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HomeMy WebLinkAbout05-28-1985 Council PacketMINUTES OF THE REGULAR ORONO COUNCIL. MEETING HELD MAY 28, 1985. PAGE 1 ATTENDANCE 7:05 PM The Orono Council met on the above date with the following members present: Acting Mayor Frahm, Councilmembers Lynn Adams and Tim Adams. Mayor Butler and Councilmember Grabek were absent.. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Public Works Coordinator Gerhardson, Police Chief Kilbo, Assistant Zoning Administrator Gaff ron, and Recorder Sutton. City Attorney Radio and City Engineer Cook were also present. CONSENT AGENDA* Councilmember L. Adams moved, Councilmember T. Adams seconded, to approve the Consent Agenda* as submitted, with all staf f reports concerning these items to be attached to an original copy of these minutes on file at the City Clerk's office. Motion, Ayes (3), Nays (0). CITIZEN COMMENDATIONS RESOLUTION 11763 RESOLUTION V 764 RESOLUTION V 7 6 `_> RESOLUTION f1766 Arthur Priez was present. Police Chief Kilbo was present. City Administrator Bernhardson presented Resolution #1764, to Arthur Priez commending his participation in the apprehension of a burglar. James Rick arrived later in the meeting at 7:25 p.m. City Administrator Bernhardson presented Resolution #1763, to James Rick commending his participation in the apprehension of a burglar. City Administrator Bernhardson noted that Frank and Barb Peterson will not be present tonight to receive their resolutions of commendation and the City will mail their resolutions to them. Acting Mayor Frahm moved, Councilmember L. Adams seconded, to approve Resolution #1763, A Resolution commending James Rick in his participation in the apprehension of a burglar. Motion, Ayes (3), Nays (0). Acting Mayor Frahm moved, Councilmember L. Adams seconded, to approve Resolution #1764, A Resolution commending Arthur Piresz, Jr., in his participation in the apprehension of a burglar. Motion, Ayes (3), Nays (0). Acting Mayor Frahm moved, Councilmember L. Adams seconded, to approve Resclution 01765, A Resolution commending Frank Peterson in his participation in the apprehension of a burglar. Motion, Ayes (3), Nays (0). Acting Mayor Frahm moved, Councilmember L. Adams seconded, to approve Resolution #1766, A Resolution commending Barb Peterson in her participation in the apprehension of a burglar. Motion, Ayes (3), Nays (0). MINUTES OF THE REGUI..AR ORONO COUNCII. MEETING HELD MAY 28, 1985. PAGE 2 APPROVAL OF MINUTES* Councilmember L. Adams moved, Counci.lmember T. Adams seconded, to approve the regular Council minutes of May 13, 1985 as submitted: Motion, Ayes (3), Nays (0). PARR COMMISSION COMMENTS There were no Park Commission comments. LAKE MINNETONKA CONSERVATION DISTRICT REPORT Representative Jo Ellen Hurr was prese;.c. Hurr informed the Council that a lake inspection tour is scheduled for August 3, 1985, at 11 a.m. Hurr stated that the LMCD is evaluating deicing procedures for marinas. Hurr reported that the LMCD is evaluating the storage of boats on the lake. Hurr explained that there are 3 full-time water patrol officers and 20 volunteers. Hurr stated that the DWI law was adopted by the LMCD but noted that the water patrol cannot require a person to take the DWI test if the boat is not moving and that the only time a DWI ticket can be issued is if the boat is actually moving. Hurr noted that as requested by the Council, she contacted Chaska Marina and has set up two appointments with Chaska and that they have cancelled both times. Acting Mayor Frahm felt that there should be more water patrol people patrolling the lake. Frahm asked for a response from the LMCD regarding the lobbying against the DNR if they propose more public accesses to the lake, Frahm felt that the DNR should fund the extra water patrol people that will be needed. PLANNING COMMISSION COMMENTS There were no Planning Commission comments. PUBLIC COMMENTS There were no comments from the public present. #911 TIMOTHY SCHOEN 41 WILLOW DRIVE NORTH VARIANCE RESOLUTION #1767 PUBLIC HEARING 7:41 - 7:50 PM Acting Mayor Frahm called for the public hearing at 7:41 p.m. concerning Tim Schoen's variance application to construct a new home. Building& Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Tim Schoen was present. Bill Wear of 36 Hackberry Hill was present for this public hearing. Bill Wear of 36 Hackberry Hill noted that he owns the property west of this property. Wear noted that there is a fence across the back of his property but that the fence does not denoto the exact property line. Wear explained there there have been drainage problems in this area. Wear stated that MINUTES OF THE REGUTAR ORONO COUNCII. MEFTI NG HELD MAY 28, 1985. PAGE 3 years ago he came before the Council to get permission to install a tile from Watertown Road to Hackberry Park. WFaar noted that he used to own the lots in this area and subdivided them. Wear stated that a drainage problem was created and that the subject lot being discussed tonight used to be the low lot in the subdivision and at one time had cattails in it. Wear explained that he sold the lot that the home they used to live in and built the home they live in now, he had to dig 2 1/2 feet of dirt to make his lot lower than the surrounding lots. Wear noted that the soil was a gray sandy loam and contained water. Wear stated that he tiled from his home out around the south, east, and north boundary lines and a couple of years later the subject lot with cattails on it dried up and became a likely spot for a vegetable garden. Wear stated that it is the only way the water can flow across his lot. Wear asked that the City assure him that the grade on 41 Willow Drive be kept the same and not create any retaining ponds to keep the drainage onto his property. Wear stated that is has been brought to his attention that the City of Orono held this hearing to expedite things and that the City was only interested in Schoen's $150 fee for the variance application. Wear asked that the City consider refunding the applicant's money because the City issued the building permit before the public hearing. Building & Zoning Administrator Mabusth explained that the Council was polled on this variance application and that in order to allow the construction to be expedited the application was brought before the Council. Acting Mayor Frahm closed the public hearing at 7:50 p.m. Councilmember L. Adams moved, Councilmember T. Adams seconded, to adopt Resolution #1767, A Resolution Approving a Variance to allow construction of a new residence. Motion, Ayes (3), Nays (0). #876 RANDY ASPLUND 3424-3444 EASTLAKE STRM.7 VARIANCE RESOLUTION #1768 Randy Asplund was present. Assistant Zoning Administrator Gaffron explained that staff drafted a resolution of denial per Council directive. Gaf f ron stated that the appl i cant is now requesting a screcried-in porch and that would probably require tradeoffs in hardcover. Acting Mayor Frahm felt that the applicant is requesting too many significant changes that the application should be referred back to the Planning Commission. Frahm noted that the City has never approved detached floating slab decks within the 0-75' setback zone before. Randy Asplund explained that he has sold one of the homes and that the owners would like an answer regarding the patios as soon as possible. Asplund agreed to remove the patios but would like to know what tr, do with it after the patios are removed. MINUTES OF TILE REGULAR ORONO COUNCIL MI•FTING IIELD MAY 28, 1985. PAGE 4 Acting Mayor Frahm advised Asplund that after try., patios are removed, that the ground should be sodded. Councilmember L. Adams noted that he has a problem approving anything in the 0-75' setba,�k area. Councilmember 1,. Adams moves Acting Mayor Frahm seconded, to adopt Resolution #1768, A Resolution denying variances for the fence and patio concrete request with a deadline date for removal of patios for June 15, 1985, for 3424 Eastlake Street and July 23, 1985, for 3444 Eastlake Street and the request for deck platform and screened porch to be referred to the Planning Commission for their review. Motion, Ayes (2), Nays (1). Councilmember T. Adams voted nay. #897 CHUCK PETERSON 825 OLD LONG LAKE ROAD PRELIMINARY SUBDIVISION Chuck Peterson was present. Assistant Zoning Adminis- trator Gaffron stated that the surveyor reconfirmed the dry buildable area that Council requested at the last meeting. Gaffron confirmed that there is 2.0 3cres of dry buildable per lot in the area identified strictly as a seasonal drainageway. Councilmember T. Adams moved, Councilmember L. Adams seconded, to approve the preliminary subdivision application of Chuck Peterson. Motion, Ayes (3), Nays (0). #903 WARD FERRELL 3405 WATERTOWN ROAD ZONING APPEAL Mr. and Mrs. Ward Ferrell were present. Assistant Zoning Administrator Gaffron explained that the applicant was brought in under a zoning appeal in order to save the applicant some money. Gaffron explained that if the applicant had applied for a variance that the application would be more costly and with 0, , Council's past precedents the Council would probably h:. ienied the application. City Attorney Radio asked hr much the full variance application would have cost. Ra�.io noted that by allowing this applicant the appeals procedure the City is saving the applicant money, but by handling this matter the City is not treating this application as a variance and not using the same standards. Radio noted that the decision reached tonight does not presume that the same decision would be reached on a formal variance application. Assistant Zoning Administrator Gaffron stated that the variance application would be $150, plus the applicant's expense for additional surveying work, plus the extra expense for septic testing for each lot. Gaffron estimated MINUTES OF THE REGULAR ORONO COUNCIL ML•'ET1NG HELD MAY 28, 1985. PAGE 5 #903 FERRELL that the application could have cost the applicant $1,000 just to get denied. Gaffron noted that staff felt tnat the applicant could get some general direction from the City under the zoning appeals application process. Assistant Zoning Administrator Gaffron explained that the Alden Anderson application is very similar to this Ferrell application. Gaffron explained that the applicant owns four adjacent tax parcels totaling 2.90 acres. Gaffron noted that the applicant wishes to obtain a building permit for the 1.04 acre lot. Ward Ferrell stated that he has owned the land since 1948 and built the existing home in 1958. Ferrell stated that he bought and has saved this land with the intent to build his retirement h 'ie. Ferrell stated that Herb Ross (former Orono Mayor, had requested him to divide his property. Ferrell stated that as a favor to Ross and the City and to stop trouble in the future, he divided the property into four parcels. Ferrell stated that then the zoning changed in 1967 and at the time the hearing was held regarding this zoning change, he asked whether it would affect existing lots and he was told no by the City. Ferrell noted that he is willing a parcel of land for his daughter to build on. Ferrell stated that in 1980 the Stubbs Bay Marina was divided and the City allowed very small lots. Ferrell felt that he should receive the came treatment that Stubbs Bay Marina had received. Acting Mayor Frahm explained that the City agreed to smaller lots in the Stubbs Bay Marina because the City felt that it would be a less intense use on the property with residential units rather than the intense use of the commercial marina. Frahm stated that there were very extenuating circumstances with the Stubbs Bay Marina and shouldn't be used to compare with this application since the circumstances were significantly different. Ward Ferrell asked if the City was going to honor what Herb Ross requested. Ferrell stated that Ross told him to contact George Hanson ( former assessor for Orono) to see what the lot sizes should be when he was subdividing the property. Ferrell stated that Hanson told him 140' width for each lot. Acting Mayor asked staff what the typical lot size is in the neighborhood. Ward Ferrell stated that the average lot size is one acre and only one parcel is two acres. Councilmember T. Adams asked how many units the applicant is requesting out of a total of 2.9 acres. Assistant Zoning Administrator Gaffron answered that the applicant is requesting a total of three building sites (one existing, one for the retirement home, one for his daughter ) . MINUTES OF THE' REGIVL AR ORONO COUNCIL. MEETING ILELD MAY 28, 1985. PAC #903 FERRELL Zoning Administrator standards changed when the applicant. Mabusth not <;, that in 19L the zoning code v. s revised effete Acting Mayor Frahm explained that it is hard for :. j=e City to honor a verbal opinion that was made in 1967. Frahm felt to be fair to the applicant that he would consider two building sites, but certainly not three building sites. Councilmember T. Adams stated that before deciding the Council should see all relevant background information. Councilmember L. Adams symphathized with this type of problem when the owner purchases property and keeps it with the .intent in the future to build on the property only to have the zoning code standards change. Adams stated that he cannot see installing three septic tank systems on three small lots since the septic tanks will be the permanent system installed there. Adams noted conceptually that he would consider two building sites only because of the problem that the applicant owned the property with the intent to build in the future only to have the zoning code standards change. Adam noted that if it weren't for that reason he would not even consider two building sites. Adams stated that when the septic systems are placed too close together on small lots such as these, there are potential problems with ground water contamination when these systems fail. Acting Mayor Frahm expressed his concern that if the City approved three lots that the City would create a density pocket similar to the Crystal Bay neighborhood in which the City would have to go back in the f uture to correct the problem by sewering the area. Ward Ferrell stated that his septic system is 28 years old and has never had a problem with leakage. Ferrell pointed out that he has paid taxes on the property as if they were buildable lots since 1948 and now he cannot use the property. Ferrell stated that up until two years ago they paid taxes on the two vacant lots as if there were separate building rites. Ferrell noted that two years ago the taxes were lowered from $11,000 to $5,500. Ferrell explained that he has already told his daughter that she can have the lot and he is not going back on his word. Ferrell asked if the City was going to honor what Herb Ross told him years ago. Acting Mayor Frahm stated, in his opinion, no. Mrs. Ferrell asked if the City was going to refund their taxes that they have paid for buildable lots all these years. City Administrator Bernhardson stated that should a variance be applied for that in the review it should be considered what position the applicant would have been in if he had not. suWivided the property. MINUTES ON THE REGULAR ORONO COUNCII, MEETING I1FLD MAY 28, 1985. PAGE. 7 #903 FERRELL Councilmember L. Adams gave his opinion should t;-,e applicant apply for a val .once, he would be willing to consider a total of two lc `_s . Councilmember L. Adams moved, Councilmember T. Adams seconded, to affirm the staff's interpretation of the zoning code. Motion, Ayes (3), Nays (0). #908 i #924 JON SCHERVEN 2649 CASCO POINT RD (#908) VARIANCE - RESOLUTION (#924) CONDITIONAL USE PERMIT - RESOLUTION Jon Scherven was present with his father A.W. Scherven. Assistant Zoning Administrator Gaffron stated that the applicant proposes to build a two story addition over the existing concrete slab and deck on the lake side of his parents home. Gaffron noted that the applicant proposes hardcover tradeof f s, and that the proposed deck does extend into the 75' setback zone. Gaffron stated that the conditional use permit is required because the applicant is requesting to use the basement as a guest apartment for his parents who are retiring. Gaffron noted that applicant does propose a kitchen in the basement but has agreed that the second dwelling unit would never be rented out. Gaffron noted the Planning Commission did anprove the application subject to the following regarding the guest apartment use: 1 ) apartment for use of fami ly members only; 2 ) apartment use may not be conveyed to a purchaser; 3 ) guest apartment may not be rented out and such to be conf irmed by staf f yearly; 4 ) use is subject to City review at end of four years. Acting Mayor Frahm asked if a separate entrance is proposed for the guest apartment use. Assistant Zoning Administrator Gaffron noted that the main entrance would be used, but that once inside the main entrance, a door leading to the basement and a door leading to the upstairs is proposed. Zoning Administrator Mabusth explained that the Council did recently approve the Beck conditional use permit which is similar to this application. Councilmember L. Adams felt that the lot is really too small to support another dwelling unit. Jon Scherven explained that his parents have tried to sell the home and have not been able to. Scherven stated that he has of fered to buy the home, remodel it, and then they would be able to live in the basement. Scherven confirmed that he will agree to any st ipulations the Council wishes to place on the guest apartment use. MINUTES OF THE REGULAR ORONO COUNCII. MEETING fif:LU MAY 28, 1985. PAGE 8 #908 & #929 SCHERVEN Councilmember Frahm noted his concern for the future when the Schervens move out and the future owner may try to rent out the apartment. Frahm noted it is hard for staff to police such a use. Jon Scherven responded that the neighborhood would probably police itself. Councilmember I.. Adams suggested a compromise with one kitchen. Jon Scherven noted that one kitchen would be very inconvenient for all living there. City Attorney noted that the resolution could be written in a manner in which the parents would have no vested rights. Councilmember Frahm stated that the entrance to the home should appear as any other single family residence. Frahm stated that the twc doors inside the main entrance should be eliminated so that it does not seem that there are two dwelling units. Frahm noted that he has a problem with the deck extending into the 0-75' lakeshore 6etback zone. Councilmember L. Adams suggested an alternate plan to give the entrance a more open view and appear as one single family residence. Jon Scherven noted that with this plan it would not be very energy efficient with one door in the winter time. Councilmember L. Adams noted that the current proposal is a potential duplex plan. Council suggested tabling the application to allow the applicant time to redesign his plan. Jon Scherven explained that he is trying to sell his home in Mound and has a purchaser ready to buy if this application is approved. Scherven stated that he isn't sure if the purchaser will wait for two weeks for an answer. Councilmember Frahm moved, Councilmember L. Adams seconded, to conceptually approve the conditional use permit and variance application but to table application until June 10, 1985, and further directs staff to redraft resolution and applicant to redesign and submit his plan reflecting the following: 1. Peck and steps to remain outside of the 0-75' setback zone and not to extend beyond the side boundaries of the home. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 28, 1985. PAGE 9 2. Council will grant Conditional Use Permit for a guest apartment use if applicant redesigns proposal to eliminate doors and walls separating the basement and upstairs to give the entrance an open appearance. Motion, Ayes (3), Nays (0). #921 CHUCK VAN EECKHOUT 2135 SALEM COURT VARIANCE RESOLUTION Chuck Van Eeckhout was present. Assistant Zoning Administrator Gaffron noted that Van Eeckhout seeks a setback variance as a result of the new home being incorrectly placed too close to the lot line. Gaffron noted that either lot line rearrangement or variance application was needed. Van Eeckhout noted that the proposed home next door will be placed further from the lot line so as not to create crowding. Van Eeckhout stated that he will retain an easement over Lot 3 in favor of Lot 4. Council suggested that staff incorporate this easement requirement into the resolution. Acting Mayor Frahm moved, Councilmember T. Adams seconded, to conceptually approve variance application subject to staff redrafting resolution to reflect the easement condition as discussed. Motion, Ayes (3), Nays (0). Van Eeckhout asked if he could continue with the home until the resolution is adoptel. Council agreed to let the builder continue on the home. STATUS REPORT 3399 CRYSTAL BAY ROAD* ON CONSENT AGENDA BUT DISCUSSION WAS HELD Jerry Wheeler and Sandra George of 3399 Crystal Bay Road were present. City Administrator Bernhardson noted that this item was on the consent agenda for Council's information but noted that Jerry Wheeler was in the audience and asked Wheeler if he would like to address the Council. Jerry Wheeler stated that he would like to address the Council about the complaint against him. Wheeler explained that when he moved on the property he agreed to the variance conditions in good faith with every intent on following through with the condition to removing the hardcover. Wheeler noted that he did remove half -if the hardcover. Wheeler noted that when they were installing the basement prol)lcros to-gan with f lnc-)ding in the basement. Wheeler MINUTES OF THE REGULAR ORONO COUNCIh MEETING FIELD MAY 28, 1985. PAGE 10 3399 CRYSTAL BAY claimed that the gravel hardcover helps alleviate the water ROAD STATUS draining into his basement. Wheeler explained that he and Sandra have spent more money than intended on the basement and therefore haven't been able to f inish the project as soon as they would have liked. Wheeler noted that at the time they agreed to the variance conditions, they did not fully understand exactly what hardcover was. Wheeler noted that they did sod the entire yard when they moved in and eliminated much of the runoff. Wheeler stated that they would like a flat parking pad on his property where the remaining hardcover is because of the steepness of the grade. Wheeler explained that the compla it against him defeats his neighbors own complaint since Dick Carl was just requesting a parking pad for him because of the steepness of the grade. Wheeler noted that he has the same hardship with the steepness of the grade and should be allowed to keep the gravel hardcover for his parking pad. Wheeler stated that both of his neighbors have put hardcover in between their homes to keep the water out of their basements. Wheeler stated that they will comply with Council ':swishes. Wheeler asked the Council what he should do. Acting May-- Frahm stated that Wheeler would have to apply for a varian,:e if he wishes to keep the parking pad. Frahm noted Wheeler's other choice is to remove the hardcover and comply with the previous variance conditions. :Terry Wheeler stated that the City doer have the option of choosing which items that th- City will request to apply for a vari- nce. Wheeler noted that for two years .e asked the City to respond to his complaint against his neighbor and the City was very slow in responding, but his neighbor makes a complaint against him and in two weeks the City is ready to take action against him. Wheeler asked if his complaint against his neighbor has been issued through the proper channels. Acting Mayor Frahm stated that the City will play by the book and require the applicant to comply with the conditions of the resolution or file for a variance. Jerry Wheeler suggested that the Council not play by the book and if Dick Carl feels he has a legitimate complaint against him, then let Carl take him to civil court. Ccuncilmember L. Adams explained that regardless of Dick Carl's complaint this issue would have come before the City Council because Wheeler and George are in violation of the resolution they signed. Adams stated that he was on the Planning Commission at the time this variance was granted and that the Commission did a great ^al of sole searching in order to grant the 15' vari e. Adams stated that condition 13 in the resolution t;iat was approved states "seeding of gravel drive prior to final inspection by MINUTES OF THE REGULAR ORONO COUNCII. MEETING HELD MAY 28, 1985. PAGE: 11 3399 CRYSTAL BAY building inspector" and condition $4 states "the City will approve no f urther variances f or this property". Adams felt ROAD STATUS that the gravel drive on the west side of the hou - should be removed prior to final inspection by the )uilding _.;speccor. Councilmember T. Adams noted that the condition to remove the gravel was a primary condition and reason for the Council's approval. Jerry Wheeler noted that the final inspection has not been made yet because he has not quite finished the project. Wheeler asked the Council if he feels that he has a legitimate drainage problem and the gravel helps the problem can he not apply for a variance. City Attorney Radio noted that if an application was filed it would be a variance application to the original variance that was granted. Jerry Wheeler stated that if the City wants to stipulate that the City will take the legal liability if his truck rolls down the hill and kills someone or the liability for the water damage done to his basement he would feel differently. City Attorney Radio noted that these claims should have been brought up at the hearing of the original variance application. Building & Zoning Administrator Mabusth stated that if there are drainage problems, then we should find out what is creating those problems. MaY-isth advised that the burden is on the applicant to hire an engineer or whatever to determine the problem and a solutior -o the drainage problem. Council suggested Wheeler hire an engin=er to make a recommendation for the drainage problem. Council noted that if Wheeler wishes the parking pad to stay that he must apply for a variance or else comply with the original condition of the resolution. Councilmember L. Adams noted his feelings on the water problem in the basement is that it is not going be adversely affected if Wheeler removes the gravel area and sods the area. Adams stated that even with an engineer's report that claims the gravel area must stay to prevent water damage, it will be very hard to allow the gravel area to stay. Adams noted that she parking problem is different from the others neighbor. Adams noted that Wheeler has a three or four car garagt and owns a bigger lot than most of his surrounding neighbors. Adams found it difficult to believe that the gravel slab is essential. Jerry Wheeler stated that even with a triple car garage, he has trouble in the winter time getting into the garage because of the steel, incline. Wheeler stated that he did add gravel next to the house and it al leviated the water problem in his basement. MINUTES OF THE REGULAR ORONO COUNCII, MEETING HELD MAY 28, 1985. PAGE 12 STATUS REPORT ON 2695 CASCO POINT ROAD* Councilmember L. Adams moved, Councilmember T. Adams seconded, to accept staff's status report on 2695 Casco Point Road. Motion, Ayes (3), Nays (0). CITY ENGINEER'S REPORT PLAINS - OVERLAY ON WILLOW DRIVE i OLD CRYSTAL BAY ROAD City Engineer Cook reviewed with the Council the plans and specs for the Willow Drive and Old Crystal Bay Road overlay project. Acting Mayor Frahm reminded staf f that the culverts on Willow .,nd Watertown Road should be fixed to solve tine citizens ,:oblem with traffic shaking the home. Acting Mayor Frahm moved, Councilmember T. Adams seconded, to approve the plans and specs for the Willow Drive and Old Crystal Bay Road overlay project. Motion, Ayes (3), Nays (0). RELEASE FOR BIDS Acting Mayor Frahm moved, Councilmember T. Adams seconded, to direct staff to release the project for bids. Motion, Ayes (3), Nays (0). CABLE TV REPORT There was no cable TV report. TRANSPORTATION REPORT There was no transportation report. LIVINGSTON AVENUE DRAINAGE PROBLEM* Councilmember L. Adams moved, Councilmember T. Adams seconded, to accept ti.s Livingston Avenue drainage problem complaint and asked that staff invest gate the matter. Motion, Ayes (3), Nays (0). RESOLUTION #1769 RELEASE OF TAX FORFEIT LAND FOR SALE City Administrator Bernhardson noted six parcels of land that Koehnen wishes to repurchase together with his agreement to combine those parcels. Councilmember T. Adams moved, Councilmember Frahm seconded, to approve Resolution #1769 A Resolution Approving the release of tax forfeit land for sale. Motion, Ayes (3) , Nays (0). PETITION FOR STOP SIGN AT CASCO POINT ROAD i DUNWOODY Gail Nafus of 2580 Dunwoody Avenue w,!, present. Nafus stated that she circulated the petition already submitted to the City and received many signatures of people in favor of a stop sign, at Casco Point Road and Dunwoody Avenuv. Nafus MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 28, 1985. PAGE 13 emphasized the dangerous condition at this intersection and asked Council to consider ordering a stop sign to be located there. Nafus also requested a "slow children" sign because of the dangerous situation with speeding cars and the children in the neighborhood. City Administrator Bernhardson noted that this was an issue with the City in 1979 and the outcome was a reduction in the speed limit of 30 to 25 in that area. Bernhardson stated that the City needs to review the area and then come back to Council with a recommendation. Bernhardson suggested that Council just accept the petition tonight and staff will submit a recommendation at the June 24, 1985, Council meeting. Gail Nafus asked that the City expedite their review of the area and felt that one month was too long to wait. Nafus felt that monitoring the traffic will not reveal anything new. Councilmember L. Adams suggested holding a public hearing regarding the issue. City Administrator Bernhardson stated that staff will schedule a public hearing for June 24, 1985 regarding the request from the petition. PETITION NORTH SHORE DRIVE - PARKING PROBLEM Joe Bau of 3.144 North Shore Drive, James Erler of 3448 North Shore Drive, W.C. Odden of 3450 North Shore Drive, R.S. Prochnon of 3440 North Shore Drive, and Dan Regan of 3410 North Shore Drive were present from the audience regarding this petition. City Administrator Bernhardson stated that this petition was received at the last Council meeting. Bernhardson stated that the petition addresses pedestrian and bicyclist safety, trespassing, and disturbing the peace. Bernhardson noted that the City received a petition in 1982 to post no parking signs but the request was denied by the City. Bernhardson noted that the City is concerned with the elimination of 25 parking slots along the lake for vehicular and trailer parking since the DNR requires 700 public parking spaces around the lake and eliminatioi of the 25 parking spaces would require the City to allocate those 25 slots elsewhere. The five gentlemen from North Shore Drive expressed their concerns regarding the pedestrians and bicyclist on the bike path. They noted that they have constant problems with trespassers onto their private properties and also fisherman who even fish off their docks. They stated that emergency vehicles have had trouble getting through this area when the parking lot and road slots are full as there was no area to pull off the travelled portions of road. The neighbors noted that there have been many serious accidents in the area and the area has a safety problem. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 28, 1985. PAGE 14 Cit;•A,3ministrator Bernhardson suggested delaying action on the petition until staff can ,•,-)rk with the DNR and Hennepin County regarding the no parking signs. Bernhardson noted that Hennepin County will not take any action unless the CiLy recommends something. Acting Mayor Frahm explained to the neighbors that the DNR requires all cities to provide public access to the lake. Frahm stated that if the City fails to provide these public accesses the DNR could condemn property for the access. Frahm explained that staff needs to work with the DNR before the City can take any action on this petition. Councilmember L. Adams suggested that staff look into the possibility of placing a public dock onto the North Arm landing to eliminate the problem of the f ishermen seeking out private docks to do their fishing. SENIOR CITIZEN SPECIAL ASSESSMENT DEFERMENT City Administrator Bernhardson explained that five years ago the City of Orono adopted a resolution giving special assessment deferment options to senior citizens. Bernhardson stated that this is the fifth year of that agreement and the Counci.l must decide whether to make such a program renewable. Bernhardson noted present county guidelines and since those guildelines were last acted on in 1979 it should be appropriate at this time to update those guidelines. Acting Mayor Frahm moved, Councilmember L. Adams seconded, to make the special assessment deferment option renewable for senior citizens for a five year period and to adopt Hennepin County's guidelines. Motion, Ayes (3), Nays (0). REQUEST FOR EXECUTIVE SESSION City Administ.rato,:- Be itardson requested the Council enter into executive session after the regular Council meeting has adjourned. BOARD OF REVIEW MAY 30, 1985 City Administrator Bernhardson reminded the Council that 0 Board of Review meeting will be held on May 30, 1985, at 7: J p.m. in the Art. Center. FENCE ON SHORELINE DRIVE City Administrator Bernhardson stated that Hennepin County is exploring the right of way issue with the fence. Bernhardson noted a letter that Building 6 Zoning Administrator Mabusth had written to George Rovegno at 2010 Shoreline Drive. Art Tourangeau of 2060 Spates Avenue and Terry Morse of 2080 Spates Avenue were present. Tourangeau expressed his concern with the fence location and his view of the lake. M1,T"DES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY :'i;, 1985. PAGE 15 HENNEPIN COUNTY VOTECH PROPERTY City Administrator Bernhardson exp.:Aiined that the VoTech proposes a horse training faci lity in the City of Medina with access onto Homestead Trail a Hennepin County Road. Bernhardson stated that the VoTech might request hookups to the sewer and water lines to Orono. Bernhardson stated that it is his. understanding that if VoTech cannot get the hookups, that they propose an on -site septic system. Bernhardson stated that the proposal has passed the Planning Commission level in Medina and will be presented to the Medina Council next Monday. Bernhardson stated that some of the surrounding residents are concerned with traffic and potential pollution. Bernhardson asked for direction from Council about allocating potential sewer units for this use. Councilmember T. Adams stated that it is hard to argue against this type of land use since it seems logical to locate a horse training facility there. Adams stated that the residents are concerned with the ultimate level of the VoTech facility and potential location of the whole VoTech facility. Acting Mayor Frahm advised staff to allocate no units until the study of Highway 12 is completed. Frahm noted that the City will probably not allocate its own units for a Medina project since Orono is limited in its own number of units. City Engineer Cook stated that he had heard that VoTech wanted to hookup to Orono's lines but actually get the units from the City of Long Lake. City Administrator Bernhardson stated that Long Lake has also asked Orono if they can hookup to the Orono section of the lines for the Robb Motel project but allocate the units from Long Lake. Bernhardson noted that he will bring this back June 10, 1985 when he gets more information regarding this project. LOGIS OPEN HOUSE City Administrator Bernhardson reminded the Council of the LOGIS open house to be held May 29 & 30 from 1-5:30 p.m. RESOLUTION FOR DEFERRED COMPENSATION City Administrator Bernhardson noted that at the last Council meeting, Council passed a resolution for deferred compensation and the agency came back and askew that another form of the same resolution be adopted. Acting Mayor Frahm moved, Councilmember T. Adams seconded, to approve the changed form for the deferred compensation. Motion, Ay_s (3), Nays (0). MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 28, 1985. PAGE15 BIG ISLAND UPDATE City Administrator Bernhardson stated that the legislation has passed and anticipatesthat the title will not pass until August 15. Pernhardson noted that staff has posted all the buildings and sent notices to the State Commissioner of Veterans Affairs that the buildings must be boarded up and absent that, the City can do the work and can assess it against the Department of Veterans Affairs. Bernhardson noted that a meeting wi 11 be held 'Thursday with the Board of Governors to show them exactly what must be done with each cabin. Bernhardson stated that the Board of Governors will have to then make a decision whether to correct the violations, tear the buildings down, or sell. Bernhardson stated that they must make public notice to any interested public agencies that may be interested in buying. Bernhardson explained that in order to expedite the corrections, the City will start hazardous building procedures. COUNCIL POLLS Councilmember L. Adams felt that no more telephone Council polls should be done by staff and felt that it was an improper procedure and should not be used. Adams stated that this procedure should be avoided. City Attorney Radio agreed noting that at times it may be a violation of the open meeting law. CITY ATTORNEY'S REPORT STATUS REPORT AT 130 CYGNET PLACE City Attorney Radio updated the Council that the property still has not been cleaned up at 130 Cygnet Place and he is proceeding with a criminal complaint. LICENSES* Councilmember L. Adams moved, Councilmember T. Adams seconded, to approve the following licenses: Jimmies Lounge - Liquor License Renewal (on -sale) Long Lake Chamber of Commerce - Special Events permit Arnold Carlson - trapping permit Westonka Sewer & Water - Septic System Installer License Westonka Sanitation - Garbage Haulers License Alan Penke - Solicitors Permit Motion, Ayes (3), Nays (0). BILLS* Councilmember L. Adams moved, Councilmember T. Adams seconded, that the All Funds Accounts and Liquor Store Accounts be paid. Motion, Ayes (3), Nays (0). ADJOURNMENT 10:30 PH Councilmember L. Adams moved, Councilmember Frahm seconded, to adjourn the regular Council meeting at 10:30 p.m. and enter into executive session. Motion, Ayes (3), Nays (0). ATTE$T: r fDofothy M. llin, City Clerk Thomas M. FrAm, Acting Mayor COUNCIL MEETING MAY 2 88 AGENDA FOR COUNCIL MEETING SET FOR TUESDAY, MAY 28,//��19885, 7:00 P.M. (*) Asterisk items are considered to be routine items t l e QFaQqppQpon by one motion by the City Counc i 1 under the Consent Item* on the agenda. Discussion will be held upon request. ROLL CALL 1. CONSENT AGENDA* 2. Citizen Commendation - Resolution APPROVAL OF MINUTES * 3. Regular Meeting of May 13, 1985 PARK COMMISSION COMMENTS LAKE MINNETONKA CONSERVATION DISTRICT REPORT - Jo Ellen Hurr Representative PLANNING COMMISSION COMMENTS PUBLIC COMMENTS 7:30 P.M. Public Hearing 4. #911 Timothy J. Schoen, 41 Willow Drive North - Variance - Resolution ZONING ADMINISTRATOR'S REPORT 5. #876 Randy Asplund, 3424-3444 Eastlake Street - Variance - Resolution 6. #897 Janet and Chuck Peterson, 825 Old Long Lake Road - Preliminary Subdivision 7. #903 Ward Ferrell, 3405 Watertown Road - Zoning Appeal 8. #908 Jon Scherven, 2649 Casco Point Road - Variance - Resolution 9. #924 Jon Scherven, 2649 Casco Point Road - Conditional Use Permit - Resolution 10. #921 Chuck Van Eecklnut, 2135 Salem Court - Variance - Resolution *11. Status Report on Property Located at 3399 Crystal Bay Road *12. Status Report on Property Located at 2695 Casco Point Road CITY ENGINEER'S REPORT 13. Plans - Overlay on Willow Drive and Old Crystal Bay Road - MSA 14. Release for Bids MAYOR'S REPORT CABLE TV REPORT TRANSPORTATION REPORT CITY ADMINISTRATOR'S REPORT *15. Livingston Avenue Drainage Problem 16. Release of Tax Forfeit Land For Sale - Resolution 17. Petition for Stop Sign at Casco Point Road and DunwooCy 18. North Shore Drive Petition - Parking Problem 19. Senior Citizen Special Assessment Deferment 20. Request for Executive Session NGENDA FOR COUNCIL MEETING SET FOR TUESDAY, MAY 28, 1985, 7:00 P.M. ADMINIR RATOR'S INFORMATION 21. Board of Review May 30, 1985, 7:00 P.M., Art Center of Minnesota 22. Fence on Shoreline Drive 23. Hennepin VoTech Property 24. LOGIS Open House, May 29 and 30, 1-5:30 p.m. CITY ATTORNEY'S REPORT 25. Status Report on Property Located at 130 Cygnet Place LICENSES (26*) BILLS (27*) ADJOURNMENT TO: Mayor and City Council FROM: Mark Bernharson, City Administrator DATE: May 23, 1985 SUBJECT: Commendations In response to your direction at the Counci 1 meeting on May 13, 1985, the following individuals have been contacted and will be present at the Council meeting for presentation of the commendations. u City of ORONO RESOLUTION OF THE CITY COUNCIL NO. GENERAL COMMENDATION ARTHUR W. PRIESZ, JR. WHEREAS, on Sunday, April 28, 1985, a burglary was committed at the offices of Dr. Ohmann, 2169 West Wayzata Boulevard, in Orono; and WHEREAS, the efforts of Arthur W. Priesz,Jr. resulted in the arrest and charge of an individual for second degree burglary in connection with the breakin; and WHEREAS, Arthur W. Priesz, Jr. provided police with a good description of the suspect and was willing to participate at a lineup. WHEREAS, an alert and cooperative citizenry is essential to maintaining law and order; and WHEREAS, the City of Orono wishes to commend and encourage the involvment of its residents in the overall protection of the community and, NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby highly commends Arthur W. Priesz, Jr. on the above listed actions and express their gratitude, that Arthur W. Priesz, Jr. is willing to step foreward and be counted protecting Orono and maintaining it as a safe place to live. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held May 28, 1985. ATTEST: Dorothy M. Wallin, City Clerk Mary C. Butler, Mayor City of ORONO RESOLUTION OF THE CITY COUNCIL NO. GENERAL COMMENDATION FRANK PETERSON WHEREAS, on Sunday, April 28, 1985, a burglary was committed at the offices of Dr. Ohmann, 2160 West Wayzata Boulevard, in Orono; and WHEREAS, the efforts of Frank Peterson resulted in the arrest and charge of an individual for second degree burglary in connection with the breakin; and WHEREAS, Frank Peterson provided the police with a good description of the i Jividual suspect together with the license plate of the vehicle used; and WHEREAS, an alert and cooperative citizenry is essential to maintaining law and order; and WHEREAS, the City of Orono wishes to commend and encourage the involvment of its residents in the overall protection of the community and, NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby highly commends Frank Peterson on the above listed actions and express their gratitude. that Frank Peterson is willing to step foreward and be counted protecting Orono and maintaining it as a safe place to 1 i ve. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held May 28, 1985. Mary C. Butler, Mayor ATTEST: Dorothy M. Hallin, City Clerk City of ORONO RESOLUTION OF THE CITY COUNCIL NO. GENERAL COMMENDATION BARBARA A. PETERSON WHEREAS, on Sunday, April 28, 1985, a burglary was committed at the offices of Dr. Olimann, 2160 West Wayzata Boulevard, in Orono; and WHEREAS, the efforts of Barbara A. Peterson resulted in the arrest and charge of an individual for second degree burglary in connection with the breakin; and WHEREAS, Barbara Peterson provided police with a description of the suspect together with license number and subsequently participated in identifying the suspect in a lineup; and WHEREAS, an alert and cooperative citizenry is essential to maintaining law and order; and WHEREAS, the City of Orono wishes to commend and encourage the involvment of its residents in the overall protection of the community and, NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby highly commends Barbara Peterson on the above listed actions and express their gratitude that Barbara Peterson is willing to step foreward and be counted protecting Orono and maintaining it as a safe place to live. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held May 28, 1985. Mary C. Butler, Mayor ATTEST: Dorothy M. Hallin, City Clerk City of ORONO RESOLUTION OF THE CITY COUNCIL NO. GENERAL COMMENDATION JAMES RICK WHEREAS, on Sunday, April 28, 1985, a burglary was committed at the offices of Dr. Ohmann, 2160 West Wayzata Boulevard, in Orono; and WHEREAS, the efforts of James Rick resulted in the arrest and charge of an individual for second degree burglary in connection with the breakin; and WHEREAS, James Rick followed the suspect and not only obtained a license number of the vehicle together with a good description.,but a1sc was able to observe the suspect dropping items as he ran and subsequently participated in a lineup in identifying the suspect; and WHEREAS, an alert and cooperative citizenry is essential to maintaining law and order; and WHEREAS, the City of Orono wishes to commend and encourage the involvment of its residents in the overall protection of the community and, NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby highly commends James Rick on the above listed actions and express their gratitude, that James Rick is willing to step foreward and be counted protecting Orono and maintaining it as a safe place to live. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held May 28, 1985. ATTEST: Mary C. Butler, Mayor ^r -- r _.._ Dorothy�M. Hallin, City C�eik MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 13 CIY85C'kXET1NG MAY 2 81Q485 ATTENDANCE 7:00 PM The Orono Council met on the above date with the following members present: Mayor Butler, Counc�l QF k, Frahm and Tim Adams. Councilmember Lynn m a at 7:30 p.m. The new City Administrator, Mark Bernhardson, was present. City Attorney Radio and City Engineer Cook were also present. Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, Public Works Coordinator Gerhardson, and Recorder Sutton represented the City staff. Finance Director Kuehn arrived at 7:45 p.m. CONSENT AGENDA* Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the Consent Agenda* as submitted with all staff reports concerning these items to be attached to an original copy of these minutes on file at the City Clerk's office. Motion, Ayes (4), Nays (0). PUBLIC HEARING ART CENTER OF MN PROPOSED SEWER PROJECT EXTENSION 7:05 - 8:06 PM Mayor Butler announced that now was the time and place for the public hearing concerning the proposed sewer project extension to service the Art Center of Minnesota. Butler noted the feasibility report done by the City Engineer. City Recorder Sutton noted the affidavit of publication and the certificate of mailing. Marion Gray, Susan Enrieht, and Toni Richardson were present from the Art Center. Those present from the audience for this public hearing signed attendance sheets which are attached to these minutes. City Engineer Cook explained this project 85-2 provides for a combination of the Art Center project with project 85-1 Crystal Bay sewer project. Cook stated that the existing sanitary sewer system at the Art Center consists of an on - site septic system. Cook revealed that the Art Center's septic system was designed in 1980 for a flow of 1,800 gallons. Cook stated that the City has received information from the Metropolitan Waste Control Commission (hereafter MWCC) that the Art Center has the equivalent of 20 units at the main facility and 8 units at the old school building totaling 28 units. Cook noted that since that time the MWCC has reduced that number to 24 units. Cook explained that the project would consist of an extension of a sanitary sewer service to serve the school building from Prospect Avenue. City Engineer Cook stated the cost estimate for the project would be $5,000 combining it with the total $900,000 for the Crystal Bay project for a total project cost of $905,000. Cook stated that staff has figured 83 units for the Crystal Bay project with an additional 10 units for the Art Center. Cook stated that City staff recommends a total of 10 units for the Art Center with 7 units for the main building, 1 additional unit for the old school building, with 2 units for future expansion of the facility. Cook stated that with the 93 units for the project, the individual project as, e—nent cost would be reduced to $9,730/unit. Cook mentioned the Art Center's share of the project would be $97,300. MINUTES OF THE. REGULAR ORONO COUNCIL MEETING HELD MAY 1.3, 1985 PAGE 2 Curtis Quady of 1223 Brown Road South asked City Engineer Cook to explain the drop in units from 24 to 10 for the Art Center. City Engineer Cook stated that the 24 units is based on the peak flow of that facility and not on the average f low over a period of time. Cook noted that staff doesn't feel that the 24 SAC units that the MWCC would assess can be justified because the Art Center does not operate at that capacity f low and, therefore, staff recommends 10 sewer units. Councilmember T. Adams asked that City Engineer Cook clarify for the record why the Art Center was not included in the project from the beginning. City Engineer Cook explained that at the time the original work was done for the Crystal Bay project, the City was seeking grant funding from the federal and/or state government and including the Art Center would have autocratically eliminated the City's eligibility for such a grant. Cook noted that when the funding was declined then the City felt that the Art Center should be included. Councilmember T. Adams mentioned that if it hadn't been for the grant, the City would have included the Art Center from the beginning. City Engineer Cook concurred stating the Art Center would have been included from the beginning of the project if it had not been for the City seeking federal funding. City Attorney Radio pointed out that the Orono Comprehensive Plan dictates that any commercial areas near sanitary sewer facilities should be sewered. Assistant Zoning Administrator Gaffron read from the Orono Comprehensive Plan CSPP (6-12 Section 11) as follows: "ALL SEWER -SERVICED PROPERTIES MUST BE CONNECTED. Consistent with the regulations of the State Board of Health, and the MWCC, every building intended for human habitation, occupancy or use shall be provided with suitable sanitary facilities and shall be connected to the municipal sewer system whenever a sewer lateral serves the property or is within a reasonable distance of the property." Marion Gray, representative of Art Center, indicated her sympathy with the Crystal Bay residents but noted that the Art Center does not need sewer. Gray reported that. Art Center's septic system has adequate capacity for the little use that it receives. Gray disclosed that if this assessment is placed on the Art Center and they are required to hookup to sewer, that it will increase the Art Center's operating budget by 10 percent. Gray noted that with the SAC charges, hookup fees, and annual assessment, in the first. year alone the Art Center would have to pay $42, 546 which is a MINU` FS OF THE REGULAR ORONO COUNCIL. MEETING HELD MAY 13, 1985 PAGE 3 sizable sum. Gray informed the Council that the Art Center may have to close if such an assessment is approved and assessed to the Art Center. Gray explained that the Art Center has been operating for 32 years and may not be able to continue. Gray stated that classes are veld for only about 3 hours and the facilities are no` heavily used. Gray noted that a septic system installer came to the Art Center to analyze the system which revealed that the Art Center has an adequate system and does not need sewer. Gray read and submitted a letter objecting to the proposed co.;struct'ion of the easement and assessment (letter attached to these minutes). Curtis Quady of 1223 Brown Road South asked for the logic on the part of the City reducing MWCC's 24 units to 10 units for any reason. Quady noted that single occupants of homes have to pay the full assessment and the Art Center should have to also pay the full assessment. Quady stated that many years ago the community of Crystal Bay paid for that old school indirectly and it has grown since then and will continue to grow. Quady felt that the City should not pull numbers out of the air to assess the Art Center but abide by what the MWCC dictates. City Engineer Cook explained that basically the present use of the Art Center justifies 10 units. Cook noted that if any expansion on the part of the Art Center occurred, the Art Center would have to approach the City and if needed, the City could assign extra units at that time. Cook asked Building & Zoning Administrator Mabusth if the Art Center could sell the property with a different proposed use. Building & Zoning Administrator Mabusth stated that the Art Center would have to apply for a Conditional Use Permit for a differ-:nt use of the property. Marion Gray mentioned that in February they were required by the MWCC to prepare a list of capacity of the Art Center's facilities and a daily average use. Gray explained that the MWCC doesn't take into consideration the use of the Art Center but only how many people can f it into one roorr. Gray noted that membership has declined and is doubtful that it will rise again because of the number of women returning to the work force. Gary Printup of 1261 Briar Street corament.ed that he read something in the newspaper that the Art Center has paid off its mortgage. Printup stated that the Art Center could re.nortgage the Art Center to help pay for the SAC and hookup charges. Printup asked the Council if it would not make more srnse to assess the Art Center 24 units at 100% and allow the Art Center to appeal. the process just like each individual home owner is having to do. Printup noted that the judge should make the decision as to how many units to assess the Art Center. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 13, 1985 PAGE 4 Mayor Butler argued that the Art Center will probably appeal anyway regardless of how many units they are assessed. Michelle Combs of 1251 Briar Street noted that the Art Center is saying that they don't need sewer and many Crystal Bay residents said the same thing but that the project has still been ordered. Combs stated that if in the future the Art Center needs sewer, they wouldn't be paying any construction costs and would only have to pay hookup charges, and the Crystal Bay residents in effect would have paid their hookup charges. Mayor Butler explained that anytime a new sewer project is put in, the law dictate-3 that you will hookup within 16 months after the system has been declared ready for hookups. Butler noted that if in thn fLiture the Art Center hooked up to sewer they would still t,a j the same assessment but with an inflation factor built into the till and could be higher than what the Crystal Bay residents paid. Craig Christensen of 1251 Brown Road South asked if the Art Center was to expand and the City was to assess the Art Center more units, would that money be credi41-:.4 to the Crystal Bay Sewer Project and reduce the residents as5,�ssment fee. Mayor Butler explained that it the Art Center was to be assessed in the future, that money would go into Z-he sewer operating fund and would not reduc- `hey residents assessments. Susan Enrieht, Art Center representative, asked the City to clarify the reason for the inclusion of the Art Center. Mayor Butler explained that when the City first, considered the Art Center to be included in the project, i:he City was seeking federal funding. Butler stated that a survey was done of the Crystal Bay area in order to determine their level of need and it was discovered through that survey that the majority of the households qualify as low and moderate income, and as a result were eligible for state/federal funding. Butler stated that the funding was not available and the City spent many years seeking this funding. Butler indicated that after the City found out the funding was not available, the Art Center was included in the project. Councilmember Frahm stated that the City tries to get commercial operations to hookup when they abut sewer projects because of their more intense use of property. Councilmember L. Adams stated that there alsowas a question of contamination of ground water with the Art Center with the chemicals that the Art. Center sometimes uses. MINUTES UN THE RE.GLILM ORONO COUNCIL MEETING HELD MAY 13, 1985 PAGE 5 Eve Drummond of 2160 Prom spect Avenue asked if the Art C�!nter was going to be assessed 10 units and if that units number was determined by capacity. Mayor Butler stated that the Council is discussing assessin6 the Art. Center for 10 units and would be based on capacity. Eve Drummond of 2160 Prospect Avenue stated that only two people live in her home and that they certainly aren't up to the capacity for one sewer unit. Eve asked if the City would assess only a half unit and base the residents' assessments on capacity only like the City is considering for the Art Center. Gary Printup of 1261 Briar Street reviewed with the Council the original reason for the exclusion of the Art Center. Printup stated that the City excluded the Art Center from the beginning because they were outside of the MUSA line. Assistant Zoning Administrator Gaffron stated that originally staff thought the Art Center was outside of the MUSA line and recently discovered that the entire Crystal Bay area is not within the MUSA line. Susan Enrieht, Art Center representative, asked who has the ultimate authority to assign SAC units, the MWCC or the City of Orono? Mayor Butler stated that the MWCC assigns its own SAC units and the City of Orono assigns its own sewer units. Councilmember T. Adams asked staff how they arrived at 10 units for the Art Center. City Engineer Cook explained that the staff looked at the design of the Art Center's current septic system which is designed to handle 1,800 gallons. Cook stated that they then converted that number of the equivalent residential units which turned out to be 7 units for the main building, 1 unit for the old school building, and 2 units for future expansion. Councilmember T. Adams pointed out that 7 units for the main building is based on their current septic system which may be more than they need. Councilmember L. Adams asked staff if they know of the Art Center's current water usage. City Engineer Cook explained that it is impossible to calculate the water usage of the Art Center without a water meter. Curtis Quady of 1223 Brown Road South felt that the Council should not assign the minimum units to the Art Center but should consider the future and allocat- enough units to prepare for the future use of the A--t Center. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 13, 1985 PAGE 6 Councilmember Grabek asked how the MWCC recommends 20 units for the Art Center. City Engineer Cook stated that the MWCC doesn't consider the use of the building, but assesses units by square footage and how many people can fit in a classroom. Cook noted that if a building has a kitchen in it they assess many units just for that. City Administrator Bernhardson noted that the Art Center is in the prone ;s of negotiating with the MWCC through Jo Ellen Hurr and trying to get that unit number reduced. Bernhardson noted that Hurr is pursuing the matter to have the MWCC justify the 24 units, and therefore such number could be subject to change. Councilmember L. Adams fel -hat even 10 units may be toomuch for the Art Center and t 7-8 sounds more feasible. Judy Christensen of 1251 Brown Road South felt that the Council should not pick numbers out of the air. Marion Gray, Art Center representative, noted that the Art Center is lucky if 30 people a day visit the gallery. Gray noted that the MWCC's calculations do not take into account the actual use of the center. Gary Printup of 1261 Briar Street asked the Art Center representatives if they have had their septic system back up or the tanks pumped this spring. Marian Gra,,. stated yes the tanks were pumped. Gray noted there are no washing machines or shower facilities in the Art Center. Eve Drummond of 2160 Prospect Avenue argued that the Art Center is being used more than the representatives are indicating. Drummond stated that she has had her own driveway blocked at times from car- that use the Art Center. Mayor Butler closed the public hearing at 8:06 p.m. Councilmember L. Adams felt that he needed more information to help arrive at the number of units that should be assessed. Adams felt it may be less than 10 units. Adams asked if the City could estimate the water usage. inciimember T. Adams felt that there must be a rational approach to determine the number of units for the Art Center. Councilmember Grabek felt that if the City is going to assess the Art Center based on capacity, then the City should also determine exactly how many people can live in one home and that more sewer units might be needed for some of the larger MINUTES OF THE REGULAR ORONO COUNCII, MEETING HELD MAY 13, 1985 PAGE 7 homes that have the capacity for a larger family. Grabek noted that staff's recommendation for 10 units for the Art Center seems logical since staff allowed for 25% future expansion of the center. Grabek felt that he could vote on the 10 units for the Art Center tonight based on the information received. Grabek felt that staff should work with the MWCC regarding the difference in units from 24-10. Councilmember L. Adams felt that the MWCC is considering the Art Center as a school used to its maximum capacity. Adams stated that staff should work with the MWCC to resolve the differences in the number of units that should be assigned to t.i^ Art Center. Mayor Butler asked if the Council should see an appraisal of the Art Center before making its decision on the number of units to be assessed. City Attorney Radio stated that :-t would be appropriate for Council to see an appraisal before making the assessment to the Art Center. Councilmember Grabek moved, Councilmember L. Adams seconded, to include the Art Center in the Crystal Bay sewer project. Motion, Ayes (5), Nay-, (0). Co lmember Grabek moved, Councilmember Frahm seconded, to sign 10 units to the Art Center based on staff cal—lations and the City Engineer' recommendations. Vote on the motion was delayed pendin- `ur+ ter discussion. Councilmember Frahm asked to make z- tion to the motion that staff work with the MWCC and oe w determination on the 24 SAC charges they wish to Councilmember Grabek felt *his should be a separate motion. Councilmember L. Adams felt that the Art Center is being penalized for having a better septic tank system than their water usage and that a smaller number of units should be assigned. Adams stated that he needs more information before makinq a decision. Mayor Butler agreed with Councilmt L. Adams regarding the unit assignment to the Art Ce r. Councilmember Frahm noted that the water usage cannot be determined on the Art Center without water meters. Public Works Coordinator Gerhardson stated that a water meter could be placed on the well but noted that the exact size water meter may not be it. tock and the City would have to order one. MINUTES OF THE REGUTAR ORONO COUNCIL MEETING HELD MAY 13, 1985 PAGE 8 Assistant Zoning Administrator Gaffron noted that there are two separate wells serving the Art Center. Councilmember Grabek not that placing a water meter on the well would only tell the City how much water the Art Center uses in two weeks. Grabek felt that would not show the water usage when the Art Center holds their special shows, exhibits, classes, etc. Grabek noted that he doesn't want to assign 10 units if it is not appropriate, but what he is hearing is that the Art Center is a commercial concern and they have potential growth. City Engineer Cook stated that staff could have the MWCC's data by the next Council meeting. Marion Gray, Art Center Representative, noted for the record that the 1,800 gallon system is based on 800 students at the Art Center and current enrollment is 300 students. Gray noted that she doesn't foresee any incline in the enrollment. Motion, Ayes (2), Nays (3). Mayor Butler, Councilmembers L. Adams and T. Adams voted nay. Councilmembez L. Adams moved, Councilmember T. Adams seconded, to direct staff to submit documentation on May 28, 1985, regarding an estimate of the water usage and rationale on how many units that should be assessed to the Art Center and additional information regarding the sewer connections assessment of 24 units on the part of the MWCC. Motion, Ayes (3), Nays (2). Councilmembers Grabek and Frahm voted nay. APPROVAL OF MINU`PES* Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the minutes of the regular council meeting of April 22, 1985. Motion, Ayes (4), Nays (0). PARK COMMISSION COMMENTS There were no Park Commission comments. PLANNING COMMISSION COMMENTS Planning Commission Representative McDonald was present but had no comments. PUBIAC COMMENTS Roger Ramstad, attorney, was pt,:sent representing Larry and Connie Kane of 2697 Casco Point Road. Roger Ramstad reviewed with the Council the I.orge lot in which ' -rge sued the City and was allowed to build a new home on Cas.. Point Road. Ramstad stated that Lorge entered into an agreement with the City in which he agreed that there would be no agravation of the existing drainage problems, as though it was anticipated that there would be some drainage -problems. Ramstad noted that he as written to the City everal times, once on May 3, 1983, in which the City responded to his letter assuring him that there would be no agravation of the existing drainage problem. Rainstad MINUTES OF T111: REGULAR ORONO COUNCII, MEETING HELD MAY 1.3, 1985 PAGE 9 explained that when the building plans were subn..Ltted to the City in December, 1984, he wrote to the City indicating his concerns regarding drainage. Ramstad stated that the City wrote to the builder indicating what the builder was to do to avoid the drainage problems. Ramstad argued that the builder has not complied with any of the concerns with the City, and, consequently, this spring there is a severe drainage problem and has caused damage to the Kane's property. Ramstad noted that in addition there is a drainage problem around the home that is being constructed and that if a small child was to fall in that ditch that the child most likely would drown. Roger Ramstad mentioned that in the original agreement that the builder was to put a 12" PVC pipe back prior to December of 1984. Ramstad stated that the drainage system has not yet been installed. Ramstad asked the Council what they can do to get the builder to finish the project and install the much needed drainage system in order to avoid any courtroom battle. Ramstad felt that the City should enforce the agreement and require the builder to install the drainage system. Mayor Butler stated that the drainage plan was part of the accepted building plan. Roger Ramstad reported that there is a problem with the grading plan and felt that the grading elevations are not being adhered to by the builder. Ramstad asked the City to investigate into this matter. Mayor Butler noted a new sink hole on the driveway across the street that she suspects is a result of the lack of proper handling of the storm water on t- Lorge lot. Butler noted that the Council could foresee these drainage problems which was the original reason why they denied the variance. Councilmember Frahm noted that he hasn't seen anyone working on the property for six months. Zoning Administrator Mabusth informed the Council that an underground drainage 1-ile was broken and the water around the foundation is preventing them from working until they clear up that problem. Mabusth stated that she was informed by phone today that the MCWD has approved a temporary pumping system to pump water from that foundation so that work may begin again. Mabusth stated that the builder will be submitting an amended drainage plan that would include drainage from the broken tile within the next day. CouncilmemberGrabek moved, Mayor Butler seconded, to direct. staff to require the owner to make corrections and meet all new elevations and for staff to confirm if builder is adhering to grading elevations originally submitted in the grading plan by 3:00 p.m. by May 14, 1985. Motion, Ayes (5), Nays (0). MINUTES OF THE REGULAR ORONO COUNCIL MEETING IIELD MAY 13, 1.985 PAGE 10 #883 GARY PRINTUP 1261 BRIAR STREET VARIANCE vl?SOLUTION #1754! Gary Printup was present. Councilmember Frahm moved, Councilmember T. Adams seconded, to adopt Resolution #1754, A Resolution Approving A Variance to allow applicant to construct an addition. Motion, Ayes (4), Nays (0). #876 RANDY ASPLUND 3424-3444 EASTLAKE STREET VARIANCE DENIAL RESOLUTION Randy Asplund was not present. Mayor Butler suggested tabling the application until the applicant can be present. #895 T.M. CROSBY 1240-1260 BRACKETTS POINT SUBDIVISION RESOLUTION #1755 T.M. Crosby was present. Councilmember L. Adams moved, Councilmember T. Adams seconded, to adopt Resolution #1755, A Resolution Approving a Metes and Bounds Subdivision of a Lot Line Rearrangement for Thomas Crosby. Motion, Ayes (5), Nays (0). #897 CHUCK PETERSON 825 OLD LONG LAKE BLVD PRELIMINARY SUBDIVISION Chuck Peterson and Ward Krueger were present. Assistant ling Administrator Gaffron reviewed with Council the _oposal of the applicant to subdivide a 4.4+ acre parcel. Councilmember Frahm asked staf f if each lot has 2 acres of dry buildable. Frahm asked this because he felt there are some wetlands on the property. Assistant Zoning Administrator Gaffron felt that the area in question is dry buildable but stated that staff woald again check the area to see if it should qualify for wetlands. Gaffron also noted that testing for an alternate drainfield site for the existing house had not yet. been completed. Mayor Butler moved, Councilmember Frahm seconded, to table the Peterson application until May 28, 1985 Council meeting in order to allow staff extra time to confirm the area in question, whether it is dry buildable or wetlands. Motion, Ayes (5), Nays (0). #901 KARL JOHNSON 3393 CRYSTAL. BAY ROAD VARIANCE RESOLUTION #1756' Councilmember Frahm moved, Councilmember T. Adams seconded, to adopt Resolution #1756, A Resolution Denying an After -the Fact Variance. Motion, Ayes (4), Nays (0). MINUTES OF THE REGULAR ORONO COUNCIL, MH:I:TING HELD MAY 13, 1985 PAGE 11 #903 WARD FERRELL 3405 WATERTOWN ROAD ZONING APPEALS Ward Ferrr,,l.l was not present. Building & Zoning Administrator Mabusth noted that the applicant has requested that the application be tabled until May 28, 1985. Mayor Butler moved, Councilmember Frahm seconded, to table the Ferrell application until May 28, 1985. Motion, Ayes (5), Nays (0). #905 DENNIS THOMPSON 250 OLD CRYSTAL BAY ROAD CONDITIONAL USE PERMIT RESOLUTION #1757 Dennis Thompson was not present. Councilmember Frahm moved, Councilmember L. Adams seconded, to adopt Resolution #1757, A Resolution Approving A Conditional Use Permit to allow a guest house apartment. Motion, Ayes (5), Nays '0). #907 JAMES BIGHAM 1545 LONG LAKE BLVD VARIANCE RESOLUTION 11758 James Bigham was present. Assistant Zoning Administrator Gaffron reviewed with the Council the applicants proposal to construct an addition to his home. Gaffron noted that the applicant replaced his septic system in November, 1984. Gaff ron stated that no alternate drainfield site exists on the property and that if the new system fails a holding tank would have to be installed. Gaffron noted that with Bighams proposal a future 8 member family could move into the home and the current septic system might not be able to handle such an intense use. Gaff ron noted that Bigham has not met some of the requirements in Resolution #1600 regarding drainage and retaining walls. James Bigham stated that the requirements could not be met because of the weather and the frozen ground. Bigham stated that he will fulfill the requirements as soon as possible. Councilmember Frahm stated that there is a drainage problem on the property already. Frahm expressed concern for adding on additional hardcover and noted that the septic system cannot handle any future family larger than Bighams. James Bigham explained that the drainage problem does not come from his lot and that the drainage problem is caused by the lots across the street. Bigham noted that his lot serves as a drainage spot for others runoff. Bigham addressed the septic issue by noting that he could replace his septic system if needed in the same location as the septic system is currently located. Bigham noted if that does not work, then holding tanks would be installed. Bigham noted that. he doesn't mind holding tanks and stated that he felt the whole neighborhood eventually will be on holdinq tanks. MINUTES OF THE REGULAR ORONO COUNCII. MEETING HELD MAY 13, 1985 PAGE 12 Mayor Butler noted the finding of severe topographical problems on Bigham's lot. Councilmember Frahm and T. Adams felt that the application was too intense for this property and that there is already enough hardcover on the property considering the current drainage problems. Councilmember T. Adams noted that with Bigham's lifestyle the proposal might be alright, but if in the future a larger family moved into the home, then the current septic system would not be able to withstand a more intense use. Councilmember L. Adams moved, Mayor Butler seconded, to adopt Resolution #1758, A Resolution Granting A Variance to permit the construction of an addition to his existing home, subject to staff amending the resolution that the applicant must meet all requirements of previous resolution prior to issuance of a building permit. Motion, Ayes (3), Nays (2). Councilmembers Frahm and T. Adams voted nay. #909 LOWE:LL ZITZLOFF 3542 SHORELINE DRIVE COMMERCIAL. S= TE PLAN REVIEW Lowell Zitzloff and Bruce Schmitt were present. Building & Zoning Administrator Mabusth noted that the Council has already granted a rear setback variance for the new construction. Mabusth explained that according to the code a separate commercial site plan review is required. Mabusth stated that Lowell's Auto Parts will occupy 4,179 sf of the building with the remaining 918 sf to be occupied by a retail business or an expansion of Lowell's Auto Parts operation. Mabusth stated that Hennepin County is recommending closing off the eastern access. Mabusth reviewed with the Council the proposed access plan and overall commercial site plan. Mabusth noted 18 parking stalls will be required. Councilmember T. Adams asked City Administrator Bernhardson how the City or Edina handles landscaping with developers and what they do if the plantings die. Adams asked if the City of Edina had special provisions regarding the size of landscaping for commercial businesses. City Administrator Bernhardson stated that the City of Edina required the developer to post a bond assuring that if any plantings died, that the developer would replace the plantings. Bernhardson stated that Edina does not have special conditions regarding the size of landscaping. Councilmember T. Adams asked that staff look at the landscaping standards for the commercial uses and compose standards for commercial landscaping. Mayor Butler moved, CouncilmemberFrahm seconded, to approve the commercial site plan review of Lowell Zitzloff. Motion, Ayes (5), Nays (0). MINUTES OF THE REGULAR ORONO COUNCII, MEETING HELD MAY 13, 1985 PAGE. 13 MARINA COMMITTEE STATUS Assistant Zoning Administrator Gaffron reviewed with the Council that the Marina Committee meetings have been delayed so that staff may investigate and inspect the marinas during their busy season. Gaf f ron sLbmitted a suggesti.onto change the Marina Committee so that two Planning Commission members serve and one Councilmember (automatic chairman) make up the committee. After discussion, it was agreed that Councilmember Frahm should be the Council representative to the Marina Committee and Chair the committee. Councilmember Frahm suggested a new Planning Commission and a veteran member of the Planning Commission be appointed to the Marina Commmittee by the Planning Commission. Mayor Butler moved, Councilmember L. Adams seconded, to change the makeup of the Marina Committee to two Planning Commission members and one Councilmember, with the Councilmember being the automatic chairman, and adopt the new rules for the Marina Committee as outlined in staff's memo. Motion, Ayes (5), Nays (0). CITY ENGINEER'S REPORT City Engineer Cook introduced Mike Lynch and ncted that he is working on the Crystal Bay sewer project. MAYOR' S REPORT Mayor Butler noted that she will not be able to attend the May 28, 1985, Council meeting. Councilmember Grabek also noted that he will not be able to attend the May 28, 1985, Council meeting. City Attorney Radio noted that a 4/5 vote is needed to adopt the assessment role for the Crystal Bay sewer project. Mayor Butler also noted that she will not be able to attend the May 30, 1985, Board of Review .neeting. Councilmembe ,rahm, who will be Acting Mayor at the May 30, 1985 Board of Review, asked staff to try and reschedule the Ma; 30, 1985 Board of Review meeting to June 4, 5, or 6, 1985. CABLE TV REPORT Mayor Butler had nothing to report regarding Cable TV. TRANSPORTATION REPORT City Administrator Bernhardson updatt— the Council on the County Road 15 project. WAYZATA COMMUNITY EDUCATION APPOINTMENT - LEESEE MYER City Administrator Bernhardson noted that an Orono representative has not been appointed to the Wayzata Community Education for 5 years. Bernhardson noted Leesee Myer has submitted a letter requestinca to be appointed to such a position. MINUTES OF THE REGULAR ORONO COUNCII, MEETING HELD MAY 13, 1985 PAGE 19 Mayor Butler moved, CouncilmemberFrahm seconded, to appoint Leesee Myer to the Wayzata Community Education subject to a her reporting back to the Council and updating Council on the Board's action. Motion, Ayes (5), Nays (0). WEST HENNEPIN HUMAN SERVICES BOARD OPENING City.Administrator Bernhardson noted the Jean Kotteman just resigned from the West Hennepin Human Services Board and that there is now a two member vacancy. Councilmember L. Adams suggested that Orono adver;.ize these openings in the newspaper in order ,.o solicit candidates to fill the vacancies. RESOLUTION #1762 BOND SALE RESOLUTION CRYSTAL BAY PROJECT ASSESSMENT City Administrator Bernhardson recommended that the Council adopt the bond sale resolution for the Crystal Bay project assessment. Mayor Butler asked Finance Director Kuehn what the interest rates are currently at. Finance Director Kuehn noted the interest rate is under 9%, but that this percentage may not be what the bonds are sold at. Councilmember Frahm moved, Councilmember Grabek seconded, to adopt Resolution #11762, A Bond Sale Resolution. Motion, Ayes (5), Nays (0). CRYSTAL BAY SEWER PROJECT ASSESSMENT City Administrator Bernhardson explained that given the fact that the total number of units to be assigned has not been decided, staff recommends tabling the approval of the assessment roll. Councilmember Grabek moved, Councilmember T. Adams seconded, to table the project assessment spread until the May 28, 1985, Council meeting or Jane 10, 1985, if there is not a quorum at the May 28th meeting. Motion, Ayes (5), Nays (0). SERVICE OF APPEALS Russ Sorenson, attorney, was present representing 67 Crystal Bay residents. Sorenson served the Mayor with 69 parcel appeals. Curtis Quad, of 1223 Brown Road South asked why the City is only being assessed 5 units when they own 9 parcels of land. City Administrator Bernhardson stated that staff will investigate into the matter. MINUTES OF THE REGULAR ORONO COUNCII. MI:E`1'1NG IIELD MAY 13, 1985 PAGE 15 RESOLUTION #1759 ESTABLISHING ICMA PROGRAM City Administrator Bernhardson presented three resolutions in order to exclude him from PERA. Bernhardson explained that in 1979 or 1980 the state legislature passed a law which gives a City Administrator the option to be excluded from PERA because of the nature of the profession. Councilmember L. Adams moved, Councilmember Grabek seconded, to adopt Resolution #1759, A Resolution Establishing a Deferred Compensation Plan. Motion, Ayes (5), Nays (0). RESOLUTION #1760 ELECTION OF ADMINISTRATOR FROM PERA Councilmember L. Adams moved, CouncilmemberGrabek seconded, to adopt Resolution #1760, A Resolution Approving Election of Mark E. Bernhardson to be excluded from the Public Employees Ret'rement Association. Motion, Ayes (5), Nays (0). RESOLUTION #1761 AUTHORIZING AGREEMENT WITH ADMINISTRATOR RELATING TO DEFERRED COMPENSATION Councilmember L. Adams moved, Councilmember Grabek seconded, to adopt Resolution #1761, A Resolution Authorizing Agreement with City Administrator Relating to Deferred compensation. Motion, Ayes (5), Nays (0). RECOMMENDATION FOR CITIZEN COMMENDATION City Administrator Bernhardson reviewed with the Council the two robberies within the City of Orono in which several citizens assisted the police department. Bernhardson asked the Council if they would like to adopt a resolution for a citizen commendation and present it in person. Mayor Butler stated that the citizens certainly deserve a commendation but that the citizens may wish to remain anonymous rather then have their names released to the public. Butler suggested that staff write a letter asking each citizen their preference. EXPANSION OF 4TH TEE ORONO GOLF COURSE Public Works Coordinator Gerhardson explained that from the Crystal Bay sewer project extra fill will be left over in which staff proposes to expand the #4 tee at the Orono Golf Course. Gerhardson explained that the #4 tee receives rainwater runoff from Orono Orchard Road which causes erosion of the tee. Council concensus was to allow staff to expand the 4th tee at. the Orono Golf Course as proposed in staff's memo. MINUTES OF THE: REGULAR ORONO COUNCLI. MEETING HELD MAY 13, 1985 PAGE 16 PROPOSED STRUt_PURE CHANGES TO MOST OFFICE City Administrator Bernhardson noted that the City received a letter from the United State Postal Service requesting the City of Orono to correct certain energy deficiencies at the Crystal Bay post office. Bernhardson noted that the postal service will reimburse Orono for all reasonable costs. Mayor Butler moved, Councilmember L. Adams seconded, to approve the proposed corrections of the energy deficiencies at the Crystal Bay Post Office with the understanding that the postal service will reimburse the City for all reasonable costs. Motion, Ayes (5), Nays (0). SPRING HILL CONFERENCE CENTER OPEN HOUSE C:_ty Administrator Bernhardson noted that the Spring Hill Conference Center has extended an invitation to the City of Orono to attend their open house in celebration of the recent additions to the center. Bernhardson noted that the open house will be held on May 18 and 19. HIGHWAY 12 CORRIDOR REPORT City Administrator Bernhardson noted that John Shardlow will not attend this meeting tonight and summarized Shardlow's comments. Bernhardson explained that Shardlow feels that the nature of any outcome of the project will result in a Comprehensive Plan amendment which could cost around $18,000-26,000. BOARD OF REVIEW City Administrator Bernhardson noted that he will try to reschedule the Board of Review meeting scheduled for May 30. Bernhardson noted that the notice may have already been published in the paper in which the date could not be changed. REQUEST FOR EXECUTIVE SESSION City Administrator Bernhardson requested that an Executive Session be held after the regular Council meeting has been adjourned. EMPLOYMENT TEMPORARY PART TIME - LIQUOR STORE - BLARE THIES* Counci lmember Frahm moved, Counci lmember T. Adams aced*, to approve the temporary part-time employment of Blake Thies for the Liquor Store at a rate of 4.25/hr. Motion, Ayes (5), Nays (0). TEMPORARY EMPLOYMENT ORONO GOLF COURSE* Councilmember Frahm moved Councilmemfer T Adams seconded to approve the temporary employment of Doris Gallo for the Orono Golf Course- as counter helper at a rate of $3.85/hr effective May 14, 1985. Motion, Ayes (5), %ays (0). MINUTES OF THE: REGULAR ORONO COUNCII. MEETING HELD MAY 13, 1985 PAGE 17 LEAGUE OF MN CITIES CONVENTION* Councilmember Frahm moved, Councilmember T. Adams seconded, to acknowledge the information received regarding the League of MN Cities Convention. Motion, Ayes (5), Nays (0). CITY ATTORNEY'S REPORT STATUS REPORT ON 130 CYGNET PLACE City Attorney Radio updated the Council regarding the violations at 130 Cygnet Place. Radio explained that no progress has been made to correct the Violations at 130 Cygnet Place, even after extending the deadline date for the property owner. Councilmember Frahm moved, Councilmember Grabek seconded, to direct staff to begin criminal proceedings against the owner at 130 Cygnet Place. Motion, Ayes (5), Nays (0). LICENSES* Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the following licenses: Art Center of MN - One day setup permit Art Center of MN - One day setup permit Hayes Excavating - Septic System Installers License Jerry Johnson Excavating - Septic System Installers License Wocdlake Sanitary Service - Garbage Haulers license R & W Sanitatic , - 'arbage Haulers License Motion, Ayes (5), Nays (0). BILLS* Counci lmember Frahm moved, Count—; lmember T. Adams seconded, that. the All Funds Accounts and 7.iquor Store Accounts be paid. Motion, Ayes (5), Nays (0). ADJOURNMENT 11:03 Mayor Butler moved, Councilmember Grabek seconded, to adjourn the regular Council meeting at 11:03 p.m. and enter into executive session. Motion, Ayes (5), Nays (0). ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Thomas M. Frahm, Acting Mayor Plannina Commission Count; i 1 PUBLIC ATTENDANCE CITY OF ORONO MEETING DATF -5- PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print) ADDRESS NAME OR NUMBER PRESENT FOR (from agenda) -C-�[. i EJ� �ILt.L�.il1�iLL✓ FZ � 2 v 4. v f /14el 5 L�. 6. 4 �; 9. ,,�e L ,,rl-- o. .2 3 lZZ�j90 15. l6 _ -/V V vu✓ _ _-. e4 n� , Planning commission Coi2nc i 1 PUBLIC ATTENDANCE CITY OF OPONO tilEL'?'ING DATE L�� PLEASE FILL OUT THE Ph -QUESTED B1 '.,OW FOR OUR CITY RECORDS. NAME (please pr i vit ) ., 1. AWY 21-A lJA s 4. 5. 6 • 7. 9. 10 12 -- Q. 13. G t► 14. NAME OR NUMBER ADDPESS PRESENT FOR (from aqunda) 1375- 2 A�siot R� -� AC 15. 16. 17 Af, ' / VP —__no(ff 1_4+s Planning Commission PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE 3 V� PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print) 3 . 4 A44e J4ch % * 7. 8. 9. 10. 11. 12. 13. 14. 15. 1► �.7. 1 !s . 19. 20. ADDRESS NAME OR NUMBER PRESENT FOR (from agenda) ZL Iw \f:l t.1NUR ()1 %IINAI SOI \ 24' I N( )1:I Iv,11( )I:I 1)KI\'I I. ( 1,%"1 •\I I(-\) '01\\I',OI \ V, t! 1 1(0 '1 •17 1•7 301 May 9, 1985 City of Orono Post Office Box 66 Crystal Bay, MIN. 55323 Re: Art Center of Minnesota Sanitary Sewer Improvements Project No. 85-2 Dear Ladies and Gentlemen: Ilie Art Center of Minnesota is writing y regarding the proposal which is on the Orono City Council agenda for Monday, ?ay 13, 1985, with regard to assessing the Art Center of Minnesota property for sanitary sewer improvements under the Minnesota special assessments law. Your proposal is to assess our property identified as 2240 North Shore Drive referred to as "Art Center of Minnesota West and o�,r property at 2180 North Shoe Drive referred to as "Art C--:r of Minnesota East". It is our understanding that this Project 85-2 . o be done in conjunct_on wi•h your Crystal Bay sanitary sewer iroject 85-1. We Nearby inform you that it is our belief that a sanitary sewer improvement -oject is not necessary for our facility and we do not wish you to )nstruct it. Further, we catagorically object to the assessment of our property for the sanitary sewer project in the amount of $97,300 or for any other amount. We understand that you have assigned ten "units" at a cost of $9,730 each in arriving at your total assessment for the Art Center of Minnesota properties of $97,300. The property which you propose to assess is described as the. East 474 feet of th- North ) feet of Government Lot 5, Township 117, Range 23 Wef nnepxn CoL.,,.y, Minnesota, and is otherwise identified on your mar .,chord hereto as "Art Center of Minnesota". To summarize, we object both to the construction of the caserw nt and to your assessment of our land for it. Respectfully submitted, ART CENTER OF MINNESOTA Katherine W. Iia r„ v r President • To: From: Date: Subject: Mayor Butler, Mark Bernhardson, City Administrator Orono Council Members Jeanne A. Mabusth, Zoning Administrator May 22, 1985 LOUR IL MEETING MAY 2 81985 CITY Of ORON0 #911 Timothy J.. Schoen, 41 Willow Drive South - Variance - Public Hearing 7:30 p.m. Zoning District - R-lB Application - Variance - Lot Area - Per Se%:tion 10.03, Subdivision 6 (A),(1) - 80% of area and width standard must be satisfied or Council approval is required. Area Variance Residence = 21,780 square Required without council Existing = 17,366 square Varia. ,:e = 58 square feet List of Exhibits feet approval = 17,424 feet or .796% or .0047 Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Building Permit Exhibit E - Survey Exhibit F - Resolution square feet or 80% Based on a telephone poll of the Council the week of April 15th, a building permit was issued to the applicant granting conceptual approval of a lot area variance. The conceptual variance was grante.l on the basis that the applicant file a variance application with the City before the building permit be issued. The variance application was filed on April 19th and a building permit issued May 13th. Daniels Long Lake Heiqht Plat was platted prior to the creation of the rural zones within the City. The lots have been s`:ved by sewer via the Long Lake Municipal System since the mid 60's. The majority of homes within the plat are developed on lots similar in area and width. Review Exhibit E, the house has been designated on the survey and meets all setback standards of the R-lB Zoning District. The topography of the lot presents no problems or unique concerns. The lot. was assessed for sewer and there is adequate capacity within the existing lines. Staff recommends approval of the lot area variance application of Timothy J. Schoen base(' on the findings and conditions set forth in the enclosed resol;,tion (Exhibit F). aCITY OF ORONO — VARIANCE h1'I 1' r � S Initial Application Fee '150.00 (;,'.-0.00 per each additional project) After -the -Fact Fees ) PROPERTY LOCATION Site Address Property Identification Number (P.I.D.) �3 - ���� --�� �7 003 Please check one -- Is the property k abstract or torrens? :'ease attach legal description to application if not included on required "rvey. -------------------------------------------------------------------------- APPLICANT Name _ Phone c�/73 Mailing Address x � ►- Xd f �ey --------------------------------------------------------------------------- OWNER Name _L ✓� L.' Lf �l/SO /%! S Phone `�` 7.� •S Diailing Address �Q _ Li9�C�C %�%J S33S Date Property Acquired 7 S^ _ (month/year) I(do)(do not) also own the adjacent parcels of land. -----------------------------------------------------------------------•--- PRESENT USE OF PROPERTY Present Zoning District cq Ir c/T Present Use of Property Residential Other (specify) ------------- -------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $��C'L'c� �y De�jcribe request in detf�i 1 : q '�� Vic' -mod rr a:� Sint le) ��. +ca NAJ fir. t nRr�f � . S 'o .t,TJ'r J -cT ---- '"'-0,°W�----------------------------------------------------------- -- VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances ( Front c,•` Rear) Other (OVER . HARDSHIP Describe undue hardship or practical difficulty resultig from strict enforcement of zoning regulations: 7-WC zAMA ' iT 41,f s ✓�/�+nt v i.J /5S-c� true .(J c, i r� e- e•. P*-:%-Sr_,-1 T__- 7c A//,✓G A-10!Va -,re,"r �Ji'Y /T /S .4l[j SG 1 r _rWe.e- c� -----------------------------------•--------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with "onina Code Requirements: _tftme AS 409C., 0 C__ --------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603Government Center 348-3271) 3. Stamped, legal sized envelopes ( #10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as require 5. Plat Map. -------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. ---------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusui: 1 expenses incurred in reviewof this application, a certifies th t the information supplied is true and correct to the bes of his/her kn edgt► Applicant's signatDate OWNERS SIGNATURE The owner hereby acknowledgek and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verifirat.ion cf his request. Owner's signature - ._,�pate Applicant must have all submittal, into the City offices 25 days before the Planning Commi ss.()n fit, s-�t intl. Plarninq Commission Meetings are held on the third Monday of each Piont h. 33-118-23 44 0023 Rudy Siford 96 Hackberry Hill Long Lake, MN 55356 33-118-23 44 0024 Thomas Pierce 66 Hackberry Hill Long Lake, MN 55356 33-118-23 44 0026 William Wear Box 306 Long Lake, MN 55356 33-118-23 44 0028 Walter Ellis 2440 Watertown Road Long Lake, MN 55356 33-118-23 44 0020 Eleanor Fairbanks 95 Willow Drive North Long Lake, MN 55356 33-118-23 44 0032 Ivan Gunsolus 51 Willow Drive North Long Lake, MN 55356 33-118-23 44 0030 Robert Johnston 1759 Watertown Road Long Lake, MN 55356 34-118-23 33 0004 William Martin 2380 Watertown Road Long Lake, MN 55356 34-118-23 33 0058 Dean Halliwill 1385 Maplewood Drive Long Lake, MN 55356 03-117-23 22 0015 Kelley 6 Kelley Inc. South Watertown Road Long Lake, MN 55356 33-118-23 44 0022 Mark 6 Sandra Schmidt 80 Hackberry Hill Long Lake, MN 55356 33-118-23 44 0025 Charles Autry 50 Hackberry Hill Long Lake, MN 55356 33-118-23 44 0027 Michael Ernhart 22 Hackberry Hill Long Lake, MN 55356 #01-1, 11 33-1)8-23 44 0021 Robert Mampel 16940 28th Avenue North Plymouth, MN 55447 33-118-23 44 0033 Donald Gronberg 65 Willow Drive North Long Lake, MN 55356 33-118-23 44 0029 Harry Johnson 2420 Watertown Road Long Lake, MN 55356 34-118-23 33 0057 M.C. McLaughlin 2340 Watertown Road Long Lake, MN 55356 34-118-23 33 0055 Elizabeth Pedersen Trustee 1190 Country Club Road Lake Zurich, IL 60047 03-117-23 22 0010 William Bowman 10 South Willow Drive Long Lake, MN 55356 04-117-23 11 00 Dicon 21350 Excelsior Blvd. Excelsior, MN 55331 In" w 1, 0 IsN !It ib BW GRAND r rE All, ELM WLAMIE 4;. rn 'A. ► 41 J )NIOLSON AvE Fit, LL) WJ j UAPLf LAM. a 41 dose 13 Af 10 ,7A . — — — ------- -A 4W a,` \1 - a: -0 (A0 VL Lor 41 IE LONG VIEW of . Permit PERMIT N!►Build5618 1 AV) APPLICA ON FOR CERTIFICATE OF OCCUPANCY DATE ISSUED EX RES P.O. BOX 66, CR ,"I'AL BAY, MN 55323 473-7357 ZON'NG D STRICT SITE ADDRESS Q, LEGAL DESCRIPTION: PROP. ID. �l LOT__--_ RI nrK cl lAnlvlclnnl PEMARKS INSPECjION REQUIRED FOOTING brlore pour FRAMING tough m _ INSULATION WALLBOARD Bowe Tali,, F INAL t/ wo tki.upaniy WORT dEYONO OR WITHOUT A RE OUIRLD INSPECTION WILL BF SUB JECT TO PENALTY INSPECTION HOURS 477 131:7 CALLS 12AM INSP I ♦PM CALL 1 4 LM INSP Nt XT DAY IN e) % .{ ss vC (Ph ne) /�/j.� /c�c 41--,3ysd FA-RCHITECTAENGINEER — Must Certify Multi Family Commercial & industrial Construction Plans Firm) (Address) (Phone) BUILDER (Firm) (Address) (Phone) TYPE OF WORK Ne Addition Remodel Renovate CONST.TYPE BLDG SIZE EST C((";S1 VALUA110% n _mac RESID N71A siuRlEs (�']� z � � PERMIT FEE BLDG. PERMIT -�'— DWELL. ITSFNONFPIESiD BURMS/ L R 5-�— STATE FEE S dU (',A".LLS SEPTIC APP DATE PLAN REVIE1Vd - - -- PENALTY DOCK PHOPOIiL)USE PARK FEE SACCHARGE COUNCIL APP ()ATE TOTAL DUE// r Sys WORK REQUIRING SEPARATE PE9MITS PLUMBING/-, MtCHANICAy. _ W F L L t__/_-_-- SEWER WATER _ GRADIN', & I IL I ING '1!ItCTF1ICA1 ',.,,•.!.tart ACKNOWLEMEMENT THE UNDERSIGNED HERt.BY REOUJFSt5 PERMISSION TO MAKE THE REAL IMPROVEMENTS SPECIFIED. AND DECLARES UNDEAi PENALTY OF LAW ACKNOWN'LEDGEMENT AND ACCCPT ANCE Of ALL INFORMA71CN. CONDITIONS ANC REQUIRE MENTS REPRESENTED ON THIS UUCUMENT THE VNOER- SIGNS D FURTHER AGRE ES TO DO A. L WORKS IN STRICT COM , PLIANCE W17H ALL CIT Y OF OHONU ONDi%At., I, AND STATE OF MINNESOTA BUILDING C:OUE Rt(;l1iF+E 4'1 '.'.`. i• i CcPY Wi,IITE FILE GHIf N I INAN( I CANARY INS✓ECTON G(.1LU ►4ECE1PT PI'49 A ST SSOR Certificate of Survey for Timothy J. Schoen of L.ot 12, Block 3, Daniels Long Lake :;eights He-nepin County, Minnesota z 0 2 179.ZZ 33 1¢2.72 36. So`` O, N. i 1 ►� n I to i w I m � I r I � co co p 7a. c k g -Q: I of 141v,2 38 o 179.22 i 33 I hereby cert.i.f y that this i s a true c3nd corr ect repre:entati.on of Vey of the boundaries of lot 1�1, Block 3, Py.iniel.;; I..onr Lake Hei;,hts, the -'ation of all buildings, if' any, thereon, and the proposed location of a pro--osk' building. It doenz not purport to show any other improvements or encroachme—:;. COFFIN & GRONBERG, INC. Spa, e: 1 inch = j*O feet Dale April3, 10$5 o T-on marker Gordon R. Cnt'1'in Reg. No. 60614 Fnaineer:; arKI Land Surveyors Long UAI<e, Minne-710ta Phoney h 7 :?-4141 MR City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VAPIANCE TO MUNICIPAL 'ZONING CODE SECTION 10.21, SUBDIVISION 5 (B) FILE #911 WHEREAS, Timothy J. Schoen (hereinafter "the applicant") has an interest in the property located at 41 Willow Drive North within the City of Orono (hereinafter "City") and legally described as follows: Lot 12, Block 3, D,.::iels Long Lake Heights (hereinafter "the property"); and WHEREAS, the applicant has applied to the City foi a variance to Municipal Zoning Code Section 10.21, Subaivision 5 (B) to allow construction of a new residence on a lot 17,366 .square feet in area instead of the required 21,780 square feet. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #931. 2. The property is located in the R-lB One Family Residential District. 3. The Orono Iff has reviewed this applicati-- and recommends appro. of the proposed lot area variance based upon the for owing findings: A) The area of the applicant's lot is consistent witl- the areas of the majority of the neveloped ')ts withi! Daniels Long Lake Heights plat. B' Per Section 10.03, Subdivision 6 (A),(1) if tho lot contai.•ieJ 17,424 square feet or 60% of the r( lu red area, the applicant would not have had to seek Council's approval to build on the property. The pro- pel-ty contaips 17,366 square feet or .796% of the required area. C) The proposed plan to develop the property Will nut revu:re setback variances and can meet all sta-hc::rds of the R-lB Zoning ..;strict. Pays I of 4 D) There are for purchase. lots. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. no undeveloped adjacent lands availah' The property is surrounded by develop J E' The property has been assessed for sewer and therms adequate capacity within the Long Lake lines to serve this property. d. The City Council has conside. -A this application includiri the findings and recommendations of the Orono staff a ,he effect of the -proposed variance on the he=lth, safety anu welfare of the community. 5. The City Council , inds that the conditions existing on this property are peculiar to it and do not al:i :y-;enerally to other property in this zoning district; that granting tl�� variance would not adversely affect .iffic conditions, light, air nor pose a fire hazard or other dangor to neighboring property; would no Merely serve as a convenience to the app? icant, but is cessary to alleviate a demonstrable hards};ip ur lifficulty; is necessary to pre- serve a substantial property right of the applicant; and wt i d b- in keeping with the spirit and intent of the Zoning Cc .e and ComprF liensi ve Plan of the City. CONCL—LONS, ORDER AND CONDITIONS Based upon the above findings, the Or .io City C-•inciI herel, .grants a valiance to the Winicipal Zonl.ng 'ode Section 10.2. , SL `.v sion � (B), to permit the const, ,,: tion of a new resident on the property legally descrii,cd c hove consisting of 17,366 square feet in area instead of the regc:red 21,780 squari,- fe. in area subject to t}.e following conritions: 1. t_, other variances are at., — ed with this appllca ,on 2. The property is to be develope,' so that it will have no detrimental effects on *he current pattern of drainage with- in Block 3 of Daniels 'Along Lake "-iights. 3. Autho-i ir., granted by varian-e with the property r )t -i:h the al ^licant, but are p,rmi ve n:...y. The api-' icar may proceed with constr t.ion pc_r the current Fui lding Permit No. 5618 dstel May 13, 1905, Page• 2 (,, 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and here- by 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 Orono City Council on this 28th day of May; 1985. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor (1) Property Owner Page 3 of 4 NNESOTA ss. COUNTY OF HENNEP_N City of ORONO RESOLUTION OF THE CITY COUNCIL On this ________ d a y of before me a_ Notary Public within appeared the person(s) described in anc- instrument, and acknowledged that his (their) free act and deed. STATE. OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) NO. 1985 id for said county, personally known to me to be who executed the foregoing he (they) executed the same as NOTARY PUBLIC MY COMMISSION EXPIRES On this day of , 1985, before me a Notary Public within and for said County, personally appeared known to me to be the person(s)�described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIkF:S Page 4 of 4 COUNCIL MEETING MAY 2 g 10:,'- To: Orono Council Members CITY OF ORONO From: Michael P. Gaffron, Assistant Zoning Administr.atorllll�J Date: May 22, 1985 Subject: #876 Randy Asplund, 3424-3444 Eastlake Street - Variance - Denial Resolution List of Exhibits Exhibit A - May 9, 1985 Memo Exhibit B - Resolution denying Fence and Concrete Patio Request This item was tabled at your May 13th meeting because the appli- cant was not present. He has since appeared in the office and re- quests now that you consider allowing construction of a deck/screen porch at 3424 Eastlake Street in lieu of the patio. Apparently his pending sale of this home depends on the ability to construct a screen porch c;, t-ne lake side of the house, i.e. another twist. This could be done withou` encroachment into the 75' setback zone, but may re- quired hardco%er variances or tradeoffs. He also wishes to still consider the ron-structural deck platform as described in my memo of May 9, 1985. Staff recommends that you: 1. Approve the attached resolution for denial fo the fence and concrete patio request. Determine a new deadline date that you wish to have the concrete patios removed. 2. Refer the derx platform and screen porch request to the Planning Commission for review at their June meeting. To: Orono Council Members From: Michael P. Gaffron, Assistant Zoning Administrator Date: May 9, 1985 Subject: #876 Randy Asplund, 3424-3444 Eastlake Street - Variance - Denial Resolution Attached is a resolution for denial of the proposed fence and patio variances for the above properties, which you directed staff to draft at your April 8, 1985 meeting. The applicant has requested that staff review an alternate pro- posal to solve his patio problem. He did not ever request this during previous reviews. His proposal is to remove the concrete patios as required and replace them with a nonhardcover, spaced, portable wooden platform underlain by sand. There would be no footings, and the platforms could be removable. Staff suggests that this may be a reasonable alternative for the applicant in order to provide a useful lakeshore yard amenity. It would seem to create the appearance of lakeshore hardcover, but in the locations away from the houses would not be likely to become hard- cover. Staff also suggests that wording be adopted in the resolution to the effect that if these platforms become a problem, the City can require their removal. Based on this proposal, staff has drafted the denial resolutions reflecting this new proposal. If Council does not feel this is an appropriate or reasonable alternative, the resolution can be easily re -drafted by deleting items 8 and 9. Please carefully review items 8 and 9 - we are breaking new ground here. Perhaps you have some addi- tional ideas. Also note that the patios are still in place as of your May 8 deadline. Since applicant came in to discuss the new proposal with staff a few days before May 8, we have not tagged yet pending outcome of the May 13 Council meeting. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. RESOLUTION DENYING VARIANCES TO MUNICIPAI, ZONING CODE SECTION 10.22, SUBDIVISION 2, SECTION 10.55, SUBDIVISION 8, AND SECTION 10.03, SUBDIVISION 15 (D) FOR PROPERTIES LOCATED AT 3424 AND 3444 EASTLAKE STREET FILE 1876 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq. the City Council has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, Randy Asplund has applied for variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.55, Subdivision 8 to permit construction of patios (excess hardcover) within 75 feet of the lakeshore on properties legally described as Lot 2 and Lot 3, Bayside Beach; and to permit con- struction of an 8-foot high fence on Lot 3, Bayside Beach, which fence would be located less than 10 feet from the right-of-way of Eastlake Street and within the lakeshore yard area. WHEREAS, the City Council has reviewed the application; the recommendations of staff and the Planning Commission; com- ments of the neighboring property owners; and comments made by the applicant. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby denies the requested hardcover variances (Sentions 10.22, Subdivision 2 and Section 10.55, Subd,.,;,,ion 8) for Lots 2 and 3, Bayside Beach, and denies a variant for con- struction of an 8-foot high fence (Section 10.03, Subdivision 15 (D) ) on Lot 3, Bayside Beach, based on one or more of the following findings of fact concerning this properties: 1. The properties are located in the LR-lA Single Family Lakeshore Residential District and were granted variances for substandard building sites per Resolution i1341 by the City Council, dated December 14, 1981. Building permits were subsequently issued for single family residences, tht. plans for which did not include patios or fences. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2. condition 4 of.Resolution #1341 stated in part that "All proposed structures and additional improvements must meet the 75' setback from the lakeshore." 3. The concrete patios are considered structures and were installed without a permit being issued in violation of the lakeshore setback and hardcover zoning code requirements, which allow 08 hardcover and no improvements in the 0-75' lakeshore setback zone. 4. Applicant has not demonstrated that a substantial hard- ship exists. 5. Construction of an 8' fence as proposed would be detri- mental to the neighborhood and would decrease the lake views for the neighboring residences on Eastlake Street. 6. The granting of the required variances would result in the following violations of Section 10.08, Subdivision 3 (A) of the Zoning Code with which the applicant must first comply before the requested variances can be granted: a) In review of the factual findings noted above, the plight of this applicant was created by his own actions and has nothing to do with a unique hardship related to the land. b) There are no special conditions applying to the land in question which are peculiar to the land or immediately adjoining property. c) The granting of the application is not necessary for the preservation and enjoyment of a substantii property right of the applicant. d) The granting of the variances would be contrary to the intent of the Zoning Code and Comprehensive Plan. e) The granting of the variances will serve mainly as a convenience to the applicant, and is not necessary to alleviate demonstrable hardship or difficulty. 7. The applicant has not. introduced any evidence contrary to any of the above findings; of fact. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. FURTHERMORE, BE IT RESOLVED that the City Council of the City of Orono hereby orders the applicant to remove the concrete patios by__ _, 1985, and violation of or non- compliance with this iusolution shall constitute a violation of the zoning code and shall be punishable as a misdemeanor. Adopted by the City Council of the City of Orono, Minnesota on the 28th day of May, 1985. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Property Owner(s) Property Owner(s) Page 3 of 4 NESOTA ss. COUNTY OF HENNEPIN City of OR ONO RESOLUTION OP THE CITY COUNCIL NO. On this _ _ _ day of 1985 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their; free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 1985, before me a Notary Public within and for said County, personally appeared _ _ ____ __ _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 COUNCIL MEETING To: Orono Council Members I A A Y 2 s 1-1'5 CITY OF ORONO From: Michael P. Gaffron, Assistant Zonino Administrator Date: May 22, 1985 Sub;ect: #897 Janet & Chuck Peterson, 825 Old Long Lake Road - Preliminary Subdivision This item was tabled at your May 13th meeting pending testing of an alternate drainfield site for the existing house, and pending a review of the need for a drainage easement over the swaled area of the property. Septic testing has been submitted and has located suitable area for an alternate drainfield site adjacent to the existing drainfield. City Engineer, Glenn Cook and staff have reinspected the site and find that the swale which generally runs along or parallel to the lot boundary, drains essentially just these two properties, a relatively small area. The swale does not appear to have the characteristic vegetation or topography to warrant designation as a wetland. A 10' wide drainage and utility ease- ment along either side of the division line will be acceptable. Any future redevelopement or reconstruction on proposed Lot I may wish to consider a minor redirection of the swale to conform to the drainage easement along the lot line. Each lot contains the required two acres of dry buildable land. Staff recommends approval of the preliminary subdivision subject to the following conditions: 1. Standard drainage and utility easements to be shown on plat (10' wide drainage and utility easement along either side of the division line). 2. Park fee to be paid for the new lot in the amount of $209. MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 18, 1985. PAGE 5 #896 JAMES ANDERSON Rovegno moved, Taylor seconded, to recommend approval of the preliminary subdivision for James N. Anderson r,t property located at 2300 Fox Street subject to the following conditions: 1. Staff approval of the septic system testing information. 2. Staff review and approval of the driveway access location. 3. Flowage & Conservation r•.asement over the designated wetland areas. 4. Standard drainage anJ utility easements. 5. Park fee in the amount of $200.00 for each new lot. Motion, Ayes (6), Nays (0`. (# 89-\7_,_JANF.T & CHUCK '.'i TERSON I-,M OLD LONG LAKE F(,),ll PRELIMINARY SUBDIVIb?ON CLASS II PUBLIC HEARING 8:36 - 8:41 PM Ward Krueger was present to represent the applicants. Assistant Zoning Administrator Caffron noted the certificate of mailing and the affidavit of publica- tion. Thera was no (—ne present. from the public. Asnistant Zoninq Administrator Gaffron statec: that. this application is a subdivision of approximately a 4.4 acre: parcel, excluding roadways. Thus making twc lots of approximately 2.2 acres. The topography of this property makes this subdivision a logical division. Kelley noted that the houses would have to build behind the 200' lot width line. Kelley also ques- tioned how many driveways would be incorporated. Mr. Krucrier stated that two driveways would be implemented. Kelley moved. Goet ten seconded, to recommend approval of preliminary Subdivision for Chuck & Janet. Peterson for property located at 825 Old 1,onq 1,ake Road sub- ject to thc• following conditions: 1. Septic t e-st i nq appr (,va 1 for bt)t h t M_, n«-w 1 c,t and .in '1 1 t e'r l"l t e• r. i t c' for t l;v r•x i st i nq F.uuw-v. MINUTES of THE PLANNING COMMISSION MEETING HFLD MARCH 18, 1985. PAGY. 6 #897 CHUCK & ;fANFT rETERSON 2. In'spection and approval of the existing septic system for the existing house. 3. City Engineer/Public Works Director review of the access locations. 4. Applicant to execute proper drainage and utility easements. 5. Dedication of roadway on the plat if not excluded in the legal description. 6. Standard park dedication fee of $200.00 for the new lot. 7. Building envelope be at 200' wide or greater at the new building site. Motion, Ayes (6), Nayes (C). #876 RANDY ASPLUND 3424-3444 EASTI.AKF. STREET VARIANCE Randy Asp and wa s not. present. The f a l ] cwi ng neighbors were present: Esther Addison of 3382 Bayside Rcad Barbara Huber of 3390 Bayside Roar] Kathe Jukisk of 3280 BaysA:de Read Rovegno moved, Goetten seconded, to recommend der.1a 1 of the variance applications of Ranuy AAf?lund for the fence and the concrete pati4)s wit'r.�n 75' of the lakeshore based on the fact that the applicant has demonstrated no hardship for basis of approval of the variance as was recommerided at January 21, 1985 meeting. Chairman Callahan stated that this matter has come up again because thf� applicant had requested it. because he couldn't make the previous meetings, therefore, even in his ab%enct, this matter will be acted upon. Motion, Ayes (6), Nayes (0). COUNCIL INEE1NIG MAY 2 g 108- To. Orono Council Members From: Michael P. Gaffron, Assistant Zoning AdmiR 'st9ftP0NO Date: April 30, 1985 Subject: #903 Ward P. Ferrell, 3405 Watertown Road - Zoning Code Interpretation List of Exhibits Exhibit A - Application _ Exhibit B - Property Owners List. Exhibit C - Plat Mdp Exhibit D - Survey Exhibit F. - Proposed Site Plan Exhibit F - Staff Sketch of I.ot Areas Exh_hit H - Staff Letter '-o Applicant 2/27/85 Exhibit I - Draft Resolution From Alden Anderson (Application #635) Exhibit J - Tax History Exhibit K - Minutes From Planning Commission Meeting 4/15/85 Exhibit L - Staff Memo to Planning Commission 4/8/85 The applicant owns four adjacent tax parcels in the RR-1B zoning district totaling 2.90 acres. The existing house, well, and septic system are contained within the two easterly parcels totaling 1.01 acres. The two • sterly parcels are 1.04 a:•d 0.85 acres respectively. The applicant wishes to obtain a building permit for the 1.04 acre lot. In staff's preliminary review of this request by the appli- cant, it was clear that the application was nearly indentical to the request of Alden Anderson on Shoreline Drive in 1981, which was effectively denied before it was withdrawn. Based on the Alden Anderson denial, staff felt Council would likely not grant a variance for the Ferrell application. Rather than force the applicant to spend extreme amounts of money for the full variance application, soil testing, survey work, etc. only to be denied, staff felt obligated to advise the applicant to submit a zoning appeal application with $100.00 fee. Please review my memo to Planning Commission of 4/81m5 and the Planning Commission minutc-s, and the exhibits. Note that the informal consensus of the Planning Commission was that at most the :.pplicant might be allowed one building site by combining Lots 7 and 8 for a total of 1.89 acres, leaving the exist inq house on 1.01 acres. Please advise the applicant whether or not you will consider grantinq a variance to the, rural common ownership section of the code. # 3 CITY OF ORONO - VARIANCE: APPLICATION Initial Application Fee $150.00 ($50.00 per each additional project) After -the -Fact Fees (Additional $50.00 payment per each project) ------------------------------------------------------------------------- PROPERTY LOCATION Site Address 211.l � r��/ 1 ,• 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 WA& �Lli"� Zz_ Phone tz ` 91 Mailing Address .�'C-✓�" !?'.�'�f,,/ ---------------------------------------------------------------------- OWNER Name �/1��/>«,�,f.�l Phone Mailing Address -710,[ Date Property Acquired (month/year) I (do) bit? also own the adjacent parcels of land. -----------------------------------------------------------------------•--- PRESENT USE OF PROPERTY Present Zonir,y District Present Use of Property ��� _ Residential Other (specify) -------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $>`� Describe request in detail: ,,` 1'Q.A),-0, l'� -- - ----------------------------------------------------- -------------------- VARIANCBS REQUIRED /� I - ' Area Lot Width /� Hardcover' Setback Variances -front Side Real) Other ( Ovrk ) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: Z/,'�-�/Z --------------------------------------------------------- DF.SCRI PTI ON OF UNUSUAL, PROPI.RTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: I%j/ l'i ---------------------------------------------------------- REQUIRE:D SUBMITTALS 1!' Completed Applicatic Form. 2.v Certified Property Owners List of owners within 150' (you can obtain this l i st from Hennepin County Department of Finance A-603Government Center 348-3271) 3. Stamped, legal sized envelopes ( #10) pre -addressed to each of the names on the above list with no return address. 4.''Certificate of survey including hardcover calculations as required. 5. ✓ Plat Map. ----------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. --------------- ------------------------------ APPLICANT'S SIGNATURE: The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay allfeesand/or unusual expenses incurred in reviewof this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature �����1� Date __;)� OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application authorizes reasonable entry onto the property by City staff, agents, commission members, and Council members for purposes of and verification of this request. Owner's signature �i�i�%"� Date and further consultants, investigation -------------------------------------------------------- ------------------- Applicant must have all submittals into the City officrf. 21 days before the Planning Commission Mcetinq_. Planning Commission Meetings ire hel,cnt.hethird Monday of each month. RUN DATE 02/04/85 t1ENNEPIN COUNTY PROPEFTY TNFOPMATION SYSTEM REPORT NO. PI435401 PROPERTY OWNERS LIST PAGE 6 BATCH 003 38 05-117-23 11 0002 PROP AOOR 03405 HIG11 LA 0::`IER NAME CYRIL L OUCHARHE ETAL TAXPAYER CYRIL L DUCH6RME NAME/ADOR 3405 HIGH LANE LONG LAKE MN 55356 38 32-118-23 43 0009 PROP ADDR 03445 WATERTCWN RD 01:`:ER NAVE R T GUADY ETAL TAXPAYER ROBERT T G'JADY NA►tE/ADDR 3445 S WATERTOWN RD LONG LAKE ►IN 55356 38 32-118-23 44 0003 PROP ADDR 03260 WATERTOWN PO C:. !ER NAME D A M HART TAXPAYER CCUGLAS W HART NAME/ADDR 3280 WATEPTOUN ROAD LONG LAKE MN 55356 38 32-118-23 44 0006 PROP ADDR 03380 WATERTOWN RD C:"tER NAME R A G RICE TAXPAYER JEPOME S RICE N1.11E/ADDR 4025 WATEpTC.:N ROAD MAPLE PLAIN MN 55359 38 32-118-23 44 0009 PROP ADDR 03405 WATERTOWN RD MNER NAME WAPD FERPELL ETAL TAXPAYER WAPD P FERRELL NAME/AVCR 340S WATERTCWN POAD LOt!G LAt:E 11`4 55356 38 05-117-23 11 0005 00095 LEAF ST E C GRAHAt1 JP ETAL E C GPAHAM JR Q5 LEAF ST LONG LAKE MN 55356 30 32-118-23 43 0010 03425 WATERTOWN RD WANDA L PETERSEN WANDA L PETERSEN PT 2 BOX 425 LUNG LAKE ►14 55356 38 32-118-23 44 0004 03340 WATERTOWN PO VERNE HUODELL VERNE HUUBU L 3340 WATERTG:.N RD LOt,G LAKE HN 55355 38 32-118-23 44 0007 03405 WATEPTC',:N PO WLPD FERPELL ETAL 1:A'=0 FERRELL 3405 WATERTCWN PO LO!l3 LAKE MH 55356 38 32-118-23 44 0010 MAPY FARRELL ETAL W".PD FERPELL 3,o05 WATEPTC::N PD LC'1G LA! E 19l 55356 38 05-117-23 12 0014 03420 HIGH LA H W WOLVERTON ETAL H WESLEY WOLVEPTON 3420 HICH LANE LONG LAKE MN 55356 38 32-118-23 43 0011 L D MACK.INNON A L MACKINNON LEONAPO D A LINDA MACKINNON 3400 WATEPTO:04 ROAD LONG LAKE ►N 55356 38 32-110-23 44 0005 03360 WATERTOWN PD V A M NLI30ELL VERNE M HU:BELL 3340 WATERTOWN ROAD LC!75 LAKE MN 55356 38 32-118-23 44 0008 WAPD FERRELL ETAL WARD FEP ELL 3405 WATF:'TC!!N PO LC!'G LAKE 1:4 55356 TOTAL BATCH 003 00014 #903 RUN DATE 02/04/65 BATCH 003 HENNEPIN COUNTY PROPERTY I►1FORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 PAGE 7 I CERTIFY THAT THE FACTS PEPPESENTED APE AN Ar'JRATE AND TRUE REPRESENTATION OF INFOZMAT• AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEF ENT OF PROP[RfY TAXATION. TO THE BEST OF MY KNOWLEDGE AND DELI �e / DATE Z, V� BY i G, 00 •: IGo s 1525 (6 ) q O N (Sl Z800 �`: 30 LI) •w ' co "IX IX dr Flat of Sur•v-v for Ward P. Ferrell in the SE 1/4 of Snr!. ion 32, T113N, li23W Certificate of Survey: I hereby certifv that this is a true and correct representation of a survey of the boundaries of all that part of the Southeast quarter of Lection 32, T118N, R23W, described as follows: Befinninp at a point on the South ling of sain South- east quarter, 1228 feet Nest of the South - Past corner LherPof; therx,e west along said Loutt: line 140 feot; thence Lorti: at right anfles to said Scutt-, line to the public road; thence ::outt.e:.sterly alonf said road to its inters-ction with a line drawn North tbrouFts t},e point of bPfinnine at rirht anfles to the :;outt, lip.^ of said Louthshst quarter; th,1t;cP .;outl; to the point of bafinninf•; and of t.h^ location of all buildinfs thereon, and rill. visibl^ ercroacF.a,ents, if any, frc,r, or on said land. Wm. S. F:el l .-y I Jr . i :e# . No. 1342 Bruce 1:. Kelley ;7ef. No. :713 Gordon Coffi:, pl-. i;o. 6064 ,r,-.LL v .,t K-.LL••.Y, :•nfin,­-!rs Lonf L4kP, Vi n-sott, rY :.'ct,le: 1" = ,(,, :rat^ : .;anuLry o . iron Weaker is, - - — se c•'...Vv of SC yl� t hereby rer :hat this survey. plan, or report So.. :' us Zl Ma: prepared by nu or umlcr m} alircrt super- vizion and that t an, a duly Registered Land Surveyor under the taws of t1le Statc of Minn. esuta. _ 3.szn c� 1 •7 70 #903 1# 0410 3 CITY of ORONO Post Office Box 660Crysual flay, Minnesota 55323•Municipal Offices On the North Shore of Lake Minnetonka February 27, 1985 Ward Ferrell 3405 Watertown Road Long Lake, MN 55356 Re: Variance Application Dear Mr. Ferrell: As we discussed over the phone, based on the zoning code require- ments and the results of a similar application a few years ago, I feel there is little chance your proposal would be approved. I am sending copies of the pertinent code sections dealing with existing lots of record. In regards to the Stubbs Bay Marina property division you referred to, this was previously zoned B-2 commercial and the 3 lot subdivision was arrived at only after intensive study and deliberation by the City. In a nutshell, the 3 residential lots of about 1/2 acre each were found to create a much less intensive use of the lake than the Marina. This would appear to be a unique situation and not really related to your application. As I see it you have two options i f you wish to proceed with your proposal: a) Go ahead with the application for a variance of lot area and lot width; application fee $200.00 plus $40.00 refundable land use application sign deposit. or b) File a zoning appeal, i.e. an appeal of the Zoning Adminis- trate interpretation of the zoning code; application fee $100.00. It would be your responsibility to explain to the Planning Commission why the code should not apply in your situation. The deadline for information to be submitted for the April 15 Planning Commission meeting is March 21st. Please contact me if you have further questions. Sincerely, � Michael P. Gaffton, Assistant Zoninc Adminitrator /CllUi�.t.♦/1)%1♦/, 4711151 0 ADIAMSIKATKA&I{NAN( 1 47)7155 0 Pt'YLN'wUkKS 4737154 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION DENYING VARIANCES REQUESTED BY AI.DEN ANDERSON FOR A PROPERTY LEGALLY DESCRIBED AS TRACTS C AND D, REGISTERED LAND SURVEY 96 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq. the City Council has adopted zoning regulations for the :-otection of the public health, safety and general welfare; and WHEREAS, Alden Anderson has applied for a lot width and lot area variance to per:,iit construction of a new sinc;le family residence on a property legally described as Tract C and Tract D, Registered Land Survey 96, hereinafter referred to as the property; and WHEREAS, the City Council has reviewed the application; the recorrmendations of staff and the Planning Commission; cor^mentE of the neighboring property owners; and letters and cormme nts male by the applicant. NOW, THEREFORE, BE IT RESOLVED, that the City Council of. the City of Orono hereby denies the requested lot width and lot area variances (Section. 34.352) for Tracts C and D R.L.S. 96, and denies other required variances, which variances are lot area variance (Section 34.352) Tracts E & F, R.L.S. 95 and development of substandard lots of record 'held in common ownership (Section 31.202) for Tract C, D, E and F, R.L.S. 96, based upon one or more of the following findings of fact con:ern4:,g this property: 1) The property is located in the Lf?-lA Single Family Lakeshore Residential District which has the following minimum lot requirements: Section 34.352 Lot Area = 2 acres Lot Width = 200 ft. Front setback = 50 ft.. Lake setback = 75 ft. Side setback = 30 ft. 2) Tract C, the proposed building lot is deficient in regards to lot area and lot width requirements as follows: Tract C's area exclusive of road easement per Section 31.204 is 1.7 acres - short 13,068 sf or 151 Tract C's actual width is 120.3 tt. - shoe_` 79.7 ft or 40% P:1ciC City of ORONO RESOLUTION OF THE CITY COUNCIL NC 3) :Tact E, the developed lot is also deficient in regards to lot area requirements as follows: Tract E's area exclusive of road casement per Section 31.20; is 1.4 acres - short 26,136 sf or 30% 4) Combined Tracts C At D, R.L.S. 96 and combined Tract E & F, R.L.G. 96 have been owned in common by Anderson from May 23, 19-56 to the present. 5) Tracts C, D, E, and F were owned in common by Sam Houston Hkl`:rian and Florence Margaret Huffman since October 14, 1952 at the time of the replatting of Lot 4 and 4A Auditor's Subdivision Number 356. 6) Vacant Tracts C and D are used as lawn area and additional lake access for the existing residence on combined Tracts E and F. With this use and with the lots in common ownership, the four lots combined meet all the District zoning requirements. 7) A new hone: on :Tact C would require an additional curh cut •:n a section of Shoreline Drive that is heavily trafficked and already has an excessive number )" lccesses serving e::isting houses. 3) moth Tracts C and E have been zoned for a minimum lot size of 2 acres Since Ordinance No. 172 in 1974 at which tirre the two lots were held in common ownership by Alden i,. :%ndlerson and Helen I•:. Anderson and which lots combined met the requirements of this zoning density. 9) Denial of *.hz! subject variances would not constitute a taking of Froperty or loss of substantial value because Tract C has always had value and been used as required area and yard space for the residence on Tract E. 10) Section 31.203 of the zoning code provides for development of lots of record of greater than one acre held in separate ownership since pricy to the effective date of the zoning regulations. Tracts C and D do not conform to this section because tFiey were in co,►:rc;n ownership with Tracts E and F since 1974 to the present. 11) The City Council has alwayo required that when two or more lots are own,�-d in common, each lot must individually meet or exceed the requirements of the Zoning Code before any of the lots can be built upon and that two, or more substandard lots owned in common must be combined so that the resulting combined lot meets the requirements of th•2 Zoning Code before the lots can tic built upc•n. . % •. L. 1... : u. .. ..a.... ra -](' 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 12) The granting of such a variance would require amending the man.: sections of the Comprehensive filar. Lhat ,overn the rural development of the City. i'1e City of Orono h .i:. been consistent in requiring a minimum of two acres for a buildable lot in the rural areas cf the City -where there is no sewer service. 13) . The granting of such a variance would require i.h: rczu:cir.g of the property to an urban lot size in add:.tic;n to requiring the extension of City services to the property to mkaintain a suitable level of fire protraction. 14', The assessed `air market value of combi.—ad Tr'cts C and D From 1969 to 1982 ::how it assessed as an inure,.antal value when compared to the assessed fair market value of com.;-fined T'r.scts C and F over the same oe:•iod of time. 15) The granting of the ree;uired variances woul.? r sult in =tic following violations of Section 32.340 c. :.he Zoning Code with wh'i ch the applicant must first cor•.F y be:are the reyTired variances can be granted: -0 The variances would have an adverse affact upon the health, safety and welfa_-e oz the cora:.anity for the reasons outlined herein. b) The safety and welfare of the comir.unitr w,>uld b_- adversely affected for the reasons outli.red herein, especially increased traffic any: drainage pro}lerns. c) The amcunt of light and air in the neighborhoc" would be liminished by adding a truce.ire on the substandard lot. d) The values of surrounding properties will t•e adversely affected. e) There are no special conditions applyin,_; to t land in auestien which are peculiar to the land or i:-riediately ad;oining property. f) The cordition of having a sutrztandard lot or two ad acer.t substandard lots held in common applies c;cnerally in the lakeshr.,re residential districts. g) The granting of the application is not necessary for the preservation and enjoyment of a substantial property right of the applicant. h) The granting of the variances will impair the i.t•alth, safety, comfort_ an.1 be c.c:ntrary to tno intent o: the k:c1nin•1 Cod,- and Coinhrehensivc, Man. AJ uen Andel son Page 4 City of ()11()NO RESOLUTION OF THE CITY COUNCIL NO. .L, The granting o>` the variances will serve mainly as a convenience to the applicant, and is not necessary to alleviate demonstrable hardship or difficulty. ].6) The applicant has not introduced any evidence contrary to any of the above findings of fact. The applicant has claimed only that combined Tracts C. and D would be of greater value to him if he could sell it to a third party with the variances necessary to build a home upon it. 17) The granting of such a variance would require the extension of City water and sewer to maintain :he standards setforth in the Orono Zoning Code and Comprehensive Plan for an urban sized lot. 18) Ir_ granting such a variance, Council would abandon a longstanding, consistent policy in consideration of the buildability of substandard lots under co-unc^ ownership and thereby establish an adverse precedent. 19) In order to put everyone on notice that the above referenced substandard lots in common ownership must remain under common ownership to maintain the existing house as a conforming use, Council hereby directs the City sta`f to file such notice against the properties legally described as Tracts C, D, E, and F, A.L.S. 96. Adopted by the City Council of the City of Orono, Minreseta on the day of 1981. W lliam B. Van Nest, Mayor ATTEST: Alberta M. Strom, City Clerk vacant 1.07 acres YEAR PID 0007 MKT VALUE, T'\X TAX VALUATION PT- .tY Ward Ferrell, 3405 _own Road vacant 0.85 acre PID 0008 MKT VALUE TAX with hour vacant 0.91 acr 0.10 acre PID 0009 PID 0010 MKT VALUE* TAX** MKT VALUE TAX Exhibit J TOTAL TAX (Before Homestead Credit 1985 5,000 198.60 5,000 198.6C 25,000 2,064.62 200 7.94 2,469.76 1984 5,000 205.54 5,000 205.54 25,000 2,121.22 200 8.22 2,540.52 1983 ------------------------------------------------------------------------------------------------------------ 5,000 193.50 51000 193.50 25,000 2,097.92 200 7.74 2,492.66 1992 10,400 384.30 6,600 243.88 14,100 1,628.12 220 8.12 2,264.42 1981 10,400 354.32 6,600 224.86 14,200 1,534.20 220 7.48 2,120.86 1980 9,2nn 283.98 5,800 212.98 13,960 1,596.70 200 5.82 2,099.48 ------------------------------------------------------------------------------------------------------------ (12,500)*** 1979 5,100 198.42 5,100 198.42 7,070 1,674.92 120 3.:8 2,075.64 (5,900) 1978 4,600 183.90 4,600 183.90 6,240 1,688.56 110 3.96 2,060.32 (5,300) 1977 4,200 169.46 4,200 169.46 4,740 1,657.63 110 4.04 2,000.59 (4,235) ----.. --------------------------------------------------------------------------------------------------- `1976 3,500 151.78 3,500 151.78 **** 1,460.46 90 3.92 1,767.94 1975 3,200 154.14 3,200 154.14 **** 1,457.43 90 4.36 1,770.07 i974 3,200 141.38 3,200 141.38 **** 1,341.98 90 4.00 1,628.74 'Market value of land portion only **Tax on land and structures ***Number in parentheses is Limited Value of land portion; Market Value number was calculated Us?nq the formula: Limited value of land portion MKT VALUE ------------------------------------ x MKT VALUE land and structures Limite] value of land and structure .""During these years the tax records do not indicate the values of land and structures separately MINUTE'S OF TI11: O1.ONo rI.AN14ING COMMISSION MEETING lll:l.0 Al'RIL 15, 1985 PAGF. 3 1895 T.M. CROSBY Apl;roval is subject to the following conditions: 1. PID 11-117-23 32 0004 and northern portion of rearranged PID 11-117-23 32 0005 to be combined with Crosby homestead lot. 2. PID 11-117-;:3 32 0006 and southern portion of rearranged PID 11-117-23 32 0005 to be legally combined for tax purposes. 3. All future struction on undeveloped lot that involves the alte .,n of flood plain fringe areas must be reviewed approved by the DNR before a bui ldinq permit can be issued by the City of Orono. 4. Tested septic site area on undeveloped lot must be staked and protected prior to construction. Motion, Ayes (6), Nays (0). 1903 WARD FERRELL 3405 WATF"TOWN ROAD REQUEST '. CONFIRM INTERPRETATION OF ZONING CODE PUBLIC HEARING 8:10-8:49 PM Ward and Mary Ferrell were present. Chairman Callahan announced that now was the time and place for the public hearing to be held concerning Ward Ferrell's application to confirm the staff's interpretation of the zoning code. There was no one present from the public for this application. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Ward Ferrell explained that in 1946 they bought the property on Watertown Road. Ferrell stated that in 1958 they decided to divide the property to build a new home. Ferrell stated that he was informed by staff at that time that he had to appear before the Council. Ferrell stated that everyone agreed on the Council, except one person. Ferrell stated that this property was divided at the previous mayor's (Herb Ross) request . Ferrell agreed and he met the zoning at that time and rioted that he could have had 5 lots but chose four lots to make bigger lots. Ferrell explained that the surrounding lots are all the same size. Ferrer. stated that the zoning has since changed. Assistant Zoning Administrator Gaffron reviewed with the Planning Commission that in 1967 this area was zoned 1 acre. Gaffron staied that from 1967-1975, Ferrell could have built on those lots without variances. Gaffron noted that in 1975 the area was rezoned to 2 acre. Gaff ron explained that in a similar case on Shoreline Drive, the Council denied the applicant the variances givirg the City a clear policy in the common ownership issue within the rural areas of Orono. C..iffrun reviewed with the Planning Commission the tax MINUTES OF THY-1 ORONO PLANNING COMMISSION MIA-1-PING II IAA) APRI L 1 5 , 19135 IIAG1: 4 #903 WARD FERRELL Rovegnonoted that for 20 years it has been taxed as a separate buildable site and for the past 3 years it has not been taxed as a buildable site. Ward Ferrell stated that he has kept the property all these years thinking he could build on each parcel and he noted he would like to build his retirement home on one of the parcels. Ferrell noted he has owned the property since 1950 and is entitled to build. Planning Commission agreed with staff's interpretation of the zoning code that the property needs a variance. Chairman Callahan suggested that the Planning Commission be polled as to their fee'_ing on the application if it were an actual variance request. Kelley felt that Lots 7 and 8 should be combined into one lot, thereby only allowing two lots [the existing lot with the existing home and one other lot (7 6 8 combined)]. i`;ary Ferrell stated that the cede is not consistent and is contradictory in that the zoning has changed along with the code over the years. Sime felt that there is very little doubt that staff interpreted the zoning code correctly, but whether ht� agrees wit',ithe basic premise is another point. Sime felt that thfreare a bundle of rights that go with the land and should not betaken away from people by changing the rules or zoning while they still own the land. Sime stated that the common ownership issue seems to alter the rules for people. Most of the Planning Commission felt they could r •ily approved two lots [the existing lot with the existing home and one other lot] conditioned upon Lots 7 and 8 being combined. Chairman Callahan closed the public hearing at 8:49 p.m. Rovegno moved, Sime seconded, to confirm staff's interpretation of the zoning code that these lots do need variances. Motion, Ayes (6), Nays (0). Rovegno felt that a less intense use of the property would be more reasonable by combining Lot 7 and 8 and that way the applicants would only need a lot area variance and not a lot width variance. Zoning Administrator Mabusth stated that this application was brought in under a request to confirm the interpretation of the zoning code in order to save the applicants money. Maburth noted that a completed application would require payment for area variances for each proposed and existing building site in addition to septic testing for each undeveloped site and an alternate test site for existing MINUTE'S OF TIII•: OIZO140 PLANNING COMMISSION MI -:I -;']'IN(; IiJ:J.I) A11101. 35, 198) PAGK 5 house. Mabusth noted that staff concluded that in light of. Counci.l's recent amendment of the zoning code dealing with rural .ots under common ownersh_,-) and their decision on the Shoreline Drive property of Alden Anderson, that this approach was the most inexpensive way to get an answer for the applicant. 1905 DENNIS THOMPSON 250 OLD CRYSTAL BAY ROAD CONDITIONAL USE PERMIT PUBLIC HEARING ' 8:50 - 8:51 PM Dennis Thompson was not present. Chairman Callahan announced that now was the time and place for a public hearing concerning Dennis Thompson's conditional use permit application. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. There was no one present in the audience for this application. Chairman Callahan closed the public hearing at 8:51 p.m. 1907 JAMES B?GHAM 1545 LONG LAKE BIND VARIANCE PUBLIC HEARING .52-9:12PM Zoning Administrator Mabusth stated that during construction on the Thompson home, staff noted a second kitchen and a separate apartment area being constructed and felt that a conditional use permit should be applied for. Mabusth stated that Thompson has agreed that the guest apartment will never be rented out. Kelley moved, Sime seconded, to recommend apprcval of a co,.ditional use permit for the guest apartment within the residence located at 250 Old Crystal Bay Road finding all. standards of Section 10.20, Subdivision 3(G) to be statisfied subject to the condition that the separate apartment unit may never be rented. Motion, Ayes ( 6) , Nays (0). James Bigham was present. Chairman Callahan announced that now was the time and place for the public hearing concerning James Bigham's variance request. There was no one present from the audience for this application. Assistant Zoning Administrator Gaff ron noted the certificate of mailing and the affidavit of publication. Assistant Zoning Administrator Gaff ron explained that the applicant is requesting a variance to construct an addition to his home which will increase the hardcover in both 0-75' and 75-250' setback zones. Gaffron stated that the addition will increase the potential water usage since they plan to construct a bedroom. Gaffron noted that Bigham replaced his septic system in November of 1984, but that there are no alternate drainfield sites on the property and that if the new system fails at sonic point and it could not be reps? -ed, a To: Planning Commission Members From: Michael P. Gaffron, Assistant Zoning Administrator Date: April 8, 1985 Subject: #903 Ward P. Ferrell, 3405 Watertown Road - Interpretation of zoning code regarding the buidability of substandard commonly -owned lots in the RR-lB un- sewered zoning district. List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Survey Exhibit E - Proposed Site Plan Exhibit F - Staff Sketch of Lot Areas Exhibit H - Staff Letter to Applicant 2/27/85 Exhibit I - Draft Resolution From Alden Anderson (Application #635) Exhibit J - Tax History The applicant owns four adjacent tax parcels in the RR-lB zoning district totaling 2.90 acres. The existing house, well, and septic system are contained within the two easterly parcels totaling 1.01 acres. The two westerly parcels are 1.04 and 0.85 acres respectively. The applicant wishes to obtain a building permit for the 1.04 acre lot. Mr. Ferrell became owner of all four parcels prior to the 1967 zoning code. The 1967 Code declared the land in question as Zone R-lC, 1 Acre Single Family Residential. That 1967 Code stated, regarding lots of record, as follows: 31.200. Existing Lots. A lot of record existing upon Sept. 14, 1967 (the effective date of the Zoning Code) under single separate ownership in a "R" Residential District, which does not meet the requirements of the Zoning Code as to area or width may be utilized for a single family detached dwelling purpose provided that in the judgement of the Council such use does not adversely affect public health or safety. Single separate ownerships includes joint owner- ship by not more than two persons. The 1967 Code did not discuss common ownership properties nor did it differentiate between sewered and unsewered lots of record. Under this code, the applicant would likely have been allowed to build on the lot in question without a variance be- cause the lot met the standards of the 1 acre zoning district. The 1974 Zoning Code declared this land to be zoned RR-lB, 2 Acre Single Family Residential. As far as existing lots of record, it stated as follows: 31.201. Existing Lots. A lot of record existing upon January 1, 1975 (the effective date of the Zoning Code) under single separate ownership in an "R" District, which does no" meet t`he requirements of the Zoning Code as to area or width may be utilized for a single family detached dwelling purpose provided that in the judgment of the Council such use does not adversely affect public health or safety and the following requirements are met: 31.203. In 'R' districts of Greater Than One Acre. A lot of record in any "R" District in the City in excess of one acre, which does not meet the requirements of this Zoning Code as to area or width only, may be utilized for single family detached dwelling purposes if the Council finds: (1) it is at least one acre in size, and the average width of the lot is at least 100 feet; and (2) it is either served by public sanitary sewer or meets all the septic system requirements of the City or other governmental body; and (3) it otherwise meets the requirements of this or other applicable ordinances. Under the 1974 Code, the Council at their option could have granted a lot area variance for a lot in single separate owner- ship, but the Code again did not specifically discuss the stan- dards for the separation of commonly owned lots. The general City policy, as evidenced by fhe outcome of at least one typical zoning application in 1981 was that unsewered adjacent lots owned in common could not be considered buildable and could not be separated unless each resulting lot or combination of lots in- cluded the required acreage in that zoning district. Upon recodification in 1984 the Zoning Code was amended to include the following Section 10.03, Subdivision 6 (C): C. The separation by the transfer or sale of nonconform- ing, undeveloped lots not served by public sanitary sewer, aligned in a contiguous arrangement, undivided by a public or private road or road easement and under same or common ownership is required if the separation of such lots results in individual building sites that satisfy the area and width requirements of the Zoning Chapter. Staff's interpretation of the current code is that the applicant would be prohii.ited from separating his four adjacent lots, since separation of either of the westerly lots from the main property would result in the creating of buil ng sites less than two acres in area. 2 60 Staff has told the applicant on numerous occasions over recent years that it is unlikely the City would allow building permits for his adjacent parcels. A similar application by Alden Anderson at 1900 Shoreline Drive resulted in Council voting 4-0 to deny separation of adjacent 1..4 acre and 1.8 acre commonly owned parcels from each other, based on 1) lack of demonstrated hardship; 2) no sanitary sewer available; 3) insufficient area; 4) insufficient width. I have included the draft resolution from this application, which should help to clarify the City's past position on applications of this type (note that the Anderson resolution was never adopted because he withdrew his application after Council voted to have staff draft a denial resolution). I have included the tax history for 1974-1985 on the properties (see Exhibit J). It is noteworthy that the valuation of the parcel in question (P.I.D. 0007) was reduced starting in 1983, and the parcel was assessed incrementally as compared to the parcel with the house; i.e. the adjacent parcels appear to be valued as part of the main lot, not as separate building sites. Because Mr. Ferrell insisted on bringing this application to you even though he was told of the slim chances for approval, staff accepted the application on an appeal/interpretation basis. Does the Planning Commission find any hardship or circumstance that would suggest the standards should not apply to this property? COUNCIL MEETING MAY 2 819c5 To: Orono Council Members CITY Qf(�jj���nFrom: Michael P. Gaffron, Assistant Zoning Adm!nisapRONO Date: May 22, 1985 Subject: Jon Scherven, 2649 Casco Point Road #908 Variance; #924 Conditional Use Permit Zoning District - LR-lC 1/2 Acre Application - Conditional Use Permit for a guest apartment in basement of existing house - concurrent with proposed addition and remodeling (average setback variance with hardcover tradeoffs). List of Exhibits Exhibit A - Applicati-ns With Neighbors' Letters of Approval Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Survey_ Exhibit E - Staff Hardcover Caiculations Exhibit F - Addition Plans Exhibit G - Resolution #1687 Exhibit H - Planning Commission Minutes 4/15/85 The applicant is requesting to build a two-story addition over the existing concrete slab and deck on the lake side of his parents home. The addition is proposed to include additional 2nd story deck, portions of which are proposed to extend into the 75' lakeshore setback zone. Appli- cant proposes tradeoffs in hardcover so that there will be no net increase in hardcover on the property in the 75-250' zone. Existing 75-250' hard- cover is 44%. A slight increase of 98 square feet hardcover in the 0-75' zone is requested, increasing this hardcover from 0% to 2%. In reviewing the construction plans during the variance review, staff noted a second kitchen proposed to be installed in the lower floor. Appli- cant states that he plans to buy the home from his parents since they are near retirement, and he will live upstairs while his parents would live in the basement unit. This second dwelling unit requires a conditional use permit. The property is only 0.27 acre, not meeting the 1.0 acre which would normally be required in the 1/2 acre zone for a guest house use. Applicant is willing to agree to never renting out the second unit. A public hearing on the conditional use permit application was held on May 20, 1985, with no objections from the public. The average setback variance required is due mainly to the location of the house to the south an average of 100' from the shoreline. The neigh- bors to the north and south (Christianson and Hartwell, respectively) have given written approval of the project. Staff would suggest that the average setback variance be granted based on the hardship of the location of the existing building; teat the 75'-250' hardcover variance be granted subject to removal of an equivalent amount of 1 Zoning File #908 and 924 Jon Scherven May 22, 1985 Page 2 of 2 existing hardcover; that the deck be redesigned to not encroach into the 0- 75' setback zone; and that the conditional use permit be granted subject to the conditions enumerated by the Planning Commission. The Planning Commission reviewed the variance and conditional use permit requests at their April 1.5, 1985 meeting, and Lhe formal public hearing for th` conditional use permit was held on May 20, 1985. The Planning Commission's recommendation is as follows: 1. Approve the average setback variance of 8' for the proposed addi- tion, noting that the neighbors have stated they have no objection to the addition, and noting that the addition will be placed in an area of existing hardcover. Hardship: location of existing house and neighboring houses. 2. Approve the portions of the proposed 2nd story deck within the 75- 250' setback area, which deck will comprise approximately 190 square feet in the 75-250' setback zone. Applicant has identified 190 square feet of existing hardcover which he will remove concurrent with the application, for no net increase of hardcover in the 75-250' zone. 3. Approve the additional 98 square feet of proposed deck which will encroach into the 0-75' setback area, and for which the applicant can not make a hardcover trade-off without removing what he cons_ders essential hardcover in the 75-250' zone; under the condition that this deck may never be enclosed and may not have concrete or other impermiable surfaces placed underneath this portion of deck. The 0- 75' hardcover will increase from 0€ (existing) to 2%. 4. Approve the conditional use per,ait for guest apartment use subject to the following conditions: A. The guest apartment is for use of family members only. A. This guest apartment use may not be conveyed to a purchaser of the property. C. The guest apartment may not be rented out and such to be confirmed by staff yearly. D. This use is subject to City review at the end of four years. Please review the April 15 Pian,)ing Commission minutes. The Planning Commission action of April 15 regarding the conditional use permit was reaffirmed on a 5-1 vote on May 20, with Commissioner Goetten voting nay based on the property not meeting thr required total of 1 acre in area. Resolutions reflecting the Planning Commission recommendations have been drafted and are attached to this packet. 2 �CI�� �,� ,' �e�e,pi- � lloglo9 • CITY OF ORONU ;� '�,� ;y •• Ci�+'r I y G.06 9►1, ? posy VARIANCE APPLICATION Application Fee $lido: , Dn/7�c: After -the -Fact Fee $20.2 v -------------------------------------------------------------------------- PROPERTY LOCATION + 7 Site Address/ U 7 ►✓'/ & L } OF FONO 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 .equired survey. --------------------------------------------------------------------------- APPLICANT Name lug Phone `�7L3 - 76 Mailing Address 'SL yU/ 122r,(irid) ri ti', --------------------------------------------------------------•------------ OWNER Name Phone Mailing Address Agk- /.:.) J k,,4' j-�?j(Oc.: i'1.✓, s 3i/ Date Property Acquired s % (month/year) I (do) do�not�)also own Lhe adjacent parcels of land. -------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District' C. Present Use of Property X Residential Other (specify) DESCRIPTION OF RFQ::EST Estimated Construction Cost $ Describe request in detail: _1411'1-�177C,,n ErA C6 C• _ -------------------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances ( Front Side Rear) Other 6, - `-:�-�� K - —-------------- HARDSHIP Describe undue hardship or pr,cti"cal difficulty i resulting from str .....enforcement of zoning regulations: ct r t i " -:-M.-- .. r.---------------•------ - - - - -- ,bESCRIPTION OF UNUSUAL PROPERTY CONDITIONS - _____ Describe unusual property conditions preventing compliance with Zoning Code Requirements: ----------- ___________ REQUIRED SUBMITTALS ---- Completed Application Form. Certified Property Owners List of owners within150' (you can obtain ths list f rom Hennepin County Department of Finance A-603 Government Center 3 81 3271 ) Stamped, legal si zed envelopes ( # 10) pre -addressed to each of the names on the above list with no return address. Certificate of survey. Plat Map. r--------------------- '--- ----- ---f �- ---1�� -`-- - _/_,__ _y -- -CL-" ^e Applicant and Property Owner must sign this application. Plea gat your variance application is not complete f the above information hasmber :een included. of ---------- ----- ,PPLICANT'S SIGNATURE ---------------------------- ne applicant hereby agrees to provide all information required or requested by C- Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred review of this application, and certif ies that the information supplied is true nd correct to the best o,� his/her,kno ledge. pplicant's signa' ure Date fNE:RS SIGNATURE. :e owner hereby acknowledges and agrees to this application and further :thorizes reasonable entry onto the propertyb y City staff, consultants, .d verification of this request. ;eats, commission members, and Council members for purposes of investigation 'ner's signature Date plicant must have all submittals ------- ---- -----------------`-'"'----- the anning Commission Meetin into the City offices 25 days before 'day of ea,:h month, g' Planning Commission Meetings are held on the third r2e Vb-f ' ' C, — .1 Cl 50 CITY OF ORONO GENERAL LAND USE APPLICATION --------------------------------------------------------------------------- PROPERTY LOCATION Site Address Property Identification Number (P.I.D. )%- fJ QCj a� Please check one - Is the property abstract or torrens? (for Conditional Use Applications only) Please att ^h legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Name 1� Phon Mailing Address JQCX -�G/ /✓1[?r/N-a /37nl� j 3�7' C0yJ-n41q Name Phonel1-/,�'t:•' Mailing Address f'.� 1 U y/��G''�E'�'e �y„/. j j `f.2— Date Property Acquired / 95 7 (month/pear) I (do) do no y also own the adjacent parcels of land. --------------------------------------------------------------------------- FEE�S/ - CONDITIONAL USE PERMITS tr $100.00 a) Residential accessory Use ti�PC"`����'"' $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration (grading, filling) PRD/PID - see fee schedule Other Applications $250.00 Va(.tion $2:0.00 Rezoning $200.00 Appeals W h('r - see fee schedule PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) ---------------------- -------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: -------------------------------------------------------------------------- REQUIRE" ,UBMITTAI.S �_� to _ed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtain this list f rom Hennepin County Department of Finance A-603 Government Center 348-3271 ) 3. Stamped, legal sized envelopes ( N10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plans, if applicable. 6. Plat Map. ------------------------------------------------------------------- ----- The Applic n and Property Owner must sign this application. Plea-e r(-ember that your application is not complete if the above information been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information ;=quired or requested by the Zoning Administrator, agrees to pay all. fees and/or unusual expenses incurred in reviewof this applica�ion, and certifies that the information supplied is true and correct to the bey- of his/ r knowledge. Applicant's signature h'� Date OWNERS SIGNATURE The owner hereby acknowledges and agrees to this applicatiL., and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature i,1� �-_ _�__ c _ _ Date Z, J -------------------------------------------------------------------------- Applicant must have all submittals into the City offices 25 days before the Plan- ing Commission Meeting. Planning Commission Meetings are held on the third Mc :,y of each month. TO: Orono City Planning Commission and Orono City Council R=t Proposed Addition 2649 Casco Point Road Jon Scherven After reviewing the plans for the addition to ale property at 2649 Casco Point Road by Jon Scherven, we, as immediately adjacent property owners, do hereby formally approve of the improvemente set forth: in these plans. orma - Christensen 2645 Casco Point Road February 24, 1995 TO:. Orono City Planning Commission and Orono City Council RX: Proposed Addition 2649 Casco Point Road Jon Scherren After reviewing the plane for the addition to the property at 2649 Casco Point Road by Jon Scherven, wee as S=ediately adjacent property owners, do hereby formally approve of the improvb.,ants set forth in these plans. Kenneth ra Wtwell 2659 Ca.eco Point Road February 24, 1995 RUN DATE 02/06/85 BATCH 005 38 20-117-23 23 0020 PPOP ADOR 02677 CASCO POINT RD O:a:ER NAHE ALElANDER HOLIER ETAL TAXPAYER A HOLIER NAP1E/AODR 2677 CASCO PT PO WAYZATA MH 55311 38 20-117-23 24 0002 PROP ADCR 02660 CASCO POINT RD CW'IER NAME V 6 G BULLER TAXPAYER VERNON J BULLER NAME/ADOR Z660 CASCO POINT RD ORONO MN S5391 38 20-117-23 24 0031 :RCP ADDR 02635 CASCO POINT RD CurIER NAME HARM N D THORNE E7 AL TAXPAYER MARILYN B THOgHE -%t!E/ADDR 2635 CASCO POINT RD ORCNO MN 55391 HENNEPIN COUNTY PPOPF.RTY INFORMATION SYSTEM PROPERTY O KERS LIST 38 20-117-23 24 0039 PROP ADOR 02648 CASCO POINT RD 014t+ER NAME IST TRUST CO OF ST PAUL ET AL TAXPAYER 0 K WATEROJS TR NAME/ADOR FIRST TRUST CO W-555 FIRST NATL BK OLDS ST PAUL MN S5101 38 20-117-23 23 0021 02665 CASCO POINT RD BENNETT C DOWNEY A WIFE BENNETT C DO►JIEY 2665 CASCO POINT RD WAYZATA MN 55391 30 20-117-23 24 0029 02649 CASCO POINT RD A W SCHERVEN JR ETAL A W SCHFRVEN JP PO BOA: 120 HAVAPRE 14t 55392 36 20-117-23 24 0032 02623 CASCO POINT RO L A C SLY LARRY D A CAROL AtOl SLY 2623 CASCO POINT no WAYZATA 1`14 55391 TOTAL BATCH 00S 00010 REPORT NO. PI435401 PAGE 9 38 20-117-23 23 0022 02659 CASCO KiNT RD KENNETH G HATELL ETAL F',CY.;tT.7H G HAFTWELL �- P• 2659 CASCO POINT ROAD ,. WAYZATA I:N 55391 39 20-117-23 24 0030 02645 CASCO POINT PO NCRMA J CH4ISTE►:5EN N07t1A J Ct,RISTCI2S[N 2645 CASCO POINT ROAD WAYZATA t:fi 55391 36 20-117-?3 24 0038 02618 CASCO POINT RD JOYCE A TWEDT JOYCE A IWEOT 2618 CASCO POINT RD WAYZATA 121 55391 I CERTIFY TIIAT TFIF FACTS REPRESENTED ARE AN ACCU7ATE AND TRUE REPRESE14TATICII OF INFORIIATIOV AS IT APPEARS THIS DATE ON THE "CORDS O' '[PIN COUNTY DEPARTMENT OF�P."OPERTY TAXATIJN, TO T BEST C OGE AND BELIEF, DAT� ..CY tA*7 201-117-23 23 0003 Envirotech Homes Inc. 4651 Nichols Road Egan, MN 55122 20-117-23 23 0002 Robert Hunt 2691 Casco Point Road Wayzata,MN 55391 20-117-23 23 0001 Beverly Smerling 2552 West Lake of Isles Parkway Minneapolis, MN 55405 20-117-23 24 00035 Calvin MacDonald 2617 Casco Point Road Wayzata, MN 55391 20-117-23 24 00036 Bruce Hedblom Carol Cline 2601 Casco Point Road Wayzata, MN 55391 20-117-23 21 0032 Jerry Nelson 2565 Dunwoody Avenue Wayzata, MN 55391 20-117-23 24 0042 Paul Kaster 2600 Casco Point Road Wayzata, MN 55391 20-117-23 24 0046 Dorothy Kearns 2691 Ethel Avenue Wayzata, MN 55391 20-117-23 24 0003,4,1 David Runkle 2684 Casco Point Road Wayzata, MN 55391 1(33) 7 5 IAA � I •'°(`� 4,.r JAV 8 (1-1 'Fyn site bf Lqn9d 44//V/VE- 2.0/Vk4 I Pork\t &4 y GO ol SOOP-tl pap. 2 60VE --KAsTER Casco to."T -D PONT Of *145,"s SVsD,..$,ow 00 IGO Lai I. SPO,"G -a*. IN L -S-00, its• 19 bivis, m. . - -e;ll -2 3100 4P) 2 -0)%j 0- 44. 0 ;�,V5G o,�45 q;l v to FA! ratof r-Z 110 , � -75 r tole r)rl)S r. CX e 4 Certiricate or Survey 77z� for Jon Scherven or Lot. 1?H, Spring Park C'n'. Hwin!.-pin County, Minnesota VIC- ,qN 1. t.� 0 rJ 6C—v9NC- 0 751./ 4500, Sq H 1*AJ 0 O$41. he ej� ft e le fdc.*-c, 7 S - 2 50 re-, 7300, Co - Pod 40 J144ftA 4.1 ft a ab rz AL t 142, 0 'Ove tr < 1 hereby certiry that this in a true a d correct representation or a survey or the boundarle4 *f* Lot I Spring !'ark, according, to the recorded plat thereof on rile or * record in the: orrice or the Register or deeds in and ror Hennepin Cotinty, and the location c' all buildings, -'r any thereon. It dces not purport to Show any oLher improvements tir encroachment:, G00DOM H. (,'OFFIN M., INC. Scale: I inch z 30 ('evt Date October 22, 1984 to Iron marker ;'ound 0 Iron marker set Gordon N. "t-ITIii Reg. No, 6 0 614 Kngiriecr:- - d Land ';%.-rveyclf'!; 1,7nr, LAKESHORE SETBACK ZONE 0-75' 75-250' 250-500' A. Existing lot area in zone � 500 s f ORONO HARDCOVER CALCULATION WORKSHEET B. Existinq hardcover in zone D sf �7�oosf sf sf sf C. Existing hardcover percentage ( (B ;A) x 1001 D. Proposed hardcover in zone E. Proposed hardcover percentage (MIA) x 1001 sf yo 500-1000' sf sf "/ sf bisections: o/ 0 F. Allowed hardcover percentage 0 /o 25 30 35 Vo A. Existing Lot Area in Zone - includes the total square footage of dry buildable land within the specified zone. B. Existing Hardcover in Zone - includes the square footage of existing roofs, decks, sidewalks, driveways (gravel or paved) and other rain -impervious surfaces within the specified zone. C. Existing Hardcover Percentage - divide the number in B by the number in A and multiply by 100. D. Proposed Hardcover in Zone - includes the existing hardcover plus all proposed additional hardcover. E. Proposed Hardcover Percentages - divide the number in D by the number in A and multiply by 100. F. Allowed Hardcover Percentages - if the percentages in column E for any setback zone exceed the allowed percentages in column F, you should contact the Zoning Department at 473-7357 to discuss the possibilities of obtaining a variance. Generally, if a concurrent removal of existing hardcover matches the additional hardcover proposed, resulting in no net increase of hardcover in a specified zone, a variance may not be necessary. �(l177^1C. ------__ _ _ 3. s x 30 Z . s - ve .ra x I _ sr y�'`8 5 _. C oNL -7 0 s .� • �v s •n nl G. / o /,::2o r.C% D F c4e- qID 1010 3Ia6 No 1 4 I irs rK ' r 'Ki- y .•...••t..ti`., .. `It'�ii'� P� N .:„�'.�.' � � � - ....[1, - .—L, j'h. 's�`•il�w.'fry� •�.. ^`y 7 _ e n• fJi .pf t.Tr . ,4- _ -• _ IY �ti. f�:. �1 n�"�.�: ,� ... :• .Y.p�� : rz�cu•.o P. ^ V' S L. D' Whv. T ^' :To•P v►TGn 1x��7M4 ` { ' Y .. ; PT44.:: . �•xb•curv.Vill. •T' =lON W►�u or..so•xD• �:' CY � • � L`r�'� „ b•5"7� Iz dam' ry i 1 l 4 i_, 1 - sr I 0 I -�, :u w•..rv.r�;,� 1. puSt.r4, IKJ' VYI•V� —. .. - - - -• - Pj Fill t _ r �� 1�����' ; 11 ill .' It '� L. .. � -' : '� , . � "(L'�.�• -�� = - '"1 � �. i "17 1 Zs " .. . .... .. , •t.. ►Qr. .... 49422�7 City of 0RU%-'#-) RESOLUT ION OF THE CITY COUI i L NO. 1681 A RESOLUTION GRANTING A VARIANCE AND CONDITIONAL USr PERMIT TO MUNICIPAL ZONING CODE SECTION 10.20, f`UBDIVISION 3(G) - FILE #856 WHEREAS, Edward L. Rec� (hereinafter "tile applicant") is owner of the property located at 1280 North Arm Drive within the City of Orono (hereinafter "City") and legally described as follows: Lots 7, A, and 9, Block 3, Saga Hill Revised (hereafter "property"), and WHEREAS, the applicant has made apol ica-c ` the City of Orono to permit the creation of a temporary c :t r• t within tha- w- Ikout level of the existii.; ho, - at Noi .,rm Drive by n3tructing separate kitchen iavilities. NOW, THEkEFORY ''E IT RESOLVED by the City Council of Orono, Minnes,- to : ')T?IGS 1. This application eviewed as zoning file #856. 2. Th- -;,4rty •, located in the LR-lB Single Family Laker 1 Zoning District. 3. , A..; approximately 0.75 acre in area. i. rt; ?iann:.ng Co=Jss :on reviewed this appl i cation on '17, 1984, and re nmmc,ided approval of the propose(j variance to the 2 acre lot area requirement For the temporary second dwelling unit per Zoning Code Section 10.00, St,')division 3(h) (7 ), and recommended approval of a conditi ia:. use permit for the temporary guest apartment, subject to the followi►.g conditions: a) The guest apartment ir for use of family members only. b) This guest apartment. us,7! ma )t be eyed to a p•irchoser of the prorerty. c) The g e--t apartment -ay not be rintrd out. d) T' • n u:.e i r. su: ject t. Ci y review at the end of fc..,t years. Cite of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1687 5. The City Council finds _hat 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, ligr`, air nor pose a fire hazard or other danger of neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; if necessary to preserve a �lbstantial property right of the applicant; and would be is eeping with the spirit and intent of the Zoning Code an,: Comprehensive Plan of t.'- City. 6. The City Council finds that g .4ng ..nditional use permit to the applicant for the t�.::t.Urary gue:.` apartment would not be detrimental to the health, safety or general -welfare of the public, nor will it depreciate surrounding property values and the level of use of the property limited by the pertinent sections for nonconforming uses within the Zonir. Code and Comprehensive Plan of the City. CONCLUSIONS, C?DER AND CONDITIONS Based upor the above findings, the Orono City Council hereby grants a variance the Municipal Zoning Code stctior 10.20,SLbdivision 3 (G) to allow install.-tion of kitchen f, ' hies to creates a second dwelling unit on a lot c,f area 0.75 acres .nere 2.0 ac,--s are required for a second dwelling ui:it, and grants a conditional use permit for temporar. ►se of said unit as a guest apartment subject to the following condition, Use of the guest apartment unit is limited to family members only. 2. This conditional use per.�iit n►..�L be conveyed or ttannierred to any pure. ser of tl ; roperty. 3. Thy ,:.ost aparl^-ent unit may not be rented out. 4. This conditio►.ai use permit is subject to review at the end of four years (October 15, 1988) and subject to yearly staff coni,rmation of the use. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1687 5. 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 15th day of October, 1984. ATTEST : othy M(� }Tali; City Clerk (1) Property Owner Li4-C&A411- tq (2f Property I wner (3) Property Owner C Mary C. B er, Mayor MINUTES OF THE ORONO PLANNING COMMISSION MEETING NG HELD APRI I. 15, 1985 PAGE 7 1907 JAMI'S RIGHAM 1. Total hardcover within the lakeshore setback area wil be 3.3% within the 0-75' setback area and 39.7% within the 75-250' setback area. 2. Applicant has worked very hard .in improving the run off with the terracing of the yard. 3. Applicant has recently installed a septic system in November, 19£,4. 4. Staff draft a resolution to be filed in the chain of title noting the septic situation and cautioning a future owner about the possible septic problems. 5. Applicant's proposal is the only place to expand on the lot because of the topography of the land. 6. Conditions 1, 2 and 5 of previous Resolution #1600 be completed in a timely manner. 7. No future variances will be granted based on the limitations of the property. Motion, Ayes (6), Nays (0). �#908 JON SCHERVEN �2649 CASCO POINT ROAD VARIANCE PUBLIC HEARING 9:25 - 10:00 PM Jon and Al Scherven were prf:-;ent. Chairman Callahan announced that now was the time and place for the public hearing concerning Jon Scherven's variance. Assistant Zoning Administrator Gaffror noted the certificate of mailing and the affidavit of publication. There was no one present from the public for this application. Assistant Zoning Administrator Gaffron noted that the applicant is proposing to build a two-story addition over the existing concrete slab and deck on the lake side of his parents home. Gaff ron noted that in tre construction plans a second kitchen is proposed to act as a second dwelling unit that his parents would live in. Gaffron noted that the applicant proposed equal amounts of hardcover tradeoff. Rovegno noted that he has no problem with the variance because of the trade of f factor but that he has a problem with the conditional use permit because the property does not have adequate area to support a second dwelling unit. Kelley felt that the City could place the same restrictions on Schervci's application as they did in the Beck's applicatiot— Kelley felt that the resolution should be filed in the chain of title and require that the conditional use permit not transfer to a new owner. 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD AI1101, 15, 1985 PAGE 8 #908 JON SCHERVEN Taylor suggested using the same conditions as in the Beck Resolution 41687 as follows: 1. The guest apartment is for use of family members only. 2. This guest apartment use may not be conveyed to any purchaser of the property. 3. The guest apartment may not be rented out. 4. This use is subject to City review at the end of four years. Jon Scherven stated that he will need more than four years as his parents plea to retire there. Scherven noted that the house needs upgrading and he proposes to do that. Zoning Administrator Mabusth asked if there was a separate entrance to the guest apartment use. Jon Scherven stated that there is the main entrance to the vestibule and then a door leading downstairs and a door leading to the upper level. of the house. Rovegno noted that this would be like a duplex on a quarter of an acre. Rovengo felt that this was not enough area. Chairman Callahan closed the public hearing at 10:00 p.m. Taylor move, Sime seconded, to recommend approval of the variance based on the hardship of the location of the existing building and that such approval of variance is subject to removal of an equivalent amount of existing hardcover and the deck may not have concrete undernen ;,h the deck if it extends into the 0-75' setback area and to further recommend that the applicant be required to pay the fee for a conditional use permit subiect to the following: 1. The guest apartment is for use of family members only. 2. This guest apartment use may not be conveyed to a purchaser of the property. 3. The guest apartment may not be rented out and such to be confirmed by staff yearly. 4. This use is subject to City review at the end of four years. Motion, Ayes (5), Nays (1). Planning Commission member Rovegno voted nay. Rovegno felt that the property did not have adequate area to support a second dwelling unit. City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL 'ZONING CODE SECTION 10.55, SUBDIVISION 8 ANI) SECTION 10.22, SUBDIVISION 1 AND 2 FILE, 1908 WHEREAS, John Scherven (hereinafter "the applicant") has an interest in the property located at 2649 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 138, Spring Park (hereinafter "property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal ?,oning Code Section 10.22, Subdivision 1 to permit tie construction of an addition to his existing house, which addition will encroach 8 feet into the required averag( lakeshore setback area, and variances to Section 10.55, Sub- division 6 and Section 10.2.2, Subdivi sign 2 to permit con- struction of a deck and stairway which will encroach 8 feet into the 75' lakeshore setback zone and which will increase hardcover in the 0-75' setback zone from 0% (0 square feet) to 2.2t (98 square feet). NOW, THEREFORE., BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #908. 2. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3. The Orono P_anninq Commission reviewed this application on April 15, 1985, and recommended approval of the proposed variances based upon the following findings: A) Applicant has agreed to remove 190 square feet of hardcover in the 75'-250' setback zone, which is an equivalent amount of hardcover to the portions of deck proposed in the 75'-250' setback zone. B) The proposed addition will be placed over an area of existing hardcover in the 75'-250' setback zone. C) There wi l 1 be no net increase of hardcover in the 75'-250' setback zone. Existing and proposed hardcover in the 75'-250' zone is P86 square feet or 44%. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. D) The portions of deck proposed to be constructed in the 0-75' setback zone comprise 98 square feet on 2.2% hardcover. Applicant has no additional existing hard- cover in the 0-75' or 75'-250' setback zone which can be feasibly removed to offset this 98 square feet. E) Hardships to the property are the locations of the existing house and the neighboring houses in relation to the lakeshore, and the small existing lot size (11,800 square feet.). F) The adjacent property owners have expressed approval of the proposed plans, an' find that no views will be encroached upon by this addition. 4. The City Council has considered this application including the findings and recommendations of the Planning Cc)-nmission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to pre- serve 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, •-he Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 1 to permit the construction of an addition to his existing house, which addition will. encroach 8 feet into the required average setback area, and variances to Section 10.55, Subdivision 8 and Section 10.22, Fubdivision 2 to permit con- stuction of a deck and stairway which will encroach 8 feet into the 75' lakeshore setback zone and which will increase hardcover n the 0-75' setback zone from 0% (0 square feet) to 2.2% (98 square feet), subject to the following conditions: Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1. The applicant shall remove 190 square feet of existing hardcover concurrently with the construction of the addition, as follows: Concrete slab - 36 square feet Sidewalk blocks adjacent to garage - 70 square feet Portions of paved driveway apron - 84 square feet ---------------- Total 190 square feet 2. The portions of the deck within the 0-75' lakeshore setback zone may never be u,iderlain by concrete or other hardcover, and may never be enclosed with a roof or similar impermiable surface. 3. The applicant is advised that the City will not approve any future improvements that result in additional hardcover and that if such improvements are proposed that they be counter --balanced with the removal of existing hardcover. 4. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (May 28, 1986). 5. Violation of o. ..on -compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant read, understood and here- by agrees to the terms of thiE resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees tc the recording c" -nis resolution in the chain of title of the property. Adopted by the Orono City Council on this 28th day of May, 1985. ATTEST: Dorothy M. 11allin, City Clerk Mary C. Butler, Mayor (1 ) Property r City of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ) 5 C COUNTY OF HENNr•.PIN ) On this _ day of 19P" N before me a otary Public within and for said county, personally appeared known to me to be the persor�(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )Ss. COUNTY OF HENNEPII: ) On tnis day of , 1985, before me a Notary Public within and for said County, personally appeare"' _ known to me to be the person('s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the sam? as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 0-10 ty of ORONO '_UTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE AND CO*1DITIONAL USE PERMIT PER MUNICIPAL ZONi.w CODE SECTION 10.20, SUBDIVISION 3 (G) FILE NO. 924 WHEREAS, Jon Scherven (hereinafter "the applicant") has an interest in the property located at 2649 Casco Point Road located within the City of Orono (hereafter "City") and legally described as follows: Lot 138, Spring Park (hereinafter "property"); and WHEREAS, the applicant has applied to the City for a Conditional Use Permit to permit th,: creation of a temporary guest apartment within the walkout level of the existing house at 2649 Casco Point Road by constructing separate kitchen facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File No. 924. 2. The property is located in the I,R-lC Single Family Lakeshore Residential Zoning District. 3. The property is approximately 0.27 acres in area. 4. On April 15, 1985 and May 20, 1985 the Orono Planning Commission reviewed the application and recommended approval. of the proposed variance to the 1 acre lot area requirement for the temporary _ l dwelling unit per Zoning Code Section 10.06, Subdi v . .'_on 3 (AM), ), and recommended approval of a conditional use permit for the temporary guest apartment, subject to the following conditions: a) The guest apartment is for use of family members .y. b) This guest apartment use may not be conveyed to a purchaser of the property. c) The quest apartment may not be rented out. and such to be confirmed by staff yearly. d) This use is subject to '-ity review at the end of f.r)ur years. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5. The City Council f 'res that the conditions existing on this property are pecr . to it and do not apply generally to other property in -its 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 tLe applicant, but is necessary to alleviate a demonstrable herdship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit dnd intent of the Zoning Code and Comprehensive Plan of the City. The City Council finds that granting a Conditional Use Permit will not be detrimental to the health, safety or general M !lfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neigh- boring properties, nor will it depreciate surrounding pro- perty values and the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 7. The City Council has considered this application in- cluding the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a Variance to Mur ,ipal Zoning Code Section 10.20, Subdivision 3(G) to allow inst: ion of kitchen facilities to create a second dwelling »nit o a lot of area 0.27 acres where 1.. acre is required for second dwelling unit, and grants a Conditional Use Permit for temporary use of said unit vs a guest apartment subject to the following conditions: 1. Use of the guest apartment unit is limits to family members ­nly. 2. This conditional use permit may not be conveyed or transferred to any purchaser of the property. 3. The guest apa,tment unit oay not be rented out. 4. This •conditional use permit is subject i.o review at t,je er,d of four years (May 2d, 1989) and subject tr, yearly r'.aff confirmation of t .e use. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY %.OUNCIL NO. 5. Violation of nr non-compliance with any of the terms ,ina conditions of , resolution shall constitute a violation of the Zoning C,de, shall automatically terminate any aut} granted herein, and shall be punishable as a mi Fa. 6. The . dersigr,3 owner has read, understood and hereby agrees to the teams of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolutioi in the chain of title of the property. Adopted by the Orono City Council on this 28*' day of May, 1985. ATTr,ST : Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Property owner(; P•opert y Owner ( s ) -- — -- — P:. -, 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF' MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this __ _ _ day of 1985 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 1985, before me a Notary Public within and for said County, personally appeared known to me to be the persons) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION MARES COUNCIL MEETING To: Orono Council Members MAY 2 81985 From: Michael P. Gaffron, Assistant Zoning Admin C)ITYa OF ORONO Date: May 23, 1985 Subject: #921 Van Eeckhout Building Corporation, 2135 Salem Court Variance Zoning District - RR-1B Application - Variance to side lot line setback for a new residence (under construction) Required SEtback: 30' Proposed Setback: 11' Variance: 19' or 63% List of Exhibits Exhibit A - Application and Letter of Request Exhibit B - Plat Map Exhibit C - List of Property Owners Exhibit D - Proposed Site Plan Exhibit E - Original Site Plan Exhibit F - Possible Lot Line Rearrangement - Staff Sketch This application is the result of a construction error in which house was placed incorrectly by the applicant's footing contractor and ended up too close to the lot line. Apparently, the footing excavation had been done for ' s house portion only, not the garage, and the contractor had starteu to pour footings prior to inspection. When the inspector arrived midway th -ough the pour, he had the contractor expose portions of the poured area to verify the soil base, and he noted that the setbacks appeared to be OK. Some days later, presumably when the garage footings were excavated, it became obvious that the footing contractor had actually made a mistake and had located the house so that the garage would end up 11' from the pro- perty line. At this point, some work had been started on the block foundation walls, but the foundation was not complete, according to the building inspector. At this point the applicant came to the City to discuss the problem, and suggested that rather than start over, because he had sizable investment in the work done so far, that he would prefer either a lot line rearrangement with the adja.•..!nt lot (which he owns), or would request a setback variance. Staff advised applicant that he would b,� proceeding at his own risk in continuing work on the house portion; that he under no circumstances would be allowed to pour the garage footings until the problem was resolved; and that there was no guarantee that a variance or lot line rearrangement would be granted under the circumstances. Applicant then submitted the application for a variance, noting that because of the likely location of the house to the north, a variance would not have a visual crowding effect on the properties. As of this writing, he has continued with the house (framing appears completed) but has not poured the footings for the garage. The excavating for these footings is starting to erode, and applicant wishes a quick resolution to the problem so he can proceed to pour. Considering the specific circumstances, a lot Jine rearrangemnt would be possible that would create the required 30' side setbacks while maintaining over 2.0 acres on each property and not affecting either lot from a septic site or aesthetic standpoint. The applicant would prefer the granting of a variance. Obviously a variance is a less costly procedure and is a quicker solution to the problem. Planning Commission, at their May 20th meeting, recommended approval of a variance to allow the 11' side setback, finding that: 1. Applicant owns the adjacent property to the north and intends to develope that property. 2. The location of the existing house and intended garage will not have a significant effect, visual or otherwise, on the ad- jacent property to the north, based on the likely location for a home on that adjacent property. 3. The applicant did not intend to locate the house and garage 11' from the side lot line; the original approved site plan showed a setback of 33' from the side lot line; and the location 11' from the lot line is the result of construction errors which were not apparent until substantial work had been completed on the pro.jE ^t. Based on the Planning Commission recommendation for approval, I ave attached a draft resolution reflecting that recommendation. CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $15 0 ($50.(90tper Tbat0li d io r -'ect) After -the -Fact Fees PROPERTY LOCATION 2131.) Site Address Jc� cjt c.t Property Identification Number (P.I.D.) ,,,%f% Ilk Please check one -- Is the property 6-- abstract or torrens? Please attach legal description to application if not included on required survey. -------------------------------------------------------------------------- APPLICANTL�7 Name �,L'Lt_C-Ki-IUU i ) �Lt�,lJu 7. Phone 1- /3 — Mailing Address L&V u<j C -i tom- -------------------------------------------------------------------------- OWNER Name SA, IL'\l_. Phone Mailing Address Date Property Acquired Qf x7l ,. is?6c) (month/year ) I (do) (d� t) also own the adjacent parcels of land. ---------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District Present Use Use of Property a Residential Other (specify) -------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ C Describe request in detail: 3>10C-'-1Ai%i� �"/IaZItNF-iC.L::- C.N - Fri gr •IL1 ,'Tb i -------------------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width Setback Variances ( Front �/ Side Hardcover _ Rear) Other ------------------------------------------------------------------------ (OVER) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: k:—_ VL p•)1211iJC-! (__c,Aj Cy"L-4. 10vr P�Ile C0rnF'l_1--1-'b LA-)Zc,ir- ✓/��rANC.0 -------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: S-2 i1 Pig lc= REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603Government Center 348-3271) 3. Stamped, legal sized envelopes ( 4 10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variancf- application is not complete if the above information has not been included. ---------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature OWNERS SIGNATURE Date The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature Date --------------------------------------------------------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. L VAN EECKHOUT BUILDING CORPORATION 1935 WEST WAVZATA BLVD., SUITE /165 • LONG LAKE, MINNESOTA 55356 • (612) 473-1578 April 29, 1985 City of Orono 1335 South Brown Road Orono, MN. 55364 Attn: Jeanne A. Masbusth Dear Ms. Masbusth: I would like to obtain a variance f'or the sideyard setback along the Northerly line of Lot 4, Block 1, Dickey Lake Addition. The required sideyard setback is 30 feet. The requested Setback is 11 feet. The setback is in an area to be used only for a driveway for the adjacent property and occurs where the driveway area is about 150 feet wide. The adjacent property is also owned by me. Sincerely, C. E. Van Eeckhout President "EV/ja relt 153O 2 x T/irnl�Eny.EvanLulA',• S 7553 _ 4 ADD. • aarrr. , �'�� {Gift AVE- N � GOO J J 1 i •a7s. < • Tr --- I f 7{ I9p 7740 !2 IC Z.K r L E M •• f (�lt r 7 'rrr�. •t t 7065 (I( I 1 •� �iJ 'r �K, Jd � .. _.. —INS_.. .' ` L • �• . •t (�� � • � 191 ADO/r/ON40 A All AT •sue � ,. _ yr ZOv tJC of i zio 731" E R S W�00 p �jl RUN DATE 04/30/05 ItEtItu m COUNTY PROPERTY INFOFMATIOh PEPORT NO. PI435401 PROPERTY OWNERS LIST PAGE 1 BATCH 001 38 27-118-23 31 0005 PROP AOCR 02135 SIXTH AVE N UWNER NI -ME RICHARD C VALITON ET AL TAXPAYER RICIIARD A SALLY VALITON NAME/ADDR 2135 COUNTY ROAD 6 LONG LAKE MN 55356 38 27-118-23 31 0013 PRCP AOOR OE135 SALEM CT OWNER NAME C E A SUE L VAN EECKHOUT TAXPAYER C E A SUE L VAN EECKHOUT ll NAME/ADDR 15500 WAYZATA BLV SUITE 1019 WAYZATA MN 55391 33 27-118-23 34 0007 PROP ADDR 02095 SALEM CT O! MER NAME C E A SUE. L VAN EECKHOUT TAXPAYER ROBERT J I ANN M WILL NAME/ADDR 2095 SALEM COUR'f ORCNO MN 55356 38 27-118-23 31 0011 02080 SALEM CT C E A SUE L VAN EECK,ICUT C E A SUE L V:.N EECKHOUT 15500 WAYZATA BLV SUITE 1019 WAYZATA MH 55391 38 27-118-23 31 0014 02145 SIXTit AVE N DANIEL G A RUTH G MCPHERSON DANIEL G A RU1H G I1CPHZRSON 2145 6TH AVE N LUNG LAKE I1N 55356 38 27-118-23 34 0003 02055 SALEM CT W A J BRUMMOND WILLIAM J BRUc;t;ONO ^_055 SALEN COURT ORONO MN 55356 38 27-118--23 31 0012 02040 SALEM CT C E A SUE L VAN EECKHOUT C E A SUE L VAtl EECKHOUT 15500 NAYZATA BLV SUITE 1019 WAYZATA I'tl 55391 38 27-118-23 32 0007 02225 SIXTH AVE N LEWIS A A It4A N COX LEWIS A A 114A N COX 1225 6TH AVE N LCHG LAKE MH 55356 TOTAL EAT.:H 001 00008 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFCPMATICN AS IT APPEARS THIS DATE ON THE CORDS OF THE HLt*lEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION TO T' BEST OF MY KNOWLEDCE AND BELIEF. /— DAT:E&✓BY JAV •'A/E {'VEST G:1 ) : , iE TRAc7' oV' I-ANP C��ScR/BFO /N A! l: ' "A)N VL.YF l� is Y ! /N ROC>X 4Z7 of DEEDS, PAe--v E 088. NORTH �57 9 95 1 S►A. 6G r s5' -" /7/8' � --42c�.bS-• i ' M 0 CA v / \.. 4 I Vi 14 14 tiUL c► c� 4 d' N .. to w 10 X ` Null! r w� Fr 0 PO BR0VJN 410r:��. �. ROAD NORTH - ----- NOR r A i- �/` 2155 SALLI-A C.UUv:T PEC"-':SITr. rL�t`.I L.DT 4 P-'CLOCK I / . • .. ....T- .__ �4L.z7 VACF ( L..& E ADQ;TIO►.l SCALe - I". r A J _ � L Y - � • 5� .5s All '1 1 LMLxne i D 1 VkQ F-EZA640VT BUIU:A►J4 CoefM-A,lo►J E M.Du.k E _c,.A,-rw:wu !Y c..¢vk" f�eLx+�ot11' m m.ir f i3 4 ►.b 1o4b // •� G o,- LANO Lr ScFj/@E_D/NAN-r !/��•IVF_-YEU BY 77:/1 i?re -raA T OEEU -'ATED MARGN Z, /B95 /N B�K 427 of oEeaS, PAGE cBB . NoRTl-/ 87 9. 9L� _ �� /7/87 t}-r \ __ - 3 ,t•� t `I _ Z 1 /f 1 nyG • \ , .'LS .� vi, A R i Ul I � In Ljf of � a m o 1` 6 Ir City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAI. ZONING CODE SECTION 1C.28, SUBDIVISION 5 (B) FILE #921 WHEREAS, Van Eeckhout Building Corporation (hereinafter "the appli.rant") has an interest in the property located at 2135 Salem Court within the City of Orono (hereinafter "City") and legally described as follows: Lot 4, Block 1, Dickey Lake Addition (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal )ning Code Section 10.28, Subdivision 5 (B) to permit the construction of an attached garage located 11 feet from the northerly side lot line where a 30 foot setback is normally required. Minnesota: NOW, TBEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #921. 2. The property is located in the RR-lB Zoning District. 3. The Orono Planning Commission has reviewed this application on May 20, 1985, and recommends approval of the proposed variance based upon the following findings: A) Applicant owns the adjacent property to the north and intends to develop that property himself. B) The location of the existing house and intended garage, 11 feet from the side lot line, will not have a significant effect, visual or otherwise, on the adjacent property to the north, based on the likely location for a h- on that adjacent property. C) The applicant did not intend to locate the house and garage 11 feet from the side lot line; the original site plan approved by City staff indicated a setback of 33 feet from the side lot line; and the location 11 feet from the lot line is the result. of construction errors which were not apparent until substantial work i,ad been completet3 on the project. Page 1 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. City Council has considered this application including the �s and recommendations of the Orono staff and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granti,r;g" 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; necessary to preserve a substantial property right of the appli- cant; 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 the Municipal Zoning Code Section 10.28, Sub- division 5 (B), to permit the construction of an attached garage located 11 feet from the northerly side lot line where a 30-foot setbac): is normally required subject to the following conditions: 1. Authorities granted by this variance run with the property noz with the applicant, but are permissive only. The applicant may proceed with construction per the c rent Building Permit No. 2135 dated March 11, 1985. 2. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned applicant has read, understood a hereby agrees to the terms of this resolution and on behalf r, aA mself, his heirs, successors and assigns, hereby agrees tQ•fhe recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 28th day of May, 1985. ATTEST: Dorothy M. tiallin, City Clerk Mary C. Butler, Mayor (1) Property Owner City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF' MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this _ _ day of 1 1985 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 1985, before me a Notary Public within and for said County, personally appeared _____ _ ____ _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 3 of. 3 COUNCIL MEETING MAY 2 81085 To: Mayor Butler, CITY OF ORONO Mark Bernhardson, City Administrator Orono Council Members From: Jeanne A. Mabusth, Zoning Administrator Date: May 23, 1985 Subject: Status of. the Property Located at 3399 Crystal Bay Road List of Exhibits Exhibit A - Karl Letter 4/5/85 Exhibit B - Wheeler Letter 4/10/85 Exhibit C - Inspection Notice Exhibit I - Building Permit Exhibit E - Survey - Approved Site Plan Exhibit F - Resolution 1496 At your April 8, 1985 meeting, you directed staff to inspect the property at 3399 Crystal Bay Road because of a reported violation of an order set forth by Council in approving a setback and hardcover variance. Per Resolution 1496, Condition (3) on page 3 of that resolution, the "gravel drive on west side of house and in rear yard" must be seeded prior to final inspection by the Building Inspector. The Building Inspector has advised that he has not made a final inspection on the house because the basement work had never been completed. As he remembers, Mr. Wheeler had not decided on the final design for completion of basement living area. An inspection was made on April 12th of the George residence (see Exhibit C). Staff met with Jerry Wheeler on the site. The inspection revealed that the gravel area to the rear of the house had been removed and seeded. The area on the west side of the house (15'x35' or 525 square feet of hardcover) remained as gravel drive. Wheeler advised that the gravel area was retained because of drainage problem along the west side of the house. Wheeler asked if the City Engineer could inspect the site and make a recommendation on the drainage problem. Staff advised that Council would have to issue such a directive. To my know- ledge, Council has never directed the City Engineer to make a p--'essional recommendation, to residents on matters involving private property. You have in the past asked residents to hire the appropriate agents and in return have asked the City staff and consultants to review and make comments on their findings. The 525 square feet of gravelled parking area does create an increase of 1.9% hardcover within the 75-250' lakeshore setback area. Resolution 1496 limited new hardcover to a 4% increase over an existing hardcover variance of 5% to 6% within the 75-250' setback area over allowed 25%. The original George application created the following hardcover: Existing Hardcover - 2758-2790 square feet or 30-31% of existing hardcoer. House: existing = 1378 addition = 580.8 1958.8 Redesigned drive = 1250 3208.8 or 35.1% = 4% added increase in hardcover If graveled drive remains = 525 3733.8 or 40.9% = 5.9% added increase in hardcover 525 square feet of drive will create 1.9% increase in hardcover over approved 4% level. 2 To: Jeanne A. Mabusth. From: Charles R. Carl Date: April 5 1985. � APR 198 i Ci iY of RO 0� o Subject. 10' Fire Lane along property at 3399 Crystal Bay Rd. Dear Jeanne; During a recent meeting involving Crystal Bay Rd. residents,l had the opportunity to examine a plat map of the area. I noticed a 10' public access running along the west side of the above stated property. Upon physical examination of that property line it appears that a graveled parking area alongside the west side of the existing garage overlaps well into the public area. Also having been an interested observer during the variance hearings for this property it seems to me that part of the final variance was the requirement for elimination of all hard cover along the west side of the new structure. I spoke with a former member of the Planning Commission who was, at that time, an active member of the commission. This person also remembers something similar. In view of all the pressure presently being put on one resident nextdoor about hardcover would you please check your records and advise. Respectfully Dick Carl April 10, 1985 TO: Ms. Jeanne Ma5:3»sth Zoning Administrator City of Orono FROM: Jerry W. Wheeler 3399 Crystal lay Rd. Wayzata, Mn. 55391 RE: Mr. Carl's April 5th. Complaint Against Me. First of all I wish to point out the frivolous and self- serving nature of Mr. Carl's complaint. It is only TOO WELL KN01tiN what a BUSYBODY AND TROUBLE MAKER Mr. Carl really is. What he has complained about is only TOO CLEAP,- LY OF ABSOLUTELI NO BEARING AND HAS ABSOLUTELY NO EFFECT ON HIM, OR MR. JOHN�>ON, DIRECTLYf WHAT -SO -EVER. His self- serving intention is of course to get the City of Orono to help him "Grind his Ax" with me in as much as he is simply too much of a coward to do it himself. Mr. Carl has a strong, desire to see that his and Mr. Johnson's dispute against me does NOT GET PUT TO REST WITH THE LAST CITY COUNCIL MEETINGS DETERMINATIOti. It is ironic to note that at the City Council meeting, Mr. Johnson alleged in front of everyone that "everyone wanted peace in the neighborhood" KN01iING ONLY TOO WELL THAT HIS "VERY BEST FRIEND AND DEFENDER AND NEIGHBOR" WAS ALREADY BREltiING THE CONTINUATION OF THE CONFLICT BE- TWEEN EVERYONE. Mr. Carl continues to "pile wood on the fire" while he makes plans on MOVING OUT OF THE NEIG11130R- HOOD. WHAT A JOKER1111 IF THE CITY REALLY WANTS TO GET INVOLVED IN WHAT IS CLEAR- LY, AT THIS POINT IN TIME, A PERSONAL FIGHT OF 1111. CARL'S AND MIA. JOHNSON'S AGAINST ME, SO BE, IT. BUT, I think that the city should keep in mind that when I had a legiti- mate complaint about something that DIRECTLY DEMINISHED OUR PROPERTY VALUE. AND OUR ENJOYMENT OF IT, THE CITY RE- FUSED TO GET "INVOLVED" FOR OVER TwO YEARS; CLAIMING THAT THAT 'XAS SIMPLY A "PERSONALITY CO.%FLICT BETWEEN NEIGH130liS." Well, If that ig a "personality conflict" or "just a neighborhood dispute", what is THIS; WHEN THE PARTY DOING THE COMPLAINING CAN'T EVEN SEE WHAT HE'S COMPLAINING ABOUT FROM HIS OWN PAUPERTY? It is,Lao obvious that Mr. Carl simply intends to keep an old arguement "BRE1iING" when his own letter of complaint states that that is in fact the reason for his complaint; "In view of all the pressure presently being put on (MY FRIEND) next door...."1111. Parentheses added. Mr. Carl gives NO OTHER REASON FOR HIS COMPLAINT. HE SIMPLY WANTS TO KEEP THE FIGHT GOING AND TO "EVEN UP THE SCORE". IF THE, CITY DOES DECIDE; TO HELP Mit. CARL AND MI{. JOIi\SON GRIND THEIR AX, I would like to address a couple of facts: 1.) The public access in question was vacated by the city MANY YEARS AGO, and for all practical purprses no longer exists. 2.) The bed of the driveway that is in question has AL- WAYS BEEN THERE. We have been forced to leave it there for two important reasons. The primary reason being that we have been getting water in our basement and re- moving the gravel would dramatically increase our water damage. The other reason, AS WAS SO ELOQUENTLY EXPRESS - Ell BY MR. CARL AND THE JOHNSON16 THEMSELVES AT THE LAST CITY COUNCIL MEETING IS THAT THE TOPOGRAPHY O1' THE LAND MAKES IT NECESSARY TO HAVE A FLAT PARKING AREA FOR "SAFETY"1 3.) We have NOT placed any plastic under this gravel. 4.) This area is "driven over" in only TWO DISTINCT TIRE TRACKS AND IS OTHEI1,WIS.; LOOSE. 5.) Almost all of the water now runs off on to the grass to the west side, down the hill into a "holding gully" where it is absorbed. 6.) This area in no way encroaches anyone elses property as Mr. Carl would have you believe. 7.) Our immediate neighbor, Mrs. Darling, has no objection, or problem with the area in question. AGAIN, IF THE CITY DOES CHOOSE TO GET T.NVOLVED IN THIS BATTLE BETWEEN NEIGHBORS, I WILL EXPECT EQUAL TREATMENT AND HEREBY FORMALLY CALL FOR SIMILAR PROCEEDINGS AGAINST MR. CARL AND MR. JOHNSON FOR THE, FOLL0WING VIOLATIONS OF OUR CITY'S LAWS: A.) Both Mr. Carl and Mr. Johnson placed hardcover be- tween their homes in 1983, where there was none before. I believe this hardcover consists of gravel underlined with solid sheets of plastic (ivITHOUT HOLES) and direct- ly feeds all water and runoff from between their homes and much of their roofs onto an asphalt driveway and DIRECTLY into the lake WITHOUT ANY ABSOHIiTIOA OPPORTUNITY WHAT -SO -EVER. This covers the ENTIRE LAND AREA; N, S, E, and W; BETWEEN THEIR HOMES. Let's face it, other Orono Citizens must build "water holding tanks basins"?????? B.) Both Mr. Carl and Mr. Johnson have storage sheds permanently erected within the ten foot setback from a neighboring lot line. These should be addressed. C.) Mr. Carl is presently storing two boats in his front yard which could EASILY be carried into his back yard (where one of them was stored last year). D.) fir. Johnson has his firewood piled directly along our lot line. This wood pile (and his storage shed) is a breeding place for rodents, an eyesore and a fire hazard (there is gasoline stored in the shed also). These items DIRECTLY AFFECT US AND OUR SAFETY AND THEY SHOULD) BE MOVED. E.) ]Mr. Johnson also has a pile of ROTTING WOOD piled near our back lot lime which is a p,eneral eyesore, a health hazard and a fire hazard. I want this tapped and removed immediately. Now, ISN'T THIS ALL GETTING TO BE JUST A BIT REJICULOUS. THIS IS HOW MR. CARL AND MR. JOHNSON WANT THINGS TO 13E BUT; I AM GETTING SOMEWHAT BORED WITH THEIR PETTY GAMES. IF THE CITY WANTS TO ENCOURAGE THIS TYPE OF "BULL-SHIT"; ALL OF WHICH STARTED BECAUSE I ASKED FOR AN UNENCUMBERED VIEW FROM MY FRONT IrIND0WS; I WILL FIGHT FOR WHAT I KNOW IS LEGAL AND RIGHT --- UNTIL HELL FREEZES OVER. SIAi , , I saw 6-0 -72.'� C4Vl? r -70 Th'IS 1S;4'Z,,g oY� /�jliy /� y / ,Mg . _ r ODiv�r" GfJl.Ih� -%D ,l'�� �hl� OLI�/1J -f(.5Ss -779x rn0,72 y CVnn;T-,%D 1n) h O 2 Q I Ia 2 O h W 4 j O O >L W cc Q 2 W W cc j O cc W O O C� CITY OF ORONO CALLED -IN DATE TIME INSPECTION NOTICE SCHEDULED `t.5 3o PERMIT NO. _ COMPLETED�� �� r ADDRESS _'� '7'1 Cf-ti Sr L Qq., OWNER �Gu ` C�-e��1t CONTR. TELEPHONE NO. O FOOTING O PLUMBING RI SITE INSPECTION O FRAMING ❑ MECHANICAL IXEXCAV./GRADING/FILLING O INSULATION ❑ WATER HOOKUP ❑ LAKESHORE/WETLANDS O WALL BD. ❑ METER SET/TURN ON ❑ LICENSING ❑ FINAL O SEWER HOOKUP ❑ COMPLAINT O PROGRESS ❑ SEPTIC INSTALL. ❑ FOLLOW-UP O DEMOL. ❑ SEPTIC MAINT. O SEPTIC FINAL O FIRE PREY. ❑ WELL TEST PUMP O _ COMMFNTS- "t -4ws M -4 il1IIl1IIIIl1F��-AWAIL �Y ����� �t ��• el O WORK SATISFACTORY: PROCEED O PHOTO TAKEN O CORRECT WORK & PROCEED ❑ CORRECT WORK. CALL FOR REINSPECTION BEFORE COVERING ❑ CORRECT UNSAFE CONDITION WITHIN HOURS. INSPECTOR WILL RETURN. O STOP ORDER POSTED CALL INSPECTOR O INSPECTION REQUIRED. CALL TO ARRANGE ACCESS. call for the next inspection 24 hours in advance. Owner/Contr. on site Inspector _ �- _ 473-7357 White Copy/Inspector's File Gold Copy!Site Notice CA PERMIT NE: _ rM Building Permit DATE 15SUED�_'�-_�.__ AND APPLICATION FOR CERTIFICATE OF OCCUPANCY EXPIRES P.O. BOX 66, CRYSTAL HAY, MN 55323 473-7337 , ZONING DISTRICT SITE ADDRF.SS—a 3`1`�. LEGAL DESCRIPTION PROP. ID % e')n LOT BLOCK SUIIUI VI ;iOrJ _ FIRE ZONE — -- ---- -- VAR. DATE `— COND USE DATE LOT AREA WIDTH DEPTH PROPOSED SETBACKS _ FRO S 4:7 41-0 R. �t-- L siL Sioy 8 LAKE WETLANDS ACCESS NEW EXISTING AGENCY-APPROV DATE CITY COUNTY STATE PR EASEMENT REMARKS ,'JiJER (Ndmr1 IAr1,4 ssl IPhrinel i)RA AC,f�e�J �, . + �f 7/ - Y$ z ARCHITECT/F.NGINEE R Must Certify Muni Family, Commercial h Industrial Corstruttlun PI,Ins E R T. NO - (Firm) -IAvIdress) (Phone) BUILDER IFnml (A• Tress) T $� E(.cior A jC IPhonel TYPE OF VJORK New tlon Remodel Proova W ".) s Acf 1TECNr CC)I•),T TVr[T111 ur, 51/[ F',T ct r.;t �•n�l nT:c)'� 00 RVAUENTIAI sTururs 11 1 :1 PERMIT FEES 50 8Ln)G PERMIT OWEI L BU(FMs•FLIA aD U'nTS STATE FEE _ (,Ali STALL' SEPTIC--_�-- -_ REVIEW PLAN REVIEW nTT APP PENALTY vc,"J nF51U Plu)'r;;,Eu u;t PARK FEE _`— -- - - - SAC CHARGE OCC Ct ASS -.