated that Fisk indeed engaged in n.?gotiations to sell tnis lot. Coller stated that he had an offer of $14,000 for the lot which he accepted subject to the conditions that the neighbors couldc�btain financing. Coller stated that applicant waited a long time under the assumption that this deal was goin,_1 to go through. Coller stated that they delayad their presentation under that scenario. Coller stated that he conducted research on whether or not payments could be taken over based on the payments that go for the tax forfeit property. Coller stated that answer was yes, and that was proposed to the neighbors. Col ler stated then at a very late stage in the contract negotiations, Don Meyer came forth with his offer. Coller stated that this is an offer that supposedly stands today. Coller presented the original document that was presented to Fisk to the Council. Coller stated that Oe offer li,,s words of nejotiation, which in a real es Late cunLr-v t, mAke it nothia•i more thin an ��nL is neoL to 1*2al. (",-)ller st.Ated this is not .i .veal off.:r for inv ours)oses. MINUTES Or ' JIL RI;GUTA11 01I0:J0 COUNCIL. m1-,1-9'ING HELD OCTOBER 29, 1981, PAGE 11 1820 LONIE FISK Counc; lme.nber Frahn asked when Fisk bought t,1-: property florc the County and how much he paid for the pcoperty. City Attorney Radio stated August 22, 1983. Garth Coller stated $7,210. .z . Councilmember Grabek asked how much cash was outlayed for the property. Garth Coller stated $1,600. Lonie Fisk stated that he has made one payment of $1,040 since then. Councilmember Grabek ;noted that Fisk has spent approximately-OV2,600 on the lot. Garth Coller stated that the Council should consider attorney's fees, appraiser fees, and traffic consultant fees. Coller st,ited therefore the $3,530 isn't a great offer. Mayor Sutler stated that if Fisk nad asked thte appropriate people at City Hall, he would have saved hims.:?lf all of those fees. t;arthCollar stated that since the zoning wres changed on this property, that legal right still vests, and whether or not Fisk wanted to check into it -)r not is more or less ire:levant. David Ilse of 4105 Oak Street commented if, regard to the offer of $14,000. Ilse stated that after the last Council meeting he phone' Fisk regarding the axle of the land. Ilse stated ths. Mr. Bradley and himself met with Fisk and at no time was there an acceptance of $14,009. Garth Coller asked how long he was disc:ussirig the sale to Fisk and at the price of $14,000. David Ilse stated that they never discussed $14,000. Ilse stated that Fisk's appraiser had come up with a value of $17,009, and that he pointed out to Fisk that the figure as the property stood was $12, 000 if it was approved, $1,000 if it was denied. Ilse stated that they asked Fisk if he would be able to find out whether someone was willing to buy the property if that person could assume the money that he is currently paying the County. Ilse stated that Fisk stated he would check into that. Ilse stated that he said he would check with the people in the neighborhoud to see whether or riot some -one was willing to buy ti)e property, specif ical ly ,)on Meyer, since he is adjacent to the property. MINUTES OF TIIE REGULAR ORONO COUNCII. ML•'LT. ELD OCTOBER 29, 1984. PAGE: 12 1820 LONIC FISK Ilse stated that lie L ight Fisk the offer of Mr. Meyer for $12,000 minus the Eewer, well and other things that his ownappraispr hadmentioned. Ilse stated 'Chat when he handed the letter to Fisk's wife, he stated that he realized that it was not meeting the $17,000 which Visk had initially offered, however, he was willing to act as a mediator between Fisk and Meyer to keep the negotiations going. Ilse stated that he was very clear when he spoke with Fisk's wife that therd:was no other offer but just t1he offer that he had delivered. Ilse asked Fisk's wife to have Fisk call him within two days to get this resolved as soon as possible. Ilse stated that Fisk did not call. him. Ilse stated that he called Fisk one week later and said Fisk star?d that $8,500 was out, $17,003 or nothing. Ilse stated that the $8,50J offer subject to negotiation was to get negotiations started. City Attorney Radio stated that Meyer has submitted a two page document to the Counc i 1 to see i f th is was ever transmitt?d to Fisk. Don Meyer of 485 Park Avenue stated that the original letter was sent to Fisk in order to start negotiations. Meyer stated his $8,500 offer is still valid tonight. Meyer st,,ti---d that he saes this as a solution to the problem because he doesn't want a house right next door to him and if. .it means that he has to buy a lot he will. Councilmember Grabek noted kloc the record that he objected to written note passed by the Mayor. Grabek stated that he read only the first portion which was a motion to reject the variance. Grabek stated that he is not influenced by that note nor did he read the entire note. Grabek stated that he doesn't think that those comments should be passed to individual Council people, that they should be brought out into the open. Mayor Butler stated that they will be brought out into the open. 33utler stated that she gave it to Grabek so that he would have some idea as to where site was coming from. Butler stated that she would rather write her thoughts down prior to speaking them. Mayor Butler moved, Councilmember Adams seconded, to request Staf f to draft a resolution denying the request of Lonie Fisk based on the following findings: 1. The property can be put to a reasonable allowed use. It can be used as a City park, the City could conceivable acquire the property through the condemnation procedure or through outright purchase. Or the property could be purchased by the adjacent property owner in order to be combined with the adjacent property in order to bring they adjacent property more into conformance with the zoning code. MINUTES OF THE REGULAR ORONO COUNCIL. MEEPING HELD OCTOBER 29, 1984. PAGI' 13 1820 LONIE FISK 2. The use proposed is contrary to the letter and intent of the Orono Comprehensive Plan. 3. The development and or granting of the variance would set an adverse precedent in the City. 4. The applicant/purchaser should have had knowledge of the zoning code requirements prior: to purchase. Any hardship stated here is self-imposed. 5. One-half sewer unit was charged against the property indicating a question on the part of City staff at sometime in the past that the lot was substandard. There was no lateral sewer assessment levied against the property, therefore the question of the buildability of the lot seems to be open and before us. 6. The property falls short of the zoning code to an extent too great to enable justification of granting the variances requested. Discussion continued before the vote was taken. Councilmember Grabek stated that as far as the safety is concerned, there is no problem with a house being built on that lot. Grabek stated that sewer is available, therefore, creating no health problems. Grabek stated that in regard to the welfare question, the house adds nothing but benef it to the neighborhood especially with the condition of the lot being used as a dump. Grabek stated that the lot is in terrible condition. Grabek stated that granting the variance would not change the environment, like tearing down trees, or things like that. Grabek stated that the neighbors certainly had an opportunity to purchase the lot and have had for sometime. Grabek stated that Fisk's affidavit noted some "mystery person" who told him that the lot was buildable, which doesn't influence his decision. Grabek stated that the Council should look at the land as to the best use of that land and to see that no harm will come to the environment. Grabek stated that there is no effect to the environment as a health situation because there is sewer. Councilmember Grabek stated Fisk did impose these difficulties on himself. Grabek asked City Attorney Radio what right does the City have to protect those small parcels of land against the transfer of vested rights to build. City Attorney Radio stated that the neighbors attorney included cases in New York and Illinois that included a cut off point on tax forfeiture property and the vesting of rights cannot go on forever and be aas,.1 ! tro ot_�I _ L land owners. Radio stated that he has been unable to f ini any spec: i f i c cases in Minnesota a averse to that point. Radio stated that in Minnesota it is an open question and t:aat this case could make new law. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 29, 1984. PAGE 14 #820 LONIE FISK Radio stated that there may be :-.ises Wiere those vested rights ar.a interrupted. Councilmember Frahm st.Ated that the property has not been inhabited since at least 1975. Frahm stated that the building no longer exists other than the foundation. Frahm stated that the code was adopted originally to keep the density down. Frahm stated that some of the lots were grandfather.ed into -that code and protected, however, when that property is vacant for almost la years, it is his personal opinion that the grandfathered right has been forgiven. Frahm stated that as far as he is concerned that property is not buildable. City httorney Radio noted that in Section 10.08 which deals with variances, subdivision 1, states: "variances should be granted where it does not adversely affect the purpose and intent of the zoning chapter not the health or welfare of the public". Radio stated teat the real test the court is going to apply is did the Council act r-:asonably in acting upon this variance. Mayor Sutldr stated that Meyer could buy the property and combine it with his lot, or the City could buy the property and used for park purposes. Butler stated that this lot falls under the "nibbling syndrome", where if this lot is approved, the City would have to approve the next one based on the precedent setting in the past. Butler stated tilat the City may as well throw out the zoning code if the City doesn't have the authority to deny a variance. Councilmember Grabek stated that the City has to be careful because then it will look like the City will resolve all zoning disputes by the City buying it for park propo-r.cy. Councilmember Frahm stated that when the lot went tax forfeit, the City had a chance to buy the property and refused, therefore, the City has given up its right. Frahm stato:1 that th_, fact that this lot is tax forfeit has affected his decision. Frahn stated that the key is Fisk bought the lot after the zoning code had changed. Councilmember Hammerel stated that this lot only meets 25 percent of the area requirements. Hammerel stated that the tax forfeit issue is important. Hammerel stated that he would vote to deny the variance. Councilmember Grabek stated that the staf f and Council should look at each individual situation and be able to come up with a reasonable approach as to whether it should be granted or denied. Grabek stated that it shuuldn't have anything to do with our ordinance bec-aase there .ire going to be those situations where the City should gritit a vcriince. Grabek stit:a:i that thF_ t MINUTES OF THE REGULAR ORONO COUNCIL MEE'PING IIELU OCTOBER 29, 1984. PAGE 1.5 #820 Fisk (cont) Grabek stated that the lot would look better with a house on it because of the dumpy appearance of the lot. Councilmember Grabek asked that the motion be read again. Mayor Butler moved, Councilmember Ada:ns"s,!rc;nded, to request staff to draft a resolution of denial 'based upon the following findings: 1. The property can be put to a reasonable allowed use, park use or combination with adjacent property. There is an outstanding offer to purchase the property. 2. The proposes variance is contrary to the letter and intent of the Orono Comprehensive Plan. 3. The dev-lopment and/or granting of the variance would set an adverse pr;:!cedent in the City. 4. The applicant/pkirchaser should have had knowledge of the zoning code requirements prior to the purchase. Any hardship would seem to be self- imposed. S. There is only a 1/2 sewer unit charge against the property indicating a question on the part of the City at some time that the lot is substandard. 6. There is no lateral sewer assessment levied against the property indicating its substandard status. 7. The property falls short of the zoning standards to an extant too great to enable justifi(--ation of granting the variances requested. 8. The property does not conform to the development pattern of the neighborhood. More discussion was held before the vote was taken on the motion. Councilmember Grabek stated that he didn't think that the finding "that the property could be put to another use" should not concern the Council. Grabek stated that the purchase of the lot, the Council should not be involved with or whether or not there is an offer or not. Grabek stated that this should not be a precedent issue. Mayor Butler stated that to grant this variance would indeed establish a negative precedent policy within the City. Butler sLat-ed that not just within this neighborhood but within the entire City. MINUTES OF THE &::;GULAR ORONO COUNCIL MEETING HELD OCTOBER 29, 1984. PAGE 16 t#820 Fisk (cont) Councilmembei: Grabek stated that if the City is going to look at the precedent issue that way and look into the future, then the City has to pay attention to the precedents that have already been set. Grabek stated that the Council should look at all the important factors of the individual lot and not worry about setting a precedence. Councilmember Hammerel stated that in the findings for. denial, the City should not include that the neighbors wanted to purchase the pcop.:rty and have made an offer.. Mayor Butler moved, Councilmember Adams seconded, to request staff to draft a resolution of denial for the Lonie Fisk variance application based on the following fiwlinys: 1. The property can be put to a reasonable allowed use, it can be combined with the adjacent property, and there is an outstanding offer to purchase by the adjacent property owner. 2. The intent of the application is contrary to the letter and intent of the Orono Comprehensive Plan. 3. The development and/or granting of the variance wo>111i set: an adverse prece ent in the City. 4. The applicant/purch.3ser should have had kno.41edge of the zoning code require,nent-; prior to purchase. Any hirc3soip seems to be self imposed. 5. This is tax focfeit property. 6. One-half .sewer unit_ was charged indicating question on the part of someone that the lot is substandard. 7. No lateral sewer assessment was levied against this property thereby again raising the question of the substandard status of the property. 8. The property falls short of the zoning standard to an extent too great to enable justification of granting of the variances requested. 9. The property does not conform to the current development pattern of the neighborhood. Motion, Ayes (4), Nays (1). Councilmember Grabek voted niy for reasons noted above. MINUTES OF THE REGULAR ORONO COUNCIL. MEETING HELD OCTOBER 29, 1984. PAGE 17 #811 JOHN ERICSON 1629 SHADYWOOD ROAD SUBDIVISION & VARIANCE John and Barbara Ericson were present. Bruce Goldstein, Ericson's attorney, wa.; present. Zoning Administrator Mabusth stated that Ericson seeks the division of legally combined substandard lots. Mabusth stated that Lot 3 seeks an area variance of 2,283 sf or la percent and a width variance of 35 percent. Mabusth state,] that Lot 4 seeks an area variance of 26 percent and a width variance of 35 percent. Zoning Administrator Mabusth stited that Planning Commission asked for. Council's conceptual direction on an interpretation of the code. Mabusth stated that Council at that time told Planning Commission to treat the application as a typical subdivision application to be reviewed per standards of the subdivision code. Mabusth noted that the City hasn't approved new subdivisions with variances, and therefore Planning C oiti-nission denied the application. Bruce Goldstein noted the di `fecence between Ericson's application and the previous r,unie Fisk application: 1. Ericson's are not new to the City. Fricson's have lived here for 40 years, so there isn' t a stranger who has picked up tax forfeit land. 2. 'lot dealing with tax forfeit land, but land that has been in the Ericson family since 1940. 3. No neighborhood opposition. Goldstein noted that a petition has been submitted by Ericson's neighbors who were in favor of the application. Goldstein noted that the Council is obligated to hear testimony upon a request that is unique to the individual property. Goldstein stated that it is inappropriate to look at things in the past or things that might happen in the future, but look at the unique things of the property. .;oldstein stated that the neighborhood pattern is the same as this proposal. Goldstein stated that the Mn Supreme Court have given some direction on how Cities should look upon lakeshore property. 'Goldstein stated that in Gervin vs LaSeur County the following was noted: 1. The lot size requirement, when being applied to lakeshore property, must be applied in a manner designed to recognize the use of the property. 2. when dealing with lakeshore property, standards of the ordinance should be applied to avoid absurd results. MINUTES OF THE REGULAR ORONO COUNCi1, 4K-8-CING HELD OCTOBER 29, 1984. PAGE 18 #811 Ericson 3. Lakeshore property is entitled to special treatment. Mayor Butler stated that the 1-'ity has never approved a subdivision witl, variances. Butler stated that lakeshore property is unique and that is why the City has strict standards regaruiny hardcover. Butler noted tsiat th-: one lot coniui-ns to the code now, but if the City was to allow the division of the lot, the City would be making two substandard lots which is against the City's subdivision regulatioc.s. Councilmember Frahm noted that the biggest detriment to the lake is hardcover. Bruce Goldstein stated that these are two separate lots, so the City is not really talking about a subdivision. Mayor Butler stated that the lots were combined according to Hennepin County. Butler stated that the Ericson's have benefit-ta.l from tiie combination in that the tax assessor assesses the value differently when the lots are co no B.itler stated that, it i5 looked upon as one developed lot. Bruce Goldstein st•ited that tnT Ericson's have n:-vor combined the lots. Goldstein stated that the Cuanty probably thought it would be easier to send uat one tax statement, than tao. John Ericson stated that he has two separate legal descriptions, but it is on one tax statement. Ericson stated that he has a 65' lot and a 60' lot. Ericson stated that he has paid taxes on both lots thinking they were buildable lots. Ericson stated that the garage could be moved, if needed. Ericson stated that when the sewer went in, they put in two stubs. Ericson stated that he only paid for one, because the City didn't do their job when they put in the sewer and the stub that is for the present house is way over by neighbor's driveway. Cricson stated that at that time, he told the City he would pay for it when the City fixed it. Mayor Butler stated that if the City approved this subdivision with variances, there are 43 other properties that would ask for the same consideration. Councilmember Frahm moved, Councilmember Grabek seconded, to request staff to draft a resolution of denial based on the following findings made by the Planning Commission: MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 29, 1984. PAGE 19 #811 Ericson 1. To approve lot area and lot width variances concurrent with a subdivision would establish a negative precedent. 2. The applicant has received tax benefits from the legal combination of Lots 3 and 4 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 give 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 of 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 taxed on an ir,; remental basis, not as a buildable lot. 7. The granting of such variances would change the character of the immediate surrounding neighbor- hood. A. Approval of this variance and subdivision application would be in conflict with the intent of the Zoning Code and Comprehensive Plan of the C i ty. Motion, Ayes (5), Nays (0). #814 JOHN ERICSON 3482 LYRIC AVENUE VARIANCE John Ericson w4 present. Ericson stated that this application has :peen withdrawn. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 29, 1984. PAGE 20 f840 NED DAYTON 2300 NORTH SHORE DRIVE CONDITIONAL USE PERMIT PRD - FINAL SUBDIVISION RESOLUTION 11692 Ned Dayton was present. Alex Jentilucci of 1295 Briar Street was present for this application. Zoning Administrator Mabusth stated that the only problem is with the street name because it conflicts with other road names. Ned Dayton stated that French Creek seems to fit the area because of the French Lake. Dayton stated that it only seems appropriate to name the road name after the plat. name. Mayor Butler moved, Councilmember Flammerel seconded, to approve Resolution #1692, A Resolution Approving the Final Plat of French Creek. Motion, Ayes (5), Nays (0). Alex Jentilucci of 1295 Briar Street presented a letter stating that he would like the drainageway on Outlot B noted on the mylars as an "underground tile 16" wide". Zoning Administrator Mabusth stated that the drairageway is noted on the plat, but that the County would not allow the designation of "underground tile" on the mylars. Councilmember Adams asked who's job it is to maintain this underground the if this tile breaks. Zoning Administrator N;abusth stated that it would be the developer and/or private property owner. Alex Jentilucci of 1295 Briar Street stated that it should be the City that ;maintains the tile. Jentilucci stated that the City has used this tile for the drainage for the whole area. Zoning Administrator Mabusth stated that the City cannot maintain anything on private property. Alex Jentilucci of 1295 Briar Street stated that the City put the tile in on private property so they should have to maintain it. Mayor Butler read ;entilucci's letter as follows: "For the purpose of clarity to avoid any possible future confusion, I feel that the drainage easement located on the northeast corner of Dayton's Outlot B designated...must be indicated on the mylar for the French Creek project as consisting of a '15" underground tile'." MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOPER 29, 1984. PAGE 21 #840 NED DAYTON Alex Jentilucci of 1295 Briar Street stated that the City upgraded the tile that runs across the street. Jentilucci stated that the City should have to maintain the tile if they were going to install it. Councilmember Hammerel asked who put the tile in. Jentilucci. of 1295 Briar Street stated that the older folks in the area say that the City put the tile in. Jentilucci stated that he wasn't here so he doesn't know. Councilmember Grabek asked who replaced the culvert. Public works Coordinator Gerhardson stated that the tile is definitely on private property. Gerhardson stated that the City can't enter onto private property to maintain something that is private. Gerhardson stated that it was repaired or replaced by the City back in 1970's. Councilmember Grabek stated that if the City replaced it, the City should maintain it. Mayor Butler stated that Jentilucci's letter should be filed in the chain of title on Jentilucci':s property, the neighbor's property, and Dayton's property, placing a future cwner on notice of the tile. Councilmember Grabek moved, Mayor Butler seconded, to direct staff to find a solution how the Ci--y can take care of the culvert that. the City put in, to take care of Jentilucci's property so that it doesn't back up, and to ensure that Dayton will maintain his share of drainage on his property. Motion, Ayes (5), Nays (0). #870 GARY VALENTA 1160 TOWNLINE ROAD VARIANCE RESOLUTION #1693* Councilmember Adams moved, Councilmember Hammerel seconded, to approve Resolution #1693, A Resolution Approving a Variance to permit the construction of an attached garage. Motion, Ayes (5), Nays (0). PAYMENT #1 - BUFFALO BITUMINOUS - SEALCOATINGCouncilmember Frahm moved, Councilmember Adams seconded, to approve Payment 01 to Buffalo Bituminous in the amount of $59,087.42 for sealcoating. Motion, Ayes (5), Nays (0). CHANGE ORDER #1 B & D CONTRACTING NAVARRE FORCE MAIN Councilmember Frahm moved, Councilmember Hammerel seconded, to approve Change Order- No 1 in the amount of $2, 800 for the replacement of a storm sewer on County Road 19. Change Order M1 alse extends the completion date of the project from November 15, 1984, to December 15, 1984. Motion, Ayes (5', Nays (0). MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER ".9, 1984..PAGE 22 PAYMENT I R 6 D CONTRACTING NAVARRE FORCE MAIN Councilmember Hammerel moved, Councilmember Adams seconded, to approve P ;ment #1 to B & D Contracting in the amount of $59,57b. Motion, Ayes (5), Nays (0). STREET SECTION REVIEW City Engineer Cook reviewed with the Counci 1 an option for reducing the cost of the Crystal Bay Sewer project by leaving the size of the existing streets the same instead of upgrading them to the required code size. Cook stated that the original estimate for replacing street sections was $363,900 compared with $251,400 if the Council decides to leave the streets at existing width. Cook noted that this is just another method of reducing the cost of the sewer project. Cook's letter is on file at City hall for review by the public. COUNTY ROAD 15 PRELIMINARY PLAN RESOLUTION #1694 Councilmember Adams presented the County Road 15 preliminary plan. Council decided that the shoulders proposed along County Road 15 should not exceed 8'. Mayor Butler moved, Councilmember Frahm seconded, to approve Resolution #1694, A Resolution Approving Hennepin County Preliminary Plan. for County State Aid Highway 15 and Variance Request as Required by MN Department of Transportation. Motion, Ayes (5), Nays (0). INFO LETTER FROM MET COUNCIL* Councilmember Adams moved, Councilmember Hammere? seconded, to approve the information letter from the Met Council regarding the Maple Plain Interceptor. Motion, Ayes (5), Nays (0). INSURANCE SPECS* Councilmember Adams moved, Councilmember Hammerel seconded, to approve the Insurance Specs. Motion, Ayes (5), Nays (0). RESOLUTION #1695 DELINQUENT 1984 ALARM USER FEES* Councilmember Adams moved, ,ouncilmember Hammerel seconded, to approve Resolution #1695, A Resolution Providing for the Collection of Delinquent 1984 Alarm User Fees Charges. Motion, Ayes (5), Nays (0). SALARY ADJUSTMENT LYLE OMAN* Councilmember Adams moved, Councilmember Hammerel seconded, to approve a salary adjustment for Lyle Oman f rom $7 . 25/hr to $7. 50/hr of fective October 22, 1984. Motion, Ayes (5), Nays (0). MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 29, 1984. PAGE 23 ESTABLISHMENT OF REVENUE SHARING SECTION 504 GRIEVANCE PROCEDURE* Councilmember Adams moved, Councilmember Hammerel seconded, to approve the establishment of Revenue Sharing Section 504 grievance procedure. Motion, Ayes (5), Nays (0). SANITARY SEWER CONNECTION GRANT PROGRAM Public Works Coordinator Gerhardson stated that this was for Council's information only regarding the Crystal Bay sewer project grant program. DEFERRED ASSESSMENT POLICY Public Works Coordinator Gerhardson stated that this was for Council's information regarding the Crystal Bay sewer project deferred assessment policy. MUSA LINE DESCRIPTION Assistant 'honing Administrator Gaffron noted the MUSA line and which areas are included in the MUSA line. Gaffron noted that the Crystal Bay area is not within the MUSA line, but the Crystal Bay area is designated in the Comprehensive Plan as an area where future installation of municipal sewer is anticipated. CITY AT'2ORNEY'S REPORT PAUL SMITH UPDATE City At : orney Radio stated that the City has provided a temporary easement to the Powers for their signature. Radio stated that Smith has offered to pay for that easement. Radio stated that once the easement is signed, Smith can proceed to put in the hewer, and then negotiations can begin regarding the permanent easement. WELSH VS CITY OF ORONO City Attorney Radio stated that the City received a favorable report denying Welsh's request for a rehearing on attorney's fees. Radio stated that their only action now is to petition for a certiorari, which is highly unlikely. Radio stated that it is unlikely that the Supreme Court would select this case to be heard. LICENSES* Councilmember Adams moved, Councilmember Hammerel seconded, to approve the licenses for the following: Temporary trailer parking - Navarre Congregation of Johovahs Witnesses - 11-21-84 - 12-4-84 Setup pe-mit -Art Center of MN - 11-27, 28, 29, 30 & 12- 1-84 Motion, Ayes (5), hays (0). BILLS* Councilmember Adams moved, Councilmember Hammerc-1 seconded, that the All Funds Accounts and Liquor Store Accounts be paid. Motion, Ayes (5), Nays (0). MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 29, 1984. PAGE 24 ADJOURNMENT 11:06 PM Councilmember Grabek moved, Councilmeriber Frahm seconded, to adjourn the regular Council meeting at 11:06 p.m. Motion, Ayes (5), Nays (0). Mary C. Butler, Mayor AGENDA FOR COIJNC(I, MEF-rIV..; SF;•r FOR MONI)AY, OC`.TI)dOR 29, 1984, 7:00 P.M. (*1 1`iC 1ST: l;.•r1y •iCia :.Jn'31,11?Ck,il tO 00 COil L1Il? Lti'n3 tt7 b.' i l ;te.l Vp4n i)y on.- "Cloth)" by th•: City Council un•:ier 1-t.-onsent Ite,n* on tile agend..i. Oiscussion will be held upon requI33t. ROLL CALL 1. Continuation of Crystal Bay Public Nearing Rescho duled for �:�.��mber 13, 1984, 7:00 P.M. COUNCIL MEETING 2. CONSENT AGF,'JI1A* AP?RO%' . OF MINUTES O'CT by * 3. —lar Meetinq of. October 15, 1954 PART, ION COYyLNTS CITY OF ORONO LAKE MINAErONKA CONSERVATIOV DIS';RICT REPORT -- Jo511.:?n :i(Irr R,:�pres-:nt•itivl� PLANNING COMMISSION COMMENTS PJBLIC COMMENTS ZONING ADMINISTRATOR'S REPORT 7:30 P.M. 4. #820 Lonie Fisk, 493 Park Avenue - Varian::. 5. #8'_I 3,)'3:3 Ericson, 1620 Shadywood Road - Subdivision and Variance. h. #8.14 John Ericson, 3482 Lyric Avenue - Varian:>-� 7. 4840 N.F.D. Inc., 2300 North Shore nrive - ron4itional Use Permit - PRD - Final Subdivision - Resolution * 3. #870 Gary Valenta, 1160 Townline Road - Variance - Resolution CITY ENGINEER'S REPOR^ +. ?:1YnN11L #1 Buffalo Bituminous - So.-ilcoating 13. Change Order 41, 8 & D Contcicting '4avarre, Force Clain Payment #1, B & O Contracting Navarre Force Clain 12. Street Section Revie4 MAYOR'S REPORT CABLE TV REPORT 'rRANSPORTAT104 REPORT - ('o�inty Roidl 1-) Preliminary P1a:i - Resolution CITY ADMINISTRATOR'S REPORT *14. Inc.)r.naLion l.et-r-e,: from Met Council Re: Maple Plain Force Main *15. Insurance Specs *16. Delinquent 1984 Alarm User Fees - Resolution *17. Salary AdjA.Istment - Lyle Oman Field Inspector *18. Fstabl.i5hment of Revenue Sharing Section 504 Grievance Procedure 19. Sanitary Sewer Connection Gran! Progrism 29. De"erred Assossment Policy 21. MUSA Line Description CITY ADMINISTRATOR'S LETTERS AND MEMOS CITY ATTORNEY'S REPORT 22. Paul Smit! 23. Welsh vs City of. Orono LICENSES (24*1 BILLS (25*1 ADJOURNME:N'r MINUTES OF THE REGULAR COUNCIL MEETIh.; 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 - COUNCIL MEETING members, Grabek, Adams and Hammerel. Councilmember Frahm was absent. City Administrator Benson was absent. City Attorney Radio was absent. Building OCT Hg 1984 and Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, Public Works Coordinator Gerhardson, Finance Director Kuehn, City Engineer CITY OF ORONO Cook, and Recorder Sutton represented the City staff. 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 #3 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 (4), Nays (0). APPROVAL OF MINUTES Mayor Butler stated that under tle Crystal Bay discussion of the September 24, 1984, )uncil 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 MINUTES* Councilmember Grabek moved, Councilmember Hammerel seconded, to approve the minutes of the special budget meeting '.eld October l , 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 REGUU R COUNCIL MEETING HELD OCTOBER 15, 1984. PAGE 2 PUBLIC COMMENTS Don Ulri ck 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 Orono 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. Underlyino road and utilities easement over ►-oad 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 WILLOW PROPERTIES 2600 WAYZATA BLVD PRELIMINARY SUBDIVISION Bill Gagne was present. Zoning Administrator Ma busth noted that this subdivision will be the site for the new Hennepin County Library. MINUTES OF THE REGULAR COUNCIL MEETING HELD OCTOBER 15, 1984. PAGE 3 #806 WILLOW PROPERTIES #846 LEEKLEY'S INC 2500 SIXTH AVENUE NORTH CONDITIONAL USE PERMIT RESOLUTION f1685 Mayor Butler moved, Councilmember Adams seconded, to approve the preliminary subdivision for Willow Properties for a three lot subdivision finding all standards of the RR-1B 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 7%. 3. Payment of park fee for Lot. 1 at $200. Park fees for Lot 2 and Gutlot 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 no that the City will not be held liable. Councilmember Hammerel moved, Councilmember Adams seconded, to approve Resolution #1685, A Resolution Granting a Conditional Use Permit to allow the excavation of a decorative wildlife pond subject to staff adding safety language to the resolution. Motion, Ayes (4), Nays (0). MINUTES OF THE REGULAR COUNCIL 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 Gaff ron stated that chisisa 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 #{1686, A Resolution Granting a Conditional Use Permit and Variance to permit the excavation of a wildlife pond within a designated wetlanus, subject to staff ac I safety language to the resolution. Motion, Aye- A), Nays (0). #856 EDWARD BECK 1280 NORTH ARM DRIVE CONDITIONAL USE PERMIT RESOLUTION #1687 Edward Beck was present. Councilmember Grabek asked staff how they would police this and suggested that this be checked by staff every year rather than checking it in four years. Zoning Administrator Mahusth stated that staff would check with the owner to assure that this use was 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 existin-j 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 #11688, A Resz l.ution Granting a Variance to permit the constructi:..1 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, 1984. PAGE 5 #858 ROBERT HOWELLS 1448 PARK DRIVE VARIANCE RESOLUTION #1689 Mr. and Mrs. Robert Howells were present. Assistant Zoning Administrator Gaffron noted that the Howells want to keep the existing cabin for storage purposes. 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 house 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 above. 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 district 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 540 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 b Lynn Doupan of 2785 White Oak Circle Ray Mary Rasmussen of 2700 White Cak Circle Richard Kling of 2780 White Oak Circle Charles Kelley cf 2710 White Oa'.. Circle MINUTES OF THE REGULAR COUNCIL. MEETING HELD OCTOBER 15, 1984. PAGE 6 #860 FUNK/ROGOSHESKE Charles Kel ley of 2710 v1hi.te Oak 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 2700 White Oak Circle asked that the Council bring the owner of the road, Van Eeckhout, into this discussion and maybe an agreement can be made. Kling stated that Van Eeckhout is willing to sell the road to the neighbors. George Funk stated that the covenants on each lot would restrict construction traffic when the neighboring roads have the road restrictions posted. Councilmember Adams stated that the contractor that 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 ir. 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 de 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 Council to consider taking over White Oak Circle's maintenance. Councilmember Adams noted that the neighbors, the owner of the road, and the owners of this subdivision should get together to resolve the ownership of the road problem and get a homeowners association to maintain the road. Adams felt this should be done before granting any approval to this subdivision. Councilmember Hammerel noted that the CiLy does not have leverage over the owner of the road who is not even in attendance. Charles Kelley stated he would iot like to see preliminary approval given until this road maintenance problem is resolved. Councilmember Grabek advised that i` is not necessary to delay preliminary approval because the plat will not receive final approval if these .natters are not resolved to the City's satisfaction. MINUTES OF THE REGULAR COUNCIL MEETING HELD OCTOBER 15, 1984. PAGE 7 #860 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-1B zoning district and On -Site Septic Code have been satisfied subject to the following conditions: 1861 STEVEN PAULY 3980 DAHL ROAD VARIANCE RESOLUTION 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 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. Mr. and 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 the 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 be in this area. Adams stated that the applicant should make a trade off 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 13, 1984. PAGE 8 #862 WILLIAM BOWMAN 10 WILLOW DRIVE SOUTH VARIANCE RESOLUTION #1690 William Bowman was not present. Assistant Zoning Administrator Gaffron 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 (4), Nays (0). APPEARANCE - CHUCK HENKE 3536 LYRIC AVENUE Chuck Henke was present. Zoning Administrator Mabusth stated that Mr. Henke has been invited to the Council meeting to discuss the code violations on this property and to find out if his residence is being 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 make Henke move out. Mayor Butler noted to Henke that he was informed when he signed off on the temporary certificate 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 foundation is unsafe. Zoning Administrator Mabusth stated that if Henke 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 bouqht 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 approached 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 hasn't started new house plans to meet the state code, then staff is to proceed with condemnation of the building. 'lotion, Ayes (4) , Nays (0) . BID AWARD TRUNK HIGHWAY 12 SANITARY SEWER REPAIR i 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 & Ditch Grading Project. Motion, Ayes (4), Nays (0). CHANGE ORDER - HANDICAPPED ACCESS - PRECINCT #3 City Engineer Cook noted that the work has been completed. Mayor Butler moved, Councilmember Hammerei 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 Construction. Motion, Ayes (4), Nays (0). RESOLUTION #1691 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 COUNCIL MEETING HELD OCTOBER 15, 1984. PAGE 10 RESOLUTION #1691 Mayor Butler moved, Councilmember Adams seconded, to approve Resolution #1691, A Resolution Requesting a Variance From Current Municipal State Aid Standards. Motion, Ayes (4), Nays (0). Mayor Butler moved, Councilmember Hammerel 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 he 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 & 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 Co. Motion, Ayes (4), Nays (0). ORDINANCE NO. 8, SECOND SERIES - COUNCIL SALARIESGrabek 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, Mayer Butler seconded, to deny the donation request from the MN National Guard Enlisted Association. Motion, Ayes (4), Nays (0). MEETING WITH HENNEPIN COUNTY - FALL SALES RATIO STUDY Mayor Butler announced that the Hennepin County Assessor wishes to meet with the Council to talk about the 1984 Fall Sales Ratio Study sometime on October 16 or 17, 1984. LETTER FROM ROLLINGS - RE: CRYSTAL BAY SEWER Grabek moved, Mayor Butler seconded, to accept the letter from Virgil and Corinne Rollings dated October 3, 1984, regarding their opposition to the assessment for the Crystal Bay Sewer Project . Motion, Ayes ( 4) , Nays (0). MINUTES OF THE REGULAR COUNCIL MEETING HELD OCTOBER 15, 1984. PAGE 11 FUNDING DENIAL - CRYSTA'.BAY SEWER Grabek moved, Mayor Butler seconded, to approve Public Works Coordinator Gerhardson's memo regarding the funding denial for the Crystal Bay Spwe-- Proi.-ct. Motion, Ayes (4), Nays (0). LETTER OF RESPONSE TO MCWILLIAMS LETTER TO GOVERNOR PERPICH C-rabek moved, Mayor Butler seconded, to r.ccept the letter of response from the M24 PCA to LaDean McWilliams regarding funding for the Crystal Bay Sewer Project. Motion, Ayes (4), Nays (J). 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* Councilmember Grabek moved, Mayor Butler seconded, that the All Funds Accounts and Liquor Store Accounts be paid. Motion, Ayes (4), Nays (0). ADJOURNMENT 10:51 PM Mayoz Butler moved, Councilmember Grabek seconded, to adjourn the regular meeting at 10:51 p.m. Motion, Ayes (4), Nays (0). ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor r J/ To: Walter R. Denson, City Administrator From: Jeanne A. Mabusth, "Zoning Administrator COUNCIL MEETING Date: October 25, 1984 Subjects #820 Lonnie Fisk. 493 Parr Avenue - OCT 29 Variance CITY OF ORONO List of Exhibits: E_xhibi t F; - Roffman'-. Table of Approved Variance- (1-12-76 thru 11-14-78) Exhibit D - Affidavit of Curtis Robert Fisk Exhibit C - Affidavit of Lonnie Fisk Erchi bi t. D - Traffic Analysis - James A. Benshoof Exhibit E - Cook's Letter Confirming Adegt.;acy of Sewer Exhibit F - Ronald Batty's Position Paper - Exhibit 6 - Garth Coller's Rebuttal To That Same Position Paper E::hibi.t H - Neighbor's Study of Vacant Lots Within The LR-iH Zoning District - Slamitted by Don & Cathy Meyer Staff would like to take this opportunity to thanl� Mrs. Meyer and Mrs. Bradly for the many hours spent in working on the vacant lot Study. At your September 10, 1984 meeting Council ast-:Ed for the following information: 1. Study of all vacant lots in the I acre zoning district -- submitted by neighbors in Minnetonka Summit Part: neighborhood. 2. Review of all lot area - width variances reviewed by the City from the present back to September 1977 - report by Orono staff. 3. Report of traffic engineer - submitted by applicant s consultant - Mr. Benshoof will be present at. the October 29th meeting to respond to questions. 4. Formal position of neighbors in opposition to riance application - submitted by their attorney, Ronald Patty, as suggested by Malkerson. Report on lot area - width variances from September 77 to presont: Total Applications - 49 46 Approved Denied 1 C►CJ-80 80-6(- 60-40 40-24) 1 approved 16 approved 20 approved 7 approved 2 approved 46 (*1) 1 denied (*2) 1 denied (*') 1 denied = 3 (*1) #635 Alden Anderson (conceptal denial - formal resolution not adopted) rural property did not meet area and width requirments. (*2) #706 Home Builders of American (conc.C'ptual denial - formal resolution not adopted) shape of lot, lakeshore setbacks and travelled Cite road creating an "unbuildable envelope" would need setbacl:: variance. 11,400 s.f. - req. s.f. (*?) #345 Arthur h1. Hintz - assessed valuation reflected not a buildable lot, not assessed a sewer unit, unbuildable envelope because of depth of lot and 1 akeshore setback - 8,C►('►U s.f. - req. 21,78C) s.f. I have i-loci enclosed a table of approved variances referenced by Mr. Hoffman, compiled by his office for the Noble variance apr)lication. Note that many of the applications involved sL-tback or hardcover- variances along with lot area and lot width variances. Some of them you may remember back to 1977 or 1978 wheri the State Building Code Division repeated the section of the code that required a new review ( if lot was found substandard) if the repair to ,an existing structure totaled more than `-10 of the current assessed market value of the structure. Today reviews like this merely involve setback , hardcover variance. Current lot area and lot width applications involve vacant lots or lots that contain seasonal cabins or partially destroyed, uninhabited principal structures. My review considered froth sewered end unsewered properites. Another poi rit that I found of interest as 1 proceeded with my review was that most applicants would either formally withdraw their applications or fail to appear before Council when action was scheduled if denial appeared inevitable. Such as the Anderson - formal withdrawal and American Homes - postponed until future date. L3 The City has denied variance appl i cat i one +,lr lot area and lot wi d th (or rather attempted to deny) for the following reasons: 1. Restricted building envelope. 2. Property never assessed for s•ewor. 3. Stubs never provided. 4. Assessed market value sun --gists unbui1dable lot. 5. Land lathed - inability to provide legal access. h. Shape of lot. 7. Topography thz�t would inhibit construction or safe access to site. As to the question the integrity of the zoning code ,-.,ni the LR-IB zoning district. There is no question that r'Ecent develi--rif,•:lnt within the Minnetonka Summit Pert:: neighborhood shows development at a lower density in comparison to the high density development of the seasonal cabin dwellers of the 30's and 44's and the uncontrolled development of the 50's and early bi"r's. Will the Courts uphold the City's attempt to maintAin the "integrity" of the pattern of current development for a given neighuorhood" How does sewf.�r .affect the Court's position'." Remember the case references in Batty's review (D-L-dering vs. Johnson) involved rural property. The %it; has always felt secure in the denial of similar applications involving rural/unsewered properties. have made arrangements: for the applicant. neighbors and attorneys to recieve copies of this final packet. Council members are ast:.ed to contact Staff prior to the meeting night if additional information is required or if members have ary questions. Council is to give conceptual direction to staff. The resolution will be drafted and press?nted for Coucnil action for your meeting of November 1-, 1984. 1 f. n 1/10/77 195 2799 Casco Point road Lot width 1/10/77 206 4280 Watertown Road 1) Lot area 2) Lot width 1/10/77 207 1040 Townline Road Lot width 1/10/77 214 116 West Ferndale Road 1) Lot area 2) Lot width 3) Side yard setback 4) Lakeshore setback 5) Secona story addition over ti existing garage 1/10/77 215 780 Tonkawa Road 1) Lot area 2) Lot width 3) Side setback 1/10/77 216 1199 Elmwood Avenue 1) Lot area 2) Lot width 3) Right-of-way setback for existing garage 2/14/77 224 3560 Ivy Plate 1) Lot area 2) Lot width 3) Side setback 4) Lake setback 2/14/77 228 469 Tonkawa Road 1) Lot area 2) Lot width 2/14/77 21 100 Orono Orchard Road 1) Lot area 2) Lot width 2/28/77 226 3779 Casco Avenue Lot area 2/28/77 231 190 Cygnet Place 1) Lot area 2) Lot width 3/28/77 240 4496 Northshore Drive Lot area 4/25/77 237 3450 Ncrthshore Drive Setback 5/9/77 251 2100 Weober Hills Road 1) Lot area 2) Lot width 5/9/77 252 2605 Lydiard Circle 1) Lot area 2) Lot width 5/23/77 249 4799 Tonka View Lane Lot area 4. EXHIBIT Earlier Variances Granted in the Citv of Orono: Case Date Number Address Variance(s) Grantee: 1/12/76 3245 Carman Road Side setback 1/12/76 1055 West Ferndale Road 1) Lot area 2) Lot width 3) Front setback 1/26/76 650 north Arm Drive 1) Lot area 2) Street setback 1/26/76 2975 Casco Point Road Side setback 1/26/76 4025 ►:atertown Road 11, Lot width 2) Side setback 3/22/7-5 1200 Wildhurst Trail 1) Lot area 2) Lot width 4/12/7G 3755 Bayside Road 1) Lakeshore setbac-. 2) Front setback 4/12/76 7045 North Arm Drive 1) Lot area 2) Lot widtn 5/10:76 601 Minnetonka Hick- Lot area lands Lars 5/10/76 235 Crestview Avenue 1) Lot area 2) Front setbac!. 3) Side setback 5/10,E 7h 1430 Cherry Place 1) Front setbac:: 2) Side satoack 5/10/70' 1462 Park Drive Setback 5/10/76 384 Da;:ota Avenue Lot area 5/10/76 951 sp:inghill Road Lot setback E/14/76 1085 Brown Road South 1) Lot area 2) Lot widtn 3) Side setbac A 23,76 2530 Casco Point Road Lot width 7/26/76 Big lslana 1) Lot area 2) Lakeshore setback 3) Street setback 4) Hard cover 7/26/76 1020 Tonkawa Road Lot wiatn 8/9/76 1359 Park Drive Side setoack 8/9/76 4200 North Shore Drive Lot width 8/9/76 1345 North Aran Drive Setback between structure 8/9/i6 11945 Fagerness Point Rear setback Road 8/9/76 1360 dine Place Lot area 8/9/76 840 Old Long take Roac 1) Lot area 2) Roau setback 8/9/76 2711 Kelly Avenue 1) Lot width 2) Lot area 8/9/76 3243 Casco Circle 1) Lot area . , 2) Lot width 8/9/76 1940 Concordia Street Setback 8/23/76 1440 Laldur Park Roar, 1) Side setb4ch 2) Street right-of- way setback 8/23/76 1380 Rest Point Road Unspecified 8/23/76 4500 Northshore Drive Lot area 9/13/76 168 1179 Elmwood Avenue 1) Front setback 2) Side setback 171 630 Park Lane Unspecified 9/27/76 174 2700 Casco Point Roac 1) Lot area 2) Lot width .3) Side setback 9/27/76 178 4099 Highwood Road 1) Side setback 2) Street setback 180 3640 Baside P.oad Right-of-way setbacK 181 1085 Brown Roac, South Side setback 2. I 10/12/76 li9 4445 North Shore Drive 1) Lot area 2) Lot width 10/25/76 184 2425 Scotch Pine Lane 1) Lot area 2) Lot width 3) Side setback 4) Street setback 10/25/76 185 1442 Sho�.elince Drive 1) Lot area 2) Lot width 3) Side setback 4) Lakeshore setback 10/25/75 188 1304 Elmwood Avenue 1) Lot area t 2) Side setback 10/25/76 191 2285 Webber Hills Road 1) Lot area 2) Lot width 3) Front setback 11/8/76 177 2925 Casco Point Road Side setback 11/8/76 187 1342 Crest Point Circle 1) Street setback 2) Side setback 11/8/76 189 2447 Carman Street 1) Lot area 2) Lot width 11/22/76 194 4685 Northshore Drive 1) Lot area 2) Lot width 11/22/76 196 2314 Shadywood Drive 1) Lot area 2) Lot width 3) Side setback 4) Rear setback 11/22/76 197 2700 Ethel Avenue 1) Side setback 2) Additional structure allowed on lot which is too small an area 11/22/76 198 1965 Country Club Road 1) Lot area 2) Lot width 12/13/76 203 10^s Herritage Lane 1) Lot area 2) Lot width 3) Side setback 4) wetlands setback 12/13/76 208 585 Old Crystal Bay Rd. Lot area 1/10/77 164 1121 Elmwood Avenue 1) Lot area 2) Lot width 3. 5/23/77 256 1350 Vine Place 1) Lot area 2) Lot width 6/13/77 259 2967 Casco Point Road 1) Garage sethacK from house 2) Front setback 3) Side setback 6/13/77 263 1442 Park Drive 1) Lot area 2) Lot width 3) Front setback 6/13/77 268 185 Bederwood 1) Lot area 2) Lot width 3) Front setback 4780 North Arm Drive W. 1) Side setbacK 2) Lot area 3) Lot width 4) Rear setback 6/27/77 271 700 North Arm Drive 1) Lot area 2) Lot width 6/27/77 272 1179 North Arm Drive 1) Lot area 2) Lot width 3) Street setback, 6/27/77 274 537 Park Lane 1) Lot area 2) Lot width 7/11/77 250 920 Forest Ar.rs Lane 1) Lot area 2) Lot width 7/11/77 276 1) Lot area 2) Lot width 7/11/77 277 473 Tonkawa Road Lot area 7/11/77 279 9404 Forest Arms Lane Lot area 7/11/77 280 2175 Shevlin Drive 1) Lot area 2) Front setback 7/11/77 283 1325 Vine Place 1) Lot area 2) Lot width 3) Front setback _.26/77 298 1065 North Arm Lane 1) Lot area 2) Lot width 9/26/77 301 1015 Linden Lane 1) Lot area 2) Lot width 5. 9/26/77 302 3185 Northshore Drive 1) Lot area 2) Front setback 9/26/77 305 1180 Lyman Avenue Lot area 9/26/77 314 2425 Scotch Point Lane Front set -back 10/24/77 321 341 Westlake Street 1) Lot area 2) Lot wiatn 3) Side setback 4) Reyuirea distance between structures 10/24/77 315 960 Forest Arms Lane 1) Lot area 2) Lot widtn 10/24/77 316 4766 North Shore Drive 1) Lot area 2) Lot wiatn 10/24/77 328 3965 Watertown Road 1) Lot area 2) Street setback 3) Side setback 11/14/77 327 1422 rRal_cur Park Road 1) Lot area 2) Lot width 3) Lake setback 4) Side setback 11/28/77 335 280 Tonka Avenue 1) Lot area 2) Lot widt 3) Street setback 12/12/77 339 2414 and 2416 Carman 1) Street setback Street 2) Rear setback 3) Lot area 3/16/78 349 4460 North Shore Drive 1) Lot area 2) Lot width 3) Lakeshore setback 4) hard cover 3/16/78 353 3765 Togo Road 1) Lot area 2) Lot width 3) Rear setback 4) Side setback 4/13/78 361 1225 Shoreline Drive 1) Lot area 2) Lot wiath 3) Setbacks 7/15/78 374 1265 Elmwood Avenue 1) Lot area 2) Lot width 3) Street setback 4) Siae setback 6. M. 7/15/78 382 4685 North Shore Drive 1) Lot area 2) Front setback 7/11/78 396 1790 Shadywood Road 1) Lot area 2) Lot width 3) Side setback, it required 4) Hard cover 7/25/78 401 4055 Elm Street 1) Lot area 2) Lot width 11/14/78 430 1121 Elmwood Avenue 1) Lot area 2) Lot width 3) Front setback 7. e In Re: Variance Application of Lonnie Fisk STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) says: AFFIDAVIT OF CURTIS ROBERT FISK CURTIS ROBERT FISK, being first duly sworn on oath, deposes and 1. That I reside at 40 Lakeview Avenue, Tonka Bay, Minnesota 55331. I. am competent to testify as to the matters stated herein and do so based on my own personal knowledge and to the best of my ability. 2. That my son, Lonnie Fisk, desired to purchase certain property (the Property), located at Park Avenue and Oak Street, in the City of Orono (:he City) which Hennepin County (the County) offered for sale because of a tax forfeiture on said Property. 3. That, prior to the purchase of the Property for my son, Lonnie Fisk, I had no notice that there might be zoning defects relatirg to the Property. 4. That I never signed any disclaimer for the benefit of the City, the County, the State of Minnesota, or any other governmental entity, acknowledging that there might be zoning defects relating to the Property. FURTHER YOUR AFFIANT SAYETH NO?'. Q Curtis Robert Fisk Subscribed and sworn to before me this Zf. !LL day of 1984._ .«` MAFtIIYN Z JANZ N01AAV PUDOC — MiNNES01A otary u lc /��` HENNEPIN COUNTY v,�.: M, Co#um.u#on E■P,ves 5e01 17. I M G In Re: Variance Application AFFIDAVIT OF LONNIE FISK of Lonnie Fisk STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) LONNIE FISK, being first duly sworn on oath, deposes and says: 1. That I reside at 723 Water Street, Apartment 103, Excelsior, Minnesota 55331. I am competent to testify as to the matters stated herein and do so based on my own personal knowledge and to the best of my ability. 2. That I desired to purchase certain property (the Property) located at Park Avenue and Oak Street in the City of Orono (the City) which Hennepin County (the County) was offering for sale because of a tax forfeiture on said Property. 3. That, prior to purchasing the ^roperty, I had no notice that there might be zoning defects relating to the Property. 4. That I checked with an official of the City, who did not inform me that there were zoning defects with respect to the Property. FURTHER YOUR AFFIANT SAYETH NOT. r cd nnie Fisk Subscribed and sworn to before me this /.I Yx day of "T14CO-1 1984. Kota y u ic/ �..� MARILYN Z JANZ 777I!llp��'[`,�Zl•�i NOtARv PUBIiC — MOMESOTA HENNEPIN COUNTY �` Mr C"^ Seri 17. ISM �/eNNMNNW�N D BENSHOOF AND ASSOCIATES TRANSPORTATION PLANNING AND ENGINEERING CONSULTANTS 7901 FLYING CLOUD DRIVE, SUITE 119I EDEN PRAIRIE, MINNESOTA 553441 (612) 944.7590 October 22, 1984 MEMORANDUM RErEnTOFILE 84-34-51 TO: Lonnie Fisk FROM: James A. Benshoofy SUBJ: Traffic Analysis for Proposed Home at Park Avenue and Oak Street in City of Orono, MN As requested by Garth Colter, we have completed a traffic analysis for your proposed home at Park Avenue and Oak Street in the City of Orono. The basic question addressed is: Would the adjacent streets safely accommodate the trice to and from your home without adverse effect3 on existing traf- fic or on nearby development? o address this question, I observed roadway and developmc t conditions in the neigh- borhood and have applied standard engineering analysis procedures. Presently, the neighborhood in which your home would be located contains 11 dwelling unit. Oak Street, from its intersection with County Highway 135, provides the sole means of access for these homes. Utilizing a typical trip genera- tion rate of 10 vehicle trip ends per dwelling unit per dayl, the neighborhood presently generates about 110 vehicle trip ends per day. This means that the volume on Oak Street just west of County Highway 135 is about 110 vehicles per day - 55 entering the neighborhood and 55 exiting. The potential traffic effects of your home have been analyzed in the context of these existing conditions. Major traffic items of importance and the associated effects of your home are as followE: l "Trip Generation", Institute of Transportation Engineers, 1983 0 Mr. Lonnie Fisk -2- O:tober 22, 1984 Major Traffic Item Effect of Home Of Importance Proposed by Lonnie Fisk _ Ability of the Oak The home would add 10 daily vehicle Street/County Highway trip ends through this intersection. 