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HomeMy WebLinkAbout11-12-1985 Council PacketMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVF.MBER 12, 1985. PG. 1 ATTENDANCE 7:02 PM The Orono Council met on the above date with the following members present: Mayor Butler., C.ouncilmembers Frahm, Adams, and Hammerel. Councilmember Grabek was absent. The following represented the City staff: City Administrator Bernhardson, Building and Zoning Administrator Mabusth, Public Works Coordinator Gerhardson, and City Recorder Peterson. City Attorney Blatz and City Engineer Cook were also present. WESTERN HENNEPIN COUNTY PIONEER ASSOCTAT10N REPRESENTATIVE Present, representing the Western Hennepin County Piot ar Association, were Jim Dillman, Ken Turnham, and )an Mendelson. Jim Dillman handed out some literature to the Council regal Ong the Museum and thankeJ the City for its continued support of an annual donation. It was noted that the Museum is open to the public on Sundays from 2r00 to 5:00 PM. CONSENT AGENDA* It was moved I Councilmember Frahm, seconded by Councilmember Han erel, to c,pl:.-ove the consent agenda* subject to removal of Item 011, h986 Rovegno per Mayor Butler's request. Motion, Ayes 4, Nays 0. APPROVlSL OF MINUTES* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the Minutes of the October 28, 1985 Councia meeting as submitted. Motion, Ayes 4, Nays 0. PARK COMMISSION COMMENTS Thert- were no comments from the Park Commission at this time. PLANNING COMM 15 I ()N COMMENTS Planning Commission Chairman Cal lahan, was pro- _.;t and had no comments at this time. PUNI.I(" COMMENT; -Curt Quady, 1223 South Brown Road, was present stating his disapproval of persons who are able to -_ btain variances after they have constructed illegal structures. --Gary Printup► 1?61 Briar Street, was present inquiring about the status of the Crystal Ray sewer project and when they can expect t.c hook up. Engineer Cook advised him that theywill start inspectinq the lines this week and possibly some hook-ups will start beinq made next week. City Administrator Bernhardson told Mr. Pri.ntup to contact. Public works Coordinator Gerhardson next week for a more accurate hook-up date. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 12, 1985. PG. 2 ZONING ADMINISTRATOR'S REPORT: #921 VAN EECKHOUT BUILDING CORP.* 2135 SALF.M COURT VARIANCE RESOLUTION #1881 It was moved by Councilmember Frahm, seconded by Councilmember liammerel, to approve Resolution #1881 granting a variance 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. Motion, Ayes 4, Nays 0. #852 WILLIAM GREGORY 1410 SHOkELINE DRIVE CONDITIONAL USE PERMIT AND VARIANCE Representing the applicant was their consultant, Greg Kopischke. City Administrator Bernhardson submitted the proposed wetlands alteration for conceptual review and direction. Greg Kopischke commented on staff's recommendation regarding use of spoils. Councilmember Frahm felt that there was no objective criteria to support. this type of project and felt it woul(. be setting a negative precedent. 'ounci lmember Adams felt that this should be considered and indicated as a "test category" in order to limit further applications for this type of project. City Administrator Bernhardson stateci that due to the flow in this particular area, it would not prove to be a good tent area. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to table this matter for further study in order to establish criteria guidelines. Motion, Ayes4, Nays 0. #906 SHIRLEY McMI:._LIAMS 1120 AND 1130 WILLOW DRIVE SOUTH FINAL. SUBDIVISION RESOLUTION #1882 La Dean McWi.l 1 iams, 1130 Willow Drive South, was present for this matter. City Administrator Bernhardson explained the request for a metes and bounds subdivision of a lot line rearrangment which also requires a setback variance of 7' for an existing .accessory st ructuro. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 12, 1985. PG. 3 #906 McWILLIAMS continued It was moved by Councilmember Adams, seconded by Councilmember Frahm, toadopt ResoIution#1.882approving the metes and bounds subdivision of a lot line rearrangment as proposed. Motion, Ayes 4, Nays 0. #976 CALVIN KORTH 2615 LYRIC AVENUE CONDITIONAL USE PERMIT RESOLUTION #1883 Calvin Korth was not present for this matter. City Administrator Bernhardson explained the request foi: a conditional use permit to keep a pet pygmy goat. It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to adopt Resolution #1883approving the Conditional Use Permit to keep a pet goat_ subject to staff's recommendations. Motion, Ayes 4, Nays 0. #980 RICHARD M. KEAVENY 3423 SHORELINE DRIVE PRELIMINARY SUBDIVI.SIOb City Administrator Bernhardson explained they impart of the proposed dedicated right-of-way requested by the County which effects the lot size of Lot 1 and would result in the loss of approximately ten parking stalls on Lot 2. Richard M. Keaveny was present for this matter and stated he was recently informed of the proposed right-of-way and is against dedication to the County. Zoning Administrator Mabusth stated that staff would like to analyze the parking of the total area. City Engineer Cook pointed out the problems with the parking by the loss of the right-of-way. Mayor Butler stated she would like to see joint use of parking spaces along with the dedication of the right-of-way in order to solve the problem. Mayor Butler stated hat based upon the hours of operation of the ex i. st ing establishments and that the proposes? "Chicken Joint" is designed to be a take-out restaurant., a workable solution for parking should be available. Michael McEneny, 2499 Kelly, was present to voice his concernv regarding the possible odors from the proposed "Chicken Joint" and the measures that would be taken to control this. Councilmember Adams felt Mr. McEneny's concern was valid and should be considered. MINUTEfS OF THE REGULAR ORONO COUNCIh MEETING HELD NOVEMBER 12, 1985. PG. 4 1980 REAVENY continued It was moved by Councilmember Adams, seconded by Councilmember. Hammerel, to table this matter until the November 25th Council meeting for staff to work on the problems of parking and pollution control. Motion, Ayes 4, Nays 0. #982 JOHN C. LAMBIN 3405 SHORELINE. DRIVE CONDITIONAL USE PERMIT Joe Gorecki was present representing applicant. Due to the tabling of the previous subdivision request ( M980 ) which directly relates to this matter, City Administrator Bernhardson requested council review this matter for conceptual approval subject to final subdivision. Councilmember Adams stated the sizing of landscape should be indicated ()n the plans. Planning Commission Chairman Callahan noted the concerns of the traffic flow pattern on Kelly Ave. City Engineer Cook expla.ned his proposed sketch (Exhibit F) for traffic pattern. It was moved by Councilmember Hammerel, seconded by Councilmember Frahm, to table This matter subject to final subdivision of 4980. Motion, Ayes 4, Nays 0. #986 GEORGE ROVEGNO 2010 SHORELINE DRIVE VARIANCE/CONDITIONAL USE PERMIT RESOLUTION George Rovegno was not present for this matter. Curt Quady, 1223 South Brown Road, questioned whether applicant had a building permit when he constructed the fence, and if not, should be penalized. He further stated that by allowing ;:his fence would create problems with fences being constructed all along the lakeshore. City Administrator Bernhardson advised Mr. Quady that a building permit. is not required for a fence under 6 ft. The issue is whether or not a fence over 3-112 feet is allowed and/or allowing an accessory structure on property which does not support the primary structure. Mayor Butler stated that. she felt by allowing the fence to remain would be setting a critical precedent. Cary Printup, 1261 Briar Street, noted that County lid. 1.5 is a desi.gndted scenic park route in accordance wi*h the Orono Comprehensive Guide Plan. He voiced his objections with the Council approving the fence after the Planninq Commission denied the fence. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMIF54 12, 1985. PG. 5 f986 ROVEGNO continued Councilmember Adams stated that an after -the -fact variance fee should be applied. Jack Spence, 2040 North Shore Drive, stated that i.t was a "homely fence" and asked who would incurr the cost of damages to the fence from snow plows and/or snow removal. Mayor Butler stated that applicant has an agreement with the County regarding damages. Zoning Administrator. Mabusth noted that. applicant's variance request is to allow a fence 2" over the allowed height. Curt Quady stated the issue is that the fence is blocking the view of the lake. LaDean McWilliams, 1130 Willow Dr. S., stated that perhaps the definition of "fence" should be changed. Sandy Sandgren, Crystal Say, staged that the fence creates visual hazards. Public Works Coordinator Gerhardson stated that the fence at its present height is definitely a hazard but would not be a hazard at 3-1/2 feet in height. Mayor Butler noted that this fence issue must be resolved because the public access is to be opened on Decemi-r 1, 1985. Council felt it inappropriate to make a decis:_on on this issue without the applicant being present. City Attorney Bl.atz was instructed to reveiw the ordin-ince to determine whether a fence is allowed within 75' of lakeshore. It was moved by Councilmember Frahm, seconded by Councilmember Hammerel., to table this matter until the November 25th Council meeting, to determine the need fr,r a variance for an accessory structure and its impact, so applicant cdn be present, and amend the exist i.nq resolution delaying "_hp opening of the Spates puk)lic a, ce s until December l�t.h. Mrition, Ayes 4, Nays 0. CITY t!W I NEBR' S REPORT: R1RQURST FOR FINAL VA,.YMRNT' JBDLICK1 , INC. HIGHWAY 12 D I Tr"N GRADING It was moved by Councilmember Frahm, seconded by Councilmember, Hammerel, to approve,- the final request for payment from Jedlicki, Inc. for T.H. Highway 12 Sani•-ary Sewer Repair and Ditch Gradinq in the Amount of $1 , 21.5.00. Motion, Ayes 4, Nays 0. MINUTES OF THE REGULAR ORONO COUNCII. MEETING HELD NOVEMBER 12, 1985. PG. 6 CRYSTAL BAY SEWER PROJECT* CONTRACTOR'S ESTIMATE #4 It was moved by Councilmember. Frahm, seconded by C Nammerel, to approve the request for payment #4 from A.R.I. Contracting, Inc. for Sanitary Sewer Improvements Crystal Bay in the amount of $121,731.07. Motion, Ayes 4, Nays 0. WILLOW DRIVE* CONTRACTOR'S ESTIMATE #1 It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the request for payment #1 from Wm. Mueller & Sons, Inc. for Willow Drive Overlay -Old Crystal, Bay Rcad Overlay in the amount of $30,324.47. Motion, Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT: LAKE MINNETONICA USE AND ACCESS City Administrator Bernhardson stated that LMCD Chairman Robert Rascop was unable to be present as planned. He noted that a representative from the LMCD would be present at the November 25, 1985 Council meeting. Dar Regan, 3410 North Shore Drive, was present and inquired about the possibilities of getting "no parki.. 3" posted along North Shore Drive and the impact of the DNR presently on Lake Minnetonka as it reflects this request. Mayor Butler stated that the general public would probably be very much against a "no parking" zone. City Administrator Bernhardson introduced _enator Gen Olson. Senator Olson discussed her feeling regarding the DNR and their methods for siting "free" public accesses as it pertains especially to the Lake Minnetonka community areas. She felt_ that the City's should be involved in the sit.ings. Senator 01 son noted that Lake Minnetonka is the f ifth busiest lake in the country. She spoke on the problems they have encountered in Minnetrist.a regarding public accesses. Councilmember Frahm had concerns regarding the responsi- bility of maintenance of the "free" public accesses. Mayor Butler noted the public safety problems once the boats are on the lake. It was moved by Mayor Butler, seconded by Councilmember Frahm, to continue the Lake Minnetonka Use and Access discussion until the November. 25, 1985 Council meeting. Motion, Ayes 4, Nays 0. MINUTES OF THE REGUI..AR ORONO COUNCIL MEETING HELD NOVEMe-MR, 12, 1985. PG. 7 MARINA LICENSING AND LAND USE It was moved by Councilmember Hammerel, seconded by Councilmember Adams, that Council table the issues of marina licensing and land use for further consideration at the December 9th Council meeting. ORDINANCE REVISIONS Exterior Building Construction - Councilreviewedthe drafted Ordinance No. 14, Second Series regarding exterior building time (if construction. It was moved by Mayor Butler, seconded by Councilmember Adams, that Council adopt Ordinance No. 14, Second Series regarding exterior building construction as an amendment to Ordinance No. 12.05. Motion, Ayes 4, Nays 0. Parades and Special Rvents -- Council reviewed the drafted Ordinance No. 17, Second Seriea regardinq Shows and Large Assemblies and Parades and Special Events. Council felt that one-time events should probably be excluded from this ordinance. It was moved by Council.mwmber Hammerel, seconded by Mayor Butler, to table this ordinance revision for further review until the January 13, 1986 Counci 1 meeting. Motion, Ayes 4, Nays 0. 1986 SCHEDULE IND HOLIDAYS Council reviewed the proposed 1986 schedule and holidays. PERSONNEL RULES is was moved by Mayor Butler, seconded by Councilmember Hammerel, that the meeting schedule as set forward be adopted subject to ch:4nge as need be together with adopting officially the 1986.holiday schedule. Motion, Ayes 4, Nays 0. City Administrator Bernhardson submitted the proposed Administrative and Personnel Policy and requested that Council tathie this to give City Attorney Blatz the opportunity for a final review. It was moved by Councilmember Hammerel, seconded by Councilmember Frahm, that City Council table consideration of the rules until its November 25, 1985 meeting. Motion, Ayes 4, Nays 0. ADDITION rJ DBLINQUENT SEPTIC ASSBSSMBNT ROLL* It was moved by C'ouncitmember Frahm, seconded by Councilmember Hammerel, to amend the 1985 delinquent septic charges assessment roll levy 110007 to include $1.40.00 for the properties `fisted on page 15 of the certification roll. Motion, Ayes 4, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEE;'ING HELD NOVEMBER 12, 1985. PG. 8 EQUIPMENT ACQUISITION AND DISPOSITION* It was moved by Councilmember Frahm, seconded ily Councilmember iiammerel, that the Council direct staff to undertake the necessary steps to accomplish the acquisition and disposition as outlined. Motion, Ayes 4, Nays 0. STEBBINS DENIAL* RESOLUTION f1884 It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, that Resolution $1884 be adopted denying sews•- access to Long Lake sewer for the property in question. Motion. Ayes 4, Nays 0. CRYSTAL BAY FUTURE CONNECTION CHARGE* RESOLUTION #1885 It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, that the City Council adopt Resolution ilb85 setting forth the policy for future non -- assessed hookups to sewer in the Crystal Bay area. Motion, Ayes 4, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to accept City Administrator Bernhardson's memo regarding: goal Setting Status, Acting Administrator, Minnetonk,3 Gun Club, Schlee Development, and Big Islanh Veteran's Camp. Motion, Ayes 4, Nays 0. CITY ATTORNEY'S REPORT City Attorney Blatz requested the Council enter into Executive Session at this time. LICBNSBS* BILLS* AWOURNMENT 10 a 33 It was moved by Councilmember Frahm, seconder? 4y Counci lmen,5er Hammerel, to approve the following licenses: I"ngelside Engineering 6 Construction Inc. - Septic System Installer License Discount. Flowers -- Solicitor's License MPIRG - Solicitor's License Motion, Ayes 4, Nays 0. It was move(:] by Councilmember Frahm, seconded by Counci lmember Hammerel, to approve payment of the All funds Accounts anti Liquor Store Accounts. Mot ion, Ayes 4, hays 0. P,11 It was Ar,ams , Motion, moved by Mayo. to adjourn the Aye's 4, Nays Butler, seconded by Councilmember regular Council meet.inq at 10:31 PM. 0. Mary r. hu :�?r, Maycr AGENDA FOR COUNCIL MEETING SET FOR TUESDAY, NOVE:MBER 12, 1985, 7:09 P.M. (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on t,he.ASVnd,i. Discussion will be field upon request. } ROLL CALL 1. Appearance Western Hennepin County Pionf-er Association Rflpj�ejlr 2. CONSENT AGENDA* APPROVAL OF MINUTES * 3. Regular Meeting of otrober 28, 1985 DARK COMMISSION COMMENT:: PLANNING COMMISS1f1N COMMENTS - Edward Callahan Representative PUBLIC CO; TENTS -- ;Limit 5 Minutes; Per Parson) ZONING ADMINISTRATOR'S REPORT * 4. t921 Van Eeckhout Building Corp, 2135 Salem Court - Variance - Resolition 5. #852 William Gregory, 1410 Shoreline Drive - Conditional Use Permi' and Variance 6. #906 Shirley ;McWi 1 1 isms, 1 120 and 1 130 Wi 1 low Sri ve South - Final Subdivision - Resolution 7. #976 Calvin Korth, 2615 Lyric Avenue - Condi*iona'_ Use Permit - Resolution 3. #980 Richard M. Keaveny, 3423 Shoreline Drive - Pt iminary Subdivision a) Request for Building Permit Prior to Final Plat Approval 9. #982 John C. Lambin, 3405 Shoreline Drive - Conditional Use Permit and Commercial Site Plan Review *10. #986 George Rovegno, 2010 Shoreline Drive Variance/Conditional Usc Permit - Resolution CITY ENGINEER'S REPORT *11. Request for Final Payment - Jedlicki, InL::. - Highway 12 Ditch Grading *12. Contractor's Estimate A4 Crystal Bay Sewer Project *13. Contractor's Estimate Al Willow Drive MATOR'S REPORT CITY ADMINISTRATOR'S REPORT 14. Lake Minnetonka Use and Access 15. Marina 1,icensiny and Land Use 16. Ordinance Revisions -- Exterior Building Construction - Special. Events 17. 1986 Schedule and Holidays 18. Personnel Rules *i9. Addition to Delinquent Septic Assessment Roll *20. Equipment Acquisition and Disposition *21. Stehnins Denial - Resolution *22. Crystal Say Future Connection Charge - Resolution *23. Administrator's information Goal Setting Status Acting Administrator M i rrietonka Gun Club Schlee nevelopment Rig Island AGENDA FOR COUNCIL MEETING SET FOR TUESDAY, NOVEMBER 12, 1985, 7:88 P.M. CITY ATTORNEY'S REPORT 24. Appraiser Quotes LICENSES (25*) BILLS (26*) ADJOURNMENT i MINUTES OF THE REGULAR ORONO COUNCIL MEETING !HELD OCTOMPk 28, '1'!'eTPE 1 ATTENDANCE 7:02 PM 121985 The Orono Counc:.l met on the above date,witPub� t owi rig members present: Mayor Butler, Counci 10-1mbe clams, and Hammerel. Councilmember orabek was absent. The following represented -he City Staff: City Administrator Bernhardson, Public Wor+.s Coordinator Gerhardson, Assistant ;oning Administrator Gaff ron, and City Recorder Peterson. City Atto.-ney Blatz a_:d City Engineer Cook were also present. FRESHWATER BI C )GI" .L I NS'1 1T:;TE PROPOSED SPECIAL. ASSESSMENT PUBLIC i.EARING 7:02 - 7:03 PM RESOLUTION f 1872 City Recorder Peterso,► noted tt:e �7ertif icate of Mai ling and Affidavit of Publication. CONSENT AGENDA* Mayer t3utl.er conv�- •mod a public �.earing to pass upon the uroposed special a ,essment for the construction of the Navarre force main extension. There were no persons present objecting and the public hearing was closed. It was moved by Mayor Butler, seconded by Councilmember hammerel, that the City Council adopt Resolution f 187 ordering the -special assessment of properties of t-e Freshwater Biological Institute Foundation over a five year period at 9.20% interest, with a total principal payment of 047,080. Motion, Ayes 4, Nays 0. It was moved by Councilmember Adams, seconded by Councilmember Frahm, to approve the Consent Agenda* subject to removal of Item 4 (Orono Golf Course) per Counci lmember Adam's request. Motion, Ayes 4, Nays 0. APPROVAL OF MINUTES* It was moved by Coun<ilmember Adams, seconded by Councilmember Frahm, to approve the Minutes of the October 7, 1985 Council meeting as submitted. Motion, Ayes 4, Nays 0. PARK COMMISSION COlNZM" : ORONO GOLF COURSE Councilmember Adams questioned whether or not the golf course has recreational resources to be used other than golf . City Administrator. Bernhardson stated that the questions being asked are whether there is a need for a public recreational facility and should it be municiply awned or private. He noted that the question of an alternative use has not been asked. It was moved by Councilmember Adams, seconded by Mayor Butler, that the City Counci 1 accept the report. to uat! frow both the Park Commission and rstaf f . Motion, Ayes 4, Nays 0. MINUTES ON THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 28, 1985. PAGE 2 STUBB'S HAY SCHOOL* It was moved by Councilmember Adam:, seconded by Councilmember Frahm, that the City Council accept the updated information regarding Stubb's Bay School. Motion, Ayes 4, Nays 0. LAKE MINNETONKA CONSERVATION DISTRICT REPORT Representative JoEll(n Ifurr was unable to he present at this meeting. PLANNING COMMISSION CONTENTS There were no comments from the Planning Commissio... PUBLIC COMMENTS: Merlin Halverson Public Lane -- Highwood Road City Administrator Bernhardson noted <-� letter from Merlin Halverson's attorney regarding issues of a fire lane on Highwood Road. Staff recommends holding a public hearing on this matter. It was moved by Mayor. Butler, seconded by Councilmember Adams, that the public hearing be held regarding limitation of use on the City's public access between Lots 23 and 24, Highwood Lake Minnetonka for the November 25th Council meeting. Motion, Ayes 4, Nays 0. ZONING ADMINISTRATOR'S REPORT: 1910 JAMES HOFF 2056 SHADYWOOD ROAD CONDITIONAL USE PERMIT RL'SOLUTION # 187 3 James and Alice Hoff were present for this matter. City Administrator Bernhardson explained applicant's request for a Conditional Use Permit and variance to permit the regrading (removal of fill ) of the lakeshore yard within the 0-7 1' protected lake-shcre art . lie noted that the sail borings report indicates that approximately 3' of fill was placed at the crest of the hill at some previous date Assictant Zoning Administrator Gaffron submitted and explained the proposed plan. James Hoff explained the need to grade in such a manner ':o safely care for the property and improve aesthet_les. Councilmember Adams questioned whether it was possible tc completely this tyre of work within the 24 nour periods as indicated in Condition A5 of the proposed resolution. Councilmember Adams stated that the cont.racters should be made aware of the: seriousness of completely th s work within a timely manner by possibly requirinq a bond MINUTES OV THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 28, 1985. PAGE 3 #910 HC?F continued City Administrator Bernhardson stated that in this specific case, staff will monitor closely. It was moved by Mayor Butler, seconded by Councilmember Adams to adept Resolution #1873 approving a Variance and Conditional Use Permit. Motion, Ayes 4, Nays 0. #912 GORDON HEDLUND 3990 NORTH SHORE DRIVE VARIANCE RESOLUTION #1874 FOR DENIAL Gordon Hedlund was not present for this mattei. It wa3 moved by Councilmember Frahm, seconded by Coun ilmember Hammerel, to adopt Resolution #1874 denying a lot- area variance. Motion, Ayes 4, Nays 0. #929 RICHARD PULA 2015 NF"•SER HILLS ROAD CONDITIONAL USE PERMIT RESOLUTION #1875 Richard Pula was present for this matter. City Administrator Bernhardson explained a revised plan which encloses the staircase to the proposed apartment with the internal entrance from the sewi rig room. fie noted that no dogs are to be installed. Mr. Pui -A requested that he be allowed to have a door off the sewing room for heat of f iciency and to stop traf f is into the apartment. Mayor Butler and Councilmember fiarrunere1 felt that applicant's need for a door was valid. Councilmember Frahm felt that a door should not be allowed because of past applications. It was moved by Mayor Butler, seconded by Councilmember Hammetel, to adopt Resolution #1875 approving the Variance and Conditional Use permi -L subject to amending Condition 04 to read "Door sha l l be insta i 1 ed at entrance to sewing room or at second floor apartment entrance". Motion, Ayes 4, Nays 0. #959 GEORGE E. JOHNSON 365 NORTH COLD CRYSTAL BAY ROAD VARIANCE RESOLUTION #1876 George E.Johnson was present. for this matter. City Administrator Bernhardson explained the request to construct a 1620 square foot pole barn. Mr. Johnson stated the purpose of the pole barn is for storage of collectible tractors and possibly a work shop. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 28, 1985. PAGE 4 #959 JOHNSON continued Councilmember Adams stated the resolution should contain a provision that restricts any rental or commercial use of the pole barn. It was moved by Councilmember Adams, seconded by Councilmember Hammerel, to adopt Resolution #1876approving the variance subject to amending Condition 12 to rear] "This building may never be used as a second dwelling unit; nor space -ented or used for any commercial usc". Motion, Ayes 4, Nays 0. #971 MARE S. WASSERMAN 145 LINDEN LANE VARIANCE RESOLUTION #1877 Mark Wasserman was not present for this matter. City Administrator explained applicant's request to replace foundation under existing non -conforming garage which requires 12' variance from the road and 4.4' variance from the lot line.. Mayor butler rioted that applicant wishes to regrade an area around the garage to direct the drainage away from the garage. It was moved by Mayor Butler, seconded by Councilmember Frahm, to adopt Resolution #1877 approving the variance. Motion, Ayes 4, Nays 0. #972 SHAVER/TEARSE 1080 WEST FERNDALE VARIANCE RESOLUTION It was moved by Councilmember Frahm, seconded by Mayor Butler, to table this matter until the November 25, 1985 Council meeting per applicants' request. Motion, Ayes 4, Nays 0. #974 BRIC J. CHRISTENSEN 900 NORTH SHORE DRIVE WEST PRELIMINARY SUBDIVISION F:ric: J. Christensen was present for this matter. Councilmember Adams stated he felt there should be only one access to these two lots rather than two. City Administrator Bernhardson stated that they would promote only one access with the county. Council requested that the access question be solved with the county before the final subdivision comes before the Council. It was moved by Councilmember Frahm, seconded by Mayer Butler, to approve the preliminary subdivision. Motion, Ayes 4, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 28, 1985. PAGE 5 #977 JIM WERNER 1408 BALDUR PARK ROAD VARIANCE RESOLUTION #1878 Jim Werner was present for this matter. City Administrator Bernhardson explained the request for side setback, average setback, and hardcover variances to construct additions to the front and rear of the house. Councilmember Frahm stated that he felt letters of approval should be submitted from the neighborE when sight is being enfringed upon. It was noted that Planning Commission recommended approval subject to no increase in hardcover above the existing 36.5% mark because there are sufficent areas of rock beds that can • ode non -hardcover ds a tradeoff. is moved by Mayor Bkitler, seconded by Councilmember :.•akerel, to adopt Resolution 0 78 approving the side setback and average se,.back vu ances subject to the following prior to issuance of the building permit: 1) letters of approval from both effected neighbors 2) staff being satisfied with th- hardcover trade-offs 3) applicant to supply a consistent sk-t of building plans Motion, Ayes 4, Nays 0. Mr. Werner took this moment to publicly commend Assistan Zoning Administrator Gaffron on his good work in this matter. #978 MIrHAEL MCENENY 2497 - 2503 KELLY AVENUE VARIANCE RESOLUTION #1879 Michael McF.neny was present representing the Navarre Cove Homeowners Association. City Administrator Bernhardson explained the request to construct a 2-112 car garage on Uutlot A (a lot without a principal structure)for use by the Navarre Cove Homeowners Association. Assistant Zoning Administrator Gaffron noted an additional condition to the proposed resolution stating that the "Building permit for the garage will be issued only to the Navarre Cove Homeowner IsAssociation as"property owner"and their agent as "builder", only upon receipt of a resolution of approval of the garage from said Association, signed by the members of said Association". it was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to adopt Resolution #1879 approving the variance. Motion, Ayes 4, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING OR.D OCTOBER 28, 1985. PAGE 6 #981 PHILIP RALEY 1395 BROWN ROAD SOUTH VARIANCE RESOLUTION 11880 Phil Kaley was present for this natter. City Administrator Bernhardson explained the request for a setback variance for a family room addition. Mr. Kaley stated he had no problems with the proposed resolution. It was m-ved by Councilmember Frahm, seconded by Councilmember Hammerel, to adopt Resolution #1880Approving the variance. Motion, Ayes 4, Nays 0. #986 GEORGE ROVEGNO 2010 SHORELINE DRIVE. VARIANCE George and Susan Rovegno were present for this matter. City Administrator Bernhardson explained the request for an after -the -fact variance for construction of a 5 foot fence within the 0-75' whereas (based on interpretation) only a 3- 1/2 foot fence is allowed. George Rovegno noted the serious problems he has had which placement of this fence has solved. He submitted a memorandum containing a series of facts pertaining to the issues for Council to review. Mr. Rovegno stated he is willing to do one of the following to solve this matter: 1 )leave the fence at its existing location and cut it down to 44" except for the first 30 feet by the public access which must be only 30" in height, or; 2) move the fe,zce back to the lathe mark and keep it at its existing 5 foot height except for the first 30 feet by the public access which must be only 30" in height. He noted that he believes Code Section 10.03 15(C) could only have been written about intersecting street lots. He also indicated his frustration with the City in dealing with the problems he has encountered which forced him to erect the fence. Mayor Butler stated that the fence poses a safety hazard. Councilmember Frahm indicated that applicant's problems were valid and felt the City should address the problem of trespassing :end litter. fie also stated he was vgreeable to a 3-1/2 foot high fence in its present location. Mayor B>>t ler stated it would be setting a precedent by allowing this fence. City Administrator Bernhardson noted that applicant needs a variance for the 3-1/2 foot accessory structure on a lot that cannot sustain a principal structure. MINUTES OF THE REGULAR ORONO COUNCIL. MELTING HELD OC'IOBER 28, 1985. PAGE. 86 ROVEGNO continued It was moved by Councilmember Frahm, ,econded by Councilmember Hammerel, to deity the 5 foot fence and grant a variance for an accessory structure to allow a 44" fence except for the first 30 feet from the public access which must be 30" in height at its present location. Motion, Ayes 3, Nuys 1. Mayor Butler voting nay. CITY ENGINEER'S REPORT: CHANGE ORDER #4 MAYOR'S REPORT: City Engineer. Cook explained Change Order #4 %. rich provides for road base correc-ticn work primarily in the area of Arbor and Prospcet . It was moved by Councilmember Frahm, seconded by Mayor Butler, City Council hereby approves Change Order #4, in the amount of $7,500.00,of construction contract at Crystal Bay with A.R.I. Construction. Motion, Ayes 4, Nays 0. Council s%knowledged reading and approving of City Administrator bernhardson's letter of response to Jerry W. Wheeler's letter. CITY ADMINISTRATOR'S REPORT: PERMIT REVIEW/DOCK ON RIGHT OF WAY City Administrator Bernhardson recommended tabling this matter until the November 25, 1985 Council meeting. STEBBINS SEWER MATTER RESOLUTION It was moved by Councilmember Iiammerel, seconded by Councilmember Ada ns, to direct :staff to draft a resolution to deny Mr. Stebbins request for hookup to the Long Lake sewer for his property at 2165 Watertown Road. Motion, Ares 4, Nays 0. ORDINANCE REVISIONS Exterior Building Construction - City Administrator Bernhardson explained the proposed revision providing a penalty for non -completion of exterior construction within the 12 month limit. Councilmember Frahm stated he felt it should be bas_d on a time/material cost vs. multiple payment. Mayor Butler stated there should be a fee for each year unfinished. Council instructed staff to revise this ordinance with the intent to cover city expenses. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 28, 1985. PAGE 8 ORDINANCE REVISIONS continued Fire Arms Permit - City Administrator Bernhardson explained the proposed revision to clarify the annual vs. occasional firearms permit. It was moved by Councilmember iiammerel, seconded by Mayor Butler to adopt proposed revision to Ordinance Number 15, Second Series, an Ordinance adding to the Dangerous Weapons and Articles Sections of the Orono Municipal Code. Motion, Ayes 4, Nays 0. Dangerous Weapons - City Administrator Bernhardson explained the need for this revision due to problems :n the schools regarding knives and related instruments. It was moved by Councilmember Frahm, seconded by Mayor. Butler, to adopt. proposed revision to Ordinance Number 16, Second Seri es, an Ordinance adding to the Dangerous Weapons and Articl.t:;, Sections or the Orono Municipal Code. Motion, A_,/es 4, hh,tt:: L . CRYSTAL BAY SEWER C)UNF.d:'`.^"ION POLICY City Administrator Bernhardson explained the proposed Crystal Bay sewer connection policy. It was moved by Councilmember Frahm, seconded by CouncilmemberHammerel,toapproved the proposed Crystal Bay sewer connection policy and direct staff to draft a resolution. Motion, Ayes 4, Nays 0. LAKE MINNETONKA USE AND ACCESS City Administrator Bernhardson updated the Council regarding this matter. Council acknowledged receipt of City Administrator Bernhardson's report regarding Lake Minnetonka Use and Access. LONG LAKE LTRRARY - TEMPORARY City Administrator Bernhardson explained the need to retain a temporary library until. the new library is built. It was moved by Councilmember Hammerel, seconded by Mayor Butler, that City Council go on record supporting the retention of libraries until such time as a new facility is constructed. Motion, Ayes 4, Nays 0. HIGHWAY 12 CORRIDOR STUDY NOVEMBER 4, 1985 JOINT C.'.OUNCIL i PLANNING COMMISSION City Administrator Bernhardson, noted the next Highway 12 Corridor Study meeting at. the Orono High School cafeteria at 7:30 PM on November 4th. MINUTES OF THE REGULAR ORONO COUNCII, MEETING [HELD OCT013HR 28, 1985. PAGE 9 HARDCOVER* PERSONNEL RULES* It was moved by Councilmember Adams, seconded by Councilmember Frahm, that the City Council accept status report of staf f on the issue of hardcover adn that they table the issue until the Council meeting of November 25, 1985. Motion, Ayes 4, Nays 0. It was moved by Councilmember Adams, seconded by Councilmember Frahm, City Council table the issue of personnel rules until its meeting of November 12, 1985. Motion, Ayes 4, Nays 0. 1986 BUDGET DOCUMENT APPROVAL* LIQUOR SALES* FIREARMS EXCHANGE* It was moved by Councilmember Adams, seconded by Councilmember Frahm, that the City Council of the City of Orono formally adopt their 1986 budget document as set forth in the attached document. Motion, Ayes 4, Nays 0. It was moved by Councilmember Adams, seconded by Councilmember Frahm, that the City Council adopt a report of. Liquor Store sales for the first. 9 months of 1985. Motion, Ayes 4, Nays 0. It was moved by Councilmember Adams, seconded by Councilmember Frahm, City Council hereby authorize the Orono City staff to make the appropriate exchange of weapons as outlined deem it an appropriate exchange resulting in acquisition of approximately $850.00 worth of merchandise for items not currently able to be used by the Police Department. Motion, Ayes 4, Nays v. REQUEST FOR REFUND* WITHDRAWAL OF APPLICATION #969 It was moved by Councilmember Adams, seconded t# Councilmember Frahm, to approve a rFfund of $135.00 tc, Ro:.lie Martin on application 4969 which the applicant with Irew from action by the City. Motion, Ayes 4, Nays 0. CRYSTAL BAY SEWER PROJECT* It was moved by Councilmember Adams, seconded by Councilmember. Frahm, that the City Council accept delay of surfacing of the streets in the Crystal Flay sewer project until spring of 1986. Motion, Ayes 4, Nays 0. ADDITION TO DELINQUENT SEWER/* HATER ASSESSMENT ROLL It was moved by Councilmember Adams, seconded by Counci lmember Frahm, to amend the 1985 delinquent sewer and water assessment roll to include $498.88 on P.I.D. 17-117-23 44 0098. Motion, Ayes 4, Nays 0. MINUTES OF THE RF.GUI,AR ORONO COUNCIL MEETING HELD OCTOBER 28, 1985. PAGE 0 ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Adams, seconded by Councilmember Frahm, to accept City Administrator Bernhardson's Information report regarding: Highway 12 Overlay, Officer Hiring, 2695 Casco Pent Raod, 1986 Holiday Scheduling, Fall Cleanup, and Dunwoody/C -co Point Road. Motion, Ayes 4, Nays 0. CITY AT'I'ORNEY' S REPORT: City Attorney Blatz requested Council to enter into Executive Session at this time. LICENSES* BILLS* It was moved by Councilmember Adams, seconded by Councilmember Frahm, to approve the following license: Septic System Installers License - Qui.ckway Excavating Co. Motion, Ayes 4, Nays 0. It was moved by Councilmember Adams, seconded by Councilmember Frahm, to approve payment for the All Funds Accounts and Liquor Store Accounts. Motion, Ayes 4, Nays 0. ADJOURNMENT 9:58 PM It was moved by Councilmember Adams, seconded by Counci lmember Frahm, to adjourn the regular Counci 1 meeting at 9:58 PM. Motion, Ayes 4, Nays 0. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor 1. ems,t 1 ING r� 2 9d To: Orono Council Members t O`"® From: Michael P. Gaffron, Assistant Zoning Administrator Date: November 8, 1985 Subject: #921 Van Eeckhout Building Corp., 2135 Salem Court Variance - Resolution List of Exhibits Exhibit A - Minutes of: 5/28/85 Exhibit B - Resolution Exhibit C - Easement Document Per your conceptual approval of a side setback variance for. 2135 Salem Court on May 28, 1.985, the applicant has granted an ease- ment for setback purposes over Lot 3 in fa or of Lot 4 and the resolution; has been revised to note this •_equirement. Staff. recommends approval per the attached resolution, noting that the house on Lot 4 has now been sold and the new owners will be signinq the resolution. 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). HUCK VAN EECKHOUT SALEM COURT VARIANCE RESOLUTION Chuck Van Eeckhout was present.. Assistant Zoning Administrator Gaff.ron 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 a lot line rearrangement or variance apl- li.cation 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 wi 11 retain an easemen` over Tot 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, Aves (3), Nays (0). Van Eeckhout asked if he could continua with the home until the resolution, is adopted. 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 Counci l's information but noted that Jerry Wheeler was in this audience and asked Wheeler i& he would like to address the Council. Jerry Wheeler stated that he would like to address the Counci I about the complaint against him. Wheeler explained that when he moved on the property he agreed tc 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 of the hardcover. Wheeler noted that when they were installing the basement problems began with flooding in the basement. Wheeler Cite of ORONO RESOLUTI ,r THE CITY COUNCIL A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE *921 WMERF.AS, Van Leckhout Building Corporation (hereinafter "the applicant") 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 Zoning code Section 10.28, Subdivision 5 (B) to permit the construction of an attached garage located 11 feet from the northerly side lot. !inn where a 30 foot setback is normally required. NOW, THEREFORK, BE IR' RESOLVED by the City Counci 1 of Orono, Mi t:nesut. a: FINDINGS 1. This application was reviewed as Zoning File i921. 2. The property is located in the RR-lB Zoning District. 3. The Orono Planning Commission has reviewed this application (n May 20, 1985, and recommends approval of the proposed variance based upon the following finaings: 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, baseu on the likely location for a house on that adjacent property. C) The applicant did nct intend to loc the house and garage 11 feat from the side lot tine; original sit+_ plan approved by City staff indicated a ack of 33 feet from the side lot. I ine; and the locatio 1 feet from the lot line is the result of construction errors which were not apparent until :,ubstant is 1 work had been -ompl eted on the project. Page 1 of 4 Cite of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. The City Council has considered this application inc.Luding the findings and recommendations of. :.he 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 zone ng district; that granting the varian._ 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is 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 c` the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Oror,o City Cenci 1 hereby grants a variance to the Municipal Zoning Code Section 10.28, Sub- division 5 (B), to permitthe construction of an attached garage located 11 feet from the northerly side lot line where a 30-foot setback is normally required subject to the following conditions: 1. An easement for setback and open space r-a noses shall be granted over L,ot 3 in favor of Lot 4, sue, •cement to he recorded in the chain of title cf both properties by the applicant. 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only. The applicant may proceed with construction per the current Buildinq Permit No. 2135 dated March 11, 1985. 2. Violrtiol. or non-compliance with any of the terms and conditions o: * variance shall constitute a violation of the zoninq code, hall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, h.s 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 ',2 th d iy of November, 1985. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor (1) property Owner Pages of 4 rKon Me. e•M—WARRANTY DaeD YWrwt. Uoituna IndtviduN iv to Joint Tenets Be mown iirnj .. .. _ .. WM�d1�N� fa. Wnnee"Is No delinquent taxes and transfer entered; Certifi+ate of Real Estate Value ( ) Ned ( ) not required Certificate of Reel Estate Value No._ 19--- I County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date:___-- October 31, , 19 85 (reserved for recording data) FOR VALUABLECONSIDZRATION, C. E. Van Eeckhout and Suo L. Van Eeckhout husband and wife , 3raatot(1), —J'WwItW txatud hereby convey (s) and warmt(a) to Richard E. Noll and Marsha J. Noll ,Grantees w joint tenants, real property in Hennegi n County, Minnesota, described as tollows: Lot 4, Block 1, Dickey Lake Addition (it more yex r* . . continuo on beck; together with all hereditaments and appurtenances belonging thereto. sub*t to the following excaptloos: subject to easement;, restrictions and reservations of record, if any. In addition: A perpetual casement over, wander and across that part of Lot 3, Block 1, Dickey Lake Additi in favor of Lc.t 4, Block 1, for purpose of compliance with the City of Orono set bark requir ments, said easement is described as follows: commencing a the Southwest corner o aid Lot 3, Block l; then on an assumed bearing of North 530 s DO Seconds East along the Southerly line of sa4d Lot 3 a distan 316.23 feet to the point of beginning of the land to g t) dAscriPed• A7 other side for C. ack n Eehout '` 14.`t a` ��"F' �'' continuance) Sue L. Yan Leckhout STATE OF MINNESOTA COUNTY OF ___ Hennepin y The foregaiai iattrumemit was wimowledpd before we this 23rd _-day )f October � 105 , by C _ E _ Van Eyckhnut and Sue L. Van Leckhout NOTARIAL *TAMP OR ORAL (Oa OTMMTMoS OR BANK) taNATL • O/ ►tRWN TAKING ACKNOWLSW JOANNQ L. ALDRICH Tax Ilsasm os}4 for Ua r rA v to Uds dbary NRNNIPIN COUNTY b1 sent t0 (IncludA x+ara• •OO ad11)iN� �[ ��) � NQTA*V PUXLlC-MINN9S0TA rr cuurfs9100. /..logo Ilt".&C,1906 THIS N9TltLfMINT MA:I DRA?TtD .'%Y (NANs A)ID ADON �Jr VA)l EECKW WXJW 0811IMM4 1935 VW tMIM KVD. WM Ktif NG LAKE NlMXESOTA S' `6 Easement continued: thence continueing North 520 OG minutes 00 seconds a distance of 25.00 feet; thence South 700 05 minules 15 seconds East a distance of 231.73 feet to the Southeasterly corner of said Lot 3; thence North 740 58 minutes 00 seconds West along the Southerly line of said Lot 3 a distance of 246.27 feet to the point of beginning. TO: Mayor and City Council Glenn Cool, Jeanne Mabusth William Gregory Greg Kopischke FROM: Mark Bernhardson OATS: November 1, 1985 SOBJBCT: Wetlands Alteration Enclosed is a copy of a memo regarding Gregory's wetlands alterations for your review. This item will be on the agenda of the November 12, 1985, Council meeting. TO: Mayor and City Council FROM: Mark Bernhardson, City AdministratoY' DATE: October. 31, 1985 SUBJECT: Gregory Wetlands Alteration BACKGROUND The proposes: development on the Gregory property design includes: a) placement of a decorative pond in an area that currently does not function as a wetland, serving only as a retention area; b) the dredging of a designated wetland to improve initially the aesthetic aspects of the wetland with the creation of a wildlife pond. Approval has been given for the decorative pond. The dredging of the designated wetland involves the removal of 5,000 cubic yards of spoils, most .f which would probably be transported off site, hopefully into a farm area as replacement top soil. In order to accomplish this it would require both a conditional use permit and a variance under Orono's code. The size of the existing wetland that is intended to be altered is approximately 2.6 acres and serves a watershed for drainage of something under 100 acres. The area to be dredged consists of 1.3 acres. Presently the pond is drained by an inverted culvert under County Road 15 which is 1.3 feet lower at the intake than at the outflow to Lake Minnetonka. In consideration of the sma 11 size and type of watershed that is served by this pond, f low to the lake out of this area is almost exclusively from the snow melt spring run-off with outf low at other times only during heavy rains when the pond is at its capacity. Given the fact the end of the culvert sits a foot above the ordinary high water mark of Lake Minnetonka there is very little back flow from the lake into the pond. It is suspected that there is however communication between the lake and the we�.lands and the proposed decorative pond area through the ground water system which may be considerably greater than any flow to the lake from the pond. Existing vegetation in this very mature wetland has gone beyond normal grasses, cattails etc_. into woods, principally the willow variety. ISSUES Primary environmental purposes served by such wet Iands are: - Storm water ponding or retention - Settlement area Sediment trap Nutrient trap - Wildlife habitat PROPOSAL As mentioned the a 1. terat ion of the we t lands invo 1 ves the approximate 1 removal of 5,000 cubic yards of dirt together with the attendant vegetation. The design as presented shows a smell alteration in the storm water ponding characteristics to improve retention time and while removing some of the vegetation to create an open water area, the designed sloping will allow vegetation such as purple loosestrife, cattails, sedge grasses around the border to provide both a sediment and nutrient trap. Side benefit of the proposal is to improve the wildlife habitat for principally migratory water fowl. ENVIRONMENTAL RISK Due to the fact that there is a smal 1 improvement in the storm water retention characteristics in this design, the principal concern is that in either short or long term this alteration will result in increasing either the amount of sediment or nutrients. Given the flow and size characteristics of this pond in relationship to the bay to which it would outflow (even if there were an extrodinary increase in the amount of principally nutrient materials that may occur because of hitting a nutrient rich pocket in a sedimentation removal go into Lake Minnetonka; it would be of such a small lake input), probably under 1% that it would have no significant impact. The short term concern is '.hat there would be both substantially increased sediment and nutrient outflow during construction. Since the construction of the wildlife pond will. be done principally during winter together with the fact that the outflow structure will be physically blocked up, this should effectively mitigate any prcblems associated with this phase. Over t'e long term because of the flow size characteristics of this pond t t sediment increase should not be a problem, however the nutrient increase may happen due to a possible exposure to nutrient rich soils. It is ,nticipated that this has a small probability of happening and when .:onsidered against the expected improvements including improved nutrient trapping by the alteration, the size of the pond, and the fact that over the long term (3 to 5 years) that this would probably seal. itself off, that this is not considered a significant concern. ENVIRONMENTAL BENEFITS Mature Wetlands - While mature wetlands which have grassy growth etc. do pick up nutrients and trap sediment during the growing season, once they die out these nutrients are released back into the pond and generally over the year term there is no net removal of nutrients from the water in the pond. Given the fact that the principal flow from this pond is in the spring during the run off, nutrients released by the dying material may or may not have settled out into the soil from the previous fall when the spring runoff occurs. Vegetation - As mentioned much of the existing vegetation includes willows and other woods which are not good at nutrient absorption. It is anticipated the altoration wili improve both the sediment and nutrient trapping characteristics of the wetlands and also by removing the nutrient rich materials may very possibably allow for additional absorbtion capacity fromm they wetlands. Additionally besides the "out of water" growth (cattails, (-.