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HomeMy WebLinkAbout02-09-1987 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY FEBRUARY 9, 1987, 7:00 P.M. (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Discussion will be held upon request. /��r ROLL CALL L•I.;,MI'+4i�. MEETING 1. CONSENT AGENDA* FED 9 1587 2. PRESENTATION - AWARDS OF APPRECIATION Timothy Adams CITY OF ORONO Thomas Frahm Mary Butler 3. OATH OF OFFICE - Police Officer - Peter Bydzovsky APPROVAL OF MINUTES * 4. Regular Meeting of January 12, 1987 PARK COMMISSION COMMENTS - Terry Morse Representative 5. 1987 Work Plan LAKE MINNETONKA CONSERVATION DISTRICT REPORT - JoEllen Hurr Representative 6. Letter on Draft Legislation 7. Report - Lake Minnetonka Study PLANNING COMMISSION COMMENTS - Charles Kelley Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 8. M1060 Fleischhacker, 2775 Shadywood Road - Variance - Resolution 9. M1096 J. 'logt and M. Hilbelink, 95/175 Watertown Road - Preliminary Subdivision - Reeolution *10. M1097 VanEeckhout/Roderick/Plank, 2020 Salem Court - Easement vacation - Resolution *li. ►1012 Wayzata Country Club, 200 Wayzata Blvd - Conditional Use Permit - Resolution 12. #1090 R. W. Hollander, 200/50 Hollander Road - Subdivision - Preliminary Resolution 13. M1098 Wayne LeNeave, 360 Wakefield Road - Conditional Use Permit - Resolution 14. 41099 Carolynne Hibbs, 2765 Fox Street - Variance - Resolution 15. 41100 Michael Plank, 4145 Watertown Road - Conditional Use Permit - Resolution *16. #1101 James E. Mertes, 3237 Casco Circle - Renewal Variances - Resolution *17. 41093 P 6 A Investment, 1380 S'.xth Avenue North - Subdivision - Preliminary Approval - Resolution 18. Ordinance Amendment - Chapter 10 Zoning Code - Non Rental/Guest Apartment. within Principal Residency.- - Liquor Store - Conditional Use Permit/Pci.lic Service Structures MAYOR'S REPORT 19. Council Appointment 20. Planning Commission Appointments 21. Park Commission Appointments 22. Other Appointments - Resolution AGENDA FOR COUNCIL MEETING SET FOR MONDAY FEBRUARY 9, 1987, 7:00 P.M. CITY ADMINISTRATOR'S REPORT 23. Big Island Board of Governors 24. Liquor Ordinance Draft 25. Liquor Store - Method of Sale 26. Vest Donation Program 27. 1987 Board of Review Date - May 13, 1987 - 7:30 P.M. *28. City of Medina - Extension County Road 116 *29. 1986 Liquor Operation Report *30. Legal Seminar - Saturday February 21, 1987 - FWBI *31. 1986 Summary of Receipts, Disbursements and Balances *32. Tax Forfeited Properties - Resolutions 10-117-23 31 0984 17-117-23 43 0001 02-117-23 31 0026 29-117-23 31 0024 *33. 1290 Spruce Place - oe-117-23 32 0015 - Assessment of Ccsts - Resolution *34. Off -Sale Liquor License Fee *35. Police Officer Employment - Peter Bydzovsky *36. NSF Check - Resolution *37. Seasonal Weight Limit - Resolution *38. 2500 Sixth Avenue North - Flowage Easement *39. Highway 12 Task Force Upgrade Request *40. Equipment Purchase - Public Works Utilities - Portable Pump Motor/Crane *41. Administrator's Information Lake Minnetonka - Hennepin Parks Orono Lane Feasibility Faciliti,- cudy Trinity C,.urch - Bells Governor's Tax Proposal Ulrich Property Countryside Second Addition City of Oroni Statistical Update Administrator's Goal Setting REQUEST FOR EXECUTIVE SESSION CITY ATT(NRNRY'S REPORT LICENSES (42*) BILLS (43*) ADJOURNMENT a ' City of ORONO 1N , RESOLUTION OF THE CITY COUNCIL NO. 2113 MEETING FEB 9 1987 RESOLUTION OF OUTSTANDING SERVICE BY Wit OF ORONO COUNCILMEMBER TIMOTHY ADAMS WHEREAS,' the City of Orono has a continuing program of recognizing persons who are outstanding in their service to the community; and WHEREAS, Timothy Adams has exemplified outstanding leadership in the Orono community through his work over the past 8 years; and WHEREAS, Timothy Adams served as a Councilmember for the City of Orono from November 1981 to December 1986; and WHEREAS, he also served on the Planning Commission from March 1979 to November 1981; and WHEREAS, Timothy Adams has served during a crucial phase of the com..,unity's development; anI WHEREAS, the City is a tretter place because of his ,articipatio:•. NOW, THEREFORE, BE IT RESOLVED that the City of Orono recognize Timothy Adams for his outstanding efforts; and NOW, THEREFORE, FURTHER BE IT RESOLVED that he be thanked by the City Council and the entire community for his exce'lent work. Adopted by the City Council of the City of Orono, Ilinnesota at its regular meeting held February 9, 1987. n[hy Nat=1n, C�. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2114 f i.; t UL MEETING fB 9 1987 RESOLUTION OF OUTSTANDING SERVICE BY COUNCILMEMBER THOMAS FRAHM WHEREAS, the City of Orono has a continuing program of recognizing persons who are outstanding in their service to the community; and WHEREAS, Thomas Frahm has exemplified outstanding leadership in the Orono community through his work over the past .'8 years; and WHEREAS, Thomas Frahm erved as a Ccuncilmember for the City of Orono from October 1981 to December 31, 1986; and WHEREAS, he a:so served on the Planning Commission from September 1977 to September 1981 being its Vice Chairperson from August 25, 1988 to Septemoe-. 1981; and WHEREAS, Thomas Frahm has served during a crucial phase of the community's development; and WHEREAS, the City is a better place because of his participation.. NOW, THEREFORE, BE IT RESOLVED that the City of Orono recognize Thomas Frahm for his outstanding efforts; and NOW, THEREFORE, FURTHER BE IT RESOLVED that he be thanked by the City Council and the entire community for his excellent work. Adopted by the City Council of the City of Orono, rlinncsota at its regular resting held February 9, 1987. ATT^ T: /TMr,ti,y �nre7j--C: a City of ORONOI MEETING 5 RESOLUTION OF 11E CITY COUNCIL FED9 1987 NO THE ROBERT L. SEARL S IIERI MODS SERVICE O� �7r� •"• ° CONFERRED UPON MAYOR MARY BUTLER F 8RONO WHEREAS, the City of. Orono has individuals who contribute outstanding service to the community to help achieve basic goals that enhance and perpetuate the 'quality of life" for the residents of Orono; an:] WHEREAS, Mary Butler has been active in the City of Orono for the past 16 years; and WHEREAS, Mary Butler in those 16 years has served as the City's Mayor for four years, January 1, 1983 to December 31, 1986; a City Councilmember for 11 years from 1972 to 1982; prior to becoming Mayor, serving 3 years as Acting Mayor; and served on the City's Planning Commission for 1 year in 1971; and WHEREAS, during this time Mary Butler has been intricately involved in the fashioning of Orono to make it the outstanding community that it is today; and WHEREAS, she has served in other capacities representing the City in numerous organizations to which the City belongs; and WHEREAS, through her tireless efforts in serving the City in her many capacities the City of Orono is a much better place because of these efforts; and WHEREAS, the City of Orono did establish the Robert L. Searles meritorious service award by Resolution t735 on December 13, 1976 as a method cf recognizing citizen contribution of an outstanding nature. WOW, THEREFORE BE IT RESOLVED that the Robert L. Searles Meritorious Service Award be conferred upon Mayor Mary Butler; and THEREFORE SE IT FURTHER RESOLVED that the City Council of Orono and the entire community extends it's gratitude to Itayor Butler for the many wonderful things she has done for the community and her excellent work as Mayor. Adopted by the City Council of the City of Orono, Minnesota at its regularly held meeting February 9, 1987. A F. T: Jame R. Ora ek, ay o[ MEETING MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JAW� cM.III,��t11[ 11�( 71987 The Orono Council meeting was called to order by Mayorli�lciifGWANCIst 7:00 P.M. OATH OF OFFICE - MAYOR AND COUNCILMEMBERS City Clerk Hallin administered the Oath of Office to the following elected officials: Mayor James R. Grabek, Councilmember Barbara Peterson, Councilmember J. Diann Goetten, and Councilmember William J. Sime, Jr. BOLL CALL The Orono Council met on the above date with the following members present: Mayor Grabek, Councilmembers Peterson, Goetten, and Sime. The following represented the City staff: City Administrator Bernhardson, Public Works Coordinator Gerhardson, City Clerk Hallin, Chief of Police Eilbo, Building 6 Zoning Administrator Mabusth, Assistant Planning 6 Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Blatz and City Engineer Cook were also present. CONSENT AGENDA* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the Consent Agenda* subject to removal of the following items: Item t24 - Private Roads (requested by Councilmember Sime) Item Y25 - Dickey Lake Drive (requested by Councilmember Goetten) Item 426 - Siren Bid Correction (requested by Councilmember Peterson) Motion, Ayes 4, Nays 0. CAROL BANSING - RESOLUTION 42093 MIRE AITCHISON - RESOLUTION #2090 City Administrator Bernhardson presented the following commendations: Special Commendation to Carol Hansing, employee of the City of Orono as Police Secretary, commending her for her investigative skills and initiative to as3ist in saving the life of a young individual from an attempted suicide. Citizen Commendation to Mike L. Aitchison of Rockford, Minnesota. On November 19, 1986 while Mr. Aitchison was doing plumbing work in Orono, he was notified by a City employee of a fire inside a residence. Without regard to his safety he reached in the residence, along with City employee Wayne Quast, and removed the occupant from the premises saving the occupant's life. City Administrator Bernhardson commended Mr. Aitchison for his brave and selfless actions in effecting the rescue. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 12, 1987 APPROVAL OF MINUTES' It was moved by Councilmember Sims, seconded by Councilmember Peterson, to approve the Minutes of the December 8, 19B6 Council meeting as submitted. Motion, Ayes 4, Nays 0. PARR COMMISSION COMMENTS Park Commission Chairperson Terry Morse had no comments at this time. PUBLIC COMMENTS There were no comments from the public at this time. ZONING ADMINISTRATOR'S REPORT: #1059 MARGARET WORK 2259 SHADYWOOD ROAD CONDITIONAL USE PERMIT RESOLUTION City Administrator Bernhardson stated that applicant has requested that this matter be tabled at this time. It was moved by Councilmember Goetten, seconded by Councilmember Sims, to table Application t1059. Motion, Ayes 4, Nays 0. #1076 WARD KRUEGER 205/215 HOLLANDER ROAD SUBDIVISION OF LOT LIKE REARRANGEMENT RESOLUTION #2109 City Administrator explained that this application for a lot line rearrangement of three lots on Hollander Road was previously reviewed by the Council in November 1986. Council tabled the application at that time due to concern regarding ownership which applicant has rectified. Staff has received a signed letter from the Hollander Estate indicating Mr. Krueger is the owner in fact. The other concern at the first review involved the private road situation. Council requested that applicant present documentation showing that the properties are included in the local private road homeowners assiciation. Apparently, the appropriate documents were filed and notarized but were never signed by Mrs. Hollander. City Administrator Bernhardson referred this matter to City Attorney Blatz. City Attorney Blatz verified the fact that Mrs. Hollander did not sign the proper documents. She recommended that if Council is satisfied that all other conditions are met, approval be made subject to the "declaration of private road easement and maintenance of same" be filed again. N MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 12, 1987 #1076 KRUEGER CONTINUED Cc•uncilmember Goetten questioned the lot width variance in a new subdivision. Assistant Zoning Administrator Gaffron explained that the lot lines were realligned to meet the 200' lot width minimum which was a vast improvement as to the lot width over the prior situation. He noted that the type of reallignment was appropriate given the topography and septic system location. City Attorney Blatz recommended that the drafted resolution be amended to read (Page 2 - t2) "The aforesaid division shall not be filed by the City of Orono with Hennepin County Records Office until such time that the applicant provides documentation that the declaration of private road easement and agreement for maintenance of same has been filed with Hennepin County. She explained that the problem was that the City has no documentation regarding Holly Acres 2nd Addition, therefore does not know the nature of those agreements. In order to protect the City's interest it would be adviseable to have documents refiled for both Holly Acres 1st and 2nd Additions even though it would involve more property owner signatures. Present for this matter were Franklin Groves, 215 Hollander, and Paul Merl, 205 Hollander. Mr. Groves made no comments. Mr. Merz stated he had no problem with City Attorney Blecz's recommendation. Applicant, Ward Krueger, was not present for this matter. Due to Mr. Krueger's absence, Mayor Grabek asked staff if this would be agreeable to Mr. Krueger, suggesting that the matter be tabled for applicant's present?. Assistant Zoning Administrator Gaffron stated that there may be a concern with timing being the next Council meeting is not until February 9, 1987, however, he did not know if Mr. Krueger would be agreeable. In order to protect the City's interest and expedite this matter, City Attorney Blatz recommended inserting language into the resolution such as "documentation of declaration of road easement and maintenance of same signed by necessary parties is filed", which would give staff the opportunity to review the documents to determine if Holly Acres 2nd Addition has to sign. It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution t2109 approving a metes and bounds subdivision of a lot line rearrangement amending the resolution as recommended by City Attorney Blatz. Motion, Ayes 4, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 11, 1987 11093 PLA INVESTMENT 1380 SIXTH AVENUE NORTH SUBDIVISION - PRELIMINARY APPROVAL John Adams of P&A Investment was present for this matter. City Administrator Bernhardscn explained that at the December 8, 1986 Council meeticq this application was tabled pending further investigation by staff and the developer of the access alternatives. He noted that the property abuts Tanglewood Road and that the Tanglewood residents are against the use of Tanglewood Road for the proposed subdivision. The developer has submitted a revised preliminary plat drawing showing an outlot for future use as right-of-way, intending to provide a suitable corridor for a future connection between Tanglewood and Knoll Manor Roads. He noted that the access proposed by applicant meets the County's minimum sight distance standards but does not meet their normal required sight distance for an access. From a planning standpoint, staff recommends that Tanglewood be combined with `.he Knoll Manor access, noting that this recommendation would create an issue regarding payment for the combining access. Attorney Jeff Carson was present and submitted a statement on behalf of the Tanglewood Homeowners indicating objection to any proposals that impact directly on Tanglewood Road. He noted that any connection to Tanglewood Road would have to be by agreement_ with the Tanglewood Homeowners Association or through the exercise of eminent domain by the City of Orono. He also noted that the Tanglewood residents should not be responsible for the cost of a new road because they have already paid for Targlewood Road. John Adams stated that hs proposal as presented ,foes not involve a joint access due to the desires of the adjacent property owners. Mayor Grabek voiced his concerns with long range City planning and the safety isra^ of joining the access, however, he does not feel the Tanglewood residents should be subject to any additional expense. He stated that if the applicants proposed access were in fact a safety hazard, the County would not have approved the access curb cut. