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HomeMy WebLinkAbout01-12-1987 Council PacketAGENDA FOR COUNCIL MEETING SET FOG MONDAY JANUARY 12, 1987, 7:00 P.M. *) Asterisk items are considered to be routine items to be enacted upon by one inotion by the City Council under the Consent Item* on the agenda. Dis.ussion will be held upon request. ROLL CALL 1. OATH OF OFFICE - MAYOR A14D COUNCILMFMBI.1i5 2. CONSEi�'T AGENDA* 3. "ommendations - Carol Hansing APPROVAL OF MINUTES * 4. Regular ;teeting of December 8, 1986 PARK COMMISSION COMMENTS PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT U; ; -t4;L MEETING J fA q 1.21987 Cif Y 01E OROWO 5. #1059 Margaret Bjork, 2259 Shadywood Road - Conditional Use Permit - Resolution G. #1076 Ward Krueger, 205/21; Hollander Road - Subdivision of Lot Line Rearrangement - Resolution 7. 111093 P & A Investment, 1380 Sixth Avenue North - Subdivision - Preliminary Approval ENGINEER'S REPORT MAYOR'S REPORT 8. Council Vacancy ;election - Interviews 9. Planning/Park Commission Selection Process - Interviews 10. 1987 Appointments - Resolutions CABLE TV REPORT CITY ADMINISTRATOR'S REPORT *11. Bid Island Board of Governors - Conceptual Master Plan Presentation 12. Liquor Store - Timetable for Sale 13. Liquor Ordinance Draft 14. Strategic Planning - Short Term Jbjectives *15. Request to Extend Subdivision, Application Expiration Date - File 4980 *16. Additional 1987 Insurance Renewals *17. Naming of Livingston Tower Park *,8. MnDOT Agreement - Federal Bridge Bonding Funds *19. Long Lake Chamber Donation *20. Gerald McCourtney Donation *21. Police Officer Employment *22. Revised Calendar - Park Commission Meting Dates *23. 1987 Patrol Car Purchase *24. Private Roads *25. Dickey Lake Drive *26. Confirmation of Siren Bid Correction AGENDA FOR COUNCIL MEETING SET FOR MONDAY JANUARY 12. 1987, 7:00 P.M. CITY ADMINISTRATOR'S REPORT — Continued *27. Administrator's Information Comprehensive Plan Amendments #1. Sewer/MUSA #2. Highway 12 Corridor Orono Lane Feasibility Facility Study Administrator's Goal Setting MCWD Report Ulrich Property REQUEST FOR EXECUTIVE SESSION rTTY ATTORNEY'S REPORT L1..ENSE3 (28*) BILLS (29*) ADJOURNMENT MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 8, 1986 ATTENDANCE 7:04 P.M. The Orono Council met on the above date with the �e MEETINI a following members present: Mayor Butler, Counci lmembers Grabek, Callahan, Frahm, and Adams. The following represented the City staff: City Administrator `jAN 121981 Bernhardson, Public Works Coordinator Gerhardson, Building and Zoning Administrator Mabusth, Assistant �e �l Planning and Zoning Administrator C-3ffron, Chief of GIY OF ORONO Police Kilbo, and City Clerk Hallin. City Attorney Blatz was also present. CONSENT AGENDA* It was moved by Mayor Butler, seconded by Councilmember Grabek, to approve the Consent Agenda* subject to adding the following items: Item #20 - Allied Blacktop Request for Final Payment Item #35 - Crystal. Bay Judgement Settlement Motion, Ayes 5, Nays 0. PUBLIC HEARING 7:06 - 7:26 P.M. POSSIBLE SALE OF MUNICIPAL LIQUOR STORE City Administrator Bernhardson reviewed that at the November 10, 1986 Council meeting, staff presented an analysis of the liquor store based through the third quarter results of 1986. Back in 1985, when the liquor store realized an $6,500 loss, staff developed a business strategy plan to try to turn it around. To the credit of the employees of the liquor store, they had changed it from a negative to a positive operation through the end of the third quarter being $15,000 ahead at the end of September, over 1986. However, at the November loth Council meeting, based on a number of issues, City Administrator Bernhardson recommended that the Liquor Store be sold and that the City establish a private liquor off -sale ordinance. It was also recommended to hold this public hearing to obtain public comment regarding the possible clo:3ing and sale of the liquor store. The Affidavit of Publication was noted by City Clerk Hallin. Public Comments Dean Young, 3555 Crystal Place - He stated that the City should consider the future growth of the City, especially along the Highway 12 area. Council should look forward to what the municipal liquor store would bring in when the City is comparable to cities like Fden Prairie, Edina, Richfield. He feels the city is giving future money away by selling the liquor store now with a short-sighted viewpoint. MINUTES OF THE. REGULAR ORONO COUNCIL MEETING HELD DECEMBER 8, 1986 LIQUOR STORE CONTINUED Steve Martin, 1295 Loma Linda Ave. - He stated that he has talked to the Council. and City Administrator Bernhardson concerning the liquor store. He felt that the City should not be competing with the private sector. He feels that the money issue is relevant but is not the only issue to be considered. He feels that the liquor store should be placed in the private marketplace. He noted his interest in ownership of the liauor store. Dean Young noted that there are over 320 cities in Minnesota (including surrounding communities) that believe that liquor is their business and by actively owning the business themselves, they mal have more control over it. Mayor Butler noted that, according to Minnesota law, if a municipal liquor store loses money two out of three years and thus begins to become a drain on the general tax rolls, it is then required that the City put tie question of public or private ownership to the voters. Del Pfeifer, 3640 Northern Ave. - Stated that he has been involved in the municipal liquor business and that there is money to be made in the business if properly managed. lie felt that the Orono Liquor Store is a fine location and could be a profit making business with better guidance, whether it be a public or private business. He noted that over the '7 year business period the profit has been only $600,000. Dean Young suggested that possibly what the City needs is a new store in the Highway 12 area. Chuck VanEeckhout, 120 Brown Road South - H-! felt that the City should get out of the liquor business and should not be competing in a business that can be handled by a private enterprise. Lorraine McGowan, Manager of the Liquor Store, noted (in reference to Del Pfeifer's comment) that the profit has been $600,000 over the last 20 year period. She felt the City should not quit the business due to one year's loss in profits. Rosemary Burmaster, 3414 Livingston Ave. - Employee of the liquor store, asked where the money would come from if the store is closed, will taxes be raised? City Administrator Bernhardson stated that staff is anticipating that the cash realized from the sale of the store would give annually between $8,000 - $10,000 as it Mould be invested, at no risk. lie noted that there was a loss in one year and the other years have been going down. 2 MINUTES OF THE REGULAR ORONO COUNCII. MEETING HELD DECEMBER 8, 1986 LIQUOR STORE CONTINUED Dean Young asked how much it would cost to close the store. City Administrator Bernhardson stated between $10,000 - $20,000. There were no more comments from the public and the public hearing was closed. Councilmember Grabek stated that he does not feel the City should be involved in the business of selling alcoholic beverages. The liabilities is a risk to the City. He does not feel the liquor store is a necessity to the City and would be much better as a private concern. He commended the liquor store employees during a difficult time and understands their position. Councilmember Frahm felt thare were two basic problems being 1) State changes in wholesaling policies, which appear to have affected the profits; and 2) drinking age change to 21 creates additional liability problems. He feels the gains are faz outweighed by the negatives. Councilmember Adams stressed that lie is not reacting to one years operating results and recalls discussing this issue before the store started losing money. He does not-•t:=lieve government .should be involved in the private business sector. He noted his appreciation of the efforts from the liquor store employees. Councilmember Callahan stated he basically agreed with the other Councilmembers noting the reasons were the change in the drinking trend anal liability. Mayor Butler stated she has split feelings :-egareing this issue knowing the liquor stt-e empioyees and their feelings. Based on the other Counciimembers feelings and a business standpoint, she agreed that the City should get out of the business. She noted that she has talked to a person interested in purchasing the store and expressed her biggest concern was the job security of the present liquor store employees. It was moved by Councilmember Grabek, seconded by Councilmember Frahm, to begin the process of selling the Liquor Store in coordination with the proper ordinance for transferring it to a private concern; process starting with establishing a plan to financially gain as much as possible in order to provide for the liquor store employees to be reviewed at the January 12, 1987 Council meeting. Motion, Ayes 5, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 8, 1986 COMMENDATIONS: MIKE AITCHISON - RESOLUTION #2090 WAYNE QUAST - RESOLUTION #2091 OFFICER KIRNYCZUK - RESOLUTION #2092 CAROL HANSING - RESOLUTION 12093 OFFICER CORNICK - RESOLUTION #2094 OFFICER HENSEL - RESOLUTION #2095 Chief Kil.bo noted that Mike Aitchison and Carol Hansing were unable to attend the presentation. City Administrator Bert hardson presented the following Commendations: Citizen Commendation to Wayne Quast, an Orono City employee, commending him for his brave and self.ess actions in noticing and reporting a fire and, together with Mike Aitchison, effecting the rescue of the house occupant on November 19, 1986. Special Commendation to Officer James Cornick commending him for his expert actions on November 11, 1986 in an attempted suicide, organizing a search and his excellent handling of the person in talking him out of the suicide, which resulted in the individual being able to be turned over to professional help. It was noted that Police Secretary Carol Hansing was key in this incident and will be presented her commendation at the next Council meeting. Special Commendation to Officer Mike Kirnyczuk commending him for his assistance in effecting a cross country arrest in Florida of an escaped prisoner from Washington State prison recognizing :t as an outstanding achievement demonstrating Officer Kirnyczuk's level of initiative and perserverance. Special Commendation to Officer Mary Hensel recognizing her initiative for excellent performance and upgrade of the "Officer Friendly" program as a means of reaching children in their formative state to develop a positive image of the role of Police in society. 1t was noted that Officer Hensel has now taken over the City's Reserve program also APPROVAL OF MINUTES * It was moved by Mayor B-itler, seconded by Ccuncilmember Grabek, to approve the Minutes of the November 24, 1986 regular Council meeting as submitted. Moticn, Ayes 5, Nays 0. PARK COMMISSION COMMENTS There were no comments from the Park Commission. PLANNING COMMISSION CJP0 ENTS There were no comment_, from the Planning Commission. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 8, 1986 LAKE MINNETONKA CONSERVATION DISTRICT REPORT LIQUOR ON THE LAKE 1987 LEGISLATION LMCD Representative JoP:llen Hurr reported that they are in the process of legal research regarding selling of liquor on the lake. The matter of issuing a Lake Minnetonka use sticker has been accepted finding that 90% of the public, marinas, etc. position is positive, if the money from the stickers will be used for lake improvements. The LMCD is working with the DNR to try and give the LMCD more authority on the lake. She noted that the prosecutions by the LaFevre Law firm has been very successful. The LMCD is going to adopt an ordinance thatrelates to slip sizes. She noted that. the cost for temporary de-icing permits is going to increase. Councilmember Grabek asked about the status of additional accesses on Lake Minnetonka. PUBLIC COMMENTS Hurr stated that the Park District has had several meetings and feel positive regarding an additional access specifically for fishing boats. The LMCD would like the Park District to manage all the boat launches in the future hecause they have the ability to charge a launch fee. She noted that the LMCD has not been opposed to additional accesses. There were no comments from the public. ZONING ADMINISTRATOW S REPORT: #922 VAN EECKHOUT BUILDING CORP. 220/280 SALEM COURT LOT LINE REARRANGEMENT FINAL SUBDIVISION RESOLUTION #2096 Chuck VanEeckhout was present for this matter. City Administrator Bernhardson explained the request for a metes and bounds lot line rearra:gement of 2 lots in the Dickey Lake Addition to create a more logical lot boundary. He noted that in the near future, Council action will be required for the appropriate easement forms to be executed by the respective property owners as a condition of the proposed easement vacation application. Councilmember Adams voiced concern regarding the property changing hands before final plat was approved that. could lead to serious problems in other cases. Assistant Zoning Administrator Gaffron stated that some items were partially completed and staff has no authority to push the applicant to complete the requirements in a timely manner on a metes and bounds lot line rearrangement. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 8, 1986 #922 VAN F.ECRHOUT BUILDING CORP. CONTINUED Councilmember Adams found no problem with the request as proposed. It was moved ty Councilmember Frahm, seconded by Councilmember Adams, to adopt Resolution #2096 approving a metes and bounds subdivision of a lot line rearrangement for Van Eeckhout Building Corporation. Motion, Ayes 5, Nays 0. #1032 BRIAN FULMER 3505 WAYZATA BOULEVARD VARIANCE RESOLUTION #2097 City Administrator Bernhardson explained that this request for a variance to the developement moratorium within the Highway 12 corridor is somewhat related to the following Application #1058 Comprehensive Plan Amendment that incorporates, for the most part, areas already sewered and include the Fulmer property. Present for this matter were Brian Fulmer and Robert Mitchell. It was moved by Mayor Butler, seconded by Councilmember Adams, to adopt Resolution #2097 granting the variance to the moratorium as requested. Motion, Ayes 4, Nays 1. Councilmember Frahm voted nay. #1058 COMPREHENSIVE PLAN AMENDMENT MUSA LINE REALIGNMENT City Administrator Bernhardson explained the request for conceptual approval of the proposed amendment subject to formal action by the Metropolitan Council an6 to direct staff to commence the formal application process with Metropolitan Council and to submit such application information to the Watershed District, School District and affected cities. It was moved by Councilmember Adams, seconded by Mayor Butler, to conceptually approve an amendment of the Comprehensive Management Plan that would include certain rural areas of the City within the Metropolitan Urban Service Area and the Metropolitan Sewer Services Area and to direct staf f to f i le a formal amendment application with the Metropolitan Council and to furt„er direct staff to notify all affected local units of government and other jurisdictions. Motion, Ayes 4, Nays 1. Councilmember Frahm voted nay stating it was a bad precedent believing there will be many more requests. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 8, 1986 #1039 WILLIAM ULRICH 1535 BOHNS POINT ROAD CONDITIONAL USE PERMIT/VARIANCL RESOLUTION #2098 City Administrator Bernhardson reviewed that at the last. Council meeting, the DNR representatives addressed the concerns involving the use of the aquifer for residential heating and cooling systems and the discharge of the water used in this system into Lake Minnetonka. Fie noted that DNR is witholding the discharge permit pending the action on the conditional use permit by Council.. Staff received a letter from Dr. Hanson of FWBI indicating that while he does have an objection to thermal energy using aquifer water, but he is not concerned about the actual. discharge of the water into the lagoon. Regarding the suggestion that, this application be used as a test case and initiate a moratorium to deter other such requests, he noted that the City has no authority over the discharge into the lake, however could legally impose a moratorium prohibiting excavations within the 0-75' lakeshore setback. Present for this matter were John Noble, Gregory Halbert, and Don Brauer (President of Brauer Group & Planning Consultant). Mr. Halbert noted that their hardship is the fact that they are installing a geothermal heating/cooling system whereby a discharge area is necessary for this system, and discharge into the lagoon is deemed to be the least environmentally intrusive. He noted that the geothermal heating system is backed -up by a conventional system. Mayor Butler stated that she understands the dilemma, however hardships are in conjunction with the land, not due to the individual or desired heating system, therefore, she believes there is no demonstrable hardship that runs with the land in this case. Mr. Brauer stated that he felt this was an unusual situation, because this is not really a variance that is required, it 15 a regulatory problem which Orono has chosen to treat through a variance process. He stated that the applicant has chosen a certain type of heating/cooling system, which is a very efficient system. The hardship involved is that the applicant is not able to utilize his land to accomodate his choice of heating and cooling his house. Councilmember Frahm noted that in the City of Orono, any grading or land alteration in the 0-75' setback requires both a variance and conditional use permit. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 8, 1986 #1039 ULRICH CONTINUED Councilmember Adams stated that because the proposed pipe does not rE!sult. in structure or significant hardcover in the 0-75' area, he was not concerned with the demonstrable hardship argument. It was moved by Councilmember Grabek, seconded by Councilmember Frahm, to adopt Resolution #2098 granting the conditional use permit and variance to permit the installation of an underground pipe extending into the 0-75' lakeshore protected area. Motion, Ayes 4, Nays 1. Councilmember Callahan voted nay. #1074 GRACE BAPTIST CHURCH 2830 SHADYWOOD ROAD VARIANCE RESOLUTION #2099 City Administrator Bernhardson explained the request for a variance for a sign. Applicant submitted a second si.gnage plar. per the directives of the Planning Commission at their first review. The proposed sign (Supra Herald I) would be 11'9" in height and 61.6 s.f. in area. Planniny Commission voted to deny this sign plan finding the variances still too excessive and specifically recommended the "Standard" Herald I sign which would be 9' in heiyht and 39 s.f. in area. Zoning Administrator Mabusth noted standards within the sign section of the code allowing signs for quasi commercial uses to be 8' in height and 12 s.f. in area. Present for this matter were Bill Mulligan and Lowell Zitzlcff. Mr. Mulligan stated that he made a survey of the signage area of other church signs in Orono, an i he found they fluctuate from 35 s.f. to 72 s.f. in area. They feel because the church is located in a large commercial area, the larger sign is more advant..neot's to their needs. Mr. Zitz lof. f noted that they coula cut down the height of the Supra sign to about 10' whereas their existing sign is approximately 14' in height. It was moved by Councilmember GraDek, seconded by Councilmember Frahm, to adopt Resolution #2099 approving the proposed Supra Herald I sign instal'ed at a maximum heig:it of 10' requiring a 2' variance, and a sign area variance of 49.6 s.f. Motion, Ayes 5, Nays 0. 8 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 8, 1966 #1083 THOMAS BERNIER, DOUGLAS KLINT 6 CARY BARR* 3535 i 3545 IVY PLACE AND 3034 CASCO POINT ROAD FINAL SUBDIVISION RESOLTUION #2100 It was moved by Mayor Butler, seconded by Councilmember Grabek, to adopt Resolution #2100 approving the Plat of Casco Cove. Motion, Ayes 5, Nays 0. #1087 DAVID ANDERSON 860 FOREST ARMS LANE CONDITIONAL USE PERMIT RESOLUTION #2101 David Anderson was present for this matter. City Administrator Bernhardson explained the request for construction of a 50' antenna plus an 6' mast requiring a conditional use permit and a %?ariance to the 30' maximum height allowed. Staff has required that there be a 6' guard around the bottom of the structure and that the applicant provide $100,000 liability insurance. The code requires that the antenna structure be at a minimum distance of 58 feet from all neighbors property lines. The structure -ill be 45 feet from the side lot line to the north. The ancenna structure will require a setback variance of 14 feet. Council did note that the antenna would be located 77 feet from the house on the affected property. Mayor Butler was concerned that if the antenna fell down it would only fall clown on the owner's property. Zoning Administrator Mabusth stated that the applicants property could not meet the setback standard being the nearest property is 45'+. Mr. Anderson noted that he was issued a permit to install the footings for the structure which has been completed. He stated that Orono ordinance does not specifically address the heigh*: of an antenna structure noting that a recently FCC ruling provides an exception to municipalities regulating the height of anateur radio communication towers. The proposed structure is screened from the neighbor by bushes and the neighbor has submitted a letter of acknowledgement. Councilmember Grabek stated that he felt letters of acknowledgement should be provided by the neighbors on both sides of the app 1 i cant' :F property and also across the street. Upon receipt of those letters of acknowledgement, he would not be .opposed to approving the antenna structure. In addition, he recommended that the neighbors be advised if they experience interference problems they should direct their complaints to the FCC. Cl MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 8, 1986 11087 ANDERSON CONTINUED Mr. Anderson advised that the FCC' responds to interference complaints immediately. fit- :lso noted that the type of equipment and frequency lie uses precluues interference problems. C.-Ity Attorney Blatz noted that a review of the FCC memorandum of opinion and order dated September 19, 1985, does not say that local governments can not regulate placement but must be the least restrictive in order to accomplish the municipal purposes of health, safety and welfare. It was moved by Mayor Butler, seconded by Councilmember Gr.abek, to adopt Resolution #2101 conceptually approving the height and setback variances and conditional use permit pending the following: a) letters of acknowledgement from all the neighbors notified of the initial public hearing b) providing the neighbors with information regarding reception problems c) applicant providing a hold harmless agreement Motion, Ayes 5, Nays 0. #1088 DALE J. McCURDY 4041 NORTH SHORE DRIVE VARIANCE RESOLUTION #2102 Applicant was not present for this matter. Councilmember Frahm commented that there seemed to be an excess amount of driveway that was needed and asked why 3.6% driveway hardcover could not be removed avoiding the 3.6% hardcover variance. Assistant Zoning Administrator Gaffron explained that. applicant has noted his concerns for adequate room to turn around. Finding that the steep slopes on the property present an extreme hardship in locating the proposed garage elsewhere, it was moved by Mayor Butler, seconded by Councilmember Callahan, to adopt Resolution #2102 granting the varianct as proposed. Motion, Ayes 5, Nays 0. #1.093 P 6 A INVESTMENT 1380 SIXTH AVENUE NORTH SUBDIVISION PRELIMINARY APPROVAL Present for this matter was John Adams, and the surveyor Gary Gabriel. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 8, 1986 #1093 P & A INVESTMENT CONTINUED City Administrator Bernhardson explained the request to subdivide a 9.8 acre parcel into 4 buildings sites each at least_ 2 acres in area. The lots generally meet the zoning standards, however Lot 2. does not meet the lot width standard at the appropriate setback; and Lots 2 and 3 do not front on a public road. The other significant issue is related to the access. Staff received a letter (late this day) from Hennepin County regarding access recommending Tanglewood Road and the proposed Knoll Manor Road access County Rd. 6 via a common intersection. Staff recommends use of a single access. He noted that the Tanglewood residents oppose any new access onto Tanglewood. City Attorney Blatz is researching the City's authority to direct the access onto TanglewooC. He also noted the critical issue of detemining the actual wetland area. Assistant Zoning Administrator Gaffron explained that there is 0.3 acre basin designated as an official wetland, however the ba-�:A`n contains no cattails or other vegetation types normally associated with a functional wetland. He noted that if this basin were to be dammed, it could have scme effect of the proposed septic system on that site. Councilmember Adams stated that he felt careful policy consideration should be given by the City before it moves in on a private road situation. He stated that he would be very reluctant to go against the wishes of the Tanglewood residents if there is an alternative. City Administrator Bernhardson noted that the distinction of public vs. private road issue may not be a persuasive argument. Staff's concern, in this case, is that. County Rd. 6 is a very busy road with sightline concerns. Therefore, staff feels the developer's solution of leaving the option of a connection through the expanded outlot is helpful. John Douglas addressed the Council on behalf of the residents of Tanglewood stating they did not want the increased density on the private road. Mayor Butler felt that City Attorney Blatz should review the legalities because the safety question will be raised by the City and/or County at some point in time, therefore, it should be addressed at the time of subdivision. Council questioned why the property to the east has not been considered for access. John Adams noted that the property to the east has not been considered because they were unaware that there would be a problem with the access as proposed. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 8, 1986 #1093 P & A INVESTMENT CONTINUED City Administrator Bernhardson noted the reason access was proposed to the west is due to the existing underlying road and utility easements. It was moved by Councilmember Callahan, seconded by Mayor Butler, to table this matter until the January 12, 1987 Council., for further study by the City Attorney. Motion, Ayes 5, Nays 0. #1095 CITY OF ORONO* 2345 BLAINE AVENUE CONDITIONAL USE PERMIT RESOLUTION #2103 It. was moved by Mayor Butler, seconded by Councilmember Grabek, to adopt Resolution #2103 granting a conditional use permit to permit the installation of an emergency preparedness siren per Municipal Zoning Code Section 10.20 Subd. 3(D). Motion, Ayes 5, Nays 0. #1081 GREGORY W. LONG 3359 CRYSTAL BAY ROAD VARIANCE RESOLUTION #2104 Greg Long was present for this matter. City Administrator Bernhardson explained that at the last review, Council requested that staff look at the impact of narrowing the driveway to a width of 16' resulting in a 29.3% hardcover in the 0-75' zone (versus 46.3% originally proposed); and shorten addition 3' leaving a 13' addition resulting in 11' encroachment into 0-75' zone. Councilmember Adams stated that he visited the site and was convinced that applicant's proposal was a justifiable request based on the great variation of average setback within the neighborhood. It was moved by Mayor Butler, seconded by Councilmember Adams, to adopt Resolution #2104 granting the variances per the revised proposal as presented. Motion, Ayes 4, Nays 1. Councilmember Grabek voted nay. ENGINEER'S REPORT: REQUEST FOR PAYMENT #8* WILLIAM MUEL.LER & SONS It was moved by Mayor Butler, seconded by Councilmember Grabek, to approve payment request #8 to Wm. Mueller & Sons in the amount of $6,930.00 for Willow Drive and Old Crystal Bay Rd. Overlay. Motion, Ayes 5, Nays 0. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 8, 1986 REQUEST FOR FINAL PAYMENT* ALLIED BLACKTOP It was moved by Mayor Butler, seconded by Councilmember Grabek, to approve final payment to Allied Blacktop in the amount of $120,878.17 for 1986 Seal Coat Project. Motion, Ayes 5, Nays 0. MAYOR'S REPORT: CABLE TV REPORT: Mayor Butler hau nothing to report. There was no Cable TV report. CITY ADMINITRATOR'S REPORT: SOLID WASTE - JOINT POWERS* It was moved by Mayor Butler, seconded by Councilmember Grabek, to approve joining the West Hennepin Recycling Commission's Joint Powers Agreement together with appointing John Gerhardson as the City's representative to that Board. Motion, Ayes 5, Nays U. INSURANCE RENEWALS City Administrator Bernhardson reported that quotes have not yet been received for Worker's Compensation, however, for the most part it is within the budgeted amounts. Staff reconunends approval. It was moved by Mayor Butler, seconded by Councilmember Frahm, that the City Council of the City of Orono adopt the insurance renewals as listed through the League of Minnesota Cities Insurance Trust, Western National, St. Paul Co.'s, U F & C, and CNA, for the policy year 1987 commencing on January 1, 1987. Motion, Ayes 5, Nays 0. 1987 FEE SCHEDULE ORDINANCE NO. 28 SECOND SERIES City Administrator Bernhardson noted the significant changes in the fee schedule as follows: Golf Fees 5-15% Mechanical Fees 15-20% Kennel Fees $100-$150 New Fees: Driveway Permits $30.00 Sewer Connection Fees Established ones for areas not previously having fees based on assessment Councilmember Adams recommended that the Special Improvements - Request for Public Road fee be equal to the amount of a Proposed Public Road of $900.00. Council agreed to amend the fee schedule per Councilmember Adams's recommendation. 13 MINUTES OF THE REGULAR ORONO COUNCIL, MEETING HELD DECEMBER 8, 1986 1987 FEE SCHEDULE CONTINUED It was moved by Mayor Butler, seconded by Councilmember Frahm, to adopt Ordinance No. 28 Second Series as amended establishing the Fee Schedule for 1987 together with the attached summary for publication. Motion, Ayes Nays 0. REQUEST TO AMEND BASIS OF* CREDITING INTEREST EARNED ON CITY FUNDS RESOLUTION #2105 It was moved by Mayor Butler, seconded by Counci.l.member Grabek, to adopt Resolution #2105 amending the basis for computing the allocation by fund of investment interest earned each month. Motion, Ayes 5, Nays 0. DESIGNATION OF CITY OFFICIALS* AUTHORIZED TO APPROVE COLLATERAL TRANSACTIONS RESOLUTION #2106 It was moved by Mayor Butler., seconded by Councilmember Grabek, to adopt Resolution #2106 designating City officials authorized to approve collateral transactions. Motion, Ayes 5, Nays 0. SPECIAL PURCHASE - CHECK PROTECTOR It was moved by Mayor Butler, seconded by Councilmember Grabek, to authorize the expenditure of $485.00 from the Improvement and Equipment Outlay Fund for the purchase of a check protector from F&E Sales and Service. Motion, Ayes 5, Nays 0. 1987 ANIMAL CONTROL CONTRACT City Administrator Bernhardson explained due to lack of animal control contractors available, staff recommends that the City initiate setting up a Community Service Officer program to provide not only animal control services but to the extent that there are related services that might blend with this job, that personnel be utilized for those in addition, with the program to be in the amounts budgeted. It was moved by Councilmember Grabek, seconded by Councilmember Frahm, to direct staff to continue to locate a private contracting service for animal control. Motion, Ayes 5, Nays 0. ELECTRONIC SIREN* It was moved by Mayor Butler, seconded by Councilmember Grabek, to authorize staff to enter into a contract with Electric Service for construction of electronic siren in the amount of $11,668 and purchase of a steel pole up to $790, at the water tower locetion. Additionally staff is instructed to work with Spring Park regarding their contribution towards construction of this siren. Motion, Ayes 5, Nays 0. 14 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECE1BER 8, 1986 POLICE BUILDING REMODELING* It was moved by Mayor Butler, seconded by Councilmember Grabek, the Orono City Council authorizes the staff to expend up to $850 for leasehold improvements to the Police facility from the 1986 Budgeted Captial Improvements. Motion, Ayes 5, Nays 0. COMPARABLE WORTH APPROVAL* RESOLUTION #2107 It was moved by Mayor Butler, seccnded by Councilmember Grabek, that the Council adopt Resolution #2107 granting raises for comparable worth purposes for the positions OUt]ined in the resolution. Motion, Ayes 5, Nays 0. 1987 SALARY SCHEDULE* RESOLUTION #2108 It was moved by Mayor Butler, seconded by Councilmember Grabek, to adopt Resolution #2108 setting salaries for 1987 commencing 1 January 1987 for general employees subject to further comparable worth adjustments in 1987. Motion, Ayes 5, Nays 0. 1.986 INTERFUND TRANSFERS* AND LOAN PAYMENTS It was moved by Mayor Butler, seconded by Councilmember Grabek, that the interfund operating transfers and loan payments be approved as proposed effective December 31, 1986. Motion, Ayes 5, t ays 0. END OF YEAR BILL PAYMENT* It was moved by Mayor Eutler, seconded by Councilmember Grabek, to authorize the City Treasurer to disburse City funds in payment of claims received for the December 22nd Council meeting, which has been cancelled, and that such paid claims are. to be presented at the January 12, 1987 regular Counci', meeting for formal approval. Motion, Ayes 5, Nays C . DEPUTY TREASURER DESIGNATION* It was moved by Mayor Butler, seconded by Councilmember Grabek, that the City Council approve the appointment of Charlotte Knutson to the office of Deputy City Treasurer in conjunction with '.ier other duties effective December 15, 1986. Motion, Ayes 5, Nays 0. CRYSTAL BAY JUDGEMENT SETTLEMENT* It was mo-jed by Mayor Butler, seconded by Councilmember Grabek, tc authorize staff to pay judgement costs for Crystal Bay sewers in the amount of $6,648.63 to the attorney for the plaintiffs in the matter based on the Court.'s amended order regarding judgement costs. Mot ijn, Ayes 5, Nays 0. 15 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 8, 1986 ADMINISTRATOR'S INFORMATION" It was moved by Mayor But Ier, seconded by Councilmember Grabek, to accept City Administrator Bernhardson's information regarding Commission Appointments, Highway li Corridor, Deer Hunt.;ng in Baker Park, Hennepin Parks - Lake Minnetonka Involvement, Chapman Easement, and Nadeau Septic. Motion, Ayes 5, Nays 0. CITY ATTORNEYS REPORT: City Attorney Blatz had no report. LICENSES* There w,-Dre no licenses to be approved. BILLS* It was moved by Mayor Butler, seconded by Councilmember Grabek, to approve payment of the All Funds Accounts. Motion, Ayes 5, Nays 0. COUNCIL RECOGNITION City Administrator Bernhardson thanked the departing Council -members and noted that formal recognition of their services will be made at a Council meeting in January or February of 1987. ADJOURNMENT 10:09 P.M. It was moved by Councilmember Grabek, seconded by Councilmember Frahm, to adjourn the regular Council meeting at 10:09 P.M. Motion, Ayes 5, Nays 0. ATTEST: Dorothy M. Hallin, City Cler)c Nary C. Butler, Mayor W CF � -; ANEERNG TO: Mayor Butler C. Mark Bernhardson, City Administrator ���{�� 12 ,987 Orono Council Members Planning Commission Members C61 0F ORONO FROM: Jeanne A. Mabusth, Zoning Administrator DATE: January 7, 1987 SOBJ: #1059 Margaret Bjork, 2259 Shadywood Road - Conditional Use Permit for Legal Duplex - Resolution List of Exhibits - A - Council Minutes 10-13-86 B - Council Action Notice C - Inventory of existing improvements D - Staff - proposed site plan E - Complete packet of submittals for Application #1059 - Exhibits A - L Brief Review on Status of Application - The applicant seeks a conditional use permit to allow the existing residence to be used as a legal duplex [per Section 10.20 Subd. 2(1) ]. The application has reviewed the unique history and physical setting or location of _he property. Prior to Mrs. Bjork's purchase of the property in 1976, the property had served previous owners as both residence and place of business (grocery store and dry cleaning plant). Staff would suggest that had Mrs. Bjork approached the City in 1976 seeking a legal duplex use rather than continuation of a commercial use as more sophisticated buyers of today would have, my guess is the City would have granted the conditiona'. use permit. The difficulty in considering such a request today is that the property has been a conforming use since 1976 at least on the official record. The property has been used as a duplex in recent years because of the size and physical layout of the living quarters. In issuing a building permit in 1976 for a mother-in-law apartment (area where commercial use existed - remember upstairs served as former residence for previous owners) staff failed to ask for the required conditional use permit (conditional use permit required for non -rental apartment) and approved plans that allowed not only separate entrances but made no attempt to conform interior design to a comprehensive single family unit as we require in similar applications today. Please review the attached staff memos prepared for the Planning Commission and Council for more detailed information and the Planning Commission recommendation. At the Council meeting on October 13, 1986, the Counci l's first review of the application, the four members agreed a duplex use of the existing structure was appropriate in light of the number of supportive findings that have been found concerning the property. Prior to any formal action on the application, Council members asked for additional information. Please review Exhibi` A, the minutes of that meeting, that reveals Counci l's posit 4 on and lists the information requested. Zoning Application #1059 January 7, 1°,87 Page 2 Responses to Council's Request for Additional Information a) Inventory of the Site (review Exhibit C) 1. Hardcover Breakdown - Property is located feet from lakeshore - allowed 30% hardcover. Area of property = 7324 s.f. Allowed hardcover = 2197 s.f. or 30% Existing hardcover.* = 4404 s.f. or 60% Hardcover varaiance = 2207 s.f. or 30% *garage = 432 s.f. residence = 2275.6 s.f. gravel = 1696.4 s.f. 250-500 In review of existing hardcover it should be noted that approximately 4200 s.f. of additional gravel area within railroad ri-lht--of-way serves the property currently as off-street parking area. Note almost as much area of hardcover that exists on the subject property. The existing non --informing detached garage is in a state of disrepair and should be removed at the time final repairs are made to residence. Staff has asked the applicant to check on the existence of an easement over the railroaO property to permit the off-street parking. The railroad company advises there is *lone but would agree to allowing the use of the right-of-way fo• an annual fee. Ms. Lang asked about leasing of approximately 30' x 80' of railroad property, she was advic-,d the fee would be between $200 to $300 a year. The County Highway department has met with staff out on the site and approves the northern access designated on the staff sketch plan (Exhibit D). The County representative has asked the applicant to work with adjacent neighbor to the north to see if a shared access is feasible. The neighbor to the north will be out of town until the end of March but their children have advised they see no problem since their access drive is so close to the shared lot line. Staff will work with applicant in order to expedite shared access suggestion - may result in reduction of hardcover. 2. Review of staff recommendation for future site planning - review Exhibit D). Hardcover breakdown: Allowed hardcover = 2197 s.f. or 30% Existing hardcover = 4404 s.f. or 60% Revised hardcover = 3995.6* s.f. or 54% *2275.6 s.f. of existing structure 120 s.f. attached garage add (3' x 401) 1600 s.f. paved area Zoning Application #1059 January 7, 10,87 Page 3 Note that staff has asked for crmplete restoration of rai lriad right-of-way reducing 4200 s.f. of off -site hardcover. Off- street parking will be to rear of 3 or 4 car stall garage (applicant may wish to retain portion of ground floor storage area). An attached garage making use of existing 18 feet wide ground floor storage area will help to conserve on space. The proposed site plan reflects no longer a reliance on railroad right-of-way and removal of old detached garage provides off- street parking within "backing out" area of attached garage -- similar use situation for all small lot owners along Shadywood and elsewhere in the City. No setback variances required for this addition or any other improvements shown on revised site plan. Ground cover must be restored upon completion of improvements - landscaping along road must be limited to shrubs not in excess of 3 feet in height. Staff suggests berming along roadway within property lines to define controlled curb cut to north. Staff seep, no need to require special landscaping or fence screening except if owner plans to store garbage cans or dumpster in yard area - code requirements will take cure of that matter. Staff has drafted a resolution of approval for your consideration and action. Note the only variance required to a performance standard of Section 10.20 Subdivision 3(1) would be required setback from a commercial. district. The substandard features of thy, lo' do not have to be addressed but werely stated in the factual findings section of the resolution. A setback variance of 430 feet will be required as the nearest commercial zone is 630 feet to the south. New members to the Council, please feel free to contact me if you have any questions or seek additional information. City of ORON RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (I) FILE #lC59 WHEREAS, Margaret ,i. Bjork (hereinafter "the applicant") has an interest in the property located at 2259 Shadywood Road within the City of Orono (hereinafter "City") and legally described as Lot 1, Block 2, Wiley's Park, Fennepin County, Minnesota (hereinafter "property"); and WHEREAS, per Section 10.20, Subdivision 3 (I), the applicant has made application to the City of Orono to permit a duplex use of the existing residence and to grant a variance to that same Section to permit a duplex use 630 feet from a commercial district rather than the required 200 feet. NOW, THEREFORE, BE IT RESOLVED b�, the City Council of Orono, Minnesota: FINDINGS 1. 'Phis application was revi• 1 as Zoning File #1059. 2. The property is located in the LR-lC Single ramily Lakeshore Residential Zoning District. 3. The property is approximately 7,324 s.f. or .17 acres in area. 4. The present structure was constructed approximately 45 years ago prior to the formal adoption of City-wide standards for lot size or lot width. 5. The structure contains 3,111.2 s.f. of finished living area. 6. Prior to 1963 the structure contained a grocery store on the first floor and residential apartment on the second floor. 7. From 1963 to 1976 the structure contained a dry cleaning plant on the first floor and a residential apartment on the second floor. Page 1 of 6 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8. In 1976 the City issued a building permit to the applicant to allow the first floor to be converted to a non -rental apartment a 1 lowing independent accesses to first and second f loors. The interior plans were never altered to ,,nsure a single family use would be the primary use. 9. Since 1976 the applicant has resided in the first floor apartment, and when members of her immediate family did not occupy the second floor apartment, the apartment would be rented to members of their. church. 10. The current use of the property presents the following lot inventory facts: a) Hardcover breakdown - Allowed Hardcover = 2,197 s.f. or 30% (property is located within 500 feet of the lake) Existing Hardcover = 4,404 s.f. or 60% Hardcover Variance = 2,207 s.f. or 30% Off -site Hardcover 4,200 s.f. - to support parking needs - use of railroad right-of-way b) Lot Area Required = 11,780 s.`. Existing = 7,324 s.f. Variance = 14,456 s.f. or 66% c) Lot Width Required 100' Existing = 100' at the rear of the front yard setback line Yard Setback Line = 128.7' along street lot line d) Setbpcks of Principal Structure Fron' treet Requ .d = 30' Existing = 0' Variance = 30' or 100% Side Required - 10' Existing = 6' Va~iance = 4' or 40% Page 2 of 6 City of OHONO RESOLUTION OF THE CITY COUNCIL NO. e) Se}backs of Accessory Structures Side Required = 10' Existing = 2.8' Variance = 7.2' 11. At the Council meeting of October 13, 1986, staff was asked to review current status of property and to determine what additional variances would be necessary to locate new ga..age, determine a jingle, safe access, required landscaping improvements and to present amended lot 4.^.ventory facts. Council was concerned with the overall effects c_ '_ntensification of use on this severally substandard property. 12. Staff has recommended to Council that all future improvements must be contained within )mestead lct with no dependence on railroad right-of-way. t+,;cess had to be moved to the north if access was to be within homestead lot. The detached garage is considered a hazardous structure and must be removed. The limitations in area will require that a future garage be attached and the 18 feet wide ground f loor storage area be converted to either a 3 or 4 stall garage. Turnaround paved area adjacent to garage must also serve as off-street parking for residents' guests. Entire gravel parking area within railroad right-of-way removed and ground cover restored. Berming along street lot line must define single approved access to site. 13. Lot inventory fac'.s based on staff recommendation for future improvement of the property: a) Hardcover Breakdown Allowed Hardcover = 2,197 s.f. or 30% Existing Hardcover = 4,404 s.f. or 60% Revised Hardcover = 3,995.6 s.f. or 54% Off -site Hardcover = 4,200 s.f. Revised Off -site Hardcover - 0 s.f. b) No setback variances required for attached garage at rear of structure. The existing structure would extend 3 feet from rear of exist.'.ng buildings. c ) Off-street rk . g area provided in turnaround area to rear of garage. 14. The property is located 630 feet from a designated commercial zone but the property is adjacent to a railroad track and across the track from a non -conforming, commercial use, an upholstering shop. Page 3 of 6 City of (),ONO RESOLUTION OF THE CITY COUNCIL AM 15. In 1963 the p1 ty was assessed two residential sewer units. 16. In 1971 the property was assessed two residential water units. 17. There is no contiguous undeveloped land available for applicant to acquire. 18. The current status of this property has made it impractical and/or financially impossibly to make improvements. 19. The City Council finds that the conditions existing on is property are peculiar to it and do not apply generally to o%.ner 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 properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship of difficulty; is necessary to preserve a substantial property right of the appli- cant; and would be in keeping with the spir!_t and intent of the Zoning Code and Comprehensive Plan of the City. 20. The City Council finds that granting a conditional use permi., to allow the duplex use of the residential structure 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 3oning 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 Section 10.20, Subdivision 3 (I) and grants a conditional use permit for a duplex use, subject to the following conditions: 1. The detached garage is a hazardous structure and must be razed by May 15, 1987. Page 4 of 6 ("ity of ORO NO RESOLUTION OF THE CITY COUNCIL NO. 2. An access permit must be obtained from the Hennepin County Highway Department prior to installation. The new access must be installed by April 30, 1987. The off -site, gravel parking area on railroad right-of-way must be removed and ground cover restored and on -site parking area to rear of structure installed by May 30, 1987. Berming along street lot line of property to define single controlled access to County Road to be completed by May 15, 1987. 3. Applicant is advised that if a future garage is planned for the property that it must be attached to rear per staff sketch approved by Counci i at their January 12, 1987 meeting and made pa :-t of this official record. The City wi 1 1 grant no setback variances for a future attached garage. 4. Applicant must bring structure into compliance with all code standards of the Uniform Building Code for a legal duplex. Applicant to commence code compliance review with the Orono Building Department by February 27, 1987. 5. Atithorities 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 (January 12, 1988). 6. 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 misdemear�=. 7. The undersigned applicant has read, and^* -stood 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 12th day of January, 1987. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor! Property Owner(s) page 5 of 6 W MINUTES ON THE REGULAR ORONO COUNCIL MEETING III:LD OCTOBER 13, 1986 AppROVAL OF MINUTES* It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to approve the Minutes of the September 22, 1986 Council meeting as submitted. Motion, Ayes 3, Nays 0. PLANNING COMMISSION COMMENTS Planning Commission member J. Diann Goetten was present and had no comments. PUBLIC COMMENTS There were not comments from the public at this time. ZONING ADMINISTRATOR'S REPORT: #1033 ROYAL DOSSETT* 2795 PHEASANT ROAD VARIANCE RESOLUTION #2057 It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to adopt Resolution #2057 approving �,ariances for Royal Dossett as drafted. Motion, Ayes 3, Nays 0. #1039 WILLIAM J. ULRICH* 1595 BOHNS POINT ROAD CONDITIONAL, USE PERMIT^TARIANCE TABLED UNTIL NOVE14BER 24, 1986 It was moved by Councilmember Frahm, seconded by c,ouncilmember Callahan, to table this application until the November 24, 1986 Council meeting. Motion, Ayes 3, Nays 0. #1064 CITY OF ORONO* SPATES AVENUE LIFT STATION CONDITIONAL USE PU MIT TABLED UNTIL OCTOBER 27, 1986 It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to table this matter until the October 27, 1986 Council meeting as requested by Dan Crear. Motion, Ayes 3, Nays 0. # 10 5 9 MARGARE`P BJORR 2253 SiiADYWOOD ROAD CONDITIONAL USE PERMIT Margaret Bjork and her Real Estate Agent Ruthanne Lang were present for this matter. City Administrator Bernhardsor explained that this property at one time had a commercial use in the lower level and an apartment in the upper level. Since 1976, the lower level has been converted into a mother-in-law apartment. He noted that the City had not required the 3 MINUTES OF THE: RE -GUI -Alt WOW COUNCII, MEETING MELD OCTOBER 13, 1986 91059 WORK CONTINUED appropriate conditional use permit at the time building permits in 1976 and 1.980 were issued to construct. a mother-in-law apartment. The property was assessed for two residential sewer and water units. Applicant requests, in advance of sale of the property, a conditional use permit for duplex use. Ruthanne Lang stated that the structure is ideally set- upfor a duplex use because of the area and floor plan. She noted that the property has been on the market as a single family home with mother-in-law apartment, but that it would be more marketable in that price range as a duplex. She noted that the neighbors have not obje("ed to the duplex use. Zoning Pdministrator Mabusth reviewed the existing upper and lower floor plans noted that there are separate access entries. She noted that a curb cut should be defined and approved by the County for this property. She also noted that in order to create a legal duplex certain requirements may be required by code such as relocation of fire detectors and installation of a se..ond water meter, etc. Mayor Butler asked City Attorney Barrett's opinion regarding granting a variance to the performance standard requirement of a duplex being located within 200' of a commercial zone, whereas this property is approximately 1.000' from a commercial zr)ne. City Attorney Barrett stated that the key issue is determining whether a duplex is a permitted use, and if so, the City does have the power to grant a variance. Planning Commission member Goetten stated that when this application was reviewed by the Planning Commission, she was in the minority opinion that this was a reasonable option for this property. Mayor Butler stated that she did not feel it would be unrealistic to permit the duplex use because of the history of use of the building, the fact that the structure will not change in appearance, and a two residential use would be no more intense than the combined commercial and residential use as it has been in the past. Counci. lmember Fral m stated that he was concerned with the size of lot and intense use and the fact the the future owner would inevitably want to construct a new garage which would create too much hardcover. However, he felt that it was not a bad location for a duplex. 4 MINUTES OF THI: REGULAR ORONO COUNCIL, MH..L•'TING HELD OCTOI3ER 13, 1986 $1059 WORK CONTINUED Councilmember Ca11ahan stated that he agreed with Councilmember Frahm's concerns with area and hardcover however based on the overall context of the lot and the buildings background, he would go along with whatever change is necessary to sell it as a duplex. Mayor Butler stated she agreed with Councilmember Frahm regarding construction of a new garage. Zoning Administrator Mabusth stated that there may not be enough area to locate a garage without the need for a setback variance. :)he also reviewed the past commercial uses of the property, Shc noted that if the duplex use were denied, there would be major problems trying to ccntrcl the use of the Iroperty. She stated that major strutural changes would be required to conform with other mother-in-law apartment use: standards. C=_ty Administrator Bernhardson recommended that staff ,-)me back to Council ..ith additional findings regarding appropriate placement of a garage, any easements that may exist, and a hardcover inventory. It was moved by Mayor Butler, seconded by Councilmember Frahm, to table this matter and to direct staff to bring back additional findings regarding: -inventory of the site -hardcover analysis -number of variances that may be required for an anticipated new garage -access easement over railroad right-of-way property -curb cut, landscaping, screening, etc. -off-street parking Motion, Ayes 3, Nays 0. #1065 LARRY tiARTINEAU 4360 CBIPYEWA LANE VARIANCE RESOLUTION 02058 Jean and Larry Martineau were present for this matter. City Administrator Bernhardson explained the request for a variance to permit a temporary two-family dwelling of which Planning Commission reviewed and recommended approval. Councilmember Callahan stated that standards should be made regarding mother-in-law apartments in order to avoid problems as created in the previous Bjork application and alleviate wasting staff and Councils' time. 5 M ZONING FILE NO. 1059 CITY OF ORONO NOTICE OF COUNCIL ACTION P.U. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 10/24/86 ----------------------------------------------------------------- TO: Margaret Bjork COPIES TO: .tuthanne Lang 4177 Shoreline Drive 970 Forest. Arms Lane Spring Park, MN 5`384 Mound, MN 55364 Don B jor.k 10 Rusten Lane Spring Valley, NY 10977 -------------- _....._----------------------------------------------- TYPE OF APPLICATION: XX Conceptual Approval of Conditional Use Permit ----------------------------------------------------------------- DATE OF MEETING: 10/13/86 VOTE: 4 For Against COUNCIL ACTION - MOTION: To conceptually approve your application for a cor litional use permit to permit a legal duplex use of the residence at 2259 Shadywood Road. Staff has been directed to draft a resolution of approval and in addition asked staff to determine the number of variances required to install a garage in the rear yard of the property. Applicant has been asked to work with staff in working with the County Highway Department to define a safe access and appropriate landscaping for the property. Applicant was also asked to contact the Railrcad Company to determine if an easement has already been executed on the property for access and parking purposes and, if not, to see if it was feasible to acquire easement rights for such use. If you desire certified copies of the official Council minutes, they are available from the City Recorder after review and approval by the City Council. Ale N&* 7. Plat of S for Charles of Lot 1, Block Wiley'a Park Hennepin Ccunty, Minnesota COVE , cco6d 4. -7 A. AL ON -P'PQTt ERM GG 4y e— A— certincate of S%u-%Vyl I hareby oartiry that thin Is a trus and correct refre3entation of-& swavey of the boundaries of 14t it mock 2, wiley a Park,, and of. the locatl mn of all buildings thereon. It does not purport to show other improvements or encroachments. - lot 't • :a Plat of Survey for Charles S. Cross - : ' •'' : of Lot 10 Block 2, Wiley's Park , ' Hennepin Ccunty, Ninnesots, -'• ,•.: - � ia,./OLnf COnaa/ ., .• 'ate+.• r - \ 5wr • � mil.go ; '' �- r ct Ird wy _SWi64KrTFPN ——•t4OK- !ER t--•. Certificate of 94wye �; .• . I hereby c.rU y that thin is a true and correct refresentation ' '� of- a survey of the bouv4arlea of Lot Z, Mock 2, adley a Park, and '''• ,; .`:•_ `- . , or. the location of all buildings thereon.- it does not purport to -�• show other improvements or encroschmenta.• . ,,; .. fr. ;• To: Mayor Butle. Mark E. Bernhardson, City Administrator Orono Council Members Planning Commission Members From: Jeanne A. Mabusth, Zoning Administrator Date: August 13, 1986 Subject: #1059 Margaret Bjork, 2259 Shadywood Road - Conditionr�l Use Permit - Public Hearing Pertinent Ordinances: 1. LR-lC - One Fanily Lakeshore Residential District Section 10.25, Subdivision 1, Subdivision 3 A Review purpose -f district and permitted uses 2. Guest House/Apartment Section 10.20, Subdivision 3 (G) Conditional use permit required for guest apartment - review standards 3. Duplex Unit Section 10.20, Subdivision 3 (I) Conditional use permit required for duplex unit - review standards 4. Non-C.,,_`orming Uses Section 10.03, Subdivision 5 A thr,.)ugh J Review sections for response to questions on proposed uses 5. Prohibitions Section 10.03, Subdivision 4 Can the City issue building pernitb for this structure with current status? List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Approved Building Envelope Exhibit F - Building Permit #3214 Exhibit G - Plans Approved With Buildirg Permit #3214 Exh?.bit if - Renewal Permit #4304 Exhibit : - Telephone Message of 11/17/81 Exhibit .T - General Permit - Water Hook Up - 1 Connection ,. 1- P c Ax /u I p-,F- E-e L 6 "a" L -ta Zoning File #1059 August 13, 1986 Page 2 Review of Application The current owner, Margaret Bjork, wishes to sell the subject property as she can no longer maintain the property given her age and health. She presently lives in a senior citizen's apartment in Spring Park. It is my understanding that Mrs. B- ork's former residence has been offered to a family for temporary non -rental use. Mrs. Bjork has asked the City to consider whether this structure can be used as 2 residential units (duplex) in light of the unique history of use of the property. In any case it is important for the City to make definite decisions on the use of the property in order to protect applicant and future owners. General Facts Zoning District -- LR-lC A) Area Required ArEa = 21,780 s.f. Existing Area = Approximately 7,324 s.f. Area Variance = 14,456 s.f. or 66% B) Width Required = 100' Existing = 100' at. the rear of setback line 128.7 along street C) Setbacks - Principai Structure Required Street/Front = 30' Existing = Variance = 30' or 100% Required Side = 10' Existing = 6' Variance = 4' or 40% D) Setbacks - Accessory Structure Required = 10' Existing 2.8' Variance = 7.2' the front yard lot line E) Assessment History 1963 - assessed 2 residential sewer units 1971 - assessed 2 residential water units F) History of Ownership and Use 1. Prior to 1963 - A. Jalms, owner, mixed use grocery store and residential apartment 2nd floor. Zoning File #1059 August 13, 1986 Page 3 2. 1963-1976 - W. Jungquist, owner, dry cleaning plant and residential apartment 2nd floor. 3. 1976 - to present - Margaret Bjork - residence and mother-in-law apartment 1st floor - no record of conditional use permit for non -rental apartment. Review of Uses Prior to 1963, the property served as both principal residence and grocery store. In 1963, the City assessed 2 residential sewer units against the property. Mr. Jungquist replaced grocery store use with a dry cleaning plant and maintained 2nd floor apartment as principal residence sometime in 1963 through 1976. In 1971, the City assessed 2 residential water units against the property. In 1976, Mrs. Bjork assumed ownership via a contract for deed. The address file for the property provided staff with additional information on the history of the property since 197f. Review Exhibits F, G & H. In 1976, the commercial use did not exist and 1980 repermitting confirmed that a commercial use still did not exist. Per Sections 10.03, Subdivision 5 A through J - a commercial use would not be allowed to be resumeJwithin the structure. The permits and floor plans confirm that permits were issued to convert commercial area of structure into a mother-in-law apartment. Note the permits state that apartment could not be used as rental apartment. A conditional use permit was not required in 1976 - Section 1G.20, Subdivision 3 (G) requires a conditional use - - -mit for guest apartments - the cede has not been amended since _ "6. The applicant's so. q advised that at one time Mrs. Bjork attempted to sell the pri., +-y as a duplex and the prospective buyer sued when advised by -he City that structure was not considered a legal duplex. When the original permits we... issued in 1976 and once again in 1980 to the Bjorks, the City was advised that one of Mrs. Bjork's sons would reside in the second floor apartment with his family and Mrs. Bjork, because of her age, would reside in the first floor apartment. Neighbors have confirmed that Mrs. Bjork has resided in the apartment until her move to Spring Park. Staff has no information on the use of the second floor apartment. from 1976 to present. Staff has had at least 2 contacts from prospective buyers, within the last few yFars, interested in the use of the structure at; Moth -i residence and space for home occupation. Unfortunately, the homo occupations did not satisfy standards for such use. Zoning File #1059 August 13, 1.986 Page 4 Questions that must be resolved for applicant prior to presenting property for public sale. 1. Does the property qualify for duplex credit? a) Adjacent to commercially used property (legal non- conforming use - upholstery shop) property is not adjacent to a commercial district as required in Section 10.20, Subdivision 3 (I). b) Duplex section does not establish need for area or width standard but Section 10.03, Subdivision 4 would require that property meet all zoning standards to permit a change or intensification in use - property is substandard in area and 013i buildin -_ c) Does the fact that the property was assessed 2 water units and 2 sewer units have any beari.no on this issue? Assessments were ':,ased on existing uses - residential units because property was located in residential zone. d) Had the City made any commitments to applicant since acquisition of property that would suggest duplex use was a legal use for property? City has consistent' cemmerciaarea to m,- ther rental u.• City failed t., use permi co allow the guest less ir;r, se use of limited, similar commercial use would not lapsed since dry cleaning dvised applicant that converted law apartment was to remain non - ask for the necessary conditional apartment - may have been deemed a property than a commercial use - have been allowed if one year h plant use ceased operation. e) Can you make the necessary findings that would supF, the position that would find the installation of the see residential unit in 19i6 as a continuation of a n,i- conforming use. Staff did not ask for a conditional use permit for the non-rc_ntal apartment nor for a conditional use permit to a11_ow the continuation of a non -conforming use. Per Section 10.03, Subdivision 5 (A) the non- conforming +.sc may not be changed to another ncn-conforming usE:. The n --N use would not have been approved. Prior to tre 1967 Z(- ing Code there were no standards ^r non- c nform4 ng u --!s - the change in use from grocery to dzy c1E;tn.ing 'ant required no zoning review. Staff had originally advised applicant's son that a r., riew of the f i l es and c -:de may have supported this position but can not make the nece .�ary findings. Zoning File #1059 August 13, 1986 Page 5 If Planning Commission finds that property qualifies for duplex credit, you may consider the following findings: 1. Property was assessed for 2 residential sewer and 2 residential water units. 2. Second .floor apartment area created prior to zoning and building standards (allowed mixed residential and commercial use). 3. Property has immediate access to County Road. 4. External appear-r- - of house suggest single family residential use. 5. There is adequate room on site for off-street parking. If Planning Commission finds the property does not qualify for duplex credit, you may consider the following findings: 1. Property is not adjacent to commercial district but adjacent to a commercially used property considered a legal non -conforming use. The objective behind all zoning standards for non -conforming uses is that the use fade away and permitte and conforming uses within the specific zoning district be established. 