-tc.) that wi 1 1 be on the slopes there will be underwater aquatic growth in the open water areas but that will. not be as qood a nutrient plant as emergent aquatic PlA nts such as cattails. Soils - Any nutrient rich soils that are removed are basically topsoil that has eroded ovet the last several hundred years into the wetlands, it is very loeded with nutrients, by returning it to the uplands making for excellent topsoil which may well not need fertilization for many years. Wildlife - Proposed alteration should be more attractive to migratory water fowl than the existing mature "marsh". MONITORING Quality Indicators - The principal concern would be in the outflow increased nutrient or sediment loading would be detrimental to Lake Minnetonka. Actual flow is only a concern as it relates to gauging those nutr ent and sediment flows since the storm water ponding c:haractistics of the pond are being altered in a positive manner. Baseline - In order to appropriately establish a baseline it may take 3 or 4 years to do so in order to have a valid data for the average and extrodinary flows that may result from this wetlands. Princi_­l measurements in addition to outflow would be some analysis of suspended solids and specific nutrients that would be considered detrimental. A mote complete analysis of specific reactivity diminsions of certain nutrients could also be done but would radically increase the price. For a full study which would go beyond deter- mining the detriment to the lake to do a study that would be worth- while would include monitoring estimates of approximately $10,000 a year for 3 to 4 year period possibly. WETLANDS ALTERATION PROJECT While the Gregory's property could be the focus of a study it is probably not of a magnitude or flow that would be the most appropriate for special study and it has been suggested and discussed that perhaps a study of a wetland that could be altered in 4 to 5 years that is of larger magnitude and flow may be more appropriate for study and may be of interest to such agencies as FWBI, Minnehaha Watershed, Cicy of Orono, etc. The study would possibly involve use of graduate student developing a thesis with ongoing monitoring and a very excellent readout of water flow, sediment and nutrient changes in loading from before and after the alteration. ON -GOING MONITORING Without a_ baseline: there is very li tie use in monitoring since there is nothing against which to compare the loads. Additionally if monitoring is done for only a short period of time it may not be at the appropriate points and may give a false reading together with the fact '..hat should future measurements of sediment and/or phosphorus contents increase 10 or 15% maybe considered by some significant but not by others, particularly in light of the magnitude of impact within the lake. (There is an on(joinq monitoring by Minnehaha Watershed which does keep ongoing data as to phorsphorus in Brown's Bay which will indicate substantial "out of range" changes.) RESTORATION/SFCURITY (,iv nFFie`magniFu-de risk and benefit fr�)m this proje•,t it is felt that the only additional oxponse incurred by the Gro(jory's relate to some additional inspections during the construction of cur monitoring pro- vided that they seal off the culvert during construction and also should it be determined is at some point significant contributor to nutrient loading into the lake that no further dredging will be allowed and that if detrimental, prohibit further harvesting of plznt life or chemical treatment to the pond. RECOMMENDATIONS It is the s a f's recommendation that given the relatively minor nature of both the wetland and the risk when coupled with the benefit anticipated from the alteration that it be permitted to go ahead under the following conditions: - Construction be done in the winter and that the culvert be sealed off during the entire construction time - The spoils that are hauled away be utilized as top soil, at a minimum they must be placed above 931.5 per MCWD - The restrictions mentioned under restoration be included both during the construction and on an ongoing basis - No monitoring is necessary following the alteration apart from the ongoing data from Brown's Bay by Minnehaha Watershed PRECEDENT Primary concern from Council and staff's standpoint is the precedent that this sets in the . %,iewing of future applications that involve the alteration of designated wetlands. Our contributing experts con- firm that if specific findings can be made in these reviews there is no danger of negative precedent setting. The following list suggests some of these necessary findings: - Small size of wetlands altered - Small size of watershed served - Limited flow into the lake maturity of wetlands to a steady A. ration of storm water ponding inc--ease retention time Expected benefits far out weigh risks state characteristics to - Magnitude of risk in relationship to the lake are. minor - No or few others are occurring during the same time frjme Should you have further questions or comments please feel free to contact me. PROPOSED MOTION - It was mo �. ead by i_ , seconded by _ that t ne City Council conceptually approves of the wetland alteration and directs staff to develop that appropriate resolution and work with the applicant to prepare a developer's agreement and appropriate security. Once prepared :staff is direu-t- d to bring knack to Council for final considerations. Ayes Nays _ 01 TO Mavcr Butler { 019-05 Mark Bernhardson, City Administrator CX p,.�, `4 Crc.-.o Council. Mombers + 1:. FROM: Jeanne A. Mabusth, Building & Zoning Administrator DAh,F: Novairnfir 4, 1985 SU3.7: #906 Shirley G. McWilliams, 1120 & 1130 Willow Drive South Zoning District - RR-1B Application - a) Subdivision - metes and bounds division of a lot line rearrangment of two su:bst.andard developed lots located within the recently sewered Crystal Bay area. b) Side setback variance for existing accessory structure Required = 10' Proposed = 3' Variance = 7' List of Exhibits - Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners list Exhibit D - Survey of lot line rearrangement Exhibit E - Sketch of proposed utility easement Review of Application - Th 3 application was first reviewed by the Planning Commission at their Ar)-il meeting. The application was tabled pending resolution of the sewer issue as Planning Commission could not recommend approval of the proposed division. because of the severe restrictions placed on Parcel A if future septic expansion was required. The property is now served with sewer. There is an on -site well serving each residence. The principal structure on both parcels meet the required 30 feet side setback from the rearranged lot line. The applicant seeks a side setback variance for an existing garage/workshop that has served the applicant as a workshop for his p.lumk)ing business and hobbies. Staff had originally asked applicant to relocate the structure but after a closer inspection of the foundation, staff recommends against relocation of structure hecause of _he sound condition of existing foundation. A utility easement of 15 feet for the new sewer line nuns from the edge of the garage and 12 feet intc Parcel A. See Exhibit E. 'There can he no construction within the 15 feet wide easement.pioviding the necessary separation. Zoning File ## 906 November 4, 1985 Page 2 Staff would norm?lly ask that applicants grant utility easements and deed right-of-way for roadways as conditions of met-s and bounds subdivision approval. The permanent sewer easements remain unresolved and the engineer states that the new lot line must be approved before final descriptions for easements can be drafted. Any other issued will be addressed by City with the resolution, of the permanent utility easements. Planning Commission Recommendation - To approve the metes and bounds subdivision of a lot line rearrangement for Shirley McWilliams as proposed based on the following findings: 1. The property is served with sewer. 2. Each parcel can continue to function as an independent unit. 3. To grant a side setback variance for existing accessory structure of 7 feet based on the following findings: 1) Utility easement running between both parcels will provide required separation. 2) Relocation of structure not feasible br-cause of Sound condition of foundation. The enclosed resolution has been drafted per the Planning Commission's recommendation. City of (1)RONO RESOLUTION OF THE CITY COUP' NO. A RE..SOLUTION APPROVING A METES AND BOUNDS SUBDIVISION OF A LOT LINE REARRANGEMENT FOR SHIRLEY G. MCWII.LIAMS FILE. NO. 906 WHEREAS, the City of Orono ib a municipal corporation organ.,•.d and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the ord.,rly. economic and safe development of land within the City; and WHEREAS, the City Council has considered the applica- tion for a subdivision by Shirley G. McWilliams (hereinaf, - "the subdivider") of properties legally described as 'ollows: That part. of Govert meet I.ot 6, S ction 10, Township 117, North Range 23, West f th 5th Principal ridi.an, described as follows: Commencilg at a point in < .e center line of County Y_ighway No. 87, +hirh said point is 65 feet South- easterly aia.iq sa10 cent.-r 'ne from a point therein which bears S uth 41 degrces Wert ir.om a point in the East line of said Lot 6, 66 feet South !'om the Northeast corner thereof; thence Southeasterly along he center line of said Highway 100 feet; thence Northeasterly at right angle 216.69 feet; thence N(arthwesterly part 'el .aith the center line of said Highway 95.67 feet, more c. r less, to an intersection with a line drawn parallel with mnl 330.74 feet West from the East line: of said Lit 6; thence West 54.1.1 feet; thenca South- westerly to paint of beginning. T'. At j in of Government Lot 6, Section 10, Towns�iir, 117, North Range 73, West of the 5th Principal Meridian, des- cribed as follows: Commencing at a point in the center line nf County Highway No. 87, which said pun* is 165 feet Southeasterly along said center line from a point therci which bears South 41 degrees West f rom a point in the Ebf line of said Lot 6, 66 feet South from the Northeast cornLe then -,!of; thence Northeasterly at right angles to said center line of said Highway 216.69 feet; thence Southeasterly at r:•ht angles 105 feet; thence Southwesterly at. right angles ' 69 fes-t to the center line of said Higt�way; thence hwesterly alonq the center line of said Highway 105 feet to point of beginning. Page I of ('ity of ORONO ' RESOLUTION OF THE CITY COUNCIL s' NO. s rt WHEREAS, the subdivider has completed all requirements of the City for neLes and bounds subdivision for division and combination purposes. NOW, THEREFORE, IT RESOLVED, that the City Council of the City of Orono hereby approves the metes and bounds division of a lot line rearrangement for Shirley C. McWilliams as shown on the Certificate of Survey by Bruce R. Kelley dated October 15, 1985 (revised) and attached to this resolution subject to the following conditions: 1. Upon approve-l. of the sut•14-vision by the City Council of Orono, the owner of Parcel C as described in the Certificate of Survey referenced above must apply to the City for legal combination for tax purposes with Parcel B as described in that same survey. 2. The aforesaid division as shown c �he atach--.: Certificate of Sur ey shell be filed by th. ty of Orono with the Hennepin County i„corder's Office on )r before May 12, 1986 together wit' certified original copy of this resolution. The approval granted by this Resolution shall expire if the division his n:t �n filed by the date specified above. In that event, it wi'1 necessary to file a new application with the City of Orono for jbdivision review. Adopted by the City Council of Orono, Minnesota, this 12t.h day of November, 1985. ATTEST: Dorothy M. Haliin, City Clerk. y C. Butler, Mayor Page 2 of 2 c'ITY OF Of'(14k SUBDIVISION APPLICATION FORM i --------------------------------------------------------- - - - - --- - - - - - - - - - - AFPLICANTName SH/ALA v (s 1y2e WILL )Am S Telephone Mailing Address C°RYSTfIL f3A 7' ��-� S 3 a r. r,ki Mailing Address E A 7 17-A L IS,,A (Attach list if more than one) --------------------------------------------------------------------------- PROPERTY LOCATION Street Address _JZ_�-G to i L L-D Ld Property Identificatir,;i No. (P.I.D.) /G'%l7- �;L l/0 0 d Complete Legal Description to be attached ,�o application -------------------------------------------------------------------------- EXISTING LAND USE Number of Tax Parcels �evelopm� Size Acres D•-� e S Acres Total, all perct Present Use (check) ✓ Residential; no. of units 1 Other (specify) Present Zoning District 'Ji $; DG: " T//A 1- PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites: _ Existing Units New Units Total Units «d Orors Density Units per _ .+cres Minimum Lot Size: Square Feet Dri uildable Lar.ci Proposed Ilse.- (check) _ _ Residential Other (specify) - -_ _-. ._------------- --:-:-- -------- ','0;-t' r Ott* F'W6 VAGAItU - k�"I w ` ST Er AM ALLEY R �tGoV J � ti a rtti;, 'Mot 41 1 350 10 T� lb 1 (4t* a low r /� �� Jar •� + ►� ''t �t t/, `` AUO.' r§U80. N0. 356 R J 3I1tJpj: JO L A�Q / poi -i!I/N gn ►,�,> y 'Rc Do- 4t r f324 sew RUN DATE 02/ZS/85 BATCH 005 38 10-117-Z3 13 0002 PROP ADOR 01180 HERITAGE LA O'r,:ER NAME -OWELL J JAt*�E ETAL TAXPAYER LOWELL J JANKE NAME/ACOR 1130 HERITAG: LA WAYZATA MN 55391 38 10-117-23 -^4 0003 FFOP ACDR 010.35 SPOW'N RD S C'01ER NAME R A P LLIKA14EN TAN:PAYE7 RANDOLPH T LUKANEN NAME/ADDR 1035 SOUTH BROWN RD WAYZATA MI 55391 38 10-117-23 24 0006 PROP ADDR 01135 BROWN RD S OWNER NAME D E N GLEN TAXPAYER DUANE A A tW4C Y GLEW NAME/ADDR 1135 BROWN ROAD S WAYZATA MN 55391 38 10-117-23 24 D009 PROP ADDR 01130 WILLOW DR S OW*4ER NA!tE S 6 MC WILLIAMS ETAL TAXPAYER SHIRLEY 6 MC WILLIAMS NAME/ACDR 1130 WILLOW DPIVE 5 CRYSTAL DAY MN 55323 38 10-117-Z3 24 0015 PROP ADOP. C%.,'ER NAME HELEN HENDEL TAXPAYER HELEN HENDEL NiAME/ADDP 3--:0 W CALHOUN PKWY MPLS MN 55416 38 10-317-23 24 0013 PPOP ACDR 01145 WILLOW DR S C:"1ER NA'IE OLIVER ENGSTROM ETAL TAXPAYER OLIVER E14SSTPOM HAKE/ADDR 1145 WILLOW OR S WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWIIERS LIST 36 10-117-23 21 0007 E S BORMAN A J E CORWIt: JULIUS H'NDEL BURT H CORWIN 400 1ST AVE N MPLS MN 55401 38 10-117-23 24 0004 01105 BRCd.71 RD S ABIE J CHRISTENSON ETA! ABIE J CHRISTENSON 1105 S BPO:4N RD WAYZATA rr" 55391 38 10-117-23 24 0007 01155 FROWN RD S L J SYMONIAK ETAL L J SYDIONIAK ETA! CRYSTAL BAY MN 55323 38 10-117-23 24 0010 01120 WILLOW DR 5 S 5 riC WILLIA.MS ETAL SHIPLEY 6 MCWILL:AMS CRYSTAL BAY MIN 55323 38 10-117-23 24 a016 01099 WILLOW DR S W P KELLY A R R STONIER WARREN P KELLY A RUTH STONIER 1009 WILLOW DR SO WAYZATA MN 55391 3q 10-117-23 24 0019 01220 LAKE VIEW A4E DOUGLAS PAUL SCHNOGR A W.FE DOLIGLAS A HIP1A SCHNOGR 1220 LAKEVIEW AV WAYZATA MN 55391 REPORT NO. PI435401 PAGE 14 38 10-117-23 24 0002 01045 BROWN RD S ARLENE L JANSEN ARLENE L JAN5EN 1045 S BROWN RD WAYZATA MN 55391 38 10-117-23 24 00^5 Gills BROWN RO S KEVIN J BERRY KEVIN J DERRY P 0 BOX 82 CRYSTAL MI 55323 rj # (.., I t,*,w 0 61 38 10-117-23 24 0008 .+ 01140 WILLOW DR S WALTER R CENSCN ETAL DAVID B A CARLA M LIESCH 1140 WILLOW DR S PDX BOX 61 OROt;O MN 55323 vp 38 10-117-23 24 0011 01110 WILLOW DR S C A SUESS A J J KEMIA JAMES KEMNk/CAtZ)EE ANN SUESS ++ 1110 WILLOW OR S WAYZATA TN 55391 i 38 10-117-23 24 fj017 01115 WILLOW DR S E J EILERTSEN ETAL r:tPY ANTI OLSON 1115 WILLOW DRIVE SO WAYZATA MN 55391 4w M. 10-1:.' 23 24 0020 01165 BROWN RD S -� D A J FISCHER DENNIS W FISCHER 116E S BROWN ROAD ORONO MN 55391 s r RUN DATE 02/2S/85 BATCH OCF PROP ADDR C::t:ER NAME TA, -.PAYER TOTAL BATCH NAME.'ADDR 005 00013 NENNEiIN COMITY PROPERTY TNFORMATION SYSTEM PROPERTY OWIEPS LAST REPORT NO. PI435401 PAGE 15 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATICN OF INFORMATION AS IT APPEARS THIS DATE ON THE fiCORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO TW BEST OF MY KNOWLEDGE AND BELIEF DATV''' �SY 4�� aw .W • :usband and wife, owners and proprietors of the abovpAeszribed property.. _L-Jf nis minor subdivision Was approved this day of , 1985s by the City Council f the 3ity of Orono. Mayor by Clerk G' N 35. 4 W 2'1' \� ,� w hr �` 2`� GARAGE OW L'4F L I � UTILITY POLL 1 -4 •16' SMEo ENCRoAcKcs 3' Famc4r D J p SCALE = I" s 4a PT.COS* 5E of Pr.cma i- dRa. s41•INor PTGi'301PNr- _ - PFN*FPO SW0 s Pivlsiow LINE W t4'• Bo. ELoeR qD�: N fm i Vs S. A I 1 21 M Faw*tt a1 s r U t7 •r N _ n �P f 1 I 2 W AL t 1' i+ WILLOW ( L t�ORIVE --'� S 35. 46' E kt cmwTv Hssmw^v Me.57 �•.•�,,uw11J1,111 1 i /, ttn1-1go 21, lle:jCrlbe:rl 113 fO110W3: I: ,oint in the: center -line of County Ili/,hwrly 110. 87 (now W111ow I�rlve) 136 feet southons -oint i,,n sllid centerlines which be„rs ;South 41 (legrees blest 1'roln 1t point in the eost 1 ,ot 6, 66 foot south of the northellst corner thOreorl thence 11t• right angles northeNs t feet; thenco southoasterly pnrA lel with the centerline of snid Highway 134 Poet; t ;ht nnglos southwesterly 216.69 feet to snid centerline; thence northwesterly to begi Cw%,K t.1WK "t Fe"Ca I.E. V a 40' hr A iy �`-UTILITY ►ObL9 M� N 3 5. 4 r:' w 2 q' w Pr=ovosFto 1` Dlv►stou W Lim 24" Bo, lE►oa l N I 21 Cr � � w • N e" 30" Aii4) I 105' •'-,o• fs«ae Q,«cw o.�c Ml• a T !D U N U 1 -- -- fn � --W1l_lOW % --�DRiVE ---- - � --- 100' 105, _ t or Pr. ow IL ago. -_--� S 35044 E 9-CouwTv MIGNWAv r '07 Ci' 3 or N E - - - --- - — -- - - — - r- Lot S, 'Stc. 10-117-ZS '" Jr r iCATE: Iy Certify that thi:t b,lat wits prepnre:i by me or under my direct supervision and that duly regi.qterecl 1'vo1'e:;sion►,1 lin1;inr,e,r and Land 'Jurveyor ur-Jer the Luws of the :;tHte .tune "1, 1985 Kelley, Minne3ota Roe. No. 5713 at roprosenta II boun,il,l•y survl-y dono for the, purpose of obt„ining permission from th 0 to uluke it minor sllbeiiviaion and iu not intended or to be u:+ed for l,ny other purpos To: From: Date: Mayor Butler Mark F. Bernhardson, City Administrator Orono Council Members Jeanne A. Mabusth, Zoning Administrator November 4, 1985 rING Subject: 0976 Calvin Korth, 3615 Eyrie Avenue - Conditional Use Permit/Variance - Resolution Zoning District - LR-lC-1 Area of Lot - 1/3 to 1/2 Acre Application - Conditional Use Permit to keep pet goat Pertinent Ordinance - Section 10.20, Subdivision 3 (K) Required Area for 1 animal unit - 2 acres (1 acre for residence/l acre for 1 animal unit) 3 sheep - 1 animal unit (nearest equivalent) List of EziJ bits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Fxhi bi t If - Application Plat Map Pro-. 2rty Owners List Applicant's Addendum Seven Letters From Neighbors Schlee Builc:�r's Letter Previous Neighbor's Letter Newspaper Articles The applicant explains in his addendum that he keeps the goat within his home. The goat is tethered on outside leash only when applicant is at home. Mr. Korth is aware that a neighbor has complained of the presence of the goat in the neighborhood. In re- sponse to this claim, he has included support letters from 9 of the 12 residences and promises to bring in the tenth. Mr. Korth has submitted additional items specifically newspaper articles that record other .incidents in surrounding municipalities. Pigmy goats were classified as house pets. As Mr. Korth claims they are no bigger than german shepherd, golden Labradors, etc. and a lot less noisy. They are kept and treated as house pets. The applicant has submitted 2 names for members to call if they wish confirmation on the classification as house pet. Staff has received confirmation from the Cedar Pet Veterinary Clinic that "Lilly" does not require special vaccinations or innoculations. Dr. Hill DeRoid of the University of Minnesota's Large Animal Clinic stated that vaccinations for tetanus and "over eating" disease are recommended for goats maintained as farm animals but in this case would not be•aphiicable. The City dealt with a similar application on French Lake Road this summer. In that application a setback variance was sought for the animai barn to house 2 pet goats. The two acre area standard was sati sf i ed. In this ca, v the area standard of 2 acres cannot be sati.sf ied . Zoning File #976 November 4, 1985 Page 2 of 2 The Planning Commission was asked to consider the following issues: 1. Does the fact that the goat is classified as "house pet" by a veterinarian or pet shop owner have any bearing on this review? Your ordinances specifically discuss the keeping of such animals or at least similar animals (sheep vs goats). Review definition of animals and Section 10.20, Subdivision 3(K). 2. Does the fact that the goat is maintained as a house pet have any bearing on your decission makirj? 3. Does the fact that Korth is a renter not an owner have any bearing on your decision making. 4. The complaint calls reflected owners' fear that the keeping of the goat would diminish the property values of the area - is this a valid concern in light of the neighborhood and developed density? The Planning Commission could find little validity in the specific complaints of the neighbors in li,' of the many supportive neighbors in attendance at the meeting. Mt..,bers felt that the fact that Korth is a renter should have no bearing in their decision making. The permit would be granted to Mr. Korth for the keeping of "Billy" only. Any change in numbers or kind would necessitate a new permit. Planning Commission Recommendation To approve a conditional use permit for Calvin Korth to keep a pigmy goat named "Billy" as a house pet within his residence located at 3615 Lyric Avenue based on the following findings: 1. The pet is maintained as a house pet - housed within existing residence. 2. Area requirements per Section 10.20, Subdivision 3 (K) are not applicable in this application. 3. Surrounding neighbors have all submitted written statements approving the keeping of the goat by applicant. 4. The keeping of the goat creates no potential health hazards for neighborhood or community. The enclosed resolution has been drafted to include the findings and conditions of the Planning Commission recommendation. (' i ty of UOI'iTO RESOLUTION OF THE CITY COUNCII NO. A RESOLUTION ur(ANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE. SECTION 10.20, SUBDIVISION 3 (K) FILE 1976 WHEREAS, Calvin Charles Korth (hereinafter "the applicant") has an interest in the property located at 3615 '.yric Avenue within the City of Orono (hereinafter "City") and legally described as Lot 10, Block 3, Navarro (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono for a Conditional Use Permit to keep a pigmy goat within his residence per Municipal Zoning Code Section :_0.20, Subdivision 3 W. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #976. 2. The property is located in the LR-lC-1 Lakeshore Sub -District. 3. O- October 21, 1985, the Orono Planning Commission reviewed the application as proposed and recommended approval based on the following findings: A) The goat is maintained as a house pet and not as a farm animal. The goat is maintained within applicant's residence. B) Area requirements per Section 10.20, Subdivision 3 (K) are not applicable as goat is kept within residence and goat does not require grazing area for food. C) Surrounding neighbors and most affected neighbors have all submitted written statements arproving the keeping of the goat as proposed by applicant. D) Dr. Paiiee of the Cedar Pet Clinic, and Dr. Bill DeBold, of the University of Minnesota's Large Animal Clinic, confirm that the pet goat does not requite special vaccinations or innocuiLl- tions. The keeping of the goat will create no potential health threats for neiqhborhood or surrounding community. 4. The City Council has considered this application including the findings and recommendations of the Planring Commission, reports by staff and the oral and written comments of he applicant and the effect of the proposed use on the health, safety and welfare of the community. Page 1 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5. The City Council finds that granting a Conditional 13f,,e Permit to allow :he applicant to maintain his qoat is a house pet will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or otter danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keepinq with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER KND CONDITIONS Based upon one or mor, of the above findings, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.20, Subdivision 3 (K) to ?ermit the applicant to maintain his pigmy goat within his residence, subject to the following conditions: 1. its permit is grant,..1 to the applicant for the keeping of a si : pigmy goat referred to as "Billy" any change in the number or species of "exotic" animals maintained by applicant shall require a new conditional use permit. 2. The City Council hereby reserves the right to review and/or modify this conditional use permit if at any time in the future the main- tenance of the pigmy goat is found to be detrimental to the health, safety and public welfare of r, c,-izens. 3. Violation of or non -comps. tions of this resolution shai L code, shall automatically territ shall be punishable as a misde a with any of the terms and condi- itutt: a violation of the zoning ny authority granted herein, and 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successcrs and assigns, hereby agrees to the recording of this t ion in the chain of title of the pr..1 =rty. Adopted by the Orono City Council on this 12th day of Novc *►er, 1985. ATTEST: Dorothy M. Nallin, City Clerk Mary C. Butler., Mayor- ((t) Property owrior-- Pa,rp, 2 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. STAT" OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of 1995 before me a Notary Public within and for said coun _, personally appeared known to me to be the person( 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 cf ^� _, 1985, be: ore me a Notary Public within and t �r sAid County, personally appeared _ known to me to be the person i a escr�+in erg who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free art and deed. NOTAPY PUBLIC MY COMMISSION EXPIRES Page 3 of 3 CITY OF ORONO C-7 GENERAL LAND USE APPLTCAT7ON ►ROPERTY LOCATION Bite Address 361 Lyric Avenge Property !denti f ication Number (F'. I . D.) Please check one - Is the property X abstract or _ torrens? (for Conditic,nal Use Applirations onlyi Please attach legal d.�scription to application if n-z included on required survey. APPLICANT he m : 4*71-0093 Name Calvin Charles Korth Phone work: 374-520" Mailing Address 3615 Lyric :pane, layzata, MN 55391 ONNW" Name Pho•. Mailing Address Date Property P.c,7•. �� _ /� ar ) I (c _ i 'c'o not) also own the �9jaccnL pai gels r_f land. MA-S - C"WDITIORALL USE Pr MiT.i X $10".00 a) Residential accessory ' $150.00 i,i Institutional (churev . , uu r) Duplex Credit!oldq $250.00 - allindustrial. .00 f) L Alt ration (grat ng, filling) TRD/PT_ , bee fee schedule Appl fi.,.ations -51 Vac„ o .on JG50.00 Rezor, nq $1JO.00 AppealE 0---her - she fee schedule PRSJ+SiT USE OF PROPERTY Present Zoninr, District Presen .$*se of Property _ Res .ential_ Other (specify) ----- ------------- DESCRIPTION OF MWEST Describe r*q;'.est in detail: Maintain residence f^r one African Pygr Gnat ex)tic hi, a pt. Complete reque: t c eta s attached.—" ----------------------------------------------------------- ••-------------- AAQUIRED SUBMITTALS 1. Comple-'.--:d Application Form 2:" Cezt,ified Proj—rty Owners List from Hennepin unty Department- �wners withi. 35C iou can obtain this list t inance A-60-" ('.ov,,.rrment Center 348-3271) J St,.atped, legal sized envelopes i10)ere-addressed to each of the names or, th at -ie list with no return ad(Tess. 4. Cei ificate of survey. - c►►, Jam --< <- j 5 astr+:ction p1 if alit. ble. 6. Plat Map. - U'v The Applicant and Pro, erty Owner mi .t sign :.his app'-icaticn . Please remember that your application is not comp-,te if he above information has not been included. --------------------- APPLICANT'S SIGNATURB The .. -)licant hereby agrees to provide all ormation required or requested by the Zg Administrator, agrees to pay all fe ..ind/or unusual expenses incurred in i .,mow of this application, and certifier t the information supplied is true and correct to the best U� his/hQr knowf�l . ye. < c l icant' s sign it.0 r e: { Date 9-19--85 OWNERS S 1 GNA7T-RB The owner .ierpby ack,io:+ledges and agrees to tiiiu application and further autht sizes r-.�sonable entry cnto *he property Ly %.iti sta" consultants, agents, cc-mm;ss.On me.mbc-^ s, and C( -i 1 members for purpoef o investigation and veriiiu,ation of this request. Own�W s signature yt -`y ., ,I_i.r� %� k Date EL_ c .licant mtjst_ hove all submittals into tie City offices 25 day, rtefore the .dnnir.g Commission li.ny. Planning Commission Meeting 'tre held on `he third Mondal of each mont.., . 5.112 SEC. 170 T• 117, NIS t ►» _ 1 ,A. C"T cor qmm 0 • i � 1r GQSJ vFp IPA �T7 j h Wiz- NI! • r f. ! ./f+' • . ��•~� � b.: v a ^ • , _..� •� - .. �..' ,` �. � A = �r- � �.A � ,' i 'a ; '` � "i i�i� lJ: . \�'��\aya/ '�,r-. t•. d0. / r 411 'w • 16 AP .. • 'r1 ' \ 4 �f'w�•'.i i •Jlii l�•1,• �: ••' �• • i . ✓1 t•1) , t •' Kam/ '•• C .�..z '� 1V �.w-••, � P'. �j� . &�; r_•.1 • � fir. w.. •;• .�..a .. a•., .+Iy . ..�..•-r•. r..,-• OTERO till } • • yit9 • • • a P r. /•rr 1. : � ! M L � • /•1t+�gfs4: � ,•.: •�! .• �y ;} •' r tit , � �: `_` i.` - �..,�-_� �- � •:.� 1 � A�''. _ �• tlt. r f ` y.•. 1 + f '�ti, �"�MII[ .'�-+.�.��.� - ( : _ r _._ _:T�-.• t• .�. r _ r 0 _ _ ...�-..-_J!.:. 4_.....� ......_...,- � .._.-.-__._—�.r.�.�_.i"s.�a _ _ _ c 5chlee Builders F. Hanacuch & J. Pietrowski Ellis, Lura/Wilson D% ,,iell 3140 Harbor Lane 2339 Commer^e Blvd. 3625 Lyric Ave. Mpls, MN 55441 [Mound, MN :.)_.364 Wayzata, MN 55391 N 9/18/85 #G76 To «u It May Concern: 7/31/85 I received an inspection notice indicating I was in violation of Orono ordinance n-cticr, 10.20 subdivision 2K. 71he cmplaint aledges I keep an animal in violation :)f that ordinance, a complaint I understand initiated by one of my neighbors in the Bayshire suhdivision of Orono, located on the old Navarre drive-in theater site. I don't believe I am in violation of the ordinance either as wordy or by it's actual intent. My pet is an African Pygmy Goat. He was bought thrr:ugh a pet store. He has regular physical check ups by a pet veterinarian. He is kept in a kennel inside the house. He spends time_ outside only when I am at hone, and during those periods he is tethered on a twenty foot long leash in my back yard. He rarely is tethered on a fifteen leash in the front yard, only if I am outside in the front yard with him. I occasionally take him for walks around the neighborhood on a six foot leash. He makes no loud sounds, ccnWable to the barking of a dog, for example. He in no way makes use of the outside property in any manner the danestic a�u��nals refered to in the ordinance would do. He does not graze. His food is bought at a pet/feed store and fed to him inside his kennel inside the house. "Billy Goat Korth" clearly is an exotic house pet, and should be considered in the same context a parrot, tropical fish, cats and dogs or other are, not in the context with cows, steers, horses, do;ikeys, burros, sheep and fowl, the wording of the ordinance. Bil�y is 24 inches tall at the withers and weighs approximately forty pounds; smaller than my next door neighbor's dogs. 7b support ry clam+ I am including the folio r nxl: Letters fran two former neighbors of mine in Wen Prairie wt-C were familiar with my goat and rue for his entire life (21i years) . Seven letters .from my current neighbors in Bayshire. A note to me fra, '-s developer of Payrshire, wtm helped :ne solicit the letters indicating her support and the support of two other neighbors I haven .peen able to make contact with. 'Ibis represents a rajority of the ..sidents of Bayshire, and if necessary I will obtain the other ,ignaturee, giving me approval by ten of twelve hams. Photostats of four different newspaper stories, all indicatirr.I the acceptance of FYyc;"•yy goats as hcyu:se pets. A picture of Billy on his leash in the front and back vard. In addition, I offer these two references as e)qY_,rtg who w-rild clarify African Pygmy Cleats as house pets: 3:aren. Erin}_, owner Dr. Bailee. veterinarian the Fact Flare rrdar Det aAni,: Fmc.hester, MN Minneaixdls 1 1 T I'd tv happy to hxinq anyone fro:, the city of Orono over to rT, arx? • show then Billy and his hone. chl Korth I am a resident of the Baysrire town have develcTerrent in Crono, on the site of what once was the Navarre drive-in theater. I am aware of an of r i can pygmy goat house pet owned by Mr. Cal Korth, and residing at 3615 Lyric Avenue in Bayshire. 'It-*, pet: is cau_sirx; no problems, appears to be well taken care, and I an in favor of allowing him to remain. address _ 1 �7 ✓ ,�_ .r'L �� i �N /� �� �w� /� /rt �v date_ f I am a resident of the Bayshire town tame developeient in CvDno, cc the- site of what once was the Navarre drive-in theater. I am aware of an african pygmy goat house pet owned by Mr. Cal Korth, and residing at 3615 Lyric Avenue in Bayshire. The pet is causing no problems, appears to be well taken care, and I am in favor of allowing him to remain. address` yp 1- .i�, �ki1. �� � -.-� date O-Z ZZ I am a resident of the Bayshire town home development in Orono, or: the site of What once was the Navarre, drive-in theater. I am aware of an afrimn pyr;ny goat house pet owned by Mr. �1 Korth, and residing at 3615 Lyric Avenue in Bayshire. no pet is causing no problem, appears to br well taken care, and I am in favor of allc+wing him to remain. Mure address V date`_ — _�� 1.'�' LSD - I am a resident of the Bayshire town home development in Orono, on the site of What once was the ;Navarre drive-in theater. I am aware of an african pyc y goat house pet owned by Mr. Cal Kurth, and residing at 3615 lyric Avenue in Bayshire. The pet is causing no problem, appears to be well taken care, and I mn in favor of allowing him to remain. MUM �/ram crt address 9 I am a resident of the Bayshire town home develo,'enent in Orono, on the site of what once was the Navarre drive-in theate-. I am aware of an african pygmy goat house pet owned by Mr. Cad. Kurth, and residing at 3615 Lyric Avenue in Bayshire. 'Ilse pet is causing no problems, appears to be well taken care, and I am in favor of allowing him to remain. 1 address � ' � � �' �.� � > _� � � '..►��t� ��\� , date G I are, a resident of the Bayshire town hauls devieiopenent in Orono, on the site of what once was the Navarre drive-in theater. I am aware of an african pygmy goat house pet owned by W. Cal Kortb. and residing at 3615 Lyric Avenue in Bayshire. The pet is causing rx- problems, appears to be will taken care, and I am in favor of a' low�� him to rem: i n . name — address date _ 9 #�7 6 I am a resident of the Bayshire town bane developement in Orono, on the site of what once was the Navarre drive-in theater. am aware of an african f- goat hawse pet cured by Mr. Al. Korth, _nd residing at 3615 Lyric in ihyshire. The pet is causing no problems, appears to bt all taken care, and I am in favor of allowing him to remain. name vJ•,+'� •� l.:E�C/ ii�Lri�wo.6� a 'mZ 6.S" B1i57..t'G ess 2 date'r___.-._-- 6 c roof i f 8/23/85 ID Whom It May Concei n 0 Cal Korth lived in a towntxame that shared the same building with ours from 1981 through the :gunner of 1985. During the last two years he had an african pyrph' goat house pet. This pet was absolutely no problem in the neighborhood. Brien Prairie city pet officials were aware of Billy the entire time he was kept in their city. Billy was extremely popular with our two young children. In Fact, t:.he, still ask about him from time to time since he moved. Mr. K •=h ever had a birthday party for Billy when he turned one year old. He •vited a._i the neighbors' children and had bithday hats, cake, favors, etc. MDst of the younq quests br xight Billy a present, ranging from apples and carrots to bananas. I consider it a very entertaining and infor wtive part of my children's early education to have been associated with this animal. I'm sure he is an attribute to his new neighborhood as well. Sincerely, #976 6 8/23/85 To Whom It May Cbncer. n : CA1 Korth was neighbor in a t.ownhome developemert in Wen FT-airie from Fall, 1981 through Summer 1985. He lived directly across a cul de sac from me, approximatley 75 ft. from my home. For the last two years he lived there he owned a pet african pygmy goat. The goat was well cared for and never a neighborhood problem. on the contrary, he was a neighborhood celebrity, and many of my neighbors stopped by with their children to visit "Billy". There is no reason for any complaint aboutt this coat as he was taken cure of by W. Korth. fie was very suiular in habit-, to any of the dons and cats in the neighbonccxrl. I enjoyed Billy. I'm sure Yds new ne1gh1x)rs will. (4:) the Sincerely, rL.•h9 Ja son Eios iger goat, but will take dispute to court By data Ettei Geaxaiez Stab Wnter Jam Swetioon says Brooklyn Center t officials havt gotten her pat, and See b sot about to pay them $30 for the trouble they've caused her At a preliminary coaterence in ' ■etoepin County Municipal Court AM momM, a Brooklyn Center v piracutor proposed to dtsa� ebar�as that Swenson notated city artghwocas by ktlrp ft an African P4M pat is her backyard. BLt the called for Swenson ;o pay we as cover some of the proaecuuon Oates misted to the can anso t said see world have pore id be proposed settlement, ad asted for a jury UUL The dty, she Saud, has pufton90 bet family e~ by forcing the Sweasons to roure the goat to a 1nend's bobby hrm in Anoka County Wry Nielsen, a Brooklyn Center pomocutor, mid the city received comp+s:nts from neighbors that the pat was noisy and had IMten out of as Sweasortayard A city health Nowtor A*Wd it Wasn't af/ropriale w keep a goat in Bruaalyn Center. But the city p11poaed tb dkamilt the baryft banshees the Sven--orw have gotten NMof the Suet, Nielsen saW Swanson and bees hlfhand. Robert. bIIIJ1*440N n) they checked with city officials G" Neighbors beforr buying the g'bt from a Brooklyn Park pat shop in Mby. They said they bought the goal because thev wanted their children to learn to respeci anirriulc The goat was a bM with the aeighborhood kAdL Jan Swenson said But she said probbems with the city beitan after a neighb,.,r. µact before moving out of the area. ended the city and rompis!rwe about the newt Sweriaw.in said the goat was 8 calm. peaceful animal tact VeeiM efatdrett Wim a Mlaarly bleat much quieter than a dot's bark T b, 10 rMidren names! it Thundei hsa that was a misnomer ®ven in a moment of whi:nsv, she said The cit, cited the S"nsoas in July for i iol -jtuig the citq s public nuLsam t- ordinance and for keeping o "wild animat not native to Mirinesota' in their backywd iltie Swenson;;, city oiridtLs said, atrsald have to ceaf s the pat in a cafe ins,de their hoarse or get nd of it cwensori said sbc sent the an:rrril away because she didn't what a pot in her house Swenson maintains the goat is sot wild animal It was affectionate to the chi:drea. 11 doesn't baA it ran aro,ad tie yard AM kept the shrubbery dawn." she stud ® She hope- the lury wit: agree w1," V%Z*er, 'ie skid, because as a taw aMC:i,K brit►sh Mitue.n. l want k keep my record clean.' Meanwhile, she acid, the Swen ew, lid%r bought their c"dren. ads 3 ar,G 5. a terrier that is the some r-Wo- ai T h, nde r Munu•ipw CAUrt JudRr Jaavity Rogers, who hold the preluniaary conference on the goateast, said cases invot. it* unr►w! pets don't come up frequent!,, in the roam) He said he couldn't recall any cases tavotvM` gitrasL but be rtmeeribem, a cae'e iieverti ,,wars ago iavq►vlaa au: tr.,ester Oonse that. be said, caneW from "tltilt and cute to saw" am mean, family gave up goat, but will 11-,,,n.-....o. J. - - - -- . - - _ _ _ . _ by Dtaaa Ettel G*szalel Staff Writer Jae Iwenton aays brook)" Caller ' effkisls have gotten ber ®oat, aed she is not about to pay them $30 for Oft trouble they've Caused bar At a prat miftary coaterwsce in fiewwpin county Municipal Court No wioath. a b rooWs Ceeser prwecutor propored to dhmr cbwv a that Stiwnaoa 1 M city WdINO cos by kaept M Africa► p4pr Nast in her Mctyart but the prepoeal cal. led for Sweaaoa to pay IM b cover some of the prmscution ceft related to the cm. lwesm said Me W"M lta a Mahe a1 sw proposed stmeaseaL W atdtad for a jury trial- The city, she told, has pUM511yd her family eacwp by fercIng the Seeaaoas to rebre the NOW to a Mead's hobby farm in Moks Couefv MM Nlelseo. a brosklya Cester plow itor, aid Me at) received caesplamtt ftvm neipboru that the �� M ruby asw hod Owten out of t"1"' bird. A at) aft" imgwclor aloved tf waaa't apprt3prurte to keep a loaf in br Wlyn Ces , >sut the mq. proposed to dw ilas the charm Wow the Sweerqons have "ten rid of Me post. Nieisee and svew-� and bier boamd, Mobrrt, as, MO) C"ec'ked with city a f► ials sod ee► ",nrx befem buyleg n+e post ty is bla-h' ny goat is no small project R dr�xatediN to keep it c►,c an 4the c age, esrarm ise l and 1 out he's a lot of work " Cal fesi said Iifectionate rewards such as OTT a dog or a Cat • •Goatf don't ha � c lid "He's�t hUh " of theCaifes home, tw o acre, (III a refurbished 1857 horne, an log huildrng� iWed with . to roam CI" twice has he road 1:sesmedty harmony wit:t the Ong behI . Caffes and the dogs on arb% creel, atan is an unusual pet, but he ►b ►c area aee�► selling pygmy goats for novelty of owning an exotic et tit►e Pet Place charges 63 for } goat, which can be re sterecj Place cc} %%7w.r Karen Brink :rrN female p)gms gnats, since es make them twice as ven quite ar. she says The on band anC "usuail♦ we don; t a caVle of weeks." 11rtnk %aid n in the United States about 1 to become popular in the past rc milk the graw theN do nn' Ae it sorthw•hile Life $par. IS t red the females can produce ins or triplets !horned but that is an opt on teat hori?s that make him spur his obv►rws attachment to whem F'Ngm� goats rml -e w hcc doesn't have a job, he 1108t119 best Mend? w """"'" An "%d4fore"t Seem N+elvfej a Rvy from hu logot rwQaiar ,..A neat guy, but his personalitY ,ft blafi' Loving a pygmy ,goat By BEVERL.Y GEBER Rochester Post -Bulletin ROC'HESTER i AP) - Satan's oval eves are ►isected by black rectangular crises that never change �ess►oo e ib a make sort, climbing on cars eating pope and sampling the tastrof anything in his wa,, He requires much more care than is dog or cat or bird and he is not Call affectionate So a h� is David Caffes iw? attached to Satan his Afr►canp� gm-, goat" Caffes, cant figure iteut either "I don't know," he wys with a shruyr "I'm attached to trim ternbl but I'm the oniN one. It was on): b� accident that Caffes and his wife, >bett} acquired a pygrn} goat 18 months ago to add to their stable of three alp and one parrot Beth wa, looking for another dog bur ..hanged her mind when ttbcy saw for pyginy goat at the Pet Place in �cichesstrr The�'re w talc xheli tM•'n vtwri� C'aftes said Thee brought the 2 wwk�d oat tc, their country hPine (wtside of Rc+rteeder Caffes. a ho is "me all day tendirirt+,is antiquebusuiesa. beganlending Satan *fib eight bottles of milt daily Afler eight weeks of such attention, Beti% had lost ber "anduig A had to rase the sopt He dedst,'t liAe dray Hebutts her all the time' Caffessaid ) Satan gre% from a salt tiny pet to a headstrong, two- Iam goat and Caffe, dow't r+ecomrvend pigmyy goats hu e%eryone Despite claims that the pets can be "hous#4ostv that's tine on1% if you don't %slur your t%*W,ou nO ure, Cof fft said can house traNthem in most w ays but you Isn't train their, not tc-Iurr:p up tie+cause that's their 'natural thing,- Caffes said So, after Satan's infawv he anent to live rr, a mesh iosed peattached to rail" antiqueshop A Wle f urd r.►� a n wilt aticsa s lain to gci incx� tr, a tiny I11)wd space at the rear of the shot, arin the winter. Calfe>4 had tw to* a ater to Satan e• a da% after the fist batch (roar Thr stray► it-, hi.� pen must be changed repeatedl3 to keep it clean and be must be let outof thrcage, exertiaelw4 watched each &% "He's a neat gii� but he's a lot of work." Caffes said And there are no affectionate rewards such as one might receive from a ftg or a cat •Goats don't na%e VeMneltUeA," tw saki '' Re ' s 1w-t blah '' In the rural setting of the,: affes home, two acres on the edge of town with a refurbished W)7 home, an ancient tarn and two lqg buildings filled with antiques, Satan is free to roam Only twice has he ventured out on the road Caffes said Satan lies en edgy harmon% with the dogs docilely folk,a ing behind Caffes and the dogs on their dail% trip to a rmarby creek 'there is no doubt Satan k an unusual pet, but he is trot th- -Jv one in the area The , et place has been selling py piny goats for about 21 :• years The novelth of owning an exotic pN does not come cheaplt the'Pe(Place charges lii for a purebred male pggoat which can be stered by ttte owner said Pet I lace co-owner Karen Brink The shot) does not cam frmaie p� gate gnats, since their breeding qualities make them twice as exhes ie goats have proven quite popular, star says The shop keeps one or two on hand and - usual h we don. t Gave their more than a couple of weeks Brink said The goats have been in the United States stout 15 years but on!,. be#an to become popular in the past WA years, she said. Brink said tea owners milk the goatb the% do not produce enough to melee it worth%%tile Life span, is about 10 years and if bred. the females can produce two tittrrs a year of to ins or trplets T W N(mtss can be dehorned, Put that is an option that Gaffes reie cts It is Satan's size and horns that make him appealing tit saes Despite• his obvious attachment to the goat. C:affft aarns others P)gm) goats rein-r time and cornmitmei,t "The} 'rr for somebody a ho dueui 't hayr a job tw said is seat's beef hie ad * A'11 .at, n 1 R , a..4, . M,...► ►'eaeM to dehvw the tows trato tar Wasttttvas. the D•rrtocrat.t:.at aaal Cent txuttas tast"d pve tetra mar• aMY aW More C MP8W 9"Mt Lk" gal mayoral tandtdats naa ever rKet„•/ Co ON aftletats aw atspatdsf the pRry orbits pr•$too I&l , an4..latAO to a &SWY of bou Canty aimed more at tie Oatmeal alact bosom than at Chicago s raCutlb "r' d Owtorsto Now it aMoan twat LbM Warta, Plus thM IS pin— ,►tu wow tat provided washm" s awgks of ,bLury. mat a=NO to drags the srsou"M aarp hoen 1 want to esprw my "L:acws owr Na paiacy POLUAGM ad iad d setaouttc *&pwttaa oi the US Be, - - to Utt on M AI, M as low Trtr in Won- ! MrM % (*TTM a Sabpma. 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Mabusth, Zoning Administrator Date: November 5, 1985 Subject: #980 Richard Keaveny, 3423 Shoreline Drive - A) Preliminary Subdivision V oh Jlu B) Request for building permit for L,ct 2 prior to final plat approval A) Preliminary Subdivision Zoning District - 13-1 Tot"l Area - approximately 72,516 s.f. or 1.66 acres Application - Subdivision - plat - two lots - refile of application 1714 granted preliminary approval by Council 4/25/83 - application expired 4/25/84 A) Lot 1 Required 20,000 s.f. Proposed 20,000.4 s.f. Lot 2 Required - 20,000 s.f. Proposed - 52,516 s.f. or. 1.2 acres B) Variance for existing structure on Lot 1 Required = 15' Proposed r- 5' Variance = 10 or 67% List of Bzhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - As -Built - Water Lines Exhibit E - Hennepin County Letter - October 21, 1r48`} Exhibit F - Hennepin County - Sketch F'xhibit G - Resolution 1694 Exhibit H - Section of Preliminary Plans for Upgradinc, of. C'ty Road 15 Exhibit i - Cook's Letter Exhibit J - Preliminary Plan Exhibit K - Lambin's Letter mated October 31, 1.985 The application involves the division of Keaveny's 1.6 acr?► ccmmssrciai property subject to the standards of the B-1 Zoning District. Each lot, contains the required minimum 20,000 s.f. in area and meats the lot width requirement of 100'. Zoning File #980 November 5, 1985 Page 2 of 3 The structure on Lot 1 i. s five feet t ro,.Tt the proposed boundary line - structural modifications will not be required as long as a five-foot set- back is maintained. As proposed, Council is asked to approve a side yard setback variance of 10 feet (required 151). There is adequate area and width to meet. the setback standard. The future use of Lot 2 is defined in another application #982 to be reviewed at this meeting. The existing building on Lot 2 shall remain as the principal structure. Both applicant of #982 and owner of property request the side setback variance to provide adequate width for harking and traffic lane for future restaurant. In the original subdivision application, the owner sought a setback variance and planned to c;bt:a.in an easement from future owner to allow continued use of loading area serving existing stores within shopping center. The lot line can be gerrymandered to satisfj both area and setback standards but staff sees no problem with plan as proposers. At the time Council. granted preliminary approval in April of 1983 of the original application, you denied Hennepin Count.y's request for an additional 7 feet of right-of-way 'used on City's long standing policy of holding ali county roads to a maximum width of 66 feet. I have enclosed both a copy of a section of the preliminary plans for the upgrading of County Road 15 and a resolution by the City approving these plans (Exhibits H & G). In the County's most recent letter (Exhibit E) reviewing this subdivision, they remind the City of that approval and request the additional right--of-way as a dedication with the present subdivision appli- cation. Review Exhibit I, Glenn Cook a lso recommends granting the addi- tional. right-of-way now in consideration of the alternative of condemnation in 3 to 4 years. The request to close off eastern access will be upheld by the City based on close proximity to intersection of County Road 15 and Kelly. The controversal underground gas tank has been removed by Keaveny. All sewer and water assessments have been paid on the property. If additional units are required based on the proposed use of Lot 2, the future owner will be responsible for all fee payments. Park fpe of $250.00 must be Laid to the City for Lot 2. Review Fxhibit D, the City will ask that utility easements be designated on the plat over existing water line and dedicated to the public. Planning Cos !anion Reces ndation To approve the two lot commercial plat application of Richard Keaveny and a side setback variance for the existing bui ldinq on Lot 1 based on one or more of the followinq findings: 1. All other lot standards for the D-1 district have been satisfied. 2. The 100 feet width standard is minimal, any tiew indcpendent use to be established on Lot 2 would require more width based on restrictive standards for corner lots. Zoning File #980 November 5, 1985 Page 3 of 3 3. There is adequate width ava i _ able. to satisfy lot standards but existing use patterns and propcsed use patterns require the,7t lot line he located as proposed. Approval is subject to the .ollowirf? conditions: 1. Most eastern access at County Road 15 must be closed off prior to final plat approval. 2. Future r.)wner of Lot 2 must connect to municipal water. 3. Owner/applicant must either re►1^rate loading berth or future owner of Lot 2 grant easenent to Lot 1 for use of loadi:.g dock area. 4. Payment of park i - of $250.00 for newly created Lot 2. 5. Dedication of additional right-of-way for County Road 15 per preliminary road plans of Hennepin County and as approved by the City of Orono. B) Request by futuic! owner of Lot 2 for a building permit prior to final plat approval. Jot,n Lambin has saibmitted a request for a t,ui 1ding permit to comnence the zenovation of the existing structure. I have received nothing in writinc; concerning thin special request from the owner and applicant. In the past. the Coun--i1 has approved issuing huildinq permits for single family residential conatruc.tion prior to ground freeze up. In this case we have an existing structure and the pressure of an opening deadline schedule for the future owner. The work will consist of interior remodel and cosmetic repairs of the exterior. There is a small addition to the south side: of the structure for the freezer area. Council may not wish to issue a permit that would cover this addition until the plat is finalized. Staff would recommend issuing a buildinq permit to John Lamb.in subject to the following conditions: 1. Construction of addition to rear of structure cannot commence until plat has received final approval. 2. A Certificate of Occupancy will not be issued until the restaurant is connected to municipal water and the Eclat has received final approval. 3. All construction shall be subject to the r-quirements of the Uniform Ruilding Code and State Fire Code. 4. Currf-Tlt owner of property submits his approval of the issuance of the permit prior to final plat approval. Direct staff to pre•sare a resolution for either denial of approval for your meeting of November 25th, 1965. MiWIMUM MATERIAL NECESSARY FO, MPLETE PRELIMINARY APPL'CATION 1. Application Completed 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature Date -----------------------------------------------------------------•--------- MINIMUM MATERIAL ■RCICSSART FOR COMPLETE FINAL PLAT APPLICATION 1. Payment of fees (park fees, filing fee, sewer ;,.nd water assessments) 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 0 5. Developers Agreement and acceptable form o security. 