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HomeMy WebLinkAbout08-25-1986 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY AUGUST 25, 1986, 7:00 P.M. (*) Asterisk items are considered to be routine items to be enacted upon by one mot ion by the C i ty Counc i 1 under the Consent Item* on the agenda. Discussion will be held upon request. ROLL CALL OATH OF OFFICE - Mark Moran 1. CONSENT AGENDA* APPROVAL OF MINUTES 2. 2egular Meeting of July 28, 1986 3. Regular Meeting of August 11, 1986 PARK COM14ISSION COMMENTS * 4. Park Commission Chair Resignation - Barb Peterson PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 5. 41022 Charles Schall, 605 Pu-:k Lane - Var,ance - Resolution 6. #1026 Mike Hilbelink/John Vogt, 1060 Old Crystal Bay Road - Preliminar, Subdivision - Resolution 7. #1046 Douglas J. Zumbusch, 1535 Long bake Blvd. - Conditional Use Permit - Resolution 8.#1061 Larry and Linda Cook, 3765 Watertown Road - Variance - Resolution MAYOR'S REPORT CABi-E TV REPORT CITY ADMINISTRATOR'S REPORT 11. nook Permit on Platted Right-of-way - Big Island 11. Big Island Board of Governors 12. Westonka Senior Center - Representative 13. Noerenberg Parking Plan 14. Liquor Store Performance 15. Meetinq Reminders 9/3 & 9/17 *16. Utility Rate - Or3inance Adoption *17. Contract Revision - Dahlgren, Shardlow & I1ban - August 28th *18. Part Time Miring - 'Inse Burmaster *19. Highway 12/Willow - Joint Resolution *20. Administrator's Information Lyric Avenue Polio::, Supery sort' Selection Comparable Worth Quorum/Voting Rules Countryside Neighborhood CITY ATTORNEYS REPORT EXECUTIVE. SESSION LICENSES (21*) BILLS (22*) ADJOURNMENT f.iJ I n �.^.J !MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD(jj"Vopp � NOERENBERG PARK DEVELOPMENT continued Regarding the parking lot design, staff thought they would reduce the size of the parking lot when they were required to cut the proposed number of parking spaces in half, however they merely cut out the "wing areas" in order to allow easy expansion if needed in the future. Councilmember Adams stated that the design for the parking lot should be for 26 cars and should be well screened from the neighbors. It was moved by Councilmember Grabek, seconded by Councilmember Adams, to approve the City's revised grading plan. r.nd send the parking plan back to Hennepin Park District for re -design. Motion, Ayes 3, Nays 0. BIG ISLAND VETERAN'S CAMP Councilmember Grabek raised an inquiry regarding the intent of the Veteran's camp on Big Island and the Hennepin Park District. City Administrator Bernhardson stated that staff would check into it. MAYOR'S REPORT: PLANNING COMMISSION VACANCY APPOINTMENT Mayor Butler stated that the appointment of Planning Commission member Ed Callahan to the Council leaves a vacancy on the Planning Commission. City Administrator Bernhardson submitted staff's recommendation to fill the vacancy. It was moved by Mayor Butler, seconded by Councilmember Adams, to appoint Jim Hanson to the Planning Commission for the term effective July 29, 1986 through December 31, 1987. In addition to this appointment the following classification.: are adopted for each of the Planning Commission members: George Rovegno Jr. - Urban Charles Kelley - Rural G1or-4a McDonald - Urban J. Diann Goetten - At Large Paul Taylor - Rural Maureen Bellows - At Large Jiir Hanson - At Large Motion, Ayes 3, Nays 0. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 28, 1986 TONRA TRANSMISSION City Administrator Bernhardson reported on discussions with Craig Olson, and the following options were considered: 1 ) stay at the existing 10 car limit with a conditional use permit and retain the pump island and use of gas tanks; 211 if additional parking slots are desired (14 slots), the pump island is to be removed with the tanks or replaced in another location. 8talf recommends that if legal and the parties so agreed; 'tba the tanks and pumps would be removed, parking 4acsa to 14 slots and that the property ol+aer Mould be plated in the same legal position regarding the tanks as ifj they had not been removedf If this is not acceptable to Mr. Olson, the City would then start tagging and towing if possible. City Attorney Blatz stated that having researched the towing law finds that it clearly states that only the owner of the car or property can request towing off of private property. Zoning Administrator Mabusth noted that the parking situation has been cleaned up and that Mr. Olson has come up with a policy and procedure for removal of the extra tsars. It was moved by Councilmember Grabek, seconded by Councilmember Adams, to concur with the two options as outlined by staff. D,Dtion, Ayes 3, Nays 0. PERMANENT PART TINE CLERICAL POSITION - JAMIE DOSMA It was moved by Mayor Butler, seconded by Councilmember Grabek, to eEtablish the position of Office Assistant at the rate of $C:.00 per hour commencing 1 August 1986 and that the status; of current temporary part-time employee Jamie Bosma be changed to permanent part time employee in that position. commencing on that date with benefits retroactive to the 1st of June 1986. Motion, Ayes 3, Nays 0. Ur-SESSOR'S CONTRACT City Administrator Bernhardson stated that in renewing the assessors contract, staff recommends approval of the 10% increase in contract price because of the quality of the work done by them together with the fact that considerable personal attention is paid to people by the contractor's. They have made extensive efforts to improve their service both to the property owners and their work with the City. He also noted the increase in construction activity over the level when the contract was originally -?rat-tn. 9 1.0 u i10� MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 11, 1986 ATTENDANCE 7:04 P.M. CONSENT AGENDA* The Orono Council met on the above date with the following members present: Mayor Butler, Councilmember Adams and Frahm. Councilmember Grabek was absent. Councilmember to be appointed, Edward Callahan was also present. The following represented the City staff: Acting City Administrator and Public Works Coordinator Gerhardson, Building and Zoning Administrator Mabusth, City Clerk Hallin, and City Recorder Peterson. Also present were City Attorney Barrett and City Engineer Cook. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve the Consent Agenda* subject to removal of Item #3 Approval of July 28, 1986 Minutes (per Mayor Butler's request). Motion, Ayes 3, Nays 0. OATH OF OFFICE - COUNCII.MF.MBER City Clerk Hallin administered the Oath of Office swearing in Edward Callahan as Councilmember. APPROVAL OF MINUTES Mayor Butler stated she would like to amend the wording under NOERENBERG PARK DEVELOPMENT as follows: "It was moved by Councilmember Grabek, seconded by Councilmember Adams, to approve the City's revised grading plan and send the parking plan back to Hennepin Park District for re -design. Motion, Ayes 3, Nays 0." Also under NOERENBERG PARK DEVELOPMENT, Councilmember Adams stated that his comments were not stated correctly and wished to have them amended to read: "Councilmember Adams stated that the design for the parking lot should be for 26 cars and should be well screened from the neighbors." Under TONKA TRANSMISSION, Mayor Butler re -drafted as follows: "City Administrator Bernhardson reported on discussions with Craig Olson and the following options were considered: i) staying at the existing 10 car limit with a conditional use permit and retain the pump island and use of gas tanks; 2) if additional parking slots are desired (14 slots), the pump island is to be removed with the tanks or replaced in another location. Staff recommends that the City work with Mr. Olson to get the 14 total spots in exchange for removal of the pump island and tanks." MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 11, 1986 APPROVAL OF MINUTES CONTINUED Mayor Butler stated that she did not feel the following sentence could be a true statement, stating that they could not tie the hands of a future council when this is a commercial use in a residential zone: "As part of the conditional use permit would be the guarantee that gas could be placed back on the property irregardless of future zoning amendments." Mayor Butler asked Acting City Administrator Gerhardson if staff has made some committment that implies to the property owner that the city can make a guarantee? Acting City Administrator Gerhardson stated that to his knowledge they have but, if Council wishes, staff could discuss it with Mr. Olson and make the necessary changes. Mayor Butler stated that in light of the type of permit permitting the operation, she does not feel the Council can guarantee anything. C.)ntinuation of re -draft: "If this is not acceptable to him, the City would then start tagging and towing if possible." "City Attorney Blatz stated that having researched the towing law finds tra': it clearly states that only the owner of the car or property can request towing off of private property." It was moved by Mayor Butler, seconded by Councilmember Adams, to table approval of the July 28, 1986 Minutes for staff to re -draft and submit at the August 25th meeting. Motion, Ayes 4, Nays 0. LAKE MINNETONKA CONSERVATION DISTRICT REPORT: A) 1987 BUDGET B) DOCK SIZE/BOAT SLIP SIZE LMCD Representative Jo Ellen Hurr was present for tr., matter. Regarding the Counc,il's questions on the budget which Counc-il pasFed at their last meeting, she explained the additional $10,000 item put in the budget for planning, part of the charge given by the Met Council and they are working with the City of Shorewood through the Met Council for a no interest loan and possibly some grant money. She stated that they are going to research the fees again and that it is her feeling that if assessments to city's are being raised, the fees to users, special events, etc. should also be raised. 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 11, 1986 LMCD REPORT CONTINUED She stated that they are going to do a study rega.^ding boat size in relation to number of uni': i.e. 16'-24' boat = 1 unit, 24'-30' boat = 1-1/2 unit, etc. She noted that there have been complaints made regarding having more than the allowed 2 boats/dock without registration and ot'aer various complaints which the LMCD is following -up on. In addition, there have be 37 BWI arrests on Lake Minnetonka and 10 throughout the State of Minnesota. It was moved by Mayor Butler, seconded by Councilmember Adams, to accept the information regarding 1987 LMCD budget and indicate the City's acceptance and approval of that budget together with accepting the information and giving input to the LMCD's representative regarding regulation of dock size/dock slip size. Motion, Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS Planning Commission member Paul Taylor was present and had no comments at this time. PUBLIC COMMENTS Dal.i & Terry Wiederhoft, 3551 Lyric Avenue, were present. Da 1 i Wiederhoft submitted a letter to Mayor Butler regarding the condition of the structure located at 3536 Lyric Ave. She stated that the letter was written out of a sense of frustration and hope that the City will take some action regarding this structure. She reviewed the history of their conversations with City staff in efforts to resolve this problem since 1983, to date nothing has been resolved. Mayor Butler stated that. to her knowledge, this matter has been through the courts and believes that the owner of the property has ignored the action taken by the courts, and that staff is currently implementing the hazardous building act which takes time. She also noted that, contrary to Ms. Wiederhoft's letter, she has driven by the property many times and is aware of its condition; in addition, she is not leaving office due to medical problems as indicated in the letter. City Attorney Barrett stated that hazardous building proceedings could take a year in the court system if they are contested. Zoning Administrator Mabusth stated that criminal action was taken against the owner because he had failed to follow the directives of the temporary certificate of occupancy requiring him to put a foundation ir.. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 11, 1986 PUBLIC COMMENTS CONTINUED Ms. Weiderhoft stated that in the meantime, the value of her property has decreased steadily because of this property. She stated that the City should inform the neighbors of the status of the property. ZONING ADMINISTRATOR'S REPORT: #841 CRAIG WINTERS 888 PLENTYWOOD ROAD A) PLAT ROAD NAME APPROVAL B) FINAL SUBDIVISION/PRD RESOLUTION f2029 Present representing Craig Winters was Dick Hassel who will reside in the former Winter's residence on Pad 4. Zoning Administrator Mabusth stated that applicant proposes that the road name reflect the plat name of Huntingtor Farm Road. As noted in her memo, Chief Kilbo advises that the use of Huntington or Farm in the road name will create problems for emergency vehicles because of the numerous other road names similar to the proposed name. Based on Chief Kilbo's recommendation, Mayor Butler would prefer applicant come up with another name. Mr. Hassel stated that he did not feel there would be a problem because of the different locations of similar road names. Councilmember Adams stated that he had a problem with the word "Farm" in the name because of North Farm Road and West Farm Road which already is confusing. Councilmember Frahm stated that he understands the issue, but feels the proposed name is a distinctly different name and is not geographically near the other similarly named roads. Mayor Butler noted the problem involves one police department responding to the emergency calls of the similarnames roads which are in two different cities i.e. Orono and Minnetonka Beach. In light of Council's comments, Mr. Hassel. suggested the name of "Hunt Farm Road". It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to approve the road name of "Hunt Farm Road". Motion, Ayes 3, Nays 0, Abstention 1. Councilmember Adams abstained. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING LaKI" D AUGUST 11, 1986 #841 WINTERS CONTINUED It was moved by Councilmember Frahm, seconded by Mayor Butler, to adopt Resolution #2029 approving the Plat of Huntington Farm amending the road name as Hunt Farm Road. Motion, Ayes 4, Nays 0. Councilmember Adams asked about the planning fcr the completion of the road. Mr. Hassel stated that they plan on putting in the base this year and blacktop within the year, however they will file a letter of credit in the amount of 1-1/2 times for the extent of work not completed, per city requirements. Zoning Administrator Mabusth stated that the road base must be installed and approved by the City before building permits are issued and that it is common practice for developer's to let the base settle for a year before it is surfaced. #1026 MIKE HILBELINIC/JOHN VOGT/MRS. H. PLrTFJ(MAN 160 OLD CRYSTAL BAY ROAD PRELIMINARY SUBDIVISION Present for this matter Caere: Mike & Ann Hilbelink, John & Maureen Vogt, Dave Will, and Bob Craig representing Mrs. Peterman. Mayor Butler explained that it is part of the ci.ty's obligation as part of planning and approving a subdivision that the City must consider how the property will ultimately be divided and accessed. She noted that City Attorney Blatz called attention to the creation of the flag lot of Lot 2, which does not conform to the zoning code. She noted the consideration to limit the amount of curb cuts. Zoning Administrator Mabusth stated that in the past, the city has approved flag lots in single lot splits in lieu of an access easement serving a property, however this technique has never been used to serve access for one lot in 3+ lot subdivision where an alternate access is available. Mr. Vogt stated that the reason for the proposed f lag lot is because he wants a north/south facing house which requires access from the west in their plan. Mr. Hilbelink stated that there are three separate owners involved with different ideas and they do not want to be tied in with each others plans by designating a main access at this time. He also stated that he does not agree with clr.-siynating an access on his property 5 MINUTES OF THE REG..LAR ORONO COUNCIL MEETING HELD AUGUST 11, 1986 #1026 HILBELINR/VOGT/PETERMAN CONTINUED which would totally benefit the devel-pment of the parcel on the east. City Engineer Cook reviewed the two designated access points on Watertown Road and stated that they both met the sight distance requirements, however, the access on the west side is more acceptable because it provides excellent visibility. Thomas Gorman, 2640 Watertown Road, stated that he was not in favor of any access going past his property on the west or east. Councilmember Frahm suggested taking an easement at this time and decide where a road will go at a later time when/if applicants subdivide. This would keep the options open. City Engineer Cook noted that the Council should determine at what point in time the road must be put in d who would be responsible for the cost of putting it Councilmember Callahan stated that the Planning Commission was not entirely convinced that there should be a north/south rjad. Planning Commission suggested that the access to lots 2 & 3 should be on the western side. His own feeling is that they should not have both access on Old Crystal Pay Road and Watertown Road. Mrs. Hilbelink stated that they were being treated as big time developers, which they are not. She also stated that it would depreciate the value of the property by taking land for an easement. Mr. Hilbeilink stated that he does not agree with having to give up a 50' easement to benefit the development of the property to the east. Councilmember Frahm stated that he agreed with the applicant and noted that at this point no property is being land locked. It was moved by Councilmember Frahm, seconded by Mayor Butler, to approve the following: 1) Private easement over flag lot] whic`.. will be realigned with Lot 2 so that flag lot is removed. Lot 1 grant access easement in favor of Lot 2. 2) I.ot 3 may access off Watertowr. Road wherever desired at this time, per staff approval. 3) A 25' corridor will be platted as an outlot on the west side of Lots 2 & 3 from Watertown Road to 6 MINUTE: OF THE REGULAR ORONO COUNCIL14BETING HELD AUGUST 11, 1986 #1026 HILHELINR/VOGT/PETER14AN CONTINUED the southeast corner of Lot 1. 4) Any future sub(ivision of these properties may create the need for a private road as in item 3 which will be built to city specs for a private road. 5) Finding that there is no need for a committment at this time for a north/south rcid by the City. Motion, Ayes 4, Neys 0. # 10 4 2 THOMAS MAXWELL 3685-3725 WATERTOWN ROAD CONDITIONAL USE PERMIT/VARIANCE RESOLUTION Thomas Maxwell and jack Ebert were present for this matter. Mayor Butler explained the request to combine 2 parcels of property totaling just under 10 acres in the 5 acre zone, into one property with the second existing residence to become a guest house. This combination will allow the repair or replacement of a 6-stall horse barn which now straddles the dividing line between the two lots and be able to o-commodate the requested 6 horses. Zoning Administrator Mabusth stated that applicant has been advised of the conditions for a guest house use, and also advised that he may not be able to re -subdivide the property because it is less than 10 acres. Mr. Maxwel'_ stated that he understands these conditions and is agreeable. Councilmember Adams stated that if applicant is agreeable, he felt is was a good way to solve the problem. Councilmember Frahm agreed with Councilmember Adams feelings. Councilmember Callahan stated that he felt it was very bad planning just for the purpose of accommodating a few more horses. Mayor Butler stated that she agree' ,,ith Councilmember Callahan and felt it may create mur problems than it would solve. Zoning Administrator Mahusth stated that applicant filed this type of application upon the direction of the Planning Commission which resulted in a 3-3 vote to approve (Callahan voted nay). 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 11, 1986 #1042 MAXWELL CONTINUED It was moved by Councilmember Frahm, seconded by Councilmember Adams, to adopt the resolution as drafted approving the variance and conditional use permit. Motion, Ayes 2, Nays 2. Mr. Ebert stated that they have complied with the Planning Commission's directive as to the best way to handle the problem and felt that they were being treated unfairly by k:uuncilmember (former Planning Commission member) Callahan's double negative vote: Due to the split vote, it was moved by Mayor Butler, seconded by Councilmember Callahan, to forward the application to the September 8th Council meeting for consideration. Motion, Ayes 4, Nays 0. #1044 VICKI RIZZOLO/JAMBS ERICKSON 11S LUCE LINE RIDGE CONDITIONAL USE PERMIT RESOLUTION #2030 Vicki Rizzolo and James Erickson were present for this matter. Mayor Butler explained the request f(-r a mother-in-law guest apartment located within the principal residence now under construction. Planning Commission recommended approval of the temporary guest house for this owner only and to leave the doorway from the garage -basement stairway as proposed for access. Councilmember Callahan stated that he felt the guest apartment/mother-in-law apartment use should be studied by staff before approval of any more such applications because there are no set standards. ;Mayor Butler stated that she agreed with Councilmember Callahan and staff's recommendation to develop separate standards for guest apartments, but felt this application should not be held up. Zoning Administrator Mabusth explained the Planning Commission's recommendation to allow the doorw- from the garage -basement stairway to remain (a1thou this is inconsistent with past Council approval on other applications) because they felt that. in this case, it was a useless regulation to force the guest -dweller to enter through the utility room and basement. It was mover] by Mayor Butler, seconded by CouncilmemLer Adams, to adopt Resolution #2030 as presented approving the variance and conditional use permit. Motion, Ayes 4, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 11, l° #1047 DENNIS RUMLIN 2665 FOX STREET PRELIMINARY SUBDIVISION RESOLUTION #2031 Dennis Kumlin was present for this matter. It was moved by Mayor Butler, seconded by Councilmember Frahm, to adopt Resolution #2031 granting preliminary plat approval for a property located at 2665 Fox Street. Motion, Ayes 4, Nays 0. #1051 RORALD L. GLESNE 1475 CHERRY PLACE VARIANCE RESOLUTION #2032 Ronald L. Glesne was present for this matter. Mayor Butler explained the request for a lot area/lot width variance in order to declare a 0.64 acre lot buildable in a 1 acre zone, lot width is 125' where 140' is normally required Sewer is available. Staff recommends that the front yard be designated on Cherry Place, a vacated public street, rather than Cty. Rd. 151. Mr. Glesne stated that he and the proposed buyers of the lot agree with staff's recommendation. Councilmember Adams questioned the density issue of this neighborhood. Mr. Glesne stated that this was originally subdivided and approve(' as 4 lots and there are 4 sewer tubs. He questioned the sewer unit Fee which stiff re_-mmends be collected with the building permit because the city can find no record of it being paid. Council stat.:d that the sewer unit would have to be paid per staff recommendation unless applicant can prove that it has previously been paid. It was moved by Councilmember Frahm, seconded by Mayor Butler, to adopt Resolution #2032 citing option Exhibit -2 for front yard on Cherry Place. Motion, Ayes 3, Nays 1. Councilmember Adams voted nay. 9 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 11, 1986 #1052 JOHN T. SPENCE 2040 NORTH SHORE DRIVE VARIANCE RESOLUTION #2033 John T. Spence was present for this matter. Zoning Administrator Mabusth explained the request for multiple variances to replace a shed and fence that were damaged in an automobile accident within the past few months. Applicant proposes to replace the entire fence including the damaged portion of snow fence with a new 3-1/2' cedar fence; and build a new shed on the existing foundation. The existing foundation is approximately 6' from the shared lot line of City - ned property requiring a side setback variance. Mr. Spence stated that the proposed fence would be an improvement to the existing snow fence. He stated that the shed being built on the existing foundation would be less visible than if he were to rebuild it 10' from lot line per original staff recommendation. It was moved by Councilmember Adams, seconded by Mayor Butler, to adopt Resolution #2033 approving the variances as presented. Motion, Ayes 4, Nays 0. #1053 RAY14OND J. KOSAK 3265 CARMAN ROAD CONDITIONAL USE PERMIT AND AFTER -THE -FACT VARIANCES RESOLUTION #2034 Raymond Kosak was present for this matter. Zoning Administrator Mabusth explained the after -the - fact variance for new construction within the 75' setback area, construction requiring a 3% hardcover variance within the 75-250' area, and hardcover variance of up to 20% within the 0-75' area. She reviewed the Planning Commission's recommendation on a sketch. She noted that the applicant .requests the Council to re- consider the Planning Commission's recommendation and allow him to retain the deck area approximately 9.5 to 10 feet beyond the edge of the pool, rather thi-n the 5' recommended by Planning Commission. She reveewed the proposed construction of various levels of decks and retaining wall. Mr. Kosak explained the history and situation of his property in relation to his plan. Mayor Butler stated that she felt this property was unique in which many levels of elevation are invoked. She stated that. she was not sure that (per Planning 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 11, 1986 #1053 ROSAK CONTINUED Commission recommendation) 5' beyond the edge of the pool was enough space. Councilmember Adams stated that he was concerned with the construction within the 75' lakeshore setback. Mayor Butler noted that decks G & E will have a geotechnical fabric installed underneath. Councilmember Frahm stated that he felt, in this particular instance, Deck E would be a benefit within the 75' lakeshore area and does not environmentally or scenically have a detrimental impact on the area. After considerable discussion, it was moved by Councilmember Frahm, seconded by Mayor Butler to adopt Resolution #2034 approving the following variance: 1. 0-75' setback area of 315 s.f. of hardcover or 4.3%. 2. 75-250' setback area a total of 3,583 s.f. or 28%. 3. 65 feet lakeshore setback for spaced wooden deck or a 10' setback variance. Motion, Ayes 4, Nays 0. #1058 COMPREHENSIVE PLAN AMENDMENT - METROPOLITAN URBAN SERVICE AREA (MUSA) LINE REALIGNMENT Present for this matter were Brian Fulmer and his attorney, Robert G. Mitchell Jr. The application involves an amendment of the M.U.S.A. boundaries originally defined and approved in 1979-1980. The Fulmers request to amend the Comprehensive Plan seeking sewer service for their commercial kennel/residential use within the now defined rural service area. Also included in the proposed ac^nndment are areas that have already been sewered within the city since the approval of the 79/80 Comprehensive Plan without a formal amendment. Mayor Butler stated that she did not have a problem with any of the proposed amendment. Councilmember Callahan stated that he was not in favor in view of the Hwy. 12 study. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 11, 1986 #1058 COMP. PLAN AMENDMENT CONTINUED Mayor Butler stated that the Fulmer property is not in controversy for re -zoning within the study. She stated that the Fulmers have saved the facility and use. She also noted that MWCC took a great deal of property from the Fulmers when they constructed the interceptor which has complicated their ability to construct any type of sewer system. Councilmember Frahm stated that they should not allow a connection into the system at this point in time as it would set a precedent. Mayor Butler stated that she does not feel there is another case like the Fulmer property. Councilmember Adams stated that he shared Mayor Butler's view3 in that this is a very unique situation. He asked for the City Attorney's opinion. City Attorney Barrett stated that he has some questions regarding amending the comprehensive plan on case by case applications, but has no firm position at this time. Zoning Administrator Mabusth stated that the Fulmers property fails to meet all standards for a septic system and connection to sewer is the most economical answer and th-it there is no available land. It was moved by Mayor Butler, seconded by Councilmember Adams, to direct staff to bring back a resolution incorporating the Comprehensive Plan amendment as outlined in staff memo dated July 14, 186. Motion, Ayes 2, Nays 2. Councilmembers Frahm ar illahan voted nay. Councilmember Callahan stated that he would be open to more consideration in this matter. Councilmember Adams suggested expediting the Fulmer property out of the corridor study. Because of the tie vote, this application will be brought back to the full Council for consideration. 12 MINUTES OF THE RET"vc3LAR ORONO COUNCIL MEETING HELD AUGUST 11, 1986 #1015 ERVIN F. KANN* 755/763 NORTH FERNDALE REVISION TO DRAINAGE i UTILITY EASEMENT It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve the revised drainage and utility easement location for the plat of Lydiard Hills. Motion, Ayes 3, Nays 0. CITY ENGINEER'S REPORT: BID AWARD - 1986 SEAL COATING City Engineer Cook stated that the low bidder for the seal coating was Allied Blacktop $81,480.; second low bidder was Buffalo Bituminous $88,900.; and third low bidder was Bituminous Roadways, Inc $101,710. He stated that Allied Blacktop was very competent. It was moved by Councilmember Frahm, seconded by Mayor Butler, to accept the bid from Allied Blacktop in the amount of $81.480 and award them the job. Motion, Ayes 4, nays 0. Public Works CoorC inator Gerhardson stated due to the unused monies for sealcoating from last year and this year, he would like authorization to add the quantities of roads to be blacktop not to exceed the budgeted amount of 140,000. . It was moved by Councilmember Frahm, seconded by Mayor Butler, to authorize the sealcoating of additional roads not to exceed the budgeted amount. Motion, Ayes 4, Nays 0. NAVARRE INTERCEPTOR REPORT City Engineer Cook reviewed the the four alternatives for improvements from the Metropolitan Waste Control Commission. MWCC has selected Alternate #3 as the preferred construction alignment. Public Works Coordinator Gerhardsor and City Engineer Cook recommend Alternate #3A as the preferred construction alignment because it eliminates a main lift station #10 which can be very costly in repairs in the long term. It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to approve Alternate #3A as recommended by staff, provided the City does not have to contribute payment for the improvement. If the City has to pay in the improvement, this matter will be brought back to the Council for review. Motion, Ayes 4, Nays 0. 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 11, 1986 REQUEST FOR PAYMENT #5 - WK. MUELLER & SON it was moved by Mayor Butler, seconded by Councilmember Adams, to approve the Request for Payment #5 from Wm. Mueller & Sons, Inc for Willow Drive -Old Crystal Bay Road Overlay in the amount of $5,462.50. Motion, Ayes 4, Nays 0. MAYOR'S REPORT: CABLE TV REPORT: Mayor Butler had nothing to report at this time. There was not Cable TV Report at this time. CITY ADMINISTRATOR'S REPORT: HENNEPIN COUNTY RECYCLING ORDINANCE Public Works Coordinator Gerhardson noted the highlights of a proposed recycling ordinance to be adopted by Hennepin County. VANEECKHOUT WATER Mr. VanEeckhout was present for this matter. He requests that the City allow him to connect the home under construction at 650 North Brown Road to the Long Lake municipal water system. He was previously granted approval to permit utilization of sewer from Long Lake. Mayor Butler stated, per staff's memo, staff recommends denial because they find no demonstratable hardship and is merely a convenience and cost saving to the developer and a well is a feasible alternative for this site. The basis for this recommendation is that there may be several other properties equally situated that abut the Long Lake water system who may also desire a hookup and such hookups were not in the contemplation of the rural area currently designated in the comp plan unless there is a rezoning and/or comp plan amendment. Mr. VanEeckhout stated that this is the customers preference. He stated that he did not feel a request for water involved the same kind of argumentsas the request for sewer because it does not effect zoning. Mayor Butler stated they she felt it would set a precedent in others requesting for water hook-up. It was noted that when Mr. VanEeckhout made the request for sewer hookup, the City of Long Lake approve both a sewer and water hookup at that time. 14 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 11, 1986 VANEECXHOUT WATER CONTINUED It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve the request for water connection to the Long Lake municipal system for 650 North Brown Road. Motion, Ayes 3, days 1. Mayor Butler voted nay stating she ageed with staff's points. BALDUR PARR ROAD - SHORELINE EROSION It was moved by Councilmember Frahm, seconded by Councilmember Adams, to accept staff recommendation not to participate in the funding of the rip rapping of the property along Baldur Park Road as it abuts the private road. Motion, Ayes 4, Nays 0. CRYSTAL BAY PROJECT - FINAL INSPECTION SEPTEMBER 17, 1986, 10:00 A.M. It was moved by Councilmember Frahm, seconded by Mayor Butler, to acknowledge the date of September 17, 1986 as the established tentative date for final inspection for the Crystal Bay sewer project. Motion, Ayes 4, Nays 0. STRATEGIC PLANNING - COUNCIL It was moved by Mayor Butler, seconded by Councilmember Adams, to establish October 6, 1986 at 7:30 P.M. as the meeting date for the Council to undertake strategic planning process in advance of the 1987 budget. Motion, Ayes 4, Nays 0. BUILDING INSPECTOR SALARY ADJUSTMENT It was moved by Mayor Butler, seconded by Councilmember Frahm, to approve the corrected temporary 10% increase for Mr. Jacobs from $26,354 to 28,989, a temporary increase from 1 June 1986 through 31 December 1986 for added responsibilities for the Wayzata Inspections Contract. Motion, Ayes 4, Nays 0. SALARY INCREASE - MAYOR AND COUNCIL ORDINANCE NO. 23 SECOND SERIES It was moved by Mayor Butler, seconded by Councilmember Callahan, to adopt Ordinance No. 23 Second Series approving the salary increases for Mayor and Councilmembers effective January 1, 1987. Motion, Ayes 4, Nays 0. APRIL-JUKE 1986 2ND QUARTER LIQUOR REPORT* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to accept the information for the second quarter liquor results and that the item be placed on the August 25, 1986 agenda for further discussion. Motion, Ayes 3, Nays 0. 