Loading...
HomeMy WebLinkAbout01-14-1985 Council PacketMINUTES OF THE REGULAR COUNCIL MEETING HELD JANUARY 14, 1985 PAGE 1 7:00 PM ATTENDANCE The Orono Counci 1 m(_t on the above date with the fol lowing members present: Mayor Butler, Councilmembers Lynn Adams, Tim Adams, and Frahm. Councilmember Grabek was absent. Public Works Coordinator Gerhardson, Zoning Administrator Mabusth, City Attorney Radio, City Clerk Hallin, and City Recorder Sutton represented the City staff. City Administrator Benson was not present. OATH OF OFFICE City Clerk, Dorothy Hallin., administered the oath of office pledge to the new Councilmember Lynn Adams. CONSENT AGENDA* Councilmember L. Adams asked that items 4 and 5 be removed from the Consent Agenda* for morn discussion. Councilmember Frahm moved, Councilmember 1'. Adams seconded, to approve the Consent Agenda*, subject to removing items 4 and 5 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. Met.ion, Ayes (4), Nays (0). APPROVAL OF MINUTES* Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the minutes of December 10, 1984. Motion, Ayes (4), Nays (0). APPROVAL OF MINUTES* Councilmember Frahm moved, Councilmember. T. Adams seconded, to approve the minutes of the special meeting held January 3, 1985. Meticn, Ayes (4), Nays (0). LAKE MI.iNETONKA CONSERVATION DISTRICT REPORT Thfre was no Lake Minnetonka Conservation District Report. PLANNING COMMISSION COMMENTS Planning Commission Representatives Sime and Rovegno had no comments. PUBLIC COMMENTS Jerry Wheeler and Sandra George of 3399 Crystal Bay Road were present to discuss a complaint. Wheeler noted that he has been having trouble having the City ordinances enforced in his neighborhood. Wheeler passed out a letter from him to the Council. Wheeler explained that he has a complaint about an eye sore in his neighborhood. Wheeler noted that he has rr.ade a complaint to the Orono staff but no action has been taken on hiF complaint by City staff. Wheeler explained that his neighbor is illegally storing an old truck and an over --sized boat in the front yard next to his lot line. Wheeler stated that the neighbor has also illegally excavated the hillside, has built a retaining wall, and increased the hardcover within 75' of the lakeshore without any building permits, variances, or permission. Wheeler asked the Council to assist him in getting equal treatment under the City ordinances by doing the following: MINUTES OF THE REGULAR COUNCIL MEETING HELD JANUARY 14, 1985 PAGE 2 1. Direct the staff to ticket Mr. Johnson for his violations like the City is doing in a Similar case involving Mr. Eller. Wheeler suggested then letting Johnson decide if he wants to come in and appropriately pay the building permits and apply for variances. 2. Wheeler told Council if they dl lji't want to do the above, he asked that his name officially be put on the Planning Commission agenda for January 21, 1985, at which time the Eller dispute will be on the Planning Commission agenda. Wheeler asked that his name be placed on the agenda in order to tie-in his case with a similar case like the Eller case. City Attorney Radio told Wheeler that he was informed by City Staff that if he wished to be placed o,. the Planning Commission Agenda to appeal the decision of the Zoning Administrator, that he is welcome to do that on his own by paying a fee to appeal this decision. Radio stated in fact that the Council has an ordinance in front of them tonight that will increase that appeal application fee from $100 to $200. Jerry Wheeler informed Radio that this was not correct. Wheeler stated that fie was told by Zoning Administrator Mabusth that a decision had been made on this at the Council meeting of last year. Wheeler stated that when he appeared at the last Council meeting, Mayor Butler stated that if he continued to push the matter of the bout, that she would unilaterally give Mr. Johnson a variance for his boat and storage of truck. Wheeler explained that when he talked to City Attorney Radio, Radio informed him that he must appeal the inaction of the City staff and pay a $100 fee. Mayor Butler replied that hardcover was not discussed at the last meeting when Wheeler was present. Jerry Wheeler stated it appears that if an individual is not liked by the City staff or by someone on the City Counci 1 , that if this party goes into apply for a building permit and gets denied, that this party would have to pay a fee to appeal the decision of the staff person. Wheeler asked that the City enforce their laws equally. Wheeler told Council if they were going to ticket Mr. Eller and ask him to come in for variances, then any other citizen should have the same treatment. MINUTES OF THE REGULAR COUNCIL MF.F:TING HELD JANUARY 14, 1985 PAGE 3 Wheeler stated that he didn't feel that he was appealing anything. Wheeler stated that if the Council , It he was appealing something, he asked that the Council waive that fee. Wheeler asked the Council that when hey address this appealing fee to be increased ]a _er tonight, that they consider what that fee is really for. Wheeler stated that when an Orono resident hay to F a $100 or $200 fee to ask to have the laws enforced equally, that that is abusive and isn't the intent c,f the law. Jerry Wheeler submitted a copy of the beginning of a petition asking that these laws be enforced equally. Wheeler noted that the petition has approximately 70 names on it and will have many more when he is finished with the petition. Wheeler felt that it was the Orono resident's wish to have our laws equally enforced. Mayor Butler replied that when Wheeler was here before complaining about the bo:-it next door, the Council discussed it and the bottom line of that discussion was for the City to en.`.orce that particular ordinance city- wide would mean that if nothing else the City would have to hire additional staff. Butler noted that the Council decided that they would do nothing two years ago which was Wheeler's answer. Butler explained that to enforce the ordinance would open a level of effort that we are not staffec' for . Butler to!J Wheeler that the City has since then h-3 discussions about changing the ordinance in light of t►�,:� fact that as the ordinances is written now, it is unenforceable with the City of Orono. Jerry Wheeler replied that when he appeared last year that he appeared on one issue only, and it was not the boat issue. Wheeler told the Mayor that she unilaterally refu:;ed to discuss the issue that he appeared on, and without any Councilmember's knowledge of what was going or., made a statement in support of Mr. Johnson's violation of our city laws. Wheeler stated that the Counci lmembers were not informed of the issue. Wheeler explained that the city doesn't have to hire additional staff to enforce this ordinance. Wheeler stated that the staff could merely respond upon complaint. Zoning Administratcr Mabusth mentioned that Mr. Eller was not ticketed and was out of town at the time and then came into staff afte- receiving a letter. Mabusth told Eller at that time ttat he should come in for a variance application. Mabusth noted that even some Council - members have over -sized boats stored on their property along with many ether Orono residents. Mabusth explained the p-ob►Ems that residents have in meeting the -dinance stardards: topographical concerns, inability to meet tt.e required setbacks setup by the performance standards, size of boat (20' boats cannot. be stored on property). MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 14, 1985 PAGE 4 Jerry Wheeler told Mabusth that this wasn't the point. Wheeler stated that one of the Councilmembers has a large boat stored on his property, but the boat is not stored next to the lot line, or stored where the neighbors have to look at it. Wheeler stated that the Councilmember was not, in his opinion, violating the spirit and intent of the ordinance. Wheeler stated that it is up to the Council to interpret the ordinance. Councilmember T. Adams stated that he would like staff to come back to the Council with their analysis and recommendation on Wheeler's problem. Adams felt that it shouldn't be tied -in with any other situation that is before the City. Councilmember L. Adams stated that he has an oversized boat in his yard and a few years ago he had an old truck in his yard and was ticketed by Orono for this violation. Adams noted that some of the City ordinances are too restrictive and this particular ordinance is one of them. Adams noted that a recommendation should be obtained from staff. Adams felt that if there was illegal excavation, that this should be addressed by staff. Councilmember Lynn Adams moved, Mayor Butler seconded, to direct the Orono staff to investigate and report back to the Council regarding the alledqed violations (boat storage and expansion of hardcover) at the Johnson resident, and for staff to write a letter and follow normal procedures if the boat is found to be in violation of the ordinances. Motion, Ayes (4), Nays (0). #874 DUANE BARTH i MRS DONALD JOHNSTONE 1810 SHADYWOOD ROAD VARIANCE RESOLUTION #1718 Applicants were not present. Councilmember L. Adams stated that he had this item removed from the Consent Agenda for discussion because he does not feel that this va r i ance should be approves?. Adams noted that t h i s lot has not always been held as a separate lot for a future building site. Adams stated that the most significant f inding was that the two lots had been used as one lot , with the house on one lot, the garage un the other lot , and the driveway crossing both lots. Adams stated that this indicated that the owners of the lot simply considered this one lot. Adams not( d tha* the existing house . _, only 50' away from the lake an . a hardcover runof f has been of f set by the open lot ne Adams stated that when that open lot is b ..r:, that offsetting assistance to the hardcover ii- will not be present. MINUTES OF THE REGULAR ORONO COUNCII. MEETING HELD JANUARY 14, 1985 PAGE 5 i874 DUANE BARTH i 14RS DONALD JOHNSTONE City Attorney Radio noted that at the last meetinq this application was approved and that the motion here tonight would just be on the resolution itself. Radio noted that if at the last Council meeting, Council had granted conceptual approval, then they could change their minds, but it appears from the minutes that the Council approved the application at the last meeting. Radio stated that the vote tonight is only a vote to formalize the approval given at the last Council meeting. Councilmember T. Adams noted that he did vote ag-iinst this application at the last meeting. Adams noted that he will vote for the motion to approve the resolution only after consultation with the City Attorney. Adams noted that the resolution is consistent with the motion to approve passed by a majority of the Council at the last meeting. Councilmember Frahm moved, Mayor Butler seconded, to approve Resolution #1718, A Resolution Granting A Variance. Motion, Ayes (3),Nays (1). Lynn Adams voted nay for the reasons noted above. i881 WILLIAM KRUTZIG 1629 BOHNS POINT RD REQUEST FOR ADDITIONAL HARDCOVER REVIEW William Krutzig was not present. Zoning Administrator Mabusth stated that the City Engineer needs to review the new methods proposed by applicant to combat hardcover and staff is awaiting his opinion. Mabusth stated that this item was on the agenda for information only. Councilmember L. Adams noted that Krutzig's new idea for hardcover under decking is very good. Mayor Butler moved, CouncilmemnerL.Adams seconded, to table the Krutziq request for additional hardcover review pending receipt of the City Engineer's review. Motion, Ayes (4), Nays (0). i811 JOHN ERICSON 1620 SHADYWOOD ROAD DENIAL OF APPEALS PETITION RESOLUTION #1719 Zoning Administrator Mabusth noted that John Ericson had contacted her and wished that the Council would take action on the resolution without his attorney'sformal response on the resolution drafted by staff. John Ericson was not present. Mayor But Ie r moved, Counci I member L. Adams seconded, to approve Resolution #1719, A Resolution Denying an Appeals Application that would except. the division of legally combined lots from the subdivision regulations of the City of Orono. Motion, Ayes (4), Nays (0). MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 14, 1985 PAGE E #849 I.D. CAPLES 4798 NORTH SHORE DRIVE VACATION OF A PORTION OF PARR AVENUE RESOLUTION #1720 I.D. Caples was present. Caples attorney, Ann Schulz, was also present. #783 I.D. CAPLES 4798 NORTH SHORE DRIVE VARIANCE RESOLUTION 11721 Mayor Butler moved, Councilmember L. Adams seconded, to approve Resolution 01720, A Resolution Vacating a Portion of Park Avenue. Motion, Ayes (4), Nays (0). I.D. Caples was present.. Caples attorney, Ann Schulz, was also present. Councilmemher L. Adams suggested adding two findings to the drafted resolution. Adams noted that the highest and best u:,e of the property appears to be the construction of a home or the property would likely revert to tux delinquent status if not built on. Adams noted that the applicant's good faith effort to obtair additional property should also be added to the resolution. Councilmember Frahm stated that the finding that. the property is consistent with the current pattern of development in the neighborhood should be r.dded to the resolution. Mayor Butler moved, Councilmember L. Adams seconded, to approve Resolution $1721, A Resolution Approving a Variance to allow construction of a home, subject to the following findings ueing added to the resolution: 1. The highest and best use of the property appears to be the constructions of a home or the property would likely revert to tax delinquent status if not bui It on. �. Applicant has made a good faith effort to obtain additional property. 3. This property is consistent with the current pattern of development in the neighborhood. Motion, Ayes (4), Nays (0). Mayor Butler asked that this resolution be brought back to the Council's next meeting to see that all the additions were made in the resolution. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 14, 1985 PAGE 7 i878 THOMAS & KRISTI KAUL 1900 SHORELINE DRIVE APPEALS PETITION Thomas and Kristi Kaul were present. Neighbor Pauline Bouchard of 1860 Shoreline Drive was also present. Kristi Kaul explained that she and her husband would like to restore the homy at ] 900 Shoreline Drive. Kaul noted that they would like to start a traditional bed and breakfast (hereafter B & B) operation in their home. Kau] stated that a B & B operation is when guests come and stay in your home just overnight or for a few days. Kau] explained that she could start a day care in her own home, but that the day care use would be a more intense use of the property. Kr -sti Kaul noted that the home has 7 bedrooms, but they are only requesting that 5 bedrooms be used for the B & B use. Kaul stated that they would restrict the maximum number of guests to 10. Kaul stated that the guests come on weekends during the summer and fall. K.:JuI stated that they expect 10 house guests per week. Kau] noted that their B & B use would be registered in the National Bed and Breakfast Registry. Kaul explained that guests come after 5 p.m. and leave by 11 a.rri. which leaves little time for yard or lake use. Kau] presented a survey to the Council regarding B & B >>ses and what the neighbors thought of the B & B use in their neighborhood in Stillwater. Ka�il stated that the neighbors are objecting to things that would not be happening. Kaul noted that there are a lot of misunderstandings about B & B's. Kaul explained that they are willing to do whatever the City wishes as far as licensing or permits. Kaul stated that they would be willing to let the City review their license every year so that if any neighbors have any complaints that things can be cleared up right away. Kristi Kaul stated that many of the B & B's that are in operation around Lake Minnetonka and surrounding communities did not even check with the City to get permission because they did not feel it was necessary. Kaul stated that neighbors have not complaintP about them and only a few people even know they exist. Mayor Butler noted that she was in favor of the application and asked staff how the City could approve this use. Zoning Administrator Mabusth stated that f irst the City would have to deny the appeals petition finding the Home Occupation Section of the code not applicable fo; a B & B use. MINUTES OF TI-E REGULAR ORONO COUNCIh MEETING HELD JANUARY 14, 1985 PAGE 8 #878 KAUL (CONT. ) Councilmember L. Adams stated that the B & B concept is a good one. Adams felt that Planning Commission member Rovegno was right in his minority opinion at the Planning Commission meeting. Adams stated that he felt that this B & B use fits right in with Section 10.20 of the zoning code under accessory uses. Adams felt that the Kauls weren't asking for anything that is outside of the zoning ordinance. Planning Commission member Rovegno noted that the Kauls are willing to cooperate with the City and subject themselves to City review every year. City Attorney Radio stated that if the City was to view this application as a license, such license woul ' not address the land use side of the application. Radio stated that the City could approve this under a Conditional Use Permit and review it from time to time and incorporate provisions in a resolution to be restrictive as the City wants. Councilmember T. Adams stat.-d that he was in favor of the application and that the conditional use permit is the way the City should approve this application. Pauline Bouchard of 1960 Shoreline Drive noted that she was very concerned if the Council was considering placing no restrictions on t}._ property. Pouchard stated that the City needs control over the property. Bouchard stated that the portion of lakeshore is very desireable and that it will attract quite a few people. Bouchard stated that it will look like a resort next door. Councilmember T. Adams moved, Mayor Butler seconded, to conceptually approve the bed and breakfast project and direct staff to prepare the necessary provisions under the code to handle this as a conditional use permit and come back to Council in 30 days with standards and rules that should be applir,;: to the B & B use. Appeals petition fee to be applied towards a different application. Motion, Ayes (4), Nays (0). Councilmember L. A(lams asked that staff check into the concept of letting the B & B concept fall under the accessory use section of the zoning code rather than the conditional use permit section. MINUTES OF THE REGULAR ORONO COUNCIL. MEETING HELD JANUARY 14, 1985 PAGE 9 ORDINANCE 9, 2ND SERIES FENCE ORD. AMENDMENT Councilmember T. Adams moved, Mayor Butler seconded, to table the fence ordinance pending staff review. Motion, Ayes (4), Np;. (j). TRANSPORTATION REPORT Councilmember T. Adams noted for the record that Ted Hoffman is the new Chief Engineer for Hennepin County and that he will be the person to woi k with on the County Road 15 project. MONTHLY & YEAR-TO-DATE SUMMARIES OF RECEIPTS DISBURSEMENTS i BALAN-ES FOR OCTOBER 1984* MONTHLY i YEAR-TO-DATE SUMMARIES OF RECEIPTS, DISBURSEMENTS i BALA.NCZS FOR NOVEMBER, 1984* MONTHLY LIQUOR STORE REPORT - NOV. 8 4 * Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the report prepared by Finance Director Kuehn regarding the monthly and year-to-date summaries of receipts, disbursements, and balances for the month of October, 1984. Motion, Ayes (4), Nays (0). Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the report prepared by Finance Director Kuehn regarding the monthly and year-to-date summaries of receipts, disbursements, and balanceb for 1T1ovember, 1984. Motion, Ayes (4), Nays (0). Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the November, 1984 liquor store operating report prepared by Finance Director Kuehn. Motion, Ayes (4), Nays (0). STATUS OF 1984 TAX 6 STATE AID COLLECTIONS*Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the report prepared by Finance Director Kuehn regarding the status of 1984 Tax and State Aid Collections. Motion, Ayes (4), Nays (0). POLICE INTERN REQUEST* Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the request of Mark Thomton to be a police intern during the period of June 12, 1985 to August 30, 1985 at no salary. Motion, Ayes ( 4 ! , Nays (0). 1985 MATERIALS i EQUIP* Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the 1985 materials and equipment specs fcr the Public works Der•artment. Motion, Ayes (4), Nays (0). MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 14, 1985 PACE i') GOLF COURSE REVENUES 6 EXPENDITURES* Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the report prepared by Asst. FinAnce Director Lattin regarding the golf course revenues and expenditures. Motion, Ayes (4), Nays (0). COMPARABLE WORTH STUDY RESOLUTION i1722* Councilmember Frahm moved, Councilmember T. Adams seconded, to approve Resolution #1722, A Resolution Authorizing participation in the Control Data Business Advisors Joint Comparable Worth Study. Motion, Ayes (4), Nays (0). WRIGHT HENNEPIN COOP AGREEMENT* Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the Wright Hennepin Coop agreement. Motion, Ayes (4), Nays (0). PERSONNEL CHANGES HENNEPIN COUNTY* Councilmember Frahm moved, Councilmember T. Adams seconded, to take note of the personnel changes at Hennepin County regarding Chief Engineer is now Ted Eoffman. Motion, Ayes (4), Nays (0). ORDINANCE. NO 10, 2ND SERIES 1985 FEE SCHEDULE The Council felt that the following changes should be made in the 1985 fee schedule as drafted: Appeals fee from 52(10 back to $100 After -the -Fact fees to Double the Application Fee Request for City to accept existing private road from $250 to $600 Wood stove mechanical permits from $30 to no charge Wood comb/add-on unit from $50 to no charge Late fee for Commercial Marina License Appl i from $50 to $150. Mayor Butler moved, Counci lmember L. Adams seconded, to approve Ordinance No. 10, Second Series, An Ordinance Adopting the 1985 Fee Schedule, subject to the above corrections. Motion, Ayes (4), Nays (0). ROTATION POLICY ON PLANNING COMMISSION Council-tember L. Adams moved, Councilmember Frahm seconded, that the rotation policy on the Planning Commission be tabled until the January 28, 1985, Council meeting. Motion, Ayes (4), Nays (0). 1905 APPOINTMENTS TO PLANNING COMMISSION PARK COMMISSION HUMAN RIGHTS COMMISSION Councilmember L. Adams moved, Councilmember Frahm seconded, to table the 1985 appointments until the: January 28, 1985 Council meeting. Motion. Ayer ' 4 ' , Nays (0). MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 14, 1985 PAGE 11 CARMAN STREET SEWER REIMBURSEMENT Councilmember Frahm moved, Councilmember 1- Adams seconded, to approve the Carman Street Sewer Reimbursement to Mr. Edwards in the amount of $3,500. Motion, Ayes (4), Nays (C;. LAKE ACCESS IMPROVEME.IT SPATES AVE i CR 15 George Rovegno was present. Mayor Butler moved, Cou ilmembet Frahm seconded, to table the lake access improvement at Spates Avenue and County Road 15 discussion until the January 28, 1985, meetina. Motion, Ayes (4), Nays (0). ENGINEERING RATES FOR 1985* Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the engineering rates with Bonoestroo, Rosei.e, Anderlik 6 Assoc. for 1985. Motion, Ayes (4), Nays (0). CITY ATTORNEY'S REPORT JENTILUCCI - DRAINAGE PROBLEM City Attorney Radio noted that Counci 1 asked him to give a legal opi nion on the Jenti lucci drainage ditch at 1295 Briar Street. Radio stated that the ditch is on private property and that it is the responsibility of the owner to maintain the ditch per Section 9.04 subd 2 of the Orono Municipal Code. Radio further rioted that the City is not responsible or liable for the pondinq of water on the ;,entilucci property, si. ce the existence of the culvert does riot increase the runoff that would otherwise flow onto, 'tie Jentilucci property. Radio explained that regardless of who built the ditch, the ditch is now on private property and must be maintained by the owner. Radio stated that as part of the Crystal Bay Sewer Improvement Project , the City may want to have the City Engineer address alternatives to alleviate the ru-._ff problem. Alex Jentilucci of 1295 Briar Street explained that the ,7ity put the road in and thereby increased the water flow. Jentilucci noted that the culvert relie,Jes the property across the street f ram ponding and f lows onto his property. Jentilucci stated that. the City repaired the culvert a few years ago, the grade of the culvert wAs changed thereby causing the water flow problem. Jentilucci stated that the City deepened and widened `he ditch at that time, which created ponding. Jentilucci stated that the water is filling up his drainfield. Jentilucci explained that the culvert collects water from 10 acres in the Crystal Bay area. MINUTES OF THE REGULf--, ORONO COUNCIL MEETING HELD JANUARY 14 1.985 PAGE 12 Public Works Coordinator Gerhardson utated that the City could eliminate the ponding by installing a swale. Councilmember Frahm stated that he would be in favor of eliminating the ponding problem, and after that, it is up to the homeowner. Mayor Butler moved, Counci lmember T. Adams seconded, to direct staff to correct the ponding problem by installing :: swale. Motion, Ayes (4), Nays (0). ASSESSOR ROLF ERICKSON Rolf Erickson and Rolf's Assistant, Dave Wilde, were present. Erickson gave the Council an update on his assessing procedure and his progress on the required appraisals. COMPLAINT ON DAMAGED CULVERT Mr. and Mrs. Lloyd Fairbanks of 95 Willow Drive No. were present. Fairbanks stated that the culvert on Willow Drive needs to be repaired. Fairbanks stated that when large trucks or buses drive over the culvert that it shakes their house and has caused cracks in their basement and ceiling. Fairbanks stated that he has complained before and the City hasn't responded. Public Works Coordinator Gerhardson noted that the City was going to f ix that this past fall, when the MSA held up the project because they needed variances on Willow Drive. Gerhardson stated that it will be fixed in 1985 and in the interim that bump signs would be placed at the culvert location and maybe that would slow down the traf f ic. LICENSES* Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the following licenses: Soliciter's License - Iran Relief Fund Raffle License - Orono Hockey Boosters Motion, Ayes (4), Nays (0). BILLS* Councilmember Frahm moved, Councilmember T. Adams seconded, that the All Funds Accounts and Liquor Store Accounts be raid. Motion, Ayes (4), Nays (0). ADJOURNMENT 11:02 PM The Orono Counci I adjourned the regular meeting at 11:02 p.m. and entered into executive session. ATTE$T: Dor t y M. r in, City Clerk � � f Mary C. N.Jler,Mayor AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JANUARY 146 0 U N t I t - •�/iEEfINC (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on t e age ,d:a. r)i scussion wi l l be held upon request. JAN /99s' ROLL CALL OATH OV OF ICE - Counci lmember Lynn Adams CITY OF ORONO 1. CONSENT AGENDA* APPROVAL OF MINUTES * 2. Regular Meeting of December 10, 1984 * 3. Special Meeting of January 3, 1985 PARK COMMISSION COMMENTS LAKE MINNETONKA CONSERVATION DISTRICT REPORT PLANNING COMMISSION COMMENTS PUBLIC COMMENTS ZONING ADMINISTRATOR'S REPORT * 4. #874 'wane Rart:l and mrs. D. Johnstone, 1810 Shadywood Road - Variance - Resolution * S. #881 Wi 11 iam Krutzit3, 1629 Bohn's Point Road - Request for Additional Hardcover Revi.?;.j 6. #811 John Fri<:son, 1620 Shadywood Road, Denial of Appeals Petition - Resolution 7. 4849 I. D. Caples, 4798 "forth Shore Drive - Vacation of a Portion of Park Avenue within the Plat, Bergquist & Wicklund Park - Resolution 8. #783 I. D. Caples, 4798 North Shore Drive - Variance - Resolution 9. #878 Kristi and Thomas Kaul, 1900 Shor+?line Drive - Appeals Petition 10. Fence Ordinance Amendment CITY ENGINEER'S REPORT MAYOR'S REPORT CABLE TV REPORT TRANSPORTATION REPORT CITY ADMINISTRATOR'S REPORT *ll. October, 1984 Monthly and Y(-ar to Date Summaries of Receipts, Disbursements and Balances *12. November, 1984 ionthly and Year to Date Summari.�s of Receipts, Disbursements and Balances *13. Monthly Liquor Store Operating - Report - November 1984 *14. Status of 1984 Tax and State Aid Collections *15. Police Intern Request *16. 1935 Materials and Equipment *17. Golf (rouse Revenues and EXpendiLurea *1.8. Comparable north Study Resolution AGENPA FOR COUNCIL MEETING SET FOR MONDAY, JANUARY 14, 1985, 7:00 P.M. ciTY ADMINISTRATOR'S REPORT * 19. Wriflht fionnapin "oop A9reamont *20. Personnel Chan(jes Hennepin County 21. 1985 Fee Schedule - Ordinance 22. Rotation Policy on Planning Commission 23. 1985 Appointments - Planning Commission (2) Park .^_nmmi4sion (1 ) Human Ri,jhts Commission (1) 24. '-arman Stri�ot. Sewer, Rc>imburst?men` 25. I..jkt, wf7f,:,s Improvement - Spate's Av,_!nue and County Road 15 26. 199" Pa'. Eny ineer i ng S6?ry ic-(-.s CITY AOMINISTRA'roR'S LETTERS AND MEMOS CITY ATTORNEY'S REPORT ASSESSOR ROLF ERICKSON APPEARANCE - 9:39 P.M. LICENSES (28*11 BILLS ("I*) ADJOURNMr.NT COUNCIL MEETING MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 10, 1984 AGE I J.AN -/ /?gr ATTENDANCE 7:00 PM The Orono City Council met on the above elate with the following members present.: Mayor (PPTV--GR0RQN0 members Grabek, Adams, and Hammerel. Councilmernber Frahm was absent. City Engineer Cook, City Attorney Radio, Building & Zoning Administrator Mabusth, Public Works Coordinator Gerhardson, Assistant Zoning Administrator Gaffron, and City Recorder Sutton represented the City Staff. City Attorney Malkerson arrived at 10:16 p.m. The new Councilmember effective January 1, 1985, Lynn Adams, arrived at 8:45 p.m. City Administrator Benson was absent. 7:00 PM PUBLIC HEARING PROGRAM YEARS IX AND X Ut'DER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT - RESOLUTION #1702 7:04 - 7:05 PM Mayor Butler announced that now was the time and place for the public hearing concerning the program amendment for program years IX and X under Title I of the Housing and Community Development Act. City Recorder Sutton noted the affidavit of publication. There was no one present from the audience for this public hearing. Mayor Butler closed the F•hli- hearing at 7:05 p.m. Public Works Coordinator Gerhardson noted that with this amendment the City will have set aside $39,000 for the use of grant money for the Crystal Bay sewer improvements. Councilmember Adams moved, Councilmember Grabek seconded, to adopt Resolution #1702, A Resolution Amending the Urban Hennepin County Community Development Block Grant Program. Motion, Ayes (4), Nays (0). CRYSTAL BAY SEWER PROJECT DISCUSSION Mayor Butler stated that the first order of business is to accept the feasibility report by the Engineer. Mayor Butler moved, Councilmember Grabek seconded, to accept the feasibility report prepared by City Engineer Cook. Motion, Ayes (4), Nays (0). The following were present from the audience for the Crystal Bay Sewer Project: David Liesch of 1140 Willow Drive Bob Braun of 1230 Arbor Street Phil Kaley of 1295 Brown Road South Jay Wood of 1285 Arbor Street MINUTES OF THE REGULAR ORONO COUNCIL, MEETING HELD DECEMSER 10, 1984 PAGE 2 Wayne Kelley of 1099 Willow Drive South Keari Derry of 1115 Brown Road South Larry & Phyllis Symoniak of 1155 Brown Road South Margaret & Fred Curtis of 2180 Prospect Avenue Duane Glew of 1135 Brown Road South Curtis & Katherine Quady of 1223 Brown Road South Chauncey & Marvel Sandgren of 1215 Arbor Street Elvon Yager of 1223 Arbor Street Maybell Kohls of 1224 Briar Street Wayne & Judy Quast of 1205 Brown R)ad South LaDean McWilliams of 1130 Willow Drive South John Story of 1233 Briar Street. Terry Morse of 2080 Spates Avenue Mindy Pattee of 1355 Arbor Street Rick Kiemer of 1212 Briar Street Mabel Bell of 1380 Briar Street Oliver Engstrom of 1145 Willow Drive South Randolph & Peggy Lukanen of 1085 Brown Road South Alex & Diann Jentilucci of 1295 Briar Street Susan Rovegno of 2010 Shoreline Drive Mary & Jack Spence of 2040 North Shore Drive Karin Zeeb of 1245 Lakeview Avenue Norma Schnoor of 1220 Lakeview Avenue Judy Christensen of 1251 Brown Road South Barb Braun of 1230 Arbor Street Gary & Linda Printup of 1261 Briar :cam Steve Carlson of 1205 Arbor Street Jan Johnson of 2170 Prospect Avenue Barbara Garcia 1335 Arbor. Street Ardella & Richard Johnson of 1241 Bro.. 12oad South City Engineer Cook explained t 4 had realigned some of the sewer lines, and left th reets at the existing 16' to reduce the cost of the sewer project. Cook stated that the easement acquisition cost has been reduced, assuming that the neighborhood will give the City the easements. Cook stated that. the sodding has been eliminated and replaced with seeding which also helped to reduce the cost . Cook note'. that the per unit cost is $10,341.00 with the deletion of the above mentioned items. Cook noted the project cost of $597,900.00,with a restoration cost of $260,400.00for a total project cost of $858,300.00. Wayne Quast of 1205 Brown Road South asked why the Engineer showed the sewer line jacking across Brown Road twice. Quast stated that he would be willing to have the sewer line run in front of his yard to save more money on the project cost. City Engineer Cook stated that it would be more cost effective rather than tearing up the trees along the front of these properties. MINUTES OF THE REGULAR ORONO COUNCIL. MEETING HELD DECI:MBER 10, 1984 PAGE 3 Wayne Quast of 1205 Brawn Road South stated that there are no trees left. Other neighbors that live along that block were all in agreement to have the sewer line run along the front of their properties. City Engineer Cook stated with the owner's consent that this might reduce the project cost by as much as $20,000. Mayor Butler explained that the Council had previously directed the Engineer to go back and try to reduce the sewer project cost as much as possible. Butler n,-ted that if the Council was to choose the 50-50 assessment option, that the per unit cost would be $5,270.00. City Engineer Cook stated that he looked at a method of assessing the project 40 percent on the front foot and 60 percent on the unit charge. Cook stated that based on assessing 50 percent of the project to the benefitting properties, the front footage charge would be $19.80/lineal foot and the unit charge would be $3,170/unit.. Cook used an example of a small lot (50' lot) which the assessment would be $4,160 or about $1,000 less than the assessment on the total unit. Cook stated that on a large lot (2.00' lot) the assessment would be $7,030. Curtis Quady of 1223 Brown Road asked the Council why they were still discussing the 50-50 option, when the neighbors have already told the Council that they will not accept the 50-50 option. Quady stated that the neighborhood wants the 30-70 split. Gary Printup of 1261 Briar Street asked why the Art Center hasn't been included in the project yet. Printup also noted that there isn't much difference between the 50-50 option and 30-70 option. Printup asked why the Council doesn't. choose the 30-70 option. Printup noted the f igures f rom the last meeting in % ich with the 50-50 option on a $75,000 home and a $25,000 income, the general tax payer would have to pay $29.50 per year. Printup stated that with the 30-70 option it would increase only to $35.40 per year for 15 years. Mayor Butler stated that there will be other sewer projects in the future, and the Council would set a precedent for other sewer projects by using this 50-50 assessment option. Butler stated that other areas of the City have not had this benef it where the general tax payers have picked up part. of the bill. One lady stated that only about 7 percent of the homes are having septic problems. She felt that sewer was he.inq pushed on them. MINUTES OF THE REGULAR ORONO COUNCII, MEETING HELD DECEMBER 10, 1984 PAGE: 4 A poll was taken of the Council to get their opinion on the assessment of the project. Councilmember Hammerel stated that the $5,000 figure was a reasonable figure with the 50-50 option. Hammerel felt that the 30-70 option would set a negative precedent for future sewer projects. Hammerel explained that if the nei4hberhood was to try to maintain their septic systems, it would cost them much more. Councilmember Adams stated that at first he was in favor of the 100 percent assessed option, but after hearing the financial hardsh; ps cif this unique area, he would be willing to compromise at. the 50-50 option. Adams stated that the Counci 1 has to consider the future too and not set a negative precedent. Councilmember Grabek felt that the 50-50 option was being too generous. Grabek noted that it should be 100 percent assessed against the benefitting property owners, but because of the situation specific to the Crystal Bay area there should be some consideration on the part of the City and that the 75-25 option would be best. Grabek felt to obligate the general tax payer to the 50-50 option would not be very responsible to the rest of the citizens of Orono. Grabek felt that sewer should be put into the area, but that the 50-50 option is too generous, and therefore he woula vote against a motion to adopt. the 50-50 assessment option. Mayor Butler noted the schedule of the sewer project that the Council can follow. Butler stated that the plans and specs can be given to the Council on January 28, 1985, if the Council orders the plans and specs at tonights meeting. Butler stated that at the January 28, 1985, Council meeting, a date for the bids would be set. Butler noted on March 1, 1985, the City would receive bids which would tell the City the true price of the project. Butler stated that on March 25, 1985, the special assessment hearing could be held, and if at that time too many people are opposed, the whole project is called off. Butler stated assuming it will continue, April 22, 1985, the contract would be awarded. Butler noted April 29, 1985, the 7onstruction would begin with a September 13, 1985, date for the completion of the project. Butler asked the Engineer how much plans and specs would cost. City Engineer Cook noted that plans and specs would cost approximately $40,000. One lady asked how much the Art Center would lower the cost of the project, if the center was included in the sewer project. She asked that the Council investigate this. MINUTES OF Till•: REGULAR ORONO COUNCI I, MEETING HELD DECEMBER 10, 1984 PAGIi 5 City Engineer Cook stated that if the Art Centei requires 10 sewer units, it would reduce the cost of the project $1,000 per unit. Cook stated that lie isn't sure how many units the Art Center would require. Mayor Butler closed the public discussion at 9:00 p.m. Butler also noted that the public hearing must he started over if the Art Center is to be included in the sewer project. Diann Jentilucci of 1295 Briar Street stated that since this project fell within an election year, and a new member of the Council will be here in 1985, she asked what assessment option the new member is going to be in favor of , and if he would be in favor of the sewer project itself . Lynn Adams, new Councilmember effective 1985, stated that the 50-50 option is more than generous. Adams noted that he would not vote for any motion beyond the 50-50. Adams felt that if the sewer project is rejected by the neighborhood, that the septic ordinances will be enforced strictly and that the City is not interested in allowing failing and non- conforming systems to continue. Adams noted that the neighborhood has a good opportunity to get sewer at a lower cost than previous sewer project areas had. Councilmember Grabek moved, Mayor Butler seconded, to order plans and specs for the Crystal Bay Sewer Project to be received by the Council on January 28, 1985, per staff schedule submitted. Motion, Ayes (4), Nays (0). CONSENT AGENDA* Mayor. Butler moved, Councilmember Hammerel seconded, to approve the Consent Agenda*, subject to adding items #13 and #15 to the Consent Agenda and removing item #29 from the Consent Agenda 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 (4), Nays (0). APPROVAL OF MINUTES* Mayor Butler moved, Councilmember Hammerel seconded, to approve the minutes of the reoti,.lar meeting held November 26, 1984. Motion, Ayes (4), Nays (0). LAKE MINNETONKA CONSERVATION DISTRICT REPORT Theie was no Lake Minnetonka Conservation District Report. PLANNING COMMISSION COMMENTS Planning Commission Representative Bill Sime had no comments. MINUTE"; E"; OF THE It1:GU1.AIt ORO140 COUNCIL. MEETING HELD DECEMBER 10, 1984 PAGE, 6 PUBLIC COMMENTS There were no comments from the Dublic present. #778 JOANN GRIMES 4720 NORTH ARM DRIVE FINAL SUBDIVISION RESOLUTION #1703* #805 JOHN HALLSON 2640 WATERTOWN ROAD FINAI, SUBDIVISION RESOLUTION 11704* WEST #806 WILLOW PROPERTIES 2600 WAYZATA BLVD FINAL SUBDIVISION RESOLUTION #1705* #839 JEFF STEBBINS 2195 WATERTOWN ROAD FINAL SUBDIVISION RESOLUTION#1706* #879 MALCOLM MACKAY 1145 SIXTH AVENUE NORTH SUBDIVISION RESOLUTION #1707* Mayor Butler moved, Councilmember Hammerel seconded, to approve Resolution #1703, A Resolution Approving the Plat of McHaney Addition for JoAnn Grimes. Motion, Ayes (4), Nays (0). Mayor Butler moved, CouncilmemberHammerelseconded, to approve Resolution #1704, A Resolution Approving the Plat of Hallson Estates for John HaI]son. Motion, Ayes (4), Nays (0). Mayor Butler moved, Councilmemt.erHammere1 seconded, to approve Resolution #1705, A Resolution Approving the Plat of Willow Properties Addition for William Gagne. Motion, Ayes (4), Nays (0). Mayor Butler moved, Counci lmember Hammerel secondp(i, to approve Resolution #1706, A Resolution Approving the Plat of Balsawood for Jeff Stebbins. Mot ior., Ayes (4), Nays (0). Mayor Butler moved, Counci lmember Hammerel seconded, to approve Resolution #1707, A Resolution Approving A Metes 6 Bounds Subdivision of a Lot Line Rearrangement for Malcolm MacKay. Motion, Ayes (4), Nays (0). #882 THE FARM AT LoaG LAKE 1765 WEST FARM ROAD SUBDIVISION RESOLUTION #1708* Mayor Butler moved, Counci lmember Hammerel seconded, to approve Resolution #1708, A Resolution Approving a Metes & Bounds Subdivision of a Lot Line Rearrangement for The Farm At Long Lake, Inc. Motion, Ayes ( 4) , Nays (0). MINUTES Ur' THE KEGLJlAR OR0140 COUNCIL MI:f:'1'I N( I11•:13) DI:CEM11EIt 10, 1 984 PAGE 7 #804 PAINTERS CREEK 4680 BAYSJDE ROAD FINAT. SUBDIVISION A) PRIVATE ROAD NAME REQUEST Mayor Butler moved, Councilmember Grabek seconded, to approve the road name request of Luce Line Ridge. Motion, Ayes (4), Nays (0). #804 B) REFUND OF PUBLIC ROAD REVIEW FEE Mayor Butler moved, Councilmember Grabek seconded, to approve the refund of the public road review fee in the amount of $1,000,00. Motion, Ayes (4), Nays (0). #804 C) FINAL SUBDIVISION RESOLUTION #1709 Mayor Butler moved, Councilmember Grabek seconded, to approve Resolution #1709, A Resolution Approving the Plat of Painters Creek. Motion, Ayes (4), Nays (0). #816 LAKE MINNETONKA HOMES 155 WILLOW DRIVE SOUTH FINAL SUBDIVISION RESOLUTION #1710 Richard Conry was present. Zoning Administrator N,abusth reviewed with the Council the result of her survey with the cities of Wayzata, Plymouth, and Minnetonka Beach on their methods of the timing for issuing certificate of occupancies and building permits in relation to the completion of required plat improvements. Mabusth stated that she hay added a condition to the resolution which should take care of the seeding and sodding condition if the weather does not allow seeding or sodding. Richard Conry stated that the zevised resolution is acceptable to him. Councilmember Grabek moved, Mayor Butler seconded, to approve Resolution 01710, A Resolution Approving the Plat of Countryside Manor 2nd Addition. Motic-n, Ayes (4), Nays (0). #820 LONIE FISK 493 PARK AVENUE VARIANCE DENIAL RESOLUTION #1711* Lonie Fisk was nct present. Mayor Butler moved, Councilmember Hamm,�rel seconded, to approve Resolution #1711, A Resolution Denying variances foy Lonie Fisk to permit the construction of a home. Motion, Ayes (4), Nays (0). MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 10, 1984 I -AGE. 8 1874 DUANE BARTH i MRS D JOHNSTONE 1810 SHADYWOOD ROAD VARIANCE Mrs. Donald Johnstone and attorney, Glenn Troberg, were present. Duane Barth and Donald Peterson, developers, were also present. Barry Reuh, realtor, was present. Charles Pyle of 1870 Shadywood Road, Hol ly Eiss of ] 790 Shadywood Road, and Richard Black of 17170 Shadywood Road, were in the audience for this application. Assistant Zoning Administrator Gaffron noted that the Planning Commission recommended denial. Gaffron noted that staff feels that the findings for approval far outweigh the justification for denial. Gaffron noted that in the research through the assessment history of the two lots, the two lots have been taxed as two separate building sites. Gaffron noted that when a home is built on Lot 21 the existing garage will be removed. Gaffron explained that both lots have been assessed a footage charge and a unit charge for water which indicates to staff that they were considered as two separate building sites. Gaffron noted that the developers propose a "grass paver" method for the driveways therefore meeting the hardcover require- ments. Gaffron stated that the proposal fits in with the rest of the neighborhood. Holly Eiss of 1790 Shady —, f-I Road state? that she was rot in favor of the application because she doesn't want a new home 20' from her window. Eiss stated that she would prefer no one out her window. Richard Black of 1770 Shadywood Road noted that the Council has an obligation to the neighborhood to uphold the variance rules and regulations. Black stated that variances should be granted only i.n the most exceptional circumstances. Black noted that approv- ing this variance would set a precedent that would not bP good for the neighborhuud. Don Peterson, developer, noted that Mrs. Johnstone has maintained this property separately with the intent to build on it in the future. Peterson noted that there are 39 lots in the neighborhood, 23 t-nts are smaller than the this one, 15 lots that are larger. Peterscn stated that they are proposing to cover less than 25 percent of the lot and are planning to meet all building requirements. Peterson stated that they are asking for no other variances other than that of being allowed to build on a lot_ that was platted prior to the City's current ordinances. MINUTP5 01•' '1'111: REGUTAR ORONO COUNCIL, MEETING HELD UECEMIjFR 10, 1984 PAGE 9 Glenn Troberg, Johnstone's attorney, noted the Smith variance application which seta precedent when Council approved it on March 15, 1984, which is identical. to this with the following findings: 1. No other land zvai Table. Troberg noted that in the Johnstone's case there is no lard available. 2. Lots were developed on both sides of the property. Troberg noted this is the same in the Johnstone's case. 3. Property was served with sewer and water. Troberg stated that the Johnstone's property is served with sewer and water. 4. Proposed house and improvements can be constructed without the need for additional variances. Troberg stated that this is the case with the Johnstone's application. 5. Applicant purchased the property not knowing the existing ordinances. Troberg noted that :n the Johnstone's case, the applicant had the property a long time before the existing ordinances were adopted. 6. Granting a variance would have no negative affect to the public health, safety and welfare. Troberg stated that here the Johnstone's application would have no negative affect. on the public health, safety, and welfare. 7. Granting a variance would be consistent with the area. Troberg st--.ited that the Johnstone application fits right in with the existing neighborhood. Councilmember Grabek :oved, Mayor Butler seconded, to approve avariance for Barth/Johnstone and direct staff to draft a resolution of approval incorporating the following findings: 1. The proposal canmeet. all hardcover requirements of the LR-lC zoning district. 2. All setback requirements for the new lot can be met. 3. From the tax record it appears that the lot has been valued and assessed as a separate lot, not incrementally as part of the adjacent property. 4. The applicant has owned the property since before the current zoning went into effect. MINUTES OF TJJE RKGULAR ORONO COUNCIL, MELTING IIE LD DECE:M111a4 10, 1984 PAGi. 10 5. The property has been assessed for sewer. 6. The property has been assessed for water and was assessed a separate water unit for each lot. 7. The lot area is consistent with many other properties in the neighborhood and is equivalent to or larger than 11 of 25 lots it the neighborhood. Approval conditions to include: 1. Granting a variance to the setbacks for the existing house on Lot 22. 2. No other performanrP standard setbacks allcwed for either lot (i.e. both lots must rri,�et all hardcover and setback requirements). 3. Payment of a park fee for new lot in the amount of $430. 4. $225 sewer plant charge to be paid with building permit along with standard SAC charges, etc. 5. Applicants to L.2ar the expense of bringing sewer and water to the property if no stubs exist. 6. t•iaximum hardcover of Lot 21 to be 2, 2.80 sf including roofs, decks, driveways, sidewalks, patios, terraces, etc. 7. Applicant placed on notice of the hardcover limitations for both lots. 8. No other variances will be granted. Moti olt, Ayes (3) , Nays (1) . Counci lmember Adams voted nay. Adams felt that this application is beyond the borderline for approval, and that the Council has to draw the line somewhere. Mayor Butler noted that the resolution should be filed in the chain of title of both lots. i880 STEVEN RUCE 4625 WEST BRANCH ROAD CONDITIONAL USE PERMIT RESOLUTION 1.712* Mayor but I e r moved, Counc i lmember Hammer e I seconded, to approve Resolution 11712, A Resolution Granting A Conditional Use Permit to permit construction of a green house with limited commercial use. Motion, Ayes (4), Nays (0). MINUTES OF T11F REGULAR ORONO COUNCIL, MEETING HELD DECEMBEk 10, 1984 PAGI,. 11 #881 WILLIAM KRUTZIG 1629 BOIINS POINT ROAD VARIANCE William Krutzig was present. Assistant Zoning Administrator Gaffron noted that some drainage problems are in the process of being resolved to the satisfaction of the City. Gaffron noted that the applicant is constructing a new residence. Gaffron stated that after the applicant applied for a building permit, he was notified that portions of the proposed improvements would go over the hardcover limitations for the property and that he would have to apply for a variance for these specific items. Gaffron stated that the applicant is requesting a variance for the deck and courtyard improvements. Saffron noted that the driveway would be constructed with a porous pavement in order that the hardcover requirements be met. Gaffron noted that the applicant's rationale f or requesting the variance is that a large portion of the lot is in the 250'- 500' zone and will have no hardcover where 30 percent is allowed, hence the total reque . ?d hardcover behind the 75' setback line will be less than the maximum allowed. Gaffron noted that this type of tradeoff has been allowed in the past where there was existing hardcover but not for new construction. Assistant Zoning Administrator Gaffron noted that Planning Commission recommended denial. Gaffron also noted the sewer problems. Gaffron explained that the neighbors at some time in the past put their sewer lines on Krutzig's property. Gaffron noted that the neighbors do not appear to have legal easements over this property. Gaf f ron noted that all the neighbors do think they have easements over the Krutzig's property. Gaffron stated that the drainage onto this property is naturally occuring and Sri 11 have to be addressed by the applicant.. William Krutzig noted that the existing easement documents were in good intent, but the wording is not sufficient to male them adequate easements. Krutzig stated that Mr. Fox do.-sn't have an easement but has the right to hookup. Krutzig stated that Mr. Lomar has no sewer easement across his lot. Krutzig noted that he plans to grant easements for the neighbors. Assistant Zoning Administrator Gaffron also noted that on Friday, December 7, 1984, the site was posted with a stopwork order for f i I ling within 75' of the lakeshore. Gaffron explained that the cat operator was told by his supervisor to do the grading. Gaffron noted that the cat operator responded very quickly in removing the fill. Gaffron felt that there was not an intent not to comply with the ordinances, but just miscommunication amonq the contractors. MI NUTF!: OF TIII REGULAR ORONO CO,JNC I I. M1:1 TIM,; HN:LD DECENI{IA, 10, 1'3fi4 PAGE 12 William Krutzig stated that he could redirect the drainage down the property line and create a Swale. Krutzig also noted that the drainage could be redirected from the roof to collect in a retention pond. Krutzig explair,ed that when he came into City H,.11 he was not aware of hardcover limitations. Krutzig noted that at the time he found out about the hardcover problem from staff, he had already spent $6,600 on building plans. Krutzig stated the staff recommended that he scale the house down and go two stories high. Krutzig stated that aft`r spending $6,600 a builder just doesn't throw that aside at. ; waste than. money, so he continued. Krutzig questioned the City's interpretation that decks are 100 percent hardcover. William Krutzig asked for an interpretation from staff or Council on why decks are considered hardcover. Assistant Zoning Administrator Gaffron noted that usually decks have plash- underneath them so that weeds do not grow through the decking. Gaffron statc1 that board spacing varies from deck to deck and could become a policing nightmare if the staff had to inspect each deck to determine if it was hardcover or just a certain percentage of hardcover, therefore the City just considers decking as 100 percent hardcover. Krutzig :.,+ -+ted that he was planning on having 1' of sand beneath his deck which should not classify it as hardcover. Krutzig stated that he could go to an engineer to get percolation tests done to show to the City that decks should not be considered hardcover and may prove to to only a percentage of hardcover. Council felt that they would take this into consideration if he brought the information needed. Councilmember Grabek moved, Councilmember Naams seconded, to deny the Krutzig variance application requesting a hardcover variance to construct a deck and courtyard improvements based on Planning Commission's following findings: 1. At the time of application, the applicant was informed by staff fully of the hardcover limitations within the 75-250' setback zone. This is a substandard lot in area and slightly substandard on lot width. 3. It is a low loc that provides hydrailic capacity for the drainage of adjoining properties and the building department should address that issue. M1NLITE:: OF TIII: REG(II.nl: OItC)NO Cojmc11. MEL.TIN( ill:l.Y) I)ECEMI{I:k 10, 1484 I'AGr 13 4. An adequate house for this lot could have been constructed, meeting the 4,595 sf of allowed hardcover in the 75-250' zone. 5. That the additional hardcover is not necessary to maintain a substantial property right. 6. This problem of har?col,er was brought on by the applicant. Motion, Ayes (4) , Nays (0 ) . Grabek noted that it is the responsibility of the builder to ask the right questions and get the correct information regarding zoning and building codes before building. #854 G. ROBERT JOHNSON 1981 FAGERNESS POINT ROAD CONDITIONAL USE PERMIT RESOLUTION 11713 G. Robert Johnson was present. City Attorney Radio stepped down from his City Attorney position because of a conflict of interest wherein Robert Johnson anu Tom Radio are employed by the same firm, Popham, Haik & Associates. Gary Larson, attorney, was hirers by th- City to represent the City of Orono for this application. Assistant Zoning Administrator Gaffron explained that this is an after the fact application wherein the applicant constructed retaining walls, planters, and steps within the 1-75' lakesr-)re setback zone. Gaffron stated that ttie apparent %:learing of trees within the 0-75' setback zone were done by the previous owner per the previous o% ner' s letter. Gaf f ron noted that Johnson had thought that the contractor had taken all the permits needed. Gaffron stated that one solution to the hardcover is to use a pitchfork to pierce the plastic beneath the rocks. Councilmember Grabek asked staff if the City would have granted Johnson the permit if tie had come into the offices before he commenced work. Assistant Zoning Administrator Gaffron replied that Johnson would have had to apply for a variance for hardcover. Gaffron stated that upon staff investi- gation the steps were existing and that Johnson only replaced the steps. Gaffron noted that there isn't an increase in hardcover because of the added retention capacity of the planters. Gaffron did note that the Public Works Coordinator recommends the retaining walls be moved out of the right of way. MINUTES OF T111% ItI:GUl.Al% 0I10140 COUNCII, MIA-:TING 111:I.f) DECI:MIkER 10, 19114 PAGI: 14 Robert Johnson noted that his property has had no increase in hardcover. Johnson noted *hat he thought that Niccum, contractor, had taken all the permits needed from City Hall. Johnson noted that the erosion on his property was f ierce and that something had to be done. Johnson stated that only the diseased elm was removed. Public Works Coordinator Gerhardson stated that he as a staff person cannot approve anything within the right of way. Gerhardson stated that leaving the stairs in the right of way would be acceptable only if the applicant doesn't hold the City responsible for pl:,,ring damage, and would grant the City a hold I-arr.iless agreement. Councilmember Grabek documentation that he violation regarding the that there wasn't much already existing. tree done stated felt that there ..usn't a cutting. GraL-ek noted to the area that wasn't that fro 1 the Councilmember Grabek moved, Councilmember Hammerel seconded, to approve Resolution #1713, A Resolution Grantinq A Conditional Use Permit and Variance for an after -the -fact application of Robert Johnson to allow the placement of retaining walls, planters, and stairs within 75' of the lakeshore, subject to amending condition #15 to include a hold harmless agreement from Johnson rega- a the retaining walls within the right of way, and _ ,.plicant to sign such hold harmless agreement. Motion, Ayes (3), Nays (1). Mayor Butler voted nay. WATER RATE REVIEW City Engineer Cook stated that this was included in the Council packets upon receipt of a complaint from an Orono resident regarding his high water bi 11 . Cook did note that this resident has a swimming pool which resulted in his high water bill. EASEMENT PAYMENT NAVARRE FORCE MAIN PROJECT* Mayor Butler moved, Councilmember Hammerel seconded, to approve the easement payment for the Navarre Force Main Project $230.20. Motion, Ayes (4), Nays (0). MINUTES OF THE REGULAR ORONO COUNCIL. MEETING HELD DECE:MBER 10, 1984 PAGE 15 PAYMENT #2 TO B 6 D CONTRACTING - NAVARRE FORCE MAIN PROJECT* Mayor. But lermoved, Councilmember Hammerel seconded, to appcovr tlayment #2 to B & D Contracting in the amount of $37 1 for the Navarre Force Main Project. Mo ayes (4), Nays (0). PAYMENT 11 F F JEDLICKI HIGHWAY 12 SEWER REPAIR 6 DITCH GRADING* Mayor Butler moved, Councilmember Hammerel seconded, to approve Payment #1 to F.F. Jedlicki, Inc. in the amount of $11,685.00 for the Highway 12 sewer repair and ditch grading project. Motion, Ayes (4), Nays (0). CABLE TV REPORT LIQUOR STORE OPERATING RESULTS - THREE MONTHS ENDED 9-30-84 ESTABLISH 1985 SALARIES RESOLUTION i1714 1985 CALENDAR* COUNCILMEMBERS SCHEDULE TO ATTEND PLANNING COMMISSION MEETINGS* MONTHLY LIQUOR STORE OPERATION REPORT FOR OCTOBER, 1984* Mayor Butler announced a Cable TV Meeting to be held December 11, 1984 at 5:30 p.m. at Shorewood City Offices. Councilmember Adams moved, Mayor Butler seconded, to approve the liquor store operation results report prepared by Finance Director Kuehn. Motion, Ayes (4), Nays (0). Mayor Butler ncted the resolution to establish the salaries for 1985 with a four percent increase for employees. Butler told staff that merit reviews should be done in June. Mayor Butler moved, Councilmember Grabek seconded, to approve Resolution #1714, A Resolution Establishing 1985 Salaries. Motion, Ayes (4), Nays (0). Mayor Butler moved, Counci ]member Hammerel seconded, to approve the Calendar of City Meetings for 1985. Motion, Ayes (4), Nays (0). Mayor Butler moved, CouncilmemberHammerelseconded, to approve the Councilmembers schedule to attend Planning Commission meetings for 1985. Motion, Ayes (4), Nays (0). Mayor Butler moved, Councilmember Hammerel seconded, to approve the monthly liquor store operating report for October, 1984, prepared by Finance Director Kuehn. Motion, Ayes (4), Nays (0). MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 10, 1984 PAGE 16 YEAR-TO-DATE ESTIMATED REVENUES COMPARED TO ACTUAL REVENUES AS OF 9-30-84* Mayor Butler moved, Councilmember Hammerel. seconded, to approve the year-to-date estimated revenues compared to actual revenues as of September 30, 1984, prepared by Finance Director Kuehn. Motion, Ayes (4), Nays (0). YEAR-TO-DATE BUDGET APPROPRIATION COMPARED WITH ACTUAL EXPENDITURES AS OF 9-30-84 Councilmember Adams noted that he had this item removed from the Consent Agenda because he felt there was a mistake in the numbers and asked that this item be tabled to allowed staff time to check into the matter. Councilmember Adams moved, Councilmember Hammerel seconded, to table the budget appropriation report . Motion, Ayes (4), Nays (0). MATERNITY LEAVE POLICY* Mayor Butler. moved, Councilmember Hammerel seconded, to approve the maternity leave policy for the Police Department. Motion, Ayes (4), Mays (0). COMPARABLE WORTH STUDY* Mayor Butler moved, Councilmember Hammerl seconded, to approve the memo from Assistant Finance Director Lattin regarding the comparable worth study to be done by Control Data Corp. Business Advisors. Motion, Ayes (4), Nays (0). INSURANCE AWARD* Mayor Butler moved, Councilmember Hammerel seconded, to award the insurance bid to League cf Minnesota Insurance Trust for the amount of $75,050.34. Motion, Ayes (4), Nays (0). 1985 SQUAD CARS* Mayor Butler moved, Councilmember Hammerel seconded, to approve the purchase of three 1985 squad cars at $10.884 per unit from Elk River Ford -Mercury, Inc. with an estimated trade-in amount of $2,500/car for a total of $27,700 for all three cars. Motion, Ayes (4), Nays (0). RESOLUTION 11715 UNCOL AICTABLE NSF CHBCRS* Mayor Butler moved, Councilmember Hammerel seconded, to approve Resolution #1715, A Resolution Declaring Certain Checks Uncollectable and Removing them from the Various City Accounts. Motion, Ayes (4), Nays (0). TRANSFER OF FUNDS LIQUOR OPERATING FUND TO GENERAL FUND* Mayor Butler moved, Councilmember Hammerel ed, to approve the transfer of funds f-- the liquor operating fund in the amount of $15,0 o the general fund. Motion, Ayes (4), Nays (0). MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 10, 1984 PAGF. 17 TRANSFER OF FUNDS GENERAL FUND TO IMPROVEMENT & EQUIPMENT OUTLAY FUND* Mayor Butler moved, Councilmember Hammerel seconded, to approve transfers of funds from the General Fund to the Improvement and Equipment Outlay Fund in the amounts of $20,000 and $17,604. Motion, Ayes (4), Nays (0). TRANSFER OF FUNDS GENERAL FUND TO BUILDING CAPITAL PROJECT FUND* Mayor Butler moved, Councilmember Hammerel seconded, to approve a transfer of funds from the General Fund to Building Capital Project Fund in the amount of $20,000. Motion, Ayes (4), Nays (0). TRANSFER OF MWCC DEBT - SEWER OPERATING FUND TO SEWER DEBT FUND* Mayor Butler moved, Councilmember Hammerel seconded, to approve a transfer of the MWCC Debt Service Credit - Sewer Operating Fund to Sewer Debt Fund 1966-1976 in the amount of $16,334. Motion, Ayes (4), Nays (0). LOAN PAYMENT - ADMINISTRATIVE VEHICLE* Mayor Butler moved, Councilmember Hammerel seconded, to approve a loan payment in the amount of $1 , 454 from the General Fund Administration Department to the Equipment Outlay Fund as the fourth and final installment to repay the cost of the 1980 Ford Fairmont. Motion, Ayes (4), Nays (0). LOAN PAYMENT - TRACTOR/LOADER/BACKHOE* Mayor Butler moved, Councilmember Hammerel seconded, to approve a loan payment in the amount of $7,244 from the General Fund Street Department to the Equipment Outlay Fund as the fourth of seven installments to repay the cost of the 1981 Ford 750 tractor/loader/backhoe. Motion, Ayes (4), Nays (0). LOAN PAYMENT DUMP TRUCK* Mayor Butler moved, Counci lmember Hammerel seconded, to approve a loan payment in the amount of $4 , 650 from the General Fund Street Department to the Improvement and Equipment Outlay Fund as the second of five installments for the GMC dump truck. Motion, Ayes (4), Nays (0). LOAN PAYMENT - SEWER OPERATING FUND* Mayor Butler moved, Councilmember Hammerel seconded, to approve a loan payment in the amount of $5 , 000 f rom the Sewer Operating Fund to the PIR Fund as final payment of the $50,000 loan. Motion, Ayes (4), Nays (0). MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 10, 1984 PAGE 18 NAVARRE WELL LOAN PAYMENT WATER OPERATING FUND TO SEWER OPERATING FUND* Mayor Butler moved, Councilmember Hammerel seconded, to approve the fifth and final loan payment in the amount of $2,017 from the Water Operating Fund to the Sewer Operating Fund. Motion, Ayes (4), Nays (0). NAVARRE WATER TOWER LOAN PAYMENT - WATER OPERATING FUND TO SEWER OPERATING FUND* Mayor Butler moved, Councilmember Hammerel seconded, to approve the third loan payment in the amount of $4,642 from the Water Operating Fund to the Sewer Operating Fund. Motion, Ayes (4), Nays (0). CITY ATTORNEY'S REPORT City Attorney Radio recommended that the personnel matters be discussed in executive session. At the recommendation of the City Attorney, Tom Radio, Council directed staff to draft a memo to the liquor store manager stating that discounts to City Employees and elected officials are not to be allowed unless that same discount is offered to the general public. BILLS* Mayor Butler moved, Councilmember Hammerel seconded, that the A] 1 Funds Accounts and Liquor Store Accounts be paid. Motion, Ayes (4), Nays (0). ADJOURNMENT 11:45 PM Mayor Butler moved, Councilmember Adams seconded, to adjourn the regular Council meeting at 11 :45 p.m. and to enter into executive session. Motion, Ayes (4), Nays (0). ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor COUNCIL MEETING Page 1 JAN -14( / 9 -gS MINUTES OF THE. SPECIAL ORONO COUNCIL MEETING 11EL1t.jTYA ff 312)RONQ ATTENDANCE 7:00 PM The Orono City Council met on the above date with the following members present: Mayor Butler, Councilmembers Grabek, Tim Adams and Frahm. Councilmember Lynn Adams was absent. City Attorney Radio, Public Works Coordinator Gerhardson and City Clerk Hallin represented the City Staff. City Administrator Benson was absent. OATH OF OFFICE City Clerk Hal lin administered the Oath of Office to Mayor Mary Butler and Councilmember James Grabek. PLANNING COMMISSION APPOINTMENTS Councilmember Grabek moved, Councilmember Tim Adams seccnded, to reappoint Ed Callahan, and appoint Paul Taylor and Denny Pederson to the Planning Commission for three year terms. After much discussion regarding the policy of rotation by Planning Commission members Councilmember Tim Adams withdrew his second to Councilmember Grabek's motion. Al 1 Councilmembers agreed to remove the motion. Councilmember Grabek moved, Mayor Butler. seconded to reappoint Ed Cal 1ahan to a three year term and leave the other two positions open for review by the Council at a future- me(-ting. Motion, Ayes (4), Nays (0). Council requested a news item be placed in the paper stating that the City is looking for people who are interested in serving on Commissions. PARK COMMISSION APPOINTMENTS AND HUMAN RIGHTS COMMISSION Councilmember Grabek moved, Mayor Butler seconded, to extend the terms of Virginia Sweatt and Paul Taylor on the Park Commission and to extend the terms of Donna Carlton and Mary Rivers on the Human Rights Commission. Each appointment is for a three year term. Motion, Ayes (4), Nays (0). MINUTES OF THE SPECIAL ORONO COUNCIL MEETING HELD JANUARY 3, 1985 1985 APPOINTMENTS AND DESIGNATIONS RESOLUTION #1717 Counci lmember Frahm moved, Mayor Butler seconded, to appoint Ed Callahan Chairman of the Planning Commission, and Charles Kelley Vice -Chairman of the Planning Commission. Mayor Butler second alternate to the MCWD - Painter's Creek & Katrine/Advisory Committee. Tom Frahm representative to West Tonl-a Senior Citizens. J. Diann Goetten and Barbara Peterson to remain on the Advisory Committee Noerenberg County Park. Staff to contact Brad Van Nest to confirm his interest as the City representative to the Southwest Sanitary Sewer District and MCWD - Painter's Creek 6 Katrine/Advisory Committee. Motion, Ayes (4), Nays (0). RESIGNATION - JOHN PIELOW Maynr Butler moved, Councilmember Adams seconded, to accept the resignation of John Pielow and the payment of $1,208.21 for accrued vaction pay. Motion, Ayes (4), Nays (0)• Council requested a policy recommendation from the Police Chief regarding accrued vacation for his department. REQUEST SERVICES OF MINNESOTA POLICE RECRUITMENT SERVICE Mayor Butler moved, Councilmember Frahm seconded to secure the services of Minnesota Police Recruitment Service to recruit a police officer. Motion, Ayes (4), Nays (0). BILLS Councilmember Frahm moved, Councilmember Grabek seconded, that the All Funds Accounts and Liquor Stcre Accounts be paid. Motion, Ayes (4), Nays (0). ADJOURNMENT 7:42 PM Councilmember Grabek moved, Mayor Butler seconded, to adjourn the special Council meeting at 7:42 p.m. and to enter into executive session. Motion, Ayes (4), Nays (0) . AT'rEST : Dorothy M. Hallin, City Clerk Mary C . Butler, Mayor .1:11111.1►'Y l 'l , t'lilr 0611111ely-51 C't}f —c1r-nr,n 33li`'i Crystal 6;%v 2nar1 '•li nnesnta 5�191 Thi s inrm:►1 retpeR1: to t,:►r, i v Cr!+rllci 1 F)f (1; Vlll thai. illy comrlai►►t njvat:!Rt ►:nrtain rlin::ncr• vir`l:+t.ir•rls by '•'r. Karl jo'insn!1 of 319'i r:ryst-i! +v 'ill., he I A0 and our lays '►r• •snfnrrefl. l'hr; viol Iti+Iris are: it leFRI storype "of :An r+lri truck aurl an civer- six►+A-lrnat nrtxt to our lilt Inr+ in the front vRr►i. Fe i l l Nr;R l axcavn t l n:1 of t`iv hillsi0e, tlP huti,4top cif a retaininp, wall a. tlin. lavint; .town of harr!cover wit' -in 75 fp"t of .1+:r laU: shnre. Thrae were al t rini►e with•,ut pi-ri +tir permits, variances or rermi sni-r. PlP.RSP. CC1+Rir'1!1' nnr. r%f tliv f0 in4!i:!i: 1•loti i!ls (lr �r)rrlr' other nprrnrriate .Iiract•ive: A . ) ThRt CI.ty `taft' should tick^t '!!•. Jo'1::srn for the prnen.rlinp vi.niatkons (R1u1 I!ave it up t'+ ?rr. .Tollnsn11 to r-itMQr comply with thr• law rir to apply fnr prnt►r!r t•l-ilr'il►r; I-prnlits :%11:1 v:1:•iRn+•rs, +:r �•) l•ilni trffici;►l lv I'laCc"! nn t►►r` I I:.ri)Itn,• ;.1ur!1i5Fin!+': .in.::tart' to i.%Rvn t.hr+S4 r,na't►laints broil! Rlr.►►r. with tliv si:•1ils+r caee of ` r. "ic:-s►r1 1lPr's nvvrsi I/ORt. ank r.0 ar.r1 :5i11cr?'#I w �1 1 � i" January 5, 19A5 -e C fi ct� ro: 01"107A► CITY OF'F I C i \i FROM` CONCNIINKI) C1Tl/.1-:15 ur (!ItONO W1s, TILE UNnEIHIG-0,1) CITILSki OF OIIOKU, EXPECT UUN ELECTED OFFICIALS 1'0 ENFU9CE OUlt CITY'S LA4j iliTC!l WMIE Ei%.A(;TEi) TO PROTECT T►ll; TNCE(;Itll'Y OF UUk AN.) LAKE: MTNNF.rONK%. .iE ')I!) :4o'f I11VF,•il' lip KXP�NSIVE 1101ES IN THi: CITY OF ORONO JUST TO 5EE A SMALL M11.011ITY VIOLATE UUN RIGHT TO A rl %,IN rOMMUNITY i%'n E.:vvmoNmEv*r. SPECIFICALLY, ► E WA1►T OUR LAWS HEGAII:)ING TIM STOIIAG� 0 OVERSIZE') l3UA rS IN ►tE'SI )' XTIAL NEIGH-i0I41100U5; 1.U'C-LIaF. SET RACK RE:1UIR FM",KTS; AN') VARI)-COVE II IiI;STIIICTIUNS ENFURCLO. 1•!A. KA►iL JOFI1'SU`' OF 3393 C;IYSTAL ILLY I'A. ANh MR. HIC►IAIt_) ELLER OF 2655 5vTA0')Y;r000 RI). OPENLY V11�1..ATM OUR CITv'S LAWS Ann OU'l ►IIGt11'S AS rTTtzr!i5. oVvt5Iz5!) EIoATs S►tOUl.n nE REMOVE!) A%►) ANY %XCAVAT60 1..1\!) .Trynk 750 or THE SHORELINE OF LAKE MINNETONKA SHOULD 114, 14EST0RhO TO ITS ORIGINAL. Cmii CTON (te. IIAHICOVEH )ILMOVED AN!) NATURAL SLOPE Alin Son RES,roi)E')), T!1E PFiECROI*X, Ti ESPECIALLY THOUBLING rN LIGHT OF THE FACT T►IAT TI1F'sSE OVI;l+tiIZ ;) ilOATS rAN 116 li r0kEl) FUR AS LI"1'TLF. AS 44100 AT A NEA►I'iY MARINA (HU:►'ARn•5 P01 '.T MAPINA). --------------------------------- 11TE ------ NAME ------------------- ----------------------------------------- ---------------------------------- A004F. 13 ----------- PFIONE -------p---- ZZ - (fl fs•i tic v%vim._ �_ .� / % �f r - r .? !v .S. � �( � Ito t r 1":�/"{• �i �► '/�/ %/: L IV 2 -7 10 ('Xi.. s -it r �-�,/ y �� 1 /15 Jonuary 5, 19R5 TOt OP.ONO CITY OFWIC1A1 FAOMe CONCEIINE!) C1T14ENS Of OHOIvu 11Eo VIE UNDERSIGNEU CI r1%ENS OF 0110NO, F;?(L'wr OUR ELECTED) OFFICIALS rO ENFORCE OUR LITY'S LAWS 1rI1IC11 WE11F. ENACTED TO PROTECT THE INTEGRITY ON OU11 1VF.IGIM01411000S AND LAKE MINNETONKA. WE DTU NOT INVEST 1N N'XPENSIVE HOMES I,N THE: CITY or Of10N0 JUST TO :FEE A SMALL MP:01IT'rY VTOLATE OUN RIGHT TO A CLEAN COMMUNITY ANU LAKE GVVTRONMENT. SPECIFICALLY, WE WANT OUR LAWS REGAI'MI NG THE STORAGE OF OVERSIZED BOATS IW RESIDENTIAL NETGIII 0114110OU5) LOT —LINE � SET BACK llE:2LITIlEMFXTS; AND HARD—COVEII l4ESTNICTIUN5 ENFOIiCEu. MA. KARL JOfINSON Or 3393 CRYSTAL. I)'1Y 111). AND Fill. RICIIAPD ELLER OF 2f,SS SlIA09YWOOD Rh. OPENLY VIOLATI. OUN CITY'S LAWS AND OUll 11TCHTS AS CITT'LF,\S. PlVfn OVERSIZ61) ISOATS SHOULD 11E 1i-MOVE'D ANI) ANY F.\CAVATIs1) I.Axl) ;vIT'llt\' 75' OF Tlili SHORELINE OF LAKE 71\ETIIKKA 51101111► 111-, 11ESTO41-.1 TO TTS ORIGINAL COht1I'rIOP: (ie. 11AIII)COVM:II ;ic.'100,I11 AND NAT1114AL SLOPE ANT) SOD TlES'r011[i')) . THE PREC EnI \(, T S srECI ALLY THOU1ILI N1's TN LIGHT OF THE. FACT THAT THESE, OVEt1S1Zt;n MOATS r.AN 11F. S1'OHEI) F011 A LITTi.;: AS $1 00 AT A NEAlViY MARINA (HOWIX14 -S POINT MAR11YA) . � ---------------------------- -------------.---------------------------- 1? !: NAME AU1)1;F:SS P11ONF, .----- -- •-----7=----a-------- ------------------------ ••--------- LWA f /e 1.4 Ile Z23 _ �.�r• - - - IA 1--Ma -9/0 January 5, 1985 TO) Uf►Ut1U riTY OFFICI \1 :• FROM$ CONCEICNI-.") CITI /.F.`.-5 ur (MONO wE, TIIE UNOEIciI(iNED (;111Z!ki OF 040-0, 'NAPECI OUlt ELF.CTE,) OFFICIALS rU ENFU'tCE OUR CIl'Y'S LX%-i +!11C!1 %;tat, hhACTEJ TO ;'HOTF.CT V1 [NrEc-111rY Of UVI; ,�M;Ic:'Irsc)It{IUUt1;i it:%J LAKE; MINNETONKA. 'iF 1T'I ..or inV';ir 11 1-.U"-,%:11VE UUI•I,:y 1 . .'TIC CITY OF 0110NO .JUil 1'U sFj., ,► imm.l. mI'.om l'Y VIOIXrE, UUt, HIG11T rU s1 CI.R,i% r'om?6a;%11'Y vv) 1.,1hw; t.:oVI1tUNAl;w'l'. SPECIFICALLY, WE WANT U1111 LA'I';i NEt;A'I ►) ;o(; 111F s lojlAul-, O OVF,RSI7.?') 13OAr.i IN 't4'`iT )tsA1'T:11. tiElt;+l•It.,;(i1OU11ii LUT—I.I:iR sEr I+ACK Ilk AN,) nAIII)—('U\'-;-i ItF-),rmcriU,VS F:vMUi1CF,,) MR. KA'tl OF -5393 t1l1'Sm I11\' I' ►. AN') •114. NICIIAN!) F,LLF,'( OF 2655 14+). 0V1-,N1.Y UUIt C1TY'S LAWS A\n 011i( ►tl,;lITS •15 rt + UVF;ljT/.T-;') IloAfa SIIOULU BE AV) ANY ••.\GAVAIKI) I V0) .0 PIP, 7r.' Ur Tilk S110nEL1-%E OF LAKE `l1.N;%E'r0*xK \ 040VI. ► I'•, 10-ST04K) TO Tr.,; OQTGINA1. CON-)[ rT(t?k. (le. 11 \i,$)COV"14 NATU•tAl ILUI" ANn Son �►i:',rOit�.') 1 . THE Plt !,'� )I'r. I : .;iPECI•\I.I.Y i'Itc)U,tI.I.rI. t'. I,l(.Ilr of 'Tilt; FACT TI)AT I' * 5'•: O ' :1 %';') 110ATs r,1v stk 'i ft,,c'•;) FUN Ai LITTLE: AS ,;100 .\r l 1' ,1' "►ItTNA ISM .r FIAi>Tv1). NAME 1 1111ONF Q- - - - - -- P,ZS'��j��;-lays qua ------ Vie- jSBG- � 6Q(4A4. ,or At L.Ws r1Aderf "cAw 01t/f4-1C (A)'Ay2AtMOw- f 0 _O t_Q- 'I>[ u ca VE'rEAs6-t j Z3 Z 8 O L ,,.s_ 4 vtf _ - --- 4-1 /l Axe, 2 Cf 8 z� COUNCIL MEETING ,4 JAN CITY OF ORONO TO: City Council FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: January 4, 1985 SUBJECT: #874 Duane Barth & Mrs. Donald Johnstone, 1800-1810 Shams ywood Road - Variances - Resolutions - Consent Agenda Item* List of Exhibits Exhibit A - C'ouncil Minutes of December 10, 1984 Attached are resolutions regarding the two Johnstone lots on Shadywood Road. I have drafted a resolution to be filed in the chain of title of each property for the sake of clarification. The resolutions stipulate which variances are granted and limit the hardcover on each prope-ty. . "1z OF THE REGULAR ORONO COUNC11, MEETING HELD DECEMBE:R 10, 1984 PAGE P i874 DUANI: BARTH 6 MRS D JOIINSTONF 1810 SHADYWOOD ROAD VARIANCE Mrs. Donald Johnstone and attorney, Tenn Troberg, were present. Duane Barth and Donald Peterson, developers, were also present. Barry Reoh, realtor, was present. Charles Pyle of 1870 Shadywood Road, Holly Eiss of 1790 Shadywood Road, and Richard Elac.k of 1770 Shadywood Road, were in the audienco for this application. Assistant Zoning Administrator Gaffron noted that the Piannir.a Commission recommended denial. Gaffron noted that staff feels that the findings for approval far outweigh the justification for denial. Gaffron noted that in the research through the assessment history of the two Ices, tf-e two lots have been taxed as two separate building sites. Gaf f ron noted that when a home is built on Lot 21 the existing garage will be removed. Gaffron explained that both lots have b. 2n assessed a footage charge and a unit charge for water which indicates to staff that they were considered as two separate building sites. Gaffron noted that the developers propose a "grass paver" method for the driveways therefore meeting the hardcover require- ments. Gaffron stated that the proposal fits in with the rest of the neighborhood. Holly Fiss of 1790 Shadywood Road stated that she was not in favor of the application because she doesn't want a new home 20' from her window. Eiss stated that she would prefer no one out her windc Richard Black of 1770 Shadywood Road noted that the Council has an obligation to the neighborhood to uphold the variance rules and regulations. Black stated that variances should be granted only in the most exceptional circumstances. Black noted that approv- ing this variance would set a precedent. that would not be good for the neighborhood. Don Peterson, developer, noted that Mrs. Johnstone has maintained this property separately with the intent to build on it in the future. Peterson noted that there are 39 lots in the neighborhood, 23 lots are smaller than the this one, 15 lots that are larger. Peterson stated that they are proposing to cover less than 25 percent of the lot and are planning to meet all building requirements. Peterson stated that they are asking for noother variances other than that of being allowed to build on a lot that was platted prio: to the City's current ordinances. I:(AILAR OHOUO COUNCI 1. 10, 19114 1'AGI{ 9 Glenn Troberg, Johnstone's attorney, noted the Smith variance application which seta precedent when Council approved it on March 15, 1984, which is identical to this with the following findings: 1. Noother land available. Troberg noted that in the Johnstone's case there is no land available. 