135 intersection to These trips represent an increase effectively accommodate of nine percent to the existing neighborhood traffic. volume on Oak Street and an in- crease of just two percent to the existing total volume through the intersectionl. Three additional dwelling units potentially could be developed on other lots in the neighborhood. The resultant addi- tional traffic on Oak Street just west of County Highway 135 would be 20 to 30 vehicles, depending on whether a future home on lots 1, 2, 15, and 16 of block 1 would gain access t- Park Avenue or County Highway 135. The intersection of Oak Street and County Highway 135 has ample capacity to accommodate the volume increase associated with the Fisk home and the other poten- tial homes. The intersection pre- sent)y operates at level of service A, the best quality of traffic operation, and will continue to provide this level of service after development of the Fisk property and other potential homes. Ability of Oak Street It is understood that the home in '1ront of home to would have its driveway to Oak safely accommodate the Street, near the west property projected traffic. line. Seven existing homes are served by this portion of O-k Street, with the associated traffic being about 70 vehicles per day. Given this limited volume and the given the effective sight distance at the driveway location, it is concluded that the proposed dri- veway would cause no adverse effects on existing traffic on that portion of Oak Street. With an existing volume of 490 vehicles per day on County Highway 135, the total existing daily volume through the intersection is 545 vehicles and would increase to 555 vehicles with your home. 0 Mr. Lonnie Fisk -3- October 22, 1984 Considering the above findings, we conclude that the street system will safely and effectively accommodate the trips to and from your proposed home, with no adverse effects on existing traffic or nearby development. 1� � f •♦A'aYaf 7T /i�f�Z fit 7T�f ♦�i:.. AnU A Gwdrrw, Ill, A,,IhA -di.. R.mnuDo. P L.. ! hwrlu E Abyr., PI p N�l►rr w R.,~ P! At. Amd NIww. P1. NnMn 6 SA-, At. P f 1�J335 V. /..—A X.pl..y 36 11.ed1­1 a Lrnrhrrr. P! we'- I .Sor.uln, PE l l."W'. P E. IN--hl ( Br. wdr. P.E (N".., PE Jr n A Hnardan. PE. /2A.... 612 - 636•k600 A(.'A A I a.n , P E Ted A fwld P f A(n A.rl I lr.­enn Pf Rolm R P/rffr k, P E /bud n La kw., PI Ch.rle, A F,�Awn IL.Arn ,N Oenn October 24, 1984 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Ms. Jeanne Mabusth Re: File No. 139 Lonnie Fisk Dear Jeanne, We have reviewed the sanitary sewer use in the Minnetonka Summit Park Neigh- borhood and find that there is capacity available in the system for the addi- tional unit proposed. Yours very truly, BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. Glenn R. Cook GRC:li 4140c F 2;00 First Bank Place West ': nnesoolis 1.1 nnesots 55402 "4 eolone (612) 333.0543 'e ecooler (612) 333.0540 a;'criL LeFevere -eTert P Leger . Der•n,90Brien E Drawt �a t Ker.nedy 8 Dean 5 er E Purdue 181d J Schleffer :-a•esL LeFevely -e•^.e•t P Lefler III .e-ey,t Strand '.'i SjOrklund Kressel � 1. e •a!an L Lavorat0 :18eA Nash _ a" _ ?hce ••a "e S Clugq .a —es. T^omson. Jr .a"is►J strommen _ He„ ."a Batty LeFeil 1A4111-t (YRI-it•11 x iota„ , t•Illtl\\i1111.1� ,\4M I.IIM 111 October 17, 1984 Ms. Jeanne Mabust.?' Zoning Administrator Citv of Orono P. O. box 66 Crystal Bay, 55323 OCT 17133 Honorable Mayor and Members of the Orono City Council: As you are well aware, the City Council on several occasions within the last six months has considered the variance request of Lonnie Fisk for property he owns in the Summit Park area of Orono. Considerable opposition has been expressed by a number of the current residents" of that neighborhood and the Council is scheduled to make a decision regarding the request at its October 29, 1984 meeting. Our firm represents the neighbors Who are in opposition to Mr. Fisk's variance request. The intent of this letter is to outline those issues which we believe are significant and helpful to the Council in reaching its decision. A. Burden of Proof Courts are unanimous with regard to the fact that the applicant for a variance has the burden of prooi. It is clear that a zoning regulation should be upheld unless the proponent of the variance is able by convincing evidence to demonstrate that the variance is justified. Failure to provide this proof or presentation of a questionable case should result in upholding the ordi- nance and refusing to grant the variance. The Minnesota Supreme Court stated that a heavy burden is imposed on an applicant for a variance to show that its grant is appropriate. Luger v. City of Burnsville, 295 N.W.2d 609 (1980) at 612. We believe this is a signifi- cant point to underscore because there have been suggestions that, at least at this point in time, the burden is on those in opposition to this variance to Ms . .,eanne Mabusth October 17, 1984 Page 2 prove that it should not be granted. This is a reversal of the usual position and one which can result in an improper. dec;.sion. Only if the applicant can convince the Council that a variance is needed to remedy a wrong in hia particular -se should the variance be granted. A correlary to t.;is is that there exists a balance between the hardship demonstrated and the variance which is justified. Small deviations from the standards of an ordinance may be justified by a relatively small degree of hardship, while larger variances logically require a greater shoving of har' hi,. The present case, which involves a request to zenuce the lot size to one -quarter of that which is required by the ordinance, must be considered a very substantial variance. Accordingly, tbv burden on the applicant to demonstrate his need is vert high. L. Self-Credted Hardship It is clear from a reading of case law that a variance is an inappropriate remedy when the hardship comp!ained of. is self created, i.e., wher the applicant for the variance put himself in the position from which he now seeks relief. A Lituation similar to the one at hand is illustrated in the Illinois case of Goslin v. Zonina Board of AI)peals of the City of Park F- ge, 351 N.E.2c 299 I Ir that ease, a ui _.er and developer purchased a lot wl•.,:'h contained approximately one-half the required front jotage and lot area and then sought 1. variance to dsvelop *-ne substandard lot. He indicated to the Board of Z•.. ,; *wcals that he had approximately $4,500 invested ::. the lot. lie also admitted that he had recs.d an offer to purchase the properc.y from an adja, -nt lct owner for $4,500 but had rejected it and demanded approximately twice that amount. In ups wing the Zoning board's denial of his request, the ' Court statP3 "petitioner has ccliberately and placed hime;elf in the position of which he iF plaining.1 Id. at The Illinois Court' suggested thi"t a person who places himself In of needing i v,iriancv is unlikely to recei J t`)etic hear-i -.a regarding that request. me issue of sel ` creata-�' -cas;.ip is one v• r^ceived conside .Lle attent, fr.,m the courts and the outcome often eepends on the details of the case. Ms. .Te anlie Mabu: Fl October 17, 19R4 Page 3 Howevei, courts are most likely to support granting a vari.ar,ce when it is shown that thr, anplican t has owned the property for a considerable period of time, Frefcfably since prior to the adoption of the zonir:y ordinance. The courts have not looked favorably tipon person who have: recently acquired prcperty or whose (,.,i ectiA,ris have placed themselves in a rositi.on of needing a variance. In the current case there is some c'ispute with regard to what the applicant knew prior to purchasing the lot at the tax forfeit sale. The applicant has indicated that he spoke to an unidentified person at City Hall who said that there would be 'no problem" with developing the lot. However, the Zoning Administrator indicated in her report of April 18, 1984, that she told the applicant that a variance would be nece,--.ry. Such a statement would indicate that the lot was not buildable as of ri(jht. The sequence of these answers is unclear but the clear implication is that Lre applicant realized or shc:uld have realized prior to purchasinc; the lot that Yle might not be allowed to develop it. Perhaps the more re'-evant question would be what would a prudent person in the e.pplicant.'s position do to estab- lish the builaability of the lot. what a reasonable perscri would do under such circumstances r.et)ends on a number of factors, including the general f. i.arity of the buyer wit development oract )ugh pro- perties go ta> `crfeit for a nur. rea .,s, one of the primary causes is that the 11 iot developable. Anyone who acquires a property or. ..rfeiturc should _.aspect this as a problem arid dig .,tly research the issue. 'Phe applicant has placed himself at risk by his own actions and shoul6 not now be able to use that as a reason to short circuit the normal evaluation process required by the Council for all variances. The courts in New York hi,,e also dealt with this situation frt:Iuently and have adopted a position which is not sympathe'_ic to that of the present applicant. In Cowen v. V'e:.n, 363 N.E.2d 305 (N.Y. 1977), a variance app-Meant 0,ased ut a tax sale a property which cont:ineo approximately theee-quarters of the required lot .:e3. Commentn the question of self created hardship, she Cour I "moreover, the manner in which petiti­: er acquirer. property, by purchase at a tax F Ms. Jeanne Mabusth Cctober 17, 19F" Page 4 sale, indicates that any hardship was willingly assumed . . . Hence, economic loss, if there be anv, was self -implied and self-created." Icy. at 309. C. Uniqueness of the Proper Courts have generally required as a condition of granting a variance that the property in auestion be unique. While the 14teral meaning of that word is virtually never imposed, it dots, imply that the problem for which the applicant seeks a remedy pertaining only to a small class of properties. It should not be - problt„, which is common in the neighborhood or t:roughout the city. Essentially, variances should rerr,;dy those problems which do not quite fit the general sclienie of things. They arf designed to take care of th_- fact that no ordinance, however well drafted, can adiress: every situation which will arise. They should allow a degree of flexibility in a document which must suit a changing community. Variances should not be the means of correcting problems which are widespread or which are clearly known at the time of the adoption of the ordinance. If a problem is both common and well known, the. appropriate remedy is an amendment to the ordinance. The present case is one which cannot be called unique even under a liberal interpretation of that word. There a- at least three additional substandard lots in this immediate neiahbonceod as well as numerous ,uch lots throughout the City of Greno. They are not a iew pheno- menon. They are the result of old viats being in conflict with a 1975 zoning ordinance. It should come 3s a surprise to nc one today, as it must not have surprised anyone when the, current ordinance was adopted, that there are numerous sub,_-tandard lets throughout the Cit, The ordinance acknowledges this in a partial manner in $10.03, subd. f by allowing parcels which are one acre or smaller and for which sewer is available to Le developed as of right if they are within 80% of the required fror:tage and area requirements. This lot, of course, does not qualify under those coriditiorrs, nor do many other lots throughout the City. When an issue is as widespread as is this Dne, it seems preferable to address it by an amendment to the ordinance. Ms. Jeanne Mabusth October 11, 1984 Page 5 D. Precedent There has been considerable discussion regarding previous actions by the City Council pertaining to substandard lots, and specifically whether the Fisk variance repre- sents the largest deviation from lot area requirement ever considered by the City. Ths• Council recently asked staff to produce additional information or. this matter for the October 29th meeting and, hopefully, this will allow a clearer understanding of the facts. Regardless of the above, a few comments regarding prece- dertt seem appropriate at this point. The first of these is to note that precedent need not be followed blindly. All decision makers recognize that policies established in the past are sometimes recognized to be in error or that changed conditions have rendered old practices no longer appropriate. wt-en this is appreciated, new policies may be initiated even when they run_ cou.►ter to established ways. Secondly, it appears safe to say that the Council hGs on a number of previous occasion:: considered variance requests for substandard lots. what is uncertain is the degree of clarity with which those previous cases were presented. It may well be that in many of those previous cases, especially if they were uncontested, the signifi- cance of the request was not fully evaluated. This is to be expected with a busy agenda. However, the present case has illuminated the issues starkly ar: has served to make the City aware of the implications of its actions. As a result of that fact, it will be much more difficult for the City to depart from the precedent it sets with the present case than from those variance requests which have preceded it. In addition, the Council must consider to what limit it is willing to allow the precedent argument to take it. In the present case an applicant has requested a variance for two substandard lots which are being considered as a single developable parcel. What if, instead, only a single undeveloped lot was the subject of the request and the lot area was one -eighth of an acre instead of one -quarter? Would the Council feel compelled to grant a variance under those circumstances-? This strongly suggests that there must be some point after which the City must determine that, regardless of the fact that the F Ms. Jeanr:e Mabusth October 17, 19f4 Page 6 lot or lots were originally buildable sites, the passage of time or change in development patterns have rendered them simply too small to be built upon today. We suggest that a request to build on a parcel which is less than one -quarter of the required size is Leyond that point and ore which merits denial. E. Health, Safety and Welfare Implications There has beer. much Jis..ussion during previous Council meetings regarding the ianpact the proposed variance will have upon the health, safety and welfare not oT'_v of toe imniedie.te neighborhood but of the City as a wnole. We suggest that there are two respd,,ises to this issue. The first is to acknowledge that any increase in development will have some impact on a neighborhood when, as here, there are a number of un6eveloped situ in the neighbor- hood. This is a neighborhood which has only a single outlet and in which the streets are quite narrow. Development on substandard lots dill place an amount of traffic onto these streets which is ir: excess of what could be anticipated from development accoreng to the standards of the zoning ordinance. More basically, however, we believe that the implication:: of development of suhstar:dard lots is a matter which has alread-y been determined by the City. By establishing lot area requirements and other development standards, the City has established a density ccf development which it believed was optimal for this neighborhood. It iss obvious that allowing development to occur on quarter acre parcels would quadruple the residential density over that which was anticipated when the area was zoned for one acre sites. We believe that mane of the comments with regard to this issue which have been made at pre- vious Council meetings would be more appropriate in the context of a discussion regarding the adoption or amend- m,:!nt of a 7oninq ordinance. While the merits of development on quarter acre parcels is cper, tc discus- sion, it is a discussion which should be had by th,} City Counci: in its capacity as the author cf the zoning ordinance. Presumably, had the Council wished tc see development occur in Orono on parcels of that size, it would have written the zoning ordinance according!%,. However, the Council has chosen not to allow development to occur in this neighborhood at that density. The most logical assumption which ca.. be drawn from the Counc:l's Ms. Jeanne Mabusth October 17, 19E4 Page 7 action is that any substantial deviation from development at one unit per acre would not be in the best interests of the neighborhood or the City as a whole. Therefore, the City Council itself has given dr. answer_ to the question regarding the health, safety and welfare of the neighborhood and the community. If the Council chooses now or in the future to change that develorm.Ent standard, the appropriate mechanism for doing so is an amendment tc the zoning ordinance. F. Status of Lots As A Non -Conformity In reaching its decision on this matter, the Planning Commission listed as one of its findings that the pro- perty had previously been used for residential purposes. It is true that there was at one time a small house on the property, the foundation of which still exists. Pad that house survived, its right to continued use would have been recognized and protected by the ordinance. However, the house was abandoned and later razed. with its destruction went whatever non -conformity characteristics may have bean present. Thereafter the lot was and should be considered vacant. The fact that there was a house,= on the lot many years ago should to ignored for the purpo,,e of this application, This also .serves to distinguish t::c case from several others wherein the owners of small houses on substandard lots have sought to rebuild them. G. Consequenc-es of Denying the Request TI)c applicant has sucge:.ted that the Council has no choice but to grant his request because to fail to do so renders his property unusable for any purpose allowed by the zoning ordinance. I,i addition to the fact that this is a result of a self created situation, such an analysis incorrectly implies that things are black or white. There is an alternative use to this property, which is smelling it to an adjacent property owner. This is sometimes more of a theoretical alternative than a real ,one iS no buyer can be found. However, that is not the case in the present situation. Mr. Don Meyer, owner of as adjacent property, has repe-itedly incicated to tor. Fisk his willingness to purchase the lots. Mr. Fisk has rejected Mr. Meyer's offer and insisted upon a higher price. While no one wishes to compel Mr. Fisk t<-: sell his lots, it must be understood that the hardship about 09 Vs. Jeanne Mabunth Octobe 17, 1984 Page F which he complains disappears with the alternative of selling the lots to an adiacent property owner. In discussing just this set of circumstances, some com- men-_ers have noted that "in such a situation the de%;--loper should be required (by the ordinance, the zoning board, or a court) to try to sell this parcel at a reasonable price to one, or preferably to both of his neighbors." (Footnotes omitted.) Williams, American Land Planning Law, 541.02 at 146 (1974). The applicant's own appraiser has indicated that the value of this parcel ranges from $1,000 in its present condition, to $12,000 if a variance is granted and a well and sewer connection are added, and $17,000 after a house is built. It seem^ fair to say that the present market value of that parcel is highly speculative, ranging somewhere between $1,00C and $12,000. Since at the present time no decision has been made with regard to the variance, it is obvious that the price cannot be deter- mined with any precision. Mr. Meyer has indicated a willingners to purchase the property for the price the applicant's appraiser has indicated as its value with a variance, minus allowance foi the fact that there is no well and that a sewer connection would need to be made. Mr. Fisk has insisted upon, a purchase price of $17,000, which is the value given by his app-aiser to the lot after a home has teen built. While the details of this matter should properly be left to the parties to nego- tiate, it seems obv-1ous that the applicant does have an alternative which would provide him with �, reasonable return on his investments. He cannot be heard to say, therefore, that the denial of the variance by the Council would deprive him of all use of the property. Courts have decided the issue of the value of such properties differently. In Cowen, the New `fork Court said ". . . in calculating whether financial hardship would be inflicted by adherence to the zoning standard, inquiry should properly focus upon the value of the parcel as presently zoned, rather than upon the value the parcel would have if the variance were granted." Cowen at 309. The Illinois Court in Goslin had a slightly different formula but one which was still based on equity. In that instance, where the applicant indicated that he had an offer equal to tho amount he had invested in the property but was insisting upon a sale price approximately double that amount, the Court found that Ms. Jeanne Mahusth October 17, 1984 Page 9 there existed no hardship justifying the variance. The Court took that position for the simple reason that the applicant had an alternative, na.iely sellinq the property and recouping his investment. Mi. Fisk is in precisely the same position and has availabl;, to him the alterna- tive of sell:.ng the property to an adjacent owner. He should not be allowed to use his refusal to do so -�s a reason for forcing the Council to qrant a variance. In addition, courts rec,,gnize that in the free market of informed buyers and sellers, property is sold at a price commensurate with its value. Less desirable parcels, whether they be that way because of size, location, topo- graphy, or some other feature, command a lesser price than do prime sites. Persons purchasing those less desirable sites shculd not be able to use those natural disadvantages unfairly and cities must be careful about grantinq variances .in such instance lest they confer double benefit. It was in recognizing this fact that the Court in Cowen said cf the substandard lot purchased at a tax sale that "it is reasonable to assume that the price obtained by the County of Passau at the sale reflected the value of the property as restricted by the ordinance. He ce, the Granting of the variance would, like as not, result in a windfall to petitioner well above the nominal price paid at the ta)- sale." Cower. at 309. In conclusion, it appeLrs that there are numerou reasons for rejecting this variance request. Some of these involve public policy matters which the City Council is best equipped to evaluate. Others involve questions of law. While there is no Minnesota c.AsP which has dealt with precisely the issue at hand, numerous courts in other states hav^ confronted these issues. Whether a Minnesota court faced with these facts would decide them in a similar fa5-.hion is speculative. However, it is significant to note that the courts in Minnesota have consistently Kequired strict compliance with the standard of state - tute and municipal urdir.ir.ces in the granting of vari., and have reco�r.ized the broad discretion which a Council has in interpreting its mown ordi- nances. In vanLandschoot v. City of Mendota Heights, 336 N.W.2d 503 (1983), the Minnesota Supreme Court stated: "A municipal decision making body has a broad discretionary power to deny an app'.ication for variances. 'rhe Q Ns. Jeanne Mabusth October 17, 1984 Page 10 fact that a court reviewing the action of a municipal body may have arrived at a different conclusion, had it been a member of the body, does not invalidate the judgment of city officials if they acted in good faith and within the broad discretion: accorded them by statutes and the relevant ordinances." Id. at 508-509. 'The Court has also expressed some hostility towards the development of substandard parcels in at least one case. In Dedering v. Johnson, 23�' N.h'.2d 913 (1976) , the Minnesota Court upheld the refusal of a local government to grart a variance to develop a substandard lot when that lot had been held in common ownership with another parcel in t:ie past. The Court was will.ino to read into the local zoning ordinance a requirement that parcels which had previously been held in common could not he split and developed independently, even though no such requirement was contained in the local ordinance. Although the facts in the Dedering case are different than the ones at present, we believe it indicates a reluctance on the part of the Court to promote the development of substandard lots. For the reasons outlined above, we believe that Mr. Fisk's request should be denied and ask the Council to adopt an appropriate resolution to that effect. Respectfully submitted, ell Ronald H. Batty RHB/dd IN J.-cs P a•w.IN w O..C■T a «OIIrAw JACK f OALT O. •[NNe T. LINOOweN AY30 0CW W 0-4660N Nt•InCLL N. ANOCOSON 3c:A.a N •w-00[\a w0[PT • N«Ir�OCw .:AN L Y./L L•J•N . �.gtw• J «tNN[51t• -tf : tw•G+lCw c2 J aA, ..0 res P -ILL• _a«N • -a. "I O LYc Y. rValt0 .•3%cP» w AN TYON• CAV•O C. sc\LCwaw[Y _O«N O rUL_-[w wage w• [ g0•.t I wAN, r N•wv(• wCr•wa • r00SC-ace •ICN•w0 A, "CocalC Coe" T rpNT A 31)C. Jw. C •w:lt •. -aC :a -/•s•c•«cw J mrtcN w :»Awo , a�•rcNa -C9 N !Twat-[w Yam.. » •!»Cw -C'..s . s• N.Y s-t•LN a It. h •:•At$, 7 Y T.. h S co D c a t-. [•. •Cw 0 a, ]-it•• October 24, 1984 ).ARKIN. IiO FMAN. DALY �� LINDO rr:`. l:rll. ATTORNCYSI AT LAW ISOO NORT-WESTEAN rINANCIAL CENTER 7900 XERXES AVENUE SOUTH BLOOMINGTON. MINNESOTA SS431 TELEPHONE •642 63S-3600 TELECOPIER NO 612 635.9102 I CO f-nST BAN- PLACE WCST rECCAAL PGACTICC PAw•YC•SNrP ,20 SOVTN frrFN STRCCT LAn-4. PTCCL i rA:M MIYNCAPOLr S. MINNESOTA SS602 SUITE I110 TCLEPNON[ 6.9 336.66.0 1304 PCNYSTLVAN1A. N. W. wAS«IN ;i'ON. O.0 10004 TCLCPNONC 202 737.1000 Ms. Jeanne Mabusth Zoning Administrator City of Orono P. O. Box 66 Crystal Bay, MN 55323 D i I 2 1 I OCT 4 R NO Honorable Mayor and Members of the Orono City Council: OtwALO L ![CA 1«O-A! • «u.P«wc•. Jw Pt ♦Cw • g[Cw JON ! !w•Cwe[wg•r TNO-A! J /L•NM woOc.rL, � r•c,cNrc J•Ycs P OU.NN wewa«r .� weNwe/, �w OAY�C: •. CJIN IAN I wO-c » ••»NA[ Toca . rwct-•N AYowtW � r•TC«[\t o.. o o roc—cw • •«L[[V JATC!• ww AOaC• N at•.wrAY P.ua • A:_Y.nT Eu!•N w •UwN�O «T A-. VAw• ow.o. AI AN L ­100W OA.— CC`\\[w •�sc+» oTrs . 1COrrY This short memorandum will serve as Mr. Fisk's introductory rebu".tal to some of the issues raised in Mr. Batty's letter of October 17, 1yd4. A. Burden of Proof This area was discussed in some detail by City Attorney Malkerson at our last meeting. It was also made abundantly clear that �Ir. Fisk had sus- tained his initial burden of proof by showing that he met the criteria of the City ordinances, standards, policies and past actions for a variance. The City of Orono would be benefitted both monetarily (by an increase in revenues) and would not have any adverse impact regarding health, safety and welfare and would be benefitted by reducing those hazards inherent in unoccupied, undeveloped lots in a residential area. B. Self Created Hardships This too was.a subject much discussed by City Attorney Malkerson at our last meeting. The creation of the hardship occurred when these lots were rezoned from the original conforming state to LR-lB. 6- LARKIN, HOFFMAN, DAL'V & LINDGREN, LTD. Memorandum to Ms. Jeanne Mabusth and The Honorable Mayor and Members of the Orono City Council Page 2 October 24, 1984 These lots were caught in a rezoning "squeeze" and development rights occurred as of that moment, subject to their development not being in conflict with the health, safety or welfare of the community. The City Attorney opined that the purchase of tax forfeit property in no way, negates or diminishes the development rights which were implicit at the time of rezoning. Mi-. Fisk does not make practice of buying distressed property and intends to live in the home which will be built on this lot. Neighbors objections, not based on health, safety or welfare objections are not relevant. Mr. Fisk in good faith, listened to s-.me neighbors inquiries as to the sale of the property. Tentatively, the .leighbors offered $17,000, -ubject to the condition that the neighbors find acceptable financing. On the 27th of September, Mr. Fisk received another tentative proposal to buy the property for $8,500. Even this was "subject to negotiation." Needless to say- this tactic was used to further delay his preparation for the upcoming City Council meeting. C. Uniqueness of the Property The Zoninq Administrator and the Planning Staff have rendered positive opinion., as to the uniqueness of this property. The provision of a sewer stub, the fact that a home has been lived in on the property and that it is a corner lot (which negates the need for ceth—ack variances) ill speal" to th-? uniqueness of the property denial of a variance denies Mr. Fisk "all use of the proi:artv," the uniqueness test is more than satisfied. D. Consistent with the regulations of Orono and Pealth, Safetv Welfare The Fisk's variance application is consistent with the Orono Ordinances, the standards used by Orono in the pa..t, the policies of Orono and the overwhelming number of variances previously granted. In the most recent Minnesota variance case to date, Arnold Palme- v. The City of Plymouth (1984), the District Court stated that a varij-ice must be granted if the City acting under the authority of its zoning ordinance has over a period of years granted variances under circumstances substantially the same as G LARKIN, HOFFMAN, DALY & LINDGREN, LTD. -irandum to Ms. Jeanne Mabusth and he Honorabie Mayor and Members of +e Orono City Council 3 .ober 24, 1964 those of the applicant, even though the granting of the variance may work some hardship upon adjc:ning property owners. - More than 65% of the lots in Orono LR-lB zoning district are substandard. - At least 23 of these lots have less than 20% of the required lot area. -- - In the category of lots in which Mr. Fisk's property falls there are an additional 126 nonconforming lots. A professional traffic engineer, James A. Benshoof, has made an analysis of the traffic safety and capac Ay factor of building a home on the Fisk property. He has cont-luded that "the street system . . . will safely and effectively accommodate the trips to and from your proposed home, with no adverse effects on existing traffic or nearby development." Mr. Fisk has a constitutionally guaranteed right to equal treatment by the City Council of Orono and to damages if that right is arbitrarily denied. The Council may only deny this variance request if a finding can be made that the detriment to the public health, safety and welfare exceeds the benefits inherent in allowing Mr. Fisk to utilize his prop- erty for its only possible use. Respectfully submitted, Garth C. Coller, for T ARKiN, HOFFMAN, DALY INDGREN, Ltd. m) cc: City Attorney Brti;e Malkerson Tom Radio Ron,'.d H. Batty -•UP'.:'E': � �F SlJ8 TANDAPD LOTS =,EPV ED BY S EWEP ZONING DISTRICT LP-18 LOC. QTY ---- ---- 80-100.:* ------ 60-80;,.,#: ---- 40-60%* ---- 20-40„* ----- =i20Y.* ----- SUM11 I T PARK; 17 0 1 4 5 7 FOREST ARMS 11 0 1 4 4 2 TONK'AV I EW GARDENS 17 5 3 6 1 SAGA HILL 2? 2 2 4 10 5 VASA PARK 1 0 1 0 0 0 LC iMA L I NDA 1 ct 0 ► 1 0 XTAL BAY VIEW 4 0 0 1 1 BCiHNS PT. 4 1 1 0 0 2 LAFFAYETTE RIDGE 4 0 a 0 4 0 LANGDi iN PAPk 3 0 0 2 1 0 SHE APE HILLS.' PHEASANT LAWN 3 0 1 0 2 0 TOTALS ----- --- ---- ---- --- --- 88 5 12 19 _.4 18 X OF SURVEY 100% 6% 14;: 21 % 33'l. * =PERCENTAGE OF AREA REQU I r'ED FOP DISTRICT ffj T MAE:UrTH D. MEYER :7014I NG ADM I N I STRA11.,R 485 PARK AVL P 0 BOX 66 LONG LAKE MN. CRYSTAL FAY MN 5575.6 55323 F:NCLOSF L, APF OU FINDINGS CONCERN I Nii ':VACANT SUB -STANDARD PROPERTIES WITHIN THE ZONING DISTRICT LP-1B.BY EXAMINATION. IT 15 CLEAR THAT THERE ARE MANY PR.OPERTIES,DIRECTLY PROPORTIONAL IN MAGNITUDE TO THE REQUEST FOR VARIANCE PROPOSED E:Y CASE #820 LON I E F I SF'. IT IS SINCERELY HOPED THAT THESE FINDINGS 'SHED SOME 14EW LIGHT ON THE SITUATION DON +CATHY MEYER CITY OF ORONO Control No. A. The Subject of this request is: an existing private roadway. f�l/lC-R-TE a prcposed p=1 - c roadway which is to be created as a condition of pending subdivision approval. B. Owner(s) of the subdivision C. The above owners) hereby request that this Roadway be known by the following name: Choice No. 1 N C'�r r� /Jd� C �.- r i'�✓��� �t �ti'�- rr' s i1�:�r) Choice No. 2 /Von!, Choice No. 3 (List three choices in order of preference. The City Council will approve a name provided no conflict exists with existing names or naming policy. If all names have a conflict, you will be asked to make new choices. The approved name will be used for all mailing address and official identification purposes.) D. The above owners) hereby request the City of Orono to install the following standard street and traffic signs and said owner(s) hereby agree to reimburse the City for all costs of said installation. (Such signing may be required as part of a separate Developer's Agreement and/or subdivision request.) standard city street name sign(s) - number required Z x _ standard "STOP" sign(s) - number required 2— The above owner(s) do hereby acknowledge the (future) existence of said public road, and that the City of Orono has no obligation to maint4in or service said roadway until that roadway has been approved by the City of Orono as meeting all public road standards specifically the completion of the paving. Signature(s) of owner(s): Or l �(� f /73 y Date Date Date Date Interoffice Memo DATE: October 24, 1984 TO: Jeanne Mabusth, Zoning Administrator FROM: Assistant Chief of Police Burmaster SUBJECT: Plat Road - French Creek Drive I have revie�!ed the request of developer Ned :,may Lon to name the new road in his addition'as "French Creek Drive". I have no objections to this name. I have checked the Hudson Index of Streets Book, and there are no listed "French Creek Drive"'s. There is only one French Lake Road listed, and that is in Champlin, MN. Orono has a French Lake Road off of Willow Drive. To help keep them separate, one should use three digit house numbers, and the other four digits. In reference to the spur road in his addition, it should be named something different, not even French Creek Road. In checking the Hudson, there are 7-8 Creek Roads in the metro area. As a possibility, it could be called Ned Road. There may be a traffic problem when people wan' zo turn into the development. The traffic on North Sh e Drive is too fast, the road is too narrow, and there is a y_-ade to the west with a curve. l o: John Ger hardson , F'Ub l l i. Wor I. s Coordi nator Melvin V.A 1 bo, Chief of Police From: Jeanne A. Mabusth, Zoning Administrator Date: October 23, 1984 Subject: Plat Road Name Request The developer, Ned Dayton, has selectd as his first ,4nd r-rnl v choice of road name to be: French t reel_ Drive He has asked if the spur road located in the northeast corner of the plat be also included under that same name. I have advi--ed that in similar plats such spur roads are arran(lvd different designations in order to eliminate any confusinn. Dayton than suggested naming the road French Greek Road. I will need your input by Wednesday, October 24, IYS4. To: Orono Council Members From: Michael P. Gaffron, Assistant Zoning Administrator Dates October 23, 1984 Subject: #870 Gary Valenta, 1160 Townline Road - Variance Zoning District - RR--1A 5-Acre Unsewered Application - Variance to side and rear setback for attached garage. Setbacks Side: sQ' Required, ;?' _+/.- Proposed Rear: 100' Required, 55_ +/- Proposed COUNCIL MEETING List of Exhibitse OCT 29 1984 E,0ijbit A - Application Exhibit B - Plat Map Exhibit S - Property Owners List CITY OF ORONO Exhibit D - Survey of E - CLEVATIn/'.: The applicant is regUVsting to construct an attached garage 26' x 18', to the north end of his house. which will leave a side setback of 22 and a rear setback of 64-) Although this is a 5 - acre zone, the existing lot size is 140' „ 400' or 1.3 ares. The applicant notes that topography and location of septic system preclude alternate locations for the garage. Planning Commission, at their October 22, 1984 meeting, in a 7-4) vote recommended approval based nn the existing topography and location of the septic system. No comments were received from the neighbors to the north. Staff recommends approval per the attached resolution. CITY OF ORUNO kpu �( - VARIANCE APPLICATION ® Application Fez ( .0_.�0--� After -the -Fact Fee $200.00 ------------------------------------------------------------------------- PROPERTY LOCATION Site Address 1 1 tikl U L 1' Property Identification Number (P.I.D.) Please check one -- Is the property abstract or torr.ens? Please attach legal description to application if not included on required survey. -----------------------------------•--------------------------------------- APPLICANT Name Phone mailing Address 7','i/"; L •' - --------------------------------------------------------------------------- OWNER Name i Phone Mailing Address `► // "' ' Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. -------------------------- ------------------------------------------------ PRESENT USE OF I'}. PERTY 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 regulations: f. ��t - r T /P'1i ✓ill; -------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: ',rJr I r,r i. %�� '/', ;�f'i t , n 7 �1�✓ -------------------------------------------------------------------------- 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) 3. Stamped, legal sized envelopes ( N10 ) pre -adds essed to each of the names on .:he above list with no return address. Certificate of survey. Plat Map. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information hass 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 hest of his/her k owledge. Applicant's signature L/ Date��j�?' OWNERS SIGNATURE / The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature 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. i3 3 .Q� 1 OV (Z,' r0'�5 380 378 367 VA 59.51.. w 2 Q RUN DATE 09/14/84 BATCH 001 38 30-116-23 32 0001 PROP ADDR 01180 TOWN LINE RD OWNER NAME M i B THEIS TAXPAYER MIC14AEL L TiiEIS NAME/ADDR 1180 TOWNLINE RD MAPLE PLAIN MN 55359 70 25-118-24 41 0005 PROP AOOR 01125 TOWNLINE RD 0641ER NAME C K A S L LIANG TAXPAYER CLARENCE K A SUSAN L LIANG NAME/ADDR 1125-TOWN LINE NO INDEPENDENCE MN 55359 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 30-118-23 32 0002 01160 TOWN LINE RD GARY L VALENTA I WIFE GARY L VALENTA 1160 TOWNLINE RD MAPLE PLAIN MN 55359 #870 70 25-118-24 41 0006 B L LARSON i J A LARSON BUNNELL L LARSON 1160 COUNTY RD 119 MAPLE PLAIN MH S53S9 REPORT NO. PI435401 PAGE I 38 30-118-23 32 0003 01100 TOWN LINE RD HAROLD DIESEN ETAL HAROLD DIESEN 1100 TOWNLINE RD MAPLE PLAIN MN 35359 TOTAL BATCH 001 00005 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPELSTHIS DATE ON THE RECORDS OF THE HEINEPIN COUNTY DEPAPTME T OF PROTAX TION. TO THE BEST Of MY KNOWLEDGE AND BELIEF.1 DAT BY i // &0 11,1r /�,/ ~/)W ce.•,Mr •! J�t/ron JO•//S•t,� Plat of Survey for Janea K. Kanges in the Southwest 1/4 of Section 30-118-23 �Ne.,//, inI a%N/Y'!.R ,•�� AW4 of -rm lion -?0 I I I h 7 1 ' i 47.7. o.I 10W ,44. Ot Jiai4 W 1 I� 1 I N 1 ( G r J I t J 7l' O I I 4!.pode' I ' I #870 I h^r^'-; c^rtify tint VAr it; c trus r.ni curr�ct rz•_r^%,cnL,;tiOn of r sizv it o' t?.^ bc.uSir:: i is of t:tin Wc: t 433 f�^t of thA South U', fe7t of th^ ::cAh 37:.:3 feat of vhn Lort .e- it q irxt it o` th ay.+th- wesL of ^ct:w. 3C, 1b►mshij. 11e Kurth, 23 ^st of th- 5th Princircl lbricirr., sub; :et to an verement for rco C ;!.urroc�•:; over th-i 14mat 33 feet th-reof, unc the projvrat locr.tion of a 1•rc.- posec builcinc• . It ions not purl ort to shot: 9ncror. &.a*nt::, if uny. . &W&e Orl, kjg�-%A— Scale: 1" = 10C, Cor6on R. Coffin . No.. 6064 Ate 1 S-2-(A Tani Surveyor sn6 Planner 0 1 Iron marker Long iwke, Minnesota PRESENT s PROPOSED City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO 14UNICIPAL ZONING CODE SECTION 10.27, SUBDIVISION 5(B) - FILE 1870 WHEREAS, Gary Valenta (hereii.after "the applicant" ) is owner of the property located at 1160 Townline Road within the City of Orono (hereinafter "City") and legally described as follows: The Wcst 433 feet of the South 140 feet of the North 371.83 feet of the Northwest quarter of the Southwest quarter of Section 30, Township 118 North, Range 23 West of the 5th principal meridian, subject to an easement over the west 33 feet thereof (hereafter "property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.27, Subdivision 5(B)to permit the construction of an attached garage 22 feet from the side lot line where a 50 foot setback is required, and located 55' from the rear lot line where a 100 foot setback is required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as zoning file 9870. 2. The property is located in the RR-lA Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on October 22, 1984, and recommended approval of the proposed variances based upon the following findings: a) The existing topography and location of septic system limits the possible locations for a garage. b) The existing house was constructed on this 1.3 acre lot prior to the current 5 acre zoning standards, and the location of the existing house on the lot is a hardship to the property. 4. The City Council has considered this appli.catioi, including the findings and recommendations of the Planning Commission, reports by City staff, comments by t`,e applicant and the effect of the proposed variance on the health, safety and welfare of the community. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the 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 toalleviate 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 Toning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above f indings, the Orono City Counci l hereby grants a variance to thv Municipal Zoning Code Section 10.27, Subdivision 5(B) to permit the construction of an attached garage 22 feet from the side lot line where a 50 foot setback is required, and located 55 feet from the rear lot line where a 100 foot :setback is required, 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 be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on ::hat date (October 29, 1985). 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 lead, 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. Adupted by the City Council on this 29th day of October, 1984. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor � _ (1)PfopvAy Owner City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ STATE OF MINNESOTA ) )ss. COUNT' OF INENNEPIN ) On this __ day of ___ , 1994, before me a :notary Public Within and for sai., County, personally appeared be the person s} described known to to In and who execcugo instrument, and acknowledged that he (they) ted the foregoing (their) free act and deed. Y) executed the same as his NOTARY PUBLIC ------ M'' COMMISSION EXPIRES STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this _ d3y o: _984, before me a *Iotary Public within and for said County, personally appeared known to ne to be the persons) described in and who executed the foregoing instru„sent, and acknowledged that he (Git:y) executed the same as his (their) free act and deed. NUTARY PUBLIC —` MY COMMISSION EXPIRES —` QF pa j//� �� ,�(,'. Gkw. R. Coal. P.E. .. / / 7 �E Xnrh A Gordo., P.E. e Mo G Rownrroo. P F Rohrrr W Roenw, P E fhow E Noy". P E -- 2JJ3 V. I. —A �.'iw� J6 O — — J.wpA C An0r M, PE Rrodf-d A Lew". P F RwAord W Foster, P. E Robert G SchwrrAr• P.E. Merv. !. So..ok, P F I• ^ u Oe. no..l, Trwwww4 3311J RwAerd E N w . PE Do.e/d C RwAordr, P £ /�frr 612 636 *600 Jown C 04ow. P E lerr, A Ro-do.. P E - _ A4-4 A Homo.. P E Ted h Fred, P E AIKA-1 7 Now.... P E Robert R FYrffvk. P E Arvid 0. Lamore, P.£ Chwki A &r Awo Leo M. pf w0y Nerb. A! Ofto. October 22, 1984 COUNCIL MEETING City of Orono Box 66 Crystal Bay, MN 55323 Attn: Mr. John Gerhardson Re: Request for Payment No. 1 1984 Seal Coat Our File No. 13924 OCT 29 1984 CITY OF ORONO Dear John: Gentlemen: Enclosed please find Request for Payment. No. 1 for the above subject project. We recommend that Request for Payment No. I be approved. Yours very truly, BONESTR00, ROSENE, ANDERLIK S ASSOCIATES, INC. Glenn R. Cook GRC:mb Enc1. t +� OCT 3 W4 T I , 4074c REQUEST FOR PAYMENT DATE: October 22, 1984 PLACE: Orono, Minnesota PROJECT: 1984 Seal Cnat Project PROJECT NO.: FILE NO.: 13924 CONTRACTOR: Buffalo Bituminous, Inc. ADDRESS: Box 337 Buffalo, Minnesota 55313 REQUEST FOh PAYMENT NO.: 1 SUMMARY: 1, 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Original Contract Amount ;hange Order - ADDITION $ Change Order - DEDUCTION $ Re%ised Contract Amount Value Cnmplpted to D-.te Material on Hand Amount Earned Less Retainago 5 X Sub -Total Less Amount Paid Previously AMOUNT DUE THIS REQUEST FOR PAYMENT NO. OWNER APPROVAL: By FOR PERIOD: Frnm: Aug. 15 R 1984Tn Oct. 15. 1984 67,422.00 $ 67,422.00 $ 62,197.28 $ 0.00 $ 62,197.28 $ 3,109.86 $ 59,08i.42 $ 0.00 1 _ $ 59,087.42 Approved By: BONESTR00, ROSENE, ANDERLIK b ASSOCIATES, INC. By: By Date: Approved By: Buffalo Bituminous, Inc. Contractor By: 2643c Project: 1984 Seal Coat Project Orono, Minnesota Contractor: Buffalo Bituminous, Inc. STATEMENT OF WORK Payment No: 1 File No: 13924 Date: Oct. 22, 1984 Unit Est'd Quantity Amount Contract Item Unit Price Quantity To Date To Date PART I - STREET SEAL COAT Bituminous material for seal Coat Gals. $0.90 35,000 35,000 $31,500.00 FA-2 seal coat aggregate in pl. T. 15.75 1,150 975.7 15,367.28 Salvaged seal coat aggregate in pl. T. 10.00 600 700 7,000.00 TOTAL PART I - STREET SEAL COAT..... $53,867.28 PART II - SEAL COAT - M.S.A.P. 152-104-02 Bituminous material for seal coat Gals. $0.90 4,700 4,700 $4,230.00 Seal coat aggregate (Trap Rock) T. 20.00 235 180 3,600.00 Bituminous material for patching T. 50.00 20 10 500.00 4" wide broken line, yellow paint L.F. 0.30 4,615 4" wide solid line, yellow paint L.F. 0.30 1,000 4" wide solid line, white paint L.F. 0.30 650 TOTAL PART II - MSA SEAL COAT..... $8,330.00 TOTAL PART I - STREET SEAL COAT TOTAL PART II - MSA SEAL COAT TOTAL WORK COMPLETED TO DATE....... $53,867.28 8,330.00 $62,197.28 2643c REQUEST FOR PAYMENT DATE: October 22, 1984 PLACE: Orono, Minnesota PROJECT: 1984 Seal Coat Project PROJECT NO.: FILE NO.: 13924 CONTRACTOR: Buffalo Bituminous, Inc. ADDRESS: Box 337 Buffalo, Minnesota 55313 REQUEST FOR PAYMENT NO.: 1 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 7. Amount Earned 8. Less Retainage 5 % 9. Sub -Total 10. Less Amount Paid Previously 11. AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: OWNER APPROVAL: By FOR PERIOD: From: Aug. 15, 1984To Oct. 15, 1984 $ 67,422.00 $ 67,422.00 $ 62,197.28 $ 0.00 $ 61,197.28 $ 3,109.86 $ 59,087.42 $ 0.00 1 — $ 59,087.42 Approved By: BONESTROO, R )ERLIK 5 ASSOCIATES, I'". By: By Date: Approved By: Buffalo Bituminous, Inc. Contractor By: 2643c n L 1. `1 Project: 1984 Seal Coat Project Orono, Minnesota Contractor: Buffalo Bituminous, Inc. STATEMENT OF WORK Payment No: 1 File No: 13924 Date: Oct. 22. 1984 Unit Est'd Quantity Amount Contract Item Unit Price Quantity To Date To Date PART I - STREET SEAL COAT Bituminous material for seal Coat Gals. $0.90 35,000 35,000 $31,�00.00 FA-2 seal coat aggregatp in pl. T. 15.75 1,150 975.7 15,367.28 Salvaged spat coat aggregate in pl. T. 10.00 600 700 7,000.00 TOTAL PART I - STREET SEAL COAT..... $53,867.28 PART II - SEAL COAT - M.S.A.P. 152-104-02 Bituminous material for seal coat Gals. $0.90 4,700 4,700 $4,230.00 Seal coat aggregate (Trap Rock) T. 20.00 235 180 3,600.00 Bituminous material for patching T. 50.00 20 10 500.00 4" wide hroken lire, yellow paint L.F. 0.30 4,615 4" wide solid line, yellow paint L.F. 0.30 1,000 4" wide solid line, white paint L.F. 0.30 650 TOTAL PART II - MSA SEAL COAT..... $8,330.00 TOTAL PART I - STREET SEAL COAT TOTAL PART 11 - MSA SEAL COAT TOTAL WORK COMPLETED TO DATE....... $53,867.28 8,330.00 $62,197.28 2643c 10 St. PA... 02 - 636-4600 October 22, 1984 /� Anon R cool. t J c. AnIA A Gordon, PI F Nonni..... P 1. 7Amwo t .fort.. P.£. 777 p NoAen 1/ Now.e. P t R.rAod M'. Iwo,. P.E. /nvPA ( A..l,rlJ, P F POwt G SrAomrhe, P E Bradford A /rmlrrr, P! .Nan.. 1 AP —Ad. P.E. RnA d 1 Lrnea P IF t/o.old (- Rrrlordl. P.E J.— c Nho.. P t /mr A Ro.rdon, P F. A(arl A. N.—, P t Ted A Frfd. P E A4whW 7 R"~.. P t RoAerr P PJrJJan, P E. bend N 1 odors. P E CAarin A &.l ron f eo N. /irrr44y !/mWn .N Olton COUNCIL MEETING City of Orono Box 6 Crystal Bay, MN 55323 Q u T 29 1984 Attn: Mr. John Gerhardson CITY OF O R O N O Re: Our File No. 13923 Navarre Force Main 6 Lift Station #7 Dear John: Enclosed please find Request for Payment No. 1 on the Navarre Force Main pro— ject. The work has been satisfactorily completed and we recommend payment. Enclosed also is Change Order No. 1 which provides for an extension of time and for the removal and replacement of a storm sewer line on the project. Yours very truly, BONESTROO, ROSENE, ANDERLIK b ASSOCIATE'S, INC. Glenn R. Cook GRC:sas Encl. 4O78c 4 DATE: Oct.nbor 22, 1984 PLACE: Orono, Minnesota PROJECT: Navarro Force Main 6 Lift Station #7 FILE NO.: 13923 CONTRACTOR: B D Contracting, 6130 Sunset Drive, Mound, Mn. 55364 CHANGE ORDER NO: 1 DESCRIPTION OF WORK: This change provides for an extensinn of time from November 15, 1984 to December 15, 1984 due to delivery problems with the electrical motors for Lift Station No. 7 and the removal and re•.lacPmPnt elf 15" PVC storm sewer Est'd Total Chang„ Order 1rem Unit Price Quantity Amount Change of Completion d3rp $0.00 15" PVC Storm Sewer L.F. $16.00 175 2,800.00 Total Change Order No. 1 ADD..... Original Contract Amount $102,926.28 Previous Change Orders 0.00 THIS CHANGE ORDER NO. 1 ADD 2,800.00 REVISED CONTRACT AMOUNT........ $105,726.28 Approved by By By Date: City of Ornno, Minnesnra Approved by: B b D Contracting Co. By Approved By: BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. Mayor Clerk By Distributtnn: l - Citv 2 - Contractor l - Eng t n.-e r 4055c REQUEST FOR PAYMENT DATE: October 22, 1984 FOR PERIOD: PLACE: Orono, Minnesota From:Sept. 17, 1984To Oct. 19, 1984 PROJECT: Navarre Force Main b Lift Station #7 - San. Sewer PROJECT NO.: FILE NO.: 11923 COUNCIL MEETING CONTRACTOR: B 3 D Contracting ADDRESS: 6130 Sunset Drive Mound, Minnesota 55364 REQUEST FOR PAYMENT NO.: 1 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 7. Amount Earned 8. Less Retainage 5 % 9. sun -Total 10. Less Amount Paid Previously 11. AMOUNT DUE ':HIS REQUEST FOR PAYMENT NO.: OWNER APPROVAL: By - O C T 29 1984 CITY OF ORONO $ 102,926.28 $ 102,926.28 $ 62,711.58 $ 0.00 $ 62,711.58 $ 3,135.58 $ 59,576.00 $ 0.00 1 $ 59,576.00 Approved By: BONESTR00, ROSENE, ANDERLIK ASSOCIATES, INC. B y --- Date: Approved By: B 6 D Contracting Contractor By: 3826c Project: Navarre Force Main 6 Lift Station #7 San. S. Payment No:� 1 Orono, Minnesota File No: 13923 Contractor: B b D Contracting Date: Oct. 22, 1984 STATEMENT OF WORK Unit Est'd Quantity Amount Contract Item Unit Price Quantity To Date To Date PART I - FORCE MAIN 6" DIP force main L.F. $24.37 1,278 1,278 $31,144.86 Standard 4' diam. air release manhole w/1642B cstg. Ea. 1,746.22 1 1 1,746.22 Cut 6" DIP into existing manholes Ea. 1,250.00 1 1 1,250.00 Jack or auger 6" DIP P.d. L.F. 77.50 170 170 13,175.00 Cut 6"DIP into existing 6" force main Ea. 1,725.00 1 1 1,725.00 C.I. fittings Lbs. 1.18 600 600 708.00 Mechanical trench compaction L.F. 1.25 1,278 1,278 1,597.50 Common excavation C.Y. 2.98 750 50 149.00 Class 5 aggregate base T. 7.38 1,090 200 1,476.00 AC-1 bitum. material for mixture T. 210.00 20 2331 bitum. base course mixture T. 19.95 250 2341 bitum. wearing course mixture T. 22.90 120 Bituminous curb (Type "B") L.F. 5.25 450 Remove bituminous surfacing S.Y. 5.25 1,250 800 4,200.00 Remove 6 replace CB or MH cstg. Ea. 1,875.00 2 2 3,750.00 Cross under existing water main Ea. 445.00 2 2 890.00 Cross existing water service Ea. 450.00 2 2 900.00 Sod w/3" topsoil S.Y. 4.50 1,2U0 TOTAL FART I - FORCE MAIN..... $62,711.58 Page 1. 3826c Project: Navarre Force Main 6 Lift Station #7 San. S. Orono, Minnesota Contractor: B 6 D Contracting Contract Item PART II - LIFT STATION NO. 7 REVISIONS Lift Station No. 7 revisions STATEMENT OF WORK Payment No: 1 File No: 13923 Date: Oct. 22, 1984 Unit Est'd Quantity Amount Unit Price Quantity To Date To Date L.S. $9,500.00 L.S. TOTAL PART II -LIFT STATION #7 REV..... $0.00 TOTAL PART I - FORCE MAIN TOTAL PART II - LIFT STA. 7 REVISIONS TOTAL WORK COMPLET' TO DATE...... Page 2. 3n2hc $62,711.58 0.00 $62,711.58 0 4& 4 n% C,1— R( —A, P L 1 �/ / /�C• Anlh A 60,dun, III __� <hru G fGwun,o, P L f AeAOrE. Nu,o. P E. RoM.r M X'71 P!. Rn, P.C. J,.v(,h ( 4,,I,,1A PC RnhfrrrrAred (; ,re+lr h—, Al, P E .2335 V. I.....i #.gl,..a.p 36 6,rdlwd . I n"tM.,. P E. Nang" I %, 01°. P E 1.,. . PE 6onrlJ ( A-1rorAr. PC St A-l..,i _..° & �5113 (h,.," PC Jre,. A er, .Aon. P E P"... 612 - 636.4600 .InA A /lrn,on. P E led A /rld, P L 49"Arr/ T No....... P L Ruhr R PJr//rrlr. P.E. Loatwu. !' E October 26, 1984 h°,Ir,A E.,rA mn City of Orono Box 66 COUNCIL MEETING Crystal Bay, MN 55323 Attn: Mr. John Gerhardson 0 C T 29 1984 Re: File No. 13918 Crystal Bay Street Section Review Dear John, CI-'-Y OF ORONO We have reviewed the effect of reducing the street replacement width on the Crystal Bay Sanitary Sewer Project as discussed at tie public hearing. The existing street width in the Crystal Bay area varies from 14 feet to 20 feet with 16 feet being an average width. The preliminary report for the project provides for constructing a 24 foot wide section wits a bituminous berm curb to control runoff. The estimated cost for the street section proposed in the preliminary report is $363,900 or $4,385/�nit. The estimated cost for -eplacir.g the street sec- tion at the existing width is $251,400 or $3,030/uni:. The street section proposed in the preliminary report would clean up the area, provide drainage within the street, define the street ane boulevard area and improve safety. Replacement of the street section in kind would not reduce the effectiveness of the project but would not improve the area significantly. We have discussed the improvement with one of the property owners relative to reducing the overall cost of the project. There are several items which will be reviewed at the time of plan and spec preparation which may be cost effec- tive. It may be beneficial for the City to review these iLems at this time if it appears that a mai-irity of the property owners favor the improvement and the project may proceed. If you have any questions, please contar.t this office. Yours very truly, BONFSTROO, ROSENE, ANDERLIK 6 ASSOCIATES, INC. A� Glenn R. Cook GRC:li 4177c COUNCIL MEETING To: Orono Council Membc-r From: John R. Gerhardson, Public Works Coordinator OCT 29 1984 Date: October 25, 1984 CITY OF ORONO Subject: F'rpl i mi ni ary P1 an Revi ew F-rid Opproval 1 On October 25, 1984 C'nuncil Member Tim Adams, City Engineer Glenn Cool:: and mvsel f met with 'fern Gen:: 1 i nger and Bruce Pol acz yk from Hennepin Cot.tnt y to review t_he prel i mi nary plan for the improvements to CSAFI 15 from County Road 19 to Mound. There were some minor concerns that received favorable answers and basically all Orono respresentatives felt that the preliminary plan was what was asked for. 1984. The City of Spring Part: approved the plan on October 15, The City of Mound approved the plan on Octot;er :'-.". 1984. In addition to approving this plan, Hennepin County is requesting a variance approval for future upgradinq of County Road 15 east of County Road 19 to Hillside Drive in Wayzata. The variance +rom they standards; will allow Hennepin County to pave one lane east and one lane west with bituminous shoulders sometime in the near future. As st�-Aed in t.hr• resolution this type of roadway deli gn agr roes wi th Orono ' s Lomor ehens i ve F'l an. CITY OF SPRING PARK SPRINC PARK, MINNESOTA RESOLUTION 84-24 APPROVING HENNEPIN COUNTY PRELIMINARY IMPROVEMENT PLAN FOR CSAH NO. 15 WHEREAS, Hennepin County has presented a preliminary layout of CSAH 15 improvement reflecting the City Council's resolution passed on January 3, 1984, and WHEREAS, the Ccunty intends to seek County State Aid funding for this project, which would require a variance from State Atri cfa-AnrC: from t! C Mi^n2a0:� ^ L T r - Dcpar t111C/lt of .ranspertatLoil, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Spring Park that: the preliminary plan for CSAH 15 improvement he hereby approved, and FURTHER, that the City of Spring Park concurs with Hennepin County's request to obtain a variance from the State Aid standards frcm the Minnesota Department of Transportation. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS 15�n _DAY OF ATTEST: _ October , 1984 October 23, 1984 RESOLUTION #84-179 APPROVING HENNEPIN COUNTY PRELIMINARY IMPROVEMENT PLAN FOR CSAH NO. 15 WHEREAS, Hennepin :ounty has presented a preliminary layout of CSAi improvement reflecting tke City Ciuncil's resolution passed on Jar ._1 24, 1984; and WHEREAS, the County intends to seek County State Aid funding for this project, which would require a variance from State Aid ,tandards from the Minnesota Department of Transportation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound that the preliminary plan for CSAH 15 improvement be hr-eby approved; and FURTHER, that the City of Mound concurs with Hennpin County's request to obtain a variance from the State Aid standards from the Minnesota Department of Transportation. The foregoing resolution was coved by C(,uncilmember Charon and seconded by Councilmember Jessen. 'rhe following Councilmembers voted in favor thereof: Charon. Jessen, Paulsen, Peterson and Polston. The following Councilmembers voted against: none. ss/Robert D. Po kton Mayor Attest: City Clerk or . , OCT 2 6 f58d city of oR,olvo RESOLUTION OF THE CITY COUNCIL NO. RESOLUTION APPROVING HENNEPIN COUNTY PRELIMINARY PLAN FOR COUNTY STATE AID HIGHWAY 15 AND VARIANCE REQUEST AS REQUIRED DY MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, Hennepin County has prepared and presented preliminary pl_tns for the improvements to CSAH 15 and WHEREAS, Hennepin County intends to obtain state aid funding for this improvement project, which would require a variance from state aid standards from the Minnesota Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono does hereby approve the preliminary plan and variance for the improvement of CSAH 15. BE IT FURTHER RESOLVED, that the City of Orono agrees with Hennepin County's request to obtain a variance from the state standards from the Minnesota Department of Transportation to allow for one lane east and one lane west with bituminous shoLIlders on that part Of County Road 15 east of County Road 19 to Hillside Drive in the City Of Wayzata as this type of raodway design agrees with Orono'S Comprehensive Plan. ADOPTED BY the City Council of the City of Orono at a regular Council meeting this 29th day of October 1984. --- - -- Ayes ____------- Nayes ---------- -- ___ Mary C. Butler, Mayor - ATTEf. T= Dorothy M. Hallin,-City Clerl:: ---- An tVw- vWw- October 17, 1984 Louie J. Breimhurst Chief Administrator Metropolitan Waste Control Commission 350 Metro Square Building St. Paul, Minnesota 55101 RE: Plans and Specifications Maple Plain Interceptor Metropolitan Council Referral File No. 11806-1 Dear Mr. Breimhurst: Metropolitan Council 1 300 Metro Square Building Seventh and Robert Streets St. Paul, Minnesota 55101 COUNCIL MEETING Telephone (612) 29 1-6359 OCT 2q 1984 CITY OF ORONO At its meeting on October 11, 1984, the Metropolitan Council considered the plans and specifScations for the Maple Plain Interceptor. The Council finds the Maple Plain pump station and 12-inch force main cosistent with the Council"s Policy Plan and the Metropolitan Waste Control Commission's 1984-1988 Development Program. Attached is a copy of a letter from the Minnehaha Creek Waf- District advising that a permit is required from the District. Sincerely, � /`; �/ ii Sandra S. Gardebring Chair SSG:sb Attachment cc: Dun Loebrich, Clerk. City of Maple Plain U4alter Benson, Administ `or, City of Orono Debbie Stinson, Clerk, y of Long Lake Clifford Reep, District Administrator, Minnehaha Creek Watershed District Karl Burandt, Metropolitan Council Staff JacK Frost, Metropolitan Council Staff Ar E;j,;o OL'cor',_ ,�, [Tr.,O,e, October 17, 1984 Louis J. Breimhurst Chief Administrator Metropolitan Waste Control Commission 350 Metro Square Building St. Paul, Minnesota 55101 RE: Plans and Specifications Maple Plain Int rceptor Metropolitan Council Referral File No. 11806-1 Dear Mr. Breimhurst: Metropolitan Council 300 Metro Square Building Seventh and Robert Streets St. Paul, Minnesota 55101 Telephone (612) 291-6359 COUNCIL MEETING OCT 29 1984 CITY OF ORONO At its meeting on October 11, 1984, the Metropolitan Council considered the plans and specifications for the Maple Plain Interceptor. The Council finds the Maple Plain pump station and 12-ir:ch force main cosistent with the Council's Policy Plan and the Metropolitan Waste Control Commission's 1984-1988 Development Program. Attached is a copy of a letter frcm the Minnehaha Creek !datershed District advising that a permit is required from the District. Sincerely, r Sandra S. Gardebr ir.g Chair SSG:sb Attachment cc: Don Loebrich, Clerk, City of Maple Plain ,Walter Benson, Administrator, City of Orono Debbie Stinson, Clerk, City of Long Lake Clifford Reep, District Administrator, Minnehaha Creek Watershed District Karl Burandt, Metropolitan Council Staff ,lack Frost, Metropolitan Council Staff Metropolitan Council Meeting of 10.11.84 Business Item No. C-1 • IL ' Suite 300 Metro Square�BuRilding�Saint CPaul, 291-6359 Minnesota 55101 REPORT OF THE METROPOLITAN SYSTEMS COMMITTEE Referral Report No. 84-106 DATE: October 2, 1984 TO: Metropolitan Council SUBJECT: Metropolitan Waste Control Commission (MWCC) Project Plans and Specifications on Maple Plain Interceptor Metropolitan Council District No. 13 Metropolitan Council Referral File No. 11806-4 BACKGROUND At report. its meeting of September 24, re1984, the committee considered the attached ISSUES AND CONCERNS Mr. Frost gave a verbal presentation of the issues and concerns relating to this interceptor. The main issue is the City buffd+,vg of the 12-inch diameter force main will encourageno is cdevelopm that the ryl','' area of Orono which the city is trying to posit i n the that the 12-inch diameter force main is needed regardless of�whatsthendisposi- tion of the infiltration/inflow (I/I) problem is in the City of Maple Plain. Mr. Cook, representing Orono, requested that the Council reconfirm that no hook- ups be made to this interceptor from the rural part of O;-ono. The agreed to add to its recommendation to address the concerns of Orono. Other issues discussed concerned the charges to other cities from the sizing of this interceptor to accomodate the excess I/I. It was indicated that these charges could be sizable if a treatment works were oversized to accommodate excess I/I. However, in the case of an interceptor the increased cost would not be great. Mr. Payne, of the MWCC, indicated that the increased cost to go from a 10-inch to a 12-inch diameter would be about f15,000 on a project costing i2.1 million or approximately a 3.5% increase. RECOMMENDATIONS 1. That the Metropolitan Council find the Maple Plain pump station and 12-inch force main consisten• with the Council Policy Plan and the MWCC 1984-1988 Development Program. 2. That the MWCC and the/City of Orono capacity in their facility to sere thbe de rurathat l service area in the ere is no c design defined in the city"s 1990 comprehensive plan. a city as Respertfully submitted, Carol Flynn, Chair JL1669•-PHENV2 METROPOLITAN COUNCIL Suite 300 Metro Square Building, St. Paul, Minnesota 55101 612-291-6359 DATE: September 18, 1984 TO: Metropolitan Systems Committee FROM: Environmental Planning Department (Karl Burandt, Jack Frost)d �- SUBJECT: Metropolitan Waste Control Commission (MWCC) Project Plans an Specifications on Maple Plain Interceptor Metropolitan Council District No. 13 Metropolitan Council Referral File No. 11806-4 INTRODUCTION The MWCC has submitted plans and specifications on the Maple Plain Interceptor for Council comments. This project consists of a 27,350-foot force main and Pump station that phases out the Maple Plain Sewage Treatment Plant (STP) to the existing Long Lake pump station which is served by the Blue Lake STP. The MWCC has sized the force main as a 12-inch diameter pipe. The attached letter from the city of Orono, dated Aug. 31, 1984, indicates they understood a 10- inch diameter pipe would be used. The city wishes to respond to the present Proposal of sizing the pipe at 12-inch diameter. AUTHORITY FOR REVIEW The Metropolitan Reorganization Act provides for the Metropolitan Council to comment on MWCC plans and specifi these pi cations of Capital Projects, for consistency ans to the approved Development Program and Capital Budget. BACKGROUND CKGROUND The Maple Plain STP phase out is a part of the Water Resource Management Policy Plan of 1981. This project •'s included in the MWCC 1984-1988 Development Pro- gram approved by the Council in June 1984. The project is described as a pump station at the Maple Plain plant site with a sewage force main from Maple Plain to the Long Lake pump station. The Long Lake pump station is served by the Blue Lake STP. The design capacity approved in the Development Program is tt.e average day/peak month flow of .4108 million gallons per day (mgd). The city of Orono is concerned that the recommended force main size is larger than necessary, and will cause premature development pressure in the Orono rural service area. ISSUES AND CONCERNS The detailed engineering report for this project recommends a design flow of 403 mgd (average daily) and a peak flow of 2.43 mgd (1,700 gallons per minute (9Pm)). This is based on a current average daily flow of .35 mgd and a peak flow of 2.2 mgd. Standard engineering practice recommends that the total dynamic head of a force main not exceed 200 feet. If pressures exceed this amount structural failures can become more prevalent. Therefore, for the design of this facility the design engineer chooses a pipe size so the total dynamic head will not exceed 200 feet at peak pumping conditions. That pipe size is a 12-inch diameter pipe Pumping at 1,700 gpm. CITYof ORONO Post Office Box 66•C'rystal Bay, Minnesota W23•Municipp! CTres On the North Shore of Lake Minnetonka August 31, 1984 Mr. Lowell Thompson Director Environmental Planning Metropolitan Council 302 Metro Square Building St. Paul, Minnesota 55101 Dear Mr. Thompson: Regarding our telephone conversation concerning the proposed Maple Plain interceptor, I wish to submit the following comments. The concerns of the City of Orono are the changes from the preliminary design to the final design increasing the force main size from 10" to 12" and the increase in flows as follows: Preliminary Final Design _ Design design average daily flow 0.385 M.G.D. 0.403 M.G.D. peak design flow 1.35 M.G.D. 2.43 M.G.D. peak flow factor 3.5 6.0 After considerable review this spring, the City of Orono reluctantly withdrew from the public hearing process challanging the proposed construction o` the Maple Plain interceptor through rural Orono, based upon a 10" force main and the preliminary design flows, which could rot provide urban services in our rural area according to the City of Orono Community Management Plan. I understand that the Metropolitan Systems Committee will be meeting on September 10th and that this iten, will be on that agenda. I would appreciate the Systems Committee review of this matter if it is convenient to do so on the 10th. BUILDING d ZONING - 473-7357 • ADMINISTRATION A FINANCE - 47) 7358 s PUBLIC WORKS 473-' 359 ASSESSING- 2 The peak now for Maple Plain is more than six times the average daily flow. Orono contends that the peak design flow should only be 3.5 times the average daily flow, whic:i is normal engineering practice. The city of M?.ple Plain has infiltration/inflow (1/1) problems in their local collection system. Several years ago Maple Plain conducted an I/I analysis that concluded excessive I/1 existed and it would be cost-effective to elimi- nate a portion of this I/I. However, the city has not proceeded with the more detailed sewer system evaluation survey which pinpoints the problem areas and assesses the likelihood of removing the I/I. Based on the fact that excessive flow up to a peak of 2.2 mgd currently exists the, MWCC designed this facility to accommodate the exi.ti;ig peak flows. If Maple Plain can reduce this peak flow from six to 3.5 times the average daily flow the MWCC would still recommend utilizing a 12-inch diameter pipe. A 10- inch diameter pipe would have a total dynamic head of slightly over 200 feet. While this size may be marginally acceptable, better engineering practice would dictate going to the next size pipe for an additional safety factor. Further- more, it is uncertain that Maple Plan can reduce their peak flows to allow for the smaller pipe. Orono"s chief concern with the construction of a 12-inch force main is the development pressures the city will receive for development in their rural service area which the force main will go through. Since a 12-inch force main is needed for Maple Plain alone, whether they remove I/I or nct, no additional capacity is designed into this force main for rural Orono. This being the case Orono should be able to control development in accordance with their approved Comprehensive Plan. The Long Lake pump station which the Maple Plain force main discharges into may require an additional pump to accommodate the peak flows from Maple Plain. How- ever, provisions were made in the Long Lake pump station to add an additional pump. The Long Lake 16-inch force main is adequate to supply the needs to the areas presently severed and presently committed to be sewered. However, as long as the high peak flows from Maple Plain remain, little additional capacity is available in the Long Lake force main to serve additional rural areas of Orono west of Long Lake. At present, the NPDES permit for the Maple Plain plant and the construction per- mit for the force main limit service connections to local service areas only. No rural area is to be provided sewer service. The current Council policy also prohibits rural area development from receiving metropolitan sewer service. These conditions are adequate for the current sewer service areas. FINDINGS OF FACTS AND CONCLUSIONS The MWCC has submitted plans and specifications for Council comments on the Maple Plain pump station and force main to phase out the Maple Plain STP. The plans provide for a 12-inch force main capable of pumping 1,700 gallons of wastewater per minute. This capacity is needed, according to MWCC records because of the excessive I/I from the Maple Plain sewerage systems. RECOMMENDATION That the Metropolitan Council find the Maple Plain pump station and 12-inch force main consistent with the Council Policy Plan and the MWCC 1984-1988 Development Program. JL1669-PHENV2 09.18.84 C I TY of ORONO Post Office Box 66•C'rystal Bay, Minnesota 55323•Municipal Offices On the North Shore at Lake Minnetonka August 31, 1984 Mr. Lowell Thompson Director Environmental Planning Metropolitan Council 300 Metro Square Building St. Paul, Minnesota 55101 Dear Mr. Thompson: Regarding our telephone conversation concerning the proposed Maple Plain interceptor, 1 wish to submit the following comments. The concerns of the City of Orono are the changes from th - preliminary design to the final design increasing the force main size from 10" to 12" and the increase in flows as follows: Preliminary Final Design Design design average daily flow 0.385 M.G.D. 0.403 M.G.D. peak design flow 1.35 M.G.D. 2.43 M.G.D. peak flow factor 3.5 6.0 After considerable review this spring, the City of Orono reluctantly withdrew from the public hearing process challanging the proposed construction of the Maple Plain interceptor through rural Orono, based upon a 10" force main and the preliminary design flows, which could not provide urban services in our rural area according to the City of Orono Community Management Plan. I understand that the Metropolitan Systems Committee will be meeting on September 10th and that this item will be on that agenda. I would appreciate the Systems Committee review of this matter if it is convenient to do so on the 10th. BUILDING& ZONING - 473.7337 • ADMINISTRATION & FINANCE ♦'3 '358 a PUBLIC WORKS 473 7359 ASSESSING- Mr. Lowell Thompson August 31, 1984 page 2 I do have a previous commitment on that date and can not appear in person to discuss Orono's concerns. If you do have any questions please do not hesitate to call me at my office 473-7358. Sincerely, Aailje&�71%`-n--`son, City Administrator Enclosure cc: Mrs. Martha A. Allan, Metropolitan Council Dirk deVires, Metropolitan Council District 13 Timothy Keegan, Metropolitan Waste Control Commission John Harrington, Metropolitan Council Glenn Cook, Bonestroo, Rosene, Anderlik and Associates I ED 'D MII�l1N9F9-3al4a CRFEM TARE MINMiiONnA WATERSHED ®9SIRBC7 P.O. Box 387, Wayzata, Minnesota 55391 MIMNEiorA PION HARD OF MANAGERS. David H Cochran. Pres • Albert L Lehman . John E Thomas Michael R Carroll -Camille 0 Andre • James B McWelhy -James R Spensley August 21, 1984 Ms. Martha A. Allen Assistant Referral Coordinator Metropolitan Council 300 Metro Square Seventh and Roberts Street St. Paul, Minnesota 55101 Re: Metropolitan Council Referral File No. 11806-4- Maple Plain Interceptor, MWCC Project 83-52 Dear Ms. Allen: The Minnehaha Creek 'Watershed District requests an opportunity to review the plans for the proposed Maple Plain interceptor prior to any comments. The Metropolitan Waste Control required from the District. No approval from the District. Very truly yours, EUGENE A. HICKOK AND ASSOCIATES Engineers for the District C Cliff Reep District Administrator Loin cc: Board G. Macomber Timothy F. Keegan, MWCC Commission should be notified that a permit is construction is authorized without permit �L I COUNCIL MEETING OCT 29 1984 TO: Orono City Council CITY OF ORONO FROM: Joan Lattin, Assistant Finance Director DATE: October 25, 1,484 SUBJECT: General i,iab.lity insuratico .in-3 Wor.kmans Compensation %3-3ci f icitlnns Attached are th.? specifications for the General Liability Insurance and Workm--ns ^o.npensation. i have selected two insuraac( ayeney representatives to act as Agents of Record, Mr_. Earl Bailey if Youngdahl & Associates and Dewey Carlson of the Murphy Agency. I chose to use two Agents of Records this year to give us a larger market to choose from, inasmuch as there has been increases of 20-60% in premiums the past six months. The bids will be opened on December 3, 1984, at 10:00 A.M. The bids will be presented with premiums quoted for all insurances less commissions, the agents will quote a fee for service in lieu of a commission. In 1983 the quotes for insurances were handled in the same manner And the end result was a savings to the City. SPECIFICATIONS Insurance City of Orono, Crystal Bay, Minnesota Sealed bids shall be accepted at the City of Orono Administration Building, Crystal Bay, Minnesota, until 10:00 AM on December 3, 1984. Pages 1-.)� INVITATION FOR PROPOSALS 'CO UNDERWRITE VARIOUS INSURABLE RISKS OF THE CITY OF r ONO, MINNESO'1'A (hereina referred to as the City) :. Qualifications and Requirements of Proposers A. Insurers 1. Shall have current Best's i olicyhold(_•'c Rating of ;, or A+. 2. Shall comply as to admissiblity, size, resources, capacity, and facilities with all requirements of the general laws and duly consitutued authorities of the State of Minnesota. 3. Non -stock policies shall either be non -assessable and certified by the proposer to comply with any state requirements for non- assessabi 1 ity; or, if assessable, a policy from an approved insurer which insures the full amount of contingent assessability of the City will be considered. B. Agents 1. Shall be qualified and licensed as an insurance agent under the requirements of the general laws of the State of Minnesota. Any person submitting a proposal through an insurer which he does nct represent as agent under a written agency contract or employment agreement shall so indicate iii his proposal. 2. If successful, "independent agents" who are not employees or exclusive representatives of the insurer (s) they represent, sh. 1 1 furnish a certificate of Errors and Omissions Insurance with a minimum limit of $1,000,000.00 or furnish other written evidence of their ability to reimburse theCit} for any monetary loss incurred by the City due to negligent error or ommission on the part of the agent, or any employees or subagents thereof, in providing or purporting to provide such insurance coverages as the City may from time to time request either specifically or by implication. C. General 1. Proposers shall furnish a certified check or bond in the amount of 5% of total annual proposed premiums or $250, whiever is greater, guaranteeing that a pol icy or pol icies complying with the terms ref the proposals is to cost and coverage shall be delivered when requested, and that the rates charges for said policy or policies shall be based upon factors both as to type and units identical to those provided by these specifications. The successful proposer's check shall be returned after delivery of policies which mf.et the aforemen-ioned quarantei:. Unsuccessful binders chucks will be returned as soon as a decision is n.jd( 2. The successful proposer shall provide evidence of coverage prior to the effective date and deliver final policies either before said date or within a reasonable time thereafter. 3. The successful proposer shall furnish a division or breakdown of premium as may be required by the City and shall render a detailed report of all losses or reserves at least annuUlly. 4. One factor which may have an important bearing on true cost is the existence or absence n" gaps or overlaps between coverages provided by different_ insurers. For that reason, favorable consideration will be given by the City to proposals submitted through one insurer. If a proposal is submitted through more than one insurer, all insurers shall attach to their policic:-, an "Overlap Endorsement" (sec' exhibit Al or other legally valid written evidence to the same effect. The Overlap Endorsement provides that the event of an insured lobs over which there is a valid dispute as to which insurer is liable, each insurer agrees that if ultimately held liable for the loss, it will reimburse the City for all expenses necessarily incurred by the City to determine which insurer is liable. Reimbursement shall be made only if liability is actually established or compromi--d and then, if shared by more than one insurer, in the proport' that loss payment is made. Example of the need for this ment arise in attempting to fix responsibility in areal ich include the following: Explosion Losses - All Risk Property Cuverage v. Boiler ;Machinery; Crime Losses - Theft or Mysterious Disappearance v. Fidelity; Loading and Unloading Losses - General Liability v. Automobile Liability; Workmen's Compensation v. General and Automobile i.iability; ights and Obligations of the City Acceptance cr Rejection Tije City has as its objective the transfer of certain insurable risks to provide maximum protection at the lowest cost to extent that cost is determinable in advance. Realizing that when all fact,,rs are considered, lowest net premium and lowest true cost may or ma; be the same, the City reserves the prerogative of deciding which over.,: i plan or combinatic of plans, will in its opinion most economically meet its needs. 1. Workmen's Compensation may or may not be included as bidder chooses, but in any event Workmen's Compensation quotation must be separate and divisable. 2. The specifications set forth are what the City considers to be minimum coverage as to forms and a )unts. Alternate bids must clearly show the advantages to the City for acceptance of such alternate bid. A detailed explanation of broader or more limited features of the alternate bid must be attached. Alternate bids without such explanation will not be considered. While there can be no guarantee of subsequent renewals, the City has a long-range interest in maintaining the continuity of services provided by agents and insurers. The City shall give successful proposer (s) first refLsal on renewal for six years after award. The City further reserves the right to reject any and all proposals or parts thereof and to permit informalities, irregularities and errors in the proposals, provided the City shall determine that the differences are technical only and not material and that there issubstantial compliancewith these specifications. In the event of rejection of an entire proposal or proposals, the City will release the pcoposer (s) involved from any obiigatior and return proposal security. B. Underwriting and Loss Data Underwriting and loss data are provided for the purpose of ex`ablishing a fair basis for comparing proposals and neither is ,•aranteed. The City will cooperate with the successful proposer with respect to inspections, appraisals, loss review, etc. The successful proposer will have the right to negotiate with tiieCity to make such changes in premium charges as their inspection after award may justify to the extent that a serious discrepancy exists between the underwriting data and the results of their inspection. The successful proposer has noauthority,however, to change coverage or rate bases. ::1. Proposals A. A separate proposal shall be submitted on the Proposal Form attached hereto in duplicate by each proposer including complete copies of the proposed policies with all forms and endorsements attached. A proposer may submit more than one proposal. Failure to use the Proposal Form shall be considered a substantial rejection of these Specifications. Speciman policies must be submitted with each proposal. B. Proposals shall be received together with a certified check (payable to the Treasurer of the City of Orono) or bond, at administration Building on December 3, 1984, up to 10:00 AM at which time they will be opened anal available for public inspection. C. The City will consider the proposals at their meeting at Village Hall on December 10, 1984, and it is contemplated that announcement of the award will be made at that time. 1V. Effective Date of Policies January 1, 1985, subject to confirmation when the award is announced. V. Name and Address of Insured City of Orono P.O. Box 66 Crystal Bay, MN 55323 VI. General Considerations Proposers are encouraged to use their initiative and imagination in developing the broadest possible program for the City within a reasonable price range. Utilization of deductibles is also encouraged to the eKt;ent required by underwriters, or economically advantageous to the City. Proposers will especially appreciate the problem of public corporations in Minnesota which have lost immunity against all kinds of liability and must therefore seek protection as free from limitations and exclusions of standard -type policies as considerations for insurer and insured can possible make it. Similarly, governmental subdivision needing insurance against loss, damage, or destruction of valuable properties are obligated to seek coverage of the property (ies) as devoid of exclusions as the same considerations can make it in order to protect taxpayer assets from insurable catastrophe. It is in view of these considerations that proposers are urged, when faced with a valid choice between excluding coverage and employing realisti:. to c11ooS4-! thl. All Will "W anen32r] t:) jiv_ of �.ijh:�•�liation. -`. 1-13Rlri:; F;, !Y• Tr.±11SIJrr'-!d- A. Statutory t. .Ibi l i ly to ,71,ployc_'w; - Mork. n::?n'> ^� �.�;h•,•+Lion an i Employer's Liability Insurance Statutory policy. 1. Include All States Endorsement. 2. If a flat dividend will be payable at the end of the policy year, indicate current percentage and net premium. 3. If a resolution is required to bring board and commission members within the purview of the Workmen's Compensation Act, attach copy hereto. 4. If a "Merit Rating", "Equity Dividend", or "Retrospective Rating" plan is proposed, attach a complete copy of explanation. 5. Term: 1 ye—ir. however, if .1 or loaj,�,r plan i i p roposd,j as an alternative, kindly specify and explain. 6. Estimated payroll breakdown and suggested classification of all employees is included with underwriting data. Proposers may apply lower rated codes if approved by the Minnesota Compensation Rating Bureau. 7. If the City borders on federal waters (bor, rs lakes, border rivers, dams if controlled by the Corps of Engineers, and navigable rivers) or railroad switch lines are operated, attached both Longshoremen's and iiarborworkers and Federal Employers Liability Act, or Jones Act Numbers I and II. -4- B. liability to the Public 1. Comprehensive General Liability. a. Include as insureds all officers and members of the governing body, elective and appointive officials, board and commission members, employees, agents or other authorized persons while acting within the scope of their duties as such. b. Provide the Broad Form Comprehensive General Liability Extension including the following: 1. Under personal injury advise if there is any participation by the insured. 2. Make an affirmative statement that personal injury coverage is extended to civil actions alleging discrimination. 3. Make an af f irmative statement that personal injury coverage is extended to mutual aid agreements. 4. Make an af f irmative statement that personal injury coverage is afforded to injury by an employee sustained as a result of an offense related to employment by the City of Orono. 5. Make an affirmative statement that the X - C and its exclusions are removed. 6. Include coverage for owned and non -owned watercraft. 7. If there is a limit or coverage is excludt.?d for loss or damage arising out of riot and commotion or mob action or out of any act or ummission in connection with the prevention or suppression of any of the foregiong, indicate the additional premium charge, if any, to delete such an exclusion. c. Limits of Liability coverage should be $500,900 Each Occurrence; Combined Single Limit; or $500,000 Each Occurrence Bodily Injury and $500,000 Each Occurrence Property Damage. d. Coverage is to be afforded for the use of owned or non -owned snowmobiles. e. Coverage is to be afforded to include Employee benef it liability with a $1,000 deductible. 2. Common Law and Statutory Liquor Liability. If possible, this coverage and general liability shall be provided through the same insurer. a. If Liquor Liability is proposed through a different insurer than the General Liability, attach an Overlap Endorsement to both policies. b. Limit•s. Quote same limits as general liability unless higher primary limits are required in conjunction with umbrella proposal. If so, indicate what limits are proposed. 3. Public Officials' Errors and Omissions. a. Include as insur,!A,, - Th1.? City of Orono all el->ct•:!J and appointed officials, board and commission members, employees, agents or other authorized persons while acting within the scope of their duties. Quote Limit of $500,000 and $1,000,000 Deductible of $1,000 or $2,500 y. Comprehensive Auto Liability. a. Include owned, non -owned and hired car liability. 1. Limits of Liability should be: $500,000 Each Occurrence Combined Single Limit or; $500,000 Each Occurrence Bodily Injury and $500,000 Each Occurrence Property Damage b. Include uninskir.r?d and unJi. ri-i-;,jred motori-;t.i ,-o,/Pr..1ye .it b.+.5it: Iinits. c. Includ- Oa!;i(- Ao Fault Insurance. d. Coverage is to be quoted to include $10,000 garage. Keepers legal liability - Comprehensive $250 deductible Collision $500 deductible. 5. "Umbrella Liability". a. Include umbrella liability with a limit of $5,000,000 excess of all primary coverages with the customary waiver of immunity provision subject to an assumed retention of $10,000. b. Include defense c,f the retention. C. State the name of the insurer and attach a copy of the policy to be used. d. Include coverage for statutory liquor liability. C. Insurance on Property (Show names of insurers, and participation if more than one). 1. Public and Institutional Property. a. "All Risk" provisions (attach) shall be considered minimum protection f r a., property. Substitutions of deductibles (which could vary) for exclusions is invited depending upon property values. b. Values are estimated 100% replacement. Include a replacement cost endorsement (except where "actual cash value" is indicated) and grant permission to rebuild on another site. C. Provide blanket insurance equal to 90'b of stated vaijes sub.ie:ct to an agreed amount clause. 0 d. All necessary statements of values will be furnished to the successful proposer. e. Provide automatic coverage fcr newly acquired locations and new construction in amount of $500, 000. Rates for above will take same credits as proposed for existing property. 2. Boiler and Machinery Items. a. Broad Form coverage is required on all items. b. Include repair and replacement coverage. C. Limits. Preferable the same as the building. Show otherwise. d. A description of all known objects is included with underwriting data. ProposWrs may eith-ar -nake their, own ins;�ctio�ns before award, in which case they will show what additional items ar-e included or if successful, may negotiate with the City for additions. e. If boiler and machinery services are to be provided through a different insurer, explain and attach Overlap Endorsement. 3. Vehicles - Physical Damage a. Include $100 deductible collision or upset coverage on all vehicles valued at $1,000 or more. b. Include ACV comprehensive physical damage on all vehicles valued at $1,000 or more. C. Provide for automatic coverage on all newly acquired or substii.Qta vehicles. 4. All Property by Criminal Acts. a. Cover -acie onCoveraye basis as follows: the term employee is to include all elected and appointed officials. :r.suring Agreement Ia Employee dishonesty (Commercial Blanket) Coverage $50,000 insuring Agreement II Loss inside the premisis $2,000 insuring Agreement III Loss outside the premises $2,000 insuring Agreement IV Money orders and counterfiet paper currency coverage $2,000 Insuring Agreement V Depositors forgery coverage $50,000 Forgery coverage on incoming instruments $2,000 b. If theft coverage on personal property is not provided elsewhere, include theft of stock at the Liquor Store, and office equipment and other stealables at all locations. Explain any coinsurance provisions or deductibles. - 7- s: 5. Marine Contractor Equipment and Miscellaneous Equipment: a. Quote at $100 deductible b. Quote at $250 deductible C. Provide coverage on all newly acquired equipment d. Advisp automatic limit on borrowed or substitute equipment C. Loss of Tncome or Extra Expense Extra expense uiquor store 4,000 City Hall 10,000 Police station 10,000 Golf Course 4,000 garage Loss of IncomQ Liquor store 140,000 Golf Club 82,000 Water tower 50,000 s Exhibit A LOSS ADJUSTMENT ENDORSEMENT In the event of damage to or destruction of property, at a location designated in this policy and also designated in a fire insurance policy(ies) and there is a disagreement between the insurers with respect: 1. Whether such damage or destruction was caused by an Accident insured against by this policy or by a Peril insured against by such fire insurance policy(ies) or 2. The extent of participation of this policy and of such fire insurance policy(ies.y in a loss which is insured agains partially or wholly, by any or all of said policies. -his company shall, upon written request of the insured, pay to the insured one- half of the amount of the loss which is in disagreement, but in no event more than =iis company would hive paid if there had been no fire insurance policy(ies) in effect, subject to the following conditions: 1. The amount of the loss which is in disagreement, after making provisions for any undisputed claims payable under the said policies and after the amount of the loss is agreed upon by the insured and the insurers, is limited to the minimum amount remaining payable under either the boiler and machinery or fire policy(ies); 2. The fire insurers) shall simultaneously pay to the insured on -half of said amount which is in disagreement; 3. The payments by the insurers hereunder and acceptance of the same by the insured siy:1ify t?ie of: tha insurers to submit to and proceed with arbitration within 90 days of such payments; The arbitrators shall be three in number, one of whom shall be appointed by the boiler insurer and one of whom shall be appointed by the fire insurer (s) and the third appointed by consent of the other two, and the decision by the arbitrators shall be binding on the insurers and that judgement upon such award may be entered in any cnurt of competent jurisdiction; 4. The insured agrees to cooperate in connection with such arhitcaticn but not to intervene therein; 5. The provisions of this endorsement shall not apply unless such other policy(ies) issued by the fire insurance company(ies) is similarly endorsed; and 6. Acceptance by the insured of sums paid pursuant to the provisions of this endorsement including an arbitration award, shall not operate to alter, waive, surrender or in any way effect the rights of the insured against any of the insurers. -9- Exhibit B GENERAL ENDORSEMENT If this policy contains a provision obligating the insured, after a loss hereunder, to take all reasonable steps to prevent other bodily injury or property damage from arising out of the same or similar conditions, compliance with such provision shall not be a prerequisite to valid coverage, unless the insurer, before occurrence of such other bodily injury or property damage shall have given -:slid notice to the insured of the preventive steps to be taken, including in such notice, a statement that coverage for other bodily injury or property damage will not continue unless the insured take such steps within a specific time. =.ttac,ned to and Eorminy a part of Policy NO- . _ _ _ . of ::ated Signed by Authorized Representative PROPOSAL FORM (Submit in Duplicate) Mr. W.R. Benson, City Administrator The undersigned has examined the Invitations for Proposals to Underwrite Various Insurable Risks of the City of Orono and proposes to furnish insurance in accordance therewith, subject only to exceptions specifically noted herein. Bid security in the amount of 5% of total annual proposed premiums or $250, whichever is greater, accompanies this proposal, the same being subject to forfeiture as liquidated damages in the event of default. It is understood by the Undersigned that the right is reserved by the City to accept the proposal*(s) which the City determines to be most favorable to the City, or to reject any and all proposals. Insurers have current Best's policyholder's rating of A or h+ and comply with state requirements. Yes No Non -Stock policies are either non -assessable or contingent assessability is insured and a is att•-ichl-_zA. 76-.?S No If an agent, all insurers are represented under an agency contract. Yes No Exceptions If an indE,,sendent agent, a certificate of Errors and Omissions Insurance will be furnished (minimum limit $1,000,000.00) Yes No Binders will be furnished prior to the e'fective date. Yes No billing breakdown and annual loss reports will be furnished as requested. Yes No If a prt;ocsal is submitted involving more than one insurer, an Overlap Endorsement or other similar agreement will be attached to all policies except umbrella. Yes No _)1 PROPOSAL FORM (continued) (Submit in Duplicate) Specialist personnel are employed Account Executive :;nderwriters Appraisers or Valuation Personnel .roperty Engineers Safety Engineers Boiler n Machinery Inspectors Claims Personnel By Insurer By Agent or Broker (Name) (Name) grief description of how they will function to best serve the City: e m.Fterials contained on pages following are hereby made a part hereof. ?.es ctfolly submitted, (da't'e) ------------------------------- 1. PROPOSAL FORM (submit in iaplic:ate) Comprehensive General Liability Insurance Company Limits of Liability CSL ur Bodily Injury Property Damage Coverage Afforded Yes (a) Premises & Operations (b) Owners Protective (c) Products/Completed Operations (d) Blanket Contractural-oral & written contracts including automobile (e) Personal Injury Participation by insured Coverage is afforded for Discrimination Coverage is afforded for Mutual Aid Agreements _ Em;loyee exclusion is removed (f) X, C. and U Exclusions are removed (g) Definition of insured is extended to all elected and appointed officials including but not limited to those persons acting as trustees alderman, councilman or commissioners for the City of Orono (acting individually or as a member of a board or committee). All persons holding title and operating in or out of the business office of the City of Orono, any person acting in an official capacity and supervising an election and any employee of the insured. (h) Host Liquor Liability is included W Owned and non -owned watercr;ift coverage is afforded on and off premises (j) Include General Endorsement (k) Include Overlap Endorsement (1) Is there a Riot Exclusion Attached No -13- (m) Incidental Malpractice is afforded on a blanket basis for the City and any official and employees. _ (n) Does the incidental Malpractice extend to ambulance use. (o) Is the Fire Legal Liability coverage increased to $500,000. 2. Liquor Liability Insurance Company Limits of Liability ............... _ Deductible Is this policy aliditabl-'a — Is coverage afforded if the City provides on stile operation 3. Public Officials Errors & Ommissions Liability Insurance Company Limits of Liability Deductible Is this a claims made policy Does the policy provide coverage for the City Does the policy provide coverage for all the officials Can the Fiduciary ExcluFion be removed _ Can coverage be afforded to include the activities of the City Attorneys activitif.ri of t�l-? "ity Architf't.1.5 activities of the City ,accountants Can exclusion for invec-e and adverse condemnation be removed Can the warranty condition oe removed Does your policy protect City officials from Federal antitrust suits including treble damages _ 4. Civil Rights Insurance. Company Does your error and ommission policy provide Yes No Federal Civil Rights Coverage States Civil Rights Coverage Does -either your Comprehensive General Liability or Errors and Omm'_ssions coverage provide unqualifie3 assualt :.ind/or battery coveray�. S. Automobile t.iahility Ins1Jr�nr.•z noln,�any Limits of Liability _ _ _ _ CSL _ Bodily Injury Property Damage Is coverage afforded for: Yes No (a) Owned non -owned and hired autos (b) Is basic no fault included (c) Is uninsured and underinsured motorists coverage afforded at basic limits (d) Is the fellow servant exclusion removed (e) Is full automatic coverage for additional vehicles afforded 6. Umbrella Liability Insurance Company ..imit of Liability ------------------------------- Self insured Retention (a) Is defense coverage afforded on retention (b) Is errors and omissions covered on a follow form basis (c) Is riot or mob exclusion removed (d) Is coverage afforded on an agree -to -pay basis (e) Is the premium on a flat charge basis - I s- 7. Attorneys Yes No On all liability suits, the City has the right to choose the attorney for defense 8. Automobile Physical Damage Insurance Company (a) Is collision afforded on a $100 deductible basis as :,pe c ified (b) Is ACV Comprehensive aff,:ded on a no deductible basis (c) Is coverage afforded for newly purchased or substitute vehicles (d) Quote options of $50 deductible Comprehensive (e) Quote options of $50' deductible collision 9. Workmen's Compensation and Einplo ers' ,iability Name of Insurer Standard Premium (after experie-:e modification) $ Gross or Deposit Premium (after premium discount) $ Net Premium (after -$ fixed dividend) $ Other dividend or retrospective ratin.; plan is applicable and an explanation is attached Yes No 3 Year Premium Annual Payment (applicable to 3-year premi,. 10. Property Name of Insurers) 1. Public Institutional and General Pro..nerty Annual $ _ (90� of blanket values) a. "All Risks" $ Deductible or franchise Limit Deductible--- b. Includes replacement cost (endorsement does not require replacement on same site as long as it is replaced) . One of new forms covering appreciation during policy term is acceptable. Yes No -I6- -&I- C. increased cost, municipal ordinance and inclusion of underground pipes and wiring is in 'tided. Yes d. Includes agreed amount claw Yes e. "All Risks" incluulFr thef-, It not, show charges as f l-risk coverag-s on: Yes t,imit i. Office Equipment ii. Voting Machines $ _ iii. Other Stealable Equip iv. Liquor Stock (see 5d) S^ 2. Newly acquired property will be i-cluded at similar deviation. Yes 3. Boiler Machinery a. All objects Indicate additions not in un4erariting data, and cast. b. Includes repair and replacement S C. Limits (if different) 11. Marine N �)_ No No Change S S S S No Insurance Company Value of Contractor Equipment Quoted Value of Miscellaneous Equipment Quoted Is quote all risk Yes No Is newly acquired equipmuat cove :d Ye;-- No What limit Is borrowed or sub_-tit+!te equ•nment covered NO Whr.t limit -" lam. Crimi.:al Acts a. Fidelity ane faithful performance Comprehensive Crime assumed (PCBB including forgery. Under w '.A. 41.8.25 S,�bd. Treasurers and Deputies may a Puol is Employees Blanket Bond $ Ye:. b. Ia $50,200 Employee dishonesty II $ 2,000 Loss inside III $ 2,000 Ln^s outside IV $ 2,000 M,_ �y orders Countereit Currancy V $50,000 Depositor* forgery Forgery coverage on incoming---- documenl C. Money and Securities (only if not comprehensive crime) Limits $ d. -heft of s'-ock and office equipment (only if all c4sk excludes theft of personal property.) Burglary is acceptable; use deductibles instead, if necessary $ Limits Co-insurance Deductibles 13. Loss of Income or Extra Expense Extra Expense Limit 1. Liquor store 2. Water tower ��--- 3. City Hall ` 4. Police stat:ion---------` 5. Course 6. Garage --- Loss of Income 1. Liquor store 2. Golf Club ----`- 3. Water tower --__-`-` El $ No _jP_ COVERAGE PREMIUMS (QUOTED COMPANY PREMIUM Comprehensive General Liability Liquor Liability Errors and Omissions Civil Rights and Assault and/or battery Automobile Liability Automobile Physical Damage Option 100 sled. comprehensive Option 530 ded. collision Umbrella Liability Option Property Insurance Loss Of I nco-.e Inland Marine Boiler and Machinery Crime 50,000 limit Computer Coverage - 01- FORM 2 - UNDERWRITING DATA Payroll (annual estimates) CLASSIFICATION Street or road work Store risks (retail) General Municipal Employees Suilrlinj carat ii�� Police, including drivers (see contracts for services applicable to Long Lake, Spring Park & Minnetonka Beach) ?olice reserve (volunteer) (see Civil Defense Workers) Firemen, including drivers (show if volunteer) Firemen, volunteer (population M_-______) waterworks operation "`reet cleaning, including drivers Sea a disposal plant operation_, including drivers CIPrical office employees (include Council, Board and Commission nembeci and if p-3id salacy or per die-n) Civil defense workers (15 volunteers) 7-n;ineers Cemetery, park, golf flub, etc. operation (nine hole golf course used for golfing and non -golfing purposez) Any not included above (such as pool attendants, zoo, airport operation, professional ball players) is municipality on Mississippi, St. Croix, Red River or Lake Superior, or is a federally op.:ated dam within the City limits? Yes No X Total operating costs are to be estimated at $1,600,900. PAYROLL $ 113,929 $ 70,060 $ 166,368 a a 405,950 S S $ 44,199 S S 54,279 S 146,915 S S S 67,224 S A. General and Auto Liability ITEM Sewers Sidewalks Streets, including alleys Bridges or Dams (indicate if contract for maintenance with Corps of Engineers or other federal agency) Water Works Building Permits Elevator BUILDINGS BASIS OF PREMIUM Miles 34.036 255 ft. sewer in Medina Miles t,s 66 Number 4 Length 28'5", 20'7" Million Gallons 53 Each 232 Each (Pass. or Freight) AREA City Hall ____2,400_scft. Polio Code 3762 - Policemen (General Public riding with officers) Purpose of program is to promote citizen good will and public relations. Policemen (Volunteer auxilary Police) Number 3-15 - no compensation. Code 7940*7 - Firing Flanges indoor, Golden Valley Facility, Outdoor -Minnetonka SportsmNn %.Ik b or Henn.pin ::,.aunty Pistol Range Law enforcing contract - Minnetpnka Beach Spring Park Long Lake Auto Parking Hall for Rent Storage 6 Repair Garage Liquor Store off: on: (storage) (garage) (equipment shed) S 38,750 S 173,960 $ 158,000 - Area 405' x 165' Area Area 59' x 128' Area 36' x 41' Area TTT x ;1 Sales 437,528 Sales Public Access - Winter Use Only Eastlake Street 33' Lasher Landing 12' Baldur Park 30' velie Gibbs 12' BASIS OF PREMIUM Skating Rinks (hockey) Each(Area) 142' X 68' 152' X 102'_ Christmas Decorations Blocks Products: Liquor Sales Sales 437,528 Traffic Lights Number 4 Parking Meters Each Police Dog Each Other Eacn B. Public Officials Liability Date of Original Creation of Public Entity December, 1954 Population Last Census 6,845 Names and Official Titles of all Board Officers and Commissioners MAYOR MARY C. BUTLER COUNCII,MEM I1;it JOHN _HAMMEREL COUNCILMEMBER JAMES GRABEK COUNCILMEMBER TI ADAM S _ __ COUNC I LMEMBER - , _ _ _ _ _ TOM FRAHM To`al Budget last 5 years: 1980 1,268,247 Surplus or Deficit +12,929 1981 1,492,718 +93,720 1982 1,532,987 +126,778 1983 1, 62-S, 550 +45, 360 1984 1,785,485 +39,988 Knowit3 ge by entity or any board members of any legal actions likely or pc^,ling, or of can^ellation by any insurer: (sec. page 4a) Contractural (attach copies of all service, mutual aids, joint powers, supply and leases of automobile and civil defense and all other equipment) With Whom S rinQ Park Minnetonka Beach, Long Lake Dollar value of work performed by independent contractors $ 25,000 (annual) Playgrounds & Ballfields The following is a desceiption of the City of Orono Parks, Beaches and recreation: a. Orono Golf Course b. The following beaches are maintained for swimming with both aquatic and land weed eradication program: 1) 60' beach at the end of Maple Plain in section 8 on Worth Arm. 2) 66' beach at end of Lydiard Avenue in section 20 on Carmans Bay. 3) 60' beach on Casco Point, Spring Park Say, Between Lots 101-111, Spring Park Addition C. The following 01.1blit: accesses have docks with land weed eradication, but not aquatic eradication. They are used primarily for boat launching although swimming is allowed: 1) 48' Stubbs Bay Road 2) 40' Access - Loma Linda 3) 63' Access end of Park Lane, Section 6 4) 48' Carmen Road d. Parks 1) 2.61 Acres - Hackberry Park. This park has skating in the winter and limited playground in the summer. 2) .69 Acres - Crystal Bay Playground. 3) 8.4 Acres - Casco Park 4) 11.25 Acres - Highwood Park (Nature Trails) 5) 3.04 Acres - Casco Point (skating rink) 6) 7.32 Acres - bederwood Park 7) 1.33 Acres - Antoine Park (skating rink) 8) .92 Acres - Navarre Playground 9) 5 Acres - Dayton Park 10) .31 Acres - Crystal Bay Playground 3 3. Buildings and Contents (show replacement- cost without depreciation on those YOU would have to r-iplace; depreciated value - actual cash value - on others: this includes contents). •(Attach additional sheets where necessary.) DESCRIPTION & ADDRESS BUILDING CONTENTS PROPERTY IN OPEN Village Council Chambers $18,850 $ 4,500 Block 1, i,o': 3 & 4, Crystal Bay Addition, Orono, Minnesota South Garage $14,200 $25,000 Block 1, LOL 3 & 4, Crystal Bay Addition, Orono, Minnesota Village Garage $12,600 $20,000 Block 1, Lot 3 & 4, Crystal Bay Addition, Orono, Minnesota Warehouse $40,100 $ Block 4, 10-117-23, Crystal Bay Addition, Orono, Minnesota Warehouse $ 2,400 $ Crystal Bay Addition, Orono, Minnesota Street DepartmenL RaiIding $49,900 $ 2,500 Lots 5 & 6, Crystal Bay, MN Streit: D911.;c tinent Garage $ 3,733 Lots 5 & 6, Block 1, Crystal Bay, MN 1 gas pump 785-2-TW Tokheim Commercial 3,000 Orono Liquor Store $21,400 ^_oncrete Block Building Block 6, Lot 15, Townsite Langdon Park Golf Course Clubhouse $77,500 $ 6,000 Plat 41302 Parcel 4500 City of Orono Police Office $ $ 445 Willow Drive So - leased Garage - Golf Course $ 4,100 $2,000 Plat 41302 Parcel 4500 City of Orono Water Treatment Plant $175,250 $133,900 Lyric Ave & Blaine Ave City of Orono Water Tower $245,600 $ Storage Shed - Golf Course $ 2,100 Water Boosting Station $ 30,500 2045 Wayzata Blvd Administration Building $ 99,330 $36,429 Plat 42520, Parcel 0500 City of Orono Post Offi,:e $32,050 1355 Brown Road South City of Orono Storage Building Antoine Pk $18,850 $10,000 Garage Antoine Pk $ 6,670 Value 3a. Computer Hardware $ 8,000 (type Computer Software $ 1,275 4. Boiler (check present policy or municipal or utility engineer for description.) All objects, present boiler policy may be helpful. Limits 100,000 Item Size 1-5W Pressure 301 lbs. Manufacture United States Radiator Corp. Gallons 21.6 per hour water - 1.8 per hour oil 5. Movable properties including contractor's equipment and surveyor's tools: radio towers, transmitters, office inventory (may combine), cameras, transmits., band instruments and athletic, voting machines, art objects, cable rolls, neon ,signs,, debadhable equipment on fire trucks, toots,, watercraft, and anything else atractiveto thieves. Indicate whether or not they are included under Contents in pages 4-5, 3 above. -25- SCHEDULE OF EQUIPMENT NUMBER AND DESCRIPTION STREET DEPARTMENT ZenoTh Green Machine G2A275233 Arc Welder AC2255 1/2" Drill Press Battery Charger 10-ton Floor Jack Onan Generator Two 8' Swenson Sanders Two 8' Swenson Sanders Three 2' Seal Coaters One Pneumatic Tire Roller One Gas Engine Powered Tamper One 16" Homelite Chain Saw 43112129 Two Ridgin Plo.as 13' 33158 Two Trip Plows 10' TB 3050 8' Hydra Turn P.U. Plow 23303 Four Truck Plow Undercarriages One Truck Plow Undercarriage 8' Western Plow Hydraulic Post Driver Road Grader (diesel) 99E8282 12E *Ford T raptor 630 and ;ttachinents ,later Tank & Attachments V Plow 869 One, One-way Plow B31-58-6489-2 Rosco Power Broom 476 Gray ":o. air Power (lobe greaser) Par:_s Washer Winona Malsbury Steamer 28968/C9 Steamer Electro;iics Inc. 9370 Air Compressors -Ingersoll Rand Ford Lawn Tractor Mower Welder Lincoln Arc_ Trailer Flat Red Fayette One Roller Ferguson Air Compr.e3sor SNK676992 Portable Gas Engine Drill Press Air Compressors 102-17312 & 102-17521 Oiler Gunnison Front En(! Loader 9127589 Two Chain Saws 71 7238 & 414886 Backhoe Ford FF311SC623958 Four Hand Talkies ACTUAL CASH VALUE $ 306.00 $ 125.00 $ 250.00 $ 159.95 $ 175.00 $ 300.00 $ 458.00 $ 800.00 $ 960.00 $ 400.00 $ 200.00 S 100.00 $ 63.3 01 $ 1,000.00 $ 1,350.00 $ 1,000.00 S 100.00 $ 675.00 $ 150.00 S 16,720.00 $ 2,300.00 $ 500.00 S 350.00 S 300.00 $ 400.00 $ 200.00 $ 200.00 $ 700.00 $ _0.00 $ =_d.(30 S 3,080.00 $ 125.00 $ 6a3. JI) S 8,640.00 S 650.00 450.00 $ 200.00 $ 400.00 $ 2,700.00 $ 25,000.00 $ 450.00 $ 30,900.00 $ 2,638.00 SEWER_ ANO WATER DEPARTMENT 7'6" Meyers P.U. Plow $ 821).00 Four Dehumidifiers Model 300 $ 520.00 Hach Portable Test Kit $ ?30.00 Homelite Trash pump 3" $ 350.00 Jaeger Trash Pump 3" $ 150.0u Two Homelite Blowers & Hose $ 90.00 Two Environmental Grinders $ 1,300.00 Generator SN21963145474 + trailer $ 2,000.00 COURSE Six Rent.►1 Golf Carts -leased at Golf Cars $ 12,6710.00 Boom Assembly Broyhi l l $ 120.(30 Greans•nower 501 Jacobson Sectional $ 1,965.00 Compressor 106152640 $ 200.00 Chain Saw McCulloch $ 167.95 Cushman Truckster 552534 $ 5,150.00 Leaf Blower H.^ 6970 S 400.00 Grees3ir Aerifier 17488 S 4c30.00 Vertacutter Ren 0 Thin 22156 $ 200.hI Spi esaire Spiking Machine 8366 $ 200.03 Bobcat 6598 $ 300.01 Toro 70" Te :Hower 933256 S 1,600.00 Toro 'lowing Tractor ,v/f -ame Seven Gang Toro Mower 36049-1`5 $ 2,200.00 PARK DEPARTMENT Hustler Lawn Tractor 921635 D912021 & Attachments $ 7,892.00 Two power mowers 5819 & 5825 $ 590.00 Playground Equipment $ 13,360.00 Mo,aer Lawn Boy 8401 $ 350.00 CES Computer Election System a 12,000.00 POLICE DEPARTMENT G.F. Master Portable VHF Radio 036221) S 31,313.00 G.E. 