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 12, 1987 #1093 P&A INVESTMENT CONTINUED ENGINEER'S REPORT: MAYOR'S REPORT: Councilmember Goetten stated that she was not in favor of forcing private road owners into a situation they are against, however, she is concerned with the safety of County Rd. 6 and feels the City will be forced to recognize this issue sooner or later. She is also concerned about who will pay for the access. Councilmember Sime noted that because the developer has provided an outlot for future joining of the road, he was not in favor of forcing a joint Tanglewood Road access at this time. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to direct staff to draft a resolution approving the preliminary plat with outlot as presented finding that the lot configuration is due to the septic system locations and topography. Motion, Ayes 4, Nays 0. city Engineer Cook had no report. Mayor Grabek asked the applicants to be interviewed to introduce themselves and answer the following: 1. Why do you want this position? 2. Explain your background and how your experience will add to this position. 3. If you are not appointed, would you volunteer your time in some other aspect? Council Vacancy Selection - Interviews for selection ..f individual to fill the Council seat vacated upon Jim Grabek becoming Mayor: Ed Callahan - He is an attorney and has lived in Orono since 1970. He served as an Orono Planning Commission member and chairman for many years and filled s vacated Orono Counci, seat from August - December 1986. He feels he knows the routine and addresses problems in an open minded way. Charles Rely - He has served on the Orono Planning Commission for the last 5 years and as Chairman of the commission in 1986. He has been an Orono resident for 10 years, moved to Orono for its rural characteristic and wishes to control development in Orono in order to maintain its uniqueness. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 12, 1987 COUNCIL VACANCY INTERVIEWS CONTINUED Gary Printu - He stated that he originally sought the Mayor s seat in the recent election due to his perceived treatment by the past City administration to the individuals in the City and he feels many residents agreed with his campaign position. He has been a resident in Orono for 31 years and has been involved in community activities for more than 15 years noting that he has been turned down in his past attempts to participate actively in City issues, however he still has a interest to participate. Mayor Grabek commended Mr. Printup for his continued desire to participate. Edward C. Brown III - He has lived in Orono since 1977. He has a background in finance. He expressed a desire to get involved in the community and would like to see the Orono area preserved. Thomas Casey - Councilmember Sime noted that Mr. Casey was unable to attend due to business commitments, but indicated to Mr. Sime that if he was not appointed to the Council, he would like to participate in some other aspect. Julie Herren - was not present. Mariann Kienzler - She is current:y nerving on the Park Comma eion. She desires to serve on the Council because she feels this is the position where there is more impact. She has attended several Council meetings and finds them fascinating. She haL been an Orono resident for 4 years and would like to continue to serve the community. Earl Dorn - He has served on the Orono Planning Commission and Council in the past (1970-1973). He feels he now has the time to devote to the Council because he is working less. He lives in the northwest area of Orono which he feels needs some representetiGn on the Cou,icil. He feele he has the experience background in real estate and capable of handling the position. He noted that his philosophy has been that the government should serve the people rather than vise versa. LaDean McWilliams - She stated that she wishes to wr-tFFran her candidacy for a Council seat. She currently serves on the west Hennepin Human Services Planning Board and intends to remain active in that capacity. In addition, she feels she would have the time in interest to serve on the Planning Commission. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 12, 1987 COUNCIL VACANCY CONTINUED Mayor Grabek directed staff to notify the Candidates that were unable to attend, should they still desire to be considered, to feel free to contact the Councilmembers personally to explain their interest. It was moved by Mayor Grabek, seconded by Councilmember Sims, having interviewed the interested cadidates for the position of Councilmember, staff is directed to place this matter on the February 9, 1987 agenda for a decision. Motion, Ayes 4, Nays 0. Planing Commission Vacan% Selections - Inteiviews to select individuals to fill three vacated seats on the Planning Commission as follows: Curtis Quady - He has been a resident of Orono since 1927. He spent 20 years in the Navy as an Naval Intelligenc4 Officer and is also a retired Industrial Engineer. He stated he is a firm believer of getting the job done and moving on to another. He feels he has the time to devote to the position, day or evening. He served on the Orono Council 15 years ago. He is currently studying the City's Comprehensive plan and plans to study the ordinances and variances. Lee Schacht - He has been a resident of Orono since 1964. His background is a Geneticist with the State of Minnesota. He has worked with a number of state Manning agencies and is knowledgable of the Planning Commission's function. He wishes to become active and is concerned about the City's Comprehensive plan being maintained and its variance procedures. James Berg - He has been a resident of Orono for 8 years. He explained his understanding of the Planning Commission's function as an advisory committee. His background consists of real estate and business. He loves the quality of life in Orono and wishes to give his time and talent in some capacity to the City. Jeffrey Johnson - He has been an Orono resident for a year and a half, however, be grew up in the Naysata area. He is employed with the City of Eden Prairie as an Engineering Technician. He feels Orono has a great City staff and Council and wishes to participate in some capacity. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 12, 1987 PLANNING COMMISSION VACANCY INTERVIEWS CONTINUED Edward Cohen - He has been o resident for three and a half years. He takes an interest in community affairs. He is an attorney and has appearred before many Planning Commission's in various capacities, tberefore, knows its function and procedure. He feels he has the time and interest to devote to the Planning Commission. Gail LS_vinsston - She stated that she is a newcomer to Orono, moving here in September 1985. She has a law degree and currently specializes in management consulting. She wishes to get involved in some capacity in the community. She noted her background involves issues of housing and public policy giving her a perspective and interest in the Planning Commission. Because her work involves travel, she noted that if appointed, she could work around the Planning Commission schedule of meetings. Jor a �Lyn�n - She indicated by letter that she was unable to attend, however she is still interested in the Planning Commission position. Carol Moore Trapp - City Administrator Bernhardson explained that Ms. Trapp had previously been an applicant for a Planning Commission vacancy. She indicated to Mr. Bernhardson that due to her current work load she would be unable to serve on the Planning Commission at this time. Clem Birch - He has lived in Orono since 1983. He offers his business planning experience, dependability, enthusiasm, and abiding conviction to give some of himself back to his community in an appropriate way. Park Commission Vac�an Selections - Intervrews to select individ�s to fill two vacated seats on the Park Commission as follows: Lee _Errgeerr - He was not present but has informed City Administrator Bernhardson that he wishes to serve on the Park Commission for another term. Bruce Eokal - He stated his interest in serving on the Park Commission is generally because of his deep interest for the natural beauty of Minnesota. He would like to be involved in the planning and use of Orono's resources for the benefit of all in the community. He is currently a communications consultant and his background includes public and governmental affairs. Ronald Anderson - was not present. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 12, 1987 PLANNING COMMISSION VACANCIES CONTINUED Mayor Grabek stated that he was impressed by the number and quality of people that have shown interest in these positions. He would like keep the applicants who are not chosen involved in some type of specific program within the City to utilize their talents. It was moved by Councilmember Sims, seconded by Councilmember Goetten, that the Orono City Council make appointments to both the Park an9 Planning Commission at its February 9, 1987 meeting. Motion, Ayes 4, Nays 0. 1987 APPOINTMENTS - RESOLUTION 02110 SUBURBAN RATE AUTHORITY APPOINTMENT - RESOLUTION #2111 Council received a partial list of appointments for 1987. Because of the various appointments to be made for Council, Planning and Park Commission and other considerations the following appointments will be presented at the February 9, 1987 Council meeting for consideration: Acting Mayor Planning Commission Chair Planning Commission Vice -Chair Alternate Attorney City Administrator Bernhardson noted that the only other outstanding designation for the Council to decice upon at this meeting is the appointments (two plus alternate) to the Cable TV Committee. Mayor Grabek stated that former Councilmember Tim Adams, who has been serving on the Cable TV Executive Committee, indicated a desire to continue on the Committee. After discussion, the following were appointed to to the Cable TV Committee: Councilmember Sime Tim Adams Councilmember Goetten (Alternate) The following were appointed to the Suburban Rate Authority: John Gerhhrdson Mark Bernhardson (Alternate) was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution 42110 Designating Selected Appointments for the Year 1987; and Resolution 42111 Designating Director and Alternate Director to 'uburban Rate Authority, Motion, Ayes 4, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL HEFTING HELD JANUARY 12, 1987 CABLE TV REPORT There was no Cable TV Report. CITY ADMINISTRATOR'S REPORT: BIG ISLAND BOARD OF GOVERNOR'S* - CONCEPTUAI. MASTER PTAR PRESENTATION It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Big Island Board of Governors be directed to submit the formal application for their master plan by January 31, 1981 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 that the hazardous building proceedings be held in abeyance until March 9, 1987 to monitor progress on the master plan consideration. Motion, Ayes 4, Nays 0. LIQUOR STORE - TIMETABLE FOR SALE City Administrator Bernhardson reviewed the approximate timetable for sale of liquor store for Council consideration. It was moved Mayor Grabek, seconded by Councimember Goetten, to accept staff recommendation for a timetable in which to dispose of the liquor store by May 30, 1987. Motion, Ayes 4, Nays 0. LIQUOR ORDINANCE DRAFT City Administrator Bernhardson reveiwed the ordinance draft amendment to existing liquor ordinance. The purpose of the amendment is mainly to allow for off -sale liquor together with disbanning the municipal liquor store. Mayor Grabek stated he had concerns regarding on -sale liquor and is opposed to many liquor establishments in the City. He felt the City should impose the tightest restrictions possible. Councilmember Goetten asked if the City has continued liability with a private liquor store. City Attorney Slats stated that she did not feel the City would incur any more liability with a private liquor store than with any other licensed business, however, she would do more research on that issue. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 12, 1987 LIQUOR ORDINANCE DRAFT CONTINUED It was moved by Mayor Grabek, seconded by Councilmember Goetten, 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 February 9, 1987 meeting. Motion, Ayes 4, Nays 0. STRATEGIC PLANNING - SHORT TERM OBJECTIVES It was moved by Mayor Grabek, seconded by Councilmember Sims, to adopt Attachment A as the strategic planning short term objectives for 1987 and that these be incorporated in the Council/Administrator's goal setting in April 1987. Motion, Ayes 4, Nays 0. REQUEST TO EXTEND SUBDIVISION APPLICATION* EXPIRATION DATE - ZONING FILE #980 It was moved by Councilmember Sims, seconded by Councilmember Peterson, the Orono Council extends the expiration deadline for Mr. Xeaveny's preliminary subdivision from January 13, 1987 to April 13, 1987. Motion, Ayes 4, Nays 0. ADDITIONAL 1987 INSURANCE RENHMALS* It was moved by Councilmember Sims, seconded by Councilmember Peterson, to award the worker's compensation 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. Motion, Ayes 4, Nays 0. NAMING OF LIVINGSTON TOW3R PARE* It was moved by Councilmember Sims, seconded by Councilmember Pet -arson, to designate the City property (adjacent to the water treatment plant at the corner of Livingston Avenue and Blaine A,,enue) as "Livingston Tower Park". Motion, Ayes 4, Nays 0. MNDGT AGREEMENT - FEDERAL BRIDGE BONDING FUNDS• It was moved by Councilmember Sims, seconded by Councilmember Peterson, to approve the agree.sent with MNDOT to act as the City's agent to acquire Federal funding for Road a Bridge projects. motion, Ayes 4, Nays 0. LONG LANE CHAMBER OF COMMERCE DONATION* It was moved by Councilmember Sims, seconded by Councilmember Peterson, 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. Motion, Ayes 4, Nays 0. I MINUTES OF THY REGULAR ORONO COUNCIL NESTING HELD JANUARY 12, 1987 GERALD MCCOURTHEY DONATION* It was moved by Councilmember Sime, seconded by Councilmember Peterson, 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. Motion, Ayes 4, Nays 0. POLICE OFFICER EMPLOYMENT* It was moved by Councilmember Sims, seconded by Councilmember Peterson, 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. Motion, Ayes 4, Nays 0. REVISED CALENDAR - PARE COMMISSION MEETING DATES* It was moved by Councilmember Sims, seconded by Councilmember Peterson, to approve the Park Commission meeting schedule as follows: September to April - lst Monday of the month May to August - 1st Tuesday of the month Motion, Ayes 4, Nays 0. 1987 PATROL CAR PURCHASE* It was moved ',,y Councilmember Sims, seconded by Councilmember Peterson, that Council authorize the purchase of three full size Chevrolet squad cars from Thane Hawkins Polar Chevrolet 'In White Bear Lake, MN for a total purchase price of $33,414.00. Motion, Ayes 4, Nays 0. PRIVATE ROADS City Administrator explained the information relative to potential additions to City owned road system. Councilmember Sime voiced concern regarding the County turn back of roads to Orono which would increase Orono's road maintenance by 201. Can something be done to avoid accepting these roads. It was moved by Councilmember Sims, seconded by Peterson, to accept staff 'a information regarding upcoming road issues and to direct staff to work to develop more accurate cost estimates at the point requests for turnbacks are made; and also to resist in every way possible in accepting the County road turnbacks. Motion, Ayes 4, Nay3 0. 12 MINUTES OF THE. REGULAR ORONO COUNCIL MEETING HELD JANUARY 12, 1987 DICKEY LAKE DRIVE City Administrator Bernhardson explained the issue of reducing the letter of credit for the developers of Ringerswood because the road work is completed with the exception of minor shoulder work and taking over Dickey Lake Drive as a public road. Noting that when the Dickey Lake Drive subdivision was created, the agreement was that it would be maintained privately until it was brought up to standards. Councilmember Goetten pointed out the discrepancy of staff's recommended reduction of letter of credit versus the City Engineer's recommendation. Public Works Coordinator Gernhardson stated that it was an error and staff's recommendation is the same as the Cicy Engineer's. It was moved by Councilmember Goetten, seconded by Councilmember Sims, to accept Dickey Lake Drive as a public street effective January 12, 1987 and direct the Public Works Department tc begin maintenance of Dickey Lake Drive and to reduce the letter of credit to $7,500. Motion, Ayes 4, Nays 0. CONFIRMATION OF SIREN BID CORRECTION City Administrator Bernhardson explained that at the December 8, 1986 Council meeting the Council approved the award of an 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 '.,ad been a price change on the relay switch that is a separate component in the item. This increases the total to $13,315. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to award the bid to Electric Service Company in the revised amount of $13,315 for the siren transfer switch and steel pole. Motton, Ayes 4, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to accept City Administrator Bernhardson's Information report regarding: Comprehensive Plan Amendments (Sewer/MUSA and Highway 12 Corridor), Orono Lane Feasibility Study, Facility Study, Administrator's Goal Setting, Minnehaha Creek Watershed District Report, and Ulrich Property. Motion, Ayes 4, Nays 0. CITY ATTORNEY'S RElOR'Ps It was requested that the Council enter into Executive Session at this time. 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 12, 1987 LICENSES* It was moved by Councilmember Sims, seconded by Councilmember Peterson, to approve the following Licenses: Solicitor's License - Discount Flowers Gambling License - North West Tonka Lions - Mound (Pull -tabs) Navarre Lanes Motion, Ayes 4, Nays 0. HILLS* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes 4, Nays 0. ADJOURNMENT 9:59 P.M. It was moved by Councilmember Peterson, seconded by Councilmember Sime, to adjourn the regular Orono Council meeting at 9:59 P.M. Motion, Ayes 4, Nays 0. ATTEST: Dorothy M. Hallin, City Clerk James R. Gra ek, Mayor 14 4MC9 I.M YRNFMs ROCen Beacon, cnebmen snorewaoe Jo'.1en Hun, Vice chairmen OmN Jon EI•m, 6ecreuryban•umr Manna Me to . Be, n Jan Boewinbl Mln nebnF• aocn R Onarl Tlplen Rrwvn GreenwOOc F rankn Minnie'.. Rlc n..- Mi .eeI GGven 1n — RN Kre BB K PYF d Robe. P111ebu11 Innnnonke Robarl E Sim um wpee Ran V rmorsci�a Cer H. weluo Eece.— Mark VIe...no w•v:ae CG7 i'!UL MEETING % f ED 9 1987 CI I Y Of ORONO LAKE MINNETONKA CONSERVATION DISTRICT Q2 EAST LANE STREET VIAYZATA, MINNESOTA 55391 TELEPHONE 612/4737= ... Ym1. ERECVnVE oswC`0A January 20, 1987 The Honorable James ,raybek and the Orono Council P. 0. Boa 66 Crystal Bay, MN 55323 Dear Mayor Craybek and Council: JAN 2 1 IV D I 1] V� Sub,): Preliminary Lake Minnetonka Management Plan Attached is the scope study done this past fall for the District by Arndorfer Associates to help us de- termine the contents and extent of a comprehensive plan for the management of Lake Minnetonka. It is the intention of the District to develop the plan to provide guidance for the general development of the management of Lake Minnetonka, in agreearor.0 with the Lake Minnetonka Task Force and .State Executive Council directives. The District is developing legislation to provide funding for the plan and for its future implementation. Three areas of emphasis during 1987 in which we ask your support are (1) funding for the comprehensive plan, (2) placing the LMCD levy outside the municipal levy limitation, and (3) establishment of a boating permit fee on Lake Minnetonka. Your support of this program is essential to the success of this important step in the LMCD Save the Lake program. Sincerely, /,LLAAJ/NEE MM•'INNNEE,TTOOONNNKA CONSERVATION DISTRICT Rob�rt Ro ec op Chairman ie ens no% MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 12, 1987 LICENSES* BILLS* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the following Licenses: Solicitor's License - Discount Flowers Gambling License - North west Tonka Lions - Mound (Pull -tabs) Navarre Lanes Motion, Ayes 4, Nays 0. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes 4, Nays 0. ADJOURNMENT 9:59 P.M. It was moved by Councilmember Peterson, seconded by Councilmember Sime, to adjourn the regular Orono Council meeting at 9159 P.M. Motion, Ayes 4, Nays 0. ATTEST: Dorothy M. Mal'.in, City Clerk James R. Gra ek, Mayor 14 FINAL REPORT SCOPE OF WORK MANAGEnc,-. PLAN FOR LAKE MINNETONKA LAKE MINNETONKA CONSERVATION DISTRICT 402 P,aet Lake Street Wayzata, Minoeaota 55391 Prepared by: A1111M PER ASSOCIATES 1367 arvvll Path Appta Val , Minnesota 55124 November 1, 19N6 FINAL REPORT SCOPE OF WORK MANAGEMENT PLAN FOR LAKE MINNETONKA Prepared for: LANE MINNETONKA CONSERVATION DISTRICT 402 East Lake Street Wayzata, Minnesota 55391 LNCD Board Membership, 1986 Robert Rascop, Chairman - Shorewood Jo Ellen Hurt, Vice Chairman - Orono Mark Westlund, Secretary - Wayzata John Elam, Treasurer - Mound Marvin Biorlin - Tonka Bay Jan P. Boswinkel - Minnetonka Beach Wally Clevenger - Minnetrists Richard J. Garwood - Deephaven Ron Kraemer - Spring Park Robert K. Pillsbury - Minnetonka Robert E. Slocum - Woodland Ron Spargo - Victoria Carl H. Weisser - Excelsior No Present Director - Greenwood Prepared by: ARNDORFER ASSOCIATES 13670 Harwell Path Apple Valley, Minnesota 55124 November 1, 1986 TABLE OF CONTENTS Section Page INTRODUCTION I Purpose I Study Area I Institutional Arrangements 1 Recreational Use 3 Previous Studies 3 Methodology 5 OTHER STATE LAKE MANAGEMENT PROGRAMS 6 Wisconsin 6 New York 7 California 7 Texas B Michigan S Washington S Connecticut 9 Massachusetts 9 Florida 9 Iowa 9 CENTRAL ISSUES 10 Perspective 10 Definitions 10 Specific Issues or Topics 11 Lake Surface Access 11 Lake Use 14 On -Shore Related Facilities 16 Public Safety IS Shoreland Aesthetics 19 Upland Environmental Protection 21 Water Quality 22 Intergovernmental Relations 23 Institutional Arrangements 24 Funding Alternatives 26 Preparation of a Draft of the Summary Planning Document 27 INTRODUCTION INTRODUCTION PURPOSE The purpose of this report to present the results of a preliminary study to de- termine the scope of a Management Plan for Lake Minnetonka, Hennepin County, Minnesota. The Management Plan is intended to guide resource managers and mu- nicipalities surrounding the lake in controlling use of the lake and further de- velopment of the Jake's resources. The report presents background information about the lake and previous studies, develops specific topics to be addressed in the Management Plan and specifies the contents of proposals submitted to de- velop the plan. STUDY AREA Lake Minnetonka is a series of bays, points and islands with 31 interconnecting channels covering 14,G43 acres (approximately 22 square miles). The 125 wiled of shoreline falls within the jurisdiction of 14 separate municipalities in Hennepin County, Minnesota. The drainage basin includes 123 square miles. Geomotphologically, the lake is perched on glacial material characteristic of she Minneapolis -St. Paul metropolitan area. The deepest point is 91 feet, with a mean depth of 22.5 feet. Platting and development of the ,horelands of the lake began in the nineteenth century. In the 1880s, commercial steamboats and hotels drew a national clien- tele. Today oast of the lake is urbanized, with some undeveloped land on the western bays in the City of Minnetrista. overwhelmingly, the lakeshore is in private residential development. Nuserous pockets of public land remain as parks and provide access to the lake for boaters, swimmers, and picnickers, but these Iai.ds are limited. The extent to which the public access is limited has been, and remains, subject to consid.•rable debate, and becomes an important topic of the Management Plan. INSTITUTIONAL ARRANGEMENTS Managem•nt of the lake currently directly involves the 14 individual municipal- ities, Hennepin County, regional agencies, and the Minnesota Department of Natural Resources. This diverse management structure, in the view of public of- ficial involved in lake and lakeshore management, often works well. However, shot' :g exist. When coupled with overlapping authorities, conflicting ob- jectad differences in development plane occasionally lead, to disputes and cuu,, battle,. Among the regional agencies is the Lake Minnetonka Conservation District. The District derives its authority from state statute, and is composed of one repre- sentative from each riparian municipality. The District has specific manage- ment authority over the lake surface and hoar ducks on the ehoreland,. Other than placem—It and dimensions of boat docks, 14p District has limited authority over shorelands and shoreland development. Its authority over shorelands is largely over public recreation facilities. Shorelands remain largely in the realm of the 14 municipalities. Hennepin County's most direct involvement in the management and use of the lake, other than highway and transportation issues, is through the Sheriff's Water Patrol. That division of the County Sheriff's operation is charged with the enforcement of speed limits, boating rules and regulations, winter use reg- ulations and boating safety in general. The Patrol has its own boats, snowmo- biles and other equipment. The Water Patrol operates with a nucleus of sheriff deputies supplemented with volunteer officers. The Suburban Hennepin Regional Park District is a Hennepin County Agency with its own board that develops, operates and maintains parks in four metropolitan counties. Hennepin Parks' holdings on Lake Minnetonka currently include Wild Goose Chase Island, Wawatasso Island, Noerenberg Memorial County Park, and part of Big Island. In the fall of 1986, Hennepin Parke is exploring the possibil- ity of acquiring and developing a regional park on the western end of Lake Minnetonka in Minnetrista. The agency is important to Lake Minnetonka because of its regional scope, power base, the extent of its present holdings, and the quality of its staff. The Minnehaha Creek Watershed District has authority over the entire watershed of Minnehaha Creek, of which Lake Minnetonka is a part. The Watershed District has state statutory authoririaa involving planning and development. The agency playa a major role in the State Department of Natural Resources permitting pro- cess, a factor particularly of interest in the development of new commercial fa- cilities on the Lake. The Metropolitan Council of the Twin Cities is also a regional agency based in state statutes. The Council has planning, funding, and review and consistency authority over minor civil divisions in the seven metropolitan couaties. The agency has been active in planning on the lake, including participation in the 1985 Governor's Task Force. The Minnesota Department of Natural Resources has authority over public access, use of the lake, shoreland development through its permit process and boat reg- istration and operation. Currently, the Department does not own or operate any access points on the Lake, but one has been planned and is ready for develop- ment. That access at King's Point, is the subject of litigation between the Department and Minnetriata. It is the DNR's stated intent to acquire public ac- cess on the western end of the lake. These agencies, along with the 14 municipalities comprise the management struc- ture of the Lake and its shoreline. Other State and local agencies are in- volved, but their participation is of leaser importance or scope in affecting water use patterns, public and private access, and shoreland development. RECREATIONAL USE Overwhelmingly, the primary recreational use of Lake Minnetonka is boating. Popular