2. The property is severely substandard - property lacks 14,456 s.f. of required area, house encroaches r-ef-Way Read. A,yrt , k *,Law, 3. Safety becomes even more of a concern with increased or intensifed use of property. Accesses to and from property increased. 4. Permits for guest apartment clearly advised applicant that unit could never be used for rental purposes. 5. Such use would be in conflict with the intent and purpose of the LR-1C 2�oniz)g District. Other issues to be resolved concerning this property: ]. define an approved curb cut to property - seek Hennepin County Highway Department approval - open access to site must be discontinued - only one approved access to and from site; Zoning File #1059 August 13, 1986 rage 6 2. recommendation regarding mother-in-law apartment: Available Options a) approve conditional use permit alerting all future buyers as to the limitations on use of apartment and make such alterations to structure that would deny separate access to 2nd floor unit; b) ask that first floor be altered such that area can no longer function as independent separate residential unit - deny conditional use permt for guest apartment - require that structure be used only for single family use; 3. require that Building Department inspect foundation for structural soundness. September 17, 1986 Additional Comments and Planning Commission Recommendation: As suggested by the Planning Commission, the applicant has submitted a letter reviewing, once again, the unique history of his mother's ownership and involvement with the property. In that same letter he lists specific hardships and find igs that he asks Council to consider prior to any formal action on the conditional use permit. 1. Bjork states thaLt it would be unreasonable and economically not feasible to upgrade the current structure to a single family residence on a substandard lot adjacent to the County road and railroad tracks. 2. The non -conforming use and existing zoning prohibits commercial use of the property. 3. An approved hoer occupation may prove more of a zoning nightmare in this t,pe of structure. 4. The most affected neighbors have voiced no objection to Mrs. Bjork's current application. One neighbor called the City to support any Drogram that would allow the severely limited property to be upgraded. Zoning File #1059 September 17, 1986 Page 7 The majority of the Planning Commission voted denial of the conditional use permit (for duplex use) (originally accepted by staff as a possible continuation of a none -conforming use - deemed less intense of a use than t1,e previcus mixed commercial/residential uses). A review of the records on this property revealed no evidence to support a position that the duplex use was deemed less intense: than the mixed commercial/residential. The majority opinion felt each permit by the City issued to the applicant clearly advised the second apartment was for non -rental use although a conditional use permit for the non -rental apartment was never required in 1976. Please review Exhibit K, the minutes that contain the specific recommendation of the Planning Commission. Alternatives of Council Action: A) To -1env ,ne n;ork application for a conditional use permit for duplex credit and to grant a conditional use perm.lt for a non -rental apartment unit subject to the following conditions: 1. The owner working with both the Hennepin County Highway Department and the Orono staff in establishing a permanent, safe curb cut to the site; 2. Removal of detached accessory structure in rear yard that is in a state of disrepair. Direct staff to draft a resolution with appropriate findings for action at your meeting of October 13th. B) To direct staff to draft a resolution of approval for a conditional use permit for a duplex based on resolve of the following issues: 1. City Attorney to opine if granting a duplex credit for this ")roperty constitutes a use variance or merely a variance to a performance standard of Section 10.20, Subdivision 3 (I) - If this is considered a use variance - the application will be returned for further Council action at your October 13th meeting. 2. Building Department to evaluate existing structure in regard to building code standards for legal duplex. a) need for indepent water meters; b) separate hook-ups to sewer for each units; c) second f loor apartment must be brought upto building code standards; Zoning File #1059 September 17, 1986 Page 8 d) fire code standards - legal/safe egress. 3. Zoning Department to evaluate on site demands of duplex: a) parking needs - number of stalls; b) landscape requirements. If the City Attorney determines that this request involves merely a performance standard variance, staff will draft the necessary resolution with appropriate findings. CITY OF, OR ENO GENERAL LANDUSE"APPLICATION - - ----------------------------------------------- PRUPi:ATY LOCATION Site Address Property Identification Number (P.I.D.) Z 7 1/ 7 23 it 3 O / A7 Please check one - Is the property abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT 4 -74 — 6 400 Name Phone !q7c2— .7 7 0 7 Mailing Address �lU eores;r /�I�'h'1$ /-t,/t/&.. --------------------------------------------------------------------------- OWNERName 7 -., 11-t K Phone���/�?3 _ J^ / A Mailing Address Date Property Acquired �`� 1 (month/year ) 3S 3 !?y I (do) (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.) V $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) I:and Alteration Grading and filling - 101 cu. yd. or more Seawall, retaining walls within 75' of la',:eshore PRD/PID - see fee schedule OTHER APPLICATIONS $150.00 Comn,e^-ial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision OTHER APPLICATIONS - CONT. t $250.00 Rezoning ` $200.00 Appeals Other - see fee schedule -----------------------------------------------------------•-------------- r PRESENT USE OF PROPERTY 1 Present Zoning District Present Use of Property Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: --------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Cernter 348-3271) 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plan, if applicable. 6. Plat Map. --------------------------------------------------------------------------- The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not '.)een 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. -i Applicant's signature .�/ ' /�c Date 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 _ Date -------------------------------------- ------------------------------------ Applicant must have all submittals into the City offices 25 days before the Planning Commission M,,eting. Planning Commission Meetings are held on the thin- Monday of each month. y C � - li i AN 23 15 14, 15 >i / i'y 7 s /1 rU �+ �y�} rr 4; 1y� ! •� . 119 ` V17 1�y1 1 ql b +.,%/OAS\'' ' AO ve O b 2O I T .. .. !i 7I ) I.� .J i1 i �17� /� (\�L ' • 1 ,� f. . L i / / �, `z� . i t 2. � sj •. �, w ' �, ,L ) 324- I�.g e' t/�" 17 + e s 4 3 1 ,1� 9 b i a s ; 4 a� , �,'�u ��,, to / tZa p�s)''� ��� • �) I (Ii) ti ` � • �� 213 / 1 �i l)�J/" 9 /y'l / / Is 15 i Is 17 le 19 1 20121 22 23 24 13 ' to 5 1 I7 i20 1 Z4v4 v , oo 23 LIVINGSTON AVE - f�►1s�4 Y tev •� t 17 .'�• Q to 10 9 8 6 5 4 3 2 1 141 a 12� 11 to gel(a 7` 1 6 1 3' 4 i 2, 1• '(�r• � �,� 19"•Is Aid It Is 19 17 ,e 19 20 2I 22 23 24 Q Is , 16 17 , is 19 Zv' 21 22 21 ( 24 25 26 27 ?.e " = • L,�`� f�) ,'y4i, Z , ` ;;6% 1��; �,�) %11) 11 �...•�� • �. 4iN � BIOc�� '�i .�1 LYRIC ~' Lot '' s � Ot 10I 9 0 l 9 j 3; 2 1 /4 13 II O 9 e 7 '.6 9 4 11 =ark 19 20 7 23 4 1 17 ie .9to 21 22 �3 241•.26 2' 2e 1 \1 `r\I t �i llOyl; , Uf #k RUN DATE O7/23/86 HENNEPIN CWT .'ROPERTY INFORMATION SYSTEM REPORT NO. PI435401 A KoPERTY OWNERS LIST PAGE I BATCH 001 38 17-117-23 42 0001 38 17-117-23 42 0002 38 17-117-23 42 0003 PROP ADDR 02240 SHADYW'OOO RD 02232 SHADYWOOO RD 02224 SHADYWOOD RD Itz OWNER NAME C A i C A FREEMAN RICHARD LEE KOKESH MICHAEL PIRICH TAXPAYER C A E C A FPEEMAN RICHARD L KOKESH MICHAEL PIRICH NAME/ADDR 2240 SHADYWOOD RD 2232 SHADYWOOD RD 2224 SHADYWOOD RD WAYZATA MN 55391 ORONO MH 55391 WAYZATA M 55391 38 17-117-23 42 0004 38 17-. 7-23 42 0005 38 17-117-23 42 0006 FPOP ADDR 02216 SHADYWOOD RD 0-'208 SHADYWOOD RD 02200 SHADYWOOD RD CWNER NAME JAMES G GOTHMANtl ETAL J B ELMQUIST & P M ELMQUIST V W YOUNG ETAL TAXPAYER JAMES G GOTH,`tAt," J B& P M ELMCUIST VINCENT W YOUNG 'w t4AME/ADDR 2216 SHADYWOOD RD 2208 SHADYWOOD RD 2200 SHADYWOOO RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZAT:_ MN 55391 opk 38 17-117-23 43 0001 38 17-117-23 43 0004 38 17-117-23 43 0005 P40P ADOR 02293 SHADYWOOD RD 03443 CRYSTAL PL C:.^:ER NAME STATE LAND DEPT E J DALLOS t, J N MOORF A E L RCDEI:ALD TAXPAYER STATE LAND DEPT ROBERT A & DELORES C RYAN ADELBERT M RODEWALD N'-!IE/ADDR 2293 SHADYWOOD RD 3443 CRYSTAL PLACE ORONO MN 55391 WAYZATA MN 55391 oft 38 17-117-23 43 0006 38 17-117-23 43 0007 38 17-117-23 43 0008 FRCP ADOP 03449 CRYSTAL PL 03457 CRYSTAL PL 03465 CRYSTAL PL C'-:';ER N"lF KERRY T CAMPION WINDFALL PROPERTIES STEPHANIE A KROEGER TAXPAYER KERRY T CAMPIOtl FREDERICK/CATHERINE GERMAIN STEPHANIE A KROEGER NA►1E/ADDR 3449 CRYSTAL PL 3457 CRYSTAL PL 3465 CRYSTAL PL WAYZATA MN 55391 WAYZATA MN 5539i WAYZATA MN 55391 38 17-117-23 43 1009 38 17-117-23 43 0010 38 1.-117-23 43 0,11 PPOP ADDR 03473 CRYSTAL PL 03477 CRYSTAL PL 03485 CRYSTAL PL 0« ;ER NAME G V LATOURELLE L K Ii OLAFSON NANCY B HATFIELD ALBERTA M STROM TAXPAYER KAREN M OLOFSON DEAN HILGERS & ROD EARLYWINE ALBERTA M STROM NAME/ADDR 3473 CRYSTAL PL 425 ELM ST S 3485 CRYSTAL PLACE �.. WAYZATA MN 55391 WACONIA MN 55387 NAVARRE MN 55391 P 38 17-117-23 43 0012 38 17-117-23 43 0016 38 17-117-23 43 0017 P90d ADDR 03493 CRYSTAL PL 03472 LIVINGSTON AVE 03460 LIVINGSTON AVE CIAtER NAME G N LOCKREM ETAL P E GRANT A A M GRANT DALE W WISWELL ET AL TAXPAYER ROBERT PAIGE PAUL E GRANT KEtM IC N LIHOLAN ,. NAME/ADDR 4601 BRUCE AVE 3472 LIVINGSTON AVE 1720 RESTHAVEN EDINA Ml 55424 ORONO MN 55391 MOUND MN 55364 E"- RUN DATE 07/23/66 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435+O1 PkiPERTY OWNERS LIST Pt ;E 1 ' BATCH Doi 38 17-117-23 42 n001 78 17-117-23 42 0002 38 17-117-23 42 0003 es PROP tDOR 02240 SHADYWOOD RD 02232 SHADYWOOD RD 02224 SHADYWOOD RD OlWNER NAME C A & C A FREEMAN RICHARD LEE KOKEUi MICHAEL PIRICH TAXPAYER C A & , A FREEMA'l RICHARD L KOKESH MICHAEL PIRICH NAME/ADDR 2240 SHADYWOOD RD 2232 SHADYWOOD RD 2224 SHADYWOOD RD WAYZATA M4 55391 ORONO MN 55391 WAYZATA MH 55391 38 17-1!7-23 42 0004 38 17-117-23 42 0005 38 17-117-23 42 0006 PROP ADDR 02216 SHADYWOCD RD 02203 SHADYWOOD RD 02200 SHADYWOOD RD "•`. C�!tER NAME JAMES G GOTHMANN ETAL J B ELM^UIST & P M ELMGUIST V W YOUNG ETAL TAXPAYER JAMES G GOTI;MAt'N J B& P M EI.Y,;UIST VINCENT W YOUNG NAME/ADDR 2210 SHADYWOOD RD 2208 SHADYWOOD RD 2200 SHADYWOOD RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 1� 38 17-117-23 43 0001 3II 17-117-23 43 0004 38 17-117-23 43 0005 PROP ennr, 02293 SHADYWCOD RD 03443 CRYSTAL PL OWNER NAME STATE LAND DEPT E J DALLOS & J N MOORE A & L RODEVALD TAXPAYER STATE LAND DEPT ROBERT A & DELORES C RYAN ADELBERT M RODE:3ALO NAME/ADDR 2293 SHADYWOOO RD 3443 CRYSTAL PLACE 013CNO MN 553?1 WAYZATA MN 55391 38 17-117-23 43 0006 33 17-117-23 43 0007 38 17-117-23 43 0008 PROP ADCR 03449 CRYSTAL PL 03457 CRYSTAL PL 03465 CRYSTAL PL CWNER NA'tE KERRY T CAMPION WINDFALL PROPERTIES STEPHANIE A KROEGER TAXPAYER KERRY T CAMPION FREDERICK/CATHERINE GERMAIN STEPHANIE A KROEGER NAME/ADDR 3449 CRYSTAL PL 3457 CRYSTAL PL 3465 CRYSTAL PL WAYZATA MH 55391 WAYZATA h^4 55391 WAYZATA MN 55391 38 17-117-23 43 0009 38 17-117-23 43 0010 38 17-117-23 43 0011 PPOP ADDR 03473 CRYSTAL PL 03477 CRYSTAL PL 03485 CRYSTAL PL O'NER NAME G V LATOURELLE & K M OLAFSON NANCY B HATFIELD ALBERTA M STROM TAXPAYER KAREN M OLOFSON DEAN HILG PS & RnD EARLYWINE ALBERTA M STROM NAME/ADDR 3473 CRYSTAL PL 425 ELM ST F 3485 CRYSTAL PLACE �r WAYZATA HN 55391 WACONIA t^:: 55387 NAVARRE MN 55391 �. 38 17-117-23 3 0012 38 17-117-23 43 0016 38 17-117-23 43 0017 PROP ADDR 03493 CRYSTAL PL 03472 'TVINGSTON AVE 03460 LIVINGSTON AVE CWNER NAME G N LOCKREM ETAL P E GRANT & A M GRANT DALE W WISWELL ET AL TAXPAYER ROBERT PAIGE PAUL E GRANT KENR IC N LINDLAN �. NAME/ADDR 4601 BRUCE AVE 3472 IiVINGSTO'J AVE 1720 RESTHAVEN EDINA MN 55424 ORONO KN 55391 MOUND MN 55364 RUN DATE 07/23/86 dEN74EPIN COUNTY PROPERTY INFORMATION SYST[M REPORT NO. PI435401 �► PROPERTY OWNERS LIST PAGE 2 BATCH 001 �+►: 38 17-117-23 43 0018 3A 11-717-23 43 0019 38 17-117-23 43 0020 PROP ADDR 03452 LIVINGSTON AVE 03444 LIVINGSTON AVE 03438 LIVINGSTON AVE Oh?:ER NAME WILLIAM R MAXWELL II & WIFE FRANK H OLSON ETAL STEVEN 0 GRAPENTIN TAXPAYER WILLIAM R MAXWELL II FRANK H OLSON STEVEN 0 GRAPENTIN � NAME/ADCR 3452 LIVINGSTON AVE 3444 LIVINGSTON AVE 3435 LIVIP'_:TON AVE } NAVARRE r.i 55391 WAYZATA MN 55391 WAYZATA MN 55391 r " PROP ADDR 38 17-117-23 43 0021 03436 LIVINGSTON AVE 33 17-117-23 43 0022 03422 LIVINGSTON AVE 38 17-117-23 43 0026 03525 CRYSTAL PL OWNER NAME STANLEY A MOORE ET AL W F. N BOCKMANN STATE LAND DEPT TAXPAYER ROXANN BEISCH WILLIAM H COCKMANN GEORGE J & NOLA A EDWARDS �q NAME/ADDR 3436 LIVINGSTON AVE 3422 LIVINGSTON AVE 3533 CRYSTAL PLACE WAYZATA MCI 55391 ORONO MN 55391 WAYZATA MINN 55391 38 17-117-23 43 0042 33 17-117-23 43 0116 38 17-117-23 43 0118 PROP ADDR 03503 LIVINGSTON AVE 03407 CRYSTAL DAY Rl 03415 CRYSTAL BAY RD OWNER NAME MARK A SPALDI14G ETAL P. S & E C NICHOLS ROCERT H ZIM,!ERMAN C, / TAXPAYER MARK A SPALDING ROCERT S & EL14ICE C NICHOLS ROCERT H ZICMERMAN NAME/ADDR 3508 LIVINGSTON AVE 3407 CRYSTAL DAY RD 3415 CRYSTAL BAY RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN S5391 P 38 17-117-23 43 0120 38 17-117-23 43 0121 38 17-117-23 43 Cl',,' PROP ADCR 03435 CRYSTAL BAY RD 03445 CRYSTAL DAY RD 03447 CRYSTAL BAY RD OWNER NAME ROCERT W MIELENZ GLORIA MC DONALD G[C^GE C SWAI.QZCK TAXPAYER ROCERT WILLIAM MIELENZ GLORIA MCCONALD GEORGE C Si:APZECK NAME/ADDR 3435 CRYSTAL BAY RD 3445 CRYSTAL B — RD 11021 ABBOTT LA ORONO MN 55391 ROUTE I MINNETONKA MTV 55343 WAYZATA PIN 55391 38 17-117-23 43 0124 3n 17-117-23 43 0125 38 17-117-23 43 0126 PROP ADDR 02264 SHADYWOOD RD 0, 56 SHADYVOCD RD 02248 SHADYWOOD 70 Cl-'NER NAME EVELYN S TRUT14AU WILLIAM HEK^Y HEY JR D & K OWEN TAXPAYER EVELYN S TRUTNAU WILLIAM H HEY JP DAVID S OWEN NAME/ADDR 226' SHADYWOCD RD 2672 WILSHIPE BLVD 2248 SHt.DYWOOD RD p. WAYZATA P1:! 55391 MOU:� MH 55364 WAYZATA Poi 55391 r+ 38 17-117-23 43 0127 38 17-117-23 43 0128 117-23 43 0129 PROP AODP. 02259 SHADYI:OOD RD 02245 SHADYWOOD RD S`iADYWCOD RD C.1*4ER NAME ROCERT JLINGGUIST ETAL MINN FED SAV/LOAN _RUDER & S M SCHUDER TAXPAYER MARGURITE J BJORK DOI:ALD H WEISS 'hIEL L & SUSAN M SCHUDER !- NAME/ADDR 4177 SHORELINE DR APT 327 2245 SHE,DYL:DOD ROAD -237 SHADYWOOD ROAD SPRING PARK MN 55334 WAYZATA MN 55391 OTZONV MN 55391 ►� ` P]at of Survey for Charles B. Gross of Lot 1, Block 29 wiley's Park Hennepin County, Minnesota Cob 0 . �^ ;i. ,E. � - ,,44 � r � ,'! •LIB _ ' -� N;. ems.. /•na . Certiflcate aI' SvtweyI I boreby certify that thia !a a true and correct refresentrtion Of a srMOY of the boundarl-es of Lot 1, Mock 2, Wiley a Park, and of the 10�,atinn of all budldings thereon. It doss not purport to show other Imprvvements or encrc,achmants. Scelet 1` = 4G' Gordon H. Coffin •A,og c:, fiC'f>� Date + 11-1-7A L d Surve-or and Flenmr o i Iron marker Long LAID... )(Inmeote ' r r 0 r ' III • • 1 . Flat Of -urvey �4' •. • for Charinn d. Cross ;�. ;, .::. • ' of Lot 1, Block Z, Kiley' s Park 'Hennepin Ccunty, Minnesota . vim' /µ• ►•. ` •� fA :•f•• r ti ems. � +r • Yp. ..• / - N ,,•• •1-'0 4' 41 to o: 3� 1 4� phi CeA con-*4: re33entaltlon 4. a ip,,tweT of tho 1 •:vrr ll riu Ls of lot 1, Block ?, ki tLf a Park, at:d qt ``e locatim of ellt buildings thereon. It does not p-,Uwrt to -; dhow -:her 1r rocementm or nricroachmento. %ca)"I l• iG' �•ord-a R. Cof 'ln AIj c, V _) • •7d W-_nd ',.u-veyn.r and Planner 1 T*, arker `.Gng Lalc%, Ktan*rote► t,9fr'i1.;7T:; Ct ,vl.• t.rr tt.i -.y Vtil-460E OF `.0fJC. 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Description: i Ti'e�tb} attcc that, in cat s r...,M►t is Ara100, all whit which ,h>il he ds,r•c sad .III matrtial+'Which 049 be. 'wed. " *it',) the 4',i!,+gc cock. of 013no a?C,l,c•-Iti{r, tit:rcM, alai •11311 incL-1 ':'i iddl1M- at lsstO tic".". 14%till piJinhr.s —At_fl1w: {ACC S. tt-4-11�c t1 jy_' a{ ' J -colt Ft c S ... . R•:stir , 51 a lltlrt; of al'O c -lilt t•':'.• ti, ;: t'E \'lira; r• Oi%, cll r- k,4,7 K MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 18, 1986 #1048/#1049 WASHINGTON SCIENTIFIC CONTINUED Regarding the application for a variance and conditional use permit to construct the building, Mr. Unger stated that the bui ldin,• i.-- Y+ t due to a PCA inspection requiring adequate stoi._age their chemicals. There were no other comments from the public regarding this matter and the Public Hearing was closed. It was moved by Chairman Keiley, seconded by McDonald, to reconmenC approval per staff recommendation subject to WSI submitting a statement from the Board Meeting approving the installation of a sprinkling system prior to the September 8th Council meeting when the Council will review this application. Motion, Ayes 6, Nays 0. 1059 MARGARET WORK `Z5TSHADYWOOD I.' T) CONDITIONAL USE %IT PUBLIC HEARING -- 8:37 The Affidavit of Publication and Certificate of Mailing was noted. Representing the :_i.,plicant were Don Bjerk, applicant's son, and their real estate agent, Ruthanr.e Lang. Applicant rt-,,,aests a conditional use permit to permit the property at 2259 Shadywood Road to be used as 2 residential units (duplex) in light of the unique history of use of the property Applicant wishes to sell this property as she can no longer maintain it. Zoring Administrator Mabusth reviewed the floor plan which indicate that theiz are two separate living units with separate entries. She noted that the two building permits dated in 1976 and 1980 which were issued to remodel the house for a mother-in-law apartment both specifically note that it is not to be used as a duplex or for rental income. Today, it is obviously being used as a duplex use. Don Bjork explained the history of the property and the change of his families circumstances. He noted how his family had improved the property. He stated that this house is definitely now a duplex, which the City help to create, and there is a hardship being they cannot sell the property unless it is granted a duplex use by the City. He asks that the City realize what is actually there and help them with thi., bad situation. Zoning Administrator Mabusth stated that staff finds no we.y to make this property -i legal non -conforming use. 7 MINUTES OF THE PLANNING CC L'ETiNG HELD AUGUST le, 1986 K #1059 DJORK CONTINUED Bellows stated _,,Lit i,hc had sympathy with the Bjork family however sh(z caned to find a hardship involved other than financial. She feels that this property could be sold with a :,other -in-law apartment. Goette,: noted that the city ' s looking at an amendment regaxc iing duplex use, )he also noted the fact that this pt-aerty has been assessed 2 sewer. and 2 water units. Zoning Administrator Mabusth stated that the property has only 1 meter. No one was present from the public regarding this matter and the public hearing was closed. It• was moved by Bellows, seconded by Chairman Kelley, to recommend denial of the use of this structure as a duplex unit based on the fact that the owners have been on Notice for the last ten years t!lat this is not to be used as a ret al or duplex unit. Motion, Ayes 4, Nays 2. Goetten and Hanson voted nay stating that staff should review possible legal remedies that may be available. Applicant was advised to 4:;;rk with staff on this problem before being heard by the Council. #1060 J.F. FLEISCHHACKER 2775 SHADYWOOD ROAD VARIANCE PUBLIC HEARING 8:40 -- 8:50 The Atfidavit of Publica--on and Certificate of Mailing was noted. Mr. Fleischhacker was present for this matter. Assistant Zoninc; ;:-iministrator Gaffron explaing the request for hardcover, average lakeshore setback, and structure in 0-75' setback zone variances to construct a two -level deck in order to gain access from their upper floor level to tt,e rear yard without blocking dtty windows. Per his memo, applicant proposes to have a ,n-hardcover surface underneath deck and shrubbery ree.i_o the proposed deck from the most affected neighbor. Bellows stated that she construct the stairs -ay with setback area. A felt there were ways less enfringement in the 75' Don Bjork 1.0 September 1986 Mary Butler, Mayor Citv of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Dear Mrs. Butler: i'� i f SEP 15 1986 !J u.. L8 August 1986, the Planning Coir,mission voted 4 to 2 against recommending a conditional use per:lit for a resi- dential property located at 2259 Shadvwood Road in Navarre end owner.i by my mother, Mzrgaro; . R-jor,:. May I resncct-- fully request that you and the City Council exercise your own preroo ative in weighing the facts of this ase. Thus doing, I believe you will agree wig-:- those mE. ,.ers of the Planning Commission who felt the permit should be aranteel. 1. The apolicant. Before I cite the stated reason for denial and the basis of the Applicant's appeal, may I say that she has earned and deserves your special considation, this for no other reason than her faithful service as Post- master of Minnetonka Beach for 23 years. Now 88 years old, Mother h_,s been widowed since 1969, when m•_: Father (former- ly floor manager of the Minnetonka lieral(,) passed array. Still serving her church and community, she continues to live independently, this with a minimum of help like. this from her four sons, who were all raised in the Minnetonka area and are now scatterAd from coast to coast. 2. The stated reason for _ne denial. The 22 August 1986 "Notice of Planning Commission Action" states that the Com- miss.,on recommends denial for the following reason: nlicant has always been placed on Notice by the City that. second residential --r,it allowed in 1976 was always to serve owner as a non-re„r:u - unit." The rppl � cant u _. s not der- receivinq such .Notices, either perscnally or Lhrou,ih her _ons; but all will bear witness that they placed her unJ e 'gars of unnecessary stress, if not actual duress. Becau of the City's position, the Shadywood property has hecome a burden rather than a bles- sing. Nhen my broths, ::lif.ford wap ,alled to the ministry out of business in F,varre. the- ma_ upstairs unit became vac.;nt This left mot _er r,.,t only alone in the downstairs uni_, without recourc;e-entinq out the upstairs unit. Unable tr) sustain t1,(' cost: such a urge b1iildina, she was eventually r :)r. ced out !.or own home. . 1 , though F O Bu. x WRC Nyack, New York 10960 Phor,u 914'268-4138 2 - MB, City of Orono tb,-.usands of dollars have been invested to renovate what wa-> previously an eye -sore, Mother several times has tried to ­sll her nronerty, always running up against what seems :o o., a needlessly heavy-handed restriction upon it:3 use. 3. Tl.e ba-,:i:< .for the Applicant's appeal. Apparently, the City=s po:_•. `1n has grown out of its intent and purpose in the LR-lC r-«, ning, which envisioned an area of single-fami- lv domes. this would. be nice. And, it is under - standabla 7ity might wish PLst exceptions to the 1976 Code to "facie away." In some cases, however, that simply iv. yen. In this unique instance, for ex- ample, the pre,!- use and original design of Mother's property were definitely not that or a ni.ngle-family home. Moreover, the sub-standarTt of mould itsel` auger against such a conversion. This in mind, the Annlicant's desire has dlerays been to upgrade her property to its most realis- tic use. That use is quite obviously a duplex. Those members of the Planning Commission who voted for this use were precisely the ones who took time to inspect the property and to see for themselves what we have known and stated for years -- that the very nature of the buildingTis a dui lex. The tip - stairs unit has always been resident al. And, though the downstairs unit was ased in the past as a grocery and then as a dry-cleaning establish,,,ent, it always carried with it the potential of easy conversion to residential living sp ce--if indeed it was not actually used such. even before Mother was -ranted a building permit in 1976. (The City did a,sess residential water units in 1971, several .,ed? prior. to Plot ier's ownership.) Then, too, each unit has always had separate access to the street. Considering *he increased traffic on the Countv highway where it is located, the buil.dinq inspector worked with my brother to r -nos.iti,­n both entral,ces on another side of the buildinq. .n sr) -IC,, Ya not 7-nly allevi.^*.e,' con-• terns for safet•, over yes u--e and intensif_ . acr.ess, but tacitly acknowledge:. _.,,2 generic nature of thbuildingi as a duplex by avoroving the continued existence of inder_en- dent outside access for each re-idential unit. That sach an approval would be unlikElN I da(e=; not -,.uinsav the fact that it was granted then--anu ;-.i,at ti. s decision w i rtice- ly realistic in terms of the ..ilditng's ocneric n& To achieve as mi •i consistency :s ossible with the City's desire for an arc— c, �- sing' -fam hr.,mes, the bui l din,.t .n- spect.or wisely -c.4' *),a, the '.)utC 4ide ani-)earanc e would indeed such;est rather t -an nreicia. � se. In the most recent improvement, the T-)pLicant enh;:ir,. at; this residential imane by a complete ex,rr rerin%it.on, i ncludinn a mansard roof to rer 'ace the .,t._ cc 0 1 annear- ance c- f the past. Still, th,_ i nti r for remains twn set),:i ­ ately accessible unit.:; hest ;eseribed ;1s ,i And, t' ,ih the Ir is ­(" r`.,aini',' if?Fi(. •('l/�:]rCt, �.'�:,. ,f 3 - MB, City of Orono room for parking under city Codes for a duplex. Please understand, then, that the Applicant is not mak�nq her appeal on the sole basis of hardship caused by past limitations upon the use of her property. Neither is tiie Applicant seeking use of her property as a duplex simply because it would De more saleable, or help her to offset expenses against more income potential (which, at her age, is most definitely a consideration). Mother most definitely merits consideration of those fac- tors by the Council, but they are not of the essence in her appeal. The Applicart's appeal is based squarely on another premise --that the most realistic use of her prop- erty at 2259 Shadywood Road is as a duplex. Aside from the argument I have set forth as to its generic nature as a duplex, there are other cogent reasons for such use: • The building can only be converted to a single-family home with an enormous expenditure of money unjusti- fied by the substandard lot and proximity to both highway and railroad. • The building cannot revert back to its former com- mercial use, this in light of the one-year lapse. • Parts of the building could be adapted to profes- sional use, or to a home business of a quiet nature. But over time, this would likely present greater problems to the City than simply granting a variance! Conditional Use Permit for a duplex. • Though given informal and formal opportunity to do so, no neighbor has voiced an objection to the grant- ing of such a Permit. Upon the basis of the Applicant's :=-peal and these reasons, may I respectfully request that you grant the legal status needed for the most realistic use of my Mother's property -- that of a duplex. All things consider;::', I believe this is the City's wisest and fairest course of action. And, since the unique nature of this property makes it highly unlikely that the problem it presents will simply "fade away," it provides a constructive solution now to what might otherwise be a never-ending and unpleasant situation for all concerned and for years to come. On behalf of the Applican I am sincerely grateful to you and the Council for your foInsideration. cc: Margaret Hjork ituthanne Lance •tful ours, 4yV DON IMORK 10 Rust ane d Jalley, NY 10977 !f d.,t . KONG To: Mayor Butler J A IN 12198 Mark E. Bernhardson, City Administrator Orono Council Members CITY VRONV Or Orono Planning Commission Members f tJ V From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: January 7, 1987 Subject: #1076 Ward Krueger, 205-215 Hollander Road - Sut-division of a Lot Line Rearrangement - Final Resolution - Second Review List of Exhibits Exhibit A - Memo and Exhibits of 11/6/86 Exhibit B - Minutes of Council Meeting of 11/10/86 Exhibit C - Letter to Applicant. 1/6/87 Exhibit D - Notice to Applicant 12/16/86 Exhibit F, - Revised Proposed Resolution Please review the memo and e*%hibits of 11/6/86. This item was tabled by Council on 11/10/86 at the request of the attorney for the Hollander Estate, the fee owner of the property lsee minutes of 11/10/86), until such time that the applicant becomes fee owner of the property. Applicant has stated that he is now or will imminently be fee owner of the property and has requested placement on the January 12th agenda. Staff would recommend approval of the attached resolution for final approval of tl--- lot Line rearrangement only if applicant provides prior to tra January 12th meeting documentation establishing he is the fee owner of the property_ If this documentation is not submitted, we recommend a further tabling. Additionally, staff notes the insertion in the resolution of the condition that applicant must provide documentation of these properties inclusion in the Holly Acres Homeowners Association prior to the City"s filing of the subdivision with the County. City of ORONc.) RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION OF A LOT LINE REARRANf EIMENT FOR WARD KRUEGER I?ILE NO. 1076 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter 'City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision by Ward Krueger (hereinafter "the subdivider") of properties legally described as follows: Dots 3, 4, and 5, Block 1, Holly Acres 2nd Addition, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the City Council has approved the following variances to performance standards of the Zoning Code: Tract 3, Parcels E and F: Variance to Section 10.28, Subdivision 5 (B) to allow a lot width of 165' and frontage only to a private road where 200' of width and frontage on a public road is required. WHEREAS, the subdivider has completed all requirements of the City for metes and bounds subdivision for rivision and combination purposes. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the metes and bounds division of a lot line rearrangement for Ward Krueger as shown on the Certificate of Survey by Gary L. Gabriel dated October loth, 1986 and attached to this resolution as Exhibit A, subject to the following conditions: 1. Upon approval of the subdivision by the City Council of Orono, the owner of Parcels A, B, C, D, E, and F as described in the Certificate of Survey referenced above must apply to the City for legal combination -or tax purposes as follows: A) Parcel. A must be combined with Parcel B. B) Parcel C mu,..t be combined with Parcel D. C) Parcel I:; must be combined with Parc#�,l F. I)-Igr 1 of Cite of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2. The aforesaid division shall not be filed by the City of Orono with the Hennepin County Recorders Office until such time that the applicant provides documentation that the property is included as a participant in the covenants of the Holly Acres Homeowners Association. 3. The aforesaid division as shown on the attached Certificate of Survey sha 11 be f i led by the City of Orono with the Hennepin County Recorder's office on or before July 12, 1987 together with a certified original copy of this resolution. The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, it wi 1 1 be necessary to f i le a new application with the City of Orono for subdivision review. Adopted by the City Council of Orono, Minnesota, this 12th day of January, 1987. ATTEST! Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Page 2 of 2 TO: Mayor Butler Mark Bernhardson, City Administrato; Orono Council Members FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: November 6, 1986 SOBJ: #1076 Ward Krueger, 205 - 215 Hollander. Road - Lot Line Rearrangement - Final Resolution List of Exhibits - P - Memo and Exhibits of 9/10/86 L - Planning Commission Minutes 9/15/86 C - Septic Site Layout D - Copy of Final Lot Line Layour E - Resolution This is a request for a rearrangement of the lot lines between 3 existing 2-acre lots within the Holly Acres 2nd Addition. The apparent purpose of the rearrangement is to make the sites more suitable for construction of single family residences. The southwesterly lot contains an existing residence. The other -wo lots are vacant. Planning Commission reviewed this application on September 15, 1986 and recommended approval subject to a) all lots meeting the 2.0 acre minimum lot size requirement, and b) additional septic testing to find suitable primary and alternate drainfield sites on the easterly parcel. The applicant's surveyor has slightly revised the proposal so that each final lot exceeds the 2.0 acre requirement. The applicant's site evaluator has submitted soil testing verifying that primary and alternate drainfield sites exist on the easterly lot. Previous testing has verified drainfield sites on the two westerly lots. The applicant has met the requirements of the City for a lot line rearrangement. Staff recommends approval per the attached resolution. We would note for the record that residents of Hollander Road have voiced a concern that Mr. Krueger is occupying the residence at 227 Hollander Road without a Certificate of Occupancy. Those neighbors may express their concerns at the Council meeting. Staff has clone final inspections for issuance of the Certificate of Occupancy on that property in February 1986 and July 1986 and we note that Krueger has apparently occupied the residence without the required Certificate of Occupancy. • .L�� �M %err. �o��w�r rt / �' '�6LC 5 • 0 To: Mayor Butler Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Commission Members From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: September 10, 1986 Subject: #1076 Ward Krueger, 205-215 Hollander Road - Lot Line Rearrangement - Public Hearing Zoning District - RR-lB Application - Rearrange interior lot lines of 3 existing 2-acre lots. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Site Plan With Septic Locations Exhibit F - Topography and Septic Locations Pertinent Facts: Lot 3 (215 Hollander - Existing HousE!) - Existing = 2.0 Acres - Proposed to be Tract 3 (E & F') Proposed = 2.047 Acres Lot 4 (205 Hollander - Vacant) Existing = 2.0 Acres - Proposed to be Tract 1 (A & B) Proposed = 1.966 Acres Lot 5 (99 Sixth Avenue North - Vacant) Existing = 2.3 Acres - Proposed to be Tract 2 (C & D) Proposed = 2.267 Acres Discussion: This is a request to rearrange existing lot lines to create lots which are perhaps more usable given the topography of the site. The proposal does not create any new lots. The existing mouse on Tract 3 will not be adversely affected by the proposal. The County has previously granted an access uff County Road 6 for Tract 2. Note from the septic site diagram that Tracts l and 3 will still have tested primary and alternate drainfield sites within their boundaries, but 'tract 2 loses most of its ,previously tested area. Additional testing on Tract 2 will be required before the proposal is brought to the Council. Due to sandy soils found throughout this subdivision, staff does not expect any problems with soils on Tract 2. Zoning File #1076 September 10, 1986 Page 2 Note that Tract 1 is proposed at slightly under 2 acres (1.966 acres or 98.3%). The division was proposed as it is to make use of existing corner pins and to create parallel lot lines on Tract 2. This doe3 mean that Tract 1 technically requires a lot area variance, which is not a common practice, although the density is still 2+ acres for the division. The alternative is to make Tract 1 larger by moving the west line of Tract 2 east about 4 h feet. Measured parallel to County Road 6, Tract 2 will still have a width of just over 2001. Staff would rather see this line moved than to try to gain area from Tract 3 by moving the south line of Tract 1, since this might cause an encroachment on the existing drainfield of Tract 3. Staff Recommendation: Staff recommends approval jubject to moving the writ line of Tract 2 easterly so that Tract 1 will meet the 2.0 acre area standard, and subject to septic testing for Tract 2 be submitted and approved prior to Council review of the application, finding that under these conditions the proposal meets all lot standards of the RR-lB zone. /> At c ,- Z) Gr'7- 3"" c_ n r� CITY OF ORONO SUBDIVISION AP L CATIOlt-VORM -------------------- APPLICANT Name Mailing Address PROPERTY Name OWNER Mailing Address (Attach list if more t Date Rec' dam')-_ By LAV Fee Rec' d , pa Re• J9lo ------------------------------------- Telephone Telephone -------------------------------------------------------------------------- PROPERTY LOCATION Street Address �� o�� 161jP Property Identification No. (P.I.D. Complete Legal Description to be attached to application --------------------------------------------------------------•----------- EXISTING LAND USE Number of Tax Parcels Development Size Acres Dry Land Acres Wet Land Acres Total, all parcels Present Use (check) Resident no. of units U specify) Present Zoning District ----------------------------------------------------------------------------------- PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites: Existing Units New Units Total Units Proposed Gross Density Units per 52 Acres '' S " Square Feet Dr Buildable Minimum Lot maize: QC 2r+_ q y Lend Proposed Use: (check)Residential -------------------- ( MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Application Completed Preliminary Plat information on Certificate of Survey. / 3 Certified Property Owner's list of owners within 350' (this list can be obtained from the Her_nepin County Depar ment of Finance A-603 Government Center 348-3271 Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature Date --------------------------------------------•----------------------------- MINIMUM MATERIAL NECESSARY FOR COMPLETE FINAL PLAT APPLICATION 1. Payment of fees (park fees, filing fee, sewer and water assessments) 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easement„ Covenants, etc. 5. Developers Agreement and acceptable form of security. Certification by Zoning Department that Final Plat Application is complete. Zoning Officials Signature Date =-- ----- eo------------------------------------------------------------ FI3 i� Sketch Pla.i Review (Class I, II & III) $150.00 Preliminary Review (Class I & II Subdivisions) $250.00 Preliminary Review $300.00 plus (Class III and all non-residential) 20.00/lot _ Final Plat Review (Class III) $150.00* *(Plus any legal or engineering charges) -------------------------------------------------------------------------- Applicant has read the above and hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission an( -]Council necessar- process this application and further agrees to pay all additional fogs establi_,hed by ordinance. -------------------------- fir- -----�/----�----?---------------T-------- / / Applicant's Signature, !!. .=?'l-'�4'--.Dat� owner's Signature -, - tom' �'L!_. �!� --+ Date Applicant mu t. have all submittals into f.�e� City offices 5 days before the Planning Commission Meeting. Planninq Commission Meetings are usually held on the third Monday of each month. PUN DATE 08/19/86 ' BATCH 005 38 25-118-23 41 0001 rr PROP ADDR 00300 SIXTH AVE N ' 0::':r-R NAME COUGLAS DAYTON ETAL TAXPAYER DOUSLAS J DAYTON NA1E/ADDP 300 CO RD NO 6 WAYZATA t'ti 55391 33 25-113-23 44 0002 POOP ACDR ff hER NAME ST EDWARDS EPISCL CH TAXPAYER ST EDWARDS EPISCOPAL CHLRt NAME/ADCP P 0 BOX 71 WAYZATA MN 55391 38 25-118-23 44 0008 FROP ADDR 00215 HOLLANDER PD O ti�R NAME HILDUl P HOLLANDER �r TAXPAYER WARD KRUEGER N=!E/ADDR 259 HOLLANDER RD WAYZATA MN 55391 38 36-118-23 11 C012 PROP ADCR 00785 FERNDALE RD N i. OWNER NAME ALLEGRA W PARY.ER TAXPAYER. PAUL L & ALLEGRA W PARKER NAME/ADDR 735 FERNDALE RD N WAYZATA MN 55391 �. PPCP ADDP. ` CWi=R NAME TAXPAYER TOTAL BATCH NAME/ADDR 005 00012 HENNEPIN COUITY PROPERTY I14FOPMATION SYSTEM REPORT NO. PI435411 FROPERTY 0:4NERS LIST Pt GE 10 38 25-118-23 43 0019 '_8 25-118-23 43 0026 00250 HOLLANDER RD 00235 HOLLI':CER RD HILDUR P HOLLANDER D F HILL & M E FILL F TLDUR P HOLLAtOLP ERIAN & MAP.GAVET HILL 250 HOLLANDER RD 235 HOLLANCER RD WAYZATA MN 55391 ORONO t'4 55391 33 25-118-23 44 0005 33 25-118-23 44 0007 !"4 00200 HOLLANDER RD 00225 HOLLANDEP RD ` HILDUR P HOLLANDER HILDUR P HOLLAt'DER HILDUR P HOLLANDER WPPD KRU:CER p 250 HOLLANDER RD 259 HCLLAVO ER RD �. WAYZATA M! 55391 WAYZATA MA 55391 38 25-118-23 44 0009 38 25-113-23 44 C010 00205 HOLLA.NDER RD 0001)9 SIXTH AVE N 4 HILCUR P HOLLANDER HILCUR P HOLLA!;:�ER WAPD KRUEGER WARD KRUEG-=R 259 HOLLANDER RD 259 HOLLANDER FD WAYZATA NN 55391 WAYZATA r4 5S391 38 36-118-23 11 0013 38 36-118-21 11 0014 0n765 FEE -;,--ALE F:) N P& A PARKER. S V& P St::.NECLIt:3 PAUL L PARKER STANLEY V EHA!!ECLit.G 785 N FERNDALE RD 765 NO FERNDALE RD CRONO MH 55391 CRC:,'O Y4 55391 LEGAL DESCRIPTION TRACT 1 Parcel A That part of Lot 4, Block 1, HOLLY ACRES 2ND ADDITION, accord- ing to the recorded plat thereof, lying northerly of a line drawn northwesterly from the southeast corner of said Lot 4 to a point on the northwesterly line of said Lot 4, distant 231.69 feet southwest of the northwest corner thereof. Parcel B That part of Lot 5, Block 1, HOLLY ACRES 2ND ADDITION, accord- ing to the recorded plat thereof, lying westerly of a line drawn southerly from the northwest corner of said Lot 5 to a point on the southwesterly line of said Lot 5, distant 244.07 feet northwest of the southeast corner thereof. Y AREA = 1.966 acres 85,618 Sq. Ft. TRACT 2 Parcel C That part of Lot 5, Block 1, HOLLY ACRES 2ND ADDITION, accord- ing to the recorded plat thereof, lying easterly of a line drawn southerly from the northwest corner of said Lot 5 to a point on the southwesterly line of said Lot 5, distant 244.07 feet northwest of the southeast corner thereof. Parcel D That part of Lot 3, Block 1, HOLLY ACRES 2ND ADDITION, ac_ord- ing to the ^ecorded plat thereof, lying easterly of a line drawn southerly from a point on the northeasterly line of said Lnt 3, distant 244.()7 feet northwest of the northeast corner of said Lot 3, t(, point_ on the south line of said Lot 3, dis- tant 196.94 feet west of the southeast corner iercof. AREA = 2.267 Acres 98,734.08 Sq. Ft. TRACT 3 Parcel E That part of Lot. 3, Block 1, HOLLY ACRES 2ND ADDITION, accord- ing to the recorded plat thereof, lying westerly of a line diawnfrom a point on the northeasterly line of said Lot 3, dis- tant 244.07 feet northwest of the northeast corner of said Lot 3 to a point on the south line of said Lot 3 distant 196.94 feet west of the southeast corner thereof. TRACT 3 Parcel F That part of Lot 4, Block 1, HOLLY ACRES 2ND ADDITION, accord- ing to the recorded plat thereof, lying southerly of a line drawn northwesterly from the southwasc corner of said Lot 4 to a point on the northwesterly line of said Lot 4, distant 231.69 feet southwest of the norti—west corner thereof. AREA = 2.047 Aces 89,674.24 Sq. Ft. MINU,dS OF THE PLANNING COMMISSION MINTING HELD SI:PTuMI3ER 15, 1986 ATTENDANCE 7:30 P.M. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley, Taylor, Goetten, McDonald, and Hanson. Bellows ., :rived at 7 : 45 P.M. Rovegno was absent. The following represented the City staff: Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, and City Recorder Peterson. C'ouncilmember Grabek was also present. #1076 WARD KRUEGER 1-2��215 HOLLANDER ROAD SUBDIVIS.T.ON OF A LOT LINE REARRANGEMENT PUBLIC HEARING 7:30-7:34 The Affidavit of Publication and Certificate of Mailing was noted. Ward Krueger was not present for his matter. Asst. Zoning Administrator Gaffron explained the request to rearrange existing lot lines to create lots which are more useable given the topography of the site. He noted that Tracts 1 and 3 will still have tested primary and alternate drainfield sites within their boundaries, but Tract 2 loses most of its previously tested area recommending that additional testing of Tract 2 be required before the proposal is brought to the Council. Staff also recommends that all three lots meet the 2- acre area standard. 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 subject to staff recommendation: 1) Moving the west line of Tract 2 easterly so that Tract 1 4-;ill meet the 2.0 acre area standard. 2) Scptic testing for tract 2 be submitted and approved prior to Council review. Motion, Ayes 5, Nays 0. (Bellows not present to vote) #1077 INGEBORG CICI 875 WAYZATA BOULEVARD VARIANCE PUBLIC HEARING 7:54-7:56 The Affidavit of Publication and Certificate oT Flailing was noted. Mrs. Ingeborg Ci ci and Christine Ci ci were present, as was applicant's realtor, Mary Weinzierl. Iw. M; o Y Iwu wrx.n ' "!�r.• iw�.Hw ••••• rH~.i w'wwHHw M,. M •.w .'twrr w.H W . lHL 1. I ••• \ •, M• t, �,• HHL ti .M'. rrw 1� TIM , CO i Np... . „ . ... t. '�' ......... ...... ... oQ w11 . r w.• • .�. i•• , f TRACT 1 / ^^•" • / R r•r hw N,,«........... .. . ...... . ^ Z�J uL1 lw .r...•~« ►� � OJ, j •In•, I �' � � -.` 4cy N . •N• w,:. uH, [H w,-, Y . � ^ .. Nw,Y. :: ~� �' TRACT 2 e ...'w.•• uu . cwr ..• p.rH ,. °o- TRACT 3 t'�~','• "'•w \� 1. 6Y�_. J�J r 1♦ •l�' irfgl l �)''yy _ p NHI w ••.Har• •[ !fit•{• L�1 1 LM,• M �M•i• +� •Ot sw-s WIN w •w +a.V.4•-K IIw. • ti •. .weir w wtw. wtt•,I LOT DIVISION AND CONSOLIDATION LOTS 3. 4 AND 5, BLOCK I. HOLLY ACRES 2ND ADDITION SWARD KP,UEGER DATE TIME CITY OF ORONO CALLED IN INSPECTION NOTICE SCHEDULED _ PERMIT NO- — COMPLETED _?-_'�(� W1 j:Z,•D ADDRESS s��C,:5 Vae OWNER CONTR. TELEPHONE NO. _: FOOTING O PLUMBING RI FRAMING ❑ PLUMBING FINAL INSULATION O MECHANICAL WALL BD O WATER HOOKUP FINAL D METER SET/TURN ON _ PROGRESS ❑ SEWER HOOKUP = DEMOL. G SEPTIC INSTALL FIRE PREV J SEPTIC MAINT. WELL TEST PUMP u SITE INSPECTION ❑ EXCAV IGRADINGlFILLING l LAKESHORE/WETLANDS ❑ LICENSING ❑ COMPLAINT Cl FOLLOW-UP ❑ SEPTIC FINAL ❑ FIREPLACE WOOD BURNER t COMMENTS::B? —/� ,�., � ---- Ill �� S�- W e /c I jQQO 1 Ali WORK SATISFACTORY PROCEED PHOTO TAKEN CORRECT WORK & PROCEED i CORRECT WORK. CALL FOR REINSPECTION BEFORE COVERING NCORRECT UNSAFE CONDITION WITHIN HOURS. INSPECTOR WILL RETURN STOP ORDER POSTED CALL INSPECTOR. INSPECTION REOUIRED- CALL TO ARRANGE ACCESS. call for the next inspection 24 hours in advance. Owner/Contr. o 1 spector Lta� 473-7357 White Copy/ Inspector's File Gold Copy/Site Notice eO DATE CITY OF ORONO CALLED IN -2 Jl INSPECTION QTIC SCHEDULED"�� PERMIT NO. `��_ COMPLETED ADDRESS t l OWNER ___ _•tk&XCONTR.�k r J �_� TELEPHONE NO. 1 FOOTING PtUMBINGRI- .1 FRAMING PLUMBING FINAL F •'-=. ,• P INSULATION "' MECHANICAL WALL BD ;': WATER HOOKUP X FINAL "R SET,TURN ON - . i PROGRESS + HOOKUP DEMOL " S.' INSTALL FIRE PREV SEPTIC MAINT WELL -EST PUMP COMMENTS: s LEnL d(ZnuN_A « ji-e jQ, Fe x,(,,^'s 9 0%1N 12�'.10—'_:� ' /AAx Rise st "moot- n , i i SEMI- svM.e n ,.y.n L2#%j0 AT c.eAse G, -'Ae, u/) "-iIQse ^,/v,•,o^ _7ro.1�. WORK SATISFACTORY PROCEED — t7 CORRECT WORK & PROCEED CORRECT WORK FQR REINSPECTION t. ORREC� UN AFE CONDITION WI IN LOUi35 't+"• j Ti:: STOP ORDER POSTED CALL INSPECTOR n INSPECTION REQUIRED. CALL TO ARRANGE ALCES> call for the next inspection 24 hours in advance. Owner/Contr. on site _ Inspectors / c6eT!�___ 473-735% White Copy�!nstvctor's File Gold LoPv So-- '< ' , - MINUTES OF THI: REGULAR ORONO COUNCIL. MEI•:TING IIELD NOVEMBER 10, 1986 01064 CITY Or ORONC CONTINUED It was moved by Councilmember Frahm, seconded by Counc?Imem bef A6,ims, to adopt Resolution #2076 as amended. Motion, "_yes 4, Nays 1. Councilmember Callahan voted nay. 01070 RICHARD RINEIiART* 985 OLD LONG LAKE BOULEVARD VARIANCE RESOLUTION 02077 It was moved by Councilmember Frr.hm, seconded by Councilmember Adams, to adopt Resolution #2077 granting a variance to permit the construction of an attached garage to be located 0.6 feet frori. the side lot line. Motion, Ayes 5, Nays 0. 1141076,/LARD KRUEGER 20'5=215 HOLLANDER ROAD LOT LINE REARRANGEMENT FINAL RESOLUTION Ward Krueger was not present for this matter. City Administrator. Bernhardson explained the request for a lot line rearrangement which would make the building sites in more with the current zoning code. It would require a lot width variance on tract 3 and variance for f-ontage on a public street on tracts 1 & 3, however, staff feels that would be appropriate as they improve on the present subdivision. He noted that Mr. Krueger is not the fee owner of the property involved and asked City Attorney Blatz to address this issue. City Attorney Blatz stated that the variance application requests the owners name and signature. In this case, Mr. Krueger noted that he was the owner of this property, where in fact, the holder of the contract for deed is not the fee owner. She recommended that the actual owner be involved in the proceedings and that the Council not take action on this application at tb4s time. Present for this matter were John Hollander, a representative of the estate, and Mark A. Rurik, attorney for the estate. Mr. Rurik stated that Mr. Krueger ispurportedly purchasing the property pursuant contract for deed, of which two of the lots are currently subject to the contract for deed. Ile noted that Mr. Krueger has defaulted in the balloon payment that was due October 1st, and therefore fee simply ownership is vested in the estate and no'_ in Mr. Krueger at this time. Therefore, he proposed that the Council table this matter at this 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 10, 1986 11076 KRUEGER CONTINUED time noting that Mr. Krueger is still within his period of statutory redemption which expires in January and Krueger may come back to the Council as the fee owner. However, the estate is opposed to the subdivision at this point in time because it is not in their best interest. It was moved by Councilmember Adams, seconded by Councilmember Grabek, to table this application at this time. Motion, Ayes 5, Nays 0. #1078 JOHN MASSOPUST/MACMILLAN 440 SOUTH BROWN ROAD CONDITIONAL USE PERMIT RESOLUTION #2078 Zoning Administrator Mabusth stated that the applicant was unable to be present and requested that the Council act on the application in his absence. It was moved by Councilmember Adams, seconded by Councilmember Frahm, to adopt Resolution #2078 granting a conditional use permit for grading of a pond. Motion, Ayes 5, Nays 0. #1081 GREGORY W. LONG 3359 CRYSTAL BAY ROAD VARIANCE RESOLUTION Pamela J. Long and adjacent neighbor, John E. Kust, were present for this matter. City Administrator Bernhardson explainer the request for a variance to construct a screen porch and deck addition, the majority of which is located in the 0-75' setback zone on a very small lot on Crystal Bay Road. Planning Commission recommended approval finding that the affected neighbor has submitted a letter of non - objection and finding the side of the lot and the layout of the site are justifiable hardships to the property, subject to removal of the existing hardcover in the 0- 75' zone so that there is no net 0-75' hardcover increase above the existing 41.9v level. Mayor Butler noted that this was one of the many difficult small lots on Crystal Bay Road. It was moved by Mayor Butler, seconded by Councilmember Callahan, to adopt the resolution as drafted approving the variance request. Discussion followed. Assistant 7.oninci Administrator Gaffron noted that most of the addition will be constructed over the existing hardcover driveway. V CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Iiox 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 12/16/86 ----------------------------------------------------------------- TO: Ward Krueger COPIES TO: 1J.P. Hollander Estate 225 Hollander Road % ,;ohn Hollander Box 792 200 Hollander Road Wayzata, MN 55391 Wayzata, MN 55391 TYPE OF APPLICATION: XX Subdivision ----------------------------------------------------- DATE OF MEETING: 11/10/86 VOTE: 5 For 0 Against COUNCIL ACTION - MOTION: Council voted to table pending resolution of ownership of the affected properties (see attached minutes of 11/10/86 meeting). The subdivision surveys must be signed by the fee owner as well as the holder of the contract for deed. Please contact zoning staff (473-7357) if you have questions. ------------------------------------------------------------------ XX PRELIMINARY SUBDIVISICN APPROVAL - Applicant must provide all information and/or improvements required for final approval. Contact Zoning Administrator. CE 7Y 5T QDI DNO Post Office liox 660('rytitaI iSay, MI.`x`�Ui*MuniripaI Offirc., Or. the North Shore of Lake Minnetonka January 6, 1987 Ward Krueger 225 Hollander Road Box 792 Wayzata, MN 55391 Re: Proposed Lot Line Rearrangement Dear Mr. Krueger: We have tentatively scheduled your lot line rearrangement for final Council approval on Monday, January 12, 1987; however, *.hat approval will be subject to: 1. Your submittal of a letter from t`ie Hollander E-tate showing that you are now the sole owner of the properties in question. 2. Your submittal of documentation that the properties in question are indeed covered by the Holly Acres Homeowners Association. This documentation would be in the form of a "Dedication of Private Road Easement and Dedication for Maintenance of Same" appearing in the chain of title of each property and listing each property by legal description. We would need this before we can file the rearrangement with the County. You should be able to find these documents, if they exist, in the chain of title of each property. Please call me at 473-7357 if you have any questions. We would need the letter from Hollanders Estate by noon Thursday, January 8, 1987, in order to have your application on the agenda for January 1.2th. Sincerely, Michael 11. Gaffron, Asst Planning & Zoning Administrator MPG/tln BUILDING A ZONING - 473 7157 • ADMINISTRATION A FINANLE - 473-735H • PUBLIC WORK. - 473.7359 ASSMING �1 121987 To: Mary Butler, Mayor Mark L. Bernhardson, City Administrator �;�: �AYA Orono Council Members �/�R�O From: Michael P. Gaffr.on, Asst Planning & Zoning Administrator Date: January 7, 1987 Subject: #1093 P & A Investment (Scott Powell, John Adams), 1380 Sixth Avenue North - Preliminary Subdivision Approval Second Review List of Exhibits Exhibit A - Revised Plat Showing Proposed Future Road Outlot Exhibit B - Staff Sketch: Summary of 4 Access Alternatives Exhibit C - Letter From Neighbor Bohach (to the east) 12/26/86 Exhibit D - Minnehaha Creek Watershed District Letter 12/16/86 Exhibit E - Notice of Council Action (tabling) 12/10/86 Exhibit F - Hennepin County Department of Transportation Letter 12/8/86 Exhibit G - Memo and Exhibits of 12/5/86 Exhibit H - Memo and Exhibits of 11/13/86 Discussion: This item was tabled at Council's December 8th meeting pending further investigation by staff and the developer of the access alternatives. Applicant has discussed the potential for an easterly access with the "Underhill Farms" property owners, whose reaction is unfavorable (letter attached). The developer has submitted a revised preliminary plat drawing showing an outlot for future use as right-of-way, intending to provide a suitabiE: corridor for a future connection betw�.en Tanglewood and Knoll Manor Roads. Staff feels that, there are four access options, listed and described below in order from best to worst from a planning perspective: 1. Removal of Tanglewood Road existing access; reconstruct Tanglewood access 150' +/- easterly to coincide with existing Knoll Manor access drive; Knoll Manor Road becomes a short cul-de-sac off of re -aligned Tanglewood. * ADVANTAGES - 1) Relatively less safe Tanglewood access is removed, and relocated to a safer location; 2) Eliminate-s the second access onto County Road 6; 3) Tanglewood Road gains a degree of privacy and exclusivity due to winding road. Zoning File #1093 January 7, 1987 Page 2 of 4 * DISADVANTAGES - 1) Requires major road construction work where no road/driveway now exists; 2) Tanglewood residents oppose changing their roadway at all; 3) Requires odd, lengthy driveway for Art Nelson lot and residence. * ISSUES - 1) Tanglewood Homeowners Association opposition vs City/County right to require safest access; 2) Who bears the cost of construction; 3) Timing of construction on new plat vs road changeover; 4) Division/combination of maintenance responsibilities. 2. Knol l Manor plat road moved to east end of new plat - Underhill residents' existing access could be removed and relocated to new plat road abutting County Road 6, or could include back Underhill lot in replat and use existing Underhill access for new roads - either easterly site is OK for sight distance. * ADVANTAGES - 1) Either easterly site gives good sight distance; 2) Eliminates an access 150' from Tanglewood Road access, making Tanglewood slightly safer. * DISADVANTAGES - 1) Does require creation of a new corridor for plat road, with much new road construction, may hE ve to rework proposed lot lines; 2) Underhill residents oppose any change to their existing driveway; 3) Does not eliminate or increase relative safety of existing Tanglewood access. * ISSUES 1) Underhill opposition vs City/County right to require safest access - unclear 4rhich change [Recommendation 1 or Recommendation 2] the Citf has more right to require, given Tanglewood private road status vs Underhill private driveway status; 2) Who bears cost of constructing the changes, 3) Timing of construction on new plat road changeover. 3. Tanglewood Road remains, Knoll Manor accesses directly onto Tanglewood at a point 150-300' from County Road 6; old Knoll Manor driveway is removed. * ADVANTAGES - 1) Relatively short connection from Knoll Manor to Tanglewood Road - perhaps equivalent construction costs as Recommendation 1; 2) Eliminates the additional County Road 6 access near Tang l evood ; 3 ) Art Nelson driveway(s) can be shorter. * DISADVANTAGES - 1) Tanglewood's relatively unsafe access has more intense us than currently; 2) Opposition of Tanglewood Homeowners Association resicents to any change that puts more traffic on their road. Zoning File #1093 January 7, 1987 Page 3 of 4 * ISSUES - 1) Tanglewood Homeowners Association opposition vs City/County right to require safest access; 2) Required upgrading of Tanglewood Road or portions of it? 3) Who bears cost of construction? 4) Maintenance responsiblity; 5) Timing on changeover. 4. Allow both roads to exist for now, create an outlot to maintain capability to combine Tanglewood and Knoll Manor at some future date. * ADVANTAGES - 1) May minimize construction costs for developer; 2) Makes use of existing driveway bese work; 3) No disruption for Tanglewood or Underhill residents. * DISADVANTAGES - 1) Maintains status quo, but makes Tanglewood access (slightly) less safe due to new traffic entering and exiting near it. Does not create a better situation for now. 2) Does not a ldress the issue of who will pay for changeover if it is ever made, but puts City in poorer position to have current developer or private parties share in major portion of cost. * ISSU;.S - 1 ) At what level of traffic f low on County Road 6 does :'!ty/County or private parties force connection to be made? 2 ) Who wi 1. 1 pay at that time? 3 ) Does City meet its obligation to ie�idents by allowing this subdivision w4 -hout deciding the issues now? RATIONAJ.F FOR RECOMMENDATION 1• The City has the responsibility ' its residents to provide for safe development of the City. The Tai. J ..ewood access was allowed in 1978 given the topography and best use of the land, and met the bare minimum safety requirements but not the accepted safety standard. Now we have an opportunity to make the situation safer than it is. Staff met with the developer and with Dave Zetterstrom and Wayne Matsumoto of Hennepin County Highways on December 23, 1986. Discussion revolved around relat.ive safety of 4 potential access sites for the subdivision: Required Absolute Existing Safety Applicable Sight Distance Minimum Standard _Access Tanglewood _ 600'+ ^550' 850' Knoll Manor 8501+ 550' 850' East Plat 850'+ 550' 850' Underhill Driveway H501+ 1,150, 850' Zoning File #1093 January 7, 1987 Page 4 of 4 Of the 4 access sites reviewed, Tanglewood's existing access is the poorest, in that looking eastward, sight distance barely meets the absolute safety minimum for the 55-MPFI road, and does not meet the 850' applicable standard. Any of the other locations would be very acceptable in both directions. Tanglewood is not extremely unsafe under the existing traffic conditions on County Road 6, but would potentially be unsafe at some undefined level above the existing 4,000 vehicle per day traffic level. on County Road 6. According to Zetterstrom, the Hennepin County Department of Transportation would generaly start to look at limiting access when County Road 6 reached 5,000 vehicles per day. Tanglewood access relocation further east, within the Knoll Manor plat provides an access location for all Tanglewood and Knoll Manor residences that will meet the accepted safety standards. Furthermore, staff contends that the revised access will not increase extraneous traffic on Tanglewood Road but may decrease it, by providing a logical turn -around point where Knoll Manor intersects it (this is assuming the extraneous traffic consists of people who are lost, riot sight- seers). Also, Tanglewood will be a curvilinear road rather than straight, again a factor in giving the road exclusivity and a greater degree of privacy. Knoll Manor residents will have no need to travel past their own road intersection, hence traffic would not be likely to increase. The Knoll Manor and Tanglewood residents have the ability to post this as a private road. It would seem wise from a planning standpoint to close the existing relatively lcsc safe Tanglewood access given that better alternatives exist, however, because this is a private road, the Hennepin County Highway Department wili not force the change to occur until such time that traffic levels on County Road 6 increase to a point where the Tanglewood access is a hazard. If the City wants to force the change to occur now, the County has stated they wil L support the City's position. Staff Recommendation: While there may be an issue as to whether the City his the complete authority require the Tanglewood homeowners or the Underhill. property ers to accept the change ;n access location, from a planning persF tive, staff recommends Alternative 1 be adopted as the required access connection if Council feels it is appropriate to make the access change at this time with the currently proposed developement. If Counci 1 determines that no change is warranted at this time, Option 4 with the out lot for future access relocation would be appropriate. under this option, we would recommend that a condition of subdivision approval be the preservation of the City's right to specifically assess the 4 Knoll Manor lots for any future access changes that are required. Given a suitable resolution of the access staff world recommend preliminary approval of this subdivisior, w_t` a formal resolution of preliminary subdivision approval to be presented at your next meeting. 4mww .......... fo" - 0 a V, CUD - IS, 00 ----------- D90JEWAY 'i i r � �� =_•�. �,� `♦ �``.,\ �`. /�. .r. It '1 1 � 1'1 ; � t 1 fir/ i �/ �. i� �` J • • "X \ ``\ ���' .n• 1 \ t 1 \ � / / /f �y'y4�- (�� � / \ \ �. wr. 1) ^r =,".�a..r N...... It j 1 1 � 1 ♦v�/ // / � � ,1r�•wq •`♦.v �''--\ /'�- / ��.` ..••^• i ; ; i� ,/ j n�N�+.ur.rl awr+.� - - f 1 rw..+n• . t 1 1 r ;\�----'iwr' % _-; _I '113 `\` �♦ t i I It •1 (�•�-�) ••fn. _'� l, A Ft Z �'rr+ Al y{ 1 . -CouN,v ; tlms>trt.an,nf - 7� f -._ .•..Y N • _ - •iL. l 1 � r tO w IS46011, TO PRELIMINARY PLAT KNOLL MANOR 1-914-tn /un. JOHN ADAh1S L4Ttol" WALLACE E. BOHACH 1330 County Road No. 6 Long I.-ke, Minnesota 55356 Phone (612) 476-2746 26 December, 1986 Mr. .John Adams 2095 Webber Hills Road Wayzata, MN 55391 Dear Mr. Adams: Together with our neighbor, John Sheehan, we have considered your proposal that we grant an easement over our private drive And allow the construction of a private road to serve your development, Knoll Manor. We have deliberated over this proposal with a spirit of cooperation, but have nevertheless come to the conclusion that granting the easemen+-. is not in our best interest, the city's or yours. We must deny your request. We are anxious to preserve the character of the entrance to our homes. A new road 24 feet wide would change the char- acter of our land markedly. We would lose some of our pri- vacy as well. The character of our homes and the privacy that we. enjoy are good and valid reasons, along with shelter, that we have chosen to live hera. Your original proposal to the city makes sense. The use of the existing drive onto the property is economical for you and has no effect on your neighbors. Your other proposal, to enter the development via Tanglewood Road, is also economical for you, while being of no real consequence to the residents and owners of Tanglewood Road. There are more economical ways for you to provide access to your development, and those same ways do notning to intrude on your neighbors. An easement over our drive, or any com- bination of drives with us and Knoll Manor would be very costly for you, and leave us with an intrusive presence that has changed, for the worse, our homesites. Since it is un- necessary, it is truly an imposition to even consider it. I hope that you will be able to reason with the city planners and convince them of the good sense of using the present drive or entering Knoll Manor via Tanglewood Road. Sincerely,yours, i Wallace E. Bohach Susan S. Bohach cc: John Sheehan ED OAS LAKE MINNETONKA P.O. Box 387, Wayzata, Minnesota 55391 BOARD OF MANAGERS: David H. Cochran. Res - Albert L Lehman - John E. Thomas Camille 0. Andre - James R. Spensley - Richard R. Miller - Michael R. Carroll December 16, 1986 Mr. Michael Graffron City of Orono Box 66 Crystal Bay, MN 55323 Re: Comments on the Preliminary Plat #1093 "Manor Knoll", 1380 Sixth Avenue North, City of Orono Dear Mr Graffron: MIN#4, 4*4 l DECp3� We have reviewed the information you forwarded concerning the above referenced proposed subdivision located at the northeast quadrant of County Road 6 and Tanglewood Road in the City of Orono. The development appears feasible and will require apermit review and approval by the Board of Managers of the Minnehaha Creek Watershed District. Some of the District's concerns for developments of this type include: 1. The quality of stormwater runoff leaving the site after development shall be equivalent to runoff quality for the existing condition. This criteria shall be analyzed and met for runoff producing events with a return frequency of one year. 2. Appropriate erosion control methods must be in place to prevent the transport of sediments off site during and after construction of the road. 3. Prompt restoration of any area distrubed by construction must be completed with seed and mulch or sod. 4. It also appears there may be a need for a drainage easement for Lot 2 to accommodate any tributary off -site drainage. The aerial photograph seems to indicate an existing drainage swale across the property which passes through the designated wetland. Thank you for the opportunity to comment feel free to contact me at 473-4224. Sincerely, EUGENE A. HICKOK AND ASSOCIATES Engineers for the District Julie Johnson, Engineer If you have any questions, please cc: Hoard G. Macomber J. Adams, Edina Realty APPLICATION NO. 1093 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 12/10/86 ----------------------------------------------------------------- TO: P & A Investment COPIES: 2095 Webber Hills Road Wayzata, MN 55391 TYPE OF APPLICATION: XX Subdivision ----------------------------- ----------------------- DATE OF MEETING: 12/8/86 VOTE: 5 For 0 Against COUNCIL ACTION - MOTION: Table until January 12, 1987 meeting subject to the following: 1. City Attorney to review City's authority and a0ility to require closing of Tanglewood and connection to Knoll Manor Road. 2. City Engineer to review angle of intersection of 2 private roads and to review possible access between Knoll Manor and Underhill Farms. 