HomeMy WebLinkAbout11-13-1984 Council PacketW NUTF.S OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBF14 13, 1984 PAGE I
ATTENDANCE 7:00 PM The Orono COUnCi I met on the above date. The following
Councilmembers were present: Mayor Butler, Council -
members Adams and Hammerel. Councilmembers Frahm and
Grabek were absent. City Administrator Benson was
absent. City Attorney Radio, City Engineer Cook,
Public Works Coordinator Gerhardson, Assistant Zoning
Administrator Gaff ron, Finance Director Kuehn, Police
Chief Kilbo, and Recorder Sutton represented the City
staff.
CRYSTAL RAY SEWER PROJECT
CONTINUATION OF PUBLIC
HEARING 7:00 - 9:14 PM Mayor Butler announced the continuation of the Crystal Bay
public hearing. Butler noted for the record a petition
that was received from the neighbors. The following
neighbors were present for the continuation of the
Crystal Bay public hearing:
John Story of 1233 Briar Street
Charlie Dobson of 1290 Arbor Street
John 6 Patti Worre of 1270 Arbor Street
Duane Glew of 1135 Brown Road South
Richard 6 Ardell.a Johnson of 1241 Brown Road South
Randolph & Peggy Lukanen of 1085 Brown Road South
Karen Bjerkeng of 1245 Arbor Street
Fred i Margaret Curtis of 2180 Prospect Avenue
Hilda i Olai Hanson of 1290 Railroad Avenue
Frank 6 Barbara Peterson of 1261 Arbor Street
Wayne Quast of 1205 Brown Road South
Alex & Diann Jentilucci of 1295 Briar Street
Steve Carlson of 1205 Arbor Street
Rick, Jan, & Bob "ohnson of 2170 Prospect Avenue
Norma Schnoon of 1220 Lakeview Avenue
Phyllis & Lawrence Symoniak of 1155 Brown Road So.
Mary b Jack Spence of 2040 North Shore Drive
Mary & Dan Crear of 1980 Sprites Avenue
George 6 Susan Rovegno of 2010 Shoreline Drive
Curtis 6 Katherine Quady of 1223 Brown Road So.
LaDean McWilliams of 1130 willow Drive South
Marvel and C.H. Sandgren of 1211) Arbor Street
Bob z Barb Braun of 1230 Arbor Street
Karin Zeeb of 1245 Lakeview Avenue
Judy Christenson of 1251 Brown Road So.
Maybell Kohl of 1224 Briar Street_
Mindy Pattee of 1355 Arbor Street
Rick Kieman of 1212 Briar Street
Oliver Engstrom of 1145 Willow Drive
Linda & Gary Printup of 1261 Briar Street
David Liesen of 1140 Willow Drive
Kevin Derry of 1115 Brown Road
Dianne Mattila of 1270 Bri.Ar Street
Patricia Drummond of 2160 Prospect Avenue
Mr. and Mrs. Herb Shepherd of 1335 Briar Street
Gail Stowe of 1250 Briar Street.
MINUTES OF THE REGULAR ORONO COUNCIL. MEETING HELD NOVE:MBER 13, 1984 PAGE 2
CRYSTAL BAY ShWER PROJECT
City Engineer Cook reviewed with the public the
proposed sewer line and lift station locations in the
Crystal Bay area.
One man suggested that the City assume the cost of
maintenance of the lift station thereby reducing the
cost of they whale sewer project.
City Engineer Crook stated that it co=ts the City
approximately $4,500 a year for the maintenance of each
lift station.
George Rovegno of 2010 Short line Drive suggested that
the when installing the sewer pipe, that the
contractors to be careful not to tear up the road which
would reduce the cost of the project.
City Engineer Cook stated that it is impossible to
install piping without tearing up the roads. Cook
stated that the City can just restore the roads to their
original state now rather than extending the roads.
Cook stated that this would cut the cost of the pt o ject .
Cook noted that the City could save money if they didn'+
have to pay for easements on private property. Coo;:
explained that it could cost approximately $10,000 pei.
unit if the City could cut the cost on the roads,
easements, and have cooperation f rom the neighborhood.
One lady suggested putting in water at ttie sarne titre as
the sewer.
City Engineer Cook responded that only sewer is planned
for the Crystal Bay area. Cook reminde(? the neighbors
that to put in water at the same time wc:uld increase the
cost of the project.
Alex Jentilucci of 1295 Briar Street suggested putting
in the water pipe, dry piping, in case it would be used in
the future.
City Enqi weer Cook noted that when a dry pipe sits for
one winter, the joints begin to compress.
Gary Printup of 1261 Bria Street asked what would be
the cost if the City didn't _`place they reads wit't 3" c:f
asphalt and just used 2" and also just pa.ed the
existinq size of the streets now.
City Engineer Cook explained to reduce the proposed
roads from 24' tc 18' it would reduce the Cast of the
pro.4ect approximately $100,030. Cook stated another
$50,000 could be reduced if the City were to use 2' of
asphalt. Cook informed the neighborhood that it would
be approximately $2,000 less per unit for reducinq the
st reec Leplacement proposal. Cock noted that another
area th. City could reduce the surer project cost ' y
$4:1,000 is to seed grass areas that wilt he torn up
,at
.her than i,ainq sod. Cook stated thit th# neightwctrs
could also tak6, care of their crnn yards and reduce- the
MINUTES OF THE REGULAR ORONO COUNCIL, MEETING HELD NOVEMBER 13, 1984 PAGE 3
CRYSTAL BAY SEWER PROJECT
Mayor Butler received a letter from the residents of the
Crystal Pay area noting their ideas for reducing the
proposed sewer project. Such letter is attached to
these minutes on page 13.
George Rovegno of 2010 Shoreline Drive asked who bears
the debt of the deferred assessments.
Mayor Butler replied the general tax payer.
One lady stated that according to the appraisals that
were done, there are still going to be a lot of people
coming below that appraised valuation. She stated
that in order for the City to avoid lawsuits, the City is
going to have to pick up part of the unit cost. She
stated that the option to assess the project 50-50, is
still going to be too much for each individual to pay.
She asked the Council to consider 30-70 option.
George Rovegno of 2010 Shoreline Drive presented a
letter in which he had conuuented on the appraisals that
were done on some of the properties in the Crystal Bay
area. Such letter is attached to these minutes on *gage
14.
Randolph Lukanen of 1085 Brown Road South stated that
when he bought his lot he called City Hall to see if there
was any potential sewer proposed for this area.
Lukanen stated that he was told that he would most
likely not be included in any potential sewer project .
One lady stated that they just put in a new septic system
under the direction that sewer wculd not be put in for
sometime.
Assistant Zoning Administrator Gaffron stated that
when people have called City Hall for information
regarding sewers in the Crystal Bay area, they have been
told consistently that there was no set timetable for
sewer installation and that, there was no immediate plan
to install sewer in this area, but it would definitely
be sewered if federal grant monies became available.
Gaffron stated that the situation has now changea, no
funding appears to be available, and there are problems
now which the neighbors who attended the previous
meetings felt warranted proceeding with the process to
determine the actual cost of sewering the area.
Alex Jentilucci of 1295 Briar Street stated that. the
majority of the people want the sewer, but not the high
assessments that the City is thinking of reposing.
Jentilucci stated that when they moved in it was their
distinct understanding that sewer would be installed
approximately 5 years from the date they moved in.
Jentilucci stated it has teen 6 years and the City is
still talking about potertial sewear, taut has taken no
action. J(•nf ili,c-cI atF_o that the C'ryrstaI Hay area
needs sewer.
MINUTES OF THE: REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 13, 1984 PAGE 4
CRYSTAL BAY SHWE:R PROJECT
One lady wanted to clarify the petition that was signed
by many Crystal Flay residents. She noted that the
petition was not any indication that the residents
don't want sewer, but that the neighborhood was opposed
to the method of assessment that th^ f7ity is considering
(Example 50-50 option).
One man noted that. there are many people who are
included in the sewer project that don't want sewer
because they don't have problems with their existing
septic systems.
Mayor Butler remarked that at the last meeting, one of
'lie Councilmembers asked staff to investigate how much
,.he general tax payer would have to pay if a portion of
,he project was spread across the general tax rolls.
Butler used an example of an Orono resident who had a
household income of $25,000 and if the property was
worth $75,00t', the addition to that individuals tax
bill would be $29.50 per year over the life of the bonds
(15 years). Butler used another example of an Orono
resident who had a net tax per year of $50, 000 and lived
in a $200,000 home; his tax increase for picking up half
the bill for this sewer project would be $41 .19 a year.
Butler noted these examples would be if the City was to
choose the 50-50 assessed option for the project.
Butler stated if the City was to pick up 70 percent of the
project, that same person at $25,000 a year living in a
$75,000 home would have an increase of $35.40 per year
over 15 years. Butler reminded the audience if any
portion of the project is put on the general tax rolls,
that they are also on the general tax rolls and world
also receive that increase in their basic real estate
tax.
George Rovegno of 2010 Shoreline Drive stated that
nothing says the City can't j:st pay for a portion of
this project out of the general budget and not assess
the general tax payer. Rovegno stated that way it
would, just mean that the City has to be more
conservative in the rest of its operations.
John Ericson of 1620 Shadywood Road stated that he is in
the sewer and water construction business. Ericson
noted if this should come to the point where the City
asks the general tax payer to pay for a portion of the
project, he personally would have no problem with an
additional $30 a year. Ericson stated that he would
object if the City doesn't put in a water main along with
the sewer line at the same time. Ericson stated that it
would be a waste if the City put in sewer now, and five
years from new had to tear up the streets aqain to put in
water.
MINUTES OF THE REGULAR ORONO COUNCIL. MEETING HELD NOVEMBER 13, 1984 PAGE: 5
CRYSTAL BAY SEWER PROJECT
Mayor Butler replied that there is no reason to put
water in this area. Butler explained that there is no
water towed, and the City would have to build another
water tower. Butler asked the Public Works
Coordinator if there is any block grant monies
available.
Public Works Coordinator Gerhardson stated that the
City receives $28,000 a year in block grant monies.
Gerhardson stated that the City can use this money for
sewer projects.
George Rovegno of 2010 Shoreline Drive reviewed with
the Council his letter he submitted at the meeting.
Such letter is attached to page 14 of these minutes.
Rovegno stated that the appraiser used a theory to come
up with the appraisals. Rovegno reviewed his letter
with the Council in which he believed the appraisals
were facetious and fallacious.
One man stated that the Crystal Bay area is unique. He
noted that the value of the houses are such that they
aren't going to increase $10,000 when they get ready to
sell their property.
Councilmember Adams stated that after seeing the
appraisals, he would be in favor of the 50-50 assessment
option. Adams noted that the Council should not take
any action until the other two Councilmembers can be
present.
Counci lmember Hammerel stated that the would be in favor
of the 50-50 assessment option.
Gary Printup of 1261 Briar Street asked the Council to
approve the 70-30 assessment option.
Mayor Butler closed the public hearingat 9:14 p.m.
Butler asked staff to bring back the following
information for the meeting of December 10, 1984 to
continue the Crystal Bay sewer project discussion:
1. The difference in cost if the City ised a grinder
puma.
2. The impact. of the cost on the project if the City
doesn't have to pay for easements.
3. Staff to be able to show where those easements are
to be taker from.
4. Staff to bring back figures as to how much it will
reduce the sewer project cost to reduce the size of
the proposed streets.
MINUTES OF TjiE ORONO COUNCIL MEETING HELD NOVEMBER 13, 1984. PAGE b
CONSENT AGENDA* Councilmember Hamrerel moved, Councilmember Adams
seconded, to approve; the Consent Agenda*, subject to
.item number 11 being removed for discussion, 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 (3), Nays (0).
APPROVAL, OF MINUTES* Councilmember Hammerel moved pl.^Councilmember Adams
seconded, to approve the minutes of the regular Counci 1
meeting of October 29, 1984. Motion, Ayes (3), Nays
(0).
APPROVAL OF MINUTES* Councilmember Hammerel moved, Councilmember Adams
seconded, to approve the minutes of the Canvassing
Board Meeting of November 7, 1984. Motion, Ayes (3),
Nays (0).
LAKE MINNETONKA CONSERVATION
DISTRICT REPORT There was no report from the Lake Minnetonka
Conservation District.
PLANNING COMMISSION
COMMENTS Gloria McDonald was not present. Planning Commission
member Rovegno was present but had no comment..
PUBLIC COMMENTS There were no commerits from the: public present.
1b1. JOHN ERICSON
1620 SHADYWOOD ROAD
DENIAL OF APPEALS
PETITION REGARDING
INTERPRETATION OF SUKD
REGULATIONS
RESOLUTION John Ericson was present. Ericson noted `hat his
attorney has written a lotto-.r to the City of Orono.
Ericson stated that he didn't receive the resolution
until today. Ericson stated that in his opinion, the
lots are combined for tax purposes only. Ericson noted
that on the tax statements there is a legal for each lot.
�.�s Ericson stated that he doesn't consider this a
istent, subdivision. Ericsc.n states: that it. is consistent
with the neighborhood and is not a detriment to the
neighborhood.
City Attorney Radice stated since Ericson's attorney
didn't have time to review the resolution and that the
City hasn't received the attorney's letter, the City
should table action on the resolution.
Councilmember Adams moved, CouncilmernLer Ham erel
seconded, to table the Ericson application until
November 26, 19H4, Council meeting. Motic.n, Ayes (3),
Nays (0).
MINUTES OF THE REGULAR ORONO COUNCII. MEETING HELD NOVEMBER 13, 19H4 PAGE 7
1861 STEVEN PAULY
3980 DAHL ROAD
VARIANCE Steve and Suzie Pauly were present. Assistant Zoning
Administrator Gaffron stated that at the last Council
meeting, Council asked Steven Pauly to reduce the
hardcover on the property by reducing some gravelled
areas and existing shed.
Councilmember Adams stated that he would prefer to have
zero percent increase in hardcover.
Mayor Butler suggested trading off hardcover in the 75-
250' setback zone and crediting this trade off to the 0-
75' setback zone.
Mayor Butler moved, Councilmember Adams seconded, to
table action on the approving Resolution for Steven
Pauly to allow applicant time to reduce hardcover so
that there is a zero percent increase in hardcover.
Motion, Ayes (3), Nays (0).
#869 JAMES PHELAN
1231 WII-^BURST TRAIL
FRELIMIN RY SUBDIVISION James Phelan was not present at the time the Council
reviewed his application, but he was present at the
beginning of the Council meeting. Recorder Sutton
noted that James Phelan had called the of f ice and noted
that he would not be able to attend the meeting.
Mayor Butler moved, Councilmember Adams seconded, to
grant preliminary approval of a two lot plat
application of James Phelan finding all standards of
the LR-1B zoning district have been satisfied and that
the property has been assessed two sewer units and sewer
is available; such approval is subject to the following
conditions:
1. Future owners of Lot 1 must apply for a land use
permit from the City if a guest home use is proposed
for structure referred to as shed on preliminary
plat.
2. Payment of park fee for newly created Lot 2 at
$100.00.
3. Future owner of Lot 2 must have new access to site
approved by the Public Works Department.
4. Plans for sewer connection to Lot 2 must be reviewed
prior to assurance of a building permit for new
residence by the Public Works Department.
5. Sewer unit fee of $22 ) must be paid with bui Idinq
permit for L,at 2.
Motion, Ayes (3), Nays it)).
MINUTES OF THE REGULAR ORONO COUNCII. MEETING HELD NOVEMP.ER 13, 1984 PAGE 8
#871 WILLIAM MIELF.NZ
3435 CRYSTAL BAY ROAD
VARIANCE
RESOLUTION 11696 William Mielenz was not present.
Mayor Butler noted that when the Planning Commission
reviewed this application, there were some comments
from the neighbors as to the drainage problem
surrounding this property. Butler noted that she
would like this cleared up before building permits are
issued.
Mayor Butler moved, Councilmember Adams seconded, to
approve Resolution #1696, A Resolution Approving A
Variance to construct a deck within the 75-250'
lakeshor^_ setback zone. Motion, Ayes (3), Nays (0).
l872 BRECKENRIDGE DEVELOPMENT CORP
1200 OLD CRYSTAL BAY ROAD
PRELIMINARY SUBDIVISION
RESOLUTION #1697 James Bartlett was present to represent Breckenridge
Development Corporation. Asst Zoning Administrator
Gaffron noted that the Council must first approve a
Resolution to allow hookup ►.o MWCC's sewer line.
Councilmember Adams moved, Mayor Butler seconded, to
approve Resolution #1697, A Resolution Approving a
Special Exception to Rural Sewage Treatment Policy No.
7 of Orono's Comprehensive Sewer Policy to permit one
sewer connect ion at 1 20C Old Crysta 1 Bay Foad . Met ion,
Ayes (3), Nays (0).
Mayor Butler moved, Counc'lmember seconded, to grant
preliminary approval of a two lot plat application of
Breckenridge Development Corporation finding all
standards of the RR-1B zoning district have been
satisfied and that the City approved a sewer connection
to existing metro gravity line based on the findings in
Resolution #1697; such approval is subject to the
following conditions:
1 . Payment of a $225 sewer unit charge with bui lding
permit application.
2. Dedication of -ight-of-way in addition to the
triangle (25')at the intersection of County Roads
84 and 51 as shown on plat.
3. Designation and dedication of 2 0 ' drainage
easements along east and south property lines--
C:ty to acquire Flowage and Conservation easement
over drainage Basemen+s.
MINUTES OF THE ORONO COUNCIL. MEETING HELD NOVEMBER 13, 1984. PAGE 9
#872 BRECKENRIDGE DEVELOPMENT CORP
4. Payment of park fee for newly created lot of
$200.00.
5. Access to new lot must be approved by Hennepin
County Highway Department --access permit must be
submitted with building permit application.
Motion, Ayes (3), Nays (0).
1873 LEO CLIFFORD
4760 NORTH `:MORE DRIVE
VARIANCE
RESOLUTION f1698 Leo and Neila Clifford were present.
Mayor Butler asked if this property had been offered to
the adjacent property owners.
Leo Clifford stated that the property has been for sale
for two years and is currently for sale.
Councilmember Adams stated that the City should
distinguish this variance from the other variance they
are reviewing and planning on denying. Adams noted the
following to distinguish the Clifford's application
from other variances:
1. No alternate use for the property.
2. Not a self imposed hardship.
3. Adjacent property owners were offeredthe Ian( -'for
sale.
Councilmember Adams moved, Councilmember Hammerel
seconded, to approve Resolution #1698, A Resolution
approving a Variance to construct a new home, subject to
changing item /3 in resolution to read "No other
adjacent land is available and there appears tv be no
*0 alternate use of the property" and subject to staff
411` adding langu,)ge to include additional right of way to be
acquired in resolution. Motion, Ayes (3), Nays (0).
ALEX J=Wl[LOCCI
DRAINAGE TILE PROBLEM Alex and Diann Jentilucci of 1295 Briar Street were
present. Jan and Bob Johnson of 2170 Prospect Avenue
and Fred and Margaret Curtis of 2180 Prospect Avenue
were also present.
Mayor Butle, noted for the record that the Jentilucci's
have been, added to the agenda as item 010A.
Public Works Coordinator Gerhardson explained that
this is a underground drainage t le in tine Crysta'. hay
area which runs from Jentilucci's under the rose! to
Dayton's property. Gerhardson stated that it is on
private: proEx-rty. Gerhardson noted that the arainage:
ditch nets all the drainage from the Crystal. Bay area.
MINUTES OF THE ORONO COUNCIL. MEETING HELD NOVEMBER 13, 1984. PAGE 10
Gerhardson stated that a couple of years ago the City
replaced the culvert and created a ponding area for the
drainage. Gerhardson stated that the ,Tentiluccils
want something (lone with the tile line.
Alex Jentilucci of 1295 Briar Street showed the Council
pictures of the drainage problem. Jentilucci noted
that the drainage di cch =.s being used by all of Crystal
Bay, approximately 10 acres. Jentilucci noted that
the City Aid put in t}--drainage ditch and the City
should have to mai nt .: -, ..h( ditch. Jentilucci stated
that at one time the City ..-s maintaining the ditch and
then quit the maintenar.:!-- of the ditch after replacing
the culvert a couple of years ago. Jeniilucci asked
the City to take care of the problem and clan out ditch
area. Jentilucci noted that al l he wants is the street
to disappear from his survey.
Jan Johnson of 2170 Prospect Avenue stated that she used
to call the City to come and clean out ditch area.
Johnson stated that when she stopped calling the City
stopped maintaining the ditch area.
Margaret Curtis of 2180 Prospect Avenue-, stated that the
City caused the water flow problem when the City
replaced the culvert. Curtis stated that the City put
in the culvert along time ago and theCity should have to
maintain it.
Councilmember Adams explained that Dayt -)n has teen told
by the City to maintain his end of the cu_lver.t, and the
neighbors here sho jld have to maintain t.•eir end.
Adams noted that this is private property.
Diane Jentilucci of 121-15 Briar Street stated that the
City s:iould clear up their legal description problem.
Mayor But ]or asked there are other people with drainage
problems 1-1 the City that would want their problems
solved if the City was to maintain this culvert.
Butler also asked the City Attorney to research to see
if the City would be setting an adverse )recedent by
taking over the maintenance of this drai -ge tile.
Public Works Coordinator Gerhardson stated t, -t there
are several other drainage problems in the t:.ty.
City Attorney Radio arcked that the matter be. tableo no
that he may do a review and suit a legal opinion to the
Council. Radio noted that this could be setting an
adverse precedent if the City was to take over
maintenance of this when it. is on private property.
Radio noted that it 4 s not up tc the City to clear up
Jentilucci'& legal description.
MINUTES OF THE ORONO COUNCII. MEETING HELD NOVEMBER 13, 1984. PAGE 11
Mayor Butler moved, Councilmember Adams seconded, to
table action on this drainage problem until December
10, 1984, to allow the City Attorney to review this and
submit a legal opinion. Motion, Ayes (3), Nays (0).
SALARY ADJUSTMENT -
SUE BOBZ I,EN i CAROI.
HANSING Police Chief Ki_lbo was present. Councilmember Adams
explained that he had this item removed from the Consent
Agenda* because he wanted to clarify the policy on
salary adjustments. Adams asked why she just doesn't
get a raise after the first of the year.
Chief Kilbo explained that Sue Bobzien wav of given a
raise after her one year of performance which was in
August.
Mayor Butler noted that the ra:se should go into effect
as of her first year anniversary date ;n August.
Mayor Hutier moved, Councilmember Adams seconded, to
approve a salary adjustment for Sue Robzien effective
Aug st 15, 1984 from $7.53 to $7.83 per hour and Carol
Hansir-g salary adjustment from $6.00 an hour to $6.24 a
hour effective November 19, 1984. Motion, Ayes (3),
Nays (0).
JULY, 19'4 MONTHLY L
YEAR-TO-DATE SUMMARIES
01' RECEIPTS* Councilmember Hammerel moved, Councilmember Adams
secondeO, to approve the July, 1964 Monthly and Year -
to -Date Summaries of Receipts, Disbursements and
Balances prepared by Finance Director Fuehn. Motion,
Ayes (3), Nays (0).
AUGUST, 1984 MONTHLY i
YEAR-TO-DATE SUMMARIES
OF RECEIPTS*
Councilmember Hammerel moved, Councilmember Adams
seconded, to approve the August, 1984 Monthly and Year-
to-D.3te Sumn.arisa of Receipts, Disbursements and
Balances prepared0 yrFinance Director Kuehn. Motion,
Ayes (3), Nays (0).
AUGUST LIQUOR STORK
OPERATING REPORT*
Councilmember Hammerel moved, Councilmember Adams
seconded, to approve the monthly August liquor Start,
Operating Report prepared by Finance Dire(tor Kuehn.
Motion, Ayes (3), Nays (0).
SEPTKMNRH LIQUOR SToRk.
OPERATING; REPORT*
Councilmember Hammerel moved, Councilmember Adams
seconded, to approve the monthly September Liquor Store
Operating Report prepared by Finance Director Kuehn.
Motion, Ayes (3), Nays (0).
MINUTES OF THE ORONO COUNCIL MEETING HELD NOVEMBER 13, 1984. PAGE 12
CASH i INVESTMENTS
AS OF SEPTEMBER, 1984* Councilmember Hammerel moved, Councilmember Adams
seconded, to approve the cash a,►a investments as of
September 30, 1984, report prepared b-, Finance Director
Kuehn. Motic-, Ayes (3), Naps (0).
ARBITRATION AWARD
(LELS) LAW ENFORCEMENT
LABOR SERVICES - CONTRACT
APPROVAL* Councilmember Hammerel moved, Councilmember. Adams
seconded, to approve the report and contract prepared
by Police Chief Kilbo (LELS) Law Enforcement Labor
Services. Motion, Ayes (3), Nays (0).
CARMAN STREET SEWER
PROJECT REIMBURSEMENT* Councilmember Hammerel moved, Councilmember Adams
second to approve the Carman Street Sewer Project
ReimbL ant of $3,500 to Richard Edwards of 2480
Carman et and Edward Lehman of 2470 Carman Street.
Motion, .,es (3), Nays (0).
PUBLIC BEARING
DECEMBER 10, 1984
7:00 PM* Councilmember Hammerel moved, Councilmember Adams
seconded, to approve the public hearing to be scheduled
for December 10, 1984, at 7:00 p.m. concerning the
Transfer Funds of CDBG. Motion, Ayes (3), Nays (0).
CITY ATTORNEY'S REPORT
COLLECTION OF FEES City Attorney Radio asked that this be discussed in
executive session.
BILLS* Councilmember Hammerel moved, Councilmember Adams
seconded, that the All Funds Accounts and Liquor Store
Accounts be paid. Motion, Ayes (3), Nays (0).
F.DJOURNMENT 11:19 PM Mayor Butler moved, Councilmember Adams seconded, to
adjourn the regular Council meeting at 11 :19 p.m. and to
enter into executive session. Motion, Ayes (3), Nays
(0).
ATTEJT:
A,> of y A Ha 111 n, d1Vp(4Vy` q k—Maar-`y C. B4t er, Mayor
City Cle
Qorn fed 11 �1 � -g� CburC� I M 4
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 13, 1984 PAGE 13
'ITI?"I:'S i.':77". , CCVCFt?I:I'+ TVE
CRYSTA] T';Y SSl^-R ''T?C. ECT
As ^erl.-rs of ti,e Cr.•stal Ccm urit:; af`'ectcd }•; the prnno.^.ed
sever project for 19F5, %e 'iave o!:tlii;ed five cb ectives we feel
V.e City of (rono must achieve he_frre procredirl- with the nro,`ect.
Cur petition arainst the proposed sewer project,-nder the three
payment npti: ns, reflects the opinion of �" out of r'3 households.
t•'e telieve t=is ie d significant numler and urge the Citv of Crcnn
to consider V!..e fc).owin,- objectives:
1. :'icer•ir of the roads and ar?riinC curbir.Y should
to eli ^'.nated
2. Alternative plans for the sewer system that ma- b-?
lers e.:ptnsive shc,uld to investiCat.ed
3. The City of' Crcnc must resolve to pa•i a portion of
tl,.e cost so as nct to create ar undo hards1� in en
the residents cf Crystal Pay
b. IncludinE other areas in the prof, ect should tie
considered if this will lower the rwr unit cost
ff ti.e rrc'e-t
c'. An assurance frc,-i the "Aty that provisiors twill
e �;idu for thc,Fe una'rle to afforc t',e arsers�ent
As a community, we wish to express to the Cite .'cuncil our desire
to coo,-erate is findini- rearenatle and practical solutions that we
as well as the City car; accept.
MINUTES OF `111; REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 13, 1984.PAGE 14
2010 Shoreline Drive
Orono, Minnesota
November 13, 1984
Orono City Council
Crystal Bay Minnesota
:n the matter of the Public Hearing on Sanitary Sewer in the Crystal Bay Area:
Comments in addition to my letter of September 16, 1984.
Issues:
1. Compliance with Community Management Plan
2. Design and Cost
3. Farrell appraisal "Theory"
4. Benefit Analysis
1. Compliance with Community Management Plan (CMP)
The CMP directs that the instailation of sanitary sewer shall not
impose hardship on the residents or city. This project may not be
undertaken without satisfying this requirement.
2. Design and Cost
Table 1 - details some of these factors:
Table 1
A. 24 foot wide proposed road,
with berm curbs.
B. Total gravity system proposed.
J
A. 1. No one wants or needs wider
roads or curbs.
2. Wider roads have inherently
higher installation and
maintenance costs.
3. Increases hard cover
unnecessarily in Lakeshc-e
district.
B. 1. A limited number of residences
on low ground necessitate extra-
ordinarily deep piping at great
expense.
2. Addition of a limited number of
"grinder" pumps could reduce the
depth necessary and reduce capi-
tal expenditure.
C. Proposed mains are located within
the paved roadway.
D. Engineering, administrative fees of
25%.
E. Exclusion of abutting properties
served by project mains e.g. Art
Center.
TABLE 1
C. 1. This increases road replacement
costs and pipe installation costs.
2. This is unnecessary in many cases
since the 16 ft wide (average)
roads lie on 40-60 foot wide
rights -of -way.
3. The reasons presented for this
plan is that sewer accesses are
"easier to find in the winter" and
"will not require acquisition of
easements."
D. 1. Other cities, eg. Victoria pay 15%
fees.
E. 1. Raises per unit costs
2. MUS.A line immaterial, ref. Old
Crystal Bay Road.
F. Other issues: 12 dead end pipes F. 1. We need a qualified review to
(is this excessive?); double piping reduce costs.
in front of Council Chambers (Is
this necessary?); accuracy of cost
estimate (recent bidding has exceeded
engineering estimates.)
3. Farrell Appraisal "Theory"
While substantial issue may be taken with the absolute numbers provided
and his choice of comparable properties is at the very least seriously
flawed, Mr. Farrell has used a "Theory" to arrive at his conclusions
that has no basis in fact, reason, or real estate appraisal practice.
";he value conclusion estimate for the subject system is based on _theory
that a property with a private system would sell in the lowest range
t►*. estimates. Conversely, a residence with a public sanitary, sY6ttm
and'new road ways sell in the higher end of the range." (Emphasa6,,�
added.)
In practice he concludes that if his three questionable private system
comparable properties have "values" of, for example, S50,000, S52,000
and S54,000 an the public system comparable properties have "values" cf
S56,000, $58,000, and S60,000; the before and after values are S50,000
and S60,000. This is fallacious logic, has no basis in fact or practice
and is a self -admitted "theory."
An equally reasonahle (or unreasonable) theory would be to conclude;
based on housing demand in Orono both with and without public systems
that the private system property would sell in the highest range because
it is located near to Lake Minnetonka, the School District, and City of
Orono, with its excellent septic systcm administration, while the public
property would sell in the lowest part of the range since it really
offers no practical additional benefit. In practice, properties in the
11')sowered parts of Orono; the Farm at Long Lake, Green Trees, Webber
Hills, the developnents along Old Crystal gay Road and Willow Drive,
Foxhill and the Pink Palace property to name a few sell at premium
market prices when contrasted to nearby sewered areas in towns such as
Long Lake.
4. Benefit Analysis
Once a reasonable, rationale increase (or decrease) in property value is
determined the analysis 4 benefit accruing to the property can begin.
Positive benefits are:
1. Increase in property value
2. ?
Neaative benefits include:
1. capital costs
2. interest costs (less tax benefits)
3. installation costs
4. S.A.C. Fee, permits
5. loss of value in existing functioning septic system
6. cost of decommissioning existing septic system
7. decrease in property value, e.g., loss of trees, creation of
easements.
8. increase in operating expense
9. increase in property taxes (less income tax benefits).
For ^xample, obtaining an unrealized S10,000 increase in property value
at a cost of $20,000 is a S10,000 negative benefit.
Table 2 provides an illustration of the principle and does not purport
to be actual numbers.
TABLE 2
(ASSET)
Positive Benefit
Increase in value S10,000
Income tax benefit (33%)
- interest expense 1,500
- real estate tax 1,300
Total S12,800
(LIABILITY)
Negative Benefit
(over 15 years)
Assessment
Interest
Installation
SAC fee
Loss of value of
functioning
Septic system (50%
depreciated)
Decommissioning old
system
Increased operating
expense (net)
Increased property
taxes
Total
S5,000
4,520
1,000
425
2,000
500
867
4i000
S19,312
Net Benefit (S5,512)
(net worth)
Conclusions
1. The Crystal Bay Area should receive sanitary sewer.
2. Installation should not impose a hardship on the residents.
3. Design and cost must be carefully evaluated to assure that we obtain a func-
tional system at the lowest reasonable cost.
4. Property value conclusions should be arawn from real data not
"Theory."
5. Benefit analysis must be total and complete, not piecemeal or selective.
Sincerely,
George F. ove9 o, Jr.
St -;an J. Rovegno
LL
AGENDA FOR COUNCIL MEETING SET FCR TUESDAY, NOVEMBER 13, 1984, 7:00 P.M.
(*) Asterisk i t(?ms are considered to be routine items to be enacted upon by one
motion by the City Council under the Consent Item* on the agenda.
Discussion will be held upon request.
ROLL CALL
1. Continuation of Crystal Bay Area Sanitary Sewer Imp rove nent Public Hearing
7:00 P.M.
2. CONSFW11 AGENDA*
APPROVAL OF MINUTES
* 3. Regular Meeting of October 29, 1984
* 4. Canvassing Board Meeting November 7, 1984
PARK COMMISSION COMMENTS
LAKE MINNETONKA CONSERVATION DISTRICT REPORT
PLANNING COMMISSION COMMENTS - Gloria McDonald Representativ-z
PUBLIC COMMENTS
ZONING ADMINISTRA'POR'S REPORT
5. #311 John Ericson, 1620 Shadywood Road - Denial of Appeal.- Petition
Regarding Interpretation of Subdivision Regulations - Resolution
6. #l861 Steven Pauly, 3980 Dahl Road - Variance - Resolution
7. #869 James Phelan, 1231 Wildhurst Trail - Preliminary Subdivision
8. #I871 William, Mielenz, 3435 Crystal Bay Road - Variance - Resolution
9. #872 Breckenridge Development Corp, 1200 Old Crystal gay Road
(a) Request to Sewer New Lot - Re3Jiution
(b) Preliminary Subdivision
10. ##873 Leo and Neil.e Clifford, 4760 North Shore Drive - Var- ance -Resolution
l C rl tl I t'X JC" , l' /u (Ir / - cl"ti' iiUC�4 /I fit' / Do, ye.4
CITY ENGINEER'S REPORT ✓,
MAYOR'S REPORT
CABLE TV REPORT
TRANSPORTATION REPORT
CITY ADMINISTRATOR'S REPORT
*11. Salary Adjustment Sue Bobzien, Police Secretary and Carol Hansing, Police
Part Time Secretary
*12. July 1984 Monthly and Year to Date Summaries of Receipts, Disbursements and
Balan,_es
*13. August 1934 Monthly and Year to Date Summaries of Receipts, Disbursements
and Balances
*14. Monthly Liquor Store Operating Report - August
*15. Monthly f.iquor Store One. 'ng Report - 5e tember
*16. Cash ant] Investments as of Septeml)er 30, 1984
*17. Arbitration Award - (LEIS) Law Enforcement Labor Services - Contract
Approval
*18. Carman Street Sewer Project Reimbursement
*19. SchedulF. Public +i ,firing December 10, 1984, 7:00 P.M. Transfer 'Funt]S
A'4NOUN'_'t PUBLIC Ht;hVlll�;
COUNCIL MEETING
NOV 13 1984
CITY OF ORONO
70: Orono Council
FROM: John Gerhardson, Public Works Coordinator
DATE: November 9, 1984
Just a reminder that the council meeting is Tuesday the 13th because of Veterans Day
on Monday the 12th.
AGENDA FOR COUNCIL MEETING SET FOR TUESDAY, NOVEMBER 13, 1984, 7:90 P.M
CITY ADMINISTRATOR'S LETTERS AND MEMOS
CITY ATTORNEY'S REPORT
20. Policy Review - Collection of Fees
LICENSES (21*)
BILLS (22*)
ADJOURNMENT
CITY of ORONO
Post Office Box 660Crystal Flay, Minnesota r)NiZi• 4unicipal Offices
On the North Shore of Lake Minnetonka
COUNCIL MEETING
NOV 13 1984
NOTICE CITY OF ORONO
Crystal Bay Area Residents
Please be advised that the coritinuation of the Public Hearing
for the propose,1 Crystal Bay Area Sanitary Sewer scheduled
f.,i October 79, 1984, 7:00 P.M. has been rescheduled for
November 13, 1984, 7:00 P.M.
The reason for rescheduling is because the property appraisals
will not be completed until November 9, 1984.
John R. Gerhardson,
Public Works Coordinator
W11UIN(j • ZONW, 4734.157 • 47) 7)54 • ►t KK WORKS 4'1 7.159
4 SSF %SIN(
TO: City Council
FROM: John R. Gerhardson, Public Works Coordinator
DATE: November 9, 1984
SUBJECT- Appraisals Crystal Bay Properties
At the September 24, 1984, public hearing for the Crystal Bay sanitary
sewer Council directed staff to contract with a private appraiser to
appraise 16 properties in the Crystal Bay area to determine before and
after values if a sewer project is constructed.
I have listed the property address and thr• before and after values from
each appraisal. The actual appraisal report will be available for
review Tuesday evening, November 13, 1984, 7:90 P.M.
APPRAISAL COMCARISONS OF
OF CRYSTAL BAY SEWER PROJgc,r
Incr.
to Value
Before
After
$ Incr
of Property
1390
Railroad Avenue
56,100
62,400
6.306
11.2%
i115
Willow Drive
80,200
89,700
9.500
11.8
1165
Brown Road
11s,4d0
130,700
15.300
13.25
1270
Briar Street
53,500
59,700
6.2.00
11.5
1295
Arbor Street
58,000
6b,700
8.700
15.0
1223
Arbor Street
53,600
e2,000
8.400
15.6
1285
Arbor Street
80,000
84,900
4.900
6.
1290
Arbor Street
19,000
87,500
8.500
10.7
1233
Briar Street
92,500
100,700
3.200
8.8
1220
Lakeview Avenue
77,500
80,600
5.100
6.7
2060
Spates
113,000
124,000
11,00(1
9.7
1085
Brown Road South
80,000
88,000
8,390
10.3
2150
Prospect Avenue
77,800
45,400
7.600
)2.F,
1295
Arbor Street
99,500
112,000
12,700
12.5
1380
Briar Street
18,900
64,900
6,d0A
lib.[
2010
Shoreline give
158,000
171,500
13,500
6.5
Toe Orono Council Members
Front John R. Oerhardson, Public Works Coordinator
Oates November 13, 1984
Subjects Petition - Crystal Bay Area Sanitary Sewer
Attached is a petition from 68 Crystal Bay area residences,
received November 13, 1984.
The entire list of names is in the file of the Council
minute recorder.
We the undersigned do not want sanitary sewer installed unuer• the proposals
offered at the Orono City Council meeting Monday, September 24, 1984. The
proposals are option 1, option 2 and option 3.
Name Address
We the undersigned do not want sanitary sewer installed under the proposals
offered at the Orono City Council meeting Monday, September 24, 1984. The
proposals are option 1, option 2 and option 3.
Name Address
oe
r
J
�e n S b,)
217 At-%ov
-2'7
),A&1 5R149 .4451- --
1VI
t� E_i P
We the undersigned do not want sanitary sewer installed under the proposals
offered at the Orono City Council meeting Monday, September 24, 19814. The
proposals are option 1, option 2 and option 3.
Name Address
r e 11Y i c� �iVr1 ^ 1 1 � � i V �-1 • ... 1[ .bl (1 il� A J P�
:�44)
Y
We the undersigned do not want sanitary sewer installed under the proposal
offered at the Orono City Council meeting; Monday, September 24, 19814. The
proposals are option 1, option 2 and option 3.
Name Address
.A l _ n-I1-9 . ii _ . _ , it
a41--
Metno #84-65
TO: City Council
FROM: Tom Kuehn, Finance Director
DATE: November 2, 1984
SUBJECT: Financing 1984 Improvements - Showing Three Tax/Assessment
Options
At the public hearing on September 24, 1984, Council requested certain
information regarding finan,cingthe Crystal Bay sewer project. Three
alternatives were requested regarding assessment and tax levies.