8 Certification by Zoning Department that Final Plat Application is complete. Zoning Officials Signature _ _ Date Sketch Plan Review (Class I, II i III) $150.00 Preliminary Review (Class I & II Subdivisions) $250.60 Preliminary Review $300.00 plus (Class III and all non-,-esider ial) 20.00/lot Final Plat Review (Class III) $150.00* *(I'lus any ----------------------------------------------------------------------------- legal or engineering charges) App" rant has read the above and hereby agreed to provide all information required or rryaest.ed by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this oplicati.on and further agrees to pay all additional fees established by ordii,ance. Applicant's Signature _ Date Corner's Signature Date or Ap ...cant must have all submittals into the City offices 25 days hcforp the Flan Anq Commission Meeting. Planning Commiasioci Mertingrs arc usually held on the third Monday of each month. DateBy ec'� r` C. _ Fee Rec'd 21 n Fe CITY JF ORONO SUBDIVISION APPLICATION PORN -------------------------------------------------------------------------- Ak PL3CAlVT Name Telephone �' ,t 4 Mailing Address PROPERTY Name �_ r,�'d e/1,.ld�iV(i' Telephone OWNRR Mailing Address � `^ ' { L � c ,'IJ/' (Attach list if more than one -------------------------------------------------------------------------- PROPERTY LOCATION Street Address Property Identification No. (P.I.D.) Complete Legal Description t�) be attached to application ---------------------------------------------------------------------------- EXISTING LAND USE Number of Tax Parcels Development Size Acres Dry Land Acres Wet Land Acres Total, all parcels Present User (check) Residential; no. of units other (specifyi Present Zoning District _ ------------------------------------------------------------------------ PROPOSAL. Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites:, Existing Unit!: New Units Total Units Proposed Gross Density _ Units per _ _ Acres F"ir.imum Lot Size:Square Feet Dry Buildable Land Proposed Use: (check) Residential Other (specify) (OVER) LEGAL LESCRI 'TION Tract B. R.L.S. No. 1422 Hennepin County, Mn. # (7), f 1� z-- 8 e•� - 4i . 20 , 40 41) 39 '' ]52 i 1 1 i21 eso.�,,x� ' P)13 1 a 1y,14 � � r30 V 1 , Y •,,, LIVINGSTON AVE 1a C`i1 • s 14 14i(. 12 (11• 10 9 s 7 • ai` 4 i 2 1-- �• 19 3� A ! • � 1• `�� (,b1� (60 t4s)��4) (�� Ft)( i h(e� 1b.� ,, Q2L ,fog ,� \ \ ,/� 21 i r t0 tl �42t 1 2i t4 Q Ii Is 11, 19, 19, 21 , 22 23, 24 �ib� �►T%'�) ��S9i = ow LYRIC \ Lot `` 3 f ' lo L Q 3. 2,� 4 la n 10 9 1, 40, e, 2, 1 - w s i r � (yql Q roc iy� 5 to tE �22 i as 24 1;x o , n la' 19 to. 2, ti is' xa' !7• ? 1 �M►1 t�.• r0 • all a 'd• r N E � 1 �M 1tl"••.:. i10 r t O �•��} / • v 1 010 2 S i•�1; v194 6e a r r 12 AFC` A lw 1 + AVY � .. S X t �`� _•iy+! , i OVTLOT jE' .. • : ti '• f uT���.:r�ll j/� IL t`Y v � � �, � •t' �' �,� CoV (s4 J'r is � a4 i' .A Z4t 'ARI t P4ir< �1) ,•, .,. Q � t aL a ,. • NovaRRE cov �.� ..+ 31 lei 'ee 1429 � I bra' cr:, j3q) 0, y RUN DATE 09/23/85 c� BATCH 006 38 17-117-23 44 0100 PROP ADDP 03182 SHORELINE OR O1O:!:P NAME P W JACKSON ET AL TA',PAYER GLASS II PARTNERS NA`1E/ADDR 14600-28TH A'IE N PLYMOUTH MN 55441 38 20-117-23 11 0015 - PROP ADDP 02445 SHADYWOOO RD OWNER NAME 15T NAIL BAtlK OF NAVARRE TAXPAYER 15T NATL e,W OF NAVARPE NIAME 'ADDR CO ROAD 15 A CO ROAD 19 NAVAPRE Ml 55392 38 20-117-23 12 0027 PFo" annv 0:..4ME WARD E EDWARDS WAPD E EDWARDS r �545 GLE!ktURST AVE ST LOUIS PARK MN 55416 A 39 20-117-23 12 0034 F—lop ADDP 03423 54OPELTHE DR C6NER t1AME RICHARD M KEAVENY ETAL Aw, TAXPAYER. RICHAPO M KEA`.'ENY NA'TE/ADDR 26(Z9 CAROLINE AV WAYZATA MN 55391 r 38 20-117-23 12 0051 PROP ADOR 40, OWt1ER NAME 0 L A L S VPHOFF TAXPAYER DAP.YLE L A LUCY S UPHOFF NAME/ADDR 2497 KELLY AVE EXCELSIOR M11 55331 i 38 20-117-23 12 0054 r PROP ADDR 02503 KELLY AVE Ok^:ER NAME JAMES K, LINDSAY TAXPAYER DANIEL T LINDSAY ►IAIiE.'ADOR 2321 HUNTINGTON PT RD E WAYZATA MN 55391 to, HEHItEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPF9TY OWNERS LILT 38 17-117-23 44 0101 03360 SHOPELItIF OR L A C KOfHtfFN LEROY A CAROL KOFH1fE4 260,0 VALLFYWO(T EXCELSIOR Mt 55331 38 20-117-23 11 0024 03333 SHORELINE DR NET LEASED PROPFRTY INVESTRS SUPER VALUE SIOPE-S INC COPPOPATE TAX DEPT P 0 PDX 990 MPLS MN SS-440 38 20-117-23 12 00'8 02480 CARMAN ST RICHARD A EDWARDS RTCHARD A EDWARDS CTY PO 15 BCX 127 NAVARPE MN 55392 38 0-117-23 12 0046 KEVIH PAUL. O'BPIEN PETER CHOW 4920 COLONIAL OP GOLDEN VALLEY Mt 55416 38 20-117-23 12 0012 02499 KELLY AVE M J MCENANY A D WILLIAMSON MICHAEL J MCENANY A DEBORAH WILLIAMSON 2499 KELLY AVE EXCELSIOR Mi 55331 38 20-117-23 12 00SS DARYLE L UCHOFF ET AL DAPYLE L UrHOFF 2497 KELLY AVE EXCELSIOR MN 55331 A►EPORT ND. P7435401 rAGF 9 38 17-117-23 44 0102 0 3" SHADYWOOD RD O A A H M OClk)GHfRTY TEP1{fN H SCH"IDT i!AS SHADYW."O RO BOX 15 NA`:AFC;. tTN 55392 38 E0-117 "T 11 0032 1ST HAT1, BANK OF HAV ARRE 1ST NATL BANK ('T NAVAPRE P 0 BOY. 123 NAVAPRE MN 55392 38 20-117-23 12 0033 05465 SHORELINE OR G.P.M. COMPANY AIE::Y, 6 OVERSON 5849 RUS'ELL AVE. S MFLS MI 55410 38 20-117-21 12 0148 CITY OF OROt:o CITY OF ORC'ttJ BO+ 66 CRYSTAL BAY MN 55323 38 20-117-23 12 0053 02501 KELLY AVE JAMES K LINDSAY DANIFL T LItIDSAY 2321 WJNTIN6TON PT RD E WAYZATA Mt 55191 TOTAL BATCH 006 00035 #980 RUN DATE 09/23/85 PATCH 006 38 17-117-23 43 G083 op, . PROP ADDR OWNER NAME STATE LAND DEPT T\)(PAYER CITY OF OROtO NAME/ADDR % WALTER R BERSON CITY ADMINISTRATOR ORONO MN S5301 ,. 38 17-1I7-23 43 0086 PROP ADDR 03465 LYRIC AVE OW1.'ER NAME MARGARET M OLSON ET AL TAXPAYER MARG-%RET M OLSON r NAME/ADDR 346C LYRIC AVE PT I WAYZATA MN 55391 38 17-117-23 43 OOB9 PROP ADDR CL::ER NAME GEORGE F PIPER JP TAXPAYER GEORGE F PIPER NAME.'ADDR BOX Z7 CAPVEP MN 55315 38 17-117-23 43 fJJZ PROP AOCR OWt:EP NAME DAVID C}1APLES DIE TA\PAYER DAVID C EIE NAM£/ADDR 1910 SHADiWO00 POAD WAYZATA MN 55�-91 38 17-117-23 43 00Qi PROP ADOP 03468 SHORELINE DR 06f4ER NAME L A D BENZE L TAXPAYER MR A MRS LEE J BENZFL NAME/ADDR 1710 PUNAHOU ST •1`J4 HONOLULU HAWAII 96822 33 17-0 7-23 43 0142 PROP ADDR 03444 SHORELINE DR QUNER NAME RAYMOND PETERSON ET AL TAXPAYER RAOI(t10 OR LIN11EA PETERSON NAME/ADDR 3444 SHORELINE OR NAVAPRE MN 553Q2 HEt1NEPIN COUNTY PROPERTY INFOpMA;IOH SYSTEM PROPERTY OWNERS LIST 38 1i-117-23 43 00^+ STATE LAUD DEPT CITY OF OROI'0 X ALBERTA M STROM Oporto MH 55391 38 17-117-23 43 0087 03473 LYRIC AVE A A DEAN A D A DEAN ANTHCWY A A DEVRA A DEAN 3473 LYRIC ST ORONO MN 55391 38 17-117-23 43 0090 03499 LYRIC AVE MARJOPIE M &PE1 GARY W WOLFSTELLER 2156 CARDINAL LANE MOlua MH 55364 38 17-117-23 43 0093 03480 194*10ELItm DR GEORGE F PIPER JR GEORGE F PIPER BOX 27 CARVER MN 5'315 38 17-117-23 43 0098 03416 511OPELINE DR S A ECKLIRD A C T 'CVLUND ROONEY L PITSCH 1768 LAFAYETTE LA14E MOUND MN 55364 38 17-117-23 44 0009 O2371 SHADYWOM RD WAtHE D JACKSON ETAL MARCEL OITTRICH 2377 SHADYWOOD RO WAYZATA MH 55391 PEPf1RT 40. PI4354C1 PAGE a 38 17-117-23 43 0085 SCOTT E SCHWARZ SCOTT E SCHWARZ 3201 14TH AVE S APT ?OI "BLS MN 55407 38 17-117-73 43 0088 03477 LYRIC AVE GEORGE F PIPER JP GEORGE F PIPER DOX 27 CARVER MN 55315 38 17-117-£3 43 0091 0 34 % SHOP E L I rft DR DAVID CHARLES 8IE DAVID C DIE 1910 SHADYWOOD *GAO WAYZATA MN 55391 38 17-117-23 41 0094 03472 "- OPELIHE DR GEORGE F PIPER JP GEORGE F PIPER BOX Z7 CARVER MN SS315 38 17-117-23 43 0099 03400 SHORELINE DR S C JOWr,ON ETAL S C JOHN9oN BOX 40 NAVAPRE MIT 55392 38 17-117-23 44 0099 CITY OF OPONO CITY OF OWOttO # AV ax ,. irMV G DEPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins, Minnesota 55343-8468 HENNEPIN Li Ll 935-3381 fc TTY 935-6433October 21 , 1985 Ms. Jeane A. Mabusth Zoning Administrator City of Orono P. 0. Box 66 Crystal Bay, MN 55323 Dear Ms. Mabusth: RF.: Proposed Plat - "Richard Keaveny - 3405 Shoreli.-aa Drive" CSAH 15 SW Quadrant at Kelly Drive Section 20, Township 117, Range 23 Hennepin County Plat No. 1339 Review and Recommendations ILJf1i 1P ,;, �- Minnesota Statutes 505.02 and 505.03, Plats and Suyn-.ys, require County review of proposed plats abutting County roads. W- eviewed the above plat and make the following recommendations: - Based on the Hennepin County layout dated 8-27-84 approved by the City of Orono for the improvement of CSAH 15, the developer should dedicate the addit.i cnal right of way shown or. Attachment i . - 9ny revisior to the existing access requires an approved Hennepin County entrance permit before beginning any construction. See our Mai:-.ter:arce Division for entrance permit forms. R6,ki6i - All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes, but is not limited to, drainage and utility construction, trail development and landscaping. SrsP our Maintenance Division for utility permit - The developer, must restore all areas disturbed during construction County right of way. Please direct any response or questions to Le-s Weigelt. Si erely, /� David W. Schmidt, P.E. Traffic„ and Transportation Planning DWS / LDW : ear HENNEPIN COUNTY an equal otV0'i emplover it -- 2-S-BL PL BG. d HTG. W= - -- - --------- -- d ELK. I -S-BR. d BLK. JIMMIES LOUNGE R ii pp I -S -BR; - I , K. } , I f� 4 KEAVENY DRUGS fwk U.S. POST L I ODOR OFFICE STORE STORE d BLK. BLDG. CITY of ORONO 1'wt Office Box 66•Crystal Bay. Minnewta 55M0M•nidpal OfM m On the North Shore of Lake Minnetonka RESOLUTION #1694 RESOLUTION APPROVING HENNEPIN COUNTY PRELIMINARY PLAN FOR COUNTY STATE AID HIGHWAY 13 AND VARIANCE REQUEST AS REQUIRED BY MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, Hennepin County has propared .•nd presented preliminary plank +or the improvements to CSAH 15 and WHEREAS, Hennepin County intends 'co obtain state aid funding for this improvemcr•+t protect, which woold require o variance from state airs st:andkrd•s from thr.• Minnesota Deportment of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the { i t -, Cor.rnc i 1 0+ the City of Orono does heref-v approver the pi limir+:+ry plan and variance for the i mprovome-t of (_' +H i BE IT FURTHER RESOLVED, that the lit.- o+ Orono agrees with Hennepin Count.y rr_�quc• t. to cwht.yin ,-, ,ari�4ncr_ from the state aid standards from the- 11inne.;oi:c lie•partm#-i+t of Tr�,nrportation to allow for one lane east and one i ane west with b i t-0011 r+cIus shoulders not to c.:ceed F3" in width on that part of County Road 15 east of County Road 14 to Hi l l si do Uri vv in the City 1,+ Way:.1Nt<+ as this type of roadway dF�iyn 4agrer--t; with Dronn's C"ompret-ic,nst yr F'1 Kin. ADOPTED BY t.hf. City CCILIth.: i 1 ..+1 l.h:. City c;,f Urons at .d rr•g+_+1 ar r.uc+nci 1 mec-•t) nq this, 29th day, cf OctC1,r•r 1984. Mary C. E t C�r , a.ynr ATTOSTt t� by N. ,:• 1 { ! rl t 1. 1 r•r 1 RtALW%t.473 7)57 R AI MIMSiRAIK)- & 11%AVlt 47) 7))1 • i"t MS F+ ht+kA�, s AM Seim; ' PL BG. d HTG. ; 1-S -BR. 3 BLK. 141 ii 35 t _ _ 1 xz Smo _ I 1� 1 � K / � EAR ENV . U.S. POST LIQUOR 1-S-BR. b BLK. DRUGS OFFICE S':ORE i zl � S � GNr. b BL K. BLDG. L-j V ------ r 3LK. -1 LIQUOR + STORE X. l-S-t3R. d SLK. JIMMIES LOUNGE 19 CANE --_-ems_ 36 PAft .. 612 - 636-4600 October 31, 1985 City of Orono Box 66 Crystal Say, MN 55323 Attn: Jeanne Kabusth Re: Our File No. 139-980 Keavenv Our File No. 139-992 Lambinr Clear Jeanne: IJrr , G bo.nrmu. P E RoAwr M. Rawne. Pk. JavpA ( Aadwhk P i 0,400r4 A L..deo.. P t Rig Aerd t Tw.n P E 1 N � J CITY OF OkU." -► R Caak, P E 4 4ertrn. P t 1 -'~ t. Nam. P I P. fta•0 W. Eaerw. P t Rohe,: G Srkr Ar, P f we". I %—.*' P L I b~d ( wr•yemr, P E A—P 4 Ra-rda.. P E 4#04 A He.m". P 7e0 A I Wid. P E w.-AwN I Re.r...... P t A.&W R. P eflerk. P t M-d V LiAore. P £ ( 1.•br A tn.1 n I ea M Pew' wy H*'Ma w U6.e Enclosed please find the preliminary plan for the Chicken Joint kestaurant. We have shown recommended changes on the plan. The County is requesting additional right-of-way as shown on the plan. We would recommend that the right-of-way be providen by the owner. The bitumi- nous curb should be placed as shown which will minimize future disruption of the property when County Road 15 is upgraded. If you have, any questions, please contact this office. Yours very truly, 80NESTROO, ROSENE, ANDERLIK 6 ASSOCIATES, INC. Glenn R. Cook GRC:sas F lic I . 1 I21d /11 BUILDING Itin Wattr *trttt CONTRACTOR 012 474.3441 October 31, 1985 Jean Mabusth City Planner City of Orono. Minnesota Re: Chicken Joint We are requesting a building permit for the above project. We would like the council at the next meeting to review our request for a permit. Thank you. Si 1 or ,) n C. L Zi a: omrnerrial Ittsiirntlal TO: Mayor Butler Mark Bernhardson, City Administrator q Orono Council Members FRO14: Jeanne A. Mabusth, Building & Zoning Admini4str tDr DATE: November 5, 1985 SUBJ: #982 John Lambin, 3405 Shoreline Drive Conditional Use Permit - Commercial Site Plan Re%iew Zoning District - B-1 Area - 20,000 s.f. Application - Conditional Use Permit for Cl Restaurant per Section 10.4() Subdivision 4(C) List of Exhibits - Exhibit A - Application Exhibit B - Certificate of Mailing Exhibit C - Affidavit of Publication Exhibit D - Enigneer's Report 10-1.4-85 Exhibit. E - Building Inspector's Memo Exhibit F - Engi.neer's Sketch Exhibit. G - Ele—at ion - North Exhibit H - Fie pin County better. 10/21/85 Exhibit 1 - Floor Plan Exhibit J - Site Plan Exhibit K - Landscape Flan 't`he applicant proposes conversion of existing structure into a chicken (eat in and carry out ) restaurant. There will be seatinq capacity for 28 inside but predominantly 'he sales will be take out. The Building Department confirms the existing structure is in sound condition. The applicant proposes a rear addition for the cooler. room. Applicant must. apply to the Hennepin County Health Dept. for approval. Once again, the Hennepin County Highway Dept. asks that most eastern access onto Shoreline Dr. be closed of f . The proposed access location at Shoreline has been increased to a 24 feet width as required. Keaveny will also maintain a 24 feet wide access. Both access locations will he divided by a 12 feet wide barrier. Access to the restaurant will be a controlled entrance provided with adequate signage. Egress will be via a controlled access at Kelly. Staff met with applicant, Keaveny, and a representative from the Hennepin County Highway Dept. to discuss the traffic flow on site as well as the ingress and egress interactions of the site. We were able to provide a workable barrier between Keaveny's and the restaurant by providing a single 14 feet wide entrance only. This controlled entrance will still allow Keaveny to maintain the loading area to east of his building and also preserve the designated parkinq stalls along north side of structure. Zoning File #982 November 5, 1985 Page 2 Cook and the County representative recommend direct access from west to restaurant site in order to discourage traf f is flow out onto Shoreline and then back through restaurant entrance. They have advised that this type of traffic exchange increases potential for accidents. Traffic signs will be posted on restaurant site to secure desired traffic pattern. All SAC charges have been paid. Water and sewer assessments have been paid. Applicant/owner must connect to municipal water - building already hooked to sewer. The City Engineer has provided an amended site plan (Exhibit F) designating the radius for the curbing along the south side of the Kelly Ave. access. The curb design will allow easy access to south and provides greater maneuverability for car seeking access onto Shoreline if cars are stacked at Kelly Ave. intersection. Note that Cook's sketch also shows the proposed improvements in relation to the additional road right-of-way requested by the County. The County has also asked that applicant use bituminous for al improvements proposed within right-of-way. All plantings at. intersection and along County Read 15 must be controlled so as not to inte.fere with sighting at intersection of Kelly and County Rd. 15. The applicant has been given the choice of providing fire lanes along the north and west side of the structure or to provide a sprinkler system within the structure. The applicant has opted for the sprinkler system rather than lose 2 car stalls to the north of the structure. Parking Requirements - per Section 10.61 Subdivision 10(:' 1 stall for each 80 s.f. of public floor area Total area s 1563 s.f. Non-public area = (200) s.f. 1363 s.f. Total public floor area 17 required - 16 proposed on upper level. - a ditional parking provided to south in lower parking area to immediate rear of property. if Council feels the 1 additional space must. be secured, Section 1.0.61 Subdivision 6 - Joint Parking - provides a means by which Keaveny and applicant may confirm via a formal agreement that this additional space is provided of f -site to rear of property. Zoning File #982 November 5, 1985 Page 3 Staff recommends approval of the amended commercial site plan and Conditional Use Permit for a Class I restaurant fc,r John Lambin involving the property locater' at 34U5 Shoreline Drive subject to the following conditions: 1. New restaurant use to be approved by Hennepin County Health Department. 2. Restaurant must hook tip to municipal water. 3. Staff to approve final signage to be provided on site. All signage to meet standards of Section 10.61 Subdivision (3). 4. Applicant to provide copy of executed agreement confirming that Keaveny will provide at least 1 stall for restaurant use to rear of lower level of property. 5. Staff to approve final landscape plan - plantings at intersection and along County Rd. 15 must be limited to 3 feet height so as not to interfere with sighting at intersection of Kelly Ave. and County Rd. 15. 6. Desigi if access at Kelly Ave. to be amended per City Engineer's recommendation. 7. County Highway Dept. has requested that all improvements within defined right-of-way be installed with bituminous covering. COUNCIL ACTION Give staff conceptual direction to draft a resolution of approval for formal action at the time the Keaveny subdivision receives final plat approval. it CITY OF ORONO GENERAL LAND USE APPLICATION --------------------------------------------------------------------------- PROPERTY LOCATION Site Address Property Identification Number (P.I.D. ) .2C - /1 % - z 3 /7. (� o >(/ Please check one - Is the property !� abstract or torrens? (for Conditional Pse Applications only) Please attach legal description to application if not included on required survey. -------------------- -------------------------------------------------------- APPLICANT Name Sohn 0. bi r%� Phone Mailing Address i0 LA.)a_4�c �u-.,.� Ek C, --------------------- --------------------- -------------------------------- a OWL Name /"�1 '!f,.4 �'" c/ /��'} ' t� j Phone J/ - �`!f ►07 Mailing 1 'dress fl Date Property Acquired /'/1(, (month/year) I (do) (da not) also own the adjacent parcels of land. --------------------------------------------------------------------------- !!RB - CONDITIONAL USE PERMITS $100.00 a) Residential accessory Use $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 Vacation $250.00 Rezoning $100.00 Appeals Other - see fee schedule PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) ---------------------- ------------------------------------------------------ DESCRIPTION OF REQUEST Descrite request in detail: ------------------------------------------------------------------------------- RBQUIRBD SUBMITTALS 1. Completed Application Form. 2. Certif ied Property Owners List of owners %% thin 350' ( you can obtain this list f. rom Hennepin County Department of Finance A-603 Covernmer.t Center 348-3271) 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plans, if applicable. 6. Plat Map. ------------------_...------------------------------------------------------ The Applicant and Property Owner must sign this application. Please remember that your application is riot complete if the above information has not been included. ---------------------------------------------------------------------------------- APPLICAB'T'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to,.)ay 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 hi..�/her knowledge. Applicant's signature OWERS SIGNATURE Date e The owner hereby acknowledges and agrees to this application and further authorises reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this ritquest.. 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 onthe third Monday of each month. ul STATE OF MINNESO`I'A ) COUNTY OF HENNEPIN CITY OF ORONO ) I, Amy Klaers, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning #980 andC�9�82 was mailed to the attached list of property of owners on October 85. In Witness Whereof , I have hereunto set my hand and seal on this fourth day of october. Amy Klaers NU nu[ ����.alMrt�ekl ifM r'4vm lineal Aft,,, heject skis sArn.x:Y roe s[tstyly tennis Puttbc wearier p 1. 1 Hr`d-NOusi 1275 !) No gel. ourt 1 Row South 8tryw! Y ��' Form M�� South Blown R G'_•ber7 Af 21, 1gA3 On the reed on �tOf'�f' October settwk vsr ad uon largos rf�7tNsf for ISA:gene, GI 982 use maflM OI tM fo0—V ism � �1+0►w C Lvrlhln 3,rn U1%' Shore,,* flogat 1) fait --mWi, a to p L.oYr Use L1eTNr A*'v345 ah am varle W to PA awrtt 3-W - of pi f'a^ OOnfVrirWe Ar r 2) No Y72—� w OOps awe MwtA t� P��tyrtan bedr Qr*6 r�rtre ►fardover eh" Wlesho 1 OW - fo Per" cotl0l"W"orl Hoed Vrtryp b War Fern �n.frtrct �� Mru�ra r of s haw —� r� ( does 3' No •7 � ^or 8owclaik 4106 Wtte�p� fa propor+od angtW ~1i1 A J677 Lyric �qWftreadwco f>,tra e 2 Lyra- No a�a11r1oaa Mw.�ethe f)rlve °' "ovowle 2010 C-1100no UseKotrMh So/ 6 Ly►ebyoK6 ^wowri � v to PWW." fen,:, t" of the ' 'Pat Peet M A M11s tww WrNhn�gjonvynMls we d�MtuM OftsusMsbls ed Pb Road�Sift r it .' 1404 +�klttr Pro for review, 11 the City C) fk,,a8 ft c rlarlab%x 1 76 to «and "Pb ees to +dw" • Gfy of oral, �. Katy grtaySO? �2803 OIL. Pberrq Caenrrya� i r , , c.Nyy stroohme that tk w riot aohtatiW goon a tot �) eow Jswww A fin zol" No 9: p___oortiy p 4ip►�lrsrf Ab�Yyr or h Tti Laker e ase) DIA-9-0 AUWA(1 off lI Affidavit of Publication State of Minnesota. County of Hennepin Bill Holm, being duly sworn, on oath says that tie :s an authorized agent and empicyee of the publisher of the newspaper known as THE LAKER, Mound, Min- nesota, and has full knowledge of the facts which are stated below: A ) The newspaper has complied with all the re- quirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A 02, 331A.07, and other applicable laws, as amended. B ) The printed r -*CKAY L AJ©rfG'T which is attached was cut from the cot,l-,as of said newspaper. and as printed and published once each week for 7 successive weeks. It was first published Tuesday, the d day of a6-1- • , 19 and was thereafter printed and published every Tuesday, to and including Tuesday, the day of it ] Authorized Agent Subscribed and sworn to me on this J day of lay /�" .� • �1-P_-�-�c.c .t-+'� Notary Public Rwte M/antwetFs l (1) (,Awet.1 + iusrhed roes pad by cornmwcW users f.7r corFgW bee so* a $6 Ho pr bK" '! Mammum rate, aNvwed by Rev too above nertte► $4 13 pot m p N,1!r• ar. tthoy , herynd tov atx)ve ,getter tit 0 parr -%.h t ?wh a[iitwNW10 wo'. essrve Veek $2 " PW +v h /30.i[t•�{l14v, l`a�e�cc, 4M444.4 & 444OC Cd, JNC. K A eaA 4 Uvula Yf (M. G Irrwn�...�. P E I h. t: lvorn' P E Rahn W P.. ' P I Ra Mrl W I.nn.. P.L. lwelM t' Aarkrld, PI Rnbr, G AAwrAt. I L - 2,!!S W.I. '1...wii .# 06 -9 ./6�`=-------��.�---- I.al/ard A I.. br # P I hoo' a f. Sae.W. P L_ �. P fi�r.aa s5/is RaMrd t. Tw•.er. P t o..oll C. A✓M./r. P E Ja.wer C t' E Aeee1 A Rrwdea. P. E. P"r.. 6t2 - 636-e600 : r"- MWA A Naa.aa. P L J I I a feu A tWQ, P I rpm14 T Raa.wmaa POWO a. ryry/e.k. P L O. Looew. P w S Citric A.Lw wOctober 31, 1985 F UF�(ic`v City of Orono Box 66 Crystal Bay, MN 55323 Attn: Jeanne Mabusth Re: Our File No. 139-980 Keavenv Our File No. 139-982 Lambin Dear ,eaone- Enclosed please find the preliminary plan for the thicken Joint Restaurant. We have shown recommended changes on the plan. The County is requesting additional right-of-wa;i as shorn on ttie ;,.an. We would recommend that the right-of-way be pruvided by the owner. The bitumi- nous curb should he placed as shown which will minimize future disruption of the proper-y when County Road 15 is upgraded. If you have any qu,stions, please contact this office. Yours very truly, BONESTROO, ROSENF, ANDERLIK 6 ASSOCIATES, INC. Glenn R. Cook GRC:b• e Encl. 112H k To. Jeanne f- Mabust.h, Zoning Administrator From; !-homas J. Jacobs, Senior Buiiding Inspector. Date: October 10, 1985 Subject: #982 John Lambi_n, 3405 Shoreline Drive - Commercial Site Pi,n Review As per your. request I have reviewed this project for items as follows: 1. Sprinkler system per Appendix F. - maximum square feet 1563 s.f. Pcrr Appendix E, sprinkler system required at 2000 s.f. or more. Sprinklers not required at this time. 2. Fireianes - see attached drawings. Fire lanes should be pasted along front of building (north) and west side of building. This will provide adequate access by fire depart- ment personal. To eliminate any fire lanes, fire sprinklfr system must be installed. 3. Hyr'raunt locutions - one hydraunt is about 100' from the east side of the building - two other exist which will cover the b,_,,j.lding, possibly will need to relay pumps with fire engine. 4. SAC Charges - 1 SAC charge exists with the building. The formula for fast food restaurants is: 1 SAC per 22 seats The proposed seating is 2.8 seats thus only 1 SAC is required for the building and it is already paid. 5. Sewer and water assessments have all been paid. 6. Building - buildinq is structurally aound - must submit. plans for building permit and also get Hennepin County Hea..th Dt,partment approval. Maximum square feet 1563 - any additions to the structure must not. exceed 2000 s.f. without installation of (fire) sprinkler system. w• lzt-, pl..., 4 k � �,OPO'6- -,44 .44�1,1- • C-1 0-11, '-Vol— wm ' `.fir �• ' ^ | ' `` E: C.' L -`''A DEPARTMENT OF TRANSPORTATION 320 Washington Av. South HENNEPIN Hopkins, Minnesora 55343-8468 Ll Ll 9 5-3381 TTY 935-6433 Octobi-r ,'1 , 1985 Ms. Jeane A. Mabusth Zoning Administrator City of Or no P. 0. Box t Crystal Bay, MN 55323 Dear Ms. Mabusth : fly . XT 24 IgBa RE: Proposed Site Plan - "John C. Lambin - Commercial Site Plan" CSAH 15, S.W. Quadrant of Kelly Drive Section 20, Township 117, Range 23 Hennepin County Plat No. 1340 Review and Recommendations We reviewed the abovt: site plan and make tile; : ollow.ing recommezr.datifl.r2: - If the additional right of way requested along CSAH 15 in the Richarc Keaveny Addition review was not dedicated, the developer should dedicate tt additional right of way shown on Att achmenL 1. This right of way i s basea on the Hennepin County layout, dated 8-27-84 for the improvement of CAH 15 in this area. This layout was approved by the City of Orono. - The access from CSAI; 1`, should be constructed 24 feet wide and be separated at CSAH 15 from the access directly to the rest. These driveways must not be constructed as one opening. - No other direct access from this site onto CSAH 15 will be allowed 1.y Hennepin County. - Any new access onto a county road, a revision to an existing access, or a c:.ange in land use requires an approved Hennepin County entrance ;permit before beginning any construction. Sere our Maintenance Division for e:,tran(. a permit forms. - All proposed con ''.ruction within County right of way requires an approved utility permit prior to beginning construction. This includes, but is not limited to, drainage and utility oonstruction, trail development, and landacaping. See our Maintenance Division for utility permit :'orms. HENNEPIN COUr\!TY on equal opportwrth tmployer _2- - The developer must restore all :real during constructica within. County right of way. Please .'UrecJ any response or que:tions to Lea Weigelt. Sincerely, David W. Schmidt, P.E. Traffic and Transiortation Planning DWSILDDW :mr^ Pam,,, ��;r,�c ir- 6 -des ��� �v - � S /�q City of ORONO IING RESOLUTION OF THE CITY COUNCIL�1G5 NO. °flu A RESOLUTION DENYING AFTER —THE —FACT VARIANCES TO MUNICIPAL 'ZONING CODE SECTION 10.22, SUBDIVISION 1 AND SECTION 10.03, SUBDIVISION 16 AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 5 FILE i986 WHEREAS, George F. Rovegno (hereinafter "the applicant") is the owner of the property located at 2010 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: Ali that part of the Northeast quarter of the Southwest quarter and Government Lot 3, Section 10, Township 117 North, Range 23 west. of the 5th Prinicipal Meridian, described as follows: Commencing at the Southwest corner of Lot 6 of Elbridge S. Barnes' First Subdivision in Section 10, Township 117, Range 23; thence Southeasterly along the Southerly line of. said Lot 6 a distance of 295.08 feet to a point, said point being the true point, of beginning of the property being described; thence deflecting right at an angle of 90 degrees to a point in a line, said line being parallel with and 207.06 feet distant from the Southerly line of aforesaid Lot 6; thence Southeasterly along said parallel line to the shoreline of Lake Minnetonka; thence Northeasterly along said shoreline to its intersection with the Southerly line of aforesaid I.ot 6; theme Northwesterly along said Southerly line to the true point of beginning; EXCEPT that part of the Northeast quarter of the Southwest quarter and Government Lot 3 of Section 10, Township 117 North, Range 23 West of the 5th Principal Meridian, descrit:ed as follows: Commencing at a paint on the Southerly line of Lot 6 of Elbridge S. Barnes' First Sub- division in Section 1.0, Township 1.17, Range 23, d' cstant. 295.08 feet Southeasterly from the Southwest corner thereof.; thence Southwesterly at right angles from said Southerly line 30 feet to the Southwesterly right-of-way line of Central Avenue, said point being the point of beginning of the property being described thence continuing Southwesterly at right angles from said Southerly line 102.31 feet; thence deflecting left 90 degrees a distance of 50 feet.; thence deflecting left 90 degrees a listance of 102.31 feet to said Southwesterly right-of-way line; thence Northwesterly to the point of beginning (hort:inaftrr "pr:-�perty"); and pel (7e ? r) f 7 City , c �f' ORONO k. � RESOLUTION OF THE CITy COUNCIL NO. WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1 to permit a five foot high fence within approximately 35 feet of the lakeshore where only a three and one half foot high fence is allowed, and a valiance to Municipal 'boning Code Section 10.03, Subdivision 16 to permit a fence five feet in height within 30 feet of the intersection of County Road 15 (Shoreline Drive) and a public lake access to SmitiAs Bay where only a 3 foot high fence is allowed, and a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (A) to permit construction of an accessory structure on a property that is unable to sustain a principal structure; and WHEREAS, per Section 10.03, Subdivision 5 the City must approve a conditional use permit in conjunction with the granting of a variance to Section 10.03, Subdivision 9 (A) as the proposed accessory structure and use of the property is to be recognized as a iegai non -conforming use. WHEREAS, the City Council of Orono (hereinafter "Council") has reviewed the findings of the Planning Commission and the City staff and the written and oral comments of the applicant. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denie!; the variance application of George F. Rovegno as proposed fused on one or more of the following findings: F _ M) l NGS 1. This application was reviewed as Zoning File 1986. 2. The property is located in the LR-1A Single Family Lakeshore Residential Zoning District and a portion of the propel ty abutts the Lakeshore of Lake Minnet� nka. 3. Per Section 10.03, Subdivision 6 (R) - Combination of Separated Parcels Prohibited. No lot or parcel of land which is divided by a public, private or platted road or road easement, which results in any segment thereof being less than the minimum acreage required for that zoning district, shall he allowed to be combined with any separated parcel of land across the road for purposes of qualifying under the minimum acreage, open spare, required yard, setback or sanitary or septic system requirements, nor shall buildinc( or density credits be creditel or transferred between Duch pArcels under any provisions of this Chapter. Page 2 of 7 L7 City of OR, )NO RESO:OTION OF THE CITY COUNCIL NO. Each separate parcel must individually conform to the provisions of this Chapter in connection with construction of improvements thereon. The property is divided by a Hennepin County road easement. The lakeshore portion of the property cannot satisfy the LR- lA zoning district standards and could not sustain a principal structure. 4. The five foot high fence as been placed at the inter- section of a public lake access and a County road. The access is used during the winter months from December 1st through March 1st. 5. The five foot high fence placed 20 feet from the center- line of the County road running approximately 200 feet along the edge of the 40 foot road easement creates a serious sighting problem and endangers users of .se the access and the County road. G. Properties like the applicant applicant's neighbors cr the many lakeshore properties along County Road 15, 19 or Crystal Bay Road are unique and would require special con- sideration through a variance review or proposed zoning amendment. 7. The applicant cl.airrs he is iimi.ted in the use of his residential lakeshore property because of the locution of the public access and the adjacent commercial properties. These uses exist today as they did when the applicant purchased the property. S. The City has agreed to construct a fence consisting of posts with a guard rail along the south side of the public access in order to deter the trespassers from �:ie public access. 9. The applicant claims that a five foot high privacy fence is required at the present location to provide much needed privacy for him and his family. The City staff has asked the applicant. to consider the use of a cabanna withn his dock area but applicant has refused this approach to solving privacy needs. Paye 3 of 7 City of ORONO RESOLUTION OF THE CITY COUNC" NO. 10. The City has staked a li. ;arallel to the shoreline out of the required visi' city distance from the intersection and asked the applicant to relocate the 200'4/- of fence at the legal 3 1/2 feet height but the applicant declined. 11. The Planning Commission asked the applicant to reduce the length of the 200'+/- fence and to specify the boundaries or limits of the lakeshore area that required privacy screening. '"he applicant refused to reduce the length of the fence. 12. In an agreement g"llated December 18, 1984 between the Hennepin County Board ine. the applicant a section entitled General advises the following: "Any new construction on any of the above easement areas shall confor 1 to any applicable laws, regulations and or.dina.ic:�s including the obligation. to submit constructi.o.-i plans to the City of rl-..no for its approval." The applicant claims th. Zoning Administrator tha fence along -che Cour ty i his prop( Tt is sta t, sight 4' i privacy fc roadways even thou(lh per the safety factor. he received confirmation from the tie could legally erect a privacy ,ad within the lakeshore portion of dard procedure for the Orono staff ice locations placed along County its may not be required because of. 1.3. The plig.,c of the applicant is due to circumstances created by the applicant. 14. To approve variances for a privacy fence at the present location and at the proposed height would establish a negative precedent in the review of similar applications. 15. The applicant claims the fence provides protection for his lakeshore property from vandalism. The five foot high privacy fence may, in fact, serve to hide vandals from the view of adjacent neighbors and the police. 16. The privacy sought by the applicant can be achieved with a reasonable use of fencing or natural plantings. Page 4 of 7 City of ORONO RESOLUTION OF THE CITY COUNCII. NO. 17. The City Council finds that granting a condi.tiocaI use permit and variance for an accessory structure to allow a privacy fence 2 inches in excess of the code at the existing location would not be detrimental to the health, safety or general welfare of the public, would not adversely affect light air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the 'Zoning Code and Corr,• rehensive Plan of the City. FURTHERMORE, BE IT RES.',VRD that the Council hereby denies the after -the -fact varianc:s sought by applicant and ap- proves a conditional use permit per Municipal Zoning Code Section 10.03, - ubdivision 5 and a ariance per Section 10.03, Sub- divi,. 9 (A) to permit are accessory structure, 2 inches in excesb of the code, at the present location on a propery that cannot sustain a principal structure subject to the following conditions: 1. Existing fence to be altered so that structure does riot. exceed 2 inches over the code requirement measured from existing grade at the existirr- °^n location. 2. Per Section 10.03, Subd. nct exceed 3 feet or 36 inc, measured from the i.ntersectic. pubilc access. n 1.6 the structure shall r a _stance of 30 feet !..)reline Drive and the 3. The applicant must_ complete Lne required alteration of the existing privacy fence by November 22, 1985. 4. Violation of or nnn-compliance . th any of the terms an.--'.. conditions of this resolution shall constitute a violation of the Zoning code, shall automatically terminate any aut',.ority granted herein, and stall be punishable as a mi r ,meanor. . 5. The undersigned applicant has re,.d, u, x stood and here- by agrees to the terms of this resolutio and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recordinq of this resolution in the chain of title of the property. Page 5 of 7 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. Adcpted br the Orono City Council on this 12th day of Nc•vembe r , 1985. ATTEST: Dorothy M. Hallin City Clerk Mary C. Butler, Mayor Property Owner City o: 0. SON RESOLUTION OF THE CITY COUNC'! NO. A.TE O: "TNNE; OTA ) ) ss. COUNTY OF HENNEPIN ) On this _ _ day of _ , 1985 before me a Notary Public within and for said county, persc.).ally appeared _ knuwi, to me to be the persor,(s) described in ano who executed the foregoing ii.strument, ar,: ackno-vledged that he (they) executed the me as } z s (-heir) free act and deed. MY COMMISSION rXPIr<ES TATY 'W MINNESWA ) )ss. �'OUNTY OF HEV.NEPIN ) On this, da, obefore me a Not n y Pu} ' a .id for sa i d Coui` s �.ppeared _ _ _ :,, �e t h e prr''>� s) ;rI -ri ano—� - Yet -uteri tit: ro ? ns t t ument, arnr ack^owicdgec ci+-.. tt :, i execaci , C same as his (their) f~F act :.n,3 de.e.3. N NARY ;,!'"IMC W, ('OMMISST' N EXPl.if rige 7 of 7 r, R.Word A. I e'nAe.t, P t II' Rn ha'd t 7 —mr, P E /nnn ( (Mon. PE. P�•�•• 6f2 - 636-41 � October 4, 1985 City of Orono Box 66 CrystFl Bay, MN 55323 Attn: Mr. Jahn i;erhardmon Re: File No. 925 T.H. 12 Sanitary Sewer Repair b !'itch Grading. Dear John, (i7rnn R CooA. PE. Ae.(A A Gwdw, PE TAunw t .4i!rn. P E. Ru Aawd A ,II'M. PE. Rolwrr G_ SrhrnrAt. P.E. D.neld C tlrrprd(. P E. Jerry A Imwdon, P.E AfNA A Nwsoa. P P. Ted A" IS P t A/rhaM T. Rerr.nann. P.E Roam R. Pfefwtr. P.E. iAerfd O. La otv. P E c' ',a 4. &kkwa N A..fu. error. M. Mon %ncic-ed pleas'Ile al estimate for th,� i'.H. 12 Sanitary Sewer Repair and Ditch Grad ect The project aas be dtisfactorily completed and we recommend f� ,►ment be made. Please return ont copy of the signed fine. request to this office after alJ- prova 1 . Yours very trul;•, BONE:S'I'ROO, ROSENE, ANDERLIK 3 ASSOCIATES, ; N,::. inn R. Cook i' R _'.: 1 i REQUEST FOR PAYMENT DATE:: September 30. 1985 FOR PERIOD: PLACE: Orono Minnesota From: Dec. 1, 1984 To Sept. 27, 1985 PRU,:tCT. Trunk Highway 12 Sanitary Sewer Repair 6 Ditch Grading PROJECT NO.: FILE NO.. 13925 SFECIFIED CONTRACT CONTRACTOR: F. F. Jedlicki, Inc. i A .OMPLETION DATE: November 9, 1984 ADDRESS: 14203 W. 62nd Street. Eden Prairie, Minnesota 55344 REQUEST FOR PAYKFNT NO.: Ind S Final SUM ARY : 1. Original Contract Amounr 2. Change Order - ADDITION $ 3. Change Order - DEDUCTION $ 4. Revised Contract Amount 5. Value Completed to Date 6. Material on Hand 7. Amount Earned 8. Less Retainage U X 9. Sub -Tot -,.I 10. Less Amount laid 1-reviously 11. AMOUNT DUE THIS REQUEST FOR PAYMe.NT NO.: 2-id b Final `�WNr,R A P P R,)VA, (. By 13,050.00 $ 13,050.00 $ 12,900.00 $ 0.00 3 12#900.00 $ 0.00 $ 12,900.00 $ 11,685.0.0 $ 1,215.00 Approved By: 1 ;TR(,K), ROSENE, ANDERLIK S ASbuCIATES, 14C. B y :_;2 : - R )ate Approved By' F F. Jedlicki, Inc. Contractor B y : 45l2c Project: Trunk Sanitary Sewer 6 Ditch Grading _ Orono Minnesota Contractor: F. F. Jedlicki, Inc. Contract Item STATEMENT OF WORK Unit Unit Price Payment No: 2nd b Final File No: 13925 Date: Sept. 30, 1985 Est'd Quantity Amount Quantity To Date To Date SEWER REPAIR b DITCH GRADING Clear and grub L.S. $800.00 L.S. Ditch grading C.Y. 4.00 1,300 Replace 10' of 10" truss pipe `etween MH 9 and AH 10 as per details L.S. 6,000.00 L.S. Seeding w/ .xture 7), mulch and a" L„psoil Ac. 1,500.00 1.5 TOTAL WORK COMPLETED '1v DATE.... L.S. $800.00 1,000 4,000.00 L.S. 6,000.00 1.4 2,ICC.JO $12,900.00 Ok l NTEETIHG / REQUEST FOR PAYMEN-r DATE: Novem:oer 4, 1985 PLACE: Orono, Minnesota PROJECT: Sanitary Sever Improvements Crystal Bay PROJECT NO.: 13918 FILE NO.: 13918 CONTRACTOR: A.R.I. Contracting, Tnc. ADDRESS: P.O. Box 706 Eveleth, Minnesota 55734 REQUEST FOR PAYMENT NO.. 4 SUMMARY: 1. Original Contract Amount 2. Change Order - ADDITION 3. Change Order - DEDUCTION 4. Revised Contract Amount 5. Value Completed to Dote 6. Material on Hand 7. Amount Earned S. Less Reta._iage 5 % S 7,519.00 S 9. Sub -Total 10. Laos Amount Paid Ptieviously 11. AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: .OWNER APPROVAL.: By Date: 4 i' z ? 1?65 FOR PERIOD: From:Sept. 30, 1985To Oct. 31, 1985 CCkPLETION DATE: October 15, 1985 (Dec. 15, 1985) Bituminous Wear Surfacing June 15, 1986 $ 691,587.65 $ 699,106.65 $ 520,423.61 $ 0.00 $ 520,423.61 $ 26,021.18 $ 494,402.43 $ 372.671.36 $ 121.731.07 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIR 6 ASSOCIATES, INC. By . Approved By: A.K.I. Contractin` Inc. Contractor 7650c B .' : Project: Sanitary Sewer Improvements - Crystal Bay Orono, Minnesota _ Contractor: A.R.I. Contracting, Inc. Contract Item PART I - SANITAPv gEWER 8" PVC, 0'-8' dp. in pl. 8" PVC, 8'-10' dp. in pl. 8" PVC, 10'-12' dp. in pl. 8" PVC, 12'-14' dp. in pl. 8" PVC, 14'-16' dp. in pl. 8" PVC, 16'-18' dp. in pl. 8" PVC, 18'-20' dp. in pl. 8" PVC, 20'-22' dp. in pl. 8" PVC, 22'-24' dp. in pl. 8" PVC, 24'-26' dp. in pl.. 8" PVC, 26'-28' dp. in pl. 8" PVC, 28'-30' dp. in pl. 8" DIP in place Std. MN 8' deep, 4' dia., w/16425 casting MH depth greeter than 8' deep otitsIde i ieer for drop sect.iMn 8" x 4" PVC service wye branch 4" CISP service pipe in place c" DLP service pipe in place 4" CISP service riber pipe in pl. STATEMENT OF WORK Unit Unit Price Payment No: 4 File No: 13918 Date.: Nov. 4, 1985 Est'd Quantity Amount Quantity,To Date To Date L.F. $16.62 270 182 L.F. 17.48 1,000 683 L.F. 19.04 1,850 2,687 L.F. 22.10 950 377 L.F. 25.67 450 356 L.F. 30.58 325 326 L.F. 36.49 565 488 L.F. 44.56 1,100 996 L.F. 52.26 450 445 L.F. 63.31 475 210 G.F. 82.11 325 314 L.F. 125.61 140 7.28 L.F. 16.00 30 25 Ea. 800.00 33 33 L.F. 55.00 240 242.1 L.F. 80.00 61 63.3 Ea. 75.50 85 85 L.F. 9.50 2,500 2,10'_> L F. 15.00 16 L.F. 10.50 210 298 PAgt• 1. 1650c Project: Sanitary Sewer Improvements --Crystal Bey Orono, Minnesota Contractor: A.R.I. Contracting, Inc. Contract Item PART I - SANITARY SEWER - CONT'D Service line cleanout Jack or auger 6" CISP incl. casing under Co.Rd. #15 Jack or auger 8" DIP 6 casing in pl. 6" DIP force main in place DIP fittings in pace Rock stabilisation (3/4" minus) Mechanical trench compaction STATEMENT OF WORK unit Unit Price Payment No: 4 File No: 13918 Date! Nov. 4, 1985 Est'd Quantity Amount Quantity To Date To Date Ea. $130.00 9 3 $390.00 L.F. 175.00 511, L.P. 175.00 '_30 130 22,750.00 L.T. 13.00 65 40 520.00 Lbs. 1.30 300 190 247.00 T. 8.75 2,500 1,466.49 12,831.79 L.P. 0.31 10,500 9,172 2,843.32 TOTAL PART I - SANITARY SEWER..... $361,030.37 PART II - STREET GRADING. SURFACING A RESTORATION Common excavation C.Y. bituminous surfacing removal S.Y. Cl. 5 aggregate base(1002 crushed ) T. 2341 bituminous wearing surface T. 2' " bituminous binder T. 2.341 bituminous leveling course T. AC-1 bituminous material for mixture T. bitusinus material for tack coat Galf. 2341 bitum. street b driveway patching T. Concrete driveway pavement w/66/1010 wire mesh S.Y. Page 2. 7650c $2.50 5,000 4.223 $10,557.50 0.75 10,000 9,254 6.940.50 8.15 5,500 4,962.21 40,442.01 15.15 1,100 14.95 1.100 16.40 200 211.00 140 1.55 500 46.50 150 27.00 120 Project: Sanitary Sewer In1)rovement.a - Crydtul Bay Orono, Minnesota �,- Contractor: A.R.I. Contracting, inc. Kiymettit Nu: 4 File No: 11918 Date: Nov. 4. 1985 STATEMENT OF WORK Unit Est'd Quantity Amount Contract Item unit Pri a (uantity To Date To Date PART II - STREET GRADING SURFACING b RESTORATION - CON'r'11 "Graas paver" concrete grid S.Y. $33.00 .36 Clear and grub trees En. 75.00 145 Remove culverts L.F. 6.00 120 12" RCP, Class 5, culverts in pl. L.F. 15.00 115 Remove and transplant trees Ea. 54.00 150 Remove and tran4plant shrubs I..F. 8.5U 1,200 3" sugar maple, B b B Ea. 275.00 15 Colorado green spruce 6'high, B 6 B Ea. 180.00 15 Sod with 3" topsoil S.Y. 2.30 2,500 Seeding, Cl. 5, w/3" topeo,l, fertilizer 6 mulch Ac. 4,600.00 19.0 Siltation erosion control fence, Mirsti "�;nvirafence",or appi.ived equal L.F. 2.15 300 Standard 2' a 3' CB v/R-3067 cstg. in pl. er. 575.00 2 11" RCP flared end set. ti-o Ea. 205.00 4 tip rap C.Y. 28.00 10 Filter blanket C.Y. 17.50 5 TOTAL PART I - STREFT GRADING, SURFACING:: 6 RES'rORATION..... PART I I I - I.I !rT su r i oN CoOstruct wastewater pumping statiou, including precast concrete structure, equipment, piping, site work and electrical work 241 60 107 8 318 $18,075.00 360.00 1,605.00 432.00 2,703.00 5.0 23,000.00 38 81.70 2 10 5 L.S. 51.700.00 L.S. 901 TOTAL PART III - L7. t' rTATON..... 1,150.00 410.00 280.00 87.50 $106,124.21 $46,530.00 $46,530.00 Page 1. 1titi0� Project: Sanitary Sewer Improvements - Crystal bay Orono. Minnesota Contractor: A.R.I. Contracting, Inc. Contract Item CHANGE ORDER NO. 1 Lift Station Relocation CHANGE ORDER NO. 3 Granular Fill (Pit Run) STATEMENT OF WORK Payment No: 4 File No: 13918 Date: Nnv. 4, 1985 Unit Est'd Quantity Amount Unit _ Price Quantity To Date To Date L.S. $5,000.00 L.S. L.S. $5.000.00, TOTAL CHANGE ORDER NO. 1 - ADD..... $5,000.w Ton $4.58 550 379.7 $1,739.03 Total CHANGE ORDER NO. 3 - ADD..... $1,739.03 TOTAL PART I - SANIT "Y SEWER $361,030.37 TOTAL PART II - STREET GRADING, SURFACING i RESTORATION 106,124.21 TOTAL PART I1. - LIFT STAION 46,530.00 TOTAL CHANGE ORDER NO 1 5,000.00 TOTAL CHANGE ORDER NO 2 VOIDED 0.00 TOTAL CHANGE ORDER NO 3 1,739.03 TOTAL WORK COMPLETED TO DATE....... $520,423.61 Page 4. 7650c It' 71 REQUES'r FOR PA.YMENr DATE: November 4, 1985 FOR PERIOD: PLACE: Orono, Minnesota From: Oct. 1, 19:5 To —Oct. 31, 1985 PROJECT:WEiIuw Drive Overlay -Old Crystal Bay Rd. Overlay SPECIFIED CONT R.ACT PROJECT NO.:MSAP 152-101-07,152-102-08 FILE NO.: 13922 COMPLETION DATE: CONTRACTOR: Wm. Mueller 6 Sons, Inc. October 5, 1985 ADDRESS: 831 Park Ave. Hamburg, Mn. 55339 RE ,UEST FOR PAYMENT NO.: 1 SUMMARY: 1. Original Contract A._,unt 2. Change order - ADDITION 3. Change Order - DEDUCTION 4. Revised Contract Amount 5. Value Completed to Date 6. Material on Hand 7. Amount Earned 8. Lase Retainage 5 % $ 9. Sub -Total 10. ' °•9s Amount Paid Prev.ously 11. ftMOUNT DUE THIS R-JUEST FOR PAYMENT NO.. 1 OWNEe APH't' !'y� $ 232,826.74 $ 232,826.74 $ ' $ ,920.50 0.00 $ 31,920.50 $ 1,596.03 $ 30, 324.47 r- $ 0.00 $ �.� 30-�4.47 Recoaseended for Approval by: BONESTROO, ROSENE, ANDERLIK i ASSOCIATES, INC. (�Htc App►oved By: Win. Mueller 4 Sons, Inc. Contractor By: Project: Willow Ur. Overlay, Old Crystal Ray Rd. Overldy Orono, Mn. MSAP 152-101-07, 152-102-08 Contractor: Wm. Mueller b Sons, Inc. STATEMENT OF WORk Unit Item No. Contract Item Unit Price PART I - WILLOW DRIVE OVERLAY - MSAP 152-E01-n7. 2104.505 Remove bituminous pavement S.Y. 2104.521 Salvage pipe culvert L.F. 2.00 2212.501 Aggregate base, C1. 5 (100% crushed) T. 9.10 2212.501 Aggregate base, Cl. ". (100% crushed) for 4t iveways T'. 9,1c 2231.501 Bituminous patching mixture T. 55.00 2231.50; Joint and crack filler Lbs. 0.90 0231.601 Roadglaas reinfor aent (Deo ' g-1 SP-0 S. i'. , .70 2331.504 Bit j. mat'l for mixture :`. :00.00 2331.504 reling course mix' I T. 10.30 2341.504 Uiium. mat'l for ..i! P T. 200.00 234'.508 Wearia& course mixture T. 10.3U 2357.502 Bitum. mat'l for tack coat Gals. 0.90 2501.511 12" ('M., pipe culvert (IL gauge) L.F. 24.(%C 7501.511 15" CMP pile culvect (14 gauge.) L.F. 26.UO 2501.511 ,5" CMP pipe culvert .7 gauge) L.F. 25.00 2503.571 Install pipe c-ilvert (Design SP-2) L.F. 1b.JO Page 1, 0263d Payment No: 1 F'i)e Nu: 13922 11aLe : Nov. 4, 1985 Leta quantity AaiounL Quantity To Date To Data 1 r 150 150 150 900 2,500 8 250 153 2, 5' .) 1,500 85 $340.00 341.5 683.00 1710 1,163.00 94 2,690 60 60 64 60 2. 's 34 i .5 5,170. 4,573. 6.147.0( Projecr: Willow Ur. Overlay, Old Cryytf+l Bay Rd. 0v�r12a Pa-ment No: 1 Orono, Mn. MSAP 152-101-074M-102-08 File P): 13922 Contractor' am. Mueller 6 S.. • , Inc. - !),:t(-: Nov. 4, 1985 _ STA'rF.MF.'1'r OF WORK Unit Eat'd ntity Amount Item No. Contract Item Unit Price Date To Date PART I - WILLOW DRIVE OVERLAY - MSAP 152-10'-07 COIT", 2554.501 Tra.fic harrier Dep. A-8307 L.F. $18.00 257S.505 ',-)d with 3" topeoii S.Y. 2.80 500 0564.603 4"• wide br--en line, Yellow -inL L.F. 0.0`l 6,630 0564.603 4" wide solid line, white paint L.F. 0.051 13,260 0564.603 4" wide solid lir-, yellow psi t L.F. 0.01.1 6,000 TOTAL PART I.,. $19,760.00 PART II - CLD CRYSTAL BAY ROAD OVEHI'Y - MSAP 151-102-08 2101.502 ..caring Ea. $35.00 40 30 $1,''50.00 2,01.507 Grubbing Ea. 35:00 30 !,050.00 2104.505 Remove bituminoiis pe\emvn� S.Y. 4.0C: 5U 47 188.00 2104.521 Salvage pipr Ivert L.7. 1.11,3 160 138 276.00 2105.501 Ditch excavatiotl C.Y. 3.50 ,5�� 925 3,_37.50 2105.525 Topsail ' rrow C.Y. 14.00 600 2112.501 S-it.)grade preparation S.Y. i,70 4 2212.50` Aggregate boar, C1. 5 (IOCZ crucahe I r, 9.10 150 1212., 1 Aggregate ',ase Cl. 5 (1001 crushed) for driveway T. 9.10 5G 2271.501 Aggregate shoulderi:ig Cl. 5 (100% crushed) T. 9.10 1,11d 2211,501 Bitue. patching mixture Tf ").00 150 48 2,640.00 Vag .. U26'to Protect: Willow Dr. Overlay, 01t1 Cryrjt,rl Hay Rd. Ovr—t lay Orono, Mn. MSAP 157-101-07, 152-102-09 Contractor: Wm. Mueller 6 Sons, Inc. Payment No: 1 File No: 13922 [gate: Mov. 4, 1985 `17'ATF.MFN'r OF WORK Unit Ent'd Itex No. Contract Item Ur..it Price Quantity PART II - OLD CRYSTAL BAY ROAD OVERLAY - MSAF 152-102-08 - CONT'D 2231.507 Joint 6 crack filler Lts. $U.90 1,300 0231.601 RoadglasH reinforcement (Design SP-1) S.F. 1.70 3,700 2331.504 Bituw. mat'i for mixture T. 200.00 13 2331.504 Leveling course mrxture T. 10.30 250 2341.504 Bit:-rm. wat' i for mixture T. 200.00 155 2341.508 Binder course mixture T. 10.30 80 2341�508 Wearing course mixture T. 10.30 2,500 2357.502 Bitum. mat'l for tack coat Cols. 0.90 1,500 7501.511 12" CMP pipe culvert (14 gauge) L.F. 24.00 60 2501.511 15" GMP pipe culvert (14 Rouge) L.F. 26.00 60 2501.511 18" CMl' 1,,pe. ivvr L (14 gauge) L.P. 28.00 60 ^.501.511 24" CMP pipe culvert 14 gauge) L.P. 30.00 60 2503.571 1not.aII hrr,r rlverL (Design St'-2l L.F. 18.00 1d0 2511.501 Random rip rap, (,l. 11 C.Y. 45.00 6 2511.S1S Geotextile filter S.Y. 2.50 10 2535.501 Bituminous curb L.F. 2.00 400 2554.501 Traffic barrier Des. A-41)' L.F. 18.00 110 2575.501 Roado.de seeding A, 1`)0.0(1 3.5 Pb, 1, 026 3d Quantity Amount To Date To Date 11: $360.00 20 56U.00 138 : , 4d4.90 7 315. k1i Project: Willow Dr. Overlay, Old Crystal Ray Rd. Overlay Orono, Mn. MSAP 152-101-07, 152-102-08 Contractor: Wa. Mueller 6 Sons, Inc. STATEMENT OF WORK Payment No: 1 File No: 13922 Date: Nov. 4, 1985 Unit Est'd Quantity Amount Item No. Contract Item Unit - Price Quantity To Date To Date PART It - OLD CRYSTAL SAY ROAD OVERLAY - MSAP 152-102-08 - COIIT'D 2575.502 Seed, Mixture 5 Lbs. $3.00 210 2575.511 Mulch material, Type I T. 150.00 7 2575.519 Disc anchoring Ac. 150.00 3.5 2575.505 Sod with 3" topsoil S.Y. 2.80 S00 0564.603 4" wide broken line, yellow paint L.F. 0.051 9,950 0564.603 4" wide solid line, white paint L.F. 0.051 19,900 0564.603 4" wide solid line, yellow paint L.F. 0.051 10,000 TOTAL PART II..... $12.160.50 TOTAL PART L - WILLOW DRIVE OVERLAY $19, 760. 