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Home My WebLink About01-28-1985 Council PacketMINUTES OF THE REGULAR COUNCIL MEETING HELD JANUARY 28, 1985 PAGE: 1 7:06 PM ATTENDANCE The Orono Council met on the above date with the following members present: Mayor Butler, Council - members Lynn Adams, Tim Adams, Frahm and Grabek. Public Works Coordinator Gerhardson, Zoning Adminis- trator Mabusth, Assistant Zoning Administrator Gaf.fron, City Atturney Ralio and City Clerk Hal lin. City Recorder Sutton was not present. Also in Attendance were Planning Commission members: Goetten, Sime, Cal lahan and Kelley. CONSENT AGENDA* Councilmember T. Adams asked that item 3 be removed from the Consent Agenda*. Councilmember T. Adams moved, Councilmember Frahm seconded, to approve the Consent Agenda*, subject to removing item 3, with all staff reports concerning these items to be attached to an original copy of these minutes on file in the City Clerk's Office. Motion, Ayes (5), Nays (0). COMMISSION APPOINTMENTS AND INTERVIEWS Mayor Butler stated that there are two openings on the Planning Commission. Diann Goetten current member of the Planning Commission is requesting reappointment. The following people have indicated a desire to be appointed to the Planning Commission: Paul Taylor, Bill Wear, Jenny Pederson and Robert Kost. Philip Bradley and Mariann Kienzler have indicated a desire to serve on the Park Commission. Ma,;•or Butler moved, Councilmember Frahm seconded to reappoint Diann Goetten to a 3 year term on the Planning Commission. Motion, Ayes (3), Nays (2), L. Adams and Grabek nay. Mayor Butler asked each candidate to introduce themself to the Council and audience. Paul Taylor, stated he has lived in the Far v iew Addition for 7 years. The family has been active in Orono School activities. He is currently a member of the Orono Park Commission. Believes it is important for public minded citizens tc .m ke their time and talants when the opportunity presents itself. Wi 1 1 iam Wear, stated that he is a 50 year resident of Orono. A business man from the north end of Orono. I am for the development for the north end of Orono. I feel that that I could do a good job on the Planning Commission for the City. MINUTES OF THE. REGULAR COUNCIL MEETING HELD JANUARY 28, 1985 PAGE Robert Kost stated I built a house a couple of years ago in Navarre. At that time I was exposed to the City's Zoning Ordinance and Comprehensive Land Use Plan. I am a landscape architect and have been before Planning Commissions and Councils. Would like to offer my services to the City in helping the City maintain its quality of life. Councilmember T. Adams asked Kost if he would be interested in a position on the Park Commission. Mr. Kost said he would be interested. Mayor Butler asked that the two persons interested in the Park Commission say a few words. Philip Bradley stated, I have worked with park activities since the late 60's. I am a member of the Scott Hennepin Park Reserve District which is a joint powers agreement between Hennepin and Scott Counties. I am an appointee of she Hennepin County Park Reserve District serving on the Board with Scott County. Mariann Kienzler stated, I have lived in the Orono area for about three years. I work for the University Minnesota in the Forestry Department where I do forestry research. I would also be wi 1 1 ing to volunteer for other commissions. Mayor Butler stated that the Planning Commission must be composed of two members that reside in the rural service area as described in the Comprehensive Community Plan, two members shall reside in the urban service area of the City, and three members shall be appointed to respresent the City at large. The one vacant seat should be from for rural service area. Councilmember T. Adams moved, Counci member L. Adams seconded to appoint Paul Taylor to the unexpired term of Lynn Adams whose term expires December 31, 1985. Motion, Ayes (4), Nays (1). Grabek nay. Councilmember Grabek moved, Councilmember L. Adams seconded to appoint Mariann Kienzler tc the Park Commission. Motion, Ayes (5), Nays (0). Councilmember Frahm moved, Councilmember T. Adams seconded to appoint Philip Bradley to the Park Commission. Motion, Ayes (5), Nays (0). Councilmember Frahm mw :ed, Mayor Butler seconded to direct staff to chan�i�, '.n., r-mb-rship of the Park MINUTES OF THE REGULAR COUNCIL MEETING HELD JANUARY 28, 1985 PAGE 3 Commission from seven (7) members to eight (8) members. Motion, Ayes (5), Nays (0). Councilmember Frahm moved, Mayor Butler seconded to appoint Robert Kost to the Park Commission. Motion, Ayes (5), Nays (0). APPROVAL OF MINUTES Councilmember T. Adams requested the wording on page 5 be changed to "after consultation with the City Attorney, Adams noted that he will vote for the resolution because it was consistent with the motion to approve passed by a majority of the Council at the previous meeting. Councilmember Frahm moved, Mayor Butler seconded to accept the minutes as corrected. Motion, Ayes (5), Nays (0) . PARK COMMISSION COMMENTS There wore ni) :.uimnents from the Park Commission. LAKE MINNETONKA CONSERVATION DISTRICT REPORT Jo?;l len Hurt r-iat)rted that the District had a public hearing on ultralights. The District would like to se(? some type of identiliration of these, such as numbering. liurc c-!ported that the deicing program is more r,>>stcictive this year. They must be totally fenced so that the shoreline is also fenced. It +nest be lighted at dusk until dawn and there must be identifying refle^tor lights or signs every 20 feet. 34 applications for deicing have been received and 19 have been approved as of this date, 6 have have had complaints filed with the Sheriffs Department for problems. An ordinance was passed by the LMCD to allow the Sheriff to fence channels where there is open water. So far this year 31 people have gone through the ice, 24 snowmobiles and 11 vehicles. The LMC-D has passed an ordinance ruling out boats over 79 feet in length on Lake Minnetonka. The LMCD has contraced to spend $ 1309 to have a program made up and printed of all the violations on the lake, where they occurred and the kind of violation. PLANNING COMMISSION COMMENTS PUBLIC COMMENTS 8:39 PM APPEARANCE BY MRS. BOSSING There were no comments from the Planning Commission. There were no comments from the public. Comment from woman in audience that there would be other people coming. Mayor Butler stated Council would return to this item at 8:30 PM. MINUTES OF THE REGULAR COUNCIL MEETING HELD JANUARY 28, 1985 PAGE 4 #783 I.D. CAPLES 4798 NORTH SHORE DRIVE VARIANCE RESOLUTION #1721* #881 WILLIAM KRUTZIG 1629 BOHN'S POINT ROAD VARIANCE Councilmember T. Adams moved, Councilmember Frahm seconded to approve Resolution #1271, A Resolution Granting A Variaoce. Motion, Ayes (5), gays (0). Applicant William Krutzig was present. Assistant Zoning Administrator Gaffron stated this property would require a variance or at least some additional review because of the proposed hardcover and Mr. Krutzig would like to present some alternatives to hardcover. We have a report from his engineer, Mr. Mark Gronberg, that discusses slat spacing of decks and underlying material. I have asked the City Engineer Glenn Cook to review this material. Cook stated the proposal to place a sand bed under the deck to absorb the runoff is a good idea if you look at it from a hydraulic point of view. From the City's point of view we have a policing problem, we have no way of knowing at some point in time of changes that could be made by future owners of the property. Frahm stated he would not be in favor of policing decks. t,. Adams stated we should leave the ordinances the way they are, discouraging decks beyond the allowed hardcover and not allowing decks within the 0-75 foot setback. When a special situation comes along where the applicant has presented a good plan for runoff absorption and where the applicant has a hardship on the lot we would allow some additional decking or some additional treated hardcover on a variance basis. Toning Administrator Mabusth suggested listing this in the resolution limiting the deck to the size or area you would allow for that decking since the resolution is filed in the chain of title. Assistant Zoning Administrator Gaffron stated the property would be allowed a minimal garage apron and a 10 or 12 foot driveway getting out to the access road. Krutzig is proposing a new product, it is a rock aggregate with an epoxy material that will hold them together. Gaffron . owed samples of this product to the Council. 1roduct has not been used without a solid bas* r winter climate and the recommend4 t i on is to U.S..- on a base of asphalt or concrete. In lieu of t to make it a none MINUTES OF THE REGULAR COUNCIL MEETING HELD JANUARY 28, 1985 PAGr 5 hardcover they suggested using 2 or 3 inches of this for a sidewalk or maybe a driveway, but there would be problems with a large surface. Grabek stated this is new construction and the applicant should live with the hardships. Councilmember L. Adams Moved, Mayor Butler seconded, to direct staff to prepare a resolution of approval for a hardcover variance for Krutzig Custom Homes to allow construction of a 900 square foot deck at 1629 Bohn's Point Road with a special under deck and deck perimeter construction as descri::)ed in Mark Gronberg's letter dated January 9 and 10, 1985, finding that: #1, one (1) foot of sand will allow water absortion at a greater rate than grass on standard clay soil, #2, 1/2 inch rim around the deck will eliminate spillover, # 3, the underside of the deck wi 11 be constructed within one foot or less of the ground preventing later addition of underdeck hardcover and #4, the sidewalk and driveway will be constructed within the standard hardcover calculation limits, #5 the hardships are the limited lot size with no additional land available, #6, the applicant has already severly limited the scope of his building size to accommodate the neighbors concerns. Motion, ayes (4), Nays (1). Grabek nay. APPEARANCE BY MRS. ROSSING 130 CYGNET PLACE Mrs. Rossing was in attendance. Zoning Administrator Mabusth reviewed for the --ouncil the activities that have taken place concerning this property over a several month period. Also presented were photographs of the property taken over this period of time. Mabusth stated it appears a business is being conducted from this residence. We believe it to be a tree trimming business although it is very difficult to prove. Mabusth reviewed with the Council several code violations on the property including Section 10.20 (C) Home Occupation, Section 5.40 Home Occupations License required, Section 9.55 Maintenance of Private Property, Section 9.21 and Section 9.22 public Nuisance and Permitting a Public Nuisance and Section 10.60, Subdivision 13 - Exterior Storage in "R" District. Mrs. Rossing stated she could not respond without reviewing the information the Council had before them. Mabusth stated that the information was nothing that she was not aware of, it was a review of information she had received before. Mrs. Rossing stated that last fall she had to put in a new onsite MINUTES OF THE REGULAR COUNCIL MEETING HELDJANUARY 28, 1985 PAGE 6 septic system which messed up the back yard the. fall rain prevented final grading before winter. This will be done as soon as weather permits. We decided we needed more storage space so we started to build a garage. Thai fjar.ige is still not finished as you are aware. The wood is to be cut up and used in our home. We have been splitting it and using it. I applied for a burning permit because we lost a bunch of tret!s in th-c yard, we burned one day, then I got a letter steting that I couldn't burn. I was told I should haul out some of this stuff, then I was told that I couldn't haul out snlne of !`— stuff. I will get the yarl cleaned up this spring. Councilmember Grabek asked if there was a business boing run Cron the residence. Mrs. Rossing stated no. One son who lives at this res ideace owns a damp tru,7k which is parked in the yard and other sons have pickup trucks that are parked in the yard. Councilmember L. Adims stated the neighbors should not have to look at those trees, logs .ind debris in that yard. I think the Council or staff should issue a directive that the place get cleaned up within a pee iod of three weeks. r.ug.,�ne r1ing, 240 Cygnet Place, stated the appreciation has gone down approxi-nately $10,000 per house on this street. Greg Ehalt, 105 Cygnet Place, noted that wood and trucks are a disgrace to the neighborhood. Cleo Bloemendaal, 145 Cygnet Mace, stated that the wood on the south si(IQ of the house was brought in and it w<is not from this property. Dean Molin, 248 Cygnet Place, stated the entire neighborhood had tree damage this year and everyone else had it cleaned up. Molin noted that he doesn't like the 3 dump trucks that are parked there. Jim Campion, 160 Cygnet Place, explained that it's not only the mess and the trucks are offensive, but also on Sunday mornings they cut wood and run motorcycles without mufflers that disturb the neighborhood. Clint Miller, 190 Cygnet Place, stated there are 4 houses for sale on this street and 3 of these have been on the market for over a year, and I think the Rossing's property has probably had an effect on our property values. MINUTES OF THE REGULAR COUNCIL MEETING HELDJANUARY 28, 1985 PAGh; 7 Russ Norum stated, I am a friend of Margarette and sometimes I represent her in matters. Since she moved in she has hats to put in a new septic system. She does recognize that she has too much wood there and she has promised to clean that up. The garage was put there b-�cause of her children living there need room for their motor bikes. She has been trying everything in the world to get the place cleaned up. She recognizes that it is not As fast as it should be. I think neighbors should have gone to Mrs. Rossing when this first started and talked with her, it should not have come to this ;:ounc i 1 rope t i n�3. She l:i tryl lJ - •;ho a; i 1. r)i.._ •1 :1 1 t Ili). .7i:n Stated that everything sits unfinishs?d, every time something gets yt)i+i:3 it: Ui:?ts finished which maks the property look worse. Russ Norum stated that the garage construction has been delayed because of mix ups and the cold weather set in and they were not able to complete it. Mrs. Rossing admits that her property needs cleaning up and she is going to clean it up. Kcal ly Fisher, 130 Cygnet Place, lives in Mrs. Rossing's We a I work a very tiring schedule. R i 3ht now with the frost and the wood frozen down it is going to be very very diffir_ult to clean it up in 3 weeks. We are all setting aside time, we were sp1 itting on the Saturday and Sunday that it was 70 below wind chills trying to get some of this cleaned up. rleo Rloemendaal asked if these people are in tha tree removal and tree trimming business? Kelly Fisher stated that there was a gentleman that lived there for a short amount of time, and he was in the tree service business, but he has since moved out. He hasn't lived there for 3 or 4 months. He has been contacted and he is coming to remove all the wood that he hauled in, and that will take care of probably over half of the wood. Counci lmember Grabek moved, Counci lmember L. Adams seconded that all the violations on this property be cleared up by Arpi 1 1, 1985, or upon that date if it is not removed that we instruct the City Attorney to take either criminal or civil or both actions against the property owner to have that area cleaned up. Motion, Ayes (5), Nays (a). T. Adams aske:l th,� .-ity Attorney if there was some MINUTES OF THE REGULAR COUNCIL MEETING; HELD JANUARY 28, 1985 PAGr 8 way the City -oA1 Lt1 (it) i rn inJ do the work and assess the property. The object here is to get this cleaned Lip and not just to penalize the property owner. City Attorney Ra(lio stated that would be in the civil suit and you would ask the court to allow you to go on the property either that or you'd ask the court to direct the individual to clean it up and if they didn't they'd be in civil contempt. Russ Norum state1, t believe that the County Attorney recognizes that th-e threat of criminal action is for not doin3 something, but that is not the proper way to do that. My understandin., is you can never threaten criminal action, you can remind the person that it is available and necessary buy the way the motion read instructing you to take criminal action if she doesn't carry out -that's not proper. City Attorney R•31io state,] this is 110t i threat that it is 3 sttto�n,�Iit of direction from the City Council. Mayor Rutler stated the City Attorney does nothing without the direction of the City Council. This serves its fair notice to both you and he of what's doing to be coming up in the future if other things are not done. L. Adams asked if some attention should be given to t;tr question o` 4hether or not a business is being operated there. Mayor Butler reminded Mrs. Rossing that if sit 5 running a business that she should talk to Jeo, Mabusth about getting the required business license. BUILDING AND ZONING DEPARTMENT ANNUAL REPORT 1984 Zoning Administrator Mabusth stated this is the firat time that tho revenues have exceeded the expenditures. FENCE ORDINANCE AMENDMENT Zoning Administrator Mabusth stated she felt the height limitations are more clear and the addition of existing grade has been ma:ie in the appropriate sections. Council discussed the definition of existing grade. Mayor Butler moved, Councilmember L. Adams seconded to approve Ordinance Number 9, Second Series, An Ordinance. Amending Performance Standards to the Non - Encroachment and Accessory Structure Sections of the Orono Municipal Code as amended to read originAl MINUTES OF THE REGULAR COUNCIL MEETINC. HELD JANUARY 28, 1985 PAGE 9 grade inst,.ud of existin,3 grade. Motion, Ayes (5), Nays (0). UPDATE REPORT ON ZONING VIOLATIONS ON 3393 CRYSTAL BAY ROAD* Counci lmember T. Adams moved, Counci lmember Frahm seconded to Zoning Administrator Mabusth's ru.!port. Motion, Ayes (5), Nays (0). INTERPRETATION OF SECTION 10.60 SUBDIVISION 13 - EXTERIOR STORAGE IN "R" DISTRICTS Zoning Administrator Mabusth reviewed the exterior storage section of the code and asked for conformation of the intent and correct interpretation of performance standards. Mabusth stated this was probably the intent of the ordinance. You are allowed to have mobile equipment if you keep it fully screened --that covers the boat th%c is over 20 feet in length. The boat that is 20 feet or less is a non-encro.1' ..-nt not requiring to be screened but you coalil set it 10 foet off the side lot line and 10 feet off the street. The Supreme Court has defined the lakeshore yard as the tront yard and the rear yard as the street yard. City Attorney Radio stated this interpretation is reasonable. The only problem could be if we only respond to neighbors complaints. That places too much power in the hands of tie neighbors. The discretion nust lie with the enforcer of that ordinance. The Zoning Administrator should take into account the complaints and comments of: th4! neighbors, but the final discretion nust rest with the Zoning 4dministrator. Mayor Butler stated the Council agrees with this interpretation of the ordinance. Art Byrne, 3315 Crystal Bay Road, stated to the C000c i1 that he would volunteer to negotiate between Mr. Johnson and Mr. Wheeler if it would please the Council and Mr. Wheeler. Mr. 3399 Crystal Bay Road, stated he was not only concerned about the boat but the parking and hardcover. Mayor Butler stated thatt the h-ird(-over problem was the Council's problem and Mr. Johnson is not here tonight to discuss this problem. WILLOW DRIVE OVERLAY City Engineer Cook presented to the Council a request to rebid for an overlay pc,-)jecl= on Wi 1 low Drive MINUTES OF THE REGULAR COUNCIL MEETING HEI-D JANUARY 28, 1985 PAGE 10 project this sprint3. MSA fundA will be used on this project. Count-, i Imember T. Adams moved, Mayor Butler seconded to seek bids for this project. Motion, Ayes (5), Ways (0). OLD CRYSTAL BAY ROAD OVERLkY C i t f r,,I3 i neer- Cook presented to the Council a request to combine an overlay project for Old Crystal Bay Ro�ld with Willow Drive. '4SN funds wi 11 be usl�-d on this project. He stated ►.urrcently there are $393,000 available in MSA funds and this combined project is estimated to cost $300,000. Councilmember T. Adams moved, Mayor Butler seconded to ord,ar plans end specs anJ combine this project with the Willow Drive project. Motion, Ayes (5), Nays (3). FINAL PAYMENT NAVARRE FORCE MAIN AND LIEN STATION* Councilmember T. Adams moved, Councilmember Frahm :;Nc:on•]:,:3 to ,nake final pay.nNnt in the amount of $8,831.59 to 13 & D Contracting for the Navarre For►:e Main and Lift station. Motion, Ayes (5), Nays (A). PAYMENT #2 1984 SEAL COAT PROJECT* Councilmember T. Adams mo va.3, Coun,, i i. ma nhe r, r r -i'i n sacon.9�1 to m.ck�a piynr►!. riiunher 2 in the an.�,Int of $la, 197.53 to Buffalo 8itumino.as, Inc. on the 1984 Seal Coat Project. Motion, Ayes (5), 'I its (A). PLANS ANO SPKCS CRYSTAL BAY AREA SEWER PROJECT City Engineer Cook stated he would like direction from the Council on how many services should be iostalled at 1950 Shoreline Drive, there is a duplex plus two separate rental housing units on this lot. The property is zoned for one single family house. Mayor a-atler Y•;sistant Zoning Administrator :,affron if we could do any negor_i sting t:) out extra dwelling units. Gaffron stated that would l)*a ,t possibility, the owner could be given the choice between payin3 for additional units versus one unit. Mayor Butler stated she prefered to see one sewer unit for that property. Cook also-iske:] if the Art centr r should be approached to see if they area in hi-rinj ti•:eve�r servi,.,? rocs if the City was interested in srrvin3 then. "r)ok atate:i that t'i- `+,r. unit :.ost MINUTES OF THE REGULAR C:)1)t4;:I1. JAN:7ARf 28, 031i '' > ; : 11 d ) )l l -]:op if wo-►].l':.l a :oap l.-f ':=?riLf�r.. it:tt: tI t:ll.tt, I.).)k1:lj it t'w SA^ charges could ba ase=I ..is •i tJ-iaijl3 to sewer un i 0q to the Art Center. Councilmembers expressed concern that: th.3 Center would expind if sewer is avail-.ible to thus. m-tyor Butler instructNel Engineer Cook to contact the property at 195�1 ' )rel ine'Drive and the Art Center to discuss the proposed sewer project. Cook stated he would like permission to prepare the ease.aents. Cook noted that the field work is done and the drawings are abaut 3,1% complete and he would be at this next Council ineeting with completed drawings. At Oat tine he will :.ask for approval of 0-2 plans and aut'torizition to advertise for bids. '4-q )r instructed ngineec Cook to prepare the ease nellts required for this project. John Ericson stated that the City should iticlude water 4ith the construction of the sewer thereby reducing the future construction of water installation. Mayor Butler stated that the Council is r_oncerne,] about the additional cost to the property owners wh%!a th..r:3 it ! tit-) ;clans to extent] ,nUnicipal 4.it-!r to this arRa. ?tIall in_3 ':nnnis,,ina •n-In?r•!r ;ins ► +] ), Council iE .ill. no of tit«-. e-e)-nrinity will ba notifiee] of ;:he public hearings. Mayor Butler stated some type of notification will be done. Council directed Engineer Cook to give an estimated r_:)si: to i.,istall water at the sane time the sewer is in-it-illeI, -it_ the next Council neetiny. SET 1985 BOARD OF REVIEW DATP. Mayor Butler stated that the 1985 Board of Review wi 1 1 be Thursday, May 30, 1985, at 7:09 P.M. Butler directed Public Works Coordinator Gerhardson to contart the Art Center of '4 i nnesota to use their ,iiiditoriun. RUIf.DING ANi) l()NIN',i REVENUES AN') EXPKH.)iTtIRN; - HIVE YEAR RRCAP• Counci lmermber T. Adams -nove-!A, Counci imen!!-'�-r Frahm +�Ne�on�]ed t-) Assistant Finance Director i..tttia's �,) )rt Rui lding and Zonine Revenues and Expenditures - Fi v - Year Recap. Motion, Ayes (5), Nays (f�). MINUTES ON THE REGULAR COUNCIL MEETING HELD .JANUARY 28, 1985 PAGE 12 WAYZATA FIRE AGREEMENT EXTENSION - 1985* Councilmember T. Adams moved, Councilmember Frahm seconded to ac t-ept Finance Director Kuehn's 'vlayzata Piro Agre-anent ErL,,niion - 1985 report. Motion, Ayes (5), Nays (0). AMEND RESOLUTION NO. 1714 ESTABLISHING SAGAR[FS FJK CITY EMPLOYEES* RKSJI.UTION #1723 Counci l membar T. Adams cno ✓ed, Councilmember Frahm seconded to acc:c-�l)t Resolution $1723 A Resolution Amending Resolution No. 1714 Establishing Salaries for City Employees for 1985. Establishing the rei,nbursement rate for use of employee's private cars for City business ac $.215 nilN. Motion, Ayes (5), Nays (0). MONTHLY LIQUOR STORK Jl)ERATING REPORT - DECEMBER 1984* Counci lineamber T. Adams moved, Counci lmember Frahm tan acrezllt Finance Director Kuehn's +ne-mo ,-c!y.tr 1;; ij '•lonthly i.iquor Store Op�_-rating Report - 7:, lyes (5), v.3ys (3) AMENDeD FINAL PAY - JOHN PIELOW* Councilmember T. Adams moved, Councilmember Fraaiim seconded t() accept Police Chief K i 1 bo's corrected m4r10�. 74otion, Ayes (5), Nays (3). W. R. SENSON - ST4TUS REPORT F'MPLOYEP CONTRACT City Attorney Ra!lio ~t,ited that the previously dicsussed employment (-ontract with Mr. Benson is in the process of being finalized and put into conformance with state statutes and regulations. Council requestoi this Information before the next Council meeting. RESOLUTION #1724 AMENDING PERSONNEL POLICY City Attorney Radio stated that this resolution it l:)ws`��r .j Ili 'regent c✓atagory of City employee known as contr•i^L employ,:�+3, that would be an employe who is appointed for a stated perio9 of time who sh•411 n:,t b., �l i_3ible for any benef its from the City ex,-ept those requi rod by law or provided for under contract of employment. It also amtads Section 5 AC to incorporate contract employees in that Section. Mayor Butler moved, Councilmember Frahm seconded to accept Resolution 11724 Amending Personnel Policy. Motir.n, Ay.�, (5), Nays (0). MINUTES ON vic COON:,11. MWt?T1Na HV.t.) JANUAiiY 23, 1985 PAGE 13 RESOLUTION IL725 AUTHORIZATION FOR DISBURSEMENT OF CITY FUNDS City Attorney Radio stato(l this was br-ing presented c)f Ft n%1r1:. ? 7 i f.-'(:tor Kuehn who signatur, be oil iminated and checks less than $5,311 b.�to be issued with one signature. Checks greater than $5,000 would have three signatures. Councilmember Grabek moved, Mayor Butler seconded to approve Resolution #1725, A Resolution Amending Resolution No. 1109 Authorizing the City Depositorie!_ to Accept Machine - Signed Signatures on "ity Checks, Drafts, and Other Orders. Motion, Ayes (5), Nays 0) • c.IC'tiNSBS* Counc:i Imemher T. Ada -us novel, k.oui,:i lmem'a?r Frahm seconded t;,)-)j),)r. )ve tile f011.owing 11c co -rises: 1e.orge W. Ronal.], Kennet License viscount Floaters, Alan Penke, iolicit•ition License Cigarette Licenses: Jimmie's Lounge Keavo.iy's iJ ivarre Drug i,ittlF? 7.�k r^uc�:] 4arket 'Minn-�tonk.i Fis.iinj Cpnt,r, Ins:. y..ivarre Amoco N.,var►n Lanes Orono Golf Course Or.r,it•, Vh,)p,)ing Center Paul's Landing S,pring Hill Center Tyr-i's. Valu 'iayz:)ta Country Club Motion, Ayes (5), Nays (0). RILLS* Councilmomber T. Adsms moved, Councilmember Frahn sec:on:leA, that the All r,inlis At.c;ojnts and Liquor S".0ce. Ac,.:aunts be paid. 'I )t ion, Ayes (5) , Nays (3) . LON3 L%KR SEWER NON) :'ROPF;RTY :-nine 1.3oinistrator 'labusth presented an inEormai sket-'h 01 in t-) 1., i.i rcay�ir.ti tO the 5.+d-er Fond 1)r.op,-r, 1:y. 'Council instructed Mabusth to contact the ,,ong rake r:ounci 1 anti ask them to present a plan that itt in compliance with the Orono Zoning Code. MINUTES OF THE REGULAR COUNCIL MEETING HELD JANUARY 28, 1985 PAGE 14 ADJOURNMENT 19:38 PM The Orono Council adjourned the regular -meeting at 10:38 p.m. and entered into executive session. ' A4rothy Hallin, ^ity Clerk Mar�j C. Aut h1a or AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JANUARY 28, 1985, 7:00 P.M. (*) Asterisk items are considPLed to be routine items to be enacted upon by one motion by the City Counci l under. the Consent Item* on the agenda. Discussion will be held upon request. ROLL CALL 1. CONSENT AGENDA* 2. Commission Appointments and Interviews APPROVAL OF MINUTES * 3. Regular Meeting of January 14, 1985 PARK COMMISSION COMMENTS LAKE MINNETONKA CONSERVATION DISTRICT REPORT - Jo Ellen Hurr Representative PLANNING COMMISSION COMMENTS PUBLIC COMMENTS ZONING ADMINISTRATOR'S REPORT 4. 8:30 P.M. Appearance before Council by Mrs. Margarette Rossing *5. #783 I. D. Caples, 4798 North Shore Dr " Variance - Amended Resolution 6. #881 William Krutzig, 1629 Bohn's Point b'. Variance - Report on Innovative Approach to Hardcover 7. Building and Zoning Department Annual Report - 1984 8. Fence Ordinance Amendment * 9. Update Report on Zoning Violation at 3393 Crystal Bay Road 19. Interpretation of Section 10.60 Subd. 13 - Exterior Storage in "R" Zone CITY ENGINEER'S REPORT 11. Willow Drive Overlay 12. Old Crystal Bay Road Overlay *13. Final Payment Navarre Force Main and Lift Station *14. Payment 12 - 1984 Seal Coat Project 15. Plans and Specs Crystal Bay Area Sewer Project MAYOR'S REPORT 16. Set 1985 Board of Review Date CABLE TV REPORT TRANSPORTATION REPORT CITY ADMINISTRATOR'S REPORT *17. Building and Zoning Revenues and Expenditures - Five Year Recap *18. 1985 Wayzata Fire Contract *19. Amend 1985 Mileage Reimbursement - Resolution *20. Monthly Liquor Store Operating Report - December 1984 *21. Amended Final Pay - John Pielow CITY ADMINISTRATOR'S LETTERS AND MEMOS AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JANUARY 28, 1985, 7:00 P.M. CITY ATTORNEY'S REPORT 22. W. R. Benson - Status Report - Employee Contract 23. Resolution - Amending Personnel Policy 24. Resolution - Authorization for Disbursement of City Funds LICENSES (25*) BILLS (26*) ADJOURNMENT COUNCIL MEETING JAN 2 81985 TO: Orono Council CITY OF ORONO FROM: John R. Gerhardson, Public Works Coordinator DATE: January 24, 1985 SUBJECT: u3rk and Planning Commission Appointments and Interviews At the January 3, 1985, Council meeting the City Council directed staff to present information to Council by January 14th regarding policy for appointing and reappointing commission members. The Council's reason for requesting this information was to determine the number of terms a commission member was allowed to serve. All information was presented to Council at the January 14th Council meeting, but due to the lateness of the meeting the matter was tabled until the January 28th meeting. The following person is scheduled for reappointment: J. Diann Goetten Planning Commission The following Orono residents have indicated an interest in serving on either the Park or Planning Commission. They will be in attendance at the .January 28, 1985, Council meeting. Paul Taylor 3075 Farview Lane phone - home 473-1189 work 340-3465 William "Bill" Wear 36 Hackberry Hill phone - 473-7047 Denny P-derson 2285 Webber Hills Road phone - home 476-0496 work 937-8000 Robert M. Kost 3585 Crystal Place phone - home 471-9375 work 831-4148 Planning Commission Planning Commission Planning Commission Planning Commission page 2 January 24, 1985 Park and Planning Commission Appointments and Interviews Philip Bradley Park Commission 4075 Oak Street phone - home 473-0987 work 332-0726 Mariann Kienzler Park Commission 1200 old "r.ystal Bay Road South phone - 476-0628 § 2.50 SEC. 2.50. BOARDS AND COMMISSIONS GENERALLY. All Board and Commission appointments authorized by ordinance or resolution shall be made by the Council at the first regular meeting in January of each year. The term cf each appointee shall be established and stated at the time of his appointment, and terms of present Board and Commission members may be re-established and changed so as to give effect to this Section. New appointees shall assume office immediately. Provided, however, that all appointees to Boards and Commissions shall hold office until their successor is appointed and qualified. All vacancies shall be filled in the same manner as for an expired term, but the appointment shall be only for the unexpired term. No appointed Board or Commission member shall be an employee of the City, but an ex officio member may be so employed. All appointed Board and Commission members shall serve without remuneration, but may be reimbursed for out-of-pocket expenses incurred in the performance of their duties when such expenses have been authorized by the Council before they were incurred. The officers shall be appointed by the Council annually. Any Board or Commission member may be removed by the Council for any reason and his position filled as any other vacancy. Each Board and Commission shall hold its regular meetings at a time established and approved by the Council. Boards and Commissions created by resolution shall terminate when the purpose for which they were created has been accomplished or upon the expiration of the terms stated in the resolution. Except as otherwise provided, this Section shall apply to all Boards and Commissions. SEC. 2.51. PLANNING COMMISSION. Subd, 1. Establishment and Composition. A Planning Commission composed of seven members, who shall serve staggered three-year terms, is hereby established. Two of the members shall reside in and be appointed to represent the Rural Service Area of the City, as defined in the Comprehensive Community Management Plan, two members shall reside in and be appointed to represent the Urban Service Area of the City, and three members shall be appointed to represent the City at -large. The Zoning Administrator and one Council member shall be members of the Commission ex officio and without vote. Subd. 2. Powers and Duties. The Planning Commission shall be the Planning Agency of the City and be an advisory body to the Council. The Commission shall have the power, under the direction of the Council, to carry on the duties set forth in Minnesota Statutes, and those duties provided by this Code and such other duties as prescribed by the Council from time to time. The Commission shall hold a regular meeting once each month and keep records of its proceedings. ORONO CC 17 (4--1-84) COMMISSION TERMS PLANNING COMMISSION TERMS NAME APPOINTED TERM EXPIRES Gloria McDonald 01/14/?5 12/31/86 (Urban) George Rovegno 07/28/80 12/31/86 (At Large) Charles Kelley 11/23/81 12/31/85 (Rural) Edward Callahan 10/26/81 12/31/87 (Urban) William Sime 12/13/82 12/31/85 (At Large) J. Diann Goetten 07/28/80 12/31/84 (At Large) Lynn Adams 01/05/83 12/31/85 (Urban) NAME Lee Erger Les Kelley Barbara Peterson Mary Stinson Virginia Sweatt Paul Taylor Peggy Watson (Moved) Donna Carlton Mary Vogel Sandy Welsh Mary Rivers Betty Phelan (Moved) PARK COMMISSION TERMS APPOINTED 01/10/77 01/10/77 02/01/78 01/01/81 01/11/82 01/05,183 HUMAN RIGHTS COMMISSION TERM EXPIRES 12/31/86 12/31/85 12/31/86 12/31/86 12/31/87 12/31/87 12/21/84 12/31/87 12/31/85 12/31/85 12/31/87 12/31/85 PAUL A% TAYLOit 1275 MaV-nV Wa ' Lo:%a LAM ��C,y2.