These were 50% assessments and 59% taxes, 75% assessments and 25%
taxes, and 100% assessments. Our financial consultants from Ehlers
and Associates have prepared these estimates, along with an estimate
for total bonds required, a projected debt redemption schedule, tax
levies required, estimated assessment per household, and the impact on
the property taxes based on various incomes vs home market values. I
have enclosed this information so you have ample time to review it and
to clatify any questions you may have. The enclosed information is
based on a total bonded requirement of $1,200,090. If this amount
increases or decreases it will affect the schedules. If you have any
questions please call me.
FIgsi NAr; ONALIF:HLEKS AND pp /�!
I-SOO "NC CONCOURSE 507 MAgOUEiTE AVE A-SSOCIATF. S, INC,
"INNEAP FINANCIAL
°��S• tiiINNESOTA 554pg SPECIALISTS
October 11, 1984
339.9291 (AREA CppE 6121
Amended October 31, 1984
Tom Kuehn
I
Financing Director
Orono city Hall
;'J I NOV I 19� ;
Box 66
Crystal Bay, MN 55323
Re: Financing of 1984 Improvements; Showing Three
Assessment Options
Dear Tom:
From thl, information you bond issue based on 15 Provided
years. we have structured a possible
improvement
Exhibit
1.00 lists items provided interest duringto make up a $1,200,000
are collected, construction issue. You will
construction We Gated the issue to
pay bond You
note we have
bids will be November 1, 1984 until assessments
taken or when not knowing at what
If construction begins the sale would take place. time
numbers in g and bonds
Exhibit 1.00 are sold In late s
Invest the bond proceeds Should still be re Pring or early summer,
November to the over the winter presentative as the the
time actthe interest from
when bonds are Period and offset City could
Assessments and mill rate for Cit funds are
spent.
pre
We have 's share ually sold and
and 502 tpared tax impact exhibits
axes (Exhibit 3.01), (2) 75% which
asscssroents aand 25Z taxes (Exhibit 3.02).reflect (1) 50% assessments
The exhibits show the effect of
1985. It shows the the
Mills for the j net tax without tax levies as if the
left project, and t�?peO.lect and the y had been levied
column "Assessor' the d.iffet+enc�,f net tax with in
property. Then read s "Market To use the table t}1e added
the Value" for the value 100„
net amounts (tax under the
You under household statement) of the
will note there Income.
Income as all is °O change in the the credits have been Impact above
Exhibit 4.O0 spelled at that $35,000 in household
shows level.
principal a schedule of assessments at
equal Payments, The
q Principal and City has the option 112 over 15 years
equal r Interest to have the with equal.
principal and Payments, much like assessments
at a slower r interest is somewhat a mortgage paid in
ate, higher ost as g Payment. The
in c principal is paid
Tom Kuehn
City of Orono
Assessment of 50% would equal $ 7,230
Assessment of 75% would equal $10,850
Assessment of 100% would equal $14,450
October 31, 1984
Page 2
The resulting exhibits are based on current bond market conditions and state
laws regarding the tax credits. Any major change in either of the above could
affect the final financing.
Let me know if you have any questions.
Sincerely,
EHLERS AND ASSOC;Z-
NC.
J4,; --- -
Phil Chenoweth
PEC/sp
OOOlr
cc: Carolyn Drude
EXHIBIT NO. 1.00
BOND ISSUE DETERMINATION FOR: 10/09/84
CITY OF ORONO, MINNESOTA
1984 IMPROVEMENT PROJECT
CONTRACT COSTS 1111?,000
LEGAL, FISCAL 5 ADMINISTRATION 1.75% 21100S
SUB TOTAL 1,133,000
LESS INVESTME01 EARNINGS [ .25 YEARS @ 10.00X1 30,000-
NET PROJECT COST 1,103,000
INTEREST DURING CONSTRUCTION
[ .50 YEARS @ BONP INTEREST RATE OF 9.75%) 58,500
PRINCIPAL AMOUNI NEEDED 1,1619500
DISCOUNT ALLOWANCE [2.00%) 23,529
SUE TOTAL 1/1859029
ADDITIONAL CONTINGENCY
[DENOM. BLOCK 25000, ROUNDING FACTOR. 1.247%] 14,970
BOND ISSUE
11200,000
PROGRAM 'GENESIS', COPYRIGHT BY EHLERS E ASSOC., INC. 1/12/1981
EXHIBIT 2
CITY Of ORONO, MINNESOTA
DEBT SERVICE
PLANNING
10/09/64
PRINCIPAL
1,200,000
DATE OF B01•41i!',
ll/
1/19si
DENOMINATION
BLOCK
2S,000
DATE OF FIRs1"
INTLRFST 8!
1/19 ;r•
INTEREST RATE
9.75
OAT OF FIRST
MAT IIRIfY 2/
1,1987
TAX I•F.V_Y'
REOL1RED
YEAR
PRINCIPAL
INTEREST
_TOTAI.
50%
25%
19615
0
29,2150
29,250
1986
0
117,000
117,000
i ;s , 123
36, 561
198:'
50,000
1171oor.
167,000
83,500
41,750
1988
50,000
1121125
16P 11 C c•
Cl, 063
40, 531
1989
50,000
107,260
1.57,?SO
78, 625
39, 313
1990
501000
10r'_',375
152,37S
76, 1 PS
38,094
1991
75,000
97,500
17?,S00
Fir, 250
43,125
199'
75,000
9011C%
165,1P7
2, 594
41, 277
1993
75.000,
82,875
1S%,87S
78,938
39, 469
1994
75,C,00
75,r4.,?
ISOr5G?
75, 281
37,641
19?.0
100,000
68,250
168IP50
84,125
42,063
1996
1001060
SBr500
i5E1500
79,250
39,625
19?:'
100,000
48,750
1187750
74, 375
37,188
1998
125,000
39,000
164,000
82,000
41,000
1999
125,000
26,812
1511812
75,906
37,953
c000
150rOC-0
14,625
1E•'a1
82, 313
41,156
0 1.20j000
1►18?r06c^
�,:�7r06;'
1,193, 531
596,766
YEARS TO MATUPF
15.2500
PGM 'PLANIIORN', COPYRIGHT EM.EW3 R A5S0C., INC. 1981
i tNlNil Mt_ t.��l 1�11111 tt� 9/1'•1
IV" Y•.1'. 11 AW!i IA t i't44I .A 114011'1 1hPIM:I t! 1911'1.+115 Mal mlY IM:i M 01 All.11 TII TItM
TA4 TMPti4c1 to 1%4 IMFMP NFN1 1I !.1t M .!'.40
AGAlooST AIl41ftfo; Folno',ty d Su- MY 41111' TAX
i I l Y WUPIEI, TF AD
Awa va-; ASSt m S tax oATF of 102.77 m t S, Plus PwiEf t M Il L S T41 .70, ION A 1 A 1 u "I 103. SS
titififfi It 0 104mm SMO l*M 15000 ?0000
ASSESSOR'S Gauss 1AxFS NI T TAX to 1 TAX 14T TAX WI TAX Nl 1 TAX
h►T VAL W."O / W/P DIFF W/0 W/I' DIFF Wall W/P DIFF W/O WP RIFF W/O W/P OIf F W/D W/P DTI F
,;Nw
914
91h
6.99
121 V4
75000
15-72
15A4
I?.00
447 459
100fM
2343
2-M 1
17.90
1218 1Z.0
WSW
1114
1137
23.69
1989 0012
150000
311134
3914
29. fA
2759 2'r19
t15,ow
46b5
4691
3S.40
'35SC 3566
, '1000 3
$406
S467
41.19
4301 4 342
W A FA HOL D 1 NCUME
ilia
46;.ESSOW 5 GPOSS TiaXI S
14 T
AU 1 VOA
W/ 0 P
W/P
DIFF
W/0 W 'o
SO000
914
921
n.89
4;`0 4;!J
7$000
15 72
1584
12.00
7146 79r
i0oW0
2343
2361
17.90
1413 1431
12S000
3114
3137
23.69
2184 21117
15000n
38';14
3914
?9. SO
29S4 eswi 1
I?S000
4*ti5
4691
3S.40
37?S "
?00000
5416
5467
41.119
449f
Wn, P TAXES WITHa1T PRO.'
.49
?PH ?I'9
1.00
111 319
1.39
398 3'40
12.00
447 459
12.00
449 459
9.99
SS3 SSA
17.90
1?16 12.A
17.00
IPIR 1?36
11.80
1?18 1PIA
23.69
lYH9 Vt?
03.69
1Y09 P012
?1.69
19149 i'lilrP
29.60
2759 i.'709
2Y.50
2759 2799
i 9.50
r 759 P109
3S.40
3S30 35"
36.110
35.V 3566
35.40
35-M 35A6
41.19
4301 4342
41.19
4301 434?
41.19
4'301 4342
3.'XMO
4C )DO
4SOO(i
NIL 1 TAX
NF T TAX
NL T TAX
[III
W/G W/P
DIFF
W/0 W/P
DIFF
N/U W/P
3.10
4. "0 401
3.10
VO 4?3
3.10
4,10 42:1
6.00
'%'? 934
1 c' . 00
Y.-P 9:14
12.00
Y; 2 934
17.80
1693 17tt
17.30
169.1 till
17.90
1e,93 1711
23.69
i' 164 2407
23.69
?4A4 ?4R7
?3.69
?164 ?4147
P9. S(,
3034 321,4
25.50
3?34 W&4
29.50
3014 3264
3S.40
400S 4041
3S.40
4005 4041
35.40
4COL 4041
41.19
4776 4811
41.19
4776 4817
41.19
4716 4017
.1 P MIES WT fH F"RIIJEC I
PII)G" TAXCRMH4 , COPYRIGHT BY FHI ERS R ASSOCIAit 5, IW.. 10/1/19133
1.69
4?0 421
3.10
3. 00
685 689
4. i10
17.00
1063 1PR1
17.d0
i -1.69
P034 205i
23. h9
?').SO
M)4 2834
29.SO
35.40
39,75 3611
35.40
41.19
4346 43B7
41.19
50000
tM T TAX
DIIF W/O W/P DIFF
3.10
420 4?3
3.10
1?.00
922 934
11.00
17.90
1693 1711
17.80
23.69
2464 2487
23.69
50
3234 3264
29.SO
3!,.40
400S 4041
3S.40
41.19
4776 4817
41.1v
FXtiIBIT NO. 3.00 DATEn 10/31/84
ANAL vStS 1 LAWS 11F I�ti4 ) OF PROJECT IMPACT ON 1994/85 PROPF RTY TAXFS nS RFI.ATED TO INCOME
TAX IMPACT OF 1984 IMPROVFMFHT IF 7S1 ASSFSSM
AGAINST ABUTTING PROPERTY tl 251 CITY WIDE TAX.
CITY HOMESTEAD
A1Mi V S ASSUMES TAX
RATF OF
102.77 MILLS. Pl US PROJECT MILLS OF
.39r FOR A T01AL
OF 103.16
HOUSEHOLD INCOME•'
5000
10000
15C00
20000
250M
ASSESSORS GROSS TAXES
NET TAX
NET TAX
NF1 TAX
MF T TAX
NET TAX
MKT VAL W/O P
W/►
DIFF
W/O W.�'P
DIFF
W/O W/P
DIfF
W/O W/P
DIFF
W/O W/P
RIFF
W/0 WiP
DIFF
50000 914
910
3.50
123 123
.29
2'0 2?8
.50
317 319
.69
388 309
.90
420 42Q
1.59
75000 1572
WIN
6.00
447 4S3
6.00
447 4S3
6.00
419 4S3
3.99
5S3 S54
1.50
685 687
2.10
100000 2343
23S2
8.99
1218 1227
8.89
1218 1227
8.09
1218 1227
8.89
1218 IP27
8.09
1263 1272
8.89
12S000 3113
312S
11.89
19M 2000
11.89
1998 2000
I1.R9
19M 2000
11.R9
I?% r-000
11.89
?033 2045
11-V
IS0000 3084
3899
14.89
2759 2774
14.89
2759 27/4
14.89
2759 2774
14.89
2759 2774
14.89
2804 2819
14.89
17S000 46SS
4673
17.79
3S30 3S46
17.79
3530 3S18
17.79
35,10 3..W
17.79
3510 3518
17.79
1575 3593
17.79
200000 $426
5"7
20.70
4301 43?2
20.70
4301 4322
20.70
4301 4322
20.70
4301 4322
20.70
4346 4367
20.70
HOUSENOL.D IN['G'E >
30000
3S000
40000
45,'x10
50000
ASSESSOR S GROSS TAXES
NFT TAX
NE1 TAX
t4rT TAX
NFf TAX
NET TAX
MKT UW.. W/0 P
W/►
DIFF
W/0 W/P
DIFF
W/O W/P
DIFF
W/n W/P
DIFF
W/0 W/P
DIFF
W/0 W/P
DIFF
50000 914
918
3.50
420 422
1.59
420 42P
1.59
4?0 4??
1.59
420 42?
1.59
420 422
1.59
7S000 IS72
1570
6.00
786 789
3.00
9?? 9?8
6.n0
9?? 9?8
6.00
9?2 9PR
6.00
922 928
6.00
100W 2343
2.352
8.99
1413 1422
8.89
1693 170?
8.89
1693 170F
8.89
16Y3 1702
8.89
1693 1702
8.89
1?S000 3113
3125
1t.H9
?183 219S
11.99
24A3 2475
11.89
P463 2475
11.R9
?463 ?41-5
11.89
2463 2475
11.09
Is000p 3894
3099
14.89
29S4 2969
14.99
32-14 3249
14.89
323*1 3249
14.89
3234 3249
14.09
3234 3249
14.89
17SW 465S
46:13
17.79
37?5 3743
17.79
4005 40P3
17.79
1005 4023
17.79
400S 4003
17.79
4005 4023
17.79
M0000 S426
S447
20.70
4496 4517
20.70
4776 4797
20.70
4716 4797
20.70
4776 4797
20.70
4776 4797
20.70
W/O ► - TAXES
WITHOUT
PROJECT W
P - TAXES WITH PROJECT
►RIIEHRAMI
TAXCRM184 COPYRIGHT BY EHLERS 9
ASSOC'ATES,
INC..
10.t/1983
Ex. 4.00
ASSESSMENTS PROJECTED FOR OP.mi. MINNEsoin
OVER
15 `IRS. a
11.00%,
IST VR FACTOR
1 2S
PROJECT
1994 1"R0WMENT PROJECT
10/11/64
ASSMTS -
SO m
7230.00
7S 1085Q_Qg_
/O a °fo
144SO. Q4
'
�'E:AR
021N
INTR
__
TOTAL
PRIM
INTR
TOTAL '
PRIM
INTR
TOTAL
19%
462.00
W4.12
1476.12
723.33
1491.87
2215.20
963.33
19%.87
?950.20
1967
W1.00
742.29
1224.28
7?3.33
1,13.93
1837.26
963.31
1483.53
2446.86
1"10
4WD 00
4" .26
1171.26
7?3.33
10"% 36
1757.70
963.33
1s077.56
23.10.90
1989
462.00
636.24
111C..?4
7?3.33
9v..80
1678.13
963.33
1?71.60
2P N .93
199f)
462.00
583.22
106,.22
723.33
875.23
1598.56
963.33
1165.63
2129.96
1v91
40W.00
530.?0
1012.20
7?3.33
795.66
1519.00
963.33
1059.66
2023.00
I"F
482.00
47.1.19
959.18
723.33
716.10
;43`7.43
963.33
953.70
1917.03
1993
4W .?0
424.16
906.16
723.33
636.53
11" .86 '
963.33
847.73
1811.06
'994
462.00
371.14
SS3.14
7?3.33
SS6.96
80.30
963.33
741.76
1705.10
1 WS
462.00
3111.12
800.12
723.33
477.40
O0.73
963.33
635.80
1599.13
:99b
462.00
265.10
747.!0
723.33
397.83
1.16 '
963.33
S?9.83
14Y 3.16
1997
462.00
212.n8
694.78
723.33
318.26
iV^1.60 '
963.33
423.86
1387.20
i908
482.00
159.0l.
641.o6
723.33
2,44.70
962.01
963.33
317.90
1281.23
19"
4W .00
106.04
SM .04
723.33
159.11
88?_.46
963.33
211.93
1175.26
2CA0
482.00
L3.0?
535.02
723.33
79.56
802.R9 '
%3.33
105.96
1069.30
Ewal P
i payment
each yr.
for 1S
years would
be .
. $1,005.44
. . . . .
. . . .
$1.508.85
. . . .
. . . .
57.009.49
EXHIBIT 2
CITY OF ORONO, MINNESOTA
DEBT SERVICE PLANNING
PRINCIPAL_ 1r200,000
DENOM, �TION BLOCK 25,000
INTEP,E RATE 9.75
10/09/61
DATE OF BONUS
DATE OF FIRST INTEREST
DATE OF FIRST MATURITY
11/ 1/198•?
8/ 1/1985
2/ 1/1987
YEAR PRINCIPAL INTEREST TOTAL. SOx TAX LE•'Y REQUIRED
- -- --
--
_ 70 X __ 7 5 X
198L 0 29,250 29,250
198E• G 117,0^�Ci � 14, 6?5 20, 475 21, 93$
11 - ,Octo 58, 500 81, 900 7
1,8: S01,000 t17rOGC. 167,00 87, 50
1988 50,000 11C-1125 16",12S ,00 116, 900 125, 250
198 SO,UQn 107,25E 157,250 81, 063 113, 488 121, 594
78,625 110,075 117, 938
1990 50,0o0 10f,375 152,375
1991 75,000 9i',5�� 17Er50G 6. 180 106, 663 114, 28.1
120, 750
c 6, 250 129, 3"/',
19,L 75,000 90,1E' 165,161 R2, 594 115, 631
1993 75,000 62, 875 157 875 123, 890
199-1 75,000 r r 78, 938 110, 513 11$, 40h
7S►.1 150r5f,.- 75, 281 105, 393
112, 922
199� 100,OG�� b8,250
1996, ,n ,V0 c 168,250 84, 125 11.7, 775 2
1C., )� 58,500 I55` SOG 79, 250 1 _6, 188
199' 100,000 48,75C- i�'0.75r/ 110, 950 118, 875
19i8 125,000 79• 375 104, 125 111, 563
39,G00 161,00! 82,000 114, 800
199� lcc^S,GGO 26,812 iSl r612 123, 000
75, 906 106, 268 113, 859
c000 1s0,GC,0 1-1 1E.n,e ,
82 313 _ 115 238 123 469
0 1,20G,000 1,167►062 2,'F7,06;
1, 1193 531 1,670, 944 1, 790,298
YEARS TO MATUP.I"
E XH I B I T NO. 't . 0,' 0A TED 10/9/94
4APa 131 S I LAWS OF 19041 (0 PWJJE C I IMPAI: T ON 1", 85 PROK RTY TAXES AS REI ATED TO INCOME
TAX IMPACT OF 1984 IF' .301 ASSFSc.W U
AGAINST AOUTTING PROPEWTV & 70% CITY WIDE TAX.
illY HOMESTEAD
AWYSIS ASSUMES TAX RATE IV 102.71 M1I I S, PLUS PROJECT M11.1 S Cr 1.10, FOR A TOTAL (IF 103.87
H(N. HOLD INCOME
how
I oo(vj
15000
i'65E..'AN S GROSS TAXF S
NF T TAX
NF i TAX
4F I TAX
MKT '.Mal
W.O P
W/P
DIFF
W/U W/P
DIFF
Wi'i W/P
DIFF
W/O W/P
-KAX,N)
914
924
9.00
1.13 124
. d`J
?i'8 c i'9
I , f.0
31 / 119
75000
1.572
15139
16.89
447 464
16.99
447 464
16.89
449 464
10POW
2373
236$
2S.09
lr13 1243
25.OV
1?18 1243
25.09
1218 1?43
1i'5000
3114
3147
33.39
1989 20�:?
33.39
198Y 2022
33.39
19W 20P'
1SOW)
38E14
3426
41.60
2759 2901
41.60
27S9 2801
41.60
2759 2801
; Ic*CX %
46SS
4705
49.80
3S"iU '3..W
49.80
3530 3'SW
49.00
3S,30 3,W
r''OO X,
W6
SW
S8.10
4301 4359
58.10
43G1 4;359
58.10
430] 4359
Hf*k)%-14XD INCOME
J00L.0
35000
4")0
i11SSESsov S GR065
TAXES
NFT TAX
NE TAX
NET TAX
M"T VAL
W/O P
W/P
JIFF
W/O W/P
DIFF
W/O W/P
DIFF
W/O W/P
511'NX►0
914
Y24
Y . HO
4?0 425
4.5U
4t'fi 42S
4.50
4,'(.) 44'S
' y i0
1572
1589
16.89
7146 794
8.3Y
Y?P Y39
16. H9
Yr'? 919
100000
2343
2368
26.09
1413 1438
2S.09
16?3 1718
25.09
1693 1718
1PSC00
3114
3147
33.39
2184 P_'17
33.39
?464 2497
33.39
?464 P497
I SO()00
3694
3926
41.60
rw S4 P996
41.60
32.3.1 3? / 6
41.60
3?34 3276
1'5000
4,S5
470S
49.8G
3725 377S
49.90
400�, 40SS
49.UO
4005 4055
1c'OO(M
5426
5484
b8.10
4496 4554
S8.10
4776 4834
58.10
4776 4834
W/O
P - TAXES WITHOUT
PRGJECT W P
- TAXES WITH PROJELT
4WOC)RC+M 'TAXCRM1B4', COPYRIGHT HY FIN EWE: K ArSOCIATES, INL'., 10/1/1903
P0000
NET TAX
DIFF W/O W/P
P. 00
3w 391
14.79
SS3 S5:
25.09
1218 1243
33.39
19W :'OP.?
41.60
2759 P.A01
4Y.80
:35W 36W
58.10
4301 435Y
45000
ME] TAX
DIFF W/O W/P
4.50
42r,
425
16.HY
Y22
939
26.09
1693
1718
33.39
2464
?497
41.60
3234
3?76
49.00
4005
405F,
58.10
4776
4EL34
25000
NE
TAX
DIFr
W/O
W/P
4-1.39
420
425
4.19
685
691
?S.09
1263
12M
33.39
2034
2067
41.60
?130A
2946
49.HO
3S75
36:5
58.10
4346
4404
50000
NF T r kX
DIFF W/U W/P
4.50
420
42S
16.89
922
93Y
25.09
1693
1710
33.39
P464
2497
41.60
3234
3276
49.80
4005
4055
58.10
4776
4834
RIFF
4.50
S.SO
2S.09
33.39
41.60
49.80
58.10
DIFF
4.S0
16.89
2S.09
33.39
41.60
49.00
$8.10
rXHIet1 N0. 3.03 DATED 10/Y/84
ANM v'S1 S ( LAWS OF 19841 of PROJECT IMPACT ON IY84:'85 PRIJPFRTY TAXES AS RELATED TO IWj**
TAX IMPAF1 OF 191r1 IMPROVEMENT IF ?SX AS3SSEU
WiINST AIKJT!ING PROPERTY d 75X CITY W1UF TAX.
C17Y FOMESIEAO
AHAI.Y5IS ASSUMES TAX RATE OF 102.77 MILLS. P1 US PROJECT MILLS OF l .18, FOR A IOIAt OF 103.9S
HUU% HOLD INCOME 5000 1 fvw 1 S000 :'0000
A66'FSS% ' S GROSS TAXES NET TAX NE TAX HE I T AX N1= T TAX
MKT VAL W-'0 P W/P DIFF W/0 W/P ►TIFF WO W/P DIFF W/i3 W/P DIFF W/U W/P
50000
914
925
10.50
123 124
1.00
228 229
1.59
317 320
75000
1572
1590
18.10
447 465
18.10
447 46S
18.10
449 466
100000
2343
2370
26.89
1c18 1245
26.89
1218 1245
?&.89
1218 1245
125000
3114
3149
35.79
1989 2024
3S.79
1989 2024
35.79
1989 '024
1S0000
3884
3929
44.60
2759 2804
44.60
27119 2W.
44.60
2759 c'804
175000
46SS
4709
53.50
3S30 3584
S3.50
3S:R) 3584
53.50
3530 3584
NOW%)
5426
S488
62.30
4301 4363
62.30
4301 4363
62.30
4301 4363
HOUSEHOLD I Nl W
30000
35000
40l}W
HSSESSOR
5 GROSS TAXI`S
NET TAX
NFI TAX
NET TAX
AX1 VAL
W/0 P
W/P
DIFF
W/O W/P
DIf f
W/0 W/I'
DIFF
W-,t; W/P
!,[w0U
914
925
10. 50
420 425
4. H("
4�O VN
4.80
VO 4i'S
%500V
1572
t594
18.10
786 796
9.OU
922 990
10.10
9:'? 910
100000
R343
2370
26.69
1413 1440
Po.. BY
16V3 17PO
26.89
I &Vj 17P.o
Ie!,004
3114
3149
3S.79
2184 2219
'1%.19
2464 24"
3S.79
P464 24"
15~
~
3929
44.60
2954 2999
44.60
V 34 3r` 79
44.60
3V)4 3.?79
11S000
4"6
4709
53.50
3725 3779
S3.5o
4i>OS 4059
S3.50
'1Nx?S 40S9
.'00000
W6
5488
62.30
4496 4&W
62.3U
4776 483H
62.30
47/6 4036
W/U P - TAXES WITHOUT PROJECT W P - TAXES WI1H PROJECT
PMAJ" ',AXCRMI34', COPYv.it;w BY Ettvwi & ASSUI;IAIF.S, INC., IO/1/1`�t3.;
2.10
3EK3
391
16.00
SS3
SS7
26.89
1218
1245
35.79
1989
2024
44.o0
27S9
PSM
S:J. W
3530
3S84
62.30
4301
4363
4SO00
W, I TAX
DltF W/0 W/P
4.80
4?U
4,'5
W. 10
Yi'p
9110
F+t_89
169.1
t7PO
35.79
?464
2499
44.60
12''M
3?/9
53.SO
4005
40S9
6?.30
4776
4838
?SOW
W- I
TAX
DI►F
W/0
W/P
2.59
420
42S
4 . SO
68',
691
26.89
1263
1290
35.79
?034
2069
44.60
28,54
2849
53.SO
357S
3629
62.30
4346
4408
50000
NF I
TAX
DIFF
W/U
W/P
4.80
420
4?S
18.10
9;12
94 U
26.89
1693
1720
35.79
P464
2499
44.60
3234
3279
S3.SO
4005
40S9
62.30
4716
4038
DIFF
4.80
6.40
26.99
3S.79
44.60
53.50
6?_ . 30
DIFF
4.80
18.10
@6.89
35.79
44.60
53.50
62.30
EX. LJ,00 nSSFSSMFNTS PROJECTED FOR '- CITY OF ORONO, M
OWR 15 YRS, 0 11.00X, 1ST YR FACTOR 1.25
PROJECT 1984 IMPROVEMENT PROJECT 10/23/84
ASSMTS'
3615.00
' 36 °Jr
4340.00
! -SP %O
7230.00
'
YEAR
PP.IN
INTR
TOTAL
PRIN
INTR
TOML
' PR:N
INTF.
TOTAL
198S
241.00
497.06
738.06
289.33
596.71
886.08
182.00
991.12
1175.12
1986
241.00
371.14
612.14
289.33
445.57
734.90
482.00
742.28
122-4.28
1987
241.00
344.63
S8S.63
' 289.33
113.71
703.07
'182.^0
689.26
1171.26
1980
241.00
318.12
559.1?
289.33
381.92
671.2S
482.00
636.24
1118.24
1989
241.00
291.61
532.61
! 289.33
350.09
639.12
W. 00
S83.22
1065.27'
1990
241.00
265.10
506.10
' 289.33
318.26
607.60
46?.00
530.20
1012.?0
1991
241.00
238.S9
479.S9
' 289.33
286.11
575.77
182.00
177.18
9S9.18
1992
241.00
212.08
4S3.06
' 289.33
25^..61
V 3.9�
482.00
42.7.16
906.16
1993
241.00
18S.S7
126.S7
289.33
222.78
512.12
182.00
371.11
8S3.11
1994
241.00
159.06
400.06
' 289.33
190.96
480.29
432.00
318.12
800.12
199S
241.00
132.SS
373.SS
! 289.33
1S9.11
148.16
W.00
26S.10
717.10
1996
241.00
106.04
3!7.04
! 289.33
127.30
416.63
4 82. 00
212.08
694.0E
1997
241.00
79.S3
320.53
! 289.33
9S.18
381.81
182.00
159.06
641.06
1998
241.00
S3.02
294.02
1 2E9.33
V .65
3S2.98
48c-.00
106.011
588.04
1999
241.00
26.51
267.51
! M.33
31.82
321.16
182.00
53.02
S3S.02
Equal P
b 1 payment
each yr.
Equal P
b I payment
Equal P
b I payment
for 15
years would
be . . .
502.72
ea. yr,
for 15 yrs.
603.54
ea. yr,
for 15 yrs.
998.64
reeei ved ii -13 - 94 eou ?cd Meehfy
2010 Shoreline Drive
Orono, Minnesota
November 13, 1984
Orono City Council
Crystal Bay Minnesota
In the matter of the Public Hearing on Sanitary Sewer in the Crystal Bay Area:
Comments in addition to my letter of September 16, 1984.
Issues:
1. Compliance with Community Management Plan
2. Design and Cost
3. Farrell appraisal "Theory"
4. Benefit Analysis
1. Compliance with Community Management Plan (CMP)
The CMP directs that the installation of sanitary sewer shad not
impose hardship on the residents or city. This project may not be
undertaken without satisfying this requirement.
2. Design and Cost
Table 1 - details some of these factors:
Table 1
A. 24 foot wide proposed roads
with berm curbs.
B. Total gravity system proposed.
A. 1. No one wants or needs wider
roads or curbs.
2. Wider roads have inherently
higher installation and
maintenance costs.
3. Increases hard cover
unnecessarily in Lakeshore
district.
B. 1. A limited number of residences
on low ground necessitate extra-
ordinarily deep piping at great
expense.
2. Addition of a limited number of
"grinder" pumps could reduce the
depth necessjry and reduce capi-
tal expenditure.
TABLE 1
C. Proposed mains are located within C. 1.
the paved roadway.
2.
D. Engineering, administrative fees of
25%.
E. Exclusion of abutting properties
served by project mains e.g. Art
Center.
3.
This increases road replacement
costs and pipe installation costs.
This is unnecessary in many cases
since the 16 ft wide (average)
roads lie on 40-60 foot wide
rights -of -way.
The reasons presented for this
plan is that sewer accesses are
"easier to find in the winter" and
"will not require acquisition of
easements."
D. 1. Other cities, eg. Victoria pay 15%
fees.
E. 1. Raises per unit costs
2. MUSA line immaterial, ref. Old
Crystal Bay Road.
F. Other issues: 12 dead end pipes F. 1. We need a qualified review to
(Is this excessive?); double piping reduce costs.
in front of Council Chambers (Is
this necessary?); accuracy of cost
estimate (recent bidding has exceeded
engineering estimates.)
3. Farrell Appraisal "Theory"
While substantial issue may be taken with the absolute numbers provided
and his choice of comparable properties is at the very least seriously
flawed, Mr. Farrell has used a "Theory" to arrive at his conclusions
that has no basis in fact, reason, or real estate appraisal practice.
"The value conclusion estimate for the subject system is based on theory
that a property with a private system would sell in the lowest range of
the estimates. Conversely, a residence with a public sanitary system
and new road ways sell in the higher end of the range." (Emphasis
added.)
In practice he concludes that if his three questionable private system
comparable properties have "values" of, for example, S50,000, $52,000
and S54,000 an the public system comparable properties have "values" of
S56,000, $58,000, and S60,000; the before and after values are S50,000
and S60,000. This is fallacious logic, has no basis in fact or practice
and is a self -admitted "theory."
An equally reasonable (or unreasonable) theory would be to conclude;
based on housing demand in Orono both with and without public systems
that the private system property would sell in the highest range because
it is located near to Lake Minnetonka, the School District, and City of
Orono, with its excellent septic system administration, while the public
property would sell in the lowest part of the range since it really
offers no practical additional benefit. In practice, properties in the
unspwered parts of Orono; the Farm at Long Lake, Green Trees, Webber
Hills, the developments along Old Crystal Bay Road and Willow Drive,
Foxhill and the Pink Palace property to name a few sell at premium
market prices when contrasted to nearby sewered areas in towns such a3
Long Lake.
4. Benefit Analysis
Once a reasonable, rationale increase (or decrease) in property value is
determined the analysis of benefit accruing to the property can begin.
Positive benefits are:
1. Increase in property value
2. ?
Negative benefits include:
1. capital costs
2. interest costs (less tax benefits)
3. installation costs
4. S.A.C. Fee, permits
5. loss of value in existing functioning septic system
6. cost of decommissioning existing septic system
7. decrease in property value, e.g., loss of trees, creation of
easements.
8. increase in operating expense
9. increase in property taxes (less income tax benefits).
For ^xample, obtaining an unrealized $10,000 increase in property value
at a cost of $20,000 is a S10,000 negative benefit.
Table 2 provides an illustration of the principle and does not purport
to be actual numbers.
TABLE 2
(ASSET
Positive Benefit
Increase in value $10,000
Income tax benefit (33%)
- interest expense 1,500
- real estate tax 1,300
Total $12,800
(LIABILITY)
Negative Benefit
(over 15 years)
Assessment S5,000
Interest 4,520
Installation 1,000
SAC fee 425
Loss of value of
functioning
Septic system (50%
depreciated) 2,000
Decommissioning old
system 500
Increased operating
expense (net) 867
Increased property
taxes 4,000
Total S18,312
Net Benefit (S5,512)
(net worth)
Conclusions
1. The Crystal Bay Area should receive sanitary sewer.
2. Installation should not impose a hardship on the residents.
3. Design and cost must be carefully evaluated to assure that we obtain a func-
tional system at the lowest reasonable cost.
4. Property value conclusions should be drawn from real data not
"Theory."
5. Benefit analysis must be total and complete, not piecemeal or selective.
Sincerely,
III
eorge F. ove o, Jr.
Susan J. Rovegno
rem red 1143 B'F CbulkiIMai
^•ITIZEN'S MEETING CONCERNING THE
CRTSTAL RAT SEWER PROJECT
As members of the Crystal Bay Community af'ected by the proposed
sewer project for 1985, we have outlined five objectives we feel
the City of Crono must achieve before proceedinr wit! - the nroiect.
Cur petition against the proposed sewer pro,ject,.nder the three
payment opti:ns,reflscts the opinion of Q out of "3 households.
we relieve this is a significant numl-er and urge the City of (`rono
to consider the following objectives:
1. 'Widening of the roads and adding curbirk should
be eliminated
[. Alternative plans for the sewer system that mate be
less expensive should be investigated
3. The City of Orono must resolve to pay a aortion of
the cost so as not to create an un&) hards�in on
the residents of Crystal nay
1i. Including other area.-t in the project should be
considered if this will lower the per unit coat
of the proje^t
5. An assurance from the "ity that provisions will
oe made for those unable to afford the assessment
As a community, we wish to express to the city "runcil our desire
to cooperate in finding reasonatle and Practical solutions that we
as well as the (:ity can accept.
COUNCIL MEETING;
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBL R 29f1gj g43 198#GE i
ATTENDANCE 7: A0 PM The Orono Counc i 1 mot on the above dayh Of
members present: Mayor Butler, Co c i Lmembers Frahm,
Adams, Hammerel and Grabek. City Administrator
Benson was not present. City Engineer Cook and City
Attorney Radio were present. Building & Zoning
Administrator Mabusth, Assistant Zoning Administrator
G,,ffron, Public Work Coordinator Gerhardson, and City
Recorder Sutton rooress�nted the City staff.
ANNOUNCEMENT OF CRYSTAL
BAY PUBLIC HEARING
RESCHEDULED FOR NOVEMBER
13, 1984 AT 7:0a PM Mayor Butler announced to the public that the Cr_yst.ai Bay
public hearing has been rescheduled for Novenber 13,
1934, at 7:00 p.m.
CONSENT AGENDA* Councilmember Adams moved, Councilmember Hammerel
secon:led, to approve the Consent Agenda*, with all
staf f reports concerning these i teens 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 approve they minutes of the Council meeting
held October 15, 1984. Motion, Ayes (5), Nays (0).
LAKE MINNETONKA CONSERVATION
DISTRICT REPORT Jo Ellc,i Hurt was present. Hurt stated that the new
budget was passed by the LMCD. Hurt noted that the cost
of license applications and special use permits that
required extra staff and legal time gill now be paid by
the applicant. Harr sated 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 There were no Planning Commission comments.
PUBLIC COMMEN,rs There were no comments from the public present.
#820 LONIK FISK
493 PARK AVENUE
VARIANCE
7:30 PM Lonie and Curtis Fisk were present. Lonie Fisk's
attorney, Garth roller, was also present. Jim
Henschoof, traffic expert, was present for a traffic
report concerning the Fisk application. Ron Batty
represented the following neighbors that were present:
Donald Catherine Meyer of 485 Park Avenue
Phillip i Renata Bradley of 4075 Oak Street
David i Sherokee Ilse of 4105 Oak Street
Mike i Rowanne Dombeck of 499 Tonkawa Road
Dave i Debbie Siegel of 4111 Oak Street
Tim Argabright of 4985 Oak Street
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 29, 1984. P%GE 2
f920 LONIE FISK Other Orono residents that we,.i present for the Fisk
application were as follows:
David i 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 for
the Fisk's land to the Council.
Building 6 Zoning Administrator Mabusth sta oat
Fisk asks for a lot area and lot width variance.
Mabusth staced an area variance of 75 percent and a
width variance of la percent. '4abusth stated that the
neighbors in opposition to this application were asked
to seek legal assistance. Mabust;i stated that the
neighbor's attorney has produced negative findings and
the, neighbors have done a survey of vacant lots in the
LR-lB (one acre) zoning district. `4ahusth stated that
she has done a survey of variance a-)plications 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 46 were approved. Mabustn
stated that approximately 7 or 8 applic3tions were
withdrawn when it appeared that they were yoiny to be
denied. Mabusth stated that those denials ihaseu
on the following findings:
1. Restricted building envelope.
2. Property never assessed for sewer.
3. Stubs never provided.
4. Nssessed market value su-3yests unbui idable lot.
5. Land locked - inauility to provide legal access.
G. Shape of lot.
7. Topography that would inhibit constructirn or safe
access to situ.
Administrator Mabusth stated that Ron Batty,
neighbor's attorney, mentioned in his report of a self-
imposed hardship. Mabusth stated that she has worked
with Mr. Fisk before on another variance application on
Baldur Park Road. Mabusth stated that s`ie is not
su!3gesting that he knows about the zoning cede, but he
d,d work on j hardcover and setback problem application
on Baldur Park.
MINUTES OF THE RF,GU[.AR ORONO COUNCIL MEETING HELD OC'POBER 29, 1984. PAGE 3
;820 LON1E FISK
Administrator Mabusth stated that according to the
neighbors' study of the vacant lots in the LR-1B zoning
district, 39 percent or 34 of the total 84 fall within
-0-40 percent of the required area. Mabusth noted
their survey came up with a total of 88 vacant lots in the
LR-19 zoning district. Mabusth stated that she Fisk
lot falls into the ones that fell between TO-40 percent.
Administrator Mabusth noted that at "he 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 carrenL :ttern
of neighborhood development.
2. Question of applicant's knowledge of zoning code
and association with Orono staff as he worked 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 LP-1B zoning district could ask for the
same variances.
4. Adverse to the int-ant of the Comprehensiv,.? Plan and
Zoning Code. if wi.Ie range problem, the City
should amend the code and not grant variances.
5. One-half sewer unit charred aga:r.st property (1J4
uni t on ear7h lot) assessment suggests properly once
part of larger land holding.
6. Line„l 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 courvs will use a balancing test. Coller stated
that the City has t,) find some negative findings as to
the impact on the _iblic health, safety and welfare.