2. Lets were developed on both sides of the property. Troberg noted this is the same in the Johnstone's case. 3. Property was served with sewer and water. Troberg stated that the Johnstone's property i s served with sewer and water. 4. Proposed house and improvements can be constructed without the need for additional variances. Troberg stated that this is the case with the Johnstone's application. 5. Applicant purchased the property not knowing the existing ordinances. Troberg noted that in the Johnstone's case, the applicant had the property a long time before the existi:g ordinances were adopted. 6. Granting a variance would have no negative affect to the public health, safety and welfare. Troberg stated that here the Johnstone's application would have no negative affect on the public health, safety, and welfare. 7. Granting a variance would be consistent with the area. Troberg stated that the Johnstone ap,:ic�tion fits right in with the existing neighborhood. Councilmember Grabek moved, Mayor Butler seconded, to approve a variance for Barth/Johnstone and direct staf f to draft a resolution of approval incorporating the following findingF: 1. Theproposal can meet all harr:cc.:,c.r requirements of the LR-1C zoning district. 2. All setback requirements for the new lot can be met. I. From the tax record it appears that the lot has been valued and assessed as a separate lot, not incrementally as part of the adjacent property. 4. The applicant has owned the property since before the current zoning went into effect. i IWGULAK ODUNU COUNCIL MELTING 111:1.1) 1)1:ChF1lil:lt 1 0, i 984 PAGE 10 5. The property has been assessed for sewer. 6. The property has been assessed for water and was assessed a 6epai::'-e water unit for each lot. 7. The lot area is consisi.ent with many other properties in the neighborhood and i!, equivalent tour larger '-.han 11 of 25 lots in the neighborhood. Approval conditions to include: 1. Granting a variirce to the setbacks for the existing house on i_jt 22. 2. No other performance standard setbacks allowed for either lot (i.e. both lots mus" ineet a l l hardcover and setback requirements). 3. Payment of a park fee for new lot in the amount of $430. 4. $225 sewer plant charge to be paid with building permit along with standard SAC charges, etc. 5. Applicants to bear the expense of bringing sewer and water to the property if no stubs exist. 6. Maximum hardcover of Lot 21 to be 2, 280 sf including roofs, decks, driveways, sidewalks, patios, terraces, etc. 7. Applicant placed on notice of the hardcover limitations for both lots. 8. No other variances will be granted. Motion, Ayes (3),Nays (1). Councilmember Adams voted nay. Adams felt that this application is beyond the borderline for approval, and that the Council has to draw the line scmewhere. Mayor Butler noted that the resolution should be filed in the chairs of title of both lots. #880 STEVEN RUCE 4625 WEST BRANCH ROAD CONDITIONAL USE PERMIT RESOLUTION i1712* Mayor Butlermoved,CouncilmemberHc;-jmerelseconded, to approve Resolution i1712, A Resolution Grxknting A Conditional Use Permit to permit construction of a greenhouse with limited commercial use. Motion, Ayes (4), Nays (0). City of ORONO RESOLUTION OF THE CITY COUNCIL NO. GRANTING A VARIANCE TO MUNICIPAI, ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE. 1874 WHEREAS, Mrs. Donald Johnstone and Duane Barth (hereafter "the applicants") have an interest in the property located at 1800 Shadywood Road within the City of Orono (hereafter "City") and legally described as follows: Lot 21, Shadywood (hereafter "property"), and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to allow the construction of a residence on a lot with 15,100 square feet in area or 69% of the required 21,180 square feet, and approve a .lot width of 60 feet or 60% of the required 100 foot lot width. NOW THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as part of zoning file no. 874. 2. The property is located in the LR-lC Single Family Lakeshore Residential Zoning District. 3. The proposal can meet all hardcover requirements of the LR-IC zoning district. 4. The proposed house and improvements can he constructed without the need for additional variances. 5. Property tax r^cords indicate the lot has been valued and assessed as a separate lot. 6. The applicant acquired the property prior to the effective date of the current zoning standards, and has continuously held it as a separate lot. 7. No other land is available - lots are developed on both sides of the property. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8. The property has been assessed for City sewer. 9. The property has been assessed for City water and was assessed a separate water unit. i0. The lot arez, of 15,100 square feet is consistent with many other properties in the neighborhood and is equivalent to or .larger than 11 of 25 existing building sites in the neighborhood. 11. Th,� lot width of 60 feet is equivalent to or larger than 10 -3f 25 existing lots is the neighborhood. 12. The City Council has considered this application including the findings and recomm.ndations of the Planning Commission, reports by City staff, comments by the aplicant and the effect of the proposed variance on the health, safety and welfare of the community. 13. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to press..-rve a substantial property right -f the applicant; and would be in keeping with the spirit ana intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Code Section. 10.25, Subdivision 6 (B) to permit the construction of a residence on a property with 15,100 square feet in area instead of the required 21,780 square feet, and approve a lot width of 60 feet instead of the required 100 foot lot width, subject to the following conditions: 1. Maximum hardcover of Lot. 21 is to be 2,280 square feet including roofs, decks, driveways, sidewalks, patios, terraces, and the like. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. ,plicants shall bear the expense of bringing sewer and water stubs to the property if no stubs exist. J. Applicants shall pay a park fee for this new lot in the amount of $430.00. 4. The $225.00 sewer plant chance is to be paid with other standard charges when a building permit i!� issued. 5. Applicants are hereby advised that in approving the development of this substandard property that all future improvements must meet the current standards of the code and that a future Council may not approve any improvement to the property that requires a variance. 6. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (January 14, 1986). 7. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council on this 14th day of January, 1985. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Property Omer City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE 1874 WHEREAS, Mrs. Donald Johnstone and Duane Barth (hereafter "the applicants") have an interest in the property located at 1810 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 22, Shadywood (hereafter "property"), and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to allow a side setback of 3.1 feet for an existing house where a 10 foot side setback is required. NOW THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as part of zoning file no. 874. 2. The property is located in the I.P.-lC Single Family Lakeshore Residential Zoning District. 3. The property is 17,200 square feet in area, has a lot width of 60 feet, and contains an existing house. 4. The existing house is located 3.1 feet from the north side property line and 57 feet from the shoreline of Lake Minnetonka. 5. This house and the proposed house expansion and improvements to the property can meet the hardcover requirements in the 75-250 foot lakeshore setback zone. 6. Because of the required 75 foot setback, the building proposed for the adjacent Lot 21 will maintain at least a 20 foot separation distance between the existing house on Lot 22 and the proposed house on Lot 21. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the aplicant and the effect of the proposed variance on the health, safety and welfare of the community. 8. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning 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 findings, the Orono City Council hereby grants a variance to Municipal Code Section 10.25, Subdivision 6 (B) to allow a side setback of 3.1. feet for the existing house at 1810 Shadywood Road where a 10 foot setback is required, subject to the following findings: 1. Maximum hardcover allowed on the property shall be 2,775 square feet. 2. All future improvements to the property sha 1 ). meetthe current performance standards of the LR-lC Zoning District. In addition, any extension westerly of the north wall of the existing house must meet the 10 foot side yard setback requirement. 3. Appli-7ant shall obtain a Hennepin County driveway access permit prior to construction of a new driveway to seiv^ this property. 4. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (January 14, 1986). City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 5. 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. 6. 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 tit.le of the property. Adopted by the City Council on this 14th day of January, 1985. ATTEST: Dorothy M. Halli.n, City Clerk Mary C. Butler, Mayor (1) Property Owner r- COUNCIL MEETING J AN To: Orono Council Members CITY OF ORONO From: Michael P. Gaffron, Assistant Zoning Administrator Date: January 10, 1985 Subject: #881, Krutzig Custom Homes, Inc., 1629 Bohns Point Road Variance - Additional Review Request - Information Item Synopsis - At your December 10, 1984 meeting, Council directed staff to prepare a resolution of denial of the proposed hardcover variances to construct a deck and extensive driveway in excess o` the 25% hardcover allowance. Applicant has submitted further information on this deck and hardcover in general, and requests your additional review. The attached information is for you to consider over the next two weeks. Glen Cook has not had a chance to review it as of this writing, so we have scheduled this for review at the January 28th meeting. Brie-ly, I think the proposal is technically sound but presents some administrative/enforcement problems. Perhaps you would like to refer this back to the Planning Commission for further study. Krutzig Custom Homes, Inc. 410 Ferndale Rd. North Plymouth, Minnesota 55447 December 14, 1984 City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Attention: Mike Planning & Zoning Department In response to the latest Council meeting December 10, 1984, I would like to further submit additional information for yot,r consideration. I have in my possession for your review at the next Council meeting engineer- ing reports that address the hardcover variance 1881. This serves to inform you of my intention to further pursue the current situa- tion. If you need any additional information, or any further questions, please feel free to contact me at your convenience. Thank you for your time and consideration in this matter. Sincemly, i KRUTZIG CU.STUN f S I WN. KRUTZIG WK:vl C01 r-1N h CIRONBERG, INC. SURVLYING. ENGINEER, +G AND LAND PUNNING 482•A TAMAR —— AVENUE LONG LAKE. MINN. 55356 473.4141 January 9, 1985 To: City of Orono Re: hardcover Calculations & Stor.lwater Runoff I have worked on numerous projects and permit applications requiring approval of the Minnehaha Creek Watershed District(MCWD) engineers over the past 10 years and I fully agree with their concerns regarding increases in stormwater runoff into Lake Minnetonka. I also commend the City of Orono for their concerns and regulations covering this runoff. However, I feel that certain improvements or structures have different runoff coefficients which should be taken into account, much as the MCWD engineers do in considering applications made to them. There are many publications listing coefficients of runoff(C factors), and I have enclosed a copy of the table used by the Minnesota Highway Dep- artment in their drainage manual. The usial factors I use which are acce�. - able to the MCWD engineers are 1.00 or 100% runoff for rooftops, 0.90 or 90, runoff from blacktop surfaces, 0.50 or 500 `or gravel surfaces, and 0.30-0.40 or 30-40% from existing ground surfaces depending on slope and vegetation. Thus, I believe that gravel walks and decks should not be lumped together with rooftops in consider?ng hardcover calculations. In the case of the William Krutzi5 proper`; of Tract A, Registered Land Survey tko. 565, the following proposal shows measures taken to reduce the impact of runoff from a deck so that all runoff is directed to the soil be- low. A half -inch high wood strip will be placed around the outside of the deck to restrict water from running off the ends and keep it either on the deck surface or running down through the spaces between the deck boards. Underneath the deck a one -foot layer of sand would be placed or, level ground in order to disperse the water over the entire soil area beneath the sand in much the same manner that a sand layer is used in a mound type dr3infield system. With a small amount of water staying on the deck or Deing absorbed by the deck beards, the net runoff should be less than or equal to that from the original round. Although not proposed in this case, it appears that temporary storage areas or basins could be used to :educe runoff into the lake. The MCWD re- quires the use of temporary storagt basins for projects in order co redu,-e the runoff rate after construction 'co the rate prior to development. It seems that this method could also be used for individual residences since the de- sired goal of less runoff to the lake would be met. COFFIN & GRONDERG, INC. SURVEYING. ENGINEERING AND LAND PLANNING 482-A TAMARACK AVENUE LONG LAKE. MINN 55356 473 4141 -2- Also enclosed is a drawing showing the hardcover calculatio s for the Kruttig house. If there are any quesV-)ns or other info rmaticn needed on this project, or anything concerning hardcover and runoff calcula- tions in general, I would be pleased to work with the City on this. I think the overall goal of protecting Lake Minnetonka could still be met while taking into account differences in runoff from vdrious surfaces. Sincerely, F1ark S. Gronberg, P.E. & L.S. JULt 1, 1963 DRAINAGE MANUAL TAB. A 5-294.222 t ROOFS r WE,•`NTS R.R. YARDS EARTH SURFACES COMPOSITE AREAS COEFFICIENT OF RUNOFF - C (for use with rational fnmidla). SURFACES Portland Cement or As,h31'tc Conan -at, 81tuminMrc, opert yredrt' or cracked Gravel, f,w clean and !,lost to clayey and hard. SAND, from uniforri, drain size, no fines, to well gradedt stge silt and clay, LOAM, from sandy or gravelly to clayey. GRAVEL, ham dean, no silt or -14, to high t CLA.". frcm eoirse. fa'r'y • • 5" i to pure Col- 1 I � City, Ptr^iness area I City, dense rwsidew.al, vary as to so rutd vegetation. E Suburban residential vary as to soil rnn ve"tat ion Highway slopes vary as io soil Parks, Ct;'.:. t etc., vary as tt i t Bare Licht Vegetation pense Vegetation (care._. Light V.egelation Dense Veget�►`. f i.IrL._�- -- i9k VegetattLa J /ASC Vcoetatiorn L_ i or1 MIN. 0.90 0.90 0.70 0.25 0.10 0.15 U.10 0.05 0.20 0.10 nd 0.25 0.15 0.30 0.20 0.15 ^.60 .35 0.20 MAX. 1.00 1.00 0.90 0.70 0.30 0.50 0.40 .'2J 2 J t 0.60 0.45 0.65 0.50 0.4U 0.75 0.60 0.50 0.75 0.65 0.55 ).20 0.i0 .35 i Note: Values of "C" for earth surfaces are .urtlkr varied by <lrwc. of saturation, CotrtlP, tion, swfaw irregularity and slope, character of suhtml and !q the ite!emx o! ImA rx glazed snow or ate. WILLIAM M. KRUTi TRACT A, REGISTERED L/ HENNEPIN COUNTY P"oPefcof ",-Zad etc at //w/ Ten/ /I/er , 4loWe, -n cclij e.r /✓ARO CO(/EA CAL C 4 ,e A r/OA15 A. O - 71 ' iLve rbrA[ A*eA - 7700 f-r , F� 1. /RoPofEO 1144OCOMex �. 7.f'- 2.ro 'Zowc 1 .f'A4.Ocovf.P f /Iryvt•.rY /DOO ! rs, FJ, C 2!e'o, Ziat A isrof[ 4/ff4 , lysn r rf. Fr. j ^010of ew :+IrlcNrfr O .It, ir. S, //.IROCOlYfR CALCULAr10A1_f' A. O •1t " zowe 1 fA.rlOreO AAAOfi✓ef = /. 7r'- 2S0 'ZOAIr i nrwc AArw %d, fco!Js, f j, /AOiiJfO A'wAJ cic•eR A'rvre _7dSm _'J�, F,• i, Oiw rwl /000 C. 250 'r. 70ar r. 7Or4[ AA6. _ 1Xf["t Il.ff MILLIAN N. KRUTZIG PROPERTY TRACT A. REGISTERED LAND SURVEY No. 565 HENNEPIN COUNTY, MINNESOTA 1 r� 1 I 1 '�r 1 i �r ,ter zso' � � 1 a 1 .t / Date : January 9, 1985 Scale: 1" = 301 0 : Iron marker COFFIN 8 GkONBERG, INC. Engineers and Land Surveyors Long Lake, Minnesota . ��• E. •cam>. t,� y j �. � £, * :1 - .. .�,.,.. .1 i'! r4 � ''✓l �� � u.:t 'i �$�`t't .• i ( / . ///��•-lam' JA Ir yam• `v„ 14 ON I c r-M M :. I I L L Seamco'" Natural Stone. is hard River -Rock shaped by years of Mother Nature's running waters. When Natural -Stone is cppvr- bined with Seamco'w Stone Bond it Rives a shiny, diamond -like finish — bringing out the Natural Beauty and Color of Natural Stone! FAU 4 6alaxy Stone, [tic. Pool Deck-, Pillos V, I COUNCIL MEETING y� J A N -W, /9 �'- To: Mayor sutler CITY OF ORONO Orono Council Members From: Jeanne A. Mabusth, Zoning Administrator Date: January 8, 1985 Subject: #811 John Ericson, 1620 Shadywood Road - Appeals - Resolution Mr. Ericson has advised staff that he wants his appeals application scheduled for Council's action in the absence of his attorney's formal response. Staff recommends denial of appeals application No. 811 based on the findings cited in the enclosed denial resolution. A LEGALLY City of ORONO RESOLUTION OF THE CITY COUNCIL NO. RESOLUTION DENYING AN AF'F'E,',LS APPLICATION THAT WORLD EXEMPT THE DIVISION CF COME+INED LOTS FROM THE SUPD?VISION REGULATIONS OF THE CITY OF ORONO WHEREAS, per Section 10.06 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'_., Lot 4 and the south 5 feet of Lot 2 Shadywood according to the recorded plat thereof, Hennepin County, Minnesota (Hereafter "the property"); and WHEREAS, the applicant was aware of the Orono City Council's (he-reefter "City)) year long study and final resolution of the matter of requests to sell r_r separate contiguous sewered substandard lots held in common ownership, that resolution would afford lots under common ownership the same review precedure provided for substandard lots held in single separa.to ownership. - and WHEREAS, the applicant was advised that Section 11.4.3,, 66 Subdivision, Llassification, Item .' would require the f ling of a formal subdivision application if legally combined lots are to be divide; and that the proposed applicz-tion would also involve multiple variance applications; and WHEREAS, the applicant filed an appeals icati n seeking direction from the City in order to ietermin if the review procedure and performance• standards established for substandard lots owned in common would now apply to the division of lots legally combined for ta:: purposes; and WHEREAS, the City Council has considered the applicant's appeals application, the recommendation of the Planning Commission, the written comments of the applicant's attorney, the oral comments of both the applicant and applicant's attorney. Page 1 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. NOW, THEREFORE BE IT RESOLVED tha+ the City Council of the City of Orono hereby denies the appeals application of John Ericson that sought to e:-empt the division of applicant's legally combined lots from the customary performance standards set forth in trn-,ubdivision regulations and zoning code of the City based on one or more of the following findings: FINDINGS 1. The applicant has ached 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 variances: The LR-IC, Lal::eshore Residentirl District requires the fbllowing standard: Pert; 21,780 s.f. Oidth - 100' a) Lot 3 + part of Lot` Area Existing = 19,501-1 s.-, . Variance = 2, 28V s.f. or Width Existing = 65' Variance - :5' or 35% b) Lot 4 Area Existing - 16,200 s.f. Variance - 5,580 s.f. or 26% Width Existing = 65' Vari,ince - 35' or Z5% c) Side setbacl variance required for residence on Lot 4: Required - 10' Existing - 3' Variance = 7 ' or 71.►X Page 2 of City of ORONO RESOLUTION OF TH. . ITY COUNCIL NO. 11 2. The City of Orono has never approved lot standard variances with subdivisions that create new boi1dinq sites. The conditions upon which the request for a 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 connie2-ration of the following facts: a) between the Hendrickson Bridge and Coffee Bridge within the LR-1C zoning district the following facts are noted: 1. there are 31 lat:eshore residences fronting on Crystal Ray, 2. 16 of 31 have been legally combined, 3. the average lot size of these 16 lots is . 154 z.crr_•s, 4. none of these 1 b 1 ots i f d• -i ded wou1 d meet the zoning standards of the dist.-ict, 5. 13 of the 31 are 6C►' wide or less, 6. none of the 7.1 could be split and still meet the minimum 1GO lot width standard for each lot, b) A preliminary of the ownership patterns of the LR-IC distri,L (not including the Navarre rrea) shows 16% or 43 properties offer the potential of divisions if City approves similar reque3ts. 4. An unusual hardship does not a-ist on the property beca--..e of the following findings: a) "1..- combined property has been used as one single residential unit based on the location of the garage, access drive and sewer line for over 'fi yoars. Page ' of City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. b) ]he applicant ,.and previous owners have received ta>; benefits from the legal combination of Lots 3, 4 and feet of Lot 2. c) Lot ' is taxed on an incremental basis., not a�- a buildable lot. 5. it is the opinion of the City that the strict enforcement of the performance standards of the subdivision regulations of the City will preserve well founded environmental standards in future development of Ial::eshore property within the City. 6. Variances to the minimum requirements for a lot as set forth in the zoning chapter of the Municipal Code would be in complete conflict with the intent of the Comprehensive Flan, the intent of the LR-IC zoning district and the intent of the subdivision regulations of the City. 7. To approve lot area and lot width variances concurrent with subdivision applications would establish a negative precedent in similar reviews. P. Mi t-4iesota Courts find the application of the law as relevant in decision making as the intent of the written law. It the City was to grant variances in this case, the City would be bound to apply the same standards to other applicants or be aCCLASse•d in a Court of acting arbitrary and capricious or denyir!g an individual of equal protection under- the : aw. 9. In review of the faCtual findings noted in nm 3, the applicant may best serve his purpose by asking le City to amen' its official map rather thr-n expect the -ity to place_ itself in the position of having to approve A similar variance applications. Page 4 City of ORONO RESOLUTION OF THE CITY COUP,' ' NO. lid, The- app1icarit hr:-. not introdurr—d ,any evidence cont.rnr . tc) an. of the z.bove finding.;. the applicant asks for spf_.rI E.i treata.e,t of his laktesh-re property quc=stionina rcqui rOd lot rt;­id:�rdr: that prohibit applicants desire to coniEtri-ct a r e•c-.kdclice• r)n iA prt tirn of his f,ropor1 e �-kp7licc.r�t's r_laim that :,tract interpretation of the code will reaul t in Absurd r-esu, 's are unfounded. 7hp standards for the development of l aVeshare property within thr- City of Orono) Are not hascd on absurd aestt-setic whims but on well fotlnded environmental principles and factual 4indinos rcpeaked throuclhtoclt t hea Municipal Code: and thr 1,2 t s. C:ommuni ty 1`14nCnacrnent Plan. it. D niol of this appfals appl:c.�ktion, and therefore tho inf.-; v itabIo denial of boils subdi .,ision and variar.cr. appl i ca.t is"m, does not const i tutc s tpl:inq of property or loss of sttbstiintirl value beCaLtSe thr' prop Arty hiss alwx,s been one resi dent z al b!li 1 di nq site, all of which has served as rvgt_ti rvri areal. yard and open spaIce_ for the resi dencc:- which cont inuc•: to ocCUP, paid hropc•rt.y. The applicant. purrha--Pri tl-w proper+ in 19,1A frc;m hi fat: ,e- who ounnd the land z-nd :lC�'_.1��'C' in its pr&!ient Stot te since 17 , •', thILA applicant has enjoyed its benefits as a fully con.3rmino ronidcntial lot within the LP. -IC zoning district for year S. and caL+ld continue to the same bonef it <<nd wi t hutlt t hf? Pr-ol Osed subeli .,i si ran of the property. (-Ido, ted by the Cl t r Cc, (rici I on this 1'•th d.k, of November , 19 ?1. Al TEST: \� ai - + 'lorothyM.Hallin, City Clerl. Mary C. P, 1,er, Mayor- )i - P,ago J of COUNCIL MEETING To: Orono Council Members J A N , 19Qcl CITY OF ORONO From: Michael P. Gaffron, Assistant Zoning Administrator Date: December 20, 1984 Subject: #783 - I.D. Caples, 4798 North Shore Drive - Variance #849 - I.D. Caples, 4798 North Shore Drive - Vacation of a Portion of Park Avenue Application Synopsis - Planning Commission at their April 16, 1984 meeting reviewed the Caples application for a lot area and width variance for the existing combined Lots 9 and 10 which total 0.35 acre exclusive of County Road 19 right-of-way. Planning Commission tabled the application to allow applicant to explore the acquisition of adjacent properties. Applicant was unah'A to purchase adjacent properties and was unable to acquire the r. s to the adjacent north half of Park Avenue should it be vacated. nt.ice, Planning Commission at their July 16, 1984 meeting recommended conceptual approval of a lot area and width variance based on tLe partial vacation of Park Avenue and increasing the lot area to 18,365 square feet or 0.42 acre. Planningj Commission recc ended approval of the par+-ial vacation of Park Avenue (subject to staff review) on August 20, 1984. Applications 1783 and #849 are before you concurrently but `could bt acted upon in separate motions. Part 1 - Vacation (t849) List of Exhibits Exhibit A - Applirati_ Exhibit B - Property miners List Fvhibit C - Plat Map Exhibit. D Survey Exhibit E - Legal Descriptions Exhibit F Planning Commission Minutes of 7/16/!.4 Exhibit G - Planning Commission Minutes of 8/20/84 Exhibit H - Netter From Applicants Attorney 11/28/84 This app.!catirn is to vacate the wester? 20'' +/- of Park Av-- le, which exists as unimproved platte-: right �►:iy. The City has n0- i1.4-1 l`nes under nark Avenue and :he Pt.blit; works Coordinator t rents there is no need for retaining any -:.;ty interest in the portion to be vacated. No properties wiI l be landlockrI by this vacation. The reversion to pri,.ate property will eliminate the potentially unsafe access where Park intersects with County Road 19 ,t the curve. Tne applicant - ' 11 gain -,, square feet of property through thi:. vacation. The property c• .tiers to the north will gain 3,300 square feet of area. They have indicated to staff that they will nor release their half of the vacated road for sale Caples because t.ey may need the area themsell `,s to avoid o future lot- area variance. Existing access to propertiF-s he east is either directly frt.,m County Road 19 or from Tonkaview via the remainder of Park Avenue. The access to applicants property will be designated as using the Tonkaview/Park route to avoid access problems onto the County road. :staff recommends approval of the vacation per the attached resolution. The condition #3 will have a bearing on the applicants proposed house location and may need some discussion. Part 2 - variance (#783) List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Revised Survey Showing Proposed House Location Exhibit E - Hennepin County Handout Exhibit F - Common Ownership Study Exhibit G - Applicant's Attorney (Exhibit & Findings) Exhibit H - May 11 Letters to Campbell and Turney Exhibit I - July 3 Letters to Campbell and Turney Exhibit J - Planning Commission Minutes 4/16/84, 7/16/84 Exhibit K - Applicant's Attorney Letter to NSP 1/3/85 A) Lot Area Required - 1 acre or Existing = 0.35 acre *With 15' right-of-way Variance - 0.65 acre With additional 15', B) Lot Width Required - 140' Existing - 75' Variance = 65' or 46% 43,560 s.f. or 15,360 s.f. from Park Avenue 65% = 0.42 acre or 18,365 s.f. Variance = 0.58 acre or 58% The subject property's tax delinquent record began in 1972 and in 1979 was offered for public sale as a tax forfeit property. The property never sold at the public auctions for the next four years until the Caples purchased the property over the counter in August of 1983. The County offered the enclosed hand out material (Exhibit E) advising that there was no assurance that any property offered for sale (either through a private sale to abutting property owners or at public sale) met the standards for buildability of the local jurisdiction. Caples was advised by the Orono staff that such a property would require a variance review and the approval of the City Council. The property was told for $6,000, Caples made a down payment of $1,380 with a balance of $4,800 to be paid over a ten-year period in annual installment payments. 2 The applicant's attorney has compiled a packet of exhibits and findings seekinq your approval (See Exhibit G). The property is located on a very busy curve. Remember the road at the north is Tonkaview not Park Avenue. Park Avenue is probably located at the grassed -in old driveway access where the utility poles have been placed. Access to this site is crucial. Staff and Planning Commission recommend the access be from Tonkaview via Adams Avenue and Park Avenue. Applicant has agreed to this access and has placed the house and garage accordingly. Sewer is available and the original assessment payment will be paid to the City over the ten-year period. The house has been placed on the site meeting all required setbacks. Note that this is a "corner" lot for setback purpose, and the proposed house exceeds the required 35' front setback (54' proposed) and meets the 10' side setback requirements (20' and 10' proposed). Two lots combined as a building site was a typical development pattern in earlier years, but in recent years, the pattern has been to combine three or four lots as a building site. At their April 16, 1984 meeting, Planning Commission advised Caples that the city would approve of the partial vacation of Park Avenue. The vacation would enable applicant to acquire additional lots on north side of Park Avenue for combination with subject property. I have enclosed copies cf letters to the two property owners advising them of Caples intent. Turney and Campbell as joint owners of Lots 15, 16, 17 and 18 plan to develop the property as one building site. They have not had the area confirmed by a surveyor but it is their guess that they have .8 acres or 80%. They have advised Caples that based on the 80% standard for sewered properties, they would have no interest in selling off one of the lots. The second exchange of letters asked for the 15' of right-of-way that would revert back to parcels 15, 16, 17 and 18 (Lots 6-10, Block 2) upon vacation of Park Avenue. Paul Campbell called Jeanne Mahusth from Washingtcn to seek confirmation of the area of the four lots and was advised that only a surveyor could do this. He understood Caples dilemma but based on the approximate guess on area, he would not be willing to release the 3,000 s.f. of additional area. If a survey is made confirming the area of Lots 6-10, they would he willing to release the vacated right-of-way for sale to Caples. Caples declined to spend additional money for a survey of Campbell'F. properties. At their July 16, 1984 meeting, Planning Commission recommended conceptual approval of the variance application based on Council's approval of the partial vacation of Park Avenue,which would increase the lot area to 0.42 acre. Applicant subsequently filed an application for the vacation (#849) which was reviewed by Planning Commission on August 20, 1984, at which meeting Planning Commission recommended approval of the vacation. Please review the minutes of the July 16, 1984 meeting for the findings and conditions upon which Planning Commission made their recommendation. Also note that Council recently approved the Clifford lot (area 0.39 acre) at 4760 North Shore Drive, and note that although recent development in the area has been on 0.6, 0.6 and 1.0 acre lots, the Capl% lot is consistent with existing building sites in the immediate vicinity. 4736 North Shore Drive - 0.47 acre +/- 4750 North Shore Drive - 0.42 acre +/- 4784 North Shore Drive - 0.37 acre +/- Clifford 4760 North Shore Drive - 0.39 acre +/- This application 4798 North Shore Drive - 0.42 acre +/- Note that hardcover on this lot is limited to 30% or 5,510 square feet. A power line serving this and adjacent properties appears to be located directly over the proposed house site. As of this writi.ig there is no indication whether the power company has an easement which would restrict the building envelope. The power lines could likely h? relocated if necessary. If the Council feels a drainage & utilit.- easement is necessary over the road to be vacated, note that this may cause the building envelope to be restricted. wording requiring an easement has been be incorporated into the resolutions for the vacation. A resolution of approval of the lot area and lot width variances is attached. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24 SUBDIVISION 5 (B) - FILE 1783 WHEREAS, I.Z,. Caples (hereafter "applicant") is owner of the property located at 4798 North Shore Drive within the City of Orono (hereafter "City") and legally described as follows: Lot 10 and that part of Lot 9 lying Northwesterly of a line running from a point on the Northeasterly line of said Lot 9 distant 15 feet Northwesterly from the Easterly corner of said Lot 9, all in Block 3, "Bergquist & Wicklund's Park, Hennepin County, Minnesota" (hereafter "property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5(B) to permit the construction of a single family residence on a lot with 18,365 square feet in area where 43,560 square feet of area is required, and approve a lot width of 75 feet where 140 feet of width is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File No. 783. 2. The pror.)L.rty is located in the LP.-lB Single Family Residential Zoring District. 3. The Planning Commission reviewed this application at their July 16, 1984 meeting and recommended conceptual approval of the lot area and lot width variances subject to the successful vacation of portion of the adjacent Park Avenue, noting that the additional land gained by the applicant will increase the lot area to 18,365 square feet or 0.42 acres, which area is consistant with the existing neighboring building sites, and finding that no other land is available for the applicant to acquire. 4. Municipal sewer is available and has been assessed against the property. 5. Access to the property via County Road 19 is on a curve rendering this access location unsafe due to short sight distance. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6. Development of this property will require no further variances to performance standards other than lot area and width. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the owner and the effect of the proposed variance on the health, safety and welfare of the community. 8. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning 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 b—e in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Counci 1 hereby grants a variance tr, Municipal Code Section 10.24, Subdivision 5 (B) to permit the construction of a single family residence on a lot with 18,365 square feet in area where 43,560 square feet of area is required, and approve a lot width of 75 feet where 140 feet of width is required, subject to the following conditions: 1. Applicant shall pay the standard park dedication fee for this lot in the amount of $430.00. 2. Applicant shall pay the standard $225.00 sewer plant charge along with the standard building permit fees. 3. Access to the property sha 11 not be via County Road 19 but shall be via the existing platted Tonkaview access via Adams Street and Park Avenue. 4. Applicants are hereby advised that in approving the development of this substandard property that all future improvements must meet the current standards of the code and that a future council may not approve any improvement to the prar;erty that requires a variance. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5. The total improvement of the property is limited to 5,510 square feet of hardcover, including roofs, decks, driveways, sidewalks, patios, terraces, and the like. 6. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (January 14, 1986). 7. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicant has read, understood and hereby agrees to th terms of this resolution and on behalf of himself, his hei__., successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council on this 14th day of January, 1985. ATTEST: Dorothy M. Hallin, City Clerk Nary C. Butler, Mayor Property Owner City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION VACATING AN UNUSED PORTION OF PARK AVENUE WITHIN THE PLAT OF BERGQUIST AND WICKLUND'S PARK, SECTION 7, TOWNSHIP 11, RANGE 23 IN CITY OF ORONO, MINNESOTA WHEREAS, The City of Orono is a municipal corporatic:-ri organized and existir.9 under the laws of the State of Minnesota; and WHEREAS, on July 25, 1984, I.D. Caples and Virginia A. Caples filed a petition with the City of Orono requesting the vacation ofa portion of Park Avenue originally dedicated in the plat of Bergquist and Wicklund's Park legally described as follows: That part of Park Avenue lying East of the West line of Lot 10, Block 3, and its Northerly extension, and Ijing Northwesterly of a line drawn front the most Southerly corner of Lot 9,said Block 3, Northeasterly through a point on the Northeasterly line of said Lot 9 distant 15 feet Northwesterly from the Easterly corner of said Lot 9, all in "Bergquist & Wicklund's Park, Hennepin Co. Minn"; and WHEREAS, after due published and posted notice, a public hearing was held before the City Planning Commission on August 20, 1984, regarding said vacation and all persons interested were given an opportunity to be heard; and WHEREAS, after due standing and consideration, the Planning Commission recommended approval of the requested vacation and the Council of the City of Orono finds that said vacation, as proposed, is in keeping with the public interest in consideration of the following findings: 1. The vacation does not affect access to or use of any adjoining property. 2. The City has not and does not intend to develop, impr;,ve or use the dedicated right-of-way as a road except for utilities and access purposes hereinafter described. 3. The unimproved dedicated right-of-way as it ex.. serves no public purpose. OW, I.D. Caples an portion of Park The granting conditions: City of ORONO RESOLUTION OF THE CITY COUNCIL NO. THEREFORE, BE IT RESOLVED, that the petition of d Virginia Caples is hereby granted and that the Avenue legally described above is hereby vacated. of the petition is subject to the following 1. Upon vacation, applicants must combine the vacated adjacent portion of Park Avenue with their property (Lot 10 and part of Lot 9, Block 3, Bergquist and Wicklund's Park). 2. Upon vacation, applicants shall quit -claim deed to the County the platted right-of-way over the traveled portions of County Road 19. 3. Applicants shall grant the utilities and drainage easements over the center 20 feet of Park Avenue right-of- way to be vacated. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held January 14, 1985. ATTEST: borothy M. Hallin, City Clerk Mary C. Butler, Mayor (7 CITY OF ORONO ... as Pe.�►%r` �r� GENERAL LAND USE APPLICATION `�r�• ------------------------------------------------------------------------- PROPERTY LOCATION Site Address Property Identification Number (P.I.D.) 07-117-23-32-0013 Please check one -- Is the property X abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. -------------------------------------------------------------------------- APPLICANT Name I. D. Caples Phone 420-5047 Mailing Address p, 0. Box #314, Osseo, rinnesota 55369 -------------------------------------------------------------------------- OWNER Name I. D. Caples and Virginia A. CapleS Phone 420-5047 Mailing Address P. 0. Box i314, Osseo. Minnesota 55369 - Date Property Acquired August 1983 (month/year) I MW (do not) also own the adjacent parcels of land. -------------------------------------------------------------------------- PEES - CTro. itional Use Permits M � a) Residential Accessory Use $100.00 b) Institutional (church, school, etc) $100.00 c) Duplex Credit/Bldg d) Land Alteration (grading, filling) $150.00 e) Commercial/Industrial Use PRD/PID - see fee schedule Other 2 ications $200.00 Vaca..ion $250.00 Rezoning $100.00 Appeals Other - see fee schedule I; 25% -------------------------------------------------------------------------- (over) PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) -------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: Vacate Park Avenue as per attached legal description --------------------------------------------•------------------------------ REQUIRED SUBMITTALS 1. Completed Application For.n. 2. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plans, if applicable. 6. Plat Map. -------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. -------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to payallfeesand/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.. (" Q Date OWNERS SIGNATURE -7 _ .,a s _ jy 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 pu Boses of investiga ion and verification of this request. �� L ,z.<<2, ,j. ; tt ,,, •j ? /� d'�S/ Owner's signature ;�- �c�r 1' v 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 09/07/83 BATCH 205 36 '2-117-C4 14 0011 PPOP AD9R 0117S CO RD NO 19 OWNER NAME SWEDISH EVAN 'Ai PAYER FAIRVIEW COVENANT CHURCH t:AME/AOCR 1175 COUNTY RD 19 MOUND MN 55364 36 12-117-24 41 0002 PROP ADOR 04815 MINNEAPOLIS AVE OWNER NAME LAURA H NEL.ON ETAL TAXPAYER MARGARET K SAT:PSTROM NAME/ADOR 810 E LAKE ST ",PLS MN 55407 38 07-117-23 23 0017 PROP ADOR 0WIfER NAME STATE LANs DEPT TAXPAYER DAVID G TURNEY NAME/ADOR 254 HOLLY RD HOPKINS MN 55343 38 07-117-23 32 0012 PROP AGOR 04784 AORTH SHORE OP OWNER NAME LUCILLE M OLSON TAXPAYER LUCILLE M GLSON NAME/ADOR 4784 NORTH SHORE OR MOUND MN 55364 38 07-117-23 32 0023 PROP AOOR 04795 HOPTH SHORE OR CWNER NAME VILLAGE OF ORONO TAXPAYER VILLAGE Of ORONO NAME/ADOR BOX 66 CRYSTAL BAY MN 55123 A HENNEPIN COUNTY PROPERTY INFORMA?ION SYSTEM PROPERTY OWNERS LIST 36 12-117-24 14 0012 01155 CO RD NO 19 FAIRVIEW COVENANT CH FAIRVIEW COVENANT CHURCH 1175 COUNTY RD 19 MOUND MN 55364 38 07-117-23 23 0015 04765 TONKAVIEW '_A STATE LAt1O DEPT PAUL V CAMPBELL 14630 181ST PLACE N E WOODINVILLE WA 98072 38 07-117-23 c3 0018 STATE LAND DEPT PAUL V CAMPBELL 14630 181ST PLACE N E WOOOINVILIE WA 98072 38 07-117-23 32 0013 STATE LAND DEPT I D 1 VIRGINIA A CAPLES PO BOX 314 OSS£U ?IN 55369 38 07-117-23 32 0057 04755 TONKAVIEW LA D 1 K LUNDQUIST LELAND i PATRICIA MARTINEAU 4755 TO►1KAVIFW LANE ORONO MN 55346 REPORT NO. PI435401 PAGE 10 36 12-117-24 41 0001 04801 MI1;NEAPOLIS AVE JAMES W THONPSON JAMES W THOMPSON 4C-': MINNEAPOLIS AVE MOUNC MN 55364 38 07-117-23 23 C016 STATE LAt;O DEPT OAVID G TURNEY 254 HOLLY RD HOPKINS 1,N 55343 38 07-117-23 32 0011 LEO 0 CLIFFORD ET L LEO 9 hEILA CLIFFORD 3165 PREIST LANE MOUND MY 55364 38 07-117-23 32 0022 04775 NORTH SHORE OR W A KRAHL ETAL HALTER A KRAHL CO FO 19 MMID MN 55364 TOTAL BATCH 005 00014 lD,vl@moy[9C� SFP 14 i983 J CITY Of ORONO �s �CL�-.,�.- � P�..i►.�G�.,�...� 1.,.�- � so �) �. lit,-�-� 7 or-3 3.*;_ )447,lro / t2z s" ;Z3 - 3a. - V U Oct 3-- �- //7- a- CCU 7 sssGV �- 7- /17-;P, 3 - 3a 600� iy�e-•j,�o r� -7 3 S Q SS3 4j( 23 -- 3 P. - 0 00 3 �f r -•.,c.,� v.�.,.. i 7 - I( -- :L3 - a3 - 0C) ss3�� u % Ar*Fser @ 19 SEP 1 41M CITY OF ORONO Pled Aw:m TOW As, I\~ / IN \ \ It- , rc Wet/ h*#.r cwwr r r iAA 'I, Lll it r-;- W-k DM' R . COFTI N' CC c a r rorfl- T .7 DI t.-, Z. Crontouri: 7 5• 0 Ir-r -rnr'eer Inn: Sur.royors Lrn- L 1 ice tlrr#e-.;ata GORDON R. COFFIN LAND GVRY[Y01t AND •LANNaR 2026 WATERTOWN ROAD LONG LAX&. YINN. 66386 478IIl1 7-24-84 Descriptions for I. D. Caples of part of Park Avenue Berequist k Yicklund's Park Hennepin Count,, Kinnesota Portion of road to be vacated That part of Park Avenns lying tut of the West line of Lot 10, Block 3, and its Northerly extension,, aad.lying Northwesterly of a line drawn from the most Somberly corner of Lot 9, said block 3, Northeast rlZ through a point on the Northeasterly line of said Lt 9 distant 15 foot Northwesterly from the lesterly corner of said Lot 90 all in 'Bergquist k Wicklund's Park, Hsnnspin Co. Minn*. Caplos' part of vacated road The Southwesterly 15 feet of that part of Park lvenus vacated lying last of the West line of Lot 10, block 3, and its Northerly extension, and lying Northwesterly of a line drawn from the most Southerly corner of Lot 9, said Block 3, Northeasterly through a point on the Northeast- erly line of said Lot 9 distant 15 foot Northwesterly from the Bastorly corner of said Lot 9, all in 'Borgquist'k Wieklund's Park, Hennepin Co. xi=, . C� �1 i JUL 2 51%4 ►, - rn Y nF ORONO AINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 16, 1984. PAGE 8 i783 I.D. CAPLES 4798 NORTH SHORE DRIVE VARIANCE 1827 C.D. WILLIAMS 1932 FAGERNESS POINT RD VARIANCE I.D. Caples and Ann Schulz, attorney, were present. Zoning Administrator Mabusth stated that this was tabled at the April 16, 1984 Planning Commission meeting to allow the applicant time to acquire more land. Ann Schulz noted the size of other lots in the neighborhood and noted the Caples lot is larger with the partial vacation of Park Avenue. Kelley m.jved to give conceptual approval to Caples variance application finding that with the partial vacation. of Park Avenue Caples lot is larger than the neighboring lots and no other land is available and subject to the following conditions: 1. No other variances are granted for this applicant. 2. Applicant to apply for partial vacation of Park Avenue and variance w` 11 go into effect when the vacation has been filed. 3. This property may never exceed 35 percent hardcover and lot must meet all other lakeshcre ordinances. 4. All hardcover should be shown on survey along with building envelope. 5. Approval is based on the partial vacation of Park Avenue with a lot size of 18,285 sf or .41 acre. Sime seconded. Motion, Ayes (4), Nays (1). Minority Opinion - Callahan voted nay. Callahan felt that even with the addition of the 15' of depth with a total lot area o,f 18,285 sf that t ,is lot is still too small. C.D. Williams was present. Assistant Zoning Administrator Gaffron stated that Planning Commis- sion tabled this application on May 14, 1984 and asked the applicant to come up with another plan to reduce hardcover. Kelley stated that at the last meeting there was a drainage problem with the neighbors and asked if this was resolved. MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 20, 1984. PAGE l ATTENDANCE 7:30 I'M The Planning Commission met on the above date with the following members present: Chairperson Goetten, Callahan, McDonald, Kell--v. Adams, Sime and Rovegno. Council Representative Adams arrived at 7-33 p.m. Zoning Administrator Gaffron, Recorder Sut,,n, and Zoning Administrator Mabusth arrived at 7:40 p.m. to represented the City staff. 11849 I.D. CAPLES VACATION OF A PORTION OF PARK AVENUE PUBLIC HEARING 7:30 - 7:33 PM I.D. Caples and attorney, Ann Schulz, were present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Rovegno moved, Kelley seconded, to approve the partial vacation of Park Avenue subject to the Public works Coordinator and City Engineer to review this application and applicant showingall hardcoveron the survey. Motion, Ayes (7), Nays (0). #853 DOUGLAS KLINT TOM BERNIER b GARY BARR 3535 s 3545 IVY PLACE 6 3034 CASCO POINT ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 7:45 - 7:53 PM Doug Klint and Tom and Bea Be. -,r were present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Klint stated that one lot line would be moved 50' and another lot line would be moved 100'. Rovegno stated that the Planning Commission should see where the lot lines are going to be before they approve the application. Adams moved, Kelley seconded, to table the Klint application pending receipt of an updated survey. Motion, Ayes (7), Nays (0). Ann C. Schulz Mwrnev at I -a* 935 East warzara Blvd. Way;,ala, 81intirsoca 55391 (612) 476-0122 November 26, 1984 City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Re: Zoning file No. 849 I. D. Caples Attn: Jean Mabusth Dear Jean: Enclosed is a copy of a revised Certificate of Survey showing the building envelope. Although it does not show the exact location of the proposed drive- way, the driveway will in essence just connect Park Avenue with the garage. Mr. Caples won't put in any more hardcover than he needs. If this Certificate is inadequate, please let me know immediately so we can revise it. We would like to be placed on the agenda for the December 10, 1984 City Council meeting as I believe we have fully complied with the conditions as set out in your notice dated August 21, 1984: (1) The survey is included. (2) Mr. Caples will enter and exit from his lot via Pleasant Avenue, Adams Avenue and Park Avenue, so I believe the suggested ease- ment is unnecessary. Thanks very much. Yours very truly, Ani, chulz " Att. :y at Law 2 P N4 ACS:keh ._Y QF O cc: I.D. Caples c t - LAND USE PLANNING EXIIIL'IT I ZONING VARIANCE APPLICATION CITY OF ORONO :;..• P.O. Box 66, Crystal Bay, Ninncaota 55773 473-73S7 1NSTRUC7ION5: Please first reed the attached Information Sheet. Complete Items 1 - 13 (Type or Print). If needed, attach letter or other information to better describe tequest. Incomplete applications will not be accepted. LIST OF Eh h _. TS your flr'i�� �� ysr- ..�i�or�tSl�crc _� n / Description 1. PROPERTY ADDRESS i i,'/ / r /� ; - / �"�/ Initial inclApplude: suet incluAe: Legal description shall be shown on attached Survey, Exhibit ] 1 s Application Fora 2. APPLICANT Name . /. ), , L', r •+^n, _fhone 7 Aeel Property Owner. Lie[ C l S� l� — {• .>S t (1 /ill N, S of Survey Melling Address • ">( �Cerctficate {/ Fee Receipt / If Applicant is not owner, explain Dae R etved By 3. OWNER Name `1 Phone Staff Information C •,3 l,L�— C !- l 4 Plat Map Ma i t ing Address .e f/ -A 5 Inventory Date Property Acquired (,. i � (Month/Year) I (do) (do not) also own other adjacent parcels of land 6 _ Staff Comenta Phone ? '/ C < other Inf,raatton 4. ,/ AGENT Name — Finn e Mailing Address 9 10 5. NOTICES should be sent to: Applicant Owner Agent _ 'lit 6. PRESENT ZONING USE DISTRICT 1� — SFP 1 4 NW 7. PRESENT USE Residential (other) u U Vacant Land Vacant Building(s) Occupied Building(s) CITY OF O RO N �} V 8. DESCRIBE REQUEST ESTIMATED CONSTRUCTION COST $ _ establish nev use _continue or expand existing use build new _ add on reaDdel _ replace Describe request in detail: / ,7 P,0'K : r:IY4 22, J ' LAND USE PLANNING EXHIBIT 1 ZONING VARIANCE APPL?CATION CITY OF ORONO ". ✓ P.O. Box 66, Crystal goy, Nlnnrso to 55177 h77.7757 r �; �•� () 1NSTRUMONS: Please first reed the .ttechea Information sheet. Complete Items 1 - 17 LIST' OF EXHIBITS (Type or Print). If needed, •[tech Inter or other lnformat'on to better describe your request. Inc''o//mpleter applications will not be accepted. Y1 9� .w 171't�t S1lore. ve- Description 1. PROPERTY ADDRESS initisl Applicntion must include: Legal descriptto shall be shown on attached Survey. Exhibit 7 1 !�<Ypllc.tion Fom 2. APPLICANT Name i �• y i•'I r;/y: 'i .' A/"'/t aPi pee ,l. I -fi!!!-"' Property Owners List 7.1 I wiling Adar-as .' .-'•/ — l• •i s E , /� C' � Y / c11 N � ' ry 7 Certificate of Suey � {�� Fee Receipt 1 I[ Applicant to not owner, explain Date R ccived_ Ry 3. OWNER Name /- 1 1 ' / / _> Phone Staff Information wiling Address � � . �.(( i 3 /'�— G' .�" r c' 4 Plat Map Date Property Acquired / (Month/Tesr) 5 — 1--Cory I (do) (do not) also own other adjacent parcels of land 6 _ Stnff Cossments 4, AGENT R•we —� atone �./�> Other Inf rmatton �( /( .l 7/ — .l �' �j� 7 — Ftrm R wiling Address 9 — 5. NOTICES Should be .ant to: Applicant Owner Agent 10 6, PRESENT ZONING USE DISTRICT lil~- �;� SFP 1 410 11 7. PRESENT USE Residential _ (Other) - ;),e ', L. Vacant land _ Vacant Building(s) _ Occupied Building(.) _ I U IT Ur U KU N U j 8. DESCRIBE REQUEST ESTIMATED CONSTRUCTION COST $ establish new use _ continue or expand existing use _ build new _ add on _ remodel _ replace Describe request in detail: / C7 tact [- r> i ["R? c n/A //c J t / I. 9, VARIANCE(S) REQUIRED to u. the requested Work: �llet Area /7 I, S SIn[ Width /�l•l" wrdcover Setback ( V-,Front [1 — Side R..r) Other 10. Describe UNUSUAL PROPERTY CONDITIONS preventing compliance with Zoning Code requirement,: . T 11, Describe U1NDUE. HARDSHIP or PRACTICAL. DIFFICULTY resulting from strict cn/eremment of seeing regulation. h1/ �"• - 1 , ` •' ) r' :) '/ C•' 12. Describe EFFECT OF PROPOSED WORK on neighboring properties and on the neighborhood In gmtral The APPLICANT and the PROPERTY OWNER must sign and date this application, 7fts APFtl fit Kr hereby agrees to prow lde alt la(onrtten T},e (MtF.R harsh ackntwtl ed es ant y g agrees to this application required or requested by the Inning Ada In rator, agrp. and further author lees reasonable entry onto the property to pay .11 fees enJ/or unaa ual [+pens:. lncurred In review by City +t.((, con.ultsnts, egret-, lommi a lon Mober., of thla ep0 , Inn, and cerU flit [hat the In(otmatinm and Cnutetl members for purposes of investigation and sup Pll.d 1. true .nd correct t,, the hest of his knowledge: vevi(te.tinn of this request M Applicant's SignclturC Dau0 clwntr's S;1;n:,lurt P1ILC AI'1'I,Ii A'I'lotl 11� A .IN1: 1:: V11C:'r fW1N11A1' ill' ':'Ili '1111 I,lih'itl;l 1'I.ANNI11-: 0/f1f11:::;lllN 11' .I RUN DATE 09/07/83 BATCH 005 36 12-117-24 14 0011 PROP AVOR 31175 CO RD NO 19 OWNER NAME S;�EOISH EVAN TAXPAYER FAIRVIEW COVENANT CHURCH NAME/ADDR 1175 COUNTY RD 19 ttOUtD MN 55364 36 12-117-24 41 0002 PROP ADOR 04815 MINNEAPOLIS AVE Out.'ER NAME LAURA H NELSON ETAL TAXPAYER MARGARET K SATERS TOM NAME/ADDR 810 E LAKE ST MPLS MN 55407 38 07-117-23 23 0017 PROP AOOR C:::ER NAME STATE LAND DEPT TAXPAYER ()AVID G TURNEY NAME/ADDR 254 HCLLY RO HOPKINS MN 55343 38 07-117-23 32 0012 PFOP ADDR 04784 NORTH ti'3RE GR CANER NAME LUCILLE M OLSON TAXPAYER LUCILLE M OLSON NAME/ADDR 4734 NORTH SHORE OR MOUND MN 55364 3E 07-117-23 32 0023 Pao? AOOR 0,795 ,*0TH SHORE D4 C.,N'R NAME PILLAGE OF OCCNO TAXPAYER I.ILLAGE OF O O.40 NAME/ADDR EOX 66 CRYSTAL BAY Mtl 55323 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 36 12-117-24 14 0012 01155 CO RD NO 19 FAIRVIEW COVENANT CH FAIRVIEW COVENANT CHURCH 1175 COUNTY RD 19 MOUND MN 55364 38 07-117-23 23 0015 04765 TONKAVIEW LA STATE LA1I0 DEPT PAUL V CAMr'BELL 14630 181ST PLACE N E WOODINVILLE WA 98072 38 07-117-23 23 0018 STATE LAND DEPT PAUL V CAMPBELL 14630 181ST PLACE N E WOODINVILLE WA 98072 38 07-117-23 32 0013 STATE LAND DEPT I D t VIRGINIA A CAPLES PO BOX 314 OSSEO MN 55369 38 07-117-23 32 0057 04755 TONKAVIEW LA D i K LUNDQUIST LELAND i PATRICIA MARTINEAU 4755 TONKAVIEW LANE ORM40 MN 55346 REPORT NO. PI435401 PAGE 10 36 12-117-24 41 0001 04801 MIt:IEAPOLIS AVE JAMES W THO,SPSON JAMES W THOMPSON 4801 MINNEAPOLIS AVE MOUND MN 55364 38 07-117-23 23 0016 STATE LAND DEPT DAVID G TURNEY 254 HOLLY RD HOPKINS t.N 55343 38 07-117-23 32 0011 LEO D CLIFFORD ET AL LEO t NEILA CLIFFORD 31ES P?EIST L;,4E MoU::D M1 553as 38 07-117-23 32 CO22 04775 NORTH SHORE OR W A KRAHL ETAL HALTER A KFAHL CO FJ 19 MDUVO MV 55364 TOTAL BATCH 305 00014 I���r�odr�Dj- � SEP 1 Q 1983 D� CITY OF ORONO 0 2 1 Va 1 , 3 2 I. -Ai _ SFP 1 4 1983 77W) U VrLw AVE —0 F Ie 2 16 to _4P / , : 2� 1 � L k _(l - I m lAel I : 10 Iio— I I a �I I o-;r - ) 'm V ew flark IS" 4 3 1p" in et On 14 A, 04 PTOF 71 \4% for 1. U. Caples in Block 3. and adjoining vacated road. 8ergquist and Micklund's P k Hennepin County. Minnesota I o � v w / / r• how* er.w N OW Aol inciuri.ny ' ` o •f food N� 3 lowner TAX FOR'EITEU LAND SALES HENNE?INCOUNTY CEPARTiMiENT OF PROPERTY TAXATIO' LES - All tax forfeited land offered at a public auction sale is sold to the idder. Occasionally a public auction will be for the purpose of selling land nt property owners. At that particular auction, only the adjacent property allowed to bid. SALES OVER THE COUNTER - Parcels not sold at a public sale may be purchased after the sale by paying the appraised value of the parcel. Land not sold to adjacent property owners will only be available for the adjacent owner. Prices cannot be changed unless the parcel is reappraised, advertised and again offered at public sale. TERMS - Sale of $150.00 or less - Full payment at sale. Sa a of S151.00 to Sl,00.00 - 20% down or S150.00, whichever is more, balance in five 5 annual installments. Sale of S1,501.00 or more - 20% down, except 10% on all parcels containing structures, a ante in ten (10) annual installments. The interest rate on the unpaid purchase price is a variable rate as per M.S. 549.09. Approximately 30 days before installments are due, a billing will be mailed to indicate the amount of the installed and accrued interest which is due. Any or all installments may be paid in advance. There will be a $10.00 state deed fee, due at the time of final payment. ASSUKANCE ACCOUNT - At the time of the sale of tax forfeited land, the Department of Property Taxation collects in full an amount equal to 3% of the total sales price, to be paid into the state tax forfeited land assurance fund. This amount is payable in addition to the sales price. CONDITIONS - Sales are subject to existing leases, to building restrictions appearing of record at the time of forfeiture and to easements obtained by any governmental subdivision or agency thereof for any public purpose. The appraised value does not represent a basis for future taxes. Contact the city where the land is located for details of building codes or zoning laws. ALL PROPERTY IS SOLD "AS IS" AND MAY NOT CONFORM TO LOCAL BUILDING AND Z014ING ORDINANCES. THE COUNTY MAKES NO WARRANTY THAT THE LAND IS "BUILDABLE". ALL SALES ARE FINAL, AND NO REFUNDS OR EXCHANGES ARE PERMITTED. If a parcel had cancelled special assessments, as indicated on the publication list, the special assessments may be reassessed by the municipality to the extent that the balance of the assessments exceeds the purchase, less administrative costs. Local improvements not yet assessed and special assessments levied after forfeiture must be assumed by the purchaser. TITLE - The purchaser will receive a certificate of sale at the time of purchase. The Commissioner of Revenue will issue a deed from the State of Minnesota after full payment is made. T`' - conveyance shall have the force and effect o"' a patent from the State. However, t1A forfeiture creates a break in the chain of title, ant services of an attorney may be necessary to make the title marketable. DEFAULT - Contracts may be cancelled by the County Board of Commissioners if the purchaser defaults by failing to pay an installment and interest when due or failing to pay current taxes oecoming due during the term of the contract. ACKNOWLEDGEMENT The undersigned acknowledge(s) receipt of a complete copy of this statement on this _ day of ___ 19_ prior to the purchase of tax forfeited land in Hennepin C6unty_.--1he undersigned state s) that he or she has read and understands the statement. F tows PC 7 o PAAL M sr >~Rcr:. FRtZr IaKs�r c� �� to n. 2`i CD cap 157 p tow WAb � Oci`tz c`latt L7r�.� ^J I o I U I S 3 /Motd =' rnnr� lkt.cs I I � s o Z. c� o N SOLO vaKs'I 30 o 0 Z J Ann C. Schulz Attorney at I a% 339 South Barre A venue Wayzata, :tfinnesota 55391 (612)-176-0122 October 6, 1983 City of Orono PO Box 66 Crystal Bay, MN 55323 Attention.: Jean MaLusth Re: I.D. Caples Property legally discribed as Lot 10 and that part of Lot 9 lying Northwesterly of a line running from a point an the Northeasterly line of said Lot 9 distant 15 feet Northwesterly from the Easterly corner of said Lot 9 to the most Southerlv corner of said Lot 9, all in Block 3, "Berquist and Wicklund's Park, Hennepin County , "Minnesota." Dear Jean: I am representing Caples regarding his purchase of the above described laid. It is my understanding that this matter is on the Orono Planning Commission Agenda for October 17, 1983. It is my feeling that some additional title work should be completed prior to the Planning Commission presentation. Consequently, please table this agenda item indpfinately. Thanks very much. Yours very truly, Ann C. Schulz Attornev at Law ACS:keh CC* I.D. Caples 9 Ann C. Schulz Attorney at IAw 3.29 South 3arfy Avenue Wayzata, Minnesota 55391 (612)-476-0122 March 9, 1984 City of Orono 1335 South Brown Road Long Lake, Minnesota 55356 Attn: Jean Mabusth Re: Lot 10 and that part of Lot 9 lying Northwesterly of a line running from a point on the Northeasterly line of said Lot 9 distant 15 feet Northwesterly from the Easterly corner of said Lot 9, all in Block 3, "Bergquist 6 Wicklund's Park, Hennepin County, Minnesota." Dear Jean: Enclosed pursuant to cur telephone conversation are copies of the following: (1) Partial Plat Map (2) Certificate of Survey (3) Rec!ipt of Payment in Purchase of Unredeemed Lands (4) Auditor's Certificate of Purchase of Tax -Forfeited Lands (5) Tax statements 1973 - 1982 (6) Schedule of Sewer Assessments (7) Schedule of Real Estate Taxes: actual and estimated (8) Proposed house plans (9) Realtor's Opinion letter as to value of house and lot (10) Comparison of neighboring lot sizes and amount of lot that house will cover (11) Pictures of Lots 9 1 10 and neighboring houses, grocery store and lots. City of Orono Jean Mabusth March 9, 1984 Page 2 Please note the following: (A) Orono has not received any tax money from these lots for at least the last 10 years. (B) Orono sewer assessments have not been paid for at least the last 10 years. (C) Orono has incurred the expenses of sewer, fire and police protection, etc, etc. for this lot but has not been compensated foc its expenses. (D) We estimate that Orono will receive approximately $200.00 + per year when the house is completed; ie. the land will be "paying" its fair share of expenses. (E) The proposed home will be of comparable value to the neighboring homes, and perhaps will be more valuable. It is my understanding that the Planning Commission will be meeting on April 16, 1984. Please let me -know is you feel there should be revisions; if not, I will send you thirteen (13) copies ;f each of the above. Thanks very much. Call if yoi have any question. Yoursvery truly, / Ann C. Schulz Attorney at Law ACS:keh cc: I. D. Caples lot ti 7 V 6 � l.L1i F F 4 (26do-- --- l a zo 4., V I W AVE_fit 7Gb t / 2 / I I I � � �� � � l�• J 2 rig 5 A10 �• - .St Q I `% 13 t J ��) d r ► 11 n�` , '�l ��'1 ; ;5Y na • .�.,5 e 7 4-1! 2 1 •P- i l Q, j` Stl \,� C, • L Ic CO) Min at nEc Y \ � 04 Zi off V t7RiCWAL—To Taspaycr—This Slattmcnt n,11 be reccipted by Ise Property Taxation Department %%hen_pa)-rut is made. HC - 587 _ I 00 RECEIPT OF PAYMENT IN PU�� SSE O UNREDEEMED LANDS ii N� ? 6 '.1Iin apolis, T 'nn., .......R . �:..... • • • ....19 3 PROPERTY tAXATION, i-IEN'�lEPiy COUNTY l - (/ Pa ;ent re��,,eeived from 'Y.:.!.:...... ��'� ... /. C. -'`'~ ..�i��"• ' ..� _�� :..: ' �.... . /�C .�?�.`Z.. ) ..... �f� ...�.................... �. .DOLLARS (a/�`<� .. ) S prchasued..... ur paylnent on the following described lrcas G _Zrs rur the sum of SG �8v �- payaule ;q follows: $-� ?ZD•� .. • • - in cash; rcmaindy;: of payment. in :I,mual payment'..., with interest atZ a .... per cent per annum, if purchased. U%TriAC;T = DkSCRIPTiON Yrtar..�--•• ��{, � Set Tows Interest Assorrnce TOTAL :>t ...:. Y.... ... LAI Plat...'T—' �Ot7.... Parcel.. �!• !• ........ Blocs or Raose No. Pa)ment Fund 1D = .. �. �.-- i::.7.--...c.??.! 3................. _ _/! 1-�7 0 0 m rn ru ru cy" crN ISW r_ r .redit payment to forfeited tax sale fund, Forfeit Dumber.... • • . • Pro ty 'Taxation Director, Purfclted Land Lntt s m ru Cz By. .. .. . Js-4 ,/ Pec��1 -- -- - --- i i e s TIFICATE OF PURCHASE OF TAX -FORFEITED LANDS AUDITOR'S CER (under Minnesota StatuteA, Section 282.01) btate of '�Miitne50ta, ss CONTRACT ��a, 150Q............... Count o Hennepin.. .................................. . 1,.... Verron i. Hoppe _ ._ ......, County Auditor of the County of .................................. . Hennepin ......................, State of Afinneeota, do hereby certify that the follouring .............................................. epi described land lying and being in the County of.................Henn ....................n ...................... ................................ ....................... _......, State of Afinnesota, to -wit: Lot 10 and that part of Lot 9 lying NWIy of a line running from a pt in the NEly line of said Lot 9 dis 15 ft NWIy from the most Ely cor thof to the most Sly cor thof Block 3 PID #07 117 23 32 0013 BERGQUISTS & WICKLUNDS ADDITION 30/42000/4950 CITY OF ORONO Receipt N2600 esoepti,ng and reserving to the State of .Minnesota, all minerals and mineral rights in and to said land, leaving been duly offered for sale as tai•jorfeited land under .1fi.nnesota Statutes, Section 282.01, eras 23rd..... ......................__... �yof Aug.4st.............................................:............ ]9..83.... purohawd by on the ............ r I..:.D.:....8....Jirgi.ni.a...A.....Caples.r....�.t Tenants....of....P.�.Q�....Box...314..+....Osseo., Mn.......55369..................., ...... (Nen.eof Purehseer) .. ...... (Addre") on the following teruil and conditions, to -wit: 1. The State of dfinntsota, upon pe*formanoe by We purchaser of all the conditions and ter»u on ec orth ' his weby conveyance in fee, whi4hsslu�ll h ve�the force and effectctt of a patent from t convey said land to said purchaSOP, hi-8 hdirs andeigns, he State of Minnesota. $. Said purchaser shall pay to the State of A.Iinneaotu at the ofjlce of the County Treasurer of said (I nc1 x3 price of said land in the manner and at the times county the sum. of $ ... 61.89,.,.Q9.................... lei puroha following, to -wit: at the time of purchase, the following amount, receipt of which, ie hereby acknowledged, to -wit: $ 138Q..00.. , which inolwcesif ...... ................. ........................ I the value of the timber and timber products standing on said land, and f... ............... ......... ...... .............. I the initial payrnent on the remainder of the 4800 00 10 (,ten )........ equal annual peerchasc price of Bard land, and tJu balance, ..............�......... I o o I a� o, ir � a j qD 's A. 0 r 5 w e. y C Vl • r ^ I � n t is i � AUDITOR'S CERTIFICATE OF PURCHASE OF TAX -FORFEITED LANDS (Under Minnesota Statutes, Section 282.01) btate of A ilindota, 1w. CONTRACT Xo....1..`,�P4............... COW-V GJ Hennepin j _. HppI,....Vernon.. �.....—.pe................................................................................................... County Auditor of the County of Hennepin .......I State of .lfinneeota, do hereby certify that the follourin/ described land lying and being in the County of .....:.............................................................................. State of Afinnosota, to -wit: Lot 10 and that part of Lot 9 lying NWIy of a line running from a pt in the NEly line of said Lot 9 dis 15 ft NWIy from the most Ely cor thof to the most Sly cor thof Block 3 PID #07 117 23 32 0013 BERGQUISTS & WICKLUNDS ADDITION 30/42000/4950 CITY OF ORONO Receipt N2600 excepting and reserving to the State of Afinnesota, all minerals and rni.nsral rights in and to said land, naving been duly offered for salt as tax -forfeited land raider Xinnesota Statutes, Section 280.01, was 23rdyof.................A�9.�s.t....................................................... I9..83.... urohased b on tlte.............................................................. r , P y .I.D..& Virginia.A. Caples� Jt,.Tenants of .P.,O..Box.314, Osseo.,. Mn.......... 5536.................... (N�n,s al Punehaur) (Atdnaa) on the following teams and oonditions, to -wit: 1. The State of .Minnesota, upon performaneo by the purchaser of all Ov. oonditions and ternis on his part to be perforntecl, as hereinafter set forth, agrees to convey said land to said purchaser, his heirs and assigns, by conveyance in fee, whioh shall have the force and effect of a patent from the State of dfinnesota.. S. Said purchaser shall pay to the State of Afinnesota at the of Ue of the County Treasurer of said count th.c sum. of S�� H1Is.QM,... `• ncl }lte purohase prW of said land in the manner and at the bates following, to -wit: at the time of purchase, the following amount, receipt of which, is hereby acknowledged, to-wit:$...138.0....OQ......................... whioh inoludee; ................................................. the value of the timber and timber products standing on said land, and j................................................. the initial payment on the remainder of Ow purchase price of said land, and the balance, $...4800•PP................... in..................10 (1e11)....,,,,equal annual 480.00 payable f 23rd installments of $ ..............................................., the first of wltiolr shall be o able on or before Cite...................................... day of..........Au .us.t..... ................_.........._.......8and the remaining payments on Or before Else....... .............. day of ........... .. Au USt .... each year thereafter, with interest as provided in section Zd on the ... unpaid balance each year until all of such, prerohase price shall have been paid, with the p,.-.loge of paying the full amount of said purchase price, with accrued interest, if any, at any time. J. The purchaser agrees at......thel r own expense to keep the buildings on said land at all times insured in some reliable insurance company or ootnpanics, to be approved by the State of dfinne- sota. against loss by fire for at least the irt.m of I ........................ ................... ., oral aeuirtst loss by tvindatorm for at least the stare of $.... .................................. ....... , payable to the State of .Minnesota at the offioa of the County Treasurer of said county as its interests may appear by reason of this certificate. 4. Said land shall be subject to the provisions of any existing valid lease or easement made in behalf of the state. 6. Said purchaser shall pay all our -rent taxes upon said land before they beeone delinquent. 6. Tle failure of the purchaser or any person claiming under hirn to pay any of the deferred installments with interest, or the current taxes, or to comply with any conditions that may have been stipulated in the notice of sale at which said land it -as offered for sale or in this cart!fiwate, shall consti. Cute default and the state may, by order of the county board, daring the continuance of such default, without notice, declare thus certificate cancelled and tale possession of said land and resell or lease the same as providrd by law. In case of irteh default by said. pitrchoser, when the county board shall have adopted a resolution ordering the cancellation of this certificate, the cancellation thereof shall be deemed oompUte and re-entry shall be deemed to have been made on the part of the state without any other act or deed whatsoever, and without any right of redemption by the purchaser or anyone claiming under him. 7. This certificate is subject to all of the provisions of .Uinnc,ota. Statutes, Section 289.01, and of any other applicable laws, and all pertinent provisions thtercof are made a part hersof as though ast out in full herein. Molis Divan under my hand and seal of office at ... ......... . I .........Q.......... ...... __............. ...... ................ ................ .._......, County of .......... ......... ._.Henn.gP..i.n....a.__....................... _.., BEate of XE+.*roEa _..... 9.60................ _. day of.__._..._......A49ust .......... .......... _...... _......, I9.,83.... VERNON T. HOPPE — County duditor', HENNEPIN .......... County, ...._...._...................... SfoEI of .UGawssote,. s ;� / DEPUTY TOTAL PAID d61.06 YER NAM+E/ADORES3 ESCROW NAME/ADDRESS ACREAK SCM NTR SWPRO►E1tTY ADDREss Pi T1� R6 �'Si1Fx o.r.ra DST SIO DST - '1 0SWIST D YICKLUMD•f PARK, 003 A2000 4M OM17-23 V 0013 1 E LAND oEPT d26 000 00 277 3 -- I C OF MINI 31 LYIN6 NWLY Of A LIME RIAMINB FROM A ►T LM TO THE MOST SLY COR THEREOF OLE-HARKE'T vnjm-ari a� • - DIVISION DATE aLE ASSESSO FD SHARED ASSD FD AREA RATE _ .000 SEE ID 5 VAL-lCSS IrPROJECT ENO: FORFEITED LAND CONTRACT L EVYTllvnm PT N TOTAL TAX 00 - —�TAC-PAI - MORT CODE/LOAM IF ADDITION HAW LOT SLX PLAT PARCEL PROPERTY I E) FX nNERrE rIA'I_ CiKf� w�r�At�art�s�--�cxEr ME'TE5 AND BOUNDS DST SW DST Z3� L10'1 � R DATE 01/21/63 11EME?IM R�I COUNTT P*"TY IWOAT`nN SYST91 ---REPORT NO. PI433M 1962 TAX GOOK �M�p( J SLIAGGERT _—_ 000 00 277 3 47W TONKIIVIN LA - -_----_--- ._ 1TS9 TOWAVI EU--- oWjW NI 55364 L-TLI INC4 1/Z ADJ PAR!( AVE VAC AND 112 ADJ ADAMS ST %AC EX ROAD ---,-_-- _----------------- - TAJX.ABLE MARKET 96,100 QUAL.IFTIN6 ART 2,057.46 DIVISION NO 28 FD SNARED ASSD DIVISION DATE —F6-AREA RATF SEE T�J 3------ REUX VAL ASSD IF PROJECT Nn. IWROVE AXT _-__ ASEZ 1MASE^---WW-HKST TAX �EVYiOESCRIPTT —T -- L 11,788 GUN TAX N R 93.318 2,057.46 19,800 76,300 1 00 •,320 5,9A0 �*CTn ro T 0 AL ►AID LOU nill 0l OCtS PAYER NAME/ADDRE METES Ar;O BOUNDS DST SNO DST SS SW TYP RG U SUFX ATE LAr.D D oT Ali "81264UMY CKLWO I ►APT, 003 42000 4950 07-117-23 32 0013 ATE OF MINN 000.00 2 " 3 ITATUSt CURRENT LOT 10 AND THAT PART OF LOT 9 LYING NVLY OF A LINE RUNNING FROM A IT IN 11 "[.L.0 1 INE OF SAID LO 9 DIS 15 FT NWLT FROM THE MOST ELY CDR TMERED( TO THE MOST SLY CDR THLAEOF ABLE ASStSSD FD SHARED ASSO DIVISION DATE FD AREA RATE .000 SEE 10 I UC VAL ASSD IF PROJECT MO. FORFEITED LAND CONTRACT / �X LEVY/DESCR ► QMISTDE!TYP RATE AMQ6W �AMD BL06 MACH OMNX LASE1 BASE2 _ NUN�ST ExPT TOTAL TAX .00 i TOTAL ►AID .00 ---- �� NORT COStE&OAN 0 ADDITION NAME LOT 9LK PLAT PARCEL PROPERTY I.D. N7 DIIE Q1/03ta2 NR�ucrrN cnr�TY_ttIItliLY IYFBtlLLI1�1 IYITLm rFoncr WO PTAtun0 1981 TAX BOOK 38 ORONO TAXPAYER NAME/ADDRESS ESCROW NAME/ADDRESS ACREAGE SCH YTR SEW PROPERTY ADDRESS SM TMI 116 09 SUFX METES AND BOL44DS PIT SNP DST IOW Y VIHCENT 540 OAS9229 "9116GUIST L YICKLUND'S PARK, 004 42000 5425 07-117-23 32 W14 CHUCK J SMAG6ERT 000.00 277 3 473TONKAVIEY LA L732 IDNKAVIEILLAME STATUSt CURRLPIi F.ONO NN 55364 LOTS 3 AND 4 INCL 1/2 ADJ PARK AVE VAC AND 1/2 ADJ ADAMS ST VAC EX ROAD TAXABLE MARKET is 1 300 OUALIFTIN6 ANT .00 DIVISION NO TAXABLE ASSESSO 24,724 FO SHARED ASSD DIVISION DATE 10 AREA RATE 000 SEE ID I +EDUC YAL ASSD IF PROJECT NO. .Y4PROVE AMT 63,800 ' AY LEVTIDESCRII_IIOfi HMSTDPR .YP_ RATE AMOUNT _LAI{Q BLDi MACH OWN1<flASEL BASE2 NarTimr EOM -HOMESTEAD 6EN TAX N R E0.361 2,135.14 20,000 68,300 26,724 TOTAL TAX 2,135.18 TOTAL PAID 9".µ OWNER MORT CODE LOAN / ADDITION NAME LOT BLX PLAT PARCEL PROPERTY I.D. TAXPAYER NAME/ADDRESS ESCROW NAME/ADDRESS ACREAGE ICU WTI ►ROIERTY ADDRESS SN TW► R6 Ge SUFX METES AND OOUNDS DST ibis STATE LAND DEPT 826 'BERGRUIST • WICKLUND'S PARK, Or; 42000 4950 07-117-23 32 0013 STATE OF MINN Ann nn 277 it STATUSi CURRENT _ LOT1Q AND THAT ►ART 0f LO ULT 0f A LIME Q9 THE NELY LINE OF SAID LOT DIf 1 FT W LY FROM THE MOST E Y COR TWIREOF TO TI-.: MOST SLY CON THEREOF NARKFT VALUE GUALIFYIM& AN �— V S 0 NO LIMITED VALUE FD SHARED AS60 DIVISION DATE TOTAL ASSESSED _ FD AREA RATE .000 SEE 1D I IF PROJECT NO. -- FORFEITED LAND CONTRACT / TAX LEVT DESCx ►IION RATE AMOUNT LAND $LPG$ MACH EXEMPT TOT L TAX TOTAL ►AID � -- M4RT ITION NAME l ni •LY PiJT r�[£i POP sTT _ x n- TAXPAYER kAME ADDRESS ESCROW MANE ADDRESi ACREAGE SCH WTI PROPERTY ADDRESS SM TWP 06 00 SUFX METES AND BOUNDS DST SNO ROT W VINCENT "BERGOUIf WICKLUI'D S PARK, 004 42DOO 5425 07-117-23 32 D014 CHUCK J SWA6GERT 000.00 277 3 4739 TONKAVIEW LA _4734 TOWAY LEW LANE STATUS._CURRLKT ORONO MN 55364 -" LOTS 3 AND 4 INCL 1/2 ADJ PARK AVE VAC AND 1/7 ADJ ADAMS ST VAC EX ROAD MANKE . JALUE 16, sm ANT V ND -- - LIMITED VALUE VALUE 12,300 FD $HANEL OSSD DIVISION DATE TOTAL ASSESSED 3,936 FD AREA RATE .000 -T r-jvk SEE ID S o —. - - 00• RUN DATE 02/07/91 MENNEPIN COUNTY. SPERTY INfORMATIOM SYSTEM _ REPORT N0, PI433401, 1- TAX BOOK — 31 ORONO T�i�i C�iir7b€l�A7fTT R A 46-L]Wr, LAND B Dl 4S — MA — i--- — --- NON-40MESTEAD GEN TAX 101.TM 400.39 7,i00 4,500 _-_,033U1__INT"C AV SEWER 653ez sFw I i4TCLs-1 ��'� cTnor •... two NORT CODE/LOAM 6 ADDITION NAME METES AND BOUNDS DST SHP ATE OF MINH 000.00 277 3 STATUSt CURRENT LOT OLK PLAT PARCEL PROPERTY I.D. LGT 10 AND THAT PART OF LOT 9 LYING NWLY OF A LINE RUNNING FROM A ►T IM THE NELY LINE OF SAID LOT 9 CIS 15 FT MILY FROM THE MOST ELY CON THEREOF TA IMF rAST SLY CAD TMFtFAF ARKET 4ALUE QUALIFYING ANT .00 DIVISION NO EARLIEST DELQ YR - 72 jAll.U_ VALUE f SHARFD AS&D DIVIIION DATE— OTAL MESSED FD AREA RATE SEE ID S IF PROJECT NO. ED$ E08 REPORT N0, P3433401_ RUN DATE 02/01180 _ HENMEPIN COUNTY PROPER�OKSNFORNATIOM SYSTEM TAX 39 ORONO 1A% LEVTIDESCRIPTION RATE AMOUNT LAND B DGS NACM A6JUSTNT AM ATRANSA P 7N ExEr.PT 156.94- 05/09/79 92110 C N _Q330j INTERC iAN_YfR 63 14 _00 _ , _ 3.91 04/'[4/T9 042479 C _ 05382 SEW INP t9 0Ls-1 .00 303." 04/20/79 042479 f _ 06600 ST 12 . ? 04726/79 042679C TOTAL T'. .00 TOTAL PAID -00 PREY OWNER WAYZATA OIL CO OWNER MOLT (0bE/LA A.± ■■ ADDITION MANE SAT W[ Pt AT PARCEL PROPERTY I_D_ TAXPAYER NAME/ADDRESS ESCROW NAME/ADDRESS ACR'_AGE SCH WTR PROPERTY ADDRESS SN TWP RG 49 SUFX METES AND DOL'IDS DST $NO TRUMAN K IUD S WIFE "DER641JIST & WICKLUND'S PARK, KENNETH RUD 000.00 277 3 Zone l fASAHT lVw i i11Tui: CuttEMT NPLS MINN 55404 LOTS 3 AND MAQKET VALUE 4900 QUALIFYING ANT .00 DIVISION NO LIMITED VALUE 3:700 FD SHACED ASSD DIVISION DATE TOTAL -AlIESSFD 1,541 FjL AREA RATE _ACIA SEE ID i I/ PROJECT NO. 004 42000 5425 07-117-23 32 0014 1,1. Lf Wyj11ESGR IP T I AN ■ATF AMOUNT -LMD _ RL DI.& MACH _ -------- NON-HOMESTEAD 6EN TAX 107.348 170.79 3,700 --FRC SAm tiHF• At — 411R01 WN DP 1 V 75-1 133.61 410.69. 