3. Applicant to explore possibility of easterly access with Underhill Farms residents. ---------------------------------------------------------------- Deadline Date: January 5, 1987 XX FOR SUBMITTAL of new information to be presented at 1/12/87 meeting. If you desire certified copies of the official Council minutes, they are available from the City Recorder or City Clerk after rev+.ew and approval by the City Council. -T DEPARTMENT OF TRANSPORTATION 320 Washington Av, South HENNEPIN Hopkins, Minnesota 55343-8468 LFL 935-3381 TfY 935-6433 December 8, 1986 Mr. Michael P. Gaff ron Asst. Planning and Zoning Administrator City of Orono P. 0. Box 66 Crystal Bay, MN 55323 Dear Mr. Gaffron: RE: Promised Plat - Knoll Manor CSAH 6, Approximately 830 feet west of Tamarack Drive Section 26, Township 118, Range 23 Hennepin County Plat No.1474 Review and Recoirmndations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, recv.,lre County review of proposed plats abutting County roads. We reviewed the above plat and make the following oomment_: - For future improvements to this segment of CSAH 6, the developer should dedicate any right of way necessary to make the right way a minimum of 50 feet from the center of CSAH 6. - The location of the proposed private street, Knoll Manor Road, is acceptable to Hennepin ChLznty. - Based on discussions with the City of Orono staff, Tanglewood, an existing private street, and Knoll Manor Rd. may be future public streets. If this should occur, Hennepin Cbunty recommends the two streets access CSAH 6 via a common intersection. Kno.1 Manor Road is the best location for the intersection. We recommend that right of way provisions be made at this time to accommodate this future possibility. - Any new access onto a county road requires an approved Hennepin Cb unty entrance permit before beginning any construction. See our Maintenance Division for entran%m permit applications. - All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This inclades, but is not limited to, drainage and utility construction, trail development, and landscaping. See our Maintenance Division for utility permit forms. HENNEPIN COUNTY vn equal opportunity employer M. Ga'_ f ron December 8, 1986 Page 2 - The developer must restore all areas disturbed during construction within Qounty right of way. Please direct any response or questions to Les Weigelt. Sincerely, David W. Schmidt, P.E. Transportation Planning DWS/LEW : mr �1. , .- /, q : O Chi r To: Mary Butler, Mayor Mark E, Bernhardson, City Administrator Orono Council Members From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: December 5, 1986 Subject: #1093 P & A Investment (Scott Powell, John Adams), 1380 Sixth Avenue North - Preliminary Subdivision - Resolution List of Exhibits Exhibit A - Memo & Exhibits of 11/13/86 Exhibit B - Planning Commission Minutes of 11/17/86 Exhibit C - Sketches Regarding 1) Drainageway; 2) Access Options Application - 4-Lot Plat With Private Road: This is a request to subdivide a 9.8 acre parcel on the north side of County Road 6 into 4 building sites each at least 2 acres in area. Please review the memo and exhibits of 11/13/86 for details of the proposal. Note that Planning Commission reviewed this application on 11/17/86 and recommended approval per the staff recommendation, which hinged on resolving 3 issues. ISSUES 1) Status of the "wetland" on Lot 2. This area is designated on the official wetlands maps as a 0.3 acre basin with soil type Hamel Loam. A close look at the air photo base map shows the area was ditched and apparently drained prior to 1970. Per Glenn Cook's letter of 10/9/86, this wetland does not serve a significant purpose in the overall City drainage plan. The basin contains no cattails, arrowhead, or other vegetation types normally associated with a functional wetland. It does have the grasses typical of wet soils found in drainageways, swales and low spots. The total area draining into the basin is about 1.5 acres. If the basin was dammed or dredged to create a more viable wetland/pond, it might have a detrimental affect on the mound drainfield site directly northeast, by raising the water table during wet periods. Staff would recommend that this basin not be considered as a designated wetland but as part of a drainageway to be designated as shown on the attached sketch. Zoning File #1093 December 5, 1986 Page 2 of 3 2. Septic testing for Lots 2 and 4. Staff has reviewed the septic testing for all lots ar..1 finds that both primary and alternate sites are provided. The sites on Lot 4 have been verified as to exact location on the slope, and are acceptable. A third site on Lot 2 has been tested and the original alternate site on Lot 2 has been revised and both are suitable for mound systems. The northeasterly alternate site on Lot 2 is most suitable due to its relatively flat slope, noting that this site would be detrimentally affected if the basin was ever to be dammed to become a pond or wetland, he:,ce no such land alteration would ever be allowed without a careful conditional use permit review. 3. Access to County Road 6. Planning Commisson recommended approval for the private roadway as proposed, on the basis that the City apparently has no legal right to force the Tanglewood Homeowners to allow a connection to their private roa,1. The Tanglewood Homeowners object to the connection. In subsequent discussions with Hennepin County, the County has stated that tht y would approve this new road access for. P & A Investments on a temporary basis, with the long-term goal of having one access serving both "Knoll Manor" nd Tanglewood. On 12/5/86, Dave Zetterstrom of Hennepin County Departm_ t of Transportation verified that due to sight distance and topography, the Knoll Manor location is a better access than Tanglewood. Staff would present 4 access options for Council to consider: a) Approve the proposal as -is with no consideration for a future shared road entrance. b) Accept the developer's cuggesti.on to create a widened private road outlot abutting Tanglewood to pi o.'ide space for a future access road link connecting one road to th` ctner, but not stipulating when or how that connection wi 11 occur, or ','io wi l l be financially responsible for the connection. c) Create an outlot connecting Tanglewood Road to Knoll Manor Road, requiring that the Tanglewood access be closed and the link constructed at P & A's expense because their development is making the Tanglewood access less safe. d) Create an outlot connecting Knoll Manor to Tanglewood, removing the existing driveway at 1380 County Road 6. P & A would again be expected to bear the costs. This proposal has been re;ected by the Tanglewood people who do not want more traffic on their road. Staff recommends, from a planning standpoint, that Option C is the most appropriate, realizinu that there may be much resistance from the Tanglewood homeowners and realizing there would be additional up -front costs to P & A. Zoning File #1093 December. 5, 1986 Page 3 of 3 Additional. Discussion: City Engineer, Glenn Cook, has reviewed the proposed plan and finds no additional drainage concerns. The proposed drainage and utilities easements along lot lines in addition to the drainage easement on Lot 2 will serve the subdivision satisfactorily. No unusual drainage on to adju.:ent properties is anticipated. The road will be subject to private road standards with the appropriate developer's agreement and security for its construction. Staff Recommendation: If the issue of the road access can be suitably resolved, staff recommends preliminary plat approval, finding that all lots are suitable as unsewered building sites. We would note the standard "private road" frontage variance applies to Lots 1, 2, and 3, and that Lot 2 requires a width variance based on the definition of lot width measurement. The barn on Lot 3 would be removed as a condition of f ina 1 approval. Staff requests Council direction regarding the access issue, and will draft a resolution with the appropriate requirements and conditions for preliminary plat approval if council so directs. MINUTES OF THE PI.ANNING COMMJ SSION MEETING IIN:LD NOVEMBER 17, 1986 01090 HOLLANDER CONTJNUI:D Planning Commission Comments - Bellows stated that she felt the Planning Comtission should not act on this app 1 ica on until clean-up of property is done and original subdivision conditions are complied with. She visited the :rite and felt the buildings are in a state of disrepair and that the rental house unit is not consistent with the other properties as they have been developed. Goetten stated that she has with Bellows comments. She property lacks the required guest house. seen the property and agrees noted that the rental house area tc, approve the use of a Hanson agreed that the original subdivision conditions should be complied with. It was moved by Taylor, seconded by Bellows, to table this application and continue the public hearing pending resolut-io.z of the outstanding issues. Motion, Ayes 5, Nays 0. Mr. Hollander noted that he has recently put money into the clean-up of his property and that his mother never intended that his house be razed. Mr. Weinstein disputed Mr. Hollander's statement and asked the Planning Commission to inspect the property to make their own determination of the property's condition. Goetten asked staff to consider the possibility of moving the lot line a few feet in order to avoid the necessity of a lot width variance on Lot 1. 01093 P & A INVESTYXNT i3iji) SIXTH AVENUE NORTH SUBDIViSTON PUBLIC HEARING 8:15 - 8:38 The Affidavit of Publication and Certificate of Mailing was rioted . Applicants John Adams and Scott Powell were present for this matter. Assistent Zoning Administrator Gaffron explained the request to subdivide a parcel of land into 4 lots. All four proposed lots meat the 2 acre minimum dry buildable requirement; have adequate building envelopes, have been tented for drainfie.ld sites (hut. not app oved by staff). Issues of concern are as follows: 4 / 1 1 MINUTES OF THE PLANNING COMPASSION MEETING HELD NOVE•'MBER 17, 1986 01093 P G A INVESTMENT CONTINUIiD 1. Designated wetland on Lot 2 which has been drained for many years. 2. Access location. Hennepin County has verbally approved access to County Rd. 6, although tying into Tanglewood Rd. would be preferable to City and applicants. The Tanglewood Homeowners have refused applicants' request to access onto Tanglewood Rd. City Attorney is reviewi.-q this matter to determine whether the City can for( the Association to allow additional use of the road. 3. Staff finds no pressing need to provide for future access to the north or east. 4. Barn on proposed Lot 3 would end up within the front yard setback area, staff recommends removal of this structure. t;r. Adams stated that they would be w: i 1 1 ing to move barn and incur the additional costs of determining *he wetland status. Pete Rennebohm, 1`20 Tanglewood Rd., stated that he finds no problem with the proposed subdivision but has concerns regarding the drainage pattern from the wetland. :'assistant Zoning Administrator Gaffron stated that the City Engineer will be asked to address Mr. Rennebohm`s concern before Council review. City would prefer not to have an additional access on County Rd. 6, but this decision is up to the County. h, -- n asked why the Tanglewood homeowners are opposed to 'owiny ac-7ess onto Tanglewood Rd., noting concern about accesses onto County Road 6. Mr. Renne. speaking for himself, woul.d like to maintain the w traffic density for which he purchased his property. No one was presen, from the public regarding this matter and the public hearing was closed. It was moved by Goetten, seconded by Chairman Kelley, tc reL.ommend approval of the preliminary plat as presented subject to staff recommendation. motion, Ayes 5, Nays 0. r/ /sIl , 'L - - - �. 1 o sal \ _ C9 \ I, s roley 1 ss$°//b�, -v., 0 ?00 ,,.2F5499 C 5 :a75 ' 4 Kes - G1tr OF ORONO Vic. .•,/ � �, lol .101 wo, U it P rD N O � . �. •1: ti 9Q 4J v Iv 5C Ix tee! '. I7) :t •�/'��_ r % /� • i t Cl) NB'O4S L 1-6 ot C.�� » :.. ! ,� ''.: C iSS r L,..22 .: •e3 57 n11-'yi � ,• p�. �': �' ,���.�_" - :•—se2eM't0" 750.10 9c_—i_--__--—_----— __ . jud OP7-70 •a., tie ,t� .., -_ _ . 7 19 0 1 l• s 4 09 C- 5 : 9 75 •" ... _ � '4 74 4- - -- t CITY OF ORONO t` _ o . atLl e.; 110. -o 1 O' �. _ �< 31 s` v 30o i FA3.1 / e130 ;. �S _ `� � � 1 ,s5 s I • � � f Y 1, ,o'r.a7'na'ij' �`2UL[ D�2•A0, 6- b 164 -� l `,'_ � .. , _ .. _ - • _ f _ - 3 �3 �y .31�5.. ' i2t4! G � gel=l7•:4:w•f - - , - Go- - - ,:' °`" •• rr's- .i, s•N'p' .750.r0 er.11T9 �_,i_ - ..3z.p�;,� 11 A LIJ CD - F lz 56 7 ''zip 'NCF. 0. Co- 'vo c tills- -0 W. ... lz ALBEE'S LONG L A j`,-\E ADD. .;.Ai WVW .z v 750. S T7 6111 CO &I V-%-er-4b � ON � - L-1 302 (Loy, C 5 :975 t. e0n) Qv. 13 C 0 CITY OF ORONO ,or C260 II, 1 1-0 (7-17) Y,F,7"-Iz r 77 1 U N D "R HiL• F A R Ni 144 2 �t7 ------------ i� Flk I law •1 1 1 \ j 1 •iyq `� ✓ ,1 '\ � !' 1 '� � / / •I�MI •i• M.••YI .YLHq •, t ♦ � i N� 1 1 ` .)�/ , My n./. l 1 • \ .,, � 1'� ] � , ' f' '� i -; W -' ` r . JN ' ' - ` •' Y�r. Mlr..ywn u.1p ...tu (�� 1, 1, ••` ! 1 r { \ •1 \ ` '' � •�� \.. e Irk i I�l 1 , l •7etwNn.:.. 1 Y! 4-1� s ...... , ; N, 1 1 1 IJ i 1 ` - — _------- — •- vowo- _ ... - d '� a ,' \. r 1 � . F `'��:.� :� ✓ .. � �..' tj � To: Mary Butler, Mayo: - Mark E. Bernhardsor., City Administrator Orono Council Members Orono Planning Commiosion Members From: Michael P. Gaffron, Asst Planning h Zoning Administrator Date: November 13, 1986 Subject: #1093 P & A Investment (Scott Powell, John Adams), 1380 Sixth Avenue North - Preliminary Subdivision - Public Hearing Zoning District - RR-1B, 2 Acre Rural Residential Application - 4-Lot Plat of Residential Property List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Preliminary Schemes Considered by Developer Exhibit E - Letters From Tanglewood Homeowners, Peter & Shari Rernebohm, Regarding Access to Tanglewood Road Exhibit F - Letter From Glenn Cook Regarding Wetland Exhibit G - Designated Wetland Airphoto Exhibit H - Septic Overview Exhibit I - Preliminary Plat Pertinent Facts: Proposed Lot 1: 2.44 acres dry, no wetlands; existing house Proposed Lot 2: 2.57 acres total, designated wetland of approximately 0.3 acres, 2.27 acres dry Proposed Lot 3: 2.003 acres dry, no wetlands Proposed Lot 4: 2.036 acres dry, no wetlands - Lots 1, 2, and 3 require standard variance for frontage on a private road. Lot 4 has the required 200' width on public road, but will access from the private road outlot. Proposal includes private plat road with cul-de-sac, over existing driveway (see "issues" below). - All lots have been tested for drainfield sites - (see Exhibit H). However, staff has problems with the proposed sites on Lot 2, and has questions (but maybe not problems) with the sites on Lot 4. These items must be resolved prior to Council's preliminary subdivision review. - All lots have adequate building envelopes. Zoning File #1093 November 13, 1986 Page 2 of 4 Issues: I. Designated Wetland on Lot 2 Exhibit G shows that the basin within Lot 2 is a 0.3 acre designated wetland. The wetland basin has been drained since prior to 1971 when the airphotos were taken. From the topography on your preliminary plat, you can see the channel that has been dug by a former property owner to "dry up" this basin. The basin does not appear to hold any substantial amount of water. Please see Exhibit F, Glenn Cooks letter regarding this wetland. Its designation or non - designation could become a critical issue because alternative drain - field sites might be located relatively near its boundaries, if it is guaranteed to stay as a drained basin. On the other hand, if the City were to determine that it is a critical wetland basin and should be modified to hold water again, this might negate any nearby drainfield sites. It would be unusual, if not precendent-setting, for the City t "un-designate" an entire wetland basin. In this case, however, since it has apparently been drained since before it was designated in 1975, perhaps it can be abandoned. This _s an item for discussion. II. Access Location The private road access to County Road 6 over the existing driveway aas been verbally approved by Hennepin County, although it is obvious that tying into Tanglewood Road would be preferable from a long-term safety standpoint. The Tanglewood homeowners have apparently refused applicants' request to access onto Tanglewood (see Exhibit E). Although the original Tanglewood subdivision involved the granting of a Road & Utilities Easement to the City, it is questionable whether the City has the right to force the Tanglewood homeowners to allow another private road accessing to Tanglewood Road, unless the City takes over maintenance of a portion or all of Tanglewood Road. The City Attorney has been asked to give an opinion on this. III. Future Access to North or Fast The 11-acre pripert.y directly north of subject property has direct acess to Tamarack Drive. Given that: the property to the east is already developed, staff sees no pressing need to provide for future access to the north or east. This could be an item for discussion. Zoning File 41093 November 13, 1986 Page 3 of 4 IV. Barn on Lot 3 The barn/garage structure on Lot 3 will end up within the front yard setback area for Lot 3. Given that it would become a non- conforming structure, staff recommends that a condition of approval be the removal of this structure. General Discussion - Road Outlot Presuming that access to Tanglewood does not become an option, the new road out?.ot will be owned in common by the 4 benefitted property owners. The following road design s_andards apply: a) Right of way = 50 feet b) Minimum paved width = 24' c) Section - 8" Class 5, 100% crushed 3" 2341 Bituminious surface d) Design speed - for 30 MPH Vertical control - maximum gradient = 12% Horizontal control - minimum radius = 275' The City will ask for underlying Road & Utility Easement of the road outlot. The City wi";i also ask for execution of private maintenance agreement and covenants for sharing in the costs of the maintenance and upkeep of the private road by all 4 residents. Staff Recommendation: To recommend approval of the preliminary plat application by P & A Investments finding that all standards of the RR-lB Rural Residential Zoning District have been satisfied, subject to the following items to be resolved prior to Council preliminary plat approval: 1. Resolution of issue of dedicated wetland on Lot 2 - (Planning Commission should make a recommendation to Council). 2. Based on wetland issue resolution, new drainfield sites for Lot 2 must be tested and approved by City staff. Drainfield sites on Lot 4 to be confirmed by staff. 3. Access to Tanglewood :rust be further pursued by staff. The conditions of preliminary plat approval are as follows: 1. Payment of $600.00 Park Fee ($200.00 for each new lot). 2. The City will ask for underlying Road & Utility Easements over the road outlot, and maintenance covenants for upkeep and maintenance of private read. Zoning File #1093 November 13, 1986 Page 4 of 4 3. The barn on Lot 3 shall be removed within 6 months of final plat approval. 4. Subject to Developer's Agreement and security for road improvements. 5. Subject to City Engineer's review of road plans yet to be submitted. 6. Subject to written approval of County Road 6 access by Hennepin County Department of Transportation. 7. Subject to private covenants, etc. B. Subject to standard Drainage & Utility Easements, Road & Utility Easement, Wetlands Conservation & Flowage Easement if deemed appropriate, all to be shown on the plat. Date Rec' d Al ,� f By 11 �- Fee Rec d 34,(7 7T44 CITY OF ORONO SUBDIVISION APPLICATION FORM _ _ ___ -------------- - ---------------------------------- APPLICANT Name �-� /�i�(JP.s �- P�!_ Telephone Mailing Address 9S—ale- ---6 + S �_(a5z PROPERTY Name r��j �i ICI S "mi l! IOUIel/ Telephone 4�S-Z q %l OWNER --' Mailing Address (Attach list if more than one) ---------------------------------------------------------------------------- PROPER`I'Y LOCATION Street Address J� '- /Y d • 6 / r Property Identification No. (P.I.D. /3 lS Q 6O Complete Legal Description to be attached to application ------------------------------------------------------------------------- EXISTING LAND USE Number of Tax Parcels Development Size �. Pr, - nt Use (check) Prt oning District Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify) --------- ------------------------------------------------------------- PROPOSAL Division for Tax Purposes — 1• Lot Line Rearrangement Only (no new building sites) _)�_ Subdivision for New Building Sites Number of Building Sites. Existing Units New Units Total Units Proposr ;ross Density Units per Z•4 Acres Minimum Lot Si zc� : 1. o Square Feet Dry Bui l(:able -- La nd Proposed Use: (check) L/ Residential Other (specify) -------------------------------------------------------------------------- ( OVE:R ) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Application Completed 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owner's list of owners within 350' (this list can be obtained .from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. Certification by Zoning Department that Preliminary complete. Zoning Officials Signature Plat Application is Date -------------------------------------------------------------------------- MINIMUM MATERIAL NECESSARY FOR COMPLETE FINAL PLAT APPLICATION 1. Payment of fees (park fees, filing fee, sewer any, water assessments) 2. Signed certificate of survey or mylar copies of formal ,plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and acceptable form of security. Certification by Zoning Department that Final Plat Application is complete. Zoning Officials Signature Date FEES Sketch Plan Review (Class -, II & III) "50.00 Preliminary Review (Class I & [I Subdivisions) $250.00 Preliminary Review (Class III and all non-residential) $300.00 plus 20.00/lot Final Plat Review (Class II1) $150.00* *(Plus any legal or engineering charges) --------------------------------------------------------------------------- Applicant has read the above and hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance ---------------------- ---------- •- - --------------------------------- Applicant s Signature / /�-- Date /c 6 Owner's Signature _ i _ _ _ y Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are usually held on the third Monday of each month. SEC, 26, 20C 08 C "I Ae, r -N DATE 10/25/86 r, EATCH 1% 38 26-1!8-23 31 0002 Acor C1. ;ER NAME Cl' r-AN N DAYTON TAXPAYER R111.1 GROSS .. EIAJ0^ C/O DUI —AN N DAYTON 412" IDS CENTER M'LS MN 5540Z 33 1-6-1'_8-23 31 0006 -PC,) AD .R 01380 aIXTH A'•E N DiiY:E NAME - TAXPAYE? r...Si BANK GRAND ATT' DID' SW.ANSCN 1^ CRAND AVE ST . -UL MN 55105 36 26-11S-23 32 0008 FF'OP ADDR 01450 TANG LEWCOU RD %44ER NAME ARTH'JR & KATHLEEN NFLSON w•. TAXP AYEP THt;R NELSO4 NAMEi -:;^.R 0 TeNGLE�4000 RD :G LAKE tAl 55356 A 33 Z6-116-23 3 Of' i := An -DR 01550 SIXTH A�_ t NAYE J F AND A M LAb.'RENCE TA,YPAYER JAMES F LA..RENCE NAME:ADCR 1550 6TH AVc N LONG LAKE Mtt 55356 s 33 26-111 1 32 0016 .PC? ADDR ;;1a4ER NAME WAYNE M1Lt AL TA}PAYER TANGLcI,00t1 -PS ASSOC NAtF/ADDR 15LO TANGLE, LONG LAKE MN 3 3A 26-118-23 34 0005 F;CP ADDR .,AZ. GR NAME E W & H S Sf rNC? . 7AX.PAYER EDSCN W & HAR^IET S SPENCER r. tiA.ME/ADDR PO BOX 524 ,"P' S MN 55356 HENNEPIN COUt ROPERTY 1TION SYSTEI! REPORT NO. PI435401 F cRTY OWNEk. 'a[ PAGE 10 38 26-118-23 31 0004 38 26-118-231 V 05 01300 SIXTH AVE N 01380 SIXTH t' JOHN R SHEEHAN ETAL JOHN R SHEEHAN. JOSEPH J L TAL FIRST B GRAtM I 1300-6TH AVE NO ATTt CK SWANSON LONG LAKE t"! 55356 W1 GRAND AVE ST PAUL MN 55105 38 26-118-23 31 0007 38 26-118-23 31 0010 0-ill TAMARACK OR 0133' SIXTH AVE N .� JCislt D:' J W E E LEACH 1 S ::MACH JOHN ALBEt:S WALLACE E & SUSAN CCHACH 1111 TAMARAC;: OR 1330 CWITY RD 6 1C{G LAKE MN 55356 ORONO MH 55356 4 3o 26-11 -23 32 0010 38 26-11&-23 32 CO11--, 01520 T.-iGLEWOOD RD 01530 TANGLEWCOD RD P & S RENNEBOHM S & J WATSON PETER & SHARON RENNEBOHM STEPHEN E & JAN H WATSON 1520 TANGLENOGO RD 1530 TANGLEWCOD ROAD LONG LAKE MN 55356 LONG LAKE hV 55356 L ! 38 26-118-23 32 0014 38 26-118-23 32 0015 =- 01460 TANGLEWOOD RO JEF.RY W BOLTE W r. A MILLER _ JERRY W BOLTE ARTHUR NELSON ' 1460 TANGLEWOOD 1480 COUNTY ROAD 6 OROt;O 11N 55356 LONG LAKE MN 55356 38 26-118-23 33 0029 38 26-118-23 34 0002 01295 SIXTH AVE A WILLIAM R & BARBARA A PEAPrr DOtIALD C DAYTON ETAL WILLIAM & BARBARA PEARCE DONALD C DAYTON PO BOX 9300 4124 I D S CENTER MPLS MN 55440 MPLS MN 55402 TOTAL BATCH 006 00016 0— RUN DATE 10/25/86 HENNEPIN COUNTY PROPERTY INFOPMATION SYSTEA REPORT NO. P1435401 Aw PROPERTY =NERS LIST PASE 10 BATCH 006 38 26-118-23 31 0002 36 26-116-23 31 0004 38 26-118-23 31 805 A, PROP ADDR 01'00 SIXTH AVE N 01300 SIXTH N CA If NAME TAXPAYER DUNCAN N DAYTON RON GROSS JOHtl R SHEEHAN ETAL JOHN R SHEEHAN JOIEPH J L TAL ) FIRST C GRAM � l NAME/ADDR C/0 DUNCAN N DAYTC`l 1300-STH AJE t:0 ATTt Ci: S:lAI1SQN 4122 IDS C':.3`-R l0t:G LAKE M!' 55356 1 GRAtrD AVE MPLS MN 65402 PAUL MN $5105 38 26-118-23 31 0006 38 26-113-23 31 0007 4. Z 38 26-118-23 31 0010 FP:P ADDR 01380 SIXTH AVE N 01111 TAMARACK OR 01330 SIXTH AVE N -. Oit.ER NAME 493tPR—J-tfE- JOHN D A" IRS W E BOHACH & S BOHAC�! TAXPAYER FIRST BANK GRAND ,t`t � ' JOEN ALE., WALLACE E & SUSAN W;IACH N. ME/ALwR ATTN DICK SWANSON 1111 TAM&KALK OR 1330 CO 1 ITY RD 6 1071 GRAND AVE LONG LAKE MN 55356 ORONO tiN 55356 ST PAUL MN 55105 38 26-118-23 32 0008 38 26-118-23 32 0010 38 26-115-23 32 0Cll F'OP ADDR 01450 TANGLE:+OOD RD 01520 TANGLEWCOD RD 01530 TA1lGLE11000 PD C,1NER NAME ARTHUR & KAT'ALFEN NELSON P & S RENNEBOHM S S J WATSON �► TAXPAYER ARTHUR NELSON PETER & SHARON RENNECOHM STEPHEN E & JAN d WAT501: NAME/ADDR 1450 TANSLEWOOD VD 1520 TANGLE11000 RD 1530 TANSLENCW RCt7 LONG LAKE MN 55356 LONG LAKE MN 55356 LON3 LAKE !,A 5535t- 38 26-118-23 32 0013 38 26-118-23 32 0014 38 2F-118-23 32 DO PROP ADDR 01550 SIXTH A`.'E N 01460 TANSLEVOCD F.D O1;NER NAME J F AND A M LAWRENCE JERRY W DOLTE W& A M?LLER TAXPAYER JAMES F LAWRENCE JERRY W EOLTE ARTHUR NELSCIN NAME/ADCR 1550 6TH AVE N 1460 TANGLEWOOD 1480 COU`dTY ROAD 6 LONG LAKE MH 55356 ORONO MN 55356 LONG LAKE rN 55356 AK r 38 26-118-23 32 0016 38 26-118-23 33 0029 38 26-118-23 34 0002 PPOP ADDR 01295 SIXTH AVE N OWNER NAME WAYNE A MTL"FR ET AL WTLLIAM R & BARBARA A PEARCE DONALD C OAYTOH ETAL TAXPAYERt 7ANGLEWOOD `1-24ERS ASSOC •ILLIAM & BARBARA PEARCE r'C"" LO C DAYTO}l NAME: '.520 TANGLEkOL, RD PO BOX 9300 Z D S CF11TER ,ww �.JNG LAKE MN 55356 tiPL.1 MN 55440 ru . _ MN 55402 /% 38 26-118-23 34 0005 PROP ADDR CWNER NAME E W & H S SPENCER TAXPAYER EDSON W & HARRIET S SPENCER TOTAL BATCH 00k, 00016 A NAME/AODR PO BOX 5 MPLS MH 55356 T KI - Sc '2, Go TANGLEWOOD HOMEOWNERS Douglas Watson Haug - new owner Lawrence Nelson �� �' �� ria .,.f �'. r..,•: s�� .alb Re: Proposed Subdivision of Neighboring Lee Property and Road Construction I- has been suggested by John Adams, the Developer, that we meet Sat• ly to discuss this issue. As we have neither the time nor interest to pursue i stter much further, we tEought it best to express feelings and concerns in letter form. 1. We are not in favor of the Adams group building another road off of Targle- wood. 2. On an issue of this nature, we feel it is proper that all owners be in consent prior to giving approval. 3. For some strange reason, Adams disclosed to me the name of his partner, but asked that I keep it confidential (7). 4. I question the accuracy of the map submitted; i..e., Their W. Boundary, our roads E. Boundary. For purposes of reaching individual decisions on this matter, we ask you to answer for yourselves the following: - Are you in favor of effectively doubling the traffic on our road? - Are you prepared to see the road widened to handle additional traffic? - How safe would another entrance be at a point on the road that flows into either the Haug's drive, Nelson's drive? - Are you killing to "open up" what is nc very private, country roadl - Regarding the paving of Tanglewood - the Adams group will participate on , per share basis, to have the road paved, only after all the new houses are built. This could take years, and meanwhile we get all the construction traffir during the interim, is this satisfactory? - How important is it that we be able to add covenants to their building plans? - Who really will benefit by allowing them to use our road? Us? Them? The City of Orono? - How attractive would the new road be, and how many trees rnd foliage would we lose? We are certain you all can pose additional questions of your own; we purchased our property for seclusion, and privacy, and feel strongly that to allow another heavily used road to be cut in, intrudes on the reasons we enjoy living here. We'd be happy to discuss the matter with any of you, and can be reached at work during the day: 424-3450 Best Regards, Pete h Shari Rennebohm i Tanglewood Homeowners Association Tanglewood Road Long Lake, MN 55356 Mr. John Adams 2095 Webbir Hills Road 1Jayzdta, MN 553Q1 10/28/86 re: Your request for permi.;sion to road cut to proposed develop- ment of Lee property. Dear John: As per our phone conversations, this will confirm to you the Tanglewood Homeowners desire not tc allr:. you and your group access from Tanglewood Road. After mailing the attached letter, which by the way was only my opinion on the matter, I received phone calls from all the owners with the exception of the Watsons. The others are unanimous in their desire not to put additional traffic on Tanglewood, regardless of where this cut might be. We cannot see any useful! purpose being served by granting you permission. In retrospect, when we cuilL Tanglewood, we did attempt to deed the rrid to Orono, but they refused to accept, not wanting to maintain the roar' at their expense. As we have borne all expenses to date we f_el within our rights to deny access to what is indeed a private road. If you have any question:, please call. Sincerely, � I r Peter H. Renncbohm Tanglewood Homeowner Bonestroo, Rosene, Anderlik & associates, Inc (yrtoG. Donnrroo, PE. -- -- R,cbrrl W. Rwrne, Ill 0 Jweph C Amdahl. PL B•,dlwd A. Lembrrk, P E 2335 W. Trunk Ni hwa 36 9 y Engineers & Architects Richard E. Turner, PL. James C. U/son. P.E. St. Paul, X N 55113 672-636.4600 October 9, 1986 City of Orono Box 66 Crystal Bay, .N 55323 Attn: Mr. Mike Gaffron Re: File No. 139 John Adams 1380 Co. Rd. 6 Dear Mike, 1 � i• OCT 151986 Gunn R. Cool, P.E. Keith A. Gordon, P.E. /homes C. Nuyes, PE. R,rherd W. !weer, P.E. RobinG. Srhannh4 P.E. Marren L. SwreW, P.E. Donald C. Qar,ardt. P. E. Jerry A. Batrdun, P.E. Mark A. Hanson, P E. Ted K. fwld. P.f.. Mahar! r. Raarrnann, P. E', Robert R. PJrgerle. P.L. thtwd O. Lcskwa, P.E. Thomes W. Peterson. P.E. Mn-hed C. Lym-h, P.E. Karen L. Willis. P.E. Jamrs R. klalaed, P E. Kenneth P. Amhnan, P.E. Keith A. &nhmann, P.E. Mark R. Ral/s, P.E. Robert C. Rassek, A. LA. Thomas s E. Argos, P.E. Sniff L. Yuan,, P.E. C'harks A. Erk um Leo M. pow"y Haden M. Man Susan M. Ebrdm We have reviewed the proposed development for the Adams property along Co. Rd, 6. The property owner is concerned about a designated wetland shown on the City plr,.n. The wetland was drained severa. years ago and does not currently serve a sig- nificant purpose in the overall City drainage plan. The City would have two options in dealing with tr' prob1 : The outlE.t ditch could be filled and the wetland would probably rn to its original condition. The outlet ditch could remain and the wetland designation be removed. The wetland area provides water storage for approximately 1.5 acres. The watershed is at the top of the drainage area and, therefore, the pond provides an insignificant contribution to the overall water quality. The de— nstream marshes ar^ adequate to provide the desired objective of the coml :naive storm sewer plan. If you have any question lease contact this office. Yours very truly, BONESTROO, ROSENE, ANDERI.IK & ASSOCIATES, INC. Glenn P "ook GRC:1i Encl. 8318d 30 Year Annivers ry 4400? 7-77j7OF OROIJC ljHaD2 .Sac. V,4 H -bD Pond I H� L KA 4- 1. 40,f. 2 6250 I P. 1500 00 Ouj4T -4 �' • Ha To: 'zoning File #1093 From: Mic.ha,:? P. Gaf f ron, Asst Planning & Zoning Ail -in- .rator Date: November .3, 1986 Subject: Septic Systems Review Proposed Lot 1 A. Existing System (existing house) was last inspected in August 1986; system appeared to be substandard in size but functional; the house may not. have been occupied at the time. B. Alternate Site tested in area south of house - average perculation 107 MPI, average slope 6-8%, mottling at 18", 27", 30" - site would be suitable for a mound system. Proposed Lot 2 A. Primary Site tested on southwest -facing slope - average perculation 47.4 MPI, average slope 9-18%, rottling 36", 44", 40" site is marginally suitable for a mound, is adjacent to drainage swale - needs additional review B. Alternate Site tested on south -facing slope - average perculat::on 49.3 MPI, average slope 12-20%, mottling at 48", 40", 30" - site is very questionable for a mound given the slopes and proximity to drainageway. Proposed Lot 3 A. Primary Site tested on southwest -facing slope - average perculation 38.9 MPI, a erage slope 10-12%, mottling at 48", 48" - site is suitable for a st•.allow trench system, needs curtain drain. B. Alternate Site tested just downhill from primary - average perculation 49 MPI, average slope 3-4%, mottling at 30", 29" - thin :_t_e is suitable fo,, a mound system. Proposed Lot 4 A. imary Site tested on northeast facing slope near "s e" of lot - unclear between topography and site evaluators no., as to exact location - average perculation 38.3 MPI, average slope 15 -20% apparently, mottling at 48", 47" - site is suitable for shallow trench system if cur' is installed and if site is actually on the slope and not in the saddle area. B. Alternate Site tested northwest. of primary site - average perculation 46.9 MPI, average slope 7-10%, mottling at 41", 42" - sito is suitable for a mound oystem. 4- 10 13 CARSON AND CI.ELLA_' a ATTOT?NF:YS AT LAW BROOKDALE CORPORATE CENTER SUITE 30S 630J SHINGLE CREEK PARKWAY JEffi.EY A.CARSON TELCPHONE MINNEAPOLIS, MINNESOTA 55430 WILL -AM G. CLELLANO (6.?) SDI -2800 Honorable Mayor and Council City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 _STATEMENT ON BEHALF OF THE TANGLE'WOOD HOMEOWNERS BEFORE THE ORONO CITY COUNCIL. DELIVERED ON JANUARY 12, 1987 In 1977 and early 1978 James Lawrence developed Ta -lewood, a rL al residential development in the City of Orono. As part of the subdivision approval, Mr. Lawrence was required to provide access by a private r-ad and was required to obtain permission from Hennepin County for access onto County Road 6. These requirements were embodied in Paragraph 3 of the Resolution approving the preliminary plat: "NOW, THEREFORE, BE IT RESOLVFn. that based upon all of the information presented by the ay `_cant and reports by the City staff, consultants and the i'lannir.g Commission, tre City Council of the City of Orono hereby approves thn preliminary nlat for James Lawarence with the followiny changes and requirements and conditions: 3. Access shall be by a private road developed wit -.in a 50 ft. wide r_:.q',`---of-way with an underlying access easement de4icateu Lo the City and with the location approved by the Hennepin County Public Works Department." Mr. Lawrence received permissio:. _rom Hennepin County in December, 1977, and the 22 inot private road constructed pioviaing access to the lots that :cr( -ubsequently developed. Tanglewood Road has been maintained since its conEtruction L- the homeowners through the Tanglewood Homeowners Association and this maintenance has included graveling, blading when needed, snow rem;•.,, and any other necessary driveway improvements. The homeowners hgN-- ill contributed financially to this maintenance and havc as. '. hr-ougii their Association, that the drive is well maintained and in keeping with the attractive, natural setting that these homeowners enjoy. Theze is presently an application before the City of Orono (Knoll Manor) seeking development of some nine acres imrned?.ately to the east and adjacent to the Tanglewood property. Tlkis application is presented ty Mr. John Adar- and is seekir;, as one alternative, a connection with Tanglewood Road in 'ieu of direct access onto County Road 6. Other suggestions that have been made include joint access with Tanglewood at the intersection of County Road 6; routing Tanglewood through Knoll Manor out onto County Road 6; and providing access to Knoll Manor from the eastern border towards Underhill. The Tanglewood homeowners h:,._ met with Mr. Ad-itis, h re•.iewed the various options, have discussed this matte, ,roughly, and have det'e- 'ned to reject all proposals that imp&ct directly on Tanglewood Road. Specifically, the Tanglewc,,,o .iomeowners object tr ^losing Tanglewood at County Road 6, they object to a . •c'-ion onto Tanglewood f.rc-n t by eas' by Kn ' 1 M ncr, and there is ol., Iec:tion to using Tana 1 -.t or near ' .ic r ; srsecr i of Co.. y Roe as joint entrance by residents -,f 'ianoli-wood d Knc:'. Mano 2- It is perceived by the Tanglewood homeowners that any choice, other than requiri;ig Knoll Manor to access County Road 6 from its eastern borders, adversely affects Tanglewood in terms of traffic congestion, maintenance costs, aesthetics, and property value. ISSUE BEFORE THE CITY COUNCIL CAN THE TA14GLEWOOD1HOMEOWNERS BE REQUIRED TO PERMIT A DRIVEWAY CONNECTION ONmO TANGLEWOOD ROAD FROM DEVELOPMENT IMMEDIATELY TO THE EAS ? For several reasons discussed below, the question above is answered in the negative. The development to the east of Tanglewood, being a pr'vate development, has no independent right of connection with the private road maintained by the Tanglewood Homeowners Association. Any connection would have to be by agreement with the Tanglewood Homeowners Association or through the exercise of eminent domain by the City of Orono. Should the City elect to exercise its eminent domain power by virture of Minn. Stat. §117 et seq, the City would have to consider the following: 1. Is this a public or private purpose? (This issue would not exist but for the private development application before the City Council and it is hard to imagine the City involving itself with Tanglewood Road but for this new, private development.) 2. Who would bear the cost of the development proposal? (The Tanglewood homeowners have already paid for a private road, have maintained the road, and do not wish to participate in any way with new road development.) -3- 3. Who would bear the cost of maintaining the road once it is public? (Should the City exercise its police or eminent domain power and force a connection with Tanglewood, it would be the position of the Tanglewood Homeowners that the City must maintain this road thereafter.) 4. To what standard would any new road be constructed? (This question is answered by City Code and it is believed that a higher standard exists for the service of seven or more homes in Orono. The cost of construction is greater and, again, the Tanglewood homeowners would object to any increased costs, construction or maintenance.) Based on the history of the Tanglewood development, and because the instant application before the City Council is certainly only a private purpose, answers to the above questions and issues would dictate that eminent domain is inappropriate for this case, and for any case where purely private interests are at hand. For many of the above stated reasons, it is ill advised for the City of Orono to force a connection with Tanglewood Road and the development immediately to its east. There is no public interest in this connection, but merely a private interest and one that relates essentially to economics of develop::.,-,nt. Mr. Adams should be required to develop this land in accordance with the now existing City ordinances and regulations. He should be required to seek his own access onto County Road 6 through a -4- private drive that would benefit his development and not act as a deterent or detriment to adjacent property owners. Respectfully submitted, CARSON AND CLELLAND J fr y A. Carson Attorney for the Tanglewood Homeowners Association. JAC:sjs 122986.4 TO: Mayor and City Council K FROM: Mark Bernhardson, City Administratoq- DATE: December 29, 1986 SUBJECT: Existing Council Vacancy bMEMIG J A N 12 t ri1-87 CITY OF ORONO Attachments: A. Letters of Intent B. Sample Letter Requesting Attendance at 1/12/3'1 ISSUE_ - Method of selection of individual to fill the Council seat vacated upon Jim Grabek becoming Mayor. INTRODUCTION - As you are probably aware the City has placed ad3 in the four local newspapers, togQther with sending letters to all Planning and Park Commission members and to all individuals that ran for Council indicating that there would be a vacancy. Attached are the following names of persons who have indicated their interest. Ed Callahan Charles Kelley Gary Printup Edward C. Brown III Thomas Casey Julie Harr en Mariann Ki.enzler Earl Dorn L&Dean McWilliams T'ie staff requested those who indicated interest to be in attendence at 8:00 P.M. this Council meeting. RECOMMENDATION - In light of the fart that their January 26th meeting will probably not be able to be held, due to lack of a quorum, it is proposed that the Council interview these persons at this meeting and that a selection be made at the February 9, 1987 meeting. PROPOSED MOTION - Moved by _ , seconded by _ , having interviewed interested candidates for the position of Council the staff is directed and to direct staff to obtain any additional information desired by Council and place on the February 9, 1987 agenda for a decision. Ayes , Nays GRAY, PLANT, MOO'ITY, MOOTY & BENNE'17, P. N. LAW OI'IJI(TS, .AwoLo o cANr uosa-Ieaai . [.wT w. N•v[w{iocA uswA -i{Tir 3400 CITY CENTER /wANNNM O ONAT AL{[.T .... Vn{. JN. UNNC [ lrANL[t VIROIni• s aCNVe[Ni +RANK W. PLANT, JP. NOCL P. NULLCN THIRTY-THREE SOU"Ill SIXTH STREET UAVID N. COTML O[ONO[ R, w000 JONM W. NOOTv DANI[L N.{NULNAN {i(►N(N w [�D[ '.... N. OL{[N N[LVIN R. Noon NICNA[L w LUNNINDNAN MINN F.APOLIS, MLNNESOTA !'i;i402 JONN O. DIU DI([{{I, Jw. 1[rTw[T D. IICA {N[rrI(LD W[{T CUO[N[ P. DALT N1CNA[L C. 1LON LIMN {. NOLAND NV{{[LL N.{LNN[TT RIC.A.0 A.NOowc,JN. TELEPHONE 612-3-13-2800 DAVID C SANt{ P[t(w T. [CP{TwON CLINTON A {CNNDCOCO {wVG[ AwuO[w [LL[N W. —V[ION [owAwo J. C•u"N•n, JN w1tu.N L.AuuoN TELECUPIER 012.333'0080 Jw.c{ •. c•wwota JAM[{ { $1YON{ON Cll[A{(TN N T[NO Uso. TN•X 910 • S78 - 27T8 D�NO NT[PNATIONAL COU,IP AL w ICMARO N. FL.M' N P. LIVAN JONN [. {rOw[w ►AN[LA NATIO..[ LAUNA J. N[INR ►1.0. {IRA UAIIII Oft C VRTI{ D.fOw{LUND TNOYA{ DAw LINO NINON I.IwAN{ NICNALL A.OL{ON {a.CL O .MUSSING JONN N. MICNOL{ C.- T {ALVC■ON C. {T[VCN WIL{ON NAwrNA A. VAN D[ V[N 0..R IL A. {VRA[ Or ......L JONN {,CwOVCN OAVID N. NOO+T ►[NNt Y.TI{AL wOOCRT L. M[LLANO DAVID +_{[MN{rT w.0... 0 A.NACR[TT MA.C1 A, OUATTL[{AVY OANI[L D. IC"T.CS. JR. I. C. CANPNTCR [DW[ WILL— OCIN .AL CL[ANOM Y DILA[{ 00{LwT A.{TCIN LINOLCT W {MAN{ON {U{AN L. {COAL WILL— J. 116N9N JU011N L. OOWOL[ J OMN W. TMICL JOMN L.RwCNN C-01 N. NA[wl[ {[T{T {.{AA[w DIRECT DIAL 343-2834 December 16, 1986 Mr. Mark Bernhardson City Administrator City of Orono Crystal Bay, MN 55323 Dear Mr. Bernhardson: I am aware that there is a vacancy on the City Council in the City of Orono as a result of Mr. Grabek's election to the position of Mayor. I am now writing this letter to state that I would be interested in that position should the members of the Council choose to elect me to it. Since the City and you are aware of my services on the Planning Commission and on the City Council at present, as well as my background and views on most of the subjects which come before the City, I will not burden you with a repetition of them. However, I do feel that my experience has been such that I would be fully qualified for the position. If you desire further information from me or if a personal interview is necessary or desirable in connection with this appli- cation, I will be more than willing to assist- you in these regards. Thank you for your attention. Very truly ygurs, r �. e Edward J./Callahan, Jr. EJC : cct-�� DEC 17 I kill--- CITY of ORO NO Yost Office Box 669Crystal Bay, Minnesota 553Zie Municipal Offices On the North Shore of Lake Minnetonka December 22, 1986 Mr. Edward Callahan 2545 North Shore Drive Crystal Bay, MN 55323 Dear Ed, Thank you for indicating your interest in the position on City Council. As you may know the Council has directed me to solicit naries of individuals interested. At the Council's January 12 meeting they will further discuss the screening and appointment process. Applications will be taken thru January 6, 1986. If anything further is required, I will be be in contact with you. Merry Christmas and Happy New Year. Sincerely, i �'t`,,ka k Bernhardson City Administrator BUILDING 3 ZONING -- 473.7357 • ADMINISTRATION A FINANCE - 473-7358 • PUBLIC WORKS - 473-7359 ASSESSING Charles M. Kelley 2720 White Oak Circle Long Lake, N[innesota 95336 December 19, 1986 DEC 2 ? I986 Mark Bernhardson City Administrator City of Orono P 0 Box 66 Crystal Ray, ?TN 55323 Dear Mayor -Elect Grabek and City Council: This letter is to let you know of my interest in filling the vacancy on the Orono City Council. Many of you know that I was appointed to the '.ity Planning Commission in November of 1981 and have spent the past year as chairman of that body. I believe I have attained the working knowledge necessary to be an active and participating member of. the CI;y Council. I would be interested in spending some time with each of you to discuss my personal philosophies towards management of. the City. Sinc el , Charles M. Kelley DEC 2 December 19, 1986 Mr. Mark Bernhardson Orono City Administrator 1335 :gown Road South Crystal B- y, 1,'Qd 55323 Dear Mark, It is in the spirit ;:f my concern for trying to make and keep Orono a nica place to live, that I am writing to advise you, and the rawly elected council of my sincere interest in the seat being vacated by our Mayor elect, Jim Grabek. I am looking forward to hearing from you at your earliest convenience, as I really fael that the citizens of Orono are entitled to a prompt resolution of this issue. Orono can then move fol ward with a full compliment of representation. I wish you and your family the beat for the holidaysl Kindest Rega s, 4 Gar M. Print y. up 1261 Briar Street Crystal bay, Ml1 55323 cc: James R. Grabek William J. 5ime J. Diann Gotten Barbara A. Petersoi January 6, 1987 Dear Mayor Grabek and Councilmembers Peterson, Goetten and Sime: Your representation of the residents of Orono begins with challenge and opportunity as well as grave responsibility to those residents. There are many issues at hand that need intelligent interpretation and execution. The manner in which you discharge the duties of your respective offices is critical to the continuing prosperity of our city. One of the first of those duties is to appoint the fifth member among you. I feel strongly that such a member should be a person who is an obvious choice of the voters. But for 49 votes Mr. Gary printup would today be our Mayor and you would not be going through this process. Clearly, Mr. printup should be the fifth member of the Orono City Council, and I urge you to vote for his appointment to that seat. Thank you for your time and consideration. And con- gratulations to each of you for your successful campaigns. Sincerely, Dianne P. Jentilucci Crystal Bay Neighborhood City of Orono (r�:�JIM December 24, 1986 Orono City Council Orono City Hall 1335 South Brown Road Long Lake, Minnesota 55356 To Whom It May Concern: Per your notice in the December 23, 1986 edition of the Pioneer, I am sending this letter to the Council to express my interest in being appointed to the Orono City Council. I have resided in Orono since 1977 and have two children. Ned and Sarah, that have attended the Orono schools since that time. I currently reside at 355 North Stubbs Bay Road in Long Lake. I spent the first ten -ears of my life in St. Paul and then moved to Deephaven before going away to attend college, the Navy, and graduate school, so I am a long time resident of the Twin Cities. My resume is enclosed for your reference. By way of updating it, ;, November, 1984, I was one of the founding members of the First Bank Sy am Merchant Banking Group where I am currently a Managing Director. We are the investment banking subsidiary of First Bank System and our primary respon- sibilities include private placements of debt securities, a merger/acquisition advisory service, appraisals and fairness opinions, and acting as the financial advisor primarily for customers of the Bank. I am also on the Board of Directors of the Ridgedale YMCA. I have a strong interest in preserving the quality of life in Orono and a record of being active in community service. And I will work hard to justify your confidence in me. Sincerely, Z-E Edward C. Brown, III ECB:cg Enclosure PERSONAL Birthdate: April 1945 Married, 2 children Height: 5'11" Weight: 165 EDUCATION Cornell Graduate School of Business/Administration MBA (Finance) with Distinction, 1972. Class Representative on Student -Faculty Committee. 100% self -supported. Yale University - B.S. ( Administrative Sciences) 1967, Varsity Hockey (3 years). Phillips Exeter Academy - 1963, with Honors. EXPERIENCE i9dy� 1981 to 4a—_ * Vice President, Corporate Finance Department, Dain Bosworth, Inc. Responsible for heading up Fixed Income Division as well as generating investment banking revenues in the equity area. 1979 to 1981 Director of Finance, The Toro Company Primarily responsible for all debt financing for both the Toro r,mpany and Toro Credit Company. Other responsi.11ities include directing the corporate lease pi -,gram, cash management profit sharing fund administration, involvement in investor relations and the financial anlysis of varied special projects. 1975 to 1979 Assistant Vice President, Corporate Finance Department, Dain Bosworth, Inc. Responsibilities include development of now clients in Iowa, Southern Minnesota and the Twin Cities, the processing of the public underwriting of J ebt and equity securities, the private placement of debt securities with instit::tional investors and appraisals of the fair market value of closely - held companies. 1973 to 1975 Staff Accountant, Arthur Andersen 6 Co., Certified i'ublic Accountants, Minneapolis, MN. Specialized in -mull business clients in���lv.inn installation of accounting systems, in-ch:+r�je responsibility for complete audits, and tax return preparation and research. Obtained CPA certificate in September 1975. EXrf RIENCE CONT. 1973 Financial Analyst, Zellerbach Paper Co., San Francisco, CA. 1967 to 1971 Lieutenant, U. S. Navy Underwater Demolition Team. Made two tours to Vietnam as platoon commander of an 8-men combat diving/demolition team. Military awards: Presidential unit citation and Letter of Commendation. COMMUNITY SERVICE Treasurer, Trinity Episcopal Church, Excelvior, MN. HOBBIES Instructor, Project Business (Division of Junior Achievement), Bloomington School System. Chairman, Winter Sports Committee, Woodhill Country Club. Management Committee, Five: Fifty -Five Club, Minneapolis, MN. Board of Directors, Opportunities Minnesota Inc. (Small Business Administration Loan Com}anN,). Golf, tennis, downhill skiing, cross country skiing, jogging, hunting, reading W V V VV V YOUR PROTECTION 18 OUR PROFESSION Mr. Mark Bernhardson Orono City Administrator 1335 Brown Road South Crystal Bay, MN 55323 Dear Mark, CASEY AND CASEY, INC. 7700 LOGAN AVE SO • MIN NEAPOLIS MINN jD423 • PHONE ib&'011 January 5, 1987 I would like to express my interest in being considered for the open council position. Enclosed is my resume. Thank you for your time. 14 7'.1C/11 Enclosure Sincerely, Casev OUBINEBe 090 PERSONPL INSURANCE CASUALTY • LIFE FIRE HEALTH MUTUAL FUND Thomas J. Casey 2785 Shadywood Road Excelsior, MN 55331 FAMILY BACKGROUND Married to Sharon Casey 3 Children: Tom (28) Barb (26) Wendy (24) PROFESSIONAL EDUCATION/DEVELOPMENT Society of Certified Insurance Counselors Management and Insurance related courses. Drake University, Des Moines, Iowa Commerical Insurance United States Navy, San Diego, CA Air Traffic Control Minnehaha Academy, Mpls, MN PROFESSIONAL EXPERIENCE Casey & Casey, Inc. (1961 - President) 7700 Logan Av. S. Mpls, MN 55423 3414 Shoreline Drive Navarre, MN 55392 Insurance Agency services Personal & Commerical lines. President Shari Properties (1978 - Present) Property Management Shari's R.V. Rentals (1983 - Present) Motor Home rentals PROFESSIONAL ORGANIZATIONS Independent Insurance Agents Professional insurance Agents of America Lions Club Aircraft Owners & Pilots Association Experimental Aircraft Association COMMUNITY ACTIVITIES MN Amateur Hockey Association Past President COMMUNITY ACTIVITIES MN Hockey Referee Association Bloomington Athletic Association Coach (Football Director) Lutheran Youth Advisor Member - Good Shepherd Lutheran, Navarre PERSONAL INTERESTS Zuhrah Shrine Temple Flyers (Flight Commander) Lafayette Club Golf Racquet Ball Skiing Aviation December 31, 1986 Orono City Council 1335 South Brown Rd. Long Lake, MN 55356 Dear Councilmembers: I am applying for the current Council. Enclosed please find a qualifications and work history. n jAN - 51987 vacancy on the Orono City resume of my professional For the past ten years, I have resided in Orono with my husband and four children. In addition to my career and family commitments, I have been active in community, educational, political, and religious areas. I am past IR chairwoman of Orono Precinct #3, a volunteer at Schumann Elementary School, and an active member of St. George Catholic Church in Long Lake. During the legislative session, I work as an assistant for the Minnesota House of Representatives. My concerns for Orono relate to the development of appropriate areas while retaining the rural complexion of the Orono area. Individual property owner rights need to be respected, but flexibility is necessary and an open mind when •-eviewing variances and ordinances. In my past employment, I have dealt with budgets and financial planning. I have a conservative approach to spending of tax dollars at all levels. My field is vocational psychology so I ain familiar with personr.al policies, job descriptions, salacies, and employment related issues. Orono city council Page Two I plan to be a life-long resident of Orono and I want to be an active part of its future and growth. Your consideration is greatly appreciated. Sincerely, f u pie Harren ,38 5 Bayside Road Long Lake, MN 55356 JH:jr encls. JULIE HARREN 3895 Bayside Road Long Lake, Minnesota 55356 (612) 473-0340 SKILLS/QUALIFICATIONS - Designing, developing, and implementing career development workshops. - Stand up training/workshops. - Marketing. - Providing expert testimony. - Individual and group counseling. PROFESSIONAL EXPERIENCE 1981-Present Self-employed Vocational Consulting Services Vocational Consultant: 3895 Bayside Road Long Lake, MN 55356 1977-1981 - Provide vocational related services for business organizations, vocational firms, and governmer. agencies on a contractual basis. - Individual services include vo,:.,tional analysis, career development counseling, resume writing, job placement, and on-the-job training development. - Group services include group counseling and stand-up training/workshops in the areas of personal and professional development. - Giving testimony in court cases as an expert witness on vocational issues as they relate tr, the job market and job placement. Career Counselor: Division of Vocational Re habilitatiot, 312 Central Avenue NE Minneapolis, MN 55418 Managed a budget of $200,000 used to provide a multitude of services to 100 clients with physical, mental and emotional disabilities. Designed and facilitated a career planning workshop stressing interests, skills and values for clients involved in the career changing process. 1973-1977 Disability Specialist: Social Security Administration Metro Square Building St. Paul, MN 56301 Evaluate claims for social security disability benefits analyzing medical, social and vocational factors to arrive at a decision as prescribed by law. EDUCATION B.S. Sociology, 1972 St. Cloud State University, St. Cloud, MN M.S. Counseling, Psychology, 1977, St. Cloud State University PROFESSIONAL ASSOCIATIONS Minnesota Rehabilitation Counselors Association Minnesota Association for Counseling and Development References available upon request. John Burger District 43A Hennepin County Committees: Labor -Management Relations, Vice Chair Governmental Operations Financial Institutions and Insurance Health and Human Services Labor Standards Advisory Committee Department of Labor and Industry Minnesota Job Skills Partnership Board MEMO TO MEMBERS OF ORONO CITY COUNCIL: Minnesota ]Houl;e of Representatives David M Jenn ngs. Speaker r ', January 1, 1487 .AN - 51987 You have received an application for the 2-year vacancy on the Orono City Council from a neighbor, friend, and associate of mine, Julie Harren. I write this letter to recommend her appointment to that council seat. My acquaintanceship with Mrs. 1-larren goes back about six years. Civer that period I have worked with tier on various neighborhood and political party projects, such as fund-raising, candidate recruiting, constituent service, volunteer training and development, get -out -tile vote ca;npaigns, and the like. When Julic's father, the late state representative Ben Omann, and I were elected to the lefislature in 1982, we became good friends and cooperating colleagues because lie frequently stayed over- night at the Harren home and trvvelcd with ote to and from St. Paul. During legislative sessions Julie -corked for her father in variow capacities. She experienced the legislative prrcess and the elected official's re:.ationship to constituents. I have observed her in coordinating and managing vfirious projects and activities and have been impressed with her effectiveness, judgment, and human relations skills. She has demonstrated her capabilities in her own right also, as IR precinct chairwoman and party volunteer through the years I have known her. Julie is one of a large family of siblings (11) who grew up on a i:arm in Stearns County. Through her educational and community service pursuits there and here, she has acquired excellent insights, decision -making skills, and kein sensitivity to human conditions. She is fiscally conservative, as is her husband, Lee, a Certified Public Accountant. When Ben Omann died shortly after his reelection on November 4, 1986, Julie helped her brother, Bernie, a political science major at St. Cloud State University, run successfully for endorsement and election to their father's seat i.n the legislature. When I first ran for the legislature in 1982 for the seat Bob Searles was vacating, Julie herself gave some thought to becorniny-_ n crndidate for t1:at :eat, though she did not seriously go for it at that time. So, in Julie Harren Orono now has an attractive, young;, experienced mother of four seeking local public office from a family where her father and yoLnger brother have already had or are laving successful careers as elected public officials at the state level. This history and my personal first-hand knowledge of this capable woman's profile lead me to endorse her appointment to the Orono Council. CSpate Represen !.rive 43A fi. I• , , 11 .111 "I'll, ( 0!!- r' R'o".i,• , ',! , ..,, 1".. T"."�.:•-1 , , ..'1hi.r ;612) 296-Pet, 1-3 4' -f) Ili, rt,;,W r n ) �k, F,1 �,. n�+•; c,1 l��r, F4n 11P (6121 473-35`r9 41101111'.• Mariann F. Kienzler 1200 Old Crystal Bay Road S. Orono, Minnesota 55391 476-0628 Mark Bernhardson City Administrator Post Office Box 66 Crystal Bay, Minnesota 55323 Dear Mr. Bernhardson, This letter is written to express my interest in the recently made vacant Orono City Council position. It is because I am greatly interested and actively involved in the community affairs of Orono that I feel the need to become more thoroughly involved with the important decission making aspects of the community. As an Orono Park Commis ion member I had hoped to be able to fullfill an important part of the needs of the community, but after attending several of the City Council meetings I fully realize that it is at the City Council level that most of the major impact is made. There are many aspects in my background that I feel can assist me in becommina an effective Orono City Council member. My background includes: Serving as a volunteer for the United Way Campaign (area fundraiser chairperson), The American Red Cross, Hennepin Count; Humane Society, and The Parent -Teachers Organization. My political involvements include: State level campaigning, running for Precint Committeeperson (in my home town of Illinois). I am a member in the following professional organizations: Association For Women In Science, Society of Microbiologist, and Illinois State Teachers Assoc. I wish the Orono City Council the Best of luck in the comming new year - and I sincerely hone that I can assist in the communities' endeavors. Most respect ly, Mariinn 1'. Kienz'ler- MARIANN F. KIENZLER 1200 Old Crystal Bay Road So. Orono, Minn. 476-0628 EDUCATION: B.A. Biology - Emphasis in Microbial Ecology Illinois State University Normal, Illinois Graduate Research - University of Minnesota Microbiology WORK EXPERIENCE: currently- Molecular Genetics, Inc. Microbiologist - Minnetonka, Minnesota Duties: Develop disease detection procedures for agricultural crops. Research methods for food crop disease prevention. 1985-1986 - Gray Freshwater Biological Inst. Research Assistant - University of Minn. Navarre. Duties: Assist with microbial biotransformation of dangerous chemicals that may have adverse affects on the local environment. 1984-1985 - University of Minnesota Graduate Research Associate - Dept.- Forestry Duties: Implement research projects that pro- mote tree growth and to inhance better Forestry practices. 1979-1984 - United States Department if Agriculture - U.S. Forest Service - St. Paid, Minn Microbiologist - Duties: Design and implement studies that relate to disease effects on conifers. 1976-1977 - McAuley High School - Chicago, Ill. Duties: Taught Sophomore level high school biolog! PROFESSIONAL ORGANIZATIONS: Association For Women In Science Society of Microbiologist Illinois State Teachers Association OTHER: American Red Cross United Way Hennepin County Humane socit.,ty 03 (!