Coller stated that the fact that the sewer has been
assessed for this lot, that shc;ws indication that this
is a buildable lot. Coller stated that no one has made
any acusations as to whether or not this is a nco-
bui ldable lot, in fact there is evidence or, the recoc-a
that both the City staff and historical precedent that
there was a house, on the lot, indicates ; is a
buildable lot. Coller stated that has a
photograph of a house that existed e
MINUTES uF '1'Hh; REGCI,A' ')RONO COUNCIL MEETING HELD OCTOBER 29, 1984. PAGE
#820 LONIE eLSK Ad.ninistraLor Mil)usth showed the Council some pictures
with an exstirig house on the subject lot.
Garth Coller stated 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
l.ut. Coller stated that there is no other use for the
lot than residential. Cofer 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 n very rare
occasio-is denied variances. --oiler stated only three
variances have been denied since 1977 and are easily
Aist•inguishable. C.oller 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 from the Fisk lot
and is much easier to deny a variance in rural property.
Coller stated that Home Builders was a conceptual
denial and in this case there were problems wit}; the
shape of the lut, lakeshore setback problem, and an
unbuildable building envelope ani would need
additional setback variances. Coiler stated that
that variance is beyond a lot area and lot width
variance. Coiler stated that the third var'ince that
was denied was reflected as a non -buildable lot, had no
sewer unit assessed, unbuildable envelope, and
lakeshore setback problems. Coiler referred to
Zoning Administrator Mabustii's denial list as follows:
1. "Restricted 'building envelope." C011er 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." Coiler stated that stubs
are provided.
4. "AQsessed market value suggests unbuildable lot."
Coiler stated that is not a problem here.
S. "hand locked." Coller stated not a proble:r.
h. "Corner lot." Coller st,ited not a problem; 1,
doesn't even need setback variances.
7. "Shape of lot." Coiler stated not a proble.n.
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 THE kE'GUI AR ORONO COUNCIL ME1-:1'I NG HELD OC TOBER 29, 1984. PAGI: 5
1820 LONIh FISK
Garth Coller stated tha 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
chat there is an existing foundation, was not a
lake -shore cabin, but an actual residence. Coller
stated that there is a sewer stub ptoyided to the
property. Collor stated that it has been assessed for
one-half sewer unit. Caller stated chat grant iny this
variance would incr-ease the health, E. ety and welfare
of the City by discouraging the continuation (or the
future use) of the �3roperty as a dump. Coller stated
that the property has a `iistory of being :see] as a dump.
Coller st; -ed that the property right now is no longer
in that c--dition, but it is a possibility in the
future. Ller stated that the adjacent property
(Meyer lot) would probably need more variances than
Fisk. Coller noted that City Attorney Malkerson noted
+� the last meeting that neighborhood opposition is not
:+ determining factor, and that the City must on? y weigh
this variance from ths, health, safety and welfare
factors. Coller stat-e6 that tht prnr._,sed site plan
satisfies all setback requirements.
Garth Coller cited one recent case 'Arnold Palmer. vs
City of Plymouth". Col lerread the f ol lowi ng f rom that
case:
"Under circumstances similar to those which the
pi.antiff'sappli- ,tion vas denied, the City Council has
heretofore o:ar►c&� variances. Most recently involv-
ing the tti. e project where the com.paring
circumstances were considerably less. The denial
of... the petition was the defendant, City Council, was
arbitrary, capri(:ious, unreasonable, and invalid and
in violation of his constitutional rights for the
following reasons:
1. The land is zoned for the intended use.
2. The lane is entirely suitable for the intended use.
3. The intended use would not be harmful to the health,
mora safety and the public welfare of the City.
4. The denial deprives the plantiff of his
constitutional rights, contrary to Section 30,
Article1,The State of Minnesota Constitut ion, and
contrary to the Fourteenth Amendment of tht
Constitution of the United — Les.
5. Said City in actual
tively and not,
authority granted
ict tiny aOrAnistra-
_ i ve ,; has under ie
er toning otdinancp 'er
a period of years, . i variance to the City of
Plymouth with circu..,_ancas substantially the
same as those, whos plantiff's application w--s
d nIt-d."
MINU*MS Or THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 29, 1984. PAGE 6
1820 LONIE FISK Coller stated that granting the variances here would
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:
I. Size and depth of the property.
2. Setback and character of the adjacent home.
3. Stri(-t apnlic;ition of the ordinance would not
result in a more suitabl-2 neighborhood for the
neighbors.
earth Coller stated that the current development in thc?
immediate area (F:lm Street, Oak Street, Park Drive, and
Park Lane), zero are over the one acre requirement of
'.:he zoning district. Coller noted that zero are over
32-100 percent, one is between 60-80 percent, one is 43-
6:- percent, one is between 20-43 percent. Coller
stated twat on Oak --treet there are 6 developed units,
only one meets code requi rements. Coller stated one is
between 83-100 percent, two are between 60-80 percent,
one is between 40-69 percent, and one is between 20-40
percent. Coller stated that on Park Lane there are 16
units developed. Coller stated that zero aL:_ over the
code requirements, two are between 80-100 percent, one
is between 60-80 percent, four are between 60-80
percent_, and eiglot are between 20-40 percent. Coller
stated that in t'le 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. introduce,i .1aries Benschuof, traffic
analysist, to give expert testimony on the affe,_t 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 Strr_�et. Renschoof 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 lot 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 of Oak Street and found
that segment of the street will serve the lot
effectively. Benschoof stated that there is ade-quate
sight distance where the driveway would be located to
effectively serve the Fisk lot. Benschoof stated that
on an ovorall basis that the existing streets can
effectively 'ic..ommn:iata the a111itional. tr.Aff.ic
associat-1 .ui t'l Hl•� Fisk 1nt
MINUTES op 'rHE REGULAR ORONO COUNCIL ME:E'fING HELD oC'I'OBER 29, 1984. PAGE 7
1829 LONIE tISK
Councilmember Adams asked when Benschoof observed the
Fisk lot and the neighborhood.
Jim Benschoof stated late Saturday morning around noon.
Benschoof stated that he observed a low volume of
traffic on Oak Street. Benschoof stated that he also
checked the Hennepin County flow map which revealed 490
vehicles per day. Benschoof stated that he conducted a
capacity analysis based on the expected peak traffic
that would be likely to pass through the intersection.
Ron Batty, neighbor's attorney, w, ntod to note what is
on trial here. Batty stated teat the City's
DrdinancP 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 th,2 City Jrafted and
adopted.
Ron Batty st• ited that: there has been 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 best answer to the health,
safety, and welfare problem is that which is expresser
in the City's own ordinance. Batty stated that the
City's ordinance establishes the type of development
that the City wants to see in this particular
neighborhood. Batty stated that the Coun-,l has
already made the determination with regard .o the
health, safety, and welfare. Batty stated that the
problem with the analysis that Benschoof presented was
that they aLC looking at: a particular ca ie under a
microscope rather than viewing the larger picture.
Batty stated t..,at one more house is not going to present
a terrible traffi,. problem.
Ron Batty stated that the City is not deal ing with a case
where the property owner has owned the prop, rty prior to
the adoption of th, ordinance or acquiLNd it through
inheritence. Batty stated that instead this is a case
where 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 it a
developable lot. Batty stated that this is
significant because it speaks to the heart of the self
created hardship issu,, which cc irts have consisttn*'_.1
found to be persuasive. Batty stated if an individual
can d. this and come to the City and seeks assistance,
this places a great deal of pow�,r in the individual
property owner.
MINUTrs OF Ti*.' RF.GUf.AR ORONO COUNCIL ME,TIN G HELD OCTOBER 29, 1984. PAGE R
Batty stated that Zoning Administrator Mabusth has
#820 LONIE FISK t-estifi,-�d that Mr. Fisk has been involvedwith 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 person would do -in a case like
this. Ratty stated if he was going to place $7,000 in
an investment that he would Inquire further than to rely
on some unnamed person at City Hall.
Ron Ratty stated that there are other lets that can be
developed in the City and Iiat. 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
dealing with th? issue of selling property t3 adjacent
iroperty owners, look at the value of the property
without a variance. Batty stated that in September the
City saw a report which gave three values for the
property. Batty stated $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, sewer connection, etc). Batty stated
$17,000 after developed with a huuse 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 dea' with how much the
individual has investe.i in th? property. Batty stated
that the property was purchased for $7,000, and
Illinois courts would su(;yest that $7,000 for the
property is a fair Brice.
Ron Batty stated that the neighbc;rs leave made an offer
which is a standing, valid offer, whi,:h 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 be compelled to sell the land, but if he refuses
to sell the land he should not be heard to come bza,-k to
the City and s.iy 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 conside-- the following for basis of denial of
the application:
MINUTES OF THE REGULAR ORONO COUNCIL MEETING 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 stated 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 .3 new
applicant who bought the property as tax forfeit- and
assumes the risk +--hat 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 311 the other
variances because it is tax forfeit.
Desyl Peterson stated it appears that this property was
in common ownership with the adjacent property.
Peterson stated that the MN Supreme Court has held teat
when two lots are in common ownership, at any point
after the adoption of the zoning ordinance, then those
two lots have to be combined to make ono lot teat 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 rebui It if not more than
the 50 percent of the assessed market value.
7oninq Administrator Mabustn stated that we are not
dealing with a non -confirming use or structure in thi.,
case, the code referred to by Peterson is not
applicable.
Peterson stated no, that a non-conformin<j 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, addressi.!J Ron Batty's
remarks. Coller stated burden of proof has been met 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 tho neighbors,
staff, and Council to .some up with a negative
declaration that imposes a greater degree of hardship
to the health, safety and welfare than it, would benefit
it.
MINUTE:s OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBE:R 29, 1984. PAGE 10
t820 LONIE: FISK
Garth Coller addressed the self-created hardship
issue. Colter stated that this was addressed at the
last meeting with City Attorney Malkerson's input.
Coller stated that the creation of the hardship is
created with lots that were originally platted and here
the zoning code has been changed. Colter stated at
that time the hardship is created.
Garth Colter addressed Desyl Peterson's comments.
Coller explained the difference between a land owner to
sale and land owner to tax forfeit. Coller stated that
this is irrelevant. Colter stated that in Minnesota
this is just not something that the courts look to.
Colter stated that here the City has a passing of a basic
fundamental constitutional right of a person to develop
the property. Colter stated that this right doesn't
disa_ -ar through the lax forfeiture process. Colter
stated that the courts do not look at it like that in
Minnesot•i.
:,arth Coller stated that it was mentioned that the lots
should be combined. Colter stated that here Fisk has
.lone this. Colter stated that the lots were in common
ownership when the ordinance was passed. Coller
stated that this is the key. Colter stated that those
two lots have been combined.
Garth Colter stated that the remarks ,Wade about
Benschoof's analysis that Benschoof did not look at the
larger picture. Coller stated 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 addressed this too.
Garth Coller ad3resseJ the discussion in regard to the
claim of a self-imposed hardship. Colter stated that
Fisk indeed engaged in negotiations 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 could obtain financing. Coller stated that
appl icant waited a long time under the assumption that
this deal was going to go through. Coller stated that
they delayed 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. Coller stated then at a very late sta�]e in
the contract negotiations, Don Meyer cane forth with
his offer. Coller stated that this is :n offer that
supposedly stands today. Coiler presented the
original document that was presented to Fisk to the
Council. Cel ler statNc3 th•it the offer lids words of
negotiation, which in ., re•it estate c:oneract, make it
nothin•3 nnre t;�.�n an enticenent t:�:3ea1. Coller stated
thia is not a leyai offer for any pucposes.
MINUTES OF THE REGULAR ORONO COUNCIL. MI•:I:'1'ING HI•:Lb OCTOBER 29, 1984. PAGE 11
1820 LONIE FISK
Counci l,nember Frah n asked when Fisk bought t;i-� property
from the County and how much he paid for the property.
City Attorney Radio stated August 22. 1983.
Garth Colter stated $7,210.
Councilmember Grabek asked how much cash was outl.ayed
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 $2,600 on the lot.
Garth Colter stated that the Council should consider
attorney's fees, appraiser fees, and traffic
consultant fees. Colter stated therefore the $8,500
isn't a greAt offer.
Mayor Butler stated that if Fisk had asked the
appropriate people at City Hall, he would have saved
himself all of those fees.
:�arthCoIler stated that since the zoning was changed on
this property, that legal right still vests, and
whether or not Fisk wanted to check into it or not is more
or less irrelevant.
David Ilse of 4105 Oak Street commented in regard to the
offer of $14,000. Ilse stated that after the last
Council meeting he phoned Fisk regarding the sale of the
land. Ilse stated that Mr. Bradley and himself met
with Fisk and at no time was there an acceptance of
$14,000.
Garth Colter asked how long he was discussing t.le sale
to Fisk and at the price of $14,009.
)avid Ilse atated that they never discussed $14,000.
Ilse stated that Fisk's appraiser had come up with a
vslue of $17,000, and that he pointed out to Fisk that
the figure as the property stood was $12,900 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. I Ise stated that he said he would check with
the people iii the neighborhood to see whether or not
:someone was wi 1ling to buy the property, speci f : cal ly
.)on Meyer, since he is adjacent to the Eroperty.
MINUTES OF THE R1:GUIJIR ORONO COUNCIL. MEETING lJEJ.D OCTOBLU 29, 1984. PAGE 12
11820 LONIE FISK Ilse st, Led th.►t h-j lor_ou<Pub Fisk the offer. of Mr. Meyer
for $12,000 minus thi. sewer, well and other things that
his own appraiser had mentioned. I Ise stated that when
he handed the letter to Fisk's wife, he stated that he
realized that it was not meeting the $17,000 which Fisk
had initially offered, however, lr._ was willing to act as
a mediator betv-een Fisk and Meyer to keep the
ne�tloti.itions yoiny. I Ise stated that he was very clear
when he spoke with Fisk's wife that there:was no other
offer but just t''IN offer that he had delivered. Ilse
asked Fisk's wife to have Fisk c-►ll him within two days
to get this resolve:l as soon as possible. Ilse stated
that Fisk did not call hi:n. Ilse stated that he called
Fisk one weak later and said Fisk sLaLed that $8,500 was
out, $17,003 or noticing. Ilse stated that the $8,500
offer subject to negotiation was to yet negotiations
started.
City Attorney Radio stated that Meyer has submitted a
two page documen t to the Counc i 1 to see i f th i s was aver
tr.ansinitt-1 to Fisk.
.ion Meyer of 485 Park Avenue stated that the original
letter was sent to Fisk in order to start negotiations.
Meyer stated his a"8,500 offer is :;till i,ili(i tonight.
Meyer st.+te.l 1.h•at he seQs this as a solution to the
problem because he doesn't want a hoa,-i right next door
to him and iF it �n,?ans that he has to buy a lot he will.
Councilmemner Graben notNtj for the record that he
objecteA to written note gassed 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 inf luenred by that note nor did he read the entire
note. Grabek stated that he doesn't think that tho-3e
com:n•?nts should be passed to individual Council people,
that they should b-3 brought out into the open.
Mayor Butler stated that they will be bought out into
i:iie open. 3utl.sr stated that she gave it to Grabek so
that he would have some idea as to where sale was coming
from. Butler stated that she would rather write her
t'�iits down prior to speaking them.
Mayor Butler Counci lmember Adams seconded, to
request staff to draft d r-solution denying the request
of Lon ie Fisk based on tile toil-:"'^.! findi►jys:
1. The property can be put to a reasonable a, lowed us -a.
It can be used as a City park, tt,_ 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 the
adjacent property more into conformance with the
zoning code.
MINUTES OF THE REGULAR ORONO COUNCIL MEETING 1f1:LD OCTOBER 29, 1984. PAGE 13
1820 WNIE 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 prioi_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 so-netime 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 is available,
therefore, creating no health problems. Grabek
stated that in regard to the welfare question, the house
adds nothing but betief it to the neighborhood especially
with the conditi.in 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, ►inv down trees, or
things like that. 1rabek stated that the neighbors
certainly had an opportunity to purchase the lot and
have had for saaetime. Grabek stated that Fisk's
affidavit noted some "mystery person" who told him that
the lot was buil::able, which doesn't influence his
decision. Grabek staged 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 stai.ed Fisk did impose these
difficulties on himself. Grabek asked City Attorr+el
Radio what right does the City have to protect those
small parcels of land against the transfer of vested
rights to build.
City )Ittorney Radio stated that the neighbors-ttorney
included cases in New York and Illinois that included] a
cut off point on tax forfeiture property and the vestinj
of rights cannot go on forever and he passe,] to ooi.=.
land owners. Radio stated that he has been unanle to
fimj any ap--td-ific cases in Minnesota adverse to tha+_
point. RaIio stated that in Minn#.sotj i*_ is at.
guestion and 0it this case could make -iew lair.
MINUTES OF THE REGULAR ORONO COUNCI 1, MEI-:TING H1;LU OCTOBER 29, 1984. PAGE 14
1820 LONIE FISK Radio slated that there may be :-- saes where those vested
rights :_cr,? interru,)L-�d.
Councilmember Fra-i n stated that the ptopert-y has not
been inhabited since at least 1975. Frahm state:i that
thte buiiell iny no longer exists other than the
foundatFrahm stated that the code was adopted
originally to keep the density down. Fra:ar staLek] tnat
some of the lots were gran-ifathered into" -that code and
protected, however, when that property is vacant for
almost 10 years, it is his personal opinion th�.t the
grandfathered right has been Forgiven. Fr .stated
that as far as he is :oncerned ti,-it prol)�rt%-, is not
b-ii Diable.
City Pitt.or.ney Radio noted teat 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 nor the hoalt:n or welfare of the public.".
Radin ,tated that the real test the court is going to
apply is did the Counr--il a-t r--a-iooably in acting upon
this variance.
Mayor Rat le r :st,i teii that Meyer cou ►d buy the property
and combine it with his lot, or the City ,:ould buy the
property and used for pi:k purposes. Butler_ st,itNd
that this lot falls unr:uar the "nibbling syndrome",
whr-re if this lot is approvo!J, the City would ha.e to
approve the next one baser] on the precedent setting in
the past. Butler stated that the City may as well tnrow
out.- the zoning code if tha City doesn't have the
authority to deny a variance.
Councilmember Grabek stated that the City has to be
c�r.eful baCausc then it will look like the City will
resolve all zoning disputes by the ',ity buying it for
park property.
Councilmember r r ehm staters that when the lot went tjx
forfeit, the City had a chance to buy the property and
refused, therefore, the City has given up its right.
Frahn status that the fact that this lot is tax forf«!it
his affected his decision. Fraha stated that the key
is Fisk bought the lot after the zoning code had
changed.
Councilmember *,lammerel stated th:': 't)is lot onlymeets
25 percent of the area rerluiresi. ,..s. Ham'nerel stated
that the tax forfeit issue is import.int. Hammerel
stated that he would vote to deny the variance.
Councilmember Grabek stated that the staff and Courtei 1
should look at each individual situation and be able to
come up with a reas:13nab1e approach as to whether it
should be granted denied. Grabek stated that it
nhuuldn't have anf,ning to do with our ordinance
hecaune there ire -piing to be thoq,► situations dherN the
City should gr int a vari AlCe. c.ral:>ek atat•4:i th_+C the
mimwrBs OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 29, 1984. PAGE l5
#820 Fisk (cunt) Grabe& st:att.-d that the lot would look better with a
house on it because of the dumpy appearan-e of the lot.
Councilmember Grabek asked chat the motion be read
again.
Mayor. Rutler moved, Councilmember Adams"s:.!conded, 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,
pvck use or combination with adjacent property.
There is ar, Outstanding offer to purchase the
property.
2. The proposeA variance is c.�ntrary to the leper anJ
intent of the Orono Comprehensive Dian.
3. The development and/or granting of the variance
would set an adverse precedent in the City.
4. The applican t/purcharser should have -iar] k�n:�iedge
of the zoning code requirements prior to the
purchase. Any hardship would seem to be self-
imposed.
5. 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 tti, lot is substandard.
h. ':hece is no lateral sewer assessment levied against
the property indicating ir_s substandard status.
7. The pcope-ty fails short of the zoning stand.-jr,is to
�n extent too great- t,, enable just. i f ic,it ion of
-1ranting the variances requesteli.
fi. The property does not ,_onfurm to the development
pat te>r:, the neighborhood.
More discussion eras 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 pi.it to another
use" should not concern the Council. �;rabek stated
that the purchase of the lot, the Counci 1 should net oe
involved with or whether or not there is an offer )c nut.
;;r.ibok statPA that this should not be d prece9ent issue.
Mayor 3utler stated that to ycont this i:itianc:e would
indeed establ ish a negat i ve precedent i ._y w i thin tiie
city. 4utler sL,ited that t,ot j .itt'llf) *'yls
neighb-.)rhood but within the r_ntire
MINUTES or vm REGULAR OkONO CQUNCII. mrh.TING HELD OC':'OBER 29, 1984. PAGE: 16
0820 Fisn (cone)
1:ounr_ i l,nembe r Grabek stated that if the C i ty 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 bear. set. Grabek stated
that the Council should looK at all the important
factors of the individual lot and not worry about
set t i nth a precedence.
Counci l-n:�-,nber Hammerel stated that in the findings fc,r
denial, the City sh,.)uld not inclurie that t_he neighbors
wanted to purchase kne property and have made an of Cer.
Mayor ?iutler moved, Council,nenber Adams seconded, t.o
request star[ to draft a resolction of denial for the
Lonie Fisk variance application oased on the following
findings:
1. The property can be put to i reasonable allowed
use, it can be combined with the adjacent
property, and there is an outstanding offer to
purchase by the adjacent prop::!rty owner.
2. Tr%e intent if the application is contrary to the
l,,?t-tor and intent of thc)rono^o.vprehensive Plan.
Jhe devploprent and/or grantinj of the varian-a
4-),1111 Set an itiverse precejecit in thn City.
4. "he applicant/purchaser shoui.d have had
kno.+ledge of the zoning code requiru.nenca brio% to
pur.ch.j. Any h_�rdship seems to be self imposed.
5. This is tax Corfeit property.
6. one-half serer. unit was char jed indicatin:.
question on the part of someone that the lot is
substandard.
7. No lateral sewer assessment was leviod against
this properly thereby again raising the question
of the substandard status of the or r.ty.
8. The property falls short of. the zoning standard to
an extent torn 3r?at to enable justification of
tlranti,iq of t_;e variances requested.
9. The property does not conform to the .jrrent
ievelopmOlIt pattoirn of the neighborhood.
,t ion, Ayes (4) , gays (1) . ^ounci lmeabfer Grabek
.1 nay for reasons c,.oted above.
euNwrEs Or THE REGULAR ORONO COUNCIL MF;!,,rING HELL) O("'OKER 29, 1984. PAGE: 17
#811 JOHN ERICSON
1629 SHADYWOOD ROAD
SUBDIVISION i VARIANCE
.;ohn and Barbara Ericson were present. Bruce
Goldstein, Ericson's attorney, was present. Zoning
Administrator Mabusth state] that Ericson seeks t:ie
division of leg -illy comhired substandard lots.
Mibusth stated that Lot 3 seeks .an area variance- of
l,2"7 sE or 10 p> rcent and a width �aciance of 35
percent. M,ilbust.h stab,:] that :,ot 4 seeks an area
variance of 26 pert_ent• and a width variance of 35
percent.
7-)nir1j Administrator: MibL:Sth stated that �,laonin,j
.�.4:1•sission 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
ba revieweJ per standards of the subdivision code.
Mabusth noted that the City hasn't approved n:.!w
subdivisions with variances, and therefore Planning
Colnmissio.i denied the application.
Bruce Goldstein noted the Ji fferenf:e between L son' R
application and the pr,ivious Lonie Fisk application:
1. Ericson's are not new to the City. Eric:son'�s hav-�
I red hero. for 40 years, so there isn't a stranger
who has picked up t-Y forfeit land.
2. 'lot ie-.lin3 Frith tax forfeit l.anJ, but laud that rias
been in the Ericson family since 1940.
3. No neighborhood opposition. Goldstein noted .. t
a petition has 'a( -en submitted by Ericson's
neighbors who were in favor of toe app* tion.
,k)IJstein noted that t.h� Council is obr.igateu hear
testimony upon a request iat i , ani,ju.- _ the
individual property. Goldstein stated that it .s
,app! priAte t- look at things in the past or things
that might haps�rl. in the future, brit look at the unique--
t,iingi of tn-� property. 1oldr-tein stated tnat tl,.-
neighborhood pee tarn is the sane as this proposal.
Goldstein stated that the Mn Supre~ne Court have liven
some direction on how Cities should look .!fon lakeshore
property. njoldstrin slated that in Geryin vs LaSeur
C,)unty the following was r.7ted:
he &'t t s. to requ t re aen'c , when be ► rng appl ie ! to
lakashore prope►.ty, must be applies in a aaanner
designe l to ro!cogr i cr the use of ,ne property
2. When deal .ng with lacexhore prer^rl y, standards of
the ardinanr-o yhouid tw apj)' � " to avoid absurd
+ult•:.
MINUTES OF THE RE:GULAi: ORONO COUNC(t. 4EKTING HEf o ocroBER 24, 1984. PAGE 18
#811 Ericson I. t,akeshore property is entitled to Spec i'sl
treatment.
Mayor Butler stated that the City has nejer approved A
subdivision with variances. Butler stated that
lakeshore property is unique and that is why the City
has strict standards regarding hardcover. Butler
noted that the one lot conforms 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 regulations.
Councilmember Frahm noted that the biggest detri.aient to
the lake is hardcover.
Bruce Goldstein atated that these are two separate
lots, so the City is not really talking about a
subdivision.
Mayor Butler spited that the lots were combined
according t:► Hennepin County. But oir stated that the
Ericson's have beneffrom tiie combination in that
the tax assessor assesses the value differently when
the lots are *1,itler stated thA� it iy looked
upon as one developed lot.
Bruce Goldstein stated that Lha Ericson's ltava nevar
combined the lots. Goldstei,) stated that the County
probably thought it would be easier to send out one tax
statement, than tiro.
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 anal a 63' 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 fr -)ne, because the City
didn't do their job when they )ut in the sewer and the
stub that is for the present house is way over by
neighbor's driv+?w)y. Erics:)n stated that at that
t imo, he to Id the C i ty he would pay f or i t when the C i ty
fixed it.
Mayor Butler stated that if the City approved this
subdivision with variances, there are 43 other
prope-rliesi that would ask for the same rconsideration.
Count:i :member Frahm moved, Coun,-i Imerber Grabek
suit ended, to request staff to draft a resolution of
denial based on the following findings made by the
Planninj "o.amt-iii-)n:
MINUTES OF vig REGULAR ORONO COUNCIL MEETING HELD OCTOBER 29, 1984. PAGE. 13
#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 be,�n used as one single
residential unit based on location of the garage,
access drive, and sewer line that serves existintl
house.
4. 13etween -offee and Hendrickson oridges alon3 'forth
shore -)rive and Shadywood Road f ronting on ,rystal
Bay, 16 properties that are legally combined on
two or more lots could seek the same division with
variances if this application is approve-],
resulting in 16 new residences on Crystal Bay
5. A very prel iminary review of the ownership patter7-.
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 use:l as a
residential unit receiving) tax benefits for a
minieum of 30 years. The undevelopeO i,r)t 3 is
taxed on an incremental basis, not as a buildable
7. The granting )f such variances would change the
character of the immediate surrounding neighbor-
hood.
8. Approval of this variance and subdi:-ision
application would be in conflict with the intent
of the Zoning CodM and Comprenensivi? Plan of the
city.
`lotion, Ayes (5), Nays (0).
#814 JOHN ERICSON
1482 LYRIC AVENUE
VARIANCE John Ericson was present. Ericson si_ated that this
application has been withdrawn.
MINUTES OF THE REGULAR ORONO COUNCII. MEETING HELD OCTOBER 29, 1964. I'AGF: :,(1
1840 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 ether
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 Hammerel seconded,
to approve Resolution #1692, A Resolution Approving the
Final Plat of French Creek. Motion, Ayes (5), Nays
(G).
Alex Jentilucci of 1.295 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
drainageway 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 maintair
this underground title if this tile breaks.
Zoning Administrator Mabusth 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 thf, tile. Jentilucci
stated that. the City has used this tile for the drainage
fo, the whole area.
Zoning Admii,ist.rator 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 Jentilucci's letter as follows:
"For the purpose of clarity to avoid any possible f uture
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 OCTOBER 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 the if they were going to install it.
Councilmember Hammerel asked who put the the 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 repa.Lred or replaced by the City back
in 1970's.
Councilmember Grabek stated that if the City replaced
it, the City should maintain it.
Mavor 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 owner on notice of the tile.
Councilmember Grabek moved, Mayor Butler seconded, to
direct staff to find a solution how the City can take
care of the culvert that the City put in, to take care of
Jenti1ucci's property so that it doesn't back up, and to
ensure that Dayton wi1I 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 41693, A Resolution
Approving a Variance to permit the construction of an
attached garage. Motion, Ayes (5), Nays (0).
PAYMENT tl - BUrFALO
BITUMINOUS - SEALCOATINGCouncilmember Frahm moved, Councilmember Adams
seconded, to approve Payment 11 to Buffalo Bituminous
in the amount of 559,087.42 for sealcoating. Motion,
Ayes (5), Nays (0).
CHANGE ORDER { 1
A i D CONTRACTING
NAVARRE FORCE MAIN Councilmember Frahm moved, Councilmember Haaunerel
seconded, to approve Change Order No 1 in the amount of
$2,800 for the replacement of a storm sewer on County
Road 19. Chan a Order 11 also extends the cofrpletion
date of the pro ect f row NevemLer 1 1984, to December
15, 1984. Motion, Ayes (5), Nays (0).
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 29, 1984. PAGE 22
PAYMENT #1
B & D CONTRACTING
NAVARRE FORCE MAIN Councilmember flammerel moved, Councilmember Adams
seconded, to approve Payment 01 to B & D Contracting in
the amount of $59,576. Motion, Ayes (5), Nays (0).
STREET SECTION REVIEW City Engineer Cook reviewed with the Council 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 $?63,900 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 Hammerel
seconded, to approve the information letter frm 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, Councilmember Hammerel
seconded, to approve Resolution #1695, A Reso.lutior;
Providing for the Collection of Delinquent 1984 Alarm
User Fees Cnarges. Motion, Ayes (5), Nays (0).
SALARY ADJUSTKENT
LYLE OMAN* Councilmember Adams moved, Councilmember Hamm#:rel
seconded, to approve a salary adjustment for Lyle Oman
from $7.2`i/hr to $7.50/hr effective October 22, 1964.
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 Zoning 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 ATTORNEY'S REPORT
PAUL SMITH UPDATE City Attorney 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 sewer, 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 permit - Art Center of MN - 11-27, 28, 29, �0 b 12-
1-84
Motion, Ayes (5). Nays (0).
B111 LS* Councilmember Adams moved, Councilmemt:er Hammerel
seconded, that he 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, Councilmember Frahm
seconded, to adjourn the regular Council meeting at
11:06 p.m. Motion, Ayes (5), Nays (0).
ATTEST:
Dorothy M. Hallin, City Clerk
Mary C. Butler, Mayor
MINUTES OF THE CANVASSING BOARD MEETING HELD NOVEMBER 7,
ATTENDANCE 5:05 PM
COUNCIL MEETINt
1984. PAGE 1
NOV 1 3 1984
The Orono Counci l met on the above date with the following
members precent: Mayor Butler, Cou'i3O
Frahm, and Hammerel. Councilme etylpb 1
absent. Deputy Clerk Lattin, Public Works Coor-
dinator Gerhardson, City Attorney Radio, and Recorder
Sutton represented the City staff. Herb Reissner was
also present.
Mayor Butler stated that the purpose of this meeting is
to review the tally sheets from the election held
November 6, 1984. Butler stated that the result of the
election is that Jim Grabek and Lynn Adams have heen
elected to four year terms to the City Council effective
after the first of the year.
Mayor Butler stated that there has been a question on
the write-in votes in precinct N1.
Public Works Coordinator Gehardson stated that it is up
to Council's discretion if they want to review the
write-in votes,
Council felt that they should review the write-in votes
for precinct N1.
Mayor Butler read the results of the write-in votes from
precinct #1 as follows:
Precinct it
Gary Printup
Barbara Peterson
Jo Ellen Hurr
Brad Van Nest
Albert Aschenbeck
Supervisor of Soil
Kienzler
Jim Grabek
Mayor Council
1 4
4
2
1
1
6 Water District #4 Marianne
Ed Spencer for President
1
Councilmember Adams read the new totals of the tally
sheet for the office of Mayor as follows:
Mary Butler 2,894
Brad Van Nest 1
Gary Printup 1
Bill Sime 6
Gloria McDonald 1
Albert Aschenbeck 1
Jo Ellen Hurr 4
Jim Grabek 1
Bob Benson l
Bill Wear �'
MINUTES OF THE CANVASSING BOARD MEETING HELD NOVE)ABER 7,
ATTENDANCE 5:05 PM
COUNCIL MEETING
19H4. PAGE
N O V 1 3 1984
The Orono Counci l i.let on the above date with the fol lowing
members present: Mayor Butler, Cou r�
Frahm, and Hammerel. Councilme � b� hO
absent. Deputy Clerk Lattin, Public Works Coor-
dinator Gerhardson, City Attorney Radio, ar,-I Recorder
Sutton represented the City staff. Herb Reissner was
also present.
Mayor Butler stated that. the purpose of this meeting is
to review the tally sheets from the election. held
November 6, 1984. Butler stated that. the result of the
election is that Jim Grabek and Lynn Adams have been
elected to four year terms to the City Counci 1 effective
after the first of the year.
Mayor Butler stated that there has been a question on
the write-in votes in precinct N1.
Public Works Coordinator Gehardson stated that it is up
to Council's discretion .if they want to review the
write-in votes.
Council felt that They should review the write-in votes
for precinct. #I1.
Mayor Butler read the results of the write-in vot-5 from
precinct ##1 as follows:
Precinct /1
Gary Printup
Barbara Peterson
Jo Ellen Hurr
Brad Van Nest
Albert Aschenbeck
Supervisor of Soil
Kienzler
Jim Grabek
Mayor Council
1 4
4
2
1
1
lr Water District Q4 Marianne
Ed Spencer for President
1
Councilmember Adams read the new totals of the tally
sheet for the office of Mayor as fellows:
Mary Butler 2,894
Brad Van Nest 1
Gary Printup 1
Bill Sime 6
Gloria McDonald 1
Albert Asche.ibeck l
Jo Ellen Hurr 4
Jim Grabek I
Bob Benson 1
Bill Wear .1
MINUTES OF THE CANVASSING BOARD MEETING HELD NOVEMBER 7, 1984. PAGE 2
Counci lmember Adams read the write-in total for Council
seats as follows:
Gary Printup from 2 to 6
Barb Peterson from 1 to 5
Councilmember Adams moved, Councilmember Frahm
seconded, to add these names to the.. tally sheet.
Motion, Ayes (4), Nays (0).
Councilmember Frahm moved, Councilmember Adams
seconded, to approve and certify the election results
of November 6, 1984. Motion, Ayes l4), Nays (U).
ADJOURNMENT 5:25 PM Mayor Butler moved, Councilmember flammerel seconded, to
adjourn the canvassing board meeting at 5:25 p.m.
Motion, Ayes (4), Nays (0).
ATTEST:
Dorothy M. Hallin, City Clerk Mary C Butler, Mayor
City of ORON& UNCIL MEETING
RESOLUTION OF THE CITY COUNCIL NOV 1 "' ',��44
NO.
CITY OF ORONO
V RESOLUTION DENYING AN APPEALS APPLICATION
THAT WOULD EXEMPT THE DIVISION OF
LEC"•LIY COMBINED LOTS FROM THE SUBDIVISION REGULATIONS
OF THE CITY GAP CIRONU
WHEREAS, per- Section 1(.).Cr6 Subdivision 2 John Ericson
(hereafter - "applicant") filed an appeals application with the
City that sought to clarify the application of the subdivision
regulations of the City in the division of applicant's legally
combined lots described as Lot 3, Lot 4 and the south 5 feat of
Lot 2 Shradywood according to the recorded plat thereof, Hennepin
County, Minnesota (hereafter "the property"); and
WHEREAS, the applicant was aware of the Orono City
Council's (hereafter "City)) year long study and #inal resolution
of the matter of requests to sell or separate contiguous cowered
substandard lots held in common ownership, that resolution would
afford lots under common ownership the same revirw precedure
provided for substandard lots held in single separate ownership;
c+nd
WHEREAS, the applicant was advised that Section li.lr',
66 Subdivision, Classification, Item 2 would require the filing
of a formal subdivision application if legally combined lots are
to be divided and that the proposed application would also
involve multiple variance applications; and
WHEREAS, thrr applicant filed an appeals application
6eel:inq direction from the City in order to determine if the
review procedure and per+orma.nce _tandardL established for
substandard lots owned in common would now apply tQ the division
of lots legally combined for tag: purposes; and
WHEREAS, tI[e City Council has considered the
applicant's appeals application, the recommendation of the
Planninq Commission, the written comments r.( the applicant's
attorney, the oral comments of both the applicant and <<pplicant's
attorney.
Page 1 of 55
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
NOW, THERE'�ORE 8E IT RESOLVED that the City Council of
the City of Orono hereby denies the appeals application of John
Ericson that sought to exempt the division of applicant s legally
combined lots from the customary performance standards set forth
in the si..rbdi vi si on regal at i ons and -•-ini nq cod(- of the C1 t y teased
on one or more of the following findings:
FINDINGS
1. The applicant has asked the City to consider waiving the
application of the performance standards of the subdivision
regulations in the creation of a new building site by
approving the following varianceLu:
?he LR-IC, Lateshore Residential District requires the
following standards:
Area = 21,780 s.f.
Width = 100'
a) Lot 3 + part of Lot 2
Area E>: i st i ng - 19,50v s.f.
Variance a 2,280 s.f. or 10
Width Existing - 65'
Variance - 35' or 35%
b ) Lot 4
Area F:'isting - 16,21(h) s.f.
Vdr 1 ancc= = 5,580 s. f . or 267.
Width E>;isting = 65'
Variance -• 15' or 75%
c) Side setbacl vari,rice required for residence on
I of 4:
Required - 10
E:cisting = '•'
Variance - 7' or 70
page = of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
2. The City of Orono has never approved lot standard
variances with subdivisicans that create new boiIdirig site .
I.. 1tic conditions upon which the regoest for o variance to
the normal procedural review are based are not unique to the
property and appear to apply generally to other property in
the area in consideration of the following facts:
a) between the Hendrict•:son bridge and Coffee Bridge
within the LR-IC zoning district the following facts
are noted:
1. there are _31 lal-eshore residences fronting on
Crystal bay,
2. 16 of 311 have been legally combined,
the average lot size of these 16 lots is .54
acres,
4. none of these 1h lots if divided would meet
the zoning standards of the district,
5. 13 of the 1 arc• b3(i wide or less,
6. none of the 71 cauld be split and still meet
the minimum 100 lot width standard for each lot.,
b) A preliminary review of the ownership patterns of
the LR-1C district (not including the Navarre area)
shows 16% or 43 properties offer the potential of
divisions if City approves: si mi 1 er reyuc-At ,.
4. Fin unusual hardship does not e;ist on the property
because of the following findings:
a) The combined prop_•rty h.As been used as one single
residential unit based on the location of the garage,
access drive -%n- sewer line for over -0 years.
F age of
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO.
b) 1he applicant and previous owners have received tax
oenef i is from the legal combination of Lots 7, 4 and 5
feet of Lot 2.
c) Lot 3 is ta:ced on an incremental basis, not as a
buildable lot.
5. It is the opir„r-,n c,f the City thet the strict.
enforcement of the performance standards of the subd?vision
regulations of the City wi11 preserve well fvundtd
ervironmental standards in futork development of lal eshore
prorerty within the City.
6. Variances to the mi ni mur., ren-!i cements for a lot as set
forth in the zoning chapter of tr.e Municipal lode would be
in complete conflict with the intent of the Comprehensive
Flan, the intent of the Lk -IC zoning district and the intent
of the sundi vi si on regulations of the City.
To approve lot area and lot �+idth variances concurrent
with subdi vi si oro appl i cati ores would establish r- negat.i ve
precedent in similar reviews-
P. Minnesota C:,urts find ttie apc- l i cat. i on of the law aG
relevant in decision mating as the intent of the written
law. If the City was to grant variances in this case. the
City would he bound to apply the me standards tc ot`cr
app) i cants or be aCCUSsed in a Cour -_ of act i nq :.,rhi t rar y and
capricious or denvinq an individual c.,f equal protection
r inder the 1 aw.