'faster VHF Radio w/Charger 9402904 S 500.00 " 535219646 $ 250.00 " 535219547 $ 275.00 G.E. `VP VHF Radio w/Charger 806175614P $ 275.00 ofif806175714P $ 275.00 ifis806175814P $ 275.00 Tele :'erminals LK- '.Init C1549 $ 1,141.00 Tele Terminals Printer A3437 $ 250.00 Stephenson Breath, yzer 082270 $ %27.00 Stephenson Mark 1I Simulator 051106 $ 213.00 BCA Collection Kit $ 180.00 Stephenson Radar Unit 06598 $ 200.00 Kustom MR7 Radar Unit F2436 $ 1,000.00 Intoxiliayzer 0264 $ 5,000.00 Simulator 8235 8 200.00 SCNhI)ULh; UN EQUIPMENT NUMBER AND 0K.517K I PTLON ACTUAL CASH `✓ALUE POLICE DEPARTMENT Remington Wingmaster Model 870 1196915V $ 100.00 Remington Wingmaster Model 870 S653208V S 100.00 Remington Wingmaster Model 873 S876919V $ 100.00 Remington Wingmaster Model 870 r04O474V $ 100.00 Remington Wingmaster Model 870 T173171V $ 100.00 Stevens Model 520-30 61087 $ 35.00 M-1 Grand - Rifle 1751690 $ 47.00 M-1 Grand - Rifle 3415698 $ 47 WJ H & R 22 Spec. Revolver 9 Sho 570327 $ 50.J" Colt 32 Automatic 348713 $ 50.00 S & W 357 Mag. Revolver K260990 $ 70.00 S & W 357 May. Revolver K262111 $ 70.00 Reising 22 Cal Automatic 10650 $ 50.00 Arminius 22 Cal. Revolver 266521 $ 50.02 H & R 22 C31 . Revolver A.378592 $ 5J • d1.3 Remington 14ingrraster Modal 870 T673248V $ 55.01 Remington Wingmaster Model 870 T575073V $ 55.00 Remington Wingmaster Folding Stock T212205V $ 55.00 Regency 8 Channel Scanning Monit..:r 7011343 $ 100.00 Three Visa Bar w/speakers & _flashers $ 450.00 Three Control Light Switch $ 240.00 Twin Sonic Light Bar w/speaker $ 350.03 S & W Halogen Light $ 70.00 Federal Fire Ball Light Blue $ 50.00 Fo-daral Siren 2E16934 $ 165.00 Federal Siren 2E35440 $ 310.00 Federal Interceptor Siren 2E12667 S 165.00 Federal Interceptor Siren 2E12669 $ 165.00 Federal Director Siren 1E23891 $ 128.00 Five Roll Bar Screen two/shotgun rack $ 600.00 Four Underho:jd Speakers $ 3.10.0j 3 One Camer.i Yashica SN51015762 $ 120.01 One 55.0.3 Five Hydrant Wrenche3 133.04 Foir Bolt Cutters S 149.00 Fire Extinguishers S 270.00 Stephenson Radar 06598 $ -1200.00 Kustom MR7 Radar F2436 r 397.00 MPH K 55 Radar 8223 S 803.00 .usto*n KR Radar F4378 S 800.00 Kalimar Alum Camera $ 75.00 Monitor 4 Channel Regency SN:74-52304 $ 30.00 Monitor Regency Prugrarr 'e Model 80250SN7210'� $ 275.00 Radio w/channel GE Mast IF SN605021513 $ 275.00 Radio w/channel GE Mast, " SN535219646 $ 275.00 One Pager w/charger SNP1�..J8744A $ 75.90 One Pager w/charger SNPlOADJ8714 $ 75.010 One Resusiatator Elder SN3822 220.00 One Resusiat Eider SN7443 $ 220.00 Two RestisiAt, haw SN0003310 & 609332 $ 110.100 6. Vehicles and Trucks Gross Description Year Make Serial Number Veh Wt. Value Ford 1983 LTD 1FABP43GIn^ 12382 $ 8,098. Ford A1-y.. 1984 .'•I3?D 1FABPUGxr,. -2391 94493. railer 1978 Homemade 500. Ford 1980 'Pickup F26HPW9 : :' ),009 7,033. Ford 1980 Fair(non� OX9231:22+l 3,200. Chevrolet 1980 Dump truck SNC1798AV133546 27,500 13,500. Ford 1980 F,irmont OX928194079 3,200. Focd i980 LTD SN016%135218 4,094. Dodge 1975 Pickup W24FB55296773 9,000 1,50.0. 1984 Model TC 7BO42 1GDL73IB9EV501944 27,500 22,258. :ord 1974 Pickup SNF25YPU31291 9,200 3,500. Trailer 1968 Homemade 530. railer 1973 Homerr.ade 503. Ford 1981 LTD 1FABP31G4BU144284 6,200. Ford 1981 LTD 1FABP31G4BU144283 6,200. Ford 1983 Pickup 1FTBR10A5DUB10845 9,000 7,275. G:,C 1975 Sewer Rodder SN120123164728F 34,000 27,500. international 1976 Dump Truck SND05221H410902 32,001.1 9,450. Ford 1982 LTD 2FABP31G4CB157234 7,200. Dodge 1971 Dump Truck SNM71PP1J307461 27,0.' 2,250. AMC 1984 3/4T 41W)PU 1G'PGK24M1EJ517992 10,499. Ford 1984 LTD Squad Car 1FABP43GBEZ155313 10,251. Ford 1984 LTD Squad Car 1FABP43G8EZ155314 10,253. Cord 1984 LTD Squad Car 1FABP43G8EZ155315 10,253. .IC 1974 1T PKP 1GUHK34w6EU531853 12,526. 1984 Pickup 1GTGK24FI7E.7525205 9,;300 11,975. 7. Crime a. List employees by job (include liquor st,)re, hospital, etc) FULL TIME OR HANDLE EMPLOYEES" PART TIKE "TITLE 'MONEY Walter Benson FT Administrator Yes Joanne Lattin FT Deputy Treasurer Yes C},jrlotte Knutson FT Accounting Clerk Yes Connie Manuel PT Liquor Clerk Yes Pam Sutton PT Recorder Yes George Roycraft PT Golf .;nurse Clerk Yes Dorothy Hallin FT City Clerk Yes William Carlson FT water Plant Oper. No Jero,ne Smith FT Sewer Mechanic NLN John Gerhardson FT Public Works Coor. No Fran', Mross FT i;a`r)rer 140 Ronald Steffenhagen FT Go,f Course Super. Yes Sue Bobzien FT Police Secretary Iles Melvin Kilbo FT Police Chief Yes Winton Burmaster FT Asst. Chief No Gary Cheswick FT Sarjent No LorLaine McGowAn FT Liquor Store 'tan. Yes Dian Ehrenberg PT Liquor Clerk Yes Thomas Kuehn FT Finan,:,L: Director Yes Tho-nas Jacobs FT Building Insn.,ctor Yc?: Dale Skreen FT Tight Equipment .0p.No Jamez Gregory FT "eavy Equipment Op.No Steve Hanscn FT .,fight Equipment Op.Nr: J. Marc Fritzler FT Patrolman No Kurt Erickson FT Patrolman No Pat Higus FT Liquor Clerk Yes Bruce Andes -inn rT Patrolman No Jeanne Mabusth FT Zoning Adminis. Yes John Sass FT Light Equipment Op.No Doug Fric;kson PT Golf Covr-,P Clerk Yes J3.-r: :rink,iaus FT S`r-,t F, reman No Wayne ?cast FT Sewe. M(— .,anic No Michael Kirnyczuk FT Patrolman No Mark 'o,nczyk FT Patrolman Brad Johnson F1 Patrolman No Jam... 'iorowczynsk i FT Patro' maa No Steven Pearson FT c v rolman No Jorn Pielow FT P.i:alman No Gregg Griffith £T Patrolman No Carol Hansin" LET Police Secretary Yes Stephanie Sligo PT (—If Course Clerk Ye:: Randy O'Brien PT Light Equip Oper No Curt Briner PT Liquo .erk Yes Michael Greenquist PT Liquor Clerk Yes John Henning PT Liquor Clerk Yes Barbara Pr •,.c) PT .ropy Machine :,per No -30- FULL 'DIME OR HANDLE EMPLOYEES PAR'P TIME TITLE MONEY Thereas Naab FT Secretary Yes Lyle Oman ! FT Bldg. Inspector Yes Michael Gaffron FT Asst. Zoning Adnin Y=s Carrie Sellner PT Golf. Course Clk Yes Betty Golf Course Clk Yes Roy Pet.?rson PT Golf Course Clk Yes Peter nalmer PT Police Clerk Yes RESERVE OFFICER ROSTER (applicable to workmens compensation) Mark Byington 12801 45th Avenue North Plymouth, MN 55442 Richard Glampe 18309 26th Avenue North Plymouth, MN 55447 Jeff Byington 2502 Morningside Road Long Lake, MN 55356 Pete Achey 4720 Bayside Road Maple Plain, MN 55359 Ted West,rdahl 2502 Morningside Road Long Lake, My 55356 Donald Moore 26830 Beverly Road Excelsior, MN 55331 John (Jay) Hamilton 3227 Casco Circle Wayzata, MN 55391 Mark Thomton 2086 Neilson Avenue Long Lake, MIJ 55356 Greg Simar 4945 ;:ort!h Aron Or i ve Mound, MN 55364 Robert Hrkal 8254 Peony ,an.� Maple Irov�., `N 55369 Randy 0'3rien 380 Tirnham Road Maple Plain, MN 55359 Mike Carlson 5629 Glenmoor Rd. N. Minnetonka, MN 55435 Dwan Elliott 12215 Highway 55 Plymouth, MN 55441 Rob Ogram 45 myrtlewood Roa,i -32- h, Money Kept. Description of Safe: Fire Fyter Meilink Steel Safe Loss inside $2,000 Loss outside $2,000 WORKER'S COMPENSATION 1979 7 losses 1980 2 losses 1981 8 losses 1982 0 losses 1983 0 losses AUTOMOBILE CITY OF ORONO $ 1,302.00 $ 1,668.00 $81,825.00 (include.3 one loss $81,700.00 back injury) PROESRTY 1979 1 loss $ 66.00 $833.00 water damayc i933 5 losses $ 3,551.00 0 19819 losses $ 9,457.00 $304.00 theft of Neer 1932 9 loJJ�s $13,376.00 (incIades $1,1,333 .11 age to claimants vehicle) 1983 7 losses $ 3,235.00 0 GENERAL LIABILITY 1979 2 losses 1980 0 1981 2 losses 1982 1 loss 1983 & 0 1982 $26,787.00 impropF.•r zoning MARINE $ 1,550.00 2 losses $ 472.00 0 Y 1,081.00 1 loss $ 165.00 $ 200.00 1 '_oss 0 0 0 r WORKERS' COMPENSATION CLAIMS REPORT i - - --- 403 CLAIMB REPORT FOR CITY OF CROW DATE OF WPORT 09/01/84 i GROUP NO. 02 EMP NO. 0004 POLICY YR 02/01/81 TO 02/01/82 _CLSIN ._ DAYS DATE-OF -------PA10- TO, DATE` ---_ TOTAL-CL A NO. CLAIMANT INJURY DESCRIPTION LOST LOSS MEDICAL INDEM. EXPENSE RESERVE COST ST M 003413 BENSON. HALTER SPRAINB. STRAINS SACK '140 04/20/61 34260. 32 41693. 47 1202.70 633. 91 77790. 00 0 B 904348 CHESNICKi CAR.Y_CONTUSION.,CRVSMINO.BRUISE BAC14 0 97/22/81 0._00 0.00 0.00 0.00 O`00 C - 004431 HIGUS. PATRICIA CONTUSION. CRUSHING. BRUISE HEAD 0 06/30/S1 90.00 0.00 0.00 0.00 90.00 C 004330 SWARTWOOD. STEV POISONING EYE(8) 0 08/29/81 0.00 0.00 0.00 0.00 0.00 C 004627_ FRITZIOL- 1�1 _SPRAINS. STRAINS SACK s - 0 06/23/01 0.00 O_00 O_00 O. 00 0.00 C - - 004803 MOROWCZYNSKI. J CUT. LACERATION. PUNCTURE KNEE 0 09/19/81 0.00 0 00 0.00 0.00 0.00-C 003274 TOMCZYK. MARK Y SCRATCMES.ASRASIONS EYE(S) 0 10/26/01 33.00 0.00 0.00 0.00 33.00 C 006013 BENIIQfi. _MALTEII CONTUSION. CRUSHING. BRUISE BACK ---------- '----------_-�------------ ----------------- -�»-__ _ _ - _ __ O 03/06/82 - _ - 0.00 0_00 --------- O. 00 0. 00 0-00 C _ TOTALS THIS TOTAL MED ONLY INDEM 'X'i'O' CLOSED DAYS PAID ►AID PAID TOTAL POLICY YR. CLAIMS CLAIMS CLAIMS CLAIMS WINO PAY.. LOST _ MEDICAL INDEMNITY___ EXPENSE RVKRVI COST _ _ 8 2 1 1 3 340 *34303. 32 041693. 47 •1202. 70 h73. 3 i 07" IS. 00 - 0 Crum Forster CLAIM RECORD and or wa-1~2 COMPAC FREQUENCY MN PAGE NO. 1 INSURED P MODUCER COWANY / xIC! NUMBEit CITY OF ORONO Ro MURPHY INS AGENCY MGA 99091 1 U.S. FIRE S00333319 12 50 6TH STREET .o.. ►OtKr ►f�100 ro As Of CYCLE RL'N DATE 07/07/84 U MIWEAPOLIS MN Ol/Ol/84 01/O1/8S 06/84 HaJ aRANC" OFf{CE C 55402 LA 07f MINNEAPOLIS _J R CLAIM NUMBER scc att �oe� tea.., I DESCRIPTION CAUSE SITE AMOUNT CMP FIDELITY AND FORGERY 38-843SS2 04/18/84 CMP BURSLARY 38-643173 03/17/84 INSO L IPA 11001RO(5131 1 • CLAIM TRANSFERRED FROM A DEfEkRED FIIF or Crum and Forster or Crum INSURED CITY OF CRONO CYCLE RUN DATE 07/07/84 {RANCH OFa KE 'J+tit 0771 MINNEAPOLIS CLAIM RECORD LIABILITY FREQUENCY MN PAGE NO. 1 ►ROOUCER COMPANY CH'NUMUER R MURPHY INS AGENCY MGA I 99091 NORTH RIVER 0481420 D 12 SO 6TH STREET raou ►OLKr ►F RFOO to AS (>< F U MINNEAPOLIS MN 01/01/84 01/01/856/84 C55402 E.A.► E L- R J � ACCIOEriICR3 CLAIM NUAPUR OArl L CWMAwr wAW wnwu DESCRIPTION .:.F CAUSE SITE AMOUNT ALTO LIABILITY P.D. j8-8411qc7 03/21/84 IGARLOCK BRUCE ;NON INTERSECTION STRUCK OTHER VEHICLE RESIDENTIAL ST 239 L.O.B. TOTALS s;^ AUTO PHYSICAL O.vuE 38-843191 02/CS/84 11E50 00 iPARKEO VEHICLE STRUCK BY OTHER VEH URBAN STREET 19 L.O.B. TOTALS 119 i i POLICY NUMBER OF CLAIMS 2 I 358 IM 1100 IW IiNI - II AIM IMANti1IRRtU IRUM A OIII.RRID IItI JU4 DATE .... 07/07/84 U.S.GRCUP RISK HISTORY EXPERIFNCE REPORT t..RLH12001 V' LUATIC:4 OATE.06/84 INSM' 73—ACCOUNT 3 CITY OF C^.0 :O LCCATIO:i PAGE n'0.6011 SU3JECT C CFC.IS0.2.077 I c. . . . . . . . . . . . . . . .... . . . . . . .HOW REQUESTER 0 16469 LUAf MI XAPOIIS BRANC_4 AG!1JT C------------ -----p p L I C Y______________________ OFTEN C/0 P. MIr:tEAFOLIS 0 I:JJ3ER PERIOD REVIEW PERIOD CODE .037:6 3 403323554 01/01/84 - 01/01/05 01/C1/C4 - 01/01/8S. r"4 --C L A I M-- ACCIOENT ST LIN! OF MAJ N1"!E ........ACCICE!IT INFORM.ITIC;4........ AIICC PATO RESEZVE RECOVY INCURRO SO F T DATE CUSINESS FER CLAIr:;T/L;;?LYEE. .EXPENSE OR M/C CLS CO /DRIVER AGS. DESCRIPTION CAUSE SITE 38-623712-0 1 01/09/84 MINN 77:0 60 U8 "TC!!CZY?lt-KIJZO CUT/PU:^TURE WIRIUG PU3 VAYS 40 CLOSEOM 40 3:-623932-0 1 01/31/84 MIrlN 5410 60 C:3 SAITH JERC:;E 32 EYE I;;J FLY OOJECT EUILOIN3 26 CLOSEOM 26 38-137114-0 1 C4/13/84 MIrO4 7720 SO e::O KIF.NYCZLT M 31 SLIP/FALL SLIPFERY 9L"? rV..II 1001 CLC_SOI 1001 33-137314-1 1 u4/13/84 MI1:1 7720 SO 808 147 4S3 M 600 REVIEW PERIOO TOTAL STATUS CL/CT INO. MEO. TOTAL MED. TOTAL TOTAL WPITTEtl EARr1EO LOSS , PAID PAID PAID RESEP.VE RESE^VE INCI'^RED F^Etl. PREM. RATIO 1; E11 147 147 453 453 600 CLOSED 3 1001 66 IC57 1067 .:TAI 3 1001 213 1214 453 453 1607 r r. •r ,C t: '--CLAIM TRANSFERRED FROM A DEFERRED FILE Memo =84_,o t, TO: City Council COUNCIL MEETING OCT by 1984 FROM: Porn Kuehn, Finance Director CITY OF ORONO DATE: October 24, 1984 SUBJEc,r: Certification of Delinquent Alarm User Fe:-s In august 1`)82, Coj:icil ailont-.a Ordinance Number 243, anOrdinance Rag,ilating The Use of Alarms. in June 1984, Council adopted Ordinance Number 3, 2nd Series, which amended and added provisions to the original ordinance. Under the alarm ordinance, j:rovision was made for charging a fee for each false alarm in excess; of three ,Alarms per calandar year. The ordinancii further provides for a ten percent delinquent penalty if the alarm fees are not remitted to the City within thirty days of bill ing. All delinquent ,alarm fees are to be certified to the County and assessed against the properties s,rved and collected wit'a the subsequent years' taxes. For this year there are two proprt-ies which havN o,jtstandinj delinquent fees. I have prepar,:?d the attached resolution and assessment roll for Council's adoption ,,it the regular meeting to he held October 29, 1984. City of ORONO RESOLUTION OF THE CITY COUNCI L NO. A RESOLUTION PROVIDING FOR THE COLLECTION OF DELINQUENT 1984 ALARM USER FEE CHARGES WHEREAS, tie City Council of tale City of Oronu, Minnesota has Nn.jc_Led certain ordinances under Minnesota Statues, therefore ,);jrsuanL to Chapter 9 Orono City Code as amended pertaining to payment and collection of Alarm User Fees, the following properties are delinquent in nature. 1. WHEREAS, the City has ol)tained from the Hennepin County Auditor levy number 9624 for the delinryuent Alar n t)s.ar Fees. 2. Th3t the Hcnnehin County auditor be and he is hereby aut,iorized and directed to extend upon proper tax lists of the county and furtler collect said assessments in manner provided by liw. Adopted by the City Counc i ; n' r i-? City of Orono Minnesota :it a regular meeting held October 29, 1984. :Mary C, gitler, -Mayor ---------- - ATTES C: Dorothy M. Ha11in, City Clerk Delinquent 1984 Alarm User Fee Charges page 1 of 1 SPECIAL ASSHSSyEwr CERTIFICATION POLLS MUNIC CODE NO. 38 LEVY NO. P.I.D. NO. ADDN NO. TOTAL ASSESSMENT MISCELLANEOUS 9624 02-117-23-32-0003 413b2 $110.00 428115407L 1540 Fox Street 9624 35-117-23-44-3301 43177 55.00 428L 335021 3350 Fox Street 11 COUNCIL MEETING OCT 29 1984 TO: Orono City Council CITY OF ORONO FROM: Jeanne A. Mabusth, Zoning Administrator John R. Gerhardson, Public 'Works Coordinator DATE: October 26, 1984 SUBJECT: Salary Adjustment for Lyle Oman Mr. Oman has completed his 6 month probation period. As department heads responsible for the supervision of Lyle's work activities, we recommend an inorease fro;n $7.25 to $7.50 an hour effective -Octobec 22, 1984. Lyle has performed well in his role as Field Inspector. He completes all building inspections without the supervision of the Building official. Lyle continues to take classes at North Hennepin in order to gain a Building Inspector (-.art-ification. He has also acquired certification from the University -)f Minnesota Extension school for their on -site workshop. Lyle has conducted all on -site inspecti:;-is per annual on -site inspection program and will continue to assist Gaffron with inspections for new systems. Memo #84-60 page 1 of 2 TO: City Council FROM: Tom Kuehn, Finance Director DATE: October 26, 1984 COUNCIL MEETING OCT 29 1984 CITY OF ORONO SUBJECT: Establishment of Revenue Sharing Section 504 Grievance Procedure Section 504 of the Federal Rehabilitation Act states, in part chat "no otherwise qualified handicapped individual . . . . shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance . . . ." The Office of Revenue Sharing has required that all revenue sharing recipients establish a procedure to process complaints of handicapped based discrimination. The attached grievance procedure format w-is developed by the National League of Cities and should satisfy the requirements of the Office of Revenue Sharing's Section 504 regulations. It is recommended that Council approve and adopt the attached Revenue Sharing Section 504 Grievance Procedure. Memo #84-60 page 2 of 2 REVENUE SHARING SECTION 504 GRIEVANCE PROCEDURE The following grievance procedu i is established to neat the requirements of the Revenue Sharing Act as amended. The grievance procedure should be used by any individual (except job applicants) who wishes to file a complaint :.11eging discrimination on the bz s of handicap in employment practices and policies or the provision of programs, sefvices and benefits by the City of Orono. The grievance should be in written form and contain as much information as possible about the alleged discrimination. Other arrangements for submission of a grievance such as a personal interview or tape recording will be made available for the visually -impaired or those with motor impairments. it snuuld be sumbitted within 30 calendar days of the alleged violation to Tom Kueha, Program Coordinator, P.O. Box 66, Crystal Say, '44 55323, Phone Number (612)473-7358, Office Hours: 3:00 A.M. - 4:30 P.M. (This is the individual who has been designated to be responsible for coordinating of forts to com;)ly with the handicapped discrimination requirements.) Within 15 working days of receipt of the complaint, the Program Coordinator will respond in writing (or a method understood by the complainant) to the complainant. The response will offer a resolution or explain the position of the City of Orono with respect to the complaint. if the response by the Prog , n Coordinator is not suf f icient or ..oes not satisfactorily resolve tie issue, the complainant may request a hearing within 15 working days of the response before the Orono City Council, P.O. Sox 66, Crystal gay, nA 55323, Phone Number (612)473- 7358, Office Hours: 3:30 A.M. - 4:30 P.M. for resolution. Within 30 calendar days of the hearing, the complainant will receive the final resolution in writing (or a method understood by the complainant) as proposed by the Orono City Council. All complaints received by the Program Coordinator and responses from the Orono City Council will be kept by the City of Orono for a period of three years. These documents may be requested by the Office of Revenue Sharing should an investigation into alleged discrimination on the basis of handicapped status be initiated. TO: Orono Council FROM: John R. Gerhardson, Public Works Coordinator DATE: October 17, 1984 SUBJECT: Sapitary Sewer Connection Grant Program - Crystal Bay Area At the September 24, 1984, Crystal bay sanitary sewer public hearing, Council directed staff to research the possibility of funding availability for private connection to the proposed Crystal Bay sanitary sewer main line. Each year the City of Orono receives approximately $28,000 from community development block grant funds (CDBG) administered through Hennepin County. For the past few years, Orono's allotment has ueen allocated to Housing Rehabilitation. I have beer. informed that the City can designate the funds for qualifying residents for connecting a dwellir i to the sanitary sewer main line specifically in a designated area in the City. If it is determined that we do resolution designate t0ose funds program" for the Crystal Bay area. administer the program. just that, then Council must by for a "utility connection grant In doing so, the City would have to Attached for review is a sample procedural guide and the necessary forms for the program. Be advised that the income levels in the procedural guides are not current but have increased to the current section 8 income guidelines,a copy of which is attached. COUNCIL MEETING OCT CITY OF ORO)vO DATE: July 12, 1984 TO: Fi1v HENNEPIN FROM: Mark Elmberg SUBJECT: SECTION 8 TNCOME LIMITS EFFECTIVE MAY 11, 1984 T` cross annual income limits for programs using Section 8 income 1, is are as follows: 1 person - $18,400 2 persons - $21,000 3 persons - $23,600 4 persons - S26,250 5 persons - -�27,900 6 persons - $29,550 7 persons - $31,150 8 persons - $32,800 procedural guides URBAN HENNEPIN COUNTY UTILITIES CONNECTION GRANT PROGRAM UHC 983 TABLE OF CONTENTS Section I DEFINITIONS . . . . . . . . . . . . . . . . . . 1 'II Section CONDITIONS GOVERNING ADMINISTRATION . . . . . . 3 A. Amendments; Directives. . . . . . . . . . . 3 B. Federal and State Regulations . . . . . . . 3 C. Administrative Subcontracts . . . . . . . . 3 D. Delivery of Grant Funds . . . . . . . . . . 3 E. Approval of Grant Package . . . . . . . . . 3 F. Statement of Warranties . . . . . . . . . . 3 Section III RESPONSIBILITIES OF THE CITY. . . . . . . . . . 5 A. Outreach and Public Information . . . . . . 5 B. Inspection of Properties. . . . . . . . . . 5 C. Application Selection Criteria. . . . . . . 5 D. Bid Obtainment . . . . . . . . . . . . . . 6 E. Preparation of Grant Package. . . . . . . . 6 F. Disbursement of Funds . . . . . . . . . . . 6 G. Prohibition of Service Fee Charges. . . . . 6 Section IV ELIGIBLE PROPERTIES . . . . . . . . . . . . . . 7 Section V ELIGIBLE IMPROVEMENTS . . . . . . . . . . . . . 8 Section VI ELIGIBLE RECIPIENTS . . . . . . . . . . . . . . 9 A. Ownership . . . . . . . . . . . . . . . . . 9 B. Household Gross Annual Income . . . . . . . 9 C. Asset Determination . . . . . . . . . . . . 11 a TABLE OF CONTENTS (con't.) Section VII GRANT APPLICATIONS . . . . . . . . . . . . . . 13 A. Homeowner Application for Grant . . . . . . 13 B. Individual Data Confidentiality . . . . . . 13 C. Income Verification . . . . . . . . . . . . 13 D. Asset Verification . . . . . . . . . . . . . 14 E. Title Verification . . . . . . . . . . . . . 14 F. Applicant Data . . . . . . . . . . . . . . . 15 G. Inspection Report . . . . . . . . . . . . . 15 H. Repayment Agreement . . . . . . . . . . . . 15 1. Contractor Bids . . . . . . . . . . . . . . 18 J. Contractor -Homeowner Warranty . . . . . . . 18 K. Proceed to Work Order . . . . . . . . . . . 18 L. Amendment Request Certificate . . . . . . . 19 M. Complaint Record . . . . . . . . . . . . . . 19 Section VIII ACCEPTANCE PROCEDURES . . . . . . . . . . . . . 20 A. Review of Grant Packages. . . . . . . . . . 20 B. Notification of Approval/Denial . . . . . . 20 Section IX COMPLETION AND DISBURSEMENT PROCEDURES. . . . . 21 A. Completion Procedures . . . . . . . . . . . 21 B. Disbursement Procedures . . . . . . . . . . 21 Section X GENERAL CONDITIONS RELATING TO GRANTS . . . . . 23 A. Urban Hennepin County Equal Opportunities/. 23 Affirmative Action Requirements I. DEFINITIONS A. Utilities Connection Grant "Grant" means the commitment of funds on behalf of recipients for the purpose of making eligible improvements to eligible properties as described in Sections IV and V of these Procedural Guides. B. Recipient "Recipient" means an individual or household meeting the requirements of Section VI who applies for and receives a grant. C. Grant Package The "Grant Package" consists of all documents listed below and e;;plaoned in Section VII. 1. Homeowner Application for Grant 2. individual Data Confidentiality 3. Income Verification 4. Asset Verification 5. Title Verification 6. Applicant Data 7. Inspection Report 8. Repayment Agreement (if utilized) 9. Contractor Bids 10. Contractor -Homeowner Warranty 11. Proceed to Work Order 12. Amendment Request Certificate (if needed) 13. Complaint Record (if needed) D. Resident "Resident" means a person, other than a renter, living in the household for at least 9 months of the year. E. Household Gross Income "Household Gross Income" means the annual income of all residents of the recipient's household as determined in accordance with Section VI. F. Assets "Assets" means the assets of an applicant as determined in accordance with Section VI. G. Utilities Connection Utilities Connection shall include the work necessary to connect the house to the public facilities systems. It does not include any costs or work which was or can be assessed to the homeowner by the city. H. Grant Administrator The "grant administrator" means the person and/or agcncy processing the grant. N II. CONDITIONS GOVERNING ADMINISTRATION A. Amendments; Directives These Procedural Guides may be amended or supplemented from time to time by Urban Hennepin County by issuance of revised pages which shall be effective as of the date of issue or such later date as the amendment shall specify. Administrative memoranda may also be issued which discuss policy interpretations, clarification of procedures, and other administrative matters. B. Federal and State Regulat »ns Nothing in these Procedural Guides shall be construed in such a manner as to conflict with, alter, or amend any federal or state regulation applicable to the conduct of the city's business. C. Administrative Subcontracts The city may enter into agreements with other entities for the purpose of obtaining assistance in the performance of certain administrative tasks with respect to the delivery of Grant Funds. Regardless of such agreements the city shall fulfill the following requirements: 1. The city shall bear full respr-o-J bility for the performance of any subcontracting entity wi'n respect to the Grant Program. Such performance shall include, but is riot limited to, the full adherence to policies and procedures set forth in these Procedural Guides. 2. The city is -fully liable for all warranties ano representations made regardless of who does the actLal origination and/or packaging of grants. D. Delivery of Grant Funds The city must disburse funds directly tD contractors for completed work in compliance with Sections III :,nd IX. The city may make and deliver grants having an aggregate principal amount not to exceed the amount `ermined b,• the City Council. E. Approval of Grant Packa Work cannot begin until the grant package has been approved by the City and a Proceed to Work Order has been sent to the contractor and the homeowner. F. S'Atement of Warranties The city hereby makes the following warranties on the date that each Grant Package is approved: i 1. The city is legally authorized and constituted to administer the Utilities Connection Grant Program in the State of Minnesota. 2. No payments, fees, or remuneration' of any type whatsoever have been solicited or received from any grant recipients or applicants. 3. After reasonable inspection, the city has no knowledge that any improvement covered by the grant is in violation of any appli- cable zoning law or regulation. 4. Any employee of the city who is authorized to sign or countersign checks, drafts, or to certify vouchers shall be covered by a fidelity and forgery bond in an amount at least equal to the lesser of S25,000.00 or one-th;rd (1/3) of the city's total authorized Grant Funding. Such an employee must be an authorized signatory as evidenced by a written instrument of the governing body. S. If, as to any grant disbursed by the city, any of the warranties contained in Section II is in fact untrue in any respect, then the County may, at its option, take whatever action it deems necessary, including legal action, to recover from the recipient and/or the city, the Grant Funds so disbursed in violation of such warranties. 6. Ho member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program. The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpo _s of this section. 4 III. RESPONSIBILITIES OF THE CITY A. Outreach and Public Information The city will be primarily responsible for the promotion of the Grant Program at the local level. The city must exercise care in avoiding any advertising or outreach methods which may be deemed to systema- tically exclude potentially eligible applicants. Access to program materials may not be denied to any person for any reason. The program should include efforts to reach those persons who tradi- tionally would not have been expected to receive Utilities Connection grants. In order to develop an affirmative marketing program, the city should review its normal outreach methods to determine how the methods currently in use can be improved to reach out to persons who otherwise might not apply for assistance under the Grant Program. B. Inspection of Properties The city shall be responsible for carrying out a minimum of two inspections of each approved property. 1. One inspection shall be accomplished prior to the approval of the Grant Package tc determine that the utilities to be connected have not previously been connected. 2. After all work is finished, the second mandatory inspection shall take place to determine that the work has been completed in a satisfactory manner. C. Applicant Selection Criteria The city will implement a first come, first served basis for appli- cant selection. Such a selection process will govern the selection of applicants for grants in the event that the number of applicants exceeds the number of grants that can be awarded, either within one or more target groups (if a targeting plan has been established) or within the entire population to be served by the city (if no targeting plan has been established). It is imperative that each inquiry and application be dated. This dating will be the only device available to the city for recording the priority ranking of the applicants. In applying the first come, first served process, the city must adhere to the following guidelines: I. The first come, first served process must be uniformly applied during the entire funding year. 5 3. Where no funds are available for assi _ante to eligible home- owners, the following procedure shall be used: a. Explain to the homeowner that the funding for the current year has been either depleted or allocated. b. Send the homeowner a letter of rejection outlining other possible avenues of obtaining loan funds. D. Bid Obtainment As the improvements are to be bid individually for each property, an itemized bid must be obtained from the contractor along with a Contractor -Homeowner Warranty form signed by the contractor and the homeowner. The city may provide assistance to the homeowner in obtaining bids, if necessary. E. Preparation of Grant Package The city shall be responsible for the thorough and accurate com- pletion of all program documents as specified in Section VII of these Procedural Guides. The city will assist the Applicant with the preparation of the Grant Package, upon request, in certain situations. Such assistance shall include a personal visit by a city employee to the home of the Applicant or to any reasonable location which is accessible to the Applicant. Assistance will also be given, when needed, to complete necessary tasks required to complete the Grant Package. In certain extreme cases, the city may be required to complete all necessary forms ind tasks needed for the Grant Package. Only in cases where the homeowner is unable to handle his/her own affairs when dealing with the Utilities Connection Grant Program should this service be rendered. F. Disbursement of Funds The city shall bear the respons bility of disbursing funds directly to contractors who have performed work. The city shall make no disbursement for any work completed until the property has been inspected and a Completion Certificate has been signed by all parties according to the procedures set forth in Section IX of these Procedural Guides. G. Prohibition of Serv` a Fee Charges The city shall not charge an applicant or recipient any application, processing, or other fee. 6 IV. ELIGIBLE PROPERTIES Grant Funds shall be used to enable applicants to improve properties which meet the follo%ing criteria: Q. The property to be imp-oved must not be in violation of applicable zoning ordinances. B. The property must be located within the city, must be used primarily for residential purposes, and must contain no more than two dwelling units, one of them owner -occupied. C. Grant Funds must be used to finance only improvements upon or in connection with existing structures. D. The property to be improved must be a permanent structure. That includes owner -occupied mobile homes located on land owned by the applicant. Trailers are not eligible. E. Properties being improved must constitute a permitted use or be subject to a conditional or special use permit under the applicable zoning ordinances including municipal, urban renewal, and development district plans which use or permit must not be impaired by t`ie contemplated improvements. V. ELIGIBLE IMPROVEMENTS Improvements made with Grant Funds shall satisfy the following requirements: A. No Grant Funds shall be used in whole or in part for the purpose of refinancing or paying off an existing indebtedness. All such funds must be used to finance improvements begun after approval of the ap- plication for such funds. No improvements are eligible if begun before approval of the grant paces _y thecity. B. All contracts covering all or any portion of an improvement must contain a city approved warranty of workmanship and materials. C. Grant funds mu,,t be used only for the payment of Utilities Connec- tions against the property of the applicant. If the applicant has more than one legal buildable loc, a grant may only be given for the service to the applicant's home. D. Each improvement must be made in compliance with all applicable health, fire prevention, building and housing codes and standards. E. Mork covered by the Utilities Connection Grant Program includes that work necessary to connect the house to existing public facilities systems. It does not include any costs which were or can be assessed to the homeowner by the city. VI. ELIGIBLE RECIPIENTS The city must deny the applicatio,. ,,,y applicant which does not meet all the requirements set forth in _ .,e Procedural Guides including the ' requirements of income, assets, eligible properties, and eligible improvements. A. Ownership 1. The recipients must individually or in the aggregate have at least: a. A life estate; b. A one-third interest in the fee title; c. A one-third interest as purchaser in a contract Tor deed with respect to the structure to bc- improved and must occupy such property ,s their principal place of residence. 2. All individuals occupying the structure to be improved as their principal place of residence and having an ownership interest in such structure crust join in the application. 3. For the purpose of this program, ownership shall be based on the information recorded in the Hennepin County Recorder's Office. Unrecorded contracts for doed shall not be viewed as proof of ownership. 4. To be eligible to receive a grant, the applicant must be current on property taxes on the property to be improved. If this payment is in arrears, it must be made current befure the application can be approved for funding. If the applicant is delinquent on the property taxes the grant may only be given if the applicant is current on a payment schedule with the appro- priate agency. 5. In addition, the applicants must occupy the property as their principal place of residence. To consider a properly as one's principal place of residence, an individual must reside at the property at the time of application and occupy the property for at least nine months of the year. B. Household Gross Annual Income 1. Recipients must have a household gross annual income at or below the amounts shown for their family size on the following chart. Gross -annual income is defined as the gross annual income, from all sources before taxes or withholding, of all family members living in the housing unit !including individual non -related adults). Include all persons living in the housing unit for at least nine (9) months of the year and who do not pay rent. GROSS ANNUAL INCOME LIMITS 1 Person $13,500.00 5 Persons $17,500.00 2 Persons 14,500.00 6 Persons 18,500.00 3 Persons 15,500.00 7 Persons 19,500.00 4 Persons 16,500.00 8 Persons 20,500.00 For each additional person, add S1,000.00 The grant administrator should be aware that non-recurr4ng types of income should be included as assets rather than as income. Items for inclusion under this category may include: cash sales of property, receipt of one-time survivor benefits, etc. A one-time sale of stock does not count as income, but rather the proceeds are counted as assets. Any city wanting to implement the grant program with a gross annual income limit deviating from the above chart, must submit in writing, an explanation of the reasons for the deviation to Hennepin County for review, prior to the start of the funding cycle. 2. Gross annual income includes: a. Any public assistance, includinq, but not limited to: welfare, AFDC, SSI, and unemployment compensation. b. Salaries (including commissions, bonuses, overtime pay, and tips). c. Alimony and/or child support. d. Interest and dividends. e. Pensions and annuities, incl-j, P.E.R.A. and social security. f. Rental income; farm rental income. g. Estate or trust income. h. Business profit --for self-employed individuals, including farmers and child care/babysitting. i. Gains from the sale of property. j. Interest payment received from properties being sold on contracts for deed. k. Partnership. 1. Personal and/or business loans m. Miscellaneous income. Gross annual income is the income derived from all sources before tax or withholding, of all members of the family living in a housing unit (including individual non -related adults) for at least nine (9) months of the year and who do not pay rent. 3. Gross annual income shall be based upon annualized weekly or monthly income as of date of verification. 10 4. In cases where the Gross Income of the applicant's household is extremely low, the applicant must produce written verification of the monthly expenditures clearly itemizing the amount of money, and its source, spent on all of, but not necessarily only, the following applicable items: mortgage, contract for deed, insurance, loans, income and property taxes, transportation expenses, charge accounts, health costs, food, utilities, clothing, and entertainment. These expenses shall determine the household maintenance income. 5. Any income determination which results in a net LOSS of income must be considered as $O income. That is, an income loss from one source may not be subtracted from a separate source of income for the purpose o7 determining total household gross annual income. 6. Any educational grants, including VA benefits, which are paid directly to the individual must be included as income. Grants or scholarships which are paid -irectly to an educational institu- tion are not included as income, nor are educational loans. 7. Projected bonus and/or overtime will be determined by the grant administrator through contacting an employer. The amount may be based on prior years figures or average amounts awarded to other employees with the same status. The most recent IRS tax return may also be used for these purposes. 8. Self-employed persons must submit signed copies of IRS tax returns, as sent, for the previous two years. The grant adminis- trator will determine gross annual income by -raging the income of the last two years. Normal out-of-pocket ness expenses such as office rent, telephone, etc., are generclly deductible items. Property or equipment depreciation is not deductible. 9. income from rental properties, including rents from the property to be improved, shall be included in Gross Income. Expenses allowable for deduction for rental purposes include mortgage interest payment, utilities, taxes, insurance and maintenance. In no event shall such deductions exceed gross rental income. C. Asset Determination 1. "Gross assets" shall be defined as the current market value of an item listed minus existing indebtedness on that item. Assets shall include tFe following items: a. Cash on hand. b. Cash in checking accounts. c. Cash in savings accounts, including accounts held in trust. d. The cash value of lire insurance policies. e. The cash value of securities or U.S. Savings Bonds. f. The current market value of all interests in real estate, not including the structure to be improved, and a parcel of real property of not more than two (2) acres on which the struc- ture is located. Included in this determination is any land to which any resident of the household holds title to or is selling on contract for deed. The value of contract for deed property shall be defined as 100`0 of the outstanding balance on the contract. g. All other property, exclusive of household furnishings, clothing and one vehicle. This section includes but is not limited to: farm equipment, boats, snowmobiles, motorcycles, farm stock and additional vehicles. h. If the applicant owns a business, in full or in part, and that business is incorporated, then the business equipment is not a personal asset. If the business is not incorporated, the business equipment is then considered a personal asset. The value of the ownership of the business by the applicant is a personal asset. If the applicant owns less than 100; of the business, written notarized proof of the percent of ownership must be provided by the applicant to the grant administrator. 2. Recipient's asset limit: The gross assets of the recipient, excluding the residential property to be improved, shall not exceed S25,000. 12 VII. GRANT APPLICATIONS The city shall be responsible for the thorough and accurate comple- tion of all program documents as listed below: A. Homeowner Application for Grant B. Individual Data Confidentiality C. Income Verification D. Asset Verification E. Title Verification F. Applicant Data G. Inspection Report H. Repayment Agreement (if utilized) I. Contractor Bids J. Contractor -Homeowner Warranty K. Proceed to Work Order L. Amendment Request Certific­.- (if needed) M. Complaint Record (if neec• A. Homeowner Application for Grant This application shall be completed in full and signed by the applicant. The Homeowner Application for Grant provides: 1. Household Information 2. Income Information 3. Asset Information B. Individual Data Confidentiality The applicant's rights as a subject of data are fully described on this form. C. Income Verification All sources of income listed on th- Homeowner Application for Grant must be verified by the city. EVIDENCE OF SUCH VERIFICA- TION MUST BE INCLUDED IN THE GRANT PACKAGE. The following is a list of acceptable forms for income verification evidence: 1. Written verification from employers or other income pro- viiers. 2. Copies of current checks or check stubs. 3. IRS forms only in the case of self-employed individuals (see Section VI). 4. Statements of deposit from bank. 5. Copies of deposit slips indicating the deposits of a parti- cular check. 13 6. Income derived from rent must be verified by the renter in writing or by examining copies of checks or rent receipts. The date of the document used in verifying income may not be more than 90 days previous to the date of approval of the grant. D. Asset Verification It is the responsibility of the city to verify all assets as reported in the Application. Acceptable forms of verification include the following: 1. Copies of bank statements showing the balance. 2. Verification letters from the banks, insurance companies, stock broker, and the like indicating the amount of assets and indicating the rate of interest received on those assets when applicable. 3. View the property tax statement to determine the value of other property owned and/or the value of acreage over two acres surrounding the residence. E. Title Verification If No Repayment Agreement is Utilized: Include in the grant package a copy of the most recent Property Tax Statement indicating the applicant as owner or assessed name as well as taxpayer or agent. If an individual other than the applicant is listed as owner or assessed name, a notarized letter of explanation must be attached to the property tax statement explaining the reason, i.e., buying the residence on a contract for deed. If a Repayment Agreement is Utilized: Title Verification Form must be used. 1. The Grant Administrator must obtain the following information from the Registrar of Deeds regarding each property: The full name of all owners of record, including first name, ast name, middle name or initial and additional names which may appear in the records such as maiden names. b. A determination of the system under which the property is recorded --either Torrens or Abstract.. 14 2. Upon obtaining this information, the Grant Administrator must determine that the applicants individually or in the aggregate have a qualifying interest in the property consisting of at least: a. A valid life estate. Such life estate must be recorded and must appear in the records of the County; or b. A 1/3 interest in the fee title. Such interest may be subject to a mortgage; or c. A 1/3 interest as a purchaser in a contract for deed with respect to the structure being improved. F. Applicant Data The family size and household gross annual income must be inserted where indicated on the Income Formula section of the form. G. Inspection Report 1. A copy of the initial inspection report must be included in the grant package. 2. The inspection report must be signed and dated by the inspector performing the inspection. 3. The city shall inspect the residence to determine the need for the proposed Utilities Connection for which the grant will be given. H. Repayment Agreement As specified in the provisions of the Repayment Agreement, the recipient shall be required to notify the city immediately upon the sale, transfer, conveyance or cessation of residency of the property. 1. Each grant shall be subject to an Agreement for Repayment which provides that in the event that the property upon which the improvements is sold, transferred, or otherwise conveyed by the grant recipient within five (5) years from the date upon which the grant application was approved, or in the event that such property ceases to be the recipient's principal place of residence within five (5) years from the date upon which the grant package was approved, then the recipient shall repay (and the city shall have a lien to the extent permitted by law on the property as security for such repayment) all or a portion of such grant funds in accordance with the following schedule: 15 Period of time after grant, within which sale, transfer, conveyance, Percent or cessation of residency occurs Repayment Prior to end of 12th full month 100" After end of 12th full month until end of 24th full month 80N After end of 24th full month until end of 36th full month 6W' After end of 36th full month until end of 48th full month 40N After end of 48th full month until end of 60th full month 20% After end of 60th full month No Repayment 2. Execution of the Repayment Agreement In order to create a valid lien on the property which has been improved by grant funds, the city must exercise extreme care in the execution of the Repayment Agreement document. Any inaccu- racy or omission may have a negative effect on the validity of the lien. Prior to the submission of the grant package the city should ensure the completion of the following sections of the Repayment Agreement only: a. Property Description. The property description must be clear, legible, accurate and complete. Care must be ta�en to ensure that the description is exactly as it appears in the property records. If the app 1cant owns property other than on which the structure to be improved is located, only the description of the property on which the structure is located should be included. b. Signatures The record names (the names exactly as they appear in the property records) must be used by all whose signatures are required. The following is a brief discussion of the signatures required under particular property ownership situations: 1) Any jOINT TENANCY -- signatures of all joint tenants are required. :6 2) Property held by ONE SPOUSE -- signatures of BOTH spouses are required. 3) Property h0 d in LIFE ESTATE -- signatures of the appli- cant (life estate holder) and signature of sufficient remaindermen to comprise at least 1/3 interest. (Example: If there are 12 remaindermen in title, the signatures of 4 of them are required to comprise 1/3 interest, assuming equal interest for all). 4) Property being purchased on CONTRACTOR FOR DEED -- signatures of the applicant and all individuals who are aggregating their interest to meet the ownership requirement; and the fee title holder (and spouse or others, as applicable) of the property; and the signatures of any intervening vendees of the Contract for Deed. c. Notarization of Signatures. 1) All required signatures must be notarized, including the "mark" of a signater who is unable to write (such a mark must he witnessed by at least two persons other, then the notary). Additional acknowledgments may be added to the Repayment Agreement form to accommodate any necessary notarizations. 2) All dates (except those in the notary's acknowledgements) in the Repayment Agreement shall be left blank at the time that the grant package is submitted. The city has three options with regard to obtaining the signature of the homeowner on the Repayment Agreement. It is recommended that the grant amount in the Repayment Agreement be left blank at the time the grant package is submitted. This allows the city flexibility with regard to Amendment Requests by not requiring a new agreement to be signed should the grant amount change upon completion of the work. The city may accept the document with the maximum grant amount in place, recognizing that upon completion of the grant should the total of the work not equal the maximum grant amount exactly, a new document must be executed. If the homeowner refuses to sign a blank repayment agreement and also refuses to sign a repayment agreement indicating the maximum grant amount, the Grant Administrator shall require that the homeowner sign the repayment agreement which has the total of he selected bids inserted as the grant amount. The Grant Administrator shall, in writing, inform the homeowner 17 and all !elected contractors that no amendments to the arant amount will be approved without first obtaining a signed repayment agreement indicating the altered grant amount. The Repayment Agreement shall be filed with the proper recording office, i.e., the Registrar of Deeds or Registrar of Titles for Hennepin County, in such a manner as to create a valid lien against the property, on all properties improved with grant funds provided that the creation of such a lien is permitted by law. It is the responsibility of the city to record this agreement with the proper recording office after the improvements are completed. If any grant funds are used for purposes other than an eligible improvement upon eligible property or if the recipient's application is found to contain a material misstatement of fact, the recipient shall be liable for repayment of all or part of the originally approved grant funds. In addition, any fraudulent use of funds may subject the recipient to fines and/or imprisonment under the Minnesota Criminal Code. Contractor Bids The city may provide assistance to the homeowner in obtaining bids for utilities connection. The city may devise such other bid and proposal forms or other forms which may aid the home- owner in obtaining adequate bids. The city may at its discretion require the submission of a speci- fied number of bids from the applicant for the work to be done- J. Contractor -Homeowner 'Warranty Each contractor selected to carry cut improvements must sign a warranty of workmanship and materials provided by the City for the protection of the applicant. This warranty is contained in the Contractor -Homeowner Warranty. A copy of each bid or esti- mate for all work to be performed by the contractor must be attached to the respective Contractor -Homeowner Warranty. Such bids or estimates must be based on the inspection report. All Contractor -Homeowner Warranties, accompanied by bids, must be included in the Grant Packane. K. Proceed to Work Order Forwarded to both the homeowner and contractors, this letter states the approved grant amount and date of approval and gives the authorization for the work to begin as per the bids inclu- ding any outlined changes to the bids. 0 L. Amendment Request Certificate The form outlines all changes in the approved grant amount, either additions or subtractions, by each contractor. It must be signed by the contractor and the homeowner and approved by the city. A revised bid must be attached. M. Complaint Record This form should be used to document complaints by homeowners which are not resolvable by the grant admiristrator to the satisfaction of both parties, or when the resolution will require a lengthly process. W VIII. ACCEPTANCE PROCEDURES . A. Review of Grant Packages 1. The c;ty will prore�,s applications using the first come, first served selection criteria established Ivy the city as required in Section III of the-,e Procedural Guide 2. Applications :sill be accepted as follow,;-. a. Applicants Rust submit their request for a Utility Con- nection Grant on an Urban Hennepin County Grant Applica- tion form. It should be submitted to the city. b. The city will review the individual packages using the qualifications as outlined in Section VI. Grant Packages shall contain all of the documents listed in Section VII of these Procedural Guides. The city may reject unacceptable packages and 'hold them until the necessary information is provided after notifi- cation of same to homeowner. c. The decision of the city will be final. However, appeals may be made in those cases where applicants believe they were not treated equitably. Appeals shall be in written form submitted to the city outlining the applicant's concerns. The city should review the con- ce•ns and reply in written form to the applicant within 15 days. If after this review, disagreement is still evident, the city should contact Urban Hennepin County to mediate the situation so as to eliminate potential confrontations between the city and the applicant. B. Notification of Approval/Denial If the applicant is determined to be ineligible, the city must inform the applicant of that denial in writing within five days of the denial indicating the reason(s) for denial and outlining the appeal process as stated above. Upon approval of a grant package, the City must inform the applicant of that approval in writing indicating the amount of the grant approved. The repayment agreement will have been executed by the city and dated according to the date on which the grant package was approved. c2n , IX. COMPLETION AND DISBURSEMENT PROCEDURES A. Completion Procedures No grant will be considered complete until the following steps have been accomplished: 1. Inspection of the Property. All improvement work must be inspected for completeness, conformity to specification, and quality of workmanship. The city must require completion or correction of any item found lacking. Failure of a contractor to comply with such a request for completion or correction of work may be considered grounds for the city to withhold all or part of the payment due to the contractor. 2. Completion Certificate. Follori;:g the final inspection and successful completion of work, the Completion Certificate must be signed b; the Recipient, the contractors who performed work on the property, the inspector, and a city employee on behalf of the city. 3. Recording of the Repayment Agreement. The Grant Administrator must insert the final amount of the grant in the Repayment Agreement and check the document for completeness and accuracy. The Repayment Agreement must then be recorded by the Grant Administrator with the Registrar of Deeds or the Registrar of Titles of the applicable county. NOTE: For property registered under the Torrens system, the Repayment Agreement must be accompanied by the Owner's Duplicate Certificate of Title at the time of recording. Also, documents recorded on Torrens property are not returned to the person requesting the recording. Therefore, the Grant A('m�—trator must either retain a copy of the agreement F I recording and obtain the recording information (L. -t number) from the Recorder, or must obtain a Certified r of the document after recording. Following recording, the Grant Administrator shall provide a copes —the recorded Repayment Agreement to the Recipient. ?. Disbursement Procedures The city must forward the following documentation to Hennepin County to receive reimbursement: 1. Homeowner Application for Grant 2. Applicant Data Form 3. Title Verification 4. Contractor bill 5. Completion Certificate sinned by the contractor, the homeowner, and the inspector 21 6. Copy of city check to contractor 7. Summary of Project Disbursement 8. A warrant request Hennepin County will then issue a check to the city to be deposited into the city's general revenue fund. Only copies of forms 1, 2, 3, 4 and 5 should be sent. The original documentation must remain in the applicant files. X. GENV AL CONDITIONS RELATING TO GRANTS A. Urban Hennepin County Equal Opportunity/Affirmative Action Requirements It is the Dolicy of Hennepin County to provide equal access to employment, programs, and services without regard to race, color, creed, religion, agp, sex, handicap, marital status, affectional preference, public assistance, criminal record, or national origin. All programs financed through or administered by Urban Hennepin County will contain equal opportunity/affirmative action requirements the Procedural Guides. All participating communities programming Community Development Block Grant monies to Hcusing Rehabilitation Grants and/or Public Facilities Assessmtrt Grants and/or Diseased Tree Removal Grants and/or Utilities Connection Grants will adhere to the equal opportunity/affirmative action statement above. Areas not specifical'iy mentioned in this statement will still be governed by the spirit of this statement. If an applicant or grant recipient believes they have been criminated against, they should contact the Affirmative Action Programs Department, A-303 Government Center, Minneapolis, MN 55487, 348-4096. B. The city shall have full responsibility for program implementation including public information, reviewing and screening applicants, choosing recipients, and assuring that work will be satisfactorily completed. C. No application, processing, or other fees shall be charged to an applicant. OFFICE OF PLANNING & DEVELOPMENT C-2353 Government Center I Ll Minneapolis, Minnesota 55487 ° HENNEPIN Lr-u (612) 348-6418 October 9, 1984 Mr. Jchn Gerhardson City of Orono Box 66 Crystal Bay, MN 55323 Dear John: Enclosed find the forms and Procedural Guides for the Utilities Connection Grant Program. The Procedural Guides indicate an income limit of $12,500.00, adjusted for family size, as shown on page 10 The City has the option of raising the income limits a�, high as the current Section 8 Income limits. A copy is enclosed. The City Council must set the income limits and adopt the Procedural Guides by council resolution. Please call me with any questions. Sincerely, Mark J. Ef' berg Senior Planner ps Enclosures HENNEPIN COUNTY an equal opportunity employer I. DEFINITIONS A. Utilities Connection Grant "Grant" means the commitment of funds on behalf of recipients for the purpose of making eligible improvements to eligible properties as described in Sections I7 and V of these Procedural Guides. B. Recipient "Recipient" means an individual or household meeting the requirements of Section VI who applies for and receives a grant. C. Grant Package The "Grant Package" consists of all documents listed below and explained in Section VI1. 