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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. I� 441 �i v = AV � S 01. I I - 'iN /tlj N N O � N ADAV Ara YO N • / It V k ,jv^YV ........,• � �� !ram �� � � cs/ � r"—�+� — �l r r so I` .✓ I ifz r. '9.s Lill ', 114 J .� - it ._ . t ++ I r7- it-21 All. -1 -1 37- 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 so m • 4 � •e r � � i 9V �� Jn t ! 2 LS F6 4�: 1• 3�s 'r 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 d" 0) 14 Vq 12 10. JV to 4 to 44 ISO 46 #K, N 2 il 46 Is 4, T 161 IM I 10 as Sa *1) VA Z it j as 24 If IT 23 I ra STO" 1E It's . I to' 4 6 S 41 a a I A. Is I a J4 to A a& 21114,4 T 104, W., 171, Is so i2. as, ae. a to s7 -U" No C. Lotr. LYR AVE W '44 43 12 It 60 9 4 oil af IL 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 !' X * r 41fF4 = `I, "do r1 "r/ 011 J�..�'t 1 Sc :; r r A6r,04we, : 1Sl0!JS A$ _ � ' �^uG 1'r�•tr 1 « Y � Ysz, - 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 L AkF 4 iCRYtr',a ®AY) i i.. . 1 N Ir � '• I77. �• Oseh O(4N e f ly• s L0 I,fFA r %1, sOc r if. fi `pro afro • Ekrsr ^ ri't• ,tinter ryvL t Jrft Aof q 2 too $,- . i Q � t'f 1•n( . • J . l .� �•`4- � 1' +/{'� fly{•. • > y! tv J `fr IrJ Date 6-12-b4 Scale: 1" n 401 T! r4w o ,ri,,It o Ircon marker 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 OAT BY z r '. M for m � fir z ,4 { R s _. r► r 2 2 as* t o� F� l B' y CO.IV 1114C am yo 1. ff rip MO. NO 7N •N WON f 21 I 1 •. _ .. io S woe 1 , 0 1 � 11 11 I I f•-'t• � I M o 0 - - 4 t /tQ I 1 i a Y. -••ii " MEMORIAL j I tAro ..• -' PARK L-� A 0 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 \� 101 t8C 1® Ot A.i, 19w YfLNA ImatYtrt hana(era Inwt�u hm+[era InKatapda Ydla9 OY, 6N 11ItYdY1[ I� Ylatoe Yl�o � In Bald DaWCB�adl Out PvtSxfed eala.o llea O�w+l S S I,N2.M3 5 513.%3 8 $ $ 1M.816 $ 5 3 I.M.'IM 5 I`efr+3 8e9�av SBarlry M.SM 9.OM - - 35.6t0 w++ Im.219 hilt 4,3M 10I.M3 O�n.�tY Drl�,t W. 15.BM1 9,6M 3,693 1) m) f¢.lprA utry ]MIM 216f1 - - Iw.Mi Y.Id1A �tf•1 (ut l+1 M.9w 'A - - 31.1w lantrtyal fate lad <batrvR lm 33.1w I'm 82 75.w5 C.o. lute lad eud Vtl 6.306 in - - 6.113 Mtr,ent upc+sf Yglvuq 1M.922 61656 4% 1"'m eltr9+1 1w 1996 MAN 110.6n 39.1% BM.M ft+ l ara Iwo 116.T 11.6M - - MAX 8prul Iw2 M.lw M,611 - - IM.191 YPQ CI .+ A '1.Sw w.M 41.3M 11.N3 u9tw 059rt+t uq (t6,1M) M.1M e.w2 8.133 Bra Oprn �A 136.W w.lw 53,02 189.1m :io19 tmr ryvnaq 13.wl If.6M 91059 26.312 lbu1+0 InKatr•K 99rt nN j2no, 6A f1.19t.M13 6.M I,109,632 M.263 1,631,w1 10,"3.N01 3,981,656 ^ems 61.M8.6M 5 lw.W 811Mf.IM $ - - 5 2,104,12, 3 M5.919 5 - - $2,831,642 $ 53,915 $3,M1.656 5ppl[, U8r YYf 61.M.316 $ •.6M 5 BM.6M 5 - - 5 I,098,585 $ 2%.MB f - - $1,699.996 $ 53,113 $3,A0,)2] s6laulr Q aa�lTS, olsaa6aF uu a6Gla� 101 M: 5>Y!i 1v1ffi 9651 .MT Jl, 19N aOWum 1� hrateza xmrarits hoofers Inrnta�ta 