C�. In review of the factual' findings noted in item '•, the
applicant may best serve his purpose by aslinq the City to
amend its official map rather than expwct the City to place
itself in the position of having to approve .' sirr,ilal-
voriante applications.
Page 4 of
City t ORONO
RESOLUTION 10F THE CITY COUNCIL
NO.
11i. The app] icant has not in+ruducc-d any evidence contrar,,
to any of the above findings. The applicant asks -For-
spccial treatment of his lakeshore property questioning
requirt-d lot standardn that prohibit applicants desire to
c.onrtroct a residence on a. portion of his property. the
applicant's claim that strict interpretation of the code
will result in absurd results iAre unfounded. The standards
for the development of lakeshore property within the City of
Orono are not based on absurd aesthetic whims but on well
founded Lanvironmental principles and factual findings
repeated throughtout the Municipal Code and the City's
Community Management Plan.
11. Denial of this appeals application, and therefore thr.
inevitable denial. of both subdivision and va.ri.ance
applications, does not constitute a taking of property or
luss of stAstarntial value because the property has always
been one residential building site, all of which has served
as rc•gtd red area, yard and open space for the residence
which continues to occupy said property. The applicant
purchar-ed the property, in 1961 from his father who owned the
Tarr-1 ar.d ho u v.v in its present state since 1947, thf-
applicant has enjoyed its benefits as a fully conforming
residential lot within the LR-1C zoning district for
years, and could Lontinue to enjoy the sane benefit rind
value withcrt.rt the proposed subdivision of the property.
Adopted by the City LOUncil on this 17-th day c-f
November , 1904.
Al TEST:
Dorothy M. Hallin, City Clerk,: Mary C. Butler Mayor
Page 5 of 5
COUNCIL MEETING
NOV 1 3 1984
Tot Council Members T��v/
Fromt Michael P. Gaffror+, iassistant Zoninq AdmiriQ4T tQF ORONO
Dates November 6, 1984
Subjects 0861, Steven Pau 1. y , . 98t► Dahl Road
Var i �Ance
List Exhibitst
Exhibit A - Application AI Letter
Exhibit B - Flat Map
Exhibit C - Survey Showing Hardcover Proposed To Be Pemov-d
Within (1-75' Zone
Exhibit D - Addition P1•?ns
E)chibit E - Planning Commission Minutes 9/17/84
Exhibit F Council Minutes 10/16/84
Exhibit G - Michael P. Caffron's Memo Of 10/11/84
Exhibit H - Hardcover Calculation
This application was tabled at your Uctober 15th meeting in
gr-dt-•r to allow the applicant to reduce the hardcover increase
proposed.
The applicant has revised his plans by proposing to remove
the ex i st i nq sherd (1 r:r ' ); 11.- or 1 3U s. f .) and approx i matte 1 y 421-'r
s.f. of the graveled lower driveway which actually extends, to
within the 75 setback: zone, contrary to what was shown cin the
survey.
This leaves a net ) ncrecAs►' 1 n har,dcr)\,rr of ! : 74-144
s. f . or 1.8% rather- than the �. 3? oridinai l y proposed.
r, site inspr.-ction al-=n noted A blor.l, patio of roughl ✓ 8• );
22or 176 s.f. which was not shown on the survey but could be
considered as hardrhver. It would seem to 5cr.e the same purpose
A�� the proposed new dick _: .and if removed wot.ild further lower the
net hardcover incroasp to •.�hoult
H res0111t i on IS att�?ched which can be mod) f i ed to %ui t Your
wi lahes .and rrf l ect the revised hardcover numbers. dote also that
(. her oii i st i ny boathouse is a l eqa 1 nonconf ormi nq mtrUCt ur a and
-suh nct to the pertinent ordinances.
CITY OF ORONO
VARIANCE APPLICATI I j Application Fee $100.00
After -the -Fact Fee $200.00
--------------------------------------------------------------------------
PROPERTY LOCATION
Site Address _ 3`%8o Vx-1 %<.J , )"0u4 b
Property Identification Number (P.I.D. ) (5 9117.13-1-10001
Please check one -- Is the property abstract or torrens?
Please attach legal description to application if not included on required
survey.
--------------------------------------------------------------------------
APPLICANT N'1'
Name -S7-iP-0:a Pit-u_Ly Phone H -4/7,2-y63Ci lq - q7/-�
Mailing Address 99;? /Dig6-,L. U24 %jfnw,-- i, 'j S36d
------------------------------------------------------ --------------------
OWNER
Name _ ` Utz - �4 Phone
Mailing Address —
Date Property Acquired _7 LI (month/year)
I ) do not) lalso own the adjacent parcels of land.
--------------------------------------------------------------------------
PRESENT USE OF PROPERTY
Present Zoning District
Present Use of Property �_ Residential
Other (specify)
--------------------------------------------------------------------------
DESCRIPTION OF REQUEST
Estimated
Construction Cost
Describe request in detail:
X r7, clX zSf 3t(-1
--------------------------------------------------------------------------
VARIANCES REQUIRED
Lot Area Lot Width ✓/ Hardcover
Setback Variances Front Side Rear)
Cther
(v,,ur )
HARDSHIP
Describe undue hardship or practical difficulty resulting from strict
enforcement of zonin regulations:_
4.rz. = ?=l T r ) -. . ts-.T
-•-------------------------------------------------------------------------
DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe unusual property conditions preventing compliance with Zoning Code
Requirements: _
--------------------------------------------------------------------------
REQUIRED SUBMITTALS
1. Completed Application Form.
2. Certified Property Owners List of owners within 150' (you can obtain this list
from Hennepin County Department of Fina^ce A-603Government Center 348-3271)
3. Stamped, legal sized envelopes (N10) pry a ..essed to each of the names on the
above list with no return address.
4. Certificate of survey.
5. Plat Map.
The Applicant and Property Owner must sign this application. Please remember
that your variance application is not complete if the above information has not
been included.
------------------------------------------------------------------- ------
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or requested by
the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred
in review of this app) ication, and certif ies that the information supplied is true
and correct to the best of his/her knowledge. Q
Applicant's signatu '
Date
OWNERS SIGNATURE
The owner hereby acknowledges and agrees to this application and further
authorizes reasonable entry onto the property by City staff, consultants,
agents, commission members, and Council members for purposes of investigation
and verification of this request.
Owner's signature Date S a -a- 8
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.
VARIANCF APPLICATION #
46" ,
:,ite Address: 3990 Dahl Road, Mound, MN
Applicant: Steve Pauly
HARDSHIP
As the Toro map shows the existing house at its closest is approximately 40, to
the edge of the lake. The North wing and the proposed new South wing will be
approximately 501 from the lake. The hardship that exists: A.) That the house
cannot be built back because of the driveway directly behind the house.
B.) The steepness of the hill, next to the driveway, would rewire extremely high
foundation and unuseable entrances/exits from the house to the lskesic'e.
C.) Rebuilding on a large portion of existing foundation and extending South with
a new foundation allows the house to be built up... not out.
REQUEST
A.) The existing house, with the exception of the North wing, will be leveled
to the foundation. The leveled portion of the house will then have its foundation
extended up an additional 3 courses of blocks or 24". A new foundation will be
extended out and South from the East wall of the house. (The Fast wall being the lake
side of the house). The new foundation area will turn West to the driveway area,
then 'forth to intersect the existing foundation. There, also, will be a small
footing area extending slightly into the driveway for the entrance area into the house.
A deck will be installed on the 1-ke side starting at the North wing and running
parallel to the house. At the S.E. corner it will widen and turn hest at the South
side remaining wider there, rather than the deck extending toward the lake.
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MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 1.7, 1984. PAGE 9
#858 ROBERT HOWELLS Adams moved, Sime seconded, to recommend approval of
the lot area and 25' road setback variance to build a
new home on 1448 Park Drive subject to the following:
1. No access off County Road 19.
2. Quit claim deed over travelled roadway and
shoulder to be confirmed with City Engineer and
Public Works Coordinator.
3. Easements over portions of municipal sewer not in
dedicated right-of-way.
4. Payment of $225.00 sewer plant charge.
5. Existing cabin is a non -conforming structure and
subject to all pertinent ordinances.
6. Waive park fee in recognition of the land area that
was lost due to road right-of-way.
Motion, Ayes (3), Nays (2). Kelley and Callahan voted
nay. Kelley and Callahan felt that the non-
conforming cabin should be removed.
McDonald noted that the cabin is used for storage and
��''''��;"that it is structurally sound.
GE TEVEN PAULY
3980 DAHL RCAD
VARIANCE
PUBLIC HEARING
9:55 - 9:56 PM Steven Pauly was present. Assistant Zoning
Administrator Gaffron noted the certificate of
mailing and the affidavit of publication. There was
noone present from the audience for this application.
McDonald noted the hardship as the steepness of the,
laiid . 1
Kelley noted that there is an increase in hardcover.
Adams moved, Sime seconded, to recommend approval of
the variance Steven Pauly at 3980 Dahl Road for the
construction decks to the existing house within the
75' setback line of the lakeshore allowing a 3 percent
increase in the 0-75' setback zone, finding severe
slopes on the land and the original house and
foundation are situated within the 0-75' setback zone.
Motion, Ayes (4), Nays (1).
Kelley voted nay. Kelley felt that the slope in the 0-
75' setback zone is not a sufficient hardship. Ke-'ley
stated that the hardcover is too high on the property
already in the 0-75' setback zone.
,4UTES OF THE REGULAR COUNCII. MaJ."1114G 111:1.1> OCT0111:N ]'), 1984. PAGE 7
1860 FUNK/110GOSHE''SKE.
#061 STEVEN PAULY
3980 DAHL ROAD
VARIANCE
RESOLUTION
Mayor Butler moved, Councilmember Hammerel seconder],
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:
1. Drainageway must be designated as 20' wile
drainage easements --dry areas cf Dots 2 and 3 must be
exclusive of drainage al -can.
2. Applicants to provide information to City as how
future owners or Tots 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.
Moticn, Ayes (3), Nays. (1). Councilmember Adams
voted nay because he felt that the road maintenance
should be resolved before pre? iminary approval should
L:� granted.
Mr. and Mirs. Stever 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 kould not arprove 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 suppcsed 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).
To: Council Members
From: Michael P. Gaffron, Assistant Zoning Administrator
Date: October 11, 1984
Subject: #861, Steven Pauly, '980 Dahl Road
Variance
Zoning District - Lk-18
Application - Construct decks and addition for existing house
within 75' of 1al:eshore.
List of Exhibits:
Exhibit A - Application & Letter
Exhibit H - Flat Map
Exhibit C - Froperty Owners List
Exhibit D - Survey
Exhibit E - Plans for Addition
Exhibit F - Planning Commission Minutes 9/17,'84
The applicant is requesting to reFonstruct the greater
portion of the house, with proposed additions to the southeast
end and a deck along the laleshore facades. Please read
applicant's memo re: hardship and request.
The proposed addition would extend the e;:isting lines of the
house within the lakeshore setback zone, increasing hardcover in
0-75' from about 6% existing to about 9%. The property includes
about 2 1/4 acres and about 600' of lak:eshore.
At the closest point, the proposed decks would appeiAr to he
about 20' fro,o the shoreline.
0-75'_ H,�rdcov-gr (+/- 38,000 s.f. area in 0-75')
F� c7pased decks 1350 s.f. +/- (1'250 s. f . = 7%) Proposed
Proposed addition 4t►+► s.+.
Existing House 140i► 5.f, 7(2260 s.f. = 6%) Existinq
Shed 120 s.f. +/-
Boat house _`40 s.f. +/-
Gravel drive 500 s.f. +/-
- Total 9",
75-_50_ Hardcovgr
Garage - 540 s.f.
Paved driveway = 2500 s.f. +'-
Gravel driveway 5,(1100 5.+. +/-
total +/- 9.1_04140 f. - 1'_•
(+/- 60,004) s.+. arva in
Note that this property recently went through a subdivision
which was never finalized. The current owner plans to keep this
as a single piece for the time being. Disregarding hardcover
setback. zones, the overall hardcover on this property is about
At their September 17, 1984 meeting, Planning Comm,ssion
recommended in a 4-1 vote to approve the proposed variances, with
the hardships noted as the location of the existing houses and
the steep slopes. The minority opinion is noted in Exhibit F.
Does the Council wish to consider having the Ppplicant.
remove either of the accessory structures near the lake in
compensation for the increases in hardcover"
A resolution is attached.
0-7�
HARDCOVER CALCULATIONS
Area wi ,nin 0-75' - 38,000 s.f. +/- l l% - t,: -. f. )
Existing Hardcover:
- House 14( , )i i s. f .
- Shed 130 s.f. Existing Hardcover-
- Boat house 240 s.+. 2-866 s.f. or 7_5%
- Gravel Driveway (near house) 50u s.f. +7-
- Gravel Apron (south end) 426 =.f. +1-
- Patio 176 s.f. +/-
Proposed Additional Hardcover
Decks 850 s.f. Total Existing &
Addition 400 s.f. Proposed 1�►.8%
Total 1250 s. f . or '. 7-%
Less gravel apron and shed to be removvd � 1 5(-) - J50) - 7i)r.i s.+.
or I . 13%.
1 Final'Net Total 9. "!.
Less patio. . Final Net Total 8.9%
A RESOLUTION GRANTING A VARIANCE TO
MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 & 2 - FILE i861
WHEREAS, Steven Pauly (hereinafter "the applicant") is owner
of the property located at 3980 Dahl Road within the City of Orono
(hereinafter "City") and legally described as follows:
That part of Lot 4, Section 8, Township 117 North, Range 23
West of the 5th Principal Meridian described as follows:
Commencing at meander corner between Sections 7 and 8,
Township 117, Range 23; thence Sot•th along line between said
Sections to a point where a line running East at right angles
to said Section line from same to shore of Lake Minnetonka
will include 2 acres off North part of Lot. 4 said Section 8;
thence at right angles East to shore of Lake Minnetonka;
thence Northerly along said shore to beginning, 2 acres;
(hereafter "property"), and
WHEREAS, the applicant has applied to the City for a variance
to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and 10.55
Subdivision 8, to permit the construction of a decks and an addition to
the existing house 28 feet from the lakeshore where a 75 foot setback is
required, and to allow an increase in hardcover in the 0-75' foot
setback zone from_2y-2, b square feet (orJr4') to 3.,-5r1-d square feet (or 9%)
where no hardcover is allowed.
f -(A'
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as zoning file #861.
2. The property is located in the LR-1B Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on September 17, 1984, and recommended approval of the
proposed variances based upon the following findings:
a) The existing house is located almost entirely within
the 0-75' setback zone and it would be a hardship to the
owner to mo•,e the entire structure in order to meet the
setback and hardcover requirements.
b) The steep slopes at the house site constitute a
hardship to the property.
4. The City Council has considered this application
including the findings and recommendations of the Planning
Commission, reports by City staff, comments by the applicant
and the effect cf the proposed variance on the health, safety
and welfare of the community.
5. The City Council finds that. the conditions existing on
this property are peculiar to it and do ►got apply generally to
other property in this zoning district; that granting the
variance would not adversely affect traffic conditions,
light, air nor pose a fire hazard or other danger to
neighboring property; would not merely serve as a
convenience to the applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to
preserve a substantial property right of the applicant; and
would be in keeping with the spirit and intent of the Zoning
Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above f indings, the Orono City Counci 1 hereby
grants a variance to the Municipal Zoning Cole Section 10.22,
Subdivision 1 and 10.55 Subdivision 8 to allow construction of decks
and an addition to the existing house 28 feet from the lakeshore where a
75' setback is required, and a variance to Section 10.22 Subdivision 2
to allow an increase in hardcover in the 0-75' setback zone from, fi0 "f.t0
square feet (or,") to 3�square feet (or _S91) where no hardcover is
allowed, subject to the following conditions:
7 %'/.
1. Applicant is hereby advised that the City will n*%
approve any future improvements that result in additional
hardcover in the 0-75' setback zone, and that. if such
improvements are proposed that they be counterbalanced with
the removal of existing hardcover.(i 1%7 %nTM� 't* t'� A.
Authorities granted by this variance rur, with the
property not with the applicant, but are permissive only and
must be exercised by application for a building permit within
one year of the date of Council approval, or this variance
will expire on that date (October 15, 1985).
,ei/'jI/C /� 4Al1Zt� -rUAT rr1 Ex,�t//-r �.w►r fIL.iJ( 1S Ll(��L/�daa. �r��t•,Cyr�A(
S'T/t�ll���►t 1w7 I ; �.aR 11 (`T 7f't /'�ir1�T/NIW" l i raJ^A/V(!'a
y �'. 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.
s /Y. The undersigned applicant has read, understood and
hereby agrees to the terms of this resolution and on behalf of
himself, his heirs, successors and assigns, hereby agrees to
the recording of this resolution in the chain of title of the
property.
Adopted by the City Counci 1 on this 15th day of October, 1984.
ATTEST:
Dorothy M. Hallin, City Clerk
(1) Property Owner
t:
(2) Property Owner
(3) Property Owner
Mary C. Butler, Mayor
COUNCIL MEETING
Too Welter R. Benson, City Admini- i r..t : NOV 13 1984
Orono Council Members
Froms Jeanne A. Mabusth, Zoning Administrator CITY OF ORONO
Date: November O. 1984
Subjects #869 James Phelan, 1231 Wildhurst Trai]
Preliminary Subdivision
Zoning District - LR-18
Area - 1 =:.09 Acres Dry land
Application - Subdivision - Plat - 2 Lots
Mr. Phelan proposes a division of his homestead creating a
new acre lot for residential development. The Public Works
Department has reviewed the application and finds no need for
dedication of additional right-of-way for roads or for e:<isting
_sewer lines in Wildhurst Trail. All existing structures meet the
required setbact:s for the LR-lb zoning district. The total
property has been assessed 2 sewer units. The e;:istinq sewer
service has adequate capacity to permit a new hoof; up.
Planning Commission recommends preliminary approval of the
lot plat application of James M. Phelan finding all standards of
the LP--1B zoning district havo been satisfied and that the
property has been assessed 2 sewer urii.ts and sewer is available.
Approval is subject to the following conditions:
1. F?-Ature owners of Lot 1 must apply for a land use permit
from the f,i t y if a guest home ust? is proposed for structure
referred to as shed on preliminary plat.
2. Payment of park fee for newly created Lot 2 at *100.00.
Future owner of Lot 2 must have new access to site
approved by the Public Wort,.s Department.
4. Plans for sewer connection to Lot 2' Must be reyi owed
prior to i¢surance of a building permit for new residence by
the Public Wor-Ps Department.
5. Sewer unit fee of f225.04) must be paid with building
permit for Lot 2.
CITY OF ORONO
SUBDIVISION APPLICATION FORM
Date Rec' dBy
Fee R4Ycld•�-
4 / G / S'3
---------------------------------
APPLICANT Name �Lqm LS
i 1J ,
----- ---------------------------------
fIEL f %
Telephone y72- yZ 7 f
Mailing Address
%-123
�v/La K.C'S7
~ A?. — r)�oH.vJ) fr34el
PROPERTY Name
Telephone V72— VG 7 r
OWNER
Mailing Address
GV/LP14"�4ir
%.� /1'iu�LN�_ L�%�. .T.r•/LS%
(Attach list if
more
than one)
--------------------------------------------------------------------------
PROPERTY LOCATION
Street Address /a 3/ /i,-, -- R, 4AliD - fs31, V
Property Identification No. (P.I.D.)
Complete Legal Description to be attached to application
--------------------------------------------------------------------------
EXISTING LAND USE
Number of Tax Parcels
Development Size /.3 89 Acres Dry Land
p Acres Wet Land
/3•a4 _ Acres Total, all parcels
Present Use (check)
Residential; no. of units
Other (specify)
Present Zoning District Lle / -Q
--------------------------------------------------------------------------
PROPOSAL Division for Tax Purposes
Lot Line Rearrangement Only (no new building sites)
✓ Subdivision for New Building Sites
Number of Building Sites:
r
Z
Proposed Gross Density .t
Minimum Lot Size: 56¢92v
Proposed Use: (check)
Existing Units
New Units
Total Units
15.6?
Units per f— Acres
Square Feet Dry Buildable
Land
Residential
Other (specify)
MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION
I. Application Completed
2. Preliminary Plat information on Certificate of Survey.
3. Certified Property Owner's list of owners within 350' (this list can be
obtained from the Hennepin County Department of Finance A-603 Government
Center 348-3271)
4. Stamped, legal sized envelopes (t10) pre -addressed to each of the names on the
above list with no return address.
Certification by Zoning Department that Preliminary Plat Application is
complete.
Zoning Officials Signature
Date
---------•---------------------------___
MINIMUM MATERIAL NECESSARY FOR COMPLETE FINAL PLAT APPLICATION ___
1. Payment of fees (park fees, filing fee, sewer and water assessments)
2. Signed certificate of survey or mylar cor�i,'s of formal plat.
3. Title opinion.
4. Easements, Covenants, etc.
5. Developers Agreement and acceptable form of security.
Certification by Zoning Department that Final Plat Application is complete.
Zoning Officials Signature
_ Date
--- --
FEES-----------+•;-----------------
Sketch Plan Review (Class I, II 6 III)
$100.00
_ Preliminary Review (Class I & II Subdivisions) $250.00
Preliminary Review
(Class III and all non-residential) $220.00 plus
20.00/lot
Final Plat Review (Class III)
*(Plus any legal engineering $100.00*
or Bering charges)
___________ g g
Applicant has read the above and hereby agrees to provide all information re u
ired
or requested by the Zoning Administrator, City Engineer, City Attorney, Planning
Commission and Council necessary to process this application and further agrees
to pay all additional fees established by ordinance.
---------------
Applicant's Signature
Date
Owner's Signature
Date
Applicant must have all submittals into the City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are held on the third
Monday of each month.
RUN DATE 09/0S/84
BATCH 011
38 07-117-23 23 0001
PROP ADDR
OWNER NAME STEVEN F VALEK
TAXPAYER STEVEN VALEK
NAME/ADDR BOX 386
SPRING PARK MN 55384
38 07-117-23 23 0019
PROP AOOR
OWF:ER NAME KARL SOLLNER ETAL
TAXPAYER KARL SOLLNER
NAME/ADDR 3714 MANOR RO
CHEVY CHASE MC 20815
38 07-117-23 23 0022
PROP ADDR
OWNER NAME F J CARLEEN ETAL
TAXPAYER EARL 6 NORW000
NAME/ADDR 1360 VINE PL
MOUND MN 55364
38 07-117-23 24 0010
PROP ADOR
0.2IER NAME K A CRON5TROM ETAL
TAXPAYER K A CRONSTFOM
NAME/ADDR 998 WILDHURST TRAIL
MOUND M'I 55364
38 07-117-23 24 0015
PROP ADOR 04460 FOREST LAKE Af9)ING
OWl+ER NAME 0 A H OVEPuOL
TAXPAYER OLE A HELEN OVER50E
NAME/ADDR 4450 FOREST LAKE LANDINGS
MOUFID MN 55364
38 07-117-23 24 0024
PROP ADDR 04475 FOREST LAKE LANDING
OWNER NAME B REILING ETAL
TAXPAYER RAY D HURLEY
NAME/ADOR 4475 FOREST LAKE LANDING
MOUND MN 55364
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 07-117-23 23 0008
STEVEN F VALEK
STEVEN VALEK
BOX 386
SPRI14G PARK MN 55384
38 07-117-23 23 0020
F J CARLEEN ETAL
EARL B NORW000
1360 VINE PL
MOUND MN 55364
38 07-117-23 24 0005
04445 FOREST LAKE LANDING
R M RYBOTH
ANTHONY G RICHARDSON
4445 FOREST LAKE LANDING
FOUND MN 55364
38 07-117-23 24 0011
01080 WILDHURST TR
W GRADY SIEFF A WIFE
W GRADY SIEFF
1080 WILDHURST TRAIL
MOUFID MN 55391
38 07-117-23 Z4 0016
04450 FOREST LAKE LANCING
OLE OVERBOE ETAL
0 CVERBOE
4450 FOREST LAKE LANDINGS
MOUND M14 55364
38 07-117-23 24 0025
L A J RAHN
LYLE E RAIIN
1146 WILDERNESS
MOUND MN 55364
REPORT NO. PI435401
PAGE 3i
38 07-117-23 23 0009
STEVEN F VALEK
STEVEN VALEK
BOX 366
SPRING PARK MN 55384
38 07-117-23 23 0021
F J CARLEEN ETAL
EARL B NORWO00
1360 VINE PL
MOUND MN 55364
38 07-117-23 24 0007
01186 WILDHURST TR
EDWIN R SAUDIN ETAL
EDWIN R SANDIN
1186 WILCHURST TR
MOUND MN 55364
38 07-117-23 24 0012
04490 FOREST LAKE LANDING
G A J HAGEN
GERALD H A JEANNINE HAGEN
4490 FOREST LAKE LANDING
M0040 MN 55364
38 07-117-23 24 0023
044-5 FOREST LAKE LANDING
B REIl.IF1G ETAL
RAY OOHALO HURLEY
4475 FOREST LAKE LANDING
FOUND MN 55364
33 07-117-23 24 0026
04v99 FOREST LAKE LANDING
L A J RAHN
LYLE E RAHN
1146 WILDERNESS
MOUND MN 55364
RUN DATE 09/05/84
BATCH 011
38 07-117-23 24 0027
PROP ADOP 01146 WILDHURST TR
;;O.'ER NAME LYLE F RAHN ETAL
TAXPAYER LYLE E PAHN
1iAME/ADDR 1146 WILDHURST TRAIL
MOUIIO MN 55364
38 07-117-23 24 0030
PROP ADOR 01045 WILDHURST TR
L4.IER NAML DEANA E NELSON
TAXPAYER MICHAEL V MC KENNEY
11AME/ADDR 1045 WILDHURST TRAIL
MOU1O MN 55364
38 07-117-23 24 0035
PROP AnOR
C:N[R NAME F J CARLEEN ETAL
TAXPAYER EARL B [KXIW000
NAIIE/ADOR 1360 VINE PL
11UUliD MN 55364
38 07-117-23 2v 0038
PRCP ADOR 04465 FOREST LANE LAHUING
OWNER NAME THE FIRST NATL BK WACCHIA
TAXPAYER RAT H PETERS
NAME/ADDR 4465 FOREST LAVE LANDING
MOU140 M:1 553C4
38 07-117-21 31 0015
PdOP ADDR 01270 WILDHURST TR
UIUIER NAME J i R STASIK
TAXPAYER JAMES STASTF.
NAME/ADDR 1270 WILDHURST TRAIL
OPOtiO MN 55364
38 07-117-23 Al 0033
PRUP ADDR
C1;tIER PwIE STATE LANO DEPT
TArFAYER ERNEST J t MARY J LEMMERMAN
1:AME,AOOR 1297 WILOliUPST TRAIL
MOUND MJ 55364
HEINEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
36 07-117-23 24 0028
01231 WILDHURST TR
JAMES M PHELAN ETAL
JAMES M PHELAN
RT I BOX 291
MOUND MI 55364
38 07-117-23 24 0031
01055 WILOHURST TR
F J CARLEEN ETAL
EARL B NOR6'"
1360 VINE PL
MOUND 1lN 55364
38 07-117-23 24 0036
R & D HEIMIESSY
RICHARD L HENNESSY
7520 BLOOMINGTON AVE S
RICHFIELD MI 55423
38 07-117-23 24 0039
0,4400 FOREST LAKE LANDING
J A F ROGERS
JUDSON C L FRAIICHIF R ROGERS
4480 FOREST LAKE LANDING
OROND Mi 55364
38 07-117-23 31 0026
ROBERT L DIRF.ELANU ETAL
AuL,[wl L biWKELAND
1298 WILOHURST TRAIL
MOUND MN 55364
38 07-117-23 31 0036
01214 WILDHURST TR
GARYW WELSH ETAL
GART W WELSH
1214 WILDHURST TRL
MOUND MI 55364
REPORT NO. PI435401
PAGE 32
38 07-117-23 24 0029
01085 WILDHURST TR
H A SCHULTZ ETAL
HARVEY A SCHULTZ
BOY. 282 WILDHURST TRAIL
HOUND MN 55364
38 07-117-23 24 0034
F J CARLEEN ETAL
EARL B NORWOOD
1360 VINE PL
MOUND MN 55364
38 07-117-23 24 0037
04455 FOREST LAKE LANDING
ROGER KRAINES i WIFE
ROGER KRAINES
4455 FOREST LAKE LANOV; 's
MOUND MN 55364
30 07-117-23 24 0040
04470 FC^EST LAKE LANDING
RALPH L li 041E E HALM
RALPH L i AN11E E HALM
4470 FOREST LAKE LANDING
MOUItD MN 55364
38 07-117-23 31 0032
01297 WILOHItRST TR
E J LEMMEPMAN ETAL
ERNEST J LEMMERMAN
1297 WILDHURST TR
MOUND MN 55364
38 07-117-23 31 0037
01200 WILDHURST TR
DAVID J KRUSKOPF i WIFE
DAVID J KRUSKOPF
1200 WILDHURST TRL
MOUND hN 55364
RUN DATE 09/05/64 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401
PROPERTY M;NERS LIST PAGE 33
BATCH 011
38 07-117-23 31 0038
PROP ADDR 01261 WILDHURST TP
OWNER NAME DOUGLAS E KLINT
TAXPAYER DOUGLAS E KLINT
NAME/AOOP 2060 SHOPELINE DR
WArZATA MN 55391
38 07-117-23 32 0029
PROP ADDR
OWNER NAME DENNIS A MEYER
TAXPAYER DENNIS A MEYER
NAME/ADDR 4680 NO SHORE DR
MOUND MN 55364
38 07-:17-23 32 0046
PROP ADOR 04650 TONKAVIEW LA
OWNER NAME P A B PROUTY
TAV,PAYEP PHILLIP PROUTY
NAME/ADDR 2933 CAMBRIDGE LA
MOUND MN 55364
38 07-117-23 32 0027
04635 TONKAVIEW LA
DENNIS A MEYER
RICHARD LAUGHLIN
4655 TONKAVIEW
MOUND MN 55364
38 07-117-23 32 0043
04640 TONKAVIEW LA
ROBERT C WHITE A WIFE
ROBERT A DOt8NA WHITE
4640 TOtKA VIEW LANE
MOUNO MN 55364
38 07-117-23 32 0047
04690 TONKAVIEW Lt.
W A S CULL
WILLIAM A BULL
4690 TONKAVIFW LA
MOUND MN 55,o4
38 07-117-23 32 0028
04655 TONNAVIEW LA
DENNIS A MEYER
DE0IIS A MEYER
4680 N SIIORE OR
MOUND MN 55364
38 07-117-23 32 0045
P A B PROUTY
PHILLIP PROUTY
2933 CAMBRIDGE LA
MOUND MN 55364
TOTAL BATCH 011 00044
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AIIO TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATIOt#, TO THE BEST
OF MY KUCULEDGE AND BELIEFF�J..
OAT(/ % /✓/ SY 1 ��Ire1. 11
1 yy 11 _ 2 t
62 \�51 p! +jr\ 57 4
I �,p' . t' ' ►/� �' , � � — ors— �
64 `i5 + A�
w , , 69 1 54 +� 'R.L�-�'10 1472
if
to {
66 53 �•�. S `r 11 ' /rl` 1
^ ` 1r46u"3 ✓• / - - 1 -f�f�i _ _ 25 `w 24'23
r
1 B oi' s2 , 11y �' A • u'
90 a6!
✓+ 'v � ..: it �r .. A • r. ��
' * _: ; •:. 69 J 51 1v is t!Eo 17 16 (S 14 li
2 •QQr�r/ 3 1! - .. J e — j116 �� S .� • ��1 t p
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• 4 � •e r � � i 9V �� Jn t !
2
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4�: 1• 3�s
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1
COUNCIL MEETING
I o: Urono hounci 1 Members NOV 1 3 1984
From: Michael P. batfron, Assistant Zoning Administrator
Datp: November 1, 1984 CITY OF ORONO
Subect s #811 William Mi el en. . '•a3`_ Crystal Cray Road -
Variance
Zoning District -- LR-1C
Application - Hardcover variance to add a deck:.
List of Exhibits:
Exhibit A Application
Exhibit A - Plat Map
Exhibit C - Property Owners List
Exhibit D - Survey - Existing Hardcover
Exhibit E - Survey - Proposed Hardcover
Applicant is request i nq a hardcover variance in the 'S -
setbacte. zone, in order to construct a deck 12' x, 27
The a:c i st i nq hardcover t 75 ' -25►) ' i i s approx i mc►trA v .'••, 445
s.f. or 36% (Per Exhibit D) Hardcover to be added in the deck
is approximately 3' 4 s.f. or about 3%. Per E:,,hi bi t E , appl i rant
proposes to reduce portions of the existing gravel driveway apron
c-nd plant f l owor s, etc. i n what appears to be rotinhl v ,:an
equivalent amounto the proposed deck, for no net increase in
hardcover.
Applicant s hardship is that the garage :s located to the
r e'.Ar- of the hOuse, requi r- i nq an unusual 1 v Iona dr i vewa v which
onstitutes lAr-gc- ifi-rionts of hardcover. 1he narage was built in
1977.
At the Planning Commission meeting, a drainage issue was
brought to light by the neighbor to the west. A major- drainage
culvert discharlos to the rear of this property near the railioo&di'
tracks, and the discharge flows along both property lines through
a series of swales and culverts, eventually flowing across or
under Crystal Bev Road into the lake. the drairiagewav on the
west amide is filled with grass, leaves and debris and this
blockage sometimes causes a flow onto the adjacent property.
Along the East side,, the drai nageway is less defined and
sometimes causes ponding on both sides of the property line.
Planning Commission recommended that the applicant clear and
improve the drainac;leways on both sides of the property prior to
issuince of a deck construction permit, and that the equivalent
'24 i.f. of hardcover be removed.
A res,ol►ition of _pproval ic. attached.
CITY OF ORONO
VARIANCE APPLICATION Application Fee $100.00
After -the -Fact Fee $200.0^
-------------------------------------------------------------------------
PROPERTY LOCATION
c� 7 r
Site Address �`�� ,e'yS 7A
Property Identification Number (P.I.D.)
Please check one -- Is the property ✓
abstract or torrens?
Please attach legal description to application if not included on required
survey.
-- ------------------------------------------------------------------------
APPLICANT
Name /C l2',%r ��(/c�� �ti Phone
Mailing Address
------------------------------ --------------------------- ---------------
OWNER
Name
Nailing Address
Phone
/I %
Date Property Acquired ��UF!��B�x" AA� (month/year )
T (do) do not) also own the adjacent parcels of land.
�) )•17/
--------------------------------------------------------------------------
PRESENT USE OF PROPERTY
Present Zoning District t�: IC.
Present Use of Property �� Residential..,,
Other (specify)
--------------------------------------------------------------------------
DESCRIPTION OF REQUEST Estimated Construction Cost $
Describe request in detail:
.Aslt> A �c cK - . (A L C`y
--------------------------------------------------------------------------
VARIANCES REQUIRED
Lot Area
Lot Width
✓
Hardcover
Setback Variances (
Front
Side
Rear)
Other
HARDSHIP
Describe undue hardship or practical difficulty resulting from ,strict
egorcemegt of zoning regulations:zcc. S.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------
DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe unusual property conditions preventing romplinnce with Zoning Code
Requirements:
REQUIRED SUBMITTALS
1. Completed Application Farm.
2. Certified Property Owners List of owners witi)in 150' (you can obtain this list
from Hennepin County Department of Finance A-503Government Center 348-3271)
3. Stamped, legal sized envelopes (A10) pre -addressed to each of the names on the
above list with no return address.
4. Certificate of survey.
5. Plat Map.
The Applicant and Property Owner must sign this application. Please remember
that your variance application is not complete if the above information has not
been included.
----------------------------------------------------------------------------
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or requested by
the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred
in review of this application, and certif ies that the information supplied is true
and correct, .tap the best --of his/he p111edge. , ..
Ja�r'g
Applicant's signature Date
OWNERS SIGNATURE
The owner hereby acknowledges and agrees to this application and further
authorizes reasonable entry onto the property by City staff, consultants,
agents, commission members, an C ar-i.~ mbers for purposes of investigation
and verification of this t
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.
1b
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cliff DATE 09/20/84
PATCH 002
38 17-117-23 43 0116
PROP ADOR 03407 CRYSTAL BAY RD
OWNER NAME P S A E C NICHOLS
TAXPAYER# POBEPT S A EUNICE C NICHOLS
NAME/AODR 3,07 CRYSTAL BAY RD
WAYZATA MN 55391
38 17-117-23 43 0121
PPOP ADOR 03445 CRYSTAL BAY RD
C101[p NAME GLORIA MC DONALD
TAXPAYER GLORIA MCDONALD
PAME,'ADOR 3445 CRYSTAL BAY RD
ROUTE 1
WAYZATA MN 55391
38 17-117-23 43 0125
PROP ADOR 02256 SHAOYW000 RD
OWNER NAME WILLIAM HENRY MET JR
TAXPAYER WILLIAM H MET JR
NAME/ADOR 2672 WILSHIRE BLVD
MOUND MN SS364
HttAJEPIN COIMTY PROPERTY INFORMATION SYSTEM
PROPERTY 0101£RS LIST
38 17-117-23 43 0118
03415 CRYSTAL BAY RD
ROBERT H ZIMMERMAN
POSERT H ZIMMERMAN
3415 CRYSTAL BAY RD
WAYZATA Mtl 55391
38 17-117-23 43 0122
03447 CRYST^L BAY RD
GEORGE C SWAHDECK
GEORGE C SAAHBECK
11021 ABBOTT LA
MINNETONV A MN 55343
38 17-117-23 44 0022
03405 CRYSTAL BAY RD
JOE DARLING ETAL
J D DARLING
3405 CRYSTAL BAY ROAD
WAYZATA MN SS391
REPORT NO. PI4IS401
PAGE 3
38 17-117-23 43 0120
03435 CRYSTAL 13AY RD
THOMAS E PETESCH
ROBERT WILLIAM MIELENZ
3435 CRYSTAL BAY RD
OROttO MN 55301
38 17-117-23 43 0124
02264 SHADYWOOD RD
EVELYN 5 TRUTHAU
EVELYN S TRUTHAU
2264 SHAOYWOOO RD
WAYZATA MN 55391
TOTAL BATCH 002 00008
I CERTIFY THAT -,,:E FACTS REPRESENTED ARE AN ACCURATE ANO TRUE
REPPESENTATIC01 OF INFORMATION AS IT APPEARS THIS DATE ON THE PFCOPDS
OF THE HFIOZ[PIN COUt1TY DEPARTMENT OF PROPERTY TAXATIG:TO THE BEST
OF MY KNOWLEDGE AND BELIEF.
// !• [ J
It
Sketch for
H. William Mielenz +►�
In Lot 3, block 1 y41 +11 IT
Wiley's Park Lake Minnetonka
Hennepin County, Minnesota
f.• fig !'
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Date : 6-12-r4
Scale: ' - 4 '
(f : r n marker
`,Dot = If vat i )rl
GORDON P . COFFIN CO.
Engineer. 4 :.urveyrr!� f s
#487 1
Skt:tch For
H. William Mielenz
in Lot 3, block 1
Wiley's Nark Lake Minnetonka
Hennepin County, Minnesota j XLT ,�,•itT
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Scale: 1" n 401
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Y Spot Ll.•vation
GORDON R. COFFIN (M.
Lnv irreers & aurvoyora
i.onpr i.aka, Minna :. to
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION GRANTING A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
ZONING FILE 871
WHEREAS, k. Wi 1 1 i am th el c_n: (hereafter "the applicant")
is owner c:t the property loc,:-tcd at 3435 Crystal Hay Road within
the City of fir —no thereafter "City") and legally described as
feltows:
That part of Lot 3, Block 1. Wi l ny ' s Parl•: Lake
Minnetonka, lying south of road and northerly of a
line running from a point an the wrustvrly line thereof
a distance 73 feet northerly of the southwest corner
t_hereo+ to ,a point on the ea_+er I v line thereof a
distance feet northerly of the southeast corner
thereof. lheroaftpr "property") , and
WHEREAS, the applicant has applied to the city for a
vari ancr_. to Municipal Zoning Code Section 10.'212, Subdivision 2 to
permit the construction of a deck which will increase the
hardcover in the 75-250' setback .onp to '',4445 cq+_tare feet (or
36%) where only 2,393 square Feet (or :5%) is allowed.
