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HomeMy WebLinkAbout11-25-1985 Council PacketMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMRPR 25, 1985. PAGE] ATTENDANCE, 7:03 PM The Orono Council met on the above date with the fol'owing members present: Mayor Butler, C:ouncil.members Frahm, ,Ndams, liammerel, and Grabek. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Public Works Coordinator Ger.hardson, Chief of Police Kilbo, and City Recorder Peterson. Also present were City Attorney Blatz and City Enaineer Cook. HIGHWOOD PUBLIC ACCESS PUBLIC HEARING 7:04 - 7:37 A Public Hearing was geld regarding limiting the use of the Ci.ty's public access to motorized vehicles including snowmobiles, betweer Lots 23 and 24, Highwood Lake Minnetonka. City Recorder Peterson noted the Affidavit. of. Publication and Certificate of Mailing. City Administratoi Bernhardson explained that this request was prompted by a complaint from Merlin Halverson, 4175 Hiqhwood Road. Bernhardson stated that the access has been used in the past as a walking and snowmobile access by the public which has become a problem with trespassinq on Mr. Halverson's property. Staff is proposing to limit the access, as done with other city .accesses, by restricting motorized vehicles. I-►erlin Halverson and his attorney, Jay Arneson, were present for thin. matter. Jay Arneson stated that his client requests that this access be closed or restricted. He noted the action taken on other local public accesses. Arneson stated that the public access, which was platted in 1.909, no longer serves the purpose intended. He stated that Mr. Halverson, who lives adjacent to the access, has experienced many problems with snowmobilerstrespassingupon his driveway which ismistaker for the access; the seemingly 24 hour traffic; and parties within the access. Mr. Arneson feels these problems will. not be solve,' oy merely restricting motorized vehicles, it. should be closed off. Kuc t Qua(ly questioned why Mr. Halverson doesn't contact the Police Department regardinq the problems. Mr. Arneccon stated that. his client has contacted th,�r rolice numerous times, but the problem continues. fie ne-ted that in addition to the above stated problems, har- ,smont and vandalism have occurred. John Tesar, 4156 Highwood Roat., was present as the other adjacent property owner to this put)lic access. He stated that he supports the views of Mr. Halverson's problems. He noted the danger of an accident occurring when snowmobiles enter the intersection of Hiqhwood due to the steepness of the access. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVP.MBER 25, 1985. PAGE2 HIGHWOOU PUBLIC ACCESS contin+ied Ray Sheeran, 4.140 Highwood Road, stated that his family uses the access For snowmobiling and that Mr. Halverson causes problems by blocking the access making it inaccessible. Mayor Butler stated that the city has an obligation to consider the problems created to those who live next to the property, and noted that the proposal is riot to close off the access, just set limitati.uns upon it. City Administrator Sernhardson stated that the barriers placed within the access have beer, and/or are being removed by the City. Mr. Sheeran submitted a signed petition objecting to the limiting of use. Mayor Butler read the petition into the record. Councilmember Adams questioned the number of complaints on file with the Police Dept. City Administrator Bernhardson stated that staf f has not yet obtained that infcrmation from the Police Dept. Bruce Molumby, 4116 Highwood Road, stated that use of the access was written into his deed. He steteo that. it is unfair to close it to motorized vehicles. tie also noted that Mr. Halverson has physically attacked his fric nds using the access. John Waqman, 4182 Highwood Road, stated that he felt the abusers were not within the neighborhood, but from the public's knowledge of the access. He felt that the first step to closing the access is limiting it. He felt that the public has a right to use of this access. There were no other comments from the public and the public hearing was closed. Councilmember Grabek stated that the purpose of this city right-of-way is not for use by motorized vehicles and should be limited to protect the peace of the adjacent neighbors. Councilmembers Adams and Hammerel agreed with Councilman Grabek's statement. Counci lmember Frahm stated that the hours of use by motorised vehicles should be limited in an attempt to solve the problem before totally restricting motorized vehicles. Public Works Coordinator Gerhardson stated that there is a problem enterinq tl^P intersection clue to the steepners as brought up by Mr. Tesa r . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVF14BER 25, 1985. PAGES HIGHWOOD PUBLIC ACCESS continued It was moved by Councilmember Adar..s, seconded by Mayor Butler, that the City Council direct staff to prepare a resolution, including citing of complaints for document- ation, restricting the access in the manner and utilizing the means outiinad in the attached materials. Motion, Ayes 5, Nays 0. CONSENT AGENDA* It was moved by Councilmember Hammerel, seconded by Councilmember Adams, t) approve the Consent Agenda* subject to removal of itern #2.1 Ulrich Property upon request. Motion, Ayes 5, Nays 0. APPROVAL OF MINUTES* It was moved by Councilmember Hammerel, seconded by Councilmember Adams, to approve the Minutes of the regular November 12, 1985 Council meeting as submitted. Motion, Ayes 5, Nays 0. PARK COMMISSION COMMENTS There were no comments from the Park Commission at this time. LAKE MINNETONKA CONSERVATION DISTRICT REPORT: LAKE MINNETONKA USX AND ACCESS LMCD Representative JoEllen Hurr was present for this matter. She reported that new officers were elected and she was elected a Vice " airman of LMCD and Chairman of Lake Structures and Use mmittee. Regarding the Lake Minnetonka Use issue, JoEllen stated that the LMCD is interested in being the accountant of parking places for access to Lake Minnetonka only. She stated that the LMCD feels that the city's are the best judges of where parking and public accesses should be. JoEllen Burr reported that ,:.he first reading regarding regulating the number of boats allowed to be docked at private docks was passed being: One boat per 50 fret of lakeshore allowed and a one time permit fe^ to register and prove ownership of more than one boat. It was moved by Counci Imember Frahm, seconded Counci lmember Adams, that Orono City Council table the issue regarding Lake Minnetonka use and access until its January 13, 1986 meeting in order to allow appropriate time to review Metropolitan Council's i.ake Minnetonka Task Force report. Motion, Ayes 5, Nays 0. PLANNING COMMISSION C.OMPIR"S There were no comments from the Planning Commission at this time. MINUTES OF THE REGULAR ORONO COUNC11, MEETING HF1,D NOVEMBER 25, 1.985. PAGE4 PUBLIC COMMENTS John C. Eric -son Sr., 1620 Shadywood Road, was present to address the Council. fie stated that he had previously appeared before the Council requesting to build a house on Shadywood Road, which Council denied. He referred to his letter and survey in their packets. Mr. Ericson believes that even though his two lots were legally combined for tax purposes, these lots were platted in 1896 as buildable 60' lots and the City should allow him to build on his lot. He noted that when the sewer came through, a stub was provided for both lots. Mr. Ericson requested the Council reconsider this matter. He also noted that he is willing to take this matter to the courts to decide. City Administrator Bernhardson noted that Mr. Ericson never filed a formal subdivision application, only an appeals application seeking an interpretation of the code. City Attorney blatz noted that the courts tend to require that all. formal procedures be exhausted before going to court. Mayor Butler stated that the problem is that the property was legally combined and needs to be legally subdivided to build. Councilmember Adams stated that he felt that there could be 13 to 16 potential situations just. like Mr. Ericson's, and therefore it is worth taking to court. Cruncilmember Frahm indicated agreement with Councilmember Adams. Mayor Butler advised Mr. Ericson that if he wishes to pursue this matter he should go through the formal subdivision procedure. Curt Quady, 1223 Brown Road S. , was present and questioned if the City's appraiser would be making appointments to appraise the Crystal Bay properties. City Administrator Bernhardson stated that they are in the process of working on details regarding the process of doing the appraisals in Crystal Bay. Mr. Quady questioned the actual location of the Spates public access, which City Administrator Bernhardson clarified for him. Mr. Quady also noted that he is against closing and/or requ lat.ing of public accesses. MINUTES OF THE REGULAR 0F,,7NO COUNCIL MEETING HELD NOVEMBER 25, 1985. PAGE, ZONING ADMINISTRATOR'S REPORT: #852 WILLIAM GREGORY* 1410 SHORELINE DRIVE It was moved by Councilmember Hammerel, seconded by Councilmember Adams, to table this matter until the December 9, 1985 meeting. Motion, Ayes 5, Nays 0. #972 SHAVER/TF.ARSE 1080 WEST FERNDALE VARIANCE RESOLUTION #1886 Jim Shaver was p_esent for this matter. Mayor Butler stated she had a problem recognizing property that is lakebound, but does not have a problem with applicants' utilization of city right-of-way to maintain a dock. It was, moved by Councilmember Frahm, seconded by Councilmember Hammerel, to adopt Resolution #1886 as drafted. Mc)t.iun, Ayes 5, Nays 0. #974 ERIC J. CHRISTENSEN 900 NORTH SHORE DRIVE WEST FINAL SUBDIVISION RESOLUTION #1887 Eric J. Christensen was present for this matter. It was moved by Councilmember Frahm, seconded by Mayor Butler, to adopt Resolution #1887 approving final subdivision as drafted. Motion, Ayes 5, Nays 0. 1980 RICHARD M. RBAVENY* #962 JOffN C. LAMBIN* 3423 SHORELINE. DRIVE 3405 SHORELINE DRIVE PRELIMINARY SUBD1VI5I0N COMMERCIAL SITE PI..AN REVIEW i CONDITIONAI. USE PERMIT It was moved by Councilmember Hammer, -,I, :seconded by CouncilmemberAdams, to table these applications, per staff recommendation., until. right-of-way, traffic flow and parki.nq issues are resolved and staff is able to preserI comprehensive plan. Motion, Ayes 5, Nays 0. 0986 GEiORGE ROVEGNO 2010 SHOREtLINE DRIVE VARIANCE;/CONDITIONAL USES PERMIT Mr. 6 Mrs. George Rovegno were present for this muter. City Administrator Bernhardson reviewed the background of applicants' fence to date. City Attorney Blatz stated that it. was h,!r legal opinion that a fence is not permitted within 75' of the lake without a variance, based on revirwal of Section 10.::t suhdivisions 1 i 2 and Section 10.C3 Subdivision 1. MINUTES OF THE REGULAR ORONO COUNCIL MPETING HELD NOVF:MBRR 25, 1985. PACE() #986 ROVEGNO continued City Administrator Bernhardson understood and agreed with Attorney Blatz's opinion. Councilmember Grabek stated he Was in favor of complet.e removal of the fence as soon as possible and applicant should have been ticketed for constructing the fence at the very beginning. He stated that it would be setting a precedent by approving the fence. Mayor Butler indicated her agreement with Councilmember Grabek. Councilmember Adams believed through various interpre- tations that a 3-1/2' fence was legal., but if it is illegal, it should be removed. Councilmember Hammerel reflected Councilmember Adams previous misunderstanding that a 3-1/2'fence was legal, but was opposed to fences around the lake. r_ouncilmembe Frahm stated he did not like the fence but feels property owners have the right to prevent trespassing and damage ° - their property. He felt that these problems and a so— tion should be addressed. He suggested consideration of the "opaque" fence. Zoning Admi.nistra*.or Mabusth stated that she did suggest a fence to Mr. Rovegrio to salve his trespassing problem. She noted that the int,,nt was a 3-1/2' fence and not a "privacy" fence. George Roveqno sta.ed that he would be willing to take the fence down by the ac --ess. He noted that he i s not interested in a variance or c= nditional use permit, he just wants his privacy. Ile stated hat he will abide by any de.:ision made by the Counci 1 and go l rom there, a -id that. his intent was not ao upset the neighbors. Councilmember Frahm stated that luck of privacy goes with that type of lakeshore property, but the trespassing on private property should be dealt wit.h. It was moved by Councilmember Grabek, seconded by Mayor Butler, to require the fence and posts be. removed completely by December 15th, 1985. Motion, Ayes 4, Nays 1. Co�.,nci lmember Frahm voted nay stating he was in favor of a variance for a 3-1/2' opaque fence. It was moved by Councilmember Adams, seconded by Councilmember Frahm, to instruct staff to work with applicant. for an acceptaole solution to his trespassing problem. Motion, Ayes 4, Nays 1. Councilmember Grabek stated that too much expense and staff time has been spent alrPady in t.hib matter. For clarification, applicant was instructed to ccwbe up with an alternative solution and submit to staff. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HFLD NOVEMBUR 25, 1985. PAC,E7 CITY ENGINEER'S REPORT City Enginect Cook had no report at this time. PUBLIC COMMENTS MAYOR'S REPORT CAB LR TV Sill I OR CI'rI ZENS -Mr.. Curt Quady stated that he has been unable to get the city to put a load of gravel on his driveway so he can drive on it reasonably. Mayor Butler instructed City Engineer Cook to help resolve the matter of gravel for Mr. Quady. -Norma Godfrey stated that she felt the city was setting a precedent by adjusting the variance fee charged in the Rovegno application. Mayor Butler stated that the reduction of fee was made in order to get applicant to appear. -LaDean McWilliams, cited a state statute regarding the safety hazards involved in Mr. Rovegno's fence, and stated he should have been prosecuted. City Administrator Bernhardson indicated that except for the fee, Mr. Rovegno was treated in the same manner as all other persons with after -the -fact variances and that the fee matter would be rectified. Mayor Butler had nothing to report at this time. Councilmember Frahm reported that. approximately $81,000 in fees have been obtained which wi 11 be more than adequate. He recommended the city look at an ordinance for regulating satelite dishes. He also Toted that the commission has hired a part-time Cable Administrator. Councilmember Frahm reported that they are, looking for more block grant funds for another medical van. Councilmember Frahm also noted thatthere is not a social worker from Hennepin County in this area which is a problem. CITY ADMINISTRATOR'S REPORT: WM I CI PAL. STATE A i l) STREET SYSTEM It was moved by Councilmember Frahm, seconded by Counci!memberHammerel,that the Council accept report.which designates appropriate streets within the community as its Municipal State Aid system and that Glenn Cook he directed to prepare the appropriate capital plan needs assessment for submission to the Council and subsequent submission to the State of. Minnesota prior to March 1, 1986. Motion, Ayes 5, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 25, 1985. PAGE8 POLICE OFFICER EMPLOYMENT It was moved by Mayor Butler, seconder iy Councilmember Adams, that the Council direct staff o implement the recommendations as outlined in staff memo, uated Novt,:mber 21, 1985. Motion, Ayes 5, Nays 0. YEAR F21D MEETING It was moved by Mayor Butler, seconded by Councilmember Frahm, that the Council have a special meeting to consider yea,i end business at 5:00 PM, Monday, December 23, 1985, with the appropriate agenda posted in advance of that meeting. Motion, Ayes 5, Nays 0. LIQUOR STORE OPERATIONS It was moved by Councilmember Adams, seconded by Councilmember tammerel, that discussion regarding the operation be tabled until.December 9, 1985. Motion, Ayes 5, Nays 0. BONESTROO - 1986 FEE SCHEDULE* It was moved by Councilmember Hammerel, seconded by Councilmember Adams, that City Council accept the proposed rates as an amendment to its contract. with Bonestroo and Agsociates for 4ngineering services. Motion, Ades 5, Nays 0. SPATES PUBLIC ACCESS* RESOLUTIOV #1889 It was moved by Councilmember Hammerel, seconded by Councilmember Adams, that the Council adopt Resolution 01889 t,) temporarily delay the opening of the Spates Avenue access from 1 Dec2m!,ur 1985 to 15 December 1985. Motion, Ayes 5, Nays 0. ADMINISTRATIVE i PERSONNEL RULES* RESOLUTION #1890 It was moved by Councilmember Hammerel, seconded by Councilmember Adams, *hat the City Council adopt the personnel rules as amended by adoption of Resolution #1890 which will implement the rules effective 1 December 1985. Motion, Ayes 5, Nays 0. WHITE BEAR ANIMAh C:ONTROI. CONTRACT* It was moved by Councilmember Hammerel, aeconded by Councilmember Adams, that the City Council direct staff to enter into appropriate contractual arrangements with white Bear Animal Control for animal control services for 1.986. Motion, Ayes 5, Nays 0. RIWUND BUIIJ)ING PERMIT - CRIS BOLLIS* It was moved by Councilmember Hammerel, seconded by Counci Imember Adams, that the City of Orono refund $937.75 to Mr. Chris Bollis because of double payment for a building permit. Mc.)tion, Ayes 5, Nays 0. MINUTES OF THE REGULAR ORONO COUNCII. MEETING HELD NOVEMBER 25, 1985. PAGE9 ULRICH PROPERTY City A(_i►ninistrat.or Bernhardson updated the Council regarding the construction being done on the Ulrich property. He noted that, due to a lack of information, the Planning Commission has recommended that staff stop all work both landscaping and building on the site, however, staff does not feel that such a blanket stop work is appropriate particularly since the violations have bF--en in the landscaping portion. City Administrator Bernhardson stated staff recommends the following: a) Permit construction of the building within applicable codes and ordinances. b) Stop all landscaping work pending consideration by Council of the conditional use permit, and variances with the exception of: 1 ) Complete filling of the trench utilized to hook to sewer in Bohn's Point Road. 2) Complete backfill around the house. 3) Removal of stockpiled dirt from right-of-way. H.L. and Virginia Sweatt., 3225 Bohn's Point Lane, were present for this matter. Mr. aeatt stated that this property has been undergoing a filling operation for the past two years which has culminated in 14,000 cubic yards of fill. His concern is t►.e basic level of the land being raj sed wi th the new 2 story house being built on top which blocks �,He stated he felt that this project has not been closely monitored by the city and agrees with the rationale of the Planning Commission's recommendation for a stop work order. Zoning Administrator Mabusth explained the flood,A ain elevations noting the house or easement f loor has been placed at the lowest allowed P:evations and not on fill. She further explained the 1:-ui idinq ar.d zoning code standards regarding the "mean" height of a structure from the finished grade. Virginia Swca*.t stated that she felt the size and height of the house wii? overshadow their property and is inappropriate for the area. She stated the City should have maximum rize restrictions. She invited the Council to visit. their home and property to view the construction. City Administrator Bernhardson stated staff will review the ordinance to determine if the house is legal within their present ordinances and also determine if ordinances are lacking. He noted that staff will report back at the December 9th meeting. MINUTES OF THE REGULAR 1JRONO COUNCII. MEETING IIH: ') NOVI 'FR 25, 1985. PAGE10 ULRICH PROPERTY continued Mr. Sweatt rioted that it was recomm:."nded at the Planning Commission meeting that there be weekjy road maintenance and repair dcre by the applicant. 1290 SPRUCE PLACE* It was moved by Councilmember Adams, seconded by Councilmember Grabek, that the City Council concurs in the actions staff has undertaken in relation to development r,n the property as outlined above. Motion, Ayes 5, Nays 0. It was moved by Councilmember Iammerel, seconded by Councilmember Adams, the City Council hereby authorizes expenditure of up to $2,500 for removal of the house at 1290 Spruce Place and that the assessment be placed against the property so that. the City may recover its demolition .:ost upon sale of the property. Motion, Ayes 5, Nays 0. ADMINISTRATGA'S INFORMATION* It was moved by Councilmember Hammerel, seconded by Councilmember Adams, to accept City Administrator. Bernhardson's Information report regarding: County Road 15, Long bake Library, Hardcover, and hazardous Buildings. Motion, Ayes 5, Nays 0. CITY ATPORNEY'S REPORT City Attorney 13latz request.!d the Council enter into executive session at this time. LICENSE.,* DILLS* It was moved by Councilmember Ha,.Ae.:el, seconded by ccunci.lmember Adams, to approve the following permit: Art Center of Minnesota - one day set-up Permit for: December 3, 1985 December 4, 1.985 December 5, 1985 December 6, 1985 December 7, 1985 (Holiday Howse) Motion, Ayes 5, Nays 0. It was moved by Councilmember Hammerel, seconded by Councilmember Adams, to approve payment of the All Fends Accounts and Liquor Store Accounts. Motion, Ayes 5, Nays 0. ALmoURNMI NT 10s 25 PM It was moved by Mayor Butler, seconded by Councilawwber Frahm, to adjourn the regular Council meeting at 10:25 PM. Motion, Ayes 5, Nays 0. MA r /-���u t e r , AGENDA FOR COUNCIL MEETING SET FOR MONDAY, NOVEMBER 25, 1985, 7:00 P.M. (•) Asterisk items are considered to be routine items to be enacted upon by one mcl.ion by the City Council under the Consent Item' on the agenda. Discussion will be held upon request. ROLL CALL 1. 7:00 P.M. Public Hearing - Highwood Public Ac:.:ess ?. COH3ENT AGENDA* APPROVAL UP MINUT93 e Regular Meeting of November 12. iyS PARK CO(1MI5r3ION COMMENTS LAKE MINNETONKA COP'SERVATION DISTRICT REP04T - ;oEllen Hurr Representative Lake MinnetonKa Use and Access P1.ANk-PG CUMM133109 COMMENTS PUBLIC COMMENTS - (Limit 5 Minutes Per Person) 5. John Ericson ZONING ADMINISTRATOR'S REPORT + 6. 0852 William Gregory, 1410 Shoreline Drive (Continued tc 12.9/85) '1. 09'12 Shaver/Tearse, 1080 West Ferndale - Variance - Resolution R. #974 Eric J. Christensen, 900 N.) th Shore Drive Test - Final Subdivision - Resolution • `). #980 Richard M. Keaverny, 3423 Shoreline Drive A) Preliminary Subdivision B) Request fur Building Permit Prior to Final Plat Approval 010. #982 John C. Lamb n, 3405. Shoreline Drive - Conditional Use Permit on. Commercial Site Plan Review li. 0986 George Rovegno, 2010 Shoreline Drive - Variance/Conditional Us• Permit - Resolution CITY ENGINEER'S REPORT KATOR'S REPORT CITY ADMINI3TRATOR'3 REPORT 12. Municipal State Aid Street System - Resolution 11. Police Officer Fmployment 14. Year End Meeting 15. Liquor Store Operations e16. Bonestroa - 1986 Fee Schedule 917. Spates Publiz Access - December 15 - Resolution al®. Administrative and Personnel Rules - 9esuluti,)n e19. White Boar Animal Control Contract e20. Refund Building Permit Cris Bollis 021. Ulrich Property a22. 1290 Spruce Place 023. Administrator's Information County Road 15 Long Lake Library Nardcover Hraardous buildings AGE;►,►A FOR COUNCIL MEETING SET FOR MONDAY, NOVEMBER 25, 1985, 7:00 P.M. CITY ATTORNET'S REPORT LICENSES ( 211 * ) BILLS (250) •DJOURNMENT i;,,,V2v19 ! TO: Mark Bernhardson, City Administrator FROM: John Gerhardson, Public Works Coordinator DATE: November 22, 1985 SUBJECT: Highwood Lake Access - Restricted Use Attached for review is a ropy of the Letter from Merlin Halverson, 41'75 Highwood Road outlining concerns regarding the activity of the access and a sketch showing now the access would be posted for restricted line if that is the outcome of the public hearing. We would also place some type of marking ')osts on the west side of the access line delineating the west boundary of the a:;cess. TO: Mayor and City Council FROM: Mark Bernhardson, City Administritorw 0 Forwarded recommending approval. This is in line with actions taken on other accesses. PROPOSED MOTI')N - Moved by , Seconded by that the City CaunciI to direct staff to per pare a resolution restricting the access in the manner and utilitizing the means outlined in the attached materials. Ayes Nays ►9 "BI:C'AUSE WF. CARE" Cisrcj;''JO MINNEA O LIS AGE: AND 01"I" 111 ('NI i l' CE``I'ER ""V"---- 1801 NICOLLET AVENUE SOUTH / MINNEAPOLIS, MINNESOTA 55403 / 612-874 5525 Wphne H. Krvute, President iktober 1.7, 1985 Orono City Ctxax i 1 c/o John R. Gerhardson P.O. Box 66 Crystal Bay, MP4 55323 Dear Mr. Gerhardson: Our office represents Mr. Merlin Halverson, 4175 Highwxxl Road. We request that the City Council consider the following facts and take one of the steps descri lx t below at its next meeting on October 28, 1985. An unimproved alley abuts Mr. Halverson'; property. A certificate of survey attached to this letter shows the location of the allev in reference to Mr. Halverson's lot number 24. 'This alley was dedicated to the public when the property was platLed in 19C)9. Apparently, the original purpose of the alley was use as a fire l.arte. Whether it was ever used for this purpose is unknown, txtt it is clear that it has not been used as such for marry years, aril that it will not be used for that purpose in the future. The alley serves no other important public purpose either. It is located off a quiet, dead-end residential street. rraxr, the street it is rot recognizable as an alley. It is overgrown with trees, bushes arxi ',Al grasses. The City has made no effort to maintain it in the Iiist and has r-K) intention of maintaining it in the future. At the present, it is impassable by any four-wheel vehicles. If it were improved, it would still, to too narrow for lautnching boats or for use as a swimming In short, it serves no public purpose. Mrnren� r, it has been used very little by the public. 'Ihe presence of thick vegetat i ctn and the ahsclme of any foot path is proof that the alley is not used by the general pciblic. Its presence, however, has at times attracted late night par.y gars who Kivu caused problems for Mr. Halverson. They gave came on snowmbi.les, cn motor bike.., and by foot. liiev tktve txen vary noisy late at night. Thev have littered the area with beer cans art] bottles. They have trespassed upon Mr. tialverson's property, v.:nxializing his property and harassing him. Mr. Wilverson's hcxise t% sittvtted approximately thirty (30) feet from the alley. to is unable to sleep when these people coma through the alley late at night. AN fOliAl ONf?R11'N,fY f u1`l UYf N Urorx) City Q)IzIc i 1 Page 2 The problem is exacerbated by the fact that Mr. Halverson's driveway is adjacent to the alley. Due to the fact that it is much more defined then the alley itself, it has frequently been mistaken for the alley. This has further iri reased the trespassing upon Mr. Halverson's property. For these reasons, Mr. K-4'.verson requests that the City Council take the following action: 1. Vacate the Alley a. Tie City vxxild have no further obligation to maintain the alley. b. The City would not be liable for any personal injuries sustained in the alley. c. 1he property would be, 1xit back on the tax rolls. d. Mr. Halver:.on and the property currier of Lot 23 would have complete control over the alley. e. the )'ems caused by the current use of the alley would be el ind,. d. �. Block Off the Allev a. The. City would have no further obligation to maintain the alley. b. The City would reduce its risk of liability. c. The problems caused by the current use of the alley would be reduced or eliminated. 