1. homeowner Application for Grant 2. Individual Data Confidentiality 3. Income Verification d. Asset Verification 5. Title Verification 6. Applicant Data 7. Inspection Report 8. Repayment Agreement (if utilized) 9. Contractor Bids 10. Contractor -Homeowner Warranty 11. Proceed to 'Mork Order 12. Amendment Request Certificate (if needed) 13. Complaint Record (if needed) D. Resident "Resident" means a person, other than a renter, living in the household for at least 9 mcnths of the year. E. Householj Gross Income "Household Gross Income" means the annual income of all residents of the recipient's household as determined in accordance with Section VI. F. Assets "Assets" means the assets of an applicant as determined in accordance with Section VI. UHC/1183 URBAN HENNEPIN COUNTY UTILITIES CONNECTION GRANT PROGRAM HOMEOWNER APPLICATION FOR. GRANT HOUSEHOLD INFORMATION -- Please Print First Name Name of Spouse Address Home Phone City Zip Code Work Phone City of residence if other than mailing address Marital Status (check one) married, single, divorced, separated, widowed Race (check one) White, Black, American Indian/Native Alaskan, Hispanic, Asian or Pacific Islander The information concerning Minority Group Categories is requested for statistical purposes only so that Hennepin County may determine the degree to which its programs are utilized by Minority households. INCOME INFORMATION "income" means any amount received from the following sources by a Resident. * Any public assistance * Salaries, including commissions, tips, * VA educational grants bonuses, and overtime pay * Estate or trust income * Rental income * Gains from the sale of * Business profit for self-employed, property or securities including farmers and child care, etc. * Pensions and annuities, * Payments received from property being including social security sold on contract for deed and PERA * All other income received by the * Alimony and/or child support household * Interest and dividends List all the residents of your household. Include yourself. Include their ages and their incomes, if any. "RESIDENT" means any person, other than a renter, living in the household for at least nine (9) months of the year, or a person who is claimed as a dependent for income tax purposes. Total number of residents in the household OFFICE USE ONLY names of residents income of ages of residents residents Per month S S S S S S S -otal :ncome - )er montn source of income in household verified incomes 3 S S S S S S S ncome oer nonth S Income perr _Fnr— ASSET INFORMATION List the cash value of assets held by all residents of your household. If woney is owed on any item, the value listed should equal the market value of the item minus the amount that is owed. 1. CASH on hand........................................S 2. CASH in checking accounts ...........................S 3. CASH in savings accounts (including those held .....S in trust) 4. Cash value )f Securities or U.S. Savings bonds ...... 5. Pedemption value of life insurance policies ......... 6. Current Market Value of real estate, NOT INCLUDING the property to be improved and up to 2 surrounding acres. Include 100% of the outstanding balance owed to you on property sold on Contract for Deed ... 7. Other personal property (excluding household furnishings. clothing and one personal vehicle) ..... TOTAL ASSETS ....................................... ....S S S S S OFFICE USE ONLY verified assets S $ $ S S S S S Urban Hennepin County or an authorized representative shall have the right to inspect the property to be improved at any time from the date of the Grant upon giving due notice to the occupant(s). Any person who makes a false statement or misrepresentation in connection with the appli- cation for or use of Urban Hennepin County Grant funds shall be subject to a fine or imprisonment, or both, under the provisions of the Minnesota Criminal Code, and/or may be required to return all or part of the Grant Funds to Urban Hennepin County. I, the undersigned, certify subject to penalty under law that the above Information is true and correct to the best of my knowledge and belief, and that the provisions stated are accepted and agreed to. applicant signature date of application Note: All names and financial information provided on this application are considered private data on individuals and are subject to privacy of information provisions, pursuant to State Statute. Su`-{t a copy of the most recent Property Tax Statement with this application. URIC/ 982 URBAN HENNEP I N COUNTY UTILITIES CONNECTION GRANT PROGRAM INDIVIDUAL DATA CONFIDENTIALITY YOUR RIGHTS AS A SUBJECT OF DATA In accordance with the Minnesota Government Clata Practices Act, Hennepin County is required to inform you of vour rights as they pertain to the private inrormation collected from you. Private data is that inrormation wm cn is available to you, but not to the oublic. The personal information we collect about you is private. The information collected from you or rrom other agencies or individuals authorized by you is used to determine your eligioility ror a grant. You are not required to provide information relating to your marital status and race; nowever, this information is vital to determine to what extent our programs are used by minorities. All other information on the form is needed to determine your eligibility. If you will not supply the required information, Hennepin County will not be able to determine your eligibility for the grant. The dissemination and use of the private data collected is limited to that necessary for the administration and management or Utilities Cunnection grants. Persons or agencies with whom this information may be snared include: 1. Hennepin County personnel administering Utilities Connection grants. 2. Personnel of any City cooperating witn the County in administering Utilities Connection grants. 3. City council members: only that information needed to approve the application for grant funds and/or payments to contractors. 4. Federal, state, county, local and contracted orivate auditors. 5. Authorized personnel from the U.S. Department of Housing and Urban Deve- lopment. 6. The contract ror deed holder: only to that you are a grant recipient and the amount of the grant. 7. Law enforcement personnel in the cases or suspected fraud. 8. Those individuals or agencies to whom you give your express written permission. Unless otherwise authorized by statute or rederal law, other government agencies utilizing the reported private data must also treat the inrormation as private. You may wisn to exercise your rights as contained in the Minnesota Government Data Practices Act. These rights include the right to: 1. See and obtain copies or the data maintained on you, 2. be told the contents and meaning or the data and, 3. contest the accuracy and completeness of the data. To exercise these rights, contact: Ms. MarvAnne Hernandez C-2353 Government Center milneapolis, MN 55437 I nave read and understand the above inrormation re ardin m d9 9 Y r-rn LS as a subject or data. date Grant recipient IJ-- 1U82 URBAN HENNEPIN COUNTY UTILITIES CONNECTION GRANT PROSRAM INCOME VE R: F I CAT I O; i Date: Name: Address: City: To Whom It May Concern: Zip Code We are required to verify the income of all applicants for an Urban Hennepin County Utilities Connection Grant. The applicant listed above nas indicated that he or she is receiving income from your organization. It is essential that you supply the information requested below as soon as possible. Sincerely, Grant administrator TO THE ADDRESSEE HEREIN: You are hereby authorized to furnish all information requested on this inquiry. Signed: Date: Monthly Social Security Benefit .............. S monthly Social Security Number Monthly Supplemental Security Income (SSI)... S monthly Employment Income (Salary) ................... S monthly Pensions ..................................... S monthly By. Title: Organization Name: Please return to: Phone: Date: UHC/983 URBAN HENNEP I N COUNTY UTILITIES CONNECTION GRANT PROGRAM TITLE VERIFICATION name, address of applicant Verification(s) of record (full names) marital status estimated market value abstract title as shown in the Office of the Register of Titles, Hennepin County: Document q Book 0 torrens title Page a property taxes current: yes no Legal Description: What is the status of the property? life estate free and clear subject to mortgage subject to contract for deed What is the applicant's ownership in the property? 100d interest contract for deed purchaser joint tenant with spouse with spouse with other: tenant in common with spouse with other: with other: holder of life estate number of remaindermen other interest: Signature title date UHC/ 982 URBAN HENNEPIN COUNTY UTILITIES CONNECTION GRANT PROGRAM PROPERTY INSPECTION REPORT Briefly describe the Utilities Connection work to be done: Briefly describe the condition before the work will be done: signature of inspector date of inspection name of applicant address of applicant city of residence '1KAI'! HE7!]NEPI1 COUNT',, l; l I L IT I E CON IE-C T I'A GRI"It F PPC'(- CONTRACTOR - HGNE-O'WNE? a�P,NAh'T',' CONTRACTOR 'wARRANTiES I) HOLD HARMLESS Contractor snail (intend, indemnity, and hold harm'ess the Cwrer, and tr•e officers, mern!ler,, and employees of the City dnd Herneoi•1 County from all liability jna claims for damages arising Iron bodily in,ur-+, Ce•)tn_ property damage. sickness, disease, or loss and expense r=suiting trom or alleged to result from Contractor's operations under tnis contract. 2) LIEN WV ERS Contractor shall protect, det( rid inepmnity Owner from any claims to unpaid work, labor, or material. P,, ent snail not be due until Contractor nas delivered to the Owner complete release of all liens arising out e• trils contract or receipt in tull covering all labor and mat-rials for wnicn a Iie,i could be tiled, or a bond satisfactory to the Pwrer indemnifying Min against any lien, 3) PERMITS AND CODES Contractor shall secure all necessary oermits and licenses required to perror7 the work called for by this contract, and all such work snail be in cor-pllance with all building code requlat,ions ar.d ordinances wnetner cr not covered by the specifications and arawincs to "Me work. 1) INSURANCE Tne Contractor agrees that it tivill at ail tines durlra -ne terra of *.nls contra have and keep in force a general liability rollci coveri-i any 1 —j ry caused :+ any negligent Pct or omission on the Dart of the Contractor, i.. ,cents, servants or employees 111 the performance of or mltn r?laticr to anv o* the work ,r services provided to be performed or turnishej *,v trP ;ontratt0r order tre terms of tnis contract, in an amount of not less than ;I'.'O,CCO for pro0t?rtf ,:a;naaz Sus_ tained by any one person; S:00 ,000 `cr in ury and/or damace to .any one person; and S3CO,000 for total injuries 3nC/or 11amaaes arisintl rrcm any Oda ocz,,irrencp. Copies or proof of these polrrles will be orovi;ad upon regjest (,,- the ur3nt Ad- ministrator. 5) EQUAL EMPLOYMENT OPPORTUNITY Contractor snail provide equal opoortanity to all oercons, witnout discrimination as to race, color, creed, religion, national origin. sex, ace, riardiraD, -iarit.j1 statui. attectional prPt?rNn(:-, ruCllc ass -,stance, -,r 5) UNACCEPTABLE DISK Contractor small not be listed on the % nacceotabiz risk der!!rrningt�on" ils* i the U.S. Department of Housing and 'Irban PevP)npment of trip. U.S. Farme-s 40ne Administration. ) FOR GOOD AiND TALI ' JABLE CONSIDER.;TiON The Contractor ereby warrants to the 'Jwner, ;r.d to subsequent Owners, of the property tote improved, that all materials, hardware, fixtures, and utilities, of whatever kind or nature, incorporated in said dwelling by the Contractor are of good quality, and tree from defects in workmansnip or material, and that Con- tractor small repair, correct, or replace, at no cost to Owner or subsequent Owners, any instances of defective workmanship or materials of deticiencies sub- ject to the Warranty contained to this paragraph 6; orovided, nowever, that the warranty set forth in this paragraph 6 small apply only to such deficiences and detects as to which Owner or subsequent Owners small nave given written notice to the Contractor, at its principal place of business, witntn two (2) years from the date of execution of the Completion Certificate by all parties thereto. 8) COMPLETION OF WORK Work small begin and small be completed witn,n GO days of issuance of Proceed to :fork Order. Any extension of these dates nust be approved by the Grant Adnini- strator in writing. g) ACKNOWLEDGEMENT The above warranties are in addition to, and not in limitation of, any and all other rights and remedies to wnicn the Owner, or subsequent Owners, may be entitled, at law or in equity, and small survive the conveyance of title, delivery of possession of the property, or otner final settlement made by the Owner and shall be binding on the undersigned notwithstanding any provision to the contrary contained in any instrument neretofore or hereafter executed by the Owner. The Contractor hereby acknowledges that this warranty has been approved by Hennepin County. WARRANTORS) firm name signature t r^n aooress title city zip code phone date HOMEOWNER CONDiTIONS i) Tne Homeowner understands the attached bid(s) or estimate(s) and agrees to permit contractor access to the premises to be improved to the extent necessary to complete the work specified. 2) Tne Homeowner certifies that Urban Hennepin County Grant turfis small to u5e,. only for eIigtale work, and shall not be applied toward any work begun or completed before tr.e date of the Grant. 3) Tne Homeowner agrees that the work specitied to the attached bid(s) or estimate('s) snail be inspected by the Grant .Administrator before Grant Funds arP disburse(. st;nature of homeowner date This form, ComolPtPd to full, must .iccomoany all bids for work to per'orne, unoer the'Jrtar Hennepin County UtiIittes Connectlun Grant Lrrr:rarn. JHC19E2 URBAN HENNEPIN COUNTY UTILITIES CONNECTION GRANT PROGRAM contractor: CONTRACTOR COMPLETION CERTIFICATE homeowner: The undersigned hereby certifies that the work contemplated by the City's Inspection Report pertaining to the grant has been completed in its entirety and in accordance with the agreement(s) between the undersigned and the nomeowner(s) relating thereto, and that all work performed by the undersigned is subject to and in conformity witn Contractor's warranties set tortn in said CertITicate. S name of firm date completed amount signature of authorized representative Attacr, an itemized bill and appropriate lien waivers. it is the responsibility of the contractor to nave the work inspected. INSPECTOR The undersignee inspector hereby certifies that the contractor listed above has completed the w,-k per all applicable codes. signature of inspector title date of inspection Attach a copy of the inspection notice it applicable. HOMEOWNER I (we) hereby certity that the contractor listed above has completed the work as contracted for the above referenced Grant, in full compliance with the terms of the c,ntract. The undersigned turtner hereby autnorize(s) the City to disburse in my (our) benalt Grant Funds directly to the contractor for the approved Utilities Connection work. signature of nomeowrer date of tinal ccmpletion GRANT ADMINISTRATOR The undersigned Grant Administrator hereby certities that the above - referenced Grant is in conformity with grant eligibility requirements as set tortn in the Urban Hennepin County Utilities Connection Grant, Proqram Procedural Guides; that the work which is the subject of the Grant has been inspected and has been completed; that the Warranties as set tortn to the Procedural Guides are, as applied to the above Grant, true and correct. authorized signature title date „ter,'! c �.,_P, ��U,;T UTILITIES CONNECTION GRANT PROGRAM AMENDMENT REQUEST CERTIFICATE grant recipient date address phone city zip code Describe clearly the changes to the work to be done and cost changes for same. Attach revised bids on all major changes. IMPROVEMENTS COST Original Contract Price/ Grant Amount Approved Credit(s) 1 E Debit(s) 2 $ New Contract Price/New Grant Amount Approved S name of construction firm authorized signature The above prices and specifications of the Amendment Request Certificate are hereby accepted. All work to be performed under the same terms and conditions as specified in the original contract and in the Contractor -Homeowner Warranty. signature of grant recipient date I hereby approve the above described Amendment Request Certificate to the grant referenced above. signature of grant administrator date 1. Credit occurs when previously approved work is reduced in cost; or when a deletion of previously approved work is to be made; or when previously approved work is rebid at a lower cost than originally approved. 2. Debit occurs when previously approved work Increases in price; or when additional work to that previously approved is needed. THIS FORM IS NOT VALID WI.AOUT THE APPROVAL AND SIGNATURE OF THE GRANT ADMINISTRATOR. UHC/983 URBAN HENNEPIN COUNTY UTILITIES CONNECTION GRANT PROGRAM COMPLAINT RECORD Received by Date Applicant Phone Address City Contractor Phone Address City COMPLAINT ACTION TAKEN Homeowner contacted by: phone, letter, in person Contractor contacted by: phone, letter, in person Inspected by: date RESOLUTION Use back side of form. following such sale, transfer or other conveyance, or following the date upon which the real estate eaSes to be the Owner's principal place of residence, or on such later date or date,- as Grantor, in '*s sole discretion, may desiy;ijte. 2. As securiy for Owner's obligati - and subject to the terms and conditions of this Agreement, Owner hereby grants, and Grantor shall and 1.Preby does have, a lien on the real estate hereinafter described in the full amount r -essary to satisfy said repayment obligation and the costs, including reasonabl- ttorneys' fees, of collecting the same. The real estate subject to said lien _,, ,-tuated in Hennepin County, Minnesota, and is legally described as: CITY OF HENNEPIN COUNTY UTILITIES CONNECTION GRANT PROGRAM REPAYMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 19 by and between TFe_re r,a_f_ter referred to as"Owner") , and the My o , a body corporate and politic of the State of Minnesota, haying its pr ncipa office at (hereinafter referred to as "Grantor"); WHEREAS, on the Grantor, pursuant to the pro- visions of Chapter 462,445, Subd.. of Minnesota tatutes, agreed to grant to Owner a section grant (hereinafter referred to as "Grant") relating to the real est...e described in Clause 2 below in the amount of 'lollars (S ), but only on con ditlnn t at Owner executes this gr7 eement and that the funds are used in accordance with the terms and conditions of the Grant application; NOW THEREFORE, in consideration of the said Grant and in accordance with the provisions of said Minnesota Statutes, the parties do hereby agree as follows: la. Owner covenants and agrees with Grantor that if the real estate described in Clause 2 below is sold, transferred or otherwise conveyed, voluntarily cr involun- tarily, either while the Owner is living or by reason of the death of the Owner, or if the real estate ceases for any reason to be the Owner's principal place of residence: (i) on or before which is one (1) year after the date of the Grant, Owner shall repay to Grantor a sum equal to the full amount of the Grant, as set forth above; (ii) within the second year after the date of the Grant, Owner shall repay to Grantor a sum equal to eighty percent (80%) of the amount of the Grant; (iii) within the third year after the Cate of the Grant, Owner shall repay to Grantor a sum equal to sixty percent (60n) -)f the amount of the Grant; (iv) within the fourth year after the date of the Grant, Owner shall repay to Grantor a sum equal to forty percent (40%) of the amount of the Grant; (v) within the fifth year after the date of the Grant, Owner shall repay to Grantor a sum equal to twenty percent (204) of the amount of the Grant; (vi) thereafter, Owner shall have no obligation to repay, at any time, the Grant or any portion thereof to Grantor. lb. Owner covenants and agrees that any if the funds of the said Grant not used in accordance with the terms and conditions of the Grant Application will be repaid to Grantor. 1c. Any such repayment shall be made to ^- On r not later than the 30th day following such sale, transfer or other conve -ollowing the date upon which the real estate ceases to be the Owner's place of resider,.e, or on such later date or dates as Grantor, in its so,e :! may designate. 2. As securiy for Owner's obligation of repayment, and subject to the terms and conditions of this Agreement, Owner hereby grants, and Grantor shall and hereby does have, a lien on the real estate hereinafter described in the full amount necessary to satisfy said repayment obligation and the costs, including reasonable attorneys' fees, of collecting the same. The real estate -ubject to said lien is situated in Hennepin County, Minnesota, and is legally described as: 3. Owner or his/her heirs, executors, or representatives, shall give Grantor notice promptly a°ter the date of any sale, transfer or other conveyance of the above -des- cribed real estate or promptly after the date upon which said real estate ceases to be Owner's principal place of residence (or, in the event of a sale by contract for deed, at least ten (10) days prior to such date of sale). 4. In the event Owner or his/her heirs, executors, or representatives shall fail or refuse to make a required repayment within said limited period, Grantor may, with or without notice to Owner, foreclose said lien in the same manner as is provide' by statute for an action for the foreclusure of mortgages upon said real estate. 5. The lien shall terminate and shall be of no further force or effect 'n the event Grantor has not, on or before (i) commenced an action in the aforesaid manner to foreclose the same an ii filed for record a notice of said action, or a lis pendens referring to the same, in the office of the County Recorder or Registrar or Titles, as the case may be in Hennepin County. Grantor may, in its sole discretion, extend said termination date of said lien by filing for record, on or before said termination date, an agreement with Owner or his/her heirs, executors, �- representatives evidencing such extension. Absent extension or termination as scribed above, the Owner or his/her heirs, executors, or representatives, shall notify the Hennepin County Office of Planning and Development promptly after the date of any sale, transfer or other conveyance of the above -described real estate or promptly after the date upon which said real estate ceases :o be Owner's principal place of residence (or, in the event of a sale by contear.t for deed, at least ten (10) days prior to such date of sale). 6. This Agreement shall run with the real estate escribed in Clause 2 a�,nve and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. 7. If this Agreement is executed by a contract for deed vendor of the property, as one of the Owners, such execution shall be deemed for the purpose of establishing and continuing the existence of the indebtedness described herein and the lien granted herein. However, in the event of default of the terms hereof, neither the Grantor nor its assigns shall take any action against such contract for deed vendur except such as may be necessary in order to subject to the satisfaction of said indebtedness the property described herein. IN TESTIMONY WHEREOF, the parties have executed this Ayreement as of the day and year first above written. By OWNERS STATE OF MINNESOTA) )ss. COUNTY OF ) On this day of , 19 , before me, a Notary Public within and Tor —said County, personally appeared to me known tc be the person s described ,n and who executed the foregoing Instrument and acknowledged that he executed the same as free ect and deed. Notary Public 'unty, Minnesota y ommission xpir_s: STATE OF MINNESOTA) )ss. COUNTY Or ) ^1 this day of , 19 , before me a Notary Pub is within and —Tor said Counfy—,—Per'sonally appeare to me nown to be tRe person(s) described in and who execute the ore, !,i, instrument and acknowledged that hr executed the same as -Pe act and deed. '— Notary Public County, Minnesota My Commiss .,n expires: THIS INSTRUMENT WAS DRAFTED 9Y: The Hennepin County Attorney's Office Civil Division A-2000 Gcvernment Cer er Minneapolis, Minnesc ,� 55497 This instrument is exempt from registration tax under Section 287.06 of Minnesota Statutes and is exempt from recording fees under Section 386.77 of said Stji,tes UHC/983 e URBAN HENNEPIN COUNTY UTILITIES CONNECTION GRANT PPOGRAM APPLICANT DATA app—cant name address -- city zip code Household Gross Annual Income Total number in household Handicapped Household (check if yes) Head of Household 62 years or older (check if yes) Race: White (nn,.-minorit,) Black. Hispanic American Indian or Native Alaskan Asian or Pacific Is' . ,der name of project program year project number The city verifies that proper documentation is ret. 4 in the city's files to vetif he applicant's income. sionature of authorized city emp cyee perty, of $22,000 or less. date COUNUIL iNG OCT 29 1984 To: Orono Go►►nei l Member!: CITY OF ORONO From: John R. Gerhardson, Public Worl•s Coordinator Date: October 19, 1984 Subjects Special Assessment •- Deferral F'al i r_v At the September 24, 19R4 Council meeting, COUncil directed staff to SLAbmit information to Council regarding the deferment of special assessments. 1 have attached a copy o+ that section of the ordinances that applies to deferment of special assessments. A copy of the form used for applying for the deferm-nt and the resolution (#1093) autl►or:Zing the deferment of special assessments. A review of all documents shows that the ordinance is not consistent with the resolution and the application forms. The differences are as follows: 1. The ordinance allows for the deferment to be aranted for t.►s long as the hardship exists. 2, the resolution and forms statr *he deferment is granted for .1 ma:<imum o'. f i ve vc_►r 3. The ordinance allows an nccmc, level as established by the department of Housing and Development as used in determining the elegibility for Section 8 Housing. 4. The resolution and forms allows an income limit of '18000 for one person and 112,4=100 for a. married person and spouse. It is my understanding that the ordinance takes precedenr-e in this matter. If after Council review it is determined that we will follow the ordinance then we would simply change the forms. If we decide that a change in the ordinance is necessary, then a recommendation by the City Attorney as to procedure is necessary. .011 previous deferments have been granted for a ►eriod not to exceed five years. RESOLUTION #1093 A RESOLUTION RELATING TO DEPERME11T OF SPECIAL ASSESSMENTS rOR PERSONS 65 YFAIS OF AGE OR OLDER WHEREAS, the City Council of the City of Orono is t�5e official governing body of the City of Orono; and WHEREAS, M.S.A. Section 435.193 through Section 435.195 authorizes the City of Orono, upon proper application, to defer the payment of special assessments against any homestead property owned by a person 65 years of age or older on January 1 of the payment year and for whom it would be a hardship to make the pay- ments; and MIEREAS, Section 435.194 authorizes the municipality to establish an interest rate to be added to the deferred assessment which shall be payable in addition to the deferred assessment; and WHEREAS, the City Council has determined that the de- ferral of assessments should be granted to any person otherwise qualified who makes proper application to the City of Orono on forms prescribed by thc; County Assessor of Hennepin County and by the Orono City Council and for whoa the City Council determines that it would be a hardship to make the payments, based upon the following criteria: 1. It is presumed to be a hardship if the applicant is single and has a total annual yross income of $8,000 or less and +3tal assets, includ- ing non -homestead real property, of $15,000 or less. 2. It is presumed to be a hardship if tLe applicant is married and together with his spouse, has a total annual gross income of $12,000 or less and total assets, including non -homestead real pro- perty, of $22,000 or less. UTJ 3. If the applicant does not `_all within one of the above criteria, the City Council shall, r in its discretion, determine }-ardship based upon the applicant's income, assets and expenses. NOW, THEREFORE, SE IT RESOLVED 9Y THE CITY COUNCIL Or THE CITY Or OROI]O III REGULAR !IEC^_'I:IG ASSrMBLED, that assessments against any homestead property owned by a person 65 Nears of age. or older and for whom it would be a hardship to make the payments, be deferred for a ;period of time not to exceed five years, subject to the aforementioned _financial criteria, upon submission of an appropriate application signed by the qualified person; and BE IT FURTHER RESOLVED, that interest at the rate for that particular assessment, shall be added to the deferred assess- 1 ment and shall be payable in accordance with the terms and pro- visions of N.S.A. Section 435.195; and BE IT FURTHER RESOLVED, that the richt of deferment is automatically terminated under Section 435.195 if: 1. The owner dins and the spouse is not otherwise eligible; 2 The property or any part thereof, is sold, transferred or subdivided; 3. The property should lose its homestead status; or 4. If for any reason the City determines that there would be no hardship to require immediate or 1part4il payment. Adopted by the City Council of the City of. Orono, Minnesota at regular meeting held No,iember 13, 1979. 7i1 iam L. Van best, M yor Attest: ZA� Walter Benson, City Arininistrator 5 2.61 stating time and place of sale and generally describing property to be sold at least ten days prior to the date of sale by publication once in the official newspaper. Such sale shall be to the person submitting the highest bid. E. Receipts From Sales of Surplus Property. All receipts from sales of surplus property under this Section shall be placed in the Genera]. Fund. Subd. 4. Persons Who May Not Purchase - Exception. A. No employee of the City who is a member of the administrative staff, department head, a member of the Council, or an advisor serving the City in a professional capacity, may be a purchaser of property under this Section. Other City employees may be purchasers if they are not directly involved in the sale, if they are the highest responsible bidder, and if at least one week's published or posted notice of sale is given. B. It is unlawful for any person to be a purchaser of property under this Section if such purchase is prohibited by the terms of this Section. SEC. 2.62. DEFERMENT OF SPECIAL ASSESSMENTS. Subd. 1. The Council may defer the payment of any special assessment on homestead property owned by a person who is 65 years of age or older, or who is retired by virtue of permanent and total disability, and th-- City Clerk is hereby authorized to record the deferment of special assessments where the following conditions are met: A. The applicant must apply for the deferment not later than ninety days after the assessment is adopted by the Council. B. The applicant must be 65 years of age, or older, or retired by virtue of permanent and total disability. C. The applicant must be the owner of the property. D. The applicant must occupy the property as his principal place of residence. E, The applicant's income from all sources shall not exceed the low income limit as established by the Department of Housing an3 Urban Development as used in determining the eligibility for Section VIII housing. Subd. 2. The deferment shall be granted for as long a period of time as the hardship exists and the conditions as aforementioned have been met. However, it shall be the duty of the applicant to notify the City Clerk of any change in his status that would affect eligibility for deferment. ORONO CC 27 4-1-84) § 2.62 Subd. 3. The entire amount of deferred special assessments shall be due within sixty days after loss of eliai:,ility by the applicant. If the special assessment is not pa:d within sixty days, the City Clerk shall add thereto interest at 8% per annum frog, the due date through December 21 of the following year and the total amount of principal and interest shall he certified to the County Auditor for collection with taxes the following year. Should the applicant plead and prove, to the satisfaction of the Council, that full repayment of thu deferred special assessment would cause the applicant particular undue financial hardship, the Council may order that the applicant pay within sixty days a sum equal to the number of installments of deferred special assessments outstanding and unpaid to date (including principal and interest) with the balance thereafter paid according to the terms and conditions of the original special assessment. Subd. 4. The option to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due upon the occurrence of any one of the following: A. The death of the owner when there is no spouse who is eligible for deferment. B. The sale, transfer or subdivision of all or any pert of the property. C. Loss of homestead status on the property. D. Determination by the Council for any reason that there would be no hardship to require immediate or partial payment. SEC. 2.63. PERMANENT REGISTRATION OF VOTERS. Subd. 1. Statute Adopted. The system for the permanent registration of �,oters provided by Minnesota Statutes, Chapter 201, is adopted for the City. Subd. 2. Voters Must Be Regir�.tered. No person shall be permitted to vote at any election held in the City unless he is registered to vote as provided by Minnesota Statutes. Source: City Code Effective Date: 4-1-84 (Sections 2.64 through 2.98, inclusive, reserved for future expansion.) ORONO CC 28 (4-1-84) Form 10-1980 CITY OF ORONO SPECIAL ASSESSMENT DEFERRAL QUALIFICATIONS AND INFORMATION Special assessments are levied against property for collection of costs for pL:!.)lic improvements such as sewer, water or streets. These assessments are normally spread over a number of years with principal and interest collected with each year's property taxes. The City Council has adopted a policy - Resolution No. 1093 - which will allow deferral of special assessment paymerts for senior citizens when those payments would constitute a financial hardship. if you think that you qualify, you must complete the attached application. The City Council will review your request. You will be notified in writing of their decisioi WHO QUALIFIES? You must be 65 years of age or older. The property must be your homestead. Your assets and income must meet the following criteria: If you are sine'_, - Annual gross income must be $8,000 or less and total assets, including non -homesteaded real property, must be $15,000 or less. If you are married Annual gross income must be $12,000 or less and total assets, including non -homesteaded real property, must be �22,000 or less. In both cases, the value of your homestead property is not included in determining assets. WHAT IS DEFERRED? Collection of principal and interest is deferred and will not have to be paid with the annual taxes. The assessment is not waived. You still must pay the amount levied, the payments are just deferred for the specified length of time. HOW LONG IS THE DEFERRAL? For a maximum of five (5) y-ir.rs, or until: 1. The owner dies and the spouse is not otherwise eligible. 2. The property or any part thereof is sold, transferred or subdivided. 3. The property should lose it's homestead status. 4. If for any reason the City determines that there would be no hardship to require immediate or partial payment. WHAT I i WHEN THE DEFERRAL IS TERMINATED? After fi,. years, or whenever the deferral is terminated, you must pay the total amount of deferred principal plus the interest that has acrued during the deferral. From that point on, the special assessment is collected with each year's taxes in the normal manner. WHEN DO I APPLY? If you qualif},, complete the application as soon as possible. The sooner you apply, the sooner the deferral can be reviewed. FOR HELP, CALL: Jeanne Mabusth, Zoning Administrator 473-7357 Dorothy Hallin, Assessment Clerk 473-7358 Form 10-1980 CITY OF ORONO APPLICATION FOR DEFERRAL OF SPECIAL ASSESSMENTS NAME: HOMESTEAD ADDRESS: PROPERTY IDENTIFICATION (PINS) I (We), the undersigned, declare under penaltie of perjury, the following information to the City of Orono to be used in valuating my (our) request for deferral of special assessments levied againrt my (our) property in accordance with the established policies of Resol,:tiun No. 1093. THIS INFORMATION WILL BE •KEPT CONFIDENTIAL. 1. I am not less than 65 years of aye and that the date of my birth is 2. My marital status is: single married 3. List the amount of money you, and your spouse if married, receive each month from any of the following sources: KIND OF INCOME RECEIVED I AMOUNT OF INCOME RECEIVED 1. Wages, Salaries, Commissions, Bonuses, tips, etc. 2. Social Security 3. Veteran's Benefits 4. Other retirement or pension benefits including Railroad Retirement 5. Money from renters 6. Unemployment insurance 7. Workers Compensation 8. Disability insurance benefits 9. Stock dividends 10. Interest income 11. Income received from other individuals, such as from children, etc. 12. Cash Public Assistance 13. Gains from Sale or Exchange of property 14. Income from businessc:: or trusts 15. ALL OTHER INCODlli FROM ANY SOURCE You should have listed, in the above table, all of the income received I Ly you f roni any source. 4. List any real estate you or your spouse own or are buying other than your home, if any: Estimated market value from real estate tax statement: 5. If you have not made all of the payments on your home, list your monthly payments: $ Ner month. 6. List your current year's property tax: 19__ S 7. List all of your assets: Cash on hand $ Savings accounts (Whether in trust, joint tenancy or sole ownership) $ Stocks, bonds or securities S Life Insurance S ANY OTHER ASSETS $ 8. List any special monthly expenses you might have. For example, medical expenses, special diet, utilities, work expenses, etc. 9. If you wish to, describe the reason it is a hardship for you to pay the special assessments against your property. I HAVE READ THE FOREGOING STATEMENTS AND THE ANSWERS I HAVE MADE, AND I DECLARE THEM TO BE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. Signature of Applicant Date Thank you for filling out this form. The City Council will review your request for deferment cf Special Assessments against. your property. You will be notified in writing of t:ieir decision. HC227 APPLICATION AND AUTHORIZATION FOR TAX DEFERRAL It 61) Special Assessments for Senior Citirens' Homestead Laws 1976, Chapter 195 State of Minnesota County of Hennepin APPLICANT Subrnn 4 notarirstl copies of this application DATE to Your municipality of taxing diftr rct. PRINT OR TYPE NAME HERE 1, the undersigned, dxlaia. That 1 __— Ir That I am not ten than 66 Years of aae ,",do at _ I end that the data of MY birth is That 1 am the owner of chit property legally described as (Gin legal description) 111... PROPERTY I.D. 0 Abstract =Tortons Q Additional Sheet Attached That my interest in the ownership of the above property was acquired on __ 19 and is as follows: = SOLE OWNERSHIP 0 OTHER UNDIVIDED INTEREST — Specify =JOINT TENANCY — HELD WITH That on January 2, 19 or June 1, 19 , 1 owned and occupied the above property as my homestead and that sucn occupancy began or 19__. That the assessment charges duly adopted by ordinance which have been allocated against the subject property would create undue personal hard ship on my behalf and I respectfully request that payment the delayed and that such taxes be deferred. APPLICANT: Complete unshaded areas — For assistance contact your municipal clerk. Levy No. Date of First Annul Payment Total Amt of Levy Remaining Ami. of Levy Interest Rate of Levy Amount Deferred Notorial Stamp or Seal STATE OF MINNESOTA County of The foregoing instrument was acknowledged before me this day of _ 19 By _ (Applicant 1 Signature of Notary I certify the above to be true and correct. Notary Public, County, Minnesota ISrgnoture of Applicant) My commission expires--_________ AUTHORIZATION I, Clerk of the ..__,of in Hennepin C unty,State, Minnesota, do hereby certify that this cep 1 tion has been duly reviewed and that In accord --a —th the minutes of official record in said char bars was duly 1= APPROVED DENIED as of —19_. (Seal) That in accordance with approval grented, that the taxes on the aNlants subject property levied for collection as described should be so dett red in the TOTAL AMOUNT OF $ and compounded at the additional interest rate of % until such time as it Is deemed the app cant no longer qualifies or the property loses its eligibility. Clerk or Date of Approval_ Authorized Deputy _ O.iDER OF DEFERRAL I certify that I have reviewed this application and that it has been du., a;:p,oved and that assessment charges levied for special assessments under the str,...,vt orth nar,ce have bean officially deferred as stipulated by the above subdivision and r,t. corded in the hegister of Deeds office in this county as noted, and it is to ordered. DATE OF ORDER COUNTY OUDI TOR ORDER OF TERMINATION The above older terminated this ------.—day of ___. 19_ REASON: REGISTER OF DEEDS OAT It OF I F RMINA 1 14 iN I A I I I INlr AUcaI I In r COUNCIL MEETING OCT ;? g 1984 To: Orono Cotmci 1 Members CITY OF ORONO From: Mi.=hae1 F. Baffron, Assistant Zoning Administrator Date: October 25, 1984 Subject: MUSA Line 1. "MUSA LINE" defines the Metropolitan Urban Service Area and is defined per the attached Map No. b of the Comprehensive Flan. �'. Our L.S.F.P. (Comprehensive Sewer Policy Plan) provides that connection of existing clusters of housing in the rural area to the metropolitan interceptor is an acceptable option when included as part cif an Alternative Waste Management Study. We sewered the Minnetonl:a Bluffs -- West Ferndale areas in this manner, with MWCC approval but without changing the MUSA Line to include those areas. The Crystal Bay area is not within the defined urban service area, but has been defined as a cluster identified for an Alternative Waste Management Study. 4. It would appear that the Art Center of Minnesota has not been defined as "in" or "out" of the MUSA Line since all of Crystal Ray is out. Thr- decision to include or exclude this property from a sewer project is apparently not affected by any s•>-fisting MWCC boundaries, and would appear to be up to the City. ?he fart Center was excluded from the earlier studies because: a) There appears to bA adequz%".. room for expansion of the existing septic system; b) Inclusion of the Art (:enter property was perceived as being counterproductive in our applications for funding based on lot areas or financial standing. 5. From a purely technical standpoint, while the Art Center has a system apparently capable of accepting current flow rates and has som4 room to e.:pand, we do not know exact],,/ what materials are. discrirded from time to time in thn iLewer system nor -.., we have any idea what the lonq-term Affects are on the groundwater systems due to these unknown materi I s. I would feel more comfortable if they were connected to the sewer. i.•; If WAA MEDINA A URBAN -RURAL SERVICE AREA I URBAN SERVICE AREA �y. RURAL SERVICE AREA �• ` ! ,USA/r!SSP LINE A" Ago 6 '000 `• �� `.� �, 0 WA 2000 5tto City of Orono, Minnesota ,�4 LIST OF LICENSES FOR COUNCIL APPROVAL FOR MEETING OF October 29, 1984 "�!mporary Trailer Parking - November 21 to December 4, 1984 Navarre Congregation of Jehc,,iahs Witnesses Set,,p Permit - Art Center of Minnesota y House - November 27, 28, 28 30 & December 1, 1984 COLIN01L MEETING OCT 2.9 19A4 CITY OF ORONO 0 10. 00 0011 7 4o 'So LC %�" 1p. 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' ' '• .N Was•" rm.a r ;00- _..,•,r�� '•Srr+DrypDD`� �� Y i4 :: �t :� •p) �,l ` I/� -- is 1 _ 1 `•r�%. �i6e `... — 1 • " ,� • LA {e2-, "`«� - , •tin' (. - �1 :' �. cy' 22 �' �+ trf (•1 T .y � .e"� �r) � �'ilix ` '� ..•' V'-.'� zo +y 4•`? p�= �+4b . s'< �• _. `\ \ t�._.._._.r._._._._._._._._._._._._.._._._._._._._._._..._.-._._._._._._._.� AL ... ^� st �" \\\• ems}.' •-� •R%„+'� Y ;�w."+' m ^' •.r Je � � '/ � ' �•, •* t "• C '1''+ !•�S�>w!� "tom • �..�r' `_ __ ._•i � _ _ - - �� �� •p, con• .� -�� y �:� • +btl • as 23 LAKE MINNErONNA 24 / `� \ 13 , Mwrr.r TO: Orono Council FROM: Jeanne A. Mabusth, Building & Zoning Administrator DATE: October 25, 1984 SUBJECT: #811 John Ericson, 1620 Shadywood Road - Variance Zoning District - LR-1C Area - 35,700 sf or 8.9 acres Application - A) Subdivision - plat B) Variances - Lot Width, Lot Area, Setback Variance AREA Lot 3 Required = 21,780 sf Existing = 19,500 sf Variance = 2,280 sf or 10% WIDTH Lot 3 Required = 100' Existing = 65' Variance = 35' or 35% SIDE SETBACK FOR LOT 4 Required = 10' Existing = 3' Variance = 7' or 70% LIST OF EXHIBITS Lot 4 21,780 sf 16,200 sf 5,5 ') sf or 26% Lot 4 COUNCIL MEETING 100' OCT 29 1984 65' 35' or 35% CITY OF ORONO Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey - Lots 3 and 4 Exhibit E - City Map Exhibit F - LR-lC Zone (north of Navarre) Exhibit G - Table from staff's lot area study Exhibit H - Certificate of title Exhibit I - Petition of Neighbors Exhibit J - Mr. Goldstein's rebuttal of Zoning Administrator's findings Exhibit K - Planning Commission's denial #811 Ericson Page 2 Review of Application The Ericsons (applicant's parents) purchased the combined lots in1947 and the applicant in 1961. They were combined when purchased and have remained legally combined to the present. Upto some eight years ago, the applicant/owner received f inancial benefit from that arrangement. The applicant now seeks to divide Lots 3 and 4 creating a new building site for the purpose of constructing their new home. Plans have been submitted with the City. Staff advised Ericson to merely apply for lot standard variances rather than a subdivision and variance application as the ordinance requires. Ericson had been aware of the City's long battle with the common ownership problem and felt that now the Council would be prepared to deal with the division of his homestead property. I advised him that legally combined lots would require different review standards but that since Council had not specifically addressed the issue of legally combined lots that he had every right to seek conceptual direction. The variance application fee is $100, the subdivision fee is $250. The applicant has paid $100 for conceptual direction. At your March 12, 1984 meeting you responded to Planning Commission's request for direction as to the standards to be applied in the review of a subdivision application seeking division of two legally combined parcels. Council advised that the Planning Commission was to consider this application as any other subdivision application and were to follow the usual review procedures. The following statistics were presentedtothe Planning Commission for consideration: A) Along North Shore Drive and Shadywood Road between the Hendrickson bridge and the Coffee bridge, in the LR-IC zoning district: 1. There are 31 lakeshore residences fronting on Crystal Bay 2. 17 of these 31 are on portions of two or more lots 3. 16 of these 17 have been legally combined to receive one tax statement 4. The range in lot sizes if these 16 combined building sites is 0.1.8 acres - 1.00 acre 5. The average lot size of thes 16 is 0.54 acre 6. In 0 of 16 a lot split could yield new lots meeting the lot width and area standards of -he zoning district 7. The range in lot sizes of the entire 31 houses is 0.18 - 1.00 acre 8. The average lot size of thes 13 is 0.44 acre 9. 19 of 31 are smaller thar: 0.44 acre 10. 12 of 31 are 0.44 acre or larger n) with the proposed application, the two resulting lots would be approximately 0.45 and 0.37 acres respectively. #811 Ericson Page 3 C) 16 of the 31 lots are 0.37 acre or smaller 15 of the 31 lots are larger than 0.37 acre D) Study of lot width for 31 properties 1. Range in lot widths = 45' - 150' 2. Average width = 84' (LR-lC zoning district requires 100') 3. Ericson's proposal: Lot A = 60' Lot B = 65' 4. 13 of the 31 noted previously are 60' wide or less 5. 17 of 31 are 75' wide or greater 6. 12 of 31 meet 100' width or greater 7. None of 31 could he split and still meet the minimum 100' lot width standard for each lot Response to Ericson's Attorney's Rebuttal (first review Exhibit J) 1. To approve lot area and lot width variances concurrent with a subdivision application would establish a negative precedent. Since the passage of our formal platting and zoning code in 1967, the Ci;_y has not approved lot area or lot width variances of this magnitude with any subdivision application involving the creation of new residential units. This is primarily a subdivision application -- your code classifies a division for tax purposes as a Class I Subdivision E Section 11.03 66 (a), (2). I don't think I need review the extent of the supportive data repeated throughout the comprehensive plan and zoning code that supports the densities for the various lakeshore zoning districts -- open space, qua lit; /quantity of runoff, uniqueness of watershed of Lake Minnetonka, etc, etc. And, I know there are those who would contend that these environmental standards or claims are vauge and less impressive when dealing with the actual patterns of neighborhood development but until the City decides to make major revisions or amendments to the comprehensive plan and zoning code, the well founded enviror.,nental position of our City must be upheld. Clearly, we are not dealing with mere aesthetics in this review. 2. The applicant has received tax benefits from the legal combination of Lots 3 and 4 over the years since the 1940's. As previous memos have noted, some ten years ago assessing policies did indeed provide greater benefits to owners of legally combined homestead properties. Maybe we should clarify that the Ericson's received tax benefits during their period of ownership. The attorney should explain his statement "that the County, on its own initiative, altered the taxes on the properties". The County combined the lots without permission of the owner? On what information does he make such claims? I am not able to find it. in the information packet submitted with his report. #811 Ericson Page 4 3. The total property has been used as one single residential unit based on location of the garage, access drive, sewer line that serves existing house. A. Garage is located on the shared lot line. B. The house is 3 feet from the shared lot line. C. The driveway accesses via Lot 3 to serve house on Lot 4. D. Sewer line runs through Lot 3 to reach Lot 4. Yes, I would once again concur with the findings. 4. Between Coffee and Hendrickson bridges along North Shore Drive and Shadywood Roao fronting on Crystal Bay, 16 properties that are legally cambia: ; on t•!o or more lots could seek the same division with variances if this application is -approved, resulting in 16 new residences on Crystal Bay. We have been advised 1)f the City Attorney in previous reviews that negative precedent setting is an acceptable finding --exactly the opposite opinion set forth by applicant's attorney --City Attorney to mos,, definitely respond to this one. 5. A very preliminary review of the ownership patterns of the LR-IC district above Navarre area ( See Exhibit E, F, and G ) shows 16 % or 43 properties offer the potential of divisions if this application is approve.' Same as abcvc. 6. Review-t-,tion 10.08, Subdivision 3A. A) The property in question has been used as a residential unit receiving tax benef.Lts for a minimum of 30 years. The undeveloped Lot 3 is taxes on an incremental basis, not as a buildable lot. Same as my respuLse 2. B) The granting of : Bch variances would change the character of the immediate su•_roundir•:i neighborhood. 6-G) once again the patter of neighborhood development has no place in a -ubdivision review hat creates a new residential unit. The standards of the LR-1C zc ..Lng district apply. If variances are to be approved with subdivision then 16 new residential units would be a possibility --most of them requiring lot line rearrangements not just divisions for tax purposes. 7. Approval of this variance and subdivision application would be in conflict with the intent of the Zoning Code and Comprehensive Plan of the City. i811 Ericson Page 5 All of ne above. I will see if I can get the City Attorney to give me some ba( - i�und on Frank' s Nursery Sales Inc. vs City of Roseville and Girva►i is Court of Le Sueur. Right now "special treatment" appears vague with little direction or application in this review. Council Action To conceptually deny the applicant's appeals application that would seek approval of a subdivision of legally combined substandard lots in addition to multiple variances to the standards of the LR-IC zoning district based on the following findings: 1. To approve lot area and lot width variances concurrent with subdivision application would establish a negative precedent. 2. The applicant has received tax benefits from the legal combination of Lots 3 and 4. 3. The total property has been used as one single residential unit based on the location of garage, access drive and sewer l ine that serves existing house. 4. Between Coffee and Hendrickson bridges along North Shore Drive and Shad ywood 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 patters of the LR-lC district above Navarre area (See Exhibits E, f, i G) shows 16% or 43 properties offerthe potential of divisions if this application is approved. 6. Review Section 10.08, Subdivision 3A A) The property in question has been used as a residential unit receiving tax benef its for a minimum of 30 years. The undeveloped Lot 3 is taxes on an incremental basis, not as a buildable lot. B) The granting of such variances would change the character of the immediate surrounding neighborhood. 7. Approval of this variance and subdivision application would be in conf lict with the intent of the zoning code and comprehensive plan of the City. LAND USE PLANNING EXHIBIT 1 ZONING VARIANCE APPLICATION A CITY OF ORONO L,. P.O. Box 66, Crystal Ray, Minnesota 55727 677757 INBT1201005: Please first read the attached Information Sheet. Complete Items I - 17 (Type or Print). If needed, attach letter or other information to better d.scrlbe your request. Incomplete applications will not be accepted. 1. PROPERTY ADDRESS ^r Leta) description shall be shown on ,attached Survey, Exhibit 7 2. APPLICANT N,me ' .. - rl ,... Phone Mailing Address iL^r� �.