NOW, THEREFORE BE 1T RESOLVED 1:. the Lity Council of
Orono, Minnesot ;
FINDINGS
1. This application was reviewed as Zoning File No.
iho Fropprty is located in the LP -IL Single Family
Lakeshore Residential Loninq District.
The Urono Plannlnn Commission reviewed this
application on October 1984, and recommended
-approval of the proposed variance based upon the
following findings:
1) The e:: i st i nq n arage was constrc.lcted in 1977
.and requires a long dri vewau Nhi ch creates the
hnrdcmoer problent.
l ll.n .-.rvp! 1 c -.t'it pr to r'C'nwj%,c .yn F r1.il it ent
1rY••�llf n+ tit?F hp.na aridedl with Lh-
�,I � li e� it Isu rot t lro• rr - .-r
_ lit h)rr1-0,.r.r.
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO.
4. The City Council ha'-, considered this appl-i•cation
i nc 1 udi nct thy, f i nJi ngs and recommendations of the
Planning Commission, reports by City staff, comments by
Vie r.tL•rner .ind LhL3 VfYF!Ct: Of th-� proposed-:'ariance on
the health. zafch.i any of the community.
'r. The C i t., Counc i I f i n d s L•hat L I i e r_•t.;ndi t_► ons ;}%i s t i nn
•-j1: tfit n pr•oric-rty are per..t.tI i ar to it cone do not .appI y
gerier•al1 � to other pruperty in this coninq district:
i h.at or anti nor) the •:,•ari r.r!:.• t•tould nct .ar! ,cr sly effect
troFfic cnndl 1: i cons. IIWit . r.tir nor pose +irrt hazard
:ir uth• r dancer to nrir}hburina prnp�'r ty: 'r+oiild not
el y Love as a cnnveni encr: to the oo nc•r , but i s
to al l evi ate a &7-mcinstrtahl e or di f -
f i cul t•,': is necc:ssa.- y to orescrve a cl bsta.nti al
L•t•,�;:r:rL} r•i;iilt of IhF? ; :t' ',jott:•-i hE in keeginq
tt• the =nirit ttr:d ir.t•_nt '.!-e Zotiino C.cde and
!' uipruht9ii-ri Pl:akn iit 'i.frE° CI i
CONCLUSIONS, ORDER AND CONDITIONS
F3a.sed upc,n tFe aba•:E., iindiricis. the Urorira City Council
`3. q: Antct Sri=nor+ tc lltin:ci.al Zoning Lt-,dc_- Section 10.
JI .'i sii7,i 2 tc permit the constri.'t Lion t. t Li dr--cl.: trhic:h wi 11
result t n hardcover in thc^ "5-250 foot s -�tbac! -one of 3,445
q.�<•t t frr t. (o: t•S't) whorr, oral •. ;�,:'9:; esq . ir-o fvc_•� 'r-ir- : t5% i5
_.11ctvi?d, '2iStiject to the folloyrinq r_oriditior:-e
1 . '•r for to i. c_t.iance :if a Lin I dins perrti t . tt,* dr•ai nagew:ays
;_iti tarth sides of the propert•• mt-_t be .•�' an.1 improved
5CP ,_- I (Tirtlmi:e Ln; disch.-rc.c' +rom ►.r,r o-onet-ty to
n1 1-iht•ar-iit%3 or•,port.i? .
I tre t.r)t it I rGr'r r.n't,ti�;•rit'. Cit t !3+_• n!'r'•:Iv.'t'i '� 1 i'ti2 tt'ii ti:J
145 ;.ivar+, fccet of hardcovvi ur* squares Foct
minimufft O+ _�i ^>t7°t:`+r"c' f'1• �' l.rP I. .'•E'i .!ri.'r+wdy
hardru,,er mt_Iat be reao•.cd Dr.cr to eons:t: i.tction of the dccl,.
1hG t-A!rier v-1 the pr'Cper t•. i''i t•+•r rahv .iJ.l' •?ri that the t.i t`✓
to) II not _iopro.c' an/ f0ttrr: icinro-.vmcnt= that re'_ttlt in
addi I i oti al Itardcovvr and that i t ,_ to-h i trip rc.•:cment c are
proposed that they ai 11 be cratfintcr bclanced with the removal
of e.•.; i st i nq hardcour. .
iluttir�r it i es c]r .int+rrl t.. this .ar i :�ncc runt wf th the
proftcrt` r,rtit iii tt; th� ta,rr . hilt ar.+ prrmi ?•3l •✓c onl y and
i,,tt .t a ct'. t •r;r•: it_dticart for i h•tIId1rict permit
bt; !!i. !. '!'. •' -•.tr . .toot co, inriI r UI. or this
city of ORONO
RESOLUTION Of THE CITY COUNCIL
NO.
4. Violation of or noncompliance with anv of the terms and
conditions of this variance shalt constitute a violation of
the zonint1 code. shall ?utomatically terminate any authority
granted herein. and shall be punishable as a misde+neanor.
r, the undersioned owner hz�s read. �Jnder.tcod -,nd hereby
agre4es to tht:� terms of this resolution a.nd on behal f of
himsolf, his heirs, successors and assigns. hereby agrees to
the recording Of t•.his resolution in the chain of title of
t hu property.
Adopted by the Urono City Council on this 1.'th day of
November, 1994.
AT I EST i
Dorothy 11. H,;Ai:in, City Clerl:
(1) Property Owner _.
Mary C. Butler, Mayor
1 'p
COUNCIL MEETING
Tos
Froms
Dates
Subjects
Walter R. Benson, City Administrator
Orono Council Members
Jeanne A. Mabusth, Zoning Administrator
November 5, 1984
#872 Breckenridge Development Corporation,
Crystal Ray Road - Preliminary Subdivision
Zoning District - RR-1B
Area - b.9757 acres dry
Application - Subdivision - Plat - 2 lots
List of Exhibitss
NOV 13 1984
CITY OF ORONO
1200 O1 d
Exhibit
A -
Application
Exhibit
8 -
Property Owners List
Exhibit
C -
Plat Map + Sewer District
Exhibit
D -
As -Built
" Exhibit
E -
Proposed Drainage Easement
Exhibit
F -
MWC:C Letter 9/19/84
Exhibit
6 -
Hennepin County Highway Dept. Letter 10/29/84
Exhibit
H -
Resolution Approvinq Sewer Connection
The applicants propose the division of a 6+ acre rural
property creating one new building site. The existing structures
that are to remain meet the required setback: from the newly
created lot line. The lowland that appears on the plat is not a
designated wetland nor does it function as one. The City will
ask that a 20' wide drainage easement be taken along the ditch
areas where drainage comes from west through culve, is (See
Exhibit E). The City will ask that portions of the property
shown as part of the right-of-way of County Roads 84 and 51 be
dedicated on the plat.
The County Highway Department will not permit direct access
to Lot 2 from County Road 51. Access to new ]of can only be via
County Road 84. Once again the County asks +or an additional 7'
of right-of-way for both 51 and 84. Per recent review of Dayton
plat to the east, the City will recommend only the �1' dedication
for both 84 and 51.
The City has been asked to approve sewer service to Lot 2.
Lot 1 with an exisiting residence is already served as are all
the other properties to the north %See Exhibit C). The new horse
at 1150 Old Crystal Bay Road was connected to sewer earlier this
year. In 1963 when the sewer project was constructed, all
properties along the gravity line were assessed lateral charges
and stubs provided along property lines. The subject property
has two sewer stubs (See Exhibit D). All existing residences
were permitted connections --the line is now owned by MWCC.
The petition for sewer is similar to the petition riled by
the New Life Bible Church opposite the Orono High Schc-ol on the
east side of Old Crystal Bay Road. The church property was not
located within the MUSA services area and yet it had been
assessed for sewer. The church property is also located within
the RR-1B zoning district. As with the development of the church
property, this property shall also be developed per --rural
standards.
It would appear that the MWCC will approve a new connection
if "connection conforms to the City's Comprehensive Sewer Plan."
The confirmation must appear in a separate City resolution.
Planning Commission voted to recummend sewering the new lot
based on some of the following f i ndi ngs:
1. The sewer project (LS - 63 - 1) was assessed and
constructers in 1963 prior to the adoption of Orono's
Comprehensive Sewer Plan and Comprehensive City Wide Zoning.
2. the property is already sewered by an existing municipal
sewer service stub.
3. Unit capacity is available within the MWCC line.
4. The maximum number of sewer units for the property does
not exceed the maximum number of residential units allowed
on the property based on the minimum rural residential
density of 1 unit per 2 acres of dry buildable area.
5. Zoning will remain rural and all development will occur
in strict conformance with the rural district requirements
including use, lot size, setbacks and all pertinent rural
perfurmance standards.
6. the property could sustain an on -site septic system if
required.
Staff has drafted an c.pprovinq resolution per the findings
noted above for your review and action.
Staff recommends approval of a two lot plat application of
Breckenridge Development Corporation finding all standards of the
RR-1B zoning district have been satisfied and that the City
approves a sewer connection to existing metro gravity line based
on the findings set forth in Resolution No.------. Approval is
subject to the following conditions:
1. Payment of a t225.00 sewer unit charge with building
permit application.
2. Dedicaton of right-of-way for County Roads 64 and 51 as
shown on plat.
3. Designation and dedication of 20' drainage easements
along east and mouth property lines, City to acquire Flowage
& Conservation easement over drainage easements.
4. Payment of park fee for newly created lot at $200.00.
5. Access to new lot must be approved by Hennepin --County
Highway Department - access permit must be submitted with
building permit application.
Date Rec'd
By
(7,111 Fee Rec' d
CITY OF ORONO
SUBDIVISION APPLICATION FORM
--------------------------------------------------------------------------
APPLICANT Name Sreckenridee Development Corporation Telephone 871-6395
Mailing Address 1211 Franklin Bank 100 West Franklin, Mpls., MN 55404
PROPERTY Name Three Fifteen Grant Corp Telephone
OWNER
Mailing Address #148 Shelard Tower Piphway 12 6 Cty Rd 18 Mpls., Mn 55426
(Attach list if more than one)
--------------------------------------------------------------------------
PROPERTY LOCATION
Street Address 1200 Old Crystal Bay Road
Property Identification No. (P.I.D.)
117-23 42 0006
Complete Legal Description to be attached to application
------------••-------------------------------------------------------------
EXISTING LAND USE
Number of Tax Parcels One
Development Size Appx 6 Acres Dry Land
None Acres Wet Land
Appx 6 Acres Total, all parcels
Present Use (check) X Residential; no. of units One
Other (specify)
Present 'Zoning District RR-1B
--------------------------------------------------------------------------
PROPOSAL Division for Tax Purposes
Lot Line Rearrangement Only (no new building sites)
X Subdivision for New Building Sites
Number of Building Sites: One Existing Units
� New Units
—wTwo Total Units
Proposed Gross Density Two Units per Six Acres
Minimum Lot Sfze: Appx 125.000 Square Feet Dry Buildable
Land
Proposed Use: (check) X Residential
+ Other (specify)
MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION
1. Application Completed
2. Preliminary Plat information on Certificate of Survey.
3. Certified Property Owner's list of owners within 350' (this list can be
obtained from the Hennepin County Department of Finance A-603 Government
Center 348-3271)
4. Stamped, legal sized envelopes (110) pre -addressed to each of the names on the
above list with no return address.
Certification by Zoning Department that Preliminary Plat Application is
complete.
Zoning Officials Signature Date
--------------------------------------------------------------------------
MINIMUM MATERIAL NECESSARY FOR COMPLETE FINAL PLAT APPLICATION
1. Payment of fees (park fees, filing fee, sewer and water assessments)
2. Signed certificate of survey or mylar copies of formal plat.
3. Title opinion.
4. Easements, Covenants, etc.
5. Developers Agreement and acceptable form of security.
Certification by Zoning Department that Final Plat Application is complete.
Zoning Officials Signature Date
----------------------------------- ---------------------------------------
FEES
Sketch Plan Review (Class I, II i III) $100.00
Preliminary Review (Class I & II Subdivisions) $250.00
Preliminary Review $240.00 plus
(Class III and all non-residential) 20.00/lot
Final P'at Revi.ew (Class III) $100.00*
*(Plus any legal or engineering charges)
--------------------------------------------------------------------------
Applicant has read the above and hereby agrees to provide all information required
or requested by the Zoning Administrator, City Engineer, City Attorney, Planning
Commission and Council necessary to process this application and further agrees
to pay all additional fees established by ordinance.
------------------------------------------------------------------------
r Breckenridge Development Corp.
Applicant's Signature By Pres Date Sept. 26. 1984
Owner's Signature �^� �'
g Date Sept. 26, ] yK4
Applicant Tnnust have alp submittals into thT ?, y offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are held on the third
Monday of each month.
:.
RUN DATE 09/25/64
BATCH 007
38 09-111-23 13 0004
PROP AODR
OlrrIER NAME E N DAYTON A S A DAYTON
TAXPAYER EDWARD N DAYTON
NAME/ADDR P 0 BOX 231
WAYZATA MN 55391
36 09-117-23 41 0005
PROP ADD*
OICIER NAME
KATHLEEN K GLUEK
TAXPAYER
CHARLES J SCHOEN
NAME/AODR
2+36 NORTH SHORE DR
ORONO MN SS391
18 09-117-23 42 0003
PROP ADOR 42625 NORTH SHORE OR
06WER NAME A A S ANDREWS JR
TAXPAYER ALBERT ANDREWS JR
NAME/ADDR 2625 NORTH SHORE DR
WAYZATA MH SS391
38 09-117-23 42 0006
PROP ADDR 01200 OLD CRYSTAL RAY RD S
OWNER NAME THREE FIFTEEN EAST GRANT COMP
TAXPAYER THREE FIFTEEN EAST GRANT
NAME/ADOR SHELARO TONER SUITE 148
HIGHWAY 12 A CTY RO 16
MPLS MN 55426
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 09-117-23 14 0002
02648 NORTH SHORE DR
SHELDON F JACOBS
SHELDON F JACOBS
2640 NORTH SHORE OR
WAYZATA MH 55391
36 09-117-23 42 0001
02655 NORTH SHORE OR
LURA G RECTOR
LURA G RECTOR
2655 NORTH SHORE DR
WAYZATA MH SS391
38 09-117-23 42 0004
02645 NORTH SHORE OR
J G HEADLEY A T B HEADLEY
JOSEPH G A THERESA B HEADLEY
2685 NORTH SHORE DR
ORONO MN 55391
TOTAL BATCH 007 00010
REPORT NO. PI43S401
PACE 2S
38 09-117-23 t4 "Ill
02845 NORTH SHORE DR
HENN CO PARK RESERVE DIST
HENI CO PARK RESERVE DIST
RTE 1 BOX 296
MAPLE PLAIN MH S53SO
36 09-117-23 42 0002
02605 NORTH SHORE OR
C A M PIHL
CHARLES R PIHL
2605 NORTH SHORE DR
WAYZATA MN 5S39L
38 09-117-23 42 0005
82683 NORTH SHORE OR
DONALD N GUgTAFSON ET AL
DONALD A JANICE GUSTAFSON
8119 E FOOTHILL OR
SCOTTSDALE AZ 852SS
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEAR THIS DATE ON THE RECORDS
Of THE HENNEPIN COUNTY DEPARTMENT OF PROP Y TAXATIONP TO THE BEST
OF MY KNOWLEDGE AND BELIEF j
k47
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MEMORIAL j I tAro ..• -'
PARK
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RIETROPUL fA I
WRITE
ZonTROL
(omms
i�n
wea ,
Septef-t—er 19, 1984
Mr. Jim Bartlette
Breckenridge Development
Suite 211, Fran►lin Bank
100 West Frank -n Avenue
Minneapolis, �?f 55404
Dear Mr. Bartlette:
Enclosed are two copies of our applications for Permits for Conn •iron
To or Use of Crnmission Facilities.
Before a connection . ar, be made the enc oscd permit forms must
be executed by the City and approved by the Corinission. All p •rmit
forms must be accxvpanied by ti City Council Resolution.
1) Approving the E •rmit and auth6il—Kr ccj and
2) Stating that the subject sewer connection conforms to t.,e City,s
Comprehensive Sewer Plan based on their review.
with your permit application include a drawing indica•_ing the area
to be served by the extr•,,sion and a connection dF tail drawing.
The permit fc: connection will be acted :gym when we t, •e received
the referenced Resolution and application farms.
If you have any cr.iestions ;n this regard, please call.
%ery truly yo%Lrs.
. nald S. Bluhm
Staff fig; �,ffr
b1C' • ?�11Y E'S
r-
)SO frlf rRJ JOUPM BiD6.
)1N&RoifRrl•>,fit ;/
fm nT Pwi fmrt 55,6,
64 772 6423
Fff-
TIN
t�
UFNARIMENT JF TRANSPORTATION ,-•"" `,
320'.Nashington Av. South
Hopkins Minnesota 55343
S 41 Sn
935 3381
TiY 935-6433
Ms. Jeanne Mabusth
Zoning Administrator
City o ' Orono
P. 0. Box 66
Crystai Bay, Minnesota 55323
Dear Ms. Mabusth:
RE Proposed Pldt - "Breckenridge"
CSAH, 51/84 NE Quadrant
Section 9, Township 117, Range 23
Hennepin wunty No. 1239
Review and Recommendations
October 29, 1984
Minnesota Statutes 505.02 and 50.5.03, Plats and Surveys, require County review of
proposed plats abutting County _,roads. We rev ewed the above plat and found it
acceptable with consideration ui these conditions:
-For future improvements to CSAH 51 and CSAH 84 the developer should dedicate an
additional 7 feet of right. of way along CSAH 51 and CSAH 84, making the right of way
40 feet form the center of CSAH 51 and 40 feet from the center of �SAH 84.
The access to Lots 1 and 2 must be via CSAH 84. No direc" access to Lot 2 from CSAH
51 will be allowed by Hennepin County.
-Aay new access onto a county ,•oad requires an approved uannepin County ent-ance
permit before beginning any construction_ See our Ma ance Division for entrance
permit forms.
-Any proposed construction within County r ay requires an approve. utility
permit prior to beginning construction. ,Ides but is not limitea to,
-�.elewalk, drainage and utility construction, ...l development, and landscaping.
Contact ou. Maintenance Division for utility permit forms.
-The developer must restore all areas wi;.hin County right of way disturt*.. .ur;.n`
construction .
Please dire�:t any response or questions to Les Weigelt..
Sincerely,
DavW "chmidt,
P.E.
Planning Frogramming
-'45/LDW : pl
Breckenridge Development Corp.
NMI %
rii t Ur_ c
HENNEPIN COUNTY
cn en, -.; . f_ r1.0 . It ,.
A RESOLUTION APPROVING A SPECIAL EXCEPTION
TO RURAL SEWAGE TREATMENT POLICY NO. 7
OF ORONO'S COMPREHENSIVE SEWER POLICY
PERMITTING ONE SEWER CONNECTION FOR PROPOSED LOT
LOCATED AT 1,20r OLD CRYSTAL DAY ROAD
WHEREAS, in lwtiia the Council of the City of Orono
(hereafter "City") adopted the Orono COMMILinity Management t'lan,
Chapter 6 o+ that plan, entittled the Comprehensive Sewer Policy
Flan, yet forth the City's many policies in dealing with future
development of the rural and urban areas of the City, defining
the urban service area o+ the City and the Metropolitan Sewer
Service Area; and
WHEREAS, on September 26. 1984 the EtreckenridgP
Development Corporation (hereafter "applicant') filed a
subdivision application with the City involving a lot split of a
rural property legally described as Tract C, R.L.S. No. 1467
(hereafter "property"); and
WHEREAS, the applicant prior to the tiling o+ the
ut-jdivisinn opplii--ation formally requested of the I'IWLA..' ,, single
sewer- connection to an existing metro gravity line for the newly
created . ; it al lot. and
WHEREAS, per the directive of the MWC( the City Council
has cnnsidered thiz applicant's requF-st for a permit for a sewer
connection to a metro sewer line to serve a rural property
located outside the Metropolitan Sewer Service Area, the
recumendation of they Planning Commission and the comments of the
appl i rar;t.
NOW, THEREFORE BE IT RESOLVED that thc- City Council of
the Citv of Orono hereby approves a special exception to
Comprehensive Sewer Plan, Rural Sewaqe l eatment Policy No. 7 to
allow a single sewer connection to an existing metro sewer line
for a - + acre rural lot proposed by the Breckenridge Development
Corporation because the following findings can be ;nade:
Page 1 of '3
1290010911.7
i . The meta o sewer 1 i r,e was on gi na.) I y constructed by the
City of Orono. The sewer project (LS-6�:-1) was assessed and
Constructed in 1S633 prior to the adoption of Orono's
Comprehensive Sewer Plan and Comprehensive City Wide Zoning.
2. The property is already served by an existing sewer
service stub. Connection will not involve extensi , of
existing metro line.
3. Unit capacity is available within the MWCC line.
4. The property waF, assessed for lateral sewer.
g. The residence on the levelopod lot wi+hin the proposed
subdivision is served by sewer.
6. The maXimum number of seWf-�r Units for the property does
not exceed the ma;: i mum number of residential units allowed
on the property based on t' minimum rural residential
density of 1 onit per 2 acres of dry buildable area.
7. Zoning will remain rural and all development will Occur
in strict conformance with the rura) district requirements
including use, lot size, setbacks and all pertinent rural
performance standards.
8. The property could sustain an on -site septic system i+
required.
FURTHERMORE, BE IT RESOLVED that based upon the above*
findings the Orono City Council hereb-J direct: its Mayor and City
Clerk to execute the MWCC connection permit application and upon
COunci 1 "s approval of the final plat of breck:ezr.ridge further
direct: the City Clerk to transmit the ex, ecuted permit
application to the Metro Waste Control Commission.
Page or
Adopted by the City Council on this 1-7th day of
199A. November
ATTEST:
Dorothy M. Ha]1in, City Clerk Mary-C. Butler, Mayor
Page 3 of 3
COUNCIL MEETW�
To:
From:
Dates
NOV 13 1984
Orono Council Members CITY OF ORONO
Michael P. 6affron. Assistant Zoning Administrator
November 2, 1984
Subject: #877% Len & Nei l a Clifford, 4760 North Shore Drive
Variance
Zoning District - LR--1B
Application - Lot Area/t-ot Width Variance to Create i, L:Lk11,:Jc-hle
Lot
A) Lot Area Required - 43,560 s.f. or 1 acre
Existing - 17,030 s.f. or 0.=9 acre
int Width Required - 140'
Existing - 100'
List of Exhibits:
Exhibit A - Application
Exhibit R - Property owners List
Exhibit C - Plat Map
Exhibit 1) - Survey
Planninq Commission Minutes of 1�:1/22' F34
This i�: a request to have a acre lot declared as a
buildable site. The lot fronts on County Road 19 near the curve
heading north, and due to the steep slope up to the building site
and the proscimity to the curve, access would be gained via the
unimproved Farb ovenue onto Tonkaview Lane.
the i►. '9 acre lot would .appear to be consistent with
existing huilding cites in the immediate vicinitys
47:6
North
Shore
Crive -
0.47
acre
+/-
4750
North
Shore
Drive -
0.42
acre
'This Hpp I 1 cat ion . . . . . 4160
North
Shore
Drive
- !). 39
acre
+/-
4784
North
Shore
Drive
- 0.37
acre
I.D. Caplws Application. .4798
North
Shore
Drive
- 0.41
acre
+/-
Recent development in the general area has been on combined lots
of 1►. h, O.6, and 1 . C.) acres.
There is no additional adjacent land with which to combine
this property, and vacation of a portion of Part Avenue would
e++ectively l.andlock other p.-operties.
The property has been assessed for- a single sewer unit and
#not age. the 422b.11Ni) plant tonit charge remains to be paid. A
sewr,+r stub is avai 1 .+ble to the properi v at North Shore Pri ve.
Meeting the required building setbacks woLIld Irave a
building envelope of about 80' x 100', or 8000 square feet.
The majority of the property falls iit.hin the 2c(:)' - 500'
setback zone where 30% hardcover would L- allowed. A residence
and driveway could easily be constructed meeting thc, hardcover
standards.
P1anniny Commission recommended approval of a lot area and
lot width variance based on the following findings:
1. No other adjacent land is available.
2. Sewer is available and the property has been assessed
for footage and one sewer unit.
3. The lot fits into the general existing development
pattern of the immediate neighborhood.
The variances requested are quite similar to and consistent
With those approved for Harry Brockopp on Wildh!_irst trail and
Robert Haapala on Dahl Road earlier this year. A resolution for
appro,✓al is attached.
I&(
CITY OF ORONO
VARIANCE APPLICATION Application Fee $100.00
After -the -Fact Fee $200.00
-------------------------------------------------------------------------
PROPERTY LOCATION j`
Site Address N� _ �7�: (�; T// S'/�/G',�c k ) Y(:-
Property Identification Number (P. I . D. )
Please check one -- Is the property Y abstract or torrens?
Please attach legal description to application if not included on required
survey.
--------------------------------------------------------------------------
APPLICANT
Name LEC It- /1✓bc 11 LL
�f v�C%
Mailing Address il/R
Phone ��,7 - sycsl
�y,J
--------------------------------------------------------------------------
OWNER
Name ��,�= CC� ` %c/� �� /�Ft.�C/' Phone
Mailing Address
nJ
Date Property Acquired _ ),/&t 7 (month/year)
I (do) t"d� o not`) also own the adjacent parcels of lan C'�" ��
_____�__ _ _ _ fir___. --
PRESENT USE OF PROPERTY - ^-----� I� 2 ---
819M
Present Zoning District r, 1 f
Present Use of Property
M
CITY
Residential
Other (specify)
--------------------------------------------------------------------------
DESCRIPTION OF REQUEST Estimated Construction Cost $
Describe iest in detail: A
�sL7
--------------------------------------------------------------------------
VARIANCES REQUIRED
t/ Lot Area `� Lot Width f Hardcover
Setback Variances ( Front Side Rear)
Other
HARDSHIP
Describe undue hardship or practical difficulty resulting from strict
enforcement of zoning regulations: lY',; r 71tLiu c-Ar7,,i P, yr?/� ,AV 4
--------------------------------------------------------------------------
DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe unusual property conditions preventing compliance with Zoning Code
Requirements : L L T P//1 /)'.: 7
'_v Nj.L. L: i C r L/4A Tip.,.y i A ,, Timj
--------------------------------------------------------------------------
REQUIRED SUBMITTALS
1. Completed Application Form.
2. Certified Property owners List of owners within 150' (you can obtain this list
from Hennepin County Department of Finance A-603Government Center 348-3271)
3. Stamped, legal sized envelopes (110) pre -addressed to each of the names on the
above list with no return address.
4. Certificate of survey.
5. Plat Map.
The Applicant and Property Owner must sign this application. Please remember
that your variance application is not complete if the above information has not
been included.
--------------------------------------------------------------------------
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or requested by
the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred
in review of this application, and certifies that the information supplied is true
and correct to the best of his/her knowledge. .
Applicant's signature Date �_ �? 7_ '
i
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. JI
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.
CIRI nATI 09/2l1/bv
BATCH 003
38 07-117-23 23 0015
PROP ADOR 0476S TONKAVIEW LA
' 'ER NAME STATE LAND DEPT
rAXPAYER PAUL V CAMPBELL
NVfE/ADDR 14630 181ST PLACE N E
WOODINVILLE WA '38072
38 07-117-23 32 0011
PROP ADOR
OWNER NAME LEO D CLIFFORD ET AL
TAXPAYER LEO A NEILA CLIFFORD
NAME'ADOR 3185 PPEIST LANE
MOUND MN 55364
36 07-117-23 32 0021
ppOP ADOR 04755 NORTH SHORE DR
001P NAME ROBERT T CARLSON ETAL
'A,PAYER rICHAEL l COLBERT AND
arE;AODR RICHARD J KRUGER
4755 N SHORE DR
MOUND MN 553614
PROP ADOR
OWNER NAME
TA`!PA(ER TOTAL BATCH 003 00009
NAME/A00R
HENNEPIN COLAITY PROPLIITY INFORMATIOII SYSTEM
PROPERTY OWNERS LIST
38 07-117-23 32 0009
04736 NORTH SHORE OR
L J SCHERSER ETAL
CAROL D EDWARDSON
4736 NORTH SHORE DR
MOUND MN 5S'.64
38 07-117-23 32 0012
04784 NORTH SHORE OR
LUCILLE M OLSON
LUCILLE M OLSON
784 NORTH SHORE DR
MOUND MN 55364
38 07-117-23 32 0022
04775 NORTH SNORE DR
W A KRAHL ETAL
WALTER A KRAHL
CO RD 19
mm. 40 mu 55364
REPORT NO. PI435401
PAGE 5
38 07-117-23 32 0010
04750 NORTH SHORE OR
JAMES R THOMSON ETAL
JAMES THOMSON
4750 NORTH SHORE DR
!SOUND 114 55364
38 07-117-23 32 0013
STATE LAND DEPT
I 0 A VIRGINIA A CAPLES
PO BOX 314
OSSEO MN 55369
38 07-117-23 32 0057
04755 TOtIKAVIEW LA
0 A K LUNDQUIST
LELAID i PATRICIA MARTINEAU
47SS TW(AVIEW LANE
ORONO MH 55364
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE 010 TRUE
REPRESENTATION OF INFORMATIDN AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN CW.TY DEPARTMENT 01: PRO RTY TAXATION. TO THE BEST
OF MY KNOWLEDGE AI:D BZLIEF.
DATE IC - I � `i BY < < k-l t n�
-f-
e
990 �C*/,
It
• �1 1o'yY. '�,p` � sir_,oMk 3r, n0'rA1n.
C
do fir• � a� /�ev�• `' • •.' ./� \ .9 ;�., �r LT .- ��
S i � • h � 3 r ,� ! a� ^ �'� mil► i^ j j !� • • ` �/ f `�
S 1 T' ✓I r', \ :•'fir f. �e
F ` 4 ,y .21� TONK Av1EW
I II �Ta PTOF `
W 0 •' � 2� f' 1 LOT7flpTso C �rN
Z o �� /`' ✓✓�� o` tit 0,
2m
0
p.0 (
5 ,Ib we• I
. i '�C f
}•} � � �19 `• `) , J �je :.!��l � ;.fit .•I,
e, �T Alf TAM• (Jf)v 'A
COVE 4 h :i
'S b ass �. r �.•
745
• C 4 ` r
Lots 14,10,19,20ond the oueys Ot
shown , SUB'O OF L.OT 14 REST �ti '•` % •�3br. O.4
'
POINT P� w Deen voc0ltd 2�ai5,
C\j Doe
22
�� •
:r
V 6A
lit ♦ �� �V
__ 1
Certificate of survpv
for Lee Clifford
of Lots 5 i b, Block 3, Bergqui t and Wicklund's Park
Hennepin County, M! nesota
Nw4kdr nsbl d WAV, /49
per co94'4h
I here-jr certify that this :a a true and correct rep-
resentation of a survey o, the boundaries of tote 5 and 6,
Block 3, "Bergquist and Wicklund'R Park, Hennepin ^o.
Minn.", and of the location of all bui'dings,if
thereon. It does not purport to Rhow other improve
cents or encroachments.
GORDON R. COFFIN CO., INC.
Scale: I :nch � 40 feet
u Iron orarkPr Mark S. Crc,nLv, .l Reg. N 1 7 o. 7_ 5
Co -don R. Cof ! i n Rvq. No. 6r)64
Enotneer- jn:1 :,Hnrl tau-vr,.r: s
MINUTES OF THE PLANNING COMMISSION MEETING HELD OC'I'OBER 22, 1984. PAGI' 7
(i873)LEO CLIFFORD
-tT60 NORTH SHORE DRIVE
VARIANCE
PUBLIC HEARING
8:50 - 8:51 PM Leo Clifford was present. Assistant 'Zoning
Administrator Gaffron noted the certificate of
mailing and the affidavit of " publication.
Chai rperson Goetten closed the public hearing at 8:53
p.m. since no one was present in the audience for this
public hearing.
Assistant Zoning Administrator Gaffron stated that.
:he Clifford's want their lot declared buildable.
Callahan moved, Sime seconded, to recommend approval a
lot area and lot width variance based on the following
findings:
I. No other adjacent land is available.
1. Sewer is available and has been assessed for one
sewer unit and footage.
3. This lot fits in the the pattern : the existing
neighborhood.
Notion, Ayes (7), Nays (0).
#874 DUANE BARTH t
MRS D. JOHNSTONE
1810 SHADYWOOD ROAD
VARIANCE
PUBLIC HEARING
9:03 - 9:46 PM Duane Barth and Mrs. D. Johnstone were present.
Assistant Zoning Administrator Gaffron noted the
certificate of mailing and the af` -3avit of
publication. Chairperson Goetten announc::%'. that now
was the time and place for the public hearing
concerning a variance for Earth and Johnstone. The
following were present for this public hearin_i:
Don Peterson of 3: Interla,:hen Court
Dave & Holly Eiss of 1790 Shadywood Road
''harles Pyle of 1820 Shadywood Road
.. Johnstone stated that she has always paid
cparate taxes thinkinq that sontedav they would be
able to build on this lot. Johnstone E -ted that they
have paid a lot more taxes because they .ire separate
lets. str`ed that they have paid she sewer'
and water assessments f• ?,is lot toc,
Assistant 'Zoning Admin: sti ator Gaffron st at;.�u s_hat
the lot was charged a _;ewer lateral charge.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLM ION GRANTING A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.24, SUBDIVISION 5 (8)
ZONING FILE NO. 87=
WHEREAS, Leo and Nei • , Clifford (hereafter "the
a;�pti r' .s owner of the a-operty 1car:-A+ed at 17h-v i4orth Shore
roriv the City of Orckiio (hrreuftvr "City") and legally
rie---r 11 ows1
5 and h, Block .S, .Nprilqui st and !di ck:l and '' Park
t!tereafter "prope+rt•.,"), an-1
WHEREAS, the cppl is ant hr,As appl iod to the City for a
varianco to Municipal :owing Code bectior 1.O.24, Subd. �i:ion S
(S) to approvo th& construction of ,A. rest ' nce on a substandard
lot of arr_a square +nm-! -,she-co squ;re toot of area
is required, and wi rl1-h of 1— t-,hr•re a 104. width of 1 •lu
foot requir--A.
NOW, 1HEREFORE LSE If RESOLVED L- . t.;. , City Cooroci 1 of
()rnno, Minn: —.O
FINDINGS
1. T~:s applic.atir,n w+a--. rt-.iowvd as :oninq File No.
873.
+!. 1h% proporty is•. 1,..-i%— •.t : r, the Lk-IR -Angle Fame IV
l akeshore Resi dent i :�l ' , o Rio I,i iLr i ct.
?, !h!? Oros-1c• Pl,anvinq Uonmission rc•.iewed this.
app; ,ration on Octob— 1984, .+nd re,.;omtrended
apprcv.+i rf the proposed vari once ha-ied upon the
fo114�•ir�q d: �•;s:
a) No uther adjacent I qnd is availab!e to be
combined with the property.
U) is a.iailable atA the pr4-, en
:1TSCie_ - Dr f0Ot,-Rae ane ('-wov €ewer
►'a��. 1 .it I
City of ORONO
RESOLUTION OF THE CITY COUNCIL
I
NO.
:. Tlv� 10 Ic consistent with the sr:isting
devviopmenl patte,n of the neighborhood.
4. The bonding envelope for this lot with standard
:.etbf•els of tte LR-In .:.mrnq district is suffir.lent to
uavelop .1 residence an:1 the ordinary driveways and
appurtenant improvements while still meeting hardcover
r mq-: i r empn t L.
The City Council h.a considered this application
includinq the tindinns end recommendations of the
Plnnnlnq Commission, t00-.rt; by Idty staff, rommentt by
ti-e owner and the effect cf the proposed variance on
the? ileali11, "Afety ant w..if2rp of fhr! communit'i.
6. The Cit, Council finds that the conditions w:n stinq
oo ttils hT^prrty .arc perullir to it and do not apply
gra.'eerally to other property in this zoning dirtrlcti
that yrontinq the varlanco would not adversely affect
tr"ffie conditions, light, air nor pose a fire hazard
n, of hor danger to nmighbcring prn:erty; would not
morel•' Snrvr as a c.x-. enionce to the owner, but iC
neeass.,ry to aIlo:taty a demonstrable hardship or dif-
ft(:1W yf ie rvo. r: =_ao . to prescr.e a substantial
property rtght 4 Me oemw,t end would be in Ie,�oi nq
with the spirit and intent :..f the tonlnu Lode and
Con.or,:;,e:,si.a Plan of ipe City.
CONCLUSIONS, ORDER AND CONDITIONS
E..s„� ... on the , .. fi i,.lo, the Urono I.it, to��r�ctl
hereby grants a variance toMunicloal toning Code bectior.
Bub,irvlsion i 1b1 to Abortive thr ,.onstroction of a reeidencc on a.
substandard lot of area P,V'.o sgwre ♦pet where 4;.561, square
fuot of oraa Is rvguired, and a lot width of IiV feet where .a lot
width of 140, fast is rect ir-•n. .ub,r.•i_t to the fullowinq
ciuodttiopsr
1. f'a;ment of t323.00 sewor unit charge wl th the but lIII ng
per a, t .
tRi eetharI, W har,lrryer oriances will be granted_
Ha•iwr.�m har-drovsr on tha lot t-, be "Warm feet or less
City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO.i I � I
.
Access to the property is to be gained vio unimproved
Far:. eivonue to the north onto Tonkavlew Lane.
4. Payment of stnnoard building permit fees including SAC
and park dedication fee- at the time the permit is issued.
.. Authorities granted by this variance run with the
property not with the owner, but are pernissive only and
must ba exercised by application for a building permit
within one year of the dst.i of Council approval, or this
var ionco will rzl:nir6 on that date rMo,.cmhur 13. 1986).
6. Violation of or n:;,cumpilanr_e with an,/ of the terms and
rondition=_ of this :••iri»ce ,roll ^cnrtihrte a violation of
the zoning code. shall a,tomatically terminate any authority
granted herein, and shall be punishable as r. m:_demeanor.
?. The undersigned owner has read, understood and hereby
agrees to the terms of tr•� resolution and on behalf of
himself, his heirs, successors and assigns. hereby agree¢ to
the recnrdinq �f 111S rescdvtion in the chain of title of
the prnp�, t v.
r,dopted by the t'ronr. Lit': Council on this l )th da•: of
Novomber, 1984.
ATTESTt
Otx uthv M. Hwllin, City Gl er Mary C. Butler. Ma.or -�
ill Property Utnier
i "'. I I
COUNCIL MEETIdI
NOV 1 3 1984
INTEROFFICE MEMO 84-161
CITY OF ORONO
DATE: October 31, 1984
TO: Orono City Council
FROM: Melvin Kilbo, Chief of Police
SUBJECT: Salary Increase
I am requesting an interim raise for Police Secretary
Sue Sobzien. Her first year ended August 15, 1984 and
she has become a valuable employee. She has an excellent
public relations outlook and has taken all necessary training.
She also has training in use of word processors. She is
currently at hourly rate of $7.53 and I request she be raised
to $7.83 at this time. This raise to be effective 11-19-84.
I also request an increase for Carol Hansing, Our part-time
secretary. She is an excellent fill-in person, and an
ambitious worker. She has a reputation for her work so
that other departments call to ask for her to work for them.
She is now at $6.00 an hour, and I request she be raised to
$6.24. This raise to be effective also on 11-19-84.
Salaries need to be competitive, so that skilled employees
can be retained. I request this interim raise be granted.
COUNCIL MEETING
TO: City Council Nov 13 19c4
FROM: Tom Kuehn, Finance Director
CITY OF ORONO
DATE: November 1, 1984
SUBJECT: July, 1984 Monthly and Year to Date Summaries of
Receipts, Disbursements and Balances
The attached report reflects the cash activity for all funds of the City
for the month of July, 1984 and for the seven months ended July 31, 1984.