990.35 1,076.24** YZATA OIL CO - --� - _ 277-3 3,100 3,100L T NATL BANG 350 UST DEFT 3 EST-tKT LOW LOT 10 AND TWIT PART OF LOT 9 LYING NWLY OF A LDE RUNNING FROM x PT IN THE NELY LDE OF SAID LOT 9 DIS 15 FT wA-Y Foam THE MOST ELY COR THEREOF ")5 BERGQUIST AND WICKLUNDS PK TO THE MOST SLY COR THEREOF 6 GEN ' v 3302 Ir _RC SAN SEWER 63 15 5382 SEW IMP 197OLS-1 6660 STORM SWR ImP 1975-'1 143.46 459.82 +►+ DELINQUENT TAXES 1972 TRUMAN K RUD i WIFE 2T7-3 KE?, E H RUD 2408 PLEASANT AVE S 4 WLS MINI 55404 LOTS 3 AND 4 6GEN TAX 5302 INTERC SAN SEVER 63 18 5382 SEW IW 197OLS-1 6560 STORM SVR IMP 1975-1 157.34 456.90 ++ DELINQUENT TAXES 1975 STEV E MAJOR JR ETAL 277-3 MAJ OR 4705 N SHORE DRIVE 5 MOUND MINI 55364 _ LOTS 2 3 AND THAT PART OF LOT 1 LYING WLY OF ELY 9 FT THOF ALSO SELY 14 FT OF LOT 4 5 GEN TAX 104ESIGAO 7 LESS E)(CISE TAX CR 5382 SEL IMP 1970Lj-1 1,6.49.66 326.54 1978 38-OROW 1,�33 143.46 4.12 319.23 136.41 143.46 603.28•* 3,400 EST-W T 1,462 157.34 56,800 EST-WT 18, 348 1,974.66 3,400E 4,400 157.34 5.94 248.05 202.91 614.24** 18,700L 73,000 1,974.66 515.00 326.54 1,976.20►* 1,076.24**.".,,.._ 603.28 ANOINT UNPAID 614.24 ANOINT UNPAID 38,1006 988.10 06/03/78 04 05/31/7e MD 988.10 11/03/78 06 10/3117A -^ 4950 542.5 6415 0006 130.54CA 12/14/17 ^o'g70 PREY OV%fR JO;EP►+INE HEM4EN ET4 113G '.JCIL:.E M OLSON 217-3 2e.SS0 :,:ILLE M OLSON ;7S- NORTH SHORE OR 3 EST -MKS 4W0 INN SS364 L7TIISyyI AND ILL AND THAT PART OF LOT 9 PSING Ct N r RFROM A YMLT?)F SSARJNN0�LC R9 DIS FV4 MOSL O HEREO 0 TH NOSt SLY CA THEREOF S GEN TAX HOMESTEAD 9,41j ' LESS EXCISE TAX CR e BONDS AND I(NTERE S1 !3"2 ' rERC 3AN SEVER 63 16 Sae: R B IMP 91!X,S-: L6S'3 S ORM^S AIMP 10 5-1 .1.111'.026.1i BERG:UIST AND YICKLUNOS Pt •S• ,: SANK 350 +R;S� ;iP: 3 EST-Mlfi 10AND THAT PART PTIINYF NEWININFOM A IS HE J FT NWLYYFIIOMM THE MOST ELY CORITHEREOF 6IT MOST SLY CDR THEREOF 1.2+1 3t^-2 INTERC SAN SEVER 63 16 51e2 J;V IMP 197OLS-1 666C ORM SWR IMP 1975-1 135.19 4e7.71 135.19 It D£LINGLENT TAXES 1972 TRUMAN K W) 6 FIFE 277-3 KE%ETH RUO 240e PEASANT AVE S 4 `PLS v NN SS1404 LOTS 3 AND 4 66 GEN TAX 310? J�TERC SAN SEVER 63 18 112 V I!P 1191�15-1 6660 ORM SCR IMP 1975-1 1y4.S 417.25 �• DELINGI�N1 TAXES 1975 1w4.51 2,662:. ts,eeeC 30, 200 933.74 56e.e9 ;$/1e/77 A )2S.0f, 56e.x9 il/05/11 03 3 91 10/31/77 Wo 2e6.�4 i.1;7.7baa 145.46 1.131.'e�a IS77 3e-ORONO 135.19 4.33 334. so 146.se 622.4094 3.100L •.000 14+.22Sj 266.1Sss M.91 631.e0aa 622.90 631.80 4930 1.8 3e-42000 AWAINT LWAI0 AMOUNT UNPAI0 5425 S-E/E MAJOR Jai ETAL. 277-3 $1.420 13.310L 3e.110B yA 1, 6415 C16 OEP000IST ANC VIC[,,;'%CS PK 933.14 1.211.6e :P -:NE NE"4 ETAL 21,. _£Av NESTER 2:6 3 EST -MKT •A.;:NS`TA &SAS �065 o )is r 13:2 INTEAC SAN SEWER 63 IS 1312 SEW :MP 19100-1 113.S4 261.S1 113.S4 Is DFLINGL,'ENT TAXES 1970 E " OLSON 2 " 3 25,S65 m ;I SON • '• %.P'N S�jiRjE DR 3 EST -MKT v 11 y:)4S 10 1 ANC THAT PIAT OF ;DT 9 ;vr :ELK CF A L:NE RJNhIMG FR;M A ?' '"t NEIT ::NE ;F 541C LOT i O15 '5 NWLT FROM THE 4CST E T C°.R 'NEREOF TO THE MOS' SL' (SR 'Mco OF TAx HpMESTEAC iS EXC1E TAX CR 5:%CS AND I4TEREST S302 :%TERC SAN SEWER 63 19 5'!: SEW IMF 1910.S-1 WAS 304.12 9161.01 WAY ATA OIL C^ 2/T I 2.Tor, '0% SAM ISO CSFT 3 EST-MX1 ,�T 10 AND THAT PART OF LOT 9 LY14G NWL" OF A LINE ALkNING FROM A PT 1N "E NUT LINE OF SAIUAEJ OT 9 DID 1S �' NW, T FROM THE MISLTOA THEREOF '? T►•� MOST SLY ;OA 6 SEN TAx 1.161 S332 INTERC SAN SEWER 63 19 542 SEW IMP :970LS-1 ` 127.12 35,4.90 127.72 CELINGLENT TAXES .972 •a v��� c a*-!C I e:Ff 277-3 jo 1976 3!-OaONO 2.14o0: 2.bO0 t.96 263.62 A::28* i.+i:l 2!. US =1.0':,. 30.37 14.05 SOO. 01 92S.5:•• 403 31-42noo 301.12 AMOUNT UNPAID 23. S•?6 �61.15 �:!IO/T6 OS S23.SO��� 2.1D% 127. 72 4.S3 35D.37 482.6212 ys2.67 2.!1110 2.9;`.L AMOUNT LW AID 4910 4930 49S') A .. .... .... Lr• i•i� it ill;. /l•i i i.'i Cl r:i nl.l+l I i,?; CR ItiliPFS7 50 SLWA) 0 IB IIiP 197i,L5 1 27?- 3 it AND THAT PAkl OF LOT 9 LYIMG :i-Y uF 0 LINT: RUNMIMG FROM A PT IM n:- ht.t Y LIhE Or ;AID L07 9 DIS 15 ± i ;t.'; r FRAM 111E MOST ELY COR TNEREOF ,u 'I if hJST SLY CUR THEREOF h GcC TAX I;RGBUIST AND MICKLUMDS PK �G IhlI'K SAM SEWER 63 IB ` 'Lk IMP 197OLS-1 12C.16 370.0 i •• I:L'MOUEhT PRIOR 1972 t ., .. Git i:rki 277-3 lillTGh 3 4 .AY. i :idt '.I t1Lk F.3 Ili /4 i.►;ii,�f I r,11i'1kl ►tal/ 7%640 866.4 , 4.c 3t1.41 MOO 26661. 3'i8 I r 1.75 4.4.44 11/tl1/75 84 C 1975� 38- IRWO PAGE IRW 4nM 4.74 365.94 4:6.78•• 446.It$ AMOUhT IMIPAID Iv3ddL h-CUR DIV BY DIV 140 3*W3 37125 54H (; ).'uc 3.44 14e, w r�f�IrFQ. BED >'J15T AND W1Ck;LLtIDS PK ,_C I SE TO CR 6 ` ATIC INTEREST „ 1':TFPC SAN SEIrfR 53 18 Z4 1W 1970LS-' 27+-3 2 5OU 550 0' Atd! THAT PAP.] OF `OT y 1 Y ING A I,'f R F'+, L M1116 FRh'It•1 A 1'T 1N t l' LINE OF SA1{i LPT 9 [115 NIA FROM Tit- I•k _ T ``1" CPR T1tREUF 70 Tit MOST SLY CLV T�R W + '75 S.'C LSN INTERCISAN SEWER 63 18 1'0 ;b� 5EEW IMP 19710ILS-1 114.38 46 as DFI INDENT PRIOR 1972 E ILBER. 2�7-! 'KT;,.1 1,500 .T. + + •� `..5356 3 a ;E': TO 559 • • +1TF.RC S:JJ SEWR V !H IMF' 1u7G 5-1 �, 4, ?51 .: `_ tijLKT01i 4 4 M' 1 5' 35h i k+. `.,R.+i `i WF R 63 IR IP9 "71J 5` 1974 _ 38-ORINNIO 325.00 22.45 4.42 326. 74 819 1496 i', `UL ?14.38 4.95 381 51 500 8444 4,,:# 5; Cr-/3I/14 05 PAG'E 18045 42000 409.57 11:'08,'74 04 8'.9.1444 500 -4 1, 30UL 4950 AMi?L41T LIVA 1 D 5400 3 59 i 5 71 I Oi U,' •74 04 148 'b 211 4261 4246 560t; `_9 48 i U!' 60 D0: 04.' , 4 08 kl I•� IV-, (,U10`5U. 'd 04 e11 uls 94 us. ir • : ` lit EOR ' 1 t!L Mh ti i :;; i .lM TMi P.EOF - � El':.�f. Th.ti i:fi "•� d� :.1.. J.: 11/1J/?3 0i s Iforpt iks SEWER 6; 18 tat i 9'OE.S—1 'raJ. Uh a_ U 344.69 8y'�.1?•� THAT PART IF LIT 9 LYING L:fE OWING FROM A PT- IN 111CVSAID LOT9QIS15 -kjm THE M05T ELY UR THEPEPf •. a. '°'i' SL i CON THERE .. ' SEICR M 16 oSAN PRIOR '-9": AMJU.'ITUNPAI�i KaHC R r� SEWER ASSESSMENT'S 1973 - 1982 (All unpaid) Year Amount 1973 $402.23 1974 386.46 1975 370.68 1976 354.90 1977 487.71 1978 455.08 1979 0 (Lot reverts to State of Minnesota) 1980 0 1981 0 1982 0 Taxes "owed" to CITY OF OROND Year Assessed Mill Amount Due Valuation Rate To Orono 1973 $ 1,032.00 11.722 $ 12.10 1974 1,075.00 11.1159 12.32 1975 1,075.00 12.383 13.31 1976 1,161.00 12.626 14.66 1977 1,247.00 12.418 15.49 1978 1,333.00 13.72 16.83 1979 0 (Lot reverts to State of Minnesota) 1980 0 1981 0 1982 0 Estimated: 1985 $19,800.00 11.224 $222.24 17,", of $30,000.00 19% of '0,000.00 30% of 31,000.00 100, WMMIY. � Mr�� �. �ri���..rJ.r... rr..w.r .._..�.�-r..--.� � �.,....�.�.....r �....��..-.� • �/ I I I jf� J . • '• .r •�. mow.•. .. �. .. •-. .... . v! � .. �—. �� u,.. �. _-_.� ._• _... � � .r►w � . M� . •4�.... �r�. _-.�..w..�•+••.._ ��_.�w.�.� �.s�w•w� �.�i�.+.w.wr�- w-.+.—•�—r .••►w.��+r. .»w.. �.wT••r_Iti��.•w.rr�r•.r �wr++��r�.w•'��.w.rwr.•.-w•.y...w •r�urww•.•r�� I • I 1�'!�-•TS TfT4l7.t tJTJ�Rt.-. '� .. .� ..r. .. = _ -. - - - ..=• - ... ._ -_ __ .. Cf•I! L.xd • ( _ llAlr �%Yl�. fEt � T r �w�•�+�w•�►w•�Ww�r1Yw...+._w�•ww...�ww�_•�n.�Iwr.�+r..��.•��Ya.rr—.•..�.w�..�..w+►�..►w�.•++r..rr•.• .ww�.� A• - - r�V��..r.�•.rM� _ ---. ..�-^+!'fir -,•'l Y•..►+.w. �w+"'t7.-�-►r^.tr-.r..-�w-.r•..-.�••�•+r�1` �� �. -. 'J• .. J .. L � n �• j v _�— 1 , r .fir —T• r N'_f;!•..«atjlj:J•w�:.r � 1Q'JI✓ _�ila+.� C.i.•. � x I _. _ i �1 r - ------ - �a I _ •-.....- ,;_fir �' _--_------� rt, 1 . _ 2... ' ' �� �� •h� j �ii m. all t tl __. I. Burnet ST LOUIS PARK OFFICE 7035 WAYZATA EIOULEVARO MINNEAPOLIS MN 55426 (612)546 3200 2/20/84 TO WHOM IT MAY CONCERN: I have been asked to give my opinion regarding the fair market value of the lot and proposed improvements thereon legally described as follows: Lot 10 and that part of Lot 9 lying Northwesterly of a line running from a point on the Northeasterly line of said lot 9 distant 15 feet Northwesterly from the Easterlv corner of said Lot 9, all in Block 3, "Beryquist 6 Wicklund's Park, Hennepin County, Minnesota." I have been selling real estate in the Lake Minnetonka area for over 8 years, including a number of homes and lots in the Mound -Orono area. Following are my opinions as to a fair market value of the lot and the proposed home based on the current real estate market: Estimated construction costs per square foot. '050.00 X 1176 ft. $58,800.00 $30.00 X 1176 ft. • $35,280.00 Estimated Fair market of lot = $10,000.00 Total -PO4,080.00 I used $50.00 Per square foot for the upper level construction costs and $30.00 per square foot for the lower level construction costs as these figures are neither bargain basement nor opulent but somewhere in between. Further these fiqures appear to reflect the type of construction which the contractor has in mind. A susslu#AR• of Mf Rpilt LVNCN Rl AL1V ASSOC MISS INC Burnet ST LOUIS PARK OFFICE 7035 WAYZATA BOULEVARD MINNEAPOLIS MN 55426 )612) 5416 3200 Comparable properties in the area: (Taken from February 1984 MLS Book) M20602 NEW claw- "D 1 1s AA a fyi•uw 1 , 4 Ali � i Ara 111s WILLOW YA , 1 /A has t /A � n nw AwwT wA r 1 �p 5-11000 ly WtCrA •N, �)CIA A 1{ 71 3 .1 1 ■AUMJ 1 Aar LDT a oun 9M9T. AL w00o Roor1► MAW COWTlrT W041L KNI1198 w1101. LAM AwINArri AD= V§M wrnAa. MOM TOHONIA NUM - ItOflWIq K4JO1L (Attach MLS Pictures) tf 20503 NEW ASeo[r,r wo f @A M $99,500 —` 6ft L111011111 Ate . .� OAM n M w1m I 1 . AAA 41 n/ttM .MY evr.•,}rwl r. s 1 0 / IM A 1 T _ r A LOT OF HOUM 00 YAAAG AA1! TIMM ALMS' AM � ►A0 UXAno w A PSIVAn, a000AT 11NAt0A to U WS ATID . M411 ASILD tM�O01►A r0n AM c o.oro utaaA�.tAa t now To wy rrAA i CTddA. ►. s. b. TortA ,A MwT 1Mn4 W TO A@A A Given the above values and the other hones in the area, I feel the fair market value of the subject lot and home would be approximately. $90,000.00 If you have any question, feel free to contact me. Sincerely, G Carol A. Deisher SV6SILNApT 0 ME �iLL LltR1CM0 AE Al71' ASSUC, MTES rNL 6 LOT Block 3 COMPARISON OF "NEIGHBORING" LOT SIZES AND AMOUNT OF LOT PROPOSED HOUSE WILL COVER Lot 10 6 part of Lot 9 Lots 7 6 8 155 x 50.4 - 144.25 x 50.4 - Lots 566 147.25 x 50.4 - 181 x 50.4 - 7,812.00 7,270.20 15,082.20 7,421.40 9,122.40 16,543.80 FEET2 15,360.00 ft2 15,082.20 ft2 16,543.80 ft2 Proposed house will be approximately 1,176 ft2. Proposed house will cover approximately .077 of lot. (1176 _ 15360) (Additional) Comparable properties in the area: (Taken from January 1984 MLS Book) Gurnat ST LOUIS PARK OFFICE 7035 WAYZATA BOULEVARO MINNEAPOLI' MN 55426 1612)546.3200 (Attach MLS Pictures) X44326 cwf MOD OA a $112,900 7 YtYM f3AOK MCTOAAO 100AS, *Mw 1OTAn wn w nO0118M-TOTA 11 v AMM"Ala 1Aw1 YAM Two C1 Ao"'CLIATAr • CAOO M T1 — AALSWMAT OOONO TTTM 1Mtl1Atl AK U 44254 cam M0 w oA a 1 TYYOIwi' TOOTIOfOM&4MA0Ac VIC Ibrw NFITPI T • AtAfAr OOTANOMW TINT DAYS, wfTAT1 win mom 6I711. • TOTAlT NAONHAM TOOw YARYwo tlUNG41, ) OATM LAM ^ ® A SVOSTOIARY OF MF RRTII 1YNCrh Rf A/n' ASSOCfAT[S INC AA t _ � ` �--+ �� fir, ., ..: '• �.... tot &dims • Ann C. Schutz Anotno w 1 ar 935 East H'orana Bf,-d. N i{r,ata. Ahnnesota 53* (61:/ 476-0122 1, cj I Y OF ORON ":ay 11, 1984 Nr. Paul 1'. Campbell 1400 - 181st Street Place Northeast Voodinville, Washington 98072 Re: Lots 15 and 18, "hergquist 6 WicYlund's Park," Rennepin County, Minnesota Dear Mr. Campbell: My Client, Mr. I.D. Caples, has recently purchased ,.ot 10 and Fart of Lot 9 in "Berquist 6 Wicklund's Park" in Orono, K:nnesota. Due to the restrictive zoning provisions in Urono lie has beer, unable to obtain a building permit until he acquires approximately 6,000 square feet of additional land. The Orono city records indicate that you are the owney of Lots 15 and 16. Are you interested in selling all or part of one or both of these lotF? Please contact me at your earliest convenience addressed, stamped envelope. Thanks• very much. )ours very truly, Ann C. SchL1Z Attorney at Law ACS:keb cc: Mr. and Mrs. 1.1). Caples City of Orono I have enclosed an Ann C'..Sc•hulz Am : no ,-, I im 933 Ease If ar.-uta Blvd. Har,alu 0Jn11eA010 ! 391 ,6121 476.0122 Xav 11, 1984 Mr. David G. Turney 34A Puukir•• P' ce KailL.:, nnwa; i 96734 Re: Lots 16 and 17, "Ber^.quist 6 Wicklund's Part:," Hennepin County, Minnesota Dear Mr. Turnev: My client, Mr. l.li. Caries, has recently purchased Lot 10 and part of Lot 9 in "Berquist 6 l.icklun3's Park" in Orono, Minnesota. Due to the restrictive zoning prov.sions in Orono, he ha,- 'eer. -:,ble to obtain a building permit until he acquires ti-ON -,jr : v feet of additional land. T7 a Orono rite• rtcords indicate that %•n. arc iii, c,.:nEr of Lo: r It, and 17. .-�e you inter, .ted in r•liing all or part r� moth of these lots? :y a contact we at y-rir earliest convenier VE enclosed an aY::•:I. ': .Li, fits . -d envelope. '.'hanks very much. Your& very truly, ..in C. Attorney at Law AC: ' oth tir. and hors. , D. ::aples City o '-rono L Ann C. Schuk Altulnri at Law 935 East N ur.ara Blvd. 11 i;r::ara, Alinnesoia 55391 (612) 46-11122 July 3, 1984 i JUL UU ' -CITYOF OE(v! Mr. Paul V. Campbell 14630 - 181st Street Place Northeast Woodinville, WA -F072 Re: Lots i.5 :.-nd 1L "Bergquist b Wicklund's Park," Hennepin County, rlinnesota Dear Mr. Campbell: The City of Orono has agreed to vacate Park Avenue which lies immediately South of the Southerly line of your property. Fifteen (15) feet would be available to my client Mr. Caples. It is my I.,t- ?rstanding that you do not need the additional fifteen feet in order to have a buildable site. However, as you know, it would greatly im- prove my client's position if he could acquire "your" fifteen Feet of the vacatee avenue. I believe the square footage for the 15 feet ad,acent to Lots 15, 16, 17 and 18 is 3142.95. When Mr. Caples acquired Lot 10 and part of Lot 9 in August 1983, he paid approximately 29c per suqare foot. Consequently, I am authorized to offer to you $ 911.46 (ie. 3142.96 X $ .29) as a sales price for the 3142.96 aquare feet now belonging to you and Mr. Turney. As a planning commission meeting appreciate your immed4 pnt- Thanks very much. Yours very truly, Ann C. Schulz wttorney at Law ACS:kfs cc Jean Mabusth 7 D. Caples -heduled for July 16, 1984, I would G Ann C. Schulz Aitomo ai Law 935 Eas► Hbrza►a Bhd. 11 o►•zala, ,%linnesola 35391 (612) 476-0122 July 3, 1984 Mr. David G. Turney 348 Puukinai Place Kailua, Hawaii 96734 Re: Lots 16 and 17, "Bergquist 6 Wicklund's Park," Hennepin County, Afinnesota Dear Mr. Turney: The City of Orono has agreed to vacate Park Avenue which lies immediately South of the Southeily line of your porperty. Fifteen (15) feet would be available to my client Mr. Caples. It is my understanding that you do not need the additional fifteen feet in order to have a buildable site. However, as you know, it would greatly im- prove my client's position if he could acquire "ycur" fifteen feet of the vacated Avenue. I belie•►e the square footage for the 15 feet adjacent to Lots 15, 16, 17 and 18 is 3142.95. When Mr. Caples acquired Lot 10 and part of Lot 9 in August 1983, he paid approximately 29C per square foot. Consequently, I am authorized to offer to you $ 911.46 (ie. 3142.96 X $ .29) as a sales price for the 3142.96 square feet now belonging to you and to Mr. Campbell. As a planning commission meeting is scheduled for July 16, 1984, I would appreciate your immediate attention. Thanks very much. Yours very truly, Ann C. Schulz Attorney at Law ACS:kfs cc Jean Mabusth I.D. Caples E, ;Ii.}•-: Oe AI'ItIIJ !G, 19('4. "of.CT is it) 11.14. ii.0 I l�l:lfiny Ci sicln n:�t or; tli(• a})ove urtc,. 'Tne fo21Guincl Ircnabors were tlretient : Cll ni j-poison Cocoon, aovegno, Adams, i:r_1l.ey, Siwm, and CL11ahan. CG: is 11L1_f :}a1 IJ QML; --as I'1rC:LL'nt. Zoning 1,iminis— ti:aLO 1-::11JU-t11 L:l:d ASSlUtL11t Val11nCy is(S1ili11ifitCiJ+:Ci7 Caffs:c.s vine I• c:,cni. I.. c..., 1._:.. I1o4u411..ti,(? were prc:f.. Jen. 60i+_1.g r.r .cd {.}lcl t fit J'VJt of 1%uU2i.C4iicln LIiCI :.1._ c.:rt�fir_•::ce ci: l..�i?..r:c;. I,uic };en�c:•'f 5.....i;C.: to fi:.di.ng c:12 L'.. •1L' rcr:ir: c?if.::r_.ci; }.�.�t_ Lr_"�a L::L•if.•ficc: �� �- i.:.�J':G'vC� LCC!:f:: tU i.. !.".i,liCi.11: �@ 'i C C C.l !-C_•t:G_ CG:.1..::L iG11 t . t, J L; L:..:Ii::L:.t CC._r.C: fs✓r L:J cncrcL. h i:aG �.• •. lc.:rJ iu �► i. C::C_C:. CAL.;., �... "-1* 1.•........r,;.�r. _�._ L'c:}.I: ats ct:utc3 tl'.t the 1 :.i.f.::14 L'. •:t �'.• J:S r:. f... Af -1 ... i : Y}. . 1't.t C %;r:7 ::o } -* Vcf--I:L'C I i. .iiic.l... .c.:r, tLa'_ 1.:1y 1 _ I,uilcrlU2 f . Q ► '}` ►►1►: 1'f.Fi�illlli" CU;;iiT:;:iI011 113.;TTIR; OF 1►1'im. 16, 19R4. 1 e i i dolly MilesoU 1620 uITI,DYWo0j:) iiOr.D VARIALCL' 0014 J0611 CRICSOQ 3482 LYRIC AVLME VARIANCE. U `7 Kelley stated that by would he in favor of th- ! vacation. Rovegno stated that the survey is not ctorrr:t. Sime stated that the app.1i.cant should try to ,ittai n additional land by vacatis►g Par.], hvenue anil a now survey M-ould be done. Sine noted that the ap '.i ant war, placed an notice that tl►e 10L may not Le b►A lr fll le, Sir--- stated that fie would not t,e in f.nvor of ti►e variance unless the applicant acquire% additional land. Callahan noted that. even if you vacate Parh Avenue the lot would still be substandard. Callahan, Stated that he would have a h rd time arts.-vincl this variance application because it could set a precedent for the rest of the neighborhood. Schulz stated that if the applicant cculd -quire an additional 6,000 sf is would bring thy. lot closer to the other lots. Adac►s felt that it would be a 000d use of the property to put a house in the lot and that it would f it in with the rest of the neighborhood. ladams stated that he would Le in favor of grant Dig the variance. Y.ellcy agreed with Callahan that the lot is very zubstandard. Sirao muvell, 1,011ev seconded, to table the variance application to al low the applicant time to explore the idea of acquiring additional land, for ti:e applic:unt• to get Lsiother :survey and for applicant to explore the access issue. Vote: Ayes (6), gays (0). JGhn Lrics;on was present. Ericson asked that the City table laic variance application to allow his attorney to review the Zoning Adminictra�or's memo. Rovegno moved, Kelley seconded, to table the Ericson variance application. Vote: Ayes (6), Nays (0). John Ericsson was: present. Ericson stated that at the last Planning Commission meeting they asked his to explore acquiring additional land. Ericson stated that tie does not intend to buy the lot next door. Ericson stated that he didn't want to put any more money into the land. MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 16, 1984. PAGE 8 783 Z.D. CAPLES 470 NORTH SHORE DRIVE VARIANCE I.D. Caples and Ann Schulz, attorney, were present. Zoning Administrator Mabusth stated that -;:his was tabled at the April 16, 1984 Planning Commission meeting to allow the applicant time to acquirv� more land. Ann Schulz noted the size of other lots in Lhe neighborhood and noted the Caples lot is larger wit:-t the partial vacation of Park Avenue. Kelley moved to give conceptual approval to Caplet. variance application finding that with the partial vacation of Park Avenue Caples lot is larger than the neighboring lots and no other land is availaole and subject to the following conditions: 1. No other variances are granted for this applicant. 2. Applicant to apply for partial vacation of Park Avenue and variance will go into effect when the vacation has been filed. 3. This property may never exceed 35 percent hardcover and lot must meet all other lakeshore ordinances. 4. All hardcover should be shown on survey along with building envelope_ 5. Approval is based on the partial vacation of Park Avenue with a lot size of 18,285 sf or .41 acre. Sime seconded. Motion, Ayes (4), Nays (1). Minority Opinion - Callahan voted nay. Callahan felt that even with the addition of the 15' of depth with a total lot area of 18,285 sf that this lot is still too small. #827 C.D. WILLIAMS 1932 FAGERNESS POINT RD VARIANCE C.D. Williams was present. Assistant Zoning Administrator Gaffron stated that Planning Commis- sion tabled this application on May 14, 1984 and asked the applicant to come up with another plan to reduce hardcover. Kelley stated that at the last meeting there was a drainage problem with the neighbors and asked if this uas resolved. Ann C. Schulz Anorncy at law 933 East H a ► zato Blvd. 11 a zata, Alinnecota 33 391 (612) 476-0122 January 3, 1985 Northern States Power Law Department 414 Nicollet Mall Minneapolis, Minnesota 55401 Attn: Ralph S. Towler Dear Mr. Tuwler: OMG CITY OF ORONO Enclosed are copies of the following: (1) Partial Plat Map: S 112, Sec. 7, T.117, R.23 (2) Certificate of Survey for I.D. Caples in Lots 9 and 10, Block 3, Bergquist 6 Wicklund's Park (labeled I) (3) Certificate of Survey for I.D. Caples in Block 3, and adjoining vacated road (labeled II) It has come to my attention that you may have an easement for land which will be under the proposed house and garage as positioned in the Certificate of Survey II. If you have such an easement, we'd like to work with you to change it, if possible. Please feel free to call me if you have any questions. Piedre contact we with any proposals which you feel are fair. Thank you. Yours very truly, Ann C. Schulz Attorney at Law ACS:keh cc: I. D. Caples City of Orono COUNCIL MEETING To: From: Date: Subject: Mayor Butler Orono Council Members Jeanne A. Mabusth, Zoning Administrator January 9, 1985 Jnri -.*, 19,K - CITY OF ORONO #878 Thomas & Kristi Kaul, 1900 Shoreline Drive - Interpretation of Zoning Code Pertinent Zoning Code Section 10.20, Subdivision 4 (C) Home Occupation Zoning Sections Pertinent to Review: 1. Section 10.02 2. Section 10.02 3. Section 10.02 4. Section 10.02 5. Section 10.61, 6. Section 10.61, List of Exhibits 11 - Boarding house 19 - Dwelling 22 - Family 31 - Hotel Subdivision 2 (A, R, C) Subdivision 5, A Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Site Plan Exhibit. F. - Registered Land Survey Exhibit F - Stillwater Council Minutes of 4/5/83 2nd application for B&B Exhibit C - Stillwater Application CUP Exhibit H - Stillwater Council Minutes 5/82 1st application for B&B Exhibit I - Resolution of Excelsior Approving CUP for B&B Exhibit J - Article on B&B Exhibit K - Informal Survey by Kauls Exhibit L - Copy of B&B Registry Exhibit M - Applicant's Introductory Information Exhibit N - Planning Commission Minutes of 11/19/84 Exhibit 0 - Letters from Residents Current Application in relation to Zoning Code The Kauls have filed an application with the City seeking confirmation that their Bed and Breakfast use at the property located at 1900 Shoreline Drive is an approved use per the Home Occupation Section of the Zoning Code. Staff confirmed that the Kaul's proposed level of use would appeal to satisfy the performance standards of the Home Occupation Use but the quasi commercial aspect of the use and the lack of direction in the Zoning Code would necessitate Council's review and approval. The Zoning Code lists definitions for boarding houses and hotels but no where are these uses listed as permitted uses in the specific zoning district. Are we to assume that boarding houses are 0 permitted in residential zones? A residence is classified as a boarding house if 3 or more unrelated persons are provided meals or lodging for compensation - note that the number of persons serviced is limited to eight under this classfication. A family unit is also defined in the code ". . . .a group of not more than four persons not related maintaining a common household." Staff has used this section of the code as a guide for owners of houses put up as rental properties. I would safely venture that there are rental properties throughout the City where there are more than four unrelated renters - especially true for the larger, older homes within the City. Kaul's proposed use and brief review of the property: The subject property is the former Alden Anderson homestead. In 1981, the City denied Anderson's variance application that proposed the separation of his substandarn rural lots. The code requires four acres of dry contiguous land; the property contains approximately 3.3 acres of dry contiguous land. Since that variance review the Andersons have moved out of the house -- the house has been vacant for over a year and a half. The Andersons have had the house offered for sale for at least three years. Reports from persons seeking information on the property confirm the house will require major repairs if it is to remain in its present state and not be torn down. Kau l's B&B will provide 5 lodging rooms with a limit of 2 persons per room for a maximum use level at 10 persons. Meals will not be served except for a "Continental Breakfast". Guests wi 1 1 not be allowed to use their residential dock for boating. The nearby marina, Sailors World, will serve all gue-I s. The dock wi 1 1 be used by their guests for swimming, fishing and sight seeing. The grounds and porch area will be used by guests. Lawn games such as croquet will be provided. Guests of a B&B usually arrive in late afternoon and leave after breakfast the next day. There is no commercial signage planned as guests of B&Bs are referred via a special statewide B&B directory. B&B owners do not advertise in local papers. I have been advised by tr "duls that a B&B operates in Minnetonka Beach - neighbors and City are not aware of its existence. Parking spaces will be provided on the property to the rear of the property and out of site from passerbys and neighboring property owners. The applicants have provided abundant information on B&B operations for your review. First and foremost they want Council to know that the house and grounds will serve primarily as their home and special place to raise their young family. Review of proposed use and performance standards of Home Occupation: 1. Use is carried on only by persons residing in residence --the r.auls advise that Mrs. Kaul will be the only person involved in the operation. 2. No paid employees --same as above. 3. Use conducted within principal residence --the Bed and Breakfast use will be contained within the principal residence. 4. No outside visible signs of use from street --applicants propose no signage, lights, etc. Five ( 5 ) parking stalls will be screened by natural screening in the rear of the property. 5. No excessive stock stored on premises --does not apply. 6. No over the counter sales --does not apply. 7. Entrance to the Bed and Breakfast use is through the principal structure--Kauls plan to incorporate Bed and Breakfast within their home. Entrance is shared by residents and lodgers. 8. Are there adverse effects on the character of this residential neighborhood as a result of this use. a. External appearance will not change except for the appearance of guests in yard or at dock but in the performances of associated residential like uses. Remember the house contains seven bedrooms and if used to the "maximum potential, family unit" could sustain 14 + permanent members instead of the intermittent week-e:nd use of the B&B guests. b. Septic use will be comparable to eight member family use --except Mrs. Kaul advises that laundry will be done commercially. There is certainly adequate area for more drainfields. I have been in contact with two cities that have approved B&Bs. Stillwater allows theirs via a Conditional Use Permit in what they classifv as an R-2 or duplex zone. A district that has predominiatly large, older homes. Their staff has sent copies of the minutes of the first B&B application back in '82 (exhibit H). The opposition voiced by the affected Stillwater residents is the same as that voiced by the most affected Orono residents. 1. Establish commercial use in residential neighborhood. 2. Increase of traffic. 3. Detrimental to property values. 4. Bring in strangers to neighborhood. The Stillwater staff reports that after the first B&B was 3 approved at an 8 bedroom use (not primary residence for owner) that they never received a complaint from the neighbors and that those they heard from said they wouldn't even know a B&B operated within the residence. A second request for B&B was approved in late 183 without any objections (exhibit F). The City is considering limiting the total number of B&Bs to four for the district. Excelsior allowed their B&B via a Conditional Use Permit because the use satisfied the performance standard established for use of designated historic structures. I have enclosed the resolution that approves the use at 201 Mill Street. The applicants have provided copies of an informal survey of the neighbors of the various B&Bs. They have also provided the names and telephone numbers of persons that would be willing to discuss their experiences with a B&B operation. Staff concurs completely with the Planning Commission recommendation that a,though the B&B use satisfies the performance standards of the Home Occupation Section of the Code, that the original intent and scope of this section was never intende.l to review a B&B. If the code is to be amended, many of those very same performance standards should be considered. I have checked with other governmental agencies that would have to either inspect (annual inspections) or license such facilities. A B&B is classified as a Lodging House by both State and Hennepin County "where sleeping accomadations are furnished to the public as regular rooms, for periods of one week or more, and have five or more beds to let to the public". Hennepin County would require a license for such use and conduct annual inspections of the facility. Prior to th - issuance of a building permit by the City, Hennepin County's Environmental Health Specialist must renew and approve all plans for B&B facilites. The State Fire Marshall will inspect the premises to assure mat all State Fire Code Standards are upheld. The facility must be approved by the Fire Marshall hefor it is open to the public. As the B&B will riot provide mea'%. the more restrictive standards for kitchen facilities is not i.-yuired by the Board of Health or Hennepin Courty. The Planning Commission also recommends that Council consider an amendment to the code that would permit a B&B use in an acceptahla or more suitable area. I don't quite understand what a more suitable area means. If adequate controls are placed cn a B&B operation what is there about the use or its associates: uses (the outward, visible signs of guests using the facility) that would endanger or be in conflict with airy residential district. A big house is more likely to be inhabited by a big family, multiple renters, etc. Ever since I have been with this City, we have been involved 4 with discussions of innovative ways to save our older, larger homes that have become landmarks for the Community. Many of these homes are located along the shoreline of Lake Minnetonka. The B&B use may be one approach to this problem, certainly nct the only solution. I would concur with the Stillwater staff that a limit would have to be placed on B&Bs within a City. If we go the Conditional Ilse Permit route, you may not place limits on their nur.:k,Ar. We may have to opt for licensing or franchising where limits are permitted. I have discussed this concern with the City Attorney's office and they concur. The City Attorney wi l review the question of Municipal licensing and report his findings at a later date. The Attorney has also confirmed that performance standards can also be established for license applications. Options of action available to Council: a. To deny the appeals petition of Thomas & Kristi Kaul finding a conflict with the original intent and scope of the Home Occupation Section of the Cor?e and the B&B use not permitted as a Home Occupation. 1. And to direct staff to draft a resolution of denial and to further advise the applicants that a B&B use would not be compatible in a residential zone and to be in complete conflict with the intent of the residential zoning districts of the City. or 2. Direct staff to draft a denial resolution of the appeals petition and to further direct the Planning Commission to study and make recommendations to the Council regarding a proposed am-ei.3ment of the code that would al low a B&B use in a residential district either via a license or a Conditional Use Permit and *o address the following issues in performance standards: 1. Sewer capacity or adequate land area for drainfield to sustain subordinate + principal use - need to secure area for future septic expansion. 2. Use must be located in principal rest ace of owne.;'operator. 3. Limit on number of bedrooms - guests. 4. Additional signage limit side of Section 10.61, Subdivision 2 A, B & C. 5. Required screening for off street parking • 1 off street parking space for each bedroom unit. 6. Use not to be . _ sed in local papers. 7. Sale of alcoholic beverages prohibited. 8. Regulations on meals served on premises. 9. Permit or license non -transferable. 10. No public gathering to be allowed on pr -ty. ' CITY OF ORONO GENERAL LAND USE APPLICATION -------------------------------------------- � `=l�'--------------------- PROPERTY LOCATION Site Address Property Identification Number (P.I .D. ) ,r► -„7 -eo, 7 Please check one -- Is the property abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. ------------------ APPLICANT Name %(j2_.-,T► ! r,9- Phone Mailing Address Ov-1c•-- Pt �t��c5i�� m� �'5�,3',/ .----------------------------------------------------------------------- RR Name _� ✓ !�ru� /�%:,1 � `�„' Zy'sYV Phone Mailing Address ���L ��.� i,:.� -✓-': /''`'���%i 714..�... ,5�.�`�� Date Property Acquired c`� ` zj (month/year) ��� `-tAA ,•�d5' I ( ) also own the ddjacen, parcels of land. --------------------------------------------------- -- -------------------- FEES - Conditional Use Permits $100.00 a) Residential Accessory Use $100.00 b) Institutional (church, school, •.) $10U.00 c) Duplex Credit/Bldg d) Land Alteration (grading, filling) $150.00 e) c;+hmercial/Industrial Use . PRD/PID - s,c_ fee schedule Other Applications S200.00 Vacation. '50.:0 Rezoning S100.0 Appeals / 00-mvp-.foYomw Other - see fee sch,.,dule I OCT 2 51%4 , off Gore ------------------------------- (over) PRESENT USE OF PROPERTY Present Zoning District Present Use of Property R I /a m Residential Other (specify) ------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: !���. ,,� (L(.q,QA- a Ltj4 ,i,,,�r�� %u.�•� �[l" �Nll�1A �Ial,. �I' Cf7tl1 lf< • )- C ------------.--.----.----------------------------_--------------------- REQUIRED SUBMITTALS Completed Application Form. c�rtif ied Property Owners List of owners within 350' (yo•.j can obtain this list from Hennepin County Department of Finance A-603Government Center 348-3271) %hot &%t- d 10,A- 3h. r Stamped, legal sized envelopes (#10) pre -addressed to each of the names or, the above list with no return address. J' Certificate of survey. 5. Construction plans, if applicable. �6 Plat Map. --------------------------------------- ------------------------------------ The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. ----------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred ir, review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature `00 g F Date %Cis` •�/. ti.! 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 I this request. vwnEr"s signature _ ^_ mate - Applicant must have all submittals into the City offices 25clays before the Planning Commission Meeting. Planning Commission Meetings are held on the third ::unday of each rroonth. Ir RUN DATE 10/19/84 BATCH 006 36 10-117-23 13 0014 PROP AOOR 019SS HERITAGE OR OWNER NAME E A S CLARK JR TAXPAYER ZUGENE A SHARON CIARK JP NAME/ADDR 1955 HERITAGE DRIVE OROHO H14 S-391 38 10-117-23 42 0002 PROP ADDR 01830 SHORELINE DR OWNER NAME A L ANDERSON A H M ANDERSON TAXPAYER ALDEN L A HELEN M ANDERSON NAME/ADDR 1830 SHORELINE DRIVE WAYZATA MN 55391 38 10-117-23 42 0005 PROP ADDR 01930 SHORELINE DR OWNER NAME A 6 ASCHENT.IECK JR ETAL TAXPAYER A G ASCHENBECK JR NAME/ADDR 1930 "HORELINE DRIVE WAYZATA MlI SS391 38 10-117-23 42 0012 PROP ADDR 019SO SHORELINE OR OWNER NAME ELEANOR L ZYLKA TAXPAYER E RO'BIE WAYNE NAME/ADDR 4418 ELLEROALE RD MINNETONKA MN 55343 38 10-117-23 42 0017 PROP ADDR 304ER NAME JOHN WRIGHT ET AL TAXPAYER LYLE VICKERMAN NAME/ADDR INTERLACI;ZN -A EXCELSIOR MN 55331 PROP AODP OWNER NAME TAXPAYER TOTAL BATCH 006 00015 NAME/ADOP HLPINEPIN COL44TY PROPERTY INFORMATICN SYSTEM PROPERTY 0101ERS LIST 38 10-117-23 13 0016 01105 HERITAGE LA FOXHILL ASSN FCXHILL A55tl 1150 HERITAGE LA WAYZATA M►l 55391 38 10-117-23 42 0003 L A JACK ETAL D0141A JACK SMITH 4168 ADAIR 44 ROBBIN50ALE MN 55422 38 10-117-23 42 0006 019SO HERITAGE DR RONALD J FRI►IEAS t WIFE RONALD J PRINEAS 1980 HERITAGE. DRIVE WAYZATA MN 5539, 38 10-117-23 42 0014 01955 SHOPELINE Dq SAILORS WORLD SAILORS WORLD BOX 176 CRYSTAL BAY HN 553,13 38 10-117-23 42 0018 01900 SHORE1111E OR A L ANOE't5011 ETAL ALDEN ANDERSON 1900 SHORELINE DRIVE WAYZATA MN 55391 REPORT NO. PI435401 PA(,E 16 38 10-117-23 31 0076 02060 SPATES AVE HARRIET SPATES TOURANGEA11 HARRIET SPATES TOPANGEAU 2060 CENTRAL AVE WAYZATA NN 55391 38 10-117-23 42 0004 DIC60 SHORELINE DR T J A P M BOUCHARD THOMI.S J DCUCHARD JR 1860 SHCRELI►IE CR WAYZATA ►91 55391 38 10-117-23 42 0007 01940 SHORELINE OR K A E HARTER KUINETH R A ELSIE R HARTER 1940 SHURELIIIE OR WAYZATA MN 55391 38 10-117-23 42 0016 RONALD J PRINEAS ETAL RONALD J PRINEAS t� 1980 HERITAGE DR N CV WAYZATA IIN 55391 1�. 38 10-117-23 42 0019 I 01950 HERITAGE UP W GREGORY COWARD JR W GREGORY COWARD JR ' 1950 HERITAGE OR WAYZATA MN 55-. ?1 RUN DATE 10/19/84 HEIINEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 PROPERTY OWNERS .'IST PAGE 17 BATCH 006 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS It APPEARS THIS DATE CN THE RECORDS OF THE HENNEPIN COUNTY DLPAQTIIENT OF PROPERTY TAXATION, TO THE BEST OF MY K110MJLEDGE A1JD BELIEF. / SY DATE / / F-//P.7 -P u PlloftmD .5e 4ZE = Y2.11 N y �rOfi�(,�/�y /s ,t �• QEG!STCQC:) LAND SurvL-y N° 96 W-NNc:lt4 COUNTY, MINNESOTA fin. Field Nowak • v ��Qnee�4 i� Jur,eyor5 • Y 41 t As OIL •'. ''q ,•.�'• +k�1ItV C7!►'4�' /%f0%irw. � O/Ji^l'� wilh 1.'�°• r^Jr.f': rs C.• ''� +,�,r � ) 11,+ 4 � �' / � , ` �',a J Iv(fd. �'pvs Scry c+�!/i 10/v��r �V�: r' liP.+' % e::� : ' 6^c� •i� •IMP c �'✓n,�� .�� :. rv+ ^ eye •' �`' t' c,Oin and - L�/d � i ". � �.4%, .a✓�70/ ;6 S(/60��'/ �� Jr� •1an��rr• .'.ti L^ . n�'ri°/"'PC DIJi� �► . /) � /+')Pc►+, a lylh�►s- NPV Shown hereon S a' C'O��d: f or.: i+°•,. f,;rr• � �to',G` cGr-� ev. inrN�O✓rs. Minn. ------ - .Sur'i �•v.+r • .1 iirfn. ��c';� 'V p llb, .• oct i 5 pe+► Q. i Y i COUNCIL CHAMBERS ;tillwater, Minnesota elh,�April 5, 1983 7:30 P. M. REGULAR MEETING The meeting was called to or. by Mayor Peterson. The Invocation was given by tje City Clerk. Present: Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson ,Absent : None Also Present: Finance DireCLor/Coordi►1:1L01-. l:rirscl City Clerk, Schnell City Attorney, Magnuson Director of Public Works, Shelton Public Safety Director, Abrahamson Director of Parks & Recrer.►lion, l;lchum Building Official, Zepper Consulting Engineer, Hoore Planning Commission Chairman, Farrell Press: St. Croix Free Press - Englehart WVYL - Citizens: James O'Brien, (like McCarthy, lion Nolde, Dan MacDonald, Mr. & Mrs. Neal Casey, Wade Green, Jcsephine Vania, Nella Larson Kristin Aldainy, Mr. & Mrs. Dennis ticKean, Tim Cowen, Mr. & Mrs. Ernst Preismeyer, Hike O'Brien, Leonard Feely, Gary Swager, Barry Stack, Elmer foster, Representatives from the bidding; companies for ti►e loader and grader; Barbershoppers 0 3. This was the day and tune for the public hearing on Case ?k,. 477 for Nella Larson for a bed/breakfast facility at 210 East Laurel Street. Notice .of the hearing was published in the Stillwater Evening Gazette, the official nm4spaper of the: City, on March 24, 1983 rued copies were mailed to all property owners within 300 feet. a, The Mayor opened the hearing. •� MRS. NELLA LARSO►N stated that they will have only three roans available -should be only w three cars at one time and there is off-street parking available and there will be no 0 parking on the street. w The Planning Cotmiission received no objections and they recommended passage of srane. CHtIS Aldainy, owner of the property, stated Chat she has 110 objection to any limitations that maybe placed on this request. NLAL CASEY, 107 E. Laurel, stater that they are coticerned -is Lo what the policy is on .n such bed/brea&fast operations - is there a lindtation on the number of such facilities--,79-0, and MAYOR PE11-1;L1 4 stated dUit there is ix) ,oliLy :ax1 Lhis is Gaily the se:ccxid request that die (:oLincil has received to (Lite, i`llt. MP"NU" stated that any Ccrn►xercial 1AL5ineSS in Such a zoix is per►.uUed if it is in harmUny with the neil;hborh(x)d Euul that very ofLe_yi people obtain permits when they have April 5, 1983 0;-- an option to purchase property and that the permit got--,; to the land not the Person. DA►NIEL MAC MIIA11), 118 E. Laurel, was concerned with granting :i crxinvu-rcial license for this property and felt that this was a dcpart.uc from the ::caning for this area and was afraid what could happen in future to this area. MR. MAGNUSON stated that this does not have the effect of a zoni%,, change - the Council doesn't give up anything by granting, such a Special Use Peniut and there is no legal precedent in his opinion. MR. MAC DONALD asked if they could put on limits for the future and Mrs. Larson ceases to operate this facility. MIKE O'BRIEN, 106 E. Laurel, asked if this would be restricted to this type of business and MAYOR Pl.TI:RS(X4 stated that this would depend upon the pernut granted. MARY ROGERS felt that we have to keep: in mind that there are iwaiy other people in the area that enjoy the beautiful palls area and the St . Croix Valley and she should not see my adverse affect for such huh operation at: this to -Aion. NEAL CASEY was concerned that this will beca;x-, a Ccxn,krcial piece of property - that once it becomes a bed and breakfast for three then it could be four, five or six and that this could lead to tie ccxmLericialization of thc. North hill - they enjoy the vial and they feel that it should be enjoyed fr(mi property that the people min. MRS. ALDAINY stated that they have no intention to dtmn-grade the neighborhood - they enjoy Stillwater and anything that they would do in S011water would I:,e an asset to the City of Stillwater - they will have no financial gain in this matter. THE MAYOR CLOSLD II IE RrARI NG . On motion of Councilwanan Avise, seconded by COLHICilnVuh MacDonald, the Council granted the Special Use Pen*ut for a Bed/Breakfast Facility at 210 East Laurel Street with the following restrictions: 1. Plaximun of three (3) bedrooms to be used for guests of the Inn 2. MaAm m of six (6) guest: per day 3. No liquor to be sold to or consumed by guests on the premises. 4. Breakfast seed only to paying guests of the Iiln 5. No other uses or functions such as weddin-, receptions pennitted 6. On -site pausing spaces will be piovj&d. 7. No additional exterior lights will be added. S. An identification sign of the size wid type approved by the City and-p e-r nitted by' - die City Ordinances will he provided. 9. The Conditional Use Pennit shall be reviewed manually. 10. Mrs. Larson or a cerparable parson would Ix on site at all tit:x% for the purpose of managing the facility. 11. The Derntit will be non-transferrable. Wn-,' ON IIIE ct FION - Ayes--4 NIays--(;)uncilwcnvin Bodlovick, (all in favor) Casu Numbor Ir J J `. J -cu Paid Uu;u Filed -------------- )*At { PLAI`\IUG ADMINISl ZA- IVE FORM Sireat Location of Property: _ 306_West Olive Lora) Doscription of Propertyi _Loots 4, 5, & 6,- Block 1, Wilson's Addition Ownor: Narno _R �i�a�d_i]apd7�tdittL M._ Anderson -- Address 1806_West Olive, Stillwater Phono: _______ Applicant (if other than owpor): Noma lfJJ 24� aul� cZ1giLia _v_e�gsund _____ Address_ 402 North 4th St. Stillwater Phonoi _430_14-----_-- Typo of Rocluosh ___ Rozonincd ___ Approval of Proliminory Plot _2S_ Spociol Uso Pormit ___ 4pprovol of Final Plat ___ Var;onco ___ Other _________--_________ Dascr;ps;on of Rocivast: -a. bed and breakfast _facilitx_ using uQ_to eight (8)_rooms -for -overnight guests who would be served breakfast_ with a maximum of sixteen (16)_ persons per night __no liquor will _be _allowed. Signaturo of Applicant: Gloria J; Vegs>Vhd Data of Public Hec::ng:_%1'------------------------------- -NOTE: S:ee:c:a of propo..:,i p--%7.:erty and structure to be drawn on back of this form or at- uc :ed, saowin; •:-.c i,a:Lw•inb: O-4 5 6 Loc..*.—n of p roposcd structure on 3. D.rneni;ons of front and side set•i).,cks. 4. Di:rcrswi.s of proposed structure. S. Strec: nimcs. 6. Location of adjacent existing buildin;:s. 7. Othcr informaUon as may bo requested. e Approvad ___ D-.-n;cd _t� by tho Planning Comm,ss;on on '_S doto ) subject to tho followinj conditions: ____________________________________ Does not conform to the comprehensi,,e plan and the objections of the --------1tVT'gliburs•------------------------------------------------ Approved _ X Deniod ___ by tho Council on ___ 6 -1 82 subject to the following conditions: _______ See the list of conditions Comrnontst (Uso other silo), ff STILLWA'TF1, PLANNING COMI-11SS1ON PRE. SENT: Tom Par -ell Russell Meister Dean Miller Josephine Vania C. Jay Sleiter• Barbara Avise Al 'Lepper ABSENT: , �d Roepke C, .. Les Swans:,n TIME: 7:00 P.M. DATE: May 24, 1982 The Chairman, Tom Darrell, called the meeting to order at 7:05 P.M. &ASE?N0Vt11524b- Sherwood and Gloria Vegsund, property at Special Use Permit 306 W. Olive fur a bed and breakfast facility. Sherwood and Gloria Vegsund explained their intentions of a bed and breakfast facility. They state the iricentive is to maintain and keep a high -quality home. Mr. Vegsund stated the had a list of restrictions they would be willing to have. They included: 1. Permit be non -transferable under nny condition 2. To provide 8 off-street parking spaces 3. Breakfast served only to in►► jueots �. No liquir or application for license 5. Sign no larger than 5x4 6. Will be residing at 306 W. Olive or someor►e respons;ble in charge. 7. No pets or chi ldrei, under 7 yoars of age. 8. No public gathers (weddings, etc.) R. Meister stated that the sign would be in violation. The Vegsund's stated they would be agreeable to whatever size would be allowed. Several neighbor•:;, represented by Leo Lohmer, 303 W. Olive, were in attendance. They have a petition with 55 signatures stating their concern of a commercial adventure in a residential district. Another of their concerns was the adied t.af'fic in the rxighborhood (produce trucks, linen trucks etc. ) Mution: E{y Russell Meiater to deny special use permit based on fact thAt it does nct conform to the Coiwrittee's comprehensive plan and because of the objection of neighbors. Secundel by Dean Miller One nay - C. J:ay Slelter 4 pace # 1 of five pates May 20, 1982 Petition to the Planning Cu7,:;,iusion anti City Council of Stillwater, Minnesota We, immediate neighbors of the Anderson home: at 506 W. olive St.,Stillwater, Minnesota, have been informed that the Andersons have contracted to sell the home to Sherwood and Gloria Vegsund, contingent on approval by the rlanning Co,T.mission and City Council of a permit to establish a Bed and Breakfast Inn in the home. We understand that the Vegsunds intend to maintain eight bedrooms accommodating a total of sixteen persons and to rent said rooms on a daily basis, breakfast included, hoping to charge a high price per night ..s rental. We also understand that the Vegsunds do not intend to live in the home and we presu.,ne that this means that it wll be staffed by a hired staff. This proposal constitutes an attempt to estsblish a purely corr.T,Lrcial venture in a neighborhood zoned residential The clientele will be transient which means increased traffic flow in an already b113y neighborhood. The enterprise will not be under th•., i•:mediatc, day -in and day -out supervision .f the ownern. We believe that the transaction will be a dut)iouu one financially as we under- stand that the Vegsunds ha-ve had no rrevious experience in operating a tourist horse and that the sale will be at a high price on the basis of a contract for deed with a consequent heavy financial load with high payments of interest and principal on the financing, as well as a high overhead. For these reasons, we, the undersigned neighbors, strenuously object to this request for a permit, and request that the Planni:•g Co.T.nisuion and City Council disapprove it. CITY CLERK ' MAY l� I l] CITY OF STILLYVATE.: This was the day and time for the public hearing; for Dase Vegsund for a bed and brekast facility at 306 West Olive Notice of the hearing; was published vi the Stillwater newspaper, on May 21, 1982 and copies were trailed to all The Mayor opened the hearing. No. 452 for Sherwood & Gloria Street. Evening Gazette, the official property owners within 300 feet JAM IAMMkTS, representing.; the Vegsuuis, explained that they have ride an application for a Special Use Permit for a bed and breakfast facility at a residence at 306 West Olive Street. This residence is presently :mimed by Richard and Judy Anderson. The Vegsunds have purchased this property contingent upon the condition of the City issuing a Special Use Permit so as to allow this bed and breakfast facility to placed within this residence. This would be known as the Rivertown Inn - they propose to utilize up to eight bedrooms for overnite guests who would be served a buffet breakfast at either 8:30 or 9:30 in the rrorning. The proposal which the Vegsunds have submitted to dhe City includes a nurriber of conditions which the Vegsunds would request be incorporated into a Conditional Use Permit if it were issued. The reason for this is that the Vegsunds feel that it is important that the City Council and also any interested neighborir;g property owners would know exactly what use is proposed to be made of this facility. MR. WVERS read these conditions at this time a-, follows: (see page 7-A) They have also prepared a site plan - they have laid out eight parking spaces on the site all of which would be numbered for the particular unit and the three additional spact- would be fcr the owner - by sutmittin}; the list of flue proposed retjuirements which they would agree to and showing the Council the site as far as the parking was concerned - the-.- are attempting to make every reasonable effort to identify for the Crnmcil exactly the use that they intend to make of this property and tie then, elves down to that proposed use only - they are also doing this to attclnrpt to satisfy the concerns that stxrre of the neighbors have raised. The Vegsunds are making; this appli-ation to the City Council recognizing the fact this is not a single family residential home which they are askir*, to convert into a comnercial facility, but rather it is a hone which has previously been converted into a ctmrnercial facility and what they are proposing to do is to put it to use in a much less intense manner than it has bean done over the past five and one-half years. The Cot oil i4 well aware that „l*,Ms,>Dick Anderson have expended approximately 05 , 000' in converting this house into a commercial facU rjk#djr-include.-, the construct i #o f e i 0i t b edrocm five bath -oohs , . fully mmwrciaV4dtrti ri, f ir>g and co�u k}vc t ion thro%,`,ou4 to comply with the life�fety codes..., facill'��has alsq,, a ins ted bq fate#Neslth'DePartment,. SGata. k'ize-,Mars�}a a Deparrn c A + e: -- the-;ity Build"CH� for and the F ty__ t all ld' 77 eC>Ar e,,tly u�specte atld hiwas not a, i ea=jA which h recoamuend or impose , but If there are the Vep sut would ly w them en the matter came before the Planning C mission there was discussion about the traffic that this proposal would generate and they respectively submitted that with tl•e tnaxinn potential of eight vehicles per day as far the guests the use would be nXch less intense in the terms of the neighborluxxi quid the involvema:t wluich previously been with counselors, parents, inhabitants, etc. and he did rxA feel that this a -)unt of traffic would constitute a traffic hazard in the nci}N.orlxx,d. 'W-; Veysund has pone so far as to suggest that if reCluired she ux.mld huv .d I her cv n fcx1d .md drive it herself rather thai, have it delivered. The Planning Cirrmissi.on did .evicw this ru:etter v-oJ they reccxmerx1ed to den., the reques- - it wasn't real clear r(%ardir4,, Ow disc,,v.sicm as to the precise reasons but there was discussion rev.ardi,4,, a precidt-tit th.+t the Plannirr felt had beet: Mtahlished when the., rcccnmotKjtci the denial can the '1i�k. Arrxw !unr:� !u, dill rx�t believe t.Fait. th10 use can be ccnT�ared to tha, and did exit feel that t wrxrlcl t r:t as a p-ccidmt and the 7� PROPOSED CONDITIONS COR RIVLRTOWN INN BED AND BREAKFAST CONDI'PIONAL USE PERMIT Sherwood and Gloria Vegsuno 1. Maximum of might (8) bedrooms to be used for guests of the Inn. 2. Maximum of sixteen (16) guests per day. 3. No children under twelve (12) yea s of age will be allowed. 4. No pets allowed. 5. No liquor to be sold to or consumed by guests on the premises. 6. Weekend ;uests required to stay two (2) nights. 7. Breakfast served only to paying guests of the Inn. B. No other uses or functi,_)ns such as wedding receptions permitted. 9. On --site parking with numbered parking spaces will be provided. 10. VegE:inds and employees shall park in the carriage house. 11. No additional exterior lights willtx,added. 12. An identification sign of the size and type approved by the City and permitted by the City Ordinances will be provided. 13. The Conditional Use Permit shall be reviewed annuslly. 14. Either a member of the Vcgsund family or a comparable person would be on site at all times for the purpose of rr.anay- _rig the facility. Jiule 1 , 111;{' Council did act favorably on that request. The second reason which was articulated by the Planning Commistien that they questiornAd whether it would be in total compliance with the Corprehermsive Plan and in his review of the Coanp-Lehensive Plan it appeared to him that the wording o: the Cammprehensive Plan would more or less support this type of proposal in three important respects; (1) the Carprchensive Plan states that one of the primary purposes of the Plan is to retain the small town atmosphere and environment of Stillwater and the Vegsunds suggest that there is no better way to acca7,lish this than to allow the large more historic hones to be utilized as a bed and breakfast facility; (2) the second purpose or policy of the Plan is to encourage the preservation and restoration of buildings, particukly the historic buildings - in suhmni.tting this proposal it is submitted that they are continuing, to preserve and to restore and utilize a hu-ne which has previously been converted; the third policy which he felt pertained as far as the Comprehensive Plan is concerned is to encourage and enhance the downt(un area and they suggested with this close proximity to the downtam area it would he in confonvince with this particular , A icy of the ,,laud and it. would serve this facility made available to people caning in and wanting to spP'.-i an evening in our r ! munity. IL is their position to convert the Anderson Herne into a bed and brCsKfaSL Facility is rea; ly a natural use for this already converted structure - also this proposed use thev suggest should have much less of an impact on the neighborhood than the prior uses have been and they feel that the impact would minimal at best with the conditions that the VeF.sunds are willing to live with and ro amply wit',. 11-icy have made a very reasonable effort to greet with the neighbors to attcrnt to .address their concerns and arv..,er their qustior- - there are still concerns that the neil,rhors have but art effort has been made to answer their questions and to identify the use that the property is proposed to be put to He felt that the limitations and the restrictions that they are willing to have in:lLded :n Iris Special Use Permit are really proof of their good faith of the concerns of the rte;3hburho(A. The bed and breakfast facility would appear to be an excellent add.;.ti.on to the City of Stillwater - a type of facility which we do have a need for and ie hyped chat the Council would agree that the Vegsunds are the type of people that they would iiKe to have manage such a facility. GrORGE SCIMTT, 208 WL-t Chestnut Street, made reference to the amount of money that was spent to fix up the Anderson hone, but he felt that everyone else in that, neighborhood has spent a lo'. of money on their hones and it is a good residential area - there is a real concern that the commercialism that is -eepink, into that area - right directly across the street is the Stillwater Resider e which has 30 people in it full time - you have food trucks coning and going and you have staff people - there are other commercial businesses in the area - he felt that this should be kypt as a residential neighborhood. LEE 1.nVER, 303 West Olive Street, rmade reference to the petition which was signed by practically the neighbors and they do not want to he zoned that way - they kids walking back and forth to the ch.u-ches aixi schools and they do nrt need the additional traffic in that area - 1DGER KASTP3J.1, 315 West Olive Street, asked for clarification of several points - whether or not this permit, if granted or not, would be transferable from Vegsunds to another party for whatever reasons? Would like to kmxmw what their estimated costs per roam per day would be? He was a little bit unclear as to the tiff?rence between a Commercial facility and getting some ccnmercially zoned. MR. UJ- RS stated that as he understood it this C:orxiitiunal Use Permit would run with the land and not to the owners of the property - in the event that the property was sold it was his understanding that the use would not be identical and they could probably came in for another special use permit As far .s the costs for the rcxxns he did not feel that is noLerial ..and he was not surd ti at has been established. MAYOR JlNKER felt that the cost of the rrw'16 is nest something that Mr. I vmers or the Vegs unoiR would have to tell. MR. !'irLWLNM stated that urIcss the C::xurcil st:at.eed udlerwise time p4ei ' Rees with th@ land rather than the person arxi Ile felt that 4 t WN-Alld he in enforcwih:e> curkii.tiun nc;t to be June 1, 1982 y� transferable - some of the permits that the CounviI has given have had that condition on than. Any new anu,rs would have to cam back to the Council for their own Special Use Permit. MR. 1.AN40S stated that he has discussed this possibility with the Vegsunds - if the ,'ouncil did feel that condition should be added that the permit not be ciansferable, they would be willing, to have that included as one of tm Q ^onditions. MR. KAST©.11 asked if theme is a breakpoint at whi. ething has to be zoned "commercial" rather than being granted a Special Use Permit rei to the number of persons that housed there and MR. K%Gt0JSON stated "no - there is in the City's Ordinance". r. MR. KAS.R..LE stated that it is his feeling and the reason for asking on the cost figure is that most times when someone goes into a thing like this (the hostile type o f situation) that cost is a rather small fee and if they .are talking about something that necessitates meeting financial obligations and charging a fee of forty, fifty or sixty dollars it is possible that is not the location nor the type of facility that will sustain there. JCHN OER'I 11, 118 S. Fifth St. , felt it was commercial not.; and would still, be carrnercial- ir was also informed than the house is being financed by Dick Anderson so that if it was not a successful venture that he would regain title to the house - he would also have a property that was previously licensed "carmercial". This is riot a case where the people requesting this to live there and rent out a couple of roams there - he felt that it is a commercial hotel or motel- he understood that it was over a two hundred thousand dollar venture and with the money that has to be put into it and this will require quite sub- stantial kind of gross revenue to finance that kind of project - to get that kind of profit it will generate traffic. COhTICI11NAir PFIERSON asked will the Vegsunds reside in this facility as their full-time residence and MR. IAM:R.S stated that they will not - they own another home at 402 North Fourth Street - the Vegsuids will conmit to be on the premises twenty-four hours per day - either themselves, their daughter and on occasion when they are not there some)ody who would be accountable to than - they intend to operare this as a family operation the same as being there. Their homestead with be the outer residence - they will. be sleeping there and doing what is necessary at 306 W. Olive - one of them at all t.imcss - they will do all of the work themselves as far as cooking and cleaning, etc. MII.U.R R. WEEDA, 220 Sou,!1 Fourth Street, stated that when he came away fran the Planning Commissi an he was conviru:ed in his own mind that the City does have a Comprehensive Plan for various zonings - he questioned the difference between a ConTwrcial function and a Commercial zoning - this is a request for a Special Use Permit that is going to result in a commercial zoning P-; has been pointed out here- he felt that this should mean the preservation of sane of the older residences and some of then have a lot of money put into them - he asked for clarification from the City Attorney. MR. MAGNUSON stated that the Canprehensive Plan is a document that is written in sufficently general terms to provide just goals and policies of the City - just about anybody can find something in there to support their point of view - it is vagae enough so that interpretatio can be given as we move along - it is really the basis for the zoning ordinance and the business of rezoning - whether it is a rezonming or a permit it has to do with a particular ordinance. The City's Zoning Ordinance for that district - Conditional Uses are arrong ot;.er things rooming houses, or other commercial uses found not to be objectionable to the neighborhood in which they are proposed to be located. The City's Ordinance, and this is the way it is written, specifically provides that certain commercial ftnc,ions and rooming houses are permitted by a Conditional Use Permir. If the ordinance were written a different way, them rezoning might be required. MDT.T,Y SM4ART, 220 West Chestnut, stated that at the Planning Commission meeting, it was stated treat 15 or under is a roaming house - 15 or over is a hotel - in their l�cial Use Permit thew are calling for 16 people. "fit. MA[VUSCX; S..+:ed that this has sanethfic to (k) with the Ruildirn4; Code and is not sl)ecificallv „k-ril io ,ied in the zot:ing ordinance. 'Ilene Buildup Code would have to do with June 1, 1982 �a the sort of eonstnaction and buildiq,, materials and a greater need for exits anc'. that sort of thing. MRS. MILLER WEEDA, 220 S. Fourth Street, made reference to not being objectionable and MR. MAGNUSON stated that it does not have anything to do with the rom ber of people that object to it - the Suprone Court has said many times that the objections, of the neighbors standing alone is not sufficient reason to deny a permit like this - it is the quality of the protest rather than the quantity - th,2 objections of the neighbors have to be well founded and have to be specific objections rather than just a general dislike of the proposal. MR. ILHWR stated that they have 55 signatures of the neighbors and this is a good neigborhood - new people have moved in and they are fixing up their houses and they are all single fa•^ly homes and they all sell - they want to keep it as a residential area. MR. KASTELLE requested that this perne:t be denied based on the discussions that they as a neighborhood had wit}. the Vegsunds - the financial figures that were stated at that time which are their private domain :;o a degree he felt - seemed to indicate that this could not succeed - it would seem ttet th(' volume which is self-imposed 15 or 16 people would have to necessitate a rate th?t is . st not realistic in the City of Stillwater. KATHY OF.R U?.. 118 S. Fifth Street, was concerned about the type of people that they would have c.: ;g into this facility - people sign up for summer parties on the river - once they ar 1n full swing and there are parties there at two in the morning was concerned how they could control that type of thing. MAYOR R1Kl;'rt felt that the price that they would charge is something that is their business and not the City of Stillwater or anybody else - he felt that they were looking at the wrong type of people that would be coning there - there will be absolutely no drinking, �hcre and felt that should be set aside and not look at what_ type of people that will be craning thee. COLINCn..MAN PETS 0NI stated that he has never stayed at a tourist ham>e as they are so- called, but there are many areas in this country and particularly in Europe where the bed and breakfast facility is very common - it is the case of people wanting to be in a quiet place - they do not want to have the noises of he average motel or hotel with traffic in and out - the salesmen that have to get up at three o'clock in the morning to get on the road or write his reports. From his understanding of it the kinds of people that go to tourist hones or into these bed and breakfast establishments are people who are not of the party type situation and he was sure that the kind of people that would look for the Rivertown Inn in Stillwater are riot the same kind of people who would go to the Howard Johnson out on Highway 94 - as to whether or not there could be any alcohol cor..,-option he felt that you would have a difficult time imposing more of a condition that the operators would not serve or provide alcoholic beverages. What is to prevent the individual who is travelling having a bottle with then and having a little drink before he goes to bed - the type of individual that is going to do this is not the persons who Crouse or adno are looking for a high -time during Lumberjack Days and as to the cost of these rooms, but he would bet his bottom dollar they won't be twenty dollars per rite and if they are sixty dollars per nite or eighty dollars per nite that is what controls the people that will be there - the people who want this kind of facility are going to pay for it and they are going to get nice service he was quite sure - what the Council has to consider is that SLi'l.ater is full of older homes and that he was one of tree parties involved in an efff-)rt to sell a home here not too long ago Stillwater is loaded with big homes and there will be the question of whether or not individuals can afford to live in these places as family people without some multiple housing going into condominiums or going into apartments - he felt that they have a probler here that if we don't provide same encouragtn nt for the proper utilization of sore of these bigger properties, the City may find sane of than falling into disrepair and beix,,g an eyesore and a detriment to the neighborhoods - goverrx-nt has a problem in this particular instance in that the government in the form of the State of Minrx.-sota authorized Mr. !. 'Is Anderson to run a Shelter hccv in this; facility ;and when they gave hi:n that licuxse to run a Shelter Home it was rift approved by the City of Stillwater hit did rant_ havA. to be) - June 1, 1982 they then said that you must put in Conuiercial ccxikitV,, facilities - you must put in fire protection - you must put in fire doors - you must have fire escapes, etc. - so government in the form of the State of Minnesota caid to this property owner 'look you must rake these investments' - now we are saying; tl-::t the only reasonable use of this property is a single family and there is no way that you are going to get a si.mgle family to occupy this premise - may find it falling into disrepair over the years - instead of being a high tax property, it becammes one that will be pretty much of an eyesore to the neighborhood rather than one that can be utilized. He felt that the City has to encourage the use of these bigger homes and if it means sane breakdown of the "so-called" single family neighborhood so be it. MOLLY S EWART felt that the family should reside in the residence and this would be a different story and she felt that this is a hotel - it is not her understanding, of a bed h breakfast. COUNCILMAN PEIERSON WAS CONCERNED that this be a residence as well. MAYOR JUNKFA stated that they own a house on North Fourth and they plan on owning that home and running this other at the same time, but they will be spending a lot of time there. MRS. VEGSUND stated that they intend to reside at 306 West Olive Street - they have a bedroom picked out for themselves - they intend to stay there - they do not have a kitchen at 402 North fourth Street - they intend to use the kitchen a, Olive Street - they intend to use the living space there - they are keeping this hank- as a "retreat" and possibly there will be a "nor sale" sign on the Fourth Street hang as they will trove entirely over to Olive Street. They have not proposed to sell their "lame at 402 North Fourth Street at this time, but they will be staying; in the bedroom on Olive Street. MR. KASTELLE felt that they would be remise if the only use was a commercial venture of the bed -breakfast type - there are a number of things that can be done with this structure - condominiums, apartnent's - felt that they should not be locked in on one use for this property. NARY A% RHEINBERGER, 818 West Olive Street, stated that she travelled extensively in Europe and stayed at bed and breakfast homes nimerow; times and it had been her experience that they do party there and if these people do not reside there, then there would mmure of a case where they do party. a OOUNCIUAOMAN AVISF asked for some clarification asked about the vested rights for/building and under the existing; ordinances would the Council be able to either pernmit or deny the use that is being requested. MR. MA NU''SON replied that this would be much different than the case on South Broadway - in a way it is similar because the way the zoning; ordinance is written that is where conmercial uses are permitted by Conditional Use Permit, it means that the burden is on the City Council if they chose to deny it to come forward to show legally sufficient reasons and he has stated marry times that the objections of the neighbors alone without other grounds are not erwugh and it is the quality of the neighborhood approach that is iq)ortant - sufficient reasons are those related to the health, safety and welfare of the community - traffic hazards, health hazards, serious depreciation of neighboring properties, and those sort of concerns. The mere aesthetic concerns that the neighbors have are really not - so the Council has to have evidence demonstrated on the records and the record }}�����}} t has occurred tonite to support the denial would have to be legally sufficiO5 ,, §y her than just valid objections. C0LNCILWQW4 AVISh SIA1711;U that it see ned to her that referring to the Comprehenr ive Plan and the preservation of Stillwater that they have a too sided issue - first of all there is the Preservation of tlu nc i}'hlxnixxxi as a residential ncighborlx)od - there could be a question there ,ms to w',u•,'.ifr or ix)t with the Avtcn;on fac:il:ty has been there-�CcLher it .lunne 1, 1981 totally residential considering; t1le Stillwater Residence across the street - she felt that is a consideration - on the other hand they have preservation of the environment physically as to the home itself - personally after seeiiu, the lxrx- it would be extremely difficut to divide the home into any kind of multi -family dwelling because of the way Cie house is structured physically. Taking a look at any health, safety, welfare kinds of issues she did not feel that safety is a question based on discussions that she had with Mr. Zepper- the fact that the home has met health -safety code for the last four or five years with the Anderson facilities. She would have a hard time seeing how the welfare of the neighborhood would be hurt - she felt that it would be anything, but hurt - couldn't see how it wouldn't help other than the fact that there would be a stable environment in that that location. The only question that she had c,aS the traffic - you are bound to have traffic if you have eight roans occupied by transient people m any basis beyond the weekend only or during the week or whatever - it would be (Wious that most of the traffic would occur on weekends because that is when pCOIAC travel the most. Considering the volume of traffic now with the Anderson Home she was not convinced that it would increase traffic - if the home were divided into a nUlti-fancily dwelling you would have to divide it into at least three possibly four units and the traffic from a four unit multi -family dwelling would change that much. As it stands right now based or, the ordinance and based on the issues that the Council is looking at, she did not see how the Council has any choice, but to grant the permit. COUNCIU4MIN BODLOVICK stated that the people claimed that the Anderson Home is a commercial piece of property and it is not - it is a hone that the Council issued a Conditional Use Permit for the Shelter Home and added conditions ro it. He does Mve a camcercial kitchen that the state said that he had to do and he had to conform to their laws and restrictions that they imposed upon him - he agreed to do this willic>€jy. She still does not believe 013t we have to continue past practices - he had a Conditional Use Permit and if he ceases to operate that residence as a Shelter Hone, it reverts back to a private residence as far as she is concerned - this Special Use Permit is for the individual to utilize it - once he leaves or thathasiness ceases from operating, that is null and void - she felt thr they were losing site of the whole neighborhood - the Stillwater Residence was there before some of these families moved into the area - the younger people bought these big beautiful hones because they thought that they were scxnething; that they wanted to have and she did not disagree with them - she could not see how anybody feels that this is a Commercial piece of property - it is not. JOIN OERTELL stated that if people are not living; in that motel and the husband and wife are running it and their daughter - if they do not live there, then they will have to hire outside help - the argument:; presented ab(xat specifics under which the Council could not deny the pennit could said .about all of their huivs - why couldnt his be a law office, or George Sclmi.tt's four-plex be another hotel - everybody could do it up and down Fifth Street. MAYOR JUNIOR stated that for the last two years they have been on the Board of Revio. for taxes and from his understanding, of the reports the house would sell for around $240,000 and if the Vegsuxls so not occupy the house as a landlord and have homestead rights and you have to have taxes paid on the market value of $240,000, he did not feel that they would have enough rooms to rent to pay for it. He personally feels that if they will move into that house and the Council would grant them a permit for one year and sell the home on North Fourth Street. then he would look at it a little differently. He felt that if the Council granted him a Special Use Permit to run this facility, he would look at it in a little different manner - the City is not granting then a subsidy, but they personally helping him run a house to rent out - he knows of three more that are approaching the City of Stillwater for the same request as this one - he asked Mr. Magnuson if it was for then to made to live in the hc)use at all times. Anything; would be better for the neighbors than what we have h:ac1 there - he felt that if they lived and there and did a good job so that in a year franc rxvw when the Council reviews their permit, if it is granted by the Gxncil. MR. MAG1MN star d that it would he rice if they would agree to it if thaat is what the C4nencil wants- lone I , 198' /4 COUNCILMAN PEIYRSON stated that would mean that. t}-Wy could not own no other real estate to which they could go for relief - what if they wanted to convert the Fourth Street property into rental units MR. 1ADAREE asked if the Mayor was-sking, that they declare 306 West Olive Street as their homestead and MAYOR JUNKER confirmed that sLatument. MRS. VECSUID stated that they are going to rove in there - they are going to keep the house at 402 North Fourth Street so that when they want a breather or they want to come over there . MR. VEGSUND stated that they have not made sane of these decisions until the Council takes action on this request - they do not have a kitchen at 402 North Fourth Street - they are doing some major restoration there - they did not realize the emotional attachment the neighbors had to that house at 306 West Olive Street - they feel that they have made a good effort and the rest is up to the Council. COUNCTUJOMAN AVISE asked the Vegsunds if they would be willing to homestead 306 West Olive and they agreed to that. ODUNCIU9AN PETERSON stated that Just a few months ago the Council heard the plea for anything but Dickie Anderson - KATHY OERTELL stated that this hone has never been advertised with MIS and there have been no signs in the yard - she felt that there are mor channels open - the $240,000 includes furniture and she felt that if the furniture would be removed and put on the market you would have people hiterested - people who keep the neighborhood a family neighborhood - they do have traffic with the Stillwter Residence with 30 residents there and delivery trucks - she would like to see their whole neig,hhorhood quiet and calm for awhile so that they are riot dawn here all of the time. COUNCIUTA►V MAC DONAI.D asked Mr. Magnuson if the Council grants this Conditional Use Permit and they buy the house on a contract and the•v default for one reason or another Mr. Anderson gets his hone back, are his Conditional Use Permits still good. MR. MAGNUSON stated that one of the conditions that the Council can impose is that it not be transferable - it has never been determined in court whether or not that particular point would be enforceable - he would hope it be - he could riot guarantee how the out- come be on a condition like that. The Council can in Wse a lot of conditions but if the Council is looking for those kind of conditions that the court will impose on property, they have to be reasonable and they cannot restrict the free alienation of the property and they have to be based on health, safety and welfare conditions - hopefully they have gotten people to abide by these restrictions that have been imposed and it is largely on their good faith. There was discussion about the transfer of this permit if it is on the land and the Council agreed that they have never transferred any of these permits to the best of their knowledge. There was also discussion about the transfers on the Anderson permits and it was explained that this was not a change in the individual. MR. MAGNUSON stated that there would be no question he (Mr. Anderson) would not have the right to operate a shelter home there -.once they have this permit the other one would be completely gone. The City is in District Court awaiting a trial date on the issue and whether or not the City can be more restrictive than the State and the City's res trictbns were mare harsh than he felt were reasonable. Questions were asked to whom this permit would be issued and MAYOR .