01tlin0 SOD 001rr Iles � in gold WaG¢f®1ts Out i5trdlard B61ry 61u6x 0or61 5 i 1.903.0% $1,034,167 6 16,956 i S3,072,106 i 3,113 $ i 1,677,7% i hdetsl Iry 6Yrr �n9 67.960 25, R? 3,662 16.005 75.620 M4 109,002 7.053 15.087 301.053 t Ity 0erJa t ale Vsrrt 11511 11,356 15.102 (31099) 0q..apsnt d 1" 113,369 5.621 6,216 15.101 969 10811e6 W 1du9 C p ul Ort WY 1016% 2.2% - - 31.7% I ,.Wl sate lad :mtrlc<1m 621000 16.01 935 75,616 G.O. atN 4d IYatl 6vd 9,060 60.107 ",a% 6.313 9etrotw I%,497 12,131 314% 195,114 al'<u1 0a�61%6-1916 1.181092 i51.5 371.132 7,166 M. 790 �e.ul Nr6a 1900 2%,662 %.051 71746 113,623 266.6A 0pscul 0asr 1%2 132.4% 31.639 62.713 1%,A7 3+Pr Vostis9 21.6f0 L1.3» 2n.526 31.523 1rt6. Wrn�n1 5.%2 65.365 %.330 6,137 Outer Wret" 157.%6 261.926 235.M 3,113 109,105 N,if Over Wost �rq 10,101 5614,42 61.691 26.132 R lw 6,135.N3 {6.1Y5.663) 164,166 13,254,711 100.1% 13,-W,7" (),963,W) ),98),6% SOW+ H.1n,663 0 67,056 U. 331,0J0 i L.2% 013.256,211 $2.521.0% i 20.2% ill,066. Y06 i 57.016 $3,981.6% '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. cmv® wn v 99QIR4, olaaes Mo wwv PJt M iOM pI MDR, 19Y t99fO�iP ___ IPPI�! -_� FlW Ylo Ylm Yot�! Tfbfm 1—__ leratan[f _YW DiW[rnttl T[en•Ip Ie99f9sMa OK ♦@tlY�V �C9S YI�o IMi9lt♦t Y19� '�•1 d i l,A),PN i lb,lb i 9 S 1)5, 991 t t i l,tb,ll: i rost,l 9e+�na sNt.tl9 n,cb _ _ >s n,Ns —,tT )...lq..tt 91¢i u[ (3,M) _ _ ]]i II.N91 �WIPeK I?1•T !Y.)N _ _ N9 140,817 %'Wl" Cw.4l YRI, I1,M9 Mwip91 t[eo 9W Justtvmian n.611 _ _ w nlw lo, st.r<Ali 9atl tma 1,11) 3,t91 _ _ SIM �lawnt tgtow>♦rK 9 1-, 195,111 At 229 I95.f1 Sdc41 9p 199E-19f6 M.No f, 31) 215 M.yy W :9U ]Y.6J6 584 351N9 af.Ib S l•l %IAIIA 1982 10,R7 )b ltl, )19 Ill.)N Wl 37,52] 49.442 O,M A,ITI Will, 'aaTeuy 41137 lli II.W P.1tS1 �[ ep�9t��q tit,lR N.N6 v.233 S11,R7 wt 0,Ai t" Ulm IS,192 U,SN Alm avl+J ln+strrt Tt9R N9! iWh 6% imn.«.J_ _ Islas RI,NS - - 62I.44S I).M.282) 3,997.6% Taa..i t3.907.456 i 14,013 t sue.. ......� 28.N2 . t -- ........ d 111.N9 ........... d 1N,923 3 S N1.N5 7 9]./A dJ.M.i]f .......... •••Y .,�.�•.. m...�.. m...� 71R'31A6T [u9 P.M.121 { SJ,JI] t a3,2n t -- { 9]J, SS3 S 1R,1N 5 S RJ,SS] t W.AS 0,930,717 6u9u9t. 19 C to9wrt < 9 M, olserna(6 90 walla ly T16 ml e rt ® M 31, I'll' ual 9N1 l 11/9r'9YIt- T�ua(en [nwet�nb TniY01 [rYl'/Ib —�� iartl�t fY9! Ylsr YIO b� In Yid _ OI111[9�1 wit f51[d6trd Y1616i Yldo w�t61 i 11.9p,tN tl,lN.i9J i 16,9N I J1.24I,610 I J.IU 8 t 1,436.131 t iika .n9 VIM aan 3,717 16,065 n,56s .att M.W 9.113 IS.NY 162,I13 �arn,cY 4+1apwit sla Grt (ISO 1I,151 IS.m f1,919) ^9.Iprn M "T 111,149 S1421 6,M m.m 999 191,917 titldlA=ylb131.iry 30.696 1,P6 -- 31.766 i. l 9 61d Q.Ni 16.41 NS 15.564 :.�. 9Ntt 66J 9wJ 4N I'm N,M M,9SJ 9,119 91(YIt91t Itpeswrr i wtn9 IR,971 ti.196 I'm L%,W tlrYl 6999� 1966-tm 1.125,093 1S,Wl JM,JO 7,756 694." 