boating activities include cruising, fishing, sailing and waterskiing. Picnicking and swimming are also popular, especially in conjunction with boat operation and residential ownership. Scuba diving occurs on the lake, partic- ularly in the warmer months. Other less frequently encountered summer activ- ities include sea planes and ultra -light aircraft. During the winter the lake is used for ice skating, cross-country skiing, snommobiling and ice fishing. A wide diversity of craft are present on the lake. These include runabouts, cruisers, sailboats, pontoons, rowboats, canoes, paddle boats, and a few sea- planes. Runabouts are the most common type of craft followed by sailboats and then cruisers. Some power boats are reportedly capable of speeds nearly twice the 40 mph speed limit imposed on the lake. In 1982, boat storage on the lake was estimated at 7450 craft. Of these, 2966 were at commercial marinas, 690 at multiple residential docks, and 3794 at indi- vidual riparian residences. Between 1975 and 1982 the number of stored craft decreased approximately 18.3 percent from the 1975 high of 9123. However, since then shoreline counts indicate that boat storage on the lake is again in- creasing. Shoreline counts in 1985 indicated that there were 8108 boats stored, or an increase of approximately 8.8 percent. Instantaneous counts were taken from 1973 through 1983 and again in 1986. The 1986 counts were not available at the time of this writing. The boats in use studies were instantaneous counts during standard normal high -use periods. In 1981 and 1982 the counts were derived from aerial photo surveys; in the other years the counts were made manually. The results indicate that instantaneous boating use was lowest in 1974 when 986 active boats were counted. The high oc- curred in 1982 when 2256 boats were instantaneously active on the Lake. That is a growth of 91.3 percent since 1973. In 1983 the count was 1833, nr 18.75 percent leas than the previous year. More important than variation between in- dividual years is the general upward trend documented by the boat counts. PREVIOUS STUDIES The first major study of interest 'a the 1971 study Conducted for the Minnesota Pollution Control Agency tit l ea "r Program for Preserving the Quality of Lake Minnetonka". That study emphasized water nuality and recommended diversion of sewage treatment plant discharge out of the Lake Basin. In 1982, as the result of a dispute between the Department of Natural Resources and a municipality over development of additional public access, the Governor of Minnesota formed a Task Force to investigate specific issues concerning rec- reational use and management o`. Lake Minnetonka. The Task Force filed its re- port in 1983, and became known as the "1983 Task Force Report. Three .areas were investigated by the Task Farce: 1) adequacy of public access, 2) surface use patterns and conflicts, and 3) adequacy of lake management and enforcement programs. Among the major cone lusi.ans were: • opportunities for both boat and shoreline access were inadequate in some areas of the lake, • publi,: parking availability is a crucial component of adequate public boat launct. facilities, • during peak weekend afternoons, boat density in some parts of the lake presents potentially hazardous conditions, • conflicts exist in the form of large versus small boats, fast versus slow boats, swimming/diving versus boating and fishing versus pleasure boating, and • existing law, regulations and authority were found adequate, but enforce- ment inhibited by funding. The major recommendations included: • new boat and shoreline access in certain areas of the lake, • expanded or improved existing access facilities, • the Lake Minnetonka Conservation District should continue ro be the prima- ry agency in coordinating the study, monitoring and regulaticq of recre- ational use patterns, and • adequate funding are required on a continuing basis to implement the recommendations. The report was accepted by some, partially accepted by others, and rejected by still other managing civil divisions. In 1984 the Department of Natural Resources sponsored "An Evaluation of Water Surface Use in the Seven County Metropolitan Area". The investigation selected ' 23 of the 100 lakes in the area over 100 acres; Lake Minnetonka was included. The study used counts from light aircraft and survey@ to document boating pat- terns. The surveys were administered to three subgroups in the population: I) boaters at access points, 2) riparian landowners with boats, and 3) marina users. In 1985, the city of Minnetrista asked the State Executive Council to intervene in a dispute between the city and the Minnesota DNR over a proposed free public access site at King's Point on Halsted's Bay. The Executive Council requested the Metropolitan Council to provide C.em with a regional perspective on the needs for the Lake. in response, the Metropolitan Council formed the 1985 Task Force. The issues investigated the following isanes: • adequacy of boat and shoreline access, • the King's Point launch site, • non -local funding for land related development [oats, • non -local funding for on -lake costs, • municipal policies abo"r lake use and development, • commercial access, and • status of research on lake use. By and large, the 1985 Task Force affirmed the findings of the 1983 Task Force, while providing more specific recommendations. Some it these include: • the need for more and better quality public access, • the King's Point site should not be immediately developed, pending the planning and acquiring a regional park, 4 • the LMCD make recommendations for a non -local source of funding for provid- ing general public access to the lake, • the boating safety fund should be increased, • the LMCD tax levy should be outside the Lakeshore communities' levy limits and should be levied directly, • the LMCD should convene meetings to identify and analyze overlapping au- thorities on the lake, • specific changes in the LMCD authority, • the ORR should continue its present activities on the lake, • there should be expanded monitoring of recreational use, and • data on potential increases in all types of access is needed. This study, when coupled witF the 1983 Task Force Report and interviews with public officials involved in lake issues provide the basis for identificatio• of problems and issues to be addressed in the Management Plan. MiTRODOLDGT The methodology used to prepare this scope of work included three major el- ements. The first task was to review the enabling legislation of each agency directly responsible with managing the resources of Lake Minnetonka. Of partic- ular importance was the LMCD, DRR, the Lake Minnetonka Watershed District and the municipalities on the Lake. The second major effort involved contacting management agencies around the United States who manage heavily used, largely urbanised recreation areas. this effort concentrated on how these agencies ad- dressed problems thoy encounter that are similar with Lake Minnetonka. The fi- nal step was interviewing officials in municipalities, key regional agencies and state agencies most involved in Lake Minnetonka from a regulatory or plan- ning perspective. Representatives of boating, fishing and sailing interests were also included. OTHER STATE LAKE MANAGEMENT PROGRAMS OTEER FTATE LALE MANAGEMENT PROGRAMS As part of this study, contacts were made with ten other states concerning exam- ples of lake management programs that might provide approaches to the plan for Lake Minnetonka. The following in a brief summary of findings for each state. Overall, it appears that a lake management plan addressing the issues outlined in this report is not a completely new idea, but it has few parallels. Most states appear to plan lakes in one to two ways: 1. as part of a larger plan (e.g., stream watershed, local comprehensive plan), or 2. as a series of unrelated, topical plans mandated by general planning or environmental statutes (e.g., shorcland planning, water quality improve- ment, surface use conflicts, fisheries management). In only one case described below, Lake George, New York, is the lake seen as the central resource. In only two cases, Lake George and Lake Geneva, Wisconsin, were significantly different sets of authorities and management tech- niques used in planning and managing a lake. It is recommended that the manage- ment plan for Lake Minnetonka include analysis of the approaches and methods used on these two lakes. Few other examples exist that provide more insight that the lake planning activities already underway in Minnesota. Wisconsin Wisconsin provided two comparable situations - the Yahara River Chain of Lakes in Madison and Lake Geneva. Although the Yahara Chain, principally lakes Mendota and Monona, are smaller than Lake Minnetonka and serve a smaller urban area, they appear to be about in the same situation concerning access, oseage, surrounding development and plan- ning. Working with Dane County and the Southwest Wisconsin Regionai Planning Commission, the municipalities in this chain of lakes are doing a comprehensive Aquatic Study covering moat of the issues of concern to LMCD. This will be a good study to monitor as the Lake Minnetonka plan is being done. However, few new ma nggement or control mechanisms appear to be forthcoming on these lake.. Lake Geneva is somewhat different in this regard. this is a heavily used re- sort lake in southeastern Wisconsin. The major concern is for water quality - similar to the situation on Lake Minnetonka 15 to 20 years ago. A plan it be- ing developed by the Southeast Wisconsin Regional Planning Commission to deal 'ith the situation. Concerning general recreation use, there are ordinances for surface use and dock development. However, enforcement is left to the five communities .round the lake. Lake Geneva has a very interesting mixture of authorities, ranging from a Lake Level Corporation to a Water Safety Patrol to an Environmental Agency. There is a Rood deal of private, non-pr,fit support and contn4 of the" agencies. Each has a defined rule to play in managing Lake Geneva. The management of the "I Lake should be of int -set to LMCD because of the number of different ways that problems similar to Lake Minnetonka's are handled in a different setting. For example, "public" access is provided through both public and private launch ramps on a fee basis, with smaller boats paying significantly smaller fees (e.g., $2 versus $10.). New York In New York the interest centered on the Finger Lakes and I = George. There has been remarkably little lake management work done on the Finger Lakes, probably a a result of their size (most are two to three times the size of Lake Minuetonka), their distance from large population concentrations, and their un- complicated shape and shoreline conditions. The only one with any comprehensive planning activities at all is Lake Canandaigua, a 17 aqua.: mile lake near Rochester, New York. A plan has been prepared that looks at most aspects of this lake, but it is a rather general, beginning document. A significant amount of planning has been done on Lake George in eastern up- state New York. This is a 44 square mile lake, about twice the size of Lake Minnetonka. While it is remote from population centers and its shoreline is not as heavily developed as that of Lake Minnetonka it is interesting for two reasons. First, the issues addressed in its plan are very similar to those for Lake Minnetonka. Water quality, shoreland and upland development, and surface use conflicts are paramount. The way the issues are stated and the solutions pro- posed should be directly applicabLe to the Lake Minnetonka situation. Second, the planning environment of Lake George is worth examination. The lake is "within" a state park - Lake George Park - which is a subunit of the Adirondack State Park. Lake George Park is almost contiguous with the Lake George watershed. The plan was done by the Lake George Commission, an agency created under New York statute. The state "park" purposefully includes much private land and a variety of existing and planned land uses. It is more of a cultural designation than a public park as this term is defined in Minnesota, and even elsewhere in New York. The allowance for a multiplicity of uses with- in a publicly -designated resource area and the focus on the lake itself as the primary planning objective are the items of interest. However, most of these recommendatiune are couched in terms of "Should" and "may". California The discussion centered around Mission Bay, San Diego. While this a salt -water body, many of the shoreline and surface use issues parallel those of Lake Minnetonka. The bay is planned and managed by the City under Federal and state coastal management legislation. Controls consist mostly of shoreland zoning an some water use restrictions, mostly of speed and activities. The problema of the Bay are seen wire as land use and water quality problems than as surface use problems since the bay has direct access to the sea, and unlimited boating area. The major approach is shoreland management within existing authorities. Other lakes discussed in California were Clear Lake and Lake Tahoe. Neither had problems or conditions remotely similar to Lake Minnetonka. Testae Interest centered on several large reservoirs in the Dallas -Port Worth metroplex and on Lake Austin. The reservoirs (e.g., Lake Ray Hubbard, Lewisville Lake, Grapevine Lake) are covered by general plans done when they were created. These plans have been modified over time to increase use on public lands owned along these reser- voirs. Little has been done to plan the details of land use around these reser- voirs; the actual development pressure has not occurred yet. In most cases, public land was secured as part of the initial development. Lake Austin, also a reservoir, is in a different situation. The city of Austin is growing rapidly, and the city's park and recreation department has begun planning for the lake. Additional public land is being considered along the roughly ten -square mile lake extending northwest along the Colorado River from the west edge of town. Public access, surface use regulation and shoreland de- velopment controls are being considered. Although the lake extend- a good dis- tanca outside the mein portion of the city, its shoreline is almost all within the statutory city limits. Private development is increasing rapidly. However, the plan is only in its initial states and is a pioneering effort in Texas. Michigan While Michigan is much like Minnesota in water resources, the presence of the Great Lakes and the absence of large inland water bodies make the situation in- comparable wt'h Minnesota. The regulatory mechanism used to deal with surface use and shorelao. 