The reports summarize by fund the beginning cash balance, receipts,
transfers from other funds, investments sold, disbursements,
transfers t, other funds, investments purchased, and ending cash
balances. The total of all funds for each column is compared to the
previous year for the respective time period. The comparison of the
totals is for the purpose of showing the cash and investments for all
funds from year to year.
a,9v®
SIM1R Q B6�PL9. OLS�R � !W \�
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al'<u1 0a�61%6-1916
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'1OOii lAR YrM M.462.1"
0 016%
01.910.635
i 6S,62f
$12,0631131
$2, 2021632
i 65.629
$11,851,746
i $3.313
63,7%,727
Memo 884-62 /3
COUNCIL MEETING
NOV 13 1984
TO: City Council
FROM: Tom Kuehn, Finance Director CITY OF ORONO
DATE: November 1, 1984
SUBJECT: August, 1984 Monthly and Year to Date Summaries of
Receipts, Disbursements and Balances
The attached report reflects the cash activity for all funds of the City
for the month of August, 1984 and for the eight months ended August 31.
1984. The reports summarise by fund the beginning cash balance,
receipts, transfers from other funds, investments sold,
disbursements, transf era to other funds, investments purchased, and
ending cash balances. The total of all funds for each column is
compared to the previous year for the respective time period. The
comparison of the totals is for the purpose of showing the cash and
investments for all funds from year to year.
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M9.962
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Memo a84-63 14
page 1 of 2
COUNCIL MEETING
TO: City Council NOV 1 3 1984
FROM: —Is Kuehn, Finance Director CITY OF ORONO
Lorraine McGowan, Liquor Store Manager
DATE: November 1, 2
SUBJECT: Monthly Liquor Store Operating Report - August 1984
Attached is the monthly report for the August Liquor store operations
of 1982, 1983 and 1984. Sales for them jor categories of liquor, wine
and beer are shown. Each category is divided by the number of sales to
arrive at an average sale price. The total monthly sales includes the
mix and miscellaneous sales .a well as liquor, beer, and wine sales.
The total gross sales is divided by the total customer count for the
month to show an average sale per customer. Sales discounts are
deducted from total gross sales to arrive at net sales.
To arrive at an estimated gross profit and net profit per month we have
taken a five year average percentage for the third quarter of 1979
through 1983 and applied this to August of the current year quarter.
The actual percentages are used for the prior two years. Although
using this procedure will not be completely accurate it does give a
general comparison of the current month to '.he same month for the past
two years.
The attached monthly report reflects 1983 as the high sales year
overall. Net sales for September, 1984 are down $885 (2.1%) from
1982, and down $4,689 (10.01) from 1983.
Memo x84-63
page 2 of 2
MONTHLY LIQUOR STORK OPERATING REPORT
1982 1903 1984
AUGUST
Liquor Sales
$15,211
$16,755
$14,480
Sales Count
1,865
2,193
1,858
Avg Sale Price
$ 8.15
$ 7.64
S 7.89
Mine Sales
$ 8,979
$ 8,531
$ 9,278
Sales Count
1,644
1,635
1,772
Avg Sale Price
$ 5.46
$ 5.32
$ 5.24
Beer Sales
$17,574
$20,042
$17,655
Sales Count
3,756
4,197
3,751
Avg Sale Price
S 4.68
S 4.88
$ 4.71
Total Gross Sales
$43,759
$47,427
$42,897
Total Customer Count
5,239
5,715
4,834
Avg Sale Per Customer
$ 8.35
S 8.30
$ 8.86
Net Sales
$43,136
$46,949
$42,251
Gross Profit 4
2980
.2912
.2939
Gross Profit
12,855
$13,669
$12,M
Monthly Expense %
.2992
.2046
.1978
Monthly Expense
S 9,.024
$ 9,604.
$ 8, 357
Net Profit
$ 3,831
$ 4,665
$ 4,623
Net Profit % on Sales
.0888
.0866
.9952
Memo P84-64
page 1 of .
COUNCIL MEETING
NOV 13 I984
CITY OF ORONO
TO: City Council
FROM: Tom Kuehn, Finance Director
Lorraine McGowan, Liquor Store Manager
DATE: November 1, 1984
SUBJECT: Monthly Liquor Store Operating Report - September 1984
Attached is the monthly report for the September liquor store
operations of 1982, 1983 and 1984. Sales for the major categories of
liquor, wine and beer are shown. Each category is divided by the
number of sales to arrive at an average sale price. The total monthly
sales includes the mix and miscellaneous sales as well as liquor, beer,
and wine sales. The total gross sales is divided by the total customer
count for the month to show an average sale per customer. Sales
discounts are deducted from total gross sales to arrive at net sales.
To arrive at an estimated gross profit and net profit per month we have
taken a five year average percentage for the third quarter of 1979
through 1983 and applied this to September of the current year quarter.
The actual percentages are used for the prior two years. Although
using this procedure will not be completely accurate it does give a
general comparison of the current month to the same month for the past
two years.
The attached monthly report reflects 1983 as the high sales year
overall. Net sales for September 1984, are down $3,219 (9.4t) from
1982, and down $6,297 (16.9%) from 1983.
Memo 984-64
page 2 of 2
MONTHLY LIQUOR STORE OPERATING REPORT
BRPTBMBBR
Liquor Sales
Sales Count
Avg Sale Price
Wine Sales
Sales Count
Avg Sale Price
Beer Sales
Sales Count
Avg Sale Price
Total Gross Sales
Total Customer Count
Avg Sale Per Customer
Net Sales
Gross Profit "s
Gross Profi:
Monthly Expense i
Monthly Expense
Net Profit
Net Profit 7 on Sales
1982 1983 1984
$12,234
$1.4,7;5
$11,865
1,452
1,779
1,537
$ 8.43
$ 8.35
$ 7,72
6 9,213
$ 8,865
$ 7,562
1,767
1,632
1,317
$ 5.21
$ 5.43
b 5.75
$17,136
$13,233
$11,132
2,839
2,713
2,363
$ 4.29
S 4.88
$ 4.71
$34,683
$38,086
$31,329
4,246
4,467
1,655
$ 8.17
$ 8.53
$ 8.58
$34,215
$37,293
$30,996
2989
.2912
.2939
10,1§6
6A" 564
S 9,062l
.2092
.2046
.1978
S 7,158
S 7,630
$ 8,131
$ 3,038
$ 3,239
$ 2,951
.0898
.0866
.0952
:J
TO:
City Council
Memo
484-66
page
I of -
FitoM:
COUNCIL MEETING
Ton Kuehn, Finance
Director
DATE:
November 8,
1934
1984
NOV 11
SUBJECT:
Cash and Investments
as
of September 30,
1984
CITY OF ORONO
The varioes investments
held by the
City as of September
30, 1984, were
as follows:
aurch.se
Maturity
Interest
Investment
Date
— --
Date
........
Reto
..Ty'e-/Loca-tion
Amount
45-02-79
03-19-86
a.296
F.N.M.A. (41
$ 100,000.30
06-10-92
Obi-13-86
14.62
P.-J.M.A. (2)
50,003.00
09-01-82
03-02-37
12.40
Y.F.C.B. (2)
50,003.04
04-25-54
30-19-84
10.79
B.A. (1)
375,093.61,
05-07-84
02-15-86
12.46
S.C./U.S.T.9. (1)
293,968.80
05-23-84
11-19-84
11.86
^:.P. (1)
236,000.00
85-25-84
05-28-d5
:1.74
F.H.L.S. (1)
206,000.04
0i 1-34
11-19-86
12.96
P.M.M.A. (1)
99,912.50
36-284
04-10-87
13.61
F.N.M.A. (6)
104,464.86
01-11-84
12-12-84
12.12
C.D. (1)
251,064.58
07-12-84
11-26-84
12.03
B.A. (6)
191,247.23
67-12-84
11-13-84
11.97
B.A. (6)
192,077.78
07-11-94
al-16-85
12.26
C.D. (5)
309,999.00
07-31-84
111-39-94
11.50
C.D. (1)
29,a,630.48
08-29-9
92-27-45
11.88
C.D. (5)
360,991.09
09-94-31
3)-04-95
11.55
F.F.C.B. (2)
365,290.90
09-26-84
94-12-85
11.55
C.D. 41)
375, 000. SO
TOTAL
INVESTMEBTS
$3,836,165 Jo
I nveatleerit
Type
[nveatmn[ Location
C.D. of Dnptsit 11) F6µMargiaetto Sarni
E.A. Baak,•r's Ac -W.taov (2) lot National benit4pla
R.P. • Repurcnasv AOrooaent 0) lot National Manit-1Yvwrre
F.N.N.A. Federal Natint"I Nortyn:r Hann. Nolen ,4) Morrill, Lynch - M to
F,4C.N. r deral yap Crailt Bank nrt,nt (5) bin City Fy,jr•nl . a 1.
V.M.L.A. • Fudwral Hasa Loan Reds (6) • Dean Boorrva - VIs
S.C./U.S.T.S. • StriP Coy.ma from U.S. Taus arri
C.Y. • Cowa•r.:ial ►ape[
Memo 984-66
page 2 of 2
Sumwry ofCash and Investmenta.by Location as of SeptaN-•r 30, 1984
_...._____..
Dain Bosworth, Inc.
First National Bank of Minneapolis
Merrill, Lynch, Pierce, Fenner 6 Smith, Tnc.
PW4/Marquetto Bank of hills
First National Bank of the Lakes (Navarre)
Twin City Federal Savings 6 Loan Assn
Total Investments
First National Bank of the lakes (Navarre) -
Total Cash and Tnvestnents
$ 487,789.87
465,906.00
100,000.00
2,123,570.01
660,090.00
3, 914,3f5.89
Checking Account 105,510.89
$3, 941,97d.77
The cash and investments balance and interest earned by fund during the
third quarter of 1984 are shown in the following tabulation:
IAIR
G neral
Federal Revenue Sharing
Park
Community Devel. Rlock Grant
Improvement 6 Equi!nwnt (kit! �y
Building Capital outlay
M.S.A. Construction
..o. State Aid Road 9onds
Permanent Tmrove Revolving
Special Assess 1%6-76 (Sewer/Water)
Special Assess 1980 (Sewer)
SpeAal Aasass 1982 (Sewer/Water/Street)
Liquor operatin3
Water operating
Sorer Operating
:elf Course operating
Pooled Investment
TOTALS
CASH AM
INASTN@RS
INTEREST
EARNED
BALANCE 9 3B
______
Y_E___ARN____W'_.__fB
$1,775,138.42
$ 50,752.16
$135,617.32
75,545.14
1,978.00
5,824.94
133,213.50
2,484.00
9,318.58
(4,212.90)
107,816.H8
2,663.00
8,688.32
31,765.84
827.00
2,475.06
69,612.64
1,RI9.gq
5,729.51
4,291.86
164.00
463.56
1R6,732.69
4,899.g9
14,957.52
895,677.47
23,835.00
67,492.92
253,948.73
7,438.00
18,813.94
138,955.57
4,124.00
8,854.64
29,653.72
964.N
2,491.24
(16,719.08)
(150.00)
(835.98)
194,492.38
5,43"1."
14,657.14
32,7N.21
1,122.00
1,537.54
66,255.61
$3,941,876.77
$108,347.16
$294,996.25
note: The Community Development Block Grant Fund does not earn
interest be ;ause the monies .must be expended first, then a
reimbursement applied for from the County. The Pooled Investment
Fund balance represents the undistributed interest at the end of the
quarter. The interest is distributed in the following month.
INTEROFFICE MEMO 84-163
COUNCIL MEETING
DATE: November 9, 1984
TO: The City of Orono Council NOV 1 31984
FROM: Chief Me! Rilbo CITY OF O R O N O
SUBJECT: 1984 Police Contract Arbitration Award Details
Mr. Joseph Daley, arbitrator for police contract, has rendered
his opinion in the dispute. There were seven issues at impass.
1. Health Insurance
2. Uniform Allowance
3. wages
4. Vacatio,,
5. Sick Leo-.e Accrual
6. Severance Pay
7. Longevity
I will explain each award separately.
1. The health insurance award: Mr. Daley awarded the city
position of $134.34 per employee per month. The budgeted
amount was $145.00 per month per employee for 1984. It is
to be noted that the police are now to be aolueted with other
city employees.
2. Uniform Allowance: The city position was awarded. The city
will provide all city required uniform, articles and equip-
ment. The city will save money and have offl cars as well or
better dressed then previously.
3. wages: The officers wages are not to be equated with the
arrow group of titles selected by the union, which are the
cities around the Lake, but all of Stanton Group 6. Nor is
Orono ordered to compete at the top of the group six cities,
1t is ranked 11. The compromise award of $2309 which in
4.72% 1s close to the budgeted amount for 1984 of 5%.
4. vacation: The award continues to the already city established
practice of non -interne: comparisons with other Orono city
employees. However, with the increase granted, the officers
will have little room t, move in the future. Also, the award
has no impact 1n the budget for two more years.
5. Sick Leave Accrual: The historic city internal comparisons
are ordered continued. A good precedent for the city.
E. Severence Pay: Again, the historic city internal comparisons
are ordered continued. A good precedent for the city.
INTEROFFICE MEMO 84-163
(continued)
Longevity: The union position was awarded. We would much
rather have seen the award in dollars then in percentages.
We expected the longevity award, but one on a dollar basis.
We will look for continuing negotiations to perhaps change
this in the future.
On balance, this is a very favorable award for the city. The
total impact on the 1984 budget will be less than $3000 over
budgeied amount for these areas, or less then 1%.
The Mayor has been forwarded one copy of the revised labor
agreement in the City of Orono and Law Enforcement Labor
Services, Inc., representing police officers. Based on our
arbitrator Daley -a award, I would ask that you consider this
contract and authorized it be stoned on behalf of the cit .
LABOR RELATIONS ASSOCIATES, INC.
7501 Golden Valley Road
Golden Valley. Minnewu 56427
6121546 1470
November 7, 1984
Mr. Mel Eilbo
Police Chief
City of Orono
Boa 66, Crystal Bay
Orono, Minnesota 55323
RE: LAW ENFORCEMENT LABOR SERVICES, INC.
-and-
CITY OF ORONO, MINNESOTA
CASE NO. 84-PN-887-A
Dear Mel:
Enclosed is a copy of Arbitrator Daly's arbitration award and fee
statement in the above captioned matter.
6 c e1y,
`I
a Im the
CFS: bfc
Encl
HAMLINE UNIVERSITY SCHOOL OF LAW
FACULTY. -
November 5, 1984
Mr. Phillip Finkelstein, Esq.
Labor Representative
LELS 10800 Lyndale Avenue South
Suite 220
Bloomington, Minnesota 55420
Mr. C. F. Smythe
Labor Relations Associates, Inc.
7501 Golden Valley Road
Golden Valley, Minnesota 55427
(612) 641-2D81
Re: Law Enforcement Labor Services, Inc., Bloomington, Minnesota
and City of Orono, Crystal Bay, Minnesota, Case No.
84-PN-887-A: Contract Arbitration
Gentlemen:
Enclosed is a copy of my Opinion and Award in the above Contract
Arbitration. Also find a copy of my bill for professional ser-
vices.
Yo rs truly, Y
p �T
ep L. Daly
bit for
JLD:mla
Enclosures
In the Matter of Arbitration OPINION AND AWARD
between Contract Arbitration
Law Enforcement Labor Services, Inc.
Bloomington, Minnesota I I i-'-`�—•7 I
and
City of Orono
Crystal Bay, Minnesota
PERK Case No. 84-PN-887-A
APPEARANCES
On behalf of Law Enforcement Labor Services, Inc.
Phillip I. Finkelstein, Esq.
John Pielow
Mark Tomczyk
On behalf of the City of Onono
C. F. Smythe, Labor Relations Associates, Inc.
Mel Killeo
JURISDICTION
In accordance with the Public Employment Relations Act of
1971 as amended, the above contract �arbi tration case was sub-
mitted to Joseph L. Daly, Arbitrator, on Wednesday, September 12,
1984, for a final determination. The hearing was held in the
Council Chambers at Orono, Minnesota. Post -hearing briefs were
filed by the City on October 12, 1984, and by the Union --with an
extension granted by the arbitrator --on October 15, 1984.
Opinion and Award
Page 2
ISSUES AT IMPASSE
The State of Minnesota, Bureau of Mediation Services certi-
fied the following issues at impasse in the dispute:
I. Health Insurance
2. Uniform Allowance
3. Wages
4. Vacations
5. Sick Leave Accrual
6. Severance Pay
7. Longevity/Educational Incentive
AWARD, DECISION AND RATIONALE
I. HEALTH INSURANCE
Union Position: Prior to the arbitration the Union sub-
mitted to the Bureau of Mediation its final position as "the
employer to pay 100 percent of costs of Hospital Health Insurance
and major medical coverage for each employee and their de-
pendents." However, at the arbitration the Union amended its
position to read "the employer to pay $185.00 of cost of Hospital
Health Ine096ftee and major medical coverage for each emplgypftrnd
their dependents."
City Position: The City will contribute $134.34 per em-
ployee per month toward health, life, longterm dissability in-
surance and the costs of the single coverage of the group dental
insurance plan selected.
Award: The position of the City is accepted.
Opinion ..nd Award
Page 3
Rationale: This type of fringe benefit is generally ac-
cepted by arbitrators, employers and unions as one which is
properly standardized internally within the employee groups
involved with the same'employer. Such standardization enables•
the employer to provide better coverage to a large number of
people for less money.
II. UNIFORM ALLOWANCE
Union Position: Increased to $375.00 per month from the
previous $300.00 per month.
City Position: The City will provide all City -required d•�-e
uniform articles and equipment. j 7-
Award: The position of the City is accepted.
Rationale: The arbitrator recognizes that this is a major
and significant change in the method of providing uniforms for
police personnel in the City of Orono. The union makes a very
strong argument that the City voluntarily placed the uniform
allowance into the collective bargaining agreement. Conse-
quently, it urges the arbitrator not to permit the City the
"right to yank it out whenever it so chooses after the expiration
of an Agreement." Further, the union contends that to accept the
City's position would raise so many questicr.. -the answers to
which the City does not have --that past tradition should be
continued to avoid problems.
However, the City convincingly argues that the issue of "an
allowance versus ■ city's or county's right to provide any and
all uniform articles and equipment" has been answered in a number
Opinion and Award
Page 4
of arbitrations in Minnesota. The result has always been the
same. The employer has "the right and duty" to provide equipment
and uniform items. (See Teamsters, Local No. 320 and MAMA, Case
No. 75-PN-381-A; Teamsters Local No. 320 and MAMA, Case No.
78-PN-370-A; Teamsters Local No. 320 and County of Goodhue, Case
No. 79-PN-219-A; Law Enforcement Labor Services Inc. and City of
Montevideo, Case No. 80-PN-79-A; Law Enforcement Labor Services,_
Inc. and City of Moorhead, Case No. 81-PN-492-A; Teamsters, Local
No. 320 and City of Stillwater, Case No. 81-PN-1086-A; and Law
Enforcement Labor Services, Inc. and City of invergrove Heights,
Case No. 83-PN-348-A.)
Clearly, arbitrable precedent in Minnesota requires a find-
ing on behalf of the City concerning its inherent managerial
decision to provide and pay for uniforms and equipment of its
police officers.
III. WAGES
Union Position: Originally, the Union final position. was 8
percent across the board increase. However, at the hearing the
Union lowered its request to a 7 percent across the board in-
-resse.
City Position: The 1984 wage rate should be increased to
$2,225.00 per morth for a top patrol from the 1983 top patrol
wage rate of $2,204.80 per month.
Award: The wage rate for 1904 top patrol shall be $2,309.00
per month.
Opinion &nd Award
Page 5
Rationale:
a. Comparables
At the arbitration a major point of contention was
what comparables should the arbitrator use in determining the
1984 wage rate. The Union proposed those areas immediately
around the Lake Minnetonka area with full-time police departments
which were also part of the Stanton Group v1 Cities, that is
suburban cities under 10,000. Those seven Stanton Group VI
Cities are Mo:jnd, South Lake, Medina, West Hennepin, Wayzata,
Deep Haven, and Minnetrista. Further, the Union suggests that
since Minnetrista was recently unionized the salary level is
necessarily low. The average 1984 top patrol wages for those
seven communities is $2,309.00 per month. The average without
Minnetrista is $2,332.00 per month.
The Union argues that Orono has not made an in-
ability to pay argument and in fact has the financial wealth
available to pay a 7 percent increase or $2,360.00 per month.
The Union contends that the 1984 Orono budget has already
allotted a 7.5 percent increase for police salaries even though
the Union is only asking for 7 percent. The supervisory police
personnel have already received a 5 percent wage increase for
1984.
The City of Orono strongly argues that the arbi-
trator should not accept the Union's selected seven cities from
the Stanton Group VI Survey. Rather, the City urges the arbitra-
tor to use the entire Stanton Group VI Cities with full-time
police departments average. When that is done, the average 1984
top patrol wage rate is $2,225.00 per month.
Opinion and Award
Page 6
"Comparables" are often a major point of conten-
tion in contract arbitration. The arbitrator accepts the City's
contention that the entire Stanton Group VI Cities with full-time
police officers should be considered. However, in using that
comparable it must also be recognized that there is a wide range
of variance within the Stanton Group VI. For example, the City
of Mound (a Stanton Group VI City) has already settled for a 1984
monthly wage rate of $2,390.00. Whereas, the City of St. Francis
(also a Stanton Group VI City with a full-time police department)
has settled for a 1984 monthly wage rate of $1,560.00. As can be
seen from these two examples, the wage rate within the Stanton
Group VI Cities varies considerably. When considering the entire
Stanton Group VI range, the placement within that range must also
be taken into consideration.
Orono has historically been one of t,:e high paying
police departments within the Stanton Group VI Survey. In 1983,
it ranked 6 out of 31 Stanton Group VI Cities with full-time
police departments. The City's offer to raise the salaries from
$2,204.80 in 198? to $2,225.00 (the average Stanton Group VI
•�• salary) means an increase of slightly less than 1 percent for its
officers. Such an increase is inadequate taking into account
such things as inflation, Orono's historical ranking within
Stanton Group VI, and the wealth of the community. The award of
$2,309.00 per month will bring the Orono police officers from a
rank of 6 within the Stanton Group VI Cities to a rank of 13.
b. The Cmparable Worth Act
During the arbitration the City argued that the
Minnesota Comparable Worth Act requires the City to begin think-
Opinion end Award
Page 7
ing about total compensation and to evaluate jobs in relation to
one another. city says that there is a clear showing that
police officers, � predominantly male occupation, are overpaid in
relation to professions which are predominantly female. The City
urges the arbitrator to consider this statute when making an
award. The City contends that an excessive award will "exacer-
bate the comparable worth problem."
It is true that the Minnesota legislature now
requires local units of government in Minnesota to begin the
process of adjusting salary relationships over the next few years
to insure comparability between male and female dominated
classes. However, at this time it is extremely difficult to
predict the effect of this legislation on salary levels for
various classes of employees in local governments of Minnesota.
No data or relevant criteria was presented at the arbitration for
the arbitrator to consider. Consequently, no reasonable conclu-
sions can be drawn. Therefore, at this time the arbitrator
cannot take this argument into account when setting the wage
award. If Minnesota arbitrators are to consider the Comparable
Worth Act in setting wages, it will be necessary for both em-
ployer representatives and employee representatives to provide
relevant and useful data to assist arbitrators in reaching just
conclusions within the law. Some of the data needed will
probably include:
1. What are the criteria for relating one job to
another? For example, should the job of police officer be com-
pared with the job of nur-
•
Opinion and Award
Page 8
2. Should the lower paid profession be brought
to the pay standard of the higher paid profession or should the
higher paid profession be dropped?
3. What impact will the comparable worth legis-
lation have on .ne Public Employment Relations Act legislation?
4. Should the historical method of comparing
wages be altered? If so, how? For example, should police offi-
cers in the Stanton Group VI Survey no longer be compared with
police officers in other Stanton Group VI Cities but rather be
compared with other professions?
These are only some of the questions which must be
answered before arbitrators in Minnesota can rationally apply the
Comparable Worth Act to contract arbitration in Minnesota.
IV. VACATIONS
Union Position:
0-5 years
10
days
6-10 years
15
days
11-15 years
18
days
after 15 years
1
day per year of service
and then continuing
until a
cap of 200 hours
(25 days) is met
City Position: Based on internal
comparisons, there is no
support for any further increase in
a
plan
which is already more
beneficial than the plan for other
city employees.
Award:
0-5 years
10
days
(60 hours)
6-10 year■
15
days
(120 hours)
11-15 years
10
days
(144 hours)
16 years
19
days
(152 hours)
17 years
20
days
(160 hours) �� 8
18 years
21
days
(160 hours)
19 years
22
days
(176 hours)
20• years
23
days
(104 hours)
Opinion and hwaid
Page 9
Rationale: The City strongly urges an internal consistency
be required in vacations. "Vacation schedules are another bene-
fit whi-h arbitrators have traditionally ,:.ed should be con-
sist 'vein the various employee groups of an employer."
Post_ 4 Brief of the City of Orono, page S. The City cites
Arbitrator Larkin McLellan in Law Enforcement Labor Services,
Inc. and County of Goodhue, Case No. 83-PN-515-A, where he said
"Vacations (sic) is a fringe benefit such as insurance premium
contributions that should be compared internally." Again in
Minnesota Teamsters Public and Law Enforcement Employees Union,
Local No. 320 and County of Goodhue, Case No. 80-PN-934-A, Arbi-
trator McLellan wrote "Fringe benefits such as vacation schedules
should be based on internal comparisons with other county em-
ployees." In the case of County of Wright and Minnesota Teamsters
Public and Law Enforcement Employees Union, Local No. 320, ^ase
No. 83-PN-64-A, Arbitrator John Flagler said "The Union's vaca-
tion accrual proposal would distrut the internal relationship
among the other groups employed by the county.•
it in true that ordinarily the vacation benefit would be
compared internally with other groups employed by the govern-
mental unit. However, the police officers in the City of Orono
have a different schedule than the typical employee of the City
of Orono. The police officers work a 6-3 schedule, that is six
days on and three days off. such a schedule alone may require
different considerations concerning vacation.
Further, the Union makes a convicing argument that the City
of Orono has one of the lesser generous vacation packages com-
pLred to "I other Stanton Groupyl_city police departments.
Opinion end A- rd
Page 10
Again, while it is true that vacation benefit is usually
compared internally, the Orono situation requires a reairangoment
of the vacation benefits. Even Arbitrator Flagler in the County
of Wright arbitration, supra, agrees that there may be times when
the internal relationship must be altered." He said, "No per-
suasive reason . . . to alter the relative equities of the vari-
ous employee groups in this regard, particularly in view of the
fact that the external comparables show the Wright County
Deputies' schedule slot in at the median of the sample." Thus,
it is clear Arbitrator Flagler would be willing to make adjust-
ments if the external comparables indicated an equity.
V. SICK LEAVE. ACCRUAL
Union Position: Increase the accrual up to 1,200 hours.
City Position: No increase beyond the present 960 hours
maximum accumulation.
Award: The city position is accepted.
Rationale: Internal consistency is relevant here. Even
when using the Union's own seven city data the 960 hours compares
favorable to the 910 hour average of the seven cities around the
Lake Minnetonka area.
VI. SEVERANCE PAY
Union Position:
No change
other
than reflect the above
accrual up to 1,200 hours (i.e., one-third of up to 1,200 accrual
hours) aftei three years of service.
Opinion and Award
Page 11
Cities Position: Continue present amount of severance pay.
Award: City position accepted.
Rationale: Severance pay is consistent with other employees
in Orono. Any changes should come about through negotiation with
the City.
VII. LONGEVITY/EDUCATIONAL INCENTIVE
Union Position:
After 4 years
After S years
After 12 years
After 16 years
City Position:
5 years
7'S years
10 years
15 years
20 years
or in the alternative
3% additional to base rate
5% additional to base rate
7% additional to base rate
9% additional to base rate
$25.00
per
month
$30.00
per
month
$35.00
per
month
$40.00
per
month
$45.00
per
month
5 years $15.00 per month
10 years $30.00 per month
15 years $45.00 per month
Award: Position of the Union is accepted.
Rationale: The City bases its figures on the City of Savage
or the City of Farmington as representative of the average of
Stanton Group 6 Cities.
The Union asks for a percentage increase to protect for
inflation in the coming years.
In reviewing the typical Stanton Group VI City which pro-
vides for longevity/educational incentive, it is clear that a
Opinion and Award
Fage 12
percentage amount rather than a flat dollar amount is typical.
f .,�
Joseph LF Da—iy—
'A/Yp'1tz � or
DATED: November 5, 1984 V
C3UNCIL MEETINGg
NOV 1 3 1984
Tot Orono Council Members
CITY OF ORONO
From1 John R. Serhardson, Public Works Coordinator
Dated November a, 1984
Subject) Carman Street Sewer Project Reimbursement
In October 1983, the City of Orono entered into an agreement
with three residents on Carman Street for the construction of
sanitary sewer service to their properties (agreement attached).
As per the agreement, after the residents have completed
their obligations the City is required to reimburse two of the
properties f3,500.00 each with one property being deferred until
the construction of a dwelling.
The construction is completed and the developers have
completed their obligations of the agreement. Therefr,. it is my
recommendation to reimburse Mr. Richard Edwards - n Carmo
Street and Mr. Edward T. Lehman, 2470 Carmon Street $3,500.00
each as per the deveolpers agreement dated October 25, 1983,
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT FOR
CONSTRUCTION OF CARMAN STREET
SANITARY SEWER PROJECT
DEVELOPERS
WARD EDWARDS
RICHARD EDWARDS
EDWARD LEHMAN
THIS AGREEMENT, made and entered into this 25 day of
October I 1983, by and between the City of Orono, a municipal
corporation un er the laws of the State of Minnesota (hereinafter called "City") ,
and Mr. and Mrs. Ward Edwards, Mr. and Mrs. Richard Edwards, and Mr. and Mrs.
Edward Lehman jointly, and severally, their heirs, successors and assigns,
(hereinafter called "Developer").
W I T N E S S E T H-
WHEREAS, the Developer has made application to the City Council for
approval of plans to construct a sanitary sewer system to serve property owned by
the Developers and legally described as follows:
P.I.D. 20-117-23 12 0027
P.I.D. 20-117-23 12 0028
P.I.D. 20-117-23 12 0043
AND, WHEREAS, the City Council has granted approval for such
development on the condition that the Developer enter into this agreement to
provide for the installation of improvements hereinafter described on the terms
and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and of the mutual
promises and conditions hereinafter contained, it is hereby agreed by the City and
Developer:
1. a) Pursuant to Chapter 429 of Minnesota Statutes, the City does hereby
order Bonestroo, Rosene, Anderlik and Associates, Inc., City
Engineers, to prepare plans and outline specifications for the
extension of municipal sanitary sewer to the above described three
properties as follows:
The project shall includeone central duplex, package -type grinder
pumping station with a force -main to the existing sewer system in
Carman Street and gravity lateral and service lines to the subject
three lots according to the feasibility report dated August 5,
1983, as amended by letter dated August 17, 1983, attached hereto as
Exhibit A. Service shall be provided to the two existing
residences at 2470 and 2480 Carman Street, with a stub provided for
future connection of the intervening vacant lot.
Page 1 of 7
b) Upon completion of the plans and outline specifications and
approval thereof by the City Council, five sets of the plans and
specifications shall be delivered to the Developer who shall
thereafter bid and/or contract with a City -approved, State -
licensed plumbing contractor to install the complete system with
said Developer's assuming the complete cost thereof, including
without limitation all excavation, backfill, electrical
connections, restoration, septic tank pumping and abandonment,
street opening, tapping, barricades, street restoration and other
items necessary for a complete operating system.
c) The City shall obtain all required Pollution Control Agency and
Metropolitan Waste Control Commission sewer extension permits.
The City shall not be liable for failure to obtain the permits.
d) The Developer's licensed contractor shall obtain from the City two
sewer connection permits for the two existing residences at 2470
and 2480 Carman Street, which combined permits shall constitute the
only City permit required to install the proposed system to and
including connection of the existing residences. A third
connection permit shall be required whenever anew house is built on
the third vacant lot.
e) The undersigned owner shall pay to the City all required permit,
connection and sewer availability charges prior to issuance of the
construction permits, as follows:
kJDRESS: 2470 (exist.)
Permit Fee $ 20.50
MWCC/SAC $425.00
Navarre Connection $375.00
Unit
2474 (future)
deferred
deferred
deferred
2480 (exist.)
$ 20. 50
$425.00
$375.00
$820.50
deferred
$820.50
f) Upon payments to the City
of the amounts due to the City under the
agreement, the City shall
reimburse the Developers upon completion
and approval of the project by the City, in an
amount equal to the
estimated cost of providing pumps for gravity sewer
service to each
property consistent with
past City sewer projects, as follows:
ADDRESS:
2470
2474
2480
Amount to
be paid $3,500
$3,500
$3,500
by City
to Developer
In addition, the City
shall pay the City's
Engineer costs,
estimated to be S900 for
each of the units.
Page 2 of 7
y) The City Engineer shall inspect the work during construction and
the Developer and their contractor in re•.urn for the above
reimbursement shall and hereby do agree to abide by the City
Engineer's directions regarding installation and construction
practices.
h) Prior to final acceptance by the City, the Developer shall provide
to the City permanent utility easement over, on, across, and under
that portion of their property within which will exist the City -
owned portion of the proposed system, in a forn approved by the City
Attorney.
i) The Developers hereby agree to deed, grant and gift to the City, and
the City hereby agrees to accept and to thereafter maintain and
operate upon completion and final acceptance of the project by the
City that part cf the project in the public right of way or easement
consisting of the toiccmain sewer, the pumping station, and the
gravity lateral lines including manholes but excluding individual
service stubs or lines to the three properties.
j) The Developers shall Ncv all construction costs and the City shall
pay its engineering c,.sts out of the connection charges, there
shall be no special assessment for installation of this project.
2. Improvements: In accordance with the policies and ordinances of
the City, the Developer's above described public or private improvements
(hereinafter collectively called the "Improvements") shall be constructed and
installed by the Developer at their cost on the terms and conditions hereinafter
and hereabove contained.
3. Construction Plans: The plans and specif icatlons for the complete
installation of the Improvements are attached as Exhibit B. The plans and
specifications shall conform to all current City standards for all applicable
work.
4. Construction of Improvements:
A. Commencement Date- The constructionof Improvements shall begin no
later than November 7, 1983
S. Completion Date - All Improvements shall be completed no later than
June 1, 1984
C. Contractors - The Developer shall select, retai.i and supervise the
Contractor(s) responsible for Improvement construction. The
City reserves the right to require satisfactory proof of successful
experience and adequate financial status of any such contractor.
Where required by City ordinance, thecontractor shall first obtain
a license from the City.
D. Pre -construction Conference - Prior to the start of any
construction, the Developer and the Developer's Contractor shall
meet with the responsible City officials to review construction
plans and schedules.
Page 3 of 7
Permits - Prior to the start of any construction, the Developer's
Contractor shall apply for and receive all necessary permits from
the City and/or government agencies having jurisdiction.
Construction -The construction, installation and materials shall
be in accordance with the plans and specifications approved by the
City.
Insurance - The Developer will cause each person who constructs and
installs any Improvement to maintain complete insurance coverage
including Workmen's Compensation, Liability and Property Damage.
5. In lieu of a warranty or performance bond it is agreed that although
the City may approve the project as being completed for use by the developer, the
City will not be responsible for or take over ownership of the project until one
year after the City has approved the project as being complete. The Developer
will be responsible for all costs in maintenance related to the project. Until
that time the City will not accept responsibility for the project unless the
project is in satisfactory operating condition as determined by the City
Engineer.
5. Notice to Buyers: Developer's shall inform each respective buyer
of the propertys of the terms of the agreement.
7. Resolutions of City: Developer agrees to be bound by the
provisions set forth in all resolutions of the City Council approving the
Uevelopment.
8. Binding Effect: The terms and provisions hereof shall be binding
upon and inure to the benefit of the heirs, representatives, successors and asigns
of the parties hereto. References herein to Developer, if there be more than one,
shall mean each and all of them. This agreement at the option of the City shall be
placed of record so as to give notice hereof to subsequent purchasers and
encumbancers of all or any part of the property.
9. Notices: Whenever in this agreement it shall be required or
permitted that notice or demand be given or served by either party to this
agreement to or on the other party, such notice or demand shall be delivered
personally or mailed by United States certified mail (return receipt requested)
to the addresses set forth below. Such notice or demand shall be deemed timely
given when delivered personally or when deposited in the mail in accordance with
the above.
NOTICE TO CITY
City of Orono
City Clerk
P.O. Box 55
Crystal Bay, MN 55323
MOTICE TO DEVELOPER
Richard A. Edwards
2480 Carman Street
Wayzata, MN 55391
NOTICE TO DEVELOPER
Edward T. Lehman
2478 Carman Street
Wayzata, MN 55391
NOTICE TO DEVELOPER
Ward E. Edwards
3545 Olenhurst Avenue
St. Louis Park, MN 55415
Page 4 of 7
10. incorporation by Reference: All plans, spec' 1. provisions,
proposals, specifications and contracts for the Improvements rurnished as let
pursuant to this agreement shall be and hereby are made a part of this agreement by
reference as fully as If set out herein in full.
11. Disclaimer by City: It is understood and agreed that the City, the
City Council, and the agents and employees of the City shall not be personally
liable or responsible in any manner to the Developer or Developer's contractors,
subcontractors, materialmen, laborers, or any other person, firm or corporation,
for any debt, claim, demand, damages, actions or causes of action of any kind or
character, arising out of or by reason of the execution of this agreement or the
performance and completion of the Improvements.
12. Hold Harmless and Indemnification: The Developer shall
indemnify and hold harmless the City, the City Council, and the agents and
employees of the City from and against all claims, damages, losses or expenses,
including attorney fees, which the City, City Council and agents and employees of
the Citymay suffer or for which it may be held liable, arising out of or resulting
from the assertion against them of any claims, debts or obligations in consequence
of the performance of this agreement by the Developer, its employees, agents or
subcontractors, whether or not caused in part by a party indemnified hereunder.
13. Remedy for Default: Default by the Developer of any of the terms of
this agreement shall automatically result In the suspension or withholding of all
permits, licenses, occupancy certif icates or other authorizations Issued in this
development.
The Developer hereby grants to the City, its agents and its
employees, the right to enter on the property for the specific
purpose of constructing or completing anyand all of the agreed upon
Improvements should the Developer not complete those Improvements
by the date specified in Section C-H.
The remedies afforded to the City under this Section shall be in
addition to any other remedies to which the City may be entitled by
law or other agreement.
IN WITNESS WHEREOF, the City and Subdivider have caused this agreement
to be duly executed on the day and year first above written.
Page 5 of 7
\` C
Mary
'• //. ub err, ayQ/orr..
Lf.A.Kc2�i- ///C,4 ./
Alberta M. Strom, Ci[y tTe r—fc—
STATE OF MINNESOTA )
)as.
COUNTY OF HENNEPIN )
The fore Sn instrument was acknowledged beeg�ore e t s day
of ,� , 1983, by i'7-Zt/I.y C_�. Q� and
Mayor and -arty Per , respectively, the
city o Orono, a Minnesota mun cipal corpora ion, on behalf of the municipal
corporation.
=1nl .iaM LUI
NENNEPIN COUNTY o a [ y Pu c
rM eaYlw eta aN
We have read and understood the above agreement and agree on behalf of
ourselves, successors and assigns that the use of the above described property may
be so regulated by the City of Orono and agree to the filing of a copy of this
agreement in the chain of title to the property.
and E. Edwards -
STATE OF MINNESOTA )
)as.
COUNTY of HENNEPIN )
The foregoing instrument was acknowledged before me this '7_0 day of
1983, by (4ia.ce ' . 4r.w<cc c and
and an w 6e, respect ve yi ,renown to me to be
• person s described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and dead.
oA Cacy a nc L
oE•ri a sate
aw•ir Ylsrs Nsaesars
Page 6 of 7 IA We bpm An rt INl
dWard T. LeTiman
pouse
STATE OF MINNESOTA 1
as.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me thisl+Ly_day of
.A%OdArIn ALc L, , 1983, by �Prned GE,y +^w.+ and
GLoa-.A !�. BEN— husband and wife, respective y- a- sown to me
to e the person s) escE e n and who executed the foregoing instrument, and
acknowledged that he (they) executed the some as his (their) free act and deed.
vim.