3. Prohibit Use of the Alley by Motorized Vehicles a. The City would reduce its risk of liabilit- h. `Ihe problems caused by the current use o' alley would be reduced. Thank you for your consideration of this matter. Sincerely, J� sun, Attorney K.A' .0. 1801 Nicol let Av*E rw South Minnealx)l i s . KJ 5W)3 874-5585 IA:nw► Corti ficat-a of Survey for the City oC Orono of th,• Alley between Lots 23 and 24 HighwoaJ Lake Minnetonka I hereby certify that this is a true and correct representation of a survey of the boundaries of the alley lying between Lots 23 and 24, Highwood Lar.,s Minnetonka, and the locaticn of all visible encroachmPntz, if any, on or from said land. COFFIN & GRONPERG, TNC . Mark Gronb-rg Reg. No. 12755 Gordon R. Coffin Reg. No. 6064 Engineers & Land Urvey,-r!,; Long Lake, Minnesota Date . 4-4-85, v-, -es Scale: i" - 40' o ron marker tiro e rJ0 h'tj A / L r�s /4LW E l iyow <<NCO p b Car*" Y .,. Mpr w p' L1 CAtrwA/0.d {7 fj % NO CADlilt RILES •—A L( L LJ Z- 1) NOTICE OF PUBLIC HEARING NOTICE: is hereby given that the Orono City Council will hold a public hearir►g in the Orono Council Chambers on Monday, November 25, 1985, at 7.00 P.M., regarding limiting the use of the City's public access to motorized vehicles including snowmobiles, between Lots 23 and 24, Highwood Lake Minnetonka. Al 1 person wishing to be heard wi I 1 appear at this time. Written c:omment3 are solicited. Dated November 6, 1985. BY ORDER OF THE; CITY COUNCIL ,'5/ Dorothy M. Hall in City Clerk Publish in the Laker and the Pi nuer the week of November 11, 1985 C oun c ► I Mee-4-{ n5 ql UJ(J0of November 25, 1985 �cPSS Petition to City of Orono, Minnesota Public Hearing November 25, 1985 We the undersigned object to "limiting the use of the city's public access to motorized vehicles, between lots 23 and 24 Highwood - Lake Minnetonka. The property owners on the north side of Highwood '?oad were granted the privi.ledge of this access when the properties were purchased. The only abuse ever ;generated from this privil.edge was a property owner on the access, as the city's records will show. Without this access it is necessary to "trailer" to another public access for use on the lake for recreation, or to another area. completely. Vie feel this is unfair, unnecessary and injust. r, 1y"7 41 / 3 <4 I1 L._�� Ctti-') K1 r c `oil ,f .e November 25, 1985 Petition to city of Orono, Minnesota Public Hearing November 25, 1985 r C 4A) We the ,indersigned object to "limiting the use of the city's public access to motorized vehicles, between lots 23 and 24 Highwood - take Minnetonka. The property owners on the north side of Highwood Road were granted the priviledge of this access when the properties were purchased. The only abuse ever generated from this privil.edge was a property owner on the access, as the city's records will. show. Without this access it is necessary to "trailer" to another public access for use on the lake for recreation, or to another area completely. We feel this is unfair, unnecessary and injust. G) I %� r�S. 7a i d C-1 t? y '1.7/ "4,1 41 0 D 1r MINUTES OF THE REGULAR ORONO COUNCIh MEETING HELD NOVEl1,E3?l; 12, 1985. PG. 1 ATTENDANCE 7:02 PM The Orono Council. met on the above dlat- with the following members present: Mayor Butler, Councilmembers Frahm, Adams, and Hammerel. Councilmemher 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. C�ty Attorney Blatz and City Engineer Cook were also present WESTERN HENNEPIN COUNTY PIONEER ASSOCIATION REPRESENTATIVE Present, representing the Western Hennepin County Pioneer Association, were Jim Dillman, Ken Turnham, and Dan Mendelson. CONSENT AGENDA* Jim Dillman handed out some literature to the Council regarding the Museum and thanked the City for its continued support of an annual donation. It was noted that the Museum is open to the public on Sundays from 2:00 to 5:00 FM. It was moved by Councilmemher Frahm, seconded by Councilmember Hammerel, to approve the consent agenda* subject to removal of. Item #10 M986 Roveqno per Mayor Butler's request. Motion, Ayes 4, Nays 0. APPROVAL OF MINUTES* It . was moved by Council.member Frahm, seconded by Counci.lmember Hammerel, to approve the Minutes of the October 28, 1985 Council meeting as submitted. Motion, Ayes 4, Nays 0. PARK COMMISSION COMMENTS There were no comments from the Park Commission at this time. PLANNING COMMISSION COMMENTS Planning Commission Chairman Callahan was present and had no comments at this time. PUBLIC COMMENTS -Curt Quad, 1.22:3 South Brawn Road, was present stating his di sapprov. . of persons who are able to -)btain variances after they have ccnstrurted illegal strut-ures. -Gary Print.up, 1261 Briar Street, was p. ent inquiring about the status of the Crystal. Bay sewer ,-,roject and when they cyan expect to hook up. Engineer Cook advised him that they will start inspecting the lines this week and possibly some hook-ups will start being made next week. City Administrator Bernhardson told Mr. Printup to contact Public Works Coordinator Gerhardson next week for a more acrurate hook-up date. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NO' 'R 12, 1985. PG. 2 ZONING ADMINISTRATOR'S REPORT: #921 VAN HECKHOUT BUILDING CORP.• 2135 SALEM COURT VARIANCE RESOLUTION #1881 Itwas moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve Resolution 01881 granting a variance to permit the construction of an attached garage located I.1 feet from the northerly side lot line where a 30 foot setback is normally required. Motion, Ayes 4, Nays 0. #852 WILLIAM GREGORY 1410 SHORELINE 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 would be setting a negative precedent. Councilmember Ad ns felt that this should be considered and indicated as a est catagory" in order to limit. further applications for this type of project. City Administrate - liernhardson stated that due to the f low in this particular t ea, it would no* prove to be a good test area. It was moved by Councilme. Frahm, seconded by Councilmember Adams, to table th,s 111atter for further study in order to establish criteria guidelines. Motion, Ayes4, Nays 0. #906 SHIRLEY McWILLIAMS 1120 AAiD 1130 WILLOW DRIVE SOUTH PILL SUBDIVISION RESOLUTION #1882 La Dean McWilliams, 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 structure. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVE14BER 12, 1985. PG. 3 f906 McWW1LLIAMS continued It was moved by Councilmember Adams, seconded by Councilmember Frahm, toadopt Resolution #1882 approving the metes and bounds subdivision of a lot line rearrangment as proposed. Motion, Ayes 4, Nays 0. #976 CALV.IN KORTH 2615 LYRIC AVENUE CONDITIONAL USE PERMIT RESOLUTION 11883 Calvin Korth was not present. for this matter. City Administrator Bernhardson explained the request for a conditional use permit to keep a pet pygmy goat. It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to adopt Resolution 01.883approving the Conditional Use Permit. to keep a pet goat subject to staf.f's recommendations. Motion, Ayes 4, Nays 0. 1980 RICHARD M. KFJ%VENY 3423 SHORELINE DRIVE PRELIMINARY SUBDIVISION City Administrat -)r Bernhardson explained the impact 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 Coo . pointed out the problems with the parking by the logs of the right--ref-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 that bared upon the hours of operation of the existing establishments and that the proposed "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 concerns regarding the possible odors from thes proposed "Chicken ,pint." and the weasures that would :>e taken to control this. Counr. i 1 member Adams felt Mt. McEneny' s concern was valid and should bc• cons i 1pred . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 12, 1985. PG. 4 1980 REA'V .-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. i962 JOHN C. LAMBIN 3405 SHORELINE DRIVE CONDITIONAL USE PERMIT Toe Gorecki was present representing applicant. ue to the tabling of the previous subdivision request (0980 ) 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 on the plans. Planning Commission Chairman Cal.iahan noted the con --erns of the traffic flow pattern on Kelly Are. City Engineer Cook explained his proposed sketch iExhibit F) for traffic pattern. It wAs moved by Councilmember Hammerel, seconded by Councilmember Frahm, to table this matter subject to final subdivision of #980. Motion, Ayes Q, Nays 0. #986 GRORGB ROj."W00 2010 SMOREI.INE DRIVE VARIANCX/COKDITIOIIKL UbE PEIEtMIT .UrION George Rovegno was not prnsent 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 al lowinq this 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 , s whether or not a fence over 3-1/2 feet is al lowed and/or allowing an accessory structure on property which does i support the primary structure. Mayor ier stated that she felt by ailowinq the fence to rema! ()uld be setting a criti•41 precedent. Gary Pr:ntup, 1:61 Briar Street, gad that County Rd. 15 is a designated scenic park route ir accordance witti the Orono Comprehensive Guide Plnn. HP voiced his object ions with the Council approving the fence after the Planninq i ,%mis lion denied the fence. MINUTES OF THE REGULAR ORONO 'OUNCIL MEETING II;HLU WOVEMBER 12, 1965. YG. 5 #9H6 ROVEGNO continued Councilmember Adams stated that, an aft.er-tt:e-fact variance fee should be applied. Jack Spence, 2040 North Share Drive, stated that it 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 atated 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 Lagean McWilliams, 1130 Willow Dr. S., stated that perhaps the definition of "fence" should be changed. Sandy Sandqren, Crystal Day, stated that the fence creates visual hazards. Public Works Coordinator Gerhardson stated that the fence at it- present height is definitely a hazard but would not be a iazard at 3-1/2 feet in height. Mayor Butler noted .`at this fence issue must be resolved because the public access is to be opened on December 1, 1985. Council felt it inappropriate to make a decision on this issue without the applicant being present. City Attorney Blatz was instructHd to reveiw the ordinance to determine whett. , a fence is allowed within 75' of lakeshore. It was moved y Councilmember Frahm, seconded by Councilmember Hammerel, to table this matter until the November 25th Council meeting, to determine the need for a variance for an accessory structure and its impact, so applicant can be present, and amend the existing resolution delaying the opening of the Spates public access until December 15th. Motion, Ayes 4, Nays 0. CITY FMGI.NEER'S REPORT: Ph URST FOR FINAL PAYMENT* ,BI)LICKT, INC. HIGHWAY 12 DITCH GRADING It was moved by Councilmember Frahm, seconded �)y Councilmember Hammerel, to approve the Final request for payment from Jedlicki, Inc. for T.N. Highway 12. sanitary Sewer. Repair and Ditch Grading in the amount. of $1.215.00. Motion, Ayes 4, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVF41BER 12, 1985. PG. 6 CRYSTAL BAY SEWER PROJECT* CONTRACTOR'S ESTIMATE 14 It was moved by Councilmember Frahw, seconded by C Hammere I , to approve the request for payment # 4 f rom A. R. I . Contracting, Inc. for Sanitary Sewer Imp,ovements Crystal Bay in the amount of $121,731.01. 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. Muel..P & Sons, Inc. for Willow Drive overlay -Gild Crystal Bay R 'verlay in the amount of $30,324.47. Motion, Ayes ys 0. CITY ADMINISTRATOR'S REPORT: LAKE 14LKNRTONKA USE AND ACCYSS 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. Lean Regan, 3410 North . hore Drive, was present and inquired about the possibilities of getting "no parking" 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 probabl•.- be very much against. a "no parking" zone. City Administrator Bernhardson introduced Senator 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 +-hat the City's should be involved in the siti.ngs. Senator Olson noted that. Lake Minnetonka is the fifth busiest lake in the country. Sne spoke on the problems they have encountered in Minnetrista regarding public accesses. Councilmember Frahm had concerns regar' ,g the responsi- bility of maintenance of the "free" pu) c accesses. Mayor Butler noted the public safety problems once the boats are on the lake. It was moved by Mayor Butler, seconded by Councilnember Frahm, to continue the Lake Minnetonka Use and Access discussion until the November 25, 1985 Council meeting. Mot: is -., Ays- s 4, Nays 0. MINUTES OF THE REGULAR OIONO COUNCII. MEETING HELD NOVEMBER 12, 1985. PG. 7 MARINA LICENSING AND LAND U,3E It was moved by Councilmember Hammerel, seconder=d by Counci lmember 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 - Council reviewed the drafted ordinance No. 14, Second Serifs regarding exterior buildir�j time of construction. It was moved by Mayor Butler, seconded by Councilmember Adams, that Coiu,cil adopt Ordinance No. 14, Second Series regardin; axter.ior building construction as an amendment to Ordinance No. 12.05. Motion, Ayes 4, Nays 0. Parades and Special Events - Council reviewed the drafted Ordinance No. 17, Second Series regarding Shows and Large Assemblies and Parade- and Special Events. Council felt that one-time events should probably be excluded from this ordinance. It. was moved by C-lincilmember Hammerel, seconded by Mayor Butler, to table t,,is ordinance revision for further review until the January 13, 1986 Council meeting. Motion, Ayes 4, Nays 0. 1986 SCHEDULE AND HOLIDAYS Council reviewed the proposed 1986 schedule and holidays. PERSONNEL RULES It was moved by Mayor Butler, seconded by Councilmember Hammerel, that the meeting schedule asset for and be adopted subject to change as need be together with adopting officially the 1986 holiday schedule. Moti.3n, Ayes 4, Nays 0. City Administrator Bernhardson submitted the proposed Administrative and Personnel Policy and requested that Council table 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 TO DRLlNQUEMT SBPTIC ASSRESMBNT ROLL* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to amend the 1985 delinquent septic charges assessment roll levy 010007 t.o include $140.00 for the properties listed on page 15 of the cent i f is it i on roll. Motion, Ayes 4, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 12, 1985. PG. 8 EQUIPMENT ACQUISITION AND DISPOSITION* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, 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 11884 It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, that Resolution #1884 be adopted denying sewer access to Long Lake sewer for the property in question. Motion, Ayes 4, Nays 0. CRYSTAL BAY FUTURE CONNECTION CHARGE* RESOLUTION i1885 It was moved by Council:z�mber Frahm, seconded by Councilmember Hammerel, that the City Council adopt Resolution #1885 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 mov,_�d by Councilmember Frahm, seconded by Councilmember Fiammerel, to accept City Administrator Bernhardson's memo regarding: Goal Setting Status, Acting Administrator, Minnetonka Gun Club, Schlee Development, and Big Island 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. LICENSES* i', ADJOURWWNT 10:33 ATTEST: It wa, moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the following licenses: Ingelside Engineering & Construction Inc. - Septic System Installer License Discount Flowers - Solicitor's License MPIRG - Solicitor's Licclse Motion, Ayes 4, Nays 0. It was moved by Councilmember Frahm, seconded by Councilmember Hammered, to approve payment of the All Funds Accounts and Liquor Store Accounts. Motion, Ayr s 4, Nays 0. PH It was moved by Mayor Butler, seconded by Councilmember Adams, to adjourn the regular Council meeting at 10:33 PM. Motion, Ayes 4, Nays 0. Dor�o_tt M. Makin, City C Le Mary C. But er, Mayor TO: Mayor and City Council ry� FROM: Mark Bernhrardson, City Administrator(i;l�}� DATE: November 21, 1985 SUBJECT: Lake Minnetonka Use and Access LMCD/OFF SITE PARKING COMMITMENTS - As you will recall from last time JoEllen Hurr our representative to the LMCD will be presenting a request at Lhis meeting that Orono take the appropriate steps to commit off street parking near the North Arm lending. METRO COUNCIL/LAKE MINNETONKA TASK FORCE - 'the Metro Council's intial task force hearing was held Wed- nesday night, November 13th, at. Minnetonka City Hall. Approximately half of the communities from the lake that had been invited to make comments were present. My presentation was a immary Of some of th 1 issues outlined in my draft comments was presented at the last Council meeting. Based on my comments and observations at the meeting I felt it appropriate to submit a follow-up letter, which was in line with the comments from that draft. Attached please find the letter that was sent to the Tdsk Force. It is expected that the Task Force will issue a preliminary report on December 16th and will allow approximately one month for review and comment. It is anticipated that the Task Force will hold two hearings on that preliminary report the third week in January. REC_0_MMENDATION - It is the recommendation that this entire issue De table until the 13th of January to allow staff and Council the opportunity to review the Metro CouncII's Task Force report and respond to that report. Additionally at that January 1 3 t h meeting the Council will able to decide if they want. to take further action on securing the off -site parking near North Are or any of the other recommendations from the original 1183 Task Force report. PROPOSED MOTION - Moved by , Seconded by _- that Orono City Council table the issue regarding Lake Minnetonka use and access until its January 13, 1986, meeting in order to allow appropriate time to review Metropolitan Council's Lake Minnetonka Task Force report. Ayes Nays ec: Dai4 Regan, 3410 North Shore Drive JoEllen Hurr r CITY of G,RONO Yosl Offict W)x 66•Crystal flay, Minnesota 5 323•Munidpal Offices On the North Share of hake Minnetonka November 20, 1985 Mr. Patrick Scully, Chairman Metropolitan Council Task Fero on Lake Minnetonka C/O Arne Stefferud Metro Council 7th and Robert Streets St. Paul, MN 55101 Dear Mr. Scully, Enclosed please find the City of Orono's response to your letter of October 30, 1985, regarding the Metropolitan Council Task Force on Lake Minnetonka. Sincerely, kw,( 6A��Mark B City Administrator BUILDING • ZONING - 473.7357 • ADMINIS MATION ♦ FINANCE - 473-7358 • ►UWW WORKS -- 471.7339 ASSFUIN(, Attn: Patrick Scully, Chairman CITY OF ORONO RESPONSE TO LAKE MINNETONKA TASK FORCE 11/20/85 1. How is Lake Minnetonka managed by your city under its statutory authority? The City of Orono interests and involvement stems from the fact it has 33% of Lake Minnetonka as area and 40% of the total shoreline within it's boundaries. Additionally it has 6 commercial marinas, one of the most actively used public accesses together with having both Big Island and Deering Island, which present unique service problems within its jurisdiction. Because of this it has been a leader in efforts to regulate land use of the abutting shoreline together with it's upland areas in order to preserve and protect the water quality of Lake Minnetonka. This leadership is coupled with a strong commitment to preserve and protect the public safety both on and near the lake. Orono has utilizied its statutory authority as have most municipalities to govern land use and public safety as it relates to residential property, commercial marinas, joint docks and other usages on the lake. In conjunction with LMCD, Orono has worked to make the lake a cleaner and safer natural recreational resource for all lake users including Orono residents both on and off the lake; and nonresident users of the lake through marinas, persons fishing from shore; free public access users; and park users, al l of which const hate forms of public access. 2. Define your city's critical interests in managing Lake Minnetonka and related land uses within your jurisdiction. As noted in the prior response the City's critical interests are working to improve the lake's quality together with the safety for all users of the lake. 3. Please identify/describe land use and public service (e.g., road maintenance, law enforcement) issues which are affected by lake access and lake use within your jurisdiction. In addition to land use considerations to protect both the quality and access on the lake, Orono's attendant concerns regard perking; pedestrian and biker safety; trespassing; vandalism; accidents; fires and law enforcement related issues both on the lake and at the shoreline, especial ly on And near access sites (not only in Orono but in Minnetonka Reach and Spring Park, to whom Orono provides police services). Although Orono has a limited ability or capability for on -lake enforcement, Orono is becoming more involved to better coordinate its efforts with other agencies. with its limited on lake capacity it is working to provide service when called on to address the most significant problems. The City is also concerned with maintenance of water quality as it relates to polluting run off and clean up around the late. 4. Please describe how your city is implementing the recommendations contai:-led in the "Report of the Lake Minnetonka Task Force" (June, 1983). The City of Orono is presently reviewing the Task Force recommendations regarding implementation. Since Orono possess one of the major access sites, the principal issue at this point is consideration of the securing of parking as it exists near the public access sites for off lake residents including a large number of potential users from Orono. (Enclosure A summaries progress to date.) S. Identify any barriers you city has encountered in attempting to implement the recommendations in the "Report of the Lake Minnetonka 'Task Force." The primary issues are Counci l's ov .) all ubl is safety concerns on both the land and the lake. There hae '-�en significant neighborhood concern regarding commitment of the parking spots because of th attendant problems with off -site parking related to the access including trespassing and vandalism. As a part of t:is concern is the extent to which an increased utilization cf the lake may escalate ex; sting problems. 6. Please suggest proposals fc: public participation procedures as well as intergovernmental planning and negotiations procedures to resolve lake r.anagement issues. It is hoped the Task Force in the development of the preliminary recommendations would work closely with LMCD on the water surface issues and the individual communities on the land use issues. Is is suggested the departure point for attendant land use could well be the marina licensing and zoning for the various communities around the lake. (Please refer to enclosure B for a topical outline of land use issues.) 7. Please comment and submit any suggestions on the remaining steps of the Council's review pro,:edure. It is proposed that as the ddhoc, report is developed that LMCD and the cities individual iy be al lowed to respond to a draft report in a meeting in the Lake Minnetonka area. CITY OF ORONO SUMMARY OF PROGRESS 1985 LAKE MINNETONKA TASK FORCE RECOMMENDATIONS Enclosure A 1. North Arm/Hendr:--kson - As a County operated facility, the City's primary issue relates to securing of offsite parking on adjacent City and County roads, over which the County has final word. 2. This would be addressed at the point long term commitments are not realized. 3. Noerenberg Bridge - As a County owned bridge and Suburban Park Reserve awned facility this is more properly addressed by those bodies. 4. Molly's Corner - No formal action taken. S. Fishing craft./Small recreation boat - No action taken. 6. Big Island Veteran's Camp/Deering Island - The City's Comprehensive Management Plan indicates this should be dedicated as park space. The City of Orono has been active in closing the operation of the Veteran's Camp because of the existance of hazardous buildings .among other public safety, health and welfare concerns. The City does support acquistion of the property for park purposes. Addi`.ionally Orono has indicated to the -)resent owner of Deering Island it's goal that Deering ?stand should also be a Bark. 7. County 15 - Orono has been a leader in preservation of County 15 as a senic route and Hennepin County has received appropriate state variances to resurface the road as a two lane route. No further action has presently been taken. 8. Trail - No formal action taken. 9. Consideration of conversion of commercial marinas to r.ublir, access - No existing) marinas have request a change in use. lid. improved fishing access - No formal action. 1 5, G SUtINARY OF THE LAKE: MINNETONKA TASK FORCE' S RECOMMENDATIONS FOR PUBLIC ACCESS Community: ORONO Addrebs: P.O. Box 66 Crystal Bay. MN 55323 Contact Person: Mark Bernhardson. City Administrator Phone. (612) 473-7357 Zones: 1, 2, 3 Zones* Task Force Rtcommendationg 1 Recommendation: North Arm/Hendrickson Access - Add make - dock; add iiigns shoving the location of off -site par ; and provide toilets, trash containers. public phones, and adequate landscaping. In addition, any or all of the following methods should be employed to roach the Task Force goal of 700 total car -trailer public parking spaces for the lake: Increase on -site parking by land acquisition where land availability and funding permits; increase reliable parking by acquisition of or through written parking agreements for off-street parking lots in the vicinity; incresse long-term reliable on -street parking in the vicinity through written parking Agreements. 1. 2 Recommendation: If Ion -term written parkiU agreements for existing sites within tbtse tones cannot be secure- -. then additional access for small boats with associated parking should be considered to meet reliable parking goals for the :ones. 1 Recoimendation--Share Facilities: Noerenber Bridge - Improve landscaping. Benc es. tray conte ners, —and toilets should be provided. 2 Recommendation --Shore Facilities: Molly's Corner./Broom - Secure .Eaarkinit u own s Bay. Benches, trash containers, and toile Mprovided. 3 Recommendation: Additional f -1shing craft and r^a)1 r access should hd rni,o 1. 