��', •tapr •j. ., a (.y„• cr1r7i If Applicant is not owner, explain 3. OWNER Name _ Phone calling Address Date Property Acquired c' ' "' (Month/Tear) I (do) (do not) also own other adjacent parcels of land 4. AGENT Name Phone rim _ lM iling Address 5. NOTICES Should be sent to: _ _ Applicant Owner Agent 6. PRESENT ZONING 11SE DISTRICT ' 7. PRESENT USE Residential _ (Other) 8. LIST OF EXHIBITS J Description Initial Application mat Inc ludo: 1 B// Application ►orn 2 Property Owners List 7 Zertificate of Survey �ree Receipt Date Received % �e By Starr Information b Plst cap S Inventory p 6 Staff Comments Other Informatton 7 e 9 Vacant I.And Vacant Building(s) _ Occupied Building(.) �.'A' C. DESCRIBE REQUEST ESTIMATED CONSTRUCTION COST $�'�r�nn•n'� establish new use _ continue or xpsnd existing use Y build new _ add on _ remodel _ replace Describe request in detail: Tax kr, -'it;, i1t.,,.1:, ,,.,• 9. VARIANCE(S) REQUIRED to do the requested Work: _ lot Area tot Width M.rdeover Setback (_ Front Side Rear) Other 10. Describe UNUSUAL PROPERTY CONDITIONS preventing compliance with Zoning Code requirements: 11. Describe UNDUE HARDSHIP or PRACTICAL DIFFICULTY rrsuittnjt fore. atric• epfoteee.evt of eon leg regulations 12. Describe EFFECT OF PROPOSED WORK on neighboring propertloo and o, the ns/ghborhood gm genaralt ,,w t11.fe " + . :!I*- hl- '!11 no+ a is r,rl3nt`= I I The APPLICANT and the PROPERTY OWNER must sign and date this application. We AMICAW hereby agreas &a prwriM all laterratloe The OMIgR Iweby ashnevleN s aN egreee ea clots aPplleaslem raplrN er rgwatN ►y else famlatg n�slnUtastar, press and further authors$## reasonable emery ewae the psopreee to pay all Peas ewer emmoval eapen"Pas Incurred to review by City staff, censullents, ,poet• stew aaalhopts. of this, applicatgM, and soreifl d the information and Owncil wea►ere for Purposes 001 lwvestt$satam a"wppliod le &net a" eesrrvet t Aa beat of his howled$•: verification of this rgwet: Applica is Signature Date Owner Signature Date ire - It . r (N11 %�' (� (� (l0 3>d� 7 dhf s�.� GIB (AD \y� fD% /', r ` • • ' a SAC AVE 12 1i Irk '2 1 Q� ~ ��� `(A4� v//i� w i.^. Sat oi s L� ; //� '��' •�• I� d Ib I I2 11 110 l9 ? d 7 : (34i a J I; r 3` i •,,; lei 5 now 20 2 2 23 24 2S 26 27 2L,' 29 30 132 Y �� 2� 1 M \ti6 6 �`•.� o .n te• , / •T4'i�"�tR��►T;— anvnL —_ "vr� "- ,�' s L e•' �' / i �•^ SL t11 : �I AaV) ox•C a; 'IICi/1a11'.•r- `If/ e If MAPLEGAT ET r ` N ;• ` 26 : �.i �t'• .. i. e: f. y 14 _4'1 _—T ° so r . ti ' oIvoo)1 I AV .►-.. �; . fit, .: ire • Is or C s o v) 20 1 i �g1 j.a! A �1 \ RUN DATE 01/11/04 1tt10i1Ptll ClgltltY IK,*nrtl?TY IN10131A110ti SYSTLM PLI`11R1 N0. PI43S401 DATCFI 001 PROPLPTY owurPS LIST PAGE 1 38 08-117-23 33 0059 PROP AODR' 03820 NORTH SHORE OR OSQIER NAME JOHN G EIDEM TAXPAYER JOHN G EIDEM NAME/AOOR 3820 NO SHORE DRIVE WAYZATA MN SS391 38 08-117-23 34 0044 PROP ADM 03818 NORTH SHORE OR OWNER NAME W A S SMILEY III TAXPAYER WILLIAM Y SMILEY III NAME/ADDR 3818 NORTH SHORE OR S WAYZATA MN SS391 38 08-117-23 34 0054 PROP AOOR 03685 NORTH SHORE OR 018IE1 PIAME CHARLES R CARL TAXPAYER GLENN C UPTON C01IT PURCHASER NAME/ADOR 3665 VORTH SHORE OR ORONO MN 55391 38 17-117-23 21 0004 PROP AOOR 01675 SHADYW000 RD 01.?IER NAME RICHARD 0 NORUM i WIFE TAXPAYER RICHARD NORUM NAME/AODR 1675 SHAOYtKX1D ROAD WAYZATA MN 55391 38 17-117-23 21 0011 PROP AOOR 0370S NORTH SflORE DR 0:*M* HAN HAROLD SULLJIOLD ETAL TAXPAYER OR HAROLD 3ULLWOLD NArl/ADDR 3705 NORTH SHORE DRIVE WAYZATA MN SS391 38 17-117-23 21 0014 PROP ADOR 016SO SHAOYWOOD RD OSlHER NAME K H ROELOFS ETAL TAXPAYER K H ROELOFS NAME/ADOR 16SO SHAOYW000 RD WAYZATA PIN SS391 38 00-117-23 33 0060 03018 1101til SHIRE DR W i S StIILEY III WILLIAM Y C11ILEY III 3810 KC?TN !:C^'tE CR S WAYZATA IRI 55391 38 08-117-23 34 0052 03675 K RTH SIIC^E DR HARRY SKRYPEC II',RRY S"RYPcC 3675 NO StiO.'?E DR 11AYZATA Ittl 55391 38 00-117-23 34 0050 03768 N027H LHO,E OR J01Itl T EIOEM ETAL JOHN T EIDEH 3760 1:01TII SIIC^E OR WAYZATA MN 55391 38 17-117-23 21 0005 01719 FAGERNESS POINT RD WARD F WELCII R WIFE WARD F WELCH 52 MILL SPRING LA STANFORD CT 06903 38 17-117-23 21 0012 01620 SIIADYN300 FD J C ERICSC:J ETAL MR JCH:l C ERIC!�CN 1620 SHADYI:OJJ ROAD WAYZATA MN 55391 38 17-117-23 21 0015 01670 RD TII011AS R SAPENPA ETAL THO:IAS SAREIIPA 1670 SIJJ.DYl=C D ROAD WAYZATA t^J 55391 38 08-117-23 34 0043 03818 t:J?Tll S%iOP.E OR W E S SIIILFY III WILLIAM Y SMILEY III 3018 t:C'1TH S:K 'E DR S WAYZATA tAl 55391 38 00-117-23 34 0053 03683 NORTH SIICRE OR R G RESSLEP I: S RESSLER PEX L RESSLER 3683 NO^Til SNOP.E CR WAYZATA rN 55391 38 17-117-23 21 0001 03305 l.CRTH SIIOQE OR JAtIES A P.^.'.:'_'RS Jl:IES A PO::'RS 2475 OUT ::OCOY AVE WAYZATA MN 55391 38 17-117-23 21 0010 01610 StIADYt1000 RD 0 i G ROPERS ODVALD A GAIL ROGERS 1610 SHADYWCCO RD WAYZATA HIM 55391 38 17-117-23 21 0013 01640 SHADYVOOD RD G T FIt»1 ETAL GERALD T FII11 1640 SHRDYi:J^D RD WAYZATA tL4 SS391 38 17-117-23 21 0016 01680 S:IADYI:flCD RD J011tl G DOLEIIAti ETAL JOItN G OOLEIt :N 1600 SHI.DYNOOD ROAD WAYZATA t?J 55391 RUN DATE 01/11/84 BATCH 001 38 17-117-23 21 0017 PROP ADDR 01690 SIJADYWOOO RD DIM* NAME JACK F RHOOE TAXPAYER JACK F RH ODE NAME/ADDR 1690 SHADYWOOO RD WAYZATA MN 55391 30 17-117-23 22 0013 PROP ADDR 01645 SHADYWOOD RD OWNER NAME RALPH HARVEY ET/L TAXPAYER RALPH HARVEY NAVE/ADDR 1645 SHADYWOOD RD WAYZATA 124 55391 HENNEPIN COUNTY PROPERTY INFO^MATION SYSTEM PROPERTY O:RIERS LIST 38 17-117-23 22 0001 03045 NORTH SHOP E OR LOREN R FRITZ ETAL LOREN FRITZ 3045 NORTH SHOPE DR MOUND M1 55364 38 17-117-23 22 0035 01729 FAGEPHESS POINT RD R A N NINTEPS RICHARD M NINTFRS 1729 FAGEPHESS PT RD ORONO NTJ 55391 REPORT NO. PI435401 PAGE 2 38 17-117-23 22 0012 01635 SHADYWOOD RD RALPH E MILLER ETAL RALP11 E MILLER 1635 SHADYWOCO RD WAYZATA MN 55391 TOTAL BATCH 001 00023 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE ANO TRUE REPRESENTATION OF INFORMATICN AS IT APPEARS THIS DATE ON THE RECOPOS OF THE HETAIEPIN COUNTY DEPARTMENT OF FROPERTY TAXATIOJ,�O THE BEST OF MY F110ALEDGE AND BELIEF. �7 n _-- 0ATY /�Y �� i 1XI-VE1 CF - Lot 3, Lot 4, an] the 5.CUO feet of 1..Zjv, zccc:-71r49 tC to r�co-rded plat thL.rVC'rDf � JP 4 IW ITY OF QRGrI'I­- 3t- - Stcry St-ne Dwelling ling c F3usc -:ec! Uv r-, - Evvervi.:Cn arid tba: I ar, z 4juil, :''eS-.we -' k'or-tsci 2 f .,w .o.c I OW. ei.+c n MEaNA p -•-•-•- •-•-•-• -•-- •- .�.-.:...-. 4 LAKE '�• �•. a�� 111 1 14 • MN�E A� ___. •/./ lY! 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PAUL, MINNESOTA 55101-177S TELEPHONE 16121 291-1611 TELEX 11 91OS633643 INTER LAW STP July 26, 1984 Ms. Jeanne A. Mabusth Zoning Administrator City of Orono P.O. Box 66 Orono, Minnesota 55323 Re: John Ericson Variance 1620 Shadywood Road Our File No. 2623-01 Dear Ms. Mabusth: Applicaticn JOSEPH M. NEMO. JR RODGER D SOUIRES J. DIXON TEWS JOHN W. PETERSEN GERALD S DUFFY CHARLES C. JENSCH JOHN PAUL MARTIN 13RUCE E. GOLDSTEIN SALLY A. MULLEN JEFFREY G. STEPHENSON SHANNON M. 0 -DOLE DAVID D. MCMILLAN OF COUNSEL MICHAEL T. MOZER As you are aware, the undersigned represents Mr. and Mrs. John Ericson in connection with their request for a variance to build a home on a lot they own in the City of Orono. It is my understanding that the City Planning Commission last acted on this matter on April 16, 1984, and that the Commission tabled the application at the request of Mr. Ericson, By this letter, I hereby request that the matter be reinstated on the Planning Commission Agenda, for the meeting in August. It is my understanding that the August meeting will he held on August 20, 1984. I would appreciate it if you would confirm to me that the Planning Commission will hear this matter on that date, and if you would provide me with a copy of the Agenda prior to the Hearing. I have reviewed your memorandum dated April 12, 1984. in which you recommended to the Planning Commission Members that they deny the variance request. This letter is filed in Opposition to your memorandum, and I request that it be provided to each of the Planning Commissioners prior to the August Hearing, First, by way of background, I believe it is appropriate to examine the history of this property to obtain a genuine understanding of the character of the neighborhood. The Shadywood W PETERSEN,TEWS 8 SQUIRES •ROI[SSIONAL ASSOCIATION Ms. Jeanne A. Mabusth Page 2 July 26, 1984 Subdivision is an extremely old subdivision, ani was originally -latted on February 21, 1893, by Mr. and Mrs. Curtis Coffee, Mr. Walter Webb, and Ms. Laura Jones. The platters had a vision of a tasteful development of Crystal Bay, and obtained approval for the platting of 41 buildable lots on Crystal Bay. The original proprietors had the intention of allowing 41 homes to be built on the lake, with all of the lots having the feature of lakeshore property. The original plat sets forth the length of lakeshore for each lot, and the varying lengths are as follows: Feet of Lakeshore 50 55 60 75 91.4 Number in Original Plat 6 4 27 3 1 41 I have enclosed a copy of the original plat for your review. Johr. Ericson has been a citizen of the City of Orono since the mid 1940's. John's parents acquired two lots in the Shadywood Subdivision in 1947. I have enclosed photocopies of the original Certificate of Title regarding the acquisition. As you can tell from the legal description of the properties involved, two lots were acquired by the Ericsons. John and Barbara Ericson acquired the subject properties in 1961, purchasing the lots from John's parents. Again, from the clear language on the deeds, the two lots were conveyed. I have enclosed a copy of that Certificate of Title as well. It is interesting to note that of the 41 lots originally platted in Shadywood, 27 of them have 60 feet of lakeshore. The Ericsons' existing home (on lot 4) has 60 feet of lakeshore. The home for which the variance is requested has 65 feet of lakeshore (60 feet from lot 3 and 5 feet of lot 2 which the Ericsons also own). From a review of the origin,il pi-t, the first 27 lots in a row all contain 60 feet of lakeshore. Perhaps the most striking or dominant trait of the character of this neighborhood is the fact that all of the homes sit on lots containing 60 feet of lakeshore property. In addition to the Orono Municipal Code, the Ericksons' request for a variance is subject to Minnesota Statute 462.357, which has been characterized as the enabling legislation for all municipal zoning ordinances. See Costley v. Caromin House, 313 N.W.2d 21 (Minn. 1981). PETERtiI:N,TU\\'ti r`i ti�2lJittt:ti PROFESSIONAL ASSOCIATION Mom. Jeanne A. Mabusth Page 3 July 26, 1984 Minn. Stat. 462.357, Subd. 6 establishes the statutory guidelines regarding variance requests. This statute allows municipalities "to hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual proeerty under consideration"... The term 'undue hardship is defined in the statute to include the situation where, "the plight of the landowner is due to circumstances unique to his property not created by tla landowner, and the variance, if granted, will not alter the essential character of the locality." (Emphasis added.) With the historical perspective in mind, and with the statutory requirements of variance procedure being understood, I will now respond to the seven (7) reasons you have cited in support of your recommendation for denial: 1. To Annrove Lot Area and Lot Width Variances Concurrent with Subdivision Application Would Establish a Negative Precedent. This reason for denial is not valid under Minn. Stat. 462.357. As indicated above, when a municipality hears a request for a variance, it is confined to the issue of whether there is "undue hardship" to the "circumstances unique to the individual property under consideration." The issue of whether the grant of the variance would or would not establish a negative precedent is irrelevant and is not subject to consideration under the enabling legislation giving rise to variance hearings. The only discussion in such a hearing should focus on the undue hardship of the property involved, and should not address other speculative issues. The governing body, by law, must confine its inquiry to the individual property under consideration. Note that the Minnesota Supreme Court has stated that mere "aesthetic concerns" do not rise up to the level of serious health, safety, or public welfare considerations which justify the denial of a variance request. Luger v. City of Burnsville, 295 N.W.2d 609 (Minn. 1980). 2. The Applicant has Received Tax Benefits from the Legal Combination of Lots 3 and 4 Over the Years Since the 1940's. This reason for denial is difficult to respond to because no affirmative action on the part of Mr. and Mrs. Ericson is involved. Again, when we look to the enabling legislation (Minn. Stat. 462.357), we are confined to an inquiry as to the plight of the landowner due to "circumstances unique to his property not created by the landowner." PETfK.v)FN,TEWS 6 SOIJIftf:S PROFESSIONAL ASSOCIATION Ms. Jeanne A. Mabusth Page 4 July 26, 1984 If the Ericsons did something affirmatively to alter the tax structure, we would certainly be required to address the issue. however, since the County, on its own initiative, altered the taxes on the properties twenty years before the Ericsons acquired the property, this should not be held against the Ericsons. Since the Ericsons never requested a tax benefit due to the County's combinaton of the lots for tax simplification, this factor should have no bearing on the variance request. 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. This proposed reason for denial is untrue. The current home is situated on lot 4. Both lot 4 and lot 3 have separate sewer and water capabilities. Both lot 4 and lot 3 have access to the street. Both lots are totally usable and are capable of supporting a dwelling in their respective conditions. 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 see': the same division with variances if this application is approved, resulting in 16 new residences on Crystal Bay. Since this proposed reason for denial contemplates issues not related to the individual property under consideration, this is an unlawful factor. See Minn. Stat. 462.357 and the discussion above for factor No. 1. 5. A very preliminary review of the ownership patterns of the LR-lC district above Navarre area see Exhibits E, F, and G) shows 16% or 43 properties offer the potential of divisions if this application is approved. Since this proposed reason for denial also contemplates issues not related to the individual property under consideration, this is an unlawful factor. See Minn. Stat. 462.357 and the discussion above for factor No. 1. 6. Review Section 10.08, Subdivision 3A a) 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 taxed on an incremental basis, not as a buildable lot. PETERSLN.TEWS 8 SQUIRES PR0rE5510NAL A550CIATION Ms. Jeanne A. Mabusth Page 5 July 26, 1984 This is exactly the same reason as reason No. 2. A response is expressed there. b) The granting of such variances would change the character of immediate surrounding neighborhood. This reason is absolutely untrue. Every lot in the neighborhood has 60 feet of lakeshore. The proposed use is not only totally consistent with the existing neighborhood, it is also totally consistent with the 90 year -old plat which gives rise to the neighborhood. The intended use fits perfectly with the existing homes and would be naturally compatible with the surrounding area. To really put the matter into proper context it is noteworthy that the proposed home would sit on a 19,500 square foot lot. This is certainly an ample sized lot for the construction of a home in accordance with the plans filed by the Ericsons. This was clearly contemplated to be an acceptable lot size when the land was originally platted. 7. Approval of this variance and subdivision application would be in conflict with the intent of the zoning code and Comprehensive Plan of the City. This general statement is hard to respond to because of its lack of specificity. As discussed above, the proposed use fits the applicable plat and matches well with the neighborhood. As citizens of the City of Orono, the Ericsons should be allowed to utilize this unique piece of property. If the Orono ordinances must be construed, they must be done so under the policy of being strictly construed against the City and in favor of the property owner. See Frank's Nursery Sales, Inc. v. City of Roseville, 295 N.W.2d 604 Minn. 1980). Such a construction of the ordinances would indicate that the variance request should be granted. Also, since the subject property abutts the lake, the recent policy of the Supreme Court regarding lakeshore property must be followed. In Girvan v. County of LeSueur, 305 Minn. 175. 232 N.W.2d 888 (1975), it was held that lot size requirements and front and rear yard requirements of zoning ordinances must be applied to lakeshore property in a manner designed to recognize the use and development of the property and to avoid absurd results. In Girvan, the Court noted that lakeshore property is entitled to special treatment due to its unique character. PETEkSE:N.TE\\'ti to SC21!IkE:s PROFESSIONAL ASSOCIATION MS. Jeanne A. Mabusth Page 6 July 26, 1984 Therefore, in summary, on behalf of the Ericsons, we respectfully request that approval for the variance be recommended. The unique situation with respect to this property, and the undue hardship which the Ericsons are facing compel the grant of the variance. Very truly yours, P TERSEN, TEWS & SQUIRES, P.A. Bruce E. oldstein BEG:cf Enclosures cc: John and Barbara Ericson MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 4 #806 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 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 within Lot 1. Motion, Ayes (5), Nays (0). 811)JOHN ERICSON 0 SHADYWOOD ROAD VARIANCE i SUBDIVISION John Ericson was present. Bruce Goldstein, attorney, was also present. Zoning Administrator Mabusth stated that this application is a request to divide a legally combined properties in a 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 setback variance for Lot 4 is 3' from the shared lot line and the zoning district requires 10'. Bruce Goldstein, Ericson's attorney, stated that by granting the variance would in no way be in conflict with the existing neighborhood. Goldstein submitted a petition from adjacent neighbors stating that they are not in opposition of the variance. Goldstein stated that the variance has gone through a public hearing and no opposition was raised at that time either. Goldstein 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. Gold • ein 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 parcels of land in that neighborhood could be subdivided if this application was approved. Goldstein stated that the hardcover requirements would be met. MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 5 #811 JOHN ERICSON 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 benefits from the legal combination of Lots 3 and 4 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-lC district above Navarre area shows 16 percent or 43 properties offer the potential of divisions if this application is approved. 6. Th,z! 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 _he intent of the Zoning Code and Comprehensive Plan of the City. Motion, Ayes (5), Nays (0). To: Walter R. Benson, City Admi ni str Ator COUNCIL MEETING Orono Council Members From: Jeanne A. Mabusth, Zoning Administrator OCT 29 1984 Date: October 25, 1984 Subjects #814 John Eric -son, 'Ei 42 Lyric Avenue CITY OF ORONO - Var i a n c e Zoning District - LR-IC Application -- Lot. Area - Lot Width Variance a) Lot Area Required = 21,78U s.f. Existing = 6, 7vO s.f. (approximate) or 71 Variance 1�,Q80 s.f. or 69% b) Lot Width Required = li►�i' E:: i st i ng = 50 ' Variance - 5(.)' or 50 List of Exhibits: Exhibit A - Application Exhibit 6 - Property Owners List Exhibit C - Flat Map E:rhibit. D - Planning Commission Minutes 4/16/84 Exhibit E - Site Flan Exhibit F - Letter From Realtor - Franl: k..reiser Office Exhibit 6 - Sewer - As -built Exhibit H - Water - As -built The applicant seel:.s variances to construct a "spec" home on Lot 17, Block 5 Navarre Heights. the now revised site plan shows the proposed structure meeting all required setbacks. Lot 17 was ta,; forfeit up to October 1981 when it was purchased by a Maynard R. Nielsen f o. #�, i ii►�_►, pi►, assessed market value of the vacant land is , GC►C►. Ul►. Compared with surrounding compatible lots, Developed Lots: 1. Lot 15 # 13, 700 2. Lot 18 12,4(_)i► 3. Lot 22 12,200 4. Lot 23 12,500 Undeveloped Lots: (only 2 others in this neighborhood) 1. Lot 16 (Block 5) 4r 00 - assessor has reduced valuation for 1985 tax year to a 2. Lot 7 (BIoch 6) ta, Drfeit lot purchased for 1,Oi►ll,iilr. Valuation for 1985 tax year -kround #2,OOi►,pir, The current pattern of development in this neighborhood has been to build on 2 or 3 of these vacant lots or existing houseowners will acgr.ri re an id_)acent tax fnr+e. t lot and combine with their homestead. The lot has been assessed for sewer and water as follows: a) interceptor sewer .15 acres [110.0!> _ 16. 5(-') b) lateral sewer 50' @ $8.15 per lineal ft 407.50 c) watermain 5(Y C *5.80 = 290.00 d) one water unit paid 580.00 The maximum allowed hardcover of 2,345 s.f. (34% of total area) has not been exceedud, proposed 2,190 s.f. this includes driveway. "The unique feature with this review was the vacant lot for sale next door. The agent subwitted a latter for the record advising the City that economically it would not pay for the two lots valued at 12,500 each to be combined as one building site. The City has difficulty understanding this claim when new owner only paid *2,000.or) for subject lot. The assessor lowered the land valuation on lot 16 from t8,200.iAu to $3,rji►ir,irir for 1985 tax year. Planning Commission's Recommendation was as follows: Majority of 4 moved to deny application based on the following findings: I. Additional land available and for sale adjacent to lot. 2. The development of a single lot is not consistant with the current pattern of neighborhood development now at a minimum 2 lot level. 3. The information stubmitted by the appli=ant and realtor are in complete coflict with the factual findings of tax records of the City. 4. Denial will not create financial rardship for fee owner as property was tax forfeit and PUrcha4L-d with the k:nnwledge that the lot was substandard. 5. Approval o+ this k i,,u of appl i cation would stabl i shed a negative precedent in the review of similar applications. Minority of 2: 1. Proposal meets neighborhood pattern of development. �. All setback and hardcover standards have been met. 3. Property has toen assessed for sewer and water. 4. Property has been provided with sewer and water stubs. Council Actions To conceptually deny or approve application and direct staff to draft necessary resolution for Council action at your next meeting. 3 LAND USE PLANNING ZONING VARIANCE APPLICATION CITY OF ORONO t P.O. Box 66, Crystal gay, Minnesota 55323 .7I-7357 EXHI14 BIT j1 4 r i� �� INSTRUCTIONS: Please first read the .ttsehed informs tIon Sheet. Complete Item. 1 - I) (Type or Print). If needed, attach latter or other tnformAtlon to better describe your .equest. incomplete applicant will not be accepted. 1. PROPERTY ADDRESS PID ?1.7-117-"3-'13-007"? Legal description shell be shown on attached Survey. Exhibit 7 2. APPLICANT N.me John ',. Ericson Phone ..71_n55/n wising Address 1420 Shat'y:rooa i;'. '.hyrata, Ain. 553�1 If Applicant is not owner, explain -ly,>r — Sybj#'ct to Vrarlancc ,y pity t,f Orono,., 3. OWNER me., il.ii. Niel^on Phone 7?11'?334 Mailing Address11159 Snellin" A, . So. I:nit;. r.n. 51 01' Date Property Acquired (Month/Year) I (do) (do not) also own other adjacent parcels of land 4. AGENT -- Phone Firm Mailing Address 5. NOTICES Should be sent to: _ Applicant Owner Agent 6. PRESENT ZONING USE DISTRICT iusldent: 1 7. PRESENT USE Residential _ (Othea) dxeant Lot T:, rxHIBITS aecriDtion Initial AD t " n.klM suet inch 1 Application Fort 2 Property Owners List 7 _ Certificate of Survr, Fee Receipt I/sa: Date Received o2 —1 - A ey t � Staff intormscion 4 _ Plat Map i _ Inventory 6 Staff Comments Other Information 7 e 9 Vacant Land _"r Vacant Suilding(s) _ _ Occupied Ruilding(s) _ 8. DESCRIBE REQUEST ESTIMATED CONSTRUCTION COST $ _ establish new use _ continue or expand existing use _ build new _ add on _ remodel rylase Describe request in detail: L:• Is 50 x 11: or nraroxt!i%tely r700 sq. ft. dint 'o move in houne. IF. this .+ i:uthatatA lot? Sewer anti ui*ter are in !3treet. 9. VARIANCE(S) REQUIRED to do the requested work: _,< lot Are. tot vldt. _ wr4ater Setback (_ Front _X_ Side _ Rear) Other 10. Describe UNUSUAL PROPERTY CONDITIONS preventing compll Ance with 7-ning Code req•.1rement. - ,.. -. . 11. Describe UNDUE HARDSHIP or PRACTICAL P regulations O ULTY re.ultlrg from strict enloreassnt of Boning 12. Describe EFFECT OF PROPOSED WORK am neighboring properties and vn the neighborhood In ganaral: No ,,•, — if Iri �.rpq )-) not mt-• • o,I r W sonif:r' bier-nAr.` . The APPLICANT and the PROPERTY OWNER must sign and date this application. The APPLICANT hereby agrees to provide all information The OWElt hereby acknowledges and agrees to this applies tl requtrad or requested by the Zoning Administrator, agrees and further authorizes reasmable entry onto the property to par ell fats and/nr un s xpeme. incurred In review by -try staff, ccnsulta Wit., aSanta. coaml.ston members, of thle .pplicatlon, And c 1 w that the Information and Council members for supplied I. tr . and cos u t tha best of h L knnwler ,e Pu�ooue o! investigation and %rl fiutlon of this request A C CMt—/ /`✓/f/-z' L Pppli nt'e Signature Date Owner's Signature Date APPLtf Drrnm,IN11, TIR riltRi' Timmy ov 7III: MONTH [1FFO"r PT.ANNI11t: COMITSSION t RUN DATE 01/24/64 HENNEPIN COUNTY OROPERTY 1r#GRtA%C-N SYSTEM PROPERTY OWNERS LIST BATCH 004 18 17-117.23 43 0043 30 17-il7-23 43 0059 PPOP ADOR 03505 LI,f0,*STON AVE 03500 LYRIC AVE OANE-R NAME WILLIAM F DOLOLR SR t WIFE S A L FORCE TAXPA!FR WILLIAM F DOLDER SR STEVE R i LAURY R FORCE NAME/AC)R 3EI3 LYRIC AVE 5500 LYRIC AVE 50 WJYZkTA MN SS391 ORONO MN 55331 38 17-117-23 43 0069 38 17-117-23 43 0070 CROP ALJR 63'.77 LIVINGSTON AVE 03'1)5 LIVINGSTON AVE OWIER NAME ALTA I ANOER50N VERA TEETZEL TAXPAYER AITi I ANOERSON VERA TEETZEL NAME/ADDR 34 LIVINGSTON RT 1 3495 LIVINGSTON AV Wk-tATA MN 55391 WAYZATA MN 55391 38 17-117-23 43 0072 38 1'-117-23 43 0073 PPOP AODR OWNER NAME BEATRICE J WASSON STATE LAND DEPT TAXPAYER BEATRICE J WASSON MAYNARD R NIELSEN NMIf'ADDR 2656 GLEMr "ST "LACE 4159 SHELLING AVE SO MPLS M`1 -1,, MPLS tiN 55406 38 1i-117-23 43 0075 38 17-117-23 43 n086 PROP ADDR 03468 LYRIC AVE 03465 LYRTC AV' CttNER NAME STEVEN F TACK t1APGARET M OLSON TAXPAYER STEVEN � TACK MARGARET M OLSON NAyE% .)OR 3468 LY::IC AVE 3465 LYRIC AVE OROtl0 MN SS391 RT 1 WAYZATA MN 55391 38 17-117-23 43 0038 38 17-117-23 43 0089 PPOP AOOR 03477 LYRIC AVE 0'.: !EF r'tt•F GEORCE F PIPER JR GE04GE F PIPER JR TAXPAYER? +EORGE F PIPER GFOVGE F PIPER HATE/ADDR 3 71 SHORELINE OR 3v7� SHORELINE OR ►:cY: ATA K4 55391 WAYZATA MN SSS91 3" J-117-23 (4' 0100 38 II 11 CS 43 01•.; PROP AOOR 01• 11 LYRIC AVE 03473 LIVING;T-1N 0:31ER 11.1ME PudY I.1NDBLAD ALBIN S PETERSO,i TAYVAI." .^.Ln" LINDE,,AO ALBIN 5 PEI*R'c, NAM#/A"7. •-1C AV! 3473 11VINGS'-U,! + fm i ' "I rs W t'.N 3Y. a � rTA 44, ,. REPOPT NO. PI435401 PAGE 12 38 '-117-23 43 0068 034-S LIVING -TON AVE WILLIAM F ALLEN i WIFE WILLIAM F ALLEN 3475 LIVINGSTON AVE WAYZATA MN 55391 38 17-117-23 43 0071 03496 LYRIC AVE EDWARD J HALEY ETAL EDWARU J HALEY 3496 LYRIC AVE WAYZATA MN 55391 3L• 17-117 23 43 9074 01-r72 URIC AVE J E GLEAON ETAL AMES I c.LEASON 3472 L-'iC AVE WA 'A T = 111 SS391 38 17-117-.�3 43 0087 n3473 LYE IC AvF A A GEA11 i 0 A DEAN ANTHJNY A A DEBRA A DEA,i 3473 LYRIC ST ORONO MN 55191 38 17-117-23 4' U090 03499 LYRIC AVE IIARJORIE M GREY GAPY W WOLFSTELLER CARDINAL LANE t L) 44 55364 TOTAL BATCH 004 00017 A_1rim M 1 CITY OF ORONO RW DATE 01/24/84 HCNNEPIN COUNTY PROPERTY 1NF0RHATI')N SYSTEM REPORT N0. P1435'iOl PPOPCRTY OWNERS LIST PAGE 13 BATCH 004 I CERTIFY THAT THE FA..TS REPRESENTED ARC AN-CUP:.T5 AND TRUE REPRESENTATION OF INF31MATION AS IT APPEA S THIS CATE ON THE PECORDS OF THE HEIP'SPIN COU`1TY DEPARTMENT OF PRO THIS TAXA ION, TO THE BEST Of MY KNOWLEOGE AN1 eeLIFF. DATEI�B'f _. I rt a r 03 •Y.i '/ /'� 0 17 �w �'!� ',ice' `�\ �- (�AS 14 '• i ' _ 1 / ����,�1,0: / .,t �tigO �• �' / % 9 it y1\ 14 ''6 �%�IS � � �l )fir` t,�ls� 'r� �G .• 6 V ,\ , ; S '\ .•1;� %j.yt �_, 1 �ty� I I �� tart . • �I j •,�ti) � `� l'� � � ` F'' ��► 1 �• � •�. � r h Ili) �I i � ` r �}�*.� � ;^ r�•'.y� R RN f ii ;�; , (�,� z i 40 y �. t } ' 20 3l /39 251 2 (14) 12 a e 7 6- 6 , 3 2►� t i. is 2s d 19 20 21 22 23 2,, it 12 13, '� 15 17 ie 19 20 ti � 14 .O.z/1, `�i�I�/ ` / i �/0.. LIVINGSTON AVE-.. t~ te••. 7 4 i 94)J'h�!►.VJ.. 2 vd.• E Vy* 4 0 ait o � 1p 14 12 it.' to is i.7 ' e ' j 2 11 �d•. c4 0010 Q cr -so 15 le 17 16. IB 21 , 2! 23. 24 5. 2e Z t\:) 91ii°c,f3.: • �� a ?s - �.^'_— u�1 LYRIG AVE ' •^ ,. -- 1_otq;' \ �/s r•,, O 9� �.I ,I 3,I 2.1`I �a!l3 12 II I10'/9 19 7 ♦ 5 4 2•i 1 Ia� (1)1 atUL k -� a �� - `>A� ��� '�i I __��-. • gyp• � .t - 0 t_ A 3- N le 17 le 19 20 22. 23 24 iS 16 17 ' le 19 20 2r ' 32 1�3' >� 27dQ�k) goZ8 (•1 E, (� D/ jam. N'f ills z -t2 It to 9 7 6 5 1 3 3. • 14 (Gy: 16 (0) 16, �4) 17 Ie, SS) 1! ZO 21. L22 t3, 2 MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 16, 1984. PAGE 2 #811 JOHN ERICSON 1620 SHADYWOOD ROAD VARIANCE 8i)2 JOHN ERICSON LYRIC AVENUE VARIANCE Kelley stated that he would be in favor of the vacation. Rovegno stated that the survey is not correct. Sime stated that the applicant should try to attain additional land by vacating Part: Avenue and a new survey should be done. Sime noted that the applicant was placed on notice that the lot may not be buildable. Sime stated that he would not be in favor of the variance unless the applicant acquires additional land. Callahan noted that even if you vacate Park Avenue the lot would still be substandard. Callahan stated that he would have a )Hard time approving this variance application because it could set a precedent for the rest of the neighborhood. Schulz stated that if the applicant could acquire an additional 6,000 sf it would bring the lot closer to the other lots. M, ms felt that it would be a good use of the property to put a house in the lot and that it would f it in with the rest of the neighborhood. Adams stated that he would be in favor of granting the variance. Kelley agreed with Callahan that the lot is very substandard. Sime moved, Kelley seconded, to table the variance application to allow the appl: cant time to explore the idea of acquiring additional land, for the applicant to get another survey and for applicant to explore the access issue. Vote: Ayes (6), Nays (0). Joha Ericson was present. Ericson asked that the City table his variance application to allow his attorney to review the Toning Administrator's memo. Rovegno moved, Kelley seconded, to table the Ericson variance application. Vote: Ayes (6), Nays (0). John Ericson was present. Ericson stated that at the last Planning Commission meeting they asked him to explore acquiring additional land. Ericson stated that he does not intend to buy the lot next door. Ericson stated that he didn't want to put any more money into the land. MINUTES 01 THE PLANNING COMMISSION MEETING OF APRIL 16, 1984. PAGE 3 Rovegno stated that the letter fiDm the realtor implied that if the two lots could be combined that it would be a buildable lot. Callahan moved, Kelley seconded, to deny the Ericson variance application f inding that there is additional land available next door that is for sale, that if the two Lots 16 and 17 were combined it would increase the buildability of the lot and that that approving this variance would create a precedent. Vote: Ayes (4), Nays (2). Adams and Sime minority opinion. Adams stated that tie would approve the variance application finding that: 1. The proposal meets the neighborhood pattern. 2. The proposed house and garage meet all setbarks ar.1 hardcover requirements in the LR-IC zoninq district. 3. Property has been assessed for sewer and water. 4. Property has been provided with sewer and water stubs. Sime agreed with Adams and stated that when the property is a-sessed for sewer and water that it was intended to be a buildable lot at the time. 1816 LAKE MINNETONKA HOMES 155 WILLOW DRIVE SOUTH (COUNTRYSIDE DRIVE) SUBDIVISION Richard Conry was present. Judd Ringer and Donald Scott were present from the audience Sime moved, Adams seconded, to approve the five lot plat of Countryside Manor Second Addition (Exhibit A- 1) findinq that all lots meet the requirements of the RR-lB zoning district and have been found to meet all standards of the Orono On -Site Septic Code for rural development, subject to the following conditions: 1. All newly created lots shall access from plat road. 2. A flowage and conservation easement will be required over, under and above the pond area. 3. A drainage and utilities easement over portions of land not included in road right of way that involve the temporar-i cul de sacs. cx 13 U PRoworto NOI� J! I C�wwwgt �•N I N i I r I 1-7 a M LYRIC AVC. - -- f'c. o T' Pt -AA) FoR J-0" C . '. IC So li SCALE o CXk,-61-f 1= : A Frank Kreiser Real Estate, Inc. MARY "PAT" GOODFELLOW REALTOR SALESASSOCIATE (PES1473. 15B() 4BUSr 544-953:+ - ) V4A�ZA1A BOULEVARD • MINNETONKA MN S5343 March 1, 1984 Mr John Erickson 1620 Shadywood Road Wayzata,MN. 55391 Dear Mr. Erickson; 1C. f 13 Thank you for your inquiry into the property at 35XX Lyric Ave., (known as Lot 16, Block 5, Navarre Heights) in Navarre. As I understand your inquiry, you are trying to purchase Lot 17, Mock 5 Navarre Heights and have the City of Orono give you a variance to build. The City Planning Commission has suggested to you that you purchase both lots and combine the two lots into one buildable lot. Please allow me to extend an opinion on this subject. Tt is my opinion that this would not be economically feasible for anyone to combine these two lots. You have apparently offered to purchase one parcel for $ 12,500.00. The identical lot next to it must also be valued at $ 12,500.00 and combined the two would be $ 25,000.00. The character of the neighborhood does not warrant an expenditure of that kind. Therris a half acre parcel available on Northern Avenue priced at $15,900. Another half acre parcel is available at 3601 Togo Road for $18,�00. These are certainly comparable parcels, except that they are both already over a half acre. If lots 16 and 17 were combined into over half an acre the cost would be excessive for the area. In our conversation you inferred that neither lot is a buildable lot at this time. The City of Orono and Hennepin County have been collecting taxes from my client for almost forty years. I was told by the City Zoning Administrator that both lots were bought for delinquent taxes and therefore the price of the lots were both inflated. My client bought lot 1E in 1947 for back taxes and has been faithfully paying on this lot all this time. If she sold her lot today for $ 12,500.0O3 she would be lusinq money. That is incredible to me since she has the Estimated Market Value from Hennepin County of $ 8,200.00. My client is paying taxes on her "unbuildable lot" equal to the half acre lot EDINA OFFICE 503t• F nrr,r , :-., nue Smith EMne MN 55410 9; rnpton MN 55431 AP, r. ;+•;',WILE OFFW1 7t1" Ei,. OFFICE 354oEa-IL.,•- ':' . MN'.•40x ?"11,44- MN 55343 544-91 1 " HL C� M't;G•na; r t c E ; `+1" c,,,;t• r_.w r Center Broom- . .. � �. � �.•� o .. . , >:r 1s' :'�FAPOLIS 1� nN Page 2. on 3601 Togo Road. I would further note that when The city of Orono put in sewer and water on Lyric Avenue the engineers stubbed in both water and sewer to both properties. It would appear that some one, some where thought they were both buildable lots and that two houses would be there one day. We will certainly watch with interest your request for a variance and we may have to seek counsel depending on the outcome. I will advise my client accordingly. Sincerely, Y Mary P. Goodfellow Realtor@ Frank Kreiser Real Estate, in c. 12500 Wayzata Boulevard Minnetonka, MN. 55343 cc: B.J. Wasson r1ahl Frank Kreiser Real Estate, Inc. 2-S F-Hp gSMT HO PSI 2ssT F HO N N O N i .. I-$ M J 1 +l I I M N N p N N F- HO F i-F ,n 35 1 v M 151 - ±J - + �j J ±J I Hn HO �. 1 '� ,. 1 13 14 15 �N 16 '1� I8 mN 19 20 21 N N 1 > 1 W o, 22 23 0 24 1 Q 1 [ 2 �' I - }J +J �; m N ti 1 50 „ OWWI + + _" „ NJ N 50 — 1 1 •x I 1 SG `� , - — co ltJ 1 M (+ rM (D M OJ I + J MM NJ EIF + !J +J NEB • (V—O �- S v p + T HO 2 i SITMJ 1 W I cr I I-SFH NJ n cr i C 2 S FAe- -IF ]-sol 1�G I ( 75) v i6 10) e "° _ l a � �' 1 I 12 II 10 9 8 7 6 N 5 4 3 2 1 iZ: I� LYRI( I M H 1 n 7 23 WATER — t 24 15 15 - 17 19 19 20 ee _C �� 21-F 5 2 2 2 apt�GN 6` 2� G LNG .6 C 2 2 3 2 4 ? I� i �q ` \ �Z� \GH p•P�VNG 3�2 pNG 2fe�CpG • F NG `a!� MVC\ .a H L] ' II HO HC H0 W SANITARY _ _ UE• e "r i H C SEWER I .aa .ar �b � � HG +3s ae.• ! 1 +rlb I i scat - % 12 . saa . sa a • • sa �@ 2 I2� 1e It I iI I .71 T4- U) i10 12]aa. Xr I�4 ]`]as ]: c ]r.. _9J ss-] --©-rC1•OaR- --WW_ -------- -----'� 3_ • •a LYRIC AV E. Z To: Wal ter R. bencon, Gi ty ildmi n I _ t r ,-t COUNCIL MEETING Urono hounci1 Members From: Jeanne A. Mabusth. Zoning Administrator OCT NJ 1484 Date: October 23, 1984 CITY OF ORONO Sub ject: #84,) Ned, Inc.. Worth .hi.irP Dr i a) PRD final Subdi -ision - PesolLot ion b) Plat Road Names llperoval French Creel Urivr A ltle =IJIiII•:Idl:.r IIClF� fill fLIIt'd 1::•11 ronditionr; of prCAiminar� approval providing rCquired ea<sc•Ioc•rlts and covenants to assure the safe development c:If the 17 unit PKI) pl •lt Subject to the f i ndi ngs and conditions art forth in the enclnt:od resolution. I have enclosed a letter- +rain the applicant s engineer c.rn+irmincy the dry bt!° ldable area ttuon the completion of the final sl t-,.ievirty. P) Plat Road Name Approval: I have received conflicting reports +rom reviewing sta+t members. Staff cannot recommend unanimous approval of the proposed n me +or the road. 1he Public Works Department contends there would bE, passible con+licts with an e-istiny private road named French I.21:e Road to the viorthe.:fat of French I_al:e. to be consit.tent. ��ta++ must: advise the �je•.c-lup-r that the spur road must bkz as-innf-A di f+erent de-,rgnation, merely ass:oning in pl acI_ of drive i not adequate. A new road name is requested for Spur road. Mr. I#o,ton will be advised r_+ SAAf+'a position prior to the meet) rld. HI_., wi I I rr,cir c- than 11 kF1 to addrf-ss Counr_i I on the issue. 1 A City of ORONO RESOLUTION OF THE CITY COUNCIL NO. RESOLUTION APPROVING THE FRENCH CREEK - FILE NO. PLAT OF 840 WHEREAS, the City of Orono is a municipal corporation organized and eyisting under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and iafe development of land within the City; and WHEREAS, the City Councilhasconsidered theapplication for a subdivision plat by NED, Inc, A Minnesota Corporation, the subdivider; and WHEREAS, on August 27, 1984, the City Council granted approval of a preliminary plat of the 17 unit Planned Residential Development that, designated the building and septic envelopes foreach of the pads (hereafter referred tc as Development Plan). Each septic envelope maintains a minimum 20 foot setback from each building envelope and the boundary line of each pad. Each building envelope maintains the approved building setbacks as follows: 35 feet for front and rear yards 25 feet for side yards; and WHEREAS, the Development Plan has been found to meet all standards of the Planned Residential Development Code, On -Site Septic Code and all other pertinent sections of the Zoning and platting Codes that deal with the rural development of property within the City, so that each pa6 can be developed as a single family residential unit without the need of variances; and WHEREAS, the subdivider has completed all requires -I s of the platting regulations of the City, including: 1. Dedication of drainage and utility easements. 2. Dedication on the plat of right of w4 'or a puhlic road n as Hennepin County Highway No. 5 3. Creation of a new private road shown or. t;ie plat as Outlot C, to Le known he --forth as 4. Concurrent wit I creation of this private road, the Subdivider has G, ated to the City a Toad and Utilities Easement granting to the City permane• t access, improvement and utility easements over said Out"..c; the Subdivider has creptec'non-exclusive in, ress,egress, drainage and utility eask. over said Outlot in favor of all abutting anti/or bone• lots including a declaration of certain mainte._.,ice covenants wherein each of the abutting and/or benefiting lot owners c-)v-enants and agrees to permanently maintain and pay the cost of maintenance for said private City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5. Dedication to the City of a Flowage and Conservation Easement providing for limitations on the use of wetlands and drainageways described therein and shown on the plat as "drainage easements". 6. Dedication to the City of an open space easement over Out lots A and B to fulfill the density requirement for 17 residential units in the RR-lB rural residential zoning district requiring two acres of dry contiguous land per unit. 7. Creation of private covenants restricting riparian use of French Lake and the use of shared commons area. 8. Execution of a Subdivider's Agreement providing for installation of certain improvements as a condition ;>> subdivision approvr.:. 9. Payment to the City of a Park Dedication Fee in the amount of 3,400.00. 10. Payment to the City for the legal review and f i ling of the plat easements and covenants in the amount of $100.00. NOW, THEREFORE, BE IT RESOLVED, th,:t the City Council of the City of Orono hereby approves the plat. of French -reek, Hennepin: County, Minnesota; subject to the following conditi ns: 1. Access to all reside^ce pads shall be via the plat road. 2. Subdivider must stake all drainfield envelopes prior to any land alteration. 3. The aforesaid plat shall be filed by the City 4. f Orono with the Hennepin County Recore, Off:ce on or before April 29, 1985, together with . certified original copy of this Resolution and executed copies of the easements and covenants noted above. The approval granted by this Resolution shall expire if the piat has not L-aen filed b• she date specified above. In that eve,i" it will be necessary to file .. new applicatir.n with the City of Orono for subdivisio. • ^view. Dated this 29th day of Cctnber, 1984. ATTEST: City clerk Wa-yor WILLIAM D SCHOELL :JAMEra R ORR JACK T VOSLER HAROLO E DAHLiN LARRY L HANSON KENNETHE ADOLF THEODORE D KEMNA GERALD L BACKMAN CARLISLE MAOSON Ms. Jeanne A. Mabussth City of Orono P. 0. Box 66 Crystal Bay, Minnesota 55323 Dear Ms. Mabusth: SCHOELL S MAOSON. INC. ENG,WEEPS • SURVEYORS • PLANNERS SOIL TESTING 2) 938-7801 • MC NqV rH AVE SO • HOPKINS. MN 55343 October 15, 1984 Subject: Lot Areas in Plat of FRENCH CREEK for Ned Dayton We have computed the areas of the lots and c..!-tots it, the above reftrenced plat. The following is a tabulziticn of these areas: 1) Area in 17 lots = 1,126,026 squa feet 25.850 ,cres. Area in Outlot A = 63,135 square feet 1.449 acres. Area in Outlet B = 296,00,E ;uare feet 6.795 acres. ( above wet i -+nd contour) Total k,485,161 _ -quare feet + 34.094 acres + 1) Average lot area 87,362 square feet + 2.005 acres ± 3) Area in Outlot C 172,566 square ieet 3.9615 acres (road easement) Total 1,657,727 square feet 38."r` ores + 4) Average lot area 9/,513 squa L fea 2.t acres ± We have also located the drainage -,rhich enters the property from the east snd provided an easement '_ir same. Please let us know ;f you have any f,r"her quests ns. very truly arcs, SC"PkEt L 6 MADSON9. INC. Ther'�re D. Kemna cc: Mr. Ron Hastyr M.-. Ned Dayton L1; LIST OF LICMSNS FOR COUNCIL APPROVAL FOR MMNTIMG OF October 29, 1984 Temporary Trailer Parking - November 21 to December 4, 1984 Navarre Congregation of Jehovahs Witnesses Setup Permit - Art Center of Minnesota Holiday House - November 27, 28, 28 30 6 December 1, 1984 CITY OF ORONO GENERAL LICENSE APPLICATION Name of Business: til J't Qs2 _ Afylla a f Jti /&VANY Date Issued b✓/%Vc'Tir c P/utcipal owner: RG A30t Dam Expires �..Aay.`II w � 1,44 a Opl_61 a/ Slate Licente No. As a condition of receiving this license, the Iica see .hall furnish the City with a Satisfactory surety bond. and liability end propMY damage insurance, vrhM required by the City Code, and small have complied with all the requirements of the City of Orono, per mininq m the pwticulM type of aetivltY w business licensed. This license, is nontransferable. r�-y KIND OF LICENSE am ,yTemporary Trailer Parking S ❑ Septic System Installation and/or Pumper i ❑ Garbage Mauler $ ❑ Residential Kennel $ ❑ Commercial Kennel S Total Amount Paid to City...............................S Lenoth of time trailer will be on Premises : K/,-Jy/ 21)IGi&4 To b6-C yr livl No. of t.ailers / (520 per trailer) CITI'of II111II/N0 e o Box" CRYSTAL aav, MINNESOTA 55323 (NONE a)l.»a) White — File Copy Signature of City Official Yellow — Licerme C:TV .F .,L Tay, AAAA O�d� �0/ r J:9 511,5 li1J :70/4446J •:"4'�.'t IL 31 27719.52 L55. 16 . ���. ye 12 37^43.35 IaR?*44 17 ;: •. 31 12772.13 537, 53 3Tbr .: C4 41 41 1 _3 112... a i':Kwt')S JF 42 M26.29 1'46.24 J P. 19d6T_a J] 31 25c35.14 1145.47 '41 %1 :? ?2.15. 1 ': 31. 54 ..COUNCIL KS 2% 'J y1 2J45 .'S t7. °:CKS:'. •.a 31 23341•A. " 34.45 'a: T 2L_`• .,T 3. 25541.'4 1 17.4-. OCT 21 -CITY OF 42 2'i9 ^T •r+ 1: 51 .03 31 24776.22 1:17.•,". 12 1511607S -2 _ •:9 :J 31 4726.52 135•.p 1t93.72 77.rS p_.:C4 •J 31 2 :75 ✓4 12r•17 13il9i cJ 9' �13a .'r ' 11 yy 9•.6 Fr r1 7,4 hS.52 '.17, 6.1 Plur f -4 T9 15 2f117. 37 1f 35 .'� S JC +; 1K66s.,2 774. �m _ J.Tw J: 35 24494.t' ,. 74•'•3 4.144.S La :- 21194,*, 1'•11."4 7.".JCIr\_ J 31 11794.J2 ' 1'.•_ (n „.S FT 61 1659:.55 1:.45 •L 11 19 C4• a 56`, J 3-+ ni 13 33-1_2 - "- )1-+ L: Si 12159'' 54:."3 e-Lvr9 rd !1 ?35.76 7C:'So'4 SC 11 2?V41054 1:170 s: ,.>_n$J. °J •S o1'3.f6 41. 75 LLCJ JC T1 '1494.52 ,.:/7.47 -1 J9J iJ 12 2? 46 ..• A1,41 JU ::.I JA a2 2_'41 .1: 176. 71 17TCA4" .E 41 26%a IC 0'3 S4SS JJ 42 142S•.69 K3.5.3 iCLL.r0 CIA 93 1021.+1 3.43 S'.- L J1d: r9 a ?I.7?, 3." iv°..I ^.5 42 1,227.h9 °29.-6 MEETING �' ORONO C:TT of .Ii. V V. . . CNPL^ NO 4S ::1_ :4 G:+^1S • 111i v1/=LUA qL il^. ee u3 1633.+3 ..J S9:TI JR 42 /:v J2.19 '64073 ST -h F:'.'44i .319*51 '126.:.' 6.1 Tae :r 1> 9433026 431.25 T7aCZTs "r 51 71060.14 1:17.'.1 Chu AT S'.'.^ 3+. 3:4.1_ a vAIC .:"Aa TOTAL '. 57 TLC-L TOTAL T:':A T.v :+._: • 1494?;./1 E"=LJTE33 FICA A + 0 3UP 4{XT4 P a PMTSIC;LN'S N::LTM PL-• C • FLUE :: 7 S113.J: Stir: Ll 6 ' N'::C:L C.%".c 'L-' F = C:':'9. rr:L Te UP. 4 : TANS-4h-P.*CA :7C. I P-NNE'.S L:cP J + AVLAL +ci C:-.: N + "UT'JA1 iF 116+- L = LATL C"_. 13 1--1-c IT / s L: T'.L N = nIC1LL7.1 ::TLL = L=FJU: 1F C:TIES L • M:ALTP [+c 41:NT ACTT, P:13IhG N.qa C-^)C +JR *OP: fq'L13 C:TV LF ,.:. I, o a T R ia-. 1-Idl T-T-:. - - . - - - NFL -Nu 33ur 0TV U4 SS aJ35 EVC/ALL34 I 4230S T 11 2133.5C 21 J.35 R L:LER rC I 2526.8C 252.55 F23HP 11 2103650 211%.55 046EM J 11 2103.5J 21-3.35 N 3N rLPrI J 11 2103.50 217.35 F94•J 'T1Ji .09 CA:C ..''CS T)TAL iS1'!5 T.T.L TOTAL FI:l T+V r .0' Eb' LOVERS FICA 3 r C:CLF wr ALT3 N r PPVsTCTA395 N_S1TM PLAN C • RLLE Cij SC/t+LUF SNIELO V P'J:C-L Cc4 TE=. Fla•. V FRUOEAT:AL F • C:;'L. iEAL'N CARE O • M:14!:v TA 4Y1 ra Tnu43-:1EF.:A OCC. J a rUll3l 7EPVIL _ N • MUTLAL 3F olABA UFNFFTT r . AETAA A r hiC^L L:T =I TLL . r LEAoUE 'F C:T:EI Z • ht4tlr CAr_ NA:MT ACCT. M:JSIRO F:^b VICE FOR 5)ME FNOLTS Iwa em v lewf • atte N. Yf[ • Solaf 10MIY MM4 10I2S1/4 SOlOUf 10125II4 t 107006 tolastel "300f t01ella ry)all 10115Ie4 "",1 lOPil Pi, 101441 10,1518, 50).41 Minor, l/1041 IOtrSPI1 301611 1012,184 Musa IOIts1I4 ' SO3,80 1012SP04 NNW 10I15Pe4 mull ICPnfe. les.el I.M1e, w1Yss 10I Pet )•s.A1 1.1211e1 NSI00 1o1rs1e4 SUIlla TOMM4 Cates 0941s1911 le.x•.sf r1K , • 1Rluor KeM Ir[O KiCOa TIM KLOOOr [o. IO,. 1 P.O. • optw[ 10.00 KO t�ses IOC OM iM•L)[i O1.at10.wF1! 10.26 Aa0•RIOKYTA INC Oa I Lin al-Allwal-tf 10.10 KOFOIWSSA IOC OK sLIlrlia 01-4210.000-ts 10.00 ACOWplatwtl aC err sa•Lltf Ol.1r,0-uf. )s Is." Ka1•RIOOti01A INC OFF SNOPLIES Ol.,ttFNMt 10.00 . •.—af ICAO .ntucLO SK[OT cl, rerslmL 01-4322-119-11 0.10 N.,, APlM[ PaCS Iwi wt 1a a1.11)I-I/1.11 13.09 "AMt WI at$ Ml sup el-4231-111-11 10.00 f.KRE Pass "Oa at No 1t.42/1-541.fl 11.40 AMOK $Los YCf YI SUP /YLe1/-Y,-11 41J2 A-AC•t me was at SLIP R-,tll-p is t,3.fo . I21.Is SANTO% 2110 a Y SLasNOUCTYNS IL1sa•ff1•q 1r),I S . •.—u/ 15.00 aca L-MINTING-MINTING •.Tonal a1.,)rr-111.11 N.ZS aROaLIN Ia Mi•TIw MlGral [1-UII-tT,.!! t01.iS 17.01 DROPS -.0te aK SUFVLus el-ulan,-)) ".as . ••—u1 Is0.11 1Ual a Cansa INC ST %I SUP a1.AI53.111.41 140.71 . ..—ca S1.111.11 IUrrALO O!TURIWS sT M SUP [I-11)3•n0-42 1.911.10 SU11I10 VILIR1aWS SCauoaliw 11.1112-3s4•00 )1,a1.,1 . •RYAS 2.e0 CASE rOKR a [Y[P MTfI[wipPACCESs 01M03t.t,1•,1 r.w ••—c.s 16.28 Cwty mottsrTs IRTotPUfL 0N122.,1&00 waI . a7�� _ :.EL::.Il:Av�^2l'T.:A<z.t^_' .. d^- R.` : .:. _ _ . _ ',31Ry..e�,�••r __ • /904 CITC or HOOD CNICN ACSISTEA 1bl O-sl Pass 1 • CHECK MO. SAr1 AMOUNT rrMOGO ITEM DESCRIPTION ACCOUNT K. Iao• 0 P.O. 0 sgs/K • ICING Iffism 10.00 ACOMOtMO01A INC Mr SUPPLIES Cl-421o•39.11 101006 10011104 10.00 ACAO-NINESOTI IOC OFF SUPPLIES 01-4219-810-14 I9300/ 1s1211sa 10.10 ACAFNIKESOTA IOC OFF SUPPLIES 01-4214-0160-11 a• i2O• 19122188 10.00 ACO►PIM"lk INC OFF SUPILICS 01-42/0-In-ll • Kttnl IOlISIOa 10.00 AC00-PTM[SOTA INC OFF SIAPPLKS 01-4210.24/-4i 10.00 . + 103an IGIISO14 also ANEAICAN SPEEDY CT0 PN1a/PWL C1-N21-ub11 • ".So ♦ uuu •.KM • MINAS 10I2//94 V.IA APICA[ Kos ass ANY Sw 01.6211-099-IF 101049 1811/gA 71.00 Ana[ also GOES am? SUP el-arlb.fF 31 IOIYA• toltsm 10.9I APICN[ Roo "as MI UP rbarJl-Sab01 NEON 10121264 11.40 APACIK BIOS ass Oar Sur tYaifhll0./! SOlUN 10/25I44 Go.1r A•ACNE $LOS Was MOT Sup l4-4231-96-9I a 243.60 . ...... ...-CNS N IOIUla 1D125/04 R5.11 OANTOO SAVO a N SLOSWAOCTUA•S I1-4120-1/0-12 • Y21.1/ • • TU 1+so 10/Bl14 I4.UC APEDNLFN •MINTING nTgfmt D1-N22-12r-11 To }I00 R fo/let 0f .r AADonr[ -MINTING N1rfIPWI CI.1lR-1rM17 10P.:s . a Usk 11 ICIISIPa 11.05 "ROM ."Ore OFF SUIPLIES el-ai10-17M11 12.0, SYMq 1.00114 I80.11 OUA1 a CAFLSON INC II PNI SUP 01-4211-I4b42 IC,+1 •.•• ..•-CGS Sa..1U01 1DOW14 S10F1.91 BUffALO P•TUAIN011S $I our &UP [1-4E33-ra O.A1 JUW69 1•I0414 1.913.50 BUFFALO 01TUNIMOUS SEALCIATIMO tl-aSu-Jla-a0 fY.OMY,aP . • I61100 10/15114 1.91 CAS[ PGCM I COUP nfsICSUIPIACCESI 01-4232-2/9-48 1.80 • .••A.. u..Gq IU1N0 1GIZIP14 9I.28 CWPIN PUNLf SPrW PATGPFN 1 4I-412t-4t"a • 90.28 . .L 1ON4 call, O/ "of CKCN AMSTER 16-11-04 PAK 7 CRICK tn. MIS ANWW TEROON OVER KSCRVITM ACCOUNT N. Sue N P.D. 1 MUSAK • L. NO OUT WISING 0.30 COLONIAL LIFT 10 CID 11EA ITN INS O1-4111-176-01 Nestle 10025114 11.00 COLONIAL LIFE INS CO KALIM 143 C1.4111-101•H 41.00 . C Julio 101111104 1tl.11 COMPCPOIAL K00 ANI JANITORIAL SERA 01-434 -e".1I S011 It loin all 113.60 COMMERCIAL K04 PRO JANtI03IAL SORT 11-4541-1z1-31 611.30 ...... ...-Cots ' 1413141 10025016 114.33 con our PO tNC Off SUPPLId CI-4210-031-11 IIIOU 1071S/14 42.31 Can our PO INC OFF SUPOLIES 111-42/0-040-t3 365142 10129154 1.I1 COPT 0UP PR IRE OFF sunup C1-4Z10-0S9-14 "at 41 IU023114 4S.94 COer DIM PR INC Off SW.Tcs C1-4214.069.11 303147 t0ini14 10.11 CAT our NM I SAN SUPPLIER CI-4710-111.31 a3/42 ID1n/14 1.33 C.PT our PN I OFF SUPPLIES el-4210-120-31 Nil42 tollS114 $.As CAI OW NO IAC OFF SUPPLIES C1.1210-ts1.3I MOIRA I0/7fiI4 111.z0 CORI our .R INC OFF SUPPLIES 01-4710•I/4-31 303142 10125I14 .61 CAT m1 PR INC Off SUPPLIES OI-4ito-7N-4i mail? 10111164 5.21 C^PI our NP INC Off SUPPLIES I1.4ZIo-461-aa 303147 lolls/IA 3.11 ta" our PN Ic Off SUPPLIES 12-4Z/0-149, #1 3ER I48 1012SA4 $.1I Co., OUP PQ t%C Off SUPPLIES Il-4l10-S41. ri SWAT 10iz3/94 .11 COf1 OUP PR 14, IPf IUPPLIES T3-47 to-14P.17 s T1.Nz ' ...... ...-Cgs 3031% 101ZI144 11.60 CULLIGAN PNT OLON1ANUf C1.4143.011. 11 11.30 u u.. ....Cgs MO RS 10 on 114 1/.40 all alarm: BITING c0 BEEN OUR." 14.4 a ts-111-91 SIM ...... ...Aces sU1Ul 1e1n114 27.11 •EC-01T CHIC NO Off SUPPLIES Ct-4210-ON1-1S "3114 10011/14 17.46 stc-otv ATTIC NO OFF SUPPLIES IZ-4210-141.11 b3114 10/tlZ44 N.11 PEC.OIT OITEC H Off SUPPLIES )S-47tY S/1-R 14.30 •..... ....Cgs 3U 31 NI tU/a184 n.to CAST SIOL OWRArE MEER PURCM I4­4611-I0a if zr.t0 ...... ....Cal AN lU ITS 3afnleA I1.^0 'Co •ANN 13TIs SE.I -ANOICAPPIo MAro•BOM 11-1740-380-CO 95.00 . • 19111 criv M M•IO CMCCs ME97ITCM 1f-2 a-s. PS•[ 7 w1cs N. UT[ AMOOT Tc no ITEP DESCRIPTION ACCOUNT ft. 7M1. S P.M. / as{a" • 10871 10/12/14 1.40 /LfMal1 WATERCMC ONT eLOG16905 14-4343-H4091 I4.40 • ..u. • ..»CR3 • 107219 to/aS/81 0.50 61MUL Sll.s ON? AUTO 22-1511-111-11 D3249 10/25/11 N.SO GRUEL SIGN{ "I AUTO lT-alal-Sla-VI 10.1. • 30877 10021//4 T.00 SOLUCN VALIET CC CM!/SCHOOLS C1.4ISS-17S-71 ?.Do . DBSe 10121114 269.29 G14UINC PORTS CO EGOTr/PTS/RCCESS 11-42I2-249-61 • 3072S4 10121/11 5.12 SEM1f ME PORTS CO LNU[P/Pi SIACCES/ 21-4112-190-93 104.30 . D 8'.A 1J/25241 29..0 GLIMV000 :14LEN00D UTILITIES C1-1521.019.+T • 21.10 1.• IMS/a1 111.10 ; a X SERVICES 01-4221-241.42 MINT2 D1272 w/21/1a 40.TO C a . SERVICES STA"I SUP sR .MT 01-4151-ta1-12 D72Ia 10/a5121 C A v &IRY'.Ces POT OLDGIGROI G/S C1-13I3-011•II DS21a S.00 S.60 C A O SERVICES FT 1LDS/WOS C1-L!a1-01P11 b1272 lin1/11 S1.55 C a O SERVICES PET PLD:2GP3S CI-1141-121-51 DItri U125/11 21.15 0 a . SERVICES YEILT}Sa .Pr 22"tS4.Sa1.11 Susan 13125114 e.1a A a 1 SERVICES VIIL STS NOTSMO 1U/ I2-It51.SN-11 D32/2 1012SIN 1012S/Va a.Il C A 1 SERVICES .NT {LDt/W DS J2-1111-5I9-9I • IG 12/a 10/2511a 3O.41 E t 1 SE.YECCS v[1R[MN APP I3-12I1•S1a-12 1Y1212 1012S/S1 10.51 a a X 1TRVf CES UTIL STS AT SUP IA1143 S%O 1l S1S2 II IORS/11 1 A v SIRVSCES PAT ILOG/G105 15- 3«II II IJIriIH 5.00 1/.50 0 l X {ER V'CCS /EARI.i oP eaYSea-S7 /1.H71-Sa0.a1 $N.S0 _ ...... ....COS 5UJ200 ID/21124 1M..1 «ACN CMI.TCAL CO UTIL SIS -Of SUP 22.12I4-S10.91 - ee.0 1011e1 10,212e1 101 ..My$ PO?AIO COI, CC«[ •[SOLE rL- utt-510-5T 1.I1 . 0 %3291 IU/IVH 4.91 .nLSN/OOIDTMI cow MOGULS 01.1'54-040-15 1r.:.. /104 CIIT OF OOONO • CHECI O0. CATE 301291 10/29/94 31711? 10/e1114 L rl Jol la/tsna Jolla@ 10/ISIe4 U539/ 10/n/e4 mills 10/21/ea uu A. w1ISS fO/nlea Mims 10/zana 0 wisp? IORS/Cf w1lrr uIn/ea 14100 IUI?IIPa w11@O I0Ii1/e. wJ•w to/nna c Jos UJ to IIf Ie• J.S•JU 10/11/e4 wlaw t0In I1• • CHECK REGISTER A11rMfl TUOeo IRP DESCRIPTION ?.a NALLIR WGROTNT MILEAGE 1603 . 40.00 WIN CIT CNICPS PTAC cup/SUCKS a{0.00 • 41.00 MCY CST SNCRIPP OPT EWIPIPISIACCr SS 166•33 OEM ITT SNCRV/ OPT NNT RISC U-IP za.11 112.00 PEON ITT PAEAS PRIS/PUSL CIz.00 z M.SS N[LKER IN0 CLECTATCS EQJIP PTS CCCSS 736.53 41.I1 INTEISPATE MATT/.: COUIPIPTS/ACCESS 49.15 reT.1a J[KT SERVICE MIT AUTO ???.Pa . 11/.9 JIMS AUTO SUPPLI EQUIP PIS ACCESS Irz.il JIMS 1UIO SUPPLY EQUIP PIS ACCESS 20.12 . 11.00 •tL00-KNI+ NILSFLUIES 5.00 KrUONEIVIN MILEAGE 22.30 5.51 14. LAKEII PArclvu+L N. 1? • 10.J0 LTr[AICLGER PM MLOGIOaS w J0- LtAMWELS0 III ALISIGIOS 50.30 LtNOEWELSEM PIT eLOGIGAos SOJO . �I 1C-29-84 PAGE a 'I Accsu+r w. tNI. @ P.O. @+cart CI•41e1-040-I1 —aS 01=-435O 110.31 OP•• z Si-1 S1- l l OI-4342-111-11 C1-a1ir-OS9-1• R-aiR-sa0.11 O1-azlz-lN-az oI -• J a1-rat. • z ft-az 12-1z0.1t al-azJ:-x1-•i 01.•iM-Ii0.51 CI -a In-f z1. 11 n-. uz- Jn-0o n I••SLS-0M.11 01-a S•MON-11 [I-• lu-ors-n 1191 CITY OF nms CPECN Rb2STIN Iwf.N PANIC S • CNCR R0. DATE ARMAT OENN ITT" OTSCREPTIN ACCOUNT NO. IRO. 6 P.G. 6 RCSSIK • M3633 10/I3/44 119.2/ LO9t1 NASA SERVICE-SEPT af-AM-NHS M34 15 10/I1/N 6.2O LOOTS MAZER 104 USELS 01-4!53-011.11 miles t0/211I4 MS.51 Left$ DATA PNCESS-SETT OLUfYNMtf • M363S 10I21/14 310.0E LOf IS UOSIIILP SITURIKO 1{-65{0-619-00 38161S 10/21/54 506.00 LOOTS we 212 A SI 11-4510.62F00 3U)61S 10/I3/1`4 11.34 L06IS AORLN ftowlet-6EPr 12-{352-5{9-91 • 1C1655 IO/21/14 it.91 LOGIS OATO PRICIN-UPS 11-{Nf-R1-91 30361S 10/15/I4 n .30 LOGIS "PRO SIROt CI-SCPI /S-13fl. S19.92 30343S /0/2s/N 24.1? LOGII DATA FOOCESS•SEPT H-{71Af19-91 • 1.111.e6 . •••••• ...Cgs • MISS? 10/25184 S1f.66 CITY Of LIPS LANE Olt RENT 01-u12-121-31 611.4 . • ...... ...Cos • IOJ{W 10/t S/11 3.03 LODELL AUTO PARTS IQUIPIPTS/ACCM 72-1132-569-91 30361U 10/25/14 S02 LeVELL AUT9 PARTS Ea1V PIS ACCESS R-{11I-St0-q e.ol • 593641 10/23116 07.3O LING LANE TIME SERI RNT RISC EUIP CI-4142.219-42 M 1411 t0/23194 13.4% 1.4841 LANE TIRE $CRY "MY .:Sc CHIP C1.4342.190.6t • 111.31 •••••• ..•-CES • 30342 10,21104 SSO.OS 0141I4S iA1AR4P 46 PACT Auto CWIP CI.{1{1.129-11 A3161 10/2)/16 3.0111 O0111$ NAVARRE 66 "1 RISC COUIP 21-4362-SIG.93 • 561.31 ..••.• ...Cos 1,3113 10/23Io{ II. on.94 .CqO WASTE :9NTROL Nov Plc[ 23.1282.000-00 303410 tJ/1S/f4 1.616.43 .;NCST ASPWLT St ON suph,rrt Ol.{l11-1N-{1 1.44.0 .... . ....ENS miles 10/21q4 14.41 ROLI OXYGEN CO PVT RISC E4KtP O1-4312-129.31 • 343461 10125114 ?{.So OPLS 3910EN CC PVT RISC EOUl. PI-1 S12-269-42 31.91 . SUMS 1O,15164 31.00 Film FIRE tic RNI RISC tout, 0I-{3{1-129.31 1 31.)0 t-ram--- • 111141 c)tv or *1m CHECK REOISTEN 104"4 OAK 0 emm elI Mte ARMT VEMOCR ITEM OESC.AtPTIM ACCOUNT M0. Ise. I P.N. / epsAsc r 3E3109 N/2sto* 10.0 IN 0CI1 rus 9AFtTT OFF SUIPLIt! 