•G.�J . �• ��i •✓1-�tiYL, �P•t.�t�•a r� ..-L.•s--? • : 4L .. • �y �� Lam" f �/'� it �+ � V�•1 Li .� -`� t, ::►► l%•''i— G ' v V iel. •-- j '.1 ".A All, Pli, �� Qc.�y2 u�-�. LU'tx�/ivr i,1•l1Lsc.t.._ �'2. �2.�.�,,�.,, _ uriv� �n_ /��"''��!'d.'P� -� eft.. �^ �-t, c7� • ^��'� r " Lam. t�.1..-�.•�� « Y'' _ ' •yi' � ' ''•'' � c�� : � ��.::..,1. 1 // �� lbo, 46-t ex�L-, _a4 ol I hr�l� �/�.%�" f� ✓� �.lJ�.--ti•1�`.. �.rL' l ��} �� .• L 4•�i _.S �4.l1-,Q`�1' i'z•dC�C.',.�{ a.1' [-��i v" 2�'-�J ,r� �! 0�.%i� tint,' p 's l /j 441 1Or 43� a F 'r 13 - .,,-/ ,-)( �� -0.- 1 A ` ! / jcis-t�� S Uillic- (Dill ) W--ar P.O. cox 7005 Long Lake, 121 55356 Tel: C12/473-7047 Novcuber 5, 1982 vil1.0 1,0 of Orono C=ot!o, tiinncco'�a To Whc= It May Concorri: tho vcc=cy on the Orono Pian-,jing Cc:=iCsica, x dtch to b3 ccns!.r:.-ed for r.r;joint- i� of all �oco!b2p. Thrnh you for Zoe?:' consideration. Eircr_ Tci;►, r.� i CITY OF Ofi0i�� Robert M. Kost 3585 Crystal Place Wayzata, Minnesota 55391 January 17, 1985 Dear Ms. Hallin: I am interested in a position on the City of Orono Planning Commission. I have lived in Orono for nearly two years. Prior to bu4lding my home in Orono, my wife Carolyn and I lived in Mound and then in Excellsior. nce receiving my bachelors degree from the University of .linois, I have worked as a landplanner and designer for several `,din Cities based architectural planning firms. I am proud to be a resident of Orono and would like to assist in formulating decisions and promoting actions which will help the community maintain a pleasant, effective environin-nt. Thank you for this opportunity. If yo- require any other information, please call me at 471-9375 or 831-4148. Respectively, Bob Kost Orono City Council Box 66 Crystal Bay, rV 55323 CITY OF OROPJQ I In response to your published invitation, I ar., applying for appoint-ment to the Orono Park Commission. I have a long-standing interest and concern with park and recreation activities. !As a member of the Savage City council in 1968-69; I oversaw the park depart- ment. I have been a member of the Scott -Hennepin Park Advisory Board since about 1974, and am presently an appointee of the Hennepin County Park Reserve District under the joint -powers agreement with Scott County. In approximately 1973-74, I served on the Metropolitan Park Advisory cornrittee, and I am presently the secretary of the Metropolitan Park Foundation. I have been a resident of Orono since November, 1982. Please advise if more information !s needed. Yours truly, Philip G. Bradley 4075 Oak Street Long Lake, MN 55356 Phone: home - 473-0987 office - 332-0726 JAN 2 3 ()F ORON City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1717 A RESOLUTION DESIGNATING APPOINTMENTS FOR THE YEAR 1985 BE IT RESOLVED by the City Counci 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 Rep. 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 Doty Glenn Cook Bonestroo, Rosene, Anderlik and Associates Mound Medical Clinic Pannell, Kerr, Forster (formerly Anfinson, Hendrickson & Co.) Ehlers & Associates Westonka Sailor and The Laker First National Banks of: The Lake (Navarre) 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 Bank of Minneapolis Norwest Bank Minneapolis T•rin City Federal Savings & Loan City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 1717 APPOINTMENT/DESIGNATION Official Depositories Continued :feed Inspector Assistant Weed Inspector Transnortation Committee Civil Defense Director .farina License Inspection Committee Hennepin Emergency Communication Organization Test Hennepin Human Services Planning Board Special Prosecutor Southwest Sanitary Sewer District Suburban Health Nursing Service MWCC - Area C - Sewer Service Advisory Board '1CWD - Painter's Creek & Katrine/ Advisory Committee - Alternate (2) able TV Committee (2 plus Alternate) (Alternate) miayor's Association Suburban Rate Authority - Alternate (2) Advisory Committee Noerenberg County Park (2) test Tonka Senior Citizens 1985 Offerman & Company, Inc. Bank of America, San Francisco, California Piper, Jaffray & Hopwood, Wayzata Dain Bosworth, Inc., 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 Minneapolis Farad 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. ATTEST: _C Mary C. �tler, Mayor COUNCIL MEET110t M. MINUTES OF THE REGULAR COUNCIL MEETING HELD JANUARY 14, 1985 �A42181985 CITY Of OROM 7:00 PM ATTENDANCE The Oronc Council met on the abo\ie date with the following members present: Mayor Butler, Councilmembers Lynn Adams, TimAdams,and Frahm. Councilmember Grabek was absent. Public Works Coordinator Gerhardson, Zoning AdministratorMahusth, 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 iterns 4 and 5 be removed from the Consent Agenda* for more discussion. Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the Consent Age,ida*, 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. Notion, 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. Motion, Ayes (4), Nays (0). LAKE 14INNETONKA CONSERVATION DISTRICT REPORT There was no Lake Minneto*_a 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 made a complaint to the Orono staff but no action has been taken on his 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 hardcov%r 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 TILE REGULAR COUNCIL MEETING HELD JANUARY 14, 1985 PAGE 1. Direct the staff to ticket Mr. Johnson for his violations like thQ City is doing in a similar case involving Mr. Eller. Wheeler suggested then getting Jc•hr.sv,i decide if he wants to come in and appropriately pay the building permits and apply for varianr.Ps. 2. Wheelnr told Council. .if they didn'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 Ellen dispute will be on the Plannlri- Commission agenda. 'v:'hceler asked that his nu.ne be placed on the agenda in orler 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 on 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 he 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 boat, that she would unilaterally give Mr. Johnson a variance for his boat and storage of truck. Wheeler explained that -her, ;,t talked to City Attorney Radio, Radio informed him that he must appeal the inaction of the City staff and pa% a $100 fee. Mayor Butler replied toat- 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 Council, 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 MEETING HELD JANUARY 14, 1985 PAGE 3 Wheeler state that he didn't feel that he was appealing anything. Wheeler stated that if the Council felt he was appealing something, he asked that the Council waive that fee. Wheeler asked the Council that whey: they address this appealing fee to be increased later tonight, that they consider what that fee is really for. Wheeler stated that when an Orono resident has to pay a $100 or $200 fee to ask to have the laws enforced equally, that that is abusive and isn't the intent of 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 boat next door, the Council discussed it and the bottom line of that discussion was for the City to enforce 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 of fort that we are not staffed for. Butler told Wheeler that the City has since then had discussions about changing the ordinance in light of the fact that as the ordinances is .4ritten 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 refused to discuss the issue that he appeared on, and without any Councilmember's knowledge of what was going on, made a statement in support of Mr. Johnson's violation of our city laws. Wheeler sated that the Councilmembers 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 Administrator Mabusth mentioned that Mr. Eller was not ticketed and was out of town at the time and then came into staff after receiving a letter. Mabusth told Eller at that time that he should come in for a variance application. Mabusth noted that even some Council - members have over-;?' ^ed boats stored on their property along with many — her Orono residents. Mabusth explained the probir.-P.s that residents have in meeting the ordinance standards: topographical concerns, inability to meet the required setbacks setup by the performance standards, size of boat (20' boats cannot be stored on property). MINUTES OF THE REGULAR ORONO COUNCIL MEETING FIELD JANUARY 14, 1985 PAGE 4 Jerry Wheeler told Mabusth 'Joat this wasn't the point. Wheeler stated that one of ;he Councilmembers has a large boat stored on his pra;, rty, but the boat is not stored next to the lot lir.::, or stored where the neighbors have to look at it. Wheeler stated that the Councilmember was not, in his opir.,ion, v;olatir,g the spirit and intent of the ordinance. Wheeler stated that it i s up to the Council to intent: -et the ordinance. Councilmember T. Adams stated that 1. -ild like staff to come back to the Council with t.ht. r analysis and recommendation on Wheeler's problem.. ;dams felt that it shouldn't be tied -in with any other q.:i cation that is before the City. Councilmember L. Adams stated that he hao, an oversized boat in his yard and a few years ago he had a.n old ruck in his yard and was ticketed by Orono for tht�l violation. Adams noted that some of the City ordinan:-es are too restrictive and this particular ordinance .s one of them. Adams noted that a recommendation s•`•-,uld be obtained from staff. Adams felt that if t:- -re was illegal excavation, that this should be addre.:.sed by staff. Councilmember Lynn Adams moved, Mayor Butler secc-idtl, to direct the Orono staf f to investigate and report it,ck to the Council regarding the alledged violations (L3•at storage and expansion of hardcover) at the Johnsen 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 variance should be approved. Adams noted that this lot has not always been held as a separate lot for a future building site. Adams stated *-hat the.----t significant finding was that the two lots had been uFed as one lot, with the house on one lot, the garage or the other lot, and the driveway crossing both lots. ;dams stated that this indicated that the owners of the lot simply considered this one lot. Adams noted that the existing house is only 50' away from the lake and the hardcover runof f has been of f set by the open lot next door. Adams stated that when that open lot is built on, that offsetting assistance to the hardcover runoff will not be present. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 14, 1985 PAGE 5 #874 DUANE BARTH & 14RS DONALD JOHNSTONE City Attorney Radio noted that at the last meeting 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 rad 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 t.cnight is only a vote to formalize the approval given at the last. Council meeting. Councilmember T. Adams noted that lie did vote against this application at the lastmeeting. Adams noted that he will vote for the motion to approve the resolution only because he was instructed by the City Attorney to (10 so. 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. #881 WILLIAM KRUTZIG 1629 BOHNS POINT RD REQUEST FOR ADDITIONAL HAP.DCOVER REVIEW William Krutzi; 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 staged that this item was on the agenda for information only. Councilmember L. Adams noted that Krutzi-,'s new idea for hardcover u-�der decking is very good. Mayor Butler moved, Counci lmember L. Adams seconded, to table the Krutzig request for additional hardcover review pending receipt of the City Engineer's review. Motion, Ayes (4), Nays (0). #811 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's formal response on the resolution drafted by staff. John Ericson was not present. Mayor Butler. moved, Counc•lmember L. Adams seconded, to approve Resolution #1719, A Resolution Denying an Appeals Application that would except the division of legally combined lots from the subd: vision regulations of the City of Orono. Motion, Ayes (4), Nays (0). MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 14, 1985 PAGE 6 #849 I.D. CAPLES 4798 NORTH SHORE DRIVE VACATION OF A PORTION OF PARK AVENUE RESOLUTION #1720 I.D. Caples was present. Caples attorney, Ann Schulz, was also present. #783 I.D. CAF!.ES 4798 NORTH SHORE DRIVE VARIANCE RESOLUTION #1721 Mayor Butler moved, Councilmember I.. Adams seconded, to approve Resolution #1720, 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. Councilmember L. Adams suggested adding two f indings to the drafted resolution. Adams noted that. the highest and best use of the property appears to be the construction of a home or the property would likely revert to tax delinquent status if not built on. Adams noted that the appl i cant' s good f a ith of f ort to obtain 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 added to the resolution. Mayor Butler moved, CouncilmemberL. Adams seconded, to approve Resolution #1721, A Resolution Approving i Variance to allow construction of a home, subject to the following findings being added to the resolution: 1. The highest and best use of the property appears to be the construction of a home or the property would likely revert to tax delinquent status if not built on. 2. 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. Moticn, Ayes (4), Nays (0). Mayor Butler asked that this resolution be brought back to the Council' 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 #878 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 home at 1900 Shoreline Drive. Kaul noted that they would like to start a traditional bed and breakfast (hereafter B & B) operation in their home. Kaul 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. Kristi 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. Kaul stated that they expect 10 house guests per week. Kaul 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.m. which leaves little time for yard or lake use. Kaul presented a surrey to the Council regarding B & B uses end what the neighbors thought of the B & B use in their neighborhood in Stillwater. Kaul 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 will ing 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 tY if any neighbors have any complaints that things ca,, 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 complained 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 for a 8 & B use. MINUTES OF THE REGULAR ORONO COUNCIL 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 would not address the la d 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 stated that he was in favor of the application and Chat the conditional use permit is the way the City should approve this application. Pauline Bouchard of 1860 Shoreline Drive noted that she was very concerned if the Council was considering placing no restrictions on the property. Bouchard 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 applied to the B & B use. Appeals petition fee to be applied towards a different application. Motion, Ayes (4), Nays (0). Councilmember L. Adams 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 ordinai:ce pending staff review. Motion, Ayes (4), Nays (0). 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 work with on the County Road 15 project. MONTHLY & YEAR-TO-DATE SUMMARIES OF RECEIPTS DISBURSEMENTS L BALANCES FOR OCTOBER 1984* MONTHLY i YEAR-TO-DATE SUMMARIES OF RECEIPTS, DISBURSEMENTS i BALANCES 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 balances for November, 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 Direct!- Kuehn regarding the status of 1984 Tax and State Aid Collections. Motion, Ayes (4), Nays (0). POLICE INTERN RPQUEST* Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the request of Mark Thumton 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 for the Public Works Department. Motion, Ayes (4), Nays (0). MINUTES OF THE REGULAR ORONO rOUNCIL MEETING HELD JANUARY 14, 1985 PAGE 10 GOLF COURSE REVENUES i 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 11722* 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 Hoffman. Motion, Ayes (4), Nays (0). ORDINANCE NO 10, 2ND SERIES 1985 FEE SCHEDULE Thy-- Council felt that the following changes should be made in the 1985 fee schedule as drafted: Appeals fee from $200 back to $100 niter -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 Appli 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 Councilmember 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). 1985 APPOINTMENTS TO PLANNING COMMISSION PARR COMMISSION HUMAN RIGHTS COMMISSION Councilmembe= L. Adams moved, Councilmember Frahm seconded, to table the 1985 alpointments until the January 28, 1985 Council meeting. Motion, Ayes (4), Nays (0). MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 14, 1985 PAGE 11 CARMAN STREET SEWER REIMBURSEMENT Councilmember Frahm moved, Councilmember L. Adams seconded, to approve the Carman Street Sewer Reimburseme„t to Mr. Edwards in the amount of $3,500. Motion, Ayes (4), Nays (0). LAKE ACCESS IMPROVEMENT SPATES A'iE i CR 15 George Rovegno was present. Mayor Butler moved, Councilmember Frab- seconded, to table the lake access improvement at Sp Avenue and County Road 15 discussion until the Jani =y 28, 1985, meeting. Motion, Ayes (4), Nays (0). ENGINEERING RATES FOR 1985* Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the engineering rates with Bonoestroo, Rosere, Anderlik & Assoc. for 1?85. Motion, Ayes (4), Nays (0). CITY ATTORNEY'S REPORT JENTILUCCI - DRAINAGE PROBLEM City Attorney Radio noted that Council asked him to give a legal opinion on the Jenti lucci drainage ditch at 1295 Briar Street. Radio stated `hat 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 noted that the City is not responsible or liable for the ponding of water on the Jentilucci property, since the existence of the culvert does nct increase the runoff that would otherwise flow onto the 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 runoff problem. Alex Jentilucci of 1295 Briar Street explained that the City put the road in and thereby increased the water flow. Jentilucci noted that the culvert relieves the property across the street from ponding and flows 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 the 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 REGULAR ORONO COUNCIL MEETING HELD JANUARY 14, 1985 PAGE 12 Public Works Coordinator Gerhardson stated 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 a 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 berepa=red. Fairbanks stated that when large trucks or buses (rive over the culvert that it shakes their house an.' 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 fix 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 slew 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 1'. Adams seconded, that the All Funds Accounts and Liquor Store Accounts be paid. Motion, Ayes (4), Nays (0). ADJOURNMENT 11:02 PM The Orono Council adjourned the regular meeting at 11:02 p.m. and entered into executive session. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor C/ COUNCIL MEETW To: Mayor Butler JAN 2 81985 Orono Council Members From: Jeanne A. Mabusth, Zoning Administrator CITY OF ORONO Date: January 23, 1985 Subject: Violations Cited :Against The Property Located at 130 Cygnet Place - Appearance by Margarette Rossing List of Exhibits Exhibit A - Plat Map Exhibit B - Inspector's Chronological Listing of Events Exhibit C - Oman's Memo 10/29/84 Exhibit D - Letter From Neighbor 12/6/84 Exhibit E - Zoning Administrator's Letter to Rossing Exhibit F - Oman's Note 9/22/84 Exhibit G - Inspection Notice 1/21/85 Exhibit H - Section 10.20 (C) Exhibit I - Section 5.40 Exhibit J - Section 9.55, Subdivision 1 Exhibit K - Section 9.21 Exhibit L - Section 9.22 Exhibit M - Section 10.60, Subdivision 13 The Rossings (Margarette Rossing and sons) purchased the residence at 130 Cygnet Place sometime in early '84 - the actual date of purchase is unknown. The property is located in the RR-1B Zoning District - minimum two acres of dry contiguous land. The neighborhood pattern of development is platted at 1 acre minimum lot size - four of the developed sites consist of 2 combined lots as is the subject property (see Exhibit A). The neighborhood is 15 to 20 years old. the home owners all take pride in the upkeep and maintenance of their homes and yards. The zoning and police staffs have received numerous complaints since the Rossings assumed ownership concerning the intense use and multiple activities of the family ranging from noises from motor bike racing at odd hours, excessive traffic from cars, trucks to the site, destruction of what was once an open, yard area with the dumping of uncut logs strewn about on ground and not stacked. The Building & Zoning Staff has attemted to work with the Rossings during the contruction of the detached garage/storage struc- ture (30'x26') still incompleted - permit obtained on October 19, 1984. The Rossings are doing their own construction and are not experienced builders. Staff has made sure that instructions on code requirements and the need to call for inspections is made clear. In the act of enforcing minimal code standards, the field inspectors have been accused of being "tcc restrictive" and "discriminatory". They have called the mayor c-)mplaining of unfair treatment and harrassment. Since that time, I have asked staff to document all exchanges with the Rossings. In addition, staff has taken photos of the property at different times of the day recording activities on the property. They will be presented for your review at our meeting. The Rossings have been advised of the many violations on their property but refuse to resolve them. They deny they operate a business from their home claiming the wood is for their two fireplaces. The one dump truck is allowed under our code. The pick-up trucks are considered as regular passenger vehicles. It's the one that has been jacked up with a tire missing for over two months that is in viola- tion. Parking vehicles in a haphazard fashion with no defined parking area on site - open parking areas should be defined on a residential. lot. The method of storing the logs on the ground offers a potential health hazard - rats, field mice and other members of the rodent family live in such an environment. If logs were stacked in piles, the potential danger would be somewhat eliminated. Staff has photos of the dump truck preparing to dump a load of logs on the site. Logs are stored everywhere on the property. We have advised the mayor of the neighbors' concerns for their residential neighborhood and the attitude of the Rossings to staff's demands for resolving the violations. Mayor Butler has agreed to allow staff to schedule an appearance by Mrs. Rossing before Council. A certified letter was sent on December 28, 1984 asking Mrs. Rossing to attend your January 28th meeting. As of this writing I have not heard from her and can only assume that she will attend. Review of Code Violations on Property: 1. Section 10.20 (C) Home Occupation (Exhibit H) Rossings deny they operate a business from their residence. Neighbors and other residents claim Rossings have approached them asking if they would like trees removed or trimmed. If the business is not operated from there - where is the place of business? Why can't she dump truck be stored at that place of business? The stan- dards for a home occupation are violated in the manner the Rossinys use the property: a) Business not conducted within principal structure. b) Evidence of business is visible from street. c) Excessive stock in trade is stored on premises. d) -he use does adversely affect the character of the uses pei ted in the district in where it is located. 2. Section 5.40 Home Occupations - License required (Exhibit I). 3. Section 9.55 Maint nance of Private Property - (Exhibit J) A recent inspection on Ja uary 21st revealed: (Exhibit G). a) Garbage spread out in front of garage. b) Storage of mobile equipment in rear yard - not screened. c) Large brush piles. d) Logs spread around yard. 2 e) Pile of old tires. f) Insulating machine with hose and bags of insulation. 4. Section 9.21 and Section 9.22 Public Nuisance and Permitting a Public Nuisance (Exhibits K 6 L) Items a, c, d and a noted above are a public nuisance because these are conditions which unreasonably annoy and endanger the safety, health, comfort and repose of several of our citizens - not just the immediate neighbors! The Rossings refuse to recognize or remove the violations. 5. Secton 10.60, Subdivision 13 - Exterior storage in "R" District (Exhibit M) All mobile materials are stored in open yard and not fully screened - clearly visible to all adjoining properties. 3 N 112 SEC. 4 , T #7, R R3 MEcElvEM 7N Q ti. 4,0 AM 7 22 CID ; i, i'I,H j uW IrHCM a 011D�o v+ATER10v,M 8040 - .. --- ��_- -- MMiilliOrr,, i , tap g •err t in J - _ `J CrGtiEi PLACE J O �1 � _ � `_� L ... .. i k. �• ._ . �.: �� _._ .�TYt--tArT�i � rt�-_ 1...� IOM �. lirl w • r � ~ � ' a t. ;ip' �,� •T a �i+) ! t+ L S Nn 1447 ft- 'Lu uti 23 24 13 r No 0 To: File From: Thomas J. Jacobs, Inspector Date: January 2, 1985 Subject: 130 Cygnet - Violations The following is a chronnlogical listing of events of violations at the above subject property. May 11, 1904 - Officer Erickson 6 myself conducted an inspection at the above subject property which revealed the following: 1. Large amounts of wood on property 2. Owner/Occupant install new driveway 3. 9 vehicles on property as follows: License #NIN 352 Expired license plates Robert Rossing 130 Cygnet Long Lake, MN 55359 License #NJG 324 Melissa Heinzen Hanover Road Mound, MN 55364 License #LRB 579 Dale Rossing Harbor Lane Plymouth, MN 55441 License #MER 769 Expired license plate Gregory Thomas Koehnen Minnetonka, MN 55343 License #CUH 433 Margaret Rossing Plymouth, MN 55441 License #MT2 525 Eugene Becker Field Arlington, MN License #S65 154 Pick-up box trailer/camper 1500 GW Gregory Koehnen Minnetonka, MN 55343 License #TM- 1 !'1-' Dump Truck tiw 27000 lbs. Dale Rossing Plymouth, MN 55441 130 Cygnet January 2, 1985 Page 2 License #CT-5-6624 Utility Trailer GW 15,000 lbs. Eric Nordean Excelsior, MN l Bob Cat Loader Later that a.m. I met on site with John Gerhardson about new driveway access. He felt it was a safe accessand that there was nothing he could do about the second access. I also talked to the Rossings about stacking the wood properly, unlicensed vehicles must be licensed or removed, and that a business could not operate from property. August 23, 1984 - An inspection was conducted at the above subject property by Lyle Oman which revealed the followinq: 1. Vacant lot covered with brush, and logs 4' to 6' high (piled not stacked) October 19, 1984 - An inspection was conducted at the above subject property by Lyle Oman for a garage lccation. October 1984 - Building permit #,487 fer a detac_hec garage. Lots were legally combined. October 22, 1984 - Rossings applied for a burning permit to burn brush and trees. Debris from storms. — P,t,r.e%t- Qtn;ed October 22, 1984 - An inspection was conducted at the above subject property by Lyle Oman to see if the Rossings met requirements of a burning permit. Lyle found that the brush and debris on the site had been hauled in and did not come from the Rossings lot. Burning permit was denied. October 22, 1984 - A letter was sent to Ms. Rossing which stated the following: On October 22, 1984 a~ inspection was conducted at the above subject property. 1. Yu, •.ation for burning permit was for burninq rich was transported to the site. The brush .ported to the site must be haulE- away to a sanitary landfill. 130 Cygnet January 2, 1965 Page 3 Violation Orono Municipal Code section 9.55, Subdivision 1 which states: SEC. 9.55. MAINTENANCE OF PRIVATE. PROPERTY Subd. 1. It is the duty of the owner of every vacant propert; and the owner and occupant of every occupied property to maintain same ir. a neat, clear: and presentable manner free of any junk: debris, refuse, litter, dead trees, or noxious weeds, and to remove all other public health or safety hazards there from. 2. Storage of fireplace wood throughout your lot. Violatio.. Orono Municipal Code Section 9.55 Subdivision 1. 3. Operatirq a home cccupaticn without a l.icc: Violation Or..no Municipal Code Section 5.40. SEC. 5.40. HOME. OCCUPATIONS. Subd. 1. License Required. It is un. awf u 1 for a .y person to engage in, or carry -on, a home occupation, as that term is def i nec' in the Zoning Chapter of the City Code, without first having obtained a licen: therefor from the City. Subd. 2. Regulation. Idcensc wi 1 1 cn 1 y be d if the specific use is pe �ted or oth t allowed by the Zonir,g ,i tt..r, and is 11 conditions set forth in _ i Chapter are sully complied with. 4. the above items are considered a public nuisance per Orono Muni ci F.a 1 Code Section 9.21 which states: SEC. 9.21. PUBLIC NUISANCE. It is unlawful for any pz!ison to maintain a put-' is nuisance by his act or failure to perform a l 1 duty, and for purp�,ses of this Section, a pub uisance shall be define as any of the following: (1) maintaining or permitting a condition which rinreascnably ann.:ys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public; or, (2) interfer4ng with, obstructing or renderinq dangerous for Ear, -7e, any street, public right-of-way, cr waters--- I by the pu:?l ic; or, (3) any other act or cmis, leclar+,d by law to be a public ni,i since. 130 Cygnet January 2, 1985 j?;.ge 4 Thus you are in violation of Orono Municipal Code Section 9.22 which states: SEC. 9.22. PERMITTING A PUBLIC NUISANCE. It is unlawful for any person to permit real property under his control to he used to maintain a public nuisance, or lot the same, to another knowing it is to be so used. These violations must ale _11rrected with_ _0 days or citations will be .-:-sued and the mattes will be turned over to the City Attorney for proper legal action. October 24, 19R4 - An inspection was conducted at the above subject property by Lyle Oman which revealed that the footings for the garage were poured without inspection. A stop order was posted a- he following information was required before Is to continue: provide informati,,., on the type o.� -oil footings A-: e on. ?. thicYio -- f fcot:r,,.s 3. width cf footings 4. conior- 4on onsetbacks of building Items 1, 7 ave been completed. Item 4 has never bees, October 24, 1984 - An inspection was c ed on the above subject property by Lyle Oma: Lyl - 1ainx�d ' `+ tht.;- must dig down along side fn could verify footing depth, s soil (common procer-dure when t' without insnection). O%_tnber 24, 1984 -,..r• ^1. 1984 I spoke wio�. M Rossinq = ho v'verty, She stated tha • he had I sent. I a:;xe. hc:_ why they were operating a business and she said she wasn't. I asked her why she had all the wood and her reply was that she had 2 fireplaces. I asked her then to clean up the property yid that operating this type of business was in violation of City Grdinance. She insisted that she was not operating a business. October 29, 11j#4 - Letter to file from Lyle Omar. icrnc;csed). 130 Cygnet January 2, lt,95 Page 5 November 1, 1984 - An inspection was conducted by Lyle Oman which ieveal.ed the following vehicles on the property: License #NKJ 796 79 Ford Pick-up Russel Si -f t- Rossing 739 Carver Beach Street Chanhassen, MN 55317 License 4NI14 352 Chevy Pick-up Robert Edwin Rossing 130 Cygnet Long Lake, MN 55356 Licen!a AI/M 78712 Chevy Dump Truck (27000 lbs.) Dale Glen ossing 130 Cygnet Long Lake, MN 55356 License fLRB 519 Cher, PiO, Dale Glen Rossing 130 Cygnet Long Lake, MN 55356 Photos taken enclosed. November 13, 1984 - An inspection was conducted by Lyle Oman which ^vea led that ti. .! piles of logs were still there. otos taken enclosed. Novembei 34 - An footing ins- action w;.s conducted by Lyle Oman. Footings appro%ed. December 6, 1984 Chief Mel Kilbe, Orono Police Department, received a letter complaining at -out the Rowing operation. December 6, 198f - Inspection by Lyre - logs sti 1 there (photos taken enclosed). December 19, 1.984 - An inspection conducted by Lyle Omai. revealed that vehicles werfa still parked on E -operty and log piles are all over. December 20, 1984 - I wrote a memo to f i le on the operation at the above subject r rty (enclosed). December 20, 1984 - An inspection conducted by Lyle Oman revealed +he following: I. Pick-up truck with wheel missing . Dump truck 3. 