15 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 11, 1986 PATROL OFFICER HIRING* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to confirm the appointment of Mark Moran at the one year salary level with review at the six month mark commencing August 14, 1986. Motion, Ayes 3, Nays 0. JOHN HANN=L LETTER OF RESIGNATION* It was moved by Councilmember Frahm, seconder by Councilmember Adams, to accept the resignation of Mr. Hammerel as a Councilmember effective July 29, 1986 and by Council direction will send a letter of appreciation to Mr. Hammerel recognizing his outstanding service to the City of Orono. notion, Ayes 3, Nay-- 0. EDMARD CALLAHAN - APPOINTMENT TO OFFICE* RESOLUTION #2035 It was moved by Councilmember Frahm, seconded by Councilmember Adams, to adopt Resolution #2035 appointing as a qualified Councilmember Ed Callahan to the Orono City Council effective 1 August, 1986. Motion, Ayes 3, Nays 0. APPOINTMENT OF ELECTION JUDGES* RESOLUTION #2036 It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve the appointment of list of election judges as submitted. Motion, Ayes 3, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to accept City Administrator Bernhardson's information report regarding Assistant Chief Selection, Deering Island, Big Island Board of Governors, Goal Setting, Tonka Transmission, Keaveny Properties, Spring Hill Payment, and Pemberton. Motion, Ayes 3, Nays 0. CITY ATTORNEY'S REPORT: City Attorney Barrett updated the Council on the status regarding the Deering Island lawsuit, special assessment appeals, and condemnation awards. LICENSES* BILLS* There were no license applications to be approved. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve payment of the All Funds Accounts and Liquor Store Accounts. Motion, Ayes 3, Nays 0. 16 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 11, 1986 ADJOURNMENT 12:02 P.M. It was moved Mayor Butler, seconded by Councilmember Adams, to adjourn the Council meeting at 12:02 P.M. Motion, f._ !s 4, flays 0. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor 17 Z/ �J TO: Mayor and City Council FROM: Mark Bernhardson, City Administratok, DATE: August 20, 1986 SUBJECT: Park Commission Chair Resignation - Barb Peterson On August 18, 1986, Barb Peterson verbally indicated to the City staff that she would like to resign her position as Chair of the Park Commission, however would like to remain a member. The Park Commission did have a meeting Tuesday night, August 19, 1986, and staff indicated that Barb Peterson had resigned and asked them to determine interest among the group as to who would be interested in the position. It is anticipated that we will bring this issue back to your September 22, 1986 Council meeting. The other members of the Park Commission are: Terry Morse Lee Erger Lester Kelley Mariann Kienzler Philip Bradley Robert M. Kost Virginia Sweatt PROPOSED MOTION: Moved by , seconded by , to accept the resignation of Barb Peterson as Chair of the Park Commission thanking her for her three years of service as the Park Commission Chair -nd instructing staff to bring back names of interested indiv. gals for the S(--ptemb(r 22, 1986 meeting for Council consideration. e/Z We the undersigned reside adjacent on the Town Line Road hereby Pu-b Il L. petition the appropriate governmental officials to impose load C O(WVAS restrictions along with the reduction of speed limitations on-.,, . T1'4�, the Town Line Road. In recent months the use of the said on a road by heavy construction trucks4daily basis often as early r'.U6 ;; 117 1925 as 5:00 a.m. have caused excessive noise and other nuisances including the creation of dust that seriously interferes with !.!fe our daily livelyhood rights to quietly enjoy our property as we have paid taxes over the years to protect. In addition, the intense use of the said road beyond its designed capabilities is causing excessive wear and tear on the road. Consequently, this results in our having to use a sub-stindard road to get to and from our property's. Considering the lenient position taken by our local government, concerning the intimidation of big business to adversly affect our private livelyhood, we are not only being taxed for the routine maintenance activities+but we are also providing a subsidy to the de�:elorar which probably has the capability more than us, the the commun tax payer+to compensate for the deterin~ated conditions of the said road. Thus, in a sense, we as L .. payers are obligated to pay for the routine maintenance tax per local tax structure which only accounts for the road being used in a minor sense for residential vehicles and some "light" hobby farm users and then being subjected to the cost of repairing a road due to the utilization by heavy equipment for corporate development purposes, and it simply translates to "taxation without representation". Therefore, it seems unreasonable that in this time and era that we have to plead for the attention of our local representativesAaJV goy ,?o igTaVXtl1�ayers who voted you people into office based upon your "ground roots" ideology, we request that you prioritze our concerns as well as livelyhood. Therefore, we respectfully request that the same road limitations that are imposed in the spring of the year be imposed and enforced immediately throughout at least the construction season. Furthermore, based upon available engineering research and studies, it demonstrates that an increase rate of speed also affects the duration of a road. Thus, in terms of prudently economizing the tax dollar in terms of prioritizing the concerns I r of your tax paying copstituent5, we respectfully request that the road limits be limited to no more than t+.o (2) tons per vehicle on the road as well as reducing the speed limit to no less than 30 mph. Y2.3;,C .-���-y,'b��.�...�� 1. 3 46 0 Uv icy , 1 Cd LI FZ,; 4; 31 j � 1 y7y -a,a4 � Al37 - 3/a 7 q7I-Z1y5/ �(?s- j(Oq `f 7,1 - aC,/.,) ' -1 1- ),)ry ,f7`,,-�e 19 • _ � - -� � �c�bl ; c � m weeWHiNG ('; u 2 5 I S We, the undersigned, reside adjacent on Town Line Road hereby petition the appropriate governmental officials to impose load restrictions and reduce speed limits on Town Line Road. In recent months the use of the road by heavy construction trucks on a daily basis, often as early as 5:00 a.m., has caused excessive noise and dust, seriously interferring with our rights to quietl- njoy our property. In addition, the intense use of the road beyond its designed limits is causing excessive wear and tear on the road. This results in our having to use a sub -standard road to get to and from our properties. Adding insult to i9ury, WE, as local taxpayers, will ultimately be forced to pay for the repairs through our taxes. We respectfully request that the same load limits that are imposed in the Spring of the year be imposed and enforced immediately. DATE NAME ADDRESS PHONE # 04 % Y ' 1�i �ua.�-f�. •�au�� 111 / /G v Ca4< r*`WtZA� �C' Vim, /v yv r otL�n J17 q ')Y-2 2�� U/9r-'a l Y2(� '�`r To: Orono Council Members From: Michael P. Gaffron, Assi:>tant Zoning Administ� i4�Qr 1Q b� Date: August 20, 1986 OF V Subject: #1022, Charles A. Schall, 605 Park Lane Y'ONO - Variance - Additional Review - Resolution Mr. Schall has requested placement on the 8-25-86 agenda. He is submitting no additional exhibits at this time. To briefly recap the facts of this recp, Schall wants to construct a new :ached garage with room above for storage. The structure will. be 7.7 feet from side lot line, 3.5 feet from roadway (see memo of 6-5-86), includes a net reduction from 4.1% to 2.5% hardcover in 0-751, a net increase from 48.8% to 52.2% in 75-2501. Structure addition is proposed to be at a peak height 3' lower than existing house. Rud that this addition will deprive him of light, air, open space etc., but would accept a peak 5' lower than that proposed. Schall claims that due to smallness of tr -iouse, the entire proposed addition is necessary for storage and ror bedroom expansion, and that due to varying levels of floors in house and garage, 5' lower would create an unusable space. Staff has drafted a resolution reflecting the Planning Commirsion recommendation of 5-19-86 (4-2 vote) to approve as proposed. The minutes and prior exhibits are attached for you review. To sumarize the variances requested: Additiona. Removals Final Existing Proposed Proposed Hardcover 1) 0-75' 167.5 s.f. - 65 s.f. or 102.5 s f. Hardcover or 4.1% 1.6% or 2 (net reduction) 2) 75-250' 2220 s.f. 430 s.f. 274 s.f. 2376 s.f. Hardcover or 48.8% or 9.5% 6.0% or 52.2% (3.4% increase) 3) Right Side Setback: Required = 10' Proposed = 7.7' Variance = 2.3' or 23% 4) Street Setback: Required = 35' Proposed = 3.5' (existing = 1.7') Variance = 31.5' or 90% EjUSTI�+C. PEAS= - . 23 4- -- - i =3-G T END <FiWM S*eEe-r-) APPLICATION NO. 1022 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 7/22/86 ----------------------------------------------------------------- TO: Charles A. Schall COPIES: 605 Park Lane Long Lake, MN 55356 TYPE OF APPLICATION: XX �Iariance ----------------------------------------------------- DATE OF NEETING: 7/14/86 VOTE: For Against COUNCIL ACTION - NOTION: (Tabled until applicants wish to be _.aced on agenda.) Deadlines for submittal of new information and to be placed on agenda: August 1 deadline for August 11 Council Meeting August 15 deadline for August 25 Council Meeting If you desire certified copies of the official Council minutas, they are available from the City Recorder or City Clerk after review and approval by the City Council. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISION 2 AND 10.24, SUBDIVISION 5 FILE #1022 WHEREAS, Charles A. Schall (hereinafter "the applicant") is the owner of the property located at 605 Park Lane within the City of Orono (hereinafter "City") and legally described as follows: Lot 15, Block 6, Minnetonka Summit Park, Hennepin County, Minnesota, except that part of said lot lying South of a line drawn parallel with and distant 55 feet Southerly of the Nort'; line of said lot; (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to increase hardcover in the 75-250' lakeshore setback zone from 48.8% to 52.2% where only 25% hardcover is normally allowed, and a variance to Section 10.24, Subdivision 5 (B) to allow construction of a side - loading attached garage which will be located 7.7 feet from the side lot line where a 10 foot setback is normally required, and located 3.5 feet from the street lot line where a 35 foot setback is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1022. 2. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 19, 1986, and recommended approval of the proposed variance based upon the following findings: A) The proposed side -loading garage is potentially safer than the existing end -loading garage, although this is a very low -traffic street. B) The proposed garage will provide a greater setback from the street than the existing garage. Page 1 of 5 C) There is no other location on the property in which to construct a 2-car garage due to the required 10 foot separation between structures and the close proximity of the house to the south, which is only 0.5 feet from the lot line. D) The Orono 'Zoning Code grants no specific view or sun- light rights to the neighboring property owners as regards the street yard of their property. E) The 2nd-story room over the garage is reasonable considering the small size of the lot, and is preferable to a horizontal expansion of the house which would create additional hardcover. F) The applicant has revised the entryway proposal to meet the well setback requirements. G) For safety purposes it is reasonable to allow the applicant to keep the entire existing paved parking apron in order to provide a backup area to avoid backing out into the street. H) No other land is available for applicant to purchase in order to make his property more conforming. I) There is existing hardcover in the 0-75' and 75-250' setback zones which can be removed to partially offset the proposed additional hardcover. 4. Because one of the general purposes of - i deyard setback and height requirements in the Zoning Code is t ;naximize the amount of open space, air, and sunlight in a :.ighborhood, it is appropriate to restrict the height of this garage addition, given the side setback variance allowed. 5. The City Council has considered this application includ;.ng the findings and recommendations of the Planning Commiss;_on, reports by City staff, comments by the applicant and comments by the public, and the effect of the proposed variance on the health, safety and welfare of the community. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affec, traffic conditions, light, air nor pose a fire hazard or other clanger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardshi-) or difficulty; is necessary to preserve a substantial pro, rty right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 2 to increase hardcover in the 75-250' lakeshore setback zone from 48.8% to 52.2% where only 25% hardcover is normally allowed, and a variance to Section 10.24, Subdivision 5 (B) to allow construction of side -loading attached garage which will be located 7.7 feet from the side lot line where a 10 foot setback is normally required, and located 3.5 feet from the street lot line where a 35 foot setback is normally required, subject to the following conditions: 1. This approval is granted only for the garage/upper room addition proposed at this time, with roof peak approximately 3 feet below the peak of the existing roof of the house. Extention of the garage/upper room peak height above that height approved with this application is prohibited. 2. Prior to final inspection and occupancy of the proposed additions, applicant shall remove the following items of existing hardcover: Front Sidewalk - 69 s.f. Portion of Existing Driveway Pavement - 49 s.f. Plastic Under Rock Beds in Lakeshore Yard - 221 s.f. 3. The hardcover on the property is limited as follows: 0-75' setback zone: Hardcover may not exceed 102.5 s.f. or 2.5% 75-250' setback zone: Hardcover is limited to the following items: House With Garage and Entryway 1,450 s.f. (with short. sidewalk) Driveway and Backup Apron 599 s.f. Sidewalk 217 s.f. Decks 110 s.f. 2,376 s.f. or 52.2% Applicant is advised that any future development of the property which will create additional hardcover will not be approved, and might be approved only with concurrent removals of existing hardcover resulting in no net increase of hardcover. Page 3 of 5 4. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (August 25, 1987). 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in t) chain of title of the property. Adopted by the Orono City Council on this 25th day of August, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Property Owner(s) Page 4 of 5 To: Orono Council Members From: Michael P. Gaffron, Assistant Zoning Administrator Date: June 19, 1986 Subject: #1022, Charles A. Schall, 605 Park Lane - Variance - Second Review - Resolution You will recall that this item was tabled at your last meeting to accomodate the request by James MacKinnon, attorney representing the neighbors, Stan and Betty Rudd. Mr. MacKinnon has submitted a letter outlining the Rudd's concerns. List of Exhibits A- Letter from MacKinnon B- Memo and exhibits of 6/5/86 UPDATE MEMO 7-10-86: No additional information has been submitted by the applicants or their attorney. APPLICATION NO. CO22:J CITY OF ORONO NOTICE OF COUNCIL RCTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 6/30/86 ----------------------------------------------------------------- TO: Charles A. Schall COPIES: 605 Park Lane Long Lake, MN 55356 TYPE OF APPLICATION: XX Variance ----------------------------------------------------- DATE OF KEBTING: 6/23/86 VOTE: 4 For 0 Against COUNCIL ACTION - NOTION: Table until 7/14/86 to allow applicant's attorney to review the issues. If you desire certified copies of the official Council minutes, they are available from the City Recorder or City Clerk after review and approval by the City Council. To: Orono Council Members From: Michael P. Gaffron, Assistant Zoning Administrator Date: June 19, 1986 Subject: #1022, Charles A. Schall, 605 Park Lane - Variance - Second Review - Resolution You will recall that this item was tabled at your last meeting to accomodate the request by James MacKinnon, attorney representing the neighbors, Stan and Betty Rudd. Mr. MacKinnon has submitted a letter outlining the Rund's concerns. List of Exhibits A- Letter from MacKinnon B- Memo and exhibits of 6/5/86 VARIANCE DENIAL RESOLUTION #2014 Evan Meline and matter and stated of denial and had Bennett Belden were present for this they had read the proposed resolution no comments. City Administrator Bernhardson stated he would contact City Assessor Rolf Ericson regarding the assessed value of this property. It was moved by Councilmember Frahm, secondedbyl Councilmember Adams, to adopt Resolution #2014 denlingi the variances requested in application #999. Motion, Ayes 4, Nays 0. #1010 DUANE BALL 1669 SHADTMOOD PRBLIINMY SUBDIVISION D=JAL RESOLUTION # 2 015 Duane Hall was representative on not present for this matter nor his behalf. Zoning Administrator Mabusth stated a notice was' delivered to Duane Ha 1 l's home on May 23, 1986 andl another notice was mailed to him, staff has heardl nothing from Mr. Hall. City Attorney B1aL- z stated that sufficient notice .,asl been given to Mr. Hall regarding Council acting on this, application at this meeting. • I It was moved by Councilmember Frahm, seconded by Mayor Butler, to adopt Resolution. #2015 denying the! preliminary subdivisi- as requested in application! • #1010. Motion, Ayes 4, Nays 0. ' #1019 RALPB MARTINSON* 2525 NOODMV= DRIVE PINAI, SODDIVISION RESC, .0TION # 2 016 It was moved by Councilmember Frahm, seconded by Councilmember Adams,to approve the final subdivision Plat of Woodhaven Third Addition. Motion, Ayes 4, Nays #1022 CHARLES A. SCBALL j 605 PARR LANE VARIANCE I RESOLUTION 2arilyalong3with n and Charles Schall were present for this matt^r their builder, Marty Bethke. City Administrator Bernhardson reviewed the variancel request to replace an existing 1-car garage wirh a 2-car garage with a room above the garage for use as a second bedroom and storage space. Staff recommends if thi� request were approved that the addition peak height bI no more than 21'. I James McKinnon, attorney for the objecting neighbors] Stan & Betty Rudd of 601 Park Lane, was present with Mrj & Mrs. Rudd. i Mr. McKinnon stated that the Rudd's are not opposed t4 the garage addition but are opposed to the extr addition above the garage winch c---motes a tunnel an massing effect upon his client's r .fence in additioi to obstructing their sunlight. He :_.ated that this arel an already crowded area and feels that in this day ani age the need for a two car garage is a valid hardshi j however there is no justification for a bedroom abovq the garage. He stated there is no legitimate harshil for the bedroom above and that this is actually twe varia ::e requests. Mayor B,itler stated that she has been to the propertj and felt tha bstruction of sunlight upon Rudd's dec would be very minimal. She stated that she felt havin a 1 bedroom .house was a hardship. Councilmember Adams complimented the Schall's foi presenting the entire picture to the Council. He felt that the addition above the garage will indeed changa the environment. Marty Bethke stated that they are only proposing 4 story -and -a -half not a full :second story. Cite Attorney Blatz stated that this is not tw • ve— ances, as stated by Attorney McKinnon, it is on variance request to build within the setback. She note that the Council must make findings on what the height should be if in fact the addition obstructs sunlight. Mr. Schall submitted some photos to indicate light an shade areas. 'e also noted that the building code doe. not allow h.' i put a second bedroom in their basement. Councilmember Frahm stated that he felt Rudd's concern were valid and the addition would iripact their deck use He stated that there may be alternatives for adding second bedroom such as a wormer. He stated that h would approve the garage only. Councilmember Grabek stated the issue w, . _?n 1 y and additional 6', and fc It that the garagf 'ditio twhich the Rudd's do not object to) would alone ::, 'e a closed -in effect. City Administrator Bernhardson noted that a second s' could be added to provide the bedroom will - maximum height of 15'. Mr. Schall stated that there would be an access problem from the existing second story to the new second story if it were only 15' in height. He also stated that he is willing to remove a large tree if necessary to create more openess. Mrs. Schall stated that a second bedroom is really necessary for guests. was moved by Mayo- Butler, seconded by Councilmember abek, to adopt the resolution as presented granting %.«e variance,. Motion, Ayes 2, Nays 2. Councilmembers Frahm and Adams voted nay. Motion failed. Councilmember aced that he would approve the req:; st if t,,",, we e,,, o reduce the proposed roof line to 15' maximun, aghlt�n/order to limit the mass of structure. .1' Dave Singer, 3520 North Shore Drivs:, spoke up as an attorney and resident, stating he would like to represent the Schall's at their request. He stated that he has not had the opt -rtunity to fully research this matter ,and would lik he Council to reconsider this matt: and table it to ive him that opportuniL-y. B upon the fact that the Council honorer the Rudd' request to table for their attorney representation, was moved by Mayor Butler, to ask Council to recons this application and she withdraw her previous mot Councilmember Grzlbek seconded. Motion, Ayes 4, Nays 6. It was moved by Mayor Butler, seconded by Councilmember Adams, to table this matter until applicant brings back to City staff for presentation to City Counci?_. Motion, Ayes 4, Nays 0 #1026 MIKE HILBELINK/ir UT 1F0 OLD CRYSTAL BAY RO)i PRELININARY SUBDIV16111F RESOLUTION Mik(! H)lbel. and John Vogt were present for �- matter. City Administrator Bernhardson explained the preliminary subdivision request to divide 18+ acres into 3 parcels ill of which meet the zoning district standards. Staff _E:ls an important issue is determining future accesses for future :subdivision of these parcels. Mayor Butler stated that she felt it was the Planning commission's function to address future planning and MACKINNON, STANDKE & GREENE, LTD. LAW OFFICIES 17717 HIGHWAY 7 MINNE- — 5534ti JAp i![ So MACKINNON POSEPT A STANDKE MARK E GREENE ' REA CODE 612 OANIEL EI GREENSTEIN June 19, 1986 TELEPHONE 474. 3221 ERIC C OAMMEYER Mayor and Council Members City of Orono Crystal Bay, Minnesota 55323 Re: Application No. 1022 Charles A. Schall Our offices represent Stan and Betty Rudd with respect to the above application. In your review of the variance request, I would like you to consider two things. First, if you have been able to take the time to visit the site, I think you will realize that in this area of Orono the houses are very close together. Immediately to the north of the Rudds' house there is a very high, shear wall and building, and the Schalls' proposal would create a similar structure immediately to the south. The net effect would be to close the Rudd property in to the extent that they would feel more like they were living in a townhouse than on a lake lot. It is effects such as this that I believe you are to consider when you are balancing the supposed "hardship" of an applicant against the invasion of the rights of the neighbors. Secondly, I would like to point out to you that I do of think that the Council has the legal authority to grant the application as presented. It is my understanding that in order to grant the request, you need to find a bonafide hardship. I understand that it is commonly held that every house deserves a garage and in this day and age it is reasonable to provide, where possible, that a house would have a two -car garage. In this case, the need for the garage and its practical location probably do provide a bonafide hardship fa-^ the construction of a garage, but the hardship clearly ends there. There is absolutely i ividence whatsoever that there is any hardship with respect to the desire to build a bedroom above the garage. The Schalls have stated variously that t'-,y would like an extra bedroom, that they think it would be nice for resale purposes and that Mrs. Schall needs a place to get away. None of these is a hardship and their attempt to piggy -back this request for a third bedroom onto what appears to be a legitimate request for a variance with respect to the garage is not in keeping with the law regarding variances. If that were the case, people could build whatever and wherever they wanted provided part of the new structure was supported by a hardship. It is my understanding that in the past the City has allowed people to build second stories over structures which are not within the setback requirements, but it is my understanding that City staff is now having second thoughts with respect to t?:at policy because, in effect, wha ,they were doing is allowing an expansion of a non-conforminV "' hich is nc_ permitted under your ordinances absent another variance. This situation is also different in that you are not being presented with an existing structure, but rather you are being presented with a request to create a new structure and putting reasonable constraints upon pis new structure would not deviate from your past practices and would be in keeping with the scheme of your ordinances. Mr. and Mrs. Rudd support the variance request with respect to the construction of a garage, but ask that you deny the rea+iest with respect to the construction of the bedroom above the g ag, because no hardship exists with respect to this second floor room and the impact upon the Rudd property would be detrimental. Very truly yours, MACKINN , STANDYE & GREENE, LTD. Ja,mps MacKinnon JDM/VB To: Orono Council Members From: Michael P. Gaffron, Assistant Zoning AdministiE,tor Date: June 5, 1986 Subject: #1022, Charles A. Schall, 605 Park Lane - Variance - Resolution List of Exhibits A- Final Proposal As Recommended For Approval by Planning Commission B- Planning Commission Minutes 5/19/86 C- Planning Commission Minu+-es 4/21/86 D- Memo to Planning Commission Dated 5/16/86 E- Memo & Exhibits to Planning Commission Dated 4/16/86 Please review the memos, exhibits, and minutes attached. Briefly, the applicants wish to replace their existing 1-car end - loading garage with a 2-car side -loading garage with a room above it to be used as a second bedroom and for storage space. They also wish to construct a new entryway on the south side of the house. During the Planning Commission review of this application, the neighbor to the immediate north objected to the height of the proposed addition because it would limit sunlight to their deck above the garage, and would create a "closed -in" feeling. A review of the neighbors deck area by staff could not substantiate that sunlight would be screened by the addition, although staff did recog size that the addition will change the perceived "openness" of the neighboring property. The applicants and neigh -pent a month reviewing possible revisions of the proposal which would be acceptable to both parties. No compromise was reached. Planning Commission at their 5/19/86 meeting acted upon the original applications voting 4-2 to approve the original garage proposal as submitted, with a revised entry plan --moving it further west to avoid the existing well, with concurrent removal of the front sidewalk and lakeshore yard rockbed hardcover, but allowing them to maintain the entire existing driveway hardcover as a backup apron. Zoning File #1022 June 5, 1986 Page 2 of 2 To sumarize the varianc requested: Additional Removals Final Existing Proposed Proposed Hardcover 1) 0-75' 1.67.5 s.f. - 65 s.f. or 102.5 s.f. Hardcover c)r 4.1% 1.6% or 2.5% (net reduction) 2) 75-250' 2220 s.f. 430 s.f. 274 s.f. 2376 s.f. Hardcover or 48.8% or 9.5% 6.0% or 52.2% (3.4% increase) 3) Right Side Setback: Required = 10' Proposed = 7.7' Variance = 2.3' or 23% 4) Street Setback: Required = 35' Proposed = 3.5' (existing = 1.7') Variance = 31.5' or 90% A resolution reflecting the Planning Commission recommendation is attached for your review. Staff would strongly recommend inclusion of the condition that this and future additions above the garage may be no higher than that proposed at this time, given that side setback requirements and the height limitations are provided in the Zoning Code to preserve the amount of light, air, and open space in a neighborhood, and a side setback variance is being granted. r G/`H • A ,4 ws 4 ra AV • ' ? N It1 r �v tA lei I \ 1 A • t'`- S•• �' � ZOO Qi �k4 � ♦• ♦ Imo/ SS•62' '� '�'' " '' a, t .� �' � .Y . ; �♦ fie,• J _ 44 en C� 2 C• vu if-3 r L v k e Ml-17 n6 ion kra ti Lxf l I &- c MINUTES OF THE PLANNING COf*IISSION MEETING HELD MAY 19, 1906 #1020 SUBURILAN HENNEPIN PARK DISTRICT continued Neil Webber stated that the educational aspect of the park is very critical because this particular park is a very unique situation and the public should be made awa.e of it. Fie stated that their cor.cerns also include density and that the 25,000 annual visitor number is not a "goal" just a potential number. It was moved by Callahan, seconded by McDonald, recommend to reject the proposal specifically in connection with the concept of the visitor center and parking lot. Motion, Ayes 4, Nays 2.. Goetten and Be��a oted nay. #1022 CHARLES A. SCHALL 605 PARK LANE VARIANCE - SECOND REVIEW Charles. �dMarilyn Schall were present for this matter -a-long with their contractor, Marty Bethke. Assistant Zoning Administrator Gaffron noted that the applicant and neighbor were not able to reach a compromising solution. He explained the proposed plan which consisted of an entry addition and a garage with a second story storage room area. The garage addition is proposed at 7.7' from side setback, 3.5' from street setback, and proposed at 20' in height (30' allowed). He noted that hardcover trade-offs would create a small decrease in existing hardcover. Stan & Betty Rudd, 601 Park Lane, were present for this matter. Mr. Rudd stated that they were agreeable to a garage addition 15' in height. Fie submitted photos. Mr. Bethke stated that an addition at 15' height would create air unusable space above garage. It was noted in Assistant. Zoning Administrator Gaffron's memo that Chief Kilbo felt that the proposed access to garage is no more unsafe than the existing situation. Bellows stated that she felt some of the hardcover proposed to be removed for trade-off should be kept for back-up apron to provide safety. Mr. Scha 1 1 stated that the proposed room above g, age addition will be used as a second bedroom because the existing house is only 1-1/2 bedrooms. rAq MINUTES OF THE PLANNING COMMISSION MEETING HELD MAY 19, 1986 #1022 SCHALL continned It was moved by Callahan, seconded by McDonald, to recommend approval of the proposed plan with the back-up apron hardcover to remain. Motion, Ayes 4, Nays 2. Bellows and Kelley voted nay. Bellows stated that she recognizes the hardship but felt the applicant bought in to the situation and that the area is already very much overbuilt. #1023 ROLLA M. MARTIN 2675 SHADYWOOD ROAD VARIANCES PUBLIC HEARING 10:15 - 10:19 The Affidavit of Publication and Certificate of Mailing was noted. Rolla and Nancy Martin were present for this matter. Assistant Zoning Administrator Gaffron explained the the request for a hardcover variance to construct a bedroom addition in the 75-250' area which would increase the hardcover from 26.8 a to 27.1%, no hardcover trade-off is proposed. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by McDonald, to recommend approval as proposed. Motion, Ayes 6, Nays 0. #1025 EDWARD P. HENRICH 4115 HIGHWOOD ROAD VARIANCES PUBLIC HEARING 7:41 - 7:42 The Affidavit of Publication and Certificate of Mailing wa_ noted. No one was present from the public regarding this matter and the public hearing was closed. Edward and Phyllis iienrich were present and requested that this application be tabled. It was moved by Chairman Kelley, seconded by McDonald to table this matter at this time. Motion, Ayes 6, Nays 0. #1027 PHILLIP PILLSBURY 1200 BRACRETTS POINT ROAD VARIANCES PUBLIC HEARING 10:20 - 10:35 The Affidavit of Publication and Certificate of Mailing was noted. 7 MINUTES OF THE I NNING COMMISSION MEETING HELD APRIL 21, 1986 #1021 JAN & NORA ACKERBERG 4075 HIGHWOOD ROAD VARIANCES PUBLIC HEARING 12:32 - 12:35 A.M. The Affidavit of Publication and Certificate of Mailing was noted. Nora Ackerberg was present for this matter. Assistant Zoning Administrator Gaffron explained the request to add hardcover with concurrent hardcover removal all within the 75-250' setback zone. No one was present from the public regarding this matter and the public hearing was closed. Chairman Kelley stated he found no problem with this request, and felt that he would rather grant the additional hardcover (gravel over plastic) near the house so no basement water problems would result. It was moved by Chairman Kelley, seconded by Rovegno, to recommend approval of the hardcover variance increase of approximately 150 s.f. Motion, Ayes 5, Nays 0. 1�10�221"S A. SCHALL 605 PARK LANE VARIANCE PUBLIC HEARING 12:35 - 1:01 A.M. The Aff;'davit of was noted. Publication and Certificate of Mailing Mr. & Mrs. Charles Schall were present for this matter along with their builder, Marty Bethke. Assistant Zoning Administrator Gaffron explained the request for hardcover and setback variances to construct a new attached garage-, 2nd story room and entryway. The proposed 22'x22.' garage will be 7.7' from the north lot line, and about 3.5' from the street. Existing hardcover in the 75-250' zone is 48.8% and would increase 8.6% with the proposed addition, however with the potential of 9.0% in hardcover removals there would be a net decrease in overall hardcover. He pointed out the areas in which could be removed as hardcover. Bellows stated because of the concurrent hardcover removal that hardcover is not a major issue. She stated that she felt the access to the garage as proposed would be extremely difficult. In addition, she felt there was no hardship involved in needing the second story room above the garage which would affect the adjacent neighbor by shading their deck. 16 MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 21, 1986 #1022 SCHALL continued Mr. all stated that there are similar situated gar3 in that area that seem to have no problem with acre: Taylor also expressed the lack of hardship involved in needing the second story room. Mr. Schall stated that they need the extra room for storage basically because there is no room on the lot for a storage shed. Marty Bethke stated that the extra room above the garage i.e. extra height is mainly for roof line aesthetics to the house. He noted that it is not a full story, it would only be 3' higher on the outside. Rovegno asked Zoning Administrator Mabusth if the applicant already had the garage, would there be a variance involved to add a second story. Zoning Administrator Mabusth stated that they would issue a building permit and she would have to consult with the City Attorney to see if they could legally place a condition restricting them from adding a second story. Stan & Bette Rudd, 601 Park Lane (adjacent property owner on both sides of applicant), were present for this matter. Mrs. Rudd stated that there were not opposed to the garage addition, but feel ,that the second story would spoil the value of their house and would take away the little sunlight they have for their deck and totally block their view. She stated that the house is too big a house for the lot. Mr. Rudd stated he felt there would be a potential fire hazard involve because of the closeness of the houses. There were no other comments from the pv')lic and the public hearing was closed. Because of the neighbors rights and opposition to the second story proposal, it was moved by Bellows, seconded by Chairman Kelley, to table this matter for the applicant and neighbor to try and work out a solution. Motion, Ayes 5, Nays 0. APPROVAL OF MINUTES It was moved by Taylor, seconded by Bellows, to approve the Minutes of the March 17, 1986 Planning Commission meetinq as submitted. Motion, Ayes 6, Nays 0. 