-._ _._ ;TUHIES - COUNCIL ------ -- -- -- Gfl APP DATE TOTAL DUE INSPECTION REQUIRED WORK REQUIRING SEPARATE PEnPAITS FOOTINGbelaepuu, FRAMING rouvh'n INSULATION PLUMBING WALLBOAND Betu'e T.y,.nll MECIIANFCAL .- FINALtwlu•euturfaw SEPTIC -- 4K BEYOND OR WITHOUT A nE SEW( H 4ED INSPECTION WILL BE SUIJ WAT[n TO PENALTY GHA[11NF, b 1 It . INt, eECIION /1Ut1H, 413130/ LB )JAM INSP I aPM 1 4 PM INN#' NI XI DAY ELE(.inlCA1 I•,,mS)nla U0I171 I Il I (Alt I N I INAN111 i.1,:.11, IN I'I1.1O1/ ld)FU /1([:EIPt No, A(y.F t SUI, ACKNOWLEDGEMENT a 8 THE UNUEHSI(,NEU HEREBY REOUESTS I'E(.MISSION TO MAKE THE REAL IMP14OVEMENTS SPECIFIED AND DECLARES ' UNUER PLNAL TY OF LAW ACKNOWLEUGCMENT AND ACCEPT ANCE OF All INFORMATION. CONDITIONS tND nEOU1RE MENTS HEPHLSE.NTlU ON THIS DOCUMENT THE UNDER AGNEU FlJilluE 11 nt,nEt S 10 UO AI 1 W(IHKS IN STRICT CUM r, IANCI WITH ALL t ITV ul ORONJUI1D1NANCFS ANt) STATE to MINNt:4)fAjsulnNL,(t1UlNE(lUtTtM(N15 .n,. e _ l •, . (./ y L S.� ; c to t J IA � � " EXHIBIT AKA If,,y d�hA Cortit•irnto of Survoy for Scott Nh=tntih smite -- -�mltdcu s Addition to the i Villui;o of vinnetni,ku b•.3ach ,lay./.nO of enne,An Cour,ty, ;�inrjesota u �cRysr41 BAy ; P ) Re Y . „_ - '. ner,-by certify that this is a true and corr,2cL reprenontution of' a survey of the tc,ur,dari(,: of till thht pert of Lot 18 1 i 1 lyi.-,i• East of the :.est 10 feet tht,r•,!o:', ex,;cPt L';at purL of said Lot 18 lyinC Northeasterly of a lino described as txig1nn1n6 at the trout u,sterly corner fl �� of* said Lot 18; thence Northwestorly w through a point described as follows: ' Coin-P)ncini; at said mo:jt Disteriy corner; thence Northwesterly alonr, the Northeasterly lino of said Lot ` H hA. V- = '� lE? a distance of 175 foot; thence 1 v /V doflocting loft 900 a distance of °o V Z ! 5 distance to said point, Wallace'!; Addition to the Village of Kinno- '�l ¢ toms Heach, mile: Lhe locntfon of all existing buildingu thereon. It does not purport Lo show ° 141.7 � oL�.cr• iaprovu.•:untc; or ancroach- ,' rtdnts except a road and u wuil. w1 fr 1 all h W � 917f' OA R�,1a Ot Scale: 1" = 30' Gcr on R. Coff'ln k , No. 60f,1. Date 11-17-82 L+,nd Survayor and Plunrer 0 s Iron marker :,one Lrko, Minnesota City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1496 Granting A Variance to Municipal Zoning Code Sections 34.552 and 34.610 - File 748 Whereas, Sandra George is the owner (hereafter "owner") of property located within the City of Orono (hereafter "City") at 3399 Crystal Bay Road, legally described as All that part Df Lot 18 lying East of the West 10 feet thereof, except that part of said Lot 18 lying Northeasterly of a line described as beginning at the most Easterly corner of said Lot 18; thence Northwesterly through a point described as follows: Commencing at said most Easterly corner; thence Northwesterly along the Northeasterly line of said Lot 18 a distance of 175 feet; thence deflecting left 900 a distance of 5 feet to said point, Wallace's Addition to the Village of Minnetonka Beach, (hereafter "property"); and Whereas, the owner has applied to the City for variances to municipal zoning code sections 34.552 to allow construction of an addition setback 8 feet from the interior side lot line instead of the required 10 feet and to section 34.610 to allow a 4% increase of hardcover over the existing 2,758 square feet of hardcover already 5% over the allowed 2,280 square feet or 25% of hardcover within the 75' to 259' lakeshore setback area. Minnesota: Now, Therefore Be It Resolved by the City Council of Orono, Findings 1. This application was reviewed as zoning file no. 749. 2. The property is located in the LR-IC Single Family Lakeshore Residential zoning district. 3. The proposed improvements to the property shall be limited to a 41 increase in hardcover for a total hardcover variance of 9%. The Orono Planning Commission reviewed this application on y 16, 1983, and recommended approval of the varaances as .mended based upon the following findings: a) The proposed improvement, as amended, is consistent with the pattern of neighborhood development. U) There is no additional land available. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1496 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the owner and other interested persons, and the effect of the proposed variances on the health, safety and welfare of the community. 6. The City Council finds that the conditi�,,is existing on this property are peculiar to it and do not apply generally to other property in this zoning district: that granting the variances would not adversely effect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the owner, but is necessary to alleviate a demonstrable hardshipor difficulty; is necessary to preserve a substantial property right of the owner; 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 variances to Section 34.552 and 34.610 to allow •onstruction of an addition to the existing residence on the above described property to be located 8 feet from the interior/side property lire instead of the required 10 feet and to allow a 4% increase of hardcover over the allowed 21,280 square feet or 25% within the 75 feet to 250 feet lakeshore setback are subject to the following conditions: 1. All improver,, is for the property are limited to a 4% increase in hardcover. 2. No other variances are granted or permuted for this structure. 3. The seeding of gravel drive on west side of house and in rear yard completed prior to final inspection by 9ui''ing Inspector. 4. The City will approve no future variances for this property. 5. Authori,ies granted by this variance run with the property not with the owner, but are permissive or1y ,nd must be exercised by application for a building permit and/or occupancy certificate within one year of the date c. -ounr_i1 approval, or this variance will expire on that date (June 13, 1984). A. Violation of or noncompliance with ar of the terms and conditions of this variance shell constitute a violation of the L-uning cede, shall automatically terminite,inyrtuthority(3ranted herein, and shall be punis;hahle as a mis(iemeanor. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1496 7. The unde ed owner has read, understood and hereby agrees to the terms 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 Orono City Council on this 13 day of .June, 198.3. ATTEST: CITY OF ORONO City Clerk Mayor (1) Property Owners) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /ja day of - al.u. _ , 1983, before me a Notary Public within/and for said nty, personally appeared known to me to be'Ehe p6rson(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. JOHN R. QEAHARD3ON "'� 2.C11 MOTAAY PUBLIC- MINNESOTA NOTAKY PUBLIC 1� HENNEPIN COUNTY Yp �rvsv+wn �� /Pii JP MY COMMISSION EXPIRES This document is being recorder' for the benefit of the City of Orono per Minnesota Statutes 386.77. State Deed Tax Due Hereon: Exempt Thi . instrument was drafted by: City of Orono P.O. Box 66 Crystal Bay, MN 5532.1 To: From: Date: Subject: COUNCIL MEETING MAY 2 81985 Mayor Butler, Mark Bernhardson, City Administrator CITY OF ORONO Orono Council Members Jeanne A. Mabusth, Zoning Administrator May 23, 1985 Status of Property Located at 2695 Casco Point Road The temporary pump has been installed to remove the standing water around the foundation. Hay bales were restaked along the south property line. A dumpster has been installed on the site and all refuge collected and placed within. Building materials have been neatly restacked on the site. I have enclosed the plan for the intended drainage control stucture. The City Engineer has reviewed the plan and has asked for a clean -out where the 4" pipe and 12" pipe connect. Chris Adams advised that bids are out as of the week of May 20th and the contractor will be selected by the end of the week. work will begin on the drainage structure sometime after the holiday week -end. The original surveyor, Mark Gronberg, has been directed by Chris Adams to certify the existing setbacks. The certification survey of the existing elevation will be presented to Council for their review as soon as staff is in receipt of the survey. The building inspector has advised that there has never been a span of 180 days where no work had been done on building. He does not feel a new building permit is required. CH/IrPLES O. Osr S/TE PL.I rV L O T . % 4aO. S6/B. NO 165 sw/y /ant of -- Le! 1J4,J•rr r.rq Parr J /PE!//JEO fO,e E.YI//.fOTECH HOMES It N• 2� `• / ` `' ; - --11I --�. :�-e�� '-_— __..?7y Clot Oti+ey/ t r.e tis Cr•+I crs ✓!I a- \``� �t r �.r •C .1 - R /NY : ,93Q.O - - S ♦ iA Iw.: r y)I S , C'� n� • f• 1r� ai� 1� yy! • _ .. _. _ . °.04 laa; . JlB. 9 min �orypojed tr \ "O v /�Grrv7Y[F priT.y 6' .v tct � -�. 1 t• 4 ;I; It C,IECR ✓"Uve /ATI ;/ NowXg L r ' MN tJf. 1• k'6 yP � ` 1M.-AYE/1'•wt r �t.� tv• 'e •'/rePelf/ (... for qc�-Y a k`°' I T� I •' r ~ AA 0 /9S•O�/1fI'C La2,15Ire -y� �iiJt4 �... OEOOEO nt/ JL✓G. /i/f To 9�f ,JOO �� f l c I BrsFK I 11 ! i A.J.>•M D-3o3Y•7yJAP$1• 1 • � v +0 � qL CI✓pAM7b %ArALLIL✓MN c. 11 v }� ci7 ''� r �� / ♦� / { GORDONR. COFf/N Co., /wC. """^•° r�• • s cD• •� � d� ,. I �• lJ.: JI wv t Zoe r �1 f i • ♦ 1 LONG LAA'E/ /N/.vvE.fOTA �� ti / / • S I t0! �, Pei euewta. t DATC r _7-2?- 91/ Hlrcve pa ,'Aon Ghanyed 7-11-484 I , SCALlr /'•e y0' /trrJed r>tii�+ns.rt�-'f'/O-BS t f t 1 Mc, -)hole steps Shull to placed CASTING A 8 SO that off -set ;tr�ical portion .___ __._- ..-� of cone Is foc;rq J,;wnstream - - .__. R17728 24' 7" R1760-B 9" R 1942 @ i 0 i h 0 o, I' Max. El �.�'.. RIi55FTil MAY 6 19�5 -� CITY OF OROf,',;O �� •...:, , . Grout bott�—m o 1 / 2 6arn; ' r at p:pe and s' ape i� ;ut 2" �i d In'lert. Pt. AN Bonestroo, Rosene Anderlik IN Assoc., Inc Consulting Engineer* St. Paul, Minnesota '1 '-,me and cover, or equal. 2 c -oltd pick hoes. cations for costir.,i n., r l f 2, maximum of 3 C -- f "'isiment rirq s o": « d. 11 II 11 � SECTION Not to Scale Manhole steps, Neenah R1981 J or equal, 15' o. c. Alum�n -;1 steps opproved. All jois n'in manhole to .d ;"r,ng rubber go6iitet. Minimum stab thickness, 6' rar !4' depth Increase thickness I' for (, ch 4' of depth greater than 14', and t*'r.!,ics e�fh 6 * x 6' 10/10 mesh Pipe shall be cut out flush with inside face of wall, Ccr"poct to top -;f pipe,to first joint Note Kor- n • seal manhole or equal concidered cccepable alternate Revisions �- Plate No STANDARD DETAILS Jan 1980 JUNCTION MANHOLE 1-2 SANITARY SEWER rl COUNCIL )1NG MAY 2 g lei 5 SPECIFICATIONS FOR WILLOW DRIVE OVERLAY M.S.A.P. 152-101-07 OLD CRYSTAL BAY ROAD OVERLAY y • , M. S. A. P. 152-102-08 ORO NO, MINNE§DTA Y, • 1985 d4 Amm4 Afim~"" WILLOW DRIVE OVERLAY M.S.A.P. 152-101-07 OLD CRYSTAL BAY ROAD OVERLAY M.S.A.P. 152-102-08 FILE NO. 13922 ORONO, MINNESOTA 1985 INDEX Index Advertisement for Bids Information to Bidders Proposal Special Provisions 2101. 2105. Clearing and Grubbing - Specific Requirements Excavation 6 Embankment - Specific Requirements 2211. Aggregate Base - Specific Requirements 2331. Plant -Mixed Bituminous Pavement - Specific Requirements 2341. Plant -Mixed Bituminous Surface - Specific Requirements 2357. Bituminous Tack Coat - Specific Requirements 2501. Pipe Culverts - Specific Requirements 2575. Turf Establishment - Specific Requirements 16,200. Traffic Line Painting - Specific 5 General Requirementa Conditions of the Contract I hereby certify that this plan and specification was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Glenn R. Couk, P.E. Date: May 20, 1985 Reg. No. 94SI 0-8074c ADVER'rISEMENT FOR BINS Sealed bids will he received by the City of Orono, Minnesota in the City Hall at 1335 Brown Road South, Crystal Bay, Minnesota until 10:00 A.M., C.D.S.T., on Friday, June 28, 1985, at which time they will he publicly opened and read aloud for the furnishing of all labor and materials and all else necessary for the following: WILLOW DRIVE OVERLAY - MSAP 152-101-07 6 OLD CRYSTAL BAY ROAD OVERLAY - MSAP 152-102-08 5,600 Ton Bituminous Surfacing 2,500 Ton Cravel Base 61,000 Lin.ft. Traffic Line Painting Plans and specifications, proposal forms and contract documents may be seen at the office of the City Clerk, Orono, Minnesota, and at the office of Bonestroo, Rosene, Anderlik 6 Associates, Inc., Consulting Engineers, 2335 W. Trunk Highway 36, St. Paul, Mn. 55113. Each bid shall he accompanied by a bidder's bond naming the City of Orono as obligee, certified check payable to the Clerk of the City of Orono or a cash deposit equal to at least five percent 0 %) of the amount of the bid, which shall be forfeited to the City in the event that the bidder fails to enter into a contract. The City Council reserves the right to retain the deposits of the three -lowest bidders for a period not to exceed 30 days after the date and time set for the opening of bids. No bids may be withdrawn for a period of thirty (30) days after the date and time set for the opening of bids. Payment for the work will he by cash or check. Contractors desiring a copy of the plans and specifications and proposal forms may obtain them from the office of Bonestroo, Rosene, Anderlik 6 Associates, Inc., upon payment of a deposit of $35.00, all of which will be refunded to all bona fide bidders, providing said plans and specifications are returned in good condition within fifteen (15) days after the date set for the opening of bids. A bona fide bidder is one who actually signs and submits a bid. No money will be refunded to any person who obtains plans and specifications and does not submit a bid to the Owner. The City Council reserves the right to reject any and all bids, to waive irregularities and informalities therein and further reserves the right to award the contract to the best interests of the City. Mark E. Bernhardson, City Administrator City of Orono, Minnesota 0-8074c • W INFORMATION TO B 1 l)URS 1. BID PROCEDURE: Each Contractor has been furnished a specification, plan and two extra proposals. In submitting his bid, the Cnntrac.tor shall bid on the separate Proposal designated "13I1) COPY" and not in the bpecificatiun book. A sealed envelope shall contain the Proposal.-� 2. PLAN DEPOSIT: A. Prime Contractnri A Prlmu Contractor way obtain one Her of plans and specifications for the deposit us stipulated In the Advertisement for Bids. All of the deposit shall be. returned if the Prime Contractor submits a bona - fide bid and returns the plans and speciftcat.ions in good condition within 15 days after the date set for opining of bids. A Prime Contractor is defined as it general contractor who submits a bona - fide bid or an electrical or mechanical snhronrractor who provides a complete hub -bid to more Chan uric general contractor. The general contractors recely- Ing a quotation must be named by the subcontractor with the return of the plans and specifications to be eligible for deposit return. A hid for equlp- ment or material only is not considered a complete sob -bid. M Prime cuntractors may ubtaln more thten one, e:et of plans and specificttions if necessary, however, no refund will be given for there additional sets. R. Material Supplier: Any material supplisr may obtain one set of plans and specifications for d deposit as stipulated in the Advertisement for Bids. One-half of this amount will he returned if the plans and specifications are !# returned in good condtion within 15 days after the date set for the opening i� of bids. Individual drawings and sections of the specifications may be purchased at the rate of Five Dollars ($5.00) per sheer. of drawings and Twenty Five Cents ($0.25) per sheet of speciticdtionn for which no retu ml shall he made. `j C. Plan Deposit Refund_ No deposit refund shall be made for plans and 14 specifications returned lebs than forty-eight (411) hours prior to bid letting hour if the Contractor does not submit a hid. } I• r n B9A 3/R1 6 W 0 PROPOSAL. FOR A WILLOW DRIVE OVERLAY MSAP 152-101-07 A OLD CRYSTAL BA" ROAD OVERLAY 1+ MSAP 152-102-08 r FILE NO. 13922 ORONO, MINNESOTA 1985 w tr A M Honorable City Council City of Orono 1335 Brown Road South Crystal Bay, Minnesota 55323 Gentlemen: ar M is at be f+ ed CONTRACTOR TOTAL BASF. BID OPENING TIME: 10:00 A.M., C.D.S.T. OPENING DATE: Friday, June 28, 1985 'fhe undersigned, being familiar with your local conditions, having m- the field inspections and investigations deemed necessary, having studs he plans and specifications for the work including Addenda Nos. and u, ag familiar with all factors and other conditions affecting the work and cost thereof, hereby proposes to furnish all labor, tools, materials, skills, equipment and all else necessary to completely construct the project in accordance with the plans and specifications on file with your Clerk and Bonestroo, Rosene, Anderlik S Associates, Inc., 2335 W. Trunk Highway 36, St. Paul, Minnesota 55113, as follows: PART I - WILLOW DRIVE OVERLAY - MSAP 152-101-07 ITEM NO. ITY UNIT 2104.5f15 00 Sq.yda. Remove bituminous pavement 0 - ` DOLLARS CENTS $ /yq.yd. $ -,- 7104.521 140 Lin.ft. Salvage pipe .culvert Id DOLLARS CENTS f t . $ 2712.501 I'M 'rot, Aggregate hale, Class 5 (d DOLLARS CENT% S /ton S "231."01 50 Ton Bituminous patching mixture 0 DOLLARS CENTS $ /ton S o-9074c P-1 ITEM_ NO. gUANTITY 1)NIT 2211.507 900 Lhs. joint and crack filler (I DOLLARS CENTS $ / l b. $ 0231.001 2,500 Sq. ft. Roadglass reinforcement (Design SP-1) (d DOLLARS CENTS $ /sq.ft. $ 2311.504 8 Ton Bituminous material for mixture ►A DOLLARS CENTS $ /ton $ 2331.504 150 Ton Leveling curse mixture @ DOLLARS CENTS $ /ton $ 2341.504 153 Ton Bituminous material for mixture ld DOLLARS CENTS $ /ton $ 2341.508 2,550 Ton Wearing course mixture (J DOLLARS CENTS $ /ton $ 2503.571 140 Lin.ft. Install pipe culvert (Design SP-2) (d DOLLARS CENTS $ /lin.ft. $ 2554.501 110 Lin.ft. Traffic barrier Design A-8307 (d DOLLARS CENTS $ /lin.ft. $ 2575.505 500 Sq.yds. Sod with 3" topsoil @ DOLLARS CENTS $ /sq.yd. $ 0964.603 6,630 Lin.ft. 4" wide broken line, yellow paint @ DOLLARS CENTS $ /lin.tt. $ 0564.603 13,260 Lin.ft. 4" wide solid line, white paint (d DOLLARS CENTS $ /lin.ft. $ 0564.603 5,000 Lin.ft. 4" wide solid line, yellow paint (d DOLLARS CENTS $ /1in.fr. $ l TOTAL PART I .......................$ PART II - OLD CRYSTAL BAY ROAD OVERLAY - MSAP 152-102-08 I0I . `)2 40 Each Clearing (d DOLLARS CENTS $ /each $ ?101.507 40 Each Crubbing @ `- -- -- DOLLARS --- CEN'rS $ lea, It $ 2104.905 50 Sq.yds. Remove bituminous pavement (d ( DOLLARS CENTS $ /sg.yd. $ w P-2 O-H074c r, U ITEM NO. 911AN'PI Y '41T 2104.521 160 Lin. ft. Salvage pipe culvert Q DOLLARS CENTS $ /lin.ft.. $ 2105.501 1,500 Cu.yda. Ditch excavation @ DOLLARS CENTS S /(•u. vd. $ 2105.525 600 C:u.yds. Topsoil borrow M DOLLARS CENTS $ /cu.yd. $ 2712.501 1`10 Ton Aggregate base, Class 5 (1007, crushed) @ DOLLARS CEt:'rS $ /ton $ 2212.501 50 Ton Aggregate base Cl. 5 (1007 crushed) for driveway DOLLARS CENTS $ /ton $ 2221.501 "''v(I Ton Aggregate shouldering Class 5 (100% crushed) @ DOLLARS CENTS ,$ /ton $ 22j1.501 50 Ton Bituminous patching m ,re (d DOLLARS CENT /ton $ 2731.507 1,300 Lbs. Joint and crack filler DOLLARS CENTS $ /lb. $ 0231.601 3,700 Sq.ft. Roadglass reinforcement (Design SP-1) (d DOLLARS CENTS $ /sq.tt. $ 2331.504 13 Ton Bituminous material for mixture @ DOLLARS CENTS $ /ton $ 2331.504 250 Ton Leveling course mixture @ DOLLARS CENTS $ /ton S 2341.SO4 i50 Ton Bituminous material for mixture (d DOLLARS CENTS $ /ton $ 2341.508 2,500 Ton Wearing course mixture Id DOLLARS CENTS $ /ton $ 2503.571 180 Lin.ft. Install pipe culvert (Design SP 2) td t# DOLLARS CENTS $ /lin.ft. $ I 2511.501 5 Cu.vds. Random rip rap, Class 11 0 I1 DOLLARS CF.N'r5 $ 2511.515 10 Sq.yds. Ceotextile tilter P !p DOLLARS CENTS $ /s►I.Yd. $ 2S35.SU1 l5l I t. Pituminous curb (d D►1LLAR5 CENTS 5 / l in. f t. $ P-3 0-R074c TTF.M NO. QI=1'Y UNIT 2554.501 III) Lin.ft. Traffic barrier Design A-8307 (d DOLLARS CENTS $ /Lin.ft. $ 2575.501 1.5 Ac. Roadside seeding 0 DOLLARS CENTS $ /acre $ :75.502 90 Lbs. Seed, Mixture 5 @ DOLLARS CENTS $ /lb. $ A 2575.511 j Ton Mulch material, Type I @ 1 DOLLARS CENTS $ /ton i I 9 2575.519 1.5 Ac. Disc anchoring @ DOLLARS CENTS $ /acre. $ 2575.505 Soo Sq.yds. Sod with 3" topsoil 0 DOLLARS CENTS $ /eq.yd. $ 0564.603 9,950 Lin.ft. 4" wide broken line, yellow paint (d DOLLARS CENTS $ /lin.ft. $ 0564.603 19,900 Lin.ft. 4" wide solid line, white paint 61 DOLLARS CENTS $ /Lin.ft. $ 0564.603 10,000 Lin.ft. 4" wide solid line, yellow paint @ DOLLARS CENTS $ /lin.ft. $ TOTAL PART TI ......................$ TOTAL PART I - WILLOW DRIVE OVERLAY $ TOTAL PART It - OLD CRYSTAL BAY ROAD OVERLAY TOTAL BASE BID .............................. $ The final amount of the contract shall be determined by multiplying the fine! measured quantities of the various items actually constructed and installed by the unit pries stated therefor, in the manner prescribed in the specifica- ns. How#ver, the low bidder shall be determined by adding the sums result- om mu tiplying the euantities stated by the unit prices bid therefor. ` .,mpanying this bid is a bidder's bend, certified cher Nr cash deposit is amount of DOLLARS N'rS ($ ) anic is at less,- percent (52) of the amount of my r bid made payable to the City of 0. , Minnesota, and the same is subject _u turfeiture in the event: of default on the part of the undersigned or tailure on the part of the undersigned to execute the prescribed contract and bind within fifteen (15) days after its submittal to me/us. -4 0-8074c 6 f In submitting this bid it is understood that the Owner retains the right to roject any and all bids and to waive irregularities and informalities therein and to award the contract to the best interests .,r the Owner. In submitting this bid it is understood that payment will be by cash or check. It is understood that bids may not he withdrawn for a period of 30 days after the date and time set for the opening of bids. It is understood that the * Owner reserves the right to retain the certified check or bond of the three lowest bidders as determined by the Owner for a period not to exceed 30 days after the date set for the opening of bids. Respectfully submitted, 0 (A Corporation) (An Individual) Name of Bidder (A Partnership) By Title Printed Name of Signer Address City, State 6 Zip Code Telephone No. -8074c P-5 KM SPECIAL. PROVISIONS 1. PROJECT DESCRIPTi0N: This project provides for the bituminous leveling and bituminous surfacing on Willow Drive from Fox Street to the Burlington Northern Railroad bridge and Old Crystal Hay Road from County Road 6 to County Road 84. 2. OWNER: 1"oe City of Orono is designated as the Owner. The work as outlined herein is on public: right-of-way or on easements obtained by the Owner. 3. COMPLETION DATE: It is desired that the entire project be completed as `c soon as possible. The project shall begin on or before August 1, 1985, and be completed by October 5, 1985. M 4. LIQUTUATED DAMAGES: Liquidated damages as specified in the Conditions of 1 the Contract shall be One Hundred Dollars ($100.00) per calendar day. w 5. SPECIFICATION REFERENCE: Where the Minnesota Department of Transportation specifications are referred to herein and where a reference to the word kl "State" is mentioned, it is understood that the word "Owner" is substituted. All reference to the word "Engineer" shall be interpreted as the Engineer for the City of Orono. Minnesota Department of Transportation Specifications for f` Highway Construction, 1983 Edition and revisions t-'•ereto shall apply except as noted herein. 6. TRAFFIC: Traffic control shall be the responsibility of the contractor. The contractor shall be responsible- for maintaining traffic on the streets at all times. Flagmen, bnrri,•ades, flashers, signs and all other necessary safety measures are the sole responsibility of the contractor and shall be incidental to the road construction. All traffic control devices shall be in accordance with js! the "Minnesota Uniform 'Traffic Control Manual." 1 7. TESTS: All material test.e required in the specifications shall be paid # for by the City. This does not eliminate the contracte.r's responsibility of assisting the Engineer by notification of pit and scale location and other correlated items in advance of the starting time so that adequate control 1 measures can be established. M Test failures shall he retested at the contractor's expense. t 8. SCALE: The contractor shall provide the necessary scale and scale person fur weighing the items furnished on a ton hasis under these specifications. The scale setup is subject to the approval of the Engineer. The necessary weights used in testing the scale shall be provided by the contractor. 9. PRE -CONSTRUCTION CONFERENCE: Prior to starting work, the ..ontractor shall S meet with the Engineer to discuss the method and means of supply, a work (� schedule as to construction phases and a general review of the plans and specifications. 1 r SP-1 0-80 74 c 10. CRACK CONTROL: The contractor shall provide for installation of a Roadglas spot repair system over transverse and longidutinal cracks in the roadway as directed by the Engineer, the roadglas spot repair system will be used when the cracks are 3/8 inch or greater in width. The Roadglas crack repair consists of Roadglas reinforcment and Roadbound binder. Cracks shall he covered by a minimum of 5 inches of roadglas reinforcement on each side of the crack. Special attention is directed to the contractor to provide the required tar kettle to maintain a temperature of the Roadbound binder between 350°F and 400°F. Payment shall be at the bid unit price per square foot and include cleaning of the cracks, roadbound binder, Roadglas reinforcement, and all miscellaneous items specified by the manufacturer (Owens Corning Fiberglass) and all other items incidental to complete the placement. 11. 1OTN'I' AND ('RACK FILLER: The contractor shall provide for the cleaning and filling; )f all cracks with APE, Ruberized Emulsion crack filler not repaired with the Roadglas Spot Repair System as outlined above. Payment from the joint and crack filler material by the pound as bid in the proposal shall be compensation in full for the emulsified asphalt, cleaning and all other items incidental to complete construction. 12. GUARDRAIL: Guardrail shall be placed in accordance with standard Plates 8307R and 8319C. Payment for guardrail at the unit price indicated in the proposal shall be compensation for placement of the guardrail, including Twisted end section and all items incidental to complete construction. 13. CULVERT REMOVAL. b REPLACEMENT: The contractor will be required to remove the existing culverts and place gravel bedding and insulation prior to replacing the culvert as indicated in Design Detail SP-2. Payment for the installation of the pipe culvert at the unit price bid in the proposal shall be compensatic- placement of the culvert, sand bedding, insulation, ( compaction and .!MR incidental to complete the construction. SP-? 0-8074c 6 2 101 . CLEAR I N1, AND CRUBH I NG Specific Requirements 2101.0. SPECIFICATION REFERENCE: Unless otherwise noted or modified herein, all sections of the General Requirements shall apply. 2101.3. CONSTRIICTION REQUIREMENTS: The contractor shall remove only those trees specifically designated for removal by the Engineer. No trees shall be removed until the contractor has reviewed tree removal in the field with the Engineer. When trees are designated to be saved at the end of backslopes, the backslopes ahould be modified to avoid root damage. Where overhanging branches are broken by construction activity, the contractor shall promptly trim such branches in a neat and presentable manner. Such work shall he considered incidental to the contract. 2101.3.4. Disposal: All timber and debris shall be removed from the project area to a disposal area selected and provided by the contractor. No burying of debris will be permitted. 0-8074c Copyright 1985 Bonestroo, Rhsene, Anderlik 6 Associates, Inc. 2105. ROADWAY EXCAVATION Specific Requirements 2105.O.SPECIFICATION REFERENCE: Unless otherwise noted or modified herein, all sections of the General Requirements shall apply. 2101.3. CONSTRUCTION REQUIREMENTS: All excavation shall be to the line and grade as staked by the Engineer. The contractor will be required to grade ditches as shown on the plan. Excess material from the grading shall be removed from the project site by the contents. The contractor shall obtain approval from the City of Orono to deposit excess material within the City limits. The contractor shall place three inches of topsoil on all areas to be seeded or sodded. 1 M 1# (1! II 10 0-8074c M Copyright 1985 Bonestroo, Rosene, Anderlik 6 6 Associates, lnc. "11. A(;GRECATF. BASF. Specific Regii i rement s t 2211.0. SPECIFICATION REFERENCE: Saction 2211 of the State of Minnesota, Department of 'transportation, "Standard Specifications for Highway Construc- tion", 1983 Edition, and all amendments thereto, shall apply except as modified or altered in the following Specific Requirements. 2211.2.1. ACCREGATE: Aggregate material used for this project shall be in accordance with Mn DOT Specification 2211 for Class 5 gravel base. 2211.3. CONSTRUCTION REQUIREMENTS: The subgrade shall be inspected, checked, and approved by the Engineer prior to placement of aggregate base in the area to be patched. The aggregate base shall be compacted by the method called "speci led density" to 1002 standard density in accordance with specified density requirements. Driveways shall be regraded where necessary as directed by the Engineer. Twelve inches of Class 5, 100% crushed aggregate shall be placed on all areas to be patched. j2211.4. METHOD OF MEASUREMENT: Aggregate base used on this project shall be measured by weight in tons of material deposited on the areas to be patched as required by Lhe Engineer. 2211.5. BASIS OF PAYMENT: Payment for aggregate base shall be by the tun compacted in place. Where, in the opinion of the Engineer, aggregate base is being wasted, deductions in the quantity of base for payment purposes will be made on the basis of 110 pounds per square yard inch of thickness. c I L I 0-8074c Copyright 1985 Bonestroo, Rosene, Anderlik 6 Associates, Inc. 00 i P i 2331. PLANT -MIXED BITUMINOUS PAVEMENT M Specific Requirements ~ 2331.0. SPECIFICATION REFERENCE: Section 2331 of the State of Minnesota, Department of Transportation, "Standard Specifications for Highway Construc- tion", dated 1983 Edition, and all amendments thereto., shall apply except as modified or altered in the following Specific Requirements. 1 2331.1. DESCRIPTION: This work shall consist of the construction of a plant - mixed leveling course over an existing bituminous surface. The bituminous leveling course will vary in thickness. 2331.3. CONSTRUCTION REQUIREMENTS: The areas where leveling material is required will be marked by the Engineer in the field. It is anticipated that j" some areas will require as much as 6 inches of leveling material and other areas will not require leveling material. The leveling material shall be placed and compacted in such a manner so that the final surface varies by no more than � inch as measured from a 10' straight edge. The leveling course shall be compacted to 95% of standard marshall density. 2331.3.4. Proportioning: The percentage of weight of bitumen is estimated at five (5%) percent for the leveling course. fit hr be P to 0-8074c Copyright 1985 Bonestroo, Rosene, Anderlik 6 Associates, Inc. P c C ji r ft r t 2341. PLANT- MIXED BITUMINOUS PAVEMENT Specific Requirements 2341.0. SPECIFICATION REFERENCE: Section 2.341 of the State of Minnesota, Department of Transportation, "Standard Specifications for Highway Construc- tion", dated 1983 Edition, and all amendments thereto, shall apply except as modified or altered in the following Specific Requirements. 2331.1. DESCRIPTION: This work shall consist of the: construction of a plant - mixed wear course over a bituminous leveling course. The wear course small ht• 1� inches compacted thickness as shown on the typical section. 2341.3.2. Proportioning: The percentage of weight of bitumen is estimated at 6.0% for they wear course. 2341.3. CONSTRUCTION REQUIREMENTS: The contractor shall feather the bituminous overlay back into all driveways, cross streets and at the beginning and end of the project as directed by the Engineer. The driveways and streets shall be milled down 3/4 inch by 10 feet wide across the full width. The milling shall be incidental to the bituminr—a wearing course mixture as bid in the proposal. 2341.3.3. Treatment of Surface: The bituminous hinder course shall receive a tack coat of 0.05 gals./sq.yd., prior to placement of the wear course unless otherwise directed by the Engineer. 0-8074c Copyright 1985 Bonestroo, Rosene, Anderlik 4 Associates, Inc. 2357. RITUMTNOI1,., TACK COAT rSpecific Requirements 2357.0. SPECIFICATTON REFERENCE: Section 2357 of the State of Minnesota, Department of Transportation, "Standard Specifications for Highway Construc- tion", dated 1983 Edition, and all amendments thereto, shall apply except as modified or altered in the following Specific Requirements. 2357.1. DESCRIPTION: This work shall consist of treating the existing bituminous surface prior to placing the leveling courses dnd treating the leveling course prior to placing the wearing course. 2357.2.1. Bituminous Materiels: Bituminous materials for tack coat shall meet the requirements for Mn/DOT Specification 3151 for RC 70 or RC 250. 2357.3. CONSTRUCTION REQUIREMENTS: The tack coat shall be applied to the existing surface as directed by the Engineer. The rate of application of the tack coat shall be 0.05 gallons per square yard. The surface to be coated shall be dry and free from all foreign material prior to the application of the tack coat. 2357.4. METHOR OF MEASURMENT: Bituminous material for tack coat will be measured by volume in gallons at 60°F. 2357.5. BASIS OF PAYMENT: Payment for bituminous materials used for tack coat shall be compensation in full for all costs incidental to the furnishing and application. ITEM NO. ITEM UNIT 2357.502 Nitumincnie Material for Tack Coat Cal. 0-8074c Copyright. 1985 Ronestroo, Rosene, Anderlik 6 Associates, Inc. r Li e L 2,15. TURF FSTANL.ISHMVNT Specific Hi-fluirements 2575.0. SPECIFICATION REFERENCE: Section 2575 of the State of Minnesota, Department of Transportation, "Standard Specifications for Highway Construc- tion", dated 1983 Edition, and all amendments thereto, shall apply except as modified or . .ered in the following Specific Requirements. 2357.1. DESCRIPTION: This work shall consist of the restoration of areas disturbed during construction. All areas to be sodded shalt require three (3) inches of topsoil. Excess disruption of the boulevard areas by the contractor shall be graded and sodded by the contractor with no cumpensatian. 2575.2.1. Seed: Seed shall be Mixture 5 applied at a rate of 60 lbs. per acre. 2575.2.2. Mulch Material: Mulch material shall be Type I applied at the rate of two ton per acre. 2575.5. BASIS OF PAYMENT: Sod shall be paid for at the bid unit price as stated on the proposal and shall inclu« r •Ae (3") inches of topsoil and all miscellaneous work. Seeding shall be F .or at the bid unit price per acre as stated on the proposal. Topsoil, mulch, seed and 0';c anchoring shall be paid for at the unit price bid in the proposal. O-8074c Copyright 1985 Bonestroo, Rosene, Anderlik 6 Associates, Inc. in 00 16,200. 'TRAFFIC LINE PAINTING t Specific and General Requirements 16,200.0. GENERAL: rhis work shall consist of the necessary preliminary sur- face cleaning and the painting of traffic control lines such as centerline t striping, shoulder line or pavement edge striping and cross walk striping. 16,200.1. DESCRIPTION: All traffic markings shall conform completely to all pertinent sections of the latest addition of the manual on Uniform Traffic Control Devices for Streets and Highways of the State of Minnesota as prepared and published by the Dept. of 'rransportation, St. Paul, MN. Conformance shall he to color, width of line, placement of markings and all othv r requirements. 16,20, COLOR AND WIDTH OF LINES: The color and width of lines shall be as follows. Item Color Line Width Center lines Yellow 4" Pavement edge line White 4" Stop lines White 24" Crosswalk lines White 6" 16,200.3 SURFACE PREPARATION: All surfaces should be cleaned and brush­`o remove a?f da eterious material that would be detrimental to the pai operation or "wearability" of the paint. No painting shall be done unti, e surface has been inspected and approved by the Engineer or his authorized re- presentative. 16,200.5. PAINT APPLIC A'r[ON: All traffic paints shall be applied by brush, spray or flow methods au approved by the Engineer. Painting equipment shall he capable of applying a smooth, even coat of paint at the rates required. All paint apllicstors shall be carefully cleaned prior. to start of operations to avoid skippit.,; or application of dried chunks or boavy particles of pig- ment. Rate of application shall be as recommended by paint manufacturer. All paints shall be as presently approved by th.• .esota Department of Transportation and the approval of the Project Fngisteer shall he obtaine..1 prior to start of painting operations. A general rate for 4" wide lines shall 1t he approximately 15 to 20 gallons per mile or spreading rate of 90 to 120 It! sq.ft. per gallon. Il 16,200.6. MATERIALS: All paints shall meet the pre.teent standard. the Mn/DOT. Only new fresh paints will be accepted. Oil base paintt� al to Foreman Ford 'Traffic Marking Psint 3392 (yellow) or 3393 (white) .t be used. Glass beads are required for reflective purposes. They shall. he of 't translucent glass and as sperical as possible. Cloudy beads shall not Le acceptable. The glass shall be resistant to weathering and surta. 2:ch- ing. They must meet sufficient crushing strength standards to avoid de rior- ation. Beads shall be applied at the rate of 4 to 6 Ibs. per gallon of paint. L 16,200-1 0-8074c Copyright 1y85 Ronestroo, Rosene, AnderIik b Associates, Ine. 16.700.6. METIIOD OF KASlM: All paint. hall be measured by the lineal foot based on the required or specified widt� line. Measurement of dashed lines will include the e4.ip. Dashed lines 11 it: painted in :0 foot segments with 40 foot gaps. 16,200.7. BASIS OF PAYMENT: Payment for all painting at the contract price shall include all necessary cleaning a, paint application and all costa in- cidental to the operation. Payment she;. be based on the following units: I tom No. Item Unit 0564.603 4" wide b,-ken line, ye low -paint in.ft. 0564.603 6" W.'Ov (,ro.-iswalk series, white -paint L.n.ft. 0564.603 24" wide stop lines, white -paint Lin.ft. 0564.603 4" wide solid line, white -paint Lin.lt. 0564.603 4" wide solid line, yellow paint Lin.tt. 16' :'00-2 0- 80 74 c 1'.)pyright ► 81 Nunrstr(m, 1--*cne, Ander! i'� 6 Anovocietes, t►►i N CONDITIONS OF THE CONTRACT r I N D F. X SECTION 1 - DEFINITIONS SECTION 2 - BIDDING REQUIREMENTS SECTION 3 - AWARD AND EXECUTION OF CONTRACT, PROGRESS AND COMPLETION OF WORK SECTION / CONTRACT DOCUMENTS: INTENT AND REUSE SECTION 5 - AVAILABILITY OF LANDS; S1;:Si 1DITIONS; REFERENCE POINTS SECTION 6 TNSURANCE AND BONDS, LEGAL RESPONSIBILITY AND SAFETY SECTION - L-jINEER-OWNER-CONTRACTOR RELATIONS, ARBITRATION AND INDEMNIFICATION SEt !ON 8 - MATERIALS, EQUIPMENT, INSPECTION AND WORKMANSHIP • / SECTION 9 - MEASIIREMENP, PAYMENT AND PROJECT ACCEPTANCE SECTION li - CHANGES IN THE WORK SECTION 11 CHANGES OF CONTRACT iCE AND CONTRACT TIME SECTION 12 - SUSPENSION OF WORK AND TERMINATION C'IInN 13 - MISCELLANEOUS ' FONM OF ACREFMENT PERFORMANCE BOND r LABOR Ahh PAYMENT FOND r r!:'R5 - AiQsh Copvright 1995 Rnnentroo, ROPene, ArvierliM 6 Associates, Inc. Page No. 1. 5. 7. 9. 11. 13. 18. 25. 34. 3a. 4;. 45, 7 r ' TABLE: OF CONTENTS CONDITIONS OF THE CONTRACT SFrTION 1 - DEFINITIONS 1.1 ACTS OF COD 1.2 ADDENDA 1.3 AGREF.ME.NT 1.4 RTI) SECURITY 1.5 BIDDER 1.6 CONTRACT 1.7 CONTRACT DOCUMENTS 1.8 CONTRACT PRICE ' 1.9 CONTRACTOR 1.10 CHANCE ORDER 1.11 DAY 1.12 DEFECTIVE • 1.13 DRAWINGS 1.14 ENCINFER 1.15 FIELD ORDER ' 1.16 FINAL COMPLETION 1.17 MODIFI^7ATTON ' 1.18 NOTICE OF AWARD 1.19 NOTICE TO PROCEED 1.20 1.21 0WNER PERFORMANCE AND PAYMENT BONDS 1.22 PROJECT 1.23 PROPISAL 1.?4 RE;:'DENT fECT REPRESENTATIVE I ;HOP D<<AW I NCS 1.2b SPECIFICATIONS 1.27 SUB CONTPACTOR 1.28 SUBSTANTIAL COMPLETION 1.29 SURETY 1.30 WRITTEN NOTICE 1 . 31 WORK - 1 - r,-537Ac TABLE. OF CO..TENTS (CONT' D SECTION 2 — BIDDING REQUIREMENTS 2.1 PROPOSAT FORMS 2.2 INTERPRETATION OF QUANTITY ESTIMATES 2..3 EXAMINATION OF PLANS, SPECIFICATIONS AND WORK SITE 2.4 ADDENDA 2.5 PREPARATION OF BID 2.6 RESERVATIONS AND/OR EXCEPTIONS 2.7 BID SECURITY 2.8 DELIVERY OF PROPOSAL 2.9 OPENING OF PROPOSALS 2.10 EVALUATION OF PROPOSALS 2 '1 CERTIFICATION OF INDEPENDENT PRICE. DETERMINATION SECTION 3 — AWARD AND EXECUTION OF CONTRACT, PROGRESS & COMPLETION OF WORK 3.1 AWARD OF CONTRACT 3.2 EXECUTION OF AGREEMENT 1.3 FAILURE. TO EXECUTE AGREEMENT 3.4 RETURN OF BID SECURITY 3.5 NOTICE TO PROCEED 3.6 CONTRACT TIME 3.7 SCHEDULE OF COMPLETION 3.8 COMPUTATION OF TIME 1.9 LIOUIDATED DAMAGES SECTION 4 — CONTRACT DOCUMENTS: INTENT AND REUSE. 4.1 INTENT OF CONTRACT DOCITMF.NTS 4.2 ORDER OF PRECEDENCE 4.3 DISCREPA.NCIES 4.4 ADDITIONAL. INSTRUCTIONS 4.5 DRAWINGS AND SPECIFICATIONS AT JOB SITE. 4.6 OWNER HIP OF DRAWINGS AND SPECIFICATIONS AN'o RE!+SE 4.7 VTMEN; IONS A rTABLE OF CONTENTS (CONT'D) SECTION 5 - AVATLABTLITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 5.1 AVAILABILITY OF LANDS 5.2 PRIVATE. PROPERTY '.i SURVEYS 5.4 UTILITIES 5.5 INVESTIGATIONS 5.6 UNFORESEEN PHYSICAL CONDITIONS SECTION 6 - INSURANCE AND BONDS, LEGAL RESPONSIBILITY AND PUBLIC SAFETY 6.1 INSURANCE 6.2 PERFORMANCE AND OTHER BONDS 6.3 PATENTS, FEES AND ROYALTTES 6.4 PERMITS AND LICENSES 6.5 LAWS, REGULATIONS AND SAFETY 6.6 WARNING SIGNS AND BARRICADES SECTION 7 - ENGINEER -OWNER -CONTRACTOR RELATIONS. ARBITRATION 6 INDEMNIFICATION . 7.1 ENGINEER'S STATUS AND AUTHORITY 7.2 CONTRACTOR'S RESPONSIBILITY 7.3 OWNER'S RESPONSIBILITY 7.4 ASSIGNMENT OF CONTRACT ' 7.5 RIGHTS OF VARIOUS INTERESTS 7.6 SEPARATE CONTRACTS ' 7.7 SUBCONTRACTS 7.8 ORAL AGREEMENTS 7.9 NON-DISCRIMINATION IN EMPLOYMENT /.10 DECISIONS ON DISAGREEMENTS 7.11 ARBITRATION 7.12 INDEMNIFICATION 3 - t,-5314c r TARLF OF CONTENTS (CONT'D) pe SECTION 8 - MATERIALS, E_QUIPMF,NT, INSPECTION AND WORKMANSHIP �! 8.1 MATERIALS AND EQUIPMENT FURNI44HED BY CONTRACTOR 8.2 EOUIVALF.NT MATERIALS AND EQUIPMENT 8.3 MATERIALS FURNISHED BY OWNER 8.4 STORAGE: OF MATERIALS A.5 SAMPLFS 8.6 FURNISHING OF PRODUCT DATA 8.7 OUALITY OF EOUIPMF.NT AND MATERIALS 8.8 SHOP DRAWINGS 8.9 ACCESS TO AND OBSERVATION OF WORK 8.10 TESTS AND INSPECTIONS 8.11 UNCOVERING THE WORK 8.12 CUTTING; AND PATCHING 8.13 WARRANTY AND GUARANTEE 8.)4 CORRECTION PERIOD 8.15 CORRECTION OR REMOVAL OF DEFECTIVE WORK 8.16 ACCEPTANCE OF DEFECTIVE WORK 8.17 OWNER MAY STOP WORK R.18 OWNFR MAY CORRECT DEFECTIVE WORK C I (,-5 176c A 7 ro c TABLE, OF CONTENTS (CONT'D) SFCTIQN 9 - MEASUREMENT, PAYMENT AND PROJECT ACCEPTANCE 9.1 DETAILED BREAKDOWN OF CONTRACT AMOUNT 9.2 REQUEST FOR PAYMENT 9.3 ENGINEER'S ACTION ON A REQUEST FOR PAYMENT 9.4 OWNER'S ACTION ON AN APPROVED REQUEST FOR PAYMENT 9.5 OWNER'S RICHT TO WITHHOLD PAYMENT 4.6 CONTRACTOR'S WARRANTY OF TITLE 9.7 SUBSTANTIAL COMPLETION 9.R PARTIAL UTTLT7.ATION 9.9 FINAL INSPECTION 9.10 FINAL APPLICATION FOR PAYMENT 4.11 FINAL PAYMENT AND ACCEPTANCE. 9.12 CONTRACTOR'S CONTINUING OBLIGATION 9.13 WAIVER OF CLAIMS SECTION 10 - CHANGES IN THE. WORK 10.1 CHANGE ORDERS 10.2 FIELD ORDERS 10.3 UNAUTHORIZED WORK 10.4 ENGINEER RECOMMENDATIONS 10.5 NOTICE OF CHANGE TO SURETY 10.6 CLAIMS POR ADDITIONAL. COSTS 10.7 WORK DURING AN EMERGENCY SECTION 11 - CHANGE OF CONTRACT PRICE AND CONTRACT TIME 11.1 CONTRACT PRICE 11 .2 f HANCF. IN rONTR.iCT PRICE 11.3 BASIS OF CHANGE. 11.4 CHANCF OF CONTRACT TIMF: C-5376c - 5 - pe 1• i~ OR TABLE OF CONTENTS (CONT'D) SECTION 12 - SIISPENSION OF WORK AND TERMINATION 12.1 OWNER MAY SUSPEND WORK 12.2 OWNER MAY TERMINATE 17.3 CONVENIENCE TERMINATION BY THE OWNER 12.4 CONTRACTOR MAY S.OP WORK OR TE..INATF SECTION 13 - MISCELLANEOUS 13.1 LIMITATION OF LIABILITY 13.2 REMEDIES 13.3 PUBLIC CONVENIENCE 13.4 CROSSING UTILITIES, ETC. 13.5 SANITARY PROVISIONS 13.6 PRESERVATION OF HISTORICAL OBJECTS 13.7 USE, OF PREMISES FORM OF AGREEMENT PFRFORMANsF °OND LABOR AND r ...RIAL PAYMENT BOND 5376c 6 - 1� * CONDITIONS OF THE. CONTRACT SECTION 1 DEFINITIONS 1.1 ACTS OF GOD An Act of God is an unusual, extraordinary and sudden manifestation of the forces of nature, uncontrolled and uninfluenced by the power of man and with- out human intervention, that could not under normal circumstances have been anticipated or expected. Ordinary weather conditions of .•Drmal intensity for the locality shall not be considered as an Act of God. 1.2 ADDENDA Written or graphic instruments issued prior to the opening of Bid6 which clarify, correct or change the bidding documents or the Contract Documents. 1.3 AGREEMENT The Agreement is the written document executed by the Owner and Contractor covering the performance of the Work described in the Contract Documents. 1.4 BID SECURITY ' The Bid 'L,­rity, where required by the Advertisement or Information to Bid- ders, is a cashier's or certified check, cash or Bid Bond accompanying the Proposal submitted by the bidder, pledging that the bidder will enter into an ' Agreement with the Owner for the carrying out of the Work, should the contract for the Work be awarded to him. 1.5 BIDDER A Bidder is an individual or other entity submitting a Proposal for the adver- tised Work. 1� 1.6 CONTRACT The Contract Documents form the Contract. The Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. 1.7 CONTRACT DOCUMENTS The Contract Documents consist of the following, including all Addenda issued prior to the opening of bids, Field Orders, Change Orders or other Modifica- tions issued after execution of the Agreement: r h1/85 - 8505b Copyright 1965 Bonestroo, Ro8one, A,vlerlik 6 Associste9 Inc. (a) (1l'id Documents (Advertisement, Adderdn, Information to Bidders, Proposal and Bid Security); (2) Special Provisions; (3) General and Specific Requirements; (4) Conditions of the Contract (General and other conditions); (5) Performance Bond and Labor and Material Payment Bond (6) Form of Agreement; (7) Detail Plates and other drawings attached to specifications; 1.8 CONTRACT PRICE The moneys payable by Owner to Contractor un,er the Contract Documents as stated in the Agreement. 1.9 CONTRACTOR The Contractor is the person or entity or authorized representative thereof named in the Contract Documents. 1.10 CHANGE ORDER A written order to Contractor signed by Owner authorizing an addition, dele- tion or revision in the Work, or ^n adjustment in the Contract Price or the Contract Time issued after the effF_::tive rate of the Agreement. 1.11 DAY A calendar day of twentv-four hours measured from midnight to the next night. � 1.12 DEFECTIVE Refers to Work that is unsatisfactory, damaged, faulty or defic; does not conform to the Contract Documents or does not meet Lite requires. s of any inspection, test or approval referred to in the Contract Documents. R 1.13 DRAWINGS The Drawings are all plans, drawings (including revisions thereto) or repro- ductions thereof issued by the Engineer pertaining to the Work provided for in the Contract Documents. 2 - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik 6 AQaoci.gt-s, 'ttc. r ve U A 1i 1.14 ENGINEER The Engineer is the person or entity or authorized representative thereof named in the Contract Documents. 1.15 FIELD ORDER A written order issued by Engineer which orders minor changes in the Work - accordance with Paragraph 10.2, but which does not involve a change in h, Contract Price or the Contract Time. 1.16 FINAL COMPLETION The Work, including any punch list items, has been completed in all respects in accmrdance with the Contract Documents. 1.17 MODIFICATION (a) A written amendment of the Contract Documents signed by both parties, 'b) a Change Order, or (c) a Field Order. 1.18 NOTICE. OF AWARD The written notice by Owner to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions preced- ent enumerated therein, within the time specified, Owner will sign and deliver the Agreement. 1.19 NOTICE TO PROCEED A written notice given by Owner to Contractor (with a copy to Engineer) fixing the date on which the Contract Time will commence to run and on which Cont.rac•- '# for shall start to perform his obligation under the Contract u-cuments. 1.20 OWNER �s Thr Owner is t1:e p, o or entity or authorized representativ; *hereof named ! in the Contract Doc.. 1. 1.21 PERFORMANCE AND PAYMENT BONDS The Performance and Payment Bond%3 are the approved for of security `-d ►� by the Contractor and a Surety prior to the execution t the Agreev , a pledge of good faith on the part of the Con ctor and the Surety in t„r event of the Contractor's default, covering the ,,.,titractor's fait-;)fu1 performance under the Contract Documents and the payment of all ob!igation!� arising there- under. 1.22 PROJECT The total con ruction of which the Work to be provided order the Contr4�`- Documents may he the whole, or a part as indicated ei 'ewheii- in the Contr.lc.t Documents. - 7 1/85 - A505h Copyright :•)85 Bort-stroo, Rosene, Anderlik b Asmorlates, Inc. 1.2.1 PROPOSAL The Proposal is the offer of a bidder to perform the work described in the Bid Documents when made out and submitted on the prescribed Proposal form, proper- ly sigr.,!d and secured. 1.24 RESIDENT PROJECT REPRESENTATIVE The authorized representative of the Engineer who is assigned to the s-Le or any part thereof. 1.25 SHOP WINGS drawings, diagrams, illustrations, schedules and other data which are :fically prepared by Ccntractor, a Subront -tor, manufacturer, fabrics- oupplier or distributor to illustrate soi. portion of the Work and all isrraLions brochures, standard schedules, performance charts, instruc- tions, diagrd,,.s and other information prepared by a manufacturer, :;ibricator, supplier or distributor and submitted by Contractor to illustrate material or equipment for some portion of •*ie Work. 1.26 SPECIFICATIONS That portion of the Contract Document generally bo-., in booKlet form and con- sisting of the documents identified in Paragraph 1.7 (b) of the Conditions of the Contract. 1.27 SUBCONTRACTC' The S .)ntr_-tor is the person or other entity ,paving a dire-t contract with the Ccjotractor and cs for or on behalf of the Contracto- �.n executing any part of the Contract, but does not include any jeparate Contract or his sub- contractor or any material suppliers. 1 . 2. "118STANTIAL COMPI F.,TIOr. The 1,Jrt. r ape^ i f ied part thereof) has progresse r.a the point where, in the op ►,:ion of Engineer as evidenced by his certificate of Substantial "omple- tion, it is sufficiently complete, in ac:ordance will the Contract Documc-.:a, r ci,at the Work (or specified part) can be utilizer for the purposes for which i' was intended; or if there rr no such certificate issued, when "rinai payment •+tie in accardance with ;_:'._zraph 9.10 and 9.i:. The :-arms "sub- stantially •omplete" and "substantie.iv completed" as applied to any Work refer to Substantial Completion thereof. 1.29 SURETY A Surery i4 the perscn or other enti4.. ecuting thL :actor's Did, Per- forman-e and Payment Fonds. 4 - 1;A5 - H505b CopyriRhr 1995 Ronestroo, Ro4ene, Aneerlik & Associatev, I-x, 1.30 WRITTEN NOTl(:F; Written Notice shall be deemed to have been served if delivered in person or sent by registered or certified mail to the individual or other entity or to the last known business address of such individual or entity. It shall be the duty of each party to advise the other parties to the Agreement as to any change in the business address until completion and acceptance of the Work. 1.31 WORK The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporat- ing materials and equipment into the construction, all as required by the Con- tract Documents. SECTION 2 BIDDING REQUIREMENTS 2.1 PROPOSAL. FORMS The Owner will furnish Proposal Forms to any qualified Bidder upon request. 2.2 TNTERPRETATION OF Qt1ANTITY ESTIMATES The schedule quantities as listed in the Proposal are t­ be considered approx- imate only and may he increased, decreased or omitted as necessary to complete the Work as described in the Contract Documents. 2.3 EXAMINATTON OF PLANS, SPECIFICATIONS AND WORK SI Each Bidder is required to examine carefully the site of the Work, the Pro- posal Forms, Specifications and Plans. Submission of a Proposal constitutes a representation by the Bidder that he has made such examination, has familiar- ized himself with the .•onditions to he encountered, the character, quality and quantity of work to he performed and material to be furnished and has corre- lated his observations with the requirements of these Contract Documents. 2.4 ADDENDA Any AlAer.da p: for to the time of receipt of Proposals shall bo included in the Proposii and abnll he mad,- part of the Contract Documents. Receipt- of each Addendum shall ha acknowledged by the Bidder in his Proposal. 2.S PREPARATION OF ti l l) The bidder at,sll quhmit hia Proposal on the Proposal Form provided by the Owner. All blank sp,acea in the Proposal moat be filled in clearly .+nd ior- L 1/PS - 8505h Copyright 198a B,-nostroo, Rosen*, Anderlik to Associates, Inc. - S - rectly in ink or tvpewri,ton. Any interlineation, alteration or erasure must be initiated by the signer of. the Proposal. The Proposal shall be signed in ink by the individual or authorized representative making the Proposal. 2.6 RESERVATIONS ANDiOR EXCEPTIONS Reservations or exceptions shall be clearly stated in writing and attached to the Proposal. They will be deemed to be a part of and incorporated into the Proposal. Bidders are advised that if such reservations or exceptions con- stitute a substantial deviation from the advertised terms and conditions, their Proposals may be rendered nonresponsive. The Bidder shall make no addi- tional stipulations on the Proposal nor qualify it in any other manner. 2.7 BID SECURITY If so stipulated in th Advertisement for Bids, or Information to Bidders, each Proposal shall he �companied by a Bid Security in the required form and amount pledging that the Bidder will enter into a Contract with the Owner on the terms stated in his Proposal and will, if required, furnish bond- as de- scribed hereunder in Section 6 covering the faithful performance of the Con- tract and the payment of all obligations arising thereunder. Should the Bid- der refuse to enter into such Contract or fail to furnish such bonds, if rr- quired, the amount of the Bid Security shall be forfeited to the Owner as liquidated damages, not as a penalty. The Owner will have the right to retain the Bid Security of Bidders until either (a) the Agreement has been executed and bonds, if required, have been furnished by the Contractor to whom an award has been made or (b) the specified time has elapsed so that unaccepted Pro- posals may be withdrawn, or (c) all Proposals have been rejected. 2.8 DELIVERY OF PROPOSAL Fach Proposal shall be placed in an opaque envelope and securely sea 1. The envelope shall be so, marked as to indicate the name and address of the Bidder, the type of work and the Project Designation. If mailed, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "PROPOSAL ENCLOSED" on the face thereof. All Proposals shall be in the office of the designated recipient before the time set for bid opening. 2.q OPENING OF PROPOSALS Proposals will he opened publicly and read aloud at the time, date and place designated in the Advertisement. 2.10 EVALVATION OF PROPOSALS The Owner ,eserves the right to rP1ect any Proposal if it shows any emissions, alterations, irrPgula;itirs, is submitted subsequent to the time established in the Advertisement for kids for receipt of bids or is unaccompanied by any required Rid Security. The Bidder further acknowlcoges the right of the Owner to reject Al l Pry posalm and readvertlge with the Aam> or different Bid Docu- b _. ►/RS - 850 % Copyright 1985 Ronestroo, Rosone, Anderlik i Associate*, Inc. s• pe ments. In any event, the Owner reserves the right to waive any informalities, ' irregularities or minor deviations in the Proposal. On unit price Proposals, comparison of Proposals will be made on the basis of the stated unit prices M and unit prices will control in the event of a discrepancy between the unit price and the extension or summation thereof. On fixed or lump sum price Pro- posals, comparison of Proposals will he made on the basis of the lowest price that is responsive to the Advertisement. 2.11 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION M By submission of a Proposal, each Bidder certifies that: 4 (a) The prices in the Proposal have been arrived at independently, with- out consultation, communication or agreement as to any matters relat- ing to such prices with any other bidder or with any competitor for the purpose of restricting competition; (b) The prices in the Proposal have not been or will not be knowingly disclosed to any other bidder or competitor prior to the Owner's opening of the Proposals; (c) No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Proposal for the purpose of restricting competition. SECTION 3 AWARD AND FXECUTION OF CONTRACT, PROGRESS b COMPLETION OF WORK 10, 3.1 AWARD OF CONTRACT of When the lowest responsive Proposal of the lowest responsible bidder is accepted and within the time limit established in the Advertisement for Bids, M the Owner will send him the necessary Contract Documenta and a Notice that the contract has been awarded to him, subject to the furnishing of a Performance 04 and Payment Bond, where required. M 3.2 F.XF.CUTION OF AGREEMENT The lowest responsible bidder shall, within 15 days after receiving the Notice of Award and Contract Documents, sign the Agreement contained in the Contract Documents and return the signed Agreement and such Bonds and insurance forma as the successful Bidder may he required to furnish to the Owner. 3.3 FAILURF TO EXPCin ACREEMENT �I. Upon the failure of the lowest responsible bidder to furnish an acceptable Bond, where required, or tn execute the Agreement within the time above speci- 7 1/AS - eSUsb Copyright 19AS Ronestroo, Rosene, Ani�rlik 4 Ansociatre, Inc. fied, the Owner may have the option to annul the award and retain the Bid Se- curity accompanving the Bid as liquidated damages and not as a penalty. This shall not be the sole remedy of the Owner but upon default by the Bidder the Owner may adopt any legal remedy which it may see fit to adopt. 1.4 RETURN OF BID SECURITY All Rid Securities, except that of the lowest responsible bidder, will be re- turned within 30 days after the date of the opening of Proposals unless stated otherwise in the Special Pro•tisions. The Bid Security of the lowest respon- sible bidder will be returned upon receipt of the properly executed Agreement and Bond. 3.5 NOTICE TO PROCEED The date of commencement of the Work is the date set forth in the Notice to Proceed. Thereupon, the Contractor shall begin and shall prosecute the Work regularly and without interruption, unless otherwise directed in writing by the Owner, with such manpower and equipment as is necessary to complete the Work within the time stated in the Contract Documents. 3.6 CONTRACT TIME; The Contractor shall complete, in an acceptable manner, all of the Work con- tracted for in the time stated in the Contract Documents, subject only to extension for unforeseeable delays above and beyond the control of the Con- tractor and his Subcontractors and without their fault or negligence. Written notice of the Contractor's claim for such extension shall be given within ten (10) days of the occurrence of the event giving rise to the claim; otherwise the claim shall he waived. 3.7 SCHEDULE OF COMPLETION The Contractor shall submit, at such time as may rea:,onably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the Work, with dates at which thy- Contractor will start the several parts of the Work and estimated dates of completion of the several parts. 3.8 COMP11TATION OF TIME When any period of time is referred to in the Contract Documents by day;, it shall be computed to exclude the first and include the last day of such per- iod. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law csf the applicable jurisdiction, such day shall be omitted from the computation. - 8 - 1/85 - 8505b Copyright 19AS Sonestroo, Rosene, Andetlik 6 Associates, Inc. 3.9 LIQUIDATED DAMAr,FS 3,9,1 Time is the essence of the contract, The Contractor thereby agrees that the Owner will he entitled to liquidated damages for failure on the part of the Contractor to complete the Work within the time limits provided for in the Contract Documents. 3.9.2 Should the Contrart:)r fail to complete the project on or before the specified date, liquidated damages in the amount specified in the Special Pro- visions shall be deducted from any monies due or coming due to the Contractor or shall be paid to the Owner not as a penalty but as liquidated damages for each and every calendar day that the contract shall remain uncompleted after the specified date for Completion. Liquidated damages are specified herein because of the extreme difficulty of ascertaining and establishing the actual damages which the Owner would sustain. SECTION 4 CONTRACT DOCUMENTS: INTENT AND REUSE 4.1 INTENT OF CONTRACT DOCUMENTS 4.1.1 The Contract Documents comprise the entire Agreement between Owner and Contractor concerning the Work. They may be altered only by a written Change Order. 4.1.2 The Contract Documents are complementary; what is called for by one is binding as if called for by all. If, during the performance of the Work, the Contractor finds a conflict, ambiguity or discrepancy in the Contract Docu- ments, he shall report it to engineer in writing at once and before proceeding with the W(.:k affected thereby; however, Contractor shall not be liable to Owner or Engineer for failure to report any conflict, ambiguity or discrepancy in the Contract Documents unless Contractor had actual. knowledge thereof or should reasonably have known thereof. 4.1.3 It is the intent of the Specifications and Drawings to describe a com- plete project (or part thereof) to he constructed in accordance with the Con- tract Documents. Any Work that may reasonably be inferred from the Sperifi�.s tions or Drawings as being required to produce the intended re@•It shall be supplied whether or not is is specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment, s,rch words shall be interpreted in accordance 1,rith such meaning. Reference to standard specifications, mamials or codes of any technical society, organization or assoc.ation, or to the coie )f any governmental authority, whether ouch reference he specific or by ;mpiir-ation, @hall mean the latest standard specification, manual cr code in 4f•ct at the tine of opening of Bide (or, on the effective date of the Agr.>emertt if there were no Bids), except as may be otherwise specifically stated. Himever, no provision of any referenced standard specification, manual or code (whether or not spec- ificall. incorporated by reference in the Contract Documents) shall change the 4 1 /A5 - R5(t5h Copyright 149i Bonestroo, R7sene, And.-rlik S Asgv istea, Ion.. duties and responsibilities of owner, Contractor or Engineer, or any of their agents or employees from those set forth in the Contract Documents. Clarifi- cations and interpretations of the Contract Documents shall be issued by Engi- neer as provided for in Paragraph 4.4. 4.1.4 The Contract Documents shall be governed by the law of the place of the " Pro.lect. 4.2 ORDER OF PRECEDENCE If there be a conflict between or among any of the terms or provisions of the Contract Documents, which conflict cannot be reconciled by resorting to the intent of the Contract Documents under Paragraph 4.1, the conflict shall be resolved by applying the following Order of Precedence: (a) Agreement; (h) Conditions of the Contract; (c) Special Provisions; (d) Specific Requirements; (e) General Requirements (f) Drawings. 4.3 DISCREPANCIES Any conflict, ambiguity or discrepancy in the Contract Documents, no matter how seemingly insig.lificant to the Contractor, shall be brought immediately to the attention of the Engineer for clarification. Any Contractor who fails to bring any conflict, ambiguity or discrepancy to the attention of the Engineer of which it was or should have been aware, shall assu:,se the risk of loss aris- ing out of any such conflict, ambiguity, or discrepancy. 4.4 ADDITIONAL INSTRUCTIONS Further or additional instructions may be issued by �- ",igineer during the progress of the Work by the use of Drawings or other a,4 to clarify the intent of the Contract Documents or to explain or illu� ite Changes in the Work or Field Orders. 4.5 DRAWINGS AND SPECIFICATIONS AT JOB SITE. Contractor shall keep one record copy of all Specifications, Drawings, Addends, Modifir•stions , Shop Drawings and samples at the site, in good order and annotated to show all changes made during the construction process. These 1 /RS - 8Stl5b Copyright 198` Bonestroo, Rosene, Anderlik 6 AgsocistP4, Inc. i� shall be Available to Engineer for examination and shall he delivered to Engi- neer for Owner upon completion of the Work. 4.6 OWNERSHIP OF DRAWINGS AND SPECIFICATION AND REUSE All original Drawings and Specifications and other data furnished by the Engi- neer are and shall remain his property. Copies thereof w-ll be furnished to Owner and are to be used onl1i with respect to this Project and are not to be used on any other project or extensions of this Project without the prior written consent of Engineer. Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project are not to be construed as publication in derogation of the Engineer's common law copyright or other reserved rights. 4.7 DIMENSIONS Figured dimensions on the plans will he used in preference to scaling the Drawings. Any conflicts, ambiguity, or discrepancy, shall be immediately brought to the attention of the Engineer before proceeding with the affected Work. Contractor shall assume the risk of loss for failure to bring to the attention of the Engineer such conflict, ambiguity, or discrepancy. SECTION 5 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE. POINTS 5.1 AVAILABILITY OF LANDSY 5.1.1 Owner shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, righta-of-way for access thereto, and such other lands which are designated for the use of Contractor. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by Owner, unless otherwise provided in the Contract Documents. 5.1.2 Contractor shall, at his expense, provide for a'1 additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Contractor shall confine his machinery and equipment, storage of materials and operation of workmen to those areas described in the Contract Documents and such additional areas which he may provide at his expense. 5.2 PRIVATE PROPERTY The Contractor shall not enter upon private property nor any purpose without obtaining written permission from the owner thereof, and he shall be relpon- sibie for the, preservation of al? property, trees, monuments, etc., along and adjacent to the street and/or right-of-way, and shall use every precaution 1 /85 - m5h Copyr+ght 1985 Bnnestroo, Roaene, Anderlik & A1snrlateq, [nr. necessary to prevent damage or injury tho•reto. He shall , 'ect carefully from disturbance or damage all monuments and property markers ; l an author- ized agent has witnessed or otherwise referenced their location and shall not remove them until directed. 