01-4210-121-31 10.00 sunk: Iciastel 11.70 MOIL I A/INSCK MSROERSMII CI-4390-039-12 11.10 . ....•• .• -CR$ Jessie t0 II1/1A 1.61 M11 OISf C0 E111.P Its ACCES 74-12s2-sv0-93 9.67 . ...... ....Cgs waste 1ol2fte4 13.11 P!N solA sue News POTI/PUOL 11-1322-711-00 Sulf26 1llls/v/ 71.99 MINNESOTA SUN NEWS PMTeIPUOL 11-4322-401-00 su1S24 1012511, 11.01 MINN[SOTA Sul %EOS PRIG/PONE r)-1112-SS1-17 - A1521 IOIlVI. Ir.01. P14I30IA so NEWS PRTsl Pust 11. 11R-SShO 301126 10121/NI /1.11 MIM(IOtA SW YEWS PRU/PWL /s-1 s22-fShH A/.q u.u. •. .L'RS SOJS74 1Uils_Is. 41.4 MOTIROLA INC .11 .ute Net-UN-7A v-11 1C1171 10125124 ".to Pot"MLA INC M11I auto rf-A )I1-fN-H 11cn0 . •••••• ••tinS 1017a 10/r1/sl II.Zs NAVARRE AUTO ligto ONE SViI ".1711-124-11 miss 10/21/11 900 411ARAC AUTO REPAIR MNI MIM EW:P r1.4142-f4h91 lOsfls 10111/s1 11.0E LAVAIRE AUTO NEPAIN MNT 411C EQUIP rhA1A2. Ss1. v! 11.15 •.•u • u.. CNs Alf As Ib/2s/I. 49.16 ■q&Age MAROSA.E Of' suML:ES CI-4110-O40-•7 70)I4e 10/1s12A 14.21 NAVARRE MIRCNAAE BLOT/ONOS Phi SUN C1.4211-019-11 fO1f44 1R0151e4 16.41 NAVARRE M.RONA.E tout, ITS Accr, 0b A112-11h 7/ 1111Ms IQlisle, 11.er NAVARRE MAAOW"r Ee1IP ITs ACCE/ C1.4111-24v.42 33i1Ls iu lrvNl 13.4/ RAUMNE-14044ME reuv Pis •cc's rr-Lt s2-sLN-11 105544 10la114 11.11 vANARRE-ARONA.E EWlP PIS ACc•S II-12H•5/1-11 less.e IvilslsA 16.e1 AIVAAR. MIIOWA.E EQUIP ITS ACCE1 74-41l2•slh ls r02.42 . O mis11 IB/11/14 A26.16 MSP UIILIIICS 01-481-2N. 11 e11.1e . • • IRA CITT 9P Me" CANCER *[SISTER I[.19.44 PAGE r • c«Ee■ GE. DATE ARBYRr VENDOR 1Tu BEURIrnoN AccOUN R1. nr. 1 N.A. A ,Kur[ • SY31/0 10/11/44 19.30 4001NYESTp1A SELL ICLCPNOYC a1-ttt0-SIS-fi SORT 10/n/1f f1.H BELL THE*NOS[ /I-L1i0-SIS-9a • MS11Y 10/1s AA S.39 WINTAK3TCR) MAIn Y[SIGR BELL PI-NZS-SIP90 ' L3570 10/15Y1t n.11 NOPT91R3TCAN BELL TUEPWNE TELCPRON( ri-Ui0.ff9.9t 3035N 10/25/14 39.11 AORTMY[1IINA BELL iCLCPnOR[ 11-f 110-SAP* C. /P.fi ...... ....COS T 341597 10/35/91 2E0.26 PEAR KRA 9o11 TO 100/ 01.4I41-039-IZ MISS? 10113/64 it.]1 M_U KRA 9/21 TO 10/7 at.4961-040.13 • M3591 10/15/14 A.SS PENA .Lfl 9121 TO 10/r 01-4141-859-14 misty 100110/4 ".So Pro& KRA 9/Z1 TO 1001 01-4I41-269-15 0319? 10/n/14 11.r2 I'll P RA 9114 TO 10/r 01.4I41-999.11 • as"? 10/1//44 ,.t 31.10 Pr PA K.. 9024 TS lair 01-AIAI-111-31 30359) 10/11/14 33.11 PrPA PER ♦IZt To 10/9 CI-4141.//9--31 303597 IC/13104 i41.03 .•NA Kt, 9/I4 TO lair 0/-4149.111-31 • IYISSr 10/13I44 S66.14 KRA PIN 9/23 ID 10/I CI.AI 1T./3A.31 MISS? 1011519, SASS PIRA .1 Ra 9/Z4 TO lair Ct-4119-139.11 Lasts/ 10oi5/I4 top.5) KRA .C41 9/1t TO f0ir 01.4 141-1 F"JI • 111191 1U/isCH WOO .I.A ArAI 9/24 TO toll 01.4i 41-249"1 105591 10/15101 11.05 AP.A R:11 9/24 TO 10/I CI-4141-190-4/ 50139r IU/15o1/ 1.14 rrRA .rAA 911, 10 to// 11-11A1..Os-ac • Lgs9r luiit/11 ISO.12 PIP. 'IRA toil To t0// 11.1161-its.9c NJ H/ I6in/96 IiS.B1 PRA KRA 911, TO 10/r IZ-414t-S41-91 NS1s/ 1002111l loo.•f .•.. FEN. Sri. TO to/I 11•a1/bSN-9Z • 1101511 ICI15o41 ?.it rrRl AIR. '0?1 To loll ra-1111.190.93 Z.939.51 . • uu.. u�Gti '. i 05611 1L/21/14 Z.ZS PrAa,$ off. AOC. SI AUTO Pfl cI-1Jal-Z10.Y1 I.il . S1N1i 19/rt/el •,.A? Arab NCr OR1 Orr SUPPLIES ",1•4?10.119-11 9 TART . ...... ....... IU1*60 IC/lilf, llr,!0 dolt REOJIS.IM RIAfoUOS NSI ra-4 14y190­91 ...... ...ACAS 101e6i Ia In/ea %.So ACID CAR11 A TOBACCO CONIC RESALE R-48:1-S90.93 • SA.SO . ...... ...Cos x30W 1U I15/.J 540.10 SATr_LITE ISO ISC IONIA REIIAL CI-1331.110-11 3 ....CAS 1914 CITT OF am@ CNP.Ca REGISTER t[-19. 4 PAK a 7 CNECR 44. YT2 4MOT KOCON ITEM OCSCRPTI00 ACCOUNT f0. IOa. a •.O• a P1ssAK • 305111 10/lf/f1 11r.46 ST2YR1 tANOMICN INC CONC RESALE /h 41G7-510-11 1fL N 103/S2 10/iS/84 494.74 SUBURBAN TIRE INC [0111' PIS ACCESS Ot-4111• 121-11 I0SI52 10/2S/E4 300.0 SURU4440 FIRE 111E COUP PIS ACCESS 01-4212-241-42 093.56 SWIP4 10/21g4 4.60 1N04[ GIST CO BEEN PURCN )h 4411-110-15 14.40 r •••••• .. wCRt 103111 10121/84 101S.00 TAACI OIL CO 2LINC I1-1160-000-Ca 2.235.30 f 5G1114 10025014 UNIFORMS a4.1Pi TEO RCaNIK APP C1.4221-IF4-14 1N394 $42.65• 542.A5 UNIFORMS 0Ua1A4 AN O1.4271-IJh I♦ [ 115114 llf21/fl 10 21/a. 1S UNLIPIT[0 U4IF0RPS uNLINITEO RLNNI Yf ff$ f1-4721-t11•I4 Y1/q 10/`f/N 260 s0.00 UYIIOut uNII NI TEJ SM1CA CNfO 01-4199-010-t1 nzft 2 I038-0 101211-81 60.".0 U4I1[NSITT Of .144 CafF/SCMcCis 01-4154-24 -42 M3020 1Jfsn4 620.11 TIRING ST_CL PPOO ST Not SUP 01-4211-24b•: 410.11 . ••.••• •••-CRS 161414 IOfsf4f tot." WALL SWEET Ja')RNAL SLB$CPT% `O 11/9/6S 01-47•o-a1-11 101.30 w lfs 10/11/11 77.10 {ARMING Lifts :AC (QUIP RENTAL. C1.1111-24A47 21.10 ILf.1t 1..2♦n4 1,1 P1.12 HTtNN•QTl CF TMTCRGa1T $[r 1 R-4111-541-11 2.112.11 ...... ...-Cal w 1115 t1/s1N •.41 Matto Ik rQUf./FTSIACCTSf 01-4211-141-4J iMA CTT9 of 44000 C"ECK N0. "It VASSAR Ml9&r 103941 03949 1019so 1U19S+ lUl9S2 W 39S1 K2eSr Kris? KFISD KrISI KF119 KF1&O KrISC KI161 Kr111 Krt6l KFt91 gnA2 Kr 165 .Mount 9.&l A 116.09 fio.7o Al1.YG .D91.76 . to.e0 Ia.Ae . S i.f1M00 1 v.SrS.70 1.00 If0 •o0 1 S0.0o u.n +sD.ao 1so.00 . MICR MINISTER VCWOR ITEM DESCRIPTION AUT000N IND CUPRIMS DIESEL SALES "ANSWER 34MC16ASKL 0 A 0 CONTRACTING SE PAUL PIONEER CITT OF ST PALL SNIDE* PUBLISHING CO THE WINE SPECTATOR [QUIP ►TS ACCESS OTHER [AUTO R"S STRUCTURES SAW UTIL COAST PERTOCLSOPUBLICT" CONS/SCPOOLS POORSIPER[OICLS AOOaSIPERIQOICLS to-zr-u rut 9 ACCOUAT W. INS. A P.G. A MESSAGE 71-4212-119-12 t4-4540-636-00 i3-4f20-3G9.92 41•4511.410-00 Dl..zw.t a-11 01-USE-tit-11 cl-&:&D-m9.12 ..—Cgs to/tslG& 159.51 OUALItI NINE LID PUPCN )bH•0.f15-9G PANUAL 10/ills& II.11. QUALITr AII1( LTG DISC 71-4111-SIS-9C PANUAL S&1.40 1G 125/84 00.00 ROOT SWILLS RAO SIGN OSe at- 2!Co-o00-00 "DUAL 0.04 +G1T/1N I. 9".61 441663 COOPER LIN POACH FI-4810-511-90 "ANURL To 12$111 AD.Or- GRISCS CODPEM LIM DTSC 21-4111-113.90 MANUAL 1,9Sf.f& . IC121ls4 2.4/0.S4 QUALITY NINE L10 POACH 71.4 910-515-90 MANUAL +0/=5/44 19.11• PIALITW NINE LID DISC 11-&11bf11.90 NAM,.L 2.411.36 • IC/E1184 1.469.12 ED PNILLI-S LTG PURC" 11-4110-SIS-91 "NUAL l0/B114 29.02. ED P-ILLS-I LIG DISC /1.48++-5I5.90 MANUAL IU/2Sn4 I.214.22 ED PHILLIPS NINE PUNCH n-4II2-SIS-l0 PANUAL 10/11144 24.041- 10 P"ILL1PS HIRE DISC 71-4611-Sts." MANUAL Is91.9& . ILIZS114 2.391.00 -IL"RDOA CONS? OLOGISTRUCTRC 11-4520-111-20 MANUAL 2,393.09 . tOR1/S, 11.10 POSTMASTER PCSTAm 01-4S21-040-13 PANUAL c 1a6 tlTT M 00a0 G CHECK Me. GATE L KF164 KT164 MCT 164 KCU4 K2164 PC? 164 KF 154 KI164 K/ 164 Kr 144 KF 164 NCF164 KF 164 "Cr 164 Kr 164 KF 161 PC? 166 K2 166 MCr I6r PCr1AT Kns9 NCrtro K/1F0 PUT 20 KfIrl K! 172 NC/1 I2 Krlr2 10125104 to In 164 10/23/44 10/n/G4 10/25/G4 l0/25 I94 10/n/04 /0/25094 1Ob21/04 IO/n/U4 IO/Zf/O4 10025094 10/25/94 10/25/04 10/25/04 to/n/54 10/2f904 1J/DIN IU125D1 t0/23 /a IU/n/S4 1U/2f/i4 /2/2s/04 to/25/G4 IJ/25/S4 10/D PIS IJ/n/A4 IC/25/S4 /Maim 11.10 10.41 TS.A9 10.19 149.05 19.30 54.99 s.a 21Ta0 21405 s9.3P 11.91 F.4 19.029 915.59 1F.1s 1 .111.9f 20.01 20.01 . u3. sD ). Fa- 142.13 620? 1.21- 61.14 . 30.30 M.JU . 100.93 4.Is f.rq 11.46 . 7.40 1.40 2.403.co 144. 30 60F.00 3.314.16 49.314.23 117.21 2.195.00 23.02r. •I F.913. 50 59.r3S.3o CHECK RESIST[* KNod* ITEM CISCOIFTION $f IREAS SS CURT FO NUT TA[*I SS Cal Fo ST TACRs 3s Car FD ST TRESS SS CUNT FO IT TRESS SS CUT FO ST TRESS SS ear F0 ST TRESS 53 CUT FO ST TRUS SS CANT FO ST fREAS SS CUT FO ST r4EiE 05 COAT FO $I DEAS $5 cam FO ST WAS IS CORT FD $I TR[*S ss car F0 $I TRESS Ss CUT FO ST TRCAS SS CUNT TO LTLE OMAN NPNSON MIME JCMNSON NI"E PRIOR MINE PRIOR Gf SE THE LINER TOR KUCM% TCF KKMN TOA quill" IOSTRASTEI CCPM N[9 SALES TAX COMM NEW SALES TAN COP" -FV SALES TAX fU40 01 TOTAL FUND 1t TOTAL Futon is fork IM90 14 TOTAL rUNO Z3 TOTAL FUIO 41 ISTAL FICA VP24 TO 10/F FICA 9124 TO 10/F FICA 9/24 TO ton FICA 9124 TO lot FICA 9/24 TO 10/m FICA 9/24 TO tOn FICA 9fZ4 TO 10" FICA 9114 TO 10/I FICA 9/24 TO 10// FICA 9/=4 tl ton FICA 9024 TO 10/T FICA 9/2t TO 10/F FICA 912. TD 10/T FICA 9024 TO lot? FICA 9124 TO 10/F MILEAGE MINE PURCN MIME RISC MINE "MCA MINE RISC 10.29-84 PNE /0 ACCOUNT a. INV. I R.O. 9 RESSASE 01.4t42-03%12 IT- 4142-04o-13 01-4142-05h 16 01-4142-049-1 S C1.4142-09/-n 01-4142415-11 01-4142-135-32 01.4142-1/6.13 01-4142-249-42 01-4742-290-61 41-4162.405-c0 71.4141-51Y90 12-4142-549-91 )3-4142-99.92 IMa N2-$90. 9l 01.4151-IF4-33 I1-aui-s1 Y9O 21-a 91Yi15-90 n-t 111-SIS-9C n-aen-sl Y90 Am ERrism ?I-4323-sts-90 T445CL-RIL[AGC ct-43l1-061-15 TRAKL-RILEAGf 12•U!1-549-91 TRAVEL -MILEAGE F1-t 3l1-569.92 POSTAGE 01-4321-040.13 SEPT SALES TAX I1-2222-0410.00 SEPT SALES TAX r2.2222-a0-00 SEPT SALES TAX I1-2222-000-OC SENEGAL FUND FED REK NK SNARING FUND COMM DEVIL OLDER a4rT F IMPAOK 4 21UtP NUTLAT F "ONIC STATE AND CONS Fa Par IMP Its[ RESOLVING P MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL RAWAL MANUAL PANUAL MANUAL ANNUAL PAWAL ""UAL RANMAL MANUAL "ANVIL MANUAL MANUAL RANUAL MANUAL ...-Cis . WAL PANVAI R4NUAl TANUAL MANUAL 'ANVIL .AWAL MIRuK ••.-CPS INN CITT OF oN000 • CNICN of. OATS 4 ri .. - 1 . . ........ ....... ... L_ EKES REGISTER /Entbp PAGE // MARMOT VENDOR ITEM DESCRIPTION ACCOUNT f. log. A F.O. ■ "Coln[ 10.041.06 FUND F/ TOTAL LloWR OPINATINS FUND f ./TA.11 FUND TI TOTAL WATER OPERATING FUND 1Sd83.TS FUND TS TOT& SEWER OPPATIMG FWD 1.246.4T FUND FL TOTAL GOLF COUMSE OFVATINS FD 191.I38.9S TOTAL Planning Commission PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE /40"079_14(/ PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) 2 / +•( Z/ $s AtJZ- ZyW 4 1-2 U 4. s. y 6. ^�✓ d 8 OaK S f. 'tX 7.! 5 o o E. DRU/0 - SE 3. X, if Ac 4. �470 5. O 7. 0. Ae Planning Commission Council PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE 110_d9-1s1 PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) c- -. - _0 - z /-mil a �-z o 4. V / .LO�J 94 J> bI J 6. 7.-4& yeF5 Ott% 5 f . =Q�jZ-,b 7. l T B. D. Y. a �f Y' A✓v 1. 76 4. �oyo 5. f c,,. 6 t I o. Planning Commission PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE /0- d ?-it/ PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) I. 2. 15,40 20 3• Ll OE A `7 �.. 9. �. _ 5. cl/'-L 7.F'fed SovY 48 1. 0 1.-?/fSou' u 2 L- a. u N YToA1 -d CAD c s,Ae 9Ar,1a5 gyo 6. 7. 8. 9. 0. In-forma.+ion IE 4,e,,o iry% S coanct, I (A " October 25, 1984 Orono City Hall P.O. Box 66 Crystal Bay, Minnesota Dear Mayor Butler and Council Members: Regarding the request for a building permit variance to be decided by the council Monday, October 29, we would like to sa,,....please, "NO". As property owners in Orono, we feel a variance of that proportion (76%!!7) is !!a out of line and would/could be detrimental to us all in the future. Please let the present zoning ordinance stand on this one, thank you. Sincerely, Richard RoadSally aliton #6 2135COUNCIL MEETING Long Lake, Mn. OCT 29 1994 CITY OF ORONO rr !I 1 i OCT 265;?: ! 'L_ 300 Metro Square Bbp, St. Paul, MN 55101 awrnt Cj Tau' i General Office Telephone (612) 2916359 Utvw _ F P. O > Lily REVIEW- LMBL\ER R lENSCN ROM INISINRIUN N fly UP UNONU 3 '^'. •...`' flux bb D A Metropolitan Council Bulletin for Community, l CRYSI RL "A\ "Iff 97323 For more information on items In this publication, call the CommunlcaWont Department at 291.6464 Sept. 28.198e COUNCIL ACTIONS (Sept 17-26) Council Budget —The Council adopted a 1966 work program and budget of S11.7 million, a oe ,seam dacreine from 19114. The fidget include, developing a plan to solo the combined sewer overflow problem and dave!oping a comma hensive management strategy to and the rogim's reliance on !andfdl- for solid one disposal. Fwwriue mums to support the budget are as follow: local mums. BB percent; federal, 27 parwnC and sure. 5 ercent. The staff complement for 1985 is 223'h people. MWCC Budget —The Cuuncil gave conditional approval to the Metropolitan Won, Control Commission's proposed 1985 capital budget. whits contain 9379.9 million in repunts. Because many commission projects ettend over, ,onnal year., $222 3 million has already been sent. The remainder, an estimated $157.6 million in expenditures, will be paid for by federal and gaw pants and local funds. This Council asked the commission to peovd, quarterly reports on revenues and expenditures ode to resubmit its 1986 budget for further review before Dec. 15. The Council aim said no property we need be levied next year to rapport the commission', operations. T... porution—The Council laid that comtmction of the second stage of Hwy. 6101NaMtwn Hisri from Interstate Hwy. 94 in Maple Grave to Hwy. 262 in Brooklyn Park it consistent with Council traeporution policies. Under a 1982 sues law, rive Council outhoriaed levying a to. of $1.2 million for a loan pope. to help area communi ties acquire metropolitan highway rights Of was threatened by nmmment dnelopnent. The Council also approved a Federal Aid Urban bansporta non and transit program adopted by the Transportation Advisory Gerd. The pope. ,-dudes 13 orojeme, to be Implemented from 19B6 through 1905. at anntiminad con of S23b million. About 76 percent would be paid by the federal W... mrent. TM Council apposed . contract smerantiem with Batson AscnrMn and Assoc. to onalyn Ocew, bu.way and lightwail transit alternatives in the southwest corridor, from downtown Minnespolis to o destination to be determined, at a post not to exceed $30,000. Sports Feedmass—The Councd aw"ad a 1905 aerating budget of jug under 18 million for the Metropolitan Sports Faalitin Commission. Revenues in INS era pulecnad to discretion by about asset penrm from 1984, mostly de to a prolenad Ira of rent revere, from the M.h.0 Twins heuball team. The teem', new monaperrom wasg(antad reduced rant baud on attendance. Do elepnrrm al Dieeollihe.—The Council hired aw consults ant firm of Alternative Cnmmumry Syn.,, Inc., at a soul Met o1 SBO.mO, to poviao IeChniml uev,o, under she Court cil's eyelopn,ontal disabilities conmuniry, wrk training prows t. TM woo., to he provided m flow' v.o 1956. ,ho de roach.%its" from I., pon,cgrtne saisi hw, to provide on the lob training gel community living skills to developmentally dimpled clam,. Pans —TM Council amended an acquisition grant with Ramey Cpunty far Bald Eegle-0nor Lake Regional Park, increasing the peak by SXOOO to S2.9 million. The fund. are to purchase a 4Aacre residential sit. located herween Said Eagle and Onn Lakos within the lurk boundary. The Council also amended the davalopment pant contract for Wnerr ids maintenance facilities with Hennepin County Park Reserve District. The Council added Hyland -flush. AMenpn Leon Park Reserve to the list of park, where grant funds may as sent. Maintenance chop teciltuin at Me park reserve will be constructed wish $266.000 remaining in grant funds. Blouse of favorable intsrnt earnings, tad Council was able to reduce by S2.3 million the prom, tax Ivey used to ps, off principle and interest due ern cook bond,. Wave, Oeelity—The Council recommended to the Minna sots Pollution Control Agency that a permit be panted to upgrade the wa erwat.r vestment facility at the Flamingo Terre, mobile hones park in Ham Lake. The permit would allow mr installation of a now filter system to eliminate dice Charge Into mnae Waters. It would elm specify thin no more than the existing 190 mobile units be omW by the faeiliry. NEW APPOINTMENTS The Metropolitan Council named Joy HoNern, Minneapolis, so its chief legal counsel. Heffern comes from the Minnesota Pollution Control Agency, where he is deputy eveeutive director. He reiance, Joan He/t, who hes asv0tad a position as general counsel for the Dallas Area Rapid Transit Board, The Council made this following "citieen" appointments to the Tranpwts0on Askimry Based! Darrell F. Schneider, Champlin; Robert O. Owens, Edina; William D. Schell, Deep haven; and Paul A. Kesel, Carron Falls. The Council made the following appointments to its Davelope.wnol Ditabilldes Advisory Committee@Edward A. Van Allen, John J. Pokreywmski, Kay C. Handrikeon. Shannon L. M.Conhvp9iciss. Patricia L. Cullen ona Maned T. Dwyer, all from Sr Pavl; Gary R. Prsons, Rosevillo; Knherin A. Elheadt. Felcon Height: Mary K. Busch. Judith A. Sweeney. Evelyn Kamel and Karen A. Beets, all from Minneapolis, Keshren T A.m. S•dMaor; Mary A. Passau, chair, Shoreview; Eleanor P. Field, Whit. Stay Lake; Both Dhannin, Caen Rigid,; Kor anm A. Scads. Fridley; Jemreas R. Hour, Plymouth; Midwlk G. Beats. Crystal; Nancy M. Pfleger, Edina; Joan L. ScheePke, Bloomugson;'lonold H. Haman, Hopkins; Eilom Schmpkel, Price Lake: V,rpnw H. Spur, Wev St. Paul; aM Margo McBride. ~ St Paul. COUNCIL TO AMEND WATER RESOURCES MANAGEMENT POLICIES This Metropolitan Council will I.,. proposed amend pent to Pot 1 of its Maaapalitan Development Guide chapter tin orb re 1. moagormn,. The changes would I I ghee out the Savege aewsp treatment porn; 2) author,» the Matopoktan Waste Control Com rnsdn to include the Middle Belt Luc own inlermptor Maim amino St Paul and northern suburbs in the cs mmiseiun's development pro gram; and 31 mccuporate into she guide rveral tyeesm ism provemem studies already spprtavad n part of Me commission's 1995"pital improvement, budget. Herz s a WUtl" whsdule. Oct. 1 Metropolitan Serves., CommstM (MSC) reviews Public hewing draft Oct. I Metropolitan Council adopts weightless tot public hewing Nov. 15 Council holds public hewing Dec. 3 Heering record closes Dec. 10 Hewing report and final document srarlable Dec. 17 MSC rwmxs final hearing report, approve, amendment Dec. 27 Council adopts amendnsont If you have any questions, call Ray Usk. Planning Assist ana, at 291-6667. or Barb Sermon, Environmental Planning, at 291 6419. COUNCIL TO CHANGE HOUSING POLICIES The Metropolitan Council is reviling the Housing Chapter of its Metropolitan Development Guide. The revision includes not only adopting new housing Policies. but also housing guideline, used in the review of new having Ixopop s, local plan- and housing be plane. Here is a lenutrw schedule. Oct. 10 Metropolitan Housing and Rede"lopment Authority Advisory Committee i i,cvsas legrslatiw acorn rrsondations Oct. 11. Metropolitan and Community Development Commit 18 to MCDC) discuwe housing policy Oct. 25 MCDC set, public hearing dete Inmong document .,.Iowa Nov. 29 Council hold,public has ... up recond open until Dec. 71 Dec. 27 MCDC discusses Public hewing comment, Jan. 10 Council s loot, revised housing chapter If you haw questions, call Guy Prterwn at 291 6527. COUNCIL APPROVES 1985 LEGISLATIVE PROPOSALS A proposal to prohibit desppal in larlMills of unprocessed solid wesb in the avancounty Metropolitan Aim by 19M is part of the Metropolitan Council's 1986 legislative Program. This and other high priority Council proposal, will be intro Euced in the legislative session the begins in January. Included in the solid write proposals an: Prohibiting land compel of yard orates by 1966, imposing mandstory aura separation of recyclable maenal by 19M and modifying wild wane bonding authority of $15 million to slim funding of demonstration and alternative projects. Other Council legislative proposals include — Providing up to 50 percent of Me money rnssbd for operation and maintenance of the regional park ryssem from some notdt, mnwede si — Aiding the Mmnewn Pollution Control Agency in man ing for establishment of is construction prom: program to help finance sewer separation projecs. — Carsopwng measures to strongman Council oversight over metropolitan commission. COUNCIL TO GET MORE INPUT FROM LOCAL POLICVMAKERS The Metropolitan Council intends to improve its canmum "lions wish local governments be giving them more oolw, tunities to penoipaes in us regional policies and solving regional problem,, aecordms, to a mis wanrttM W Me Council by Cher Sands Gwpabring Sot. 27. 'Our erm n to neste led a t,.N waking ralatromMo between the Council and local governments so our con lesson more Closely to then some and concerns." Gwdawi red The Council plans to set up more informal discussion meetings among polirymaken and among staffs to accomplish Mrs. The meetings are to be held early in Me decision making process. Prepared by an internal Council CemmiOee, the report Is based on a June 1984 survey of moyors, town bperd chain and county bond Wirs in the region. A summary of the ncommeMatrons will be sent to local officials. EXECUTIVE DIRECTOR NAMED TO REGIONAL TRANSIT BOARD Gholeb AbduhRahman has been appointed minutes director of the Regional Transit Board I11781. the agency set up by the 1984 Legnlature to cement short range transports. tion planning for the Twin Cities Area. The appointment came on the recommewlation of Elliott Peovlch, Ill chair and hem! of a four .bar committee the screened 76 appliune for the post. Abdul-RMman has been a member of the Metropolitan Council se since 1970. the last 11 yews in the tnntyertetion department. COUNCIL SEEKS WASTE MANAGEMENT ADVISORY COMMITTEE MEMBERS The Metropolitan Council is seeking applicants for nine position, on its Metropolitan Waste Management Advisory Committee. The committee has Mr" opmeng, each for citizens. n oretentaive, of cities and counties, and for people from wiwte orate managament firms. The committee advise Me Council on Me risen and disposal of solid waste and sawage sludge fish. Membrs serve Mrenyear tams and voluntoor their lima, but receive reimbursement for trawl ash parking. %replications well be accepted until Oct 26. To gat an ., ..ation form, call Sandi Lindetrom at 291 8390. COMING MEETINGS (Get. B 181 (Meetings an rommosa. To wrily, It 291 6464.1 Personal Transit Based, Oct. B, 3p.m., Conference Room E. Mebopohun Pairs. snd Open Shea Commission, Oct. B, 4 P.m.. Council Chambers. Expanded hkvopoliten Wan Mbragaebem Advisory Come men", Oct. 9, 7.30 a.m. Conferee Room E. Air Duality Committee, Oct 9, 10 a.m., Conference Room 8. Metropolitan Housing and Aadovafopmsont Authority Advisory Committee, Oct. 10, 11 a.m., Lower Level Room 25. Metropolitan H"Ish myenmg Bard, Oct 10 4 p.ne Conference Room E. Regional and Local Su5a5e"t of me Gorernorl. Di 10, 4 p m., Confertn" Room D. Mabopobts. and Community Deealopmrnt Committees Oct. 11, 1-.30 pm., Council Chamber,. MeboPolous Council, Oct. 11.4 p.m., Council Chambers. Public meeting on Rrgi, Trevbt Board Appolntmen— Dirt E, Oct 11. 7 p.m., Council Chambers. Regional Transit Bowl, Oct 15. 3 p.m., Council Chambers. WVllten Swnme Cemmissm. Oct. 15, 4 pm., Conference Room E. Arts Asbisory Commitaw, Oct, 16. 5.15 p.m., Contest. Room E. Trareagoresban Advisory Beets, Oct. 17, 2 pm., Council Gumhers. Enei, a cal Resouraa Co mornal Oct. 17, 4 P.m., Conference Room E. IMbePolrw c"ncll Cemmeesee of des When tirrstleg on legit, -nil tronult. Oct. 18. 1 30 om_ Council Chambers. mile aPr"m CommitM, Oct. 18. 3 p.on , Counal Chambers 300 Metro Square Bldg., St. Paul, MN 55101 _ General Office Telephone (612) 291-6359 LUCT eqr 4aLTER o 1 HSfA AJT,f 715Trwhl984R riTY rF rxiAn _ 1,1 jc 'cYt' es. qAr u1, q5171 y A Metropolitan Counc ....... ------- For —____._ For more Information on Items in this publication, call the Communications Department at 291-6464. Oct. 12, 1984 COUNCIL ACTIONS (pet. 1-121 Stadium Tax —The Metropolitan Council eliminated the 1985 Minneapolis liquor sex used to fund construction of the Hubert H. Humphrey Metrodome. Lifting the 2 percent sales tax on liquor, hotel and motel miss will result in wings of S23 million for Minneapolis opwmera. The Mx was dropped due to the sal. of the Bloomington radium sit: and me sob asguent irsnsfer of $11 million to service dw Metrodome debt. The need to reinstate the us will be owlusted awry year. Sessions Treatmam—Ths Council sold US million In general obligation sewer bonds to a financial syndicate beaded by Harris Trust and Swings Bank to finance improvements in the ngionsi sewer system planed for 1985. The avenge Interest rate will m 8.94 percent. The funds will be used to improve the interceptors, or large sewage pipes, to Little Grads, Shoreview, Brooklyn Park, Champlin, Medina and Mendota. The bond iswa will also Provide more capacity and better facilities at the Metro sewage treatment plant in St. Paul. The Council else said plans by We Metropolitan West. Can rot Commission IMWCC) to phase out the Maple Plain sawage tmKrrwnl plant and Pump We mw'age to the Long Lake pump nation are consistent with Council policies. The plans include building a 12-inch diameter, 5+nile rower "form main," which Pumps sewage uphill. The Council said no ewer servior from We form main is to be provided to me surrounding rural area. The Council else approved a MWC(C 1984 capital budget amendment of $420,000 to build a sewer interceptor for We city of Ramsey. Pairs, —Th. Council approved a $2 million dewlpment grant amencrm with St. Peal to continue renovation of Como Regional Park. The funding begins phase two of a planned fiv"Imse renavatip Program M Como. Tbe money will be used for rebuilding the Lakeside Pavilion and for road red trail work to mperate hikers and bikers from white traffic around the worth and of Como Lake. TM Council also made the following amendments in development grant contracn with: — Cuwr County for Lake Minewuhta Regional Park: 5200,000 for traih, expsnded reeds, picnic deltars, landscap ing and water and unitary facilities; and — Anoka County: S875,DD0 to complete clowlpment of the couri segment of Rim Creek West Regional Trail, a hiking cad biking trail from that Mississippi River to the Remse, Gnnty lire. The Council approved an acquisition grant request from Hmo pin County Park Reno w District fa 91 I5AM to p !am a Mwlopad cone -sae oarml within to boundaries of Hyland -Such Anderson Lakes Park Reserve. The Council Nw approved tad district , request for S400,000 in M"lop ment Brent funds for panic area redevelopment in pie park reserve. Housing - The Council mid that a Blaine for federal moo tap insurance for the popwd Hidden Oaks Eail single family housing development is consistent with Council housing guidelines nd other policies. The site Is 1101ots, located north of Edgewood Rd. and east of Hamlin As. The Council urged that consideration be given in design and com ,truction to reduce noise impacts and that Potential buyers be notified of the exposure to overflying aircraft. The Council said a Ham Lake comprehensive plan amend- ment is not consistent with Council guidelines for rural dewl- opment. The amendment includes a proposed x"nsion to t'.e Flamingo Terram mobile home park, which has a density of berm to four housing units par sae. The guidelines say its, average rural density Would not exceed one housing unit per 2.5 scra lot. - Computer Equipment —The Council approved a plan to update its office computer systems. Tout Council computer system expenditures are expected to be $4 million over the next six years. PUBLIC HEARINGS, PUBLIC MEETINGS Aging —The Metropolitan Council's Advisory Committee on Aging will hold a public hearing to view the arn, designated community "foul points" providing servims to elderly people. The hearing will be held at 9 a.m., Friday. Oct. 26. in the Council Chambers. For more information, sell Sherri Bun, Aging Program, at 2916496. Sawan—The Metropolitan Council will hold a public hear. ing Nov. 15 at 2 p.m. in the Council Chambers to coruder proposed amendments to Part 1 of its 4lerpolinm Dew/op msnr Guide chapter on water reseurms management. The changes would: 1) Phan out the Sevage sewage treatment Plant; 21 include the Middle Soft Lira sewer interceptor Project in We Merotaliten Warta Control Commission's development program; end 31 incorpumn into the guide several system im. movement studies already approved in the commission's 1985 capital improvement budget. If You have any questions, call Ray Leek, Pbmmng Assist. arm, a 291 6587, or Barb Sermons. Envirpmmul Planning, at 2916419. REGIONAL TRANSIT BOARD REDUCES TRANSIT PROPERTY TAX COLLECTION The Regional Transit Board IRTBI voted to reduce property taxes for transit services in 42 Twin Cities suburban communities next year. The communities are pest of a transit taxing district established by M Minnesou Legislature. Normally. a two mill Property tax is levied uomformlY throughout the district. TM 1119, however, Melded to reduce tad levies in communities bored on tad arnnd• of Metropolitan Transit Commission sarvim they remove. The district includes Minneapolis, St. Paul and she clan in suburb. TM Is, will provide $47 million to operate hart and m ensma serums. In sddiuon, the RTB receives new and federal funds, plus lambex revenue,, to wpm" mgMMl transit servhms. PREPARING FOR COMING ENERGY PROBLFMS The Minnesota Department of Energy and Economic Development has issued a draft report, "Ten years After the Oil Crisis: Lessons for the Coming Decade." Th. report says underlying conditions that lad to a dude of envoy prim shocks and ocommic upheaval have not substantially clanged. Public comment will he included In the final draft, which will be imitable by the and of the yew. Copies of the draft are available at public, university and college librwies, or through Me agency's Energy Information Center at 2915175. Tony Perpich, state deputy commissioner for energy, invites written comments to his attention, 900 American Cmtw Bldg., 150 E. Kellogg Blvd., St. Paul, MN 55101. TWO SPOTS OPEN ON NEW AGGREGATE ADVISORY COMMITTEE The Metrowlitan Council is seeking applicants for two citizen members of its new Aggregate Advisory Committees, which will study aggregate, or gravel, resources in the Twin Cities Ants. The deadline for applying is Oct. 19. The committee Is scheduled to report to the legislature by OK. 31, 1905, identifying tlw amount and distribution of the area's aggregate resources and recommending measures to .secure its long-term availability and methods to protect it. Council Member Dottie Rietow, St. Louis Perk, has been named to choir the committee. For applications and more information, call Sancti Lindstrom at 291 6390. NEED RECYCLING INFORMATION? CALL HOTLINE Information on dre .off sites for recyclable material, in on Twin Cities Area is available from the Metropolitan Council'. Recycling Hotline, 291,5464. Sarvim that pick up materials directly from homes and businesses we springing up throughout the region. More than a hundred drop-off centers accept various recyclables and am neighborhood% that do not have curbside pickup. Newspapers, bottles, um, household goods, and other material, pan bs turned in for racycling—smswtimas for cash. The hotline has details on the locations cf dropoff sits, and which recyclable, each site accepts, how to prapars materials and what may be redeemed for cash. The hot ire i, open 8:30 a.m. to 5 p.m. Monday through Friday. NEW PUBLICATIONS Citizen's Guide to the Asotrupoliran Council. Oct. 1984, Summ s,tn role of the Council, describes its motor accomplish manes and relotionmip up the regime] commissions, and explains major ia.ues facing the region in the 1980s. No. 08- 844181; 4 pp.; no charge. Quarterly Ecwornk indicators, Socvtnd Ouwrer 1984. The Twin Cities economy conhnued o pow improvernarm. mwked by a dramatic decline in the inflators raIn, record-0igh employment levels and a sharp drop In the unemployment rate. No. 0184-145; 15 pp.; $I. Housing Pnhrwrcn in the Twin Cities Metropolitan Am Sept 1984. The report which summarises results of survey taken lots last year, says the single-family home remains the preferred form of housing among Twin Citians. Of those lolled, 81 percent paid they wanted to live In such housing if income and housing cost were not is factor, while 71 percent actually lived in such housing. No. 0184-149; 59 pp.; $2.50. Tiocommun merions and Economic Development July 1984. Report is a transcript of a forum held last March to discuss the economic, social end other issues offsetting the growth of telecommunications technology in the region. Topics include planned and existing technology, its affect on business, government, institutions and the public, and related public policy issues. No. 4384-108; 93 pp.; $3.50, SpnMing Sewage Studge on Formind: Questions and Anson. Sept. 1984. Answers commonly asked questions about risks and benefits of using sludge on agricultural land. Sludge is the solid material remaining after sewage treatment. No. 1384-129; 4 pp.; no charge. COMING MEETINGS (Oct 23 Nov. 21 (Meetio,pare tentative. To verily, talc 2916464.1 Expanded Metropolitan Waste Management Advisory Core - minas, Tuesday, Oct. 23.2 p.m., Council Chambers. Environmental Resources Committee, Wednesday, Oct. 24, 4 p.m., Conference Room E. Metropolitan and Community Development Committee, Thursday. Oct. 25, 1;30 p.m., Council Chambers. Meoopolissn Council, Thursday, Oa. 25. 4 p.m., Council Chamber. Metriwsitan Parks arch Open Spam Commission, Monday, Oct. 29, 4 pm., Council Chambers. Metropolitan Systems Committee, Monday, Oct. 29, 4 p.m., Conbrenm Roam E. C- .error i Meiling an Light Rail Transit, including Regional Transit Board and Metropolitan Council, Monday, Oct. 29, 7 p.m., Minnesota Club. University Av./Southwast Corridor Study Steering Com- n.itne, Tuesday, Oct. 30, 11 a.m., Conference Room E. Environmental Potassium Commin.. Infinitival, Wednesday, Oct 31, 4 p.m., Conference Room E. Long Term Can Task Form, Thursday, Nov. 1, 8 Conference Room, B and C. Metropolitan Community and Development Committee. Thursday, Nov. 1, 1:30 p.m., Council Chambers. Management Committee, Thursday, Nov. 1, 3 o.m., Council Chambers. Metropolitan Perks wed Open Spem Commission Committee of she Whole measin9, Thursday, Nov. 1, 68 p.m.. Conies nce Room C. Chair Sandra Gardebsina to speak to the Minneapolis J.ymes 31st am,ieertary of the Dr. Robert Green Award, Friday, Nov. 2, 6:30 p.m., NcomaMy ton. C*4 Metropolitan Council `300 Metro Square Building Seventh and Robed Streets Sl. Paul, Minnesota 55101 reuphone 10121 M1 o350 'wu.0 October 12, 1984 Mary Butler, Mayor City of Orono Box 66 Crystal Bay, Mn. 553:" SUBJECT! Improving Commu icatinus with Local Oo"rnments Dear Mayor Butlers One of my main alas as Metropolitan Cou.'cil chair is to meet-tish a strong working relationship between the Council and :coal governments so we can listen more closely to your concerns and ideas, and stay in touch with local feelings about metrapo,itan problems. Mere now ready to act on recommendations from an internal committee to accomplish this, and I want to share our plane with you. The recommendatxunl are based heavily on results of a survey Council members sent to all area mayors, town board chairs end county board chairs in the region this summer. My thanks to all of you who took the time to respondl First, the C.w cil intends to give local governments more opportunit Les to participate in setting regional policies and solving regional problema. This means we will be holding more informal discussion meetings among local and regional pollcynakers and mincing their staffs. The meetings will be held for such policy work as Amendments tr rogional policy plars, and new initiatives and legislative proposals to so'.ve regional problems. Your clear preference was that Individual Council members hold meetings in their districts to discuss merging problems or policy proposals with you. These aren 't intended to take the place of your direct contacts with Council members -- If there's a prcjlw, please continue to pick up the chore or write a note. As an alternative to district meetings, or in addition, you asked that we meet with the hoards o" the Aar 'ation of Metropolitan Municipalities and Metropolitan Intercounty ►ssociat , for discussions. We Intend to do more of both these things. For my part, I plan to continue holding an annual round of regional meetings to hear your concerns flrathand. I've also begun "sting regularly with the Chair"s Advisory Committee, which is made up of 23 local officials, and an getting the groups thinking on key regional Issues and proposals. At the staff level, Council planners are going to invite staff of affected local governments to meet informally to discuss emerging proposals or problems before public hearings are held. In addition, Coun11 the staff will plan a forum �- series of public meetings to provide opportunities for local input. For t:' Meetings, the stair will prepare a discussion paper describing the propo;. r problem, and alternative solutions. An example of this approach is the forum on solid waste abatement the Council held this summer at the Chimera Theater in St. Paul. We've set three additional objectives for strengthening our communications with local governmenta, based on your comments: - To make sure you're notified of Council actions affecting your community or county, we plan to provide for systematic notices. - To provide timely notice of Council meetings, we plan to mall a weekly list of coming Meetings, with agenda items, to local governments. We're asking you to designate a "key contact person- to receive the lists and all other official mall from the Council. We also plan to use special envelopes for important notices. - To give you more information about the kinds of technical assistance the Council offers, we're preparing a brochure with descriptions and a list of staff members to contact for help• we also plan to respond to a request that we sail sumearies of more of our reports to you. Copies of the Coamittee'a 11-page report, Improving Co®unications with Local Governments, are available free from our Communications Department, at 291-04bu. Now, we need your help to maws this work. Please use the enclosed fora to designate a "key contact parson" to receive all official Council mail, and return it in the enclosed envelope. I'm confident that implementing these recommendations will go a long way toward Meeting our goal of establishing stronger lines of communication with the region's counties, cities and townships. Sincerely, Sandra S. Gardebring 1 Chair 1 gnC IOawres METROPOLITAN COUNCIL Suits 300, Metro Square Building, St. Paul, Minnesota 55101 October 1964 LOCAL GOVERNMENT KEY CONTACT PERSON Instructions: To help us Improve communications with local governments, the Metropolitan Council asks that you designate a Okay contact person", or offica, to receive all official Council mall. This includes public hearing and public meeting notices and drafta; a weekly list of seetings of the Council, its committees and advisory committees, with agendas; referral notices of Council reviews of plane or proposals; and notices of other Council actions that affect your jurisdiction. The key contact person, or office, should plan to copy and clrcuiste such notices to al. appropriate offices or agencies within your jurisdiction. We will smil additional copies of reports on request, however. (Note: Many local governments already have designated a person to receive the Council's referral notices. The key contact person you designate now will replace that designation.) Unit of Government Form completed by (Name) Title Date Key Contact Person (Name) Title City Use the poet -paid envelope to sail to: Metropolitan Council Att: Lois Tolliver 300 Metro Square Building itM and Robert Streets St. laul, MN 55101 Zip Code M E T R O P O L I T A N C O U N C I L Suite 300 Metro SQuar Building, Saint Paul, Minnesota 55101 METRO BRA ADVISORY COM4MITTEE MEETING Wednesday, October 24, 1984 11:00 a.m. - 1:00 p.m. BRA Conference Room (Lower Level 25) A G E N D A I. Approval of Agenda II. Approval of Minutes of 8/8/84 and 10/10/84 III. Housing Guide Chapter Revisions: - Local housing element review guidelines - Housing bond plan review guidelines - Policy 39 ranking system IV. Staff Reports - Section 8 eX13ting monitoring report V. Adjournment Phil Cohen, Chair OCT 191 3 I METROPOLITAN COUNCIL HOUSING AND REDEVELOPMENT AUTHORITY Suite 300 Metro Square Building, Saint Paul, Minnesota 55101 Minutes of HRA ADVISORY COMMITTEE MEETING August 8, 1984 Members Present: Philip Cohen, Chair; Lyn Burton, Josey Warren, Marilyn Spensley, Sharon Garber, Joan Archer, Thomas Duffy, Edmund Bowler Staff: Nancy Reeves, Jan Hogan, Dianne Stone Chair Cohen called the meeting to order at 9:30 a.m. Application for Housing Voucher Demonstration Funds: Reeves described the new voucher program. She recently attended a meeting in Washington, D. C. to which all participants in the demonstration voucher program were invited. Metro HRA is one of 18 cities selected to participate. Reeves described the selection process which Included criteria relating to number of units of Section 8 existing, geographic con31deration3, and track record of the HRAs. She explained the differences between the Certificate and Voucher programs. Voucher participants will have access to a larger range of apartments since they are not limited by a fair -market rent limit. Subsidy amount will be established at an amount equivalent to a family paying 30 percent of their income for housing if they lived in a unit that rented at the fair -market rent under Section. However, a family can pay more (or less) of their own money if they desire and still receive the same fixed dollar amount of subsidy. The amount of security deposits also will differ from the Certificate program, and HRA will have the option of lending the tenant the amount needed for the deposit. Metro HRA also will have more flexibility in determining family sizes It Will serve. Under the Section 8 program, HUD determines the number of bedroom -unit certificates. It is expected that approximately 250 additional families will be served under the new program. The administrative fee for the voucher program will be less than that for Section B. Reeves pointed out that the program is scheduled to at -art early next year and HUD is conducting training sessions at this time. Members asked questions about the process that will be used, family sizes, and outreach for the program. Notion was made and carried to approve the following staff recommendation: That the Metropolitan Council participate in the HUD Housing Voucher Demonstration Program and that the Staff Administrator to be authorized to submit an application for program funds. The motion carried unanimously. The meeting adjourned at 10:30 a.m. METROPOLITAN COUNCIL HOUSING AND REDEVELOPMENT AUTHORITY Suite 300 Metro Square Building, Saint Paul, Minnesota 55101 Minutes of RNA ADVISORY COMMITTEE MEETING October 10, 1984 Members Present: Philip Cohen, Chair; Joan Archer, 'Dice -Chair; Thomas Duffy, Marilyn Spensley, Josey Warren Members Absent: Edmund Bowler, Lyn Burton, Sharon Garber, Wanda Schumacner S-arf: Phil Hatzung, Jan Hogan, Laurie Garfield, David Wilson, Wayne Nelson, Guy Peterson, Kathleen Mulligan Also Present: Dolores Hastings - CMAL Chair Cohen called the meeting to order at 11:00 a.m. The agenda was approved. Minutes were approved as submitted for the Advisory Committee meetings of July 18, September 12 and September 26, 1984. Phil Katzung introduced the new receptionist -secretary, Kathleen Mulligan. Houa ,s Guide Chapter Revisions Nelson, Housing Planning staff, presented the section on Housing Location. Nelson explained distribution based on :ire cycle needs; significance of location with regard to accessibility to services and special needs; affordability; alternative structure; and environmental constraints. .Nelson gave an overview of the subsections contained in Section IV. Housing Location, then read through the policy proposals, diving clarification as requested. Moved by Warren, seconded by Duffy, to approve the proposals on alternative housing, increasing affordable housing opportunities, subsidized 'housing locations, accessibility to services, environmental constraints, providing adequate housing for a variety of income levels, central city housing strategy, housing strategy for older developed suburbs and communities or portions thereof within the Area of Planned Uroanization and freestanding growth centers, major efforts at rehabilitation, maintenance, and renewal of existing neighborhoods. Motion carried unanimously with editorial changes to reflect concerns regarding plane for the elderly, clarification of terminology including changing "low- income" throughout the Policies, to "lower -income." Nelson then reviewed the Guidelines for Ranking Subsidized Housing Proposals and the factors in funding priorities, and explained the point system which gives priority according to subgroups. Moved by Warren, seconded by Spensley to approve the section on Guidelines for Ranking Subsidized Housing Proposals. Motion carried unanimously. RMo:s• METROPOLITAN COUNCIL MMA APPLICANT CMARACTERISTICS REPORT ALL COMPLETED ELIEIGLE APPLICANTS AS OS 10101A64 CARE TDTAL WRCI111 •ISPLACEO VERY -LOW INCOME SIIE WUTING UNITS MURDER E NUM6il A / OR A 392 35 0 0 296 16 t AA A l6 1N 0 0 9 56 3 Be A 1.. $3 0 0 360 11 6 H 1 65 0 1 A 61 94 3 GR 1 L 2 0 0 6 100 1 OR 1 3 ISM 0 0 2 67 2 AR I 190E 1E0% 11 92 1626 65 TOTALS 26S2 96" 12 0 2350 63 RUG DATE MOVER LOW ENCORE NWMWEA 1 96 26 1 44 100 23 6 6 0 0 1 33 2E0 15 NA 11 PAGE 1 0 "BASS P R100 ENDING: 10101/6, METROPOLITAN COUNCIL NSA MONTHLY CURRENT CERTIFICATE MOLDERS REPORT TOTALS _ RACE HOMER PERCENT N24 PINORITY 263 e2 —� MINORITY S3 1e --TOTAL-- 296 !00 AGE GROUP NUMBER PERCENT ELDERLY 33 1/ F ANILI 263 tl9 ••Ta L.•• 296 100 INCOME LEVEL NUMBER PERCENT LOU INCCHE 163 SS —� VERY LOW IMCGHE 133 65 --TOTAL-- 296 100 SEA 3F HERO OF HOUSE NURSER PERCENT MALE 66 23 - FEMALE 226 71 .-TOT".. 296 100 RESIDENCE NUMBER PERCENT 1� COMMUNITY REII[ENT 186 63 _— CENTER CITY E6 29 OTHER 24 e --TOTAL-- 296 100 RUN DATE, 10/01/04 PAGE 26 1 MHOU6 METROPOLITAN COUNCIL MAX APPLICANT CHARACTERISTICS REPORT APPLICANT CHARACTERISTICS R A(L NUMbER PkNCLNI MINORITY 593 20 �• NON MINORITY 2229 BO •.TOTAL•• 2452 100 AGE GROUP NUMBER PERCENT FAMILY 2444 66 ELDERLY LOB 11 •.TOTAL.. 2052 100 _. SEA OF HEAD OF HOUSE NUMBER PERCENT MALE 605 21, �-- FEMALE 224Y 29 ..TOTAL•. 2552 100 ... RESIDENCE NUMSEN PERCENT ' -- COMMUNITY 1629 ST I• .,_ CENTER CITY 1000 35 OTHER 213 G i -�-- •.TOTAL.. 2E52 100 RUN DATE 10/01/94 rut ! 0 MN67B 0E2136 ENDING, :0/01/94 METROPOLITAN COUNCIL MAR MONTNLT CURRANT CERTIFICATE POLARIS REPORT TOTALS -_ RACE NUMBER PERTEMT NON ►INO41lY 243 6, • MINORITY 53 16 ..TOTAL-- 296 100 AGE GROUP NUMBER PERCENT CLOANLY 33 11 FAMILY 263 89 ••TOIA.A• 296 100 INCOME LEVEL MURDER ►IRCINT LOW IYCCMI 163 31 VENT LOW INOOMI 133 63 --TOTAL-- 296 100 HA or NIIB OF NOW3E NUMBER PERCENT PALI 66 13 FIMALI 226 T3 ... --TOTAL-- 296 100 _. NISIDINCI NUMBER PERCENT COMMU41TV IEIICENT 1116 61 •-- CENTER CITY 66 29 _ OTNEN 26 S --TOTAL-- 296 100 J RUN OATET 10/01/04 ►R6E 26 a IIIIOASR DERIOR tN01M41 1J/it/:• RLTROPOLITA■ COUNCIL ARE 1 40%t.LV CJMRCNT CERTIFICATE MOLDERS REPORT TOTALS CERTIFICATE PJACENT OF TOTAL CEET SAES HOLDERS CtRT1F1UTES ISSUED 1 RR E t9 RS S PR E ! 102 1 3 OR I 31 so S A to F E 100 1 S AN F 0 s0 S 1 14 F 0 135 A 2 DR F 236 101 S TOTALS 296 103 1 RUN DATE, 10101I14 PARE ES u 1 00400 IN PIA100 06I421 10101114 METROPOLITAN COUNCIL MNP MONTHLY CURRANT C101ITICATE NOLSINS REPORT TOTALS P49FIRINCI STATUS NUMBER PINCENT DISPLACED 11 100 --TOTAL-- CI too TOTAL DROPOUTI NUMBER PINCENT APT&* CE4T-Rt1ORE CON? IAA 10 APT[* SILCCTEP-1INOR1 ACNO 1244 Al WORE LINT S1LICTED 117I 40 --TOTAL-- avid 100 DROP BY C&*T SIIE NURBEd PERCENT 1 on 1 162 v 1 IN E 1 1 1 an I 111 11 { bA I 40 I S R0 I S 0 1 so 1 0 1 IA I 1303 TS ..TOTAL.. 11,91 100 DROPOUT AY RUI0ENC1 NUMBER PERCENT RUN DATES 10101144 PAEf 11 431s 49 11 ay 19 99--Is Poo 847. 17- 39 1 124 IS 3 711 4 cz I 4.908 G8 '7 14 y COMMUNITY 1601 SA 4491. 52 CINTIA CITY IM IB 33C4 15 CIRRI ISO 1 4 11 S ..POLL.. 1964 100 8 Al IS 1C:S0 � fIMo6G• rGRts9 twP2NG mrove. COAT LHIA 1 AM e 2 on I OR I . me 100 I 1 am I 2 Gm I TOT A,e A METOOPOLITAN COUNCIL MAR MOMTMLT CONTRACT MONITORING REPORT TOTAL CONTRACT MUM ER maim NUP GOAL A9EAAGE TOTAL IMm LIMIT ALLOCATION PAIRENT 02. 67 698 196 67 6 64 190 11e 60 652 296 29 f0 11 212 1 1 6 139 is • 41 246 leis 182 1s$* 240 29.1 210 2162 262 Mum PAT[ 10/OVQ PMGR Q PERIOD ENO1014 101011.4 METROPOLITAN COUNCIL MRA PONTNLY CONTRACT MONITORING REPORT TOTAL INCOME LEVEL MOPOIR PERCEPT LON INCOME 214 T V94Y LOW INCOME 21,46 93 ..TOTAL.. 2962 100 CEE 09 NEAR 00 Noust MURDER PERCENT RAU IR 9 09401E 2616 91 ..TOTAL-. 2962 100 MOP $Y CENT FIRE NUMBER PERCENT 1 94 E 001 13 2 ON E 1? 1 I M I I21 13 A OR 1 56 1 S DR 9 2 0 1 DR I 19 1 2 BR 0 200 69 --TOTAL-- /116 100 DROPOUT 6Y REi1DANCE NOMDER PINCIYT COMMUNITY 3131 76 CENTER CITY E13 20 OTMER HI I ..TOTAL.. 1136 100 NUN DATE 10001/04 PAGE is .MHt 1E116P INOINO 10/01034 NITOCIOLITAN COUNCIL MO SUN O.TI 10101164 PW 61 MOMTNLT CONTRACT MONITONINO REPORT CONTRACTS RIPONTEO IT COMMUNITT _ TOTAL$ tAMNa i• TOTAL ILOL. !Ar•.7 It 2t s7 67 Sr IF 27 Comm COTS STRIP MONT7 LIH/ Hop �6YIR t 0 9 0 0 s 0 1 a s 1 0 , i ---F-- 1 0 as 01 flat at at slt at III '1 $62 111 ON BN as Hi p uH• 107 IF 10 If 2 fa I 0 51 .1 I as -� / si ids F 61 31T 652 711 at tit If at ... 661 761 IS gas Is an so f I 2 I 0 0 0 a I t 1 - 0- T j 00---{ -- - - at f07 401 601 of of of OR tot {7 '1 ON 602 OR off as -i LLLI PLAINt 0 0 0 0 0 0 0 a 0 6 • 0 -- o`—.a 0 f 41 Os 0% Ot at 0% as 01 0s as a[ Os at ON H Oa p _ .. 2 a ° ' ° ° Id ' Is is ff1 ft as 161 1% at as 7t ;1.1t N .�,. ��NI.Y UnIA aid 62 176 741 6 25 1 a a 166 166 Ot 521 tat sot 2% 101 Ot a1 Is SIX sit 24• 271 lit lot 72 J1 yft ♦I 7H f• 7 34 I 1 . stf tT6�-. itf 17N III 1[ TOR it at 7N 10t fOf s!t- to as_ Nt 1H • .i: o 0 0 0 0 0 0 0 0 0 I -.0 -:a: IF i--VN ---.I -... .I Ot as 0s 02 ON at ON at Ot as Of of at at ON .., •, 47 as Is lox 34 71% IT 2It a At t to 0 of _T--...1 of as 1.6 sit - 14 fit - �1!!I,> 6 il- Y. also . 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A a 0 a 3 0 0 0 1 0 -q Ot 01 loot of ON T51 0% at of 25t at INS fat as $02 o1 6RE1 3 0 5 a 0 2 0 0 0 3 1--1—� a1 at 1001 01 01 lot at nt a% Not 201 E[t ,. M[ M.�'i[t Nt , MD6459 PISROD ENDING to BtR4 METROPOLITAN COUNCIL MIA MONTHLY CONTRACT MONITORING IEROIT CONTRACTS NEPOATEP II COMMUNITY _ TOTS S C MRNRITT TC I AL iL9N TAMLY tE 2E IF 1T 5E If 27 ' itb C611UA SO 1 49 1 a 6 0 a 0 41 21 2% 991 22 ul 164 at Ot at $2% AS" ARA1 a u a 0 0 0 0 a 0 0 Ot Ot 01 04 at Ot at at of at isle 1 0 1 0 0 0 0 0 0 I of ON law at at as Ot OI of 1001 Mb1MEN S 0 5 0 0 0 0 0 0 5 f Ot at 1002 at at w 01 at of 1001 ibrb 5 2 5 2 0 1 0 0 0 2 ON 40% 601 tax Ot 201 01 ON as 402 A Lf PL41r 1 0 1 0 0 1 a 0 0 0 02 Ot toot al Ot 1001 0% at at at lid 15 125 12 1 12 0 0 4 107 is 101 90% 91 10 91 at at 5% 792 �ei6N 0 0 0 0 0 0 0 0 0 0 w at at OR as at at 02 w at 4 0 4 0 0 1 0 a 0 i at at 1001 Ot as Zit w at Ot 752 NIeR6141tia 0 0 a 0 0 0 0 0 0 0 at OR o1 w at 0t at ul at as — 2i e n 6 0 6 0 0 0 tl n 261 Tat zet of 2e1 at of w 469 NWeI NIL• 55 0 55 0 0 6 1 a 0 1e 2% OR 1001 0t as 111 21 Of Ol 67% Ni is iN T so 56 4 54 4 0 9 0 D 0 25 11 111 et% III Ot 241 at at Ot set eir RANMANT `at u a 0 0 0 0 0 0 0 at w at of 0t it of 0% It 6 DNI 255 12 213 59 i 54 2 a 6 171 It 161 041 ITS It IT% 11 0t 21 672 YU Pe1wL a a 0 0 0 a 0 0 0 0 at 0% Ot at OI at Ot Ot at Ot 22 1 21 0 1 4 1 0 0 16 1% 51 151 0% 5% 1N% St at at 731 RUN DATE 10,01/94 PAGE Ai COMM CNIA OTHER PARTY LIPS[ DROP 7 e1. __. is--17'.. IT 09 16% 621 241 302 all 2t 0 0 0. 0 0 s as at of OR of as o -3—i—ix. I"S .b3 of of foti oi. 1Nt 0 2 u- 7 ' --- i -_ i 0 40% of 601 ON 202 0s ,as 20t i0t� 0[, Nt Oi 10w 0% of of loos at 34 219 isl RON M 699 is 0 0 ._ .0 _.. 0 0 a 0s 0t as at of 02 I __ T-1 3__— zs2 all sot ON 7i[ as a 0 0 0 0 0 of ON o: of of of 70% as 702 02 too it 14 10 it 2 A to ' -) 251 lox sex 44 64t 2t .. 20 _ — i �__._i ... w.. __� �i Sit six i42 0s N1 is 0 0 _.. a _. o _.. 8_._._ [ 01 a1 at as at Otl 119 'If— -05"-il—Ttl—fi 471 169 379 12t Pis N 0 0 0 0 0 1 of ON al of as 0i . 10 -- s - 7 —T'—Ti^i. —ASt 231 32% .i[ ON RB •^a""� •, •, •oixc 10/011ea METROPOLITAN COUNCIL NRA RUN DATE 10/01/64 PASS 64 MONTHLY CONTPACT-MONIIONING REPORT CONTAACTS REPORTSO IV COMMUNITY TOTALS TOTAL ILDLY MMLY II 2E NY If 5f 17 21 CONN CNTI *TONS 1O1ITY LEARN HN TO EST. 111 23 69 ' 1e S 22 0 0 a 62 AO Rr IF for -m- A9 ail Its 16% 59 201 at as H S49 441 set 144 M 762 is "�"••�0 0 a 0 0 0 0 0 0 0 0 2 0 0 0 TO 0 .[ ON Ot aS Os Oi ON at as at 09 0. at as as tt OR i..1Ab $6 16 AD 16 0 11 1 0 1 27 N 1 1 21 291 719 291 OS 201 2s at 2t All is I t .3 .�i n 11 • ii if 0 A•RO 1 0 1 0 0 0 0 0 0 1- 1---0 0 I"— as o1 tool at ON 01 ON at at 100% 1001 of at 1002 ' loot Ot 12 10 22 10 0 5 1 o - 0 50 {i Ni. tt 311 691 Its a1 91 is as OS 56t 47S - SS !0�. :1p.1J', ,S ••t ,! . ••[ a 0 o a a 0 0 0 0 a a -a- `'��i1 L__ff "-"7- at at 0% at a1 01 at as of OS of at at at OR at 259- 67 172 Ii a Is 2 a - 7 /as .... Sis n sat se: 321 :1 rt a of a $6ra An iis,* . jc 5,.,tj�.� �q LE 70 U 27 CS a 6 0 ff -' 1 20 66 -t!"" �i•`"jf' 21 611 391 61t ON 9t OR at 11 29t 461 Its fit 91 all 19 0 0 0 0 a 0 0-._..0...__-0_ _.0 ..-._ — f at of of 0t 0t of of of as At 11 f t' ff• tf 9 L 119 41 7e 19 2 S O U s i0 ti---- a1 Sal 669 339 is As OR Os At sit 441 403 171 a% all 41 -- ==Is art lass ass 1St tis 0as 0ON iSt i649 in Its '41, 14, 77t 1f . 0 01iitiut 1 0 2 0 a 0 0 0 0 2 ''a .f...---- a 6'- - -T of Os 1002 as O% ON at at ON t006 at IS toot as O9 as 'IAA. 70 / 19 1 0 S o o , 951 5% at Ill ON 01 51 719 M ft ' ftf , q 6E2 1 13 0 0 0 0 0 0 0 a a 0 o a— a-- 6 6 at of a1 OI at ai 01 at at 0t at OR at at at OR IRE it o a a o 0 0 o a o a s --T —I--(---*--f--u-- ot of of O1 at of of 0s of as a OR .: as Is tt Is tMOAIr �.. 2 1 1 1 0 0 0 0 a 1 t I- ` '�-i1OJ_---f�`-r �i' 01 50% Sol 50% at OR at Ot at Sol Sot f0I IS OR INt 01 0 1 0 0 0 0 0 --0 —_...I '�jy. as 1003 0t fool at O: of of o9 0l 1001 was 141,0459 P16100 kNOIN4 10/01/64 METROPOLITAN (OUN(❑ NM NUN DATE 10/01/14 PA61 41 _ MOMINl1 (OMtRA(I NON3fORIN6 RFPORi ... ._. C OMTRA(f/ IlPORf[D IT (OMMUMITY j��F TOTILI IMONNIfT TOTAL ("LT FAMILY It 21 3F 41 IF II 2T Comm (MTI OTMIN Most LIAII IIIO Tlsi ills 311i 7si 3Ys1 1sx ili 77i 003 OOx OOx 31 16 11{' 6lTI K ii[f-"— ' L-ismi Fill. 6 4 1 . O 1 0 0 0 1 3 1 --T,-"i—`i--i1 at 671 sat 671 at ITt of Ot Ox 171 lox 5?a /st fit Olt 01 i - 16 7] sl is o tt I a 1 s9 11 — 1III is Sox 101 302 ON 141 31 Os 11 six 10I f[ `' 'lo Ot [f a.1 1 0 1 0 0 0 0 0 0 1 1 0 -0---- --a— -- i _. a% ON 1002 at at 01 at 01 Of loci T00% Do at at 1001 Os Palo YTI- -' 29 1 2e 1 0 4 0 0 1 23 f ., 0'"—' ., 11 39 9/1 it Os 14x ON 02 39 /91 1/s 1.I 41 1 411 692 1t I 1 0 1 0 0 a 0 a 0 1 0--a.....:+_..u_0—�i.W__. 01 0t 1002 0t at OR Ot as at 1002 as Ot 1001 as as at 0 0 0 0 0 0 0 0 a- ..0_.. ._0-6 '; v :V os as at ON 0s as ax at at of as of , ' rt ... 0.[i� Y2, 0 0 0 0 0 0 a 0 0 0 0 0 0 • O�" ON ON ON a% at as at 03 at as as ON at as at Ot 1 3 3 0 3 0 0 0 a '0 0 i--^o-' 01 1001 at 1001 as as at ON of of If I, 1t III 1__ r. 3RINy,�. •Msri .�:. .... 106 22 54 20 2 1 1 0 4 ti 70 1s t1 �) �1 I/ 4% 711 till lot 22 /1 1x Ox 41 e1, 66t' IIt ast It to If N RIP. 0 0 0 0 a 0 0 0 0 0 ON Ut at 01 at at 0s Ox Ot Of at ON Of M M N M 00 nyNl 25 0 25 0 0 5 0 a 0 20 2 11 10 1 10 1f it ON loci ON as gas Ox ON 0% 90s Ix sax 40% 111 101 as I"" AMI.1(A 1 0 1 O a 0 0 0 O as Ot 100% Ot Ox ON Ot Ot Ox loci f00t at �,Oty' Ot is" p 1OIALf 2962 611 2265 634 43 A/ 29 2 55 lets 1449 1:1 1161 tO� 100% 23s 77% 0s Is 133 Is at It 613 491 211 192 911 fU 1N4 METROPOLITAN COUNCIL HOUSING AND REDEVELOPMENT AUTHORITY 300 Metro Square Building, Saint Paul, MN 55101 M E M 0 9 A N D U M October 8, 1984 TO: Metro RNA Advisory Committee, Staff FROM: Mary From SUBJECT: Monitoring of Section 8 Waiting List, Certificate Holders and Contract Holders HIGHLIGHTS FROM OCTOBER 1( REPORT 23 additional contracts are not included in the computer run. Total number of contracts is 2985, which is 94% of HUD Goal Allocation of 3162. Program 10, which has 52 units, has been added to the computer system. The total HUD Goal Allocation is 3162. Number of Applications on Waiting List TOTAL 1 BRE 2 BRE 1 BRF 2 BRF 3 BR 4 BR 5 BR Waiting List Characteristics % Minority % Female Head of House % Very Low Income % Community Resident Number of Certificate Holders Certificate Holder Characteristics % Minority f Female Head of House % Very Low Income % Community Residents Number of Contracts Contract Household Characteristics % Minority % Female Head of House S Very Low Income i Elderly % Family % Community Residents Current Month Last Month October 1. 1983 2852 2857 1724 392 398 91 16 11 0 3 3 1 1906 1906 919 466 475 641 65 60 70 4 4 2 20 20 23 79 79 77 83 83 74 57 57 58 296 547 502 18 16 22 77 74 81 45 43 79 63 64 60 2962 2950 2940 9 9 8 91 91 90 93 93 90 23 23 24 77 77 76 49 49 52 HMHRA1/ML063A AOBNDA Minnehah. Creek Water had District October 18, 1964 waytats city Hall 700 p... 1. Call to order: present, absent staff. 2. Reading and approval of minutes of the regular meeting of September 20, 1984. 3. Approval or smandwnt of October 18. 1984, agenda. 