1 Snow plow 130 Cygnet January 2, 1985 Page 6 4. Many large wood piles 5. 1 Large bush File 6. 2 Chevy pick-ups 7. 1 Pick-up box trailer with toppe Photos taken enclosed. December 28, 1984 - A letter was sent certified to Ms. Rossina_ requesting that she appear before Council. January 2, 1984 - An inspection conducted by Lyle Oman revealed that nothing has changed as to corrections to the property. (photos taken enclosed) cc: Jeanne A. Mabun•,, Zoning Administrator Melvin Kilbo, — 2f of Police Tom Radio, Cit, .-)rney 1 To: f t c From: Lyle Oman Date: October 29, 1984 On October 19. 1984 1 was called to do r site inspec.tiois at 130 Cygnet Place to varify setbacks for a garage. After the setbacks were measured Robbin Rossing and his brother asked me when I wanted to inspect the footing. I told them after the trenches are dug and before they poured. They asked "Why before we pour?" I told him we have to inspect the soil and should see grade stakes to mal:-e sure the concrete is thict: enough. Robbie said "OK, fine." I also told him we needed 24 hour notice. He said, "sure". On the morning of October :24, 1984 1 was called for a footing inspection and found the footings had already been poured and were under ±' of water. Knowing that Tom Jacobs could not be reached at that ti.mR, 1 loft the site. Later in the day I was able to talk to 'Tom and he said he didn't do a footing inspection there and I should go red tag them. He also told me I must have them dig along the, side of the footings in .3 places so I could check the soil and depth of concrete before they continued. I �d tagged the job and left a slip explaining what I needed. On the morning of October 25, 1984, Marge Bossing called and I again explained what I needed, she said she would talk to the boys and have it done. Then at about 2 p.m. 1 got a call on the radio saying that Marge Passing had called and Ricl• Rossing was waiting for me at the site. I was pressed for time br-cause of other schedulFd inapectionE but went anyway. When I arrived Rick: was there but the inspection holes I requested were not dug and the footings were still under water. 1 again explained what I needed to Rick: and he said, "Oki, fine. I will have my brothers do it." I said, "Good. lel l them wc• require 24 hours notice for inspections but if they call me early in the marina they can set it up for the afternoon s � nce tht-ry want to start laying block on Saturday." HP said , "Oki, -fine." On October 226, 1984 about I1:00 a.m.. Marge Rossing called the office and said the boys had duq the holds I wanted and were out there now. I was contacted by radio, but I told them there was no way I could make it until at least 2 p.m. When i got back: to the office there was a mess=age from Marge Rossing sayi , I should call her if I can't Take it by 2 p.m. I was ver uusy with scheduled inspections and knew then I couldn't make it at 2. p.m. so I called her and said it would be 2:310 p.m. I made it at 2:35 p.m. No one was there. I saw no holes along side of the footing and the water was about 1' deep. I posted a second (2) rc-d tf on the cement bags and put an inspection slip in the door sayirj They cannot lay block:s until the inspection is made. When I returned to the office at 4:15 p.m., one of the boys called and wanted to know what was going on, I explained again what I needed, he said. "Ok . cairn I. ou cr,mt, out row'. " G I told trim no I didn't have time. Five (5) minutes later a man called saying he handles all of Mrs. Rossings legal matters. I went over the whole story with him and said they couldn't lay block this week -end. Monday morning, October 29, 1984, Jeanne Mabusth informed me Mrs. Rossing had called the mayor to conplain. Jeanne said I should go out again this moring and do the inspection. Upon arrival I found nothing had changed and footings were under 22' of water. (Inc-, of the boys came home while I was there. I again explained what I needed. He said, "Well it's full of water again now." So I told him they should call me 24 hours in advance when they pump it to lay blocks. He said the holes were already dug and all they needer-I to do was to pump. I asked him where the holes were but he could only find one. I again said call me 24 hours in advance. He said, "Olc, fine." Put they won't be laying block: ne;;t weep -end, so maybe the week. -end after that. To: File From: Tom Jacobs, Inspector Date: December 20, 1984 Subject: 130 Cygnet Place On about October 24, 1984 I spoke with Mrs. Rossing about her property. She stated that she had received the letter I sent. I asked her why they were operating a business and she said she wasn't. I asked her why she had all the wood and her reply was that she had 2 fireplaces. I asked her then to clean up the property and that operating this type of business was in violation of City Ordinance. She insisted that she was not operating a business. At that time I fount: it hard to prove the business was operating for the follc:.,ing reasons: 1. wood piles, although scattered all over, could be for the home owners wood stove. 2. The parking o: vehicles on property (suspect employees) cannot be proven. 3. Wood is being hauled in to thc• pi;,pc:cty but from where? Although the above appears to not be a business operating out of the home, my opinion is that they are operating a business for the following reason: 1. After a storm last summer the neighbors in the area were approached about clean up and removal. 2. Also after the storm the Rossings applied for a burning permit to burn brush that 6: d not come from their property. 3. The type of equipment the Rossings own also point in this direction, dump truck, bob cat, etc. CC: Jeanne A. Mabusth, Zoning Administrator § 10.02 23. "Family Dwelling -Multiple" - Any structure made up of two or more attached dwellings. 24. "Garage -Private" - A detached accessory building or portion of the principal building, including a carport, which is used primarily for storing passenger vehicles, trailers or one truck of a rated capacity of not more than one and one-half tons. 25. "Farm (Crop)" - A parcel of land comprising an area of ten or more acres that are in agricultural use. 26. "Farm (Stock)" - A parcel of land comprising an area of ten acres or more that is used to house and feed six or more animals or for the raising of food. 27. "Ground Level" - The average elevation of the finished ground surface measured within five feet of the foundation of a building, except ground level related to height of building shall be measured at center of building facing the front of the lot. 28. "Guest House" - An accessory separate dwelling constructed on an existing undivided lot for the sole use of the occupants, including their domestic employees or their non-paying guests, of the primary dwelling. All regular lot requirements s shall be met by the guest house. Source: Municipal Code Effective Date: 9-14-67 29. "Hard Cover" - Any structure, blacktop or other material which interferes to any degree witn the direct absorption f rainfall into the ground. Source: Ordinance No. 172 Effective Date: 1-1-75 ✓30. "Home Occupation" - Any gainful occupation meeting all of the following requirements when engaged in only by persons residing in their dwelling, when that occupation is conducted within the principal structure only, when evidence of the occupa- tion is not visible from the street. No signs other than those permitted in "R" Districts are present, no excessive stock in trade is stored on the premises, over the counter retail sales are not involved, and entrance to the home occupation is gained from within the structure. A professional person may use his residence for corsultation, emergency treatment or performance of religious rites but not foi: the general practice of his profession when such general practice will involve the need for more than three off- street parking spaces for the occupant and visitors. ORONO CC 244 (4-1-84) APO-- zz, 0 I i IF, : -O 'Tltin, t'lliti, AbIA 1 + Ai W-4 2;111! 'par mi, 's Aa, lv� m. A I I �-` .- ` ~ / `` \ / _ //'�� -- � L_- ��`�'' ( ` | w 1Jr •'a { 7 '� r i 1•f_t, 4 6 f � - ir O;OL— Z's 6'4. 40o'- e lo or, oe, .19 e 4e 10 CIT`S' of ORONO I'u.t (W14V liux 660Crystel Ii;rv. Minnesota 663230MunicipaI Offices Oft fhr North Shur( of Lake Af(Ilrlrtonka CFR'FIFI1:1) MIN, December 28, 19:34 Mrs. Margarett= Rossing 130 Cygnet Place Long Lake, MN 55356 Dear Mrs. Rossing: Staff has scheduled an appearance for you before the Orono Council on January 28, 1985, at 8:33 p.m, to discuss the many complaints received by both Council members and staff concerniny your family's commercial use of your residential property. I have enclosed section 10.02 (30) of the Municipal Zoning Codc that sets forth the performance standards definirq an approved level of commercial use under a "home occupation use" in a resi- dential zone. Your family "tree trimming or landscape operation" appears to violate many of those standards. Both Council and staff members continue to receive complaints regarding the degree of noise from that operation and the unsightly condition of your residential lot. Staff will present the photographs taken of your residential property at various times during the last 3 months. In addition staff will review the oral and written comments of the many residents that confirm your business operation. I have scheduled your appearance before Council so that you and/or your family representative(s) may speak directly to the Council in consideration of your previous claim that my staff has harassed your family and has created financial burdens for you by requiring specific conditions at the time of building inspections for your storage garage. 471 71t I\I,IH %I If I\ A 11\ %\(1 4'1 715b 0 i'l 4117154 December 28, 1984 Mrs. Margarette Rossing page 2 Please cc,ntact my office if the Council meeting of January 28, 1985, creates a conflict with you- schedule for I will be happy to reschedule your appearance for another meeting night. Council meets on the 2nd and 4th Mondays of each month. Sincerely, IL &anne A. Mabusth Zoning Administrator Enclosure cc: Mel Kilbo, Police Chief Tom Jacobs, Building Inspector May(- and Council o,v (�,- as - "Sy .L �,AS cwc.,.- -:-- P-9 z' G6 /1 S i'IC. iNsTA,( r4T/CN ,/v5/t'C I , G ^-' f7 1 su C:Y6/UZ�. T 1N CC) NLOvc r,/v; _iHc- /ti•-secc7-1o.t yO C' 61,0 C 14 T /-f 7H 'S?p c-L eK 1e I C K cis":- � ti tG OF L-%;keOf, �Zn�,r"� ra2��,rvC AJ F1c:Z '" �Nra�N.� T1a� �� c_ ,v_��n , iN[_ F" /4w'4 7 f-" _ 7 u. f 4 f- 4-, ti� c 1-0 G i,A I I t IML CITY OF ORONO CALLED IN INSPECTION NOTICE SCIff UULLD PERMIT NO. - -- _-- COMPLETEU ADDRESS _-L 3-- OWNER ---- --- TELEPHONE NO. FOOTING FRAMING INSULATION WALL BD C FINAL PROGRESS OEMOL ;y FIRE PREY COMMENTS: 1;t 3 CONTR. L: PLUMBING RI SITE INSPECTION n MECHANICAL T7 EXCAV /GRADING/FILLING U WATER HOOKUP UI LAKESHOHE/WETLANDS O METER SET/TURN ON V LICENSING 0 SEWER HOOKUP O COMPLAINT D SEPTIC INSTALL CJ FOLLOW UP D SEPTIC MAINI O SEPTIC FINAL U; WELL TEST PUMP 17 FIREPLACEIWOOD BURNER O Tn P (&r~j I/N F4CAi t LE C1'11aAc-&: _ �_ [TT uGL P�CK6r� TCF��t'►� — L A f1C-,F- Q U'x o IN Lt -5 elie or, cxtl; t [LDS Net.; 6dillTILtins ,ram-, , CAAC-ItIo-'2 ViORK SATISFACTORY PROCEED PHOTQjTAKE CORRECT WORK 6 PROCEED COnnECT WORK CALL FOR REINSPECT ION BEFURF COVERING, CORRECT UNSAFF CONDITION WITHIN HOURS INSPEG:IOR WILL Rt I URN O STOP ORDER POSTED CALL INSPECTOR v INSPECTION REOUIREO CALL TC ARRANGE ACCESS call for the rwxt inspection 24 hours in advance. Owner/Contr. on site Inspector - - '� --��_ 47314 57 Whote Copt►IInUmver'! File Gnhl Cape/Site NotK• 5 10.20 M. Antenna Structure. One independent antenna structure with antenna or combination of antenna attached thereto, subordinate to and servicing the principal use or structure on the same lot and customarily incidental thereto that is not attached to another structure provided the height of the antenna structure does not exceed 65 feet and the antenna structure is set back from any lot line a distance at least equal to the total height of the antenna structure. Source: Ordinance No. 177 Effective Date: 6-5-75 Subd. 4. Accessory Uses. Within .any "R-lA" One Family Residential District, no accessory structure or use of land shall be permitted except for one or more of the following uses: A. Garages. Private garages and parking space. B. Pools, etc. Private swimming pool, tennis courts, and paddocks. V C. Home Occupations. Any (gainful occupation meeting all of the following requirements when engaged in only by persons residing in their dwelling, when there is no employed assistant, when that occupation is conducted within the principal structure only, when evidence of the occupatior is not visible from the street, no signs other than those permitted in "R" Districts are present, no excessive stock in trade is stared on the premises, over the counter retail sales are not involved, the entrance to the home occupation is gained from within the structure, and the use does not adversely affect the character of the uses permitted in the district in which it is located. A professional person may use his residence for consultation, emergency treatment or performance of religious rites but not for general practice of his profession when such general practice will involve the need for more than three off-street parking spaces for the occupant and visitors. D. Signs. Signs as regulated in the Zoning Chapter. E. Temporary Structures. Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing. F. Gardens, etc. Gardening and other horticultural uses including aviaries and decorative landscape features. G. R,arside Stands. One roadside stand offering for sale only farm products produced on the premises provided that such stand does not exceed 200 square feet in area and that it is located at least thirty feet back from the public right-of-way. Source: Ordinance No. 172 Effective Date: 1-1-75 ORONO CC 281 (4-1-84) ✓SEC. 5.40. HOME OCCUPATIONS. § 5.40 Subd. 1. License Required. It is unlawful for any person to engage in, or carry -on, a home occupation, as that term is defined in the Zoning Chapter of the City Code, without first having obtained a license therefor from the City. Subd. 2. Regulation. Licenses will only be issued if the specific use is permitted or otherwise allowed by the Zoning Chapter, and if all conditions set forth in said Chapter are fully complied with. SEC. 5.41. MACE. Subd. 1. License Required. It is unlawful for any person to sell or distribute, at wholesale or retail, the substance commonly referred to as mace, without first having obtained a license therefor from the City. Subd. 2. Limitations. A. Only persons who are duly authorized and licensed Federal firearms dealers shall be licensed. B. This Section shall not apply to official sales to, or purchases from, the City Police Department. SEC. 5.42. BUSINESS AND JOINT USE OF LAKE FACILITIES. Subd. 1. Definitions. For the purpose of this Section, the following terms have the meanings given them: A. "Boat Slip, Water" means a structure, space, dock or other thing designed or used for the docking, mooring or storing of a boat temporarily or permanently in or on water, including mooring posts, buoys or other devices. B. "Boat Slip, Land" means a structure, space or other thing designed or used for storing a boat temporarily or permanently on land adjacent to a lake, whether it is located on or off the licensed premises. C. "Business of Docking, Mooring, or Storing Boats" means renting or otherwise providing space, including boat buoys, for docking, mooring or storing three or more boats belonging to persons other than the owner or occupant of the property. D. "Commercial Boat Dock Business" means providing space for docking, mooring or storing boats for a fee, or boats used in a trade or business, including, without limitation, provid- ing rented space, boat buoys, space for keeping boats owned by the licensee and held for sale, display, rental, or otherwise used in connection with a boat or marina business, and space held for docking of boats during or pending repairs or maintenance of said boats. ORONO CC 126 (4-1-84) § 9.54 some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. For the purpose of this Section, a utility or glove compartment shall be deemed to be within the area occupied by the driver or passengers. V SEC. 9.55. MAINTENANCE OF PRIVATE PROPERTY. Subd. 1. It is the duty of the owner of every vacant property and the owner and occupant of every occupied property to maintain same in a neat, clean and presentable manner free of any junk, debris, refuse, litter, dead trees, or noxious weeds, and to remove all other public health or safety hazards therefrom. Subd. 2. Grass and Weeds. The owner or occupant of every lot or parcel shall regularly cut or otherwise maintain all grass and weeds thereon at a height of not more than six (6) inches, except this provision shall not apply to the following: A. Publicly -owned parks, trails or nature areas. B. Property actively being farmed or used for agricultural purposes in conformance with the Zoning Chapter. C. Residential properties in excess of one acre grr)ss lot size when located in the RR-lA, RR-lB, LR-lA and RS Rural Residential Zoning Districts, provided that such properties or portions thereof shall be maintained in conformance with this Subdivision upon nocice from the City that lack of such maintenance has caused complaints from abutting property owners anal i!� thereby creating a public nuisance. D. Wetlands vegetation as defined in the Zoning Chapter. E. Grass, weeds or underbrush on any slope in excess of 100 percent (45 degrees). SEC. 9.56. VACANT, DAMAGED OR HAZARDOUS BUILDINGS. Subd. 1. Vacant Buildings. It is unlawful for the owner of any property to keep or allow to exist any vacant building which is open to trespass or is riot secured against unauthorized entry. When an unsecured building is found, the Building Official shall post the premises and shall issue orders in person or by mail to the last known owner of record requiring that the building be secured within 48 hours. Failure to secure the building upon issuance of such orders shall be cause for the City to properly secure the building, to cause the costs thereof to be charged against the property as provided by Minnesota Statutes Section 463.251, and to commence hazardous building proceedings pursuant to Minnesota Statutes Section 463.15 et seq. ORONO CC 22F, (4-1-84) 9.20 SEC. 9.20. DISORDERLY CONDUCT. It is unlawful for any person, in a public or private place, knowing, or having reasonable grounds to know, that it will, or will tend to, alarm, anger or disturb others er prov-oke any assault or breach of the peace, to do the following: (1) engage in brawling or fighting; or, (2) disturb an assembly or meeting, not unlawful in its character; or, (3) engage in offensive, obscene or abusive language or in boisterous and noisy conduct tending reasonably to arouse alarm, anger or resentment in others; or, (4) willfully and lewdly expose his person or the private parts thereof, or procure another to so expose himself; and any open or gross lewdness or lascivious behavior, or any act of public indecency; or, (5) whether or not posted with signs so prohibiting, voluntarily Enter the waters of any river or public swimming pool at any time when said waters are not properly supervised by trained life-saving personnel in atten- dance for that purpose, or enter such waters without being garbed in a batting suit sufficient to cover his person and equal to the standards generally adopted and accepted by the public; or, (6) urinate or defecate in a place other than (a) if on public- property then in a plumbing fixture provided for that purpose, or (b) if on the private property of another then in a plumbing fixture provided for that purpose, or (c) if on private property not owned or con- trolled by another, then within a building; or, (7) cause the making or production of an unnecessary noise by shouting or by any other means or mechanism including the blowing of any automobile or other vehicle horn; or, (8) use a sound amplifier upon streets and public property without prior written permission from the City; or, (9) use a flash or spotlight in a manner so as to annoy or endanger others; or, (10) cause defacement, destruction, or otherwise lamage to any premises or any property located thereon; or, (11) strew, scatter, litter, throw, dispose of or deposit any refuse, garbage, or rubbish unto any premises except into receptacles provided for such purpose; or, (12) enter any motor vehicle of another without the consent of the owner or operator; or, (13) fail or refuse to vacate or leave any premises after being requested or ordered, whether orally or in writing, to do so, by the owner, or person in cf.irge thereof, or by an; law enforcement agent or official; pro- vided, however, that this provision shall not apply to any person who is owner or tenant of the premises involved nor to any law enforcement or other government official who may be present thereon at that time as part of his official duty, nor shall it include the wife, children, employee or tenant of surh owner or occupier. SEC. 9.21. PUBLIC NUISANCE. It is unlawful for any person to maintain a public nuisance by his act or failure to perform a legal duty, and for purpozes of this Section, a public nuisance shall be defined as any of the following: (1) maintaining or permitting a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable nurT,�er of members of the public; or, (2) interfering with, obs,ructiny or rendering dangerous for passage, any street, public right-')f-way, or waters used by the public; or, (3) any other act or omission declared by law to be a public nuisance. ORUNU CC 1 1 ( 4 -1 - 8 4) L s 9.2n VSEC. 9.22. PERMITTING A PUBLIC NUISANCE. It is unlawful for any person to permit real property under his control to be used to maintain a public nuisance, or let the same to another knowing it is to be so used. Source: City Code Eftective Date: 4-1-84 (Sections 9.23 t-hrougn 9.?9,-;--'lusive, reserved for future expansion.) ORONO 0' 214 t4-1-84' § 10.60 odorous or solid matter of such quality and quantity as to be readily detectable at any point beyond the lot .line of the site on which the use is located. Subd. 7. Vibration. Any use creating periodic earth- shaking vibrations, such as may be created from a drop forge shall be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located. Tie standard shall not apply to vibrations created during the process if construction. Subd. 8. Glare or Heat. Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which the use is located. Lighting in all instances shall be diffused or directed awav from "R" oistricts and public streets. Subd. 9. Explosives. Any use requiring the storage, utilization or manufacturing of products which could decompose by detonation shA l be located not less than 400 feet from any "11" District line. Subd. i0. Screening Required. Screening shall be required in residential zones where: A. Any off-street parking area which contains more than four parking srjaces and is within 30 feet of an adjoining residential lot ling •e,, A. , the driveway to a parking area of mor^ than six parking ;c?s is within 15 feet of an adjoining residential lot line. Subd. 11. Screening, Type of. The screening required herein shall consist of a solid fence or wall at least 50% open, not less than four feet nor more than five feet in height but s',111 not extend within 15 feet of any street or driveway opening onto 3 street. The screening shall be Placed along the property lines or in case of screening along a street, 15 feet from the street right- of-way ti..th landscaping (trees, shrubs, grass and other planting) between the screening and the pavement. A louvered fence shall be considered solid if it blocks direct vision. Planting of a type approved by the Planning Commission may also be required in addition to, or it: lieu of, fencing. Subd. 12. Maintenance. In all districts, all structures, required landscaping and fences shall be maintained so as not to be unsightly or precent harmful health or safety conditions. Subd. 13. Exterior Storage in "R" nistr icts. In all "R" Districts, all mobile materials and equipment shall be stored ORONO CC 378 (4-1-84) § 10.60 within a building or fully screened so as not to be visible from adjoining properties, except boats and unoccupied trailers less than 20 feet in length, which are not stored for commercial purposes, if stored to the rear of the house and a distance of 10 feet or more from any property line. Source: Ordinance no. 172 Effective Date: 1-1-75 Subd. 14. Waste Materials. Waste material shall not be washed into the public storm sewer system nor the sanitary sewer system without first having received a permit to do so from thc- City. If said permit is not granted, a method of disposal shall be devised which will not require continuous land requisition for permanent operation and will net cause a detrimental effe-.�t to the adjacent land. Should the waste be of solid form rather than fluid, the storage area shall be so located and fenced as to be removed from public view. In all districts, all waste material, debris, refuse, garbage, materials not currently in use for construction or otherwise regulated herein shall be kept in an enclosed building or properly contained in a closed container for such purposes. The owner of vacant lard shall be responsible L'or keeping such vacant land free of waste material and noxious weeds. Subd. 15. Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing flooding, or erosion on adjacent properties. Such runoff shall be properly channeled into a strr-! drain, water course, ponding area or other su`•.table facility. Subd. 15. Traffic Control. The traffic generated by any use shall be channc.lizel and controlled in a manner that will avoid congestion on public streets, safety hazards, or excessive traffic through residential streets. Vehicles backing from a parking space shall not back into the public street. No access drive to any lot shall be located within 20 feet of any two intersecting street right--)f-way lines. Subd. 17. Radiation, Etc. No activities shall be permitted that emit dangerous radio activity beyond enclosed areas. There shall be no electrical disturbance adversely affecting the operation of any point of any equipment including but not limited to radio arsd television reception other than that of the creator of the disturbance. SEC. 10.61. SPECIAI. PROVISIONS. Subd. accessory use regulations: 1. Signs as Accof-,ory Use. Signs are a permitted in all districts subject. to the following ORONO CC S7`) (4-1-84) COUNCIL !MEETNG JAN 2 81985 TO: Council CI ► of OROW FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: January 22, 1985 SUBJECT: #783 I.D. Caples, 4798 North Shore Drive - Variance Resolution Attached is a copy of the revised resolution approving the Caples' lot as a building site. The revisions are the three additional findings you requested to be included (items 4, 5, and 6) at your January 14, 1985, meeting. The minutes of that meeting are also attached. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 14, 1985 PAGE. 6 #849 I.D. CAPLES 4798 NORTH SHORE DRIVE VACATION OF A PORTION OF PARR AVENUE RESOLUTION 11720 I.D. Caples was present. Caples attorney, Ann Schulz, was also present. P98 .D. CAPLES NORTH SHORE DRIVE VARIANCE RESOLUTION 11721 Mayor Butler moved, Counci lmember I.. Adams seconded, to approve Resolution #1720, 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. Councilmember L. Adams suggested adding two findings to the drafted resolution. Adams noted that the highest and best use of the property appears to be the construction of a home or the property would likely revert to tax delinquent status if not built on. Adams noted that the applicant's good faith effort to obtain 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 added to the resolution. Mayor Butler moved, Counci lmember L.Adamsseconded, to approve Resolution 01721, A Resolution Approving a Variance to allow construction of a home, subject to t'- following findings being added to the resolution: 1. The highest and best use of the property appears to be the construction of a home or the property would likely revert to tax delinquent status if not built on. 2. 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 a' 1 the additions were made in the resolution. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24 SUBDIVISION 5 (B) - FILE #783 WHEREAS, I.D. 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,. a]1 in Block 3, "Bergquist 6 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 property is located in the I,R-IB Single Family Lakeshore Residential Zoning 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 consistent with the existing neighboring building sites, and finding that no other land is available for the applicant to acquire. 4. Applicant has made a good faith effort to acquire additional property. 5. The highest and best use of the property appears to be the construction of a home; the property would likely revert to tax deliquency status if not allowed as a building site. 6. The proposal is consistent with the current pattern of ..h ....h-1 - City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 7. Municipal sewer is available and has been assessed against the property. 8. Access to the property via County Road 19 is on a curve rendering this access location unsafe due to short sight distance. 9. Development of this property will require no further variances to performance standards other than lot area and width. 10. The adjacent portions of Park Avenue were vacated per City Council Resolution 1720 on January 14, 1985. 11. The City Council has considered this application including the findings and recommendations of the Planning 4Commissi.on, reports by City staff, comments by the owner and the effect of the proposed variance on the health, safety and welfare of the community. 12. 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 siecensary 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 10.24, Subdivision 5 (B) to permit the construction o`. 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 shall not be via County Road 19 but shall be via the existing platted Tonkaview access via City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 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 property that requires a variance. 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 z%,ninq code, shall automatically terminate any authority granted herei,,, 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 (1) Property owner •`� AIEETNG To: Orono Council Members JAN 2 81985 From: Michael P. Gaffron, Assistant Zoning AdministratolLif OF ORO% Date: January 23, 1985 Subject: #881, Krutzig Custom Homes, Inc., 1629 Bohns Point Road Variance - Additional Review Request 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 of the 25% hardcover allowance. Applicant has submitted further information on this deck and hardcover in general, and requests your additional review. List of Exhibits Exhibit A - Application Exhibit B - Applicant's letter of 12/14/84 Exhibit C - Drainage Plan Showing Sewer Line Encroachments Exhibit D - Gronberg Report With Hardcover Calculations Exhibit E - "Seamco" Surfacing Material Literature The request to the Council is that you further review the issue of decks as hardcover. Applicant contends that a deck with specific minimum slat spacing and with permeable materials underlying the deck is not and should not be considered hardcover. City Engineer, Glen Cook, has been asked to review the technical aspect of this for you. His preliminary opinion is that under controlled specific circumstances, decks should not be considered hardcover. What is a reasonable enforceable performance standard? Do we give decks meeting specific slat spacing and underlayment materials credit as 0% hardcover? If so, we may have to require more iiiLencivp inspections of new decks, and may have to even consider performing routine follow-up inspections to ensure that they don't become hardcover later. We will certainly have to publish some type of f lyer to explain the standards to the public. Also, consider that we have in one case accepted the concept of perforated polysheeting under rock as being non -hardcover. Verifying this on every deck installation using this method will be a time consuming task, possibly requiring multiple inspections for what is usually a minimum ($25.00) permit fee. In the Krutzig application, the decks are proposed to be located behind the 75' setback line, requiring only a hardcover variance. In another variance application you will be reviewing on February 11, a request is made for decks encroaching on the 0- 75' zone. Remember that even if decks are declared as non - hardcover, they are still considered a structure, not allowed in the 0-75' zone. In addition to the deck issue, applicant is requesting you consider the merits of other types of porous pavements for drive- way, patio or sidewalk use. In talking with the local supplier of the "Seamco" stone/epoxy product, (Exhibit E), he notes that it is recommended to be used over a concrete or asphalt slab so that the epoxy in the rock layer will monolithically bond with the slab. They stated it would take a 2-3" thick layer to have even minimal. stability over a sand filter, and wouldn't recommend this method except for small areas such as sidewalks. The applicant has previously asked you to consider a drain - field type run-off storage and release system. Presuming that this is technically feasible, and presuming it will perform the function of filtering run-off before it gets into the lake, should we start granting hardcover variances on a "control struc- ture" basis? Will this undermine the credibility of the hard- cover ordinance, since the public will perceive the additional hardcover but not the invisible control method? Finally, the issue of driveway paving in general. We do rot have a code section requiring permits to pave driveways, hence the typical pattern is that existing non -paved driveways and aprons (dirt or gravel) often are transformed into less permeable asphalt or concrete surfaces. The tradeoffs may be questionable. If we have a "gully washer" that would erode a gravel or dirt driveway where the run-off reaching the lake from a paved drive- way would contain much less silt and sediment, which is preferable? Should we require permits for driveway paving in LR Districts? CITY OF ORONO 16 3 -i-G Q VARIANCE APPLICATION Application Fee 00.