5.3 SURVEYS Unless otherwise specified, the Owner shall establish all base lines for the location of the principal component parts of the Work together with a suitable number of bench marks adjacent to the Work. Based c+pon the information pro- vided by the Owner, the Contractor shall develop and make all detail surveys necessary for construction, including batter boards, stakes for pile locations and other working points, lines and elevations. The Contractor shall be re- sponsible for carefully preserving bench marks, reference points and stakes, and, in the case of destruction thereof resulting from his negligence or otherwise, the Contractor shall be charged with the expense and damage result- ing therefrom and shall he responsible for any mistakes that may be caused by the unnecessary loss or disturbance of such bench marks, reference points and stakes. 5.4 UTILITIES The contractor shall be solely responsible for verifying the exact location of all utilities, whether or not shown on the Drawings or referenced in the Spec- ifications. Prior to the start of env construction, the Contractor shall notify all utility companies having utilities in the Project area. The Con- tractor shall have sole responsibility for providing temporary support and for protecting and maintaining all existing utilities in tt:e Project area during the entire period of construction, including but not limited to the period of excavation, ha kfill and compaction. in carrying out this responsibility, the Contractor shall exercise particular cart-, whenever gas mains or other utility lines are .rossed, to provide compacted backfill or ether stable support for such lines to prevent any detrimental displacement, rupture or other failure. 5.5 INVESTIGATIONS Reference is made to the Contract Documents for identification of those re- ports of investigations and testa of subsurface or ]at,-nt physical conditions at the site or otherwise affecting cost, progress or r-rformance of the Work which have been relied upon by Engineer in preparation of the Drawings and Specifications. Such reports or tests are not guaranteed as to accuracy or completeness and if incorporated into the Contract Documents, they shall be for general information only. Contractor shall be rerponsible for verifying site and subsurface conditions to his satisfaction prior to submitting a bid on the project. 5.6 UNFORESEEN PHYtiICAL CONDITIONS Contractor shall immediately notify Owner an surface or latent physical conditions at the differing ma*prially from those indicated or - 1? •- 1/85 - H`il15h :opyright 1985 Bonestroo, Rosenp, Anderlik 6 AsoociatNm, Inc. d Engineer in writing of any sub - site or �-, au existing structure refer ed ,ci in the contract Ducu- •. s. ments. Rngineer will promptly review those conditions and advise Owner in writing if further investigati(in or tests are necessary. Promptly thereafter, Owner shall obtain the necessary , itionai investigations and testa and fur- nish copies to Engineer and Contra,.;ar. If Engineer finds that the results of such investigations or tests indicate that there are subsurface or latent }physical conditions which differ materially from those intended in the Con- tract Documents, and which could not reasonably have been anticipated by Con- tractor, a Change Order shall be issued incorporating the necessary revisions. 1 SECTION 6 INSURANCE, AND BONDS, LEGAL RESPONSIBILITY AND P►tBILIC SAFETY 6.1 INSI!RANCF. 6.1.1 General: The Contractor shall not commence work under this contract until he has obtained all insurance required under this Section and shall have filed the certificate 9f insurance or the certified copy of the insurance policy with the Owner and Engineer. The Contractor shall not allow any Sub- contractor to commence work on his subcontract until all insurance required for the Subcontractor has been obtained. Each insurance policy shall contain a clause providing that it shall not be cancelled by the insurance company without thirty (30) days written notice to the Owner and Engineer of intent to cancel. Certificates of insurance shall he submitted on Standard Form C.I.Ii.C.-701 or ACORD 25 forms and shall specifically note the clause providing for 30 day written notice to the Owner and Engineer of intent to cancel. • 6.1.2 Workmen's Compensation _&_Employer Liability Insurance: The Contractor shall secure and maintgi,. during the life of this Contract, Workman's Compen- sation and Fmplover's Liability Insurance as requirt-' by law for ell his employees to he engaged directly or indirectly in rig work on the project ! under this Contract. In case any work is sublet, the 4 tntractor shall require the Subcon+-nctur to similarly provide Workmen's Componsation and Futployer's !► Liability Insurance for all the latter's employees to oe engaged directly or indirectly in such work. The Contractor shall also maintain insurance re- quired under Any other. Employee Benefit Acts in force or required by law at the site of construction. 1� N 6.1.1 Contractor Comprehensive ;.,eneral & Automobile 1.iabi1ity: The Confrac- tor shall procure and maintain during the life of this Contract,^.ontra^tor's 1 Comprehensive General and Automobile Liability In9arrr:e which s!iall protect » him from claims for damages for personal injury, inc'z,ding accidental death, as w=-Il as From claims for property damage which ma, arise from ,.aerations f under this ontract, whether such operations he by ^imaelf or by any Sub- » i,m1rac'(jt or by Anyone directly or indirectly empt=eyed by either of them. The insuranrt, ;hall be in am.�unts listed below and shall provide :Overage +rrir-r t',e lid l wink !iazerd 1 - 13 - 1/RS - 8505b Copvright 198S OnnOetroo, Roseno, 4n4o,lil 4 AAwociates, Inc. 1. Operations of Contractor 2. Operations of Subcontractor (Contingent) 3. Products, including completed operationA. This insurance is to be carried for a period of one year after completion or acceptance of the work. 4. Contractural. Liability (See Section 6.1.5) 5. Property Damage 6. Broad Form Property Damage 7. All Owned, Non -Owned and Hired Vehicles Minirnim Limits - General liability 1. Bodily injury ?. Property damage Minimum Limits - Automobile Liability 1. Bodily injury 2. Property damage $500,000.00 each occurrence $500,000.00 completed operations $100,000.00 each occurrence $200,000.00 aggregate $250,000.00 each person $500,000.00 each occurrence $100,000.00 each occurrence $200,000.00 aggregate Tt is required that basic exclusions for damage caused by explosion, collapse and damage to underground facilities, comtnonly known as X, C, U exclusions, be removed from the policies and so indicated as covered in the declaration and on certificates of insurance. This provision of the Conditions of the Con- tract will be waived on above ground projects where hazards of explosion and/or collapse do not exist. The exclusior• of explosion will be allowed on underground projects where blasting is not required. r• r. In addition to all of the listed coverages, the Con ractor shall procure and maintain an Umbrella F•xcess Liability Policy in a minimum limit of $1,000,000.00. Any umbrella Excess Liability polio in .xcess of $1,000,000 may he utilized to meet the above listed basic coverapo-s. 6.1.4 Builder's Risk Insurance: Before corameacemeyt of the Work, the Con- tractor shall provide Ruilder'a Risk Insurance• on a mriltiple peril form in the full amount of the total construction and material contract. Stich insurance shall contain an api,roptlate rider to include as A_litional Named Insureds, .• the Owner, the Engineer and his consultants, and each of their officers, employees anti agents, all subcontractors, the equipment contractors and all of their subcontractors on the construction premises. Ruch insurance. may have a .. deductible clause but the deductible amount shall be borne by the Contractor and shall not exceed $1,000.M . The guilder's Risk Insurance required herein shall apply to projects involving construction of structures And building only. The requirements of this sec- tion shall he waived on projects involving only underground utili+ie�. grad- 1 ; Eli - A505b ''opvright 19AS Ronesttoo , Roopne, Ande•rtsk 4 AsRoc.iates, Inc. on sk_ ing, street improvements and similar construction work, but any damage or loss to property ahall he the sole responsibility of the Contractor until final acceptance of the Work. r If the Owner finds it necessary to occupy or use a portion or portions of the Work prior to substantial completion thereof, such occupancy shall not com- rn mence prior to a time mutually agreed to by the Owner and Contractor and to I which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. This insurance shall not M be cancelled or lapsed on account of such partial occupancy. Consent of the Contractor and of the insurance company or companies to such occupancy or use 4 shall not be unreasonably withheld. N The Owner and Contractor waive all rights against each other and the Sub- contractors and their agents and employees and against the Engineer and sepa- rate contractors (if any) and their subcontractors' agents and employees, for damages caused by fire or other perils to the extent covered by insurance pro- vided under this section or any other property insurance applicable to the work. 6.1.5 Contractural Liability Insurance: To the fullest extent permitted by law, the ^ontractor shall indemnifv and hold harmless the Owner and the Engi- neer and their agents and employees from and against all claims, damages, M losses and expenses, including but not limited to attorneys' fees arising ont of or resulting from the performance of Work provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other PI Pi than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or :mission of the contrac- tor, any Subcontractor, anyone directly or indirectly c-oployed by any of them or anyone for whose acts any of them may he liable, regardless of whether or be not it is caused in part by a party indemnified hereuider. Such obligation shall not he construed to negate, abridge or otherwise. reduce any other right to or obligation of indemnity which would otherwise exist as to any party or Of persoi descrihed in this Section. In any and all claims against the Owner or the fngineei or any of their agents 4 or employees by anv omplovee of the Contractor, an, Subcontractor, anyone R+ directly or indirectly employed by any of them or anyo- for whose acts any sf them may be liehle, the indemnification obligation tiler this Section shall t not be limited in any way by any limitation on the smo:,nt or type of damages, to compensation or benefits ;sayable by or for the Contractor or anv Subcontr*ctor +ender worker's or workmen's compensation sctK disa0ility benefit acts or I other employee benefit acts. M h.l .h Minimum _ In_surance Rpqt`.irements_ l.ossev other than those coveted by insurance shall be the sole responsibility if the fontractorsrlf ins�ran.e 1 requirements as set forth herein shall be rknrtdere4 to he. minisnim regtsire- r ments only. Any other insurance that may !.t• neces ry to provide adequate coverage must be provided 'sv the Contractors and sh.a:l he their sole respon- + sihility. { JM5 - HSOSb t'op�right 19h's Roneat ton, R�,4pne, Ar.derl ik h Associates, {n.:. 6.1.7 Roi ter Insu_rancP: If a permanent boiler is to he installed as part of the project, the Owner -will be responsible for maintaining all boiler and machinery coverage. This coverage will be pared in effect when the equipment is ready for inspection and operation. This coverage shall include the i.n- terests of the Owner, the: Contractor, Subcontractors an,1 Sub -subcontractors. 6.2 PERFORMANCE. AND CYPHER BONDS .. . 6.2.1 "ontractor Shall furnish Performance and vayment Bonds, each in an amount at least equal to the Contract Price .-.s security for the faithful per- formance and payment of all Contractor's obligations under the. Contract Docu- ments . These Rontis sha I 1 remai a in of f,-ct at least tint i 1 one year of ter the date of final pa�,mtn, , except As otherwise provided by law. Contractor shall also furnish such otlie Bonds as are required by the Contract Documents. All Bonds shall he it th,- forms prescribed by the Contract Documents and be exe- cuted by ouch Sureties as (Al are licensed to conduct business in the state where the Project is located, and (B) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Roads and as Acceptable Reinsuring Compnnies" as published in Circular 570 (amended) by the Audit Staff Bureau of Arcounts, U.S. Treasury Department. All Bonds signed by an agent mast be accompanied by a certified c,)py of the authority to act. 6.2.2 If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insol, of or its right to Jo business is termirated in any state where any part o. the Project is located or it ceases to meet the requirements of clauses fA) and (Bl of Paragraph 6.2.1, Contractor shall within five days thereafter substitutes. another Bond and Surety, both of which shAll he accept- able to Owner. 6.3 PATENTS, FEES AND ROYAi,TIES Contractor shall pay all license fees and royalties and assume al! cnst'a incident to the use in the performance of the Work of :,ny invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a parriculAr invention, design, pt,.ess, product or device is speci:ied in the Contract. Documents for ust, in the-,erformance of the Work and it to the actual knowledge of r'wner or Fnginter is use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the Nxistence of such rights shall be disclosed by (honer in the Contract Documents. Contractor shall indemnify and hold harmless Owner and Fngineer and anyone directly or indirectly employeA by either of them from and against all claims, damages, lt)ssesa and expenties (including attorneys" feesl arising out of any infringement of patent rights it copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Wnrk of any invention, .iesipn. process, product tr device not specified in the Contract Documents, and shall defend all such ,-iitms in ronne..�ion with any Alleged infringemi-it of such rights. 1 /8S - llSnieh Copyright 1Q85 Ronatatroo, Rosene, AnderliM 6 Associates, Inc 6.4 PERMITS AND LICENSES All permits an-1 licenses necessary for the prosecution of the Work shall be secured by the Contractor prior to the commencement of the Work. Contractor shall also pay all public utility charges, governmental charges and inspection fees. 6.5 LAWS, REGULATIONS AND SAFETY 6.5.1 Contractor shall give all notices and comply with all laws, ordi- nances, rules and regulations applicable to the Work. If Contractor ob- serves that the Specifications or Drawings are at variance therewith, he shall give Engineer prompt written notice thereof, and any necessary changes shall he adjusted by an appropriate Change Order or other Modification. If Contrac- tor performs any Work knowing or being in a position to know it to be contrary i► to such laws, ordinances, rules and regulations, and without such notice to Engineer, he shall bear all costs arising therefrom; however, it shall not be his primary responsibility to make certain that the Specifications and Draw- ings are in accordance with such laws, ordinances, rules and regulations. 6.5.2 Contractor shall be responsible for initiating, maintaining and super- vising all safety precautions and programs in connection with the Wo_ . He shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: (a) all employees on the Work and other persons who may be affected thereby; (b) all the Work and all materials or equipment to be incorporated there- in, whether in storage on or off the site; and (c) other property at the site or adjacent thereto, including trees, 1! shrubs, lawns, walks, pavements, roadways, structures and utilities not desig- nated for removal, relocation or replacement in the course of construction. 1� �* 6.5., Contractor shall comply with all ap-'icable laws, ordinances, rules, regulations and orders of any pubic body l._-A ng jurisdiction for the safety It of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for its safety and protection. He shall notify corners of adjacent utilities when prosecution of the Work may affect them. t' All damage, injury or loss to any property referred to in Section 6.5.2(b) and r� (c) caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor or any directly or indirectly employed by any of them . anyone for whose acts any of them may be liable, shall be remedied „ Contractor. Contractor's duties and responsibilities for the safety and p ection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor that Wozk is acceptable. I� - 1? 1/85 - 850511 copyright I985 Bonestroo, Romene, Anderlik 4 Associatex, Inc. 6.5.4 Contractor shall designate a responsible member of his organization at ' the site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Con- tractor to Owner. 6.5.5 Contractor agrees to indemnify the Owner and Engineer and their agents and employees against all claims, demands, losses, damages and expenses (in- cluding attorneys' fees) arising out of or resulting from the contractor's violation of any safety law, regulation or code (including without limitation OSHA) or any other prudent precaution. 6.6 WARNING SIGNS At0 BARRICADES The Contractor shall provide adequate signs, barricades, colored lights and/or watchmen and take all necessary precautions for the protection of the Work and the safety of the public. All barricades and obstructions shall be protected at night by colored signal lights which shall be kept in operation from sunset to sunrise. SECTION 7 ENGINEER -OWNER -CONTRACTOR RELATIONS; ARBITRATION: INDEMNIFICATION 7.1 ENGINEER'S STATUS AND AUTHORITY 7.1.1 Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as owner's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of Owner and Engi- neer. 7.1.2 Engineer will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer is not required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of such visits and on -site observations, Engineer 4 will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defects and deficiencies in the Work. 7.1.3 If Owner and Engineer agree, Engineer will furnish a resident project •' representative to assist Engineer in observing the performance of the Work. The Resident Project Representative shall work under the authority and direc- tion of the Engineer. The duties and responsibilities of the Resident Project Representative shall not exceed those duties and responsibilities of the Engi- neer as set forth in the Contract. It stall be to the discretion of the Engi- neer to delegate to the Resident Project Representative those duties and tasks that are within the authority of the Engineer perform. In general, the 1/B5 - 8505b (":opyright 1985 Bonestroo, Rosene, Anderlik 6 Associates, Inc. r rduties of the Resident Project Representative may consist of, but shall not be limited to, the following: C 1. General contract administration 2. Periodic observation of the Work 3. Unit price quantity and record plan measurements 4. Schedule, perform and verify tests and inspections 5. Monitor Contractor's progress performance r, 6. Provide information for the Engineer's review and decision concerning disputes and defective Work. 7.1.4 Engineer will issue with reasonable promptness such written clarifica- tions or interpretations of the Contract Documents (in the form of Drawings or otherwise) as Engineer may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If Contractor believes that a written clarification or interpretation justifies an increase in the Contract Price or Contract Time, Contractor may make a claim therefor as provided in Section 10 or Section 11. 7.1.5 Engineer will have authority to disapprove or reject Work which is defective, and will also have authority to require special inspection or test- ing of the Work as provided in Paragraph 8.10, whether or not the Work is fabricated, installed or completed. The Engineer shall not have charge of or control over the Work and shall have no authority to stop the Work. 7.1.6 Neither Engineer's authority to act under this Section 7 or elsewhere in the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of Engineer to Contractor, any Subcontractor, any manufac- turer, fabricator, supplier or distributor, or any of their gents or employ- a ees or any other person performing any of the Work. 7.1.7 If a Resident Project Representative is assigned to the project, the purpose of his efforts shall be to provide a greater degree of assurance to the Owner that the Work is constructed in conformance to the requirements of the Contract. The Resident Project Representative's efforts are for the bene- fit of the Owner alone. Neither his authority to act nor his decision to exercise or not exercise such authority shall give rise to any duty or respon- sibility to the Contractor, any subcontractor, any manufacturer, fabricator, supplier or distributor, or any of their agents or employees or any other per- son performing any of the Work. The Resident Project Representatives author- ity shall not exceed limitations on Engineer's authority as set forth in the Contract Documents nor shall the Resident Project Representative undertake any of the responsibilities of Contractor, Subcontractors, or Contractor's Super- intendent. 7.1.8 Whenever in the Contract Documents the terms "as ordered", "as direc- ted", "as required", "as allowed", or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper", or "satis- factory", or adjectives of like effect or import are used to describe require- ,r-nts, direction, review or judgment of Engineer as to the Work, it is in - ended that such requirements, direction, review or judgment will be solely to - 1Q - 1/R5 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik 6 Associates, Inc. evaluate the Work for compliance with the Contract Documents. The use of any such term or adjective never indicates that Engineer shall have authority to supervise or direct performance of the Work or authority to undertake respon- sibility contrary to the provisions of Paragraphs 7.1.9 or 7.1.10. 7.1.9 Engineer will not be responsible for Contractor's means, methods, tech- niques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and Engineer will not be responsible for contrac- tor's failure to perform the Work in accordance with the Contract Documents. 7.1.10 Engineer will not be responsible for the acts or omissions of Contrac- tor or of any Subcontractors, or of the agents or employees of any Contractor or Subcontractor, or of any other persons at the site of otherwise performing any of the Work. 7.2. CONTRACTOR'S RF.SPONSIHILTTIES 7.2.1. The Contractor shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the Con- tract Documents. The Contractor shall be solely responsible for the means, methods, techniques, quality of workmanship, sequences and procedures of con- struction. The Contractor shall be responsible to see that the finished work complies accurately with the Contract Documenta. A competent superintendent, who is acceptable to the Owner, shall be main- tained on the Work site and give efficient supervision to the Work until its completion. The superintendent shall have full authority to act on behalf of the Contractor, and all communications given to the superintendent shall be as binding as if given to the Contractor. It shall be the responsibility of the Contractor's superintendent to coordinate the work of all the Subcontractors. When required, the superintendent shall be present on the site to perform adequate supervision and coordination. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good discipline and order at the site. ' The Contractor shall at all times be i,onsible for the conduct and discip- line of his employees and/or any Subcc. :-actors. All workmen must have suf- ficient knowled`e, skill and experience to perform properly the work assigned to them. Any foreman and workman employed by the Contractor or Subcontractor who does not perform his work in a skillful manner, or appears to be incompe- tent or to act in a disorderly or intemperate manner shall be removed immed- iately and sha:l not be employed again in any portion of the Work. 7.2.2. The Contractor's duties with respect to materials, equipment, inspec- tion and workmanship are set forth in Section 8. 20 1/95 - 8505b Copyright 1985 Ronestroo, Rosene, Andorlik 6 Arisoc.iares, Inc. 7.2.3. The Contractor's duties with respect to progress of the work are set forth in Section 3, paragraphs 3.6, 3.7, 3.8 and 3.9. 7.2.4. The Contractor' duties with respect to insurance and bonds, legal responsibility and safety are set forth in Section 6. a A 7.3. OWNER'S RESPONSIBILITIES ( 7.3.1. The Owner shall issue all communications to the Contractor through the a Engineer. 7.3.2. The Owner shall furnish the data required of the Owner under the Con- tract Documents promptiv and shall make payments as provided to the Contractor promptly after they are due. 7.3.3. The Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraph 5.1 and 5.3. The Owner shall make available to the Contractor copies of reports of investigations and tests of subsurface and latent physi- cal conditions at the site or otherwise affecting performance of the work which have been relied upon by the Engineer in preparing the drawings and specifications. Such reports are not guaranteed as to accuracy or complete- ness and are not part of the Contract Documents. 7.3.4. In connection with the Owner's rights to request changes in the work in accordance with Section 10, the Owner (especially in certain instances as provided in paragraph 10.4) is obligated to execute Change Orders. 7.3.5. The Owner's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 8.10.2. !• 7.3.6. In connection with Owner's right to stop work or suspend work, see paragraphs 8.17 and 12.1. Paragraph 12.2 deals with the Owner's right to terminate services of the Contractor under certain circumstances. t+ 7.4 ASSIGNME.NT OF CONTRACT The Contractor shall neither sublet, sell, transfer, assign or otherwise dis- pose of the Contract or any portion thereof, or of his right, title or inter- ns est therein, or his obligations thereunder, nor, if this Contractor is a cor- porate entity, sublet, sell, transfer or assign a majority of the outstanding 1 shares of stock in the corporation, without prior written consent of the r Owner. In case written consent is given, the Contractor will be permitted to sublet a portion of the contract or corporate stock thereof, but shall per - it form, with his own organization, Work amounting to not less than 50 percent of the total original contract price. No subcontracts or transfer of contract or to corporate stock %hall release the Contractor of his liability under the Con- tract or Bonds. of to - 21 - 1 /85 - 9505h copyright 1995 Ronestroo, Rose ne, Anderlik 7.5 RIGHTS OF VARIOUS INTERESTS Wherever Work being done by the Owner's forces or by other Contractors is con- tiguous to Work covered by this Contract, the respective rights of the various interests involved shall be established by agreement to secure the completion ^ of the various portions of the Work in general harmony. 7.6 SEPARATE CONTRACTS The Owner may let other contracts in connection with the Work of the Contrac- tor. The Contractor shall cooperate with other Contractors with regard to storage of materials and execution of their Work. It shall be the Contrac- tor's responsibility to inspect all work by other Contractors affecting his Work and to report to the Engineer any irregularities which will not permit him to commence or complete his work in a satisfactory manner. His failure to notify the Engineer of such irregularities shall indicate the work of other Contractors has been satisfactorily completed to receive his Work. The Con- tractor shall not be responsible for defects of which he could not have known through reasonable inspection thereof, which develop in the Work of others after the Work is completed. It shall be the responsibility of the Contractor to measure the completed work in place and report to the Engineer immediately any difference between completed work by others and the Drawings. 7.7 SUBCONTRACTS w-. Nothing herein shall create any legal relationship between the Owner or Engi- neer and any subcontractor, and no subcontractor shall have any rights under this Contractor's agreement with the Owner. The Contractor's award of sub- contracts shall be subject to the following: a� 7.7.1 Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the Work. Subcontrac- tors may not be changed except at the request or with the consent of the Owner. Contractor shall not employ any Subcontractor or other person or organization (including those who are to furnish the principal items of mater- ials or equipment), whether initially or as a substitute against whom Owner or •� Engineer may have reasonable objection. A Subcontractor or other person or organization identified in writing to Owner and Engineer by Contractor prior to the Notice of Award and not objected to in writing by Owner or Engineer prior to the Notice of Award will be deemed acceptable to Owner and Engineer. Acceptance of any Subcontractor, other person or organization by Owner or Engineer shall not constitute a waiver of any right of Owner or Engineer to reject defective Work. If Owner or Engineer after due investigation has reasonable objection to any Subcontractor, other person or organization pro- posed by Contractor after the Notice of Award, Contractor shall submit another acceptable Subcontractor at no change in the Contract Price. Contractor shall not be required to emplov any Subcontractor, other person or organization against whom Contractor has reasonable ohiection. 1/85 - v,05h ropvright 144'• Bones troo, Roseno, Arid erIik A Amsoclatem. Inc. F0 7.7.2 Contractor That. he fully responsible for all acts and omissions of his A Subcontractors and of persons and organizations directly or indirectly I employed by them anA of persons and organizations for whose acts any of them may be liable to the .;dme extent that Contractor is responsible for the acts A and omissions of persons directly employed by Contractor. Nothing in the Con- tract Documents shall create any contractual relationship between Owner or Engineer and any Subcontractor or other person or organization having a direct A contract with Contractor, nor shall it create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any Sub- contractor or other person or organization, except as may otherwise be re- quired by law. Owner or Engineer may furnish to any Subcontractor or other R person or organization, to the extent practicable, evidence of amounts paid to 1 Contractor on account of specific Work done. 7.7.3 The divisions and sections of the Specifications and the identifica- tions of anv Drawings shall not control Contractor in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade. 7.7.4 All Work performed for Contractor by a Subcontractor will be pursuant to an appropriate agreement between Contractor and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer and contains waiver provisions as required by paragraph 6.1.4. Contractor shall pay each Subcontractor a juet share of any insurance moneys received by Contractor on account of losses under policies issued pursuant to paragraph 6.1.4. 7.8 ORAL AGREEMENTS �r • No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Con- tract Documents, and none of the arovisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a is definitely agreed upon waiver or modification thereof in writing, and no evi- to* dence shall be introduced in any proceeding of any other waiver or modifica- tion. It 7.9 NONDISCRIMINATION IN EMPLOYMENT be For Work under these Contract Documents, the Contractor agrees: I (a) That in the hiring of common or skilled labor for the performance of be any work under this Contract or any subcontract hereunder, no contractor, material supplier or vendor shall, by reason of race, creed, color or national I origin, discriminate against the person or persons who are qualified and available to perform the Work to which such employment relates; (h) That no Contractor, material supplier or vendor shall, in any manner, discriminate against or intimidate or prevent the employment of any person or persons, or on being hired, prevent or conspire to prevent any person or per- sons from the performance of the Work nndvr this Contract on account of race, 1 creed, color or national origin. M (c) Violation of this section shal! he eause for cancellation or termina- tion of the Agreement between Owner and Contractor. 1 /85 - 950Sh Copvright I99°, Ronestroo, Roseno, An,1er1 tl - -----.-.-.. I.... 7.10 DECISIONS ON DISACREEMEN'rS 7.10.1 Claims, disputes, disagreements, or other matters in question between the Contractor and the Owner relating to the execution or progress of the Work or the interpretation of the Contract Documents shall be referred initially to the Engineer for decision which he will reu:ler in writing within a reasonable time. 7.10.2 Any claim, dispute, disagreement or other matter that has been referred to the Engineer, except any which has been waived by the making or acceptance of final payment, shall he subject to arbitration under Paragraph 7.11 below upon the written demand of either party. However, no demand for arbitration of any such claim, dispute or other matter may be made until the ea•-lier of the date on which the Engineer has rendered his written decision, or the tenth day after the parties have presented their evidence to the Engineer or have been given a reasonable opportunity to do so, if the Engineer has not rendered his written decision by that date. 7.10.1 If a decision of the Engineer is made in writing and states that it is final but subject to appeal, no demand for arbitration of a claim, dispute or other matter covered by such decision may be made later than thirty days after the date on which the party making the demand received the decision. The failure to demand arbitration within said thirty days' period will result in the Engineer's decision becoming final and hinding upon the Owner and the Con- tractor. If the Engineer renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede any arbitration proceedings unless the decision is acceptable to the parties concerned. 7.11 ARRl'rRATION 7.11.1 All claims, disputes and other matters in question arising out of, or relating to, the Contract Documents or the breach thereof, except for claims which have been waived by the making or acceptance of final payment, or barred by failure to demand arbitration within the time limits specified, shall be decided by arbitration in accordance with the Construction Industry Arbitra- tion Rules of the American Arbitration Association then obtaining unless the •' parties mutually agree otherwise. Prearbitration discovery shall be conducted in accordance with Rules 26 through 37 of the Federal Rules of Civil Pro- cedure. No arbitration relating to the Contract Documents shall include by consolidation, joinder or otherwise, any person or entity (including the Engineer), not a party to this Agreement with,lut the written consent of such other person or entity. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the " arbitrators shall be final, and judgment may be entered upon it in accordance with applicable lnw in env court having Jurisdi<.:tion. .a 7.11.2 Noti,-e of thv +,>mand for arhitrntinn '!all he filed in writing with the other tarty t�i r', ,ntrat, t rn-i with thy• V c irbiItat ion Association, an'1 a upv 01 ,' . i ' wi th the ►: �, i r, nd tor arhi[rat tun shall 1 /R5 ropyr t ith t PO4 Bonatit too, Rnsene, Anklerl i t L� be made within the time limits specified and in all other cases within a rea- sonable time after the claim, dispute or other matter in question has arisen, and in no evert shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in ques- tion would be barred by the applicable statcite of limitations. 7.11.3 The Contractor shall carry on the Work and maintain the progress schedule during any arbitration or other legal proceedings, unless otherwise agreed by him and the Owner in writing. 7.12 INDEMNIFICATION To the ful1e9t extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses, including but not lira- ' ited to attorneys' fees arising out of or resulting from the performance of Work provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or in- directly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemni- fied hereunder. Such obligation shall not he construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would other- wise exist as to any party or person described in this Section. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under worker's or workmen's compensation acts, disability benefit act@ or other employee benefit acts. SECTION A MATF.RIALSL EQIIIPMFNT, INSPECTION AND WORKMANSHIP 8.1 MATERIALS AND EOUTPMENT FURNISHED BY CONTRACTOR 8.1.1 Contractor shall furnish all materials, equipment, labor, transpor- tation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals n-cessary for the execution, tasting, initial operation and completion of the Work. L 9.1.2 All materials used in the Work shall he (if Rood quality, new unless otherwise provided for in the Contract nocuments, shall meet the regiiire- t Copyright 199 Ponestron, Rosen.-, Anderlik 6 Assn>ciatos, Inc. ments of the Specifications, and t,hall not he incorporated into the Work until » reviewed by the Engineer. [f required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. R.1.3 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier or distributor, except as W, otherwise provided in the Contract Documents. 8.2 F.UUTVALFNT MATERIALS AND EQUIPMENT Whenever materials or equipment are specified or described in the Drawings or Specifications by using the name of a proprietary item or the name of a par- ticular manufacturer, fabricator, supplier or distributor, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other manufacturers, fabricators, suppliers or dis- tributors may be accepted by Engineer if sufficient information is submitted by Contractor to allow Engineer to determine that the material or equipment proposed is equivalent to that named. The procedure for review by Engineer will be as set forth in paragraphs 8.2.1 and 8.2.2 below as supplemented in the General and Specific Requirements. 8.2.1 Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than Contractor. Tf Contractor wishes to furnish or use a substitute item of material or equipment Contractor shall make written application to Engineer for acceptance thereof, certifying that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the came use and capable of performing the same function as that specified. The application will state whether or not acceptance of the sub- stitute for use in the Work will require a change in the Drawings or Specifi- cations to adapt the design to the substitute and whether or not incorporation or use of the substitute in connection the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available mainte- nance, repair and replacement service will be indicated. nee application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by Engineer in evaluating the proposed substitute. Engi- neer may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. Engineer will be the sole judge of acceptabil- ity, and no substitute will he ordered or installed without Engineer's prior written Acceptance. Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. 1 !A5 - R`�ft5h �npvright 19A5 Nonestroo, Rosene, An4erlik L Asenciateta_ Tne. r 8.2.2 Engineer will record time required by Engineer and Engineer's con- sultants in evaluating substitutions proposed by Contractor and in making changes in the Drawings or Specifications occasioned thereby. Whether or not Engineer accepts a proposed substitute, Contractor shall reimburse Owner for the charges of Engineer and Engineer's consultants for evaluating any proposed substitute. 8.3 MATERIALS FIIRNISNED BY OWNER 8.3.1 Materials specifically indicated shall be furnished by the Owner. Be- fore incorporating any of the materials into the Work, the Contractor shall inspect the materials so furnished by the Owner. If. the Contractor discovers �s any patent defects in material furnished by the Owner, he shall notify the Engineer. 8.1.2 Unless otherwise noted or specifically stated, materials furnished by t the Owner are considered to be f.o.b. the nearest railroad station or truck line. The Contractor shall transport the materials to the job site, unload and properly protect all such materials from damage or loss. The Contractor shall he responsible for material loss or damage after receipt of materials at the point of delivery. 8.4 STORAGE. OF MATERIALS Materials shall be so stored by the Contractor as to insure the preservation of their quality and fitness for the Work. When considered necessary, they I� shall he placed on wooden platforms or other hard, clean surfaces, and/or they shall be placed under cover and not on the ground. Stored materials shall be located so as to facilitate prompt inspection. Private property shall not be • used for storage purposes without the written permission :if the Owner or les- see thereof. 8.5 SAMPLES ks All samples called for in tho Specifications or required by the Engineer shall F i be furnished by the Contractor and shall be submitted to the Engineer for his b+ review. Samples shall be furnished so as not to delay the commencement or completion of the Project. The Contractor shall furnish such samples of mate- rial as may be required for examination and testing. All materials and work- manship shall be in accordance with approved samples. All samples of mate- rials for tests shall he taken according to methods provided for in the i; Specifications. 8.6 FURNISHING OF PRODUCT DATA i' Product Data are illustrations, standard scheiules, performance charts, in- structions, brochures, diagrams and other information furnished by the Con- tractor to illustrate a material, product or system for some portion of the Work. r 1 /8S - 850"t, ropyriRht 149'. Soneetroo, Rosene, Anderlik i Associates, Inc. 8.6.1 The Contractor shall furnish one copy, or stich additional copies as may be required by the Special Provisions, of complete Product Data for every manufacturered item of equipment and all components to be used in the Work, including specific performance data, material description, rating, capacity, working pressure, material gage or thickness, brand name, catalog number and general type. 8.6.2 This data shall be compiled by the Contractor and reviewed by the Engi- neer before any of the equipment is ordered. 8.6.3 All data shall he indexed according to specification section and para- graph for easy reference. 8.6.4 After review, this data shall become a part of the Contract, and may not be deviated from except upon written approval of the Engineer. 8.6.5 Product Data for equipment reviewed by the Fngineer does not in any case supersede the Contract Documents. The review by the Engineer shall not relieve the Contractor from responsibility for deviations from Drawings or Specifications unless he has in writing called the Engineer's attention to such deviations at the time of furnishing said data. Nor shall such review relieve the Contractor from responsibility for errors of any sort in the items furnished. The Contractor shall check the Work described by the Product Data with the Contract Documents for deviations and errors. 8.6.6 It shall be the responsibility of the Contractor to insure that items to be furnished fit the space available. He shall make necessary field measurements to ascertain space requirements, including those for connections, and shall order such sizes and shapes or equipment that the final installation shall suit the intent and meaning of the Drawings and Specifications. 8.6.7 Where equipment requiring different arrargement of connections from those shown is allowed, it shall hP the responsibility of the Contractor to install the equipment so as to allow for proper operation and in harmony with the intent of the Drawings and Specifications, and to make all changes in the work required by the different arrangement of connections. 8.6.8 Product Data shall be promptly submitted by the Contractor after he has reviewed, checked and approved the data to determine if they are in harmony with the requirements of the Project and with the provisions of the Contract . Documents and after he has verified all field measurements and construction riteria, materials, catalog numbers and similar data. In submitting the -)duct Data, the Contractor certifies that the work represented by the data .s been coordinated with tht Contract nocuments and all relevant field condi- ions. 8.7 QIIALITY OF EOPIPMENT AND MATERIALS • A.7.1 in order to e%t.ahligh standards of giality, the Engineer, in the Spec- ifications, has referred to c certain proAticts by narre and catalog number. This F -. I/AS - RSQSh ropy riRht 1' bonewtroo, Rosene, Anderlil A ♦a■nriaraa_ inc. procedure is not to be construed as eliminating from competition other pro- ducts of equal or better quality by other manufacturers where fully suitable in design unless otherwise specifically stated in the Specifications (see Section 8.2 for substitution procedure). If a product referenced by catalogue name or number is no longer available, Contractor shall recotimend to Owner and Engineer another product of comparable quality. 9.7.2 The Contractor shall furnish the complete list of proposed desired sub- stitutions prior to executing the Agreement, together with such engineering and Product Data as the Engineer may require. 8.7.3 The Contractor shall abide by the Engineer's recommendation when pro- posed substitute materials or items of equipment are not recommended for in- stallation an-i shall furnish the specified material or item of equipment in such case. All proposals for substitutions shall be submitted in writing by the General Contractor and not by individual trades or material suppliers. The Engineer will review proposed substitutions and make his recotmendation in writing within a reasonable time. 9.8 SHOP DRAWINGS 8.8.1 The Contractor shall provide Shop Drawings, settings, schedules and such other drawings as may be necessary for the prosecution of the Work in the shop and in the field as required by the Drawings, Specifications or Engi- neer's instructions. Deviations from the Drawings and Specifications shall be called to th attention of the Engineer at the time of the first submission of Shop Drawings and other drawings for approval. The Engineer's review of any drawings shall not release the Contractor from responsibility for such devia- tions. 8.8.2 Shop Drawings shall be promptly submitted by the Contractor after he has reviewed, checked and approved the data to determine that they are in harmony with tiie requirements of the Project and with the provisions of the Contract Documents and afar he has verified all field measurements and con- struction criteria, mat- 9, catalog numbers and similar data. By submit- ting the Shop Drawings, Contractor certifies that the work represented by the Shop Drawings has been coordinated with the Contract Documents and all relevant field conditions. 8.8.3 Shop Drawings shall be submitted according to the following schedule: (a, Not less than three copies or such other number of copies as may be required by the Special Provisions shall be submitted with reasonable prompt- ness and in such sequence as to prevent delay of the Work. (h) The Engineer shall, within fourteen (14) days of the submittal of any Shop Drawings, return ono copy to the Contractor marked with Engineer's com- ments. (c) The ContricLor shall then promptly make any necet-saev corrections or changes to the Shop Drawings to conform to the comments made by the Enginee►. 29 1/85 - 8Sosh Copyright IyRs Bonestroo, Rosene, Andersik _`_AsEacia es. Inc. (d) Following completion of such corrections or changes, the Contractor shall promptly resubmit to the Engineer the required number of copies of the revised Shop Drawings. 8.9.4 Engineer will review with reasonable promptness Shop Drawings and samples, but Engineer's review shall be only for conformance with the design , concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, sequences, tech- niques or proceeures of construction or to safety precautions or programs incident thereto. the review of a separate item as such will not indicate re- view of the assembi' in which the item functions. Contractor shall make any corrections required b• Engineer and shall return the required number of cor- rected copies of Sh wings and resubmit new samples for review. Contrac- tor shall direct s; is attention in writing to revisions other than the corrections called for by Engineer on previous submittals. Contractor's stamp of approval on any Shop Drawing or sample shall constitute a representation to Owner and Engineer that Contractor has either determined and verified all quantities, dimensions, field construction criteria, materials, catalog nuut- bers, and similar data or assumes full responsibility tor doing so, and that Contractor has reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 8.8.5 Where E Shop Drawing or sample is required by the Specifications, no related Work shall be commenced until the submittal has been reviewed by Engineer. 8.8.6 Engineer's review of Shop Drawings or samples shall not relieve Contractor from responsibility for any deviations from the Contract Docu- ments unless Contractor has in writing called Engineer's attention to such deviation at the time or submission and Engineer has given written concur- rence with the specific deviation, nor shall any concurrence by Engineer relieve Contractor from responsibility for errors or omissions in the Shop Drawings. 8.9 ACCESS TO AND OBSERVATION OF WORK 8.9.1 Engineer and Engineer's representatives, other representatives of Owner, testing agencies and governmental agencies with jurisdictional inter- ests will have access to the Work at reasonable times for their observation, inspection and testing. Contractor shall provide proper and safe conditions for such access. 8.9.2 All materials and equipment and ear-h part or detail of the Work shall be subject at all times to observation by the Engineer and the Owner, and the Contractor will be responsible for strict adherence to the intent of the Con- tract Documents in regard to quality of materials, workmanship, and the dili- gent execution of the Work. Stich ohse,rvations may include mill, plant, or shop inspection, and any material furnished under these Specitications is sub- ject to such observation. The Engineer an,i owner shall he allowed access to all parts of the Work and shall he furnishoil with such infirrmstion and assist- ance by the Contrnerot as k rt-qulred t(I MA(P such oh.4ervatiorls. 1/85 - 8505b Copyright 1985 Rene y r r.`.io, Romette Angie r l i k 6 Avstrciates, Inc. I r 8.10 TESTS AND INSPECTIONS 8.10.1 Contractor shall Rive Engineer timely notice of readiness of the Work rfor all required inspections, tests or approval4. 8.10.2 If any law, ordinance, rule, regulation, code, or order of any public body having jurisdiction requires any Work (or part thereof) to specifically be inspected, tested, or approved, Contractor shall assume full responsibility therefor, pav all costs in connection therewith and furnish Engineer the re- quired certificates of inspection, testing or approval. Contractor shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with Owner's or Engineer's acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submit- ted for approval prior to Contractor's purchase thereof for incorporation in 1. the Work. The cost of all other inspections, tests and approvals required by the Contract Documents shall be paid by Owner (rinl.ess otherwise specified). 8.10.3 All inspections, tests or approvals other than those required by law, ordinance, rule, regulation, code or order of any public body having jurisdic- tion shall be performed by organizations selected by or acceptable to Owner or Engineer. 8.10.4 If any Work that is to be inspected, tested or approved is covered without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention p1 to cover such Work and Engineer has not acted with reasonable promptness in response to such notice. Ft. 10.5 Neither observations by Engineer nor inspections, tests or approvals by others shall relieve Contractor from his oblizations to perform the Work in 4'• accordance with the Contract Documents. 8.11 UNCOVERING WORK If any Work is covered contrary to the written request of Engineer, it must, r, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. If Engineer considers it necessary or advisable that kr covered Work be visually examined by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall .incover, expose or otherwise f make available for observation, inspection or testing as Engineer may require, M that portion of. the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective. Contractor shall 1 bear all the expenses of such uncovering, exposure, observation, inspection p and testing and of satisfactory reconstruction, including compensation for additional profesPional servicpa, and an appropriate deductive Change Order shall he issued. If, howevor, such Work is not found to be defective, Cor- tractor shall be allowed an increase in the Contract Price or an extension of In the Contract Time, or bath, directly attributable to such uncovering, expo - I - 31 - ! /85 - 85n5h Copvriuht 148) bonestroo, Roseno, .Anderlik sure, observation, inspection, testing and reconstruction if he makes a claim therefor as provided herein. 8.12 CUTTING AND PATCHING The Contractor shall do all necessary cutting, fixing or patching of the Work that may be required to make its several parts fit together properly, or to properly receive the Work of the various trades, or, as required by the Draw- ings and Specifications, to complete the Work. He shall restore all such cut or patched work as approved by the Engineer. Cutting of existing structure that shall endanger the Work, adjacent property, workmen or the public shall not he done. 8.13 WARRANTY AND GUARANTEE Contractor warrants and guarantees to Owner and Engineer that all Work, in- cluding materials and equipment, will be in accordance with the Contract Docu- ments and will not be faulty or defective. Prompt notice of all defects shall be given to Contractor upon discovery. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in paragraph 8.15 and 8.16. This warranty and guarantee shall be in addition to and not in limitation of any other warranty or guarantee required by law or by these Con- tract Documents, including the provisions of paragraph 8.14. 8.14 ONE YEAR CORRECTION PERIOD If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents or by any specific pro- vision of the Contract Documents, any Work is found to be defective, Contrac- tor shall promptly, without cost to Owner and in accordance with Owner's writ- ten instructions, either correct such defective Work, or, if it has been rejected by Owner, remove it from the site and replace it with nondefective Work. If Contractor does not promptly comply with the terms of such instruc- tions, or in an emergency where delay would cause serious risk of loss or dam- age, Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replace- ment, including compensation for additional professional services, of Engineer or others, shall he paid by Contractor. This obligation shall survive any termination of the Agreement between Owner and Contractor. 8.15 CORRECTION OR REMOVAL OF DEFECTIVE WORK If required by Engineer, Contractor shall promptly, without cost to Owner and as specified by Engineer, either correct any defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by Engi- neer, remove it from the site and replace it with nondefective Work. 1 /85 - 1490'lF, Copyright 1 98 RoneRtroo, Rosene, Anderlik R ARNrlrlatpR. Inc. w i 8.16 ACCEPTANCE OF DEFECTIVE WORK w - - - If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, also w Engineer) prefers to accept it, Owner may do so. In such case, if acceptance f occurs prior to Engineer's recommendation of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Docu- ments, including appropriate reduction in the Contract Price; or, if the acceptance occurs after such recommendation, an appropriate amount shall be paid by Contractor to Owner. M 8.17 OWNER MAY STOP THE WORK If the Work is defective, or Contractor fails to supply sufficient skilled workmen or suitable materials or equipment, Owner may order Contractor to stop f the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor or any other party. 8.18 OWNER MAY CORRECT DEFECTIVE WORK If Contractor fails within a reasonable time after written notice of Engineer to proceed to correct the defective Work or to remove and replace rejected �. Work as required by Engineer in accordance with Paragraph 8.15, or if Contrac- tor fails to perform the Work in accordance with the Contract Documents (in- cluding any requirements of the progress schedule), Owner may, after seven days' written notice to Contractor, and Contractor's Surety, correct and 1� remedy any such deficiency. In exercising its rights under this paragraph, to Owner shall proceed expeditiously. To the extent necessary to complete cor- rective and remedial action, Owner may exclude Contractor from all or part of is the site, take possession of all or part of the Work, and suspenl Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner., Owner's representatives, agents and employees such access to the site as may be necessary_ to enable Owner to exercise its rights under this paragraph. All direct and indirect costs of Owner in exercising such rights shall be charged F� against Contractor in an amount reviewed by Engineer, and such amounts shall be deducted from the Contract Price. Such direct and indirect costs shall in- clude, in particular but without limitation, compensation for additional pro- fessional services required and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contrac- tor's defective Work. Contractor shall not hp allowed an extension of the ` Contract Time because of any delay in performance of the Work attributable to 04 the exercise by Owner of Owner's rights hereunder. M_ _ 33 _ 8505h Copyright 1985 Annestroo, RosPne, Anderlik & Asq,i fares_ Inc-, SECTION 9 MEASUREMENT, PAYMENT AND PROJECT ACCEPTANCE 9.1 DETAILED BREAKDOWN OF CONTRACT AMOUNT Except in cases where unit prices form the basis for payment under the Con- tract Documents, the Contractor shall, within ten (10) days of receipt of the Contract Documents, submit an itemized breakdown of the Contract Amount having the value, including an allowance for profit and overhead, assigned to each part of the Work. Unless the breakdown of the Contract Amount is objected to by the Owner, it shall be used as the basis for all Requests for Payment. 9.2 REQUEST FOR PAYMENT The Contractor may submit periodically, but not more than once each month, a Request for Payment for Work done and materials delivered and stored on the site. Payment for materials stored on the site will be conditioned on the following: (a) The Contractor shall submit evidence to establish the Owner's title to such materials. (b) Acceptable provisions have been made for storage. (c) The Contactor shall provide and maintain insurance against all loss, theft, vandalism, damage and similar peril for the full value of the stored material. The insurance on the stored material shall name the Owner as insured. Each Request for Payment shall be itemized and computed from the Work com- pleted on all items listed on the Detailed Breakdown of Contract Amount. Where unit prices are specified, the Request for Payment shall be based on the quantities completed. The Owner shall pay to the Contractor an amount not to exceed 95% of the amount earned under the Contract subject to the approval outlined in Section 0.3 and the provisions of Section 9.4 and 9.5. However, when the Work required under the Contract is 95% or more completed, upon recommendation of the Engineer, such portions of the retained money shall be releaRed as the Owner determines are not required to be retained to protect the Owner's interest in satisfactory completion of the Contract. 9.3 ENGINEER'S ACTION ON A REgUES'r FUR PAYMENT Within ten (10) days of submission of any Request for Payment by the Contrac- tor, the Engineer shall recommend to Owner: (a) Approval of the Request for Payment as submitted; or, (b) Appro-ial of: such other amount as Engineer shall consider is due the Contractor, informing the Contractor in writing of his reasons for recommending approval of the modified amoun , or, 1/85 - 8507b Copyright 1995 Bonestroo, Rosene, Anderl►k b Associates, Tnc. (c) Withholding of the Request for Payment, informing the Contractor in writing of his reasons for recommending withholding of the Request. A 9.4 OWNER'S ACTION ON AN APPROVED REQUEST FOR PAYMENT Within thirty (30) days from the date of recommending approval of a Request for Payment by the Engineer, the Owner shall: (a) Pay the Request for Payment as recommended by the Engineer. (b) Pay such other amount in accordance with Section 9.5 as Owner shall decide is due the Contractor, informing the Contractor and the Engi- pe neer in writing of the reasons for paying the modified amount. (c) Withholding payment in accordance with Section 9.5 informing the Contractor and the Engineer in writing of Owner's reasons for withholding payment. 9.5 OWNER'S RIGHT TO WITHHOLD PAYMENT 9.5.1 The Owner may withhold payment in whole or in part to the extent neces- sary to protect itself from lass on account of any of the following causes: (a) Violation of any of the terms of the Contract Documents. (b) Defective work not remedied, or completed work which has been dam- aged. (c) Reasonable evidence indicating potential filing of claims by other parties against the Contractor or Owner. ,1l (d) Failure of the Contractor to make payments to Subcontractors, �d materialmen or suppliers. (e) Damage to the Owner or any other person. 1 (f) Contractor's unsatisfactory prosecution of the work. r' 9.5.2 When any of the above grounds for which payment is tieing withheld is ( removed, payment shall be made for the amount withheld. 9.5.3 Should the Owner fail to pay a Request for Payment within 30 days from the date of recommendation of approval by the Eny;.ueer and should he fail to inform the Engineer and Contractor in writing of the reasons for withholding payment, the Owner shall pay to the Contractor simple interest on the past due amount at an annual rate equal to the monthly indeA of long term United States 1 bond yields for the month prior to the month in hich the obligation is incur- red plus an additional one percent per annum. L - 35 - 1/85 - 850/b Copyright 1985 Bonestroo, Rosene, Anderlik 6 Associates, Inc. 9.6 CONTRACTOR'S WARRANTY OF ri'rf.E Contractor warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner at the time of payment free and clear of all liens, claims, security interests and encumbrances (hereafter in these Conditions of the Contract referred to as "Liens"). 9.7 SUBSTANTIAL COMPLETION 9.7.1 When Contractor considers the. entire Work ready for its intended use Contractor shall, in writing to Owner and Engineer, certify that the entire Work is substantially complete and request that Engineer issue a proposed Certificate of Substantial Completion. Within a reasonable time thereafter, Owner, Contractor and Engineer shall make an inspection of the Work to deter- mine the status of completion. If Engineer does not consider the Work sub- stantially complete, Engineer will notify Contractor in writing giving his reasons therefor. If Engineer considers the Work substantially complete, Engineer will prepare and deliver to Owner a proposed Certificate of Substan- tial Completion which shall fix the date of Substantial Completion. There shall be attached to the proposed Certificate a list of items ("punch list") to he completed or corrected before final payment. 9.7.2 Owner shall have seven days after receipt of the Certificate during which he may make written objection to Engineer as to any provisions of the Certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within fourteen days after submission of the proposed Certificate to Owner notify Contractor in writing, stating his reasons therefor. If, after consideration of Owner's objections, F;ngineer considers the Work substantially complete, Engineer will within said fourteen days execute and deliver to Owner and Con- tractor a final Certificate of Substantial Completion (with any revised list of items to be completed or corrected) reflecting such changes from the pro- posed Certificate as he believes justified after consideration of any objec- tions from Owner. At the time of delivery of the proposed Certificate of Sub- stantial Completion Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment be- tween Owner and Contractor with respect to security, operation, safety, main- tenance, heat, utilities and insurance. Unless Owner and Contractor Rgree otherwise in writing and so inform Engineer prior to his issuing the final Certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. Owner shall have the right to exclude Contractor from the. Work after the date of Substantial Completion, but Owner shall allow Contractor reasonable access; to complete or correct items on the list of items to he completed or corrected. 9.8 PARTIAL. IYTILiZATION lisp by Owner of completed portions (if the work may he accomplished prior to Substantial COM10 etion of All thA Work cuhjert to the following: I /85 - 81;;Oh Copvright lags lloneigtroo, Rosene, Andrrlik b Associates, Inc. 9.8.1 Owner at any time may request Contractor in writing to permit Owner to use any part of the Work which Owner believes to be substantially complete and which may he so used without significant interference with construction of the other parts of the Work. If Contractor agrees, Contractor will certify to Owner and Engineer that said part of the Work is substantially complete and M request Engineer to issue a proposed Certificate of Substantial Completion for that part of the Work. 9.8.2 Within a reasonable time thereafter 9wner, Contractor and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be sub- stnntioliy complete, Engineer will notify Owner and Contractor in writing giv- ing his reasons therefor. If Engineer considers that part of the Work to be substantially complete, Engineer will execute and deliver to Owner and Con- tractor a proposed Certificate to that effect, fixing the date of Substantial Completion as to that part of the Work, attaching thereto a list of items to be completed or corrected before final payment. 9.8.3 Prior to issuing a Certificate of Substantial Completion as to part of the Work, Engineer will deliver to Owner and Contractor a written recommenda- tion as to the division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, maintenance, utilities and insurance for that part of the Work which shall become binding upon Owner and Contractor at the time of issuing the final Certificate of Sub- stantial Completion as to that part of the Work unless Owner and Contractor shall have otherwise agreed in writing and so informed Engineer. Owner shall have the right to exclude Contractor from any part of the Work which Engineer has so certified to be substantially complete, but Owner shall a►low Contrac- tor reasonable access to complete or correct items on the list of items to be completed or correctee. 9.8.4 In lieu of the issuance of a Certificate of substantial completion as to part of the Work, Owner may take over operation of a facility constituting part of the Work whether or not it is substantially complete if such facility is functionally and separately usable; provided, that prior to any such take- over, Owner and Contractor have agreed as to the division of responsibilities between Owner and Contractor for security, operation, safety, maintenance, correction period, heat, utilities and insurance with respect of such facility. 