00 TOTAL PARE It - OLD CRYSTAL. BAY RD.OVERLAY 12.160.50 TOTAL WORK COMPLETED TO DATE....... $31,920.50 07!; id r NG TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator'"'-) DATE: November 6, 1985 SUBJECT: rake Minnetonka Use and Access Since our last m(­ating Metro Council has transmitted it's letter requesting testimony from each of the lake communities as an initiation point for it's Task Force work. ThQ questions as outlined are addressed on attachment A. (Additionally attached is an editorial from the Minneapolis Tribune from Monday, November 4, 1985, giving the Tribune's comments on the issue.) Final l y attached please find the memo that was presented to the Council at the last meeting. As you will recall from the last meeting Mayor Rascop from Shorewood, who is currently the L.M.C.D. Chairman, wi 11 be present it the meeting to request that Orono commit its parking slots tt�at were indicated as part: of the survey of the Lake Minnetonka Task Force report. Our review of those slots indicated that there is a total. of of slots within 1500 feet of the North Arm access.) RECOMMENDATION - 1. Council discuss the attached drafts and respunses to Metro Council's request for the November i3, 1985, meeting and amend as they please* any verbage in order to be able to present our portion at that meeting. 2. Review the recommendations and the attached staff memo from last meeting, keeping in mind that the recommendation does not necessarially call for additional public- access but for better geographic distribution of the access. Additional ly it would be recommended that any new access be limited to a certain size and poss P)ly horsepower of boats. PROPOSED MOTION - It was moved by , seconded by , that the Council direct staff to represent. it's interest-8---before the Metropolitan Council on the issue and the commitment of slots be contingent upon demonstrated access need and improved safety and distribution of activity. Aye's ^, Nays -_ 1 .4 TO: Mayor and City Countii FROM: Mark Bernhardson, City Acministratot DATE: October 1.3, 1985 SUBJECT: Lake Minnetonka Use and Access Attached you will find a memo regarding the summary of our September 23rd meeting together with recommendations relating to commitment of parking as it presently exists in the vicinity of the North Arm landing. We would like you to review the issues set forth in this cover memo together with the issues listed in the attached memo for discussion at our November 12th meeting. As you are aware the issue has again come to the forefront because of the acquisition option for a site in Minnetrista at the end of King's Point Road. UNR had evaluated a number of sites around the lake focusing principally on the south and west and it was their determination that this was the best site and had gone to the Governor's Executive Council meeting on October 2nd intending to get authority to go ahead and procure. The authority however was not granted because the Executive Council felt that it was appropriate to involve the Metro Council in the siting of such regional facilities. As you will note in the attachment the Council has laid out the process by which they wi 1 1 take a look at the ;s:;e. In order to promote the active involvement of the lake communities in this siting process, Bob Rascop, the Mayor of Shorewood and also the present Chair of L.M.C.D., held a meeting Tuesday, October 22, 1985, to discuss directions and means of input of the lake communities to this process. It was indicated that L.M.C.D. wi 1 1 develop issues and area.F to look at for surface water management ou the lake, however they felt it was appropriate that the communities each involve someone else apart from the L.M.C.D. representatives to explore the issues of land use as it relates to access siting. we will be communicating with our L.M.C.D. representative regarding this matter. One of the thrusts that L.M.C.D. is undertaking is a more actives role in securing the required slots felt by DNR in an of fort to forestall even further pressure for additional accesses around the lake. Mayor Rascop will be Present at our November 12th meeting to discuss the issue, as will 1oE'llen Hurr and possibly Senator Gen Olson. Additionally attached is a recent article from the Minneapolis Star avid Tribune regarding Lake Minnetonka access as seen by DNR, together with a list of sites the DNR has been e,xplcaring for posnible RECOMMrNDATION - It is rerommeride J that Council clir; .•u ;s any initial directiun that they want the City t�-) undertjke- in relationship to this prior to the November 12th meeting. :his rec-)mmended action would be to become actively involved in input to the Metro Council process regarding land use considerations for public access. (This may be- similar to some of the considerations and performance standards that the City has for commercial marinas.) Additionally it is requested that if you have any further thoughts or considerations regarding the matter that they be relayed to us prior to the Nov<-.mber 12th meeting. PROPOSED MOTION - It was moved by , seconded by , that the City Council direct staff to become actively involveS in the land use issues, considerations and identification of public access siting for the Metropolitan Council process at this point and that the balance of the issue be tabled until November 12, 1985, meeting. Aves , Nays TO: ,-?ay )r and City Counc i 1 f FROM: Mark Bernhar-,3son, City Administratu�lt DATE: Octcber 10, 1985 SUBJECT: LAKE MINNETONKA USE AND ACCESS The following represents some of the significant findings of discussion regarding rake Minnetonka at the Council's September 23, 1985, meeting. - Number of Users - The perception verses reality as to the number of boats and "source" was interesting in that according to :study done for DNR, the total number of persons using public access did not amount to more than 350 at any one time and was of ten down in the 100-200 range. The substantial number of users came from the marinas, although weekend use by abutting lakeshore access owners was up considerably both in numbers and percentae,e-, on the weekends as opposed to during the week. - Flow Problem to Public Access - The apparent problem in public accessesis not so much the parking and the convenient or inconvenience of the parking but from the free public access users standpoint (or intended users) is the actual time and convenience experienced in putting boats in and taking them out. To this extent the problem is not the parking spots that Everyone has focused on, but it is the number of ramp spots available for persons wanting to use the lake. - Total Lake Usage - The att•endent question then is if the flow through t_he ramps either public or private is increased does that significantly affect the total number of users that are on the lake. - Safety and Enforcement - Accidents and injuries on the lake are n.t necessarily u function of the absolute volume on the lake, with perhaps a higher correlation to abuses sucl, se as alcohol. - Jurisdiction - It was very apparent, couple ith information learned after that meeting that there is a clues ion of jurisdiction as it relates to: - Who his lake. - Who has - who is are they what authority to create regulat:i:)ns on the authority to enforce. doing the prosecution work and how effectively doing it. -Access Siting -- Presently the number of existing access t.itcs apart` tcnrn macin.I cl >c k��d boat.. and iakeshore access docked boats are As follows: - Free Sites - `) sites around the lake with 180 l),irkinj spots committed (another are "uncommitte(3" within 1IJ00 feet) - Private Marina Sites S sites, unkn,.)wn number of parking spots The related access issue is the extent- to which, if all sites both public and privately owned charged a fee for operation, if utilization of the existing private ramps would increase and thereby perhaps reducing the need for additional sites. - Requirement for Free Access - While the Department of Natural Resources has been -pushing Tor additional free access siter on the lake there is no specific statutory requirement that in acquiring sites that the ONR nor any other public agency has to make them available free of charge. - Metro Council Access Sites - As you are aware the Governor's Executive Committee has now involved the Metro Council in the siting of public facil it.•.3s on the take. ISSUES The following represent the major issues as they exist: Access sltts Numbers using lake Flow through accesses TOTAL USAGE - - Lake Access users - Commercial Marina - Off lake residents - Other access users SAFETY/f_!!FF Cf !ENT SOURCE - Funding - Expenditure - Sites - enforcement - State - County - Private/Users Users of lake communities Given the f4ct that most of the services provided are presently from either State or County funding there is a good chance that persona apart from th«, osors are bea ring the major portini, of those expenses. 2 SAFE'ry /i SSUE - Jurisdiction - Enforcement - Sheriff - Prosecution RECOMMENDATIONS -The following represent recommendations regarding various issues in front of the Council for both present and future consideration. 1. North Shore Drive - It is recommended that: a.) Staft work with residents to continuc to monitor the problems that are 6 to 8 times out of the year. b.) That the City not commit those reserved slots with LMCD until such time as there is a demonstrated need for additionally committed parkin(; contigent on other community's commitments and appropriate geographic distribution of access. 2. Public Access - That the City in conjunction with the Metropolitan Council and other lake communities work to aFsist in the public access siting to the extent that additional sites for boating distribution purp,.)ses are appropriate for both distribution and parking. Additionally it is recommended that the Council encourage adequate parking spots be obtained near the Mound site. 3. Look for Additional NFimk F_ ow •`-'s a.) Private access b.) Evaluate current ramp use and parking at those sites 4. BOATING WHILE INTOXICATED Work and encoura,je LMCD and Legislatures to bass appropriate legislation, at least for LakE Minnetonka, to make it a managable situation. 5. Jurisdiction - In accordance with enabling legislation for LMCD have Orono enter into a contract to Enforce the applicablo ordinAnces that itt desires to enforce with the '.MC t3 . 6. Fundin9 -Encourage that the following funding be done: " a.) Lake Mi►tnetnnka %ticker That everyone ut i 1 i zing the 1 akv be teyu i t *-d to pay a $20$2S a year sticker fee and that pt: r^ons not havin i 3 such he appropriately fined. Monie- from this would (3o to fund enforcement on the lake toyt:tner wito attendent cleanup of sites used. b.) Public access fees Explore the charge of a fee for utilization of at least marking in these public access sites and any committed sites nearby at a reasonable rate, to defray the cost of operation and cleanup of those accesses. it is hoped that such a fee coupled with published publication of private marinas that their utilization of existing ramp slots could be accomplished. Should you have any further questions or comments, please feel free to contact. me. TO: Mayor and City Coun,_ i 1 FROM: Clark Bernhardson, City Administrt•1to� tj DATE: October 23, 1985 SUBJECT: Lake Minnetonka Use and Access A., Attu -,led you will find a memo regarding the sunmary of our September 23rd meeting together with recommendations relating to commitment of parking as it presently exists in the vicinity of the North Arm landing. We would like you to review the issues set forth in this cover memo together with the issues listed in the attar;ied memo for discussion at -ur November 12th meeting. As you are aware the issue has again come to the forefront because of the acquisition option for a site in Minnetrista at the end of King's Point Road. DNR had evaluated a number of sites around 'he lake focusing principally on the south and west and it was tteir determination that this was the best site and had gone to the Governor's Executive Council meeting on October 2nd intending to get authority to go ahead and procure. The authority h.: Per was not granted because the Executive Council felt that it ,s appropriate to involve the Metro Council in the siting of such regional facilities. As you will note in they attachment the Council has laid out the process by which they wi 11 take a look at the issue. In order to promote the active involvement of the lake communities in this siting process, Bob Raseop, the Mayor of,4 ., Shorewood and also the present Chair of L.M.C.D., he1J a meeting Tuesday, October 22, 1985, to discuss dir'ctions and means of input of the lake communities to this process. It was indicated that L.M.C.D. will develop issues and areas to look at for surface water management on the lake, however they felt it was appropriate that the communities each involve someone else apart from the L.M.C.D. representatives to explore the issiJes of land use a) s it relates to access siting. We wi 1 1 be communicating with our ir.M.C.D. representative regarding this matter. One of t le thrusts that L.M.C.D. is undertaking is a more active role :n securing the i�-quired *tots felt by DNR in an effort to forestall even further pressure_ ler"adcTitiona1 Accesses around the lake. Mayor Rancop present at. our November 12th meeting -:o dis.-uss the isahKl as will JoPl len Murr -r and. possibly Senator ';F�n Olson. . ..._._..___. Additionilly attached is a recent article from the Minneapolis ,tar and Tribune regarding Lake Minnetonka access as seen by DUR, together with a lust of sites the DNR has bten cxplorinq for peas i b 1 e accosq. PLCOMMF'!NDA'i'I ?N - it is [•.. i)rl-n,•nAk:J th.st . Ounc l I '.ii.qc:uss any initial direction that they want the City to undertake in relationship to this priur to the November 12th meeting. Thi., recommended action would be to become actively involved in inp,jt to the Metro Council process regarding land use considerations for public access. (This may be simi lar to some of the considerations and performance standards that the City has for commercial marinas.) Additionally it is requested that if you have any further thoughts or considerations regarding the matter that they be relayed to us prior to the November 12th meeting. PROPOSED MOTION - It was movc>d b; , seconded by , that the City Council direct staff to become actively involved —In the land use issues, considerations and identification of public access siting for the Metropolitan Council process at this point and that the balance of the issue be tabled until No : c-.dber 1 i, i 985, meeting. Ayes F Nays __ ,ro: Mayor and City Counc: i 1 f FROM: Mark Bernhardson, City Administrator, DATE: October lid, 19n5 SUBJECT: LAKE MI NNETONKA USE AND ACCESS The following represents some of the significant findings of discussion regarding Lake Minnetonr,a At the Council's September 23, 19V5. meeting. Number of Users - The perception verses real ity as to the number' of beats and "source" was interesting in that according to scud- done for DIAP, the total number of persons using public access did not amount to more than 350 at any one time and was often down in the 100-200 range. The substantial number of users came from the marinas, although weekend use by abutting lakesho.e access owners was up considerabiy both in numbers and percentages on thc! weekends as opposed to during the w r? C` k . - Flow Problem to Access - The apparent problem in public accesses is not so much the parking and the convenient or inccnvenienco of the par!;ing but from the frame public accE�s , users standpoint (or intended users) is the actual time and convenience experienced in putting boats in and taking them out. To this extent the problem 13 not the parking spots that everyone has focus -,ed on, but it is the number of ramp spots avai lable for persons wanting to use the lake. - Total Like Usage - The attendent question then is if the flow through the ramps either public or private is increased does that significantly affe-t the total number of users that are on the lake. - Safety and Enforcement - Accidents and injuries on the lake are not neressarily Fu—nc on of the absolute volume on the I ake, with perhaps a higher correlation to abuses such use is alcohol. - Jurisdiction - It was very apparent, coupled with irformation earn d�aitee that meeting that there :9 a question of iurisdiction as it relatf:s to: - Who his what authurit.y to create rogulations an the lake. - Who has authority to enforce. - Who is doing the prosecution work and how effectively are they do inq it. -Accr a«l Sitin�l - renently the number o, existing eccess sit, s apart�i ro m mic a na do-kc,d hoAts to+i 1 .:.Roshnce access docked tx,ats ♦re as f :.,g lows: - Free Sits:s - 9 sites around the lake with 180 parking spots committed (another' cre "uncommitted" within 1500 feet) - Private Marina Sites •- 5 sites, unknown number of parking spots The related access issue is the extent to which, if all sites both -,)ublic and privately owned charged a fee for operation, if utilizatio►, of the existing private ramps would increase and thereby perhaps reducing the need for addit,.onal sites. - Requirement for Free Access - While the Department of Natural Resources has been pushing for additional free access sites on the lake there is no specific statutory requirement that in acquiring sites that th(..- DNR nor any other public agency has to make them available free of chaise. - Metro Council Access Siting - As you are aware the Governor's I:xE:cuti ✓e Comn,ittee--Y�as now invol-�ed the Metro Council in the siting of public facilities on the lake. ISSUES The following represent the major issues as they exist: - Access sites - Numbers using lake - Flow through accesses TOTAL USAGE - - Lake Access 'Users - Commercial Marina - Off lake residents - OtIer access users SAFETY/ ENF ORCEMFNT SOURCE. - Funding - Expenditure - Sites - Enforcement - State - County - Private/users Users of lake communities Gi vt:n the fact that most of the services provided are presently from either State or Cuupty funding thE?it� is a good chance that persons apart from the u;cirs are bc-a ring than major portion of those expenses. :;AFE'ry/ISSUE - Jurisdiction - Enforcement - Sheriff - Prosecution RECOMMENDATIONS - The following represent recommendctions regarding various issues in front o.: the Council for bDth present and future consideration. 1. North Shore Drive - It is recommended that: a.) Staff work with residents to continue to monitor the problems that are 6 to 8 times out of the year. b.) That the City not commit those reserved slots with LMCD until such time as there is a demonstrated need for additionally committed parking contigent on 1 other community's commitments and appropriate geographic distribution of access. 2. Public Access - That the City in conjunction with Ythe Metropolitan Council and other lake communities work to assist in the public access siting to the extent that additional sites for boating distribution purpc;es are appropriate for both distribution and parking. Additionally it is recommended that the Council encourage adequate parking spots be obtained near the Mound site. 3. Look for Additional Ramp Flow Spots a.) Private access b.) Evaluate current ramp use an-d parkin(l at those sites 4. BOATING WHILE INTOXICATED - Work and encourage LMCD and Legislature to pass appropriate legislation, at least for Lake Minnetonka, to make it a managable situation. 5. Jurisdiction - In accordance with enabling legislation f:orTLMCD haveOronoenter into a contract to enforce the applicable ordinances that it desires to onforce with the LMCi). done 6. Funding - Encourage that the following funding be a.) Lake Minnetonka sticker That everyone- uti t. iziny~ Lite lake he requirod to pay a S20-$25 a year sticker fvo :,tnd that persors rr _ having 3 such be appropriately fined. Monies from this would go to fund enforcement on the lake together with attendent cleanup of sites used. b.) Public access fees Explore the charge of a fee for utilization of at least parking in these public access sites and any committed sites nearby at a reasunable rate, to d.:fray the cost of operation and cleanup of those acc-3ses. It is hoped that such a fee coupled with publishe iublicat ion of private marinas that their utilization of existing ramp slots could be ac -omp 1 i shed. Should you have any further questions or comments, please feel free to contact me. 0 METROPOLITAN COUNCIL COMPREHENSIVE REVIEW OF PUBLIC ACCESS AND SURFACE USE MANAGEMENIT OF LAKE MINNETONKA Mission Statement 1. Tne Metropolitan Council will conduct a comprehensive review of Lake Minnetonka surface use and management including public access needs. The Council will use the "Report of the Lake Minnetonka Task Force" (June 1983) as the basis for the review. Based on that review, the Council will develop and submit to the Executive Council a comprehensive plan which considers the public's right to use/enjoy the lake within environmental, safety, user satisfaction, land use and other public service constraints. 2. The Metropolitan Council will develop recommendations for an ongoing public participation proses, and intergovernment planning and negotiations process to resolve future lake management issues. 3. The Metropolitan Council's comprehensive review procedure will allow all citizens/government entities concerned with this issue a reasonable opportinity to express their viewpoints. Review Procedure 1. The M,'-ropolit,, 'ouncil will form an ad hoc committee composed of five Council members i one person from the Lake Minnetonka Conservation Dist- rict, one person (-,m the Minn0aha Creek Watershed District Board, two city council members from Lake �'innetonka communities, and one person from the Minnesota Dept of Natural Resources (DNR), to conduct the compre- hensive review. she committee Sill be chaired by Patrick Scully. 2. The ad hoc co^nr:ittee will hold a public meeting or r-aetings and specific- ally invite representatives from the DNR, the 14 cities abutting Lake Minnetonka, the Lake Minnetonka ;:onservation District, the Minnehaha Creek Watershed District, the Hennepin County Board and the Suburban Hennepin Regional Park District, and ask them to: a. Show how the lake is managed under their statutory authority. b. Define their critical interests in managing the lake and land use. Present land use and public service issues whi ire affected by lake access/use. d. Describe how they are imp>>:nenting the recom ations of the Lake Minnetonka Task Force. e. Identify barriers and solutions to overcome barriers to implement the Lake Minnetonka Task Force recommendations. f. Suggest proposals for public participation procedures and intergovern- rment planning and negotiations procedures or lake management issues. These procedures should create a participatory derision -making climate and should resolve conflicts by serving the public interest. s�. Give the ad hoc committee comments/suggestions on the remaining steps of the review procedure. Tasks 1 and 2 will be completed by Nov. 2.7, 111"1. 3. Pased or i..0 from th4! meeting and the "Report of the Lake Minnetonka si Force," ropolitan Council staff will develop a discussion paper out- lining a irategy or strategies to address the overall need for new/ improved public access to Lake Minnetonka and surface use management. order to address these t-e:o concerns, the following topics will be inclu:,,z;d: a. Placement and capacity of marinas, private dockage and public access (boat ramps). b. Lake surface zoning and enforcement. C. Placement and capacity of lake -oriented entertainment/restaurant establishments. d. Scheduling, placement and capacity of organized boating/fishing activities. e. Any other management methods that are legally feasible. f. Accessibility for lake use by the non -boating public. The paper will also include a strategy for ongoing public participation processes and intergovernment planning and negotiations to address future lake management issues. The discussion paper will be completed and pu,I ished on Dec. 16, 1985. 4. The ad hoc committee will conduct four public hearings on the discussion paper --two hearings in the Lake Minnetonka area and two hearings in other parts of the Metropolitan Area --between Jan. 20 and Jan. 24, 1986. Written comments would be accepted until Feb. 7, 1986. S. Metropolitan Council staff will develop a draft hearing report and a recommended strategy to implement (a) the Lake Minnetonka Task Force recommendations; (b) any new reconr^endations on public access, surface use ma:3gement, land use management and public service needs; and (c) public participation/intergover,ir,;_-nt planning and negotiations procedures. The report will be submitted to the ad hoc committee on Feb. 24, 1986. The ad hoc committee will meet to review the draft report and the recommenda- tions. They will complete their work by March 14, 1986, and submit a final report zo the Metropolitan Council. `_. The Metropolitan Council will review their report on March 27, 1986, and then submit it to the Executile Council on March 31, 1986. SA3725-P► OPN1 10.21.F5 Octcl;^r 21, 1935 The Honorable Rudy Perpich Governor of Minnesota State Capitni St. Paul, MU 55155 The Honorable Arne H. Carlson State Auditor of Minnesota Suite 440, 555 Park St. St. Paul, 1411 55103 II1 J�. S1• Foul. Mlnnr'S01a 55101 f©lnr,hon9 (6121 274 6357 Ar The Honorable Jean Anderson Growe Secretary of State of Minnesota Room 180, State Office Bldg. St. Paul, 1111 55155 The Honorable Robert Mattson State Treasurer of Minnesota 1208 Grand Av. St. Paul, MH 55105 The Honorable Hubert H. Humphrey III The Honorable Marlene Johnson Attorney General of Minnesota Lt. Governor of Minnesota 102 State Capitol 122 State Capitol St. Prul, MN 55155 St. Paul, MN 55155 RE: Request for Comprehensive Review by the Metropolitan Council of Lake Minneto;.ka Access and Management Dear Members of the Executive Council: Thir letter responds to your request that the Metropolitan Council conduct a comprehensive review of access to Lake Minnetonka and make recommendations to ti,e Executive Council which considers the public's right to use/enjoy the lake within environmental, safety, user satisfaction, land vse and other public service constraints. My staff has prepared the enclosed mission statement describing what the Council will do in response to your request and a review procedure that describes how the Council will conduct the review. I hope that this meets your intentions. If not, please contact Bill Lester, Special Assistant to the Chair (291-6630), so that we can modify our approach as necessary. W^_ wish to begin the review on October 28 and hope to submit our report to you on Marc! 31, 1986. If the Executive Council desires, we would he glad to give you a status report on the review at your Dec. 4 meeting, and at other intervening meetings between now and the completion of the report. On behalf of the Council, we appreciate the opportunity to serve you in our role as the regional planning and coordination body. Sincerely, ('4 4'1� �_ k. , Sandra S. Gardebring, Chair SSG:sa cc: Sandra Hale, Commissioner, Minnesota Dept. of Walton Clevenger, Mayor, City of Minnetrista Joe Alexander, Com"issioner, Minnesota Dept. Rep. Douglas Carlsnn, Minnesota House Rep. John Burger, Minnesota Hous!! Senator fen pison, Minn!sntj Senat! Dirt hlYrl�s, Flotroellitan f�l�tnrll Administration of Natural Resources An Equal c`Tov�hMl►v E;•41"vOr WO Tc] � O� i�lii t1UL YKa CrOM`JlKOa a dC Uebb ISSue _ _ ,rsbatt :1 Where the boats are/Survey of Lake Minnetonka boating, Summer 1984 V. -;ter :s is a tale of two takes. One is a s+ ,� �•r:sre _ and dangerous plate where Lake :all boats are tossed in the wake of �eecbosts and dozens of unsafe Minnetonka Orono ,ating tickets are slued each sum- : weekend. w • .. j ter; e other lake Is relatively Quiet. ?N� �� ,:,hem. er. angle In peace, disturbed c•"' �.. L i -Ay occ"onatly by sailboats and .ter skiers -tic -h are Lake Minnetonka, 14,000 neta+ka� 'es of ba}s and channels, largest Mound dch f Aeeat+a�e� ..e in Hennepin county and loth -gent in the state. wtumtrtats .ad while local law enforcement of fats e miggle to solve the safety —blew on the busy part of the y, • �� 1 ..e. state recrea:lon officials are } ---�� kt for waysto increase public "� �• , / �'' � ess to Its lesser used parts. ~ "' :.` any { agreements about eaC:u3nal pub- access on. the lake have focusedVP �enily on a proposed new access Etcae .ct on Fing's Paint, a peninsula In 9 / NO / t0 k 0a� ,ieads bav at the like's was:ero 44 el a Shorewood tho::gh 50 percent of the take / Q nc:uding HaiReads Bay — Is refs- law 50 ! 258 3- E V undertsed, according to state W © Medium , 29 1 21 5 .7- 9 Ga, many continue to perceive o + Q High ! 19 { 27.0 1 0-2 8 s a crowded, dangerous th0r0USb- `' f Sowcra StUtr '.• tti IN Slat and TrrbJne rt;y Very high ' 2.3 25.7 i 2 9-24 3 .nnetonks continued on page 20A qlNNETONKA: Small percentage of lake overused aped from page i;A twat density. while 2 percent had of public arrow 01 the take. Council other part of HaNtelds bay and ari- very high density. officials are deternitn►ng h:)w to other in nearby Mound. �• respond to the rcyjest. Fifty percent of the surface had a DNR officials disagree with the r Co u,t aerie that t*e t :l a has a de id h la u t that the city's objecUuns to the K10tt's Point u ,.!) ding rule n In sume areas, but ecn't believe you can solve it exc:;+ding tee public," said e; h Alexander, commmiiOner of Departnnent of Natural Rc _-ces ,VNR). D%R is supposed to pr1r de ace fc,r as N1;nne:k)tans to public rs. It ttia exercised an option to land for :he proposed access on c's Pv;aL and hopes to buy 3ddi- _, sites. es;,ecialiy on the south- : s4e c! !tie iai.e aan4er raid O,_ rcrow•jing in the pat' of tte iai:e should to :eC t'.rou,; :%;hter regulation, -: a_s lower cpeec iirnits, and im- •:ed man::cement, such as re- ojj:aS of beating and fl!�hirg ...s to off-pcak times. :t u,.crs of public acce!z points going fishinF_ s relatively safe i use, L).NR S:ut%les show. t.3ke - rc residcnU and marina uiers more likely to cruise or water t.^.e ect:t►t:c-s associated with safety probierrs according to =tidies. sane-er said D_NR guidelines cull ,ae-:XCes.% u_es to make up percent of overal: lake me. ..?innetcnks, though. a 1:94 sur- !ound that just 20 ,ercent cf the kind use was by Public -access -,Ers. On %•ceidays tae public-ae- ::se Uas.6 percent. a srr:aii percentage of the lake erase -, D': R offie:als said. :r!*.:c-Ceasity st;:dy dining the rer of 1964 found tint 19 per of vie la::e surface had high low boat density, and ,g percent was Alexan r ` e _ pse classified as rned,.um density. Cie ewutive council asked for a study site, and have rejected the alternate study showed. of the access Issue. sites as inadequate for their plans I.cw boat dcrlqit is de!ined by the DNR as .3 to .d belts per 10 acres of Like surface. medium density a' .7 to .9 of a twat, bigh density as I to 2.8, and very high as 19 to 74 3. "R,e have a situation where the use is n.nt evenly distributed on the lake," said Biii Becker, a DNR plan- ner. "The access program is tfytag to get m e use 1a those undcruUlized ar cas." The DNR requirement.; call for one reliable vehicle/trailer space for ev- ery 20 acres of lake sultace. Lake Minnetonka has only �35 reliable parking spaces, far short of the re- 4uired 70). The proposed Kings P:lnt access would add 30 spaces. Plans for it have created much controversy in the surrounding city of 4ti:uietrt.;t3, wtiox offs -lab don't want it there. The situation became heated last week when Pady Vanden Broecke, a city plsaning and zoning commis- sioner, wrote a public letter alleging that Alexandler tied refused to meet with city officials to work out an agreement for public access is the city. DNR officials contend that they have cooperated with Mianetrtsta official; in an e:fort to resolve the disput=. Gov. Rudy Perpich and his executive council hot into the fray earlier MU month when they asked the Metro- polit.m Council to examine the LrVie ..This comes as a kind of a stock,`. he said. "I believe they are playing into the hands of uppc;nentU (Of the access). The opponents want to de- lay, because pretty smin the price will ;et so high it will to impassible to buy. This one Lei available now. we have to tak'c them as we &-t them." A;ex inder said We Kin, 's Point ac- cess will be bou„ht and developed. The development of other public ace cease% on the lake, though, may be delayed if the Ad,,tropolitan Council requires long study of the Wue. "If that bappen•,, the opponents have won." Alcxa ►der said. Public ac:esc prrblerris b-lwel,ln the DNR ane Lake Minnctonka res:,leots date burs several years In 195-1 Gov. AI Q=:ie told the DNR to delay establishing additicuml access points until a study of the whole lake had been done. A task force than made the study. rdinnetrista officials say it shows that the Kings Point access should not ae developed. "We're pro -acres;, if it is In & Suit- able location, and that Is not a gird spot," said Hill T;:rublad, %tinnetrista city planner. He said the proposed access u at the end of a I% -idle gravel road that would require expensive city mainte- nance. The site also i in a develape,' reAdentlal neighborhood. and boat launching woulu S:s :rb Rat:°r quali- ty in the area, be Ir head, tdlnactrista officials have: proposed alternate sites, one in an - Kaitilren Wallace, the UNR`s me!rti region adminiMrat,:►r, said 19 "Or pt►ii ntial sites were evaluated before K...g's Point was wile ted. "it meets tte phyN-ical and design require- ments as %fill as the ta:k force rer_- ommendalions," she said. Meanwhile, county sl;eriff ":i oftictats ,!re pursuing nays to make the Wav parts of the take safer. 11ey are upset at the degree of drunker tuat- ing en the Lake and want stron,,;cr taws passed. Four people ba%a di*J in tw Ung &.:'.dents on the take in the past two years. "In virtually all the tatsiities, akobol has bwn ra- valved to quite an extent." said chief deputy Ovide LvBerge. lie said bore' aperSturs cted of being Intoxicatri' should be required tc. take on aicohol test or risk ILMnS their right to operate the bust. ..we`ve got w get wire teeth in Me law, so there is a SwIfi^ant penalty if someone refuses to take the te,:L" he ,;lid. Current law, which allows "ater; to reft se the test with co ccnj^uence, makes prosecution dif- ficuit, he said. An allerlpt at mCre stnngent boating laws %all uns;ic- cesatul in the Legislature last SC:; lion. Overcrowding in some arm of the lake ex&Wrates the safety pmb. lerns, but doesn't c.au:Se them, LA' Berge said. "The real problems c..-ne from drinking and d.ArtPrd for the law and dtsregard for other risen", be said. LAKE. 11111111-JONVA, IIEIVE.PIN AND CARVER COUNTIES DNH' S RESPONSE TO Q11f:S'1'1014S RAISED AT T11L JUNE 5, 19A5, E:XECII'1'IVE. COUNCIL MEETING At the June 5, 1985, •�cutive Council m('eting,, Attorney General Humphrey raised some spec aric questions. Below are those questions followed by our responses to them. I. What has DNP, done to work with LMCD to develop the kinds of sites being talked Lbout? DVR has worked with the LMCD by encouraging the local municipalities to work towards the Lnke Minnetonka Task lurce goals, which were adopted by the LMCD, of providing 700 long-term reliable spaces for car -trailer parking in the vicinity of present and future access sitr:a on Lake Minnetonka. The LMCD has been charged with the responsibility to monitor the program. 1,71111e the LMCr) has the most extensive and comprehensive authority to regulate lake use un Lake Minnetonka as outlined on pages 1, 6, and :5 of the Report of the Lake Minnetonka Task Force, it does not have the authority to acquire av1/or develop public boat access sites. DNR was given the charge to acquire access rites under Minnesota Statute 597.48, Subdivision 15. 2. Are the dotted lines designating areas on the take Minnetonka maps legally specific or a Loot for determining g;enernl information as to water use? The tone lines were established by the Task Force as a tool to address the distribution of accesses for fishing craft and untall recreation bents. ?. What are the costs involved In launching boats? MR .access sites are open to the public free of charge. The cnly costs involved with launching boats at a DINR facility would be the cost of the initial acquisition and development of the Rite. The sites are then maintained on n regular sir, with minimcl expenditures. The average charge for launching a boat at a privat commercial marina on Lake ilinnetonkn Is currently $9.00 per Irtinchinq. 4. What are costs for parking spaces? Agnin, at PNR access t1tes pnrkinr, in free. The initial costs involved to ncquire and develop a parking area v.iri.e. from trite to site and is depen- dent upon factors such n4 locntinn n­.d size of the parcel. type and magni- tude of the planned development and the award bid amount for the Project. Funding for the water access nroRram comes frrim Reveral sources including the LCHP, bonding monlvr, and a 1•,,rtinn (,f the ►inrefunded m,►rine gasoline taxes. 5. What types of iif) pIov(.nrc•nt•; wi i 1 I,e III: ►III• :Ind what :►:. are inv,11ved? When PIR acoinires pat )perty suitab1r for snit,I is . .: rill Lake Minnetonka, site development ntid improvement, woi►ld include: art aF:phailed parking, and tt,rnarotcnd area. a concrete plank, ramp, site btiffertno, and landscrping, identification sigiinge and the posting of rules iod regulations. Regular site maintenance would follow the site development. Again, costa vary depending upon size of site and the development. Recent developments in the metro area range in cost from $2,500 at Starring Lakt in Hennepin County for the installation of n concrete plank ramp and gra•.•elling a parking and turnaround area (the City of Eden Prairie supplied equipment and assistance) to $78,000 at the Boomsite on the St. Croix River in Washington County for a site development which included a 60' concrete plunk ramp, 20 asphalted parkins; spaces, an asphalted road, turnaround area and launching stall, erosion contrul, fill, herming; and landscaping. 6. What actions has DNR taken with retard to development of recommendations by the Task Force_ on municipal poltcle,; -iod surface u.se management policies developed by the LMCD? The Task Force noted in their report. that the LMCD has special legislative authority to adopt surface use restrictions and has dine so, The UNR contracted n survey of surface use on metro area laken during 1984 to asrist all governmental units in determining use pattern,, safety issues and user data. In conjunction with the sheriffs and most major boating organizations the DNR is strongly supporting an "implied consent" bill in the legislature for boat oi,eraLurs. 7. What funding; options are available for law and coding enforcement? The Task Fcrce's subcommittee on enforcement explored five areas of possi- ble revenue. They are outlined on pages 37-39 of the report. Mr. Humphrey also stated his concern for fishing; and other small boats safely crossing; Lake Minnetonka because of congested highspeed boat traffic. The Department of Naturn] Reso,irc.e, is nttemptinF to provide public access to Zones 3 and 5 to better distribute public access around the lake. This will reduce the need for small boats to crnst thz - ink^ to reach certain bays for fishing or ether rearcns where currently no acc^ .fists. LAKE MINNETONKA LAKE ZONES • • • • • . • • ` • • • • Analysis Zone Boundar, LAKE MINNE-roNKA -ZONE 3 3 4 4p uIDroN y tiE5MM 2 5 SIM KEY; PUBLIC PROPERTY I-) l (10) Q I = PRIVATE PROPERTY 1f G �yot�s .,-,..- 14 15 LAKE Ml'i"METONKA -ZONE 5 2 .._.. �....._.�.._... SAY s s HL5TW'5 WE �T vPP6p W 10 �.��...�..�.�� SoUTN C KEY: �.�.... 13 .✓ PUBLIC; gri I fil-ro WN PROPERTY SAY PRIVATE PROPERTY 1d LAKE 1111INFI NKA SUMMARY OF von..NT')AI. ACCESS `',1TFS COtJ, IULN' 'r (POST TASK FORCE) IN ZONES 3 AND S ZONE 3 1. Site: Tonka (lay Park Locat+_cn: West side of Ecl near West. Point Road and Tonka Bay Road Comments: Property is owner' by City of Tonka Ray. 1-acre park with, swimming beach, 'tennis courts, picnic area, playground and nature interpretation area. Primarily in residential area. Access development may conflict with existing public uses of site. 2. Site: Landform, Inc. Location: North shore of Gideon Bay off of Tonka Hay Road Comments: Property is in process of being sold and developed for 24-1j acre executive homeai.tes. Locati n was fairly good and property seemed suitaLle for public access development. Owner stated that about half of the lots have been sold and he would not be interested in selling to the DNR for public access purposes. 3. Site: Willow Wood Drive Location: West aide of Gideon flay just north of Tonka Any City Hall Comments: Property is currently list d for sale and bas a fairly large level lot with a single family residential home on it. At end of Willow Wood Drive and surrounded by fairly expensive homes. Listing price: $215,000. Size of parcel would not be aden,,,ate for public access development and location nt end of residential street is poor. 4. Site: Old Orchard Park Location: West shore -f Gideon Day adjacent to County Road 19 in Tonka Hay. On a back channel. Comments: Property is owned by City of Tonka Bay. Site currently provides rental slip space for approximately 30 boats for Tonka Bay residents. Also has a gravel parking area, an open gros4v a:ca, several picnic tables and fishing piers. Level tepographv. potential for public access; development, however, initial ontarts with representatives Of the City indicnte opposition to any public access proposal.. 5. Site: Timber Lane Location: South shore of Gideon nny off of County Road 19 Comments: 2.8 acre parcel was listed for snle with lakenhore. Lakeshore consisted of I of n narr"w peninsilA, Not lArge enough for ramp nr,d turnaround area. Remainder of Property was bisected from lake frontage by Timber Lan(,, it ;trip of private prnperty nnd the former railroad corridor owned by llennepin Co+inty. Due to narrowness of lakeshore frontage and bisection of parcel, nccers development does not look Ceasii►le. Act jac.e►►t landownt•r inforwe (l ur: that owner would iwt sell to DNK for publ is accenr; purpose!:. 6. Site: Snug Harbor (Shorewood Yacht C1111)) Location: South shore of Gideon Bay adjacent to County Road 19 in Shore- wood Comments: Billing seller "if the price is right". tins approval for 25 more slips but may not have space to install if access goes in. Access proposal also contingent on Hennepin County Regional Railroad Authcrity approval. Proposal would entail. filling in c,f a swampy area for access parking and channeling under railroad property. Hennepin County Regional Railroad Authority Comments: Called to see if Hennepin County would be willing to work with us on proposal for Snug Harbor. Informed that stp:C might recoam►end approval to the County Board after reviewing the propoaair. Several conceptual designs for the site were sent for county's roj iew along with a request for their Rupport. Proposal is contingent upon acquisition and developability of Snug Harbor site. 7. Site: Minnetonka Portable Dredging Company Location: South shore or Gideon Bay adjacent to County Road 19 in Shore- vood Comments: Site leas approximately 370' of lakeshore and is in good loca- tion. tins good access potential. Owner will sell "if the price is right." Asked him what price would be right. Response: $1 million. 8. Sitc: Excelsior Commons Location: In Excelsior on south shore between Gideon Bay an,i Excelsior Bay Comments: Property is owned by the City of Excelsior. Sit- is a 15-acre park with picnic area, swimming beacti, playground, sortball fields, tennis courts and bandstand. Municipal marina for wet storage of boats available to Excelsior residents. Tor- raphy may lend itself to public access development. Conflirtn with existing park uses and location on the lake in regard to existing boat traffic patterns may not. 9. Site: old Railroad Right-of-k►rry Location: Between Excelsior Bay and St. Alban's Bay off of Minnetonka Boulevard Comments: Site has p-ssibilities of improvements for shore fishing uses but is too small fo. public accer-,: development. Currently being used as a commercial facility. 10. Site: Excelsior Boat and Motor Mart Location: Southwest shore of St. Alhan's Illy off of Highway 7 and Minnetonka Boulevard Comments: Owner was contacted and asked if lie would be interested :n selling to the i*,NP. for public nccesri purposes. Answer: No. 11. Situ Greenwop-' Mnrinn l.ocatlon: Sots" _at shore of '>t. Alb-in's V,ay off of Highway 7 and Minnetonka Roulevarl Comments: Owner wrs cnntacteel ;,nci ;in �rcl If I,e would consider scllinF to the DNR for public access purposes. Alain the response was "if the price is right". The property is approximately 1-1/3 acres in size, has a large house on it and provides about 100 dockage spaces. A loan appraisal done a year ago came in at three quarters of a million. Owner is interested in expanding. 12. Site: Northeast Shore of St. Alhan's Bay Location: Northeast shore of St. Alban's Bay off of St. Alban's Bay Road at the end of Weeks Road Comments: Property is a large undeveloped wooded parcel discovered in field investigation of area. Initial inspection indicates it troy have votential for public access development if location on the lake is desirable. Plat map indicates 156' of lakeshore frontage x 117' x 233' x 40' x 206'. Location at end of Weeks Road would be a drawback as street is fairly narrow and residential. Property not for sale. 13. Site: Old Railroad Right -of -Way Location: In Greenwood on east side of Lower Lake Snuth Comments: Site may provide opportunities for improvements as a shore fishing area but is too small for public access development. 14. Site: Sandy Beach Location: At northern end of Northern Road ire Deephaven Comments: Approximately l acre neighborhood swimming beach. Size of parcel and conflicts with existing public use make site unfeasible for public access development. 15. Site: Rocky Beach Location: At northern end of Y.eewaydin Street: in Deephaven Comments: Approximately I acre neipliberhood swimming beach. Size of parcel and conflicts with existing public use make site unfeasible for public access development. 16. Site: Carson's Bay Marina Location: On south shore of Carson's hay in Deephaven Comments: Municipal marina for wet storaFr of boats by 1)e.ephaven residents. 17. Siter Carson's Bay Access Location: On southeast shore of Carson's Bay in Deephaven Comments: Boat launch with concrete i mp, 27 car/trailer !-1 -+ces on site that are free to Deephaven residents or require n $50 annual permit for non -city residents. 80 other car/t.r;,iler srnces rnmbined at Deephaven City Hall (west of site) and elementary school (east of �,ite) within 1,500 feet. 18. Site: Nocomo Beach Location: Northeast shore of Carson',; 11:ry in Deephaven Comments: Small community swimmir beach in residential area. i,-e ind location sake parcel unfeasible fo; public access development. 19. Site: Deephaven Beach and Park � cation: rant side of ';t. l.­ni% 1t;!y 4f of Lake Avenue comments: Property is owne-1 by City of I)cephaven. 9-acre pares with :;w!mming. beach, playg;roninll, tennir; ronrt ; anal boat rental.. Has develop - Vent potential for a public access, however, may conflict with existing; park uses and lake use!; in the vicinity. z01lr. 5 1. Site: Lost Lake Location: North shore of Cooks Hay in City of hound Comments: City of Mound contacted, site is under consideration. 2. Site: Mound buy Park Location: Northeast shore of Cooks Bay in City of Mound Comments: Owned by City of Mound. Approximately 2.6 acres in size with swimming beach, picnic area, pavillion and concrete boat ramp. Ko car -trailer parking allowed on site or adjacent street. 3. Site: Highland Park Location: In Mound on north shore of Priest's Bay Comments: 1.5 acres with 184 feet of lake front cn Priests bay. It is partially developed, being; maintained by local residents as a clearly grassy area sloping gently down to the lake. It is presently used as a playg;roend and for resident dockage. Potential for shore fishing. Size, location and slope of parcel make access development unfeasible. 4, Site: Halsted'a; Bay Location: Nest side of Falsted's Bay off cif Halsted Road Comments: House is currently for sale and lies just to the west of the - existing Williams Street accec;s. May have potential to be purchased for upgrading of existing access ,-ite, however, small vacant lot which is not for sale lies between access and house. Property has 150' of lakeshore but is somewhat narrow. Asking; price: $134,500. 5. Site: Williams Property Location: West side of Halsted's L'ay off of Halsted Road Comments: Owner is interested in selling; a parcel of property which fronts on a chancel to Halsted's Ray to the UNR for public access purposes. This access, if purchased and developed, would essentially replace the existing; access at Williams Street, but would provide off. -road parking. In return, the owner would like the Williams .'`reet access vacated and is nssuming ownership would revert to him. The property is in tlae process of heinp nppraised. Legal c,testions as to the ownership of the channel bed need to be looked intf:. 6. Site: Six Mtle Creek Location: On west hide of Kings 1'oint Boad off of Highwny 7 on S,1x Mile Creek Comments: Property recommended ns an alternative to the Kings Point Road property. Property hnn npprnximately 1200' on ".ix Nile Creek-.rhich entotn into linleted'H Nay. Vim to a W easement off of Yings Point Rond to the property which i, . back from the road. Site contains 5-6 acten of hip.h land (1 nc.re 'it-ndrd), the z emainder is low lying. 12. Site: Former Rachman Creeohoiivcs !.oration: On soutlreast side of Wr.r,t Upper L;il:e off of County Road 44 and Shady Lane C.ommen_ts: This iq a 16± acre parcel that wa:; formerly part of the Rachman estates. It was for sale several yenrs ago and was offered to the D':R for one million dollars. Much of the property is heavily wooded and there are numerous buildings, greenhouses and a large residential house which is currently being renovated on it. Much of the shoreline is fairly --teep but there is .-in existing ramp with n level area adjacent to it. Due to the size and asking price for the parcel (and the status of the Lake Minnetonka Task Force), the site was never pursued. The current owners were recently contacted to see if they had any interest in selling a portion of their property for public access purposes or if they would be willing to meet to discuss it further. After numerous attempts to elicit a response, they remain non -committal. The site has some potential but acquisition and development costs would he expensive due to the nature of the parcel and the distance from existing public roads to the lake. 13. Site: Casamita Road Location: On south shore of West Upper Lake off of Highway 7 at the end of Casnmita Road Comments: Large undeveloped wooded parcel of property identified by boat. Appeared to have potential for access development (level topography, Food location on lake, not heavily developed area). Plat map indicates parcel is part of n 1ntge estate and any access proposal would entail a subdivision of the parcel acid n lengthy road development. 