17 TO: Planning Commission FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: May 16, 19"S SUBJ: #1022 Charles A. Schall, 605 Park Lane - Variance - Second Review NOTE: Please refer to your April 21 packet material for this item. Planning Commission tabled this item to allow applicants and neighbors to consider a compromise to the height and extent of the second floor room/storage addition over the proposed garage. Staff met with the affected parties on Wednesday, May 14, and no c)nclusions were reached, although additional alternatives were uiscussed. A solution might be worked out in time for the May 19 mee ing. Any information submitted to staff Monday will be delivered to you at the meeting. A review of the site, and walking on .1. neighbor's deck, indicates to me that the neighbors concern. mainly esthetic, i.e. they will --eel "penned in" if a vc.-_ high addition is constructed; they will lose view of the lake at the end of Park Lane although this view is minimal now; and there is a potential for midwinter partial loss of sunshine to the deck if the existng roof line of Schalls home is continued. To: Planning Commission From: Michael P. Gaff.ron, Assistant Zoning Administrator Date: April, 16, 1986 Subject: #1022, Charles A. Schall, 605 Park Lane - Variance - Public Hearing ZONING DISTRICT- LR-lB APPLICATION Hai- ,over and setback variances to construct a new attached garage, 2nd story room and entryway. LIST OF EXHIBITS A- Application B- Plat Map C- Property Owners List D- Elevations, Layout of Building E- Proposed '-ditions (Survey) r- Existing Hardcover (Survey) G- Hardcover Proposed Additions and Potent4,.l Removals H- Hardcover Calculations Existing Hardcover 0-75'=4% (No ci.anges proposed) Existing Hardcover 75-250'=48.8% Proposed Additional 75-250' Hardcover = 8.6% Potential 75-250' Hardcover Removals =9.0% (Potential Slight Net Decrease in overall Hardcover) This is a 0.19 acre 1 akesh re property with a sma 1 1 existing house and attached 1-car garage exiting directly to the street. Th ?xisting garage is 1.7 feet from the right-of-way of Park Lane. There ais an adjacent parking apron on the south side of the garage. Because of the small lot area and Che existing sidewalks, Jeck, paved areas, rock beds with plastic, etc., the hardcover on this property is quite extensive. The existing house is 3.6' from the north lot line, and about 10-12' from the neighboring house. Applicant is requesting to add a 22.'x22' attached garage on the s et side of the house, loading from the outh side, plus a 5'xl6' entryw►, n the south si'e of the house. The new g- --age is proposed tc include a :.nd story room, and will _)e 7.7' from the north lot 1.,ne, and about 3.5' from the street, both technically requiring setback variances. Applicant has not specified which (if any) items o` existing hardcover will be removed; howevt•r, I have reviewed the existin(j hardcover and find that there are substantial areas that can potentially ')e removed in order to offset the increases. This is, of course, n item for Planning Commission to discuss with the applicant. FURTHER . Pt.MS FOR DISCUSSION: 1 ) Is the property large enough to jus, ify variances fora major new MEMO #1022 Charles A. Schall April 16, 1586 Page 2 of 2 structura.' audition? How will the 2-story garage addition affect .ieighboring properties? 2) Nods that wiirle this is a very low traffic area, t .e side-1 cading garage will make egress from the property easier, but wha about making the sharp U-turn into a south fang garage? 3) `l.ie 51x16' entryway as propose,'. w ; be only away from the well. State Well Code requires a " s,-tback from well to structures or overhangs for maintenance purpo:;eF. Staff would not recommend a v>Zriance to this requirement withou '� specific al,prova 1 from the Minnesota Health Department Inspector. Perhaps the entry can be redesigned. In making a recommendation to the (-,)uncil )n this r-cl consider the above information and consider whether there are demoriE- hardships justifying tre granting of the requested variances. CITY OF 6RONO - VARIANCE APPLICATIQ Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) ------------------------------------- - --lwdmk -- -- - -f-- - - ------- PROPERTY LOCATION t f Site Address (oOS ?f2VC-- � f. 3 Property Identif ication Number (P. I.D. ) 0(6 - Il 7 - z3 141 00 qq Please check one -- Is the property .--abstract or torrens? Please attach legal description to application if not included un required survey. ---------------------------------------------••----------------------------- APPLICANT Name ''�Q S ! Phone q73 "IYJ 0 Mailing Ad Tess ��� s �A�.L/C ,L�}NE ad)6 , 't,� -,.1 St3S OWNER Naa '009t,3_6 c/E Phone iai.«ng Address Date Property Acquired s— j (month/year) I Ems') (do not) also own the adjacent parcels of land. ---------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District Present Use of Pi,- rty Residential Otter (specify) DESCRIPTION OF REQUEST Estimated Constractic-. -'os7- $jO,Odd Describe request in detail: Gt .?a' X" s..�_,�r-� end f-id- i VARIANCES RXQUIRED Lot Area -it Width V Hardcover Setback Variances ( Front Side Rear) (OVER) 11ARDSH I P Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:Xk - lL ?._.�N��> / -.A-n A _ i A/ A w -_-- �"- -- - - - - - - - - --e.--------------/ - - - - - v-------- ------------------- DESCRIPTION OF UNUSUAL 'ROPERTY CONDITIONS Describe unusual prolerty conditions preventing compliance with Zoning Code Requirements: .e.�11c 4-a1 OAA.,@-s.T� -------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Applicat Dn Form. 2. Certified Property List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 3. Stamped, legal sized envelopes (#10) pre -addressed to e,. of the names on tha above list with no return address. 4. Certificate of survey including ;.ardcover calculations as required. 5. Plat Map. ------------------------------------------------------------------------ The Applicant and Property Owner must sign this application. P. e remember that your variance application is not complete if the above inform. ion 1 as not been included. --------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agreestopayallfees and/or unusual expenses incurred in review of this application, and ce.-tifies that the information supplied is true and correct to the best of his/her knowledge. Applicant J sig-ature ti��h�"'` — Date 3 -30 -YL OWNERS SIGNATURE The owner hereby ;acknowledges and agrees to this application and further authorizes reasonable entry onto the Property by City staff, consultants, agents, commission members, and Council members for purposes of inaestigation and verification of l requestUIC 41 Owner's signature C 4( _ Date 330 46 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Applicant must have all sur-nittals into the City offices 25 days beftire the Planning Commission Meet ?nq. Planning (')mmission Meetings are held ontne third Monday of each month. sr-_52�5 ` HA-Abcoue-"c C,0 j c.. 8 y 57- J �c f� . ORONO HARDCOVER CALCULATION WORKSHEET Proposed Existing LAKESHORE A. Existing B. Existing C. hardcover hardcover D. Proposed E. F. Allowed SETBACK lot area hardcover hardcover hardcover ZONE in zone in zone percentage in zone percentage percentage [ (B.A) x 100] [ (D:A) x 1001 0-75' b 1< sf 75-250' 250-500' 500-1000' Directions: 0 sf Ll (1ko !-f l SZ<- sf sf sf sf sf o� n sf _ 0 ;a :2v I to sf `f �� % 25 sf 940 3 0 sf % 35 A. Existing Lot Area in Zone - includes the total square footage of dry buildable land within the specified zone. B. Existing Hardcover in Zone - inclu-as the square footage of existing roofs, decks, sidewalks, driveways (gravel or paved) and other rain -impervious surfaces within the specified zone. C. Existing Hardcover Percentage - divide the number in B by the number in A and multiply by 100. D. Proposed Hardcover in Zone - includes the existing hardcover plus all proposed additional hardcover. -- . Pr oEed Hardcover Percentages - divide the number in D by the number in A and multiply by 100. F. Ali.,wed Hardcover Percentages - if the percentages in column E for any setback zone exceed the allowed percentages in column F, you should contact the Zoning Department at 473-7357 to discuss the possibilities of obtaining a variance. Genere'.ly, if a'concurrent removal of existing hardcover matches the additional hardcover propo::<,L;, resulting in no net increase of hardcover in a specified zone, a variance may not be necessary. r 03 Pt WIVIN 'g _ ;' <• s M { 10 'l A m^_• — N' M1 d I IP I t0 A • m. 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"7--A s r s S< k-11 �jz- l<C) qc 110 Photoura hs CITY OF ORONO File# _ Su:ldins,___.___,_ Fire,.__ _zoning Address Owner Fhcre Violation Ordinance No. Inspection Dates r Photos (Date) Inspector -- �! 17 O� t NO File Building Fire Zoning Address — Owner Phone Y Violation Ordinance No. 1 Inspection Dates I Photos (Date) Inspector Photaurapbs CITY OF ORONO a riled J -- Quilding Fire Zoning.______ Address Owner Phone Violation OrdinancC No. I- �� , `'CITY 46�(hONO file¢ Building„______ Fire -Zoning Address Owner Phone Violation Ordinance No. - Inspection Dates Inspection Dates Photos (Date) Photos (Date)_ 0 Photo-grapbs CITY OF ORONO Fi1ei d Building Fire Zoninz Address Owner Phone Violation Ordinance No. Inspection Dates _ Pnotos (Date)____ ` v. .. i• f ,, •. ONO File# Buildingfire Zoninz Address Owner Phone .� Violation Ordinance r4o. Inspection Dates Photos (Date)_. Photagrapbs j CITY OF ORONO File` C,::,djnb Fire Zon;,-p Address Owner_ Phone � Violation Ordinance No. inspection Dates Pnotos (Date)_... C1WQF ORONO Filef BuildingFire_Zoninz Address - Owner Phone Violation Ordinance No. —_ Inspection Dates Photos (Date)_ 11 Photagrapbs CITY OF ORONC) Filelf au;lding Fire Zoning - Address Owner _ Phone v;olation Ordinance No. inspection Dates Photos (Date) CITY OF ORONO Fil-I Building--� Fire.Zoning, Address Owner Phone Violation Ordinance No. Inspection Dates Photos (Date)_ Photouraphs CITY OF ORONO Building Fire Zoning_,___.,_ t Address Owner Phone Violation Ordinance %o. Inspection Dates Photos (Date)_____ - �►' i ti1;1E; QF 0 R 0 N 0 Filef Building Fire ZonirZ Address _ Owner Phone Violation Ordinance rJo. i Inspection Dates Photos (Date) Photoura CITY OF ORONO F iju: dint _ Fire � ?�sS_ Owner Prcn,e .0 v,c:ation Ord,.iancc Nc.. ins;.cction Datcs Photos (Date) _ InSnr!t-tnr As OF ORONU Filed BtI4 ding_,_______ Fire Zoning Address Owner n h a I Foe Y Violation Ordinance PJo. Inspection Oates Photos (Date)_, I.'k—A •t:+. Photourapbs CITY CF ,yp File iLu i3ui;C,n� Five Zon�� A:.:C!eSs i Owner Phone Vio:ation Ordinance No. Inspection Oates Photos (Date) Inspector F OR, 0 ' File# ng------._-___._ Fire -Zoning Address Owner r hcne is Violation Ordinance No. Inspection Dates Photos (Date)_ Oul.! TO: Mayor r atler %U •1z# Mark Bernhardson, City Administrator �Iy Orono Council Members.] FROM: Orono A. Mabusth, Zoning Administrator DATE: August 21, 1986 &OHJ: #1026 M. Hilbelink/J. Vogt, 1060 Old Crystal Bay Road - Preliminary Subdivision - Resolution - Request by applicant to reopen preliminary subdivision review. Review enclosed request by applicants. The final resolution of the access issue by Council at your August llth meeting was as follows: 1. Do away with flag lot - Lot I was to grant an access easement in favor of Lot 2 for private driveway purposes over northern portion of Lot 1. 2. Access of Lot 3 was to be off Watertown subject to staff approval. 3. 25 foot wide outlot to be platted along west lot lines of Lots 2 and 3 up to southeast corner of Lot 1. 4. Any future subdivision of Lots 2 and 3 may create the need for a private road which must be built per City specifications. 5. City finds no need for a north/south road commitment at this time. The applicants claim this would result in a waste of money and duplication of efforts in requiring the installations of 2 major driveways that would have to be removed at the time of a later subdivision. They now ask that you approve a shared access to Lots 2 and 3 via a shared driveway on east side (review applicant's :ketch) based on the following: 1. assure abi lity to have both houses face west with walk -outs to the rear; 2. reduce number of curb cuts f-om 2 to 1- 3. reduce road construction costs. The current sketch plan does not show e platted outlot but rather what appears a shared driveway via easements. Applicants have advised staff that they planned to designate a 50 foot wide road outlot with 100 foot cul-de-sac at-d no easements to north property line because of Council's descisi.on on the north/south through road. It is not clear from sketch and applicants previous discussions with staff hew applicant wishes to proceed. Zoning File #1026 August 20, 1986 Page 2 of 2 Staff has no problem with r_ 71 access along east lot line - applicant should be advised that Hallson Estates may be required to access via the future private road. If shared access is provided on east, staff sees no need for additional access designations along west lot lines. Internal access with the future development of the corner lot can be provided within the boundaries of the property. COUNCIL ACTION - direct staff to make the necessary amendments to resolution granting preliminary approval of 3 lot plat. ZONING FILE NO. C 026 /J CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 5532; 473-7357 Date of Notice: 8/18/86 ----------------------------------------------------------------- TO: John Vogt COPIES: Mrs. Harold Peterman 107 Lakeview Avenue 160 Old Crystal Bay Road Long Lake, MN 55356 Long Lake, MN 55356 Mike Hilbelink 1020 North Brown Road Long Lake, MN 55356 ----------------------------------------------------------------- TYPE OF APPLICATION: XX Subdivision -------------------------------------------------------------- DATE OF MEETING: 8/11/86 VOTE: 4 For 0 Against COUNCIL ACTION - MOTION: To approve your preliminary plat application pending resolve of the access as follows: 1. Access to Lot 2 shall be via a private easement - platted corridor of Lot 2 must be removed. 2. 25 foot wide outlot platted along west lot line of Lots 2 and 3 up to southeast corner of Lot 1. 3. Access to Lot 3 must be approved by City staff. 4. Any future subdivision of Lots 2 and 3 may create the need for a private road which must be built per City specifications. 5. Finding that there is no need fo!- a north/south road commitment at this time. At your request, staff has scheduled your appearance before the Council at their August 25th meeting to discuss your counter offer for access to site. Please get all written comments and plans to City office by Wednesday a.m. at the latest. If you desire certified copies of the official Council minutes, they are available from the City Recorder or City Clerk after review and approval by the City Council. August 23, 1986 Q L @�U Re: Subdivision Peterman Farm AUG 2 To: Council members and Staff �19�r Dear Orono Representatives, After receiving the recommendations of the council, we would like to offer one final solution to this subdivision. The Buyers of Lot #2 and ourselves have gotten together and decided. -to combine one road along the east line of Lot #2 and #3 for a common drive. This will assure each of us of west facing homes with walk -outs to the rear. It will close off the 50' corridor north of Lot #1. -It will protect each owner from being forced to build a completely new road sometime in the future. It will.reduce the number of curb cuts to one instead of two, and it will satisfy the owner of the corner home who has no intentions of dividing her property, and does not want any road abutting her lot. We hope that this proposal will be favorably received by all members involved in this division. Thank you. ,Sincerely, Mike and Ann Hi belink =� ,; / John and Maureen Votg See attached Exhibit: A N I I I � of LOT 2 �I p I UI:G F, { OrNM�e Mltnen}t I CIJ I la: �I -i o � � � r zoo � • w v• ( I� LOT 3 3 XI 3 �cl ' I — — -- --- -- -- M.M...�r"..00 WATERTOWN ROAD !l A0 — -_ — - SouA 1.,#e of the SW % of me 9t 4 I I I I II LOT 1 b IIIf� NrotE \ \ \ �`• M \ ~ I IIIM �.��,► I0 41+10 908'5943"E L South line tf Me Ner/h 5.41 Ch4ins ( 35706 rrf) � M 10; EDITION 10.206-10.207 deter or hinder the luc department from gaining immw'diatc access to said equipment or hydrant. A minimum 3-foot clear space shall he maintained around the circumference of the fire hydrants except as otherwise required or approv: d by ~" the chief. Fire Apparatus Access Roads 1 Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. (b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access. EXCEPTIONS: 1. When conditions prevent the installation of an approved f ire apparatus access road, the chief may permit the installation of a fire -protection system or systems in lieu of a road, provided the system or systems are nut otherwise required by this or any other code. 2. When there are not more than two Group R. Division 3 or Group M Occupan- cics, the requirements of this section may be modified, provided, in the opinion of the chief, fire -fighting or rescue operations would not be impaired. (c) Permissible Modifications. Clearances or widths required by this section may be increased v.hen. in the opinion of the chief, minimum clearances or widths arc not adequate to provide fire apparatus access. For high -piled combusti- ble storage sec Section 81.109. - (d) Surface. Fire apparatus access roads shall be designed and maintained to aratus and shall be provided with a surface so support the imposed loads of fire app as to provide all-weather driving capabilities. (e) Width. The minimum unobstructed width of a fire apparatus access road shall be not less than 20 feet. - - (f) vertical Clearance. All fire apparatus access roads shall have an unob- structed vertical clearance of not less than 13 feet 6 inches. EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. (g) Thrning Radius. The turning radius of a fire apparatus access road shall be _ as approved by the chief. (h) 7Lrnarounds. All dead-end fire apparatus access ruau� in excess of f feet in len th shall be provided with approved provisions for the turning around of ire apparatus. (i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. U) Grade. The gradient for a fire apparatus access road shall not exceed the maxtnu,m approved by the chief. (k) Obstruction. The required width of any fire apparatus access road shall not be obstni.ted in any manner, including parking of vehicles. Minimum required 41 AUU Io ^ To: Council Members cc From: Michael P. Gaffron,".'fg Assistant Planning & Zoning Administrator Date: August 20, 1986 Subject: #1046 Douglas Zumbusch, 1535 Long Lake Boulevard - Variance/Conditional Use Permit - Resolution This is a request to replace an existing lakeshore stairway and replace or add certain retaining walls in the lakeshore yard, either to preserve existing trees or to create a safer area for mowing. The original proposal reviewed by the Planning Commission included approximately 9.2% hardcover in the 0-75' zone. Planning Commission tabled this in June so applicant could revise plans and provide a survey. The plans were revised to have the stairway treads and landings of porous gravel over geotechnical fabric, hence final 0-75' hardcover is proposed at 4.8%. Planning Commission recommended 6-0 to approve based on the above revisions. The property has been surveyed but no Certificate of Survey has been submitted as of this writing. Staff recommends approval per the attached resolution, subject to requiring that a Certificate of Survey be submitted prior to issuance of a permit for the proposed structures. ZONING FILE NO. 1046 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 8/21/86 ------------------------------------------------------------------- TO: Douglas Zumbusch COPIES: Rob LaFavor 1782 Tamarack Drive Otten Bros Nursery Landscaping Long Lake, MN 55356 P.O. Box 268 Long Lake, MN 55356 TYPE OF APPLICATION: XX Variance/Conditional Use Permit -------------•-------------------------------------------- DATE OF MEETING: 8/18/86 VOTE: 6 For 0 Against Planning Co=ission recommends the following: XX Approval: Subject to conditions noted below NOTES AND SPECIAL CONDITIONS: Treads and landings to be rock/gravel underlain by geotechnical fabric. This item will be placed on the Council agenda for Monday, August 25, 1986 for final action. Please review the attached proposed resolution which will be presented to Council for approval. ----------------------------------------------------------------- Applicant's next scheduled meeting is confirmed as: Council Monday August 25, 1986 If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. A RESOLUTION GRANTING A VARIANCE '-1 MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8 AND SECTION 10.03, SUBDIVISION 19 AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.22, SUBDIVISION 2 FILE #1046 WHEREAS, Douglas Zumbusch (hereinafter "the applicant") is the owner of the property located at 1535 Long Lake Boulevard within the City of Orono (hereinafter "City") and legally described as follows: Log 19, Block 1 Albee's Long Lake Addition, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has made application to the City of Orono to permit the construction of a stairway and retaining walls constituting 4.8% hardcover within 75' of the lakeshore where such structures and hardcover are not normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #t1046. 2. The property is located in the LR-lA Single Family Lakeshore Residential Zoning District. 3. The property is approximately 0.22 acres in area. 4. The Orono Planning Commission reviewed this application on August 18, 1986, and recommended approval of -he proposed variances to Section 10.22, Subdivision 2 and 10.53, Subdivision 8 and a conditional use permit per Section 10.03, Subdivision 19 based on the following findings: A) The steep slopes of the lakeshore yard necespitate the stairway for safe access to the lakeshore. B) The retaining walls proposed are necesary for protection of the existing vegetation on the property and for safety of the occupants when mowing the lawn. Page 1 of 4 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this fining district; that granting the variance would not adverse:. y affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the appli- cant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that granting a conditional use permit to allow the stairway and retaining walls will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.55, cubdivision 8 and 10.22, Subdivision 2 to allow the construction of stairs and retaining walls constituting 4.8% hardcover and structure within the 0-75' setback zone, and grants a conditional use permit for such improvements per Zoning Code Section 10.03, Subdivision 19 subject to the following conditions: 1. Applicant shall provide suitable erosion protection measures as required by the City Inspector during construction. 2. Stairway construction shall be at shallow depths (6"-8" into existing surface) to avoid conflict with the existing septic system drainfield lines. 3. Landings and stair tread area shall be loci_ gravel underlain by porous geotechnical fabric. 4. Construction of the walls and stairway shall conform to the plans as approved by the City, and the applicant shall obtain a building permit for the stairway prior to construction. 5. A Certificate of Survey shall be submitted prior to issuance of the building permit. Page 2 of 4 6. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit, within one year of the date of Council approval, or the special coditions of this resolution will expire on that date (August 25, 1987). 7. 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. 8. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 25th day of August, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Property Owner(s) Page 3 of 4 To: Planning Commission Members From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: August 13, 1986 Subject: #1046 Douglas Zumbusch, 1535 Long Lake Boulevard - Variance/Conditional Use Permit - Second Review This item was tabled at your 7/21/86 meeting pending: 1) Staff to verify location of drainfields; 2) Applicant/Landscaper to reduce amount of hardcover in steps; 3) Applicant to provide survey of the property. We have located at least 3 of the drainfields, and they appear to be 18"-24" below the surface. Since the stairway is designed to be not more than 6" into the ground, we anticipate no problems as far as disruption of septic system. The landscaper informs me that all installation will be handwork, with no heavy equipment on the site. The landscape architect has indicated that the stairs and landings can be constructed with pervious, non -hardcover platforms, hence the proposed hardcover will consist only of 6" wide ties as a framework or retaining wall system. This reduces the total proposed 0-75' hardcover from 9.2 % to 4.8 %. The applicant has had the property lines staked, and a certificate of survey forthcoming. The property lines are approximately as shown on the site plan submitted, hence we expect no problems with encroachment into the fire lane/access to the immediate west of the property. Staff Recommendation: Based on the revision to reduce proposed 0-75' hardcover to 4.6%, staff recommends approval, finding that the steep slopes are a hardship that necessitates the stairway, and that the retaining walls are necessary for protection of the property and its occupants. Approval subject to the following conditions: 1. provide suitable erosicn protection measures as required by City Inspector during construction; 2. stairway construction to be at shallow depths as proposed to avoid conflict with existing drainfield lines; 3. landings and stair tread area (except 6" wi,ie tread timber) to be porous non -hardcover surface; 4. applicant. to provide certificate of survey prior to Council review. t ,-I G. �'+ APPi?,,VEU MINUTES OF THE PLANNING COMMISSION MLETING HELD JULY 21, 1986 #l-a*..: ERICRSON/RIZZOLO continued It was moved by Chairman Kelley, seconded by Br-llows, to recommend approval per staff recommendations #1, 3, and 4 and eliminate condition #2 to eliminate the access from the garage stairway to the apartment. Motion, Ayes 4, Nays 2. Callahan and Goetten voted nay. Callahan stating that he was opposed to approving this application for policy reasons in general and also because it may be inconsistent with the new development of the neighborhood in which this house is being built. Goetten stating that she has been opposed to this type of application because the city has no policy established and that they tend to be on substandard lots. #10 DOUGIJ S J. ZUMBUSCH 5 LONG LAKE BOULEVARD CONDITIONAL USE PERMIT PUBLIC HEARING 8:14 - 8:28 The Affidavit was noted. of Publication and Certificate of Mailing Douglas J. Zumbusch was present for this matter. Assistant Zoning Administrator Gaffron explained th request to replace/construct new retaining walls an.. construct, new stairway to lake within the 0-75' zone. Staff finds no problem with the retaining walls. The material to be used in the two landings is not finalized. He noted that the location of the drainfield lines are unknown at this time. He also stated that staff recommends obtaining an actual survey. Douglas J. Zumbusch was present for this matter and stated that they propose brick landings and step treads and that the landing nearest the lake is mainly for a picnic table use. Planning Commission felt that the amount of hardcover in the proposed stairway plan could be reduced. o one was present from the public regarding this matter .nd the public hearing was closed. It was moved by Chai Kelley, seconded by Goetten, to table this request pLnding a survey with drainfield location and a plan 'o reduce the amount of hardcover in the stairs. motion, Ayes 6, Nays n. 8 TO: Mayor Butler Mark Bernhardson, City Administrator Orono Council Members Planning Commission Members FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: July 18, 1986 SOBJ: #1046 Douglas Zumbusch, 1535 Long Lake Boulevard - Variance/Conditional Use Permit - Public Hearing Zoning District - LR-lA Application - Construction of retaining walls and new stairway to lake. List of Exhibits A - Application B - Plat Map C - Property Owners List D - Site/Landscape Plan with E - Composite site plan with F - Staff sketch Pertinent Ordinances hardcover review neighbor's survey -10.22 Subd. 2 - No structures or hardcover in 0-75' -10.55 Subd. 0 - No structures or hardcover in 0-75' -10.03 Subd. 19- Requires Conditional Use Permit for retaining walls on lakeshore property Discussion - The applicants are requesting the variances and Conditional Use Permit necessary for construction of -taini ig walls and stairs in their lakeshore yard. There are <-) o l d railroad tie walls existing now, one around the lindens on the east si le near the lake, and one higher up, on the west side. There is a rail fence now along both sides .�f the lot near the lake. The existing steps on this steeply sloped lakeshore yard consist of 8"x 8" railroad ties, 6' long, dlaced every three feet with gravel/grass between them. These ties are starting to decay, so the request to replace them is understandable. The tie .ills along Ether side near the lake are intended to be about high to remove the existing drop-off near the fence which is dangerous to mow when the grass is wet (see exhibit F-1). The tie wall enclosures around the linden trees are starting to rot and appear necessary if the trees are to remain there. The stairway is proposed to be constructed using stringers and wooden treads, t ' ..ough it is not clear exactly what portion of the steps will be hardcover. The two landings 4'xl6' and 8'x'.. ', are not finalized as to surface material, according to the landscape planner. This would have an effect on chQ f rcentage Zoning File #1046 July 18, 1986 Page 2 of 2 of hardcover in the 0-75' zone. We normally allow a maximum 4'x4' landing if it is 100% hardcover for lakeshore stairs such as these. There is a concern that the stairwa nd upper landing will be over the existing drainfield lin( .Ve know that the general location of the drainfield lines i. ,wnhill from the house and running across the slope, but we do-.z't know how deep or how long they are. The house was built on this 9,700 s.f. lot (0.22 acre) in 1972 with a variance. The existing drainfields are undoubtedly less than 75' from the lake and are currently working well with no visible seepage u: discharge, but no possible way to replace the system other than a Bolding tank if future problems occur. Staff Recomerdation - It appears _t the proposed walls are intended for (and necessary for) either safety purposes or to preserve existing features such as trees and slopes. The slope is steep enough that a stairway is a reasonable request. Staff does not see the necessity of the two landings but would find them less objectionable if they are constructed with a permeable fill to minimize the hardcover. Approval might be conditioned upon: 1. Providing suitable erosion protection measures as required by City Inspector during construction. 2. Stairway construction to be at shallow depth only, to avoid conflict with drainfield lines. Strongly recommend no heavy equipment. 3. Since applicant has not provided an actual certificate of survey, and because this is adjacent to City fire lane and lake access, which has had encroachment problems befor a survey should be required in order to verify the lot li_-!s and keep all improvements within the property boundaries. 4. Landscape crew to meet on the site with Inspector (Oman or Gaffron) prior to construction to attempt to verify drainfiled line location and depth. G�Pr t _�_ ,[,� �1,C CITY OF ORONO V Lk F� GENERAL LAND USE APPLICATION , ------------------------------- PROPERTY LOCATION .. _., Site Address 1535 LONG LAKE BLVD. , LONG LAKE,MN 55356 Property Identification Number ;P.I.D. ) 26-118-23 33 0014 Please check one - Is the property x abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Name Otten Bros. Nursery & Landscaping, Incl>hone 473-5425 P. 0. Box 268 LONG LAKE,MN 55346 Mailing Address 2265 W. Wayzata Blvd. --------------------------------------------------------------------------- OWNER Name DOUGLAS J.ZUMBUSCH Phone 473-8080 Mailing Address 1782 TAMARAC" DR. , LO"G 1,AKE,'"e 55356 Date Property Acquired 8/85 (month/year) I Nak (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- FEES - CONDITIONAL USE PERMITS $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use X $200.00 f) Land Alteration Grading and filling - 101 cu. yd. �.)r more Seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS $150.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision OTHER APPLICATIONS - CONT. $250.00 Rezoning $200.00 Appeals Other - see fee schedule -------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District Present Use of Property i- Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST To replace existing R.R. Tie retaining walls and Describe request in detail: steps with new landscape timbers. In addition to this, a_request is made to add 2 - 24" retaining walls on property edges to improve turf mowing safety. REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtai this list from Hennepin County Department of Finance A-603 Governmen Cernter 348-3271) 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the name on the above list with no return address. 4. Certificate of survey. 5. Construction plan, if applicr',Dle. 6. Plat Map. ----------------------------------------------------------------------------- The applicant and Property Ownc.r must sign this application. Please remember that your application is iot complete if the above information has not been included. APPLICANT'S SIGNATURE applicant hereby agrees to provide all information required or ested by the Zoning Admin_.strator, agrees to pay all fees and/or :jal expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. ,J , Applicant's signature (�5Y*A/ 1�n5- Date C 2S Srz OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature .(_ ! �.irA -r< . -� i �/ Date )v 'V fc- --------------------------------- ------------------------------- I• --------- Applicant must have all submittals into the City offices 25 clays before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. ry I ✓. rc JOHNStON'S j )N �OPY01P q�E s 3 N i R RRAN E ,00 T3 o do cs. 1j tzI sf 0 r� ALBEE _ 10• o 6 p� 10 i u LAKE M c ? as• _ _, R.L.S. 20 - l � �� ✓� � R.M. '"21 i . LO � R. L. S. re -Open os E.25 Lot 18 481Mc.5310 r a• 4 �yl Al); 5 1� NO. 13 79,5 a Li (X RUN DATE 06/24/86 Oft EATCH 003 38 26-118-23 33 0001 ok PPOP ADDR 01486 LONG LAKE BLVD Ol-'NER NAME J W GARDNER I A L GARDNER TAXPAYER ANITA L GARDNER NAME/ADDR 1486 LONG LAKE BLVD /k CROW MN 55356 38 26-118-23 33 0005 PROP ADDR 01520 LONG LAKE BLVD Cl:ER NAY.E P L HANILY i J B FARRELL TAXPAYER PATRICK HANILY/JAMES FARP.ELL p► !UME/ADDR 2660 ORCHARD LA EXCELSIOR hL4 55331 /k 38 26-118-23 33 0003 P;OP ADDR 01570 LONG LAKE BL`1D 0,1XNER NAMZ C E TRU-IAN ETAL i► TAXPAYER CHARLES ` TRUMAN 1570 LCi<i LAKE BLVD LOPS LAKE tN 55356 r 38 26-118-23 33 0013 Fn0? ADDR /k cvNIrA t!ArE STATE LA`:D DEPT TAXPAYER CITf OF ORONM NAME/ADCR % WALTER R BENSON CITY ADM ORONO MN 55391 oft 3 26-118-23 33 0021 /► F'iCP ADDR 00383 DAKOTA AVE C:-';ER NAME D A C WOODWARD TAXPAYER DAVID 4 CYNTHIA WOODWARD NAME/ADDR 88A DAKOTA AVE LON;; LAKE MN 55356 pft� 36 26-118-23 33 0027 PPOP ADDR 01480 LONG LAKE LLVD =.'ER NAME ANITA 3 KEITH VANDER BRANDEN TAXPAYER K R VANDEN BRANDEN sk NAME/ADDR 1480 LO!!G LAKE BLVD LONG LAKE Mtl 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 26-118-23 33 0002 01490 LOtr LAKE BLVD GLADYS B TESCH GLADYS B TESCH 1490 LONG LAKE BLVD LONG LAKE Mtn 55356 38 26-118-23 33 0006 01530 LONG LAKE BLVD GRANT 0 EGGENBERG GRANT 0 EGGEt:"ERG 1530 LONG LA_- BLVD LUZS LAKE rA 55356 38 26-113-23 33 0011 01575 LONG LAKE BLVD EDNA H ALBEE EDNA H ALBEE 1575 LONG LA!','- BLVD LONG LAKE tN 55356 38 26-118-23 33 0014 01535 LONG LAKE ELVO D J Z,:", ,USCH 3 B M ZUMBUSCH DCUGLAS J i BERNICE ZUP:-USCH 1535 LONG LAKE BLVD LONG LAKE MH 55356 38 26-118-23 33 0022 00908 DAKOTA AVE S R KNUTSC14 I J A KtPJTSON SCOTT R i JULIE A KNUTSCH 908 DAKOTA AVE N ORONO MN 55356 38 26-118-23 33 0031 01580 LONG LAKE BLVD HARRY R SMITH MERRIAM S ANOERSON 8301 STANLEY RD APT 103 BLOOMINGTON PIN 55437 REPORT NO. PI435401 PAGE 6 38 26-118-23 33 0004 01516 LONG LAKE BLVD MILDRED A SUNG MILDRED A SUND 1516 LONG LAKE BLVD LONG LAKE MN 55356 38 26-118-23 33 0007 01540 LONG LAKE BLVD ROBIN E CRAWFORD ETAL R03IN E LAKE 1540 LONGG LAKEE BLVD LONG LAKE PGA 55356 38 26-118-23 33 0012 01545 LONG LAKE BLVD J E BIGHAM 3 C A BIGHAM JAMES & CYNTHIA BIGHAM 1545 LONG LAKE BLVD LONG LAKE M24 55356 l Apl, 1 33 26-1I8-23 33 0020 008E4 DAKOTA AVE JAMES F HANSCN i WIFE JAMES F L LESLIE ANNJ HANSON 884 DAKOTA AVE LONG LAKE MN 55356 38 26-118-23 33 0026 01590 LONG LAKE BLVD RICHARD K ENGMAN ETAL RICHARD K ENGMAN 1590 LONG LAKE BLVD LONG LAKE MN 55356 38 35-118-23 22 0001 01485 LONG LAKE BLVD KURTIS A GREENLEY i WIFE KURTIS A GREENLEY 1435 LONG LAKE BLVD LONG LAKE HN 55356 i 0- p' RUN DATE 06/24/86 r BATCH 003 38 35-118-23 22 0002 r PROP AOOR 01525 LONG LAKE BLVD 06NER NAME L W CAPRON ETAL TAXPAYER L W CAPRON NAME/ADDR 1525 LONG LAKE BLVD ok LONG LAKE MN 55356 7 PROP ADDR GIVER NAME TAXPAYER TOTAL BATCH A N .ME/ADDR CO3 00021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 3S-116-23 22 0003 01509 LONG LAKE BLVD JAMES E COPLIN A WIFE JAMES E COPLIN 1509 LONG LAKE BLVD LONG LAKE MN 55356 REPORT NO. PI435401 PAGE 7 36 35-118-23 22 0004 01S05 LONG LAKE BLVD JAMES D WEYHE ETAL JAMES D WEYHE 1505 LONG LAKE BLVD LONG LAKE MN 55356 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REFRESENTATIO4 OF INFORMATION AS IT 4!3FEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT Or rOPERTY TAXATION• TO E BEST OF MY KNC'wLEDGE AND BELIEF. DATE p L 8—'ma'd v s'Aseur mWWAY 4 ftsp Q ALA Rssu R's, NaC 1 L4 t • 4wo AM 75- JJ4(�L AIC40tS% I A A on on tb.; 11. o f "0 st .gig 0 2 t tr part of n in P - T OF LC,r I If 161.8119-5 LOW- I." Al :11 L If 3 a LZI." L—v p"Up U. ice Ad!itior", t3 1j..xnt3, 1.1 811Y, vi:,it lo ancrorc, I t e -,,�,h -Ufa. Lot 1' Lot 16. ,A hLI! of said Lot 1r V.1"RA ATO lins the zu. -ni 1.123�t bounm1pric!. of sal,J Lot, 1f. GUIM)N R. COFFIN CU.,INC. S AoG'r- T f W^$ 072-- w41d— -M NN}'�-t %r o ,J K P -r-o " r)"h - Fc-ry c-�E- '. 4•vs. (Se•�s)�`lb•�c.� s!S'ie �Z'pv' �� - �" Tft-s• laeo �L. 7♦s.., 1�• 3t:7 3 w !� ' r4 A IS / / /� iq uV ire.•• .ti s •..N,.P I. +! •.wr •pr. • + ..✓ t:"N ° ; F M•+•e•. .. 'r.�l r • '�...rc. � / � w pr:•L � � / - ' •� .a�fJ r I �'' Ito F- I '��� .:y'. .fV .r' r+wrf .^ry....r. v=9 .Ey• �( r FI IT r •t .c',i .•rA+:•.r. r Lfr:K. t.t TM' .T Fy ik// '/ ,, r'.• Grp _,} zf t / a^.. •.. '/:. + '.AiS } lik r� hI ♦ 4B �1 D--2s ' N,F.:Drcer..t Ca«. - twist-� P-i3-Bf: E:ae.t •rtr.p wAw:.ctirr_w..a•++e•: -r^ of Pe...[s� 'w.ew e.r.we. cr.' .p.s' = 44 •.�. - s�f•�. tre•r• �,•T rt. re.s• IV.S• t i! • 222•S ��. �.-.1•w.f.. fS•-.-. ti•sa ris 4r/b . t ✓ 4•�L �S ft:r^•.f "1 rsl-'uia+�W. To: Orono Council Members AUK From: Michael P. Gaffron, Assistant Planning & Zoning Administrator "fig �4td� Date: August 20, 1986 Subject: #1061 Larry and Linda Cook, 3765 Watertown Road - Variance - Resolution Applicant is requesting a side setback variance to construct a horse barn. Request is for 10' setback rather than 150' required setback. Planning Commission reviewed this at their August 18, 1986 meeting and recommended approval subject to requiring a 50' side setback rather than the 10' requested, and applicant is to provide written letter of no objection from the Butterfields who are the most affected neighbor. A resolution reflecting the Planning Commission recommendation is attached for your review. ZONING FILE NO. 1061 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay. MN 55323 473-7357 Date of Notice: 8/20/86 ----------- ---------------------------------------------------- TO: Larry & Linda Cook COPIES: 3765 Watertown Rd. Maple Plain, MN 55359 ----------------------------------------------•------------------- TYPE OF APPLICATION: XX Variance ------------------------------------------------------------------ DATE OF MEETING: 8/18/86 VOTE: 6 For 0 Agair: PLANNING COMMISSION RECOMMENDS THE FOLLOWING: X Approval: Subject to conditions noted below NOTES AND SPECIAL CONDITIONS: Recommended appru:al Uubject to requiring a 50' setback from the east lot line rather than 10' proposed. NOTE: This item has been s.:..,eduled for the Monday August 2S, 1986 Council Meeting (meeting starts at 7:00 pm). The a, -cached propose resolution will be presented for approval at that meeting. Applicant's next scheduled meeting is confirmed as: Council August 25, 1986 If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. TO: Mayor Butler Mark Bernhardson, City Administrator Orono Council Members Planning Commission M '-)ers FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: August 7, 1986 SDBJ: #1061 Larry and Linda Cook, 3765 Watertown Rd. - Variance - Public Hearing Zoning District - RR-lA, 5-Acre Rural Residential Application - ' Setback Variance for Horse Barn List of Exhibits - A - Application B - Plat Map C - Property Owners List D - Survey Pertinent Facts - -Lot Area = 5.06 acres +, excluding road -Allowed 3 horses total on property -Proposed side setback: 10' -Required side setback: 150' -Variance: 140' or 93% -Total lot width 196.5' Discussion - The applicants are requesting a side setback variance to a_ Low construction of a 20'x30' horse barn to be locar-od 10' from the east lot 1 i t . The proposed barn wi 11 be 150' from a ? 1 of f site resider ,iF.. Swellings. You will note that the Putterfield Greenhouses gre somewhat closer, directly east of the proposed barn and pernaps 50-75' east of ti:e lot line. No comments from Butterfield have been received as of this writing. Planning Commission should ask applicant to explain reasons why barn is proposed to be locate ne•�r the east lot line rather than centered on the prc*. whLre a 80-90' setback from both side lot lines is possib) Staff Recoaendatior - A recommendation for approv, would have to be justified by finding: 1. No objection by affected neighbor Butterfield (suggest you require a written non -objection). 2. No detriment to neighborhood. 3. Does not alter character of neighborhood. In order to recommend approval of this application, Pla. ing Commission would also have to find a hardship to justify the variance request. / ��`�� ^%t' /O�k0✓f c piT r 7LA'''� - NEz ]ll /ter• 'iK r arm �f C L- ` CITY OF - vrA IANCE APPLICATION Initial Application Fede� $150.00,)($50.00 per each additional variance) Renewal Variance Fee $75.00 (no•change from original application) After -the -Fact Fees (Double application fee) --------------------------------------------------------------------------- PROPERTY LOCATION Site Address 3 7&S' 164 i E4e 7-p4,y 2) M 6Pi-E R*, ti Moi Property Identif ication Number (P. I. D. ', 3 2 - / / 8 -2.3 3g UO/D Please check one - Is the property abs*:act or torrens? Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Name LAIRY _L.4 L.,4uD,9 M. COOk Phone 1760 -4s39- &L4S,vRsS 93 -374 ) Mailing Address 3 7 G .S` W -rc,,?To c✓ )/ kl> M t/oc &: F& 41-1,v AL Ss 13 315-1 --------------------------------------------------------------------------- OWNER Name �/NP�2Y �. L/,vDA /Vi• 0-60K Phone 47(r- ¢5-31 So 1.v6zs 3 - 71 Mailing Address 376S- V1-7-r27bw,y An A% cE Amy S.S,3S 9 Date Property Acquired A G )9 e S (month/year) I (do) (do not) also own the adjacent parcels of land. ---------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District tc - 1A Present Use of Property Residential Other (specify) ---------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ j 000 Describe request in detail: Q:C,)(4,Fr5r-yi�2i�•yc`� 'TD 8v,�.� 3o-►'2I� $�!h! �1` /0" . �y"i :��p� R2oia;e ry -vim --- ----------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances ! ^�ont Side Rear) Other --------------------------------------------------------------------------- HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:_ C 9�✓tio �- �z o vi •o.E �o �e �e� C,/E,v Tr f It a,,y L 4Vti0 7-0 DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements:_ Zye, �JI�� /�.ev/EITY P� Ed�.✓r5 _C o .y.ot �.py✓C cyiTisi 4s fl' --------------------------------------------------------------------------- RBQUIRED SUB14ITTALS 1. Completed Application Form (2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. Plat Map. ------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. -------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application., and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature ( o� Date..—z /7BG O' MER S SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agent:;, Commission members, and Council members for purposes of investiga- tion and verification of this request. Owner's Signature ��� L� 6-�qate`�c 4 ---------------- ------------------- -...... ---------� ------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of e.ch month. RUN DATE 07/18/86 BATCH 002 38 05-117-23 21 0002 PROP ADDR OWNER NAME JOHN BURGER ETAL TAXPAYER JOHN BURGER NAME/ADDR 3750 BAYSIDE RD LONG LAKE MN 55356 38 32-118-23 33 0003 PROP ADDR 06NER NAME STATE OF MINK TAXPAYER STATE OF MINK NAME/ADDR PPOP ADDR OWNER NAME TAXPAYER TOTAL BATCH NAME/ADDR A e 002 00006 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 32-116-23 31 0004 03760 WATERTOWN RD CATHARINE A CRAM CATHERINE A CRAM 3760 WATERTOWN RD MAPLE PLAIN MN 55359 38 32-118-23 34 0009 03743 WATERTOWN RD G F BUTTERFIELD ETAL GEO F BUTTERFIELD 3745 WATERTOWN RD MAPLE PLAIN HN 55359 REPORT NO. PI435401 PAGE 2 38 32-118-23 33 0002 03785 WATERTOWN RD JAMES F BROOKS JAMES F BROOKS 3785 WATERTOWN ROAD ORONO MN 55359 ` 38 32-118-23 34 0010 1 03765 WATERTOWN RD DAVID M KENNEDY ETAL LARRY L COOK q 3765 WATERTOWN RD t i ORONO MN 55359 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPE T TAXATION. T E BEST OF MY KNOWLEDGE AND BELIEF,,�/ OAT 7 9Y IbrIbAm �T W ;­m -lids F Ile Saw I 41 36:20 O 4 2 T 3J20 4 jI 41 48 53 j CertIfIcat, of Survey for Larry Lavern Cook In the SE % of the SW % of Section 32-118-23 Hennepin County, Minnesota 4- 1 Lr) �1 .dwrs � '• .!t:C.. F, ,.yam 1 herehy certify that this is a true and correct representation of a sur- vey of the boundaries of the Nest 196.50 feet of the Southeast Quarter of the Southwest Quarter of Section 32, Township 118 North, Range 23 West of the 5th Principal Meridian, lying South of the centerline of Watertown Road, and of the location of four existing buildings. It does not purport to show any other im- provements or encroachments. r COFFIN d GRONBEP'.G, INC. Mark S. Gronberg ME Lic. No. 12755 Gordon R. Coffin MN. Lic. No. 6064 w4rl/over/z£ta.F Engineers, Land Surveyors, Planners 5wr4.rs" Long Lake, Minnesota Scale: 1 Inch . 100 feet Date July 24, 1986 o Iron marker I% 0 /JS dr Yl t jA G�eenho�ses 01 THIS ITEM HAS BEEN NICROHMED �;k-trh for G-orp- F. iNitt-irri-1 d of pPrt of 6o>>thw-iat 1/6 0' : action 32-118-23 ?hcr„in- proposed :subdivision Scala: 11, = l or l LAt4 I-2-7n Not ThIllAn. loc�tionn Fr•i ApproximAts, rnt: Ar' '•rm « sk- llch by "mE-r Mick, cpt,m : i-14-02. Gordon R. Co` fln, :.nnc 0-lirv'Lo^ LonLr LAkq, M!nnnsr�.te A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.02, SUBDIVISION 65 FILE #1061 WHEREAS, Larry and Linda Cook (hereinafter "the applicants") are the owners of the property located at 3765 Watertown Road within the City of Orono (hereinafter "City") and legally described as follows: The West 196.50 feet of the Southeast quarter: of the Southwest quarter of Section 32, Township 118 North, Range 23 West of the 5th Principal Meridian, lying South of the centerline of Watertown Road (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.02, Subdivision 65 to permit the construction of a horse barn located less than the requited 150' setback distance from the side lot line. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1061. 2. The property is located in the RR-lA Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 18, 1986, and recommended approval of the proposed variance subject to a 50' side setback rather than the 10' side setback requested, finding that the proposed structure will be more than 150' from any nearby residence buildings, also subject to applicant providing wri"ten notice of non -objection from the affected easterly neighbor. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 1 of 3 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.02, Subdivision 65 to permit the construction of a horse barn to be located 50 feet from the east lot line where a 150 foot setback is normally required, subject to the following conditions: 1. Applicant is advised that the maximum number of horses allowed on this 5.06 acre property is 3 horses. 2. Authciities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (August 25, 1987). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 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 recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 25th day of August, 1986. ATTEST: Dorothy M. Hallin, City Clerk Property Owner(s) Mary C. Butler, Mayor Page 2 of 3 To: Mark Berah an, City Administrator ''`�1986 From: John R. Geri,ardson, Public Works Coordinator [sate: August 21, '_986 Subject: Dock Permit Request - Platted Unimproved Right -of -Way Big Island Attached for review and approval is a request for a dock permit on platted unimproved right-of-way on Big Island for access to inland property. As stated in the request, this property has installed a dock at the requested location for the last 50 years. Section 10.31 of the Orono Code requires Council approval for any dock installed on platted unimproved right-of-way (see attached). It is staff recommendation to approve the installation of the dock as per Lake Minnetonka Conservation District requirements until such time as there may be other requests from other inland properties requ-stirm the installation of a dock at this location. At such time as here are other requests, then this permit is void and must be required again by Council. Dock requirements will be submitted at the meeting. Proposed Motion: Moved by , seconded by , to approve a dock permit on a platted unimproved right-of-way known as Bay Place on Big Island to serve Lots 19 and 20, P.I.D. No. 23-117-23 23 0033, until such time as there are other requests from other inland properties requesting the installation of a dock a'c this location. To: Mary Butler & Orono Cou..cil Members From: Mark E. Bernhardson, City Administrator Telephone 938-1503 3711 South Arbor Lane Minnetonka, Minnesota 55343 July 18. 1986 Orono City Officca - City Hall 1335 South Brown Road Orono, Minnesota 55323 Attention: Tom Jacobson Subject: Marie Carlson - On-^er Morse Island Park (B'.g Island) Lots 19 and 20 Dear Mr. Jacobson: Confirming our telephone conversation , 1', 17, 19860 1 would like to request a permit to erc uock on Bay Place at Big Island. There is no other way to get acce- ? to the above property. Ity parents purchased this property about 50 years ago and had a cottage built in 1942. It was their understand.*np that they could use the "park" property for dockage. Con- sequently, there has been a dock there for 50 years. M,y father has died and my mother is in a nursing home. It is necessary that we now sell this property. I am now informed that a permit is needed to put up a dock on park property. We cannot sell this property if there i;: no access to it. ?lease let me know promptly when this has been approved. Thank you for vour help in this matter. Sincerely, / L_4Lr� t�civ•/ P.laie iiales eh/ 0lId�10 -!! 112 SEC. 23, T.117, R.,L r.t r • 1 � I i it IS .K I V LA I `r I 5 10.31 Any land alterations or Lwprovements approved shall bt mi, 11,um amount necessary to provide :casonable inland access. B. Land Alterations. Grading or physical alteration any platted publics r1y;:t-of-way for any purpose including i►.:and property access is prohibited except when such work has been s►, "ically authorized as part of a Fermit issu ' by :. Council. Tt,� �permit applicant stall provide a detailed la; d survey of the right-of-way and appropriate engir_eering drawi.�:.; sufficient to identify the full extent: of all proposed work. Permit approval shall be subject to obtaining a grading permit from City -t_.ff, and all other permits as mp-, be requi., -d by other agenc-.�s having jurisdiction. Public-_ig"ts-of-way so improved shall be maintained by the licensee. C. Dockage on Righ't--of-Way. Installing, maintaining, keeping or using a priva`-� dock on any platted public right-of-way for any purpose incl- , inland property access is prohibited except when such dock has aeen specifically a, orized as pr -t of a permit issued by the Council. Not mor a one seasonal clock will be approved for access to ar.• one L_ In review a^,! approval (r denial of s-,:h p:.t :iit, -- Cou► shall consider the width and topoy- .-shy of the right-ct-way, the number of property owners requeztin,; -Iock,:,ye at that loc-tion, the plan of the proposed dock, and con,'er^-nce with City and Lake Minnetonka C�°nservation Dis ,r : ct dock re ' ' ins. The Council may establish re-dr_;onable standards or req, t in approving any such dock D. En.roachments Prot, d. No private prod.,arty, build-1%,is, structures, fer-!Ps, boats, :les dock parts, junk or debris shall be built, s uc kept at any time within any platted public right, i any platted Pui;lic park, or on any otner property C=zy except as specifically autt -.zed by a permit :his Subd ivi , ^n. r,� No perinit shall be required For any jn to waJ., .;•!cr r-.,►y . atte ' ' 1 i - right -of -wad .r wig• _ tt- 2 public such e is r:i.t without altering the n.-►tura . state of tt+_ land. No pertuit shall be required for any per:., who5.- property abuts a platted i.,jblic right-of-way or a Platted puLli nark to weeds or t-rush, seed, so.:, moo, or otherwise m Lain said ri•;ht-cf-way or park :.n a neat and presen'-able - anr.ee. Persons whose record for ostablishee by SL" 'visior. 6 cc:is sts of tax parcels divided by pl-:tted, unopened pu .-c right-of-way may incorporate and use such right. -of -way as part. oll' their and with- p,.:cmi.`, pro:,ided no pr - nent ,. stru_' are a ted or n.a- ad within the gray. P bli_ Ose Limited. A•tv rermit iSSLIUd L_Jer thi, Subdivision shall be deemed t.3 open the platted public right- of-way only to the extent nec�_ ssar y as esta' 'stied ir, the permit. and f r c_he linited use of tttc permittee and invitees. 7:,.,,.• C� Z? (4-1 -84) `1 82086.7 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato rob JV DATE: August 20, 1986 SVRJECT: Big Island Board of Governors Attached please find the correspondence between the Big Island Board of Governors and the City regarding complaints they have as to their treatment on their development with City staff. To date, the CiLy has not received any further correspondence either orally or in writing regarding their concerns so are not able to address them. They have indicated their interest in appearina before the Council meeting and staff has sc`,�duled them for th August 25th meeting. As to progress :)n the Veteran's Camp the following i^formation has been prov i led : - There has been demolition of approximately fou .i 1 structures over and above the five structurE c-at wary, demolished last fall. .C. staff has issued building permits for repair of the :hi lavoratory facilities and a caretaker's cabin (this is a new buildinj to used by the caretaker, not the old caretaker's cabin). -A Corp of Engineers Unit had been doing work on the island to assist. the Veteran's Camp. -City has received no requests for any burr' % permits on the island. -The f ish houses that were going to be remo-red by the lst of May have not be; removed. Tickets were issued twice, both to the owner of : fish houses and also to the Board of Governors. St is presently awaiting disposition -in those tickets. tThese items were conti rued by the - t until September with no notification to the s prosecuting attorney). RECOMMENDATION - It is staff's recommendation that the concerns of the veteran's be listened ! - a'. the Monday night meeting but they be referred to staff n +:rear to '.low staff to work with those problems and report pick to the .y Council. PROPOSED MOTION - Moved by , seconded by _ , to accept the concerns of the Big Island Boar] of Governors regarding their treatment by staff and tha, taff be directed to report back to the Council at the Se�.!rmber 22, 1986 meeting. Aye.. _, Nays _. r Leonard Carlton, Big Island Boa I of Governors :.;IG ISIAND VETERANS CAW July 28, 1966 Mayor City of Orono Orono, Mirinesu :.a Dear Sir: The Board of Governors of Big Island Veterans Camp at ita.regular meeting on June 19, 1986, reviewed on -going relations with the City of Orono. The conceiisu of the review was that there was a continuing lack of effective "working together" communication between the Board aref: ti.e City. Our efforts to extend the hand of cooperation was stated to you in our letter of Feb. 1986 and continues. 'such of the concern seems to relate to activit.Las of the city staff not the elected officials. At times these activities seem to be harrLSsment and/or nit-picking to many of our members. This -leads to yet another question, would the City be interested in detaching our property from Orono pur: it to existing statutes?? We will be glad to review ti. question with the City at your convenience. Respec fully; Leonard A. Carlton C ha i.rman ^c: Mr. Don Miller Mr. Jim Lund il I s . j tI ✓I CITY of ORONO Post Office Box 66•Crystal Bay, Minnesota 553M 0 Municipal OfF-= On the North Shore of Lake Minnetonka August 7, 1986 Mr. Leonard A. Carlton, Chairman Big Island Board of Governors 19260 Azure Road Deephaven, MN 55391 Dear Mr. Carlton, Currently I am receipt of a copy of a letter that you sent to the Mayor and Counci lmembers of til,e City of Orono addressing the - relationship between the Big Island Board of Governors and the City staff, particularly regarding activities which are termed in the letter to be "harassment and/or nit-picking to many of our members." While addressing your concerns to Council :s not an inappropriate action on your part with you being placed on the Council's August 25, 1986 meeting, I am to say the least surprised and very disappointed as '_he concerns chat you allude to in the letter regarding tre;.tment of Big Island Board of Governors by City staff have not been addressed to either myself or Jeanne Mabusth the Building and Zoning Administrator. Additionally, the generalized comments regarding the relationship do not do much to illustrate the problems that you feel yeu are having with City staff. It would be greatly appreciated if prior to the 2_th meeting that you delineate either verbally to me cr in writing to the Council ,..stances in which you feel the relationship with staff has been considered harassment and/or nit-picking and what impact if any that has had on the work being done by your group. Pleas- submit these by August 20, 1986,to provide adequate t,*.me for it to be included in the Council Ljacket so that the Council has some background for your verbal comments on August 25, 1986. (I will be out of town from August 10-16, 1986, bu`- feel free to call Jeanne Mabusth.) Sincerely, Mark Bernhardson J City Admini-trator MEB/dh cc: Mayor and City Council Jeanne Mabusth, Building and Zoning Administrator Tom Jacobs, Building Inspector Bt'H DING Q ZONING - 473-7157 • A1IMINISTRA nON A FINANCE - 4 71-7358 • PUBLIC WORKS 473 7359 AS`I SSING. /,2 8�Q6.2 Lj 1.0 � TO: Mayor and City Council wb FROM: Mark BEL-nhardson, City Administrator DATE: August 20, 1986 SUBJECT: Westonka Senior Center - Representative The Westonka Seniors have asked to have a representative present at our August 25, 1986 Council meeting although no definitive items of interest were stated. The request the City received for the budget for Westonka for 1987 is $7, 311.00, an increase from $6,389.00 from 1986. Staff has put this as part of our budget appropriation and will be bringing that forward at September 17, 1986 Budget meeting. The Westonka Senior Center budget contains funding requests for the Senior Center, Senior Outreach Counseling, and Westonka Rides. A comparison of 1986 and 1987 requests as follows: Senior Center Senior Outreach Counseling Westonka Rides TOTAL 1986 1987 $2,455 $2,738 3,934 4,092 -0- 481 $6,389 $7,311 PROPOSED MOTION: Moved by _ , seconded by , to accept information given by the representative of the Westonka Senior Center. Ayes Nays u % :? I96 THE WESTONKA SENIOR CENTER ,f, � Y U 1040,1bj1 j The Westonka Senior C _.iter served nearly 900 seniors in the Westonka area. Of this figure, over 50% are Mound residents and 15% come from each of Minnetrista, Spring Park and Orono. We serve nearly 30% of the total senior population possible. Nationally, senior centers serve between 2 and 5% of the senior population. In the metropolitan area the senior percent is 4.5%. In 1984l'--we had an average attendance of 98 people daily using the senior center. The Gift shop, with 80 consignees, had a gross receipt of $4,122.00. ACTIVITIES IN THE CENTER INCLUDE: 1. In February, a breakfast(formerly a noon lunch) was served to area merchants, restaurant managers, cities administrators, ban managers, District #277 employees, school board members, and pastors of area churches. 2. Donated flowers for centerpieces for the Rotary Club Scholarship dinner at Lafayette Club and corsages to graduates of the G.E.D. class. 3. Seniors invited candidates running for school board to a noon lunch to give them an opportunity to explain their reasons for running for the office. 4. A representative from the city of Mound was asked to speak at a senior center meeting and explain the need for a Public Works building. 5. Mr. Gary Mayer, school board member, spoke to the seniors about the school referendum prior to voting day. 6. Firemen were invited to sell tickets at the center for their annual Fish Fry and dance. 7. At Halloween, seniors raised $830.00 for Suburban Community Services, they served a chow mein dinner. 8. At Mound City Days, senior volunteers worked at aid stations for the 5-mile run. 9. The senior's Flower Committee planted flowers in front of the Community Services center and across from Ben Franklin. They helped plan the planting at the Mound Depot. 10. Seniors volunteered help with the Audio and Visual Screening at the local schools. 11. Seniors worked at the %':)lunteer Health Fair sponsored by the Mound Clinic and Waconia Hospital. 12. Senior volunteers helped 400 applicants fill out forms for Energy Assistance again this ye. - This service benefits non seniors as well as seniors. "the Mound Senior Center is second only to St. Louis Park in the number of persons served. 13. Seniors provided Tax Assistance for . _ elderly again this year at the center. This service is offered seniors at no cost and is sponsored by A.A.R.P. 14. Seniors he-ie a catering service that has served weddings, anniversaries and birthday parties. This activity is a fund raiser for the center. 15. The Westonka Kitchen band entertains for many functions such as volunteer luncheons, rotary, nursing homes, senior centers, thank -you luncheons, and church groups. They have also entertained at the local schools. 16. The seniors provide small treats during the holidays for the pre-schoolers in the Westonka Community Center. 17. One day a month is set aside to celebrate all the birthdays of seniors for that month. They are given corsages and are honored at the noon meal. 18. Many seniors work with the Historical Society of Mound. Last fall, a senior volunteer driver drove the senior bus for an outing of the Historical Society. 19. Seniors are active as judges at the various city and school parties. 20. The Senior Cable T.V. crew has taped many community events; hockey games, league of women voters meetings, Poohs Place graduation, workshops for teaching the learning disabled for domestic abuse, and the open house for the new senior bus. They produce, edit and operate the cameras. 21. Volunteers serve as receptionists (answering phones at the center). They also serve as host and hostess (serving the meal for Congregate Dining) five days a week. 22. A senior leads the "Over 50 and Fit" exercise classes 3 days a week for 40 seniors who are participating to improve their health. 23. Seniors edit and mail a monthly newsletter mailed to all members with the menus and activities for the month entitled the Hi -Notes. The Westonka Seniors have donated to the League of Women Voters, The "Jaws of Life" tool for the fire department, and to the 5200 Club. SERVICE USE - METRO FOCAL POINT REQUIREMENTS: The Westonka Senior Center is used for Congregate Dining, parties, volunteer opportunities, education (such as C.P.R. classes, Passenger Assistance Classes, Great Decisions, and The National Safety Council Defensive Driving Course), leadership, gift shop, Outreach and Peer Counseling, transportation, social services, trips (such as Canterbury Downs, Ball Games, picnics, travelogs), community invol% �ment, financial counseling, health screening, physical fitness program and of course -warm fellowship. Transportation - Westonka Rides transported over 300 seniors for over 14,000 one-way trips. Grants this year for: Title III $14,700.00 Exurban Grant 15,000.00 Cash Grant 9,500.00 Total 339,200.00 This money covers the cost of gas, repairs, insurance and miscellaneous operating expenses for the Senior Bus and the Medi-van. Westonka Rides serve both seniors and non -seniors. New expanded services will include a shopping trip for the younger population (without other transportation) and possibly a Sunday morning church pick-up. There is now a weekly senior shopping bus. Our program includes a paid bus driver - 5 hours a day and will have a medi-van driver paid a limited number of hours daily when that vehicle arrives. We also use volunteer drivers for our vehicles when available and volunteer drivers who drive their own cars for Westonka Rides program. Outreach -- The Outreach Program works with frail seniors and their families so that older people can remain independent in the community as long as possible. They also reach many people t'-rough it's Peer Counseling. These senior counselors attended classes provided by Outreach are.! continue to meet with staff on a regular basis after they have been assigned to work with other seniors. This program tries to keep seniors out of nursing homes as long as possible. Referrals are made by doctors, nurses, families and concerned persons and friends. Fundraising - The seniors have raised over $2,000.00 for the Center with a mailing project for Meisel Hardware. Volunteers label catalogues, then sort by states and zip codes before putting them in mail bags to be mailed. Bingo is now held only four times yearly, to have it monthly would require license and bonding (which is expensive). So far in 1986 we have earned about $160.00 for two nights of Bingo. Once a year the seniors go on one big trip and several weekend or day trips. If the bus is filled on the big trip, the seniors • give one free t'.cket. This ticket is r4oratea to the center for fund raising. This year se. _.., are going to Nova Scotia at a cost of $1,100.00. This amount will be donated to the center if all seats are sold on the trip. With some of the money we have raised, we purchased a new 25" T.V. and VCR with a cabinet for the senior center. We also purchased plaques printed with the names of all former officers since the ,eginning of the senior club in this area. We will add a plaque every two years with future officers. This was our way of honoring those have worked so hard to make this club so successful. Volunteers - In 1985, 112 seniors volunteered over 13,000 hours to the center. This would equal $46,000.00 at minimum vages. The catalogues alone had 60 volunteers (10 of whom have never been able to work before because of minor handicaps) put in over 1,000 hours on this mailing project. Let us not fore. '. some other groups at the Center weekly or on put -luck nights, and donates half of The Share and Support group meets weekly at the sends a nurse over twice monthly for blood pressure for our seniors of the area. 6/25/86 - the Friday card group which meets the cash jackpot to the fund raising. center and the Mound Medical Clinic checks. These are all valuable services TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator DATE: August 21, 1986 SOBJBCT: Noerenberg Park Parking Plan At the July 28, 1986 meeting, the parking plan proposed by the Park Reserve District was presented. At tl_t meeting, the Council felt that the plan revised from the original to reduce parking )m 50 to 26 spaces did not meet the Council's objectiv Subse;ur­.it to that, the Park Reserve Dist--' ct has submittea two other alternatives. These are noted in the attached diagrams. The hardcover of the original plan was 30,000 s.f. These alternatives reduce it to under 25,000 s.f. Alternative 1 - This alternative is taking the minimum parking plan with no turn-arouri's indicating the area for a proposed expansion from 25 to 5G �. •irs in the future. The area proposed for expansion would now be used as the grass covered area for overflow parking. Alternative 2 - Alternative 2 is a reduction from the original plan by eliminating the bus turn -around and shrinking the size of the parking lot. For overflow parking in this plan 'sere would be mountable curbs for people just driving up on the ,..ass in the proposed expansion area. Future expansion would provide for minimum disruption of growing plant i if it is ever needed and authorized. Hardcover - Based on the size of the area the total amount of allowed hardcover in the 250-500' zone would be about 105,000 square feet. Either of the two alternatives plus 16,500 feet in other hardcover in that zone would total about 42,000 square feet in total. This would represent about 40% of their allowed harcever. The reason for the design width is to allow for the required fire truck turn -around for this facility. Parking Lot Surface - The Park Reserve nistrict has explored the issue of alternative paving means to asphalt. Based on the potential year around use of the parking lot, even though minimal in the winter time, would not allow grans pavers for the main part of the parking lot. As for "porous pavement", the discussions have been held with the Hennepin Sails District regarding the expense of the situation. Staff will continue to explore to see if there is any money available to use this as a test case. This however, while making less "hardcover" would not have any impact on the perceived mass of asphalt for I he project. Noerenberg Park Parking Plan August 21, 1986 Page 2 of 2 Screening -- It was the intent of the Park Reserve District to screen the parking from both the road and ti,e neighbors which was riot shown on the previous parking plans. As noted on Alternatives 1 and 2 there is significant coniferous screening on the two sides and these would be of stock that are at least 10' tall when planted. RECOMMENDATION - It is staf f's recommendation that the Council concur with Alternative 2- appropriate installation. While this results in initially more hardcover, the Pa: Reserve District on this site is well within the hardcover limitations and the ultimate design of the plan results in only 2% over the minimal uesign which is Alternative 1. Alternative 1 does have some draw backs as indicated. The principal draw back is that the grassed area for overflow parking would be used not only for parking but also for moving the traffic back and forth across these parking spots. Alternative 2 should minimize the amount of parking lot tear -up and may make possible any expansion amenable to use of grass pavers. Alternative 1 would probably - t allow this. Additionally, this does allow for the bus and required fire truck Lurn-around in the initial stage. It is felt that the proposed screening shoule reduce the appearance of the mass of the structure and the wider plantings in the -;fiddle should also assist in breaking up the design. PROPOSED MOTION - Moved , seconded to ajcept Alternative 2 as the approve parking plan for the Park Reserve District's parking lot on Noerenberg Park. Ayes _, Nays _ cc: Mike Gaffron, Asst Plan._.. 