9.8.5 No occupancy of part of the Work or taking over of operations of a facility will be accomplished prior to compliance with the requirements of Section 6.1.4, Paragraph 3, in respect of property insurance, 9.9 FINAL INSPECTION Upon written notice from Contractor that the Work is complete, Engineer will make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective, contractor shal! immediately take such measures as are necessary to remt•dy such deficiencies. 17 _ I /A5 - RSta:'b Copyright 19R5 donestron, Rospnw, An,lerlik 4 Associates, Inc. 9.10 FINAL. APPLICATION FOR PAYMENT After Contractor has completed all items to be completed or corrected to the -- satisfaction of Engineer and delivered all maintenance and operating instruc- tions, schedules, guarantees, bonds, certificates of inspection, marked -up record documents and other documents -- all as required by the Contract Docu- ments, and after Engineer has indicated that the Work is acceptable (subject to the provisions of Section 9.12), Contractor may make Application for Final Payment following the procedure for progress payments. The Final Application fnr Payment shall be accompanied by all documentation called for in the Con- .. tract Documents and such other data and schedules as Engineer may reasonably require, together with complete and legally effective releases or waivers (satisfactory to Owner) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by Owner, Contractor may fur- nish receipts or releases in full; an affidavit of Contractor that the re- leases and receipts include all labor, services, material and equipment for which a Lien could be filed; a representation that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or his property might in any way be responsible, hb,re been paid or otherwise satisfied; and, consent of the Surety, if any, to final payment. If any Subcontractor, manufacturer, fabricator, supplier or distributor fails to furnish a release or receipt in full, Contractor shall furnish a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. 9.11 FINAL PAYMENT AND ACCEPTANCE, 9.11,1 If, on the basis of Engineer's observation of the Work during construc- tion and final inspection, and Engineer's review of the Final Application for Payment and accompanying documentation, all as required by the Co- Docu- ments, Engineer is satisfied that the Work has been completed and tractor has fulfilled all of his obligations under the Contract Documents,-.1gineer will, within ten days after receipt of the Final Application for Payment, indi- cate in writing his recommendation of payment an:i present the application to Owner for payment. Thereupon Engineer will give written notice to Owner and Contractor that the Work is acceptable subject to all applicable provisions of , the Coy.tract Documents. Otherwise, Engineer will return the Application to Contractor, indicating in writing the seasons for refusing to recommend final Pa etit, in which case Contractor shall make the necessary corrections and re- submit the Application. 9.11.2. If the Application and accompanying documentation are appropriate as to form and substance, Owner shall, within thirty days after receipt thereof pay Contractor the amount recommended by Engineer. If, through no fault of Con- tractor, final completion of the Work is significantly delayed thereof and if Engineer so confirms, owner shall, upon receipt of Contractor's: Final Applica- tion for Pavment and recommendation of F.tigineer, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully J completed and acceptod, 1/AS N%O7h Copyright 1985 Ronesttoo, Rngene+, Anderl ik ' h As.,ociates, Inc. 9.11.3 If any remaining balance to be held by Owner for Work not fully com- pleted or corrected is less than the retainage stipulated in the Agreement, Pe and if Bonds have been furnished as required herein, the written consent of the Surety to the payment of the balance flue for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with A the Application for such payment. Such payment shall be made under the terms 14 and conditions governing final payment, except that it shall not constitute a waiver of claims. A 9.12 CONTRACTOR'S CONTINUING OBLIGATION 1� - Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any prog- ress or final payment by Engineer, nor the issuance of a Certificate of Sub- stantial Completion, nor any payment by Owner to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by Owner, f� nor any act of acceptance by Owner nor any failure to do so, nor the issuance of a notice of acceptability by Engineer pursuant. to Sections 9.10 or 9.11, nor any correction of defective Work by Owner shall constitute an acceptance of Work not in accordance with the Contract Documents or a release of Contrac- tor's obligation to perform the Work in accordance with the Contract Documents. ■ 9.13 WAIVER OF CLAIMS The making and acceptance of final payment shall constitute: 9.13.1 A waiver of all claims by Owner against Contractor, te-ept claims arising from unsettled Liens, from defective work appearing after final in- spection pursuant to Section 9.9 or from failure to comply with the Contract M Documents or the terms of any special warranties or guarantees specified tit therein; however, it shall not constitute a waiver by Owner of any rights in respect to Contractor's continuing obligations under the Contract Documents; and 11.13.2 A waiver of all claims by Contractor against Owner other than those previously made in writing and still unsettled. 1 00 SECTION 10 It CHANGES IN THE. WORK be 10.1 CHANGE ORDERS 14 Without invalidating the Agreement, Owner may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, Contractor shall �^ proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes i -- 1 /85 - BYi'h Copyright 1985 Ronestroo, Rusene. Anderlik b Associates, Inc. an increase or decrease in the Contract Price or an extension or shortening of the Contract time, an equitable adjustment will he made as provided in Section 10 or Section 11 on the basis of a claim made by either party. 10.2 FM ii ORDERS Engineer may authorize minor changes in the Work not involving an adjustment in the Contract Price or the Contract Time, which are consistent with the overall intent of the Contract Documents. These may be accomplished by a Fir ' Order and shall be binding on Owner, and also on Contractor who shall perform the change promptly. If C- i�r;ictor believes that a Field Order justi- fies an increase in the Contract Price or Contract Time, Contractor may make a claim therefor as provided herein. 10.1 UNAUTHORIZED WORK Additional Work performed without authorization of 1 Change Order will not en- title Contractor to an increase in the Contract or an extension of the Contract Time, except in the case of an emergency. 10.4 ENGINEER RECOMMENDATIONS Owner shall execute appropriate Change Orders prepared by Engineer covering changes in the Work which are required by Owner, or required because of un- foreseen physical conditions or emergencies, or because of uncovering Work found not to be defective, or because of any other claim of Contractor for a change in the Contract Time or the Contract Price which is recommended by En- gineer. 10.5 NOTTCF OF CHANCE TO SURETY If notice of any change affectinv the general scope of the Work or change in the Contract Price is required b-, the provisions of any Bond to be given to the Surety, it will be Contractor's responsibility to so notify the Surety, and the amount of each applicable Bond shall he adjusted accordingly. Con- tractor shall furnish proof of such adjustment to Owner. 1n.6 CLAIMS FOR ADDITIONAL COSTS If the Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the Engineer written notice thereof within ten (10) days after the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall pro- ceed in accordance with Paragraph 10.7. No such claim shall be valid unless so made. If the owner and the Contractor cannot agree on the amount of the adjustment in the Con'rict Sum, it shall be referred to the Engineer in accor- dance with Paragraph Any change in the Contract Sum reFvlting from such claim abet] be autho: J by Change Order. 1 /HS - A5(11b Copyright 1995 Ronestrun, Rosene, An,ierl iM b Associateq, Inc. j If the Contractor claims that additional cost is involved because of but not limited to (1) any written interpretation of the engineer, (2) any order by the Owner to stop the Work where the Contractor was not at fault, (3) any i written order for a minor change in the Work or ( ) failure of payment by the Owner, Contrac' shall make such claim as provided in this Subparagraph. 10.7 WORK DIIRINr AN EMERGENCY 10.7.1 In any emergency affecting the Lafety of persons or property, the Con- tractor shall act to prevent threatened damage, injury or loss. In all cases j.. he shall, as soon as practicable, notify the Owner of the emergency and he shall not wai.t for the instructions before proceeding to protect both life and property. 10.7.2 Any additional compensation or extension of time claimed by the Con- `ractor on account of Fs d emergency work shall be determined under Paragraph * 0.6. SECTION 11 CHANGE OF CONTRACT PRICE AND CONTRACT TIME ll.l ( NTRACT PRICE The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to Contractor for performing the Work. All duties, re- sponsibilities and obligations assigned to or undertaken by Contractor ehall be at his expense without change in the Contract Price. is • 11.2 CHANGE IN CONTRACT CE H.' . Except where unit prices form the basis for payment under the Contract Documents, the Contract Price may only be changed by a Chen Order. Any claim for an increase in the Contract Price shall be based tten notice ►+ delivered to Owner and Engineer within ten (10) days of the nce of the event giving rise to the claim. Notice of *he amount of the .m with sup- 1porting data shall he delivered within thirty (30) days of such occurrence un- less Engineer allows an additional period of time to ascertain accurate cost data. All claims for adjustment in the Contract i'rice shall be determined by Engineer if Owner and Contractor cannot otherwise agree on the amount in- volved. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order. )t Where unit prices form the basis of payment and the quantity of any �t t Work aq given in the Proponal is increased or decreased, payment for tom will he made on the basis of actual quantit. -1leted, at the c. .La unit price for such item. r 11.3 BASIS nF CHANGE The method of determining the cost or credit to the Owner resulting from a r change in the work shall be determined and mutually agreed upon by Owner and - Ll - l/AS - NSO7h ropyripht 1495 Ronvvtron, Rnseno, Anivrl.k 4 AsnoLiates, Inc. Contractor . . � ,tee of per formance of the change in work in one or more of the following ways: 11.1.1 By mutual acceptance of a lump sum proper'.v itemized, 11.3.2 By unit prices stated in the Contract Documents or subsequently agreed upon (unit prices shall include an allowance for Contractor's main office ex- pense, overhead, profit and bond), or 11.3.3 By actual cost of the changed work, plus an allowancf! for overhead, supervision and profit, as defined as follows: 1. The "cost of the changed work" shall mean costs necessarily incurred in the proper performance of the changed work and paid by Contractor at rates not higher than the standard paid in the locality of the work (except with prior consent of the owner) as more specifically defined as follows: a. The cost of t!:• changed work shall include: (1) Wages paid for labor in the direct employ of Contractor in the performance of the changed work in the field or in the fabrication shop under applicable collective bargaining agreements or under a salary or wage schedule agreed upon by Contractor and owner, plus a payroll markup of 40 percent to cover all overhead items applicable to payroll, such as insurance, taxes, F.I.C.A., workmen's compensation, unemployment taxes, and union benefits. (2` Cost of all materials, supplies and equipment incorporated in the changed work. (3) Cost, including maintenance of all materials, supplies, equip- ment, temporary facilities and hand tools owned by workmen, which are consumed in the performance of the changed work, and cost less salvage value on such items used but not conaum•3 which remain the property of the Contractor. (4) Rental charges of all necessary machinery and equipment, exclu- sive of hand tools, used in performing the changed work, including installation, minor repairs and replacements, dismantling, removal, transportation and delivery costs thereof at rental charges consistent with those prevailing in the area. (5) Cost of additional premiums for all bonds and insurance which the Contractor is required by the owner or contract documents to purchase and maintain And which is incurred as a result of performing the changed work. (6) Sales, use or similar taxes, related to the changed work and for which the Contractor is liable, imposed by any governmental authority. (7) Permit fees, roy..lties, damages for infringment of patents and costs of defending suits therefore, and deposits lost for causes other `han the Contractor's negligence. 4? _ l /85 - 8507b Copyright 1995 1lonestroo, Rosenr, AvdQrlik i Associates, Inc. i (8) Losses and expenses, not compensated by insurance or otherwise sustained by the Contractor in connection with the changed work pro- vided they have resulted from causes other than the sole or joint fault or neglect of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of the Owner. No such losses and ex- penses shall be included in the cost of the changed work for the pur- pose of determining the Contractor's fees thereon. If, however, such loss requires reconstruction and the Contractor is placed in charge thereof, he shall be paid for his services an additional fee computed in proportion to the sum stated above for the original changed work. W (9) Cost of "drayage," exclusive of any drayage between shop and job - site, only when Contractor must hire an independent trucking firm and driver to perform special drayage services in performance of the changed work for which Contractor's skills, manpower and vehicles are inadequate. "Drayage" does not include transportation performed or which could have been performed by Contractor's drivers or vehicles but for their use on another project. (10) Costs incurred due to an emergency arising out of the changed work affecting the safety of persons and property. (11) Other costs incurred in the performan— of the changed work if and to the extent approved in advance in writ. ng by the Owner. 1>� (12) Cost of subcontractors in performing the Contractor's work as changed shall be computed in accordance with this paragraph 11.3.3, is computed in accordance with clauses 11.3.1, .2, or .3. r# b. The cost of the changed v--k shall exclude: I$ (1) Salaries or other compensation for Contractor's officers, execu- tive, general managers, project managers, estimators, engineers, time- keepers, surveyors, mechanics, warehousemen, auditors, accountants, purchasing and contracting agents, draftsmen (except sheetmetal draftsmen), stenographers, receptionists, and other staff employees, whether or not employed at Contractor's principal office, branch office or field cfice at the job site. �e (2) Expenses of Contractor's principal office, branch office or job site field office, including without limitation the expense for pick- up trucks, office trailers, storage trailers, rental of office or t4 storage space., telephone, heat, llghtA, etc. (3) Ownership cost of malntenan-P expenses for Contractor -owned equipment, including without limitation all construction equipment, trucks and vehicles, machines and all other owned equipment required for Contractor's performance of the Work. i N# a r - 41 (1R5 - 8507b copvright 198S Ronestroo, RosPnAniArIik b Associate_R, Inc. (14) Cost for purchase and maintenance of roofs, materials, supplies and facilities not consumed during constr►.►ction or incorporated in the work. (5) Contractor's capital expense, including interest on Contractor's capital employed for the work. (6) Overhead or general expenses of anv kind, including but not lim- ited to office or fabrication shop overhead or drafting and printing costs, except as may be expressly included in clause 11.3.3.1a above. (7) Costs due to the negligence of Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable, including but not limited to injury or damage to persons or property, the correction of defective work, dis- posal of materials and equipment wrongly supplied, or making good any damage to property. (8) The cost of any item not specifically and expressly included in the terms described in clause 11.3.3.1a above. 7. Allowances for profit, overhead and nonreimbursable costs shall be computed as follows: a. For the Contractor (1) A minimum of 5% up to a maximum of 15% (the actual rate dependent of the Contractor's performance and assumed risks as determined in the sole discretion of the Owner) of all reimbursable costs defined in clauses 11.3.3.1a (1) through (12) above, and (2) A minimum of 3% up to a maximum of 7% (as determined at the sole reasonable A- -etion of the Owner) for the work of subcontractors supervised a Contractor as computed in accordance with clause 11.3.3. will be allowed on subcontractor work not supervised by the Contractor. (3) For first, second, and other tier subcontractors claiming compen- sation for changed work under clause 11.3.3.1(a) (12), their allow- ances shall be determined at the sole reasonable discretion of the Owner consistent with percentages in subclause (2) directly above. (4) The Owner shall have the right to examine, inspect, copy and audit the books and records of any contractor or subcontractor making claim for reimbursement for costs and allowances hereunder in order to verify the accuracy, correctneRs, completeness :and roperiety of all costs and allowances claimed. - 44 - 1/85 - 8507b Copyright 19RS 6onestroo, RosenP, Andwrlik 4 Associates, Inc. FM 11.4 CHANGE OF CONTRACT TIME. 11.4.1 The Contract Timi may only be changed by a Change Order. Any claim for an extension in the Contract Time shall be based on written notice delivered to Owner and Engineer within ten (10) days of the occur- rence of the event giving rise to the claim. Notice of the extent of the iJ claim with supporting data shall be delivered within thirty (30) days of such occurrence unless F.ngineei allows an additional period of time to ascertain more accurate data. All claims for adjustment in the Contract W Time shall be determined by Engineer if Owner and Contractor cannot other- wise agree. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. 11.4.2 The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of Contractor if a claim is made therefor as provided in paragraph 11.4.1. Such delays shall include, but not be limited to, acts or neglect by Owner, or to fires, floods, labor disputes, 1 epidemics, abnormal weather conditions, or acts of God. p 11.4.3 All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this paragraph 11.4 shall not exclude recovery for damages (including compensation for Additional professional services) for delay by either party. SECTION 12 SUSPENSION OF WORK AND TERMINATION 12.1 OWNER MAY SUSPEND WORK It Owner may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to Con- tractor and Engineer which shall fix the date on which Work shall be resumed. Contractor shall resume the Work on the date so fixed. Contractor will be al- lowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if he makes a claim therefor 4 as provided in Sections 10 and 11. I 12.2 OWNER MAY TERMINATE 12.2.1 Upon the occurrence of any one or more of the following events: 11 (a) If Contractor is adjudged a bankrupt or insolvent, 1 M (b) If Contractor makes a general assignment for the benefit of creditors, I (c) If a trustee or receiver is appointed for Contractor or for any of is Contractor's property, R Is- tiS 1/85 - 8507b Cnpyright 1985 6Bonestroo, Rosene, Anderlik 6 Associates, Inc. (d) If Contractor files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, (e) If Contractor repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, (f) If Contractor repeatedly fails to make prompt payments to Subcontrac- tors or for labor, materials or equipment, (g) If Contractor disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, (h) If Contractor disregards the authority of Engineer, or (i) If Contractor otherwise violates in any substantial way any provisions of the Contract Documents, Owner may after giving Contractor and his Surety seven days' written notice, terminate the services on Contractor, exclude Contractor from the site and take possession of the Work and of all Contractor's tools, appliances, con- struction equipment and machinery at the site and use the same to the full ex- tent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which Owner has paid contractor but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Con- tractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Work, including compensation for additional professional services, such excess shall be paid to Contractor. If such costs exceed such unpaid balance, Contractor sh-ilt pay the difference to Owner. Such costs incurred by Owner shall be verified by Engineer and incorporated in a Change Order, but in finishing the Work, Owner shall not be required to ob- tain the lowest figure for the Work performed. 12.2.2 Where Contractor's services have been so terminated by Owner, the ter- mination shall not affect any rights of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Con- tractor by Owner will not release Contractor from liability. 12.2.3 Upon seven days' written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, Contractor shall be paid for all Work executed and any expense sustained plus reasonable ter- mination expenses. 12.2.4 If, after notice of termination for failure to fulfill contract obliga- tions, it is determined that the Contractor has not defaulted, the termination shall be deemed to have been effected for the convenience of the Owner and the Contractor shall be paid in accordance with paragraph 12.3. - ih - 1/85 - 850b Copyright 1985 Bone!stroo, Roseanea.., Anderl ik Associates, Inc. 0 1 12.3 CONVENIENCE TERMINATION BY THE OWNER A The Owner reserves the right to terminate the Work under this contract in whole, or from time to time in part, and said termination for convenience shall not be construed as a breach of the Contract. If the Contract is ter- minated for convenience, the Owner shall give the Contractor written notice specifying the extent the Work of the Contract that is being terminated and the effective date of said termination. Upon receipt of the notice of termi- nation, the Contractor shall stop work on the date and to the extent speci- fied. The Contractor shall place no further orders nor incur any further 1 costs for the terminated parts of the Work. The Contractor shall further ter- minate all orders and subcontracts relating to the terminated part of the Work. The Owner shall pay the Contractor for the value of the Work terminated t. as completed to the termination date together with a reasonable profit on the completed Work, but no damages or costs or lost profits. Disposition of the completed parts of the terminated work, materials, equipment and other tang- ible property shall be made as agreed upon by the Owner and Contractor. The title to any property and materials retained by the Owner shall accrue to the Owner immediately upon payment by the Owner to the Contractor. 12.4 CONTRACTOR MAY STOP WORK OR TERMINATE If, through no act or fault of Contractor, the Work is suspended for a period of more than ninety days by Owner or under an order of court or other public authority, or Engineer fails to act on any Application for Payment within thirty days to pay Contractor any sum finally determined to be due, the Con- tractor may, upon seven days' written notice to Owner and Engineer, terminate the Agreement and recover from Owner payment for all Work executed and any ex- pense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if Engineer has failed to act on an Application 04 for Payment or Owner has failed to make any payment as aforesaid, Contractor may upon seven days' notice to Owner and Engineer stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve Contractor of his obligations to carry on the Work in accordance with the e" progress schedule and without delay during disputes and disagreements with Owner. t s• SECTION 13 MISCELLANEOUS 13.1 LIMITATION OF LIABILITY In no event, either as a result of breach of contract, negligence, or other- wise, shall the Owner or Engineer or their agents or Employees be liable for damages or loss of profits, loss of use, loss of revenue, loss of bonding ca- pacity, or any other special, indirect or consequential damages of any kind. To the extent the Contract Documents allow any liability to be imposed, the total liability of the Owner and Engineer for any loss, claim, damage aris- ing out of this agreement or the performance or breach thereof, shall be lim- ited to the value of the work performed. - 41 - 1/85 - 8501b Copyright 1985 Bonestroo, Rosene, Anderlik a Associates, Inc. 13.2 REMEDIES The duties and obligations imposed by these GQneral Conditions and the rights and remedie avai?able hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor herein and all )f the rights and remedies available to Owner and Engineer thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph shall be as effective as if repeated specif- ically in the Contract Documents in connection with each particular duty, ob- ligation, right and remedy to which they apply. All representations, warran- ties and guarantees made in the Contract Documents shall survive final payment and termination or completion of. this Agreement. 13.3 PUBLIC CONVENIENCE The Contractor shall at all times so conduct his work as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work, and to insure the protection of persons and property. No road or street shall be closed to the public except with the permission of the Owner and proper governmental authority. Fire hydrants on or adjacent to the Work shall be kept accessible to fire -fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the use of sidewalks and the proper functioning of all gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed. 13.4 CROSSING UTILITIES, ETC. Where the prosecution of the Work results in the crossing of highways, rail- roads, streets or utilities under the jurisdiction of bt-ate, county, city or other public or private entities, the Contractor shall secure written permis- sion from the proper authority to cross said highway, railroad, street or utility before further prosecuting the Work. A copy o' the written document granting permission shall be filed with the Owner and Er,,ineer before any Work is done. The Contractor shall be required to obtain .a written release from the applicable authority upon completion of the Work. A copy of this written release shall be filed with the Owner and Engineer before final acceptance of the Work is granted. 13.5 SANItARY PROVISIONS The Contractor shall provide and maintain such sanitary facilities for the use of his employees and those of his Subcontractors as may he necessary to comply with the laws, rules or regulations of the Federal, i,.ate and local gave ra- ments, or agencies or departments thereof. - 148 1,'M5 - 8507h Copyright 1985 Bonestron, RoKene, Arvior l ik 6 Associates, Inc. r13.6 PRESERVATION OF HISTORICAL OBJECTS 13.6.1 Where historical objects of potential archeological or paleonto- logical nature are discovered within the areas on which the Contractor's operations are in progress, the Contractor shall restrict or suspend his operations in the immediate area of the discovery as may be necessary to preserve the discovered objects until the Owner has made arrangments for their disposition or has recorded the desired data relative thereto. 13.6.2 The Contractor shall immediately notify the Owner of any historical objects he may discover or become aware of as the Work is being prosecuted, and shall aid in the preservation and salvage program decided upon, as may be requested or ordered by the Owner. No Work which the Contractor considers to 1 be Extra Work shall be performed without the written authorization of the Owner. t� 11 N to 1 is 1 Is 13.6.3 The Owner shall have the right to restrict or suspend the Contrac- tor's operations in the immediate area where historical objects are dis- covered for a period not to exceed 72 hours, without claim being made by the Contractor for any damages he might suffer as a result ther,.of. Any restrictions imposed shall not remain in effect for a period exceeding 72 hours unless mutually agreed to in writing. 13.7 USE OF PREMISES Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workmen to areas permitted by law, ordinances, permits or the requirements of the Contract Documents, and shall not unreason- ably encumber the premises with construction equipment or other materials or equipment. -49- 1/85 - 8507b Copyright 1985 Bonestroo, Rosene, Anderlik 6 Associates, Inc. go i FORM OF AGREEMENT A THIS AGREEMENT, made and signed this day of 19 , by and between , hereinafter called the "Owner", and hereinafter called the "Contractor". + THIS AGREEMENT WITNESSETH, that the Owner and the Contractor, for the con- siderktion hereinafter stated, agree as follows: M ARTICLE. I. The Contractor hereby covenants and agrees to perform and exe- 43 clite all the provisions of the plans and specifications as prepared by Bonestroo, Rosene, Anderlik b Associates, Inc., of St. Paul, Minnesota, and �Q indicated below under ARTICLE IV, as provided by the Owner for: and to do everything required by this A>,reement and the Contract Documents. ARTICLE II. The Contractor agrees that the Work contemplated by this Con- tract shall be fully and satisfactorily completed on or before , 19 ' ARTICLE III. The Owner agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the conformed copy of Proposal Form hereto attached, which prices shall conform to those in the accepted Contractor's Proposal on file in the 0,fice of the , the aggregate of which prices, based on the approximate schedule of quantities, is estimated to be S It ARTICLE IV. The Contract Documents shall consist of the following compon- ent parts: (a) Drawings 1F (b) Specifications be (1) Bid Documents (Advertisement, Addenda, Information to Bidders, Proposal and Bid Security); �i (2) Special Provisions; M (3) General and Specific Requirements; '} (4) Conditions of the Contract (General and other conditions); r (5) Performance and Payment Bond; (6) Agreement; (7) Detail Plates and other drawings attached to specifications; - 1/AS - 9507b Copyright 1985 Bonestroo, Rosene, Anderlik 6 Associates, Inc. t L This Agreement, together with the documents hereinabove mentioned, form the Contract and all documents are as fully a part of the Contract as if at- tached hereto or herein repe IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the day and year first above written. Attest: In the presence of: The By By BY (Seal) MAYOR CONTRACTOR TITLE 85O7b Copvright 1985 Ronestroo, Rosene, Anderlik PERFORMANCE. BOND w y� KNOW ALL MEN RY THF,SF. PRESENTS: that e • as i Principal (hereinafter called Contractor) and, 1 as Surety (hereinafter called Surety) art- held and firmly bound unto as Obligee { (hereinafter called Obligee) in the amount of Dollars for the payment whereof Contractor and Surety bind themselves, their heirs, executors, admin- istrators, successors and assigns, jointly and severally, firmly by these It presents. 1s #s WHEREAS, Contractor has by written agreement dated , 04 19—_, entered into a contract with the Obligee for construction of t' in ac:ordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is he after referred to as the Contract. f NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contrac- tor shall promptly and faithfully perform said Contract in conformance with the Contract Documents, and all guaranty, indemnity and warranty obli- dons specified therein, and shall promptly and faithfully remedy any breac its ' obligations under the Contract Documents discovered within the time ' 4 set �. by statute for commencement of actions, and shall pay any damages t, u nex- cused late completion, then this obligation -hall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of anv alteration, changes or exten _.in of t time made by t'r Obligee. 1� Whenever the Contractor shall be, and declared by the Obligee to be in de- fault under the Contract, the Surety may promptly remedy the default, or shall promptly: /AS - 11501b opyright 19RS Sonestroo, Rosene, An�ierlik 4 Associates, Inc. PM eft (1) Complete the Contract in accordance its terms and conditions, or if appropriate, (2) Obtain a h'.d or bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Obligee and the Surety i jointly of the lowest responsible bidd r, arrange for a contract between such bidder and Surety, and make available hs Work progresses (even though there shall be a default or a succession of defaults under ,ic contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion and ether cysts ar3 damages Fn which the Surety may be liable hereunder, but not exceeding ;'.e amount set '7orth in the first paragraph here- of leas the balance of 11io (_nntract price. T`ie term "balance of the contract price," as used in this paragraph shal' mean the total amount payable by the Obligee to Contractor under the Contract and any amendments thereto, less the amount paid by the Obligee to Contract(, of if appropriate, 1� (3) Promptly pay such sums to the Obligee as the Obligee may be entitled M from the Contractor under the Contract Docum- or for the breach thereof, tp but not exceeding the amount set fort' in t} paragraph hereof. Tne surety agrees to be t �und by , awa. .,ranted to the Obligee against the Contcact(,i 'n arbitration or judicial proceeding commenced pursuant to the Contract iments. No right .1 shall accrue on this bond to or for the use of any per- son or corpo )tb r than the Obligee named herein cr the !i-,ccessors of. the Obligee. • Signed and sealed t _—day of 19_ of is e I s Witn�8s _- Contractor Signature TTyped or Printed name of Signer) Title Signature (Typed or Printed name of :ter) Title 1/R5 - 8507b ropvright 1995 sonestroo, Rosen, An4vel' - 53 - 00 t�s M (If the contractor is a partnership or joint venti,re, all partners or co -ven- turers must execute this Bond.) Surety Address Phone No. Witness By Signature iZ T or Printed Name of Signer ,le (Local Address 6 Telephone Number) (The attorney -in -fact shall attach here- to a copy of his power of attorney or other document which authorizes him to act on behalf of .and to bind the surety.) 1/85 - 8507b Copyright 1985 RonPetroo, Rosene, Anderli.k CERTIFICATE OF ACKNOWLEDGMENT BY PRINCIPAL w (For use where Contractor is individual or partnership) STATE OF MINNESOTA ) 1 SS. COV' Y OF ) p On this day of 19 befora me personally appeared to me known to be the person described in and who executed the foregoing bond, and acknowledged that he executed the same as free act and deed. � Notary Public (Notarial Seal) CERTIFICATE OF ACKNOWLEDGMENT It (For use where Contractor is a corporation) STATE OF MINNESOTA ) if ) SS. COUNTY OF ) On this day of 19 _, before me personally appeared tt and I to me personally known who, being by me duly sw, did say that they are re- t spectively the of that the seal affixed to the foregoing irgtrume,.. is the corporate seal of said corporation, and that said instrumen was executed in behalf of the corporation by authority of its Board of Directors, and said _ and acknowledged the inb..ument to be the free act and deed of said corporatin. Notary- Public (Notarial Seal) t Full N. Sure-ty G wpany Ho!ae Office Address gull Name of surety Co. N-me of Local Agency Address of Local Agency i » If this bond is executed outside of the State of Minnesota, it must be counter- signed on the Performance Bond by a Minnesota reside^t agent of the Surety Company. Name of Agent affixing countersignat•re _ Address ^~ MEMORANDTIM: Affix her. Power of Attorney and Acknowlet'gment of Corpurate Surety. - 55 - 1/95 - 8507b Copyright 1%85 Ronestroo, Rosene, Anderlik L ♦. ,:.r.. tar -- LABOR AND MATERIAL PAYMENT BOND KNOW AL1, MFN BY THESE PRESENTS: that ,a as Pr;n(•ipal, (hereinafter called Contractor) and, E _ as Surety (hereinafter called Surety) are held and firmly bound unto as Obligee (hereinafter i called Obligee) for the use and benefit of claimants as hereinbelow defined, in the amount of Dollars (S ), :or the payment whereof Contractor and Surety bind them- selves, their heirs, executors, administrators, successors and assigns, joint- ly and severally, firmly by these presents. I WHEREAS, Contractor has by written agreement dated entered into a contract with Obligee for construction of — in accordance with Drawings and Speci- Fications prepared by - _ which ,tract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contrac- tor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required foe use in the performance �i of the Contract and shall keep the Project free and clear of all liens as pro- vided in the Cnntr8Lt, then this obligation shall be void; otherwise it shall remain in full f, rce and effect, subject, however, to tite following conditions: 1. rla=mant is defined as one permitted by applicable law to filo a Pub- lic Contractor's Bond claim for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include without limitation that part of water, gas, power, light, heat, oil, uasoline, telephone service, rental of equipment, insurance premi- ums, taxes, and anv items for which a claim or lien may be filed against the Obligee under the applicable law. ?. The above named Contractor and Surety hereby jointly and severally agree with the Obligee that every claimant as herein defined, who has not been paid in full ma- sue on this bond for the use of such claimant, prosecute the suit to final ji rgment for such sums xis may he justly due claimant, enc have execution theremi. The Obligee shall nit he liable for the payment of any costs or expenses of any such suit. 8507h Copyright 198', Ronestroo, Rosene, Andrrlio t Lisaciatma_ Ine- 3. No suit or action shall be commenced hereunder by any claimant - (a) Unless claimant shall have filed a public contractors bond claim in the form and within the time provided under applicable law, or (h) After expiration of time for enforcement of a public Contractors bond claim by legal action. 4. The amount of this bond shall he reduced by and to the extent of any payment or payments made in good faith hereunder. 5. The Contractor and Surety shall keep the Project free and clear of liens and shall promptly remove any and all liens filed against the Project by claimants. 6. The Obligee's right of action on this bond, or for the breach thereef, shall not be limited by the conditions set forth in paragraphs 1 through 3 above. Contractor Ay Signature Typed or Prir.tEd name of Signer Title Witness By Signature (Typed or PrinCed name of Signer) Title (If the contractor is a partnership or joint venture, all partners cr co-ve�- tnrers must exec:;re this Bond.) - "7 .. 1 /8s - 850?h Copyright 1985 donestroo, 9osene, Anderlik Surety Address ! Phone No. rWitness By !� Signature Typed or Printed Name of Signer 41 Title (Local Address 6 Telephone Number) (The attorney -in -fact shall attach here- to a copy of his power of attorney or other document which authorizes him to act on behalf of and to bind the surety.) 1/85 gv)7h CopyrlKhr 199i Aonestroo, Rosene, Anderlik MAY 2 1 IM CITY OF 01'���U City of Orono PO Box 66 Crystal Bay, MN 55323 MEETING May 20, 1985 MAY 2 81085 357Olt Vg16ef Wayzata, MN 55391 Dear City Council Members and City Administrator, This letter is to outline our request for a public storm drain system on Livingston Ave. in Navarre Heights. We are presently having a severe water problem due to the neighborhood water run-off. In :he spring when the snow melts, our yard is under water. The driveway and our basement gets anywhere from 2" to 5" of water . We do have a sump -pump, but it can not keep up with the amount of water comming in. We have this problem everytime it rains more than 1/4" inch. This has been a problem since I purchased this property in 1980. The city use to drain the street water into the county owned lot next to our house. (to the east of the house) In 1982 we purchased the vacant lot from the county at a land auction. (I was informed by the city of Orono of this sale. They wanted my -self or the house to my east to purchase it so another house would not be built on a 1/4 acre lot.) After we purchased this property I felt that the city did not have the right to drain the neighborhood water through my property. Due to the excess drainage into my property from the neighborhood in both our lots, we are having our yard erroded away, the driveway is breaking up, and we do not want to have any further damage to the foundation of our house. On May 10, 1985 we took some pictures of some of the flood problems to Mark Burnhardson to try to help us . Please helr us to correct this pro!ll,•m we are having by putting in a public storm system. We look forward to working with you on this project. Sincerly, Mark 6 Karen CUIf P.S. If you have any questions or problems with this matter please feel free to call me at work (Karen) M-F 8:30 AM to 5:00 PM. 545-0276 COUNCIL MEETING MAY 2 81985 To: mark Bernhardson, City Administratog CITY OF ORQQQ From: John R. Gerhardson, Public Works Coordinator Date: May 23, 1985 Subject: Release of Tax Forfeit Property for Repurchase On March 11, 1985 the City of Crono adopted Resolution 1737 requesting conveyance of tax forfeit property on Tonkawa Road. On April 22, 1985, the City of Orono received notice from Hennepin County that the original owner has submitted an application and funds for repurchase of the property. I have discussed with the owner his intent of use of the property (see attached letter from Mr. Roger Koehnen). After discussion and receipt of the letter from Mr. Koehnen, it is staff's opinion that it would be in the best interest to release the property for repurchase. I have attached a resolution for your approval and adoption. TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator DATE: p- 24, 1985 Forwarded recommendation approved. 4w 1 /G'd L5t }z' La.2 n 7 WF r, ,I I Y OF URONO i rin. �'� f gIOLIAr A RESOLUTION RELEASING TAX FORFEIT LANDS FOR REPURCHASE WHEREAS, on March 11, 1985 the City of Orono adopted Pesolution 1737 requesting tax forfeit land be conveyed to the City of Orono for park purposes; and WHEREAS, the City of Orono has been notified by Hennepin County that the original owner of the properties has applied for repurchase of the lands; and WHEREAS, the City of Orono has entered into an informal agreement for the use of the property. NOW, THEREFORE BE IT RESOLVED that the City of Orono does hereby rescind Resolution 1737 and does hereby authorize the following properties to be repurchased by the original owner: District Plat Parcel PID 38 42620 4260 06-117-23 41 0067 38 42620 4300 06-117-23 41 0068 39 42620 4350 06-117-23 41 0069 38 42620 4400 06-117-23 41 0070 38 42620 4450 06-117-23 41 0071 Adopted by 'he City Council of the City of Orono, Minnesota at a regular Council meeting held the 28th day of May, 1985 by a vote of ayes and - nayes. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor City of ORONO RESOLUTION OF THE CITY COUNCIL NO. REQUESTING CONVEYANCE OF TAX FORFEIT T ANI) FOR PUBLIC USE BY THE CITY OF ORONO WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws •)f the State of Minnesota; and WHEREAS, pursuant to Minnesota Statute 282, the City has recei,ed from Hennepin County a list of lands within the City which have become the property of the State of Minnesota for non-payment of real estate taxes; and WHEREAS, the Hennepin County Board of Commissioners have classified said lands as non -conservation land and have authcrized the sale of each such parcel of land subject to review and release by '.he City; anC WHEREAS, the City Council has reviewed said lands for compliance with local zoning ordinances, for the amount of outstanding special assessments remaining unpaid to the City, and/or for possible public use by the C ' i as authorized by the statutes, NOW, THEREFORE, BE IT RESOLVED, that the C i ty Counc i 1 of the C i ty of Orono, pursuant to Minnesota Statute Section 282.01, Subdivision 1, here) - applies to the Hennepin County Bo.: of Commissioners and to the Commissioner •f Revenue for conveyance of the fol. 3 tax forfeited lands to the City for park and recreation F.irposes. Dist. P gat 38 4-020 38 42620 38 42620 38 42f,2g 38 42G::,0 PARCLFS RETAINE7) FOR USE BY THE CITY Parcel P.I.D. Publ; 1,irpose 4260 06-117-231 41 0067 4300 06-117-23 41 00F3 43,10 06-10- 23 41 0069 4499 •4-6-117-23 41 0070 4450 06-117-2: 41 0071 Paik/Recreation of N 41 it r N Adopted by the City Council of the City of Orono, Minnesota at a reyuiar mee'iny held the llth day of Mar'(.h, 1q8`�, by a vote of 4 ayes and Y' r,ay.,. ATT EST : r• f'0otnthy M. tin, City Clerk ;1:ry C. F+utlyr, "layot HENNEPIN COUNrY DEPARTMENT OF PROPLIM TAX AND PUBLIC RECORDS TAX FORFEITED LAND PUBLIC SERVICE LEVEL, GUMUMqT (Eb1'IE2_..-- MIW EAPOLIS, MIMESOTA 55487-0067 PHONE: 348-3734/7839 City o` )no F . 0. B.. ; 66 ;rystal Bay, Mn 55323 DATE ( ) Your application is not signed e-d/or notarized. 4/18/85 ,._ PER 2 il OF ( 1 Proof of ownership is required, i.e., Contract for Deed, Qui` Claim Deed, Warranty Deed or certified copy of Certificate of Title. ( ) The interest amount has changed. The amount that must be remitted is $ This amount is valid through It ) Your check is for the incorrect a:. _;nt. Please rer-t $ Xx* -ther r---cments: We have received an application and funds from the former owner for -Le Since We 'gave conflicting requests, does your cc� it wish to rescind its previous resolution asking for conveyance of these parcels: Yours truly, Dale G. Folstad, DirE_tor Property Ta- 6 Pwlic Records Doruty 1✓Pu, Y I.D. 05 113 23 41 0067 to " t No. 2097—Desattrnt of Tssation ►Orin Ne. f7 — _ Mititr•Usrit Cu., lU,nntapolit m APPLICATION BY GOVERNMENTAL SUBDIVISION FOR CONVEYANCE OF TAX -FORFEITED LANDS (lianr,vuht .ltufittr.r l9f9, .tertian 181.1/1 In the Maiterof the.lpplication of The City Of Orono.,.._.. , a Qouernrnental Subdivision, for It Conveyance of Certain Lands. Conesnow ..... ...the City.. of ..Orono ............... ... .......... ...... ................... ........ __.............. and allsaa: (name of subdivision) 1. That applicant is (a) GQVPr.r)m4Pr}.tal. SubO V.,iS!Qn....... .......... ...... ..... _......... ......_.._ ..._.... je. That (b) Resolution g1737 Henne in 1. That there is situated within applicant's boundaries in the County of ._._...._.......�?.... certain tax -forfeited land described as follows: _ ........ _ Lots 3 6 4, Block 8, Minnetonka Summit Park - P.I.D. 06-117-23 41 0067 Lot 5, Block 8, Minnetonka Summit Park - P.I.D. 06-117-23 41 0068 Lot 6, Block 8, Minnetonka Summit Park - P.I.D. 06-117-23 41 0069 Lot 7, Block 8, Minnetonka Summit Park - P.I.D. 06-117-23 41 0070 Lot 8, Block 8, Minnetonka Summit Park - P.I.D. 06-117-23 41 0071 �. Tlaatauidlandau,e (c) substandard as a building site but suitable.._for a neighborhood park S. That applicaunt dr.vi.rca It) ubfttin said land for the, following purposes: (d) park ti. That tlu•rc iv nced fur sutdt ltuulr fur tha %ulluru4140 rvasrons, there are no neighborhood parks located in the neighborhood that surround Tonkawa Ro,,l within the City of Orono wherefore applicant prays :hat said lands be cunsveyed to it for the use stated herein. ........................... Ify G M ry (-< Butler i Its Mayor le borothy M. Halli !a Cj.ty Clerk ....... .... ................ $tAiC Ot1I111Cg0iAr 1 es e'ounty of Hennepin Mary C. Butler a",1 Dorothy M. Hallin such bsinif $rso duly su•urn, drpoxe untt say, each fur himself, th,tt fh.•y arc revpectia•ely the Mayor and City Clerk of (Ito City of Orono thrst they hate rrad the futblothi application and k now the contents thertuf; and that the ?nutters stated therein are trio Xi)bstvtbed and saurn to before rose flit /ii Y..A,a.j . vs.r........ .............................. &tate Of 1-thi r50ta, County of Hennep :. ` :43ry butler and Dorothy M_ Hallin each Leinj first duly sit'r,r'►t, depose tt►r<1 i ol. ezr+ It for Mlitsel f, tllrtt tAcy are. resfwctit,ely the Mayur and 1 t Y (71 ec of tits City of Orono that M*y have rr,id the jorebtuin j application urid k ►low tits contents titereuf; and that tilt matters stated thlretR are trlt_' , c� \ 1 �'rtl►s, ►;1red lipid sit,urn to hrfure ►tie fitis • C OIM� C IAfTIN f tl,t It wwtiw ODt,NTr ` .... ...,...................................... v' amm"r Lyres Sect 5. Im if AM. mission OX04r" V. My 1,1) Nf i►ea. r.... ,• p M r4 w�sw.awtr.rr►. lied bF ►f olutiW1 of g tte l►� $yrN ttaata a►.�•y orew*�+•tas«r+w ui rrs.pasrt.ua J.Nrr efr4iat barb or br •wtlra, OW. " the E8 rr�r rsq..rs, atirslur/ arra.a+• d rwriaiwra. a sw�. ! r) I>'t is rrt a �a,twt • d t.a..t. r e .4 wr r varwd.rar ► t ..l.t r r � .,...1 w' r ....att► fad J tneM ►+. Nf�ler J `.r. +a •. r r%W red a, " a.010 A '"M RESOLUTION OF COUNTY BOARD UPON APPLICATION WHERE.R.S, the County !bared of. Colsnty, rllinnesota, has examined into the allegations of the application of dated _ l!/ fir the conveyance of certain lands therein described; note, Therefore, be it "solved by the C'orinlll 1h,.,:,' •,' County, Minnesota, th,it it hereby rtpproves said application and reconintends that ilro, aanc be ....... Qranted. _............. _..__ ....,........... County Board of said County Wate of 300innefsota, Countyof ..... ...... ............. _.... ...... j, ..........................__ .......... ..._....... , county auditor and clerk of the County Board Of ........ .. ......... .., Country, .11inncsota, hereby certify that I have compared the foregoing copy of resolution of the County Board of said cortntil with the ori6inal record thereof in the neinutes of the proceedinga of said board of « nerrOnj tlrtl,l held _.. , and that the same is a true and rurrect copy of said oviginal record and of the whole thereof, and that said resolution was duly adopted by said boar.' %t said au•etin;f. l f rtrther certify that the application referred to in said resolution is hereto attached. Witness ntr/ hand and seal this 1 11 (lily of IA Cnrrnly Atulitor and Clerk of the County Board . ......... ....... ..... _.— _... ... . County, Minnesota OFFICE OF THE COMMIS.SIO.YER nF T.II.ITIOX St. Paul, Minn.. , if) . Upon due consideration of the within applienti„rr it 0 ardorcd that 'he mart he fend it is hereby rejected eranted. r ..................... Cvua►ntaaioner of 1'esaatia» De pt. I y OFFICE OF THE C0.11-MISSIOXER OP .Td.1'.tTIOX ,St. Paid, Minn., 19 .... . Upon drte ronsitlernti1,n of the trilhin ftpplicntiout it it i,rdmrcdl thnt. 'he tta►►tr be and it is herehJ rejected era ►tfed. t� z Hz z Q� tt r-r V G. �p Z > J ...................................................... ...........I.............. Coi► inLdlgOner n f Taxation B r► .y w CIO ..... ............. Deptd y COUNCIL MEETING 14AY 2 8 ?:'�--i5 TO: Mayor and City Council CITY OF ORUMO FROM: Mark Bernhardson, City Administrator DATE: May 24, 1985 SUBJECT: Casco Point Road Petition Attached is a petition from Casco Point Road and Dunwoody Avenue neighborhood regarding the placement of a 3-way stop sign in place of the current stop sign on Dunwoody Avenue. Traffic safety in this area was an issue in 1978-79, at which time the speed limit was lowered from 30 to 25 MPH, together with the placement of dead end street signs. It is staff recommendation that: a) Council refer petition to staff for concerns to be brought back to Council June 24th for recommendation. b) That staff in concerns review - current traffic situation - result of 1979 actions on traffic safety - which alternatives exist to correct existing significant traffic safety issues Should you have any further questions ple,ise feel free to contact Me. 4004, r� 3 , Asr 7S2 Caoe-o iL)T TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator DATE: May 23, 1985 SUBJECT: North Shore Drive Petition - No Parking At the last Council meeting property owners from North Shore Drive handed staff a petition requesting No Parking signs be posted on both sides of the road on North Shore Drive east of the bridge. At present there are no parking signs on the north side. As you may recall back in 1982 a similar petition request was made. With the principal problem identified being vehicles with trailers. The City at the time explored the possibility of prohibiting parking for vehicles with boat trailers, but as it is a County road they would not permit that, since they felt it was discrimatory without any basis. In reviewing the problem the items of significant concerns seem to be: - Pedestrian Safety - Given the posted speeds along that area, vehicles parked on the side do not allow much visible distance for vehicles and pedestrians to see each other when people are crossing the road from the south to the north side. At present we have no significant history of accidents, however we understand there have been near misses on occasion. - Tresspassing - There seems to be a problem in the practice of persons when the public access is full to put their boat in at the access to drive up park in the area that the no parking is being requested and proceed to cross private property and utilitize private docks to board the boat. - Disturbing the Peace - Apparently boaters particularly those who have parked along there tend to be rather raucous in their return and wrapping up their activities and generally causing a problem in the neighborhood. On these following two items there has not been any significant reports or problems identified by the police department in this area. While these last two problems may be alleviated by eliminating parking along that stretch these items may be able to be addressed in another manor and working with the police department and the patrol officer in the area. The concern on the Cities side, should there be No Parking posted, are the allotment of slots along the lake for vehicular and trailer parking and since these are counted in the DNR's allocation to eliminate these 25 slots would necessitate finding allocated slots somewhere else. page 2 May 23, 1985 North Shore Drive Petition - No Parking It is the recommendation of staff at this time that: a) Council acknowledge receipt of the petition for further study. b) That the Police Department and neighbors work together to attempt to alleviate the trespassing and disturbance of the peace problems. c) Staff will explore the concerns regarding pedestrian l-raffic crossing and see if there are solutions that are practical for all parties involved. As this is a county road any posting of signs regarding parking are finally up to the County Commissioners, however they generally don't act on these requests without an endorsement of an action from the City Council of the community affected. Should you have any further questions please feel free to contact me. 131985 We The People request that the NO PARKING AT ANY TIME designation on North Shore Drive (County Road 51) be extended Eastward from Baldour Point Road to Tonkawood Road (County Road 135) for the following reasons: 1. Parking along this particular stretch of highway poses a safety hazard for bicyclist and Pedestrians. The parking of cars on the shoulder forces the bicyclists and pedestrians to travel on the highway itself. 2. Parking along this stretch of highway poses another safety hazard for anyone trying to cross the road to enjoy our "Private Property" on the other side. This is particularly true for small children who are required to walk out between, parked cars. 3. The beauty of the lake at that particular stretch of highway distracts almost every driver and they are not watching for pedestrians or other traffic. 4. As owners of PRIVATE PROPERTY along this highway. we are finding it IMPOSSIBLE to enforce our No Trespassing Signs. Boaters use our property and our docks to board their boats and to obtain additional supplies from their parked automobiles. They leave their cars overnight while partying on their boats and yell back and forth to each other from automobiles and campers. Of course they leave their beer cans and other garbage on our PRIVATE PROPERTY. 5. It is also very difficult to enforce the NO TRESPASSING SIGNS as far as people trying to fish from shore. they park their care and unload their fishing gear and have picnics on our PRIVATE PROPERTY. 6. Practically every property owner along this stretch of North Shore Drive has had some property damage or thefts. This could be redu,.ed by eliminating the parking and the number of people using our PRIVATE PROPERTY. 7. In order to protect our privacy from tt,s people parking cars. vans and trailers. we have to tell people that they cannot use our docks and the; cannot use our shoreline. (Our No TrerL,aAsing Signs are Ignored.) In many cases this results in a rersonaI confrontation and verbal abuse. Su far there has not 1 been any physical violence but it could easily happen someday. In any event the property owners will lose because some "hot heads" can cause a lot of damage while we are not on guard. We are in a "No Win" situation. 8. Precedence has been set in that in all other situations similar to ours there is NO PARKING AT ANY TIME. The prime example is West on County Road Jr, from County Road 51 to the Arcola Bridge and then all along Lafayette Bay on County Road 15. NAME ADDRESS SIGNATURE Sl,` ► So AzC7/1 sNS: tic 1 t A. ,��,z hc� 2 July 15, 19132 The City of Orono P.O. Box 66 Crystal Day,?1'1. 553123 Honorable Mayor and Members of the City Council: ju g CITY 0F car<c� Ile. the undersigned, are writting this letter to request your conniderat Ion of posting County Road 51 with " NO PARKING - CARS UITH BOAT TRAILERS " for tfie following reasons: 1. The parking of cars with boat trailers on County Road 51 (North Shore Drive) between the Public Lake Access and County Road 135 ( Tonkawa Road ) hoe reached a point where something nus: be done. It no longer is a few week -ends a season.... it is Every Saturday and Every Sunday! 2. Therein a curve in the road and because of the parking situ- ation. we oust walk out into the road half way to watch f)r on- coming traffic, in order to cross the street. lie nust crawl over the boat trailers first to do this ! It is extremely dangerous 3. Equally dangerous is the fact that the "fire access " is gener- ally plugred with a parked vehicle. 4. Decides the nuisance value, the liability factor of the pu')lic using private property is a weal concern to all of us. The people put their boat and a driver in at the accee.s, then a friend drives the car and boa: trailer to a "parking place" and in then picked up by the boat and driver from off our private ducks. This pru- ceas is repeated in the P.M. Your reoponoe at the earliest convenience will be greatly appreciated. SIG!iED: i 42/ � ` 1f41 y '� 3Ycq� �� t 17-70 1 3 yyf ����•�l C ��r!►�� �41 t s, 3 4 9 L/ &/ , _S 110 2 E �) 4� �Y-zv l-l� �� •, 2 l� . 3�,� �o %�,o�� fir; J� 3 =1 ,' /V 3 1KO 'Ob. Jfio to.i OIL'Allici - J14 -C �- 7 � - / J � :- � •��/L�-� •tom cc: Mr. Brad Larson llenn. Cty. liwy Dept. 7e [,F(GUI,All MLETING !)I' THE OPONO COUIICII., IUI,Y 20, 1982) Page 6 11C1*D - IIEADUATC•.nS CONT1101, The City Council ktas presented with a neno frcn the Hinnehaha Creek Watershed District concerning a proposal for nodification of headwaters control structure nanegenent policy and operating procedures dated July 16. 1982. t;liCC - George i.usher . Letter - II.P.T.P. PCa - ap.m SCIIADC Letter - II.P.T.P. CnCLC Y9 CCPOAT SQL 30b OOTL T I03 The City Council ij.n pre.nenti!d with a letter to City Adnlniotrator Denson fron George Lusher, Iletrope,litan 113ote. Control Conniosion, Chief Adninistrator, concerning the I:aple Plain Treatnent Plant dated July 16,1982. N The C!ty Council was presented with a letter to Georgc'.usher, Chief Administrator, Metropolitan Waste Control Conni:ilon, from Darry Schade, Pollution Control Agency, .:oncerning the Ilople Plain Treatnent Plant dated July 22, 1982. No Cable TV report. Ijo transportation report. Co !?Gc�Irc slcn3� GorCh £bore Drive Butler roved, Ilurr seconded, to take no action concerning a petition for No Parking signs on 11orth Shore Drive. per City Ad�-iinlstrator Bennon'n ner,o dated July 13, 1902. Ilotlon, Aycs (5) - 11D73 (0). P:l- LIC IIf.'AnIrG36 Pcdarol Revenue 3hering Butler moved, Hurr seconded, that a Proposed Use Hearing concerning Federal Revenue Sharing Funds be held on Wednesday, August 25, 1902 at 7:00 P.N. and to hold the Budget Hearing for Federal Revenue Sharing on Monday. Septeober 13, 1982. Motion, Ayes (5) - Nays (0). PATrenT° Hewlett-Packard 125 Dutler moved, H u r r seconded, to approve the payment of the Hewlett- Packard word processor ir, the amcunt of $7,766. Motion, Ayes (5) - Nays (0). TO: City Council FROM: Dick Benson, City Administrator DATE: July 23, 1982 SUBJECT: Petition - No Parking Cars with Boat Trailers - North Shore Drive Ile k ave received a petition from several property owners on Hennepin County #51 to post the Hennepin County 451 road "No Park;ng Cars with Do,,` Trailers". The Hf in County Highway Department will not discriminate between cars o,.-y and cars pulling boat trailers. I recotrumand the City protect the public access, which is only used in the minter, No Parking, to protect the fire :.ane. It has been our policy not to post areas on County Highways that are used for public highway shoulder parking. I recommend we take no further nation on this matter. I will write and notify the residents of our action after your July 26, 1902 Council meeting. COUNCIL MEETING 14 MAY 2 81985 TO: Mayor and City Council CITY OF ORONO FROM: Mark Bernhardson, City Administrator �f DATE May 24, 1985 SUBJECT: Seniors Citzens Special Assessment Deferment As you are aware Orono Ordinance Section 2.62 enables the Council to defer special assessments for senior citizens in accordance with Minnesota State Statute 435.193. In 1979 the Council adopted Resolution 1093 which specifically set forth some criteria for determining hardship and additionally stated that no deferral could be greater than 5 years. At present we are being faced with requests from the persons who were initially given deferrals as to the possibility of being able to renew those deferals. It is our understanding that this has been discussed by Council and they are willing tn look at allowing persons to resubmit every 5 years. Secondly we get into the Crystal Bay sewer project we feel it is appropriate at this time to update the income and asset guidelines, they were first adopted back in 1979. As you will note in the chart below the present policy limits income for one person to $8,000 and for 2 persons $12,000 with assets being limited to $15,000 for one person and $22,000 for 2 people. The resolution also permits that failing to meet these quidel Ines the Council can not on an individual basis make a hardship determination based on income and assets. Given the impact of inflation during the last 6 years together with other guidelines available it is recommended that the present guidelines that the County uses for their Utility Connection Program be adopted. Present Seniors Deferral Income 1 - $ 8,000 2 - 12,000 If income or assets beyond that Council decides based on income assets and expenses County Utility Connection Program Guidelines Income Guidelines for Section 8 Low -Moderate Housing 1 - 13,500.00 18,400 2 - 14,500.00 21,000 3 - 15,500.00 23,600 4 - 16,500.00 26,250 5 - 17,500.00 27,900 6 - 18,500.00 29,550 7 - 19,500.00 31,150 8 - 20,500.00 32,800 Assets 1 - $15,000 2 - 22,000 While the City does have income guidelines for low 25,000.00 25,000 the option of selecting the Section 8 and moderate income housing we feel the existing ones for utility are more in line with the intent of the program. It is the staff recommendation to: a) Incorporate a 5 year renewal clause in the esisting policy. b) That the County's utility guidelines be adopted for gauging Prono's program. If Council accepts these recommendations staff will prepare appropriate resolution language for adoption at the meeting of June loth. Should you have any further questions or comments please free to contact me. COUNCIL MEETING MAY 2 81985 CITY OF ORONO TO: Mayor and Council FROM: Mark Bernhardson, City Administrator DATE: May 23, 1985 SUBJECT: Kurt Erickson Indemnification As noted in the attached letter from Tom Radio we are recommending indemnification of Kurt Erickson in the matter lawsuit including punitive damages for Craig Quiggle. Based on the facts as we know them in the reports at this time, and have no reason to doubt officer Erickson's behavior in the matter was appropriate and within procedures and guidelines and see no basis for punitive damage. It is recommended that this resolution be adopted as noted in Tom Radio's letter this will assist in preparation of defense particularly as it relates to cooperation of the individual defendent. Should you have any further questions please feel free to contact me. RESOLUTION FOR INDEMNICATION OF ORONO POLICE OFFICER KCURT ERICKSON WHEREAS, the City of Orono and its Police Officer Kurt Erickson have been named as defendents in a suit arising out of an accident that occurred on November 20, 1984, involving the son of the plaintiffs, Craig L. Quiggle; and WHEREAS, the suit requests in addition to in excess of $50,000 actual damages requests punitive damages against the individual officer; and WHEREAS, the insurance policy between the City and its insurer covering both the City and the individual specifically excludes payment for punitive damages; and WHEREAS, the City of Orono has the authority under Minnesota Statute _ _ to indemnify police officer upon his request; and WHEREAS, the facts as known by the City and its legal council at this time do not provide any basis for punitive damages. NOW, THEREFORE BE IT RESOLVED, by the City Council, the City of Orono hereby indemnfies its Police Officer Kurt Erickson for any punitive damages arising out of the subject case based on the facts as presently known and only to the extent such damages are not covered by insurance. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held May 28, 1985. Mary C. Butler, Mayor ATTEST: Dorothy-M. Hallin, City Clerk POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, I.TD. 4 3 4 4 IDS CENTER MINNEAPOLIS, MINNESOTA 55402 TELEPHONE AND TCLECOP-EA 612-333-4800 WAYNE G. POPHAM CLIrrORD M. GREENE JOHN C. CHILDS ROGER W. SC"NOBRICH D. WILLIAM KAUFMAN DOUGLAS P SEATON DENVER KAUr MAN MICHAEL O.rREEMAN THOMAS E. SANNER DAVID S. DOTY THOMAS C. D*AOUlLA BRUCE B. Mc:PHEETERS ROBERT A. MINISH LARRY D. ESPEL GARY O. BIACKFORD ROLrC A. WOROEN JANIE S. MAYERON SCOTT E. RICHTER G. MARC WHITEHEAD THOMAS J. BARRETT GREGORY L. WILMES BRUCE D WILLIS JAMES A. PAYNE ELIZABETH A. THOMPSON r REDERICK S. RICHARDS DAVID A. JONES TIMOTHY W. KUCK G. ROBERT JOHNSON LEE E. SHEEHY KEITH J. HALLELAND GARY R. MACOMBER LESLIE GILLETTE THOMAS C.MIELEN"AUSEN ROBERT S BURK MICHAEL T. NILAN STEVEN 1, LOWENTI4AL. HUG" V. PLUNKETT. 