>1JNKER stated that as far as h� was concerned this would go to Mr. 6 Mrs. Vegsund only. Jule 1, 1982 MRS. MI11ER WEEM, 220 South fourth St., had a conversation with Mr. Anderson and he told her that he could Trove the kids fran Myrtle Street back to Olive Street and she wanted to make sure that this would not happen - if for sane reason they cannot pay this and this reverts back to Dickie Anderson if he is going to be able to run that as a bed and break- fast inn - also do they hr , any chance of having him back in the neighborhood - MAYOR JlNKER stated that he has no right - this permit would be issued to them(Vegsunds) only - he has never given up his permit on the emergency shelter on Olive Street - There was further discussion about the granting of this permit to the land or to Mr. Anderson and MR. MAGNUSON stated that Mr. Anderson has two permits - one for Myrtle Street and one for Olive Street - he assumed that if the Council did not grant the Vegsunds the permit, he will continue to have his kids on Olive Street. The case in court is only on the number - the number that the City imposed on their permit was more restrictive than the number that the State imposed. The only reason that the City could :.-pose any restrictions at all because there are two hones that are closer than 1200 feet - if there was just one, there is nothing that the City would have to say about it. If the City wins this case in court, the Council has the right to set the number of kids t'.rat he can have at six. He has never seen a Conditional Use Permit revoked - such a .ling mould happen, but the court does not favor that sort of thing and there would have to I-e same pretty severe reasons why the breach in one of the conditions could amount to grounds for revocation. The conditions depend upon the good faith of the parties involved and the restrictions that can be imposed are legitimate ones that concern health, safety and the welfare of the camunity - aside fran that there are a number of conditions mutually agreed to - the property owners agreed to because it represents the good faith demonstrated by the neighbors. IHE MAYOR DECLARED A RECESS FROM 9:25 to 9:35 P. M. MR. KASTEII.E asked about the granting of the Special Use permit to the property and not to the people and the conditions that would be placed on this permit - MR. MAGTIUSON stated that this City Council would do everything that they could to enforce the condtion that it rx-)t be transferable and the question of whether the transferability of one of these permits has never been tested in the Supreme Court of the State of Minnesota to hiw knowledge and he could not guarantee the outcome - the conditions inWsed (in many Conditional Use Permits there are many of them) and they are usually abided by and people always don't rui to court to try to enforce their rights or they like to avoid vexations - they like to demonstrate Food faith to the neighbors - any of these things can be brouW;ht up to the top and really there is no answer how they will turn out. LEO LOH11M st. -it this property has never came up for sale and it is possible that there are otb • �.e-ople who would like to buy it and he could not see this underhand stuff through a quirt sale - mis was always a nice hone - there has been two apartments there at one time and questioned why they have to get into these other messes - felt it should be delayed until it can be put up for sale, and they would not object to that one bit - want to keep it a residential area and they want to keep it that way. KAIM OERTELL asked if it was possible that thi.; house could go on the market for a month and if it is not sold is it at all feasible that the Vegsunds would get it and in her discussion with CM]NCIl1%U1AN AVISE that if the Co,mcil voted to give the VegsruA the permit for the house and that Dick could not move the Shelter Hone back to Ulive Street and COUNCIIW-W4 AVISE stated that they just talked about that and if the home at 306 West Olive does not sell and Mr. Anderson decides to sell the building on Myrtle Street and close that facility, he can apply to the State for a license to operate at 306 West Olive Street and the City would have nothing to say about it - because there are not two facilities within 1,200 feet of each other and the City would have no control over it - MR. MAGMS3ON stated that he felt that the confusion has been if he aharximus the hanx, on Myrtle, so he has no license the-e, atxl their he gets the property back at Olive Street the State Statutes require that .n such a case where there is rxt another Pule 8 facility Juic 1, 1982 1 ike that within 1 , 200 feet , he has a lawful permit. tcd use - for instance, 1 icensed day care centers for up to 6 people are permitted even in Croixwood - the State law provides that they are that way - public policy i.i the legisl,rture has determined that the only way that they are going to get these objectionable residences within the commnity is to legislate and provide by the statutes that they are permitted - so there is the outside chance that he could be back in there with an emergency shelter if he abandons Myrtle Street - if on the other hand there are two within. 1,200 feet then that is a different story and he would have to have a Conditional Use Permit from the City Council. MR. OERIU L asked what the Stillwater Residence is classified as and MR. MAGNUSON stated that it is not a residential day care facility or it doesn't fall within the classification of homes as the statutes recognizes it - the Stillwater Residence is licensed by the I` >artment of Health and the Departrnent of Welfare is not concerned with it - it is a different kind of animal. MRS. OERTELL asked if ^ir. Anderson did mtirve the kids back toclive Street would he have to be a resident of that facility and MR MAGNUSON stated that he dilnot think so. MR. L01�1fR asked about the number that could put into that hone and COUNCIU.UMAN BODLOVICK stated that the G)uncil could put a limit on Olive Street because there were the two homes within 1,320 feet - and this was the only opportunity that they could do that on that piece of property at that time. If Dickie should close up Myrtle Street and moves back to Olive Street, she did not feel that the Council could set anv kind of restrictions other than the State. 111R. OEh"IL11, stated that should that happen that the Council owes it to them to try - when the Council gave him the Myrtle Street permit, he asked for it by saying that his Olive Street residence would never again become an anergency shelter and it also said sit: kids plus four of his wan. 111E MAYOR C1,OSED THE ITARING. COUNCIIIaOMAN BODI)VICK moved to follow the rec(nriendation of the Plannini� Cow.iission on denying this Special Use Permit for a bed and breakfast lodging - this is a conplete change from the existing neighborhood - it is iiuch nx)re comnercialized - the traffic would be that much more greater and this would be nx)re cannercial than in keeping with the present neighborhood than is fair and traffic congestion is primary in this area maw. (there was no second to this notion - notion died for a lack of a second) OWNCIIl1AN PETERSON moved the issuance of the Conditional Use Permit to Sherwood and Gloria Vegsund, 306 West Olive Street to operate a bed and breakfast institution kriawn as Rivertown Inn callirq, forth fain special conditions to be a part of this part permit - the first and forams r8t it be issued with .ne understanding that it issued in the riame of Sherwood and Gloria Vegsund and it is L der no way transferable to any other party than the Vegsunds. The second condition w,)uld be that this becane their full time residence and that it be homesteaded as such so that it can be an institution or an establishment in :mich they will be primarily the nKain residEnts. (lie continued to cite the conditions presented by Ah-. L•umners at the opening of the hearing) With those conditions he moved that the Gonclitional Use Permit be granted. Questions were asked about the member who stay there if they ;✓ plan to live there and Mrs. Vegsui& stated that there would })e 8 be&ooms available as they are making the library into a bedroom. ODiVCIIJA1,1LN AVISE seconded the motion. AYES--Gauncilwoman Avise, Cotncilnx•n MacDonald, and 1'eterson NAYS--Cotnrcilwcn►an &-dlovick ABSTAI?IF:D-14,yor Junker did txot indicate a vote (ta)tion carried) RESOLUTIU;4' NO. 84- 31 RESOLUTION OF THE EXCELSIOR CITY COUNCIL GRANTING A CONDITIONAL USE PERMIT TO ALLOW AND PERMIT PROPERTY AT 201 MILL STREET TO BE USED AS A BED AND BREAKFAST INN WHEREAS, the City of Excelsior has received an application for a conditional use permit to allow and permit property described as Lots 1 through 8, Wilcox Subdivision Lot 62 and part of Lot 64, Auditor's Stibd . 120 to be used as a bed and breakfast inn limited to not more than 10 guest rooms, and WHEREAS, a published notice or hearing of said application has been had and a hearing held before the Planning; Commission of the City of Excelsior on September 10, 1984, and the council of the City of Excelsior has received the recommendation of the Planning Commission in regard to the application, and WHEREAS, the City Council has considered the application and the interests of the public and other matters involving, such requested use; NOW, THEREFORE, BE 1T RESOLVED by the City Council of the Cite of Excelsior that .1 conditional use is hereby grbnted Lo authorize this property described as Lots 1 through 8, Wilcox Subdivision Lot 62 and part of Lot 64, Auditor's Subd. 120 to be used ss a bed and breakfast inn limited to a facility of not more than 10 guest rooms, subject, however, to the following; terms and conditions: 1. That there be a minimum of 13 spaces made available for parking; cars on the property. 2. No exterior changes are to be made to the building. 3. Off -building signage shall be ' -sited to 25 square feet and en -building signage shall be limit-,.. to 100 square inches. 4. Kitchen facilities may be maintained on the premises. 5. The sect,nd building locited on the premises may be con- tinued to be used as a residence dwelling. 11 1'd g e 2 6. The site plan attached to this conditional use permit is hereby approved and is incorporated herein and included as part of the limiting terms of this conditional use permit. This conditional use permit shall be effective on and after November 15, 1984. Upon vote being taken there were 5 yeas and 0 nays. Attest: ?Wia ".K-n y ►- Ttmott Mkt en Ci M y 9 ty a r. agr Adopted by the Excelsior City Council September 17, 1984. Bed &Brealdast From Maine to California, Americans are discovering the pleasures of this traditionally British institution. A a is being swept by and -breakfast fever ong well -traveled high- ays, in quiet country villages and in the center of bustling towns -bed and - breakfast inns and homes are popping up all over the counirf, California alone boasts more than 450 accommodations There are establishments custom- made for bcylists, hikers, skiers, city folks seeking tranquillity and antique, history and arch.tecture buffs Just a few years ago, the term "bed - and -breakfast;' or "BbB,' was as- sociated almost exclusively with Brit- ain it evoked an image of the thrifty English housewife who tucked away a few extra shillings by renting out her two spare bedrooms and offering a bit of breakfast Today, however, the BbB establishment is no longer solely a British institution, it has become an American phenomenon On this side of the Atlantic, the defuirtron of a BbB accommodation is elastic, stretching to include everything from small private homes with a cou- ple of extra bedrooms (resembling the British original), to imposing mansions with chandeliers and parquet floors, to rustrr. lodges overlooking a lake or the sea, to country inns and small hotels that offer a complimentary breakfast along with room service A far cry from a distant cousin, the "tourist horse" of r✓lornrngs at a B&B ADdgrny (tidy txgrn with homemade muffins, a bowl of fresh frurr and hot tea or coffee by Norman T. Simpson the 1920's and 1930's, which was notorious' for its threadbare carpets, skimpy towels and creaky beds, the BbB establishment is, at the least, comfortably and attractively furnished In some cases, it may be opulently out- fitted, featuring such luxuries as Jacuzzis, hot tubs, breakiast in bed and shoe -shine service The main distinction between a BbB home and a BbB inn is not sim ply one of size, although the inn usu- ally has snore bedrooms and at least one common room reserved exclusive- ly for guests It has more to jo with at. mosphere p `- �me, where guests share the Irving and dining rooms, full of personal souvenirs, bibelot-, and photographs, with the host family, is Obviously more intimate Innkeepers, on the other hand, often live in separate quarters, and are not always accessible to their guests One fortunate result of the BbB movernent has been the renovation of a number of lovely, capacious old buildings Beautifully restored homes and inns, many of them on the Na tional Register of Historic Places, can be found in such disparate places as southern California, Colorado, Maine and New Jersey Dilapidated houses, whether they are hctorran piles or Federal town houses, are prime can- didates for bed -and breakfast conver Sion More eccentric structures, such as former rn&, factories. schools, hos petals, barns and cartrage houses, have 1Iso been made into lodgings Inside. it is riot unusual to find canopied or four-poster beds, marble topped chests, handmade quilts, braided rugs and family portraits; if you are lucky, you might even end up in a room with a working fireplace Hand- some reproductions of antiques grace the rooms of some B6B establish- ments, and a few places are filled with the real item, complemented by orien- tal rugs and fine oblets d'art, their opulence is rellecteo in higher rates Most homes and inns, however, fea- ture furniture best described as "early attic"— interesting if well-worn relics obtained by the family at auctions, flea markets and antique stores In many B6B homes, guests share a bathroom However, lust as rtnnkeep- ers have become more responsive to the American public's preference for privacy, many BbB proprietors have added private baths to the guest rooms There is a segrnent of inn -goers who don't mind sharing a bathroom, myself among them The breakfast part of the BbB equa- tion is usually continental - meaning juice, breads or rolls, and coffee This term, however, is open to rnterpreta lion You may be served orange juice that is frozen or freshly squeezed, or you may be offered a choice of juices and fresh fruit A couple of slices of toast may follow, or you may be prs sensed with a spread of home baked breads, sweet rolls, croissants, muf fins, popovers - you name it - accom parned by jam, sometimes made from fruit harvested in the yard freshly brewed coffee and a choke of a dozers Idve rum AWW isms(.• lW_ 13 teas may be offered Sorne hosts - they are more the exception than the rule - have no truck with such dainty fare, they serve such stick- to -your -rib items as hot cereal, eggs and bacon or sausage, French toast, pancakes, waf- fles, omelets, quiches, crepes, fritters and roast -beef hash However, in these days of thinking thin, many people don't care for a bq breakfast, so the continental one fills the bill nicely If a heartier meal is preferred it may be available for an extra charge Most B88 proprietors do riot pro vide other meals, although afternoon tea with cookies or crackers iscoming into vogue Some hosts serve wine and cheese or hors d'oeuvres at cocktail hour -a custom almos! de rrgeur in California and, 1 suspect, in other areas where there is a good deal of compel lion (in all fairness, many proprietors offer these little extras simply because they enjoy making their guests feel at home I A cold or even a hot meal may not be out of the question for the fam- ished traveler who arrives at drnner- ►rme, and some inns serve dinner reg- ulariv However, It is best to check ahead dinner is available at some places if arrangements have been made in advance Othervose, the pro- prietor can probably recommend a The In at Stockbridge, in Massa chuserts, offers skiers a cozy respite good restaurant neatby When you arrive, you may t,v greet ed by a srngre wornan or roan, two women, two men, a man .,rid a worn - an partner, a married couple or a farm ly, your host may be erthor young, old or middle-aged No particular combrn- atron or age range see ns to have the corner on success Usually- the host' personality determrres if the atmos- phere is casual or Icrmal Guests may be welcome to wander into the krtch en, they may gather arour.r the table for breakfast, or they may help therm selves from a buffet and retire to their rooms Some proprietors inspae their visitors to pen poems about them, others are savvy, alert to cpporlunrties for publicity, such as the BbB owner I encountered a few years ago in the Midwest when I arrived at the estab Irshment, after having driven many miles, I discovered that the enterpns rng innkeeper had made arrangements for my visit to be covered try two telev, stun and three radio stations and both local newspaper; In chuwona BbB accommodations, there are a few points to consider If you are a smoker, find out it the place has a no -smoking policy, otherwise, you might end up out on the porch try rng to enjoy a cigarette in a dale If the house is adjacent to a restaurant or a tavern, your sleep might be pietced by the sounds of merriment in the � ee hours For similar reasons, make sure ycur room doesn't front a busy street Be wary if the house or the yard shows neglect, ch nces are the inside will also bC.1bogdJAfinal word of caution small mom-and-pop establishments, unlike larger places, are not usually subject to local bylaws they may lack liability insurance, and their fire prev-_ features and sanitary standar(!, may leave much to be desired Small children are not generally wel- come at BBB establishments At those places in which they are allowed, the host's own children may provide diver Sion Very often a friendly dog or cat adds a homey touch If you are not partial to children and You net ice toys scattered around the yard, or if you are allergic to animals and see a doghouse, you'd best drive on With the exception o1 inns, most BB 8 places do not feature swimming pools, tennis courts and other recrea- tronal facilities However, many are sur- rounded by woods or cross-country ski trails Some places are equipped with indoor diversions, such as books and magazines, video tapes, board games and jigsaw puzzles, which can be a boon if your vacation gets rained out The intimacy and sociability of a BBB home can become a bit sticky, given the wrong mix of people How- ever. I believe that BB S visitors tend to be a friendly, tolerant lot, who enjoy different kinds of people I've heard stones about guests who were eager to pitch in and help out when a problem arose Perhaps BBB accommodations are answering a real need for human contact, felt no: only by guests, but also by proprietors People don't open their homes to strangers sole'y be cause of the profit motive, running a BbB establishment is not that lucra- tive Many BbB owns shave told me that their real reason for going into the business was to escape from the cor- porate world ,rid live in a more humane way Most said they were glad they had made the change I, too, am glad they made the change --BBB hosts are offering growing numbers of travelers a home away from home Norman T S#nlpson is the author of the Country runs and Back Roars senw and Bed b Breakfast, Ame-,an S:yle k hi;SUL'1'b UY aLlUhbUhIjUUL 6UOL1 Uk A br,L AhL j14r Ai lk'A6T hei6hbors VUU bhorelire i:rive expressed concerns about havin6 a b&b in their !,orhood durin6 the 11/17/b4 rlannine Commision meeting. We took tnese concerns to nine neighbors of three existing b&b 's in two towns and the results are on the following pa6e (copy of the survey). listed below are tine names, addresses, and ,none numbers of the nine people surveyea. reel iree to call any of them if you gave any faurtner c,uestior,s. VyLaLUuft lllh, bTILL,iWILI, rill I•,rs. Lan i•iacbonalu, 11b L.Laurel, 4�y-1>56 RIURYUWa Inn, 5`I'ILLivAl'irh, ma nancy itistow, 219 w. Ulive, 43y-9135 Leo Lohmer, 3U3 W. Ulive, 43y-174) Barbra klo, 225 w Chestnut, 439-1863 John Urtel, 11b 6. 5th, 439-0643 khOniiwUUu, hAbYli.ub Dave Unieski, 7UU W. 4th St., 437-1482 .i otin Linaber6, '/U3 w 4th Ot. , 43'1-Uy44 ehilt, volan, b53 W 4th bt. , 43'1-9.)14 noyce Anderson, 3U1 trine bt., 437--)U,�4 hLIU}lbUhhOUL SUItVLY ut A br,b Add bitl;AKrAST 1. Lid you know there is a bkb in your neibhbornood? rj ,,� C,u 2. Liu you initially oppose the iuea of a bkb in your neibhnorhood? Uc A . .y,:�..tc:� j. Do you feel the bkb nas changes your residential neihocri,00d to a commercial area! C•�}1 , a',,� i ua you feel tt;e bbcc has acvers� :_: i ected your neibnborhood? iu �. Do you feel the bfib has decreases the value of y4r hone': b . o.) Qnc 0 I OnL._ 1) v. Lo you s•..°, house buests loiterinf, arounu madinb 9 nuisance'. Coto .1iZc '1. Do you notice an increase of trai'fic in ,four are b. Do you feel the beb has decreased your enjoyment'-oi' our home? 1. Do you feel the concept of a bleb is a reasonable solution to the preservation of very large older homes? lu. v;culd you mind if an Urono City icepresentative called you ii tney nau any iaurtner questions, I' 1C Comments: crane Aduresn rnone :,itniture 0 , -; x Ari xvra E Llgstatf AK-" Ariwimtsas Fort Srnith Dili jornia AtKfxx Bay Berkeley Brockway Burbank Caltstoga Cambria Carmel Carmel Valley Carpinteria El Calm Geyserville lackson Laguna Beach Lake bhoe Manhattan Beach Mill Valley Moraga Napa Newport Beach Northndge Ojai Orosi Oraville Oxnard Pacific Gr, n•e St Helena San Lae go San Francts::o San Rafael Santa Barbara Santa Cruz Seal Beach Sonoma :i�-ntura Colorralo Ault Breckenridge Central City Denver Littleton Connecticut Branford Clinton East Haven Essex Guilford Hartford Ivoryton New Br"n New Haven DWM *I Cow Flori& Altamonte S(xings E tstrs Fat laixk-rdale Marathon IKeysj Orla• 1do Ormond Beach Panama City TAlahassee Gn„gia Marietta 4wannah Idaho Sandpoint Coeurd Alew Lake 1lfinois Chicago kiltetiMtit�k>l�a Unc(inw(x)d U.ale Pekin Quincy Wilmette ladiano Indtanapc l;s Iowa Dubuque �' nandoah Manhatten VV,AtJte•Id Kentucky Bawling Green Louisiana New Orleans St Francisville slicicil Wakef iekl Maine Bath Bar Harbor Dennysville K �ngfw6d 1 t-maqu►d WAS Beach Maryland Annapolis Betterton Crofton MI►s!wu kusetts Arlington Dennts4xy' L:dgartown H yannh 1pnox MaMw+i Nantucket 0%erviNe Siast'o(WAt Stow Truro Ware 4-XAs KAe Mich*" Lyons Minnesda Aiheit Lea Bloorntngt xi JiSsel Eisen Prairie Edina Ely Falcon Heights C,Men Va ley Gra.)d Marais Lake Benton take Wilson +ankato ?Aanneon St Croix ` I:nneapolis %linnetonl i ` .. Fund NFM Ham' NorthfwW Pierz fMymouth Richmond St Paul Spring Park Tonka Bay Woodbury M issoari Kansas City New Hanq"ire Bartlett Eaton Center Glen laffrey Littleton North Conway Northwood Rindge NM Yrr* Af wW Cuba 0 [.o(ations' Ari uma Flagstaff Uson Fort South California AncN3r Bay Berkeley Brockway Burbank Calistoga Cambria Carmel Carmel Valley Carpinteria El Cajon GeyservIlle Jackson. Laguna Beach Like Tahoe Manhattan BedLh Min Valley Moraga Napa Newpi)n Beach Northridge Ojai OrUil orovdle Oxnard Paoli, Grove St Ilelena San Diego San Francisco San Rafael Santa Barbara Santa Cruz Seal Beach Sotnorna %V-niura Cadwaib Ault Breckenridge Central City Deriver Littleton Connecticut Branford Clinton East Haven Essex Guilford Hartford korvton New Britain New Haven District of CAunihia Florida Altamonte Springs Eustis Fort Lauderdale Marathon 1") Orlando chmond Beach R,:-1ama ON Tallahassee Georgia Marietta Savannah I<6rin Saridpoint CueurdAlexe Lake Illinois Chicago l• �Iiet. h1rrn.�-aka :ncolnwood Lisle rk-kin Quincy Wilmette InJurna Indianapoks lowia Dubuque Shenandoah I(jillsas Maihatten Wakefield Kentucky IN w6ng Green Louisiana Near Orleans N Frano5ii1le iliJeil Wakefield Maine Hach Bar I larbor D ennysville Kingfield Pis rnaquid VkAls Beach Maryland Annapolis Bc terton Crofton Mwisowhiasa its :Arlington Denntspw. Edgartrawn Hyannis Lenox Marshfield Nantucket O-Aerville Siasconset Stow Truro Ware .%,-Axis Hole Michigan Lycns Minnesota A'hert Lea Bla)mingt:)n Das�:el I.den firaine Edina Ely F.alcoc hio:,ehts Golden Va ley rand t 1arais a le Banton ikr �k i1son '.tankato Marine -on St Croix '.Lnneapolls %%inn tonla Mound ":._•w Hope Northfield Pier, Plymouth Richmond St Paul Spnng Park Trika Bay IX xx.lbury Missouri loans City New Hampshire &irtlitl Eaton herder GJen latf rey Ldtletoxl North Conway `dorthwoud Rutdge New York Albany Cuba Hinsdale Kenmore Lake Placid New York City Niskayuna Saratoga Springs Schnectady Southampton Wells W illiams ilr North Carolina Asheville Charleston Charlotte Glenville Greensboro Robinsville Thomasville Trim Winston-Salem Ohio Dayton Z.tar Oregon Lincoln City Pennsylinnut East Earl Ephra-aRancaster Cis Gettysburg Glen Hazel Kennett Square ticw Hope Philadelphia %kbodward Rhode Wand MKidletown Ncvport Providence hJand South Carolirui Beaufort Charleston % siminster South DaiMa Bcresford Canova leffersor. Tennewe Knoxvillef5eymour Memphs TirAs Austin Dallas Vermont Bethel Eau Burke East Middlebury Irasburg Stowe '&•si Dover Wilmington Virginia Alexandria Cl-arlonesville'lTevilians widows of Dan Strasburg Washington Burton Seattle Seattle(Vashon Island Wisconsin Door County Egg Harbor Elkhorn Fish Creek Fort Atkinson I;:xton Kiel Madison Milwaukee M;nocqua Mincing Mells+ille Oshkosh Oxford I>idcvn Falls Powto Rico Vega Alta Youre someone special. i'%.' ,J A ., . , �wtio ine Spec gal your desit-rve **q, iai treatment Bed & Breakfast Regrsiry kncn.,5 that Vk care abLvx your spe gal needs and :xxn pleasure i, our main conce rn Our hl - 7are read, t, , ,e-ve yr`u Special services. r r.: .., It:.f e.•� special touches like !rest iw-iv,ef`1 in t _,.• r(-jm turn<kiwn A:!vite rnwR,, ec your ;, , it carafe cif w ne on th., bedside LkAe .N1 •u 1i always awdke to tht 1Wtiling d(f m.1 . ,r, .,tvt,vi neatly and .1.r':' M.rst few yuu Yiiu M tlnd ,pet .•, .". K e-, in marry hcht 4Jth as r -*,m pNn r1t:, t,,r the twr ax!Y, trdvek r dherrairw, Ica . v ,hvrn ar•n.il drxl ifet)drturl trenst><.rietKr� tc-t o.,w, cksigncyj an-,und �txir per�,t.,n.d •,rt�t•,t Bud i, Wedkf.t,t R,-g,.try i an rK lA taker c are t4 atf your travel r»t, f•. irK !;firing !fight arrange merNs &A d. -tin* north wlal ark) intt-rnxK`r, tc,ur% Will, .wit• p vw i ail viw can turr, yt.,_ Welt r('t• 'w :., . < '/ t11i1:ntr�y lw idea savi w A spedai "near" tradition. :ir,7.•LiFtvkta-.r.K ,,mn-,.lflKrishiav'ea wig aril tilea�,t-F c,.t ,Fy in t 1wland aril T,dn) F.urt,t••aui • - w-wit•s 'writ a mtllrei,al t , tr4w6ers have uu,il IN m t%tcwnf.mtabk` do.; n , nc,nu aS pt.•, es ii i ,n(_>Fi h or a gt l Kf night s Fest a hearty twc•akta-i gtR•f ctwiverltKm arhl dseiut trav�Ci Lipp, .>tit*a i • ititA area tit,% tine i tN%xtsl,) pw sl.d the ti•M (4 time abti .+ tithe h" n here f ,r yt.,u k:•n the travel rev+ lutitxl we re tn•at,rvj,{ ,)i this continent You can choose from a wide variety urban. suburban and historic homes, waterfront and mountainside homes farms ranches and small inns something Itx a business trip or a weekend getaway antique charm or contemporary ele- gance Whatever your destination. your host can advise you about where to dine and shop. local pants of interest history. culture and customs Your comfort and enfoJment is our main con- cern because YOU RE SOMEONE SPECIAL To place your reservation. Call or write A one night deposit is required plus Sip per additional night per room. There is a charge of SIO for a change in a confirmed reservation Guaranteed satisfaction. ytiu will receive a full refund if. upon inspec- tion you are not satisfied with your accommoda- tions or if your reservation cannot be confirmed There is a service charge of 510 if reservations are canceled more than seven days in advance The deposit is forfeited if the reservation :s canceled seven days or less in advance I' F i Private room and breakfast $12-75 single occupancy S2&150 dcwble occupancy VISA and :%ldsterCard accepted America by storm over the last decade The Boston GWr. 'The bed and breakfast movement is now a Mery American torrent the B&B is no temporary ph,-nomenon but an accepted accommodation alternative for Middle America' The New YorltTimim 'The term 'Bed and Breakfast: familiar to generations of visitors to the British isles is increasingly a pan cf the vocabulary of travelers in America New. too. is the fact tnat accommodations in private homes are now being patronized by wealth- ier tourists who prefer the heterogeneity of B&Bs to the monotony of hotels and motels All this adds up to one of the more notable changes in the travel industry since the motel boom that followed World War 11. The Ciiri�tian Science Monitor: Spending the night in a bed and breakfast instead of in a hotel is one increasingly popular way to cut vacation costs Although bed and breakfasts vary tremendously owners of nearly all share a desire to provide visitors with something special The key is to find the one that caters to your needs .. The Wall Street lounwl: Mmingpeopleisa prime attraction for bed -and -breakfast guests and hosts Its a broadening experence The Chicago SunTinies Most American hotei'motel rooms are fairly interchangeable two beds a remote -control televis:on and a plastic ice bucket Staying in a motel in New ybrk can be lust like staying in a hotel in Wichita or Seattle The only thing that changes is the TV channels So in this all -too -predictable. cookie - cutter world the discreet charm of bed -and- breakfast is becoming increasingly attractive to more travelers it has become bah a chic and an inexpensive way to travel across the country " Ll smv.. Better Homes and Gardeuc -Bed and r` accommodations. _are a European tracS�__ imported to the US and pk%a� tr . �t ,zed During the last few years and often reasonably priced lodgings hale blossomed ..But what's really specia, a_,_ B&Bs is the personal touch' Savi•i% the Magazine , r Ewcutitr to msem 'Some travel industry observers haze ca'e+ the trend the most significant inna'at.e- :�'e style of American travel since the poi-+ _ War II motel boom. At the heart of Bed & Breakfast's appeal is its exceptional d; ers: t accommodations prices and hosts are as varied as the needs of travelers..:' Notes from a Few of Our Guests: It was absolutely charming! You found the perfect place for our weekend geta-L.; ...everything about it was special. It aas everything wed hoped for and more" A Denver couple wrote. "Our hosts wen: ci;: of their way to assist with our transporta::ct'I needs They were very warm people arc .e homerrIi pecan rolls were a specia! %ea:. %Wd rec;xnmend Bed & Breakfast Rim: anytime Make this a four -star: was the respcnze d a guest from Oklahoma. 'I docin"t want t^ 'ea.e From Cedar Rapids Iowa. •This was o',:-' .� US Bed & Breakfast experience. `aed read about B&Bs talked about them, but a!Wa—.s hesitated When we finally tried it. it aaas s-ea: — a very enjoyable stay We're gc,;ng to _,-;e B&B from now on Thanks a �vJW 6ryn Flo IYa M01.a S ItiW 1W,.yy {S1B! 6"ypp.Q� M.�+w •:•pyn leer IhTitULUL;1,1UiV hany large historical homes all over the world are falling into ru;n because they are too large and costly for one family to maintain. This is a serious problem. we see an antidote for one of these houses on Lake Minnetonka. we wish to restore the house back to its original grandur which will be enjoyec by many people in t:le future like others have in the past. For years in Europe the owners of castles and lame homes have allowed paying house guests to come and stay in their homes to help maintain the estate. This is where the new concept of a Lea an,x breakfast was horn. Every state in the union prides itsel: %Ath historic areas ana homes. bed and breakfasts dot the country in these historical si:ee. Concentrations of b&bls are on the east and west coasts. In rainn- eseta there are sixteen historical homes and buildings oeing ased as a private home and a bib. There is a n&L hegistry in INinnesota iw to 4U locations and 8U rooms availatle. Une is even located in the Minnetonxa ceacn area. Two new tkbl s are planning on upenins soon in the area, one in the ?ierce-6yer house in excelsior ana one in the ourweil house in Minneton�:a dills. bED AND BhEARFAST? WhAT IS IT? A bed and breakfast is a private home (almost exclusively in a residential area) in which the owners allow people to be their house guosts for a fee by prereservation. The type of house guests which generally stay in a b&b are 25-8U y.o. in the middle to upper income bracket. They are looking :Dr a quiet, romantic, home as a retreat or place to celebrete a Special occasion i.e. honeymoon., anniversary, or birthaay. included with the lodging is generally an over view oi' the none and areas history, and a fall brea'rfastj :he moms vary in decorations and whether or not they have a private or shared bath. There are as many types of b&b's as there are Bkb's. We are planning a b&b similar to :hornwood in hactings, Overlook Inn in Stillwater. an Pratt 'labor Inn in ilea Wir,;. '1he similar ties are: the home is in , res:d,!ntia l area, the family who cwnes and operates the bkb live in the house, and the house does not have a commercial kitchen (trey nerve a hearty continental treakl'ast). UUtt SYEL;II' G PLA146 Ur' USE Ahl; AS k'ULLUWS: 1. The house would be our home first and formost. Uur bearooms and private bath would be on the third floor. 1. The second floor which has six bedrooms and two baths woula be available for house guests. We would only use five of the rooms for house guests. We plan house guests mainly on the weekenas j with some weekday house ;uests during the summer mornths inay j thru September. 3. The first floor kitchen, living room, dining; room, and porch woul:; be shared by our family and house guests. 4. A hearty continental breakfast would be served to house guests with fresh coffee, tea, lemonade, etc. available to guests at all times. (No alcholic beverages) 5. we would have five off street parking; spots behind the garage anc: on the south side of the water tower. natural screening of buildings and vegetation exizt so cars woula not be seen by neighbors or passersby. a. Laundry would be taken off the premises for launder-Ing, Only a few personal items would be launderea, i.e. bao;,I clothes. 7. The house nas 3.1 acres and a septic System. Jur planned use would be for eight people per day. (The Andersons who occu}.ie(i the house for the past 32 years had a family of eight.) Wo are willing to do whatever to the sewage that neeas to be done in o:---:c•^ to not endanger the land, lake, or neighbors. 6. The need for a sign for the nlin is unnecessar;; . Our mail b-);; wttr, our name ana address would be enough to let oLr guests enow -.hC; have found where they are doing;. y. The ieice would be uses as follows: We woula nave a aocx i'cr our personal use, we would allow our house guests to swim or fish irrc the docx. we would net allow nouse guests to aock their boats (no dockage for rent). anu we would refer Guests wno desire ooat rental to Paul's Landing; or Sailors World. 1U. The yard would be usea by house guests for walks. playin6 cro,4%..st, or sitting in a lounge chair with a glass of lemonade watchinjs the day go by. The yard would be used by our family ana children for play. 11. 'There are codes from the State of Minnesota which blob's follow to insure the safety ana welfare of their house guests. We woulu follow these safety moues. 12. We would not have any employees. A WEEKEND IN THE: LIFE. OF' A PERSON STAYING AT A b&b Check into the b&b on Friday after 5:00 p.m., either after dinner or r Fore. I1' before, change clothes and freshen up then out to dinner at a fine local restaurant. Arrive back at the b&b to plan your next days activities. In the summer sit on the front porch with a glass of ice tea and in the winter sit around the fire- place with a cup of hot chocolate and talk with your hosts about the area, history of the house, and local spots of interest. To bed in a nice clean room with antique Furniture, dowi, yui cs, fine linens, and the smell or fresh flowers. Without the noise of television or the worry of phone calls. Sweet dreams. Awaken cn your own. Dress and go down stairs to the smell or fresh brewed coffee and hot rolls. Sit in the dir,ing room or front porch and enjoy. Leave by 11:O0 a.m. to explore the surrounding areas, shopping, swimming, boating, fishing, biking, cross-country skiing, i-ie skating. muceums, ar: center, landscape- arboretum, ar,,; other spots of interest. back to the b&b to change clothes, have your picture taken in front of the fireplace, then out to dinner at one of the areas fine restaurants. After dinner return to the b&b to retire in a comfortable chair to share your days experiences. To bed with visions of breakfast just around the corner and another quiet nights sleep. After breakfast the next day check out of the b&b by ll:UU a.m. to travel horse very relaxed and content. CUNSLUSIUN We feel this house with its unique design, water tower and location, would be ideal for our home and a b&b. We Feel because of the size of the house, the property, the limited amount of house guests that the only changes anyone would see or hear is that the house would be restored beautifully with new paint and la dhcapinb and the laughter of our childrens voices. We do sincerely hope we have your backing. We will be avpilable for questions at any size. reel free to call Tom or Kristi at 474-97b4. v N MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 19, 1984 PAGE 9 #876 RANDY ASPLUND, 3424 i 3444 EASTLAKE STREET VARIANCE PUBLIC HEARING Chairperson Goetten announced that #876, Randy Asplunds application for a variance has been tabled until the next meeting of the Planning Commission. The following neighbors were present for the meeting: Harriet Hehl of 3348 Bayside Road Esther Addison of 3382 Bayside Road Barbara Huber of 3390 Bayside Road Kathe Jukish of 3280 Bayside road Don Boylan of 3240 Ba ide Road Rovegno moved, Kelley seconded to table the application. Motion, ayes (6), Nays (0). �ERPRETATION HOMAS KAUL OF ZONING CODE PUBLIC HEARING 9:45 - 9:49 Thomas and Kristi Kau] were present. Zoning Administrator Mabusth noted the certificate of mailing ana the affidavit of publication. The following neighbors were present for the public hearing: Mary Ann Stinson of 2040 Spates Avenue A.J. Tcurangeau of 2060 spates Avenue Pauline Bouchard of 1860 Shoreline Drive Ronald J. Prineas of 1980 Heritage Drive Mabusth as'�ed if any of the members of the Planning Commission were able to attend the open house given by the Kauls at 1900 Shoreline Drive. Goetten hadn't received her invitation. Rovegno said he had tried unsuccessfully to reach Goetten. Sime and McDonald were unable to attend. MINUTES OF THE PLANNING COMMISSION ME'FTING HELD NOVEMBER 19, 1984 PAGE 10 #878 THOMAS KAUL Goetten wanted to note that she had received a call from Kathy Coward, o%,ner of 1950 Heritage Drive now residing in NY. Mrs. Bouchard introduced a copy of Kathy Coward's letter which Chairperson Goetten read to the people present. (See attached letter.) Mrs. Bouchard presented another letter representirg the Fox Hill Association which Chairperson Goetten lsu read. (See attached letter.) Mabusth commented on the phone ca 1 1 she recieved from Mr. Stinson regarding the application. Mabusth reported on his position. Mr. & Mrs. Stinson have a rental unit in the Virgin Islands and they would not like to see this type of activity in this neighborhood. Gr,etten read the letter written by Pauline Bouchard to Jean Mabusth. (See attached letter.) KiAsti Kaul asked to state her feelings. She realiz-s that there is a lot of opposition and feels that the neighbors have a predetermined notions of wl: at a Bed and Breakfast (hereafter referred to as d B&B) would be like elsewhere. What we really want to do is first and foremost is have this as cur home. We would have very limited house guests coming and staying, mainly just on week -ends. Our main objective is to restore the house to its original state and maintain it. We have contacted all of the neighbors and informed them of ou- plans. We feel that the way the house is located and because of the existing vegetation, the extra guests that would be staying, wouldn't even be noticed. There are seven bedrooms but only four rooms would be available for guests. We feel that the history of the area is so valuable to maintain. So much of it has been lost. We are looking at our home - not a business. McDonald stated she felt that what t -- neighbors were trying to say is that people are people and it is hard to control their actions. MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVE:MBER 19, 1984 PAGE 11 #878 THOMAS J(AUI. Kaul stated that she and her husband had visi ted the other B&B's in the area and that they arc - listed through the B&B directory which limits the amount of traffic through your home. There are 40 homes in Minnesota. One example that is similiar to what we are trying to do is on Mount Curve Place. It. is in a residential area and the house doesn't look any different than any of the others in the area. My suggestion is to have a represen- tative of the neighborhood and of the Planning Commission come with us to talk to these people and their neighbors. Kaul asked about a CUP permit. Goetten stated they would then have to make some changes in the zoning code. It is not considered a conditional use at this time. Goetten suggested that the issue of a B&B may have to be looked into and possibly amend the code to include a B&B. Rovegno asked Mabusth if the residential area is not the place for a B&B, which zoning area could accommodate such a facility? Goetten stated this a question of interpretation of the home occupation code. Sime referred to code book under 10.20 secticn 4(c) for a home occupation only three (3) parking spaces are accepted and the occupation cannot be visas le from the outside of the home. Mabusth noted that this applied only professional people such as doctors, architects, etc. who used their homes on a temporary bases. McDonald asked the Kauls if they had considered any other homes in this area for their B&B. Kaul said they had but they thought this was the best area because of the location on a major street. There would be no conflict of a private street where a few extra cars on a given night would be noticed. we had considered the Pierce- wyer House in Excelsior but the size of the house would tend to be more commercial than we want since this is to be our home. MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 19, 1984 PAGE 12 #878 THOMAS KAUL Adams commented that he thoug.it this is a marvelous idea and that it would be good for the community but. he felt that the neighbors views should be heard. Rovegno commented that he did remember the application for the subdivision on this property and the court findings. He felt that this is a prime example of the houses of the erra and felt it would be a good use of the land. Fie has known the Kauls for several years and finds them to be a hardworking, honest couple and feels they will comply with the limitations set forth. He did, however state that he is uncomfortable with the "home occupation use". Goetten stated B&B's are something that we should address elsewhere because of the neighborhood reactions. She recommended that staff look into possibly amending the code to cover B&B operations. Kelley moved, Sime seconded, recommendation for denial of #878 Thomas Kau], 1900 Shoreline Drive, subject to the following finding: 1. That a B&B does not meet the original intent of the home occudat.ion code Section 10.20, Subdivisions 4 (C). Motion, Aye (5), Nay (1). Rovegno voted nay. Minority Opion - Rovegno stated that under Section 10.20, Subdivision 4 (C) home occupations code, he felt that B&B is accessory to residential use based on review of performance standards provided by staff. It is only carried on by persons residing in the residence, there are no paid employees, the use is ^onducted within the principal residence, there no visible signs of use from the street, no accessive stock stored on the premises, no overcounter sales, the entrance is through the principal residence and the septic system is up to the B&B as well as the 8 - 10 member family that could live there. I find the three (3) stal 1 parking not applicable because it only pertains to rr^fession practice. Further I find that County ;load 15 is a major throghfare and probably a suita- ble residential road on which to place such home occupation. And the app] icar:t s ap;ear to he wi 1 ling to subject. themselves tc, MINUTESOF THEPLANNING COMMISSION MEETING HELD NOVEMBER 19,1984PAGE 13 #878 THOMAS KAUL further regulations beyond those provided for the zoning code. I find tha* this is a home occupation that doesn't require ,application to the Planning Commission or City Council. #880 STEVEN RUCE 4625 WEST BRANCH ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 8:00 - 8:06 PM McDonald added that the home occupations code should state that hotels and boarding houses not be included in the code. Kelley moved, : . regrio seconded, recommendation: t,. staff to review the planning ordiances to find the appropriate sections that should be amended and reviewed by the PC and City Council for B&B's within the City of Orono. Adams commented that he believes there is a place in Oror.o for B&B's and this is a oversite in the code. Is a 100% in favor of the motion. Motion, Ayes (6), Nay (0). Steven 6 Joyce Ruce were present. Zoning Adminis- trator Mal-usth noted the certificate of mailing and the affidavit of publication. There was no one present from the public. Ruce is requesting to bui ld a greenhouse 10 x 25 in the rear the property attached to the house. Gaffron .cated that it does meet all setback requirements and doesn't affect the septic system. There is a deck in the back of the house. The question arises because Mr. Ruce has some commer- c.i 1 dealings outside the home. Ruce explained that he is a gardener and works in other reoples gardens. In the spring of the year he grc•ws plants to use in their gardens, which is i p -pc sc, of the greenhouse. There is no walk-in .,o stated that the deck would be removed so eenhouse may be built. This would not :n. __e the deck on the east side of the house. Gaffron noted that there are no hardcover problems. U PAUL H. TIETZ 4200 IOS CENTER 60 SOUTH EIGHTH STVEET MINNEAPOLI , MIN NESI`•TA �. 3102 November 19, 1984 Ms. Dianne Goten Planning Commission City of Orono Orono, Minneso._a Dear Ms. Goten: It is my understanding that there will be considered by the Planning Commission a proposal by Tom and Christie Kaul to operate a bed and brea:yfast establishment at 1900 Shoreline Drive in Orono. It is my ;understanding that this location is currently used as a single family residence, and that some consent would be required by the City of Orono to allow the proposed change in use. I am currently President -,t the Foxhill Homeowners Association, of which the fourteen homeowners in Foxhill are members. Foxhill is located in close proximity to 1900 Shoreline Drive. As President of Foxhill, I wish to express my opposition to the proposed commercial use of 1900 Shoreline Drive as incr)nListent with the residential character of the area. While commercial areas are nearby, we are concerned about increasing the scope and area of such activities. As I only heard about this proposal yesterday, I cannot set forth a full analysis of my concerns and would appreciate notice of any further hearings or proposed actions with respect to 1900 Shoreline Drive. S fely - - Paul. H. 1I'etZ 5_J PAULWr. M. But (AARU ATTORAI`1' AlLAW 1860 5110RI11AL DRIVE WAYZATA. AfIX.MCSOIA 55391 lovember 15. 1S,"4 ''s. ' .. I:sth City Clerk Orono ;finnesota Pear 'fs. ':abtisth Re- Rec+uest by :!r. and 'irs. Yaul to convert a sing3c far:ily residence at 190� Shoreline Drive to a bed and breakfast facility Ir My husband and I wish to po on record as beint,, opposed, to any decision uy the Planning Corn-lssion of the Citv of Orono to permit the use of the residence at 1900 Shoreline Drive as a bed and breakfast facility. ','e own the residence immediately to the east of the subject property. Ve object to its beinr used to acco"e ate guests who would rant to sit on the frnnt lawn because t`iis could rive the appearance of an inn or a resort. ''e oppose the Tronosal because we 6o not wish to see what is zoned as a single family residential area be made any more co^nmercial than it already is. The heav'ly comnercialized area just to the west of the subject property, Sailor's ':orld ant: tl,e Transmission Station at the corner already bring in more conmercial traffic to the area than we desire. Allowing the conversion in use which is being renuested by the mauls would only add to that congestion and would reduce our enjoytrent of our property even *ore. 'Je applaud the City'£ efforts +r keeping the two lane character of Shoreline Drive along the Smith's Bay portion and would hope that the same spirit will prevail in preventing further cortmercialization along this same stretch of the rav, ve appreciate your taking our views into account as you deliberate or. the Irerits of the hauls' proposal. Sincerely yours, A Paulice Souc;iard and Thomas J. Bouchard Jr. 19 Heritage Drive Wayzata, Minnesota 55391 Novembc. 15, 1984 Orono Council Orono City Hall 1335 Brown Road South Wayzata, Minnesota 55391 SUBJECT: Proposed Bed and Breakfast Business 1900 Shoreline Drive ("The Kaul House") Dear Members of the Council: I am in receipt of various documents pertaining to the above named proposal being made by Tom and Kristi Kaul. The pur- pose of this letter is to formally respond to this proposal. STATEMENT: As owners of the property located at 1950 Heritage, my wife and I are commited in our opposition to this proposal. While we would gladly consider any "new" facts as well as attempts by the Kauls to meet any specific concerns we might have regarding details of renovation or operation, our opp- osition centers on the principle of the proposal. DISCUSSION: So that the Council and the Kauls have the opportunity to understand the nature of our opposition, we list below several issues that are important to us: 1. We purchased our property in reliance of Orono's zoning laws as they govern our neighborhood and the protection they provide over our property values. In accordance with this reliance, we undertook a two year project to make ,ubstan*ial improvements to oui property. (For the same reason we also op- posed the request by the Andersons to sub -divide tneir property, creating a sub -standard lot). In granting the Kaul proposal, the Council would :learly be submitting other property owners to the risk of lower property values. It is inconceivable that a "BbB" would have anything other than a negative impact on the value of other properties. This is simply a risk we should not be asked to take. more ... Orono Council, pg. 2 2. Any business, including the kind proposed by the Kauls, necessarily involves traffic, noise, lights and facilities over and above those required by a single family dwelling. We simply do not want to be subjected to this. 5 bedrooms means 5 cars according to "A Weekend In The Life Of A Person Staying At A B&B", we can expect each vehicle to make a minimum of 2 round trips per day. That's 20 vehicles entering or leaving, before laundry and before the Kauls own travel. the plan places the parking lct and cars directly in front of our property, in full view Gf our kitchen, dining room, living room and family room. 3. Commercial use of this property can only give new ammuni- tion to those who would push for installation of a sewer system in Orono. In conclusion, we would be happy to have the Kauls as neigh- bors and welcome the restoration of this property. however, we oppose the use of this property for commercial purposes. Yours truly, co K 0 (7d Greg Coward cc: Jean Mabusth U December 5, 1984 Orono City Council Box 66 Crystal Bay, Minnesota 55323 To whom it may concern: i1L5C�%D�IL'��, C 5 %4 I am writing to express my opinion regarding the proposed "Bed and Breakfast" on County Road 15 in Orono. I think that the Council sF.ould take a good look at this proposal. I am not familiar with any specific Bed and Breakfast Inns but I am familiar with the concept. This is an idea that has been flourishing in Europe and now seems to be catching on in the United States. I think it would be a positive addition to our community to have a Bed and Breakfast such as the Kauls propose, and see no negative aspects of their plan for the immediate neighborhood or the City of Orcno as a whole. I think that we all have to be realistic about the future of some of our historic achitectural treasures. The Kaul's proposal seems to be a good way to preserve the history of this particular residence. I also think that, a community, we have to realize what the current national trends are with regard to multiple family occupancy of single family dwellings. An inspection of the data in the 1980 census reveals a drastic increase of this practice. It is happening for several reasons, all of which are present in communities throughout the 11nited States, including Orono! 1. Housing costs h,ve increased to the point that many people need to rent a room in their home in order to bc- able to afford the American Dream, home -ownership. 2. Those that cannot afford to own can sometimes only afford to rent a room, not an apartment or entire dwelling. 3. There is sometimes a shortage of housing that is effectively supplemented by Mother-in- I,aw type apartments. 4. In some cases, the second residential unit �n a single family dwelling is the last option efore a health care facility. Orono City Council December 5, 1984 Page 2 All of the above reasons have been used and will continue to be used Lo justify the existance of multiple occupancy of single family dwellings. In light of the fact that these reasons are being used to approve variances, I think we need to look at all the reasons for granting approval of the Kaul proposal. Another area that needs to be considered is that we are being asked to allow a "BUSINESS" to operate in a residential neighborhood. On first thought, this seems to be something we might not want, but, with further consideration, I realize there are many businesses operating in the residential sections of Orono, many of which are in and around single family homes. How can we condone the activities of others, many who may not have asked permission, and not allow the Kaul Bed and Breakfast. in my immediate neighborhood I can think of several business operations that operate with little or no harm to the neighborhood and its residents. 1. Gordon Coffin -Surveyor 3025 Watertown Road Actual office operates in basement of home. Home is used for business purposes. Four to six cars frequently parked on premises. 2. Green House (Formerly Newmann residence) NW Corner Watertown a Crystal Bay Road Boat and Auto storage business. Both inside and OUTSIDE storage for a fee. 3. Hertz's Auto Body 2845 Watertown Road Body shop in residential area. Actually listed in phone book as commercial business. Excessive number of cars parked in this location. Doubtful whether this business is operating lawfully. 4. Stubbs Building 3 House Movers Crystal Bay Road Actual address not listed in phone book. Storage and operations facility for house moving business located in and around single family home. Many large vehicles parked on premises. These four examples are all within one mile of my home and of each other. They do not. cause any damage to my enjoyment of my home and seem to be operating in a manner that is acceptable to the community as a whole. How can we allow these businesses to exist and not allow the Kaul Red and Breakfast. The four examples listed above are obvious to me because of my proximity to them. I am sure that in other parts of Orono there are numerous other similar enterpris-s in existance. P6 Orono City Council December 5, 1984 Page 3 We also need to consider the proximity of existing commercial enterprises to the proposed B a B. Paul's landing, Sailors World and Tonka Transmission are all within the immediate area. These locations are not likely to revert to residential use and do sway the make-up of the area from all residential to mixed use. A further inspection reveals two other marina type operations in the area. A final area that needs to be addressed is that of multiple accupancy of single family dwellings. Does it presently take place in Orono? YES! In all cases, does it have the blessing of the City? NO! Is it something that can be stopped in this day and age? NO! I have known Tom Kaul for over ten years and I feel that he is a person of substantial character and will live up to his promises to the City of Orono. I have known Kristi Kaul for four years and I feel she is also the type of quality individual that the City of Orono should put their faith in. I hope my input will be considered and, if possible, I would like to have this letter read to the Council at the meeting prior to final vote on this matter. I appreciate your time in consideration of my opinion. Sincerely Leonard D. MacKinnon - 26 year ORONO RESIDENT 3400 Watertown Road Long Lake, Minnesota 55356 LDM:jw cc: Tom & Kristi Kaul 591 `Vr st �, �—:Sons . 55 3q� OEC 1304 � CITY OF 0 Li let •� IL - L' c L !j,— i e "-.0 L l - J C4- t -t LAL (` t. i r`il LS V l- owl' L i LEC 7 1984 CITY OF ORO; DEC 0 I9js4 December 10, 1984 CITY OF ORONO 0-ono City Council Box 66 Crystal Bay, MN. 55323 RE: Bed and Breakfast, Anderson property, Shoreline Dr. Gentlemen: As a concerned citizen residing in an area in close proximity to the proposed limited use variance on, the currently vacant above referred property, I feel the need to communicate my feelings to you. The B and B concept is one that h-- been accepted in many areas both locally and nationally as a viable hone business which often fulfills the need for rented -rooms for relatives or friends of residents of the community. As such, the Kaul proposal would lend a distinctly charminq ring to this community. The property in question is certainly in need of restoration and would obviously widen the tax base in the community, which would be advantageous both esthetially and financially. The petitioners, Tom and Kristi Kaul, in my experience, have proven themselves to be responsible taxpayers in the Lake Minnetonka area, with a flair and feel for renovation arr(i Please accept this letter as a hearty endorsement for this aropcsal. Sincerely, Ronald C. Anderson 1355 Arbor Street Crystal Bay, MN., 55323 RCA/jb r'J November 30, 1984 Dear DE 511%4 nITV AC 11DflA1n � I hope our brief description gives you a clear under- standing of our plans, and that you agree with and support our intentions to presery this monument of history. If you do, we would `ppreciete i` if you would write a snort letter answering as many of the following questions as you care to, and send it to the 6.ono City Council by December 10, 1984. 1. Are you familiar with any particular Bed and Breakfast Inns? Have you stayed in them? 2. Do you feel a B&B in the neighborhood would noticeably increase the commercialism already present? 3. Do you feel a B&B in your neighborhood woulc' decrease the value of your harie? 4. Do you feel the concept of a B&B in the blue house is a reasonable solution to the pres- ervation of this house:' 5. Do you think them is a need for rented rooms for relatives, friends or family in Orono? 6. How lonz have yoij kno-.n the Kauls and would they make good neighbors' ai:E,rec,ate yc:jr t.s:e a:,d !ull; ».L!: �-u: prc4c_:.. Thank you, Tom, Kristi and Jamie Kaul 474-9764 Orono City Council Box 66 Crystal Bay, MN 55323 r C [;iowl [9 " DEC i 0 sm i� CITY OF ORONO December 10, 1984 IU: Members of the Orono City Council As residents of Orono for the past 11 years, and friends of Tom and Kristi Kaul for the past 5 years, we are writing to express our support for their proposal to restore the blue house on County Rd. 15 and create a Bed and Breakfast on that site. It seems to us that Orono, with ;t's lakeshores and rolling countryside, could and should create a charming and quaint image similar to that projected by many areas famous for their Bed and Breakfasts, such as Bayfield, WI, Stillwater, MN, Hastings, MN and Mendocino in the wine country of California. We certainly feel that the existence of a Bed and Breakfast in the neighborhood would in no way reduce the value or desirability of the surrounding homes. To the contrary, the upgrading of a home presently in a state of disrepair could increas property values in the neighborhood. We do not feel that this type of operation would in any way increase the commercialism of our community. Instead, we feel it would be as asset to Orono. We are much more concerned with the condition of the premises of the automotive transmission shop down the road, and feel that steps should be taken, at the minimum, to prohibit the outside storage of automobiles in various stages of disrepair. In this day and age of almost disposable architecture, we feel that every effort should be made to preserve the historic landmarks of our area. We are friends of the Kauls and have been guests in their home in Greenwood, and have seen the excellent q�;ality of workwanship lirat they have put into the rerr,ideling of that home, and well as the immaculate condition in which it is kept. We feel that th^v would put the same kind of energy and quality into the proposed project. We strongly urge the city council to approve the conditional use permit for which the Kauls have applied. Sincerely, Thomas and Julie McCue G 3285 Crystal Bay Rd. Wayzata, MN 55391 jm COUNCIL METING TO: MOyor Butler and City Council CITY OF ORONO FROM: Jeanne A. Mabusth, Zoning Administratuc DATE: January 7, 1985 SUBJECT: Proposed Amendment of Zoning Code - Placing Limitations on Fill, Locations and Height of Privacy Fences Within the City Public Hearing field on October 22, 1984 by the Planning Commission Amendments are proposed to the following sections: 1. Section 10.03, Subdivision 1.5(C) non -encroachment section 2. Section 10.03, Subdivision 9(B) height of accessory building and structures. Section 10.22 Subdivision 1 lakeshore setback rr_gulatlons. 4. Section 10.01, Subdivision 15(D) non -encroachment section. The enclosed ordinance places limitations on the amount of fill allowed in conjunction with the installation of a privacy fence along a major thoroughfare as long as the combined height does not exceed 6 feet above the height of the crown of that roaoway. Limitations are now placed on the height of privacy fences allowed per the accessory structure code. Such privacy fences are limited to 6 feet in height measured at existing grade - no f i l l ing al lowed. Variances wi 1 1 l e sought if there are unique hardships related to a property. The current code places; no realistic height restrictions (except for 30 feet maximum height) Of) i✓acy fences that maintain ac,---ssory structure setbacks in rear, side and Lakeshore yards. ,he Planning Commission unanimously recommmends against the placement of 6 feet privacy fences at the 75 feet lakeshore setback line. They strongly suggest a placement based or the average lakeshore setback of the homes on adjacent lots. The enclosed ordinance has been drafted to include the Planning Commission recommendation. 'f an average setback is established for privacy fence construct-d '0 feet from a side lot line (as an accessory structure), staff recommends also amending the non -encroachment section of the code that allows 6 feat high fences up to the front line of a house on a Iakesh;rf-= lot with no required setbacks from _he side lot line. Secti^r. A.03 Subdivisioo 15(D) D. In side or rear aards onl bays not to t:ceed a depth of two `.eet nor Co contain an areamore than twenty square feet, fire excace.c� not to exceed a width of three feet, fences and walls not to excee•) a height of six feet above grade anc� open off-street parking _ _ -- ---_ r� �.._ Proposed As-nenelment �) In s,' )r rear yards only, bays not to exceed a depth of two f-:et nor .,onta::, an area of more thatv twenty square feet, fire excapes r to exceed a width of three f•-et, fences and wa l is not to exceec.. h-might of six feet above grade and open off street parking ex•a_pt for lakeshore lots, no fence or wall that exceeds 42 inches Tn heigni may be located closer to the shorelines than ttie average �istance eon the s`orel�ne o existing residence butliffn_g_s_ oii adjacent lots, soch—fences shall not be constructed -- within 5 Tee* of the shoreline � If Council does not agree with the Planning Commission re ommendations regarding average setback lines, the code will cortinue to allow privacy fences as an accessory structure 75 feet from the shoreline and as a rion-encrrachment at the front line of the house. Approve the ordinance subject to staff excluding the amendment to Section., 10.22 Subdivision 1 and 10.0i Subd' •vision 15 (D). The Planning Commission expressed strong interest in drafting a new ft•: :-- ---finance. Staff circulated a survey of various performance 4'_::.,ldar-�s that were to be reviewed and submitted back to staff by December 10th for direction in drafting a new ordinance. Staff received one telephone call from a Planning Come on member that opined a new ordinan•-,., would no'--- be needed if the current amendments were enacted. If Cr ,•il wishes fur�her study or cont;i :erat.ion (-,)rlr-errinq i i.ew fence tdinanc_e, please advise stiff. ORDINANCE NUMBER 9, SECOND SERIES AN ORDINANCE AMENDING PERFU;'MANCE STANDARDS TO THE. NO'4-ENCROACHMENT AND ACCESSORY STRUCTURE SECTIONS OF THE ORONO MUNICIPAL CODE The City Council c. ir­.3 Ordains As Follows: SECTION 1. Chapter 10 of the Municipal Code of Orone is hereby amended by amending Sections 10.03 Subdivision 9(B), Subdivision 15(C), (D) and 10.22 Subdivision 1 to read as follows: SECTION 19.93 Subdivision 9 Accessory Buildings B. Height Restrictions. N ) accessory bui 1::: ­js e. structure in the "R" District shall exceed the height of the principal building except that fences permitted per Sectior. 10.93, Subdivision 15, E, F and Section 10.22, Subdivision 1 of this code shall not exceed a height of 6 feet above existing grade and the height of barns and stables shall be subject to the approval of the Council. Subdivision 15 Non -Encroachments Fences which do not exceed 3-1/2 feet in height, fences not over six feet in height along the xtreet lot line of lake frontage lots which front on a major thorou,7hfare, if fill is required, the total combined height of both fence and fill shall not exceed 6 feet above the height of the crov,n of the road, terraces, steps, u-.covered porches, stoops or similar structures, which do not extend above the height of. the ground floor level of the principal building and �.•xtend to a distance of not less than two feet from any lot line. D. In side or rear yards only, b, ; not to exceed 3 d, t 4 feet nor to contain an area of mo.� than twenty squar. fi i?xcapes not to exceed a width of three feet, fences a .3 not t,; sxceed a height of six feet above grade and open -reet parking except for :akeshore lots, no fence or wall ti. xceeds 42 inches in height may be j ocated closer to the shores ine than the average distance from the shoreline of existing r.asidence buildings on adjacent lots, such fences shall no I- constructed within 75 feet of the shoreline. SECTION 10.22. Regulations for One 'am: i y Lakesh,). e- dential Districts. Subc+.vision 1. Lakesn,�re Set Back Regulations. The set hrota the shoreline for lek_-ea-1re lots shall be a* least 75 fee . and no building, f¢rice or wal 1 that exceeds 42 inches in height may be local !d loser to the -el ine than the average distance from the shorel •nF of ex is •snre bui ldings on adjacent lots. SECTION 2. Adoption and Publication. This ordinance shall be effective upon adoption, and a short summary shall be published in the Lake Minnetonka Sun and The Laker newspapers. Adopted by the City Council of Orono on this 14 day of January, 1985, by a vote of ayes and _ nays. Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor "'MMI 'MEETING TO: City Council CITY OF ORONO FROM: Tom Kuehn, Finance Director DATE: December 31, 1984 SUBJECT: October, 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 October, 1984 and for the ten months ended October 31, 1984. The reports summarize by fund the beginning cash balance, receipts, transfers from other funds, investments sold, disbursements, transfers to other funds, investments purchased, and ending cash balances. The total of all funds for each column is compared to thin previous year for the respective time period. The comparison of the totals is f )r the purpose of showing the cash and investments for all funds from year to year. CITY OP OFAU4O Sl3MMARY OF ItKZIPTS, DISSURSQgM-, AND BAIANCKS R)R THB MJWr.1 OP OCTOBM, 1984 Blgrnning Lndin - Investtwznt :as9i - Transfers Investxtits Transfers InvesLTwnts Cash Invest:ant FUND Balance Balance Receipts In Sold _ DisbursaWts Out Purchased BaldnLe Balance General S $1,775,139 $187.989 $ S S 162,143 $ $ S.,84W,976 S Federal Revenue Sharing 75,545 8,491 9,335 74,701 Parks 103,213 5,692 - - l9b,9@5 :onnnrnity Development 83ock Grant (4,213) - - 2,395 (6,608E riguipsent Outlay 197,917 1,820 23,029 4b,W19 Building Capital Outlay 31,766 529 - - 32,295 Municipal State Aid Construction 68.612 1,20u 7,913 61,899 G.O. State Aid Road Bad 4,292 92 - - 4,384 Verraanent Improvement Revolving 186,733 3,241 69,586 129,388 Toecial Assess 1966-1976 895,678 17,752 - - 913,439 Special Assess 198J 253,949 4,916 - - 25d,865 Saecia! Assess 1982 138,955 3,113 - - 142,068 :.iyuor Operating 29,654 37,430 32,179 34,914 Water Operating (18,728) 36,841 9.3" 8,753 Sever Or%,atrng 194,493 51,677 74,168 174,4182 Golf Course Operating 32,798 3,343 4,787 31,264 Pooled InvesLnent Trust Fund 3,636,366 (3,770,110) 34,24 1,364,957 66,256 1,344,174 (3,781,33.) 3,815,583 TOTALS $3,836,366 .......... S 185,511 .......... $398,363 S - - ........ ........ $1,364,957 .......... $ 452,149 .......... S $1,344,174 ........ ...n..... 6 72,SM .......... $3,815,583 ......... T0471IS LAST YEAR $3,617,518 .......... S 59,696 ..... .... $363,329 S - - .v ...,... ........ $ 590.692 ....... z. S 313,575 .......... S - - $ 629,825 ........ w...-..... S 79,225 w........ $3,647,645 wa.�.... .0 . CITY or ORM) S:RIW- OF WJ1CF.1PT5, UISHl1RSFT924TS; AN) BA1AW-1S FVR 'MF: rM 41 MS EX)ED OCTOBt]+ 31, 1984 Beginninq ErV'ii�__ _ ln%vstuaent Cash Transfers west:nents Trtinsfers Invest.,wgitS Cash Investment F'jw) Balance Balance mecelpts In - Sold :)Isbursewents out Purchased Balabcw balance Generel S $1.903.896 $1,425,322 $14,954 c S!,54o,083 S 3,111 Sl,WQ ,976 S Federal Revenu- SMrIrn3 67,940 33,C18 13,052 14,005 74,701 Parks 109,087 15,705 15,887 106,905 Community y-velopment Black :rant (151) 11,354 17,811 (A.608) Equip*+ent Outlay 113.369 7,241 6,22h 39,276 09 Bb,61l9 Building Capital Outlay 30,49P 1,995 - - 32,295 Municipal State aid Construction 62,088 `•,661 .5,850 61,899 C.O. State Aid Road Bond 4,060 44,996 43,772 4.384 Per anent Inprovement Revol•:inq 186,477 15,861 72,950 119,Sbb Special Assess 1966-1976 1.125,092 174,551 378,467 7,746 913,4A Special Assess 1990 299,462 161,135 7,746 149,47e 2`A,865 Special Assess 1982 132,156 91,519 81,507 142,068 Liquor Operating 27,690 411,523 404,299 34,914 Water Operating 5,562 112,788 99,529 8.753 Se.ier Operating 157.580 376.779 359,155 3,113 172, N2 Golf Cotirse Operating 19,981 85,418 73,135 31,264 Pooled Investm-nt Trust Fund 4,175,663 (4,175,663) 289,655 16,b06,443 246,409 16,446,363 (3,781,337) 3,615,583 _ 70TAL-q 54,175,663 .......... S 67,876 ........ $3,195,214 .......... $26,926 ....... $16,806,443 ........... $3,550,662 .......... $28,926 Yi..fi $16,446,363 f.......... $ 72,588 43,81S.563 TOTALS [AST YERR $4,002,162 ..v....... S 45,875 ......... 52,842,SS9 Yi..Y... $45,429 ....... $14,702,427 .......... $3,172,726 =f..■Y==, $45,429 ....... $14,347,916 .......... 8 741,225 .......... 33,s47,645 .p.MM.. A2 ®NNiPMEETING JAN CITY OF ORONO TO: City Council FROM: Tom Kuehn, Finance Director DATE: December 31, 1984 SUBJECT: November, 1984 Monthly and Year to Date Summaries of Receipts, I)isbursements and Balances The attached report ref lects the cash activity for al 1 funds of the City for the month of November, 1984 and for the eleven ,-nonths ended November 30, 1984. The reports summarize by fund the beginning cash balance, receipts, transfers from other funds, investments sold, disbursemonts, transfers 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. CIYY %.W OR73D SMOVM Or RECE I PIS , D I SMR5@!7R'S AEU RALAH TS KM THE MOI M OF IDVI 1994 -- Beginning - -- - an rA Investstarnt Cash Trsns'.ers T-.estaents Transfers Irwrstanents --- 'ate - --- Irnaet�r+t RM Balance Balance Recpi�ts In Sold Disburseesents Out Pucclfesed ea3aiss No Lance 5-neral S S.,d8Y,976 $ 72,348 S 26,404 S S 154,155 S S $1,74S.S73 $ Federal Revenue Sharing 74,791 - - 6 45,356 29,3" Parks 198,905 1,430 3,91, L26.374 Com inity Developm--nt Block Grant ;5,608) - - 6i (6.6731 ,quipaent Outlay 4:,649 "a) 45 INS.S12 Building Capital r rtlay 32,295 Nurnic*pal State Ard Construction 61,i'i,4 61,ii99 G.D. State aid Road Band 4, spa - - 4,134 N-rnmiont liprov-snnnt Revoiiirr7 i2�,ii3 1,96i 111,64d Special Assu-ss 1966-1976 413,4'.4 4,'20 - - 918 1w Speci al A ".1 1938 2,d,865 583 - - 2".444 Special Assess 1412 14.,368 573 - - t42.4 Liquor Dperating 34,914 35,369 35.925 M.5^ Water 'gating 8,753 89 13,311 (4,418) Spwr Operating 172,092 SQ,861 33,784 .91,27v :-alf Course Operating 31,264 56 3,778 27.54t Pool,d im-stm nt Trust Fund 3,815,583 (3,781,337) _ 49,416 _ 824,722 36 779,391 4#i,616} 3,77a Z52 TOTALS $3,815,583 $ 72,SU S225,168 $ 45,356 S 424,722 S 257,737 S 45,IA S 7791391 S 85,262 $1,778,252 -`O."PJS LAST YEAR $3,647,645 .......... S 72,225 .......... $232,738 ........ $ 15.906 ........ $1,091,324 .......... S 267,385 .......... $ 15,9" S1,adl,324 ..ss... ss.,.... S 3S,S76 �........ $3,"7,645 .......... CM OF am= 9"Vicr Or FAMIPTS, UISIi13R.SPW)rrs W) ML AWES K311 Tm 4 Z4= WWM NOW UNWOU 30, 1994 Begimirxl-- lrivestment Cash Trarkst,?rs PW _ ealancn_ Balance Receipts_ _`In_-__ General $ S 1,903,896 $1,497,670 441,358 Federal PArjenue Storing 67,940 33,818 Parks 199,987 17,105 Community Development Block Grant (151) 11,354 Fquipsent Outlay 113,369 8,537 25,178 Ruilding Capital Outlay 30,490 1,8J5 4unieipal State Aid Constrox-tion 62,888 15,661 G.O. State ,Aid ;,c"d Bond 4,063 44,0% Perranent Iaprovernent Revol4irr3 186,477 16,122 Soe,ia1 Assess 1966-1976 1,125,392 179,271 Special Asses% 1980 299,462 191,718 ?,746 Special Assess 1982 132,d56 92,089 Liquor Operating 27,699 446,392 dater Operating S.W2 102,86a Seger Operating 157,590 43-3,411 ,,olf :nurse Operating 18,981 85,474 PwIed Investment Trust Fund 4,175,663 _(4l17i,_,b" 336,071 invesGsents Sold­ Di st�u[ sewents $1,694,238 13,058 19,818 17,876 N,223 15,85tl 43,772 94,751 37d,467 i44,47H 81,507 44J,224 112,846 Y32,939 76,9i3 246,445 ',4,175,663 S .......... ........... 67,876 $1,420.374 .......... 674,282 ....... $17,631,165 ........... $3,008,3" .......... TOTALS LAq-t YEAR $4,042,167 $ ........ ........... 45,875 $3.975,297 .......... $61,335 ......■ $IS,703,751 „.so... $3,440,111 .......... Tr•nsters Invasts lash Lnvsstsvent Out Purctissad ea lantoe_ Rai arcs $ 3,153 S 51,745,571 S 59,161 29,1)9 106,174 (6,671) 94a 145,912 32, 295 A:,199 4, M 1,1148 -716 918,550 1-39,448 .42,618 34,358 (4,473) S, _: i 197,279 27, 542 - l7,225,754 {3,606,62i1 3,774,152 574,282 ;;7,225,754 S 85,262 $3,779,252 $61,335 ­._.. SiS,429,234 ............ $ 35,576 53,N7,645 ........... ..,........ Memo a85-01 page 1 of COUNCIL MEETING TO: City Council / FROM: Tom Kuehn, Financ•e Director Lorraine MCGowaii, Liquor store Manager CITY OF ORONO DATE: January 3, 1985 SUBJECT: Monthly Liquor Store Operating Report - November 1984 Attached is the monthly report for the November liquor store operations for 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 sales ;net of discounts) is di by the total customer count for the month to show an average sale per customer. To arrive at an estimated gcoss profit and net profit per month we have t-tken a five year average percentage for the fourth quarter of 1979 through 1983 and applied this to November of the current tluarter. The actual percentages are used for the prior two years. The attached monthly report ref le( -Ls 1983 as t'.ie high sales year overall. Net sales for November 1984 are down $2,252 (6.9%) from 1983, and clown $1,77.1 (5.5%) from 1982. Memo #85-01 page 2 of 2 MONTHLY LIQUOR STORE OPERATING REPORT 1982 1983 1984 NOVEMBER Liquor Sales $13,234 $13,568 $11,664 Sales Count 1,679 1,783 1,530 Avg Sale Price $ 7.88 $ 7.61 $ 7.63 Wine Sales $ 9,584 $ 8,720 $ 8,854 Sales Count 1,773 1,671 1,610 Avg Sale Price $ 5.40 S 5.22 $ 5.50 Beer Sales $ 9,34. $10,284 $ 9,790 Sales Count 2,167 2,265 2,121 Avg Sale Price $ 4.31 $ 4.54 $ 4.b2 Total Gross Sales $32,792 $33,258 $30,961. Total Customer Count- 3,839 3,535 Avg S 'e Per Customer $ 8.54 $ 8.50 $ 8.76 Net Sales $32,299 $32,776 $30,524 Gross Profit % .3023 .2995 .3077 Gross Profit $ 9,769 $_9,816 $ 9,392 Monthly Expense % .2402 .2439 .2199 Monthly Expense $ 7,75� $ 7,9c4 $ 6,712 Net Profit S 2,006 $ 1,822 $ 2,680 Nt=t. Profit % on Sales .0621 .0556 .0878 's' City Council Tom Kuehn, Finance Director January 9, 1985 Memo 485-03 page 1 of COUNCIL MtFTING CITY OF ORONO Su"JdCT: Status of 1984 'Pax and State Aid Collections TAX COLLECTIONS The following tabulation shows the actual collections on the General Fund tax levy collectible in 1984 compared to the total General Fund amount levied for the year and indicates the Percentage of the total levy collected to date. The tabulation also shows the comparable status of the previous four years collections at this point in time. The collections include real estate and personal property taxes, and fical disparities plus the homestead credit aids contributed by the State. r,F,vY YR. 1983 1.982 I981 1980 1979 COLL YR. 1984 1983 1982 1981 1980 GEN LEVY $1,021,426 $909,573 $818,91.1 $781,169 a70S ,663 COLL TO $ 951,i373 $854,772 $761,164 $746,542 $676,534 DATE COLL 93.11% 93.98€ 92.95% 95.57% 95.47% For collection year 1981 the col le-.tions to rite nave been adjusted to include $53,719 of November and December 1981 homestead credits and other aids which were receivable in December 1981 but were not received until February, 1982. For collection year 1982 the State of Minnesota remitted $24,419 less than the amount of homf-.stead credit aid that we should have received. This reduction was due to the financial problems being experienced by tho State at that time. The effect of the homestead credit reduction was to decrease the Iota1 tax collections by 2.98%. If _h#- total homestead credit had been received the year to date collections would be $785,583 and tht, percentage of collection would be 95.93%. The collections for 1983 were 93.98% which is approximately 1.7% less than the prior four years. We re, --eived sl ight I over 101% of the projected homestead credit and reduced assessment credit so tY t Aecrease in to to 1 collections was due to an increase in del iit ,, ies from individual taxpayers and not the result of State aka+ : .'