A'.EAN E. NYGMRG
1 R:
Notary Pu 4M I:IIe1RE54N le' M
RRIchardEdwards
STATE OF MINNESOTA ) pouse
) as.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowled ed before me this ;71-E+ day of
- --'AA- , 1983, by A,GwgA, ,7.. E.�✓.s.U+ and
s��1IwN R e✓aDu , h susban- and wife, respect ve y, known to me to be
the person(s) descrIbed in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
,wvwVw.+.wn.
(I.AN E NYG/AVD
0
Notary Pub c .i �N E. "$M W INN
Page 7 of 7
COUNCIL MEETING
NOV 13 1984
To& Orono Council Members ((��
Frome John R. Gerhardson, Public Works Coordinator OF ORONO
Date& November 9, 1984
Subject& Schedule Public Hearing - Transfer Funds Community
Development Block Grant Program
Recently the handicap ramps for precinct 03 at the Lakeview
Golf Course was completed. The ramp was constructed using
Community Development Block Grant monies.
Because there was not adequate funds allocated for the
project it to necessary to transfer funds from another project
that has a surplus of funds.
The procedure necessary to transfer funds from one project
to another requires conducting a public hearing.
Therefore, it is my recommendation to schedule a public
hearing for 7sOO p.m., December 10, 1984.
NOTICP.
PUBLIC HEARING ON PROGRAM AMENDYEN'r
Notice is hereby given that Hennepin County and the City of Orono will
hold a public hearing to consider proposed amendments to program years
I% and % under Title I of the Housing and Community 'Development Act of
1974 an a-nended.
A citizen participation plan is available at the city off ice to assist
in your participation in the hearing.
The hearing is to be held on December 10, 1984, at 7:00 P.Y, in the Orono
Council chambers locate-i +t 17.75 South Brown Road in the City of Orono.
This public hearing is being held pursuant to a joint cooperation
agreement between Hennepin County and the City of Orono. M.S. 471.59
/s/ Dorothy M. Hallin
City Clerk
COUNCIL MEETING
TO: Orono city council r(ov ) s ,je'(
FROM: John R. Gerhardson, Public works Coordina®kTY OF O R O N O
DATE: November 6, 1984
SUBJECT: Policy Review - Collecti,,o of Fees
Recently it has come to staff attention that employees of the Building
and Zoning Department have been receiving direct compensation from
private contractors to perform inspections during times other than
normal business hours (mob 'v weekends).
Jeanne Mabusth, Zoning Administrator has stated that the collection of
fees by an individual has been going on for several years, and it was her
understanding that this was an approved policy. A review of the
situation with the employees involved has determined that no one seems
to know who authorized or approved the policy, only that it has been the
normal procedure for quite some time.
It has also been determined that there are times that inspections
during other than normal business hours is necessary. Therefore
there is a need for a standard written policy regarding inspections
during those times. At the present time all inspections during other
than normal business hours have been stopped. Until such time that a
written approved policy is established, I would recommend the
following guidelines be followed.
1. All inspection during other than normal business hours
must be approved by the department head.
i. Tho contractor or person pays the inspection fee to the
City of Orono. (The current fee for inspections during
other than buslneba hours is $15.88 per hour with a minimum
of two hou•u as per the recommended fee schedule listed in
the (USC) Uniform Building Code.
9. The employee would then subwit the amount of tine
(minimum two hours) on his/her regular biweekly payroll
!h 't to the Finance Department and receive one and one half
t,,G-s his/her hourly rate.
I have discussed this situation with City Attorney Tom Radio and it is
his recOm"ildstion that we discuss this matter in executive session on
November I% _a
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1017.60
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12
39739*79
1687944COUNCIL
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BOBZIEN
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13337903
564.90
BRIBER
CA
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518900
100.30
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31
26378942
1143968
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SLIGO SR 93 1633.95 0.00
SPITV JO 92 2062Y.39 ST5.20
STEFFENHAG RE 93 21245.6C 926.00
STEVENS RG 93 1E94.00 0-C1!
SUTTON PE 12 99C9.53 476.25
TOMCIYK MN 31 23986,74 101F.60
COUNT GRwhO 37.05.20 4
FAIC 00j45
TOTAL 00051 TCTAL
TOTAL FICA TAX GROSS = 19,253021 EM%L YERS FICA
A = GRCUF PFALYM
P. = PI•TSICTAR•S HEALTH FLAN
C = BLUE CROSS/BLUE SHIELD
D • MEOICAL CENTER PLAN
E • PRUDENTIAL
F • CCOOO. HEALTH CARE
G = Alk%ESOTA "NO
H = TRANS-APIEPICA OCC.
I = RANKEFS LIFE
J = MLTUAI SERVICES
X = PUTUAL OF OMAHA
L ENFLOTEEOS BENFFIT
P = AETNA
N = NICCLIET EITEL
0 • LE46UE OF CITIES
I • HEALTH CARE RAINY ACCT.
MISSING MCSP COOE FOR SOME EMOLOS
CITY C F
E"FL-AO Ni.P' ]' GP^53 44J95 Exo/4LL0a
AEAMS T 11 2313.FS 21)=3S
ULTLEF eC 11 25E9,48 762=68
FMAFM T 11 231305 21005
GDldLM U 11 2313465 21J.V35
MtIMEFEL J 11 2313.05 21J.35
c3U'!1 GDihJ 1.106.0?
PAID ..=^5
TCTAL ::"15 l(LL
TOTAL FICA TSN OhWl M •7: EM-LOYERS FICA
A + Gh LJF MEALT".
E = DhYSICI WS HE KTF PLA'1
C = ELUS :4:S5/i LUE SMIELC
0 • MdO:C•t CENTE? PLC4
E • FAL)f,0:AL
F CCCr C. MEAITP CAPL
G = MNJ,ES:TA 443
w = TRlKS-!:ar FICA CCC.
• EAFMEAS LIFE
J = PUTLAI SEFY:C'T.
M • 06TUAL JF 'MAMA
L • EMcLCYEr•S DEACPIT
F • 00NA
N • NIC CL IEi EITEL
C = LEAuU? CF CITIES
2 + MEAL4 CAD: MA TNT ACCT=
MI+SI116 hi SF CODE F IR S)ME ERDL•S
r
1964 CITY
OF DOOR@
CLCR RENISILR
1C-31-84 PAGE 1
1
cN[cN No.
DATE __._-„�II_
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11-13-81 PAGE t
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Planning Commission
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PUBLIC ATTENDANCE
CITY OF ORONO
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Planning Commission
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CITY OF ORONO
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Planning Commission
PUBLIC ATTENDANCE
CITY OF ORONO
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MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 22, 1984. PAGE 1
ATTENDANCE 7:30 PM The Orono Planning Commission met on the above date with
the following members present: Chairperson
Goetten, Planning Commission members Sime, Rovegno,
Callahan, McDonald, Kelley, and Adams. Building and
Zoning Administrator Mabusth, Assietant Zoning
Administrator Gaffron, and Recorder Sutton repre-
sented City staff.
8869 JAMBS PHELAN
1231 MILDBURST TRAIL
SUBDIVISION
PUBLIC HEARING
7.30 - 7:34 PM
James Phelan was present. Zoning Administrator
Mabusth noted the certificate of mailing and the
affidavit of publication. Chairperson Goetten
closed the public hearing at 7:34 p.m. sin, no one was
present from the audience for this public hearing.
Kelley moved, McDonald seconded, to recommend
approval of the two lot plat application of James
Phelan finding all standards of the LR-1B zoning
district have been satisfied and that the property has
been assessed two sewer units and sewer is available;
approval subject to the following:
I. Future owners of Lot 1 must apply for a land use
permit from the City if a guest home use is
proposed for structure referred to as shed on
preliminary plat.
2. Payment of park fee for newly created Lot 2 at
$100.
3. Future owner of Lot 2 must have new access to site
approved by the Public works Department.
4. Sewer. connection for Lot 2 must be reviewed prior
to issuance of a building permit for new residence
by the Public Works Department.
S. Sewer unit fee of $225 must be paid with building
permit for Lot 2.
Motion, Ayes 17), Ways (0).
MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 22, 1984. PAGE 2
4872 BRECKEMRIDGR DEVELOPMENT CORP.
1200 OLD CRYSTAL BAY ROAD
SUBDIVISION
PUBLIC BEARING
7:45 - 7:49 PM Jim Kienzler and James Bartlett represented t'iie
Breckenridge Dr.velopment Corporation. Zoning
Administrator Mabusth noted the certificate of
mailing and the affidavit of publication.
Chairperson Goetten closed the public hearing at 7:49
p.m. since no one in the audience was present for this
public hearing.
Chairperson Goetten asked the applicants about the
existing sheds that are shown on the plat.
Jim Kienzler stated that most of those sheds will be
removed or have been removed already. Kienzler
stated that the one concrete building will stay and be
used for storage. Kienzler noted that the rest of the
sheds will be removed.
Rovegno asked if this property was in the MUSA line.
Zoning Administrator Mabusth stated that this
property is outside the MUSA line and that the City
must draft a resolution with special findings as to why
this property should be hooked up to the existing sewer
system since it is outside the MUSA line. Mabusth
stated that the rural standards still apply to this
application.
Rovegno moved, Sime seconded, to recommend approval of
the two lot plat application of Breckenridge
Development Corporation finding all standards of the
RR-lB zoning district have been satisfied and that the
City approves a sewer connection to existing metro
gravity line based on the following findings:
l.w.i9'he sewer project was assessed and constructed in
1963 prior to adoption of Orono's Comprehensive
Sewer Plan.
2. Stubs are provided in gravity line for new lot.
3. Rural standards still apply to property.
4. Courts do not support the denial of a sewer
connection when properties are assessed for
specific sewer projsts.
5. Property could sustain an on -site septic system if
required.
Such approval is subject to the following:
MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 22, 1984. PAGE 3
4872 BRECKENRIDGE DEVELOPMENT CORP.
1. Paymrr.! of a $225 sewer unit charge with building
permit application.
2. Dedication of right-of-way for County Road 84 and
51 as shown on plat.
3. Designation and dedication of 20' drainage
easements along east and south property lines.
4. Payment of park fee for newly created lot at $200.
5. Access to new lot must be approved by Hennepin
County Highway Department --access permit must be
submitted with building permit application.
Motion, Ayes (7), Nays (0).
PENCE ORDINANCE
PUBLIC HEARING
9:50 - 9:51 PM Zoning Administrator Mabusth noted the affidavit of
publication. No one was present in the audience for
this public hearing. Mabusth stated that Council has
requested that the fence ordinance be revised.
Mabusth stated that Council wanted grade changes with
height-Eombina tions addressed along major thorough-
fares and to determine if privacy fences constructed
per accessory standards require filling limitations.
Sime suggested that no fence should be allowed to go
beyond the front line of the house down to the lake.
Sime stated that the fence should be constructed at
existing grade before development occurs.
Rovegno stated that grading and fence construction
limits should be considered in with total height so that
the fences, trees, shrubs, or berms can be constructed
or installed, but that the combination of both could not
..�exceed the height of 6' above the crown of the road, so
that the net change in the combination of fill and fence
is no more than 6' above the crown of the road.
Kelley stated that the fence should be constructed at
existing grade and that no alteration in the grade
should be made. Kelley stated that the fence should
be constructed at the grade before development started
but a fence no higher than 6' at existing grade.
Callahan suggested not calling the fence an accessory
structure and then you wouldn't have this problem.
Callahan stated that it should be part of the code and
list performance standards for fences rather than fall
under the category of an accessory structure.
Sims volunteered to check with other communities and
cities to see how they categorise fences and what thei
fence ordinances are and to obtain copies or such
ordinances.
MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 22, 1984. PAGE 4
1854 ROBERT JOHNSON
1981 PAGERNESS POINT RD
CONDITIONAL USE PERMIT
Robert Johnson was present. Assistant Zoning
Administratc. 2af f ran noted that this application was
tabled at the August Planning Commission meeting
pending receipt of a survey showing all hardcover and
an engineering report on the stability -of the stairs
and retaining walls. Gaffron noted that the City is
in receipt of both the survey and report.
Adams stated that he is concerned about the increase in
hardcover on the property. Adams stated that the rip
rap that was done extended out into the lake farther
than what should have been allowed. Adams stated that
it appears that work was done with the 0-75' setback
area to increase the hardcover beyond the scope of the
rip rapping permit. Adams stated that at the last
meeting he noted the trees that had been removed within
the 0-75' setback area. Adams stated that this should
be investigated.
Chairperson Goetten stated that there is too much
hardcover on the property. Goetten stated that some
of the hardcover, maybe the gravel areas, should be
removed. Goetten asked if the guest house noted on
the survey is used as a guest house.
Robert Johnson stated that the guest house is not used
as a guest house.
Kelley stated that the hardcover on the property is in
excess. Kelley stated that he has a problem with the
excessive hardcover, the guest house, and the rip
rapping that was done. Kel ley noted that the property
should be restored to its original state before the
work commenced.
Zoning Administrator Mabusth stated that the
applicant would need to file for a conditional use if
that 'guest house* noted c survey was ever to be used
as a guest house.
Kelley asked Johnson how many trees were removed.
ert Johnson stated three trees were removed but not
in the 75' setback area. Johnson stated that he
go. a permit for the rip rapping. Johnson stated that
he thought that the other work was covered under the
permit that Hiccum originally took out the year
before.
Adams stated that there were stumps with shoots
growing out of them. Adams stated that the trees had
clearly been cut.
MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOEER 22, 1984. PAGE 5
1854 ROBERT JOHNSON Kelley stated that maybe the Planning Commission
should direct staff to have a professional forester
look at the trees.
Zoning Administrator Mabusth stated tl. if a
professional needs hiring, that it would he at the
applicant's expense, not the City's expense.
Rovegno moved, Adams seconded, to deny the conditional
use permit request of Robert Johnson to increase the
hardcover based on the finding that work has been done
without a permit and that hardcover is significantly
excessive on the property and that such work would have
required a variance, and Planning Commission
recommends the following conditions:
1. That all hardcover should be removed which has
been installed since 1981 which exceeds the code
requirements.
2. If any trees over 6" in diameter that have been cut
down are found within the 75' setback area, that
the applicant be issued a citation and staff to
take action accordingly subject to City code.
3. City places applicant on notice that the "guest
house" noted on the survey requires a conditional
use permit should applicant decide to start using
this as a guest house.
Motion, Ayes (7), Nays (0).
1870 GARY VALENTA
1160 TONNLINE ROAD
VPJIIANCE
PUBbIC HEARING
8:35 - 8:36 PM
Gary Valenta was present. Assistant Zoning
Administrator Gaffron noted the certificate of
mailing and the affidavit of publication.
Chairperson Goetten closed the public hearing at 8:36
p.m. since no one was present in the audience for this
public hearing.
Assistant Zoning Administrator Gaffron stated that
the applicant wishes to construct an attached garage
and cannot place the garage elsewhere because of the
septic system location and the topography of the land.
Rovegno asked if the proposed location of the garage
will compromise any future alternate drainf ield site.
Assistant Zoning Administrator Gaf fron stated no that
it would not affect the alternate septic site.
MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 22, 1984. PAGE 6
#870 GARY VALENTA McDonald moved, Kelley seconded, to approve the
variance for Gary Valenta to construct an attached
garage 26' x 18' with a side setback of 22' and a rear
setback of 60' finding the existing topography and
location of septic system as hardships. Motion, Ayes
(7), Nays (0).
1871 WILLIAM MIELENZ
3435 CRYSTAL BAY ROAD
VARIANCE
PUBLIC HEARING
8:41 - 8:43 PM
William Mielenz was not present. Clint Gables and Ms.
Pandel represented Mielenz. Assistant Zoning
Administrator Gaffron noted the certificate of
mailing and the affidavit of publication.
Chairperson Goetten closed the public hearing at 8:43
p.m. since no one was present in the audience for this
public hearing.
Assistant Zoning Administrator Gaffron stated that
the applicant is requesting a variance to construct a
deck within the 75-250' setback zone. Gaff ron noted
that the garage that was built in 1977 in the rear of the
property requires a long driveway and thereby
constitutes large amounts of hardcover on the
property.
Planning Commission member MCDo•:ald noted that she
lives in the neighborP ood and that the drainage from
this property is bad.
Adams suggested building a Swale adjacent to the
driveway to correct the drainage situation. Adams
stated that a trade off in hardcover between the house
and garage shoLld be made.
Rovegno moved, Adams seconded, to recommend approval
of a hardcover variance in the 75-250' setback zone in
order to construct a deck 12' x 27' finding that the
existing garage was constructed in 1977 and requires a
long driveway thereby causing a hardcover problem,
with such approval subject to complete removal of the
equivalent 324 sf of gravel hardcover around the house
and garage and such variance not to be valid until
drainage problems are solved on both sides of the
subject property. Motion, Ayes (7). Nays (0).
MINUTES OF THE PLANNING COMMi3SION MEETING HELD OCTOBER 22, 1984. PAGE 7
1873 LEO CLIPPORD
4760 NORTH SHORE DRIVE
VARIANCE
PUBLIC HEARING
8:50 - 8:51 PM
#874 DUANE BARTH i
MRS D. JOHNSTONE
1810 SIIADYNOOD ROAD
VARIANCE
PUBLIC HEARING
9:03 - 9:46 PM
Leo Clifford was present. Assistant Zoning
Administrator Gaffron noted the certificate of
mailing and the affidavit of - publication.
Chairperson Goetten closed the public hearing at 8:51
p.m. since no one was present in the audience for this
public hearing.
Assistant Zoning Administrator Gaffron stated that
the Clifford's want their lot declared buildable.
Callahan moved, Sime seconded, to recommend approvals
lot area and lot width variance based on the following
findings:
1. No other adjacent land is available.
2. Sewer is available and has been assessed for one
sewer unit and footage.
3. This lot fits in the the pattern of the existing
..eighborhood.
Motion, Ayes (7), Nays (0).
Duane Barth and Mrs. D. Johnstone were present.
Assistant Zoning Administrator Gaffron noted the
certificate of mailing and the affidavit of
publication. Chairperson Goetten announced that now
was the time and place for the public hearing
concerhing a variance for Barth and Johnstone. The
following were present for this public hearir-:
Don Peterson of 32 Interlachen Court
Dave a Hilly Eiss of 1790 Shadywood Road
Charles Pyle of 1820 Shadywood Road
Mrs. Johnstone stated that she has always paid
separate taxes thinking that someday they would be
able to build on this lot. Johnstone stated that they
have paid a lot more taxes oecause they arc separate
lots. Johnstone stated that they have paid the sewer
and water assessments for this lot too.
Assistant Zoning Administrator Gaffron stated that
the lot was charged a sewer lateral charge.
NTMUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 22, 1984. PAGE 8
Callahan stated that the Planning Commission needs to
see the overall plan for both lots.
Kelley stated that both lots have hardcover prob'<ms.
Kelley stated that he too would like to see plans for
the whole deve Vnpment.
Rovegno stated that if they ran -�uiid two houses
meetin - all the hardcover and other codes of the City,
then he could look upon the application favorably.
Don Peterson stated that this is a buildable lot which
has beer platted according to the building codes at the
time it was platted. Peterson stated that sewer was
subsequently put in and this lot was assessed as
buildable lot. Peterson stated that the water main
was subsequently put ir. and again this lot was assessed
as a buildable lot. Peterson stated that Mrs.
Johnstone has paid taxes on this lot as if it was a
buildable lot. Peterson stated that the City has
changed the rules since this has been platted to
require new subdivisions to meet the code, but does the
City have the right to go back in and change the rules on
someone that already has a platted lot under the old
subdivision rules.
Zoning Administrator Mabusth stated that the special
assessments on a piece of property never in and of
themselves declares the lot a buildable lot. Mabusth
stated that the applicant was charged two lateral
assessments because of the lineal footage of the
property. Mabusth stated that the value of that lot
is never assessed as a buildable lot, but assessed as a
vacant lot as part of the improvements for the existing
house. Mabusth stated that the assessor can break
down those special assessments.
Charles Pyle of 1020 Shadywood Road stated that he is
concerned about the division of the lot. Pyle stated
that everything on the south side of this lot is larger
than this proposed lot. Pyle staged that there are
several large trees that may have to be removed that
concern him.
Adams stated that the fact that the house is on one lot
and the garage is on the other :ot creates problem
and suggests to him that it has been treater years
as a single lot. Adams stated that if th. was
platted before the City codes were changed fight
feel differently.
Kra. Johnstone stated that she pave 01,500 in taxer for
the lot with the existing houss $1,400 for the
other vacant lot with the garaq.
MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 22, 1984. PAGE 9
Rovegno stated that 2,275 sf of hardcover would be
allowed with no variances to hardcover. Rovegno
stated that if the applicant can place two houses on
the two lot and meet the hardcover regulations and all
other codes, then the Planing Commission would
probably look favorably on the application.
Chairperson Goetten stated that the Planning
Commission would like to see the assessment history of
the properties, the tax history, and the overall plan
showing all hardcover.
Sims moved, Adams seconded, to table this application
to allow staff and applicant to bring in more
information regarding the sewer and water assessment
history and overall play. of the project. Motion, Ayes
(7), Nays (0).
APPROVAL OF MINUTES Sime moved, Callahan seconded, to approve the Planning
Commission Minutes of September 17, 1984. Motion,
Ayes (7), Nays (01.
REPRZSZMfATIVE TO ATTEND
COUNCIL MEETING McDonald volunteered to attend the Council meeting of
November 13, 1984.
ADJOURMNEVY 10:09 PM The Planning Commission adjourned at 10:09 p.m.
LAKE MINNETONKA CONSERVATION DISTRICT
L.M.C.D..MEETINC SCHEDULE
November and December 1984
Lurday 11-7 4 Water Structure@ L Environment Committee
7,30 a.m., J. J. Hill's Ironhorse Inn, Wayzata
Monday I1-19-94 Lake Use Committee
0 p.m., LMCD Office, Wayzata
Betmidy 12- 1-84 acuttve Committee
1C a.m., Park Bench Eatery, Spring Para
Wednesday 12- 5-84 Regular Meeting, Board of Directors
7,30 p.m., Tanks Bay Village Hall
4901 Msnitou load (County ad 19)
10-]1-84
LAKE MINNETONKA CONSERVATION DISTRICT
TO: LMCD Municipalities and Other Agencies
FROM: F. Mixa
DATE: October 31, 1984
SUHJ: Satellite Vandalism
We have had reports from the Sheriff's Water Patrol that-vvt•ral
Satellite toilet units have been damaged by vandalism and dumped
into the Lake this past summer.
The county advises us that they have experienced some difficulty
In the past until they anchored the skids to driven posts, which
has eliminated much of the problem.
If you wish details, please contact the county's environmental
engineer, Ed Monteleone, at 935-3381.
c: Ed Monteleone
Sheriff's Water Patrol
Hennepin County Park keserve
Minnehaha Creek Watershed District
To: Jeanne A. Mabustte. Zoninq Administrator
From: Michael P. Gaffron, Assistant Zoninq Administrator
Dates October 24, 1984
w
Subjects MWCC Septic Management Program
I attended the MWCC Septic Management Meeting last night in
Shakopee. The following items are pertinent to Oronos
1. the shorewond disposal site will rlrrse within one year.
Some of our pumpers use this site now.
2. Iwo relatively nearby situ 4,):I1 remain availablP3
a} Minnetonka site at Minnetonka Boulevard about 1
mi 1 i, wakt of 1-494 , and
h) Plymo«th site at County Road 18 and Highway 55.
3. The MWCC representatives stated that while an individual
hauler will have to obtain yearly approval of the city in
which he will be dumping, all sites will be required to
accept loads from within the 7 county metro area, so Orono
is not in danger of being without a nearby dumpsite.
4. No t-ite in Orono (arid in fact no site in the north and
west Lake Minnetonka area) was chosen because the MWCC
alrfc+dy has odor problems at the liftstations in this area
and does not want to worsen the problem with high --strength
se_l,t ,zqe.
S. Pumpers wi 1 1 have to Nay a load charge of S'?. 5V per 1000
gallons. Individual cities with dump sites may charge a
small f E.•e for inspection and maintenance rrf the sites. we
can probably anticipate that the pumper s cost to dump a
�'00�► gallon load from an Orono residence will be $20-25, so
it could he .anticipated that an average individual pumpout
charge may be to the range of $90-100 or more starting in
1985.
V.
VI.
M E T R O P O L I T A N C 0 U N C I L
Suite 300 Metro Square Building, Saint Pau!, Minnesota 55101
METRO HRA ADVISORY COMMITTEE MEETING
November 14, 1W
11:00 a.m. - 1:00 p.m.
Conference Rooms A & B (Third Floor) �f
DC
j
t� NOV
A G E N D A
Approval of Agenda
Approval of Minutes of October 24, 1984
Procedures for Implementing the Preference for Persc,ns Displaced
Proposed Revision to the Housing Guide Chapter
- Housing Legislative Recommendations
Report on Tenant Survey
Adjournment
Phil Cohen, Chair
Bond Plan Review Guidelines and Policy 39
Peterson explained the Local Housing Bond Plan Review Guidelines, saying a 1979
Minnesota Statute requires the Council to prepare the guidelines. Peterson
covered the review period, plan content requirements, review criteria, Council
determination and amendments.
The final segment of the guidelines presentation included the Policy 39
Evaluation Criteria. Peterson reviewed the factors the Council uses to
evaluate the community's housing performance. The communities have input,
review the computations and have an opportunity to respond before the ranking
sheet is prepared. In response to past criticism, tnere was an effort to bring
a greater balance to the point system to shift the weight away from the central
city. A 1984 Community Ranking sheet was distributed and reviewed by the
committee.
Peterson briefly reviewed a portion of the Housing Legislative
Recommendations. This section will be completed at the next Advisory Committee
meeting.
Che Housing Guide will be presented at a public hearing November 29, 1984.
The meeting adjourned at 1:00 p.m.
km042a
METROPOLITAN COUNCIL HOUSING AND REDEVELOPMENT AUTHORITY
Suite 300 Metro Square Building, Saint Paul, Minnesota 55101
Minutes of
HRA ADVISORY COMMITTEE MEETING
October 24, 1984
Members Present: Philip Cohen, Chair; Join Archer, Vice -Chair;
Thomas Duff, Sharon Ga: r, Marilyn Spensley,
Josey Warren, Gertrude Ulrich
Members Ausent: Edmund Bowler, Lyn Burton, Wanda Schumacher,
Staff: Phil Katzung, Marlis Drier, David Wilson, Wayne Nelson,
Laurie Garfield, Jan Hogan, Guy Peterson
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 August 8, 1984 and October 10, 1984.
Housing Guide Chapter Revisions: Nelson started the discussion on the
housing guide chapter revisions. He said he would like to see means of looking
more broadly at ways to provide housing, since so many programs have been cut.
Community Index
Nelson explained the Community Index"s communities and regional goals for the
desired proportion of housing type and costs. Nelson also listed exceptions
and the significance of the index. He said the index provides the Council with
a tool for the review evaluation process.
Nelson said in the interest of clarity, the charts will be broken out according
to county in the future, and also answered questions clarifying terminology in
the narrative.
Element Review Guideline
Peterson presented the Housing Guide chapter on Element Review Guidelines and
Housing Legislative Recommendations. Peterson said the authors were attempting
to streamline and mane concise the material presented in the guide, and that
the guidelines are the same for the central city as the rural area is revision
from previous guidelines). The requirements for the rural communities are much
less stringent. Peterson listed the four main components of the guidlines:
a) data summary and analysis of the existing local housing situation; b
projected numerical housing goals and objectives; c) housing policies, which
for the first time includes "Neighborhood Strategies" - the description of
"neighborhood" being left to each community, and d) housing implementation
program.
300 Metro Square Bldg., St. Paul, MN 55101
General Office Telephone (612) 291.6359
wa0 "Q. NILTFQ R 9rN,,r•N -- O
Anwlv11TRaT00 n1�_'(7)
iREVIEW CITY CF ^��*10 lj. 1 > !Ill
'1CX 66 't 7 1r4
A Metropolitan Council Bulletin for Community Leaders j'J "t
(+ ti/ 1•
For more Information on items In this publication, call the Communications Department at_297.6464.
Oct. 26. 1984
RECENT COUNCIL ACTIONS !Oct. 15.26)
Water Quality—T`le Metropolitan Council approved a re-
quest from the Me, opol:tar Waste Control Commission
(MWCC) for S5 million to improve the chlorination-de-
chlcr.nation facilities at the big Metre ;e�•:2ge ,reatrrent p!cr!
in St. Paul. The facilities disinfect the effluent with chlorine,
then reduce the chlorine to acceptable levels before discharge
into the Mississippi River. Originally scheduled for 1965,
funding was moved to 1984 to comply with federal permit
regulations.
Solid Waste —The Council approved an application from the
Louisville sanitary landfill near Chaska to expand into a ' 3-
acre site to the south of the landfill. the council approval was
under the condition that the applicant install a new
monitoring well and submit a study to the Council on
corrective steps to Cie taken f water pollution occurs.
The Council released !nr public review and comment the
final Environmental Impact Statement IEiS) on a proposed
expansion to the Flying Cloud Sanitary Landfill, Eden Prairie.
Woodlake Sanitary Services, Inc., a subsidiary of Browning
Ferris, Inc., has oroposed to expand the landfill by 5,644
acre feet. The EIS contains comments from a public meeting
held in May To obtain a copy at cost, pub. no 1284.118. or
to submit comments on the draft, call the Communications
Department at 291 -6464.
Housing —The Council approved the addition of 61 cei
tncCates for rent assistance under the federal Section 8 housing
assistance payments program. This increases the Council's
Metropolitan Housing and Redevelopment Authority's !Metro
HRA1 number of households receiving rent assistance to
3,223. The increve of S305,244 brings the annual federal
subsidy to S8.9 million. The Metro HRA's waiting list is more
than 2,800 households.
Parks —The Council Authorized-
- A denlHpment grant amendment with Anoka County
for a syst.mwide maintenance facility in Bunker Hills
Regional Park, for S36,874.
— An acquisition grant amendment with Hennepin County
Park Reserve District to purchase a land parcel 'or Lake
Rebecca Park Reserve. at S32.000
— An acquisition grant amendment with Hennepin County
Park Reserve District to purchase a residential parcel located
in Eagle Lake Regional Park, at S57,100
— A change - the ooundary at Lake Minnewashts Regionai
Park that makes Hwy 41 the east boundary of the park The
Council authorized Carver County to sell Me !and east of Hwv
41. which it acquired with regional funds during the original
Purchase of the park, and return the funds to the Council.
Local Governments —The Council voted to rind its planning
assistance grant program for local governments Dec. 31 1984
The Council plans to notify 'he 59 ocal governments who are
still eligible for part of $116.934 in grants. Funds :eft un
Claimed At the end of the year will tie transferred to the
Council's planning assistance oan fund
Computer Systems —The Council approved a consultant
contract with Albers and Assoc., Inc., for an amount not io
exceed S70,000 to upgrade the computer systems for the
Council's finance department and its Metropolitan Housing
Redevelopment Authority Section 8 program.
PUBLIC HEARINGS. PUBLIC MEETINGS
Sewers —The Metropolitan Council will hold a public
hearing Nov. 15 at 2 p.m. in the Council Chambers to con
seder proposed amendments to Part 1 of its-Werropoliran
Develcpment Guide chapter on water resources management
The changes would: 1) phase out the Savage sewage treat
ment plant: 2) nc!ude the Middle Belt Line sewer interceptor
project in the Metropolitan Waste Control Commission's
development program, and 3) incorporate nto the guide
several system improvement studies already approved in the
commission's 1985 capital mprovement budget.
If you have any ouestions, call Ray Leek, Planning Assist-
ance, at 291.6567, or Barb Senness. Environmental Planning,
at 291.6419
Housing —The Metropolitan Council will hold a public
hearing Nov 29 at 2 p.m. in the Council Chambers on
-evisions to the housing chapter of the Merropo+Iran
0eve,opmenr Guide. Amendments include revision to the
housing policy plan, housing review guidelines, a oroposed
community index and housing legislative recommendations.
To speak at the hearing, contact Lucy Thompson, Planning
Assistance, at 291 6521 If you have any questions on the
revisions, call Guy Peterson, Housing Department, at
291 6527 For a free copy of the picposed revisions, call tte
Communications Cepartment at 291 6464
NEW APPOINTMENTS
A new Metrrpoi,tan Council member. Leon F Cook.
Minneapolis, has been appemsa"bla Gov Rudy Perpich
to replace Alton J. Gasper from, C-punc:l D,str,ct 5. Cook
is president of the Corporation for Indian Development r
Minneapolis. He has been au:gned to the Counca's Manage
ment Committee and to the Metropol:tar and Community
Development Committee.
The Metropolitan Council appointed John Doyle.
Minneapolis. to the Dist E Regional Transit Board seat He is
the assistant director and officer of social policy programs for
Nor;vest Bank ,n M-nr,eapohs
The Council made the fallowi,ag Appointments to its new
Aggregrate Resources Advisory Committee- Grail Rietow
chair, Metropolitan CCUnC.i representative representing
-nausiry are Gary Sauer, Osseo Peter Dunning, St. Paul one
Harvey Beckon, St Paui, reoresen! ng counties are *illiam
Kontarski, Scott County Steve Loading. Uskots County and
Sally Evert, Nast)'Neon County. representing a:tizens are
Raymond Heinonen, Brooklyn Pork and Charles Brady.
Bloom•ngton eprestr,t rig the M,nnesc*ta Depari.-exit o'
Transa7rtat+or s Richard H Sullivan eptrsenl ng aggregrate
producers are John Gratz, Apole Valley and Rick Lewis,
Cottage Grove: representing users are Jan Haugen, Shorewood
and Bill Barnhardt, Minneapolis; and representing the
Minnesota Department of Natural Resources is Kathleen
Wallace. St. Paul.
POSITION PAPERS EXPLAIN COUNCIL'S PROPOSALS
FOR LEGISLATION
The Metropolitan Council has targeted four areas for
action by the 1985 legislature —solid waste management, the
problem of sewage overflow from combined sanitary and
storm sewers, regional parks funding and the Council's
authority over two regional agencies. Position papers ex-
plaining the proposals are available at no charge by calling
291.6464 (solid waste, no. 1284-151; combwed sewer over.
flow, no. 1384.152; regional parks, no. 1184-153; and
Council,'commission relationships, no. 0284.154).
One proposal calls for prohibiting the dumping of un-
processed waste in landfills by 19W, separating recyclables
(:ike glass and newspapers) and yard waste (like leaves) from
other Nasies by 1988, and providing additional funds to
programs that reduce waste and recover useful materials.
Another calls for providing additional state funds to speed
up programs currently under way ,o separate sanitary and
storm sewers in Minneapolis, St. Paul and South St. Paul.
In parks, the Council proposes that the legislature
appropriate state bond funds to continue a program for ac
quiring and developing regional parks. It also asks for supple-
mental state funds to Say for operating and maintaining
regional parks.
The Council also recommends that it be given authority to
appoint the chairs of the Regional Transit Board anti the
Metropolitan Waste Control Commission and report to the
legislature annually on their performance. Related
recommendations would also strengthen the Counc;l's over-
sight of the agencies.
TWO OPENINGS ANNOUNCED
ON ARTS ADVISORY COMMITTEE
The Metropolitan Council is now taking applications
from arts audience members and ar?s administrators
interested in servinr on the Council's Arts Advisory
Committee,
The Council is seeking one candidate to represent
professional arts administrators. The iecond candidate
should be actively interested in the arts and must live
�n Edina, St. Louis Park, Golden Valley or Robbmsdale.
Appointees will volunteer their time and serve a term of
less than a year, but be eligible for reappointment for a
three-year term.
The 25•membe• committee reviews applications for arts
grants, helps the Council develop an arts plan for the Twin
Cities Area and helps organize the Minnesota lam to Preserve
the Arts, an annual arts fund raiser
Applications are out Nov 16, For more information or
aoulicat on forms. ,.ill Sandi Lindstrom at 291 6390
NEW PUBLICATIONS
Physician Care and You Oct. 1984. Brochure says what
you should consider "fore you choose a doctor, such as the
doctor's specialty, hospital affiliation, fees charged, whether
the doctor practices alone or in a group No 18 84-100 no
charge.
Hospital Care and You. Sept. 1984 Brochure 'fists
questions you should ask your doctor before you go to the
hospital. Also explains factors to consider in selecting a
hospital. No 18.84.122; no charge.
Regional Service and finance Study. Phase 2. Oct. 1984.
Contains recommendations the Council adopted earlier this
!Y on providing and financing and regional services. The
y examined the regional systems for transit, airports,
;;wars, parks and solid waste disposal. as well as broader
ssues involving the financing and accountability of the
regional commissions providin6 such services. No 25-84-026,
122 pp., S4.50.
COMING MEETINGS (Nov. 5 . 161
rMeerings are renrarive. To verily, call 29 6464J
Metropolitan Systems Committee, ;Monday, N-- 5, 4 p.m.,
Qanfefence Room E.
-• Aagional Transit Board, Monday, Nov. 5, 410 p.m.,
Council Chambers.
Technical Advisory Committee (transportation),
,Jecinesday, Nov 7, 9 a.m., Council Chambers.
Chair Gardebrig meets with the St. Paul Club, Wednesday,
Nov. 7, noon, Minnesota Club, 317 Washington St , St. Paul.
Expanded Metropolitan Waste Managemant.Advisory
Committee, Wednesday, Nov 7, 1 30 p.m., Conference
Rooms 8 and C
Environmental Resources Committee, Wednesday, Nov 7.
4 p.m., Conference Room E.
Meeting on Combined Sewer Overflow (Chair Gardebrig,
Metropolitan Alaste Control Commission, Council Membersi,
?Jednesday, Nov. 7, 4 p.m., Radisson Plaza, Town Square.
Chair's Advisory Committee, Wednesday. Nov. 7, 7 30
m., Council Chambers.
Char Gardebrmg meets with major regional corporations,
Thursday. Nov. 8, 7 30 a.m.. AMFAC Hotel, 30 S. 7th St.,
Minneapolis.
Metropolitan Community and Development Committee,
Thursday, Nov. 8. 1 .30 p m., Council Chambers,
Metropolitan Council, Thursday, Nov. 8, 4 p.m., Council
Chambers.
Air Duality Comm ttee Tuesday, Nov. 13. 10 a.m.,
Conferenct Room B
Metropolitan Waste Management Committee, Tuesday,
Nov 13. 2 p m., Council Chambers
Metropolitan Parks and Open Space Commission, Tuesday.
Nov 13, 4 p.m , Conference Room E
Chair Gardebrig meets with small business organizations.
Necinesrtay, Nov. 14, 1 30 a.m., St. Pauf Hotel, 350 Market
St
Environmental Hesourcm Committee, Nednesdav, Nov 14,
4 o m , Conference Room A.
Metropolitan Health Planning Board, Wednesday, Nov. 14.
4 n m , Conference Room E
Transportation Advisory Board, Nedneiiday, Nov. 14,
2 p m. Council Chambers.
Metro Subcabinet of the Governor s cabinet, Wednesday
Nov 14, 2 30 o m . Conference Room D
Long -Term Care Task Ford, Thursday, Nov 15, 3 a m
Council Chambers
Management Committee, Thursday Nov 15, 3 p m
Council Chambers
Metropolitan Council Committee of the Whole
'Development Framework), Thursday Nov 15, 4 p m .
ouncil Chambers
Aging Advisory Comm,"", F• day Nov 'S. 9 a n
C.7unpl Chair i9
MINUTES OF THE QUARTERLY FLEETING
OF THE SUBURBAN RATE AUTHORITY
October 17, 1984
�f
i
± NOV 7 R
Pursuant to due call and notice thereof, the quarterly
meeting of the Suburban Rate Authority was held at the Ambassador
Motor Hotel in the City of St. Louis Park, Minnesota, on Wednes-
day, October 17, 1984, commencing at 6:30 p.m.
1. Call to Order: The meeting was called to order by the
Vice Chairman, Graydon R. Boeck.