3 Recommendation: Ac utsition of Deering Island nd ths RID lAldind Veteran fora •t • oul o fain full and c ear title to the Camp and t eNCPRD should develop and manage the site in conjunction with the Arthur Allen Wildlife Sanctuary an a regional park. *To address the distribution of accesses for fishing craft and mall recrea- tion boats. the Task Force arrived at a system where' Y the lake was divided Into five major toneR. Sec attached map. 1.2,3 Recowm►endation: When County ad etween Wayzata and Navarre needs improvement, it should be esigned and managed as a tvo-lane scenic parkway Rre-arvin- -Lh&.AU&LWc&l vistas of this mini e a ee ore roadway. Improvements should provide, where environmentally possible, bike and hiking trails and scenic parking areas. County and State standards should be mck Pied to allow the roadway to be classified as a scenic parkway. `1,2,3 Recommendation: if your community has a trail plan, the task force recosimen s twat the plan be implemented to immp"r';e"ilnfft access. 11 3 Racaweadation: Iuplsaentiai agencies and Orono should cooperate In VoaitoriOs say future land use changes at a in c rcial accAM"Ii'Eii and should consider pub i�ccess use prior to any Doo—access use. 13, 1,2,3 Recowendation: When managing access site* gad wben consideri.A new Mehore development, particular attention should be given to the goal of isrproving_acceas far fiebi.ns craft and wall recreation boats. oSSIDLE; LAND USE ISSUES FOR ACCESS BASED IN PART ON MARINA Enclosure B Parking - (Function of expected demar.i - o ver f low availability on roads only for few titres per year. Relation to ramp slots.) - Yard area/Setbacks Landscaping - Drainage and Hardcover - (runoff/pollution) Security fencing/screening Required facilities - Sanitary - Road access - Lighting - Cleanliness/Maintenance Tree removal 'amps - Slots - Boa*. rsizefdi:dit - A o r power - width/Depth Comp Vition - Setha. Ks Dock. - Lens th - Widtr: - Construction - Setbacks Operational Availability - Hours - Dates Usages Compatiability with adjacent development L N . r, OG To: Mayor But 1. Mark E. Be:. :ardson, City Administrator Orono Council Members From: Jeanne A. Mahusth, Zoning Administrator '-)ate: November 20, 1985 Subject: Public Comments - Appearance by John Ericson Resolution 1719 reviews for you Mr. Ericson's previous app1.tion with the City. He filed an appeals application to appf taff's interpretation of the subdivision regulations with lots that were legally combined for tax purposes and the applicable standards for such divisions. Council has affirmed staff's interpretation of the subdivision regul&ti.ons that if a formal subdivision application was filed, the current standards c.f the LR-lC zoning district must. be upheld. Council cautioned Ericson that a subdivision application requiring multiple variances to the code would stand little chance of spproval because of the precedent factor in review of similar applications. Mr. Ericson has never fil �d a formal su' ivi.sion application with the City, only an appeals applicati. i� seeking an ;nte -- pret at i, on of the code. 1 V % 13 . Cam/ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1 719 A RESOLUTION DENYING AN APPEALS APPLICATION THAT WOULD EXEr.FT THE DIVISION OF LEGALLY COMBINED LOTS FROM THE SUBDIVISION REGULATIONS OF THE CITY OF ORONO WHEREAS, per Section 1!►. U6 Subdivision 2 John Er i cson (horcaftor "applicant") filed ,an appeals application with the City thzit sought to clrrify the application of the subdivision regulc,tions of the laity in the division of applicant's legally combined lots described as Lot 7 , Lot 4 and the south 5 feat of Lit ' Stizdywood according to the recorded plat thereof. Hennepin County, Minnesota (here-ctf ter "the property" ) ; and WHEREAS, the applicant was aware of the Oxon; Ci ' v COUriciI's (hereiiftor- "City)) year lone; study arid final reso.�►tici, of the matter of regUC-Sts to sell or separate contigc►ous sewered •:ubsta.ndard lots held in co,T,lrion ownership, that resolution would afford lets under- caITImon ownership the same re• .,o procedure provided t!_;r f.L-b_-tandryrd lots Held in single sepz�rate ownership; tip. n d WHEREAS, the applicant was advised that Section 66 Serbe]ivi� ion, Classification, Item 2 would require the 411�^q of a formal subdivision application if legally combined lots ace to be divided and that the. pronosed application 1 _►ld also invol,,e mrilt.Lple variance applications; a:id WHEREAS, the, appIicat,t filed +n ,ppeaIs appIicc{tion sec•I.irig cfirLCt.Ion from thr City in order to determine if the reyi e•w procedure c►nd per+ormance standards established for !ZubS�tandzyrd lots owned in common would now appl;: to the d.vision of 1 of t:. legally combined for ta;: purposes; and WHEREAS, the City Council has considered the appl ic.•-Int's 4kppc• iI9L c.Appl ication, the recommendat.on of the Planninq Commission, the written comments of the Applicant's wtturiPL?y, the: oral comments of both the .,pplicant and �lpplic&nt•s attorney. V..xgE• 1 0f City of ORONO "Y RESOLUTION OF THE CITY COUNCIL NO. - 1719 NOW, THEREFORE HE IT RESOLVED that the City Council of the City of Orono hereby denies the appeals application of John Ericson that sought to exempt the division of applicant's legally combined lots from the customary performance standards set forth in the -,4-lbdivision requlzitions and --oninq code of the City based on one or snore of the following findingss FINDINGS 1. The applicant has asked the City to consider waiving the application of the performance standards of the subdivision regulations in the creation of a new building site by approving the following variances: the LR-1C, Laleshore Residential District requires the following standards: Area = 21,781d s.f. Width a 1 (PO ' a) Lot + part of Lot 2 Area Existing = 19,"50r_r c-.f. Variance = , Sir s. f . or 10 Width Existir Variance - ? b ) Lot 4 Area Existing = Ib,►'.iris s.f. Variance = 5,5b(i s. f . or 26% Width E::istinq = 65' Variance 5' or 155% c> Side sE:thacl ,ariancc required for residenre on Lot 4: Requircd Existing Variaricr• - 7' ur 7i►G Page -, of 5 ' k City of ORONO RESOLUTION OF THE CITY COUNCIL NO. -1 T'ie Lit ; of Orono ham ; never z,pproved lot st::n and vr,ri anccs with SUbdi vi si ons that create new building sites. The condltlonE: i.rp01-1 which the request for- a variance to the normal procedural review �:re based are not unique to the property and appear- to apply generally to other property in the. area in con-Liderat.iori of the fc,ilowing facts: a) between the Hendrickson Eir i dge and Cof f eF E+r ;ge within the L.R-1C :oning district the following facts ,F,r e noted: 1. there are 31 lakeshore residences fronting on CryrAal Hay, Z. lb of '1 have been lc.•g�k11y combined, 3. the= average lot size of these 16 lots is .54 acres., 4. none• of these 1 b 1 Gt s if divided woU l d meet the zoning sti.•nd.+rds of the district, ;;. 17, of the 1 are h�:r' wide or less, 6. none of the 31 co%A d be split and still met -it Me mitilim ri 14:00 lot width standard for each lut, b ) A prel i at: nary rev. caw of the: ownershi p patter ns of the Lk--1C district (not including the Navarre area) Shows 16". or 4" propL}rt.ies offer the potential of divisions if city approvers similor re•gLW%ts. 4. An unusual h- 4rdship does noL v; ist on the property bec;.(LktJe of the f of 1 c;w1 nq findings: a) The comb:.ried property has been used as one single residential unit based on the location of the garage, access drive and sewer line for over air years. F'isgcr T rif City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1719 b) The applicant and previous owners have receivc-d tax benefits from the legal combination of Lots =:, 4 and `; feet of Lot ''=. c) Lot '--I is ta:;ed on an incremental basis, not as a build&(ble lot. `;. It is the opinion of the City that the strict enforcement of the performance standards of the subdivision regulations, of the City will preserve well -sounded environmental standards in future development of 1akeshore property within the City. 6. Variances to the minimum requirements for a lot as set forth in the zoning chapter of the Municipal Code would be in complete conflict with the intent of the Comprehensive Flan, the intent of the LR-1C zoning district and the intent of the subdivision regulations of the Ci:.. 7. To approve lot area and lot width variances noncurrent with subdivision applications would establish a negative precedent in similar reviews. e. Minnesota Courts find the application of the law as relevant in decision making as the intent of the written law. If the City was to grant variances in this cane, the City would be bound to apply the same standards to other applicants or be accussed in a Court of acting arbitrary and capricious or denying an individual of equal protection under- the law. 9. In review of the factual findings noted in item 3, the applicant may best serve his purpose by asking the City to amend its official map rather than e:.pect the City to place itself in the politic of having to approve 43 similar variance applications. F'C.ge 4 o+ City of ORONO RESOLUTION OF THE CITY COUNCIL 10. The applicant has 'co any of the above special treatment of required lot standard construct a residence applicant's claim tha will result in absurd for the development of Orono are not based on founded environments repeated throughtout NO. 1 719 not introduced any evidence contrary findings. The applicant asks for his lakeshore property questioning s that prohibit applicants desire t , on a portion of hi- property. The t strict interpretation of the code results are unfounded. The standards lakeshore property within the City of absurd aesthetic whims but on well 1 principles and factual findings the Municipal Code and the City's Community Management Plan. 11. Denial of this appeals application, and therefore the inevitable denial of both subdivision and variance applications, does not constitute a taking of property or loss of substantial value because the property has always been one residential building_ site, all of which has served as required area, yard and open space for the residence which con-cinues to occupy said property. The applicant purchased the property in 1961 from his father who owned the land and house in its present state since 1947, the applicant has enjoyed its benefits as a fully conforming residential. lot within the LR-IC zoning district for 23 years, and could continue to enjoy the same benefit and value without the proposed subdivision of the property. Adopted by the City Council. on this 14th day of Jat,uary, 1985. ATTYS :' : I ,tZ9roth Na' n City ('lerk Mary y y y C. ler, Mayor � j Page 5 of 5 A I FOR JUI::. ERICEO': n UiXL1 OF: Lot 3, Lot 4, or..] the South 5.00 feet of Lot 2, SIUM WOt)D, according to the recorded plat thc,rCc.:, Iic:i::(,!)in Court} , Ciinriesota. I - 1 ` 2 1/d.. 1�', Story Stc,ne Dwelling 4 �C 1>..''! 0SLD - `C bout Muse \ `.'�� � ..�ss• ems- _ 1( I N mai ti,s twvty, plisn, &;e:!,tcwoor, or report A2 Nr,.PL-'td c n. d,,k :.' svr. crvl,- cn and mat 1 ..r. a duly A¢�1sic�uC f�e4cvsr9wa��rr,+►-,�- 1 MINUTES OF THE REGULAR ORONO COUNCII. MEL•'TING HELD OCTOBER 28, 1985. PAGE 4 #959 JOHNSON continued Councilmember Adams stated the r*sdlution should contain a provision that restricts any rental or commercial use of the pole barn. It was moved by Councilmember Adams, seconded by Councilmember iiammerel, to adopt Resolution #1876 approving the variance subject to amending Condition #2 to read "This building may neveL be used as a second dwelling unit; nor space rented or used for any commercial r e". Motion, Ayes 4, Nays 0. #971 MARK S. WASSRR14AN 145 LINDEN LANE VARIANCE RESOLUTION #1877 7 SHAVER/TEAR69 1 MEST FERdDALE VARIANCE RESOLUTION 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 he lot line. Mayor Butler noted that applicant wishes to regrade an area around the garage to direct the drainage away frog the garage. It was moved by Mayor Butler, seconded by Councilmember Frahm, to adopt Resolution #1877 approving the variance. ion, Ayes 4, Nays 0. It was moved by Councilmember Frahm, seconded by Mayor Butler, to table this matter until the November 25, 1985 Council c„eeting per applicants' request. Motion, Ayes 4, Nays 0. #974 BRIC J. C;HRISTENSENN 900 NORTH SHORE DRIVE NEST PRELIMINARY SUBDIVISION Eric 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 st.qted 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 Mayor Butler, to approve the preliminary subdivision. Motion, Ayes 4, Nays 0. kity of ORONO Rr TION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 5 PILE #972 WHEREAS, Jim Shaver (hereinafter "the applicant") has an interest: in the property located at 1080 Ferndale Road West within the City of Orono (hereinafter "City") and legally described as follows: Tilat part of Lot 6, North Shorn Ccttav^ Acres; Lake M-nnetonka, lying Northwesterly of the following of -scribed line: Commencing at the most Easterly corner of said Lot 6; thence Northwesterly along the Northeasterly line of said Lot 6 a distance of 40 feet to the point of beginning of line to be described; thence South- westerly parallel with the Southeasterly line of said Lot 6 to the Southwesterly lir- of said Lot 6 and said line there terminating, and that part of Lot 9, North Shore Cottage Acres, Lake Minnetonka, o`scribed as follows: Commencing at. the North- west corner of said Lot 9; thence South along Westerly line 25 feet; thence at an angle Southeasterly parallel with North- easterly line 25 feet; thence at right angles Northeasterly parallel with Westerly line 25 feet to Northeasterly line also being the County Road; thence Northwesterly to point of beginning, (hereinafter "the property"); and WHEREAS, the applicant has zpplied to the City for a variance to allow construction of an accEssory structure (dock) on a property that is unable to sustain a principal structure; and WHEREAS, per Section 10.03, SuL�division 5 the City must approve a conditional use permit in conjunction with the granting of such a variance as the proposed accessory structure and use of the property must be formally recc sized as a legal non -conforming use. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, M.innesr' a : FINDINGS 1. This application was reviewed as Zoning File #972. 2. The property is located in the L,R-lA Single Family Lakeshore Residential Zoning District. 3. Or, October 21, 1985 the Orono Planning Commission reviewed the application as proposed and recommended approval based on the following findings: Page 1 �f 5 City of 0" ,ONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. ORONO A) The total property consists of a buildable lot and a 25'x2.5' lot separated from the building lot by a public road. B) The property has been recognized as one unit on the Certificate of Title for several years. C) The homestead or buildable portion of the property is located 66 feet from the smaller tract that is riparian to Lake Minnetonka. .J) The two parcels cannot be combined because they are separated by public road. E) The riparian tract is located within ; :-tected lagoon area. F) The tract is 25 feat in width; a dock can be built per ,.tandards of the Lake Minnetonka Conservation District dithout the need for variances. C) T'­ riparian tract was created in 1945 prior to adoption tonal subdivision regulations and is substandard per -it zoning standard .. :t vious owner and current owner were never advised of ' h -1 to apply for .t variance to construct a dock only house must he I,ui 1 t on Lot 6. The Orono staff had alw,-.;.y adv1scud the property was riparian to Lake Minnetonka. I) Th riparian tract and portions of the adjacent public road 1 ht-of-way are now submerged by IA ke Minnetonka. %T) The City Att.crney has submitt i a written opinion dated September 6, 1985 that confi .,s the property owner "possesses the necessary right t.o construct a dock" and that the pr.nrerty owner may use portions of the dedicated public right-c r-wa• not. used by the City if this use does not conflict wi the public's use of the roadway or create hazards in t tle puiflic use of they road riqht-of-way. K) The use of an independent tract for solely riparian purposes by a neighboring property divided or separated by public or privates easements of public nigh. -of -way is consistent with current patterns or use of the iakeshore within the City. Page 2 of City of ORONO RESOLUTION OF THE Ci fY COUNCIL NO. 4. The City Counci has considered this application including the findinus and recommendations of the Planning ^ommis=lion, reports by staff rind comments of the applicant and 3pplir!ant's attorney and the effect of the proposed use on the health, safety and welfare of the community. 5. The City Council finds that granting a Conditional Use Permit and Variance to allow the use of the property as a riparian lot with an accessory dock not to be detrimental to the health, safety or general welfare of the public, would riot adversely affect light air nor pose a fire hazard or other danger to neigh- boring properties, nor will it depreciate surrounding properly values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoi.in.7 Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of t.;e above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 5 and a variance per Municipal Zoning Code Section 10.23, 17;,bdivision (A) to permit construction of an accessory dock on a substandard lot that cannot sustain a principa structure thereby establishing a legal. non -conforming use of t' property, subject to the following conditions: 1. Execution of a special lot combination agreement- recognizing the use relationship with homestead lot and riparian lot. 2. Dock to be constructed pir Lake Minnetonka Conservation District. requlac.t -)ns for c,xistinq lot (prior to 1970).with less than 40 : i neal feet of lakeshore and srecial conditions set. forth by the City in the use of the public riaht-of-way. 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatic:aliy termi►iate any authority granted herein, and shall he punishable as a misdemc!anor. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recordinca of this resolution in the chain of title of the property. Page 3 of 5 C it.'y of ORC' -- Yt-) P; :'JLJTION OF THE CITY COUNCIL. NO. Adopted by the Orono Cit.: �:uuncil o.. this 28th day of October, 1985. ATTEST: rot y M. Hirt.,' Clerk .,ery C. at er, Mayor 1 groper y er 14� , �/j�W-n4:�l f G�r _ ,-'( +a , W City of ORONO RESOLUTION OF THE CI i Y COUWAL NO. STATE OF' MINNESOTA ) es. COUNTY OF HENNEPIN ) 7 On 1-his day of A 1985 _ before me a Notar ► Public . w th' - and for said county, personally appeared %%%"c ' ` . ' �' � ji `�' Y' known to me to be the persons) described in and who executes' the fors instrument, and acknowledged that he (they) executed the as his (+`-eir) free ac . ;gin,. deed. NOTARY PUBLIC •^^N� �www�nnn r MME C LAT71N NOTARY PUPIIC MINNESOTA 3 HENNEPIN COUNTY MY STATE OF MINNESOTA ) )5: COUNTY OF HENNEPIN ) rn this c: of _ ___ , 1965, Lefore me .� Notary Public within ar, 1 for said County, personally appeared known to me to be the pe.son(s) dE._. 'bed in and who executed the foregoinginstrument, and acknow' yes. that he (they) executed the sane as his ;their) fr- -t and deed. NOTARI PUBLIC~—� mY l'OMMISSION MX InE Vage 5 of 5 . To: Orono Council Members=� From: Michael P. Caffron, Assistant Zoning Administrator Date: November 20, 1985 jects 0974 E. c Christensen, 900-950 North Shore Drive West - Final Subdivision Approval - Resolution List of Exhibits Exhibit A - Minutes of 10/28/85 Exhibit B - Hennepin County Department of Transportation Letter of 11/5/85 Exhibit C - Resolution The ap, icant has submitted all items required for final approval of. Lhe 2-10 plat of Englund Second Addition, including: 1. Record plat drawings and mylars. 2. Title opinion. 3. Paid leg.il and park fees required. 4. t:pnnepin Coun`-1 confirmation of separate accesses ap- proved due to topographical site limitations. Staff recommends approval of the plat of Englund Second Addition per the attached resolution. MINUTES OF THE RRGULAR ORONO COUNCIL MEETING HELD OCTOBER 20, 1985. PAGE 4 #959 JOHNSON ntinued Council-wember Adams stated the resolution •-,hould contain a provision that restricts any rental or commercial use of the pole barn. It was moved by Councilmember Adams, seconded by Councilmember fiammerel,toadopt Resolution #1876 approving the variance s,:bject to amending Condition #2 to read "This building may never be used as a second dwelling unit; nor space rented or used for r commercial use". Motion, Ayes 4, Nays 0. #971 MARK S. WASSERMAN 105 LINDEN LANE VARIANCE RESOLUTION #1870 Mark Wasserman was not present for this matter. #972 SHAVF..R/TR"SE 1080 WEST FERNDALE VARIANCE RESOLUTION City Administrator explained applicant's request to replace foundation under exiuting -ion-conforming garage which regt• i res ' " ' variance from the road and 4 . 4' variance from the i- :•S noted that applicant wishes to regrade an area garage to direct the drainage away from the It was moved by Mayor Butler, s,..cor,ded by Councilmember Frahm, to adopt Resolution #1.877 approving the variance. Motion, Ayes 4, Nays 0. it was moved by Councilmember Frahm, seconded by Mayor Butler, to tai)le this matter until the November 25, 1985 Council meeting per applicants' request. Motion, Ayes 4, Nays 0. VWORTH ERIC J. CARI"TENSEN SHORE D, WEST PRELIMINARY SUBDI' ,)N Eric J. Christensen was present for this matter. Councilmember AcI'ams stated he felt there should be only one access to theGe two lots rather than two. City Administrator Bernhardson stated that they would promote only one access with the county. Council regt: steel that the access; question be solved with the county bef<•re th(�, final subdivision comes before the Council. It. was moved ny Councilmember Frahm, seconded by Mayor Butler, to approve the preliminary subdivision. Motion, Ayes 4, NAys 0. DEPARTMENT OF TRANSPORTATION 320 Washington Av. South NE.NNEPIN Hopkins, Minnesota 55343 H Ll 935-3381 TTY 935-6433 November 5, 1985 Mike Gaffron City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Re: Englund Sub -division access to CSAH 19 M ire: As we discussed, Hennepin County will permit separate entrances to the abovq sites due to on -site topographical limitations and because they will b? well separated. It the lots were smaller and/ot had no on -site problems, we would require a shared entrance and we appreciate the City's concert and watchfulness However, in this instance two well -spaced entrances constructed under permit, seems reasonable and not a violation of County policy. 'Thanks for your inquiry and if there are further questions, please call. Yours truly, David K. Zetterstrom entrance Permit Coordinator OKZi sjb cc: Wayne A. Matsumoto Les Weigelt HENNEPIN COUNTY on gquai oppo _.'^ er plover Cite of ORONO RESOLUTION OF THE CITY COUNCIL NO. A F SOLUTION APP"OVING THE PLAT OF ENGLUND SECONn ADDITION FILE NO. 974 WHEREAS, the City of Orono is a municipal corporation o-- sized I and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted sub- division regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a I subdivision plat by Eric J. Chrstensen, the subdivider; and WHEREAS, the subdivision has been found to meet all standards of the RR-lB zoning district finding that each lot is of a size and configura- tion that wil i allow its use as a single family residence to be fully developed without the reed of any variances; and WHEREAS, the subdivider has completed ail requirements of the I platting regulations of the City, including: 1. Dedication of the required Drainage and Utility Easements on the I plat. 2. Payment to the City of a Park Dedication Fee in the amount of I $150.00.. 3. Payment to the City for the legal review and filing of the plat I easements and covenants in the amount of $75.00. NOW, THEREFORE, BE IT t<ESOI,VED that the City Council of the City of Orono hereby approves the plat of Englund Second Addition, Hennepin County, Minnesota; subject to the following condition: The: aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's Office on or before May 25, 1986 together with a certified original copy rf this Resolution. The approval granted ny this Resolution shall expire if the plat has r,:�t been filed by the date specified above. Ir that event, it will be necessary to file a new <-pplir.ation with the City of Orono for subdivision review. Dated this 25th day of November, 1985. ATTEST: Dorothy-N. Ha11in,+City Clerk Mary C.YButler, Mayer INU ADDITION 0 V /d To: Mayor Butler Mark E. Bernhardson, City Administrator Orono Council Members i - .) V From: Jeanne A. Mabusth, Zoninq Administrator I k010 Date: November 21, 1985 Subject: a) #980 Richard Keavery, 3423 Shoreline Drive b) #982 John Lambin, 3405 Shoreline Drive Staff met with both applicants and County 11r.3hway Department representative on November. 