14. bite: Bayview Location: On southwest shore of Smithtown Ray on Bayview Comments: Property currently listed for sale. Over three acres in size with residential house, 150' of lakeshore but fairly steep slope makes access development unfeasible. Asking price: $379,000. 15. ite: Smithtown nav Location: On southeast side of Smithtown nay off of Smithtown fond Comments: Property is currently listed for sale. It sits adjacent to a new condo development and in the vicinity of the public access on Lake Virginia. The site ins approximately 392' deep and 101' wide, It has a house on it which is currently being rented and is in disrepair. The site has the potential for access development and may be even more desirable if additional ncnr-by property could he acquired for overflow parking during peak access use time.;. Owner willing to sell for "the right price." 16. Site: Smithtown Bay - Overflow Parking Location: On west side of Smithtown Road just south of Smithtown Terrace Comments: Parcel currently listed for F;nle. Potential for overflow p.3rking in conjunction with accesr. development off of Smithtown Road. Surrounded by the hacks of homes. Approximately ! acre is sire with 188' along the road. Asking price: $52,000. Owner hesitant to sell to DKR and 1ncAtiun in resit.-ntinl area nre drawbacks. 17. S i to : ami,.htown flay - Overf low 1'arki ng Location: On Highway 7 and Trig, just west of Smithtown Road Comments: Parcel may be n good site for access overflow parking in conjunction with an access on Smithtown Bay. Site has approximately 170' of road frontage on Highway 7 and 120' on Iris. Asking price is $35.000. 18. Sits! Howards Point Marina Location: East side of South Upper Lake off of Howards Point Road Comaents: Called owner to see it property was for sale or if owner would consider selling. Response was that he was not interestea ill selling. i (ECE! X. OCT Z 21985 L..M.C.0 October 30, 1985 • v u v Mark Berhardson City of Orono Box 66 Crystal Bay, MN 55323 Re: Invitation and Data Task Force on Lake Dear Mr. Berhardson: On October 2, the State conduct a comprehensive Council intends to make consider the public's r user satisfaction, land Metropolitan Council 300 Metro Square Building Seventh and Robert Streets St. Paul, Minnesota 55101 Telephone, (612) 291-6359 Request for Metropolitan Council 4innetonka Executive Council requested the Metropolitan Council to review of access to Lake Minnetonka. The Metropolitan recommendations to the Executive Council which will ight to use/enjoy the Irke within environmental, safety, use and public service constraints. The enclosed mission statement and review procedure describes how the Metropolitan Council will respond to this rpquest. The review will be based upon the "Report of the Lake Minnetonka Task Force" (,'une 1983). A copy is enclosed. As described in Part I of the review procedure, an ar r-oc cor►mittee has been appointed --now nar+ied the Metropolitan Council Task Force on Lake Minnetonka. As chairman, I'm inviting you to attend our first meeting un Wednesday, November 13 at 7 p.m.'in the Minnetonka City Hall Council Chambers see enclosed map). The purpose of the meeting is to co3Tect data For the review. Consequently, we are requesting that you respond to the following questions and requests for suggestions. 1. How is Lake Minnetonka managed by your city under its statutory authority? 2. Define your city's critical interests in managing Lake Minnetonka and related land uses within your jurisdiction. 3. Please identify/describe land use and public service 'e.g., road mainte- nance, law enforcement) issues which are affected by lake access and lake use within your jurisdiction. A. Please describe how your city is implementing the recommendations contained in the "Report of the Lake Minnetonka Task Force" (June, 1983). 'identify any barriers your city has encountered in attempting to implement the recommendations in the "Report of the Lake Minnetonka Task Force." Please propose solutions to overcome these barriers. October 30, 1985 Page Two 6. Please suggest proposals for public participation procedures as well as intergovernmental planning and negotiations procedures to resolve lake managemen_ issue:. 7. Please comment and sumit any suggestions u,; the remaining steps of the Council' s rev i ey, proce6ure (enclosed). At the meeting, we would like to receive an oral simmary of your written response. Because there will be 19 speakers (see agenda), we must ask that you limit your remarks to five minutes. We would appreciate receiving two copies of your written response at the November 13 meeting. If that is not possible, please mail them by November 20 to: Arne Stefferud Metropolitan Council 300 Metro Square Building 7th and Robert Streets St. Paul, Mn. 5J,01 On behalf of the task force, 1 appreciate your input into this comprehensive review. Sincerely, pd.' LA. dy As Patrick Scully, Chairman Metropolitan Council Task Force on Lake Minnetonka PS:sa Enclosures cc: Mary Butler, Mayor, City of Orono October 29, 1985 M►TROPOLITAN L, ;iZIL COMPREHENSIVE REVIEW OF PUBLIC ACCESS AND SURFACE USE MANAGEMZNT OF LAKE NINKTONKA Mission Statement 1. The Metropolitan Council will conduct a comprehensive review of Lake Minnetonka surface use end management including public access needs. The Council will use the "Report of the Lake Minnetonka Task Force" (June 1983) as the basis for the review. Basc-d on that review, the Council will develop and submitto the Executive Council a comprehensive plan which cons.ders the public's right to use/enjoy the lake within environmental, safety, user satisfaction, land use and other public service constraints. 2. The Metropolitan Council will develop recommendations for an ongoing public participation process and intergovernment planning and negotiations process to resolve future lake management issues. 3. The Metropolitan Council's comprehensive review procedure will allow all citizens/government entities concerned with this issue a reasonable opportunity to express their viewrcirts. Review procedure 1. The Metropolitan Council will iorrn, an ad hoc committee composed of five Council members and one person from the Lake Minnetonka Conservation Dist- rict, one person from the Minneh�:ia Creek Watershed District board, two city council members from Lake M--►netonka communities, and one person from the Minnesota Lept. of Natural RE ounces (DNR), tc conduct the compre- hensive review. The committee w4 1 be chaired by Patrick Scully. 2. The ad hoc committee will hold a ublic meeting or meetings and specific- ally invite representatives from ne DNR, the 14 cities abutting Lake Minnetonka, the Lake Minnetonka ( iservation :district, the Minnehaha Creek Watershed District, the Hennepin ounty Board and the Suburban Hennepin Regional Park District, and ask -..em to: - a. Show how the lake is manaped under their statutory authority. b. Define their critical interests in managing the lake and land use. C. Present land use and public service issues which are affected by lake access/use. d. Describe how they are implementing the recommendations of the Lake Minnetonka Task Force. e. Identify barriers and solution! to overcome barriers to implement the Lake Minnetonka 'ask Force recommendations. f. Suggest proposals for public participation procedures and interaovern- ment planning and negotiations procedures on lake management issues. These procedures should create a participatory decision -;raking climate and should resolve conflicts by serving the public interest. G. Give the ad hoc committee comments!suggestions on the remaining steps of the review procedure. "asks 1 and ? will be completed by Nov. 27, 19E`. '. Based on input from the meeting and the "Report of the Lake Minnetonka Task Force," Metropolitan Council staff will develop a discussion paper out- lining a strategy or strategies to address the overall need for new/ improved public access to Lake Minnetonka and surface use management. In order to address these two concerns, the following topics will be incluoed: Z. Placement and capacity of marinas, private dockage and public access (boat ramps). b. Lake surface zoning and enforcement. L, Placement and capacity of lake -oriented entertainment/restaurant establishments. d. Scheduling, placement and capacity of organized boating/fishing activities. e. Any other management methods that are legally feasible. f. Accessibility for lake use by the non -boating public. The paper will also include a strategy for ongoing public participation processes and intergovernment planning and negotiations to address future lake management issues. The discussion paper will be completed and published on be--. 16, 1985. 4. The ad hoc committee will conduct four public hearings on the discussion paper --two hearings in the Lake Minnetonka area and two hearings in other parts of the Metropolitan Area --between Jar,. 20 and Jan. 24, 1986. Written comments would be accepted until Feb. 7, 1986. 5. Metropolitan Council staff will develop a draft hearing report and a recommended strategy to implement (a) the Lake Minnetonka Task Force recommendations; (b) any new recommendations on public access, surface use management, land use management and public service needs; and (c) public participation/intergovernment planning and negotiations procedures. The report will be submitted to the ad hoc committee on Fek. 24, 1986. The ad hoc committee will meet to review the draft report and the recommenda- tions. They will complete their work by March 14, 1986, a^d submit a final report to the Metropolitan Council. F. The Metropolita- :.ouncil will review their report on March Z7, 1986, and then submit it to the Executive Council or "arch K , 1986. SA3725-PHOPNI 1C.21.85 SUMMARY OF T '. LAKE: MINNETONKA TASK FORCE'S RECUMI_NDATIONo FOR I•UBLIC ACCESS Community: ORONO Address: P.O. Bo ; 66 Crystal Bay, MN 55323 Contact Person- Mark Bernhardson, City Administrator Phone: (61i) 473-7357 Zones: 1, 2, 3 Zones* Task Force Recommendations Recommendation: North Arm/Hendrickson Access - Add _ma_ka-r �i dock; add signs showing the location of off -a-, paz ; and provide toilets, trash containers, public ;•_:nos, and adequate landscaping. In addition, and or all of the following methods &hould be employed to each thr Task Force godl. of 700 total car -trailer public. parka :� sipa�vs for the lake: Increase on -site CA parking by land acquisition where land availability and funding permits; increase reliab., rking by acquisition of or through written parking agreements ror off-street parking lots in the vicL :ty; increase long -terra reliable on -street parking in the vicinity thr--,-h written Parking agreements. 1 2 Recomrerdatioi:: If long-term written parking agreements for -�— .. existing sites within these cones cannot be securer, then additional access for small boats with associated parking should be considered to meat reliable parking goals for the zones. Recovvendation--Shore Facilities: Nceren.ber Bridge - Improve andscaping. Fenches, trash containers, and toilets rhoud be .•roti•ided. 2 Reccmmendation--Shore Facilitlem: Molly's Corner/Browns Jy_ - Secure Arkin uc a tswn a Bay. Benches, trash containers, and toile s�i I,rovided. 3 Recommendation: Additlen.al f1shin& craft anti smal'_ r +• accea3 e;h Recommendation: Acquisition of P,-=ring Island end rhS Eig 1ALand Veterans Cam' for_ r"-"Mate" shoul obtain full and clear title to the Camp and tre_ should develop and manage the site in conjunction with the Arthur Allcn Wildlife Sanctuary an a regional park. *To address the distribution of accesses for fishing craft and small recrea- tlesn hosts, the Task Force Arrived at a system vherehy the lake vas divided Into five major zones. See Attached map. 1,:>,3 Recommendation: When County Rul between Wayzata and Navarre needs improvement, it should be designed and ckznaged as a two-lane scenic par�y preserving -th,-hia[ur+c81 vistas of this un que lakeebore roadway. Improvements should provide, where environmentally possible, bike and hiking t— '1.s and scenic parking areas. County and State standards s1wuld b ,odified to allow the roadr to be classified as a scenic parkway. 1,2, Recommendation: If your community has a trail Plan, the task force recommends that the plan be implemented to improve s. s access. 1, 3 Recommendation: Impler,nting agencies and Orono should cooperate in Monitoring any future land use changes_ at existinj co9Rerciai accesp-- sites and should consider public —access use pricoor to any re'z�nfPi�'tBT non -access use. 1,2,3 Recommendation_: When managing access sites and when considering new lakeshore 'evelopment, particular attention should be given to the goal. of improving access far fishing craft and small recreation boats. DRAFT RESPONSE: TO LAKE MINNETONKA TASK EOKC:: 1. The City of Orono has approximately 1/4 of the total shore- line around Lake Minnetonka together with hG ng significant islands that it governs ithin the lake (particularly Big Island and Deering Island) It has been a leader in efforts to regulate land use o,: the abutting shoreline together with it's upland areas in o Jer to preserve and protect the water quality of Lake Minnet ika. Additionally it is utilizied its statutory authority to overn commercial marinas, joint docks and other usages on the lake and in conjunction with LMCD has worked to ccoperate to make the lake a safer and natural recreational resource for both Orono residents and the public_ at large. 2. It is noted in it prior response the City's critical interests are working to -prove the lake's quality together with the safety for all users of the 1,ike. 3. In addition to land use considerations to protect both the quality and access to the 1 ako together attends it concerns regarding parking, pedestrian safety, trespassing and etc., related issues include law enforr-ement both near acctrss sites and although have a lima l capability in the sommer when we work primarily through the Water Patrol, there are issues in the winter time that permit us better access onto the lake together with reoccurring problems that result from people congregating on or near the lake. Since there is 1. ivate property on the islands within the City's boundries that have no existing land access it does cause problems and we have taken appropriate land use measures to attempt to limit our service problems, particularly as they relate to Big Island. 4. The City of Orono is presently reviewing, and has been doing so over the last several months, the Task Force recommendations regarding implementation. Since Orono possess one of the two major access sites the principal issue at tnis point is securing of parking as it exists nea .he public access sites for off lake residents including a large number of potential users from Orono. The balance of the recommendations deal with improvement of the status quo and the City is not actively undertaken those at this point pending resolution of the significant public cress issues and the directions undertaken by other lak,= communities. 5. Principal harrier to implementation of the status quo recommendations has been neighborhood rt.sistence to commit the parking spats because of the attendant problems with off - site parking related to the access such as trespassing, vandalism, etc. Additionally there is concern that to th- +extent there is incr�-ased uti t ization of the lake without 2 appropriate improvements for lake usage related to safety and appropriate distribution across the lake such would be premature. 6. It is suggested that this initial public participation in the communities be as outlined in the Task Force charge to include specific public comments. Once the Task Force has it's preliminary recommendations that another round of testimony by both from the Cities and from the public again be heard. As for working with the groups through th- :•:ocess it is strongly recommended that the water surf -.Ace issues be dealt through with LMCD and the public wit:i the land use issues be worked through in conjunctionn with the interested communities on the lake. The departure point for attendE nt land usc, could well be the marina regulation and zoning formation for the various communities around the lake. 1. It is proposed that as the adhoc report is developed that LMCO and the Citi i•-.�idually be allowed to respond to a draft report in a meeting in the Lake Minnetonka area. i r TO: Mayor and City Council FROM: Mark Bernhardson, City Auminiotrator DATE: October 18, 1985 SUBJECT: Marina and Jc_.nt 'Use Dock Regulation RpnitrTTnN At present marinas and joint use dock faci 1 ities are current ly regulated both by the City of Orono under Ord i nanc:r- 10.4 1 regarding the 13-2 zoning which applies strictly to marinas together with Ordinance 5.42 which apples to commercial and join~ use dock licensing procedures. Joint use docks under our definition apply to any docks used by boats belonging to more than two persons. In addition both of these areas are also regulated by the LaKe Minnetonka Conservation District in selected areas. (As you will recall L.M.C.D. is c-rently looking at requiring a permit for :any dock that has more than two boats at it, if those do not belong to the owner of the property.) Many of the specific subject items are regulated under both to licensing and zoning ordinances in Orono. During the last several years the City has appointed a Marina Committee composd of three members jointly from the Planning Commission and/or Council to review the various marina applications for licenses. These reviews have principally focused on items which because of the concurrent ordinances became land use issues. Many of these land use changes have not subsequently been reviewed by the Planning Commission or appropriate procedures been undergone tc approve such changes. If the Marina Committee was formally established in Ordinance and granted certain powers in this area this may not be a problem, however as it stands the Planning Commission is still required to act on such Land use issues and that appropriate variances and/or conditional. use permits btu issued to permit such. In years past the City attempted to go through its liter, ng process concurrent with/or prior to the issuance of licenses to the marinas by the Lake Minnetonka Conservation District. In 1985 because of L.M.C.D. licensing it was decided that Orono would not have its reviews completed unt i 1 of ter L.M.C.D. licensing was done and the-- marinas were operating which resulted in reviews being done in June, July and August with only routine applications finally issued in the September -October time frame. Tc date there ..are three of the licenses which have not been issued because of problems, associated with those properties. RF..SULTS Because of `he problems issociated with this whole procedure the fc:lluwing -oulty have been realize,i: - fhrr-t of the present marinas do not have current i i,,nses for 1985 incl uding North Shore 1 - Gayl.e's Marina has not had a current license for the past four or f i ve years - In no case has a citation been issued to an; of these marinas for operations without a license Additionally it should be noted that to the extent the City would start issuing citations the marinas may take an action for writ of mandamus compelling us to issue the licenses on the basis that we've issued them in the past for nonconforming or noncomplying marinas. Additionally there are problems that relate to the whole Marina Committee structure and perhaps inappropriate process related to land use changes as it related to our zoning ordinance. ISSUES The following represent the major issues that should be addressed in attempting to improve the results from the City's effort —a in this area. - Procedure - Develop a method by which applications are reviewed and licenses issued (if licenses continue to be issued) in a timely manner prior to the commencement of the operation. - Jurisdiction - - Ability to regulate - have the City futher define its areas for regulation together with those areas it desires to regulate and if appropriate adopt by reference other jurisdiction's regulations - Enforcement - In addition to enforcing the City's own policies determine t!ie extent to which it can or does desire to enforce se regulations of other agencies. It should be noted ..hat the enabling legislation of the L.M.C.u. requires it specifically to contract fcr enforcement between L.M.C.D. and the appl icable enforcement agency. - Goals - The following represent goals the City is apparently attempting to achieve. - Limit crowding on the site licensed - Limit spillover into other commercial and./or residential areas. - Promote safe operation both on the land and on the lake. - Address env. ,nmental concorns. ALTERNATIVES The col lowing represent tw-, major directions the City would undertake assuming that it desires to stay in the business of regulating both marinas and commercial use of facilities. 1. Revising current 2.Locedures - 1 f the City desires to cont i nue both ~l i ceps i ng and l and use control of the marinas anti the areas 1 isted in the appendices (and or other areas that it desires) they tot 1 nwiny ai-t i ons 2 should be undertaken - Define areas to govern - Orono - Licensing - Zoning ordinance - L.M.C.D. - Procedure - License review January to March - Issue citations for operations where no license is current after 1 July of each year - Marina Committee - Ordinance authority - If the Marina Committee i- to be utilized either develop formal authority foL it under the City Ordinan,:es exempting Planning Commission review of land use issues or - develop procedures so that following Marina Committee review of licensing issues that any attendant land use issues go to the Planning Commission for review. - Issue the licenses to be valid only after L.M.C.D. license issue. - Note they request our approval hefnre issuing their license but only allow 30 days to respond. 2. Limit City, involvement to land use and related issues. - This approach would not have the City involved in the licensing aspects of the operation but only when licensing by L.M.C.D. involves change in existing authorized land use issues. The following represent changes that would have to be taken into consideration under this proposal. Define areas for control Conditional use/variance - Require such for a marina operr ion within the district - Establish attendant penalty - City review only when specifics of the existing conditional use/varai.nces are to be altered - Predicate any conditional use permit on a valid L.M.C.D. license - Annual 'etter - Send a letter to all owners that they must submit any changes anticipated for land use prior to licensing - Eliminate the Marina Committee - Make sure L.M.C.D. licenses are contingent upon approved land use change.; by the City of Orono - Inspection of land use issues in May, we received a copy of their L.M.C.D. license application with submission of irspection results to L.M.C.D. - Determine fee appropriate for such an inspection - Get a contract for concurrence with L.M.C.D. regarding interrelationships of such licensing Recommendation It is the staff'a recommendation that the City jo with alternative two as it relates to marina regulation for businesses but that it continue licensing of joint use do<-ks with review by staff to be approved solely by Council unless there are changes in appropriate land use. Such changes would go to the Planning Commission for the various joint use docks in the community. Should you have any further questions or comments, please feel free to contact me. PROPOSED MOTION - It was moved by �_, seconded by _, that Council table the issues of marina licensing and land use for further consideration at the November 25th Council meeting. Ayes __, Nays , TO: Mayor and Cit Council FROM: Mark Bernhardson, City Administrato�iz ls DATE': November 6, 1985 SUBJECT: Ordinance Revisions Attached please find ordinance revisions addressing the following: EXTERIOR BUILDING CONSTRUCTION 'the attached ordinance incorporates a suggestion regarding recouping of all staff fees for any building that extends over the 12 month mark. PROPOSED MOTION - It was moved by , seconded by , that the Council adopt- Irdinance Number 14, Second Series regardin(i exterior bui 1. r., construction as an amendment to urdinanct: Number 12.05. Ayes ^, Nays PARADES AND SPECIAL EVL;NTS Attached is an ) regarding an amendment to Ordinances Number 5.25 and 6.08 regarding shows and special events. As you wi 1 1 note in the amendments both ordinances as they currently exist regulate some of very similar activities with two different licenses. At present we are cross referencing these ordinances with this amendment in order to place people on alert that both have to be complied with, if they meat the appropriate criteria. Additionally there is language amended in Ordinance 6.08 that first of al 1 indicates that the ordinance applies to more than just parades and secondly it specifically puts under the coverage of the ordinance any event that generates parking needs on residential streets for more than twenty cars at any one time. Two areas that this hopes to address are things such as Parade of Homes and open houses, toget} r with large parties that cause street problems because of the parking. Additionally it is recommended that the 60 day time frame be allowed to be waived by the Council for these licenses. It is recommended that the proposed language be adopted as we have experienced traffic related problems with such events, not just specifically things like the Parade of Homes. PROPOSED MOTION - It was moved by _ , seconded by __, that the Council adopt Ordinance Number Second Series as amendments to Ordinances Number 5.25 and 6.08. Ayo , Nays—,.. 1 ORDINANCE NUMBER t4, SECOND SERIES AN AMENDMENT SECTION 12.05 TIME OF CONSTRUCTION ADDING: The City Coun7il of Orono Ordains As Follows: Subd. 2 (c.) Failure to complete such exterior construction shall result in the suspension of the existing permit until payment of 100% of the original building permit has been made. Should this not satisfy the time and materials expenditure of staff the City shall directly bill the amount exceeding the permit with payment required priar to issuance of a final occupancy permit. Any payment under this section does not negate the permit limits of Subd i of this section and may not be appl ied to satisfy payment for a new permit under that section. This does not release the permitee from making appropriate life safety corrections nor negate other Building Code requirements. This ordinance sh-'', he effective upon adoption and publication. Adopted by the City Counci 1 of Orono on this 12th day of November, 1985, by a vote of __, ayes and _____ nays. Dorothy M. Nallin, City Clerk Mary C. Butler, Mayor ORDINANCE: NUMBER 1-1, SECOND SERIES AN ORDINANCE AMENDING ORDINANCE 5.25 SI10WS AND LAk(;E: ASSEMBLIES AND 5.08 PARADES AND SPECIAL EVENTS The City Council of Orono Ordains As Follows: (:hapter 5.25 and 6.08 of the Municipal Code of Orono is hereby amended to read as follows: PARADES AND SPECIAL. EVENTS Subd. 1. Definition. The term "Parade" mF>ac:s any movement of vehicles, persons or animals, or any combination thereof, which either moves together and as a body so as to in some way impede or affect the free and unobstruced f low of vehicular or pedestrian traffic, or which moves so that some part thereof is in violation of one or more traffic laws or regul:`.ions, if such movemenmt is without a permit hereunder. Subd. 2. Definition. The term "special event" means any mar,.. hon runs, block parites, fishing contests, parachute jumps, hot-air balloon events, carnivals, or any other activity or -vents which in some way impede or affect the free and obsL.ucted flow of vehicular or pedestrian traff'- --generate parking needs f.or more than 20 vehicles off site y one time on residential streets not including public ac:ce5ues to Laic Minnetonka or requires pasting "No Parking„ to maintain compliance, so that some part thereof is in violation of one or more traffic laws or regulations, if such event is without a permit hereunder. 1. 3. Permit Requ i red. 1 t isa misdemeanor to sponsr)* ticipate in a parade or special event for which no permit: on o'tained from the City, and it is also a misdemear._ btain a parade permit or special event permit and not condc,c same in accordance with the permit granted by the City. r,P,?I ion for such permit shall be made to the City at least sixty Q0) days in advanca of the date on which it is to occur _unieg s waived by the Council, and shall state the sponsoring orya-ization or individual, the route or location, the length, the e� 4mate:l time of commencement and termination, the 3ene r a .l. composition, and such app 1 i cla t i on shall be executed by the individuals applying `herefor or the d,ly authorized agent or representative of the sponsoring or;:_lanizat n. This shall apply in addition to any lirensin, e uirements under Section 5.25 of this o r d i n a n c- i-! Subd. 4. Ir stirjation. ;'he•' City shal l forthwith refer al. 1 appl ications foi parades and special events to the Pul ice Chief for his cons iderration whit.-h shal 1 take no longer than ten (10) days. If any State truck highways are in the route the Police Cnief shall make call :iec•essary arran(iomont:i with the Minnesota Department -if Pub:ic Safety for alternate iovtes or 1 ohatever may be necessary. If the police Chief finds that such a parade or event will not cause a hazard to persons or property, and will cause no great inconvenience to the public, and if he is able to make arrangements for necessary direction any' control of traffic, he shall endorse his acceptance and return the application to the City Clerk. If the Police Chief finds the parade or special event described in the application to be a hazard, a substantial inconvenience, or if he is unable to make .adequate arrangements for direction or control of traffic, he shall return the sam- to the City Clerk with his findings. Suhd. 5. Council Action. The City Clerk shall refer the application and results of investigation to the Council at its next regular meeting. The Council may either (1) deny the permit, (2) grant the permit, or (3) grant the permit cn condition that a date, time or route are acceptable to applicant which differ from such as stated in the application. Applicant shall have three (3) days within which to communicate his acceptance to the City Clerk. Subd. 5. Unlawful Acts. A. It is unlawful for any person to hamper, obstruct, or impede or interfere with any parade, parade assembly, special event or any person, animal or vehicle participating in the parade or special event. B. It is unlawful. for any person to drive a vehicle between the vehicles or persons comprising a parade or special event when such parade or special event is in motion, except by direction of police officers directing traffic. C. It is unlawfol fcr any person to enter into a parad or special event without prior authorization from the c.— irman. Subd. 7. Exceptions. This Section shaI l not apply r.o J) funeral processions, or (2) a governmental agency acting with ONP scope of its functions. Subd. 8. Bond and Pa finent raf Fxpensos. it deemed necessary as a c. -,n•'4i tsion of aptaroval the applicant shal I furnish a certificate of ii, trance in the amount de' ermined by the City. The applicant shall pay all Extrao►.dinaty expen, - incurred by the 'ity for police ar.i -enforcement of this Section and the. City may, is a condition of approval of the permit, require that the applicant. deposit :Honey with the City in a sum equal to the estimated expenses to he incurred by the City. SuLid. 9. Permit Fees. •l 1 permits provided for in this Section shall be issued only upo i payment in fu l 1 of permit fees and other costs f:ixod and determined in arcoraance with City Code section 1.05. 2 Sh .1'1 AN _` ARGE ASSEMBL t ES Subd. 1. Lioense renuired. It is un 1 t �r ony 1-ersun to present any put i.c- show, Movie, caravan, circus, carnival, theatrical or crier t)er rmance or exhibition with, it first having obtained a 1 ,-.anse therefor from the City. It is also unlawful for any person to promote or sponsor a large ass,embl- :r any purpose and to which the E .►bl is is invited, without - having obtaineu a license therefor from the City. It is also unlawful for any person to promote or sponsor a '.arge assembly, for any purpos(: and to ,hieh the public is invited, without first having obta.-led a .cen - therefor rom the City. G'or the purpose of thib Sect .,;n, arge as: n,bly" means a gathering, or projected gather more than three hundred (300) persons at one time and ; :_ jingle location. This shall apply in additon to any licensi ic­ _e uireme.nt under c�ection 6.08 of, this ordinance: Subd. 2. RegL . ions. Unless waived - modified by the Cooticil upon good cause bein._ shorn, till apl.#1 ' i for an initial license where a large gathering is tc he he! show ability to provide, and .during the t.rm -f th. I'cens... issued) shall be conditioned up,--i mai, `.air.in,y, ce foll aicg: ti Ii cu11, or partially out-of-doors, a fence shall complet ,1,,, nclose the location cf sufficient height and str-rc-7th to prt-� �nle in excess of the maximum permisRible number from gair s. to the grounds, which fence shall havQ a sufficient number al allow safe p-^-Age to and from the gathering. B. Fotabl, ter, meeting all Federal and State t equirpments sanitary q _ality, sufficient to provide drinking water for t- -bey of persons to b� assec,bled, at the rate of a4 per person per day, lcsed toilets, separate for men and VOL,'!, meeting lyv4 :ocAl sped f icat ,_-ns, conveniently loca. i throljg►'', r ,n.1 evificien. to provide facilities for the maximum if i+oople t*j be - ^blL:d in accordance with the M..nnesota ..Y_ i.. and of Health Rc .,ulations and Standards, which shall be pt clean, op:!rable, and f r-e of refuse. Th i s urd i nan, c sha ► 1 be ^f f ect i vt� u ,on adopt i on and publication. - 1 +,ptcJ by thr-, City Counc_ ► ! of ')ronu on th, s 7�T, . day r,f Nove,iber, 1985, by a vole -f --y ,eyes and Y , . ity . 1N:k Mary C. utl r, Mayor TO: Mayor and City Council FR3H: Mark Bernhardson, ity Administrator��� Dt-•TK: November 6, 1985 SUBJECT: 1986 Scnedule and Holi 3vs Attached is a memo regarding ho idays and also the proposed schedule .or 1986 that was handed out at the Council meeting last time. It is requested that you :.eview and t,3ntativ- ly establish that schedule together with formally adopting a holiday schedule for IS86. eEDPC,SE'-) MOT: -)N - it was moved by _ , that the mePt,.ng schedule as set forward be adc - to cha,ige ar of '. be together with adopting off '.y 1986 hoLida% scIlodulP. Ayes Nays TO: :Mayor and City Council FROM: Mark Bernhardson DATE: October 17, 1985 SUBJECT: 198E golidays The fo lowing in accordance with the revised personnel rules represent the City holidays for 1986: New Year's Day January 1 Martin Luther King Day January 20 President's Day February 17 Memorial Day May 26 4th of July July 4 Labor Da- September 1 Veteran's Day November 11 Thanksgiving Day November 27 Friday after Thanksgiving November 28 Christmas Day December " In addition the personnel not under a labor agreement will receive one floating holiday as a personal day. Public Works personnel will _ake off Columbus Day, October 13th in lieu of November 28th. Personnel under a labor agreement will be .-ompensated in the manner addressed in their contract. 1486 ORONO CITY MEETING SCHEDULE KEY 7:00 p.m. Council Mtg a 2nd & 4th Monday 7:30 p.m. Planning Commission 0 3rd Mon. 'Election Day 17 1986 s 'a;ll,3r}r 1986 S ti1 TXji3 4 97 8 91011 Q 1415161718 22 23 24 25 3 2� 28293031 1�y 1986 3 M T W T F S 1 2 3 4 7 8 910 12 j314 15 16 17 9 21 22 23 24 2728293031 a:);errnbLr 1986 NI `V T F S �3 4 5 6 3 9101 '213 s 6 17 18 ,920 23 24 25 26 27 February 1986 S M T W T F S 2 &5 6 7 18 9 10 11 12 13 14 15 16 () 19 20 21 22 2 - 24 25 26 27 28 June 1986 S M JW T F S 1 4 5 6 7 8 011 12 13 14 15 7 18 19 20 21 22 24 25 26 27' 28 29 October 1986 S M T W T F S 1 2 3 4 5 8 91011 12 14 5 16 17 18 19 1 22 23 24 25 2 28293031 KEY Park Commission Q 1st Tuesday Official Holiday March 1986 S ti1 T W T F S 2 3 ®5 6 7 8 9101112131415 16 18 19 20 21 22 23 2-4 25 26 27 28 29 30 July 1986 S M X VV T F S LI 2 3 X 5 6 8 9101112 13 14 15 16 17 18 19 20 2 23 24 25 26 27 29 30 31 Novemuer 1986 S M T W T F S 1 2 5 6 7 8 9 1 12 /? 1415 16 18 19 20 21 22 232 25 26W>d29 30 April ' y S M Z W T F S �A2 3 4 6 6 91011 12 13 14 15 16 17 13 !? 20 22 23 24 25 2% 27 9 29 30 Angus! 19�c S M T vj T F S 2 3 �6 7 8 9 10 1 12 13 1w 1.516 17 192011 2223 24 26 27 28 29 3G 3t December 1986 S r.1 W T F S 3 4 5 6 V37011 1213 17 18 19 20 24>C 2E 27 21 /(t TO: Mayor and City Council FROM: Mark Bernhardson, City Admii,:stratop4% DATE: Novem}Der 6, 1985 SUBJECT: Personnel Rules Attached please find the copy of the proposed Administrative and Personnel Policy that is to supersede the existing one. You will find side by side comparison of the two, together with an attached r_omentary to indicata to you tale primary changes adopted to the new policy. These policies were developed over a series of five meetings with staff together with review by the City Attorney. RECOMMENDATION It is recommended that the Council discuss any questions or comments they may have it the meeting on November 12th and that the matter be tabled for further discussion until November 25th at which time staff will be recommending adoption of the rules by resolution. PROP MOTION - It was moved by _, seconded by , that the C.it} Council teble consideration of the rules until its November 25, 1985 meeting. Ayes Nays Comparative Commentary Changed to Reflect Dual Role of the Policy Substantial reorganization from previous manual grouping the policy into three major sub -headings to make a more cohesive and more c-asi ly interpretable policy. Administrative Organization In Service Activities Compensation Also makes language changes such as gender, neutral language, deletion of term "permanent employee" etc Administrative Organization 101 Purpose - Addition of a paragraph to indicate that is a guideline for personnel dealings and not an employment contract. 102 City Council Authority - Adds a paragraph proceeding for an acting administrator+ in the absence of the administrator. 1.03 Administrator Authority - Speci f i ca 1 i y includes contractors as being under the administrations direction and specifically lists the purchasing function as a duty. 104 Department` Heads - Specifically allow:; them to adopt departmental rules and regulations not inconsistant with the policy upon administrators approval. It provides for the more stringent to apply- 10_5 City_ Employees - 2c. Requires all empi.oyees to sign a statement -� acknowledging that they have read and understocd the rubs. 1.06 Applicabli_ty - l.d. Indicates volunteer personnel may be subject to department rules although generally exempt from these in order *o insure no expectation of an employment relationship. 3. Indicates that rules are modified by employment contracts only to the extent that items are specifically modified. 107 Definitions - Adds the definitions of "exempt" and "non-exempt." in accordance with Federal Fair Labor Standards Act (FI,SA). 108 Records_ ?policy - Updates lan-,.iqe and procedures in accordance v.ith applicable statutory Anyuage. In Service Activities 201 Recruitment and Selection - New section incorporates Applicable lanquage . , 202 Aointments - Permits deligation of authority for Appointments to �a mini€ct.-ator by specific delegation from Council. Amendments in Ordinance N, . -- .;.'.>e r 6, 19 8 5 Page 2 of 5 203 Probationary Period - 2. Extends period from six (6) months to one (1) year. 5. Permits use of accrued sick leave during probation. 204 Temporary Appointments - Retit les from provisionz.,:1 to tempos ary and allows for delegaticn of authority from Council to administrator. 205 hours of Work - 2. Requires employee to notify their supervisor prior to the time set for ►aeginninq work. 206 Breaks - Expanded to inciu:!e all breaks. 207 Performance Evaluations - Expands language to incorporate the performance evaluation system deve_oped and currently being implemented. Includes evaluation of not only past performance but also identification of goals and oiljectives for improvement and future evaluation. Provides for a one-on-one discussion of per- formance between employee and supervisor. 208 Grievance Policy - Provides for a c1Far delineation of the policy and alters time frames. 2a. Limits the scope of grievance to work related grievances. 209 Disciplinary Action - Alters the policy to allow for imposition of discipline by the departments and/or administrator as appro- priate with right of appeal through the administrator or the City Council. Significant change in fox -mat eliminating some )f the previous language specifically. 5. Some minor language changes with addition :>f "catch all" language. 6. Expands available time frames to al low for appropriate preparation. Additionally, it limits the right of appeal to City Council if other avenues undertaken. 210 kbsQnce� Without Leave - Deletes language requirinq automatic language. Permits more f lexi.bi ? ity. 211 In Service Trainin3 - Cenrrralizes lar.quage relat.inq to trtaininq. Amendments in Ordinance November 6, 1985 Page 3 of 5 212 Suggestions and Amendments - Generalizes language from previous policy (new performance system incorporates means for solicitation of such suggestions). 213 Prohibited Practices - Incorporates previous language together with language relating to sexual harassment and language relating to access of outside parties to employees while in perforamnee of their job. 214 Political Activities - Allows a person elected to continue with certa n positions based on specific criteria. 215 Employment of Zelared Persons - Rephrases previous language and further limitations relating such employment. 216 Conflict of Interest - Incorporates previous lancuage and indi- cates conflicts may result in disciplinary action. 217 Force Reductions - F,Inor change in language. 218 Resignation - Deletes .language on unauthorized absence as it is assumed to be resignation without notice. 219 Retirement - Raises mandatory ret-irement age from 65 to statutory minimum of 70. Ca ensation 301 Adopting the Cumpens tion Plan - Broadens from strictly a salary _)lan to all compensati�,n. 302 Maintaining_ the Plan - The broader language allows for more -~~ f texib.ility with compensation plan development part iculi ly with anticipation of the internal. and External equity resul of the comparable worth study. It additionally provides for annual schedule establishment by the Council. 303 overtime and Compensatory Time - Revised with part to bring it into accordance with F1.SA. 304 Eligibility for. Employment_ Benefits_ - Provides a more defective layout of who is eligible For benefits with addition to wanes/salary. Specifically it a) allows persons who are regular pi. -time employees to receive pro -rated benefits (this has generally been the practice with Orono) b) inc-orporat.es sick leave usage during the first six (6) months. 305 Frirge Benefits Commencement - Title change. 306 Vac4tion - 7­^orporates new vacation schedule from interium com- pei r_s tTon . �. Amendments in Ordinance November 6, 1985 Page 4 of 5 307 Holiday - 1. Incorporates holiday change from interium compen- sation study. 2. Holidays are granted even if on sick leave the day before the holiday. 3. More clearly defines holiday pay to be received. 308 Sick Leave 2. Limits sick leave accumulation if absent more I T a i 10 days as opposed to present 30. 3a. Reduces minimum sick leave taken to units of 1 hour as opposed to 4 hours. 3c. Allows utilitzation to include necessary medical appointments. 3d. Revises the means to pay Worker Compensation Benefits to reduce unneeded expenditures. 3f . Indicates City _An require evaluation 'j,y its physician. 3g. Deletes verbage relating to sick leave transfers. 3h. Supply language relating to absence. 3i. Simplifies sick leave accounting procedures. Incorporates provious language. 309 Milit! r, ,heave - Minor updates in language. 31T 0 Jury Duty - Incorporates present language with 1,ii.nor andates. ( it is si,ent on part-time employees or full timr- employees on jury duty over 15 working days. Should be dea 1 t with on a specific case/on case basis.) 3161-_Leave of Absence _Without Pay - (It should be noted the section �~ on maternity leave has been deleted and is treat(-%d as other disabilities - leave of absences.) Expands administrators authority from 10 to 20 work days and places a cap of 180 calendar days a person from the Covr,ci1 in a year. 312 Cancellation - Deletes just cause requirement fc-r termination of leave.'�! -M I.ns_ur_ance - Leaves the means of insurance rtyment to be address in ��the'amended compensation plan. Amendment in Ordinances November 6, 1985 Page 5 of 5 314 PERA - Modifies language to have requirements allow for changes in the law. 315 Social Security - Same as ,SERA. 316 Payday - No change. 317 Reimbursement - New language relating to reimbursement for various City required meeting expenses. 318 Severance - Provides for current practice. 217. PORCR RRruCTIon The City Council ma- :ay uft any employee, PI,:,v ,,d that two n •c (2) weeks advance writtentice is given. No regular employee shall be laid off while there ate temperary or probstiona:r employees servina in ;he same crass of puaiti..ns to: which the regular eaipi�-yee is qualified, eligible, aeci available. Ii t 218. RESIGNATION Any employee wishing to leave the municipa' service in good standing shall fi_e with the City Adainistrator, at least fourteen i14i calendar days aefure leaving, s wrrtte• resignation stating the• effective day of the resignation and ae reason for leaving. Failure to cc-mp!y w.th this procedure shalll be considered cause for denying such emplcyae future employment by the municipality and denying severance pay inclo.iing pay for accrued vacation and si:-k :cave. 219. RRTIRZNWT Ali employees subject to this kc 'ution shall retire upon reaching age seventy 09). `:•±'' !M' it' };RICE R.WI�:'W. The ritv tnrx: i' my lay of any asiployee whenever such action t wade net.essar, by rsasw. of shortage of work or fune)s, the abolits.m of a pvslc.cp or because of change- 1'1 organitattan. Provided, hcftwwr, t!_t fou- 14) weeks sdhsnce written+ nartice Shall be gives. Vr Vertsanent employ slal Re 1a_:i off while these are tempeonarv, ftwis. -al ar prribationar, esploVee` lemnj in thr . nee -' . of rosi'ior s r ii ;h the rrnorv-,t esylovre I ..2ua;,f;-!. eligible, and ava,lalle. SFLZ' T MT" . Any emplo vt w i sh irgF to leave ttw, our i �.. , service in good standirq shall file Wilk the i Admilhistrttor, at least fourte" 'I) days %meiore leaving. ► written •esigmtio+ stat;ng the effertivr day of the res4m, for and the reason for leeving . fa.lure tr ;naipl w.!!% this rvYe4.re ear+ LZ 7.?� s ! V K esrloy"� suhtict t^ r' is Re-o:jtu sial l —tire upa+ resching age s iztr five RESW Ire iOII 1660 A RP.SOL4:ICW TO AMrAD RESOLUTION I6I0 T"XT AWNDE:.' S PCT I oO 117 CI?y OF OROWJ PTILSIAWrt. P.:.',. M W"EREAS, 4l tion XIV of the City n! `r < Pers"re! < 1:,olicy is arhended t-, read. 'All eial.10jees shall rr ire %qWA reaching age t,2 providing that tr... e"I sy" has at least three -years service Lredit witn t•.e P.E.R.A. as enacted C^apter 18° of th< .4Is 14ineeeweta l.esisletnre.' Adv;:ted by the City C„unril of 'chc City of Orcma. 11i r.rscs_�o at a re:fu:a, neet.inq held .iaru.ary 26. 1471,. SECTION 3. COMPLY ATION 341. Aj0PTirC THE CCWPNUSATION PLAN The Council shall estab-'ish and maint*in a compensation plar for all employers covered by this policy. The compensation pla:. is alteted to the extent that a conctact contsin.ng specific provisions which conflict with the coapensa-ion plan. The plan shall provide for compensation of wngss, salary •ndior other benefits not addressed in this section that are appropriate to the tasks, skills, responsibility and availability of Qualified persons for those pcsit.ons .n scccvdsnce with applicable statutes. THE CLAS:a1FICATIC•t: PLAN SECT- ADr:-PT:V0 TNi: .:,,ISSIYZ A7-.CJK 0.4. -routing of the classes of =' tr s% fu:: par,snernt po-:^tims in the City sere: a wh:c-h at:• suf`tciently alike il, duties and resi:—s.a :._<:t:*a be accorded the same pay K ale and to Sub- star- ally the sane gca:ifica•ions c-• t:.e p:-, :•f 1 nC-%W'UFn t s . J. written class specifi tlor. of the dutirs of posit.or, class. si'�t•c: e shall be considered s des,ct{ :ve cnly, and are restrictive in the sense that they may be he'14 t, .cluck other duties of respcmc ibilities ,neI it such other duties a re ,ns'ts'sIt10< r• sz-.le- as to k—n nd q_a:it}. Sec ?•--assification Plan may be a-mnd#e fros, tine t isru: and such changes and awe-.dmerts shag hocome -f�-ia: when apprr: �d t: tt.e Adai:niz rat - . 362. KAIWTAINIOG TDR !LAM 1. The compensation plan shall provide for progression through the wage/salary schedule based on performance. The plan may provide for compensation above the schedule as merited by tasks, performance and criteria established and funded in advance. The schedule shall be reviewed annually and adjusted as appropriate prior to the beginning of t'ie fiscal year. 2. Tne compensation plan shall he maintained as follows: a. The Administrator may require departmenz head's or amployees to submit task or position descriptions on a prrxod:c basis, it anytime there has been a change in the duties and responsibilit:es of a position. b. An employe., may request a review of the apensation of the emplzyee's position. The request is to be in writinq and submitted to the employee's department head. Ths department head will •a.•iew all requests and forward them with a statement c. .ecammendation to the .kdminxstrat:t for study and analysis. The Administrator will review the request and recomsietidation and submit a ropert of findings to the employee thtowgh th* d<partzs:.' .^.cod. The Administrator's decisie-e *bull he final. 3. The compensation schedule shall be established annually the City Council. 303. OVBWXM A D COMPUNSATORT TION For non-exempt employees, authorised overtime, if approved by supervisor, shall he paid at t'ie rate of one and one-half (1-1/2) times the normal hourly wage. No non-exempt employee shall work beyond scheduled hours without specific permission of their supervisor. Compensatory time shall only be utilized on a one-to- one ratio in lieu of receiving overtime within the same work period, unless otherwise provi_'ed for in a union contract or by :ew. SECTION VII 1M1AIIRATWING TIE ►t" The Administrator will sty the dines asii respersxbil,ties of ear* now position as it is created, and on thi basis :-,f his study the position will be placed in t%e appropriata class fog the position. If a suitable class less not suist. be shall establlaA a nor class. Sec. ?.M. The siassifiesti-VA plan: shah !«- s++.ntalned as t cows : Sec, g,C, The Administrator may require de"rtrsestt beads Of employees to 61"At poottxnw 6"cripeiono oam e periodic basis. Of auptisre he hea ressam to beliese that there has boom a e*aft" it the duties sand responsibilities of One or more posxtloms. Sec. 7.D. rich time a now class is established, a class sp.ecificatioe shall be written aamd irreerporoted in the esist"M plan, idiom old class title stiall fie deleted from time clasai.ficatien platy C_ Rt the class "aselfication. sec, I.E. An employee slay re4rsst • 9":Vw of the classl- fianvil oe h1s pr>sxtft on. 