111 ROBERT H. LYNN KATHLEEN A. BLATZ rREDERICK C BROWN ROBERT C. MOILANEN MICHAEL D. CHRISTENSON THOMAS K. BERG STEVEN G. HEIKENS J. MICHAEL SCHWARTZ BRUCE O. MALKERSON THOMAS r. NELSON LARAYE M. OSBORNE JAMES R. STEILEN THOMAS J. RADIO JAMES B. LOCKHART DAVID L. HASHMALL Or COUNSEL ALLEN W HINDERAKER KATHLEEN M_ MARTIN FRIED L. MORPISON May 16, 1985 CONFIDENTIAL MATTER IN LITIGATION Mary C. Butler, Mayor City of Orono P.O. Box 66 Crystal Bay, MN 55232 Mr. Tim Adams 1810 West Farm Road Long Lake, MN 55356 Mr. Tom Frahm 2520 Casco Point Road Wayzata, MN 55391 2060 PETRO-LEWIS TOWER 717 SEVENTEENTH STREET DENVER,COLORADO a02O2 TELEPHONE ANC TELECOPIER 303-292-2660 SUITE e02-2000 L STREET. N W WASHINGTON, D. C. 20036 TELEPHONE AND TELECOPIER 202 - 687-5154 Mr. LJames R. Grabek 960 Forest Arms Lane Mound, MN 55364 Ms. Lynn Adams 915 Forest Arms Lane Mound, MN 55364 RE: Duane Quiggle vs. City of Orono and Kurt Erickson Our File No. 8862-001 Dear Mayor and Council Members: We have undertaken the defense o,` the City and Officer Kurt Erickson in a suit brought by the heirF of. Craig Ouiggle for damages arising out of ar automobile accident involving Officer Erickson. Attached is a copy of the Complaint and our Answer. In essence, the Complaint alleges that Officer Erickson, in conjunction with other area officers, participated in a chase and roadblock, which ultimately resulted in an accident involving Craig Quiqgle, who subsequently died. The City's insurer retained this firm to represent it in this matter. Clifford Greene of our office, whore practice focuses on government representation, will be heading the defense May 16, 1985 Page 2 effort, with myself and Linda Shamla, a Legal assistant at our office, assisting him. The insurance company has indicated that they are reserving their rights under the insurance policy regarding any claim for punitive damages or for damages in excess of the policy limits. Based upon our preliminary analysis, we do not believe that a substantial claim can be made for punitive damages against either the City or Officer Erickson. In the interest of morale, case preparation and to insure the assistance of the officer, we would recommend that the City assume responsibility for any exposure Officer Erickson may have for punitive damages. I would recommend that we discuss this matter in an executive session following our next regularly scheuled council meeting so that a decision can be made as soon as possible. We will keep you advised as to the status of this case as it progresses. Our preliminary analysis does not indicate a strong case of liability on the party of the City or Officer Erickson, but due to the fatality involved, there is obviously substantial exposure. If you have any questions or comments, please call Cliff Greene or me prior to our meeting. Very truly yours,.) Thomas .7. /I aWio TJR /sms 1034E cc: Melvin Kilbo, Chief of Police Mark Bernhardson, City Administrator 700 0 14av z s 19885 "ITV t!F JRUNO `, joau,, -►iatw a�Gl� ��o�c�i�i� is ca"m�,�a,�i �v'�oc�°°im�• Open Mouse Az s.&4 at LO G I S con� &.u,;,�ae, y.«ti, c4 �i.ta# amd G'ownci,G to. wedt & naw. Ac.iP;,ty, dA" o"w Date: Wednesday and Thursday, May 29 and 30 Time: 1 PM to 5:30 PM Place: 2700 Freeway Boulevard, Suite 300 Brooklyn Center (see map) Please RSVP by May 22, 1985, to 566--0050 4 -I.. _-! .. 11 'r COUNCIL MEETING 14AY2gISM LIST OF LICENSES FOR COUNCIL APPROVAL CITY OF ORONO FOR MEETING OF May 28, 1985 Liquor License Renewal - On Sale - Jimmies Lounge Request for Special Event - Long Lake Chamber of Commerce Circus at Orono School Campus June 5, 1985, 2 and 8:00 p.m. Trapping Permit - C. Arnold Carlson 855 Forest Arms Lane Westonka Sewer & Water, Inc. - Septic System Installet Westonka Sanitation - Garbage & Refuse Collector Solicitors Permit - Alan Penke, Discount Flowers INTEROFFICE MEMO 85-067 DATE: May 16, 1985 TO: City Administrator Mark Bernhardson FROM: Chief Mel Kilbo SUBJECT: Liquor License Renewal - On Sale - Jimmies Lounqe I have reviewed the case files tcr Jimmies Lounge for the previous year. I have also checked Mr. Holtz's personal record. I find nothing to preclude the Council from issueing a license. I would recommend issuance. APPLICATION FOR ON -SALE INTOXICATING LIQUOR LICENSE This form was prepared by the Minnesota Bureau of Criminal Ap- prehension, Department of Public Safety, pursuant to Minnesota Statutes, 1976, Section 340.13, for purposes of background in- vestigation. It does not supersede any laws, rules or regula- tions of the Division of Liquor Control regarding the issuance of liquor licenses. Failure to provide information requested may result in denial of the application. Trade name r licensinj period 1. Type of Application: New Renewal 2. u� E- .f name of applicant Y, da �e of application Transfer A' 1-7/ phone ne 3. j�2 L`�42%L F (��tJ �yjriti� � ome►a—da dress — ci ty state 4. ?_ - iv - 5r,1��tL. date of birth place of birth 5 ress of business location 6. e legal description 7. List owners of building or premise to be licensed: 8 . jlv 12.f-7:7e_ corporate or partnership titleOU A R- -z corporeu-or par 10. List all partners, officers or directors, if corporation: name address date of birth .S.7 43 Tl,-r/ 11. If this is a transfer application give name, address, of persons, partnership or corporation holding license for the east year. 12. Who owns the tavern fixtures? 13. What vending or mechanical amusement device company has or will have machines on the licensed premise? 14. Are you a Minnesota resident? Yes No from m — to If not, where resident: dates of residency 15. Have you ever been convicted of violating Federal, State or Local liquor laws and/or regulations? El Yes El No If yes explain fully on separate sheet of paper. 16. Applicant, and his associates in this application, will strictly comply with all the Laws of the State of Minnesota governing the taxation and the sale of intox- icating liquor; rules and regulations promulgated by the Liquor Control Commis- sioner; and all ordinances of the municipality; and I hereby certify that I have read the foregoing questions and that the answers to said questions are true of my own knowledge. I further understand that an investigation fee not to exceed $500.00 shall be charged an applicant by the city or county if the investigation is conducted within the state, or tht .ost not to exceed $10,000.00 if the inves- tigation 's required outside the state. STgnirture o pp iica Subscribed and sworn tto� before me this /� day >of }_ A Y 199S'— A1Nno0 NInmam o to r y public) Nn ivMN N1o11o0 My commission expires 6 e RONO POLICE DEPARTMENT REC-D BY IoEENY ,—j� ORONO POLICE RECORD CHECK REPORT DAY: s�M T W F S MESS. KEY I CONTROL NUMBER IOCAI CONT. AGENCY NCIC (DENT. (CAG) E C 7 1 1, 5 0,0 852355 LNBR DATE REPORTED (R�P,DII TIME RPD (TRP) ( LOCATION GRIND NBR ILGN) ( L/(n� 1 PLACE COMMITTED (PLC) rLNBR HRO �BADGE�NO(SBNN))� TIME ASIG (TAS) TIME ARR. jrAR) TIME CLR. (TCL) HRD Codes er I® I l . I I �� P• Phone isli � R • Radio `a , �L L,c� V� U� I I `^ , IQ , 110C ,�1 I•InPerson Il 4 1' II--_S A • Alarm V -Visual SUPERVISOR APPROVED ENTERED C.J.R.S. ❑ M Mail 'T T • Other Reported By Address' _ Complaint: Address: Incident Description: S (7YOO-v DOB! I �.0S Bus. Nbr. BSA (ATTACH TELETYPE IF APPLICABLE) AAT ok--- DL BUREAU V" DEPT. OF PUBLIC HEALTH - (MENTAL HEALTH - 296•2671, 8 30 A.M. to 4:30 P.M )0i HENNEPIN COUNTY WARRANTS - (3482000 or CDC HWA) (7iQGt/t' RAMSEY COUNTY WARRANTS - (298 4893 days, 484 3366 nights) NCIC IOW FORMAT) HOME TOWN WARRANTS HO'. ADDRESS & PHONE NO. VERIFIED? MILITARY - 726.1148 (ONLY IF CHECKS SHOW A POSSIBLE MILITARY RECORD) Home Nbr eTO ; Phone Nbr: '1 1 Fi3076 ► iR0 ►46 11AY 16 1 11 : 1 U' i 1 i.l . 11: 52: 25 TXT JAMES GROVER HOLTZ 5233 BARTLETT BLVD MOUND MN 55 %4 SEX/M. DC►H/C►21U_4. HGT/v-.C►/.. WGT/150. EYE/HZL. OLN/H432'��,7�:_1►:►:�. ►aLT/C-1 1. E X P ►?C10:.: STATUS: VAL I D PHOT'i i #: 44100240`.- 0. ISU/B4. 07:484 REc. DL RETD 022884 LTD TIL 7-25-8 013084 FEE RE►! MET 1-26-84 013084 PASSED DT 1-26-84 012784 SPECIAL REVIEW COMPLETED 012684 180 DAY TEMP SURR 012584 TEMP SURR 01.2584 584 REV (7-25-84) 169.123 } HERE MU'3'T SURR 180 110983 1.80 DAY TEMP EXTENDED 051283 180 DAY TEMP EXTENDED 121:_E: SPEED -:03-9.32 110382 180 DAY TEMP EXTENDED 052082 180 DAY OR CRT DATE' TEMP' -3.043082 UNCODED IMPLIED CONSENT (6) 043082 DL SURR B2 PD REV I'_S 043082 REG DL RETD 042982 SPEED 31793*2 M 020582 LTD TIL2-22-02 020482 PASSEL, DI 012 5 — FEE REGO MET ( 4—.30—:32) HR► APA F:E►.! 'c:F'ECI AL 112481 REV (—22—:a::2) EFF (10-2 2—:31) APA RE►:! 102281 ► ARLLE'=;�=: 20:{2"16 M ) 102281 UNCODED IMPLIED CONSENT 102281 DL SURR LO 30 DAY TEMP' LREVIEW 0L DL HERE -J Ni J HIT ►SUP NAM/HOLTZ, JAMES GRi iVE is , %ii iBi is 1►►=:4 -------------------------------------------------------------------------------- —iR3077——NC1790 MAY 16 1985 11:52:20 05/16/85 11:5:{:►:►3-- 1 L015 OR004628523 MNf. ►271500 NO NCIC WANT DC►6/021034 NAM/HuLTZ, JAMES ►:ROVER ----------- ------- ---- --.--_---- --.------_----------a------------------------ a) ORO►:►] i ORO049 MAY 16 1985 11:5_::' 0'5/16/85 11:54:02 — _I OH FWD/ . OR I ; MNi ►:71500 , NAM/H►-iL T Z, JAMEIi; =ROVER _ J DOS/0-,1�► 34.SEX/M. RAC/W. F�L iR/f- — 0 ENE Of MEW(% Woo -- RECORDSit LOCAL, WPM, t•-'M up FO ; (,l''.i y i i i C fl 0I• 1 141 ;:. NOT INDEXED IN THE WK 17 r . -F: IOU EC41RC A SEAMY :!i- "is: 1DENi :EICATI N D ` I--0r• NILES, A F_NGL:1':!'RIN7 _,A!:. 1. END 1 I 1 JIMMIES LOUNGE Navarre 1-10-84 Fight/Dam to Prop July 22, 1984 unwanted guest Aug. 5, 1984 911 call 8-16-84 NSF Check Info 84-133 (C) #84-3539 #84-3812 (C) 84-40 21 L,• ,,\� \ ORONO POLICE DEPARTMENT 4 ,-4JESS. KEY CONTROI VUMBEA (OCA) CONT AGENCY NCIC (DENT. (CAGI DATE/TIME REPORT MADE of DAY: S M T T F S L NBR DATE REPORTED (RPD) TIME RPO (TAP) LOCATION GRID NBA (LGN) D r` ' • / - // - PLACE COMMITTED (PLC) ILNB N� SQUAD OR BADGE # ISBN) TIME ASIG. (TAS) TIME ARR. (TAR) TIME CLR. (TCL) L NOR ISN UOC 4 / •" / M R I 5 i[ ]/ �I UCS OFFICER ASSIGNED ASSISTED BY HAD Codes P - Phone R - Radio A - Alum I - In Persc IF - vMuen M - Mail T — Other I tAZ) OFFENSE OR INITIAL COMPLAINT ❑ OTHER PRINCIPAL: 4L COMPLAINT ❑ ORFENDER ❑ VICTIM a_. BUSINESS ADOREPS BUSINESS PHONE '.jr Li7'— 7't v 1'I HOME ADDRESS HOME PHONE I - OTHER REPORTS INCLUDED Impound ❑ Prop Inventory ❑ Implied Consent ❑ Accident Report ❑ Tees ❑ Influence Report ❑ Photos ❑ REPORTING PERSONC)OFENDER❑VICTIM❑ O.O.B. BUSINESS ADDRESS BUSINESS PHONE L - 1 f c k � HOME ADDRESS ' HOME PHONE SEE CASE FILE. ROLL CALL Warn & Release Dept. Assist Message Deliver Treated & T•ansported Advised Citation Issued Detail Completed G.O.A. eCe' ,e (`�!1 -o,f (Ls.,'c'i.� �q...a C+� a 6v� /� �dl>�7Cn�- /�r'I i t d S 7'4 `lh Q n��ti. v.: t � L G!JIt o .S o{, Ill LJ�P ' `�Z�Q l,L' ..dc.aJ r,JB� �•pn ♦'Ai+.��py�s /G1 r O sffVt� /n„IcT— a- - 0 N 3d har•�.s S - 8" S S- �5��. I�r--1 _ Er.'c l�r'ro.,T- 491" goo Olt 00 A List COPY TO: CO. ATTNY ❑ CITY ATTNY ❑ COURT ❑ CHIEF ❑ OTHER DISPOSITION: Unfounded Cleared by arrest Ref. other agency Inactive Other OFFICER'S SUPEHVISOR'S SIGNATURE ,v ORONO POLICE DEPARTMENT MES BEY C jTROL. NUMBER (VCA) CONT AGENCY NCIC IDENT (CA(,) E C 1 / Ql 2,9 �/ M N 0 2 7 ✓A1' Ti E R ORT MADE / _ 1/ �S 'y , L NBR DATE REPORTED (RPD) TIME RPD (TAP) LOCATION GRID NBR ILGN) DAY' M T W T F S F2-1/ Tzi02 , f ,V / Q! j- / o / / / PLACE COMMI`�- // /�'� M3 tl iN ql Z HAD Codes in n L NBR HAD SQUAD OR BADGE IE ISBN) TIME ASIG. (TAS) TIME ARR. (TAR) TIME CLR. (TCLI T 3/[Xl I ' / P — Phone R— Radio FFICER ASSIGNED ASSISTED BY LNBR ISN UOC VCS r A — Alarm I vj 1 — In Person C� ®/ / F1 I 1 1 /� V — Visual C� N R UOC —� CS �1 M — Mail r�7 L§J/ / 1 I I 1/�� T — Other OFFENSE D OR IN TT��AL COMPLAINT D OTHER PRINCIPAL. _ _ —Z'A.1 hoi...w COMPLAINT ❑OFFENDER Q VICTIM D D.O.B. BUSINESS ADDRESS —BUSINESS PHONE HOME ADDRESS HOME PHONE OTHER REPORTS INCLUDED Impound D Prop Inventory ❑ Implied Consent D Accident Report D Teps ❑ Influence Report D Photos D REPORTING PERSONOOFFENDEROVICTIMO D.O.8 BUSINESS ADDRESS BUSINESS PHONE GS/�v HOME ADDRESS HOME PHONE SEE CASE FILE — ROLL CALL Warn & Release Dept. Assist Message Deliver Treated & Transported Advised Citation Issued Detail Completed G.O.A. s� S Fits! /�1✓ _ ��;,€�.G ,•a•tr _ __ �'�ci+�;• �g �v_ C.ti��rY�_ � - �� v z e —1_ tis-:..�GL�_c__. ��t_ S�'t�f _���.1��--'� _ iL���4'1 _ dJus'-1�!?c .. G c>�'-�_�2•�.��A1�.-,---1�-�'f'°_� f�-+2 COPY TO. List CO, ATTNY 0 CITY ATTNY D COURT D CHIEF D OTHER DISPOSITION refounded Cleated by artest Ref other &WncV Inactive Other OFF ICE R'S SUPERVISOR'S SIGNATURE. Inter -office memo 485-069 DATE: May 17, 1985 TO: Mark Bernhardson, City Administrator FR.)M: Mel Kilbo, Chief of Police SUBJECT: Request for Special Event hermit Circus Long Lake Chamber of Commerce is request4_nq a _special Events permit for a --ircus to be held on the Orono School Campus on June 5, 1985. They want to hold performances at 2:00 p.m. and 8:00 p.m. Maximum tickets to be sold are 1500 per performance. They have received a permit from the school district and have asked the Orono Reserve and Police to provide police protection. T,jey have asked that one side of Old Crystal Bay Road "no parking" signs be covered for the day. This will be done. No liquor or beer will be provided or served on the premises. I would recommend issuance. APPLICATION PARADES and SPECIAL EVENTS CITY of ORONO, MINNESOTA 55323 Date: May 17 1985 Application Number Name Long Lake Chamber of Commerce Address P.O. Box 509, Long Lake, MN 55356 Location of Parade or Event Orono School District Campus (behind elementary school, next to high scriool football field) Name of. Persons and/or Organizations Handling the Event Long Lake Chamber of Commerce (Chairpersons - Jacki Hoover and Arlo H. Vande Veqte Phone Numbers #475-2219 - office Arlo's home - 475-3469 Performances at Date of Event June 5 1985 Hours of Event 2:00 p,m. & 3:00 p.m - Reason or Purpose fami Insurance Coverage yes Amount $1,000,000. Co,,,pany City Insurance Company Copy of Insurance Certificates to be Submitted with this Application. I am aware of all applicable State and other laws regarding Parades and Special Events and will abide by same. I also agree to hold the City of Orono harmless from all liabilities that may arise directly or indirectly from the Parade or Special Event approved by the granting of this permit. Fee: $25.00 / Sig atyre of Ap icant i Fee Paid: I RECOMMENDED: Yes Nc__ Date: �, 19 Ch e ck Cash Initials Office Use Only: Public Safety Director Approved: 1cs_ No Clerk -Administrator Remarks: 3- E4 1 �.. l i13'-%V :X .. .. i i '•-il_/, � ll.� E �Y �.l.n S'. IE DATE or - I 04-04-85 THIS CERTIFICATE IS ;SSUED AS A MATTER OF INFORMATION ONLY AND CONFERS PROCIUCEP MD RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, Frank B. Hall CU . O f TC x:,,, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 32592 - -- - - -in Antonio, Texas 78216 COMPANIES AFFORDING COVERAGE LETTER COMPANY A City InsuranLe Company — COMPANY B LETTER _ -------- - INSURE1, Fullhouse Equipment Co., Inc. COMPANY C dba ROLLER BROS. CIRCUS LETTER P.O. Box 130 COMPANY D LETTER COMPANY E LETTER ' THIS IS TO CERTIFY THAT POLWIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO Ilit INSUNt a NAMED ABOVI FOR THE POLICY PERIODINVICATED ' NOTWITHSTANDING ANY REr �MENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTA' : INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS, AND CONDI- TIONSOF SUCH POLICIES. F1..r r P4101.1 POI K_• IW110,� 14 IIARILI-. - _ � iMOUSANDS _) CO 3 TYPE OF INSURANCE POLICY NUMBER MII IMM,UU' r, M1F IM%4',W KI AGGREGATE LTR i ..,IRRF. NC E. 6, -.I NAL LIABILITY — $ $ A x WMPREHENSPA FORM GL1701434 03-31-85 03-31-86 IY _ x PREMIS( SWERAT IONS PNOPEAry $ $ UNDERGROUND DAMAGI x EXPLOSION & COLLAPSE HAZARD x PRODUCTSJCOMPLETED OPERATIONS H,AwU CCMIH NE D $1 000 $ CONTRACTUAL , , INDEPENOFNT CONTRACTORS __— a 1 BROAD FORM PROPERTY DAMAGE 1 INJURY $ s PERSONAL INJURYPERSC)NAL AUTOMOBILE LIABILITY ANY AUTO AL OWNED AUTOS (PRIV PASS) All OWNED AUTOS /UP�RPASS HIRED AUTOS 1 NON-OWNFO AUTOS GARAGE LU.HILIn EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORA! WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER { F,x*.r I $ n,tM iYk r -- -- ku" IRA KtJOf �-, : `S DAMAGE $ BiDMBMIED $ PO BINf U 1 $ STATV TOH. _. $ TEACH ACCIDENT) ASE POL ICY t IM M $ M 11k5E ASE E ACM EMPLOY DESCRIPTION OF OPERAtgNSAOCATIONSNEHICLES,'SPECIAL ITEMS ADDITIONAL INSURED: Orono School District #278, Village of Orono and the Long Lake Chamber of Commerce, ATIMA, and limited to the operations c Named Insured. nA'T'I.7 nL cnnT• Tenn S_ 19A% Ms. Jackie Hoover 1850 West Wayzata Blvd. Long lake, Minnea,c,ta 55356 4 SHOULD ANY OF TMf ABOVE DE ►IRAT" DATE THEREOF, E MAIL lll1 DAYS tiF-T,BUT FAH tIMAI OF ANY KI PUN T --^0 AU►Mf�Ntllf NI i'N . NIA' 't1iEC P 5 BE CANCELLED BEFORE [1i ISS G COMPANY WILL ENDEAVOR TO T HE CEPTIPWATE HOLDER NAMED TO THE 1. SMALL IMPc.K. NU OBL UATION OR LIABILITY ITS TSS AGENTS ON . PHfiENTATIVES'� a PER.•tIT FOR USE C: 'XILDING Orono Inc'ependent.School .District No. 278 Effective ���:r�e `�, 1985 f(0( inclusive. Issued Av it 16, 1985 Application of Lonq Lake Chamber of Commerce for use of Field behind storage s;,;eds on Wednesday �;.cept School H�oliduys if blanket permit in Schumann Elementary &Middle ool. Hours 5 - 10 pm. Permit Vu-,.�er� 13G has been granted suti2ct to the rules cf the Board of Ed -,cation. *Charges: 1 Day Circus Character of meeting Person in char-;,e quelyn Hoovt- Phone W 475-2219 *N-yable to orc:►o Ind. School Dist. n278 Attn Cornrnunity Education Director - � F-O-� ar4-,j Q-1e Comi-air.ity Educat on Director RULES FOR USE OF BUILDINGS AND GROUNDS The following rules shall be observed and the organization's supervisor will be held responsible for their enforcement. Smoking in other than designated areas is prohibited. The use of tobacco by children under 18 years of age is prohibited. Possession or consumption of intoxicating beverages or liquors anywhere in or on the school premises or site is prohibited. Diso erly conduct of any kind is prohibited. Suitable attire of a socially acceptable nature will be required. Any dama;f_s to facilities or equipment will be reported immediately to the school custodian on duty and must be restored to their previous condition at renter expense. Rooms and areas shall be left in an orderly condition. Commercial advertising will not be allowed in school buildings o: on school grounds. - Products and articles displaying brand names are allowed Lut auxiliary advertising is not allowed. - Commercial )res s, ed by a recognized community activity will be allowed but =isinc be held to the absolute minimum - The school does not endorse any particular pro_'jct and the association of the school and the product shall not be emphasized. Actual sales a:tivities are not allowed other thar, certain types of charitable organizations or school acti 'ties. An identification banner and/or sign may be displayed on school property no more than two (2) days prior to the time a non -school related function is to take place and during the conduct of tiw fl-nction to identify the location of such activity. The identifica- tion banner an(_ r sign must be removed within twelve (12) hours after the non -school related activity has concluded. Non -school related groups pny;ng the standard facilities fee may not use advertising bane , signs, streamers or otrer materials of nn advertising •cure on school property. The i,. building custod' p:onsible for erection and display of any identification banner and/or sign so e• one no damage to any buildings, grounds or equipment. The principal is au+r.,,rito act as the school's represFr ;attve in any cc.•se which is not specifically covered by their policies. Service of Food and Drink Luncl+rooms may be available for serving of meals by school food service personnel. Serving of meals by organizations' personnel or catering services will be permitted on a very limited basis. Food and drink prepared outside of the premises may be served by a group but the school district will not assume liability resulting from its use. Permission must be requested in advance and included on the permit if food or drink are to be served by on organization. Food and drink may be served only in lu• Arooms, cafetoriums, or other d?signated, appropriate areas. In cases where Food Services prepares meals for community groups, the price of meals will be provided to the Director of Community Education for billing purposes. The price of meals will cover both direct and indirect costs. However, the use of Food Service employees for preparing food for community groups should be discouraged, particularly on Sundays and holidays. When school kitchen facilities are to be used by outside groups to prepare food, a regular District cook must be present, costs to be borne by the organization using the facilities. Written Permits and Rules Governing Facility Use Written permits will be *--.ued to eligible organizations upon. _ompliance with the rules for application. Permits are not transferable and are restricted to the dates and ho-irs stated on the permit. At least twenty -Four hour notice i- required for changes, additions or can- ccllctions of a pc.-rit. Fu' -st noijr charges may be assessed any group if notice of a cancellation i_ ceived before this time. Permits will not be issued .vhen less than six (6) persons are involved. Unsupervised groups are not permitted to use school fa:ilities. Consequently, the group leader must be present and is the responsible adult at all times during the hours the buildings or facilities are not in use. The group leader is also responsible for related areas used by group members. Permits are issued for a specific area, including only the nearest drinking fountain -nd lavatories. Entrance to and exit from a buildin3 will 6e through the sale doorway. Only equipment specified in the permit will be made available to the group. Use of equipment belonging to on o-g-;nization must be requested and app-o:ed on the permit and removed immediately thereafter. A it GIN&GUS ForYov, Brought To You Uu: LONG LAKE CHA11BER OF C01-HERCE Appearing: JUNE 51 1985 - At: ORO' l SCHOOL CAMPUS shouwtimes: 2 l.m. & 8 " save ZO% -- _ _ BUY TICKET A LONG LAKE PROFESSIONAL BUILDING;_ STATE BANK, 01' LONG LAKE and StYDE:R DRUGS V01olmlER �, BIR04sm -7 Interoffice Memo 85-071 DATE: May 22, 1985 TO: Orono Council FROM: Chief Kilbo SUBJECT: Trapping Permit Mr. Carlson has applied for a trapping permit to remove beavers from his property area. Beavers are trying to dam up a creek and are cutting trees within 75 feet of the lake. DNR agent Jim Conrad has given Carlson permission to take beaver as they are causing damage to property. All landowners within 500 feet of the trapline have been notified of trapping request and have been asked to respond by 5-22-85. We have received no response from land owners, therefore, I request a permit to be issued. OrRONO POLICE DEPARTMENT MESS KEY CONTFOL r:,.A+BE n IOCAI _ CONT AGENCY NCIC IDENT ICAGI DATE/TIME Pf PORT;MADE E C 1 / Lt�L NB1+ DATE AEPCRTEO IRPD TIML RFD ITRP! LOCATIpN GRID NBR ILGN► AY: S M T WF S U / CQLI1��7$'1 ' / �� PLACE COMMITTED (PLC) _ nZ HAD Codes N m L NOR HAD SQUAD ORTCADGE Iti (SBNI TIME ASIG. (�TAS) rTIM.E ARR. (T1AR)1 TIME CLR. (TCL) n E:J- v I / I I / L�1�L-J � 1I / P - Phone R Radio "t - _--�-y — A - Alarm i L NBA ISN VOC UCS OFFICER ASSIGNED JASSISTED By I1��� 1 1= 1 n Person Z �: L_NB / C M - Mail U/ _ _ _ _ T -Other 1 OFFENSE ❑ DRIPWITIAL COMPkAINT - OTHER PRINCIPAL COMPLAINT 0 OFFENDER V IV M 0 O.O.B. BUSINESS ADDRESS BUSINESS Pr10!.E HOME ADDRESS i HOME r -Gr4E — r OTHER REPORTS INCLUDED Impound u Prop Inventory ❑ Implied Consent ❑ Accident Report ❑Teal ❑ Influence Report ❑ Photo$ 9 REPORTING PERSOnI FFENDER❑VICTIM❑ D.O.B. BUSINESS ADDRESS BUSINESS PHONE HOME ADD ESS I�/� S H':.:E PHpN� 1/,. i//{r•►al (ar s ASS Arcs- � Y7a - 01 SEE CASE . FILE R 0 E L CA L L Warn & Release — Dept. Assist — Mel Advised Citation Issued— Del sage Deliver { Treated & Transported ul Completed G.O.A. COPY TO L .I CO ATTNY ❑ Clfv At1NY D COURT O CHIEF DISPOSITION Unfuanded Cleared by arrest Ref utt,el aWiKy Inact,ve Other OFF ICF R'S SUPE kVISOR'S SIG►vATURE APPLICATION LIMITED LECHOLD TRIP PERI,iIT DATE: , 198S- ApI•lication Number: I ,.e • - �. .1 d1 & 15 Address: Location of Trapline: / Number of Traps: Maintenance procedure for trapline : C- ec k Period of time needed for pTermit:,.,_,��•,a_�'�- 1� Purpose ( Include written s IT 9 4 o fbN statement of hardship) ILU % �►. t ! J G to .. e &A SC, . r. G do c /k c ►cP [. c- 4- v . _ 4r4 4 CA V'r d 0 � S"mac /tiw - I agree to furnish a certified property owners list of property owners within 500 feet of trapping area. Property owners will be notified of application. I aprpc co abide by all applicable Federal, State, and Local Laws inc'_.c.ing ordinance 232. Fee paid: Date: S o 19�' Check Cash 1 Initials S r I C, Signature of App can RECOMMENDED: Ye s F--] Nn I ---- Public Safety tirector APPROVED: Yes [_] No [__� y Administrator Certified list of property owners within 500 feet of your trapline can be obtained from the Henn-vin County Property & Description Office, A-603 County Government Cc-riter, downtown Minneapolis. RUN DATE 04/26/85 BATCH 009 38 06-117-23 32 0002 PROP ADDR 00405 NORTH ARM OR OW17ER NAME LAKEVIEW GOLF OF MIKA INC TAXPAYER LAKEVIEW GOLF OF MIKA INC NAME/ADDR 4520 W BRANCH RD MOUND MN 55364 38 07-!17-23 12 0003 PROP ADOR CANER NAME HARRY H BROCKOPP TAXPAYER HARRY H BROCKOPP NAME/ADDR 5450 THREE POINTS BLVD MOUND MN 55364 38 07-117-23 12 0006 PROP ADDR 00860 FOREST ARMS LA OWNER NAME J A P DONGOSKE TAXPAYER ROYETTA I MARCOTTE NAME/ADDR 860 FOREST ARMS LA MOUND MN 55364 38 07-117-23 12 0009 PROP ADDR OWNER NAME FISCHER DEVELG"'ENT CO - I TAXPAYER FISCHER OEVE.I.OPMENT CO - I NAME/ADDR 6801 W 150711 ST APPLE VALLEY MN 55124 38 07-117-23 12 0012 PROP ADDR OWNER NAME FISCHER DEVELOPMENT CO - I TAXPAYER FISCHER DEVELOPMENT CO - I NAME/ADDR 61301 W 150TH ST APPLE VALLEY Mil 55124 38 07-117-23 12 0015 PROP ADUR 00895 FOREST ARMS LA OWNER NAME L A C BRUEGGEMANN TAXPAYER OREN/CHRISTINE BRUEGGEMANN NAME/AUOR 695 FOREST ARMS LAME h"ID 194 55364 HENNEPIN COUNTY PROPERTY INFORMATI0N S/STEM PROPERTY OWNERS LIST 38 07-117-23 12 00^1 LAKEVIEW GOLF OF MIKA INC LAKEVIEW GOLF OF MIKA INC 4520 W bRANCH ROAD MOUND MN 5536,4 38 07-117-23 12 0004 J G FERRY A M S FERRY JOHN G FERRY 9541 FIORTLA140 AVE S BLOOMINGTON 'tt1 55420 38 07-117-23 12 0007 E A I GEYEN EVERARD A GEYEN 2939 HAZELW000 LANE MOUND MN 55364 38 07-117-23 12 0010 FI`.CHER DEVELOPMENT CO - I FISCHER DEVELOPMENT CI - I 6801 W 150 fti ST APPLE VALLEY MH 55124 38 07-117-23 12 0013 00855 FOREST ARKS LA C A C CAPLS014 C A CIIARLEEN CARLSON 855 FOREST ARMS LANE MOUND MN 55364 38 07-117-23 12 0016 04265 FOREST LAKE GR WILLIAM F MORGAN ETAL HOWARU OLESKY 233�s6 PARK SARRENTS CALAbUSAS PARK CA 91302 REPORT NO. PI435401 PAGE 29 38 07-117-23 12 0002 00975 W:LOHURST TR A A L SCDLRCIAN A A L SCULPHAt1 975 WILGHURST TRAIL MOUND MN 55364 38 07-117-23 12 0005 00830 FOREST APVS LA G N PRICE A J S PRICE GREGORY N PRICE 830 FOPEST APMS LANE MOUND MN 55364 38 07-117-23 12 0008 FISCIIER DEVELOPMENT CO - I FISCHER DEVELOPMENT CO - I b001 W 150TIl ST APPLE VALLEY MIN 55124 38 07-117-23 12 0011 FOREST ARMS INC JOHN C A MARI0N BURCH 4265 FOREST LATE OR ORONO MN 55304 38 07-117-23 12 0014 W A P A OUHGOSKE aI+ES A PATRICIA CONGOSKE P 0 CO'{ 58 NAVARRE MN 55392 38 07-117-23 12 0017 00920 FOREST ARMS LA R A R MEAKIN:: RUIN A MEAhINS 9,O FOREST ARMS LA MOJNO MN 55364 t RUN DATE 04/26/85 BATCH 009 38 07-117--23 12 0018 PROP ADOR 00915 FOREST ARMS LA 01:t1ER NAME MINN FED SAV / LOAN TAXPAYER MR LYNN 0 ADAMS NAME/ADOR 915 FOREST APHS LANE Mot INU MN 55364 38 07-117-23 12 0024 PPOP ADOR OWNER NAME FOREST ARMS CTRY CLUB ADDN TAXPAYER FOREST ARMS COUNTRY CLUB NAME/ADDR ADDN HOMEOWNERS ASSOC INC 960 FOREST AVMS LANE MOUND KN 55364 36 07-117-23 21 0003 PROP ADOR 00995 WILDHURST TR OWNER NAME BARBARA J K05CH TAXPAYER BARBARA J KO CH NAME/AOUk 995 WILDHURST TRAIL MOUND M11 55364 PROP ADDR OWNI R NAME TAXPAYER TOTAL BATCH 009 00027 NAME/ADOR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 07-117-23 12 0022 04250 FOREST LAF.E DR P06LPT F UOI;GOSKE ETAL ROUERT F DONGOSKE 4250 FCREST LAKE OR MOU11D MH 55364 38 07-117-23 12 0029 00860 NORTH ARM DR R A J DAVISSON RONALD A JUDITH DAVISSON 8bO ►1 ARM UP MOUND MN 55364 38 07-117-23 21 0004 00997 WILDHURST TR C E BOEHM & M A C BOEHM CHARLES A MARY ANN BOEHM 997 WILDHURST TRAIL ORONO Mtl 55364 REPORT NO. PI435401 PAGE 30 38 0--117-23 12 0023 FORES' APHS CTRY CLUB ADDN FOREST ARMS COUNTkY CLUB ADDN HOMEOL:11ERS ASSOC INC 900 FORLST ARMS LANE MOUND MN 553b4 38 07-117-23 12 0030 00875 WIttOJAM1fER LA KENNETH E VOGEL ETAL KENt1ETH E VOGEL 875 WINOJAtt:tER LANE MOUND MN 55364 36 07-117-23 21 0015 04455 WEST BRANCH RD F A F GNAUCK FELIX A FLORENCE GNAUCK 4455 WEST BRANCH RJ MOUND hN 55634 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARIME14T OF PR�RTY XATIOtI, TO THE EiES' OF MY KNOWLEDGE At. BELIEF'. (1 i UATE I A BY 1 \ • C, f`�- [�!: i i. 'tee! ' • s�b '� ; \+'• ♦ •mil N5,Nc° �.. (�1� `� y, , ,' r F '?s,, g •- 4.�irl fie ; `' � s5.��, • e� = - � � ` c� ,< 40) A FAY ET E ww f �O . \ •` t�i (� �5��`' �16; '4 ''� r •�� S 3 ,i' 3 S s - � � � y��Y\, �j/�1J Ilr 1 ~ sY a: � r� `r<.�� . �(�i! ` sc •, k• o -- 1 �'' S .�..' - - - � 1 \ `+� ds �- f �`) ~�i.Tl• as � r � �� .� \4. � ►'•I \ r r.. 14 D —4 •'r- -j Baia �'�.•ti a cJ, �i f• }. — s t�. .�•_t•: ' e _ r ?f: c•' /ff 40) 5 • na\j -�. ,, ,t. rII LAKr s - f ` DR r - -1 �'•'DJ�y ~ L� ` g. ° V� i �. 7' ems; - �.� — a: 1 9 -- --o - ► - •� � � �,CM �r�/';;tl / iatl a •M1: �� 161 Telephone. d,:I- Ila I)is patch: 5 City of OR.ONO Post Office Box 86 • 1"-Ystal Bm,. Minnesota '1',:123 • Municipal Oth((-, On the North Shore ojLake Alin netonka Police Departn Font RR 5llillnk% Itn tr Long Lake. MN C-6 .•„�, M.11. KILBO Chief of Police May 13, 1985 Dear Property Owner, Mr. C. Arnold Carlson, 855 Forest Arms Lane, has applied for a one month trapping permit along the shoreline of Lot 49 of Forest Arms addition in Orono. Beavers are cutting down trees along shoreline, endangering dock and boats, and causing erop' • of the shoreline. The D.N.R. has giaen permission r:;r the trapping. If you have any objections, to the above address. This the Council on or about May Sincerely, Mclvin Kilbo Chief of Police MK:sb please reply by May 22, 198 item will be considered by 28, 1985. c�ga.,3 e.,y. .... ;t?:I S.IC1"ISE APPLICitT101F Phone. e7]-7);7 All questions r:ur t be 1nst..Cred- License fee, bond, certificate of insurance_, and evidence of MPCA Certification or Home Sewage 'Treat- ment Workshop attendance must accomp,:,1,, this application. All appli- cations are subject to a ten (10) day approval period. 1. Business or trade name bo-e a4-mlICA- 2. Business i:ddrens GS0I Cc--, a.4 I 1nk[c'J«c( lti,N 53 3. Business phone �7Z — ClUG, Residence phone <<7t4. f oc Name or i apr�lic� nt .orecomra;�y rct�resentrtive } olcina vatic: 5. Type of certification held: ✓fnsLall.er Pu;,:per j Site evaluator System designe• 9, i Is this a Provisional Certificate? CERTIFICATE N0. G . If no Certificate is held, provide evidence of attendance at one i of the On -Site Sev,„� age Treatment Worf•.shc- hel,? imediately prior to the current construction season. 7 Have �o,l v ? 1 ' • ) e er it: a a Septic System Installer license in Orono I before? trO*"— h;ost recent year_/ 13 8. Have ,,,ou ever had a license revoked? N/O When?t:he:e? SUB}ITT..LS Pr ---... - .._....---._._... v/ •..C�UI:�ED: $25.00 license application fee. 2• $2,000.00 license and p- --it bond naming City of Orono as obligee. The State Plum. s P..cnd will not be accepted. 3• 510-50-100,000 riinimum Certificate of Insurance. Copy of current MPCA Certificate or eviderce of attendance at On -Site ^wage Treatment Workshop he:' imfrpdiately prior to current construction season. LICENSES E'ILL NOT BE PROCESSED UNTIL ALL ITE14S ARE SJRNIITTED. List F/^rsons other than aNplicanc who are authorized by you to apply for Permits under your liter ��- ('Cep - � „" C `/�..&- 14„},:C r— The undcrs:yr• hc,cby awkcs app:iCation to t..e City of Orono, Minnesota, for license ►v inst4ll and repair Septic systcms, and/or pump out st.ptic tabks• subject to the Is's of the State of Minnesota and tt,e Ordinantts of the City of Orono. Applicailts si•Ina. .re staff tec4.+-.,end, ,roYJ3: C k Reason for �lh •i' t/ Catnt,l ', t .,• � �•. /.{. rc,rc•. to S,at! Stct,. .. , .::. 'CFI ICI:. USF: ONLY CITY OF ORONO License Year P.O. Box 66 Date Received.�d.gY Crystal Bay, MN 55723 Fee Paid y5,0 U Initiaisls , 473-7357 Teeup f GARBAGE a REFUSE COLLECTOR'S LICENSE APPLICATION The undersigned wishes to operate the indicated business in the City of Orono and herewith makes application for a license to do so. Business/Firm W 3 rext Kd ill vi rtf rIe AI Address f?G &&e r1-/ Al qy gjY4E 6t/i �' 45�91 (Street (City) (State) (Zip Code) Business Phone Number � -/�779 Applicant's Name )SJffA' R0C-6 Address 3/dG ISLBNo V,Gw 2R Phone Number Check One: ✓ Individual Partnership Corporation Number of Vehicles to be used in Orono Description of Vehicles (attached list if more): Loaded Loaded Year .. 4r. Gross wt. Rear Axle Wt. size/Yards License Number Z Nt a?,V&e 1e,6e0 rY iV-'7yaSY General area of City serve:' A'N ✓/IRa6 i drd68 Schedule of Collection charges/ dates J'.% Me. Approximate number of customers in Orono Location of dumping area C#Al AKA _ -------------------------------------------------------------------------- IN ORDER FOR THIS APPLICATION TO BE COMPLETE, YOU MUST ENCLOSE THE FOLLOWING: Surety bond in the amount of $l,DOO. Proof of insurance in the amount of $100,000-$300,000-$50,000, and 10-day cancellation clause. Annual fee is a $30.00 flat rate fee, plus $15/truck, and a $30.00 transfer fee (if applicable). -------------------------------------------------------------------------- I am the owner and operator of the above business and I have paid all license fees and �^tya7xxpa required by law. The above information is correct. (20k �C�ti��� 4114-AJ/ AppYicantu Date -------------------------------------------------------------------------- FOR CITY USC ONLYs After review of application, staff recommends: _ — Approval Denial Other (specify) Signature of CITY Official INTEROFFICE MEMO 85-072 DATE: May 23, 1985 TO: Mark Bernhardson, City Administrator FROM: Assistant Chief Burmaster SUBJECT: Solicitors Permit (Reissuance) We have conducted a recheck of records regarding the solicitors permit application of Discount Flowers, represented by Alan Leroy Penke. Our record checks indicate Mr. Penke as being "clear" and we do recommend reissuance of the permit. License No. 9 e APPLICATION FOR SOLICITATION - $20.00 fee aT��11— Date Received �t i* 1 7 Y Date Expires CITY OF ORONO 1335 BROWN ROAD SOUTH BOX 66 CRYSTAL BAY, MN 55323 n Organizati J�Ayt�..,,.,/� �.✓L_ Phone •0!7 & - SI M Address: M73 IL&K ja:L� rAb"f" 0 wsll r Representative: at 041L Phone 74A P Address::a� Check One: Business Solicitation )4, Contribution Solicitation Number of People Solicitating within the City 1 Provide list of Names of Solicitors on back off /this application. Type of Product to be solicited (_.�,i( l�{ PERMIT EXPIRES 60 DAYS PROM 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 SUED 5(a). -------------------------------------------------------------------------- ORONO MUNICIPAL CODE REGULATIONS ON SOLICITORS Subd. 3. Prohibited Solicitation Practices. A. It is unlawful for any solicitor to engage in solicitation for any unlawful business or organizational purpose or activity. B. It is unlawful for any solicitor to practice harassment, nuisance, theft, deceit, or menacing, troublesome or otherwise unlawful activities during the course of solicitation. C . It is unlawful for any solicitor to enter, or attempt to gain entrance, to residential premises displaying at such entrance a sign with the words "Peddlers and Solicitors Prohibited" or "Solicitors Prohibited". D. It is unlawful for any solicitor to refuse to leave business premises when requested by the owner, leasee, 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 additiona l,.,requirements the City staff may have. Signature of Applicant: --Date_ Z-- FOI ITY USE ONLY: After review of application, staff recommends the following: Approval of application Deni e�application `, .. s-a3 Rr Signature of City Official: -f-¢ f Date: Assr. Signature of Pert-- Chief Date: NAMES OF Name• Address• a� Phone: G - License No. Name: Address Phone: License No. Name: Address Phone: License No. SOLICITORS Name• Address: ; Phone: License No. Name: Address: Phone: License Name: Address: Phone: License No. (If additional names, please attach list) ORONO POLICE DEPARTMENT MESS KEY CO(iTROLNVMBF RBI CA, CONT. AGENCY NCIC$DENT ICAGI DATIll"I Rf FORT MCOf • E C 1 / - Y K Q I/ M N 0 2 7 DAV S MITIW T F S L NOR DATE REPORTED IR�POI TIME RVD ITRPI LOC ATiON GRID/iBR ILGNI 2 / OS �- ail O $J I / / �_-�—r-LiA�J// PLACE COMMITTED (PLC) L NOR Xq BOUAO OR BADGE p ISBN) TIME ASIG. tTAEI LIME ARR. tTARI TIME CLR ITCLI 0/�/ NBR --,ON VOC UCS OFFICER ASSIGNED AS57TEDBV n/101/ I/7ZF1iC-rl VICTIM❑ I DOB. I BUSINESS ADDRESS Im~is [311.1 InrFnEorr O lmw$F! CSNmt ❑ AaIOFN %*NYI ❑TFn ❑ Inl$u•^r• q•oon ❑ Phoro• ❑ REPORTING RE RBON❑OE FENDER [:)VICTIM o.O• •USINESS ADDRESS F-fr-E! PQ'1 •"�J ��' ^ r01�- mom ADDRESS ❑ SEE CASE FILE Q 'NONE ROLLCALL Worn d Release Dept. Assist Mestage Deliver Trested 6 Twiconed Advised Citation lswed Devil Completed G.O.A. /<j.({.� �S`-3nS orisin/j w!/ iSsu.-Ict ^.,S car ro - L'•' CO ATTNY ❑ CITr ATTN♦ ❑ COORT ❑ CNIfF ❑ OTNEIs DISPOSITION VRtonnded CkareO Dv +rrnt fist uth roan^ IRacun_TOther Of FICE R'S I SUPE R VISORS SICNAT URE s SiJS° _n^r/�o`'_uml :7^Me J I1 Tiff; ..�rl 721@ YYf IL �ltEiIN6 I10-1 11 7Pi n 1. uurL_ it T*is.'; rT,.;; MAY 2819@5 Fc-u" 17 it�r >> v"uoEK J „ ,1.3 .') 17 is ' CITY OF QWONO .4•___—F4 u it ��..� TJTSL c,:A A y,, C = r •�. F = CO-'-7. 'V=.LTA C:'+_ 31 9 hill ILL- t __TV , ..'r. . r•T•l . J1V SR '�jS Sd ti:, ER°/AL LOJ 3 •i,'a jJ'i �_ S1 14686.17 1152912 ----- +-.'.o'I 5323 42 5 1Ai•"7 _.•. c'tJSJ ME 1L 2?31.12 2?1?*'2 .1 32:':n :A 31 1: 1Y.1,5 586•T0 ...___. ... ,,-: �K •.:aS JF 42 1Z573,39 1124*43 ..�.+;*.A 40 31 1523a.°1 1199.44 C -,_. :�< i8 S1 134E+•59 1156 .4J IL 7q 31 3431.10 711.47 E .:K'•). :J 03 246•/5 92.21 - _=':K 31 1°'3' 55 7255 .'4 F=172E°J JM 31 144TI._1 1736.74 04F FR�-J S3 11:17.4' 1:J4.64 G.L LO J° 74 41.13 41•13 6%+tAA03.01 J? 42 14)12.15 1365•S4 i A FN 9U IST 440 91 5449.0 7.70 J RC)O;r .10 42 1.475,6' 174 T•45 (i::FF:T+S sE 31 3534.77 46.911 tl-LLif. JM 12 9177@53 753•.7 6='1SL4 SC 41 1..21.33 1103.31 u=:rS l'IG ')J 31 2'91946 2J1.49 14 VIhf. Ja J„ 176'..33 9J043 i :)'JS 7' S. 1S, 76 PS•_4 J-�'B3 "J 33 1`214.16 72'•55 J JN'7S 4J )J. •'J J•:C. i; 4%9; 084 °° 31 13247.36 1152.12 K:LPJ 44 31 16122.24 1471#30 K:n.3C7JK v S1 11111.93 1233.74 -- K'IUT,iq'J .; 15 7567,97 472.23 K L_IN TN 15 14.; 62.4R I234.72 _- LLTTT4 JC 15 4961. 29 217.52 T4 JA 33 13393,68 1?21.40 V 441jEL ;V 9). 2418,66 162.40 3:61J AV 1_D J) 1ti 2S,24 1'5t•52 4c ZYN .l 31 13134, ?is 1?S4 , 74 4.� 'T 61 4J31.3e )7:•1J _ 4..1� TL 17 61682.11 617.25 73 223.il 894'0 S3 444'. 10 424 .7J -- P='-AS^F _ 11 14241 1'11,+7 r.T--I J0 -a 71 5z+.1 64. a=iVJ :+J 12 111t.72 65.75 - A'J.'aT ♦A J2 1-365.01 1)25.38 °JYCRaFT = l3 44ji •:l -35 JJ 4L 1..'46 .74 11 JS. 11 - - �-. 3T1: a Ie _ • ' CT T T CF .A 7 14 :MPL-110 144E )IV G?9S5 .R7Sc EXo/ALLO/ SXREEY 9S 42 1 G:88.53. 1J71 SLIGO SR 93 311.67 149.5E S"ITH JR'12 1:327*16 '44.?4 5%'x FEA 4A5 RE 93 IL556.39 163.:_4 STEVCNS 9G 93 575.76 335.38 3'J(TJV =E 12 4745.2U 513.13 �. THI_S 9R 9: 127.5^ 127.53 T 3MC ZYd "V 31 13435.13 I15?912 C3 UN GPA•1] 41,433.2.i _ 5 PAID C:u.51 TOTAL ^''.59 T:T-'L TOTAL FI:4 T.R an O.S 2Sr332.67 - LCYdRS FI=A A vPJUP 4E404 LP, 9 FFY,,;::::.1•i 4q Mt4 =LU+ C ^ ULU: :1)t3 /SLUE W.-LJ O = H:JIC+L CENT=3 °LAN _ = PPUISi,':AL F = CCJQC. +EALTH CAP,- I = BI%KEA! LIFE '• J = MUTUAL .:EWCES S = MUTUAL _c 74A44 - L = (:1-L 7Y:._12 H:VcFIT _. M '1 = vACILL'T E:T:L -— C = Li A.1U: 1F �.ITIES -- 2 4"bLT1 :Acf 4114T ACCT. M:. .:vv HC1:, C13° Fhi Slr[ '4>L$S .-_— 1921 CITY OF 04000 CNECK RCRaTEN CHECK NO. DATE AMOUNT YE Noa (• . 14e006 05/23/6S 152.95 ACRO•MIOWSOTA INC 13Z.9S 148009 -- 05/231f5 3.464.30 " ALLIED SLALKTOP CO ( . 148909 05/23/AS 4.464.00- ALLIED SLICKTOP CO 149000 011/23/65 4.464.30 ALLIED BLACKTOP CO _--_-198.3O ( tt OW4 01,/23/e5 AW41CAN SURPLUS --------------. are.00 A -------- .f--IafOla - 01111111 - 10 .ST--- ANCNOR PAPER' 169034 0s/23/tl 11.24 AMMON WIN St$USA GS/23/45 20.67 44CMIN PAPER T69034 - - (IS/23/91- - -- - 155.73-- AMMON PAPER- 1 11fOS4 OS123/65 4,.68 AMCR)R -A-CA 118034 O5/23/45 1.31 AMC10R PAPER ItfD4 0fZ3/65 1.19 - --- &NCR)N PAPER"- ( 190.79 . "JJJ +_I_- 14e06s OS/21ISS 13.33 SL4:NOYIA4 6 SONS NO065 OS/271 AS 33.90 - SLACRONIAN-A WAS 4 r ".Do 1400A7 05/137eS 74F.11 BURY 6 CAILSON INC •� 149091 DS/23//5 t4O.9S BUTCWES BAN 3UPSL1 163.95 p4� '.y 14NU97 DS/21/9s 796.72 1.1ITIL CITE DIST 4 t96.12 A H 14K117 OS/21r65 550.10 W.004 COFFIN 350.50 OFF EOOIP E9UTP RENTAL - EQUIP RENTAL EQUIP RENTAL -- - OS4h33 PAGE 1 ACCOUNT W. INV. A P.O. I MESSAGE 01-45 W. 129-31 I•� •••-e53 I. REARING Am 01-4221-126-31 -� OFF SUPPLIES 01-4210-039-1Z OFF SUPPLIES 01-4210-OS9.14 ITT SUPPLIES 01-4210-069-IS OFF SUPPLIES -01-4210.174+75 — - - -- OFF SUPPLIES 01-4210-249-41 ~t OFF SUPPLIES 71-4210-STS-90 OFF SUPPLIES - 7"270-590-93 --- - - • MNr BLO6/ODS 01-4343. 099-17 BAT BLDGISOS -- 71-4343-315-w--_- •f 51 Mlr Sur 91-4213-249.41 •..-ERa Rig QUACK 71-4620-$15.00 t •...CBS l 114E PURCM 71. tN1 $. 515. 93 OTNER CONSULT 01.4106-099.Ir ♦. - 1461 NO 95/2I/R5 10.00 COLONIAL LIFE INS CO NElty" IM4 L ❑-IIS1-12A.11 •••-CMS T 1625 CITT OF ORONO 146130 05/2l/l5 CRCX RESISTER COLOR I6L LIFE INS CO HEALTH INS Os-2FR PANIC 2 01-4131-125-31 . 145131 05/25/53 3P. TO COMMCNGI6_ OL01 NMI JANITORIAL SCAO 01-4540.000-12 AN 149131 415/mIS 225.60 COME•CIAL OLDS NMI JANITORIAL SCRS 01-43N-120.31 611130:. _ -. ...._-_ 148133 03IZ3145 6.30 COM-M!Y SALES TAX SALES TAN-APR2L 01-3500-030-00 "'• n 146133 05/23/85 10.00 CORM-.EY SALES T41 SALES TA NAPA7L 01.4231441.42 + MT33- EMN-AiY SALES lu - --SAILS TAXdPRit _-- '41-22ib000.00--"" -"--"- "- 14s133 03/23/1S 2.64206. COMM-R!Y SALES TAR SALES TAX-APRIL 71-1222-000-00AN 141133 0S/23/15 451.33 COMM•R[Y SALES TAN SALES TAX-APAIL 24422E-000-00 ... ..ta .'No 149/4.2 05123/63 171.11 con OUR PAT INC a2. SUPPLIES 01-4210-126-31A. 1 ---- .AM ...... ---Cgs -141146 0512! '+ - - -- 71.60--"- COM.MSICY!A TRANS OTHER IPPR 23-1530-351-Cl - - -" • 148146 OSlaw.. 20.20 TRAYS ADVENTISTA6 ri-t 123-390.51 - --COMISSIO4E4 f1.1v . -- .- ..Cgs - 11:::: 1 ttlH6 05125/83 0S/tS/H ].50v.70--"- 3.309.313.30f00 met, — - !RICNf01- ASSESSING SERY . 01-4307-OS 14 -- --" . YS AT 1. St3a 0S/23/15 15.64 ENRICH OARIM c0 COHC RESALE 74-4802-SM-93 +. ...... N .R..Cq •" . H2S1 1/23/e1 47.56 4T.56 GLEYH03D INGLEY000 UTILITIES Ot-t 124-JN-ti �•'�� •• I.9161 a5/23/15 26.40 641005 SCEA GIST MEER PUNCH 2MH1S-5.0.53 �' 26.4a • •' N ...... - ...-tts --A • 146l64 0.3/2l/12 62.15 MAMAS .OIAfO CRP CONE RESALE 24-4102-S50.91 ... et.1s . j �. .....• •..•CMS -- 1•• 115291 C3/23/63 606 HALLI423012THY RLCA&C 21-Utl•J1h 12 1 _ �7 Sees Olfy of OM011e CM[CN ecesf)co a CM[cK No. O6Tc _ .MOUNT sCeOa ITEM AN --'-- : NaeS mans Ise.lo ME" cry FIN oly ___ _---._-_- - Ise. 0.�-__ t` at COMIC .•I NNAO 0/23/11 69.e0 HIM cry SN[o IFF OPT JAIL CMO[S - - - r 69.10 lams_. __0512310s__- ._. 56.g0 ____ INrETMaro[y[MUE___ __ FCO TLI'STAW 85-13 142553 0s/a/el 26.30 lsrt%NL 1CIr MUC FES TAN II6R9 13.15 /6.90 SNsa'- _- -010231e5 - 11.37'-"-"- J1COefGTon -- "-'-- COMF/SCHOOL/ - - 1.1563 OS12312S S.r6 JMCOOS-TOR MILEAGE 16.1t :. 119339 P5/21105 19.07 N1LR0-R[1.0I4 ,. 19.33 . 1.1f91 05/25/1% sl.re gVM9•TROM6f -.. 1.9397 03/71/11 3.76 MVC.N-TMRtS 1a139r OS/23/a 1.65 gv[e N-TMt96s 6109 . 11#616 OS/a/IS ?M.So THE L64g . 111604 Cl/2!/as 10.13 THE LANE* 1. 16J6 CS/11/1s 116.60 ME 0KC9 223.63 . �y N8422 a22slas 110.00 LEAGUE OF wR CITIES 19Na rwis/11 400.00• LEAGUE OF "*CITIES '--lamas C3/2300s - 690.09 - - LEAGUE OF N1 CITIES 144683 0stIves a00.0e LEMY[ OF M CITIES rS0A0 -166431 C5/23/11 1e2.00 LOGIVSUITC 370 N Nlf Cs/2s/e5 ........... . MEETING [N TMAVEL-RILUSE TV YCL-MTLE6m MI6 YE L-M ILEA eE rMTGIMUBL rMTS/FUBL ANERt ISTR6 L.0 .+Nuu COW .E.R(•S.iF NTNEE.SMIF .E.RE M SF I r }'6 09-211.85 rAU f 16 01.67Sh010.0 71-6)e7•lSf.e0 -- T6-6113-590.91 01.431M19M11- -- 0t-ue1-v6.11 C1.6336.129-31 Ct-4311-06M 1 S 12-631t-SN-91 r1-6 31f -769. 92 01.6322-020-11 01.6 T72.a I0. I I r1-4SJ3-S1S-90 6a61ss-J1ru n-6 3 w-ego- 11 C 1.63-a0-I I C1.61Ml0-020-11 ....CAM Cgsf ..as -. -Cgs y ...as »� .MT NAME[ Blame an C1-6140-019.12 -- -- .1... .-ML. .2. -L•........ •.. • .NO 1053 CITY OF GROW CNECR REGISTER 35-281 PAGE G CNECR R0. Mf[ AMOUNT Yl ADO\_ [TCR OOCRIPf IGM RCODUf MO• INF Y P.O. a MESSAGE i • 144411 03123185 21116.26 LOUI$fSJlf! 320 AORIff-AIRIL Ol-RIS2-000.15 146435 U.S/2l/ss 1,060.11 LOG/tf$UtfC 129 DATA MOC-A►RIL 01-A]SS-OGF15 —/1'R"Uf--0f/21/IT iS.tt"— LOatf7iYlf[ 320 - - '(61i1'R=iFRIC----'-72:U ]SSt7:01—--' ,•i L • 14445S 05125/63 21.30 LOGIS/SUIT[ !21 OATA PROC-APRIL 12-4115-549-01 AN • :NUS OS/IS/es 79J1 LORIf/lUlf! 120 UAIY-APRIL 13-4352-569-02 ass— 05/21/e1-------'22.61---- -LOGIf/SUTTC 320 DATA PROC-APRIL-'--- T]-USs-SGWW?--------------': C . 1005.42 . IT , „• 1664 US/2]/Gs MIRA Cltr 0. MIS LASE ROOT KOe 01.4312-129-1t _-- - -- --- 1494Q 03/23/6S 143.19 .ARffgs AAYARRC GG NNW AUTO 01-4341.119n1 "• N ..•... ....M� R[RN OS/2f/H - 2.293.16 R, TRO YtA!/'f[RY'----- OTNM tGG[IR. f- 01d10G:17477--"-- 2.rvLfe 1�, • 1.9674 05/23/es 11.131.45 11.531.43 . NETAO JASTC CONTROL NYC[-JURC 13-t2e2-000-00 - - — ---- M -- -- •' __ •'«. IRANI as/2514S NPLs O$TO:A CO RAT RISC EQUIP 01-A1R2.t2F51 4RAQ Cf /251If 51.I1 RI.54 AKf OIIf.N CO K MNf NIK LWIP 01-4lR2.2RF 42 �� ! • 1446J OS/2l/e5 nt. P, IVANCGASCO LWIP/PTS/ACCESS f2.4212-54F01 '-A• � 14 64e 05/23AS 204,11 Nt",GASCO UTILIIILS 72-4324-5491141 144400 CS/ls/N SR.D1 N•AA!OAAM PAT OLT/.Al T2.4345-S69-01 -- - - --"--- 1D1.IR • •.-•CRS `A, r...u• 4.1112 Uf Qs/e5 10.00 N.fLRA-f YISTOL CON, IS CA COL 01-6 154-061'I'I3 INslt 65/2]/ss 10.70 NACLIA-f N!SIDL COIPISCNCCL 01-411A-1ZOI - - . 11.10 •' • ...... ..«CRs - b A I. MIT e$/21/6f e02.41 NINAISOTA T"O IAC AAT -ISC EQUIP 4-4342.19 0.15 SOt.RRIN ..-- •. 14RfRf 0S/25/G! th•es PMR+• ulO+:•AI- PAT AUTO 01.R1R1.1R0-A2 ;�� 19■s CITY or Oman* CHECK 1E&ISTG 05-24-Bs Pan 01/21/01 10.11 TERI has BALEARIC 01-4311-1FM11 ---__--_-- - 10.11 r--- --- -------- -- _ __ _-.'7 Y� --CBS : ---- _-- - --- _- _- - Wastes 4.25_---_Ns, UTILITIES 01-ASZ4.290-61 , • 01/2314S 914.64 HIP AT LITtl 01-4325-249-42 - OS123/e5 24S.59-----IMP -------"VTTIiTIE!- - 71-AJ2"51"11--------_---1 Os223/1S 869.39 N3P WILIMS 73-4314.569-92 .U•' Ls/z3/1S 22.59 "So UTILITIES rA-UR-S90-93 _ -. 1.944.96 •-ENS 01/i3/e1 T9.S3 NW40C3TE44 BELL TELEPHONE O1-A320.2A9-&2 I 05/23/65 SO.16 NOBTY9EST!BN BILL TELEPHONE 21-A I20.S15-90 iu - 05123111 - 11.10------- 4IRT44ESTERN BELL Ad EBTTSINI 21-6323-3/5-90- - - ---- z5/z3/e$ 20."6 MOATMMESTEBN BELL TELEPHONE Tz-4320-549.91 tl• CS223/SS 31.10 NOBTHMCSTrBM BELL TELEPHONE 23-&320-S69-92 130.92--- • «ENS OS/23/e5 ?.Se OFFTCE PROD or NN OFF SUPPLICS 01.4210-019-12 � )5/23/es F. S/ OIFICr .011 OF 44 OFF SUPPLIIS 01-4210.17P 33 15.11 � _ _ _ •«ENS -- - ----- Cs/23/9s 9&.St PEBA PEIA H22 TO So$ 01-41L1-011-1: � 05/23/1l A./F PEBA PEAA 4/12 To i/S 01-4I41-040-t5 03/23/15 3.90 --- KM - PER 4122 TO 315 O1-A/U-351-tf -- - - os/z3/Bs 94.46 PEBA KRA M2 To 5/5 01-414I.069-15 •,� 05/23/85 9.33 KOA PIA& 4/22 To Its 01.4141.099.17 01/23/eS 1.249.6% PG& -- PEBA 4127 TO SFS 01-61AI-111-31 - - - - -. Us/z3/e5 III "I PI -A PEN& Hit IO s/S C1.AIA1.11S.31 ._• OSIZ3181 3OI.9S Pr.& PGA 4122 10 Sol 01.4141-IZI-31 0 S/twas 505.I7 ♦EBA PITH t 12 2 TO Sol 01-4141-124-31 - -- 0' /2393 1FS.IS PEBA PEBA Vzz TO its 01-4141-1T4-33 „• OW23/35 212.46 s(NA KNA 4I22 TO 515 Ot.4143-249-42 05/23/11 33.33 Pro& PENA 4122 TO 315 01-4/41-z90-61 --- O5/23/91 I.59 PE&& PE1A L/i2 TO 915 41-4141-40s-00 L5/23/eS 144.15 PGA K*A 1122 To SIS 21-A1&1-S11-90 0512311! 10.41 Pro, PGA 4222 TO 515 r2-4141-149-91 0S/Z3/11% ISS.31 PEBA KBA 4/22 TO 515 FS.N tl.SAA 9z ,• 05/23/95 &S.SS PCAA PEBA 4F22 TO $is 74-414I-S90.03 3.24S.17 us/iln; 21.50 PHOTO 1ACTOB9 OFF SUPPLIES 01-4210-t29-3t •zi 1995 CITY OP ORONO A 19017 05123/83 146621 10621 14"ZY 149627 1 a6627 14462? t a0627 la Bess 119653 uein 146111 144 712 - I. ant 1a0 n 2 Ilan Short liming 144 IS - lasna Ias IS 1a1712 16 Z ta4FT g ll2 W 31.35 59.85 . CHECK II0MTER PHOTO FACTORY 03-2 -as ITEM DESCRIPTION ACCOUNT No. INN. I P.O. 0 MCSSAK OFF SUPPLIES 01-4210-17943 1 OS/25/15 - 204.70--PHTStCt9NS HEALTH --- - MCI LTH INS-------- 01-3872-000.00 (IS/Was 292.53 PHISTCr4NS HEALTH HEALTH INS 01-4151-039. 12 05/23185 231.91 PH" ICISNS NEALTI HEALTH INS 01-4151-069-15 C5/23/85 - 140.40 PHYSICIANi MEALfH HEALTH INS------ - 01-4151-IZ1-31 05/23/IS 9E.51 PHTSICIANS MEALfH HEALTH INS 01-4151-126-31 OS/23/65 951.64 PMTSSCTANS MCALTH HEALTH INS_ 01-41$1. 129-31 OS/23195 _ 137.91 - PHYSICIANS REALM MEALN INS ----- 01-4131-174-33 as/27/a5 361.60 PHTSI CI ANS HEALTH MEWN INS of.L1 St. 249-42 aS/Z3nAS 140.40 PHTSICSLNS HEALTH LTM INS 01-61St-210.61 05/23/35 371.it PVTSICTANS WEALTH _ __MCA HCALfH INSsl-SIS-90--- _ 05/2I/85 63.16 PNTSICTANS HEALTH HEALTH INS 12-4151-169-91 05/23/as 1Y4.15 -4TSI^.IANS HEALTH HEALTH INS IS -al S1-S69-92 - 3.480.82-- US/miss OS/t3/6S OS/I1/Ss 0512314S OS/23/0s CS/23/as CSM14% 05/23/I3 as/23/35 OW23185 as/23/" Os/nns 0512314S OS/23/05 os/Was 05121115 as/:1/a5 05,25105 01113115 05/23/as 06/2//03 Of/25/Sl 13.10 PINCT PO's -- _ POSTAGE 19.90 PINEY s01Ci POSTAGE IO.SO PITNCT soars POSTAGE 10.50 PI"EY IONCs POSTAGE 10.10 PINEY Boots POSTAGE S2.96 PAcctstaN sus Sys $2.96 PICCLSION Bus an 105.16 319.90 NEED CWOY 6 IOSACCO 319.90-'----- 267.94 - -AT TACO$ Is C31 FO 6.32 eT Tic" $5 CON FO 2.16 61 INCAS SS CON FO - 169.1s----- $T TtCNS IS CON FO - 13.93 $1 f9E.S SS C14 FO SS.S2 $T Tails IS CON FO 267.59 - Sr rich$ is coo FO 595.85 ST TRESS 33 CON FO St.90 at fRUY IS COl PO -5.11"_"- ST TREAT IS Con ro- a1.R0 11 fleas is col f0 9P.19 ST TRih$ is CON FO 193.0? - ST ricks ss COR 7o - 79.64 ST ?PEAS Is CON Fo OFF SUPPLIES OFF SUPPLIES Cole RESALE FICA 326 U 1/19 FICA 516 TO 5119 FICA Sol TO 5n9 FICA 516 to sill FICA $16 TO Silt FICA 316 TO 5119 FICA $16 To sits FICA SI6 to S/19 FT'A S06 To sn9 FICA S26 t0 5/19 FICA $16 TO sn9 FICA Sit TO S/19 FT.& 516 TS Silt FICA S/6 TO sn9 ..«CNS al-aul-mv.1z � • Ct-aS21-059-/9 01.9321.069•IS -- - _ - --- '- �'� 01-a 321294E 01-9321- 240. 42 AD «CNS CI-WO-039-12 Ot-9210-119-31 ,40 79-4502-590.93 al-h$a:-o3v-1x - -- o1-a O1.N a0.OS9-1a Ol.410-060.15 - ---_--' C1-9142-099-1I 01-4142-11S-31 ' 01-4/42-174.33 - --'-'- 01-4142-249- 42 01.6t42-290-61 �y 41-4t4z-405.00 -" _-- 71.a1 a2-S/S-90 11.4142-149.01 71-4142-369-92 14-4/92-s90-93 Y . t.. lul 1905 CiT7 01 ORGANS CMCCN REGISTER Os-25-eS PASC T Q ` CMCCM N6 RATE AMOUNT YEY0G1 ---- _- ITEM OESCRIPITSN ACCOUNT N0. INV. a P.O. a MESSAGE 1.644.95 • • •N 168220 05/23/83 1S.00 ST TRE6SUACR TALCS 6 LIC 73•4357-569-92 E .... ...-Cu _ S tAVll os/tills 139.77 STEWART SAMOMICN INC CONC RESALE TM aeOr-S9a95 ;;N 139.71 . _ 207.35-----00M ITACIOMEM-aws------Jltn -Aw — T r NIHO. 05/25/85 99.33 DOI STRETCHER RUNS NEARING AM 01-6221429-51 ....0 �...u. 16enE- - OS RI/IS- - 976PS ----- SUBUi8A4 :TERM 4P -- - 24D Sgl95f---- -- 01-4IDS-100-21— --- T 936.75 • ;M '•N I's?" a5/23/u 49.90 UMIPOi MS UNLIMITED MEANING AM 01-422/-12G-31 .. 1.a296 - JS/23/es 324.35 - U41FORMS JNLIMITCO- NEARING APP 01-4221-129-31-- - -- - ---" „S 116/06 33125/85 $0.70 UMIP0349 JNLIMITEO EQUIP/PTS/ACCESS 01-6•Sx-129-11 623.25 • _-_ _ __ ___ ..M.CRS ..� 146602 CS/21/85 215.30 U4IYCRSITT 7P'MI -- C04P/SCHOCLS 01-4356-339-12 23S.IO • ~� ••+ 168616 05/13/45 51.01 VAN ARTCA a INSETS UTIL S96 NNT SUP 22-6234-369-91 ...... - •.rCR , IAa!!S CS RS/AS I0e.00 WARNING UfES INC [GULP T[NtAI 01-6221-249-62 _ .. --- - -- - -- - - —...-CIS ...... - 1,364 c5/2S/ss 43.20 - WHITE SE.1A ANIMAL CO I41NAL CCHE 01-4360-155-15 - - --- 1.]!66 oS/23/as 1T6.69 WRITE GEAR ANIMAL CO A41NAL PAIPOL 01-6361-103-05 N9J9 ...... ....CA t 6ev0p 05/23/85 2.534.70 '--'--EMAM►t OM IN COMP 5r rNT SLP -'"-- - E1M277-249-42-----' - _"-"' IS - 2•s06 AO i 199S CITY OF OR060 01 CRICK No. DATE A CHECK REGISTER OS-20_eS PAGE e 14e901 05RYG5 6.00 CAM RESWJRSE BOOKS PERIOCIS 01-6260.129.39 - 6.00 • _-- -- w 14e902 ovxs/es 1e.00 PtmE cwtcr eo6ms nERt6Dcu 01-4240-129_31 c 746906 05/23/os 12I.50 KURT NROLL INC AUTO EQUIP 01-6550-129-31 120.10 14e905 (15/23/9S 40.00 GARY PAINTUP ►AtNTUP 863 01-2300-000-00 - AD." • - - __ _ --01-6322-040-13 148906 J5/23/BS is.30 gAi1[E OFFSET PATS/PURL 35.00 166102 Us/23/35 121.50 ROTS ROOTER ANY INES/LS 13.4344-369-92 �, 121.30 16692e U5/23/e5 1Y9.33 BOB RYAN coma INC AUTO NNT 01-4141-129-31 pp IT9.)0 ...... ...-CAN 05/13/45 1.099.1S -- - - SA M$ C6)Ptk _ - LIO PURCH OS/23163 If. 14- GRIGGS COI -EN LTG DISC 05/2!/BS 43.07 642053 COOPER NINE PURCH OS/23/e5 1.29- ANIONS C05PCA____ NINE DISC 1.119.19 . 03/23/85 2.06.36 - - DUALITY --NINE -- - - " --LIS PUNCH - - - Os/23/es 53.13- OUALI TI NINE LIO DISC 05123185 151.41 QUALITY NINE NINE PUNCH 05/23185 2.e1- QUALITY NINE -- _ NINE DISC 2.772.31 05/23/91 - 219.SB J34130N BSOS - - - LIQ PURCH oS/zs/6s 4.69. J)Mlsev BRAS LTG DISC OS/23/6S $59.10 JO"SON 0403 NINE PURCH 05/2i/es 10.2D- -- J)w SO9 BROS - NINE DISC 153.29 . Os Ries 426.11 - ED PHILLIPS - L10 PUNCH US/23/85 1.46- ED NIILLI-S LIO 013C OS/23/GS 539.91 E0 PHILLIPS NINE PURCH 05/25/6S 11.45--- CS P41LLIPS _ NINC DISC 05/23/6S 2S.tO ED PHILLIPS RTK PUNCH 1.022.99 • _ - - - Cs/23/63 $1.91 ED P41LLI-S WINE PUNCH usiIslas .06. •3-RI-.LIPS NINE DISC so.9r . OS/23/4S 9.10 PER% INS - LIFE IRS 71-aSto-SIS-90 -- _-- . WANUNV--;-.a /1-4e11-515-9C RAQUAI '7 21Je12-StS-90 RANUAL�y� T1-4e13-515-90-- rAN1As 2 aae11-sls-v0 PAKUAL •`.� 11-4812-515.90 NAIMAL 21-4913-SIS-90 - NAMJAL - 71_4910-515-90 PANDAL - - n-0e1t-515-90 BANIAL r 71-4412-515.90 PA%UAL 21.4e13-515.90 PANUAL 91-4810-StS-90 NANIAL-i 21-4311-51S.90 PANUAL "6 T1.4312-5/5.90 HANDAL 71.4813-5ls-90 - R6NOK--, P1-4ezo-st s. vo IIAMr _-- Ttµ Ott-Sls-9f) HANN" T1-4613-SIS-90 RANIAL Q 01.4152-12a31 RANIAL r c Its CITY CHECK NO. of 04000 DATE AHQU AT CHECK REGISTER VENDOR ITCH DESCRIPTION ACCOUNT NO. INN. 05-23.05 PAGE 9 6 P.O. A MESSAGE Y 9.00 PCI337 05/25/55 29).)3 PISTHISTER POSTAGE 01-4721-129-31 MANUAL a F MC71l6 OS R7A5_ 7.00 HN CRIH[ PREVENTING COMP/SCHOOLS _ 01-4314.129-77 MRIRIK f ' ' PC7fSr OSR1/55 9S.AA ._.-.__ GRtG05 COOOCR LIe PURCN -'-L10'OIIC 71-N10.515-90 n-A512-515-90--.--_MRIIORC--r' RAWAL ;9 �.� 77S• aS/27/57_-- --_-� LN= aIAGS C001[R--_."-- •.� MC7339 05123H7 255.91 faloas CO30EA NINE PUNCH 71-A t12-fH.oO HAWK ;. 11C1359 0S/27/es - 6.06. GRINDS C030ER 't000CR- ---- WINE Disc -HIS PURCIf--- 71-U13-SIS-90 --- 71-L ezO�sTiro— MANUK T3MILi—;• wt77S9 05/23/S7 S2J7--'" CRISIS; I„ 392.63 . "• i--`-NCI 360 O5/23/85 - 1 .379.95 ED MILLIPS - NINE ►ORCNr _ -- 71-H/0-515.90-- "- ' - -- NAGUK— -'•� I 1CI 360 0S1234,55 26.59. ED PHILLIPS WINE DISC 71.6511.515.90 MANUAL :. • 1,353.36 MC/l61 OS/23155 631.SS QUALITY FINE LIG PUNCH 71-H10.515.90 MANUAL `. •• MCI 361 0512SISS 12.56• QUALITY MINE LIQ DISC 11-4e11-515-90 gNU0. -- 4C73tl OS/Z3/53 - -- 415.91_.. QUALITY NINE WINE PUNCH -- -'-"- 71-4e12.515.90 IARUAL �i K1361 05/13/65 0•42. QUALITY WIYC VINE DISC n.4615-SiS-90 MAMIK 1 •I--- MCP361 05/2345 151.32 QUALITY NINE MIN IIMICM - - 71-4820-5I S.rO - -- "--- - MANUAL _ 1.193.Te 1-- - - -- --. 3a.747.22'-- FUYO 71 TOTAL 31.0 N90 23 TOTAL 27.90 FUND Al TOTAL 12,928.61 -- FUN0 71 TOTAL 109.15 FUND 72 TOTAL 13,153.94 FU40 73 TOTAL 2.103.64— FUYO 74 TOTAL 59002.25TOTAL GENERAL FUND RUNIC STATE AID C)MS FUN PERM IMPROVE REVOL114G F LIOLJR OPEAATTAG FUND _---_-- - --- RATER OPERATING FUND SEMEA OPERATING FUND G0.F COURSE GPEPATIN: FD 1 . wCRS J•1 1 0 Planning Commission Council I PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE, PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) 1 I � � v, 'l 2. .,,�.�. lCC' yN,.. <... i. P4 3. 4. D�4)YU4lQ s. 6!f&r a o'zo S Z 7. O •..7 1 kA o!c V E'. 8. iQ ILSi �[, Li OLD L• W[ �?� p 0.Sti `S k, S� S 4. n S. � 4._L.r I L ,', , 1?)J O. " a'. 6. 6, 6' F. 4. 8. 1� 9. o. +. S IL rM Planning Commission Council PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) 1. S 10u. o vl 2. .io e-e$co R x `� 3. k2 l�L? � 3�%Vc� A5!r n r.lo- 9. 0. 1. 2. 3. 4. 5. 6. 7. 8. 9. _ -- !0. I nfo r in a.+ fori IE 4we,,.o tvw% s ot r;Cr>olvUu ra' EEINS MAY 2 a 1985 CITY OF ORONO CITY of ORONO P•,I Ofrin Boa SS•Cgaal B•y, Mlnneeole 5 M-M...6,0 Omm On the North Shore of Lake Minnetonka May 20, 1985 George Rovegno, Jr. 2010 Shoreline Drive Wayzata, MN 55391 Dear George: Unfortunately, I must send this letter to advise that the fence erected in your lakeshore yard on or about May 11, 1985 is in violation of the Municipal Zoning Code. The fence would appear to measure between 5 to 6 feet in height above existing grade, placed approximately 20 to 25 feet from the shoreline and at the edge of the newly defined right-of-way of County Road 15 that intersects your lakeshore lot. I cite for your con- sideration Section 10.22, Subdivision 1 as amended by Council on January 5, 1985: Subdivision 1. Lakeshore Set Back Regulations. The set back from the shoreline for lakeshore lots shall be at least 75 feet and no building, fence or wall over forty-two inches but not in excess of seventy-two inches in height above ordginal grade may be located closer to the shoreline than the average distance from the shoreline of existinq residence buildings on adjacent lots. Although, I have not discussed this matter with you, it would be my guess that you erected the fence per newly amended Section 10.03, Subdivision 15 (C) that you helped author as follows: C. Fences which do not exceed 3 1/2 feet in height, feI not over six feet in height along the street lot line lake frontage lots which front on a naior thoroughfare crown or the roam terraces, steps, uncoverea porches, stoops or eIm—ilar 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. Your lot, your neighbors' lots -all lots adjacent to the shores of Lake Minnetonka, where County roads, private roads, easement roads intersect lakeshore yards, are subject to the standards of our code that protect and assure the viewing rights of lakeshore lot owners, OCaalNU A rnNINU - IFS )nT • AaKINISTKATION A I INANQ - OS )SSe • el ILK MU•KS 471 ASSLSSINa George Rovegno, Jr. May 20, 1985 Page 2 of 2 Section 10.03, Subdivision 15 (C) was intended for lakeshore lots that were adjacent to County roads along the rear property line. The intent was to shield the homestead from the lights and noises eminating from the use of the County road. The adjacent lot owners' view of the lake would not be affected by the place- ment of a fence 6 feet in height along the rear/street lot line. As we determined in the Hehl application, the lake viewing right of a property owner on the opposite side of a County road, whose lot lines did not run to the lakeshore had no legal claim or recourse from the City. You should be advised that staff always makes a site inspection when a resident plans to erect a fence over 3 1/2 feet along County roadways to assure that safety standards are upheld. We do not ask that residents apply for a permit only that we check the placement for sight problems. As I interpret the Zoning Code, you may erect a fence within your lakeshore yards as long as it does not exceed a height of 3 1/2 feet above existing grade. I must ask that you remove the newly erected fence within your lakeshore yard by Wednesday, May 29, 1965. If you wish to appeal my interpretation of the code, please file an appeals application with the City by May 24, 1985 so that we can schedule your application before the Planning Commission at their June 17, 1985 meeting. George, please give me a call if you have any questions. Sincerely, Jeanne A. Mabusth, Zoning Administrator cc: City Council Members Memo #85-22 page 1 of 2 TO: Mark Bernhardson, City Administrator FROM: Tom Kuehn, Finance Director DATE: May 24, 1985 SUBJECT: Alternatives Available for Collection of Special Assessments During the discussions of the Crystal Bay area sanitary sewer project an alternative collection method has been suggested as a means of easing the burden on those properties assessed for the improvement. The alternative suggested would be "equal payment amounts annually" over the 15 year collection period (alternative A). This method works like a mortgage type payment in that the total payment for principal plus interest does not fluctuate - (the principal paid increases to offset the decrease in interest charges each year). The "equal annual amount" type of payment (alternative A) is in contrast to the "equal principal plus current year interest" type of payment (alternative B), which is the normal method of collection used for special assessments. The alternative B method of collection provides for the principal to be collected in equal annual installments. To the annual principal amount is added one years' interest on the unpaid principal balance. The alternative B method of collection results in the total paymen-: being reduced each year as the interest charges decrease. For the homeowner assessed, Alternative A has the advantage of being easy to budget for. However, it does result in higher interest charges over alternative B. I have checked with Hennepin County regarding both methods of special assessment collection. There are several reasons we should not consider using alternative A. Hennepin County computer system cannot reflect the breakdown in the annual payments between principal and interest but will show the total payment as principal on the individual tax statement each year. Hennepin County cannot/will not modify the computer program to accomodate alternative A. If they would/could the cost to Orono is unknown. Hotel The City of Minnestrista is the only city in Hennepin County to have ever used alternative A. They have only used it once because of the problems it created. The alternative A method would necessitate the creation of a seperate schedule by the city engineer or fiscal consultant in order to be able to calculate prepayment of outstanding principal balances during the period covered (15 years)• This special schedule should not Memo #85-22 page 2 of 2 result in much, if any, extra expense for the City. Because the County could not show the interest charged each year on the individual tax statements, the City would need to communicate the interest charged each year to each property with an outstanding assessment balance for this project. This would need to be done every year until the assessments were all paid. This could be very time consuming for the City staff. ,f we initiate the alternative A for this project it will make it very difficult to not use it for future projects if proposed by the affected property owners (for example Stubbs Bay sanitary sewer). The annual problem of notification of interest charges to the affected properties then begins to have the potential of becoming very expensive in terms of staff time and effort. .4 EX. 1.00 ASSESSMENTS PROJECTED FOR>> CITY OF ORONO, M OVER 15 YRS, 0 11.00%, 1ST YR FACTOR 1.25 PROJECT>> 1985 STREET IMPROVEMENTS 05/22/8S 4 C7GQNA rI VL `3,. A/ TCRn/A i1 VC .a ASSMTS>> 10110.00 10110.00 YEAR PRIN INTR TOTAL PRIN INTR TOTAL 1986 674.00 1390.12 2064.12 294 1,390 1, 624 1987 674.00 1037.96 1711.96 326 1, 080 1, 406 1988 674.00 963.82 1637.82 362 1,044 1,406 1989 674.00 887.68 1563.68 402 1,004 1,406 1990 674.00 015.54 1489.54 446 960 1,406 1991 674.00 741.40 1415.40 495 911 1,406 1"2 674.00 667.26 1341.26 550 856 1,406 1993 674.00 593.12 1267.12 610 796 1,406 1974 674.00 518.98 1192.98 677 729 1,406 1995 674.DO 444.84 1118.84 752 654 1,406 1996 674.00 370.70 1044.70 834 572 1,406 1997 674.00 296.56 970.56 926 400 1,406 1998 674.00 2"1.42 896.42 1,028 378 1,406 1999 674.00 148.28 822.28 11141 265 1,406 2000 674.00 74.14 748.14 1,267 139 1,406 TaTALS /D 110,00 9/yy. 8'L /9�ay8] 101110 11,257 .21, 367 %iODlrwv* . Trrewnr nA/0 v"a.,R ALr'A`p vsx A vEPrQt ADD/710,IoL IN7f QCir PFio 19FR YEAR t :j COUNCIL IWEETING TO: Mayor Butler MAY 2 g 19�5 Mark Bernhardson, City Administrator City Council Members CITY OF I�N'IIR� FROM: Jean A. Mabusth, Zoning Administrator R DATE: May 24, 1985 SUBJECT: Planning Commiss' Appointments to Marina Committee Bill Sims and Charles Kelley were appointed to the Marina Committee for 1985 license year. The first meeting of the Marina Committee will take place in mid June because of scheduling conflicts with new members. We plan to schedule meetings as before on Wednesday afternoon at approximately 4-4:30 p.m. Coun 1 will be notified of the first meeting of the year as s...n as the date can be agreed upon. PARR RESERVES .AIR CARKR CHOW-HARR.H ELYCREEN HYLAND LAKE LAKE AERECCA VAPHYAA..E.AN REGIONAL PARRS BRYRM, LARL CLEARYLAKE CLIRTON E FRENCH COON RANGE, OAM EAGLE LANE FISH LAKE JAMESW WILKIE LANE LRAX SRANG LAKE SPECIAL OSE AREAS ARTHURE ALLEN WILDLIFE SANCTUARY BAKER PART GOL P COVRSE CLEARY LAKE GONE COVRB HYLAND HILLS SKI AREA wAw.nsEO ISLAND WILD GOOSE CHASE ISLAND TRAIL CORRIDORS .1. HENKE PIRA IRAD 9OARO OF COMMISSIONERS DAVID LATVAANO CHAIR GOLDEN VALLEY EDOTT L. NEIYAN Y.I. CHAIR EAPOLIS ANOPNEON G i ON EHIKALY A. EONINE NAPLE VLAM MuuY H BOYNTON EI IOVI$ P.TK •nuAM I. HOLBROOK NINNOPOLIS BROW LORN KINNEAR.", rERN J. KARTENSGRa SVHRINTENGEHI L SECINIARI TO THE SOARO Hennepin County Park Re;,brve District 3800 County Road 24 R Maple Plain, Minnesota 55359. A Telephol To: Noerenberg Memor.,,ial County Park Citizens Advisory Committee From: Marty Jesse `I�p� Subject: Status of District Work on the Plan for the �aA'kf IA Review by the Board of Commissioners UUt�i'°iL P..fTING Date: May 16, 1985 MAY 2 81985 CITY OF C►cONO Don King and Deb Bartels from the District Planning and Engineering staff continue to work on the more detailed design for the Estate Garden and Nature Area. We hope to be able to reconvene the Committee in June or July to review their work. On April 25th, the District Board of Commissioners reviewed the report as modified following the Committee's last meeting. Generally, they were enthusiastic toward the theme and design concept. There was considerable discussion regarding the question of access to the Estate Garden by boat. This matter will be discussed further by the Board when they review the more detailed concept plan following your review of it this summer. The portfolio of stocks and bonds in the Noerenberg Trust was liquidated in April and a total of $1.4 million was realized. Of this amount $1.2 million is being invested in the Trust - the earnings from which will be spent for operations (and development should earnings exceed operating costs.) The restoration of the gazebo/boathouse is progressing nicely. The Garden is being readied for summer operations. We look forward to a successful summer season. Attached are the minutes of the last meeting of the Committee. On behalf of the District our sincere thanks for your involvement in this project. MJ:ch Attachment NOERENBERG MEMORIAL COUNTY PARK ADVISORY COMMITTEE MEETING March 14, 1985 4:00 p.m. Present: Richard Gray, Chairman Barb Kaerwer Dorthea Fish Bob Kojetin J. Diann Goetten Bob Mugaas Mickey Goldman Barb Peterson Mike Heger George Rector Absent: Ann Doerr Toni Riley JoEllen Hurr Hank Se mat Glen Ray HCPRD Staff: Deb Bartels Don King Ray Ford (retired) Arla Lindberg Marty Jessen Judy McDowell REVIEW OF THE PROPOSAL Dick Gray opened the meeting by refering to the draft proposal being distributed to the Committee members. He indicated that the only agenda item before the Committee was a review of this proposal. Gray added that in accomplishing this objective, he hoped there would be no need for further meetings of the Committee. Marty Jessen led the review session. He indicated that the draft was based on staff interpretation of the Committee's discussions and consensus during the previous meetings. The Committee was encouraged to comment on any part of the draft. The draft was