9yci.tl 69rr 1949 M9.962 v5.615 1.746 169.921 IS1,610 S?n�lai SM�i 19N II2.156 JJ, IS Il.64 11I.74, ;.igrw npx,tim II.6N 1A.M: 325,1S1 "an n.ut W+n�q S.NI 65.615 76, lQ (1,n51 ISI.SN 1161T1 M."I 1,M 116,70 u:f ,o.r ay.tXly n.Nl tl, 339 N,115 Y.JBJ �mltl 1n.�taR ft.Nu6i 6,1n,NJ (6y1n.NJ) _Z•1W ...... 13,Mllm _" IN _. l3.6tl.N9 Q {91.t 63) l`Niy6X wnu 5 N.I IS,NJ t 61.4M / 1,6O.NJ t n,996 411.966,156 $2.t59.JJ1 t A.MS 4111.146,169 t 95.059 3I.N716M m ...... w... rs..e.. �..ru.. e........ "kLA IAtt t9Y H.M,IN t N,tn a.al.w 1 I5.629 4U.961734 N.ST.W I 4S.429 $12,ia.ln t N,15{ I3,6n.'I97 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 CTTT OF 040040 EM PL-NO NAME P A T R ll-S7-ef'i T'T'D A DIY GROSS GROSS EXPIALL8J ANDERSON 8L 31 23807912 1017.60 BERSON 11R 12 39739*79 1687944COUNCIL MEETING BOBZIEN SA 31 13337903 564.90 BRIBER CA 9Q. 518900 100.30 B NLRKMACS JF 42 Z4072.57 1746 d4 11OV 1 g 19g4 SURMASTER aO 31 26378942 1143968 CARLSON NJ 9Z 23851965 1J36964 CM<S11ICK 38 31 25531031 1:92612 CITY OF ORON EMACNBERG DL 90 11035@52 400odO ENICKSCR OJ 93 2346*75 r9O0 ERICNSON MR S1 24402*68 1061.48 FRITZLER JM 31 24673.62 1132.08 GAFFRON MP 33 205279!0 966.00j GEAMAAOSON J9 42 3U161.29 1314.08 GREEN60IST MO 9) 456.00 61.:7 GAEGCAT JO 42 21847.31 930.53 GRIFFITHS GE 31 247930,12 1017.60 NALLIN ON 12 16950.02 831977 HANSEN GC 42 IP955.?4 0359)6 H PUN SIRO CJ 31 4464,32 I3".'^ F.r6lk IRr. 110 90 ?1)859^7 91.15 M 15U5 'A 9, 12r79,51 `.6)944 JA<:EE TJ 33 21324934 924.9S JOHNS RJ 9i 2557057 7.ti J 341IS041 aP 31 23481912 1?1/960 KLLRO MN 31 32435*34 1414024 KIRNTCZUK 11 31 24569932 10939V2 K NUTSCR CA 15 14493919 532948 KRIMMEL OL 93 0900 O.UO KUEMN TR 15 21352963 1235.25 LATTIN JC 15 17471921 ►169U9 MABUSTH JA 33 Z5869,66 11 ►4.68 MARUEL CM 9A 3421974 111.60 MCGONAN LR 93 23205*64 1011904 MOROBCDTMS J 31 25007952 1917*60 MRCSS FT 61 17103914 712.56 NA AO TL 12 2464.00 S6008 OAS O9 93 330902 0.00 03RTEN PL 42 9654910 324.30 OMAN LE 33 7815*50 6009CO PALMER NO 31 28S.76 Do" Pd:AA SON SC 31 23959.10 1317.60 PETFRSON RB 93 603.76 09M0 PIrLC6 JE 31 24912912 1017.6M RRO90 NJ 12 2N0.61 64950 OUAST NA 92 20934a'3 787.03 ROTCRA.f GE 93 263920 0000 SASS JJ 42 1908198C 821.00 SELLRER CL 93 1921*00 DODO SELSTAE EN 93 73.70 O.GO SKALEN 03 42 19^59955 A299S6 CITY OF ORONO P A T P EMPL-NO MARE DIV 6ROSS GROSS EXPf ALLEY 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_ __ _.___I!LMOIt__...-�__. IJ[I.OpC113PiIDIL ACCtMK W. IW._R P.O._R_DESSASC__, . KHAa 110ills• {OI.ON 01144LIT3 NINE NTK'Mcs 111-4812-SIS-90 PANUAL Kr1.s 111CII!4 9.{{- ONAUW OENE. NINE_025C -_ _ _-3M{u}313-9C RANUX ufaR . NEI 113 11e01194 227.2e t%M4CONT!N TAL "a NINE PUMCP T1.