'is ra4west 1s to be -' submitted through the emplarla's isprtsseamt Atari. When the departs+ent head rssisives OK14 a request he shall review It ar.d fOrw4ffdAe>�sw 'tasta"ateuer• of his recfaasse ,&txcx+. r for stud;, and analysis. The AdilamistratK will review the request and submit a rep" ~t of his finding% to the employee through t he dips' Mast head , Tl.e findings of the Admir.lstratss' =11 be crostdaseai final. SfL71!*f lei:• f1Vf'tk'!+d' �►Yll fXl'IF3R!' T9t- !4ertimr. .hen awtha"ited, stall be paid at the rate of one aid one-half tiasr� tM normal MWIV war. WhereveT posglble, a+gloreex .tell bit even ted to take c omr ensatory Tow off am! a owe - tc - a+e _ ratio Apt liter of recei%ing a-ertime, wales% atiiervi4e }mr-radvi for in a un ao contract or the fair labor stardaris low. 304. ELIGIBILITY FOR EMPLOYMBUT BENEFITS Tne following categories of parsons may be eligible for benefits subject to the provision of the applicable sections: Leave of Vacation Sick weave Absence Holidays Ins. Health Life Full-TisA, Regular Yes Yes yes Me Yes Probationary Yes 1). Yes You Yes Yrs Part -Time, Regular Over 20 Hrs'Mk ProRated 1) ProRate:' Yes ProRated ProRated Under 20 Hrs./Mk No No No Nc No Seasonal, Temporary No No No No No 1:. Accrued but nit able to be utilised during first six months. 3e5. FRINGE BENEFITS COMNEWRPUMT Benefits s;al1 begin to accrue on the first day of employment unless otherwise stated. SF.�T3_:ei LII $LIGSaZZIT7 FCC# ll��y� �, employee benefits mentioned 1% this Perso".&1 Policy apply only •o those amp"Yfaes hired raw permanent, fill -time Positions, end specifically excludes seasor:al, romtract, part-time eg tvoprary employees. Psrmsnent employees vlro are hired far pvaitions reguirinq less than full-time may be grant" any or all exapleyee benefits enumerated 11% this pr+licy: provided that the granting of each bw slits stall be Cased m. a ratio of t" mgrloyee's actual esrfimr hours as "w"red to a full-time positive of D, Na hours Per year; anA further, that the Adlaisiststtor shall authorize the granting of al) su:'f+ baeafats in writinq. FRIMM MMfM_ - GDdR4L. DERetits stall !Ellin to accrue m the first day of amplerwRt. 3" . YACHT I ON 1. Vacation leave is authotized absence from work, with pay, Granted employees as outlined in 304. The amount of vacation leave is dependent upon an employee's length of service measured from the last date of hire in accordance with the following schedule, except that new employees shall not begin to us'e vacation leave until they have been employed six (6) months. 1-S years - la diys annual vacation 6-15 years - tS days annual vacation .6 yeats plus - 20 days annual vacation 2. Vacation leave shall not be earned tye any employee during e leave of absence without pay, suspension or time otherwise not wc:rked or paid, or otherwise not compensated, if such absence exceeds ten (la) calendar days in the employee's anniversary year. 1. Administration of Vacation Leave. The followin^ procedures will be followed in administering the vacation policy of the City: a. For the c..avenience of employees going on vacation the City will, on request, make advance payment of compensation due for the pay periods falling within the vacation period. Such requests should be !wade at the time the vacation is requested and in no case less than two (2) weeks prior to the commencement of the vacation. One week vocatiun pay shall equal the employee's regular straight time weekly earnings. b. Accumulated vacation leave cannot be transferred frVm one employee to another employee. A minimum of ten (19) days vacation must be taken annually and no 'rote than 14 days accrued from year t^ year with the balance being lost on Decemeier Slat, unless otherwise approved by the Administrat-ir. d. The maximum Vacation allowed to be paid out on termination is thirty (30) days. SECTIrm XXXXI VACATTOW LFAVT. Sec. 41. A. dii ir'ilit tar vacation Leave,. Vw:atioft low -*is autliocT-a nee roes ty, wits, ray, granted 1' perl'anent full-tisre eegeloyees. fto moot of vecaties leave is dependent upon an emplsY'e's lewt% of service measured fron his last lots of Airs in aecurd- once with the following schedule, *set that new employees shall not begin to was veest'aa lease ert.l they have been employed six (6) front". After arse (1 i year - tws, (2) weeks. After eight (0) years - three (3) weeks. After twenty (20' years - four (6) weeks. Se_. U.S. Vacation leave shall not be earned by ar.v employee during a leave of abaeere withocet pay, of time otherwise not wen ked or paid, it such absence exceeds thirty (10) days in the emp-oYee's aan_v*rsary year. Sec. 11.C. Administration of Vacatacm Leave: The following l:r-cedures w—ll sae a vwo n nisherinW tAe i vacation policy of the City: Cec. 41.0. For the r-onveeni"cv, of ewp/oyees going me -:acat.ion time City will, on regwest, sake rdvan*e Payment of casepensatime doe for _he pay periods falling within the vacattom period. Such requests should be made at the time the vacation 1.6 requested and in no case less them two (2) weeks prior to Use CowmenCeMent Of the vaCati(M. One weleOf PaCa410" pay shall equal the *mployee'z regular straight time weekly earnings. Sec. 41.E. Accumulated vacation leaves caeaeot be traisferred from* one esef•,loyee to another ewaplc/"- Sec. 41.F. Temgmrarv, part -tree or seaseaeai ampterses err Tv't entitles' to vacatsnn leave. 1. The City shall observe the following as official holidays for all regular full -tine employees: New Year's Day Martin Luther Ring's Birthday Presidents' Day Memorial "ay Independence :;ay Labor Day Columbus Day or Friday aft-r Thankagiving• Veterans' Day Thanksgiving Day Ch-istmas Day in additor they shall reopive one personal holiday to he scheduled and approved in the same manner as vacation. • As determined by "epartment Head and approved by the Administrator. 2. Al regular full-time employees wiII be entitled to receive pay for official holidays, at t:.eir normal straight time rates. Employees on sick leave or earation shall receive holiday pay. Holiday pay shall not be earned by any employee during s leave of absence without pay, suspension or time otherwise not worked or paid or otherwise nqt compensated. 3. Son -exempt regular full-time employees whn are required t-) work on a holiday shall receive an additional time and a hall pay in addition to their normal holiday pay for hours actually worked, depending on their eligibility as specified in the provisions for overtime in the Compensation Plan or shall receive another Say off in i:.-u of the holiday at the discretion of the Department Head. `h(T1I1�1 f0I1l12 PI"J.11iAyb. Sec. II . A . 7tee t' i ty i+ser"S the following to ",e Official holidayu far all permanent. full-time employees' • New yeer's lkey kasltimsteieh s mew Lislealn's iirtNWv (oiW)nsd' Siemerial fb,+ independawe raw Labor nay fr l uabu. Day Veteran's Bev Than►cg:vVe fey Chnstyw-; limy sec. l2.It. The following shall be The hErlliav pelr-, the ': t V. Sec. 12.C. Ail official holidays shall be caesrdered to commence at the heyinning of the first shift an tte day or. hd;ich the holiday is observed wA cost imm for txnty•four '241 tvmrs thereafter. Set. S2.C. All permanent full-time exploww4 will he entitled to receive pay for official holidays, at !heir polish! straight time rates, providsd thrw wort: the depsrveent's last regillar shift to wilt they would he assigned prior to the hoIiisy ad the 4gW1ft % 's fir<t regular shift which they wtarll be WSIONd following the t+liday, or are an WORW , -vim leave. Employees on extended sink leave 4 five Asps or Iett$ert shall receive hxhllda- pay. hwiovws OR ether leaves of absence from the City WhAl l poll he eligible for hol;dar pay-. Sec. 32.D. If aeh official holida, fails wttr.im an eesplovee's sr-heduled vacation, the awl( -wee sml, tie per_,itted to add an addil: aril day to his station. Sec. W.E. h lovers WhW, are remised to work on a holida+, shall receive overtime pay, is skition to !their normal }holiday pmv, depending wpm their eligibiltt: at specified In t"e prrvisions fag eeer.imt It'. the f"dntx^sat t»r hsar,. )SS. SICK I.SAYS 1. £ligibity for si_-k )save is authorized absence from duty with pay, granted to regular employees who meet certain requirements. Sick leave is not to be used at the discretion of the employee. Sick leave shall be allowed only in case of necessity and actual need as explained below. 411 regular full-time empi,�yees shall accumulate eight fB) hours of paid sick leave per month, not to exceed a total of nine hundred sixty (460; hours. 2. Siok leave shall not be earned by any employee daring a leave of absence without pay, suspensi:,n or time otherwise not worked or paid or otherwise not .ompensated, which exceeds ten (10) workini days. 3. Administration of Sick Leave. The following procedures wi:l be followed in administering the sick leave policy of the City: a. The use of sick leave will be pr:,rated in units of not less than one (1) heir. After all accrued sick leave is used, va atton leave may be deed, anri payment made therefor, to the extent the employee is entitled to such leave, but in no case shall the erpioyee _ake more than the accrued balance of the two. c. Sick leave will be allowed in casa of persona: illness, necessary medical appointments or physical incapacity of an employee. Sick lease shall not be allowed for absences due to the followingl: Use of intoxicants, willful misconduct, or any illness or %�]uuy incurred while self-employed or employed by other than the City. d, When an employee is absent from work by reason of an injury incurred during the course of City emplayment, anj is receiving Worker's Compensation benefits for such injury, the employee may charge to accumulated sick leave the difference between the employee's net City take home pay and Worker's _ompensation benefits to the extent of accrued sick leave and/or vacation benefits. 1.'TI.1Ai 7C(IIi SICK 113Aei . sec. :1.A. EliSibsLty fry Sick Lowe is suffisr►red absence from duty, with ith pay,-Ry=+-teed $11 Prime ra< f1i!1•taw amployees. 15i6 leave is not a privilege %dick OR vWloym may use at his iiscretien, but shall be al- 1 cared only in case of races s i ty and actual now as explained helm. All pertearisaat, Rill -thee amplepees, shall accumulate one (*I day of paid sick leave pry mnnth. met to exceed a total of One wedrsd tw mty (in) days. sec. 23.9. Sick leave shall met be eaarmed try any emplowee during a leave of absence withiat pas, or tore othrtwtse not worked or paid, if such absaee omzaeA thirty (10' da,,s in She ewlovm*s anniveroary year. SEC" MN ni'> AIMNISTRATI(N (T SICK 1,ElM: The foilewla`ms will be followed it administering the sick leave policy of the city: i sec. 2d..A. The u" of sick leave will be prorated in tamits I of not less than one-half (it) work day. }f Sec. _a.8. After all ac.nled sick leave is wsad. vacation 3 .rave way he uw+i. VVi laayatnt MA'r thertfnr, if. the +�1 extent the emplovee 1, entitled tc• such leave. e. To receive credit for ■ick leave, an employee must communicate with the employee's immediate supervisor prior to the time set for beginning work, or as provided by departmental rules. Employees are also responsible for keeping their supervisor advise: of their illness status to remain exigible for sacs leave, unless hnspitalkzed, in wh:rh case reasonable efforts will be made to keep the Supervisor abreast of tr.v employee' status. f. Any employee using sick leave or absent from cork doe t:7 an injury incurred during hours i! employment may be required to furnish the City with a physician's statement indicating the nature of the sickness or injury, and attesting to the employee's inability to work. No employee who has been on sick leave for more than throe ,3` consecutive days shall be al lowed to retarn to work without a physician's statement. The 'ity at its option may require the employee be evaluated by the City's specified physician. J. Accumulated sick leave cannot be transferred frns on,. employee to another employee. h. An employee who makes a false claim of sick ica:e wi. subject to disciplinary measures, .•.eluding discharge. I. Sick leave will be posted for all employees on their paychecks. 4. imergency Leave. Permission to take paid emeroon f leave may be granted by the Administrator c-, each regular eap.oyee wh., upon advance request and recommendaticn by the d,ypartment head furnishes adequate proof that a necessary medical appointment, serious illness or death has occurred within the employee's Immediate family. The term 'immediate family" shall include the spouse, childten, brother, sister, grandmother, grandfather, mother, and father of the employee or the employee's spouse. 'relatives of the employee other than, these listed above living :n the employee's household will not be c^nsidered members of the immediate family. Paid emergency leave shall not t-•t granted for a period to exceed three (3) consec.it,vo calendar days unless authorized by the Administrator. Emergency leave shall be deducted from accumulated sick leave. Sec. 21-C. Sick leave will be allewad is cast of persesal illness or rdm kcal incapacity of as asplseee. tbmever, sick leave will not be allermd aArn absence is Aes tr elan. foilawir4 the of LsA icauts, willful stwoodurt. or swy illness or injury inmrred i6ile self-o"leyed or emplaved by other than the City, W. U.G. KAer an earIVOW i% absent from wtrrt tK reewn • f an in i;i ry inc.arrod dux ►ax `he rcurse of his I in emplovsment, and is receiving •edam 's caapst.sati— benefits for such in)urv, the "Irlevve smv charge tc _is aeeusulated sick leave balance tfm difference W—r. his City tow aid kis Iltsrbw's Gostwnestiam tictirrits to the extent that hE has atcnow sick leave ternef:ts. sec. N.F. To receive credit for sick leave, an esplevee wu%t cesrsseirate with his lateediste suserviver not later tow. thirty (30) Rinutet after tuse set far tegi.-rLM War%. a as provided by do" toental rules. Depio!rees are al%n ret evisible for ke"ang their saner isevs advised of their illness states to tesuin etitAle fnr sick leave, unless hospitalised. •veil. 21.F. When or, ampienve use% aew nick leave, --rr flow* t3) lows, a 0,fsicssm's statement ss+ S* requrrd OP the first day of retsav% to work indicating the nature of `ire sickwes%, and attesting to the vwl:•vet's a, ilic, to return; to woik. !b amplovee who. has 60= a14e.t to provide meth a stateasset shall be ailmmw to reran t. work until he cxsplits nth this prmza.or.. Accumulated sick loom canvot be ttamtfsertd from acre emp;lovee to anotiesr &VAI''se, ameopt 1sldtr extreme conditions and to"*@ d by council. 's.11. An am plane wpn wakes a faux claim of sick 'save will be s Meet to disciplinary mtasares, inciading discharge, if in the epimion of the Administrator. this di sc i pl unary sessme is jstm t i f ied by the c utumotamces imrlved. Sick leave will be oestad flrr ill asgiovRts an the firs: da, of esc^. Monthhired betwerm I he fir%t a-i flftrrrtti of the, asn di will "ceive sick leave credit for that samtli. Fepleysss hired after the fifteenth of the Mantle will not receive sir4 Gave c red i t for t hs t mane►. •• •� , Fe Ties i s .- I as to take Pa::( srr 1"e;''e' . he yrasntod to each peerwaner.t e►mpl.yee wtw, n tho opinion of the Mministrator, furnishes adoquate proof that an extreme critical illsess exists, or that death has occ%ared within his immediate family. The torn 'immediate fami lv' shall incledo the spouse, children, brother, sister, or has gr.andontAer, q*an4- fatheir. =tither and fatbor of the esspXe-Yeer or his spouse. Relatives of the e►mp : o� �►e t her r t.l►�a those l i s t e:d above or 1 i v in q in his *er_. �.a � v� :1 d Will sit be cc. r;sidereed members of the iaemec!.a-e farm ly. Sec. 2S.a. paid eweerger.cy leaves tail not norsyelly be granted for a per ird to exceed thred (3) evowmMutive calend, r days. Fx► .rqw.t►cy t eaeve shall be d frcros accutulatvd s:<_k leave. 309 MILITARY Lr4VL i. The rstnstatement t3 City Aleployment of any petstn who enters the military service of the United States by ressrn of An Act of Law enacted by the Congress of the United States, or who voluntarily enlist during the effective period of such law, shall be determined in accordance with the provisions of the law granting such rights. 2. Regular fu'_.-time employees who ate members with active rtatus of an armed forces reserve unit shall, at their request, be aranted military leave when called to active duty for a period not to exceed two (21 weeks annually. Employees ;ranted inch leave shal I receive such military pay and their regular straight time pay, provided the employee submits to the Treasurer proof of sucl military pay. 319. JURY DQZT LiAVX 1. Regular employees who meet ,ertai: i:teria shall be granted paid leaves O' absence for require-y )ury duty provided that such duty does not exceed fifteen 115) working days in any one calendar year. such employees shall receive that oottion of their regular compensation which will, together with their luty pay of fees, equal their total compensation for the same pe"Od. The time spent on jury duty shall not be counted as time worked in computing overtime. An employee excused or released from jury duty dating their regular w^rking hDurs sha'_l report to the employee's supervisor. immediately. 2. Employees shall notify their supervisors as soon as possible after receiving notice to report for jury duty. Each employer wi11 be responsible for ensuring that a Report of Jury Duty nd Pay fork is cimpleted by the Clerk of Court each week of duty and submitted t,i the City so the City will be able to determine the amount of compensation doe for the period involved. SECTION 1"I MILIMay :EVE. Sec.. aS.A. fh.: reinstateswrnt rights of arty eaq+loy" who enters the Military Service of the United States by reason of an Act of Law enacted by Congress of the Unites States, or who may volu�tarilr enlist &wine the effective period of such law shall be &eter+saned ir. accordance with the pr<•visiens of the law granting such rights. Sec. 24.Il. Parmaner.t, full-t;me *vwVloyees vet,- are meee"rs with active status of an sassed forces reserve unit shall, at their requsst, be granted riilltsry leave when called to active duty for a period het to exceed two (2) 'rseks annually. rmp'.oyees granted smith leave shall receive such military pay and tl+etr regilsr straight time pay, provided the OAVIOyee submits t the Treasurer proof of such military pay. SECTION XXVIII JURY DUTY LEAVE. Sec. 2R.A. permanent, full-time eaipinyees shall be grar,tad paid leaves of abWWKr for required jury duty provi.lod that sisch &ety does not exresd fifteen ()»11 days in any one calendar year. Such 0"PloY++es s= receive ttat portion of their regslar cowpenseti which will, together with their jury pay or fees, e;.lua' their total ccsapensation for the same Period' TT" tine spent on jury duty shall not he mounted as time worked is computing overtime. An employee excused or released from jury duty during his regular working hour• shall report to his supervisor iosed►atelY. Sec. 28.9. Employees shall notify their supervisor as soon as possible after receiv+ng notice to report for iury d-,t.y. T1se employee will be reepcw'sible for ii.f,.ring that a report of ;ury duty lad Pay form is cot_pletsd by the clerk of the rsuvt eaeli week so the City will be able to deteriaihe the "'oust of mosg'- ensation due for the period involved. 311. LEAVE OF ABSENCE - NLTHOOT PAT 1. The City Administrator may authorize regular employeet to be al•sent without pay for personal reasons for a period, or periods, not to exceed a total of twenty (2i! working days in my calendar year. Leaves of absence without Fay in excess of twenty (is) working days in a calendar year must be approved by the City Council. In no instance may a leave of absence exceed 180 calendar days. Employees shall request ouch ?saves of absence without pay in writing we, 1 in advance of the date so desired. 2. Leaves of absence shall not be given for the purpose of enabling any employee to work for another employer or to engage in any form cf self-employment. Any employee who obtains a leave of absence after misrepresenting the purpose thecetore shall be disciplined Including discharged. 312. CANCELLATION Or LEAVE The City Administrator :nay cancel any leave of absence, aXcept military leave, at any time upon prior written notice tt the employee specifying a date for return to work. 313. INSURANCE The City Council shall establish the dollar amount for basic single life insurance and group hospitalisation, surgical and medical insurance for all qualified regular City employees for those selecting single coverage and a separate dollar amount far those selecting family coverage.. i'.N XX' X !-W% o! AIWf6MCL wl'1' RO t$T . s• :?.A. The City Administrator- may asth.,:ita regular employees tc he abeeat without pay fir persona; reasml s for a period, or pariods, not tes-reed a total of ten (10) working days in any calendar ye*r. Leaves of alboon^e without pey in *arms* of tens il': days in a calendar year must Ms submitted to. and approved by, the City Councii. 1(aiployees shall requea. such leaves of absence w.t%nt pay ir, wTi•.". w"ll in advance of ttso date so desired. Se. 29.a, Craves of absence will nt+t be giver, for the p..rpo" of enabling any employee to M%ra for enotr�r srployer or TO engage in any form of se,.f-esploysent and any employee wtu., obtains a leave of absence by ■:arepresenting the purpose therefor shall be dasch4Y1PW SB( RIN 3=1 CNCEU AT 1@i rw LEAVE. Sec. 31.A. Tine City Admis!"Tator Nov cancel arm teems of st'sence, excefit military lamve, ter just cause at anv time apoe prior written sauce to thr aw*ICA" sperifvift a reossnah't date for retunsing to work. SW7low XXrVII HnspiTAL1:ATrffr PR ,%%wt +'.k. The City !hall pay W-1 !'ie .ea of grow hospitalization, surgical and medical insurance for all Permanent, full-time City aasslowars and aM of cos! to covet their eligible dewrederts. 8ap10�roes will pay the resmindeT of rise afmvwient,anwd cost by psvroll deawtion SFCTIa% ICxxvIr: I.." !`'q%V%?. Sec. W.A. T!h city shall Pav the cost of -fe !r:-'rrvwe for all pwrwmient frill time employees. 314. PUBLIC QIPLoysss "MIRVgXKT ASSOCIATION All persons hired for regular pusitionc with the City are members of the Public Employees' Retirement association unless otherwise exempted by gualification or election provided by law. 31S. SOCIAL S®C'OSITY rvery employee, (unless specifically exe-pted by law,) shall be subject to the provisions of the Federal So•_ia'. Security Old - Age and Surviaor's Insurance Program, an-' deduction to cove- such payments shall be made from each payroll. 316. PAT DAT The ceqular pay day for all City employees shall be alternate Wednesdays. When a regular pay day falls on an official holiday, employees shall receive their checks the preceding day. "MI11lIM? MRQITS SECTION XXXXVII m"Ic UNPLDY P' I4 ['TI1t1llM l! ASSOCZATI A. All periops hired for permanent and r" .,isr pnsitlons with the city of orono are meabmrs of the Public employees' letiressent Asssxiaption. Irfor*nation on the PfItA prograw is avail&bl# tr:ar the Administratir's office. SECTION XXXX SOCIAL SWUNiTY. Every employee, eXc*pt. menders of than Police Department, shall be sub yoct to the provisim s of the Federal Social Seccarity Old-AMe awd Auruivor'e Insurance Prograe, and isductson to. covrr s4c1, payments will be made from each payroll. SECTION XXXV PAY LAY. The regular pay day for all C4ty employees shall Le Wednesday. Sec. 35,B. When a pay day woaid fall on on official keliday, sasployees shall reeeive their cheeks the preceding dater. 317 . RR 1 MBU RE SMOM - SC900b, COMtIIMMC" AM S 1111 "Ns 1. The City shall reimburse employees for costs incurred for conferences, classes and eesinars that the City [-quires an employee to attend as follows: a. Mileage to and from destination and/or transportatioa b. Tuition or fees for conferences and aeminers C. Required lunch or Ironer out of the Metro area as provided in a separate City policy d. Textbooks e. Lodging if necessitated by locstian 2. The City shal l nct pay any wages to the emp_oyes should the class, seminar or meeting occur outside the estaolished offrca hours unless so required by law for nor. -exempt employees. 3. If the City does not require the employow to Attend, tie employee snall be reimbursed only for those items approved in advance by the department head. 310. SSVR1urCR Employees who resign cr retire in good standing with praper notification shall be eligible for the following benefits upon terwination: a. Payment of secured vacation at the rate cf pay at which the employee terminates, not to exceed 248 hours in total. t. A .full-time regular employee who has been sc employed for a mit,lmum of three years shall re.7eive 1/3 of the employee's unused sick leave balance, at the rate of pay at which the employee terminates, not to exceed 329 hc•jrs total. SeCY'IM XIISZVty>APA" PAY tach employee with two t71 ytars or more of service with the City of ttrv"o (employer) , will r*imiee myroa homer al le tersination of employwent ~,`third fl/I , the ssVloyee's accwnctiated sick lea-*- as severance pay. ArVI I N I STRA71 VE AND PE it POLICY SECTION 1. AUNIMISTRATIVE ORG&MIZATION Ill. PURPOSE The purpose of this Admini!rrative anj Personnel Polley is to establish procedures as autnorised by Section 2.10 of etono City Ordinan-e so that the City m=y ,oertzir■ its ►unctions in as effective and efficient canner. This policy will serve a+ a glide to administrative action concerning personnel matters, and provide ,he City of Orono employees and the publ ie with a statement of the personnel orogras of the City of Orono. This policy supersedes the Administrative Organization Policy adopted by the City Council on January 26, 19'•.. The Adeinistrative and Personnel Policy is intended to provide only general guidel,nes on City policies, lu is not intended to be a statement of the terse of .,! employalent contract between the employee and ;a• City and is not intelded to be a promise by the City to the employee *iat the provisions of this ::anual will be followed in all eases. ;he City retains the right to alter the provisions of this manual in writing or otherjise and wi-ho.:t notice, as well as the rigr.t to very the procedures and rules set forth rrenever it deems such variances to be appropriate. Either the employee ar the City say termia*te the e Bpi-)yment relationship at any t.se, for any reason. AMINIS"ATIVE OMGMIIATION SECTION I Pulrost Sec. I.A. It is the psrpmae of this Personsaei Polley to establish pgvwmftres y%i=.p Will 1,om i t * `w pe rasw": plograa of oromo tc operate IT. a! efttciaat f,"Joo' Ttis Policy will serve as a 'oiabe to adsiimistrativ« action ®s000rmint peroonwei sorters, *^a iR add,ttrn will plOvide the employees a," the public wit% • acstw- sent of the Ncrsornaal prograa of Orono. 192, CITY COUNCIL AUTUMITT 1. The City Council, as the elected legisla :e policy making body of Orono, is responsible to the citizens of the City. The Council shall appoint an Administrator who is responsible for the administration of :he municipal government to serve at the pleasure of the majority of the Council. The Ad.*inisttator, with the concurrence of the council, shall appoint u0partment Weads who shall be responsible and accountable to the Administrator. Iill personnel shall be responsible and accountable to the Administrator as hereinafter set forth. to -Not of emotgeacies, the Mayor stay supersede the Administrator :.I* Maycr dene+s such action necessary subject to the subt_yaent ratitication of rescission by a majority of the Council at the nest regular or -special Council meeting. 2. When the Administrator is absent du• to busir.ess, vacation, illness, ur other leave, the Administrator may appoint an Acting Administrator from the existing staff. The Acting Administrator s'iall so serve at the pleasure of the Administrator. Should there b*- no Administrator, the Mayor with the concurtence or the ,'nunril may appoint an Acting Administrator to serve at their pleasure. An Acting Administrator shall have that authority gtented that person by the appointing authority. bbt.'•r I Um I i CITY CtRWIL Sec. 2.A. The City Couacil, as the ciected legislative policy making body of Orono, is responsible to the cit..seni of the City. The Counc►_ shall appoint an Adeinistrator who is responsible for the o4ain.strat.on of the municipal govezament to serve at the plsasere of the majority of the Council. T1he Adrsinlatratcr, with tt.e concurrence of t»e Council, shah appoint Departraernt heads who shall be responsible and oeccunt- able to the Administrator. All persaraw l sfa:l be responsible and accouitt.able to the Administrator as hereinafter set forth. In times of ssterger,cies, the Mayor may supersede t:.e Administrator if 'e deems such action "pessary subject to the ratification or rescissior by a gajority of t`*e Council at the next reg.,lar or special Council meetir.q. 163. ADMimiSTRATOR'S DUTIRS MID RRSPONSIBILITIRS The general duties and responsibilities of the Administrator shall include the following: 1. Supervise and direct the administrative affairs of the City and all departments and contractors thereof and to seek effectiveness and efficiency therein. 2. Advise the Council regarding the policies, affairs, financial -endition and needs of the ::ity. ?. Recommend an .innual budget budgets to the Council. {. Carry out the policies, budgets, and directives o1 the Council including a:,y attendant purchasing functions. S. Preserve the publi- peace, health, and safety of persons and property ani see to the enforcement of he ordinances of the City and general taw. 6. Administer the personnel program of the City. Perform such other functions and have such other ? vozs as may be established by general law, ordinance or resolution of the City, or as agreed to by the Administrator and the Council. SECTIOII III ADMINISTRAMA'S C=EPAL M'TIRS A" RUP0*5Ib1LMIS Sec. 3.A. The general duties and rosptmoibilities of the Administrator shall include the following: Sec. 3.8. To supervise ant direct the administrative affairs of the City and all departments thereof and to ae-.. effectiveness and efficiency tbore.n. Sec. 3.C. To fully advise the Council regardlrg the policies, affairs, and financial ctmdition and needs of the City. Sec. 3.0. To recommend so annual budget or budgets to the Council and to carry out the ;-lictes, budgets, and directives of the Council. rec. 3 F. To preserve the public peace, health, and safety of persons and property and see to the wwfor�e- mwnt of the ordinances of the City and general low. Sec. 3.F. Tr., administer the personnel prrgraw of the �.•.y. Sec. 3.G. To perform such cthoi functions and have su other powers a.r may be established by general law, any ordinance or resolution of the City, or as may be required of, or accorded to him, by the Council. 1 N . DEPARTREYT HEAD'S DUTIFS Ate RRSP06i1RILITI9i :ity department heads are expected to: 1. be immediately responsible and accountable to the Administrator for the effective administration of their respective departments and all activities assigned thereto in accordance with ter procra■ and adopted bud iet. ., Sut,mit such reports of the depdrtrent activities of their departments to the Administrator az requested. ). Effectively supervise departennt employees and to maintain efficiency in their opf•rations. Department Heads may adopt and enforce departmental rules and regulations not inconsistent with this Administrative and Personnel Policy, wita the approval of the Administrat-)r. should one rule or regrletion t,e more stringer, than the Cher, the m-re stringent shall apply. 4. Report upon the efficiency of subor3inates and will notify the Administrator of changes in duties of their employees in order that the compensation plan can be maintained. SECTION IV DEPART!!M HEADS Sec. I.A. The department heads are expected tu: Sec. 4.�I. be immedistely responsibl- and aecocu:tal is t. the Aftinistrator for the sffe ti.ve adTinistra•_ica, of their respective departments and all activities assigned t%ersto in accord&r-e with the program and a:iopted budget. Sec. l.C. Subnit such reports of the a:•iv_ties of their departments to the Administrator as he shall req:ies•. Cec. I.D. Effectively supervise their esepioyees and to maintain efficiency in their operati::,ns. They may adopt and enforce departmental rules and requlations not inconsistent with this Perscirtrel Policy, with tAe approval of the Administrator. Departsrat heads will report upon the efficiency of their subordinates, notify the Administrator of changes in duties of their employees in order that the clossificat-Or. plan will be maintained. lrs. RESPONSIsIGITINS OF CITY RIVLOYess 1. For effective serv.ce to the community, administration and i-,plementation of City po'.icy, each employee must cooperate to the fullest with all fellow ,-mployses and the public. City employees have a high degree of visibility to the general public and there- fore must exercise patticular care and caution to ensure that all work undertaken is accosplished expediently and with efficiency. To achieve this goal, saployees mist adhere to established rules and procedures and follow the instructions of their supervisors and department �•+3.. 2. It is the responsibility of each employee tot a. Perform a--igned duties to the best of the employee's ability ;.t all times, and to continually stri.e to improve performance. b. Ermler prom.- snd courteous City services to t1a pu. _ 1 _ at all time: Read, understand and comply with the rules and regulations as set forth in this Policy as well as departmental riles. 411 employees shall sign a statement acknowledging their reading of such. Any employee who fails to comply with any of the provisions of this Policy or rules and regulations adopted theteundet, shall be subject to disciplinary action, including discharge, as set forth in this policy. d. Conduct him%herself with decoram and respond t, c �a:•s for information from the public and other e+pioyees with courtesy and patience. e. Report all unsafe conditions and injuries to the employee's immediate supervisor on w.;;.topriats forms. f. Recommend ideas for improving City services. or methods for achieving greater efficiency or economy. FKpt.oyix PrspoMs*,iLmrs SECTION XXXXV: PESPONSIST`.MES Of` CITY EM!' oyrrs. for the effective administration and isg>le- mentation of City policy, and to serve the cit.iie•s, each individual rmployee must cooperate to the fullest with all fellow employees and the public. Public employees have a high degree of visibility to the general public and therefore must exercise particular care and caution to ensure that all work undertaken is accomplished expediently and with efficiency. To achieve this gral, employees mist adhere to established rules and procedures and follow the instruct inns of their supervisots Sri.'. depaitieent heads. Sec. 46.A. It is the re-Ncnsibility of each em,:ic;y.e t_. Sec. 46.H. Perform his assigned &;ties to the test of his ability at all times, and t:, continually s•r.:e to improve his porf:;rwatnce. Sec. 16.i. Render prompt and courteous service to the public at all tines. Sec. tE.r. Read, understand and comply with the rule- and regulations as set forth in this Personnel Policy as .ell as those of his departmewt. Sec. 46.E. Since he represents the City at all times, to shall conduct himself with decorum and respond to inquiries and information with patience and every possible courtesy. Sec, 46.F. Report all unsafe conditions to his immediate supervisor, and also report all injuries to his immediate supervisor. Sec. 16.0. Recommend ideas for improving City servi.rs, methods for achieving greater efficiency or _cor-o y. 106. APPLICABILITY 1. The balance of this Policy shall apply to all e p loyeos and officers in the City except the following: a. AlI erected officials and member: of boar -is and C O^:'11f S3 �n3. b. City Administrator, City Consultants. Consultants' contra..^.t employees and others rendering temporary professional services. 1. Volunteer petsonne! an.l personnel appointed to serve without pay on advisory boards or commissions. Volunteer personnel may be subject to department rules. These regulations s..rersede all previous regulations applying to -+ersonnel matters. r'.ose regulations may be modified by employment contracts iin f t City and re-_ognized collective bargaining units, to -way are specifically altered in contract documents. 4. These personnel rules *ball be adopted by resolution as specified in Section 2.19 of the City of Orono's Municipal Code and may be further amended by Council resolution. SECTION V APPLICABILITY Sec• S.A. This personnel Policy *hail apply to all employees and officers in the "ity except the foil.winq: A. All elec!ed officials an embers cf bca-ds and commissions. B. City Administrator, City Consultants. C. Consultants and others renderinq !emporary profession.&! services. D. Volunteer personnel and personnel appointed to serve without pay. Sec. 5.1i These regulations s zegulations a 1 rn to personnel Matters. Pp Y 9 Sec. S.C. These regulations may !Ie modified by es;loy-tar.t contracts between the City and recognized collective bargaininq units. 107. DIMINITIOUS 1. Regular full -Time Employee: an individual who has successfully completed the required probationary period and who is employed on a schedule that averages at least 46 hours per weak pet calendar year in a position so funded in the applicable year's budget. 2. Regular Part -Time Employee: an individual rho has successfully completed the required probationary period and is employed on a schedule of less than 49 hours per week in a position so funded in the applicable •;ear's budget. 3. Probationary Employee: an ind.:idual who lies been assigned to a fu11-time or part-time position but who has not co"Isted the probationary period of one (1) year for that position. 4. Temporary Empl.nyee: an individual who han been appointee ioi either full-time or part-time work on a temporary basis for a gmriod not to exceed six months. 5. Benefits: vacations, paid holidays, and such other benefits as are approved by the City Council. 6. Fiscal Yetar: the period a` time from January 1 to December 11, inclusive. 7. Employee: an employee subject to the terms of these personno. rules, unless the context in which the word appears requires a different mean:-g. B. Exempt: personnel who are in position exempt as provided for in the Federal Pair Labor Standards Act. 9. Non -Exempt: personnel who are subject to the provisions of the Federal Fair Labor Standards Act. SECTION VIII DEFINITION$ Sec. S.A. *P*qular full-time ruployaie" means one wp.r,.. has successfully com-•leted the required probaticu ary period and w`.o is e+nployed On A sr.#e9ule '%f at least 4G hours per week. Sec. B.B. 'Regular part-time eiaployee` means one who has isecessfully completed the required probationary peri_�d and is emiployeed on a schedule of less t`.an 40 hours per week. Sec. B.C. 'Probationary employee" means one who has beer assigned to a full-time ar part -that c�ositior t w:)o has not completed the probst:onary period cf six r. -ths. Sec. S.I. 'Temporary employee' means 11-Ne wt') hes r•^ ' appointed for full-time or part-t:me work On a temporary basis for a period not to exceed six months. Sec. B.E. "benefits' means vacations, paid holidays, end any other benefits as approved by the City Cauncil. Sec. B.F. 'Fiscal Year" is the period January 1 ie December 31 inclusive. Sec. B.G. "Employee" means only an employee sub;ect t.. the terns of this resolution, unless the context in which the word appears requires a different meaning. Ife. RECORDS POLICY 1. The City shall maintain a personnel record for each employee. ,.h:-•so records shall be the official personnel tecords of the City and are, therefore, ispu:tant to all employees. Such records are suolrct to applicable data privacy laws with not public data sr_parated in the personnel record from the public data. It is the responsibility of each employee to check with the Administrator's office at least annually to ensure that the, data below is correct, and reflects current information about the employee: .1. correct h_•me address and tel:•yt;>ne number b. change in dependents C. person to contact in case of emergency J. beneficiary changes (group life insurance and pension; e. legal change in nzme. 2. Personnel records, including physical examinations, performance evaluations and histories, shall be open for inspection and review by the employee subject of thr record, &-- authorized representative of the employee, and City personnel wh., have authorized access to employment records. Review of personnel data shall be during office hours in accordance with such procedures as the Administrator say prescribe. The Administrator shall maintain records necessary to the proper administration of the personnel system. Nothing in this section _.-all be constructed t.) prohibit the public's access to records deemed public under the Government Daia Practices Act. SECTION XXXV1 Sec. 16.B. Sec. u.C. Sec. Sec . Pupown LVCORD 'T EKFI,UYEZS. The city Adsu nistrator shall mai.,;-i a Pars(.: a. record of each employee. These pers(.'&I rs ords s`.ail be the official perscnne! records of the City and are, therefore, important to all eMPloyees. It is the responsibility of each amPloyee to check with th;p Administrator's office at least annually to insure that the data bclew is correct, and reflect current inforaatirn about the asployee. It shall be the ettplcype's rc.por.siLilit.y to see that tfr followir,3 items are k currentat all t:me4: SEC?ION XXXXIX Correct hose address and telePter:e nu ,er. Changes in :ieprn.ients. Peron to Contact in ease of em. ,. .:.. betreficisry chaV. es (O,rtar ..ife :....rarx_e wA Pension). Legal char•.ge in :.axe. RECORDS OF THE KANA"k4'S 'A*F CE. Personnel records, including eraminations, service rating reports, individual personal records and histories, shall be open for inspection end review by the employee concerned, his authorized representative, and City personnel authorizeA acr'ess to employment records during office ho..Fs in accordance with such procedures as the Administrator may prescribe. The Administrator shall maintain records necessary to the proper administration of the personnel system. SECTION 2. IN SERVICE ACTIVITIES 201. RLCRUITHM? AND SELECTION 1. The City shall employ the means it !eels are appropriate to recruit aaplicantsforpositIons it desires to I.11. ?.11 selections, appointments and promotions shall be made on the basis cf merit and fitness. Examinations, when required, shall relate to these matters which will test fairly the capacity and fitness of the candidate to discharge efficient!; the duties of the position for which the examinations ace herd. 2. As part of these examinations the City say requite the s^plican,t to successfully complete a physical examination, which nay include a medical history, for the purpose of determining the applicant's capability to petfors available employment. Such tests will meet the requirements of applicable state laws. 202. APP01WTW4WTS All temporary, probationary, and regular appointments and promotions shall be made by the City Council unless delegate] ny them to the Administrator as the appointing authority. Sec. 9.q. All appoint,aerts and promotions shal_ be wade on the basis -1 merit ar.d fitness. ExaminatldAs, %*"n required, shall relate to these ma•ters whicia will test fairly the capacity and fltsess of the camlidate to discharge efficiently the duties of the Pmmition for which the examinations are held. Sec. Y.C.. Physical an.1/or psychological e:asinatlo"s say be required if in the opinion of the City Council the position to be filled (by appoi.mtseat or prmctiar; is ore which would demand physical conditioning akw ve that normally required or mental stability sufficient to ensure the fulfillment of a pooitios with duties involving great resprmsibilit: or trust. SEC —ION : X APP0: MTMLW75 Sec. 9.A. All temporary, probationary, and regular appointments and promotions shall be glade by the City Council. 283. PRO"V10"RY PIMIOD 1. The probationary period shall be regarded as an integral part of the selection process and shall be utilized for observing the employee's work, for securing the most effective adjustment of the employee to the employee's position, and for rejecting any employee whose performance does not meet the required work standards. ' Duration. All original and promotion&: appointments shall he ;aobationary at:d subject to a probationary period of one (1) year of continuous service after appointment. At any time during the original probationary period, an employee may be transferred or dismissed in the vole discretion of the City without any !i administrative he- g. At any time during the prom 0titinaI probationary perio, an employee may be placed in the position occupied previous to promotion. 3. ?erforman-e :-ports. At the and of every three (3) months of the probationary .:riod the employee's immediate supervisor shall submit a written report to the City Administrator based on o',servation of the employee's work and the supervisor's judgment 33 to the e+npinyev's willingness and ability to perform job duties satisfactorily. A copy of this report will be given to the c-+pIoyee. 4. !tow Completed. At least ten (10) days prior to the expiration of an employee's probationary period, the employee's immediate supervisor shall make a written report to the City Administrator recommending the employee be retained, dismissed, or placed in the employee's previous position. A copy of this report will be given to the employee. S. Lea-:e Benefits During Probation. During the initial probationary period, but not during a promotional probationary period, an employee will not be paid for vacation leave from w.;rk but will receive pay for legal paid holidays. After six (6) months of service, an employee will be -ntitled to vacation leave accrued from the start of probationary employment. Group health and welfare benefits shall start a month after the first day of the month f-31lowing appointment; however, any waiting periods shall be according to the terms of the group health polity. so payment will be sad* for accrued leave during the probationary period. Sick leave benefits shall accrue and accrued sick leave may be used during probation. i. Probationary Period. Probationary periods may be extended under unusual circusstane*e for on* (1) additional six (6) month period at the discretion of the appointing authority. 5ECT!^N X PRODATIZWARY PU(I-Ot Sec. 10.A. The probationary period shall be regar'r ayan integral part of the selection process and shall t+ utilized for closely observing the employee's wort. for securing tie most effective adjustment cf t.hv employee to his position, and for rejecting any employee whose performance does rot meet the r"--. !rd work standards. Duration.. All original and promotional appoint- ments shall probationary and subject to a prabaticn- ary period of six (t) months service after appvi^tment. At. any time during the original prcL+ationary per3:.4, an ample C say be transferred or dismia"i. A• -y time d; , the promntional pint &tic-:sry 1-ri .-d, in employet y be placed in the Fasiti•n he ^re`.'iuCs A rromoticn. f.� C. Performance Reports. At the enJ of t'., firs- three a>,,tt;s oiTtte probationary period, t'�:- esiployee's Aasaediatr supervisor shall submit a written report to the City Administrator or: his c:`servation of the amployee's work and his judgment as to the employee's willingness and ability to ptrfore his duties satisfactorily. A copy of this repot will also be given to the employee. Now completed. At least ten (M days t�-. . -.c• the espi a�iort O T an employee's probationary pari,d, his immiediate supervisor %hail make a written report to the City Administrator recommending the emplevee be nnaimd, dismissed, or ,:laced in his previous position, with rvesc•ns. A coley of this report will be Riven to the employ". 10.E. Sick Leave and Other benefits Ourir. Prgb t o90. During t6e initial probetionsty yvr:o�,�at rust caring a proswtional probationary period, an emg,lay*e will not be paid for env_ absence from won# with the exception of legal paid holidays. After six (4) months of service. an employ" will be entitled to sick leave and vacation► leave to be ec^rued from the start of probationary employr#*nt. Group ►.earth mad welfare benefits shall start the first day of *ne month following appointment; however, any wa:::ns periods shall be according to the terms of group health policy. Sec. 10.P. Probe tic+nar Pe ti !riod. The probationary period may in !MarOf thr city council be extet,Jef fcr one (1) additiorai six (61 month period. 294. T61sPORANT APPOtnTRIW" 1. when Made. If necessary to prevent the stoppa)e of publi business or incor.venieace to the public, the appointing authority may eke temporary appo:-i'_eents. 2. .'erm:nation. A temporary appointment shall terminate: a. By action of the appointing authority; or t:. By the effective date of a regular appointment to the position. I. senefr:s. Wo benefits shall be given fir service rendered under a temporary appointment, unless said .empatary appointee shall at the time of the appointmert, be a reaualr or probationary employee in another capacity, in which cap the employee shall be entitled to the same vacation leave and sick leave allowances that are provided for prnbationsry or regular empio,•aes. S T1Qi M PNMSI(JWAi. AMTWrMDfS. Sec. 16.A_ When Made. If necessary to Pr-mt the •toppaf- of prblic- ri UWSs or iaco"ee+sience to the public. tut not ot-tervise. the city Cawncil my sake peovi+ionsl APMintments. Sec. 16.B. Termination. A provisional sMointsaTt shall terainate: A. Ik active of the r ty cmax11 nr B. ley the effective 3ste rf a rerular apM4ntarent to the portion. Sec. 16.c, Benefits, NO henef;ts shall be river+ for wry ice left fired unJe ; a prflv l S OnA l apPo ra4ent , unless said provisional apgrrirtee stall at the time of the Prw:sival appointment, be a rmsmnntert emplovee in anot!mr cagKity, in which use he sha11 be mantled. to the ;Ame vacation lease and sick Iowa allasasces that are provided for probat.ialarr or prime ent arplovees. 205. "Wits of WORK AMP ATTLMDAMCs 1. %mpioyees are expected to be regular in their attendance and to observe the wetking hours ewtablished by the City for tneir respective departments, division and position. 2. It shall be the responsibility of the employee to a:jtify their supervisor prior to the tine set for beainning work, or as provided by departmental rules, if unable to report to work as scheduled. €mployees who fall to notify their s•ipervisot of their inability to report for w.>rk shall be report►d as absent w►thosit 2ej:e, and Viall be subject to disciplinary action, including discharge. SECTIO" XXXIII ROi7Rs of "Ralf Ally Ar" . Sec. 31.A. The norisal work Wert for city esWlry.es shall be forty 440i hours. T%& normal work da, shall c4.;eesiat Of eight hours is . the normal work Yo r shall tosisast of 2,080 hours. Sec. 33.9. Es"ployees are expected to be regalor in their attendance and to (:,sere the wvrktns hours estautisAed by the City for their respe,.ivw Oepartsat�ts ame division. Sec. 33.C. It shall be the resgcnsibiiity of the 0041eyw. to notify his supervisor prior to or not later than thirty (30) minutes after the time set for l"iraiinO work, or as F r".