21, 1985 to resolve and discuss the following issues: 1. request for additional right-of-way 2. parking needs on Keaveny site 3. traffic flow on restaurant lot 4. Keaveny leasing structure to Lambin and not proceeding with subdivision_ Keavery will not make any definite decision concerning the right-of-way until. he reviews the City Attorney's opinion with his attorney on the issue of leasing the subject structure. City staf f wi 11 see that he is in receipt of that okjnior. on Monday of next week. Kathleen Blatz, City Attorney, will present her opinion on the leasing issue at I;,, mec. ing on November 25th. Lambin cannot agree to the request to change traffic flow because of the loss of 4 parking st -i1 l s. Davf. Zetterstrohm, of the County, will not approve an uncontrolled :,ccess on Shoreline Drive because of the 15,000 cars that travel the County Road i- relatior to Kelly Avenue with at most a 500 r,-ir use level. He also advised that the intersection at Kell} wi..l be widened to allow a weaving lane for those wishing to travel east on Shoreline. Staff a!so reviewed the possii.)i lity of controlled accesses to the Keaveny and Overson sites which would allow diagonal parking on both sides of lot but Keaveny was not certain if Overson would agree. Staff plans to meet with Keaveny and Cook out on the site to dete�mi.ne total parking capacity of Keaveny property. Staff has not ring f ina 1 to bring back to Council for action at your November 25th meet.inq and request that you table action on both applications, #980 & #982, until right-of-way, traffic flow and parking issues are resolved and staff is able to present a comprehensive recommendation. TO: Mayor and City Council FROM: Mark Bernhardson, City Admi.istrato `;JJ DATE: Hovember 21, 1985 3UBJE"T: Application #986/George Rovegno I_N"TRODUCTION - As you will recall George Rovegno constructed a 5 foot fence in its present location during one of the first weekends in May of 1985. He maintains today that it is an appropriate and legal structure under our code. After a review of our ordinances and our practice we presented a memo to Council in June regarding interpretation and intent and the direction at that time was that ,.ip to a 3 1/2 foot, fence woul i oe al lowed in the 0-'15 without a variance. Subsequent to that the propperty owner felt he still wanted to have a five foot fence on the property and we indicated to him that in order to do that a variance application would be required. Pe felt that he had oroperly constructed the fence, that he Jid not need to come in or, an application. We indicated to him at trat point that if he did not come in that we would issue a ticket. He finally agreed to submit an application, althc—h the application is not cl(:ar as to whether he wanted to hay- IL treated -!s an appeal or a variance. Staff initially treated it and brouiht it to the Planning Comr,ission as an appeal since he felt h:s fence was legal and it was their considered opinion that. in fact he would need a variance to allow a fence of lip t,) rive feet within the 0- 7 5. The applicant then requested ;hat it be converted to a variance application. Because of the need to republish for variance anti the fact we were riot able to meet appropriate deadlines thi " had to oe delayed from September to the October Planning Commission meeting. The Planning Commission then considered the variance and on a 4 to 1 votc voted to deny it. It was then taken to the Council at its October 28th meeting at which time the Council on a 3 to 1 vote gave conceptual approval to allow a 44 inch fence in its present location, with the first 30 feet from the access be only to a height of 30 inches. At the 4ovember 12t, meeting staff presented to the Council the draft resolution to permit such a fence to exist with a 2 inch variance for height together with a vari,iace to al low accessory structure on a parcel of land that does not support a primary structure. During considLrati-n of this several objections from the neighborhoou w^re raised regarding allowance of this fence and in the abserjoe of Mr. hovegno the Gounc i 1 decided to table the issue until the November 25th meeting. After giving i-aff direction to inform Mr. Rovegno teat he need pay the appropriate after the fact variance fee .or his application, together with inclusion of a hold harmless agreement as a ,ondition for granting the variance, I.3SUE:> Allowance of a 3 112 foot fence - I- ,.ju may recal 1 and iE noted in te _a_ttached memo the Council was requested to give staff direction as to whether it felt it inte .ded to allow a 3 112 foot fence be allowed in the 0-75 foot zone. It was the direct'on o staff at that poin'. that the Council had inten, d to allow such and subsequent to that staff drafted fo. the Planning Commission's consideration at their August meeting language to spi:c1fical ly allow such fences _n the 0-75 together with allowing lock boxes fcr lake shore properties seperated by i horoughfare. Thes,, together with several other amendments were tabled for lack of tir..a at the August Planning Commission meeting. Part of them were considered at the September and October meetings and again tabled at the November meeting because of a lack of time. F r i o r to the June interpretation given by Council staff felt that they had direction regarding the allowance of 3 112 foot high fences within the 0-75 based on the previously considered Holzer application. In response to the City Council's request at their last meeting City Attorney Kathleen Blatz has reviewed our current ordinance and it is her initial opinion, to be followed up by a written opinion Monday night, that as the ordinance's currently exist a 3 112 foot fence is not permitted within the 0- 75. Aj_plica' le Fees - As was noted at the last Council meeting the applicant has paid $25.00 for process when the appropriate few for an after the fact variance is a bouble fee for a total �, $300.00. The reason Mr. Rovegno was allowed to submit ar. application accompanied only by a $25.00 fee was a decision on rr.y part in an effort. tc get Nr. Rovegno to even su')mit his application rather than going through the process of ticket issuance and prosecution. :his was initially allowed as staff' had already done much of the work in preparation rega fling this case and that staff would do little more preparation and presentation of the issue to both Planning Commission and City Council. While realizing that it was both inappropriate in the general case and specifically inappropriate in this occasion to offer a reduced fee in an effort to r-esolve the matter, it is my recommenlation that Mr. Rovegno no - - charged the full $300.00. I do eel that T have made a deal wiL.i ;* that I would recommend Council accept. To be assured however, t will not undertake such action without prior Council approval in the future. HOLD HARMLESS AGREEMENT - At CouncII's request staff has included a condition that a d harmie33 agreement be given by the api: .' ant as a p )rlition to granting the variance. The appl ir,ent ttas ind. ,uteri that he wi i 1 not, enter into such an agreement anri sinze part of the finding in the resolution is the Council does not feel that there is any publi- health. safety or welfare concerns that such a hold harmless agreement is unnecessary on his part. While they, may not acceording to our r-rdinan-Ps and tables be specj.fi- safety and sight distance protlems there may however be other public safety probl=-ms which we as 3tdff nave n( anticipate at this point.. ATTACHED r UMENTS - The fol lowing documents are attached f'..)r 1 your consideration: Applicant's October 28_, 1985, letter - 'This is a etter that was pre^ented to the ^Council by the applicant at their October 28th meeting and he specifically requests that we have that that included in this packet. Additionally he has requested staff insert in the draft resolution that applicants findings c,.' facts. As this has not been done in prior applications the staff has indicated that it will be up to the Council as tau tether su 1 should be inserted since applicant and star' a .e lot in agreement on all findings. C.it.1 Attorie 's 0 inion - It is ant Icipated that the City Attorney will present -) written opinion i-gardlig th. matter on Monday, November 25. 1985. Ame:rded Resolution - Attached please find resolution sanded from last time which does include a hold u ,mIess agreement provision as a precondition to granting the variance. Staff re3uest for interpertation dated June 51 1985 - This is the memo that was presented +to CoonciI rtquesting their interpertation and intent as it elates to fences within the 0-75. RECOMMENDATION - Staff rEcommendation based on the exprc.cation that by now�Lhe ordinance would be amended to al low up to 3 112 feet within the 0-75 and review of the situation was that Mr. Rovegno would be allowed to keep up to a 5 foot fence at a place closer to the iakeshore than presently exists sc that it was always 3 112 feet below the crown of the utting road (with thr first 30 feet from the acc,!ss being at - .) FOR �.. Or, 0, i to 1p if MOW � r i ` • / (. t o � K WrCH S f-WW IN C NOLYXE2 PrLCr&A'ry I 24W IQO COWL 1710A; S l� f I Srals� 1"4�C.� /V ZONING FILE NO.<986 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. :3ox 60i Crystal Bay, MN 55323 473-7357 Date of Notice 11/13/85 ------------------------------------------------------- TO: G,-gorge Rovegno Copies To: 2')10 Shoreline Drive W.iyzata, MN 55391 TYPE OF APPLICATION: XXX Variance D..te of Meeting: 11/12/85 Vote: 4 For Against COUNCIL ACTION - NOTION: To table all action on your land use application until the November 25, 1985 Council meeting. Council would not consider any amendments to the resolution denyin-v your original proposal in your absence. Council has asked tt specific language be added to the resolution holding the City harmless if an accident results because of the design and placement of your fence. Tr. addition, members of the public in attendance wished to speak on the issue of your fence and Council's conceptual approval of a 44 inch .high :Fence at the present locatic,n. ,At that same meet g, Council will adopt a resolution extending the opening clay for the public use of the access from December lst to December 15th. If you are unable to attend the meeting of November 25th, please see that an authorized representative appears in your place. ----------------------------------------------------------- it you desire copies of the official Council min ;'es, they are available from the City Recorder or City Clerk after review and approval by the City Council. CITY of ( )RONTO f'utit �Ifii:a liar 669(.*rystal Bay. Minnesota S`;,32.10Munirip4j! Offi+es On the A'„rth .Shore of Lake Minnetonka November 18, 1985 George Rovegno 2010 Shoreline Drive Wayzata, MIN 55391 Dear George: In my notice of Council Action dated November 13, 1985, I failed to note that Council had also directed that you pay a l l after -the -fact penalty fees die on your application. It is the Count l's position that you bf considered as all other residents seeking after -the -fact review ar.1 as the fee ordinance dir.-�cts. The fee due is as follows: $150.f � variance F-pi 150.., Penalty reo $300.00 -- 25.00 Paid 7/26/85 Receipt No. 17630 $275.00 Balance Please contact either Mark Ncrnhardson or Jeanne Mabusth if you have any questions. .sincerely, )4-0�a Jeanne A. Matt\:sth, Zoning Administrator cc: Mark E. Bernhardson, city Administrator L>fti• LONM - 471.71l7 ! AflMl}OMATI(NV ♦ FtNANU - 471 711A • rusLIC WOUK2 - 47)-?Nt AtWORM MEMORANDUM DATE: October 28, 1985 FROM: George and Susan Rovegno TO: Mayor Butler Orono Council Members RE: Application 986 "interpretation/variance" We submit .'e following findings of fact for inclusion in your action in this matter and ask for their inclusion in the minutes of this meeting. It is not our intent, desire or wish to do any more than to reasonably enjoy the lakeshore portion of our property. We have been prevented from this by the public, the city, and the county, etc. We do not wish to deny any one any access or vista of Lake Minnetonka; we have welcomed our neighbors, as our guests, to enjoy the Lake. However, we do need to reasonably define our property. We ask you, therefore, to consider the following findings of' fact: 1. In May, 1985, Applicant erected a fence 5 foot in height along the County State Aid Highway (CSAH) 15 roadway easement line pursuant to the resolution of Hennepin County District Court Case No. MC 84-4503N. 2. The erection of the fence was a quid pro quo to the resolution of the case pursuant to Minnesota Statutes 160.14 3. Absent the fence, a substantial issue in the resolution would ce obviated and the terms of the resolution would no longer be equitable. 4. On a number of occasions, the portion of the subject property in question, absent the fence has been the site of violations of the City Code, which unreasonably annoy, injure and endanger the safety, health, morals, comfort and repose of the Applicant and the public. Some examples (refer to City Police Records) are: A. Physical assault of the property owner, 6. Verbal assault of the property owners, C Repeated trespass 0. Theft E. Harassment from the CSAH 15 Roadway F. Vandalism G. Litterin,; H. Dumping. City staff concedes these facts and felt it unnecessary to request police records. 5. The City has been unable on a practical basis, absent the existing fence, with limited police resources, to eliminate the above Code violations to the detriment of the Applicant and his property rights. 6. Other factors which while not strictly code violations, have compro- mised reasonable use of the property in question, include: A. Unreasonable noise R. Commercial logging, sanctioned by the City, limited to the ice in front of applicant's property C. Commercial ice fishing access 0. Other use of the winter access, inconsistent with the Orono CMP E. Unreasonable use of the winter access at unreasonable times, with unreasonable noise, and with unreasonable activities (inconsistent with City and LMCD Codes) V. City Police Department "refused" Applicant's request to enforce LMCD Code violations by ice fisherman. 7. Applicant, relying on the statutory process with faith, expectation and reliance on the constitutional process, expended considerable effort and expense to resolve Hennepin County District Court Code No. MC84-4503N to preserve the property rights, inherent in his real property title and in the resolution of said case which rights, including construction of a fence, were upheld. 8. The basic need for a fence is caused by the existence of CSAH 15 and the City's winter lake access. Botts "roads" are "hardcover" within the meaning of the City Code and are not permitted u!-- within the Code. Both exist without benefit of a variance, as pret )Pd in the Code and are, therefore, non -conforming. 9. With or without a fence, Applicant construes both "roads" as public nuisances since: A. Together they maintain and permit a condition► which unreason- ably annoy, injure, and endanger the safety, health, morals, comfort and/or repose of a considerable number of numbers of the public, i.e. the Applicants and winter drivers of either "road", and B. Together they interfere with, obstruct and render dangerous for passage these roads for the public and the Applicants. C. The City Public Works Director sought to "improve" the access in the inter of 1984-85 due to its dangerous nature,absent the fence. 0. The City Zoninq Administrator advised Applicant in the winter of 1984-85 that, absent the fence, this is an inappropriate and dangerous access point and would work with Public Works Director to find alternative lake access. E. There exists on an adjacent property a large:, legal, permitted "circulator" to protect the permanent dock which renders lake access unsafe as illustrated by the number of vehic?es which have "sunk" through the ice in past winters. F. On the occasions of such "sinkings", City police routinely tres- pass on the subject property in order to remove the vehicles in `.he interest of "public safety". 10. The Hennepin County Department of Transportation, the Hennepin► County Attorney's office, the Hennepin County Board and the Hennepin County District Court 311 agreed to the settlement to District Court Case No. MC84-4503N. Based on this, these experts seem to have agreed that a fence located even closer to the CSAH 15 roadway then now exists would be safe and permitted. The County Department of Transportation is well aware of the City Lake Access. 11. The fence is not upon the roadway easement except for about 2-6 inches along 4-8 feet in length. Hennepin County permits this by agreement. Fence placement allowed by Agreement is even closer to the traveled surface than the existing fence. 12. The fence is entirely upon other easements now possessed by Hennepin County with the County's agreement. It is, at the very least, questionable whether the City can regulate structures and uses upon county easements. The county is, of course, responsible for public safety upon their roads and easements. 13. Since the erection of the fence in May, 1985 no instances of City Code violations have been reported on the subject property by the Applicants other than vandalism to the fence itself. 14. City Zoning Administrator, on hearing of the problems associated with subject property and the access in 1984, recommended placement of a fence by Applicant. on the subject property. 15. During a meeting with Applicant earlier this year, City Administrator committed the City to place posts and a guard rail on the City lake access along the Applicants property after hearing of the abuses of the subject property. To date this has not, been accomplished. 16. City staff concurs with Applicant that the abuses of the Applicant's property have been unreasonable and compromise Applicants' reasonable use of the property. 17. Applicant entered into an agreement to resolve Hennepin County Oistrict Court Case No. MC84-4503N in substantial expectation and reliance on City staffs: A. Recommendation to erect a fence, and B. Explantion of the intent, meaning, interpretation, and implica- tions of City Code Section 10.03 15(C) and amendment which was explained to the Applicant prior to the amendment thereto. 18. Applicant has for a number of years been involved in City Government serving as an involved citizen, a planning commissioner and a chairman of the planning commission. Consistently and repeatedly Applicant's findings on Code interpretations have been upheld by both the City Council and in the courts. Applicant has been reappointed a third time as a Planning Commissioner, presumat)ly based on his expertise and efforts. 19. Based upon staff's advice of the intent, meaning, interpretation and iinplications of the changes C-.Noposed and subsequently enacted to Code Section 10.03 15(C), Applicant voted in favor of the changes proposed thereto. Absent the advice of staff Applicant would not have: A. Voted as a Planning Commissioner for the Cade Amendment, d. Entered into agreement with Hennepin County resolving Hennepin County District Court Case No. MC84-4503N, and C. Erected the fence. 20. Construction of fences do not require a building permit in the City of Orono. 21. If applicable, as Applicant maintains staff advised, subject fence meets the intent and language of Code Section 10.03 15(C) since: A. The fence is less than 6 feet in height, and B. The fence is along the street lot line of a lake frontage lot, and C. The lot fronts (as defined in the Code and by the Minnesota Courts) on a major thoroughfare, and o. The total height of the fence does not exceed 6 feet above the height of crown of the road. Thus meeting the performance standards of the section. the application, suggested by staff, i.e. this section applies to non - intersected Lakeshore lots, makes no sense. If the purpose of the sec- tion were to protect "front door" sides of houses on major thoroughfares it would not be limited to lake fii•onting lots. Applicant believes intent of t::ic section was specifically written for inter- sected lots which, absent fence have no lakeshore privacy. 22. Recau-,ti of the need to protect Applicant and his property from unrea u- nable interference with his property rights and to resolve this matter, City Administrator, subject to this application being submitted, pro- mised Applicant to submit, with his and staff's approval and recommen- dation a Code amendment allowing a fence generally as described in this application which after approval thereof would not require the grant of variance,at the August Planning Commission meeting. In addition, City Administrator promised to recommend approval of this "variance/inter- pretation" application. Planning Commission has failed to act on Code Amen dru nt. City Administrator and staff have not made agreed upon recommendation. 23. There exist within the City a considerable number of fences and walls in excess of 42" which exist without benefit of an approved variance. Applicant has submitted photographic evidence of this in earlier testi- mony. Staff is aware or o'hers. City has never taken any action against any other person besides Applicant on this issue. 24. One of such fences exists on the property adjacent to Applicant's. In addition, this fence is on the CSAH 15 platted road and another part is on the Applicant's real property. 25. The other adjacent lakeshore property is a marina. It is required by Code to have an opaque 6 foot fence adjacent t, Applicant's residental property. This property has fences in excess of 42" but less than 6 feet in height. This property is in violation of the Code. One of this property's fences and an LP gas storage tank are on the CSAH 15 platted right-of-way. The tank also does not meet fire code or zoning code set back requirements. If Applicant's fence poses a public safety issue, then the marina structures do as well. Staff has been aware of these facts for a number of years and has failed to act. Therefore, Applicant contends these must not be !,nsafe or violations or the City would have requestet' at least a variance application. 26. City has discussed this matter on numerous occasions at the council meetings without reasonable or proper notice to Applicant in violation of his human, it not, legal rights in this matter. 27. City lost its rights to maintain sign and posts on subject property, which it formerly maintained on the county road, when the county quit claim thereto. City is, therefore, trespassing upon Applicant's premises at this; date. County's signs have a simi'ar status. 28. Cable television wires in violation of ttie easements granted exist on the subject. property. Applicant, through complaint with the police department, asked City to prosecute this trespass. City has failed to act. 29. Failure of 'ity to act on o0 er "fence" ordinance matters such as this, on the CATV trespass, and on repeated violation of City and LMCD Ctde as described herein might violate Applicant's civil rights. 30. City Administrator and Public Works Director placed a "lath Line" approximately parallel to and approximately 1-3 feet toward Lake Minnetonka from existing fence. 31. Said "lath line" describes a line, according to City staff, that a fence along such line would not constitute a "public nuisance" if the easterly 30 feet thereof is 3 feet or less in height. 32. Punning Commission slid not act within the mandate J days in this m `ter. 33. City's contractor on the Crystal Bay Sewer project did from 9-4 to 9-6. 1985 trespass upon subject property with the aid a+id assistance u, the City Public Works Department in order to pump water from or into Lake Minnetonka without benefit of the right of entry. a. A fence in excess of 42" has existed on this site for 20-30 years approximatel*ithe City -planed "lath line". 31i. The variance request is minimal, 18 inches, less than that reiative to the crown of CSAH 15. 36. The variance request would generally conform to the amendment to Code Section 10.220 Al proposed and supported by City staff. 37. There exists on each and every property adjacent to subject property at least one and in some cases many violations of the Code. They exist without benefit of variance and are not entitled to "grandfathering". None of these have bee., aci.ed upon by the City. 38. A fence at the current or proposed location does not does deny any resident of a vista, only , view of Applicants'lakeshore activities, i.e. privacy. For a dis!..nce of + 200 feet the general public is denied a view of Applicant's lakeshore on a lesser basis than the denial of view provided by a house and associated structures on a pro- perty not intersected by any road, let alone a major thoroughfare. 39. The property in q!jestion has demonstrably been shown to be unable, to be put to reasonable use under conditions clearly allowed by current interpretation of official controls. 40. The plight of the Applicant is the result of actions and the lack of action by Hennepin County and the City. The Applicant's plight is due to circumstances unique to the property and not created by the land owner. 41. The variance will not alter the essential character of the locality since: A. It adjoins a commercial property which is non -conforming as to fences. 3. A non -conforming commercial use which was existing prior to Code changes but which is in violation of its conditional use permit. City is aware of violations but they continue. C. It adjoins a residential property in violation of the same Zoning Code Section and others. U. Subject property provides more open space than any other nearby property. E. Uses of adjacent commercial property and the Lake Access have changed and intensified from the time Applicants purchased pro- perty due to actions and inactions by the City. 42. Economic considerations alone do not constitute the undue hardship in this case. No reasonable use of this property exists under the Code without variances as requested in this application. 4.3. The use is clearly consistent with the Zoning Code and is not a use which is not permitted under Chapter 10 of the Code for this property. 44. No additional conditions are required with the granting of this variance since experts at Hennepin County and Hennepin County District Court have found that this use is allowed, reasonable and necessary to preserve a substantial property right. 45. Although the existing fence is clearly entitled to its existence by variance under City Coje and the test of undue hardship as routinely applied by the City, Applicant i.as agreed to relocate subject fence to the City -placed lath line in an effort to cooperate with the City's wishes under benefit of a variance. 46. To force removal of the fence or relocation closer to the Lake than provided by the Court Agreement would constitute an unc^nstitutional taking of Applicant's property s'Ince any portion of subject property between the CSAH 15 and the fence is worthless to the Applicants and serves only to enlarge CSAH 15 clearly benefiting c•;ly the public. AbsP^11 a fence, the public abuse the property, and City has repeatedly failed to protect Applicants. City Administrator concurs that fence provides a "definition of property." 47. In staff's memo to Council, a 12 point recital of findings was noted on the Planning Commission's recommendation of denial of variance. Applicant disputes this portion of staff memo. Motion* was made to recommend denial since variance request "did not meet 'che Code." Poicts 1 to 12 are staff's not Planning Commission's. Applicant formally requested specific findings of fact in Planning Commission's motion and action. They were not part of motion or vote. Some of them are not fact. 48. The "General" Section of Court Settlement agreement requires Hennepin County, not Applicant, to obtain City's approval for new construction. City has allowed County to act. without required approval even after Applicant advised City Zoning and Public Works Administrators. 49. City has approved only 2 traveled lanes and an 8 foot shoulder .vr CSAH 15. CSAH 15 is wider than this on portions of subject property. City staff has been aware of this and has not acted. 50. Fence height is necessary since the height and widtk v, �.�AH 15 gave been consistently and repeatedly increased and enlarged. 'ity has taken no action to stop these ac_:ts. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION DENYING AFTER -THE -FACT VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22,^UBDIVISION 1 AND SECTION 10.03, SUBDIVISION 16 AND GRANTING A CONDITIONAL USE. PERMIT PER SECTION 10.03, SUBDIVISION 5 FILE f986 WHEREAS, George F. kovegno (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: All that part of the Northeast luarter of the Southwest quarter and Government Lot 3, Section 10, Township 117 North, Range 23 west of the Sth Prinicipal Meridian, described as follows: Commiencir+r t the Southwest corner of Lot 6 of Elbridge S. Barnes' Fi. - Subdivisioa in Section 10, Township 117, mange 23; thence Southeasterly along the Southerly line of said Lot 6 a di stance of 295.OG feet to a point, said point being the true point. of beginning of th- property being described; thence deflecting right ^t. 