4 Zoning Administrator Marty Jessen, Hennepin Cou..,-y Parks Deb Barthels, Hennepin County Parks yJ'fr '12 086.3 TO: Mayor and City Council 0 FROM: Mark Bernhardson, City Administrator ��� 4 �r DATE: August 20, .1986 ;" � SUBJECT. Liquor Store Per'-)rmancet Atta. zed i., a copy of the memo that you received last time regarding performance of the Liquor store t rough the end of June 198'.. Based on the July estimates in whic.i he store did $55,000 of gross sales, it is anticipated that op_�ation broke even a the end of July for the year. The store has done an excel: tt J in trying to trim expenses particularly the personnel a7 Ho4..!ver, ..:wings in this area have somewhat been offset by "extraorJinary expenses" from last year ($1,600 in legal expenses) together with insurance expen-es which doubled from 1985. Based on the discounts and markups, the needed gross sales to support the expenses on a monthly basis equal $38,000. Below ar3 results from previous three years together with targeted results in the business plan and presently expo 'ed results. Target 186 Expected 1983 1984 1985 U2/85) (8/86) August $47,400 $47 300 W 500 $48,000 $50,000 September 38,200 00 35,400 38,000 36,00'. October 35,900 .10 34,600 38,000 35,000 November 33,300 30,900 37,800 40,000 38,000 De -mber 50,333 44,8910 46,400 52,019 50,000 Yearly Net Income $17,500 $ 5,400 ($ 8,900) $ 9,900 $ 11000 It is of note <..f the first six months operation. net .come for the Mound stor- x-rhich .,s cons. darably ? arger volume of business has been down markedly from 22,140 to 6,177 in 1986. They attribute this in part to the competition of the Liquor Basket that went in last summer in Spring Park. This apparently has not had an appreciable effect on the Orono operation and the store reorganization and cleanup together with .he reduction expenses have a'_ded ir, i_mproving Oroni, s picture over last year. RECOMMENDATIO,J - It is re^ommended that since the 3rd quarter is anticipated to b, profitably that the ity look to ober report to see if the revised results -re met together with a outline for store sale. Liquor Store Performance August ?^ 1986 Page 2 c 2 If sold, the $100,000 store as value gi,, arrangemei ,— means of .ale the opinion o sealed bid legislation t exception to obtained the the employees City w, ld anticipated receiving approximately .Jould equal the cost value of the stock plus in - It is not ' ticipat:ed that there ul(' be any :r location goodwill. Actual latpac•� of the f the value 1-he City gets be a function ( -.he Since ' � e City owns no real estate, it ha, en f the City Attorr.ey that the salve would have to be a. operation unless th City -ould get special o nec 3tiate a sala of its assets w:,' (-h would bp the the rule. If the special legislation soul-' be City might be able to negotlate a possib" A 5z: 7 t- to if they were interested. F. `POSED MOTION: Moved by , seconded by , accept report on it- and direct the Adnt_' i strator tc nrepare conjunction with the 3rd Quarter report the steps and i�-,sues the City ::c sell its liquor operation business. Ayes _, Nays cc: Lorraine McGowan Tom Kuehn the in for TO: Mayor and City Council 8186.4 FROM: Mark Bernhardson, City AdministraAa DATE: August 1, 1986 SUBJECT: April - June 1986 2nd Quarter Liquor Report Attached please find the liquor report for the store through the end of June 1986. As you'll recall the first quarter lagged about $1,000.00 behind projections and resulted in a $5,800 loss. While the sales results from the 2nd quarter sales, have been very strong and made a 2nd quarter profit, the year to date operations, lag about $3,600 behind projections but reduces the 6 month loss to ($2,098). Business continues to be brisk and staff is working to minimize expenses and make sales more profitable. Below are the first six months results historically and as a view against the targets that have been established. '83 '84 '85 1986 Actual Actual Acutal Target Actual Net Sales 190,115 199,485 189,145 214,000 210,039 Cost of Sales 136,200 142,175 138,513 154,800 153,526 (7ross Profit 53,915 57,310 50,632 60,705 56,513 Expenses 55,100 58,228 59,224 60,276 59,767 Operating Income (1,185) (918) (8,592) 435 (3,2541 ( ) - Indicates Loss Non Operating Revenues 1,501 1,562 1,100 1,156 Net Income 316 644 (7,492) (2,098) Inventory 114,205 111,743 108,282 90,000 85,376 The 1986 targets, if met, would yield about $10,000 net income by the end of the year, currently the operation is $3,600 behind the target net profit. For comparison the operation was $500 behind the target in March (a $5,400 loss.) In 1983 when the operation lost ($1, 185) through June eventually made $ 17, 500 by years end. While personnel services expenses have been significantly decreased these are somewhat offset by a doubling of liability insurance rates. One extraordinary cost has been $1,650 for legal expenses charged in 1986 for a 1985 case. Excluding these charges places the operating loss about $1,600 net loss for six months and $2,000 behind the target. RECOMMENDATION - Although performance continues to be strong it isrecommendedthis item be discussed at the August 25, 1986 Council meeting. Proposed motion - Moved by , seconded by , to accept the information for the second quarter liquor resu- is and that the item be placed on the August 25, 1986 agenda for further discussion. Ayes , Nays cc: Tom Kuehn, Finance Director & Lorraine McGowan, Liquor f.qr. CITY OF ORONO MUNICIPAL LIQUOR STORE STATEMENT OF REVENUE AND I.XPENSES Sales and Cost of Sales: Sales Sales discounts Net sales Cost of sales Gross Profit After Saleb Disc. Operating expenses: Personal services Supplies Insurances Building rent Other services 6 charges Depreciation Total Operating Expense Operating Income (Loss) Nonoperating Revenue: Interest on Investments Other Total Nonoperating Rev. Net Income (Loss) TYPE OF SALE Liquor - sales - profit Wine - sales - profit Beer - sales - profit Mix 6 Misc. - sales - profit Three Months Ended ----------------------------------------- June 30 Six Months Ended June 30 1986 ----------------------------------------- 1985 ----------------------------------------- 1986 1985 Amount 1 Sales Amount 1 Sales ----------------------------------------- Amount 1 Sales Amount 1 Sales $130,811 100.00t $118,842 100.00% $217,441 100.00% $193,365 100.00% 4,026 ------------------ 3.081 3,153 ------------------ 2.65% 7,402 ------------------ 3.40% 4,220 2.18% 126,785 96.920 115,689 97.351 210,039 96.60% -------------- 189,145 --- 9f.32% 92,463 ------------------ 70.680 85,175 ------------------ 71.67% 153,526 70.610 138,513 71.63% $34,322 26.241 $30.514 25.68% ------------------ $56,513 25.990 ------------------ $50,632 26.191 18,955 14.49% 20,506 17.25% 36,816 16.93% 41,120 21.270 514 0.390 390 0.33% 836 0.380 961 0.501 2,581 1.97% 1,475 1.24• 51108 2.350 2,926 1.51% 3,750 2.87% 3,750 3.160 7,500 3.45% 7,500 3.880 5,468 4.181 3,258 2.74% 8,651 3.981 5,862 3.031 42P ------------------ 0.33% 427 ------------------ 0.36% 856 0.39% 855 0.44% 31,696 ------------------ 24.23% 29,606 ------------------ 25.080 ------------------ 59,767 27.48% ------------------ 59,224 30.63% 2,626 2.01% 708 0.601 ------------------ ;3,254) -1.49% ------------------ (8,592) -4.44% 62• 0.531 650 0.551 1,078 0.49% 11100 0.571 3S ------------------ 0.03% - ------------------ - 76 0.04% - - 661 ------------------ 0.51% 650 ------------------ 0,550 ------------------ 1,156 0.53% ------------------ 11100 0.571 $3,287 2.51% $1,358 1.15% ------------------ ($2,098) -0.96% ------------------ ($7,492) ------------------ -3.87% Totals - sales - gross profit - sales discounts GROSS PROFIT ON SALES ----------------------------------- A B A D 32.46% 33.20% 33.10% 29.89% 29.77% 26.19% 22.30% 25.624 25.481 33.51% 31.751 35.1'.z 42.02% 38.96% 37.47% 26.141 34.421 25.01% 3.22% 3.22% 3.95% 35.991 4.06% 35.761 100.00% 100.001 100.00% 29.32% 100.001 28.33% 3.081 2.65% ------------------ 26.241 21.48% GROSS PROFIT ON SALES ------------------------------------ A B A B 34.141 34.051 35.25% 30.35% 32.051 26.70% 23.164 26.44% 26.51% 33.65% 31.361 33.651 39.86% 36.681 35.43% 26.121 33.711 26.07% 2.84% 2.83% 2.81• 29.17% 2.88% 28.92% 100.00% 100.000 100.001 29.391 100.00% 28.37% 3.40% 2.181 --------- --------- 25.991 26.19• NOTE columns 'A' reflect sales/gross profit as a percent of the total sales/gross profit columns 'B' reflect gross profit as a percent of the type of sale ASSETS Current Assets: Cash and investments Returned checks 6 credit card charges Accountc receivable Accrueu interest receivable Prepaid expenses Inventory for resale Total Current Assets Property and Equipment: Leasehold Improvements Equipment Less accumulated depreciation Net Property and Equipment Total Assets LIABILITIES AND FUND EQUITY Liabilities: Accrued wages payable Accrued retirement payable Accrued credit card expense Accounts payable Due to State (Sales Tax) Due to Federal Gov't (Liq. Tax) Total Liabilities Fund Equity: Retained earnings January 1 Net income Jan. 1 to June 30 Transfers to General Fund Total Fund Equity Total Liabilities s fund Equity CITY OF ORONO MUNICIPAL LIQUOR STORE BALANCE SHEET JUNE 30, 1986 ----------------- - ------------------- JUNE 30, 1985 $44,994 $24,793 604 350 626 1,100 5,469 4,560 85,376 ------------------ 108,282 ------------------ $137,071 $139,085 725 25,763 ------------------- $26,488 23,789 2,699 $139,770 725 25,763 -------------- $26,488 22,078 $2,938 $2,815 425 501 1G8 127 19,561 16,510 2,074 1,622 944 - $26,050 $115,818 (2,098) 113,720 $139,770 m-a.. ac¢aaa $129,412 (7,492) 4,410 $143,495 ca=v=:::cac $21,575 121,920 $143,495 � _ � a --m /S TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator�� V DATE: August 20, 198E SUBJECT: Highway 12 Corridor Study Meeting - September 3, 1986 Orono High School 1987 Budget Meeting _ September 17, 1986 - Orono Cif Council Just a reminder of the two upcoming special meetings in September for your reminder and consideration. �J 60 8 TO: Mayor and City Council / , FROM: Mark Bernhardson, City Administrator DATE: August 20, 1986 Via, SUBJECT: Utility Rate - Ordinance Adoption On May 27, 1986, the Council adopted the Utility Rate Study rates as proposed by staff. It has been determined that these have to be adopted by Ordinance resolution. RECOMMENDATION - It is staffs recommendation that the utility rates that were unanimously approved by the Council at their May 27, 1986 meeting be adopted in the appropriate ordinance form as attached. PROPOSED MOTION - Moved by __, seconded by , to adopt Ordinance # as an Ordinance amendment to the fee schedule effective 1 July 1986. Ayes _, Nays ORDINANCE NO. , 2ND SERIES ORDINANCE ADOPTING THE 1986 FEE SCHEDULE AN ORDINANCE AMENDING ORDINANCE NO. THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: Section I Ordinance amends Ordinance No. , Second Series is hereby amended by deletion of.. Utility Service Rates effective July 1, 1984 Municipal Sewer Rate By Unit By flow Municipal Water Rates $42.90 per quarter $ 2.10 per quarter plus $2.05 per/1000 gal. Area #1 Area #2 Area #3 Navarre Long Lake Wayzata Billing & Ready to Serve $13.85 $6.25/qtr. $5.35/qtr. Water Usage $1.03/1000 gal. $2.50/1000 gal. $1.47/1000 ga Unconnected Property Chg. $13.85/qtr. -0- -0- (Ready to Serve/Hydrant Chg.) Section 2, the City Council of Orono per Section 1.05 of the Municipal Code hereby ordains the following fees effective beginning the third quarter of the calendar year 1986: Municipal Water Rates Effective July 1, 1986 Municipal Sewer Rate By Unit By flow Municipal Water Rate $51.15 $ 2.90 per quarter plus $1.90 per/1000 gal. Area #1 Area #2 r.ea #3 Navarre Long Lake _ zata Billing & Ready to Serve $12.80 $6.70/qtr. 1 35 Water Usage $1.17/1000 gal. $2.50/1000 gal. $1.40/1000 ga Unconnected Property Chg. $1.2.80 -0- -0- (Ready to Serve/Hydrant Chg.) Passed by the City Council this 25th day of August, 1986, by a vote of ayes and __ nays. Mary C. Butler, Mayor ATTEST: Dorothy M. Hallin, City C1er J �8'i08 6. 5 TO: Mayor and City Council FROM: Mark Bernhardson, City AdministratorKZt DATE: August 20, 1986 SUBJECT: Contract Revision - Dahlgren, Shardlowa & Uban Dahlgren, Shardlow & Uban is currently working to prepare the sketches it was directed to at the July 16th highway 12 meeting. Cost of preparing the four alternatives outlined is an additional $2,000.00. If you will recall, the original contract was for $17,000.00. Staff feels that value for preparation of these four detailed studies are over and above the originally intended contract. RECOMMENDATION - Staff recommends that the Council revise the contract for an additional $2,000.00 for additional work as outlined in the att--*Iied letter and that it be taken out of the contingency fun:is. PROPOSED MOTION - Moved by , seconded by to amend the contract with Dallgren, Shardl"ow & Uban by $2,000.00 to reflect additional work in conjunction with the Highway 12 Corridor Study for detailed site plans of four alternatives and that it be taken out of contingency funds. Ayes _, Nays_. S; IITr ' Ic, 6 August 1986 MaEk Bernhardsen, City Administrator City of Orono 1335 Brown Road, S. Office Box 66 Crystal Bay, IAN 55323 RE: Letter of Agreement to Proceed With Preparation of Schematic Land Use Alternative Site Plans, Highway 12 Corridor Dear Mark: As you know, considerable progress was made with the City Council, affected land owners, and interested parties at the July 16 meeting on the Highway 12 Corridor Study. For the first time, decisions were being made and opinions articulated which will allow us to bring the matter to a reasonable conclusion. However, before making these decisions, the Council requested the opportunity to see some schematic representations of actual site plans for key portions of the Study Area. While this is certainly a reasonable approach, it involves work that is not included in our current agreement. It is also pertinent to note that in general, it has taken considerably more time and meetings to arrive at this point in the stuay than was anticipated in our agreement. We have been asked to take the lead throughout the study, while our agreement called for us to serve in an advisory rule for solve phases. We are willing to accept that fact and proceed from here, but we feel that it is fair for us to be paid for the addit;onal work requested by the City Council. The purpose of this letter is to describe the four alternatives that we agreed upon at our recent meeting and to provide you with an estimate for the cost to colrliplete this work. The scope of services that we envision involves the preparation of four schematic land use alternative site plan sketches for the land between Old Crystal Bay Road and Willow on the north side of Highway 12. These plans will need to be designed and studied to a level of refinement that will allow us to accurately represent building and required parking areas, landscaped areas, etc. I I AUG - 7 1986 CITY OF ORONO LETTER OF AGREEMENT, L AUGUST 1986 Page 2 Following our meeting of July 25th, it is our understanding that we prepare the necessary exhibits to illustrate the following alternatives: 1. Commercial adjacent to Highway 12, transitional to high and medium density residential, transitional to 2 acre residential. 2. Commercial adjacent to Highway 12, transitional to medium density residential, transitional to 2 acre residential. ;. Multiple residential transitional to medium density residential, transitional to 2 acre residential. 4. Medium density residential transitional to 2 arse residential. We will not spend any time on the rendering of these sketches beyond what is necessary to al!.ow them to be understood at the workshop meetings. I do want to point out that the diagrammatic concept drawings that we have presented in the past (although consistent with our agreement) did not include enough detail for the Council to make their decisions. We estimate a total of forty staff hour:; and six of my hours, to complete these four desi studies, review them and make revisions, prepare exhibits for presentation and attend the meeting, and present our findings. This amount of time would result in a tntal cost of about $ ,000.00. We have met to discc s this work and I-ave begun work on the concept plans. Please contact me if you have Pry concerns about either this approach or the estimated cost of completing this work. We will make every possible effort to complete this work as axpeditiously as possible, and if it can be completed adequately in less time, we will only charge you for the time that it tak,?s. Sincerely yours, Joh . Shardlow, AiCP, Vice President D , GREN, SHARCLOW, AND UBAN, INC. CONDITIONS HERLIN AGREED TO: Mark Bernhardson, City Administrator CITY OF ORONO Qate Date JWS/bp /9 TO: Mark Bernhardson, City Administrator FROM: Lorraine McGowan, Liquor Store Manager DATE: August 11, 1986 SUBJECT: New Temporary Part Time Employee .lames Krueger, temperary part time employee, has notified me that he will be unable to work evenings, due to coaching soccer. As you know he is on report and has not been performing up to standards. I am scheduling him very sparingly on Saturdays rather than terminating him at this time. Therefore I have hired Rosemary Burmaster to work part time. She worked at the Greenhouse in Spring Park, knows the liquor 'jusiness and in time will be able to open and close the store when need• d. Her experience and qualifications will give us a responsible person to be in charge when needed. She does have a bad back and will not be able to do any heavy lifting, but scheduli,, her with someone will be no problem. I recommend she start at 4.75 per hour, on Saturday, August 16, 1986, with review in 3 months with an increase accordingly at that time. TO: Mayor and Council FROM: Mark Bernhardson, City Administrato pp Forward recommending approval. PROPOSED M OT10N: Moved _ , seconded , to accept Rosemary Burmaster a:: -i part-time employee at the Li.quur Store at $4.75 per hour c,;ri .ncing Saturday, August 16, 1986. Ayes Nays — 1 r A 0 8 6.6 TO: Mayor and City Council ,� "7A' FROM: Mark Bernhardson, Cit; Administrato �':{•,. � JVd DATE: August 20, 1986 SUBJECT: Highway 12/Willow - Joint Resolution .� As you will recall, at the May 12, 1986 meeting, the Council passed a Resolution, copy of which is attached, requesting that the Minnesotat Dep:L1.111C11" of Transporation study the feasability of safety improvement at Willow specifically installation of a semaphore. After further discussion with Long Lake, they would like to expand it to review by MNDOT of the entire leg of Highway 12 from Lindawood on the east to County Road 6. RECOMMENDATION - Staff would recommend that the revised resoluti_on he passed to encourage the Minnesota Department of Transportation to take a more definitive look at Highway 12 and safety improvements and upgrades. This is based in part on the work the city has done in conjunction with the Highway 12 Corridor study. It is felt their study at this point would be helpful in improving the traffic situation in the area, one of the City's goals in the study. PROPOSED MOTION - Moved by , seconded by , to ratify the joi~,} resolution with Long Lake regarding Highway 12. Ayes Nays . N ..A City Of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1992 A RESOLUTION DECLARING THE INTERSECTION OF WILLOW DRIVE AND STATE HIGHWAY 12 AS A DANGEROUS INTERSECTION WHEREAS, the Orono City Council is concerned with the safety, health and welfare of the citizens of Orono; and WHERE:IS, the Orono City Council is concerned with the safe and reasonable traffic flow in the City; and WHEREAS, a recent traffic fatality at the intersection of willow lirive and state Highway 12 has prompted a study of the traffic patterns of that intersection and area; and WHEREAS, the study has determined that -7onsideration of the installation of a traffic semaphore at that intersection should be given priority. NOW, THEREFORE BE I1 RESOLVED, that the Orono City Council does declare that the intersection of Willow Drive and State Highway 12 is a dangerous intersection and that the Minnesota Department of Transportation place this intersection on a priority for the installation of a permanent traffic semaphore. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held May 12, 1986. Mary C. tier, Mayor ATT)6-I T 4o�thy tt.'J18idl-lirf, City Clerk A JOINT RESOLUTION OF THE CITIES OF ORONO AND LONG LAKE DECLARI14G THE NEED FOR IMPROVED HIGHWAY TRAFFIC REGULATION ALONG PORTIONS OF U.S. TRUNK. HIGHWAY 12 WHEREAS, the Cities of Orono and I g Lake are concerned safety and welfare of their citizens; IL 19186 I ii th the--hea-l-th, - WHEREAS, U.S. Trunk Highway 12 is a major arterial highway which, daily, carries 15,000 to 17,000 cars through portions of both cities from the area of Lindawood Lane (on the east) to County Road 6 (on the west); and WHEREAS, the City of Long Lake has in recent years experienced substantial residential, cor,nnercial and industrial development along U.S. Trunk Highway 12 and will continue to experience more in the near future, which development has and will impact heavily upon the traffic upon said highway; and WHEREAS, the City of Orono is presently undergoing a comprehensive study which may result in changing the zoning and land use structure of approximately 600 acres of land along U.S. Trunk Highway 12 from low density single family residential to a mixture of medium density residential, commercial and light industrial uses (said study being known as the "Highway 12 Corridor Study"); and WHEREAS, the cities are concerned with the safe and reasonable traffic flows within their jurisdictional limits -'uE to serious and dangerous flaws in traffic regulation along U.S. Trunk Highway such as the lack of a semaphore at its intersection with Willow Drive; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Orono and Long Lake declare that there is a need for increased traffic regulation, reduced speed and increased levels of caution along U.S. Trunk Highway 12 from Lindawood Lane to County Road 6, east and west. BE IT FURTHER RESOLVED, that Highway 12 and Willow Drive is declared a dangerous intersection in need of a permanent semaphore. BE IT FURTHER RESOLVED, that this resolution be delivered to ,.,,o Minnesota Department of Transportation for the purpose of completing a study of the traffic problems along said portion of U.S. Highway 12 and implementation of new regulations and contro' to improve the safety of traffic within the jurisdictional limits of each city. Adopted by the City Council of Orono, Minnesota, at a regular meeting meld August 25_ _ _, 1986. ATTEST: Dorothy M. Hallin, City Clerk Tim Adams, Acting Mayor Adopted by the City Council of Long Lake, Minnesota, at a regular meeting held , 1986. A. W. Kunze Mayor Attest: LuVerne Hanson City Clerk TO: Mayor and City Council [(J� FROM: Mark Bernhardson, City Administrator r-;•. �,�. 9 DATE: August 20, 1986 SUBJECT: Administrator's Information Lyric h venue - At your last meeting, a neighbor of 3536 Lyric Avenue expressed concerns regarding the status of that property. Since 1983 the City has been trying to deal with the problem. Originally, the City commenced hazardous building proceedings on the property but the current owner indicated that he desired to fix it up. Permits were issued and because of the persons lack of other housing a temporary Certificate of Occupancy was issued to that individual. The temporary C.O. was contigent upon completion of several items. Durirg the course of 84-85, these were not completed and the City issued tags for failing to comply with the temporary C.O. orders. A formal complaint was finally issued in the spring of 1986. The formal complaint was subseqently dismissed by the judge. The City is, however, again proceeding with the hazardous building proceedings and additionally will be looking to revoke the temporary certificate of occupancy and following up with appropriate enforcement action. It is the staff's intent to work on this during the next month or two and will report back to you on the progress. Police Supervisory Selection - The Police Chief and myself will be sitting down with a consultant regarding the results of the selection process the week of August 25th. During these discussions we will focus on the tasks, title for the job and the most appropriate individuals to fill those jobs. We will probably set up interviews with the top 3 to 4 candidates of the 8 who applied during the first two weeks in September and bringing a recommendation back to the Council at its September 22, 1986 meeting. Comparable Worth - On August 7th and 8th, I attended a seminar put on by the Metropolitan Area Managers Association as to the next steps in implementation of comparable worth. The study that was done by Control Data was an internal equity study which constitutes one of the two elements needed in determining comparable worth. The other portion of this is a market data study that few, if any, of us have focused on up until this point. This is critical as comparable worth is not strictly an internal equity study. If it was, the City would be required to pay people strictly on the number of points they have without taking into account market conditions. This could well result in an 18 to 20 percent increase in personnel costs for the City which most probably not appropriate nor in line with the comparable worth legislation. During the next few months, the staff will be working on developing its staff report and exploring any adjustments that are appropriate at this time. The needed market data study, however, will. take some time to develop and will require probably two or three year period before it is "perfected". It will be an additional cost if the City's desires to subscribe. Administrator's Information August 20, 1986 Page 2 of 2 Quorum Voting Rules - Revised Quorum -Voting guidelines drawn up by Kathleen Blatz are attached for your future reference. Countryside Neighborhood - At your June 23, 1986 Council meeting, representatives of the Countryside neighborhood were in attendance to address their concerns regarding the development. Staff has met with these people and is working on addressing the concerns as they relate to the streets, drainage, weeds, and other problems. City is reviewing the status with the development and will be setting out requirements for the developer to bring the development in accordance with the code and developer's agreement. -POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. TO: Mark Bernhardson FROM: Kathleen Blatz DATE: August 5, 1986 MEMORAfIDUM AUG - 7 1986 . VJ I .rA A la RE: Voting Requirements: Q11)rums, Extraordinary Voting Majority, and Abstentic., You have requested that our office provide you with a revised memorandum addressing voting requirements and the effect of an abstention. If you have any questions on the following information, please do not hesitate to contact me. I. What is a Quorum? Section 2.02 prescribes that every majority vote of all members of the Council vote is required by law. All other actions decided by a majority vote of a quorum at a where the law requires a different number. Orono City Code provides that a majority of Council shall constitute a quorum although adjourn from time to time. ordinance needs a except when a different of the Council shall be Council meeting except Section 2.02 of the all the members of the smaller number may Given the five member Council, three members must be present and voting for most actions taken by the Council to be legally binding. When voting, it is not necessary that the three members constituting the quorum be in agreement. A two to one vote, whether in favor or in opposition of a motion, is sufficient to dispense with the matter at hand unless an extraordinary vote is necessitated by statute or ordinance. II. Extraordinary Voting Majorities. Minnesota Statutes do not specify a minimum vote for all actions taken by a local unit of government. However, in the areas of the adoption and amendment of zoning ordinances and the comprehensive plan, the legislature has established that a two-thirds vote is required. Minn. Stat. S462.355, S462,357 (1984). Given the fact that there are five voting members of the City Council, the comprehensive plan or zoning ordinance amendment must be adopted by a total of four votes in favor of the amendment. Prior to 1985, the extraordinary voting majority requirement was only applicable to the adoption or amendment of a zoning ordinance. In 1985, the legislature amended the comprehensive plan statute, §462.355, subd. 3, to require the two-thirds vote unless provided otherwise by a municipal charter. Since the City of Orono is not a home rule charter city, but rather a statutory city, it must abide by the two-thirds vote requirement of all its members. III. The Effect of Abstention on the Computation of the Voting Majority. The common law rule regarding the effect of an abstention is that whenever municipal officials are present and do not vote at all, they virtually acquiesce in the election made by those who do vote. The common law rule evolved because the courts were confronted with situations in which it appeared that one or more members of a municipal council had sought, by abstention from voting, to block or to impede the adoption of some measure even though, had they actually voted against the action, they could not have achieved such an objective. 63 American Law Reports 1077. The issue often arose in situations where one or two members objected to the appointment of some city official. By abstaining, and thereby preventing a quorum, the non -voting :members could control the appointment even though a no vote would have been insufficient. In response to this problem, the courts adopted the common law rule that an abstention is to be construed as agreement with the motion before the body. The result is to prohibit a council member from accomplishing by inaction a result or a purpose which he or she could not achieve by proper participation in necessary decision making. Several courts have modified the common law rule to allow an abstention to be counted as a negative vote when the non -voting member has in fact voiced opposition to the motion prior to the vote. This modification, however, is not the prevailing rule. Similarly, the courts have recognized that an abstention from voting may be due to a member's personal pecuniary interest in the matter at hand. An expression of a member's conflict of interest prior to a vote has led some court's to rule that the abstention cannot be counted as an affirmative vote. See Livesey v. Secancus, 87 A 950 (NJ Sup. 1916); Quinn v. Sea Isle Cit , 71 A 1 NJ 909). This interpretation cannot be relied upon in all instances. For example, in 1973 the North Dakota Supreme Court held that the abstentions of two Northwestern Bell employees, who refused to vote on a tax matter affecting their company were to be -2- counted as votes with the majority. Northwestern Bell Telephone Company V. Board of Commerce, 211 N.W.2d 399 (N.D. 1973). Given the fact that the Courts are not in total agreement on the effect of an abstention, it would be prudent to defer the taking of a vote when a council member must abstain due to a conflict of interest. Such deferment would leave the Council in a better position should the vote ever be contested. KAB/jk 5035e -3- -� V i; J a 0 U Q. LIST OF LICENSES FOR COUNCIL APPROVAL FOR MEETING OF August 25, 1986 Park Sportsmen's Club Firearm Use Permit 3660 Sixth Avenue North Long Lake, MN 55356 Art Center of Minnesota One Day Setup Permit 2240 North Shore Drive Wayzata, MN 55391 t, , APERMIT W norm 4886 PPLIE. CATION FOR FIREARM USE. CITY OF ORONO 'r DATE: A�st 1,1986 ENCLOSE CUR ULEJ OF.EVENTS1 NAME: Park Sportsmen's Club ADDRESS: DESCRIPTION OF PROPERTY: Gun Club TYPE OF PERMIT DESIRED: $25 00 ANNUAL,+ x $10.00 OCCASIONAL __ (Club Only DATE STARTING: September 1,1986 DATE ENDING: PURPOSE: Trap shooting RESTRICTIONS: Angust• 341987 I agree that this permit doesn't allow the hunting of game birds or game animals in the City of Orono and agree to abide by all applicable federal, state and local laws. Fee Paid: Date: Check:�� Cash: Initials: RECOMMENDED: X Yes Public Safety Director APPRO No Yes No W City AVZ,Ai^tr"tor REMARKS: Park Sportsmens Flub, Inc. _ LONG LAKE, MINNESOTA 1`IMr m1dr.w reply to nitrntlon of the "'Ater i 1 AUG 6 THE CURRE11T SCHEDULE FOR PARK SPORTaOIf S CLUB TEli LEAGUES SHOOT' TUESDAY, WE, DNESDAY, AP+D THURSDAY EVENINGS, JUTa 279 1986 Sun day AUGUST loth Sun day AUGUST 17th Sun day SEPTEMBER 7th Sun day Variety Club Heart Benefit Shoot Invitational Shoot Annual Membership Shoot Annual Fun Day The Leagues brill en d the last week in August: Tuesday 26th, lednesiay 27th, and Thursday 28th If necessary,we will have shoot -offs the lst week in Septembers Tuesday Sopt.2nd, Wedn esday Sept. 3rd & Thursday Sent 4th I will notify you if we schedule other shoots. Si nc ely Ru isc ain =/ Secret For, Fun CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 TELEPHONE: 473-7358 I Object IProgram I Div. I Amount GENERAL RECEIPT ev: 7 N° 19567 gl�71 o'll lCxz DOLLARS U14E DAY S-TUF rEil•:; T I I'. 