'welopeent are quite similar to those used no other small Minnesota Lakes. ' `,nal planning is done for the Great Lakes under the Federal Coastal Zone -ment Act and its state counterpart. However, noth- ing- remotely similar to Minnetonka was discovered. Washington Lake Washington, a 35-square mile .reshwater lake in the City of Seattle, was researched. There has been l:ttle done it terms of surface use ?launing here since the lake connects to Puget Sound. The major planning effort has involved the shoreline Where environmental, aesthetic, and commercial -industrial - recreational conflicts exist. No overall plan for the lake has been attempted by the city of the Puget Sound Council of Governments. Connecticut Contacts were made concerning several large reservoirs in the state. In most cases, these reservoirs have an important water supply function and other uses are subordinated. Much of the shoreline is publicly owned with restricted ac- cess. There do not appear to be many useful parallel@ for the LMCD study. Massachusetts The situation in Massachusetts is similar to Connecticut. A few more uses are allowed and the emphasis is on hydroelectric power, but little regulation or planning is done concerning surface use. Florida Discussion centered around the St. Johns River Chain of Lakes in Northeastern Florida, as well as several inland lakes (e.g., Apopka, Kissimmee). While these lakes receive heavy recreational use, the situation and issues facing them are quite different form Lake Minnetonka. The St. Johns River is part of the Intra-Coastal Waterway system. The inland lakes, some of which are subject to intense surface use and residential development, have received little compre- hensive planning attention to date. Iowa Interest in this state centered on the Spirit Lake -Lake Okoboji area. While there are the usual environmental ontrols on shoreland and surface water man- agement, there is less in the way f surface use cons, Is. The size of these lakes, the use pressure and resort oriented nature of use �kes these lakes quit different from Lake Minnetonka. Few parallels at n. CENTRAL ISSUES CERTRAL ISSORS PERSPECTIVE Ten separate issues or topics need to be addressed by the Management Plan for Lake Minnetonka. These are: 1. Lake access 2. Lake use 3. On -shore related facilities 4. Public Safety 5. Shoreland aesthetics 6. Upland environmental protection 7. Water quality S. Intergovernmental relations 9. Institutional arrangements 10. Funding alternatives In addition, an Environmental Worksheet needs to be completed near the conclu- sion of the planuing process. The following sections discuss each of these topics. DEPIRITIORS For this Scope of Work several terms relating to lake access need to be defined to assure understanding of the issues and work elements. Individual riparian access refers to direct access to the lake from lake proper- ty that is either owned in fee title or otherwise leased, rented or conveyed to an individual or his family. Multiple riparian access is shared rights access. That includes apartment, con- dominium and private club (excluding marinas and yacht clubs) access where the access rights are gained through membership in an association, club or rental of an apartment unit. Marina access, for purposes of this report, includes access from marinas and yacht clubs [gat are privately owned or operated, with or without restricted membership. Private riparian access is more inclusive. This type of access includes indi- vidual riparian sceess, multiple access and marina access. It covers all types of access not caned and operated by a governmental body. Restricted public access is open to the q••neral public, .t on a limited or pri- ority basis. That is, a specified numbe- of docks are allocated first to res- idents of tie local community, with r<maininq ices available to individuals [hat live outside of shoreline communities. The other form of restricted pub- lic access is available only to residents of the one lakeshore community. These definitions need to he further refined and clarified early in the develop- ment of tie Management Plan. Im SPECIFIC ISSUES UR TOPICS It should be pointed out that the issues identified below have been raised ei- ther in the interviews or by at least one of the two task forces. The fact that they are included does not mean that the issue has merit. Their presence mer=ly indicates that one or more influential organization supports the state- ment, ti.ux indicating that the issue needs to be addressed in the Management Plan. Lake Surface Access Definition: Lake access is defined as access to the lake water surface during summer or winter for the purpose of conducting a recreational or commercial activity. Background: Bummer and winter activities are covered by this section of the plan. The ac- tivities include boating, swimming, fishing from a boat, scuba diving, waterski- ing, ice skating, cross-country skiing, snowmobiling, ice fishing, use of seaplanes and ultra -light aircraft. Presently, the ways to access the lake for boating are from: 1. private riparian lands, 2. municipal lands with access allocated on a priority system or limited to residents of that community, 3. multiple residential developments, 4. private commercial marinas and yacht clubs, S. public launch ramps, and 6. public corridors without formal access facilities Access to the lake shoreline for warm season mctivitics includes municipal and regional parks and ramps on the mainland or on islands as well as at various io- formal public lands. The letter groups includes primarily fire lanes that re- main in public trust, but are no longer needed for their intended purpose. Access to the lake surface for winter recreational activities are essentially similar to those for boating. Some communities open fire lanes closed during the warm se+son for access during the winter. Based on interviews with key informants and review of existing recreational use wtudkes, none seem to have completely documented recreational access for both aummer and winter activities. I ssuea Identified: i. Existing general public access is lacking, at times, in quality and opportunity. 2- The boat density standard for Lake Minnetonka needs to be determined. 1. Additional public access is needed in the southwestern portion of the lake, specifically iu Minnetrists. 4. Some sources have indicated that existing access puints need to be expanded and improved. 5. Some municipalities, particularly on the eastern end of the Lake, have severe constraints on the opportunity for developing new access points. 6. There is adequate marina development on the lake and further develop- ment is unnecessary. 7. Boat ramp access should be measured in terms of parking spaces avail- able for car -trailer combinations. 8. The two Tasks Forces concluded that written agreements are needed to increase the reliable on- and off-street parking for car -trailer combinations. 9. Make-ready ducks are needed at some public launch ramps. 10. There is a need for improved signage showing the location of iff- site parking. 11. The 1983 Task Force recommended that municipalities give consider- ation to creation of a public access site at any existing commercial access location prior to possible future rezoning of such a site to multiple dwelling or other non -lake access use. 12. The same Task Force found winter access to be adequate and well distributed. 13. the acquisition, development and operation and maintenance costs of new free boat launch should be the responsibility of the implemen- ting agency. 14. There is a need for improved ancillary services for the boating public. 15. Some informants expressed the view that lakesh--sia.nts do not view the lake as a regional or state resource. ,r., some felt that that view was becoming less prevalent. 16. Insufficient or no regulations exist which address ready dry storage at marina. 17. Some key informants, contrary to many of the issues listed here, state that there is sufficient public access at the present time; de- velopment of further public access is not needed. 18. The LMCO, according to - `ormants, should have the power to ac- quire, construct and -cress points. Mork Elements tar the Plan: The contractor will: 1. Inventory and map poe.ic and private warn season access to the lake. The inventory will be classified by minor civil division, manage- ment area, analvsis zone and type of access. As a minimum, the type of boating access will include: • restricted public access (resid,ot use only), • multiple residential docks, • private evamerc,al mariner, • public Isunch ramps, and • public corridors without t,re,al acres, facilities • private riparian docks and access (from LMCO annual inventory) 17 2. Inventory and map public and private winter access to the lake. The inventory will be classified by minor civil division, management ar- ea, analysis zone and type of access. As a minimum, the type of ac- cess will include the following activities: a anowmobiling, a ice fishing, e ice skating, and a cross-country skiing. 3. For each public and private boat launch access open to the general public, an inventoty of facilities and designated parking spaces for car -trailer combinations will be prepared. Where car -trailer park- ing is available, but not designated, such sites will be specifical- ly identified on a map of the municipality. 4. Access standards need to be developed for the Management Plan that allocate access to the lake between private riparians, commercial ma- rinas, and the general, non -riparian public as well as by management unit. 5. The present experience of the LMCD indicate that written agreements 'at,blishing parking for car -trailer combinations does not accom- plish its intended objective. Therefore, examine whether written agreements are feasible, the conditions that should be included and make recommendations for action. 6. After the access standards have been developed and approved, a plan for altering the access to the lake, as required will be developed. The recommendations should include improvement and upgrading of ex- isting access points, the addition of new seesaws, nr closure of ex- isting accefaea. 7. After the lists of recommended nw and improved sites are developed, a system for assigning priority needs to be developed and executed. g. Obtain copies of agreements between individual communities and the LMCD specifying desiznated parking areas for car -trailer combina- tions. Also, develop a liar of agreements that need to he executed. q. The present rule of fire lane ecceages. by community, needs to be de- veloped and recommendations for their future role included. 10. Within the context of the inventory of boat arcesa And the develop- ment of access standards, the need for the access to he provided at the Regional Park in Zone 5 needs to be eveloated. If. Within the context of the access itsndarda and the Illocution Pro -determine the need for additional conmir ill smrinas by lake manlA-ment srei. I7. Prepar recommendations fir improved signs ge, espeeislly wtth re- spect to off-3,t. car -trailer parking. li. 4ec.mm+n4 improvement in in 1I14ry errvi.:er fir the boarinz public by like management unit. 11. %val rate the -nvtr inment Il, as ta: and ernnnmfr effects nt the c'IanAe to IIke A— eau wI to axph4at4 in the rhang^ in the pattern of I Is.. iso Ind the tmpl t-ati ms far other Iskes in the metr.tpal i tan r^A. in. M Lake Use Definition: Lake use is defined as individual recreational activities occur- ring on the lake or its shoreline. Examples are pleasure boating, fishing, swimming, scuba diving, uaterskiing, picnicking, ice fish- ing, ice skating, snowmobiling, and cross-country skiing. Background: Conflicts have been identified between different recreational activities. Those conflicts need to be analyzed in detail to provide recommendations for minimizing such conflicts. The objective should be to provide for as many uses while protecting the safety of the participants. Sumer season conflicts identified include: 1. slow boats versus fast boats, 2. large boats versus small boats, J. swimming/diving versus boating, 4. fishing versus pleasure boating 5. seaplanes versus general boating 6. ultra -light craft versus general boating 7reaently, there are controls on lake use. Speed limits, quiet water zones, era buffers around certain activities are examples. Also, restrictions exist nn seaplane operations on weekeude. During the winter buffer zones are main- tsined within 150 feet of the lakeshore and snowmobile and automobile use eestrtcted. Due'ng development of the plan, the different conflicts, the existing LMCD we- tv.t surface zoning and other rules and regulations need to be analyzed with rec- ommcodorions for changes. Although there have be n several previous studies which have attempted to char- acterize recreation use levels and patterns on the lake, the general agreement among recreational professionals is that the data base for the lake is not yet complete. The t985 Task Force concluded that the "data do not support wide-ranging conclu- stsns about lake use". The existing literature is either narrowly focused or has tested now methodologies without adequate replication. The valid, reliable st„uie-j provide only a limited amount of data on the peak boat counts and activ- itv tallies. The broader studies have been repeated tno few times to provide a d,•f iu,tive data ease and need to be expanded. In addition, a sizeable component of the local, riparian interests continue to question the use of average, state-wide, or regional summary statistics in the design of facilities on Lak. Minnetonka. Therefore, there is a need for devel- apaent of a c„apr,hensive monitoring program for Lake Minnetonka that will de- velop relisbh:. repr.,ducible recreation use statistics, particularly for boating. 14 Issues Identified: 1. Lake use continues to increase and the normal peak continues to increase. 2. The view was expressed that perhaps lake use is self regulating enough to: 1) take care of most use conflicts without further regula- tion, and 2) form the base for use regulations which will be accept- able to the majority of the users. 3. Inattentive boating, use of alcohol and high speeds seem to be the major factors in boating accidents. 4. More than one key informant stated a preference for the least amount of restrictions on use as is possible to protect the resource and the users. S. The issue of further limiting power boats from the lake needs to be considered. 