4. Hearing of mralt applications. A. 83-32 Mrniw brooks - grading and drainage for Christmas Lake Addition, Sec. 35AD, north shot. of Christmas ILke, Shorewood. B. 83-124 City of Richfield - dredging in Richfield Lake (21P), Richfield Lake Recreational Developeent Plan, See. 28A, Richfield. C. 84-82 Concord Malty Invert. a Dev.l., Inc. conceptual approval of a grading and drainage plan which includes floodpl.in development for a residential developent referred to es 'Princeton Court Twnhomes-, Sec. 319D, north of 26th Street and ee at of Highway 100, St. Toms Pack, D. 84-151 Centurion Company - grading and drainage for Lohaen'e Mhurst 4th Addition. ❑eodplain development, Winnehaha Creak. Sec. 18CB. West 36th Street, St. Louis Park. E. 84-156 Paul Mrggren - 50 lineal feet of rip -rap shoreline erosion protection. Sec. 1BADD, West Am My. Lake Minnetonka, Orono. P. 84-161 Hennepin County Regional Railroad Authority - remove railroad bridge and channel pilings, Sec. 358BA, St. Albans My Channel, Excelsior and Gresnwood. G. 84-162 Senilde-St. Margaret. - grading and drainagc plan for a building addition and Parking lot expansion, Sec. 318D. St. Wuis Park. M. 84-163 I.eskley'B, Inc. - excavation of two wildlife pond., Sec. 28DA. Will. Run Addition, CRAM 6. Orono. I. 84-164 Dick more - grading and drainage plan for a coasercial building and parking area. Sec. 33AC, 24285 Smithtown Road. Shorewood. J. 84-165 Kathlyn A. Heidel - drainage improvements. culvert installation, site grading. Sec. 26CB. 5085 Reedville Street, Gte.nwcod . R. 84-166 Larry Mork - '.[ter -the -fact' .aintenance dredging and rip -rap shoreline erosion protection, Sec. OSDA, North Shoe Drive Milne, Orono. L. 84-163 Larry Mork - grading and drainage plan for a maintenance building, See. 08DA, North Shot. Drive Milne, Orono. M. 84-16B Harry Bongard - grading and drainage plan for I 3-lot subdivision. Mc. IIAD, 11313 Petcerly Road, Minnetonka. H. 94-169 Parma Built. Inc. - grading and drainage plan for a 4-unit townhouse, 'Port Merriam Townhoses', Mc. 13 BCS, County Road 110 at Harrioons My, Mound. O. 24-170 Cal Ha.sk.n/D.n Lond.hl - 60-foot lake setback variance request for Schultz Lsk., Sec. 06ADC, 3389 Lil.r l.an., Victoria. P. 64-l'1 Thorp Plnanre Corp. - grading and drainage plan for a 29-unit cond.inium, Sec. 23AD. 2610 Cosearre Blvd., Pound. 0. 94-172 Otto Associates - grading and drainage plan for 'Harding Acres', an 18-lot residential subdivision, Not. 339C, Smithtwn Road at Widgewond, Shorewood. R. 81-173 L.N.P. Properties - grading and drainage plan for a commercial building and parking lot, Sec. 17DCC, County Road 15 at Navarre Avenue, Orono. S. 8/-174 Peter Vogt - 113 lineal feet of rip -rap ehcrelin. erosion protection, Sec. OSBC, 581 Rush ... y Road (101), Wayzata Ray, lake Minnetonka, Wayzata. T. 04-17S John Slielow - 130 lineal feet of rip -rap shoreline erosion protection, Sec. OBBC, 601 Sishaway Mad (101), Wayzata Bey• Like Minnetonka, Wayzata. U. 81-176 Ralph Alexander - 100 lineal feet of rip -rap shoreline erosion protection, See. 28C9, Cresent Beach, Lake Minnetonka, Tanks Bey. V. 8/-173 Joe Kerala - 51 lineal feet of rip -rap shoreline erosion protection, Sec. 20DDC, Lower Lake Minnetonka, Deephaven. W. 04-08 Wayne MacFarlane - 9/ lineal feet of tip -rap shoreline aroaion protection, Not. 32DBB, Gleason Lake, Plymouth. R. 81-179 William Sohnoff - 132 lineal feat of rip -rap shoroli, erosion protection, Sec. 30CAA, Upper Lake Minnetonka, Shor.wood. Y. 84-180 Prod Luca. - 120 lineal feet of rip -rap shoreline erosion protection, Soc. 238B, Spring Park Bay, Like Minnetonka, Orono. Z. 8/-181 Ted Price - 100 lineal feet of rip -rap shoreline erosion protection. Sec. 13AAC, Libbs Lake, Lake Minnetonka, Minnetonka. S. Correspondent, 6. Hearing of request. for petitions by public for action by the Watershed District. 3. Reports of Treasurer, Engineer and Attorney. A. Treasurer's Report - Mr. Carroll. O ) Administrative Fund. B. frgineer's Report - Mr. Forest. (1) CP-5 Painter Creole Status Report. (2) H.adw.t.rs Control Structure. (a) Safety. (b) Status Report. (3) Data Acquisition Fund - 1985 Budget Consideration.. (4) Water Maintenance A Repair Fund - 1985. (51 Minnahshe Creek Canoe Landings. C. Attorney's Report - Mr. Macomber. 8. Unfinished Business. A. Rule and Regulation Revision/Chapter 509. e B. District initiated Maintenance Projects.C. Draft Permit Application Guidelines.9. New Bualn....10. Adjaur... or. F D Ds`', MINNEHAHA CREEK 11 Re WATERSHED DISTRICT P.O. Boa 387, Wayzata, Minnesota 55391 WNW SWUM, UVWH C h,an. has .MhmIt Lehman.JuhnF 11hunas MOW a peon .Umnie D Andre •James D MMbhy •James a sMah,y SPECIAL MEETING NOTICE A special meeting of the Board of Managers of the Minnehaha Creek Watershed District will be held on Thursday, November 8, 1984, commencing at 4:30 p.m, at the St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota. The following matters will be discussed: 1. Review of appraisals of easements for the upper Watershed Storage and Retention Project in the Painter Creek Subwatershed (Project CP-5). 2. Review of plans and specifications for Project CP-5. 3. Consideration of statue of Brutger Companies, Inc. site work at "Parkwoods" prior to issuance of a permit from the District (Permit Application No. 84-114). Pcted: October 19, 1984 3256.1 I AKE 1.11141JETONKA CO CSERVATIOIJ MIRICT A G E N D A Regular Meeting, 7:30 p.m., Wednesday, October 24, 1984 TONKA BAY VILLAGE HALL 4901 Manitou Road (County Road 19), Tonka Bay 1. Cali to Order 2. Roll Call 3. Minutes 4. Treasurer's Report A. Monthly Financial Report B. Bills 5. Installation of Officers 6. Committee Reports A. LAKE USE COMMITTEE (1) Committee Report (a) Special Event: Fishing Contest (b) Synopsis Amendment: .05 Alcohol (c) Synopsis Amendment: Transom (d) Code Amendment: Boating Safety (e) Charter Boat Registration (f) 1983 Lake Use Study (g) Special Event Stipulations Review (h) Water Patrol Report (1) Other (2) Action Item: Special Event Permit - Fishing Contest (3) Other B. WATER STRUCTURES 6 ENVIRONMENT COMMITTEE (1) Co®ittee Report (a) Amendment Review: Groveland Methodist Assembly Grounds (b) Deicing Applications (c) License Amendment: Rockvam (d) Code Amendment: Coversions (e) Ramp License Review (f) Temporary Structures Permit Review (g) 1985 Dock Licenses and DMA Permits (h) Other (2) Action Items (a) 1984-1985 Deicing Permits (b) Dock License Amendment: Rockvam (3) Other 7. Code Amendment: Conversions (second reading) 8. Other Business 9. Adjournment 10-19-84 LAKE MINNETONKA CONSERVATION DISTRICT ADJOURNED REGULAR MEETING TONKA BAY VILLAGE HALL October 3, 1984 The adjourned regular meeting of the Lake Minnetonka Conservation CALL TO District was called to order by Chairman Brown at 7:33 p.m. on ORDER Wednesday, October 3, 1984 at the Tonka Bay Village Mall. Members present: Richard Garwood (Deephaven), Robert Tipton Brown ATTENDANCE (Greenwood), Donald Boynton (Minnetonka Beach), Jon Elam (Mound), JoEllen Hurt (Orono), Robert Raecop (Shorewood), Ron Kraemer (Spring Park), Ed Bauman (Tonka Bay), Audrey Gisvold (Wayzata), and Robert Slocum (Woodland). Communities represented: Ten (10). Hurt Moved, Garwood Seconded that the minutes of the August 29, MINUTES 1984 meeting be approved. Motion, Ayes (10), Nays (0). Raecop Moved, Bauman Seconded that the Treasurer's report be approved and the bills paid. Garwood Moved, Raecop Seconded that the motion TREASURER'S be amended to include the Super Valu bill. Amendment Motion, Ayes REPORT (10). Hays (0). Main Motion, Ayes (10), Nays (0). LAKE USE COMMITTEE: Bauman reported that the committee reviewed a Special Event Permit application by Wayzata Yacht Club for a sailing demonstration during J.J. Hill Days, and recommended approval. The committee reviewed proofs of the 1984 Lake Use Stndy aerial 1984 survey. The photos were taken by Charles Kehoe about 2 p.m. on LAKE USE Labor Day (Monday), September 3. STUDY The committee reviewed the charter boat registration program. Eleven applications have been received, ten certificate, issued; ten ad- ditional boats have been inspected by the Water Patrol and have received notice of the need for LMCD certification; there are six other known boats, for a total of 27. The committee reviewed the DNR permit for contract to remove the St. Alban's Bay bridge. The committee recommended that if it is necessary to close the channel, that it be closed only during the non -boating season, October 15 to May 1. The committee reviewed the final buoy inspection report. All buoys BUOYS were in use, some were damaged, and a fe:, were displaced - to be returned to normal locations. The committee reviewed the Special Event Permit program for 1985; 22 permit applications have been mailed for winter activities, and 33 will be soiled February 1 for summer activities. LMCD Board Minutes October 3, 1984 Page 2 The Water Patrol reported that Lake traffic slowed down when the WATER weather cooled in late August, and that there has been little evening PATROL activity. The Water Patrol reported to the Board that the State REPORT Boiler Inspector will meet with the Water Patrol in October regarding charter boats. The committee reviewed the Minnetonka Bass Club request to waive the penalty fee. After discussion, no further recommendation was made. Rascop Moved, Boynton Seconded that the committee report be accepted. Motion, Ayes (10), Nays (0). Hurt Moved, Garwood Seconded that the Special Event Permit amendment W.Y.0 by the Wayzata Yacht Club for a demonstration during J. J. gill SP EVENT Days be approved. Motion, Ayes (10), Hays (0). Rascop Moved, Bauman Seconded that the Board recommend approval ST ALBANS to the DNR of the Hennepin County permit application for removal BRIDGE of the St. Albans Bay bridge with the following stipulations: REGO 1. that channel boating activity not be restricted during the boating season April 15 to Oct.:er 15, and 2. that steps should be taken to preserve and enhance the significant shore fishing opportunity that is currently provided in that area by the existing bridge. Motion, Ayes (10), Nays (0). Hurt Moved, Bauman Seconded that late fees continue to be collected, NO FEE with no late fee waivers. Motion, Ayes (8), Hays (2). Elam and WAIVER Brown voting Nay. WATER STRUCTURES A ENVIRONMENT COMMITTEE: Rascop reported that the committee reviewed a re -application by Lord Fletchers for ad- ditional storage on the east lagoon not previously used for restaurant transient storage, and the possible location for a charter boat. The committee recommended that the application be accepted as an amendment to an earlier application for charter boat storage. The committee reviewed deicing applications for renewals, including the new rules affecting installations. The committee recommended approval. The committee reviewed the status of dock licenses and Special Density permits. Six as -built survey, have been required by earlier District Orders; two have been submitted and four are expected. ,.MCD Board Minutes 0✓nbe• i, 1984 Page J The committee reviewed the legal draft of a Code amendment concerning conversions of dock use. After discussing the need for further study of the multiple -dock vs. commercial -dock provisions of the Ordinance, particularly as they refer to small commercial facilities, the committee recommended Board adoption with the addition of a preamble. The committee reviewed the 1985 dock license and DNA permit programs, and made no recommendation for any change at this time. There are three District orders yet to be completed: Lord Fletcher Apartments, Hennepin County docks at Spring Park, and Schmitt's Marina. The committee reviewed the Walter's Port request; after advice that the request had been dropped, the matter was closed. Bauman Moved, Garwood Seconded that the committee report be accepted. tiotion, Ayes (10), Hays (0). Murr Moved, Rascop Seconded that the list of deicing permit applica- tions be approved subject to inspection and notice to abutting neigh- bors. Elam Moved, Rascop Seconded that the motion be amended to include those applications received between the time the committee met and September 26. Amendment Motion, Ayes (10), Hays (0). The motion then included the following: Advance Machine Co. Virgil Osmonson Steven J. Anderson Donna M. Pauly Dennis Carlson Paul F. Resberg Clay Cliffe Rockvam Boat Yards, Inc. Curly's Mtka Marina Inc. William A. Schmidt Howards Point Marina Inc. Rodney S. Wallace Reid 6 V. MacDonald City of Wayzata MN Vets Camp, Big Is. Wayzata Yacht Club Mtka Boat Works Inc (W) R. C. Welch Mtka Boat Works Inc '0) James I. Wyer Motion, Ayes (10), Naye (0) PEE STUDY COMMITTEE: Hurr reported that the committee reviewed and concurred with Board action relative to setting fees and recovering extra costa. The rommittee then reviewed the four earlier recom- mendations not acted upon by the Board, and made further recommen- dations: (1) that municipalities and other governmental agencies be included in the dock license fee structure, to increase the self- sufficiency of the District and reduce the municipal levy; (2) that an application fee for Temporary Structures be initiated at $25 per unit per year, with application at the LMCD and the permits Issued in cooperation with the Water Patrol; (3) that the matter DEICING PERMITS LMCD Board Minutes October 3, 1984 Page 4 of court fine allocation be continued for development of further information; and (4) the winter fishing cnntest matter be continued. Rascop Moved, Elam Seconded that the comr.ort be accepted. Motion, Ayes (10), Nays (0). Hurt Moved, Elam Seconded that municipalities and other governmental MUNICIPA.ITY agencies be included in the dock license fee structure, to increase LICENSE the self-sufficiency of the District and reduce the municipal levy. FEES Motion, Ayes (10), Nays (0). Slocum Moved, Garwood Seconded that the matter of the Temporary Structures permit fees be returned to committee for further study. Motion, Ayes (10), Nays (0). CODE AMENDMENTS: Hurt Moved, Elam Seconded regarding the proposed i CODE i Code amendment on LMCD fee schedules, that further readings be waived AMENDMENT: and that the Ordinance (No. 67) be adopted. Motion, Ayes (8), Nays FEES (2), Slocum and Elam voting Nay. Brown Moved, Rascop Seconded that the proposed Code amendment regard- 1 inR conversions of dock uses be returned to committee for further .view. Notion, Ayes (10), Rays (0). DISTRICT ORDERS: Elam Moved, Hurr Seconded that the District Orders DISTRICT for Lord Fletcher Apartment., Hennepin County, and Schmitt's Marina ORDERS be executed. Motion, Ayes (9), Nays (1), Brown voting Nay. OTHER BUSINESS: Bauman reported that the Nominating Committee recom- mends the following slate of officers for the coming term, Bauman choosing not to run: Chairman: Robert Tipton Brown Secretary: JoEllen Hurt NOMINATING Vice Chairman: Robert Rascop Treasurer: Jon Elam COMMITTEE Boynton Moved, Gi.vold Seconded that nominations be closed and Lhe OFFICERS slate be elected by unanimous ballot. Motion, Ayes (14), Nays (0). ELECTION Brown thanked Bauman for bin five years on the Executive Committee, and especially for his four years' service as Treasurer of the District. Brown Moved, Bauman Seconded that the employment of Jean Crozier PERSONNEL be confirmed as a Part Time Clerk replacen.ent, at $5/hr. Motion, Ayes (10), Nays (0). Hurt Moved, Bauman Seconded that, with the adoption of Ordinance BUDGET RE- 67, the LMCD 1985 budget be recertified to the villages reflecting CERTIFIED: the levy reduction from $72,920 to $49,975 (31.6% decrease). Motion, LOWER LEVY Ayes (10). Nays (0). LMCD Board Minutes October 3, 1984 Page 5 Garwood Moved, Boynton Seconded that $300 from Save the Lake Fund PARR be sent to Hennepin County Park Reserve District toward their .'une RESERVE tour of Lake islands. Motion, Ayes (8), Nays (I), Rascop and Hurt PROGRAM voting Nay. Brown Moved, Bauman Seconded that Hurt be appointed to the a,:visory committee for the Noerenberg Memorial County Park, represent,ng NOERENBERC the greater Lake Minnetonka community for the LMCD. Motion, .Ayes APPOINTEE (10), Nays (0). ADJOURNMENT: Brown Moved, Rascop Seconded at 10:10 p.m. that the meeting be adjourned. Motion, Ayes (10), Nays (0). ADJOURNED Submitted by: JoEllen L. Hurr, Secretary Approved by: Robert Tipton Brown, Chairman THOMAS O. CAEIGNTON u•n era -Mu DATE: TO: O'CONNOR 6 HANNAN ATTORNEYS AT LAW 3000 1O6 rowcw a0 so,,'. E".,H [,.cc, M INNLAPOLIa. MINNESOTA 55402-21134 .[ul an -a[oo ru¢onum a..-aroeuw, MEMORANDUM October 18, 1984 City Administrator- of the Lake Minnetonka Cable Commission FROM: Thomas D. CreightC SUBJECT: Commission Budget Enclosed please find the 1985 Budget which has been adopted by the Lake Minnetonka Cable Commission. This Budget is forwarded to you for your review and approval. In accordance with Article IX, Section 3, of the Joint and Cooperative Agreement, this Budget must be approved by a majority of the member Cities within thirty (30) days after its receipt. Upon approval by the member Cities, the Budget shall be effective. I would therefore request that you submit this Budget to your City Council for its formal approval as soon as possible. Please note that no budget allocation or appropria-Eon is rre- quired of your City. The Budget will be funded from the franchise fee paid by D lat to the Cable Commission. Please notif• as to the action taken by your Council. Thank you for your cooperation in this matter. If you have any questions, please fool free to contact me. TDC: jlg Enclosure OD 19!_34 cc: Mrs. Jan Haugen 1985 BUDGET LAKE MINNETONKA CABLE CO"N_ -ION Income Franchise Fee Advance from Dow -Set Commission Y enses Conferences/Schools (annual) Convention Secretarial Services P-stage/Reproduction Fgone/Stationery MACTA Dues Bonds Bank Charges Insurance/Public official General Liability Annua' ac"t Commission/Company Quality/Performance Check of Company Legal Fees Cable Administration Staff $ 8,000 1,000 500 750 200 120 1,000 2,000 2,000 10,000 30,000 5 8, 000 47,570 TOTAL $55,570 CarCONNOR 5 H! JNAN ATTORNEYS AT LAW 2000 1D0 TOWN •O 00YTM LIONTn 0TN[[T • rr ••[ 'r•• MINNEAOOLIf MINN CBOT^ Da408.92SO oeY aa. ..ee Tu. ai-O[a• e . ea TL[[COII[R ua Y�-a[ooUbl uea ue.,. eo THOMAS O. CREIGHTON 1• •. .wi c. au ur[i• . liu, uw MEMORANDUM ,[.,....., TO: Commission Members of the Lake Minnetonka Cable Commission FROM: Thomau U. Creighton DATE: October ii, 1984 RE: LAKE MINNETONKA CONSTRUCTION REPORT P'oase find erclosed a copy of Dow-Sat's Construction Report, which I recently received. Please review this information prior to the next meeting. If you have any questions, p?:ase feel free to call me. TDC: j lg Enclosure cc: City tra s OCT 2 5 Igg4 Dow -Sat Of Minnescca. Inc. 2381 v.. ,,. 1 Mound, MN 55364 �6121 472-6394 October 22, 1984 Mr. Thomas D. Creighton O'Connor Hannan 3800 IDS Tower Minneapolis, Minnesota 55402 RE: Ldke Minnetonka Construction Report Dear Mr. Creighton: : iCLLI J ;!J r'T0'-'1'r'R F, HANNAN Construction is rapidly being completed on the Lake Minnetonka systern. The aerial crew, are nearly 100% finish•�d at this time, with just some tie in being completed that was on hold due to state highway permits. The aerial plant in Victoria and St. Bonifacius is also complete. Trinity Engineering Company has completed all the underground work that was assigned to them on the Lake Minnetonka project. At this time we are sending these crews back into private develop- ments, apartments, and condominiums with whom we have signed con- tracts for cable television.. North Central Services was given the underground construction for Victoria and St. Bonifacius. Victoria is now completed and underground construction is startino in St. P.onifacius, which will take about two weeks to complete. St. Bonifacius and Victoria are still scheduled for activation and installs in November. Since my last report we have activate,: Excelsior, Sh,;re•,,ocd, Tcnka Day, and Deephaven. Activation and testing will start in woodland today and br� comple'_ed by weeks end. Greenwocd is partially activated now and will be completed in seven to ten days. After this section is completed, our activation crews will move into Victoria and then St. Bonifacius. I would like to say that we are able to complete this cry, ect due to the excellent cooperation of our contractors and the abilit,. of our techni•::al force to work close., with the cities, counties, and state a,ithorities. Construction Report Page 2 BE & K has done an outstanding job here and due to their per- formar:ce, we have selected them to build our Apache Junction, Arizona franchise which will serve over 6,000 permanent resi- dences. Jesse Mace is their job superintendent on this project. He gets a lot of the credit for making this a smooth construction project. Sincerel_:, Stuart V. Gibson Vice President of SVG:cj CC: Marl A. Smith M. Kent Sharp Billy Jones - Engineering BE & K CABLE NEWS NETWORK . A PROGRAM SCHEDULI SATURDAI 60) AM News/Wither/Sports 6:30 ANI CNN Investigative Report 70) AM News/%ather/Spurts 7:30 r1M Sports Review 8:0O AM News/Weather/Sports 8:30 AM The Big Story 9:00 AM News Update 9:10 AN1 Ilealthw•eek 9:30 ANt Monevweek 10:00 A11 News Update 10: 10 AM Media Watch/Hollywood Journal 10:30.1:.1 Style with Elsa Klensch 11:00 AM News l.`pdate 1 l :10 AM Sports Close•Up 11:30.AM NCAA Preview 120) I'M News,. Wi°ather'Spvts 12:30 PM CNN Election Watch 10) PM News/Weather/Spurts 1:30 I'M Newsmaker Saturday 20) I'N1 News Update 2:101'M Idealthweek 2:30 PM Style with Elsa Klensch 30) PNI News Update 3:10 I'M Ask CNN with Daniel Schorr 40) I'M News Update 4:10 PM Sports Close-up .1:30 i'M The Big Story 50) PN1 tiews/14eather/Spurts 5:30 I'M Newsmaker Saturday 60) PM News/Weather/Sports 6:30 i'M Pinnacle 7:(X) VM News (Tpdate 7 :10 I'M Sports Saturday 7 :301'.1 Evans & Novak N:00I'll News.'Weather'Sports 9:00 PM News Update 9:10 PNI Ni)ur Money 9:30 PN1 This Week In Japan 100) I'M \ew'si Weatheri Spots 110) PNi f inra:le 11:30 PNt Sports Tonight 12:(X) .%\1 News'Weather/Sptrts 12:30 A.M E, ans & Novak 1:00 AM News Update 1:10 AM On The Menu 1:30 AM Election Watch 2:00 AM Crossfire 2:30 AM Sports Latetiight 3400 AM Nemm-Wather-"Sp(.mu 1:30 AM Newsmaker Saturday 4:1") AM Freeman Reptile 5.00 A 4 Sp its Review 5:30 AM'.N(n*ywr•k SUMDAY 6:00 AM News Update 6:10 AM Media Witch/Hollywood Journal 6:30 AM Style with Elsa Klensch 7:00 AM News/Vleather/Sports 7:30 AM The Big Story 8:(X) AM News/Weather/Sports 8:30 AM Crossfire 9:(X) :1N1 News/Weather/Sports 9::30 AM Evans & Novak 100) AM News Update 10: 10 AM On the Menu 10:30 AM Newsmaker Sunday 11:00 AN News Update 11:10 AM Your Money 11:30 AM NFI. Preview 12:00 i'M News/ Weather/Sports 12:30 PM CNN Investigative Report 10) Phi News/Weather/Sports 1:30 PM Monevweek 2:00 \I 1"helkeek in Review 3:00 I'M Freeman Reports 4:00 PM News Update 4:10 PM Your Money 4:30 P,\1 Evans & Novak 50) PM New•sAWather/Sports 5:30 i'M Newsmaker Sunday 60) I'M Newsilkeather/Sports 6:30 i'M Inside Business 70) 11\1 News Update 7:10 PM Spats Sunday 80) PM News/Weather,'Spotts 9:(X) mi The Week in Review 10:00 PM News/Weather/Sp►rt., 110) PNI Inside Business 11:30 PM Sports Tonight 12:00:V\l tiews;'Weather/Sports 12:30 A.M Style with Elsa Klensch 10) ANt News Update 1:10 AM Healthw•eek 1:30 AM Newsmaker Sunday 2:00 AM N1onevweek 2:30 AM Sports LateNight 30) AM News/Weatdrer /Spurts 3:30 AM Crossfire 40) A.M News Update 4:10 ,AM Media Watch; Hollywood Journal 4:30 AM The Big Story 5:00 AM Sports Review 530 AM Inside Business fI:ile(ii%r date 9/ 1/K 1 / fit'. •. Y.MI.�..M.• , .�r k�l Y Vn .•v.�.�... •1rt•,. . ,-...�MN . .. CmI464) "Techwoud iki,.e \14 Atlanta, (;rtwgia 1031M (101) M27.1710 CAI3LL' NE"WS NETWORK PROGRAM SCH I I )U LE 6:00 AM Davbreak The nation's first live all -news network telecast of the day, with Pat Harvey and Ralph %nge in Atlanta and business news with Stuart N�arnev in New York. 9:00 AM t/avwatch The dav's first live network news for Vest Coast and Mid -Vest viewers, with Dave Walker and lads Hart in Aslant:+, Anne McDermottin lj)s Angeles, Ellen Flevsher in New Nork, John Holliman in Washington, D.C., and business news with M\Tun Kandel in New York, 12:00 PM Take Two Chris Curle and Don Euiner with news and special reports oil current issues and lifestyles, interviews •sith the day's newsmakers and reports on fashion. cuisine, health and science. 2:00 PM News Da-, The latest news, weather and sports with Man• Anne la►ughlin and fit,b Cain. 3:00 PM Afternoon Break liobbie flattista and Don I ian is► m rep 41 the afternoons news, weather and spoils. 4:00 PM Newsline The latest news, weather and sppxoris with Mary Anne Laughlin and K)b Gain. 3.•00 PM Nm mratch First live network wrap-up ►►f the day's national and international news with Lou V`atem in Ada and \Ian• Alias- Williams in New York. 6:30 PNI Ask ('NN With E)aniel Schorr Washington Correspondent Daniel Soho►rr bungs 45 year-, of Y►umali%tic experience to bear as he answers viewer questions cm the day's top news stories, 7:0G PM Monevline The 4 mly nightly telecast of its kind morld ecoruomi(%s and firuirx d news, Wall Street trends and expert votnment.+n with Li c I) obbs 7:30 PM CravAfire Pat fiu.l►. nailand 1(y111 Bladen hoc t a hvrk dl,c-ussu,l; on the late~! crmtrover sllal I,•ut- with leading newsmaker, SAX) III Primenews 11 ime•tirne reports covering the day's major news stories, business, economics, politics and spurts with Don Miller and Marcia L.adendorff in Atlanta and Bernard Shaw in Washington, D.C. 90) IN freeman Reports I day's newsmakers tonight with award winning interviewer Sandi Freeman in New York. Special call -in number allows national TV audience to participate. 10:00 PM CNN Evening News Prime -time reports covering the day's major news stories, business, economics, politics and sports with Don Miller and Marcia L.adendorff in Atlanta, and Kmiard Shaw in Washington, D.C. 110) P.M .Moneyline 11:30 PM Sports Tonight Action -packed highlights of the sports day with Nick Charles & Jim Huber. "Closer l.cx)k" examines people and issues making sports news. 12:(K):1\i \ews\fight !.five prune -tune network newscast for Vest coast and Hawaii viewers and over- night news for East Gast viewers. An- chored in Atlanta by Patrick Emory and Beverly Willianas and in I-os Angeles by Kirsten Lindquist. I.00 AM Crossfire 1:30 AM \ewsNight Update Late -breaking news and review of the day's top stories. with Patrick Emory and Beverly Williams in Atlanta, and Kirsten Lindquist in l.aas Angeles. 2:30 AM Sports LateNight Jun Huber reviews the day's spurts news and previews tom+►rrow•'s events. 30) AM freeman Relwrts 4:00 AM News Overnight 1k I i 17 5,00 AM Crossfire 1i \'` 5:30 AM Monryiine OCT 2 6 1984 r►F fIROVIv, 1.11.,01.... F ifeltiK ir`,11 Iethwirld Ihi%e VA' M 1 irw.+te. 1lgyam [ k.ryp+ CM 1 � I�nta. (�eatytt�l :It131M i �tl) l h7 i I TI11► CMCABLE NEWS NETWORK TURNER BROADCASTING SYSTEM. INC. Date: October 19, 1984 IC60ILCHWOODDRIVE. NW Contact: Kitsie f;dc.sett ATLANTA GEORGIA 301r8 cc `` cc i4041827.15``00 `` `` ll `` `` )) `` `` `` `` ` A'FA CNN COVERS ELECTION NIGHT '84 FROM COAST TO COAST After casting their votes on November 6, viewers can turn to CNN for the most up-to-the-minute results, in-depth voting analysis and comprehensive reporting of the 1984 presidential race and congressional, senate and gubernatorial contest acrDss the country. CNN's continuous Election Night coverage begins at 5 PM (ET), live from the network's Atlanta headquarters. Two of the network's most experienced anchor teams, Don Farmer and Chris Curle and Bernard Shaw and Mary Alice Williams, will report voting returns and developments throughout the night and into the early morning as races are decided. CNN political correspondents will be stationed at key locations around the country to obtain instant reaction to results and to report victories and concessions as they occur. CNN correspondents will be tracking President Reagan at the White House and Vice President Bush, Walter Mondale and Geraldine Ferraro at their respective homes. Alsu, C%% will be live at the Democratic National Headquarters and the Republican 'rational Headquarters in Washington, DC. From CNN's Washington bureau, Senior C_.rrespr-ndent Daniel Schorr and Political Analysts Rowland Evans and Robert Novak will observe the voting returns and offer their seasoned analysis of the how and why behind those returns. As Election Night '84 progresses from East Coast to West Coast, CN114' correspondents will report on state and local races in the Northeast, Southeast, Mid -West, West and Far -West, enabling viewers to keep tabs on the political scenes closer to their F:e^efronts. E.:c_h correspondent will be joined by a political expert who will anelyze ar,d comment on local voting trends, issues and candidates. CNN will report live from campaign headciudrt.ers of over ;'0 state races of national interest including the Harkin/Jepsen Senate race in Iowa; the Percy/Simon Serrate race in Illinois and the Helms/Hunt Senate race in North Carolina. - 30- NEWSNIGHT. a live prime time newscast for West Coast dnd Hawaii viewers and overnight news for East Coast viewers, airs from 12 midnight to 1AM. Patrick Emory and Beverly Williams anchor- ;ron Atlanta with Kirsten Lindquist. in Los Angeles. NEWSNIGHT UPDATE, airing from 1:30 to 2:30 AM. reports live late -breaking news and reviews the day's top stories. Patrick Emory and Beverly Williams anchor in Atlanta and Kirsten Lindquist anchors in Los Angeles. The remainder of CNN's daily schedule remains the same. A complete schedule including CNN's business, sports and interview programs is attached. -30- CABLE NEWS NETWORK: TURNER BROADCASTING SYSTEM. INCCCN)WN . A! i AN (,I i ,l f-.1.11A.S1.. • \I DVS R1 1.1 \tiI • \1 W., 1:1 1.1 VtiC • NA -A S I0A A .\til • N1 ws Iz CNN ANNOUNCES NEW FALL LiNEUP Cable News Network announces the following lineup for its Fall news programming, effective October- 15, 1984 (all times Eastern). DAYBREAK, the nation's first live all -news network telecast of the day, with t(. latest news, sports business and weather, reports, air, from 6 to 9AM. Pat Ha— ey anti Patrick Greenlaw anchor the 6AM and 8AM hours, while Mary Anne L.,wghl in ant.' anchor the 7AM hour, D.gYWATCH, live morning news on the East Coast and the day's first :IvE r!etwork news for West Coast and Mid -West viewc,r ., airy: fro 9AM to 12 noon. Mary Anne Lot,y+il in :7r,d Bob Cain report the latest news, weather, sports and business during the 9N'r and 11AM hours. Pat. Harvey and Patrick Gretnlaw report during the LOAM hour. TAKE TWO, a unique blend of the day's newt, stories, in-depth newsmaker interviews And timely features on personal finance, style, cuisine, health, nutrition and entertain,nent, airs from 12 noon to 2 PM. Dave Walker and Lois Hart anchor live and resoc,nd t�' ,icwtr calls and opinion throughout the. program. NEWSDAY, the latest news, weatht,r and sports are I-eported throughout the afternoon from 2 to 5 PM. Bella Shaw and Utn MI1lei an(hor the ? and 4 PM hrr!;, _ ; f'. it• 1 and Don Harrison report the news d:J►-irlq the 31 PM hour. NEWSWATCH airs from 5 to, b:3D PM. Mary Alice Williams in New Ynrw and IL;._j water; in Atlanta anchor the nation's f7r'.t live network wrap-up of the day's n!tionjl aria international news. PRV'NEWS. airing from A to 9t'M, offers live newsmaker interview-, An 7n-dr,c, reports or business. Sports and entertalrw*rr,#, (ton Farmt,, and Chris Curle in At la^ta and Bernard Shaw in Washington DC anchor this wrai?-up of the day'', world new,, CM EYENiNG Nt WS iS a live nt it.� - p D7q StoryN Anil a Ionrr ahr'act ?!1 t'tr,.,r.,�,' Fa'mier an^ f lit I.. ! ,,r 1P Ar!i hf!r if, ;., +. , W 1(;-',I, w:!11 Ir! tn-fitVt►, lit). �•�w' a• r r ,.,� fir• li. �. t'i'Y� ':I.r IW�6ULLETIN GOP COVERAGE GETS VIEWERS' VOTE 41#1r' tt.l blot. 1,.+•m 1 ( N\ • Iat III 1•, 111 nn the "A: L7k I,t ilvil,t 'll lino%IJr ul„+ ht a 111 Iul, I��ur� MIR11 Cllk'tl'ed In I►:Illu. 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I�•(tllhll, Jn I\•141\ TV DIPLOMATS i ,L1i\ Thal tt1!1111111td Ill Vllk'flri ff"Ill Ilh �•rt\cnh1, a,,it n I Mkt Ilk NLllc Ihnl,c ant) tin' k..l�.i 1, It it kl !.-. +I,•it ( �, fit nlilttc ( I .d .. rl 1 Ithl,, 111 ttk" Init l\!tN l lrli ,tlak :, tN +Iil Ir N,nr .I,tn..i• tiCdil'!-'./!, ii .111;i, J' _ �� 1 I.i tit-%%IflldAt'i that tiff 'A Ill .III Ith' Ifitt't\IVV% ,u(p11tc, mKil Itcd, t,t ,t,+1\itilwil ,,.,trJri Ac . i i Ihat 1•r,ncJ Ill a,+rA a1 t1.1.1 t,n.i 1,q p1,1 J h'a 1+1 ttN' Ik i d, h+it'1 fll hh •dtA a,f H1{t/- • `� , 11111i \llrtl lit .\Htlll(q nli tt Iltli 1\ (i'N ittlNN h.l\C Ntk'll 01\01nY rHl 'Znk'rhan ,4 A111 t' r a �•-11.114.1 II'm.11tl B ACI i11111rt'1 1.wnhl Ii ACI l"nwilti'm In'fiats Ifill, l,il, dtkl 11'dili,. • � ingllkh'd !h It1th'1 I1'(M 1fla1, >i71:(Ic! 1!LLI. 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NO iLlfill', \ht'l Ah•rr iltwii 141 \I..,,, NIIiIIII I1 ' Ift'11w%1,f11 f ail\ INi"'Ifllt .1 kwill`I1,.. w... 'I,..:*1 dt�i4&-, 11,wv, Idt 1111.11 1,. 4.f111:' wl%I.d .1, 1t',it1.u\ Id 11ca,un mi,i Sia%1.d .1d%It 1„ kNh.nd \n.,n and ha%lo lint film%iif .r !' pu1+I4 an [,In'-rll. nti'd , .1r,J1 daft to l'I,n t -u . g - --0 (1Nifrra4 I . I 'J , I f(, #nary/ Violist wid .Nw % Ui, r i ! \ \ % nanr•fn,4f tart Ir,n b.a,rl, ., , i THE BEAR IS BACK No'. 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I.rnk Ka f N Irk , Irm."lwm anell ,t%, 111.'a .$Mt Ilk I'bt•nlatt ,c..asft and .tA flak .1 Telephone: 473.7710 Dispatch: 544-951 1 Emergency: 911 City of ORONO 1'ost ((ice Box N6 • Crystal Hey. Minnesota YsA2't • Municipal Office, On the North Shore of Lake Minnetonka Police Department 115 Willow Drive � Long Lake, MN 55:1.',6 NIN. KILSO Chief of Police October 12, 1984 Mr. Dean Molin 248 Cygnet Place Long Lake, MN 55356 Dear Mr. Molin, Thank you very much for your kind donation of an animal cage to our department. As you may be aware, we do occasionaly board animals for a short time until our animal control person can come here to pick it up. The cage will get alot of use. Thank you! Sincerer• L1 t. t IClt� Melvin Kilbo Chief of Police C.C. City Council MK : s b THIS �� 0. IW_ZT OR THIS YR. LAST YR. August '84 ,FfENSES MUM1'ti L.AJ1 )GAR IV mm1r, aV un.a+ 'art 1 20 129 175 ,art 2 E,ate 2 7 54 253 321 ul reffic 52 46 422 349 Juven3; .-1 0 18 15 133 82 Citatione 1� ,art 4 36 76 289 513 Warnings 3 _ 203 1594 1251 ,art TOTAL ORONO 391 419 2820 2691 nTory nv t nun t Ary _ 11 10 52 55 n'&t 2 14 15 106 160 Adults 3 _ iruffic 13 19 96 131 Juveniles 0- Part 3 2 3 29 21 Citetione 30 Part 4 21 11 91 134 Wa rTLtng is 0 Part_ 40 32 293 236 TOTAL I ONG LA" 10 4 L 90 667 737 - IrTTY AF QDRT14!1 DIAR Part 1 6 13 44 61 Part E 20 71 10 4 2 _2 Troftic 4 9 60 84 �G Part 5 7 21 16 Cl t I MEL_ Part 4 13 12 iC9 138 , Part 37 30 272 250 + • QoFZNG PARR 71 91 577 653 flTTO nr MTf,Twvvrr)vvA ArArR Part 1 4 4 17 11 Part ? 0 4 14 27 Adults Traffic 4 10 31 38 Juveniles 0____ Part 1 1 7 9 Citation 4 Part 4 2_+_ 4 27 44 Warninrf 0 Part 10 8 90 82 -- 211 •-ins TOTAL MTKA . BEACH _ 21 31 186 ...,,., ,. 587 626 4250 ng UK"1J 1 v1 ALJ _ TRAFFIC CITATIONS NON HAZARD TAGS 224 162 5 19 1426 44 1371 _ 97 5820 _ _ 5789 _-145330 TOTAL CON'Tt.CTS 816 607 Mileage ___ 15073 1 7186 147157 Inter -office Memo 84-160 DATE: October 19, 1984 TO: Mayor Butler, Members of the Council FROM: Chief Melvin Kilbo SUBJECT: Officer Friendly Program, Phase I Officer Steven Pearson, our Officer Friendly, has completed our first phase and his report is attached. I believe this is an excellant program that is reaping benefits. As you can see from the letter to patents, several students have taken Officer Friendly's advice regarding strangers. I wanted the Council aware of this fine program and the excellant work of Officer Friendly - Steve Pearson. Officer Friendly Program i Date: October 18, 1984 To: Chief Mel Kilbo From: Officer Pearson Subject: Officer Friendly Program, Phase I Phase I of the Officer Friendly Program was conducted on the 1st and 2nd of this month. This year I tried something new. Sgt. Jim Liddy of the Hopkins Police Dept. assisted me with his police dog Murph. I explained to the kids that police dogs are a very useful tool used in law enforcement. Sat. Liddy tl'en gave a short talk on varicus tasks performed by the dogs. Sgt. Liddy ar.d Murph then gave a brief obedience and agility demonstration. We then put in a skit of sorts. I put on an old shirt over my uniform along with a protective sleeve on my arm and pretended to be a "bad guy . Sgt. Liddy then did a mock felony vehicle stop on me. After the initial stop, I jumped out of the car and ran away. Murph then, chased me down and held onto my arm until Sgt. Liddy called him off. A brief question and answer period followed the demonstration. A11 kids 9-4 got to see Murph except the A.M. Kdan. who missed the program due to a schedule conflict. ( I was able to meet with the A.M. Kdgn. as planed but was unable to brine, Murph.) All in all the program went very well- Murph was a huge success. I feel the program is getting stronqer and we are seeing the results of the program rr:ore and more. There have been seieral reports of "strangers" in cars talking to young children at bus stops and alike and possibly trying to pick these kids up. The letter sent to parents of school children by Ron Gilbert, Associate Principal of the Middle School on 10-12-84 shows how successful this program czn be. (See attached) I'm sure the program will continue to be a valuable asset to the kids and parents alike. Phase II of the program will be near the end of January or the, first part of February. Teacher question and comment forms are not yet in for phase I, I will share this information with you :is soon as I have it. CO3cer Friendly is a r09IslN0Qlrad"a/k of The Sea's no~& Foundal-on CM"r Fr,and4V plowa"Ns off 6pors(06,1Dr coopotabn9 public prrrate OarochUl $chOM$ and thNr reswclwe peace and: or 5her,tt depa,JM,an%% rNrotigo4 ?ul me r at,pri ,n ,� CUoperalq-«,th the Sear$-%ab"ik FOYneil,on r— • ORONO INDEPENDENT SCHOOL DISTRICT NO.278 INDEPENDENCE - LONG"LAKE •'hWLE PLAIN . MEDINA-MINNETONKA BEACH • ORONO US OLD CRYSTAL SAY ROAD LONG LAKE, MINNESOTA E67E0 JAMES E.stITER 19MI. A. FENHOLT SUPERINTENDENT OF SCMOOLS ASS'T. TO THE SU►E RINTENOSNT (612) 473.7313 (012) 473-7312 October 11, 1984 hear Parents: This is an alertll Over the part several weeks, two middle school girls have been approached by a man offering them a ride. The Orono Police. Medina Police. West Hennepin Public Safety Depart - want and Nanus bus drivers axe aware of the situation. Wo license number has been reported as yet. However. the man drives a white, slid-siped car, possibly with blue strips. Re is in b1s late twenties to early thirtit appears unkempt, has a gap in his front teeth, has long hair. bangs and Bair over his ears. In addition to offering a ride. he has enticed the girls with candy ani balloons. Thanks to the training received through the Officer Friendly program, both girls reported the event to their parents and the school. Rather than making an announcement at school, which might tend to panic the chi?.dren, we are taking this means to inform you. If you have or geceive information relative to this~ matter* please notify your local police. Sincerely yours. Ronald E. Gilbert Associate Principal REG:bds cc: Mr. goiter, Superintendent Chief Rilbo. Orono Police Chief Sankey. Medina Police Director Franklin. West Hennepin Public Safety Dept. DR. II S. WINveR S1. V NELSON 61RS. MARVEL A- SONGANT NIGH SCHOOL P11WcIPAL MIDDLE SCHAOL FAINCMAL EL[MENTARV SCHOOL PRINCIPAL 413-5412 4731301 473 7311 C. 1VAVNE SMITH RONALD E. GIL*ERT IF. r.r.•rr. v.•�.. .. .. .re r.r .,rnq,t ll'YA(►1 PRI / #//,/ ff � /J-2aZ.�a te�e� . "rhas turd ras Braun Ar /onc f.urecksun a „mprtent(y skdW artist u h,,, due to purn(t sl.+, must drnu, u A her ntorth. Miss Earerkibn dretrrs !hat the 4uthur u( her creativity he glorified thr„uih her signuturr PT1. ..�. prwrs. Th. t , to �ou, TCom From Winona Senior Center Press LIFE BEGINS AI EIGHTY I have good news for you -- the first eighty years are the hardest; the second eightv, as far as my ex- perience goes, is a series of birth- day parties. Everybody wants to car- ry your baggage ind help you up the steps. if you forget your name, or anybody else's, you need only explain that you are eighty. Oh, yeah? If you put things away, then for- get where you put them and have to search for hours to find them - or forget what you went to the store to buy - it's all right, because you are eighty. If you repeat a story two or three times in one evening, every- one expects it, for you are eighty. If you act silly, it's your second childhood; everyone is looking for symtoms of softening of the brain.. At sixty-five or seventy they ex- pect ycu to retire to a little house in Hawaii and becowe a discontented, grumbling, liwping has-been. But, If you survive until you are eighty, everyone is surprised that you are alive, surprised that you can walk, surprised that you can drive a car, surprised that there are lucid in- tervals. At seventy, people are mad at you for everything. At eighty, they for- give you for anything. If you ask me, life begins at eighty! �Ilal,11lal�l/I�I�I�I�I�i�l�l/1�1�1/1• r 1"E ",TONKA SENIOK CENTER K HOME OF THE WFeTONKA SVNIORS, INC PRESIDENT - "D.:" Meier NF.WSLEITER IDITOR - Lucile Duffy 8:4EWSLETTF.R.ST4FF - Votress Cauvin Luc 111e Ekberg, fmma Kloss, Dottie Meier, Leona Peterson at Dorotny Rauachendorfer. ;CF.NrER COORDINATOR - tath. Bailey @'/I DIE 1s1/mt/1/1 t u ►� t £ ►++� Cornet CHICKEN BREASTS WITH DRESSING -- B. B:11dltr 6 chicken breasts (may use leg,; and Remove skin and pl_jt in greased i sserole. Sprinkle !, pkfz. Pi;ppt�ridge Dres- sing over chicken. (Use the crumbs, not t!1v cubes) Mix together 1 c'tr nws%,iroom soup, 1 can creae, ,.i f .#dar cheese 1 can milk Soup Heat Sours all(; m i l t rtit t her and pour over chicken .ar.' dr•.• ing• Bake covered It1 hc„t: -it 3500 Sometimes you may vary the kinds of soup - cream of celEr•, or cream of chicken. Use all breasts for 'company"! For an extra zip to your turkey gravy. use one-fourth qtp eta& ple cider for.every two cups of water. fAj Allow about one cup of stuffing per ,und r g pty. 1rt In nvy be put ut a greased casserole an, hour of co'oaing time. Baste .t with sot. , f� 1y� � i pan. Crushed peanut brittle folded tntri whipped c, :. 4 Maw good topping for pumpitin pie. -Scooped out orange hakes fIlit'd w 1 t h ran berry sauce are pretty BarnlslNa for the turkey plater. / /1/I/I■1■1/Illw H4PPV7i1A'VK�t:ti:r�r _ _ 0-0is oko-o-0 C. DUDLEY FITZ What a bummer, many might feel! gut not Dudlev Fitz. To be knocked -."t in the prime of life, was no oke. Now, how did it happen? Let's go back and Dick up the threads of Dudley's life. Many residents of Fairmont, Minnesota, mere able to observe those growing up years, where he was horn on July 30, 1921. A childhood inci- dent, recalled by Dudley, happen- ed when he was sixteen years of age. uis father, who was very active in scouting, passed on his love to his sort; this resulted in Dudley making the Boy Scout Jamboree in Holland in 1937. This had a profound effect on his life. The love of science was a natural °or Dudley while in school; no won- .'er that the ycars spent at Hamline and the University of Minnesota `.elped to bring out the potential 1n him. He received his Bachelor's Degree, later his Master's and his Ph.D. in Mechanical Engineering. The war years came. Enlistment in 19�2 also came. The Army Air Force had an eye on this chap.3ecau9e his Mechanical Engineering; train- :;sg, Uncle Sam made good use of him. Busy as he was, Dudley found an- other priority. Love has its way, and on June of 1949 C. Dudley Fitt and June Richardson (Jim's daughter) were married in Mound. To this _Zion, two boys and two Rirls added their happiness, Two urand- '_aug;hters are their pride and Joy. Varied types of work came into, play during these prime years. From an instructor in 'he Phvsics Dept. and in the Dept. of Mechani- cal Engineering at the U. of , became a lecturer and consultant for Cargill and ceneritl Mills. Other corporations found oil both coasts, Including several years at the Pentagon, used his stipertise. While accomplishing a project in Columbia, S.A., in the swamp area. a bacteria entered into Dudley's bloodstream and resulted in a series of strokes. However, the damage h-id been done. He was taken to the Walter Reed Arnsv lio--pital for care. And .are he received! Therapy for the 11.1 ,Ivsis of the body, to re- buildiny, his speech .t;td thinking processes, to improving his sight, for which he had boen defined as legal)-• blind. While in Washington, Dudley met a Fr. Walla,_e. who made a great im- pact on him. A neighbor totd him about classes oftercd to those who had their Ph.D. The Catholic U. accepted him and thus a great Irierdrhip was estahIishe (I between Fr. Wallace and Dudlev. The HISTORY OF SCIF'NCE class helped to bring; back some: memories of prior work skills;. Up to this time the memories had blanked out. In addition to the new life stim- ulated through the classes at the Catholic i;ctversity and the improve- ment t,f his physical and mental health at Waiter Reed Hospital, so too, tid the st. .-ch groups that had been formed for victims aid in fur- ther therapy for Dudley. When it was fea4ible, the family returned to lice in Minnesota. It was her(- that a variety of courses were allowed to rebuild the thinking proceuae% at t!,e University, while Dudley continued work in the chem- ical f ieli and ah a tat Lent ist. (Continue] fr'e"I P"9e 3.) During the dark days in Wash- ington, a big help came in the form of friends; doubtless, friend wife played a major role. Not only for comfort, but finding employment to supplement the income. June was hired with the drug enforcement for several years; when returning home, her knowledge held her in good stead. `A company in a western suburb asked .June to join them with her expertise. How apropos - the couple has found another comm)n interest. Dudley is so grateful for what he has been given. He has learned the art of shar- ing in such special ways. He has joined a Stroke Group at the University Hospital. Here a group of twenty to twenty-five vet- erans (half in wheel chairs) meet regular- ,ly for special activities. ( A goal of his is to assist others when- ever possible, primarily, the handicapped. Keeping busy is his priority. At present he attends classes at the University and takes time out to visit a young man at Twin Birch, who has lost his sight. It is a dream of his to have a group in `sound for those who have been victims -' strokes. The group would benefit `ro= the exchange of experiences with one another and how they can cope with their infirmity. This man's experiences have been ^.enomenal. How he has coped from the roes of total incapacitation to prac- tically full recovery; then going on to ite of assistance to others. Surely, it must be his great deter - 'nation, his sense of humor, his bright s=ile and faith in himself and in his Creator. that has helped put it all together. A great inspiration to all of us, Dudley. Thank youl Xq T"m GO, The minister asked a group of you"iten in a Sunday School class, "Why do you love Gods" Ne pf a variety of answers, but the one he liked best was from a fad who sa►d, "I di .n't know, Sir I r�ememLer% THE GYPSIES by I.J. MURPHY Seventy-six years ago, I was born on a 150 acre farm in the state of Michigan. Our tarm was a half a mile square with a 20 acre woods in the center. A lane went past our house and barn down to the woods and then meandered through the woods to the back fields. One day we were ail working behind the woods except my older sister, who was watching the house. On this particular day she saw a long line of covered wagons com- ing down the road. When they reach- ed our lane, they turned in - one a frer the other - finally stopping at our house. My sister, frigh,ened out of her wits , started ringing the "din- ner bell" for all she was worth. My folks, knowing it wasn't time for dinner, rushed in as quickly as they could. The head gypsy asked my father If they could camp in our woods for a few days. My father gave his permission, so they all paraded down to the woods where they set up camp. The first night as our "hired man was milking, one of them came in and told him my folks said he should give him all the milk which he did. When he came in the house empty handed, they asked him where the milk was. He told them what the gypsy said. You can imagine how he felt. The next night, when he was milking. in came the gypsy again with the same story. The hired man Jumped up. grabbed the pitchfork and chased him out of the barn - to the accompaniment of a string of hair- raising curses. They had about fifty horses which they had turned loose into our hay field. This was the last straw. My father ordered them off our land or he would call the sheriff. After thev left, we found feathers of all colored chickens you could imagine. That is how wypsies lived. r�� Qe s+onkq eSL Onc. 1(t ; -No vs m be r llff �---- EV31its rHE PRESIDENT'S MESSAGE 4- Again it gilt lroal .r medical. The indomitable spirit of co- community. Th. wcll:i.rivnte(I :l ,peration by the Westonka Seniors; ecreet;1nks wit: :nrllung Iapa- has struck attain. ; city, heart, blood pr%:!sure, .;la11- i s coma, (searing and diabetes. Flu ! , It has become apparent with the shots ($3.00) will al r.n he given. c superb acceptance of the hurry -up ,� Sign up f-ir day is a must. project of "lips" that has recent- - ly been finished. _ o?/tle_ t 10 25,000 "lips" were turned and Ae'Z:`4eG& stuffed in a short period of six weeks. It netted the "bu:! fund" Brim, .7 dish to share and stay � approximately $1500 for which we for cards. Half of $2.00 fee will � are extremely grateful. if go for van donation, the other hall for prizes. It makes us proud to be asso- ciated with such a dedicated group Sign up at the Senior Center by seniors, who are so willing to + 3:00 o'clock in the afternoon in give of their time and effort. order for table -setting. Once again, you have d1 ne what S' — /'L"� geA the Westonka Seniors are so noted ! ) r-� :or - willing cooperation and get- 1� ���-��� .1�&6/SC�.c S' Ling the job done. We salute you' Speakers on China. Middy Enst, Doc Meer Russia and Mcxico - 7:00 P.M. L Cost i�_ $5.00 for seni,�rK - $2.00 Zil.,Izo�.e ! l ; 2 smile can add a great deal BEEF MACARONI CASSEROLE BAKED HAM face value. BROCCOLI 6 CAULIFLOWER AU GRATIN POTATO PICKLED BEET SALAD STEWED TOMATO ter• OATMEAL BREAD/BUTTE,( BRAN BREAD/BUTTER '- CHOCOLATE MOUSSE/SUGAR GINGERBREAD/LEMON i 3 C LI�OiPI�L'ty �Q /�J LJsrl�iri/7�C WAFER TOPPING MILK MILK 5 7 8 9 ICAL1F. BURGER/BUN BBq CHICKEN :HOCK CHOWMEIN FISH - BATTERED ROAST PORK/GRAVY lettuce. tomato, catsup POTATO SALAD GREEN BEANS TARTAR SAUCE MASHED POTATO COILS PEAS PINEAPPLE CHUNKS CREAMED POTATO BROCCOLI CARROT -RAISIN SALAD CORNBREAD/BUTTER BRAN BREAD/BUTTER ORIENTAL "LXD VEGETABLE ROLL/BUTTER 11 FRESH FRCIT BUTTERSCCTCH PUDDING/ SPICE CAKE W. WHEAT BREAD/BUTTER PEAR SAUCE MILK TOPPING MILK LEMON SUNBURST MILK MILK MILK 12 13 14 15 tb SALISBURY STEAK IN HAM SPAGHETTI b MEATBALLS BAKED CHICKEN TUNA POTATO CASSEJ�LE NUSHROUM GRAVY HASH BRt.WNS PARMESAN CHEESE MASHED POTATO/GRAVY ITALIAN MXD VEGETABLE PARSLEY BUTTERED POTATO PEAS S CARROTS WAX BEANS PICKLED BEETS W. WHEAT BREAD/BUTTER SQUASH W. WHEAT ROLL/BUTTER TOSSED SALAD/ITALIAN BRAN BREAD/BCTTE.R DONUT RAISIN NUT BREAD TAPIOCA PUDDING/TOPPIN MILK DRESSING MILK APPLE PIE MILK EGG BREAD/BUTTER FRESH FRUIT.- MILK CHOCOLATE CHIP COOKIE MILK 19 THANKSGIVING 20 21 22 23 ?!FATLUAF ROAST TURKEY PORK CUTLET/GRAVY T G \ MA:IHED POTATO/GRAVY DRESSING/GRAVY AU GRATIN POTATO H I �' CORN :'RAONBERRY SAUCE WALDORF SALAD A CLOSED OATMEAL BREAD/BUTTER FRENCH STYLE GR BEANS W.WHEAT BREAD/BUTTER N I JELLY ROLL MXD FRUIT SALAD OATMEAL COOKIE K S N MILK DINNER ROLL/BUTTER MILK G 26 27 28 29 30 SWISS SPEAK IN TOMATO BAKED FISH BAKED CHICKEN TURKEY TETRAZ'INI BEEF BURGUNDY ,'AUCE TARTAR SAUCE MASHED POTATO/GRAVY BUTTERED CARROTS MASHED POTATO ' MXD. VEGETABLES MACARONI S CHEESE W.WHEAT BREAD/BUTTER V-8 JUICE SPINACH CORNBREAD/BUTTER GREEN BEANS TOSSED SALAD/DRESSING W.WHEAT ROLLS/BUTTER W.WHEAT BREAD/BUTTER FRESH FRUIT PINEAPPLE COLESLAW BIRTHDAY CAKE PLUM SAUCE FRUIT PIE MILK BRAN BREAD/BUTTER MILK MILK MILK BRUWtilE �lu..• t`� �.cs�Ifove m be r - 1 2 HOSTS: HOSTS: y- `/�`/' ✓L� �`r �/1/1'"1- ��tiNV1 Y E: H I E S No one ever injured his eye- R 0 U F S/ sight by looking on the bright side WARD of things. RE.CE.P: RECEP: �� �/ A.M. D.O'BRI:1N A.M. M.PAUMEN P.M. 1.BRA ''; P.M. M.RINE:S HOSTS: 5 HOSTS: 6 HOSTS: 7 HOSTS: B HOSTS: 9 FLATEN/ BAR'rOS/STRONG BURTONS KRE'1'LuW/LEWIS/ DAHL/BELT FISCHER H.EBERT ANDER.)N A.M. E. KELLY A.M. E.TRUTNAU A.M. B.PUTT A.M. L.EKBERG A.M. M.PAUMEN P.M. E.TULBERG P.M. MEETING P.M. D.MEIER Y.M. F..IFN'SEN P.M. B.GARDINI DAY HOSTS: HOSTS: 13 HOSTS: 14 HOSTS: 15 HOSTS: 16 M.6G. HODGE LANGNERS KLOSS/ Ki:ST/OLSON SUSAG/ KITCHAR TRUTNAU A.M. D.LEGAULT A.M. M.KOKESH A.M. E.HAARSTI A.M. L.EKBERG A.M. M.PAUMEN P.M. I.DONNER P.M. T.GAUVIN P.M. B.DUVOL P.M. F.JENSEN TRUTNAU P.M. M.RINES HOSTS: 19 SIMARS HOSTS: 20 BARTOS HOSTS: l RONGSTAD/ KRYSEL H 22 D.D Ht HOS S 23 P TTS r RECEP: 0�RECE:P: o RECEP: RECEP: R A.M. E.KELLY A.Y. M.KOKESH A.M. B.PU1'7 ABRI A.M. N. PAUMEN P.M. B.KUST M. A.MARTIN P.M. D.MEIER I'.M. NI 26 HOSTS: 27 C'STS: .' I il)STS: 29 HOSTS: 30 HOSTS: KNOTT/ SEIFERT/ KOHLS/ ROKUTANI/ I)EBNER/ SCHULER J. ANDERSON L. BLAKE RICL ZSCHUNKE RECEP: ECEP: ECEP: RECEP: RECEP: A.M. D.LEGAULT P.M. I.DONNER M. 1..MILLER M. E.HAARSI A.M. I.PEIERSON A.M. L.MILLER M. T.GAUVIN '.M. B.DUVOI. Y.M. D."IE.IER Y.M. B.KUST - RQ..e s 440_� Buffetfor a scrumptious variety of goodies. On to the Minnetonka High School for a delightful evening in "PARIS". Sounds like a great night! Cost is $9.00 and will cover everc- thing. Deadline is November 21st :or payment. After that date, the :a'tintr i�t tiill have the chance /Vo uc r►v.�E �t 3o rl _ AEACI is le C'.y.Pisrn�� �E,A/ USE Pass the word to your neighbor friends and relatives to visit our filled to the rafters Christmas Gift Shop Open House. loin in the holiday festivities and have a cup of special spiced cider and other good- ies while yuu browse fur your Christ- ma,� gift -giving. Time will be Friday 1!?:O0 - 4:00y).n. and 5aturdav- IO-nn BACK TALK Talking about yourself At parties isn't smart Others will do of for you s uwn as you depart ;8:30 G:1: ASSISTS I y : 00 "UL'kk Su b FIT" 30 ADV:SURY BOAP.D MEETING I 12 16:30 FUEL ASSIST. '9:00 "OVER 50 & FIT' I7:00 "Great Deci- SIONS" rAT QtIK:.1X - ;REAK R ON "MIDDLE EAST" 19 6.jO FCEL ASSIST. 19:00 "OVER 50 s FI1' A penny saved is a penn,, ea.ned, but if youth knew what age would crave, Tany a penny youth would save - - - 9.31 AGING SERIES 6 1:00 WESTONKA SR. CITIZENS, INC. MEETING erscAedu 9:00 "OVER 50 b 7 FIT" 11:00 FUEL ASSISTANC A ove 1 12:45 FILM FESTIVAL 1:00-4:00 FUEL ASSISTANCE 12:45 FILM 8 FESTIVAL 1:00 FUEL ASSIST. 7:00 "GREAT DECISION DR. RICHARD BOHC-- SPEAKER ON CHINA 13 14 ( 15 9:30 AGING SERIES 9:00 "OVER j0 b.IIT"I 12:45 FILM FESTIVAL il:30 BLOOD PRESSL'REi 1 :00 FUEL ASSIST. 1 :00 FUEL ASSIST. 7:00 "GREAT DECI- SIONS" CHL'tK KITCHIE - SPEAKER ON "RUSS10." 20 I 21 2- 9:30 AGING SERIES (9:00 "OVER 50 5 FIT"H A P P Y 12:90 THAN►:SGIVING I1:00 FUEL ASF1ST. I T E A N K S G I DINNER � I 7 2 9:00 "OVER 50 b FIT" 12:45 CARD PARTY 5:00 POT LUCK b CARD PARTY 9:00 "OVER 50 b 9 FIT" "12:45 CARD PARTY 16 9:00 OVER 50b 12:45 CARP P�IIFiY 7.00 P, o i I N G D A Y 23I i - C F N T E R WILD. BE C L 0 S E 1)- 26 27 28 29 15 30 FUEL ASSIST. 9:30 ACING SERIES 9:Ou "OVF.K 50 b FIT" .:00 FUEL ASSIST. I9:\� 1':00 BIRTHDAY PARTY _ "OVER 50 6 FIT' 11:30 BLOOD PRESSURE 1:00 FUEL ASSIST. Tex-, _ J)e FrAw)pe-' • 4:30 TR1P TO OLD MI(IEe lAE.xico i COUNTRY AND "PAR I S --------30I 9:00 OVER 50 b 10:00-8:00 FIT" CHRISTMAS OPEN FOR GIFT SHOP 12:45 CART) PART YI I.,- CZ£SS Nw 'Avg TUISA33 99 X09 'Old u0suou xDFQ -� t�. 1 100 I 0 j L `t a i '1:� ! .►:')SY\Vlt1 AddvH oy£s4 v. ouNNlw 'uNnow (1S'A311109 QOOMNA1 009S i. )I c. Lsia 'IUGH')S V)INO.LS3M UnINAS v3NOZS317 r e6r C 1 7' Ar ' y` V `l'1'E giir of oursekcs uficrt we give Ants of time; tOiclt ttv are im.nutc bui(Ars nf'mcre a0lold"Int (Wing '4. forOthe1s... giiv of ourmfirs ►tfien we 9itr-c Bijts of ttic fitirtd: ideas, dreams, purp,,ses, ideas, rrincip(cs, p(ans intentions, projects, poetr_y... `VVERi%-c o f ourselves Mien Ke give tl iI'r < of the spirin i prayri-, vision, beauty, aspiration. p-ace, jotth... `11'rE`give of oursclti�rs tt�(ien `tuts of t/ie heart: five, ondrtess, jot; understandtttq, svrnput►ty, 1 - - tL ctance, ftyrgizVnc�s. +►�,Srla � rea+,�,�. Oman l-- I t-cil I,— e ol-- FRENCH CREEK R.T.DCC.N0._ -- . FlY S iA SAY r,l as MAXIVELL'S 'A k;AYSTAL RAY. LAKE -W A P K L M: N N E T 0 N Pol JUN E TO N V. A $ % -7- f. 4 ? LLJ 'd u 7, vto N. s 4 b 10 M T L SCHOELL a MADSON INC. EIGIN- -s—c— -NNER5 CW 2 1--