�arL 2)opn and .,fJJoc'a>tej REALTOR t REAL ESTATE APPRAISERS • BROKERS January 5, 1987 To Orono City Council 8700 WEST 35TH STREET MINNEAPOLIS, MINNESOTA 5SA26 TELEPHONE 935.2131 I would like to submit my application for the present vacancy on the Orono City council. Following is a summary of my background and qualifications: Resident of Orono since 1968 Orono planning commission member: 1970 Orono council member, acting mayor: 1971-1973 Employment: 1955-1958 Appraiser and subdivision evaluator, Minneapolis office of Federal Housing Administration 1958-present Self employed, real estate appraiser and broker Affilations: Active member, Greater Minneapolis Area Board of Rea:tars Senior member, Society of Real Estate Appraisers Senior member, International Right -of -Way Association Member, United States Trotting Association, Minnesota Harness Racing, Inc. Member, Masonic Lodge, Scottish Rite, Zuhrah Shrine Club I believe I could capably serve and represent the northwesterly sector of the City of Orono. Thank you, Earl Dorn is I TY of ORONO I'"til Office Box fiii*CryslF,l Kay, Minnesota 55a234 Municipal Offices On the North Shure of bake Minnetonka January 6, 1987 Thank you very much for your application that you submitted for the position of City Council. It is requested that you be present for a short interview by the Council in a public forum at 8:00 P.M. on Monday, January 12th. This will be a part of the Council's regular meeting. It is the intent of the Council to interview interested individuals that evening and then make a selection at their February 9, 1987 Council meeting. While 8 o'clock is the "target" to start these, they may not start at precisely at that time and your cooperation is appreciated in advance. Sincerely, 1 I ! Mark Bern (lson City Administrator III"ILDING A ZONING - 473 7337 • ADM INISIRATION A FINANL'U - 473 73Sp • Pt'Ni.l( WORKS 47).7359 A%W SSING 122986.5 y MEETING �"N 121987 TO: Mayor and City Council ' r DATE: Mark Bernhardson, City Administraturr,\'CITY KJ � F ORONO DATE: December 29, 1986 SUBJECT: Planning and Park Commission Vacancies Attachment: A. Letters of Intent ISSUE - Appointment of individuals to fill vacancies on the Planning and Park Commissions. INTRODUCTION - The staff has placed in the four local newspapers together w_ith sending letters regarding the vacancies to Park Commissioners and individuals on the Planning Commission who's appointment is up. Attachment A are the letters of the individuals who have indicated an interest. They are as follows: Planning Commission Curtis Quady James C. Ber& Lee E. Schacht Jeffrey Johnson Edward M. Cohen Gail Livingston Jorja Lynn Carol Moore Trapp Clement F. Birch, Jr. Park Commission Bruce Kokal Ronald C. Anderson Lee Erger There are currently three vacancies on the Planning Commission and two vacancies on the Park Commission with Lee Erger on the Park Commission being the only "incumbent" indicating an interest in re -appointment. Staff requested all those interested in Planning Commmission to il be avaable at 8:30- _and those for Park Commission at 8_45 P.M. RECOMMENDATION_ — It is staff's recommendation that based on resumes and following interviews by the Council that appointments be madeat the February 9, 1987 meeting. PROPOSED MOTION — Moved by , seconded by _, that +he Council make appointments to both the Park �:nd Planning Commissions from the names listed above at its February 9, 1987 meeting. Ayes Nays t-q 001 ut-l'i: ��� Vl�l ol., �,S`5-3'a--31 JAMES C. BERG, CLU 2655 Lydiard Avenue Excelsior, MN 55331 Res: (612) 471-7462 EXPERIENCE 9/82 - Present ROSEMOUNT, INC. Sale/Marketing Training Manager Minneapolis, MN Manage a staff of five (plus nine sales trainees) and a budget of $525,000. Accomplishments: established training department and an annual reporting system of training needs, programs, expenses, and results; conducted selling skills training and key account selling for 265 sales/marketing engineers (selling sensors and control systems to sophisticated, technical buyers), internationally; trained 45 branch managers, internationally; immediate payback of sales training classes averaged $160,000; established broadcast -quality Media Center with a capital investment of $245,000; developed and conducted a formal six-mcnth Sales Trainee Program for new college graduates; participated in customer calls and coached sales trainees in the field; designed cL'stomer training which provides $85,000 annual revenue; managed rational sales meetings. 1/77 - 9/82 HONEYWELL Manager, Sales Training and Advertising Minneapolis, MN Managed a staff of four and a budget of $230,000. Accomplishments: established training departme-t; conducted product and selling skills training for 230 sales representatives (home alarm and business alarm specialist ), internationally; participated in customer calls and coached home alarm specialists in the field; trained 38 branch managers, internationally; established Media Center; managed a national lead -generation program ($1.1 million investment); developed advertising messages and brochures; supervised an employee recognition program, regional sales meetings, and trade shows. 5/76 - 1/77 NORTH AMERICAN LIFE AND CASUALTY COMPANY (NALAC) Manager, Sales Training and Advertising Minneapolis, MN Managed a staff of three and a budget of $135,000. Accomplishments: assisted with the training of brokers on life and health products; participated in customer calls; conducted competitive product studies; supervised advertising programs and developed a myriad of sales aids; designed recognition program; edited company newsletter. JAMES C. BERG, CLU Page Two 8/74 - 5/76 ITT LIFE INSURANCE CORPORATION (ITT LIFE) Manager, Sales Training and Promotion Minneapolis, MN Managed a staff of six and a budget of $265,000. Accomplishments: assisted with the training of General Agents on life and health. products; assisted with customer sales calls; designed a national recruiting program; managed public relation events and a national sales convention; developed a variety of sales aids. 3/69 - 8/74 INVESTORS DIVERSIFIED SERVICES (LD.S.) Supervisor, Sales Training_Minneapolis, MN Managed a staff of two and a budget of $96,000. Accomplishments: sold investment products tnd life insurance to the family market; developed multi -media product/sales training materials; participated in training of District Managers; assisted with new product introductions; provided competitive information on annuity and life products. OTHER EXPERIENCE 2/70 - Present Licensed agent for I.D.S., ITT Life, NALAC, American Family, Special Risks Agency, and two independent agencies; because of reputation, have acted as consultant to Minnesota Association of Personnel Consultants, Anoka Ramsey Community College, and numerous small businesses; instructcr for Minnesota Continuing Education Courses, licensed vocational instructor for the State of Minnesota and adjunct college professor. EDUCATION University of Nebraska at Omaha B.S. Degree in Business Administration (1969) University of Minnesota Chartered Life Underwriter (CLU) Classes (1976) College of St. Thomas Post -graduate work REFERENCES Available upon request CLU JarseBerg, Phone.. (612) 471-7462 2655 lydlurd Ave., Excel�•Ic)r, MN 5:j331 Lee C—. SAaAt 285 Leaf Street Long Lake, Minnesota 55356 Decem1y r 18, 1986 Ms Jeanne Mabusth P. O. Box 66 Crystal Bay, MN 55323 Dear Ms Mabysth: This is in follow-up to our conversation regarding the Orono City Council's request for residents to serve on the City Planning Commission. I would like to participate on the Coymission. I have been a resident of Orono since 1964, at the above address. I am an employed by the Minnesota Department of Health as a Geneticist, and have been with that agency since 1960. I have been involved with governmental planning for a number of years and am interested in both long and short term planning. If you and/or the Council would be interested in additional information I would be happy to provide it. Thank you for your consideration. Sincerel E. Schacht Hong telephone: 473-4939 ,gork telephone: 623-5269 WV--- c�-� °-----, DEC 1 10 �� � December 19, 1986 City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Mayor and City Council Members: I would like to take this opportunity to introduce myself and to request your consisderation for an appointment to the City of Orono Planning Commission. My name is Jeffrey Johnson and I am married with no children, 31 years old, and am currently working for the City of Eden Prairie as an Engineering Technician. My educational background includes graduating from Wayzata High School in 1973, attending the University of Minnesota, and training as a surveyor. I served four years of active duty in the U.S. Navy and worked four years as an engineering technician for the City of Brooklyn Park. As a homeowner in Orono for the past 1 112 years, I Jesire to work with other members of the Plannirg Commission with the common goal of contributing to our community. I feel that the knowledge required witri my current employment could be a contribution in fulfilling that goal. Than: you for your time and consideration and I look forward to meeting with you. Sincer ly, Jeffreyj hnson 3825 Cherry Avenue Orono, MN 55364 471-0084 ij CITY OFFICES / 8950 EOEN PRAIRIE ROAD / EOEN PRAIRIE. MN 55344 2499 / TELEPHONE 16121 937-2262 December 17, 1986 Honorable Mayor and Members of City Council City of Orono I have worked very closely with Jeff Johnson over the last year and the review of over 75 development projects in Eden Prairie. Not only does Jeff have a thorough and detailed knowledge of the requirements for sewer, water, and storm water drainage, but also has an indepth appreciation for Planning. Often we have discussed the merits of whether or not a land use is appropriate in a certain location before the City requirements for infrastructure and other Code requirements are discussed. I believe that Jeff can make a considerable contribution to your community. I feel that he has an understanding of how important community goals and objectives are and the value of neighborhood input in the review process. Ore of JE ''s outstanding characteristics is his ability to rea3on and weigh all of thr factors before finally making a decision. Since most City Planning issues are complex, I believe that it is an asset to have a Comprehensive approach to descision making. I believe that Jeff will have a positive impact upon the City of Orono and would be a contributirg individual as a Commission member in the community. Sincerely, 4k1VJ"AVf 'I - Michael C. Franzen Senior Planner MD F /mh EDWARD M. COHEN, P. A. ATTOONE♦ AT LAW PAnhOALE I, SUITE 200 54o1 G.-OLE DRIVE ST. LOUIS PARK, MINNESOTA 55416 ,612, 546.6300 --------------- January 6, 1987 Mr. Mark Bernhardson uV�---- City Manager City of Orono Box 66 Crystal Bay, MN 55323 Dear Mr. Bernhardson: Thank you for the courtesy of allowing me to make this application in a somewhat untimaly fashion. Very briefly, I am a graduate of Harvdrd College (with honors) 1953, majoring in American History and Literature; of the graduate school of Columbia University (M.B.A.), 1955, majoring in finance and accounting; and lastly a graduate of the Law School of the University of Minnesota (J.D.) 1959. I have been a practicing attorney in the State of Minnesota since 1959, presently officing at the above address and previously maintaining addresses in earlier years at 1300 Shelard Tower, St Louis Park, NN and 954 Midland Bank Building, Minneapolis, M21. As a practicing attorney, I have appeared on many occasions before various planning commissions of many municipalities in the Metropolitan area. I do not specialize in this, but in the course of representing corporations, there have been appearances especially with regard LO the &CL llJlt ic.Cf restaurants an specialized commercial stores. For two years, while President of Oak Ridge Country Club (and on other occasions), I represented that organization before the Minnetonka and Hopkins Planning 'ormissions while property we had sold was rezoned, a developer w-s building adjacent to the Club, and the Club itself was attempting to fence its entire boundary. While not major appearances, I have nevertheless acquired a working knowledge of Planning Commissions, City Councils and their interrelationships and workings, all of which would be of assistance to me if appointed. For many years I was a resident of the City of Golden Valley and participated in community affairs, and further was a member of the Golden Valley School Board for approximately 5 years until Mr. Bernhardson January 6, 1987 Page two the school itself merged with the Hopkins Sc )ol District. I was chosen by my contemporaries on the School Board to be the Golden Valley representative on the merged school board but because I had removed my children from public school and enrolled them in a private school, I did not feel it appropriate to take the position. We have resided in Orono at 519 N. Ferndale Road since 1983 and plan on staying as residents of Orono for an indeffinate period of time. I have always been interested in community affairs anJ participating in the same. I do feel, now that our children are grown, having one in college and the other as a Junior in high school, there is ample time available for me to devote my energies to the ;etterment of our community. I am certainly not knowledgable in the problems facing Orono nor any past difficulties that the Village ray have had (and/or conversely the good things that have happened) but I consider myself a competent person, willing to work and one whose background in legal, business, political and community affairs would enable me to make fair and impartial decisions. I thank you for your consideration. Very truly yours, Edward M. Cohen EMC/ j 1 January 6, 1987 Jeanne Mabusth City of Orono 1335 Brown Road Crystal Bay, Minnesota Dear Ms. flabusth: c 0WIR JAN - 1987 55323 i GAIL A. LIVINGSTON 2885 COUNTY ROAD 6 LONG LAKE, MN 55356 This letter will confirm our conversation on Monday as well as my interest in an appointment to the Orono Planning Commission. I have resided in Orono since September, 1985, when I relocated from Cleveland, Ohio with my husband. I am employed by The McHenry Company, a small firm located in Washington, D.C. which specializes in management consulting to the public and private sectors focusing on those entities which develop, own or manage low and moderate income housing. We have a national clientele. The er,closed resume is taken from a recent copy of the firm qualifications. It lacks some detail, Fo I use this letter to fill in a few blanks. I received my law degree from Case Western Reserve University School of Law, Cleveland, Ohio in 1977 and was admitted to the Ohio bar the same year. My undergraduate degree, a B.A., was awarded in 1973 by Antioch College, Yellow Springs, Ohio. I held the position of Director of Administration at the Cuyahoga Metropolitan Housing Authority in Cleveland until I resigned in order to move my family to Minnesota. At that time I began doing consultir,; -ork full time. The Housing Authority is a quasi -public agency respo, ")le for the development, ownership and operation of approximately . ^0 units of low income housing in the City of Cleveland and the rounding county. It is an organization with a $30 million annual L ,t and more than 600 employees. I began there as legal counsel . ' moved into general management and administration of the ager I have spent the majority of career dealing with issues of public interest and public policy am continue to find myself drawn in that direction. I see service on the planning Commission as a way to put to work experience and perspectives already gained and to broaden those persL jctives. If any further information is needed or if you have any questions at ali, please call me. 1 can be reached at 476-4427 or 476-4428. Thank you for your consideration. Sincerely, Gail A. Livingston GAIT. A. LI✓INGSTON SENIOR STAFF ANALYST Ms. Livingston has done extensive work in the field of public housing. Her professional experience includes: Consultant to the McHenry Company on the followia engagements: - Connecticut Housing Authority Management Review Her work included review of operations as well as assisting the staff to develop a planning system and an improvement plan. - Shreveport Housing Authority Management Review Her work include- review of operations as well as assisting the staff to develop a planning system, and training the staff in implementation of planning systems and improvement plan. - Fort Worth Housing Authority Review Her work included botl iew of operations, deve' ling a planning s. _em for the housing euthl _ty and staff training in t,:e implementation of th stem. - National Association of Housing and Redevelopment Officials - Peformance Standards Principal author of the Management Evaluation and Improvement System (MEIS) which incorporates national performance standards and indicators for the public housing industry with a system management planning and performance: evaluation. Assisted NAHRO to develop a two and one half day MEIS training package an participated as one of four trainers in -he pilot MEIS training. -- Puiladeilhia ousing Authority Management Review tier work included technical assistance in the areas of planning and budgeting as well as analysis of management concerns in the area of personnel management. - Denver Housing Authority Her work included evaluation and recommendations in several areas including personnel, legal and financial management - Cuyahoga Metropolitan Housing Authority Her work included organizing and incorporating a tenant management corporation at Riverview, developing procedure and training the board of directors. - New York City Housing Authority Zenant's Advisory Council Her work included de, ping and delivering two (2) two-day training sess_u.it .:or the Tenant's Advisory Council. Training topics included tenant's rights and responsibilities, conducting a meeting and planning and goal -setting. - City of Philadelphia, Office of Housing Her work included assisting the city to develop four demonstration housing cooperatives for low and moderate income families. She surveyed existing low income c,_ peratives and documented the state of the art in management techniques used nationally. Director, Department of Administration of the Cuyahoga Metropolitan Housing Authority (CMHA); Duties: Directed and supervised all activities of an 11,000 unit housing authority for the following divisions: Budgeting, Purchasing, Information Management, Personnel and Planning and Analysis. Executive Assistant to the Executive Director, Cuyahoga Metropolitan Housing Authority; Duties: Chief aide to the Executive Director of 11,000 unit housing authority with broad functional authority to act for the Executive Director in internal matters, most particularly to assure interdepartmental cooperation and consistency. Also, had direct supervisory responsibility for Executive office staff of nineteen including the following functions; internal audit; public relations, board and community liaison, liaison to central tenant organization and development of resident economic opport,inity program. Statf Counsel to Cuyahoga Metropolitan Housing Authority; Duties: Corporate counsel involved in most aspecs of authority upeations including la-idlord-teant matters, personnel (y,estions, and construe ion contracting and bidd..:,, Staff Attorney to Summit County Legal Aid Society; Duties: Staff attorney in Housing and Welfare Division providing full range of representation from counseling to litigation. B.A. Antioch College, Yellow Spring, Ohio 1973 J.D. Case Western Reserve University of Law 1977 �011ict I Ily) Lill January 8, 1987 Orono City Council Orono City Offices 1335 Brown road South Crystal Bay, Mn. I am pleased to submit this letter indicating my interest in serving on the Planning Commission for the City of Orono. JAN �! 81987 We have lived in Orono since December of 1974. I was initially astounded at the wonderful lifestyle here, coming from Memphis, Tn. I have watched with growing interest the progression of our community, sometimes with applause, sometimes with dismay. I no longer ..;::r myself a new- comer at all. I feel like, however, I have been able to view events here with a greater clarity of opinion since I have no old prejudices that would naturally occur by long term resi- dence. As an avid lake user and as an ardent outdoor lover, I am very interested in .maintaining our superior quality of life here. I am definately concerned about lake use and land maintenance. As you can see by the organizations listed separately that I support, I am also a strong preservationist. I feel that we in Orono have a unique opportunity to lead the way for our oth7r lake communities in a positive juxtaposition of expansion of new families and a careful development of land and lake use. I am ready to serve my community through greater involvement in city government. Thank you for your consideration. Jorja L}•nn 1265 Bracketts Point Road Wayzata, INIn. 5 539 1 475-1016 Jorja Lynn born 11 /15/46 1265 Bracketts Point Road wife/mother Wayzata, Mn. 55391 Community volunteer Founding member - Womens Board - Children's Heart Fund Co-chair Guthrie Fund Raiser, 1978 Founder - Viking Wives Club, 1975 Co-chair - Evening with the Vikings, 1982 Jr. League 1977, 78 worked with Martha Head in cataloguing Hennipen- Lake area, 1978 Chairman - First annual fundraiser for Children's Heart Fund, 1978 Symphony Ball Committees - 1982, 83, 84, 85, 86. Art Center of Mn, committee fundraisers, 1983, 4 & 5. Member of Committee of 100 Women, Raising funds for women's athletic scolarships, 1986-7. Numerous other volunteer jobs. Memberships in: Mpls Institute of Art Walker Smithsonian Met. Museum of Art Natural History Museum Mn. Historical Society Mn. Zoological Society Science Museum Animal Humane Society Wayzata Community Church LMCD National Audubon Society Sierra Club National Trust Currently serving on Board of Wayzata Children's Choir Former volunteer at Memphis School for Deaf and Aphasic it it First year of Headstart program directly under Sargeant Shriver - West Virginia Former Board Member Assoc. for the Preservation of Tn. Antiquities Recently awarded by State of Mississippi Historical Society for e ,emplary restoration for "The Walter Place", on the National Register of Historic Places. (Holly Springs, Ms. ) also received approval of National Park Service and Department of the Interior. January /,1987 ORONO C I TY CIOUNC 11. ORONO, MN Attention: Jeanne Mabusth Dear Jeanne: With apologies for my delay in getting my background to you, I am pleased to put my name forward as a volunteer for Planning Commission activity. PERSONAL: Happily married with five children ( four boys, one girl ... one married, four in college) and living at 2205 Bayview Place, Navarre since 1983. My wife, Barbara, has lived there since 1960. Graduated from V i I i anova University, V i l l anova, PA in 1958 with a Bachelor of Arts degree in Historyy; completed ( pre -children) some graduate work in Theatre at Vi l lanova. Born in New York, 50 years ago, and moved by choice to Minnesota and Minneapolis in 1980. PROFESSIONAL: All career work has been in Sales and Marketing including the last dozen years as a Strategic Planner and Marketing consultant for companies throughout the United States. Am currently the owner and President of Phone Force Marketing, a distributor of home and small business telephone equipment through its own network of small Dealers in rural counties of states across the country. The Navarre office is the headquarters office. PASTIME: Family, writing, reading, puttering around, sailing, tennis, etc. There is no way I can claim any fantastic skills for the Planning Commission; in their absence, however, I offer my business planning experience, dependability, enthusiasm and abiding con- viction -to give some of myself back to my community in an appropriate way. To that end, I openly volunteer to be of assistance if needed. 1' 05ince e , I )N11 +4jh' VV Clement V. Birch, Jr. 2205 Bayview Place Wayiata, MN ')`)591 612-4/ 1 -86`-)9 Phone Force Marketing. Inc. p�q 3496 Shoreline Drive �Olto P O. Box 272 Spring Park. MN 55384 CLEM BIRCH 612-471-0979 5 January 1987 Mr. Mark Bernhardson City Administrator PO Box 66 Crystal Bay, MN Dear Mr. Bernhardson: �r cE� c� 0W N �.. JAN - 61987 I am writing as an applicant for a position on the Orono Park Commission. My reasons for seeking this position are many and are fueled by a deep committment to provide leadership In this area for the citizens of Orono and to become an active perticlpant In government. I am a parent with young children Involved in many Orono youth programs, a volunteer hockey coach and a citizen who wishes to promote the wise planning and use cf our resources for the benefit of alb In our, community. During my time in college, I majored In public affairs and government. To serve now in local government Is a much desired realization Cnd application of my education and practical experience. Please give my application your most serious consideration and if you have any questions you can reach me at 473-0659. Very truly yours, Bruce Kokal Ronald C. Anderson 1355 Arbor Street Crystal Bay, MN 55323 December 5, 1986 Mr. Mark Bernhardson City of Orono Box 66 Crystal Bay, MN 55323 RE: Park Commission membership Dear Mr. Bernhardson: I'm writing this letter to inform you of my interest in serving on the Orono Park Commission. Please consider this request should there be a vacancy in the future. Sincerely, Ronald C. Inderson RCA: jb tarot.rqnn�. ATTORNEY AT LAW LAW CENTER BUILDING 1625 PARK AVE. SO. MINNEAPOLIS, MINNESOTA 55404 (612) 332-8611 January 23, 1986 City of Orono Municipal Offices P.O. Box 66 Cr.vstal Bay, Minnesota 55323 Re: Orono Panning Commission - Vacancy Dear Ladies and Gentlemen: It is my understanding that there is presently, or there will soon be, a vacancy on the Orono Planning Commission. Please be advised that am interested in becoming a member of the planning commission, and wish to be considered for appointment thereto. I am a resident of the Citv of Orono, living at 4701 West Branch Road. I have been a resident of Orono for approx- imately twenty years. I am an attorney, engaged in the general practice of law as independent counsel to business concerns anc, individual clients. This profession has allowed me considerable interaction with the general nubli.c, property owners, independent contractors, financial institutions, Local municipal officials, and state and federal governmental agencies. I am desirous of becominq involved with the affairs of my community, in beinq of service to the residents thereof:, and believe that py famili.arit. with the City of Orono as well as rly professional background will enable me to be an asset to the Orono Planninq Commission. Respectfully, Carol L. Tranp� P E R S O N A L D A T A NAME: Carol L. Trapp ADDRESS: P.O. Box 442 4701 West Branch Road Mound, Minnesota 55364 DOB: January 10, 1942 FAMILY & MARITAL STATUS: Married to Robert L. Trapp April 24, 1982; Prior divorce December 20, 1980; Four children, two step -children, all between the ages of 20-26. EDUCATION: Juris Doctor - William Mitchell College of Law St. Paul, Minnesota (6/72) Admitted to practice of law before Minnesota Supreme Court and all Minnesota Courts - 4/73; U.S. Federal Courts - 7/75. Bachelor of Science - Mankato State College Mankatc, Minnesota (12/65) Major: English Major: Business Education Minnesota Teacher Certification - Secondary. CITY of ORONO Post Office N)x 66aCrysUil Kay, Minnexota 55323 a Municipal Offices On the North Shore of Lake Minnetonka December 15, 1986 Mr. Lee Erger 3265 Crystal Bay Road Wayzata, MN 55391 Re: Park Commission Appointments Dear Lee, As you may he aware the C; ty Counci 1 has requested that all persons interested in appointment for 1987 indicate their interest through submission of a ' atter. by January 5, 1987. As your appointment expires at the --nd of this year, it would be appropriate, should you have an interest in possible reappointment, that you indicate such by January 5, 1987. It is anticipated that Council will conzider individual applications at their January 12, 1987 meeting. Sincerely, Mark Bernhardson City Administrator cc: "Mayor City Council Hill DING& ZONING — 473.7337 • ADMINISTRATION A FINA%t 1 471 7 ii8 • PUN* WORKS 473'JS9 ASSUSSING 168" . 4 EHING TO: Mayor and City .Nail 121587 Mark Bernhardt ,3n, ity Administrator�1 (� DATE: January 6, 1987 Of i 6F URYNO SUBJECT: 1y87 Appointments Attachment: A. ) Prvp4)aed H•:;!;Olv+:.cn ISSUE - Appointment of per .n�; L,, various positions. DISCUSSION - Atta-hed is a p,— tia1 list of 3ppo i -itments for 1987. Because of the various appointments to be made for Council, Planning anc' Park Comr'ssion and other considerations r,he following appointment: _ be presented at the February 9, 1987 meeting for constderatinii. Acting Mayor . lanni�ig Commis._ .n r P1annir,� "omroiss ,n Y 1 ce - Chair jiuman R. 3 ^hair Alternate Attorney PROPOS'.D MOTIO14 - Mc Ed , seconded that trip Orono City Council adopt Resol .lumber __ se, :lag appointments ivr 1987. Ayes Nays - City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION D'.,IGNATING SELECTED APPOINTMENTS FOR THE YEAR 1987 BE Il RESOLVED by the City Council of the City of Orono, Minnesota, that the appointments and designations for the year 1987 are as follows: APPOINTMENT/DESIGNATION Planning Commission Councilmember Park Commission Chairman Representative to Lake Minnetonka Conservation District Representative to )association of Metropolita.i Mu ' �i.palities ad Attorney ty Attorney Firm Lead Engineer City Engineering Firm Health Officer Auditor Fisca'. kgent- Offici .1 New., 3per Official Depositories 1987 Alternate Terry Morris JoEller. Hurr Mark Bernhart'son K, ' ^eu '11 -ALL Po I, Schnobrich, .•a.. Doty J_ :N look Bunestroo, Rosene, Anderlik and Associates Mound Medical Clinic Pannell, Kerr, Forster Ehlers & Associates The Laker and Pioneer First National Banks of: The Lakes (Navarre) Wayzata Minnetonka Minneapolis "t.. Paul rjayzata Bank Trust Company Merrill, Lyncn, Pierce, Fenner and Smith, Inc. Marquette flank, Minneapolis American Na; oual Bank & Trust Company of It. Paul Midl,nnd .1 Ba,.k of N. nnea, 3 14@tio,- ! ,..,y Bank of Mi n:'1polis Norl•est ''a;lk Minneapolis Twin City Fedi:ral Savings & Loan Offermdn & Company, Inc. Bank cf America, San Francisco, C,lifornia Piper, Jaffray & Hopwood, Mpis. Dain Bosworth, Inc., Minneapolis Kidder Peabody & Co. Inc., Mpls. United Savings Assn., Houston, TX City of OR,ONO RESOLUTION OF THE CITY COUNCIL NO. APPOINTMZNT-ESIGNATION Official Depositories Continued Weed Inspector Assistant deed Inspector Transportati,n Committee Emergency preparedness Director West Hennepin Human Services Planning Southwest Sanitary Sewer District Suburban Health Nursing Service MWCC - Area C - Sewer Service Advisory Board Cable TV Committee (2 plus Alternate) Mayo.'s Association Suburban Rate Authority st Tonka j....ior Citizens 1987 Greenwood Trust Co., Delaware First Mutual Savings Bank, Bellevue, Washington North Fork Bank & Trust Co, New Nat'l Bank of Washington, D.C. Goldome Savings Bank, Buffalo, James Grabek John R. Gerhardson John R. Gerhardson Melvin Kilbo Sue Mor~'son LaDean 4illi -s Marc Mctabe (Alternate) Mark Bernhardson Mark Bernhardson Mark Bernhardson Mark Bernhardson (A nate) James Grabek John R. Gerhardson Mark Bernhardson (Alternate) James Grabek York N.Y. Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held January 12, 1987. James R. Grabek, or ATTEST: Dorothy M. Ha n, rT-ty -n-e `� LcFt-% vi c Lc( Icl hunncdN ( )'Bl iccn 9, DEC 2 31986 llra%% r 2000 First Bank Place West Deeem. r 22, 1986 Minneapolis Minnesota 55402 Telephone (612) 333-0543 Telecopier (612) 333-0540 Clavton L. LeFevere Herbert P. Lefler John E. DrawzO'Brien John E. Drawz TO: CLERKS 07 ALL MUNICIPALITIES BELONGING David J. Kennedy TO THE SUBURBAN RATE AUTHORITY John B Dean Glenn E. Purdue Richard J Schieffer Charles L. LeFevere Herbert P Lefler III James) Thomson, Jr Thomas R Galt Enclosed are two copies of a resolution designating P g g the Dayle Nolan director and alternate director from your community *•,c, Brian F. Rice the Suburban Rate Authority. As soon as your council '.As John G. Kressel Lorraine S Clugg appointed your representatives to the Suburban Race James M Strommen Authority for 1987, please send one completed copy of the PonaldH Barb, resolution and certificate to me. William P Jordan Kurt J Erickson William R. Skallerud Very truly yours, Rodney D. 4nderson Corrine A Heine David D. Beaudoin Paul E. Rasmussen Steven M Tallen Clayton L. LeFewere, Attorney Suburban Rate Authority CLL�jpf Enclosures City of ORONO k.ARESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY BE IT RESOLVED, by the City Council of the City of Orono, Minnesota, as follows: is hereby designated to serve as a director of the Suburban Rate Authority, and is hereby designated to serve as alternate director of the Suburban Rat.c: Authority for the year 1987 and until their successors are appointed. Adopted by the City Council of the City of Orono, Minnesota at a regular mceting held January 12, 1987. James R. Grabek, Mayor ATTEST: Dorothy M. Hallin, City Clerk S^.A'''E OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, the undersigned, being the duly qualified and acting Clerk of the City of Orono hereby certify that the attached and foregoing is a true and correct copy of a resolution duly adopted by the City Council of the City of Orono at its meeting on January 12, 1987, as the same is recorded in the minutes of the meeting of such Council for said date, on file and of record in my office. Dated this 13th day of January, 1987. C. 1 Cferk City of Orono (SEAL) 21987.7 TO Playor and City Council FROM: Mark Bernhardson, City Administrator'\) DATE: February 19, 1987 RgEtTING f`3 231987 W Y OF ORONO SUBJECT: Planning Commission Appointments ISSUE - Appointment of ad '-ional member to Planning Commission. INTRODUCTIOE - At your last meeting you appointed Ed Cohen and Jeffrey Johnson as representatives to the Planning Commission. ru 1 f i 1 1 ing of a third vacancy was tabled until the February 23, 1987 meeting. DISCUSSION - The vacancy that exists carries the urban designation. Candidates who have applied include: J'.nes Berg (U) Clement Birch (U) Curt Quady (U) Jorja Lynn (R) Gail Livingston (R) Lee Schacht (R) Persons who had applied for Council who may be interested in t:-,e Planning Commission appointment include: Gary Printup (U) Julie Harren (R) Thomas Casey (U) Earl Dorn (R) Ed Brown III ( Mariann Keinzler (R) Currently on Park Commission Additionally Ron Anderson (U) had applied, but was not appointed, to the Park Commission. 122986.8 'f TO: Mayer and City Council FROM: Mark Bernhardson, City DATE: December 29, 1986 Administrator'` SUBJECT: Big Island Board of Governors IWEE7ING JAU 121987 UP' i' OF ORONO ATTACHMENTS: A. Big Island Board of Governors Master Plan - Revised December 1986 ISSUE A. Transmittal of the master plan as contained in Attachment A. INTRO_DUCT_IO_N - You may recall the previous Council had set December 31, 1986 as a deadline for the Big Island Board of Governors to present their master plan for th island. On December 17, 1986 Jeanne Mabusth and myself were invited to meet with two representative-s of the Board plus their architect. At this meeting a summary presentation was made of Attachment A. It was indicated to the Board members present that a conceptual presentation would need tc be rrade t(,, the Council together with submitting a forms -ppll.:ution for consideratior of their master plan. Such a pre—,tation and application review is needed so agreement could be made on the front end before any further work would be undertaken that had not already been authorized. It is anticipated they will make the presentation at the Council's February 9, 1987 meeting. As noted, the only authority that they currently nave is to complete work under existing building permits for the bathrooms and the caretaker cabin together with removal of debris and any of the buildings that were listed on the hazardous buildings proceedings. (As you may be familiar hazardous buildings proceedings have been withheld since April provided that the master plan was to be submitted by the end of December.) Additionally authority had been given last year under a temporary conditional use permit for over night camping by work crews. T',is lapsed the end of December and in discussion on December 1/Ln the Big Island Board of Governors indicated their desire to continue work t h r u the next several months. It has been indicated that there will be no overnight camping so the temporary conditional use permit is not required. It was additi.onail,i indicated that in order to make the master plan meat -irfu) that they would need to attach the financing plan for thei „caster plan together with the long terir funding plan that, thAv crave indicated will be undertaken. OUTSTANDING ISSUE:, Staff/Board Relationship - As you may recall during the summer of 1986 the Board had indicated problems of working with staff and had been directed in September of 1986 to work with staff to address those issue. To date thP Iijard has not availed itself of that opportunity. - Fish House Storage_- Fish houses that were stored on the Island during the winter of '85-'86 have as of this date been removed according to the Big Island Board of Governors. They are of the understanding that these aro not to be brought back to the Island. - Status of Work to Date - The staff has requested an update of the work that has been done during the past year by the Big Island Board of Governors. T*ae City is awaiting receipt of this report. RECOMMENDATION - It is recommended that the Big Island Doard of Governors-bes-..firected to submit the formal application for tiieir master plan by Jz..lary 31, 1987 for consideration at the February 17, 1987 Planning Commission meeting with a summary presentation of the master plan at the Counci.', February 9, 1987 meeting. It is additionally recommended tha` the hazardous buildings proceedings be held in abeyance for the next two months to monitor progress on the master plan consideration. PROPOSED MOTION - Moved by _, seconded by that the Big Island Board of Governors be directed to submit the formal application for their master plan by January 31, 1987 for consideration at the February 17. 1987 Planning Commission meeting with a summary presentation of the master plan at the Council's February 9, 1987 meeting. It is additionally directed th�-t the hazardous buildings proceedings be held in abeyance until March 9, 198T to monitor progress on the master plan consideration. Ayes Nays cc: E(I Morrow Joe Backus Stu Gorney John Barbour-, Setter, Leach & Lindstrom Jeanne Mabusth, Building and Zoning Administrator John Gerhardson, Public Works Coordinator Tom Jacobs, Buil.iin,; Inspector G IS LAND V1--j'TERANS CAMP Rede-✓elo� rent .Master Plan Suter Leach and Lindstrom, Inc. Architects Engineers and Planners INDEX INTRODUCTION GOALS SUPPLEMENT TO PLANNING AND SITE EVALUATION STUDY PHASE I PHASE II PHASE III PHASE IV PHASE V PHASE VI PHASE VII PHASE V I I I 1111A.`ii- IX PHASc A CONCLU`iION INTRODUCTION ,he obje.�ive of this plan is to provide a working tool for the continued use and recor 'truft"4ii of the Big Island Veterans Camp on Lake Mir.ietonka. This plan is a guide and may neco t'-evision periodically to remain current due to discovered site conditions, decisions ma.- City of Oroao and other public bodies, and the final design o: the si+e and i•-ri The Board of Governors of the Big Island Veterans Camp, per state statut s eager to make available a^ efficient, economical barrier free camp to 600,000 Minnesota veterans and their families. In order to mzike facilities :available as quickly as possible, a:rd pause of limited financial resources, this development plan is brokon into a n '-nr of phases. Each phase does not represent any particular amount of time and indivic i phases may overlap as manpower and resources dre available. The following two documents are appended to this refirt for additional reference: Big Island Veterans Camper Planning_ and Site Evaluation Sure, Setter, 'ea Lindstrom. October 28, 1985. Facilities Su^.-ey_of the Big Islard Veterans Camp,_Big_ 151and._La.__Minnetoan'�__ Village _of Or;ano, State of Minnesota Department of Administrat'or., ulvision of Architect -,re a-; August 1979. GOALS To provide a workable, understandable and feasible plan for, the timely, economic renovation and reconstruction of the physical facilities. To provide the following c mp functions (additional uses may be developed as the camp materializes): Summer Sports and Recreation Communal Dining Facilities Sleeping Cabins Tent Camping Nature Trails Picnic Grounds Weekend Retreats Meeting Facilities Winter Sports and Recreation Winterized Housekeeping Facilities SUPPLEMENT TO PLANNING & SITE EVALUATION STUDY 1. Some existing cabins and three toilet/shower buildings will' be brought up to code, on an interim basis only, to serve camp needs during reconstruction. 2. As recor-;snded by the report, it is desirable to restore the boat house because it is an essential part of the existing track and winch system now used to pull the large s'eel cruiser out of the lake and into protective storage. 3. The cabin clusters are designed to facilitate camp use by elderly and mobility impaired as well as providing general convenience. A multi -unit housing structure for mobility impaired individuals and future energy efficient winter use would be added. 4. A central fire protection and security system as recommended in the planning study is essential. 5. The lot of record will not be subdivided. PHASE I A. Acquire funds 1. Ongoing support. 2. Specific construction funding commitments. American Legion VFW Purple Heart DAV Philanthropic Organizations R. Develop short range plan-, C. Develop long range plans PHASE II A. Establish full-time/temporary on -site caretaker. 1. Site security. 2. Work party coordination. 3. Transportation of work parties. 4. Groundskeeping. 5. Maintenance. B. Establish work parties C. Remove hazardous, non -restorable structures. D. Reduce fire hazards by removal of: 1. Trash. 2. Downed trees. 3. Demolished structures. E. Eliminate personal safety hazards. 1. from retained buildings. 2. Discarded equipment. F. Improve p general appearance of property. PHASE III A. Renovate selected existing buildings for code compliance for use during camp reconstruction. B. Develop temporary tent camping facilities for use by work parties. C. Improve existing roads and trails to facilitate: 1. Movement of personnel and equipment. 2. Handicapped mobility. 3. Response to fire potential. D. Restore selected electrical services. E. Restore selected water service. 1. Sanitation. 2. Fire prevention. F. Restore selected sanitation facilities for code compliance `or us:? during camp reconstruction. G. Plan new construction for Phase IV. 11. Organize advertising campaign. PHASE IV A. New construction: 1. Food preparation and storage facility. 2. Equipment storage building. B. Address fire control needs: 1. Utility and service buildings. 2. Grounds. 3. Sleeping cabins. C. Restore recreational facilities. 1. Playground. 2. Ball field. 3. Boats: Transportation Fishing Sailing 4. Swimming beaches. D. Start paid tent camping (temporary campsite). E. Continue Phase III A & C. F. Continue assessment of: 1. Marketing. 2. Programming. 3. Funding. 4. Future needs. G. Plan new construction for Phase V. PHASE V A. New Construction: I. Caretaker cabin (winterized). 2. Staff cabins (winterized). 3. Winter water supply. 4. Campground area toilet/shower building. B. Continue land improvements: I. Site grading and landscaping. 2. Increased handicapped accessibility to site. 3. Construct tenting pads. C. Provide: 1. Paid tent camping. 2. Limited paid cabins (temporary cabins). 3. Food service. 4. Sumner facility usage. 5. Establish year-ruun,d caretaker. D. Plan development of Area 1. E. uevelo`) state --wide marketing campaign. F. ^ontinue assessment of: 1. Site use. 2. Marketing. 3. Programming. 4. Funding. 5. Future needs. PHASE VI A. Establish Cabin Area 1: 1. Construct new cluster cabins B. Construct multi -unit structure. C. Plan development of Area 2. D. Provide full summer facility usage. E. Provide limited winter facility usage. F. Continue assessment of: 1. Site use. 2. Marketing. 3. Programming. 4. Funding. 5. Future needs. PHASE MY A. Establish Cabin Area 2: 1. Remove old structures. 2. Construct new cabins. B. Plan development of Area 3: C. Provide full year-round facility usage as governed by facilities and demographics of campers. D. Continue assessment of: 1. Site use. 2. Marketing. 3. Programming. 4. Funding. S. Future needs. PHASE VIII A. Establish Cabir. Area 3. 1. Construct new cabins. 2. Or renovate existing multi —unit structure. B. Plan Development of Area 4. C. Continue year --round facility usage. 0. Continue assessment of: 1. Site use. 2. Marketing. 3. Pronramming. 4. Funding. 5. FL'ture needs. PHASE IX A. Establish Cabin Area 4. 1. Remove old structures. 2. Construct new cabins. B. Continue year-round facility usage. C. Continue assessment of: 1. Sii:e use. 2. Marketing. 3. Programming. 4. Funding. 5. Future needs. PHASE X A. Establish Cabin Area 5. 1. Construct new cabins. 8. Continue year-round facility usage. C. Continue assessment of: 1. Site use. 2. Marketing. 3. Programming. v. 1 uiiuiiiy. 5. Future needs. 'ZI Natum Site Evaluation Stud,) ,Iry Orono, MinnesAA.-I 913 N T A PAach CONCLUSION This plan is a guide for redevelopment of the Big Island Veterans Camp in a series of ten phases from title acquisition through construction of all cabins and camp facilities. The phased approach will permit an economic means of rehabilitating the camp while allowing an on -going assessment of facilities. Some income may "lso be derived through establishing the tent camping area and use of a limited number of restored cabins as early as possible until new facilities can be constructed. This report was prepared by Setter, Leach 6 Lindstrom, Inc., Architects, Engineers 6 Planners on this date, December 15, 1986. 122986.6 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato7 DATE: December 29, 1986 SUBJECT: Time Table for Sale of Liquor Store N 121987 ` (;f f Y OF ORONO Attachment: A. Time Table for Sale cf Liquor Store ISSUE - Adoption of approximate time table for sale of liquor store to be sold no later than May 30, 1987. INTRODUCTION - At the Council's December 8, 1986 meeting they directed staff to develop the plan for disposition of the liquor store. Attachment A contains a timetable of items to be undertaken before the sale. It has been initially indicated by our City Attorney that this will prob: i y have to be done on a bid basis. To date there has been inter -st expressed in either the purchase of the liquor store or a license in general by approximately 12 parties. One of the initial steps in undertaking the transition will be review and adoption of the liquor ordinance to be effective upon disposition of the store. RECOMMENDATION - It is recommended that the Council adopt this as the guideline time table for sale of store to be sold no later than May 30, 1987. PROPOSED MOTION - Moved by , seconded by , to aceepL staff recommendation for a time table in which to dispose of the liquor store by May 30, 1987. Ayes Nays cc: Lorraine McGowan, Liquor Store Manager 121786.7 Liquor Sale Private Licensin Determine metnod 12.24 Rough Draft of Sale — Irdinance Bernhardson/Blatz 12.30 Staff/,.ttorney Review 1.12 Jrdinance to Council 1.13 Develop Application 2.8 Council Adopt Ordinance 2.15 Bid/Sale Document to Interested Parties Plus Application 3.13 Close Bid/Sale 3.13 Receive Applications 4.13 Bid/Licenses to Council 4.30 Contract Signed (4.21-5.11 or special tu:•nover 5.30.86) CC: Mayor and Council Lorraine McGowan, L:;uor Store Manager John R. Gerhardsen, Public Works Coordinator Jeanne A. Mahusth, Zoning Administrator Tom Kuehn, Finance Director Melvin Kilbo, Chief of Police Kathleen Blatz, City Attorney LIQUOR STORE SALE APPROXIMATE TIMETABLE New DevelopmenL if A licable Commercial Site Plan Review due in Site Plan Review to PC 2.17 Jtner ,.22 Zoning knen:Lnent 1.20 PC 1.20 PC Ad.�ress Amen.LaenL 2.8 Council Adopt Zoning Amendment 2.9 Set i9o7 Salaries' Incentive Progran 122986.7 TO Mayor and City Council }o MEE 1OG FROM: Mark Bernhardson, City Administrator) )�� JAN 121987 DATE: December 29, 1986 I,.i�'•�+ OF GRo� SUBJECT: Draft of Liquor Ordinance Amendment OR ONO A. Ordinance Draft - Amendment to Existing Liquor Ordinance ISSUE - Review of specific issues relating to amendment of the liquor ordinance. INTRODUCTION - With the impending change from a municipal store to licensing of off sale private liquor certain amendments need to be made to al low for such. Principal among these are repeal of the municipal dispensary section of the ordinance together with establishment of the control that has to be applicable to the off sale ligior. Additionally in reviewing the ordinance it was felt that a number of other items need to be made to clarify the ordinance for administration purposes. GENERAL - There were several items that were amended through out the ordinance to clarify the issues. A.) Beer to non -intoxicating malt liquor as the term beer can apply to both malt liquor ^under 3.2 percent and also over that amount, but the licensing section under state law only applies to the 3.2 portion. B.) State established legal drinking age. Because of the changing state law as it relates to age and the fact that a person, except for alcohol consumption purposes, is considered to be of majority at 13 the term "state established legal drinking age" has been substituted in the ordinance. C.) Format changes Additionally there were some format changes to clarify what applies to non -intoxicating malt liquor and other types of licenses together with splitting out sections for on -sale, off -sale and general application. D.) Distinquishing between initial licensing and re1i_cens1ng as it relates to public hearings Initial/Renewal licenses (4.02/4.03) Distinguishing between initial and re,ewa_ as it makes public hearing discretionary. E Number of licenses held by one (1) person The current ordinance allows 1 1icense per person. This would allow a person 1 on -sale liquor and 1 off -sale liquor. F . ) Anti_ -spiking provisions (4.16/7) Additional language to limit unlicensed activity in a premises. G.) Restrict_ licenses (4.16/9) Restrict Orono elected or appointed officials from a license H.) To_ta1 license:; (4.16/12) Setting maximums for number of^licenses -by category. Six is the current maximum authorized for on -sale with no limit on off -sale liquor or on or off -sale non -intoxicating malt liquor. I.) State law inclusion (various) For administrative clarity specifically spell out State requirements. J.) Financial indebtednessLimits the business to be indebted only to persons who_ could qualify for a license. K.) Po1it_ica1 contribution while presently not included,_the_City may desire to have reported all political contributions over $50 in local City elections. ON -SALE - The following represent the changes made of substance in the on -sale area: A.) Definition of Club (4.01 Subd 15/4.50 "ubd 1A) m Eliinate second definition to make them conform and reduce duplication OFF -SALE - The following represent the significant items for consideration in adoption of a private off -sale 1icen3e. Thee include: A.) Samples (4.31 Subd 18) Incorporation of State allowed sampling at off sale. 13.) Resident Manager or Agent (4.02 Subd 7) The current ordinance does require a manager or agent of the store to be a resident of Orono for all on -sale of liquor, wine, non -intoxicating malt liquor or bottle or chit, license:. Such is not required for off -sale and is not presently incorporated in the draft. C.) Minimum Investment (4.31 Subd 14) For an on -sale liquor and wine for a restauraunt or hotel a minimum investment is the business of at least $200,000 for land, building and equipment or $500.000 for Sunday sales. The Council can however grant the l cen3e contingent on such improvements in 5 years. No such requirement is presently incorporated in the off' -sale 2 liquor. Such a provision however does not limit the use of leased premises by a licensee. It may be prudent to set such a minimum particularily since a significant investment requirement could assist the City's interest in Navarre redevelopment. T).) Financial While the maximum annual fee is set at $150.00/year for Orono for off -sale, the City can set an investigation fee of $500.00 for an instate investigation or actual cost up to $10.000 if the investigation goes out of state. E.) Insuran_ce The City is currently reviewing other cities'_insurance requirements. F.) Delivery (4.31 Sub 19) Requirements relating to off -sales _ delivery. G.) Limitation on Licenses (4.16/Sub 12) To the extent the Council desires to limit licenses, they may set a maximum number for the community, or by some allocation such as election precinct. H . ) Licensee "Set Backs" For various reasons the Council _ may chose to separate licenses from churches, and/or schools etc. by a certain distance plus establish a minimum distance between licenses. In the case of Blaine, who recently got out of the municipal liquor business, their minimum was 112 mile. In addition to amendment of this particular ordinance the appropriate zoning amendment to allow ''or liquor stores as a permited use in the business district will be going to the Planning Commission at their January 20th meeting and the matter of fees will be addressed at the Febrary 9th meeting once there is some direction as to extent of control and extent of investigation to be undertaken. RECOMMENDATION - It is recommended that the Council discuss the pertinent issues outlined above, together with any other concerns they may have regarding off -sale licensing and that these be incorporated into the ordinance for the proposed adoption at tae February 9, 198.1 meeting. PROPOSED MOTION - Moved by seconded by to direct staff to take into consideration the concerns of the Council as they relate to this ordinance and that the ordinance be considered in full at the Febrt-iry 9, 1987 meeting. Ayes Nays "c: Lorraine McGowan, i.iquor Store Manager 3 i MEETING CHAPTER 4 Z 1987 INTOXICATING AND NON -INTOXICATING LIQUOR.. % LICENSING AND REGULATION � ,!' J Y �_OF URONO SECTION 4.01. DEFINITIONS. As used in this Chapter, unless otherwise stated in specific sections, the following words and terms shall have the meanings stated: 1. "Application" means a form with blanks or spaces thereon, to be filled in and completed by the applicant as his request for a license, furnished by the City and uniformly required as a prerequisite to the consideration of the issuance of a license for a business. 2. "Applicant" means any person making an application for a license under this Chapter. 3. "License" means a document, issued by the City, to an applicant permitting him to carry on and transact the business stated therein. 4. "Licensee" means an applicant who, pursuant to his approved application, holds a valid, current, unexpired license, which has neither been revoked nor suspended, from the City for carrying on the business stated therein. 5. "License fee" means the money paid to the City pursuant to an application and prior to issuance of a license to transact and carry on the business stated therein. 6. "Intoxicating liquor" and "Liquor" mean ethyl alcohol and distilled, fermented, spirituous, vinous (wine) and malt beverages containing in excess of 3.2 percent of alcohol by weight. 7. "Wine" means wine not exceeding 14 percent alcohol by volume. 8. "Non -Intoxicating Malt Liquor" means any malt liquor containing not less than one half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight and is a fermented malt beverage for the purposes of Minnesota Statutes. 9. "Off -sale" means the retail sale in original packages for consumption off or away from the premises where sold. 1.0. "On -sale" means the retail sale by the glass or by the drink, for consumption on the premises where sold only. 11. "Sale", "Sell" and "Sold" mean all barters and all manners or means of furnishing beer, wine or liquor to persons, including such furnishing in violation or evasion of law. ORONO CC 3 4.01 12. "Manufacturer" means every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces liquors, wine or beer for sale. 13. "Wholesaler" means any person engaged in the business of selling liquor, wine or beer to retail dealers. 14. "Package" and "Original package" mean any container or receptacle holding liquor, wine or beer, which container or receptacle is corked, capped or sealed by a manufacturer or wholesaler. 15. "Club" mean: any corporation duly organized under the laws of tnis State for civic, fraternal, social, or business purposes or for intellectual improvement - or for the promotion of sports, or a congressionally chartered veterans organization, which shall have more than fifty members, and shall, for more than a year, have owned, hired, or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whoF,e affairs and management are conducted by a Board of Directors, Executive Committee, or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents, or employees are paid directly or indirectly any compensation by way of profit for the distribution or sale of beverages to the members of the club, or to its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the members or other governing body. Such club or congressionally chartered veterans organization must be incorporated and must have been in existence for at least three years. 16. "Fraternal club" means a club which serves only members and their guests and which uses any profits derived from liquor sales principally for sponsoring activities benefi ial to the community and not for the profit of any individual. 17. "hotel" and "Motel" mean and include any establishment having a resident proprietor or managar, where, in consideration of payment therefor, food and lodging are regularly furnished to transients, and which contains not less than ten guest rooms with bedding and other suitable and necessary furnishings in each room, and which is provided with a suitable lobby, desk and office for the registration of its guests at the main entrance and on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control an the rest of the establishment and has an integral part therecf a dining room with appropriate facilities for seating not less then thirty guests at one time, where the general public is, in consideration of payment therefor, served with meals at tables. ORONO CC § 4 . 0 1 18. "Restaurant" means any establishment, other than a hotel, under the control of a single proprietor or manager, having appropriate facilities for the serving of meals, and where, in consideration of payment therefor, meals are regularly served at tables to the general public, which employs an adequate staff to provide the usual and suitable service to its guests, and which shall have seating facilties for seating not less than thirty guests at one time. 19. "Financial Interest" includes any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment but does not include bonafide loans, bonafide rental agreements, bonafide open accounts or other obligations held with or without security arising out of the ordinary in the regular course of business of selling or leasing merchandise, fixtures or supplies to such a business or 10% or less interest of any other corporation holding a license. 20. -State Established Legal Drinking Age" for purposes of this ordinance the State established legal age for consumption of both intoxicating and non -intoxicating malt liquor is 21 years of age provided however that persons born before September 1, 1986 are also legally able to consume liquor. 21. "Gambling devices" means slot machines, roulette wheels, punch boards, and pin ball machines which return coins or slugs, chips, or tokens of any kind, which are redeemable in merchandise or cash. SEC. 4.02. ORIGINAL LICENSING PROCEDURE. Subd. 1. Application. All applications shall h:- made at the office of the City Clerk upon forms if presci'_:.ed by the proper Department of the State of Minnesota together with such additional information as the Council may desire. If not so prescribed, then upon forms furnished by the City. Information requ1-ed may vary with the type of business organization making application. All questions asked or information required by the application forms shall be answered fully and completely by the applicant. Subd. 2. False Statements. It is unlawful for any applicant to intentially make a false statement or omission upon any application form. Any false statement in such application, or any willful omission to state any information called for on such application form shall, upon discovery of such falsei,00d, work an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this Chapter, or any part thereof. Subd. 3. Application and Investigation Fee. At the time of the initial application, applicants for licenses required by this Chapter of the City Code shall pay to the City the fees as provided for in the current City fee ordinance duly adopted by the Council, pursuant to City Code Section 1.05, which fee shall be considered an application and investigation fee, not refundable to applicant. At any time that an additional investigation is required because of a change in the ownership or control of a partnetship or corporation or t,ecause of an enlargement, alteration or F,xtorision of premises previously licensed, the l i consev st pay in iidd i t i ona l i nvest i clat i on fee. Subd. 4. Action. A. Investigation. All applications for a license_ shall be referred to the Chief of Police and to such other City departments as the Council shall deem necessary, for verification and investigation of the facts set forth in the application. The Chief of Police shall cause to be made such investigation of the information as shall be necessary and shall make a written recommendation and report to the Council which shall include a list of all violations of. Fecaral or State law or municipal regulations by the applicant. B. flea,ing. Upon receipt of the written report and recommendation by the Chief of Police and within thirty days there- after, the City Clerk shall publish a notice of hearing at least ten days prior to the date set for hearing setting forth the day, time and place of hearing, the name of the applicant, the place where the business is to be conducted, and such other information as the Council may direct. At such hearing, all persons desiring to be heard shall have such opportunity, and the Council may there- after grant or deny the license. If the license is granted, the Council may withhold its issuance until the applicant has qualified in all respects for the license. If the premises to be licensed are not complete at the time that the hearinc is conducted, the Council may grant- the license but shall withhold its issuance until the premises have been completed in accordance with the representa- tions made by the applicant. The license fee shall be due as of the date the license is gr_..ited. If a license has been granted but its issuance has been withheld pending completion of the premises to be licensed, and if the licensee does not proceed with reason- able dispatch to ready the premises, the Council may rescind the action granting the license. Such actic,. shall not be taken, however, without giving the licensee at least ten days notice of the time and place of a hearing on the proposed rescission. C. Cranting. The Council may approve any applica- on for the period of the rerr finder of the then current license year or for the entire ensuin. License year. All applications including proposed license periods. must be consistent with this Chapter. Prior to consideration of any application for a license, the applicant shall pay one-half of the license fee, and the inves- tigation fee. Upon rejection of any application for a license, or upon withdrawal of an application before approval of the issuance by the Council, the lice se fee shall be refunded to the applicant. Failure to pay any portion of a fee when due shall be cause for revocation. The City Clerk shall, within ten days after the issuance of any license u!.3er this Section, submit to the proper Department of the State of Minnesota the full name and address of eac.'i person granted a license, the trade name, the effective license date, and the date of expiration of the license. Fie shall also submit to the proper Department of the State of: Minnesota any change of addresr,, transfer, cancellation, or revocation of any license by the Council during the license period. D. Issuing. if an application is approved, the City Clerk shall forthwith issue a license pursuant thereto in the farm prescribed by the City or the proper Department of the State of Minnesota, as the cast} may be, and upon payment of the second half of the license fee. A l l licenses shall be on a calendar year basis unless otherwise specified herein. For licenses issued ,arid which are to become effective? other than on the first clay of the licensedd, yeas, the fee to be paid with that application sha 1 1 he a pro rat a share cf the annual license fee. Licenses sha l 1 N- valid only at oro- location and on the premises therein described. F. License Refundment in Certain Cases. In the event thr't, during thc. lic(�nse year, the licensed premises shall be destroyed or so damaged by fire, or otherwise, that the licensee shall cease to carry on the licensed business, or in case the business of the licensee shall cease by reason of his illness oL death, or if it shall become unlawful for the licensee to carry on the licensed business under his license, except when such license is revoked, the City shall, upon the happening of any such event, refund to the licensee, or to his estate, such part of the license fee paid by him as corresponds to the time such license had yet to run. In the event of death of the licensee, his personal represen- tative is hereby authorized to continue operation of said business for not more than ninety days after the death of such licensee. F. Transfer. A license shall be transferable between persons upon consent of the Council and payment of the investigation fee. No license shall be transferable to a different location without prior consent of the Council and payment of the fee for a duplicate license. It is unlawful to make any transfer in violation of this Subparagraph. G. Refusal and Termination. The Council may, in its sole discretion and for any reasonable cause, refuse to grant any application. No license shall be granted to a person of questionable moral character or business reputation. Licenses shall terminate only by expiration or revocation. H. Revocation or Suspension. Thr Council may, in its sole discretion and for any reasonable cause, revoke, or sus- pend for a period not to exceed sixty days, any license granted under the provisions of this Chapter. The Council shall revoke the license upon conviction of: any licensee or agent of employee of a licensee for violating any law relating to the sale or possession of beer, wine or liquor upon premises of the licensee, or if zuch revocation is mandatory by Statute. If it shall be made to appear at the hearing thereon that such violation was not willful, the Council may order suspension; provided, that revocation shall be ordered upon the third such violation or offense. Nc suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing before the Council, a committee of the Council, or a hearing examiner, as may be determined by the Council in action calling the hearing. Such hearing shall be called by the Council upon w--itten notice to the licensee served in person or by certified m�. not less than fifteen nor more than thirty days Prior to the Baring date, stating the time, place and purpose thereof. As additional restrictions or regulations on licensees under this Chapter, and in addition to grounds f.r revocation or suspension stated in the City Code or Statutcr, the following shall also be grounds for such action: (1) that the licensee suffered or permitted illegal acts upon licensed premise5 unrelated to the sale Of beer, wing_ or liquor; (2) that the licensee had knowledge of such illegal acts upon licensed hrem is es, but f;a i 1 a to report the ame to police; (3) that the licensee f. iled or refused to cooperate fully with police in investigating such alleged illegal acts upon licensed premise:;; or, (4) that tti, rctivities of the licensee cr(-at.ed a sorioti=; 1._in(wr -o publ l;• !,­-)th, safety, or welfare. 