6. Buffer zones may not be adequate for protecting some users from high- speed boats and snowmobiles. 7. The conflicts between the user groups need to be carefully examined to determine if changes in water -surface zoning is required. 8. Come of the regional agencies indicated that if user groups are dis- placed from Lake Minnetonka, either by regulation or unacceptable conflicts, then the effect on other metrorolitan lakes needs to be determined. 9. Several informants suggest a minimum, or no wake, speed after dark. 10. The 1985 Task Force recommended the following: o expand use monitoring, especially to- peaks and length of peaks n origin -destination data is needed for boaters from all types of access. o monitoring of shoreline development is needed to determine the potential increases in all types of access. It. The same Task Force recommended a systematic research program for Lake Minnetonka. A cooperative, jointly funded, jointly designed re- search program is needed. U . Several key informants felt that state and regional agencies used turnover rates, water use standards, or access standards that were not based on any apparent evidence or that were not applicable to Lake Minnetonka. The absence of agreement on such standards inhib- its agreement on the level of access needed, the amount of facil- ities required and regulatory programs. 11. Sev-ril key informant, felt that there was a nrad to better decor - mine exactly who uses the lake and where they come from. Murk 81em,nte for the Plan: The contractor will: net••rmine the basis fir establishing boat density standards .and de- velop sudh standards for Lake Minnetonka. Using av,iiabl. data snd use mog dnitorinata, document conflicts be- tween the various user gr.runs on the lake involved in both summer and winter a1tiv1t1,ea. R 7. Recommend solutions to user conflicts for both summer and winter ac- tivities. Such recommendations will consider the following alterne- tives as a minimum: o greater or lees restrictive speed limits for boats and snowmobiles o horsepower restrictions on power Lusts a size limits on water craft a increased or decreased restrictions on aircraft and ultra - lights. o nighttime quiet periods o no wake, or minimum wake, after dark 4. Review the existing water surface zoning and use regulations of the LMCD, shoreline municipalities, and other regional agencies and make recommendations as appropriate. 5. Prepare two maps, the first indicating existing water surface zon- ing, the second proposed water surface zoning. 6. Review huffer zones established for activities by LMCD regulations and make recommendations as appropriate. 7. Develop a monitoring program, with the cooperation of all interested agencies, designed to provide all data necessary to develop the Management Plan, establish basic statistics for monitoring changes in the mix of activities, measure peaks and length of peaks, collect origin -destination data for boaters from all types of access. 8. Develop a method to monitot shoreline development to determine the potential increases in all types of access. q. Examine funding alternatives for a long-term recreational use mon- itoring program that is cooperative, jointly funded, jointly de- signed research program. 10. Develop a profile of the Lake Minnetonka user, including residence by minor civil division, boat ownership, type of boat and other per- tinent values. These data need to be collected for each different type of access to the lake's surface. It. Examine the environmental, social and economic effects of proposed changes in the use of the water surface of Lake Minnetonka, includ- ing the impact on other lakes in the metropolitan area. On -Shore Related Facilities Detinition: On -share related facilities includes all public recreation facil- ities such as vistas, lookouts, fishing piers, and picnic areas that are open to the general public or restricted t) residents of riparian municipalities. Also included are private businesses, such restaurants, bar. and bait shops tnat are available to the public. bee kgr ound: The two task forces and key informants above the municipal level have expressed the need for additional access to the lakeshary for day uses such as picnicking and swimming. Existing facilities .are cited as being inadequate. 16 A p posal by Hennepin Parka currently involves developing between 40 and 300 act,. on Halsted's Bay and Lake Minnetonka. The proposed development would in- clude public boat access to the lake. Plana are to develop the details of the proposal between fall, 1986 and winter, 1987. Generally, there were statements that ancillary facilities need to be more wide- ly available around the lake. Issues Identified: 1. Local communities have stated that they bear the cost of maintaining or improving streets that access new or existing boat launch sites. No non -local funds are available for this purpose. 2. Local communities maintain that coats for police, fire and medical emergency service to boat launch sites are substantial. 3. Municipalities on the lake maintain that operating and maintenance costa for boat launch sites operated by the municipality are significant. 4. The acquisition, development and operation and maintenance costs of public access sites should be the responsibility of the implementing agency. 5. The 1983 Task Force noted that there is considerable potential for improving shore access. 6. Some informants felt that there is a need for more scenic lookouts, fishing piers and picnic areas along the Lakeshore. 7. Presently, ready dry storage is not restricted by regulation as oth- er types of access are regulated. 8. Several key informants from municipalities stated strong feelings that there was no need for the LMCD to haveiuthority beyond the wa- ter's edge. 9. Enforcement problems and a decrease in boating safety often occurs late at night when bars adjacent to the lake close. 10. LMCD should be significantly involved in developing plane for Big Island Park since several municipalities will be involved. Work Elements 'ot the Plan: The contractor will: Develop a ahoreland inve,.tory of public and private on -shore recre- ation facilities which includes t6c Following facilities as a minimum: • number of picnic tables, • miles of trail., • number of picnic shelters, • acres of public land and acres of private land, • acres of developed land, • linear feet of swimming beach, • playground equipment, • other recreational facilities, • .nvillary facilities, and 17 a bars, restaurants, bait shops, watercraft rentals, and other on -shore related facilities that could affect the lake. 2. Develop a listing and a map of public and private onshore related facilities. (Examples include bars, restaurants, bait shops and oth- er commercial facilities that serve lake users.) 3. Quantify the extent of ready dry storage of boats at marinas on the lake and determine the potential for further developing that type of access. 3. Quantify the expenditures of local communities in maintaining or im- proving streets that access boat launch sites. Determine the propor- tion of that coat that can be directly attributed to recreational use. 4. Quantify the expenditures of local communities for police, fire and medical emergency service to boat launch sites. 5. Quantify the expenditures for operating and maintaining boat launch sites operated by the municipality. 6. Evaluate the distribution of recreation facilities on the lake and determine the aggregate effect on lake use. 7. Determine the need for scenic lookout@, fishing piers and picnic ar- eas along the lake and develop a system to establish the priority for development. 8. Evaluate the environmental, social and economic effects of the planned changes, including a discussion of the implications for oth- er parks in the metropolitan area. Public Safety Definition: This involves the various safety programs as well as the enforce- ment of rules and regulations to enhance the safety of all user groups on the lake in both summer and winter. Background• Nearly those interviewed complimented the water patrol on the job that it was n Moat respondents indicated that further improvement was possible if the a. Id be increased, particularly during the summer. Enforcement of speed i. appears to be limited by the number of patrols, level of staff and equipmen The patrol is perceived to be well equipped for its present lev- el of personnel. The 1983 rank Force presented alternative methods for increasing the funding available for the Water Patrol. There have been changes since 1983. The Management Plan needs to address the expressed concerns, evaluate the level of patrols and make recommendations to assure adequate protection of the public safety. IA Issues Identified: 1. Funding for enforcement on the lake is not adequate t, meet the pres- ent need. 2. Some measure of the effectiveness of the public safety iragram is needed. 3. There is a need for as many a 6 mire boats on the lake during peak weekends. 4. The patrols need to be on the lake more hours than is possible now. 5. Even though there is a speed limit of 40 mph on the lake, some boats are capable of 80-90 mph. That led informants to raise the issue of size limitations on motors. 6. Some informants felt that greater patrolling was needed in the win- ter to control abuses by snowmobiles. 1. More patrol and presence by public safety officers is needed on the lake. S. Unfamiliarity with the rules of the road and with Lake Minnetonka cause many of the public safety problems. 9. Response time between call and arrival at the site is coo long, even though it has improved in recent years. Work Elements for the Plan The contractor will: 1. Evaluate the capability and performance of the Water Patrol in en- forcing the applicable regulations. 2. Determine the level of patrol -sd staffing required to properly pro- vide for the safety of lake uaars in both the summer and winter. 3. Develop recommendations :ur improving public safrty on the Lake. 4. Develop a discussion of the environmental, social and economic ef- fects of the plan. 5. Investigate the possibility of greater regional or community finan- cial support of the Water Patrol. Moreland Aesthetics Definition: this concerns protection and enhancement of the view from the shore towards the lake as well as from the lake towards the land. arc kgromnd : Presently, the LMCII does not have authority over ahorelands. Howev._r, it has developed model ordinances and encourages their adoption. One such ordinance is the AodeI Vegetation Ordinance which places rem t r i ct ions an removsI of maist- ing trees and shrubs. the ONK ham promulgated regulations in this area that overlap or replace Iro al ordinancea. Key informant. have cued the need for additional attention in this matter, ei- ther an N,e part or the indivi,lual muoicipaliliea or by the LMLO. 19 It is worthy of note that individual municipalities rarely support the expan- sion of '.MCD power to include lake shorelands. Issues Identified: 1. The mod. vegetation ordinance sb 'id he adopted by all 14 auniaipal- ities o, the lake. 2. Some informants-odicated that buildine height restrictions, screen- ing of roads and buildings, and sc, asements should be consid- ered for the lake. 3. Some informants indicated that the LMCD needs authority in this area. 4. Noise from large, high speed boats and ultra -lights die.orb on-eb.ve use in ti.a summer. 5. Accumulated trash and litter during the winter causes a sigoifl.lnr litter problem after the ice is out of the lake. 6. Bright lights oo whore interfere with navigation. "ha LMCD has reg- ulations, but th•a needs to examined. Work Elements for the Plan: The contractor will: 1. Inventory existing regulations, ordinances and Policies for the pro- -tr of shoreline aesth.•rics. 2. —elo, a iap at the lakeshore indicating the ext 1 of protera of ex,ici, regulations and ordinances. J. Examine the nee•+ for additional restrictions, inclu.,.ag but nol .tm- ited to: 1) briding height reatr-t:+ons, 2) scr•,i f roads and building,. and "s'i scenic easemenra. 4. Evaluate 1 _r noise pr,blems caused by bo 'cr 't, ul- '•'e-light rra.t and snowmobiles on other users on the ,a..e o ,e shoreline. c. Explore ai--rnative c.'utions to litter collection during wi, months and recommend alternative sotut-Nona. 6. Evsln�ce the effzctivenesrof the LMCD light v_s• a com- mem0 impravemenry if necessary. 1. F-aluete the iveness of individual my rcing ouch - .-'ction. nior"ment by Minn,00a , Creek Weer-' ••d Uistr ict h. Det, .ne tf.e •uvirunmentll, , �cmum^ndat, ,. Nalaod Environmental Protection Definition' This addresses both how the use of the lake generates pressure for development and the de elopment of onshore attractions affect wa- �er use patterns. Background: one component of this issue is that VP, high quality of Lake Minnetonka gener- ates pressure f-r development of lake -related private commercial enterprises ad- }ecent to the -b re'.ine. Another :.-m_pnnent is that the development of certain types of budiness�s attract boatersto that portion of the ahoreiine. Existing controls are limited to the traditional land use controls of the municipality. LMCD only controls dock permits. This issue is particularly important when considering the environmental impacts of new access points, modified access points as well as the effect on lake use patterns—nerated by certain types of development. The plan needs to examine these issues and to address their environmental implice.tions. Issues Identified• 1. The Watershed District is t._ lax in issuing variances for setbacks. 2. Encroachment into wetlands is too often allowed for new developments along the lake. The agencies with authority now are the DNR and the Watershed District. 3. A minority th interviewed felt that the LMCD needs the author- ity to ch. . in >uning from residential to commercial. y, WL h , ,d boats causes erosion. Better entorcement is needed 5 The de, if on -shore residential re.,-elopment or potential for develo.-meat in some communities needs to be examined in terms of its ultimate effec 'he lake through lake surface access, boat owner- ani- and the pa r of lake use. Work Elements for the Plan: The cnntraetor will: 1. P.valaate comprchunsiv- plans of .ore communit as for cunaisten- .v viti, existing and potential Lta goals and objective# Evuldate the gnats and objertives h.