-xded by departa "tal rulers, if enable to r►port to work as scheduled. Employees who fail to notify their supervisor of their i-ability to rep<j,t far wor: shsli b► reported as &bsent rkth"t leav& , and shall be subleet to die-iplinary actaen up to and including diacl"arp. 206. IlRILAKS Authorised bre..,ks shall begin and end at the esployero'■ assigned work ate&. Authorised breaks shall include a break during the first four hours of work, a weal break and the second four hours of work and shall not exceed one hour in total for all breaks in a day. Department Heads are responsible f.r schedalinq su_h breaks for department personnel and way adopt department rules specifically addressing such brooks. 297_PIt P(40&hW[ !VALUATION "-re she/'I be a minimum of one (1) written performance !evil annual basis for all regular full-time, regular part- tim:- probationary employees as outlined in section 243. Th ion wil_ include a review of the employee's major ties, an appraisal of the employee's job performance, i :ion of any areas needing improvement and an action plan fc -ction or improvement, inclodinq the establishment of futur _rfa:mance :bjectives. 2. A personal interview between the iwmeurate supervisor and the employee shall be conducted by the supervisor within a reasonable period of time after receipt by the employee of the supervisor's written. evaluation. A copy of the written evaluation for each regular and probationary employee shall be subairted to the City Administrator for review and shall be filed in ea:h employee's personnel file. An employee mkist receive an overall evaluation of `satisfactory' performance to be eligible for a salary performance incrzase. SRCTICI; xxr.ly f,fn" ► A oDs. Sec. 14.A. Ttfe specified lunch perieds "all boetr awa a*d at the sarployee's "sign" work area. Departwe" hvrAs are reepoasible for scheduliwq lane% petiods sa as aw+! to interfere with ro ulat city werk. 292. GtigtlA--a l06ICT SECTICN U CRIEVANCE POLICY. 1. It shall be the policy of the City that full and free No It is the policy of the city to prevent the opportunity for discussion of grievances is eneourageA. submits a ccc:jrance of orievanees and t:, deal prosftly with action will be taken against an employee who ch a which occur. punit' griev, in good faith and follows proper procedure. The cievan;e The City wi11 handle grievear•es promptly• g When a grievance cornea to the attert.�n supe-•'sory emg,lovee of the City, the supervisor 2. procedure will consist of three steps. ..n emplo—ee shall oe tion if the sha scuss all relevant circumstances with the deemed to have waived his/her rights under this Sc es• a (and his representative if he desires), employee fails to follow the procedures as outlined herein: c.-'- r and examine the curses of !.he grievance, and attempt to resolve it to the extent that ~' e a. Ste one. When a grievance regarding benefits or working the posse!.ses authotity. c rcusatances is brought to the attention of supervisor, that supervisor shall discuss the '} If the grievance cannot be settled at this level, es>Fl—e's relevant circumstances with the employee, consider and and attempt to it should be reduced to writing and signed and examine the causes of the grievance, be at this + examineolve submitted to the Department goad. The wp&rt w-.t it. if the grievance cannot settled by the Head will discuss the grievance w-th the empir-pee level, the grievance shall be reduced to writing the employee's Depart and give his written decision to ilium within tt_-s, employee, signed and submitted to (2i) days of the initial 1]1 days. sent Head within twenty discussion with the supervisor. If the employee is not satisfie4 with t.or b. Ste Two. The Department Head will discuss the grievance decision of his Department Mead, he say request a meeting with the City Administrator. he shall wit the amp, yee end give a written decisiOn within ten if the { . his grievance in writing end sign it. The City (le) days of receipt of the written statement, the Department Head's Administrator ,t.rll explore the nature of the employee is not satisfied with request a meeting with thr grievance and discuss all relevant circusistar.-es decision, the em?loyee may to the Administrator with the employee and sake an investigation into City Administrator. The grievance by the employee and sighed the nature of the grievance. The City Administrator shall be submitted in writing days following the response or passage of shall give his decision within three (3) wc-rkinq days in within ten (Ii) deadline. writing unless a longer time is agreed to by the the Department Heads's response parties. C. StepTh!ea. The City Administrator shall esplore the relevant it shall be the F-licy of the a City that full ^C nature or the grievance and discuss all the ampioyo,. The City Administrator free opportunity :r discussi,3n of grievances is circumstances with decision in writing within fifteen (15) daYs de er.cc�r ed. !Io a 4 punitive action will be taken shall give a of receipt of the written statement of grievance as to against an employee who subm'ts a grievance ir. good faith. whether or not any action will be taken in response to the employee's gTievasce. 299. DISCIPLINARY ACTICII 1. The method of and procedures for disciplinary action shall ie dotesfined by the City Administrator, subject to approval by the City Counci: if the action involves suspension or termination. 2. Employees may be disciplined in the form of: A. oral reprimand b. Written reprincid C. Suspensions with or wiLlout pay d. Demotion P. Transt•�r f. Discharge 3. In all cases of transfer, demotion, or dismissal, the yeas --is for such action mus.. be presented in a dated, written statement to the employee ct'_ected as eron as practicable after the action has taken place. 1. An employee may request a meetinq with the City Administrator to discuss any disciplinary action taken against tte employee. .he employee must submit the request in writing and stare the grounds for the request. The City Adstinistratoc shall meet wit❑ the employe* within ten (18) days of receipt of the written request. S. Cause for disciplinary action including reprimand, suspension, demotion or dismissal shall include but not be limited to any of the following: a. Incompetency, inefficiency or neglignece in the performance of duty. b. Insubordination, including, but not limited to, refusal to obey an order which a superior is entitled to give and have obeyed, or refusal to do assigned work which the employee is capable of doing. Public statements which are slanderous or libelous. d. Tardiness after written warning. e. Unauthorized absence or abuse of leaving privileges. f. Being under the influence of intoz�cating liquor, a controlled substance not prescribed by a physician or other substances adversly eftecting employee performance while on duty. g. use of offensive conduct or language tc.ward the public, City officials or employees. h. Conviction of a criminal ..ffense of misdemeanor involving moral turpitude. SF: :Ii!N XIT DISCIPLINARY ACMOMS. Any employee in the service of the City may be disciplined for cause. The method of and procedures for disciplinary action shall be determined by the City Council. Sec. 12.A. Re rI" nd. An employee slay be pitmen an oral or srritttsw repriced by his sgpervisor or the City Administrator whenever his performance falls belcw expected standards or whenever the employee is au,:ty Of misconduct or disobedience in a sorter. Sec. 1.:,B. Sus nsiar:. The City Administrator in c"'nsultatlon with the. Departaaent Mead may susp*_1 an employee without pay for disciplinary reasons after due notice of rease+ns being given to _mti loyee. suspensions shall not exceed 30 workirg days fr>r arty one offense and shall be conf1r1r4ed by the Cit. Council at its next Aeqular me-t.inq. Sec. 12.C. Demotion. An employee may La derketed by tie City Councl for inefficient perfc:rmarce of his duty, for disciplinary reas^�ns, r.r f.-r ga-A sad sufficient reasons. Sec. 12.n. Dismissal. Officers ar.d roployees sub;ect to the Provisions of this resolution may be rerar;ved from City employment by the City Council for cause. I± Dismissal for cause shall be grounds fcr denial of �{ the employee's terminal benefits incladirq accumalated vacation leave, sick leave or other severance pay. Sec. 12.E. Causes tor- Disci llnar Aetior:. Evidence of any of tip fop owing acts s 1 be cause for disciplinary action including'reprimand, sus{ensicr., demotion or dismissal: A. Incon etency, inefficiency or neglige�.-c in the performance of duty. D. Insubordination, including, but not lIm&ted to, refusal to obey an order which a superior is entitled to give and have obeyed, or refusal to do assigned work which the employee is capable of doing which has resulted or reasonably might he expected to result in 1 loss or injury to the municipality or to the public. C. Public statements wt;ich are slanderous cr libelous. D. Repeated tardiness after written warninct. E. Unauthorixed absence or abuse of leave j Bake reasonable provisions for Payannoyance itl privileges. i. Failure to pay or t o of debts due or owing, causing thereby F. Deing under the influe-.ce of intoxicating provided officers and e, loyees of the City; p earnings shall not be cause liquor or prohibited nareoti.:s while On duty. garnishment of an employee's dissisSal unless the eirployee's earnings are subjected day of to four or more garnishments within ■ ninety (M period involving more than one indebtedness. G. waritsw use of offensive Cxh%+ct Or j. Negligence in the handling or control of City property oc 1angmRe toward the public - City officials or employees. in performance of erpl,yee duties. in the performance of an employee's H. Carrtcti:xi of a criminal offense Of irvolvine snrsl tirnius:e k. Proven dishonesty Mitdem-anor duties. this policy. . IFailure tr -av or make rea-ona)'•le 1. Viclation of any provision of law or of '; prorisiors for nsvfflent of vist de''ts violation of personnel or department regulations. due or owing by him. causing thetety areiof&rice to officers and asployses ^f n. Any other conduct which is detrimental to the wall being health, welfare or the r:lty-. provided that gsrnishmmt of an emplove'e's earnings shell wot be of the City or which detracts Eros the cause of dismissal unless the employet" safety of the community. earvings are subjected to four or wore ty any disciplinary action of garnis.ivaents within s ninety (90) dad' 6. An employee who is aggrieved hearing City eto period inwlving more than one ince�tedr+ess. the, C-ty Administrator M&Yrequest beasubmitted infwritingore the The heating J. Carelessness or negligence in the Aan'ling c av nc. 1. Mayor or Council Member tThe writteast n request shallicontainna or centrol of City pronert,. regal&, council seating- decision of the Prvsen dishonesty in the perfcrsance of as general statement thin twentYe employee is challenging. T1» A aringr�hallobesheld an extension is K. employee's duties. eight (29) days of receipt of the request, unless ) of law or e- agreed to by the parties. L. Violation of the ptwisiM! If the employee appeals the disciplinary action taken by the City agency, the employee this resClt:Lion- M. VioLtim of written personnel rr rlesartmrn'a. to any other state, federal or governmental waives his/her right to appeal the disciplinary action to the City City Council, the empl.,yee regulations. Council. Prior to the appeal to the &written statementthe CXtY Ri tt of Appeal In all cases of uspr..s:ar•. shall cobalt thedisciplinaryiactionsototnat SOY the employee has not appealedasset Sec. 12-F. ion , or als�`Ki. the �sors for sari: actin: written. statement to the other governmental bodv. +4 must be presented b s dated the aploree's dated written employee affected. Upon to the City Administrator, filed with the city request Administrator within five (SI working days of recti,t shall be granted s 1+esrisR • of such states,,., ei amplryee Coisic i such hearing to be held not later before the City : , days frW the late of filing the than fourte,er (14 request f*r hear:,.,. The rm ,oil way affirm, Overrule or Modify the action of tt.e City Adri-wistrator_ 219. ANLOCR wlTmsOVT LZAVN An employee who is absent from employment, including any absence for a single dal or part of a day, that is not authorised by a specific grant, leave of absence, vacation or sick leave by the City Administrator or City Council under the provisions of this policy, will be deemed to be absent without leave. Any such absence shall be without pay and the employee will be subject to disciplinary action, including discharge. 211. INSNRVICR TRAINING The Administrator shall coordinate and assist the efforts of department heads in establishing and maintaining a system employee training. 212. SUGGESTIONS AND AMSM"I NTS The Administrator and supervisors welcome s:iggestions from emp:oyees f.>r improving the personnel prcgram of the City. Such s:;7o.,stions may be presented to the immediate supervisor by letter ,,, mc:c,randum with a copy to the Administrat.)r. SECTION XXX ABSENCE N/T- at7T LEAVE. Sec. 30.A. Any absence of an employee from duty, including any absence for a single day or part of a day, that is not authorized by a specific grant or leave of absence under the provisions of this policy, will 6e deemed to be absent without leave. Any such absence shall be without pay and the employee will be subject to disciplinary action, including Aisc_harge. Any employee who absents himself for three (3) workrnci dayx within one year without leave shall La d:rchmr^pd. "Lalai 7XZ71 rV-SER la TRSIVIW-.. Sec. a?.A. The Administrator shall assist and coortiviate the efforts of deparaw t heads in establishix air' maintaining a system of employee training. SucF. tratr:ni will be designed to assist emplowees to qualify for positions of increasing difficulty, still and responsibility. The department head may emcmrage employees to take correspandstce course, or Causes. m colleges, universities, and/or in night schools. TTx Administrator may sugrest programs of superrisory training. provi3e for necessary facilities to educate and keep the ew-. -tees in the department informed on activities aim4 functions of the deoartmetit and of the City Gover rvi,t. STfTIM, X100iIII SKZV71(M AM Sec. 43.A. The Administrator welcames sugr.stinns from employees for improving the personnel prnermm of the '-1ty. Such suggesticNns may be presented to the Admim strator by letter or meaeTYhlas. If it tic,: ,-W�Es apparent that changes in 2ny part of the permxwirl program are necessary, such: changes will t.e made. 213. PRONIBITZD PRACTICRs 1. No person shall knowingly make any false statement, certificate, mark, rating, or report in regard to any test, certificate, or appointment held or made under the City's personnel system or in any manner commit or attempt to commit any fraud preventing the impartial execution of the provisions of this policy. 2. No person seeking e-ployment or promotion in the municipal service shall either directly or indirectly give, render, or pay any mcney, service, or other valuable consideration to any person for or in connection with their test, proposed appointment, promotion or proposed promotion. No person shall either directly or indirectly solicit, pay, render, receive, or give money, service or other valuable thing to any person for, or in connection with any test, appointment, promotion, demotion, layoff or dismissal. 3. No person in the employment of the City, or seeking admission thereto, shall be favored or discriminated against in any way 1 because of race, sea, national origin, religion, political I opinions or affiliations, affection&! preference or handicap status. Anyone interferring with this policy will face + disciplinary proceedings including possible discharge. 4. As part of the principal of equal opportunity employment, the work environment shall be free from sexual harassmont and intimidation. Such conduct interferes with employee's worn Performance and creates a hostile or offensive work environment. Employees are encouraged to report any conduct inconsistent with this policy. Any employee who conducts him/herself in a r_anner inconsistent with this policy shall be subject to disciplinary action, including discharge. 5. No person shall, in any manner, solicit or be in any mariner concerned with soliciting, an assessment, subscri?tion or contribution for any person or purpose, from any City employee on , City property or on City time without City Administrator's approval. i 6. Na employee shall permit an outside party to in any manner solicit that employee on City property or city ciso without supervisory approval. SF.i ION XV11 P"IBITIMM. No person stall knowingly make any false -tatement, certificate, or mark, rating, or retmrt in regard to any test, certificate, or appointment held or made under the municipal persrvml system. or in any manner [omit or atternt to Commit &nY fraud preventing the impartial tzecutior.. of the provisions of UM s Ae»elui.:<n. %o per -ton seek -s e.rlovmmt or praaotion in the municipal sere.- ., -stall either directly or indirectly give, render, or pay any money, service, or other V&IUO-le con- sideration to any person for mar or. accc-;-:t of or in connection with his test, propnacd atrr.n'r°�nt, prow -ion or nropo�ed prowotior.. IECTI L PR011iBiniD, PRACTICi.S. No person in the service �f the City, or seeking an:.:ission thereto, shall be favored cr discriminated against in any way because of his race, sex, national origin or political or religious opinions or affiliations or affectional preference. so person shall willfully or corruptly make, or cause to be made, any false statement, certificate, mark, rating cr report in regard to any test, certifications, promotion, demotion, removal or appoint"',t held cr made under the provisions of the Personnel Folrcy, or ir. any manner commit or attempt to commit any fraud preventing the impartial executios of these rules and regulations. so person shall either directly or indirectly solicit, pay, render, receive, or give money, service or other valuable thing t: any person for, or or. account of, or in connecticn with any test, appointment, promotion, demotion, layoff or dismissal. so person shall, in any manner, solicit or be in ary manner concerned with soliciting, any assessment, subscription or contribution for &my politi,.i party or purpose from any employee holding a position in the City service or. City property mar on City time. 211. POLITICAL ACTIVITT 1. Any employee subject to these rules who desires to file for an elective office of the City shall take a leave of abeence when the employee formally announces candidacy or files, which ever occurs first. Such leave shall terminate upon withdrawal or Jefeat in the campaign. If elected and sworn -in the person is automatically terminatel from their position unless such a position is part-time or temporary, averages less than If hours per week, does not create a conflict of interest ani has approval of the City Council. 2. Employees are prohibited from actively campaigning for or against any candidate seeking an elective public office of the City. 215. EMPLOYMENT Or RELATED PERSONS Employment with the City including volunteer work is ba3-j on merit principles. Therefore, the employment or volunteer servicr of related persons (spouses, parents, children, brothers and sisters) shall not be approved except by the City Administrator and City Council. In those cases where related persons are employed by the City or serving In a volunteer capacity, they she 11 not be assigned to the same department or be in a position in which one is in a supervisory capacity over the other's work activity. SECTlc� X':III POLTTICAL ACTIVITY. sec. IVA. .Any employee who desires to file for an elective office of the City shall take a leave of absence when he formally announces his candidacy. `uch leave shall terranate with his withdrawal frmn the cw1wiRr, his defeat, or his resignation from that {r`litical office. Sec. :°..:.. Employees ar, proh,.bited from actively car"igning for or against any candidate seel:ng ary elective public office of the cats. sECIMN M CINI"Cr Of ITUEST. It is excY! that every employee shall exercise good judgment in avoiding becoming involved with any conflicting outside business 7 *erest. hhese include, but are not limited to the follo.anf: Sec. I'.A. Those in which an a ployee has financial interest in, or receives benefits from, a business in which he cccupies a position rhich may enable him to influence the placing of city business either inside or outside the C.rr Gowrnrt�nt. Sec. 19.9. Those in which an employee accepts full or part - tins work el se.lie.c, .Aare suc!1 activity interferes with their duties and job perforsrar" . Any Full-time employee who wishes to accept part -tine work elsewhere mist have approval of the City 1lduimstxatcr. 216. CONFLICT Of INTRREST It is (�xpe,ted that every t!mpl-,,yee shsl: *we ccase good judgment in avoiding becoming invalv.-,A with any conflicting outside business interest. These i^c'.u.' but are not limited to the following: a. A business in which an amployee has financial interest, receives benefits fr;:m, or o.-cupies a position which way enable the e.rp'_o-eo to inf .uence the placing of City business either inside or o,.*side the City organization. b. A business in which an employee accepts full or part-time work where such activity interferes with the:. duties and job performance. Any t,.l I-tiee emp::"yee who wishes tv accept part-time work elsewhere must hayo approval of the City Administrator. Any potential& conflict may subje--t the employee to a went it 3 with the City Administrator to determine if disciplinary action is regjired. • 1 CITYof ORO NO) Nuet Office W)z 86•('rystal Bay. Minnesota r`kj;&IeMumcipal office@ On the North Shore of Lake Minnetonka IL'A"oto-LONG �985 November 5, 1985 Gloria Alstrup Hennepin County Finance Division Special Assessments Department 603 Administration Tower Hennepin County Government Center Minneapolis, MN 55487 Dear Gloria: Please add the attached list of properties to our delinquent septic charges assessment roll, Levy i10007. These properties were delinquent and were notified of the assess- ment but were missed when the final rolls were typed for Coun.i.. Thank you, �_rkf Thoma.l Kuehn, Finance Dire +_cr TMK f t l n TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator 'i,Ima- Forwarded recommending approval. PROPOSED MOTION - It was moved by , seconded b;,, _, to amend the 1985 delingtierit septic charges assessment roll .levy 010007 to include $140.00 for the properties l.i;:ted on page 15 of the certification roll. Ayers _ _, Nays wy.pM►G & BOPI C 4 7 3. 7 )S 7 • A D"1041S M A MN & F IN ANCE. - 4 7)-7 )!i • /l'tLIC V00RU - 471 1 IS9 Assaww c.: Page 15 of 15 SPECIAL ASSE`SSNEWr (.'FRTIFICATION ROLLS MUNIC CODE NO.38 LEVY NO. P.I.D. NO. ADDN NO. TOTAL ASSESSMENT MISCELLANEOUS ----------------------------------------------------------------------------------------------- 10007 10-117-23 31 0069 42540 20.00 4120123070 :230 Arbor St 10007 10-117-23 31 0072 42540 20.00 4120124500 1245 Arbor St 10007 10-117-23 31 0032 42140 20.00 4120126190 1261 Arbor St 10007 10-117-23 31 0029 42140 20.00 4120127080 1270 Arbor St 10007 10-117-23 31 0028 42140 20.00 41201.29040 1290 Arbor St 10007 10-117-23 31 0052 42520 20.00 4120135560 1355 Arbor St 10007 08-'17-23 31 0015 41860 20.00 A131134010 1340 Baldur Pk Rd 0 TO: Mark P--rnhardson, City Administrator FROM: 7--an Lattin, Office Coordinator U.ATE: November 6, 1985 SUBJECT: Hard "uisk `gives for 150 Micro Computer ¢ [ING In August I reques ed an appropriation of $7,190.00 for cwo hard disk drives for the 150 microcomputer and the condor software. Since then I have had the opportunity to purchase the following: 1 - 15 MB Disk Drive $ 2,400.00 1 - 15 MB Micro computer with the hard disk drive including the condor software $ �,595.00 Sold 125 Micro Computer to City of Eden Prairie $(11000.00) TOTAL $ 4,995.00 Phis represents a savings of $2,195.00 to the City over the budgeted amount. Also with this purchase the City will have 3 - 150 micro computers rather than 2 - 150 micros and 1 - 125 micro. TO: Mayor and City Council FROM: Mark Bernhardson L" Forward recommending approval with our thanks to Council member Frahm for his assistance and Joan Lattin for her efforts in putting this vary favorable deal together. PROPOSED MOTION - It was moved by , seconded by , that the Council direct staff to undertake the necessary steps to accomplish the acquisition and disposition as outlined. Ayes Nays I TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato DATE: November 6, 1985 �!! SUBJECT: Stebbins Sewer Denial Resolution Attached is a resolution denying Stebbins hookup to the Long Lake sewer as mentioned last time. Staff recommendation that it be denied. PPOPOSED MOTION - It was moved by _i , seconded by , that Resolution Number _ _ be adopted denying sower access to Long Lake sewer for the property in question. Ayes _, Nays TO: Orono City Council FROM: Michael P. Gaffron, Assistant Zoni j Administrator DATE: November 5, 1985 SUBJ: Stebbins Resolution of Denial for Sewer Connection Attar-hed is a resolution for denial of Jeff Stebbins' request t:onnect to the Long 3ke Municipal r-ewer per your directive of. October ::8, 1985. City of ORONO RESOLUTION OF THE CITY COUNCI I. N O . A R- JLUTION DENYTNC CONNECTION TO KUNICIPAL Si3WRR FOR PROPERTY LOCATED AT 2165 WATERTOWN ROAD wHBREAS, Jeffrey Stebbins (hereinafter "the applicant" ) is owner of property located at 2165 Watertown Road within the City of Orono (hereinafter "City") and legally described as Lot 1, Block 1, Dalsav ood; and NBERE" in accordance wit,. Orono Municipal Code Section 3.05 Subdivisi 'B), the applicant ha. requested that he be allowed to connect tr,: ...3posed house on said property to the Long Lake Municipal Sewer System located adjacent to the property; and WHEREAS, the City Council has reviewed the recommendations of the staff and the comments and written statements of the applicant regarding this request. w}w, THERPYORE, HE IT RESOLVED, that the City Council of the City of Orono hereby denies the requested sewer connection fc;r the property described above based upon one or more of t"- following findings of fact concerning this property: 1.. The property is located in '-tie RR-1B Sirngle Fami ly Rural Residential 2-Acr aewered zo,iing district. 2. The ,). perty was created acuordiny to and in conformance with all the standards of the RR-113 district through a subdivision approved by the City Council per Resolution No. 1706 on December 1.984. 3 Applicant's engineer has submitted soil testing reports and on -site sewage treatment system design data indicating a suitable on -site system can be installed or th, property to serve the proposed house arccan t _: e..pected to function sati.sfactor'.'v. 4 . The Ci - , ioci i adopted the Orono Community Managems-r.+. Plar in June, 1980 as a guide to the orderly a ' •onomic development of the City. Chapter 6 . t►..! Community Management Plan, known as the Comprehensive Sewer Policy Plan, ontains the City's Rural Sewage Treatme-rit Policies, and indicates thAt residential sewage ienertated in the rural zoning_ districts is intended to be treated can -;site without extension of mv-i.cipal utilities. Pacie 1 of 2 City of 0110NO RESOLUl i.;. _ i HE Ci I Y UOUNC!t f el 5. Al. lowing the applicant to connect to the Lonq Lake sewer adjacent to the property would set a precedent, to the extent that the City has heretofore required all new residential development in the "RR-" rural residential zoning districts to make, use of private on -site sewage treatment facilities. The City has identified numerous properties which border on sewered areas and which could be expected to make a similar request to that of the applicant if the current request is approved. Allowing such connections would require an amendment to the Community Management Plan. 6. The fact has been established that a suitable on -site sewage treatment system can be installed on the property, hence connection to the municipal sewer is not required because of hardship, but merely as an economic convenience to the applicant. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held November 12, 1985. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Page 2 of o_ TO: Mayor and City Council FROM: Mark Bernhardson, City AJministrator* DATE: November 6, 1985 SUBJECT: Crystal Bay Sewer Connection Charge Attached please find the Resolution incorporating in resolution form the policy that was adopted regarding future r'rystal Bay sewer hookups. As mentioned at the last meeting the monies generated by this will first be used to defray any interest and principal not already absorbed by the special assessments subject to appeal and any additional monies will be used for operation and naintenance of the system per the standard policy of Orono in othe are,-ts. RECOMMENDATION That the Council adopt the ,attached resolution incorporating the previously addressed policy. PROPOSED MOTION - It was mov,�d by , seconded by , that the City Council adopt Resolution setting forth the policy for future non -assessed hookups to :ewer in the Crystal Bay area. Ayes Nays -_•-_ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION ESTABLISHING SEWER ASSESSKENT POLICY C'RYSTAI, BAY SEWER PROJECT AREA WHEREAS, properties in the Crystal Bay Project area have been assessed for municipal sewer service as Project 84-1 and 84-2; and WHEREAS, capacity does exist in the system to serve a limited number of properties; and WHEREAS, potential residential. units that were nest Served should be charged an appropriate amount. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono that the following be the policy for connection charges per SAC unit as outlined below: Property Status Existing Residential/ Not in District New Residential/Abutting Properties New Development on Currently Assessed Property New Development Replacing Existing Development Connection Charge $9,250.00 + 10% per year after 1985 $9,250.00 + 10% per year after 1985 .00 + 10% per year 1985 Only to the extent that there are additional units, which will be $9,250.00 per unit + 10% per year after 1985 Adopted by the Orono City Council. on the 12th day of November, 1985. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor TO: Mayor and City Council _J FROM: Mark Bernhardson, City Administrator DATE: November 6, 1985 � SUBJECT: Administrator's Information GOAL NETTING STATUS During the past week and a half I have been able to review the goal setting status at the six month mark with four of the five Counci1.members and will be sitting down with the fifth Councilmember in the next two weeks to review that in total. In addition to the goal setting I have requested Councilmembers to think of what expectations at this point have not been full filled together with other ideas and issues that need to be looked at in the next six months. If. it is your desire I would be happy to put on as an agenda item in one of the r,c.xt two meetings a discussion of Administrator's performance for the Council to discuss as a whole, if that is your desire. ACTING ADMINISTRATOR As noted in the Personnel Rules there is provision for appointment of an Acting Administrator to perform t1ie necessary functions of the Administrator's office in his absence. As I think I've indicated to you, my appointment to that position is John Gerhardson and I have given him my letter of authority regarding the duties that I want him to be responsible for in my absence. I did this in advance of my most recent vacation and will continue to do it in periods in which I am absent. Should you have any further questions or comments, please let me know. MINNF,TONKA GUN Cf.UB As you may be aware the Camp has withdrawn their protest against the Gun Club that had been filed with the Minnetrista City Co��r�cil and based on information we have to date it looks as if the -un Club will again permit the City of 9rono and other police agencies to utilize the facility for appropriate weapons training. SCHLEE DEVELOPMENT Attorneys arse presently reviewing the Letter of Credit. and will bp discussinq payment arrangements and existing delinquencies with the bank in order to }gyring the development current. It is intended to taring you an update on the status at the next meet inij. 1 BIG ISLAND VETERAN'S CAMP Tom Jacobs and myself attended the Big Island Board of Governor's meeting on November 2nd at which time the Department of Veteran's Affairs turned title for t:ie Veteran's Camp over to the Board of Governors. Additionally at that meeting the architectural firm Setter, Leach and Lindstrom, that had been hired by the Board of Governors, presented their report which outlined a master plan for development of the Camp to make it available for Veterans. The estimated construction cost to bring the facility in line with the master plan was approximately three million dollars. We have requE,ted that a copy of the report be sent to us and we will be reviewing that report for comments regarding the necessary actions that the City of Orono will have to be involved with, should such development go forward. Additionally it should be noted that Marty Jessen of the Hennepin County Park Reserve was in attendance and has indicated their willingness to negotiate purchase of the property. It was interesting that the appraisal presented to the Big Island Board of Governors by their consultant valued the property at between two and three hundred thousand dollars. The valuation placed on it by the Park Reserve -,)istrict was closer to one million dollars. While there are a handful of people that feel strongly that the Camp should be preserved and improved, it is our present understanding that the significant sup ^rt groups that make up the Big Island Board of 1,overnors do not have the desire necessary to carry through the project (in the scale proposed. At the Board of Governor's meeting in December they wi 1 1 be considering : -1d commenting on the report together with determining the di: -tion they will undertake in negotiating with the Park Reserve District, if that is their desire. As a side note a group of the people that regularly use the Camp have volunteered to go out and at present have removed approximately 8 or 9 of the worst buildings out on the site. L :k AG LIST OF LICENSES FOR COUNCIL APPROVAL FOR MEETING OF November 12, 1985 Ingleside Engineering & Construction Inc. -Septic System Installer Discount Flowers - Solicitor's License Alan Penke MPIRG -- Solicitor's License contributions Y Poet Office 11 +x W) IT��fa ��j� ���(� Cryxtal Hay, hlinncr,,.tn SEPTIC SYSTI'.M INSTALLI RS `r LICE:NSE APPLICA':ION BUILDING t 70NING - 473.7357 - ASSESSING - All questions gust be answered. License fee, boncl, certificate of insurance, and evidence of MPCA Certification or -Home Sewage Treatment Workshop attendance must accompany this application. All. applications are subj,!ct to a ten (10) day approval period. v , ` 1. Business or trade nary,. 2. Business address r I /^]�. L U 3. Business phone _ Residence phone 7y- jl4j 4. Name of applicant or co;:ipan reyresentative holding MPCA cent.:f ication ) - S. Type of certificate n held: Y_ Installer Pumper Site evaluator _System designer Is this a Provisional-:'ertif.icate? )kl� Certificate No.� 6. If no Certificate is I..11d, provide evidence of attendance at one of the On -Site Se%,ige Treatment Workshops held immediately prior to the current r )nstruction season. 7. Have you ever held a S tic System Installer license in Orono before? 4-6 Mos-. recent year �.4_ 8. Have you ever had a 1is e revoked? ,44,, When? Where? SUBMITTALS REQUIRED: 1. $25.00 license appli( tion fee. 2. $2000.00 license and ermit bond naming City of Orono as obligee. The State Lumbers Bond will not be accepted. 3. $10-50-100,000 minimt_i Certificate of Insurance. 4. Copy of current MPCA Certificate or evidence of attendance at On -Site Sewage Treatment Workshop held immediately prior to current construction season. LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED. List persons other than applicant who are authorized by you to apply for permits under your license The undersigned hereby makes application to the City of Orono, Minnesota, for license to install and repair septic systems, and/or pump out septic tanks, subject to the laws of the State of Minnesota and the Ordinances of the City of Orono. Date. Staff recommendation CITY Reason for denial: USF City Council Action ONLY ONLY Date license. mailed Applicants Signature �. )roval_ Denial Dafe��- —J-V Ap F- I Date Appro�e��-T Denied __ License No. APPLICATION FOR SOLICITATION - $20.00 fee CITY OF ORONO 1335 BROWN ROAD SOUTH BOX 66 CRYSTAL BAY, MN 55323 Organization: �, C ouu, Address: JJ( s (C,, c Atiro Pe, tl Representative: a L�►1, T Address: -vn P V-- Date Received _ Date Expires Phone J 16 - �-3 4 ( Phone ,1� Ct „„ ,. Check One: Business Solicitation _51 Contribution Solicitation Number of People Solicitating within the City Provide list of Names of Solicitors or back of this application. Type of Product to be solicited C.0 /aWP✓s PERMIT EXPIRES 60 DAYS FROM APPROVAL DATE. POLICE CHIEF SHALL HAVE FIVE (5) BUSINESS DAYS IN WHICH TO INVESTIGATE ) `\KE A RECOMMENDATION PURSUANT TO ORONC MUNICIPAL CODE SECTION 5.30 SUBD 5(a,. -------------------------------------------------------------------------- ORONO MUNICIPAL CODE REGULATIONS ON SOLICITORS Subd. 3. Prohibited Solicitation Practices. A. It is unlawful for any colic_ )r 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, ur 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, lessee, or person in charge thereof. E. It is unlawful for any person to engage in cc,itribution solicitation without completion of licensing or registration as herein provided. F. It is unlawful for any person to engage in business solicitation without a license as herein provided. The undersigned hereby agrees to the conditions quoted above from the Orono Municipal Code and any additional r uirements the City staff may have. Signature of Applicant: Date: 0`' -------------------------------------------------------------- -- ------ FORCITY UBEONLY: After review of application, staff recommends the following: Approval of application DeniA l of application Signature of City Official: _� �:..1Date: el Signature of Police Chief: __ ,r___ Gate: __ FRC. cl TV�C.� AN, SS f 1 1 f -- 1 1 CL C7 '/• C U (D N •d IA rt C Oi n N 5 ram'► G �' 0 rt '*7 r• M N (A .' 0 ri- 0 0 T /! (D • r1 :J " S (p }- 3 a r.. W. a n A rt r• rt 0 0 O 0 .^ N ca h 'O b rt 0 b ►S a T 'D a � G a a rT M r• Q. rt rt 0 rt N (p ti 0 `1 O rt RONO POLICE DEPARTMENT c [INCIDEN ORONO POLICE RECORD CHECK REPORT )A_ Y i� �g1M T W T F S CODE ..�� MESS KEY CONTROL NUMBER IOCA) CONT. AGENCY NCIC (DENT. ICAGI LE-L,C7:11 �� M N 0 2, 7 1, 5 1 001 LNOR DATE REPORTED (RPD) TIME RPO (TRP) LOCATION GRIND NOR (LGN) DF—i ,j _�=� _L _IQ__Ld / lam—. 1 1 , , _9 / PLACE COMMITTED IpLCI O LNOR HM BADGE NOtSBNI TIME ASIG ITAS) TIME ARR (TAR) TIME CLR. (TCL) HRD Codm P f 3 i C � �AI / C/[ P = PI,«»�-mil R -Radio N!kR IS T L� L� / �� El 1 ' 41 Ucs / ID f � , uoc UCs A Alarm I / Ej t In Parwn - 4UPERVISOh APPROVED ENTERED C J.R.S Q V Visual M Mail w_T Other ReR;,tad By w� �'_ Y a ►���_ 008 Bus Nb,--- Addrar -- -- --- - _ (J Horn! Nbr (,onmpi g,nt Add ar PhoneNbr Irrnfrrr►t Dntnpt,on: ��A §.�,A ,AITACH TE ETYPE IF APPLICABLE) AAT c_c"0 DLBUREAU DEPT. OFF PUEE IC HEALTH - (MENTAL Ht. F 2611, 8.30 A M to 4 30 r M.) (.:.---C�4�- " HENNEP_IN COUNTY WARRANTS - (348 20r., x :t RAMSEY 92UNTY WARRANTS - (298-4893 days. 464 " 6 ntghts) NCIC IQW FQf MAT) IE TOWN WARRANTS HOME TOWN (ADDRE SS & PHONE NO. VERIFIED__._ MILITARY - 726 1148 (ONLY IF CHECKS SHOW A POSSIBLE MILITACY RECORD) Date Received APPLICATION FOR SOLICITATION - $2.0.00 fcc Date Expires CITY OF ORONO 1335 BROWN ROAD SOUTH BOX 66 CRYSTAL BAY, MN 55323 Organization: 1450 Public pO Res�d1 10,; C_IMA'Phone Address: 1UA#'6T Representativg Sc0 f(x' ry�S 1U SAS �►:ri�� Phone Address: 94I1 UA',V v �— 371<-ZSSfr- `ZZ , Check One: Business Solicitation ' nt.ribuution Solicitation Number of People Solicitating withi the City _ 15 '" Provide list of Nan,cs of Solicitors on back of this application. Type of Product to be solicited _�Q ) _ PERMIT EXPIRES 60 DAYS FROM APPROVAL DATE. POLICE CHIEF SHALL HAVE FIVE (5) BUSINESS DAYS IN WHICH TO INVESTIGATE AND MAKE A RECOMMENDATION PURSUANT TO ORONO MUNICIPAL CODE SECTION 5.30 SUBD 5(a). -------------------------------------------------------------------------- ORONO MUNICIPAI. CODE REGULATIONS ON SOLICITORS oubd. 3. Prohibited Solicitation Practices. A. Itis unlawful for any solicitor to engage in solicitation for any unlawful h-isiness 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 tc enter, or attempt to gain entrance, to residential premises displaying at suc'i entrance a sign with the. words "Peddlers and Solicitors Prohibited" or "Solicitors Prohibited". D. It is unlawful for any solicitor to refuse to leave lousiness premiseswhen requested by the ownut, leasee, or person in charge thereof. E. It is unlawful for any parson to . ngage in contribution solicitation without. completion of licensing or registration as nerein provided. F. It. is unlawful for any person to engage in business solicitation wi t,00ut a license as herein provided. The undersigned herehy agrees to the conditions quoted above from the Orono Municipal Code and any additional requirements the City staff may have. Siqnature of Applicant: JL��X'� Date: TIDRCITY USEONLY: P.ft.er reviewof application, staff recommends the following: Approval of application _____,-___ Denial of application S,gr►ature of City Uft tc sal : Date: Signature of Poiice a f'f : `'�"�Z.-f; I �� �..� � Date: 10/3 J /35 City of orom, NOV - 5 198� U r. , Minnesota Put lic Interest Rf search Group 2412 Unrver sit v Avv:- K '_,xrtlx+ast Mttweap(As Mrruietiot,i 55414 (61--) 376-7r>54 The Minnesota Pubiic Interest Research Group (MPIRG) is a :tatewl.de student based, non-profit. non -partisan, organi.zaH.on that has been working in Minnesota since 1971. MPI% has worked on iss-.. -ce consumer, worker, anyi arvirrxow-antal probaction, utili,*_y rate reform, e_—_..rgy conservation, radioactive waste, any: others. MPIRG is based on 9 campuses in Minnesota and our student rm-mbership rrinber;: 40,000. Our full time staff represents the public's interest ty la'-byi.ng at he sty -Ate capitol, litigating in our courts, and intervening when t iu 9 irate ' :.tw , or energy, environmental, • I ;tility rate decisions. Since student. directly an these issue,,, NIPIRG provides an educati-onal e3gxerier _ or, huw our government works. This will be our f.. Ah year canvassing in Qrow. Basically canvassing entails talking to people awut MKIC issues and then askinq for financial support. We c&nvass door-to-door in residential neighborhoods Monda;-Frida- a 4:00-9:00 PM. We plan on canvassing C:-onc .s sor n au we receive pecussion and finish no later than December 15 1985. Fix Josed are a list of MPIR, canvassers and proof of r non-13rof i ' %talus . Because N-- are a non-pr, )f i.t or;anizat ion we s z r -' . -ig fes wuii-r c r tie $'.0 license fw.. If you ha -A-- zu ►,, ques • � , .,s 1- east :all • &, at 37r ..A. siY� k you for yoi.-L insider.,-itlnrl. Siric . - 41 ). . Scott Ad: Canvass Li!. .roan Anderson Grows _ , • eman' -i{ State cf the State of Mmnewta, borper 4 the Gteat Sed oj•satd State, ancf tfu .than of the documents p m .9 to the fornwtwn of corporation under the fatvs o1 .ae State of Nimnesota, do it. m' ' -"ttijy: >11.m _,Minnesota Public Interest P.esearch Group Ls cL. lifted as t►te Fur. 9enertah designa+'d as a 'nonprofit" c,nrorahon in the files of this offiu, ;• *! created. o,aani:ea ty under and by virtue r, and in fu. •td complete compliance with the Laws of said ;tau matte th fifiriy t,a o{ Iru'orporat+on on tfic _ 1?tit ,av of February 19, t� H I fiat saui autnonn' to tuav it jorce and lui, +..,t t+cett a.,.. W , re -ovd, and lint saui corporation i; 11' or t: autIU'r'ZM to enaage In the rUrj+o..sa for it 't•a5 j,+tT?UA .'. '. ttrgant,:�' as a coTiTatto'• 'f +r .:pan the date hater. . + tl'I • •rIt•t+tjuuti ntgrwrtn tttrcunto i :ub<cruud .trot the L;reut ieai vt tht I�tatc lit M1,t•I..�+tu herrunt.r att>,ted it ` 94 f 10/ 23/ 8S Scott Adams Brad Anderson Pat Boyle gichard Gook Paul Droegkamp David Flak Lisa Hutfluss Kearn Froebel Heather Mundro Bill M.:.schenheim Marl; Olson Carol Patt Darrick ?erteet Stan Pride Cathy Saunders Leesa Scott Gary Staupe -hi." 6t- "t*b Dan Vacek Mark V3., Orsow David Ware Matt Welbes 1�1(1 r'Q gcv &b ' Minnesota Public Interest Research Group 2412 Uniwrsity Avenue S xitheast Minneapolis. Minnesota 55414 (612) 376 -7554 LIST OF MPIRG CANVASSERS 3142 loth A'r S, Mp's 825-6637 '508 Colfax Av S, Mpls 374-2993 4339 Pillsbi-ry Av S, Mpls 825-6654 2720 140- Av _ Mpls 722-8264 Augsburg College. Mills NA 2469 N Dunlap St, Roseville NA 3017 Fremont Av S, Mpls 822-7286 West Comstock Hall #110, Mpls 373-7131 1144 Dayton, St Paul 644-8448 3241 Columbus Av S, Mpls NA 3221 Columbus Av S, Mpls 827-1101 4033 Ps,k Av S, Mpls 825-3378 316 12 Av SF. #4, Mpls 831-3406 Maca?.,scer Colle&r,, St Paul NA 1430 Spruce .-i , Apls 871-4288 1819 RiversiJe Av S, M01s NP 930 Thomas, St Paul. 644-9954 1000 24th Av SE, Mpls 379-7673 ?09 8th Av SE, Mpls 379-4124 )-?''.8 Columbus Av S, Mpls 823-2474 19PS CITY OF ORONO CHEC►" NO DATF A 316006 II105luS 316006 11/0 316006 t t/1?5. 316006 11,'0S%� 3t600fi 11/0S:FS 11/05/85 316010 ,t/CS/AS 31601- ti/05/85 • 31601-D tt%OS/85 316JtJ 11/OS/85 3t6v10 tTr65/8S • 3160!, 11/05/6S 316^10 11/05/b5 31601C it/0S/85 • • 316C18 i1.'05:*5 • 3t6t3J tt/0S/85 •••••• 316034 1!/05%3S • 316C34 11/0S/95 316C34 i t/05/1?5 316034 Ifi05/RS 316C34 31 6n c4 316c=.4 11/05/_ • 3t6:3s ,1%os:es 316u39 11/05:f5 • 316049 It/^S/85 • • 316'1E7 AMOUNT 15 32 15 32 SO 32 15 32 IS 32 15 33 icb Q3 • t6 -,S 16 65 8 33 23 S2 16 6S 16 6S 3 32 5 00 106 75 • 333 58 333.58 • t3 c c 8 5ti • %4 03 3 30 9 99 62 99 98 0 2 9u 47 76 24: 44 • S73 2S 578.ES • 11b,881 C7 118,881 07 • 249 20 CHECK REGISTER vEmD,, R ITEM DESCRIPTION ACAO-11INNESOTA INC OFF SUP ACRO-MINNESOTA INC OFF SUP ACRO-MINNESOTA INC OFF SUP ACRO-M!NNESOTA INC OFF SUP ACRO-MINNEE07A 111L OFF SUP ACRO-MINNESOTA INC OFF SUP AT&T INFO SYSTEM AT&1 !NFO SYSTEM AT&T INFO SYSTEM A7&T INFO SYSTEM AT&T INFO SYSTEM AT&T INFO SYSTEP; AT&T INFO SYSTEM AT&T INFO SYSTEM MNT MISC EQUIP MNT M"5C EQUIP MNT MISC EQUIP MNT MISC EOUIP MNT MISC EQUIP MMT RISC EQUIP MNT MISC EQUIP MNT PISC EQUIP AMERICAN SPEEDY PRIG PRIG/PURL A7 & T INFO SYSTEM TELEPHONE ANCHOR PAPER ANCliCR PAPER ANCHOR PAPER AN; -NOR PAPER ANCHOR PAPER ANCHOR PAPER. ANCHOR PAPER A14CHOR PAPER CFF SUPPLIES OFF 61UPPLIES CFF SUPPLIES OFF SUPPLIES ;FF SUPPLIES OFF SUPPLIES OFF SUPPLIES OFF SUPPLIES EARL F ANDERSON ASSC S" MNT SUP ARI CONT INC SEDER/U'R CONST BURY & CARLSON INC ST MNT SUP 11-1a-" ACCCUNT NO !Nv 9 / 0. 0 01-4210-039-12 01-4210-OS9-14 01-4210-069-IS 01-4210-129-3; 01-4210-174-11 01-42i0-249-42 01-4342-039-18 01-4342-059-14 01-4342-069-IS 01-4342-129-31 01-4342-174-33 fit-4342-249-42 72-4342-549-91 73-4342-569-9C 01-1322-IP9-31 01-4320-175-34 01-4210-039-12 01-4210-CS9-14 01-4213-069-15 01-4210- 129-31 01-4210-174-33 01-4210-249-42 71-4210-SIS-9L 74-4210-S90-91 01-4233-249-•42 45-4531-43<-C3 01-4233-c49-42 •••-cics +••-CKS too-CKS •..-Chs •••-�-Ky 0 1a8S CITE nF ORONO CHECK REGISTER rHEC, NO CATC AMOUNT VENDOR ITEM DESCk'PTION 49 20 • 31ti;-69 11/C5;9S 30,3c4 47 4"..¢i/- 5T CONST 30,324 47 • • 716J91 1111CS/85 15 00 BLOTCHES BAR SUPP:T FF SUPPLY 316,91 11/os"85 176 6S BLOTCHES BAR SUPPLY r!� PURCH 191 65 • • • _.161�< 1t/05/25 S2 83 CITYVIEU PLMsc 6 HTC MNT BLDG/G11108 315114 11/0S/BS 43 00 CITYVIEW rLMD; 6 HTG MNT BLUG/GRDS :316114 I1/OS/85 38 87 LITYVIEJ PLnBC i HTC MNT B DG/GRDS 3'6114 11/05/85 6Z8 92 CITYVIEU PLMBC 6 HTC SEJ CONST 763 62 • •.••.. 316'c3 I1/05/85 263 87 CONCEPT MICROFILM OTHER CONSULT • =161cP 11/05/SS 3S6 98 CONCEPT MICROFILM OTHER CONSULT 625 65 • 31b147 11/OSf85 14 69 CROWN RUBBER STA►!P OFF SUPPLIES • 3t5117 11/OS/65 13 34 CROlJN RUBBER STAM' OFF SIPPL;ES 68 03 • 316164 ii/n/85 93 45 DAY TIMERS BOOKS/PERIODCLS • 93 ♦5 • •••••• • 316199 t•/OS.BS 3,434 00 ROLF E ERICK_ON A;SESS SER': 3,434 00 • • 316Z19 11/05/FS 4SO.00 FED CARTRIDCE CORP TRNC S' a50 00 • 316PS6 11/05/OS 37 62 HARRIS OFFICE EQUIP' OFF SUPPLIES • 37 62 • • •••.•• 314304 It/OS/OS 2,113 28 v-_NN C;Y S-:RiFF DOT FISCHER 9/3-9/26 .1 it-t2-as PACE 2 • ACCOVN', NO INV 0 P 0 0 MESSAGE 9 •••-CMS 27-��?2-352-00 A 71-s230-5t5-9n � 71-4620-CIS-90 01-4343-099-17 01-4343-129-31 01-4343-E90-61 41-4531-402--00 01-4306-031-12 01-4306-129-31 01-x-210-039-12 01-4210-174-33 01-4240-1z9-31 01-43CT-OS9- 14 01-1241-129-31 01-4810-069-a5 01-1120-111-31 •.•-CUS •••-CKL_ ••.-C►,S 1985 CITY OF ORONO C CHEC.: NO DATE E 316309 11/OS/1I5 3to?:9 tt/2S�R5 t. 316330 1;/05/t'S 316397 11/05/85 E 316='.7 11,05/8S 316:i7 11/03/85 l IL 316404 11/0S/85 31643S 11/O5/CS - 3164i5 11/05/85 316435 11/0S/85 316435 11/05/85 31643S 11;0S/85 316435 T 1, OS/85 316435 11/05/85 315435 11 OS/ 85 31GA3S 1t:05/85 31643S it:'OS/BS 316435 i./0S/85 3!64:5 11.'0Si85 .. 3 ; 6 7 1t/Oc/£ 3164?7 1t:G5lP 3i643' 1t/0S/85 316474 11/O5/85 316480 it/Gs AMOifN' 320 S8 '39 60 2,853 46 • 71.9Z! 71 92 • 49 S4 3 ;b 5 63 S7 93 • 60 48 60 4C • 6 $30 444 . 00 276 16 12 60 4 20 1,076 87 2 94 6S 11 25 78 7 94 79 5T 34 02 2,036 09 • 40 00 6.734 03 0,774 03 • '2 37 32 37 • 262.25 1,262 25 • 247 91 EHECV, RECISTER VENDOR ITEM DE"CRIPTICN MEN% CTY SHERIFF OPT FISCHER 9/3-9/26 MEN% CTY SHERIFF OPT JAIL CMGES ICMA RETRMNT CORP ICMA 10/7-10/20 KUEHN-TMOMAS KUEMN-TMJMAS KUEMN-TMOMAS THE LAKER LOGIS/SUITE 320 LOG1S/SUITE 320 LOGIS/SUITE 320 LOSIS/'UITE :120 LOGIS/SUITE 320 LOGIS/SUITE 320 LOGIS/SUITE 320 LOGIS/SUITE 320 LOGS/SUITE 320 LOGIS/SUITE 320 LOGIS/SUITE 320 LOCIS/SUITE 320 CITY OF LONG LAki CITY OF LONG LAkE TRAVEL—MI1_LAGE-PKG TRAVEL-MILEAGE-PKG TRAVEL-MILEACE-PKC ADVERTISiNG 11-12-OS rACE 3 ACCOUNT NO INV • h 0 0 ME `"AGE 01-435Oa0--16 01-4140-039-12 01-4301-069-15 72-43®1-549-91 T3-4381-569-92 71-433--S'S-90 LABELS-CERT SEPTIC 01-4210-174-33 MA:NT AGREE 8/BS-86 01-4340-129-31 LOGIG-ADMIN S'PT 01-4352-069-1S COURIER-DP-SEPT 01-4353-G69-15 r_OURIER-DP-SEPT 01-4353-174-33 VATA PROC SEPT O1-4355-O69-1S LABELS-CERT ACCTS Tc-4210-549-9: LOGIS-ADMIN SEPT 72-43S2-S49-91 DATA PROC-SEPT 72-4355-S49-91 LABELS-CERT ACCIS 73-4Et10-569-92 YOGIS-ADMIN SEPT 73-43S2-S69-92 CATA 1ROC-SEPT 73-4.S-S69-9? UTILITIES 01-4324-179-3' INTERGOVT SER:' T2-4359-S49-9 !CNG LK FCPD TRACTOR EOUIP.PT;;/ACCESS 01-423t-2410-42 METRO WASTE CONTROL SAC REMIT MIDUES': ASPHALT ST MNT SUP 01-441t0-L95-73 O1-4t33-249-49 •••-Cits •••-CKE .••-CKS •••-CKS •••-CKS •••-CRS ••s-Ctrci • 1985 C1Ti OF ORONO • �:HFCK NO DATE •sass. 316490 11/05/85 376490 11/0S/sS • 31E4oO 1'/OS/85 t495 ti05%9L • sass,. • 3i&ST9 11/05.18S 316ES9 11/0S/85 316SS9 11/OS/S5 ♦ 316c59 11/OS/85 316FS9 II1015%e5 316559 11/05%85 3'.EFS9 11/0S.'e5 31AL� 1;/OS/e5 **save 31 6-.70 1 1 i o5'85 316'r70 71/05/6 316S70 11/CS/85 316S7G II/0S/8S 516570 11/05/85 316E-7O 11/OS/e5 f 31657. 11/05/es 316S70 It/OS/SS 31GS70 11/95/85 31657C 11/05/65 316S70 11/05/85 • 316E-9' 11/C5:'85 316597 11/05'85 316S97 /1/OS/83 316E-57 11/05/85 316597 11/05/85 316S97 11/OS/85 P 316E-97 11/0S/eS • AMOUNT 247 91 . 4S 00 zes 82 3 18 z74 00 • 7 00 7 00 • eF, 00 Cis 00 • E07 21 154 3<' 202.S1 9 09 214 00 947 95 Set 98 29 23 .686 t9 • 66 3S 66 35 33 tT t�2 5b 66.S2 66 97 9 68 13 c6 19 9 1 : ' 4 100 3S 677 06 • 64 31 4.79 3.IS 92 OS 14 74 1104 75 40 93 CHECK RE%I$TER VENDOR ITEM OFSCRIPTION NINNEGASCO MINNEGASCO MINMEGASCO MN BENEFIT ASSN MPELPA-Tait STOL UTILITIES UTIL.ITiE6 UTILITIES MEAL.TH INS MEMBERSHIP 1-12-6S PAGE 4 ACCOliNT NO INV 0 P 0 0 MEtSAtE 91--4324-IE9-31 72-4324-S41-91 73-4324-569-92 01-4151•-12E-31 01-43D0-039-:2 NSP U.:LITIES 01-43E4-011-17 NSP UTILITIES 01-4324-121-31 NSP �!TILITIES G1-4324-249-42 NSP UTILITIES 01-4324-290-61 NSr UTILITIES TI-4324-SIS-90 NSP UTILITIES 72-4324-549-91 NSP UTILITIES 73-4324-SE -92 NSP UTILITIES 74-43c'4-590--93 NORTHWESTERN BELL TELEPK .r 0:-4320-039-12 NOR74WESTERN BELL TELEPHONE 01-4320-059-14 NOR7HWESTERN SELL TELEPHONE 01-4320-069-1S NORTHWESTERN BELL TELEPHONE 01-4320-129-31 NORTHWESTERN SELL TELEPHONE 01-4320-174-33 N34THWE.STERN BELL TELE"w^vE 01-4320-P49-42 NORTHWESTERN BELL TE L 4S-4320-432-00 NORTHWES7ERN BELL T7 AE 72-4320-S49-91 NGR"HW£STERN BE L Tf ONE 73-4-10-569-9_ NORTHWESTERN BELL 1+:.'