divided and reviewed in three segments: • Introdgction, including the gift and will, court order, previous planning, the current advisory Committee structure, and overview of the Committee's purpose. • South property, including theme, concept plan, and operations plan for the Estate Garden. • North property, including theme, concept plan, and operations plan for the Noerenberg Nature Area. In discussing the proposal, the following suggestions and comments were made in regard to the specific segments: NMCP Advisory Committee Meeting - 2 - March 14, 1985 1. INTRODUCTION Gray made clear his feeling that the court order was not consistent with the will on two specific points: (p.l and 2 of the Draft) 1. The will indicates that only the income from the trust should be used for maintenance of the property. The court order contradicts this by stating that both principal and income may be used. 2. The court order further states that both principal and income may be used for development of the park or land acquisition, while this was not an option as indicated in the will. Gray commented on the Committee's responsibility to inform the Hennepin County Park Reserve District of these inconsistencies in the court order, however, because of the court order the Committee can't do anything else about this matter. II. THE AREA SOUTH OF COUNTY ROAD 51 Jessen mentioned that further research indicated that at least one other landscape architect was active in the Minnetonka area in addition to Eddie Phelps. The Committee agreed that the wording of the proposal should be changed to include this. (p. 6) Gray suggested that some mention be made of the fact that a Phelps scholarship was available to students in landscape architecture. He further suggested that some mention be made of Deb Bartels, recipent of this scholarship, and her role in developing the preliminary sketches for the Garden Area. Questions from the Committee regarding parking brought forth the following: (p. 10) • Parking -ites for the park would include the area adjacent to the formal garden, with overflow being the area nearer the evergreen buffer and the area across the road. • Space allotted for parking would be approximately 15,000 square feet (approximately 1/3 acre). • An area for buses to turn around would be provided. Gray commented that the cost estimates for the visitor center and the water distribution system we, high. He pointed out that if these could be reduced the resulting total would be a realistic cost in relation to the existing funds available. Don King stated that these estimates are based on the District's recent construction experience and are realistic for a public building of the quality the Garden Area deserves. (p. 13) Further, King stressed that the cost estimates were only for the facility indicated and didn't include landscaping, site work, etc. It was suggested that this be clarified further. NMCP Advisory Committee Meeting - 3 - March 14, 1985 Other questions resulted in the following: • Jessen clarified that maintenance of the area would involve additional District maintenance staff beyond what is assigned just to the Noerenberg site, however, the basic maintenance of the park could be done by three people. (p.15) • The Committee recommended that no parking or entry fees for the park be charged initially in order to encourage the public to visit. (p.16) III. THE AREA NORTH OF COUNTY ROAD 51 The Committee agreed and recommended that minimal construction take place beyond the barn. Any hiking trail development should put emphasis on enhancing the natural feeling of the area without violating the wild character of the area. (p. 17) GENERAL COMMENTS In regard to the overall plan the Committee agreed that some kind of fencing near the channel could help to encourage the cleaniness of the area. Offenders littering the area or loitering would be dealt with by the Park Rangers on duty. Changes for the proposal as indicated by the Committee will be made in the final proposal. CONCEPT SKETCHES Bartels reviewed the concept sketches for the Garden Area. The Committee reiterated its consensus that Concept One (The Traditional Estate Gardens) is the more feasible and practical of the two sketches prepared. (This is the concept for the development of the park around which the draft report was written.) FUTURE PLANS The following steps will be taken in regard to the plan: • The Committee report, with corrections as indicated from this meeting, will be taken to the District's Board of Commissioners and to the City of Orono for approval. • The Committee will be contacted for an additional meeting when a detailed plan is ready for review. Gray commended District staff and the Committee members for a job well done. Meeting was adjourned. mETeoFouran WRITE I CZA coma commvnon May 16, 1985 Ms. Mary Butler, Mayor City of Crow Box 66 Crystal Bay, MN 55323 Dear Mayor Butler: COUNCIL MEETING MAY 2 8191.5 MAY 2 219Z 1 li The Metropolitan Waste Control Commission would like to take this opportunity to inform the city about the 1984 Final Cost Allocation and the 1985 and 1986 Statement of Charges for interceptor and treatment works use. The following paragraphs explain that the Final Cost Allocation is bassi on actual flow and expenditures while the Statement of Charges is based on estimated flow and budgeted expenditures. We trust that this explanation will assist you in the continuation of an equitable charge system to your users. We have determined the actual wastewater flow from your city to be 212 million gallons (MG) in 1984 (refer to Attachment A - Final Sewage Flow Determination). This wastewater flow to the Metropolitan Disposal System (MDS) was based on the metered and unmeterei flow originating from your community. In late 1983, the Commission issued your community a "Statement of 1984 Sewer Service Charges". This "statement" was based on the expenditures approved in the Commission's 1984 Budget and on you community's 1984 estimated wastewater flow, which in early 1983 was estimated to be 198 MO. In accordance with the "Statement of 1984 Sewer Service Charges", your community paid the Commission $141,947.52 in 1984. The Commission has recently completed the 1984 Final Cost Allocation (Attachment B) . The Final Cost Allocation is based on the Commission's actual 1984 budget expenditures and on the actual 1984 wastewater flows. In accordance with the 1984 Final Cost Allocation, your charges are $127,413.23 for the 212 MG that were discharged to the MDS in 1984. Therefore, the Commission received an overpayment of $14,534.29 from your community ($141,947.52 - $127,413.23 = $14,534.29) in 1984. This amount will be credited on the 1986 *Statement of Sewer Service Charges". Pis. Miry Butler, Mayor May 16, 1985 Page 2 The reason for the credit is that the Commission underspent its 1984 budget by 5.5%, or approximately $4,650,000.00. The budget was underspent primarily in the areas of contracted services, wages, benefits, materials, supplies, utilities, and chemicals. The Cannission also realized increased revenue from its Industrial Strergth Cderge and Investment Earnings (refer to Attachment C - 1984 Fiscal Report). In addition, the total flow discharged to the MDS in 1984 was greater than estimated by nearly 8%. The increased flow is primarily due to annual precipitation of at least 10 inches above normal for both 1983 and 1984. As shown in Attachment D - Annual Commnity Flows, the total metropolitan area wastewater flow varies nearly +7 percent depending upon the amount of precipitation received in the period prior to and during the year of record. This variation in the wastewater flow is primarily the change in the aneunt of inflow/infiltration (I/I) as a percentage of the total wastewater volume. According to our flaw records, it appears that significant I/I flow is present in your sewage collection system. The volume of I/I flow is minimized when sewers are properly installed and an on -going maintenance program is implemented. The Commission has begun the preparation of the "1986 Statement of Sewer Services Charges" for the 104 communities who discharge to the MDS. The initial step in this process is to estimate the wastewater flow that will be generated by each of these communities in 1986. Based on historic flow records, precipitation trends, and your community's anticipated growth (i.e., 50 residential equivalent connections), the Commission has estimated your community's 1986 flaw to be 225 MG. The Commission has also initiated the preparation of its 1986 Budget. The Budget includes the Cammission's operation and maintenance costs plus the user portion of the debt service necessary to fund existing and proposed capital improvement projects. The 1986 Budget, which will be presented for public hearing this summer, is expected to be approximately 68 greater than the Commission's 1985 Budget. In accordance with State Statutes, the budget will be allocated proportionally to the 104 communities who discharge to the MDS, based on their estimated wastewater flaw. The 1985 wastewater flow estimate for your community is 200 MG (refer to Attachment E - Statement of 1985 Sewer Service Charges). This estimate, which was made in mid-1984, includes the 50 new residential equivalent connections (REC's) that are expected to be added to your sewer system during 1985. Based on the metered flow data from the first quarter of 1985, this estimate appears to be slightly low. Should future flow data indicate a major departure from the flow originally estimated, the Cammission will advise you accordingly. Ms. Mary Butler, Mayor May 16, 1985 Page 3 Hopefully, the information contained in this letter will help you understand the process the Commission utilizes to allocate sever service costs to its users. If you have any questions on the shove information or on any of the attachments, please contact the Commission. Commissioners and staff are available to discuss any aspect of this letter at a time and place convenient to you. Sincerely, _ 44P"�� Peter E. Meintsma Chairman cc: Walter Benson, Administrator Commissioner JoEllen Hurr, MaCC L. J. Breimhurst, Chief Administrator, MWCC R. L. Berg, Canptroller, KICC R. A. 011ie, Manager of Cc munity Services, M4CC Attachments: A - 1984 Final Sewage Flow Determination B - 1984 Final Cost Allocation C - 1984 Fiscal Report D - Annual Camunity Flows E - Statement of 1985 Sewer Service Charges PPM:PAo:L)4R:CLL FINAL SEWAGE FLOW DETERMINATION 1914 COMMUNITY Drip/0 1971 TOTAL 88 1976 TOTAL /IS 1981 /68 1972 TOTAL 16S 1977 TOTAL 1-:5-0 1982 /SS 1973 TOTAL /� 1978 TOTAL //as 1983 a417 1974 TOTAL /IS 1979 TOTAL /S/ 1984 2 / Z 1975 TOTAL J'aO 1980 TOTAL 1171 1985 CURRENT YEAR ESTIMATED FLOW METER FORMULY �n-6nA+/YA-Ai31+,-W-A13a - m-4zI METERNUMBERS ANDFLOW VOLUMES Mr N H - 2. -d-7n aT L LOW Jan. /4. ' . 0 / a '/ - Feb. /5. ,5- .3 1.8 - .ti< .2 Mar. / 7, 4 ADr. / �r/ 1.Z .8 May .x0 I •S 2/2 June / S /B. Jul / ,S /G,8 Au . / /, 1.3 /G 4 Se t. 15.7 2.0 �.� 13. Oct. 17.3 0. 3. •>% / • / Nov. 4.2 I. Dec. /fl-' .7 Y. 0 - is. OTAL 4V./ 8.7 zG.2 2G.0 .3 103.7 QUARTER METERED FLOW-UNMETFRED FLOW TOTAL FLOW 1. /:8.8 +2 Jw-s 2. 60.6 +2 10I,6 3. '/6.7 +2. 171F,7 4. q-7,6 ri /I9.4, �z03l Zii,7 •UNMETERED FL^W -- Basis of unmetered sewage flow (see reverse side; FLOW TO: UNMETERED FLOW, UNMETERED FLOW (MG); • SUBTOTAL: FLOW FROM: UNMETERED FLOW (MG): SUBTOTAL: - TOTAL: + 8 .lubNe,• I• b •• 101, •• 1 CURRERr USE CHARGES: 1REAIY,IN WORKS ^";PS SEWER SERVICE , A. 04 yjyZVlr.r,�••1a. • •n• CREDrrS • • CHARGES CURRENr VALUE CREDrr DEErr PAYMEWrCREDIT CDST ALLOCAl. Tam CHPAGES CR UUIJITS WIAL MANUAL ACTUAL CHARGES 1984 CASH RAV4Dn`S NET SZWIIIS (CR DEFICIT) •w. _u•. IJ 2.12 122,200.47 212 48,498.98 170,699.45 33,988.00 (R 9,298.22 CR 43,286.22 (R 127, 413. 23 141,947.52 14,534.29 COMPARISON OF BUDGETED - *, tit,YFNUES AND EXPFSIDI'IVRfS FOh ._ iu. YEAR 1984 The Cannission has prepared this sum+ary sheet and attached tables to explain how we have increased the earnings and decreased the expenditures from that budgeted for fiscal year 1984 and allocated to the user connunities of the Metropolitan Disposal System. In this process we will be able to return over $5,0001000.00 to the 1984 users of the system. The Conmissirn would like also to inform you that we have received the "Certificate of Conformance' from the National Government Finance Officers Association for the 1982 and 1983 fiscal years. According to the bond consultant, this achievement Sas resulted in substantial interest savings for the $26,000,000 of bonds sold in November, 1964. In more specific detail, the actual revenue in 1984 exceeded the budget by $498,000 as shown in Table R. In addition, excess SAC revenues of $2,546,366 were transferred to the Sac Fund reserve which now totals $19,542,170. This does not include the '5,333,332 which the SAC Fund has loaned to the Operating Fund, which will be returned by Fiscal Year 1988. $1,866,667 of the monies to be returned is already included in the 1985 Budget. The two major areas that revenues exceeded budgeted amounts were Industrial Strength Charges of $1,152,000 and Investment Earnings of $764,000. A study of the Comnission's investments by an outside consultant indicated that .he Crnmissicn is doing a good job of managing its investable funds. The Construction Fund yield, with rather short maturities averaged 9.82% and the Operating Fund wi h an average investment of approxinetely two years averaged 11.25%. -2- - The 1984 budgeted expenditures were underspent by $4,656,000. All of the ten major areas were underspent ranging from just $9,000 in debt service to $1,225,000 in contracted services. This reflects the concern of the Canmissioners and staff to control all cost areas. Several union contracts were negotiated without any wage increase. Outside contracted services for main- tenance was underspent by over $400,000. The inventory system and warehouse catalogued over $600,000 of materials and supplies that were previously expended, The recomendations of the St. Paul Chamber implemented in 1983 resulted in motor vehicle costs being underspent by $185,000. The new processes being utilised at our plants resulted in utilities being underspent by $430,000 and chemicals by $350,000. capital items were underspent by $100,000. Due to the underspending of expenditures by $4,656,000 and excess re.mues of $498,000, a record $5,154,000 will be returned to a majority of the 102 coo- munities that the Canndssion. serves. Table 43 indicates that our sewer rates for both 1983 and 19E4 are substan- tially love: than forecast in the 1980-1981 annual report. In some rases, the actual rates are 20% or more lower than forecast in the 1980-1981 annual report. The main reasons being lower inflation than forecast and the significant savings in utilities and chemicals that has resulted :on the new processes installed at the Metro Plant, in addition to higher total flows than anticipated. In compering PfrCT rates to other sewage agencies in the United States, this is to inform you that the average bill for a one family residence for the MWCC was $66.85 in 1984. This is significantly lover than the average rate per thousand for 50 large sewerage agencies in the United States, who belong to AMSA (Association of Metropolitan Sewerage Agencies), whose average family bill was $96.75 in 1983. The .144X average family bill was $62.70 in 1983. AMiA did not conduct a survey in .984. -3- Table $4 is a mTparison of budgets forecast in the 197b annual report to actual expenditures. Actual expenditures in the years 1979 through 1983 w= e less than the budgets forecast. However, in 1984, actual expenditures exceeded the forecasted budget by $97,000. Also, the 1985 officially Approved Budget of $90,252,000 is $1,548,000 less than the $91,800,000 forecast in the 1978 annual report. Current projections indicate that sewer rates will increase approximately 6% thru 1988, which is when the debt service balloons Laminate. Increases should be less than that after 1988. TABLE 81 CO.''3A.43SON OF BUDGET. 6 ACTUA-L R£7:V'ES FOR FISCAL YEAR 2984 (In Thousands) BUDGET ACTUAL CVS1 (_TIDEn) DESCRIPTION 1984 1984 = :GET Sewer Service Charges $73,182 $72,833 S (349) Service Availability Charges 7,586 6,439- (1,147) Inveatxnt Eaxn. ngs 225 989 764 Industrial Strength Charges 3,310 4,462 1,152 Other - 50 128 78 TOTAL $84,353 $84,851 5 498 *Required amount for reserve capacity debt charges. Excess amount of $2,546,366.00 received added to SAC fund reserve. RLA: DP 02.25.65 TABLE 42 TABLE COMPARISON OF °UCCET AND .ACTUAL EX.-VDITL'RES F R FISCAL YEAR 1984 (In Thousands) BUDGET ACTUAL DESCRI7TICN 1983 1984 Wages a Benefits $33,270 $32,065 Contracted Services 4,000 2,775 Materials 6 Su:zlies 3,918 2,962 Motor Vehicles 803 618 Insurance 663 766 Utilities 11,569 11,075 Ch=icals 2,140 1,786 Capital Outlay 1,014 907 Other 932 908 Debt Service 25.844 25,835 TOTAL S64,353 579,697 TOTAL AMOUNT BUDGET UNDER57=1 CVE'R (UNDER) BUDGET S(11205) (1,225) (956) (185) (97) (494) (354) (107) (24) (9) S(4,656) $ 4,656 W:pp Z. _ 02.25.85 :�. TABLE 43 COMPAR:SCH OF ESTIMATED SEWER SERVICE CHARGES TO ACTUAL FOR T::= YEARS 1983 THROUGH 1984 AS FORECASTED PI THE 1980-1981 V\^7C?i REPORT Typical 1963 Rate 1983 Bate 1984 Rate 1963 Rate Cost ?00/ Co.—ur.: ty Estimated Actual Est_. -sled Act::al Treatment storks Hastings $64.40 $54.03 $73.74 $57.64 Service Area 01 Mirreapolis 72.76 61.84 82.22 65.76 Service Area 42 Coon Rapids 76.13 64.71 88.69 68.80 Service Area 43 Anoka 60.13 68.14 94.15 82.67 Service Area #4 Deephaven 89.13 75.54 100.72 80.52 Service Area 55 Bloomington 76.01 64.46 E5.89 Ga.62 Service Area 46 Neerort 71.20 58.87 20.45 63.00 BLDiFp 02.245.05 TABLE 44 YEAR 1979 1980 1981 1962 1963 1964 REPORT OF ACTUAL EXPEIDITURES FOR FIRST SIX YEARS OF TSN YEAR BUDGET FORECAST CONTAP.TD IN THE 1976 ANNUAL REPORT (IN TY.OUSANDS) BUDGET FORECAST $50,200 55,700 60,500 69,100 74,200 .79,600 ACTUAL 7XPE.V:)- TR_'S $49,219 54,826 59,135 67,960 72.745 79,697 07-rR/(UNCER) FORECAST 5 (981) (874) (1,365) (1,140) (1,455) 97 Cavmmi[y ANDOVFR ANOKA APPLE VALLEY ARDEN HII.IS BAYPORT BI3<NWDOD BIAINE BIDOMI%-rON BROOKLYN crR BROOKLYN PK Q1R15VILLE CHAMPLIN CHANHASEN TABLE I - ANNUAL CCKI7NTN P10MG (MY) 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 MY MY MY MY MY !GY M7Y hGY Mm M,Y 0 0 0 0 0 6 48 76 72 97 382 636 619 588 518 576 626 660 650 685 174 192 288 300 383 441 468 538 570 670 184 193 218 245 265 265 310 361 436 427 175 174 150 164 189 185 177 171 195 162 22 22 20 22 25 24 27 29 27 29 323 423 472 501 583 590 626 654 710 733 2,382 2,346 2,477 2,360 2,407 2,440 2,564 2,736 2,938 2,867 858 945 949 986 1,117 1,114 1,075 1,125 1,087 1,077 661 $22 849 882 960 911 1,011 1,213 1,352 1,286 638 714 756 758 847 832 906 996 1,060 1,005 64 64 65 62 71 71 75 74 72 80 63 71 91 136 150 134 155 214 241 219 192 211 264 252 314 297 270 352 33t 235 64 60 68 67 81 92 87 89 94 89 751 712 689 744 838 718 712 750 705 690 543 548 630 666 885 882 782 908 948 918 276 317 336 332 329 332 354 490 584 585 781 792 784 801 951 849 838 956 940 849 1 36 64 104 107 114 123 148 152 132 173 270 440 471 577 560 669 797 938 900 6 19 82 179 214 247 299 363 484 541 1,681 2,037 2,140 2,232 2,457 2,386 2,428 2,597 2,658 2,501 0 0 1 3 3 6 10 12 13 14 0 0 1 1 1 1 1 2 2 2 145 147 116 122 126 106 101 105 113 112 380 379 405 393 414 414 404 351 365 388 122 111 147 127 215 134 125 192 279 234 81 92 124 145 213 19' 194 248 281 248 58 75 76 81 88 Po 87 99 1.15 us 1,031 1,033 1,177 1,175 1,313 1,240 1,135 1,219 1,204 1,220 10 7 7 7 7 9 18 17 18 15 1,074 1,180 1,221 1,113 1,265 1,128 1,226 1,314 1,277 1,097 0 2 23 23 23 23 23 23 23 23 332 425 481 472 469 477 500 522 495 526 22 22 22 22 22 22 22 22 22 22 567 790 767 787 726 726 738 727 749 740 0 0 0 2 46 25 37 36 39 35 213 230 251 291 288 291 290 335 386 380 0 0 0 0 0 1 13 21 22 21 180 172 283 319 370 305 309 409 458 457 16 21 21 21 22 22 22 22 22 22 72 72 50 46 53 48 44 - 54 55 55 44 54 39 41 52 34 34 46 40 36 0 0 3 4 4 3 4 9 13 13 0 0 4 6 10 12 15 16 20 17 183 174 145 194 257 222 190 267 275 245 57 61 49 63 78 57 63 95 % 69 87 79 90 93 109 100 94 111 123 121 0 25 91 142 206 258 301 374 471 522 TABLE II - M JAL COW;NITY FLOWS (MY) 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 Cammmity MY MY MY MY MY MY EGY MY MY MY AN)OVER 83 88 90 102 AtOKA 634 671 722 746 APPLE VALLEY 654 625 702 784 AMEN FiQ.IS 410 409 450 441 BAYPORT 173 191 197 182 BIRCH,WD 29 30 29 33 BLAINE 786 802 866 919 BLDOMIEGION 2,946 3,087 3,137 3,404 BROOKLYN CfR 1,024 1,137 1,216 1,168 BROOKLYN PK 1,298 1,370 1,465 1,568 81RNSVILLE 1,036 1,319 1,538 1,627 CHM@LIN 101 110 128 167 CHANHASSEN 225 269 317 363 CHASKA 253 290 373 396 CIRCLE PINES 85 82 95 102 COLLMIA HTS 663 527 491 493 COON RAPIDS 941 1,020 1,089 1,082 COTTAGE GRV 442_ 459 474 475 CRYSTAL 831 867 978 911 DEEPHAVEN 142 138 134 138 FAGAN 961 11050 i,189 1,300 EDEN PRAIRIE 585 660 966 897 EDINA 2,475 2,597 2,700 2,744 EMPIRE TSHP 15 15 16 16 LAKE EItU 2 1 1 1 EXCELSIOR 99 108 L16 126 FALCON HGHrS 357 367 361 392 FAR4INXX)N 220 308 449 464 FOREST LAKE 275 276 293 315 P RESP L.K TP 103 113 123 129 FUDLEY 1,266 1,177 1,233 1,314 GEM LAKE 16 12 8 9 GOWEN VLY 1,129 1,268 1,331 1,379 (7umSHDOD 23 23 21 23 HAWINOS 544 549 605 600 HILLTOP 22 30 31 31 HOPKINS 748 775 795 791 mm 34 44 44 51 INV GROVE HT 383 407 397 407 IAKETTOWN TSP 20 14 15 15 IAKEV1IAX 495 519 729 837 IAIDFAL L 22 22 22 23 LAODERDAIE 54.74 80 78 WaNUNN 42 46 47 48 LIED LAKES 17 22 26 32 LILYDAL.E 17 18 20 22 LIT. CAtADA 276 265 247 263 I= LAKE 72 90 106 108 mm OE1 r 107 118 125 137 MAPLE GROVE 557 625 716 755 Cannwity 1971 FLY 1972 NGY 1973 MY 1974 PUY 1975 FS;Y 1976 NUY 1977 MY 1978 ICY 1979 bcy 1980 MY MAPLE PLAIN 80 99 82 86 128 63 88 93 65 NRPLEWMD 1,285 1,444 1,479 1,472 1,607 1,469 1,452 1,467 1,532 1,497 M DICINF, LK 16 10 7 7 8 8 8 10 9 10 NEDINA 26 31 27 27 37 29 35 59 51 43 MEN=A HTS. 287 257 282 '27 346 284 303 377 399 370 FIIFIIIFAPOLIS 30,361 29,789 28,215 26,406 26,662 23,501 23,289 23,407 24,085 23,508 NIIMMUNKA 121 162 343 622 887 1,002 1,097 1,240 1,370 1,422 MINNEr. BCH 0 0 0 0 1 10 14 21 23 24 MOUND 334 373 398 434 402 384 423 431 401 364 MINNETP=A 0 0 0 7 30 37 40 89 97 61 FOUNDS V154 223 258 335 326 359 364 371 391 436 424 NEW BRIGHTON 493 584 574 561 665 665 649 780 759 737 NEW HOPE 903 945 861 924 1,036 838 838 941 964 892 NEWPORT 65 63 65 62 83 79 99 119 122 106 NORTH 0AIC4 3 5 6 9 11 9 10 11 11 12 W. Sr. PAUL V7 512 442 388 463 407 413 482 543 518 OA10)ALE 257 304 Al 378 414 386 412 517 532 499 OAK PK. HTS. 2" 34 44 52 79 77 70 78 112 101 OPOND 84 105 112 118 130 118 130 188 181 179 OSSDO 96 101 100 102 134 111 108 116 124 122 PLYFDIIIH 645 712 722 772 1,003 1,047 1,191 1,459 1,559 1,608 PRIOR LAKE 42 43 46 56 104 161 21' 247 290 262 RICHRIF7 1,451 1,134 1,139 1,080 994 1,058 9. 000 1,004 983 SOEBINSDAI.E 524 495 498 544 548 488 45, 505 450 485 1DSD=NT 36 39 44 74 80 87 97 106 10, 106 ROSEV[VIId.E 1,636 1,577 1,486 1,504 1,790 1,481 1,524 1,603 1,542 1,496 Sr. ANTHONY 304 309 352 323 425 360 349 385 387 341 ST. IOUIS PK 2,523 2,527 2,465 2,374 2,415 2,268 2,181 2,289 2,454 2,397 ST. PAUL 25,532 +59 22,303 21,906 23,802 20,000 19,909 21,635 21,423 19,770 ST. PAUL PK 111 3 108 101 118 129 130 140 135 117 SAVAGE 115 106 138 153 140 141 134 158 138 SHAIDPEE 434 462 574 615 648 638 675 714 693 SHOREVVIEW 321 337 364 516 513 497 589 623 583 SHDRIYMD 0 �4 108 141 146 153 192 229 192 90. Sr. PAUL 3,717 3,403 3,275 3,470 3,742 3,007 3,000 2,774 2,890 2,278 SPRINT•. PARR 58 72 61 63 82 79 80 101 105 if - (SPRING Id PK 155 137 153 145 161 162 171 184 195 Sr. BDNIFAC. 0 2 10 10 17 18 19 26 27 9rlLLkQTER 796 716 665 650 685 691 697 726 803 741 STDI.WTR TP. 0 0 0 1 2 1 2 2 2 1 1ONKA BAY 39 40 63 69 82 52 51 78 67 64 VADNhIS H S. 32 64 107 98 117 124 158 260 262 231 VICTORIA 18 19 21 22 24 25 31 35 36 16 WAmNIA 0 0 0 0 17 109 114 126 128 113 W nATA 184 203 190 204 240 208 205 262 265 243 W. ST. PAUL 559 701 809 748 864 754 812 885 940 866 WT. WAR LC 501 596 632 597 719 739 613 724 749 685 W1'. WAR 1P 65 72 99 62 87 81 106 145 125 147 WILIM .IE 15 15 15 15 15 15 15 15 15 16 WJOCBURY 184 205 261 206 300 299 328 437 525 500 CENrERV13.[.E 0 0 0 0 0 0 0 10 22 23 90,380 90, 343 88, 301 07,131 94,005 84,760 85,307 91,502 94,294 89,918 1981 1982 1983 1984 1985 1986 1987 1988 1989 1.990 cc m ity FLY FLY FLY Pm M;Y FGY FGy tcy FGY H y MAPLE PLAIN 84 114 316 135 FAPLEWCOD 1,536 1,530 1,574 1,637 MEDICINE LK 12 13 14 14 MEDINA 45 61 84 Ll6 MEb=A HTS. 337 351 394 516 FnNNEAPOLIS 22,826 23,101 24,737 25,328 MINNEMNtA 1,405 1,574 1,786 1,919 MENNEP. Hai 19 25 11 27 KLM 373 421 1 467 MCN=RISTA 56 53 65 69 FOU[JS VIEW 463 394 432 469 NEW BRIGNION 807 820 882 895 NEW HOPE 899 955 1,109 1,096 TiWPORT 90 103 121 106 !OATH OAKS 13 13 15 15 NO. Sr. PAUL 438 490 546 628 OAKDALE 505 535 658 655 OAK PK. HTS. 92 104 101 L33 MONJ 168 185 207 212 OSSEO 116 ll4 104 105 PL)113= 1,550 1,674 1,900 2,064 PRIOR LAKE 264 283 391 366 RICHFIELD 979 921 1,024 1,007 . RDBBINSDALE 468 474 471 503 FOSII1aw 110 114 125 135 ROSEVIII.E 1,525 1,575 1,793 1,691 Sr. ANTHONY 353 405 408 440 Sr. ILUIS PK 2,287 2,279 2,558 2,539 Sr. PAUL 18,740 18,234 2.1,030 19,653 Sr. PAUL PK 118 125 136 L38 SAVAGE 145 176 217 228 SHAKOPEE 716 721 781 762 SHOREVIEW 636 657 655 739 SHORIWOOD 189 220 240 259 SO. Sr. PAUL 2,441 3,016 3,037 2,759 SPRING PARK 106 107 106 Lil SPRING IR PK 193 19B 208 226 Sr. BUNIPAC. 29 30 26 32 SIILUaC R 749 849 93i 947 STILWTR TP. 1 1 1 1 MWA BAY 61 63 76 73 VACNAIS HrS. 236 236 222 245 VICTORIA 38 51 54 58 W.'DFIIA 124 140 156 1:0 YAYZATA 235 242 254 2`3 W. Sr. PAUL 841 876 966 962 WT. BEAR lz 699 724 801 639 WT. BEAR 74 149 163 198 244 WlLLER.-UE 16 16 16 16 WOODHJN 486 518 583 604 CPNT6 n LIF. 28 13 38 39 88,488 91,161 100,114 101,245 METROPOLITAN WASTE CONTROI. COMMISSION STATEMENT OF 1985 SEWER SERVICE CHARGES 170 ORONO GALIONAGE \ OF TOTAL AMOUNT CURRENT USE CHARGES TREATMENT WORKS COSTS 200 .002073 SEWER SERVICE AREA NO. 04 200 .031126 51,255.83 TOTAL CHARGES 189,918.95 OTHER CREDITS OR CHARGES CURRENT VALUE CREDIT 33,988.00CR DEBT PAYMENT "REDIT 1903 FINAL COST ALLOCATION 17,553.73CR TOTAL CREDITS OR CHARGES 51,541.73CR =.*,L ANNUAL ESTIMATLI NET PAYMENT DUE 138,377.22 MONTHLY INSTALLMENT 11,531.43 L on the ,•st Aay of earn c 'nstallments noc receiee� ':y u,e loth day of each month in Which due shall be r6,7arded as delinquent and shall bear interest :rom th, first fay of s,,c'. month at the -ate of 6♦ per annum. LAKE 1,41INNETONKA CONSERVATION DISTRICT A G E N D A Regular Meeting, 7:30 p.m., Wednesday, May 22, 1985 TONKA BAY VILLAGE HALL 4901 Manitou Road (County Road 19), Tonka Bay 1. Cal'__ to Order 2. Roll Call 3. Minutes - April 24, 1985 4. Treasurer's Report A. Monthly Financial Report B. Bills NAY 2 0 10 L CITY OF ORO` 9 5. Committee Reports "'AY 2 81�a5 A. WATER STRUCTURES b ENVIRONMENT COMMITTEE (1) Committee Report�fP'� (a) Public Hearing Report: Deicing Program (b) 1985 Dock License Renewal: Bean's Greenwood Marina (c) " to of Amendment: Curly's (Caribbean) (d) Residential Boat Storage Study (e) Lake Inspection Tour (2) Action Items (a) Deicing Program Public Hearing (b) Dock License: Bean's Greenwood Marina (c) Dock License Amendment: Curly's (Caribbean) (d) Boat Storage Amendment - Public Hearing (3) Other B. LAKE USE COMMITTEE (1) Committee Report (a) Special Event Permit: Hawg Bass Fishing Contest (b) " so of LaFainera Windsurfing (c) of is It Renewals (d) it of of Program Review (e) 1985 Buo7 Inspection Program M Inspection Report - Crappie Contest (g) Charter Boat Registration (h) Water Patrol Report (i) Other (2) Action Items (a) Special Event Permit: Hawg Bass Fishing Contest (b) of ofof LaFainera Windsurfing (c) Crappie Contest Inspection/Refund (3) Other C. EXECUTIVE COMMITTEE 6. Senator Gen Olson - 1985 Legislative Session (8:30 p.m.) 7. Other Business 8. Adjournment 5 ./-85 LAKE MINNETONKA CONSERVATIv DISTRICT REGULAR MEETING TONKA BAY VILLAGE HALL April 2L, 1985 The regular meeting of the Lake Minnetonka Conservation District CALL TO as called to order by Vice Chairman Rascop at 7:30 p.m. on Wednes- ORDER day, April 24, 1985 at the Tonka Bay Village Hall. Members present: Richard Garwood (Deephaven), Carl Weisser (Excel- sior), Robert Pillsbury (Minnetonka), Donald Boynton (Minnetonka Beach), Frank de Monchaux (Minnetrista), Jon Elam (Mound), JoEllen ATTENDANCE Hurr (Orono), Robert Rascop (Shorewood), Ron Kraemer (Spring Park), Ed Bauman (Tonka Bay), Richard Soderberg* (Victoria), Audrey Gisvold (Wayzata), and Robert Slocum (Woodland). Communities represented: Thirteen 1131. *Arrived late. Hurr Moved, Gisvold Seconded that the minutes of the March 27, MINUTES 1985 meeting be approved. Motion; Ayes 1121, Nays [0]. Elam Moved, Bauman Seconded that the Treasurer's Report be approved TREASURER'S and the bills paid. Motion, Ayes 1121, Nays 101. REPORT WATER STRUCTURES 6 ENVIRONMENT COMMITTEE: Rascop reported that the Winston Estates hearing had been held after the committee had met; the Minnetonka Yacht Club dock license matter was continued subject to receipt of a revised application. Several other license matters were reviewed and recommendations made: 1. Schmitt's Marina - apprnval of the 1985 amended dock license application as stipulated. 2. Park Hill North - approval of new dock license request for seven WAU, subject to placing the slips in the inlet contiguous to the existing Park Hill West dockage. 3. Surfside - approval of the renewal application subject to no overnight parking at transient slips. 4. Lord Fletchers of the lake - approval of the 1985 renewal application. 5. Bay Shore Manor Condominium - approval of the 1985 renewal application for 20 WAU. 6. Maple Crest Estates - approval of the 1985 renewal application. 7. Village of Minnetonka Beach - approval of the 1985 renewal application, subject to late fees next year. 8. Hennepin County at Spring Park - approval of the 1985 renewal application subject to late fees next year. 9. Exceleint Bay Associates - approval of the 1985 renewal application. LMCD Board Minutes April 24, 1985 Page 2 10. Seahorse Condominium - approval of the 1985 renewal application, with minor change. The committee also (a) reviewed the summary sheet of the dock DOCK regulations, and recommended approval; (b) accepted the residential SUM4ARY boat storage study for further review and discussion; and (c) recommended a public hearing on the 1986 deicing program. Bauman Moved, Elam Seconded that the committee report be accepted. Motion, Ayes [121, Nays [0). Elam Moved, Hurr Seconded that the 1985 amended dock license for SCHMITT Schmitt Marina be approved as stipulated. Mcti,�.,, Ayes f12), AMENDMENT Nays [0). Hurr Moved, Bauman Seconded that the new dock license request PARK HILL of P.rk Hill North Apartments for seven WAU be approved, subject NORTH NEW to placing she slips in the inlet contiguous to the existing Park LICENSE Hill West dockage. Motion, Ayes [12), Nays [0]. De ,,chaux Moved, Gisvold Seconded that the following renewal dock license applications be approved, subject to village response and stipulations: Bay Shore Manor Condominium Homeowners Assn., Inc. Excelsior Bay Associates, Inc. 1985 Hennepin County at Spring Park RENEWAL Lord Fletchers of the Lake LICENSES Maple Crest Estates Village of Minnetonka Beach Seahorse Condominium Association (minor change) Surfside, Inc. Motion, Ades 1131, Nays 10). Wartman appeared before the Board and reviewed his request for a new dock license at Winston Estates, a new residential development on Cideons Bay (north shore). A hearing had been held at which the panel found that further submittals were needed before concep- tual approval could be considered. The additional material had since been submitted (a shoreline survey showing 2,660' including lagoon frontage, a new dock plan, a letter of amendment indicating water depths, easement lines, and Tonka Bay's approval letter), and Wartman's amended application was for 53 WAU. At the Board meeting questions arose as to whether or not Lot I had access to proposed dockage on the west finger of the lagoon, since the westerly property line seemed obscured in relation to the lagoon's west side line; if the lagoon finger is not contiguous to the property, the city would grant access via its adjacent road, but the frontage of the development would be reduced as well as the total number of WAUs for the development. LMCD Board Minutes April 24, 1985 Page 3 Boynton Moved, Pillsbury Seconded that the application for Winston Estates for 53 WAUs be approved subject to a certified survey regarding th,� west lot line, license not to be issued until the certified survey is received to show the lot lines on the west WARTMAN line of the development. Motion, Ayes 1131, Nays [0). DEVELOPMENT: WINSTON Elam Moved, Weisser Seconded that if the certified survey shows ESTATES that the Lake shore does not meet 2,660 feet, the applicant will return for an amended application to reduce the number of WAU accordingly. Motion, Ayes [13], Nays )0). LAKE USE. COMMITTEE: Pillsbury reported that the committee reviewed the Special Event Permit application for Fleet #8 to hold a sail- board race from Cooks Bay to Excelsior, through the Narrows, on May 18. After considering the history of the file and three alter- natives (having sailboards towed through the Narrows, holding the race on a date different from the fishing opener, or confining the race to the Upper lake), the committee referred the matter to the Board without recommendation, requesting the applicant to appear before the Board. The committee reviewed and recommended approval of the Minnesota Pro -Am Bass Tournaments, nubject to stipulations. The following renewals have been approved: Antique and Classic Boat parade, Earl L. Johnson/Minnetonka Bass Club fishing contest, Douglas J. Dunsheath parasailing, and Wayzata Marine boat show (with Excelsior Boat 6 Motor Mart, Chaska M..rina, and Kings Cove). The committee recommended approval of the county navigation buoy placement program for 1985, subject to the inspection program. The committee also recommended approval of the 1985 Slow buoy program with the placement of a Slow buoy at the north entrance to the Black lake horseshoe channel. The committee recommended acceptance of the inspection report and refund of the deposit for Lord Fletcher's broomball court. The D.W.I. legislation is moving through the legislature; discussion with the liquor commissioner has been continued for further legal review by the state. The Eater Patrol reported there will be little activity until W.P. the boating season starts. Bids have lwcn received for two new REPORT 1-0 boats for their use this summer. Kraemer Moved, Boynton Seconded that the committee report be accepted. Motion, Aver 1131, Nays 101. LMCD Board Minutes April 24, 1985 Pagc 4 Steve Garlock and Mike Fox appeared to clarify information for the Board on the Fleet #8 p-ermit application. Elam Moved, C svold Seconded that the special Event Perm applica- tion for Fleet #8's sailboard crossing on May 18 be approved subject to the following stipulations: 1. A minimum of 15 chase boats be provided for the races, and 3 pontoon boats to take the boards and racers throught the Narrows. 2. Marker buoys be placed au removed the same day. 3. Race course must not interfere with recognized fishing area. 4. This event must be terminated one-half hour before sunset. WINDSURFER FLEET #8 5. This event must be coordinated with existing boat race PERMIT schedules. 6. All temporary advertising signs must be removed within 24 hours after the event. 1. In the future, this event rill not be scheduled on the weekend of the fishing opener. 8. The Sheriff's Water Patrol must be present to assist at the Narrows - be sire to be in communication with the Patrol. 9. The Sheriff's Wat•rr Patrol may cancel the crossing at any time for —iblic safety reasons. 10. Permit is subject to the Cities of Mound and Excelsior, if necessary, and to the Sheriff's Water Patrol. Motion, Ayes 1131, Na-.s 101. Bauman Moved, Pillsbury Seconded that the fishing contests for the Minnesota Pro -Am Bass Tournaments be approved with the following stipulations: 1. Compliance with the District's speed limits (40/day, 20/night). MINNESOTA PRO-A.M 2. The District's noise limits must be complied with (t ,bA BASS rtt '')J', or 82 dbA on boats or motors built after 1-1-82). PERMIT 3. All temporar, signs for the evert must be removed within 24 hours after the event. 4. Boat registration numbers must be affixed to all boats, according to statute. LMCD Board Minutes April 24, 1985 Page 5 5. Permit is subject to the City of Mound (at weigh-in) for clean- up, parking, etc. 6. The event is under the jurisdiction of the Sheriff's Water Patrol. Motion, Ayes [13), Nays [0). Elam Moved, Weisser Seconded that the 1985 county navigation buoy COUNTY program be approved, subject to the inspection program. Motion, BUOY Ayes [13), Nays [0). PROGRAM Pillsbury Moved, Gisvold Seconded that the 1985 Slow buoy program, SLOW with the placement of a Slow buoy at the north entrance to the BUOY Black Lake horseshoe channel, be approved. Motion, Ayes [13), PLACEMFNT Nays [0). Bauman Moved, Elam Seconded that the inspection report be accepted FLETCHER'S for Lord Fletcher's broomball permit, and that the deposit be INSPECTION refunded. Motion, Ayes [13), Nays [O). EXECUTIVE COMMITTEE: Hurr reported that the committee reviewed COMMITTEES current committee membership, making changes subject to affirmation of the Board. The District had been advised that the Easy Race would be held Sunday morning, April 28, proceeds dedicated in part to support the LMCD Save the Lake Fund. The 1985 Seve the Lake Fund mailing should be read• y May 1. The committee continued to discuss the 1986 annual dinner, consid- ering the following suggestions: (a) have a preplanned program, including slides, (b) mail notices earlier, (c) make effort to attract more participation, (d) change name to Save the Lake Dinner and Ball, (e) LMCD to send the invitations, (f) reduce cost, or change style, (g) best right is a Wednesday or a Thursday. Dis- cussion was continued. EASY RACE SL MAILING ANNUAL DINNERS The committee was advised that the boating DWI legislation is BOATING moving rapidlv in the legislature. At the meeting with the Liquor DWI Commissioner, the liquor licensing program on lakes was reviewed. LEGISLATION The state will have a legal review of current regulations, and the group will meet again to work -up any resulting needed proposals. The committee held a preliminary discussion of the 1986 bud8%t, BUDGET determining that the proposal should provide for 4% salary adjus�- ments. LMCD Board Minutes April 24, 1985 Page 6 Arrangem-nts were not completed for a facilitator for the Board's WORK work session this year. The Work Session Committee will hold SESSION Interviews for proposals in the near future; the meeting date will be deferred until the program is established. The District has received some copies of the DNR's Lake Use Study, DNR An Evaluation of Water Surface Use of Lakes in the Seven County LAKE USE Metropolitan Area, submitted by Biocentric, Inc. (December 1984). STUDY A copy is on file with the District, and additional copies are being printed for all Board members. The District had received preliminary plans for Curly's gas dock, CURLY'S approved by the Fire Marshal and the city inspector. A question GAS DOCK arose as to the type of tank to be used - the committee recommended that his license plan stipulate that the tank meet state specifica- tions, be either non -corrosive STIP-3 or be fiberglass, and for license purposes be handled as a minor change. (The plan stipulates an STIP-3 tank.) This year, 1985, is the 30th anniversary of the Hennepin County WPs 30 Sheriff's Water Patrol. ANNIVERSARY The committee also reviewed the Winston Estates license amendment for a revised dock plan and shoreline survey. The committee took no further action. De Monchaux Moved, Gisvold Seconded that the committee report be accepted. Motion, Ayes 1131. Nays 10). OTHER BUSINESS: State Senator Gen Olson will attend the next meeting to update the Board on DWI legislation and other matters. Pillsbury Moved, Weisser Seconded that tour dates be as follows: Saturday 8- 3-85 Annual Conference for Public Officials TOUR Wednesday 7-24-85 Annual Lake tour for Directors DATES Saturday 6- 8-85 Annual Lake inspection for Dock Committee Motion, Ayes 1131, Nays 101. ADJOURNMENT: Weisser Moved, Pillsbury Seconded at .10 p.m. that ADJOURNED the meeting be adjourned. Motion, Ayes 1131, Nays 101. Submitted by: JOEllen L. Hurr, Secretary Approved by:, __ ----_-•-_ _-.___.__._ Robert Tipton Brown, Chairman STATE Of (r:�� (r �l (r '1!". ":. DEPARTMENT OF NATURAL RESOURCES PHONE NO. 1156-31--1c Mai 15, 1st' 12CO Warner Ruod, St. Paul, MN 5510C Orono City Ccurcil c/o City Clerk P.O. Box 66 Crystal Bay, 14F E,5323 Dear Courcil Member: L _ WY V—6-i,,,: I am writirc to inform you that the Cerartment cf Natural Puscurces (Dij.) will be holding a rublic informational meeting on Tuesday, May 21, 1985, to discuss providing public boat access tc Lake Minnetorka. The meeting, which will begin at 7:30 p.m., will be held in the large auditorium of the Minnetonka Senicr high Schocl, 18301 Highway 7, Minnetonka. The DNR has been seeking additional public access to Lake Pinnetonka fcr a number of years and has accelerated its cffo►ts since 1979 when th^ lake was identifies' ty a three agency task fence, (Metropolitan Cccncil, Drik and State Planning Agency, now the Department cf Energy and Ece omic Development), as a high priority lake in need of additional access. In 19E1, the DNR idcrtified property on IIelsted's Bay, Lake Minnetonka as heina suitehle for public access and a,ith a willirg seller, but by Febrt.ury 1982, then Cc,vernor, Al Quie, put a stop to the acguisitior due to opposition from the local community. A task force comprised of citizen members, gcvernnent officials and a chairperson was then formed to address recreeticnal use of Lake Minrctcnka Ord adjacent public lard. 1n a report published it 'une, 1983, the Task Force said that additional pr.Llic accesses were needed on the lake, specifically or the south and west shores, and that irrrrovements to existing accE sites were also required. Also recommended ty the Task Force were additional shore fishing opportunities, primarily by irstallins fishirg piers at various sites un the lake. The public inferritional meetira will corsider the issue of the need for additional are improved access to LakE Minnetonka. Paul Hanser, DUR Citiz.cr• Participation Cocrdiretor will nc.oerate the erceting ard agency representatives will be present to arswer questions and rEspcnd to concerns. Please feel tree to cortact me should you desire additional information in regard to this meeting or ary related issues. Sincerely , Kathleer P. 1:allacc ReSional Adr)iristratlt MEETING Citizens MAY 2 Advisory MIRY Committee URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM May 14, 1985 Mayor Mary C. Butler City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Mayor Butler: As specified in the Urban Hennepin County Community Development Block Grant Program "Citizen Part-icipaticn Plan," the Citizens Advisory Committee is to comment on the proposed activities of cities in Urban Hennepin County. The Committee has reviewed the proposals with regard to their conformance to Federal Statutes and regulations and the Urban Hennepin County Statement of Objectives, all of which must be substantially complied with to ensure funding of the program. With respect to the Orono proposal for the use of 527,894 in Year X1 Community Development monies, the Committee appro,es the following project: Sewer Improvements $27 ,894 The Committee wishes to encourage the City to require repayment agreements on the sewer improvements. The Citizens Advisory Committee is pleased to have the City of Orono partici- pating in the CDBG Program and wishes to remind the City that the timely expenditure of monies is necessary to avoid the loss of funding. Sincerely, Marty E1 s�om, Chair Citizens Abvisory Committee cc: Mr. John Gerhardson, City of OrCnu 235:3 Court Tower Hennepin County Government Center Minneapolis, MN 55487 348-6419 1 C, r t^, H f 0 l MINUTES OF THE MEETING OF THE SCHOOL BOARD OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON MONDAY, APRIL 22, 1985 The regular meeting of the School Board of Independent School District N278 was held on Monday, April 22, 1985. Present: Dave McKown William Levering James Seiter Don Anderson Reuben Palm William Fenholt Kitty Crosby Absent: James Franklin UPON MOTION by Kitty Crosby, seconded by Bill Levering, the minutes of the April 8, 1985 regular meeting were approved as presented. As the entire Board will attend the Awards Night ceremony at the high school on May 21, 1985, at 8:00 p.m., the regular School Board meeting scheduled in order to canvass the School Board election will begin at 9:00 p.m. Don Anderson reported on the Parent Meet and Confer meeting held on April 15, 1985. Issues discussed were grading, chemical dependency expenditures, number of students in third grade, elementary conferences, lunches at the elementary school and the ungraded system at Schumann Elementary. Mr. Anderson stated that he felt parents should first contact their respective principals regarding such issues and if they could not be solved on an administrative level, then the Parent Meet and Confer cc.mittee could become involved. Mary Smith of Dow -Sat Cable TV was present to provide further explanation/answer questions with regard to the agreement the District entered into w`th Dow -Sat. The Board expressed concerns in the areas of on -site generation of programming, staffing, Maple Plain franchise, coordinating programs with Maple Plain, etc. After a lengthy discussion, the Board felt that the system now being implemented should be evaluated from time to time by Community Education and the Board so as to remain informed as to progres:!rir, ,ry changes. UPON MOTION by Kitty Crosby, seconded by Bill Levering, the low bids for the special education remodeling and the hiqh school insulation project were approved as follo►.s: Peterson Construction, special education remodeling S49,998.00 Roman Construction for the high school insulation project S31,900.00 Mr. Fenholt stated that these bids fall below LhP architectural estimates and are well within the tiudget. Special education remodeling will be entirely paid from Federal funds and about 213 of the insulation project will be paid from energy grant funds. Discussion ensued regarding the necessity of using an architect for such a pro- ject as the insulation of the wall of the high school. Some of the Board mem- bers questioned the use of Matson, Wegleitner and Abendroth as the school architect. Mr. Fenholt explained that the insulation project was of a technical nature and that the Board had previously approved the use of our current archi- tectural firm and combining the two projects for bidding. Bill Fenholt informed the Boaro that the committee for Comparable Worth has been formed and everything is progressing on schedule. UPON MOTION by Bill Levering, sEcn^fed by Reuben Palm, the tractor bids were tabled until such time as clarif` n as to the cost of the tractor regarding its size/horsepower can be preset to the Board. UPON MOTION by Don Anderson, seconded by Bill Levering, the Board accepted the resignation of Nancy Nelson Neumann as part-time Spanish teacher at the high school effective May 31, 1985. UPON MOTION by Kitty Crosby, seconded by Reuben Palm, the Board granted approval for Bernadette and Ramon Dolly to finish the 1984-85 school year at Buffalo. UPON N "ION by Kitty Crosby, seconded by Reuben Palm, the Board approved the call t_ roof replacement bids on 23,987 sq. feet of the Schumann Flementary roof, engaging the firm of Matson Wegleitner and Abendroth to draw the bid plans and supervise the work. Concerns were once again stated by various Board members regarding the use of the present architect. Bill Levering MOVED, and Don Anderson seconded, to amend the motion to state that prior to any additional engagement of an architect for any purpose, beyond the Schumann Elementary roof, that the Board be notified. The question was called on the amendment to the motion. Carried unanimously. The question was called on the motion as amended. Carried unanimously. Reuben Palm questioned if the Board was now going to look at other architectural firms and their credentials. Bill Fenholt stated that unless there is a major project pending, a School Board generally does not interview architectural firms. UPON MOTION by Kitty Crosby, seconded by Bill Levering, the following resolution was passed: RESOLVED, that William Fenholt, on behalf of Orono Independent School District #278 is hereby authorized to enter into and designated to sign a contract for public school energy conservation investment loan funds as authorized by Laws of Minnesota, 1983, Chapter 323, and approved by the Energy and Economic Development Authority. 2 BE IT ALSO RESOLVED that the Orono School Board guarantees it will annually levy or otherwise collect an amount sufficient to make annual loan repayments of the interest and principal due on the loan amount approved, which is not to exceed the S26,385 requested in the accompanying loan application. Kitty Crosby provided the Board with a variety of information regarding several consulting firms that she had contacted for the superintendent search. Mrs. Crosby recommended that the Board interview Harold Webb Associates from Evanston, Illinois and Dr. Van Mueller/Dr. Cliff Hooker from the University of Minnesota. She asked the Board to provide direction in the choice of a third consulting firm to interview. She stated that she would be receiving materials from some of these firms which would help in the decision process of whether or not the Board would want o interview them. Mrs. Crosby stated that she felt the Board needs to (1) solidify what they, as a Board, want from the consultant; (2) decide if the Search Committee should be expanded beyond the Board and (3) discuss more thoroughly the involvement of the consultant. The Board set a special meeting for April 29, 1985 at 7:00 p.m. for further discussion on consulting firms and discussion on the development of a process the Board should follow. UPON MOTION by Kitty Crosby, seconded by Bill Levering, the following proce- dures, polling places, polling hours and judges for the 1985 School Board Election on May 21, 1985, were established: 1. All ballots will be commercially printed. 2. The names of the candidates will be rotated on the ballots to provide that each candidate's name shall appear first, last and in an inter- mediate position as near to an equal number of times as possible. 3. Polling places shall be open from 7:00 a.m, to 8:00 p.m. 4. The polling places shall be the Maple Plain City Hall, the Orono City Hall, and the Orono Middle School. 5. The following shall be judges: Alice McPherson, Carol Strassburg, Gay Kearin, John Groff, Betsy Clark, Lyla Hillstrom, Sandy Larson, Mary Kelley, Kenneth Turnham, Ruth Eisinger, Ruth Hoffman, Wendy Larson. Additional judges and/or substitutes will be provided at the May 13 Board meeting. UPON MOTION by Bill Levering, seconded by Don Anderson, the bills as covered by vouchers 047497 through 047561 and 046892 through 046953 were approved as presented. UPON MOTION by Reuben Palm, seconded by Don Anderson, the Activity Fund Report for the third quarter of the 1984-85 school year was approved as presented. 3 UPON MOTION by Don Anderson, seconded by Kitty Crosby, the Treasurer's reports for February and March, 1985 were approved as pre,ented. UPON MOTION by Kitty Crosby, seconded by Don Anderson, the meeting was adjourned. Kathe n P. Crosby, Clerk Approved: ,0 _ e. B—avid McKown, Chairman 4 CUUNCI! f4tEETING [JAY 2 81985 MINUTES UftLAFAMDEETING OF SUBURBAN RATE AUTHORITY April 17, 1985 Pursuant to due call and notice thereof, the quarterly meeting of the Suburban Rate Authority was held at the Ambassador Motor Hotel, in the City of St. Louis Park, Minnesota, on Wednesday, April 17, 1985, commencing at 6:30 p.m. 1. Call to Order: The meeting was caller: to order by the Chairman, Graydon Boeck. 2. Roll Call: Upon roll call, attendance was found to be as follows: Bloomington Brooklyn Park Columbia Heights Deephaven Eden Prairie Edina Fridley Greenwood Hopkins Lauderdale Maplewood Minnetonka Osseo Plymuutki Richfield Robbinsdale Roseville Shakopee Shoreview Spring Park Wayzata Also in attendance were Len Kne, Development from the city of Coon from the city of Excelsior; Louis Waste Control Commission; and SRA and Glenn Purdue. Charles S. Schuler Graydon R. Boeck Arden Hovland Bruce Nawrocki William D. Schoell John D. Frane Paul Redpath J. N. Dalen John Wallin John Flora William Schoell John J. Strojan Raymond Shogren John C. Greavu Robert DeGhetto Donald Asmus Catherine Goth Frederick Moore Michael Sandahl Michael A. Holtz Charles Honchell John K. Anderson William Stawarski Patricia Osmonson Allan Orsen Director of Economic Rapids; Charles Thomson Breimhurst, Metropolitan attorneys Clayton LeFevere 3. Approval of Minutes: The minutes of the annual meetinq of January 16, 1985 were presented for approval as mailed. It was moved by Mr. Nawrocki, seconded by Mr.. 3choell, that the minutes as submitted be approved. Carried unanimously. 4. Secretary -Treasurer's Report: Secretary - Treasurer Dalen presented a written financial report for the three months ended March 31, 1985. (Copy attached.) The report showed a cash balance of $9,439.01 and investments having a cost of $52,349.52 and a face value of $55,000. The report also disclosed the status of payments of annual assessments by members, showing $22,636.15 in payments due from members as of March 31, 1985. He indicated that a follow-up would be done on any late payments. It was moved by Mr. Greavu, seconded by Mr. Schoell, to approve the Secretary -Treasurer's report. Carried unanimously. 5. Claims: The Secretary -Treasurer submitted the following claim: LeFevere, Lefler, Kennedy, O'Brien & Drawz for legal services and disbursements through March 31, 1985: General: $ 1,555.72 MWCC Administration Review: 52.50 Northwestern Bell: 15.00 CSO (Combined Sewer Overflow): 867.82 Board and Executive Committee: 768.75 Uniform Electric Franchise: 629.35 Amicus Brief -Metro Deaf Sr. Citizens, Inc. (NW Bell): 164.48 Total Fees: $ 2,726.25 Total Disbursements: 1,327.37 It was moved by Mr. Sandahl, seconded by Mr. Shogren that the claim be paid. Carried unanimously. 6. Contribution by Mr. Charles Thomson: The Chairman iated that a letter had been received from Charles Thomson of Excelsior, a former member of the SRA -2- board, expressing his interest in continuing to receive minutes and notices of meetings. Mr. Thomson also indicated his desire to attend meetings if that would be permissible. He enclosed a check in the amount of $100 as a contribution towards the SRA. It was moved by Mr. Anderson, seconded by Mr. Greavu, that the $100 contribution of Mr. Thomson be accepted with appreciation and that he be placed on the mailing list of the SRA and informed that he is welcomed to attend SRA board meetings. Carried unanimously. 7. Address by Mr. Louis Breimhurst, Chief Administrative Officer of the Metropolitan Waste Control Commission: At the request of the Chairman, Mr. Breimhurst was introduced by Mr. LeFevere. Mr. Breimhurst has served with the Environmental Protection Agency, the Minnesota Pollution Control Agency, as assistant CEO of the Metropolitan Waste Control Commission and recently has been appointed to and has assumed the responsibilities of MWCC's chief administrative officer. Mr. Breimhurst expressed appreciation for having the oppor- tunity to communicate with a number of public officials on the matter of the activities of the MWCC. He expressed satisfaction with the Management Study of MWCC that has been completed and took note of the fact that Mr. Spore, as a representative of the SRA, had served on the task force which had defined the Management Study and had supervised and monitored its progress. He indicated that an effort is being made and will continue to be made to implement the recommendations of the Management Study. In that connection he indicated that one matter requiring further study is the rate structure of MWCC. He reported that a special task force is being created to define and monitor the rate study and that two representatives of the SRA have been invited to participate. (Chairman Roeck has responded to this request from t4WCC and has appointed board members DeGhetto and Honchell as SRA's representatives on the Rate Study Committee.) Mr. Breimhurst indicated that Peter Meintsma, chairman of the MWCC, has identified certain priorities in responding to the recommendations of the Management Study. (1) There should be certain changes in the organizational structure of the MWCC. Such changes are now under active consideration. Mr. Breimhurst noted that among other things the MWCC now has a new chairman, a new chief administrative officer and a new chief deputy administrative officer. He indicated that other changes in the administrative structure are likely to occur. -3- (2) As recommended, action has been taken to establish an internal auditing function. The staff for the internal auditing activity has not yet been selected but it is expected that the leadership of the audit staff will be selected in the near future. (3) Better communication with MWCC's "users" is to be established. To that end, the MWCC's chairman has scheduled a series of meetings with local governing bodies. Both the chairman and the chief administrative officer are undertaking to speak to interested municipal groups as frequently as possible. In addition, the MWCC is beginning to try to define better ways of establizhing two-way communication with the customer municipalities. Mr. Breimhurst indicated that the MWCC is likely to seek community advice on how this can best be accomplished. (4) MWCC lacks a comprehensive management information system. There is a need to obtain an up-to-date data proces- sing system and the commission is initiating steps to accom- plish this. It is expected, however, that this will be an expensive undertaking and that it will take three or four years to accomplish it. (5) Long-range planning has been made for shorter periods of time. Most planning has been on a one-year and a five-year basis. Longer -range planning is needed and he expects to establish a process for such longer -range planning. (6) The rate structure has been characterized as unduly complex. A comprehensive study will be taken to see if a fair system of rates can be devised on a more simplified basis. A consultant to assist in the conduct of a comprehen- sive rate study has not yet been selected but will be selected in the near future. The MWCC has established as its target that rate review would be completed and implemented for use in the 1987 budget year. Mr. Breimhurst indicated that the Management Study contained seventy-five different recommendations. Among them was a recommendation that salary and fringe benefits be thorou--Thly reviewed. An effort must be made to put a cap on the fringe benefits. The MWCC has retained a firm to study comparable worth. There is a strong likelihood that the same firm, Hayes & Associates, will be engaged to study salaries and fringe benefits. -4- The Management Study also recommended a thorough review of all. staffing patterns. In response to this recommendation, management has established some fifty-four staff teams fur the purpose of obtaining employee input on possible work assignments and staffing changes. Each of the teams is also being asked to formulat,<., an implementation plan for its recommendations as well as a schedule. After Mr. Breimhurst concluded his formal remarks, he res- ponded to questions. Members of the board expressed appre- ciation for Mr. Breimhurst's openness and willingness to communicate with municipal officials with his efforts to date to implement the Management Study recommendations. (Copies of an Executive Summary of the Management Study were distributed and are available on request.) 8. Status of Uniform Electric Franchise. Mr. Purdue reported that a committee of the SRA consisting of Chairman Boeck, Fred Moore, Fran Hoffman and himself has met twice and has drafted a Uniform Electric Franchise. He indicated that contact with NSP has been made and that the draft would be sent to NSP for comment. The subject areas of special concern have been undergrounding of new electric distribution system, tree -trimming and restoration of public streets and grounds. 9. Municipal Pumping Rates - Electric: Mr. Purdue reminded the board that last October it authorized a contri- bution of up to $7,500 to the American Waterworks Association to defend the municipal pumpinq rate in the next NSP general rate case. NSP has not yet filed for new rates, but the Waterworks Association is proceeding with preparation of its case and it has had discussions with NSP concerning the Peak Controllable Rate. An effort is being made to reach agreement with NSP on the pumping rate. 10. Combined Sewer Overflow: Chairman Boeck reported on t e status of legisla-ti-n which would provide funding for the separation of the remaining_ combined sewers in the cities of Minneapolis, St. Paul and South St. Paul. Members of the board expressed continuing support for a partial interest subsidy by the state but no subsidy for capital costs. 11. Commendation of Former Chairman Fred (Moore: The Chairman indicated t�iat the SRA Board had not formally expressed its appreciation to Fred Moore for his services as -5- chairman of the SRA. It was moved, seconded and unanimously carried that the board of directors of the SRA express to Frederick Moc-: the sincere appreciation of the board for his highly devoted and effective efforts as chairman. 12. Membership: Mr. Purdue reported that the Chair- man sent letters to councilmembers and managers in ten cities which are not now SRA members. Those cities are Anoka, Coon Rapids, Crystal, New Hope, Cottage Grove, Inver Grove Heights, Eagan, White Bear Lake, Blaine and Stillwater. These contacts should be followed up in the next few weeks. He noted that Mr. Kne from Coon Rapids was in attendance, and he stated that two or three other cities have exprczsel some interest in joining the SRA. The board encouraged him to follow up those contacts. 13. Election of Officers: The Chairman called attention to the fact that the office of Vice Chairman is vacant because of the departure of James Spore from Minnesota to Texas. He invited nominations for the position of Vice Chairman. John Greavu was nominated. Upon call for other nominations, there were none, whereupon it was moved by Mr. Sandahl, seconded by Mr. Nawrocki, that Mr. Greavu be elected by unanimous ballot. The motion was carried unanimously and Mr. Greavu was declared elected. 14. Executive Committee Vacancy: The Chairman called attention to the fact that the election of Mr. Greavu creates a vacancy in one of the Executive Committee offices. He indicated that, there being no objection, he would defer the filling of this office until the next quarterly meeting of the board. There was no objection and it was so ordered. 15. Metropolitan Land Fill Abatement Act: Charles Thomson commented on the "hidden tax" provided in the Metro- politan Land Fill Abatement Act (MS S473.842 - 473.847). He expressed concerns about how the proceeds of the fees pro- vided for in the Act will be spent. He indicated that municipal officials as well as members of the general public should be concerned about the disposition of such proceeds and should insist upon knowinn the uses of such proceeds. Other members of the board expressed similar concerns and the Chairman, acting upon the suggestion of Mr. Anderson, indicated that this matter would be scheduled for the agenda at the next meeting and that an effort would be made to obtain information about the fees and their use, prior to that meeting. 16. St. Paul Water Rates: Mr. Greavu expressed concern over the fact that West St. Paul and Maplewood have been charged 20% more than is charged to St. Paul residents for water supplied by the St. Paul Water Department. He indicated that there is a bill in the Senate on the subject which attempts to eliminate this "profit". He urged support by affected municipalities. 17. Adjournment: There being no further business to come before the meeting, upon motion by tor. Flora, seconded by Mr. Honchell and carried unanimously, the Chairman declared the meeting adjourned. ATTEST: Chairman Attachments Secretary 7- SUBURBAN RATE AUTHORITY APiALYSIS OF CHANGE IN CASH BALANCE SAINT LOUIS PARK, MINNESOTA For -Three Months Ended March 31, 1985 Balance at January 1, 1985 Additions: Interest income Sale of Investments Special Assessments 1985-See schedule attached for details Special assessments 1984-City of Hopkins Deductions: Accounts Payable: LeFevere,Lefler,Kennedy,O'Brien and Drawz Purchase of investments Balance at March 31, 1985 NOTE A: The breakdown of legal cost is as follows: General Metropolitan Waste Control Northwestern Bell Telephone Northern States Power Co. YEAR 1984 IN`TFST`•'ENT:' $ 1,756.44 $ 1,513.20 28,1486.80 35,153. 66,135.15 $67,691.59 $ 6,103.06(A) 52,349.52 59,!,52.58 $16,448.13 5,215.65 3o,1114.45 245.00 $52,023.23 FBM Bankers Acceptance - Discount - August 5, 1985 United States Treas xy Bills - Discount - September 5, 10a5 United States `^reasury Bills - Disc• - November :'9, 1185 , FAME 'iA:,•?F Q o,'-3o.b1 $14 ,420.15 211,911.99 14,^17.38 $5',?49.52 SLM_URBA:I RATE AUTHORITY STATUS OF ASSESS:-lENT RECEIVABLE SAINT LOUIS PARK, MINNESOTA As of March 31, 1985 BALANCE CITY VOTES ASSE71"•'E^TT PAID DUE Bloomington 17 $ 6,257.70 $ 3,128.85 $ 3,128.85 Brooklyn Center 7 2,576.70 2,576.70 Brooklyn Park 9 3,312.90 3,312.90 -0- Burnsville 8 2,944,80 1,472.40 1,472.40 Champlin 2 736.20 368.10 368.10 Circle Pines 1 368.10 368.10 -0- Columbia He--' is 5 1,840.50 920.25 920.25 Deephaven 1 368.10 184.05 184.05 Eden Prair_z 4 1,472.40 1,47^.40 -0- Edina 10 3,681.00 3,681.00 -0- Excelsior 1 368.10 368.10 Fridley 7 2,576.70 2,576.70 -0- Greenwood 1 368.10 184.05 184.05 Hastings 3 1,104.30 1,104.30 -0- Hopkins 4 1,472.40 1,472.40 -0- Lake Si,. Croix Beach 1 368.10 368.10 Lauderdale 1 368.10 184.05 184.05 Loretta 1 368.,-o 368.10 Maple Plain 1 368.10 368.10 -0- Maplewood 6 0.208.60 1,104.30 1,104.30 Minnetonka 8 '44.80 2,944.80 Minnetrista 1 ,68.10 184.05 184.05 New Brighton 5 1,840.50 1,840.50 -0- North St. Paul 3 1,104.30 1,104.30 - Orono 2 736.20 368.10 r.10 Osseo 1 368.10 368.10 Plymouth 7 2,576.70 '',576.70 Richfield 8 2,944.80 L,472.4o 1, i2.40 Robbinsdale 3 1,104.3C 1,104.30 -0- Roseville 8 2,944.80 2,944.80 -0- Shakopee 2 736.20 736.20 -0- Shoreview 4 1,4',2.40 1,472.40 Spring Park 1 368.10 184.05 184.05 5t. Louis Park 9 3,312.90 3,312.90 Vadnais Heights r_ 736.20 736.20 Victoria 1 368.10 184.05 184.05 Wayzata 1 368.10 184.05 184.05 WOOdi3:id 1 368.10 368.10 $35,'S�•RS $22,638.15 b-00M DO 1M QlS f,�r�r�ala� ►Id�w'I�n:f• Ir ••min t too. .,*ova isa �.a•a,p• / /. nC• i��u•r. pmf:t 11 -5 and A."1 Rana and %LAO #"wow. f4app"t 1JN leay»wa nd Ar+un .. thwG::.t� In• lnawt+aa 6.vup lnse,Omv , left$;al+ X e C tuk4 lo ve 15CuSS� C� ft n 9 led �'► e#5 COUNCIL MEETING MAY 2 819n5 are 116 W 0 ew4ml rif /gs Cheek k) i4-h 4in iDe4.4-),sb dbWr0P,A+S Clerk as • rhose No+ rx�b� it lmoor�o�afi� � v C o W m. y \ • y r, t i r' led CK 10 �1n h o i 9k�2 vo'� � M H �� to ato t 1 30 cb G Vj o41 � pD J� Lvo-`'s V Filt No. ]land' PRELIMINARY ia,�p Book - Page 19� ' CLUB HOL /t9• 3.. WELL ff LOCAT/ON OF /Rs�60 d1FT pGsS/OCF ' ,0iPz G/H HPP,OG'D #c03 50-!7' ..'n7' -49000 4RS� f/OUGL - h/VcA 0-390 OR: iP WA}' f R soo G:r.- I�.v ± 9-f 000 M-RB' To SE coy, Of SL'l !* of SEC 39 PLOT /9618_. Su/7vO y oA74D t/"2/S9