.is, ,as in 1982. In February, 1984 we rec_e i ve(' tax0s col le"ted in Novcmbwr and De, -ember 1983. This am ($18,436) brings the total (�ol ls•cttons for 1981 to Sa73,20:. 96.00%. Menlo -085-03 page 2 of 3 The collections for 1984 are 93.11% compared to the prior four year average of 94.49%. This is a decrease of 1.38% from the average. We will receive the November and December 1984 collections in February, 1985. Those collections shoild increase the total for the 1984 year to about 96%. STATE AID The local government aid has been 100% cullec.ted except for 198 and 1982. A five year c.ompatison of State projected and actual collections i_� show in the following tabulation. Collection Year 1984 1983 1982 1981 1980 State Projected $151,640 $236,905 $236,905 $218,709 $213,346 Actual Collections $155,876 $236,905 $201,897 $218,690 $213,346 (-ver (Under) Collected $ 4,236 -0- $(34,908) $ .k181 -0- :'he shortfall for 1981 was insignificant, the shortfall for 1982 was equal to 14.36% of the amount projected, and the 1984 overage is 2.79% of the projection. Wi L a J.?NUARY 2. 19€3:5 TO: ORONO CITY COUNCIL FP01 A:HIFF MEL% IN K.:LWA Sul'JE_CT: POL_Ir.E. INTERN r*EPOFS-1 I 111 E: Pff F T rl' MF 1-111 95 COUNCIL MEETING J A N -# 19,9.<' CITY OF ORONO .t,v dvprnrtale `,as a i r om A Lonq Lake rezident for a prnl i+_ca intern p d,'rinq the rr•riod J,+r'tP t2. 1'4t-15 tO At_aLkSt 0' 1985. Mr. Mart- lhomton Nielson Avenur Ikez•. M1, {f7 Ho i :- pr r,se• ,t.1,v is t;i OL', prA icr reserve i..rA a student at Norrirr.-nd,-1 c Communit.v 1 u-qc- in Law Enforcement. 1;.2. is required a ;at SA ,: art of his stodi • F. tc., dr# an i ntcrn;shi p -+i th pol i ce agonc,, . He woul d l i ke to d•.) hi e. wi t h the Orono 1 01 Ice pepart tiont . rhi s r eq+_,Vst wlsul ri i n : al ti cz ntj nay t v Mr l h,omt ti:n and wcw0 d not create .t pr.."si t i on now cr a+t t hr "Ild o4 t hc• ,t crnshf p. �:rmii;•,it,(, `_. tt.:. i; !t , r+r, . -r•y .c: c t,+?liOe /G �I.ICIL MEETING TO: John Gerhardson, Public Works Coordinator FROM: Jack Brinkhaus, Street Foreman CiTY OF ORONO DATE: January 7, 1985 SUBJECT: Specifications --Equipment & Materials for 1985 As in previous years, I recommend Council approval of the specifications and documents for furnishing equipment and material for the year 1985. The City will advertise through the noi-mal process with bid opening on February 8, 1985, at 10:00 AM. Tabulation and recommendation of the low bidder will be submitted to the Council on February 25, 1985. SPECIFICATIONS AND DOCUMENTS FOR FURNISHING MATERIALS AND EQUIPMENT CITY OF ORONO, MINNESOTA 1985 OFFICIALS OF THE CITY OF ORONO Mayor . . . . . . . . . . . . . . . . . . . . Mary C. Butler Acting Mayor - Councilmembez. . . . . . . . . Tom Frahm Counci lmember . . . . . . . . . . . . . . . . . Tim Adams Counci lmember . . . . . . . . . . . . . . . . James Grabek Councilmember . . . . . . . . . . . . . . . . Lynn Adams INSTRUCTIONS TO BIDDERS: PROPOSAL FORMS: The bidder shall use the proposal forms attached to t ese specs Mcations. Bids shall be typewritten or written in ink. Corrections or erasures shall be initialed by the bidder. MARKING AND MAILING BIDS: bids must be securely sealed in suitable envelopes, addressed and marked on the outside: "Bid for furnishing Materials and Equipment to be opened on Friday, February 8th , 1985, at 10:00 A.M." Bids shall be addressed to the City Council, City of Orono, P.O. Box 66, Crystal Bay, Minnesota 55323. No bids will be accepted after the time stated above unless it is evident there was a delay in the mail. Bidders are welcome to present their bids in person and attend the bid opening. All bids, when received, shall become the property of the City of Orono. PLACE OF BID OPENIN;: The bids will be publicly opene-i and read at the above mention -ems t me at the City of Orono Council Chambers, 1275 South Brown Road, Crystal Bay, Minnesota. AWARD OR REJECTION OF BIDS: The work will be awarded to the lowest resnons1.3 e bi. ers complying with these specifications and instructions providing their bids are reasonable and it is to the interest of the City to accept them. The bidders, to whom the work is awarded, will be notified as soon as possible. However, the City reserves the right to hold all hids for thirty days prior to the award and reject any and all bids. DELIVERY TIME: The City will place orders as needed. In the event t aft tiie successful kidder is unable to fill the order in a reasonable time, the City reserves the right to place the order with another bidder who can perform on schedule. -1- AWARD OR REJECTIONS OF BIDS: When renting equipment, the City will be gui ed-Ey the rental charged by the different bidders for a particular type and size of equipment-. In the event the low bidder"s equipment is not available when needed, the City may elect to order the work with the next low bidder. The contractor and all subcontractors shall conform to the requirements of the Federal Department of Labor and Industry Office of Safety and Health Act. TECHNICAL SPECIFICATIONS: STREET C09TTRUffION & MAINTENANCE MATERIALS DEFINITION: The purpose of these specifications is to take competitive bids or —the furnishing and hauling of street construction and maintenance materials to and for the City of Orono. Furnished materials are to be bid at the source, and delivered materials are to be placed in the City where indicated by qualified representatives of the City. No estimate of quantities is available and the City does not guarantee to purchase any minimum quantity. MINNESOTA DEPARTMENT OF TRANSPORTATION SPECIFICATIONS: References to MnDot shall indirate the standard specification for highway construction by the Minnesota Department of Transportation dated ,January 1, 1919. AGGREGATE SPECIFICATIONS: Class 5 gravel base and class 5 recycled blacktop Gravel base shall meet MnDot specifications 3138. METHOD OF PAYMENT: Payment shall be made by one of the following methods (1) Price per ton loaded into City trucks by contractor at his pit. (2) Price of material per ton delivered to Orono in contractor's trucks. BITUMINOUS PLANT MIX: Bituminous plant mix shall conform to MnDot Specification 7lI1 w-1th BA-2 aggregate or MnDot specification 2341 with BA-1 aggregate. METHOD OF PAYMENT: Payment shall be made at the bid price per ton at the p— a�dv el � ereTto the site of the works, or placed on the street with contractor's paver, rollers, trucks and crew. (work and equipment shall conform to MnDot Specifications 2331.) No extra payment shall be paid 'or bitumen in the mix. BITUMINOUS MATERIALS: MC 30, 70, 250, 800--RC 250, 800 and CRS-1, CRS-2biE—umnousmaterials shall conform to the requirements of MnDot specifications 3151. METHOD OF PAYMENT: Payment shall be made on the price per gallon of materTaTat—K0—o-V—., delivered to the site or delivered and placed on the road with a proper distributor. ASPHALT MATERIALS: The contractor shall submit a bid price on the proposal wwcch—shall be based upon a certified refinery dock price of bitumen plus installation for the bid date. Any increase or decrease in the dock price for bitumen based upon the delivery date will be added to or deducted from the bid item. The refinery used for bidding should be identified. CORREGATED METAL CULVERTS: Corrugated metal culverts shall meet the requirements of MnDot Specification 3226 and shall be rivited. Spiral culverts are not acceptable. METHOD OF PAYMENT: Payment shall be made on the bid price per lineal foot of culvert delivered in each size specified. ROTE: Any bid item requiring materials to be delivered to the City of Orono in contractor's trucks shall he taken to mean at any point on a public street within the City of Orono as directed by the Director of Public Works. ,TECHNICAL SPECIFICATIONS FOR EQUIPMFNT RENTAL DEFINITION: The purpose of these specifications is to take competitive bids for the rental of construction equipment by the City of Orono. The successful bidder must furnish experienced operators, all necessary fuel, oil, grease, maintenance and repairs and transportation to the site designated by the City. The equipment must be in good operating condition. No estimate of the number of hours rental for each piece of equipment is available. The City does not guarantee any minimum of hours other than a minimum of four hours for any separate call. INDEMNITY: The contractor shall indemnify and save harmless the City and the Engineer from and against all losses and all claims, demands, payments, suits, actions, recoveries and judgements of every nature and description brought or recovered against him by reason of any actor omission of the said contractor, his agents or employees, in the execution of the work or in the guarding of it. The contractor shall maintain and pay for such insurance as will protect the City and the Engineer from liability under this contract. If requeste•i, the contractor shall file a certificate of Insurance with the City. The insurance shall be in the following minimum amounts: Contractor's Public Liability Insurar.c-- ;lio,!00 - $311,100 Property Damage Insurancc S191 ,111 WORKMAN'S COMPENSATION: The successful Y' ; are to he considered as ndepen(Icnt c^.ntractors and not employee,> >t the City by virtue of this contract. The contractor will be required to prove to the satisfaction of. the City that he pays wDrkman's compensation on any employees engaged in this contract. EQUIPMENT INSPECTION: The bidder shall provide access to representatives o7 the City for the purpose of inspecting the equipment prior t,-) the award and during the term of the contract. TERMINATION OF CONTRACT: It is the intention of these specifications to contract for services until December 31, 1985 or until such later date as may be mutually agreed upon. However, if the contractor fails to perform the work when ordered, or i f. the work is unsatisfactory, the City may place the work order with another bidder. On jobs where more than one piece of equipment is to be rented, the City reserves the rightto rent all the equipment from one bidder in which case the combined rental rates will determine the successful contractor. METHOD OF PAYMENT: Payment shall be made at the bid price per hour of rental. The contractor shall not be paid for time on the job when his equipment is not operating. Moving time to and from the site is considered as incidental to the work and no additional payment will be made for moving. If it is necessary to move the equipment -curing the rental period, it will be paid for at the same hourly rental rate. Equipment will be rented for a minimum of four (4) hours at one time. BID SCHEDULE F014 FURNISHING MATERIALS AND EQUIPMENT Date: To the City of Orono, Minnesota: The undersigned, as bidder, has examined the specifications and instructions, and proposes to furnish and, where noted, deliver the following materials and equipment to the City of Orono at the following prices. ;It is agreed that the prices as stated below shall remain in effect_ until December 11, 1985 or until such a later date as may be mutually agreed upon by the City and the bidder. The bidder must fill in the unit prices in figures. For complete information regar-ling these items, see the specifications. ITEM NO.1 - PIT RUN GRAVEL Picked up at pit with city trucks, loaded with contractor's equipment. at /Ton Delivered to Orono C t� y in contractor's trucks at /Ton ITEM NO.2 - MnDOT CLASS 4 GRAVEL Picked up at pit with city trucks, loaded with contractor's equipment. at _ _ /Ton. De�ivereo to Orono City in contractor's trucks at /Ton. ITEM NO. 3 - MnDOT CLASS 5 GRAVEL BASE Picked up at pit with city trucks, loaded with contractor's equipment at _ _ /Ton De verecto Orono CEty fn contractor's trucks at /Ton ITEM NO. 4 - MnDOT FA-2 CLASS C (SEAL COAT) Picked up at pit with city trucks, loaded with contractor's equipment. at /Ton e' Del ivercT-t-o_ Orono_ CrEy_ rn_ contractor's trucks. at /Ton ITEM NO. 5 - MnDOT FA-3 CLASS C (SEAL COAT) Picked up at pit with city trucks, loaded with contractor's equipment. at _ _ /Ton DeTTvere-& Eo _ Orono City En contrac`tor's trucks at /Ton ITEM NO. 0, - MnDOT FA-4 (RED ROCK) Picked up at pit with city trucks, loaded with contractor's equipment at /Ton Delivered to Orono City —in _contractorIs trucks at /Ton ITEM NO. 7 - MnDOT FA-1 (WINTER SAND) Picked up at pit with city trucks, loaded with contractor's equipment. at /Ton _ _ _ _ Del Tvere7"to Orono City in contractor's trucks at /Ton ITEM NO. 9 - (BINDER ROCK 1/2 TO 1 1/2) Picked up at pit with city trucks, loaded with contractor's equipment at _ _ _ /Ton Del�vere� to Orono City in contractor's trucks at /Ton ITEM NO. 9-A (CRUSHED LIMESTONE) Picked up at Pit: 1 1/4" at Ton 3/4" at Ton 3/4" MINUS at Ton Delivered to Orono City: at /Ton at /Ton at Ton ITEM NO. 9 - MnDOT MC 31, 70, 251, 800. Picked up at plant in city trucks at /Ga l l ors Delilive.ed and placed'on city streets with contractor's distributor at /Gallon ITEM 9-A MnDOT CRS-1 CRS-2 Picked up at plant in city trucks at /Callon Delivered and placed on-cTty streets with contractor's distributor at /Gallon ITEM NO. 11 - MnDOT RC 250, Ad(1 Picked up at plant in city trucks at _ _ /Gallon Delivereci and ced plaon city streets with contractor's distributor at /Gallon ITEM NO. 11 - MnDOT 2311 AC PLANT MIX Picked up at plant in city trucks at _ /'fon Del�vere�_ to Orono City ir. contractor's trucks at /Ton Placed�on City streets wit contractor's paver, roller, trucks and crew at /Ton ITEM NO. 11-A - MnDOT 2131 MC PLANT MIX Picked up at plant in city trucks at _ /Ton �v DeTerecT_ to Orono City_--irn contractor's trucks at /Ton PlW;-Z'e7on city streets with contractors paver, roller, trucks and crew at /Ton ITEM NO. 12 - MnDOT 2341 AC PLANT MIX Picked up at plant in city trucks at _ _ /Ton Delivered to Orono City'in contractor's trucks at _ /Ton P1ar.ecT on "city streets with contractor's paver, roller, trucks and crew at /Ton ITEM NO. 12-A - MnDOT 2341 MC PLANT MIX Picked up at plant in city trucks At _ /Ton ve Delire4 to Orono City in contractor's trucks at /Ton Pl�ce(T on city stCeeCs wTih contractor's paver, roller, trucks, and crew et /Ton _Refinery used for determining bid prices in temp-�1 t�Firu �ff�: �� ITEM NO. 13 - RIVITED CORRUGATED METAL CULVERTS (Delivered) 12" at /lineal foot - 15 GA. 15" at /lineal foot - 11) GA. 18" at /lineal foot - 1ri GA. 24" at /lineal foot - 14 GA. 24" at /lineal foot - 16 G.A. Iri" at /lineal foot - 14 GA. 4 8 " at /lineal foot - 12 GA. ;1" at /lineal foot - II GA. ITEM NO. 13-A - CONNECTING BANDS AND APRONS FOR RIVITED CORRUGATED METAL CULVERTS (Delivered) 12" Band each 12" 15" Band each 18" Band each 18" Apron each 24" Band each 24" Apron___—____ ____ __`each 36" Band each I$;" Apron each 48" Band each 49" Apron ._______________each 90" Band each 60" Apron each ITEM NO. 14 - CLEANING SANITARY SEWERS WITH RODDING MACHINE Specify all required equipment, vehicles and trained personnel: ITEM NO. 15 - CLEANING SANITARY SEWERS WITH BUCKETING MACHINE Specify all required equipment, vehicles and trained personnel: at /HOI.r LTEM NO. 15 - INSPECTION OF .SANITARY SEWERS WITH T.V. EQUIPMENT Specify all required equipment, vehicles and trained personnel: at /Hour ITEM NO. 17 - CLEANING SANITARY SEWERS WITH HIGH PRESSURE WATER JET Specify all required equipment, vehicles and trained personnel: at /Hour ITEM NO. 19 - BULLDOZER RENTAL Mfg. Model Year HP at /Hour Mfg - --_-_-Model -----_ -Year -HP at /Hour ITEM NO. 19 - CAT AND SCRAPER RENTAL Mfg. /Model Year Struck capacity of scraper c.y. at /Hour Mfg. /Model Year Struck capacity of scraper c.y. at /Hour ITEM NO. 2n - TRICK RENTAL Ift HP Mfg. /Model Year HP Cap c.y. at /Hour Mfg. /Model Yea[ HP Cap c.y. at /Hour Mfg. /Model Year HP Cap-------c.y. at -------------/Hour ITEM NO. 21 - BACKHOE RENTAL Mfg. /Model Year HP Cap Y. at /Hour Mfg. /Model Year HP Cap c . y . at /Hour ITEM NO. 22 - DRAGLINE RENTAL Mfg. Model Cap c.y. at ITEM NO. 23 - TRAXCAVATOR RENTAL Mfg. Model Cap c . y . at Year /Hour Year /Hour HP HP ITEM NO. 24 - MOTOR GRADER Mfg. ------Model-----Yenr HP Cap-- _-------c.Y. at .----- /Hour ITEM NO. 25 - TRUCK AND LOWBOY (Capable of moving 15-ton equipment) at /Hour ITEM NO. 26 - MOTOR GRADER WITH SNOW WING Mfg. -----Model --`---Year HP at /Hour ITEM NO. 27 - 3/4 TON PICKUP TRUCK WITH BFT. ONE WAY SNOWPLOW at /Hour ITEM NO. 28 - WHEEL LOADER/TRACTOR WITH ONE CU. YD. BUCKET Mfg.--- ----.--------Mode l---------Year -_HP - at /Hour ITEM NO. 2g-A - WHEEL LOADER WITH TWO CU. YD. BUCKET Mfg .----------------Model---------Year_— HP at /Hour 1. The undersigned agress that this bid cannot be withdrawn within thirty days after the scheduled time for the receipt of bids. 2. That it is understood that the City of Orono may accept or reject any or all bids. Signature of Bidder (if an individual or partnecsh�pj�- _ "�- Title Company Name Address *Telephone Number Names and Addresses of firm members: Signature of Bidder Title Corporation Name Business Address Incorporated under the laws of the State of President SecretAry (n`ame & ad r`ess) Treasurer (name & am rdressj — *Companies submitting a bid for equipment rental with operator must submit an emergency (24 hour) telephone number. 1985 MATERIALS & EQUIPMENT BIDDERS ALLIED BLACKTOP CO. 10503-89th Avenue North Maple Grove, MN 55369 Phone 425-0575 BARTON CONSTRUCTION 10633-89TH Avenue North Osseo, MN 55369 Phone 425-4191 BRYAN ROCK PRODUCTS Shakopee, MN 55379 Phone 445-1997 BUESING BROS. TRUCKING INC. 2285 Daniel Street Long Lake, MN 55356 Phone 473-1296 BURY & CARLSON INC. 6008 Wayzata Blvd. Minneapolis, MN 55416 Phone 545-1496 COMMERCIAL ASPHALT 10633-89th Avenue North Osseo, MN 55369 Phone 424-5400 H.V. JOHNSTON P.O. Box 6 Circle Pines, MN 55014 Phone 780-1760 MIDWEST ASPHALT P.O. Box 338 Hopkins, MN 55343 Phone 937-8033 WILI,IAM MUELLER & SON INC. Hamberg, MN 55339 Phone 448-4175 NORTHERN CULVERT-ST. REGIS P.O. Box 99 Shakopee, MN 55379 Phone 445-5151 JOHN M. SCHOENING Route 1, Box 124-A Maple Plain, MN 55359 Phone 479-3216 VIKING STEF1, PRODUCTS, INC. P.O. Box 172 Shakopee, MN 55379 Phone 445-1458 VOLKENANT & SONS Route 2, Box 159-B Maple Plain, MN 55359 COUNCIL MEETING 7 TO: City Council FROM: Joan Lattin, Assistant Finance Director DATE: January 3, 1985 suBJECT: Golf Course Revenues and Expenditures JaN -/! , i9fr CITY OF ORONO The following is a recap of revenues, expenditures and ticket prices for the years 1980 thru 1984: 1980 1981 1982 1983 Revenues $57,042.94 $68,527.43 $79,098.26 $78,316.56 Expenditures 59,678.88 61,396.28 68,323.40 71,563.56 Net Income (2,635.94) 7,131.15 10,774.86 6,753.00 (Loss) TICKETS 1984 $80,306.62 71,693.91 8,612.71 1 1 1 1 1980 1981 Increase 1962 increa! Increase 1964 increase 1st Round Tkt $ 3.75 S 4.30 15% S 4.50 5% 5.51 S 5.99 5.2% 2nd Round Tkt 2.25 2.55 13% 2.75 81 Y 1.8% 2.60 Son Citizen 2.75 2.89 1.5% 3.00 71 3.05 1.61 3.25 6.21 13 Round 35.00 40.25 151 42.50 61 42.50 45.99 5.8% Week Day Rate 3.75 4.90 6.6% League Rate 4.25 The net income increased $1,859.71 from 1983 and the expenditures increased $130.41. 1984 was the first year we offered a league rate and also the first full season we offered our week -day rate. This promotion netted the course 642 additional rounds of golf in 1984. We are hopeful that this will attract more league play in 1965. I COUNCIL MEETING J A N -/f,( W-r TO: City Council CITY OF ORONO FROM: Joan Lattin, Office Coordinator DATE: January 11, 1985 SUBJECT: Comparable Worth Study Resolution Attached is a copy of the Comparable Worth Study Resolution. This resolution authorizes the City of Orono to participate in the comparable worth study being conducted by Control Data Business Advisors Inc. The cost to the City of Orono is as follows: Base fee $3,000.00 41 employees x $35.00 per person 1,435.00 search and screening of consultant 200.00 $4,635.00 I have estimated the cost to be between $4,000 to $5,000 in my memo of December 5, 1984. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. RESOLUTION AUTHORIZING PARTICIPATION IN THE, CONTROL DATA BUSINESS ADVISORS, INC. JOINT' COMPARABLE WOR'P(i STUDY WHEREAS Minnesota Statutes 471.991 enacted in 1934 requires all political subdivisions in the State to establish equitable compensation relationships amon,7 its employees; and WHEREAS the Metropolitan Area Management Association, the Coalition of outstate Cities, the Minnesota Municipal Utilities Association and other related public_ jurisdictions desire to meet- the requirements of the law through a joint job evaluation study; and WHEREAS the Metropolitan Area Management Association in consultation with r::!presentatives of outstate cities and after meeting and confering with representatives of organized labor screened and selected Control Data 9usines Advisors, Inc. as the consultant to perform the study; and WHEREAS the cost of the study is to be divided among the participating jurisdictions in the following manner: Each entity will pay a base charge of Three Thousand Dollars ($3,000.00) an9 a charge per employee of Thirty-five Dollars ($35.00) per person. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Orono that it hereby approves participation of the City in the Joint Comparable Worth Study to be conducted by Control Data Business Advisors, Inc. BE IT FURTHER RESOLVED that the sum of $4,635 based on the above specified formula be transmitted to the City of Golden Valley, Minnesota which city has offered to serve as the fiscal agent and contr,i(.tor for th.• duration of the study. Dated this 14tn day of January. 1985. Mary �: Autrei, Mayor ATTEST: Dorot-1iy M. Haffin, JCiiy (flerT TO: City Council FROM: Joan Lattin, Assistant Finance Director DATE: December 5, 1984 SUBJECT: Comparable Worth Study The Minnesota Legislature passed a local government pay equity law earlier this year. The new law requires each local government to develop a pay equity plan (comparable worth) and to submit the plan to the Department of Employee Relations by October 1, 1985. The Metro Area Management Assn. formed a group of city managers to interview three consultants that could provide a comparable worth study for the local governments. C.U.C. has been retained as consultants. We are looking at a cost to Orono of appruximately $4,000 to $5,000. There are several features that C.D.C. is offering that will assist the r_ities in +-h:s study - an evaluation report ranking their specific employees based on a comparable worth study, a benchmark study which would provide evaluations throughout the metro area and should a city create a new position they will re-evaluate that for a cost of $5 to $7. I have attached a copy of the memo from M.A.M.A. regarding the comparable worth study and Chief Kilbo's memo. /I? COUNCIL MEETING To: Orono Council Members JAN 7d From: John R. Gerhardson, Public Works Coordinato CITY OF ORONO Date: January 9, 1985 Subject: Revised Agreement Wright Hennepin Cooperative Electric In 1979, the City of Orono entered into an agreement with Wright Hennepin Coop Electric for the installation and service of street lighting in the areas of Orono that are serviced by Wright Hennepin Coop Electric Association. Wright Hennepin has submitted a revised agreement for our review and Council approval. City Attorney, Tom Radio and I have reviewed the agreement and have determined that the only changes in the agreement are for, a rate increase in electricity, ornamental lighting, and repairs to street lights in the event that there is vandalism. Therefore, it is our recommendation to approve the agreement with Wright Hennepin Cooperative. At the present time, there is one street light in Orono that has been installed and serviced by Wright Hennepin, that being at the intersection of McCully Road and 3ayside Road. PRESIDENT E Thies Hamel, Mn VICE-PRESIDENT D Paumen Maple Lake, Mn SECRETARY•TREASURER E S Knickerbocker Annandale. Mn DIRECTORS B Gustafson Buffalo. Mn M Hickman Buffalo, Mn Otis Brose Howard Lake, Mn. P Hamilton Maple Plain. Mn. Kermit Dietrich Maple Plain, Mn. A Heinz Rogers. Mn GENERAL MANAGER David P Larson Buffalo, Mn Hamel Oft'fce (612) 478-6006 Uitoopwative Electric Association Wright -Hernepin Maple Lake, Minnesota 55358 • 612.963-3131 November 15, 1984 Walter Benson City Administrator City of Orono Box 66 Crystal Bay, MN 55323 M-) r— 1910 Subject: Street Light Contacts - Revised Dear Mr. Benson: We are herewith enclosing, in duplicate, revised Street Lighting Contracts for your City. In an effort to eliminate some additional administrative work, and clear up language in the present agreement, these revised contracts will now combine both conventional luninaires and ornamental luminaires (previously called Ornamental Street Lighting Contract). The general terms and conditions will remain nearly the same as present agreements unless a special addendum is attached to the contract. Written requests will be necessary for any additional street lighting, and proposed locations will be submitted to you prior to installation. After activation, you will be notified in written form by our office. An annual list of energized street lights in your City will be sent to you and be made part of the contract. If you agree with the terms and conditions of the enclosed contracts, please have City officials sign and return to our office for the Cooperative's signatures. One, fully executed contract will be sent for your records. Meanwhile, if you have any questions, please feel free to call me. Sincerely, Neil D. McMillin Economic Development Manager NDM/mjr STREET LIGHTING CONTRACT THIS CONTRACT, dated November 1, 1984 between Wright -Hennepin Cooperative Electric Association, a Minnesota Corporation hereinafter called "Cooperative", and City of Orono hereinafter called "Customer". WITNESSETH:: That the parties hereto, each in consideration of the agreement of the other, agree as follows: 1. KIND OF SERVICE: The Cooperative agrees to supply the Customer with 1-1 umination or service as designated in the Rate Schedule(s) attached hereto and made a part of this Contract from facilities located as shown on Exhibit(s) attached. 2. CHANGES AND ADDITIONS: When requested by the Customer and pursuant to the additional conditions attached hereto, the Cooperative will provide additional street lights. When there is a major change in the number, size or type of light source, or at least once each calendar year when there have been changes in service, the Cooperative will prepare revised or new exhibits. Such revised or new exhibits shall be considered incorporated herein when the parties have caused said exhibits to be executed. In the event additional sizes or types of street lights are availatle from the Cooperative and desired by the Customer, the applicable Rated Schedule shall be expanded to include these additional lights and their respective rates. This section shall not pply for Customer -owned street lighting. 3. TERMS: This Contract shall be in force for a period of five 5) years commencing on November 1, 1984 and shall continue in force Thereafter for periods of five (5) years unless terminated by written notice of cancellation given by either party to the other not less than 30 days prior to the expiration of any of said five (5) year periods provided that in no event shall this contract be extended beyond the period for which the Customer may legally bind itself. 4. PAYMENT OF BILLS: All bills are payable at the Cooperatives office on or before the 30th day succeeding the date the bill is rendered. 3. ADDITIONAL CONDITIONS: The Customer agrees to accept and pay for such service in accordance with the rates, rules and regulations of the Cooperative in effect from time to time for the class of service. Rates presently in effect for services hereunder shall be supplied for the Customer's use subject to agreements contained herein and in the "Additional Conditions" attached hereto and made a part of this Contract. 6. TERMINATION OF PRIOR CONTRACTS: It is agreed that on the effective date hereof, this Contract terminates all prior contracts covering lighting service furnished hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be duly executed. In the presence of: Witness as to Cooperative) Wright -Hennepin Cooperative Electric Association Maple Lake, Minnesota By: Donald Paumen, President By: E. S. Knickerbocker, Sec -Ty. (Customer) City of Orono (Witness as to Customer By: By: ADDITIONAL CONDITIONS 1. If bills are not paid when and as provided, the Cooperative shall have the right to cease furnishing street lighting service and the Customer's liability shall not be avoided nor any right of the Cooperative waived by said acts of the Customer and the Compr.ny. 2. In the event the Cooperative is prevented from performing the contract wholly or in part by reason of any cause not reasonably within its control including fire, explosion, flood, strike or unavoidable accident, Federal or State or Municipal interference, the Cooperative will (except in the event of a practically total destruction of its property or a practically total suspension of its business) proceed with all reasonable diligence to put itself and its works in condition to resume and continue the supply of electric energy and the performance of the contract. During the existence of such interruption or cessation, the Cooperative will furnish as much electric energy and other service called for by the contract as it is able to furnish, pro-rata, with the rightful requirements of its own uses and the uses of other customers. In the event of the total or partial interruptions of service by reason of any cause not within the control of the Cooperative, including the above mentioned causes, it is understood that the Cooperative s'ia11 net be liable for damages caused by such interruption of service except to the extent of a pro-rata reduction in the charge for streeL lighting set -vice. 3. It is understood that all poles, wires, fixtures, apparatus and other material as may be used by the Cooperative in carrying out the contract shall be and remain the property of the Cooperative and that the Cooperative small have the right to install the same on public streets and alleys of the Customer and to removed the same upon expiration of the contract. 4. The Customer grants the Cooperative during the term hereof, authority to cut or trim all trees and shrubs i.n streets and alleys of the Customer that interfere with the proper erection and maintenance of said poles, wires, fixtures, apparatus and other material. 5. The rates specified in the contract are the Cooperative's rates in effect on the date thereof in communities which are similarly served and situated. If, during a contract term, the Cooperative reduces such rates, the Cooperative agrees to notify the Customer and the Customer may obtain service at the reduced rates by signing a new contract incorporating such reduced rates. If, during a contract term, the Cooperative increases such rats, the Cooperative reserves the right on at least 3u days prior written notice to the Customer to make such increased rates effective on service furnished; however, the Customer may, by prior written notice to the Cooperative, terminate the contract at the effective date of the increased rates. 6. The Cooperative will install such additional st-eet lights as may be requested in writ�ag and duly authorized by the Customer from time to time during the continuance of the contract, if in the judgment of the Cooperative, the revenue to be derived therefrom will justify the expenditure. This section shall not apply for Customer -owned street lighting. 7. The location of street lignts and related facilities may be changed at any time the Customer desires by payment to the Cooperative of the cost incurred in making such change. This section shall not apply for Customer -owned street lighting. 8. The Cooperative's obligations to make new streek-. lighting installations and to provide illumination shall be contingent on the Cooperative having the necessary permits and right-of-way across private property without cost to the Cooperative. 9. Normal relamping and maintenance will be performed by the Cooperative, and costs shall be borne by the Cooperative. Where abnormal vandalism occurs to Cooperative owned luminaires, poles and equipment, charges for repair and/or replacement may be assessed to the Customer as deemed necessary by the Cooperative. Revised 10/84 WRIGHT-HENNEPIN COOPERATIVE ELECTRIC ASSOCIATION STREET LIGHTING (ST) AVAILABILITY Available to any commercial, residential, or governmental concern for thoroughfare and parking lot lighting. All luminaires owned, installed, and maintained by the Cooperative shall be subject to terms and conditions stated in the Street Lighting Contract. An "aid to construction" may be required where the Cooperative investment would exceed usual service extension costs. All luminaires installed by the members shall be maintained by the consumer with service continuity provided by the Cooperative at the required primary or secondary voltage. A. COOPERATIVE OWNED MERCURY VAPOR LAMPS Monthly Rate Billing Wattage Per Lames _ I.D. Code 175 S 8.35 Al 250 S12.50 A2 400 $15.55 A3 H. P. SODIUM LAMPS Monthly Rate Billing Wattage Per Lamp I.D. Code 100 S 6.85 S1 150 S 8.40 S2 200 S13.65 S3 250 S16.05 S4 B. CUSTOMER OWNED MERCURY VAPOR LAMPS Monthly Rate Billing Wattage Per Lames_ I.D. Code 175 S 5.80 M1 250 S 9.75 M2 400 $12.15 M3 ORNAMENTAL MERCURY VAPOR LAMPS Monthly Rate Billing Wattage Per Lamp I.D. Code 175 $11.75 01 ORNAMENTAL H. P. SODIUM LAMPS Monthly Rate Billing Wattat Per Lamp I.D. Code 100 $11.75 04 ORNAMENTAL MERCURY VAPOR LAMPS Monthly Rate Billing �4at Per Lamp I.D. Code 100 S 3.55 02 WRIGHT-HENNEPIN COOPERATIVE ELECTRIC ASSOCIATION STREET LIGHTING (ST) (Continued) B. CUSTOMER OWNED (continued) H. P. SODIUM LAMPS Monthly Rate Billing Wattage Per LampI.D. Code 70 S 2.60 C1 100 S 3.40 C2 150 S 5.00 C3 200 S 8.50 C4 250 $10.95 C5 400 $13.05 C6 1,000 $26.55 C7 FLUORESCENT LAMPS Monthly Rate Billing Type Per Lamp I.D. Code 1F72T12/CW/H0 S 3.50 F2 2F72T12/CW/HO S 4.60 F1 POWER COST ADJUSTMENT METAL HALIDE LAMPS Monthly Rate Billing Wattage Per Lamp I.D. Code 1,000 $26.55 M5 Changes in wholesale power rates will normally be passed on to the member through revised electric energy rate schedules. However, the Board of Direc- tors may authorize the following power cost adjustment method instead of revised rate schedules: The Street Lighting Rate shall be increased or decreased by 0.1 mill for each 0.1 mill by which Wright -Hennepin Cooperative Electric Association's total average cost of purchased power per kilowatthour sold is above or below 65.60 mills per kilowatthour. EFFECTIVE DATE This rate becomes effective April 1, 1983 and supersedes the Street Lighting Rate dated October 1, 1980. I., E.S. Knickerbocker, Secreta►y of the Wright -Hennepin Cooperative Electric Association, do hereby ce,tify that the above is a true and correct copy of the Street Lighting Rate, as accepted by the Board of Directors' at their meeting held on the lst day of March, 1983, at which meeting a quorum was present. E.S. Knickerbocker, �ecretary- ,STIZUT I IGNTING CONTRACT THIS CONTRACT, dated DECEMBER 17 _ 19 79 , between Wright -Hennepin Cooperative Electric Association, a h•tinnesota Corporation, hereinafter called "Company", and the CITY of ORONO MINNESOTA , hereinafter called "Customer: WITNESSETH: That the parties hereto, each in consideration of the egree - meets of the other, agree as follows: 1 . KIND OF SERVICE: Company agrees to supply Customer w iin- ation or service as designated in the Rate Schedule (s)__ attached hereto and made a part of this contract from facilities located as shown on Exhibit (s) N.A. attached. 2. CHANCES AND ADDITIONS: When requested by Customer and pursuant to the additional conditions attached hereto, Company will provide additional street lights. When there is a major change in the number, size, or type of light source, or at least once each calendar year, when there have been changes in service, Company will prepare re- vised or new exhibits. Such revised or new exhibits shall be consid- ered incorporated herein when the parties have caused said exhibits to be exccutcd. In the t -it additional sizes or types of street lights are available from Comp, and desired by Customer the applicable Rate Schedule shall be expanded to include these additional lights and their respective rater. This sect'on s',all not apply for Customer owned street lighting. 3. TERMS: This contract shall be in force for a period of 5 years, commencing on JANUARY 1 _ , 19 81) , and shall continue in force thereafter for periods of 5 years unless terminated by written notice of cancellation given by either party to the other not less than 30 days prior to the expiration of any of said 5 year periods, provided that in no event shall this Contract be extended beyond the period for which Customer may legally bind itself. 4. PAYMENT OF BILLS: All bills are payable at Company's office on or before the thirtieth day succeeding the date bill is rendered. 5. ADDITIONAL CONDITIONS: The Customer agrees to accept and pay for such service in accordance with the rates, rules, and regulations of f. T L l L. 1 1 the Company in effect from time to time for the c Iris of service. Rates presently in effect for services hereunder are shown in the attached rate schedules. Service hereunder shall be supplied for Customer's use subject to agreements contained herein and in the "Additional Conditions" attached hereto and made a part of this contract. 6. TERMINATION OF PRIOR CONTRACTS: It is agreed that, on the effective date hereof, this Contract terminates all prior contracts covering lighting service furnished hereunder. IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed. In presence of: (Witness as to Company) (Witness as to Customer) (Company) Wright -1lennepin Cooperative Electric Association Maple Lake, Minnesota By (Managcr)- (Custom CITY OF ORONO A i�q r City dministrator By -2- 1 . If bills vrc not µ►id %vh-:n and as provided, Company shall all hive the right to cease furaishing street lighu,►g sem ice and Cu :torn(.!r':s liability shall not be avoided nor any right of Company vraivcd by said acts of Customer and Company. Z. In the event Coi--ipany is prevented from performing the contract, wholly or in part by reason of any cause not reasonably within its control, i;►uluding fire, explosicn, flood, strike, or unavoidable accident, federal State or Municipal interference, Company will (except in the event of a practically total destruction of its prop- erty or a practically total suspension of its business) proceed with r-11 reasonable diligence to put itself and its works in condition to resume and continue the supply of electric energy and the performance of the contract. During the existence of such interruption or cessation, Company will furnish as much electric energy, and other service called for by the contract as it is able to furnish, pro-rata, with the rightful requirements of its own uses and the uses of other customers. - In the event of the total or partial interruption of service by reason of any cause not within the control of Company, including the above mentioned causes, it is understood that Company shall not be liable for damages caused by such interruption of service:, except to the extent of a pro-rata reduction in the charge for streot lighting service. 3. It is und: rstood that all poky, ��ires, fixtures, ;jpparatus and other material as r.wy be used by Company in carrying out the contract shall be t►nd reina in the property of Company and that Company shall hove the right tc ::;s.'all the same on publ:c streets and alleys of Customer andl to remove the same upon expiratic,n of the contract. 4. Customer grant!, to Company during the term hereof, authority to cut or trim all trees and shrubs in streets and alleys of Customer that interfere with the proper erection and maintenance of said poles, wires, fixtures, apparatus , and other material. S. The rates specified in the contract are Company's rates in ef:ect on the date thereof in communities which are similarly served and situated. If, during a contract term, -Company reduces such rates„ Company agrees to notify Customer and Customer may obtain service at the reduced rates by signing a new contract incorporating such reduced rates. If, during a contract term, Compam 'ncreases such rates, Corni-any reserics the right, on at least ? prior %`lrltten notice to Ctmtnm^r, to male such increased rate, ve on service furnished; ho,vcvcr, Customer mi►y, by prior writtr:,, ,,,,cicc to Cornpany, terminate tho co -►tract rat Ow effec! ivc date of the increased rates. -3- 6. Company will install such additional overhead street lights as may be requested in writing and duly authorized by Customer from time to time during the continuance of the contract, if in the Judgement of the Company the revenue to be derived therefrom will justify the expenditure. This section shall not apply for Customer owned street lighting. 7. The location of overhead street lights, and related facilities, may be changed at any time Customer desires by payment to Company of the cost incurred in making such change. This section shall not apply for Customer owned street lighting. 8. Company's obligations to make new overhead street lighting installations and to provide illumination shall be contingent on Company having the necessary permits and right-of-way across private property without cost to Company. 9. Customer to pay the sum of 0 before construction. ENGINEERING DEPARTMENT Wright -Uennepin Electric Maple Lake, Minnesota -4- WRIGHT-11ENNEP1N COOPEMTIVE CIXCTR1C ASSOCIATION S'1' irg LIGHTING (ST) A. COOPERATIVE OIVN EU MERCURY VAPOR LAMPS Watta(]r:• Annual Rate Ccr Damp 175 $ C3.00 250 $ b4.00 400 $120.00 B. CUSTOMEP OWNED ORNAMENTAL MERCURY VAPOR LAMPS Wattage Annual Rate Per Lamp 175 $114.00 MERCURY VAPOR LAMPS FLUORESCENT LAMPS Wattage Annual Rate Per Lamp No, of Lamps Type Annual Rats., Per Lam1 175 38.40 1 F72T12/CW/H0 $28.20 250 55.20 2 F72T12/CW/HO $43.00 400 85.20 709 150.00 1000 195.00 O.';.NAMENTAL MERCURY VAPOP LAMPS Wattage Annual Rate Per Lamp 100 $24.00 This rate becomes effective July 1, 1978 and supersedes the Street Lighting Rate dated May 15, 1976. I, E. S. Kni&erbocker, Secretary of the Wright -Hennepin Cooperative Electric Association, do hereby certify that the above is a true and correct copy of the rate as it appears In the minutes of the meetiny of the Board of Directors o: the Coo. ative held on the 25th day of April, 1978, at which meeting a quorum was present. E. S. Knickerbocker, Secretary DEPARTMENT OF TRANSPORTATION F T 320 Washington Av. South Hopkins, Minnesota 55343 HENNEPIN Ll Ll 935-3381 TTY 935-6433 M E M O R A N D U M DATE: 7 January 1985 TO: Those Listed FROM: Herbert ossner, Directo epartment SUBJECT: Personnel Changes ,OUNCIL MEETING I ``•;; JAN ,� t �N O JAN 1 1 1985 (111), OF Gi�C;�'�► P.E. of Transportation This memo is to notify all appropriate agencies of recent management personnel changes made in the Bureau of Public Service and the Department of Transportation. As a result of the recent retirement of A. J. Lee, Vern Genzlinger, the former Chief Design Engineer, was appointed as the new Associate County Administrator and County Engineer for the Bureau of Public Service. Ted Hoffman was subsequently selected as the new Chief Design Engineer for the Department of Transportation. Ted's responsibility is specifically to supervise the preparation of plans and specifications for our Highway Capital Improvement Program and to secure approval from municipalities and other agencies as required by law. Ted looks forward to working with you in the completion of our mutual engineering and construction programs. HOK:jfe cc: Federal Highway Administration Minnesota Department of Transportation - Central Office Minnesota Department of Transportation - District 5 Metropolitan Council Municipal Director of Public Works/City Engineer Minneapolis Gas Company Northern States Power Company Northwestern Bell Telephone Company Watershed Districts HENNEPIN C001,1Y an equal opportunity emplove; 4-- —52-3 COUNCIL MEETING TO: City Council CITY OF ORONO FROM: John R. Gerhardson, Public Works Coordinator DATE: January 10, 1985 SUBJECT: Commission Appointments 1985 At the January 3, 1985, special Council meeting Council requested information regarding the lenght of terms for Planning Commission members. Attached for your review is a copy of the Council minutes stating the action of the Council. Also attached is a copy of the minutes showing the dates of appointments of commission members whose terms are scheduled for reappointment. I have contacted Brad Van Nest regarding his interest in serving on any commissions. Brad has stated that he does not wish to serve on any commission nor does he wish to serve on any committees. i uLAR MEETING OF THE ORONO COUNCIL, JANUARY 23, 1984. PAGE .06 CRYSTAL BAY/STUBBS BAY SEWER FEASIBILITY REPORT City Engineer Cook presented the feasi bi 1 i ty report f or the Crystal Bay/Stubbs Bay area. Mayor Butler moved, Councilmember Frahm seconded, to approve the feasibility report for the Stubbs Bay/Crystal Bay area, subject to page 9 being deleted. Motion, Ayes (3), Nays (0). FOURTH AND FINAL PAYMENT 82-2 - VALLEY PAVING City Engineer Cook- stated that there has been additional costs because they underestimated the project in the beginning. Mayor Butler moved, Councilmember Frahm seconded, to approve the fourth and final payment in the amount of $39,314.45 to Valley Paving. Motion, Ayes (3), Nays (0). ORDER #2 - VALLEY PAVING - EXTENSION OF TIME ONLY City Engineer stated that. this was an extension of time from July 31 to September 30, 1983, due to the bad weather. Councilmember Adams moved, Mayor Butler seconded, to approve Change Order 12; an extension of time only. Motion, Ayes (3), Nays (0). MINNEHAHA CREEX WATERSHED DISTRICT APPOINTMENTS Mayor Butler moved, Councilmember Frahm seconded, to appoint Norman Paurus to the Minnehaha Creek Watershed District Board, and to further instruct the City Administrator to notify as many of the lake area mayors as possible soliciting their support. Motion, Ayes (3), Nays (0). V10U10R OF OMISSION TERMS Mayor Butler stated that the City should adopt a policy on limiting the number of terms that any individual can serve on the commissions. Butler stated that limiting the number of terms would provide the opportunity for other people to participate. Mayor Butler suggested limiting the number of terms to 2 3- year terms for the Planning Commission. Butler suggested that this informal policy apply just to the Planning Commission because of the heavy workload and time spent in front of the public. Councilmember Adams stated that there is plenty of people waiting to get on the Planning Commission but not so many waiting to be appointed to the Park or Human Rights Commission. Adams stated that they could always rotate back on the commission. oGULAR MEETING OF' THE. ORONO COU11 -AI., JANUARY 23, 1984. PAGE .I Councilmember Frahm stated that it takes 3 to 4 years to figure out what is going on at the Planning Commission. Frahm stated that he is worried about the long terns problems with the Planning Commission. City Administrator Benson stated that there are some cases where a person has contributed all they can and probably might stay on even though they are not effective. Benson stated an informal policy with guidelines would r- a useful tool. Benson also noted that members from the other commissions would like to move up to the Planning Commission, which is a good learning process. Mayor Butler moved, Councilmember Adams seconded, to adopt an informal policy which would limit the number of terms for those appointed in 1985, to 2, 3-year terms that any one individual can serve on the Planning Commission. Motion, Ayes (3), Nays (0). SPRING PARK RESOLUTION COUNTY ROAD 15 Councilmember Adams asked if any of the members had problems with the Spring Park Resolution on County Road 15. Councilmember Frahm stated that he had trouble with curb and guttering that stretch and that it should be optional with each City, but if it was a choice between curb and guttering vs ditches, then he wouldn't have a problem with curb and guttering. COUNTY ROAD 15 MEETI 14G ANNOUNCEMENT Councilmember Adams announced the County Road #15 meeting to be held on January 26, 1984, at 7:00 p.m. in the Orono Council Chambers. ORONO-MEDINA-IONG LAKE 1981 SEWER AGREEMENT City Administrator Benson reviewed with the Council number of allocated units for Orono. RESOLUTION t1599 NO PARKING WEST FERNDALE ROAD* Councilmember Frahm moved, Councilmember Adams seconded, to approve Resolution 11599, A Resolution Authorizing the Installation Of No Parking Signs On a Portion Of West Ferndale Road. Motion, Ayes (3) , Nays (0). BID AWAF.D - PORTABLE GENERATOR* Councilmember Frahm moved, Councilmember Adams seconded, to approve the bid award for a portable generator to Cummins Diesel, Inc. for an amount not to exceed $21,596.00. Motion, Ayes (3), Nays (0). I'%GUI,AR MEETING OF THE ORONO COUNCIL, JULY 28, 1980 Page 36 Mayor Van Nest moved, Bute, s•eccnJed, that the LAKE AREA SPORT'S Lake Area Sports Center report of Po*_rick Farnand CENTER will be agended for the meeting of August 11, 198C. Motion, Ayes (5) - "ays (0). Butler moved, Paurus seconded, to appoint viann APPOINTMENT Goetten, 1385 Fox Street, �o the Planning Diann Goetten Commission to replace C. Ste%en Wilson whose term expires December 3". 1981. m-L,on, Aves (5) - Nays (0) . Butler moved, Paurus seconded, to appoint George APPOINTMENT Rovegno, Jr., 2010 Shoreline Drive, to the Planning George Rovegno, Jr. Commission to replace Gregg Hannah whose term expires December 31, 1980. Motion, ,'dyes (5) - Nays (0). Butler moved, Hurr seconded, to approve the West WHAD REPORT* Hennepin Assessing District's July 15, 1980 report. Motion, Ayes (5) - Nays (0). Butler moved, Hurr seconded, to approve the date of WHAD MEETING DATE* July 29, 1980 at 7:30 P.M. for the reconvened meeting of the West Hennepin Assessing District. Motion, Ayes ( 5 ) - Nays (0) . Butler moved, Hurr seconded, to approve the temporaty employment of Betty Stevens for the Orono Golf Course at a rate of $3.20 per hour effective May 12, 1980 for 80 hours at which time her rate will increase to $3.40 per hour. Motion, Ayes (5) - Nays (0). Butler moved, Hurr seconded, to approve the reclassification of Dale Skreen as a light equipment operator at a rate of $7.83 per hour effective July 21, 1980. Motion, Ayes (5)- Nays (0) . Bulter moved, Hurr seconded, to approve the reclassification of James Gregory as a heavy equipment operator at a rate of $8.72 per hour effective July 21, 1980. Motion, Ayes (5) - Nays (0) . Dick Benson, City Administrator, presented the =ty Council with a letter tic mailed to Gene Kreienbrink, Postmaster, concerning the Crystal Bay Post Office, dated July 15, 1980, which states: EMPLOYMENT* Betty Stevens Golf Course RECLASSIFICATION* Dale Skreen RECLASSIFICATION James Gregory CRYSTAL BAY POST OFFICE City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1717 A RESOLUTION DESIGNATING APPOINTMENTS FOk THE YEAR 1985 BE 1'r RESOLVED by the City Cuunci 1 of the City of Orono, Minnesota, that the appointments and designations for the year 1985 are as follows- APPOINTMENT/DESIGNATION Acting Mayor Planning Commission Councilmember Park Commission Chairman Planning Commission Chairman PlanninG Commission Vice -Chairman Human Rights Chairman Rep. to Lake Minnetonka Conservation District Reis. to Association of Metropolitan Municipalities Lead Attorney City Attorney Firm Lead Engineer City Engineering Firm Health Officer Auditor Fiscal Agents Official Newspaper Official Depositories 1985 Tom Frahm Alternate Barbara Peterson Ed Callahan Charles Kelley Sandy Welsh JoEllen Hurr. Mary Butler Tom Radio Popham, Haik, Schnobrich, Kaufman and Do_y Glenn Cook Bones troo, Rose ne, Ander1ik and Associates Mound Medical Clinic Pannell, Kerr, Forster (formerly Anfinson, Hendrickson: & Co.) Ehlers & Associates 'tiestonka Sailor and The Laker First National Banks oi: The Lake (Na%arre) Wayzata Minnetonka Minneapolis Saint Paul Wayzata Bank & Trust Company Merrill,Lynch, Pierce, Fenner and Smith, Inc. F & M/Marquette National Bank American National Bank & Trust Company of St. Paul Midland National Bank of Minneapolis National City Panic of Minneapolis Norwest Bank Minneapolis Twin City Federa; Savings & Loan City of ORONO RESOLUTION OF THE C1-7 '.AUNCIL NO. 1 717 APPOINTMENT/DESIGNATION Official Depositories Continued Weed Inspector As=�stant Weed Inspector Transportation Committee Civil Defense Director Marina License Inspection Committee Hennepin Emergenc}' Communication Organization West Hennepin Human Services Planning Board Special Prosecutor Southwest Sanitary Sewer Dist ict Suburban Health Nursing Service MWCC - Area C - Sewer Service Advisory Board MCWD - Painter's Creek F. Katrine/ Advisory Committee - Alternate (2) Cable TV Committee (2 plus Alternate) (Alternate) ,Mayor's Association Suburban Rate Authority - Alternate (2) Advisory Committee Noerenberg Cc ity Park (2) West Tonka Senior Citizens 1985 Offerman & Compaq,;.,, Inc. Bank of America, S{n Francisco, California Piper, Jaf f ray & Hol:, -)od, Wayzata Dain Bosworth, Inc., v:r,neapolis Mary Butler John R. Gerhardson Tim Adams Melvin Kilbo Tom Frahm and James Grabek Melvin Kilbo Jean Kottemann Gary Larson Brad Van Nest Mary Butler Mary Butler Brad Van Nest Tim Adams and Mary Butler Tom Frahm Tim Adams Mary Butler Mary Butler Mary Butler John R. Gerhardson J. Diann Goetten Barbara Peterson Tom Frahm Adopted by the City Council of the City of Orono, Minnesota, at a special meeting held January 3, 1985. t AT'PE§T: Mary C. RUtl, Mayor 7 COUNCIL MEETING JAN To: Orono Council Members From: John R. Gerhardson, Public Works Coordinator CITY OF ORONO Date: January 9, 1985 Subject: Carman Street Sewer Project Reimbursement - Ward Edwards In November 1984, I submitted a memo to Council regarding the reimbursement stipulations for the Carman Street Sewer Project (see attached). Shortly after reimbursement to Mr. Richard Edwards, 2480 Carman Street and Mr. Edward Lehman, 2470 Carman Street, I received a call from Mr- Ward Edwards, the owner of the vacant lot that was included in the project. Ward Edwards stated that according to discussion with staff during the drafting o' the agreement it was his understanding that he would also receive -.)0.00 reimbursement when the project was completed and tha :je deferment only pertained to the permit fee, SAC charge, a. :4avarre connection unit fee as their is not a dwelling on his property. I have reviewed the request of Mr. Edwards with City Attorney, Tom Radio and it has been determined that Mr. Edwards is entitled to the $3500.00 reimbursement according to the agreement. To: Orono Council Member From: John R. Ger-hardson, Public worl-s Loord i n,:.tor Date: Ilc-vember- 8, 1984 Subject: C.Arinan Street Fewer Pro.inc-t Reimbursement In octohur the City of Orono Entered into an r greement with three residents ors Carman Street. for the construction of sar-itc+r, uwrrr sere.-ir_r- to :heir prz:.rc.r-1.ies i..kgrEesnent attached). As per the agreement, after the residents have completed thei r obligations thE! City is r enui rod to reimburse two of the properties $3,500.00 each with one rm-r-p'rty being deferred until the construction of a dwelling. The cc)nstructic►n it cOmplet(Ki and the developers have completed their obligation- of the therefor, it is my recommendation to reimburse Mr. Richard Fdwards 2481► Carmon Street and Mr. EdwvLtr-d T. Lehman, 2,174.) ',-:7rmon Street *3.5iri►.iiO each as p`?r the deveol Fie--s agreemer. i_ ije. t ed uc t ober -25. 1983. CITY OF ORONO HENNEPIN COUNTY, MINNESOTA DEVELOPER'S AGREEMENT FOR CON-TRUCTION OF CARMAN STREET SANITARY SEWER PROJECT DEVELOPERS WARD EDWARDS RICHARD EDWARDS EDWARD LEHMAN THIS AGREEMENT, made and entered into this 25 day of October , 1983, by and between the City of Orono, a�municipal corporation under the laws of the State of Minnesota (hereinafter called .City..), and Mr. and Mrs. i•:ard Edwards, Mr. and Mrs. Richard Edwards, and Mr. and Mrs. -_'ward 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 -,e Develrpers ar:d legally described as follows: P.I.D. 203-117-23 12 0027 P.I.D. 20-117-21 12 0(,'29 P.I.D. 20-117-23 1.2 0043 AND, WHEREAS, the City Council has granted opproval fir 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 tn Chapter 429 of Minnesnta Statutes, the City does hereby order Bonestroo, Rosene, Anderlik and Associates, Inc., City Engineers, to prepare plans and outline specifications for the extensionof municipal sanitary sewer to the above described three properties as follows: The project shall include onecentr3l 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. 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 ali 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 permitsshall 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 a new 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 conztruction permits, as follows: ...*DRESS: ermit Fee M'• CC/SAC Navarre Connection Unit ADDRESS: 2470 (exist.) S 26.50 S425.00 $375.00 2474 (future) deferred deferred deferred 2480 (exist.) S 2C.50 $425.00 $375.00 S820.50 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 updrl.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: 2470 Amount to be paid $3,500 by City to Developer 2474 $3,500 2480 $3,500 In addition, the City shall pay the City's Engineer costs, estimated to be $900 for each of the units. Page 2 of 7 g) The City Engineer shall inspect the work during construction and the Developer and their contractor in return 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 shell provide to the City a 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 form approved by the City Attorney. i) The Developers hereby ac,ree 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 of the project in the public right of way or easement consisting of the forcemain 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 pay all construction costs and the City shall pay its engineering costs out of the connection charges, there shall be no special assessment for installation of this project. 2. Improvements: 7n accordance with the policies and ordinances of :*-e City, the Developer's above described public or private improvements ,hereinafter collectively called the "Improvements") shall be constructed and :-:stalled by the Developer at their cost on the terms and renditions hereinafter hereabove contained. 3. Construction Plans: The plans and speci f ications for the complete ::,stal'_ation of the Improvements are attached as Exhibit B. The plans and specifications shall conform to all current City standards for all applicable �GriC. 4. Construction of Improvements: A. Commencement Date- The construction ofImprovements shall begin no later than November 7, 1983 B. Completion Date - All Improvements shall be completed no later than June 1, 1984 C. Contractors - The Developer shall select, retain and supervise the Contractors) responsible for Improvement construction. The City reserves the right to require satisfactory proof of successful experience and adequate financial status rf any such contractor. Where required by City ordinance, the contractor sha11 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. E. 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. F. Construction - The construction, installation and materials shall be in accordance with the plans and specifications approved by the City. G. 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 warrantyor performance bond it is agreed that although she City may approve the project as being completed for use by the developer, the �-i ty 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 ncineer. 6. Notice to Buyers: D,aveloper's shall inform each respective buyer sf the propertys of the terms o! 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 -evelopment. 8. Bindina Effect: The terms and provisions hereof shall be binding =cn and inure to the benefit of the heirs, representatives, successors and asigns c° the parties hereto. References herein to Developer, if there be more than one, s-P11 mean each and all of them. This agreement at the option of the City shall be z aced of record so as to give notice hereof to subsequent purchasers and _-cumbancers of all or any part of the property. 9. Notices: Whenever in this agreement it shall be required or ::e:mitted 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 Unitied States certified mail (returr, receipt requested)- to the addresses set forth -below. Such notice or demand shall be deemed timely riven 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 56 Crystal Bay, MN 55323 NOTICE TO DEVELOPER Richard A. Edwards 2480 Carman Street Wayzata, MN 55391 NOTICE TO DEVELOPER Edward T. Lehman 2470 Carman Street Wayzata, MN 55391 NOTICE TO DEVELOPER Ward E. Edwards 3545 Glenhurst Avenue St. Louis Park, MN 55416 M 10. Incorporation by Reference: All plans, special provisions, proposals, specifications and contracts for the Improvements furnished 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. I . . Disclaimer by City: It is understood and agreed that the City, the City C,.ncil, and the agents and employees of the City shall not be personally :iabl . or responsible in anymanner to the Developer or Developer's contractors, subcontractors, materialmen,laborers, oranyotherperson, firm orcorporation, any debt, claim, demand, damages, actions or causes of action of arty kind or character, arising out of or by reason of the execution of this agreement or the =erformance 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 City may 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 inconsequence of the performance of this agreement by she Developer, its employees, agents or subcontractors, ti:hether or not caused in part by a party indemnified hereunder. 13. Remedy for Default: Default by the Developer of anyof the terms of this agreement shall automatically result in the suspension or withholding of all cpermits, licenses, occuparicycertificatesorother author izations issued in this evelcpment. A. 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 any and all of the agreed upon Improvements should the Developer not complete those Improvements by the date specified in Section 4-B. B. The remedies afforded to the City under this Section shall be ir, addition to any other remedies to which the City may be entitled by law or ocher 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 Ma LlLr, Mayor �J . Ize,ztw Z7-Z"7 Alberta M. Strom, City Clerk STATE OF MININESOTA ) '�U:QTY OF HENNEPIN ) The fore -ing instrument was acknowledged be"ore,• :e t s day 1983, by % L�r/i� and Mayor and City � erk, respectively, of the City of Orono, a Minnesota municipal corpora ion, on behalf of the municipal corporation. r �N DOROTHY M. HALLIN NOTARY PUGUGWNWMTA _ HENNEPIN COUNTY .o a r y Pub a c N'' Ley acrtrnbalon eXP6 6- � We have read and understood the above agreement and agree on behalf of curselves, successors and assions that the use of the above descr ibed property n,.iy �e 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. Ward E. Edwards pouse STATE OF' MINNIESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ' %-L day of 1993, by l/lF.i �. c y,c r t --- and husband and wife, respectively, known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed Lhe same as his (their) free act and deed. otary.Public _ �,,�r�,,MIJ./J,IJN,AN�WJJJJJJ.MMr'.IJ. Z CHERn A VW,K ,p N01RkYPUB11C M1141, ,01A 4s, H(NNLPIN COUNTY 1 Page G of 7 M.TCemrra.,anLip�m Aus 22 191 ■ v,r,,v�: r:.w.vvr.r.wJrrrnv:r.�+nv . STATE OF MINNESOTA ss. COUNTY OF HENNEPI11 Edward T. Le man pouse The foregoing instrument was acknowledged before me this ,t day of 1983, by �C-'/�c�.a/ti) Lr.,i•'+�+-' and husband and �w'iffe, respectively, known to me :c be the person(s) descriGed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. 11ALLANE NYGAARD Notary PUb`1 r'fe EkvfR:.SJZ4 30.1969 . VWWV•NJ✓JJYJJ/WVJY�JVW/NVYl.'Y r Richard A. Edwards ?ipo t....�..- �- se STATE OF MINNESOTA ) ) ss. COUNTY OF HEN14CPIN The foregoing instrument was acknowled ed before me this • Tyr day of 1983, by /�iL��4 /� E ....o.tv and �nNA.1l�✓� �„ �./gq".j husband and wi e, respectively, known toine to`be the person(s) described i a d who executed the foregoing instrument','iand acknowledged that he (they) executed the same as his (their) free act and deed. r AAN A" JJ..V1N.Mr.'VN/VIMAMHAA> �L r �� E NYr,Ll.RD 1�•''• 'aC�w:-a=il+ii Notary Public • wwwVV.V fewv~".Fvw eevvwvvvv Page 7 of 7 COUNCIL MEETING JAN -W / 9 9r To: Orono Council Members CITY OF ORQIVO From: John R. Gerhardson, Public Works Coordinator Date: January 10, 1985 Subject: Lake Access Improvement - Spates Avenue Currently the City of Orono provides a lake access onto Smiths Bay adjacent to Sailors World (Paul's Landing) off Shoreline Drive (County Road 15). At the present time the access has an incline from the lakeshore to Shoreline Drive to an extent that vehicles driving off the lake cannot stop for traffic on Shoreline Drive creating a safety hazard. It is my recommendation to develop a grade change during the summer/fall 1985 to correct this situation. COUNCIL MEETING J A N ' / To: Orono Council. Members CITY OF ORONO From: John R. Gerhardson, Public works Coordinator Date: January 10, 1985 Subject: Engineering Rates - 1985 Attached for review and approval is a schedule of engineering rates from Bonestroo, Rosene, Anderlik & Associates for 1985 showing the amount of increase from 1984. I recommend approval of the rates as submitted. O 1 r am 1, Runnn,n+. P L 11o4err N Ruvnr. P f 2335 36 Br.Jlwd 4 1-f-.. PL Rn Aord 1 7.,•wff P f sf n..f. ,+� -•- 5�,13 J.n.n ( (N,•,n. P L P"— 6!2.636-k600 January 7, 1985 City of Orono Box 66 Crystal Bay, MN 55323 Re: 1985 Rates Dear Sir: r•- - .1 ram.-'. I ,)AN 9 985 CITY OF ORONO ! 66— R C—A. P L A—h A Gwd—. P f 7Ao~, f 9n.n. P E R,rAord A /duff. P f Rnbrre G Srh—hi. P f ALor.,n L Son No. P f 0-1d C Nwjwdr. P f Jell A P L .A/.rA A Hoe.o.. P E led A f,.A1. P E WAM, 7 Ro.unonn, P L Rafk•r R P(eff"k. P L M.,d ( LoIA we. P f CAorin A E-Aton !'o Sf Powlik, f/.rbn A( (won Transmitted herewith are revised hourly Engineering Rates which are to be effective January 1, 1985. In reviewing our coats of doing business, we find that constantly increasing wages and operating costs make it essential that we revise our rates at this time in order to maintain our high level of servic- to our clients. Even though our costs have risen substantially higher during 1984, we have limited the increase in our rates to approximately 5%. We have appreciated our long and pleasant relationship with the City and are looking forward to serving you in 1985. If there are any questions on this matter, please call. Yours very truly, BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. Otto G. BdRegtroo OGE:Ii Enc1. 5322c ENGId; .TES 1984 1985 % Increase Principal Engineer $45.00 $47.25 5% Registered Engineer 40.75 42.75 4.9% Assistant_ Engineer/Field Insp. 32.75 34.25 4.6% Senior Technician 27.00 28.50 5.5% Junior Technician 20.00 21.00 5% Clerical 15.50 16.25 4.8% Word Processer 20.50 21.50 4.8% Attend Regular Council Meetings 40.00/Mtg. 40.00/Mtg. Reimbursable Expenses At cost At cost Mileage .20 mile .20 mile mrMnPAMMIM TO: Mayor and City Council City of Orono FROM: Thomas J. Radio City Attorney RE: Clean Out of Jentolucci Drainage Ditch Legal File No. 3857-082 DATE: January 14, 1985 INTRODUCTION The Council has requested a legal opinion regarding the City's responsibility and liability for the maintenance of a ditch upon private property owned by Alex and Diane Jentolucci. FACTS Alex and Diane JentolLcci oti, property at 1295 Brier Street in Orono. A drainage ditch runs through approximately the center portion of their property in an east -west direction. The ditch, approximately 150 feet in length, extends from a culvert which runs under Briar Street to a tile line. This tile line then runs westerly into unplatted property currently owned by tied Dayton. John Gerhardson states that the City has maintained the culvert to its outer edge for at least 18 years, with the most recent repair being three to four years ago. He also states that the tile line was possibly installed by the City in the early 1900's, but does not believe that the City constructed the ditch. A long time resident, however, insists to the contrary. The Jentoluccis claims chat the 'itch and culvert are causing ponding water in their yard and want the City to clean out the ditch to alleviate th- -idinq problem. AMALYSIS This situation presents essentially two questions: (1) Whether the City is responsible for the maintenance of the ditch; and (2) Whether the City is responsible or liable for the ponding of water on the Jentolucci property. Maintenance of Ditch. The City is not responsible for the maintenance of private drainage systems within the City limits. Orono Municipal Code, §9.04, subd. ](b) defines a "private drainage system" as any "storm sewer, ditch, tile line, or other facility, together with all appurtenances thereto, (1) constructed by a private person, or (2) existing on private property, for the purposes of collecting or conveying natural precipitation." Subd. 2 of that section further provides that "it is the r-spoasibility of the owner of any private drainage system, or the owner of the land upon which it is constructed, to maintain such system in good and workable condition . . . ." Hence, pursuant to City ordinance, the Jentoiuccis, not the City, are responsible for the maintenance of the drainage ditch. Responsibility for Water Runoff. The general rule Minnesota regarding the diversion cf surface water is that it municipality in its work of improving its streets or public places interferes with the natural flowage of surface water of fails to take care of it, it is not liable if the possessor of the lower land is no worse off than before. Roche v. City of Minneapolis, 27 N.W.2d 295, 297-98 (1947). Thus, only if the presence oT the culvert increases the runoff onto the Jentolucci land would the City be responsible. John Gerhardson has stated that in his opinion the same amount of water would run onto the Jentolucci property, regardless of the presence of the culvert. CONCLUSION Based upon the available information, it does not appear that the City is responsible for either the maintenance of the ditci► o the presence of the ponding water. As part of the Crystal Bay Sewer improvement Project, the City may wish to have the City Engineer address alternatives to alleviate the runoff. 0431F COUNCIL MEETING JAN -� /91S TO: Mayor and City Councilmembers City of Orono CITY OF ORONO cwOM: Rolf Erickson City Assessor ZPATE: January 10,1984 RE: 1985 Assessment -Ratio stud) PIeasc refer to the attached summary of our sales +cr the 1985 assessment. The sales used cn our study were thoss occurring from august 31, 1983 to the present. Normally Hennepin County uses sales fror.. August 31, 1983 through August 31, 1984 to determine the January 2, 1995 assessment. I have included sales past August 31, 1984 to have a more complete study. As of this date I have not been able to isolate anv single property characteristic that affects the majority of the Lakeshore sales or the non-lakeshore sales. Bp -'_,re wo complete the assessment wP will analyze all 'he sales G- age of dwelling, size of dwelling, and site c— —c+esistic=. Ymu will notice that generally property incated on ba-s with r.stricted access (rf-stricted clearanrc channel) to the Lower c,r Upper Lake have higher ratios. "=•+.Qr than attempt a more detailed anal w t n-,terial in wrr ti6g, Dave Wilde and I wi l l attoot the Januar i ' aunci i meeting to answer any quse t i on s th:xt you may hat. Rolf Erickscrr. ORONO JAN 10. 1985 SALES 8-31-83 T(l =RESENT M OF MEDIAN GAY SALES RATIO ALL SALES 106 .965 NON LAKESHORE 66 .96 ALL LAKESHORE 40 1 BROWNS BAY 2 .68 CARMANS 7 .98 CRYSTAL 10 1.01 FOREST LAKE 2 1 JENNINGS 1 .95 MAXWELL 1 1.19 NORTH ARM 5 .95 SPRING PARK 5 .93 STUBBS 2 1.07 UPPER -' 'E 1 . U6 JES', .,RM 4 .9-7 COUNCIL_ MEETING r t LIST OF LICENSES FOR COUNCIL APPROVAL / / i! `JA , /� FOR MEETING OF _ January 14, 1,85 CITY OF 7NO Iran Relief Fund - Solicitors License Orono Hockey Boosters - Raffle License Iranian Refugees Reach Our for a Helping Hand Why They Need Your Help? • Fleeing repression, war and economic chaos • Leaving behind all they once had • Bearing the scar! of an ongoing human tragedy in Iran • Thrust into an alien world with no one to turn to • The threat of arrest and execution awaiting them in Iran Please Give To ThOSE in Need With your help we can make o ^:f crence in their lives by giving them hope, alleviating their suffering and assisting them in building a future for themselves. Please make your tax-deductible contribution payable to: Iran Relief Fund 170 Broadway, Suit,-. 201 New York, New 1 .rd 10039 Who Are We? We are a group of caring people concerned with the welfare of other human beings. Contribu- tions received are solely used for charitable purposes and especially to: • help alleviate the human suffering being experienced by the Irani.m refugees: • provide medical information and supplies, food and nutritional sup- plements, financial assistance and other social services to needy Iranian rc,ugces and students; • inform the people of the world of the plight of the Iranian people. ~ a ■We are their hope 0,70 : 800a'A.ar • SJj";& fro die Are Their 4elp Us Help Hope ova., 1 1 Therm During the past four years under the rule of K homeini's regime tens of thousands of Iranians have been forced to flee their country in fear of persecution, escaping from the insecurity and the jx)litical and economic chaos. Iran Relief Fund, a nonprofit and tax- exempt organization, was formed to assist these refugees who are victims of the ongoing tragedy in Iran. to adjust to their new environment and to alleviate the many hardships they face. In addition, Iran Relief Fund provides assistance to Iranian students who have been denied funds from home, are unable to work in this country and face the possibility of arrest and execution ujxir, their return t4i Iran. Refugees For the past four years, Iran has been in a state of turmoil, forcing tens of thousands to flee their country. Most of these refugees have fled Iran with nothing but their lives, and are stranded in varirus countries of the world. including the U.S., with no place to turn for help. Spread throughout the world, they are thrust into an alien environment, differing in language. customs and culture. Since they lack sufficient funds to obtain food, clothing, shelter, medical care and legal representation, these refugees face many hardships. The plight of refugees throughout the world has always been of concern to the American people. Thus, it is to you we turn for help. Without funds, Iranian refugees will continue to suffer and may once again have reason to fear for their lives. Education Iranian students in this country, estimated to be 40,000, face similar hardships as their lives are alsoimpe-iled. Frowning on" Western educa- tion," the Iranian government impedes the trans- fer of funds to Iranian students in the U.S. Having no other source of income, they face the very real possibility of being forced to return to Iran where they would face execution on charges of being *'Westernized". Amnesty international, for example, has reported that an Iranian student who returned to Iran was executed on February 8, 1982. "on charges which reportedly included 'being Westernized'." The American people appreciate the value of education and for years have established schol- ar.;hips and funds to enable students to pursue their educational goals. Denied funds from home. Iranian students also need your help to continue their education as well as avoid facirg Ow danger awaiting them in Iran. Looking Forward Iran Relief Fund, relying on the generous suptxxt of charitable individuals and organiza- 6. - -s, has provided vital assistance to scores of ne + !ranian refugees in their struggle to meet their basic needs. It has also assisted needy and qualified Iranian students in continuing their education. '� case in point is that of an Armenian brother and sister who fled Iran and came to the United States as refugees. Lacking funds to meet their basic needs. they were faced with seric-.js prob- lems. They are only one of the many cases referred to Iran Relief Fund by international relief agencies. Another case is that of a blind Iranian student who urgently needed funds to continue his education and faced the possibility of leaving school. Contributions from concerned individuals and organizations made it possible for us to alleviate some of their difficulties. In the past, we have relied on your support it aiding Iranian refugees and students. To maintain and expand our charitable activities, we continue to depend on your gen"ou. contributions. 1 I t L: c•ensc Nc. ___ APPLICATION FOR SOLICITATION - $20.00 f�,c• Cute Received .--. i V ls- Date rxpi res CITY OF ORONO 1335 BROWN ROAD SOUTH BOX 66 CRYSTAL BAY, MN 55323 Organization: Y�Yan ke-ri4 Fun d Phone Address: 4 It CAMA-0j, ha­rv&.-► d a,,d d<<u�Wouta St 5 M P LS Mvn Representative: Phone 3!q , - a 7 �.S_ Address: 4 C,,C: k --W Z& ; :- -46 -0 �a 14, —v of w L g M +I Cs- (4s-v Check One: Business Solicitation Contribution Solicitation ✓ Number of People Soli.citating within the City 4— Provide list of Names of Solicitors on back of this application. Type of Product to be solicited PERMIT EXPIRES 60 DAYS FROM APPROVAL DATE. POLICE CHIEF SHALI. HAVE FIVE (5) BUSINESS DAYS IN WHICH TO INVESTIGATE AND MAKE A RECOMMENDATION PURSUANT TO ORONO MUNICIPAL, CODE SECTION 5.30 SUBD 5(a). -------------------------------------------------------------------------- ORONO MUNICIPAL CODE REGULATIONS ON SOLICITORS Subd. 3. Prohibited Solicitation Practices. A. It is unlawful for any solicitor to engage in solicitation for any unlawful business or organizational purpose or activity. B. It is unlawful for any solicitor to practice harassment., nuisance, theft, deceit, or menacing, troublesome or otherwise unlawful activities during the course of solicitation. C. It is unlawful for any solicitor to enter, or attempt to gain entrance, to residential premises displaying at such entrance a sign with the words "Peddlers and Solicitors Prohibited" or "Solicitors Prohibited". D. It is unlawful for any solicitor to -efuse to leave busines premises when requested by the owner, lesee, or person in charge thereof. E. It is unlawful for any person to engage in contribution solicitation without co>rnletion of licensing or registration as herein provided. F. It is unlawful for any person to engage in business solicitation without a license as herein provided. -------------------------------------------------------------------------- The undersigned hereby agrees to the conditions quoted above from the Orono Municipal Code and any additional requirements/ the City staff may have. Signature of _Applicant: gle A/AiG' 410ra Date: cc. FOR CITY USE ONLY: After review of application. staff recommends the following: Approval of application Denial of application Signature of City Official: Date: Signature of Police Chief: / . r /lam__ _ _ Date: NAMES OF SOLICITORS Name:: Address: evA T- Phone: License No. Name: f} L/ Z /c,Ao Address: 5;A0 6 w ' Ave Phone: 19 License No. Name: zyylz s a,, IeAeTs-ym ,r, ' Address: f _ , :�2a Q Phone: License No Name: _�/� d h a hm q n Address: _1 S/5' s •{ [r] Phone: n1;1 s ML License Now O �� Name: M'd S4 t fad Address: /r- S 16 ono' 6 Ag+ter-9-5-- Phone: License No. Name: .114� ,�r�yiCs- Address : / '1 � e Phone: T--T"'�� -TL i6 License -,No. (If additional names, please attach list) OR ONO POLICE DEPARTMENT • REC'D BY. 9INC= ORONO POLICE RECORD CHECK REPORT DAY: S M T W I T IF 5 MESS. KEY TROL NUMBER IOCAI CONT. AGENCY NCIC (DENT ICAGI E C I / �� % I/ M N 0 2 7 1 f 5 1 0 0 / 846158 LNBR DATE REPORTED IRPDI TIME RPO (TRPI LOCATION GRIND NBR (LGN) / owl em / /' ' ' ' ' ' / PLACE COMMITTED (PLC) LNBR HRO j� BADGEE-N-OO((SBBN-) TIME ASIG. (TAS) TIME ARR (TAR) TIME CLR (TCL) LR RD t o4es P a I I -�; J I I I Phone LNBR I N UOC UCS LNBR ISN ] Radio UOC UCS F /a / / j- F1 � /[ / /r A Alarm � it_�i'.