0CD - 3 : 007. M. Liquor Conuul Division f s LCOr 0; Manovtr [3-10'hp 400 Ceder Ltront STATE CF MINNESOTA St. Paul• Almnesota 55101 10121 290•61r,9 t ATh1ENT OF PUBLh.^^. SAFETY 'LICATION FOR PERMIT TO ONLY ALLOW CONSUMPTION 8f DISPLAY OF INTOXICATING LIQUOR (This Application Shall Be Typewritten and Submitted Before June 1st of each Vear) In answering the following questions "APPLICANT" shall be governed as follows: For a Partnership, one of the partners shall execute this application for all members of the partnership. Fr.. 4 Corporation, one officer shall execute this application for all officers, directors, and stockholders. For a Club, one of the club officers shall execute this application for all the members. If additional space is required, use n separate sheet of paper, indicating by number the question answered. (FEE FOR PERMIT$25.00 EVERY OUESTION MUST BE ANSWERED 1. I, Andrea Nasse _ , a5 F:XPC 1t i vr� Di recur INarrse of person mak.np application) (Individual owner, partner, officer, club officer) liar and in behalf Of The Art Cants-r of Mi nnec f-n - (Mysolf, namrs ul partt ers. name of corporation• or name of club) hereby aplily for a permit allowing consumption and display of intoxicating liquor to be located at 2240 North Shore Drive , Municipality of — Qropn r_ (Streol erluross end/car I.ot and Illock number) Post Office of Wad , County of jienaep, R _ . (Township and Section) State of Minnesota, in accordance with the provisions of M.S. 340.119. 2. Will business be operated as a private club or public place !_ P11h1 i c 3. estate type of business Fine and Performing Arts Education C'anr r 4. FOR A PUBLIC BUSINESS: If a partnership, state dame and address of each member of partnership; if a corporation, state name and address of officers and directors. Susan Enriuht `` Rrnsrn Roo — Long Lakes 55356 INernel__ - (Audi*%%) Gary Smith 515 North Ferndale Road, Wayzata55391_ I Nernel I Aodress) Kathleen wash 18060 Shavers Lane, Wayzata 55391 INamal (Arldrets) 5. FOR A PRIVATE CLUB: Date club was organized is club incorporated number of members , length of time in present location , is club building owned or rented what is the membership dues what are the requirements for membership Does club maintain lockers to be used by members for storing intoxicating liquor Names of all officers and/or directors of the club: 5. FOR A PRIVATE CLUB: Date club was organized is club incorporated number of members length of time in present location , is club building owned or anted what is the membership dues what are the requirements for membership Does club maintain lockers to be used by n)ernbers for storing intoxicating liquor Names of all officers anti/or directors of the club: (Namel 1 A00vass) (Namel (Address) Idiess) (Name) f Addeus%I Enclose with this application a copy of the Constitution and By -Laws of the club and current list of bona fide members. 6. If applicant or any partner, corporation officer or dime-ctor, club officer or director, is not a citizen of the United States, list such noncitizens 7. State name of person who will operate or manage business: And r�3 Na--so+-r---�Xcbctlt i ve ❑i rectnr. _ 240 North _ghore r)riyc- 0 Zat-a 55 591 � (NOmwl (Addiess) e. On what floor is the establishment located, or to be located _ Main 9. Ho�v arc the premises classified under the zoning ordinance Approvrdl 1lt;r No AsV� HTopf' M "_ Residential Check Cash Reed. DO NOT USE 10. Sate namo and addre. s ul owner or owners of building t:•herein the buriness will be located: The ARt Center of Minnesota 2240 North Shore Drive, Wayzata, 55391 Illnn.nl -- nnnnrerl 11. Has appliraru; if parinership, any partner; if corpurilt,c any officer or director; it club. any Ot, officer or director, ever had a license under the Minnesota Liquor Control Art revoked or suspended or her convicted lot any violation of State Laws or local ordinances; if so, give date and details No _ 12. Is applicant; if partnership, .any partner; it corporation, any officer or director; if club, any club rlltir, or director, a mernber of the governing body of the municipality or county in which this pctmit is to I issued; it so, in what capacity No _ 11.li:,s applicant; if partnership, any partner; if corporation, any officer or director; if club. ally cm o'firer or director, any interest whatsoever, directly or indirectly, in any liquor establishment in tllr rd,n of Minnesota _�� Give name and address of such establishment 14. furnish the name and address of at least three business references, including one bank reference: Minn>gnta May Company t Nornd supply rn 1!Jamxl Wayzata_p njL& Trust INJ... Q 15. Will intoxicating liquor be sold on the promises Indd,.,,l 47nn P. r.akof MPIIQ VUI,Iran) qOn V. Way7.ata Myer!a Wayzata Indmnap 16. (a) State whether application is: 1. Original x 2. Renewal 3. Transfer (b) State whether dancing will be permitted on the premises U , 17. Are the premises now occupied, or to be occupied, entirely separate and exclusive from any othe business establishment yeas 10. State trade name to be used The Art Center of Mi nnognta 15. Will intoxicating liquor be sold on the promises 16. (a) State whether application is: 1. Original x 2. Renewal _ 3. Transfer (b) State whether dancing will be permitted on the premises __No_ 17. Are the promises now occupied, or to be occupied, entirely separate and exclusive from any othe business establishment yec 18. State trade name to be used The art r•en rer of M' n c R - 19. State whether an "On -Sale" or "Off -Sale" Non-lnioxicating Malt Beverage License has or will be grantt•d i conjunction to this business and for the same premises no- 20. Has :here been issued, or will there be issued, . $5• 10 Federal Retail Liquor Dealer's Special Tax Stain for the sale of liquor on these. prcrnises _ no _. 21. Has your foal g:;v irintun: an ordinance icgu:aling the consumption and display of intoxicating bnuu 22. If opera:inq under zoninn ordinance how is location or building classified Residential I blydq. rnnay rant I I•. ... . Ja a d undNuann . cry gv.ub,n i. $1 . appl.nuan. one ma the mrwors .. uu. M my s n Lno..IvdP , I ... 1... .... red Ilur 0o prinp of I.". inlurm:ni.n in Iu. ggdicmim...1 too toilun to give P.ninent iM.—. n ..nnimm It... Iw ✓ i...dw. M 11.. wrmH. IT IS FU11111En UNDEASTOCO THAT ANY PERMIT ISSUED HEREUNDER DOES NOV ALLOW TM SALE OF INTOXICATING LIOUOR. Endol d it p.yment of 3100.00 wy.blo t. th. Liquor Control Director n Worid.d by M.S. 1961. S..ua ac0.1 m NO CONSIDERATION WILL. BE GIVEN TO The Art Center of Minnesota THIS APPLICATION UNLESS APPROVED AS ,/f weep. of nuba.nm.ntl HEREINAFTER PROVIDED: / II applicant is located in the County, the Chairman T Isyn. I. Aa• olT.a.. .am.:.n.. Of the Board of County Commissioners or his/ Representative shall approve both copies of the Y _o application. subdI and s[wo,r,� to before In scp Of l _, J`Y7. —•, nr.... nr L.....1, C......,,,.u....n.. n. ... 11............. vn1 If applicant is loca'rd in a Municipality, the President of Ike Co,,,,, . r his Representative shell goorove both copies of this application. nawn.m ntnt d.. Laren..... M» n...........n ... My Commissi n expires Ig -�?, - �Q F f-14 itlalp6 rA NENHEPIM COUNTY I by otw...ttR1 t.g.gg NA CSTY OF JRONO �a P A Y R INAN ! . M4TINUleQ 006 EM3L-NO NAME T', U U " J i�I Y USE Y - T - D • - - - - - - DIV GROSS 'JRUSS EXP/ALLOW ANOERSON UL 31 " 382.66 1235.19 0ERNHAROSC ME 12 e7999.6)6 1414o7D 80ULIEN SA 3L 119809/9 760.)5 803MA JL 12 3261.1.0 Ji .5.:: i. BRINKHAUS JF 42 19575.39 1191936 CARLSON WJ 92 13650940 1180.88 CHESWICK GB 31 21101*79 1316*56 CCRNICK IL 13911.91 918.95 EHRENBERG 90 5479.54 391.15 ENGLISH II .. 31 1595906 944.C5 ERICKSON OJ 93 1323*03 328o30 ERICKSON KR 31 22177,60 1407o27 FINK CJ 90 821.75 109.25 FRITZLER JM 31 20611.59 1204.08 GAFFR " MP 33 1686d.04 1054.88 GERHARC IN JR 42 24215*98 1514*40 GREGORY 00 42 16943.25 1007.03 HALLIN OM 12 13879.46 858032 HANSEN SC 42 15127*22 920.86 HANSING CJ 31. 5652.06 282.62 HENNING JP 90 100.00 O.CQ HENSEL MM 3L 12320.93 918.32 H1GUS PA 90 5648*59 349.92 HILL OE 93 399.00 63000 JACOBS TJ 33 16492*67 1070.56 JOHNSON HP 31 19904096 1204008 KIL80 MH 31 24695*69 1544.40 KLRNYCLUK M 31 20224.77 12044J8 KNUTSON CA 15 11620918 717.71 KRUEGER JA 90 1856925 292.5O KUEHN TM 15 2238509 1399.92 LATTIN JC 'S 13141.07 d58.33 MABUSTH JA 33 20511*29 1282.72 MCGOWAN LR y0 16824.32 1051.52 MUROWCCYNS J 3L 22143.78 I204.08 MROSS FT 6L 13281.54 181o60 NAAB TL 12 8717.90 6544Y1 NELSON RA 43 42.50 21o25 OAS JO 93 n17.40 0*10 OMAN LE 33 )C06.46 555.?O PLTcRSDN PL 12 7500,55 412.92 PET[RSCN RW 93 160.20 O.JO PETRAN JC 33 1064*70 560.J0 GUAST WA 42 15841.91 954,48 ROYCRAFT GE 93 0.00 0.03 SASS JJ 42 lb509.04 904,15 SIEVERS RC 91 1180000 J.CO SKREEN DS 42 15379*10 1057.41 SLIGO 39 93 1524*60 200o20 SMITH JR 92 14226.)7 1122.93 STEFFENMAG 'eE 93 10169.57 1011*'J CITY OF ORONO P A Y R Y—T—D —— — ——— EMPL—NO NAME DIV GROSS GROSS EXP/ALLOY STEVENS BG 93 2429.72 287.33 THIES SR 90 2945.00 287=50 TIlOMTON MR 31 11780olO 833.66 TOMCHECK LF 31 7400.84 816.83 TONCZYK MY 31 20559.64 1234.18 COUNT GRAND 43j694.30 PAID 00051 TOTAL 00056 TCTAL TOTAL FICA TAX GROSS = 239034884 EMPLOYERS FIC. A = GROUP HEALTH B = PHYSICIANOS HEALTH PLAN C = BLUE CROSSI.LUE SHIELD 0 = MEDICAL CENTER PLAN E = PRUDEATIAL F = COORD. HEALTH CARE G = MINNESOTA HMO M = TRANS—AMERICA OCC. I = BANKERS LIFE J = MUTUAL SERVICES K = MUTUAL OF OMAHA L = EMPLOVEEIS BENEFIT M = AETNA N = NICOLLET ELTEL 0 = LEAGUE OF CITIES Z = HEALTH CARE MAINT ACCT. MISSING HCSP CODE FOR SOME EMPLOS IRAN CITT Of GROAG CNECN REGISTER 02-25-96 PAGE I CHECF NO. LATE AMOUNT VENDER ITEM OESCRIFTICA ACCCLRT MO. INV. P P.O. F MESSAGE • 231002 CA/20/Bf 16.96 A-1 RINNETONFA RENT EQUIP RENTAL 91-4331-249-42 16.96 • uu•• .... CIS 237006 08/20/BE 16.00 ACRO-MINNESOTA INC OFF SUPPLIES Cl-4210-039-12 • 23f0G6 08120/fi1 16.00 ACRO-MINAESOTA INC OFF SUPPLIES 01-4210-129-31 237006 OB/20/Bt 16.00 ACRO-MINAESOTA INC OFF SUPPLIES 11-4210-174-33 48.00 • u ••.. .... CIS f 2l701• 06/20/81 240.24 ALL STAR ELECTRIC MAT RISC EQUIP 0I-4N2-249-42 23ID14 08120/8E 65.25 ALL STAR ELECTRIC NMI SLOG/6ACS CI-4113-129-31 237J74 0812U/et 296.80 ALL STAR ELECTRIC ANT BLOG/GRES 01-4!43-249-46 ♦ 23101. CB/201111 187.00 ALL STAR ELECTRIC -Nf MNS/PLT 12-4`4!-549-51 789.29 It ..•... ....CRS 237019 08/20/81 25.79 AMERICAN LINEN MN: BLD6/GRCS 71-4!U-515-90 • 25.19 ..•... ....CMS 21t326 08120/8e 66.80 APPLIED GRAPHICS INC Off SUPPLIES 01-4210-114-33 86.+0 •u u. •••-CRS • 231 OS1 0812018t 2.78- AT A f CC"" TELEPHONE 11-4320-174-34 237031 C612018C 2.?B AT G T CCHN TELEPHONE [1-4320-174-34 237031 08/20/Bt 2.18 AT 6 f CCNN TELEPHONE C1-4320-315-34 • 2.78 ...... ....CIS • 237034 0812CISC 43.26 ANCHOR PAPER OFF SUPPLIES O1-4210-039-12 237034 08/2G/9t 1.41 ANCHOR PAPER OFF SUPPLIES 01-4210-059-14 • 237034 Ce/2C/8t 12.85 ANCHOR PAPER OFF SUPPLIES CI-4210-069-IS 237034 08/20/81 146.98 ANCHOR PAPER OFF SUPPLIES 01-4210-114-33 237034 00/2C/Bt 4.98 ANCHOR PAPER OFF SUPPLIES CI-4110-249-42 • 237034 00/2C/Be 2.09 ANCHOR PAPER OFF SUPPLIES 11-4210-$15-90 23PO34 OB/2C/0t .15 ANCHOR PAPER OFF SUPPLIES 12-4210-54"1 237034 08/20/81 .91 ANCHOR PAPER OFF SUPPLIES 74-4210-590-53 • 212.66 .•.u• •...CRS • 237754 08/2018E 199.31 BARTON SAND 6 GR St ANT SUP 01-42J3-249-42 199.31 • .0 ... ...-LRS • 237064 0R/20/Bt 22.69 BLITZ ONE NA FOTO OFF SUPPLIES 81- 42I0-129-31 • 1184 CITY Of GROKO CHECK NEW StLR 08-25-86 PAGE 2 CHECK NO. JAIE AMOUNT 9ENOCR ITEM OESCREFIIUN ICCCUAI W. IA9. R P.O. F NESS AGE • 22.69 . 2370.5 08120/8E 55.00 BLACKOGIIR L SONS NMI BLDG/GALS CI-4!43-099-17 r 237005 C11/2E/9E 100.00 BLACKOBIAK G SONS NMI BLDG/GRCS CI-4!4l-290-GI 217065 CB/20/BE 39.00 BLACKONIAX L SONS NMI BLDG/GRES 11-4l4l-515-96 193.00 . r ..u.. r 23 T 071 C812CISE 45.00 BOBZIEN\SUE A NCARINS APP 01-4221-129-31 45.00 r ...... ....CXB 23]083 CB/20/9E 192.2♦ BRYAN AGGREGATES ST ""I SUP C1-42!3-249-42 r 192.24 ...... ..--CKI r 237087 0812018E 400.50 SURE L CARLSON INC ST NNT SUP CI-42!3-249-42 400.50 ....•. •.•.CXS • 237091 08/20/BE 39.00 BUTCNES EAR SUPPLE CO"C RESALE 74-4EE2-591-94 39.G0 ,. ...... •...CXS 25 R1D C8120011E 109.52 CMAPIN PLBLISMING PRT6/PURL C1-4322-219-42 r 109.52 ...... ....CPS r 23TI24 O812C/BE 12.00 COCA COLS VENDING EQUIP RENTAL ll-4!!1-S15-90 237IZ4 C6120181 513.85 COCA COLA VEMOSNG N111 PORCH 11-4820-514-95 t 237124 06/2018C 324.90 COCA COLA VENDING CIVIC RESALE 14-4Et2-591-54 850.75 r •..... .... CKS 237130 08/20/BE 94.85 COLONIAL LIFE INS CO HEALTH INS C1-41•J-IZ1-ll r 237139 06/20/89 47.25 COLONIAL LIFE INS CO HEALTH INS CI-4151-126-4-1 142.10 • ....•• ....CXS 23IL33 Da1201BE G.00 CONN-REV SALES TAR SALES TAX-4ULT CI-3SEG-000-cc 237133 0812018E 16.04 COIM-REV SALES TAX SALES TAX-JULV 41-2222-000-00 237133 0812018E 4,417.00 CON" -REV SALES TAX SALES TAX-JQLV 11-2222-00O-CO 25FI13 08/20/8C 114.00 COMB -REV SALES TAX SALES TAX-JULE 72-2222-000-90 • 237133 0812018E 1,134.00 COPR-REV SALES TAX SALES TAX-NLLI 14-2222-000-00 5,749.00 • _ C ...... ....CKS LI06 CITY OF CROPS CHLC6 NO. CATE • 23114E C8/2018f 231142 CH/20181 • 237142 CV12018E Z11142 48/2C18f 23t142 08/2318t • 23/142 08/20/Bf 231142 0812018E 2311.2 08/20/Bf • 23t142 0812018E • 23T1.3 0812a/at 237143 0812018E 231143 O8/20/8f • 237143 C9/20/8t 23PI43 CB/20/8t 231143 08/20/8f • 231143 08/201SE 23t143 08ITC/8t 237143 618/2018t • 2371.3 CB/2C/BE 237143 08/20/BE 237143 00/2C/9t 2$114. C8/20/8E 23114Y 08/20/01 • 237263 04123/8f 23IL63 08/20/6E • 23718/ 08/20/BE 237181 OB/20/Bt 237181 C8/20/Bt 231188 08/20/86 • 237188 08/20/Bt 237108 88/20/Bt 237199 08/20/89 AMOUNT 245.36 8.06 72.50 151.95 633.64 28.23 11.85 .99 5.43 1,358.35 4.5o 2.70 3.60 3.60 8.10 3.60 5.40 .90 2.70 1.08 1.62 .90 36.10 273.77 213.11 56.03 56.03 it i41.40 64.24- Ir6//.36 ..618.45 43.60- 54.30 4.629.13 129.13- 129.13 129.13 129.13 3.434.00 THEIR REGISTER VENOCR ITEM OESCRIFIECR COPY OUP PR INC OFF S3PPLIES COPY OUP PR INC OFF SUPPLIES COPY OUP PR INC OFF SUFPL PS COPY OUP PR INC OFFO SUPPLIES COPY OUP PA INC OFF SUPPLIES COPY OUP PR INC OFF SUPPLIES COPY OUP PR INC OFF SUPPLIES COPY OUP PR INC OFF SUPPLIES LOPY OUP PR INC OFF SUPPLIES COMMERCIAL LIFE INS LIFE INS COMMERCIAL LIFE INS LIFE INS COMMERCIAL LIFE INS LIFE INS COMMERCIAL LIFE INS LIFE INS COMMERCIAL LIFE INS LIFE INS COMMERCIAL LIFE INS LIFE INS COMMERCIAL LIFE INS LIFE INS COMMERCIAL LIFE INS LIFE INS COMMERCIAL LIFE INS LIFE INS COMMERCIAL LIFE INS INS COMMERCIAL LIFE INS •9S COMMERCIAL LIFE INS L1F_ INS COPMISSICNER TRANS OTHER IMPROVPNI CROWN ALEBER STAMP OFF SUPPLIES DAY DISTRIBUTING CO BEER PURCM DAY DISTRIBUTING CO BOT RET Y- EAST SIDE BEVERAGE BEER PURCH EAST SiDE BEVERAGE SOT RET EAST SIOE BEVERAGE BEER PURCM E A SNEER CONC RESALE E A SWEEA CONC RESALE E A SVEER CONC RESALE ROLF E ERICKSON ASSESSING SERV 08-25-86 PAGE - ACC06A1 No. LAW. A P.O. A PESSA&C 01-4210-039-12 CI-4'10-059-14 El-42IC-069-15 01-1210.129-31 C1-4210-114-33 E1-4210-249-42 )1-4210-515-9C 13-4210-569-92 14-•210-590-93 CI-4152-039-12 CI-4152-069-15 CI-41E2-121-31 C1-4132-126-31 C I-U `.2-129-31 [1-41'2-114-l3 LI-4132-t19.42 11-41'2-515-90 )2-41`.2-5N-91 l:-.152-569-9< )t-a 152-590-9! 2]-4330-]50-00 [ 1- 4210-i H-33 11-4l15-514-95 11-4EIf-51N3• ll-4115-514-95 ll-4Elf-314-95 ia-{l15-591-94 14-4f02-514-95 14-41C2-514-95 14-4EC2-591-94 CI-430-05h14 ....CMS 1956 CITY OF GRIND CHECK REGISTER 08-25-86 PAGE CHECK NO. CATE AMOUNT VENDER ITEM DESCRIFISON ACCULAT 40. INV. A P.Y. A PESSA&L 3.43..00 u u.. ....C.S 2]1202 0612018E 11.34 TOXIC" MIMING CO CONC RESALE 14-61C2-•'.T-96 11.34 u•o• .. .INS 2l123i 0812C18E 3.00 FOUR STARR STORE SUPPLIES 23223! 0812E/BC 331.00 FOUR STAPR MIX PLAIN 11-6820-516-95 334.00 u•u• ...-Ce2 TS22.9 pBJ SCID! $0.00 GANIEL SIGNS AUTO EQUIP 16-65!0-632-00 231.99 05/20/86 100.00 6.R2EL SIGNS AUTO EQUIP 1.-4!!0-633-00 150.00 u•u• u._LAS 231256 0812018E 226.96 GENUINE PARTS CO EQUIP/PTS/ACCESS CI-9222-249-42 23i256 08/2C/BE 1.30 GENUINE FARTS CO EQUIP/PTS/ACCESS 12-9222-549-91 237256 08120/BE 1.96 GENUINE FARTS CO EQUIP/PTS/ACCESS 13-9222-569-92 231256 08/2028E 22.04 GENUINE FARTS CO EOUIPFPTSACCESS 74-4232-590-93 252.26 2J12Stl 0tl/2C/BE 150.30 GLENWOOD INGLEWOOD UTILITIES E1-4324-099-11 150.30 u.u• u._US 237212 0822028E 91.00 G A K SERVICES WEARING RAP 01-0221-249-42 232212 Ctl/Pole! 10.06 G A K SERVICES ST MNT SUP 21-9222-249-42 231212 09/20i8E 43.20 G K K SERVICES BLDGIGROS PAT 01-9!93-099-11 237212 CS/201SE 67.60 G A R SERVICES 8LOHGRDS ART CI-6243-129-31 231212 G9/2G/8E 21.16 G S N SERVICES NEARING APP 12-4222-569-91 231222 68/20/8! 5.34 6 A M SERVICES UTIL SYS MAY S4P 12-4224-569-91 237212 0822019E 2.80 6 P K SERVICES BLOVGROS PAT T2-.2 U-569-51 237272 C8/20/8E 32.64 6 A K SERVICES WEARING APP 13-4221-569-92 231612 0812018E 8.02 G A M SERVICES UTIL SYS ANY SUP 1!-6236-569-92 232222 06/Z0/e6 6.20 6 A K SERVICES MLOG/GROS ANT 13-6!93-569-92 231212 0822028E 10..0 G A K SERVICES NEARING AFP 19-6221-590-93 297.02 ...... ....CMS 23T2B9 08/20/81 12.50 HAPPTS PCTATO CHIP CONC RESALE 16-68C2-591-99 12.59 - 231291 08120,86 45.00 HIM CT9 CHIEFS PTAC CONF/SCHOOLS 01-4!!6-129-31 1986 CITY _ Of ORG6U CHECK REGISTER 08-35-66 PAGE CHECK NO. DATE AMOUNT VENDCR ITEM OESCRIPi10M AECGLMT AG, IRV. A P.O. R ME"A'i .5.00 331330 UB/2C/BE 28.08 ICMA RCTPHNT CORP ICMA RETRO S/1 J113 01-4140-039-12 237330 C8/20/8C 77.32 ICMA RETRMNT CORP ICMA 7/14 TC 1121/86 CI-4140-039-12 105..0 .. u.. .... CK3 231363 08/20/86 5S.T6 TOP JACOBS MILEAGE Cl-9!EI-114-2! 55.76 c..... •.•.CKS _ 2323I1 0812018E 125.00 JIK CO GIST RISC PUMCM 11-4920-51.-95 125.00 - 231312 08120/B6 16.59 JOHNS AUTO SLPPLT .!TG ERP CI-4l12-249-42 16.59 .....• .. .CR! 237375 0812016E 190.20 M V :UNNSTON CULVERT ST NMI SUP C1-4223-299-42 190.i0 . 2323/6 0812016E 161.65 JOHNSON PAPER CO STORE SUPPLIES 11-42ZG-515-90 167.65 ...... ....... 237380 08/20/81 198.00 JONC CHEMICAL UTIL SYS BAT SYS 12-42l4-549-91 198.00 ..«u .. .cR5 WIN? 06/2C/6E 1.50 KING SUPER VALUE UTIL SYS MRT SUP 12-42l4-549-91 23238E CB/i:/NE 2.25 KING SUPER VALUE UTIL SYS PNI SLP 1l-42l9-569-92 231362 0812S/BE 5.25 KIM SUPER VALUE BLDWGRUS PAT 10-12l1-590-93 .;0 ..•... ......S 237392 00/2012E 62.00 KOOL KUBE Rix PERCH 11-412t-S1.-95 62.00 •.•.•. .••. C.S 231400 0812016E 15.00 MUSTOM ELECTRONICS EQUIP/PTS/ACCESS 91-42l2-129-31 15.00 . 231401 08/2018E 956.31 LABOR RELATIONS ASSN OTHER CONSULT C1-4306-129-31 936.31 .....• .... CPS 1186 ^ITY OF ORONO CHECK REGISTLR 08-25-6E PAGE 6 • CHECK NO. DATE AMOUNT VENDER ITEM OESCR1F110N ACCOLRT NO. INW. R P.O. R PESSAGC 2314G4 0812016E 22.10 THE LAMER PRYC/PURL C1-4322-020-11 232909 0612018E 200.19 THE LAMER PUBLISH ANNUAL APT 01-6l22-069-15 • 237409 001201SE 27.24 THE LAMER PRIG/PURL 21-6!22-269-42 23I909 08/20/64 103.00 THE LAKEN PUBLISH ANNLAL OPT 11-4322-515-90 23/604 08/20/6E 48.00 THE LAKEN PUBLISH ANNLAL OPT 12-E322-569-91 • 131604 0812416E 49.00 THE LAMER PUBLISH ANNLAL APT 11-9322-569-92 23/904 01112018E 49.00 THE LAMER PUBLISH ANNLAL POT N-E322-y90-9] 492.13 • .•.... ....... • 211439 09/20/81 396.88 LOW LN FOOD TRACTOR EQUIP/PTS/ACCESS CI-62!2-269-62 231639 09/3C/9E 19.10 LOW LR FORD TRACTOR EQUIP/PTSIACCESS 31-92!i-590-93 365.98 • •o u. •. -CMS • 232Eb0 0812918E 331.20 MARK 9[I GIST WINE PORCH 11-9E12-51"S9 232960 0012018E 5.291.90 BARN WII GIST BEER PUNCH 71-AEIS-514-95 23/460 0612C/BE 131.20- MARK WII DIST NOT NET 11-9E1E-516-95 • 232960 OB/20/6( 69.60 MARK BII GIST BOY NET 11-9E3E-51E-95 5.553.50 232.62 Oe/20/BE 585.52 MARTINS NAEARRE 66 AUTO NNY CI-4!91-129-31 • 232962 08/2C/0E 25.00 MARTINS NAVARRE 66 AUTO MNT EI-4!41-249-4i 610.82 v ...... ...-Cgs 231929 ON/20111E 14.312.18 METRO WASTE CONTROL MNCC SEPT ]!-liF:-000-04 • 14.312.18 • ...... .... Cgs 23/679 08/2018E 90.40 MIOWE ST ANNUAL SERW ANIMAL CARE E/-6!E Q-1115-!5 2319I9 00/20/91 263.26 MIDWEST AMIN" SEAM ANIMAL PRINCE CI-4!E1-185-35 • 353.60 231680 08/20/eE 5 MIDWEST ASPHALT ST NMI SUP 01-62!!-299-42 :219.011 5219.OB ....•. ...-Cgs • 232485 08/201BE 33.60 HOES OXYGEN CO RAT RISC EQUIP C1-6!E2-299-42 33.60 • .0 u ..•-<XS • 03 199•0 0812018E 9.5/ NIMIECASCO UTILITIES 01-4!24-099-17 9.51 • •..... ....CRS e I'R6 CITY OF 0. %0 CHECK REGISTER CB-25-86 PE4E 1 CMECR NO. DATE AMOUNT • ITEM OESCRIFIIGN ACCCLNI NO. INW. F P.V. ) PCSSAGE 237415 001221EE 7.00 MN cFll ASSN HEALTH INS C1-4151-196-11 7.10 2I7510 OB/20/eE 856.99 6M MUELLER 6 SONS :T RMT SUP C1-62!3-219-42 656.99 •...•. .... EFS ?31548 09/20/01 15.79 NAVARRE HROWARE BLDG GROS 041 SUP Z 175A8 CB/20/8E 166.15 NAVARRE HARDWARE EQUIP/PTSIACCESS 01-4232-129-31 237598 08/20/8E 10.88 NAVARRE HARDWARE EQUIP/PTS/ACCESS 9I-42!2-174-33 2315.9 Da12G191 43.10 NAVARRE HARDWARE EQUIP PIS ACCESS CI-42!2-249-15 _ 2315.8 DB/2C/B! .38 NAVARRE PAROVARE EQUIP/PFS/ACCESS 01-43!2-290-61 237540 C8/2L'/BE 27.94 NAVARRE HARDWARE EQUIP/PTS/AECESS 12-42!2-549-91 23Y548 08/2C/Bt 9.96 NAVARRE HARDWARE EQUIP/PTS/ACCESS _ 237598 08/2C/BE 36.44 NAVARRE HARDVLRE EQUIP/PTS/ACCESS 7e-42!2-590-93 311... ...•.. •.•.CAS 231550 08/20/8t 62.00 NELSON DELIVERY ITT PUNCH 71-4E18-514-95 - 237550 08/2C/Bt 195.50 NELSON DELIVERY WINE PUNCH I1-4812-516-S5 231550 OB/BC/et 1.50 NELSON DELIVERY BEER PORCH 11-015-514-95 231550 08/20/81 2.50 NELSON DELIVERY MIN PUNCH II-4020-514-95 - 261.50 •.•... •... CRS 237559 08/2G/Bt 7.91 NSP UTILITIES GI-4!24-099-11 237559 OV/20/BE 891.24 ASP UTILITIES 01-4!25-2E9-42 237559 08/20/8E 396.01 ASP UTILITIES 237559 OB/2C/8E 228.56 ASP UTILITIES 13-6326-569-52 1.523.70 uu.. .... INS _ 231568 OR/2G/2E 30.60 NORTHWESTERN BELL TELEPHONE C1-6!20-129-31 237568 0812018E 19.50 NORTHWESTERN BELL TELEPHONE 01-6!20-249-42 237568 0812018E 20.12 NORTHWESTERN BELL TELEPHONE 237568 08/20/BE 16.51 NORTHWESTERN BELL TELEPHONE 12-4!5!-549-91 237554 06/20/BE 24.66 NORTHWESTERN BELL TELEPHONE )3-t 355-Se9-92 120.25 - ...... ...... L 237574 0812018E 10.00 OFFICE PFOD OF RN OFF SUPPLIES CI-4210-059-12 237574 Utl/ZO/BE 10.00 OFFICE PPOO OF AN OFF SUPPLIES CI-6210-174-33 20.00 u u•. 237597 08/2018E 66.83 PUBLIC EPPL NET ASSN PEND 7/28 TO 8/10/86 CI-414.-039-12 L 1986 CITY OF OROAO CHECK REUISTER 0-25-46 PAGE 1 f CHECK N3. .RTC AMOUNT YENDCR ITEM DESCRIPTION /CC ]LAl F0. IFY. • P.U. F RSS A4L • 2375)1 O0/2:19L 3.82 PUBLIC EPPL RET ASSN PERD I/29 TC 8113146 01-4141-040-13 237591 OB/20/Bt 1.13 PUBLIC EPPL RET ASSN PERO 9128 TC 8110/96 Il-4141-459-18 23Fi91 OB/24/Bt 104.46 PUBLIC EPPL RET ISSN PEND 7/28 TO 6110/O 01-4149-069.15 ♦ 237591 U8/20/8f 11.13 PUBLIC EPPL RET 4SU PERD 7/20 TO 6/10/8E 01-4141-099-I1 237591 0d/23/ef 1.01A61 PUBLIC EPPL RET ASS% PERO 1128 TC 1/10/BE CI-41.1-111-31 23/591 08/20/Bf 45.22 PUBLIC EPPL RET ASSN PERO 1128 TO 6/10/86 41-4141-I15-31 ♦ 232597 0912018E 342.73 PUBLIC EPPL RET ASSN PERD F/28 TO a/10186 E1-A9/1-121-31 211591 98/20/84 549.04 PUBLIC EPPL REY ASSN PERO 112d TO 8/10/86 CI-N.1-12b-]1 237591 06/20/84 195.42 PUBLIC EPPL RET ASSN PERC F/28 IC 6110/81, • 251591 08120/df 210.98 PUBLIC EPPL RET ASSN PERO F/26 TO 6/10/86 CI-4141-249-42 23F597 0012018E 51.49 PUBLIC EPPL RE ASSN PERO F/28 TO 0110166 Cl-4141-290-61 23759/ OB120/RI 1.37 PUBLIC EPPL RET ASSN PEND 1128 10 1110184 45-4141-432-OC • 237531 DB/20/et 142.68 PUBLIC EPPL MET ASSN PERD 1128 TO 6//C/86 11-4141-515-50 237511 0B/20/61 115.01 PUBLIC EPPL NET ASS" PERD 1/28 10 8113/86 12-4141-549-91 23259F OB/20/at 140.5F PUBLIC EPPL RET ASSN PERO 2128 IO 6/10/86 15-614t-569-92 • 23/597 0B/20I8t 08.13 PUBLIC EPPL RET ASSN PERO 1/20 TO 8113/86 14-4141-590-93 3.047.29 • ., • 237599 08/2CISE 9.00 PERA INS LIFE INS 01-4152-129-31 9.00 25163E 08/20/St 245.00 PANNELL RERR FORSTER AUDIT PIPUT 14 FINAL 91-4!00-020.11 • 237608 OB/20/8t 53.00 PANNELL YERR FOR51ER AUDIT PINRT At FINAL 71-4!CO-515-90 237606 08/20/8t 41.00 PANOELL RERR FORSTER AUDIT PTNNT 04 FINAL 12-4304-549-91 237608 08/2C/86 49.00 PANNELL PENR FORSTER AUDIT PIANT 64 FINAL 1!-4!C0-569-92 • 23763R 09/2Ctaf 20.00 PANNELL PERA FORSTER AUDIT PIRNT 04 FINAL 79-93C0-590-93 ...-<PS ♦ u.... 231611 OB/<-0/Bf 260.94 PCPSI COLA/FUP BTLD NIN PURCN /1-9E20-514-95 ♦ 268.80 .... Cgs • 231615 CB120/ef 19.00 PERRYS TRUCK REPAIR AUTO NOT CI-4!41-114-3! 237613 OB/2C16f 2.0i PERRYS TFUCA REPAIR AUTO ""I CI-4!61-249-42 237613 C8/20/8E 82.50 PERRYS TRUCK REPAIR AUTO NUT 12-9l41-599-91 23T613 Qd120191 123.T5 PERRYS TPUCR REPAIR AUTO NUT F]-Alf I-Sb9-Ss 222.25 .... CRS 2316IF 0812011E 24.35 PHOTO FACTORY OFF SUPPLIES t1-4210-129-31 2..95 . •• -[Ai •..... 2ST620 09/20001 4.1.45 ED PHILLIPS A SONS YI"E PURCN 11-4812-514-95 • 237620 081201SE 8.63- ED PHILLIPS A SONS WINE DISC 11-4113-l19-95 .32.62 . ...-CRS 0 ...... u86 CITY OF OROAO CHECK REGISTER 0A-t 1-86 PAGE CHECK NO. DATE AMOUNT VENDER TIER DESCRIFTIJA ICCCLAT NO. [IV. A P.G. V PES.A_E 237624 0612019E 4.19 POGREBA EIST INC STORE SUPPLIES 11-Li!0-SIS-91 231621 0812018E 104.65 POGREBA CIST INC WINE PUNCH 91-4f12-5L4-95 - 23/624 0612LI9E 3.012.55 POGREBA CIST INC BEER PURCH //-tl15-S1A-95 232624 WWII( 146.90- POGREBA CIST INC BUT NET 11-4EIE-514-95 257624 06/20/84 23.40 POGREBA CIST INC MIN PUNCH 11-.l20-51.-55 _ 2.997.70 .u... .• -ORS 231621 WWI. 8.25 PITNET TICKS POSTAGE CI-4121-031-12 231621 08/20/BE 8.25 PITHILY BCYES POSTAGE CI-4!21-059-19 _ 231621 0012018E 0.25 PITNE9 BC•ES POSTAGE 01-4!21-069-15 2.262E 08/2C/8E 8.25 PITNET BCYES POSTAGE 01-4221-179-33 23162I 08/20/BE 8.25 PITNET BE6ES POSTAGE 232624 08/20/8• 122.50 POPHAM HAIR A ASSOC RETAIKR Cf-41C1-060-16 _ 231628 08/20/8E 1.272.81 POPHAM MAIN A ASSOC COURT APPEAR CI-4!"2-080-16 231628 08/2C/ee 24.00 POPHAM NOW A ASSOC LEGAL CONSULT CI-4LC]-039-12 23/62B Ce/2O/Bf 16.00 POPHAM MAIX A ASSOC HIYAT 12 CON t1-4ID]-OeO-16 _ 237628 08/20/6! 66.00 POPHAM HAIR A ASSOC LEGAL CONSULT Et- V0!-O80-I6 237626 OB/20/•E 198.02 POPHAM MAIN A ASSOC LEGAL CONSULT CI-4!63-114-33 231629 i8/206-E 63.00 POPHAM MAIN A ASSOC LEGAL CONSULT CI-4]`03-299-92 _ 25/629 08/20/ef 1.231.30 POPHAM HAIM L ASSOC LEGAL CONSULT CI-430b440-11 232628 C8/2C/6t /S.SO POPHAM MAIN A ASS" LEGAL CONSULT Al-4!O3-4OT-OO 232628 08120/SE 6,024.61 POPHAM MAIN L ASS" LEGAL CONSULT 45-4]03-432-00 _ 12.651.75 A ...... .... CIS 23163, 08/20/04 .1.50 PRAIRIE OFFSET PRTG/PUSL CI-9!22-039-12 23163. OB/20/BE 4T.50 PRAIRIE tfFSET PRTG/PUBL CI-M!2•'-lil-]] 95.00 232659 C6/2C/et 8.25 PROEM PHOTO SUP OFF SUPPLIES CI-4210-124-1J 6.75 A ...... ....CPS 231643 Cfi/20/ef 21.03 PRUDENTIAL LIFE INS tT-. 2-061-15 237643 0812028E 13.75 PRUDENTIAL LIFE INS 01-.1!2-121-31 237643 0812018E 21.60 PRUDENTIAL LIFE INS 81-41!2-126-3I 237643 06/20/BE 24.60 PRUDENTIAL LIFE INS 01-41E2-129-31 232643 08/20Iet S.40 PRUDENTIAL LIFE INS Cl-4152-249-42 23T643 46/2018E 34.3! PRUDENTIAL LIFE IK CI-.IS2-515-9C 231645 08/20/81 4.92 PRUDENTIAL LIFE INS 237643 0812018E 7.38 PRUDENTIAL LIFE INS 1]-.1!2-569-92 138.99 uo.. ....... L 23TLS0 68/20/8E 2.95.89 QUALITY YAK CO LIG 11-.fll-51.-15 230L50 0812608E 27.61- 9UALIT5 PINE CO DIU 0 71-1l 11.51/-9S � 117650 08I20I Bf 221.50 WLLIir .!K CO Mt UN YIK PUNCH T1-.111-Sp-9u 198o CITY OF GRO%O CACK .EGISTLR CHECK NO. DATE A4OUNT WEbrK IESCRIFTION 237b50 08/20/8E 2.27- GJALITY 61ME CO DISC 2.416.51 • 237662 0812018E 251.10 REED CANCY i TOBACCO CONC RESALE ••.... 251.10 - 237140 08/20/8E 65.65 DON STREICNER GUNS EQUIP/PTS/ACCESS •...•• 65.65 • 237776 08/27/8E 222.00 TH3RPE USST CO WINE PURCM 23771b 0812018E 49322.30 :HOR;!E Dist CO SCER PORCH 237776 08/20/8E 35.29- THORPE 0151' CO HOT ZET G�509.J2 • 231779 OH/20/8E 3.160.00 TRACY OIL Cu GA9oLTNE 39160.00 • 237781 08/20/8E 96.00 TURF SUPPLY BLDG/GROS SLP 96.00 • 237835 CB/20/8E 258.00 WARNING LITES INC EQUIP RENTAL 258.00 • 237900 08/20/8E 50.0' RON BLESIkE BLESNE 11041 50. ( • 237901 C8/2C/8E 22.25 BLDG NEWS INC HOOKSINERICCLS 22.25 • 237902 C8/20/8E 29000.00 :m APPRAISAL A4SN OTHER CONSLILI 29000.00 • 237903 Le/?C/8t 19.0C CLARK/BRIAN TEMP EPIP 19.0J • 237904 08/20/8E 200.10 THE CONSULTING GROL OTHER CONSULT 200.00 • 237905 C8/20/8E 363.87 CHARL. AUT PINT AUTO 363.87 • 237906 08/20/8E 700.00 MN POL RECRMT SYS OT.. :914SULT Cb-25-86 PAGE 17 OCCCLr MC. IAV. I P.u. • PESSAuE •••-CAS 70 C2-591-S4 •••-CKS C1-42'2-129-211 •••-CKS 71-♦F12-514-95 71-•fl°-511-5: 71-4E1E-51♦-95 C1-12EC-G00-GG •••-CKS 7�-•2.1-E30-93 •-•-CKS C1-4 "1-2�9-a2 ..•-CKS C1-2 CC C1•424C-174-33 •J:'0-129-31 C1-4`41-129-31 11-43C6-129-31 l'►io CITI OF CRGAO CHECK r.J. CATE 237901 237908 231979 231910 HC781tl ACT819 HCT819 MC7820 HC7820 HC1821 HCT1321 HC 7 821 HC7821 HC7322 HC7822 HC7822 HC7822 ...... HC782♦ HC7825 HC7825 HC7,126 HC7826 HC7821 HC7327 JB/20/8[ 138/2C/8t 08/20/8E 08/: /8E AMOUNT 700.30 • 78.21 78.21 • 4400.0; 3!5.00 '35.00 • 90.00 90.00 • CHECK REGISTER VENDER ITEM DESCRIFTICA PIOC LTD PUB MG14T CONSULTANTS CITIZEN SECURTTY INS WEST SIDE REOI Mix EOU1P/PTS/ACCESS OTHER CONSULT OFF ICE EGLIP ST ANT SUP C8-25-8E PAGE 11 OCCCLKT NO. INV. M P.U. 0 ►LSSAGE 74-4;!2-590-93 C1-4!06-129-31 C1-4_40-129-31 CI-42!3-249-42 ...-CK1 U8/20/8E 19819.00 DOCK 6 LIFT DIST CTR MNT dLOG/GRCS C1-4!4!-290-t1 "ANUAL 1s819.00 • 08/2C/BE 328.35 PRIOR WInE WINE PURCH 71-4F12-514-95 PAMuAL 08/2C/8t 6.41- PRIOR WIRE WINE DISC 11-4E1!-514-95 MANLAL 321.94 • 08/20i4t 261.90 JOHNSON EROS WINE PURCH 71-4F12-514-St MANUAL 08/2C/8E 2.61- JOHNSON EROS WINE DISC 71-4E13-514-95 MANUAL 259.29 • G812C/8E 19570.95 QUALITY LIME LIO PURCH 11-4EIC-`_14-5`. PANLAL 7R/20/8E 31.32- QUALITY VINE LIO DISC 11-4E11-514-95 MANLAL Cd120/8f 364.78 QUALITY NINE WINE PURCH 11-4E12-514-95 MANLAL 0812018E 3.62- GUALITY LINE WINE DISC 11-4EI3-514-95 MANLAL 19900.79 C8/2C/8E 1*080.13 EO PHILLIPS LIQ PURCH 11-4E10-514-95 MANLAL 04/2C/8t 22.41- EO PHILLIPS LIO DISC 11-4E11-514• ,5 r ,AL 0812018E 566.30 ED PHILLIPS WINE PURCH 11-4E12-514-9t „OL 06/2C/8E 10.53- WINE DISC ll-4E.!-514 9� P..roWI 1s614.09 • •••-CKS 08/2C/8E 160.00 PN CLE CONF/:CHOCIS CI-4!tE-129-31 MANLAL 160.90 • C8/20/8t 19812.o7 EAGLE DIST LIQ PURCH 71-4F.. 14-95 MANLAL 08/20/8E 36.02- EAGLE GIST LIQ DISC 11-4E1' i14-55 MANLAL 1,176.65 • 08/20/81 233.24 ED PHILLIPS WINE PURCH 71-4E12-514-95 MANL/AL 08/2C/eb 4.66- ED PHILLIPS WINE DISC 71-4FI!-514-95 MANLAL 228.58 • G8/20/st 218.89 TWIN CITY WINE WINE PURCH II-4E12-514-95 MANUAL 06/20/8E 2.19- TWIN CITT WINE WINE DISC 71-4E13-514-95 MANUAL 216.70 • 1;1dU CITY OF URCNO CHECK RLGIST_R Cd-2 -96 P A G F I2 CHECK NO. LATE AMOUNT VENOCR ITEM DESLRIPIIOh A_COLNT NJ. INV. r P.l.. r •i:.�Ait HC7829 0812018E 3.19 DOER SS PET DIV FICA 7/28 TO 8/13/86 C1-4142-:120-11 4A%L3L HC7829 .^d/20/8E 239.22 0' 4 SS NET DIV 'ICA 7/?8 TJ 8/IJ/86 Ct-4142-039-12 MANLtI HC1829 08/2G/8E 6.43 Ct K SS NET DIV FICA 7/28 TO E/10/86 C1-4142-040-13 rA%kAL HC7829 08/2C/8E 1.90 DER SS PET DIV FICA 1128 IC 8113/86 01-4142-059-14 MANUAL 4C7829 08/23/81 175.73 JOER SS PET DIV FtSA 1/28 TO 8/10/86 C1-4142-069-15 MANUAL HC7829 08/2.'?iE 18.72 DO:R SS PET DIV FICA 7128 TO 8/10/86 C1-4142-099-11 IMANLAL 84C7829 G8/2C/dE 8.54 'ER SS PET DIV FICA 7/28 TO E/1%/86 C1-4142-111-31 MAhLAL HC7829 08/2C/8E 76.07 DER SS PET DIV FICA 1/28 TC 8110/86 C1-4142-115-JI MANUAL HC7d29 08/20/et 3.3D DOER SS PET DIV FICA 7128 TO 8110186 C1-4142-126-31 MANUAL HC7829 08/20/8E 328.15 DOER SS PET DIV FICA 1/28 TO 8/10/86 CI-4142-1/4-3` "A%LAL HC7.129 08/2C/8( 8.12 DOER SS PET DIV F".-A 7/28 TO 8/13186 C1-4142-114-32 PANUAL HC78?9 08/20/8E 354.76 DOER SS PET DIV FICA 7/28 TO E/11/86 ZI-4142-249-42 PANUAL HC7829 08/20/89 86.60 DOER SS T DIV FICA 7/28 TO 8/l0/86 C1-4142 '90-61 MANUAL HC7Y.29 08/20/uE 2.30 DOER SS F T DIV FICA 7128 IC 8/13/86 4'-4142-432-CC PANUAL nC7'129 08/:0/8E 1.58 DOER SS T DIV FICA 1/28 TO 8/13/86 il-4142-515-90 MANUAL r+C7.42*) 08/20/6( 54.15 DOER SS RLT DIV FICA 7/28 TO 8/17/d6 71-4142-515-90 PANUAL HC7i29 08/2C/8t 94.41 DOER SS PET DIV FICA 7/29 TO 8/10/96 12-4142-549-91 MANUAL tic 7329 CS/20/8E 126.96 DOER SS NET DIV FICA 7/28 TC E/10/86 1_'-414i-569-92 PANLOL HC?d21 08/20/9E 13.C4 DOER SS PET DIV FICA 1/28 TO E/19/46 14-4142-590-93 MANUAL HC782f OP./20/8E 80.91 DOER SS PET DIV FICA 7128 TO 8/10/d6 74-4142-590-93 MANUAL 1r684.74 • •••-CKS 409215.G3 FUND 01 TOTAL GENERAL FUNC 150.00 FUND 14 TOTAL IMPROVU t ECUIF IUTLAI F 273.77 FUND 2' TOTAL MuNIC STATE AID C)NS FLA 31.50 FUND 41 TOTAL PERM IMPROVE REVOLWIKG f 89028.31 FUND 4`_ TOTAL 1985 SPEC ASSESSM-ZhT FLA 35,571.48 FUND 71 TOTAL LIQUOR OPERATi C. FUAC 963.31 FUND 72 TOTAL WATER OPERAII%Co FU%C 159122.88 FUND 7! TOTAL SEWER OPERAII%G FUNC 21461.05 FUND 74 TOTA- G'JLF COURSE CFEPATIAG FC 1029877.37 TOTAL PUBLIC ATTENDANCE CITY OF ORONO C.vLk o e ► MEETING DATE dRsl�, PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) 6. el 8.1 If j If iY '0. 5A14 iv, ? V ;-,C i i 2,71 .3. �.Q .�( �? .4. � � A P 55 /3 .9. A�& , ►i PUBLIC ATTENDANCE t CITY OF ORONO MEETING DATE a PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) • a/, n- �J1L 'S ✓11 L �. K _ y S C c- A'i u Aj 0.� 'I cbG / Q � �. n�✓ �, r �� i 1 � is r � I 9. 0. 1. 2. 3. 4. 5. 6. 7. 8. 9. 