�00� After -the -Fact Fee $200.00 -------------------------------------------------------------------------- PROPERTY LOCATION Site Address _I (a Property Identification Number (P.I.D.) Please check one -- Is the property abstract or torrens? Please attach legal description to application if not included on required survey. ------------------------------------------------------------------------------ APPLICANT Name �6waS1.tS�.Ll�ti its Tet- Phone 4Jtr -05 3-7 Mailing Address ,4(0 fVtoNdwtt IZ-o p�yrna�.l�-. M� S5447 OWNER Name SCtM% Phone Mailing Address Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USE. OF PROPERTY Pr( -sent Zoning Districtyacc n+ Present Use of Property Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Est imated Construction Cost $ 306,000 I' Describe Y(,au(,st in detail: T�rG(LO��,yC`JLJtine-t,i VARIANCES REQUIRED Lot Area Lot Width Hardcover SetbackVari,rnces ( Front Side Rear) �� OCT Z 6 19B4 c tr,erGr e,; HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: 1517-t. 04 L.oT -------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: 6"*- I" 114. --------------------------------------------------------------------------- -9IRED SUBMITTALS ompleted Application Form. 2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 3. S -mped, legal sized envelopes (410) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Plat. Map. -------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. -------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agreestopayallfeesand/or unusual expenses incurred in review of this application, and certifies ha the information supplied is true and correct to the best o h' /h rykknow e. Applicant's signature /'" Date OWNERS SIGNATURE 1'he owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission membe s, and Council m mbers fcr purposes of investigation and verification of t est. Owner's signature Date �l -------------------------------------------------------------------------- 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. r� / Krutzig Custom Hanes, Inc. 410 Ferndale Rd. North Plymouth, Minnesota 55447 Decenber 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 Deserter 10, 1984, I would like to further submit additional information for your consideration. I have in my possession for your review at the next Council meeting engineer- ing reports that address the hardcover variance #881. This serves to inform you of my intent.ior. to further pursue the current situa- tion. If you need any additional information, of dny further questions, please feel free to contact me at your convenience. Thank you for your time and consideration in this matter. Sincerely, i MITZI(-, C[tST(M WM. KRUTZIG WK:vl :"4A,E �is.a-•t ro�vrrA t pia .8� I tE f<<V Certificate of Survey for William M. Krutzig of Tract A, Registered Land Survey No. 565 liennenin County, Minnesota fit 5, , CIO�9JS if'e�,rt Ed r .r //��'• SB�Ys moo" �97! /! r 9 C��1 f '` 1, � -• - ♦ - `\ �� 1 � Ew.'•'.we�r '— � � .w S5 } 70 = Al 79'4,61 ~4/erP� co—?ee of •Ij, of C 7fj,,I 1 hereby certify that this is a true and correct rcpresentation of a survey of the boundaries of Tract A, Registered Land Survey No. 565, Hennepin County, Minnesota, and of the location of a proposed building. It Goes not purport to show other improvements or encroachments. Date : 5--2?-83, house shown 10-12-$4 r/I� e� �r�� sho.., GORDON R�. GOFFIN CO. INC. ' /i-yr I1 rr✓Netif Awrr� r EJ�r' /oci rm♦r Scale: I" 50 i,.•. -d= ram, r Ere'rr / � � •� � � ../••I',� _ tti rh•i3 V/. Spot eleva':ion ?,,,Ark S. Gronberg Re No. 12 i 55 Iron market- Gordon R. Coffin Reg. No. 6064 Engineers & Surveyors Long Lake, Minnesota COFFIN A GRONBFRG, INC. `.4URVE YING, ENGINEERING AND LAND PLANNING 402•A TAMARACK AVENUE LONG LAKE, MINN. 55356 January 9, 1985 To: City of Orono Re: Hardcover Calculations & Sto rmwater 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. 1 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 usual factors 1 use which are accept- abie to the MCWD engineers are 1.00 or 100% runoff for rooftops, 0.90 or 90% runoff from blacktop surfaces, 0.50 or 50% for gravel surfaces, and 0.30-0.40 or 30-40% from existing ground surfaces depending on slope and veqetation. Thus, I believe that gravel walks and decks should not be lumped together with rooftops in considering hardcover calculations. In the case of the William Krutzig property of Tract A, Registered Land Survev 14o. 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 on level gro and in order to disperse the water over the entire soil area beneath the sand in much the same manner that a sand layer is uskd in a mound type drainfield system. With a small amount of water staying on the deck or being absorbed by the deck boards, the net runoff should be less than or equal to that from the original ground. Although not proposed in this case, it appears that temporary storage areas or basins could be used to reduce runoff into the lake. The MCWD re- quires the use of temporary storage basins for projects in order to reduce the runoff rate after construction to 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 & GRONBERG, INC. SURVEYING. ENGINEERING AND LAND PLANNING 442•A TAMARACK AVENUE LONG LAKE. MINN. 55356 473.4141 -2- Also enclosed is a drawing showing the hardcover calculations for the Krutzig house. If there are any questions or other information 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 he met while taking into account differences in rur►off from various surfaces. Sincerely, Mark S. Gronberg, P.E. & L.S. JULY 1, 1963 DRAINAG)F MANUAL TAG. A 5-294.222 COEFFICIENT Or RUNOFF - (for use with rational formula). -- -- -RWIO SE D VA LUES SURFACES N. MAX. 0.90 0.90 1.00 1.00 ROOFS A;I Kinds Portland Cement Jr AS;1131 rt Cone• 2te PAVEMENTS E3itu.T tou•, open g#adf' or c►: eked 0.70 0.90 Gravcl, ! om clean end !.lose Ir.,el; ycy and hard. 0.25 0.70 R.R. YARDS 0.10 0.30 SAND, from uniform Train [fare 0.15 0.50 size, no fines, to yell Light VenPtation 0.10 0.40 graded, some silt and clay. Dense VqS� atio 0 OS 030 LOAM, from sandy or l [isre . 0.20 0.60 gravelly to clayey. Light Vegelatiort 0.10 0.45 EARTH SURFACES -I _P_ se 0.05 CRAVE L, From clean, no _ f`1ce 0.25 0.65 silt Cr clay, to hick LtfihLYeseLl wL I 0.15 0.50 _ j_,_;�claLcorfrr?t,__ rnsaVerrtation 0.10 0.40 CLA , frcm coirsca s ndy j C..,1e 0.30 0.75 or ;,t ,, to pure col- i !.:; �_Venr_atiorl Dcn_se_Vertetation 0.20 0.15 0.60 0.50 ICity, uwmess area•. 10.60 0.75 COMPOSITE City, r'en�e res,den,.al, I vary as to sciI ood 0.35 0.65 AREAS vcc:cratie-1. Suburb..n residential, I ! 0.20 0.55 vary as to soil , �io ve(IMATion Highway s'.opes and ditchns, vary as to soil and sloe?. 0.20 i 0.07 Parks, Golf Courses 0.10 0.35 etc., vzry as to s011 ----_._� __ Anil er•gc'et,tn. ___-__ I - I � Note: Values of "C" for cIrt!, ,uff.ices are further ririce by dCUrer of saturation, compaction, surface irreyular,ty and slope, character of suf:.o,l and by the i»atence e! Irt•,t ar glazed now or ice. 7Xi4 c r / , A'-s s cs /-/O - 8S 1 /!/✓/.�.`1 C /✓ X!D �XCX 9,F t', aP—)J-C, 2 dciK = /J.J S t. cr. _ , 0021(-A'FS ulE r/r+rt O/: �'D/'J C E/lTA'/r 9/.� ,r r S M/ice//rEJ O, 90 OFCC F✓�c' /J� �c:,,� ,�wi,1� G�... - C 1A - o. 20 (9.2 "'la) 1.a023) - . v.'9 C'FS Y %your. DEc'( BoA�OJ -� /o Fi.Gr wruTN = 9. / 7 f7 of 6or,�os ,/iJo O- �1 f-"T 6foi�F,�a�G; 714Fi; r pEcr fC,4A',P.7 Ai A TE%'/c"1 Jf" D�Fc//NGJ �C r/�✓G ilI D�('/fi: r� z 'F'C= Cv�G�u0.6 A = C/'UJ'l I FC'Tioni,I i /' ('Fq = O, x /D F J' Cf : j Sa ,fir, �J 32.2 f(/Icc 2 ez d (f�J O o O 66') 9. 7 9 oij 11.30 Jr4//! Ci/Ni. _ TD J/�%C✓ 71,1( �'TiIGF -1TGn',f G F DEC%,C /XCI., A,vO T//Fiv CD/`1r';aTF T//F //F/G/,rT T//F 4VIrKx LE[/EL Cr/vL��D IPEAC'/fOUT//SFr PWGC'EVC/,f E . BC/T &6-Cof I E 7 F /SEA& �i'L/,(/Of-F /J O/✓L;' , G/? cFJ /�'.�o T�'f p/IP/14X ,(: E /1T %y''///6:/1 /-T S, 77 r,,-T T//E- L EdEG tc- OUCIJ ,/OT crd Fi✓ ,NF.+ c1-1 774117- /,!!G/U . EVE.✓ / F Tr,-' T//N E OF Co/vOC4,17t'/fT/a/t✓ 67LIC A_ /y/v"f:F/; /,✓TF,vS:T RU,vp�- ) /T •Jr/LL GuGCILD /,,e)7- 'XoAC'h 7'//F %y r' L 6-dt li/,f7'f-,,! //aT k/iA/ 4rVf4k T/,'F OGITI/DF &)67C &IT Err T/.�.t'ot/G// ;f/� Ot'E////✓GJ IA, ro T//E .J-il t/D .b° . -C <iC</ /T G4vul-D de- To T//t loll /1�voT�/Eit w/fr mF ZaM'1116 , r //- /S "aw cF 6'1' rs olpE,v jAlcC oA S.33 to -r4. FT. 'Or4 /oo 5Q41,f CC- FEE r. T, z r /l AeC,,, .,-o f .�9" D/AMETEK catVEn'Tj !'ur J'fF44) i/- /�L/NN/N<-' /Ifc T/r�oll�/r orVE �y /%/,f,r F rE� O/�fviv c � it /f Go/,vG Tii�c' s - � �// /1 fF,C/ FJof 1/'l.ItC O/'E.�/�'✓� -f ulGiAlt Y T//ac,uCA' TirE /JFc k LE�1 C'or�l�:�crc o r/;�/✓ fo�c /r./ GT//FR L' C' y-C "J /I" /l e J o,�',� f 11AROCOl/EA CALCULAr/OA1S A. O-7S ' zoaE rorilt AfeA = `J700: Jf. Fr. 1. AW0,00JfO V4,fOCo9d*.f = O Jor, B 7S'- zSo 'zome /. 120rfz . AC4 = /J,' i'no'so. fs. 1 PAO/eJEp pA.tOco✓ER a. NAafe c 39so tJt. Fr. N 6, Orlv�.wy /oo0 1 Jj, F/. C 250 'r ZOA/C A iOrAl A464 x 1. PripreAf A'�.Icir�� O Jf, F/. WILLIAM M. KRUTZIG PROPERTY TRACT A, REGISTERED LAND SURVEY No. 565 HENNEPIN COUNTY, MINNESOTA ,'.'AROCO(IeA CALCUCAr.'OA/S' A, s " ZpMe l "O"orfD ,IREA = /� 700 fJf. Ff. .. 25e'+ newt 70-AC A�fEA �ySo� Jp,Fr. :. iioprol Nk/vor�r O Jf, i/. Date : January 9, 1985 Scale: I" = 30, o : Iron marker COFFIN & GRONBERG, INC. Engineers and Land Surveyors Long Lake, Minnesota ........... 77� .. . it 4-'�4 IJJ- i7i ... AU� 'Ilk Seamco `" Natural Stone is hard River -Rack shaped by years of Mother Nature's running waters. When Natural -Stone is com- bined with Seamco^" Stone Bond it gives a shiny, diamond -like finish — bringing out the Natural Beauty and Color of Natural Stone! jL. 7-:-T Eeamcu Galaxy Stone, Inc. River- Rock Epuq Sp, ciahsts --- - - - Pouf Decks Animal Planters 1139 Riverwood Dr Patios Flower Pots Burnsville. MN Walkway-, EG C r j 'Aarb!(- Fj jf,12i 894 DriveviaY!, CENlNCtl MEET* JAN 2 81985 TO: Mayor Butler Counci lmembers CITY OF OROM FROM: Jeanne A. Mabusth, Building & Zoning Administrator DATE: January 23, 1985 SUBJECT: Building & Zoning Department's Annual Report for the Year 1984 A) Building i General Permit Recap - Orono BUILDING PERMIT RECAP TYPE OF CONSTRUCTION 1984 1983 1982 Residential No. Valuation No. Valuation No. Valuation ___53 New Single $10,458,608*1 38 $7,565,tigoj 30 r�4,668,900 New Duplex 2 $ 248,231 4 $ 472,5661 0 -0- Additions/Remodeling 183 $ 2,348,708 1161 $1,400,8J4 162 $1,467,520 Accessory Bldgs. 84 $ 504,240 38 $ 287,9001 27 $ '�6,120 n s a_nnn ! e c 5.500I 15 $ 7,50n Demos Commercial New 1 $ 30,000 -0- 0 -0- Additions/Remodeling 11 $ 36,2.00 11 $ 21,320 5 S 13,900 Demos 0 $ -0- 1 $ 500 1 $ 50� Institutional New 0 $ -0- 1 0 -0- 1 $ 150,000 Additions 1 $ 3,500,000 0 -0- 0 -0- TOTAL 345 $17,133,987 !261 $9,754,180 241 $6,454,340 GENERAL PERMIT RECAP Type of Permit 1984 1983 1982 1981 Sewer Connections 29 24 43 44 Water Connections 19 21 10 11 Well Installations 61 48 45 47 Septic Installations/Repair 60 35 52 45 Plumbing Installations 118 79 67 77 Mechanical Installations 163 123 73 ion Others 48 43 53 52 TOTAL 498 373 343 376 residential units *New Residential Units: 61 = An increase of 15 new from 1983. Valuation increase of $2,P93,018.00 Page 2 B & Z Annual Report B) Contract Services Recap BUILDING PLAN REVIEWS & PERMITS - MINNETONKA BEACH Building Plan Reviews & Permit- 1984 1983 1982 No. Valuation Number Number Residential: New, Single 4 $ 635,000 1 0 Additions/Remodel 19 $ 308,200 24 16 Assessory Bldgs 3 $ 4,500 8 13 Demolitions 2 $ 5,500 0 0 Commercial: New 0 -0- 0 0 Addition/Remodel 1 $ 8,000 1 0 -------------------------------------------------------------------------- TOTAL 29 $ 961,200 34 29 General Permits (Plumbing & Heating) Inspections Completed Plumbing Mechanical 1984 = 11 12 Total Number of Inspections Completed: 1984 - 131 1983 - 43 1982 = 33 Total Inspection Fees Charged: 1984 = $1,030.64 1983 - $ 554.93 1982 - $ 543.33 Page 3 B & Z Annual Report BUILDING & GENERAL PERMIT RECAP - SPRING PARR Building Plan Reviews & Permits 1984 1983 No. Valuation �No. Residential: New, Single 0 -0- ( 1 New, Duplex 0 -0- 0 Addition/Remodel 19 $ 94,830 21 Assessory Buildings 3 $ 15,650 ( 10 Demolitions 1 $ 1,000 1 Apartments/Condos: New (35 units) 1 I $1,224,888.1) 1 (11 units (81 units) Additions/Rem 4 $ 536,085 1 %35 units) Assessory Bldgs 1 $ 17,000 0 Commercial: New 0 -0- 8 Additions/Remodel 12 $ 110,112 10 Demolitions 1 $ 2,000 3 Assessory Buildings 3 $ 5,300 Industrial: New 0 -0- 0 Additions 0 -0- 0 Institutional: Additions 0 -0- 0 -------------------------------------------------------------------------- Total 45 $2,006,865 56 General Permits for 1984 Plumbing = 22 Mechanical = 17 Number of Inspections Inspection/Plan Review Pees 1984 - 215 1984 = $2,427.98 1983 - 116 1983 = $3,676.01 Rage 4 B & Z Annual Report Permits Issued 1984 SEPTIC PROGRAM - YEARLY REPORT - PERMITS 1984 New Construction Systems (Corrm'l) 1 New Construction Systems (Residential) 38* Repairs to Existing Systems 21 TOTALS 60 Permits by Contractors Widmer Brothers 10 Sullivan's Services 9 E.J. Peterson Co. 8 Jerry Johnson Exc 7 Quickway Exc. 5 Gene Hayes Exc. 5 Volkenant. & Sons 4 Halstad Contracting 3 Quality Sewer & Watc: 2 Hoff Plumbing 2 Thompson Plumbing 1 Patnode Bros. 1 Nova -Frost, Inc. 1 Marty's Exc. 1 Rossing (owner) 1 TOTAL 60 Septic Inspection Program Maintenance Inspections for 1984 = 286 1983 0 21 14 35 *NOTE 58% increase in septic permits results from parallel increas iermits for new homes. Page B & Z Annual Report ZONING APPLICATIONS ZONING APPLICATIONS - RECAP 1984 1983 1982 Applic. Applic. Applic. Applic. Applic. App11C Filed Completed Filed Completed Filed Completed Subdivisions 22 20 23 20 19 18 New Lots (48) 35 (62) Variances 34 30 37 31 ; 27 22 Conditional Use Permits 18 17 21 10 8 1.1 Rezoning 1 1 5 2 1 0 Vacation 3 3 3 2 0 0 Other 4 8 5 14 1 2 ------------------------------------- TOTAL 82 --------------------------------------- 79 1P4 79 66 53 Recap - Revenue and Expenditures for the Building & Zoning Department REVENUE 1984 1983 1982 Building Permits $ 68,275 $ 44,612 $ 30,963 General Permits $ 25,277 $ 12,405 $ 7,121 Conditional Use/Variance & Division $ 13,509 $ 14,425 $ 6,915 Plan Review $ 33,033 $ 18,318 $ 12,852 Coop Agreement $ 6,664 $ 3,158 $ 514 Septic Fees $ 16,620 $ 15,485 $ 19,157 -------------------------------------------------------------------------- TOTAL $163,378 $108,403 S 77,525 Building & Zoning Dept. Percentage of Expenditures Supported by Revenues EXPENDITURES 1913•1 1983 $146,828 $134,451 ill% 81% 1982 $112,325 69% Page 6 B & Z Annual Report The most rewarding finding from the 1984 recap figures shows the department 100+ percent fee funded. This is the first time the Building & Zoning Department has operated on a 100 percent fee funded basis. The Building Department activity continues to grow as the interest rate stays at a moderate level. Although building in Orono has never reflected the ups and downs in our economy. All signs point to a continued increase in activity. Thy Hill Conference Center permit will. be matched in 1985 with many more S: permits for the larger homes proposed for our recent PRD's, new Hennepin �. Library facility and Student. [lousing Units for F.W.B.I. The Zoning Department revenuesdropped approximately $1,000although activities continued at the same level. This drop in revenue shall be remedied by our recent overall increase in land use application fees for 1985. This was the year for the rural PRD--we created 27 "residence pads". This may be the option or method for developing the Long Lake Sewer Pond. It is the intention of the City of Long Lake to develop the property in early 1985. The contract inspection services continue to grow-- Minnetonka Beach is up from 43 inppections in 1983 to 111 in 1984; Spring Park is up from 116 in 1983 to 215 in 1 �84. Revenues show a decline in 1984 receipts because there were less expensive and less complicated plan reviews. The septic: program has come a long way this year with almost 300 systems inspected and a follow-up program that resulted in speedy repairs of faulty systems. If building activity continues this year at the same intense pace, the department may consider releasing the f ield inspector (50% building, 50% septic from May through October) and contracting with a student at the University of Minnesota to carry on the septic inspection program for the months of June, July, and August. We will ask Council for direction in early May as soon as staff is able to determine the building permit level. COUNCIL MEETING JAN 2 81985 CITY OF ORONO TO: Mayor Butler Orono Council Members FROM: Jeanne A. Mabusth, Zoning Administrator DATE: January 23, 1985 SUBJECT: Proposed Amendment of Zoning Code - Second Draft As suggested greater clarity is provided by removing height limitations for fences in Subdivision 9 by reference and amending each appropriate section. I have also added additional language in Section 10.03 Subdivision 15(D) and Section 10.22 Subdivision 1. Mote "above existing grade" has been added when appropriate and height limitations for fences as non -encroachments or accessory structures in lakeshore yards. Staff agrees completely with Council that this process of amendment is awkward in the absence of a specific section for fences but the intent of the amendment has been satisfied. I have enclosed sections of codes from surrounding lakeshore cities for your review. Please note that the specific references (underlined) to fences constructed on lakeshore lots refer only to adjoining properties' views. ORDINANCE NUMBER 9, SECOND SERIES AN ORDINANCE AMENDING PERFORMANCE STANDARDS TO THE NON -ENCROACHMENT AND ACCESSORY STRUCTURE SECTIONS OF THE ORONO MUNICIPAL CODE The City Council of Orono Ordains As Follows: SECTION 1. Chapter 10 of the Municipal Code of Orono is hereby amended by amending Sections 10.03 Subdivision 15(C), (7), (E), (F) and 10.22 Subdivision 1 to read as follows: SECTION 10.03 Subdivision 15 Non -Encroachments C. Fences which do not exceed 3-1/2 feet in height, fences not over six feet in height along the street lot line of lake frontage lots which front on a major thoroughfare, if fi l l is required, the total combined height of both fence and fill shall not exceed b feet above the height of the crown of the road, terraces, steps, uncovered porches, stoops or similar structures, which do not extend above the height of the ground floor level of the principal building and extend to a distance of not less than two feet from any lot line. D. In side or rear yards only, bays not to exceed a depth of two feet nor to coW-ain an area of more than twenty square feet, fire escapes not to exceed a width of three feet, fences and walls not to exceed a height of six feet above existing grade and open off street parking ex,--ept for Lakeshore lots, no fence or wall o�:e �o Tty-two inch�u�ot in excess of seventy - two inches in heig above �e may belocate closer to the shoreline than the average distance from the shoreline of existing residence buildings on adjacent lots, such fences shall not be constructed within 75 feet of the shoreline. E. Rear yard only; balconies, breezeways, detached outdoor picnic shelters and recreational equipment except as regulated hereinafter; no accessory structure shall be closer than five feet from a rear lot line nor spa fence or wall constructed within a rear yard exceed a height of six feet above existiT,ig g r a e. F. Side yards only; no accessory structure shall be closer than ten feet from any side lot line nor shall a fe�or wall nstructed within a side yard exceed height of six feet above exis ITng gra e. SECTION 19.22. Regulations for One Family Lakeshore Resi- dential Districts. Subdivision 1. Lakeshore Set Back Regulations. The set back from the shoreline for lakeshore lots shall be at least 75 feet and no hui Iding, fence or wal 1 over fort two inches but not excess of seventy-two hes in height above existinrade may be locate closer to the shore ine than the average distance from the shoreline of existing residence buildings 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 28th day of January, 1985, by a vote of ayes and _ nays. Dorothy M. Nallin, City Clerk Mary C. Sutler, Mayor j� Section 1010:05 Subd. 31 EXCEL S 10 R Subd. 31. fence - Any unroofed partition, structure, wall gate or material erected as a dividing marker, barrier or lilt enclosure. Subd. 32. Floor Area - The sum of the gross horizontal areas of the several floors of a building including interior bal- conies, mezzanines, basements and :attached accessory buildings, but excepting that area primarily devoted to window display, s3iorage, fitting rooms, stairs, escal a tors, unenclosed porches, detached accessory buildings utilized for dead stor- age, heating and utility rooms, inside off-street parking or loading space. Measurements shall be made from the outside of exterior walls and to center or interior walls. Subd. 33. _Floor Area Ratio - The floor area of a building divided by the lo': area. Subd. 34. Garage, Private - A detached accessory building or portion of the principal building, including a carport, which is used primarily for storing passenger vehicles, trailers, tools and equipment, boats and recreational vehicles or one truck of gross weight net in excess of 7000 lbs. licensed gross weight. Subd. 35. Garage, Public - A public garage is a building used for the storage or care of power driven vehicles or where such vehicles are equipped for operation, repair or kept for storage, hire or sale. Subd. 36. Guest douse - Living quarters within an accessory structure for the use only of persons whose principal employ- ment is on the premises or guests of the occupants. Such quarters shall not be rented. Subd. 37. Guide Plan - A set of maps, documents, data, policy statements, goals, and standards on file with the Planning Commission. The Guide Plan shall also mean "Com- prehensive City Plan" or "city Plan." St. 38. Nome O cupation - Any gainful occupation con- d cted witiiinye dwelling solely by a resident thereof, provided that evidence of the - cupation is not visible or apparent frim the street or ad3oining properties; that no mechanic, equipment other than normally kept for domestic purposea may be used; that there is no retail sales of products produced off the site; and which use does not affect the charactor of the uses permitted in the district in which it is located. Subd. 39. 1lot e1 - A building containing eight (8) or more guest rooimi in which loaying is lrovided with or without meals for compensat.ion and which is open to transi-.•nt, permanent guests or hoth, and where no provision is made for cooking in any guest room, and in which ingress and egress to and from all rooms is made through an inside lobby or office. S11W. 40. Kennel, Animal - Any lot, building, structure, enclosure, premise or puce where three ( 3 ) or more of any single type of domestic animals, over fcur (4) months of age, are owned, boarded, bred, trainee or offered for salt.. Section 1015:30 }� Sulid. 3 (Cont'd ) if ) Fences, solid or open, not more that forty-two (42) inches high in front yards, and not more than seventy-two (72) i` nche_s +. high in other yards, vrovided, no fence r' `S a I unreasonably block thevie a oinin Pro-Perti Pro-Pertof a lake, :ark or other natural amenity. This provision shall not prevent the City Council from permitting variances as provided by this ordinance or requiring additional fencing where desirable. Section 1015:35 - Traffic Visibility - On corner lots in "ft" districts no structures or planting in excess of thirty (30) inches &bove the abutting curb line si•all be permitted within a trianclular area defined as follows: Beginning at the inter- section of the projected curb lines of two intersecting streets, or travelled way, thence thirty (30) feet along one curb line, thence diagonally to a point thirty (30) feet from the point of beginning on the other curb line, thence to the point of beginning. Section 1015:40 - Essential Services - Essential services shall be permitted as nuthorized and regulated by state law and ordinances of the City of Excelsior. Section•1015:45 - Land Reclamation - The reclamation of land by depositing material to elevate the grade shall be permitted in all districts only by conditional use permit. Any lot or parcel upon which one hundred (100) cubic yards or more of fill is to be deposited after the effective date of this ordinance shall be land reclamation. The permit'shall include as a condition thereof an existing grade survey, a finished grade survey and a plan with two (2) foot contour intervals or less* which will not adversely affect the adjacent land, and as conditions thereof shall regulate water run-o f, drainage, the type of fill permitted, program for rodent con- trol, fire control and general maintenance of the site, controls of vehicular ingress and egress, and for control of material dispersed from wind or hauling of material to or from the site. Section 1015:50 - Mining - The extraction and incidental pro- cessing of sand, gravel, or other material from the site in the amount of one hundred (100) cubic yards or mote and removal thereof from the site after the effective_ date of this Ordinance shall be mining. In all districts the conduct of mining shall be permitted only upon issuance of a conditional use permit. Such permit shall include, as a condition thereof, an existing grade 14 an and a finished grade plan which will not adversely affect the surrounding bind or the development of the site on which the mining is being conducted, and the route of trucks moving to and from the site. MOUND ORDINANCE NO. 465 AN ORDINANCE CHANGING THE FENCE ORDINANCE A14D ADDING ORDINANCE AS SECTION 23.415 OF THE CITY CODE ENTITLED "FENCES"; REPEALING CERTAIN CITY ORDINANCE SECTIO14S 23.407(6) AND 55.17 THE CITY OF MOU14D DOES ORDAIN: Section 23.415 is added to Chapter 23 and Sections 23.407(6) and 55.17 are repealed: 23.415 Fences Fencing shall be permitted in all zones subject to the following: (1) No person, firm or corporation shall erect, construct or place any fence without first making an application for and securing a building permit. The building official may require fence permit applicants to establish property boundary lines by a survey completed by a registered land sur- veyor. In all cases, the City of Mound shall not be liable for the establishment or definition of property lines. (2) Electric fences and barbed wire fences are prohibited except that barbed wire may be used in the commercial and industrial districts as an anti - vaulting measure on top of a fence which equals 6 feet in height. In such cases, barbed wire shall not exceed the height of 1 foot above the top of the fence. (3) All fences shall be constructed of durable, weather resistant materials and properly anchored. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair, danger or constitute a nuisance. Fences in a state of disrepair or deemed to be a nuisance may be abated by the City by proceedings taken under Minnesota Statutes, Chapter 429, and the cost of abatement, including administration expenses, may be levied as a special assessment against the property upon which the fence is located. (4) In resident;al and commercial districts, chain link fences and wooden fences, constructed from commercially available materials, shall be per- mitted. Wooden fences shall not be constructed from twigs, branches, doors, siding or other wooden products originally intended for other purposes. Wood and chain link fences shall be subject to the following restrictions: a. Front yard fences may be solid or open and shall not exceed forty- eight (48) inches in height. b. Rear and side yard fences located behind the front yard setback line may be solid or open and shall not exceed seventy-two (72) inches in height. C. Fences on or adjacent to the shore line of any navigable lake, channel or stream shall not exceed thirty-six (36) inches in height. Fences on or along that portion of a side lot line from a navigable lake, channel or stream to the near side of the average building construction line shall not exceed thirty-six (36) inches in height. d. Fence heights shall be measured from the adjoining natural ground. Fences installed on top of retaining walls shall be limited to a maximum of forty-two (42) inches in residential zones. e. All fenced areas shall be accessible through at least one gate having a minimum width of thirty-six (36) inches. f. All chain link fences shall have a top rail, barbed ends shall be placed at the bottom of the fence and posts shall be spaced at intervals not to exceed eight (8) feet. For wooden fences, post spacing shall not exceed eight (8) feet. g. If the material used in fence construction is not finished on both sides, the finished side of the material shall be on the outside facing the abutting property. (5) Chain link fences not exceeding ten (10) feet in height shall be per- mitted co enclose tennis courts. (6) Fences shall in noway detain or inhibit the flow of surface water drainage to and from abutting properties. r (7) Fences not exceeding seventy-two (72) inches in height may be con- structed a:ithout restriction on the interior of any lot or parcel, providing that no such fence or wall shall be closer than ten (10) feet to any common property line between abutting lots. An the case of is no suwall shall be l ed in a manner ar bloc or therwise adversely nLerfere with an adjoining property owner's lake view. (8) Fences shall be required around swimming pools in conformance with Section 23.604.4 (9) Repeal of Certain City Ordinances Sections 23.407(6) and 55.17. Mayor Attest: City Clerk Adopted by the City Council July 24, 1984 Publish in The Laker August 6, 1984 WAyzgr4 CHAPTER 812 - FENCE REGMATIONS 812.01. Definitions. a. "Fence" shall mean a partition, wall or gate erected as a dividing marker, visual or physical barrier, or enclosure. b. "Fence height" shall mean the distance from the adjacent finished grade to the highest projection of a fence structure, including support posts. c. "Corner lot" shall mean a lot located at the intersection of two streets or a lot bounded on two sides by a curving street, two chords of which form an angle of 120° or less measured on the lot side. d. 'Interior lot" shall mean any lot other than a corner lot. e. "Lot line" shall mean the property line boundary of a lot. Where any portion of a lot abuts or extends into a public right- of-way, the boundary of said right-of-way shall be considered the lot line. f. "Lot line, front" shall mean the boundary line of a lot ' abutting a street. On a corner lot the shortest street lot line shall be considered the front lot line. g. "Lot line(s), rear" shall mean the boundary line or lines of a lot most nearly parallel to and most remote from the front lot line. h. "Lot line, side' shall mean any boundary line of a lot which is neither • front lot line nor a rear lot line. 812.02. Permit required. Except as otherwise provided herein, no per- son shall erect, • ter or relocate any fence within the City without first having been issued a permit therefor. 812.03. Permit fee. The fee which shall be charged for a permit issued under this Chapter shall be Five Dollars ($5.00). 812.04. Application procedures. Each application for a permit under this Chapter shall be Pubmitted to the City Manager on forms provided by the City. Each such application shall include a site plan drawn to scale shoving the location of house(s), garages) and other improvements on the lot and the location of the fencing to be erected, altered or relocated. 