• War ... lied District and ore- paro a comparison with the goals objectives of tlee LMCD. I. f..amin- lnng-ter:-.i plans of lakes- Comm nities, especially thA less intensely developed communrtie., to determine the porenu el ef- rect ou the lakc and ., lake ure. nor ses of action that will enhance upland envi- +. Pr'paro alternative ninmentai protection. 5. Uocem,•nt Jr,e rnvir.Iome Ir11, sueial and economic effects of the pro- .r.re,J cool sea �d action. 7 Water Quality Definition: Water quality issues primarily foru: o:+ the eutrophication process in the lake. Thus, the use of fertilizers in the basin and drain- age to the lake are major concerns, Background All key informants felt that water quality has imr •ved substantially in recent years. Most of the improvement is attributed to ':ersion of sewage treatment plant effluent out of the lake's drainage basin. Moweve-, several key infor- mants identified continued threats to the lake. Of the two threats most commonly mentioned, the use of fertilizers on lawns is perceived by a am It group as being the most severe. The second area most com- monly mentioned was inadequate standards imposed by regulatory agencies in con- trolling runoff "rom parking areas and construction site@ to the lake. Issues Identified 1. The Watershed District is too lax in issuing dredging permits. No construction dredging should be allowed. 3. The three major threats to water quality in the lake are: 1) fertil- izers on lawns, 2) hard surface runoff directly to the lake, and 3) shoreline erosion. 4. All new commercial and recreational developments need to provide for some form of treatment of runoff water from the site before it reach- es the lake. S. A long term monitoring program is needed, conducted in conjunction with the Freshwater Institute, the Watershed District and other in- volved agencies. Wot. '.ements for the Plan The contractor will: 1. Develop a plan along with Watershed District and the Fresh Water Institute to set regular monitoring water quality in the lake. 2. Rernmmend mechanisms • assuring th. .ater quality of the lake, par- ticularly if the monitoring program indicates a problem developing. 3. Review p{n•+s of Watershed District to determine if they are adequate to protect the quality of the Lake. 4. Evaluate t+•e stiff allocation necessary, if any, by the LMCO to as- sure the monit-+rin r•igram is implemented as designed. 5. nete.rmine the en" :mentn' social and economic consequences of the recommendations. Intergovermen ntal Relations Definition: This involves the relationah; a between the governmental unite on the lake and their relations .,irh other governmental units horizon- tally and vertically. Background: Considering the large number of governmental unite involved in managing the re- sources of Lake Minnetonka, it is reasonable to expect differences of opinion, differing objectives and occasional conflicts. But interviews with key infor- mants indicated several areas where improved coordination may decrease the po- tential for conflict. A range of proposals offer the potential for improved relations between manag- ing agencies. Also, an analysis of the existing patterns of intergovernaental relations would materially assist in the identification of the necessary alter- ation of existing institutional arrangements. s Identified: 1. There is overlapping authority in various lake management and shore - land management between the LMCD and the following agencies: • Individual municipalities a Minnehaha Creek Watershed District (MCWD) • Suburban Hennepin Regional Park District • Hennepin County • Metropolitan Waste Control Commission a DNR • PCA these overlapping authorities involve: • boat launch sites • regulation of lake surface use • public safety • construction and dredging in the lake • control over marinas • water quality • water quantity and lake levels • land u.rr, .,.nin +d levelopment on shorelands 2. Some stated that th 41K was ton heavy-handed in its dealings with local government. Others felt Ciat the DNR was doing -e impossible job with inadequate tools. personality cunflictq also seem to be a f ictnr. 7. Implementinq agencies too often are working with insuffici-nt infor- �natiou, which leads Lo unconvincinq statements of the need for change of policy or facilities. 4. The Watershed District and the DNR were cited as ton often ignoring or failing to inform local ;ivernmeots of their actions. Some new m, hanism for coordination is desirable. Work Elements for the Plan The contractor will: 1. Accumulate documentation on overlapping authorities. 2. Review and evaluate formal and informal communications processes to determine if improvements are possible. 3. Evaluate the need and make recommendations concerning a more formal relationship between the agencies most active in managing the lake's water surface. Institutional Arrangeents Definition: This includes the analysis of the existing structure of the LMCD, its powers and authorities and membership and how that entity re- lates to higher and lower authorities as well as the power neces- sary to adopt, implement and enforce the plan. Backgroand: The LMCD has prepared a legislative package to be presented to the next legisla- ture to make certain changes in its authority and scope of interests. The two Task Forces have recommended that this issue be investigated. Presently, the LMCD has authority over the lake surface and docks along the shoreline. That authority is shared by largely overlapping programs by the DNR. The Watershed District and the DNR have permitting authority over con- struction in the lake and developments affecting the lake. The LMCD, Water Patrol, Hennepin Parka, Metropolitan Council and ONE have all collected recre- ational use data. Presently, the municipalities have sole authority over developments on land, un- less there is construction in the water. LMCD has only the power to recommend a course of action to the local authority. Sw a municipalities have passed ordinances that duplicate, or nearly duplicate, LMr,D and Watershed District rules and regulations. Others have passed few, if any. Accordingly, there are differing levels :f protection of lake nei lake- ahnre renuurce.. Various parties hale recommended changes to the existing institutional arrange- �aents. Some increase LMCn power; others decrease it. Some decrease the power ,t the DNg; no one has suggested increasing it. A range of changes have been propvsai and ne.d consideration and evaluation. tanue9 llentitied 1. There is considerable overlap between agencies active on the lake. Rome iatormant, feel that the most appropriate regional body for an - shore iasucs is the Watershed nistrict. Fewer felt that the LMCn Ino I ha vo so.no to it it over un-shore development. 74 3. Not all of the overlap in authority is undesirable according to the 1985 Task Force and some key informants. 4. Changes in the structure of the LMCD Bo..rd have been suggested that include: • direct election of boar' memhers. • fewer members with distr.. is formed that cross community boundaries • inclusion of regional or state agencies on the board a rotate a city's representation on the board 5. Several key informants felt that the LMCD needs to be co -equal with the DNR so that the lake is managed by consensus. 6. Some informants expressed an interest in having the LMCD acquire po- lice powers to run the Water Patrol. 7. Some informants questioned LMCD's ability to speak effectively and forcibly for the municipalities on the lake. 8. Municipalities too often can thwart the stated goals of the LMCD by inaction or by action contrary to stated objectives. Work Elem-nts for the Plan The contractor will: 1. Examine the composition of the LMCD Board and make recommendations concerning its composition and operation, including as a minimum: number of members, selection of members, and agency and municipality membersnip. 2. Examine the relationship between DNR, MCWD and LMCD to evaluate the moat effective arrangement of shared powers. 3. Specify the regulatory functions that affect the lake and make recom- mendations for designating the lead agency. 4. Review the existing authority of the LMCD and evaluate the .owing alternative management structures: • LMCU in its existing role, with no significant changes in its authority or scope. • LMCD, Hennepin Parke, or some other agency operating and main- taining recreational access to the lake surface or shoreline • LMCD with planning and consistency review authority over Lake Minnetonka with other agencies operating and maintaining access to the lake. • LMCU's in its existing role but strengthened to include the ability to force is consensus on a municipality. • LMCD as an operatttg unit of government with responsibility over lake access and the Water Patel. 5. Prepare an evnluat ion of Vte environmental, social and economic ef- fects of the recommended changes, including their affect on other metropolitan taken and recreation areas. 21 Fuedieg Alternatives Definition: Funding alternatives includes mechanisms for both changing the structure of the LMCD and altering the present mechanisms for fund- ing physical improvements on the lake and lakeshore. Background: During the course of the interviews with representatives of interested govern- mental agencies, there was a general agreement that some form of new funding mechanism was necessary for the LMCD and/or paying for improving or adding rec- reational developments. Additionally, the 1985 Task Force •ecnmmended that al- ternative strategies be examined by the LMCD. However, during the inn we, not all key informants agreed that a change was necessary. Several alternative funding mechanisms were suggested. During development of the plan the existing funding mechanism needs to be evaluated in light of alternatives. Issues Identified 1. One alternative for funding boating safety is to increase the boat- ing safety fund (state) and to increase the allocation to active agencies on Lake Minnetonka. 2. LMCD could raise its fees for permits, marina fees and other develop- ,nent and commercial use fees. 7. Several key informants believe that 9 special fee for use of either metropolitan lake% or only Lake Minnetonka should be levied to off- set the cost of public access to the lake. 4. Some key informants and the 19B5 Task Force believe that the LMCb levy limit should be outside of the 14 municipality limit%. 5. The opportunity for state funding needs to be examined because it the special nature of Lake Minnetonka. 6. ' informants expressed a:: interest in examining the possible for- m, n of : special tax district for the LMCD. 7. Seve.ei key informant. cited the difficulty of adding outside funds to the Sheriff's budget; the fund% .ometia,. are not necessarily ap- plied as intended. Supplying equipment seem, to he more reliable- B. watershed District can be expected I) hay.• lays ability t) enforce and munrtnr it% pr•)grams, which ha% direct impliratien. for Lake Minuet ,nka. work f:l+a.• s for r :e Plan rn+ conc�, .r •Ili! I fRl".I - , •') 'Ic a L9M✓ ltnnof OL Yd 11(✓r1 Yn YA ippl) .) ar - �;Ir i>s, nr tr) %el e•[ed as•r ;r ,u p9. 2. r.. :. ., r .1er4/1 boat IIr.nY,. I—. far I;.. v- 'opoltten ,tat. li<en... 1..+ nwr g:,•: '.a<k t) Ilk. ;r-., - I: 4n.1y9i. of the alter Mtiae 9v chsni ws for E andln;Y:9w ......r.•m of ,n ,. Ink.'a .,I, face a% presented in the I4d1 w• '')rr, Rep.)rt. 4. Review the funding alternatives available to regional agencies, and present alternative funding mechanisms for consideration. 5. Prepare an evaluation of the environmental, social and economic ef- fects of the recommended changes, including their affect �a other metropolitan lakes and recreation areas. PREPARATION OF THE SUMMARY PLANNING DOCUMENT Work Elements for the Plan The contractor will: 1. Prepare a draft Management Plan for Lake Minnetonka including sec- tions on: Summary Recommendations Introduction The Region Resource Analysis and Use Man. ement Objectives The Tian Appendices as necessary 2. Submit the draft in 50 copies 3. Revise the Draft as necessary and produce a Final Management Plan in 250 copies. MEETING 1987 TO: James Grabek, Mayor Mark Bernhardson, City Administrator CITY w� iF(ry Orono Council Members HIT t :`• vf.M FROM: Michael P. Gaffron, Asst Planning 6 'Zoning Administrator DATE: January 29, 1987 SUBJECT: 41060 J.F. Fleischhacker, 2775 Shadywcod Read Variance (Second Review) - Resolution List of Exhibits Exhibit A - Applicant's Revised Preferred (Scheme A` Proposal With Correctee Hardcover Numbers Exhibit B - Applicant's Ai. -nate (Scheme B) Substantially Placing Deck Behind 7/ :back Line Exhibit C - Council Minute% .n. 11-10-86 Exhibit D - Memo 5 Exhibits of 11-4-86 Exhibit E - Draft Resolution Per Exhibit B Above Pertinent Facts: A -,rage 0-75' 0-75' 75-250' Setback Setback Hardcover Hardcover Encroach. Encroach. --------------------------------------------------- .-------------------------- Existing 10 s.f. (0.138) 6253 s.f. (38.1%) 0' 0' Scheme A 74 s.f. (1.08) 6322 s.f. (38.5%) 0' 5- 5-Scheme B 12 s.f. (O.lb%) 6177 s.f. (37.6%) 0' 3' Discussion: Applicant originally appeared before Planning Commisp'-„ in August 1986 proposing to r,dd a dick and stairs encroaching 20' into the 75' setback zone, 10' into the average lakeshore setback :one and comprising 3.7% hardcover in the 0-75' zone. Planning Commission tabled it, requesting applicant to revise his proposal to decrease the degree of variances needed. Applicant brought back a plan to Planning Commission in October with only a 9.5' 0-75' encroachment, no average setback e,,croachment, 2.4% hardcover in the 0-75' zone, with an insignificant increase in 75-250' hardcover. Planning Commission recommended approval of that plan. At the November 10, 1986 Council meeting, applicant was requested to investigate further plans to further decrease the variances needed, and to put the deck behind the 75' setback line if possible. Pursuant to that, applicant noted to staff the inconsistency in location �f the 75' setb::k line, which should have taken into account the 929.4' contour. He also brought in a revised scheme (Scheme B1, putting all of the deck and all but 12 s.f. of the stairs within the 75-250' zone, but he notes lie would prefer the November 10th plan (Scheme A). Zoning :'le #1060 January 29, isO Page 2 of 2 The corrected figures for Scheme A and Scheme B are shown above. Applicant suggests that perhaps a variance is not even needed if you go with scheme B. Staff feels it is because it changes the configuration of hardcover in the 75-250' zone and he is over 25%, therefore needing a variance per past Council policy. Staff notes also per prior Council discussion that this stairway is not a "required" egress from the house and is not required specifically in the building code, but is recommended as a second means of egress. Applicant correctly notes that the stairway will provide a quicker access to the lakeshore for safety purposes. Staff Reco endation: Given the corrected 75' setback line and the new numbers as shown above, staff recommends approval of Scheme B since it most adequately addressed the Council's concerns of 11/10/86. A resolution for approval of Scheme B is attached for Council's review. lit -75 ii SCNt P. f q 1 ,11- Y7.5 I r5xrss"ll,(� c"-4 kM�:,67 F�taNr 51:e v.4tle .. Bic rc- "np Z Ppn%r- e Nz.o i2ock.. ales 2.