0. �n-Forma+ion J:- 4ieooM S d1b CO�nct (Aceb ft I U' 2 5 3G) INFORMATION ONLY i,:ll - ) 5 10"68 218 6.1 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato" DATE: August 21, 1986 SUBJECT: City Attorney As Kathleen Blatz is on leave and Tom Barrett has been allowed to go on a short vacation, Elizabeth Thompson will serve as the City Attorney for the meeting. Ms. Thompson has done considerable work with land use and has done municipal work, particularly with St. Louis Park. HENNEPIN PARKS Suburban Hennepin Regional Park District ;•rq 12615 Cou�Iy Road 9 PO Bo. 41320 PI y,nou:h. MN 55441 Telephone 1612 t 559 9000 August 11, 1986 Board of Commissioners Dov,d Lolvoohc `oide� a To Members of the Orono City Council: Shirley A. Bonne ce C,o Maple play^ Jualoo Anderson10, Enclosed are two alternatives for the parking lot at alpnm�rt ror William H. Boynton Noerenberg. We believe Alternative #2 is the more attractive StLw%Fa" solution both in Phase I and in Phase II for the following Nicholas fololf Ruom^vole reasons: George B. Hickey (x:ld- Wile. Neil Weber • Auto circulation in the event of an overflow situation 'is ^d easier for the park visitor to comprehend. A visitor, WrnJ.Hor+enburg perceiving that the lot is ful 1 , has only to turn into a iupe•��re-deed grassed space. In Alternative #1 if the lot is full, all may°x cars arriving will have to drive a distance on the grass to park or leave the lot. • The amount of hard surface would appear less in Alternative #2, Phase I, because the dense screening between the two sides of the lot visually divides the expanse of paving. The visitor will perceive a driving lane and 12 parking spaces rather than a driving lane and 26 paved spaces (Alternative #1). Ult`.mately after Phase I and II construction is completed, Alternative #2 has 100 more square feet of pavement than Alternative #1. Thank you for your consideration. Si cerely, D orah L. Bartels Landscape,Architect Db/sk Marty Jeksin Associate Superintendent MINUTES OF THE MEETING OF THE SCHOOL BOARD OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON JULY 14, 1986 The regular meeting of the School Board of Orono Independent School District No. 278 was held on Monday, July 14, 1986. Present: Dave McKown John Maresh Thomas Mich Kitty Crosby Lucie Taylor William Fenholt James Franklin Absent: Don Anderson The meeting was called to order and nominations for chairperson were requested by Dr. Mich. UPON MOTION by Kitty Crosby, seconded by Lucie Taylor, Dave McKown was nominated for chairperson, rominations ceased, and Mr. McKown was elected by unanimous ballot. UPON MORON by Jim Franklin, seconded by Lucie Taylor, Don Anderson was nomi- nated for vice chairperson. Lucie Taylor MOVED, Jim Franklin seconded that nominations cease and Mr. Anderson was elected by unanimous ballot. UPON MOTION by Kitty Crosby, seconded by Jim Franklin, the yearly salary for Clerk was established as $500 and the yearly salary for Treasurer was established as $100. UPON MOTION by Jim Franklin, seconded by John Maresh, Kitty Crosby was nominated for clerk. Lucie Taylor MOVED, John Maresh seconded that nominations cease and Mrs. Crosby was elected by unanimous ballot. UPON MOTION by Jim Franklin, seconded by Kitty Crosby, Lucie Taylor was nomi- nated for treasurer. Jim Franklin MOVED, Kitty Crosby seconded that nominations cease and Lucie Taylor was elected by unanimous ballot. UPON MOTION by Jim Franklin, seconded by Kitty Crosby, the consent agenda was approved as follows: - approved the minutes of *he June 9, 1986 regular meeting; - approved the appointments of Kevin L. Armstrong as math teacher at *�e high school; of Patricia R. Stiller as 5th grade teacher in the inter- mediate school; of Lynda K. Meador as social worker; - approved the leave of absence request for Beverly Hodge for the 1986-87 school year; - approved the continuation of part-time teaching status for Zoe Ann Palmer for the 1986-87 school year; - approved the resignation of Shirley Thune; - approved membership in ECSU for the 1986-87 school year; - approved participation in Chapter I and authorized an LEA representative in conjunction with the District Advisory Committee and School Advisory committees of the District to execute and file application for the School District and to otherwise act as authorized representative in all Chapter I related e'tivities; - approves' the request of Marc Ravnholdt to attend Wayzta High School for his 120 gradr year; - approved !Car rcutt's participation in the Reflective Leadership Program through the ert Humphrey Institute; - approved the )ills as covered by vouchers 052337 tnrough 052416 and 051677 through 051794 (051795 through 051805 held fog• 1985-86 vouchers) and 051806 through 051836 as presented. Dave McKown welcomed Dr. John Maresh to the Orono School Board and Dr. Thomas Mich to the Superintendency of the Orono Schools. Dr. Mich expressed appreciation to Jim Seiter for the fine job he did in making the transition take place and stated that a letter of thanks will be sent to him. Appreciation was also expressed, by Dr. Mich, to the office staff for their help/guidance in the past couple of weeks. Dr. Mich expressed that he and his family are excited to be in Orono and he pledged his skills and leadership to help set a co-jr e that will be a vision for this District. He stated that this first year will be one for listening and learning and he requested the Board's support in this endeavor and also for the years ahead. Dr. Mich stated that he looked forward to a challenging/exciting year. Kitty Crosby expressed appreciation to everyone who contributed in making Jim Seiter's exit satisfactory. Bill Fenholt reported that a contract had been signed with M & S Roofirq, Inc. for the high school roof resaturation project. Dave McKown, Jim Franklin, Bill Fenholt and architect. Bob Rego, met with Sencon and Conroy Bros. representatives on June 23 and a final solution regarding the insulation project on the west wall of the high school was reached which they outlined for the Board. Jim Franklin stated that the architect should be com- mended for his efforts/follow- through on this project and that Conroy Bros. should be commended for their willingness to make adjustments as requested by the Board committee. UPON MOTION by Kitty Crosby, seconded by Jim Franklin, the regular Board meeting dates for 1986-87, will be held at 7:00 p.m., in the middle school vocal music room as follows: July 14, 198E November 10, 1986 March 9, 1987 .• August 11, 1986 December 8, 1986 April 13, 1987 September 8, 1986 January 12, 1987 April 23, 1997 September 22, 1986 January 26, 1987 May 11, 1987 October 13, 1986 February 9, 1987 May 19, 1987 October 27, 1986 February 23, 1987 June 8, 1987 RESOLVED UPON MOTION by Jim Franklin, seconded by Lucie Taylor-, that the State Bank of Long Lake and the Bank. of Maple Plain be hereby designated as deposi- tories for the regular funds of this school district and the officers of the School Board are hereby authorized in the name of and on behalf o` the School Board to open or cause to be opened or to continue or cause to be continued accounts with said banks and to xecute and deliver to said banks, signature cards supplied by said bank ^ontaining said banks usual customer agreement applicable to such accounts a.... the signatures of the officers or other persons hereinafter named are hereby authorized to act for and on behalf of the School Board or otherwise to endorse or cause to be endorsed, to negotiate or cause to be negotiated, or to deposit or cause to be deposited in such accounts any money, checks, drafts, orders, notes or other instruments payable or held by this School Board. Said officers are: David McKown, Kitty Croshy, Lucie Taylor. UPON MOTION by Kitty Crosby, seconded by Lucie Taylor, the following investment depositories were approved and George Stubbs and William Fenholt are authorized to transfer funds among these financial institutions for investment purposes: 1) Marquette Bank 2) Norwest Bank of Minneapolis 3) First Bank of Minneapolis 4) Midwest Federal Savings and Loan of Minneapolis 5) First Minnesota of Wayzata 6) Twin City Federal Savings and Loan 7) Minnesota School District Liquid Asset Fund Plus 8) State Bank of Long Lake 9) Norwest Bank - Midland N.� 10) Eaton Vance investors Func UPON MOTION by Kitty Crosby, seconded by Jim Franklin, the LAKER/PIONEER was designated as the official publication of the Orono School District. '!PON MOTION by Kitty Crosby, seconded by 'm Franklin, the official office of the clerk of the School Board will be the �)istrict Office in the midole school building. ION MOTION by Lucie Taylor, seconded by Kitty Crosby, John Holten of the law ;-m of Faegre and Benson was approved as gerperal legal counsel. UPON MOTION by Lucie Taylor, seconded by John Maresh, Dale Beihoff,.r of the law firm of Faegre and Benson was approved as legal counsel for lab-- needs. u-11i MOTION by Jim Franklin, �.econded by Kitty Crosby, the aua,, ., firm of Froehling, Anderson, Plowman & Egnell, Ltd. as school auditors was approved. UPON MOTION oy Kitty Crosby, sucorided by Jim Franklin, the rene al of surety bonds for all employees was dpproved. UPON M. ON BY John Maresh, seconded by Jim Franklin, F-ard members were appointed to the following cormittees for 1986-87: Teachers Meet b Confer Kitty Crosby, Lucie Taylor Joan Maresh, alternate Minnesota State H.S. Ledgue Dave McKown A.M.S.D. Jim Fra-,111in, Kitty Crosby, alternate E.C.S.U. Don Anderson, P.E.R. Lucie Taylor, T I E S Dave McKown Community Education John Maresh, M.S.B.A. Comnet John Maresh, Chapter I Kitty Crosby, Continuing Education Jim Franklin Negotiations Kitty Crosby, Parents Meet & Confer Don Anderson, Jim Franklin, alternate John Maresh, alternate Dave McKown, alternate Thomas Mich, alternate Don Anderson, alternate Jim 'anklin, Lucie Taylor Lucie Taylor UPON MOTION by Kitty Crosby, seconded by Lucie Taylor, the Board approved contracts for *he Community Education Director for 1986-87, the Special Educatior irector for 1986-88 and the District Accountant for 1986-88. Kitty Crosby expressed appreciation tc "ill Fenhc for his time/efforts on these contracts. Dave McKown MOVED, Kitty Crosby seconded, to putlicly thank Evy Zacher on behalf of the Board and the community for all the hours and extra time she puts in that she never charged for, and t'-,- good humor and good humoring that she has done for all of us. Mr. McKown especially thanker' Evy for her good naturedness in working/dealing with Board members. Dr. Mich .'ormed the Board tha the AMSD information in their packets provides them, as Board members, the opp.;rtlinity to participate in the development recommendations for legi--lation in the :;oming year. Discussion/action on re( mendations of the Board will take place at the August llth Board meeting. UPON MOTION by Lucie Taylor, seconded uy Jim Franklin, the meeting was adjourned. Kathe in V P. Crosby, (71erk Approved: Dave M-Kown, hairman ,1112,4, _AKE MINNETC • ..A CONSERVATION DISTRI T�L A G E N D A Regular Meeting, 7:30 p.m., Wednesday, August`,27, ty TONKA BAY VILLAGE H.ALI. 4901 Manitou Road (county Road 19), Tonka Bay 1. Call to Order 2. Roll Call 3. Minutes - June 25, 1986 4. Upper Watershed Project - Long_Lace Creek Project 2 Dave Cochran, Jim Mahady 5. Treasurer's Report A. Monthly Financial Report B. Bills Committee Reports A. WATER STRUCTURES _ ::NVIRONMEN'1 COMMITTEE (1) Committee Rep (a) 1986 Dock UQ (b) Slip Sizt ti (c) Fence Compliance R e (d) Future Public Hear (e) Two -to -Four Boat Et,_ Viol -''ions M Deice Feview (g) Doc' -:r; o (h) DM .may Review (i) 0_ (2) Acti (a) 8b �3) Othe B. LAKE UST? (•)Mlli.•TEE W Committee Report (a) Spe•'a' Event Permit (b) Slow Buoy 9eque^ts (z) Quiet Water Policy ,.3) Lake Maintenance: Riprap rarest Lake Channel (e) Access Sign M­iificatioa ( f ) Rules a6 - IN R C'!anges Ig) Liquor Jinrnce (h) Charter S. t Regir ition W Seaplane and Ultralight Review (more) LAKE MINNETONKA CONSERVATION DISTRICT REGULAR MEETING TONKA BAY VILLAGE HALL June 25, 1986 The regular meeting of the Lake Minnetonka Conservation District CALL TO was caiit.: to order by Chairman Rascop at 7:33 p.m. on Wednesday, ORDER June 25, 1986 at the Tonka Bay Village Hall. Members present: Richard Garwood (Deephaven), Carl Weisser* (Ex- ATTENDANCE celsior), Robert Pillsbury (Minnetonka), Jan Boswinkel* (Minnetonk:. Beach), Frank de Monchaux (Minnetrista), Jon Elam (Mound), JoEllen Hurr (Orono), Robert Rascop (Shorewood), Marvin Bjorlin (Toiika Bay), and Mark Westlund (Wayzata). Communities represented: Te [10]. *Arrived late. Hurr M-ved, Elam Seconde,,' that the minutes of the May 28, 198o MINUTES meetiz. oe approved. Mot_ , Ayes [81, Nays [0]. The Uppe. Watershed pre•_.entation to the Board was he V21 Hurr !'oved, de Monchaux Seconded that the Treasurer's report be TREASURER'S approved and the bills paid, contingent upon approval of deposit REPORT •gfunds after review of inspection reports later in the meeting. 3tion, Ayes, 181, Plays 10]. Elam Moved, Bjorl. Seconded the 1987 proposed LMCD budget be ted and certified to the cities July 1. Motion, Ayes [10J, N .3 101. Hurr Moved,_".'am Seconds-1 that the LMCD budget transmittal advise the municipalities that tli,- fee schedule and other revenue sources are to be reviewed for upgrading to further sup, L costs of antic- ipated conselting services `or the Comprehensive Flan. Mot n, Ayes [10], Nays 101. WATER STRUCTURE ENVIRONMENT COMMITTi+E: There was no comir..ttee report, sine a Lake inspection tour was held in lieu a meeting. LAKE USE COMMITTEE: Pillsbury reported that while no , had been held, Special Event Permit applications had been e,-�i.ved. Pillsbury Moved, de Monc!•aux Seconded that the application by Serith Tonka Lions Club for a i-snoe race ' oust 2, 1986 on Grays Bay be approveJ subject to the follo,air, _ipulations: (1) chase boats must be prol.ided; (2, irty marker buoys used must be ;).nced and re- moved the same day; (3) all temporary advertising signs for the event must be removed witiiin 24 hours after the event; (4) this event must be terminL . I one-half hour before runset; and (5) the permit is anhiec? ;o the City of Minnetonka, if ecessary, and to the Sheriff's Water Patrol. Motion, Ay.:a 1101, Nays [U]. 1987 BUDGET SOUTH TONKA LIONS. PERMIT LMCD Board Minutes June 25, 1986 Page 2 Pillsbury Moved, Loswinkel Seconded that the amendment by Greater Wayzata Chamber o-: Commerce for Fourth of July fireworks from barges be approvee! with "lie following stipulations: (1) that the two barges be ti `. together; (2) that the barges remain 300 feet from shore; (3) ..t four chase boats be provided by the Chamber, (4) that maker _ txoys be placed at 7 p.m. and removed after boat traffic leaves the bay; and (5) that removal of fireworks debris be included in tfie cleanup. Motion, Ayes [10], Nays [0]. The Water Pa'.-.r.ol reported that there were 19 BWIs that week, the t Tanager Lake ar.d Harrisons Bay are getting more patrol, that a new trainee class is forming, and that with 11 volunteers ready to swear -in, titeir strength will be up to 40. De Moncha-Ax Moved, Westlund Seconded that the committee report be accepted. Mot?,-n, Ayes [10], Nays [0]. EXECUTIVE COMMITTEE: the Task Force Report proposals to implement Rascop reported that the commits--� reviewed for the purpose of developing .•gislative the proposed program: I. LMCD Tax Base. The committee reviewed potential for funding the District budget by means other than the present member -municipality levy and miscellaneous Oth.r Income primarily from licenses and permits. Upon discussion the committee deter- mined that the District should not attempt to expand the DiE _t tax base beyond the current mt:nber municipality at the pt t time, but should request that the LMCD levy be exempted ..)m current member -municipal levy limitations (See Item 1 on Legislative Program, below.) 2. Shore Regu. on. The committee reviewed the question as to wh•4-her or not the DistricL should extend its regulatory authority beyond the shoreline to include activities affecting the Lake. Upon discussion the committee determined that the District should use its existing statutory authority fully before broadening that •:thority. Minnesota Statutes 272, Section 3(b): To regulate, maintain :nd p :e public beaches, public docks and othe- lic f:ciliiies for access to the lake within the terr f of the municipalities, provided that any municipality by ordinance duly adopted within one year thereafter and specifically referring to such action may supersede the same within such municipality. 3. User Fees. Upon discussion of the difficulty of obtaining user fees in past years, the committee finally determined that the matter should be put fc '., as ehe best possible source of income for the Lake program, which will not require broadening of the tax base and could be Iimite( to Lake MinnetL.ika only. (See Legislative Item 3, below.) WAYZATA CHANBER PERMIT W.P. REPORT LMCD Boar Minutes June 25, 1986 Page 3 4. Lake Lcgding. The I.MCD should develop a model for developing the maximum ecological loading factor for the Lake. The committee determined that the District should obtain legislative support for the plan development and funding necessary. (See Legislative Item 2, below.) Minnesota Statutes 272, Section 3(j): To undertake research to determine `he condition and development of the lake and the wclt-i entering it and to transmit their studies to the water pollution control commission and other interested authorities; and to .:e- velop a comprehensive program to eliminate pollution. 5. Safe Boating Fees. The committee determined that safe boating fees should be expanded and allocated to the Lake, particularly to increase support for the Water Patrol program. (See Legislative Items 6 and 7, below.) 6. County Lake Mai—enance. Upon discussion the committee deter- mined that the county Lake maintenance program should receive support from boating safety or other special funds established by the state and the county. (See Legislative Item 8, below.) 7. Review Authority. The committee determined that the District should have the authority to review any projects hiving impact on the Lake. (See Legislative Item 5, below.) 8. Lead Agent. The District should be designated as the lead agency for research on the Lake. (See Legislative Item 4, below.) 9. Level Funding. The committee discussed the need for regional or other nonlocal funding for development and maintenance of public access facilities. Those facilities provided for regional use wov"d include launching ramps, parking, fishing docks, and other f zl lities. Cigarette tax funds might be made available for these purposes. (`ice Legislative Item 9, below.) 10. LMCD Access Sites. The committee reviewed the question of whether or not the LMCD should have the authority to acquire and develop access sites, concluding t:iat it should be requested but only for future use as needed. (See Legislative Item 10, below.) In another matter, the committee reviewed a suggested petition pro- MCWD vided by the Watershed District designed for the Long Lake section PETITION of the Upper Watershed Project. After discussion of original item PROPOSAL number 3 concerning proposed cost incurred by the District if the project does not proceed, t,i committee determined to forward the proposal to the Board for further review and consideration. Bjorlin Moved, Westlund Seconded that the committee report be accepted. Motion, Ayes 110], Bays 101. LMCD Board Minutes June 25, 1986 Page 4 Bjorlin Moved, Hurr Seconded that per -diem -plus -expenses for LMCD Board members be included in the legislative Bill. Motion, Ayes [6], Nays [4], Boswinkel, de Monchaux, Pillsbury and Weisser voting Nay. De Mon.haux Moved, Elam Seconded that the legislative report as modified be accepted: LEGISLATIVE PROGRAM LEGISLATIVE 1. The Lake Minnetonka Conservation District levy should be RECOS exempted from municipal tax levy limitations. 2. The District should receive boating safety funds for planning, research and regulation. 3. The District should receive authority to set fees and require permits for watercraft use of Lake Minnetonka to su;,port Lake - related programs. 4. All agencies and political subaivisions of the state should be required to notify the District prior to conducting research on Lake Minnetonka and to keep the District informed about the progress and results of such research. 5. The District should have review authority for any research or other project having Lake impact. 6. The District should request that both boating safety funds and their allocations to high activity areas be increased by the legislature. 7. The District should request that boating safety and other state and county funds allocated to the Water Patrol be increased and distributed by usage and activity to support an expanded program. 8. The District should request that Lake maintenance funding for the county be supported from boating safety or from other special funds established by the state and county, and by increased. 9. The District should request regional funding fcr public access facilities. 10. The District should request that its authority be extended to provide for planning, funding, acquisition, development, owner- ship and operation of lauchir.g facilities and other means of public access to the Lake. LMCD Board Minutes June 25, 1986 Page 5 11. The ^istrict should request that the boat registration proce- dure should be updated, be made more efficient, and that license fees should be increased. 12. The District should request per diem and expense allowances for Board members. 13. The District should request authority to assess a property owner to recover costs for removal of dilapidated docks, boats, other structures, or fallen trees from the Lake. Motion, Ayes [10], Nays [0]. DISTRICT ORDERS: Elam Moved, Hurr Seconded that the Order denying Gray's Landing license application for 12 WAUs with dredging be executed. Motion, Ayes [10], Nays [0]. LEGISLATIVE RECOS (cont) GRAYS LANDING DENIAL Elam Moved, Bjorlin Seconded that (a) the Order for Gray's Landing GRAYS Company granting length and setback variances be executed, and (b) LANDING that the license approving 10 WAUs subject to receipt of the final VARIANCE plat indicating assignment of the 10 lots to 10 slips, be approved. & LICENSE Motion, Ayes [9], Nays [0), Abstains [1], Pillsbury abstaining. Elam Moved, Hurr Seconded that the variance Order for Seton Village be executed. Motion, Ayes [10], Nays [0]. OTHER BUSINESS: The Attorney will report at the August meeting on prosecutions. Boswinkel Moved, Bjcrlin Seconded that two Al & Alma boats be used this year for the August 2 Anaual Conference for Public Officials. Motion, Ayes 110J, Nays joi. De Monchaux Moved, Rascop Seconded that inspection reports be accepted and refund!; made in the following matters: 1. Special Events Holiday Stores (crappie contest April 19) Wayzata Marine (boat show May 16-18) MN -WI Pro -Am Bass Contest (June 1) Earl L. Johnson (Minnetonka Bass Club June 7) Ski Hut (Minnetonka Crossings June 7) 2. Permanent Dock Installations P. -1 J. DeGidio, Jennings B-v James Dongoske, West Arm Clifford Reep'for Joe Durda, cast Crystal Bay A.I. Minnesota Inc. for Pete J. Marinovich, Gideons James Ryan, Carsons Bay Steven Schuler, West Arm Lee Webster, Gideons Bay SETON VILLAGE VARIANCE PUBLIC OFFICIALS CONFERENCE DEPOSIT REFUNDS LMCD Board Minutes June 25, 1986 Page 6 Motion, Ayes [10], Nays [0]. Rascop Moved, Elam Seconded that a preliminary study to develop SCOPE the scope of the Lake Management Plan, at an estimated cost of STUDY $5,000, be approved. Motion, Ayes [10], Nays [0]. Planning assistance loans are offered by the Met Council, and if necessary, could be made via the City of Shorewood. The Boat Committee of the City of Deephaven wishes to discuss at its upcoming meeting July 22 the LMCD stipulations on their mooring areas. LMCD policy on not allowing private buoys on Tanager Lake and at Excelsior Point will be reviewed again; buoy inspections have been completed. N part-time Bookkeeper/Clerk at a probationary rate of $6/hr has been hired. July and August :committee meetings will be combined. There will be no Board meeting in July because of the Directors' tour on the regular meeting date. ADJOURNMENT: Elam Moved, Hurr Seconded at 9:55 p.m. that the ADJOURNED meeting be adjourned. Submitted by: Jon Elam, Secretary -Treasurer Approved by: — Robert Rascop, Chairman I i AUG 1 5 1986 j �- AGENDA Minnehaha Creek Watershed District August 21, 1986 Wayzata City Hall 7:30 p.m. 1. Call to order; present, absent staff. 2. Reading and approval of minutes of regular meeti►ig of July 17, 1986. 3. Approval or amendment of August 21, 1986 agenda. 4. Request from City Engineer, City of St. Louis Park, for appearance regarding Minnehaha Creek levels. �.. Hearing of permit applications: A. 85-125 Warren A. Ortenhlad - grading and drainage plan for a residential and elderly care facility called Twin Birch Villa, Sec. 18CD, 4523 Shoreline Drive, south of Twin Birch Health Care Center, City of Spring Park. B. 86-23 I:odney D. Hardy - floor' plain fill and excavation, Sec. lE _, North shoreline of Edina Mill Pond, City of Edina. C. 86-43 Balboa Minnesota Co. - stormwater management plan for a future commercial building, Sec. 13CCD, Lost Lake -Lake Minnetonka, City of Mound. D. 86-117 City of St. Louis Park - construct a sedimentation por-. Sec. 7BA, Hannan Lake, south of Co. Road 16, City of St. Louis Park. E. 86-121 Jon Albinson - 40 lineal feet of rip -rap shoreline erosion protection, Sec. 24DA, Harrison's Bay, Lake Minnetonka, City of Mound. F. 86-122 Lee Johnson - 95 lineal feet of rip -rap shoreline erosion protection, Sec. 24DA, Harrison's Bay, Lake Minnetonka, City of Mound. G. 86-123 Barnie Duhacheck - 50 lineal feet of rip -rap shoreline erosion protection and installation of a timber edge, Sec 24DA, Harrison's Bay, Lake Minnetonka, City of Mound. H� 86-124 Hennepin County - 250 lineal feet of .rip --rap shoreline erosion protection and repair, Sec. 7BC, Forest Lake Channel, Lake Minnetonka, City of Orono. I. 86-125 William Ulrich - 275-300 lineal feet of rip -rap shoreline erosion protection, Sec. 8D, Crystal Bay, Lake Minnetonka, City*of Orono. J. 86-126 John Scholl - 73 lineal feet of rip -rap shoreline erosion protection repair, Sec. 17CA, Crystal Bay, Lake Minnetonka, City of Orono. K. 86-127 Windward Marine Inc. - approximately 50 lineal feet of rip -rap shoreline erosion protection, Sec. 11BC, Browns Bay, Lake Minnetonka, City of Orono. L. 86-128 Douglas Klint - dredge an 610 cubic foot area in an existing lagoon on Casco Point, Sec. 20DB, -armer Bay, Le• Minnetonka, City of Orono. M. 86-129 Paul & Connie Nelson - 'Lineal feet of rip -rap shoreline erosion protection, Sec. 26BD, Priest Bay, Lake Minnetonka, City of Minnetrista. N. 86-130 Clarence Clofer American Legion Post #259 - expansion -if a gravel parking lot to bituminous parking lot from 0.66 acres impervious surface to 0.98 acres of impervious surface, Sec. 33BC, City of Shorewood. 0. 86-131 John Gullickson - stormwater management plan for a 7.8 acre site zoned for future commercial use, Sec. 20BB, southwest of the intersection of Dunkirk Lane and County Road 24, City of Plymouth. P. 86-132 Wirtanen Clark Larson Architectr - construction of a road for a 4.83 acre site called WCL Acr:s, Sic. 34Bd, south of Yellowstone Trail, City of Shorewood. Q. 86-133 Suburban Hennepin Regional Park District - stormwater management plan for Norenburg Memorial County Park which includes a gravel road, concrete and brick parking lot, irrigation system for an approximately 22 acre site, Sec. 9BD, Crystal and Maxwell Bay, Lake Minnetonka, City of Orono. R. 86-134 United Development Co. - construction of a 20 story apartment complex called "The Residences of Lake Calhoun" on a 6.49 acre site, Sec. 5BD, north of Excelsior Boulevard and east of Market Street, northwest of Lake Calhoun, Citv of Minneapolis. S. 86-135 Duane Barth - stormwater management plan for a 1.6 acre site called Cobblestone Cove, Sec. 23BD, east of Highland Boulevard between Glenwood Road and Fairfield Road, Cooks Bay, Lake Minnetonka, City of Mound. -2- T. 86-136 James Kangas - stormwa er management plan for a 10 acre residential subdivision calle, Pryant Wood Third Addition, Sec. 25BD, south of Wayzata Boult •rd and west of County Road 19, City of Maple Plain. U. 86-137 John Dougan - wetland alteration to control water and prevent overloading of drainfield and flooding, Sec. 4BD, east of Crystal Bay Road and north of Fox Street, City of Orono. V. 86-138 St. Philip the Deacon Church - stormwater management plan for a parking lot addition of 0.48 acres, Ser-. 29BE: south of County Road 6, City of Plymouth. . W. 86-139 John Norstrom - stormwater management plan for a 14.5 acr.. resiaential subdivision galled North Stream, Sec. 25BC, south of Spring Hill Road :,y Lydia J Lake, City of Orono. X. 86-140 Wayzata Yacht Club - maintenance dredging, steel sheet pile shoreline erosion protection, rip -rap oreline erosion protection, Sec. 6BB, Wayzata Bay, Lake innetonka, City of Wayzata. Y. 86-141 Russ Hedlund - 75 lineal feet of rip -rap shoreline erosion protection, Sec. 23BC, Cryst% Bay, Lake Minnetonka, City of Orono. Z. 85-166 Craig Oberlander - grading and drainage plan for the development of the Minne',:)rka Motel site, Sec. 4BC, Minnetonka Motel Site, City of Minnet..;nka. a. 86-96 BTO Development - stormwater management plan for a 10.8 acre commercial develop -men" called "Price Savers," Sec. 17 BCC, south of Lake Street between tonitor and Hampshire Avenue, MC-19, Cit;- .-c St. Louis Park. b. 86-97 Costco Warehouse - stormwater management plan for an 8.78 acre commercial development called a(-stco Warehouse," Sec. 17 DCC, between Louisiana Avenue and Monitor Street, MC-19, City of St. Louis Park. 6. Report cf Treasurer, Engineer and Attorney a. Treasurer - Proposed 1987 Budgets 7. Unfinished Business. 8. New Business. 9. Adjournment. 0621n -3- MINUTES OF THE REGULAR MEETING OF THE BOARD OF MANAGERS OF THE MINNEHAHA CREEK WATERSHED DISTRICT July 17, 1986 The regular meeting of the Board of Managers of the M,nnehaha Creek Watershed District was called to order by Chairman Cochran at 7:30 p.m., on Thursday, July 17, 1986, at the St. Louis Park City Nall, St. Louis F -k, Minnesota. Managers present: Andre, Carroll, Cochran, Lehman, *,ller, Spensley and Thomas Also present were Board advisors M_..ady, Johnson, and B,atz. Approval of Minutes The minutes of the regular meeting of June 19, 1986 were reviewed. It was moved by Spensley, seconded by Lehman, that the minutes be approved as submitted. Ui-on vote the motion carried. Approval of Permit Applications The managers reviewed a memorandum from the Enginee, dated July 10, 1986, setting forth the permits which comply with the applicable standards of the District an6 recommended approval on the terms and conditions as set forth in the written memorandum. The Engineer also recom.-r-nded tha" rermit Application No. 96 7.8 be removed from the list ( '­rmits to be tabled and instead a�,.:ed to the list of permits con,, ing with District standards the applicant had submi teu all necessary exhibits *prior t he Piard meeting, and the plans for the storm sewer replycement contained therein met all District requirements. It was then mc-ed by Andr- seconded by Thomas, that the following applications be ..,proved as recommended by tha Engineer. [upon vote the :-,`ion carried. 86-10,, Richard Westin - 120 lincsl feet of rip -rap shoreline erosion protection, Sec. 6EC, Smithtown Bay, Lake Minnetonka, City of Victoria. 86-101 Ron Thomas - 218 lineal feet of rip -rap •shoreline erosion potection, Sec. 6BC, North Arm Bay, Lake Minnetonka, City of Orono. 86-104 rip -rap ,,horelire erosion Minnetonka, City of Orono. 86- 105 rip -rap shoreline erosion Minnetonka, City of Mound. David Cook - 22 lineal feEt Lr pro _ection, Sec-. -_BC, Lower Lake. ' ,ke Piul Meisel - 74 lineal feet t.f protectio,i, Sec. 24BD, Cooks Bay, T oh- Minnehaha Creek Watershed District Minutes of Regular Meeting of July 17, 1986 Page 2 86-lr* William Deters - lb5 lineal feet of iip-rap s" eline erosion protection, Sec. 24AA, St. Lois Bay, Iav, ":nneton►ca, 7ity of Deephaven. 86-107 H. B. Ha. _n, .r. - 90 lineal fe- rip -rap shoreline erosion protectiL,, Sec. "'DC, Smithtown Pay, make Minna Dn ka, City of Shorewood. 86-108 W. W. Gerberich - rel :1tior. of 12" cmp storm sewer draining from Highyay 7 diagonally across property to property line, Sec. 35BC, Christmas Lake; City of Shorewood. 86-112 Derrick Land Company - re -issue of Permit No: vi-005 stormwater managemen• 'an for a 32 unit town house development, Sec. 35BC'c. South of TL .2; west of Long Lake Circle, City of Long Lake. 116 Tony Eiden - re -issue of Permit No. 84-0.. excavate nand as site improvement, Sec. 34DPI, southwest corner of orchard Road and Bollum Lane, City of Linn Lnke. 86-118 City of 7dina - storm se, replac ont, Sec. 18ACC, City of Edina. Tablinq of eermit Applications The Engineer recommended Application•• -o. 86-109, 86.-110, renoved f • •e list of. Permits discyssion ny, nda. The Engineer submitted the necessary exhibits 10, 1986, Engi rs r •wort, and ready for Boarw vie". to the Board that "armit 86-11.1, 86-114, ant -11.5 be t : , tabled and a0und to Oa st ed that the applicants had and documentation since the July that the applications were now V . John iiartigan, a represy ive of CosLv warehouse, Inc also reqresteL that PFrmiL Application 86-97 he removed f,om the tabling alonda and placed on tla discussjo; agenda giv-n the far -'gat CosLwo had three representatives rw .at who wis-ed to prv. the Board witk a K itus rt i ort of L . COS' project and to request a permit approval during t­ meeting. It moved by Thomas, seconded by Andre, that Per,.it rApplicatio. -9. be placed on the discussion agenda for Ooard raview. It w,is then moved by Andre, seconded by Spensley, that the following applications be t ~' until such time as all -equired oxhibits have b: _n receive Minnehaha Creek Watershed District Minutes of Regular Meeting of July 17, 1986 Page 3 86-90 Robert Smestad, Jr. - excavate a pond and drainage ditch, Sec. 29CC, 6-mile creek, City of St. Bonifacius. 86-96 BTn Development - stormwater management plan for 10.8 acre cor.��mercial development called "Price Savers", Sec. 17DCC, south of Lake Street between Monitor and Hampshire Avenue, City of St. Louis Park. 86-117 City of St. Louis Park - construct a sedimentation pond, Sec. 7BA, Hannan Lake, south of Co. Road 16, City of St. Louis Park. Upon vote the motiuri carried. City of Medina - road improvements and culvert replacements, Sec. 23CA/CD, Tamarack Drive and Co. Rd. 24, DNR Wetland H-473W, City of Medina. 85-145 The .gineer reviewed this application for an "after the fact" permit for road improvement and culvert replacement in the City of Medina. The project was constructed during 1985 without. a permit. The applicant was ordered by the DNR in Aunust of 1985 to cease all work on the project until a permit had been obtained. The applicant applied for a permit from Minnehaha Creek Watershed District but did not submit the necessary exhitits. The Board of Managers tabled the permit applicatio the September 23, 1985, meeting pending receipt of the exhib The applicant has since presented the Engineer with the necessac, exhibits and documentation. The Engineer recomriended approval of the "after -the -fact" permit. It was moved by Carroll, seconded by Thomas that the permit be approved. Upon vote the motion carried. YMCA, Ridgedale Branch - 50 lineal feet of seawall shoreline erosion protection, Sec. 14BC, Camp Christmas Tree, Dutch Lake, City of Minnetrista. 86-72 The Engineer reviewed the application for S0 lineal feet of seawall shoreline erosion protection. The subject property is located at Camp Christmas Tree located on the northern shore of Dutch Lake, City of Minnetrist.a. Appearing on behalf of the applicant was Bruce Lindberg. The Engineer stated that the applicant had submitted all necessary exhibits and that the proposed shoreline erosion protection met District: standards. The Engineer also stated that the DNR has reviewed the proposal and Minnehaha Creek Watershed District Minutes of Regular Meeting of July 17, 1986 Page 4 approved it. It was moved by Miller, seconded by Andre, that the permit application be approved. Upon vote the motion carried. Interstudy, Inc. - Construction of public boat access by DNR, Sec. 35 BD Christmas Lake, City of Shorewood. 