{512-S1fY0 •AM1AL KIV3 IW1In1 414- IMTERCONTINENTAL PAS .tYE else 21-H13.513-SC NAeUAL 222.13 . ...... _ _ _ -Cgs We let 1110"114 $32.30 NI[OR WINE NINE PUACw - 71-{U2-S15-9C MANUAL K217S 1110f A{ 10.30. PRI01 NIL-" NINE DISC T-4413-S13-96 -AYUAL 122.:1 K It 16 IIl't 114 1.49 AOSTNASIEA =:S: AGT C1-{321-O{0-13 MANUAL 1.40 . Kit'? ItI:V{• f65.14 U3MS1M O•ai L:G PUaC- 21-4210-St S-9C RAWAL KIII, 11/]f I3• 11.14. J"SIV OR01 L.O O:SC 11-{211-SIS-9c NAWAL KINi IfI:VI} 14.1 .1Ws1N elm .:Nr PUA:. 11.4e12-SI5-9C MAWAL Ke1/I 110'1114 .29- A1.1s3'I alai •'N: 3IiC rl-41113-316 90 NAWAL +sL.9s +Cel)P 111.1144 343.16 i1 PN:LLT-f L:a -UR:• 11-4510-SIS-90 MANUAL Kill. 11111144 1.54 -1 ♦-:LL:.S Lill O:SC 11-43•1-SIS-90 PwUAL Kit's IICLYL 1.36- °0 PNILLr; LIN 0:3C T-49II-SIS-90 MANUAL Kill, 1f I'. LA{ I.S{- `.1 0.11.0-9 L:O O;SC 11-{Ht-i13-9C -AWAL Kill- /l/:1/O♦ •C4.11 IP PN:LLt-S .:NE .UR:M 11-4812-SIS-9C MANUAL Kit,- 111'tILA 19.19• TaP-:LLTrS -:NL CISC /1-4613.SIS-9C MANUAL ...... •••-CRs 7.43 PUN? 31 TIM 6CNEIAL YUNO 1.24f.56 101 11 TOTAL L:W4& Oi-RATIMG IUMI s.192. •{ TCTAL 11164 CRN M AMA CHECK REGISTER 11-13-81 PAGE t .COMA 10. "It MORRIS New" PCa OEsCRipfia ACCOUNT NJ. fkV. 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In. s F.a. raasaar 01N10.290-61 fa111rL 41-4142N05-00 0PPa1sL 11-4141-S/S-9C P SL 12-4142-N9-91 1100WL 15-41a2-161692 PPa111PL r4-4141-590.93 s{gLL Planning Commission Council PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER :..dE (plcase print) ADDRESS PRESENT FOR (from agenda) z_�'� ��90 R�b(lr 3. \AVIIC� �_ ♦. .L WCv rr-- J /s70 s. LUorre- I a'io iar v I 7. J3 3�✓ — 9 I ' $• .'4T ( _ 0. 2. I Ito 19 9L AJ ul�n_. .5�&Lx� _y_31 .."0. `" 7 Planning Commission PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) I /'1 zwj l .I�. j r r)X. Planning Commission PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE //-/3 $V� PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) L ISM XT 1�Mmil WPM •I. \nV ♦ra � 1 .1 � 1 11� ���1 ♦ I IMO 1 I%yet u •. f l �� r I nfo r in a.+ i0ori IE +evr" S 0� ARM _ 11-13-kV 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. C, Ott ►� �-.,�! , Nov 1 rasa t__CI r Q ))1.5 )1 C., vv.wr 1-Y-1 l5 L� t! 6 1�exl 0) .71 3 0.0 , ) F CL vrv.. NE13 INC naurai ErmuyrerU of Vr. 1212 E Wayzata �iuutevard Wayzata Minnesota 55391 Phone 612 473-0341 av, tin fin. ��+ ,?a� _rs�cl,t Ci •Y.c Tc i�,t-r,�,s rh %)cur w , i�r �r t j7w►i4� /� , i7} et� ,Qs !z+ /�S Sn�a .✓s �:��l�K' / J . � �� Tu�:-� .�r,s/ r�G �� � ctr*•r i+.r.,� u�..'� Tv+c.'� � `� , i� �4.> rs !s %. J 1u Yia ,i+ 1 w 6 4- 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 SEP 2 t ... 1W.1.5 /* it r 6 09t Oc,., G' sc z '='­t h�c >a� JJ.y � /SS TC) �j 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 I aY \ •� iy ` I (S 70 (NoQry SyQ�Og90 OR��eJ U}St'X I P?fUR v nitl MANA: , ucn stdc o: zb-,nth elm trod a eh* s uthweat �.. ...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. 0.\ \ �y 49 4 �� ^E9 62 9joeC9�� 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