2. Roll Call: Upon roll call, attendance was found to be
as fol.iows:
Brooklyn Park
Burnsville
Champlin
Columbia Heights
Deephaven
Edina
Excelsior
Fridley
Hopkins
Lauderdale
Maplewood
Mi nnetorka
New Brighton
North St. Paul
Orono
Richfield
Roseville
Shoreview
Graydon R. Boeck
James K. Spore
Randy Johnson
Bruce Nawrocki
Arden Hovland
William D. Schoell
J. N. Dalen
Charles Thomson
John Flora
John J. Stro3ar.
Raymond Shogren
John C. Greavu
Robert DeGhetto
Donald Asmus
Henry Sinda
Glenn Anderson
John Gerhardson
Martin Kirsch
Charles Hor.chell
David P. McGraw
Also in attendance were SRA attorn?ys Glenn Purdue and James
Strommen.
3. Approval of Minutes: The minutes of the meeting of
July 18, 1984-1were presented for approval as mailed. It was
moved by Mr. Greavu, seconded by Mr. Schoell, that the minutes be
approved. Carries? unanimously.
4. Secretarv-Treasurer's Report: Mr. Dalen gave the
Treasurer's report, a copy is attached to the minutes. Mr. Dalen
stated the checking account balance is 57,576.63 and that the
face value of SRA investments is c,30,000.00. Mr. Dalen also
reported that there is a $4,785.30 shortfall on member assess-
ments for 1984. By consensus, counsel was directed to send
reminders to those members who have innt Yet paid their dues.
5. Claims: The following claims were presented by Mr.
Dalen-
A. George M. Hanson Company, P.A., for audit
report: $ 525.00
B. LeFevere, Lefler, Kennedy, O'Brien & Drawz.for
legal services through September 30, 1984:
General:
Legal Fees: S 3,025.00
Disbursements: S 721.79
MWC(- Administration Review:
Legal i'ces : $ 105.00
Franchise:
Legal Fees: $ 315.00
Disbursements: $ 25.00
19P3 Northwestern Pell Rate Filinq:
Legal Fees: S 2,300.00
Disbursements: S 222.00
CSO Wnribined Sewer Overflow):
Legal Fees: $ 52.50
It was moved by Mr. Greavu and seccnded by Mr. Spore th:-it the
claims be paid. Carried unanimously.
6. Cctnmunications: Mr. Purdue reported that Moundsvi�,w
and Mendota Heights have withdrawn from the SPA. fie stated that
no specific reasons were given in the letters other than general
budgetar,, considerations. Letters from each city werF_ circula`-
ed. Mr. Purdue emphasized the importance of contacting potent al
SRA members regardinq the work of SRA. He believes that SRA
members have benefitted far bevond the valuQ of the dues and that
this fact should be made known to existina and potential members.
Mr. Boeck suodested that a membership '_ettor be sent and Mr.
Purdue stinted that a letter has been drafted and could be sent
upon final approval of the SRA Chairman. Ac!ina Chairman Boeck
expressed the hope that such letters could to sent in the near
future. There was general agreement that this be done.
Old Business:
A. Northwestern Bell Pate Proceedina. Mr. Strommer
reported on t.h status of t e recent y con cluc?ed 19R3
I
North Pell rate filing. A copy of th( memorandum is
attac Mr. Strommen stated that the PUC ha! orderer? a 50%
reduct'. , n the Tier ratios for flat rate esidential and
business lephone service in the metropolitan area. He noted
that the (:x,ict dollar benefit of the change could not be cal-
culated with certain— ')ecause Bell does not keep the necessary
data. Based on avai. a figures Mr. Strommen estimated that
the annual savings to •inr II througn IV customers approaches $?
million. Arnold Albrecht of Bell has concurred with this esti-
mate.
Mr. Schoell and Mr. Nawrocki suggested that the specific
dollar savings per municipality be calculated. Mr. Strommen
pointed out the difficulty in obtaining accurate figures but
acknowledged the desirability of such a breakdown and stated an
effort would be made to determine approximate figures.
Mr. Purdue related that he had been contacted regarding
paLticipation in PUC hearinas on the reorganization of Bell into
non -regulated subsidiaries in addition to its telephone company.
tie stated that the primary issue would be cost allocation between
the regulated and urreguluted businesses. Mr. Purdue advised
that even monitoring such proceedings at the PUC would be very
costly to the SPA and that SPA would not he uniquely affected.
fie recommended against involvement in this issue.
B. MWCC Administrative Review. James K. Spore, Burnsville
City Manager and Burnsvi le Director on the SPA Board reported on
the status of his work with the Independent Management Study Task
Force. A concultan-t from Touche-Ross has been retained to
perform a mar,!,cement study due by December 31, 1984. fie indicat-
ed that the Executive Committee of the SPA will meet with the
consultant on October 18th. Mr. Spore emphasized the importance
of the Board expressing its concerns to the consultant. Several
areas of concern were raised as matters to be related to the
consultant, including MWCC fringe benefits, pay structure,
contracts with labor, subcontracting policies, job classification
of workers, budgeting and accountability to the public.
C. Combir:ed Sewer Overflow. Mr. Purdue reported on the
status of permitting for Minneapolis, St. Pau'_ and South St. Paul
to discharge untreated sewage into the Mississippi from combined
sewer Overflow. He distributed a "white paper" issued October
17th I—. the Metropolitan Council. A copy is attached. The paper
proposes a state construction fund of approximately S50 million,
annually for a period of five years. corty percent of the money
would go to the metropolitan area and the remaining 60e wcu _1 qo
to outstate cities for sewage treatment projects. The th:•tc�
cities with CSO permits would receive 50% of the fun.dinq of
remedial construction from the state fund. The paper states thr*
EPA may forbid additional sewer hook-ups throughout thy• MWCC
s stpm if a program for completion of construction y a out_Ty
s nut a0 opted by state government. Mr. Purdue stated his view
that this sanction is aimed primarily at the othor cities in the
3
metro area, and he stated that he believes they art- the only
governmental units which may oppose a state -funded grant to the
three cities. The position paper also suggests as an alternative
tti-t EPA may mandate the method of abating CSO, and the position
F �r states that a method mandated by EPA might not be the
rr -'.iod most ac,:eptable to the metropolitan area.
A general discussion of the issue followed. Mr. Thomso!!
suggested that eliminating storm water inflow would result in
increased plant capacity for sewage treatment and thus the eAcess
cost could bo considered a SAC charge. There was a consensus
that it would be inequitable to stop additional hook-ups in
cities which have separated sewers. There was also a consensus
that those cities which have separated sewers should not now pay
the cost of the separation in other communities. Mr. Spore
suggested that accelerated construction could be financed by the
state through a loan program, rather than through a grant pro-
gram. Following more discussion, it was moved by Spore, seconded
by 13oeck, that counsel be directed to inform the Met Council,
other appropriate agencies, and executive and legislative branch
leaders that SPA favors a state -funded loan program to accelerate
construction. The motion carried unanimously. Upon suggestion
by Mr. McGraw and by consensus, counsel was also directed to
prepare a summar, and resolution for review by member city
councils.
D. Uniform Electric Franchise. Mr. Purdue reported on
communicatiors with NSP concerning electric franchise with NSP.
He presented a list of about 20 SPA members which do not have a
current NSP franchise or whose franchise will expire in the next
two or three years. He stated that matters such as pole permits,
tree trimming procedures, abatement of conditions and permissive
franchise fees were legitimate subjects to be addressed in a
uniform franchise. Vice -Chairman Boeck endorsed the concept of a
uniform electric franchise and Mr. Dalen moved that the SRA
reappoint the committee used on the Minnegasco franchise and that
the committee attempt to negotiate a new uniform electric- fran-
chise. Mr. Firsch seconder] the motion. The motion carried
unanimously.
8. New Business: Mr. Purdue reported that he has been in
commurication� with Vern Jacobson of the North Central Chapter of
the American Water works Association (AWWA) regarding possible
SRA participation in NSP's general rate filing expected in early
19P,5. The AWWA intends to challenne NSP's anticipated attempt to
eliminate the Municipal Pumping Class from its rate design. NSP
advocates incorporation of its municipal customers into the
General Cnmmercial-Industrial Class. The difference in the two
clasrrls lies in the demand ratchet. Municipal customer's pav a
demand charge for one month after a peak occurs. Commercial-
Lndustrial customers pay the demand charge for 11 months after
the peak demand occurs. The AWTWA group, which includes
.III nneapoIis and St. Paul, has proposoc9 that the AWWA pay
4
consulting fees incurred in intervention, estimated at $35,000,
and that SRA pay legal costs, estimated at S15,000 to $25,000.
Mr. Purdue pointed out that the change in 'the demand ratchet
would not affect all municipalities eaually. Those with more
uniform demands would not be as adverselv affected by Commer-
cial -Industrial class rates. During the discussion it was
suggested that each SRA member determine its interest in the
issue. The consensus was, however, that the SRA should partici-
pate with the AWWA and oppose the elimination of the Municipal
Pumping Class. Mr. Purdue stated he had discussed the matter
with Chairman McorP and that he and Chairman Moore recommended
SRA participate; and that it limit its contribution to $7,500.
Mr. McGraw moved that SRA participate and that. the Board author-
ize a contribution of $7,500 to the AWWA on the understanding
that it will coordinate the case. Mr. Thomson seconded the
motion. The motion carried with Mr. Shoaren of Lauderdale
abstaining.
9. Adjournment: There h-inq no furthor business to come
befcire the meeting, Mr. Flora moved the meeting be ad ourned.
Mr. Dalen seconded the motion.. The motion carried unanimously.
Secretary
Attest.:
hairman
Attachments:
Treafurer's Report
Bell Case Memorandum
List of n-n-current assessments
Met cc;uncil prsition paper on funding CSO abatement
5
SUBURBAN RATE AIJIMRITY
ANALYSIS OF CHANGE IN CASH BA1MCE
SAI Kr Louis PARK, 'nm ESOTA
For Nine months Ended September 30, 1984
Balance at Jantkiry 1, 1984
11,278.52
Additions:
Interest inccxiie
6,199.39
Special Assessements:
City of Roseville
$ 1,963.20
City of Circle Fines
245.40
City of Victoria
:"+5.40
City of Lauderdale
145.40
City of Shakopee
490.80
City of Richfield
1,963.20
City of North St. Paul
736.20
City of Robbinsdale
736.20
City of Edina
2,454.00
City of Plywith
1,117.80
City of Burnsville
1,963.20
City of Hastings
736.20
City of Shorewood
245.40
City of Orono
490.80
City of Brooklyn Center
853.90
City of Chanplin
490.80
City of Moundsview
736.20
City of Spring Park
245.40
City of Bloomington
4,171.80
City of Columbia Heights
1,227.00
City of Ueephaven
245.40
City of Eden Prairie
980.80
City of Excelsior
245.40
City of Fridley
1,717.80
City of Greenwood
245.40
City of Croix Beach
245.40
City of Maple Plain
245.40
City of Maplewood
736.20
City of 'tirmetonka
1,%3.20
City of MUnnitrista
245.40
City of New Brighton
1,227.00
City of Wayzata
243.40
City of Shoreview
490.80
30,7% .90
Sale of invest nts
56,335.50 93,331.79
Dedwtiaos:
Accounts payable
J. W. Wilson 6 Associates,
Inc. 1.669.19
LeFevere, Lefler, Kennedy,
O'BIIVn 3,964.16 (A)
5,633.35
6 Drawz
Investrients purchased
42,822.30
J. W. Wilson & Associates,
Inc.
13,389.21
IeFevere j.efler, Kowwdv,
O'Brien
35,188.82(A) 97,033.68
6 Drawz
Balwoze
at Septertwr 3^, 11+8
$7,576.63
Page 2. ANALYSIS OF (]"%E IN G%SN BA1,ANCE
NoLo A:
The breakdown of legal cost as follows:
General $ 9,156.93
Metropolitan Waste Co,,t,-c i, 4 32. 00
Northwestern Bell Telephone 26,459.05
Northern States Power Co. 105.00
$39,152.98
INVESTM 11-ITS
1tdLec; States Treasury Bills Discoant Due 1-24-85
United States Treasury Bills Discount Due 2- 7-85
FACE VALLE
$14,243.67
14,243.13
261_486.80
30,000.00
MEMORANDUM
TO: SRA Board of. Director -
FROM: LeFevere, Lefler, Kennedy, O'Brien & Drawz
DATE: October 17, 1984
RE: Summary - 1983 Northwestern Bell Rate Case
RATE OF RETURN
On September 29, 1983, Northwestern Bell filed a Petition for a
general rate increase with the PUC. Bell's final requested
increase in annual revenue was $107.6 million, on a 16.9% return
on common equity and a capital structure of 57.80h equity and
42.2% debt. By its Order of July 27, 1984, the PUC granted Bell
a $57.5 million increase. It allowed Bell a 14.5% return on
common equity with a capital structure of 56.150 equity and
43.85% debt. The overall rate of return is 11.71%. In a Sup-
plementary Order dated September 26, 1984, the PUC reduced Bell's
authorized revenue increase by $363,000. This was the result of
a corporate reorganization undertaken by Bell di_iring the course
of this rate case that was not reflected in the record ev:;dence.
RATE DESIGN
As reported in the July 18, 1984 Board meeting, the metropolitan
Tier ratios were cut in half. The net effect to metropolitan
residential and business customers is nearly a $2 million shift
in the annual revenue burden from the outer Tiers to Tier I. The
PUC also stated in its Order that further Tier System rate
adjustments may be forthcoming.
The PUC rejected Bell's proposal that anproximate17 77% of the
total revenue increase be borne by residential customers. Bell
had argued that business rates should be based on cost of ser-
vice, not residual pricing, that existing rates were alreadv too
high to compete with non -regulated communicaticns firms, and that
accordingly, business rates should be lowered while residential
rates are raised. The PUC fount: that Bell had not adequately
supported this position and it ordered a 3 to 1 ratio between
business and residential rates, down slightly from the existinq
3.3 to 1 ratio. The PUC also rejected Bell's proposal to eli-
minate multi -parties: anc+ metered • rvices in favor of local
measured service as the only alt tive to flat rate service.
A
- AL) i'�I ✓ 7
J
,
R.i.r, �.:Ji
Metropolitan Council
300 Metro Square Bldg., St. Paul, Minnesota 55101 a
POSITION PAPER ON LEGISLATION
FUNDING AN ACCELERATED STORMWATER AND SANITARY SEWER SEPARATION PROGRAM
in the Twin Cities Metropolitan Area
PROPOSED LEGISLATION
The Council and the Minnesota Pollution Control Agency will ask the 1985
session of the Minnesota State Legislature to establish a state construction
rants program to provide financing for accelerating the separation of sewers
in Minneapolis, St. Paul and South St. Paul that convey both stormwater and
sewage.
The program would provide funding to meet state and federal permit compliance
schedules for sewer separation in the metropolitan area and also funding for
outstate communities to meet federal Clean Water Act requirements. An annual
appropriation in the $40 to $50 million range will be requested. Of this
amount, 2/5th3, or from $16 to $20 million, would be available to the Twin
Cities Area for sewer separation, with 3/5th3 allocated to the rest of the
state to meet mandated federal water quality deadlines. The metropolitan area
portion, plus a Share of the state's federal construction giant allotment
dedicated to sewer separation, would be matched dollar -per -dollar by the three
cities with local funds over a five-year period. Total estimated cost for the
sewer separation program, not counting regional facilities, is $214 million.
WHY IS THE SEPARATION PROGRAM NEEDED NOW?
When it rains very hard. millions of gallons of rainwater, combined with
untreated sewage and ogler wastes, Dour out of V bypass pipes directly into
the M1_231331ppi River. Normally, the pipes convey the wastewater to the
Metropolitan Waste Control Commission's Metropolitan Wastewater Treatment Plant
in St. Paul for treatment. However, the interceptor sewers leading to the plan.;,
and the already huge plant are not large enough to handle heavy rain flow, so
automatic bypass gates in the sewer system are opened to divert the wastewater
into the river. During a yens with average rainfall and snowmelt, an estimated
4.o billion gallons of mixed sewage and 3tormwater pour into the river. It
occurs, on the average, every three days during warm weather. Heavy rainy also
cause local street flooding and sewer back ups in homes in some areas served by
combined sewers.
The federal C'_ean Water Act prohibits the discharge of untreated sewage
into any of the nation's waters. Rather, all sewage must receive treatment so
advanced that 90 percent of the pollutants are removed prior to discharge into
a water body. The combined sewer overflow discharges require a state permit
ac-,eptable to the federal government that acknowledges the violation but
includes a :mandatory plan and program to end the discharge. The discharges can
be eliminated by completing a storm and sanitary sewer separation program
initiates] by the cities many years ago, or by collecting, storing and treating
all the combined stormwater and sewage.
The Metropolitan Wastewater- Treatment Plant currently treats 73 billion gallons
of wautewater annually. It now meets state and federal standards. This was no'.
always the case. It took ten years, and $400 million of state, federal and
regional funds, to upgrade the plant to the point where its treated discharges
have only a minimal impact on the Mississippi River. Priority was given to the
plant during the last decade because its discharge was 16 times'greater than
w the total discharge from the 87 combined sewer overflow pipes on the
Mississippi River.
With . Metro Plant up to Ltandards, the next key step in cleaning up the
Mississippi River is to figure out the best way to keep raw sewage from
entering the river. The benefi's from conveying all stormwater in the combined
pipes to the Metro Plant for treatment would be very minimal. New filtering
equipment at the plant could cost in the neighborhood of $150 million. In
ada.tion, much larger sewer pipes leading to the plant would need to be built.
The raw sewage, on the other hand, is not only unsightly, but contains large
amounts of disease -carrying bacteria, such as fecal coliforms and viruses.
Scparating the pipes that carry both sewage and storm water will remove these
troublemakers from the Mississippi River.
Minneapolis, St. Paul and South St. Paul began to separate their sewers long
before the major upgrading of the Metro Plant began. Their pipes are very old,
and were built by the cities at a time when the prevailing way to "treat"
wastewater was merely to dump it into rivers and lakes. Minneapolis has
separated all but 13 percent and St. f..il 40 percent. As of 1982, Minneapolis
had spent $85 million, and St. Paul $68 million, on separation. South St. Paul
has separated 65 percent of its pipes at a $3 million cost to the city. At
current 2pending rates, it would take 25 years for the three cities to
complete the separation. A five-year completion schedule financed solely by the
three; cities could bankrupt them.
The Twin Cities and state have made ambitious, expensive and salutory efforts
to maintain the quality of Minnesota's waters. Combined sewer overflows are an
anachroro-sm in the face of this tradition.
Without state and federal financial assistance to meet mandated compliance
scnecules, the Twin Cities Area could be subjec_ to enforcement action by the
Minnesota Pollution Control Agency or the U.S. Environmental Protect"on Agency.
The enforcement agencies could levy tines anc mandate solutons that would
remove choices and options the metropolitan area might wish to pursue to
solve the problem.
The agencies could impose a ban on hookups to the central sewer system until
tr.e orcb`_e^t -s rect.f.ed. The effact of :such an action could be to halt
con3trUction of buildings of all types --new homes, new industry or new
cot:jnerc.,il developments affe,_cing bo cities and townships and about 80 percent
of the Twin Cities Area's population. The action woul" hit the Twin Cities
suburbs particularly hard. It would bring downtown and neighborhood commercial
and residential development to a halt.
A court could impose a aoluticn. Thin situation could occur after the permit is
i:rauad and it' toe three cities, the Metropolitan Waste Control Commission or
the Metropolitan Council du not meet the permit schedules for ending the raw
sewage di!jeharge into the Mississippi River. Recently, the Milwaukee, Wisconsin
area was taken to _a�irt over the quality of the area's discharges into Lake
Michigan. Under a court-imvaned plan. Milwal-v« mw%t spend a huge amount of
sonay, $1.6 billion, to expand its wastewater storage and trtament facilities.
Thu atdte of Wisconsin went to court recently asking for court review of the
L_
permits issued by the Minnesota Pollution Control Agency which govern
resolution of the Twin Cities combined sewer overflow problem.
WHO WILL BENEFIT FROM THE SEPARATION PROGRAM?
Separating the combined sewer pipes to end the practice of dumping raw
sewage in the Mississippi River will help ameliorate a public health threat
Posed by the fecal coliform and viruses that now enter the river via overflow
Outlets. What groups of people will benefit? Everyone along and downstream of
the current out£alls: river users of all types, the three directly affected
cities, the public and states downstream from the Twin Cities. Minnesota as a
whole will. benefit. Its greatest river will be cleaner and more esthetic.
Solving the combined sewer overflow problem removes a threat of state or
federa. sanctions or court -dictated answers that might be doubly expensive or
impact the natural suburban growth and development of the Twin Cities Area.
STEPS THAT !TEED TO BE TAKEN
Combined sewer overflow in the Metropolitan Area and inadequate wastewater
treatment are two important water, quality problems remaining in the state.
There has not been enough federal and state funding to solve those problems on
an accelerated timetable.
1. The 1985 legislature needs to fund adequately the independent state
construction grants program that was established by the 1984 legislature. The
program must include combined sewer overflow projects as grant -eligible.
2. The Congress needs to pass a new Clean Water Act that provides an
appropriate federal share of the cost of further water quality improvements.
These actions will, in turn, provide the neceszary financing so the sewer
separation program can be carried out rapidly and outstate communities can get
on with improving their water quality.
3. Minneapolis, St. Paul, and South St. Paul need to complete their
planning for sewer separations, which is currently under way.
4. The Metropolitan Council needs to amend its Water Resources Management
Development Guide to include the separation projects. The changes are scheduled
for ear_'y 1985. The Council also needs to give an earlier -than -planned go ahead
to three regional sewer interceptor projects that planned as part of the
sewer separation solution. Estimated cost of the r�dional interceptors is about
$20 million.
draft Oct 12
KR222A POEDTI
SUBURBAN RATE AUTHORITY
STATUS OF ASSESS,IDWS RECIEVABLE
SAINT LOUIS PARK,
r!IMT-SOTA
As of October
15, 1984
CITY
VOTES
ASSESS"1E*tI'S
PAID
BAIANC E
DUE
Blom -ngton
Brooklyn Center
17
$ 4,171. 80 $
4,171.80
-0-
Brooklyn Park
7
9
1,717.80
2,208.60
858:90
2,208.60
$ 858.90
-0-
Burnsville
aumplin
8
1,963.20
�490.80
1,963.20
�490.80
-0-
Circle Pines
2
1
-0-
Columbia Heights
5
245.40
1,227.00
245.40
1,227.00
-0-
-0-
Deephaven
Eden Prairie
1
245.40
245.40
-0-
Edina
4
10
980.80
980.80
-0-
Excelsior
1
2,454.00
2,454.00
-0-
Fridley
7
245.40
245.40
-0-
GYeenwood
1
1,717.80
1,717.80
-0-
Hastings
3
245.40
245.40
-0-
Hopkins
4
736.20
736.20
-0-
Lake St. Croix Beach
1
981.60
245.40
245.40
981.60
-0-
Lakeland
Lauderdale
1
245.40
245.40
Loretta
1
1
245.40
245.40
-0-
aple Plain
1
245.40
245.40
Maplewood
6
245.40
245.40
-0-
Mendota Heights
2
1,472.40
736.20
736.20
r in netcnika
8
490.80
490.80
-0-
"%::etrista
1
1,963.20
1,963.20
-0-
T,ound
2
245.40
245.40
-0-
rb nd View
3
490.80
490.80
Nek Brighton
5
736.20
736.20
-0-
North St Paul
3
1,227.00
�736.20
1,227.00
�736.20
-0-
Osseo
1
-0-
Plvwuth
7
245.40
245.40
-0-
Richfield
8
1,717.80
1,717.80
-0-
Robbinsdale
3
1,963.20
1,963.20
-0-
Roseville
8
736.20
736.20
-0-
Snakopee
2
1,963.20
1,963.10
-0-
Shoreview
4
490.80
490.80
-0-
,,..._-Twood
981.60
490.80
490.80
Spring Park
i
1
245.40
245.40
-0-
St.Louis Park
9
?45.40
2,208.60
245.40
2,208.60
-0-
-0-
Vadnais Heights
Victoria
2
490.80
4949 0.80
l
1
245.40
245.40
Wba
l+k�od 1
1 and
l
245.40
245.40
-0-
��O
2
245.40
245.40
490.80
490.80
-0-
$40,735.60 $35.950.30 $4,785.30
11KDErENVERT SCHOOL DISTRICT 1217
YEiiOOIKA PUBLIC SCItWLS
56G0 Lywwood boulevard
Mound. Minnesota 55364
REGULAR SCHOOL BOARD MEETING,
October 9. 1964
(Minutes to be approved November 12. ii:!!
PITINDAfKEI
The regular meeting of the School Board was railed tc order
LOCATIOR
at 8 05 p in in the Lecture Hall of the Westonka Coamaunity Center
by William 6obiirsch. Chairman.
in attendance were- Goblirsch, Hallowell, Chelberg, Haefele,
Pitsch and Tuttle. Ritchie had an excused absence Other persons
attending were Erwin Stevenson - Superintendent, principals.
supervisors, teacher union rep, Main-huroman CPA reps, teachers.
non -certified staff, Distrirt P.R. Coordinator, students and
parents to be recognired in the meeting and connunity members. '
OrEN
Chairman GoblirSch thanked the audience for coming and asked
DISCUSSIOR
if anyone wished to address the board. MWHS music teacher, Hotvet
announced that the Pop Singers would be featured on P M. Maga,ine,
uCCO televissor, on October 11 at S'00 p.m. lie is very pr+ud
of them and thinks thtS will give our district a very positiie
lift. Goblirsch congratulated them.
Goblirsch wived agenda item Ila to follow Item 14. M :^, two
persons from Main-Hurdman were in attendance.
Goblirsch announced that due to Mr. Ritchie's absence, he he,.
requested that agenda Item Ila lie removed from the age.:'- •nd
that it will be addressed another tier_.
Chelberg presented a new agenda item Ila to be out in its f lace.
She handed out a copy to ti,e board regarding advanced placement
courses of college level work for a limited number of MWHS
students.
M,hu!ES
C,eiberq awed and Tuttle seconded the motion to approve
APVROVID
the a.)nutes of the September 10. 1984 regular board meeting.
With no discussion, ail memoers present voted in favor or this
motio,
ILME The Pciicy Committee noted that one agenda Item of this
ft evening was related to the Policy ManaNl which was worked on
by the committee.
The Personnel Committee noted the contract agreement for
Recreational Actly+ties Coordinator was being Presented at this
time She also noted that the final two negotiations contracts
will hipefuily be presented at the next hoard meeting.
0
Simi,
fir
Tuttle reported on the "A Legislative Meeting held at
Robbinsdale. She was very impressed with the professional way
it was operated, however. she noted that our district has much
finer facilities for board meetings than they did. She noted
a tanner they had behind the table as well as life-size photos
of students on the walls that were very impressive. They had
a smaller room yet they used microphones. She said the main
topics included 'Comparable Worth'. 'Retaining our Management
Rights' and John Burger spoke about trying to avoid teacher
strikes. Also Burger noted the main upcoming legislative issues
which will be TAX REFORM with Education being second. Burger
warred individual school districts not to lobby on their own
but go through our state associations. He said this will be
a very active year for the legislature.
Hallowell reported that she had attended the AMSD and ECSU worksi-op
by Madeline Hunter and said they were very worthwhile.
Pitsch reported that he had attended the Region 6AA meeting.
The association has made so much money from hockey that they
are not charging any membership dues.
liaefele reported for the CURRICULUM COMMITTEE and iiscussed the
PER committee, saying parents of students not attending public
schools should be involved. He reported that the Curriculum
Committee would be meeting on Thursday of this week.
TREASURER'S
Chelberq moved and Tuttle seconded the motion to approve
14 PORI
the current financial documents and Treasurer s Report* as noted
in agenda item 13. Pttsch noted a correction for check 139773
which should be $2612.52 for Adler Soorting Goods. Pitsch also
noted that an air compressor at the high school blew, So this
is what the check to Owens Service was for. Tuttle asked about
the large athletic purchases for Sporting goods and Pitsch
explained that all purchases are within the budget anu the yearly
purchases are usually made in the fall and kept in the district
supply. Tuttle asked about other checks and what they were for.
After final discussion, a roll call vote was taken with all members
present voting 'Aye'.
19AS MERIT
Mr. Thostenson welcomed the two National Merit Scholarship
SCHOLARSIIiP
qualifiers along with their parents. lie commended the students
COMPETITION
Peter Volley and Tindall Sellnow for their high achievements.
Chairman Goblirsch presented certificates and the board
congratulated them.
1983-84
Clerk Chelberg moved and Pitsch seconded the motion to
AUDI1 REPORT
approve the 1983-84 Audit Report. it was duly noted that this
agenda item f10 is Inserted after item /a. Accounting Supervisor,
Sandra Schmidt, introduced Jerry Pohl and Andy Hansen. CPA's
from Main-Hurdman who conducted the audit report this year for
our school district. Pitsch recoimnended that anyone with questions
ask tnr auditors. Tuttle asked the auditors about the conarentS
relating to Food Services. The auditors said that soar of the
comments are some of the some problems as before, but the Asst.
Superintendent believes that we have done all that we can do.
z
Gobltrsch complimented the accounting department on the fine
lob done pn the audit report Pitsch noted that a balance Sheet
item last year was for severance for IN5,000 and this year tnere
is nothing an that line There are no tax anticipation notes
either.
on roll call vote, all members present voted in favor of this
nation
CAW Foirth grade teacher, Galen Miller, presented slides of past
ISAK LLA TRIP Camp Isalieils trips that the Hilltop fourth graders have taken
to the past six years. Teachers Bonnie Campbell and Jim Annis
were also present. The board and audience en:oyed the meaningful
slid-s and presentation about our teachers, parents and students
itarning and having fun together.
PIR`.(PW I Chelberg moved and Pltsch Seconded the notion to approve
IRDNSKI IONS Personnel Transactions as staled in agenda item 16. There was
some discussion about the leave request being for three "riths
towards the end of the school year. it was noted that she did
make sr•angements to have her position covered before she made
the request and that it would not cc.t the district any extra
money. Chelberg thought that this request should be granted.
Or• rpll a it vote, all members present voted in faiVr of approving
this agenda item
After further discussion a roll call vote was called with Haefele
vnting NO and the other members present voting in favor of this
notion.
AGREIMENiS Cheloerq moved and Tuttle seconded the motion to approve
a CONTRACTS the renter agreement with Day Care Fair. After minor discussion
a roll call vote was called with all members present voting in
favor of the motion.
POLICY PMUIIE Chelberg moved and Pitsch seconded the notion to approve
AUXTION the recommended format change to the school district Policy Manual.
Gobltrsch said that the manual is now a lot more understandable
and he commended Mr. Humerickhouse on the work that he did on
this project. He stated that this completes Humerickhou.e's
responsibility on this project. On roll call vote all mem )ers
present voted in favor of this motion.
CURRICULUM A discussion item was presented about the MUHS 1985-06
CHANGES- Proposed Course of Study Changes for the curriculum by Dr.
WIS 198S-B6 Stevenson. rilsch said that this report was very well done.
the board agreed to defer lengthv discussion on this item u..tll
the October Study Session, There was brief discussion on this
item and one item was Chelberg's request of Thostenson to receive
an update on the Metali a class that was instated last year.
Ig94 R! Chelberg moved and luttle seconted the motion to approve MMIIi ACTIVITY
fix CONTRACT the 1"4-87 EOE Contract as presented by the Negotiations PERIOD
Commit I. tee. The committee was pleased w,th the final contract
agrreawnt that has been reached. Cheloerg noted that there was
going to be an additional ATIENDANCE INCENTIVE clause added on
Cc, this contract witch was instigated by the committee and
administration with no further discussion, a roll call vote
was taken with Haefele voting NO, and all other members present
voting in favor of the motion.
mfUl's roblirsch ailed a short recess.
EWI a ,,*blirsch asked the audience if sn;vre wished to address the
ul;tUiSiON bs,ord at this Limey Follett asked questions about the budget
redwctisn process Ming there were no reductions In staff last
year lbw were the sr pu%It,ons being used? Stevenson and
Thostenson explained that there are lower number of ttunents
In Nine 91 the English Comp and Advanced Conp classes which is
very positive and Hyyttnrn said they added another second grade
class ailicAl was very necessary
Mr. fide, teacher uslom rep, asked to cr.xwwnt on agenda item
01), the Nigh School Activity ie.rud Ile rRo,essed great concern
over tam, board reaction to thIS item. GublirSCh thanied him
for his presentation
1111414 Lfly Chelberg moved and Pitsch seconded the motion to apPr yr
AUI,AHtilAi101 the INA Levy Awtherilation as presented in ageela live 18
Pitsch explained why and what we are doing in this item lie
stated that we w111 be looking at a deficit year In 1906 if we
make no changes now. Declining enrollment means less state
furidtng. Ise recommended that the hoard levy I" aaamiaaue.
Chelberg moved and Pitsch seconded the motion to approve the
Activity Period rationale at the high school as stated in agenda
Item 013 Gobltrsch asked to ameno the resolution to delete
item 01. in the resolution and Tuttle seconded the motion
Discussion on the amendment followed. Chelberg noted that by
deleting 11 the Activity Period will not be ditconttnued.
Thostenson explained the timeline as being an intense evaluation
for two weeks after the two month trial period which ends November
1s Tne committee should be done with its evaluation one week
past the Nov. 1S deadline. The committee recommendation would
be brought to the board at the December School Board Meeting.
A roll call vote was taken on the proposed amendment[ Pitsch
NO, Chelberg - NO. liaefele - NO with the other three members
voting In favor of this amended resolution The amendment rails.
There was further discussion about the phone calls the board
has received on this Issue and that It is the board's duty to
respond and investigate these questions. Haefele said that if
the high school felt that this was in order to implement this
activity period, he would stand behind it, however, he wcu:d
have appreciated receiving information prior to implemeritlrg
it. The board agreed that we should try to make this a positive
thing and give it a fair shot. Right now we should take the
stand that the board Is only taking a close :ook at this.
Haefele moved to table this motion and Tuttle seconded it The
following roll call vole was taken ritsch - NO, Gobltrsch -
N0, Chelberg - NO with the other three members voting AYE The
motion to table falls.
After further discussion, a roll call rote was taken on the m,.lit
motion- Tuttle - ABSTAIN, Hallowell - ND, Haefele - ND, with
the other three members voting AYE. the slain motion carries.
CM IEGE Chelberq moved and Hapfele seconded the motion on the new
COURSES FOR aoenda item 014 suo,,:tr.ed by Chelberg. After minor discussion,
AUVANCEO Chelberg amended resolution and Haefele seconded by adding
STUO01S 'Regular School Board Mutiny' after November, 1984. in the fourth
paragraph, second sentence. the resolution directs the
Superintendent to investigate one report to the Board at the
llegular School Board Meeting of November, 1984. on the possibility
of offering college level courses during the school day for A
limited number of HWS students beginning the second semester
Of trip I"4-8S School year_ On roll Call vote, all members present
voted in flvor of this motion.
TEST RESULTS -
A report on the testing results for the llth grade Science
Hill Gull(
and Social Studies test for 1983-84 were presented per the
SCIENCE a
request from the Board. There was discussion on this report
SOCIAL STUDIES
relating to the PER report. It was felt that Science was lower
- 1993-94
than is desired. Stevenson explained the PER criteria in that
we Cie use CAT testing or other test results that we already
have. ►le suggested using English for the FER Report being we
already have a Comami'.tee in place and this is Still our paramount
issue the Outcome results will Only be used for our own uie.
Tne state does nO; require any foliowup testing or backup of
car testing.
°-.andra Schmidt annnuncod that the Orono Referendum passed.
DISCUSSION
Tuttle askrd to clarify trip October Study Session details. The
October ;t..:lv Session mould be held on October 22, 1984 at 7:00
p M. ll�e agenda it"s would be: 1) PROPOSED COURSE Of SiUOY
FOR MWUS, and 2) ACTIVITY PERIOD AT IMPS. Goblirsch removed
the Policy Manual from this agenda.
Tuttle noted there would be inservice training of 'Writing In
the Content Area" and the NSBA Workshop on 'Merit. Measurement
and Money'. She thought we should consider having a Board member
attend
Gobllrsch handed out an article that related to hiS feelings
about eduCating Our it„dents with regard to discipline and not
al:owing negative be.Navier
ADJOUR/aME0f
The meeting was ad)ourned at 10 20 p.m
ii TT11m M� pTirsf.h,
Cna i rwian
atricia CheTbery.
Clerk/Vito Chair
'Complete documentation can
be found in the official minute
book.
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NE13 INC
naurai ErmuyrerU of Vr.
1212 E Wayzata �iuutevard
Wayzata Minnesota 55391
Phone 612 473-0341
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Box 37, Mound, Minnesota 55364
Noror:oer -9, 1984
Chief of Police Kelvin Kilbe
City of Dress
F.O. Pox 66
Crystal qaT, M.n. 55323
Derr Chief Kilbe,
i would like to take this s-portuiity to seamen* awn thaa,
the P*Lee Off,eers who roareniei to the fire sees.e on October 27,
1984 at 3654 Livingston fro. in N:rarro at 12:42 a.r.,.
These Offisers iireetei our trusks izt* the fire seem And
Galled bask through >rispatah to inforr. us of the hydrant losatiez.
This is the icir+i of **operation and help our Depa,-$►uezt zeds
when resparAis& to a call. Please pass on my a ppreeiitioa to
tM,so nor_.
9lnserely,
racA,;
HEATHER CROFT
proposed subdivision for
James M. Phelan
of part. of Tonkaview Gardens
Hennepin County, Min;ota
6 3
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I hereby certify Chat this is a true and correct representation or a survey or the bound-
aries of all or Lots 50, 51, 52. 53. 54, 64, 65. 66. 67, and 68. and that part or Lot
55 lying Southerly of a 11ne drawn from the Southeast corner or said Lot 55 to the North-
west corner thereof, and that part of Lots 49, 69, and 70 lying, Northerly of a line
drawn from a point on the Westerly, line of said Lot 69 distant 98.35 feet South of the
Northwest corner thereof to the Southeasterly corner of Lot 49, all in Tonkaview Gardens,
and of the location or all existing buildings thereon. It does not purport to show other
Improvements or encroachments.
GORDON R. COFFIN CO., INC.
Scale: I inch a 100 feet
Date July 17, 1984
0 Denotes iron monument Gordon R. Coffin neg. No. 6064
Mark S. Gronberg Reg. No. 12T55
Engineers and Land Surveyors
k"A Long Lake, Minnesota
ik:
PPELIMINARY PLAT OF:
8 k6CIeGNPIDGE
! o^nNo
PREPARED Pop: M2 JAMES M. BARTLETT
&,cC1,(fNQ/DG67 DEVELOPMENT CORPORATION ����
F2ANKLim NATIONAL BANK, SUITE 21/
100 WEST FRANKUN AVENUE
MINNEAPOLIS. MINNESOTA 55404
TEL. NO. 871-6595
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�.. ...r of acne noose na sown. El*Yat,on = 954.Do (NOVO - 1929).
cENERAL NVTES:
1) • - O*notes ,tan monument found.
21 0 - Denotca irar. monument sec.
1) 1934.1 - Denates esisting spot elcYat,an.
4) Bearings shown are assumed.
S) Aroas: Lot 1 110,911 aqua[* feet or 2.546] a
Lot 2 152, 41a square feet or
I.4989 ores.
Esistinq Road Area 40, 517 square feet or 0.9101 a res.
Ito be dediea ted)
Total Area - 303.860 equ— feet or 6.9751 *ores.
6) Present zoning is Rural Residential 2 acres.
Y Easements will be granted as Iucmed necessary by the
City of Orono.
61 Street address is 1200 Old Crystal Rey Road.
91 Prope,ty Identifieation Ro. is 09-117-21-42-0006.
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PREPARED ,BY
SCMOELL & MADSON, INC.
ENG1NCERS - SURVEYORS PLANNERS
14OPKINS
938 -7601
I nereoy o tify that this s —y is prepare,t under
my supervision and that I am a Licans*d Lind
surveyor Undar.che laws of the Stara of R,nnesota.
aarOid E. itnlin
7
Data, 14 September 19B4 Llcens* No. 8414