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 paral lei line to the shoreli.e of Lake Minnetonka; thence Northeasterly along said shoreline to its intersection with the Southerly line of aforesaid Lot G; thence Northwesterly along said Southerly line to the true point of beginninq; EXCEPT that pert of the Northeast. quarter of the Sou�hwest quarter and Government Lot 3 of Section 10, Township 117 North, Range 23 West of the `.th Principal Meridian, described as follows: Commencing at a point on the Southerly line of Lot 6 of Elbridge S. Barnes' First Sub- division in Section 10, Township 117, Ranc,p 23, distant 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 S ..therly line 102.31 feet; thence deflecting left 90 degrees a distance of 50 feet.; thence deflecting left 90 degrees a distance of 102.31 feet to sail Southwesterly right-of-way line; thence North'..,-aterly to the point. of heAginninq (hcreinaftet "propezty"); and Facft. I of '7 City «:1,' 0R©NO 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 variance to Municipal 'Zoning Code Section 10.03, Subdivision 16 to per_ nit a fence five feet in height within 30 feet of the intersection of County RoPd 15 (Shoreline Drive) and a pi:blic lake access to Smiths Bay where only a 3 foot high fence is allowed, and a variance to Municipal Zoning Code Section 10.03, Eubdivi.sion 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 arantirg of a variance to Section 1.0.03, Subdi % ision 9 (A) as the proposed accessory structure and use of the property is to be recognized as a legal 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 denies the variance application of George ?. Rovegno as proposed based on one or more of the following findings: FINDINGS 1. This application was reviewed as Zoning File i986. 2. The property is located in the i.R-lA Single Family Lakeshore Residential Zoning District and a portion of the property abut.ts the lakeshore of Lake Minnetonka. 3. Per Section 10.03, Subdivision 6 (B) - 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 beinq less than the minimum acreage required for that zoning district., shall be allowed to be combined with any separated parcel of land across the road for purposes of qualifying under the minimum acreage, open apace, required yard, setback or sanitary or septic syste.a requirements, nor shall building or density credits be credited or transferred between such parcels under any provisions of this Chapter. Page 2 of 7 City of 0110NO RESOLUTION OF THE CITY COUNCIL NO. Eerh separate parcel must individually conform :4_o the provisions of this Chapter in connection with construction of improvements thereon. The property is divic;ed by r 11,�nnepin County road e:iseincr,t. The lakeshore portion of the property cannot satisfy the LR- lA zoning dirtrict standards and could not sustain a principal struc- .re. 4. The five foo,.. high fence has been placed at the inter- section of a public lake accer,s and a County road. The access is used during the winter months from Deceml, r 1st th:rourlh March 1st. 5. The five fc A high fence placer; 20 feet from the center- line of the County road running approximately 200 fee along the edtn of the 40 foot -pad easement creates a .erious sighting problem and endan, rs users cf use the access and the Courity road. 6. Properties like the appiicant's, applicant's -.eighbors or 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 claims he is limited in the use of his residential lakeshore property because of the loca�ion of the public access and the adjacent commercial properties. These uses exist today as they did when the applicant purchased the property. H. 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 the 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 starf has asked the applicant, to consider the use of a cabanna within his dock area but applicant has refused this approach to solvinq p: i --racy needs. pa qf. 3 r', 1 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 10. The City has staked a line parallel to the shoreline out of the required visibility distance from the intersection and asked the applicant to relocate the 200'+/- of fence at t;.e legal 3 1/2 feet height but the applicant declined. 11. The Flar;ning Commission asked the applicant to reduce the length of the �00'+/- fence and to specify the boundaries or limits of the lakeshore area that required privacy screening. The applicant refused to -educe the length of the fence. 12. In an agreement dated December 1P, 1984 between the Hennepin Crjunty Board and the applicant a section entitled General advises thin following: "Any new construction on any of the above easement areas shall conform to any applicable laws, regulations and ordinances including the obligation to submit construction plans to the City of Orono for its approval." The applicant claims that he received confirmation from the 7..onina Administrator that he could legally erect a privacy fence along the County road within the lakeshore portion of his property. It is standard procedure for the Orono staff to sight all privacy fence -iocations placed alonq County roadways even though permits may not be required because of the safety factor. 13. The plight of the applicant is due to circcrostances created by them applicant. 14. To approve variajives for a privacy fence at the present location and at the proposed height would establish a negative precedent in thc> review of similar applications. 15. The Applicant claims the fence provides protection for his lakeshore property from vandalism. The five foot high privacy fence mav, in fact, Nerve 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 COUNCIL NO. 17. The City Council finds that granting a conditional 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 detrfinentai 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 propertiPo, nor will it depreciate surroundinq 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 a►._. Comprehensive Plan of the City. FURTHERMORE, BE IT RESOLVED that the Council hereby denies the inter -the -fact variances sought by applicant and ap- proves a cond:_r.ional use permit per Municipal Zoning Code Section 10.03, Subdivision 5 and a variance per Section 10.03, Sub- division 9 (A) to permit an accessory structure, 2 inches in excess 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 not exceed 2 inches over the code requirement measured from existing grade at the existing fence location. '. Per Section 10.03, Subdivision 16 the structure shall not exceed 3 feet or 36 inches for a distance of 30 feet measured from the intersection of Shoreline Drive and the public access. 3. The applicant must complete the required alteration of the existing privacy fence by November 22, 1985. 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant shall indemnify and hold harm- less the City, the City Council, and the agents and employees of the City from and against all c.laim4, damages, losses or expenses, including attorney fees, which the City, City Council. and agents and employees of the City may suffer or for which it may he held liable, arising out of or re- sulting from the assertion against them of any c.la4ms, debts or obligations in consequence of his performan with the privacy fence 2 inches in excess of the code locat-A at the edge of the 40 foot wide access of County Road 15. Page 5 of 7 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6. The undersigned applicant has read, understoc-d and here- by agrees to the terms of this resolution an' on behalf of himself, his heirs, successors and assigns; he-e., agrees to the recording of th;s resolution in the cha-J, of title of the property. Adopted by the Orono City Council in this 25th day of November, 1985. ATTEST: Dorothy M.�Fiallin, City Cierk Mary C. Butler, Mayor Property Owner-�- i';agr City of ORONO RESOLUTION OF THE CITY COUNCIL NO. SPATE OF MINNESOI'A COUNTY OF HENNEPIN On this _ day of before me a Notary Public within appeared the person(s) described .in an, instrument, and acknowledged tha his (their) fr,e act and deed. STATE OF MIi:NF'.'•()`I'I,. ) COUNTY OF i;CNNEPIN ) il 1985 and for said county, personally known to me to be 9 who executed the foregoing he (they) executed the same as NOTARY PUBLIC ^� MY COMMISSION EXPIRES Or. this _ day of 1985, before me a Notary Public with and for said County, personally appeared known to me to be the person(s) described in and who �execu -ed the foregoing instrument, and acknowledged that he (they) executed the se as hi.> (their) free act. and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 7 of 7 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator DATE: June 5, 1985 SUBJrCT: Height of Pence Within 75 Feet Lakeshore Lot In reviewing rules regarding the height of fences as they relate specifically to the current fence or: the Rovegno property, the Zoning Ordinance indicates the following: SE\CTION 10.22. Regulations for one Family Lakeshore Residential Districts. subdivision 1. Lakeshore Set Back Regulations. The set back from the shoreline for lakeshore lots shall be at least 75 feet and no building, fence or wall over forty-two inches but not in excess of seventy-two inches in height above original tirade may be located closer to the shoreline than the average distance from the shoreline of existing residence buildings on adjacent lots. The Zoning Ordinance can be interpreted z-' .',Pr as: A. Prohibiting everything within 75 feet and nothing higher than 3 1/2 feet betw?en the 75 feet and the average setback or, B. That anything up to 3 1/2 feet is permitted within the 75 feet but that nothing higher than that within 75 feet or the average setback which ever is greater. Based on review of our p-actice we have apparently permitted without variance (we were unable to locate any such variance back. to 1975) fe,ices up to 3 1/2 feet within the 75 feet. Given the question raised as to interpretation regarding the Ordinance coupled with our past practice in relationship to :iis issue, staff is requesting the clarification on that matter. "using the interpretation on past practice would suggest that we permit up to 3 1/2 feet within the 75 feet or average setback. (Additional ly Section 19.03 subdivision 15 regarding nonencroachments has been understoot. to apply although it states it applied to yard requirements which appear to he items separate from setbacks in Orono's code.) It's been indicated that if 3 1/2 feet is the standard within 75 feat, the owner of the property in question will reduce the. :size of his fence to that coupled with taking care of any public, safety problems as it relates to location of that 3 1.12 feet. Should the interpretation be that nothing is permitted within 75 feet then the owner has indicated he will remove the fence however expect the City to either seek variances or have removed any fences that have not been "Grandfathered In". I feel is a reasonable expectation. Should you have any further questions or comments please feel free to contact me. cc: George Rovegno TO Mayor and City Council Y} FROM: Mark Bernhardson, City Administrato �( ►'.►o � DATE: November 21, 1985 SUBJECT: Municipal Sta4.e Aid Road Systeta Designation/Orono INTRODUCTION - As you recall the City of Orono is annually given money, from the distribution of gas tax money, to communities for maintenance and capital improvement of their streets and roads designated to be MSA. Prior to the 1985 legislature the County could only take "needs" on their system for the center 24 feet of roadway and that any portion, beyond that had to come from the City "needs" through which that road passed. The 185 legislature however changed this so the County can take needs on the whole portion of their road. In order for Orono to receive monies in relationship to needs to compensate for the loss of our portion of the County roads the City will ,,ave to designate additional mileage as outlined in Glenn Cook's attached memo. STREET DESIGNA_T_ION - As noted in tho attached map ir, addition to the currently designated roads that are on tae MSA system the following roads are requested to be designated for MSA purposes. Additionally outlined below are their status in relationship to the communities Comprehensive Management Plan. (Enclosed is the graphic: copy of the transportation plan.) STREET 1. Watertown Road 2. Stubbs F Road �3. Orono or,_,.ard Road 4. Fox Street/portions 5. North Brown Rcad 6. North Ferndale Road CMP DESIGNATION Collector Not designated Scenic parkway Scenic parkway Collector Not designated OWe have included Orono Orchard Road even though it exceeds the mileage allowed. By leaving that road on the list. allows us to add mileage to the system a., more roads are constructed. For reference purposes curr.. , streets on the system Old Crystal Bay Road and Willow are on as collector streets and the City portions of Fox are designated scenic parkway. IMPACT ON EXISTING ROADS - By designating these streets on the system does not necessarily require that they be built and upgraded, and if a decision is made to upgrale them portions can be constructed with other• variances at a minimum of 32 feet for 2 way traffic without any ditches and posted no parking. In part th-4 reason of the Wide swath that was taken for Old Crystal Bay and Willow was the fact that they were done as rural sections and this required attendant ditches which entail a significant amount of right - if -way. In addition to designation of needs to generate money for capital and maintenance designation of these roads and the appropriate right-of-way the designation can assist staff to provide Lhe appropriate amount of right-of-way when subdivisions do occur along the.e righ�-of-ways where appropriate right-of-way does not exist. RCOMMENDATIONDATION 1. It is recommended that the plan as proposed be adopted in order that it may be submitted to the State of Minnesota by J&i.uary 1, 1986, in order to qualify for needs for 1986. That Glenn Cook he instructed to develop a capital plan for p'esentation to the Council in the January/February 1986 time frame for even;,ual submission to the State for the 1st of March 1986. PROPOSED MOTION -- Moved by seconded by _ , that the Counci i adopt resolution number which designates appropriate streets within the community as its Municipal State Aid system and that Glenn Cook be directed to prepare the appropriate capital plan needs assessment for submission to the Council and Subsequent submission to the State of Minnesota prior to 1, March 1986. Ayes Nays 1 EDINA t I Mae r PLYMOUTH • S i LAKE � 1 IF' ORONO'S ROAG.W CLASSIFICATIONS _ MAJOR ARTERIAL INTERMEDIATE ARTERIAL �••i MINOR ARTERI% Iloilo$$ COLLECTOR SCEll f. PARK:::.Y 14 cf Orono, Minnesota © MEDINA ' _,'�I/ � �..�.�...�.�.. r.r• .ram ..r.�.. ooW so go IF 1& ,••rr //'/' LPENDENCE NO P_4'4f, i`� ill/IIIIIIIIIIIi11111H1id:IIIII�INI1/ IMP' LAKE fffr@/'l@ffofs@@f@f1-@@sfffl@@N?f(j�•'K�,�P., •C`. .�..r. Pit kg*IETRLRTA C7 t 9 M� VAYZATA Act .. . ff@ff1lLl�fl fftfffff.f@also ••T 4 .4000,411111411,11 -`� City of oron, • � O 2333 7[/. 9...A .Y qA" 36 PI.- 0.2 636-9600 November 22, 1985 Mr. Mark Bernhardson City of Orono Box 66 Crystal Bay, MN 55323 Re: Our File No. 13901 MSA Street Designation Dear Mark, Uno (. R.wlftI'm , PI NuMIr M Rwv Pt Jowph ( 4 ndvtd, P I. RrrdAwd A I' .lwr, PI Re Mr.d t I.— •, P I Jr+.r• ( r7Jlw. P f ri.'• R ( —A. P I Anrh A GurA. n P F I h.rnr. I V". . P I N.. h...l M 1.4/a P i Nulrn i. .Nh..nahl, P1 NN..w I ti.0.01o. P I Ih-old I erwrro.dl. V / if.. A Bowrdon, r 7 MNh A NO.rw, P I Ile A I.Id. P t 4rArl I R.wlew P.f RoAws R Plf-[Aw*. Pf. Ar..d O LorAwe. P f I'hN A A F. a.n I ry V PIS 04 r HrNw W C)hon 'rhe Municipal State Aid (MSA) at eet system should be updated as discussed. The removAl of MSA street designs ion on County State Aid Highways is desir- able as well as de, I.opment of a 5 rear capital improvement program. The State Aid office has changed tl � policy on County State Aid Streets. The change allows counties to collect t eds on the entire roadway rather than just on the center 24 feet as occurred n the past. Therefore, the City can no longer collect needs on county roade. The City presently has 3.89 miles f Cou, Municipal State Aid streets and 2.24 miles of undesignated mileage. rhere _. a total of 6.13 miles to be des- ignated. The streets which are desi,nated must connect to another MSA street, a trunk highway or a County State Ai highway. We would recommend the following roadway segments be considered for placement on the system: Watertown Road - McCulley Rd. to Willow Dr. Stubbs Bay Rom,' - T.H. 12 to Bayside Road Fox Street - C Crystal Bay Road to Willow Dr. Fox Street - Orono Orchard Road to Brown Road) Orono Orchard Road - Fox Street to Co. Rd. 15) Brown Road - T.H. 12 to Co. Rd. 6 *Borth Ferndale - Co. Rd. 6 to Wayzata Line Orono Orchard Road -- Fox St. to Long Lake Line *Joint designation with Plymouth required. Page 1. 2100d 2.75 Miles 1.10 Miles 0.53 Miles 0.86 Miles 0.73 Miles 0.5,4 Miles 1.10 Miles City of Oro— Nov. 22, 1985 Orono, MN Re: File 1 The roadways to be placed on the system should function as a collector or higher classification. We would recommend that a resolution designating the desired streets be passed as soon as possible to develop needs in 1987. If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK b ASSOCIATES, INC. Yours very truly, BUNESTRnO, ROSENE, ANUERLIK b ASSOCIATES, INC. Glenn R. Cook GRC : 1 i cc: Mr. John Gerhardson Page 2. 2100b iT' —rrr� j .d~''��."" , {ram � � ti._ --- ` - -•—� ,...... ``.. s r•3, � _ f Ja s x ORONO MINNESOTA DEPARTMENT OF TRANSPORTATION TECHNWAL FERVICFS NV IS.'CN . —" ..!.,I . 1) S DEPARTMENT OF TRANSPORTATION FLLERAL Hl�HWAY ALbIIN3TRAncN xw 1983 1 EMEND - MUNICIPAL STATE AID STREET SYSTEM LE61 NC. COUNTY I'.T[ Alt Ygwrf. NWN�Ciffl COUNTY [TfTj; f.p [TI[([T _ _ _ fir COUNTt fOfO ' New MSA Street Designation Existing MSA Streets - Designations to be Revotked Lxisting MSA Streets - Designations to Remain tip i Mayor and City Council FROM: Mark Bernhardson, City Administrator UL DATE: November 21, 1985 tt}J� SUBJECT: Police Officer Employment INTRODUCTION - As you will recall the 1986 budget allows for the hiring of three additional officers, one additional for Spring Park, one additional for Long Lake and one addition to the basic budget. In addition as we previously discussed the need for a new officer to replace officer Griffiths, should he not be returning. At present you will recall we have temporarily assigned to is Robert Fischer of the Sheriff's office. Based on information given by our insurnace carrier officer Griffiths will not be carried as an employee of the City of Orono after February 15, 1966. At p*esent he is being carried on a worker's comp account and curr,>ntly does nct draw apart from accrued benefits any salary from the City. iowever, we are paying an appropriate s.3lary tc the County for the employment of officer Fischer. Based _,n our 1986 need we commenced application and screening process the beginning of October and had an initial screening done by Sergeant Che3wick of approximately 40 candidates. This was reduced to approximately 12 for a preliminary screening board composed of 5 individuals affiliated with Orono and the contract communities. From this group six individuals were selected for interview by Chief Kilbo and myself. 5 of the 6 have completed all preliminary testing, however one of the six, who is :1 Orono Police Reservist., is presently in the process of comple,,ng his skills course and has just taken one preliminary test that we require, the results of which wail be received within the week. RECOMMENDATIONS - Based on our employment needs and projections we would recommend the following: 1. That officer Fischer be co-itinuted through the end of December and an overlap per 1,od of up to 2 weeks while we take on officer Griffiths' replacement. 2. That the top 4 candidate- from Chief Kilbo and my interview be directed to take appropriate physiological ana physical exams in order to determine a final order of selection and appointment. j. That the Administrator be granted authority to hire Brian Clark, currently a part time officer and reservist with the Scott County Sheriff's office, together with being a Scott County dispatcher. no earlier than December 15th, provided tie appropriately passes the physiological and physical tests. 4. That staff bring its recommendations for S new tires to the Council meeting on December 9th for authority to hire the new individuals within the first 2 weeks of January. Should you have further questions or comments, please feel free to contact me. PROPOSED MOTION - Moved by , seconded by _ , that the Councii direct staff to implement the recommendations as outlined above. Ayes Nays _ cc: Mel Kilbo, chief of Police t" TO: Mayor and City Council FROM: Mark Bernhardson, City Administratorlt'6 ' DATE: November 21, 1985 r' , SUBJECT: Year End Meeting Date Traditionally the City has only held one meeting in December however. because of the change in the insurance markets it presently does not look as if the City will have appropriate data to award quotations for insurance prior to its December 9th meeting. Based on this plus appropriatness of having a meeting to pay year end bills, it is requested that a special meeting be held for no more than half an hour at 5:00 p.m., on Monday, December, 23, 1985. PROPOSED MOTION - Moved by second by _ that the Council have a special meeting to consider year end business at 5:00 p.m., Monday, December 23, 1985, with the appropriate agenda posted in advance of that meeting. Ayes , Nays TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator Pt (LATE: November 22, 1985 SOBJLCT: Liquor Operations Attached please find the results of the operation for the first nine months of 1985. We had intended to have the business strategy plan ready for presentation but in light of the 1985 results to date we are revising estimate:, and plans together with discussing ideas with the Executive Director of the Municipal Liquor Association. We will bring this forward for further discussion at the December 9th Council meeting. PROPOSED MOTION - Motion by _ , Seconded by _, that discussion regarding the operation be tabled until December 9, 1985- Ayes Nays CITY OF ORONO MUNICIPAI, LIQUOR STORE BALANCE SHEET S9VTF24M 301 1985 ASSEll ', (Airrent Assets: Crash and investments Returned checks & credit card charges Accounts receivable Accxued interest receivable Prepaid expenses Inventory for resale Total Current Assets Property and Equipment: Leasehold improvements Dquipment Less accumulated depreciation Net Property end bTd[xnent Total Assets LIABILITIM AND F-UW DQUITY Liabilities: Accrued wages payable Accrued retirement payable Accrued credit card expense Accounts payable Louie to State (Sales Tax) Total Id abilities Fluid Dqui t y : Retained earnings January 1 Net incaoe January 1 to ;rune 30 Transfers to General. Funl Total Hand Dqui. t.y Total Liabilities and nimi Equity $ 2,823 527 486 1,500 2,664 133t609 725 25,763 26,08 (22,506) $ 2,742 542 186 16,571 2,851 129,412 (6,713) $141,609 3,982 $145,591 $ 22,892 122,699 $145,591 SEPrEMBFR 30,198 4 $ 35,247 853 243 1,428 535 106,909 725 25,763 26,488 (20,786) $ 1,233 335 107 5,573 2,603 135,295 5,721 $145,215 5,702 $150,917 s S 9,901 14 11 016 sl`10,91.7 CITY OF ORONO MUNICIPAL LIQUOR STORE BALANCE SHEET ASSETS Current Assets: Cash and investments Rei urned checks & credit card charges Accounts receivable Accrued interest receivable Prepaid experses Inventory fit resale Total Current Assets Property and Equipment: Leasehold improvenents Equipment Less accumulated depreciation Net Property and Equipment Total Assets LIABILITIES AND FUND EQ"1TY Liabilities: Accrued wages payable Accrued retirement payable Accrued credit t.ard expense Accounts payable Due to State (Sales Tax) Total Liabilities Fund Equity: Retained earnings January i Net income January i to June 30 Transfers to General Fund Total Fund Equity Total Liabilities and Fund Equity JUNE 30, 1985 $ 24,793 350 1,100 4,569 108,282 725 25'763 26.488 488 22,078 v 2,815 50 . 121 16,510 1 t622 129,412 (7,492) $139.085 4#410 $143,495 _=-_____ $ 21,575 121s920 $143,495 -=zzSSS= JUNE 3 0, 1984 34,173 831 137 1,204 2,320 _111,743 725 25,763 26,488 348 $ 2,125 482 146 15,352 1,904 135,295 644 $150,408 __6 L140 $156.548 $ 20.609 135,99 $156.548 _==_--== CITY OF O'"ONO MUNICIPAL LIQUOR STORE: BALANCE SHEET ASSETS Current Assets: Cash and investments Returned cheeks & credit card charges Accounts receivable Accrued interest receivable Prepaid expenses Inventory for resale Total Current Assets Property and Equipwn!: Leasehold improvements ice. iipnent Less acr_umulated depreciation Net Property aril Lquipment Total Assets "IABILT""x:S AND FU[) EQUITY Liabilities: Ac crueci wages payable Accrued retirement payable At.rr tx%d --red i t card expense Accounts payable Due to State (Sales Tax) Total [-abilities Furxl 1, Retains-i earnings January 1 Net income January 1 to March 31 Transfers to Gmeneral Fund Total Fund Equity Total Liabilities and Fund Equity MARCH 31, 1985 $ 22,G72 277 450 5,856 97,411 725 25,763 26,4 21,651 $ 1,241 369 79 -7,05.3 2,199 129,412 (8,850) $126,666 4,837 $131,503 $ 10,941 120,562 $1!1,503 s as+m=esa MARCH 31, 1984 $ 33,403 1,005 227 663 2,829 100,088 725 25,663 w 19,920 $ 1,283 378 105 8,674 2 L694 1.35,295 (3,746) $138,215 6,468 $144,663 a_====5= $ 13,134 131,549 $144,083 U==wA=== 1 r Sales and Cost. of Sales: Sales Saves discounts Net sales Cost of sales Gross Profit After Sales 7iscount Operating Expenses: Personal services Supplies Insurances Building rent Other services c charges Depreciation Total Operating Expense Operating Income (Loss) Nonoperating Revenue: Interest on Investments Other Total Nonoperating Revenue ..et income (Less) TYPE OF SALE Liquor - sales - gross profit Wine - sales - gross profit Peer - sales - gross profit M-x ; Misc. - salcs - gross profit Totals - sales gross profit Bales discounts C L . Y t`F JRCAJO MiPlN I C I PAL L F QUOR Sl"RE STATEM"" CIF RR MU? AND BXPENSES Three Months Ended &.ept 30 Nine Monthn Enled Se t 30 985 1984 1985 -- Amount 1 ales Amount t Sales Amount t Sales Amount &ales $133,872 100.00 $116,936 i00.00 $327,237 100.00 S319,644 100.00 - 9104 1�9 96.33 115,394 88..6-�4 , 97.21 .314,879 98. 94 897897. 70.89 25.4i 82,789 70.80 233,41.0 71.33 224 964 70.38 S 34,062 5 32,605 27.88 64,694 25.88 09,415 �3 23,382 17.47 20,207 17.28 64,502 19.71 60,025 18.77 562 .42 147 .1i 1,523 .47 11269 .40 1,302 .97 418 .36 4,229 1.29 2,287 .72 3,750 2.80 3,750 3.21 11,25C 3.44 11,150 3.49 4,451 3.32 3,540 3.03 10,313 3.15 10,704 2.35 _ 427 3 87_ .32 2r).30 430 8 50 _ .37 24.37 1 282 9 39 . 45 �1 22.91 66 728 40 2�3 _' 188 l i� ^ , 4 05 -� 51 ) U. 57f; 3, 197 --: oz 400 .30 964 .82 1,500 .46 2,491 .78 191 .14 8 01 191 .06 43 STi- -�!1 52 S 779 ........ .44 .581 .....,.. 5, .7 ..._.... 4.S4• .....6. (6,713) ......... (7.05)1 .x._.... S 5,721 ........ 2.741 ....... GROSS PROFIT ON SALES GROSS PROFIT ON SALES A B A B A B A it 35.27% _ 34.85% 34.554A - 34.71% 34.92 29.82% 32.73 27.431 33.24 27.58 32.16 27.44% 25.15 22.1E 25.91 23.59 3w.40 35.19 26.81 35.32 30.96 34.26 27.97 35.11 35.89 39.74 36.36 38.81 30.37 24.63 37.86 27.81 32.32 25.49 37.34 3.69 3.25 3.i8 2.69 4.31 34.10 2.60 23.35 3.42 31.38 2.53 :$.93 100.001 100.00% 100.00% 100.00% 100.001 29.11 100.00% 29.20 lon.00t 28.67 100.00% 29.62 3.67 1.32 1.49 25.44% ....a. 27.88% ...... �2-.