1. Corporate Applicants and Licensees. A corporate applicant, at the time of application, shall furnish the City with a list of all persons that have an interest in such corporation and the extent of such interest. The list shall name all shareholders and show the number of shares held by each, either individually or beneficially for others. It is the duty of each corporate licensee to notify the City Clerk of any change in legal ownership, or beneficial interest in such corporation, or in such shares. Any change in the ownership or beneficial interest in the shares entitled to be voted at a meeting of the shareholders of a corporate licensee, which results in the change of voting control of the corporation by the persons owning the shares therein, shall be deemed equivalent to a transfer of the license issued to the corporation, and any such license shall be revoked thirty days after any such change iii ownership or beneficial interest of shares unless the Council has been notified of the change in writing and has approved it by appropriate action. The Council, or any officer of the Ci designated by it, may at any reasonable time examine the stock transfer records an6 minute books of any corporate licensee in order to verify and identify the shareholders, and the Council or its designated officer may examine the business records of any other licensee to the extent necessary �'o discl,.se the interest which persons other than the licensee: have in the licensed business. The Council may revoke any lice::(� issued upon its determination that a change of ownership of shares in a corporate licensee or any change of ownership of any interest in the business of any other licensee has actually resulted in the change of control of the licensed business so as materially to affect the integr;ty and character of its management and its operation, but no such action shall be taken until after a hearing by the Council on notice to the licensee. Subd. 5. Duplicate Licenses. Duplicates of all original. licenses under this Chapter may be issued by the City Clerk without action by the Council, upon licensee's affidavit that the original has been lost, and upon payment of a fee of $2.00 for issuance of the duplicate. All duplicate licenses shall be clearly marked DUPLICATE. Subd. 6. Posting. All licensees shall conspicuously post their licenses in their places of business. Subd. 7. Resident Manager or Agent. Before a license is issued under this Chapter for on -sale liquor, on -sale non - intoxicating malt liquor, on -sale wine or a bottle or club license to an 4 --'; ,,idua 1 who is a non-resident of the City, to more than one indiviuial whether or nct they are residents of the City, or to a corporation, partnership, or association, the applicant or applicar.ts shall appoint in writing a natural person who is a resident cf the City as its manager or agent. Such resident manager or agent shall, by the terms of his written consent, (1) take full responsifility for the conduct of the licensed premises; and, (2, as agent for service of notices and other process- relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation, and other attributes, could qualify individually as a licensee. If such manager or agent ceases to be a resident of the City or ceases to act in such capacity for the licensee without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation or suspension. §4.02 Subd. S. Persons disqualified. In addition to any other provision of law, no person shall qualify for a license under this Chapter who has been convicted within five years of the license application of violating any law relating to the manufacture, sale or distribution of non -intoxicating malt liquor, liquor or wir. , )r whose license has been revoked within such a time period or convicted of gambling within the five years of the license application. Nor shall a person qualify who has not attained the State established ]-gal drinking age or who is not a citizen of the United States SEC. 4.03. RENEWAL OF LICENS.__. Application for renewal of all licenses under this Chapter shall be made at least sixty (60) days prior to the date of expiration of the license, and shall contain such information as is required by the City. This time requirement may be waived by the Council for good and sufficient cause. Persons for renewal of application are subject to all the requirements of Section 4.02 except for Subd. 4 B Public Hearing which is an optional requirement to be established at the discretion of the City Council. SEC. 4.04. DELINQUENT TAXES AND CHARGES. No license under this Chapter shall be granted foz operation on any premise upon which taxes, assessments, or installments thereof are due and owing, or other financial claims of the City, County or State exist. SEC. 4.05. LIMITATION ON OWNERSHIP. No person sl•a 1 l be granted more than one license under this Section except that a person who is a holder of an on -sale liquor license may also be the holder of an off -sale liquor license, provided that the location of the or. -sale operation is separate from the off -sale in such cases each location shall. have a separate entrance onto a public street, sidewalk or mall area. SEC. 4.06. CONDITIONAL LICENSES. Notwithstanding any provision of law to the contrary, `",e Council may, upon a finding of the necessity therefor, place such special conditions and restrictions, in addition to those stated in this Chapter, upor any license as it, deems reasonable and justified. SEC. 4.07. PREMISES LICENSED. Unless expressly stated therein, a license issued under the provisions of this Chapter shall be valid only in the compact and contiguous building or structure situated on the premises described in the license, and all transactions relating to a sale under such license must take place within such building or structure. The premise shall have an exclusive entrance from or exit to the exterior of the building at which the licensed premise is loca*ed. Entrances from or exits to a public conenurse or public lobby meet this requirement. SEC. 4.11. LICENSE CONDITION AND UNLAWFUL ACT. Subd. 1. All. premises licensed under this Chapter shall at all times be open to inspection by any police officer. or other individuals with enforcement powers to determine whether or not this Chapter and all other laws are being observed. All persons, as a condition to being issued such license, consent to such inspection by the licensee shall be a condition of each license granted. Police officers or other individuals with enforcement powers shall not need a search warrant for such inspections. Subd. 2. It is unlawful for any licensee, or agent or employee of a licensee, to hinder or prevent a police officer or other individuals with enforcement powers from making such inspection. ST:C. 4.12. LICENSE FEES. All. licenses provided for in this Chapter, shall be issued only upon payment in full of license fees fixed and determined in accordance with City Code Section 1.05. SEC. 4.13. FINANCIAL RESPONSIBILITY OF LICENSEES. Subd. 1. Proof. No beer, wine or liquor license shall be issued or reviewed unless and until the applicant has provided proof of financial responsibility imposed by Minnesota Statutes, Section 340A.450, by filing a certificate that there is in effect an insurance policy or pool providing minimum coverages of (1) $50,000.00 because of bodily injury to any one person in any one occurrence, and $100,000.00 becauces of bodily injury to two or more persons in any one occurrence, and in the amount of $10,000.00 because of injury to or destruction of property of others in any one occurrence, and (2) $50,000.00 for loss of means of support of any one person, in any one occurrence, and, sujbect to the limit for one person, $100,000.00 for loss of means of support of two or more persons in any one occurrence. An annual aggregiate policy limit for dram shop liability of not less than $300,000.00 per policy year may be included in the policy provisions. Subs:. 2.. Exception. This Section does not apply to on - sale non -intoxicating malt liquor licensees with sales of non - intoxicating malt liquor of less than $10,000.00 for the preceding year, nor to off -sale non -intoxicating malt liquor licensees with sales of ron-intoxicating malt liquor of less than $20,000.00 for the preceding year, nor does it apply to holders of temporary wine licenses issued under law. An affidavit of the licensee shall be required to establish the exemption under this Subdivision. Subd. 3. Documents Submitted to Commissioner. All proofs of financial responsibility and exemption affidavits filed with the City under this Section shall be submitted by the City to the Minnesota Commissioner of Public Safety. SEC. 4.14. INSURANCE CERTIFICATE REQUIF.EMENTC. Whenever an insurance certificate is required by this Chapter the applicant shall file with the City Clerk a certificate of insurance showing (1) that the limits are at least as high as req,iired, (2) that coverage is effective for at least the license tern approved, and (3) that such insurance will not be cancelled or terminated without hirty days' written notice served upon the City Clerk. Cancellation or termination of such coverage shall be grounds for license revocation. SEC. 4.15. PROOF OF AGE. For the purposes of consuming, purchasing o�: ;possessing beer, wine or liquor, age may only be established by a valid driver's license or a current Minnesota identification card issued pursuant to Minnesota Statutes 1985 Section 171.07. In the case of a foreign national, a valid passport may tie used as an alternative to the foregoinq methods of identification. SEC. 4 . 16 UNLAWFlli., ACTS ( GENERAL) . Subd. 1. Consumption. It is unlawful for any person to consume on an on -sale license premises, or any licensee to permit consumption of, beer, wine or liquor on licensed premises more than twenty (20) minutes after the hour when a sale thereof can legally be made. Subd. 2. Removal of Containers. It is unlawful for any on -sale licensee to permit any glass, bottle or other container containing beer, wine or liquor in any quantity, to remain upon any table, bar, stool or other place where customers are served, more than twenty (20) minutes after the hour when a sale thereof can legally be made. Subd. 3. Closing. It is unlawful for any person, other than an on -sale licensee's bona fide employee actually engaged in the performance of his duties, to be on premises licensed under this Chapter more than thirty (30) minutes after the legal time for making licensed sales. Provided, however, that this Subdivision shall not apply to licensees, employees of licensees and patrons on licensed premises for the sole purpose of preparing, serving or consuming food or beverages other than beer, wine or liquor. Subd. 4. Conduct on Licensed Premises. Except as herein provided, every licensee under this Chapter shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order therein. Subd. 5. Sale by Employee. Any sale of beer, wine or liquor in or from any premises licensed under this Chapter by any employee authorized to make such sale in or from such place is t'.e act of the employer as well as of the person actually making the sale; and every such employer is liable to ail of the penalties provided by law for such sale, equally with the person actually making the sale. Subd. 6. Manufacturers or Wholesalers Interest in Retail Estabiishments. No manufacturer or wholesaler shall either directly or indirectly own or control or have a financial interest in any retail business. Subd. 7. No liquor in licensed restaurants. No person shall consume or carry any intoxicating or non -intoxicating liquor to or into any restaurant with the purpose of consumption therein. .pa S4.16 B. illegal to permit mixing. No person shall mix or sell for the purpose of mixing any non -intoxicating malt liquor, soft drink, wine, liquor or beverage in a food establishment unless licensed as a bottle club. Subd. S. Display. It i.s prohibited that any alcohol be displayed to the public in any manner in an on or off -sale licensed operation durirg the hours in which consumption is not. permitted. Subd. 9. No employee or public official of the City of Orono may be a holder of any license issued under this Section. This does not, however, prevent the issuance of a license to a club of which any of the aforementioned are members or on the board of directors. Subd. 10. Financial indebtedness. No person shall be financially indebted to any person not otherwise qualified for the license. Subd. 11. zoning ordinance requirements. Not withstanding any Section in this ordinance to the contrary, all premises that are licensed must be located in zoning districts in which they are permitted and :rust be in compliance with those zoning codes. Subd. 12. Number of licenses issued by City. The following represents the maximum number of licenses the City will have in force at any one time by catagory. On -Sale Liquor - 6 (maximum allowed by On -sale Non -intoxicating Malt Liquor - On -sale wine Bottle/club Licenses - Temporary Non-i.ntoxi_cating Malt Liquor Temporary Intoxicating Liquor Permits - Off -sale Liquor - Off -sale Non -intoxicating Malt Liquor - State) Licenses - SEC. 4.17. For purposes of this section, it is unlawful to: Subd. 1. Person other than the parent or legal guardian to procure non -intoxicating malt liquor for any person below the State established legal drinking age. Subd. 2. Person under the State established legal drinking age to consume non -intoxicating malt liquor unless in the company of his parent or guardian. Subd. 3. Person under the State established legal drinking age to have in his possession any non -intoxicating malt liquor with intent to consume the same at a place other than the household of his parent or guardian. Possession of such non - intoxicating malt liquor at a place other than the household of his parent or guardian shall be prima facia evidence of intent to consume the same at a place other than the household of his parent or guardian. Subd. 4. Licensee or his employee to sell or serve non - intoxicating malt liquor to any person under the State established legal drinking age, to consume non -intoxicating malt liquor on the licensed premises, or to permit any person under the state established legal drinking age to loiter or to remain in the room where on -sale non -intoxicating malt liquor is being sold or served unless accompanied by his parent or legal guardian. Subd. 5. Person under the State established legal drinking age to purchase non -intoxicating malt liquor either directly from a licensee, or procure from another, not his parent or guardian, to procure non -intoxicating malt liquor for him. Subd. 6. Minor to misrepresent his age for the purpose of obtaining intoxicating or non -intoxicating malt liquor. Subd 7. Person under the State established legal drinking age to consume intoxicating liquor. Subd. 8. Person under the State established legal drinking age to have intoxicating liquor in his possession. Subd. 9. Person under the State established legal drinking age to enter licensed premises for the purpose of purchasing or procuring intoxicating liquor. Subd. 10. Person to knowingly induce another to make an illegal sale or purchase of intoxicating liquor or non - intoxicating liquor. Subd. 11. Licensee to sell intoxicating liquor or non - intoxicating liquor on any day, or during any hour, when sales of liquor are not permitted by law. Subd. 12. Person to purchase intoxicating liquor or non -intoxicating liquor on any day, or during any hours, when sales of liquor are not permitted by law. §4.17 Subd. 13. Person under the State established legal drinking age to be in or upon licensed intoxicating liquor premises except a restaurant, hotel or motel, and then only if accompanied by at least one of his parents or his guardian; and it is unlawful for the licensee to permit such person to remain upon licensed premises. Subd. 14. Licensee to sell or serve intoxicating liquor or non -intoxicating liquor to any person who is obviously intoxicated. Subd. 15. Licensee to sell or serve intoxicating liquor to any person under the State established legal drinking age. Subd. 16. Person to furnish, purchase or procure intoxicating liquor for a person under the State established legal drinking aqe. Subd. 17. Person under the State established legal drinking age to purchase intoxicating liquor, or procure another to purchase intoxicating liquor for him. Subd. 16. Licensee to sell wine except in conjunction with the sale of food. NON -INTOXICATING MALT LIQUOR SEC. 4.20. NON -INTOXICATING MALT LIQUOR LICENSE REQUIRED. It is unlawful for any person to sell, keep, or offer for sale, any non-intoxic-,`.ing malt liquor without a license therefor from the City. This S?ction shall not apply to sales by manufacturers to wholesalers or to sales by wholesalers to persons holding off - sale non -intoxicating malt liquor licenses from the City. SEC. 4.21. TEMPORARY NON -INTOXICATING MALT LIQUOR LICENSE. Subd. 1. Applicant. A club or charitable, religious, or non-profit organization, duly incorporated as a non-profit or religious corporation under the laws of the State of Minnesota, and the City, shall qualify :or a temporary on -sale non - intoxicating malt liquor license, for serving non -intoxicating malt liquor. Licenses may be issued for serving, in addition to other premises, cn and off school grounds, and in and out of school buildings. Subd. 2. Conditions. A. An application for a temporary license shall state the exact dates and place of proposed temporary sale. B. No applicant shall qualify for a temporary license or more than a total of seven (7) days in any calendar year. C. The Council may, but an no time sha11 it be under any obligation whatsoever to, grant a temporary non - intoxicating malt liquor license on prcmises owned or controlled by the City. Any such license may Le condi tionec', qualified or restricted as the Council sees fit. If the premises to be licensed are owned or under the control of the City, the applicant shall file with the City, prior to issuance of the license, a certificate of liability insurance coverage in at least the sum of $300,000.00 for injury to any one person and $500,000.00 for injury to more than ona person, naming the City as an insured during the license period. SEC. 4.22. NON -INTOXICATING MALT LIQUOR LICENSE RESTRICTIONS AND REGULATIONS. Subd. 1. No gambling or gambling device shall be permitted on any licensed premier, except such as are licensed under the City Code. Subd. 2. No lic ee shall, during the effective period of such license, be the owner or holder of a Federal retail liquor dealer's tax stamp for the sale of intoxicating liquor, unless such owner or holder also holds a liquor license from the City, and ownership or holding thereof shall be grounds for immediate revocation, without a hearing. Subd. 3. No license shall be granted to a wholesaler or manufacturer of beer or to anyone holding a financial interest in such manufacture or wholesaling. Subd. 4. No person who has not attained the age of nineteen (19) } ears shall be employed to sell or serve beer in any on -sale establishment. Subd. 5. Every license shall be granted subject to the provisions of this Chapter and all other applicable provisions of the City Cod, and other laws relating to the operation of licensee's business. Subd. 6. On -sale licenses shall be granted only to drug stores, restaurants, hotels and bona fide clubs. Subd. 7. Any person who sells non -intoxicating malt liquor while holding or exhibiting in his place of business a federal retail liquor dealer special tax stamp without having a intoxicating license shall be 3uilty of a misdemeanor. SEC. 4.23. HOURi; AND DAYS OF NON -INTOXICATING MALT LIQUOR SALES. No sale of non -intoxicating malt liquor shall be made between the hours of 1:00 o'clock a.m. and 8:00 o'clock A.M. on any weekday, Monday through Saturday, inclusive. Neither shall any sale be made on any Sunday between the hours of 1:00 o'clock A.M. and 12:00 o'c"_ock noon. SEC. 4.24. UNLAWFUL ACTS (NON -INTOXICATING MALT LIQUOR). For the purpose of this Section, refer to Section 4.1.7. INTOXICATING LIQUOR § 4.30 SEC. 4.30. LIQUOR LICENSE REQUIRED. It is unlawful for any person to sell, or keep or offer for sale, any liquor without a license therefor from the City. This Section shall n-t apply (1) to possession or handling for sale or otherwise of sacs rental wine by any representative of any religious order or for use in connec- tion with a legitimate religious ceremony, (2) to such potable liquors as are prescribed by licensed physicians and dentists for therapeutic purposes, (3) to industrial alcohol and its compounds not prepared or used for beverage purposes, (4) to wire in the possession of a person duly licensed under this Chapter as an on - sale wine licensee, or (5) to sales by manufacturers to wholesalers duly licensed as such by the State of Minnesota and to sales by wholesalers to persons holding on -sale licenses from the amity. SEC. 4.31. LIQUOR LICENSE RESTRICTIONS AND REGULATIONS. GENERAL PROVISIONS Subd. 1. Prior t, issuance of any on -sale license the applicant shall file with the City Clerk a bond with a corporate surety, cash, or United States government bonds in the sum of $3,000.00. Subd. 2. No license shall be granted to a wholesaler or manufacturer of liquor, or to anyone holding a financial interest in Bach manufacture or wholesaling. Subd. 3. No license shall be effective until a permit shall be issued to a licensee under the laws of the United States, if such permit be required under such laws of the State of Minnesota. Subr3. 4. No gambling or gambling device shall be permitted on any licensed premises, except such as are licensed under the City Code. Subd. 5. No licensee shall se'_ 1 , offer for sale, or keep for sale, liquor in any original package which has been refilled or partly refilled. Subd. 6. No licensee shall display liquor to the public during tours when the sale of liquor is prohibited. Subd. 7. No more than one license shall he held by any person. Except as provide(] in Section 4.05 for the purpose of this Subdivision, any person owning a beneficial interest of five percent, or more, of any licensed establishment shall be considered a licensee. Sut-d. 8. Thr, Council may issue the number of licenses authorized by statute or restrict such number from time to time as it may, in its discretion, deem proper. § 4 . 3 1 Subd. 9. The business records of the licensee, including, Federal and State tax returns, shall be available for inspection by the Council, or other duly authorized respresentative of the City, at all reasonable times. Subd. 10. Proposed enlargement, alteration or extension of premises previously licensed shall be reported to the City Clerk at or before the time application is made for a bui l-ling permit for any such change. Subd. 11. Every license shall be granted subject to the provisions of the Chapter and all other applicable provisions of the City Code and other laws relating to the operation of the licensed business. ON -SALE LIQUOR AND WINE Subd. 12. No person under the age of eighteen (18) years shall be employed upon premises, or in any rooms constituting the same, except thatpersons under the age of eighteen years may be employed as musiciars or to perform the duties of a busboy or dishwashing services in places defined as a restaurant, hotel or motel. Subd. 13. On -sale licenses shall be granted only to hotels, motels, restaurants and bona fide cJ.ubs. Subd. 14. No on -sale license shall be granted for a restaurant or hotel whi �h does not have a total market value, including Land, building and equipment of at least $200,000.00, nor shall a Sunday sale license be granted to a restaurant or hotel which does not have - total market value, including land, building and equipment of a,. 'east $500,000.00, as appraised by the City Assessor, except tha. e Council may grant a license where the total market. value is than the required value on the condition that the establish, ` be improved within five years to the required market value, n., including an increase in value caused by the original granting of he liquor license. Subd. 15. No license renewal , .�pl ication shall be considered by the Council until the applicant has filed with the City Clerk a statement made by a certified public accountant, showing the total gross sales and the total food sales of the restaurant for the twelve-month period immediately preceding the date for filing renewal applications. Subd. 16. No on -sale license shall be granted to a restaurant or hotel unless located in a B-1 Commercial Business District. Subd. 17. No sa ic. of liquor shall be made to or in quest rooms oi. hotels, unless the rules of such hotels provide for service of food in quest rooms,, and unless, the sale accompanies and is incident to the reel.,,l,ar service of meals tc. guests therein. §4.31 OFF -SALE LIQUOR AND WINE. Subd. 18. An off -sale licensee may provide samples of wine, liqueurs, and cordials which the licensee currently has in stock and is offered to the general public without obtaining an additional license providing that the wine, liqueur, and cordial samples are dispensed at no charge and consumed on a licensed premise during the permitted hours of off -sale in a quantity less than 50 milliliters of wine per variety per customer, and 25 milliliters of liqueur or cordial per variety per customer. Subd. 19. No off -sale licensee, his agent or employee shall deliver any intoxicating liquor to or at any place or premises without obtaining a receipt therefor, signed by the person receiving such liquor and bearing the time, date and place of delivery. Such receipts shall be kept in the files of the licensee for a period of one year and such files and receipts shall be kept available for inspection by the license examiner or designated employee Et all hours during which the licensed premises is open for b..-,iness. SEC. 4.32. HOURS AND DAYS OF LIQUOR SALES. Sub6. 1. On -sale. No on -sale of liquor shall be made between 1:0c o'clock A.M. on Sunday, nor until 8:00 o'clock A.M. on Monday, nor after 8:00 o'clock P.M. on December 24. No on - sale of liquor shall be ma atween the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. o. f weekday or Saturday. S d. 2. Off -sale. No off -sale shall be made before 8:00 o'c� r_ A.M. or after 8:00 o'clock P.M. of any c:ay, except Friday and Saturday on which days off -sale may be made unti 10:00 o'clock P.M. No off -sale shallb c. made on New Year's Day January 1; Independence Day, July 4; Thar'sgiving Day; Christmas Day, December 25; but on the evenings preceding sL, clays, if the sale of liquor is not otherwise prohibited on si evenings, off -sales may be made until 10:00 o'clock P.M. SEC. 4.33. SUNDAY SALES. Notwithstanding anything herein to the contrary, a Sunday on -sale license may be issued to hotels, motels and r-staurants, as herein defined, which have on - sale liquor liven F , to serve liquor between the hours of 10:00 o'clock A.M. and i :00 o'clock midnight on Sundays in coniunction with the servir, of food, provided that the i ^Pr -.lee establi. ,!ment s i conformance with the Minnesota Clea. ),")r Air Act. SEC. 4.34. UNLAWFUL ACTS (LIQUOR). For the -purpose c < Lis Section, refer to S. ction 4.17. § 4.40 SEC. 4.40. ON -SALE WINE. Subd. 1. On -Sale Wine License Required. It is unlawful for any person to sell, or keep or offer for sale, any wine without a license therefor from the Ci.ty. This Section shall not apply (11 to possession or handling for sale or otherwise of sacramental wine by any representative of any religious order or for use in connec- tion with a legitimate religious ceremony, (2) to sales by manufa, turers to wholesalers duly licensed as such by the State of Minnesota, (3) to sales by wholesalers to persons holding on -sale or off -sale liquor licenses from the City, or (4) to sales by wholesalers to persons holding on-sa'- wine licenses from the City. Subd. 2. Cn-Sate Wine License Restrictions and Regulations. A. Prior to i-5uance of any on -sale wine license, the applicant shall file with the City Clerk a bond with a corporate surety, cash, or United States government bonds in the sum of $3,000.00. B. No license shall be granted to a wholesaler or manufacturer of wine, or to anyone holding a financial interest in such manufacture or wholesaling. C. No license shall be effective until a permit shall be issueu to a licensee under the laws of the United States, if such permit be required under such laws or. the State or Minnesota. G. No gambling or gambling device shall be permitted on any licensed premises, except such as are licensed under the City Code. Z. No person under the age of eighteen (18) years shall be employed upon premises, or in any rooms constituting the same, except that persons under the age of eighteen: years may be employed as musicians or to perform the duties of a busperson or dishwasher in places defined as a restaurant. Persons under eighteen years of age may be employed as waiters or waitresses in places defined as a restaurant, hotel or motel to serve food in rooms in which only wine is sold on -sale, provided they shall not be permitted to serve or sell wine. F. No licensee shall display wine to the public on days or during hours when the sale of wine is prohibited. G. No more than one license shall be held by any person. For the purpose of this Subparagraph, any person owning a beneficial interest of five percent, or more, of any licensed establishment shall be considered a licensee. ORONO CC 5 4.40 H. On -Cale wine licenses shall be granted only to restaurants as defined in this Chapter. Provided, however, for purposes of this Section, such restaurant shall have appropriate facilities for seating not less than twenty-five guests at or,: time. I. Every license shall be granted subject to the provisions of this Chapter and all other applicable provisions of the Ci`.y Code and other laws relating to the operation of the licensed business. SEC. 4.41. HOURS AND DAYS OF SALES BY ON -SALE WINE LICENSEES. No sale of wine shall be made between 1:00 o'clock A.M. and ] 2:00 noon on Sunday, nor between 12:00 o'clock midnight and 8:00 o'clock A.M. on Monday, nor between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. on any weekday including Saturday, nor between the hours of 8:00 o'clock P.M. on December 24 and 1:00 o'clock A.M. on December 25. SEC. 4.42. UNLAWFUL ACTS (WINE). For the purpose of this Section, refer to Section 4.17. BOTTLE AND CLUB LICENSES SEC. 4.50. ADDITIONAL CLUB LICENSEE RESTRICTIONS AND REGULATIONS, AND UNLAWFUL ACTS. Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated: A. "Member" means any person in good standing according to rules and regulations of the licensed club, wherever located, having evidence of current membership upon his person. B. "Guest" means a person not a member of the club licensee but present on the club premises in the company of a host member. C. "Hos c member" means a member who is entertaining a guest who is in the member's company at all times such guest is on the licensed premises. Subd. 2. Unlawful Acts. The following are in addition to all other unlawful acts set forth in this Chapter relating to sales and purchases of beer or liquor, as the case may be: A. It is unlawful for a club licensee to sell liquor or beer to any perso►i not a member of the licensed club. B. It is unlawful f any club licensee to serve beer or liquor to any non-member of the licensed club unless such non-member is a guest. r.. It is unlawful for any person who is ;;ot a member of the licensed club to purchase liquor or beer from the club. D. It is unlawful for any club licensee to hinder or prevent a police officer from determining compliance -.ith this Section and Chapter, and all other laws. r. It ir, unlawful for any person to refuse, upon request of a licensee or police officer, to provide information as to whether tie or she ].s a member, guest or host member, or to give false, fraudulent or misleading information in response to such request. Soarce: City Code Effe-'ire Date: n-1-84 (Sections 4.51 through 4.59, inclusive, reserved for future expansion.) ORONO CC § 4.60 SEC. 4.60. CONSUMPTION AND DISPLAY. Subd. 1. Definition. For purposes of this Section, the term "bottle club" is a "club" as defined in this Chapter, or an unincorporated society which, except for its lack of incorporation, otherwise meets the requirements of a club, and which is not otherwise licensed for the sale of liquor, either on -sale or off - sale or both. Subd. 2. Consumption and Display License Required. It is unlawful for any bottle club or for any business establishment to allow the consumption or display of- liquor o: the serving of any liquid for the purpose of mixing liquor without a license therefor from the City, but a bottle club as herein defined and licensed may permit its members to bring and keep a personal supply of liquor in lockers assigned to such members. Subd. 3. Consumption and Display Restrictions and Regulations. A. Every bottle, container or other receptacle containing liquor stored by a member of a bottle club shall have attached to it a label signed +-he member of the club, shall be kept in a locker designated to ti. ie of such member, and no other liquor shall be on bottle club premises. B. It is unlawful for any club member under the State established legal drinking age to be assigned a locker for the storage of liquor or to consume or display liquor on any premises under control by such club. C. It is unlawful to consume or allow consumption or display of liquor in any bottle club or business establishment between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M., nor between the hours of 1:00 o'clock A.M. and 3:00 o'clock P.M. on Memorial Day; D. No license shall be issued to any bottle club when a member of the board, management, executive committee, or other similar body chosen by its members, or when a business establishment or the owner thereof holds a Federal retail liquor dealer's special tax stamp for the sale of liquor. E. Liquor sold, served or displayed in violation of this Ordinance shall be subject to seizure for purposes of evidence. Subd. 4. State Permit Required. It is unlawful for any person or business establishment, directly or indirectly, or upon any pretense or by any device, to allow the consumption or display C of liquor or the serving of any liquid for the purpose of mixing of liquor without first having obtained a permit therefor from the State of Minnesota. ORONO CC U §4.61 SRC. 4.61. CONSUMPTION AND DISPLAY - ONE DAY LICENSE. Subd. 1. License Required. Any non-profit organization desiring to serve liquids for the purpose of mixing with liquor and permitting the consumption and display of liquor in conjunction with a social activity sponsored by it, shall first obtain a license therefor from the City. It is unlawful for any such organization to fail to obtain such license. Subd. 2. Term. The term of such license shall be one day only. Subd. 3. Limitation on Number. No more than ten such licenses shaJ1 be issued l:y the City in any calendar year. Subd. 4. License Fee. The fee for such one -.day license is $25.00. Subd. 5. Approval. In addition to Council approval, such license must be approved by the Commissioner of Public Safety. Subd. 6. Unlawful Acts. Consumption under this provision is subject to all unlawful acts in this Chapter. Source: City Code Effective Date: 4-1-84 (Sections 4.62 through 4.69, inclusive, reserved for future expansion.) SEC. 4.70. MUNICIPAL LIQJOR STORE. DELETED. Effective upon sale and closing of the Municipal Liquor Store. /V 122986.9 TO: Mayor and City Council12 1587 V FROM: Mark Bernhardson, City Administrator�V"i.J DATE: December 29, 1986 SUBJECT: 1987 Strategic Plan ATTACHEMENT•S: A. Proposed Timetable for 1987 Short Term Objectives ISSUE — Adoption of the timetable for short term objectives as the implementing step for the 1987 strategic planning document. INTRODUCTIO_N — Attachment A outlines the recommended timelines to be met ^for the strategic planning process for 1987. Once adopted these will be the basis for staff's work in re�ationship to this plan. RECOMMENDATIOP — It is recommended that the Council adopt Attachment A as it's timetable and that it be incorporated in the Administrator/Council goal setting at this time and during the review in April 1987. PROPOSED MOTION — 11oved by , seconded by , to adopt Attachement A as the strategic pl- anning short term objectives for 1987 and that these be incorporated in the Coun::i1/Administrator's goal setting in April 1987. Ayes Nays 122986.9a(34) Adopted 11/10/86 SHORT TERM OBJECTIVES 1. Conclude Highway 12 Study 11/20/86 Comprehensive Plan Amendment Completion 5/89 Zoning Amendment Adoption 2. Commence County 15/Navarre Rehabilitation 2/87 3. Continue Facilities Study 1.-6/37 Space Study Consideration 4. Complete Stubb's Bay Sewer Evaluation 4/07 5. Resolve Liquor Store Continuation or Sale 12/8/86 - Direction to sell Complete Sale by 6/81 6. Commence Storm Water Management to Comply with Mandate 2/87 7. Develcj. Long Range Financial Policies aiid Plan 5/87 8. Define With Whom and on Which Issues Orono Should Cooperate To Inc -ease Clout 4/87 9. Develop a Revised Use of Planning Commission 5/87 10. Continue Development of Community Transportation Plan 2/8'T 1787.1 MEETING TO: Mayor and City Council J AU 121987 FROM- Mark Bernhardson, City Administratori"3 DATE: January 7, 1987 i.MY Or OR®NO SUBJECT: Subdivision Application Extension — Richard Keaveny File #980 Attachment: A.) Keaveny Letter Dated 12/29/86 ISSUE — Whether the Council desires to extend the preliminiary 'subdi-vision approval 18U days from January 13, 1987 to July 12, 1987. DISCUSSION — Mr. Keaveny was originally granted subdivision approval for dividing off the eastern portion of his lot on which the abandon gas station sets. As you may recall the original proposal for this was for a fast food Chicken Restaurant to be put there, however the individual who initially desired to do that withdrew because of other business considerations. In the meantime Mr. Keaveny has been looking for a new buyer of the property. Ine of reasons for the extension is Mr. Keaveny interested in selling the property to a purchaser who would demolish the current structure. This acquisition is tied into the conversion of the municipal liquor to off —sale liquor. RECO_MMENDATION — That a 90 day extension be granted until the _ City finalizes the process for the sale of the municipal liquor store and that it be reviewed for a possible further extension. PROPOSED MOTION — Moved by _ , seconded by the Orono Council extends the expiration dead 1 ine for Mr. Keaveny's preliminary subdivision from January 13, 10,87 to April 13, 1987. Ayes Nays December 29,1986 City Council City of Orono P.C. Box 66 Crystal Bay, ME, 55 23 Honorable Mayor and Council Members I would like to request an extension of my subdivision application (zoning file ro. 980), w':ich will expire on January 171. 1987. I now have another interested p=,rty who, with council approval, would remove the present gas station building and build a new facility. A 160 day extension would allow us to finalize the sale and complete the required documents. Assuming all approvals are obtained by the rurchacer, I believe this will be in the best interest of the City of Orono and the 1`ivarre business ,rea. merely Yours ` 1Ric%herd r`7Keaven-~ Y �__� 1787.5 /6 TO: Mark Bernhardson, City Administrator JAN 121987 FROM: Tom Kuehn, Finance Director �/1� � � JF fiRONO DATE: January 7, 1987 SUBJECT: Insurance Renewals - Worker's Compensation and Additional Umbrella Liability At the December 8, 1986 Council meeting the various insurance renewals were approved for 1987 except for worker's compensation insurance and the additional $1,000,000 umbrella liability, because rates were not available at that time. We have received the following rates for the two policies - worker's compenstion from the League of Minnesota Insurance Trust $53,751; and umbrella liability increasing coverage from $1,000,000 to $2,000,000 for an additional premium of $3,586. The cost of the two policies is $59,337 which brings the total insurance costs for 1987 to $137,687 compared to the total amounts budgeted of $150,405. It is recommended that Council award the worker's compensation and additional umbrella liability to the League of Minnesota Cities Insurance Trust. TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator', Foi d recommending approval. PROPC' . AOTION - Moved by seconded y to award the worker,. ompensation and additional umbrella liability policies in the amount of $59.337 to the League of Minnesota Cities Insurance Trust for policy year 1987 effective January 1, 1987. Ayes Nays MEUING To: Mark E. Bernhardson, City Administrator From: John R. Gerhardscn, Public Wcrks Coordinator ', 12 11187 Date: January 6, 1987 CY 'T ORONO Subject: Park Name "Livingston Tower Park" Currently the City of Orono owns a small parcel of land adjacent to the water treatment plant at the corner of Blaine Avenue and Livingston Avenue in Navarre (see attached sketch). The parcel of land was acquired by the City from Schlee developers in lieu of Park Dedication monies. Because the parcel of land is designated for park use and is being developed, it is necessary to establish a name for the property. At a regular Park Commission meeting on December 1, 1986, the Park Commission voted to recommend to the Orono Council that the parcel be designated as "Livingston Tower !lark". RECOMMENDATION: That. the Orono Council formally designate the parcel of City property adjacPrt to the water treatment plant at the corner of Livingston Aven,,., and Blaine Avenue as "Livingston Tower Park". PROPOSED MOTION: Moved by seconded by , to designate the City property at the above mentioned location as "Livingston. Tower Park". Ayes __, nays TO: Mayor and City Council FROM: Mark Bernhardson, city Administrator`; �J Forwarded recorrunendinn appro�. al . p oPos` p �p� ie C #4AN(.,G- 1, FROM MoA9l6 PAAK )*o gip, III- C,I SuoL , (TRIE&N Nc 1=E 3..4,teF.4 141 A 4. QuLow SOME PARK f3E N c N ES O " Ckm 1 .-A.Air, �pllw 9 A 1 i t. f ` .-- ! L. kje-NuL:� "81�1 UJ1. C MEETING TO: Mark Bernhardson, City Administrator FROM: John R. Gerhardson, Public Works Coordinator JAN 121987 DATE: Janua z y 8, 198'1 CITY Y OF GGONO SUPT- MNDOT Agreement - Federal Funding Attached for review and approval is an agreement which allows the MinnLsota Department of Transportation to act as the agent for the City of Orono to receive Federa? funding for Road & Bridge project:-,. The City of Orono currently has an agreement with MNDOT but, as explained in the letter from the engineer, the audit requir, .i have ch«nged from the previous agreement, therefore the na( to Enter nto a new ag" eemr- * . The au(, t requirements have beon reviewed by Ci'--•'- einance Director and it has been determined that the - ements are not unusual and will not require addit.ioto the City. - commendatiun - That the Council approve t '.e agreement with :DO°' to act as tha City's agent for Federal .unding for Road & oridge projects. Proposed Notion - .dove:: by seconded by , to approve the agreement with MNDOT to act as the City's agent to acquire feral funding for Ro.-I & Bridge projects. Motion, Ayes _, Nays TO: Mayor and -ity Council FROM: Mark Bernharc or., -'i'-v Administrator; v Attachment )ok Letter Dateci ANDOT Agreement '�•orm ! r '-ederal Bridac ' Sing Funds Forwaided recommendine-r approval, -, ; C' ty i5 i.nteresIr , obtainin certain funds for replacement of L-..,c:!es pz,tcicu' ._,y of bridges over Burl inc.ton N,-rihern t .t arks . Bonestroo, Rosene. 4nderlik & Associates, Inc. 2335 W, Trunk Highway 36 Engineers & Architects St. Paul, MN 55113 612.636.4600 December 12, 1986 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Mr. John Gerhardson Re: File No. 13901 Municipal Aget.,:y Agreement Dear Mr. Gerhardson: Unn G. Bannnuu, P.E Ruben W. Xuurnr, P.I Joseph C Andnllk, P.I Brad/wd A. I mbNR, P. L- Ruhard L. I'sunrr, P.L. James C. Olson, P E. i� �. DEC 15 PA Glenn R. Cuuk, P.E. Aruh A Gwdun, P.l. thumas !. Nuyrs, P 1. Rn hard N', Fosse. PL'. Robert G. schann At. P.E. Alarnn L. sarw4. P.E. Donald C. BwSords, P.E. Jerry A. Boardun, P.E. Nark A. Nansua, P.E. J K. Eirld, P.E. rbcharl T Rewimaan, P.E ZRP bin R PJeJJrde . L rul O. Luslura, P.E. /hums W. Pflf~, P.E. Ma heel C. Lynch. P. E. Karen L. Wdlu, P.E. James R. Makad. P E. Kenneth P. Amknun. P.E. Keith A. Bushman, P.L. Mark R. Rol/s. P.E. Ruben C. Raswk, A. IA. I homas E. AR/as. P. E. S.ws L. Yount. PL. Charks A. Lraksun Lru At Puwr4ky Madan Al. Olson Susan W. Ebrrbn Enclosed please find an agency agreement which should be approved by the city council and submitted to Mn/DOT. The agreement allows Mn/DOT to act for the City or federal aid road and bridge projects. The only s,gnificant change in the agreement is on page 10 and 11 which deals with the audit requirements. Please approve, sign both copies of the agreement and mail to Goc M. Fay, transportation Building, St. Paul, MN 55155. If you have any questions, please contact this office. Yours very truly, BONE ROO, ROSENE, awDERLIK b NSSOCIA-ES, INC. Glenn R. Cook C _i Encl. 1O77e 30 Year Anniversary Revised ll/) 86 Office of -:te Aid MINNESOTA DEPARTMENT OF TRANSFJRTATION AGENCY AGREEMENT This Agreement made an•i entecea into by and between the City of herein after r-ferry-,' to as the "City" and the Commissioner of Transportation of the State of Minnesota hereinafter referred to as the "Commissioner", WITNESSETH: WHEREAS, pursuant to 'M.S. 161..36 the City of _ desires the Commissioner to act as its agent in accepting federal aid on the City's behalf, for road and bridge construction and in contracting for the construction, improvement or maintenance of roads or bridges financed either in whole or part with federal moneys: and 4HEREAS, M.S. 161.36, Subdivision 2, requires that the terms and condition of the agency oe set forth in an agreement: NOW, THEN, IT IS AGREED: - 1 - That pursuant to M.S. 161.36, the City does hereby at--,.)int the Commissioner its agent with respect to all federally funded ,rojects, to accept and receive all federal funds -aade available for said projects and to :.(,t contracts pursuant to law for the construction and improvement of local roads and bridges. Each contract will be in accordance with plans and speeia' provisions for said projects on file in the Department of Transportation, State Transportation Building, St. Paul, Minnesota Page No. 1 55155, and the latest edition of "Standard Specifications for Highway Construction" and all amendments thereof, which said plans, special provisions anU specifications are made a part of this agreement by reference as though fully set forth herein. In the letting of said contract, it is hereby agreed that the following procedures shall be followed, to -wit: (a) The Commissioner shall cause the advertisements calling for bids on said work to be published in the Construction Bulletin. He shall also cause advertisements for bids to be published in tij officially designated newspaper of the City. Said advertisement or call for bids shall specify that sealed proposals or bids will be received by the City Purchasing Agent on behalf of the Commissioner ds agent of said City. Proposals, plans and specifications shall be available for the inspection of prospective bidders at the Department of Transportation, St. Paul, Minnesota 55155, and at the office of said City Purchasing Agent and the advertisement shall so state. The bids received in response to said advertisements for bids shall be opened for and on behalf of the Commissioner by a District Director of the Department of Transportation or such other engineer of the Department of Transportation as may be from time to time elected by the Commissioner. After said bids shall have been opened, the C y Council shall first consider the same and thereupon transmit to the Commissioner all bids receivedi together with its recommendation that the lowest bid submitted by a responsible bidder be accepted or that all bids be rejected. upon receipt c Page No. 2 all said bids, the Commissioner shall duly cause all of said bids to be tabulated and shall thereupon determine who is the lowest responsibl tjiuder and shall award the contract to the lowest responsible bidder or shall reject all bids. (b) The Commissioner shall supervise and have charge of the construction of said projects after the same has been le The City agrees to furnish its City Engineer or other registered engineer and assign him to the active supervision and direction of the work to be performed under any contract let for the aforesaid projects. Said engineer so assigned shall act under the supervision and direction of the Commissioner. The City further agrees to furnish such other personnel, services, supplies and equipment as shall be necessary in order to properly supervise and carry on said work. (c) The Commissioner may make changes in the plans or the character of the work as shall be recommended by the engineer in charge of the work. If he concurs in such recommendations, the Commissioner may enter into, fir and on behalf of the City, supplemental agreements with the contractor for the performance of any extra work or work occasioned by any necessary, advantageous, or desirable change in plans or construction. It is understood by the City that the Commissioner cannot personally investigate and pass judgment on the various items of extra work and plan changes recessary and desirable during the construction of the projects but that he must delegate such duties to engineers under his supervision and control that Page No. are employed by the Minnesota Department of Transpu;,tation. The City does hereby authorize these engineers, so delegated by the Commissioner, to enter into, for and on behalf of the City, the supplemental agreements specified in the preceding paragraph hereof. (d) The City here' authori�� its City Engineer, for and on behalf of the City, from time r .ne, firing the progress of the work on said projects, to regvest the -1missioner to furnish for use on said projects specific enginering services to be performed by skilled employees of the Minnesota Department of Transportation. The Commissioner mey but is not obligated to furnish the services so requested. It the Commissioner in compliance with such request shall furnish for the use of the City on said project the services of any Minnesota Department of Transportation Pmoloyee, then and in that event, the City agrees to reimburse the Trunk Highway Fund for the full cost and expense of the furnishing of such servic:�s includinc all costs and expenses of any kind or nature whatsoever arising out of, connected with, or incidental to the furnishing of such services. (e) The Commissioner shall receive the funds to be paid by the City and the funds to be paid by the United States as rederal aid funds, fDr said projects and to pay therefrom when due any and all sums that may become due the contractor to whom the contract is awarded, and upon final completion and acceptan:e of the work, to pay from said funds the final estimate to said contractor for said crock. Page No. 4 ( f ) The Conmissione. shall perform on behalf of the City all other acts and things necessary to cause said projects to be completed in a satisfactory manner. (gl The Commissioner may enter into any agreement for and on behalf of the City with the United States or any officer or agent th,reof that may, be required or necessary for the purpose of procuring and actually, causing to be paid the federal aid funds availa''-1 for said projects and to that end to bind and commit the City in such agreement zo the performance of any and all things required by any law of the United States or of any rule and regulation issued by federal authority pertaining thereto necessary for the purpose of procuring and having paid the federal a.Ld available for said projects. (h) it is the pol;cy of the United States Department if Transportation and the Minnesota° r-,oart:uent of Transportation thc.t Disadvantaged Business En _.prises and Women Business Enterprises as defined in 49 CFR, Part 23, shall. have the maximum opportunity to participate in the performance of contracts financed in whole or in part ,,ith federal funds. ConsequTntly, the requirements of 49 CER, Part 23, apply t, 11.his agreement. In this regard, the Commissioner and the City shall take all necessary and reasonable steps in accordance with 49 CFR, Part 23, to insure that Disadvantaged Business Enterprises and Women Enterprises have the maximum �,v,,ortunity to compete for and perform on contracts and subcontracts. The Commissioner and the City shall not discriminate on the basis of race, color, ati.onal origin, or sex Page No. 5 in the award and performance of federally funded contracts. Failure to carry out :he above rep shall constitute a breach of this agreement and mal result �n teLminat'on of the agreement or other such remedy that the Commissioner deems appropriate. (i) The Commissioner may perform on behalf of the City any other and further acts as may be necessary or required under any law of the United States or of any rule or regulation issued by proper 3eral authority in order to cause said projects to be comolete-i 13 to obtain and receive the federal aid made available therefor. 2 - The City agrees that it will from time to time, after the execution of this agreement, make such reports, keep such records and perform slich work in such manner mid time as the Commissioner shall from time to time request and direct so as to enable the Commissioner as its agent to collect for it the federal aid sought. Said records and reports shall be retained by the City in accordance with the Commissioner's record re�ention schedule for federal aid projects. - 3 - It is anticipated that the United States will pay to the Commissioner as the agent of the City, the federal aid funds available to said City toward the construction of said projects. It is further anticipated that the contracts to be Lit by the Commissioner as the agent of the City, nor the construction of Page No. 6 said projects shall provide that r:.e contractor, as the work progresses, shall, from time to time, oe paid partial payments designated in said contract as partial estimates and on the complet.i.on and acc:eEtance of sairl w�,,K to be paid a final payment designated in said contract as a final estimate for all work performed. The City further agrees that any City funds and/or Municipal State Aid funds to be applied to any contract covered by this agreement shall be deposited with the Commissioner in accordance with Minnesota Rules Chapter 3820.1500 Subp. 3. At regular monthly intervals after contractors shall have started work under contracts ?et by the Commissioner as agent for the City for the construction of said projects, the engineer assigned to and in charge of said work stall prepare parti_- estimates in accordance with the terms of said contracts let for said proi-cts and the procedures e:.tablished by the Office of Contract Adminisurat-;•z and Mairtenance, Minnes(-)ta Department of Transportation. The slid engineer in charge of said work shall immediat•?ly after prepar:.ng -a^h partial estimate, transmit the same to the Commissioner in duplicate. Each such partial estimate, shall be certified by the engineer in charge and by the contractor ncrforming such work The said engineer assigned to and in c,`.ar;e of sa,.! work shall also prepare and submit to the Commissi,anc• the final estimate data, together with the required project records in accordance with t e terms of said contracts let for said projects. Quantities listed -id partial and final Paq., '70. 7 e3timates shall be documented in accordant, .vlth the guidelines set forth in the applicable documentation manual. After the approved final estimate has been submitted to the Commissioner, the City will pay to the Commissioner any additional amount which together with the federal funds received for that project will be sufficient to pay all the contract costs of the project - 4 - When the contractor shall have completed the Mork on said projects, the City agrees to inspect the same and forthwith upo- the completion of said inspection advise the C ommi..ioner whether or not the work performed should be, by the Commissioner as its agent, accepted as being performed in a satisfactory manner. In the event the City slAould, after said inspection, recommend to the Commissioner that he should not ac iid work, then the City shall at the time such recommendation is made specify in particularity the defects in said work and the reasons why ".e work should not be accepted It is further agreed that any recommendations made by the City are not binding on the Commissioner jut that he shall have the right to determine whether or not the work has been accep,ably performed and to accep�. or reject the work pe�formec. coder any said contract. - 5 - It is furt:ier :-;reed that the decision of the CommisslnneL UPI the 3Vveral mi" te, c ner_'4 sc— ,Drth shall be final, binding any. conclusive (_n thi, ies hereto. psge No. 8 - 6 - It is anticipated that the entire cost of said projects is6 tL, be 'aid from funds made available by the United States, by Tray of fec,�. '*1 aid, and by the City. If for any reason the Uuil. ^d States fail-, t-:7 -ay any part of the cost or expense of said projects, t+ :n that event the City agr.e-s to pay same. The City furtne_ ac;rees to pay any and all 13wful claims or demands of any k:.nd or nature whatsoever arising out of or incidental to the performance of the work under any contract let for said projects in the event that the United States doe, rot pay the same, and in all. events, agrees to save the: State of 'riinnesota and the Commissioner harmless from said claims and from a claims arising out of this agreement and co pay any and all expenses and costs connected with said projects or the construction thereof wnic:h the United States does not pay. - 7 - The City further agrees that: 1) All right--of-way acquisition and relocation will ' conducted in 'cc--_incc wi.i.h 49 CFR Past 25. Procedures implementing their r,- :on are contained in—../!OT State Aid Manual, t:hapter 5-892.310. (Ldditional guidance may be obtained by referring to the FHWl!'s _ Es,.dte Acquisition -,ui .e for ' ocal Public Agencies). 2) If "he Citv rec?. es total direc -nd ind_:--!CL federal assis nC. Pa.ae No. 9 A. $100,000 or more per year, the City agrees to obtain a financial and compliance audit made in accordance with the Single Audit Act of 1984 (P.L. 98-502) and Office of Management and Budget (OMB) Circular A-128. The law and circular provide that the audit shall cover the entire operations of the City government or, at the option of the City government, it may cover departments, agencies or establishi..ents that received, expended, or otherwise administered federal financial assistance during the year. However, if the City government receives $25,000 or more in General Revenue Sharing -rods in a fiscal year, it shall have an audit of its entire operations. B. Between $25,000 and $100,000 per year, the City agrees to obtain either: 1. a financial and compliance audit made in accordance with the Single Audit Act of 1984 and ON.B Circular A-128, or 2, a financial and compliance audit of all federal funds. The audit rust determine whether the subrecipient spent federal assistance funds in accordance with applicable laws and regulations and the audit must be made in accordance with any federal laws and regulations governing the federal programs the subrecipient participates in. Audits shall be made annually unless the state or local government has, by January 1,1987 a constitutional or statutory requirement for less frequent audits. For those governments, the cognizant agency shall permit biennial audits, Page No. 10 covering both years, if the government so requests. It shall also honor requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annual, but only for fiscal years beginning before January 1, 1987. The audit shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in the General Accounting Office's Standards for Audit of Governmental Organizations, Programs, Activities, and Functions. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular A-128 (or A-110 as applicable). The auditreport shall include: A. The auditor's report on financial statements and on a schedule of fe,.eral assistance; the financial statements; and a schedule of federal assistance, showing the total expenditures for each federal assistance program as identified in the Catalog of Federal Domestic Assistance. Federal programs or grants that have not been assigned a catalog number shall be identified under the caption "other federal assistance". B. The auditor's report on the study and evaluation of internal control systems must identify the organization's significant internal accounting controls, and those controls designed to provide reasonable assurance that federal programs are being managed in compliance with laws and Page No. 11 regulations. It must also identify the controls that were evaluated, the controls that were not evaluated, and the material weaknesses identified as a result of the evaluation. C. The auditor's report on compliance containing: 1. a statement of positive assurance with respect to those items tested for compliance, including compliance with law and regulations pertaining to financial reports and claims for advances and reimbursements; 2, negative assurance on those items not tester+; 3. a summary of all instances of noncompliance; 4. an identification of total amounts questioned, if any, for each federal assistance awarded, as a result of noncompliance; and 5. a statement en the status of corrective action taken on prior findings. 6. refer to the use of the standards required by the Minnesota Legal Compliance Audit Guide for Local Governments, prepared by the Office of the State Auditor. The purpose of this guide is to establish compliance guidelines for verification by auditors auditing political subdivisions of the state. In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or planned Page No. 12 and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, a statement describing the reason it is not should accompany the audit report. The City agrees that the grantor, the Legislative Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financial statements as may be necessary for the grantor to comply with the Single Audit Act and OMB Circular A-128. Required audit reports must be filed +ith the Office of the State Auditor, Single Audit Division and state agencies providing federal assistance, within six months of the City's fiscal year end. If a federal cognizant audit agency has been assigned for the City, copies of required audit reports will be filed with that agency also. Recipients of more than $100,000 in federal assistance must also submit one copy of the audit report within 30 days after issuance to the central clearinghouse. Audit reports should be sent to: Bureau of Census Data Preparation Division 1201 East loth Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse Page No. 13 MM All references to statutes and rules shall be construed to refer to the statutes and rules as they may be amended from year to year. - 9 - The Commissioner accepts this said appoir.tment as agent of the City and agrees to act in accordance herewith. CITY OF RECOMMENDED FOR APPROVAL BY Mayor Director, Office of State Aid Attest% City Clerk Date Date APPROVED AS TO FORM AND EXECUTION: STATE OF MINNESOTA DATE (Seal) Page No. 15 BY Commissioner of Transportation DATE (Submit in Dupli.3te) MINNESOTA DEPARTMENT OF TRANSPORTATION FEDERAL AID FORM NO. III Be it resolved that pursuant to Section 161.36, Subdivision 1 through 6, Minnesota Statutes, the Commissioner of Transportation be appointed as agent of the City of to let as its agent, contracts for the construction of local roads and bridges, and the Mayor and the clerk are hereby authorized and directed for and on behalf of the City to execute and enter into a contract with the Commisioner of Transportation prescribing the terms and conditions of such contracts in the form as set forth and contained in "Minnesota Department of Transportation Agency Agreement" a copy of which said agreement was before the Council, assuming on behalf of the City all of the obligations therein contained. (SEAL) (Submit in duplicate) Note: Attazh certification by City Clerk with each copy of resolution Page No. 16 INTEROFFICE MEMO BATE: December 18, 1986 TO: Mark Bernhardson, City Administrator/ O£.f' re TING ` O FROM: Mel Kilbo, Chief of Police SUBJECT: Donation to the Police Department AN 121987 On 12/17/86, at their annual Christmas party, the CITY OF ORONOLong Lake Chamber of Commerce gave the check below to the Orono Police Department for "video equipment and vests". I am requesting permission from Council to accept this donation. TO: Mayor and City Council ` FROM: Mark Bernhardson, City Administrator"• Forwarded recommending approval. PROPOSED MOTION - Moved by _, seconded by _, for the Orono Council to accept the generous donation of $1,500.00 from the Long Lake Chamber of Commerce for video equipment and vests and direct staff to send a letter of appreciation to the Chamber. Ayes Nays _ STATE BANK OF LONG LAKE 1964 W. WAYZATA BLVD. • P.O. BOX P LONG LAKE, MINNESOTA 55356.0106 • 6121473-7347 December 31, 1986 Chief Mel Rilboe Orono Police Department Long Lake, MN 55356 Chief Rilboe: I understand there is some misunderstanding about the use of the proceeds of the funds given to the police department by this bank. Our original intent was to assist the department with bullet proof vests or video equipment; whatever you felt was necessary. Use your descretion Mel; we're happy to be able to assist. Sinc re y, dqe B s Pr sident RB:ss A p 1 wrnm„wn e.,,.,ry nm• was kKi 6A'.k d INTEROFFICE MEMO Gi.;:L:a MEETING DATE: De cembe^ 31, 1986 TO: Mark Rernhardson, City Administrator JAH Jw1987 FROM: Mel Kilbo, Chief of Police CITY OF ORONO SUBJECT: Donation to bullet proof vest fund On 12/31/86, this department received a $750.00 check from Mr. Gerald T. McCourtnev of McCourtney Plastics, Inc., 7309 West 27th Street, Minneapolis, MN 55426, toward the purchase of bullet proof vests. I am requesting permission from the Council to accept this donation. TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator)�`�u Forwarded recommending acceptance PROPOSED MOTION - Moved by _, seconded by _, for the Orono Council to accept the Generous donation of $750.00 from Gerald T. McCourtney of McCourtney Plastics for bullet proof vests and direct staff to send a letter of appreciation to Mr. McCourtney. Ayes Nays O ml»§l MCCOURTNEY PLASTICS, Inc. "`. 