�111 I In Person SUPERVISOR APPROVED V • Visual ENTERED C J.R S. C M Mad / T Daher Repo•ted By �Y a" j'/'y�� iQ f! ✓ _ 0081 Bus Nbr — Addrew / r 1 )tiffs �' �. r i 7 ' L� Home Nbr— Complaint/ Q4 t � �-' �S J � r � • DOB/ Addrea Phone Nbr _ Incident Description: COIL, f— j-1- <- 4, 1C BBCCA (ATTACH TELETYPE IF APPLICABLE) AAT DL BUREAU Qff-- DEPT OF PUBLIC HEALTH - (MENTAL HEALTH - 296-2671. 8 30 A M to 4 30 P M 1 HENNEPIN COUNTY WARRANTS - (348-2000 or CDC HWA) RAMSEY COUNTY WARRANTS - (298 4893 days. 484 3366 nights) NCIC (OW FORMAT) 0& HOME TOWN WARRANTS HOME TOWN (ADDRESS & PHONE NO. VERIFIED? MILITARY - 726.1148 (ONLY IF CHECKS SHOW A POSSIBLE MILITARY RECORD) 0 `ON -PROFIT FOREIGN CORPORATION Certificate of authority l�i� 2 3 6 % 6 Be it Known, that IRAN RELIEF FUND, INC. whose corporate name in .Minnesota is IRAN RELIEF FUN-1), INC. a corporation of the State of_ Delaware incorporated. c-i : i_ perpetual `1 October perpeua day of _ 19 therefrom, and which maintains a registered oyce in :h, S:a:e of 1515 S. 4th St , agent - Mr. Moh:U:^ad '•ioradian number Minneapolis ,County of Hennepin ditlycomplied with the pro ri:ions of t4e.11i,inesota Foreiv,1 Corpora:".,, .1, . (; r �[}; 303, Minnesota Statutes• and is/ juthorized to do bit here"`.: , 7• �, powers, rights and pri:-ileees and stlb)e,! !o the fi'midu v. i �t!� .c- rh by lau• (tp!1c'r4*it: Pi .'7;'/e.'0, :ts a f •? : ;:i !1 -�n • ' . i t defined by subdivisions -1 3 of )a Chapt--: j� i tress my offtCial si; :::.r, subscribed and the seal of the StL:le 1; hereunto affred this f i f tPenth _ ,'Jay of �,;• -•Y;.fi+-.t; _ ;i:Novemberto the year of o:ar Lord j - ::,!hoar •t';'„�a�' one thousand nine hundred and .►-�.>/ �� --- Sieretary -s/ •State ► This certlDeatf chef not entitle this corporation to tnn,act In Minnesota the bwlnsy -9i:h .r1. a 1'•' back, trust cumpaoy or a buiW•ng and loan astocUtion may trans+ct fie. i."{J�t:r�1tVti:rwXV.jA�.r��yv,+�;Jr J •r r ./� u ;•1�,�,�' -vfE--fJf� . t'tN. CS0TA 1►1'.1' \ItT\fl'.� I I11 ('1,\I\tl'.Il('1: ST. PAI 1. �.�Il►1 /11 I It 1. 411' rI11 I.I M%II., vl)NI It October 24, 1984 Jean Zorn `ayerson, Zorn b Smith 211 E. 43rd Street New fork, NY 10017 == Iran Relief Fund, Inc. 'ib When It May Cone rr : nis is to :--'form you that the above -referenced orca,uzation is registered with the L�eraztr-tent of re - . tinder `.inn. star. G'laoter S309.50 - 309.61 (1980) ; the >iinnesota G'-a—i;.able solicitation Azt. :'Lis registration is not to be irt`rpreted as a stats7e_nt of ac_orova.l of the organization's rranagerm : and arocram activities by tie Co.-missioner of Ca.-:-o—rce or by the State of Minnesota, Also, "e':►C'r!>er -hat the arnual report and ``Handal state..-P-nt a -re Cue trit:nin six rtcnths or your acco•.:ntirc _ear ens. t•'e will send the forces upon rert:est. klez-1 truly yours, .%UMAEL A. i ...",_ Cc.- tissicner, De ar =rLnt of Co-r-�rce a., Fzsearc`I : rrZ;'st %I11. lit :: Ul%r. AN EGUAI OPPORTUNITY E',:?t OYEA 1R0081 CifC") DEC /0.4 10=24: _9 at +� TXT MOHSEN KHOSRAVANI 523 20TH AV S MP!S MN 55454 j SEX/M. DOB/120261. HOT/510. WGT/1/_-5. E`eE/PRN. OLN/K26J60900&!,1'?. LXF' 120,21E�I STATUS: VAL I D PHOTO #: 42 1 11 1 i ii i22, NO VIOLATIONS IR3082r—ORO05iYDi=i 18 19:4 10:25:31 12i:C:/C'4 1.1:1:25:35 TXT • SEYEU—ABDOL MA.J I U SAJJAD I 1630 S 6TH ST APT 1008 hiPLS MN 55454 SEX/M. DOB/03*22160. HOT/5015. WGT/120. EYE/ERN. OLN/S2307625772'32. COLT/C-0 2. EXP 0�32 .-? STATUS=VALID PHOTO #:42111i1015. ISU/r4. • 072983 DEV 1 M LETTER SENT a 042283 UNC'ODED ILL CH OF COURSE� i ►� t C �+ 030983 WL 0421682 SPEED r.._-rrr--aa===a=::rr_:vrr:�:-x--ca»czr-cc. x:_»cx__ ccxs=x»:n: cx»-rxcxcxx=r_axur_:_acrarr-:n 9 OR0003 ORC oO4 DEC: 18 1984 12. 01 12/ 18/84 12: 30: 05 - � QH PWD/Pf'R.ORI/MN0271500. NAM/KHOSt� ',','AN I , MOHSEN _ DOB/120261.SEX/M.RAC/W.PIiR/C �- RRB/CHIEF KILBO _ NO CHRI EXIST ,. OR IS NONDISCLOSEArtLE. _ 4D OF MESSAGE ORG007, NCI 123 DEC 18 1984 121= 29104 12/ 18/E:4 'I 2= 30:34 } 2L015 OR000413397 - MN0271500 - -- _ NO IDENTIFIABLE RECORD IN THE N INTER.TATE IDENTIFI-ATION INDEX (III) FOR NAM/KHOSRAVANI MOHSEi /M.RAC/W.U0B/120261.�- NOTICt -- THIS DOET. Ni!T VECLUDE, POSSIBLE EXISTENCE (5 .MATCHING - -�� RECORDS IN LOCAL, STATE"'iOki Lw-i. i,I F I CAT•I ON tD.�V S I ON 1F I LES .T ARE -.,wNOT INDEXED IN THE N�1C I1�I. YOU- ESIf:� SEpFtf �F TH BI ..- _ t ...�F �. �...: 41DENTIFICATION DIVISI011 Fs2t� FINOERPRI LS`*(�U!►LL EE'SU6MIT'=��..' END �.,... �. �. ,• ,,.. k.,,-..... rr, O T,r �+ J ,7 — s— END OF MES SAi —,E �— ORO008 NCI1:1 DEC iS 1984 12:29:55 12/18/84 12:cs1:54 — 2LO15 OR000513402 MN0271500 — t� NO IDENTIFIABLE RECORD IN THE NC. I C INTERSTATE IDENTIFICATION INDEX (III) FOR NAM/SAJJADI, ;EYED—ABDClL MAJID. c.tX/M. RAC/W. DOB/u:--:�,2GO. NOTICE -- THIS DOES NOT PRECLUDE THE P o,:l*S I BLE EXISTENCE CIF MATCHING RECORDS. IN LOCAL, STATE, OR FBI IDENTIFICATION DIVISION FI'_ES THAT ARE NOT INDEXED IN THE NC:IC III. IF YOU DESIRE A SEARCH OF THE FBI �— IDENTIFICATION DIVISION FILES, A FINGERPRINT CARD SHOULD BE SUBMITTED. —. • END u J r, ORO012 ORO007 DEC 18 1984 12: 21 ps .TXTr:,.A%v'6 •+t'••y.v .s • MOHSEN KHOSRAVANI z. �. S23 20TAi A1rS' .. �, ,.y,f .•, L;; MN 5=� , SEX/M. DOB/120261.`-HOT/510.ter, iiC3T/163. EYt � ®,,�OLN/K261609008919. T/C� 0.2'� FXP 1202871;' ;TATUS: VALID a� ' '` s 1 END OF MESSAGE. �- 12/ 18/E.4 12: 33: 42 — .PHOTO N:42L11110 22.,, 8 /L4 ,} s •������• — • NO- VIOLATfONs'`J- ♦ • L OR0008 DEC: 18 19 S4 1 3: 3 B ACK IJO H I T QDP NAM/}:HI .RAVANI, MOHSEN.DOB/ 1-2 f /.1 z PAGE WAITING .-RES'= PA1 -�— _iRCu_f 13 Nf_: 1145' DEC ) c' 1984�- '.'IE ;SAvE WAITING r►. F'RE'c _ PA 1LO15 .0R00u71 _,41S MN0271�.-:10. _ NO,NCIO WANT Do8/1�01.:.-E.1 NAM/KHISRAVANI, M4HSENA •r .��F��� ELF. _ .. WOO - •. �: fi'�`� f i i i • MESSAGE WAITING 1R300,; OR0009 DEC 18 1984 12:35:21 12/18/84 12:35:27 w • TXr SEYED-ABDOL MAJiD 1630 S 6TH ST AFT IOirc MF'L-. Mu "-•a�.n r• SEX/M.-DOB/032260. HGT/506. WGT/126. E/E/NRN. OLN/S23O762577232. OLT/C-O 2. EXP 032287 y; STATUS:VALIDN. ', X.,, ,I,. to PHOT 'VA211111015. IgU/F4... ✓ Y• t %wu K r++ 111 B EED.•} KB 306828 r 1- 04268MLEExp "' 304828 {{ NO IA�c.f r' ODP.NAM/_AJJADI. "F. N: j._- i i- Y- PRESS PA1 i- i .a - IR3004 F OROOLO DEC 18 1984 12:35:21 12/10/84 12:^-5:54 F XPRON .:.EXECUTED... -.. • _--__------------------------------------=---------------------- -=--�a • 1R3005 NCI162 DEC 18 1984 12:35928 s12/18/84 12:36 02 ILO15 OR000913427 MN0271500 NO NCIC WANT DOB/032260 NAM/SAJJADI, SEYED-ABDOL MAJID •_____�___�__���____,__________z��_____�________�____tea________________________�� JLr.. '� .•.i ' r Ai rf INTEROFFICE MEMO P5-011 DATE: January 11, 1985 TO: Mayor Butler - City Council FROM: Chief Mel Kilbo SUBJECT: Raffle License request - Orono Hockey Boosters I have riviewed the application and the ordinance. I had three questions which I referrred to the City Attorney. The City Attorney asked me to question two points, one, are the applicants an "eligible organization" and two, do they "lease or own the premises". A letter requesting answers was sent to Richard Raiche. He came to the office on 1-10-85 and stated he could answer both questions in the affirmative. See letter attached. I recommend issuance. It should be noted that effective March 1, 1985, the charitable gambling control board takes over all issuance of gambling licenses and all licenses issued by local units of government expire 2-28-85. License No. APPLICATION FOR RAFFLE LICENSE - $10.00 fee Date Received Date Expires Final Drawing Date CITY OF ORONO 1335 BROWN ROAD SOUTH BOX 66 CRYSTAL BAY, MN 55323 Organization: Cr..^-, 90cwrr i rsleaa Address: BLS zcs- . Lcn'e [.Ic7 Representative: ric,u Pl .4.4,C./ - Affiliation with Organization C.+/Li [-.' nip Address: LX., -:. O,dc N( :CAD Date(s) of the Drawing TM N j, cSI.— Phone '/76 /Ec/ Phone '/7c- /E: / lr"_ I Location of Drawing Cdpn.• H1.4H SC'K e' cn:r T[-it/µ. Purpose of Raffle 77cND AGfdA / n(,e e-Y /iert7eni List Prizes to be Raffled and their value (fair market retail value) Specify which of the prizes noted above were donated /�/•'I Security (minimum amount $10,000.00) in the form of Bond _ Insnrance !.'e.,.• /4J • - Jn.s A'A'k'7L Copy of security to be submitted with con.pleted application. THE ORONO POLICE CHIEF SHALL HAVE ONE HUNDRED EIGHTY DAYS (180) IN WHICH TO INVESTIGATE AND MAKE A RECOMMENDATION PURSUANT TO ORONO MUNICIPAL CODE SECTION 5.23, SUBDIVISION 3(D). ------------------------------------------------_____--------------------- The undersigned hereby agrees to the conditions quoted in Section 5.23 Subdivision S of the Orono Municipal Code attached to this application and any additional requirements the City staff may have. Signature of Applicant: . ""�— 1---�_ I_ -___----Date_- ------------------------'_:____ FOR CITY USE ONLY: After review of application, staff recommends the following: _Ll-� Approval of application Denial of application Signature of City Official: Date: Signature of Police Chief: _____________Date_--/ '� Subd. 4. i.icenne Regulations and Restriction.. A. Profits shall be used only for lawful purposes authorized at a regular meeting of the licensee. For the purpose of this subparagraph "lawful purpose" means one or more of the following: (1) benefiting persons by enhancing their opportunity for religious or educational advancement, by relieving or protect- ing them from disease, suffering or distress, by contributing to their physical well-being by assisting them in establishing them- selves in life as worthy and useful citizens, or by increasing their comprehension of and devotion to the principles upon which this Nation was founded; (2) initiating, performing, or fostering worthy public works or enabling or furthering the erection or maintenance of public structures; (3) lessening the burdens borne by government or voluntarily supporting, augmenting or supplement- ing services which government would normally render to the people; or, (4) the improving, expanding, maintaining or repairing real property owned or leased by the licensee. Provided, that "lawful purpose" does not include the erection or acquisition of any real property, unless the Council specifically authorizes the expendi- ture after finding that the property will be used exclusively for one or more of the purposes specified in this Subparagraph. B. All gambling devices and the conduct of raffles shall be under the supervision of a single gambling manager designated from and by the active membership of the licensee, provided that such gambling manager shall not act as such, or as bingo manager, for any other licensee. C. The gambling manager shall give a fidelity frond in the sum of $10,000.00 in favor of the licensee conditioned on the faithful performance of his duties. Terms of the bond shall provide that notice shall be given in writing to the City not less than thirty (30) days prior to its cancellation. By unanimous vote the Council may waive the bond requirement by including the waiver provision in the gambling license issued to the licensee. A person may act as both gambling manager and bingo manager for a single organization, but a gambling manager for a single oroanization shall not act. as either a gamblinq manager or bingo manager for any other organization. A gambling manager for an organization shall be an active member of the organization. D. A licensee shall continue to qualify within the definition of "eligible applicant" during the entire term of the license. Failure on the part of the licensee to so qualify shall be grounds for revocation. E. No compensation in excess of $25.00 a week shall be paid in connection with the operation of a gambling device or the conduct of a raffle by the licensee, except that a licensee may elect to pay a percent of raffle ticket sales to non-profit organizations selling for the licensee. F. No person who is not an active member of the licensee, or its auxiliary, or the spouse or surviving spouse of an active member may participate in the licensee's operation of a gambling device or conduct of a raffle, except that the licensee may utilize non-member non-profit organizations in raffle ticket sales. G. Nothing in this Section shell be construed to authorize any use, possession or operation of: (1) any gambling device which is activated by the insertion of a coin or token; or, (2) any gambling game or device in which the winning numbers, tickets or chances are in any way determined by the outcome of any ❑. The gambling Tanager shall account for all gross receipt:, expenses and profits from gambling devices and raffles, be responsible for the operation thereof, and filing all reports required by this Section. I. Each licensee shall keep records of its gross receipts, quantity of free plays, if any, expenses and profits for each single gathering or occasion at which gambling devices are operated or a raffle is conducted. All deductions from gross receipts for each single gathering or occasion shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deduction, and the recipient. The distribution of profits shall be itemized as to payee, purpose, amount and date of payment. J. Gross receipts from the operation of gambling devices and the conduct of raffles shall be segregated from other revenues of the licensee including bingo receipts, and placed in a separate account. Each licensee shall have separate records of its gambling operations. The gambling manager may be the bingo manager for the licensee. K. Each licr isee shall report monthly to its membership and to the Council its gross receipts, expenses and profits from gambling devices or raffles, and the distribution of profits itemized as required by this Subdivision. L. Records required by this Subdivision shall be preserved for three (3) years and the licensee shall make available the records relating to operation of gambling devices and the conduct of raffles for public inspection at reasonable times and places. M. Except as otherwise herein provided, gambling devices shall be operated and raffles conducted by a licensee only upon premises which it owns or leases except that tickets for raffles conducted in accordance with this Section, may be sold off the premises. N. Total prizes from the operation of paddlewheels, tipboards and pull -tabs (or ticket jars) awarded in any single day in which they are operated shall not exceed $1,000.00. Total prizes resulting from any single spin of a paddlewheel, or any single seal of a tipboard, each tipboard limited to a single seal, or from a single pull -tab (or ticket jar) shall not exceed $150.00. Total prizes awarded in any calendar year by any licensee from the operation of paddlewheels, tipboards, and pull -tabs (or ticket jars) and the conduct of raffles shall not exceed $35,000.00. Merchandise prizes shall be valued at fair market retail value. O. An organization which directly or under contract to the State or a political subdivision delivers health or social services and which is exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code, as amended through December 30, 1981, may award total prizes in a calendar year from the conduct of raffles, in excess of the limitation provided in S+,hparagraph N of this Subdivision, provided that the prizes consist of real or personal property donated to the organization by an individual, corporation or other organization and, except as hereinafter provided, the organization complies with the other requirements and restrictions of this Section. An organization defined in this Subparagraph is not subject to the membership restrictions of Subparagraphs C and F of this Subdivision or Item 8 of Subdivision 1 of this Section, nor is it subject to the compensation limitations of Subparagraph E of this Subdivision. • • 12-6-84 PnooUCER CAHRIER UNOERWIIITER National _Guarantee Lyon Agency, Inc. I'OLICIES 09 PROGRAM REOUESTEO 1421 E. Wayzata Blvd. Prize Indemnification Policy - Limit of Liability $10,000 Wayzata, MN 55391 PLEASE INDICATE THE SECTIONSATTACHED ❑ PROPERTY ❑ GENERAL LIABILITY ❑ UMBRELLA ❑ GLASS &SIGN ❑ BUSINESS AUTO ❑ ❑ ACCTS. REC.NAL. PAPERS ❑ GARAGE ❑ CODE SUBCOOE ❑ CRIME ❑ FIDELITY ❑ TRUCKERS ❑ ❑ TRANSPORTATION ❑ WORKERS COMP. ❑ POLICY• ❑QUOTE ❑ISSUE POLICY ENTER THIS INFORMATION WHEN C014MON DATES AND TERMS APPLY TO SEVERAL LINES M 9OUND(G,WO.I..W,1A„rtNCc,,) PROPOSED EFF. DATE PROPOSEDEKP. DATE BILLINGPLAN PAYMENTPLAN AUOIE 12-6-84 ... 1-29-85 1-29-85. - IAGENCYRILL DIRE TRILL • NAME Orono Hockey Boosters A .. --Terry Feldmann's Imports, Inc. .. MAILING ADDRESS IIm1YM Zip CpaPl _ - M a 9 ❑ INDIVIDUAL ❑ CORPORATION ID OTHER IDESCRIBEI IFFIA. BuS..E51 ❑ PARTNERSHIP ❑ ,gINT VENTURE "— INSPECTIONICnvscnPMml IACCOLWTING RECORDS ICpmMNnan•I Dick Raiche, Orono Hockey Boosters, 476-1601 UP • STRE:- CITY, COUNTY, STATE. ZIPCODE INTEREST WEBUILT PART OCCUP'ID I • •IBMF The insured is selling raffle tickets, for a chance to win a car valued at $10,000. Ten tickets will be drawn. The holder of the ticket will then be asked to shoot a hockey puck at a hole cut in a board that will be placed in front of the net. If the puck goes through the hole, the shooter wins the car. The named insured agrees to the following stipulations: (1.) The hole in the board will be VxV. (2.) The ticketholder will shoot from center ice. (3.) The ticketholder will get only one shot. (4.) A referee will be positioned at center ice and at the goal line. (5.) A representative of the named insured will witness the event. • EKPLAINALL"YES "RESPONSES Yw MOP EKPLAINALL-YES"RESPONSES IV. NIP 1 1, tM.pynpM. w4,0u1Y o1.MIMr mn1Y pr pow . AnY E.,NnnpM upowr0 n ❑ m..PPIK.nI Mre .nY we,reN.rw, N/A ❑ ❑ B AnrPiMrrrrW.•MY w.m lm,Pwr'wM p•MnP wl,mnlrol C Anr rolRr w cpwl.w pwnme, nmPlNe p, N/p o-r•n.w•p por mOlM prmrlq.n> ❑ ❑ ] N • mrw•I mar woewn M epwnron, ❑ ❑ B ❑ ❑ AnY ..pown ,o ll.mrMOb. Upbuvw,FMmruN, REMARKS The ten names will be drawn on 1-27-85, at 1:00 P.M. The event will take place on 1-29-85, between period of the Mound/Orono hockey game, at `&WZd ' F.,,d Q9(ATW Annual premium of $2,000 has been received. "'1 IL AN I'S 1 / / PPUUVTI {15 4 I .4AIHRf �..�• .'- Sr4 NAlUN1 Trh Phunr 473::I1. nMpan h: iJJ NAZI 911 City of ORONO P I t❑f— N'n 96 • Crrnlxl Ha>. iLnna..gx'V. 12a • Mur.,.Pal U1h,r. On the North Shore of Lake.Minnetoaka Police Department January 2, 1985 Orono Hockey Boosters Box 205 Long Lake, MN 55356 Attention: Mr. Richard Raiche Dear Mr. Raiche, rAh Jn Nlllo. hn.r In.nt 1.k., 1U V. ne MA All ElfJ Chrf m rake Re: Raffle Licens.- ADDlication I have two questions that must be answered before I can approve your raffle license application. I must inquire if the "Orono Hockey Boosters" is an eligible organization as outlined in Ordinance 5.23 Section 8, page 110. Please read this subdivision and reply with necessary documents to be qualified. Also, please answer whether as specified in Section M, Page 113, "Raffles conducted by a licensee only upon prerises it owns or leases except that tickets for raffles conducted in accordan.:, with this section may be sold off prerises". Your premises are owned or leased. Please answer before January loth if you wish Council action on January 14, 1985. If you have any questions, please call me at 473-7710. Sincerely, )IrrC..,. KJ�� Melvin Nilbo Chief of Police MK:sb Enclosures: Pace 110-113 Orono CC 5.23 INTEPOFFICE MEMO 84-18 DATE: DECEMBER 21, 1984 TO: SCOTT RICHTER FROM: CHIEF MELVIN KILBO SUBJECT: RAFFLE BY ORONO HOCKEY BOOSTERS THE ORONO HOCKEY BOOSTERS, REPRESENTATIVE RICHARD RAICHE, HAVE Y',F'PLIED FOR RAFFLE LICENSE. THE RAFFLE IS SCHEDULED FOR JANUARY 27, 1985 AND TO BE HELD AT THE ORONO HIGH SCHOOL CAFETERIA. THE PURPOSE OF THE RAFFLE IS TO RAISE MONEY FOR THE POND ARENA AND ORONO HOCKEY BOOSTERS. THE PRIZES TO BE RAFFLED OR AWARDED ARE 1Y85 SENTRA, !}50i'V1 ANC A IvB; PICY.UP TRIKI :45^9"11. THEY HAVE A 319,CA!'5 SECURITY BOND ISSUED BY LYONS AGENCY. THE CITY OF ORONO CODE CHAPTER 5. 'SEC. 5.23, PAR 5 STATED. "RAFFLE" MEANS A GAME IN WHICH A PARTICIPANT BUYS A TICKET FOR A CHANCE AT A PRIZE WITH THE WINNER BEING DETERMINED BY A RAIIDOM DRAWING TO TAKE PLACE AT A LOCATION AND DATE PRINTED UPON THE TICKET. ACCORDING TO THE INSURANCE APPLICATION BINDER, FROM LY014 AGENCY, INC., 1421 EAST WAYZATA BLVD., WAYZATA, MN 55-191. 11 STATES THE INSURED IS SELLING RAFFLE TICI;EIS, FON A CHANCE TO WIN A CAR 'VALUED AT }lY!, Vtn!. TEN TICKETS WILL SE DRAWN. TIIE HOLDER OF THL TICI"El WILL THEN DE ASI.ED TO SFIUUT A HOCi EY F"!CK AT THE HOLE CUT IN A BOARD THAT WILL PE PLACED IN FRONT OF THL NET. IF THE PUCK GOES THPOUG'H THE HOLE, THE SHOOTER. WINS THE CAP. THE IIAMED INSURED AGREES TO THE FOLLOWING STIPLILATIONI 1. THE HC'IF- 1N THE BOARD WILL BE 4" BY 2 THE TICKET HOLDER WILL SHUCT FROM CENTER ICE. 3. THE 71CK.ETHOLDER WILL GET ONLY ONE SHOT. 4. A REFEREE WILL BE POSITIONED AT CENTER ICE AND AT THE GOAL LINE. 5. A REPRESENTATIVE OF THE NAMED INSURED WILL WITNESS THE EVENT. ACCORDING TO THE LICENSE REGOLATIOTIS AND RLSIRICTION'_, SUBO. 4, PAR. C., NOTHING IN THIS SF.Ti1011 SHALL DE CONSTRUED TO HUIHUR!_E ANY USE, F'USSEGGTUN OR OPERATION OF: 1. ANY GAMBLING DEVILE WHIC11 IS ACTIVATED BY THE INSERTION OF A COIN OR TCIEN: UP., 2 ANY GAMBLING GAME OR DEVICE IN WHICH THE WINNING NUMBERS, TICKETS, OR CHANCES ARE IN ANY WAY DETERMINED BY THE OUTCOME OF ANY ATHLETIC CONTEST OR SPORTING EVENT. THIS IS NOT A RAFFLE YOU ARE BUYING A IILI ET TO BF: ONE OF TEN PEOPLE WHO GET A CHANCE TO SHOOT A HOCKEY FJCT 70' TO 40' INTO A HOLE 4" BY AND MAY BE A WINTER OF F. CAR. THE EVENT WILL TAKE PLACE ON 1-29-85 AT THE HAROLD J. POND AP.ENA, MOUND, MN, BETWEEN A F'Ek10D OF TFIE MOUND;ORLWO HOCKEY GAME. Mr. M. H. Kilbo, Chief of Police City of Orono 44+ Willow Drive Long lake, Minneaotaas34 January 10. 19W Re, Raffle License Application Orono Hockey Roosters Dear Chief Kilboi This letter is In response to your letter dated January 2nd repeating more information on the rh�ono Hockey boosters organization. The Orono Hockey Boosters Is a tax exempt 9r01-e3 organization which has been in existence for over j years, its purpose is to p.omote the Orono Hockey program through education with emphasis on good sportsmanlike activity. We currently have approximately 200 members. We run many fund raisers thought the year and the procedes go directly to the hockey program and to pay for the Pond Arena. We currently lease space from the Orono/Westonka Sports Center, Inc., another tax exempt group of which we have representation on the Board of Lirectors. The Orono/Westonka Sports Center, Inc, is the same as the Harold J. Pond Arena. The persons that make up its Board are the same persons that make up the local booster Boards. The Pond Arse Board currently oversees nearly 60C participants, including the Orono and Found High School hockey teams. One of the purposes of the RAFFLE In to reduce the debt on the Pond Arena. We are rej �,Ired. as part of our argent zatlon, to do a fund raiser annually for this purpose. Very truly yours, ORON�O HOMY BOOSTUS �Rtfhard L. board of Directors �r CITY OF JR JV7 64" D 9M)D Jisle CR OSST A IOERS01 3L 31 919031 BENSON AR 1? 1587.44 8 J(J2 IEN 54 31 $67451 54 INEP CA 91. 116.00 BRINKMA US JF 42 1375.28 SUnMAST.R 41) S1 1143.69 CARLS3N gJ 72 1)36.54 C4:SYICK ;3 SI 1133.70 Eid ENBLOG 31. )) 493.61 ERICKSO4 )J +3 ;.10 =?I:KSON <R 31 118).)1 Ft ITZLFR J1 31 1797.58 GAFFRn.N K1N SS 766.14 GLRMA ROS ON JR 42 1314.'9 ;R:ENOUIST 10 9], S4.J0 G3E40PY J7 42 982.76 GP:FFITMS 1E 31 1135.52 4DLLT4 )K I2 786.78 M A•1S EN ;C 42 893053 M: NS ING 7J 31 73C.88 4i`14I PIG J6' 0). 47.35 K:3JS =4 ?'. 56:.64 J.:JRS TJ Si 72106 J)"S 61 97 ).79 J)wNS)4 al 31 1355.68 K: L6J '?i 31 1414.24 K:RNTCZUK K 31 1177.59 K'IU 7S 11 :4 15 555.6) <RIMMEL )L 93 ),^O KUEiN 'K 15 1235.28 LAt T 1,1 JC 15 786.]s MA 5JST-4 J4 13 1174, 38 ,NANUEL :K 7^ 534.80 KC3Jj4N LR )+. 1]11.74 4^R9UCZYNS J 31 1765.68 NAO;S FT 61 772.38 '1A AR TL 12 575,12 GAS 1O 73 7.1^ 3Bn IE44 1I. 42 1.'7 )RAN LE 51 51% )l 7�4, a 6, :17 31 ].:7 31 /755.58 '_ON JI 11 •125as! �•i)7) 3J to lei. 71 144.7 44 72 i74.41 R)1:RAFT 1E )1 J.J) SA;S J1 42 197.34 SSLLNER 73 n.J0 5S 40 441.54 n - v 1 )iJ3s c6U tt MEETING 717.?1 SirT,A4 667,i1 JAtI -,4 5r 176 115,1) 1)75.?8 1443.SvCITY OF ORONO 1335844 1133,70 497.1) 113).71 1 )97.69 966.13 )3141;9 $A, it 782.75 1135,52 785.)V 59),53 2310111 47.45 56J.14 72•.55 8 .n 1163*11 1414.24 1)d7.63 585.53 ),;1 1735. 23 "ill 74,43 334.:0 1311414 1)65.)3 772.58 i75.12 ).:) j. ) f i55.53 7. 1125.52 161.•3 • 74. 4i 1.^) K82.?4 191.54 CTv CF -.JJ 3 s r E4PL-NO '1L•' D'9 GR)SS IRIS. FT=/ALLIJ S41TH JA 12 1/151013 1131*71 STETEN4A3o TE 93 7260EJ 'J2S,)] STEVE6S AG 9S %no J,:D SJTTON PE 12 3974!3 W032 T)MCIT4 4j SI 1)91068 1)Of ,58 ' C)JNT ^FAIII 3C,T4T,15 FAIO DOO45 T3TA, I3:.57 TJTI� TOTAL FI:A TAJP 3RO3t _ ?:9373v 21 E4=LITERS F[: A = GROUP ur ALTIo B = PIWSICIANt[ 4=A.T4 PL14 C = BLUS :P)SS/30' S4IEL) D = 11E3ICAL CE4TEi PLA4 E = PRUDENTIAL F = COOP79 45ALTI :SAE G = MINNE3"A 147 4 = TRANS•AME2I:A )::, 1 = PANRER= LI=r J = =JTUAL itlV"C S 4 = MUTUAL `F 14Ah4 L = EMPLOVE:IS 1E9EFIT M = AETNA N = NICILLET EITiL = LEAGUi IF C:T:ES 2 • 4EALTM :ARE AA:NT A::T, 42ESING 40SAp .33r F)R SOME E42.4S CTY vF )?31, �- -- EVPL-qJ VAY- )IV G3 n55 ;2)SS ErP/4_L01 A;AMS L 11 22D.0D 223.I0 AD.KS T 11 223.00. 22).33 °i SUTLEF Y: 11 22500 22i.JJ It FRAHN • 11 220.10 ?2).13 G?4yEK J 11 - 323.3D 22).)C -- MAMMEFEL ! 11 ).00 !.)) E lUtlI G'Ar'7 1�155.J! CAn .illl,j TJTA_ )J)06 TJ•IL _ TOTAL FICA T.V ;iiIW = .)T ?v+lIVE4S F(: 4 = GROUP MF4LT4 S = PHYSIC 4Y05 VE4LTM ML44 C = SLUE CR3SS/905 SHIED 0 = MZ)ICAL CE4TE2 PLAN E = PRUJEWIAL F = C"*D. IFALTV C4Fc H A Ta 4NS-Arr 91:4 0::0 I A SANKENS LI=i J = MUTUAL SERV!:I$ K = MUTUAL IF 1444-A L = EMPLOYEEGS 9EICrIT M = AETNA N = NICILLEf EITEL = LEtiVE OF :ITIES t•ol 2 A MEALTH :4C 44INT 4::•. 'I NISSING MOY, C)OE FOR SOME EN>VS Y \ate Kry fl of )3r•br[1 a]tia6C Jt•lln-]Lf•IS tlLIN:L :f tivy�1fOlIfS tug xC•/M9i ain$ }.a}rssra ��y .•soft a l.ltf-)1 �Lyr� 1•' xc/tt• .vovu nL•v nfrnarn rmnac fl-uA•lra•n •frr ,.!1 _. xEI}N 11I)l/fi _..—_.f!.)e Il.h _. -- SJS Ta Sf f1 o{j}t•Uf.3f �MYIL �.. M/t}S-_. ..1/]l/Lf _nvMl(rYl___ r))rV �f rrl _- _._. _•W iLOC--._�f17if-LlLfii— _ Lp-KIT K'n!S :1/LJ/p Lle •IfrnU rCl IMf Uf rALl n •inM fl VLMtL "( _I)SL9fd_____.__°)(II➢4 ._�attf_.t#.}t ;1 4}!]). ;i/.`/H - - - _gt01.•1 _. fli0f CO)}•i_ .LLff f( SZE tl_ _ --- - rl •a}tf•{Il[•3__ M 1tL -1/:1/f1 tl af• fn Uit CO]af1 )I): __ __ rl •t tlb 5l {•q _YLlLT - IILwLL g rZl ), ,1/•S .n) sf].•) ll:f]1 CJ)•[S 11 IISCr n-LSIt-IIS•)^ •LVK KrL, p/VAf _ 4.ni• 111913 COI+CA_ 1: t:SC DISC n••nry•V Sc1 • •� x[It)1 it ry f/Sf Jf'.y ') °I ILLPf L1 YY{CM n•L Sl]-515•q ra1YLL_ - K'tll J/J H) ') 11:.L:°I _:] 9'IC I1.L •II-SIf-): )CIN LL 'Krlfl .i/11/tl it i.•.- :) L:LLI•S ♦:Y: >Un:V n.lil t. 5lf•J: rLW it - [ VCItJI .V•3If) 1`•nl• v) r••L L:*i •.'1_ )I9i }bl•11-SI S•1J V awaL.__ ,'• xCI Lf .V V/e1 s}t.l] J1.410v We .: r' •Y•C. n•a 11 1-111.•1 •LQK.. K/!ft nryr) Ir. �t• rnvur )us .u= ]::: n•a nt-also- - __ vwK •a,t• • wCM3l QI/"lAf otn .') o/SL:rY oils Lao ••.n:x - n.{eff-fif-fl y9yy -- K/!Sf .1/ll/•4 H.1)- Olt-Ib Y: rS L:1 J:9: IS fll-SIl.01 Klij. ir`!nf la.a nr ll: Yf .:L•. fiC :Latq•Va)t VNK SS.)r VCItI) Il /-f of ULiI O]Kf•f Y•`f L•) °A:• q.a NJ ytf•OJ IIwu e. K/t1i JPS/ff 11 .!1• aI4;1t Ybt .:a 1a: n-N A•fl f••1 nawK. _ mu• a«(tli r nt•t) eYll I` fIIIL )CM C{aL N\) _ 4ntq.n rJrl nl Af1l L:IJY{ 1°tRV:M ^J I] .•1 eJrp n1 qrq L: a:• Yail K rIY) W81.7• rlrll .. _ I", CITT Of ONOMO CNCCN ICCTSTCa . l"111, u 110914 5 I1.II AT&T TN•0 STSTCH TrLEr NINE •A la)31@ /09/Sf A.fO AT&T tN'9 III TLk- HONC.-- li>-O�T00J7T79.17 _'} _-_1EL,p \Tsi IMFO fTiTCN TELVNOMC msQIO 01/n9/IS ITST II10 $727[N tMEZONC _ 11531T 01/O9185 11p.a9 tit 419T 0%s151(t___ {L. r: LCrH_ONL__. - T •.•••• _. 305314 01/09/45 162.2�6� ALL : $III LOCTNCC s0/s10s NIT L0 !0)1♦ 01/09/S1 � -__11C�.lT--_f�"[L�Tstn ,. 01.1/-8/ past 1' ./320.019-12 `. n-a 120.30-12 - - 01-a us.sM•O 'Y rr•uµ-Hitt- _ .. SAM). u1/09NS 1a03 •1 s T 19-2 STITCH TEl[.NON[ 11.1120./1S-N • mbb .so _ Illev s1 1.19 _ of a t 141) SIM" i[LCpwv%C H-1370-S9h17 21. 17 u - - --- 161119 .1I)9/92 119.10 C11L 1 Ix,ial )N 113: sr INT SUEnLI[s • nr. f0 • - xfR1" - .109195 "liai - _" - lu[99.Tu L S"I IT BLDSIG40S • 38436. .1209ISS 33.10 N.613gaN [ All, 'IT OL2c I611OT P.70 IT.)s- - Cat( •21EI a COUP Elul- -Is AIMS I - /p1n0 vl/711q 413.11 C18 ram s !pulp HIT Use CUT. sts.lt . ^ 10112 .1/Islas - I/4.53 C1•, OW .. INC O2, IUMLIES • USIA? .1/7vp 11.10 cw lip •T III: 3„ 301U[S 3SI 119 •1/l9/6S Is.,, C1.1 lY •N TNC )„ slrrLICI A51.2 .11,9145 Is- I'll 1l• •• 19-. )l, 11--LIES 1» 1.t .1/^vas 61.11 .. ... •, IHC 91, I"PUTT 1111.2 d,Is/15 .12 f r 7Y.•• M: 11 Sd1ILli1 .. - 16511t .1/C9/i1 _.. s9,S) - - '-•! Ou. A. INC 31, ilpptl[f • 90141 :1I••/H l.01 trp TWA .a [I: )II 34"Ll[s us 111 .vIaf 91.I c!_s Iu+•N INC ur sUP LEE Sfitlt .1I(9l •• - --- _ ILi - C)., tO• •a 14: ),1 aunL11s 1,1111 .1/•vq> 1.16 C9at TV A II. )I9 1p9ILICs Ot-1233419.42 01.I143. M.1I I1.1113-511.90 01-1232. 249-12 01-a112.219.12 01-4210-330-12 otN210.144-1 r 01.1t10.3st.11 11.a H741h 1 S 11.1210.11•.IS 01 Nt17•I A-)1 )INf10.1t9q( - - - 31N210-is••A p+•ltlo•v1-!! 3+.u10-u•-1r n-arlo•fn-•o ....COS city or CYfu mlSla 01-laes PAST 2 A, I!1301- trTN DESCRIPTION ACC3OY_?_10. INV. . P.O. . NTliAj!- MSLr C LRICCSOM _ orr tUP Lt[3 _.O5CrT-PRINTOM - AS1f3slus gt M4 1-4301.OH-1A •'. )N 25, 111041Q 1. 23A.1T ortatAl. •• S RS occus 1 .211 �)�--- __-Evil- I'� � 4 .'• 302sr Ot10sISs sf.gi oEM44495OV/Jan. NJ PpCNC 01-4392-220.11 ' 141250 01/C1145 45.1$ SLEM4030 110LCMOOD UTILITIES 01.4126.04g•tl ---- -- -------------- ---- ---. --. .. ---------------.. �-. APAPA.. its 4 120.25 4 4 1 )PlTtts ICAAINO AR 31-4221.2 0-42 - - --- - • N1211 J110914$ 23.11 4 4 1 SERVICES ST "I SUP 01-4115-260•42 4 16/112 .1PDg5 41.21 4 S . DCIIIICEi Ptt ML021ORDS 01-4A)-OfV-1) _ _.-______ ..1 ss.'S .. .. - .. - •- 4 _ _ .... Cog F• usl-.3 Iliom Id10.)) Nr NN :tr •1M JIM JAIL :11!S 01.USM]N•U 4 1.411.12 4. ...... •• .•ENS 4 34sP g- -- .1Y4183 111.52 .!NM ET1 ).EIIPY 0•, Nw N:S: COJtY O1.4312-129•31 -- - .• Nis.! .1I^9H3 581.S1 .:NM It, FICII•P YT JAIL :40f1 OR-4/S6.3N-14 _ '$loge . .. ...... ....... 341121 _. ..11101AS 40.1/ J)NVs Hurl SJPPLV COUINPTSIA.rtSS 01.4132.121g1 - Milt J]I01161 1)).11 J"41 SUl) SUPPLY [owtPINTSIACCEIS 01.4232-249.42 A .._ -... ._ .. PAPA.. •... Cx) . 5/11•t .11"IS$ i4". )1 - N 4 R R!MIOLs MOO R4 UTILITY '1-4514-4IS-911 0.39 --_._ .__._.-_--..._ .-._. ___._-. _. .- .._ .;..CMS Nf1/4 J..11]V10 14.V MTLS)•1CL.t4 Mfg CVC4SC 01-4382-119.51 _ ..- _ - IM.MI- ,. PAPA.. .....as �•. N5511 ... . J1109101 3I.11 xj!4q.Y.o44s TRAVEL.MILE&OC 01-471E-069•I4 • CRICK RESISTER y , A LI 31114Cl 01/OVc3 u leuRG [nrlorE , 01 It ISS PAGE.1. Ta\ril•AtLPK 1 172•4101-549-+1 •'a `0 ' JRR ILLJILEA sr 73.�}F L-S1i32 aASG/WGL 01.4322-099•14 ..••CAS � race 0200 CRISIS 01-43+1.249-42 ; C IS .L1/09T7i__-.._- SOW LA /)%0 -nACi --- ••II. 21't ACCESS --"- -- "O1-A232-54"I - __._----- - .. 3NH+ W/0+/Yf I14R LOAM LC r)10 TRACTOR ITS ACCESS )2-A132.f1MH t{f.l is InAG L< r>r0 TRACTOR ENID LW2. 2I5 ACCESS 75J272-5IS1•9L r ..... • •' 3olt4l Ot/OR/GO 160.11 LOAM LIFE T12C MS RISC Cout. Ob{lAt4ISM2 • • t., ...... • - ses\be- "-7f1Qf78T---"--- r+r.IY" -- - surlrs nlr{APL ee •• r+r.sT . 3e34/3 -•)/rtiss Q:.'S PETRI J\STr-04700L 3e5490'_- .1/^+14S /N.tt rt RRLA NC) 31I49r II/C+I+jj N.2)_ RT"rGADlC) -- 163490 l.fe.rs . - s/i flC _ .tI!Y/RS __-. __ 1).7) n•rLU q.1 COr If.RO . • �•• 361$Aa .11.9/85 Lfe YIr\i.r nu Or ARr • - ISA, )N ,1/O+/IS$ LI footff- 1).1/ 404310 A110rAae -. 365549 .1/po/GI 1.13 YAPNAO FIIMrAIe nwAlir AISMYAAC AUTO AA/ 0I-4341-119.31 - • ..._CIS SCR 4r4:11C0 01-4eso-lvs-23_ JTIUTIC I 7r-\ I1H)q• A a JTILSTICS - .1-4324•t2o-31- UTILITICS II-4324-S49•+1 a ....E<: COrr21C+O1Li OLLll2•/2P•.1)...__ _- < fLOM/0431 If SW 01•4231•3011-1T eLOa/aa0s Al Sur__ 01-4 ❑"-*•EL rWV/•TS/ACCESS 01-{272-029-31 - — CWIP/PTSIACCCOR O1g2F-t TM 73 �, 1994 CITY or OROND :HECK MINISTER of-14-95 PAYE 4 CHECK N1. Ja rE n1u1T rl1Da tt R DISCRIPTION ACCOUNT s[ Y `•V-'� {RS �DSSaI JI/wI1! 44.14 NAYUM0 M11011OC C•ITP/PTSIACCCSI 01-4232-249-42 - • --7T70A7S el I09ISS 6.54 ---2Sai--NAYR MAPAIR• MUOYAII[______!W39IR TS/ACC[f7 R-a2l?•SN•91 M- NMOYRT[ [f01r/PTS AACCESS 11-a232-569-V2 III Is vW9I4s 17.59 1AY44RE HARDWARE KOO/340S MIT !VP 74.4131-590.93 o 101.05 13350�'7='f'rfhip .5529 71139/95 16I.lt NIP UTILITIES 01-4324-129-31 3&SSI9 •1 /09/SS 235.94 NfP UTILITIES 01-1324-249-42 YTILITIC�---Ot=as2t-2i9si - " 361339 U1/O9/13 1.131d3 NSF UTILITIES I2-4324-549.01 76"551/ 91/09/8% 672.17 "IF UTILITIES ILIEf 1273--74332 UfILf1IE54AI 24----------- LJ5SNN=-•92i - 3115559 3I/39/15 7401 lisp UTILITIES /4-4324-500.0 • 11/09215 - -- - {S.IC-- 414NYESTCMN YELL • % *15I0 :1,00111 61.14 RRRf1HCST-7IR RILL - 3115/n -3135/0 1/C0/Ys $3.29 MRITIYESTlIN BILL - )IPN1E7-----I2f.50 - VArIrEST!14 K:L- • is$Sri Ir1/09/tl NJi NIRTHAESTCRR BELL 315310 11209/81 $1.63 NJRr RY!sr!IN BELL Sssfro"- J1/09/15 -'-"- -- IS.?? "ATWIr!IN SELL • »ss2Y Y1/09195 1409 1NT14CIIEIN YELL 3,15" IfI79IIS 1I.-0 "f1YE1t!1N Y!It "- AMU -"- 41"007/3 ----- Ft. I? 4)ar5MEs1!iN BrL' •� Dist!). •t/09193 99.13 114NYEfTE1" YELL its SDI 91"WIS 1.-3 -ERA SS539/ :1/19 /Is %.33 PltA J%5501 .11,918t - - K.73 - vrAA its S91 d/i91s1 t2.13 e!4 36311I i1110151 I093.!6 q14 7S5191 -'- J1/09/Ss 12.15 - '[AA • it 159I JI f"Is$ 261.92 PER& ., 35551/ .1119 r/s W.a1 eeAA it NI .f/19/Is III.St -tAA SUs9I •1I-9151 .P/ P!AA 51S sot .I119IPs 21 a.11 PrRA •' 351$At .1IYas IYA.s/ PER& 3ssl91 •1/09/1s 130.)r P[AR 355591 - ]I1.9Is 1- - - 129.19 -- PERA f�•:, At 159I .I IMgs as J9 sgRA 11I ...... • 1CLCPNORC MCPHINC t CLEPN3MC rCLEPMNC T CLEP"34E IELEPMORC 1 ELVNORC TELEPHONE T!'.[PRONE TCLEPHIRC AOr CM T 151RB PIRA it-tI to t2.10 P!Ra 12-11 TD 11.33 PER* It-?? TO 12.10 •!IA 12-17 To t2.50 PCRA 12-II TO 12.33 P!AA 12-1? TO t2.50 OCRs ISII TO 12.13 •ERA ti-17 To 12.10 -ERA 12.17 TO 12-30 ar%4 12-1I r7 12.13 PEN& 12-II To 12-52 _ P!AA 120? TO 12.30 PEAK 12-1110 12.33 PGA 12.11 To 12.50 PC%% 12-17 To 12.33 PrRA /2-It 10 12.10 PER& tt-17 TJ 12.53 01-4320-339.12 01-4320-019-N 01-432a-060.15 01•4320.129. 31 01 d 320.1 Oa. 73 01-4120•1?5.34 at-4320.249-42 12•4120. SN• 11 23-4320-Se9.92 14-4120-SOO.95 r A.a 323-500.95 ...-CRS ....C11 O1-a1N-030•Ii " O1-Nal-Sao-13 01•NN•]SAN 01-Na1-3N•tY- 11.4 14149M11 01.411.11 . 11 Ot.N4l-01S-9--- - - 01-R141-121-11 01-4141-12&-11 _ 01.4fal.Il4•33 01-4141-115-35 01-41al-2ar•a2 01-6141-292-61 . - - - -.--- /1-ata1-SIS-90 )1.4111.519.91 - A -a N1•Sv0-q u«CH9 I 1911 [ITT OF )NGNO eM xfAia J1/Y/aS - Soft, N/VIA 31-3A2A .,.-vn$ �. x3529 .1 /ovlu -H5f70 .1/:Vitls- brs.• 1.11,9145 CIi:N 4LGISTCA 1.15 PEAS/S USA IS:S 01.14as 110E 3 . •_CS)_ _ $I$.)] PO•IIAM MAIK C Assoc NET At Got 01-4301-080-16 3,1Fs.ee F3!444 MA(i_t_AlSg-_COOET_APPEAL-___--01-h301-0So•[0._ - - " -34.53 FJFMIM MAtr S 4130: LEGAL COMAILT Ot-4303-020.11 54.5o -1144, MATE { Also: LEGAL CONSULT 01-4 303.040-11 241.1f •YeAM UTA S ASSOC_- LCSAL. COMAILT - 91-00¢j33-33_ _ 51S.1) J."to MAIM a Alto- LEGAL C3MAILT 01-4303-840.71 S11.5) YItM MA[( s AN$" LEGAL CSMSIILT 41-4501-402-02 1S.T1 mIf MA. Molt A ASSOC_ LEGAL CONSULT.. 41-4303-405-00 it. )I -3•4Vf Mtc S .ISO: Lc1AL COMMIT 41-6303•410.00 l5.it "-a,. Mttl A Also: LEGAL C04SULT rf.430.549-91 11.11 FO•.{• MAft A alSGC _ LEGAL C01A0.T__ - TS-4333-569-$._ 5,351.8s . 11.10 PISTMASTEI POSTAGE ... 01-4111.039-11_-. - 11.-i MIST.{SfEI F31T43E 01-432t-129-31 2t.10 il3STrirtci TtOq _ Orr (oFJ]Jtl. Ot-t110•li!•11 _.__.___.____ enY. l •• lei nt u1ICv/Ss +s.09 Sr tom is c01 ro • bslfe 'J11SV/,s 7.S1 _ St Tt[u IS C31 FO - 3.5112 .11-9185 /.13 $T Ticks II :31 10 46511E ,1/N151 15101 1f focal is :I, F1 - 165112 J1/^915s Is.ss SI TEEAS 35 :)I FO 5011t _ J1/^9i13 6.33 GI TiPS is :0% 13 30112 it 1)9/M5 Sol r11 Sr ticks t1 :21 FO Jos 11E :1/79/15 1.2I $T TMCAl it :31 10 5As It ,11-9105- 544.19 - AT TL1AS II Ul 10 b5111 it 1"1 ns SF.sl sr Tocq is b, Fo 50511E ,11"9115 97.1S Sr rSCAs tS :11 FO 35E111 -- -]lipt/hs - - lY.t! at TEAS Is C31 IO Us 112 311AOIRS fli.)A Sr Ticks is .31 FO ifs lti as n.95 If Ttsil Is CTV -0 ___ __ - _ 1.412.15 FICA IL7 To 11-5) 01-6142-039-112 FICA It-t to 11.30 01-4I42-040.13 1I.A It-? TO 12.33 01.{1 Ala Sb It FICA It./ 13 It-33 01-4142-06V.15 l FICA 12.1 TO 12-5) 0L1L2.OVV.1t FICA 12.r TO It-5) 01-AH2.111-31 1!:A It.? TO 12.33 01.6142.114-3/ l PICA 12.7 TO 1t-3) Ot-41420 S.31 19:4 12-I 13 Ibs] -1-4112-249-42 FT:♦ It-? TO 12a3 01-4142-190-61 FGA 12-1 T2 12.33 f1-4142•SIS-90__-_.._ FI:A 12-F TO to-$)- n-4141.54%01 FI:A it-? To 12.30 F1.AlQ.sa1.12 FICA 12-t 11 +i-1). AN �••, 365r24 21/09/45 -- 1 359.15 At f1:W11 3)a ITS- SUS MIAMI SUACMIC OI.UU•3!3•R •• •C" 1914 CITY OF OAONO :a CNECa REGISTER • %I7I• UI IOffal 4.146.22 Tame2 ]IL CO qq _ alits•2/ __ 165 at 11/0o,•s 136.44 fir — GESCR(PTI���[OUNT W, INY,]CSCR!/TIOM�COUNT W, INY. ITEM a:..: 7 01-14-e5 PAGE A p goo PER SURCNGC Ol•Hai-et0.11 BLOC PER WACNsE, _ __Ot-tSN-etQ-i1 ;u -'.ASOUNE 01-1260.010-30 _--- ...-Cas • mENUASH tv -- s ...aas No NajM4hLT _____ i2_{�1�•rl_.._.____—_ .0 aP.,� 360e60 I1/7e/of 1901 9411FT4 ails SERV 1:87IPIPTs/BCESS O1M2S2-23bat • • .. u•.•. •..-CMS • JI /JO)I1S -- -- )0).1O 4I116TG•CITT OR IMSS LSNCS/LS iA4344P.%69.92 - - •. 2]2.S1 -----u1•CR4 1' GO MINA 11H9I14 1201 WIT! SSA' ANIUL CO ANIMAL CAMS 01.4 10-I45-73 • b1eEi-'— .1PVSS-'---- 291.71 NNIiC SEAS AN144L :0 ANIMAL PATROL SPe.11 • %sets w"oss 3P.30 aIOMSt IRIS "T SLOGIGROS - In•SiO--C 1/97"-- --- nl./5--- NTO"A S-IS NSS LINES/LS rlf.if %Isri .1179/73 17•111, allow, "Ell ELECTNT: 11LLITIES -�� Mf r:O ll/]r/eS i•I7 UtiTtY •�� %tc7 .yarns ar.ro ANELs a e+e1 ••• jet rj {l/Oral_-_— 112•lf—-_ cis )NlrGtrs C1-UeP1 Sf•7S __ ... ... -_. :••.CMS- ,I.4113-S1s•r0 I I -a laa.SN-r2 0i•tIR4t9-ai n IRSIPE110JCLS 7t-a2a0-tGs•Li 1% CIPEYSC O7•41e2-010.11 •rARI YG 1M a1-L2Zt•IZr-!! 1994 cirf Or Oe0Y0 HC'S 40. Olt, )e,7).3 J1 /09/e 9nj J1/09/e) �L� )esris J1 /ov/es :MGM IESt Stre )12.1) - i _14 —.4 i J)Mr 394.30 Jim eS.fe . MR r (twins ■RUT21e III 01-23W 000-00 yrf. 01-14-85 roc r V. S LO. S IHS. Cf t � bso)3 n/nres a.ne.)o Mfn r1:M f wr 1TM[M [wt► n-u{o-SQ-oo "• 31swr n/o+nf tua3 er : 02o fret u cwrnaax m-as{-u+-ft IF 1{Sr7 -1/09/IS 7r.1) SILL TrJMitw VMS% :OMWLT 01-/306-129.31 313+se vl/O+I{S 223.00 YIRNI fM[ e[LI[r CwINPTs/J[ttfs 01-42)24+0-{I — -- — V' ....... ....Os: u --'TL70i1-- 41/300f - -- a.f0._ . 0utf l•ff:c :I0 --.. .Orr SVP►l TC1 r. 361+61 U1/391eS 4r:11 Ml eet Orrt:C Ito Orr SUPPLIES O1-aJ10-Hass • -• ,..iC?24J 31/09tes ____-2r.lf _-._.... YIrJIIt Pttr[ __ _ C91ri►►f _- _.Ot-a712-129-01 - _- ---- Mewal Iy" rO12aJ 01/O+As ISS.+r r3WP12 PIIF1 Ctr F1 L ItOI-a2SZ-ia+-a2 Is ICri :1 /9r rSS S.r{ 6r W1 YI PNr1 CwtYEI Pf 01J2R-290-6I_ __. PAWA rewaL - t .. ...... ...`LSi.-. ----- ------ 26.460.1f----- _ _ r'JI] 31 TRIAL O[M[All -rum . 6.351:30 FUM] 11 TOTtL FE) SC+CwE L1NESS rum* L. 644.33 Furl al Wit Flip IMPROVE n9woot" F- " 111.16 it) FI WK LIeUOf OPre1TIM{ FVMO " 2.916.11 VIP r2 r3T1L M{TCt OPERATING rV10 4.11909 FVIO IS 10fvL SCYES WErf TIN{ F.10 3S1.1F .__. rJM) Ft TOTIL GOLF :oJASC WCfal'OO so • • i t913 CITY Or OIIOMO CW:11 NO, DATE APOUaT f'•, OlaJ,l OI /10fH ' L�-...... I--OTaG70 b� 3.359.33 . ATOM CHECK ACOISTOI o1-Ia-l3 n9c / f Ht MSC AlH IP O1-a 1l0-129-51 i1Y .14,23 0 /10/95 7SA0 AM S3C9ELTT Sao SE- MtaSCe Sate 11_1310-129-31 C r _ .Keens.. - 014021 .11/10119 60.30 AK 411ci JSq KS 6SS4 MEMBERSHIP 72N3M.349.9/ 60.32 . ...... ..-as --cniw clno2ls - - 93:.±3 - - Ar-Irlar-v. aor¢Ms7v PAYMENT 1.84 AUDIT 31-4lo0.azo:i F- --- -- 01aJa1 _fnOnS 191./3 ar-Ir T)r-VgOgLC12JY P.Y491t 1.56 &WIT n-4300-111.90 ! _ 014 41 -M .1113145 1S+.fl svflv40v- KIORICMSIv ,Avgt4r 1-84 AUDIT 7I-6300-549-91 aLw- .11In I3f-- - --. _. 190.30 - ArrIV WM-rt MDM ICMSCM •AYMCMT l_B{ AOOIT I3-4700-1169-a2.. _ 214"1 C1/17A5 r3. 30 ArrItl OM•f: v14 CC 30M IATMCvT 1-84 4909r 74-4:30-""S ----31 {I7!- -- - .1/10flf -- - - '- 131.23 - C^rCCPf MI:AO-to Or- SUPPLIES- - 01-6210-319-12 - - -- 016110 .J llolgs ISS.33 OTrc-T V.XOPILM OFF SUPPLIES 01-6210-174-33 0 D14121 .1/trills - 121.93 C^ncEPf MI:MO.3Lg "I 47P C9ulp at -a 340-039.1a � :16121 .1 M1 /SS 243.e3 - Cl•:t Pf •!-RO. tLg 1Mt OFF EQUIP 11_4340-129 11 r ^14121 .1117/41 123.13 C^rC[.T K•:RO-ILK ANY OFF cautP 0/-4360-174-33 -!ti.22 . - M16t/s l"llos - - 113.23 wo 9CA_re INC K!AL19 t49 o1-{111_121-13 CV4115 1167r1 .1/Inn) 131.23 Sr YJ• KtA.TK :MC HALM III 01-4/31-M-sl J1210211 - -71110143-- 239,33 119U• fECTH AMC K-ALM INS 01-A/sl-129.31 ef6271 U:20 Mul 9c4.M I4C HEALTH IAS - -01-4151-M.53 UIaLS .1/17fgs 136.07 ORIU. 4C.114 M KciLTH Ia3 f4-41151.590.93 • -- 01i23Y "--3i710Ai-------'-11}::0 - 044091 w.tCC taut. 3MR. uLc .c3-1613 11_4s40-629-00 - -- usel . -. .InC/!3 .. /f1.17 3f.30 M-41 tit :HTtrs ITAC ::HfiCKJOL% 11-1f1-Ilv.11 • iN! CSfT O! 0 eta•• CKCN Lp(pG 0t 16i3 •ASE 2 CNCCN N0. WE Ar]YMT Y!OOOt ITEM OCSCNW1roN 6COUNT 40. tNY. A -.G. • N(33AGE — ° , .., ✓- ,: Y ^ _wit .. R�• W .. ♦ • ' - 0GS40 01110/a! 290.33 INTL CITY HONK ASSN atE/•C+ISOICLS 01-4240-039-11 014I41 Olfwas lal.la INTL ASSN C■ a• •0L MEMBERSHIP 91-43e0-129-31 .I 014346 01n0/e9 63a0 INTL IG"1•aLOa e•at M[oc+tNv 01-4380-11`a.53 F:± - - •-CR' r u 04551 )3/IGOOS 1.213.13 a a N 11:11144.8 BL00 LENT .MAN--- 71-4934-9/S•N .u...... ....CAR Ir 53"�f:L70—_—_CS/1FlO --Z71bLLt--.__-ttOtq+ ti)NSLS Tft___ .NLNKaLNSr.—__. 7JB.q .... CIA �.. O164>2 .11101BS 2 LANCN•<A :Mi 11S1 NENa!+Sn SN LNCO Ot-a SIO.7)0.11 11.1) � _- __$95.66 ....CMS 0 C14411 Jt/73/15 CITY 09 UYS LAN! SLOG RENT JAA aH4332-(Z9.31 ees.Ae . A .0 •.• CR3 . -" "Sur--- 72mon—'- _--'-' Tloo -' "— NtM!sSTS rf)A - SraS NE111CKga 01.4390.0e9-Ts ' 1)A0 -_..u—C%S Ola Ats 01/10/a1 .In Nr It N!1IT As$% WALT. INS 11-a1S1-12e•II 1._. 13 •. OI4500 -1110/85 1094.10 At" SON" "LE -NON[ Ol •a S20-Br•It 014530 O1/10/O AP3.33 .144 EOrr 3TKR COUP O1-4160-T2r•S1 - A 014140 .1/10/as To.]) M a!-T M IPE)T NErBEv"10 el•Up-t1••I/ 60.:3-- --N1 -I.ICL .41E.2 All -EOEAsnv _ 01-4300-IM It --------.. y J 57.33 o - 1-15 city Or ORONO :NECK .rstsTEb 01-14-SS PAGE 3 I NqECK 40, BATE A43UI♦ TEROO, ITEM OCSC IPTIOR ACCOUNT MO INS, F.D. MC SYC �I. C14545 Jt/10/45 174.13 MUA•41 143 AGEICT BOILE4 MACH 01-4371.099.11 .....• .• .CAS 15.33 - - _- ...... •••.CKS • 914562 31110/95 NPSO 010414401 Atow-&-co BOOK_PCIMCLf _. _ ....CK; ' 01001 A1110151 25. ]J1. 17 494NIST 8419 VP S NA a(yY0S DUE 2-1-41 R-4610-902.00 _ •-- OI4S/1 J1/10/65 20S.001.33. 104NE ST RINK WLS NA 6oNO3 OUE 2.1-a1 41-4610-904-00 -%145f1 -"- -:1//1/g/" 2-.S.lr.il "- 41011!50 M1,K NILS NI 63NO3 DO! A,.95 42-4410-934.30 ON S)1 W9.,53 '.)i N!$I RINK NILS It 14T DOE 2-1-91 42-4629.932-J0 A C 114 SI1 .1/fl/MS .IHO/61 33.;$1.15 Y^-N!ST q,TK MILS NA ITT 3UE 2-1-SS 42.6620-903-00 - 014511 - A IWPI1- -- 33.I51.25 _ ,11-NlSI R44K GALS Ma INK OJE 2-1-65 42-4620-934-00 C14511 J1/10/85 33.151.2! NOUI!ST 5144 MIS 44 ITT 3WE 2.1.63 42-4610-934.00 A 014511 61/10/55 29.41 R146!fT 6a1R NILS VA A$!Rf FEE 2-1-95 42-46511-932-00 - -- "---_ nt.sr-.11 . _-OH --.-. 6ti •9a1 104.12 PR1S::IANI WEALTH PL HEALTH INS 0,-ISTl-000-00 A 1 01 Hti /O/ flas 431.73 P-IS!CTAN3 RCit TR PL R!ALI" INS 31-4151-539-12 " 014Q1"---- II/10/43 23).91 �- PYTSICIANI HEALTH •L 4!404 ITS 01.4151-369.1S 014621 -1/F/PS 155.24 PITfIQ44t N94LTK -L N!ALI. INS N.41S1-121.31 A MAW Cl/f0/11 9f.S1 PYTSICIONi HEALYR IL .!4Lt" INS 01N1S1 -ItM S/ ---014621-""-"7210-215-' ----- legal- ""- •K913CIINS NULt4 At R!ALTA INS Ol-4131-121631 " 01469* cl /1C /61 237.91 PR/SICT401 REALM R HEALTH INS 01-4151.1)4P31 , 014611 .1/,a 1g1 141.63 -YTS:: Y%% 4CALTH AL HEALTH INS 01-4151-149-42 .-- 014621--- :I/1S/1S W.40 -4s1ICI9Ni REALT4 -L HEALTH INS O1-At St-290-6/ IS 4621 .1/1011S 5)-.S1 -YTSICIANS Rf ALN It 4CALTM ITS )1-NSI-SI $.GO U14511 .1/10135 63.16 sY1L':IANS HEALTH It. REGLI- IAS I1•4111-i49-91 A • --11,621 - - - L1/11/93- - -- - I94.'s IYISLCBINI HEW" PL 4!4LIN INS PS-4151-569-92 •. 3.642.53 • A U14629 -1/10,35 11.13 -3ST+afE9 POSTAGE - -- 014629""" --- E1/1314S -"" -- 1.23 - P3Sfg4SrR POSTAGE n-4521-549.1t Ib4321-Mo.*1 014629 ]1/13/RS 43.73 pit 9AStl1 tK IoSnQ )3-U2H 16b 92 A u.-3 Al '---OtllOt-- -U 010/!T -"-- - ll) - UNMa11ty 3r w - - :aritcraai ---- - 01.45 s6.129a1 Y 1995 CITY OF COINS CHECK NO. DATE ,R_�➢l�C-./...y�� t.OJMT _•-11LTL!".... .. � :.eL' _._..-n..._r.� CKCa NCGTSTEa as NCO* ITEM OESCNIrTION ....._t!!�'.ES,IDI ACCOUNT 10. In'. _.. 01-14d1 HQ a a F.O. 3 MCSS49E UIINS5 0/10/a5 St.ts YESTESM LIFE INS LIFE INS 01-6152-7)9.1a tr 014055 31/10,95 29.fa YES1119 LV[ I43 LIFE INS 01- tS2.ON.15 �07[6TEI¢rCPi[M{----Z[!C7'li- Of.-31f2-12f-71-- 01Lus "a IRS 24.10 YCff Ea9 LIFE [as LIFE to$ Ot•a1S2-IZMSt , '• 016155 01/to/1s 39.30 WCSICMM LIFE I93 LIFE INS 01-41 SZ-129-31 0ta75T'-➢1 . L.Lf!"_t IrC TRY --LIFE INS OIUss 1/10/MS 9.73 Yr3f E10 L[rE IH L:FE Irs OI •al S2.2N-at 0 01 HSf J1/tOIMs 1.+) YL3f CM L[IE INS _Sir IM9 O1-4 12-290_61 ���"-OTiiS7-017M:[ i27s A---- [w"11- (rE-fllr- LIFE !NS . ¢NSSs Y1 H0191 5.99 VISITING LIFE INS LIFE Its T2-Sts2-549-91 al 014933 al/Ions 13.49 YCtICtO LIFE In LIFE INS T7•N S2-H9-92 :i '-➢1 QS7-T/s±�Nt --1-.57-"-'-' 1ESTr2{ Lf FE IYs- - LT•C :MS - if31f2•510.77-� -- - a 104.53 • p olds S9 01/18201 S3.10 YESTON91 C99SM C30 MEMe'asmfFs 01d371-020-11 SI.77.• . 9 ••.-CKT • 71a909 ¢tnJns 1270C FURLINIT01 Nn TMEMr 4C17 ML00 01-4552-399.17 • - •�- 614911 )tn1145 H.'7 CML99ELS ROOK3/FEFI03CL3 01.4Sao.019-12 • ---- --- •n U13911 a1/10193 14-.S) CMS LIFO :2409 OFF SUPPLIES 01•4210-+D-04 • L1R.So 01t912 0/11 nS INTO C•LC•MESM:IT C7NFn On OOLS 01-4356-119.31 C -- - - - 011912 31010,95 27.70 LIKE COYNTaT CAN ME46E9S4IF 01-4590-tf4•15 27.7c 014914 .1/1019S Z.'7. .M JJY[1!.E OFF ..M9CM3MtF EA11U.119.51 a. _-014915 -_- J1/t0/as 20.10 MITIC F149 f[MF IMF ft-1120-515-90 - _ - 214916 JInO/aS Z-.11 )(301N MEOOY<M TEMF cm 11.a1Z0-515-9C - _____ 20.10 • - - 0149I2 -11Is Ff$ 15.71 M) tr LAW! "$If SOC ME49C43MIF Ji -a 3NO. SS 9. 11 _ I . .Yu • •u.iR i McSNC49410 • '.,_a+,0-Iro. 51 v� ni t t. 1913 CITY OF 02010 CKIM ACGISFra CHECK NO. DATE AMOUNT rlrool • -/A: fir.• .� � -.k_ A j 01-14-15 PABC s [�Y. I�I�3f M[ . • HIM$ JI/10/65 11 .151.65 MlTAO VAST! :311401. FCC -JAM I9/1 23-1212.000.00 MANUAL 4 IS.171.N .I KIM UI/tons 90.00 NOT POLLUTION CO FISCROOLS 73-4334.06b6 MANUAL A ---- -ot-4f1A03Al2 K/23• .1/loos 3F1.59 CNPUT^C ICMCP,f Y t I4N MANUAL t KF231 ♦1/10053 SS.P? CKPL);C! SCMCFIT Y: INS OLus3-ar-Is MANUAL " �.� U II.M.12--�CJLOICXIC✓PIT----Y ---'-- C INS 01-4113-121-11 ----- MANUAL . MCF230 :1/+0/65 1.011.12 lA0L0VOC ItJICFIT C INS Ot-43S3-IZ1-31 MANUAL (• KRIP U1/10/rS 1O lMPL)Y7I_)CNCFIT V Y C 147 01•EASY121-11 MANUAL KI M-:171077S--T-63TlS-_. 6J"5. _ rgnU S?C I:MC/CT-._._.Y _ tts _. 01-NSf-tie-31__.. ._MANUAL MEMO 0/10/55 61625.43 CIPL31M SCMCFIT 0 C INS 0+-N53-1I0.31 NAMJAL r ly K/23+ .1/1^qS - -41.41 - r%PLMC_ICMCFLT Y I its 01-4+33.114-31 MANUAL W1711'"--y1710IN1-- 1.OIf.Z1-- CVPLOTOC ICM>_F If - - � - Y : in 01-4131-249.42 - MANUAL 0211 d/1•./1s 295.12 *PPUYCC ICMCIIT Y IV& 01-4155.200.61 MANUAL K/23• :1/10I6S 379.37 - C.P01CC SCMCFIT Y C IVS 71-41S3-3IS.90 MANUAL KT239 _1/1n14) 045.S1 C1-1.3YCC SCMl FIT 0 C INS )2-4f S1-S4"1 MANUAL .. KF231 -1110>is A11.51 •..LIY!! I.MCFIf 4: !N1 F3-4fSS•S69-0? MANJ.L 1 nCt23F .1113/Ms 151.1? rinjwm •CM!FIT 4 : !1S F4-41$3-390.r3 MANUAL •" .CI710 - aINgS "a/+1H5 gf.2F OJALITf YSVC YIMC POACH T.4 LIb 11 S•r0 .AMULL • •.It St 11.F1- )JALI.1 Y'r! 4INC 373: Ib4113-SI S-w M4NU4 .- sv+.fs • - K124i .1/1)165 6/1.F3- - U PCLLIFG L13 -U4CM Ft-4810-1I144 MANUAL 4124! .1111165 0.T1. F) PIlLLI•S LIO DISC FI-411/.S1S-w "ANVIL KF26i: _1110155 1.220,-6 El P4ILLI-S YINC gNCM 71-L112-S11H0 MANUAL _ KRU .1/IJ161 ts.01. C7 P.!LLI•I AM )ISC H-4813-11f.90 MANUAL 1.S/F.r4 . -$70.12-- - AMID.'14! Y:Sc PUNCH FI-4t1I-fr1-w - - M4NULL ICIZ41 .tftolss 11.2s• PI731 4n! WIVE DISC 71-4613.11S.w MNNIAL -.1/1CIAS 550.1? . KF247 ITS.-N !1Tl1:)VT!'1CM+AL PRO YIMC NPCM )1-NI2-flf+r0 MANUAL 242 .1/IP Iss 6.55• !Mf!ICJNT!MCVTIL P.3 YIMC 313E FI-4115-SIS.90 MANUAL Kfall ;lllll3) 49,11 P1ST.35rlt .3SfMNT:4 F24321.$49. rl .ANVIL _.1CIA4 '- .1/•CI35 - +4v.06 - -14T.ASrCI POSTVAST!4 F3-4111.169.92 MANUAL ' 190.11 . ,. ...... -� ---- - ....Its 2F.131.11 1UV3 14 ROYAL IMPROVE ��•, f.1H.Sr FUND 14 ROYAL 4FUND CO tMPNPI A CO uAS )VTL 4T F -- --_-- 115.494.31 FUND 47 TOTAL +tN-FA 3PC[ A14NT FUND r •'_--- _ �- --S.4 rt .71- fO\0 )1 IOfq L[WJ4 01CAAlIN6 N1UO _ ••• 1.: F7.47 FUND Ft fOf4L 4.194 OPERATING' FUAO MLCR NCGISf EN GI[dl MW ONi CNOYMt VENOM ITCH • . . �'' iuso /3 nuL sua da "N0 ra TOTAL cav — • . 161,119.2? ror11-- y �r n1.U-r3 tp[ � l SCCSW/ 40. iMS. t P.O. S MESSA" Planning Commission Council PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE / . / S PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) 2. �. /,� i.•.. ... i.. jj 3. ` .ad a.. Ctj �..( 4. (4 U)M- -E 33 7 7 OfI mot 6NY /V. Agile. r0M1m2Arj 5. — /J 7. 6 cr6 HE5, 9. 0. 9 z. Asxzso�- Co..a�� 3. 4. 5. 6. 7. B. 9. 0. 0 _ nfo r in &+ forx IE +e,.oM S coanci I M" SHHSC SOUTH HENNEPIN HUMAN SERVICES COUNCIL Bloomington a Eden Pwrie a Edna it Richfield January 10, 1985 Dear Community Representatives Interested in Suburban Energy Issues: Previously a representative of your suburban human set -vice council contacted you to encourage your attendance at the first Suburban Energy Issues Task Force Meeting. Enclosed please find a copy of the agenda for the first Suburban Energy Issues Task Force. The City of Richfield is hosting the meeting and we encourage your attendance. 1 hope to see you there. Sincerely. r ,y A�L�t �LyULCII![L� Debbra Determan Project Director DD:cp Enclosure MaCM N d' In F+ N U £ R� L ' C 7/ 41+ L • 0 Q. 11 allla 0 N c0 lkJAN 1 1 1985 l ILJ CITY OF ORONO SUBURBAN ENERGY ISSUES TASK FORCE AGENDA JANUARY 17th 1985 8:00 AM RICHFIELD CITY HALL - CITY COUNCIL CHAMBERS 1. Welcome/Introductions 11. Overview of Task Force Objectives: Meeting the needs of communities in Suburban Hennepin County III. Example: Richfield Residential Energy Conservation Programs. A. Diversity of Program B. Complexity of Coordination C. Accessing Funding D. Managing Service Delivery IV. Common Issues and Strategies for Coordination V. Adjournment telephone: 609-7521(612) M NWI eRPeneady eNlayer TO: STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION MINNESOTA CA13LE COMMUNICATIONS BOARD 500 RICE STREET, SAINT PAUL, MINNESOTA 55103 (612) 296.2545 MU NICIPA WTIES FROM: W.D. Donaldson, Executive Director December 27, 1984 OMER WP =JrDEC2 The Cable Communications Policy Act of 1984 (CCPA) becomes effective December 29, 1984. As major federal legislation that for the first time establishes the authority of federal, state and local governments in the franchising and oversight of cable communications systems, it provides benefits to the cable industry chiefly in rate deregulation and in reasonable assurance of franchise renewal. Certain provisions call for Federal Communications Commission rulemaking to be completed by the latter part of 1985. There are many ambiguities in the law that may only be resolved by court action. To many, the bill may seem to raise more questions then it answers. We can appreciate that many municipal officials are concerned about the effects of the act on their present and future cable franchises. Some cabled cities are already being asked to accept subscriber rate increases allowed under the new law, and questions about franchise terms and conditions, and the authority of municipalities, are being raised. Some organizations have released Interpretations prepared from their own perspectives, and legal challenges seeking clarification of certain issues have been Initiated. The Cable Board's staff has also analyzed the new legislation, focusing princlpaliy on its effect on Minnesota's cable statutes and the Cable Board's rules. The importance of this approach is obvious since these constitute the guides for the state's municipalities in the franchising and regulation of the cable systems that serve their citizens. While some elements of the act may not be altogether clear for some time, it Is our conclusion that It has little effect on Minnesota's state cable regulations or on the cable systems franchised and certified under terms of the state's provision. Nor do we expect significant change in future franchising and franchise renewal procedures undertaken by Minnesota municipalities. It appears at this point that the major effect of the new legislation will be in the degree of rate regulation and program selection control franchising authorities will be permitted to execute. Existing franchising procedures and provisions will remain essentially the same as now. Any minor changes or fine tuning may come later. The general rule can be considered to be "business as usual" in Minnesota. There are reasons for this ongoing stability under the new federal low in our state. Minnesota in 1972 created a shared system of cable regulation and development through which state - AN EQUAL OPPORTUNITY EMPLOYER .V .. Minnesota Municipalities December 27, 1984 Page 2 of 3 established cable policies, procedures and standards vital to the public interest are carried out by the municipalities themselves. The state Cable Board certifies approval of local franchising actions and acts as a source of problem resolution where needed. Because many of the new federal cable requirements have long been features of Minnesota's regulations, the effect of the federal hill's passage into law is minimal on cable systems in this slate. Some illustrations follow: - CCPA authorizes public, educational and governmental access channels. Minnesota already has such requirements and may continue them. - CCPA calls for the establishment of "commercial" or leased access channels on cable systems with certain channel capacities. Minnesota rules already require the availability of these channels. - CCPA establisnes subscriber privacy protection similar to the privacy protection already required of Minnesota franchises. They are complementary. - CCPA provides a Theft of Service section. Minnesota's criminal code statutes have long contained similar authority for prosecution of individuals unlawfully receiving cable service. - CCPA provides for freedom from basic rate regulation after 2 years. Minnesota has not regulated cable rates at the stale level, instead leaving that role to the discretion of municipalities. The Board's rules have required a 'ision setting forth the procedure for changh j rates, and its inclusion in the fee,, i,.,e was made optional in 1982. - CCPA establishes a franchise renewal process along with criteria for renewal. The .same general principle is contained in the Minnesota rule requiring negotiations for renewal to commence at least one year before franchise expiration. The new iederal lsw requires an earlier commencement of negotiations. - CCPA calls for an equal opportunity employment requirement for which the FCC will establish rules. Minnesota's existing rules on this subject should remain ;n effect until the FCC's rulemaking is completed. - CCPA establishes standards for system market value determination. These appear consistent with Minnesota's rule allowing municipal purchase of a cable system. - CCPA authorizes municipal ownership as do the Minnesota statutes. - CCPA contains a section on obscenity which appears congruent with Minnesota's rule. - CCPA has a section dealing with general franchise requirements which is consistent with Minnesota's established rules. - CCPA contains a section on easements for cable system construction similar to Minnesota's statutes on the subject adopted in 1983. The federal intent to preserve existing stale cable regulatory programs also means that municipalities in stales such as ours may enjoy the protective framework of franchising Minnesota Municipalities Ilecember 27, 1984 Page 3 of 3 procedures and standards that have guided and assisted them for many years. Under the federal low, the Minnesota Cable Communications Board may, as in the past, exercise authority in at least the following areas: - Franchises and minimum franchise standards - initial and renewal franchise terms - Franchising procedures - Renewal procedures consistent with federal requirements - Certification of franchises - Non -exclusivity of franchises - Cable Service Territory establishment - Access Channels for public, educational and governmental use - Leased access channels consistent with federal requirements - Extension of Service requirements - Procedures for sale or transfer of a franchise - Standards for ownership and control where not inconsistent with the federal rules - Establishment of a Regional Channel in the metropolitan area - Interconnection of cable systems in the metropolitan area for the Regional Channel Interconnection of cable systems elsewhere where a need is shown - Pole attachments - Access of multiple dwelling units - Minimum channel capacity - Construction, operation and abandonment standards. During this transition period when the effects of the new federal law are still being debated in various quarters, the Cable Board and its staff expect to be called upon to assist franchising authorities in understanding and implementing the new measure, particularly as it applies to Minnesota's state requirements. We are not in a position to interpret federal law, but we will try to provide whatever information is available to us about decisions and interpretations that have been made known. Questions will come up; we will help wherever we can. The Declaration of Legislative Findings and Intent which prefaces the Minnesota Minnesota Cable Statutes in Chapter 238 speaks of the need for a state agency to develop a state cable communications policy, to promote the rapid development of a cable industry responsive to community and public interest and consonant with lies uietioas and statutes of the federal overn�men . (emphasis supp to t u o m areal t t e num r o M nnesota cab a poll icies have been incorporated into the new federal regulations and that the slate's cable objectives remain essentially unchanged by its passage into law. Finally, it is evident that the new federal legislation continues a parallel 3-level cable regulatory involvement of federal, state and local governments. WDD/hlf L11111 il( i oEc z a was IIII� JUG_ CITY OF OROO 0L U league of minnesota cities MEMORANDUM December 21, 1984 TO: Mayors, Managers, Clerks, Legislative Contacts FROM: Donald Slater, Executive Director SUBJECT: 1985 LMC/AMM LEGISLATIVE ACTION CONFERENCE The 1985 LMC/AMM Legislative Action Conference will be held at the Sr, Paul Radiation Hotel on Kellogg Boulevard on Tuesday, January 29 - Wednesday, January 30. At this conference, LNG member cities will review and adopt 1985 LMC City Policies. The proposed policies recommended by the LMC Legislative Committee have been mailed to member cities for distribu- tion. It is suggested that you use the January city council meeting as an opportunity to review those policies and to determine your participation in the conference. Discussion of the proposed stare tax reforms and direction of future state -local fiscal relations will be among the topics highlighted during the conference. Please check the December and January issues of Minnesota Cities or the form attached here and complete registration info rmarion. Return your form as soon as possible to be sure of taking advantage of advance registration fees and to assure hotel acco®odations, Legislators will be sent invitations to the LMC/AMM Reception, scheduled from 5:30-7:30 p.m., Tuesday, January 29, foll wing the close of the LMC Policy Adoption portion of the conference. If y plan to attend, Please let vour leeislator know that you exnprt r The conference agenda is printed here and in the January issue of the League magazine. 1 63 university avenue east. et. Paul. rfunneeota 55101 (61 2) 227-5600 1985 LMC/AMM LEGISLATIVE ACTION CONFERENCE PROGRAM ST. PAUL RADISSON HOTEL Tuesday, January 29 10:00 a.m. Registration (lower lobby at foot of escalator) 11:00 a.m. Pre -Conference Program l evelopment Tools for Cities: Tl-- Future Course of State Legislative Policy 11.tn• lists: Senator Larry Pogemiller, Minneapolis Representative William Schreiber, Brooklyn Park 12 Now, Luncheon - Opening Session Finance and Tax Issues in the '85 Session Speakers: Representative David Jennings, Speaker, hinnesota House of Representatives Senator Roger Moe, Majority Leader, Minnesota State Senate 1 :45 p.m. LMC Legislative Policy Adoption 5:00 p.m. Ask the Lobbyists -Question & Answer Period LMC/AMM Legislative Issues for '85 Session 5:30 p.m. Reception for City Officials and State Legislators Wednesday, JanuarN 30 8:30 a.m. Continental Breakfast The Future of the Public Employees Retirement Association Issues: Merger Proposals; Supplemental Defined Contributions; Health Benefits to Pension Retirees Speaker: Senator Donald Moe, St. Paul Member, Legislative Commission on Pensions and Retirement 9:30 a.m. The Future of State -Local Fiscal Relations Panelists: Robert Ebel, Executive Director Minnesota Tax Study Commission (or staff) Jay Kiedrowski, Deputy Commissioner of Finance Representative William Schreiber, Chair, House Tax Committee Senator Doug Johnson, Chair, Senate Tax Committee 11 .15 a.m. LMC Legislative Briefing - L.MC legislative Priorities for 1985 State L, 11 :45 a m, LMC Day on the Hill - LM(. Mernhey Ci'1 Officials LGbby through Local I a%make+s on City Puliiiev afternoon Plan now to attend e'�el'cet-°0 C; g�e�ia City League of Minnesota Cities Association of Metropolitan Municipalities 1985 Legislative Action Conference Tuesday and Wednesday, January 29-30,1985 Radisson St. Paul Hotel (Please print or type) Name Title Name Title Name Title Name Title Name Title Registration fee: $50.00 advance $55.00 on -site Check enclosed in the amount of S Fee includes conference registration, Tuesday luncheon, Tuesday reception, and Wednesday continental breakfast. Mail to: Gayle Brodi, League of Minnesota Cities, 183 University Ave. E., St. Paul, MN 55101 -------------------------------------------- Radi550f1' Ho[el St Paul GoDONT FORGET — MAKE FOR GB MONEY ORDER PAYABLE TO AADISSON HOTEL ST PAUL ORGANIZATION LEAGUE OF 1120=6 CITIESDO NOT SEND CURRENCY FUNCTION 1985 LEGISLATIVE LII'II''FRIIi(E OATES JANUARY 29 — 30, 1985 ALL REWESTS FOR THE ABOVE GROUP MUST RE RECEIVED BY Jainuar y 19. 1985 PMa" nuar" act Pnnl or Type NAME COMPANY LAS1 11.61 ADDRESS CITY SLATE ZIPCODE SHARING ROOM WITM NO OF PERSONS CHECKINTIME 3:00 PM CMECKOUTTIME 1:00 PM Accommodations will not be guaranteed without a check la the tat night's deposit, or your major credit card number as Diminutions below. Should you prefer not to guarantee your reservation. your room will be held only until 6:00 p m of your arrival day. You will be charged lot the tat night it reservations are not cancelled aB hours prior to arrival. CREDIT CARD a — ❑ AMEX ❑ DINERS CLUB ❑ VISA O MASTERCARD EXPIRATION DATE IPL EASE CME CA ONE CHECK �92 hob, M>l]mi:ylf.9 $50. SINGLE $58. EOLHE OCC FANCY Mail to: Reservation Office, Radiation St. Paul Hotel, 11 East Kellogg Blvd., St. Paul, MN 55101 IF RATE REOUESTED IS NOT AVAILABLE. NEAREST AVAILABLE RATE WILL BE ASSIGNED THERE IS AN ADDITIONAL S 'Go CHARGE FOR THE THIRD OR FOURTH OCCUPANT IN EACH ROOM RATES ARE SUBJECT TO APPLICABLE TAXES NO CHARGE FOR CHILDREN UNDER 1e OCCUPYING THE SAME ROOM AS PARENTS pnmber 1984 5 1985 LMC Legislative Bulletin How will the 1985 Legislature affect cities? Keep up-to-date on action at the Capitol b% subscribing to the LD1C Legislative Bulletin. Each Week the Bulletin will provide: • Summaries of bih introductionsof interest to cities . A week -by -week review of what happened to bills relating to city government a Achim Alerts — requests for city officials to contact legislators on important issues • Analysis of legislation aml bow it will affect cows a Highlights of the week • Tips on where to gel information on legis'Lnive trotters J The city manager, administrator, or leekof ci■ each member ciq� will receive a tompWnenen- 7 tart' copy of the Bulletin each week; so win �r district coordinators and legislative contacts. tt,r i1 Other city officials can subscribe for $$15 ��� '��► for the session. non-members for $30. RIB The first issue will come out the first r _ week of the session which begins on -- January 8. 1985. � a u 1 ►:- \ This will be an important session j for cities ... -- Stay informed 1985 Bulletin order form Name — - Paynenl enck> d Title — E15 (member) Address — $:io (nun-mrnrLrr) city/stam2tp Return tn: Row Nmke, Iragu- ut \luur�xa Caw.. INI I'rnrrvry Ave. E.. tit. Pau. MN SSlol LL11 jjjj---�1111 Vleague of minnesota cities December 17, 1984 TO: Mayors, Managers, and City Clerks FROM: Mary Anderson, President RE: Local Government Aid Legislative Policy The policy on local government aid is not included in this packet. It will be sent separately to all mayors, managers and city clerks the first week in January per action of the League Board of Directors on December 12th. As you are aware, the League has been working the past year on developing a formula for local government aid (LGA) distribution that would be considered fairer than the current system. A Policy Task Force worked six months to develop a policy statement that would serve as a framework for development of a specific formula. That policy statement was shared with the full membership for review and comment in the spring of last year and the adopted statement was published in the League magazine in September. A subcommittee of the full Revenue Sources Policy Committee, called the LGA Technical Commirtee, has been working hard analyzing alternative formulae. The Technical Committee has come up with a formula that they feel might be yell received by a majority of the cities in Minnesota. They requested additional time to further analyze the formula and to project its impact over the next 3 to 5 years. Given the importance of this issue, the League Board of Directors has granted them additional rime. The revised schedule for review and consideration of the local government aid legislative policy is : December 19 - LGA Technical Commitree makes its final recommendations on a formula and policy statement. December 27 - 9:30 a.m. 45 member Revenue Sources committee reviews the LGA formula and policy and makes its recommendation to the Board of Directors December 27 - 2:00 p.m. League Board of Directors acting as the League Legislative Commirree approves final LGA formula and policy recommendations to be submitted to the membership (over) 1 a3 university avenue east. at gaol. Mnneeota 551 01 (61 2) 227-5600 2. First wu k in January - Proposed LGA formula and policy sent ru Al mayors, managers, and city clerks. Will be accompanied with appropriate background materials and analysis. January 29 - Full membership votes on propose:l legislative policies at the Legislative Action Conference in St. Paul We realize that sendi►ig out the LGA policy and formula on a different timeframe than the other policies will cause some inconvenience for some members. N^wever, we felt that LGA is an important enough issce to merit special considerati^n. 1985 Proposed City Policies and Priorities For distribution to all member officials All city clerks and administrators receive a copy of the proposed policies for distribution to all officials. Each mayor will also receive a copy. Additional copies are available from the League office. LNG Legislative Study Committees have developed these policies and the LMC Legislative Committee is recommending them to the membership. Each policy has an A, B. or C priority. An explanation of each level is in the Forward. Please review these proposed policies before the 1985 Legislative Conference. City officials will adopt legislative policies at the Legislative Conference on Tuesday, January 29 at the St. Paul Radlsson Hotel, 11 E. Kellogg Blvd. Please feel free to contact League staff with questions or concerns. LEAGUE OF MINNESOTA CITIES 181 University Avenue East St. Paul, Minnesota 55101 TABLE OF CONTENTS Pages Government Structure and General Legislation ....................... 1 - 10 Personnel and Public Safety ........................................ 11 - 21 Land Use, Energy, Environment, and Transportation .................. 23 - 31 Development Strategies ...................................... ...... 33 - 38 Revenue Sources .................................................... 39 - 47 Federal Legislation ................................. .......... 49 - 53 Foreword One of the most important yr rooses of the league is to serve as a vehicle through which municipal official: throughout the state can define their mutual problems and develop positive policies and proposals for their solution. To accomplish this purpose a three -step consultative process has been established providing for the stud; of issues by committees of municipal officials, the review of the resulting recommendations by the Legislative Committee composed of the Board of Directors and the study committee chairpersons, and final adoption at an annual legislative conference attended by representatives of all member cities. The policy statements and legislative proposals contained herein are the result of this process and are intended to be adopted for the biennial legislative session but subject to review and amendment between the first and second year. Thus, they will provide the League Board of Directors and the staff with a continuing source of guidance when testifying before legislative committees and taking other actions which have legislative or policy implications. Priority designation. The priority designation is indicated next to the title of each proposes • 'icy. These priorities were developed by the study committees and reviewed and, in some cases, modified by the Legislative Committee. The priorities are intended to give additional guidance to the League Board and staff in implementing the League's legislative program. "A" priority indicates a major Issue, on where the League would introduce legislation or would work actively with other groups to seek new laws and regulations. "B" priority indicated items that are important to cities but where the League would probably spend substantially less time unless the legislature or other groups mounted a major effort to which LMC had to respond. While the League might initiate legislation on a "B" priority Item, these would be relatively non -controversial Stems, or those where most of the research has already been completed. "C" priority indicates items where the League would respond only when the issue is raised by other groups. December 17, 1984 TO: LMC Member Cities FROM: Joel Jamnik, Legislative Counsel 6 Helm Schendel, Associate Director RE: Government Structure and General :.egislation Proposed Policies The attached policies have been adopted by the Legislative Committee and are prioritized below. These policies as adopted will be brought to the general membership a: the Legislative Conference on January 29, 1985. Number Pollcv Title GSGL-I Open Meetings GSGL-2 Absentee Balloting GSGL-3 Purchaaing Authority of Plan B Managers GSGL-4 Towing of Abandoned Vehicles GSGL-5 Precinct Boundary Changes GSGL-6 Mandates GSGL-7 Tort Liability GSGL-8 State Licensing of Contractors GSGL-9 Cable Television GSGL-I( State Audits and City Financial Reporting Requirements GSGL-11 Collateral for Depositories GSGL-12 Government Training Services Funding GSGL-13 Uniform Local Government Election Day GSGL-14 Campaign Financing and Disclosure GSGL-15 Voting Equipment GSGL-16 Creation of State ACIR GSGL-17 Data Practices GSGL-18 Optional Poll Hours , 7SGL-l9 City Election Campaigns "GL-20 Election Day Registration G.GL-21 Absentee Voting Priority GOVERNMENT STRUCTURE AND GENERAL LEGISLATION PROPOSED POLICIES GSGL-1. OPEN MEETINGS (A) The League recommends that the open meeting law be amended to conform to the data practices act. City officials strongly support the basic premise of the open meeting law --to assure the public's right to be Informed about the conduct of public business. Experience with this law since 1974, however, indicates clearly that there are areas where the legislation should be amended in the public interest. The League believes that there are certain specific instances where the public interest would be better served by permitting a local governing body to meet in executive or closed session. These instances include certain discussions relating to employees such as "hiring" interviews, discussions regarding the purchase or sale of land for a public purpose, and discussions of information protected under the Data Practices Act. Those latter situations are parti- cularly troublesome since it is often necessa.y for the council to choose between violating either the open meeting law or the data practices act. Additionally, the League opposes any legislative attempt to alter the recant court ruling that the open meeting law applies only to meetings where a quorum of the governing body or its established committees is present. The ruling clarified the law which was often viewed as applying to any meeting between two office holders. Limiting the application of the law to gatherings of a quorum or more is a common sense approach to implementing the statute and should not be altered. GSGL-2. ABSENTEE BALLOTING (A) The League supports the use of punch card votin devisee fo: absentee balloting in health care facilities and mailed absentee ba lots. Currently, the law allows the use of punch card devices for absentee balloting when a voter applies in person to the municipal clerk for an absentee ballot. The League recommends that the law he expanded to include use of punch card devices for all absentee balloting, including mailed ballots and absentee balloting in health care facilities. GSGL-3. PURCRASING AUTHORITY OF PLAN B MANAGERS (B) bonrrscrrna w. Currently the law allows Plan B city managers to sake purchases under $1,000 without council approval. This provision has not been changed for many years and inflation has seriously eroded the utility of the provision. The law should be amended to increase the figure to the dollar amounts in the uniform municipal contracting law which allows purchases under $10,000 to be made relatively easily. VA GSGL-4. TONING OF ABANDONED VEHICLES (B) The League supports legislation clarifying the authority of cities to impound abandoned motor vehicles. Recently, the legislature passed Minnesota Statute 465.75 which prohibits a private vehicle tower from removing a motor vehicle from private property unless he has the permission of the owner of the vehicle or of the owner of the property. While the intent of this statute to prohibit hawkis! [wing companies from improper towing practices is laudable, the ramifications of the law go too far. Cities are authorized to impound abandoned motor vehicles and Minnesota Statutes 168B.04 provide a detailed process to accomplish the removal of health hazards and eye s"-as. Unfortunately, the recent legislative act could be construed to prohibit cities from utilizing private towers to remove and impound abandnn..d or junked automobiles. Cities could be forced to use its own employees a•.e equipment because it is not "in the business of towing." The law should be amended by adding an exclusion for private towers who act at the direction of a city following the procedures prescribed in Minnesota law. GSGL-5. PRECINCT BOUNDARY CHANGES (B) The League supports legislation to provide a more orderly way in which to deal with redistricting after a legislative reapportionment plan is filed. Current law requires counties to redistrict county commissioner districts within 180 days after receiving final census figures. Cities are not permitted to change precinct boundaries during a five year period ending January I in a year ending in two. Therefore, counties following city ward and precinct lines use old boundaries, which in many cases will need to be changed before the 1992 elections. GSGL-6. MANDATES (B) The League opposes any additional mandates unless the legislature provides adequate revenue sources to implement the law. One of the most serious problems facing cities is the growth in the number and cost of federal and state -mandated programs which substitute the judgments of Congress and the State Legislature for local budget priorities. Recent examples of costly mandated program include comparable worth, employee right to know, legal compliance audits, newspaper publications, among many others. Special bills to address this problem on an ad hoc basis will not provide a permanent or statewide solution to these problems. The League therefore asks the legislature to consider legislation which requires the state to adopt a policy of deliberate restraint on its mandated programs, including a mandatory fiscal note identifying local government costs on any new mandated programs when -4- GSGL-6. MANDATES (B) (cont'd) they are introduced in the legislature and a statement of compelling statewide interest to accompany all state mandates. Revenues or alternative revenue producing mechanisms other than the general property tax subject to levy limits, must accompany new mandates. Also, the legislature should repeal obsolete, unnecessary, and unduly restrictive mandatory laws and rules. GSGL-7. TORT AND DRAM SHOP LIABILITY (B) 1) The Municipal Tort Liability Act was enacted to protect the public treasury while giving the citizen relief from the arbitrary, confusing, and administratively expensive prior doctrine of sovereign immunity with its inconsistent and irrational distinctions between governmental and proprietary activities. The act has served that purpose well in the past, however, courts frequently forget or ignore the positive benefits secured to citizens damaged by public servants as a result of enactment of the comprehensive act which includes some limitations on liability and some qualifications of normal tort claims procedure. The special vulnerability of far-flung government operations to debilitating tort suits continues to require the existence of a tort claim act applicable to local governments or local governments and the state. Recent changes to increase the dollar amounts recoverable by plaintiffs were League supported and should be adequate to satisfy any reasonable claim. 