-�7�9 2S.Sat ...... 28.11 ..... MOTE coium••.;. 'A' reflect sales/gross pr as a percent of the total sales/gross profit columns `B' reflect gross profit as a percent of the type of sale Sales and Cost of Sales: aie3 Sales discounts Net sales Cost of sales GrO33 Profit After Sales Discount Operating Expenses: Personal services Supplies Insurances Building rent Other services 6 charges Depreciation. Total Operating Expense Operating Income (Lois) NonoperaLing Revenue: Interest on inv.stments Other Total Nonoperaticg Revenue Net Income (Loss) TYPE OF SALE Liquor - sales - gross profit Mine - sales - gross profit Beer - sales - gross profit Mix A Misc. - sales - gross profit Totals - sales - gross profit - sales discounts CITY OF 020110 MUNICIPAL LIQUOR STONR STATEMENT OF REVENUE AND EEPROSRS --Three Months Endea Tune 30 Sit Months Eades 0460 0 Amount sales -A Aeount Sales souat Saies ASZounL I T-sl*$ $118,842 100.00 $115.492 100.00 $193.365 100.00 $202.708 100.00 3,153 2.65 1_,631 1.41 4 220 2.13 3.223 1.59 115.689 97.35 113.861 98.59 183.145 97. 2 199.485 96.A1 85,17-5 71.67 80,279 69.51 138,513 71.63 142,175 10 la S 30.514 25.68 1 33.582 29.ug S 50.632 26.19 • S7.3.0 21.g7 20.506 17.25 -0.011 17.3.3 41.i2o 21.27 39.6i6 19.60 390 .33 803 .69 961 .50 1,121 .55 1.475 1.24 1.321 1.14 2.926 1.51 1,669 .92 3.750 3.16 3.725 3.23 7.S00 3.88 7,400 3.65 3.258 2.74 3.773 3.27 5.662 3.03 7,164 4.54 427 .36 428 .37 855 .44 $55 .=t 29.806 25.08 30,061 26.03 SY,214 30.6j . 1-0.226 1d.'1 706 .61 3.521 3.05 (8.592) (4.44) 650 >5 564 .75 2,104 .57 O2 650 .55 _ g69 75 1,100 .57 1.}b2 111 3 1.358 a s a a a a t a 1.13% a z z a a z z S 4,390 as Sass. x 3.80% z z:= a 1 (?,A9') z z z z a z' _ k3.67)f a s a t as 29 1 6sa a a a s s s a a yzs auto z:■ GHJSS PROFIT JN SALES GROSS PROFIT ON SAES A B A _ P A B A N 33-20% 33 38% 3e-05% 34.63% 29.77 26.19% 30.22 27.61% 32.05 26.701 31.84 27.46S 25.62 23.34 26.44 24.162 31.75 35.11 28.02 36.5J 31.36 3j.65 28.62 35.00 38.96 40.18 3f.66 0.27 34.42 25.03 38.73 29.39 33.71 26.07 37.OS 28.91 3.22 3.10 2.83 2.68 4.06 35.76 3.03 29.78 2.88 29.92 1.49 27.73 100.00% 100.00% 100.00% J.00% 100.00% 28.33 100.00% 49 100.00% 28,37 ;01).00% 29.86 2.65 1.e1 2.18 1.59 25.68% z a z T S a 29.05f z a z '_ z z 26.19i a a z= a a 28.27 s z a s a NOTE columns "A" reflect sales/gross profit as a percent of the total sales/gross profit olumn3 "B" reflect gross profit as a percent of the type of sale i CITY or 0*000 MUNICIPAL LIQUOR STORK. STATEMENT OF RRYENU6 AND 6IPISYS6" Sales and Cost of Sales: Sales Sales discounts Net sales Cost of sales Gross Profit After Sales Discount Operating Experses: Three Months Ended March 31 l 7ii Amount ^ I Sales Amount T3`s-I-as S -4,,23 10/.00 $ 87,216 Its.00 1 /67 1.43 1 S92 1.83 -�, 56 �e .-5T -� i -w.ii S3 338 71 57 61 896 70.97 027'it 3; ri ire Personal services 14 27.66 19.867 22.70 Supplies i7i .77 3/9 .37 Insurances i,451 1.95 548 .63 Building rent 3,759 5.03 3,61S 4.21 Other services 4 charges 2,6/4 3.S0 3,39i 3.90 Depreciation 428 .57 427 .49 Total Operating Expense ��cj�� -,flfm ��$�r�� -'32.j1 Operating Income (Loss) (9,3/�) (�4F) i4,419) (5.16) Nonoperating Revenue: Interest on Investments 459 663 .76 :her 30 .03 :,tal Nonoperating Revenue _ '-45� - ,� "-`-'693 -; Net Income (Loss) (3,958) (TT.H)1 8 (3,7'4a) ......... ■0..... a ......... (4.31)t .■..•.. GROSS PROFIT OM SALES TYPE OF SALE A '! 8 � A i �- Liquor - sales 37 801 36.29% - gross profit 35.67 27.461 34 .zy 2/. :X Wine - sales 21.75 25..1 - gross (profit 39.74 31.49 29.46 33- Aer_ - saies 33.04 j5.74 - gross profit 32.59 28.93 34.71 28.20 Mix 66 t:isc. - sales 2.21 2.1: - gross profit 1.91 1;.62 t 74 23.'6 T.tals - sa'es 194.00t 100.16% - gross profit i0P.89% 28.43 1//.8/t 29.03 - sales discounts 1.44 1.83 ...... _ sea... NOTE columns "D" reflect sa;e../ocoss profit as a percent of tAe tot`i salved/�aoss profit _e11�S 'B' ref14-1:t ;Loss profit as a percent of the type of J.:, Memo 85-42 /ACV TO: Mark E. Bernhardson, City Administrator FROM: Thomas M. Kuehn, Finance Director DATE: November 21, 1985 SUBJECT: Approve Engineering Rates for _.36 The engineering firm of Bonestroo, Rosene, And er1ik and Associates, Inc. has submitted ror approval revised engineering rates to be effective January 1, 1986. A c arison of current :n proposed rates is shown below. Rates Per Hour 1985 1986 % Increase Principal Engineer $47.25 $49.50 4.8% Registered Engineer 42.75 45.00 5.3 Graduate Engineer/Field Sup. 34.25 '16.00 5.1 Senior Draftsman - - 3.50 - - Senior Technician 28.50 30.00 5.3 Technician 21.00 22.00 4.8 Clerical 16.25 17.00 4.6 Mo-d Pro-,essor 21.50 22.50 4.7 Attend Regular Council Meetings 40.OU/Mtg 40.00/Mtg - - Reimbursable Expenses at oat at cost - - lleage $ .20/Mi $ .20/M1 - - TO: Mayor and City Cou.s.1i Bernhardson, City Administrato�'IN ` FROM; Mark 9 Forwarded recommending approval to accept the above rates as being appropriate within budgeted amount. PROPOSED MOTION - Moved by Seconded by —, that City couw.cil accept the proposed rates as an amendment to its contract with Bonestroo and Associates for engineering, services. Ayes Nays TO: Mayor and City Council FROM: Sark Dernhardson, City Administrator DATE: November 2.1, 1985 SUBJECT: Spates Avenue Public Access In conjunct'on with Council's motion regarding tabling of the Rovegno matter until its November 25. 198� meeting, staff was direceted to prepare a resolution delaying opening of the Spates Ave tie access from 1 December 1985, to 15 December 1985, in 4 ier to a'low appropriate time and resolution of the Rovegno maLLer. Attac ed please find the proposed resolution. PROPOSED MC ION - Moved by , Seconded by , that the Council adopt resolution _ to temporairly delay opening of the Spates Avenue access from�1 December 1985 to 15 December 1985. Ayes , ,says _ _. City of ORONO RESOLUTION OF THE Ci T Y COUNCIL NO. A RESOLUTION AMENDING RESOLUTION i593 DETERMINING THE OPENING DATE OF THE SPATZS AVENUE LAKE ACCESS FOR 1985 WHEREAS, on April 22, 1985 the Orono City Council set the opening date for the Spates Avenue access at December 1 each year; and WHF.RAS, it has been determined that there has been fencing adjar tit to the access that causes site distance problems for exiting ie access. NOW, ThEREFORE BE IT RESOLVED that the opening date for the Spates Avenue access be set at December 15, 1985 in order to allow removal of the obstructing portion of the fence and that in subsequent years the original opening of December 1 be rein- stated. Adopted by the City Council of the City of Orono at a regular Council meeting on November 25, 1.985 by a vote of .___.._._Ayes, ___^TNayes. ATTEST: Dorothy M. Halli'n,, City Clerk Mary C. F Aa yor L 0 TO: Mayor and City Council �j)y(' FROM: Mark Ber•n'�ardson, City A(A.,iinistratori'' DATE: November 22, 1985 SUBJECT: Administrative and Personnel Polio Jvj Subsequent to tie November 12, 1985, meeting Kathleen Blatz was able to conduct a final review of the rules and having made a few technical amendments would recommend approval. Staff in conjunction with the City ,attorney will prepare for January appropriate ordinance amendments in Chapter 2 so that there is no conflict between the new policy and the existing ordinance. PROPOSED MOTION — Moved by _, Seconded by that the City Council adopt the personnel —rules as amended by adoption of solution which will implement the rules effective 1 December 85. Ayes Nays _ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. RESOLUTION FORMALLY ADOPTING ADMINISTRATIVE AND PERSONNEL POLICY ADOPTED NOVEMBER 25, 1985 WHEREAS, the City of Grono last viewed and adopted its Administrative an_; Personnel Policy in 1976: and WHEREAS, significant organizational, legal and compensatory changes have occured subsequent to the adoption cf than policy necessitating change in that policy; and WHEREAS, redraft of the policy is intended to make it more easily unde stood by those utilizing it; and WHEREAS, the policy being adopted has been appropriately reviewed and updated by staff, C ty Council and City Attorney; and WHEREAS, Section 2.18 of the Orono City Ordinances require adoption o. such a policy by resolution. M:,ii, THEREFORE BE IT RESOLVED, that ti,. Administrative and Personnel Policy dated November 25, 1985, dopted in its entirety to be effective 1 December 1985; and FURTHER BE IT RESOLVED, that staff be directed to review and propob? appropriate amendments to Chapter 2 in order to insure no conflict between those ordinances and the newly adopted policy. Adopted by the City Council of the City of Orono at a regular Council meeting on November 25, 1985, by a vote of Ayes, Nays. ATTEST: Dorothy M. Ha11in,�City Clerk Mary C. Butler, Mayor INTEROFFICE MEMO 85-155 , . EtING DATE: November 18, 1985 TO: Mark Bernhardson, City Administrator y� FROM: Melvin Kilbo, Chief of Police SUBJECT: Animal Contract 1986 I have reviewed the proposed contact with White Bear Animal Control for 1986. Among the changes are a price increase of 7% across the board, which are within budgeted limits, and the fact that the City is liable for veterinary bills for unclaimed animals requirinq medical attention up to a limit of $25.00. (Section 11) I would suqqest we change the cancellation period from 30 days to 10 days. We will keep close scrutiny on White Bear Animal Control operations. I recomriend we continue this contract. for 1986. TO: Mayor Butler and Orono Council Members From: Mark E. Bernhardson, City Administrato 1 Forwarded recommending approval. Staff will monitor the facility every six months and that inspections will be initiated upon complaint. PROPOSED MOTION: Moved Seconded The City Council directs contractualenter into appropriate contractual arrangements with White Sear Animal Control for animal control services for 1986. Ayes , Nayes 2U" ewt 6iKt?,04 dlKc- 506 11 th Avenue North Minneapolis, Minnesota 55411 Presider' Patricia .+ 11ey October, 28 1985 City of Orono 1355 Brown Roed South Orono, MN 55323 RE: Animal Control Phone 348-4250 Dear Clerk: Encic .ed ►herein. please find 2. copies oE.ahltniS+�i1 Control Service Contract for 1986. The service rates ere proposed to be increased by appi,)ximately seven (7%) percent. If you,have any questions please feel free to co et me. Very Truly •Yogrg WHITE HEAR ANIMAL CONTROL,' INC. THONXS L. ANGLEY,SR. V1 'iPresident i� TLA/cma Enclosure An Equal Qprkortunity Employer AGRFFMFN'i' AGREEMENT, made and entered into this day of , 198 ; by and between WHITE BEAR ANIMAL CONTROL, INC., hereinafter referred to as "WRAC" and the CITY OF ORONO, a municipal corporation, County of Hennepin, State of Minnesota, hereinafter referred to as "CITY/TOWN". WITNFSSF.TH: That WBAC, in consideration of the covenants and agreements of CITY/TOWN hereinafter contained, hereby covenants with CITY/TOWN that WBAC will provide Animal Control Se•lice to CITY/TOWN pursuant to the following provisions: 1. That WBAC shall pick up animals found in violation of CITY/TOWN's ordinances in a vehicle appropriate for the transportation of small animals. Patrol service shall be provided in accordance with a schedule mutually agreed upon by the parties hereto. Standby call -out service shall be ;rovided on a twenty-four (24) hour basis at the specific request of CITY/TOWN's law enforcement agency and/or a previously specified official of CITY/TOWN. 2. That patrolling shall be performed by competent WBAC personnel trained in the handling of animals. That such personnel shall be subject to approval by CITY/TOWN at CITY/TOWN's leques=. ?. That WBAC shall equip, service %nd maintain all vehicles used for Animal Contc Service with two-way radios or other communication. 4. Pursuant tc Minnesota Statute 35.71, WEAC shall impound all animals picked up in CITY/TOWN at its Animal. Shelter lo:ated at 506 llth Avenue North, Minneapolis, Minnesota. Said animals shall be confined in a humane manner for a period of not less than five (5) business days or until claimed by an owne". Animals not claimed before the expiration of five (5) business days shall become the property of WBAC. If an animal is not so claimed, WBAC may dispose of said animal in a humane manner, pursuant to Minnesota Statute Section 35.71, Subd. 3. 5. That all. impoundment fees shall be returned by WBAC to CITY/TOWN. 6. That euthanjsia service provides by WRAC shall be administered by qualified personnel and the disposal of animal carcasses shall be performed as required by Minnesota Statute Section 35.82, Subd. 2 (_'). 7. That WRAC shall assume all liability for all harm to persons, animals and property due to its n,.41igence or the negligence of its employees or age-' arising from the performan: of this contract and a(, ees to defend any legal act ,ns arising therefrom. WBAC shell hold CITY/TOWN harmless and provide CITY/TOWN w proof of public liability coverage, in the amount _ least $200,OOV per each claimant and $600,000 ft each occurrence, covering the performance of this contract. Further, WRAC will furnist TY/TOWN a certificate of insurance evidencing statu y Workers' Compensation coverage for all WBAC empl- ees. S. That during the dur6,ion of this contract WBAC shall not, within the State of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed, national origin, or ancestry and shall include a similar provision in all subcontracts entered into for the performance hereof, this paragraph being to comply with the provisions of Minnesota Statute Section 181.59. 9. That WBAC st,1311 keep accurate and detailed records of the impounding and disposition of all animals picked up in CITY/TOWN and furnish monthly reports to CITY/TOWN as to the services performed during the month. AND CITY/TOWN, in consideration of said covenants and agreements of WBAC hereinbefore contained, hereby covenants with Wr'.': that CITY/TOWN will obtain Animal Control Service from WBAC pursuant to the following provisions: 10. That CITY/TOWN shall pay to WBAC a monthly sum for Animal Control Service pursuant to the following schedule: A) Price per i,cur for scheduled patrolling based upon actual time in service for CITY/TOWN.......... $19.10 B) Price per call for unscheduled call -out service during the regular weekday working hours of 6 a.m. to 6 p.m ... ...... 0.................$22.50 C) Price per call for unscheduled call -out service not during the regular weekday working hours of of 6 a.m. to 6 p.m ...... .........$33.75 D) Price per animal per day, or fraction thereof, to board impounde ' animals for CITY/TOWN............ $5.65 E) Price per animal (dog or cat) for euthanasia ........ $7.25 11. That CITY/TOWN shall pay a fixed veterinary bill in the amount of $25.00 per animal for unclaimed animals requiring medical attention. Owners claiming their animals shall be charged the veterinary bill in its entirety. 12. The charge for animals picked up at the request of an owner shall be charged to such owner at the rate of 25.00 per animal. 1.3. That CITY/TOWN shall make all. payments provided herein promptly upon receipt of monthly statemen'-• from WRAC. 14. That CITY/TOWN shall appoint the Animal. Control Wardens of WRAC as CITY/TOWN Animal Control Wardens with powers to enforce CITY/TOWN Animal Control ordinances. THIS CONTRACT shall be in full force and effect from the date first above written to the 31st day of December , 1986, unless earlier cancelled be either party upon thirty (30) days written notice to the other party of the cancellation thereof. IT IS MU:'UALLY AGREED, by and between the parties hereto, that all the covenants and agreements hc—ein contained Shall extend to and be obligatory upon the successors nd assigns of the respective parties. IN TESTIMONY WHEREOF, the p,-> ties have caused this contract to be signed in their behalf by the proper officers Whereunto duly authorized and their corporate seals to be hereto affixed, the day and year first above Itten. WHITE BEAR ANIMAL CONTROL, INC., a Minnesota corporation by __ _ its vice President __ CITY OF ORONO by. its Mayor CICOFC 1.,, PRODUCER TW8 CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMENf Erickson -Larson, Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 7101 Northland Circle, Suite 100 COMPANIES AFFORDING COVERArE Brooklyn PCOMPANY Aark, MN 55428 LETTER Western World Insurance Co. COMPANY --ED - --- ----- ---__- ------------ -- ---- LETTER INSUR- ----- - _ _r--.- -- - White Bear Animal Control: Inc. LETTER Y C 506 llth Ave. North— _ - - Minneapolis, MN 55411 COMPANY p LETTER COAAPANY LETTER THIS Is TO CERTIFY •HIT FOLII.IES Of INSURANCE Us1ED BELOW HAVE BEEN ISQMDTO TMF. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDiTWN OF ANY CONTRACT GO OTHER BE MSUW OR MAY PERTAIN, THE INSURANC! AFF+ORM � TM ---*LIM 089CROW NEREIN rx"M OF SIICH PoL"s. RXICY ER L'T" TYPE OF INSURANCE -�� _ POLICY NUMBER - DATI pwDDIW; a1MAAL UAMUTY A � jo ILvtm GLA206581 �X 1'-4smfoT1ONS EAPI LOU K41ARO FgODIK TSG01IFlETEO OPERATKINS GO WIUAL sESPEMDiNT ;�' til►CTORS i M&I) FM P I PIN DAMAGE X rERSONAL 90 AUT 1 LJAMILT" ANY At, - KL OWNED AW05 IPRIV PASS 11 All OIMliEO w! ,, {FRIIIRPASS j STIED ALTOS i NDN6OW4E0 AUTOS 6AIIAOE. LIASLITY f [XC[q LLABAJTY LMI VILLA KM osnEA r►.w �.1�+E; � A Iola+ ' woman COMPENIATtOM I AMC � EMPL��YERB UABr!tr NArI (Y_AT'I[IiAIBMEMIL"Ll TYSPECLEI ITEM', 7-12-85 f M/SURi AhKO ABOVE FOR THE POLICY PERIOD INO1GATED. DOCUMENT WITH RESPECT TO WNICH THIS t:211ITIFICATE MAY Is SL kMCT TO ALL THE TERMS, GACLUIF:ONs, AND CON N- — P(XEy 111111MYITOII LWBILITY LIMITS IN THOUSANDS H -` •liApE�.i r- -- t,CiG.RlOAli OATS VAIIMVM _--- 7-12-86 "Amy s, $ MIDpERTY DAAAA♦ $ $ 1$300, j CDU91 G"D $30U, PERSONAL INJURY l $ =r 1 qw $ Kqr �imo�Ir S _ goo C3+MMNED 3 STATUTORY -- . 12 IEACN ACc�%T+TI ASf POLICY lMafi IOW AS( EAChEMPLOMEE i 1 t Y o * Orono (MOULD ANY Of "0 AEA3VE DESCAIEMlC ' "v if Va M CANC[LLIO WPM TOO EX. ►IRATION DATE THEREOF THE ISSUNT+! ''OW^NV WILL ENOLAVOR TO 1355 Brown Road South MAK Ten "VI W MTTSN NDTK.! TO THE CFAITV CAT! NOLGER MANGO TO TH[ Orono, MN 55323 LE" SLIT FAKURa TO &WAL sUC►+ NOT K * IMU 4110M NEE of s" T10" CIA L.IAeRf" aP ANY K= %~ TM 99WANY, 'is Aw"TM all 48PONAMNITATM& _. ALRwORltfn +1E�REEaMTANUe ro: Mark E. Bernhardson, City Administrator From: Joan Lattir : Assistant Finance Dire. _c.r L#at! . Novembc r 21, ' ) ° 5 Subject: Refund Building F,z!rmit Mx. .3oilis took out a )uilding permit on October 16, 1965 in amount of $937.75. On October 28th, ;ol 1 is returned to C;ty Hall and stated thc- his bank had .,-L.kfied him that t`)e check for $937.75 was N—F. At that time he paid for the bGi.l.d=,-ig permit with a cashiers check, which was cashed I a t_me ly fashion. The City never did recei notice of the N.S.F. check any' subsequently, Mr. Bcllis found that the original check ha( cleared the ban); the se nd time it was presented. It is recommended that: Mr. Eolli: be refu:ided $1)37.75. To: Mayor Butler and Orono C'-junci l Members Fiout; Mark E. k cnnardson, Cit., Administrator rward,- recc .,mc-iding refunc approval as t.r , Cit as bee,i appropriate_ ,)a: � t r the building permit 4 th the - igil^.al check. Propose:) motto,&: Mo��cd , Seconded_ that the Citv cf Orur ^ . $917.75 t., Mr. Chris Boll_ double k -,ent for a .,uildirq permit. Aves___ — Nayes 10: Mayor and City Council 1r F80M: Mark 'ernhardson, Cit Ad..,:.t i.strato��' DATE: Novi 2, 1985 SUBJECT: lilrich _ -ooerLy INTRODUCTION As noted in the attached memo, the Planning Commission considered a,'' then tabled, due to a lao:k of information, the after the fact, variance and conditional use permits for various work on the property. Because of the scope of the work tha has been done in violation of ordinan^es the Commission requested staff atop all work both Ian-:scaping aid building on the site. St,jff does not feel that such a blanket stop worry. is appropriate as it may exacerbate the problems and since `' e violatiunJ he been in landscaping, the Cite may not have authority to at,, progress on the building as i. meets the appli ,,4Ir criteria. RECOMMEhL IT.I.ON That '-ounciI cones in the actions the staff is taKen in relationship to the pr^pt,"y outlined: a . ) Permi"tr ti<.n of ' he :;ui'.ding within applicable c nd ordinances b.) Stop all .andscaping work pending consideration by Council of the conditional use permits and variances with the exception of: 1.) Complete fi 11 ing of th trenh uti 1 ized hook to sewer in Bohn's Point Road. 2.) Complete backfill around the house. ) Removal of stockpiled dirt from -of-way. PROPOSED MJTI')N - Moved by Seconded by that the City Coun-il concurs in the actions ataCf has undertaken in relation to •telopment on the property as outlined abuve. Ayes Nays To: Mark E. Bernhardson, City Administrator From: Jeanne A. Mabusth, 'Zoning Administrator Date: November 20, 1985 Subject: #991 William Ulrich, 1S35 Bohn's Point Road - Conditional Use Perini,— This is to advise you that t Planning C,)mmi lion called for a stop work order for all building and g, ;ding activities at the Ulrich site. They demanded immediate action because of the filling and gradinq viola- tions within the 0-75' setback area and major filling and grading performed by the applicant out of the scope of the original building permit and the original grading plans. The Bohn's Point neighbors reported that filling has been going on for the past year and that now they were excavating the wetlands on the Blohorn property. Staff had worked with Ulrich after a strain" 'Line -;irid storm had knocked down over 100 mature trees on the sit- and allowed him to do grading and filling where trees were removed and repairs to a drainage system that had been damaged. Ulrich has admitted that he did bring in approximately 4000 cubic yards of fill later that year to prepare the building site. This all appears mute in consideration of the building site now. The huge stock piles of earth cover everything. The neighbors claim the house has been raised above existing grade. The filling within the 0-75' setback area does not involve major charges in elevation but does involve filling of about 3 to b inches top soil for planting of grass. Staff has requested silt fencing along the entire disturbed area adjacent to t',e lagoon. It is my understanding from s'-aff that this wall was done sometime around the third week of October. 1,ie applicant was advised to file an after -the -fact conditional use permit. The additional filling and grading completc-1 within the original Plohorn property and the Ulrich property is not c ; read by this land use application and staff will ask that. a - sparate af•;.,__-•the-fact application be filed. From reports of the neighbor- and building contractor's staff on site, this work was completed on November 9th & 10th, a week before the November 18th Planning Commission meeting. This involves major filling and grade changes never reviewcd with btaff. Staff has been advised by the hlic Works Department that the re- porte,: excavation of the wetlands _nvolved the sewer con -Attic nd a clean out pipe installed at the edge of the wetlands. ,lev.+tior. _ ` the basement floor is at 933, the flood plain elevation o:' .5 requires that the f loor be at a minimum elevation of 932.5; most City ..es would ask for a 933.5 elevation. The f irst f loor or cei 1 ing of the basement is 1' feet high. The vest portion or one third of the foundation will require 2 feet cuts into the upper slopes. There i s nothing in our code that l imits the height of a basement.. The height of a structure is determined , diagram enclosed for your review, The house does not exceed 30 feet from proposed finished grade. Zoning File #991 November 20, 1985 Page 2 of 2 After the Planning Commission meeting, sta. called for a meeting with the architect, project manager and biilder. They advised that Ulrich hired an outside contractor to come in and perform the job and that they, the architect, project manager or guilder had no knowledge of his intention to move this fast. Staff has advised both those in attendance at this meeting and the supervisor at the site that all grading and filling will cease until the City reviews and acts on the final grading and landscape plan for the site. Staff has allowed the following activit? 1. Complete filling of sewer trench from Bohn's Point Road. 2. Complete back filling around house :--i save frost footings/foun tion - this involves filling of crushed rock and top soil from st : pile from foundation exca.'tion. Unfortunately, the crushed rock will be transported by approximately 70 dump trucks. 3. kemov.E- _tockpiled dirt from. City right -of --way. Once again, staff can find no problem with the propc -%d structure. We are dealing with a house of some 33,000 s.f. The foundation excavation and stock piling of e4rth is not unusual for a house of this size. The original grading and drainage plans showed nothing unusa l with a house of this size. Staff recommends that we do not stop wcrk on the house but stop all grading and filling as outlined above. Piease advise me if you want staft to issue citations or limit other activities on the site. TO: Mayor and City Council FROM: Mark Bernhardson, City Admin:strato�l DATE: November 22, 1985 SUBJECT: 1290 Spruce Place As you may recall that this house on Spruce Place was put on the hazardous building list about 2 112 years ago and subsequent to that, it went tax forfeit. Since it is tax forfeit the City will have to sustain the initial cost, to remove it, which will be about $2,500, however this can subsequently be assessed Lgainst the property when it is sold. The County has given us preliminary approval to remove the house, but the County Board w111 not formally take action until its December 2, 1985, .neeting. Subsequent to that action on December 7, 1985, the Maple Plain and Mound fire departments will remove the structure by bu.