7309 WEST 27", STREET MINNEAPOLIS. MINNESOTA 55426 612 929-3312 i4�6f GE ALD T. LE ROAD, ROAD, W. T NEY 105 FER N0, MN k691 CAN n90191M URWR $300 Nighwn77, St. W.ia/ark, MN 55426 'gyp///y j:091016650I: 0110-383��8��' L93 1787.2 ai TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator`' �J C('af fit- MEETING DATE: January 7, 1987 AN 12 1987 SUBJECT: Police Officer Employment IiIY OF ORONO ISSUE - Preliminary authority to hire a police officer. DISCUSSION - Staff has currently two candidates going through the final examinations for possible employment. It is anticipated that completion of these tests will be by Janu ry 15, 1987 and staff would like to inform the person so that they may terminate their current employment, should they desire to accept the ,Job. Under personnel rules the Council must grant appointment authority to the Administrator. This memo is requesting authority to so appoint, subject to the Coune:l's approval at the February 9, 1987 meeting. RECOMMENDATION - It is recommended that the Council grant the authorlLj­Cc the Administrator to offer employment to a police officer commencing January 25, 1987 subject to approval by the Council at the February 9. 1987 Council meeting. PROPOSED MGtION - Moved by , seconded by to grant the Administrator authority to offer employment to an individual for the position of Police Officer commencing January 25, 1987 and subject to the Council's confirmation of appointment on February 9, 1987. Ayes Nays TO: Mark E. Bernhardson, City Administrator C L From: John R. Gerhardson, Public Works Coordinator CEt I JL PAEERNG Date: January 8, 1987 JAN 121997 Re: Park Commission Meeting Schedule Chanqes CUP ``llF(�����yy/�� On December 1, 1986, the Orono Park Commission vote10 Bdg&W their 1987 meeting schedule as follows: September thru April - 1st Monday of the month May thru August - 1st Tuesday of the month RECOMMENDATION: That the Orono Council approve the change in the Park Commission meeting schedule for 1987. PROPOSED MOTION: Moved by_, seconded by_, to approve the 1987 Park Commission meeting schedule as follows: September thru April - 1st Monday of the month May thru August - let Tuesday of the month 'P3 1 INTEROFFICE MEMO DATE: January 8, 1987 TO: Mark Bernhardson, City Administrator MEETING FROM: Mel Kilbo, Chief of Police JAN 121987 SUBJECT: Squad Car purchase CITY OF ORONO Hennepin County purchasing department awarded full size squad car bid on contract 47505 to Thane Hawkins Polar Chevrolet in White Bear Lake, MN. It was necessary to give Hawkins Chevrolet a letter of intent to purchase cars by December 19, 1986 for ordering with other come_ unities. we did send this letter on December 15, 1986 for three full size Chevrolet squad cars for a total purchase price of S13,414.00. A copy to Thane Hawkins is attached. I request permission to purchase these squads. TO: Mayor and City Council t FROM: Mark Bernhardson, City Administrator Forwarded recommending approval as within budget. CC: Tom Kuehn, Finance Director TeIrphonr: 47i 770 Uixpwch: A44-11.A71 Emergency: 911 City of ORONO Poxh 011ice Hox Mel • Cnzr xl Hx•. ALnne.nrx :•: u�!:1 •Muni up.. Ulmr• .I t' n•s" On We North Sbore of Lake Alirn etonka r•� ]Pollee Department Lang Li 44.mke. \h,.. \ MAN ,1 :.ar December 15, 1986 '••�.� kul. Mu.arr Chi:1 re PA', Thane Hawkins Polar Chevrolet, Inc. 180 East County Road F White Bear Lake, MN 55110 Mr. David L. Thomas Dear Mr. Thomas, This is Orono's Letter of Intent to purchase (3) three full size four door police sedans on the Hennepin County contract k7505. 3 Full Size Chev. Caprice $11,398.00 each Split Bench Seats 50.00 each Heavy Duty Cloth Seats - 200.00 each delete tilt steering wheel - 110.00 each $11,138.00 each X 3 The total for three units will be $33,414.00 according to bid figures. If you have any questions, please call me at 473-7710. Sincerely, r�LEASE NOT£:':- YtN-JUit-FIRST. Melvin Kilbo R,ETTER TO•YOU, WE FAILED TO: Chief of Police 4INDICATE:'THE-.COLOR: ilE -WANT? CALL 'THREE CARS TOBE TN THE 4LIGBT BLUE METALIC COLOR; MK:sb ILNY -QUESTIONS..-PLEASE-CALL-US. Prono'Poliae'Department- Se'+/ng Nolh LE4 Vmnetonka Con munme5 o/ Oro,a. Long Lake, MinncloN.e Beach and Sn!,ng Park 121286.5 �Y' < TO: Mayor and City Council .Gi MEETING Planning Commission ,N'{1 JAN 121987 FROM: Mark Bernhardson, City Admin istrato C' DATE: December 16, 1986 CITY OF ORONO SUBJECT: A. Private Roads/County Turn Back B. City Attorney Opinion Dated 12/30/86 ISSUE - Presentation of information relative to potential additions to City owned road system. DISCUSSION - The City has for a number of years, as noted in its Comprehensive Plan, limited the City expenses by utilization of a series of private roads to service new developments. Additionally for a number of years the County has maintained a fairly extensive road system in the City of Orono in relation to the amount of City streets. The following information is provided to give you the scope of possibly upcoming issue over the next three to five years. The present breakdown as follows: - State Highways 3.16 - County Roads 30.09 - City Streets 47.35 MSA - 10.91 Other - 36.44 - Private Roads 8.e (This could grow by another 8-10 miles at full development under current zoning standards) Private Roads Background Oc.:asionally there has been discussion of the City taking over various private roads, however except for certain circumstances su-h as "through roads" (i.e. Countryside (when completed) or Dickey Lake Drive) this has not been done. Public street plowing and maintenance is the one service all residents receive direct and demonstrable benefit from their taxes on a regular basis - not only from transportation movement and safety but also from the aesthetic appearances of the neighborhood. The City has, in recent years, been upgrading the standards by which private roads are developed together with having some control over activities on these roads. It is anticipated :hat as persons from higher serviced, more urbanized communities (and even areas in Orono) hove into the rural areas, there will be an increased demand for service in exchange for their "high taxes". While the overall Orono taxes would increase, it is probably a considerable cost savings to these residents to have the City do this. (For privacy purposes same may continue to desire the private road at the additional cost.) The cost of snowplowing will be relatively higher as there are cul de sacs which are difficult and time consuming to plow. If brought up to standards before turnover, the other maintenance due to low traffic volume should be relatively lower than other local thru streets. The total could increase City mileage by 17- 309 and could possibly require 1-2 additional people at a nininun. County_Roads As you may also be aware there also has been a study done at the State level, starting about three or four years ago, regarding the turn back of certain roads to other levels of government. The State has numerous roads that they do not feel fit the criteria for being State Roads and should be appropriately turned back to Counties. The Counties in turn feel that there are roads that either should be given to the State (such as the Crosstown 62 and County 18) and others that really serve only local community needs. Based on a study done in 1976, Hennepin County has designated the following as ones that they feel should be turned back to Orono. Tonkawa Road - 135 1.76 North Arm Drive - 131 2.78 Bayside-Fox - 84 4.00 South Brown Road - 146 2.00 In addition it is anticipated that North Shore Drive (County 51) between 15 and 19 may also be turned back to Orono (North Shore Drive - 51 2.5), with possibly the County taking McCully and possibly Old Crystal Bay or willow. The total mileage of these add up to about 13 miles, which would increase the City's maintenance responsi!,ilities by at least 20%. It is anticipated that this would necessitate the hiring of at least one additional hers^n in the Street Department together with the addition of another vehicle for plowing or contract with an outside firm. The current issue is the amount of funding that will come as part of the turnbacks together with the standards to which streets would have to meet prior to turn back. It is anticipated during 1987 some of these issues will be addressed and that action on these may be taken in the '88 Legislature. However, the City apart from being a member of municipal lobbying organizations or having contact with legislators, may have little to say about it. (The City may be able to more efficiently maintain the roads than the County.) RECOMMENDATION: While the impetus for City takeover of these is not great, it is recommended that the City begin discussion of how to address such issues should the demand become demonstrably greater. It is suggested that a more complete analysis of takeover costs Le analyzed should this issue be raised together with requiring any turnhack to meet standards and the appropriate I evel of funding for County turnbacks. '.PROPOSED MOTION - Moved by _, seconded by _ , to accept staff's information regarding upcoming road issues and to direct staff to worl: to develop more accurate cost estimates at the point requests for turnbacks are made. Ayes _, Nays _ 0�r MEETING TO: Mark Bernhardson, City Administrator JAN 121987 FROM: John R. Gerhardson, Public Works CoordinatorCITY OF ORONO DATE: January 7, 1987 SUBJECT: Dickey Lake Drive Maintenance and Letter of Credit Reduction In November of 1986 the developers of Ringerswood subdivision completed approximatly 95% of the work required on the street, ditches, and shoulders. Initially the developer posted a $13,650 letter of credit with the City of Orono to cover the costs of all improvements . Because the road work is completed with the exception of minor shoulder work and some ditch clean up the developer has requested the city to begin maintenance of the street and to reduce the letter of credit amount. The City engineer has completed an inspection of the street and related items (see attached) and recommends reducing the amount of the letter of credit to $5,000 and to begin maintenance of the street as long as the city is in receipt of a hold harmless agreement regarding the shoulders of the street. (see attached) Recommendation - That the Orono Council approve the maintenance of Dickey Lake Drive by the Orono Public Works Department and to reduce the amount of the letter of credit to $5,000. Proposed Motion. Moved by Seconded by to accept Dickey Lake Drive as a pull is street effective January 12, 1987 and direct the public works department to begin maintenance of Dickey Lake Drive and to reduce the letter of credit to Ayes _ Nays �lo: Mayor and Council Members From: Mark E. Bernhardson, City Administrator(i��'/Y�� Forwarded recommending approval as the City agreed to take over the road upon completion and the reduction should cover the City's costs. RODERICK - GULLICKSON - HOCKRIDGE December 10, 1986 City of Orono Box 66 Crystal Bay, MN 55323 Re: Ringerswood Addition To whom it may concern: Pursuant to the City of Orono accepting the streets in Ringerswood (Dickey Lake Drive) for maintenance purposes we, as the Developers, agree to hold the City of Orono harmless for any damage to the shoulders during the 1986-1987 winter season. r R der - rit llickaon Ronald ockr�% Bonestroo, Rosene, Anderlik & Associates, Inc. P!'. 1r C. A. 11 tl•W/N A.Irwbrp P.[. McMa {f W.I.f. 2335 W. Trunk Hi hwe 36 1-1 C.I.E. 9 y Engineers & Architects /....caY..ae PMn,t �• MJ.[. w.�.r-^*•'L' St. Paul, MN 55113 `"F'' " I'a 612.636.4600 /mA, m,.a., Al 1—,A. PM Mrl A. / .[. P. 1N F. fvY, aL. MrLI l ram.. PC December 5, 1986 E. xwn x. PwwwP.E. o P.E. r W. wA[«r C. LpAI.0 City of Orono A.;L;w pr, Box 66 !'..w,L P. AWM,. I.L. Crystal Bay,NN 55323 ra, A. a�� P.0 y .! x. Foy' P.0 I.. [ ... AlA. Attn: John Cerhardson Uw. L.�.'A.P P.r. L . wy. P!'. fY•bA !nW Re: Ringers Wood ,`a,Mm�', Our File No. 139-615 Dear John: We have inspected the Ringers Wood project and find the following ites of work necessary. 1. The gravel shoulders have not been completed. 2. The culvert aprons have not been completed. 3. The main ditch between lots 3 and 4, block 3 requires rip rap work. 4. The southeast corner of the siltation pond needs to be regraded. 5. Reproducable record plan sheets should be provided for the project. The estimated cost of completing the remaining work is as follows: Gravel Shoulders $1,500.00 Culvert Aprons 800.00 Ditch Work 1,500.00 Pond Work 700.00 Record plan Sheets 500.00 TOTAL 5,000.00 We would recommend that the bond on the project be reduced to $7,500. The shoulders of the roadway have not been properly completed as discussed. The developer should provide the City with a letter holding the City harmless for any damage to the shoulders during the 1986-1987 winter season. We would then recommend that the City accept the streets for maintenance purposes. If you have any questions please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK 6 ASSOCIATES, INC Glenn R. Cook CRC/aes 0952e 30 Year Anniversary 1787.3 � / TO: Mayor and City Council Crilf'((1 MEETING FROM: Mark Bernhardson, City Administrator\�1 Y JAN 121987 DATE: January 7, 1987 CITY OF ORONO SUBJECT: Confirmation of Siren Bid Correction ISSUE - Confirmation of siren bid for emergency preparedness purposes based on a price change of one component. DISCUSSION - At the December 8, 1986 Council meeting the Council approved the award of a emergency preparedness siren to be located in the Navarre area. The award in total including a steel pole was for the amount of $12,418. This however, was in error as there iiad been a price change on the relay switch that is a separate component in the item. This increases the total to $13,315. RECOMMENDATION - It is recommended that the Council approve this change in the siren bid for a total amount of $13,315. PROPOSED MOTION - Moved by _ , seconded by , to award the bid to Electric :.,irvice Company in the revised amount of $13,315. for the siren transfer switch and steel pole. as , Nays cc: Mel Kllbo, Police Chief Tom Kuehn, Finance Director c`17 1787.4 TO: Mayor and City Council C(lu'f�ftl MEET►Ng ( FROM: Mark Bernhardson, City Adr.inistratorA1) JA4 121987 DATE: January 7, 1987 My Of ORONO SUBJECT: Administrator's Information Comprehensive Plan Amendments 1. Sewer/MUSA Line Adjustment - Other than the Highway 12 - As y-u will recall at the December 8, 198 Council meeting the Council passed a comprehensive plan amendment to allow for the amendment of the MUSA line fo- areas that were currently sewered. In addition to that the Fulmer property was included in that comprehensive plan amendment. Based on Metro Council's review to date it is understood that they will be processing this as a routine amendment and that approval should be received as expeditiously as possible. 2. Highway 12 Corridor - Staff is currently drafting the amendment and will be reviewing that with John Shardlow during this week. It is anticipated that a meeting will be set for February 3, 1987 for a special meeting of the Planning Commission to review this amendment and that Council members, if desired, may attend that meeting. It is hoped to have a draft of the comprehensive plan amendment to both Planning Commission and Council two weeks prior to that meeting. ORONO LANE FEASIBILITY STUDY - Based on communication received froia the property owner most affec'ed by a realignment of Orono Lane the staff has put the study in abeyance until we again receive word from the neighbor that he would be amenable to have uc do the appropriate soil borings cn the property. FACILITY STUDY - Staff has transmitted a request for proposals to approximately four architi Ural firms to get their proposals back to do the necessary pace study program together with exploration of the three alternatives as previously outlined by Bonestroo. The receipt date for this would be January 20th and it is hoped that these will be presented to the Council for their consideration at the February 9, 1987 meeting. ADMINISTRATOR'S GOAL SETTING - See attached . MINNEHAHA CREEK WATERSHED DISTRICT REPORT - Attached please find a copy of the 1985 Water Quality Study done by Minnehaha Creek Watershed District as it relates to the improvements in 1-ke quality together with steps they feel yet need to be taken to work toward that Improvement. ULRICH PROPERTY - Because of the State and Federal Trade Commission's suit seeking damages from firms that are owned by Ulrich, the Court at the request of the Federal Trade Commission, has issued a temporary injunction affecting construction of the house. A hearing was held on Wednesday, January 7th, in part regarding the temporary injunntion which affected the construction. It is not known as .f this writing what, if any, this will have as to the long term completion of that subject house. Staff is presently working to determine alternate courses of action that the City may take both in relationship to this property and also recommendations for handling similar projects in the future. I 12/10/86 CONPIEHENSIVL PLAN 12 IIIGIIWAY 12 CORRIDOR STUDY Oats A_c_tion_ Responsible Party 12/12/86 Set Public Rearing - 2/2 Jeanne Write notice Set Staff/Consultant meeting Mark 12/24/86 Draft Comp Plan - first draft due Application Jeanne Graphics John Shardlow Wartafir As assigned 1/9-10/87 fleeting Consultant/Staff to review draft 1/:2/97 Contract revision - Consultant/Council Approval - Completion of Comp Plan - implementation tool/development 1/16/81 Final Draft to Planning Commission (1/19/87 Jan P.C.) Commence Draft of Zoning amendments Due 2/27 2/2/97 Special Planning Commission meeting (2/17/07 Regular Planning COMMission meeting) 2/23 or 3/9 Council review/Act on Comp Plan 2/27/87 Complete Zoning amendment drafts Attorney review drafts 3/9-13/87 Meeting - Review Zoning drafts Review presentation/Amended Comp Plan drafts 3/`6-20/37 Transmit to Metro Council and affected jurisdictions John Shardlow/Mark Mabustb As assigned Presentation Staff Shardlow available R. Blatz L� 0 late Action Responsible Party 4/6/87 Special Planning Commission meeting for Zoning drafts 5///87 Possible Continuation of Zoning consideration S/'1-6/37 Council review Zoning amendments 5 or 6/87 Receive approval from Metro Council Attorney review final Zoning drafts R. Elate 5-7/87 Council approve • Comp Plan • Zoning Amendments cc: Jeanne Mabusth, Zoning Administrator Mike Gaffron, Assistant Zoning Administrator John Gerhardson, Public Works Coordinator Ilel Nilbo, Police Chief John Shardlow, Planner, Dahlgren, Shardlow, Uban 8athleen Slat., City Attorney Glenn C•.ok, City Engineer 2 OOU. SH711 : ORAFT 3/26 06 5 39/86 CITY OF OROtO 6/39/86 7/3v66 ANO 8/31/86 9/30/86 MAW( M. 6P3R6WIDYJN 10/31/86 12/31/86 CITY AOMINISIM'RA 5-1-86 TO 4-30-87 '87 S.T.O. - 1907 Strategic Plaming Short Term Objective AREA 0Y11. ABPA (HItI'l'IVfS MTS 3IX116 CtT7Wiw 06"7P3GR4f:N: Highway 12 Corridor Ca lete Study 6/15/66 7/16/86 Meeting to finalize 'B7 S.T.O. plan direction 7/16/86 Meeting held - Request Sewer/Alternate site plans Fran Planner 9/3/86 - Planner presented 4 alternative site plane. Centime reviev of sewer rapacity 11/20/86 - Next meeting scheduled 11/20/86 - Meeting held staff directed to undertake coup plan aneMaent Navarre Redevelopient 97 S.T.C. Develop/Adopt mork progrms 7/30/86 to initiate any changes conplere required 12/31/86 impb>sent ciun Revise , 6/30/87 Tentative goals/objectives 11/30/86 1/12/87 Staff presents timetable to Council 12/30/86 - Revised Coal 6/39/87 6/16 met with Navarre Reps Decided to have City 15/ Redevelopnent Info Meeting in 8eptea er/October 8/31 awaiting Navarre getup response 9/30 little interest for Cty 15/ redevelopient diseussim is area. 1/87 Cbamer meeting w address issues for kick off. 10/27 ArtlCle in Wayxdra Weekly m,L AREA 06h¢TIm DRES Planning Review 1/87 Ahipt Pruject direction 3/87 Work on Cty 15 development 7/89 Environmental Protection Stubbs Bay 31 S.T.O. Nenris sea, Bement Project Feasibility If Appropriate Project consideration Project bid C.. Project Assess Project Conplete Project 5/86 8/86 11/86 11/86 4/89 8/8l 11/87 STATUS 9/30 County 15 work begin 1988 10/8 Cty to request 2 changes at 11/10 Council meeting Fall/1987 - Final Plans - Bids Sprinq/1988 - C ence oonetruction 11/19/86 - Council approved chages 6/30 na progress 8/31 no progress 9/30 oceds assessment 554 cnnplete Crystai poz Canplete Project V86 5/30 Construction recommenced 6/25 Construction completed 7/8 Inspection List Prepared 9/19 Final inspection tout held 10/29 CUP held on Lift Station 11/24 Council approies lift station UP 12/30 Anticipate xork complete 5/87 AREA coal. AREA OIiGmN12ATI0NAL DG^mmnPMEtiB ?lanagement Team Goal Setting Council Goal Setting legislative Policy WB rvv MM1ES Complete appeals process 12/86 1997 Work plan/staff 11/86 1986 staff development 10-12/86 Strategic plan review 6-8/86 Policy body orientation 1/87 (mew members) Develop 1987 program 10/86 SMOUS 7/3 Appeal Arbitration Begins 7/28 Concluded Proceedings 8/15 Submit Brief 9/8 Received 'Prelimioury Award' 12/30 Appeals outstanding - Art Center - Bobie Wayne 8/31 reviewing "S hence in Ural Government' for format 12/30 - Tentatively set 10/6 Council Strategic Planning 13/27 Presented draft materials for review 11/19 11/10 - Council adopted - 1/12 staff presents timetable for short term objectives approval 12/30 Pour orientation meetings held 10/27 Presented to Council for review 11/19 11/10 Council adopts pru9ram - legislative session commands; 1/6/8] Ia^ AIOSA mw AiWA 0810Cf1V05 011165 ev.'ns SCRVICE OCLtVLR" Oust^sae Strategy pLra.ing Police 5/86 5/30 draft unk[say Financial strategy 5/86 5/30 draft underway Wlf Course 6/86 5/30 draft under Way Building and Zoning 7/86 Utilities 8/86 Streets 8/86 Fa-111ties Study Study to Council 4/86 3/86 draft to Council '07 S.T.O.. C cil direction 6/06 6/39 Continue developing coat, financing and site information - Anticipate to Ccurcil 9/17 10/27 Requesting 3 vendors for space study, etc. 12/86 Requests for proposals sent to 5 vendors due tack W21 mm W500PCL5 Cospcosatirn r,evelnp/Adopt 6/86 6/2 received preliminary Comparable Worth Comparable Worth results need to refine. Oevelafaen[ of plan delayed to 8/86 8/7 6 8 Attenledl Comp Worth seminar 9/23 Attended mg on Crap Worth Develolsent - Market data integration 1Z/8 Council adopts prali.i.ry adjustments C ence isplementation 8/86 Corporate ocmwnicution city Ddministrator Report - Paper 6/86 - Cable Tv 5/86 5/86 commenced (3 articles published) 10/39 9 articles subaitted 7/30 5 articles whaitted 4/86 ommero (6 scripts dune thru Dec.) NW, DP44 AAPA ®1H.9'1118s o� saime MIER '87 S.T.O.'a Liquor St, Sale Storm Water ?UmWment Plan Lmg R qe Financial Policy Determine Clout/Cooparatlm Revise' Uee of Planning Canalsaion C nity Traneportatim Plan ca Department Reads E a LIST OF LICENSES FOR COUNCIL APPROVAL FOR MEETING OF January 12, 1987 �`�.,a,�Ki1MWING AN 12 198 7 Solicitors License - Discount Flowers CITY OF ORONO Cut flowers and balloons Gambling License - North West Tonka Lions - Mound Pull -tabs Navarre Lanes 3425 Shoreline Drive License No. APPLICATION FOR SOLICITATION - $20.00 fce Date Received -07 Date Expires CITY OF nRONO 1335 BROWN AD SOUTH BOX 06 CRYSTAL BAY, MN 55323 Organizatipn: L/iL (;,vp, F /�+«,• Phone Address: ��_( 1 f ,i Representative: Phone Phone Address: �z„r Check One: Business Solicitation X Contribution Solicitation _ Number of People Solicitating within the City Provide list of Names of Solicitors on back of this application. Type of Product to be solicited PERMIT EXPIRES 60 DAYS FROM APPROVAL DATE. POLICE CHIEF SHALL HAVE FIVE (5) BUSINESS DAYS IN WHICH TO INVESTIGATE AND MAKE A RECOMMENDATION PURSUANT TO ORONO MUNICIPAL CODE SECTION 5.30 SUED 5(a). __________________________________________________________________________ ORONO MUNICIPAL CODE REGULATIONS ON SOLICITORS Subd. 3. Prohibited Solicitation Practices. A. It is unlawful for any solicitor to engage in solicitation for any unlawful business or organizational purpose or activity. B. It is unlawful for any solicitor to practice harassment, nuisance, theft, deceit, or menacing, troublesome or otherwise unlawful activities during the course of solicitation. C. It is unlawful for any solicitor to enter, or attempt to gain entrance, to residential premises displaying at such entrance a sign with the words "Peddlers and Solicitors Prohibited" or "Solicitors Prohibited". D. It is unlawful for any solicitor to refuse to leave business premises when requested by the owner, leasee, or person in charge thereof. E. It is unla,.,ful for any peieon to engage in contribution solicitation without completion of licensing or registration as herein provided. F. It is unlawful for any person to engage in business solicitation without a license as herein n-ovided. ----------------- ______________________________-___________________-___ The undersigned hereby agrees to the conditions quoted above from the Orono Municipal Code and any additional requirements the City staff may have. Signature of Applicant: j /.. Date: I/./ i -F FOR CITY USE ONLY: After review of application, staff recommends the following Approval of application Denial of application Signature of City official: _ Date: Signature of Police Chief: Date: NAMES OF SOLICITORS Name: Name• Address Address: Phone: License No. Name: Address: Phone: _ a w. C License No. Name: Address. Phone: License Phone: _ License No. Name: Hadress: Phone: License No. Name: Address: Phone: License No. (If additional names, please attach list) VUVreV r VVrY,. VN nrl nauvl � I1E KEY CONTROL NUMBER IOCAI CONT. AGENCY NCIC POINT. ICAOI OATERIME REPORT MADE E C 1/ / M N 0 2 7 / DAY: S M T W T F S L NOR DATE REPORTED ("PO) LOCATIONORI NBfl ILON) ��TI/ME �RP�OqIT�R/P�I� M / ® / 1...G.I0L'..S<J / E= PLACE COMMITTED (PLC) NRO Cedes N� m m L NBR NRO SQUAD OR BAOGI # 188N1 TIME ASIG. ITRBI TIME ARA. (TAR) TIME CLR. ITCLI a,®, B- .hone D I 3- R- RMIe ORPILEN AB810NE0 ABSISTEO BY COMPLAINT ImPWne ❑ PIOP InO.I., ❑ ImpI1W C...t O APCIdmt RePan ❑ Tam ❑ Influence RePon ❑ PhorAt ❑ REPORTING PERSON OFFENDER❑VICTIMI❑ O.O.B. BUSINESS AOD ^ BUSINESS PN( • 1 t \ MOVE ADDRESS ��ti / HOME PHONE SEE CASE FILE �` _ S'� ROLL CALL Worn & Release Oept. Assist Menage Deliver Treated G Transported Advised Citation Iswad Detail Completed — G.O.A. COPY TO dt CO ATTNY ❑ CITYATTNY ❑ COURT 17 c.IIEF ❑ OTHER DISPOSITION: Unfounded Cleared by arrest Refother agency Inscuve Other OFFICER'S SIIPERV ISORS SIGNA TV RE 11h,:,fiT d< ,,, 'f>A Charitable Gambling Control Board FOR BOARD USE ONLY •'" 2, Room river ity Avenue Building ux•m•xvmam 1 , t. P University Avenue I St. Paul, Minnesota 55104.3383 AMT 16121542-0555 CHECK# DATE GAMBLING LICENSE APPLICATION INSTRUCTIONS: A. Typeorprintinink. B. Take completed application to local governing body, obtain signature and date on all copies, and leave 1 copy. Applicant keeps 1 copy and sends original to the above address with a check. C. Incomplete applications will be returned. A - Fees 1010.00 (Bingo, Raffles, Paddlewheels, Tipboards, Pull -tabs) 5 Fees 50.00(Raffles,Paddlewheels, Tipboards, Pull-tobsl NWxlxckapw•el. r•: C- Fees 50.00(Bingo only) Nalne,suGrltex. p.maanp cemrxea.re D - Fees 25.00 (Raffles only) Ks❑No 1_Is this application for a renewal? If yes, give complete license number 1T1- VJD V l-IIJ / 1 ❑Yesf)0o 2. If this is not an application for a renewal has organization benlicensedby the Board before? Ifyes,givebase 9. Type of organization: ❑Fatternal ❑Veterans 111:ligious "Other nonprofit' -if organization is an"other nonprofit" organization• anew aueslions 10 through 13. if not, go to question 14."Other nonprofit"organiza0•.a most document its lox -exempt status. li\Yea a No 10. Is organization incorporated As a nonprofit organization?If yes, give assigned to Articles or peg• and / book number: Attach copy of certificate._ ns7 No 11. Are articles filed with the Secretary hate? ❑Yax;"o 12. Are articles filed with the Col ' _ i(Yes' -'a 13. Is organization exempt from Minnesota or Federal income tax ?If yes, please attach letter f•am IRS or Department of Revenue declaring exemption or copy of 990 or 990T. ^Yasr1(Np 14. Has license ever been denied, suspended or revoked? If yes, check all theta ly: _ CDenied _❑Suspended f Revoked_ Give date: F_ _ 15. Number of active members 16. Number of years in existence Nor.: If less than four years, attach evidence of three years r� 31 T existence 17, Name of Chief Executive Officer 118. Name of treasur,i or person who accounts lorotherrevenues of sho organization. `% A /.'. Title .,ge 2V n L 1 C !J / _ _ _ 7- /tom it Plusmess Phone Nun,bor ,sines Phone Number It//FI /.31 — 0' oIt ..1 LI L/61 — ii I< / 19. Name of establishment where 9ambbnn will be :0 ': uue 'Ibirl .In, 'O Sox Numbed wild c utl rc,*vAizitu Z-AmoS j'i75511cfr/-/1Art)i?' zs—Gry. star,:. Zip if/tijAlil R/L_ 1011 i5_1 •%"L .,/;,. wl;;i,h�;,l u;em;5., 3L/L7-5AJRtl/-/IJ 5'r-1 (t. lIly/-J Cu 000102'e adl wo-n.c , -..,m t.,,.u. nrl•i..,,,� Nnx 1;. .,•,,,,,,,, ,,,� 0,..4, Gambling License Application Typo of Application: I ]Class A Class 0 I (Class C I ]Class D Ves❑No 23. Is gambling premises located within city limits? Page 2 Yan(1No 24. Are all gombling ectivitioa conductod at Iho promises listed in at9 of iM- .yplicetioN If not, complete a separate applicst[gn for each premises lexcept raffles) as a separate license .,squired for each premises. I lyesNo 25. Does organization own the gambling premises? If no, au- _.,copy of the lease with terms of at least one year. I :Yes�flo 26. Does the organization lease the entire premises"!, to, attach a sketch of 27. Amount of Month[ Rent the premises indicating what portion is Is' g leased. A lease and sketch Is not required for Class D applicati- -s. ❑yesyNo 28. Du you plan on conducti.•� umgo with this license? If yes, give days and times of bingo occasions: u.y. nit,.. a0. Insurance 32, became f4 GAMBLING SITE AUTHORIZATION By my signature below, local law enforcement officers or agents of the Board are hereby authorized to enter upon the site, at any time, gambling is being conducted, to observe the gambling and to enforce the law for any unauthorized game or practice. BANK RECORDS AUTHORIZATION By my signature below, the Board is hereby authorized to inspect the bank records of the General Gambling Bank Account whenever necessary to fulfill requirements of current gambling rules and law. OA^I I hereby declare that: 1. I have read this application and all information submitted to the Board; 2. All informatior, submitted is true. accurate and complete; 3. All other required information has been tally disclosed 4. 1 am the chief executive officer of the organization; 5. 1.ssume full responsibility for the fair and lawful operation of all activities to be conducted; 6. 1 will familiarize myself with the laws of the State of Minnesota respecting gambling and rules of the Board and agree, if licensed to abide by those laws and rules, inclus in amendments th:,r of 40. Official, Lgqgal Name of Organization 41. Signaturle arbeigned by.Chief Executive Officer) IxI.a ILTA /.)a a5 Ti. iJlcq (/1)11S x / 1•L�i'l�/X.(/( _ v ACKNOWLEDGEMENT OF NOTICE BY LOCAL GOVERNING BODY I hereby acknowledge receipt of a copy of this application. By acknowledging receipt, I admit having been served with notice that this application will be reviewed by the Charitable Gambling Control Board and if approved by the board, will become effective 30 days from the date of receipt (noted below), unless a resolution of the local governing body is passed which specifically disallows such activity and a copy of that resolution is received by the Charitable Gambling Control Board within 30 days of the below noted date. 4 Name of City or C my (Local Goye n 1 Bndyl II site is located within I township, Item 43 must he completed. in r idd,ton to the county s gnarute Smna url eof oersoli rcce vmn and r. nGon ��� 33 Nm Jl was p � �—--- Yple - /r Data ocv .d l_i0 ty r d Snnitlum nl prnon xv .l anpllcalu"n 1,,I,,nj 1,ort,llt d re) 44 col Pe sul�,t ye Vlau� rnv I 0r. ,,,, .Ig .Iv t l' [CAUpIIV it Hi" All,. r'i.l,, It 1 1 .m RHtu.AGn 'gently CITY OF ORONO EMPL-NO NAME DIV P A Y R Y-T-D • - - - - - - GROSS GROSS EXP/ALLOW ANDERSON BL 31 35109.36 1232.12 BENNETT TO 93 0.00 0.00 BERNHARDSO ME 12 46182.66 1819.20 SOBZIEN SA 31 21083.48 789.38 C;? BOSMA JL 12 6816.00 360.00 -; `-- BRINKHAUS JF 42 31875.46 1191.36 < ��-- SURMASTER RP 90 1506.37 206.71 Q L+ BURMASTER WD 31 12S14.41 0.00 T N CARLSON WJ 92 32167.73 1313.73 O CHESWICK GB 31 341393.89 13216.64 C m CORNICK JL 31 23796.70 1094.50 2 DALE J 93 0.00 0.00 C EDSTROM R 93 0.00 0.00 EHRENBERG DL 90 9352.94 443.07 ENGLISH II IN 31 26789.89 979.12 ERICKSON DJ 93 1719.90 0.00 ERICKSON KR 31 36564.38 1336.64 FINK CJ 90 3101.88 200.00 FRITZLER JM 31 34473.57 1249.23 GAFFRON MP 33 28481.86 7096.16 GERHARDSON JR 42 39359.98 1514.40 GREGORY JO 42 27778.34 1007,04 HALLIN DM 12 24962.14 934.54 HANSEN SC 42 24335.25 904.16 HANSING CJ 31 9962.50 396.44 HENNING JP 90 100.00 0.00 HENSEL MM 31 21463.61 900.15 HIGU6 PA 90 9991.79 553.B8 JACOBS TJ 33 28555.25 9i4.e?///qqG JOHNSON BP 31 33399.69 1249.23 KILBO MH 3I 40139.70 1544.40 KIRNYCZUK M 31 33906.12 :305.67 KNUTSON CA IS 20019.16 768.80 KRAMER B 42 0.00 0.00 KUEHN TM 15 38471.29 1480.80 MABUSTH JA 33 33338.48 1292.71 MACKISSOCK LI 93 0.00 0.00 MANUEL CM 90 1724.80 0.00 MCGOWAN LR 90 27339.52 1051.52 MIKELSON RA 15 1332.71 640.39 MORAN MF 31 10369.32 •005.43 MOROWCZYNS J 31 36099.83 1249.23 MROSS FT 61 21229.44 761.60 NAAB TL 12 1 121.54 723.20 OAS DO 93 770.70 0.00 OMAN LE 33 17218.86 857, 68 PEABODY AE 93 0.00 0.00 PETERSON PL 12 11898.34 414.41 PETERSON RW 93 1432.20 0.00 PETRAN JC 33 3066.70 378. 00 OUADY TD 42 0.00 0.00 P'! CITY OF ORONO P A Y R Y-T-D • - - - - - - EMPL-NO NAME DIV GROSS GROSS EXP/ALLOW OUAST VA 92 25641.37 1068 30 ROYCRAFT GE 93 0.00 0. 3 SASS JJ 42 25033.81 904.16 SIEVERS RC 90 1180.00 0.00 SKREEN D8 48 84666.54 904.16 SLIGO OR 93 2417.80 0.00 SMITH JR 98 83759.68 955.68 STEFFENHAG RE 93 26281.57 10t1.80 STEVENS BG 93 3430.98 0.00 THIE8 OR 90 5045.00 247.50 THOMTON MR 31 20874.20 856.68 TOMCHECK LF 31 16437.97 907.31 TOMCZYK MU 31 34360.95 1339.54 COUNT GRAND 44,694.4 S <9�v.�g4j PAID 00047 1iii 49G _. TOTAL 00064 TOTAL TOTAL FICA TAX GROSS m 22,139, 39 EMPLOYERS FICA A = GROUP HEALTH B = PHYSICIAN'S HEALTH PLAN C a BLUE CROSS/BLUE SHIELD 0 a MEDICAL CENTER PLAN E a PRUDENTIAL F = COORD. HEALTH CARE G = MINNESOTA HMO H = TRANS-AMERICA OCC. I BANKERS LIFE J = MUTUAL SERVICES K - MUTUAL OF OMAHA L = EMPLOYEE'S BENEFIT M = AETNA N = NICOLLET EITEL 0 = LEAGUE OF CITIES Z = HEALTH CARE MAINT ACCT. MI`.SING HOSP Cr'E FOR SOME EMPL'S CITY OF ORONO H A N D Y R I T Y-T-D + . . - - EMPL-NO NAME DEPT GROSS GROSS EXF BURMASTER YD 0031 12514.41 764.01 LATTIN 3C 0015 23551.72 250.02 COUNT GRAND 0000E TOTAL 1,014.03 CITl Y OF' ORONO P A Y _I-) 1l/OU �1/D Y14436 Y_T_D w UENPL-NO NAME DIV GROSS GROSS EXP/ALLC ACKERMANN J 13 191.25 0.00 ANDERSON BL 31 33877.24 1288.13 ANDERSON WF 13 169.00 0.00 BERG VJ 13 68.00 0.00 BERNHARDSO ME 12 44363.46 1819.20 BOBZIEN SA 31 20294.10 838.59 BOSMA JL 12 64S6.D0 345.00 BRANTINGHA NM 13 68.00 0.00 BRINKHAUS JF 42 30684.10 1247.21 BVRMASTER RP 90 1299.66 185.33 CARLSON WJ 92 30054.00 1180.88 CARRUTHERS C 13 168.75 0.00 CHESWICK GB 31 33057.25 1336.64 CORNICK JL 31 22702.20 948.74 DESCHLER M 13 136.00 0.00 DICKEY N 13 40.00 0.00 DURKIN D 13 64.00 0.00 EHRENBERG DL 90 8909.87 408.45 EISINGER RD 13 68.00 0.00 EKEBERG El 13 128.00 0.00 ENGLISH 11 IH 31 25810.77 1080.83 ENGSTROM 0 13 147.20 0.00 ERICKSON B 13 144.00 0.00 ERICKSON DJ 93 1719.90 0.00 ERICKSON KR 31 35227.74 1336.64 FINK CJ 90 2901.88 290.00 FRITZLER JM 31 33224.34 1429.85 GAFFRON MP 33 27385.70 1096.16 GARCIA B 74.00 0.00 GASCH MF 13 184.50 0.00 GERHARDSON JR 42 37845.58 1S14.40 GONYEA WG 13 148.00 J.00 GREGORY JD 42 26771.30 1007.03 HALLIN DM 12 24027,50 943.39 HANSEN SC 42 23431.09 911.82 HANSING CJ 31 9566.16 381.62 HENNING JP 90 100.00 0.00 HENSEL MM 31 20563.46 838.77 HIGUS PA 90 9437.91 393.55 HILL DE 93 634.2C 0.00 HILLSTROM CA 13 150.00 0.00 HOFFMAN RM 13 132.00 0.00 JACOBS TJ 33 27640 98 1114.96 JOHNSON DP 31 32150 46 1253.75 IOHNSON JM 13 145.20 0.00 JOHN504 HI 13 164.E 0.00 ✓ILDO MH 31 38595 30 1544.40 kl PNYCZJ0W M 31 32600 45 1226.66 PNOT50N CA IS 19250.36 768.80 IUEHN IH IS 3L990 49 1480.60 l_ANiFORD AM 13 94 00 0.00 CITY OF ORONO P A Y Y_T_D * _ _ _ EMPL-NO NAME DIV GROSS GROSS EXP/ALL01 LARSON S 13 26.00 0.00 LATTIN JC 1S 23301.70 934.64 LAUER DA 13 14S.20 0.00 MABUSTH JA 33 32055.77 1282.72 MADDEN RM 13 144.00 0.00 MANUEL CM 90 1724.80 0.00 MATTSON M 13 132.00 0.00 MCGOWAN LR 90 26288.00 1051.52 MIKELSON RA 15 692.32 692.32 MORAN ME 31 9363.89 1128.10 MOROWCZYNS J 3t 34050.60 1316.96 MROSS FT 61 20447.84 781.60 NAAS TL 12 15596.34 723.20 NELSON RA 93 91.38 0.00 NICHOLLS E 13 136.00 0.00 OAS DO 93 770.70 0.00 OLSON BJ 13 150.00 0.00 OMAN LE 33 16361.18 857.68 PEASLEY C 13 151.20 0.00 PETERSON PL 12 11483.93 420.36 PETERSON RW 93 1432.20 0.00 PETRAN JC 33 2686.70 0.00 PLATTETER MR 13 44.00 0.00 POWELL L 74.00 0.00 OUAST UA 92 24S79.07 954.88 RAUSCHENDO D 13 66.00 0.00 RICE MM 13 68.00 0.00 RICHARDCOV R 13 68.00 0.00 ROYCRAFT GE 93 0.00 0.00 SASS JJ 42 24129.65 904.16 SIEVERS RC 90 1180.00 0.00 SKREEN DS 42 23764.38 904.16 SLIGO SR 93 2417.80 0.00 SMITH JR 92 EeSO4.20 955.68 STEFFENHA.G RE 93 2S270.37 1011.20 STEVENS BG 93 3430.98 0.00 STUBBS L 13 144.00 0.00 THIES SR 90 4797.50 240.00 THOMTON MR 31 20017.52 649.01 TOMCHECK LF 31 IS530.66 881, 74 TOMCZYK MO 31 33029.41 13S0.83 TUPNHAM K 13 155 20 0.00 COUNT PAID 0004i GRAND 45, 4S2.44 TOTAL 60003 TOTAL TOTAL FICA IAC GPOIS = 23,114 38 EMPLOYERS F] A = GROUP HEALTH E = PHttI<InN'S HEALTH PL.r,N L = OI_VE CROSS:BLVE SHIELD 1986 CITY OF ORONO CNECN N0. DATE AMOUNT 365006 12/31,86 Si.99 365006 12/31/86 78. 68 13 .6T f ]650f0 12/31,86 •T 28 3650t0 12/31/86 •7.28 365010 12/31/86 IT 28 365010 12/31/86 23.S: 365010 12/31/86 17.28 -65010 12/31/86 17.28 F 109 90 365030 12/31/86 3.50 36SO30 12/31/66 10,00 13 50 365039 12/31/86 31 .IS 31 65 365074 12/31/86 40.00 36507A IQ/31/86 90.00- 365079 12/31/66 90.00 365079 12,31/86 1,021.50 365079 12/31/86 45.00 365074 12/31/66 321.00- 365074 12/31/86 321. 00 365079 .2/31/86 231.00 365074 12/31/86 45 00 ( 365079 12/31,86 90. GO 36SO74 12/31/86 31.89 365074 12/31/86 31.80 l 365074 12/31/86 198.00 365074 12/31/86 216,00 1,950.26 [ ( 365097 12,31,86 267.59 267 59 365126 12/3t/66 12.00 C 365129 12/31/86 178.08 190.08 [ u•u• [ CHECK REGISTER VENDOR ITEM DESCRIPTION ACRO-MINNESOTA INC OFFICE SUPPLIES ACPO-MINNESOTA INC OFFICE SUPPLIES AT&T INFO SYSTEM AT&T INFO SYSTEM AT&T INFO SYSTEM AT&T INFO SYSTEM AT&T INFO SYSTEM AT&T INFO SYSTEM MAINT OFFICE EQUIP MAINT OFFICE EQUIP MAINT OFFICE EQUIP MAINT OFFICE EQUIP MAINT OFFICE EQUIP MAINT OFFICE EQUIP AT 6 T INFO SYSTEM TELEPHONE AT 6 T INFO SYSTEM TELEPHONE 12-31-86 PAGE ACCOUNT NO INV • P 0 • ME5SA4E 01-0210-039-12 01-4210-199-31 01-4390-039-12 01-4340-059-16 01-4340-069-1S 01-4360-129-31 01-9160-119-33 01-4340-269-6E 74-4320-S90-93 74-4320-590-93 EARL F ANDERSON ASSC STREET NMI SUPPLIES 01-4233-249-42 BONESTR00 ROSENE ASH ENG RETAINER 01-4304-200-41 BONESTROO POSENE ASH ENG CONSULTING 01-4305-040-13 BONESTR00 ROSENE ASH ENG CONSULTING 01-4305-040-13 BONESTR00 ROSENE ASH ENC CONSULTING 01-43OS-200-41 BONEBTROO ROSENE PEN ENO CONSULTING 01-9305-E99-42 BONESTR00 ROSENE ARM ENG CONSULT 01-43OS-290-61 BONESTR00 ROSENE ASH ENC CONSULT 01-6305-290-61 BONESTROO ROSENE ASH ENC CONSULT 01-9305-290-61 BONESTR00 ROSENE ASH ENG CONSULTING 01-430S-860-71 BONESTR00 ROSENE ASH ENC CONSULTING 01-9306-040-13 BONESTR00 ROSENE ASH ENG CONSULTING 23-4395-352-00 BONESTR00 POSENE ASH ENC CONSULTING 23-4305-355-00 SONESTROO ROSENE ASH ENG CONSULTING 45-43CS-432-00 BONESTR00 ROSENE ASH ENG CONSULTING 73-4105-569-92 CAPITOL CITY GIST WINE PURCN 71-4812-516-95 COCA COLA VENDING EWIP RENT 71-4131-515-96 COCA COLA VENDING NIX PURCN 71-4820-514-95 .••-CNS ...-CMS ..•-CNS •..-CM5 •••-CNS 1986 CITY OF ORONO CHECK RESISTER 12-31-86 PAGE 2 ' CHECK NO DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV R P 0 6 MESSAGE • 365128 12/31/86 212.50 CONCEPT MICROFILM OTHER CONSULT SERV O1-4306-174-33 212.50 . C < 365163 12/31/86 795. 05 DAY DISTRIBUTING GO BEER PURCH 71-4615-5t4-9S 365163 12/31/86 22.00- DAY DISTRIBUTING CO SOT RET 71-4816-51.-95 773 05 C 0 365187 12/31/86 1,043. 25 EAST SIDE BEVERAGE BEER PURCH 71-4815-514-95 365187 12/31/86 30. AD- EAST SIDE BEVERAGE BOT GET i1-.816-St.-95 t.012.85 Y •• -CMS J6519. 12/31/86 34.80 EAGLE SNACKS HISC PURCHASE 71-.820-514-95 3..80 • • ...-CKS •••••• 36SI99 12/31/86 3,767.00 ROIF E ERICKSON ASSESSING BERV 01-4307-059-14 • 3.767.00 ....CKS 365237 12/31/96 76.81 FOUR STARR MI%/HISC PURCH 7I-4620-514-95 76.81 ...-CKS O 3SS280 12/31/86 26.ST HACH CHEMICAL CO EQUIP PARTS 01-4232-549-91 E..ST ..•-CKS ...... 365309 12/31/66 2,524.00 HENN COUNTY TREAS JAIL CHGES 01-4358-080-16 • 2.524.00 . ...-CKS 365330 12/31/86 77.32 ICNA RETRMNT CORP ICMA 12/1 TO 12/14 01-4140-039-12 TY.>P 0 ....CMS 0 365371 12/31/86 19.25 JIM CO DIST HISC PURCH 71-4620-514-95 t9.25 ....CKS 365376 12/31/86 1.3 26 JOHNSON PAPER CO TORE SUPPLIES 71-4230-SIS-90 • 163.26 . 1986 CITY OF ORONO CHECK REGISTER 12-L-P6 PAGE T CHECK NO DATE AMOUNT VENDOR ITEM DEEC9IPTION ACCOUNT NO IHV • P 0 • MESS. GE e ♦ 365381 -1/86 1.250 00 F 6 K RENTALS PREPAID RENT/JAN 11-1281-000-00 365381 /06 33.45 K 6 N RENTALS UTILI.IES 71-432.-S15-90 1.263 AS . •..... ....... • 3:5398 12/31/86 33. 99 KILBO-MELVIN MEETINGS 01-43SG-129-3t 33 99 . • •.. u• •..-CMS 365397 IE/31/86 37. S6 KUEHN-THOMAS MILEAGE -DEC 86K 91-4381-069-15 • 365397 12/31/86 2.39 KUEHN-THOMAS MILEAGE -DEC B6K 71-4381-St5-90 365397 12/31/96 3_76 KUEHN-TNOMAS MILEAGE -DEC AS 12-4381-5.9-91 365397 12/31/86 5.62 KUEHN-THOMAS MILEAGE -DEC 86 73-4381-569-9L e 49.28 . b.a. ...{KS • 365404 12/31/86 THE LAKER PUBADVEISHINGRTISING 01-4329-020-11 365404 12/31/06 5.00 THE LAKER AOVERT[SIHG T1-KJ23-515-90 • S..00 89.OB •u... ...-CKS • 365460 12/31/8 1,61].25 MARK VII DIST BEER PJRCH 7I-9815-519-9S 36560 12/31/866 92. 00- MARK VII DIST BOT RET 11-816-51-95 ♦ 365460 12/31/6 42.00- MARK VII DIST BOT RET •1-4016-514-95 365460 1231/866 .00 MARK VII DIST BOT RETURN 71-4816-514-95 365460 12/31/86 8T. 87 00 HARK VII O:67 M13C PURCN 7I-9820-5I4-95 • 1.R58.25 • 3650+.4 12/31/06 10.00 MPLS STAR 6 TRIBUNE PERIOOICLS 01-4E40-129-3I 10.00 • • 365A90 12/31/86 63.96 MINNEGASCO VTILTIES 01-4124-129-3t 63.96 . • •..o• ...-CMS 365SOS 12,31/86 16.00 MINK FIRE INC MISC EQUIP MAINT 01-4742-129-]t • 16,00 . .....• ....CKS • 365536 12/3l/86 11.1E CITY OF ORONO OFFICE SUPPLIES 01-.210-069-12 365536 12/31/P6 CITY OF ORONO OFFICE SUPPLIES 01-4321-129-31 ® 345536 12/31/.6 3.38 J.38 CITY OF ORCMO POSTAGE 01-q21-129-Jt 1986 CITY OF ORONO I CHECK NO. DATE AMOUNT T 365536 12,31/86 30.15 365536 12/31/86 3.00 365536 12/31/86 19.50 • T5.64 365545 12/31/86 101 43 365565 12,31,86 29.98 G 365545 IE/31/86 109.58 240 99 • u•o• 365550 12/31/86 52. 50 365550 12/31/86 61 50 365550 2/31/86 .50 I1•.SO • 365559 12/31/86 161.12 365559 12/31/86 167.27 365559 18/31/86 5.15 • 365559 12/31,86 811.77 365559 12/31/86 69.24 1.239.85 • •uu• • 365563 12,31/66 16.61 16.61 • u•u• 365568 12/31/86 55.AS • 365568 12/31/86 55. 92 36SS66 12/31/86 27.70 365568 12/31/86 126.72 365568 12/31/86 55.92 365568 12/31/86 55.1E 365568 12/31/86 16.62- • 365568 19/31/86 16.62 365568 12/31/86 11.08 365568 12/31/86 16.62 • 365568 18/31/86 83.49 365568 IB/31/86 105.90 590.73 • • 36S597 12/31/86 77.65 365597 12/31/96 97.71 3GS597 12/31/86 6.33 • 36S597 12/31/86 t5.65 CHECK REGISTER VENDOR ITEM DESCRIPTION CITY OF ORONO FRAMES CITY OF ORONO CAR WASH CITY OF ORONO PARKING IF-31-86 PAGE ACCOUNT NO INV • P 0 • MESSAGE O1-4332-020-11 T2-9341-S49-91 76-4301-594-93 NAVARRE AUTO REPAIR MAINT AUTO EQUIP 01-4301-179-33 NAVARRE AUTO REPAIR MAINT AUTO EQUIP 01-9391 I74-33 NAVARRE AUTO REPAIR MAINT AUTO EQUIP 74-9391-590-93 NELSON DELIVERY LIQUOR PUNCH 7I-9810-510-95 NELSON DELIVERY VINE PUNCH 71-6012-514-95 NELSON DELIVERY NIX PURCN 7I-6820-514-95 N8P UTILITIES 01-93B0-1B6-31 NSP UTILITIES 01-6324-E49-42 N8P UTILITIES 01-4329-290-61 N8P UTILITIES 01-6325-249-62 NBP UTILITIES 73-024-569-92 NORTH STAR NAINT AUTO EQUIP 01-4391-2.9-92 NORTHWESTERN BELL TELEPHONE 01-4320-039-19 NORTHWESTERN BELL TELEPHONE 01-4380-059-14 NORTHWESTERN BELL TELEPHONE 01-4320-069-15 NORTHWESTERN BELL TELEPHONE 01-9320-129-31 NORTHWESTERN BELL TF` 01-4380-174-33 NORTHWESTERN BELL 01-4320-2.9-92 NORTHWESTERN BELL 01-6320-569-92 NORTHWESTERN BELL 01-6320-569-92 NORTHWESTERN BELL 72-6320-549-91 NORTHJESTERN BELL 73-4320-569-92 NORTHWESTERN BELL -6FHOIE 76-4320-590-93 NORTHWESTERN BELL TELEPHONE 76-4323-590-93 PUBLIC EMPL RET ASSN PERA 12-I TO 12-14 01-4101-039-12 PUBLIC EMPL RET ASSN REBA R'TRO TO 30 NOV 01-6141-039-12 PUBLIC EMPL PET ASSN REBA IQ-1 TO 12-14 01-419-040-13 PUBLIC EMPL RET ASSN REBA RETRO TO 30 NOV 01-41.1-0.0-13 ....CA'. 1986 CITY OF MONO CHECK N0. DATE 36S597 12/3l/66 365591 12/31/86 365S97 12/31i86 365591 IE/31/86 365597 1EA1/86 36S597 12/31/86 36SS91 12/31,86 3655)1 lE/31/86 36S597 l2/31/66 36S597 l2/31/66 365S91 12/31:86 36S597 12/31/86 36S597 lE/31/86 36S597 IE/31/86 36S59T 12/31/86 36S597 lE/31/86 36559T I2/31/E6 3GS597 IE/31/66 365517 12/31/86 36S597 12/31/86 365611 12/31/66 365620 12/31/86 365620 12/31/86 3656EA IE/31/86 ]656Pa 12/31/06 365628 12/31/86 365628 12/31/86 365628 12131106 365628 12/31/06 365628 12/31/86 365628 12/31/86 365628 12/31/86 365628 12/31/86 36S602 12/31/66 365642 12/31/86 365650 12/31/86 AMOUNT 1 80 T 03 1.8 90 IST 57 1 8, 1.269 IB SI 86 TO 25 369 13 SIB 10 93 71 206.Ts 234 09 31 47 Is. TO 8 s2 02 TE 162 31 a.52 SE 30 3.817 09 68. 95 66 ^5 . CHECK REGISTER 12-31-P P.GE 5 VENDOR ITEM DESCRIPTION ACCOUNT NO INV 9 P . • MESSA.F PUBLIC EMPL NET ASSN PENA 12-1 TO 12-16 01-6141-059-1. PUBLIC EMPL NET ASSN PENA RETRO TO NOV 30 01-0161-059-.9 PUBLIC EMPL RET ASSN PENN 18-1 TO 12-19 01-4101-061-IS PUBLIC EMPL PET ASSN PENA RETRO TO NOV 30 01-4I4I-061-15 PUBLIC EMPL NET ASSN PERA IB-1 TO 12-14 01-41.1-099-11 PUBLIC EMPL NET ASSN PENA 12-1 TO 12-14 01-A1A1-111-31 PUBLIC EMPL NET ASSN PENA 12-1 TO 12-10 01-4I01-1'S-31 PUBLIC EMPL RET ASSN PENA BETRO TO NOV 30 01-9141-I15-31 PUBLIC EMPL NET ASSN PENA 12-1 TO 12-14 01-4141-121-31 PUBLIC EMPL NET ASSN PERA 12-1 TO IE-'6 01-4101-126-31 PUBLIC EMPL NET ASSN PENA RETRO TO NOV 30 01-0141-111-33 PUBLIC EMPL NET ASSN PENA 12-1 TO 12-16 01-0141-179-33 PUBLIC EMPL NET ASSN PENA 12-1 TO 18-14 01-0141-249-42 PUBLIC EMPL NET ASSN PENA IC-1 TO 12-19 01-4191-E)0-61 PUBLIC EMPL NET ASSN PENA 12-1 TO 12-16 71-6161-SIS-10 PUBLIC EMPL NET ASSN PENA RETRO TO NOV 30 12-6161-541-91 PUBLIC EMPL NET ASSN PERA 12-1 TO 12-14 12-1111-SA)-)1 PUBLIC EMP'- NET ASSN PENA 12-1 TO IC -IA 13-4I4I-S69-92 P'11-:C EMPL -ET ASSN IERA RETRO TO NOV 30 13-4I41-S69-92 P_9L10 EMPL NET ASSN PENA 12-1 TO 12-1.9 74-4141-510-13 PEPSI COLA/TUP BTLC MIX PURCN 1,819 95 POGREBA GIST INC 110 00- POCRESA DIST INC 29. 75 POGREBA DIST INC 1.738 TO 715 75 1,519.09 A20.00 ,as .00 126.00 336 00 93 Sl SM.00 29) AS 6,TT3.86 1,062. 9S 20.TT- 1,022.18 . 1,060.46 POPHAM MAIN A ASSOC POPHAM MAIM 6 ASSOC POPHAM MAIM 6 AP90C POPHAM MAIN 6 ASSOC POPHAM MAIN A ASSOC POPHAM MAIN 6 ASSOC POPHAM MAIN 6 ASSOC POPHAM MAIN 6 ASSOC POPHAM MAIN 6 ASSOC PRIOR VINE CO PRIOR NINE CO QUALITY NINE CO 7I-0020-S1A-9S BEER POCH 7I-481S-$14-9S SOT RETURN 11-4816-S19-95 MIX POCM 11-1080-SI4-9S LEGAL RETAINER 01-4301-090-16 LEGAL COURT APR 4302-080-16 LEGAL CONSULT SERV V--6303-080-16 LEGAL CONSULT SERV 01-9303-125-31 LEGAL CONSULT SERV 01-0303-174-33 LEGAL CONSULT SERV 01-6303-249-42 LEGALL CONSULT SERV 01-4303-840-71 LEGAL CONSULT 4I-4302-002-00 LEGAL CONSULT 15-0303-932-00 NINE PURCN 11-/BIB-51'-95 WINE DISC 71-0811 5'V-95 LIU POCN TI-9810-st9-95 ...-CNS ..-CNS ...-CNS 1986 CITY OF ORONO CHECK REGISTER 1E 1-86 PALE e 1 CHECK NO DATE AM VENDO• ITEM DEz,CRIPTION ACCOUNT m INV • 1. 0 • MESSAG • 3656SO 12,31,86 - - QUALITY L CO LID DISC 71-4811-5 -- 365650 12/31/26 ,9 QUALITY I C0 PINE PURCN 11-181E-511-95 365650 12/11/96 oi- QUALITY Y. - 110 WINE DISC 71d613-51+-95 1.421 TT t 365693 12/31/86 1.E90.r 30MN M BCYUENtNC MAtx Ti CRO£ 74-9143 5 :-93 1.2A - E •v ••• •..-Lx5 O 365712 ''/31/86 164,38 0.0 E.R.B S NET DIV FICA RE.RO tD 10 NV 0'.-4142-039-12 365712 2•S1/86 130. 63 0.0.E.R S. 6.MET DIV FICA It/1 '0 12/14 Dt-4112-01'-12 36571E 1.186 26.-- D.O.E.R 5 S. RET DIV FICA RE'RO TO SO NV 01-442-GA -13 • 36571E %31196 1 O.0-E.R.S -- "l' FICA 12/1 TO 12/14 C-442-640-13 36571E 'Ile, t� 8- '.O.E.R. FICA BETIO 1 30 NV ZI 14e-QS� .4 36571E 12-N - ! 03 [+ O.E.R FICA tfn 1 --,14 0-142-09'1 14 • 365712 12%- 166 165.1" D.O.E.R .V FICA RE:TRO a 30 NV 01-4112-069-15 36571E ' AE 250 S9 O.O.L • :IV F-CA I2.1 {U '2/14 (11-042-069-I5 36571, :2.-., 66 100.0. D.O.E DIV R'96. '0 30 HOY • 365712 1,/31,66 13.27 U.0 ' N.B.6.RET DIV 'D IE/4 C.--,4L-OS.-'I 36571E 12/31,86 41.S7 0.0 • S.RET DIV 10 IP/14 01-4142-:11-- 36571C 12/31,86 121.9E D.L 3.RET DIV ''10 TO 36 NV 01-4142-i1: • 36571E 1E/311BC 87 ES D.0 S.RET 01V "0 IE/4 01-411E-11> 36571L 12/31/86 157 65 D S.RET DIV 1 10 -) NV 01-411E-14 365712 2/31/86 347. Be 1. S.RET DIV In '�,14 -4142-1111. • 365712 12,51/66 393. 74 0 .. 8.RET DIV •* 12/14 01-4142-24° 365712 12,31,86 52. 94 D U.E.. 3.S.RET 011 /4 01-4142-290 365712 IE.'31/86 74.S1 0 0 E.R.S.6.RET DI! 11• 71.1142-515- • 365712 12•31/86 0 90 O.O.E.R S.S.RET 0. - 1.. 11-u 1t-515-90 36571E 12/31/86 14,33 0.0 E.R. S.B.EET DIV - 0 MY 72-1142-549-91 365712 12/31/86 4S.83 D.0 E.R. B.B.RET DIV '/1 '14 72-4142-549-91 • 36571E 1213'IRS 14.33 D.O.E.R. 6.6. RET DIV el 1P 30 IV 73-4142-569--1 3C5712 12131/86 157,90 O.O.E.R.B.£.RET DIV FI1. .211. 73-4142-569-9F 365'12 12/31/86 87,99 D.O.E.R.B.B.RE: DIV FICA 1- 10 12/-1 '1 4142-590-93 • 2,480,03 I ,70 12/31/86 69 46 DON GTREICHER GUNS PERSONAL EQUIP I•-1221-129-31 .5740 12/31 /86 179.43 DON LllE ICMER RUNS EQUIP PIS 232-125-i1 \ 249.59 u u•. S ' 36S776 12,31,86 3.334,45 THORPE DIST CO SEER 'URCH 71-4815-5 .-95 365776 12/31/06 18.00- THORPE DIST CO BUT RFI 71-481t-5 4-.' 3.316. 45 •s••u •••-CNb e 365791 1 '31/86 750 20 TWIN C•Tt CO VI'i 1.4 71-481, IS 365791 lE/l ✓86 2.50- TYIN C'1' .ME .: .:ME C' Y1 :E 0 Be " 71-481i '-9• • 742.70 1986 CITY OF ORONO CHECK NO DATE 165 i96 t2/3*/86 365796 12/31/86 365796 12/31/86 n 365900 12/31/86 365900 12/31/86 366901 12/31/86 365902 12/31/86 • 365902 12/31/86 • 165903 12/31/86 • 3659L4 12/31/66 3G5904 12/31/96 • 365905 12/31,86 • 365906 12/31/86 • 3fi5907 12/31/86 • 365908 12/31/86 • • NCT912 /P/31/86 HC7942 12/31/86 • HO791C 12/31/86 • MC79H 12/31 '86 IS, 0-.CT945 12/31/86 MC7945 12/31:06 MCi945 12/34/66 CHECK REGISTER VENDOR ITEM DESCRIPTION 12-01-66 PAGE r ACCOUNT NO INV 6 P 0. 0 MESSAGE ...-CMS 1',30- UNIFORMS UNLIMITED CLOTHING -129 31 '"So TO UNIFORMS UNLIMITED CLOTHING -129'-1 16. 15 .•II1FORMS UNLIMITED CLOTHING 0�-F:2-1Yvt t,159.35 397. TO 5B INDUSTRIES INC JAN—PIAL SERVICEK 01-4349-01,-17 223. 60 CON INDUSTRIES INC JAMITG IAL SERVICEK 01-4349-129-31 611.30 39. 00 ERICKSON SALES CONCES..JNB RE9LE 74-4802-991-94 00 7:39 .50 MEATINC/COOLING TWO REFUND RTC COOLIN' 0 1222-000-00 50.00 HEATING/COOLING TWO REFUND MTC COOLIs 01-J133-000-00 50.50 67. 65 JACOBS/THOMAB MILEAGE 61-4381-.i4-33 6T. 65 4.00 LOCAL COVMT PROGRAM BOOKS 01-AE40-t29-31 10. 00 LOCAL GOVMT PROGRAM BOOKS 01-4240-IE9-3' 14,00 100.00 MN PLLUTION CONTROL SCHOOL 01-4356-P49-42 100 00 1T• ST PAUL STAMP WORKS PRIN+I 01-4322-18S-0F ITC 8 4 IIT.09 LORRAINE MCCOUAN MILEAGE 7I-4381-St5-90 Ili 69 4 485. 00 F 6 E SALES -Er' 'E CHECKURITER 14-4540-621-00 485.00 242.80 ED PMILLIPS .NE PU-' 71-481P-:14-NP 4.86- FU PMILLIPS WINE DI.- 71-4813-SI4-95 23T.9. 15.40 MN CLERKS ASSN MEMBERSHIP 01-4380-039-12 671.30 CAPITOLCIIY DIET WINE PURCM 71-4812-5'4-95 67t.30 1,18P.41 EAGLE D.— CO LIO PUNCH i' 4810-514-95 24 •I- EAGLE 0 -10 DIS 4811-5-95 1,-'88.,2 EAGLE ) UJNE PUNCH lle-514-its I,M6 CITY OF ORONO CHECK N0. DATE MCT945 12/31/86 MC7945 IZ131/86 MC7946 12,31/86 NCT946 12/31/06 MCT947 12/31/86 MC7947 le/31/86 HC7947 12/31/86 MC7947 12/31/06 MC7948 IE:31/86 MC7948 12/31/86 MC7946 12/31/86 HC7948 12/31/86 NCT949 12/31/86 MC7950 12/31/86 MC79SO 12,31/06 MC7950 12/31/86 MC7950 12/31/66 KC79SO 12/31/66 14C7150 12/31/86 AC79SO 12/31/86 HC7Y50 12,31/86 MC7950 IZ131186 MC7950 12/31/86 XC79S0 12/31/86 MCT 5- 12/31/86 MCT 12/31/86 AMOUNT 2T.26- 46 OS 2,565.19 528 60 S.e9- 523.31 1,053.56 3T.OT- 1,936.66 40.26- 3,T12.0T 1,iT2. 00 25.46- 562.60 5.60- 1,703,62 99.00 99,00 121.09 3.T2 492.34 60.55 4.71 1 E9. 74 11.94 26.1T- e6.lT 26 1?- 26.1T 2f 1T .44 859.10 25. 4ST. 4e 485.00 63,76 54.00 518. 62 e3. T53.21 169.68 6TO. 60 1,800.76 52.973.05 CHECK VENDOR EAGLE DIST EAGLE DIST INTERCONTL PKG INTERCONTL PNC ED PHILLIPS ED PHILLIPS ED PHILLIPS ED PHILLIPS QUALITY WINE QUALITY WINE QUALITY WINE QUALITY WINE OFFICE PRODUCTS POSTMASTER POSTAGE POSTMASTER POSTMASTER POSTAGE POSTMASTER POSTMASTER POSTMASTER POSTMASTER POSTMASTER POSTMASTER POSTAGE POSTMASTER FUND 01 TOTAL "NO 14 TOTAL FUND 23 TOTAL FUND 41 TOTAL FUND 45 TOTAL FUND 71 TOTAL FWD TL TOTAL FUND 73 TOTAL FUND 74 TOTAL TOTAL vq ITEM DESCRIPTION WINE DISC NIX PUNCH WINE PUNCH WINE DISC LID PURCN LID DISC DINE PURCN NINE DIC LID PUNCH LID DISC WINE PUCK VINE DISC SCHOOLS POTACE POTAGE POAGE POSTAGE POSTAGE POTAGE POTAGE POTAGE POTAGE POTAGE POTAGE POST -CS POTAGI 12-3t-86 once R ACCOUNT NO INV. 6 P 0. • MESSAGE 7I-4913-514-95 MANUAL 71-4820-514-95 MANUAL 7I-4012-514-95 MAN•. 'L 71-4E13-514-95 MANUAL 7I-4010-514-95 MANUA TI-4211-514-95 MANUAL 71-4812-514-95 MANUAL 71-4013-514-95 MANUAL 7I-4810-C14-95 MANUAL 71-4811-514-95 MANUAL 7I-4d:2-514-95 MANUAL 7I-4813-514-95 MANUAL 0' --039-1E MANUAL 01-43el-139-12 AANCIAL 01-4321 040-t3 MA UM. 01-437t-059-14 n/ •/L 01-4- 1-069-IS f AL o1-4121-129-31 1 •AL 01-4321-174-33 •UAL 01-43` '-42 • NUAL 13-41 TO MANUAL 13-43t TO MANUAL 13-439 80 MANUAL 13-4321-f01 80 MANUAL 45-4321-432-OD MANUAL 72-4321-549-91 MANUAL GENERAL FUND IMPROVE 6 EQUIP OUTLAY F MUNIC STATE AID CONS FUN PERM IMPROVE REVOLVING F 1985 SPEC ASSESSMENT FUN LIQUOR OPERATING FUND WATER OPERATING FUND SEVER OPE 'TING FUND GOLF LOUR': OPERATING FF •••-CMS t986 CITY OF ORONO CHECK REGISTER 12-22-86 PAGE I CHECK N0. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV 6 P.0 0 MESSAGE 356002 IQ/l7/86 7.50 A-1 MINNETONKA RENT EQUIP RENTAL 01-4331-129-31 7.50 ••u•• ...-CKS 356006 12.'i T.'86 63.60 ACRO-MINNESOTA INC OFFICE SUPPLIES 01-4210-129-31 63.60 356014 1./1T/B6 85. 50 ALL STAR ELECTRIC STREET LIGHTING 01-4325-249-92 356014 12/'7/86 121. 09 ALL STAR ELECTRIC MAIMT BLDG 01-0343-129-31 206 S9 •••••• .• -CKS 356030 12/11/86 2.70 AT 6 T INFO SYSTEM TELEPHONE 72-4320-549-91 356030 12/17/86 6.OS AT 6 T INFO SYSTEM TELEPHONE 73-9320-569-92 6.75 356031 12/17/86 1.91 AT 6 T COMM TELEPHONE 01-0320-069-15 3SS031 12/l7/86 T.02 AT 6 T COMM TELEPHONE 01-4320-129-31 356031 12/17/86 .i5 AT 6 T COMM TELEPHONE 01-4320-174-33 356031 t2/ti/86 8.93 AT 6 T COMM TELEPHONE 01-4320-175-34 18.61 M604R ti/17/86 39.50 ASPLUND COFFEE MEETING EXPENSES 91-9382-DEO-11 3560.2 12/17/86 39.50 ASPLUND COFFEE MEETING EXPENSES 01-43B2-179-33 79.00 iA....• .•.-CKS 3S60C 12,17/86 55.00 BLACKOYIAK 6 SONS MAINT BLDG 01-43e3-099-17 35601 12/17f66 100.00 SLACKONIAK 6 SONS MAINT BLDG O1-<- 3-290-61 35606_ l2/tT/B6 38.20 BLACKONIAK 6 SONS RAINY BLDG T-A343-5'S-90 193.00 ...... ....CKS 3SG130 12/17/86 142.10 COLONIAL LIFE INS CO HOSP INS 01-6151-129-31 1A2.10 u•u• u•-G9S • 1156133 12/17/86 9.00 COMM-REV SALES TAX SALES TAX NOV 01-2E22-000-00 356133 12/17/66 9.00 COMM-REV SALES TAX SALES TAX NOV 01-3500-000-00 1 356'33 it/17/66 5.00 COMM-REV SALES TAX SALES TAX NOV A1-2E22-000-00 356133 lC/iT/B6 3.196.00 COMM-REV SALES TAX SALES TAX NOV T1-EGEE-000-PO 356133 1E/17/86 3.00 COMM-REV SALES TAX SALES TAX NOV 74-E8EE-000-00 3.217.00 R - ...... ....CKS f 356139 12/19/86 100.00 COMMERCIAL EMBLEM CLOTHING 01-4221-129-31 ' 1986 CITY OF ORONO CHECK REGISTER 12-22-86 PAGE 2 / CHECA NO DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV • P 0 • HE: SAGE / 100.00 ...... .... 356142 12117186 200.5E COPY DUE PR INC OFFICE SUPPLIES 01-4210-129-31 200.5E 356143 l2/t7/86 4.50 COMMERCIAL LIFE INS LIFE INS 01-4152-039-12 356743 12/1T/S6 2.70 COMMERCIAL LIFE INS LIFE INS 01-41SE-069-15 • 356143 le/IT/SS 3.60 COMMERCIAL LIFE INS LIFE INS 01-4152-121-31 356143 12/l7/86 3.60 COMMERCIAL LIFE INS LIFE INS 01-a 52�126-]t 3561.3 12/f T/86 0.10 COMMERCIAL LIFE INS LIFE INS 01-A152-129-31 • 356143 12/17/86 3.60 COMMERCIAL LIFE INS LIFE INS 01-4l52-174-33 356143 12/17/96 5.40 COMMERCIAL LIFE INS LIFE INS 01-415E-2A9-42 356143 12/17/86 .90 COMMERCIAL LIFE INS LIFE INS 01-41S2-290-61 • 356t43 12/17/66 2.70 COMMERCIAL LIFE INS LIFE INS 71-4152-SIS-90 3561A3 12/I7/86 1.08 COMMERCIAL LIFE INS LIFE INS 72-4152-549-91 356143 12117/86 1.62 COMMERCIAL LIFE INS LIFE INS 73-4t52-569-92 • 356143 12/17/86 .90 COMMERCIAL LIFE INS LIFE INS 74-415E-590-93 38.70 • ♦•uu •u-CKS 356150 1a/17/66 16,00 CULLIGAN MAINT SLOG 01-93a3-099-17 • 356150 12,17:86 10.50 CULLIGAN RAINY BLDG 7t-4343-515-90 356150 12/17/86 2.25 CULLIGAN MAINT SLOG 74-4343-590-93 28.75 • •a.a.. .••-CR4 • 356228 12/I7/86 49,500.00 FIRST TRUST CO INC BONDS DUE '11/87 S-4610-SOB-00 356228 12/17/06 500.08 FIRST TRUST CO INC BONDS DUE I/l/87 •S-4610-908-00 356226 12/17/86 331200.00 FIRST TRUST CO INC INT DUE 1/I/8T 45-4620-100-00 • 83,200.00 uua• ^•.-CYS • 356290 12/17/86 325.00 FRSTZLER I MARK ARTS RIFLE 01-9560-t29-31 ]25.00 ]56245 IZ117186 16.23 GOVMNT BUSINESS STS OFFICE SUPPLIES 01 _10-039-12 356245 12/17/86 130.00 COVMNT BUSINESS SYS OFFICE SUPPLIES 01-4210-040-13 146.23 C ♦a•a•. ...-CKS C 356256 12/17/86 28S.71 GENUINE PARTS CO EQUIP PARTS 01-4232-249-42 356256 12/I7/86 1.41 GENUINE PARTS CO EQUIP PARTS 73-4212-569-91 356256 1z/17/86 1.41- GENUINE PARTS CO EQUIP PARTS 73-4212-569-91 r 356256 12/17/86 1.41 GENUINE PARTS CO EQUIP PARTS 73-4232-569-98 290.1E ...... ....CKS 1986 CITY Of ORONO CHECK REGISTER 12-22-86 PAGE 3 r - CHECK NO DATE AMOUNT VENDOR ITEM OESCPIPTION ACCOUNT NO INV • P 0 • MESEAeE 356258 12/17/66 69.50 GLENWOOD INGLEWOOD UTILITIES 01-e324-099-17 356258 12/I7/86 12.e5 GLENWOOD INGLEWOOD UTILITIES 01-e32e-099-1I ♦ 81.95 • ' uwu• •••-Ce. f 356267 12I17/86 1,108.03 GOLF CAR MIOYEST MAINT EOVIP 7e-43e2-590-93 1,108.03 p • •uwu •••-CA$ • 356E75 1a/17/86 452 97 GROUP HEALTH INC HOSP INS 01-e151-129-31 1 356275 12/17/86 68.35 GROUP M-ALTH INC HOSP INS 01-e151-Ile-33 356275 12/17/86 150.99 GROUP HE, TH INC HOSP INS 7e-4151-590-93 • 672.31 -••-CK6 •w••w• • 356308 12I17/86 5,1.13 HENN CTT SHERIFF OPT RAO10 RENTAL 01-e330-129-31 5,414.13 • •••-CMS I •••••• • J56]30 12/17/86 77.32 ICMA RETRMHT CORP ICMP 11,17-11/30 CI-a1<C_2J9-It 77.32 - • •wuu ....... 356372 12/17/86 68.83 JOHNS AUTO SUPPLY EOUIP PARTS 01-eE32-129-3J • 356372 12/17/86 95.89 JOHNS AUTO SUPPLY EOUIP PARTS 01-4232-2e9-e2 18e.72 .• -CKS • •..... 356385 12/17/86 38.97 KEAVENYS DRUG OFFICE SUPPLIES 01-e210-129-3t • 38.97 ....CKS 356388 12/I7/86 16.00 KILBO-MELVIN MEALS 01-e381-129-31 16.00 • ..•-CKS ••uu • 356391 12/17/86 e.31 KNUTS]N/CHARLOTTE MILEAGE 01-e381-069-IS 4.31 - ••w-CKS • ••uw 356e35 12/17/86 286.77 LOGIS/SUITE 32U ADMIN BERV NOV 01-43SE-069-IS 356035 12/17/86 53.59 LOGTS/SUITE 320 ADMIN BERV NOV 01-4352-129-31 356435 12/17/86 914.56 LOGIB/SUITE 320 DATA FROG NOV 01-4355-069-15 _ M6435 12/17/86 339.IS LOGIS/SUITE 320 DATA FROG NOV 01-43SS-129-31 356e35 12/17/66 75.66 LOGIS/SUITE 320 DATA PROC NOV 71-e355-SIS-90 1986 CIIY OF ORONO CHECK REGISTER i CHECK NO DATE AMOUNT VENDOR ITEM DESCRIPTION r 3S0435 12/17a96 63.03 LOCIS/SUITE 320 ADMIN SERV NOV 3 435 IE117186 2.68 LOC1S/SUITE 320 COURIER DP 356.35 le/!T/86 8.36 LOSIS/SUITE 320 DATA FNOC NOV 356435 1En N86 94.53 LOGIS/SUITE 320 ADMIN SERV NOV 35605 12/17/86 . 02 LOG18/SVITE 320 COURIER OP 356A35 12/IT/66 2T.35 LOGIS/SUITE 320 DATA PROC NOV • 11865.00 + 356437 12/17/06 570.00 CITY OF LONG LAKE FIRE SERV ATM GIN .510.00 . • 356..5 12117.,8E 40.00 LYMAN LUMBER BL01 SUPPLY .0.00 . • ...... 356457 12/17/86 85.00 MAGIC CLEANERS MAINT MISC • 85.00 ....++ • 35616E lE/I7/86 406.33 MARTINS NAVARRE 66 MAINT AUTO EQUIP .08.33 • + • 356.1. 12/17/86 15.T34.72 METRO WASTE CONTROL MNCC JAN 1987 15,734.72 . • ...... 356485 12/17/86 E9.40 MPLS OXYGEN CO FAINT MISC EQUIP • 29..0 356490 12/17/86 459.66 MINNEGASCO UTILITIES .59.66 . e 3565<1 12/17/86 E27.79 NAIL GUARDIAN MAINT BLDD 22T.79 356548 12/17/86 1.25 NAVARRE HARDWARE OFF . SUPPLIES 356548 lE/I7/86 27.33 NAVARRE HARDWARE BLDG SUPPLIES 356598 lE/17/86 32.7E NAVARRE HARDWARE EQUIPMENT PARTS 35654J 19/17/86 10.59 NAVARRE hAROWARE EOUIP PARTS op 356548 IE/I1/86 11.80 NAVARRE HARDWARE EQUIPMENT PARTS 12-22-8E PAGE + ACCOUNT NO INV R P O . NESSAGE 72-4352-549-91 72-13S3-S41-91 72-43SS-549-91 73-43SE-569-92 73-4353-569-92 73-4355-569-92 01-431A-130-32 74-4231-590-93 01-43.2-129-31 01-4341-129-3. 73-128E-000-00 01-4342-249-42 1-4324-099-:7 71-4343-SIS-90 01-4E10-040-13 E.-9231-129-31 01-4E3E-10-31 O1-4E32-114-33 O1-.E3E-E49-42 1986 CITY OF ORONO CHECK REGISTER 12-22-AG PAGE 5 CHECe NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT 140 INV 1 P . • ME-AlF 3S65e8 12r17/86 it 15 NAVARRE HARDWARE EQUIP PARTS 01-•Z32-290-61 356518 12/lT186 8 10 NAVARRE HARDWARE BLDG SUPPLIES Tl-A231-515-90 3S6See 12/17/86 6.03 NAVARRE HARDWARE EQUIPMENT PARTS 72-e232-5e9-91 3S6548 12/I7/86 12 Be NAVARRE HARDWARE EQUIPMENT PARTS 73-9232-569-92 3565C8 12:17/86 29.60 NAVARRE HARDWARE SLDI. SUPPLIES 74-4231-590-93 151.15 356552 12"7/86 2.60 TERI NAAS MILEAGE 01-4381-0.0-13 2.60 356559 12/17,86 31.86 NSP UTILITIES 01-e3E•-2,I9-e2 356559 12/11:8E 76.71 ASK UTILITIES 71-e324-SIS-90 35GESS 12/17/86 59.16 NSP UTILITIES 72-e324-519-91 356559 12/17/86 85.82 ASP UTILITIES 73-9329-E69-92 253.55 . 356568 12/17/86 38.60 NORTHUESTERN BEIL DATA PROCESSING 01-4320-129-31 356566 12/17/86 19.50 NORTHUESTERN B DATA PROCESSING U1-e320-2e9-e2 356568 IE117186 20.72 NORTHWESTERN BELL DATA PROCESSIUG 01-A3S5-069-IS 356568 IZ117186 52.16 NORTHWESTERN BELL TELEPHONE 7I-e320-SIS-90 355563 12/1T/86 12.e0 NORTHWESTERN BELL ADVERTISING 7I-4323-515-90 356568 12/17,86 21.80 NORTHWESTERN BELL TELEPHONE 72-9320-5e9-91 35656A 12/17/86 16.57 NORTHWESTERN BELL DATA PROCESSING 72-e355-509-9t 35656^ '12/17/86 32 69 NORTHUESTERN BELL TELEPHONE 73-e320-S69-92 356568 12/17/86 2e.86 NORTHWESTERN BELL DATA PROCESSING 73-e355-569-92 239. 30 u••.. CRS 356S97 12/17,66 73.51 PUBLIC EMPL NET ASSN PERA 11/I7-11/30 01-41et-039-12 356597 12,11,86 e.26 PUBLIC EMPL BET ASSN PERA 11/17-11,30 01-4141-0+0-13 T56597 12/17/66 2.3e PUBLIC EMPL RET ASSN PENA 11/17-11/30 01- el- 99-11 356597 12/17/84 :05.13 PUBLIC EMPL RET ASSN PENA 11/17-11/30 01-e1a .69-I5 356597 12,17/86 11.26 PUBLIC EMPL RET ASSN PENA 11/IT-11/30 01-e1.1 091-17 356517 12/17/66 ",.?.Be PUBLIC EMPL RET ASSN PENA 11/1T-11/30 0'-1111-I11-31 356597 IE/17/86 853.13 PUBLIC EMPL NET ASSN PENN HOLIDAY PAY 01-41.1-113-31 356597 12/17/66 51.14 PUBLIC EMPL NET ASSN PENA 1111T-11/30 01-e1e1-I15-3t 356597 12/1 T/86 351.87 PUBLIC EMPL NET ASSN PENA 1111T-11130 01-4191-121-31 356597 11117166 338.03 PUBLIC EMPL NET ASSN PERA HOLIDAY PAY 01-e1e1-le3-31 356597 12/I7/86 535.30 PLBLIC EMPL RET ASSN PENA 11/17-11/30 01-0141-126-31 356597 12/f"/86 e16.61 PULLIC EMPL RET ASSN PENA HOLIDAY PAY 01-e1 et-128-JI 356597 12/tT106 208.80 PUB..IC EMPL NET ASSN PERA I1/I7-11/30 01-1-41-174-33 356597 12/17/86 2e1.71 PUBLIC EMPI. MET ASSN PENA 11/17-tl/30 O1- 91-2e9-A2 356597 12/I7/86 LS.AS P•IP'_IC EMPL NET ASSN PENA 11/.T-tl/30 01-e'. .1-290-61 356597 12/11/86 157. 47 'C EMPL NET ASSN PENA 1111T-11/30 7I-e111-S15-90 356597 12/1'186 103.02 C EMPL NET ASSN PER' it/17-11/30 72-e1e1-549-91 35659T IE/1:/86 163.23 C EMPL NET ASSN PENA 11/I7-It/30 73-01e1-569-92 35659T 12/t9/86 53.63 r .1C EMPL RET ASSN PENA 11/17-11/30 T4-4141-590-93 e,813.61 T986 CITY OF ORONO l CHECK. NO DATE 35661J 12/17/86 3566E1 12/lT/86 • 35662, 1E/IT1E6 356'.F' 1a/17,96 3S662 12/17/56 35662 12/17/86 356621 1E/1T/SG 35662, 12/I7/86 35662, i2/I7/86 35E6E, 12/17/86 35662, 12/I7/86 3566E1 12/17/86 356621 IE/I7/86 35662, 12/17/86 356628 12/17/86 356628 lE/17/86 356628 IE/17/86 356628 12/17/86 356628 1?/lT/S6 356625 12/17/86 356628 12/I7/86 356628 12/I7/86 356628 IE/IT/86 356628 12/I7/86 356628 1E/1T/86 356629 12/I7/86 356638 12/17i86 t 356693 12/17/86 3S6643 1 E/1 T186 3S6693 12/1T/86 A 356643 t2/17/86 356613 l2/17/86 M643 12 H T/66 U6643 12/17/66 CHECK REGISTER 12-22-86 PAGE 6 AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO •.V R P 0 • ME -SAGE ..