812.05. General provisions. Fences shall be permitted in all zoning Cdistricts within the City, subject to the following general provisions and subject to such specific provisions of Sections 812.06 and 812.07 as shall apply: a. No fences shall be permitted on public rights -of -way. b. No fences over eight (8) feet in height from the adjacent finished grade shall be permitted, except that chain link fences up to ten (10) feet in height surrounding tennis courts may be approved by the City Council. c. All fences over forty-two (42) inches in height or located on or within three (3) feet of a property line shall require a permit under this Chapter. Said permit may be issued by the City Manager if all requirements of this Chapter have been met. d. That side of any fence considered to be its "face" (i.e., the finished side having no structural supports) bh211 face abutting property. e. Both sides of any fence shall be maintained in a responsible condition by its owner. f. Barbed wire fences shall be permitted only in outlying areas of the City where such fences are used to enclose pastures or farms of considerable acreage. All such fences shall require approval of the City Council, upon a showing that the fence is required for its intended purpose, and no such 'once shall exceed five (5) feet in height. g. No person shall construe nr maintain or allow to be constr-icted or maintained anywhere within the City any fence of metal construction which is charged by or connected with an electrical aystem. 812.06. Fences along property lines. Fences shall be permitted on or within three (3) feet of a property line subject to the following specific provisions: a. No physical damage of any kind shall occur to abutting property. b. In commercial and institutional districts fences shall not exceed a height of six (6) feet from the adjacent finished grade. C. In residential districta fences along front lot lines or along side lot lines in front of the rear building line of the principal structure shall not exceed forty-two (42) inches in height, and no more than fifty percent (50%) of any such fence shall be solid matter. 812-2 d. In residential districts fences along rear lot lines or along side lot lines in rear of the rear building line of the principal structure shall not exceed six (6) feet in height, except as otherwise regulated in subsection P12.06(e). e. Should the rear lot line of a lot in a residential district be common with the side lot line of an abutting lot, that portion of the rear lot l ,:e equal to the required front yard setback of the abutting lot shall be fenced in accordance with the provision - of subsection 812.06(c). f. Where a property line is not clearly defined, a certificate of survey may be required by the City Manager to establish said line. 812.07. Fences within required y,rds. Fences shall be permitted within required yard areas subject to the following specific provisions: a. In commercial and Institutional districts fences located within non -buildable setback areas shall not exceed a heigh, of six (6) feet from the adjacent finished grade. b. In residential districts fences located within front yard or side yard setback areas in front of the rear building line of the principal structure shall not exceed forty-two (42) inches In height, and no more than fifty percent (502) of any such fence shall be solid mattcr. JC. In residential districts fences located within side yard, rear yard or lakeshore setba s in rear of the rear building line of the principal structure shall not exceed six feet Sn height. d. Fences located within the buildable side yard or rear yard in rear of the rear building line of the principal structure shall not exceed eight (8) feet in height. 812.08. Apprals. a. 'Purpose. A modification or variance from the strict terms of this (',dpter may be permitted to provide relief on an Individual basis. The conditions controlling the consideration of such a modification shall be established by the provisions of this Section. b. Application procedure. An application for a modification shall be submitted to the City Manager, together with the required support- ing data and a statement indicating how the requested modification will meet the criteria used in evaluating such requests. A fee of Five Dollars ($5.00) shall accompany the application. Once such an application is complete, the Citv Manager shall schedule the request before the City Council. 812-3 C. Criteria for approval. The City Council may approve a modifica- tion upon a finding that the requested modification will meet each of the following criteria, although it shall not be required to do so: (1) There are exceptional or extraordinary circumstances or conditions anplyinp to the property and/or fence structure(s) In question, which circumstances or conditions do not apply generally to property and/or fence structures within the City. (2) Undet the circumstances of the particular situation the modification will not adversely affect the health, safety or general welfare of residents of the surrounding area or of the community as a whole. 817-4 COUNCIL IWEETMG JAN 2 81985 TO: Mayor Butler Counci lmembers CITY OF OROMO FROM: Jeanne A. Mabusth, Building & Zoning Administrator DATE: January 2:, 1985 SUBJECT: 11pdate report on Zoning Violations noted on property ,-rated at 3393 Crystal Bay Road The enclosed letter was delivered to Karl Johnson on Friday, January 18, 1985. I met with Johnson on the follow,.ng Monday to discuss his plan for resolving the violations. First, he is unable to attend the February 19, 1985, Planning Commission meeting because he will be on vacation. He will file the necessary land use application to seek approval for the storage of an oversized boat, filling, and constructing a retaining wall within 75' of the lakeshore for review by the Planning Commission at their March 18, 1985 meeting. Upon a site inspection, it appears that a small portion of the retaining wall is located within 75' of the lake. The bank that was altered is not in the protected area. Johnson claims the expanded parking area involved merely the placing of gi.-avel over existing grassed area and that a major portion of the "additional parking" area (specifically that portion where boat and truck are parked) was the bed of a driveway that served the residence on the south side. He has placed no plastic sheeti under the gravel. I will continue to keep Council posted on any changes or nea- information on this matter. CITY of ORONO !lust Office lion 66•Crystal Hay. Minnesota 55323• Municipal Wfic•es On the North Shore of Lake Minnetonka January 18, 19E5 Mr. Karl F. Johnson 3393 Crystal Say Road tia;-zata, W. 55391 Dear Mr. Johnson: At their meeting of January 14, 1985, the Orono City Council dirc!t, staff to advise you in writing -)f specific cn(le violations cit( against your residential pr7,per`1 located at 3393 Crystal Ha,, Foad : have also included each piizc.inent code section for your ir-vie 1. Section 10.60, S•. livision 13. Exterior Storage ;,,aesidential Districts. You store a boat over 20 feet in length less than 10 feet from your west side lot line and within your front/street yard. 2. Section 10.61, Subdivision 5(A). Setbacks for Parki;ig - Residontial Districts. You have installed a parking are;,i less than 10 feet from a side/interior lot line. 3. Section )".22, Subdivision 2. Lakeshore Hardcover Re ulat_ s. I. the act of creating the above referenced parking ar(: you erected a retaining wall and placed gravel within 75 feet. the lakcsrore of ',ake Minnetonka. 4. Section 10.0-, Subdivisions 19 & 20. Prohibition and Permit:;. The City of 0~-.,no requires a conditional use permit for the work you performed within 75 feet of the lakeshore. Please contact me no later than Tuesday, January 22, 1985, so ' '!.it wr can determine how you plan to resolve the violations noted can yo>>T property. If you plan •o s^ek variances and the req,tired conditional use permit rather th ., :. :nave the violations, you should plan to file a land use application w.:ch the City by Thursday, January 24, 19(�5, in order to meet the filinci deadline fog- the February 19, 19"U5, Planning Commission meeting. aa1^4,Aiu.1%,, 41 ,,, • 4t)N,%I%INA:tl1%AIV,A%tl A13;350. 0 j.,1u ^Wt, . Mr. Karl F. Johllbcn Page 2 January 18, 3985 Ir any event, I must report back to Ceun-11 at their January 28, 1985, m--.:ting regarding your decision. Please call cr arrange to meet with me so that I can review any questions you may have concerning the violations noted above or the procedures for filing a land use application. Sincerely, Cl • ftA "'.4A Jeanne A. Mabusth Building & Zoning Administrator ps HAND DELIVERED - JANUA' " 18, 1985 pc: 3393 Crystal Bay ad File /U COUNCIL MEEW TO: FROM: DATE: SUBJECT: Mayor Butler Councilmembers JAN 2 81285 CITY OF OROMO Jeanne A. Mabusth, Building & Zoning Administrator January 22, 1985 Interpretation of Section 10.60, Subdivision 13 - Exterior Storage in "R" Districts Subdivision 13. Exterior Storage in "R" Districts. In all "R" Districts, all mobile and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except boats and unoccupied trailers less than 20 feet in length, which are not stored for commercial purposes, if stored to the rear of the house and a distance of 10 feet or more from any property line. A Planning Commission member has suggested that the underlined section of the code allows the storage of boats over 20 feet in length if the boat is fully screened and not visible from adjoining properties. If Council concurs with this interpretation, the immediate necessity to amend the code is remcved. If this is a correct interpretation of the intent of the code, the ordinance would now more clearly reflect the boat storage habits of our residents. The code requi.,ss screening for all boats over 20 feet stored on a residence lot. If a boat is less than 20 feet, than screening is not required but special placement standards apply. A storage building or boat over 20 feet in length must meet the setback standards for all accessory structures. COUNCIL MEETING dr. Pe-4 M:... w-& 551/3 PA, ..• 61.2 - 6364600 January 22, 1985 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Mr. John Gerhardson Re: Willow Drive Old Crystal Bay Road File No. 13922 Dear John: JAN 2 81985 GunnR Ce4,. PF E. Neaff P L q w. fo,nr, P E. rOA C. A E. Roierr O. Se#rnhM. P f. bdJord A. Leer" P.E Memin L. Serweo, P.E. Rr Aerd E T.rwe. P.E. Domw C. ^WSW*. P. E he.r, c. o6on. P E Aw" A. eowdim. P E Mori A. Hems". P E Ted R. AW. P E i/k1bA T Rewnwnn. P E Rolla R. PJeffffk. P E a.../ O. Loehow. P £ Uwo, A EJCienn Lev +M P►wW P Heron M 06b U Ul � CITY OF 0��r;, The overlay project for Willow Drive will be rebid this spring after the vari- ances have been a»proved by Mn/DOT. If the City desires to complete the over- lay on Old Crystal Bay in 1985 it is recommended that the two projects be com- bined for bidding purposes. The City of Orono presently has $393,000 available in MSA street construction fund and it is estimated that these two projects will require approximately $300,000.00. The Old Crystal Bay road project would consist of ditch grading, shouldering culvert replacement and the overlay as discussed. If you have any questions, please contact this office. Yours very truly, BONESTR00, ROSENE, ANDERLIK b ASSOCIATES, INC. Glenn R. Cook GRC:mb 5577c COUNCIL MEETING ' R, .233.1 V. '1...: ApA_y 36 &. P..4 A..."& ssfm PA..- 611- 6364600 January 18, 1985 Aar i City of Orono Box 66 Crystal Bay, MN 55323 AttnL Mr. John Gerhardson Re: Navarre Force Main & Lift Station Sanitary Sewer Our File No. 13923 Dear John: JAN 2 81985 W. PIE "," Go CI Ir.rnr7dO' I. E.. _ M. P E Rohn W Rm~. P E Rich" W Emw. P E /a P4 C 4,.*, el P E Rohm G Sth—hi, P E A.dJ..s A l m1w1s. P! Monu 1 Sonsb. P. E Rw A.t1 E 1V"w . P t Low.d C RrtRetdr, P E hewn ( Ulwn, P E /tr.r A Rowdw. P E MIt, A H.eto.. P. E. ttd A lrld P E �� '-• `} 1 Rohn R i/t/1Mt. PE, 4 Do.d O. Let#ao. P E. CAabj A. EpwA, L kHwAm At Moo 1 � / Enclosed please find two (2) signed copies of the 3rd and final Request for Payment for the above referenced project. The project under -ran the revised contract amount by $4,029.58 or 3.8%. The principle reason for the under -run is minor variations in plan quantities. We recommend the City Council accept the project subject to the warranty provisions of the contract and make final payment in the amount of $8, 801.59 to B b D Contracting. If you have any questions, please contact this office. Yours very truly, BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. Harlan M. Olson HMO:mb Encl. 554)c Project: Navarre Force Main b Lift Station #7 San. S. Orono, Minnesota Contractor: B b D Contracting Contract Item PART I - FORCE MAIN 6" DIP force main Standard 4' diam. air release manhole w/1642B cstg. Cut 6" DIP into existing manholes Jack or auger 6" DIP P.E. Cut 6"DIP into existing 6" f•irce main C.I. fittings Mechanical trench compaction Common excavation Cl j 5 aggregate base AC-1 bitum. material for mixture 2331 bitum. base course mixture 2341 bitum. wearing course mixture Bituminous curb (Type "B") Remove bituminous surfacing Remove b replace CB or MH cstg. Cross under existing water main Cross existing water service Sod w/3" topsoil STATEMENT OF WORK Unit Unit Price Payment No: 3rd 5 Final File No: 13923 Date: Jan. 8, 1985 Est'd Quantity Amount Quantity To Date To Date L.F. $24.37 1,278 1,298 $31,63z.26 Ea. 1,746.22 1 1 1,746.22 Ea. 1,250.00 1 1 1,250.00 L.F. 77.50 170 170 13,175.00 Ea. 1,725.00 1 1 1,725.00 Lbs. 1.18 600 600 708.00 L.F. 1.25 1,278 1,298 1,622.50 C.Y. 2.98 750 776 2,312.48 T. 7.38 11090 358.65 2,646.84 T. 210.00 20 14.94 3,137.40 T. 19.95 250 15 299.25 T. 22.90 120 255 5,839.50 L.F. 5.25 450 491 2,577.75 S.Y. 5.25 1,250 1,238 6,499.50 Fa. 1,875.00 2 2 3,750.00 Ea. 445.00 2 2 890.00 Ea. 450.00 2 5 2,250.00 S.Y. 4.50 1,200 1,630 7,335.00 TOTAL PART I - FORCE MAIN..... $89,396.70 3826c Page I. REQUEST FOR PAYMENT' DATE: January 8, 1985 FOR PERIOD: PLACE: Orono, Minnesota From: Nov. 30, 1984To Dec. 31 .184 PROJECT: Navarre Force Main & LifL Station #7 - San. Sewer PROJECT NO.: FILE NO.: 13923 CONTRACTOR: B 5 D Contracting :,DDRESS: 6130 Sunset Drive Mound, Minnesota 55364 REQUEST FOR PAYMENT NO.: 3rd & Final SUMMARY: 1. Original Contract Amount 2. Change Order - ADDITION $ 2,800.00 3. Change Order - DEDUCTION $ 4. Revised Contract Amount 5. Value Completed to Date 6. Material on Hand 7. Amount Earned 8. Less Retainage 0 % 9. Sub -Total 10. Less Amount Paid Previously 11. AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: 3rd 6 Final OWNER APPROVAL: By By $ 102,926.28 $ 105,726.28 101,696.70 $ 0.00 $ 1012696.70 $ 0.00 $ 101,696.70 $ 92,895.11 $ 8,801.59 Approved By: BONESTROO, ROSENE, ANDERLIK h ASSOCIATES, INC. J Date: Approved By: B 6 D Contracting Contractor By 3826c Project: Navarre Force Main 6 Lift Station #7 San. S. Orono, Minnesota Contractor: B b D Contracting Contract Item PART II - LIFT STATION NO. 7 REVISIONS Lift Station No. 7 revisions CHANGE ORDER NO. 1 15" PVC Storm Sewer STATEMENT OF WORK Unit Unit Price Payment No: 3rd 6 Final File No: 13923 Date: Jan. 8, 1985 Est'd Quantity Amount Quantity To Date To Date L.S. $9,500.00 L.S. L.S. $9,500.00 TOTAL PART II -LIFT STATION 17 REV..... $9,500.00 L,F. $16.00 175 175 $2,800.00 TOTAL CHANGE ORDER NO. I...... $2,800.00 TOTAL PART I - FORCE MAIN $89,396.70 TOTAL PART II - LIFT STATION #7 REVISIONS 9,500.00 TOTAL CHANGE ORDER NO. 1 2,800.00 TOTAL WORK COMPLETED TO DATE...... $101,696.70 382hc Page 2. COUNCIL MEETING 2335 W. J...A o#VA..., S6 &. 40..4 AI—,Wor 55/13 PA&.&- 612.656-*600 January 21, 1985 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Mr. John Gerhardson Re: Request for Payment No. 2 1984 Seal Coat Project City of Orono File No. 13924 Dear John: JAN 2 81985 ode P E 0�r Opwr e, P E n/w (: . 'xoy.e. P.E , I Rob.( • 9m 0. P L R,rbrl W Eopn. P.£. J " /eu/A C Awdna1. P f R.Ar,t G srh.ntrM, P !- Rred/erI A. Lemberg, P L Merv. L sonele. P E XKA*4 E tr.,e.. P L th..W C' R.rgerdi, P E /e.rf C (Mio.. P E Jerry A Ro.rlo.. P L M.rt A Howw.. P E red A Flew. P E At~ r Rooe.m►... P L' Robert R P/d/e►4, P E. Dry✓U LaYao. P.E C6.rin A £warn. Lro M Pe.rbtr J f L�.� HerYs M oboe Enclosed please find Request for Payment No. 2 on the 1984 Seal Coat Project. We have reduced the retainage to 3 percent as the only work remaining is re- placement of the parch on McCulley Road. If you have any questions, please contact this office. Yours very truly, BONESTR00, ROSENE, ANDERLIK b ASSOCIATES, INC. 4�� 4 6-L Glenn R. Cook GRC:mb Encl. 5562c REQUEST FOR PAYMENT DATE: January 21, 1985 PLACE: Orono, Minnesota PROJECT: 1984 Seal Coat Project PROJECT NO.: FILE NO.: 13924 CONTRACTOR: Buffalo Bituminous, Inc. ADDRESS: Box 337 Buffalo, Minnesota 55313 REQUEST FOR PAYMENT NO.: 2 SUMMARY: 1. 2. 3. 4. 5. 6. 8. 9. 10. 11. Original Contract Amount Change Order - ADDITION $ Change Order - DEDUCTION $ Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retainage 3 2 Sub -Total Less Amount Paid Previously AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: 2 OWNER APPROVAL: By ` By Date: 264 3c FOR PERIOD: From: Oct. 16, 1984To Jan. 1, 1985 $ 67,422.00 $ 67,422.00 $ 71,427.78 $ 0.00 $ 71,427.78 $ 2,142.83 $ 69,284.95 $ 59,087.42 $ 1(.197.53 Approved By: BONESTROO, ROSENE, ANDERLIK 6 ASSOCIATES, INC. By: 2 C.s--,Z,- Approved By: Buffalo Bituminous, Inc. Contractor By: Project: 1984 Seal Coat Project Orono, Minnesota Contractor: Buffalo Bituminous, Inc. STATEMENT OF WORK Payment No: 2 File No: 13924 Date: Jan. 21, 1985 Unit Est'd Quantity Amount Contract Item Unit Price Quantity To Date To Date PART I - STREET SEAL COAT Bituminous material for seal Coat Gals. $0.90 35,000 38,500 $34,650.00 FA-2 seal coat aggregate in pl. T. 15.75 1,150 975.7 15,367.28 Salvaged seal coat aggregate in pl. T. 10.00 600 950 9,500.00 TOTAL PART I - STREET SEAL COAT..... $59,517.28 PART II - SEAL COAT - M.S.A.P. 152-104-02 Bituminous material for seal coat Gals. $0.90 4,700 5,170 $4,653.00 Seal coat aggregate (Trap Rock) T. 20.00 235 243.9 4,878.00 Bituminous material for patching T. 50.00 20 10 500.00 4" wide broken line, yellow paint L.F. 0.30 4,615 4,615 1,384.50 4" wide solid line, yellow paint L.F. 0.30 1,000 1,000 300.00 4" wide solid line, white paint L.F. 0.30 650 650 195.00 TOTAL PART IJ - MSA SEAL COAT..... $11,910.50 TOTAL PART I - STREET SEAL COAT TOTAL PART II - MSA SEAL COAT TOTAL WORK COMPLETED TO DATE....... $59,517.28 it oin cn 571,4Z7.7b 2643c k.?*N�X MEETING HENNEPIN DATE: January 22, 1985 JAN 2 81985 TO: Alberta M. Strom, Orono City Clerk`' r or, FROMDonald F. Monk, County Assessor' I. SUBJECT: 1985 Local Board of ReviE,, Date �IL 1 tiY � JAN 2 5 M5 1&� Thursday May 30 Day of the Month Minnesota Law requires that I, as County Assessor, set the date for your Local Board of Review meeting. After reviewing previous meeting days and your suggestions of last year, the above date was selected. I sincerely hope that it is agreeable with your council. As there must be a qucrom, I would suggest that an informal review of your members with a r .best that they mark their calendars would be appropriate. Please confirm ..-e date set out or call Tom May at 348-3046 with your alternate date by February 15, 1985, so that our printing order can be completed on time. OF OR01'4O We suggest starting times of 6-30, 7:00 or 7:30 p-r., but will discuss it with you if you wish a different time. Your early completion and return of the attached tear off strip will be appreciated and we will send your official notice for posting as required by law. CONFIRMATION Municipality: Date: Time: Place: C o nfirme Thy �- For selecting meeting dates in future years Lne following information will be helpful -- - - - . —. --- ----- _.... - - -- --- - COUNCIL IWEEMIG JAN 2 81985 TO: City Council CITY OF NOW FROM: Joan Lattin, Assiutant Finance Director DATE: December 31, 1984 SUuJECT: Building and Zoning Revenues and Expenditures - Five Year Recap The following is a five year recap of revenues and expenditures for the Building and Zoning Department. REVENUE 1984 1983 1982 1981 1980 Bldg Permits $ 68,275 $ 44,612 S 30,963 S 31,356 $ 21,889 General Permits 25,277 12,405 7,121 8,552 8,545 Cond Use, 13,509 14,425 6,915 7,970 7,249 Variance 6 Div Plan Checks 33,033 18,318 12,852 14,158 11,415 Coop Agreements 6,664 3,158 514 725 1,012 Septic Fees 16,620 15,485 _19,157 16,400 17,440 $163,378 $108,403 $ 77,522 $ 79,161 $ 67,550 EXPENDITURES 1984 _ 1983 1982 1981 19e0 B & Z Dept $146,828 $134,451 $112,325 $114,514 $111,935 The year 1984 we realized a 511 increase in revenue and a 6t increase in expenditures. This is the first time in the history of the City of Orono that the revenues exceeded the expenditures. This is due partially to the Earmit issued to the Spring Hill Center for $14,739 and seven permits issued for an average of $1,804 per permit. Conditional Use, Variances and Divisions are down by 71. Hemc, a85-06 JAN 2 81985 CITY OF ORO% TO: �: 1 ty Council FROM: Tom Kuehn, Finance Director DATE: January 24, 1985 SUBJECT: Wayzata Fire Agreement Extension - 1985 Or January 14, 1985, we recei vPd the extension of the agreement from Wayzata for the fire protection of that portion cf Orono served by Wayzata. We are to sign and return all copies. Wayzata wi 1 1 then-xec.ute and return two r-opies to us. The cost o+ to service for 1985 is $15,800 compared to the budget estimate for 1985 of $15,500. The increase of $309 is 1.9%. EXTENSION OF AGREEMENT The CITY OF WAYZATA and the CITY OF ORONO, on this day of 19_, do hereby agree to extend for another full year their previous Agreement, dated April 19, 1977, whereby Orono purchased from Wayzata fire protection services. In consideration of such extension, the parties hereto agree as follows: 1. The terms of said previous Agreement shall expire at one minute before midnight, December 31. 19_, unless further extended prior to that date by mutual agreement. 2. Orono shall pay to Wayzata the sum of $ 15,800 for fire protection rendered during this additional period, payment of which may be made on a quarterly basis. IN WITNESS WHEREOF, the parties hereto have executed this Extension of Agreement the day and year first above written. CITY OF WAYZATA By Mayor CITY OF ORONO By Mayor And And City Manager Clerk -Administrator Memo x85-of GJLIRML MEETING JAN 2 81985 Tot City Council CITY OF CFnMp dROM: Tom Kuehn, Finance Director DATE: January 24, 1985 SUBJECT: Amend Resolution No. 1714 Establishing Salaries for City Employees for 1985 Included within the 1985 salary resolution is the mileage reimbursement rate for use of employee's private cars for City business. This rate was set at $.23 per mile. We have recently been informed by our auditors that the Federal Tax Reform Act of 1984 has established the reimbursement rate at $.205 per mile. We have the alternative of leaving the reimbursement rate at $.23 per mile. However, if we do we must include the total reimbursements on the employee's W-2 and withhold income taxes. The employees affected would then be required to file a special form with their income tax returns to claim the expense reimbursement portion of $.205 per mile, to avoid paying income tax on the expense reimbursement portion. If we do not exceed the $.205 per mile rate we need not report the reimbursements at all. In order to simplify reporting requirements for the City and filing of tax returns for the employee, it is my recommendation to adjust the mileage reimbursement rate for City use of private cars on City business from $.23 per mile to $.205 Per mile effective January 28, 1985. 1 have enclosed a resolution amending Resolution 41714. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION AMENDING RESOLUTION NO. 1714 ESTABLISHING SALARIES FOR CITY EMPLOYEES FOR 1985 BE IT RRSOLVED by the City Counci 1 of the City of Orono, Minnesota that the mileage for City use of private cars on City b,isiness be reimbursed at $.205 per mile, effective January 28, 19Z'i. Adopted by the City Council of the City of Orono, Minnesot.,, AL A regular meeting held January 28, 1935. Mary C. Buflei, MeyO[ ATTEST: Ooi othy M. Hallin, Cfty Cle[k Memo #85-08 page 1 of 2 COUNCIL KERN TO: city council JAN281985 FROM: Tom Kuehn, Finance Director CITY OF 00940 Lorraine McGowan, Liquor Store Manager DATE: January 24, 1985 SUBJECT: Monthly Liquor Store Operating Report - December 1984 Attached is the monthly report for the December liquor store operations for 1982, 1983 and 1984. Sales for the major cat.gories 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 divided by the total customer count for the month to show an average sale per customer. To arrive at an estimated gross profit and net profit per month we have taken a five year average percentage for the fourth quarter of 1979 through 1983 and applied this to December of the current quarter. The actual percentages are used for the prior two years. Although using this procedure will not be completely accurate it should give reasonably close results. The attached monthly report reflects 1983 as the high sales year overall. Net sales for December 1984 are even with 1982 but are down $5,631 or 11.41 from 1983. Memo N85-08 page 2 of 2 MONTHLY LIQUOR STORE OPERATING REPORT 1982 1983 1984 DECEMBER Liquor Sales $17,466 $21,196 $19,037 Sales Count. 2,167 2,719 2,298 Avg Sale Price $ 8.06 $ 7.80 $ 8.63 Wine Sales $14,108 $15,309 $13,677 Sales Count 2,628 2,742 2,432 Avg Sale Price $ 5.37 $ 5.58 $ 5.63 Beer Sales $11,782 $12,717 $11,112 Sales Count 2,596 2,644 2,219 Avg Sale Price $ 4.54 $ 4.81 $ 5.61 Total Gross Sales $44,442 $50,333 $44,780 Total Customer Count 4,605 4,956 4,019 Avg Sale Per Customer $ 9.65 $ 10.16 $ 11.15 Net Sales $43,793 $49,445 $43,814 Gross Profit 1 .3923 .2995 .3077 Gross Profit TM S; $ fi TU-J � Monthly Expense 4 .2402 .2439 .2199 Monthly Expense $10_519 $12.960 $ 9,635 Net Profit $ 2,720 $ 2,749 $ 3,847 ....... ....... ....... Net Profit 4 on Sales .0621 .0556 .0978 ..... ..... ..... COUNCIL N[EET016 JAN 2 81985 DATE: January 24, 1985 w�I /any Of A1[e� TO: Orono City Council, Mayor Butler 1J FROM: Melvin Kilbo, Chief of Police SUBJECT: Corrected Memo I would like to call to your attention an error that was made in an earlier memo regarding the final pay for Officer John Pielow, whose last day of work was 12-31-84. Officer Pielow has used more vacation time than what was originally known. Two days of holiday pay had to be added, but the end result was approx. the same amount. Sorry for the error. lnten-oS6iee memo r.o. 84-111 DATE: Decembers 21, 1984 To: Mayon Bmaeh, City Coune.it, Finance DePanLnent FROM: Met K.itbo, Chie6 oS Police SUBJECT: Re6ignation-Finest pay, 066iceti John Pietow E66eetive Ja uaty 6, 1985, 066icen John Pietow has resigned to accept a position with the MinneapoW Police Department. His last day oS work wi.CC be 12-31-84. John has 70.7 hoau o6 vacalien aeenuat pay due h,m. John W no comp time due him. He is not etigibte bon any sick teave accnuat pay, thm6ore, the total pay due John in addition to hegutar paynott on the 16t1: o6 January ie 941.79 Son vacation accaued at his hourty hate 06 pay 06 513. 311. At6o, John ie etigibte to receive two days holiday pay. Hotiday pay ie 6igcted Decembers lat to Decembers 16t o6 each yeah. John is etigibte to heceive pay bon Christmas and New Years Day at his aegutar note o6 pay 06 $13.321 bon 16 houu. This wilt be added to I" 6inat payroll check. Total Pay due $1155.20. Ci:..:"IL MEE= City Of ORONO JAN 2 81985 RESOLUTION OF THE CITY COUNCIL GPE i OF ORM NO. RESOLUTION TO AMEND ORONO'S PERSONNEL POLICY REGARDING DEFINITION PROVISION OF BENEFITS FOR CONTRACT EMPLOYEES WHEREAS, the Orono City Council has determined it is in the best interests of the City to amend the City of Orono's administrative organization, also known as the City of Orono's personnel policy, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono adds Section VIII, H -- 'Contract Employee" means an employee who is appointed for a stated time period who shall not be eligible for any benefits from the City except those required by law or provided for in their contract of employment, and amends Section 5.A.C. shall read as follows: "Consultants, contract employees and others rendering temporary professional services." Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on January 28, 1985. Mary C. Butler, Mayor ATTEST: Dorothy M. Hallin, CityCity C erg k JAN 2 81985 TO: city Counc)1 ii4Y OF MINO FROM: Tom Kuehn, Finance Director DATE: January 24, 1985 SUBJECT: Amend Resolution No. 1109 Regarding Facsimile Signatures on City Checks The City does have the authority to use facsimile signatures, as provided in the Orono City Code, Sec 2.09, and in Resolution No. 1109 (copies enclosed). we have been using the facsimile signatures of the Mayor and City Administrator on all checks under $5,000.00, with the Treasurer (myself) or Deputy Treasurer (Joan Lattiui, supplying a hand signature. On all checks $5,990.00 or larger we have been using hand signatures for the Mayor or Deputy Mayor, City Administrator, Treasurer, or Deputy Teasurer. The replacement of the facsimile signature place is necessary whenever there is a change of Mayor or Administrator. The replacement takes several weeks and the use of the plate does not add to the security of the check writing process as we always require a hand signature. It is recommended that we eliminate the use of the facsimile plate and use one hand signature for all checks under $5,000.09 and three hand signatures for all checks of $5,000.00 or larger. i have enclosed a resolution to incorporate the changes mentioned above. City Of ORONO RESOLUTION OF THE CITY COUNCIL NO. e A RESOLUTION AMENDING RESOLUTION NO. 1109 AUTHORIZING THE CITY DEPOSITORIES TO ACCEPT MACHINE - SIGNED SIGNATURES ON CITY CHECKS, DRAFTS, AND OTHER ORDERS BE IT RESOLVED by the City Council of the City of Orono, Minnesota, that all designated depositories of the City are authorized and directed to honor checks, drafts, or other orders drawn in the name of the City when bearing the single hand written signatures of the Treasurer, Deputy Treasurer, or City Administrator if the instrument is for less than $5,000; and the hand written signatures of three of the following if the instument is for more than $5,899: Mayor or Acting Mayor, City Administrator, Treasurer, or Deputy Treasurer. Adopted by the City Council of t•a City of Orono, Minnesota at a reqular .meting held on January 28, 1985. -------------- Maiy .;. 9nC e[, Mayoi ATTF.0 T: Dorothy M. Neflin; City avid City of ORONO RESOLUTION OF THE CITY COUNCIL b" 1109 . .a; NO. y4 A RESOLUTION AMENDING RESOLUTION NO. 1085 AUTHORIZING THE CITY DEPOSITORIES TO ACCEPT MACHINE -SIGNED SIGNATURES ON CITY CHECKS, DRAFTS, AND OTHER ORDERS WHEREAS, the City of Orono does authorize the use of facsimile signatures of both the Mayor and City Administrator on all City checks, drafts and other orders less than $5,000.00; and WHEREAS, the City requires the use of hand signatures of both the Mayor or Acting Mayor and City Administrator on City checks, drafts or other orders in excess of $5,000.00; and WHEREAS, on all City checks, drafts and other orders the Treasurer, or Deputy Treasurer must affix a hand signature, NOW, THEREFORE, BE IT RESOLVED, that all designated depositories of the City of Orono are authorized and directed to honor checks, drafts or other orders for the payment of money drawn in the name of the City when bearing the facsimile signatures of both the Mayor and City Administrator and the hand-written signatures of the City Treasurer or Deputy Treasurer, if the instrument is for less than $5,000.00; and the hand-written signatures of three of the following if the instrument is drawn for more than $5,000.00 (Mayor or Acting Mayor, City Administrator, Treasurer, or Deputy Treasurer.) Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on January 15, 1960. William B. Van Nest, Mayor Walter B. Massengale, Acting .'favor At c.t: WalteC R: Rek/Adm in is irator PAGE I OF I S 2.07 prior to any regular Council meeting. Such request shall contain a general statement setting forth the administrative decision to be challenged by the appellant. At such hearing the appellant may present any evidence he deems pertinent to the appeal, but the City shall not be required to keep a verbatim record of the proceedings. The Mayor, or other officer presiding at the hearing, may, in the interest of justice or to comply with time requirements and on his own motion or the motion of the appellant, the City Clerk, or a member of the Council, adjourn the hearing to a more convenient time or place, but such time or place shall be fixed and determined before adjournment so as to avoid the necessity for formal notice of reconvening. SRC. 2.06. RULES OF PROCEDURE FOR APPEALS AND OTHER HEARINGS. The Council may adopt by resolution certain written rules of procedure to be followed in all administrative appeals and other hearings to be held before the Council or other bodies authorized to hold hearings and determine questions therein-.esented. Such rules of procedure shall be effective thirty (30) days after adoption and shall be for the purpose of establishing and maintaining order and decorum in the proceedings. SEC. 2.09. FACSIMILE SIGNATURES. The Mayor, City Clerk or Deputy City Clerk, and Treasurer or Deputy City Treasurer are hereby authorized to request a depository of City funds to honor an order for payment when such instrument bears a facsimile of his signature, and to charge the same to the account designated thereon or upon which it is drawn, as ef'ectively as though it were his manually written signature. Such authority is granted only for the purpose of permitting such officers an economy of time and effort. SEC. 2.10. INTERIM EMERGENCY SUCCESSION. Subd. 1. Purpose. Due to the existing possibility of a nuclear attack or a natural disaster requiring a declaration of a state of emergency, it is found urgent and necessary to insure the continuity of duly elected and lawful leadership of the City to provide for the continuity of the government and the emergency interim succession of key governmental officials by providing a method for temporary emergency appointments to their offices. Subd. 2. Successien to Local offices. In the event of a nuclear attack upon the United States or a natural disaster affect- ing the vicinity of the City, the Mayor, Council and City Clerk shall be forthwith notified by any one of said persons and by any means available to gather at the City Nall. In the event that safety or convenience dictate, an alternative place of meeting may be designated. Those gathered shall proceed as follows: A. By majority vote of those persons present, regardless of number, they shall elect a Chairman and Secretary to preside and keep minutes, respectively. ORONO CC 10 (4-1-04) WL4,31. MEETING BAH 2 a 1985 U; J£ O040 LIST OF LICENSES FOk COUNCIL APPROVAL FOR MEETING OF January 28, 1985 Kennel License: George W. Ronald 2480 Old Beach Road Wayzata, MN 55391 Cigarette License: Jimmie s Lounge 3380 Shoreline Drive Keaveny's Navarre Drug 3425 Shoreline Drive Little Oak Food Market 2160 Wayzata Boulevard Martin's 66 3340 Shoreline Drive Minnetonka Fishing Center, Inc. 3554 Shoreline Drive Navarre Amoco 3360 Shoreline Drive Navarre Lanes 3435 Shoreline Drive Orono Golf Course 265 Orono Orchard Road South Orono Shopping Center 2160 Wayzata Boulevard Paul's Landing 1955 Shoreline Drive Spring Hill Center 725 Sixth Avenue North Tyra's Super Valu 3333 Shoreline Drive Wayzata Country Club 200 Wayzata Boulevard Solicitation License: Diacount Flowers Alan Penka Route 2, Box 223 Coketo. MN 55121 `L`!TY OF Mon P.O. BOX 66 CRYSTAL BAY, MN 55321 473-7357 KENNEL L (MUSE APPLICATION lf,697� AU questiona must be anaweaed. Lieeme bee must accompany apptication. AU appttcattons are aubject to appAovat by the City CouncU. 1. Owner's Name _X� t 'et". 2. Property Address .2ys'o e1(.-e jey 3. Mailing Address (if different) jjr. Ta/ 4. Phone (fTome) y70 'f'(r (Work) S. COMMERCIAL Kennel License Information a) Name of business b) Business activities (check) boarding veterinary care training breeding retail/wholesale sales grooming other (specify) c) Normal business hours: Saturdays AM to d) After hours contact: weekdays AM to PM PN Sunays/holidays AM to PM Name Telephone e) Dog runs/exercise areas are: inside outside both 6. RESIDENTIAL Kennel Licen=e Information a) Maximum number of degF .over 6 mo's old) to be kept at any one time j q. b) Principal breed(s): ✓.� LtC17 c) Purpose of keeping more than I dogs d) Dogs normally kept: ✓ inside home separate kennel structure i e f. f f f f f f i f f i f f.. * ....11f 1..... f.f1f1f 1.*... * . . . . . . . f... l.fff lflffflff. flf!• The undersigned hcleby mrbes apptication to the 04ono City Council boa a Kennel License as speca$aed oil this ,form; the undetsigned acknowtedges that a kennet Ucenae is peAmi:saave caty old Aoea not ylant oily authouty to vt^late any paoviAton o6 any City 04dinance oA other Lue 01 tej7 Canon; the undetaigned hereby g.tants the City pesmiaaion to inspect the 0 c,%Oes PAiu.t to ttcense applovat and at any other Aeasonabte time dating the Ucenae duration; and the undetstgned agieta to abide by the Aequinements o6 Nunin pat Code Chapters 67 oictuding any speciat conditions imposed by the City Council aA pant o% any kennel ticenae applovat. KIND OF LICENSE Commercial Kennel License $100.00/year _ ✓ Residential Kennel License S 25.00/year feetlutd 'M/ST �1.p��._ Ll_ //s / B� 41 t � %1 I �� nt -- - Data --- ........... ....•..............................................................J` bnMl m.N<lN .I ✓/� .OIL• MN /-/Q AIMMMIL- Licen§g No. of —QOet r , APPLICATION FOR SOLICITATION-4620.00 fee -I Date Received — Date Expires CITY OF ORONO 1335 BROWN ROAD SOUTH BOX 66 CRYSTAL BAY, MN 55323 / Organizati �1lr a �.1 1 i RY( s w ro ti Phone v2 Address: -� 7 , (x Oa.7 l� ark', n Representative: _1 (�s �. �,.kc Phone gi / Address: �),. Check One: Business Solicitation 'Y,_ Contribution Solicitation Number of People Solicitating within the City 2— Provide list of Names of Solicitors on back of this application. Type of Product to be solicited r Lli—/e W e,r j PERMIT EXPIRES 60 DAYS FROM APPROVAL DATE. POLICE CHIEF SHALL 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 solicitatir„ 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 refuse to leave business premises when requested by the owner, leases, or person in charge thereof. E. It is unlawful for any person to engage in contribution solicitation without completion 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 rquirements the City staff may have. Signature of Applicant: � r ________Date:__L? _______________________________________________ +"'Y__ TOR CITY USE ONLY: After review of applicai ion, s aff recommends the fol lowing: Approval of application Den if a plication I / S_gnature of City Official: ='7 Date: Signature of Police Chief: Date: ::TT .F 31 2511.o5 1591.64 B 3374:'7 1567.43 4 Yd 7.IEY 51 1753:-! r. 16410 5:.4Lc 0- 16•t1" 52.)3 a%: 4:RH4J5 J1 42 2?34.36 1137. 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GF rS-4221-SGS-92 MGYrl .1121n5 1.2% L I I[•r:c:t UrtL in NMr SUP 73-4216-569-92 M6212 311231-5 .•-S a I N Wv[0ef MIT eLOGISNO1 71-6343-119.91 3662/l ^,14JI+S 1t.33 O a 1 SPv:Ci MparNf Gp I4N221-590-93 _ u1.ro . / f'•�"•'^ erStood :xca REGISTER t=a a DVO.ntt'i44 wmm �',CxCCN c[n tl0. fAiL ITENDCSC6Ie3[NN ACCOUNT -.INS AS • ( " 316516 OI/21/e5 104.99 NC11 CRT SICKIF D-r JAIL CODES 01-4378-OSO-16 - � ••«CNS L ( ou.. S165e1 61/2318% 139.94 F A 9 4ENrALS U11LITICS 11-4314•S/S-90 N 109.e6 3164C1 C1/25/AS 161.13 L403t 4l L1II3IS ASSN ormc11 CONSULT Obtlne•020-11 111.13 . / ur tFi ' 1e NSS 01/2S/e3 2S9.2r L00I1 AONIN SCNY-DEC 01-4352-069-1S 1 110455 Ot/23145 /59.28 L30[1 DATA YFOC•DCC 01.43S1-369.11 10641S 11/25143 1e.34 L5091 434/4 SE9Y.OEC 72-t S52.549-91 1 ' SISA$$ '1I/23/51 14.14 List; DATA -ROC-OEC 17-451S•S49.91 314451 51/29/85 rl.10 L11I3 AONtN SE41.000 1I-4312-569-92 3$6431 31/21/es 12.61 List 1 DATA-Roe-OEC 1S.43$5-569-12 • 1,210.41 . cm, 1IN1s :1123/55 2f.V r21s fATO.1 C0 NIT -TSC EQUI ci-1192-249•12 24.33 . 1 bes J9 Uf/23/4i 41.:3 YI )!9! it IYIf, OFF SUPPLIES 01.1210.129.51 1 41.`) . SAW, rv21/es 325.1) CT TT OF N:"I4: atSTA FREE o159 )1-1311-tw-42 SN.:O «..MS leef )6 .11113,45 1.49 ::4 OF O4 ONl T- SU9-LIci 6I.4210-020.11 196556 it 1231KI 4.22 C!TT O1 04313 OFF SU9NL:t5 .1.4231-099.12 IAAs36 11/23/0 7./3 C•TS a 41441 4JDF1/rEN Too TCLS 71-4249-3s9. 12 3s6156 .1/2l/61 f.re C!TI 0• 01)NO rOSTADe 11-4321-339.12 166136 0/23/e1 S6.11 CT tT Y 0131D -3SIAOE 11 -4 121 ne1-33 milli :1 ?II is 6.11 CIT1 0. 0.343 -4e C1-4 Is 1.I".11 306516 1/2 t161 2.3 C:11 a 04011 -.9 -: se1•z 19-42 if of l\ .�/;1/15 1.12 C1tT 11 0"11 ITS EV )"-4542-040.13 16.46 e.... ••••CF5 1 1A6113 :1/23/e5 Adp NJ9HT :Y1 4OL4C1 \iE Nr 01 RECOO C1-a 51a.i20-11 L N - 1924 CITY OF ONOMO CNECR_r10•. DATE .----_--_--1NOUNI.----- • 366543 01/25/95 13.21 S1,6543 - _-01123/I1 -- - - 1.42 356513 01/25/81 5.09 3e6545 01/23/61 0.30 ' 366543 91/23/97__-_.. 5.62 - 3$6143 01/23/93 61.25 J66543 at 123145 13.74 S66141 O1/23/15 3%.13 )4543 01/23/es S.13 366543 01/23/81 11.50 %6543 91/23/15 11.30- J16S43 0//23/13 11.30 Je6361 01/21/65 11.91 3e6543 OMS/55 33.17 k4sts lW23/45 4.03 206. FS . ee655v Ol/21/17 207.79 %5559 tst.09 361. 3I f6661I JI/23111 146.14 146 J4 fe06 nU Ct/25191 .4.3; 14.;I see rn2 31/23/IS St. 33 sT.^o 51e71. 1/23/65 SFS.65 SiS.65 366035 -1/23,65 iT. 9e 2F00 . ...... b 6a11 11/231 AS t,aSt. 7 • 356 Sot :11251 A! 1.1 S1 .6 F. S16012 Ji 1131 A 1.41, S. .151.67 :eca Mnlsru .. a/ 1f-i� PoS;�ws' „� ITCH DESCRIPTION..__. ACCOUNT N0. _INN. f P.D. /iS �.!•. , MWP4f INS AGE N:I AGENT OF SECOND 01-4370-030.12 , MURRAY INS AGENCY _ AGENT OF RECOM0 07-4771.040-17 NUNPNf INS ASEV:T AGENT OF RECORD 01-4371.079.14 ' PURPNI INS AGENCY A]C MI Of RECORD Ot-4379.069-15 6 NUAP49 1NS NC1:I AGENT OF RECORD 01-45?9-399.12 RUMPAY IRA AGENCY AGENT OF RECORD 01-4329.12A31 -_- -- RURPt1 143 AGEV:T AGENT Of MECWD 01-4379-174.33 I NURPNI INS AGENCY AGENT OF RCCONO 01-4579.149-42 PURP4f 143 AGEI:I AGENT IF RECO•O 01-43 T9.290.61 - - HURPPII INS AGENCY 44ENT OF PECOAD rl-4)7bSI S.90 1 MUR" INS AGCICT AGENT OF .f COR^ /1-4329-190-97 RURPNI INS ASE NCI AGENT OF RECO•O F1-4-3?hSW93 .. NUMP/Y INS AGEI:1 AGENT IF RECO40 rt-43 J9.5 As. 91 i NUMP41 INS AGENCY AGENT OF RECO.O r7-3P9.369.91 MURPN INS AGEICT AGENT OF RCCORO 14-4119.590-93 f ...as 1 Rro UTILITIES 71d324-5I5•90 •:fD UTILITIES 73-4374-SN.9i ••.•CRf G +.OTO \C TI Mf Off $'1D ]L 4210-12♦-71 • •.SCR! n RLII •I]:PE9IING •V: 9L]S/Qi5 /4-U4)-T90.q f ..•-ENS . I I NC f(511149 VU R(YG 4" 01-6221-129.71 0 •..-CK Is .n:I]NIS J4LIR:TEO HEART% a2R 01-4221-119.71 C OPVIRG L:TCS INC E4UEP RENTAL ]1-47. i-2a1.42 A ...Cgs Y NAYZATa-CITE OF SISTER 439R T7-4310"4"l N424f4-C91T 01 110EM GOWT F2-4119.S49.91 AA Nl Y1A14.CITI OF 14YER 2091 11 y;-I OAT[ .KOUMT (_C0[CA_NO. k... •* ..___. _. _ Oi 1 •• 32S S.L. ...._ T2.t1 T2.45 Q f 16O1611 0111316% 6.601.5r 3,301.59 . T ...... +o.vsr.Ai A.07 1"• v 21 n0 �l:e:ts 1 .61 NT. 1.704 CR 1Cf •NI 27.954.11 CHECK A[itsr_Ror-ze-es Pei[ L r 1:4301• _ - [TER_OESCGIPTIM ACCOUNT NO. Mv. A P.O. A MESSAGE C VESTOY[A CON SCRr JOIYr MCC MGG - 01-4357-290.O1 e A 2 CONTIACTING I N UTIL CORST 41.4131-411-OC IVIO ^+ TOTAL GENERAL FUN0 rU10 21 TOTAt RO'I It STATE AID Cims CUR CU10 41 TOTAL PEA" TAPA ONE RCIRNTNG r N10 71 TOTAL LtSUOR OPERATING PU10 rU10 T2 TOTAL OATCR OPERATING P'PIO PUNS TI TOTAL SEVER OPERATING CVNO CU10 TA TOTAL 00.E :WAGE OPERATING r0 TOTAL •••-CKS ..-CKS -1t7 - }' 1 1991 CITY OF OR"O CN'C[ REGISTER V' (f 2t-tf ►etL 7"c .CNE:R NO. DATE _ IRJU Vi _ _ 92MOO4 _ IIER_ 0Lf0S1)IIWL__ -PC C0941 NO.. I%V I P.O._I -US %A Ai f 02•Ji9 JJ Rt/BS 25. 12 WRLCAN 04t4 RRT SLOCIOROS T1-tla S•SiS•90 { � 21,52 .....• ••—LRf C 51.55 - �- NCIIL:aM PE[)Y :TR PRO/PURL 01-4322.129-31 51.55 _ 02tJ91 01/24195 I15•4s BJYCVES BL2 SUPPLY rP PURCR it-t Rit-Slf•90 175.{S • � uu. • . ••-CR1 02/^97 01/24/35 48e.31 Cl•If)L C[fY ]21T LIME PURCP 71.44f 3.111.90 Q 021797 01/14/41 lt.)3 Ca P!T)L CIII NST BCER PUNCH 71•H20-S1S••J $17.31 ( 02 t/2{ Cl/24/RS 131.51 CYa :]Lt IC43!% r:A PJRC• 1+•tt M•SiS•N t 111.55 . 4Yt]SB 01/24097 Si.]^ C101-at .IR :YS :) LaL41 IVI '-a111-12e-31 r U28130 0 11416S 1S.'3 CIL W!aL .IRt 74; :J Pa l+T !1, '1-4151.129-31 at,'u 029131 C11W.s UT•'] C)+R":ILL BUS VLT J44ttOR SCR9 •1 •afar-J99•V 9e6131 01/24/4S IM 4O C14414:La. BUG R1' J114tTOR S2•Y 't.4369-121.3/ $11.12 ..•••• u«CRf Oie ttt 'Vta/14 G.`: C]LT') 0711 C142 ]CAIMT :+-I SSe•IIM S1 0241#3 '1/14/55 •4i,•3 CA ): 3 T+: fUii•s CJ .-LA •V%:w ry •{91S-S11-rJ J2I1e3 t1J14n5 It."- Olt ):)IR39Uf:Yi ^.) 'IT ttl lt-{tle-S1f•90 (� 'u2eti3 9/faro; ta, NY )p tPiiJI W6 [1 +11 PJRCP 11-N20•f/fA0 U •. 1S . , ••••.. ..P.CR4 NN77 O1/2a1RS '125.:0 O+t Ot• •N'•O a 4T9 RYT •LOOt9ROS la-4 14}frp.93 a Ntl :1/ta/r5 1.521. I •a ST SIBS JVV'U:E vC• •vU 11-H+S. fI}9C .P ttei Jt/2u 94 ... 1131 ]!)C SC9CsiOC 1:T 4:7 n-aqe-Sl S-p 14 M a tx Merle -� .. CHECK USISTER - Ot-z S.GS PAGE 0. ' CNICN �Y •.Jy.S....i.�... A■ MOUNT _. 911 .._ --�. t _ _.. +a N44_l..-�T-.-- ITEM OCSCAIP,i ON. ACCOUNT Ho. „ I . P.O. ._II(ssaE(_- ` PINT. c r. 1.zn.to • � p.__�urw4___ctitlsf___ ____ s.»+.•o .aLr . Er;:glog ssEss sca vl.uvi•osala - .. 1 Oi1711 N1/i1gS 1:7 07LO11 va.'-C.:c O94P/SCY03u pr.•sss.S:a sS 1 ."I PAPA.. A.«en e Ot@N 01/za/AS 11a.IS J1:G:S SC:1 1::T SEEN POACH It-4317.E1"0 - a OteN• 91/i1I s7 1.21- SIloos +cEl o:sr Sot act PL4e16.515-90 1 P PAPA.. NN«CNe a JLxrr .1/z4/RS s/,IS 1'3 1 Y::.fY CAR: YEALfY ;V- ^1.0 st-Jfb 1S r MIT? 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JI.29/ ..t /i•ns •17.'J 4:41 Err :.IEAS .IA: JJNr/ICYGILI :I.ISS6-129.31 PAPA.. ...Cgs otsJGl 1/14/e5 4..11 UAC Ns•nN •:Lr.A.E -•-afn. na.ss a . r.'.I oas P 1.6361 01114rSS 1.15'.:1 9 1 s tlNitL; S-GR; 4!1T [, •1-•'fl-Ns-9J 9 t u«Cgs I P- N{ea.a !9/U/N 11 .-R •r• •t[[. uRt G/'UGL C1.a Ir I-RU•11 It.,9 . , PAPA.. ..«cgs azQtl 11/ta/nS P.s^ L[AGlT IF SV :;r:[[ l}GRf/rP:CJ3::: ]I-•NC-H9.tr r C A nsc Ives ctrr or 040K0 CHECK 4[BtfT!B 01.2W3�nPA _:YCC6 K0. 041E _._ 41OUK1. __�.__. v E 9oo.�_ _ IJEM OESCKV.710B __AC000rtJ10..111rtitf, 029423 11I24/e3 13.15 LEAOJC OF 44 CITIES BOOKS/PERIWICLf 01-4240-019-iS 028,23 _ _. jo 1/24/85 _ 13.30. L:AgJE 21 YM aS1Ef SOOKSIPCKIOOCLf 67�42 L0-ltY-H U"23 1I/241Ks 17.r1 LEAeJE 3- 44 CITIES __ 9WK3IPC 4f 001CLf 71.♦240-121. 11 - _ �- — 0re4i] Cl/ts/91 1),IS LEABJE OP 1M :I1IES 900 Kf 1 PEI:001 CLs 0/-4240-1/4-33 _..._ ---------------.e4.•1 W5411 - 11,11,85 - - 151.33 LMIS SERv:CE AWE "IsO 01-4340-J39.12 OIW415 0112.115 112.39 UOIS ;:4v:cc lot; MPISO C1-4340-124.3s 704111 01/241R5 4.300.13 tolls L3614 CLASS :2-19Ss 01-43SM069-ts 020415 C1124/es 120.19 L'KI3 S-EC 4SS-%-PBK1 4Ev 11-4310-049•I3 028415 e1124/85 102.Ig 0611 -PEC ASSESS Kim? 4Ev 72.4599-149.91 0I94511 ".1 /z UeS It5.10 LW; 3-EC 1S1Ess-K)KT IEv H-U 99.S 19. 92 4.716.36 . OA bO .1R4/e7 114/4.9) .1.K v:i :4E; B£:4 -UICY >1-4l11-511. 0� 7194e0 11/24/e1 1;,•r. 41-9 v:: ;AL:E Bet +:t 11.1416.511.91 1.444.12 . - .. u.. ... Cgs C tl UJ )1 N4/t5 1.:3 RIM 4V4 434T 4JSO -149tls.1p ••a1•)-)19-11 1.:3 025V3 `•1141•1 11.531.41 -'TR) A3rr ]Ov,A0L -GC PCB 05 11.1 M. J-^c 11,551.41 ...,.. ....Cgs c24.v/ :vr4/es H."J -M :1.1 --,1, ...... ..—Cgs "Iss? :1124/43 C.:' -5 0)Lv "VAS' Sl=' KCq:AIK:s 14-4110.190.v3 'tAri4 1/14181 2J.', -5 K1"0C •st :LO C-P"•3w24 -1.4110.129. f1 - 029521 )1/14111 17.>, P•vS-sKTA SUR vCJS P4T61-UNLlCT4. 11.4111-320.11 ...... ....CKI Ol A3f /1/24/v) 11.112.46 C:11 JP K)JKO FIRE ;C4v ICE :1-411r./12-3. k � • Y , 69 ! TS ]-/ .�., CNCCR ACC OTCR r O1Q6-65 pals 1 4. �. -• ITEM OCSCRPTIOM ¢COUNT 40._"V. eJ•Or. RACASAK _ 41 II.112.46 . 11.49 _ C:TT 0• o1olo I00KS1ICRINCLS Ile 01/24/61 4•St CITY If 641M0 -GSTASC 01-4311-129-11 �+ �B716 J1/24/81_ 1.1S C!TT Of 01o90 MKR 71-4361-129-31 ilf?"IS -- .90 - _ CITT if 040110 IK6 Ot.4341-176.31 n •i Yyl6 01/24/45 .30 C711 7• 41040 -ISTSOC r2.4111-349.91 021516 01/24/SS 1.S0 CITT OF 01010 RoSTiOC FI.4521.169-92 1 .-Cal ..u.e ^ Ot1R9 01/24,S1 961.11 V. UTILTTI" 11.4525.249.42 96301 • ...•CKS UalI/0 C'IIZ4115 1907 N16TisESTitM 6111 +ELCIMONt 11.4510-249-62 • 329570 :1/24/41 $1.14 NMI-BESTEIM BILL TELSP•eNC rl-4329-11"I J29s10 JI/14199 IT.-) 47•T4BESTELN BILL s2aERTIS:46 11.H11411-90 22asrO :1/a4f SS 27.12 174T4aESTCIM SELL TCLE6M14E ri.a 1E0. Sa9.91 • O1s S/0 a K6/SS Y.11 4)4T443ST:%M BILL TELE9B7BI_ 11.4113.569.91 • ••••2R1 ....6. J1619/ 11124181 11•.51 9fa1 •al t1/)1146-1111 -1.4141.719.12 • 715597 71/24141 %.It f.+i •Ell lW11-4-IBI1 11.414t.240•I3 0/SS9r :1/24185 1.•• arvi •C14 11131144.1113 11.4441-719.14 !2159/ •1124/45 175.:6 1711 arli 12/11f64.1111 CI.4141.069-I5 Eti Nr 1/24141 16.11 aC., •N4 It/SI114-1111 :1-tt11-HP11 "A79i JI/t1/lS t.r`6.91 eni srH I1111/44-111t Y-a1V-t 11•if 02e Svt ^t/14/4S Is.•1 ar 11 •C4-4 1211101 -11t1 31-1141.111.1t Valor J1/14fas 166." 1E.a •Eii 11f11/4b1/17 "1-1111.411.11 01659r :1/7U 9j 195.16 seai sytl 121511.4.1/11 '1.411]-i46-31 MINI 11/24/11 144.1. 1E9a .r U 1t/11194.1111 ".4141-Irt-11 • C2659r "Ifal/H 715.19 sr.a -IA 12/51184-9115 -1.at4P749.42 016591 .I/14/R7 2205 eCy ^1 12,11,64.1115 -t-4••61-t90.61 :2459r 21/24/11 trt.11 .-A f_al 11 !1114-1/t1 11.4141-511.90 11059r .1/24145 15.41 ., ,,, ..a7 11, 11114. 1111 rf.4141-549-91 01659? ;1124/1! 141.14 ..y +jai 1IN1444-I111 71-4141-169-91 01419/ .1/E4185 ST.•f v;,4 •-al lZ/11/1a-1/1S 14.4141-590.95 1.11l.11 . a ..,.+• ..•.CKS 024611 EIRNl1 111.E1 f-att al\/Il% 91Li .p a1,1C. 11-4/17-S/S-9: ..^as • 02962, of/t41es 1.9E IJ9q u' O:IT ;TIAE 3v160-. ft-4110-SitAC Ctas24 A124/4s 1.119.15 .)W.. :It B:E• ,U9C- r..HM•1H." Otsla, 71124001 4.•0• 179.itt O:.T f:f .;i )!.4410-111. Be • •.619.•S r rc o- n. 1. yrt ]T{le��Ad� %;',9•. � l �j?; 6i . • : NiJ , , ;..', 1053 CIT, of ama .�; CRICK RESISTER -- oMtau na' S'.k..! - ___ONCC4_00. LATE _ _Amu""- vEN00.1 ITLN_KiQ1riE0N._,-_ACCO11113.40.. INV. Li. D. C-IICSSRK____ ____ _ _- _--_. 0P9s21 OIR4/95 a?.♦0 P•T9 E1 10.E3 NNT OFF CSUIP 01-4340.359.11 ! O:es I _ 01/94/a5 11.40 PtT4E1 101IS .NT OFF :QUIP 01-4 340-359.94 02 p O1l/2/t e3 21 NT OFF w I. Ot.a 340-O9-15 _ • t21 /A/ C5 12.a ]f0 11Of91 f Si Air OFF OUI. 11-43A.1?4.33 l 02 v{21 /24/95 2.43 PITN:T 30"S ANT OFF im. 11-4340-249-4i 132.)0 • ! 02s661 01124/81 165.60 ATN IM CO INC 9E Ea PURCu 11-4-its-515.90 f 02f Ae1 01124/15 16.43• REV )RT :0 tic 2)t RET 11-4116.515.90 151.23 . P 02961( :1/24/15 3901 RIN!)AEC EETC 900/340S ANT SU- n-4231-M-90 t 39.50 . @ All a W24/1s r3.33 ST TIECS IS -a FO ::a IZ/il/{a-1/13 )1-410-059.12 • 0.9nz CM4115 1.16 lT TA_•rs 15 :31 13 FICA t2/31/14q/11 [1-Nat-3AO-93 1 Ulna 01124/e5 6.11 if rrls iS :11 FO .:CA 12131/44•1/n 029n 2 Jt/24/RS Man {r MIS Is M FO :CA 1213,014-1/•1 .•a lF 2-]61-IS of won 31/14/11 21.19 AT r1U3 : t3l FO ::A 12,11/Aa-1115 �-1112-999.1r OES n a 11/241.5 S9,42 Jr WAS : -)1 F0 :CA 121311-4-1111 -t_ai at-1Is•31 Qz1nz J1/:a/15 301.12 of 7Ir11 33 C)9 Fa -f 12131ha-1/11 01-u ti•IFb 33 or O2Sn2 :9/2a113 31105 1• WAS )1 :33 r0 F:CA 1213,11.-1/ts 11-1142-t49-42 029 n 2 11/111-5 51.42 At T9:C1 : :)1 10 ::. 12/11 na-I If ^t.4112-290•61 02111. )I/Fa195 17F.19 .T T3:13 :). 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L Council PUBLIC ATTENDANCE MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) i� WOOF i. 4 wW �v.S• i �� Council PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE I-CR5 - d.S— PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) 3. 4. S. 6. 7. 8. 9. 0. 1. 2. 3. 4. 5. .6. .7. .8. .9. �0. I nfo r m forx camne't, I rn Ot fo-c2gorg 7 �C�L 0 h,1 MINNEHAHA CREEK WATERSHED DISTRICT IJF� � 14 19 55 January 17, 1985 1�\l� , SC. Louis Park City Nall L 7:3D p.m. CITY OF ORONO 1. Call to order; present, absent staff. 2. Reading and approval of minutes of special meeting of December 13, 1984. 3. Reading and approval of minutes of regular meeting of December 20, 1984. 4. Approval or amendment of January 17, 1985 agenda. 5. Hearing of permit applications: A. 84-92 City of Minnetonka - recreational trail from Grays Bay dam to Crosby Road, Sec. 8D, Grays Bay Dam, Minnetonka. B. 85-01 Gerald Toberman - boat ramp renovation, Sec. 278, Tonka Bay Marina, Echo Bay, Tonka Bay. C. 85-02 John Bierbaum, The Bellefonte Co.- "Town Square," a 3.12 acre development consisting of a new bank, clinic, drug store and shops, Sec. 13CCB, east side of Hwy 110 between Church Street and Lynwood Blvd., Mound. D. 85-03 Palmer H. and Nancy J. Koosman - construction of a rock jetty for docking and boat storage purposes, Sec.14CD, northern shore of Langdon Lake, Mound. E. 85-04 Bruce D. Grussing - placement of fill in a wetland for a driveway access to a proposed single family residence, Sec. 25ABB, wetland lying to the southwest of Carson Bay, Lake Minnetonka, north of Manor Road and west of Dyer Lane, Deephaven. F. 85-05 B. T. Joint Venture c/o Trucker Sheehy - grading and drainage plan for a 32-unit townhouse development, Sec. 35CBB, south of T.H. 12, west of Long Lake Creek, Long Lake. G. 85-06 Daniel E. Sicheneder - 50' setback variance, Sec. 18AAD, southwestern shore of West Arm Bay, hound. 6. Correspondence. 7. Hearing or requests for petitions by public for action by the Watershed District. B. Reports of Treasurer, Engineer and Attorney. A. Treasurer's Report - Mr. Carroll. (1) Administrative Fund. B. Engineer's Report - Mr. Panzer. (1) CP-5 Painter Creek - Status Report. (2) 1984 and 1985 Water Maintenance 6 Repair Fund Project Status. (3) Correspondence. C. Attorney's Report - Mr. Macomber. 9. Unfinished Business. A. Rule and Regulation Revision/Chapter 509. B. District Initiated Maintenance Projects. C. Draft Permit Application Guidelines. 10. New Business. 11. Adjournment. 0150n MINUTES OF THE SPECIAL MEETING OF THE BOARD OF MANAGERS OF THE MINNEHAHA CREEK WATERSHED DISTRICT December 13, 1984 The special meeting of the Board of Managers of the Minnehaha Creek Watershed District was called to order by Chairman Cochran at 4:35 P.M. in the offices of E.A. Hickok and Associates, 545 Indian Mound, Wayzata, Minnesota. Managers Present: Andre, Cochran and Spensley Managers Absent: Carroll, Lehman, McWethy and Thomas Also present were Board advisors Panzer and Macomber. Also present was Mr. Dudley Russell, a member of the Board's Advisory Committee and resident of the City of Orono. Chairman Cochran noted that a quorum of the Board was not present and that therefore no action of the Board could be taken at this time. Chairman Cochran called upon the staff to present to the Board for informational purposes the revisions in the draft of Chapter 509 policy statements. The Engineer stated that the staff had mailed to the Board on December 4, 1964 a proposed draft of the policy statements revised as directed by the Board to include standards suggesting specific application of the sated goals and policies. The Engineer stated that af•. review of this draft by the Attorney and the Engineer, it was felt that a more condensed version of the policy document should be prepared for the Managers' consideration at this meeting. The Engineer distributed a revision of the December 4 document dated December 12. The Engineer explained that the revised document condensed and simplified the statement of goals and policies contained in the December 4 draft and did not contain standards as a part of that document. The Engineer explained that the alternative document suggested by the staff was intended to state management goals and policies on a district -wide basis. He suggested that the detailed standards contained in the prior draft should be utilized in the detailed development of the Chapter 509 plan. The Engineer also suggested that the revised statement of management goals and policies, if accepted by the Managers, should be redistributed to the municipalities in the district for review and comments in order to expedite the preparation of the Chapter 509 plan. Thereafter the Attorney and the Engineer reviewed with the Managers the revision of the policy statements dated December 12, 1984 indicating the origin of the language from the December 4 draft and the modifications suygested by the staff. The Managers suggested language changes in the draft document to be developed by the staff for review by the Board at the next regular meeting. There being no other business to come before the Managers, the Managers adjourned at 6:30 P.M. 1734S Respectfully submitted, Camille D. Andre Acting Secretary -2- MINUTES OF THE REGULAR MEETING OF THE BOARD OF MANAGERS OF THE MINNEHAHA CREEK WATERSHED DISTRICT December 20, 1984 The regular meeting of the Board of Managers of the Minnehaha Creek Watershed District was called to order by Chairman Cochran at 7!35 p.m. on Thursday, December 20, 1944 at c1Le Wayzata City Hall, Wayzata, Minnesota. Managers present: Andre, Carroll, Cochran, Lehman, McWethy, Spensley and Thomas Also present were board advisors Panzer, Mahady and Macomber. Approval of Minutes The minutes of the special meeting of November 8, 1984 were reviewed. It was moved by Lehman, seconded by Andre that the minutes be approved as distributed. Upon vote, the motion carried. The Managers then reviewed the minutes of the regular meeting of November 15, 1984. It was moved by Andre and seconded by Lehman that the minutes be approved as distributed. Upon vote the motion carried. Approval of Permit Applications The Managers reviewed a memorandum from the Engineer dated December 13, 1984 indicating those applications which comply with the applicable standards of the District and which were recommended for approval on the terms and conditions as set forth in the written memorandum. It was moved by Thomas, seconded by Lehman that t:.e following permit applications be approved subject to all terms and conditions as set forth in the Engineer's writte? memorandum: 83-112 City of Minnetonka/Minnesota DOT - I-394 freeway and interchange construction project, Sec. 4, T.H. 12 between T.H. 101 and I-494, Minnetonka. 83-126 Minnesota Department of Transportation - reconstruction of the Cedar Avenue -Lake Nokomis bridge, Sec. 13CCC, 24BBB, Minneapolis. 83-127 Minnesota Department of Transportation - reconstruction of the Cedar Avenue bridge, Sec. 138CC, Minneapolis. 84-11 Rockvam Boat Yards, Inc. - construction of a boat launching ramp, Sec. 17CCB, 4068 Sunset Drive, West Arm Bay, Lake Minnetonka, Spring Park. 84-181 Ted Priem - rip -rap shoreline erosion protection, Sec. 17AAC, Lake, Lake Minnetonka, Minnetonka. 84-197 Minneapolis Water Department - relocation of watermain, Sec. 14AD, Minnehaha Creek at Cedar Avenue So., Minneapolis. Upon vote, the motion carried. Irwin Mandel Development Corporation - grading and drainage plan for 10 mini -storage buildings, floodplain development, Sec. 17CDD, Louisiana Avenue at Lake Street, St. Louis Park. 84-06 The Engineer reviewed the request for grading and drainage plan approval and indicated that the Board had denied a permit for the grading and drainage plan in January 1984 on the basis that the project did not provide rate control or water quality control in accordance with the District's standards. The Engineer noted that the question of the adequacy of the City's ponding system within this subwatershed had been studied by City and District staff since issuance of the Brutger permit in November. 1984. The Engineer reported that the data developed to date showed a deficit of approximately 28 acre-feet of floodwater storage in the southern -most ponding facility which abuts the Mandel site. The Engineer advised the Board, however, that it cannot be accurately determined to what extent the grading and filling involved in the Mandel project would preempt needed floodwater storage within the subwatershed, if at all, since topographic data is not available for the southern portion of the subwatershed. The Engineer recommended that the Board favurably nsider the permit application provided it can be shown the proposed grading will not preempt significant flood sto,, capacity or cause flood conditions on improved property near the South Oak retention facility under 100-year runoff conditions. -2- Mr. Mandel was present with Roger Squires on behalf of the applicant. Mr. Squires stressed the need for the Board to apply the same standards to the Mandel project which had previously applied to the Brutger project. Mr. Squires urged the Board to issue the permit on the conditions recommended by the Engineer stating that such action would then focus the remaining issues to be resolved between the applicant and the City and eliminate potentially inconsistent requirements. The Managers discussed the adequacy of the knowledge of the subwatershed developed to date. The Managers also expressed concerns about the likelihood of localized flooding within the subwatershed and whether or not that flooding would affect flows in Minnehaha Creek. Following discussion, it was moved by Carroll, seconded by Andre that the application be approved and the permit issued subject to the condition that the proposed grading not preempt significant storage capacity or cause flood conditions on improved property near the South Oak retention facility under 100-year runoff conditions. Upon vote the motion carried. Frantz Rlodt and Sons, Inc. - commercial development "Beltline Business Park", Sec. 6CA, east of Hennepin County Highway 100 south of the C.M.St.P. 6 P. Railroad tracks and north of Excelsior Blvd. abutting the northwestern shoreline of Bass Lake, St. Louis Park. 84-196 The Engineer reviewed the application for grading and drainage plan approval. Mr. Greg Frank, P.E. appeared on behalf of the applicant. The Engineer stated that the project drains to Bass Lake and that the applicant has revised the plans previously submitted and that such plans now adequately address storage capacity and rate control. The Engineer recommended issuance of the permit subject to the condition that there be no reduction in storage volume in t1.9 proposed pond, that the applicant maximize the drainage area tributary to the pond and that the applicant reduce the rate of discharge from the pond. Mr. Frank indicated that all three conditions were acceptable to the applicant. It was moved by Andre, seconded by Lehman that the permit be issued subject to the foregoing conditions as recommended by the Engineer. Upon vote the motion carried. Robert S. C. Peterson - four home subdivision, Sec. 76B, north shore of Christmas Lake, east of Radisson Road and south of Covington Road, Shorewood. 84-190 The Engineer reviewed the application. Mr. Greg Frank, P.E. appeared on behalf of the applicant. The Engineer recommended approval with permit issuance to occur on staff approval of additional erosion control for the construction of a sanitary -3- sewer line. It was moved by Andre, seconded by Mcwethy that the application be approved subject to the foregoing condition. Upon vote the motion carried. M. B. Hagen - shoreline erosion protection, sec. 35A, St. Albans Bay at Old Excelsior blvd. and MacLynn Road Channel, Excelsior. _ _ 84-194 The Enginee. reviewed the application for reconstruction of an existing seawall. The Engineer stated that the District's concerns have been addressed in connection with this application and reccmmended approval. It was moved by Carroll, seconded by Andre that the application be approved as recommended by the Engineer. Upon vote the motion carried. City of Excelsior - rip -rap shoreline erosion pt otection and maintenance dredging, Sec. 34AA, western shore of Excelsior Bay, Excelsior Commons Park. 84-195 The Engineer reviewed the application of the City of Excelsior for placement of rip -rap and maintenance dredging. The Fngineer explained that this project constituted a continua+ in of the project at the Excelsior Commons previously undertaken .!IQ City and recommended approval as submitted. It was moved t Andre, seconded by Thomas that the application be approved a. recommended by the Engineer. Upon vote the motion carried. Correspondence The following items of correspondence were noted: 1. Letter from the City Attorney, City of Minnetonka, dated November 28, 1984, to the Minnesota Municipal Board petitioning the Board for annexation of certain land owned by Minnetonka but located within the City of Wayzata. 2. A communication from Kay Mitchell, Clerk of the htnnepin County Board of Commissioners dated November 26, 1984 transmitting information on appointments to be made by the Hennepin County Board during 1985. 