•ning, it; is then anticipated ..iat the abutting property owners will each take a portion of the property to attach it to their land after having paid off the appropriate back taxes and assesements the City will place against the property f,:r recovery of its -osts. Expenditures incl,ide $12-1500 for L. L. Dress,!i Constructic, to remove and back fill the property fol lowing expenditure of $600 for the house to be burned by the Mound fire department. PROPOSED MOTION - Mo-r d by , seconded by the City Council hereby authorizes expenditure of up Lo $2,5u0 for removal of the house at 129" Spruce Place and that the assessment be placed against the property sn that the City may recover its demolition costs upon sale of the prope-ty. t 7 J TO: Mayor and City Council 1111 )iV FROM: Mark Bernhardson, City Administrato�� DATE: November 21, 1985 SUBJECT: Administrator's Information COUNTY ROAD 15 - As it presently stands the County has moved the programming of the County 15 upgrade from 1989 to 1988, however we will exp' re to see if there can be any further mov,�ment to have the wor.. done in 1987. LONG_ LAKE_ LIBRARY - In response to the Mayor's letter Comm issioner�Robb has indicated that the item will be reconsidered at its December 5th subcommittee meeting, We have a prPI" iminary indication hat perhaps one or two of the Commissioners will be inclined to charge their mind on the issue. So that there may be some possible movement in being able to keep the library open for at least 1986. That's the good news. The bad news is that construction of the new library is now not scheduled to be undertaken until 1990. HARDCCYER - Staff has set up a meeting on December 3rd to discuss th-hardcover issue again with the Hennepin County Soiis and 'a-,er office. In attendance at that meeting will be the District's hydroligist, who has some experience and has done some work with some software programs that do computer modeling of stormwater runoff. We will gave you a further- update on this at our December 9th meeting. HAZARDOUS BUILDINGS - As you will recall back in August you passed 4 resolutions for hazardous buildings to either have them fixed up or removed. As you may also recall some of these building have been in del apitated shape for a number, of years. One of those buildings was demolished in September, 2 of the buildings were removed by the appropriate fire departments in October and the 4th one located adjacent to the North Arm bridge is currently being demolished. It should be mentioned that the successful r-movals prior to going to court have been the result of positive efforts on the part of staff, particulairly Tom Jacobs, who while r,ot devoting a large amount of his time to removal did through his persistence insure that these buildings were taken down appropriately. LIST OF LICENSES FOR COUNCIL APPROVAL FOR MEETING OF November 25, 1985 'Pitt�. One day set-up permit - Art Center of Minnesota JTU December 3, 1985 December 4, 1985 December 5, 1985 December o, 1985 December 7, 1985 (Holiday House) 'Phis brings the total licenses for 1985 to 8 for the Art Center. ONE DAY SETUP PERMIT' PATE OF EVENT: December 3, 1985 0�11 L-,1uOr Cnnuul Division P� "CO rp; N ;,n Ov., U,.�w�,,U 400 cad., STATE OF MINNESOTA SL foul, ,10otn 55101 t?9G.61•G1L9 DEPARTMENT OF PUBLIC SAFETY 1GI ? APPLICATION FOk PERMIT TO ONLY ALLOW CONSUMPTION & DISPLAY OF INTOXICATING LIQUOR {Thii Application Shall Be Typewritten and Submitted Before June 1st of each Year) In answering the following questions "APPLICANT" shall be governed as fullovn. For a r1urinerstup, one of the partners shall execute this application for all members of the partnership. For a Corporation, one officer shall execute this application for all officers, directors, and stockholders. For a Club, one of the club officers shall execute this at.+phcat!on for all the members- If additional space is ruo 1,1110l, use it separate sheet of pa{ter, indicating by number the question answered (FEE FOR PERMIT —>MOM) S25.00 EVERY OUESTION MUST BE ANSWERED 1. I, Sue Bilger , as Administrative Assistant INa­* ul poison rnak,nj appl,calion) � i!nd,v,duel own... Oarin.,, off,(yr, (rub off,C.rl I or t:nd in behalf of ThP _ARt C-enteraf_ Mi r n ao a _ IMVseil, nainrs OI •Path.,., name of Coronrsi�on, or name of [lwbl herehy opply for a permit allowing consumption and display ` intoxicating liquor to be located at 2240_112rth Shore DRiv@__ ___ , Municipality of Orono IStreet A,tar,ess rote., I.a) a„A mock number) Pos: Cifice of _-_Wayya,ta_ _ , County of _ ITo..nsb,o and Sect,oni Mate of Minnesota, in accordance with the provisions of M.S. 340.119. 2. Will business be operated as a private club or public place —pttht i c 3. State tyfte of Easiness Fine_ and Performin_a _Ar.LS_ Fd111r, 1t i 1 S,:Bt tOr .- 4. FOR A PUHI_IC HUSINE.SS: If a partnership, state nan c and address of each member of partnership; if a corporation, state name and address of officers and directors. 17945 Breezy Point Road, Wayrzata1 553�i SSusan Fnriaht._ElLSt_y1_ .'&L�sident �Qi�Bayside�t�ad.-._ oc-wi Los;% 5_�, I Name) (Add,efsl Mari Radiagqn Inn RoaA E,ccritd_ 5533] , NA•nrl I Altdr n,$) 5. FOR A PRIVATE CLUB: Date club was organized number of members length of time in present location rented _ what is the membership dues membership is club incorporated _ , is club building owned or what are the requirements for Does club maintain lockers to be used by mwmtiers for storing intoxicating liquor Names of all officers and/of directors of the club. ihi,wal I Ad- -1) r Ni,+y) f A,etlr Ns 1 Enclose with this application a copy of the Constitution , fid By Laws of the club and current list of bons Lde memt ery 6 It appliCdnt or any sar.ner, corporation officer or due(:lor, club offi,_er or director, is not a citizen of the United collates, 1!`• such non citizens ]. Stare nonic .:1 person vo cs will operate or manage business tt-r 1 A_ AcGra a _.FiLgitiGi1LlYAL. I1ILr L__ ... 23 U-,L-ll—i ::iI"- ..'r �411L'. ML) I ('--' - _S A 5 I.s-- 'An. •.N! Uoes club maintain ioci ers to ae usea cry officers andior directois of tlIC CILJb' (No mej IName) r siorinq (nddtrsi! iAdd. cis I y Hquvr Enclose with thi; application a copy of the Constitution and By -Laws of the club and current list of bona f idr mernt.ei s. 6. If applicant or zny parmer, corporation officer or director, club officer or director, is not a citizen of the Unitecl Mates, li•., such non -citizens 7. State panic _• t p„rsori who %vill operate or manage business' x.�z13__.�c: �r� t_.E,3cecutlx ..Ilirt " 'r 2.jjfi.__A2jl VeY_ Ay,.2w g_ South. MU1 e-g - 1 5� 5 'tian+wl [nt1.:,assI 8, On what Iloor is the establishment located, or to be located —Main �. How are the preniisui ciass:'ied udder the zoning ordinance Residential !,u(3rnvrd f,:r V,01,111 ,ti ! DO NOT USE Ch; c k t� w+M» �j Cash CITY OF ORONO Z CioE c UD EMPL-NO NAME P A Y R �y7lck- Y-T-D 0 - - - - - - )IV GROSS GROSS EXPFALLOV NDERSON LRNHARDSO I NER INKHAUS KMASTER ECK ESYICK REMBERG GLISN It ICKSON I CKSON I T2LER FFRON LLO RHARDSON EGORY IFFtTHS iLLIN iNSEN iN S L446 NNING GUS 1COBS OHMS OMNS)M ILHO IRNYCZUK .AERS IUTSDM IIRMEL JEHN IT T b. ABUSTM %MULL -GONAN IRONCLYMS TOSS AIR AS 4AN ALPER raR501A LILRSOM TERSOM ROVO UAST 01CRAFT ASS SL 31 31205,90 1152,32 ME 12 24200,17 1692011 SA 31 15015.46 651.43 CA 90 168.00 0.00 JF 42 27777,03 1134.64 YO 31 31020.37 1273,04 NJ 92 21230.21 1166*91 JR 40 130.35 0.00 GB 31 31652.9b 1383.14 P 90 318075 0000 OL 90 13338,53 553.84 IN 31 17506.07 1173.01 OJ 93 2030.40 0.00 KA 31 33290.15 1541.23 JR 31 31157.40 1525.IT MP 33 24072.72 1004.64 OE 93 6B6.51 0.00 JR 42 54415.32 1442011 JO 42 23623999 971.10 GE 31 14684.02 460.11 DM 12 19605.38 817.52 SC 42 21385.76 867.24 CJ 31 6065043 330099 JP 90 1806439 0000 P4 90 14043*44 583004 TJ 33 2414208/ 992052 RJ 90 0000 0000 RP 31 28508.70 1195.53 MH 31 35242064 14700110 M 31 30366061 1357058 AS 12 1095020 128000 CA 15 16580olS 69?.24 DL 93 0.00 0000 FM 15 31900.12 1333.29 JC 15 19596011 $11052 JA 33 21271968 1221060 CM 90 969300e 171060 LR 90 25196.00 1051.52 J 31 29199072 1152032 Ft 61 16559094 741004 TL 12 14695010 635021 00 93 656000 0000 LE 35 14952000 624090 PH 3. 427023 sou SC 31 30655olO 1193953 PL 12 3111070 368069 KY 93 1016000 0000 BJ 12 )161056 Goes VA 92 22651034 1118043 4E 93 Gate 0000 JJ 42 21494a 31 661011 COO CITY OF 01ONO P A Y R Y-T-D -- ---- EMPL-NO NAME DIV GROSS GROSS EKP/ALLOY SELLNER CL 93 0400 0.00 SELSTAD ER 93 0000 0000 SIFVERS RC 90 775000 170.00 SKREEN DS ♦2 21365*80 B6l•l2 SI.IGO SR 93 2165*10 0000 SMITH JR 92 22526.78 978.92 STEFFENHAG RE 93 23075.91 963.O4 STEVENS BG 93 2777941 DODO i HIES OR 90 29TS451 190.00 TOMCZYK MY 31 29307.92 1173*93 4UTTCKE SM 51 63025 0000 i COUNT GRAND 409696*98 S ►AID 0004t TOTAL 00062 TOTAL ' TOTAL FICA TAX GROSS = 22.136098 ERPLOVERS FICA A = 3ROUP HEALTH a = PHTSIrIAN•S HEALTH PLAN C = BLUE CROSS/BLUE SHIELD 0 = MEDICAL CENTER PLAN F = PRUDENTIAL F = COORO. HEALTH CARE G = MINNESOTA HMO H = TRANS-AMERICA OCC. I = BANKERS LIFE J = MUTUAL SERVICES K v MUEUAL OF OMAHA L = EMPLOYEES BENEFIT M = AETNA N n NICOLIET EITEL 0 = LEAGUE OF CITIES 1 = WEALTH CARE MAIMT ACCT. MTSSINA MOSP CODE FOR S041 EMPL•S 1164 CIS, O0 0.040 -NECK REGISTEN 1]-z5•el PAIL I CHECK N0. OLIC AMOUNT Y(0001 LIEN OL'+CA Vt10a ACCOUNT N0. INY. l P.C. t NC5416E • ]11vY Wa ll's 20.19 AMERICAN .INC% MNT BL]0/6ROS I1-4s01-115-16 24.61 • •..... .....COS )Ttl!4 11/24/0% ]ss.s5 AMRICAN SPEEDY P16IP63L 91-4322-129-11 • ]SS.0 ����• u•-COS 111011 1111/0•. Lll if S f W0m If LCPNONI 01-4320-I15-0 31-011 IIRI/U '`.. >•. LI s ".'lM If LEPPUNI 05-4370-432-60 •.•-COS ...... •. lit6.5 II12//e1 51.00 SLACA24IAA 4 S)N! n106/6.0s ONI O1-•I.1-019-11 ]NOIs 11/2lims 100.00 TAEf9a1AE 4 SOV% 4t3416"as MNt 01-4Hl-110-61 • 121115 a1126 t1% IS.oU RLACSOAIAI 4 SONS 0L0614106 RAT z1-4343-515-10 106.40 ♦ ...... .... Cgs ITp6I IVN1as 11m..4 eAn 1I9P. 110% METAL SI NNI SUP 01-4233-241-42 • 11e.11 . ...-COG ...... 84014 11/21115 e0.20 MJNCST4OO ROSE%( as% IW RITAIWA 01-.194-N 0-U Situ. ll/21/ls .4.34 m04sfemo ROSEW ASO EW CONSULT 01-41OS-t41-42 • M4414 /1/N/H r5s.ts IONETI4OO ROANE ASN NIY11 12 STOT 01-43OS-211-12 Scott* 11121/0 .14.TS NOILSn4Y ROSEK SAN EW CONSULS 01-43I5-446-I1 Sm" 11/21tH 42.15 6OMESTR60 ROSCOE Asa CW CONSULS N-4]IS-u6-00 • 321614 1110911S %.261.52 BQK%VR00 ROfCME IS" CW CONSULT 4S-450S-412-00 d VOP4 111111eT 41.IS RIWSTI00 40SENL AS" EW CONSULT 17-4385-511-11 51141. 11/29/65 126.44 m0!Lsim00 19SEaE Asa I W [OIRULI 1]-4]05-361-12 • 1.025.01 . .••-CNS uu.• • Miami 11/21115 561.40 SUM A CAILSON 1AC ST "It SUP 01-.115-241-42 141.40 . • •..-ENS • "tits 11111141 540S CHURLS 0u661 WI lWI1 6I.0341-241-42 SI.II ...-CIS • .....• W0114 11/211N 12.00 COCA COLA YCNOIN4 E4UIP RENTAL 11-U)t-515-40 • V0V4 iliz4111 514.01 COCA talk ILWi46 "is PUNCH 11-0929-SIS-14 Sol PP.— ....CRT 1191 CITY OF ORONO CHECK RLGISTLR 11-25-65 PA6E 2 CHrCa 40. OATL ANOU9T VEODOA ITEN DESCRIPTION ACCOUNT 40. INV. I P.O. + NCSSA" r 329110 11/21/65 30.90 COLONIAL LIFE INS CO HEALTH INS Ol-U51-116-SI Sr91to IIM/a5 15.OD COLOVUL -9FE INS CO HEALTH INS O1-U56129g1 61.00 329131 11/211A5 361.r0 COMERCIA. 6LDG RAT JANITOALAL SLAV 01-9399-091-11 !21131 11/21/0S 2230 COMICNCIAL 01LOG ANY JA%ITJR1A1 SLAY OT-U1M Elf-]1 :b t11 L9193 11/21105 9.60 COIM-REV &&LES SAX OCT SALES TAX 01-2222-666-00 U9133 11121101 S.DD COTM-ACV SALES PAX OCT SALE) TAX D1-ssno-ooD-DD 329155 11/21/61 1.00 COM-REV SALE) TAX OCI SALES TAX .1-2212-000-06 529131 11/231a5 )090.00 COMP -REV SALES Ha OCT )ALES TAX II-1ri2-aO0-Oa 321133 11121/15 106.00 CONK -REV SALLC TAX OCT SALES TAX 72-2712-006-00 329133 11/21105 111.00 COMP -REV &ALES TAX OCT SALES TAX r6-2222-000-00 3.196.00 . 1 V162 1l1211:5 53.50 COPT DU+ 'A INC OFF SUNLICS 01-6210-939-12 1191L) I1/11/5 I0S.02 COPY ONP ,N INC OFF SUP IL I15 01-1211-2A-12 M91.) 11/21/85 IS.r1 COPY Du- M INC OFF SUPPLIES 01-6119-059-14 32/112 11/21/63 62.20 COPT OUP -a INC OFF SUPPLIES 01-6210-O69-11 329112 11111165 1.,T COPY OW 'R INC OFF SUPPLIES 01-6211-It1-3l 329N2 11/211a5 165.56 CY►T OUR PA INC OFF SUPPLIES 11-9210-129_31 M41.2 11/21/65 11.115 lMT ou- OR INC OFF SURFLIES 01-6210-136-)) 329142 t1/21:65 116.61 COPS OUR -R INC OFF SUPPLIES OI-ItIB-116-3! USA42 IV21/s5 ll•13 CM1 Dip '9 INC OFF SUPPLIES 01-6219-21+-6T 329190 11/2t/05 8.77 COOT OUR •N INC OFF SUPPI I I a r2-6210-)6t 11 32,162 Hitt/as 4.39 COPY OUP .R INC OF. SUPPLIES 73-1211-169-92 MOTOR II/zl/a] 3.79 C01AY ]tip •N INC OFF SUPPLIES Y6 4110-599-13 13..62 Sz 913) 11/21/65 I0.69 CROON IU69ER STARR OFF SUPPLIES 01-6210-120-I1 S291I1 11/21/85 6.25 CRONY IUO6Ea )TARP OFF SWPIIES 01-62.9-039-42 20.1t )2fla! 1 V211a5 1.621.15 FAST OLVCRWL ALEX PUNCH Ib H15-515-►0 "flat 11/rl/a5 1.215.02 CAST IEYEA26t KLA P CA rl-6411-St -90 ' 329107 IL/21/B H.11- LAST 510E 2EICRA21 "t MET )1-:O6-1T9-10 919161 11/ti/43 S2.6o- tax? slot t(YEAK( "I off 11-M4-5ts-fa 3111a1 11,71105 la. IS Fast 910F I(VER", AUC PLATE" rl-•RR-119-91 • x9199 It/TV15 21.16 GOLF C ERICKSON OF1 SUPILI n-92u-a5f-It )09191 11121105 3.6 M.22 R6LF C ER(C6sON &Strait", SONY 91-ISIT-099-14 • 321119 11/21/45 215.60 NOLF E COICNSOa FaU1P RENTAL 01-.DI-03M11 1W CLII 0I O11040 CMTCR NJ. 0A1( • I21r19 II121/91 329799 l W45 • !19293 11/a/95 • 31111. I1P1195 329916 11/R/RY • 11923a iltr111', • •.us 329266 11/21165 329266 111]1/15 329222 11/ales 3(12E3 11/211s5 31921E 11/21/as St 9 Rt 1W1165 329212 $412114% U92vt II/S1t61 519t I2 11121165 • Sl Slat 13/11/95 1111217 11121161 R9n2 11/71/6, • U9212 11111/1'. llsllt 11/a105 !v921` 11129185 • o.u• • Its111 l I1a163 U9t11 11/21/s5 • US211 11/U/ss f992R 11/21t4i U1lIl I ltzl lal • 189271 illatal CMCCR RCGISIER ANOUAI Y[1301 If1" OESCRIPIION 5.100.16 51.00 SAN1tL !I)VS "NI AUTO 300.00 GANIIL SI3VS AOVERIISING 535. 00 1.90 OOLOEN VALLEY CC COMF/SCHOOLS 1.00 . 311.46 SEWINE Pl9Ts CO EQUIP/PIS/ACCt SS 2.41 GEMINL PARIS CO EQUIP/PTS/ACCESS 313.91 29.15 GLERV09O 14GLEWWO UfILITILS 29.15 . $67.95 60ME4 OIL CO IUCLS/LUSES 161.20 GOPHER OIL CO FUELS/WSES /35.1s 192.15 G a 9 SERVICES VLARINS AW 192.15- 6 a A SERVICES W ARING APP 192.15 u S A SERVICES VIAAINE AW 10.00 6 a R SERVICES ST NMI Sup 43.70 9 G R SERVICES NLDG/AR0s OUT 55.40 6 a A SERVICES 610616t03 "1 39.96 a a 9 SEO/SCEs V[aRlNa A" 4.00 6 a V SERVICES UTILITY ""I 1UPa r.s0 6 a 9 SENVICEa MIOGt6ROS Oki 19.99 A a C s[RVICrT What" ASP Y.1a 6 A a SERVICES JTILITV NMI SUp. 4.10 6 6 9 SERVICES 6LOGtlNOs "NY 49.61 6 6 9 S(RVICES VLARINO A" 419.19 61.13 My -90 NCALIN CARE MEALIM INS 61.1% RED CIA NrNIN CANE Kali" IS& 61.15 At CIO NEALIN CARE NEW" INC 119.63 NID CIA OYL)N C441 MALIN INS 111.16 Ka CIA NENTN CANE MALIN INS I4.91 NE5 Cv6 WALT" CARE MALIN IN 11-25-91 PAGE ! ACCOUNT W. INV. I P.O. R MESSAGE •••-CRS 01-4341-299-42 v1-9123-]1]-90 O1-9356-121-11 II-9232-119-92 It-9232-210-61 01-1329-19 -lI 01-9220-091-93 15-1220-569-12 6l-NSI-93+-1Y r1-9111-N9-I) .o-uv-us-a n1- N N-I ry- H 61-151-191.9E 11-41'11-)41-)1 ...-Cas 11" CITY 91 "UNO CHECK REGISTER 11-t5-e] PAGE 4 At CNECR NO. MAIL AROONI VEN004 ITt4 0E11CRIP110N ACCOUNT 40. INV. a P.U. A NL'..RJ' re "RTl I1/11/23 44 S. RED CIA HCALIN CARE NIALTH INC sSe.AI 319711 11/21/45 1?2.e0 N1" C11 :RIFFS 1IAC cuts/SCHOOLS 01-4314-121-31 ` 112.08 .0 ..• •..-CRS AIR "viol II/21/4% S.ta NEWS CIS 'IN DIV POSTAGE 01-4321-040-I1 "9395 ll/al/AS Ir5 H.9B Na" CI9 IIM OIV JAIL CNGL$ 01-♦SSe-000-11 to 1.515.11 . o w.. •..-ERJ 1293SG 11/21/05 V1.92 ICRA 4E.TASMT CORP lC*A 10/21 t0 it/3 01-I1.0-019-12 It.92 SP934. IIRI/N 19.95 IMIL CSII 40441 ASSN NOOKS/PESIODCL3 31-4240-OS9-l! 19.95 • � ... u• •..-CFS 329343 1IAl/al 1I.VA TOM Jl Caa4 RILEAGE 01-4181-174-11 t3.i4 .0 o. .. rCXI AN "f HI IL/It/a] 11.1s A a 4 4ENEAL2 UIIUTIES 01-4324-SIS-99 U9381 lWills 1050.00 R a 4 REMTALS Stoat REMT 7I-4132-515-94 L M.10 . ...... •..-CKS 3211111 11I21I05 31.44 KEAVEN22 )awe COU1P/:TS/ACCESS 01-41I/-129-51 It.44 "/H1 11/21/N1 1.4E FIND $*OCR VALVE UTILi SYS "%I WP It-41H-14v-91 329321 tt/2EIe1 I.I@ KING %OVER VALVE UTILI SYS RAT SUP I1-4214-S61-1R 4.5e • II/%I/a1 39.2E KILeO-R[U (M COIF/SCN001.2 01-43%-129-11 2S.24 we49R tl/Il/0 ".AK THE LACER PRT%"UBL e1-4332-"0-1t 3194014 11/11/41 22.10 THE LAKER rtite/Pwl 01-43.2-121-31 329404 11/a//e! 00.64 INS LAKIN ADVERTISING IT-4523_9I9-911 ' 144.14 1 � 194s CII, Of ORONO CMECS REGISTER 11-25•H PAGE 5 C NCCR MO. OIIC AYOUht VCYJ01 IICP DESCRIPTION 1C3.OUNi No. INV. A P.O. A MESSAGE 329035 11/2t/es I.T6 LOOISISUIfC 329 TEST MODEM Ji 0300-069-I5 329615 11/2/f15 116.26 LOGIS/SUIfC SIO LOOTS AUMIM-OCT 01-0352-461-15 329935 I1/21/AS 171.11 1OGISf SUIfC 320 DATA PROCESS-OCT 11-1353-061-IS 321015 41/21/85 0.62 LOOTS/SUIfC 311 TEST MODEM 12-1319-501-11 321.35 111211" 65.11 LOGISISJift 329 LO01S AUAIN-Ott 12-1352-549-11 321031 11/21/45 135.46 LOGIS/SUITE 320 DATA VKOCESS-OCI 12-9155-541-11 • 129035 11125/15 6.13 LOSIS/SYI/C 328 TEST MOOCH 13-0 S91-X 9-12 _. 52913% 11124/6, T1.S1 LOGIS/SUIIC 320 LOSES AGAIN-OCT Is- .152-569-92 321135 11129185 131.15 LOGIS/SJIfC S20 DATA PROCESS-OCI I1--.355-119-12 • 1.60.01 . ...... ....CKS • 521465 11/21/es I5.00 UNN LJN1-R SI KMr SUP 01-42))-309-02 ., I5.00 • .a..o ••.{R9 • ]M 060 11/21/65 $5.10 NARK it tilt WIPE PURCN /1-4412-s15-90 329460 1112119% 2.209..0 PARR VIE list BEER MUNCH 11-•MIS-]IS-91 329466 11/21/15 6S.20- MARK fit )1ST MOT ALT 11-4116-S1S-SO • $29660 11/2T/SS 50.00 "ARM its list RISC PURCH 11-06r6-)1S-lS - 2.103.20 • ...... ....... 329062 III"la, 300.11 NAATt4S 94NARRE 66 MAE Alto 01-A)A1-121-11 • 329412 Il/21/15 30.11 MARTINS NAVARRE 61 NMI AUTO T1-0Hb501-f1 329162 11/21/43 06.16 NAMIT%$ RAVARRE 66 wTfl .010 I3-0 )I1-f61-9r 321442 11,21195 142.05 PIRIIRS NAVARRE 66 MT ATO T-1f01-l11-1) • 563.15 . •.••.• •••-CAS • 321.r0 IWW63 tl A)1.0f RE143 WASTE CORIROL NWOC-OCC IS rY 1311-U G-01 11.531.43 f )N0x0 11/24/01 195.61 RTOWT3f ASPHALT St "I SOP OI-4P33-219-02 215.64 t.».•• •.•-CRS 3211e2 41/21145 IY.JO KILLER SAIIS CO )TORE SUPPLIES n-9131-515-11 275.94 . • sun 11/29f Is 11.01 0MPL3 0R9a1 CO PIE, "IV fWEv 32140S 11/2S/" e.00 NILS 6610 1 CO wmy KIN IWIP IS-•N1-a 9•H • rLa 1195 C111 Of ORONO CHIC. ",21SItN •1.l1-f5 PAIC 6 'NECK NO. LATE AMOUNT VC4003 ITER OE SCRIPTION ACCOUNT No. 1., ^.O. A MESSAGE V f. U1410 II/lT/0S rs l.Sr RINNCGeSC3 UTILITIES e1-1524-091-Ir PSS.S1 Its ...... ....CFS 321517 11 !21/RS 45.14 RPELRA-TWISIOL COMP/SCHOOLS 01-4156-129-31 V {5.09 .••.•• ....CRS SO 32f ON 11/2l/85 2.fLl.Df RUtTpN SA-T ST -AT SUP 61-0233-249-42 1,263.14 . V •u..• ....CRS r S210AR Ill`1105 73.68 NAVARRE HARDWARE 8116/0.03 NNI SUV tl-91 i1-019-U 329506 I11211✓ 0.r3 NAVARAC HARDWARE EDUV/PIS/ACESS 01-4232-129-31 ""Of 11/.Vf1 R.rb 04VARRE HARDWARE LOUTP/01�,.CCSi 01-t23P-1T1-)3 S11340 31/21081 26.46 NAVARRE HAROWARE 191: r/PI LACI SI 31-4232-249-02 I}931R 11/2./65 14.94 NAWARAL MA201141E [QUIP/PTS/4CCSS 01-0232-290-L1 321500 '1/e1/H 6.10 NAVARRE MAROWARL LWIP/PTO/ACCESS 12-4132-S09-fl W 529546 11/2110` 1/.16 NAVARRE HAROWAAE 1W0/P161 RC 13f 1S-1f 12-%9-lP 157.39 • .....• ....CAS N1S3e II/2t/CS .-.10 NELSON cRFERP41AES LID PUNCH P1-4210-SIS-919 AN 1193so 11/t5/t5 19.50 NELSON ENItOMiSE3 WINE PURIM 11-NII-51Y1\ 116.p6 •...•• .• •-Cf3 3f1N♦ 11121/8, 673.16 NIP IT LIVES ol-4S25-2{9-{1 !}Offs 11/21/0S 13.22 NIP UTILITIES r3-4324-169-12 140.16 AMN 11/21/0S 60.19 NpRT MVE\TER■ WELL TELEPHOBE 01-{SSYIr>-!1 AD 309114e AI/Patti II.Se NORT469STENO WELL TELIPNOTH e1-6321-204-02 lfHSe IIT" /\5 SI.L6 moat HARE IT E R■ BELL TELEPHONE 1/-4iPS-SIS-12 23~ 11/21/05 11.10 NOAT HYC STERN BELL "WRAP in Rf 11-0323-SIS-141 AD U9660 II/21/\5 21.00 NORTHWEST I.ON SILL TELEPHOM rt-{3I0-1{1-91 Sf\N66 I1I21/69 32.04 NNMWEJILAR 'ELL IELEPRONS IS-t Slh %t12 lee. rr . • ••it1 16 NOS06 11/112U 16.00 ORMO LINAR SAME Off SUPPLIES 11-4210-fi5-of 321106 11121/OS 1.16 "ROD LI0F3A SAME STORE SUP rl-aIO-SIf-L St1/N 11/21/SS 1.1$ at"* LI020t SINS SLOLO.DS 441 SOP 11-413L-SIY16 BEefN6 10111i OS 11.15 Ut MO 114J3. i1M1 POSTAGE r4 .l21-31f-11 I 1195 CITI OF ORONO f C NCCN 40. GAVE 129586 11/21/65 1195.1 11/21/a1 u9S11 11/2t/65 Si Hof 11/24/65 N9517 1:/21/91 u9517 11/21/45 119191 11/11/05 329S11 WHIST u9591 11/21/81 u9S17 11121145 11959r 11/21/41 229S91 1112t I41 u9011 11/2C/H 229s91 1 v2tn1 WITH I1/lvas u911, I1121135 129547 11/211" of 12951? IV21185 a299fa 11/11185 � •.uu Wool, n/lves • 511411 Itnvr, 521424 1 u2l/af 111614 1/2114I 199129 1 van1 12962• 1112ils5 129621 11/1114, u9601 u1Lla1 119616 E•111/65 129621 11121181 sit&" 11/24/01 u1426 11/211S1 CNCCO KGIS4LR AMOUNT VE900t IIER DCSCRIPTION 1.15 ORONO 11013N STONE RISC PURCK 01.52 11-25-SS P44E 1 ACCOUNT 90. INV. • P.O. 0 ACSSAGE 11-4 a20-SIS-90 69.01 PIRA FICA l.121 TO 11/1 01-N 11-019-I1 1.14 PERA 'ERA IW21 10 11/1 01••191-410-I1 1.66 PENA PENA 16121 TO 11/I 01-41.1-41W9-16 98.52 PENA PENA 10121 TO 111$ 01-4141-941-25 1.15 'ERA PERA I4121 10 111f OI-•UI-411-II 1.012.14 PENN 'f.4A 10121 10 11/3 01.414t-u1-11 4I.S4 PENA PENA 19121 to u/I 01-4141-Its-3t 109.40 PENT KRA 10121 10 1//1 61-4141-121-11 114.84 PENA 'ERA 16121 10 11/3 41-•141-126-31 111.41 PENA PENT 10/21 TO 1113 al-4141-174-11 214.26 'CRA PLEA 19/21 N 1111 K-•1i 1-i•9-41 50.26 PENA KEA 16121 TO ll/1 41-4141-214-61 1.11 PUA KRA 14121 TO itl3 41-4111-466-66 109.91 'ERA KRA 10/21 TO 11/1 TI-914i-SIS•96 /1.61 PIRA PEAS 1*/21 10 1./f 12-4141-149-91 166.64 PEY KRA 10121 t0 ll/f Is- 414/-%1-92 48.14 PENA PLRA 10121 TO 111, 96-4141-590-93 1. 9n.OU 9.14 'Ea, lot LIFE lot 11-N ]!-IttL 9.04 iso.s5 PIPE1 rot4nWP OIL.. All "UPC" 71-4620-513 96 159.5% 50•.14 PHOTO /ACID*! OF SUPPt ifs RI-4210-111-51 104.10 62.se PO4Nt4A GIST INC WINE PUNCH rt-•ut-vs-» 11111.65 'O44E44 DIST INC Kim PUNCH Tt-•nrua-s4 11T.40- 'GalEG& GIST INC sot Rn T1-4416-us-91 26.60 'OME/6 DIET ISC Nis Ptl4CK 7l-68re-SI5-10 1.00a.a5 6.61 PTnrl 60015 a, La' u-a:u-9a9-12 6.90 K1N" NOfa A: ,,.r 21-MO-VMI3 I a.ls Grs.00 P0'N19 .,if 4 AS1.0 LE..AL Rtf11R[E a-•1u-4ae-1A 1.2 0.a4 POONAN MAIN a ISser COURT AM 9/-9362-660-14 96.6e rl"AR 4614 4 Asset OtPI6 C"N T tl-9NY H4-U if.19 19MAR ..I1 L A16NC OTRER CONSULT 01-410E-940-n .... CEO •u�C,1{ ...-Gas ..._GAS I165 CIII Of ORONO CNLCR REGISTER 12-25-95 v•c[ R CHIC* NO. DATE ANOUMI #Eliot ITEM DESCRIPTION ACCOULI NO. IR+. I P.O. N MESSAGE r� 17161A 11111/$1 2,161.65 POPHAA rUtlt A ASSOC OTHER CONSULT 11-4305-402-00 11/21/95 2,%fi.3U POPHAM Halt A ASSOC OTHER CONSCl1 4%-15r3-.52-00 A.$LB. 1v . L ` 119661 II/ll/as 31.62 REED CANDY { TOBACCO CuNC RESALE T.-4802-5f0-91 31.90 S21601 11/21/85 3•850.15 SA-96 11C St Mal 51W 01-421"49-61 ` 3,850.55 . R9LYI 1IM/0% r.OS SATELLITE IND INC ILARI46 A" 01-5221-129-31 /.0f N.•.. •u-CMi .Rail$ 11/291" SS.00 STATE OF Vl OOPS CON[ISCNOOLS 91-4356-129-31 Ss.00 •N `- 1S9T31 11221IH 25.)S STEN649 19aaa1CN INC COMIC ALSACE T1-.002-310-13 25.30 .Nit$ R 915J 11121/$s 3l.46 SOSNOa■ AIR[ INC q*1 MIS[ [WIP 02-0342-111-42 32.96 as 11AR It171/al 1l Ul TOLL Cl SI MI SUP 01-.295-241-42 12.0. R/i 1{ llRl/O LH 14"It 2111 CO ER U $Ol $ 11-Yl3-1$ Rglt 11 RlIH .N- OC Il .1M 16-SIS-90 1.IU ...... y1T 19 II/21/I5 l•IA.l6 I•KI 011 :0 IASKINE $l-1fN-a01-9$ N$IH 11/JI/M A$ 1R •r+ 01L CO 'DELSI IILUSES a1-11PO-169-41 1191M lI/K/11 A6.. to t.ACf •II CO "IM$ I4-112$-SS*-as 321101 It/lf/as $1.00 TSMS,SR PIIIA Alit WREN 11-4428- 111-19 $1.90 .•..•• .....Sa$ 1145 CITT Of ORONO CHECK REGISTER II-25-65 PAGE I i • C M[C• Y0. Oaf AMO•iNl Yl. IJ01 ITIM Of YC RI PTION ACCOUNT N0. IXY• L P.O. A N[43AGC • 1 32141A 11/21/R• 35.41 YALOOR IUI• MNT LINES43 x3-4311-361-92 Is.al • 1 uru• •.•-CKf 329031 11/21285 42.00 YARNIN6 LITES INC EQUIP RENTAL 01-633t-149-02 1 62.09 •-CRY 3t/0a1 11/21/4S 44.40 WHITE ICAt AN/NAL CO ANIMAL CARE GI-1 »0-Ib3- A • 3I0064 111n,61 235.46 WHITE ICAI ANIMAL CO ARIRAL PATROL 01-4361-145-35 14 i N.26 •....• ....im ">] N 3t10N llR\203 115.15 YIONER IA35 RNI OLOG/GROAT 01-4343-290-61 315.)5 .....• ....tNN • 329900 II/P/bb I.OL.AO A t G iAV"S NNE bI DG/aRJ4 OI -ISI Y-r1M{1 i.Du.Na . • 311Y01 II/21/AS 0.0 EYE AARI aC2cN GC TEN 69I3 el-2Y0.000-00 4n.n0 . • .f ]t 95e> I1t21/4S 4'.9• AGPMCR \IiY CO :1 NNf SUP 01-123l-249-•2 • 311903 Il/21 /63 25.60 NIKA 1PORIiN[1 INC KMUIMIP 01-41R0-Itt II 25.64 • Y t901 11 /x1201 196.09 Y Y LA iLR3 M J4/PROS NMT 4oP 74-4231-190-91 N{.69p • MITTS I1I21/05 IS4.30 NORTHERN ]0.Y(Rf fT MIT SUP0v-6t33-l19-9r 114.200e . • »9H♦ ILtl/Ie 10.00 PAVLf LAW" UVII A[YTY 61-13\1-111-33 10.00 • 31990r Soil/IS NL C4A C0NlI aCM0010 11.00 L00 . • ])M» 11/rl toe 196.66 N lw OI CN COMIIC IMI 00I01 I ![AIKIf ii-a210-513-f0 196.60 • u1Y3e 11/2l269 .0.00 IAA[\ P N.tYL• Y[NNII 11I Ol•)»I-1a1-N 16.60 • T. 0 HE 11/2120 I0..25 OY4110 YI NY Y\N[ IYNCN II-61t)-e11-10 NAyr 196S CIIf OF MONO C.EC. no. tall 4`10441 Her 34 T1/11: " 1.14- 141. 61 Ktl St 11111161 4TV. IS K/I)s I\In Iss 9.5/- 141.66 MC1110 IStrip Is 3".I1 OCIS3$ IL11pes {.SI- 11619 . 01:1157 II ItV" 15.10 TI.so C Ht C4 P14l :IJ Vf Moot ITEM Otic NiPT/ON OUALITI MINE VINE UISC to PN/LLI•I MINE "ACN . PMIIt I-S MINI. DISC SO PNILLI-S wide PUNCw t0 PNILLI'S vcOC Disc 101 LIVER A"[NTIST" KrSs, t1.:V0t :.mSQ.00 MI CUNST SEMENINATEM Coil 2.150.91 1 KR41 111111s5 60.!s t0 PNILLI•S wtw "men Kr 141 /I/III" 1.01- to P41"1.f MINE Disc 1*.sf . KIS41 IIIn is, IF1.00 CITIES eOcl El oul fD PIMII tout KISOS 110,211" &".So CNSIS eLLLfS off MO -tool: ISV KIN) little" ff.il CMI$ "Llts AFFORD PERMIT so., 1)/.I$ at's44 III"/0l 14I. 40 INICACONI. P40 f1NS Poll. m i"4 1111410S $.to- lofceclot. PCs wife olio IS4.t4 . KHa•, 11121001 416.10 anl"$ Coll -to LH PURCN M rs.1 11/211" s.41- Mips L00014 LIf DISC 4sl.to nptS46 llltslh /14.4s W tff wide NICE PNOCN MC1144 limp" e.ss- MALIIP 111'K NIIR site mesa& 11 In00% %.*A- "At "a *to Disc )s1.of Pepsi, "Iola, 113.17 ■1 lkitaki is COOT Is FICA Iplll TO III$ Wf"1 ftI"/" S.11 of Islas as con re -sea Wll Is It/l 091141 111111" 0.41 1t false to CM ♦A FICA Skills Is kill ders4f 1ltrip" I461.4s if fe/{O is cM of Ole& *slit /t lips KILN Isllllal I1.12 $1 let" of Cliff 10 FICA 10/21 to c111 WE 114, 1Ilrel" 641.141 IT two$ Is cost To FICA 18/01 to I1Il YLIS.r n1A14h tlf.14 At feces is CM* 11 FICA IHst to Il/S .E n•r I11111M 114.41 of force If eM ID Fit& 10/l/ to II/1 n111.• llNirM a.21 at 1040 14 LMt TO FICA it'll Is I'll K II.I IIIA14- 1.11 21 lot" SA Coot Ia 11C. $Ott to 11/1 It-21-65 past 10 , ACCOUNT ". INV. a P.Q. a nESSAQE IL-0811-SIS-41 KAWJAL 11-N11-%• it IANUµ J N\NULL rl-4N1-)1Y10 Raw" it-4213-SIl-90 MANUAL J II-q!)-STY •0 .AITU L ...-CAf � 0Y"ll-U1-" Nawlµ • ...-CNf ftAVUSt It -.At I -"Ili - Ill -ANUtL J •••-CFS kit-1111-400-01) wANUµ 01.1S01-408-11 PANUAL 01-30I1-000-64 .AMUµ 11-0"tPile+0 .aNWt 11-aura,. 7! NINUIL 40 Il-HIFas-1l Ln11Y � ll-HI I-t1Y11 .a.ULL I I-4011•-sts- 40 1a W aL 71-4011-a1-90 waNUK II-4021-kice-96 Wooµ � 01-4141-0e1-Is "WAL "-4151-"rll -AWK as- 010MkisS-14 wAw ft "-416}-Oki is N."a 0)-41Y•010.11 "wat Jy "saa-TINS) VWµ 01"-a 141-114-11 n4NMN 42 H-0141_tlhN µ � i 1945 CTTI Of 04040 Z CC +00. UATE HC15.7 11121I6S 04C1S41 11/Pl/AS «_1i46r 11/21/0 N:75.7 11171/"1 A•IuYT •e.t� Ts..•T T9.l;I I.StiS.i2 • SS„r9. /6 2.•T3.•+ •a. is 1s.5s2.aa 1 r,Aao. �t 12,11G.G1 125.l1 BS.114.96 CMCCK 4E6ISTER of-s"t ITIEN a1SC+1IP1I" Si IRE&$ SS TORT Fl FICA 19f'1 TO 11/1 sT TREas 1s C "I FO FICA 10/21 TO 11/1 st IAEAS ss r"t FO FICA 10/21 to 11/3 SIT IREAS is CMT FD FT_A 10/11 TO 11/3 F;;al 01 TOTAL rJRI 41 TOTAL 90*0 ♦• TOTAL •VV3 45 TOTAL JXD 71 TO:AL + !10 17 TOTAL CJ+1') 15 TOTAL rJR7 74 TOTAL T O M- St-!S�Id ►"I 1T AtCet/MT Noi. 1RRTt• A P.@. • OESS4.4 T'?-•162 569- ii tia•RtiL T )- • l • 2 - >AA 9- 9? M1ritAi T • - • 1 •tom 49l-1 ! 6t w T1 aL F ulle Pioll IMPROTttRCAO.YiNG F 1942 !J*tc ASS1 SSW017 Fitts 1941% SP(C' ASSESSWIST Fttf+ L1S"OR D"•aTiNG 'row WATER 9r IW I Ni F NIH SIMEN tWt RATING FWM GOLF :O,;z .;t WERAT INTi PO ...-Czj PUBLTC ATTENDANCE CITY OF ORONO C, c1cknc,I / MEETING DATE II -d, - I?_I PLEASE FILL OUT THE INFORMj,TION REQUESTED BELOW FOR OUR CITY RECORDS. NAM1E OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE'j— CrZ.�;�tic�-�.. PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) OJT ✓ r C v LLli`d�fc sC t` NAT -Y i f" +9lttiti� ct�` Z l3. l�. lS. 1 -1 L9. 