•-Ch5 872.50 PERRYS TRUCK REPAIR MAINT AUTO EQUIP 01-a3a1-2.9-A2 e72,50 . ...-rKc 99.S7 PHYSICIANS HEALTH HEALTH INS 01-2301-000-00 533.64 PHYSICIANS HEALTH HEALTH INS 01-3872-000-00 5S2.54 PHYSICIANS HEALTH HEALTH INS 91-4151-039-12 259.56 PHYSICIANS HEALTH HEALTH INS 01-4151-069-15 199.14 PHYSICIANS HEALTH HEALTH INS 01-41S1-121-31 949.66 PHYSICIANS HEALTH HEALTH INS DI-<I51-126-31 1.002.01 PHYSICIANS HEALTH HEALTH INS 01-4151-129-51 250.56 PHYSICIANS HEALTH HEALTH INS 01-4151-174-32 603. 96 PHYSICIANS HEALTH HEALTH INS 01-4I51-249-42 150.99 PHYSICIANS HEALTH HEALTH INS Ot-4151-290-61 401.55 PHYSICIANS HEALTH HEALTH INS 71-9151-515-90 100.22 PHY`ICIANS HEALTH HEALTH INS 72-4151-Sa9-91 150.36 PHYSICIANS HEALTH HEALTH INS 73-41SI-569-92 ♦.59S.SA . 689.19 POPHAM MAIM 6 ASSOC LEGAL RETAINER 01-4301-080-16 4,837.53 POPHAM MAIM 6 ASSOC LEGAL COURT 01-4302-080-16 919.08 POPHAM FAIN 6 ASSOC LEGAL CONSULTING 01-4303-080-16 E4.00 POPHAM "AIM 6 ASSOC LEGAL CONSULTING 01-4303-129-31 E83.60 POPHAM MAIN 6 ASSOC LEGAL CONSULTING CI-4303-299-42 930.96 POPHAM MAIN 6 ASSOC LEGAL CONSULTING 01-9303-890-71 9.00 POPHAM MAIN 6 ASSOC LEGAL CONSULTING 61-4303-401-00 109.00 POPHAM HAIK 6 ASSOC LEGAL CONSULTING 41-4303-402-00 16.00 POPHAM MAIN 6 ASSOC LEGAL CONSULTING 4I-9301-697-00 1.818. POPHAM MAIN 6 ASSOC LEGAL CONSULTING 45-9303-4.-?-00 1G POPHAM MAIK 6 ASSOC LEGAL CONSULTING 13-4303-569-9: 8.9ST.;_ 13.00 POSTMASTER PO"AGE 01-4321-IE9-31 13.00 . 71.00 PRAIRIE OFFSET PRINTING 01-9122-185-35 71.00 5.08 PRUDENTIAL LIFE INS 01-41SS-039-1E 11.69- PRUOENTI AL LIFE EMS 01-9:52-069-IS 13. TS PRUDENTIAL LIFE INS 01-915E-121-31 3.60 PRUDENTIAL LIFE INS 01-41SE-126-31 8.60 PRUDENTIAL LIFE INS Ot-91SE-129-31 6.80 PRUDENTIAL LIFE INS 01-91S2-176-33 5.40 PRUDENTIAL LIFE INS 01-415E-219-92 ,u-CMS 1906 CITY OF ORONO ENE REGISTER 12-2vt6 FACE I CHECK NO DATE AMOUNT VENDOR ITEM DESCRIP.ION ACCOUNT NO INV 0 P 0 4 .ES-AGf 4- 356643 12n ].86 34.31 PRUDENTIAL LIFE INS 71-4152-SIS-90 3SG643 12/17/$f 4.9E PRUDENTIAL LIFE INS T2-4152-549-91 356643 1!/tT/86 7.38 PRUDENTIAL LIFE INS 93-4152-569-9t w TS 9S ...... .... 3651 1217/86 85.11 QUALITY PARK PROD OFFICE SUPPLIES 01-4210-039-12 ]SS55651 12117,16 85.1E QUALITY PARK PPS' OFF3CF. SUPPLIES C1-4210-I14-33 O 1T0 23 . • i56662 12/17/86 109.50 REED CANDY 6 TOBACCO CON-ESSIONS/RESALE 7.-4802-591-9. 109 SO . • u 4..• .0 •R9 IT1- 12/17/66 3.19 D.O.E. R,S. S. NET DIV MDCR NOV 01-4142-020-11 H2 12/17/86 214.85 D.O.E.R.S. S.RET DIV FICA 11/17-11/'G 01-4142-039-12 r12 12/17/86 7.17 O.O.E.R 8 S.NET DIV FICA 1l/17-11 /0 01-4142-040-13 V12 12/17/86 3.94 D.O.E.R.S.S.RET DIV FICA 11117-11/30 01-4142-OS9-14 'TIE 12/17/86 176.86 D.O,E,R. S.S. RET DIV FICA 11/17-11/30 O1-.142-069-IS a6712 'a/17/36 18,94 D.O.E.R.S.S NET DIV FICA 11/19-11/]0 01-41-42-099-17 356712 12/IT/66 21.81 D.O.E.R. S. S. RET DIV MDCR 11/IT-11/30 01-41A2 I1-31 35671E 7/96 $6.03 D.O.E.R.S.S,RET DIV FICA 11/17-71/30 0I-4142-115-JI ]66T12 1E/19/86 6. 17 D.O.E.R.S. S.RET DIV MDCR I1/lT-11/30 01-4142-126-31 • 3SGT12 12/17/EG 3S1.E6 D,O_E.R-S.S,RET DIV FICA 11117-11130 01-415E-174-33 3S6712 12,17/86 406,62 O.O.E. R,S. S.RET DIV FICA 11/I7-1•/30 01-41f±-Q{9-4E 35671C 12,17/86 42.81 O.O.E.R,S.S.RET DIV FICA ll/IT-11/3O 01-9142-t90-61 • 3S6712 12/17/86 6.12 D.O.E.R.S.S.RET DIV MDCR 11/1T-11/31 71-4142-SIS-90 356712 IE117/66 79.IT D.O.E.R.S.S.RET DIV FICA 11/1T-11/30 71-4-.42-5:5-90 356712 12,17/96 72.66 D.O.E.R.S.S.RET DIV FICA 11/1T-11/30 72-.•- S4r " • 356712 lE/lT/86 135.37 D.O.E.R.S.A,RET DIV FICA 11/IT-11/30 T3-4 569-9. 356T12 12/17/86 90.EE D.O.E.R.B. S.RET DIV FICA 11/17-11/30 74-4142-590-93 t.T23.i9 • ... u. .. -!KS • 356]40 ",71 86 40.90 DON STREICNER GUNS EQUIPMENT 01-4232-129-31 40.90 • • ...... ...-CKS 3S6792 12/17/86 45.SO TWIN CITIES DICTN SV OFFICE EQUIP 01-45,-129-31 • 45.50 .o-CNS ...... • 356795 12/17/86 2.25 INCB SUPERVALU OFFICE SUPPLIES Tt-4231-549-91 356795 12/ff/86 2.25 K IMGS S3MERVALU OFFICE SUPPLIES 73-IE31-569-9t 4.50 . ...-CKS .....• • 356821 12/1T/86 7.32 VILLAGE CNEVROLET EQUIPMENT PARTS 01-423E-t49-48 1986 CITY 0' ORONO T CHECK NO DATE f 356B35 12/11r86 ! :'i6666 12/I7/66 3SS901 12/17/86 ! 356902 12117/86 ! 356903 f2/17/86 P 3SG904 12/17/86 ! 356905 12/17/86 P 356906 12/17/86 e 356907 12/17/86 356908 12/17/06 356909 IE/17/86 356910 12/17/86 356911 12117/86 356912 12/17/86 356913 12/17/86 356914 12/i7/86 ! CHECK RLGI97ER -2i--6 PR6E ° AMOUNT VENDOR ITEM DESCRIP!lON ACIOVN• N. I'll • i P • n. a4E T .32 90. 60 UARNIND LITES INC EOVIP RENTAL 1.-.33 -42 99.00 + •••-CMS 28. 00 YIDMER BROS MAINT 6LDG 7I-4343-S19-90 88.00 50.00 LEN BACKUS 9 BAC..US TDO (00-01 50.00 115. 00 CONTROL DATA ADVIMF COMPARABLE NORTH 01-4306-03 -12 115.00 ITS. 40 RANCOR . 3 CONE SCHOOL 01-4356-129-31 ITS.00 369.80 FIRE SAFETY 6 COMM EOVIP PARTS 01-4732-129-31 369.80 50.00 GREG LONG 41081 G LONG 01-_300-000-00 so so 100.00 MINNETONKA SPORTSMEN MEMBERSHIPS DI-4Jfi 9-129-JI 100.00 60.00 MIDWEST TURF SPECIAL SNR/VTR CORBIN 45-4531-432-OC 60. 00 50.00 DALE MCCURDY 01098 MCCURDY 01-23OC-DOD-00 50 00 + 50.90 BOB MAXFIELD 01004 MAXFIELD 01-2300-100-0 50. 00 6.43 lIKING SAFETY PROD EOUIPIYENT PARTS 01-4232-129-31 8.43 2.445. 00 NESTONKA COMM SERV DONATIONS 01-430S-100-21 e,445.00 + 6.648,63 TRUST FUND OF THIEL !'ST JUDGEMENT-ASMTS 45-4i99-432-00 6,648.63 - 555.00 CITY OF MEDINA •E D COST 05/86 73-4344-569-92 SS5.00 100.00 HENN COUNTY TXEA' -IOEBSE FOOD 74-4383-590-93 100. o0 1986 CITY Oa ORONO CHECK REGISTEI ...... CHECK NO DATE AMOUNT ,- T ITEM DESCRIPTIO,, ACCO-1 :1 U, 1.V • P 0 • nE—! E 356915 !Z,T7rS6 180.00 ERNEST LEMMERMAN REMODEL CABINETS 1C-1E _-00 180.00 MCT934 12/I7/86 685. 86 QUALITY NINE WINE PURCMA!E 71- I£-514-95 MAI MCT934 18/17/86 6.80- QUALITY WINE WINE DISCOUNT 11 ♦aU-c.4 95 rAM 679.06 MC7935 12'11•d6 201 74 ED PMILLIPS WINE PVRCHnse 71-.112-514-95 nnno<- NCT933 IR. :.' 16 5 64- ED PMILLIPS WINE DISCOVNI 71-4813-.14-SS M.NV'i 276.10 MC793a 12/17/06 482.61 ED PMILLIPS WI E PURCHASE 71 +' 2-51w-9S n6nUAl HCT936 12/17/66 9.67- ED PMILLIPS WINE DISCOUNT TI-4813-514-iS ''ANUAL 472.94 RC7937 12/17/86 267. 63 POSTMASTER POSTAGE 0• ?1-185-"_ nANF4t 26T.63 MC7938 12/17/86 1.884.45 QUALITY WINE LIQUOR PULCM4;E 71-4610-514-95 MANUAL MC7938 IP/17/86 36.53- QUALITY WINE LIQUOR DISC 71-4611-514-95 MANVAL MC7938 12,17/83 521.39 QUALITY WINE WINE PURCHASE MANUAL MCT938 12/1?186 5.16- QUALITY WINE WINE DISC TI-4813-SI+ 95 MANUAL 2,364.15 MC7939 12/I7/86 21056 40 EAGLE GIST 0O'CR PUROHASK TI-4810-511-95 MANUAL MC7939 12/17/83 49. 89- EAGLE DIST LIQUOR OISCO—l' 71-4811-514-9C MANUAL 05.51 MC7940 12/!7/86 P03.50 JOHNSON BROS WINE PURCHASE 71-4812-514-15 M..W AL MC7940 12/17/0C 2.05- JOHNSON BROS WINE DISCOUNT 7I-4B13-514-95 n6N4A eal.45 HCT9.1 le". 64.40 PRIOR WINE WINE PURCHASE 71-481F-514-95 Mn.UAL MC7941 lE/17/86 1.66- PRIOR WINE WINE DISCOUNT 71-4813-5•4-95 MANUAL BE.T4 ..... ...-ca 511087.01 FUND 01 TOTAL GENERAL 1 00 FUND 11 TOTAL IMPROVE I EQUIP It OUTLAY F 14, 41.00 FUND 41 TOTAL PERM IMPROVE REVOLVING P FUND 45 TOTAL FUN 1985 SPEC RATING lu.T8T.4T 10. 198.59 FUND TI TOTAL FUN LIQUOR OPERATING FUND !64.48 FUND 72 TOTAL WATER OPERATING FUND l T,055.68 FUND 73 TOTAL SEWER OPERATING FUND 1.688.12 FUND 74 TOTAL GOLF COURSE OPERATING FD I72, 643.15 TOTAL 1987 CITY OF ORONO CHEC. REGISTER 01-12-87 PAGE 1 CHECK NO DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO I►:V 0 P 0 • MESSAGE 012003 01/07/87 50.00 ATOM MEMBERSHIPS 01-4380-129-31 50.00 + -1 +••w•« «••-CMS 012027 01/07/87 453.00 APPLE VALLEY AGENCY LIO LIB DEPOSIT 71-4378-SIS-90 012027 01/07/87 203.00 APPLE VALLEY AGENCY LIG 'IB DEPOSIT 74-4378-590-9'r. 6S6.00 • 012028 01/07/87 54.00 AM WATER WORKS ASSN ML >HIPS 72-4360-S49-41 54.00 s •••••« •••-CKS 012207 01/07/87 30.00 EMPLOYEE BENEFIT ADM WORKER COMP IN 01-4153-020-11(!" 01_EE07 01/07;87 2,677 00 EMPLOYEE BENEFIT ADM WORKER COMP I'S 01-4153-039-12 C1EZ07 01/07/87 227.00 EMPLOYEE BENEFIT ADM WORKER COMP I`4S 01-4153-069-15 012c07 01/07/87 4,500 00 EMPLOYEE BENEFIT ADM WORKER COMP ;NS 01-4153-121-31 012207 01/07/87 5,950 00 EMPLOYEE BENEFIT ADM WORKER COMP INS 01-4153-126-31 012207 01/07/87 18,988,00 EMPLOYEE BENEFIT ADM WORKER COMP INS 01-4151-129-31 012207 O1/07/87 5,787 00 EMPLOYEE BENEFIT ADM WORKER CrMP 115 01-4153-1T4-33 012207 01/07/87 11,898 00 EMPLOYEE BENEFIT ADM WORKER COMP 'S 01-4153-249-42 01?207 01/07/87 768.00 EMPLOYEE BENEFIT ADM WORKER COMP .NS 01-4153-290-61 012207 01/07/87 900.00 EMPLOYEE BENEFIT ADM WORKER COMP INS 71-4153-S15-90 012207 01/07/87 918.00 EMPLOYEE BENEFIT ADM WORKER COMP IN'.i 72-4153-S49-91 012207 01/O7/87 2,194.00 EMPLOYEE BENEFIT ADM WORKER COMP INS 73-4153-569-9c- 0122C7 01/07/87 914.00 ''IPLOYEE BENEFIT ADM WORKER COMP :N.i 74-41S3-S90-93 S5,751.00 + ••srww •++-CKS 012269 01/07/87 42.00 GOUT TRAINING SERV S^Hr'OL 01-4356-174-33 42.00 r •ss.a« +++-CKS 012297 01/07/8- 760.00 HENN CTY CHIEFS PTAC SCHOOL 01-4356-129-31 760.00 • s•s••r 012309 01/07/87 7.5S HENN COUNTY TREAS SP ASMNT CHARGE 01-4322-174-33 012309 01/07/87 6.15 HENN COUNTY TREAS SP ASMNT CHARGE 42-4322-905-00 012309 01/07/87 3.10 HENN COUNTY TREAS SP ASMNT CHARGE 43-4322-906-00 012309 01/07/87 16.30 HENN COUNTY TREAS SP ASMNT CHARGE 44-4322-907-00 0123C9 01/07/87 3.10 HENN COUNTY TREA- SP ASMNT CHARGE 4S-4322-908-00 012309 01/07/87 7.40 HENN COUNTY TREAS SP ASMNT CHARGE 73-4322-569-92 43.60 + •ss••s **a-CKS 012344 01/07/87 150.00 INTL CH OF POL MEMBERSHIP. 01-4380-129-31 150.00 • •ss••s +ss-CKS :987 CITY OF ORONO CHECV REGISTER CHECK NO DATE AMOUNT VENDOR ITEM DESCRIPTION 012348 01/07/87 70.00 iNTL CONF-BLDG OFFLS MEMBERSHIPS 70.00 t iit..t 012402 01/07/87 2,768,25 LAKEMTKA CONS DIST 1ST OTR DUES •ruts 2,768.25 s 012423 01/07/87 1,254,00 LEAGUE OF HN CITIES OTHER CONSULTING 1,254.00 irrtit 012450 01/07/87 10.00 MINNESOTA GFOA MEMBERSHIPS 10.00 + •irris 012470 01/07/87 5.00 METRO AREA MGMT ASSN MEMBERSHIPS 5.00 r •iirr• 012492 01/07/87 20.00 MINN ASSN CIVIL DEF MEMBERSHIPS 20 00 s •iirrt 012495 01/07/87 7.00 MN BENEFIT ASSN LIFE INS 7. 00 t iiirir 012500 01/07/87 1,850.00 MINN COMM PAGERS rss++t 1,850.00 • 012503 01/07/87 7i.00 MN CRIME PR OFF ASSN MEMBERSHIPS •sssst 75.00 r 012511 01/07/87 70.00 MN POLICE CHIEFS ASN MEMBERSHIPS rissrt 70.00 r 012526 01/07/87 10.00 MINNESOTA SUB NEWS PERIODICALS 10.00 s aiisss 01-12-87 PAGE 2 ACCOUNT NO INV 0 P 0 0 M£SSAyE 01-4360-174-33 t+s-CKS 01-4380-020-11 +r+-CKS 01-4306-17-9-31 ss--Cks 01-4380-069-15 00•-cKS 01-4380-039-12 srr-CKS O1-4390 -129-31 •s•-CK', 01-4152-1°9-31 +t•-CKS 01-4320-129-31 sss-CKS 01-4360-129-31 ttr-CKS 01-4380-129-31 iss-CKS 01-4240-0?9-12 rri-CKS 1987 CITY OF ORONO CHECK REGISTER CHEC✓. NO DATE AMOUNT VENDOR ITEM DESCP,IPTION OIES35 01/07/87 13,3S3.81 CITY OF MOUND FIRE CONTRACT 13,3S3.81 • 012571 01/07/87 80,000.00 NORWEST BANK MPLS NA BONDS DUE 2/1/87 012571 01/07/87 190,000.00 NORWEST BANK MPLS NA BONDS DUE 2!1/87 012571 01/07/87 2,160.00 NORWEST BANK MPLS NA INT DUE 2/i/87 OIES71 01/07/67 22,338.75 NORWEST BANK MPLS NA INT DUE 2/i/87 012571 01/07/87 26.40 NORUE9T BANK MPLS NA AGENT FEE 2/1/87 294,525.15 * ••»*»» 012638 01/07/87 67 SO PRAIRIE OFFSET OFFICE SUPPLIES 012638 01/07/87 67.50 PRAIRIE OFFSET OFFICE `:UPPLIFS 135.00 * ss»»»r 012711 01/07/67 96.50 STATE -MN DOCUMENTS BOOKS 96.50 * rer»ri 012724 01/07/67 1,39S.95 ST TREA-ST BDG INSP SURCHARGE 1,395.95 * rsr»ri 012859 01/07/f.7 60.00 WESTONKA CHMBR COM MEMBERSHIPS 60.00 * s»r»ti 012900 01/07/87 120.00 BURLINGTON NORTHERN BLDG RENTAL. 120.00 * 012901 01/07/87 1S6.00 COLE PUBLICATIONS BOOKS 156.00 * 012902 01/07/87 15.75 FIRE CHIEF MAGAZINE PERIODICALS 1S.75 * 012903 01/07/87 46.29 HUDSON MAP 00 BOOKS 46.29 • 012904 01/07/87 1S.00 LEAGUE OF MN CITIES PERIODICALS 15.00 * 012905 01/07/87 170.00 LAKE COUNTRY CHAPTER CONFERENCE 170."c - 012906 01/07/87 13S.00 MN INST OF LEGAL ED SCHOOLS 01-12-87 PAyF_ 3 ACCOUNT NO INV A P 0 • MESSAGE 01-4317-132-32 42-4610-902-'•0 42-4610-903-00 42-4620-90,i:-00 42-4620-903-00 42-4630-902-00 01-4210-039-12 01-4210-1 '4-33 01-•1240-129-31 0!-2222-000-00 01-4380-020-11 01-4332-099-17 01-4240-129-31 01-4240-ic9-31 01-4240-129-31 01-4240-129-31 01-4356-17A-33 01-4356-129-31 ***-CKS so*-CX8 **s-CKS s*•-CKS 1987 CITY OF ORONO CHECK NO DATE 012907 01/07/87 O1?908 01/07/87 012909 01/07/87 012910 01/07/87 •f•1ff HC7953 01/07/87 HC79S4 01/07/S7 HC795S 01/07/87 HC795S 01/07/P7 MC7956 01/07/87 HC7957 01/07/87 HC7957 01/07/87 •+*rss AMOUNT 135.00 25.00 25.00 20.00 20.00 30.00 30.00 f 172.00 172.00 • 0^.00 80. t. 180.00 180.00 f 16.00 16.00 * 737.26 15.00- 722.26 * 458.46 9.04- 449.44 * 74,196.10 294,531 30 3.10 16.30 3.10 2,524.70 972.00 2,201.40 1,117.00 375,565,00 CHECK REGISTER VENDOR. ITEM DESCRIPTION METRO EMERG MGMT ASN MN ON -SITE SEWAGE NALMS WASHINGTON CRIME NEW HENN CO CHIEFS U OF M GOLDEN VALLEY ED PHILLIPS LD PHILLIPS PRIOR WIVE PRIOR WINE FUND 01 TOTAL FUND 42 TOTAL FUND 43 TOTAL FUND 44 TOTAL FUND 4S TOTAL FUND 71 TOTAL FUND 72 TOTAL FUND 73 TOTAL FUND 74 TOTAL TOTAL MEMBERSHIfi3 MEMBERSHIPS MEMBERSHIPS BOOKS MEMBERSHIPS SCHOOLS MEETING WINE PURCHASE WINE DISC W;NE PURCHASE WINE DISCOUNT 01-12-87 PA;F 4 ACCOUNT NO INV 6 P 0 0 ME$.A.F GENERAL FUND 1966-76 SPEC ASSMNT FUND 1980 SPEC ASSESSMENT FUN 1982 SPEC ASSESSMENT FUN 198S SPEC ASSESSMENT FUN LIOUOR OPERATING FUND WATER OPERATING FUND SEWER OPERATING FUND GULF COURSE OPERATING FD 01-4380-'1:9-31 01-4380-174-33 01-4380-039-1L 01-424A-129-31 •**-CKS 01-4380-129-31 MANUAL 01-4356-i74-33 MANUAL 01-4356-129-31 MANUAL 71-4812-S14-95 MANUAL 71-4513-514•15 MANUAL 71-4812-514-95 MANUAL :'t-4813-St4-95 MANUAL ff*-CKS ACCOUNTING REPORT USER 00 1967 CITY OF ORONO NUMBER OF REPORTS NUMBER OF UPDATES NUMBER OF RECORDS LEVEL 1 LEVEL E LEVEL 3 LEVEL 4 LEVEL S LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 0 TOTAL GEMUNIS FINANCIAL SYSTEM 0 UPDATE DESCRIPTIONS 0 SUMMARY FILE PAYROLL 1,167 6ENEFIT ACCRUAL 0 ACTIVITY REPORT 0 CHECK REGISTER 0 TRIAL BALANCE _ 7 BALANCE SHEET 0 REVENUE STATEMENT 0 OPERATING STATEMENT 0 BUDGET WORKSHEETS 0 CLEAR-CURR-MONTH 2 CITY FILE OPTION PROJECT DEPARTMENT 1,198 CHART OF ACCOUNTS MO CHECK RECONCILE YEAR TO DATE PERIOD BUDGET RECORDS CREATED 0 0 A 0 1 0 0 0 0 0 0 0 x 0 01 0 O1/07/87 FINANCIAL REPORTS SCHEDULED RUN DATE 000000 REPORT DATE 000000 ACTIVITY REPORTS SCHEDULED RUN DATE 0107Q7 REPORT DATE 011287 PAYROLL POSTING DATES 000000 000000 000000 000000 PAGE 1 I PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE I I al &-j PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) 1. r �D S e 2. i ) S.at�n u , 6. 7. E1�S Lo�2-NHS �q-Pt� 1. :tipAd V 3 LO, Vf HL; 6. 7. ft j�► 'y'�t 444( 9. 0 M PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) 1.IaAh ooucdas--. Taf k 2 4. 5. 6. 7. 8. 9. 0. 1. .2. .3. .4. .5. .6 L 7 L8. 20. Z n-Fo � m a-�' i on IE +conn s 4b COu.nctl MFFTING 12 1987 E PUBLIC MEETINGS AND HEARINGS Anoka Landfill Expansion EAW--The Council will hold a public meeting on Ian. 14, 1987, to hear public comments on an environmental assessment worksheet EAW prepared to evaluate the proposed expansion of the Anoka Sanitary Landfill. The meeting will be held at 7:30 p.m, in the Ramsey Elementary School, 15000 Nowthen Blvd., in the city of Ramsey. For copies, call 291-6464. Candidates for Metropolitan Council --The nominating committee appointed by Gov. Rudy Perpich to recommend candidates for Council positions will hold two public meetings in lanuary. The purpose of the meetings will be to hear candidates describe their qualifications and viewpoints, and to hear people who want to speak on behalf of the candidates. The first meeting is to hear candidates in Council Districts 4. 6, 8 and 10. It will begin at 7 p.m., Ian. 6, in the Brooklyn Center Civic Center, 6301 Shingle Creek Pkwy., Brooklyn Center. The second meeting, for candidates from districts 2, 12, 14 and 16, will be held at 7 p.m., Ian. 7, in the Bloomington City Hall Council Chambers, 2215 W. Old Shakopee Rd., Bloomington. Candidates must be residents of the district they seek to represent and, according to state law, must be "knowledgeable about urban and metropolitan affairs." A general description of the districts follows: District 2 is the southern half of St. Paul, excluding Highland °ark. District 4 is the south-central third of Minneapolis. District 6 is north and northeast Minneapolis. District 8 is southern Anoka County, including Columbia Heights, Fridley, Hilltop, Spring Lake Park, Coon Rapids, Blaine, Lexington and Circle Pines. District 10 is the northern Hennepin County suburbs of Crystal, New Hope, Brooklyn Center, Brooklyn Park and Osseo. District 12 is the southern Minneapolis suburbs of Richfield and Bloomington. District 14 is Scott and Carver Counties, and Burnsville and Lakeville in Dakota County. District 16 is southern Dakota and Washington Counties. Members of the nominating committee are Bruce Nawrocki, chair; Mary Anderson; Mark Andrew; Marilyn Corcoran; Robert Orth; Vance ;)pperman; and Bill Wilson. Twin Citians interested in more information about the the nominating committee's activities should call Bill Lester of the Council staff at 291-6630 Applications were due by Ian. 2, 1987. E COMMISSION AND ADVISORY COMMITTEE NEWS Recent Appointments --The Council made the following appointrnen-s to advisory committees. 0 ALSO OF INTEREST Comments on Water Resources, Transportation Drafting Notices --Under a new state law, the Council gives public notice of its intention to revise its policy plans and establishes a public comment period The Council is currently in the public comment period for its Water Resources Management Policy Plan, Part 1, and its Transportation Policy Plan Copies of pre -drafting notices, which summarize the issues to be addressed in the plan revisions, are available from the Council by calling 291- 6464 Public comments must be received by Feb 2 19b' New Executive Director— David Renz. curwrtly assistant commission of administration for the state Departrrrent of Labor and Industry, is Coune it (hair Steve Keefe's rhoice Inn Council execunv,l director Rent will star, his new lob Feb i Waste Management Committee --Carolyn Voss. Committee on Aging --Carl Carlson, Betty Carr, Elizabeth Ebbott, Etta Furlow, Candidates for Regional Commissions -•Applications are now Being taken from Twin Citians interested in serving on the Metropolitan Parks and Open Space Commission, Metropolitan Waste Control Commission and Regional Transit Board. The Council appoints members, and suggests nominees for the chairs to the governor. Four district positions, plus the chairs, of each commission are up for appointment. District A is made up of most of St. Paul: B, northern Ramsey and Washington Counties; C, the south half of Minneapolis; and D, the north half of Minneapolis and its older, northwest suburbs. Two public meetings will be held in February to consider candidates. The meeting for Districts A and B will be held at 7 p.m., Feb. 10; 1987, in the Little Canada City Hall Council Chambers, 515 Little Canada Rd., Little Canada. The meeting for the three chairs' positions and Districts C and D will be held at 7 p.m. on Feb. 11, 1987, in the Meeting Room, Creek View Neighborhood Center, 5001 Irving Av. N., Minneapolis. Twin Citians interested in more information about the openings should call Bill Lester rt the Council staff at 291-6630. hpPlications are due by Ian. 30, 1987. Betty Green, Delores Hastings, Marvel Heath, Dee Knaak, Dwight Larson, Todd Monson, Mary lane Partyka, Betty Ristow and Joseph Skovholt. LAKE MINNETONKA CONSERVATION DISTRICT 473-7033 L.M.C.D. MEETING SCHEDULE January 1987 Jars - 5 �s87 Saturday 1-10-87 Water Structures & Environment Committee 7:30 a.m., J. J. Hill's Ironhorse Inn, Wayzata Saturday 1-24-87 Executive Committee 7:30 a.m., Park Bench Eatery, Spring Park Monday 1-26-87 Lake Use Committee 4:30 p.m., LMCD Office, Wayzata Wednesday 1-28-87 Regular Meeting, Board of Directors 7:30 p.m., Tonka Bay Village Hall 1-2-86 t` 00 M '--r a c .0 a U v G.ZUa ti Genmallnfonnation Location Tnc conference and pre -conference worksh..pc will Kill the Marriott Motel. 1919 East 78th Street tjust off 1-4144). Bloomington. MN 55420 t612i854-74411. A block of sleeping c rooms has been reserved for Frid y. January 30 449 single a or double occupancy). To receive these special rates contact the hotel directly by Friday. Jaauary 16 and mention that 174 you will be attending the Conference for Newly Elected. _ =E o Registration A c Register in advance by January 23. by mailing the attached E= " form. For multiple registrations, please duphcatz the form. c Note: You will not receive a written confirmation of your _ v y registration for this evtnt' v E e o Cancellation c c`n�r e d you participation mint he Notice of intent to cancel y c 'o reccivcd by CTS seven days prior to the progra, Substitutions for registered participants min• he made at -A n 73 air time. Should inel•_ment weather (or other O v> a rn v -v � A a circumstances beyond our cnntr.4► me sitatr program w ro v v; cancellation or N:,st, onemcnL particip-ints will he notified :y I n .0 ; via announcements on % CCO Radio and other bxa; radi., 3 " r w�- L Y 3 �' L stations. O O i t`r 7 v v A :� For Further Information Lori Johnson (ior registration assistance) �o Carol Schoeneck (for program yuestionc1 `f Government Training Service T L C u 202 Minnesota [Building z z -0 c c W vI .- 46 East Fourth Street c u o 4 m St. Paul. MN 551u1 oC, a 3 612.822 AN or !Minnesota toll free Sou 6;5?-9 7 L-: v v u rs v u :E.� c W M C.-c d c c .. i i k] d .c O "� Z F ve About the League of Minnesota Cities ... - The League is the official co••tkrativr a...ciati•m . :rtie T v T o = serving the needs and hest interests of the stools' c N E municipalities. It represents cities w+•rling together t , o c promote legislation on behalf of local g(n�rrnment and L - E v pro%idcs information and other res.,.irces to as.,al city - ❑ ❑ ❑ ❑ ea d officials in their effort:, to imprint the Vaoty of -Soviet- yE eery to Minnesota citizens. c About the Government Training Service .. . .0 CTS is a public organization whose mission is to meet the changing management and leadersh - needs of policy- d° d makers, staff and appointed officals by providing � to °- innovative, comprehensive. practical training and & ❑ ❑ z consulting to publicly funded organizations in Minnesota. League of Minnesota Cities Conference for Newly Elected Officials !-�nturday. January ;1. 19S7 Marriott Hotel Bloomington Pre -conference seminal-, t+>r all c:tv XId F.nh�lll(irrU V,,ar ttithirl thc C 'ly Tcam ridar. January 30. 19`,7 4larriott Hotel, Bloomington Conference for Newly Elected Officials Saturday, January 31, 1987 8:30 a.m.-4:30 p.m. Sponsored ry the League of vinnesota Cities VfQ Presented by the Government ftining Service (GTS) Now that elections are over. it's time for you to meet the challenge of governing your city. To help ease your transi- tion. LMC and GTS are offering a one -day conference. N'ho should attend The conference is nor newly elected mayors and council mcmhers. however, incumbent elected officials and ap- pointed employees will find it a valuable refresher course. Program 7:30a.m. Final registration 8:30 llelcome and introduction to the day 8•45 Survival tactics for the newh• elected official 9:15 Councils: ll hat they can and cannot do 10:20 Open Meeting Law & Data Practices act 11:00 Personal liability and conflict of interest 12:0o p.m. Luncheon L1�1 League of Minnesota Cities: A resource to cities 1:30 Governing your city— getting a good start Participants attend sessions based upon size of their cities: under 1.000: 1-5.11114l: over5.000. 1:30 Budgeting and finance 2:I5 Planning 3:15 Personnel and labor relations 4:00 Questions and answers (optional) 4:30 Adjournment Fee The conference fee of $45 per person includes tuition. materials, luncheon and breaks. A special "spouse" fee of $25 per person includes all of the above except materials. Faculty (partial listing) Mary Anderson, Mayor, City of Golden Valley Pat Sonniwell. City Clerk, City of Dassel Thomas Eidem, City Administrator, City of Monticello Thomas Gedde, Attorney at Law Jensen, Hicken. Gedde & Soucie, P.A. Robert Haarman, Administrator -Clerk, City of Sauk Rapids George Hoff, Attorney at Law. Hoff & Allen, P.A. Gunnar Isberg. Council Member. City of Northfield Timothy Kuntz, Attorney at Law LeVander, Gillen, Miller. Anderson & Kuntz Morris Lanning, Mayor, City of Moorhead George Marks, Council Member, City of St. Anthony James Miller, City Manager, City of Minnetonka: and President. League of Minnesota Cities Kathy O'Brien, Councii Memh: r City of Minneap. lis Donald Slater. Executive Director. League of Minnesota Cities Pre -conference program Ethics and Public Leadership Friday. January 30. 1987 9:00 a.m.-4:30 p.m. Sponsored by Government 7iainirrg Seri -ice Ethics are an inherent part of public policy. As v­ues become more complex, the ethical questions may he mor, difficult to recognize and.'or resolve. This workshop offers the city official an exceptional opportunity to • Explore the multiple perspectives and situationa! factors involved in developing public policy • Identify and apply ethical perspectives to real -fife cite situations • Increase awaraayss of the factors involved ir, individual and organizational moral decision; • Clarify one's own ethical framework • Enhance one's courage to act cthicaliy in private ar,d public life Format includes short presentations. small group discussions. specially designed exercises. This workshor r. a mucircondemed version of the Ethics in Public Policy Seminar offered to ::elected applicants at the Humphrv': Institute. Mate•ialskase studies have been adapted to locus specific:lh, on city situations. Note: Althc.urrh conflict of interest presents ethical considerations, this workshop will be much broader in scope than strict legalities and is therefore an excellent complement to the legal discussion of that'opic included in the Conference for Newly Elected Officials. Fee Registration fee of $75 includes tuition, lunch, breaks and materials. Faculty Bob Terry, Director, Reflective Leadership Program. Humphrey Institute of Public Affairs, university of Minnesota George Hoff, Attorney. Hoff and Allen Pere-eonferewe progra►n Eahancing Your Ef%ctivent" Within the City Team Fri lad. January 30. 19r17 7:00 A,wt.-9:00 qr. Spo► -wred bg .Nmnu-.,Utu lt+u,Irn cot l t;y c.,r•rntmrnt Irki Ow Lrwyue of %Imnesota Citw % llmsented by t..xdrn.ment Trutntrrg %m n-, Council members, soft. and commlasw,n rnernhers are a.. vital parts of city operations. 1c•t #,income+ thev ina&vrtently work ag.,inst one anudwr - e-<r, +^lien striving to aca,mpllsh tht vine goals. C-mmon cau+es are maJequate or marpmpttate communkathons as well as e,ortfusNon Atwout expec:ato nis rules, and authowAv- Thts sessloon expkwes the anwcd rs to such central +wstuxts as: • 111wt should you expect All staff" • What should staff expect of +rou• • What amdount of Informatnxt dkrta a a,un.i' mrn?hrr need to krxm allout v:.rhms department- vark,ut c ommtsslom • What tyTocs of regular .ommunicationk slwuid he ill place' • 11 v is tht hest way to, Avrk Moth etaff In regard to "calk cthttn compiarlts c,mmurlty crisrs' Through rresentatldon and small -group exercises. thro:y$-. real and ideal scenarios, participants will learn w4i to make the governance pn,cess as srrw,oth as p„esdsk. All ekctrd ottkrxk and adminrxtrative start ;re wrkome F" Regrstrath)n fee of S,;i Includes materWs anJ refreshments. Faculty_ Ham Brull. Vice I'r a •.. Puhllc �e;tnr �, n!ces Personnel Decision I<i. -Has pro%wc•d training. consultation and personnel a_scssmcnt sen•he. for a wtdr variety of local governments: owli•receivc,li as Presenter at recent League of Minnesota Cities Annual Conference and Association of Minnts,,ta Counties Leadelshtp Institute Wteran elected officials and city staff will tsc grouP facilitators. December 31, METRO DIGEST -o Square Building, St. Paul, Minnesota 55101 — .....,tly digest of .-, government officials Community Services 1986 N RECENT COUNCIL ACTIONS The Metropolitan Council took the following actions in December: Aging --The Council approved its 1987-1990 area plan for programs on aging. The plan sets work objectives for the four-year period and proposed Title III funding priorities and grant allocations for 1987. The Council uses the plan to distribute federal and state money for programs fcr elderly people in the region. In addition to the plan, the Council approved three applications for congregate nutrition projects and three for home -delivered meals. Grantees and the awards: Volunteers of America, S1,288,882, Ramsey Action Programs, S762,138; Scott -Carver -Dakota Community Action Program, S142,390; Greater Minneapolis Council of Churches and Hennepin -Anoka Home Delivered -Meals, $327,544; Ramsey County Community Human Services $203,311, and Scott -Carver- Dakota Community Action Program, S38,209. Health --The Council recommended approval of an application by MedPlus Transportation Services, Inc., for a license to provide advanced -life-support ambulance service. The service will provide scheduled patient transfers among all HealthOne-affiliated facilities in the region Long -Term Care --The Council adopted a legislative position paper on long-term care. It will be used by the Council to give legislative testimony and to support legislation. Metro HRA--The Council settled a lawsuit with a renter under the Section 8 rent assistance program that involved Metro HRA procedures for handling damage claims. Parks --The Council decided to request 125 million in state funds from the legislature to fund the continued acquisition and development of the regional park system and 1b million for a proposed park on Lake Minnetonka The Council also said it supported the continuation of a state law that provides partial funding for the operation and maintenance of the parks In other park -related actions, the Council -Added 1220.000 to a development grant for Lake Minnewashta and Baylor Regional Parks, the activities of the Metropolitan Council prepared for and community leaders. For more information, call the Department at 291-6312. -Approved a development grant for ! 1.75 million for French Regional Park; -Approved the fiscal year 1988.89 parks capital improvement program; -Decided to add state and federal iecreation lands to the regional park system. and -Approved the 1986 report on water access on Metropolitan Area lakes and rivers. Projects and Programs Under Council Review --The Council decided to waive its review and comment of a number of federal programs and to change the Council's referral procedures accordingly. (See enclosed Council resolution that lists program review changes ) In addition, the Council decided to discontinue all review activities related to federal and state health care projects. Sewers --The Council approved an agreement under which sewer service will be provided to the Shakopee Mdewakanton Sioux Community in Shakopee. The agreement includes service to 20 units of federally subsidized huusing in the Sioux Community area The Council received comments from the Metropolitan Waste Control Commission on the Council's notice to review its sewer policy plan. (See "Also of Interest" section below.) Solid Waste --The Council said the proposed vertical expansion of the Anoka Sanitary Landfill in the city of Ramsey is needed and is consistent with the Council's and Anoka County's solid waste plans. The Council approved a certificate -of -need for the proposed one million cubic- yard -expansion. concluding there are no feasible and Frudent alternatives to the expansion An environmental review of the proposal was not part of the action but will he conducted during the permit -review process The Council also set a public meeting on the environmental assessment worksheet prepared for the proposed expansion of the Anoka Sanitary Landfill (See "Public lieannps" section below ) The Council approved its 191% landfill Abatement Progress Report and its Metropolitan Solid Waste System Cost and Financing Report for the legislature. (The reports are being prepared for printing. See next month's "New Publications" list for availability.) The Council concluded that Joseph and Virginia Egan own land in candidate solid waste landfill site D in Anoka County and that Robert Sweet owns land in site Q in Anoka County. The action is a step toward the possible purchase of the property by Anoka County. Transportation--Th- Council approved the construction of Hwy. 3 (Lafayette Freeway) between Interstate Hwy. 494 and Hwys. 52 and 55 it Inver Grove Heights. The new road will be a four -lane divided highway, with connections to County Rd. �8, 70th St., Both St. and Hwys. 52 and 55. the Council urged the U.S. Army Corps of Engineers not to issue a wetland -fill permit so County Rd. 18 in Andover can be realigned. The area to be filled for the new alignment is a Department of Natural Resources -protected wetland. The Council asked Andover, Coon Rapids and Anoka County to look at alternative alignments or ways to mitigate the impact of the fill on the wetland. The Council received comments from the Regional Transit Board on the Council's notice to revise its transportation policy plan (See "Also of Interest" section below.) The Council also approved a regional transportation improvement program for 1987-1989. The program contains the transportation projects to be undertaken in the region during those years. Other --In other actions, the Council: forwarded comments on the Grass Lake watershed management plan to the Water Resources Board; approved its 1986 annual report to the legislature; approved an expansion of the year-2000 urban growth line to include all of White Bear Twp., approved a Brooklyn Park application to purchase highway right -of- way for Hwy 610, and commented on a -eport being developed in conjunction w, ; several regional agencies on administrative coordination so the comments can be considered in the final report t q A. as ociaRon of me ropolitan January 2, 1987 Irunicipalifies Dear Chief Administrative Official: Enclosed is a copy of the AMM's 1987-1988 Legislative program as adopted by the membership in November. This very comprehensive set of policies will guide the AMM's lobbying activities during the Legislative Session and at the Metropolitan Council. Your help and support for the AMM's lobbying efforts will help assure that the interests of the member cities are protected at the Legislature and Metropolitan Council. We would appreciate it if you would let your Mayor and Councilmembers know that you have received this set of policies and make it available for their review. To help hold down costs, we are not mailing individual copies of this Legislative Program to Mayors or Councilmembers. However, if your Mayor or Councilmembers would like their own copy, please call Carol Williams (227-5600) and she will be happy to send out additional copies. We nave sent a copy of our Legislative Program to every State Senator and State Representative. Direct contacts with your Senator and Representative in support of the AMM Legislative Program is encouraged and will be greatly appreciated! Thank you. Sincerely, a , i JtiiJ - 51987 Robert Thistle, President and Coon Rapids City Manager R T: c w L ----- —// encl. j 1 a-L All -0*'A 0 Is i iviivcr,it� .rvcivi, i,r i. !►aul, minnesuta 55101 (612) 227-56U0 Rai, CITY of ORONO Yost Office Box 66 • CrysW Bay, Minnesota 55323 • Municipal Of cm On the North Shore of Lake Minnetonka December 15, 1986 Ms. Gloria McDonald 3445 Crystal Bay Road Wayzata, MN 55391 Re: Planning Commission Appointments Dear Gloria, As you may be aware the City Council has requested that all persons interested in appointment for 19�- submit their interest in appointment by submission of a letter by January 5, 1987. As your appointments are up at the end of this year it would be appropriate should you have are interest in possible reappointment that you indicate such by January 5, 1987, It is anticipated that Council will consider individual applicationa at its January 12, 1987 meeting. Sincerely, Ma k Bernhardson City Administrator cc: Mayor City Council BUILDIN(: Q ZONING 473-7357 • ADMINISTRATION 6. FINANI'I 473 7358 • PUBLIC WORKS -- 473-7359 ASS L3SIN(: ("ITT Of ORONO Post Office Box (i(i•Crystal Flay, Minnesout 5..r.,=•Municipal Offices On the North Shore of bake Minnetonka December 15, 1986 Mr. George Rovegno, Jr. 2010 Shoreline Drive Wayzata, MN 55391 Re: Planning Commission Appointments Dear George, As you may be aware the City Council has requested that all persons interested in appointment for 1987 submit their interest in appointment by submission of a letter by January 5, 1987. As your appointments are up at the e:ld of this year it would be appropriate should you have an interest in possible reappointment that you indicate such by January 5, 1987. It is anticipated that Council will consider individual applicationa at its January 12, 1987 meeting. Sincerely, Ma k Bernhardson City Administrator cc: Mayor City Council HVII DING A ZONING - 473.7 33 7 • AD%l[NIS'fRA']10% & FI` %%( I 473 735S • PVHI K %ORKS - 473-7359 ASSFSSIN(; CITY of ORONO 1'08t Office Box 66•Crystal Bay, Minnesota 5W2S•Municipal Offices On the North .Shore of Lake Minnetonka December 15, 1986 Mr. Lee Erger 3265 Crystal Bay Road Wayzata, MN 55391 Re: Park Commission Appointments Dear Lee, As you may be aware the City Council has requested that all persons interested in appointment for 1987 indicate their interest through submission of a letter by January 5, 1987. As your appointment expires at the end of this year, it would be appropriate, should you have an interest in possible reappointment, that you indicate such by January 5, 1987. It is anticipated that Council will consider individual applications at their January 12, 1987 meeting. Sincerely, dark Bernhardson City Administrator cc: Mayor City Council BUILDING A ZONING 473-7357 • ADMINISTRATION A FINANCE - 473-7338 • K:HLIC WORKS - 473-7339 ASSESSING December 17, 1986 This letter sent to: Planning Commission and Park Commission Members Dear As you may be aware the election of James Grabek as Mayor will create a vacancy on the City Council in January. This is to invite ,ou as a current member of the (Planning) or (Park) Commission, that should you be interested in this appointment, that you su')mit a letter of intent together with a resume to the City Clerk by Janaury 6, 1987. If you have any questions please fey, free to give me a call at 473-7358. It is anticipated that the Council will discuss the screening and appointment of applicants at their January 12, 1987 meeting. Sincerely, Mark Bernhardson City Administrator hcc: Mayor and Council necer:ber 17, 1986 This 'etter sent to: Unsuccessful Candidates in November Election i)ear As you may be aware the election of James Grabek as Mayor will create a vacancy on the City Council in January. This is to invite you, that should you be interested in this appointment, that you submit a letter of intent together with a resume to the -ity Clerk by Janaury 6, 1987. If you have any questions please feel free to give me a call at 473-7358. It is anticipated that the Council will discuss the screening and appointment of applicants at their January 12, 1987 meeting. Sincerely, Hark Bernhardson City Administrator bcc: Mayor and Council To: Orono Council Members From: Jeanne A. Mabusth, Building & Zoning Administrator Date: January 6, 1986 Subject: Schedule for Council Member's attendance at Planning Commission meetings for 1987. The following is a schedule of assigned attendance for the Council Members to attend the Planning Commission meetings for the year 1987: January 20, 1987 - James Grabek (Tuesday) February 17, 1987 - J. Diann Goetten (Tuesday) March 16, 1987 - Barbara Peterson April 20, 1987 - William Sime, Jr. May 3, 1987 - To be appointed May 18, 1987 - James Grabek June 1, 1987 - J. Diann Goetten June 15, 1987 - Barbara Peterson July 6, 1987 - William Sime, Jr. July 20, 1987 - To be appointed August 3, 1987 - James Grabek August 17, 1987 - J. Diann Goetten September 8, 1987 - Barbara Peterson (Tuesday) September 21, 1987 - William Sime, Jr. October 19, 1987 - To be appointed November 16, 1987 - James Grabek December 21, 1987 - J. Diann Goetten Please advise the Building & Zoning Department (473-7357) if you are unable to attend on assigned meeting night. ir~i C. 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RE: O'CON NOR & HAN NAN AT fORNLYS AT Lf.J` '.a.,MOTON CM j O'COMNOw COW.aO W w=OO.t Cr.CL J I.aaCLU' OCOa6E w NN,N., Ja• 3800 IDS CENTER ;«0MAS wT "Co""OTT• 80 SOUTH EIGHTH STREET OV`..- DAv,D w McLlNco.I• P lC.AND 1. MOw6.N joMM'JT .wcs w $.» »aro»• c..PNLT PtoclV TcI Mrl[$ J .Msaosc. wM/( f IO$TCw• /[TCa N .AjON• (MIL. ■ /Aa AO,1C• MINNEAPOLIS, MINNESOTA 55402-2254 • oMAs w JOLLI• .Nowcw , JAiA DLslc.l• 16i21 341 3800 '['T'CA C. +r31[t • ►.rwrCw [ OooMNEW " o>`«T w J[M+rwf• a..T C DLP• Jos[►N N $L A'CN/ONo• JOMM • MCAoC' O .o / oil`A. .- a TELEX 29-0584 %"GORDJON iii•Irl wILLIAM T N AA» An "Oil IO$SI TELECOPIER 16I21 343-1256 M INOTNv N N.A.L• lf" o MEa 'ANT Ch DL COUwst N• wA*' S Olt CUCII" INCLUDING THE FORMER FIRM MACINTOSH 6 COMMERS Y1[IaT'4 - LAwwT D OALLE00$• ANNOLO a KAPLAN• rtw[NC[ P sovLC• j.M[$ A N.I ION$• ✓•..ANNL . Ozz.• ilL, Tc N oo SU11E SOO OI/ICi VELO*10 AZQUEZ 2[ p ID A 1.$St f$La• ONE UN .'to [AN. CCN'tw 10-9 ►C NNlvLVANIA AVENUE N W NAO.IO ,, $MIN 1100 L,NCOL. SINCE' WAf-..G'O.. O C f0006 3.82 .3I 31.00 DENVER. CO 60803•4547 Moil $$j 1.00 Trill f30.3 -NOT N(NGEw OI NINMC$OTA $Aw •303I 630 ,700 01 COO.AL I$[L COLooNN I It w.Nw , IPpA• DAVID BURL '"GAME- OAVIO C 1-ccN• womeNT WI[OANO II• t WILLIAM • DILLON JOfC/N E ,LLON MEMORANDUM Directors of Lake Minnetonka Cable Communications Commissioner , Thomas D. Creighto Mark J. Ayotte `� r Legal Counsel November 26, 1986 Request for Approval of Transfer of Ownership in Cable System and Transfer of Cable Franchise Please find below a summary and analysis of the proposed transaction regarding a request from Dow -Sat of Minnesota, Inc. ("Dow -Sat") to the Lake Minnetonka Cable Communications Commission ("Commission") to approve the sale and transfer of its cable system and cable television franchise to Dowden Cable Partners, L.P. ("Dowden Partners"). The purpose of this report is to provide the Commission with an understanding of the transaction and the standard for reviewing whether to approve it. I. INT"ODUCTION At the time of awarding the original cable communica- tions franchise, the Commission considered and approved the technical ability, financial capability, and legal qualifi- cations of Dow -Sat, as well as other appropriate factors. These same qualifications are to be considered and reviewed as part of the transfer requ(-.,I- as they relate to Dowden Partners. The sources of information used in examining these factors include a Private Offering Memorandum dated October 24, 1986 and other supplemental information provided by Dow -Sat and Dowden Partners dated November 8, 1986. II. DESCRIPTION OF TRANSACTION Dowden Communications, Inc. ("DCI")- the parent company :f Dow -Sat, has entered into an Asset Purchase ..greement dated October 24, 1986 with Bariston Cable Investors, L.P. ("Bariston Investors"). Under the Asset Purchase Agreement, Bariston Investors will. acquire from DCI, on the terms and conditions set forth in the Agreement, substantially all of the business and assets used or useful in connection with the ownership and operation of the cable system. Our review of the Agreement shows no adverse terms or conditions as it relates to the Commission's interests. The Agreement pro- vides for a closing date of not later than December 16, 1986. The primary question presented by a review of the trans- action is to whom the system and franchise are being trans- _.. (erred. As presented- L..e transferee will be Dowden Cable Partners, L.P., a Delawa::t_ limited partnership. Dowden Partners has two general partners. The first general part- ner is Bariston Cable Investors, L.P., a Delaware limited partnership. The other general partner is Dowden Communica- tions Investors, L.P., ("Dowden Investors") a Georgia limited partnership and successor to DCI. Dowden Partners will also consist of iarlous iim>:ted partners, who will merely be investors arn.d. who will not have authority to make business .recisions for the entity. Dowden investors is stoted to be the managing partner which will be responsible for management of the cable sys- tems by virtue of a management agreement. Bariston Investors will provide investment banking and financial P-:vices to Dowden Partners.. All fundamental decisions, including those with respect to i ancing, refinancing, acquis_tion or sale of cable television systems, and liqui- dation of Dowden Partners will require the concurrence of each of the general partners. The ultimat` transfer of the system and franchise to Dowden Partners will encompass a number of steps. Prior to the consummation of the transaction, either the assets of Dow -Sat will be transferred to DCI or Dow -Sat will be merged with and into DCI. Subsequently, DCI will transfer all of its assE..s to Dowden Partners and Bariston Investors will contribute money to Dowden Partners. After the transaction, - 3 - Dow-Sat's and DCI's corporation existence will be termi- nated. To facilitate an understanding of the transaction, it should be kept in mind that each of the organizations is a separate and distinct entity. Dowden Partners, Bariston Investors, and Dowden. Investors, are entities which have been or will be created for the purpose of accomplishing this transaction. III. STANDARD OF REVIEW The Commission's task in this process is to review the information provided regarding the transaction and to deter- mine whether to approve or deny the transfer of the fran- chise and system. The franchise and state law provide the Commissict. ith the express right to approve or disapprove a transfer of ownership in its franchise and system as a re- sult of a fundamental corporate change. The standard of review is that the Commission's consent shall not be unrea- sonably withheld. For the purpose of determining whether ;,-- will consent to the change in control and transfer the sys- tem and franchise, the Commission has made inqu;.ry into the legal, technical and financial qualifications of Dowden Partners, as wel. i other appropriate factors. In analyzing the transaction, the Commission must con- sider whether Dowden Partners meets all of the criteria originally considered in initially granting the franchise to Dow -Sat. Note, however, that this analysis is not a corn- - 4 - parison between Dow -Sat and Dowden Partners to determine which is more qualified. Rather, the analysis is an appli- cation of the same factors to determine whether Dowden Part- ners satisfies the standards to the reasonable satisfaction of the Commission. The commission should focus upon the following factors in determining whether to approve or deny the transfer to Dowden Partners: 1. Legal qualifications of Dowden Partners; 2. Technical ability of Dowd- Partners; 3. Financial stability of D, A partners; and 4. Other appropriate factors_ IV. ANALYSIS Each of the factors will be analyzed separately, although they are not necessarily exclusive. A. Legal Qualifications The legal qualifications standard relates primarily co an analysis of whether the entity involved in the trans- actinn is duly organized and authorized to own the cable system and franchise. Certain entities, such as certain television broadcasting stations, rational television net- works, and certain telephone companies, are prohibited by federal law from owning, operating, or controlling a cable television system. Although these restrictions are pri- marily a concern of the companies involved, we have reviewed - 5 - the federal cross -ownership prohibitions and have determined them to be inapplicable. We have been provided with an unexecuted copy of the Amended and Restated Limited Partnership Agreement of Dowden Partners. We must be presented with evidence showing that it is duly organized and authorized to own a cable system and franchise before apj g its legal qualifications. The final execution of the draft of the Limited Partnership Agreement would likely be sufficient. Any approval of the transfer to Dowden Partners would at this point need to be conditioned upon this requirement being satisfied. In this regard, principals for Dowden Partners have advised 1:s that the Limited Partnership Agreement would be executed prior to the closing. Consequently, it would appear that the Commission could not reasonably withhold approval of the transfer to Dowden Partners based upon the legal qualifications provided legal counsel is presented with legally sufficient organizational and creation docu- ments of the Limited Partnership prior to the actual closing and transfer taking place. B. Technical Ability The technical ability factor relates to the technical expertise and experience of. Dowden Partners in operating and maintaining a cable system. This analysis focuses L• n the current and former experience of the proposed Transferee. Since Dowden Partners is a newly -created Entity, it has not - 6 - directly owned or operated any cable systems. Therefore, the ability of its managing principals must be reviewed. Information has been provided showing that Dowden Investors will be the managing general partner and will have responsibility for managing Dowden Partners. The details of Dowden Investors' authorir.y and control of the partnership are set forth in Article VII of the proposed Limited Part- nership Agreement. It appears from the structure of the transaction that Dowden Partners will enter into a Manage- ment Agreement with Dowden Investors, pursuant to which Dowden Investors will furnish management services to the Dowden Partners. With the consent of Bariston Investors, the Management Agreement may be entered into with, or may be assigned to, an affiliate of Dowder. Investors controlled by Thomas C. Dowden. It appears from the information which we have reviewed that the management of your system by Dowden Investors under the proposed transaction will. be in substance the same as it currently exists. In other words, DCI and uow-Sat's experi- ence in the engineering, constLuction and marketing of your cable television system wi?.1 remain substantially intact as Dowden Investors tinder the agreements between the general partners of Dowden Partners. The only concern identified as part of the technical qualifications standard is whether the current technical expertise cf Dowden Investors will always re,-.ain under the - 7 - proposed transaction. The Management Agreement and proposed Limited Partnership Agreement provide for certain occur- rences by which the authority to manage the cable systems may be transferred from Dowden Investors to some other entity. We have requested and received an acknowledgment and agreement by the principals of Dowden Partners addreFsing this concern. Certain of the contingencies which may give rise to a change in the authority to manage your system are situations involving a transfer of ownership or control of Dowden Partners, which requires your approval under the current franchise. Additionally, Dowden Partners has repre- sented that any change in the management authority over your system would require your reasonable consent under the terms of the current franchise. This acknowledgment by Dowden Partners should insure that the technical expertise cur- rently enjoyed ty DCI and Dow -Sat will not be -hanged with- out your consent. Based upon our -eview of the information provided and the acknowledgment by Dowden Partners, it would appear that the Commission could not reasonably withhold approval of the transfer based upon the technical ability of Dowden Partners or its principals. C. Financial Stability The financial stability factor relates to whether Dowden Partner's financial condition is equivalent to that which - 8 - currently exists with DCI. The Commission has engaged Mr. Kevin P. Cattoor, Financial Communications Consultant, to undertake the review of this factor. Mr. Cattoor has reviewed the financial plans of Dowden Partners to compare the financial stability of the proposed Transferee to the current company. He has prepared an independent report of his analysis, and the Commission is referred thereto. D. Other Relevant Factors Other appropriate factors which have been reviewed for the purpose of determining whether to approve or deny this transaction relate primarily to whether the cable franchise will be transferred intact and whether Dowden Partners will agree to comply with all existing franchise requirements. The information which we have reviewed indicates that Dowden Partners is not currently requesting any franchise modifications as a condition of the transfer. In other words, the system is to be sold and the franchise trans- ferred "as is". Consequently, Dowden Partners will agree to receive transfer of the franchise without any modifica- tions. Dowden Partners will be required to execute the existing franchise between Dow -Sat and the Commission and to comply with all terms and conditions of the franchise. A concern has been identified relating to a quarantee of performance of the franchise. The current franchise is held by Dow -Sat and guara,+teed by DCI, which is the parent not only of Dow -Sat, but also of various other subsidiaries - 9 - holding cable television franchises in Iowa, Arizona, Illinois, and Wisconsin. Under the Asset Purchase Agree- ment, all of the systems held by DCI subsidiaries will be transferred to and assumed by Dowden Partners as the primary obligor. Dowden Partners has stated that there will be no parent corporation which will guarantee the performance and obligations of the franchise. Dowden Partners originally proposed that its obligation as a separate partnership would be without recourse to any of its general or limited partners or their properties. After discussion with the principals of Dowden Partners, they have agreed to remove the condition of no recourse to the general partners. Consequently, Dowden Investors and Bariston Investors would be liable as general partners for any obligation of Dowden Partners. Based upon our review of the information constituting other appropriate factors, it does not appear that there is any legally justifiable cause to withhold approval of the transfer to Dowden Partners. V. CONCLUSION The Commission may approve the transfer of ownership and transfer of the franchise to Dowden Cable Partners, L.P. The approval should be conditional subject to the finalization of the Limited Partnership Agreement prior to closing. A resolution which will effectuate the approval is included with this memorandum. Following the closing of the - 10 - transaction, the Commission will need to initiate a process to formally transfer the franchise ordinance through an ordinance amendment process. KEVIN P. CATTOOR FINANCIAL COMMUNICATIONS CONSULTANT 2224 73rd COURT NORTH MINNEAPOLIS, MN ,& 4"4 But. (612)-370-0688 Rev.(612)-566.5294 TO: MEMBERS OF THE LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION, FROM: Kevin P. Cattoor(.'.- DATE: November 26, 1986 RE: Financial Analysis of Dowden Cable Partners, L.P. Memb`rs of the Lake Minnetonka Cable Communications Commission ("Commission") have requested through its legal counsel, Mr. Mark Ayotte, of the O'Connor_ & Hannan law firm, a financial analysis of the proposed transaction which would result in the sale of the Dowden Communications Inc. ("DCI") cablesystems to Dowden Cable Partners, L.P. ("Dowden Partners"). The purpose of the financial analysis is to give the Commission comfort as it relates to the Dowden Partners' forecasted financial condition compared with that of DCI. In performing the financial analysis, the Dowden Partners' offering document submitted to the Commission was reviewed. For purposes of the analysis, primary emphasis was placed on Exhibit 1 (Financial Forecast), Exhibit 5 (Pro Formq Balance Sheet of Dowden Partners) and Exhibit 6 (Financial Statements of DCI). In assessing the financial condition of Dowden Partners, the following criteria were addressed: 1. How does the Dowden Partners' pro forma balance sheet compare with the DCI unaudited balance sheet dated December 1, 1986? 2. Do the forecasted operating results of Dowden Partners appear reasonable and provide for potential return on investment? 3. Is the market value of the DCI systems affected as a result of the Dowden Partners' transaction? The above three criteria are discussed in this memorandum. As a result of this review a conclusion will be reached as to whether the financial condition rf Dowden Partners is equivalent to that of DCI. I. BALANCE SHEET ANALYSIS Included in the offering document as Exhibit 5 is a pro forma balance sheet which documents the projected financial condition of Dowden Partners subsequent to the transaction documented to take place on December 1, 1,986. The purpose of this pro forma balance sheet is to document the adjustment required to the DCI balance she-t as a result of the proposed transaction. PagF Two In the notes to the pro forma balance sheet it is noted that Dowden Partners is purchasing the DCI systems for a price of $43,437,915. The purchase will be financed as follows: Bar.iston Cable Investors, L.P. contributions $11,550,000 Dowden Communications Investors, L.P. contributions 4,500,000 Senior debt 29,000,000 TOTAL $43,050,000 As a -result of this transaction, it is projected that the total assets of Dowden Partners will equal $48,140,117. Total assets under the DCI balance sheet total $25,204,083. In comparing total assets of each of the balance sheets, it is noted that Dowden Partners has approximately twice the capitalization of DCI. Included in this capitalization it is noted that the Dowden Partners' balance sheet will show total equity of $16,050,000 compared to a deficiency of $2,131,009 for DCI. This comparison alone indicates that the financial condition of Dowden Partners is strong( than that of DCI due to the partnership contributions made by t,ie Dowden Communications Investors, L.P. and Bariston Cable Investors, L.P. totaling $16,050,000. This significant level of equity contributions has resulted in the Dowden Partners' balance sheet showing a stronger cash position than that of the DCI balance sheet. The Dowden Partners' pro forma balance sheet indicates that $925,860 of cash will be on hand for operations compared to $13,775 for DCI. The Dowden Partners' balance sheet also indicates a lower debt/equity ratio when compared to that of DCI. Subsequent to the transaction it is projected that with $29,000,000 of senior debt and $16,050,000 of equity a debt to equity ratio of 1.8 will exist. Debt to equity ratios in many cable companies approximate three to five to one. Using this ratio, it appears that the financial condition of Dowden Partners is favorable compared to industry standards and more favorable than DCI's debt to equity ratio which approximates at least 3.3 when factoring out the accumulated deficits of $9,521,472. Based upon the analysis of the Dowden Partners' pro forma balance sheet -iated December 1, 1986 (unaudited) disclosed in Exhibit 5 of the offering document, it appears that the financial condition of Dowden Partners will be better than that of DCI due to the following: 1. Total assets of Dowden Partners are twice that of DCI. 2. The debt to equity ratio for Dowden Partners approximates 1.8 which is under the norm for the cable industry and is lower that the ratio of DCI (e•�en when factoring out accumulated deficits to date). Page 'Three 3. The proposr_d cash balance of Dowden Partners which approximates $325,860 is significantly higher than the cash balance shown in the DCI balance sheet totaling to $13,775. II. FINANCIAL FORECAST Included as Exhibit 1 in the offering document is a financial forecast and accountant's report of the Dowden Partners, for the period December 1, 1986 through December 31, 1994. Review of the Dowden Partners' financial forecast and summary of significant forecast assumptions and notes to financial forecasts revealed no unusual items when compared to financial forecasts assumptions made in other cable transactions and actual industry experience. The financial forecast is the basis upon which an investor most often determines whether a business plan is worthwhile of an equity investment. In the financial plan it is anticipated that between the Dowden Communications Investors, L.P. and Bariston Cable Investors, L.P. that approximately $16,050,000 of equity will be contributed to Dowden Partners. As a result of making this equity investment, it is forecast that distributions of operating cash flow to partners will be made in the years 1987 through 1994. In calculating a return on the partners' investment totaling to $16,050,000 it iL appropriate that the discounted cash flow method be used. Under this method it is assumed that the $16,050,000 represents a cash outflow and that the distribution of operating cash flow to partners represents the cash inflow. In the year 1994 it is further assumed that Dowden Partners would have a market value of approximately $114,561,000. This amount reflects the cash proceeds due on sale based on the hypothetical sale price for the systems equal to ten times forecasted operating cash flow for 1994 before management and investment banking fees. The factor of ten times forecasted operating cash flow is appropriate for establishing the market value of the systems in the year 1994. Schedule A attached to this memorandum illustrates the $16,050,000 investment along with the distributions of operating cash flow to the partners. It has been calculated on Schedule A that based 000n the $16,050,000 equity contributions made Ly the partners of Dowden Partners that a 32.152% pre-tax internal rate of return will be experienced assuming the forecasted 'cash flows become reality. Assuming that the partners are able to utilize tax losses during the earlier years of the business plan, it is likely that the rate of return will be higner to the partners. Exhibit 1 documents that the financial forecast as prepared by Dowden Partners has been reviewed by certified public accountants and management consultants. This should provide the Comm=.ssion with comfort as to the assumptions used in preparing the financial frrocasts. Additionally, as indicated Page Four on Schedule A, it is calculated that based upon the partners' equity contribution a favorable rate of return i- expected. III. MARKET VALUE OF SYSTEMS In calculating the market value of a cable system the factor most often used by investors in the cable industry is a multiple of cash flow. As disclosed in the offering documents, the purchase price for the DCI systems approximates $45,000,000. In comparing the operating cash flow before management and investment banking fees forecasted in 1987 per the Forecasted Statement VI in Exhibit 1 ($4,578,000) it is calculated that the purchase price approximates 10 times 1987 operating cash flow. This factor is consistent with the market value of cable systems in the cable inaustry. In assessing the market value of the systems from 1987 through 1994 the Commission can assume that the value will always approximate 10 times each year's forecasted operating cash flow before management fees and investment banking fees. The market value of the systems being acquired by Dowden Partners approximate $45,000,000 currently increasing to a forecast value of approximately $115,000,000 in 1994. IV. CONCLUSION The Commission is reminded chat the basis for reviewing the financial condition of Dowden Partners' compared with the current condition of DCI is based solely on the offering document which the Commission has received. Most specifically, Exhibits 1, 5 and 6 were reviewed. This analysis in no shape or form represents a review of the legal or technical qualifications of Dowden Partners. Additionally, this analysis does not address the tax implications facing Dowden Partners as a result of this transaction and the recently passed Tax Reform Act of 1986. Based upon the financial analysis of the pro forma balance sheet of Dowden Partners compared to Lhe balance sheet of FICI, the forecasted operating results and potentia:. rate of return on equity investment, and the market value of the systems being acquired by Dowden Partners, it appears that the financial condition projected for Dowden Partners subsequent to the transaction and in future years is at last equivalent to that of DCI. END OF BEGINNING YEAR BALANCE SCHEDULE A BARISTON CABLE INVESTORS, L.P. PROOF -.F INTERNAL RATE OF RETURN (000's) 32.152%(1) INTEREST INVESTMENTS CASH ENDING DISTRIBUTIONS(2) BALANCE 1986 0.00 0.00 16,050.00 0.00 16,050.00 1987 16,050.00 5,160.45 0.00 383.00 20,827.45 1988 20,827.45 6,696.51 0.00 1,186.00 26,337.96 1989 26,337.96 8,468.27 9.00 1,553.00 33,253.23 1990 33,253.23 10,691.69 0.00 1,681.00 42,263.92 1991 42,263.92 13,588.84 0.00 2,282.00 53,570.75 1992 53,570.75 17,224.25 0.00 2,739.00 68,056.00 1993 68,056.00 21,881.5E 0.00 3,249.00 66,688.59 1994 86,688.59 27,872.40 0.00 114,561.00(1) 0.00 (1) Internal rate of return calculated to discount cashflow- co net present value of $16,050,000 investment. (2) Cashflows are pre-tax per Exhibit 1, Forecasted Stat_ment VI. (3) Amount represents fair market value of S115,140.00 based upon a factor of 10 times forecasted operating cashflow ($11,514.00) less sales expenses of .5%. LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION RESOLUTION NO. APPROVING THE SALE AND TRANSFER OF OWNERSHIP IN CABLE SYSTEM AND TRANSFER OF CABLE FRANCHISE OF DOW-SAT OF MINNESOTA, INC. TO DOWDEN CABLE PARTNERS, L.P. WHEREAS, Dowden Communications, Inc., a Georgia corporation, (hereinafter "Dowden"), by and through Dow -Sat of Minnesota, Inc., a Minnesota corporation, (hereinafter "Dow -Sat"), a wholly -owned subsidiary, owns, operates and maintains a cable television System in the Member cities of the Lake Minnetonka Cable Communications Commission (hereinafter "Commission") pursuant to the terms and conditions of a Cable Communications Franchise Ordinance; and WHEREAS, the Commission «s been delegated the authority and responsibility to opt, coordinate, administer and enforce the Cable Communications Franchise Ordinance on behalf of its Member cities pursuant to the terms and conditions of a Joint and Cooperative Agreement for the Administration of a Cab': Franchise; and WHEREAS, Dowde., and Dow -Sat desi.i to sell and otherwise transfer substantially all of its less and assets used or useful in connection with t,,e ewi. iip and operation of the System and Cab Communications Franchise Ordinance to Dowden Cable . -_tners, L.P., a Delaware limited partnership (hereinafter "Dowd,r, Partners") and thereby transfer ownership of Dow -Sat to Dowden Partners; and WHEREAS, Dow -Sat may be completely liquidated or iierged with and its assets transferred to Dowden, which in turn will transfer said assets to D-wden Partners as part of the acquisition; and WHEREAS, Dowden Partners agrees to continue to manage, operate, and maintain the �'ystem in substantially the same manner as Dow -Sat; and WHEREAS, Dowden and '-)w-Sat have requested the consent from Comm. -sion t•� a al.e of the System and transfer of tt.. CablE Comm,.,r: Luat 7-is Franchise Ordinance of Dow -Sat t Dowden Part :zero; nd WHEREAS, the Commisata.