3. Notice of Public Hearing fr,,m Hennepin County on the County's hazardous waste ordinance dated November 29, 1984. Annual Meetings/Minnesota Association of Watershed Districts, Inc. Mr. Cochran called on Managers Mcwethy and Andre to report on the annual meeting of the Association held on November 30-December 1, 1984. Manager Mcwethy reported on the Friday sessions held at the Annual Meeting and indicated that there was -4- significant discussion of Chapter 509 issues relating to the various watershed districts. Manager MCWethy also indicated that a number of watershed districts had successfully held tours of various projects which had acquainted other governmental officials with watershed district activities. Manager Andre stated that Senator Randy Peterson presented a discussion of his proposed legislation at Saturday's session which discussion prompted significant comment and discussion from the Managers present on the most appropriate governor-ntal body for placement of regulatory authority for water management. Manager Cochran stated that the Hennepin County Department of watershed district activities and invitation. Treasurer's Report he had been invited to speak for Conservation with respect to that he had accepted that The Treasurer called upon Steve Stewart of Robert J. Lapic to present the Treasurer's report. Mr. Stewart distributed the monthly report dated December 20, 1984, a copy of which is attached. Mr. Stewart reviewed the report indicating the second half tax settlements which had been received as of the date of the meeting. The accountant reviewed the current cash balances in the various funds and the funds available for investment. With respect to the water maintenance and repair fund on Page 4 of 5, the accountant advised the Board that it was his understanding that the City of Mound project to which the Board had committed $3,000 from 1984 funds would be constructed as soon as the weather is cold enough. The accountant recommended that the Board act to encumber the 1984 maintenance funds in the amount of $3,000 for the City of Mound project. The accountant further stated that it was his understanding that the city of Orono project to which the Board had committeed $7,000 from 1984 funds was not to be undertaken by the city and recommended that the Board rescind the 1984 commitment made to the City of Orono. It was moved by Thomas, seconded by Andre that the Board encumber the um of $3,000 for the City of Mound from 1984 water Maintenance and Repair Fund and rescind the commitment in the amount of $7,000 made to the City of Orono because that project had not been completed in 19a4. Upon vote the motion carried. The Treasurer reviewed the remainder of the Treasurer's report and responded to questions from the managers. Following review, it was moved by Andre and seconded by Lehman that the Treasurer's report dated December 20, 1984 be approved and the bills paid as set forth in that report. Upon vote the motion carried. -5- Project CPS Upper Watershed Storage and Retention Project Painter Creek The Engineer advised the Board that pursuant to advertisement and notice, bids had been received and opened in his office on December 17, 1984. The Engineer distributed the bid tabulation indicating receipt of bids from eight contractors for the CP5 project. The Engineer reviewed the bid tabulation indicating that Crossings, Inc. was the lowest bidder for the work. The Engineer indicated that he had investigated the work previously performed by Crossings, Inc. for other governmental agencies and had concluded that Crossings, Inc. was a responsible bidder. Accordingly, the Engineer recommended that the Board award a contract to Crossings, Inc. as the lowest responsible bidder in the amount of $189,720. It was mo•.ed by Andre, seconded by Carroll that the Board determine Crossings, Inc. to be the lowest responsible bidder and authorize the appropriate officers of the District to sign all contract documents necessary to enter into a contract with Crossings, Inc. for construction of project CP5 as set forth in the Plans and Specifications. Upon vote the motion carried. CPS U. S. Highway loo and Minnehaha Creek The Engineer reported that a Notice to Proceed had been issued to the Contractor on December 20, 1984 in accordance with the Amendment to Agreement between the District and Julian M. Johnson Construction Co. 1984 Water Maintenance and Repair Fund Project Status The Engineer distributed a memorandum dated December 6, 1984 indicating the status of the three projets approved by the Board for 1984 fundi-g. The Engineer noted that the recomnendatic s of the Engineer had already been made in connection with the presentation of the Treasurer's report. The memorandum also identified potential projects to be considered for 1985 funding. Control Structure/Lake Level The Engineer reported the control structure had been fully winterized and that as of December 18, 1984 the lake level was at 928.82. City of Minneapolis Hydraulic Study The Board discussed the status of requests for payment to the City of Minneapolis of the remaining sums due under the agreement between the District and the City for the hydraulic study of Minnehaha Creek. Manager Carroll reported that he had had preliminary discussions regarding this matter and would follow up on those discussions prior to the next regular Board meeting. -6- Chanter 509 Policy Statements The Engineer distributed revised goal and policy statements for major surface water management issues as revised after the last work session of the Board of Managers. The Engineer also distributed a proposed schedule for work during 1985 and 1986 to complete the Chapter 09 plan. The Engineer recommended that the December 20 goal and policy statements be submitted to all affected municipalities, governmental agencies, the technical advisory committee and interested citizens for further review and comment. The Engineer also suggested that staff be directed to concentrate efforts on tasks needed to produce a -craft of the Chapter 509 watershed management plan, excluding the capital improvement plan, according to the schedule attached to the draft statements. It was moved by Thomas, seconded by Andre that the policy draft statement dated December 20, 1984 be distributed as recommended by the staff ar•,d that the staff proceed to undertake such tasks as are necessary to begin a draft of the Chapter 509 plan. Upon vote the motion carried. Proiect CP 5 Easement Status The Attorney reported that easements had been negotiated with a majority of the owners in the Painter Creek subwatershed and that the commissioners have scheduled a viewing of the remaining properties for January 2 and 3, 1985. Hearing on Boundary Changes January 8, 1985 The Attorney reported that the Water Resources Board had consolidated a hearing on the recently submitted petition for boundary amendment with the previously scheduled hearing and that such hearing would be held on January 8, 1985 commencing at 9:30 a.m. in the Minnetonka City Hall, Minnetonka, Minnesota. The attorney reported briefly on the status of this matter and it was agreed that Manager Cochran would represent the Board at that hearing. Public Officials Liability Insurance Renewal The Managers reviewed a memorandum from the Attorney noting renewal of the existing public officials liability policy at the prior limits of coverage but at an increased premium. The Managers indicated their desire to retain the existing coverage. Legal Physical Boundary Proposed Policy The Managers reviewed a memorandum from the Attorney suggesting a proposed policy to be applied to projects which are located within the legal boundary of one watershed district but -7- which physically drain to lands or waters in another watershed district. The Attorney advised the Board that the recommended policy had been adopted by the Boards of Managers of Nine Mile Creek Watershed District and the Riley Purgatory Bluff Creek Watershed District. Following review and discussion, it was moved by Thomas, seconded by Lehman that the proposed policy, as set forth below, be approved and adopted by the Board of Managers: POLICY ON LEGAL/PHYSICAL BOUNDARY DIFFERENCES Proposed projects shall secure all required permits and reviews from the watershed management organization whose legal boundaries include the lands where the proposed project is located. However, where a proposed project discharges its surface water to lands and/or waters regulated by another watershed management organization, the permit issuing watershed management organization shall use in its permit review process the standards on stormwater handling of the receiving watershed management organization. In the event the receiving watershed management organization does not have any stormwater handling standards applicable to the project under consideration, then the applicable standards of the permit issuing watershed management organization may apply. Notwithstanding the foregoing, the watershed management organization in which the project is located shall use its own standards for on -site construction practices and erosion control measures in its permit review process. Upon vote the motion carried. Adiournment There being no further business to come before the regular meeting, Chairman Cochran declared the meeting adjourned at 10:35 p.m. OO87n Respectfully submitted, John E. Thomas, Secretary -8- MINUTES Or THE MEETING OF THE SCHOOL BOARD Jai 17 "M OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON MONDAY, DECEMBER 10, 1984 i AC (1Dni The regular meeting of the School Board of Independent School District #278 was held on Monday, December 10, 1984. Present: Dave McKown James Franklin James Seiter Don Anderson William Levering William Fenholt Kitty Crosby Reuben Palm UPON MOTION by Don Anderson, seconded by Kitty Crosby, the minutes of the November 12, 1984, regular meeting were approved as presented. Several Board members commented on American Education Week as being a worthwhile experience for both parents and students. Don Anderson and Kitty Crosby both stated that the middle school band concert was excellent. Jim Seiter stated that the grand piano, given by the Parents for Orono, was offi- cially presented to the School District at a dedication ceremony on November 29, 1984. Sixty students, from all grade levels, participated in a recital that night. Hubie Rosch, chairman, elementary report card committee, gave a progress report to the Board. Announcements were sent to all parents of elementary stu- dents regarding a meeting to be held on December 4, 1984. At this meeting the people present discussed the Board criteria, the work that had been done pre- viously and solicited anyone that would like to be on the committee. The next meeting will be held on January 17 at 4:00 p.m. at Schumann Elementary. A notice will be placed in the District Newsletter regarding this meeting. UPON NOTION by Don Anderson, seconded by Jim Franklin, the results of the E.A.R.C. appeal were accepted on the basis of the recertification as set out in the following letter: 0 HUBERT H. HUMPHREY, Ill .nORNEY GENEAwL STATE OF MiNNFSOTA OIIfCC 01 1�C Al7uM\C1" ON3RM 11. ST. PAUL 5ZI58 November 19, 1984 •Dmm EEIII TO ILVENUE +TTORREr I V IS"f I S D CENTENNIAL WI ST IAUL. M 11155 iFLErHONE I,,I,nI IIN MII Mr. Rich-.,d A. Helde, Esq. PAEGRE i BENSON 2300 Multifoods Tower 33 South Sixth Street Minneapolis, Minnesota 55402 Re: Independent School District No. 278 v. Equalization Aid Review Committee Docket No. 4174 Dear Mr. Helde: This will confirm that the above matter, subject to formal acceptance by the School Board, has been settled on the bases of the recertifiration set out below: Original adjusted Recertified adjusted assessed value assessed value $127,448,252 $126,281,677 Please let me know when the School Board has formally accepted this settlement, and I will prepare a Stipulation for Dismissal of the case from the Tax Court. Very truly yours, p JAMES W. NEHER Special Assistant JWN/bw Attorney General AN EQUAL OPPORTUNITY EMPLOYER Mr. Fenholt explained that this action, resulting from the District's appeal for an adjustment in E.A.R.C. valuation, will result in a savings of $36,467 annually to taxpayers in the District, or about 1/3 mill. Don Anderson requested that a letter of thanks be sent to the Hennepin County Assessor for informing us of the School District's right of appeal in this matter. A copy of the following letter to John Molten will be sent to the City of Maple Plain to keep them informed of action the School Board is taking in response to their request. ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 W09PENDEMI LOMOLAMI MAILIPWN MDIMA-MIMMITON4a1ACM-ORONO M OLDCAVSTAI DAY ROAD LONG n AME, MINNEEOTA UNS IAMEEI EATEN A IENMOLT SMREEONTINIIYT 01 SCHOOLS AS$I. TORT.I tY1EMINiENO/M I8111 ATa9ala mlal U] 1311 November 30, 1984 Mr. John Molten, Attorney Faegre 6 Baum 2300 Multifoods Tower 33 South 6th Street Minneapolis, Mi 55402 Dear John: As you low, we have finally completed the lease/purchase option agreement on the Maple Plain school with Woods Academy. Now that this has been accomplished, we have been approached by the Maple Plain City Council requesting that the board consider cooperating with the city for future development of recreational facilities on city land. During the seventeen (17) years of school occupancy following construction of Maple Plain Elementary in 1%5, Maple Plain youth groups and civic organizations contributed materials and labor for the imprwulmPnlI of the grounds. A hockey rink, oocahlete with lights and warming house, as well as several ball fields, were con- stricted. These facilities have been ured Jointly by the school and sanity, with extensive use by the ccffinity on evenings, weekends, and throughout the sneer months. Evan tlrngh Woods Academy has pledged to cooperate with these ccoamnity groups in permitting off -hour uae of their facilities, Maple Plain feels that its long- term interests will be best served by acquiring and developing a n recreational area. A large tract of land may be available to them adjacent to the school and they are contemplating a referendum to finance the purchase. Mayor Walton approached the School Board at the last meeting about the possibility of the board contributing school district finds in the development of the new facilities, should their effort to acquire the land be successful. They reason that the district had a more valuable asset to lease or sell because of Thai r contribution and now they ask that the Board consider reciprocating. While unwilling to comsat any future Board,our current Board is willing to provide assistance if it is legally possible to do so. This could be due through purchase of materials, lose of district equipm t and possible slepower, direct cash payment or a combination of all three. OIL.R. a MIN TEN PP v NE"ON MAIL MAAVRA EONOAM .W.EGMOOL PRINCIPAL WDOLI SCHOOL IAINC".L ELEMENTARY SCHOOL PRINCIPAL Anton oaoa0l In nn C. MAVNE EMITM RDNALO I. OIUIRT ASSOC. HIGH "POOL IAdCIgL ASAM. MIDOLI SCHOOL PRINCIPAL In Ylt u3 1301 Mr. John Holton, Attorney Page 2 Or first thought, expressed at the Maid meeting, was that finds could be expended through Cumurdry EAca[ion. 'Kris is a division of our school budget sustained primarily by tax levies, state aids and fees. Bob Gt®tad, State Director, has since told us that no Coamrdty EAration fads may be expended for Capital Outlay. Rather, such funds sort be for consumable item. As an example, he indicated that tennis court construction would be forbidden but that nets could be purchased. I then contacted Floyd Erickson of the School Facilities Section of the State Dept. of Education, outlined the problem and asked if regular Capital Outlay furls could be expended for such a purpose. Mr. Erickson cited M.S. Chapter 471.16-19 which covers the rights and posers of political subdivisions regarding recreational facilities. He feels that, particularly under Section 471.16 which permits political subdivisions to 'cooperate among thamselves in any maser in which they novelly, agree," we could legally make etch an expenditure of funds. He indicated that our proQosal seems to meet the "spirit and intent of the ]aw, if not the absolute letter. If the School board realizes that the two entities (the city and the school district) have jointly developed the original premises over the years for their ritual benefit and, if the Board accepts the commitment to assist in replacing what the unity has lost, Mr. Erickson feels that we could cooperate in the maser outlined above. He realizes that "a gift is a gift" and that the board has no legal obligation. however, by its action, the Board would be acknowledging the contribution to the school grounds by the comity and compensating them for that contribution. While we would not anticipate any taxpayer objecting to the expenditures, we want to be certain we are m solid legal ground prior to giving Maple Plain any assurance that we would cooperate. Mr. Erickson agreed that we should pose the question to the district's legal counsel. Ihne district presently uses Maple Plain park facilities, as well as other city recreaticnal facilities, in its Comity Education program. It is assumed that our Director would also utilize the proposed new errs far our rp�roo��¢ram. I might add that the Maple Plain facilities are used by young people t rl rng�fout the district, particularly by Close living in adjacent cities such as Independence and Medina. In fact, we understand that they serve ®re youth f=-...n outside Maple Plain than they do from within their on boundsrfes. We will look forward to your reply and wild appreciate receiving it in written form for later reference. Our Heed meets December 10 but, if that date is not convenient, we will asks your reply available to them at the Jamsary meeting. Sinncerely, William A. Fenholt Ass't. to the Sat. CC: Mr. James Seiter, Supt. School Board Meyers The final insurance claim for the storm damage at the high school on August 6, 1984 follows: Storm Damage Claim Orono Senior High School Gym Roof August 6, 1984 Storm 1. Floor replacement Anderson -Ladd bill $57,427.00 Less add'l. volleyball court 150.00 $57.277.00 2. Hillyard Trophy Gym Finish (City Janitor supply bills) 2,566.25 3. Misc. Volleyball Standards for M.S. gym (to provide alternate space for girls' volleyball team) (Haldeman-Homme, Inc. - 3 bills) 3,398.00 4. Roof replacement M 6 S bill 47,045.00 Less amount paid by district for insulation - 10,500.00 36,545.00 5. Custodial time on clean-up and other work directly associated with storm damage (see attached bills) 1,797.81 6. N.S.P. electrical charges August 7 - October 7 prior to heating season. Continuous running of vent motor $14.40 day (60C @ hour) for 60 days (per rating engineer from N.S.P.) o64.00 7. Re -wire gym lights and check rooftop exhaust fan (Medina Electric bill) 491.78 S. Infra -red roof scan by Tremco to detect any damage to adjacent roofs (Report on file in office -- no further damage.) 750.00 9. Miscellaneous items: -MfS Northwest Sound -A-1 Minnetonka Rental (generator) - Electric Motor Repair 16.85 - Genuine Parts (tennis court damage) 14.54 - Ind. Sheet Metal (roof louver) 204.58 - Precision Glass (glass replacement) 198.29 - Woodlake Sanitary Landfill (load to dump) 15.00 - A 6 B Sporting Goods (replacement of 3 Rol Dris @ $92 for tennis courts) 276.00 - Custodial mileage after hours (60 x 240 14.40 855.66 Total Damage Claim $1041545. 50 I hereby attest that the above represents accurately Q 4. i our total loss resulting from the August 6, 1984 storm. O�K� e o Don Egnell of Froehling, Anderson, Plowman A Egnell, Ltd., presented the 1983-84 Audit Report to the Board. Mr. Egnell noted the letter at the beginning of the Audit Report which states that Orono received a clean opinion with no qualifica- tions to the financial statements. He also expressed his an�reciation to the Orono staff for their cooperation and assistance. UPON MOTION by Reuben Palm, seconded by Kitty Crosby, the _ _cepted the audit as presented. Bill Levering MOVED and Don Anderson seconded, to accept the agreement with Dow -Sat Cable TV Company. Mary A. Smith, regional manager of Dow -Sat, was present and answered questions from the Board regarding construction, operation and maintenance of the cable system. Discussion ensued regarding clarification of various aspects of the agreement including utilities, staffing, payment of rent, liability respon- sibilities, replacement of equipment and termination of agreement. In answer to Reuben Palm's question regarding payment of rent, Ms. Smith stated that to her knowledge Dow -Sat does not pay rent in the Minnetonka area or elsewhere. Bill Levering MOVED and Jim Franklin seconded, to amend •he motion to include the following additions/changes: (1) Section 9 - Insurance - Dow -Sat shall name Orono School District as addT7onal insured for personal liability and/or building damage arising from Dow -Sat employee negligence. (2) Section 12 - Substantial Dama a/Destruction - If the building is ren ered unten ab a for a per o of 90 days, within 30 days, beginning at the end of the 90 day period, either party shall have the right to ter- minate the agreement. It is understood that upon completion of the facility, Dow -Sat shall be responsible for replacement of any damaged equipment. (3) Section 7 - Surrender - The last sentence shall read: Dow -Sat shal pTanp y surrender all keys for the premises to the District Office. The words -at the place then fixed for payment of rent' shall be eliminated. The question was called on the amendment to the motion. Carried unanimously. The question was called on the motion as amended. Carried unanimously. The Board expressed their appreciation to Ms. Smith for attending the meeting and for her patience and input as the Board worked through this agreement. UPON MOTION by Jim Franklin, seconded by Bill Levering, the request by Ruth Bendson to grant her another leave of absence for the 1985-86 school year was denied. Mr. Setter reminded the Board of the dates for the MSBA Convention. January 14, 15 and 16. Reservations should be made through the District Office. 4 UPON MOTION by Kitty Crosby, seconded by Bill Levering, the 1984-86 contract for principals was approved as presented. UPON MOTION by Bill Levering, seconded by Kitty Crosby, the 1984-86 contract for district administrators was approved as presented. UPON MOT by Kitty Crosby, seconded by Jim Franklin, approval was granted for the certification of the tax levy for 1984, payable 1985. The levy cer- tification follows: 5 T A( E 0 1 I A IT 0 E N T 0 1 E 0 U C A T 1 0 N E0•66111-" DISTRICT NO. 218 TYRE 1 L I V Y L I IF I T A T I O N A N D C E R T I F I C A T 1 0 M O DISTRICT NAM OR0110 1 9 94 P A Y A B L 1 1 9 A 3 \�`� PABE IO OR /R [CSU REGION 11 HEN/EPIN CO �� OAT[ OF an: 11/Bt/N TYPE OF SCHOOL INITIAL LEVY LIMITATION ABATEMENT TACONITE MINIMUM LEVY MAXIMUM LEVY POOR. TAX LEVY LIMITATION ADJUSTYNT ADJUSTYNT ADJUSTMENT LIMITATION LIMITATION / CERTIFIED LEVY / / / MAINTENANCE e,2e0.7e7.25 2,2O4.95- 12.009.57 SEE FOOTNOTE 5,2BOAEOAI / 5-2601 / ----- Jf / / TRANSPORTATION 338,654.87 19.469.GO 850.2e SEE FOOTNOTE O51.1114.13 1l / 959M174.13 / •] ...................� � COMMUNITY SERVICE 104.292,42 315. 25 SEE FOOTNOTE 101.]O1.11 /58,M.00 / •I /_------ !_•____••_•_/ CAPITAL EXPENDITURE Jae. OJA. 10 2.E9e.90 ].O]A.A] Y[[ i00TMOT[ 301,473.13 / •A /.._•_______•__-___- GENERAL DEBT SERVICE ]AA, GO 1.915.6e N/A ]U,N1.N j •5 ) ••/ AVTI DEBT SERVICE N/A A VT I OTHER N/A TOTAL 6.31111.075.04 19.7".99 17.1".37 SEE FOOTNOTES 9,4".033.Go / 6M326M475•83 / NO CCO(1TIED LEVY MY EXCEED THE CORRESPONDING YXEM11 LEVY / / TW COUNTY AUDITOR IS REWIRED STATUTES BY YTHAN THE STATUI[S 274. U TO R[q)C[ TO REDUCE / DEBT SERVICE EXCESS- 1 / CERTIFIER BRCE11 I RE ANY CERTIFIED LEVY THAT IS GREATER THAN (NE MAXIMUM LEVY LIMITATION. / COUNTY NOITDII SHALL / REOUC[ OFR SERVICE GENERAL DEBT/ / MINIMUM LEVY LIMITATION FOOTNOTES: / LEVY BY TNE NOWT W SfRVIC[ / O •1 COMPLETE PAGE 11 OF 10 IF LESS THAN MAXIMUM LIMITATION IS CERTIVii0. / THE C[9TIFIlD EXCESS /----------- ./ •] COMPLETE PADS 12 OF 13 IF LESS THAN MAXIMUM LIMITATION IS CERTIFIED. / UNLESS SCIQOL BOARD / •I COMPLETE PAW 13 OF 13 IF LESS THAN "MANOR LIMITATION 15 CERTIFIED. / DIRECTS AOI•OII BY rv' TB: •A COMPLETE MY 13 OF 1O IF LESS THAN IMXIM LIMITATION IS CERTIFIED. / RESOLUTION NOT TO S •4 MINIMUM LEVY FOR p[BT SERVICE UNDER Y.S. 1]4.4] AMD/ON 124A]. / REDUCE THE LEVY BY ALL /----------- -------/ •R MINIMUM AMOUNT IS IV SO AVTI DEBT SERVICE AID. COUNTY AUDITOR SNALL / 04 PART OF THE EXCE33. REDUCE CERTIFIED LEVY By WIN THIS AMOUNT S AVTI DEBT SERVICE EXCf SS./ DISTRIBUTION / THE CERTIFIED LEVY LISI[0 '%4V[ IS THE LEVY MOVED BY M DISTRICT SINGS COMPLETED ORIGINAL TO 1OM[ COUNT AUDITOR, SC1OO. BOARD FOR TAXES PAYABLE IN 1MS. THE DEBT $RVICE / UCESS IS CERTIFIED PURSUANT TO MIM WTA SYATUTfS 41S.01. DISTRICT SENDS CENT T0: / STATE STATE DEPARTMENT DF EDUCATION / SCHOOL AIDS SIO LEVIES OF / SCHOOL SAI CAPITOL SWAMI RUi"•INp 1 / W / SCHOOL WARD CLIIMt SAINT MAUL, COPY FORA FILE DISTRICT KEEPS207. DUPLICATED COPY iN1 10.E. / DISTRICTS A1, SIR AND 917 SEND OUPLICAIED COPIES TO EACH OF THEIR / OAT[ OF OIIION[M SCHOOL DISTRICTS. / CEOYIFirn1DN _ . .,..•� Bill Fenholt and Reuben Palm reported on a meeting they attended on November 27, 1984, regarding comparable worth. The Schooi District has to have s.lected a plan by October 1, 1985 for implementation by August 1, 1987. MSBA has deve- loped a plan for school districts to utilize and the consensus of the Board was to Follow this plan. The administration will follow through on steps required to carry out the mandates of the law. UPON NOTION by Kitty Crosby, seconded by Don Anderson, approval was granted for the following ne. Community Education classes: Income Tax Word Processing Public Speaking Stenciling Russian Practical Law Cooking Classes Parenting Classes UPON MO"ION by Jim F ki.n, seconded by Bill Levering, approval was granted to utilize Federal 94-142 funds to increase the contractual time of Karen Orcutt, Rosemarie Ehalt and Nancy Woodrow. UPON MOTION by Kittv Crosby, seconded by Jim Franklin, the bills as coverer by vouchers 046217 through 046336 and 045540 through 045699 were approved as present# !. _. MOTION by Bill Levering, seconded by Kitty Crosby, the meeting was adjourned. Kathirihe P.�, r erg - -- Approved: are cKorn, Chafrmaan E a 6 z s - plan w.,1 vnd N. Meu uludd:n1 CIota not I a Stme al the Hegum eesnn January 39. attend the (allowing panel discussion: Transportauan Health Combined Sewer Overflow — Schad Waste p 4x 5\1 naa„e• m. \.d.nnx.a.9a cw••Nu \. Page' eoe^ e'p°� 01 \ ouMN.\. St. �fiA. •xyo4\en e ena• et1191 ,.to ^ Mr\E9. Tnelon„eoo 9 Ma' seu 5h\Otfoa Mu Add ... s Ow t�eti Zip .RYSYAC RAY MN 55323 11 pleeae .an us ar the Mannuppinan Counnl's 1985 Stata al In. A, n event. �I �� CITV Of ORON� fe. NA41•4 as eaHY'N INTEROFFICE MEMO 85-012 DATE: January 11, 1985 TO: Officer Mark Tomczyk and Officer Kurt Erickson FROM: Chief Melvin Kilbo SUBJECT: Letter of Appreciation Re:Case F9-068 Mr. Loren Butterfield came to the station on January 10, 1985. He said he wanted to complement the department and the officers that responded to the medical at 3745 Watertown Road on 1-5-85 at 1600 hours, the victim being George Butterfield. He stated treatment and care of officers for patient was excellent. He went on to say he was a former councilman in the early 70's and been critical of the Chief and the department than as they didn't follow through to satisfaction of the council. Because he toox the time to come in and thank you and the department, is to me an indication of the measure of concern and compassion you and the members of this department have for the public. CC: Orono Council H 300 Metro Square oidg., St. Paul, MN 55101 General Office Telephone (612( 2916359 >+W C 1.4 REVIEW J� Nrt .. dALfLR e: �Z ,i AU�I115TR4TC2 C I IV JF CRUh7 A Metropolitan Council Bulletin for Community Leaders dJa 6d For more information on items in rho Publication, cal/ the Cot Y S T AL DAY Y.'1 Jan. It. 1985 RECENT COUNCIL ACTIONS (Dec 31Jan. III Health —The Metropolitan Council gave the go-ahead to tyro navy hospital helicopter services for the Twin Cities Area. The minus will be monitor by North Memorial Medial Center and by a consortium made up of AIDI Northwestern Hospital, St. Paul Ramey Medical Center and Ihe University of Minouta hospitals and clinics. The hospital, a¢eed to moral conditions, including con. traning with lecffd d air carriers and providing tocem sarvin for sad, othw. The neliormra will primarily take., critically Ill ollonts from hospitals in outlying areas to wry Twin Cities Area hospital at Me rouM of in Outlying area physician. The recommendation cow gas to th, Sun Haath Plenning and Development Agency. Hes,dng—Th. Council approved stntagles for helping Ins Twin Cities Area provide affordable housing for all its cl+leens. The stangiw are contained in the revised housing chapter of the Council', Merropditan Deempmem Guide, in plan for guided development of the region. Th. chapter fodn, on al l housing IS+Yes: — The ragion's need for special horsing. etch Is for MPle with dinhilitles and hOusahold. headed by xmmen: — The need for lif.a Cls housing, or housing for the differ ent ph.. of people's If",: and — Government roles and reponsibili•in in creating aRPrdable housing. The dupwr eve deofs with issues of housing wen. main. unanda and rehabilitation, loulion and energy effkiency. The dislmr alp include. "community, mill whirl, compares eadi community's f ouvng mix with Nat of the region a a whole. It's inlwked to paint out ovra need for more affordable housing where it doen't now Din. The iod x will he uA And a, a Planning tool to enwursg. communities to dlvaralfy their housing stock. In anthw housing action. Ind Council said a housing revenue bond plan subminor by Console Grove is consistent wish regional housing guidelines. The city represent to issue 57.5 million In ux-axempt aenDe bondl to finrlda the development of the Oakwood Heights apartmenn and $3 million for the devolupmant of der Ent Grove Estates II sprtmenn. The Council wppsated per City a... Dirt for the firm 10 years at lent 20 Perdant of No uniU ra ocwpied by hM.holds with low and n .tat incomes. Long -Tiffin Gn—Th. Council aopeed a comprMenve moat on the development of the region's WMm of ION Xerii ore. Long-term days refers to a WOW array of rrvim provided to Persons who, are disabled on chronically ill over an nteMed period of time. The report palls together informus. MOM from the field. of Mi hwshq she ping. Ill progotan include heaer use of existing rwcwm in the mm veep, hen., assaswn i nt col iMHidual more and output coordination of a nim on a caao4ri beet.. Armi Council Wooed policies and nwmmendatipos on me dANMvsmn of "commumsy lour Wool for older Deposit in the Twin Cities Area Foul poi, we gerNrally cam inutility and roar amen that provide and coordimta a wide 7a n I IAPI 7 1985 r cITr Fo ar�s;J rviiaq or samdas ano mtormation for alit., petiole. The Council said designation of a foul point depends on such things Asia location; accessibility and openness to all PNO% of older p ok: and access to certain "core ",cell such as information and referral, outreach, transportation and group dining. To dace, the Council has designated 50 focal main as Dart of in county-0ycounty Provide delivery studies. Sid! Jump —The :Domed authorized a contact with Arvid Elness. Billy, James B. McComb and NCI of Minnasota to act Is a consultant in a Courts study of the feasibility of a 70- menr. morMllDNl9rade *I jump. The con Viet for an initial phase of coo Minnesota Holmaokollon Ski Jump pr000nl is $10,000. and is contingent on funding f,cm the Minmsou Department of Tourism AM the Minneapolis Ski Club. The eventual compact, including funding from the Minnesota Department of Energy and Economic Development. is not to awed 550.OD0 Lake Rmm.elon—The Council agreed to assin Pool with me Lake McCarron restoration project. The Council will monitor the weer quality, of the take and surface water runoff enuring or in a threa year project to win from 526.000 to $35.000. The city will reimburse No Council far laboratory win. The Council wants to tl fermirer Iho offactivanM of ere prodond d.nntion wed and wetland Miriam in treating runoff. no data will he until to watershed management organitetiom in the region. Tom — , ton —The COuncl approved communion of an interchange hotvyesn Holm. 6 and Interstate Hwy. 494 in Plymouth, including construction of a four line bridge over 1494. TM rewmmaMrio. now goes to the Minnesota Deortmen, of Transportation for final design approval. Mmapelltan Spndicano—Choir Simon GaMebring Ind rtemh denied Minnetonka', remNst for a "metropolitan out nificance' hearing. (Metrooliun significance refers to reviaws the Council may conduct of Mions afiwting metropolitan system, a local land on.) Minneonks asked me Courmn to review delay of the neonrtrvctum of over Hwy. 101 Wage over the Burlington Northern tracks in Wayeata. The chair deemireo muse ile ne o did not meal Mndarfls to begin a metropolitan significance rwuw. NEW APPOINTMENTS The Council moue me following ams intimenu ,o ', Mesa repoliwr Parks and Oon Spw Cominmucn: Jerome Ara. Din. G. taco, Carver County commmmrer: and Kann Fa moron, Din. H. elementary school principal in South St. Paul School DurIa Reappointed wen Doug Bryn+. Dim. E. part, and recieahmn director fa Mapl. Co.; and Bill Baseball Dirt. F. 1. iMar tole, of the Hnmpin County Ptak Rosarw Olm.a. Appointed to the Wvopohun Wines Co Cocnmheio more JuEINn Huff, Din. G. Maa,na Punning and zpoing admimeorde: and Paul McCarron. Din, E. Amu. County commissiaer. Ronportad were Mrk Mora,. Dirt. F. war. hounnen As Informed.., H.naer Co.; and Bruin Bauinenn. Din. H. civil engmow n R.anord Chemical Products, Inc. no Ca:ocd red. me lonowin appolntmal ro its Adeit.ry Comnunn on Agin: Arnold Llndouin. St Paul Eaa Furnw, St, 7:.ul: Dwight Lesson, Minneapolis; Todd Menton, Minneapolis: Mary Jam Partyka, Minoeapons, Eheebeth Ebbon, White Bear Lax.: Nance Do". Anoka: Delores Hin na, Rrookrfn Can:,, Grace Nation, Ed ma. Lots DaSmm. Pochfiad. Maael Hearn, Chaska: William Mover, Inver Gros? Heignis. and Lyla Stacy, Inver Grove Height, PUBLIC HEARINGS, PUBLIC MEETINGS Tramp -The Regional Transit Board III will hold a public hearing on its proposed 1985 budget an Jan. 21. at 4:30 P.m. in the Council Chambers. For a in. copy. call the FITS ofia at 2928799. Transit -The Regional Transit Board aid me Metropolitan Council will hold a lint Public meeting on Proposed transit improvemanu, including light rail transit (LRT) in the Twin Cities Area, Wednesday. Jan. 23. at 7 p.m. in the Council Chambers. Corridors timer conpberstion are from downtown Minne. Scules: 1) southwest to Minmtonse; 21 am to downtown St. Paul: and 3) south along Hiawatha Ar. to Bloomington. After a staff Presentation. the public will be asked to comment on It it behalf improvements are needed and whamar LRT or expended bus sarweY would bM meet me needs. Free summanes of the FrapoeM improvements are avail. able by calling me Communications Oepenmem at 291 6464. One summary covert me Soudlweet7Unisentiy Air. corridor (na. 2685-006AI; the ether, the Hlawama Air. corridor Ind. 2685-0068). Limited copies era available of the complete draft inn oninenual impart nanrmnt (na. 2685806). 1 If you with to speak at me neemg, all Lucy Thompson, Planning Assistance, at 291 ' a21, For further information. call Steve Wilson, Transportation, at 291 6344. Citizen Pardemairo-The Council will hob two public meetings on a plan to expand ditinn participation in Council activities. The plan seeks to strengthen Council relationships with Idol governments, minorities, women, People with disabilities and People with tow incomes. TM film mining will be at 1:30 P.m., Jan. 24, in Me Council offices, The second will be at 7:30 p.m., Jan. 29. 