20. ot . f'Mill, wt its JdOV 2 51985 t It OF taken CONFIDENTIAL hACKGROUND 11POR ATION FOR EXECUTIVE SESSION f OPHAM, HAIK, SCHNOBRICH. KAUFMAN & DOTY. LTD. OCT 2 8 1985 MEMORANDUM CITY OF C1; TO: Mark Bernhardson FROM: Kathleen A. Blatz DATE: October 24, 1985 RE;: Concurrent Detachment and Annexation of Incorporated Land Prior to the 1965 legislative session, there were two metnods by which incorporated property could be detached from a municipality and annexed to another municipality: 1. The two affected municipalities had to submit resolutions to the Municipal Board which stated their desire to detach and annex the land; or 2. The Municipal Board could initiate proceedings for detachment and annexation of portions of one municipality completely surrounded by another municipality on its own motion or upon the petition of all of the owners of the property in the completely surroundt'd area. During the .1965 session, the Concurrent Detachn«nt and Annexation of Inc_orp.ratnd Land Statute, S414.061, was ended to include a new subdivision which provides for a third ave.iue to detach and annex incorporated property. Subd ';. Property Owner Initiation. Property owners may initiate proceedings for the concurrent detachment of their property from one municipality and its annexation to an adjacent municipality bl a petition signed by all of them. The board shall conduct hearings and issue its order as in the case of consolidations of two or more municipalities under sections 414.141; subdivisions 3 and 5 and 414.09. Minn. Stat. S414.041, Subd. 5, sets forth the factors that the Municipal Board must consider in arriving at its decision. The factors are as follows: a) Present population, past population growth and projected population of the included municipalities; h) Quantity of land within the included municipalities; and natural terrain including general topography, major watersheds, soil conditions, and such natural features as rivers, lakes and major bluffs; c) Degree of contiguity of ..he boundaries between the included municipalities; d) Analysis of whether present planning and physical development in the included municipalities indicates that the consolidation of these municipalities will benefit planning and land use patterns in the area; the present transportation network and potential transportation issues, including proposed highway development; e) Analysis of whether consolidation of the included municipalities is consistent with comprehensive plans for the area; f) Analysis of whether governmental services now available in the included municipalities can be more effectively or more economically provided by consolidation; q) Analysis of whether there are eyisting or potential environmental problems and whether municipal consolidation will help improve such conditions; h) Analysis of tax and governmental aid issues involved in the r.onsolidation of the included municipalities; i) Analysis of the effect of consolidation on area school districts; and j) Analysis of the applicability of the state building code. Minn. Stat. S414.09 sets forth the uniform procedures of the Board. In Addition to establishing the notice and publication requirements, this section requires the Board to hold a hearing within 30 to 120 day:5 after the receipt of a petition from property owners. Minn. Stat. S414.041, Subd. 3, addresses the duties of an appointed commission set up to study the possibility of consolidating two municipalities. According to Pat Lundquist of the Municipal Board, the reference to subd. 3, of S414.041, is a technical mistake and will be deleted next session. KAB:jk 3579e -3- MINUTES OF THE MEETING OF THE SCHO('_ BOARD OF ORONO INDEPENDENT SCHOOL DISTRICI NO. 278 HELD ON OCTOBER 28, 1985 The regular meeting of the School Board of Orono Independent School District No. 278 was held on Monday, October 28, 1985. Present: dare McKown James Franklin James Seiter Kitty Crosby Lucie Taylor Willix-m Fenholt Absent: Don Anderson Bill Levering UPON MOTION by Lucie Taylor, seconded by Kitty Crosby, the minutes of the October 14, 1985 regular meeting were approved as presented. Jim Seiter remanded t'',,e Board members thatverve on the Teachev Meet 6 Confer ccmmittee of the next aeeting which will be held on November 6 at 4:00 p m. Jim Seiter provided fu-tter explanati-n on the Board Policy Manuals which the 3oard has received. 'Av. Seiter askeo that the Board review the manuals and discussion/acceptance of, the manun's will be on the November 11. 1985 agenda. Jim Seiter extended an invitatio+ ) the Board to attend a presentation by Folz and Associates Curriculum Specia. its on November 12 at 10:00 a.m. in his office. jim Seiter expressed appreciation to Warren Nelson and Pat Headley for their coordination of Orono's exhibits/demonstrations at the AMSD dinner held on Jctober 23, 1985. Mr. Seiter also expressed appreciation to the following stu- dents for their representation of Orono Schools: Wyatt, Crane, Kim Crosby, John Miller, Shannon Mikkelson, Sara Veilleux and Greer Vogt. Mr. Seiter stated that the art work on display was done by Rebecca Smith. The Board requested that a copy of these minutes be sent to each student in recognition of their contri5ution. Jim Franklin stated that he is serving, through AMSO, on the task ferro on post secondary options. The task force will be looking at this from overall perspective and make improvements as possible. Mr. Franklin sta, hat any ideas/thouhts the Board members might have should be conveyed to h; s soon as possible. UPON NOTION by Kitty Crosby, seconded by Jim Franklin, the consent agenda was approved as follows: 1) Approved Marc Ravnholdt's request to continue attendance at Wayzata High School. 2) Apprcv!�d the wording for the Superintendent compensation package for the brochure. The Board had previously received the Comparable Worth Final Report. Bill Fenholt stated, that upon acceptance by the Board a: tonight's meeting, this report will be filed wi-, the Minnesota Department of Employee Relations. Mr. Fenholt provided the Boa,,a with a brief overview of the process and an explana- tion of the results. Bill Fenholt responded to Questions from the Board. UPON MOTION by Kitty Crosby, seconded by Lucie Taylor, the proposed Comparable Worth Study was accepted by the Board. The Board commended Bill Fenholt and the Comparable Worth committee for the amount of work and the excellence ,of the report. Jim Seite, reported to the Board that there is cracking of the second applica- tion of insulation to the west wall of the high school. Corrective procedures will take place next spring as the noise level is too disruptive when school is in session. UPON MGTION by Kitty Crosby, seconded by Jim Franklin, approval was granted to extend the early childhood handicapped program froa, one half to ful3 time. Bill Fenholt informed the Board that Jeff Walton, Mayo~ of Maple Plain, had con- tacted him regarding the intent of the Orono School Board to cooperate with Maple Plain in the joint development of its land for recreational purposes. The Board's contribution would be considered a reimbursement to Maple Plain for the labor and materials provided by the community in the development of recreational facilities on the school grounds, Kitty Crosby and Jim Franklin will represent the Board for any discussions with Maple Plain in this regard and will report back to the Board. UPON MOTION by Kitty Crosby, seconded by Lucie Taylor, the bills as covered by vouchers Oa9369 through 049431 and 049073 through 049160 were approved as presented. UPON MOTION by Jim Franklin, seconded by Lucie Taylor, the meeting was adjourned. Ka h t ine P. rosby, Clerk Approved: 1 ave McKown, thairman t'tewdaat David A. Rare , ow'l Pr IS" (laempaip, Cabinet D. `Aa'I )..h. t trot Rank % -,r•,,. h- UOAara P. Ached tic,rrY,fr vnrl hrrea, 1,• 11,tau+- c �ann•.unM allo,.� Walrr 4L Barnr. Ja. k emnl Mt11N �nr ate► a v ar "M CnraM Veto 1Mrtrrraa AdMaom I'll, MINOR L 111110106 it. 7 hr 11r,,rdrnlra4 hawarre C,rnpam d .k"W" wtar addle Mprr Ja9nr A lfrq>.oai InunwrerrA sa..ni u 41eaWr M1, wo" 7iaaanr, -NAM t L."W= Al Jahm— 1 orW naY Wa Aadta a.a lntrnv,fre,al M,Jlfkrr<Ia C'ar4,rxnlNxt 91% ri.,.,a W 'irrva r+ In Jaraa ■. Rlaraa. 0 Nararul , o, N"A at MrmwyrYl- Mmou t IN. Jamaa Anr%*l: Kral ( Mead M,n,rr{x,lra Area ( -kWArr N-M J. J"Waaaa NMgrr Adw, n.n„ I t uMµutM- e. wad JaOeYr WIH— LrarnMa (,+rp,xatf.r: Jaraa a Raaaaa !Y.rlthara,rn, !WI mob=t V. Lrtla .harm. tnr vymitleopa war (.:Qum" DO arad 14.xquMa Nor► Mtrnr rl,.d i. \:1 r96M 11 Mae wwaa a, ewrwar kR,trrw AIr11,xr IiN Rtird W. aabaare rim[ Hank %~11 fir, one" tar. Dam— H,daon C arpuml- , cwr a toads Lutheran HrdllrAraral ftd a wawa.. 411.D. VaivetaltY el abnnr atAo 1hr ra+4umlfrr Cr•,nr.u„ 4(secrrttre Dtreete,r .Tarr. c ca.tD. ( ampaltn Director rRGYr^ R M—lla IOUT 3 0 1 i Cl. OF O.g0fj,7)_� October 25, 1985 Mark Bernhardson Administrator City of Orono PO Box 66 Crystal Bay, Nc 55323 Dear Mr. Ber oardson: United way 404 ti.nrth t:1Rh1h titrrn Mlnruap,lla. M1ntrelu1.A 55404 14rorr b l l :440 74(Y1 Thank you f participating in the 1985 United Way campaign. You and yot employees have joined with thousands of firms, organizatiot3, and individuals to help achieve our goal of $31,765,000 to fund 370 programs provided by 103 health and human care t.gencies. Your employee campaign raised $625.00, an increase of 1,2891, over last year. Winton Burmaster did a super job and really enjoyed working with nine. Once again, thank you for your generous support of the United Way. The City of Orono has p';1yed an important part in proving that in our community, love does make the differ- ence --the United Way. Sincerely, i Jeanne M. Keller United Way loaned Executive Twin City federal Savings & Loan JMK:pfd Thanks to you - It works for all of us Lake A irmetorika Cagle Cor>irrnarricatioris Commission 443 OAKS I REET • EXCELSIOR. MIN NL-SOTA 55331 • 1617) 474 5539 NOV 1 d 19'5 Ur 1toNo TO: Lake Minnetonka Cable Communications Commission Members FROM: Holly Hansen, Administrator DATE: November 13, 1935 RE: UPCOMING COfi1MISSION ttEETING The next meeting of the Lake Minnetonka Cable Communications Commission wiil be held at 7:00 p.m. on Tjes&y, "lovember 19th at the Excelsior City Council Chambers. Please note that this is a meeting of the full commission. If you are unable to attend, please contact your altern:ie representative. If both you and your alternate are unavailable for the meeting, please contact me by 2:00 p.m. on Monday, November 18th at 474-5539. If we are unable to reach a quorum, I will contact your City Manager by 2:00 p.m. Tuesday to inform them that the meeting has beer cancelled. You may also call me on Tuesday r.Pternoon to verify the status of the meeting. I look forward -L- meeting all of you and hearing your ideas. If you have any questions or concerns, please feel free to contact me. Yours truly, Holly Hansen Administrator C LAKE MINNETON0 CABLE CO'IMUNICATIONS 'MEETING,* Tuesday, November 19, 1985 7:00 p.m. Excelsior City Council Chamber; 339 Third Street Excelsior, Mti I. CALL TO ORDER II. APPROVAL OF MINUTES IIII. REPORTS A. Officers B. Administrator 1. Studio update 2. Activity repot C. Legal Counsel D. Dow -Sat I. Rate increase 2. New billing system IV. LOCAL ACCESS A. Committees B. Promotion C. Nonprofit Access Corporation V. OLD BUSINESS VI. NEW BUSINESS A. Open House B. Video Classes for LMCCC Members VII. ADJOURN * This a vesting of the full Commission. LAKL 111;uiLTCi4.A CABLE CONMUN I CAT IONS C ",MISSION October 23, 1935 7:00 p.m. Lxcelsior City Pill I. CALL TO ORDER The meeting was cailr.!d to order at approximately 7:00 p.m. by Chair Olds. Directors Present Jim Olds, Chair Dennis Haggerty, Vice Cha Andrea Basett, Secretary Bob Gagne Robin. Huseth AntiioOy Pini I1. APPROVAL JF MINUTES Others Present Mark Ayotte, O'Connor & .lannan Holly Hansen, LMCCC Administrator Kirk McDonald, Tcnka Bay City Manager Mary Smith, Dow -Sat Minutes of 9/17/35 Executive Committee meeting presented for approval. Hark Ayotte noted a correction should be made to reflect that commission members are not compensated for travel expenses but may be reimbursed. Motion 10.2j.85.1 Ma tion to approve 9/17/05 minutes by Gagne, seconded by Haggerty.Vote: UnTnimcis. :I1. REPORTS A. Officers Chair Olds reseried his report until later; no reports from other officers. B. :Administrator liansen reported the current checktook balance as being $3,763.33 and pre- sented bills for payment for stationery, postage, office supplies &conferences totaling $893.24. Motion 10.23.85.2 Motion to pay the presented bills by Haggerty, seconded by Ga n.�. o,,.e: Unanimous. Hansen proposed the LMC.' subscribe to two weekly publications to keep in- formed of events in the cable industry- CableVision and Multichannel News. Motion 10.23.bi.3 Motion to subscribe to CableVision and Multichannel News made Tiy-agne, seconded by Hoseth. Vote: Unanimous. Hansen reported that the audio needs for the Excelsior studio were almost complete and that a character generator had been ordered. She would be working witic Mary Smith to coordinate plans omplete other s.:udio needs. The Excelsior studio had begun offering free month q mini courses in field prod: `ion and editing. A more in-depth Production I course will be offered beginning in +uary thrAugh Community Education which will be advertised in all LMCCC corwun'tties. .' . also actively looking for interns to assist in the studio beginnin5 in January ex- change for college credit. Hansen said she had teen working an average of 26 hours per week since be- ginning her job in August and that it was difficult for tier to get the job done in 2U hours per week. The budget allocated for the Administrator in 1935 would allow her to be paid for 26 hours per week fron 10/1/35 - 12/31/35 without exceed- ing the approved budget. The matter was discussed by members present. Motion 10.23.35.4 Motion to fund additional hours for the administrator on a start-up basis �wIthTn the limit-, of the 1985 budget made by Gagne, seconded by laggerty. Vote: Unanimous. -1- Hansen questioned if the mailing list she had for the LiiCCC was accurate and requested that Conrnission members give any correction, to her, C. Legal Counsel Ayotte said the ACC is proposing to delete existing rules relater,,, to tech- nical standards and to pre-empt local regulatory authorities from requiring them. This is based on the new Federal Cable Act and FCC policy of letting the market- place control the quality of the signal. This would apply to all technical stan- dards except for signal leakage. MACTA has filed comments with FCC Commissioners opposing this action, the NLC and major metropolitan areas have filed formal comments in the proceeding which is on the FCC docket for 10/31/85. Mary Smith said she did not ;`,arsee this as a problem as Dow -Sat tests the Lake Minnetonka system on a regular basis. Ayotte said he would Keep the LMCCC info nr;ed of the FCC situation. D. Dow -Sat Revenues Tr October to -date were $70,865.51. not including nor -paid discon- nects which are performed the last week of the month anJ affect revenues. Current penetration is at 35%, Pay -to -basic is at about 904, both of these figures being lower than Dow -Sat had anticipated. Mary Smith mentioned their marketing plans for Fall to try to improve these figures. She also gave a report on Dow-Sat`5 efforts over the past year it local access workshops, equipment usage and programming E. Conferences Chair M ds discussed the NATOA Conference and that he had gained a better understanding of how cable commissions oper-ire through attending the conference. He recommended that cununittees be set up within the full commission to yet involved with governmental, educational and public access arid that a long-range plan be developed. Hansen said it had been beneficial for her to attend both the NATOA and NFLCP Conferences and that she had gained a better understanding of tier job and had developed ideas on how to promote loc ' access in the community. IV. OLD BUSINESS A. Insurances Policy Ayotte said put,lic officials liability insurance for the LMCCC is unavailable for the remainder of this year but he is trying to get groundwork laid so that the L14CCC might be in a position to have an underwriter secure insurance around the first. of the year. He has also contacted the League of itinnesota Cities Insurance Trust and hoped to hear from them within the next few weeks. He mentioned that it would be a good idea for authorized check signers to be bonded and it was agreed that this would be a good idea as the LMCCC was becoming more active ­d waiting more checks. H. Franchise Pre -Payment Request Hansen reported she had� projected LMCCC operating expen: _ _,rough 12/31/35 and had met with Mark Ayotte to determine the amount of a pre -payment needed from Dow -Sat to meet these anticipated expenses. She recommended that the Co►rn►ission request an immediate advance of $5000 from Dow -Sat with the right to request an additional $5000 in December if necessary. Any pre -payment received would be paid back to Dow -Set upon receipt of the Franchise Fee payment. Chair Olds noted that even if the LMCCC had to request $10,000, this figure was less than the pro- jected deficit of $16,800 for 1935. Motion 10.23.85.5 Motion by Gagne to request an immediate $5000 advance from w- at reserving the right to request an additional $5000 if necessary, seconded by Hoseth. Vote: Unanimous. C. Commission 14eetinq Attendance Ways onvoTv-1n(j Convniss on mem ers were discussed, including settinq up commi[tees, video workshops for Commission members, and open houses when the Excelsior studio is completed. Also mentioned was that cities could be notified if their representatives failed to attend LMCCC meetings on a regular basis. -2- a D. Local Access Promotion Pre lim3naryTdeas on promoting public access and non-profit access corporations were discussed. It was decided that it would be best to put this item on the Agenda for the tull LHLCC meeting in November tc get more input. V. NLW BUSINESS Chair Olds brought up the future possibility of trying to attract Mound and Wayzata into the jurisdiction of the LMCCC Administrative group or joining t _ LMCCC as a member.once the LMCCC was more active and had something to show them. Chanhassen and Maple Plain were also discussed as possibilities for the future. Kirk McDonald, City Manager of Tonka Bay was introduced. Ile had beeii involved in Mankato with public access , was interested in the LMCCC and said he was willing to serve on a committee and help get public access off the ground here. Gagne brought up complaints over the Dow -Sat coupon billing system. It was agreed upon to write Uow-Sat to inform them of the complaints the LMCCC had re- ceived from its constituents. VI. ADJOURN Motion 10.23.85.6 Motion by Hoseth to adjourn the meeting, seconded by Gagne.Vote: non mous. Meeting adjourned at 9:20 p.m. INTEROFFICE MEMO 85-158 DATE: November 20, 1985 TO: Officer Irving (Chip) Ens. ish FP" Chief Mel Kilbo SUBJi- Letter of Appreciation I wish to acknowle�2ge the fine work you did on October 23, 1985 in spotting Wayzata's stolen car on Highway 12. I know you were monitoring the call Minnetonka Police received regarding the stolen car beinc observed at Lindberg High in Hopkins. Your alertness and professional demeanor in broadcasting your observation of the car at Ridgedale Drive and Highway 12 was instrumental in the ultimate recovery. Thank you. DAV :; A BE (612) 473-4333 WKfZATA POLICE DEPARTMENT 600 RICE STREET WAYZATA, MINNESOTA 55391 October 29, 1985 Chief Mel Kilbo Orono Police Department P.O. Box 86 Crystal Bay, MN 55323 Dear Chief Kilbo, Officer Irving English was instrumental in the recovery of a Wayzata stolen car on Oct0er 23rd and I wanted you to know about the alert job that he did. At approximately 9:00 am Officer English was on Highway 12 near Ridgedale when he spotted the stolen Jaguar car valued at $27,000. He promptly alerted the dispatcher and other police units in the area who subsequently arrested two male juveniles who were operating the stolen car. Officer English is to be commended for his alert and prompt action. Not only was this case resolved but an earlier auto theft as well. The assistance we receive from you and your agency is always appreciated and particularly so in this case. Please pa�s our thanks along to Officer English. Sincerely, 4^a 't44. "� David A. Brehm Chief of Police Wayzata Police Department DB:vm:wp INTEFOFF7CE MEMO 85-159 DATE: November 20, 1985 TO: Officer Steve Pearson "Officer Friendly" FROM: Chief Mel. Kilbo SUBJECT: Letter of Appreciation I wish to comment or. Officet Frierd? v Program Phase I yc,u completed in November. As usual, you put on an excellant program and I know you have lots of preparation you do not get recognition for. I had occasion to meet with about ten parents recently on other matters and several family's took the occasion to thank the department and you by s=•ling this prograrr is by far the best thing the department does in public relations. My personal thanks to you and the fine job you are doing. Offoicei a l-'riell(Ily PrC)g►�am ff iL • ai..._s X. _ . .a a3rt 'af�i .. : a ...... +rim '. � ....oy►� r r:. _.. a!^. �. ! ..+ . :. du► :..�. ifid,•i,_ _±.Ms6 Date: Noverber 3, 1985 To: Chief Mel Kilbo From: Officer Steve Pearson Subject: Officer Friendly Program - Phase 1 Phase I of the Officer Friendly Program, was conducted during the first week of October at Schumann Elementary School. There are several new stu- dents at the school, and as a result, 2-5 new students per cl ass room. Grades K-4 were visited including approx. six pre-school special education students. As is routine for the first visit, grades K.-2 received a brief orien- tation of the Cfficer Friendly Program, the officer's equiprient, and the police officer's job responsibilities and duties. In addition, halloween safety, personal safety, and telephone use/abuse were discussed. Several handouts were civen to each sturent. These included: halloween safety tips sheet, name, address, phone number coloring sheet, Officer Friendly badges, reflect -, stickers for halloween (provided by Honeywell), and a booklet provided by Northwestern Bell on Proper use of the telephone. Grades 3-4 were also given the same handouts as the other grades were except the colcring pages. For the first time I brought the department's drug display kit to the school. I discussed many aspects of illegal drugs including, why certain drugs are illegal, why people make, sell, ar.d use "legal drukis , what makes a person decide to try illegal druc s , and what the ..egal drugs look like. The "drug use and abuse" topic is too larce and too complicated for one individual to cover in � hour. However, I think by bringing the drug kit into the school and developing some questions and positive ideas in the kids rinds the brief program was successful. Mrs. Sonrart attended one of the fourth grade classes where I displayed the drugs. Trying to schedule and complete the Officer Friendly Pro' rar, this fall w.is not easy consitering my schedule, the department's schedule. and the school's sche+dirle, but the program went. on, and I think it was worth while. pa .�, t. � ,n r a -4 c!'!C'-!'% a, T%@ S!!,% n_e- . 6. icy✓+1lt.r. 0".,e, r.,e.^CP, pN !Ts a'! *• ,^s. MD •.+�,e..,� �., ,0: 4' .A'! (#'",t.'t'.r;• in:J MI ' YK•f :' .! D: ! Y`A ^' ►tN-~ 1t� ♦ 1^•!: ,! .. .,,...,�I 1nf •,{, y r INTEROFFICE MEMO 85-160 "SATE: Nover r 20, 1985 TO: Officer Kurt Erickson FROM: Chief Mel Kilbo SUBJECT: Letter of Appreciation I wish to continent on the numerous compliments the department has received on your work performance. O October 10, 1985, I received a call from Mrs. Neddy Cronstrom- 998 Wi ldhurst , who wanted me to relay her thanks for the way in which you handled her husbands medical and death. (85-5906) On or about November 7, 1985, I received y call from Sonja Gravenstein complimenting you on our professional handling of a motor vehicle acc:de:it in -which her children were involved in. She stated the kids were impressed and appreciated your help. (85-6011) On November 12, 1985, 1 received a letter from Mr. Tracy Frazee, Supt. of Schools, Brooten, MN, who complimented your invemtigation of a motor vehicle accident on Hwy. 12 and Cty. Rd. 6. He states, "the people of Orono are very fortunate to have a your.(: man of his ability, character, and dedicatio►l to law enforcement." I agree with Mr. Frazee. Thank you. UHUNU F'ULiLt ULVAH 1 MLN I MESS. K Y CONTROL NUMBER IOCA) CONT. AGENCY NCIC IOENT !CAG) DATE.ITIME REPOPT MADE E C / l —0, � M N 0 2 7 / LAY: S M T W T L N!R r �DATE REPORTED IRPDI T)IIMF RPD ITRP) LOCATION GRID NOR 11GN1 PLACE COMMITTED IPLCI L NOR HRD SQUAD OR BADGE # (SON) TIME A$IG. (T AS) TIME ARR. (TAR) TIME CLR. 1TCL) pFV �R A���ggglc)NED A$$IiT D aY NeR 1 N U1EI UCS C b, / 7 Ile �FlNii�] OR INITIAL COM►L----] AINT — OTHER PRINCIPAL. COMPLAINT QOFFENDER 0 VICTIM 0 O.O.B BUSINESS ADOREU �— HO E ADDRESS HAD Coda — Phone R — Radio A — Alarm 1 — In Pom V — V i/uN M — Mad T — Othat DUSINaa$ ►HcNe OTHER REPORTS INCLUDED Impowno Q ►roo Ir,~tery ❑ I,.,plied Coneent ❑ Acc,dent Report ❑ Tar ❑ Inliuence Report ❑ Phofw ❑ REPORTING PER$ON❑OFFENDERQVICTIM❑ 1 00.0. BUSINESS ADDRESS "INEsePHOasf SEE CASE FILE Warn III Release I TI Dept. Assist dwead Citatior. Issued HOME ADDRESS — ROLLCALL ' Messa¢ Deliver Treated i Tr&uportid Detail Completed G.O.A. �j _5- �.�c.aA►i�-arm_-�Jt�..._5_... a__1q.__��i�r�+ l eft 00Y TO Gra ATTNY Q CITY ATT14Y. ❑ C"T ❑ CHIEF D OTHER a:aver. D15PUS1 (jnf d lesrod bT arrest Ref athe• aVM'f ! active 00W OEFN SUEef RVISOfI`S SIGNATURE BROOTEN PUBLIC SC' !OOLS INDEPENDENT SCHOOL DISTRICT 737 BROOTEN, MN 56316 TERRY W. FRAZEE, SUPT. (612) 346-2244 BOARD OFEDUCATION: CATIOti: Robert M. Schaefer, H.S. Principal 340 2<44 Harold Jacobson. Chairperson Robert Bogart, E iem. Principal Alvan Halls, Vice Chairperex.n 346 2278 Robert Fernrite. Clerk Jo4Yin Lintel, Office Manager Martin Gjerde, Treasurer 346-2244 Justen Paulson. Director D-we Frykinan, Counselor Nancy Swanson. Director 12 N o v e m L a it 85 346 2244 Joaen, F •d, t,.mm Ed. Diree" 34b-227B Chie6 Met Kitbo Chie6 06 Police - Orono P. 0. Box 86 Ctyatat Bay, Minnesota 55323 Veit Chie.6 Kitbo : On Sunday ever,nq, 10 Novemte4 85, my wi6e and I werte on ou-1 way hone 0 om Minne.apotis and at 1720 P. M. at the intelaeetion 06 US Hwy 12 and 4ginepin Counto Road 6, we wete involved i.n an automobite accident. I with to paaise the investigating c6i_ice4, number 516, who wclked with ut dining the investigation o6 the acciden. Fhom the in6otmatior wh,ch I xeee•�.ved, that gentlemans name is Kunt EptickAon. In the wuKking Retationehip w<th Police vb6ieek CMiekson, we bound him to be ver y .ntetligent, v.e who wuaks thptough hia communicative, and public Ptetat.iont. En.ickaon is a vr knowledgeable peYtson who could i.denti jy the. pKobte.mt wAi_eh we weite havt The pi opte o6 tono a-te veAq 69fittunate to have a young ;tan o6 hit ability, eha4aete~, and dedication to taw en6oRcement. Aa an individual who wohks with the pub'-ic, at you do, I whateheaitedty nuppoRt Myt. Kuat Erickson. To you and c16<^e4 Eiickaon, Katho and I would tcke to aay THANK vOU. 16 eitheA 06 you ae e,e4 4~ BRooten, oa at Gne.e.n Lake, pteaae give ua a eatt so we may shot~' t, you ou)t app1c---.iation. cc, Ma. Kustt F1tck6cen 046icvt 515 0iopto Polic Depalttmer,.t Sinceaety, Telly W. FAazee, Supvtlnte..ndent 06 Scho 8 �%je N Nl.itF !►1 11 i►1�G 1lN' . d !!� R t'Ve1lN! '�ITD' R!".yWl�!•1�li.lTY