2) Recently, the market for dram shop insurance has deteriorated dramatically. Many cities are having trouble getting renewal quotes on their dram shop coverage, and those which have gotten quotes have seen extremely large increases in the premium (in several instances more than ten times last year's premium). The problem is especially severe for cities with on -sale establishments or those which have had any claims in the recent past. Existing legislation directs the state insurance department to establish an assigned risk plan "if necessary". The League recommends that the legislature hold hearings on the availability and cost of dram shop insurance as well as on the underlying statute creating dram shop insurance liability to determine the cause of recent problems, and to act to ensure that insurance is available at a reasonable cost to cities and others operating liquor stores. GSGL-8. STATE LICENSING OF CONTRACTORS (B) The League opposes the state's takeover of trade contractor licensing. Licensing of general trade contractors and various other activities has long been a local prerogative, and the mechanism for licence review, Issuance, and enforcement is already in place. The primary reason that local licensing has been successful and therefore maintained at the local level is that GSGL-8. STATE LICENSING OF CONTRACTORS (B) inspection and enforcement personnel reside at the local level, know the area and activities, and are familiar with local ordinance and restrictions, thus providing better and faster enforcement. Suggestions have been made to form a statewide licensing authority and split the revenue among the licensing agency and various municipalities with the cities maintaining enforcement tasks. It 1s questionable under this arrangement if either the agency or municipalities would have enough funds to accomplish the respective tasks. The current proposals seem to overly complicate the existing system which Is effectively regulating the contractors and may result in a reduction of small contractors who operate in only a limited number of communities. GSGL-9. CABLE TELEVISION (B) 1. The League supports the current state cable law which emphasizes the role of local government in the franchising process. Many Minnesota cities receive cable TV service, and under present state and federal law, cities are responsible for setting rates, establishing a franchise, and imposing franchise fees. The League believes this law has allowed local communities to provide input into an important community as "Ice and that it should not be modified to diminish local control. The cable board had provided valuable aid and expertise to cities in establishing and regulating cable TV, Including insulating cities from anti-trust lawsuits and therefore should be continued in its current form. GSGL-10. STATE AUDITS AND CITY FINANCIAL REPORTING REQUIREMENTS (B) The League supports continuation of the existing auditing and financial reporting requirements for cities. Minnesota has one of the most modern and rigorous systems of oversight of municipal finances in the nation. The state auditor currently reviews annual financial reports of cities. Cities over 2.500 must have annual audits and the state auditor has the authority to audit a city upon receipt of a petition. The state auditor should not be given the power or responsibility to audit local governments on a regular basis. The private sector is fully competent to conduct governmental audits and may be more economical and practical then a state agency. GSGL-ll. COLLATERAL FOR DEPOSITORIES (B) Depositories now are required to collateralize the deposits of local government in the amount of I10 percent. This law is necessary to protect local public treasuries from the dangers of financial institution closures. The legislature should recognize, however, insurance provided by the National Credit Union Association to the same extent it recognizes insurance provided by the Federal Depository Insurance Corporation (FDIC) and the Federal Savings and Loan Insurance Corporation (FSLIC). GSGL-12. GOVERNMENT TRAINING SERVICE FUNDING (B) The League supports continued state financial funding for the Government Training Service. The Government Training Service (GTS) has been invaluable in maximizing training opportunities while minimizing training costs for local goverment officials and staff over the past six years. Both the need and the demand for services are greater than ever during these times of tight budgets. GTS continues to respond on behalf of all local jurisdictions in Minnesota by developing innovative, low-cost alternatives and exploring cost-effective delivery systems. The legislature should continue state financial support for GTS. GSGL-13 UNIFORM LOCAL GOVERNMENT ELECTION DAY (B) The League opposes the designation of a uniform local government election day. Home rule charter cities currently have the authority through their charters to designate when they want to hold their local elections. Statutory cities may establish either an odd or even year November election date. Decisions affecting only local units of goverment should be made at the local level unless an overriding state interest can be demonstrated. The League believes that there is no statewide necessity to provide for a uniform local goverment election day. However, if the legislature enacts a uniform local goverment election day, the following features must be included: 1. Home rule charter cities should retain the option of setting heir own election date. 2. Municipal primary elections should continue to be optional. 3. All direct costs of state -mandated changes and additions to present city election duties should be paid by the state. -7- GSGL-14. CAMPAIGN AND FINANCE DISCLOSURE (11) The League supports legislation which would simplify the election process so that it would encourage rather than discourage candidates for local office. 1. Eliminating any distinction between types of campaign committees and reporting requirements. 2. Providing the option of any size city to adopt an ordinance to require campaign and finance disclosure. 3. Opposes any state -mandated requirement of candidates for city office to file statements of economic interest. 4. Opposes campaign contribution limits or reporting requirements in cities less than 20,000 population. GSGL-IS. VOTING EQUIPMENT (C) GSGL-16. CREATION OF STATE ACIR (C) The League supports the creation of a state -local intergovernmental relations advisory committee. Recently, the State Planning Agency has advocated the creation of a state version of the federal advisory commission on intergovernmental relations which would advise the executive and legislative branches of state government on important issues affecting state -local relations. Representatives of both state and local governments would be appointed to serve. Local government members would be appointed by their respective statewide associations. GSGL-17. DATA PRACTICES (S) The League supports extension of the data practices act to cover deceased individuals for a reasonable period of time. The current data practices act limits the definition of individuals covered by the act to include only the living. The definition results In government being forced to disseminate information about a deceased individual which may be damaging to the individuals survivors. Sound public policy would dictate continuing the classification of data on a deceased individual for a reasonable period of time. GSGL-I8. OPTIONAL POLL HOURS (C) The League opposes current law that mandates all cities, regardless of size to have their polls open 7:00 am to 8:00 pm for state elections. Prior to 1983, cities under 1,000 population, located outside the metropolitan area could by resolution fix the poll hours no later than 9:00 am for a state general election and no later than 5:00 pm for a state primary. This flexibility would reduce coats to very small cities. The League also supports legislation for municipalities to set their polling hours by referendum. GSGL-19. CITY ELECTION CAMPAIGNS (C) The League supports extending income tax credits for contributions to city election campaigns. Candidates should be encouraged to seek broader backing from among constituents by extending state income tax credits to cover contributions to city election campaigns. GSGL-20. ELECTION DAY REGISTRATION (C) The League supports voter registration prior to election day and encouraged legislation to improve the current system of voter registration. The following steps would improve the current system: 1. Election day registration and voting should be permitted, but not mandated, to take place in adjacent rooms. 2. Certain penalties for election day infractions are so severe that they constitute a barrier to effective enforcement of the law. The League recommends that the lave be reviewed and modified where necessary so that the lave can be effectively enforced. 3. Any state mandated registration programs should be accompanied by sufficient state funds to pay local costs on a continuing basis. 4. A person other than an election official vouching for others should be limited to five other persons other than immediate family. S. The League encourages the promotion of pre -election day registration through the media and all other available means. 6. The League supports legislation allowing the removal of a registration card after the city twice receives official postal notification that the notice of registration is undeliverable at the individuals last known address. GSGL-21. ABSENTEE VOTING (C) Current law for absentee voting is romplicated. The counting of the absentee ballots have caused unnecessary delays in reporting ballot returns and conflicts have resulted between state and federal government regarding procedures in delivery of absentee ballots. The League supports an earlier date for the filings of municipal offices in order to have additional time for preparation of ballots and delivering of absentee ballots. December 17, 1984 TO: LMC Member Cities FROM: Joel Jamnik, Legislative Counsel and Stan Peskar, General Counsel RE: Personnel and Public Safety Committee Proposed Policies The attached policies have been adopted by the Legislative Committee and are prioritized below. These policies as adopten by the will be brought to the general membership at the Legislative Conference on January 29. 1985. Number Policy Title Priority PPS-1 PERA Benefits, Financing, and Administration PPS-2 Residency Requirements PPS-3 Volunteer Ambulance Retirement PPS-4 Retiree Health Benefits by Cities PPS-5 Veterans Preference and Military Leaves PPS-6 Minnesota Public Employees Labor Relations Act PPS-7 Law Enforcement Personnel PPS-8 Fire Personnel Standards PPS-9 Modifications to the State Fire Code PPS-10 Modifications to the State Building Code PPS-11 Emergency Medical Services PPS-12 Workers Compensation PPS-17 Relief Association Member Lobbying PPS-14 Disability Retirement PPS-15 Comparable Worth PPS-16 Unemployment Compensation PPS-17 One Class of Beer if- PF.MSONNF.1. AND PUBLIC SAFETY COMMITTEE PROPOSED POLICIES PPS-1. PENA BENEFITS, FINANCING, AND ADMINISTRATION (A) The following principles should govern any changes the legislature makes in PERA and the other statewide pension plans. 1. The League of Minnesota Cities opposes modification of the "high fi%," formula. The adoption in 1973 of the "high five year" benefit formula for PERA has provided very adequate pension benefits for career municipal employees. Further shortening of the averaging period would create windfalls for some PERA members and multiply opportunities for manipulation of service and salaries to maximize pension benefits witho, roporcional contributions to the fund. Among all the proposals for benefit increases, the one that most threatens the financial soundness of PERA and other Minnesota public pension funds, is the proposal to provide health insurance to retirees paid from the pension fund. Full payment would commit the taxpayers to an open ended promise to pay a cost that is escalating at the rate of 15% to 20% per year even in low inflation years. Partial payment would provide a font -in -the -door for partial payment. Either would hamper efforts to control health care costs by making the recipient responsible for a significant port.on of charges to encourage thrifty use. 5. 13- ITS -I. I'FrA RFNEI'ITS, FINANCI NC, AND AMII NIS'I'I ^l ION A) (coal'd) has now is!"'otially achieved lull lotulin , ryar' and employee r.' contributions should be r,do,ed to an amount suffieleut to pay normal costs. The PERA police and fire fund is now essentially fully funded. Furthermore, the employer (taxpayers) thr .ugh payment of more than 50 percent of contributions to this fund is creating a surplus not needed for pension 1•urposes. S. ''be LMC requests the L!jk-islature to defer state taxation of employee PERA cunt:ibutlnns until Funel,es are received and to exclude the PENA amount trim the employees gross income. Recently, the Internal Revenue Service ruled that employee contributions to LRA anal .Amilar public pen:ion av-+rmr are not subject to federal income tax ontributton during the year In wb they are contributed to the system, but rather are taxable in the year In •.hich the employee actually receives the benefit. This ruling is consistent with the manner In which municipal employer contributions are taxed. Since the employee does not have use of the contribution in the ,year it is made and the Federal government has deferred taxation until the benefits are received. police and fire funds only 1f: 1) savings will accrue to the city, in the vo'nion of the state actuary as will as in the opinion of the affected munt..ipel=.ty and 2) all ac.ual funding liabilities as calculated by a utate actuary which are transferred to or assumed by PERA are Immediately r-imbu,nrd to PERA by the transferttni, ctty. PPS-2. RESIDENCY REQUIREMENTS (A) The League supports the r any restrictive,; mi cities' authority tt impose residency requlrementx __lt;' Prra;ae 1. -- PPS- '. VGLIINTFFR AMBULANCE RBTiREMLNI (B) M.S. 356.24 shouli be amended to permit cities to contribute to contribution rr deferred nm,pensatit. ^fans for city volunteers and e Ong a�blic or non-profit adxan .t^rattve apparatus sepeiete edttea themsa'lv.s are a •: t.:. The r=•horlt`v should permit vesti,w . to :xceed five years and r,.,tal levies should he availeble to fl retiremeni irograms. PPS-T. VOLUNTEER AMB11ANCE RETIREMENT (B) (cont'd) Proposals to integrate ambulance and rescr volunteers not part of local volunteer fire departments into the program fo .etirement for volunteer firefighters have met rejection from organizations of volunteer firefighters. Creation of another system of local relief is not in the best interest of the state, its political subdivisions, or its taxpayers, especially in view of recent federal tax legislation which now, provides an efficient, simple, and inexpensive me , ;rovldfig retirement benefits to ambulance and other volunteers. However, cities need the power to encourage long-term employment and volunteers by simple retirement mechanisms which are not subject to deficit f inap .ng. PPS -a, RETIREE HEALTH BENEFITS BY CITIES (II) Io order to prevent the creation of large unfunded deficits for promised health care for retired public employees, in the same way that unfunded actuarial deticits were created by promised pension benefits prior to statutory requirements for funding, the League or Minnesota Cities urges the legislature to impose the furegning restrictions. PPS-5. VETERANS PREFERENCE. ANL 7J LITARY LEAVES (B) Current statutes entitle a veteran to at least two different hearing procedures to challenge any disciplinary action. This is not only grossly inefficient but may also be unworkable since the standards for court review of the decisions of veterans preference boards and grievance arbitrators vary significantly. The Minnesota Supreme Court in a recent decision also has indicated to the legislature that these statutes need to be amended. It- PPS-5. VFTF.RANs PRFFENENCE AND MILITARY LRAVF.S (B) (cont'd) The law should provide for a selection of a single hearing procedure and eliminate any requirement for salary payment pending the hearing when the veteran does not request a hearing within ten days or when an impartial hearing body determines that the dismissal was for Just cause. This pay differential should apply for a period of 30 calendar days. When an employee is ordered to report for duty for a period longer than 30 calendar days per year, no additional seniority status, efficiency rating, vacation, sick leave, or other benefits shall accrue during the period of active duty. Unless there exists, at the time of an order to report for duty, a war or declared emergency, the employee shall not be entitled to a leave of absence without pay and the employee's public employment shall be considered terminated. PPS-6. MINNESOTA PUBLIC EMPLOYMENT LABOR RELATIONS ACT (B) The history of bargaining in the public sector has indicated that if properly prepared for, even strikes by "essential employees" do not unduly threaten public health and safety. In contrast, the prohibition of the right to strike has forced undue reliance on arbitration, which usually has resulted in large compensation awards to essential employees. For these reasons the League recommends that legislation he enacted that gives public employers the option of either cequesttng arbitration within a specific time or allowing essential employees to legally strike. The 1963 legislature reduced the period of time part-time employees must be employed before they are considered employees covered by PELRA. This has resulted in higher wages for some part-time employees but, more significantly, has resulted in cities hiring fewer part -rime employees. Additionally, many employees who view their work as temporary or transitory in nature, have been asked to pay their fair share of union dues, evon though they receive no benefit from union membership. Experience with the law over the last two years has dluted general dissatisfaction with the law by every affected party except unions representing primarily lull -time employees. 16- PPS-6. MINNESOTA PUBLIC EMPLOYEE. LABOR RELATIONS ACT (B) (cont'd) Supervisors of public employees should have their management role acknowledged and have their status limited to meet and confer. In no event should supervisory or confidential employees be represented by an employee organization which represents the employees they supervise. Further limitation of the definition of supervisory personnel would mean that in all but city manager cities, no employees could be considered to be supervisory employees for purposes of PELRA. a. Thp l.no,ip rpreva ends that leeislation be passed requiring employees Employees presently have a variety of grievance procedures available to them, including civil service Systems, veterans' preference, and procedures agreed to under collective hargatning. It makes little sense for an employee to have two bites of the apple in challenging disciplinary action, particularly when the standards for review of the different grievance hearings are as varied as they are. The result under the current statutory system literally precludes effective discipline of public employees. Requests for reform have been made from many sources, most recently by the Minnesota Supreme Court. The reduced case lnad of the PERB and its recent actions in arbitrarily changing the method of selecting qualified arbitrators have indicated that there is no longer a need for the PERB. PPS-7. LAW ENFORCEMENT PERSONNEL (B) The League opposes any increase in state standards for the recruitment, training, and conduct of law enforcement personnel. The current uniform state licensing system establishes adequate minimum standards for law enforcement personnel. The League supports the continued flexibility provided in the system to employ a class of peace officers who meet specified requirements which are less than those for full-time officers and allows upgrading of part-time officers to fully .icensed status, as well as allowing the POST Board to grant variances for political subdivision having particular difficulties in complying with licensing standards to permit phased compliance. Cities should retain responsibility for personnel matters and the state should not unnecessarily complicate local personnel practices which have worked well in the past. -17- PPS-B. FIRE PERSONNEL. STANDARDS (B) Fire suppression has traditionally been a uniquely local function in Minnesota. Not only are firefighting problems vastly different from one community to another, but well over ninety percent of Minnesota communities rely primarily on volunteer firefighters for fire suppression services. The League believes that local governing bodies are best equipped to determine the nature of local fire risks, the level of local fire prevention efforts, and the practical availability of firefighting personnel. Efforts by the state to improve firefighting capabilities should be undertaken through increased financial assistance to provide improved programs or by direct employment of specialized personnel at the state level with such personnel made available to assist local units of goverment. PPS-9. MODIFICATIONS TO THE. STATE FIRE CODE. (B) The League also supports legislation allowing cities which do not have the building code to require the installment of masonry fire walls between buildings in the downtown business district or other high risk areas as an alternative to adopting the more stringent fire code in the state building code. All foam insulation sold in Minnesota should be regcired to clearly state on its packaging that state law requires the foam to be covered by fire resistant material. PPS-10. MODIFICATIONS TO THE STATE. BUILDING CODE (B) The League supports the current ability of non -metropolitan cities, counties, and towns to opt -out of the inspection and enforcement responsibilities mandated by the State Building Code. All architects and engineers who design any structure should continue to be required to certify that the structure as designed complies with the state building code, particularly the building access for the handicapped provisions. The legislature should authorize the Commissioner of Administration to certify inspectors for the building access provisions who are not fully certified as building code inspectors. State fee inspectors should continue to be available from the state for inspection in areas outside of communities with local enforcement. PPS-11. EMERGENCY MEDICAL SERVICES (B) sources. Cities as a group are the single largest provider of ambulance services in the state and form a vital part of the network of emergency services. To maintain and improve the emergency services network for all residents of the state the legislature must provide funding for training and equipping emergency medical personnel. State grants and aids should be available to enable all cities to have access to adequate emergency medical service. Additionally, with the increasing interest in paramedic services, the leglelatvre should assist in providing easily accessible training on a statewide basis at minimum cost in order to meet appropriate qualifications. PPS-12. WORKERS' COMPENSATION (B) The League requests the legislature to eliminate the presumption that heart and lung ailments of police and fire personnel arise from their employment. Existing workers' compensation statutes create a presumption that heart end lung ailments of police and fire personnel arise from employment. Improved equipment and methods of fire fighting and law enforcement and increased statistical data as to personal risk factors affirm that presumption no longer reflects reality or serves a public purpose. PPS-13. RELIEF ASSOCIATION MEMBER LOBBYING (B) Recent legislation grants local relief associations unlimited powern to send police and fire officers who are members of local relief associations to lobby and otherwise represent the interest of the association at city expense and at times determined by the association. These powers interfere with traditional functions of governing bodies and department heads and managers to schedule duty, determine manning levels, and set budgets. PPS-I4. DISABILITY RETIREMENT (B) l9- PPS-14. DISABILITY RETIREMENT (B) (cont'd) disability insurance, as well as a portion of employment earnings, should be an offset against city disability pension payments to the extent that these combined payments approach after-tax salary for the former position. Rising costs of disability retirements pose a threat to the financial soundness of most Minnesota public pension plans. The foregoing changes are needed to minimize the financial impact of legitimate disabilities. Furthermore, abuses of disability retirement provisions in public pension plans have, in the past, caused serious waste of human resources and scarce public funds. In view of the current laws forbidding discrimination against handicapped persons who are not disabled from gainful employment, the League recommends legislation to implement the above listed policy. PPS-15. COMPARABLE WORTH (C) we will PPS-16. UNEMPLOYMENT COMPENSATION (C) -20- PPS-16. UNEMPLOYMENT COMPENSATION (C) (cont'd) addition, the League believes that individuals who knowingly accept temporary employment of specific limited durations not exceeding one year and whose employment is thus ended, should be deemed to have voluntarily ended their employment and thus should be disqualified for certain benefits. The employers' involved should not be saddled with unemployment compensation costa for individuals who accept and perhaps even plan for the termination of such employment. Also, students temporarily employed as interns should be ineligible for unemployment compensation since the position is primarily an educational experience which by its very nature is not expected to be of indefinite duration. Finally, the current law unfairly treats cities employing part-time police, fire or park personnel which are required to contribute to unemployment compensation due to termination from other employment even though the part-time employment is continued. PPS-17. ONE CLASS OF BEER (C) The League opposes the establishment of one class of beer and the off -sale of vine in other than liquor stores. The establishment of one class of beer in Minnesota would cause substantial problems in controlling the sale of beer in filling stations, grocery stores, drug stores, and elsewhere where 3.2 beer is presently sold. Also, 3.2 on -sale establishments would be selling strong beer in competition with on -sale liquor establishments and municipal liquor stores. December 17. 1984 TO: LMC Member Cities FROM: Joel Jamnik, Legislative Counsel RE: Land Use. Energy, Environment, and Transportation Proposed Policies The attached policies have been adopted by the Legislative Committee and are prioritized below. These policies as adopted by the Legislative Committee will be brought to the general membership at the Legislative Conference on January 29, 1985. Number Policy Title Priority LUEET-1 Wastewater Treatment Projects A LUEET-2 Ground and Surface Water Management A LUEET-3 Solid and Hazardous Waste Management 8 LUEET-4 Transportation 8 LUP.ET-5 Annexation g LUEET-6 Eminent Domain Law g LUEET-7 Adverse Possession 8 LUEET-8 Planning and Zoning Law Changes 8 LUEET-9 Energy Conservation and Production C -23- LANs) USE, ENERGY, ENVIRONMENT, AND TRANSPORTATION PROPOSED POLICIES LUEET-1. WASTEWATER TREATMENT PROJECTS (A) The League supports increased state and federal assistance in financing wastewater treatment facilities. Clean water is vitally important to the citizens of this country and particularly to residents and visitors of Minnesota. Minnesota's cities remain committed to improving water quality. Unfortunately, the costs involved In providing cleaner water are staggering. Because of the incredible cost, it must be recognized that it is economically impractical to immediately eliminate pollution. Therefore, all levels of government must cake a reasonably balanced approach to solving the pollution problem. The ability of cities to comply with any clean water program must be recognized as contingent upon the availability of adequate funds for building treatment facilities. Since 1978, federal funding for the wastewater treatment construction grant program has been cut in half. Additionally, the federal share of construction grants will drop from 75 to 55 percent beginning in fiscal year 1985. The budget constraints facing the federal government are undeniable, but those same constraints exist at the state and local level as well. It is unfair to those city residents who in the past have contributed their federal tax dollars to projects in other locations to be faced with a tripling of the local share for a project in their city. For this reason, if the federal government does not return the federal share for rehabilitation, repair, upgrading, and new construction of treatment facilities to 75 percent, the state should be the level of government to bear the increased burden. The League commends the legislature for the enactment in 1984 of a separate state grants program which increases overall state financing assistance. Increased revenues are needed for this program and the legislature should increase the percentage of financing which is available for particular projects. Several communities still have a significant amount of combined waste and storm water sewers which create overflows of untreated waste water during heavy rains and storm water runoff periods. The Federal and state governments are pressing the issue of meeting water quality standards which cannot be accomplished until separation is completed. An accelerated separation program cannot be funded only through local taxes. If the state pursues an accelerated separation program, state financial assistance should be provided to cover the additional costa due to the acceleration of the separation program, but not ac the expense of the overall construction grants program. LUEET-2. GROUND AND SURFACE WATER MANAGEMENT (A) and the environment It is necessary to plan and manage our water resources wisely. Many watershed districts, counties, cities, and towns have done a good job of dealing with surface and ground water management issues and have the authority and ability to continue to do so in a cost effective manner. These existing mechanisms should continue to be used to the greatest extent possible to address surface and ground water management problems instead of establishing a new system or creating new organizations. LUEET-2. GROUND AND SURFACE WATER MANAGEMENT (A) (cont'd) Local units of goverment should retain the basic responsibility for surface water management as they are the level of government closest to the problem. 1982 legislation required local governments in the metropolitan area to adopt surface water run-off controls and regulations. Cities have taken the lead in complying with this law, and similar steps need to be taken in the non -metropolitan area of the state. Non metropolitan counties should be required to adopt comprehensive water quality and land use plans identifying water problems based upon the sound hydrologic management of water, effective environmental protection, and efficient management. The legislation should require the county to seek input from affected cities and to allow counties to contract with cities for planning services. State funds should be made available to titles that are required to make substantial amendments to local plans and controls, or that are employed to assist the county in preparation of the comprehensive water -Ian. Special levies should be available to fund water management projects. The League supports the concept of jurisdictional reassignment of roads based on functional classification provided gnat a corresponding source or mechanism of funding made a silable for these roads. LUEET-3. SOLID AND HAZARDOUS WASTE MANAGEMENT (8) The League supports state programs, designed to minimize or eliminate the need to landfill solid and hazardous waste. The problem of regulating, controlling, and disposing of solid and hazardous waste will be one of the major environmental issues of the next decade, both nationally and locally. Major state legislation addressing this issue has been enacted annually since 1980. These acts responded to the concerns and Segues raised by the League and local government and ve commend the legislature for its actions. The existing waste management and control system for the handling and disposal of hazardous materials centralizes responsibility at the y. etu level but requires the cooperation and support of all levels of governme.a . The system established for solid waste is more .iffuse, relying on cities to control and regulate collection, counties to regulate or operate existing landfills, and the state to coordinate responsibilities and plan for future disposal needs. Both systems have been d-signed to foster and encourage abatement. recycling and resource recovery for as, much of the waste stream as possible and than to assure environmentally sound disposal for the remaining waste. The system has not been entirely implemented as yet. The League does not perceive a n,ed for major changes to existing legislation at the present time, but any future legislation that may be considered should enhance and not diminish the emphasis on these concerns: 25- UEET-3. SOLID AND HAZARDOUS WASTE MANAGEMENT (B) (cont-4) 1. Effective Planning. To the greatest extent possible, all levels and nits of government and the private sector should be Involved in all phases of planning and managing the solid and hazardous waste streams to assure a cost efficient and environmentally sound solid waste and hazardous waste disposal system. 2. Alternatives to Landfills. The League strongly endorses abatement, recycling and resource recovery activities and programs to reduce the need for the land disposal of waste. The goal should be to eliminate the land disposal of unprocessed solid waste, and to totally avoid the land disposal of hazardous waste. The League would support the prohibition of disposal of unprocessed solid waste in landfills provided that cost efficient alternatives are developed and funding is provided to cities to implement their responsibilities in a revised solid waste management system. A tax on solid waste deposited in landfills would be supported by the League if the funds derived from the tax would be used to establish a fund to pay for poet closure coats of landfills and to finance recycling and abatement programs in the particular county where the tax is derived. In order to m+ke local waste programs viable, a process for regulating the flow of solid waste must be available to provide a sufficient source of waste for any recovery program or facility. The Lor., ae also supports the concept that producers of solid waste should pay the t--c and full costs of solid waste disposal and commends the legislature for its forward looking initiatives during the 1984 session in which a three tiered system of fees on land disposed solid waste was established with the intent of establishing a fee structure based on the type of waste disposed of in landfills. 3. Compensation and incentives for communities. Waste disposal facilities have many undesirable impacts on "host" communities and compensation for all direct and indirect costs incurred by the community should be provided. Direct costs include such things as fire protection, vain and sever services, buffer zone design and amenities, litter clean-up, while indirect crests include such items as road maintenance, monitoring costs, end use planning and cite- administrative coats associated with the facility. The current authority for landfill host communities to impose a fee on waste deposited in the landfill should not be reduced. 4. Funding for Environmental. Personal and Property Damages. Recent studies have indicste9 that most, if not all, landfills eventually cause ground water contaminationtobleas. It is largely undetermined at this point what the eventual impacts will be and in contemplation of this the League supports a surtax on solid waste going into landfills which will go into a fund dedicated to compensate persons or communities injured or damaged by adverse environmental Incidents caused by landfill contamination, including real o• personal pro..erty damage, personal injuries, clean-up activities, eud alternative water sul v. 5. Clan -up of hazardous substance locations. The clan -up and decontamination of existing hazardous waste situ should be expedited to prevent :archer damage to public health, water supplies, and environment. If a responsible party can be identified, that party should be liable for clean-up costa, costs for remedial action, and personal injury dammg. lefined in law. -26- LUEET-3. SOLID AND HAZARDOUS WASTE MANAGEMENT (B) (cont'd) If a responsible party cannot be identified, or tesponsibility is contested by the responsible party, then the clean-up should be financed by the state superfund and the legislature should. consider the creati,n of a victims compensation fund to pay for the personal injury damages suffered by individuals. LUEET-4. TRANSPORTATION (0) An efficitnt transportation system is a vital element in planning for the fiscal, accnomic and social development at state, regional, and local levels. Since the agricultural and recreational economy of the state and its cities are dependent upon highway transportation, it is necessary to determine the long-range highway needs to assure the vitality of the stated economy. Furthermore, environmental concerns and the need to conserve energy require that alternate modes of transportation be utilized in meeting the diverse needs which exist invariouu communities and regions of the state. In order to provide a more adequate state governmental structure and funding mechanism for transportation system planning and development, the League recommends that the following changes be made: 1. Turnbacks. The State Highway Study Commission has been studying the possibility of reclassifying many roadways in the state as to appropriate nee classifications and jurisdiction. The increased cost for cities to assume responsibility for general maintenance and life cycle treatment far exceeds the current finaneis •apacities of cities. For this reason, no wholesale program of highway turnba. +hould be instituted at this time. Instead, existing mechanisms for the v.Jerly turnback of rocis should be fine tuned, including increasing the level of funding in the municipal turnback account, and prohibiting unilateral revocations or turnbacks by road authorities unless a hearing in held and the road is brought up to normal standards acceptable to the receiving jurisdiction before the revocation is effertive. Other changes needed to facilitate turnbacks include: a) State aid rules should be changed to allow counties to upgrade county state aid highways using c.s.a.h. funds prior to turnback with city concurrence and without penalty as cur ant imposed by the rules; b) The League Bapoorts ub, a portion of the highway motor vehicle excise tax to provide . adequate a"rce for turnback funds, aad; c) allowing cities to determine if a turnback toad will be designated is a state aid road or local street and if the city chooses to designate the ro, as a state -aid road this designation should .at affect the mtsadard designation process so that developing cities will be able to cautious to .. igeste a pe, entaxe of new road growth as part of the state aid system. -27- LUEET-4. TµANSPORIATIUN (IS) (cont'd) 2. An adequate level of highway user funds should be waintalned so that highway maintenance and reconstruction may be continued, and adequate funds be available for the state -aid street program. The Legislature has recently taken appropriate steps in this direction by increasing license fees and the gasoline tax to maintain this fund. Efforts should he made to eliminate any inequities In motor vehicle license fee schedules and other vehicle taxes. The League not support establishing a system of direct appropriations to cities under 000. 3. The special orate bonding program should be continued to provide funds for counties, towns and municipalities for the replacement or repair of bridges. 4. Funding for at to - -he existing level of operation for mass transit should be maintained ,t.. Available funds should be used at the city's option for capital o. expenses. 5. The legisiatun. I continue the Minnesota Department cf Transportation as the rides; ... cc program coordinating agency and to provide adequate funding for its co-tin,atlon. 6. The League supports the continued dedlcatior, of the sale am on motor vehicle sales for transportation purposes, Lrl advocates the prompt transfer of the motor vehicle excise tax into the highway user au transit assistance fund. 7. The possibility and feasibility of utilizing existing railroad trackage as part of a fixed guide way and/or light rail mass transit system should be addressed. If existing railroad trackage/right-of-ways are petitioned for •-mdonment, these or portions thereof should be preserved by appropriate government agencies through alternate public use until rail systems once again become economically feasible or needed because of energv consider:v'-,a. 8. The legislature should restore the bikeway grants progrsi in order to promote safety In a growing recce anal activity. LOEET-5. ANNEXATION (B) The League supports legis'v,1on making It easier tot cities to annex urban or urbanizing land which is in , n mile fringe are• •:. o_nd the city. Public policies u :ch encr., - tar, al development In non -urban areas and which extend public services oe xi,t}tg ju:isdictions a:,d re twice areas are wasteful and counter -productive. Cities offer a variety of lifestyles that consen nergy, and they are already centers of substantial p•tblic and private Investment. Additionally, ,rtw agricultural land is a major natural and economic resource and any atse land use strategy must include as a major objective the preservation of prime !cultural land. The state should establish a policy encouraging the yta. 1stlon of prime agricultural land d••• discourages the development of such Is-d ,inside designated growth areas to at 28- LUEET-5. ANNEXATION (B) (cont'd) served by a city and encourages local governments to adopt agricultural preservation policies and ordinances. Even if thce;c steps are taken, a great deal of development will still occur in the fringe areas surrounding cities. The state statutes regulating annexation must be changed to make it easier for cities to annex this developed or developing land, in order to insure the integrity of our governmental systems. It is unfair to city residents to have individuals avoid paying their fair share for municipal services by living in the fringe area around a city. The League recommends amending the annexation and planning laws to provide for arban expansion districts which would be designated as exclusive urban growth zone:. No urban development would be allowed outside these areas or outside existing cities. Upon development or the extension or urban services to these areas, annexation would occur upon passage of an ordinance of the city council. This method would provide a new, simple, and straight -forward procedure for cities to plan and grow by annexation consistent with soind land uEe management goals and maintain the integrity of our governmental system which provides that urban areas should be governed by the city form of government and rural areas should be governed by the township form of government. LUEET-6. EMINENT DOMAIN LAW (B) The League recommends that the legislature undertake a thorough study of the eminent domain statutes. The League believes the entire eminent domain process should be critically reviewed and streamlined. This examination 1 d include a reevaluation of the advisability of an alternative system of review, for example a professional referee, a hearing examiner, etc., using a professional referee in lieu of three commissioners to establish the value of the land; the public purposes for which the law may be aised, including its use to encourage economic development; and the legality and feasibility of collecting property taxes on property for several years in instances where the award is substantially in excess of the market value of the property for tax purposes. LUEET-7. ADVERSE POSSESSION (B) The League supports legislation making it clear that no adverse possession can bps had against the state and its political subdivisions. -29- LUEET-R. PLANNING AND ZONING LAW CHANGES (11) The League supports legislation conforming the statutory procedures for modifying a city's comprehensive land use plan with the statutory procedures for modifying a city's zoning ordinance. Existing state law requires a simple majority vote of a city council to adopt or amend a comprehensive land use plan, but requires a supermajority (2/3) vote to amend a zoning ordinance. The differing voting requirements cause a problem because the law also requires the plan and implementing ordinances to be consistent with each other. Situations have arisen where a majority of the council votes to amend the city's comprehensive plan but there is not enough support to effectuate a zoning change. In order to facilitate the process and avoid possible legal challenges, the League proposes to amend the law to require a supermajority vote to amend a city's comprehensive plan. The preceding problem is one of many problem areas in our planning and zoning laws. Recent piecemeal amendments have compounded, not helped, the problem. Therefore, the league recommends that the legislature create a task force to reform the state planning and zoning laws. The task force should be composed of representatives from cities and other local units cf government. LUEET-9. ENERGY CONSERVATION AND PRODUCTION (C) The League supports legislation providing incentives for energy conservation and production in both the public and private sectors. Overall energy conservation strategies involving the public, private, commercial, and industrial sectors are being developed by cities based on the rationale that conservation efforts achieve the greatest energy savings at the lowest cost. The League believes that a city's individual energy conservation strategy can he accomplished if the legislature permits or establishes some of the following measures: 1. Retrofit of Local Government Buildings. Local governments and school districts operate nearly 8,000 buildings in Minnesota. Possible energy savings in this sector range from 16-67 percent of current energy consumption by implementing operation maintenance changes and capital improvements programs. The League recommends support of the use of special levies to local governments for implementation of energy conservation measures, including building energy audits. This special levy could be designed to complement 1983 legislation authorizing 10-year installment payment contracts for capital equipment or services intended to improve the energy efficiency of municipally owned buildings. It would also supplement the existing special purpose capital expenditure levy law available now only to school districts. 2. District Heating. To promote statewide applications of district heating technology and to allow communities to make most efficient use of the State District Heating Bond Program, the League recommends the following: -30- 1.111.1 T-4. FNEAWY CONSEkVATION AND PRODUCTION (C) (cont'd) a. The legislature should provide additional funds or the ability to special levy for conducting; district heating feasibility studies at the community Ieve I; b. The legislature should strongly encourage consideration of district heating potential in the power plant siting process. c. The legislature should continue to allow use of State District Heating Bond Program for renovation of cr.isting district heating systems. d. Repayment of state bond issues would follow repayment of local obligations. 1. Low any, Moderatt Income Energy Assistance. Rising energy costs will continue to place a burden on the economic vitality of communities in Minnesota. The League recommends: a) continuation of the fuel assistance program for low-income house holds, with expanded services to train recipients in energy conservation practices and with a requirement of recipient participation in weatherization programs if the rec.`.aient is the owner; b) sup, -art for weatherization programs operated thrcug;ii cities, counties and CAP agencies, and; c) cont:nued support for the hHFA loan and grant program for home weatherization. 4. Conservation and Renewable Energ,• Financing. Declining federal support for implementing conservation and renewable resource projects will place a significant burden on local government attempts to maintain vital services to their residents and promote community development. The League recommends that cities be allowed to bond and to make a special levy for energy conservation and renewable resource projects. The legislature should also cer.tinue to encourage private sector conservation through tax credits and other incentives and should explore the possibility of expanding incentives for earth sheltered and underground development. 5. Local Regulatory Authority. Local governments are in the hest position to assess local needs and regulate energy consumption within their communities. The League recommends y,iving any municipality the option to adopt and enforce an energy code that may be more stringent than the state building code for purposes of energy conservation. -31- December 17, 1964 TO: LMC Member Cities FROM: Donald A. Slater, Executive Director RE: Development Strategies Proposed Policies The attached policies which have been adopted by Legislative Committee and are prioritized below. These policies as adoptrZ will be brought to the general membership at the Legislative Conference on January 29, 1985. Number Policy Title Priority DS-1 Industrial Development Bonds A DS-2 Housing B DS-3 Municipal Service Districts B DS-4 Tax Increment Financing B DS-5 Port Authority _ 6 DS-6 Community Development Principles C DS-7 Tax -Exempt Status of Land Held by Cities for Development C DS-8 Small Cities Comunity Block Grant Program C -33- DI.Vi•.1. T,'-i VI . ;!.:A"1E1,ILS iTOI10SED 1,01.1CIES DS-1. INDUSTRIAL DEVELOPMENT BONDS (A) The League supports the continued use of industrial development bonds through application of the existing lDli allocation system with revisions which support the following principles: 1) A maximum of Minnesota ll)B allocation being retained by municipalities. 2) The maintenance of local discretion and flexibility in IDB decisions. 3) The minimization of state control of local IDB decisions. IDBs allow cities to undertake a diverse range of activities to prevent economic deterioration, to attract new businesses and jobs, to retain existing businesses and jobs, and to maintain and strengthen the local tax base. The league strongly recommends that the IDB allocation system maintain separate allocations for entitlement and non -entitlement users. The League emphasizes that the critical function of any allocation system is the efficient and full utilization of Minnesota's 11?b allocation. DS-2. HOUSING (B) The League of Minnesota Cities continues to encourage the use of tax-exempt financing for housing and supports the Minnesota Municipal Housing Revenue Bond Act, M.S. 462C, passed in 1479, as amended in 1982, 1983, and 1984. The League supports amendments to Chapter 462C necessary to further assist cities in using housing revenue bond programs both as a redevelopment tool and as a way to provide housing for low- and moderate -income households. The League supports an allocation formula which would provide 50 percent of the annual state ceiling to cities. The allocation to cities should be allocated 50 percent to a lotterv, and 50 percent should be allocated to cities of the first class. Cities of the first class are excluded from the lottery unless they forfeit to the lottery their direct allocation. The state should reserve $10 million of MHFA s allocation for programs for small cities, including pooling programs. MHFA program funds should be targeted to cities in a manner consistent with local plans and programs. The MHFA should continue to improve its procedure whereby representatives of a diverse gr-up of cities, chosen in consultation with the League, can participate in decision making as to MHFA priorities in targeting funds to cities. Cities recognize that incentives for the construction and rehabilitation of housing form a vital part of city redevelopment efforts and serve the housing needs of its citizens, especially those of low- and moderate-incooes. Because of the Federal Mortgage Subsidy Bond Tax Act of 1980, the ability of cities to conduct housing programs has been severely limited. Federal law placed an annual cap on the dollar volume of the single-family mortgage revenue bonds that may be used in Minnesota. -34- DS-2. HOUSING (B) In 1981, 1982, 1983, and 1944 the Legislature enacted several allocation plans which divide bundfiig authority between cities in the state. Because of increased needs and abilities of cities to conduct local housing bond programs, the current allocation to cities in inadequate. In addition, the Leageu recomwends that the competitive system administered by MHFA he changed as follows: 1) 1he procedures and deadlines for rc ?:ing an allocation should he better publicized to cities by publishing notice in -lie state register and other means. 2) 100 percent of the loans should be reserved for t;,e first six months for families and individuals with incomes below 80 percent of the maxir.l.m family income. 3) only projects vhich will receive municipal sewer and water services should he eligible for financing;. 4) Cities which have not received an allocation in the past two year. (with the exception of Minneapolis, St. Paul, and Duluth) or cities which have loin[ programs =honld receive preference. 5) If all factors are equal, and there are more programs than chore are funds available, programs should be selected by lot. 6) The non -bond proceeds criteria should be eliminated because it encourages inappropriate "bidding wars" among cities and because it tends to favor new construction projects over existing housing and rehab projects. 7) The state law regarding the review of housing plans by RI)Cs or Metropolitan Council should be clarified to expedite the review process. 8) The league supports the continuation of state income tax exemption of interest or. mortgage revenue bonds. 9) MHFA should be required to reserve 100 percent of its bond program for six months for applicants below the 80 percent of the program income limits, and comply with other limits imposed on local programs. 10) M111A should be required to submit its multi -family bonds issue to the city in which the development is located for review and approval. The MHFA project should he consistent with the city's multi -family bond policy and the project should be reviewed by the Metropolitan Council or by the city's regional development commission. DS-3. MUNICIPAL. SFRVlCL DISTRICTS (B) The League supports legislation which would allow cities to create municipal service districts. Cities should be allowed to finance the types of improvements listed in M.S. 429.021 (relating to the construction, replacement, and maintenance of such things as streetR, sidewalks, gutters, storm and -35- DS-3. MUNICIPAL. SERVICE 7 i :'; sanitary sewers, water>*:z_•.s systems, street IiF,hts, and public malis, parking, or courtyards). Both service charge:: an,! ad valorem property tax should be available to finance services or capital improvements in the district. Recent court decisions concerning special as<:essme►;ts have made it more difficult for cities to use special assessments to finance public services and improvements. The Minnesota Supreme Court has interpreted the State Constitution to require not only that a cpectal assessment project "specially benefit" affected parcels of property, out also that the city be able to prove that the market value of a property will increase in dirCLt relation to the amount of the special assessment applied to that property. This interpretrstion h.,, problems for several important city functions. First, it is more ditticult assess ali (or even part) of a capital improvement project to repaii or replace, as opposed to newly built improvements. This result hinders cities from sheeting the widely recognized need for maintenance of the existing public infrastructure. Second, cities' ab..lity to finance annual operating and maintenance costs of some services to property through, the use of special service charges is either unclear or nonexistent under current law. The only current financing aitern:tive to special assessments or service charges is the general property tax. but it may not be desirable to use the general property tax to fin.-,nce somt2 capital or operating expenses. For example, if a road is used almost exclusively by people living in one corner of a city, it may be bad public policy to require the cost of replacing that road to be borne by all the property in the city. This is especially true if the property in the rest of the city has already been assessed for similar improvements. Or, if the central business district :,r mall of a city benefits from more frequent snowplowing or street cleaning, better lighting, etc. it may not be good policy to have All the city taxpayers ►;;:are in those expenses. DS-L. TAX INCREMENT FINANCING (B) The League recommends that the tax increment financing statute remain unamended. _ Tax increment financing has permitted many cities in various parts of the state to define and carry out rehabilitation, redevelopment, housing, and economic development projects or. their own initiative. It represents the most feasible and effective legal strategy which is currer.tly available to cities to preserve and improve their physical and economic Environment. DS-S. PORT AUTHORITIES (B) The legislature should adopt enabling legislation allowing any city to create a port authority. A number of cities have benefitted from special acts of the legislature allowing them individually to create port authorities. These cities have benefitted from additional flexibility in Elie economic development field. These opportunities should be available to all cities rather than requiring individual acts of the legislature. DS-6. coolvNi'ry DF.VFI.0PMI:NT PRINCIPLES (C) The League supports legislation which continues state assistance to cities for community and economic development. The league encourages the legislature to appropriate funds for direct assistance to business for economic development. As a matter of principle, the state should not encourage the use of such direct assistance for the sole purpose of moving businesses from one Minnesota city to another. Technical assistance should be furnished by the appropriate state agencies to aid cities ir, promoting local development activities. Minnesota cities have traditionally been responsible for their own economic growth. During the 60's and 70's, cities promoted development through the use of industrial revenue bonds, tax increment financing, and housing (or mortgage revenue) bonds. Substantial federal grant programs siipplemented local resources. The economic realities of the 1980's requi-e even greater effort:, by cities in community and economic development. As federal assistance disappears, cities are forced to become more creative in the use and leveraging of available resources. In recent years, the state has assisted cities' development efforts through legislation and agency -administered programs, incluc:ing Minnesota Main Street, Star Cities, Minnesota Housing, Finance Agency loar, programs, and small business rehabilitation loan programs. State legislation must continue to provide maximum flexibility for cities to carry out community development activities. Additionally, the state must actively promote economic development through direct assistance to businesses and more extensive technical assistance to maximize cities' ability to leverage local, state, and federal resources. Any proposed community and economic development legislation should respond to the following concerns: 1) Protection of cities' ability to finance capital improvements. 2) Mapagement of economic growth to maximize cities' existing capital investment. 3) Revitalization of cities reversing, the trend of dispersion of population and economic activity. 4) Recognition and allowance for the great differences between cities regarding their stages of growth and development, demographics, and types of economic activity within and adjacent to their borders. S) The legislature should enable the Small Business Finance Agency to package projects which are approved by local city councils into larger industrial revenue bonds. DS-7. TAX-EXEMPT STATUS OF LAND HELD BY CITIES FOR DEVELOPMENT (C) The League supportg granting unlimited tax-exempt status to property held by cities and their political subdivisions for later resale to promote economic development. Up until recently, almost all property owned by political subdivisions was granted tax-exempt status. In 1979, the legislature changed the law to provide that rop3rt held by a olitical gubbdivisly of the st (e for later Lesale or econofic ev lopment pur,oses would be cons ered a public purpose and therefore 3I- DS-7. TAX-i-AEMPT STAI1'S OF LAND HELD 1:1 C1T11.S i•()R DI:VFLOPNEN1 (C) (cont'd) tnx-er.empt fur a maximum period (if three yearn:. :n 198h, the legislature revised the st.,tiite, providing ux-exempt status fui a period of eight year:; in most situations ant+ granting an exemption for an unlimited period of years if the property is held for housing programs or is classified as "blighted land" under state law. The 1984 law provides, however, that if the property is acquired for economic development purposes and building or other improvements are constructed after acquisition of the property, and if more than one-half of the floor space of the buildings or improvements which is available for lease to or use by a private individual, corporation, or other entity is leased to otherwise used by a private individual, corporation, or other entity the property will be considered taxable. The overall intent of the statute is designed to create an irr,-ntive for political subdivisions to engage in economic development activities as well as to promote moving the property back onto the tax rolls. Unfortunately, i.t does not fully recognize that the process of developing industrial and economic growth, rehabilitating, or building housing may extend over a long period of time. The uncertainty caused by the vague provision on improvements and leasing of one-half of the property discourages cities from being active in establishing and maintaining local development corporations, from retaining as much control as possible over their economic development and planning process, and from being selective as to the type of development which may occur in the city. Cities have every incentive to get property back on the tax rolls as soon as possible. Therefore. the League recommend, that the provision concerning one-half installation of improvements be deleted or at the very least clarified, and that the eight year licit o» tax-exempt status be removed. DS-A. SMALL CITIES URNMUNITY BLOCK GkANT 1'W AAM (C) The League supports the state's continued administration of the Small Cities portion of the Community DevelopmcnL Block Grant (CDBG) program. The League also supports the cuntinuation of the set aside of federal funds for economic development grants ar.l augmented state appropriations to supplement the federal funds set aside. TL•e League discourages any legislative attempt to deal statutorily with complex, specific program criteria that are best handled administratively. The Small Cities CDYC program should continue as a source of funding which encourages cities to "develul. viable cormunities by providing decent housing and suitable living environment and expanding economic opportunities, principally for purposes of low- and n,uuerate-income," in compliance with congressional intent. The state should maintain the CDBG program balance betweer cities' economic development needs and the needs of low- and moderate -income people. Cities 0iould retain maximum flexibility in determining how to carry out CDBG program objectives. -38- December 11, 1984 TO: Legislative Committee FROM: Diane Loeffler. Legislative Representative RE: Adoption of Revenues Sources Proposed Policies The attached policies have been adopted by the Revenue Sources Committee and are prioritized below. These policies as adopted by the Legislative Committee will be brought to the general membership at the Legislative Conference on January 29, 1985. Number Policy Title Priority RS-1 Local Government AiL A RS-2 Property Tax Reform A RS-3 Levy Limits A RS-4 Municipal Bonds B RS-5 License Fees B RS-6 Special Assessments Financing B RS-7 Equipment Financing B RS-8 Malting Plants B RS-9 Railroad Taxation C RS-10 Tax -Exempt Property C RS-11 Assessment Equalization C RS-12 Local Option Taxing C -39- REVENUE SOVHCF.S PROPOSP.0 POLICIES RS-2. PROPERTY TAX REFORM (..) In >nacting an) major reforms of the Minnesota property tax system, the Legislature should ensure that the following conditions are met: 1) The impact of the proposal has been thoroughly analyzed not only from a statewide perspective but also in terms of its impact on indiv±dual rnmmim i r i o. 2) There should not he major shifts in the relative relationship of tax burdens between taxine jurisdictions. 3) All significant changes should he phased in so that cities can adequately plan for any needed adjustments. 4) Property tax reform should not jeopardize existing development districts whose establishment and financing was based on continued maintenance of the current tax structure. Any tax reform needs to recognize existing tax increment finance districts and their cash flow and obligations as outlined in their tax increment financing plan. Impact on enterprise zones must also be addressed. 5) Local government aid should he maintained as an essential component of the property tax system. (See the separate policy on local government aid for the League's position on this.) 6) If the net individual homestead tax bur,!(-n is increased, the state dollars freed up should lie u:.ed for property tax relief such as the circuit breaker. Changes in the circuit breaker application procedure should then be implemented so that qualify U property owners are able to meet their tax obligations without increasing delinquency rates or jeopardiz—g their cash_ flow to the point that their ability to get or maintain mortgage financing with tax escrow accounts is jeopardized. 