86-94 The Board of Managers reviewed this application at tho June 19, 1986, meeting. Margaret Hottinger was present on behalf of the applicant. At the June 19 meeting, the Board of Managers voted to issue the permit conditioned upon the receipt of (1) revised runoff calculations, (2) consent to pond stormwater on the adjacent Interstudy property, and .) calculations showing adequate sediment storage below the culvert elevation. The Managers also conditioned the issuance of the permit on the above information being provided to the District within ten calendar days. Pursuant to the Board's direction, the Engineer sent a letter dated June 27, 1986, to the Minnesota Department of Natural Resources, outlining the information needed to complete the hydrologic analysis for the public access project. Paul Swenson, Director of Trails and Waterways, MDNR, responded that the information the District requested was unnecessary. In re,---)nse to questions from the Managers, the Engineer stated that ti:•, project conceptually meets the District standards for water quality and rate control, and appears to have no adverse affects on the environment. T'.,e Engineer went on to note, however, that supporting exhibits verifying available storage and size of the tributary drainage area had not been received. The Engineer stated that these exhibits are normally required to permit review. Manager Miller moved that the permit be approved given the fact that the project has already been completed and is in conformance with District Standards. This motion was seconded by Carroll, and upon vote carried. Manager Thomas voted no. Costco Warehouse - stormwater management plan for an 8.78 acre commercial development called "Costco Warehouse", Sec. 17DCC, between Louisiana Avenue and Monitor Street, MC-19, City of St. Louis Park. 86-97 This application proposes the development of an 8.78 acre site located east of Louisiana Avenue in the MC-19 subwatershed in St. Louis Park. A large warehouse and parking lot are planned. The site is in the flood plain of Minnehaha Creek and is coned F-2 by the City. Appearing on behalf of the applicant were 0 n Karwacki, P. E. of Schoell & Madson, Inc., John Wahl, and John Hartigan. The Engineer reviewed the application stating that at Minnehaha Creek Watershed District Minutes of Regular Meeting of July 17, 1986 Page 5 this time the St. Louis Park City Council had not approved the project, but that it had been given approval by the City Planning Commission on July 16, 1986. The Engineer stated to the Board that the City is currently preparing a study of storage issues in the MC-19 subwatershed but that the study has not been completed. The Engineer noted that the current plans of the applicant include catch basins in the parking lot to pond the water before it is discharged into the storm sewer, and that the water quality plan is designed to settle 0.1 millimeter particle for a one year storm event. Manager Carroll asked the applicant how the lime sludge from the site would be handled. John Hartigan responded that the applicant is proposing to have the lime sludge mixed with cleanfill and tt:at this procedure is now being reviewed for approval by the Minnesota Pollution Control Agency (MPCA). The Board recognized James Grube, Director of Public Works for the City of St. Louis Park, to comment on the application. Mr. Grube stated that he was not appearing at the meeting in support of or in opposition to the permit application, but merely to provide any information that the Board may desire. He stated that the study on the MC-19 began 90 days agc and is to be completed by July 23, 1986. At the present time, Mr. rrube stated that the City Council had not been presented with a status report of the study or any possible options or costs associated with necessary improvements in the MC-19 subwatershed. Mr. Grube stated that the consultant has been operating on the premise that full development will occur in the MC-19 subwatershed. According to Mr. Grube, such development does present water storage problems, but that the consultant feels that a solution is attainable. At this point, however, no solution has been agreed to by the City. Mr. Wahl stated to the Board that if construction of the warehouse is not underway within the next one to two months, that he will not be able to build until next spring. In response, Manager Cochran stated that he appreciated the developer's concern, but that the sense of the Board is that there be a technical solution to the stormwater management issues before the project goes forward. Manager Cochran then asked the District Engineer whether or not his recommendation to table the application until further information is provided to the District still stood. The Engineer stated that he recommended tabling of the application at this tire. It was then moved by Andre, seconded by Miller, that the permit application be tabled until the City of St. Louis Park City Council approves the development proposal. It was then moved by Miller, seconded by Spensley to amend the Andre motion to also require that the MC-19 study be completed, necessary permits from Minnehaha Creek Watershed District Minutes of Regular Meeting of July 17, 1986 Page 6 the appropriate regulatory agencies be obtained, and a letter from the MPCA be received regarding the Costco action plan to deal with the lime sludge, before the matter could be brought back for District review. Upon vote the Miller amendment to the Andre motion was carried. The Managers then voted in favor of the Andre motion as amended. CSM Corp. - stormwater management plan for a 19 acre 240 unit apartment complex, Sec. 12DD, City of Minnetonka. 86-99 The Engineer reviewed the stormwater management plan for a 20; unit apartment complex on a 19 acre site located southwest of the intersection of County Road 18 and Cedar Lake Road. The Engineer stated that approximately 50% of the site will remain in its undeveloped condition and drain towards County Road 18. The balance will drain into a sedimentation pond where the water will be skimmed of floatable debris. The Engineer noted that the plan exceeds the District's requirements for water quality control and that no rate control review is necessary as the project lies within the jurisdiction of the Minnetonka Stormwater Management Plan. The Engineer recommended approval of the permit application subject to the following conditions: (1) The receipt of revised plans with the signature of a registered :engineer; (2) the inclusion of erosion control along the buildings and the steep area near Jordon Avenue; (3) revised baffled weir detail showing a decrease in width to limit the velocity through the weir to 0.5 feet per second; and (4) the inclusion of rip -rap at the outlet of the sedimentation pond. It was then moved by Miller, seconded by Andre that the permit be approveO subject to the four conditions recommended by the Engineer. Upon vote the motion carried. Wendy Weihe - 160 lineal feet of rip -rap shoreline erosion protection -repair, Sec. BBC, North Arm Bay, Lake Minnetonka, City of Orono. 86-102 The Engineer reviewed the application for 160 lineal feet of rip -rap shoreline erosion protection on North Ic►r; Bay, Lake Minnetonka. The Engineer stated that the application meets all of the District Requirements, but recommended that the permit be approved upon receipt of a revised cross section showing a maximum. slope of 2:1. It was moved by i'homas, seconded by Lehman, that the permit be approved as recommended by the Engineei. Upon vote the motion carried. Minnehaha Creek Watershed District Minutes of Regular Meeting of July 17, 1986 Page 7 Don Keesling - 50 lineal feet of rip -rap shoreline erosion protection -repair, Sec. BBC, North Arm Bay, Lake Minnetonka, City of Orono. 86-103 The Engineer reviewed the application which involved the protection of 50 lineal feet of shoreline located on North Arm Bay, Lake Minnetonka, with rip -rap shoreline erosion protection. The Engineer recommended approval subject to the receipt of a revised cross section showing a maximum slooe of 2:1. It was moved by Thomas, seconded by Lehman, that the permit be issued subject to the condition recommended by the Engineer. Upon vote the motion carried. Don Myron - dredge a 140 ft x 70 ft x 9 ft area of an existing pond and clean an existing ditch and culvert within the Oakdale West Third Addition, Sec. 29BB, Kreatz Lake, City of Plymouth. _ 86-109 The Engineer reviewed the 1450 cubic yards of material from existing ditch and culvert. The development is located northwest and 19th Avenue in Plymouth. application for the removal of a wetland and the cleaning of an applicant was present. 'Ihe of the in'.ersection of Highway 101 The neighboring property owner, Mr. William Pribble, had obtained a temporary restraining order in June of 1986 to prevent the applicant from proceeding with work on the site until the applicant had received the necessary permits. Subsequently, a letter dated July 2, 1986, was received by Minnehaha Creek Watershed District from Mr. Pribble notifying the District that the litic,ation had been resolved. Mr. Pribble was notified by telephone that the application would be taken up at the July 17th meeting by the Engineer. The Engineer stated that since the application was originally submitted, the applicant has changed the design to allow for some additional storage. The Engineer requested that 65 cubic yeards more storage be provided so that the proposed project. will not affect water levels off the applicant's property. The Engineer recommended approval of the permit application pending the receipt of (1) notification of a formal review and approval by the City; and 1.2) a revised plan showing an increase of 65 cubic yards of storage between the 972.0 and 974.0 elevations. It was moved by Andre, seconded by Lehman, that the permit be approved as recommended by the Engineer. Upon vote the motion carried. Minnehaha Creek Watershed District Minutes of Regular Meeting of July 17, 1986 Page 8 William Ulrich - dredge 200 cubic yards of channel entrance and lagoon area, Sec. 8Bd, Crystal Bay, Lake Minnetonka, City of Orono. 86-110 The Engineer reviewed the application for the dredging of a channel entrance and lagoon area located on Crystal Bay, Lake Minnetonka, City of Orono. Present on behalf of the applicant was Mr. Clifford Reep. The Engineer recommended approval of the application subject to DNR approval and subject to the condition that the applicant limit the dredging to 100 feet from the shoreline. The Engineer stated that 100 feet would offer the applicant adequate riparian access to his property. It was moved by Carroll, seconded by Lehman, that the permit be approved subject to the Engineer's recommendations. Upon vote the motion carried. Manager Miller did not vote on the motion. Erwin Kelen/James Penberthy - 45 lineal feet of rip -rap shoreline erosion protection, 96 lineal feet of aluminum seawall constructed behind an existing wood seawall and deck cap, and dredging of 150 cubic yards within the la;oon, Sec. 27BC, Gideon's Bay, Lake Minnetonka, City of Tonka Bay. 86-111 The Engineer reviewed the applicants' proposal to construct 96 lineal feet of aluminum seawall behind an existing wood wall, to dredge approximately 150 cubic yards of material, and to construct 45 lineal feet of rip -rap shoreline erosion protection. Since the Engineer's memorandum of July 10, 1986, the applicant has submitted the necessary exhibits and documentation to the Engineer regarding the structural analysis, construction schedule, slope and the description and location of spoils. The Engineer stated that the plans meet District standards and recommended approval subject to permit review and approval by the DNR. It was moved by Miller, seconded by Thomas, that the application be approved subject to the foregoing condition. Upon vote the motion carried. City of Minnetonka - utility construction for 2 subdivisi;,ns ed Barrington Way and Tapestry Woods, Sec. 11BB, City of Minnetonka. -113 The Engineei reviewed the application to construct a storm sewer for two developments called Barrington Way and Tapestry Woods located in the City of Minnetonka. Mike Johnson, City Engineer, appeared on behalf of the applicant. The Engineer stated that the storm sewers are in conformance with the City Stormwater Management Plan and that the water quality will not be adversely affected from the development proposed. The Engineer noted that the soils on the Minnehaha Creek Watershed District Minutes of Regular Meeting of July 17, 1986 Page 9 Tapestry Woods site are granular in nature and very permeable. The Engineer recommended approval of the application. It was moved by Miller, seconded by Andre, that the permit be issued. Upon vote the motion carried. Lillian Kreminski - stormwater Management plan for a 6.5 acre residential subdivision called Honeywood Estates, Sec. 14BB, City of Minnetonka. 66-114 The Engineer reviewed the applicant's priposal for a stormwater management plan for a 6.5 acre residential subdivision called Xcneywood Estates located in the City of Minnetonka. The Engineer stated that the project does not need rate con•rol review because it is in the City of Minnetonka which has a stormwater rrinagement plan. The Engineer noted that the site wiz' drain both to the south and to the east through an existing wetlands via a storm sewer which will be constructed by the City. The Engineer recommended approval, upon receipt of a letter from the City stating that they will install a water quality facility equipped with a baffled weir at the time the storm, sewer is constructed. Manager Lehman stated that he would like further assurances from the Engineer of the elevations of the canoe landings on Highway 73 to verify that the canoe landings that were flooded this Spring were in fact below the projected flood elevations of the affected wetlands. The Engineer respcndeC, that she woull supply that information to the Mar.3gers. It was then moved by Carroll, seconded by Thomas, that the permit be approved subject to the condition recommended by the Engineer. Upon vote the motion carried. J. V. McCreery - placement of 50,000 cubic yards to raise existing grade 7 to 15 feet, Sec. 4BC, North of V►W 12, east of MN Highway 101, City of Minnetonka. ___ _ 8 6 -115 The Engineer reviewed the application for the placement of 50,000 cubic yards of fill to raise the existing grades on the site 7 to 15 feet. Mr. Gerald Sunde was present on behalf of the applicant. The site is located north of Highway 12, bet,. -!en Crosby Road and Niagara Lane, in the City of Minnetonka. The applicant's property abuts the former Minnetonka Motel site property which is presently owned by Craig Oberlander. Oberlander was granted Permit No. 85-166 in December of 1985 which approved the placement of large quantities of fill and the implementation of a stormwater management plan on his property. Since Permit No. 85-166 was issued, the Engineer has received Minnehaha Creek Watershed District Minutes of Regular Meeting of July 17, 1986 Page 10 information that Oberlander is modifying his former plans. The applicant's proposal, 86-115, includes the usage of the water storage facility previously proposed to be installed on the Oberlander property. The Engineer stated that the application has not been reviewed or approved by the City of Minnetonka, and that the applicant needs to submit updated elevations given the fact that Oberlander has allegedly changed his Flans for development on the adjacent property. It was moved by Miller, seconded by Andre, that the permit be tabled until such data was provided to the District. Upon vote the motion failed. Upon further discussion, it was moved by Cochran, seconded by Lehman, that the permit be approved subject to formal review and approval by the City of Minnetonka, and the receipt of a revised plan which takes into account the proposed revisions to grades on the Oberlander property. Upon vote the motion carried. Stratford Development Corp. - stormwater management plan for 0 �8 acre single family residential development, Sec. 11BB, northeast of intersection of Plymouth Road and Cedar Lake Road, City of Minnetonka. 86-119 The Engineer reviewed the stormwater management plan for a .98 acre single family residential development located in the City of Minnetonka. The applicant had already begun construction on �_he site without a permit. Upon being notified by the City that the applicant needed a permit, the applicant stopped construction and applied to the District for the necessary permit. The Engineer stated that the plan shows no fill below the Projected 1C0 year flood elevation of the adjacent wetland and shows adequate erosion control The application also meets the rate control requirements of the City's stormwater management plan: It was moved by Carroll, seconded by Spensley, that the permit be approved. Upon vote the motion carried. Maicus Development Corp. Partnership - ;tormwater management flan for a 1.48 acre site used for a small parking lot and an automotive service center, Sec. 21DCC, north of Highway 7 between Highland Road and Williston Road, City of Minnetonka. 86-120 The Engineer reviewed the application for a stormwater management plan for a 1.48 acre site located in the City of Minnetonka. The applicant proposes to construct. a parking lot and an automotive service center on the site. John Karwacki, Schoell & Madson, Inc. appeared on behalf of the applicant. The Engineer stated that the project's boundaries are legally within the M�nnehaha Creek Watershed District, but the drainage flows into the Minnehaha Creek Watershed District Minutes of Regular Meeting of July 17, 1986 Page 11 Nine Mile Creek Watershed District. The Engineer recommended approval of the permit subject to the condition that the applicant meet Nine Mile Creek Watershed District requirements. It was moved by Cochran, seconded by Lehman, that the permit be approved subject to the condition recommended by the Engineer. Upon vote the motion carried. Treasurer's Report Treasurer Andre distributed copies of the monthly Treasurer's Report and stated that Steve Stewart, the District's accountant, was present to answer any questions that the Managers may have. Treasurer Andre stated that the monthly report indicates that the District needs to address a possible shortfall in the administrative fund. Treasurer Andre reported that an analysis of the District financial status indicated the expenditures for engineering services are exceeding the amount budgeted for such services and that unless action is taken the District faces a cash flow problem in the near iiture. Mr. Stewart stated that the District had several options of dealing with a shortfall: 1. The District could accept bills from the engineer and attorney, but treat them as accounts payable; 2. The District could transfer money from its data acquisition fund t_- the ad:,uniSt.at.ve fund; and/or 3. The District could stop all 509 planning. The Managers stated t};t given the statutory mandates to complete 509 plans that the third option would not be an acceptable solution. Manager Miller moved, and Andre seconded, to appoint Chairman Cochran and Treasurer Andre to a Budget Committee to analyze the budget problem and to recommend to the Board long-term and short-term solutions and possible cost containment measures that could be taken. Upon vote, the motion carried. It was moved by Carroll, seconded by Spensley, that the Treasurer's Report, dated July 17, 1986, be approved and that the bills as set forth in that report be paid. Upon vote the motion carried. Lake Level/Creek Flow The Engineer distributed the monthly lake level and creek flow report. The engineer advised that creek flow was Minnehaha Creek Watershed District Minutes of Regular Meeting of July 17, 1986 Page 12 approximately 125 c.f.s. and that the lake elevation was at 929.36. The Engineer stated that the discharge will be decreased to approximately 100 c.f.s. as the lake level decreases. Mr. Earl Wormwood, 3343 Lahti Lane, Minnetonka, appeared before the Board to seek information about the rate of discharge and creek flow in the Minnehaha Creek Watershed District. Mr. Wormwood stated that he was experiencing flooding in his basement and that he had never experienced flooding this late in the year. The Managers stated that the heavy spring rains in 1986, coupled with factors relating to weather conditions in 1985, had raised the spring lake level to 930.4 or just one inch short of an all time record high of 930.51 feet. The Board of Managers assured Mr. Wormwood that the District had not adopted a policy of excessive discharge but were following a policy intended to control the water levels on both the lake and creek in order to mitigate any flooding damage that is occurring. The Board requested that the Engineer start a .`ile to document any further problems in the area by Anne Lane and Lahti Lane. Cascade `ane ,ne Engineer reported that the District had received a resolution from the City of Edina requesting that the Minnehaha Creek Watershed District identify and recommend possible engineering solutions to the flooding which has been occurring on the 4609 and 4613 Cascade Lane properties. The Board of Managers discussed the request from the City of Edina noting that two years ago such engineering review and advice was offered to the City regarding the subject props-rty. At that time, the two affected property owners chose not to implement the Engineer's recommendation in order to avoid a special assessment on their property. It was moved by Miller, seconded by Thomas, that. the District acknowledge the receipt of the request and notify the City that the District will continue to monitor the condition3 in the Cascade Lane area. Manager Carroll suggested that the letter include a statement that r.o additional information is available and that the technical recommendations offered two years a(y) in conjunction with CP-8 have not changed. Manager Miller incorporated this recorrunendation in his motion. Upon vote the motion carried. 509_Report The Engineer stated to the Board that the 509 Plan was on schedule and that a preliminary draft would reviewed by ;he Board Minnehaha Creek Watershed District Minutes of Regular Meeting of July 17, 1986 Page 13 of Managers at the Jul; 31, 1986, special meeting. The meeting on the 509 Plan is scheduled for 7:30 p.m., July 31, 1986. at St. Louis Park City Hall, St. Louis Park, Minnesota. Canoe Policy. The Board of Managers reviewed the draft of the Canoe Policy that was sent to the Board of Managers on June 28, 1986. Manager Andre expressed a concern that the mailed notices may result in significant unanticipated costs to the District. Man?'I. .r Andre also suggested that if the Board did adopt a policy of notifying interested parties and municipalities about the discharge, that they also incorporate a provision in the policy addressing how often the notices are to be sent out should the same rate of discharge continue for several weeks. Manager Cochran stated that the Board would also need to address the cost impact of any policy provision requiring the District to post signs along the creek. Manager Carroll suggested that instead of putting signs up along the creek that the mailed notices identify known dangerous areas along the creek. Manager Carroll also expressed a concern that signs could be taken down and would be difficult to maintain. The Managers then suggested that the current policy be revised to incorporate stronger language outlining the municipalities' primary responsibility for policing the creek, and to reflect some of the Managers' concerns expressed during the review of the draft policy. Respectfully submitted, John E. Thomas, Secretary 4 9 6 1 e Lake Minnetonka Cable Communications Commission 443 OAK STRE T • EXCELSIOR, M11',1NFSOTA 55331 • (612) 474 5539 10: ALL LMCCC DIRECTORS i ;,j jr, 3 FROM: HOLLY HANSEN J DATE: AUGUST 11, 1936 Ir: UPCOMING FULL COMMISSION Fi'ELTING The Lake Minnetonka Cable Communications Crjm:::ission will hold its quarterly full commission meeting on Tuesday, August 19th at 5:00 P.M. This meeting will be held at the Orono Community TV Studio. The Orono studio is located in the Orono High School on Old Crystal Bay Road and highway 12. There is parking in front of the building. If you need directions, please call either me or Brian Bergstrom. Brian is the Orono Access Coordinator and can be reached at 473-4879. If you are unable to attend t,is meeting, please contact your alternate. If neither you nor your alternate are able to attend this meeting, please contact me by noon on Monday. If we are unable to reach a quorum, I will contact your city manager by noon on Tuesday for purposes of cancelling the meeting. Holly Hansen Administrator LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION TUESDAY AUGUST 19, 1966 5:00 PM ORONO COMMUNITY TV STUD10 ORONO HIGH SCHOOL I. CALL TO ORDER II. APPROVAL OF MINUTES III. REPORTS A. Officers B. Administrator C. Legal Counsel D. Dow -Sat IV. BUDGET COMMITTEE V. STUDIO/EQUIPMENT REPORT VI. UNFINISHED BUSINESS VII. NEW BUSINESS VIII. ADJOURN I MINUTES EXECUTIVE COMMITTEE MEETING LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION EXCELSIOR TV STUDIO TUESDAY, JULY 22, 1986 NFLCP CONFERENCE Administrator Hansen and Lesley Hughes -Seamans gave their reports on the conference they attended in San Francisco. Hansen felt "Cable System Enc,: eering" given by Joseph Van Loan was a very in- teresting and informative session. A "Constituency Session" dealt with transfers of ownership and franchise modification, it also dealt with the impact of 1984 Legislation; educating City Governments regarding access; City control, company -run access, non-profit independence; educating the board; and marketing, public relations, and fund raising categories regarding access. She also attended other sessions in the categories of Video Training Tech- niques and Access Philosophies, and Promotion/Outreach Policies. She felt the most informative session she attended was one on "Techniques for Keeping Trained Producers Coming Back and Producing" by Peggy Gilbertson from Knoxville, Tennessee. It focused more on studio productions, rather than field production. It discussed train- ing with a goal in mind and was geared for a budget of our size. Hansen would like to start that training approach and not depend on Community Ed as much. She said she got a lot of new ideas. Lesley said the highlights of the conference for her were meeting so many impressive people in the field of access programing, and hearing George Stoney, the "father" of philosophy and movement of local programing that began in the early 70's, speak at the keynote luncheon. She gained much information and enthusiasm for potential programing for the future.She attended workshops on: "Measuring Your Local Programming Audience" which placed the emphasis on rating satisfaction and attitude -do they watch it? do they feel it's worth- while to have local programing? It was stated that phone surveys are the most effective method. She gained tips on how to formulate or copy an already existing questionaire and interpreting data; "Educators K-12" stated that teachers must simply start using the facilities and more will follow. Students making programs for access tv is a way of counteracting the "ill effects" tv has on the you-ch of America. "Partnership in Promotion: Developing a Promotional Plan"dealt with selling the community on the need for access tv, getting organizations involved, local newspaper cooperation, having interns from colleges set up programs which residents can take over, it stated producers can be the best promoter- "Low Cost and Set Design" showed much can be done with inexper. u building materials, paper and simple lighting and suggested getting local artists and carpenters involved. "Techniques for Producing Visually Interest- ing Talk Shows" taught the "KISS" principle -"Keep it Simple Stupid!" It mentioned having a creative opening stating you must catch in- terest in the first 5-20 seconds and suggested "showing" rather than "telling". "Organizing and Implementing a Local Video Festival" showed an excellent way to recognize producers, increase audience, bolster community support, the importance of being organized and developing a good entry form -a great way to get people organized and working together. CALL TO ORDER Chairman Olds called the meeting to order at 5:38 PM. TUESDAY, JULY 22, 1986 On T.T. rA T.T. Directors Present r � Jim Olds Tom Anderson Lesley Hughes -Seamans APPROVAL OF MINUTES Jim Hillis Others Present Holly Hansen Mark Ayotte Mary Smith Sue Niccum Motion 7.22.86.1 Anderson moved, Hillis seconded, to approve the minutes of the Executive meeting of June 17, 1986 as written. Motion carried unanimously. REPORTS Officers - none Administrator Motion 7.22..86.2 Claims - Hillis moved, Anderson seconded, to approve payment of the following just claims: *Beginning Balance - State Capitol Credit Union $12,000.00 Beginning Balance - Bank Excelsior, checking 7,dJ7.76 Bank Excelsior (Federal taxes quarterly deposit) 480.00 Commissioner of Revenue (MN quarterly tax deposot) 222.00 Northwestern Bell 57.86 Tonka Printing (repro) 17.60 Sue Niccum (June minutes) 50.00 Lesley Hughes Seamans (Airfare NFLCP $218.00, Access Promotion boob: $5.00) 223.00 Petty Cash 50.00 TOTAL $1,100.46 Ending checkbook balance - Excelsicr $6,607.30 Motion carried unanimously. *Funds at State Capitol Credit Union earning 7= There was a $10.00 charge to open the account. Taxes - Attorney Ayotte asked if it had been resolved whether the Commission Lad to pay state and federal taxes. Administratoi F'ansPn said no, they don't. MACTA Mini -conference - MACTA is having a mini -conference on September 12 at the Holiday Inn in Bloomington from 12 - 4 PM. The cost, to be covered by the Commission, is $15.00 for the mini -conference and lunch. Holly encourages whoever can to go. NFLCP Meeting - Sally Koenecke, Mound; Paul Hagar, Northfield; Brian Bergstrom, Orono; Gwen, Wayzata; Jay Borne; Lesley Hughes seamans and Holly Hansen will be meeting August 4th to di2cuss and share what they learned at the conference. dolly will give a report on this meeting at a liter date. -THESDAY, JULY 22, 1986 Studio Report - 8 programs were completed, with 3 in active progress, at the Excelsior Studio, 4 of these have been shown on Rogers/Minn- etonka Cable this month, 2 last month; 1 was completed and 3 are in progress at the Orono Studio. Holly is still trying to find :.and develop ways to have producers keep producing. She said she _got some good ideas at the conference. 1`tquipment - They are still having some problems with the TBC. The chroma phase is off and makes things look green. Holly has contacted Jim Beletti at Dow -Sat and Dick Whitney at Alpha. Alpha is consider- ing the problem and will be out next week. Mary Smith asked if the booster has helped the headset problem, Holly said not that much. Access Committee - Holly would like to set up a committee comprised of LMCCC members and access users to review and recommend revisions to current access rules. She feels there are areas that could be more clearly defined and says she has good models to work from -- NFLCP and local access centers. She suggested one thing the committee could study would be insurance and how to pay for it. Lesley Hughes - Seamans and Jim Olds volunteered to be on the committee. Liability Insurance - Holly said she learned at the conference that many access centers have it and recommend it. Costs are similar to what we have been quoted by Twin Cities Group ($8/$100). Mary Smith said she checked with other cable systems and they do not carry liability (property damage). It gas suggested to Holly that sh check with St. Paul Cable Access. Dow -Sat Mary Smith reported there are 134 total new connections, 54 pending installations and 165 total disconnects. Cinemax has changed from Channel 42 to Channel 35. Regarding damage, the Orono power line was cut, the people called an electrical service who rerouted it to an overhead line and presented Dow -Sat with a $1200/$1300 bill. Dow -Sat is willing to negotiate and pay what would have have been the cost to repair t_he existing line. Technical - some construction is being done on private easements. Marketing - Dow -Sat is participating with other cable companies in a radio campaign. There will be advertising during driving time on 4 top radio stations: WCCO, KS95, W-Lite and WLOL. Audit - Dow -Sat is conducting an audit. The cost per home, whether they have cable or not, will be approximately $1.50 per home. They will accomplish a number of things; including obtaining an accurate list of homes passed, a review of the technical aspects of the in- stallation, and verification of the services subscribers are receiving. BUDGET Jim Olds, Frank deMonchaux and Tom Anderson will serve on the Budget Committee. A budget for 1987 will be presented to the full Commission for approval at the August meeting. TUESDAY, JULY 22, 1986 UNFINISHED BUSINESS Equipment and Studio 'BAview Chairman Olds passed o-jc material relating to the issue. Admini- strator Hansen reviewed it with the Commission. She stated that several meetings have been held and several letters have been ex- changed and nothing has been resolved. Attorney Ayotte reviewed 3 courses of action, from lenient to severe: continuing what's being done, what's being attempted this evening, and notification to _ow -Sat that, they are in non-compliance with the Franchise Agree- ment. Chairman Olds said they would prefer to wort'the situation out without notification of non-compliance. Mary Smith of Dow -Sat agreed, she said they would also like to get the issue settled. She said she felt she had been working with the Commission to solve the issue. She also said she can substantiate her figures, that they have the invoices to back up the expenditures_ Administrator Hansen mentioned she would like to be able to directly order smaller items for the studios to facilitate studio productions. She said they prefer to keep the following categories distinct, as they are in the Franchise Agreement: A. Equipment, B. Studios, C. Videotape, and D. Miscellaneous, and repudiate combining any of these categories. Various aspects of the issue were discussed at length. Chairman Olds stated that the Commission has a responsibility to resolve the issue, and that they are not trying to !ay blame in any direction, only to solve the problem. Chairman Olds asked Mary Smith if Dow -Sat would reply with an answer by the next meeting. Mary assured him the would definitely present one. NEW BUSINESS none ADJOURNENT Notion 7.22.86.3 - Anderson moved, Hughes -Seamans seconded, to adjourn the meeting at 6:55 PM. Motion carried unanimcusly. Respectfully Submitted, Sue Niccum Recorder ALTERNATIVE # 1 - meets code for firetruck turnaround in Phase II of construction - lot expansion will involve some tearout - 10 ft. median does not screen one side of the lot from the other. Amount of hardcover would appear larger than in Alternative #2. - total hardcover: 24625 s.f. Phase 1-12000 s.f. Phase I -12625 s.f. - traffic flow is awkward in an overflow situation or when the lot is full ' o ° o jo° oo0 0 00 °o "-9• 0 0 0 00 0 0 - ----w, o o -^1 •o 11 1 roX ALTERNATIVE #2 - meets code for firetruck t- maround in Phase I - lot can be expanded without any tearout - 22 ft. median can effectively screen one side of the lot from the other. Expanse of hardcover appears smaller than Alternative *1 - total hardcover: 24750 s.f. Phase I - 19550 s.f. Phase II 5200 s.f. -traffic flow, especially in overflow situations or when the lot is full, Is easier than in Phase I MOM CONFER OUNDERSTORV DECIDUOUS O CRABAPPLE DMUGHO PINE DECIDUOUS SHRUBS CONIFER SHRUBS GRASS/GROUNDCOVER • CATCH BASIN SUBSURFACc DRAIN PIPE L_J CONCRETE OR TEXTURED CONCRETE SURFACE C ills 1 PARKING LOT ALTERNATIVES NOERENBERG MEMORIAL COUNTY PARK MASTER PLAN SUBURBAN HENNEPN REGIONAL PARK DISTRICT PLANNING A ENGINEERING 0 50 1O DEPARTMENT MARCH IBBB 4 . ° / ° r 6 a ° 91 00 ° °° o° ° ------e-_ ° ° ° o 00 o i \ \ r ° 1,10 O - -_-��_ -_-----t-_-----__- ------------- total hardcover: 24500 s.f. Igo does not meet code for width of fi. a truck lane Z�I °I