-n consider.d Dowden Partner's technical ability, financial condition, and legal qualifications in a full pnblir proceeding after due notice and a reasonarjle opportunity to heard; and WHEREAS, the Commission finds no reasonable basis to deny the request for transfer to Dowden Partners under the terms and conditions set forth below. NOW, THEREFORE, BE IT RESOLVED by the Lake Minnetonka Cable Communications Commission: 1. That the Commission hereby approves the transfer of the System and transfer of the Cable Communications Franchise Ordinance of Dow -Sat of Minnesota, Inc. to Dowden Cable Partners, L.P. conditioned upon a review by Commission legal counsel as to the legal sufficiency of the organizational and creation documents of the limited partnership prior to closing and subject to an actual closing of the transaction or, or before December 31, 1986 pursuant to the terms and conditions ds evidenced by the information submitted by Dowden and Dow -Sat to Commission. 2. That the Commission c tints to and approves the transfer of the System and transfer of tl.c Cable Communications Franchise Ordinance of Dow -Sat to Dowden Partners subject to the following conditions: a. Dowden Partners shall accept the Cable Communications Franchise Ordinance in a form and substance acceptable to Commission and thereby agree to perform all of the terms and conditions of thu Cable Communications Franchise Ordinance, within thirty (30) days of such transfer and assignment, unless the time for acceptance is extended by Commission. With its acceptance, Dowden Partners shall furnish to Commission and in accordance with the requirements of the Cable Communications Franchise Ordinance, the performance bond, evidence of insurance, letter of credit, and such other items required by the Cable Communications Franchise Ordinance. C. Dowden Partners shall agree that the remaining provisions of the Cable Communications Franchise Ordinance remain in full force and effect following the completion of the transfer and assignment. d. With its acceptance, Dowden Partners shall pay all costs and expenses of Commission, including legal and other consulting fees, incurred as a result of this process and to the extent such costs and expenses have not previously been reimbursed. 3. That Dowden Partners shall, within sixty (60) days after the closing, file with Commission a copy of the deed, agreement, mortgage, lease or other written instrument evidencing such transfer of ownership and assignment of said Cable Communications Franchise urdinance, certified and sworn to as corre-:c by Dowden Par.tn.:rs. -2- 4. That in the event Dowden Partners fails to comply with any of the above requirements within the time specified, unless the time is extended by Commission, this Resolution and any and all approvals set forth herein shall be null and void. The above listed resolution was moved by Commission Director and duly seconded by Commission Director The following Commission Directors voted in the affirmative: The Following Commission Directors voted in the negative: Passed and adopted this day of 1986. Attest: Chair cretary -3- MINUTES OF THE MEETING OF THE SCHOOL BOARD OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON NOVEMBER 10, 1986 The regular meeting of the School Board of Orono Independent School District No. 278 was held on Monday, November 10, 1986. Present: Dave McKown James Franklin Thomas Mich Don Anderson John Maresh William Fenholt Kitty Crosby Lucie Taylor UPON MOTION by Kitty Crosby, seconded by John Maresh, the consent agenda was approved as follows: - approved the minutes of the October 27, 1986 regular meeting; - approved variance requests for Angel and Jay Johnson to attend Wayzata Schools for the remainder of the 1986-87 school year; - appproved variance requests for Alison Muller and Stephen Floe to attend Orono Schools for the remainder of the 1986-87 school year; - approved Treasurer's Reports for July, August and September, 1986; - approved the bills as covered by vouchers 053831 through 053879 and 052889 through 053212. Dr. Mich reported that the Minnesota School Boards Association Convention will be held on January 18, 19 and 20 and those Board members interested in attending should notify the District Office; that Juanita Havill, children's author, will be working with grade 3 on November 18; that he will be participating in a National Association cf School Educators Seminar in January at Park City, Utah; that the National School Board Association Convention will be held April 4 - 7, 1987 and the District Office should be contacted if Board members are planning to attend; that Orono Schools received an Energy Investment Award and a letter from the Governor in recognition of the energy conservation measures that have been implemented; that the Industrial Arts teachers will be at the December 8 Board meeting as a continuance of a request last year regarding future plans for this departmert; that there was an excellent turnout and an exciting program last Monday night, November 3, honoring the girls' tennis conference cham- pionship and the boys' conference and sectional title in football. Dr. Mich stated that the football team has made a special contribution to the community this year as an activity such as this serves as a catalyst for the school district and people are able to focus positively on the district. For these reasons, Dr. Mich expressed thanks to the football team and coach, Steve Fedie, for their contribution in this area. He extended congratulations to Steve Fedie on being named metro "Coach of the Year" by Channel 11. Dr. Mich reminded the Board of the HTC meeting on November 20, 1986, for the purpose of discussion regarding HTC's service in the western suburbs. Dr. Mich reported that Saturday marked the beginning of solicitations for the Orono Education Fund; that he wanted to pay tribute to the PIONEER for the excellent article regarding goal setting and long-range planning of the School Board; that school conferences are in process; that thanks are in order to the mayors/representatives of the various communities for cosigning the proclama- tion for American Education Week. Kitty Crosby stated that she is proud of the Orono IootbaII team and was impressed with their composure under pressure, their skill and their good sportsmanship. In conjunction with Mrs. Crosby's comments, Don Anderson stated that he wished to compliment Orono's custodial staff who managed to keep the football field in such excellent playing condition this season. Jim Franklin announced that December 10, 1986 is the date set for the AMSD legislative meeting and more information will be provided at a later date. Dr. Mich stated that the signing of the American Education Week proclamation is a joint venture of the Orono Education Association a I the School Board. The theme for this year is "School and Community" and Dr. Mich expressed appre- ciation to the communities for their willingness to participate. UPON MOTION by Don Anderson, seconded by Lucie Taylor, the following proclama- tion was adopted: ISC A Proclamation COMNIff UNRED WHEREAS, The public schools are an important and integral FOR EXCELLENCE part of our society; and WHEREAS, The concept of a free and equal education is an American tradition and this country's strength; and WHEREAS, The students of today are the leaders of tomorrow; and WHEREAS, All citizens have a responsibility to support the public schools; Now, therefore, We, the Board Members of Orono School District 11278, and, the Mayors of the communities it serves, Do hereby proclaim November 16-22, 1986, as American [duellouaeN and urge all citizens to make a commitment to public education and to the future of the children of Orono Independent School District #278 by visiting their local public schools and by donating their time and talents to help make the public schools even better. Dr. Mich acknowledged the presence of the following teachers who serve on the Orono Education Association public relations committee and mayors/reprerentat ivcs of the communities: Pat Shoop, JoAnn Ree, Art Theis, Gary Meyer, President of the Orono Education Association; Tom Anderson, Mayor of Medina, Jeff Walton, Mayor of Maple Plain and Marilyn Hamilton, Council Member from Independence. Art Kunze, Mayor of Long Lake, Gary Haas, Mayor of Minnetonka Beach and Mark Bernhardson, Orono administrator, had signed the proclamation earlier in the evening on behalf of their communities. Dr. Mich stated that two teachers, Pat Headley and Ken Jensen, also serve on the public relations committee but were not able to attend the meeting tonight. UPON MOTION by Kitty Crosby, seconded by Lucie Taylor, the meeting was recessed at 7:20 p.m. for the purpose of signing the proclamation. The meeting reconvened at 7:35 p.m. UPON MOTION by Kitty Crosby, seconded by Lucie Taylor, the Board approved the Custodial Contract Agreement for 1986-88. Lucie Taylor complimented Kitty Crosby, Jim Franklin and Bill Fenholt on reaching a settlement that was agreeable with both sides. Dr. Mich updated the Board on the progress of the long-range planning process and stated that this item will be on the agenda on a regular basis for the Board's information. Don Egnell, Froehling, Anderson, Plowman & Egnell, Ltd., presented the 1985-86 Audit Report. Mr. Egnell briefly summarzied the audit report for Board members stating that the audit supported a clean, unqualified opinion in accordance with generally accepted accounting principles. Mr. Egnell introduced Don Leininger from nis staff who managed the audit in the district and also expressed appre- ciation to the Orono staff for their assistance and cooperation. UPON MOTION by Jim Franklin, seconded by John Maresh, the Board accepted the audit as presented. UPON MOTION by Lucie Taylor, seconded by Jim Franklin, the meeting was adjourned. 1 Kathe ine P. Crosby, ler Approved: ave McKown, Lhairman LAKE MINNETONKA CABLE COMMUNICATIONS COMMIS '[b EXECUTIVE COMMITTEE MEETING .', TUESDAY, DECEMBER 16, 1986 5:00 P.M. DEC EXCELSIOR STUDIO A G E N D A I. CALL TO ORDER II. APPROVAL OF MINUTES III. REPORTS A. Officers B. Administrator C. Legal Counsel D. Dow -Sat IV. UNFINISHED BUSINESS V. NEW BUSINESS VI. ADJOURN MINUTES LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION FULL COMMISSION MEETING 5:00 P.M. EXCELSIOR T.V. STUDIO TUESDAY NOVEMBER 18, 1986 I. CALL TO ORDER Chairman Olds called the meeting to order at 5:11 P.M. ROLL CALL Jerry Roehl Medina Alan Fasching Minnetrista Jim Olds Excelsior Dennis Haggerty Deephaven Betsy Swartwood Long Lake Jim Swartwood Long Lake Peter Berzins Minnetrista Tom Frahm Orono Lesley Hughes -Seamans Tonka Bay Elaine Simon St. Boni Eleanor Dittrich St. Boni Dean Johnson Shorewood Andrea Basset Woodland Tom Anderson Medina Margaret Clark Mtka Beach Doug Keller Tonka Bay Gerald Schmieg Victoria Marietta Jacobson Greenwood Dave Carlson - Hennepin County Library Holly Hanson - Administrator Mary Smith - Dow -Sat Shelly Trinka- Recorder Mark Ayotte - Attorney II. APPROVAL OF MINUTES MOTION 11.18.86.1: Anderson moved, seconded by Hughes -Seamans, to approve the minutes of the Executive Committee Meeting of October 21, 1986. Motion carried unanimously. III. REPORTS A. ADMINISTRATOR Claims: MOTION 11.18.86.2: J. Swartwood moved, seconded by Keller, to approve payment of Just Claims on Appendix A. Motion carried unanimously. B. DOW-SAT Mary Smith of Dow -Sat distributed tier monthly report. Connections Disconnects New 116 Non -pay 11 Reconnects 41 Moved/Moving 51 Total Connects 157 Temporary 5 Not used enough 5 Pending Installations - 88 Not satisfied 3 Other 21 Net Gain Since Last Report - 61 'Total Disconnects 96 IV. ELECTIONS Treasurer: Anderson moved, to nominate Jerry Roehl of Medina and Keller moved, to nominate Jim Swartwood of Long Lak(,. MOTION 1].l8.86.?: 1;a.;chitig moved, seconded by Berzins, to close the floor for numination:;. MOtivn carried unanimously. Result_ of gaper ballot vote: Jerry l�ouhl was clected LMCCC's new T'roasurer and member of fhe Fr.ecutive Committee. MINUTES -NOVEMBER 18, 1986 -gage two V. CABLE FRANCHISE TRANSFER REQL•'ST Mark Ayotte, LMCCC's Attorney gave a report on the cable franchise transfer. tie explained that Dowden is proposing to create an entity called Dowden Cable Partners L.P. Dowden Cable Partners L.P. will have two general partners, one called Dowden Communications Investors (D.C.I.) and the other called Bariston Cable Investors (B.C.I.). The general partners will control the operations and decisions of Dowden Cables Partners V.P. D.C.I. will be the management of Dowden Cable Partners L.P. and B.C.I. will be the investor. Dowden Cable Partners L.P. would then be the equivalent of what Dowden and Dow -Sat are now. Attorney Ayotte spoke with Mr. Cattoor an accountant who analyzed the franchise aspects of LMCCC's original franchise. Mr. Cattoor will be looking over the material that Mr. Ayotte has on the franchise transfer and will give the Commission a report on the financial as- pects of Dowden Cable Partners L.P. B. Swartwood is concerned that a lot of money is being spent on Attorney fee's and speculates if it is really necessary. Mr. Ayotte feels it is important to spend the money to look into the Franchise Transfer, he also stated that the Commission will be reimbursed by Dow -Sat. T. Frahm asked if B.C.I. has ever been successful in any other limited partnership established strictly for cable. Mary Smith of Dow -Sat commented that as of today B.C.I. has not yet been suc- cessful in a limited partnership for cable. Anderson asked about the Commissions next step. Mark Ayotte recom- mended to wait for Mr. Cattoors financial report and then call a special meeting in a couple of weeks for the purpose of approving or disapproving the Franchise Transfer. NOTION 11.18.86.4: Anderson moved, seconded by Haggerty, to hire Mr. Cattoor not to exceed $1,500.00 to write a financial report and analysis prior to December 1. Motion failed by paper ballot vote - 13 aye, 13 naye. Motion was discussed and amended. MOTION 11.18.8G.5: Keller moved, seconded by Haggerty, to hire Mr. Cattoor not to exceed $1,400.00 to give the Commission a report on the financial aspects of Dowden Cable Partners L.P. and set up a special meeting for December 2 at 5:00 P.M. Motion carried by paper ballot vote - 18 ayes, 7 naye. Motion approved. VI. NEW BUSINESS Administrator Hansen mentioned to the Commission that she had interviewed several people for ,t l:,art-time position. Fritz Coulter was hired and wi l l be !Aart i ng on Uc r_; mt;. r 8, 1986. Chairman Olds mentioned that the monthly edition of the Minnetonka news programming i!; on t hi,; Thurr,day, Nov(�mbcr 20 at 6:30 P.M. on channel 20. MINUTES �NOVEMBER 18, 1986 page three VII. ADJOURNMENT MOTION 11.18.86.6: P. Ber2�ins moved, secondeu by J. Swartwood, to adjourn the November 18, 1986 meeting at 6:57 P.M. RESPECTFULLY SUBMITTED, Shelly Trinka Recorder LMCCC JUST CLAIMS 10/22/86 - 11/18/86 Check # Date Payable Amount 1284 10/31 Holly Hansen (10/16-10/31) $ 647.46 1285 10/31 P.E.R.A. 75.61 1286 10/31 AT&T Communications 1.72 1287 10/31 D.O.E.R. S.S. Ret. Div. 131.08 1288 10/31 Jay Borne (10/16-10/31_ 20.00 1289 10/31 U of MN (conference, Hughes -Seamans) 25.00 1290 11/14 Tonka Printing Co. 23.64 1291 11/14 Jay Borne (.11/1-11/15) 7.50 1292 11/14 Holly Hansen (11/1-11/15) 647.'S 1293 11/14 D.O.E.R. S.S. Ret. Div. 131.08 1294 11/14 P.E.R.A. 75.61 1295 11/14 Weekly News 8.00 1296 11/18 Shelly Trinka (October minutes) 60.00 1297 11/18 U.S. Postmaster 22.00 1298 11/18 MN Suburban Newspapers 15.75 1299 11/18 O'Connor & Hannan (6/3-9/30) 717.50 1300 11/18 Gross (Office Supply 15.22 TOTAL $2,624.63 Bank Excelsior Beginnirg balance 10/23/86 $7,762.30 Interest 28.43 Deposits (Dow -Sat, misc. budget) 1,538.00 Claims 10/23 - 11/18 (2,624.63) Ending Balance $6,704.10 State Capitol Credit Union Beginning balance 10/1/86 $3,699.83 �y Estimated interest Oct & Nov 120.00 (6' for 4th auarter) — Ending Balance $3,819.83 '� Profile: Mary Hensel— Orono's C``�. r Friendly Although the Officer Friendly Program has been a part of t� - Orono Police Department for over cix years, it is now to Mary Hensel, patrt�` officer and Officer Frienc+ly, for the divis✓on. Hensel, a graduate of the College of St. Thomi - St. Paul, majored in ser ology with an emphasis in criminal justice before joining the Orono police force in January. Since tak- ing on the responsibilitieq of Officer Friendly in Anil, the 25 +rear -old has conducted cla ,scr� on � !rsona' traffic and seat belt safety for stude, the: Schc- m::nn Elementary and Orono Middle . cols. The safety lPssnns that Hensel pr4a ru^ 30 to 45 minutes in !ength and are given three times a year. While Hensel u_ roc are;; visual aids to teach the kids about iop,cs st as crime, finger printinn, drunk driving and trL and seat belt safety, she creates games for '.he si . cents to play so that she is at- pass her infor- mation along in a more intere• Currently she is designing ' topics for Orono High Scher Wt•;Ir acting as Officer i L. , i, parf w. -er job, Hen', -I sper 11- it u; +.r le as a patrul as 'vim I, -.ison officer to, -,ion help- ing .. :he . ,ganization of the ese- vacs. Hensel s ,e is irnpres3ed by how informed stu- dents are aoo+:t safety in gerirral and is encouraged by teache -�^t.hlasias. n in t,jucafi,. ,he children further. V. rganr2atruns such as the Sears Fo.:n dation, vh:,.n functa the Officer Friendly Program mound t;+e cour. -v. and motivated individual,, such as M Hense++ the seat belt bucHing hatef is `-,eing noted e:t n -ore intem;,ively Arat cc, v, M 0�1NW2Adsw Officers and Belts Iccntinued from page t.l negligent, and any financial award the courts grant the officer should be reduced acrordingiy. Before the passage of our new mF iatory sea: belt law, individuals suing as the result of automo. --accidents f,+. ad an uphill battle in arguing that the plaintiff's 'ailurc 'n wear a seat belt !,as negligence in and of rtgr, i,..N that Minne )ta has a statute mandating s•at 1-•eit use, automobile acrident defendants may Succeed with this argument more frequently. Second, failure of peace offi:,!:,rs to wear seat belts on duty could possibly subject their departments and their cities tc some financial liability. As any admin- istrator in city government well knows, municipal agenci _ : and mi micipalities the ilves can be found +iable for the actions of aloyees if those actions wer- re resul' i or policy of the c.•, y or ML. ality. Fc, ple, assume a city peuce department had a custo;n or policy condoning the nonuse of !r:3at belts by its police ot,:::ers. If one ,f the officers lost control of his squad car during a high-speed chase, slammed into another vehicle seriously injuring its driver, largely to his failure to —car ear a seat belt, the police department and the city ,uld be hEld liable to ured party for allowing custom or policy that .usulted in that person's in - The likelihood of such a series of events resulting financi..: liability on the part of the agency or the municipality is protr'bly slim. However, courts and iuries are awardinr; large verdicts against police officers and their employers with increasing frequency. The establishmr.nt of departmental policies requiring seat belt use by rployees may go a long way to reducingI)— isk of ,iapartment4..;i munici;.x,' liability in theF-e zero. t�bviously. t•.,-,t financial reasons support a conclusion th A police departments can't go wrong by adopting and enforcing regulz ns requiring all officers to Near seat belts in the line of duty. Such regulations crould help reduce the risk of hefty liability awards facing officers individually and the;, c-)ploying de- partment, 4. d municipalities. Bu' the nest c:)mpelling r.a:.v cluiring departments to adop' mandatui y Eeat h-lt 4 .,Ps G^s in the very n,au,o c,` pi.'; •e v '.r ice ofl...crs ire the most visible "FNesentatw . ,,,!9cal goVe'r a pent. Officers' acf+rn should rensc,t the utmost respect for the law. Attr'r all, if a police oft+cer doesn't buckle u,,. who ulil­� ('.tus Z ras written by Minnesota Attorney General t . -rt ' 'umphrtiy IV f;.. League of G+ties 'Aagazine. --roEnc,��� ,s IrA IF, Van f -13 40 FIff na o vs . - J F� 4 INTEROFFICE MEMO DATE: December '. 5 , . 19 86 TO: Of • ,-er Mark Moran FROM: Chief V el Kilbo SUBJECT: Letter of Appreciation On or about November 14, 1986, you were given an assignment involving a criminal sexual conduct case. Your interview and subsequent statement were instrumental in obtaining CSC in the s-^ond degree on December 10, 1986. I appreciate your efforts and skill in bringing this case to a close. '• f �t4 . < �Ja� /m• �••-t �C� dso'sV /A U�� � ;,w �> :; 7- AVVI A 4&,Y er � e �J(/ 011117011 ... , /•cam �` /41 � J Year ahead looks good for Minnetonka Minnetonka is in the midst of unprecedented growth and construction. A review of the valuation of new buildings added in recent years strongly supports this contention. For example, in 1984, new valuation exceeded $135 million, in 1985 it was about $100 million and is again estimated to be close to that amount for 1986. While it is too early to act.urately project the level for 1987, certainly it will rival that of our most recent history. Construction on the long- awaited Carlson Center at Highway 12/1-494 will commence this spring. The Trammell Crow Company, the country's largest developer, became a partner with Carlson Companies in the project last year, and revised plans are now being reviewed. Upon completion, the project potentially represents about a $500 million multi -use investment in Minnetonka. Other significant development is likely to occur. Opus 2, the City's first premier and nationally recog- nized office park, is nearing completion. Several key parcels remain to be developed. One, scheduled for 1987, will be the site of a 320 room Marriott Hotel. In addition to providing se�reral restaurants, it will have 10,OuJ sq. ft. of conference space as well as many other amenities. Minnetonka Corporate Center, located at 1-494 and the Crosstown Highway, wili also continue to develop with several new major office buildings planned for 1987. T accommodate growth in Mini,t,onka and this part of the metropolitan area in general, several major roadway projects will continue or be completed in 1987 Most notably. the Crosstown Highway will be opened in the fall, and work will continue on 1-394 (Highway 12) Concerning the latter, work will continue through the year on the new interchange at 1-494 and Highway 12. while construction will begin on the segment between Co Rd 73 (not including the new interchange) and Boone Avenue r • I-n-ied balanced and s -weiopmen is crucial to the City's future financial well- being. Because Minnesota cities are, by law, so heavily dependent on property taxes as their primary revenue source, it is in the City's interest to provide a diversified tax base, incorporating significant commercial office and multi -family components to alleviate the burden that otherwise would fall on single- family property owners. Tu help ensure that the City maintains its high level of service and the livability of Minnetonka is preserved, a number of public improvements will oc,,ur this year. By late summer, the City's new community and senior citizen center will be completed, offering a wide variety of services and facilities, such as meeting rooms anti a kitchen/dining room available for community use. Construction will be completed on one, and begun on another, of three new fire stations. Council will soon be reviewing plans for a new police facility, which, if built, could be started this year. As this article is being written, the City Council is considering adoption of a park dedication ordinance which would generate funds for park improvements from new developments. Council will also be considering substantial trail and park improvements as part of its Capital Improvement Program review. Minnetonka is ndeed a dynamic community, and it is fortunate to have the quality of responsible elected leadership that has guided it through these iransitional years I am confident such leadership will sgain be evident as the City deals with these and other challenq^s which will undoubtedly occur In 1987 �r+k, / k- �I,u�r. / Another exciting and eventful year is ahead for the City of Minnetonka. Several important City improvement projects will be completed this year and others, currently being reviewed, should be started. • Community Center — The $3 million Community Center, located at the Civic Center complex at Minnetonka Blvd./Williston Road, should be completed by late summer or early fall. In addition to facilities for the City senior program, the Center will include several community meeting/con- ference rooms, a kitchen/dining room with a seating capacit; of 250 to be used for the senior congregate dining program and other community events, and anew Council Chamber which will have state-of-the-art video technology for possible cable broadcasts of public meetings. Construction of the Center, along with its related improvements such as relocation and boulevarding of Williston Road and construction of an entrance plaza and open water pond, will complete the first phase of the Civic Center Master Plan • Police Department — The City Council is presently considering various concept plans for expansion of the Police Department. This department has continued to grow and expand its community programs and is very short of office space; security facilities are also in need of improvement. It is hoped that architectural plans for expan- sion of the Police Department will be completed soon; construction could begin this year. • Fire Department — To further improve public safety services for our residents, the southwest satel- We fire station is expected to be completed rr June. Construction will begin on the southea-' station, the second of 3 stations approved by voters in 1984 • Carlson Center - 1-394 — The City looks forward to the first con- struction ui Carlson Center, located in the northwes. area of the com- munily Carlson Companies .elected Trammell Crow Company (Continued on page 3) A MaintenanoeMemo ---- ------ ----- ---- Cold weather brags its share of problems. Listed )w are some helpful sugges- tions from Oper- ations and Main- tenance Dept. personnel on how to avoid or lessen some of those problems. If you have questions or want more information, please call 938-1431. • A problem many homeowners experience during the coldest months is that of a frozen water meter or frozen water pipes. The damage caused can be serious, yet the problem can easily be avoided. Examine the point where the water line enters your house and where the meter is located. For most homes this wilt be somewhere in the basement area. If in an enclosed space, leave the enclosure open and clear for the rest of the winter, removing any items which may restrict heat from getting to the line or meter. Should the line or meter be located in an old well pit or under the stairs, open up that area to heat for the balance of the winter months. • Now is the time to be certain water to your outside faucets is turned off. It would also be a good idea if the adults in your household, as well as any youngsters old enough to be left home alone, know how to shut off the water coming into the house. If they don't, get them together and show them. If you don't know, call 938- 1431 and we'll send someone out to show you. Having this knowledge just might lessen a problem if a pipe breaks, a toilet overflows, or a water heater bursts. • Parents, please don't allow your children to build a snow fort or snow house out of that snow piled at the end of your driveway. If youngsters happen to be playing inside that fort or house when 3 snowplow drives by, it could be disastrous. • Lastly, it's a good idea to keep a blanket, cap and pair of warm winter boots in your car during the coldest months. Having them could be extremely important if your ca:- stalls in extra cold weather and you have to wait for help to arrive. Homestead forms require new information Homestead affidavits for 1987, recently mailed to all property owners, will require additional in- formation this year: a social security number for each person who signs the homestead form. The 1986 State Legislature has specified that a homestead classification cannot be granted without the social security number of each of 11 -arsons sign- ing the applicatior - additional information will enaurc the state to find cases of multiple homesteads which might be listed under the same name. As in past years, th- homestead card shows the current 1987 market value estimate. If the property has been subject to recent construc- tion, which has not as yet been entered on Assessing Department r;,cords, the 1987 value could be changed, and a second value notice will be sent in March. Completed homestead applica- tions should be returned to the Assessor's office by January 16, 1987. The local Roard of Review, which meets to hear appeals on specific assessments, convenes in early May. Questions about individual market values or homestead classi- fications are welcomed by Assess- ing personnel. Please call 933-2511. Highway 7 safety improvements recommended The City of Minnetonka has been participating in an improvement study for Highway 7 west of Highway 101 for the past year along with the Metropolitan Council, Minnesota Department of Transportation and 5 neighboring communities. The study sought to identify safety and capacity problems on Highway 7, establish goals and policies for improving the road and develop a long-range irnprovemont program. It was determined that Highway 7 could be most Improved by limiting the number of entrances to the highway and by incorporating safety improvements at the remaining intersections Goats also all for minimizing impacts of r,.,.dway improvements on adjacent properties and the natural Pnvironment After extensive study and 3, public hearings, the report has been completed and i waiting action by the city councils of participating communities The study recommends a number of improvements of interest to Minnetonka residents. Upgrading of the existing Vine Hill Road iniersectinn is proposed as a first priority. A design has been prepared which avoids removing any existing structure while providing safe stacking distances and turning improvements. A new intersection previously proposed by Shorewood has been eliminated Second priority improvements call for closing the slip -off lanes from Highway 7 at Minnetonka High School and at Sparrow Road along with widening of Delton Avenue The Lynwood Terrace access point to Highway 7 would remain open Third prr,>rity improvements which may be studied at sortie point in the future call f,)r completion c .orth fiuntage road betwee iiii �4nsd and Highway 101 r,,ici cio%ure o! the slip-on lane to Highway 7 near Minnetonka High School. The north frontage road would only be considered in conjunction with a redevelopment of 7-Hi Shopping Center. It may not be feasible due to impacts upon a wetland and adjacent residential neighborhoods. The City Council will be reviewing the study this month. If you would like additional information, please contact the Planning Department, 933-2L11. The Minnetonka Fire Department recently received and placed into service three new fire engines, nictured at right, designed and engineered by members of the department. Many new and in- novative features were built into the units. The three new engines have state-of-the-art features that enhance crew safety, waterdel,very and ease of operation 1-394 meetings set The 1-394 Task Force has developed preliminary recom- mendations to be reviewed at a series of neighborhood meetings this month: is Southeast corridor area: Tuesday, January 13, Ridge - dale Center Community Room; is Southwest corridor area: Thursday, January 15, Ridge - dale Center Community Room; • Northeast corridor area: Tuesday, January 20, Oak Knoll Lutheran Church, 11400 Wayzata Blvd.; • Northwest corridor area: Thursday, January 22, Christ Memorial Lutheran Church, 13501 Co. Rd. 15. Each of the meetings will begin at 6:30 p.m. and end at 8 P. M. 1-394 corridor area residents, business owners and other interested citizens are invited to attend these meetings. Free cable offered Rogers Cablesystems, the cable company serving Minnetonka, offers customers many levels of service in varying price ranges. However, the Universal Tier, or Community Access Service, is available to anyone, in areas where cable service is presently available, for no monthly service fee. For a one-time $24.95 instal- lation charge, Minnetonka residents can receive KTCA- Public (Channel 2), WCCO-CBS (4), KSTP-ABC (5' KMSP- Independent (9), --NBC (11), KITN-Indep(. (29) and KXLI-Indepfi .1) p' S the government, eduL... )n and public access stations on channels 32-35. If you are presently receiving cable service, but wish to switch to Community Access Service only, it still requires a $24.95 hookup fee. Installation of Community Access Service should improve your television reception. For more information, contact Rogers Cablesystems, 522-2000. Metro Mobility service becomes available Metro Mobility, the Regional Transit Board's handicapped transportation service, will be available to Minnetonka residents beginning January 1, 1987. Metro Mobility provides door-to-door transportation for eligible persons between the hours of 6 a.m. and 6 p.m. weekdays and 8 a.m. and 6 p.m. weekends and holidays. Trips of 8 miles or less have a standard fare of $1. Trips exceeding 8 miles may require an additional fee. Prior to using this transportation service, riders must meet one or more of the following criteria: • inability to maneuver oneself mile or more (2 long or 4 short blocks); • inab, y to go up or down tt-e steps of a mainline bus: e inability to wait outdoors for ten or more minutes; a inability to use or learn to use the mainline bus service due to mental impairment or learning disability; a inability to use or learn to use mainline bus service as Spec, lied by an orientation and mobility sFz?cialist. An annual certification fee of S10 is charged to help defray costs of the program If you would like additional infor- mation about the Metro Mobility program, contact the Metro Mobility Adrnfn strative Center, 349-7480 Year ahead (conr(l) as a oartner in the development of this multi -use office park. Trammell Crow is eager to proceed with both the residential and office com- ponents of the project and revised plans are presently being reviewed. In conjunction with development of the Carlson Center, the 1-394 Task Force, appointed in 1986, will be presenting recommendations about future land uses in the entire 1-394 corridor to the City Council early this year. This Task Force has held several neighborhood meet- ings and spent a significant amount of time analyzing land -use, traffic and environmental issues as well as developing recommendations to lay the groundwork for well - planned future development in that area. I alri pleased to report that the City's financial condition remains excellent. Following a presentati(-n to Moody's Investors Services i, New York by City representatives, the financial analyst confirmed the City's strong financial condition by improving its bond rating from Al to Aa. On behalf of the City Council, I would like to thank the many citi- zens who serve on our volunteer boards and commissions. These volunteers provide valuable insight and recommendations to the Council on many projects and issues occurring in Minnetonka. There will be a number of vacancies on these boards and commissions early in 1987. If you are interested in serving. please contact your ward Council member or myself. I would also like to thank my colleagues on the Council who dedicate many hours to represent the ci*izen6 of Minnetonka and to acknowledge the continued efforts of all City employees who provide service in a courteous and pro- fessional manner. Best wishes to all in 1987. Larry Donlin Mayor Of interest to Seniors Listed helow are various sent .f ,.o"erred 'his month Super Bowl Sunday Pancake Breakfast —The South Tonka Lion,: Club will aga.,i be sponsoring this .ornmumty event Sunday. January 25 from 30 a n, - 1 30 p in at Mlnnelonka Senor High School Seniors over 65 are invited to attend free or Charge Call 933 5154 to make a reLerva!4on Special Mottle -- Ameder,s wn! tw �bGwr nda, JanttA r.. r-F, free moves t)ii at t � a in writ, a Weak for unch at noon. then cunbnues :nh1 3 p rn Welcome roffee — If you re interested n ied—mg about it— reffer taking a tour or .i o+ermg the vwr us opportunthes available ~,me to the We" ome '. a Friday. January 23 tllpre You IN. Get involved with your family in e winter/sprin3 activity offered by the Hopkins -Minnetonka Recrea- tion Department. Cross Country Ski Lessons — Lessons are held on three Satur- days —January 10, 17 and 24. Rental equipment is available. Pre- registration is required. Swim Lessons and Splash — Classes are offered at Hopkins West Junior High starting January 6. Tuesday/Thursday classes and Saturday classes are available for adults and youths. Splash times are Tuesdays and Thursdays, 7:30 p.m. - 8:20 p.m., 50 cents per person, and Saturdays, 2.:30 p.m. - 3:20 p.m., free. Exercise Classes for Adults — Classes offered are Body to the Ma;., Aerobics Plus and Slimnastics. .:all the Recreation Department for details, 935-1788. Youth Wrestling — An intense youth wrestling program will begin March 6 for students in grades 4, 5 and 6. Qast is $8. C ,alified instruc- tors are needed. Watch for infor- mation in this newsletter and through the elementary schools. Police officers Mike Olson, Minnetonka, and David Tecklaw, Hopkins, will appear with McGruff the Crime Dog a; the Cops 'n Kids programs. . fni Indoor Soccer — Twu adult and one youth session of indoor soccer will again be offered this year. The first adult session begins January 11 with games played on Sundays. Call to see if there is still space available on a team. Spring sessions begin March 7. The registration deadline for the adult session is February 25, for youths, January 30. Cost is $16.50 per person. If the registrant already has the official Recreation Department soccer T-shirt (reversible blue and gold), the fee it, $10. Stop in at the Recreation Department to register. Ice Skating Rinks — Rinks will be open until February 16 (weather permitting). Most buildings are open weekdays 4 p.m. - 9:30 p.m., noon on Saturdays and 12:30 p.m. on Sundays'' Cops in Kids — Join us for some fun on Saturday, January 31 or February 7, 10 a.m. to noon, Eisenhower Community Center. Call 935-1788 for details. a monthly publication of the city of minnetonka January 1£ .. 14600 minnetonka boulevard, minnetonka, mn 55345 933-2511 S a m to 4 30 p m Monday thru Friday City Council - t, ) m 1st 3rd Mon Work Session --- 6 30 p m Mon Planning Commission 7 30 p rri 3rd Thurs Park Board 7 p m 1st Wed Joint Recreation Board 7 30 n m 2nd Wed Hoard of Zoning Adjustment ;, M , 41h Theirs Tails Commission On call HRA 7 p rri . 2nr1 TinirS Cable Board 7 1- , „ d PONCE -FIRE: Emerger,cy: 911 4th Mayor 2nd Larry Donlin -- 474-83% Visit with the Mayor in City Hall of 1st Saturday mornings 9 a in - 11 a in Council At Large - Robert r)eGhetto - 545- Karen Anderson 934-2 Ward 1 Or "Hark NrI-nneke - 938-` ' Ward 2 - Jane Gordon - 33`r3755 tN ud '4 F rt;rl Hann^ 935-4094 Warn •1 ni ring Bergstpol - 934-1769 City Manager ,tun Miller 9.33 2511 Horn, 938-0542 Non -emergency: 933-1604 or 911 New Developments The following items were ap- proved by the Planning Commission in December: 86063.3 Final Site Plan Review for Finger Gompan- les/"Regency Woods Apartments' located west of Plymouth Road and north of Meadow Circle 86125.8A Revised Subdivision/"Chentrey Wood" for K.P. Properties at 4716, 4636 and 4808 High- land Road 86149.4 Conditional Use Permit for "Fronk's Nurserryy 8 Crafts" at 5016 Highway 7 86060.tA Ordinance Amendment to Section 300 of the 1982 Code of Ordinances regarding the Zoning ordinance 86164.8 Subdivision/ -Minnetonka Corporate Center tat Addition" for the City of Minnetonka located west of Clearwater Drive and east of Jorlssen Road 86185.4 Conditional Use Permit for YES Proper- ties Partnership 'Express Lube" located at 13118 Excelsior Boulevard The following items are tentatively scheduled for January: 860S2.1 Rezoning R-1 to PUD. 66092.2 Guide Plan Amendment, ! om Low Density to Office and 86092.3 Site Plan for Ron BastyriLandel Corpor- ation " Highwood Office Building" at 16208 High- way 7 86121.1 Rezoning R-1/Wellands to PUD. 86121.3 Site Plan Review, 86121.5 Wetland Alteration Permit and 66121.8 Subdivision for Rowland Point Partnership/Federated Companies "Rowland Pointe Townhomes" on nutlots A 6 K, Meadow Lakes Addition 661419.1 Pezoning R-1 to 1-1, 86148.3 Site P'-n and 86148.8 Subdivision for Welch Companies. Inc. "Commerce Center W^st- located south of Chicago - Milwaukee Railroad and east of Shady Oak Road In the Napco Industrial Park 87008.8 Subdivision for Scott ­iraon Construction "Woodland Place" located easi of Woodland Ruad and north of Nursery Drive/Outlots A, B. C Kvelensky Addition 87009.1 Rezoning R-1 to PUD or i 87009.9 Sub- oivision for Kingman Dillon Corporation "Sher- wood Court Townhomes" located at 12700 Hillo- way Road Symbol Key: R-1-Low Density Residential 1-1-Industrial District Wetlands District Floodplaln District Shoreland District PUD-Planned Unit Development - C.AH-RT SORT ROLK RATE S FC1STA(.E PAID v INETONKA Village of Orono Crystal Bay ^M 55323 1 0_5W (:ITY of ORONO Post t 1.'ice Box 660Crysti,1 filly, Minnesota 55323•Municipal Offices 1 On the North Shore of Lake Minnetonka January 5, 1987 Ms. Holly Hansen Lake Minnetonka Cable Communications Commiss4on 443 Oak Street Excelsior, MN 55331 Subjec- Complaint of C. L. Ducharme Dated 12/2/86 Attac:i,. Wits: A.) C. L. Ducharme Letter Dated 12/2/86 B.) Mary Smith Letter Dated 11/21/86 C.) Plat Map of Area Dear Ms. Hansen, Attached are copi-s of correspondence together with other materials relevant to the complaint by Mr. Ducharme that were addressed to Mary Smith on December 2, 1986. This is a result of a complaint that I had received initially on August 18, 1986 in which Mr. Ducharme had indicated that he had been solicitated by a representative of Dow -Sat for cable an? that he had indicated to the sales person that, in fact, cable was not availabe in their neighborhood. The following day the sales person did come back, and indicated that it was availal)le. Mr. Ducharme signed a contLact saying he would thereby expect delivery of this service as promised. Ulan receiving this complaint I called Dow -Sat cable and requested that they p1Pase rectify this matter with Mr. Ducharme. A number of weeks w-nt wi ut, ..ut Mr. Ducharme receiving a phone call tc correct the situatic)n_ Initially it was indicated to me that they were reviewing the arr.a as part of their 1987 capital construction and to see if, °n fact, this would be area that would be built. Ac'ditionally it was indicated that the delay was due to the closing out of th 2 fiscal year. I.. late September or early October, I again raised th., issue with Mary Smith's assistant, 'heryl Johnsor, who itdicated that she would in fact attempt tr et a response. Finalty a letter was -iddressed, after yet another phone call, o,i October 30th. This mistakenly had Mr. Ducharme tocat(_ci on Dickey Lake Drive, when in fact he was living on Iligh Lane. The error was immediately brought to the attention of Dow -Sat. I w:ts nu_ howev,2r, until Novem'.:er 21, 1986 that a nc_w letter .,,as transtrittel to Mr. Ducharme indicating, in fact, HI 11 DINC & YUN(NG 473 7157 • ADMINISIRATION & FINANCI . iJ 7358 • PUBLIC WORKS - 473.7339 ASSFSSING its. 'tolly ilansen Page 2 ,January 5, 1987 tha* his area would not be served as they currently did not have the street density required by the franchise agreement. The area is adjacent to Watertown Road which does have cable and the houses could be served from Watertown if appropriate easements are obtained. The reason this has become a problem has be(.n the apparent failure of Dow -Sat to resolve this matter in a timely manner and candidly admitting a mistake was made by Dow -Sat. (While it was their subcontractor, they are still are part of the "Dow -Sat" as it relates to service.) In a related comment, Dow -Sat obtained a 63 day solicitation permit which expired on September 26, 1986. They did not sul.sequently request an additional one or raise obj-ctions as to length of the permit, only to the fact they had to obtain a permit in the first place, that they had to pay a fee and thirdly wait until passed by the City Council (within 5 days after initially requested.) Your efforts in resolution of this problem are greatly appreciate i. Si, ,rely, "J� 1a k Bern on City Administrator cc: Mayor and City Council Mary Smith, Dowden Cable TV Cy Ducharme C. L. Ducharme 3405 High Lane Long Lake, MN 55356 December 2, 1986 Ms. Mary A. Smith Regional Manager Dow -Sat of Minnesota, Inc. 2381 Wilshire Mound, MN 55364 Dear Ms. Smith: DEC-5 36 I tried several times to reach you by :one to discuss the problems I have had with Dow -Sat, hit hate been unable to get through to you. Your letti of Occober 30, 1986, sent to my correct address, mention% "...attempting to serve your residence on Dickey Lane Drive". I obviously do not live there, but this represents the lack of comprehension on the part of Dow -Sat! Both your letters of October 30th and that of November 21st fail to recognize ;:r acknowledge the problems which originated with Dow -Sat. You st, : that ".--bert Harlin has been in conLact with me several times, but these contacts have been unsatisfactory". The onl; u satisfactory conversation I have had with Mr. Harlin was the last one, when he tr4 -o pass the buck cf Dow-Sat's ineptitude to an innocent salesperson of Dow -'at. In the event that you do noc know the sequence of happenings, let me state them. On August 18, 1986, Mr. Richard Hiebler called at my home to solicit orders for able service. Mr. Hiebler told me that the cable was on High and was available for hook-up at a monthly charge of $12.35, with no ins on charges. I advised Mr. Hiebler that to my knowledge, the cable was on Watcctow„ Road but not on High Lane. He disagreed with this and insisted that the cable had been exterded up to High Lane. At this point, I asked him to discuss this w- his supervisor, and if indeed, thE cable was on High Lane, then I would sign up j following day. The other three hones on High Lane were also solicited at this time. These neig:,Dors also would sign up based on the program offered. The following day, August 19, 2986, Mr. Hicbler returned informing me that he had talked to his supervisor, and he was authorized to offer the service to prjple on High La. . I infon ed him that if i signed for this service, I expectei' '.D-i-Sat to live up to their offer. That i. ill what I expect! At a later date, I heard once again from _w-` is Mr. Harlin and he tried to explain to me' that the salesperson had not c cted the right people. I can hardly accept this explanation. It s-s-„ds like a u-,ea car salesman ploy! The fact that your franchise with the c.tv c•,' Orono requi you to service areas with res-*.uncial density of over 30 pc inil� has nothing *� c.� with the offer made on behalf of your firm. ' he franchise dcx,; p"rT-' your firm to offer service ,o a low density area, which in fact is what your fir done. I do not expect anything more or less than what your firm h,is offered. Tr,-- ty of Orono ,- ' -served having cxxWnics such as yours solicitirxi in t`+(_ arca. Very duly yours,Cr r "k f*, J\ - cc: Mark Bernhardson PrA)ert. Harlin Dow -Sat of Minnesota, Inc. 2381 Wilshire Mound, MN 55364 (612) 472.6394 DEC +gam , November 1986 Mr. C. T . . 'r 3405 High L; Long Lake, Minc:asota 55356 RE: Cable Television Service Dear Mr. Ducharme: I would much rather be writing to you under other circums'ances. If all of the residents of the homes passed by our physical cable plant shared your enthusiasm for having cable sr -ice, we would have no problem serving you even though the tion of your home does not meet th? density -,,quirements as -tated in our franchise agreement with the Lake Minnetonka Cable Commission, a joint -powers group of fourteen commun'ties of which your community '- a member. I understand our Sales Manager, Robert Harlin, has been in contact with you several times and that contact has been unsatisfactory on both sides; therefore I will attempt to place the situation in proper perspective. The fr ise agreement requires that cable service must be ext I to homes in a density of thirty homes per mile. Our ct, technician reported to me that in your area there are cu- .,,ly twenty homes per mile which is well below. the --e:,airem ;t. Extension of cable st 2 to your home requirfG :.. inline construction involving amplifiers, power supply and lashed trunk line Curren ly costing out at $10,000 per mile. It is true that we can and d rvicr, homes `ive to Peen hundred feet off a main trunk lir,,., .,ut _­ rvice drops of •• iS nature are in a plant -constructer' area and do not requ- h.: electro.� and c0,le list ed above. Some residents hzvct requ­ ;tod hat we actually built a line extensi%-n to i, t`len,. We nave do►re this on a cost - sharing basis. (.hr customor ..,i?di',-d as m ,.(, homes , added to the c,... all .ensity of Ac .rva. Cable Television Service November 21, 1986 Page 2 We will continue to appraise the housing development in your area and will be most happy to extend free installation of a service drop to you once the area is serviceable. I apologize for any inconvenience that our salesman may have caused you. If you have any questions, please do not hesitate to contact me. Yours very truly, Mary A. Smith Regional Manager MAS:cj CC: Mark Bernhardson ✓ Holly Hansen File llj `. Fes" I j 323 0, Ir' ��/ — �,� 4 f /�o ! Nei /900 Olt 3SEc� 1810 LOT I { - 4 t , `Z1 ;; Bn?Ojl lit / � a.u,.r • � p .•rom 1 ..far t ' QOA co: s3s 3yyr / �, r ®Q yes i� 3y2r 1410 Cl l 9 I i 4r,Meg4lt"Ale EASE • Z63 4s(.42 o• V o d' 43 N 1� 44 vJ `42 `�i 3�1. 3N� �r AL A Air— ?�-- • �� J To MFm-p T�a.�� oV 6,4 for e� nzc,�n� Po you ol FY,E- fit£� Uaho s+fr-�nqled �a �e.��•�' �e5���I � u7c+�dt�v CJf�n aUT- hip. CRnr�*w WESTONKA PUBLIC SCHOOLS S600 Lynwood Boulevard Mound, Minnesota 55364 REGULAR SCHOOL BOARD MEETING Monday, December 8, 1986 (Minutes to be approved January 12, 1987) ATTENDANCE/ The regular meeting of the school board was called to order at 8:10 p.m. LOCATION in the Lecture hall of the Mestonka Community Center. Present: Board Members Chelberg, Fritz, Hallowell, Mayer, Pechtel, Pitsch, Schmidt; Svpt. Stevenson; Asst. Supts. Myers and Brandenburg; administrators, Athletic/Student Activities Director. P.R. Coordinator; students, public. )PEN Ray Fredrickson addressed the board regarding dissatisfaction with the %GENDA resolution of a problem his daughter had with Ms. Dykoski, MWHS physical education teacher. Board members were given i.opies of a letter detailing the complaint. Dudrd Member Mayer requested a 5-minute recess to study the document. Chairman Pitsch suggested Mr. Fredrickson meet with Dr Stevenson to try to resolve the problem. If resolution is not achieved, Mr. Fredrickson was urged to again contact the school board or Chairman Pitsch. 1ERK'S Chelberg moved, seconded by Schmidt, that t.re school board approve as 2EPORT presented the minutes of the regular school beard meeting of November 1C. and the special meeting of November 13, 1986. Without discussion, the motion was approved by unanimous roll call vote, all members present. :OM MITTEE Cr. Stevenson reportee that Mestonka and Orono will try to cooperate in tEPORTS setting their 1987-88 school calendars, so that students from both districts might share classes. Chelberg requested a delay in the superintendent search process until the first of the year, which was granted. 'RLASURFR'S Motion by Chelberg, seconded by Schmidt, that the school board approve SPORT as presented the current financial documents and Treasurer's Report indicating present balances, in,luding bills paid after the last board meeting; and further resolved that the school board approve the payment of current bills and claims (with the exception of check f4?,701 which had been pulled for further study) and routine transfer of funds for budget maintenance.' Motion approved by roll call vote. Pitsch abstaining, all ether members voting dye. .00PERATiYE Gene Zulk, Athletic Student Activities Director, spoke to the group about HICKEY the possibility for a cooperative sponsorship project for next year with .GREEMENT/ Waconia, to enable three Waconia athletes to participate in the Mound ;ACONIA Mestonka High School hockey program. A $200 fee, plus the $40 fee all cur athletes pay, was suggested as a possible requirement of participants. He outlined the cooperative agreement in terms of revenues, operating costs, insurance, transportation, etc. and stated approval of the agreement must be received from both districts for action at their January school board meetings, as the deadline for submission to the State High School League is January i5th. 'ERSONNEL Cielberg moved, seconded by Pechtel, that the school board approve the RANSACTIONS personnel transactions (as amended) recommended by the superintendent in agenda item 15.• Following a short discussion nn the allev;a-iow of large n,Nmbers of students in math classes, the 0ot10n was apprOveti by unanimous roll call vote, all members present P.E.R. Motion by Chelberg, second by Mayer, that the school board approve the CalUiTEE appointment of 1986-87 P.E.R. committee members as listed im agenda item APPOINTED /6.• Concern was voiced that no men were included in the coawittee Or. Myers announcfd that the Non -Public School Parent and Pre -School Parent representative. would be appointed in the near future By unanimous roll call vote the motion was approved. • ' members Present SHORT-IERM Schmidt seconded the motion by Chelberg that the srhooi board approve the OCCUPANCY short-term occupancy agreement with the Mestonka Senior Cttitens as listed AGREEMENT in tte agreemeit form. Motion approved unanimously by roll call vote Cal. SERY. Motion by Chelberg, seconded by Pechtel, that the school board approve COUNCIL the appointment of Jean Mayer to the Community Services Council for a two APPOINTMENT year term, beninning i,. edlately, Unanimously approved by roll call vote, all members present. RECESS A recess was called at 8 S? p m The meeting ro,—ve•,ed a! 9 09 G m There was no respons+ to Chairman Pitsch's call for cumrrnts from the audience HEARING Chelberg moved, seconded by Fritz, that a private hearing be scheduled SCHEDULED- in the Robert A Hutvet matter as outlined in agerda item 19 The chairman 140TYET informed the award that any member wishing to W,Ae on the tss,.e must be MATfER present at the hearing or have read a transcript 'if the pro-eedings Motion approved by unanimous roil call vote, all members present STUDENT Sosamma Samuel, MWHS student senate president, reported on the fundraiser COUNCIL in prcgress at the high Sctoul. plans fo- Sno ^ere, a^d ttie cuilection REPORT of fooe items and used clothing for the needy as a holiday service prO�Ort of the student senate. She related that MWHS will most a district convention of student councils, with representatives from ever SO sz%ools in the Hennepin divisior, of which she is pres^^ert ADJCPJRMCNT The meeting was adjourned at 9 16 p m Pat•i::ta the?....:-y 0"k Rodney L. "Complete documentation con be 1-.und in the permanent minute boot r. - WH:STONKA PUBLIC SCHOOLS Mound, Minnesota 55364 SPECIAL SCHOOL BOARD MEETING MONDAY, DECEMBER 15, 1986 (Minutes to be approved January 12, 1987) The special meeting of the school beard was called to order at 7:11 p.m. in the Lecture Hall of the Westonka Community Center. Present: Board Members Chelberg, Fritz, Hallowell, Mayer, Pechtel, Pitsch; Supt. Stevenson; Asst. Supts. Brandenburg and Myers; administrators, teachers, public, legal counsel for the school district, and for Mr. Iiotvet; and representatives of Channel 11 News and local press. Absent: Board Member Schmidt. Chairman Pitsch announced the purpose of the meeting was to consider the resignation. of Robert A. Hotvet. He clarified that considering; this actioji after proposing to discharge did nothing to reflect on the merits of the case, but that the Board felt tonight's action was in the best interests of students and the community in general. Clerk Chelberg moved that the resignation of Robert A. HotvPt be approved as presented*, seconded by Hallowell. Mayer was assured that part of the agreement concerning surrender of Mr. Hotvet's teaching license had been completed. Roll call vote: Chelberg-no; Mayer, Fritz, Hallowell, Pechtel, Pitsch-aye; absent -Schmidt. Motion carried. Chelberg clarified her vote by stating she could not support the resolution without reservations. She hoped the district could now go forward with other important issues, stating that there must never again be circumstiances that could lead to the necessity of the actions of the last two months. Board Member Schmidt was absent due to having surgery the previous day. In her absence her daughter read a letter stating Schmidt's views on the action of the evening and her reasons for not supporting the resolution. The meeting adjourned at 7:17 p.m. Patricia C. Chelberg, Clerk Rodney L. Pitsch, Chairmar *Complete dc)cumentatic�n can ts-� ;;,:.: ,•. ,... 1;_.. . ($19,949) for a boiler unit for the Hilltop School as specified in district bid documents opened on October 28. 1986. Motion approved unanimously by roll call vote, a*l members present. S-YEAR LEASE Motion by Chelberg, second by Sctomidt, that the school APPROVED board authorize the chairman to execute a renewal of lease for Susan J. Magraw, ODS as a 5-year non -cancellable lease for the period from May 1, 1987 through April 3U, 1992. Board members were assured by Mr. Brandenburg that full use of the downtown building will not be needed in the next five years. The motion was approved by rull call vote: Mayer voted nay, ail others aye, all present. DISCUSSION Hallowell reminded board members of the November 20 VoTech meeting, and the impending resigi.atioa of Mary Roberts from AMSO, requesting a letter of appreciation be sent to her. She also suggested a letter be sent to the Orono schools congratulating them on their outstanding football season. No study session was scheduled for November 24. Pechtel complimented Dr. Stevenson and all who completed the Goals and Objectives project. The meeting was adjourned at 9:32 P.m. Patricia C.�Chelberg, Clerk Rodney L. Pitsch, Chairman *Complete documentation can be found in the permanent minute book. WEST to PUBL 1 C SCHOOLS Mou.w, Minnesota 55364 SPtCIAt SCHOOL BOARD WETIR6 THUIR!0IlY, NOVEMBER 13. 1986 (►tinutes _u br approved December 8, 196b) The spe0 al meeting of ne school board was called to order at S 46 p.m. in the Lecture Hall of the Mestonks Community Center. Present Board Members Chelberg Fritz, Hallowell, Mayer, Pechtel, Pit W,. Schmidt; Supt. Stever on; Asst. Supts Myers and Brandtnbufg, administrators, teache s, public. P. it. Coordinator, news media, legal counsel For the .hool district and for Mr Hotvet. Dr. Stevenson distributed to the school board a resolution which was supported by the superintendent. The Chairman declared a recess at 5:47 for the purpose of study,ng the resolution The meeting was reconvened at 5 52 p.m. Clerk Chelberg lofted the resolution proposing discharge of Robert A. Hotvet, pursuant to Minnesota Statutes Sections 125.12, Subd. 8 and 123 35, Sabd. 5 The resolution was seconded by Mayer. There was no discussion Roll call vott. Chelberg-aye, trltz-aye, Hallowell -aye. Mayer -aye, Pechtel-aye, 'itsch-a3t, Schmidt -aye. Motion pasted ey unanINGUS vote. The meeting was adjournc3 at 5.59 p.m. Fatriciaa C Chelberg, Clerk Rodney 1. Pitsch, inairmar. *Complete documentation .an be found in the oermanent minute book. W[STIINKA PUBLIC SCifMS 5600 Lynwood Boulevard Mound, Minne.ota S5364 RtGULAR soOOL BOARD MEETING Monday, November 10, 1986 (Minutes to be approved December 8, 1986) ATTENDANCE! it regular meeting of the school board was called to order LOCATION at 8:10 p.m. in the Lecture Hall of the Westonka Community Center. Present: Board Members Chelberg. Fritz, Hallowell, Mayer, Pechtel, Pitsch, Schmidt; Supt. Stevenson; Asst. Supts. Myers and Brandenburg; administrators, teachers, patrons. P.R. Coordinator, representatives of Channel 4 and Channel it News. OPEN Mr. rhostenson announced that his staff member, Ms. Woytcke, AGENDA is recuperating from surgery and will be gone until the first of December. Hall monitor C;iar Barker is receiving chemotherapy treatments i,r cancer. SPECIAL A special school board meeting was c..11ed by Chairman Pitsch MEETING CALLED for Thursday. November 13, 5:30 p.m. A personnel matter will be on the agenda. Chelberg moved, seconded by Schmidt, that the school board CLERK'S approve as presented the minutes of the regular scnuol REPORT board greeting of October 14, 1986. Approved by unanimous roll call vote, all members present. COMMITTEE Hallowell reported that the Curriculum Cummittee had two REPORTS recowwridations: 1) that the school board consider a retreat in Cecember; 2) that they be aware of the suggested rev'sions in the Language Arts Curriculum presented to the board in October. TREASURER'S Motion by Chelberg, seconded by Pechtel, that the school REPORT beard approve as presented the current financial documents ana Treasurer's Report indicating present balances, including bills paid after the last board meeting; and further reso:ved, that the school board approve the payment of current bills and claims and routine transfer of funds fur budget maintenance.• Motion approved by unanimous roll call vote, all riembers present. FUNDING Motion by Chelberg, seconded by Hallowell, that the school AGREEMENT WITH board enter into the funding agreenrnt with Hennepin County HENN. CC as presented, to i;rovide special education services to APPROVED 3-year old preschoolers as mandated by MN Statute, Section 1220.17, amended 1985, for the period November I8, 1986 through August 31, 1987a. Sara Ruge, Contract Manager for Hennepin. Co. Purchase of Service Office, was present to explain the role of the County and the State in co -funding these mandated services. The motion was approved unanimously by roll call vote, all members present. AUDIT APPROVED, Motion by Chelberg, seconded by Schmidt, lost the sthoel AUDITORS Guard accept the 1985-86 audit of the fi,!ancial trontactia%i REHIRED of the school district as prepared by cert•fied publec dtCOuntantS of the MAIN HUROMAN company, and that the %choul board authorize a contract for the 1986 _.1 audit with the same company lreac,.rer Fritz state) inat the budgeting process and procedures were very good The bud"t is to goad shape, and there are me Surprises. No comemd" Mr Brandenburg and Sandra Schmidt, a,cow++tant, for their fine work. On roll Call vote the motion was mproved unanimously, all present WE`TONKA SFNIURS Bernice Putt addressed the boar.], describing the profess WIN HUNURS whereby the Westonka Seniors won first place in two custasts conducted by the Metropolstlsn Senior Federetioa a;.d the Minnesota Senior federation, a Statewide organization She expresssed the appreciation of the senior% far the vital role the school board has played in contributing to this outstanding recognition KINDERGARTEN Dr. Myers Introduced Judy Olson, kindergarten leacher. READING who outlined the Kindergarten Readiness Program document READINESS resulting from this past summer's curriculum writing tffort REPORT Che'berg thanked the group for doing an 4vislinding jot PERSONNEL Chelberg mover., seconded by halloweli that the %chow! board TRANSACTIONS approve the personnel transactions re:osmended by the superintendent in agenda item /1 "a?)Disci) moved to separate the item listing employmert for Rrlone Mveiler. seconded by Mayer. Mut,on to separate appro" a bi wiantmovs roll all vote, all members present. tin :Jl :411 .ate all other items approved unanimously, all present. Afte- board questions were answered indicating the need fc., .n additional confidential eealoyee in the central ofi-ce the esg,ioyment of Arlene %ue'ler was approves cadmic:.;,ly by roll call vote, all pre ent• 1981-88 Hal owell seconded the motion by Chelberg that the shoo! COURS, OF STwy buard approve the proposed course of study cnaag,rs for CHANGES FOR IWHS Mound Westunka High School for the 1961-d8 school year in accordance with school diptri t Curriculum Adopt oo Policy /6?41. Severs) changes were made to the (curs♦ offering. as first presented. Consume, Cents was changed from alternate years to an annual offering, Physicsi fitness to include !it. and 12th graces, the )Oth grade social studies Semester elective will be ruts Ceatvey rcrld History, and Mathematics received an additional odvaacrd BASIC computer course. 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