7) Simplification and accountability are desirable goals that should be addressed within the above tenets. Many significant changes to the overall property tax system are currently being considered. Because no specific proposals had been put forward during the development of these policies the league has developed some general criteria to consider in evaluating any tax reform proposal. It is very important that any proposal be evaluated on the basis of its impact on individual communities. A proposal that appears balanced on a statewide basis can have a very diverse impact on individual cities. The disparity or difference in property tax burdens among taxpayers in neighboring tax jurisdictions should be kept within acceptable limits. Any imposed disparities could have a significant impact on the ability of cities to compete on a fair basis with each other for residents or economic development. Tax increment districts are dependent on the mill rate and assessment ratios of the current property tax system. The financial viability of those project-, 41 RS-2. PROPERTY TAX REFORM (A) (cont'd) should not be jeopardized by state imposed changes in the tax structure. Likewise, enterprise Tone businesses have been recruited based on a commitment that they would receive a preferential classification ratio in the calculation of their property tax obligations. These development districts should be protected from any negative consequences of tax reform. The tax increment financing plan in effect at the time that legislation is passed should be the basis for determining remedies. Any reduction or elimination of the state homestead credit program should not be implemented unless the freed state dollars are dedicated to property tax relief. Consideration is being given to reducing or removing the homestead credit in favor of greater reliance on the circuit breaker. Implementation of such a system might jeopardize the ability of some homeowners to make their May property tax obligations or be able to afford higher escrow account payments on their mortgages. It is recommended that if such a system is implemented that homeowners apply for it early in the year and have it credited against their tax bill in both the May and October payments. Perhaps the application for circuit breaker could be sent out with the property tax statements. RS-3. ELIMINATION OF LEVY LIMITS (A) The League of Minnesota Cities recommends that the Minnesota Legislature repeal the levy limit laws in M.S. 275.51, M.S. 275.11, M.S. 426.04, and M.S. 412.251. Cities in Minnesota must comply with multiple limits on their ability to levy taxes. These limits are confusing and complex to administer. All cities are subject to a per capita limit outlined in M.S. 275.11. Certain levies are allowed outside this levy limit but these special levies differ from those contained in the other limits. Statutory cities are further constrained by a millage limit on their general purposes levy found in M.S. 412.251. Special purpose levies are allowed outside of this levy limit. Home rule cities may have levy limits in their carter. Their charter limit may be affected by M.S. 426.04 if it is less than 13 1/3 mills. Iron Range home rule cities in which more than 25 percent of the assessed value consists of iron ore have special provisions in statute. The percentage limit in M.S. 275.51 is the one the majority of cities are most constrained by and the one most policy makers are familiar with. The 1983 legislature exempted all cities with less than 5,000 residents from this iimitation. This was a positive step, since this levy limit law, with all its special levies and frequent changes and exemptions, required cities with relatively simple budgets and small staffs to engage in time-consuming, costly, and complex efforts to operate within the complexities of the law. The League feels that all cities should be trusted to responsibly use their taxing authority. The League continues to oppose levy limits because they apply uniform state-wide restrictions to cities and are too inflexible. The current -42- RS-3. ELIMINATION OF LEVY LIMITS (A) (cont'd) laws do not recognize changing local conditions with respect to expenditure needs or revenue sources. For example, no allowance is made for cutbacks in federal revenue sharinV or for changes in the trethod of financing some activities. The law does not make adequate allowance for the additional cost of municipal services due to an annexation or consolidation or for shifts of service or costs of services between governmental units. Given uncertainties in state and federal financial aids and the diverse problems and circumstances faced by cities throughout the state, uniform limits are impractical. Such laws are inconsistent with the principles of local self-government and accountahility. RS-4. MUNICIPAL BONDS (B) The League of Minnesota Cities recommends that the Legislature repeal interest rate limitations on general obligation and revenue bonds of cities. The traditional way of financing most local p-bl.ic improvements and facilities has been and will likely continue to be through the issuance of bonds. If the needs for replacement, repair, or expansion of local capital improvements are to be met at a reasonable cost, a broad market for municipal bonds must be maintained at the most favorable interest rates possible. It is the League's position thi,: artificial statutory bond interest ceilings do not have the effect of holding down interest rates, and may in fact add somewhat to the costs of bond issuance by the creation of additional legal and procedural requirements. Because interest rates in the bond market fluctuate in response to a combination of many economic forces, it is inappropriate to impose an interest ceiling upon local governments. Local officials must operate within the realities of the market and whether there is a statutory ceiling or not they have every incentive to keep issuance costs as low as possible. RS-5. LICENSE FEES (B) The legislature should repeal all maximum fee provisions relating to ofi-sale liquor, on -sale wine, bottle club and Sunday liquor licenses and allow cities to decide locally the appropriate fee to charge for such licenses. With few exceptions, the statutes granting authority to issue licenses or permits do nt�t specify maximum fees. Cities have the discretion to set fees, based on their own costs, needs, and standards. Case law provides ample limitations on cities' power to set license fees in that revenues produced must be related to the cost of issuing the license and regulating the licensed ►+usiness. It is inappropriate`oc the Legislature to set maximum fees for off -sale liquor, cu-sale wine, bottle club and Sunday liquor licenses. Cities have acted responsibly in using their discretion to set on -sale liquor license fees. It -43- RS-5. FE' S (M) makes no sense to grant that power and then to deny them the power to set off -sale liquor and on -sale wine license fees as well as Sunday liquor and bottle clttb fees. There is no evidence to show that lifting the statutory cap would lead to unjustified fee increases. Some sort of reasonable increases in off -sale license fees could be expected in light of the fact that the statutory maxim.,m fee hasn't been increased for over 30 vears. RS-6. SPECIAL ASSESSMENT FINANCING (h) The law on interest charges on �speeial assessments should he changed so that a city may charge an interest rate that more full` reflects the cost the financing ` Special assessments financed by bonds. In 1982 the legislature changed the law governing the :statutory interest ceiling for municipal bonds. The new law, which provides for a floating monthly maximum interest rate, creates s problem cancerning the interest rate which a municipality may charge on special assessments. The interest rate which may be charged is determined according to the maximum rate allowed to be paid on municipal bonds for the month in which the resolution authorizing the special assessment is adopted. If a city sells the assessment bonds in a later month, the interest rate payable on the bonds may be greater than that allowed to be charged for the special aspessment. The city is left having to absorb extra costs. The League recommf:nd: that the law he changed to ensure that a city may charge an interest rate on special assessments at least one percentage point higher than the rate payable on the bonds which finance the assessment. Special assessments financed internally by a cit. M.S. 429.061, subd. 2, res icts to 8 percent the interest rate a city may charge on internally financed ..,)ecial assessments. The League recommends that the allc­:able interest rate he increased to more accurately reflect the cost to the city of internally financing assest:oner's. M.S. 412.32 should he amended so that all Minnesota cities are able to issue five-year equipment certificates in an amount not to exceed one percent of the city's assessed valuation in any given year. Nc reverse referendum prevision should apply unless the city wishes to exceed the one percent limit. Statutory cities in Minnesota have the power to issue certificates of indPhrednecs, payable in not more than Live years, to purchase fire, police, ambulanct, street construction, or maintenance equipment. (M.S. 412.301.) If the amount of the certi` cates exceeds one percent of the city's assessed valuation, a reverse refs-endum provision applies. In 1983, the Legislature granted similar financing powers tc Minnesota's home rule charter cities (M.S. 412.32). without any reverse referendum provision. However, the total principal amount of the certificates (or "capital notes") issued in a fiscal year it limited to no more than one -tenth of one percent of the city's assessed value that year. In many cities, this limit is prohibitively low, and effectively prevents the city from r'naking use of the authority granted in tt;is statute. RS-8•. MALTING STRUCTURES (H) The league recommends that the legislature specifically designate all structures used in the process of creating malt from grain as well as structures used for storage and drying grain as real property subject to property taxation. Recently a Minnnesota Tax Court decision declared that portions of the structures used in the process of converting grain into melt were attached machinery and therefore exempt from real property taxation. The impact of this decision on property taxes in certain areas with a concentration of malting operations is significant. There is concern that based on this precedent, the courts could extend the exemption to any structure specifically designed for warehousing certain goods or commodities such as grain elevators. The legislature has specifically designated electric generating plants and equipment as real property subject to property taxes so there is precedent for this type of -iesignation. RS-9. RAILROAD TAXATION (C) A new formula should be adopted for the valuation of railroad operatin& property for property tax purposes. The existing system for taxation of railroad operating property is not consistent with the taxation of other commercial and industrial properties. The present formula values railroad operating property at about 20% of the value which would be determined by a local assessor using generally accepted assessing principles. The League recommends that a new system of property taxation be established which enable railroads operating in Minnesota to be taxed consistent with the taxation of other commercial and industrial properties. This system should contain the following features: A new formula should be developed for the valuation of railroad operating property for property tax purposes. The new formula should contain two equal factors. One of these factors should be 50 percent of an amount based upon: the average value of all of the taxable land in the city or county times the area of the railroad operating land plus the value of railroad operating structures as determined by the local assessor. The other factor would be an amount based on either the stock and debt of the railroad or the capitalization of earnings approach. "Operating land" is defined to mean any land which underlies the operating structures defined below and rights -of -ways adjacent thereto and which is necessary to the integral performance of railroad transportation services. "Operating structures" is defined to mean all structures owned or used by a railroad company in the performance of railroad transportation services including without limitation, franchises. bridges, trestles, tracks, shops, docku, wharves, buildings, and other related structures. All operating structures except railroad bridges, trestles, tracks, docks and wharves, should be taxable. The present system for v.:luing and taxing non -operating property should not be changed. -4 5- RS-10. TAX-LXE.MPT PRO-ERTY (C) State, county,-.chool district, cite, regional government, and other owners of tax-exempt property (except houses of worship) should be required to reimburse cities for the cost of police, fire and street services. One of the glaring inequities in the Minnesota tax system involves local services that ary provided free to tax-exempt property owned or used by the state, counties,-•chool districts, regional governmental bodies, and by certain non -governmental organizations. it is widely acknowledged that such property benefits directly from governmental. services such as police and fire protection and street services provided by cities. Since there is no legal basis, however, for claiming reimbursement for the costs of such service, they are borne by the local taxpayers. Furtherrore, such property is concentrated in certain cities, resulting in a heavy cost burden upon those cities. RS-11. ASSESSMENT EQUALIZATION (C) The Legislature should repeal the coefficient of dispersion penalty provision. The League opposes the sales ratio being used as a basis for either penalties or bonuses in state aid funds after the formula distribution has been determined. The League favors improved property assessment practices for numerous reasons. First, county, schoo: and special district levies overlap various city taxing jurisdictions. If the sales ratio of one city is lower than that of another city in the same county, the residents of the high -sales ratio city bear an unfair additional tax burden. Second, various state formulas consider property tax base valuation in distributing aid. Although sales ratios are used as an equalizing factor, sales ratios themselves are often flawed or inaccurate because of the difficulty of computing ratios. The recently adopted adjustments to reflect the effect of seller financing were a significant improvement but problems still remain. There may not be enough sales in a given class of property in an area to accurately determine a sales ratio. Also cities with diverse or unique properties have a much more difficult time assigning market values than more homogenou., communities. It is important to recognize that statistics such as sales ratios and coefficients of dispersion (which are calculated from sales ratios) are at best general indicators. They are tools for helping assessors and for insuring as equitable as possible distribution of state aids. However, they should not be used as precise measurements for additional penalties or bonuses of state aid funds once the distribution has been calculated. Coefficient of Dispersion Penalty For the past several years the deadline for the effective date of the statutory coefficient of dispersion penalty has been extended due to major problems in administering the law fairly. If the Legislature determines a need exists, the Comm sioner of Revenue should be required to order a reassessment of an art by an independent appraiser if indicators fall significantly below acceptable national standards. The costs of such reassessment should be borne by the responsible assessing jurisdiction. -46- RS-11. ASSESSMENT EQUALIZATION (C) Sales Ratio Equalization The Legislature should require that all cities have at least a 90% sales ratio. The sales ratio sample should be conducted or audited by the state Department of Revenue, the Commissioner of which would be required to make aggregate increases in those cities below 907. All costs incurred by the Commissioner shall be paid by the assessing jurisdiction. The sales ratio sample should be for a 12-month period, beginning no more than 18 months before the assessment date. RS-12. LOCAL OPTION TAXES (C) The League recommends that cities be given local option as to other non-tradit oval revenue sources in the event that state shared revenues are cut back. Local option taxes such as city or region imposed sales or income taxes should be considered only to replace any loss in state shared revenues. They should not replace the traditional revenues of cities. Sales and income taxes are much more volatile in that they more directly reflect national economic trends. Few cities have the capacity to accurately predict changes in their economy and thus financial planning for these revenues would be difficult. -47- 0 December 17, 1984 TO: LMC Member Cities FROM: Ann Higgins, Staff Associate RE: Federal Legislation Proposed Policies The attached policies have been adopted bN the Legislative Committee and are listed below. These policies as adopted will be brought to the general membership at the Legislative Conference on January 29, 1985. Number Policy Title FL-1 General Revenue Sharing FL-2 Municipal Bonds FL-3 Industrial Development Bonds FL-4 Wastewater Treatment FL-5 Lead -Contaminated Soil FL-6 Job Training Partnership Act FL-7 Infrastructure -49- FEDERAI. I.ECISLATION PROPOSED POLICIES FL-1. GENERAL. REVENUE SHARING The League_ supports the reauthorization of General Revenue Sharing by the 99th Congress at an increased level of funding. The league opposes inclusion of energy severance taxes in the calculation of fiscal effort attributed to the states in the determination of GRS allocations. Congress and the administration should resist the temptation to use GRS as a lever to obtain other governmental reforms at the local level. Revenue sharing should be a flexible, decentralized program free of bureaucratic entanglements. The League is not encouraged by the direction thus far of the U.S. Treasury's study of the program, which, to date, has focused on the cost to the Treasury of deductibility of state and local taxes.The League opposes any effort to further restrict or eliminate tax- exempt bonding authority for cities or the removal of deductibility of state and local taxes on federal income tax returns in order to obtain continued adequate levels of funding for General Revenue Sharing for cities. Neither does the League favor the creation of a Taxable Bond Option as a substitute for the continued authority of cities to use tax-exempt municipal bonds. The League understands that the federal government is considering budget revisions that cut programs of interest to cities. The League is quite clear, however, that the General Revenue Sharing Program is of vital importance to all Minnesota cities. These cities utilize GRS to account for a significant portion of their budgets. Since, in most instances, those funds are a part of the city's operating budget, reductions in GRS leave cities no choice but to raise taxes or reduce city services and personnel. Neither alternative is an acceptable method of dealing with the increasing needs of city residents for those services given the loss of other urban assistance programs. FL-2. MUNICIPAL_ BONDS The League supports the maintenance of the tax-exempt status of state and local bonds. The traditional way of financing most local public improvements of facilities has been through the issuance of bonds, and this is likely to continue for the foreseeable future. Consequently, if the need for local improvements is to be met at a reasonable cost, it is imperative that a broad market be maintained for municipal bonds at the most favorable interest rates possible. The exempts( :om federal income taxes of the interest on municipal bonds has been and co;" cs to be the key factor in maintaining a healthy market for municipal bonds +is tax-exempt status of state and local issues not only maintains a sepai..Le market for them but also recognizes the right of state and local government to independently manage their fiscal affairs. In recent years, however, some have become concerned that the traditional market for state and local bonds will not be able to satisfy the rapidly growing need for capital for public purposes. Concerns have also been raised about existing methods of tax -50- FL-2. MUNICIPAL. BONDS avoidance, including tax-exempt interest on state and local bonds. These two concerns have resulted in several bills in Congress to make interest on state and local bonds taxable. A convincing case has not been made for such a radical change which could damage the independence and viability of state and local government. FL-3. INDUSTRIAL DEVELOPMENT BONDS The League supports the continued availability of small issue industrial development bonds to cities after December 31, 1986. The League continues to oppose federal efforts restricting local authority to issue IDBs through the imposition of state -by -state per capita volume limits. The League also urges Congress to remove the December 31, 1986 sunset on the current authority of cities to issue small issue IDBs. Industrial development bonds are useful tools which allow cities to take an active role in fostering a diverse range of economic development or redevelopment projects. They are also the primary means by which cities can provide employment opportunities within the city. Due to federal program cutbacks, the need for locally controlled development tools is greater than ever before. The League does not find evidence sufficient to conclude that the volume of tax-exempt debt is a significant factor in determining interest rates on general obligation bonds. Many factors may reduce the demand for bonds and force interest rates to rise. To attribute high municipal bond rates to the availability of small issue industrial development bonds ignores the complexity and volatility of the present economy. Furthermore, large issue IDBs take up a much larger percentage of the tax-exempt market than do small issues. The League recommends, however, that any issuer be required to adopt and follow local guidelines ensuring that the projects be part of an overall economic and physical development plan for the city. FL-4. Wastewater Treatment (A) LMC supports a return to a federal government share of 75 percent of the cost of rehabilitation, repair, upgrading and new construction and favors continued eligibility (for federal funding) for construction of treatment plants, interceptors, and major appurtenances, infiltration inflow collection, major sewer rehabilitation, collector sewers, and combined sewer overflow projects. Funding for the program should be substantially increased to ensure that cities will be able to continue their pollution abatement efforts on an uninterrupted basis. The League opposes any reduction in federal funding of these programs. -51- FL-4. WASTEWATER 'rR1'AV'-1FN'i to i,vt ' d I The league supports the creatiou of a federal loan program to assist in the financing; of wastewater treatment projects, but only as a supplement to the existing grant program and not as a replacement program. Federal grants should be made to the states through water quality block grants, with the focus on achieving significant improvement of water quality. Oversight by EPA should be restricted to general oversight of grant administration by the State agencies responsible, such as the Minnesota Polltitton Control Agency. A great deal of the cus:tt, i.on it: directly attributable to delays in processing; the grants ano ;evlewitig; ii;e projects. There is little doubt that the administrative coots ccuI6 l,c reth:ced significantly by employing block grant deliveries to the states. Clean water is important to the economic and social well-being of not only the State of Minnesota, but the nation as a whole. The League supports the federal government's recognition of water quality as a national problem and feels the establishment of national water quality standards is appropriate, providing that the federal government assists in funding necessary programs. Asaistance from the federal government is necessary is there is to be any hope of meeting the 1988 target date for effluent standards. If federal funds are not available to support the requirements and objective of the Act, timetables for meeting these requirements should be postponed or the requirements reduced. The League suggests that th? Environmental Protection Agency's compliance policy should be modified so tnat municipal wastewater treatment compliance plans ca;, }o sr:•uctured to achieve the level o.• compliance that is consistent with frdtrr.J f inancia'. aesisr.ance. Additionally, the League recorrmends that wastewater treatment programs be modified to provide financing; to upgratae alternative environmentally sound systems of on -site or community dif:posal of domestic and commercial waste in cities. The existing system hc;a tendeu to rely too heavily on single solution approaches which mey not he appropriate or economically feasible in small communities. As a result, small cities have been required to install very costly central collection and treatment systems without regard to cost/benefit considerations or their ability to finance the continuing operation of such systems. Similarly, larger cities have been discouraged from using alternative strategies where they might be appropriate. FL-S. LEAD -CONTAMINATED SOIL The league of Minnesota Cities urges Congress to take action to eliminate health problems caused by lead -contaminated soil and to adopt federal standards for lead levels in soil as well as air quality rules to provide for the total elimination of leaded gasoline for use by automobiles by the earliest Possible date. Cities are pre-empted by the federal government from taking action to protect residents from automotive lead emisFinns since regulation of air quality standards is a matter of ik!-avr.ii .jori.-,Jit t It iN necessar:' for Congress and federal agencies and uepurtc+ene: dirrc•rly involved with air quality regulation to recognize the threat to public health crated by the continued presence of high levels of lead contamination in inner city soil, resulting in large measure from combustion of leaded gi-sol ine. While there am standards for permissable levels of lead in air, water, and paint, none now exist for 1LmitS on the amount of lead considered safe when found in soil. Much of the soil in our inner cities is now contaminated to such a degree that it would conr,titute a hazardous waste if found in an industrial site. Since the major continuing source of new lead exposure is the combustion of leaded gasoline, it i� incumbent on the federal government to take immediate action to end the addition of new lead contamination in our cities. FL-6. JOB Training Partnership Act The League supports changes in the Job Training Partnership Act that will encourage states and cities to increase job and training opportunities for the hard to employ, including youth, dislocated employees and the structurally unemployed. There is a need to direct services and employment opportunities to those persons least likely to become fully employed without further education and training. Those persons are also the most disadvantaged as a result of long-term unemployment and lack of access to training opportunities. Federal matching funds for state and local efforts as well as additional provision of incentives to encourage states and cities to use other federal assistance to aid targeted populaCions are also needed to support public and private action in this area. Included among such incentives, the League supports the continuation of the Targeted Jobs Tax Credit to encourage businesses to hire the structurally unemployed and disadvantaged youth. Improvements are also needed in both public and private job training programs. If training costs for private companies were made tax deductible when made available to disadvantaged youth who lack work experience and basic educational skills, private sector participation in such programs could be expanded and sustained. The league supports such an approach as supplementary to the continuation of the Job Training 1'.!rtriership Program. FL-7. Infrastructure ( The League supportt, the ..ration of a revolving loan program to assist financing the repair and rehabilitation of the urban infrastructure but only if the program is supplemental_ to existing grant programs. The federal government should recognize the importance of local public facilities and infrastructure to economic and community development. Current federal financial assistance is inadequate to meet existing and future infrastructure heeds. Funding for existing infrastructure -related grant programs, such as the federal aid highway, transit, and wastewater treatment programs, should be increased, and a multi -year loan program should be created to supplement federal grants. Making both grants and loans available would provide cities more flexibility in Structuring their local construction financing programs. -b3- 44 W SAEO MIEI NEHAHA CREEK LAKE MIM METO MIIA WATERSHED DISTRICT % P.O. Box 387, Wayzata, Minnesota 55391 4„t.eu F uF AOARO OF MANAGERS: David H Cochran Pies -Albert L Lehman -John E Thomas Michael R Carroll -Camille D Andrr -James B McWethy -James R Spensley MEMO TO: Mayors and City Managers of All Clerks of All Townships With the 509 Technical Advisory Committee Other Interested Persons Municipalities With the District District FROM: Minnehaha Creek Watershed District Board of Managers DATE: December 26, 1984 RE: 509 Watershed Management Planning Preliminary Policy Statements - Second Draft ` JAh 41 j� CITY OF OR NO On April 25, 1984, the Board of Managers forwarded for your review and comment a first draft of preliminary policy amendments consistent with Chapter 509, Laws of Minnesota. The purpose of that process was to begin developing workable and practical management strategies for key water management issues. The Board of Managers received written and verbal comments as a result of the April 25, 1984 submittal. The comments were considered and discussed in detail at several special work sessions in the Summer of 1984. As a result of these work sessions, most of the comments and ideas received were incorporated and the format of the preliminary policy statement was modified. Attached you will find the second draft of the preliminary policy statements for your review and comment. As before, it is suggested that responding parties forward comments through their Technical Advisory Committee (TAC) representative, if a representative has been designated by the City. In the coming months, the Board of Managers will continue to develop standards and criteria to provide guidance for implementation of final policy. The Managers will provide opportunities for the TAC to assist in developing these more detailed and technical documents. The Board of Managers request your comments regarding the second draft of the preliminary policy statements by March 1, 1985. Should any municipality, town- ship or other interested group wish to meet with the Board of Managers regarding this matter please feel free to contact Michael Panzer, District Engineer, E.A. Hickok and Associates, 545 Indian Mound, Wayzata, Minnesota 55391 at 473-4224, or Gary Macomber, District Legal Council, Popham, Haik, Schnobrich, Kaufman 6 Doty, Ltd., 4344 IDS Center, Minneapolis, Minnesota 55402 at 333-4800. -b" -A - LUG._ _ David H. Cochran, President -- Minnehaha Creek Watershed District Revised December 11, 1984 MANAGEMENT OF RUNOFF AND PROTECTION OF WATER QUALITY Flooding problems now occur in the urbanized areas of the watershed and on Lake Minnetonka. Water quality problems exist in many of the lakes and streams throughout the watershed. GOAL Reduce the severity and frequency of flooding and high water and improve the chemical and physical quality of surface water. POLICIES A. Manage stormwater and snowmelt runoff rates on a regional or subwatershed basis throughout the watershed so that future peak rates of runoff into major surface water bodies are reduced or equal to existing rates. B. Implement and encourage non-structural runoff management practices wherever possible using and preserving wetlands, floodplains, and other natural detention basins to reduce runoff rates and non -point nutrient and pollutant loadings. Revised December 17, 1984 EROSION AND SEDIMENTATION CONTROL Sedimentation in lakes and streams and other water courses in the watershed from on -going erosion processes and construction activities reduces hydraulic capacity of streams and degrades water quality. GOAL Control temporary sources of sediment resulting from construction and land development activities and to identify, minimize and correct the effects of sedimentation from erosion prone and sediment source areas. POLICIES A. Require preparation and implementation of erosion control plans for construction and land development activities. B. Encourage best management practices to control erosion, soil loss and resulting sedimentation of water areas. C. Develop a program of corrective measures for maintenance of water bodies to preserve adequate hydraulic and navigational capacity and water quality. Revised December 17, 1984 MANAGEMENT OF PROJECTS LOCATED IN PROTECTED WATER AREAS Projects located in protected water areas can restrict hydraulic or navigational capacity of waterways and significantly alter water quality and natural features of shoreland areas. GOAL Maintain the hydraulic and navigational capacity of watercourses and to preserve water quality and the natural appearance of shoreland areas. POLICIES A. Minimize the use of watercourses, waterbodies and wetlands for the placement of fill, roads, highways, utilities and other structures. B. Minimize any adverse changes in water levels and water quality resulting from projects in the watercourses, waterbodies and wetlands within the watershed. Revised December 17, 1984 FLOOD PLAIN MANAGEMENT Floodplain development has contributed to high water conditions and water quality problems on Minnehaha Creek, and has increased the potential for high water conditions on Lake Minnetonka. GOAL Preserve existing water storage capacity below flood elevations on all water bodies in the watershed to minimize the frequency and severity of high water. POLICIES Minimize development in the floodplain which will unduly restrict flood flows or aggravate known high water problems. Revised December 17, 1984 MANAGEMENT OF DREDGING PROJECTS Lk ek.,ling projects can modify the natural appearance of shoreland areas and dEyrade water quality. GOAL Preserve the natural appearance of shoreline areas and minimize degradation of surface water quality which can result from dredging operations. POLICIES A. Allow dredging projects to improve the recreational, wildlife and fisheries resources of surface waters, and when necessary to implement or maintain an existing legal right of navigational access. B. Prohibit dredging in the water courses, water bodies or wetland areas, permanent or intermittent, which would enlarge a natural water course landward to create a channel to connect adjacent backwater areas for navigational purposes. C. Allow maintenance dredging to remove sediment. 473-703 11 � V .YM! 7 1985 U) L.M.C.D. ':FETING SCHEDULE January 1985 Saturday 1-12-85 Water StructLres & Environment Committee 7:30 a.m., J. J. 'till's Ironhorse Inn, Wayzata Saturday 1-19-85 Executive Committee 7:30 a.m., Park Bench Eatery, Spring Fdrk Monday 1-21-85 Lake Use Committee 4:30 p.m., LMCD Office, Wayzata Wednesday 1-23-85 Public Hearing: Ultralight Regulation 7:00 p.m., Tonka Bay Village Hall 4901 Manitou Road (County Road 19) Wednesday 1-23-85 Regular Meeting, Board of Directors 7:30 p.m., Tonka Bay Village Hall 4901 Manitou Road (County Road 19) 1-4-85 NOERE P% *ERQ MEMGR I AL COUNTY PARK pn' . 9ORY COMMITTEE i tr ET I NO .9VEMBER 29, 1904 4:00 P.M. Pr a sent: Richard Gray, Chairman Bob Kojetin J. Dianne Goetten Mrs. James Fish Barbara ►:aerwer- ,absent : Mickey Goldman Mrs. Henry Doerr JoEllen Hurr HVIF'RD Si -if f: Marty Jussen Don Ki no Judv McDowell Interpretation of t tjq_Wj.0 COUNCIL MEETING CITY OF ORONO G1 en Ray Ge•)rgo Rector Mi 1<:e Heger Bob Muroas Barb Peter -son Toni Ri 1 �y HanE.. 5erwat Dick. Gray opened the meeting tv -Elerr:r;q the committee to a series of letters betww=,an himzcll a.nc.' r:_�ass E!ennett, an attorney providing legal advice on his interpretation of the intent of Lcora Hoppe's will. (Copy attached). Gray reviewed the lettei-a for thti committee, Focusing on the following ouints made by Mr. Elvnr,ett: 1. The two separate portions of the parl were designated for two separate ube,.z. The north portion is clearly intended to be a game refuge and should be developer ass such. Gray mentioned a facility in New York that had been successfully developed into a bird observation area for the public while remaining in its natural state. This was accomplished through thV use of large picture windows and microphones that allowed the visitors to hear as well asi wee the birds, yet provided 7+ buffer between them. Only earnings of thf. funds should be used fore maintr�nance (if the earl. - with principal retained for investment. No restrictions in the will were defined as to where the funds could b,_- invested. However, Marty jessen stated that the District has legal restrictions a s tc where it can invest. 4. "Maintenance" was defined to include modest improvements. Bennett referred to walking pithis, labeling of plants and signs as examp 1 es. 5. Boating was clearly not intended to be part of the park. actcvities. Thr� includes both launching .rind docking. 6. Thc- typf_ of garden war, not specified in the will. A single them(-.! p,rr den wau 10 be .Appr opt a at a as woul d any comb i nat i one of Ltrlmr•t:,. 7. Although raiking lal-qe amounts of money for the purp;ot-7,e of improving the park: was not contemplated in the will, Bennett is against it as it could ret5ult in a change of character in the park.. Gray summarized this section by stating that the will clearly intended Nuer-enbe rg Park to be c{ low-key although well. -kept place to visit. Commento on thu interpretation of the will centered ()n whether funding for the park its indicated in the will would btr enough to providu for a well -maintained par,.. PLIeStions included: Could county funda be iced? Gould basic facilities st.rch as a parf:.ing lot or restrooms be constructed from the earnings? Jessen stated that earnings could be :Jr 12rJ,00(-)/year. Operating expenses in 1905 total $77,000. Is the interpretation too narrow? Glen Ray stated that Denne+t's interpretation of the w: 1 l seemed to be in conflict with the interpretation of the original committee. Gray suggest(?d that furthnr~ efforts at interpretation be investigated. He requeLted that members of the committee ta!::e time to review the will and Bennett-'s interpretation themselves. He also suggested that thc• county gain additional insight intu the intent of the will by way of an interpretation by the County Attorney ' s office. Aro.g!:q .gyp_ Home DF�mcrostration Gardenp Mike Heger made a p,esentation on the Home Demonstration (ar-dens currently being developed at the University of Minnesota Landscape Arboretum. The philosophy of the gardens is to display small garden spaces that homeowners can easily relate to. Themes included fruits and vegetablew, kitchen herbs, dwarf and small growing plants. wildflawers, vt'c. It wa% stated that the- concept of the Home Demonstration garden was also conceive -id by the original Noerenberg Committee prior to the Arboretum' beginning itss plans. Ihgmr:5s_ Gray opened up discussion for ideal; from the committee as to themes that might be incorporated into the gardens. Ideas included: Vi Ltori an Old English Minnesota native plants Winter garden Estate gardens It was suggested that resources for the garden planning and design be an individual or firm of national significance. J&S, Seh suggested that these terms be defined for the nr;,:: t meeting in order that .a distinction be made between then. `.�(_ Vf: -al l and mar l: gardens refer red to dur i ng the discuss -ion inclLid ed: - Williamsburg, _Vir inia.- colonial, early Ary,crican gardens of French i of 1 uencn, very formal. - Winston Churchill's home, England -- emphasis on greens, very typical of English countryside! public allowed to walk anywhere. Note A correction was (nade in the Nov. 1 minutes referring to J. Diann Goetten's report to the committee on City of Orono zoning standards. Omitted from the report was a statement indicating that standards pertaining to hardcover and zetbackss may be waived by obtaining a variance front the city. Next meeting_ Thut,sday, December 27, 4 p.m. rrc•sh(yat_or Inoti bate Officers R.ths,d G Gray St Chairman Dr Rrchard 5 Caldec oil V,tr i ha,rman Geo,pe 1 Prnncxl Var Cha"man L.ndws G Arthur If Set reta,) N Dunun MacMillan T,eawrr, D, Joteph P Rotvllon P,rndrnt Dirroon: 5e..alt D Andrews. Ir November 7, 1984 Lindsay G AMhvt. I, Rose, L BNet %Mlham M Bake, Raymond D black wrlltam M BNc►en Dr Thomas E Brunelle Mr, MerbeM"' Bucher Mr. Russell M. Bennett D, R,chard s Caldecotl Gray, Plant, Mooty, Mooty 6 Bennett Mrs Benson I Caw DanrelC Chabot 3400 City Center ►.enr, Doe„ Minneapolis, MN 55402 K-n`tley lode, Rrchard G Gray, Sr James L Metland Ir Dear Russ: Mry John Q lrvme FRESHWATER FOUNDATION 2500 Shadywood Road, P. O. Bo. 90 Navarre, Minnesota 55392 (612) 4714W7 D, Ioseph ncan ac I'm chairman of the Noerenberg Memorial Count Park Advisor Committee. N Dvrxln MaC MdIJn 9 Y Y Da•.d T McLauil This committee is newly formed for the express purpose of advising the Charles M Moot Hennepin County Park Reserve District regarding the further development Ea,I,g MOPenn Geo,se T Penn« ► of the Noerenberg property on Lake Minnetonka under the terms of the M,s w,lham G Ph,thps will of Lora N . Hoppe. D, Dean K R,te, Rotten Srall,dR The committee is determined to follow the explicit intent of Mrs. Hoppe Mrt Edmond R Truomb P � PP Thomas L Wainer under tier will. We therefore would appreciate your legal opinion as M,% "a,de I Wheaton to the wording of the will, and - even more important - her intent when making the gift under the will. As I see it, the "North" property is clearly for the purpose of a game refuge and should be "developed" as such. She foresaw the charging of admission and using the revenues for "conducting" the game refuge. Question 1: What constitutes "conducting?" The "South" property poses lots of questions. It's clear the property should be a public park for garden purposes, utilitzing the concept of an arboretum, which is "a place for scientific and educational growing." It's not clear to what extent certain uses can be applied, nor just how the monies can be used. Question 2: Can only "earnings" of the funds be used? Does this imply no principal can be used? Question 3: Are there any restrictions, implied or otherwise, on how or where the funds can be invested? Question 4: Can the earnings be used only for "maintenance," or can some sort of improvements be done, other than maintenance? What are the limits of "improvements?" Question 5: Can a boat dock be installed on the shoreline to be used by visitors coming by boat, but not launching boats? Mr. Russell M. Bennett November 7, 1984 Page Two Question 6: Can the "garden" be a special one, even to the extreme of having only one species of planting? Can it be only a "winter" garden, or only an "iris" garden, for instance?" Question 7: Can funds other than Mrs. Hoppe's be used to expand or improve the property? Could "millions" be publicly raised and spent on the property? it bothers me that the character of the property could be circumvented by the use of outside money. Your written opinions, addressed to the committee, would be appreciated. It may be I have not listed all pertinent questions that should be raised. Please feel j i ee to add any other opinions that would be helpful to the committee to clarify any areas of interpretation regarding the language and/or intent of the will. Thanks. Regs_ a dst \l ,n, Richard G. Gray, Sr. nh NOV - 91984 haskea i1JJ ,gja GRAY, PLANT, MOOTY, N100TY R BEVNE17 A eAtr1MCes... .MC%UD.r6 Dr1DIC11.o..f .110C.A1.0.% r •. rl••O\•• e•I•C[ ••••rl• •a a •... .\. r,. roo•., .ee.. • •lrr r.,.. r •...\•r o o• r•e r•/. • c..rr•ror•. • ,• tva:rt • e••• ,o .•r reo•• •ro t. c •t.olr r t..•r . reo.. •.c r.•c . roost. ,. •.•u •a r •trrl •• .. ••[• • .na • •rew•Ow 1•ret .•gel• ••_t• t r.•^ . Ia•rr r. .•\a••r \ a•pr . •c ..l\ . •�a\�.•r ,or rt• c r•••• a •o •t.wc l\•r••[•- . ro••o+ ••••o . •o.r•r •orr o r.•r•+t ucrc/ra ••u•••rc e•.•e • .t..• c . "I"",'a'o•..e . a•..t •, , I._ • c•..C. +e.r t ••o_c• e•.•e . •aryl•• r[a.. rt••a[ te_•r t c•••[r•t• •rocs• o.•a•rG r e.a• • •••r,o+ •rocs• • ,•Orr _ •w•t. .[• • .L•:+ r O[• • a•t• ♦Orr . rat �D.f p.r•la • •w �\r•+ LAW OFFICCS •.or•• • •a n[.r. ••ro.• e•• cc 3400 CITY CENTER e...c . .oe•• t0�.•D , ae_..., THIRTY-THREE SOL"nl SIXTH STREET e[o.aa . •or\[ roa.re ...rt •• MINNEAPOLIS. MINNESOTA 55402 ::o:;::': ;�.. ;::.;; .::gip•[ TCLEPIIONE 61:•343-2800 e. corr•c\ TELECOKER 612.333-0066 ,or. .•,r. D•a•r a, r0 'o•f •• rt.\. rc C•t •• • ••tr TWX 910.570.2770 rl arcs r•.t _.•,w...•r of .a. rt t •, ..t• 1650 UNITED BANK 70WLR ••c .raw • [sot — 3300 NORTH CENTRAL A\•ENL•E r.cr.l. c •.or c •»a• PHOENKARIZONA 8501: :,.•a n• • •..1. .�,,»_••, r..1 ••.• iELCPNONC 60: 2>•7•e9111 •o•t•• [rr a re rl•r ... ...,.,. Y., • .•. r.••wr• e �•.•. • •t•ar.r . aa•• •Owa Y?Y•• yr.w•• •• r-•••••.. REPLY TO MINNEAPOLIS OFFICES DIRECT DIAL ( 612) 34 3-284 8 November 8, 1984 Noerenberg Memorial Park Advisory Committee Fresh Water Biological Institute Box 90 Navarre, Minnesota 55392 Attention: Dick Gray TO WHOM IT MAY CONCERN: Our law office represented Mrs. Hoppe during her life time and Henry Haverstock of this office had occasion to draw her Will which established the Noerenberg Memorial Park. It is my opinion that the Will speaks for itself and that the language contained therein is very specific as to what Mrs. Hoppe wanted and what she did not want. On several occasions she and Mr. Haverstock invited me into their joint presence to understand the general outline of her estate plan. I recall that she was very adament that she did not want any overnight camping, picnicers, boat launchingE or anything that would cause a large amount of traffic, either by water or by road. She did not want docks or bouy anchorage or any kind of activity that would put a strain on her concept of a quiet, contemplative nature -oriented "quiet place". She was interested in trees, shrubs and flowers. She was not interested in loud noises, rock concerts, picnicers who left debree and maintenance problems, or people whose primary interest was using the lake or using boat -type facilities. She wanted it to be a place for people who appreciated birds and flowers and quiet areas. While this idea may seem unique in this day and age, nevertheless, that is what she wanted and she was very firm about it. Page Two November 8, 1984 She left the residue of her estate to the Hennepin County Park Reserve District as an endowment to finance the maintenance of her grounds and to remove the existing structure. Whim the said "earnings", she meant exactly that, i.e., that the earnings, meaning the interest and income off of the endowment, could be used to maintain the area. This would include, in my view, main- tenance of existing structures other than the house such as the gazebo. But it would not include invading principal for permanent improvements. If there is excess income, it could certainly be used for creating paths, quiet areas, new planting, etc., and preventive -type maintenance on existing shrubbery, flowers and trees. From what little I know of it, it sounds like yc,-r Advisory Committee Task Force is a well -diversified community group of good citizens. Its input should be very helpful to the Park Reserve District in fulfilling Mrs. Hoppe's wishes. Very truly yours, Russell M. Bennett RMB/mp GRAY, PLANT, MOOTY, MOOTY & BENNETT NOV 13 1984 A ►Awtl/tt•Ow10 INCLVOIMO PROFESSIONAL ASSOCIATIONS «••e\o a c•r• uo•....a1 rcr.. r .•.[..•ec•I.o.....•n .rra•rou. o...cl L••ra... •..• .ur•, rtle••, roe•. • .ar.t••.I . I.•r•v+ s •w•• r.c..al .. C.r..r.... rw•r.. ►a•r., J•. tuatra I a•t.. Jewr . roo•• •ro•f. c aao{. •u.aal « •t.rtn urt.. u.ea ct.r•e. A ac.0011690 /• 0. J. t.J.er•wo ..I.w.{.r +J ..ar••c ...... ..cc .oaf. r .rro•_. u nv.. t .over «.cr•a. •..uavr•r JL14 I ..t. eu.•.. o Io•.auro [a.c•.t•w . re.wr .,cr•a ..e.r•r Je.r o ....•rl a,,cca .•ua..ra e•r.a . .{\a. c. ntra. .n.er a....o _ u..a.. +• JO.r . c.oVfr w...e •..a rrn. I•r{a• r .a...a [e... a c•.Icr•a. •.o... e.w...o urott• • o.Arror •.o.A. + ..... •r.el J•.a. • r0.a «0[a I. ­!amJOwr r Y.Cr Ot. OAr.aa • ..utr•r Mr. Richard G. Gray, Chairman Noerenberg Memorial Advisory Committee 2500 Shadywood Road P.O. Box 90 Navarre, Minnesota Dear Dick: LAW OFFICES 3400 CITY CENTER THIRTY-THREE SOUTH SIXTH STREET MINNEAPOLIS. MDWESOTA 55402 TELEPHONE 612.343-2800 TELECOPIER 812.333-0066 TMX 910.576-2778 1650 UNITED BAND TOWER 3300 NORTH CENTRAL AVENUE PHOENK ARIZONA 85012 TELEPHONE 802 • 2"•8081 REPLY TO MINNEAPOLIS OFFICES DIRECT DIAL (612) 34 3-2848 Sr. County Park 55392 November 9, 1984 •.O r.. • rnr/\r• •..aOrA Ica are r roo•• tor•.o • \:on...+.. . w.t w•.e • .•C •f r• •J{•.•a• . 0.00.8 ... •co•.a ..or.a + .Dore • .rt.. w.a0• .O.•aa• 0•r.0 c .V•ra••• nw. o •ta•r It•a. r .•o.c .. •ro•l..� •.. a.. J..0 • ..at OF COW%StL +err \ .•ur .o.t.• \ .t wre o•u. + •uro .ou•• ..•air . ra a 11111-9 .•••w.. r.r el vu ..a a ...raa• a...e r co•rt .•{•roar • a.•a _ ..c r.t\ c Iso. taaar . r. vt .Ow •y..,..lr Y•.W uu.• J rl.r eNI •.•.u• . •at\rAr I r.at.• .Ora •N OM•. Afr•M « f4A••••. I wanted to write an additional letter to my last letter of November 8 to try to answer the questions you have raised in your letter of November 7. First of all, now that I see your stationery, I would feel even more strongly that you have an excellent committee. I had that feeling before, but I didn't realize there were so many outstanding people on it. Secondly, you are correct that the North property is clearly for the purpose of a game refuge and should be developed as such. Mrs. Hoppe had no objection to using revenues for "conduc- ting a game refuge", but I am not exactly sure what is included in conducting a game refuge area. I would think it would be reason- able to provide feeding stations for wild fowl and other wild game. I would think that if it is indicated by conservationists, it would be appropriate to fence the area to protect the wild game nests from certain kind of predators. I would think that it would not include extensive construction of buildings for artifi- cial breeding of game or wild fowl. While this is done in certain Mr. Richard G. Gray, Sr. Page Two November 9, 1984 parts of the country, I have the impression that this portion of her Will referred to "approximate natural state". To me an approximate natural state does not mean that you turn it into a high -producing game farm. Question 2 - You are correct that only earnings of the funds can be used. In my mind, this means that no principal can be used. Question 3 - No, there are no restrictions on where the funds can be invested. That is in the discretion of the Hennepin County Park Reserve District. Therefore, they could, for example, invest in high -yield items to make as much income as possible. They could also invest in low income yield items, although I would not see much purpose in doing that since you can't spend principal. In any event, that is a decision that would be up to them. The instrument intentionally does not put limitations on how that is accomplished. Question 4 - Can the earnings be used only for "mainten- ance", or can some sort of improvements be done other than mainten- ance? In my mind, the earnings only can be used for maintenance and no principal may be used for maintenance. However, I think that if there is what might be termed excess earnings, meaning more funds available than are currently being used for the project, there would be nothing wrong under the Will in making modest improve- ments that carry out her intent. As I said in my last letter, I think the addition of walking paths or modest improvements that would improve the quiet enjoyment of the place would be in order. That would include signs, for example, or labeling of different plants or bushes so the public could be educated thereby. Question 5 - Can a boat dock be installed on the shoreline to be used by visitors coming by boat, but not launching boats? In my mind, the answer to this one is clearly "no". The reason being this was discussed with Mrs. Hoppe, and she felt, as did we, that it would be impossible to enforce it in the sense that you wouldn't know which people were coming to use it for the intended purpose and which people were coming just to have a place to land and have a picnic, or a beer party, or whatever. Mrs. Hoppe was very anxious that the general character of the area not be changed, and she was particularly sensitive to the views of Mr. A Mrs. Leonard Carpenter, her neighbors, who also had conservation ideas similar to Mrs. Hoppe. I remember pointing out to her specifically that unless she wanted to have the Park Reserve District pay for a full time watchman, or other enforcement procedures, it would be very difficult to have a dock or bouy area that would accommodate true nature lovers coming to the park, as distinquished from people who wanted to come there for an all-night party, or worse. Mr. Richard G. Gray, Sr. Page Three November 9, 1984 Question 6 - The Will certainly contemplated any type of garden that the Park Reserve District might want to put in. It could be a winter garden or a summer garden or some combina- tion of both or several gardens. I feel the Will is quite open on this subject. Question 7 - The Will did not contemplate that additional gifts would be solicited or accepted for the property. While tuition could be charged on the North part, she did not contemplate any dollars being publicly raised. The reason being that she felt that with acceptance of such dollars, would come a change in the general character of the neighborhood. She did not wan: to do anything that would cause undue traffic, either by water or by land. She didn't even want the parking lot to be a problem for the neighbors. It would be my opinion that the use of outside money would be a mistake. The program would have to comply with the terms of her Will, but I don't think it would make it a better place. I hope the above is helpful to you and your committee. very best personal regards, Russell M. Bennett RMB/mp 300 Metro Square Bldg., St. Paul, NIN 55101 General Office Ielephone (612) 291.6359 NCIL MFE TING A,r-- s ri JAN 8 +9E�5 _;AN o � s� REVIEV "L-raLTEt R 3cNS)t1I^�I STRAi�Xy — "Y 0F 0yLJNQ I I JF ORDNJ 3 �'�-• 3Jx 66 D A Metropolitan Council Bulletin for Commu -�Y STAL BAY M4 55 32 i F For more Information on items in this public_.._, __.. _._ __......_... __. _. _ -546-4. Dec. 28, 1984 RECENT COUNCIL ACTIONS (Dec. 17-28) Transit —The Council decided to drop consid^ration, at this time, of proposals to ouild a "fast -link" transit connection along the University Av. corridor, linking downtown St. Paul ants Minneapolis. The Council said any reconsideration of the fast -link concept should depend on: 1) how well the concept fits with the results of a study of light rail transit and other alternatives for University Av., and 2) an evaluation of the need for the fast -link and its effect on the two downtowns. Aircraft Noise —In response to concerns from Burnsville, the Council asked its Aviation Policy Plan Task Force to study the impact of the "Burnsville turn," an aircraft departure path begun two years ago. The new departure takes planes over southern Bloomington and parts of Burnsville instead of mainly over Bloomington and Richfield. The Metropolitan Airports Commission has said the current flight path Achieves a better distribution of aircraft noise. The task force will begin discussions on Jan. 25 and is expected to make recommenda- tions in mid -March. Landfill Expansion —The Council said the final environ- mental impact statement for a proposed 5,644 acre-feet expansion of Flying Cloud landfill in Eden Prairie is adequate. Eden Prairie concerns over potential health hazards, damage to the environment and lower propery values from the expan- sion will be addressed when a permit for the proposed expansion is considered by the Council. Human Services —The Council accepted reports from its Criminal Justice Advisory Committee and i+.s Telecommunica- tions Task Force and made the following changes in its 1985 work program for human services- - Discontirn work in criminal justim and public safety. — Continue telecommunications work already started, namely an infrastructure study of telecommunications facilities and services in the region. After the work is completed, the Council will make a decision about how to proceed with future telecommunications work. — Study trends and iuues affecting the region, looking especially at children, youth, older people, woi fen, minorities, people with disabilities and people with low incomes. Sewers —The Council amended Part 1 of its Metropolitan Development Guide chapter on water resources management. The changes: 1) phased out the Savage sewage treatment plant; 2) recommended the Metropolitan Waste Control Commission Include the Middle Belt Line sewer interceptor project in the commission's development program (the project is designed to dliminate sewage overflows from Beaver, Phalen, Como and McCarron's Lakes to the Mississippi River); and 3) incorpor. ate into the guide several system improvement studies already approved in the commission's 1985 capital improvement budget. Budget —The Council revised its 1984 and 1985 work pro- gram and budget, including additions and reductions resulting in a net spending increase of S279288. The major addition is S326AM for new computer equipment. The main reduction is $129,000 in consultant �xwdiz• for a consumer health expendi- ture survey and an aviation policy plan revision. The Council is 3Iso carrying over $222,500 in consultant work from 1984 to 1985. Housing —The Council said a housing revenue bond plan subirrit W, by DakotaCvunty HRA on behalf of Inver Grove He- ,hts is consistent wit`r Council ho"ng guidelines. The city is cor-p,:ting with :ther cities statewide for mortgage revenue bond .ig totalling S27.5 million. No city is to receive more th; ,, $10 million. If selected, the city would be able to make 138 below -market rate home loans. Aging —The Council chose Carver County as the next county for which the Council will develop a plan for how sprvices for older people shouN be organized, providcd and funded. Plans have already been developed for Anoka, Dakota, Hennepin, Ramsey and Scott Counties. Loan Program —The Council extended its planning assist- ance loan program to local governments for another three-year period, from Jan. 1, 1985, to Dec. 31, 1987. It also broadened the guidelines of the $300,000 program to include implemen- tation of comprehensive plans and community development. Parks —The Council amended its acquisition grant with Ramsey County to acquire a land parcel in Bald Eagle -Otter Lake Regional Park at a cost of $140,000. The grant now totals approximately S3 million. Tourism —The Council decided to provide phone answering and magazine distribution services in 1985 to Metroland, Inc., one of seven regional organizations that promote tourism in Minnesota. The Council will be reimbursed for the services. The Council also decided to help the Metroland board develop a long{ange reorganization and marketing program. Assistance to the board will be limited to six months, ending July 1, 1985, when the Council will evaluate the assistance. Comparable Worth —The Council accepted a joint labor- management committee report on comparable worth and pay equity issues as its guide for a state -required study of the issues as they apply to Council employees. The report is scheduled to go to the state next fall. NEW APPOINTMENTS 1-he Council made two appointments to its Arts Advisory Board. They are: Carolyn Bye, Shorewood, for the arts administrator position; and Nancy E. Anderson, St. Louis Park, as a citizen member. PUBLIC HEARINGS, PUBLIC MEETINGS Air Quality —The Council will huld a public hearing on pro- posed strategies to reduce carbon monoxide to acceptable levels at the intersection of Snelling and University Avs. in St. Paul. The hearing will be held Jan. 3, 7 p.m., at the Hemline Branca Library, 1558 W. Minnehaha Av. in St. Paul. For s free copy of the proposed Amendment tc the Air Quality Control Plan, all the Communications Department at 291-6464. If you have any questions, all Ann Braden, trans- portation planner, at 291.6525. Parks —The Metropolitan Council will hold a public hearing on changes in its capital improvement program (CIP) for regional recreation parks and open spaces. It will be held Jan. 7, 1985, before the Council's Metropolitan Systems Committee at 4 p.m. in the Council Chambers. For a free copy of the CIP document, no. 11414.163, all the Communications Depart- ment at 2916464. If you have any questions, all Jade Mauritz, parks planner, at 291-6602. Parks —The Council will hold a public meeting on applicants for membership on the Metropolitan Parks and Open Space Commission. The meeting will be held at 7 p.m., Jan, 7, in the Council Chambers. For more information, call Sandi Lindstrom at 291.6390. Waste Control —The Council will hold a public meeting on applicants for membership on the Metropolitan Waste Control Commission. The meeting will be held at 7 p.m., Jan. 8, in the Council Chambers. For more information, call Sandi Lindstrom at 291-6390. Solid Wnsto—The Council will hold a public meeting on a revised Environmental Impact Statement "scoping," or pre- liminary, document for the Ramsey -Washington County waste to -energy project. The counties plan to build a 900-ton-per- day waste processing plant in Newport. The meeting will be held Jan. 10 at 3 p.m. in the Council Chambers. For a free copy of a description of the revised project, call the Communi- cations Department at 291.6464. If you have questions, call Wayne Nelson, Council planner, at 291-6406. Citizen Participation —The Council will hold two public meetings on a plan to expand citizen participation in Council activities. The plan seeks to strengthen Council relationships with local governments, minorities, women, people with dis• abilities and people with low incomes. The first meeting will be at 1:30 p.m., Jan. 24, in the Council offices. The second will be at 7:30 p.m., Jan. 29, at Burnsville Senior High School, 600 E. Hwy. 13, Burnsville. For a free copy of the citizen participation plan, no. 07-84.171, call the Communications Department at 291-6464. If you have questions, call Lucy Thompson at 291.6521. Solid Waste —The Council will hold a public hearing an a proposed new Solid Waste Management Development Guide/ Policy Plan on Jan. 28 beginning at 1 :30 pm. and resuming at 7 pm. in the Council Chambers. The plan calls for a dramatic reduction in use of landfills and an increase in recycling tech- niques. It would require ending the dumping of unprocessed solid waste in landfills after 1990, allowing disposal of only residuals from processed waste after that date. It also calls for mandatory source separation of recyclables after 1987. You can read the document at the Minneapolis and St. Paul downtown public libraries, or at some branches of the regional County libraries. For a free copy of the document, no. 12.84-160, call the Communications Department at 291.6464. To speak at the hearing, call Lucy Thompson at 291.6521. If you have any questions, or wish to submit written comments, contact P: Smith, environmental planner, at 291.6408. PUBLIC MEETING SET ON LIGHT RAIL TRANSIT The Regional Transit Board (RTB) and the Metropolitan Council will hold a public meeting on alternatives for transit improvements in three corridors in the Twin Cities Area, Wednesday, Jan. 23, at 7 p.m. in the Council Chambers. Information based on recent studies of light rail transit and other options will be presented by RTB and Council staff. The public will be asked to comment on what transit improve- ments are needed and whether LRT or expanded bus service is test suited to meet the needs. The corridors under consideration are from downtown Minneapolis: 1) southwest to Minnetonka: 2) east to downtown St. Paul, and 3) south along Hiawatha Av. to Bloomington. STATE OF REGION EVENT SET FOR JANUARY Preuing regional issues will be the focus of the Metropolitan Council's annual State of the Region event Jan. 30 at the Hilton Inn, 1330 Industrial Blvd., Minneapolis. The event, for Public officials and interested citizens from throughout the region, will feature a dinner address on the state of the region by Council Chair Sandra Gardebri 9. A "Rt gional Citizen of the Year" will also be named. Four concurrent panel discussions on major issues will begin at 4 p.m. Each will include a moderator, a presenter and two reacting panelists. The topics are: — Marketing Solid Waste Abatement: How Do We Get Two Million People Involved? — Keeping Sewage Out of the Mississippi: It's Everybody's Problem. - Transportation: How Can We Serve the Suburbs? — Legislating Basic Health Benefits: Cost vs. Consumer Protection. Registration begins at 3:30 p.m. and the dinner at 6:30 p.m. The event including dinner costs S13. Advance registration is required by Jan. 23. For more information, call the Communi- cations Department at 291.6464, CO -COMPOSTING MEETING SET "Co -composting: Its Role in the Metropolitan Area's Solid Waste Management Strategy," is the topic of a meeting the Metropolitan Council will hold from 4 to 6 p.m., Thursday, Jan. 17, in the Council Chambers. (Co -composting refers to composting sewage sludge with municipal solid waste.) The session will begin with comments from Council Chair Sandra Gardebring and Council Member Dottie Rietow, who both recently visited co -composting sites in Sweden and Denmark. Council staff will summarize the role planned for co -composting in the new draft of the Council's Solid Waste Management Plan/Policy, Guide, Elliot Epstein of E. and A. Consultants will discuss how to take the region from demonstration projects to operating programs. If you plan to attend, call Katy Boone, solid waste program, at 291-6421, by Jan. 11. COMING MEETINGS (Jan. 7-18) (Me rigs are nintiuve. To verity, cad 291-6464.1 R +proruil Transit Board, Monday, Jan. 7, 4 30 p.m., Conference Roo,, E. Air Quality Committee, Tuesday, Jan. 8, 10 a.m., Conference Room B. University ArJSouthwert Corridor Study Storing Committee, Tuesday, Jan 8, noon, Conference Room F. Metropolitan Waste Management Advisory Commutes, Tuesday, Jan. 8, 2 P.m.. Council Chambers. Aggraate Resources Advisory Comminee, Tuesday, Jan S. 3 30 P.m., Confvencs Room E. Housing and Redevelopment Authority Advisory Committee. Wrdnesdsy. Jan. 9, 11 Am.-1 p m., Lower Levi Room 25 Metro and Regional Sutabinet (chaired by Sandra Gardebrmgi, Wednesday, Jan 9. 2 30 P m„ Council offices Metropolitan Health Planning Board, Wer.nesday, Jan 9 4 p m , Council Chambers Regional Transit Board/Metropolitan Systems Committee, Wed- nesday, Jan, 9. 5 p m , Ccuncif Chambers. Cha,r's Advisory Committee, Wednesday Jan 9, 7 30 n m., Council Chambers. Metropolitan and Community Development Committee, Thursday, Jan 10, 1 .30 p.m.,Council Chamber. liest►oPolitenCouncil, Thursoay. Jan 10, 4 P.m., Council Chambers, Aviation Policy Plan Task force, Friday. Jon, 11, 9 a.m., Confer- ence Rooms A and 8. Matropolitan Parks and Open Space Comnsiumn, Monday, Jon. 14, 4 Prs., Council Chambers, Ills Falls City Council 'on Metropolitan Council legislative Pro- posalsl, Tuesday, Jan 15, 9 a m Ran 319. Minneapolis City Hall. Aggregate Resources Advisory Committee, Tuesday. Jon 15, 3 30 P m., Council Chambers Arts Advisory Committee, Tuesoa, .yan 15. 5.15 p.m.. Conference Room E. Transportat•on Advisory Boa, escav Jan. 16, 2 P.m., Coun(,) Chamtx,s Joint Regwnai Transit Board/IV SynsmsCommittee, Wednesday, Jon 16 5 P m , Coun, .tubers Metropolitan and Community Development Comm""@. Thursday, Jon 17, 1 30 P.m_ Council Chambers Management Committee, Thursday Jan, 17.3 P m , Counc I Chambers. Matropoiit in River Corridor Study Sisering Commntt". T`+ursdav Jon - 7, 3 P m., Confere-ce Room c Aviation Polity Plan Task Force, Friday, in '8. 9 a_m l„ounc,l Char,per s. I. II M E T R O P O L I T A N C O U N C I L Suite 300 Metro Square Building, Saint Paul, Minnesota 1.�101 METRO HRA ADV SORY COMMITTEE MEETING Wednesday, January 9, 1985 11:00 a.m. - 1:00 p.m. HRA Conference Room (Lower Level 25) A G E N D A Approval of Agenda Approval of Minutes of October and November 14, 1984 meetings. III. Report of the Long Term Care Task Force - Ana Stern IV. km118a Update on Metro Housing Fund - Roberta Everling COUNCIL MEF ' !NG JAN -W 198Cs CITY OF ORONO METROPOLITAN COUNCIL HOUSING AND REDEVELOPMENT AUTHORITY Suite 300 Metro Square Building, Saint Paul, Minnesota 55101 Minutes of HRA ADVISORY COMMITTEE MEETING November 14, 1984 Members Present: Philip Cohen, Chair; Sharon Garber, Marilyn Spensley, Josey Warren, Gertrude Ulrich Members Absent: Joan Archer, Edmund Bowler, Lyn Burton, Thomas Duffy, Wanda Schumacher Staff: Nancy Reeves, Phil KatzunE Jan Hogan, Laurie Garfield, Marlis Dreier, Kris Richardson, Ruth Koebnik, Ricardo Gonzalo, Guy Peterson, Kathleen Mulligan Also Present: Dolores Hastings - CMAL, Women"s Shelters Representatives and others Chair Cohen called the meeting to order at 11:00 a.m. The 2• was approved. because a quorum was not present, the minutes of :!r 24, 1984 will be approved at a later meeting. Procedures of Implementing the Preference for Persons Displaced Jan Hogan reviewed her memo oTNovember 1, 1984, and explained selection preference. Staff is proposing to increase the number of set -aside certificates from 11 to 20 per month. This would include two 3-bedroom certificates and 18 certificates of other size. Set -aside certificates for shelters would be separate from those for other displaced persons. Hogar•, said it is expected that this change in administrative procedures will hel; to alleviate the current imbalance in the number of certificates shelters receive each month. Representatives from women's ^helters addressee the committee and spoke in favor of the proposed change. The proposal does not require committee action (it is an administrative change); however, the committee supported the revision. Chair Cohen thanked the shelter advocates for attending the meeting. Proposed Revision to the Housing Guide hapter Guy Peterson wrapped up the discussion of the proposed revisions to the housing guide witn thr Hcusing Legislative Recommendations. (The Metropolitan Council is NO'T proposing a bill; thin is a concept of what the Council should support.) The revision proposals included housing taxation, preservation of existing housing, special housing needs, revision of the local housing revenue bond law, landlord/tenant relations and consumer protection, and local government initiatives. Considerable discussion .followed. Chair Cohen Suggested that it should be noted when taxation regulations shifted in an effort to hold d-in tax on single family units. 1. In response to the special needs of group homes, Ulrich said that group home parking is a real problem. There was agreement that action needs to be taken on the revision of the Local Housing Revenue Bond; a chief concern being the communities not following appropriate procedures. Reeves distributed the revised Policy Guide (replacing all previous guide handouts). She said 700 had been sent throughout the community. Report on Tenant Survey Chair Cohen asked that the report be placed on the next HRA Advisory Committee me-ting agenda. Due to a lack of meeting time an abbreviated version of the report ,,ias given. David Wilson said the report is 4/5 complete. The report is a description of statistics based on a survey of participants in the rent assistance program. Teresa Lang explained the report, mentioning staff would like to carry it further and do some sampling of particular communities. Chair Cohen discussed the poor attendance record of some Committee memberak and said the matter must be addressed and resolved at some point in time. The meeting adjourned at 1:00 p.m. km 1 10a METROPOLITAN COUNCIL HOUSING AND REDEVELOPMENT AUTHORITY 300 Metro Square Building, Saint Paul, MN 55101 M E M O R A N D U M December 3, 1984 TO: Metro HRA Advisory Committee, Staff FROM: Mary Fromm SUBJECT: Monitoring of Section 8 Waiting List, Certificate Holders and Contract Holders HIGHLIGHTS FROM DECEMBER 1. REPORT 75 additional contracts are not included in the computer run. Total number of contracts is 3020, which is 96% of HUD Goal Allocation of 3162. Number of Applications on Waiting List TOTAL 1 BRE 2 BRE 1 B RF 2 B RF 3 BR 4 BR 5 BR Waiting List Characteristics % Minority Female Head of House x Very Low Income % Community Resident Number of Certificate Holders Certificate Holder Characteristics % Minority % Female Head of House % Very Low income % Community Residents Number of Contracts Contract Household Characteristics % Minority % Female Head of House % Very Low Income % Elderly % Family % Commmunity Residents Current Month Last Month December 1, 1983 2807 2806 1540 361 362 54 16 15 0 5 6 1 2045 1891 794 315 468 618 65 64 71 0 0 2 20 21 24 80 79 76 84 82 72 56 56 58 478 511 436 18 18 20 80 81 81 79 78 82 64 64 60 2945 2951 2957 9 9 8 91 91 90 92 93 90 23 23 23 77 77 77 48 49 51 HMHRAIIML063A NN0436 METROPOLITAN COLhCII NAA RUN CATE 11/29/84 1PPLICANI ChPRACTERISIIC� REFORI ILL CCPPLETEC ELIGIBLE APPLICANTS AS Cf 11/2S/84 CIAT TCTAL #ACANT DISPLACED YERT-LC► INCOME LCW INCOPE SIZE WAITING UN115 NUMEER I NUMdEF I NUPOIN I 1 BR E 361 i4 C 0 26! 74 9! 2! i 8R E 16 0 G 0 9 56 7 44 3 80 f 315 65 1 iS 241 76 65 22 4 8R ► 63 1 C 0 61 94 4 6 S as F C 3N 0 0 C 0 C O 1 84 f S 16N C 0 4 b0 1 20 2 81 f 2045 !32N 3 73 /760 86 283 14 TOTALS 28c7 2e1N 4 0 1346 84 461 16 PAGE 1 NN0456 METROPOLITAN COLNCIL NRA RUN DATE 11/29/!4 ►AGE 2 APPLICANT CHARACTERISTICS REPORT RACE MIAORIIY NON MINORITY a•TOT►L•t AGE GROUP FAMILY ELCERLY ••TOTAL•• SEX CF HEAD CF HCLSE r.ALE FEFALE —TOTAL— RESIDENCE COPPUNIIY CENTER CITT OTPER ••TOTAL•• APPLICANT CHARACTERISTICS NUMEER PtRCEN1 574 20 22!3 80 2BC7 100 AUMEER PERCENT t4!U Bl 377 13 2BC7 100 KUMEER PERCENT 574 20 22': tl0 2BC7 100 hUMtER PERCENT 1 5! 2 56 1015 36 226 6 2BC7 100 r.N0458 FERICD EADING: 11/241!4 PETPCPCLITAN CCul%,IL ►RA MCNINLY CURRiNT CERTIFICATE FCLCEIIS PEPCAT 1C1ALS CER71FICAIE PERCENT OF TOTAL CER1 SIIES HOLDERS UO TTFICA1tS ISSUED 1 DR E 43 tiI % 2 BR E 3 1CC ; eF F 12 ft ; 4 PR F 9 97 ; S a F S 1 6R F 0 137 2 BR F 406 11E ; TOTALS 478 1Ct ; &6N DATE: 11/29/E4 PAGE iS MUD GCALS 69d 44 452 37 4 43 1a!4 !162 MNGAS• PERIOD EAOINC: PETACFCLITAN CCUNC1L fRA MONTHLY CUFFCNT CER11FICATE hOLOERS REPORT ICTALS i10E NUPeER PERCENT A04 PINCRITY 393 t2 P[NCO ITV 25 16 **TOTAL** 478 1CC PEE CROUA NurrER PERCENT ELDERLY 47 10 FAMILY 431 90 ••TOTAL•• 470 1CG IACOPE LEVCL NUPULA PERCENT LOW INCCPE 1C2 i1 ViRY LOU INCCrE 376 7V ••TCTAL•• 478 100 SEX Ci HEAD Cf NCLSE NLP$ER PERCENT VALE 94 20 FEPALE 314 EO ••TOTAL*• 471 1Cu RESIDENCE NUPeER PERCthI CJMPLNIIY RES1DEAT 3C4 CENTER CITY 137 2V CTNER 37 8 ••TOTAL•• 4.78 1CG FUN DATE: 11/29/E& P06E 2d ING459 FERICC t W!st : 1112Y1 — FETFCFCLITAN CCUNCIL 64A F0411-LY CLPPt:4T CERTIFICATE ►CIDERS kiPCwI l(TALS FFFFEFENCE S1ATU5 WEEP PERCENT CISFLACED v 1C0 --TOTAL-- 9 1GG GL'N CATE: 11124/E4 PAGE i? iCTAL DRCPOUIS NLPEEP PEPCLhI NA44+'�OAA- PAAU..Ir AFTEP CERT—EEFGFE CCAT $is 19 12OI22- 32 AMP SELECTED-EEFORI RCYO 1i76 40 4 3 yS 41 EEFCAE CERT StLICTE0 1134 42 1 895 ;LI --ICTAL-• 32c3 ic0 9 CFCP EY CERT 512E NUPSER PERCENT 1 tiF E TO 9 8145- 2 eA E 9 0 39 I 3 OF F 218 12 i31 �3 4 bP F 4t 2 4 3 dR F 3 0 sz I t eF F t 0 2, I 2 9R F 14i8 76 p6 4 113 `01 --TOTAL-- it69 100 I A-1If r� i C40PCLT EY RESIDEACE NL►EEF PEFCEAI COPIO.17Y 1732 54 Liaa '5 CENTER CITY 1196 37 3 aar} tit CTNER 275 9 4 4 Z 5 --TOTAL-- 3iO3 iC0 y tsR— ���{ + IINC�S4 PEAICD ENDIhC ll/iS/b4 PETA(FCLITAN CCUNCIL ►NA PChTMLY CChTAACT PCN17vAIA6 ACPONI TJ1AL CENT (CNTAACT hUPSER CVIR %LD OCAL AVE FAU SilES TCTAL FPA L1P1T ALLCCAIICA PAIPENI 1 60 E 631 30 69E 19C 2 EN E Al 2 Ai 1r1 _ 3 EN F 375 47 452 i49 4 E11 F 27 S 37 359 S EN F 2 1 A :?C 1 EA F S9 3 4: iAS h" i4. 2 EA F 1. a laic 7! 18E4 ;50 ' TOTALS 2945 176 3162 i45 FLN DATE 11/29/f4 PACE 17 NNO�S4 rEA1CO EyDIAC 11/iS/bi PETRCPOLITAN :CUACIL ORA rCATMLY CCATRACT PCAITORINC REPORT IOTAL IkCCFE LEVEL liUKEER PERCENT LOU INCCPE 2-'C 8 VERY LCk IACOPE 2715 42 ••TOTAL•• 2945 100 SEX OF HEAD C/ NCLSE WEER PERCENT KALE 2tE 9 FEPALE 2o77 i1 ••TGTAL•• 2945 100 COOP EY CERT SIZE AUrEEA PERCENT 1 ER E 615 15 2 EP L i4 1 3 FP i 5'.5 13 tA i 57 1 5 ER i 2 0 1 ER 1 '.0 1 2 kR f 2943 69 ••TOTAL•• 424.1 1C0 CaOPOUT EY AESIDEACL ►.LNEER PERCENT COPMCNIIY 31,11 /6 CEATEA Cl:i 8:: 20 JThiR 1S7 5 ••TOTAL•• 4241 100 RUN DATE 11/29/EA PAGE to PN0459 PESIOD ENDING 111251?L PETPCFCLITAN (CUNCIL FRA P(NTFLY CCNTRACT MONITCRikG REPORT CONIPACTS RiFORTED EY CCPPUNITY TCIALS 4LN CATE 11129/E4 PAGE 41 (CNMLNITI 101AL ELDLY FAPLY IE iE 3F 4F 5F 1F iF ccKP ANDOVER I C I C C 3 0 1 C o 2 Cx CX 1G01 Cz CX 3C1 ul 1GA 15 cC2 201 ANOKA 1Ct 36 70 34 i 12 3 C 3 5. ec 41 34% t6l 32x 21 ill 31 01 i% 16ti1 752 BATPCAT 4 3 1 .0 c 0 C L 1 3 Cz 751 251 751 OX cl ul OX 0x 25% 75x BELLE PLAINE C 0 C C C C 0 C C 0 C cl Cl Cl 01 C1 Cl ul 0% u1 Cl 01 6LAlAE 4e 46 2 C 7 3 c 0 30 18 i1 41 901 4X CX 1!1 61 Ox Ox 7!1 381 BAOOKLYA (ENTER 25C dL 17C 7t 4 24 1 C i 143 142 11 321 tel 3Qz 2% 10 Ol t;l I 57% 572 BROOKLYN FARK 356 54 i57 57 i 35 3 1 @ 250 171 12% 171 E32 16% 11 1C1 11 01 ix 7C1 462 CARVER C C c C C C 0 C c c C cl Cz G1 Oz C16 C1 01 Oz Cox cl 01 CRAM►LIN 4e 14 !4 1i i 10 0 c 1 23 25 21 26% 711 is% 41 21% Ol 01 ix 4Ex 523 CNANMASSEN e 3 5 i 1 1 0 C C 4 t cl 3iz 631 a5x 13z 131 ul Ox Jz 5Cx 751 CNASKA 4 1 3 c 1 0 0 C L 3 3 cl 25X 751 0% is% Cl 01 ul Ux 7!1 751 CCLNPEIA hfI6N1S 114 23 51 2C 3t 1 c 1 51 50 4% 2C1 C(Ul I'x !% "1 11 01 Ix 4!1 44% (CON RAPIDS 9! 21 72 17 4 1B 0 c C 54 52 3x d!x 7T1 Is% 41 151 Ol 0% 0% six set C9TTA6E 6FOVE 15 1 17 C 1 S i c C 10 10 It tx 941 Ox ex 2E) Ill 01 Ox 5tz $61 CRYSTAL 59 1s 44 13 2 9 2 C 1 32 24 i1 2!z 752 i2l 3X 15) 31 01 21 541 411 OAYTCh O 0 C C ( 0 0 C C G C C1 Cl Ll OX CX C• 01 Ol 0% (1 01 OEEPNAVEN C 0 0 c C C 0 C C C 0 Cx Cl C1 02 Cx Cz Ol 01 01 Cl 01 Cy1R ;1`1-EQ MNATY LEASE coop 0 e 0 2 0 [x ecl C1 201 01 3 23 1 91 146 '1 221 11 163 31 0 1 0 3 3 61 2!1 C1 7sl 02. c C 0 C d Cz C1 Cz 03 Ox 3 27 3 2e 39 t1 sit tl set I !1 57 26 19s 313 2cx 131 1Cx 761 71 51 94 77 241 40 2tl itl 221 del 113 0 C 0 0 0 Cx Cx C1 01 02 1 22 z 34 31 iz 4tl 41 711 12 0 i 0 B d C1 2!1 C1 1002 01 0 1 0 3 20 Cx is: C1 752 Ol 14 4C 2 e1 127 211 !!1 21 711 33 2 39 1 64 137 21 421 It 691 31 s 1 0 7 9 2ex 172 Cl 39l 63 10 25 6 44 76 171 4i1 1C3 7sl 21 C C 0 C C Gl (1 C1 01 O3 o c 0 0 1 C1 C1 Cl 01 01 EIN0459 PERIOD ENDIAG 11/29/84 PETRCFOLI/4kN CCUNCIL NRA RUN DATE 11129/e4 PA61 4I PCNTtLY CCNTFACT PON1TCRIA6 FEPCNT CCNIRACIS W ORIED EY CCPMLAITY TCIALS CCMNUAITY TOTAL ELDLY FAMLY 1E 2E 3f 4i Sf if ii COMP ChTR OTNER MNAIY LEASE ORO► EOEM PRAIRIE 1 0 1 c c c 0 C c 1 1 0 C 0 1 1 Cl Cl loci ox 01 Cx ox 01 ox loci 1001 cx cl cl 1COl O1 191MA 1 0 1 c C 0 0 c c 1 0 0 1 0 1 2 cx cl lcol 01 cx cx u1 ox ox loci of cl Iccl c1 1002 01 EXCELSIOR 32 9 2! 9 C t 0 c 1 It 1t 1 1S 1 24 45 11 2ex 721 tax ox 151 ox ox 31 SEX Sul 3% 47% 31 753 /1 ►ALCCh Pil4MTS IC 9 11 9 C 2 1 C C a 13 4 3 3 19 134 11 451 551 451 cl 1C1 51 01 it 4cl t51 2C1 152 151 951 41 PORNIT LAKE C 0 C C c 0 0 0 0 0 0 0 C 0 0 C Cl cl Ol 01 C1 cl 01 Ox Gx Cx 01 cx cx Cx at Ox ►RIDLEY 141 20 12E 1S 1 II 1 c 2 1c7 e2 22 04 9 9• 2C1 5% 14% tel 13% 11 1iI 11 G1 11 721 422 1Sl 4!x • tx 66% !x EEM LAKE 1 0 1 c C 1 0 a 0 0 0 0 1 0 1 1 Ct cx 1001 01 Cx loci ox ox 0% C1 Ox cx Iccl Cl 1001 O1 6CLPEM VALLEY 7 1 6 1 c 1 0 a 1 4 2 2 3 0 7 20 Cx 141 E61 141 Cl 141 u1 01 141 571 291 29% 4!x cl Ica O1 61110W000 C 0 0 0 c 0 0 0 0 0 0 0 C 0 0 0 Cx Cx Ol 01 G1 cl as 01 01 Cl at ox Cx Cx at at NAMVIS c 0 0 C c 0 0 c 0 0 C 0 C 0 0 C Cx Cx 01 01 Cx cl ox cl 01 c1 Ol ox Ex cl as 01 NAZI LAKE 1 0 1 C c 0 0 C 0 1 0 0 1 0 0 C Cx Cx 1002 ox cl cl Ol ox 01 ICCx 01 cl Itcx cl at as NILLTCP i t 3 3 ! c c 0 c G 3 2 1 ! 0 6 9 cl SEX 5cl 50% 01 Cl as Ox Ox 5cl 331 I#A 5C1 Cl 1001 O1 MOPKIKI 44 19 25 1S c 2 0 c 1 22 33 4 7 1 36 $2 1x 01 571 431 ox 51 as Ox 2% SCx 7S2 91 Its 21 46% 21 IMDE►EMDIM C 0 c C c C 0 c C C 0 0 C 0 0 C Cl Cl Ol 01 01 Cx Ol 01 01 Cl Ol cl Cl cl at 01 JOROAA c 0 c C c 0 0 C 0 0 0 0 C 0 0 /0 61 cx 61 01 ox Cl at 01 01 Ex 01 Cx Cx O1 at ex LEXIAETOM C 0 t c c 4 0 0 c 2 1 1 4 0 3 1 cl Cl loci 01 01 673 Ol Ox L1 V 1 171 171 tit at 1*2 0x LINO LAKES S 0 S C c 2 0 c 0 3 1 1 ! 0 2 0 Ox cl 1001 01 C1 4Cl Ol 31 at 6E1 202 2cx tcl cx 402 OAT rM0459 PERICD ENDIAG 11/29/3L (CMMUNITT LITTLE CANADA LONG LAKE LOAEIIO rANTC►EDI PA/LE 6AOVE ►A►LE PLAIN PA►LE6000 PAVIA PENNEIONAA PINNETAIETA rO11N0 MOUNDS VIEIY MEW E016N10N Now EEANAAT NEW WE NAW POAfUE NEW/CAT TOTAL ELDLY FAFLY 49 1 48 22 it 981 C U C C1 Cz C1 1 0 1 Cz cx Too: s Cx ix ICE% 3 2 3 Ex 4cz tot 1 0 1 01 Cx lcol 136 13 123 52 lot 901 C 0 C C1 (1 01 1 0 2 cz Cx lcol C 0 0 Cl C1 cz 21 7 14 11 332 671 Ss C 55 1x Cz 1001 30 4 _i4 1% 111 891 C 0 C Cl (x 01 251 44 2C7 9z lei E21 C 0 e cx Cx 01 22 1 21 12 51 951 METNCPOLITAA CCUNCIL 1,RA PCNTMLY CONTRACT MONIICAIAG FEPORT CONTRACTS NEFONIED EY COrMUAITY TCIALS 1E iE 3F 4F SF IF I c a o 0 c 21 Cx Its of Ox NUN DATE 11/29le4 PAGE A3 ox c c C 0 C C 01 Cx Cz 03 cz C C c 0 o C C ox Cl Cl 01 C1 C c C 0 0 0 Ol C1 cl 01 Ol C 2 ( 1 0 C 0 40% Cz 2(1 01 Cl G C 1 0 C 0 Ox Cx loci 01 01 13 c 13 J 0 5 101 Cx ICl 01 of 4 C c 0 O C C oz 01 C1 01 01 0 C c 1 O C 0 Ox of sCz 01 Ox G C C C 0 C 0 02 cl cz 01 01 C 7 ( 5 0 C C 331 cl 241 61 ox 0 C ( 6 0 C 1 01 cl Ill 01 01 2 4 C 11 0 C C Ill 01 291 03 Ol 0 C c 0 0 C 0 01 01 C1 01 0% 0 41 3 31 2 0 1 161 11 1i) 11 of 2 C c c C 0 0 ox cl C1 01 Ol 0 C 1 4 1 0 0 01 sit lei 51 Ox 0 NUN DATE 11/29le4 PAGE A3 iF COMA 4U 6 0 Oz ICC1 01 5 2 i loci 402 2 2 Uz 4Cx 401 0 1 01 Cx ICO1 105 32 x 771 241 0 0 1 cl Ol I I 1 SCx Sol C; 0 1 C1 Ol 9 15 I 431 711 4b 13 x 871 241 23 20 x 611 531 0 0 x Cx 01 169 lie x 01 471 0 0 z Cz 01 16 10 x 73x 452 CN1N OThEA rNATY LEAt1 OAO► 11 12 1s 31 90 63x 242 311 613 21 C C 0 0 3 Cx Cl C1 01 Ol 0 1 0 1 C Cx 1CC1 C1 1001 01 0 0 1 C C1 tcl Cx 201 01 1 2 0 3 3 2cl 4Cx C1 601 01 C C 0 1 1 Cl Cs 01 1001 Ox 76 28 19 a9 227 $61 ill 141 651 51 C C G 0 C cz c1 O1 01 01 I C 0 1 6 Sol Cx Cl sot as C C C 0 0 ox C1 Cl 01 01 0 t 1 16 30 01 19x 51 761 11 10 32 2 31 as IE1 sex 41 56! 21 9 9 3 33 101 241 241 11 a71 21 0 C 0 0 0 Ol Cx c1 01 Ox 41 92 16 1s7 169 Its 371 Ill 752 61 0 C 0 0 1 Cx C1 C1 01 01 5 7 1 12 1 131 323 52 551 O1 CN1N OThEA rNATY LEAt1 OAO► 11 12 1s 31 90 63x 242 311 613 21 C C 0 0 3 Cx Cl C1 01 Ol 0 1 0 1 C Cx 1CC1 C1 1001 01 0 0 1 C C1 tcl Cx 201 01 1 2 0 3 3 2cl 4Cx C1 601 01 C C 0 1 1 Cl Cs 01 1001 Ox 76 28 19 a9 227 $61 ill 141 651 51 C C G 0 C cz c1 O1 01 01 I C 0 1 6 Sol Cx Cl sot as C C C 0 0 ox C1 Cl 01 01 0 t 1 16 30 01 19x 51 761 11 10 32 2 31 as IE1 sex 41 56! 21 9 9 3 33 101 241 241 11 a71 21 0 C 0 0 0 Ol Cx c1 01 Ox 41 92 16 1s7 169 Its 371 Ill 752 61 0 C 0 0 1 Cx C1 C1 01 01 5 7 1 12 1 131 323 52 551 O1 0140459 PE0100 ENDIA4 11/0/84 CCMNliNITV 11CATA $7. PALL MORYCCO OARIALI CAONC OfffC ►Fit OP LAKE MANS! Y A/CNFtELO �C��iMi�ALf lIa�11i f 110ifrtllE fl. An1ti06Y ii. �OMtFACilif $1. PALL FAIN •AVA41 SIA9404f tFro�frtfr TOTAL ELDLY FAPLI 104 23 61 41 lit 7e1 0 0 0 Cx cl C1 56 15 41 21 271 732 1 0 1 Cx Cl ICCI 3C 9 21 11 3cx 7C1 C C C Cx Cx 01 1 u 1 cx cz 1001 254 e6 let 9% 341 661 72 43 29 21 6cl 401 C C c cl Ox 01 126 42 e4 4% 33% 671 i4 7 17 It is% 711 3 0 3 (1 cz 1001 2C 1 19 11 51 951 C o c cx Ex CI c 0 c cl C1 cl '. 1 2 c1 3'_1 671 PETPCFCLITAN (CUACt. FOA FCNI►Lt CCNTFACT MONITCPING PIPOPT CONTPACIS PEFOPTEO IT CCPNUAITY TCIALS It it 3F 4F SF 1F 1e S 17 0 0 5 171 Sx 10 01 01 5 c c 0 0 C 0 ox cz cl 01 01 c 15 c 12 1 0 1 27% cx 212 22 as 2 C c a 0 c c Cx cz CI 01 01 0 9 c 2 1 C C 30% ox 71 31 ox 0 C C C 0 c 0 ox ox (1 01 Ox 0 c c 0 0 c C ox ax cl 01 01 0 e3 ! 19 2 C 7 !3x Ix 71 11 01 3 43 c 7 0 C 1 box Cz Ics 01 01 1 c c C 0 0 0 01 01 (1 01 G1 0 4C 2 5 0 0 6 321 is 41 01 01 5 6 I 1 0 0 I 251 4x 4s 01 01 4 C c 1 0 c 0 01 cx 333 ox ox 1 c 3 0 0 C 51 Cx 152 01 01 0 C C a 0 0 0 ox cx c1 01 ox 0 c c 0 0 c c ox Cx cz 01 01 U 1 C 1 0 C c +32 cl 3'x 01 GI 0 FLN DATE 1'/29/e4 ►AEE 44 cF COP/ CNIA CTFEP FNPTY LEASE OAO► 5S 47 33 24 2 73 198 1 571 451 321 232 22 701 $1 0 0 0 C 0 0 0 1 cl 01 Cl cx cz 01 ox 27 24 16 16 3 42 127 1 412 431 291 2911 52 751 3x 1 1 0 c 1 1 C X 1LC1 1002 cl cz toot 1001 01 Is 14 1 15 0 20 59 x 6cs 471 • 32 Scx Cx 671 13 c 0 C C 0 0 9 4 (X 01 C1 cx cl ox 01 1 0 0 1 0 0 0 1 loci 01 C1 1CCx ox 01 01 14L 121 to S? 27 200 316 1 5!1 462 311 i1% 111 791 71 21 45 13 14 6 60 52 x 1S1 613 11% /911 Is 032 12 C C 0 0 0 0 9 z cz 01 cx c1 CS 03 O1 73 52 48 26 11 1C 4 1 Sts 411 3e1 211 91 1z 11 it, e 6 1( 4 19 54 x 6!1 311 251 42% 171 791 I; z 0 0 3 0 0 z 671 01 Cl IC(1 CS 01 01 16 15 0 5 1 /9 19 x e:1 752 CS 251 51 951 I1 0 0 0 c 0 C 5 1 C1 01 ox cz 01 o1 0; c 0 a c 0 0 56 1 cl 02 cx cz C1 01 1; 1 1 2 c 0 z 11 1 3!1 331 67x c1 01 671 01 01110459 PEAICG ENDIAG 11/is/04 CONNYNITI TOTAL ELDLT FPPLV IE sMoA!►occ I I c I cz 10C1 01 ICo1 SPROG LAKE PARK 33 2 '.1 1 Il is 943 31 sPMM ►AMK 6 4 2 4 Cz 671 331 e7% 91ILLbATIA 71 22 46 ii is 311 491 311 TCNK$ !AT 1 0 1 C cz cl, 1c01 01 VADNIIS NE107S 25 ) 1 24 1 1% 41 4cl 41 YICTCAIA 0 1 c cz (l 1COl 01 bAC061A 1 4 1 C Cz (l 1c01 Cl �ATlMTOYN C 0 0 C Cz cl cl 01 YATIAIA 3 3 0 3 Cl IGC1 cl Icoi WNIT! 9EA4 LAKE 109 21 e! 19 4% is% e11 17z "M AEON 76P. c co C c Cz (x 01 ox 1160991,21 24 0 24 c 1s cl 1001 Oz TOONG ANEMIC$ C G c c C; Cl G1 Oz ISTAL! 2945 672 2273 631 100% 231 773 21% PETACFOLITAN (CUNCIL ►RA PCNI►LT CGNIAACT P.ONITCAIAG FE:ORT (CN16ACIS AEFOAIED kl CC►FSLAITV TCIALS RUN DATE 11/29/e4 PAGE 45 it 3F 41 5F 1F 2F CCPP INTO OT►EA PNOTT LEASO DMOP c c C ( c c 1 C C 0 1 3 Cl cl 02 L1 01 (z ICO2 cz cl Cs 1003 cs 1 4 0 L c 27 15 3 17 G 24 66 31 111 al cx cl tit 392 $1 52l el 732 21 ( 1 0 C c 1 3 1 2 1 S 11 C1 171 01 01 01, 17% Sol 17z 331 171 !3s Os C e 2 C 1 3e Se t 11 0 5! 127 c1 111 31 Cz 1% 541 791 is I!z ez 124 33 c 0 0 c G 1 1 G c 0 1 6 cz cl 01 Cl Cz 1Ccz 1COl C1 cl C1 1001 0s ( 3 0 c 1 20 4 9 1i 3 1s 33 11 10 01 0% 41 t(1 its 3e1 4ez 121 721 is c 0 0 C c 1 0 G 1 0 1 6 01 cl Ol Ot Ol 10C1 01 cz 1ccx cl 1003 01 c 0 0 C c I 1 0 c 0 0 4 cz cl 0l CA cz Ic(l 1COl Cl (z Cl 01 O1 c G 0 c C 0 0 C c 0 0 0 Cz c1 01 01 01 cz 02 61 c) cz 01 01 ( C 0 c c 2 2 c I 0 ) c Cz c1 01 01 GI c1 671 C1 !!I C1 1002 01 i 7 1 C 4 70 10 14 15 4 i/ 1)i 21 tl 11 cz 4% Us 642 1!% 231 41 741 31 c 0 0 ( c c 0 C C 0 c Cl cl ux Ox 0% (l 01 Cl cl c1 Ol as c 5 0 c C 19 2 12 1( 3 10 17 cz 213 01 of 0% 791 62 scl 421 131 01 ( 0 0 C 0 G 0 0 0 0 a Ol (1 of 01 Ox cl Ol Cl cz cz ♦1 375 27 2 59 t61u 1411 642 ads 267 2146 4241 I1 I!l 13 01 21 611 481 27l 3cl 91 731 less Memo #85-04 COUNCIL MEETING parr -/�G i9�� TO: City Council FROM: Tom Kuehn, Finance Director CITY OF ORONO DATE: January 9, 1985 SUBJECT: Response to Council Inquiries Regarding :h� Budget/Expenditure Comparison �-port as of September 3V, 1984 The year ,o date comparison of budget to actual expenditures for the nine months ended September 30, 1984 was presented to Council at the meeting held December 10, 1984. At that time it was requested that; the report be rt!viewed for possible mistakes in the Council and Fire expenditures. The Council expenditures are over budget due to amounts remitted to Howard Dahlgren Associates, Inc. in the Other Consulting Services (object code 4306). These costs amounted to $14,296 while the budgeted amount was $1,000. this firm was retained to gather data relative to the Maple Plain sewage treatment plant and the Orono, Long Lake interceptor. The costs were charged to the Council budoet at the direction of Cit, Administrator Dick Benson. The Fire expenditures are over budget for one of the four cities serving Orono. The other three contract amounts will be under budget for the year. The Long Lake service area is over budget $8,249.00 for 1984 and the contract has been paid in ful i. The Long Lake service area was changed in 1983. The assessed value of the service area changed from $29,000,000 (approx) to $49,000,0010 (approx). The additional coverage area cost increase was implemented in three stages - a lump sum of $6,000 in addition to the original contract area in 1983, a lump sum of $7,500 in addition to the original contract a, --a for 1984, and beginning in 1985 the amended contract area w1 s l be used and we will be paying the costs based on that. The additional coverage area adds c'Nout $15,000 to Orono's cost effective in 1985. The cost figures for all four fire service areas are obtained each ar during the budget process by Chief _ Police, us coor '-r for contract fire department services. INTEROFFICE. MEMO 85-08 DATE: January 9, 1985 TO: Mayor Butler - Orono Council FROM: Melvin Kilbo, Police Chief SUBJECT: First Negotiation Meeting - Police De-;* 9 L.E.L.S. on 1-8-85, Mr. Cyrus Smythe, our representative ana myself met with L.E.L.S. business agent Phil Finkelstein and Officer Pearson. The union requests for 1985 are as foll-- Wages-an increase of 7.5%, effective 1-1-85 Medical -benefits to be increased by $40 per montn Dental -a 50% participated dental plan (� employer and 11 employee) Holiday -one more paid holiday (total o ) tlnifarr-+-i ity to provide cleaning and mai., tenance for a1 uniforms The City's offer and position was stated as follows for 1985: Wades-5% - This is pre•,ailing settlement rate in the metro area. Medical -City offers $141.49, an increase to offi-,-s of $7.15 per month. Dental -City will authorize single coveiarr manly ($11) if amount is taken out of $141.49 med.c . payment, Also, all employees must particip,a4- in group plan. Holiday -denied, officers already hav( paid holidays. Uniforms -denied A brief discussion was held and both sides agreed tr meet in. .,it one month. It is rN belief this can bt settled quickly.