. !►tONE 74- e4-590-93 NORTR,WLSTERN BELL AD'vrRTIbING 74-423-590-93 PERA PERA 10/7 TO 10i20 01-4141-039-12 PERA PENA 10/7 TO 10/20 01-4141-.10-13 PERA PERA 10i7 TO 10/20 01-4141-059-14 i'C^, PERA t017 TO 10/20 01-4141-Oa9-IS ."EQA PERA 10/7 TO 10/20 01-4141-099-17 PERA PERA 10/7 TO 10/20 01-4141-111-31 P WA PERA 10/7 TO 10i20 01-4141-IIS-71 ..• -to C ..e-:KS so*-cKs 1965 CITY 0= OR�`NO CHECK( REtISTER +1-11-85 PAGE S CHECK NO DATE AROUNT Uct+r1R ITEM DE=CRill i:3N ACCOUMT NG INV 0 P 0 0 ""iAGE 3155a7 ti/OSi8I; 294 36 PE;.A PFRA 101-7 TO 10/20 01-4141-121-3' • 3toS97 11/o5/85 414 63 PERA PLRA 10/7 TO 10/20 01 4141-126-71 316r97 11/05/65 176 44 PERA PERA 10/7 TO 10/t0 01-0141-174-13 • 316597 I1/05:95 E36 92 PURA PERA 10/7 TO 10/t0 01-4141-F49-4t 316 97 t1s05f85 c5 67 PERA PERA 10/7 TC 10/t0 01-4141-290-61 316S97 11/OS/!15 3.74 PERA PERA 19/7 TO 10/?0 41-4141-408 00 316S^7 11/OS/BS 168 42 PERA PERA 10/T TO 10/20 71-4141-St'.-90 31t,597 11/05,85 94 IS PERA PERA 10/7 Tfl 10/tO 72-4141-#:49-91 716S97 it/05i85 ISO S6 PERA. VjlA 10/'► TO 10/�' 73-411i--S69-91 • 316597 11/OSi6c 4S 83 PERA P FA 19/7 TO 1012 ,4-4141-S90-93 f 2.937 66 • •*•-GK0 4 � •.sees 316612 11J05/85 10 GO P_RRiS DEEP ROCK Si 14NT AU11 01-4341-249-42 • 1 O :v • f ••• zKS 4 316614 t1:05.'85 t+S t;C EIMER J PETERSON CO NUT BLDeJGROQ 01-4343-099-17 85 .. • 4 • •e•-CKS • 716690 tt/OS/65 44 v0 6HOPEW0 00 CIL PUR'tER RNT SLDG/6'408 01-434t-091-:T 44 00 • so*-CXS s 316u93 11J05:85 476 00 JOHN N SLHOENING EQUIP RSNTAL 01-4331-249- 476 00 • **•-Cx8 sssees . • 310696 11/OSi85 167 34 FOAD RESCUE E+]11P/PTQ-'A;.CESS 01-423E-129-31 167 34 * , i •**-CKS sees** • 316740 11/o5/8J 6S.40 DON STRETCHER GUNS EQUiv/PTS/ACCESS 01-4232-249-42 6S 4C • •*•-CKS • •s*s*• 316621 1t/OSJL'S 137 OS VILLAGE CHEVROLET EQUIP/FTS/ACCE59 Ct-4232-249-42 t3' 05 • as*-CKS 316842 1t/05:85 2,376 45 L'AYZATA-CITY OF INTER:O>wT CfRV 72-4359-549-9t 2.376 4S • s*e-CKS 316855 11/05/65 2.20 WESTERN LIFE INS LIFE INS 61-41S2-039-12 r 19-C, CITY OF ORONO i CHECK NO DATE i 316SSS t'/OS.•""£5 316PBS 11/OS/85 316?53 11/05/85 316es—, 11/05/85 3:667S 11/OS/SS 316555 11/CS/85 311955 11/OSi85 t 'S5 it/OS/85 316855 11/05/85 • .I -7'S 1.1/05/85 3,..E55 11/OS/85 • • 31687S 11/O5:'85 31 s Leo 1 voS.85 • 316901 0_ 8 • 3!e9G2. 11/05/85 3169J3 11/OS%85 • 3'S9o4 11/0S-$5 • 31 6 : _ 5 1 1 / OS.1ec It 6.9i6 1 1 /OS/ cs 'sib°t7 tt,'o5/85 • 3:�908 11/OS/25 • 316909 11/OS/85 • 3'6910 11/OS/85 • 31691' 11/o5/85 CHECK RECISTFR AMOUNT VENDOR ITtr'1 DESCRIpr!ON 28.06 WESTERN LIFE INS LIFE INS 3 30 WESTERN LIFE iris LIFE INS 2S 40 WESTERN FIFE INS LIFE INS 39 95 WESTERN iIFE INS LIFE INS 4 40 WESTERN LIFE INS LIFE INS 9.76 WESTERN LIFE INS LIFE INS 1 10 WESTERN LIFE INS LIFE INS 27 76 UESTERN LIFE IN3 LIFE INS 8 93 WESTERN LIFT' 'NS LIFE INS 13 48 WESTERN L1- :NS LIFE INS ! 10 WESTERN L- _N LIFE INS 165 51 • 11-' -OS PACE 6 ACCOUNf No Iwv • P 0 6 MES�*- GE 01-41SZ-069-1S 01-4152-121-31 01-4152-186-31 01-415P-129-31 01-4152-174-33 01-41S2-249-4e 01-41S2-290-61 71-41S2-S1S-90 7?-415t-S49-9• 73-41S2-S69-9c 74-4152-S90•.93 11 87 WRICHT HENN ELECTRIC UTILITIES r1-4324-249 42 11 87 • 600 00 APPRAISAL ASSOC 01HER CCNS-''tL" 4S-4306-432-00 601) 00 • 47 21 C"C TRUCK CTR EQUIP/PTS/ACCESS 61-4232-249-42 ♦7 21 . 1.c15 00 F F JEDLICKI MNT LINES '_a 73-4344-S69-92 i.215 00 . 3S 00 JAMES LEAK LEAP 944 0!-c300-000-00 35 no • 3. 49 19 MACOUEEN EQUIP AUTO EOIUP 14-45SO-633-Ot 3.949 !9 • 735 00 NISTLER RUBBISH FALL CLEANUP 61-4348-249-42 73S 00 • 104.40 NO STAR INTL EQUIP'PTS/ACCESS O!-4232-249-42 104 40 . 46 CO P 4 z BUS SYSTEM OFF SUPPLIES 7-4210-S15-90 46 0-� • 376 00 ST CLOUD UN U COIIF/SCHOOLS 01-4356-17-9-31 376.00 • 40 00 MR KALEY KALEY 961 01-2300-000-00 40.On • ♦7 c^8 WAi:ER4 INC OFF Supp'.&ES 71-4210-51S-9g 47 c8 • 15S 110 WASHINCTON CRIME 03OKS/PrR10DICLS 01-4 40-129-3' 1SS-00 0 .••-C1IS ...-Cos 198s c!T♦ OF ORONO c4rcv NJ rATE �1; -Iz 11/OS/85 315i13 11/05 85 3t b9t l 1 tlOS: 85 Hi"-5 fl/OS/85 kl-7�27 t I/CS/RS H.7c,27 11/OS/65 Hl-7F_8 11/OS/8S HC7528 I1/GE%d5 HC7528 I t!t:5/95 HC7c-',:-S it/J£!B5 HC75Z' 1 I,'C-. 8S NC75:9 tl/OS/BS HC75• 9 11/OS/85 HC75c9 11/0!;%85 H.7S29 1 1 /05/ 85 HC7C29 11/05/95 HC7S-�9 11/OS/85 ♦••0•• HC-S21 t JS,BS rC7S31 I/OS/ES HC7S3- 11/o5/95 HC7732 't/o5/85 MC7532 1!/05/b5 NCTS32 II/OS/ES HC7s3c I1/OS/65 HC7E3- 11.'0:;/85 HC7532 11/05/BS HC7532 11/05/65 HC7532 tI/OS"85 HC7S32 11: OS.•85 NC75 _ I1/OS/65 HC7532 11/05/8S HC7532 t1/r5/65 HCTS32 11/OS/8= HC7533 I1105 V—r CHECK RE6191ER It 12-8S PAt:d 7 AMOUNT VENDOR ITEM DESCRIPTION ACCOVIOT N-2 INV • P C, 0 MESSA:E 40 00 MARK WASSERMAN WASSERMAN OI-e300-000-CO 40 CO • 40 00 ROLLIE MARTIN REFUND SIGN 0969 •I-23a0-o��o-ao 9S Od -"'LLIE MARTIN PARTIAL RFD- 0969 01-350P-099-00 135 00 • ••• -CKS 17 09 ANCHOR PAPER OFF SuP 01-4210-0?9-12 MANUAL 17,09 • 691 54 1OHNSON BROS WINE PORCH 71-441P-SIS-90 MAftu" 13 BP- JOHNSON EIROS WINE rIFC 71-4413-SIS-90 M^owAL 677 72 • 422.70 QUALITY WINE L10 PUNCH 71--4810-SIS-90 I4M01„41- 8 44- QUALITY WINE LIQ DISC MASSWAL 324 90 QUALITY WINE WINE PORCH 71-4b S--90 MAN c� 6 44- QUALITY WINE WINE Dist 71-481 S-90 IAUJA�_ 10.29 QUALITY WINE MIX PUNCH 71-48�.. -IS-90 .,.MUAL 742 96 • 12 -,- QUALITY WINE LIQ PORCH 7t--4810-S!S-9C MANUAL. 25- QUALITY WINE LIQ DISC 711-4811-515-90 MANUAL 230 28 QUALITY WINE WINE PUNCH 71-4812-SIS-90 MANUAL 2.201 IG QUALITY WILE DWINE PORCH 7t-4812-SIS-90 RAW 4 6!- QUALITY WINE uINE DISC 71-4613-SIS-90 MAI 44 02- QUALITY WINE W,►'E DISC 71-48!3-SIS-90 MAN — 39S 22 • 1,02Q 36 PRIOR DINE U1ME °URCH 71--481i i15-9C RAN!'AL 20 17- PRIOR WINE wIkE DISC 71-491 SIS-90 MANUAL 1,000 19 • 22:e CO ST TREAS SS CONT FD FICA 10/7-10/ZO 01-4142-039-!2 MANUAL SS ST TREAS SS CONT FD FICA 10/7-10/20 01-4142-040-13 MAkJA'- S 23 ST TREAS SS CDNT FD FICA 10/7-10/20 01-4142-0r9-!4 MANUAL 1SE 69 5T TREAS SS CDNT FI• FICA 10;7-10/20 01-4142-Ce9-IS M:-NUAL 24 4S �T TREAS SS CONT FL F.CA 10/7-10/20 01-4142-099-17 MANUAL 67 90 ST TREAS SS CONT FD FILA 10.,7-10/20 01-4142-115-31 MANUAL 296 01 ST TREAS SS CONT FD FICA 10/7-10/20 01-4142-174-33 MANUAL -93 0' ST TREAS SS CONT FD FILA 10/7-10/20 01-4142-249-4c MANUAL 42 58 ST TREA3 SS CONT FD FICA 10/7-10/20 01-4142-290-61 MANUAL G 20 ST TREAS SS CONT FD FICA 10/7-10/20 41-4142-408-00 MAN,'AL 96 23 ST TREAS yS CONI �D FICA 10%7-10%20 71-4142-515-90 MANUAL B2 23 ST TREAS SS CONT FD FICA 10/7-10/P0 72-4142-S49-91 MANUAL 127 61 ST TREAS SS CONT FD FICA 10/7-10/20 73-4142-S69-92 MANUAL 76 02 ST TREAS SS CONT FD FICA 10/7-10/20 74-4142-590-93 RAIdUAL 1,604 34 • So 00 ;FRINC HILL CTR STAFF DEJELCPMNT 01-43:6-C39-IZ MANUAL 198' CiTT OF nROW0 • CMECw NG CAI N 7S33 tl/o5/85 14C7533 1;'OS/85 MC7533 11/05/ES W.7531 i1/OS/85 14C7533 ll/OS/85 MC7533 tt/05/85 WC7S13 Il/OS%®5 • a AMOUNT 25 00- 25 00 2S 00 2S 00 Es 00 25 00 25.00 175 00 • 20,62S 37 3,949 19 30.324 4I 638 •6 119.490 7S S,693 40 10,S83 76 a. S84 01'1 305 13 i94,2SS 93 CNECk REG1SIEA VENDOR SPRING MILL CTR STAFF DEV%LOPMOiT SPRING WI_, CTR STAFF DE✓EL"c'"WT SPRING WiLL CTR STAFF DIVE, MNT SPRING WILL CTR STAFF DEVELOPMNT gPQINC WILL CTR STAFF bFvELO►PNIT SPRING MILL CTR STAirF MVELOPMNT 4PRING WILL CTR 61AFF DEvELOPMMT FUND 01 TOTAL FUND 14 TOTAL FOND 23 TOTAL FUND Al TOTAL FuwD 45 TOTAL FUNC 71 TOTAL FUN..^, 72 TOTAL FUND 73 TOTAL FUND 74 TOTAL ',:)T AL i t - E-ss PAGE 9 ALC^ INd • P 0 • MES AG 0; .1S6-:59-15 "MAL *I- 356-0!-9-I5 MAMUAL V!-43SC-969-IS RAnuAL •1-4?56-1i9-31 MAfW 0 i- 4 3S 6- i 74- 3 3 IIAAILIA: 01 -A3S6 -249-42 wAp'-A 1-47:6-513-90 AANVAL GENERAL FUND IMPROVE 6 EQUIP OUTLAY F ML+kIC 'TA4F AID CC"9 FON FERM 114►Ri 'f REVOLvINt F tS85 SPEC ASSESSMENT FUN UOR GPV ATIkG FUND -TER OPERATING FU►'O SEDER OPERATING FUNS CCL° C04JR59 OPERAT14a FD loss CITY OF ORONO CHECv RFCi:ifR CHECK NO DATE AKOUNT YEKOOR ItEfo 'R_PT1001 HC7S'3 10/31/85 b. 28 POSTMASTER Post r.c 0CTS1 3 1 0/ 11 /os 1 6F 86 F,)BTMISTER Poo, %of 217.14 * ootoos HC7s1.1 i!1/is 228 6♦ 90 PHILLIPS WINE PURCH H�7SZt iY/ll/�S . 57- ED PHILLIPs WINE D P24 07 • 11L7S'P 18/31/as 11 SO K i K fif%TAL SEPT UTIL HC7SEt 110/31.8" ''ESO 00 K i K RENTAL �` •� 4EwT s.261 SO HC75P3 t0/ 139 00 CEDAR "At, ZJ:.x 8IN9 139 00 • hC7S?- 1i/: '.22 50 ED ►HILLSPf 4INk "to, HC75. 10/Z ? 45- ED PHILLIPS 11IIM DISC HC7525 1 0/31 /GS WIM P .- t01 NC7SES 10/31/85 3 95- NINE Dlii *scoot ',93tl 's7 ;UWD 71 TOTAL LIOVOR OPERAT.4% FUNS Sa ?s FUN►', T2 TOTAL uATER OFFRATI-C FUM 162 46 FUND 73 TOTAL tZ6qR O0ERAT1k4 F;R» 2 `,55 Z' TOTAL 1•-21-n Pan 1 ACCOWT 10 IW4 t P A • 11E'VDast U-sif 1-"t-! 1 M.ww J aL "-4301-067-" walker w• •• *-Cut T•-N1F 5�S-ti0 MAY1�Al. F- N t 7-tf 1 s -! i MA1H,At. Ru►N11A► 7 1-.73d-i 1 s-!� R�IIIiAA T+ •tl)f J-StS-li MAMHAI 71-1013-s/ s-!i {AMt1,ai- 71-se13-s i s-9i MA:IWAL 71 -o01 0-s 1 %- •9 M^6V tf 71-4813-s 9-90 MAVV t••-:PO CITY OF ORONO _. UO(,. u n c EMPL-NO NAME DIv ADAMS L 11 ADAMS T 11 BUTLER MC 11 FRAHM T I1 GRABEK ] it HAMMEREL J 11 COUNT GRAND PAID 00005 P A Y R Y-T-D 0 - - - - - GROSS CROSS EXP/ALLOW 1320.00 0.00 e4eo.00 eeo.00 30e5.00 275.00 e4e0.00 eE0.00 2420.00 220.00 1100.00 ee0.00 1, 155, 00 TOTAL 00006 TOTAL TOTAL FICA TAX GROSS m .00 A m GROUP HEATH B a PHYSICIAN"$ HEALTH PLAN EMPLOYERS FICA C a BLUE CROSS/BLUE SHIELD D a MEDICAL CENTER PLAN E a PRUDENTIAL F w COORO. HEALTH CARE G m MINNESOTA HMO H a TRANS-AMERICA OCC. I a BANKERS LIFE J MUTUAL SERVICES K a MUTUAL OF OMAHA L = EMPLOYEE'S BENEFIT M a AETNA N a NICOLLET EITEL 0 o LEAGUE OF CITIES Z w HEALTH CARE MAINT ACCT. MISSING MOSP CODE FOR SOME EMPL'S CITY OF ORONO P A Y R // O'2 � Y-T-D • - - - - - - EMPL-NO NAME DIV CROSS GROSS EXP/ALLOW ANDERSON BL 31 30053.5E 11S2.32 DENSON WR 12 297S3.25 0.00 BERNMARDSO ME 12 22S07.86 1692.32 BOBZIEN SA 31 14364.03 651.44 BRINER CA 90 168.00 0.00 BRINKHAUS JF 42 26642.39 1134.64 BURMASTER WD 31 29747.33 1273.04 CARLSON WJ 92 26063.40 1124.64 CHECK JM 90 130.3S 0.00 CHESWICK CB 31 30269.92 1253.84 EDMUND$ P 90 318.7S 0.00 EHRENBERG OL 90 12784.69 553.84 ENGLISH It IH 16333.00 974.TO ERICKSON DJ 93 2030.40 32.91 ERICKSON KR 31 31748.92 1206.34 FRITZLER JM 31 29832.23 132S.17 CAFFRON RP 33 23068.08 1004.64 GALLO DE 93 696.51 22.00 GERMARDSON JR 42 32973.01 1442,32 GREGORY JD 42 22646.89 959.12 GRIFFITHS GE 31 14223.91 460.11 HALLIN DM 12 18787.86 817.52 HANSEN SC 42 20SIS S2 862.08 HANSINC CJ 31 S734.44 32I.26 HENNING JP 90 1808.39 3i.64 HICUS ?'A 90 13460.40 563.04 JACOBS v 33 23750.29 1182.57 JOHNS RJ 90 0.00 0.00 JOHNSON BP 31 27313.37 11F1.32 KILBO MH 31 33771.84 1470.80 KIRNYCZUk M 31 29009.03 1152.32 KLAERS AB 12 967. 20 167.20 KNUTSON CA 15 15887.91 695.73 KRIMMEL DL 93 0.00 0.00 KUEHN TM 1S 30567,44 1333.28 LATTIN JC 15 18779,19 817.52 MABVSTH JA 33 28050.08 1221.60 MANVEL CM 90 5431,48 E63.20 MCGOWAN LR 90 24144 48 1051,52 MOROWCZYNS J 31 28847.40 1152. 32 MROSS FT 61 17818.90 741.04 NAAR TL 12 14060.49 63S 21 OAS DO 93 656 00 36 00 OMAN LE 37. 14328 00 624 00 PALMER PB 31 427 23 0.00 ►EARSON SC 31 29460 21 13ZS 17 PETERSCN PL 12 2809 01 3S3.79 ►ETERSON RW 93 1076 00 20.00 ►ROVO BJ 12 3167.58 0.00 OUAST WA 92 21840 95 1009 30 ROYCRAFT GE 93 0 00 0 00 CITY OF ORONO P A Y R Y-T-D • - - - - - - EMPL-NO NAME DIV GROSS GROSS EXP/ALLOY SASS JJ 42 2OS33.20 861.12 SELLNER CL 93 0.00 0.00 SELSTAD ER 93 0.00 0.00 SIEVERS RC 90 605.00 115.00 SKREEN DS 42 20SO4.68 86S.96 SLIGO SR 93 2165.10 12.90 SMITH JR 92 21548.36 910,16 STEFFENLAG RE 93 22112.87 963.04 STEVENS BG 93 2777.41 85.00 THIES BR 90 2795.51 125.00 TONCZYK MY 31 29133.99 1238.74 NOYTCKE SM 31 63.2S 0.00 COUNT GRAND 40,154.73 E PAID 00051 TOTAL 00063 TOTAL TOTAL FICA TAX GROSS w 22,493. 74 EMPLOYERS FICA A m GROUP HEALTH B o PHYSICIAN'S HEALTH PLAN C m BLUE CROSS/BLUE SHIELD D w MEDIC L CENTER PLAN E PRUDEN'IAL F - COORD. HEALTH CARE 0 w MINNESOTA HMO H m TRANS AMERICA OCC I a BANKERS LIFE J w MUTUAL SERVICES K a MUTUAL OF OMAHA L w EMPLOYEE'S BENEFIT M • AE.TNA N m NICOLLET EITEL 0 • LEAGUE OF CITIES 7 a HEALTH CARE MAINT ACCT MISSING HOSP CODE FOR SOME EMPL'S Planning Commission PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE I/ - /Z-ES PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) ' ', C( F LV1024 1;54LF.K J P _ Y � c XiY�Cil� Gaya N r^&: n/Z 9. MJ,j i n1 y 17. is. 19. 20. I nfo r In &+ folA IE 4-e-, ne, s Coun ct 1 ot rn� Tot Mayor City Council City Administrator MKS Dorothy Hallin, City Clerk DILTtt November 8, 1985 SWECTt Traffic Speed Survey On Thursday, November 7, 1985, 1 received a call from Donald Carter who stated he lived on North Shore Drive and he wanted to speak to the City Council regarding the excessive speed of traffic specifically trucks that pass his house. He stated a couple of his neighbors had complained to the Police Department and the neighborhood had seen no results. 1 told him he should talk to the Police Department personally and if he wished to appear before the Council there was a "Public Comments- portion on the Council agenda and the next Council meeting would be Tuesday, November 12, 1985 or if he wished to present information he could be placed on the November 25th agenda. Mc. Carter stated he might appear before the Council on November 12th and that he would also talk to the Police Department. Police Chief Kilbo hod a traffic speed survey done on November 7th after talking to Mr. Carter. Attached for your review is a copy of that survey. ORONO POLICE OEPAR fMENT FOLLOW UP/CONTINUATION REPORT of fern Tfwiirf_ n .owue 4 V L � M�. rL ,.SL..t I)� • it _.._._- .00IIIONa O[LM Or Orrrgf. MOOIr[{pr rNvlfirG.TIONt. r2. �� Abrt1_ I -bk&zA-%L-- --&&,TL W,,rLN•'r S� _ -jo _- — -- � - -- 31- -- - - - -37- —13 - --- 31 — - - _-3L - 31-- - - Mr7/rtgr w«+rw (] f:r.ra.Nwi Q ��. tw. [,] ar, ryf.p,.[ Q ►..+. L] POPHAM, HAIN, SCHNOBRICH, KAUFMAN 6 DOTY. LTD. MEMORANDUM AOV,5 TO: jean Mabush FROM: Kathleen A. Blatt DATE: November 4, 1985 RE: Planning Commission ISSUE: Row many votes are necessary for a Planning Commission action to be official, thereby forwardable to the City Council? ANALYSIS: The Orono City Charter and Minnesota Statutes do not specify how any votes are needed to deny or approve an application made to the Planning Commission. In the absence of an applicable charter or statutory provision to the contrary, it is the rule that a majority of a definite body, consisting of a definite number, when duly met, constitutes a quorum for the transaction of business. 4 McQuillan •Municipal Corporations' (3 ad.). 48 513.29. The Attorney General's office applied this general rule to a pattern of facts very similar to the City of Orono's and found that the vote of a majority of those present (there being a quorum) is all that is required for the adoption or passage of an ordinance or by-law, motion, or the doing of any other act which the body has power to do. AG Op 59a-32 May 11, 1960. Although the Attorney Cenerai's opinion does not have the force of law, it is advisory and should be considered by the City. CONCLUSION: Although the City Code and Minnesota Statues do not set forth the requisite number of votes for Planning Commission action to be official, it is my recommendation that. the Planning Commission deny or approve applications with a majority of a quorum vote. The City's Planning Commission is comprised of seven official members. Therefore, a quorum would be four members, and an 'official action• of the Commission needing three votes. If you have any questions regarding this matter, please give me a call. KAB: jk cc: Nark Bernhardson 3596e MINUTES OF TII1: PLANNING COMMISSION MEETING HELD OCTOBER 21, 1985. PAGE 1 ATTENDANCE 7:04 PM The Orono Planning Commission met on the above date with the following members present: Chairman Callahan, Sime, Rovegno, Kelley, and McDonald. Goetten arrived at 9:04 PM. Taylor was absent. The following represented the City staff: City Administrator Bernhardson, Building i Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, Senior Building Inspector Jacobs, and City Recorder Peterson. Councilman Hammerel was also present. CONSENT AGENDA* It was moved by Chairman Callahan, seconded by Sims, to approve the Consent Agenda* as submitted. Motion, Ayes 5, Nays 0. ZONING AMENDMENT - SECOND REVIEW DEFINITIONS: It was moved by Rovegno, seconded by Sims, to recommend approval of the following definition: •Commercial Operation• - Operations where business is conducted by the sale or exchange r f goods and/or services on site for money or other valuable consideration except for those provid-d for in the home occupation section. Motion, Ayes 5, Nays 0. It was moved by Chairman Callahan, seconded by McDonald, to recommend approval of the following definition: *Riding headamy' - A building, structure or other facility which is used for the instruction and training in animal .:.+re and handling for a fee. In addition amend the following SS 10.20 Subdivision 3 (P): Riding Acadamy. Any such instruction existing as an accessory use conducted by the ourner shall most ... Motion, Ayes 5, Nays 0. It was moved by Rovegno, seconded by Kelley, to recommend approval of the following definition: *Lot Lines - The property line bounding that particular lot except where any portion of a lot extends into the public right-of-way or a proposed public right-of-wsy, the line of such public right-of-way shall be the lot line. Motion, Ayes 4, Nays 1. Chairman Callahan voted nay. It was moved by McDonald, seconded by Chairman Callahan, to recommend approval of the following definition: "Yard Requirements - Those requirements which relate exclusively to the size of yard areas when such are required within specific: zoning districts. Motion, Ayes 5, Nays 0. 88 10.03 Subdivision 9 D - It was moved by Sime, seconded by McDonald, to recommend approval of this section as follwrs: No detached garage or other accessory building shall be locate,' nearer the front nr street lot line then the MiNUTHS OF THE PLANNING COMMISSION MEETING HELD OCTOBER 21, 1985. PACE 2 ZONING AMENDMENT continued SS 10.03 Subdivision 9 D - principal building on that lot except on lots which have frontage on a lake. Accessory buildings located within the street or rear yards of lakeshore lots are subject to the setback requirements of SS 10.23, Subd. 6S, SS 10.24, SuL.d. 5B 6 SS 10.25, Subd. 68 except that detached garages may be located 10 feet from the street or rear lot line when doors face away from the street and a turn -around is provided on site. Motion, Ayes 5, Nays 0. SS 10.03 Subdivision 15 - The Planning Commission rejected the proposed amendment of this section to the code. SS 10.03 Subdivision 18 - The Planning Commission briefly discussed the propc;ed amendment relating to stock farms to be continued. It was moved by McDonald, seconded by Sime, to continue the proposed zoning amendment review until the November 18, 1985 meeting. Motion, Ayes 5, Nays 0. 1973 STEVEN J. RUCE/SCOTT R. LUSE 4625-4665 NEST BRANCH ROAD SUBDIVISION OF A LOT LINE RBARRAW'eK PUBLIC SBAHING 7:51 - 7:53 PM The certificate of noted. mail;ng and affidavit of publication was The purpose of the pub is hearing was to con eider the request for a lot line rearrangement. Steven J. Ruce, 4625 West Branch Road, wishes to purchase 60' of his neighbor's lot (Scott R. Luse, 4665 west Branch Road) to increase his lot from 1.0 acre to 1.43 acres. Steven J. Ruce was present for this matter and stated he needed the extra land for a garden. There were no persons present objecting and the public hearing was closed. It was moved by McDonald, seconded by Sime, to recommend approval of the Subdivision of the lot line rearrangement subject to the quit -claim deed for right-of-way. Motion, Ayes 5, Nays 0. 0974 ERIC J. CHRISTENSEN 900 NORTH SHORE DRIVE WEST PRELIMINARY SUNDIVI-ION PUBLIC MEANING 8:00 - 8:03 PM Assistant Toning Administrator Gaffron noted the certificate of wailing and affidavit of publication. The purpose of the public hearing was to consider the request to divide a 4.6 acre lot into two bui ldinq sites of 2.0 and 2.6 acres. MINUTES OF THE. PI.ANNIMG COIVIISSION MEETING HELD OCTOBER 21, 1985. PAGE 3 s974 CHRISTENSEN continued Assistant 'Zoning Administrator Gaffron stated that the driveway access has not been determined by the county as yet but the City Engineer ha. reviewed it and finds no problem whether th?re is one or two driveways. Trcre were no persons present objecting and the public hearing was closed. Eric J. Christensen was present for this matter and stated he had no problem with stairs recommended condit.ons. It was m •,d by Sime, recorded by Rovegno, to recommend approval of he Preliminary Subdivision subject to staff's recommendat ,na. Motion, Ayes 5, ,lays 0. #980 RICHARD M. KRAVEMY f902 JOHN C. LAMBIN 3423 SHORELINE DRIVE 3405 SHORELINE DRIVE PRRLIMIMARY SUBDIVISION/ CONDITIONAL USE PERMIT/ VARIANCE COMMERCIAL SITE PLAN PUBLIC HEARING 8:15 - 8:35 The certif icate of mailing and affidavit of public: -ion was noted. A joint public hearing was held because the Lambin matter directly relates to the Keaveny request for preliminary subdivision. The purpose of the public hearing was to consider the request: 0980) for a division of a 1.6 acre commercial property to provide a lot for a carry out restuurant and variance of side yard setback for Keaveny's existing building; s982) Conditional Use Permit for Class I Restaurant and commercial site plan Richard Keaveny and Joe Gorecki, representing John C. Lambin, were present for these matters. Zoning Administrator Mabusth noted that staff will be meeting with the County to review the access problems onto Kelly Ave. Both Mr. Keaveny and Mr. Gorecki stated they had no problems with staff's recommendations. There were no persons present objecting and .he public hearing was closed. It was moved by Rovegno, seconded by Sane to recommend approval of the Preliminary Fubdivision and Variance (application s9801 subject to staff Is recommendations. Motion, Ayes 5, Mays 0. Kelley had concerns regarding the landscaping and also the possible parking on County Rd. 1, which would impair a driverx vixicn when exiting onto Kelly Ave. MINUTES OP TOM PLANNING COMMISSION ME NG HELD OCTOBER 21, 1985. PAGE 4 9900 KMV1AT / g9B2 LRNSIN continued The Commission had concerns regarding the adequacy and efficiency of the parking plan. Zoning Administrator Mabusth stated that the applicant has planned for some shrubbery and that she will address the problems of parking when meeting with the County. It was moved by Rovegno, seconded by Sims, to recommend approval of the Commercial Site Plan and Conditional Use Permit (application 4982) subject to ■taff's recommended conditions and subject to staff reviewing and solving traffic flow a parking problems and landscaping concerns before the application goes to the Council. Notion, Ayes 5, Hays 0. 4971 MARK S. WASSERMAN 1045 LINDEN LAN,` VARIANCK PUBLIC HEARING 8:04 - 8:07 PM The certificate of mailing and affidavit of publication was noted. Thq purpose of the public hearing was to consider the request to replace foundation under existing non -conforming garage. Mark Wasserman was present for this matter. He stated that the safest way to repair the foundation was to raise the garage and replace the foundation. McDonald asked applicant if he could move the garage over a few more feet in order to maintain a 10' side setback. Wasserman stated that if he moved the garage over 4-5 feet he believes he would be in a driveway. McDonald stated that she felt there was a hardship of location because of the a,eepnes there. 31me stated that this was basically a request to repair the structure. There were no persons present ojecting and the Public Hearing was closed. It was moved by McDonald, seconded by Sims, to recommend approval of the variance to repai the existing non- conforming structure. Motior, Ayes 5, Nays 0. 147'i hYERAND GZT= 1572 LTAIC AVO VAN IAB PUBLIC KRAAIBIB $807 - BIIS P11 'rho cert if,cate of mailing and affidavit of publication was noted. MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 21, 1985. PAGE 5 1975 GEYAI continued The purpose of the public hearing was to consider the request for a lot area variance to construct a new residence. Zoning Administrator Mabusth noted that the survey has been received from applicant. She noted the drainage plan and reviewed staff's recommended conditions. Everand Geyen was present for this matter and stated he had no objections to the conditions. There were no persons present objecting and the public hearing was closed. Kelley felt that in order to maintain a desired building v,.velope, no additional variances should be granted. It was moved by Sims, seconded by McDonald, to recommend approval of the lot area variance sub�,ct to staff's conditions and subject to the condition that no additional variances be granted in the future. Motion, Ayes 5, Nays 0. 1991 PRILIP P. KALEY 1395 BROW ROAD ROUTE YIIRIANCR PUBLIC R&RRING 605 - 8:36 PH The certificate of mailing and affidavit of publication was noted. The purpose of the public hearing was consider the request of a setback variance to construct a family room. Philip Kaley was present for this matter and had no comments. There were no persons present objecting and the public hearing was closed. It was moved by Rovegno, seconded by Sims, to recommend approval of the variance as proposed. Motion, Ayes 5, Mays 0. 1964 309 SANCHUR 4105 NATERTONN ROAD VARIANCE PUBLIC HEARING Joe Sawchuk was present for chi■ matter and stated he was unable to complete the survey required and would have it done for the next Planning Commission meeting. It was moved by Sine, seconded Dy McDonald, to continue this Public Hearing until the November Planning Commission meeting. Motion, Ayes 5, Maya 0. MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 21, 1905. PAGE. 6 #967 i t968 JOHN B. IDSTROM 2580 PDX STREET PRELIMINARY SUBDIVISION 6 CONDITIONAL USE PERMIT - SECOND REVIEW It was moved by Chairman Callahan, seconded by Si.me, to table this matter due to an incomplete application. Motion, Ayes 5, Nays 0. 1979 DONALD C. WILDMAN 260 WAKEFIRLD ROAD AFTER-THR-FACT VARIANCE PUBLIC HEARING It was moved by Chairman Callahan, seconded I,y Sime, to table this matter due to an incomplete application. Motion, Ayes 5, Nays 0. 4929 LYLE RAHN 1146 WILDHURST TRAIL CONDITIONAL USE PERMIT - SECOND REVIEW Chairman Callahan explained the application for a Conditional Use Permit to use an existing cabin as a guest house. Lyle Rahn was present for this matter. Assistant Zoning Administrator Gaffron noted that an actual hardcover review of the property has not been done. Kelley stated he was agreeable with the guest house use but felt there was a problem with the hardcover. Mr. Rahn proposed a cistern as a possible solution to the drainage problem. He also stated that his son is living in the guest house for the summer. Mr. Rahn noted that back in 1974 the structurewas 75' tromthe lakeshore but since has lost approximately 5 feet as shown in the 1985 survey. Kelley stated that he folt the Conditional Use Permit be issued subject to the hardcover in the 75-250' realistically conform with that allowed. It was moved by McDonald, seconded by Kelley, to table this matter pending theactual hardcover calculations and sol✓ing drainage problems. Motion, Ayes 5, Nays 0. GUEST HOUSES/APARTMENTS Due to the recent applications for quest houses/apartments, it was moved by Chairman Callahan, seconded by McDonald, to recommend adopting a resolution/moratorium suspending applications for guest houses/apartments until staff can review and make recommendations. Motion, Ayes 4, Nays 1. Rovegno voted nay stating that he does not feel moratoriums should be taken lightly and felt that staff should br instructed to promptly review and make recommendation. MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 21, 1985. PAGE 7 Note: Planning Commission member Goetten arrived at this point in the meeting. i959 GEORGE E. JOHNSON 365 OLD CRYSTAL RAY "I: NORTH VARIANCE - SECOND REVIEW Chairman Callahan explained the variance application request to construct a 1620 square foot pole barn for storage of vehicles and equipment. George Johnson was present for this matter and stated his intended use for the proposed pole was was to store collectibles. It was moved by McDonald, seconded by Sime, to recommend approval of the variance request subject to staff's recommendations. Motion, Ayes 5, Nays 1. Kelley voted nay stating he felt it was too big, in excess of the allowed 1000 square foot building. 1972 SHAVER/TP,ARSE 1090 WEST PILRNDAI.E VARIANCE PUBLIC HEARING 9:19 - —9 PM The certificate of mailing and aiiaday.: of publication was noted. The purpose of the public hearing was tL consider the request to permit construction of a dock on a lot that cannot sustain a principal structure. Jim Shaver and John J. Taylor, representing Mr. Tearse, were present for this matter. Kelley noted City Attorney Radio's memo regarding his opinion in this matter that •The property owner does have the necessary right to use that portion of the dedicated public right of way not currently used by the City for construction of a aock•. (Memo attached to these minutes) There were no persons present objecting and the public hearing was closed. :t was moved by Chairman Callahan, seconded by McDonald, to recommend approval of the variance based on the found hardship, subject to obtaining a written permit to permit structure on unused portion of public right -of -ray, and subject to staff's recommendations. Not ion, Ayes 6, Nays 0, 1976 CALVI■ KOBTH 3615 LYRIC "HOUR CONDITIONAL USX PIT PUBLIC BBABIND It"-9s62 PM The Celt It iCate of may l Ing and of f idavitof publication was noted. MINUTES OF THE PLANNING COMMISSION MEETING HELL (.� "N BER 21, 1985. PAGE 8 1976 KORTH continued The purpose of the public hearing was to consider the request to keep a pet goat within the 1/3 to 1/2 acre lot. Cal Korth was present for this matter and noted that he currently rents the property at 3615 Lyric Avenue with the option to buy. Terry Schlee, owner of the property, was present and stated she was in favor of allowing the applicant to keep his pet goat. Brad Wessler, 3640 Livingston Ave. , was present and stated he was in favor of allowing the applicant to keep his pet goat. Also present was Jason Bosiger, a former neighbor of Mr. Korth's in Eden Prairie, who stated they never had any problems with the goat. Sims stated he felt this goat was definitely a "pet• and should not be subject to animal units. McDonald stated there was a need for an "exotic animal" classification, which would include this pygmy goat. Chairman Callahan stated he thought there should be some conditions in granting this request rather than an open- ended Conditional Use Permit. Rovegno questioned the types of vaccinations required for this type of pet and suggested requiring a letter from the vat. Mr. Korth assured the Commission that •Billy• is seen regularly by veterinarian, Dr. Bailee of Cedar Pet Clinic in Minneapolis, and is in good health. There were no persons present objecting and the public hearing was closed. It was moved by Chairman Callahan, seconded by McDonald, to recommend approval of the Conditional Use Permit subject to the following: 1) Staff to contact Dr. Bailee to verify the health of •Billy" 2) Conditional Use Permit is limited to the length of time that applicant resides there. 3) Conditional Use Permit is limited to the lifetime of •Billy- the goat. - Notion, Ayes 6, Hays 0. 0977 JIM MNNUM 1008 OLLU N PAM ROM VARIANCES PUBLIC RRANIM 9t43 - 1Os03 PM The certificate of mailing and affidavit of publication was noted. MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 21, 1985. PAGE 9 t977 WERNER continued The purpose of the public hearing was to consider the request for side setback, average setback, and hardcover variances to construct additions to front and rear of house. Sims questioned how this property was allowed to reach its existing percentages of hardcover. Assistant Zoning Administrator Gaffron showed background documentation dating back to 1977 to its present existing status. He further explained the current request for variances to build two additions. Rovegno stated that additions amounting to an additional 158 a.f. should be traded of with removal of existing hardcover. Goetten felt that no increase in hardcover should be made. Kelley agreed that there should be no additional hardcover and also no encroachment into the average setback. Jim Werner was present for this matter and states that possible trade-offs of hardcover could be made by removing the rock beds and perhaps the cement slab which currently supports the steps. McDonald stated the drainage on the property was adequate enough to prevent run-off into the lake. There were no persons present objecting and the public hearing was closed. It was moved by Goetten, seconded by Sime, to recommend approval of the proposed aide and average setback variances, a hardcover variance of 36.5% with no increase (staff and applicant to work on this), and subject to no additional variances being granted to this property. Motion, Ayes 6, Nays 0. 0978 MICBAEL MCEt' MY 2497 - 2503 EEL-Y AVENUE VARIANCE PUBLIC HEARING 10:11 - 10:26 The certificate of mailing and affidavit of publication was noted. The purpose of the public hearing was to consider the request for a variance to construct a detached garage on Outlot A of "Kelly Cove", which is a lot without a principal structure, for the purpose of housing the Association's lawn maintenance egiii nent. Michael McEnany was present for this matter and stated they presently have io store the lawn maintenance equipment in someone's garage which means they can't use the garages for their cars and must park outside which makes snow removal difficult. He noted that they propose a 2-1/2 car garage to store the lawn maintenance equipment and 2 cars. MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 21, 1985. PAGE 10 #978 MCENENY continued Zoning Administrator Mabusth noted that a clause in the resolution approving Kelly Cove stated "Outlot A may never be used for future residential construction, but shall remain as an open space area as density credit for existing duplex units...". McDonald stated that she felt by granting this variance they would be setting a precedent for "open space". There were no persons present objecting and the public hearing was closed. It was moved by Chairman Callahan, seconded by Kelley, to deny the variance application. Notion, Ayes 4, Nays 2. Rovegno and Sime voted nay. Rovegro voted nay stating he felt it was a reasonable request and that it would be more appropriate to park the cars indoors rather than in view outside. Sims voted nay stating that denying solely because of the previous "open apace" clause was not taking a reaiistic view point. #983 HALTER H. PEMBERTON 3580 NORTN SHORE DRIVE VARIANCE PUBLIC BEARING 10:26 - 10:50 The Certificate of mailing and affidavit of publication was noted. The purpose of the public hearing was to consider a request to remove an existing cabin and replace with a now home and detached garage. The following? variances are required for the proposed site plan: lot area, lot width, hardcover, average setback, conditional use permit for filling, lakeshore setback, and front setback. Assistant Zoning Administrator Gaffror reviewed the proposed site plan. Goetten questioned why the driveway and garage needed to be located in the back of the house rather than the road side. Mr, s Mrs. Walter Pemberton were present for this matter. Mrs. Pemberton stated the reason for the driveway and garage location was for aesthetic reasons and to conform with the neighboring two houses. Chairman Callahan questioned the buildability of this extremely difficult lot. The Pemberton's builder was present and stated the proposed plan could be done. MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 21, 1985. PAGE 11 i963 PEMBERTON continued Chairman Callahan noted that he felt the proposed location of the garage would interfere with the neighbors' (Pegers)view of the lake. Callahan suggested tabling this matter for applicant's to make adjustments to the proposal. McDonald noted that a previous application to build a house on this same lot was denied in total. Mr. Pemberton stated that the Pagers has no objection to the proposal as long as they don't get any closer to their property. Kelley stated he had trouble with the amount of proposed hardcover. The Planning Commission discussed other options for the location of the garage. It was moved by McDonald, seconded by Sims, to table this matter for applicant's to revise their plan. Motion, Ayes 6, Nays 0. #986 GEORGE ROVEGMO 2010 SHORELINE DRIVE VARIANCE Mr. i Mrs. George Rovegno were present for this matter. George Rovegno stepped down from the Planning Commission for this matter. Chaiman Callahan explained the application for a variance to allow an existing 5 foot fence to remain where normally only a 3-1/2 foot high fence is allowed. Callahan read a letter of opposition to the variance being granted from Delany J. Stinson on behalf of Richard V. Stinson of 2040 Spates Ave. Rovegno stated that he still believes that the fence was erected legally and noted that the fence was erected to solve some serious problems which he felt it hus done. Rovegno stated, at this time, he is willing to re -locate the fence at the lathe line (posted by the city) and make the fence 3 feet high for the first 30 feet from the access for safety reasons. Rovegno noted that the City has not yet placed the posts along the south side as promised. LeDean Mc%iI liams of Crystal Ray was present and stated she was opposed of granting the variance for the many reasons stated at previous meetings. Katherine Qiady of Crystal Bay was present and stated she sympathizes with Mr. Rovegno's problems but felt the fence obstructed public view. MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 21, 1965. PAGE 12 1986 ROVEGNO continued Goetten stated she understood Rovegno's need for the fence but felt that the length of the fence was not necessary. Rovegno stated that basically he is entitles to that length because that is the length of his property. McDonald stated that by approving this variance and allowing the fence would be setting a precedent which would be disasterous to the lake area. Sime stated that when they amended the fence ordinance that this type of fence was not taken into account, but felt the fence should only be i-1/2 feet high. It was moved by McDonald, seconded by Kelley, to deny the variance request for a 5' fence based on the fact that there are insufficient hardships and that Section 10.22 which allows a 3-1/2' fence should be adhered to. Motion, Ayes 4, Nays 1. Chairman Callahan voted nay stating that applicant's problems are valid and that obstruction of view is minor. #965 DAIWA MINNESOTA COMPANY 37O0 SEGRELINE DRIVE Sanwa PLAN REVIEW PUD/VARIANCE FOR APARTMENT Ron Krueger was present representing Balboa Minnesota Co. Applicant proposes to construct a 40 unit apartment building on a 9.84 acre area which exceeds the allowed number of units (approximately 30 units). Mr. Krueger submitted a preliminary sketch of the proposed apartment. Kelley stated that he would prefer to see townhouses built in that area. Mr. Krueger showed a rough sketch of a townhou . proposal. Chairman Callahan noted that due to a previous court settlement, the property in allowed a maximum of 36 units subject to meeting all zoning standards. Sime stated he preferred the apartment plan before the townhouse plan and stated that Orono could use something like this. Chairman Callahan stated that the access will present opposition and would need to by studied. He stated that he was in favor of the concept of an apartment buidling. Chairman Callahan spoke on behalf of absent Commission member Taylor stating that he was not opposed to the proposed apartment a but was caut ious of the problems that needed to be addressed. MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 21, 1965. PAGE 13 APPROVAL OF MINUTES* ENPT'IE@ 16, 1965 'It was moved by Chairman Callahan, seconded by Sims, to approve the Minutes of the September 16, 1985 Planning Commission meeting as submitted. Motion, Ayes 5, Nays 0. COUNCIL MEETING REPRESNNSATIVE Chairman Callahan stated he would represent the Planning Commission at the November 12, 1985 Council meeting. ADJOURNNm 11:59 PM It was moved by Chairman Callahan, seconded by Size, to adjourn the Planning Commission meeting at 11:59 PM. Motion, Ayes 6, Nays 0. }t Li, I e- 5naver ITer,rsm— M F.MOR AN DUM TO: Mayor and City Council 1�/'i FROM: Thomas J. Radio, City Attorn�✓ /z RE: Granting a Permit for Construction of Dock: Shaver Corporation DATE: September 6, 1985 INTRODUCTION This memorandum will address some of the issues raised by the request of Shaver Corporation for a permit to consLruct a dock on the sub+ect property. The central issues are cs follows: 1. Whether the property owner has the right to use that portion of the dedicated public right of way not used by the city; 2. whether the dock need be constructed in conformity with regulations of the Lake Minnetonka Conservation District (LMCD) and ordinances of the City. CONCLUSION 1. The property owner does have the right to use that portion of the dedic�hed public right of way not currently used by the City for construction of a dock. 2. Any dock constructed would have to comply with the requirements of the LMCD and ordinances )f the City. ANALYSIS I. The property owner possesses the necessary right to construct the doc'.. The question of the owner's right to construct r dock on the subject property focuses on the unused and submerged portion of the dedicated and platted right of way for Ferndale Road. IT is clear that the requellted dock could not be h,.;tit Shaver I Teaq in such a way as to obstruct any portio -r the dedicated roadway which is be ig used for public 1. The owner of the underlying fee title, however, he. ght to use that portion of the dedicated public right of not being used by the City as long as that use is compatible with the use by the public. Town of Kin hurat v. International Lumber Co., 174 Minn. 305, N._ - . The chief factual issue thus becomes whether the proposed dock is compatible with the public's use of Ferndale Road. The opinions of the City Engineer .and Public works Coordinat,c should be sought regarding the impact such a dock would he- upon the safe use of the road. Should the dock cause eatery risks or other interferences with the use of the road, the Council could legitimately deny the requested permit. Moreover, even if the permit is granted, the City should require certain safety precautions and that the applicant hold the City harmless from any causes of actions that might arise from accidents involving the dock. he with any action, the City should be concerned with the precedential value of its deci:;lon. At the same time, however, whiin dealing with parcels of land, which are unique unto themselves, the precedent set by any one decision in limited to th♦ fa cLs of the si.uation. Each case must be examined on its own merits, wi h the following being considered: 1. Title history; 2. Platting history; 3. Physical characteristics of the property; 4. Taxing records; 5. Public safety issues) 6. Interference with u<;e of public property; and, 7. Length of the dock. At beet, Citure requests for construction of docks in Aedicated but unused public right of ways could be supported on the grounds of precedent oily if the facts were substantially similar to those involved in this particular matter. II. Compliance with regulations of LMCD and C+', Ordinances. The proposed dock would have to comply with t' regulations of the [AC] and the city Zoning code. Pursit to 2- $haver �TeM� LMCD regulations, the dock could not be length, and no more than five feet wide s ubd. 8. more than 25 feet in LMCD ordinance 3.02, Pursuant to Section 10.23, subd. 5 of Orono Zoning code, a dock is an accessory use in this particular zoning district. The import of this requirement is that a dock could not be constructed on this property without first obtaining a variance or until a primary structure were const.ru_ted on the adjoining property. The applicant would also haze to satisfy the requirements of Orono Ordinance 6.07, which prohibits the placing of any structure upon a City street without t obtaining a permit from the City. 1821P cc: Mark Bernhardson, City Administrator John J. Taylor, Esq. Walter H. Rockenstein, Esq. INPLI'4NIN'NI M'IF1H INCIRX"1 /IT1 LYOr MFA XIlY1 N'\r IFYNc i�l`I •NN 1 M1uYr WV-7 SM rnYr••1 L I Y.•YnI. YNrvNv a. . YxIO1.AR YYxFH.MUY1r YRRl1Yf1( 1 1 TY[Ywp IL1rY1 li, NIIS L Y Lit 1. _ NWrnr... r.. tr nm"r"A N^w'M.+ 1l. ILYaI __ AITPNPANr'IV IM r •'IhI •J rY i 4N M1•Inl r .nIW Ir nn4-r • O I IY'ATh NI Yn. InxrL•' 1•r ln•' IInN M rY R•+urYb t'mrwxnlq r.�4 r. ry lM1orrl •IIINr 1:••Nba#, 1'Mlrw.ln In NlraYrs. Y 4M•J ml.vn r4A.INrL, \•LwMI, r'L•'IMq, 1416YN1. Rn•LM. 1'Irn•L sl \ .cll x ixlrrNvn•4nl vr[rr•rNr. 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T t,t w IM FI[\ rbr! x [I Ik C.MeIYr N Cr.•IwN. Y.•.dvb Y^.rrkr 1. 1", M.'" 11[A.Iw:ilull[ PYIANIN .r AT r.N, x NIFrt Ik I II14 T\r•Irr N 14 oleo. bd .., w rk rrnrM1. r crr.+. Inr amrkr P.YY JAIN[/Hr.I M1�M N rnNM TsrNI. Norr.prr 12. M.I 011M. AN IYIe[YM[ A INPN. MId Na YP[11N1: Ib n.Jxlxu4 rr nnn.lcd rh,Ib.nJ IMI rM {I Lf,M' n• .i.wr Im InJr rNr lunxl Ace Lmllp lnnllnunl •nlw 14:Ir xr erc .rna4ullY me\Ix(t ..I {IJII 1.n INN. •.p vrxun � Idrlfk-J NO I witi, IMI n..n unarm n.�4.r1 an n NII tr .m Ih, 11W AUIUUMNYUNT lb.. mroUnN VdFxl•Aed M 1U:4) p m .CW J. tMcNe. CYA Fro Te\r Yllll�r 4. poY1Mr\, CWrY� •llrwrplll! d... ,rnl.n r !N M LrVVd N IINn nllf IJI wMtr Aw A. INTEROFFICE MEMO 85-153 DATE: November 5. 1985 TO: Reserve Personnel - Liason Officer Morowczynaki FROM: Chief Melvin Kilbo SUBJECT: Compliment on a Job Well Done! On 11-4-85, I received a call from Gus Knott, Town and Country Foods regarding the Spook Parade by kids. Mr. Knott wanted to congratulate the reserve force for an excellant job handling the large turnout of kids and parents (approx. 200 people) that turned out to go to Twin Birch Nursing Home and then across Cty. Rd. 15 to MacDonalds. I further received a call from a motorist that was delayed on Cty. Rd. 15 because of the Spook Parade. She called to say what we were doing is to be commended. She thought it was a great idea! Thanks again for the professional work. MINUTES OF THE MEETING OF (HF SCHO BOARD';.. 030 S 0' ORONO INDEPENDENT SCHOOL DISTRICT NO. 27 'HELD ON OCTOBER 14, 1985 OkG1mJ j The ^egular mbetino of the School Board of Orono Independent School District No. 278 w;s 'geld cn ,4on-day, October 14, 1985. present: Dave McKown William Levering James Setter Don Anderson Lucie Taylor William Fenholt Kitty Crosby Absent: Jim Franklin UPON MOTION by Kitty Crosby, seconded by Lucie Taylor, the minutes of the September 23, 1985 regular meeting were approved as presented. Jim Seiter reminded the Board of the AMSD dinner meeting on October 23, 1985, at which member districts will participate in exhibits/demonstrations. "Keyboarding/Word Processing in Grades 5-8" will be demonstrated by students from Orono. Mr. Seiter informed the Board that the Parent Meet and Confer Committee will be meeting on October 21, 1985. Lucie Taylor reported to the Board that she had attended the Orono Planning meeting regarding the proposed Highway 12 corridor planning study. Mrs. Taylor stated that she had a copy of the information available for the school district. UPON MOTION by Bill Levering, seconded by Kitty 'rosby, the consent agenda was approved as follows: 1. Accepted Marjorie S. Bouley's resignation a,.: Orono High School Guidance secretary 2. Accepted Elizabeth Strong's resignation as middle school cashier 3. Approved tht hiring of Pauline Nadeau as middle school cashier 4. Approved the hiring of Carolyn Smith, Ina Powers, and Janet Frahm as Title I aides at Schumann Elementary School S. Approved Lynn M. Parrack's request to attend Orono High School 6. Approved Barton Kusske's request to attend Orono High School 7. Approved Mitchell and Matthew Zwack's request to attend Orono Schools Bill Fenholt updated the Board on the progress of comparable worth. Orono Is data will be ready for acceptance by the November Board meeting and then will be forwarded to the State Department. Jim Setter informed the Board that the insulation at the high school is almost complete. Bill Fenholt reported to the Board on the problem with the gym floor at the high school. He stated that representatives of Haldeman-Homme, the com- pany that installed the floor, would inspect the floor on October 15 and more information would be available after that time. Kitty Crosby expressed appreciation to Jim Seiter for the responses to the recommendations of the EMS study. There will be further discussion on this sub- ject at the November 11, 1985 Board meeting. The Teachers' Meet and Confer Meeting will be held on Wednesday, November 6, 1985 at 4:00 P.M. UPON MOTION by Don Anderson, seconded by Lucie Taylor, the bills as covered by vouchers 049251 through U49368 and 048947 through 049072 (049073 through 049250 will be manual checks) were approved as presented. UPON NOTION by Bill Leering, seconded by Kitty Crosby, the meeting was adjourned. Kat er ne F. Crosby, Clerk Approved: ave RcKown, a ?man -- MINAENAHA CREEK WATERSHED DISTRICT P.O. ba W, Waysata, Minnesota 55391 �arakras A'.H W ' , PM .4 L Lem .A f 7l , ra.waCanW.LrMraY e.lanwRawrawnY.J+nwRsowwwr October 30), 198`. City of Or'xn• p0 Box 66 Crystal Bay, NN 55321 Re: Setback VarlencR Dear Sir: The Board of Managers of the Minnehaha Creek Watershed District is no longer reviewing setback variance requests in those municipalities within the District which have adopted a lake setback ordinance. Very truly yours, EUGENE A. HICKOK AND ASSOCIATES Engineers forta District Y 4NaJy, Engi iie bt cc: Board G. Macomber i J 87' .4FT " w I I R i bI l LVJ \tJ o IN NN I � Exi✓riv�8cpclj.C6t I�, I q :o �— I 1 � i WL�/r4G[7 ip V�dS �oN i, CHaysO �,j/A��sw P"E C IA%iA14! 5/ �Yy e E LC. Y A4/c. t X F C JoN cC (`, �Co Jem zii }s Nc �3 ik� � � I I � I � I I � I � � I I I FILE YATIO A) _ Y C-HIGKEN JOIWT 1/WD56,6PG DE5t&o A LoNsT¢uGT.00 t11000"Mr.^ t1w. 4.14-7G45 M4*061. J• WARrmo*j, pIDLTM O f' ion u� or© o,c PROPOSED PLAT OF KEAVENY ADDITION HENNEPIN COUNTY, MINNESOTA for.- DICK KEAVENY BEARINGS SHOWN ARE ASSUMED o DENOTES IRON MONUMENT N • 0 25 50 75 100 1 I SCALE IN FEET , ,11 T A � - 1 nlfl'43'Sd'E A- 11 ____ i '•I • L 1 ,• I _ I i « � gvuar.� c un►�Tr iaccwlal�s' d-T.f� • l O w j '1•, I T -�- Ok -30 • J IaS.00 Mart- i Ti p i 411a arAT.M .J 0 N ° Q � j M •' INN LTO eIi � . f � 1 " Or Fi9 r ♦ A 1w� .� I� Arl .__ d N • « 1ot.li : �.'.1 a`i --I Ul1TY ii•INT{-1� .Z �A. i I S Nei 1 116.W 'F-+1'., Sfl'4i'so"W GV M i Q M I p C0.6WlMrS •- I� �r •_p e p 1; � , lei ! fT• 43 -Zd' w -� LEGAL DESCRIPTION: TRACT B, R.L.S. NO. 1422 , HENNEPIN COUNTY , MINNESOTA. ^ 0 SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. V LOT I CONTAINS 52,523 SQUARE FEET. LOT 2 CONTAINS 20,000 SQUARE FEET. I hmbf certify tut this sureer, plan, or reVrt tea prepared by me or inkier m7 dlreot rapervlaion-and that I an a duly Iftistered Land Surrevor it_ldar the live of the State or Ulnncrata. ���ZOl!• r F# 1� C. E. COULTER 81 ASSOCIATES, INC. "♦`E I" = so' doe W. 10,445 PROFESSIONAL REGISTERED SURVEYORS eN ne a4sJlro. REG. IN MINN. 9 WISC. FILE NO. 3-f.-81 330D LYNDALE AVENUE SOUTH 4W"APOLIS, MINNESOTA 55408 q TELEPHONE : 612 - 824 - 037& sNctl J, OF I