9 Bonneville Senip High School, ODD E. Hwy. 13. Burnsville. For a free copy of site citizen WNciation plan. no. 0784.171. all the Communications Department at 291-6464. If you have duammns about me plan, all Lucy Thompson at 2914521. Solid Wssto-The Council will hold a Public hearing on a proposed new Solid woofs 4nmgarronr Dowrista more Gonda, Polity Also on An. 26 beginning at 1:30 pm. and resuming a 7 p.m, in me Council Chambers, The plan alb for a dramatic reduction in use of landfills alb an increase in roweling tichniqun. For a free copy of the document. no. 1284.160, call the Communications Department at 2918464. To "A at me hearing, call Low Thompson at 2914521. If You hove any lugmons, or wish to submit vwfu n mmrmmi. contact Pool Smith, environmental planner, at 2918108. STATE OF REGION EVENT INCLUDES LOCAL AND NATIONAL EXPERTS Local and mboral eaptrb will holo me Metro,. llnn Council focus an regional issues at IM Council', annual Scott Of the Region Mnt. It will be hold An 30 at me Hilton Inn 133L Induargl Slyd.. Minneapolis. The event will lane a dinner address an me situ of tbe region by Caumil Chair Gottmt Gardadririg. A "Regional Citizen of ma Year" will elm be named. Four concurrent panty dhcuesum on m or gHHs will begin a 4 a.m. Each will include a modernor. a pmome, arch had nactug Penalm. The mpia see. - Marketing Solid Wan. Abstemene How Do We Got Two Million People Inni - Keeving Sewage O.t.f the Misas,,p, U't Everyaodv's Problem -TnnsPortauan Mow Can We Serve me Suburbs? Legnaun9 SauC Heeith Bere!.[s Ccat a. Consumer P.otPCOdn Aeeite•at.on begins at 3.30 a.m. and ere nitre• al 6 30 p.m. the even md:ddir9 droner cons Si7 Advance ,eggda. Van is recoiled by Jan 23. For more information, call the Communications Depenmem at 291 5464 WORKSHOP ON PUBLIC PRIVATE PARTNERSHIPS SET FOR JANUARY 22 What are the Wndamantall of financing pubhCpnvate Pertnntmps between developers and ipal governments? The Metropolitan Council will hold a works... January 22 for government staffs. elected office, and members of economic development and planning commissions to help Gnawer that question. The warktho , will take placa m In, Ngolla talent, Inn , 95 Merriam St.. Nrmllet same Minnaeaold. The wprhshop will rover the need for public tenor involve. mention economic d1w lo.ment, a renew of financing funds. mental%, discussion of how to evaluate MwelOpen r"aasts for assistance, evaluation.) came sN.Ns of development M.poLlt and negotiating "rule of mumb," The dean is S25 including luncheon and materials. Spec 'is bound so ev11 gg1012mn a suggest.. To r"mor, nil Irene Matsman, Planning Assistance Department. at 291-6415. COMING MEETINGS OF THE METROPOLITAN COUNCIL AND REGIONAL TRANSIT BOARD (Jon. 21.31) lMfaings m tenranve. To verify, 11112916164.) Metropolitan SYmmw Committee, Monday, An. 21. 4 P.m., Conference Room E. AW"" A-lo , Achim, Cam item. Tuetday. Jan. 22. 3:30 p.m., Council Chambers, Chair GasdaWmg"Aing to dta Minneson Ird ne.l Development Assoc., WednasdW. Jan. 23. 3 p.m., Holiday Inn Intarnational, 1201 W. 94M St.. Bloomington, Empemrsentsl Resources Committee, Wednesday. Jan. 23, 4 p.m., Comtrence Roam E. Metropolitan Health Planning Board, Wednesday. An. 23, 4 p.m., Council Chambers. Patton, Committee of the Regional impels Board, Wedrwsday. An. 23. 5 p.m.. RITE, Board Room. Suite 270. Mare, Squat Bid, Mmepolitan Canoed. Thursday. Jan. 24.4 P.m., Council Chambers. Admmimauon am Finance Coinromnt of the Regional Transit Board, Thursday, Jan. 24. 5 a.m., RTB Board Room, Sum 270. Metro Saw, Bldg, Advisory CarnmrRee m AWng. Friday, Jan. 25, 9 a.m., Counsel Chamber. Asiatran Policy than Ta Fore. F,am,. An. 25. 9 a.m.. Council Chambe, Mavapolinn Forks and OPen SCoee Ci,whow n, Monday. Jan. 26, 4 a.m., GooncJ Chamber, Negnml Transit Bove, Mondsv. An 28. 4:30 p.m., Council Chambers. House Loral sad Urban Affairs C.mm Iblefing en mar000hnn agem .,), Tuesday. Jan. 29. neal O.Mr. Council Chambers. Emirmimnnl R.P. Communist. WediisaMv. Jon. 30. 4 p.m.. Council Chambers. Regiaml Transit BordllMbapolitan Symms Cammm. VMmWy. Jan. 30, 5 P.m., Council Cltamben. Metroaelitan and Commumry Oeealommnt Committee, Thundery. An. 31 130 p m., Cwnc:i Chamtvn. Joint it"o al Transit Bona Camminee of me W x Nj Mavop"m Symms Ccmmi nee. Thu,smv. An. 31. 5 P..m . Couna Gumben � c1✓ u- January 11, 1985 WEEK OF JAN. 14 - JAN 16 NOTE: This publication contains a one -week list of meetings and agenda items for the Metropolitan Council, its standing committees and advisory committees, as well as similar information for the Regional Transit Board. It is mailed every Friday to a contact person in the region's local governments and to the Twin Cities media. The information is current as of the date of publication. However, meetings and agendas occasionally must be changed. For this reason, local government officials planning to attend meetings should verify the information in advance. Call 291-6464 to do so. Media should continue to call Ken Reddick, 291-6422, or Lynne Williams, 291-6511, for more Information. Metropolitan Parks and Open Space Commission - Monday, January 14, 4 p.m., Council Chambers. The commission will review a development grant amendment request for Bunker Mills Regional Park in Anoka County. It will be briefed on plans for Boom Island development, Minneapolis. Metropolitan Systems Committee - Monday, January 14, 4 p.m., Conference Room E. The committee will discuss a Metropolitan Waste Control Commission (MHCC) 1984 capital budget amendment, a MWCC request for 1984-1988 development program amendments and the MWCC's Kellogg Corporation contract. The committee is expected to select a speedskating rink site and program. Transportation Advisory Board - wednesday, January 16, 2 p.m., Council Chambers. The board will review the final ?aport of the TAB Highway Jurisdiction Task Force. Committee reports include those of the Technical Advisory Committee, the FAU committee and the policy plan committee. Regional Subcabinet - Wednesday, January 16, 2:30 p.m., Council Chambers. The subcabinet will discuss a metropolitan significance study. It will review regional parks operation and maintenance funding and Regional Transit Board legislative proposals. It will also hear updates from the State Planning Agency issue teems. Management Committee - Thursday, January 17, 3 P.m., Council Chambers. The committee is expected to act on approval of collateral for investments, the 1985 staff compensation plan, the amendment to the cost agreement for the Ramaey/Washington Waste -to -Energy project, a contract authorisation request for Environmental Research and Technology, Inc., ■ contract initiation and authorization request for a health cam expenditure survey, a contract authorisation request and 1985 budget amendment and an agreement witr Mn/DOT for distribution of Federal Highway Adalnistration planning funds. Metropolitan River Corridors Study Committee - Thursday, January 17, 3 p.m., Conference Room E. Metropolitan Council Committee of the Whole Co -Composting Workshco - Thursday, January 17, Y p.m., Council Chambers. The workshop will Include a slide presentation by Sandra Cardebring and Dottie Rletow of co -compost facilities tour in Denmark and Sweden, a summary of the role identified for co -composting in the Council's Draft Solid Waste Policy Plan and a presentation by Eliot Epstein, president of E a p Environmental Consultants, Inc., on a development Process for commercial scale co -composting facilities. Administration and Finance Committee of the Regional Transit Board - Thursday, January 17, 5 p.m., RTB Board Room. The committee will discuss the operating budget. ., o r,'. irk +, - `V ! January 18, 1985 I JAN 21 W WEEK OF JAN. 21 -JAN 25 CI i Y OF 0RONOJ L =-- NOTE: This publication contains a one -week list of meetings and agenda items for the Metropolitan Council, its standing committees and advisory committees, as :ell as similar information for the Regional Transit Board. It is mailed every Friday to a contact person in the region's local governments and to the Twin Cities media. The information is current as of the date of publication. However, meetings and agendas occasiona" y must be changed. For this reason, local government officials planning to attend meetings should verify the information in advance. Call 291-6464 to do so. Media should continue to call Ken Reddick, 291-6422, or Lynna Williams, 291-6511, for more information. Metrpolitan Systems Committee - Monday, Jan. 21, 4 p.m., Conference Room E Regional Transit Board (RTB) - Monday, Jan. 21, 4:30 p.m., Council Chambers. The aoard waTTTioTd a pu5T-c hearing on its work prngram and operating budget. The board will also hear the Policy Committee report on light rail transit criteria and the Administration and Finance Committee report on the staffing plan and ar. amendment to the Strgar-Roscoe-Fausch contract. Economic Development Workshy - Tuesday, Jan. 22, 8:30 a.m., Nicollet Island Tdn,-lifnneapoTis. —" Ayygregate Resources Advisory Committee - Tuesday, Jan. 22, 3:30 p.m., Council CFamuers. SfaTi wfTt presenf a suatmary of data necessary to plan for the protection of aggregate resources at the local level and will compare this to data currently available. Metropolitan Council - Tuesday, Jan. 22, 4 p.A Council Chambers. The Council iiffT dfscuis-ifa role a..d mission. Chair S eakinq to the Minnesota Industrial Development Association - Wednesday, Jan:-i3� 7 p:m., iioTfiay fnn TnternaLTonaT,"TZ01 A. 44fh Sf: Bloomington. Environmental Resources Committee - Wednesday, Jai. 23, 4 p.m., Conference Room �-TFe 'con`nfftee wfTT-�Sr-a �riart on the solid waste abatement team. It will be briefed on groundwater management and will hear the preliminary results of solid waste questions asked in the 1984 Twin Cities Area Survey. Met�roppolitan Health Plannin-q Board - Wednesday, Jan. 23, 4 p.m., Council Cffi= .. Tlie3oand-will-Fev%w committee reports on the 1985 annual implementation plan and the 1122 process. The board will also discuss its 1985- 86 work program and budget. RTB Policy Committee - Wednesday, January 23, 5 p.m., RTB Board Room. The committee will discuss Metro Mobility. RTB/Systems Committee Public Meetiing - Wednesday, Jan. 23, 1 p.m., Council CFamers-'fFe o n mee>ingTia� set to hear public comments on the results of the studies recently completed analyzing light rail transit and other transit options for the University Av. and Southwest transportation corridors. Metropol ltan and Lommunit Develo2ment Committee - Thursday, Jan. 24, 1:30 p.m., Conferonce�oom_T. 6Mc meeffng on proposed Council citizen participation program. ManagyementCommittee - Thursday, Jan. 24, 3 p.m., Council Chambers. The comifffee_ wrTT-rs-cuss the 1985 staff compensation plan. Metropolitan_ Council - Thursday, Jan. 24, 4 p.m., Council Chambers. -Oafh of office for Mary K. Martin, new Council member. Metropolitan and Community Development Committee report: position on a high school for the arts. Metropolitan Systems Committee report: Metropolitan Waste Control Commission (MWCC) request for 1984-88 development program amendments for Metro Plant central laboratory rehabilitation project and Savage interceptor - treatment plant phase -out.; MWCC 1984 capital budget amendment; speedskating rink site and program selection. Management Committee report: approval of collateral for investments; recommendations for a local planning assistance loan; amendment to cost agreement for the Ramsey/Washington Waste -to -Energy project; contract authorization request for Environmental Research and Technology, Inc.; contract initiation and authorization request for a health care expenditure survey; agreement with Mn/DOT for distribution of FHWA planning funds. Environmental Resources Committee report. Chair's report: Council officers for 1985; standing committee assignments; resolutions recognizing the cantributions of Robert Johnson as chair of the Criminal Justice Advisory Committee and the Criminal Justice Advisory Committee members; Transportation Advisory Board appointments. RTB Administration and Finance Committee - Thursday, Jan. 25. 5 p.m., RTB Board Coara I. TFecomnfffee_wfTT review cowne�s made at the public hearing on the operating budget. 1,iatior: Policy Plan Task Force - Friday, January 25, 9 a.m., Conference Rooms A-6B. TFe-fas>< force wfTT review the aircraft noise abatement policies a,4 the military and ultral.�ht (powered hang gliders) activity Forecasts. Advisory Committee on A41n - Friday, January 25, 10 a.m., Council Chambers. TFe cominTftee wiTT review the committee's organizaVr n and schedule for 1985, the process for revision in Title III funding polic end the report of the Long -Term Care Task Force. TO: City Council FROM: Joan Lattin, Office Coordinator DATE: January 24, 1985 SUBJECT: Association of Metro Municipalities Policies and Legislative Proposals Attached is a copy of Policies and Legislative Proposals adopted by the A.M.M. membership. The City received only one copy, if any Council member wishes to have a copy please let ne know and the A.M.M. will send additional copies. The A.M.M. has sent copies to every State Senator and State Representative. Direst contacts with your Senator and Representative in support of the A.M.M. Legislative Program is encouraged. L c,.( q: W1.101.'KA CON1,7 r Vt.7 K,%✓`1PiCI A G E N D A Regular Meeting, 7130 p.m., Wednesday, January 23, 1985 TONRA BAY VILLAGE HALL 4901 Manitou Road (County Road 19), Tonka Bay 1. Public gearing - Ultrelights, 7 p.m 2. Call to Drier ECtIMYOF 0�/'!.� 3. Roll Call Minutes - December 5, 1984 Treasurer's Report O Monthly Financial Report Bills i ittee Reports WATER STRUCTURES 6 ENVIRONMENT COMMITTEE (1) Cuses Ittee Report (a) 1985 Dock Licenses (b) 1985 DMA Permits (c) Future Pubiic Hearings (d) Deicing Permits (a) Deicing Program (f) Other (2) Action Items (a) 1985 Dock Licenses (b) 1985 DNA Permits (3) Other B. LAVE USE COMMITTEE (1) Committee Report (a) Special Event Applicat i,— - Wayzata Chamber ,mmerce (b) „ ° „ New (e) Renewals (d) Ultralight Public gearing (e) 1965 County Lake Maintenance Program (f) Special Fvent Stipulation Review (g) Water Patrul Report (h) Other (2) Action Items (a) Special Lvr:,t Permit: Wayzata Chamber of Commerce ,) 19AS County Lake Maintenance Pregram her C. .AECUTIVE COMMITTEE 7. Other Business A. Annual Dinner B. Q Ter R. Ad ourrvet,: 1-19-85 LAKE MINNETONKA CONSERVATION DISTRICT REGULAR MEETING TONKA BAY VILLAGE HALL December 5, 1984 The regular meeting of the Lake Minnetonka Conservation District CALL TO was called to order by Chairman Brown at 7:30 p.m. on Wednesday, ORDER December 5, 1984 at the Tonka Bay 'illage Hall. Members present: Richard Garwood (Deephaven), Robert Brown (Green- wood), Robert Pillsbury (Minnetonka), Donald Boynton (Minnetonka Beach), Jon Elam (Mound), JoEllen Hurr (Orono), Robert Rascop ATTENDANCE (Shorewood), Ron Kraemer (Spring Park), '.:d Bauman (Tonka Bay), Richard Soderberg* (Victoria), and Robert Slocum (Woodland). Communities represented: Eleven [11). *Arrived late. Rascop Moved, Elam Seconded that the minutes of the October 24, MINUTES 1984 meeting be approved. Motion, Ayes [10), Nays 10). Bauman Moved, Hurr Seconded that the Treasurer's Report be approved TREASURER'S and the bills paid. Motion, Ayes [11), Nays [0). REPORT WATER STRUCTURES 6 ENVIRONMENT COMMITTEE: Rascop reported that the committee reviewed the revised proposal at Lord Fletcher$ of the Lake, and tabled the dock and density applications in Lite absence of the applicant. Other 1985 dock license applications were reviewed and recommended for approval with modifications as noted to stipulations. The committee reviewed the various dock plans and stipulations for Schmitt's Marina and held the matter for conFultation with the applicant. The committee reviewed the Code amendment to exempt governmental agencies from ramp license fees, and recommended first reading to the Board. The committee reviewed the 1985 deicing program, including notice to licensees, inspection, and enforcement. Matters of reviewing temporary structure permits and the shoreline study were continued. In order to update District records, stipulations on dock applica- DOCK tions were reviewed; the program will be applied to all 1985 dock STIPS license applications. REVIEW LMCD Board Minutes December 5, 1984 Page 2 The committee de#.ermined to pursue the removal of temporary strut- TEMPORARY tures, especially removal of mooring buoys, in cooperation with STRUCTURES the Water Patrol this fall; the committee ordered a news release encouraging buoy removal before freeze-up. Bauman Moved, Kraemer Seconded that the committee report be ac- cepted. Motion, Ayes 1101, Nays 101. Elam Moved, Bauman Seconded that the following dock license applica- tions be approved subject to village response: Cedarhurst Association Walden Tract X Property Owners 1985 Clay Cliffe Homeowners Assn. Walter's Port DOCK Lord Fletcher Apartments (subj to Wayzata Bay Tenancy LICENSES 10-3-84 Density permit) West Beach Apartments Victoria Estates motion, Ayes 1101, Nays 101. LAKE USE COMMITTEE: Pillsbury reported that the committee was advised of the renewal applications for Lord Fletcher's broomball events and for the Wayzata Fire Department's ice fishing contest. The committee reviewed the proposed Code amendment to restrict the riding on a boat transom while under way. After discussion of the need for modification to include any added platforms or deckage for swimmers or water skiers, the committee recommended first reading to the Board, as modified. In discussing the need for getting as many charter boats as possible registered for 1985, it was suggested that all Board members check with their respective cities to help identify any additional charter boat operators. The 1985 Lake Use study was held for further review. Standardizing stipulations for Special Events was also held for further review. Safeguards for the proposed trail at Crays Bay Dam were reviewed; the committee recommended Board approval of the proposal. The Water Patrol reported that activity has been reduced substan- tially to on -call basis. Navigation buoys are being removed with only the main channel markers remaining, to aid late large -boat WATER PATROL removal. The Patrol is working with the LMCD to standardize deicing REPORT program procedures. Very few mooring buoys are left out this year; efforts are being made to encourage removal. The U.S. Coast Guard's guidelines for intoxication control should be available shortly. LMCD Board Minutes December 5, 1984 Page 3 Boynton Moved, Bauman Seconded that the committee report be accepted. Motion, Ayes (10), Nays (0). Elam Moved, Hurr Seconded that the safeguard plan for the trail at the Grays Bay Dam be recommended for approval as proposed. Motion, Ayes (10), Nays (0). EXECUTIVE COMMITTEE: Brown reported that the committee reviewed a contract for LMCD inspection service and recommended Board ap- proval making the contract term continuing. Dock license and DMA applications are in for 1985, penalty period beginning December 3. The City of Mound requested a later due date, such as January 10, because of budgetary problems. The committee forwarded the request to the Board, subject to legal review. The committee was advised that late fees for summer Special Events have now been received. TRAIL RECOS SP EVENT LATE FEES After discussion of the deicing enfnrrement procedure, the committee DEICING ordered a memo for the Board meeting covering the LMCD deicing PROGRAM program. Very few mooring buoys remain aro-ind the Lake, articles and news BUOY releases have been published. The Water Patrol will followup REMOVAL on the cuoys that remain after ice is in. In other matters, no action was taken on the Wayzata School S.O.S. letter or on the Art Lee retirement lunch; recent newspaper articles regarding the Causeway were distributed; the final 1984 followup on the Save the Lake mailing was made November 29; and the committee made no recommendation concerning changes in official depository and newspaper designations. Brown Moved, Garwood Seconded that the contract for LMCD inspection INSPECTION service be approved. Motion, Ayes (11), Nays 101. CONTRACT Slocum Moved, Pillsbury Seconded that marina operators who request a delay in paying the December 1 dock license fee be granted an extension for at least half the amount of the fee without late DOCK fee penalty. Motion, Ayes (4), Nays (7), Boynton, Pillsbury, FEES Slocum and Soderberg voting Aye; motion failed. The chairman will respond to the letter which requested a delay. Bauman Moved, Rascop Seconded that a letter be mailed to deicing DEICING permittees specifying that tickets will be issued for violations. TICKETS Motion, Ayes (11), Nays (0). I LhiCD Board Minutes December 5, 1984 Page 4 CODE AMENDMENTS: Elam reading of the Code from ramp license f.:es waiv and that the Moti, ,yes [11), Nays Moved, Pillsbury Seconded that the first CODE amendment exempting governmental agencies AMENDMENTS: be accepted, that additional readings be RAMP FEE amendment be adopted (Ordinance No. 69). EX.EMPTION, [0). Elam Moved, Rascop Seconded that the first reading of the Code TRANSOM amendment regarding riding on transoms be accepted, that additional RIDING readings be waived, and that the amendment be adopted (Ordinance No. 70). Motion, Ayes [11), Nays [0). OTHER BUSINESS: Hurr Moved, Boynton Seconded (1) that the official OFFICIAL depository for the District be the Wayzata Bank 6 Trust Company, DEPOSITORY reaffirming Resolution No. 46 of October 24, 1984; and (2) that 6 the official newspaper designation of the District be the Lake NEWSPAPER Minnetonka Sun/Sailor with publications to appear also in The Laker/Pioneer and in the Wayzata Weekly News/South Shore Weekly News. Motion, Ayes [11), Nays [0). Boynton Moved, Pillsbury Seconded that the winter synopsis card WINTER be approved. Motion, Ayes [11), Nays [0). CARD It was reported that the PCA informed the District that the amounts of boat anti -freeze and spent muriatic acid for boat cleaning ANTI -FREEZE purposes, which are currently draining into the Lake, are too smell to be a pollution factor; I, ever, monitoring will continue. ADJOURNMENT: Brown Moved, Bauman Seconded at 8:55 p.m. that the ADJO'.,RNED meeting be adjourned. Motion, Ayes [11), Nays [0). Submitted by: JoEllen L. Hurr, Secretary Approved by: Robert Tipton Brown, Chairman 6:30 Cocktails The westonka Area Chamber of Commerce Cordially invites you to the Third Annual WESTONKA MID=,WINTER Lafayette Club q, February 23rd, 1985 8:00 Dinner & Dancing Music by the L z "New Vintage" Dinner Choices: Chicken Kiev or New York Sirloin $2250 per person Buy tickets early or purchase For table reservations at the Jan. 16th (maximum 10 per table) call: General Membership meeting. Lafayette Club, 471-8493 IReservaivons must be made by Feb.19, 1985) TICKETS AVAILABLE AT THESE LOCATIONS: • 1st National Bank of the Lakes • State Bank of Mound (Spring Park and Mound) • Flowers by Helen • Mound Medical Clinic • Westonka Interiors • S-0-S Printing • Lafayette Club s-0-s Printing I ARE YOU BRINGING A GUEST TO THE JANUARY GENERAL MEMBERSHIP MEETING? MAKE SURL THAT YOU LET THE OFFICE KNOW EARLY. THANKSI! IS YOUR 1985 MEMBERSHIP STICKER UP YET? President's Letter: Hello and Happy New Year! This is my first official address to the membership es 1985 Presi- dent of the Westonka Chamber of Commerce. Perhaps I .should begin by telling you a little about me I am 38 years old. My wife's name is Dana, aiid we have two boys, Andrew, age 5, and Cameron, age 8 months. I am the General Manager of Lafayette Club where I've worked since 1978. I became involved in the Chamber 2 years ago at the invitation of Jerry Longpre and Dick King. Those are some lacts about me, and though they are important pieces of information, they don't answer the question, "Who am I", from the perspective of the Westonka Chamber. I hope during the next year I can begin to answer that through my words and deeds a^ a member of the Chamber. My honest feeling is that the Westonka Chamber is not clearly defined, neither to the community in general nor the membership in particular. I've en- countered "war stories" from the past that led to alienation of some of ourbusiness people. I've heard a lot about what can't be done and what the problems of the community are. I don't expect to resolve much of that in one year as President of the Chamber. - -, I do oelieve, very simply (perhaps naively), that the Chamber is a positive force in the community. My major ob- jective is to follow the lead of our outgoing President, Ted Koenecke, and concentrate the Chamber's efforts on those endeavors where we've had a measure of success in the past. Some of our mission statements are: We want to support the Retail Business Councils. We want to expand our membership. We want to raise community awareness to social and business needs. We want to build a stronger relationship with our neighboring Chambers. Most of you belong to other organizations and may nave served as officers oron committees. You know that the quality of the organization is based entirely on the quality of the effort by its members. I've been told that you get back what you give —in which case these talks should be much enriched by their Chamber experience because their support has been above and beyond. PAUL POND, from Reed & Pond Attorneys -at -Law, is going off the board. He is a past Presi- dent of the Chamber, and I know will continue to respond when we call on him for advice and help. AUDREY SCHULTZ, sales associate with Merrill -Lynch Realty and also Lindberg -Carlson Galleries in the new Riverplace development downtown. If Audrey had been paid minimum wage for her volunteer hours over the years, she'd probably be retired on her own South Pacific island right now. t TED KOENECKE, outgoing President but still on the board. Ted .manages his own company and has brought a keen perspective to the Chamber Board and has helped it locus on the rhamber's role in the community CHIC REMIEN, to nany people, "The Chicken" is the Chamber. Chic is the Executive Direc- tor, which means she works full-time hours with an overtime effort on a part-time salary_ Without her there might not be a Chamber. For those who have stayed with me this far —thank you. i hope I get to know more of you /n the coming year, and I hope to have more of you get to know the Chamber. *,'+ i Stephen R. Wood President ,.. IS YOUR 1985 MEMBERSHIP STICKER UP YET? weslonka area chamber of commerce OFFICERS 5600 Lynwood Boulevard, Mound, MN 55364 - 472.6780 President. Steve wood Executive Vice -President: Chic Remlen Pressure: -Elect: Diane The Treasurer Donne tmnes y - - Secretary: Roger Finnes - DIRECTORS: Past-Pres.:Ted Koenecke John Burger Chamber Moves Helen Daum Pat Meisel Carol Pusch JANUARY 1985 Dan Regan Dave Simonson George Stevens ANNUAL MEMBERSHIP MEETING Minnetonka Mist January 16th — 11:30 Social, 12:00 Lunch Featuring: 1985 .1985 Goals and Projections Mid -Winter .1984 Annual Report Ball Tickets and "State of the Cities Forum" Representatives from our member cities will tell us what is new and answer questions from the floor. So bring your questions! Please make your reservations by noon, Tuesday, Jan. 15th! 472-6780. Attention All Members: This is our Membership Drive month! You can help to make it a huge success by making sure that you attend this meeting w."h a potential new member as your guest. Every prospective new member will be a guest of the Chamber for lunch. If you would like the name of a non- member to invite, please call Chic right away (472.6780), 471-7297). This is a great chance to net%ork! Let's make this our best meeting ever. If you only make one meeting a year, this shoild be itl THIS IS MEMBERSHIP MONTH — SO TALK IT UP!l Please call the office if you have any questions on your billings. Dues deadline Is Feb. 28 for Inclusion in the 1985 Direc- tory. Let us k.tow if that places a burden on you so that we can make other arrangements. Publication date for the Directory is March 31. We are again committed to distributing 7500 copies but would love to increase the number. Increased distribution will depend on In- creased advertising!! Ad prices start at just $25.00 — a real bargain! Ad copy must be sub- initted ready for printing to SOS by Feb. 28. (SOS will help you prepare your ad if neces sary.) Let's set a goal of 10,000 distribu- tion through increased advertisi.ng!! The December General Membership Meet- Ing was a smash. Special thanks to the Grandview Gals and their director. Jane Bram billa, and Grandview Assistant Principal Pam Myers. Thanks also to those who sponsored the Gals for lunch, brought donations, and to Con. tel for providing the Gals corsages. This meeting proved that reservations are a must if you want to be assured of seating, because we ran out of room and were forced to turn away some who were without reservations. Not a happy thing to have to do. Also, please make special note of each meeting's loo-ation. We do move around — right C.P.? Janr is at the Mist! COUNCIL REPORTS GOVERNMENTAL AFFAIRS: The December meeting was used for discussion within the group about its direction and goals, and it was decided to continue with the emphasis on be- coming more informed on major issues through outside speakers and member presen- tations. The topic schedule through March was set. Topics and responsible members are: Jan. - Taxation - Rep. John Burger, Speaker: Pat Westoff, Minnesota Taxpayers Association, Director of Research. Feb. - Hazardous Waste - Dave Anderson, NSP. Mar. - Education - Senator Gen Olson. Dan Regan, C.P.A., was unanimously named to continue through 1985 as the chair of this Council. The croup also thanked Paul Norris, Advanced Machine, for his excellent, thought- ful presentation on the Worker's Comp. ques- tion in Minnesota. RETAIL: Mound - elected officers for 1985 -Bi!I Holm, Laker/Pioneer, Chair Dave Klein. Video One, Vice -Chair: Helen Halvorson, Rus- tique, Secretaryffreasurer. Preparations are underway for a Mid -February Crazy Daze/ Presidents Day consolidated clearance sale at the Legion. Call Rick Anderson, Laker/Pioneer (472.1 145, 472.1 140), for more information. Spring Park - launched its first promotion in Dec. Did you participate? Please corne to their meeting on Jan. 16. The people spearheading this group are Sandi Bothern, McDonald's. 471 7069. Clara Paz, Dueber's V&S Store. 471-7944: Gus Knott. Town & Country Foods, 471 0159. Joint Retail Planning Group - had its first meeting in Dec The group consists of Lynette McCullough, Lynette's: Gus Knott: Dave Klein. Sandy Bothern; .John Royer, Ben Franklin. Clara Paz, and Ch;c Remlen. They are in the early stages of a iojnt promotion for the month of April. Watch the Feb. newsletter for more in formation CALENDAR Jan. 3 - Go,,er-imental Affairs, Lafayette Club, 7:30 a.m. Jan. 9 - Joint Retail Planning Group, McDonald's, 8:00 a.m. Jan. 10 - Board of Di.-ectors, 7:00 a.m., Twin Birch. Note date change! Jan. 12 - Dedication of the State Historical Marker for Lake Minnetonka, presented by the Westonka Historical Society and the Visual arc! Perfurming Arts Council of Westonka, Mound Depot, 2-4 p.m. this is a real accomplishment on the part of our Historical Society, and we urge you to attend the festivities! Jan. 15 - Mound Retail Council, Community Serv'ces Bldg, 7:30 a.m. Note date change - this month only! Jan. 16 - Spring Park Retail Council, MCDonalrl's, 8:00 a.m. Jan. 16 - General Membership Meeting, Minnetonka Mist, 1 1:30 social, 12:00 lunch. Remember to bring a guest and make reservations by noon, Tues., Jan. 15, 472.6780. Let's have a super turnout to start out our most promising year ever! Feb. 5 - Mound Retail Cour,:!I. Feb. 7 - Governmental Affairs Council. Feb. 20 - No General Membership Meeting! See you at the Ball! Feb. 23 - 3rd Annual Mid -Winter Ball. Feb. 28 - Deadline for entry in the 1985 Directory and for advertising. WE NEED 10 SAY SOME SPECIAL Westonka Community Services Director THANK-YOUS TO: and Staff . for providing a sense of humor and Twin Birch • the ever gracious hosts fa, our stability when your Exec. occasionally loses it! monthly Directc--' meetings. These people and many more really give mean - Meisel Hardware • for donating the artwork ir-J to the spirit of "Working Together!" Thank and set up for our new brochure, "Chamber you! Thank you! Thank you! Membership! What's in It fo, Me?" Tonk-A-Phone for providing us with our Congratulations to our 1984 1985 Membership stickers. Christmas Decorating Winners! SOS Printing - for gracefully putting up with First place was a tie between Longpre's all the Chic'n's last minute requests and crazy Cloth-ng and the V&S Jewelers/Lansing Hair ideas. Design building. Honorable Mention went to: Donna Quigley, State Bank of Mound - for D'Vinci's Pizza and Deli and the House of Moy. being the best, most devoted treasurer any ThanKs to judges Paul Pcnd, Pat Meisel and organization ever had. Ted <oenecke. Working Together Working Together Working Together Working Together Working Together 5600 Lynwood Blvd. Mound Minnesota 55364 owslooko at -a chamber of conirmetce :C7'-4'1 ;ITY 0 F Of?UI'' City of Orono 1,.-'P.0. box 66 Cryrtal Bay. Mn. Bulk Rate ! us Postage PAID Mound, MN 55364 Permit 022 E i •;