-.S, 3 IS j�s� 20 so � zroEw� IZo 'P,1Af.K'roP 2'19'1 ,vew'�rcl�. s49 �pGK BE9$ %7` G3zZ J16 ru. )i!-FrVI$C �� ��tip PwT Y�e6C OF �IGxIS,S/a�+�7t YI3.JSj+(5s�/i, �/OX: S� a Ityt 3S'75+12 •TITS Per GoTH Sep em�&VA-oF leo^tF .01r70 Npr-UNot•.. .. Deere � Ixou3� ?OSa � �-r sloe Nkut 120 M s>ccC N2� 78 6 r"7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 10, 1986 41094 NELSON CONTINUED It was moved by Mayor Butler, seconded by Councilmember Adams, to direct staff to draft a resolution conceptually approving the request subject to addressing the following issues with applicant: a) Fence type and construction b) Alternate fence heights side vs. front/rear c) Natural screening of fence from lakeshore and adjacent properties. d) Lighting. Motion, Ayes 5, Nays 0. #1000 b 41009 WILLIAM WEAR 2160 WAYZATA BOULEVARD VARIANCES RESOLUTION i2073 Councilmember Adams recommended amending the drafted resolution as follows: Conclusions, Order and Conditions: 3. Building signage must be limited to current tenant's name or logo. Findings: 3B. The existing B-1 zoning standards are not compatible w4th existing shopping center use and since 1980 have used 3-3 shopping district standards in consider signage needs of property. It was moved by Councilmember Adams, seconded by Mayor Bn1Ier, to approve Resolution 02073 as amended. Motion, Ayes 1. Nays 1. Councilmember Grabek voted nay. 11026 HILBELINX/VOGT* 160 OLD CRYSTAL BAY ROAD FINAL SUBDIVISION RESOLUTION 02074 It was moved by Councilmember Frahm, seconds Councilmember Adams, to adopt Resolution #2074 approving the Plat of Peterman Ad_,ition. Motion, Ayes 5, Nays 0. 11060 J.P. PLEISCHRACAER 2775 SHADYWOOD ROAD VARIANCE RESOLUTION City Administrator Bernhardson explained the request for expansion of an existing deck plus addition of a stairway that would extend within the 0-75' setback area. Mayor Butler noted that applicant has considerably scaled down his original proposal from 20' encroachment with 3.7% hardcover to 9.5' encroachment with 2.41 hardcover in the 0-75' lakeshore setback area. The new MINUTES OF THE REGULAR ORONO COUNCIL ME.E.TING HELD NOVEMBER 10. 1986 11060 FLEISCHRACEER CONTINUED proposal does not encroach into the average lakeshore setback. Mr. Fleischhacker was present and stated that in order to avoid blocking the windows of the living area, the plan is limited to alternatives. He noted that he planned to remove some of the plastic under the rock beds, which would decrease hardcover, even though Planning Commission did not request it. Councilmember Adams stated that he would prefer that the deck stay out of the 75' setback area. Councilmember Frahm stated that the hardship noted was the need for an access from the upper level of the home, questioning the hardship involved to allow the deck. Council questioned whether there would be anot!Ler alternative to provide access stairs withcut encroachment into the 0-75' setback area. Planning Commission member Bellows stated that the Planning Commission felt the applicant's alternative proposal showed a real effort in trying to reduce the encroachment and hardcover. After considerable discussion of alternatives, Council agreed that another alternative should be designed to remain outside the 75' lakeshore setback area. It was moved by Councilmember Adams, seconded by Councilmember Callahan, table this application for further study of alternative plans. Motion, Ayes 5, Nays 0. 11062 INGEBORG CICI 875 NAYZATA BOULEVARD VARIANCE/CONDITIONAL USE. PERMIT COMMERCIAL SITE PLAN REVIEW RESOLUTION 12075 Mr. s Mrs. Ingeborg Cici were present for this matter. City Administrator Bernhardson explained the request for a conditional use permit and variances together with a commercial site plan review for construction of a day care center on property adjacent to Highway 12 and Luce Line. The setback variances required are for the parking area in relation to street lot line and 15 fast setback from wetland for proposed road. This is the preliminary site plan review. 3 To: Mayor Butler Mark E. Bernhardson, City Administratox Orono Council Members From: Michael P. Gaffron, Assistant Planning a Zoning Administrator Date: November 4, 1986 Subject: 41060 J.F. Fleischhacker, 2775 Shadywood Road - Variance - Resolution List of Exhibits Exhibit A - Memo and Exhibits of 10/15/86 Exhibit B - Planning Commission Minutes of 10/20/86 Exhibit C - Resolution This is a recucst to construct a deck partially within the 0-75' lakeshore setback area. Applicant originally proposed a deck with a 20' encroachment in the 0-75', 10' encroachment into the average lakeshore setback, and a total 0-75' hardcover of 3.7%. The Planning Commission reviewed this in August and requested that applicant scale down his proposal. Applicant revised his plans as follows: 0-75' Setback Encroachment: 9.5' Average Setback Encroachment: None 0-75' Hardcover: 2.4% Total 75-250' Hardcover (existing 38.18): 38.2% Total Planni .ommission voted 4-0 to recommend approval of the reviseo Proposal at their October 20th meeting. Rock beds in the amount of 836 s.f. in the 75-250' zone are underlain by plastic sheeting. Planning Commission did not recommend that this be removed, hence the 38.2% hardcover figure includes the rock beds. Removal of tre plastic would leave 33.1% hardcover in the 75-250' zone. A resolution reflecting the Planning Commission recommendation is attached for your review. ORwlN4� PRoPo�gL �. 1,— 4 ei�i 4f„4 i' w d (9% t iT,w��UFSQD �(LO PO=(rL Wlr/d STAG /JOTS Chairman Kelley read Mr. Glover's letter into the record. There were no other comments from the public and the public hearing was closed. Mr. Klint asked if the Planning Commission could recommend approval contingent upon all problems being solved before the Council meeting. Chairman Kelley stated that the Planning Commission would have to review the after -the -fact conditional use permit for the stairs. It was moved by Chairman Kelley, seconded by Goetten, to table this matter until the November 17th meeting for the following reasons: 1) illegal docks serving Barr 6 Bernier properties are to be removed and not replaced next year until plat is finalyzed and building permits issued for dock structures. 2) land alteration within 75 feet of Lakeshore on Klint property must be regraded and sodded prior to the Council meeting of November Loth. 3) illegal access stairs a retaining walls may be resolved as follows: a) file after -the -fact applications with the City by October 24, 1986 deadline for November 17th Planning Commission meeting, or b) apply for building permit to remove or alter existing structures to bring into conformance with standards for access stairs on steep banks. Motion, Ayes 4, Nays 0. 11060 J.P. FLEISCHHACKER 2775 SHADYWOOD ROAD VARIANCE - SECOND REVIM Assistant Zoning Administrator Gaffron explained the revised proposal substantially reducing the magnitude of encroachment into the 75' zone for construction of a deck. Goetten commended Mr. Fleischhacker for his hard work and consideration in submitting an alternate plan. It was moved by Goetten, seconded by McDonald, to recommend approval per staff recommendation noting that Planning Commission was not concerned about the 1/4" deck board spacing because most of the deck is over a concrete surface and the entire deck has been included in the hardcover calcualtions. Motion, Ayes 4, Nays 0. 41062 INGEBORG CICI 875 WAYZATA BOULEVARD CONDITIONAL USE PERMIT/ To: Planning Commission Members From: Michael P. Gaffron, Assistant Planning 6 Zoning Administrator Date: October 15, 1986 Subject: 41060 J.F. Fleischhacker, 2775 Shadywood Road - Variance - Second Review Additional Exhibits - Revised Deck Plan - Revised Deck Plan With Staff Notations - Letter of Explanation Discussion: Mr. Fleischhacker has revi his deck plans as directed by the Planning Commission at your August meeting. Original Propcsal Revised Proposal 75' Setback Encroachment 20' 9.5' Avg. Setback Encroachment 10, 0' 0-75' Existing Hardcover (10 s.f. or 0.1%) 0-75' Proposed 276 s.f. (3.78) 177 s.f. (2.48) 75-250' Existing (6,253 s.f. or 38.1%) 75-250' Proposed 6,268 s.f. (38.1%) 6,275 s.f. (38.2%) As you can see from the numbers and the drawing provided, the magnitude of encroachment into the 75' zone has been reduced substantially. The wide dash line shows the original proposal. (Note that staff's numbers reflect the 75' setback line a little bit nearer the horse than the applicant's representation, based on the survey.) Staff Rec�wnendation: The hardcover numbers include all of the decking, hence if a variance is granted for the revised proposal, staff recommends that the variance include the decks as hardcover. Mr. Fleischhacker expressed a concern about the +S" spacing related to walking on it with spike high heels. Staff suggests he reduce the spacing to 1/4" but use more,narrower boards to maintain the maximum 12:1 board -to -space ratio, i.e. use 3" boards with 1/4" spacing, or 2" boards with 1/6" spacing (if a variance is granted for the hardcover, then the spacing won't be a factor - especially since most of the deck is over concrete patio anyway). if Planning Commission feels that the revised deck proposal is justified given the facts presented, then a recommendation for arproval would be in order, making findings supportive of the recommendation. _/ _l. i %r a` i v w a i To — R/oannIny /ss/OH Mekm/ers F��- �T. F. F/eisc%/iacker Ocit� - Oct-ob e. r //, / 9 re Sv�Jacf^ Reyves t -roi- variance '"/a 60 at A'7*76- sAadyovooa? Rd. AT�ev our 1rG�u25T was ✓ eJec�ed sj� t/1Q AVgr/sL1IBth rrrGGL Yrty we !rave beeN G9ca i.,rn r..y VaVrvV3 ways 'io svrodi {�. our deck- P/an to red✓ce i/se Qnevaa.ci tm 2h t" ijr tot1 tie 7SFf set ,bac% ion.e, TItG IPA va Y/K7/ah WAtcti apreaes most PA-"tfcA1 YtU(/Ces Ile gncvoaaLin,es.t Tro//Y„� r.�ax.�><' toff to Sff• and 4-11e o-t-ea . itlr:, 11-l.e avewye set-,Iack Zot,%e Ae s beep �-educed -l-,, /eSS -iLA, n /4/ st.-Ff• ry ve,fa-vd to /ra,,d covet we can Fele Il XX sttv47�nN Sa...e r„ir.-f 6y tl,e yvwve/ de,fs wifli a_ pavo✓S eon Sti'hte l^ad cover, 1 [7tie recen(1 (Cruna ^cd dec/sloe foI rVav .any deck wl? /es-% _k" bearal Spac,n, ard co✓Pr I /jas Hof fo be a serf<c� a xa.*,p/e.- ica// o4: 6 per tievr� hear/y IMpass r6/e�, would be enly .loo r� or less talon-L",4et- n+100149, Ts it /eyic./ fo say 64- ir wafer *°d4 aec rc.5s a 1ty awe v(J not run t/ry v9i, a + I"CeoLck to/ one Fv/rt/,ermr,e cwn yo1v t..yiaa C✓7�a7 r�/o✓/� /� e.h i)c on! r�T t4e /4dleJ alas/, o vt e n a ./eck f% "s 9 response fo a cky frees+ /Qeslaecf�✓�y, yr�� MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 18, 1986 41059 WORK CONTINUED Bellows stated that she had sympathy with the Bjork family however she failed to find a hardship involved other than financial. She feels that this property could be sold with a mother-in-law apartment. Goetten noted that the city is looking at an amendment regarding duplex use. She also noted the fact that this property 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 that this is not to be used as a rental 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 work with staff on this problem before being heard by the Council. JjOiQoJ.F. FLEISCHRACKER 72 75 SHADYNOOD ROAD VARIANCE PUBLIC HEARING 8:40 - 8:50 The Affidavit of Publication and Certificate of Mailing was noted. Mr. Fleischhacker was present for this matter. Assistant Zoning Administrator Gaffron explaing the request for hardcover, average lakeshore setback, and structure in 0-75' setback tone variances to construct a two -level deck in order to gain access from their upper floor level to the rear yard without blocking any windows. Per his memo, applicant proposes to have a non -hardcover surface underneath deck and shrubbery screens the proposed deck from the most affected neighbor. Bellows stated that she felt there were ways to construct the stairway with less enfringement in the 75' setback area. 8 MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 18, 1986 #1060 FLEISCHHACKER CONTINUED Chairman Kelley stated that he did not feel the average lakeshore setback was an iss.:;, because of the screening by shrubbery but would rather the deck be constructed to stay behind the 75' line as much as possible. Based on Planning Commission's comments, Mr. Fleischhacker would like this matter tabled so he can come up with another plan to submit at the October Planning Commission meeting. It was moved by McDonald, seconded by Hanson, to table this application until the October meeting giving applicant direction to scale the deck back as much as possible. Motion, Ayes 6, Nays 0. 61061 LARRY AND LINDA COOK 3765 WATERTOWN ROAD VARIANCE PUBLIC HEARING 8:57 - 9:05 The Affidavit of Publication and Certificate of Mailing was noted. Larry and Linda Cook were present for this matter. Assistant Zoning Administrator Gaffron explained the request for a side setback variance to allow construction of a 20'x30' horse barn to be located 10' from the east lot line. The property to the east is the Butterfield Greenhouses. Chairman Kelley asked applicant why the barn is proposed to be located near the east lot line rather than centered on the property, where an 80-90' setback from both side lot lines is possible, and asked what are the the hardships involved. Mr. Cook stated that regardless of where they place the barn a variance is requires and based on this, they would like to preserve the continuity of the property to provide room for a pasture and riding ring. They proposed a 3 stall barn. Bellows stated that this is ^n extremely difficult piece of property and very definitely a rural area and she would rather have the barn be built closer to the greenhouse property, which is a commercial use, than center it on the property. Rovegno stated that he felt it should at least comply With setback requirements for a principal structure, which is 50' from lot line. CITY OF ORONO P.O. Box 66 Crystal Bay, AN 55323 TO: J.F. Fleischhacker 2775 Shadywood Road Excelsior, MN 55331 ZONING FILE NO 1060 NOTICE OF PLANNING COMMISSION ACTION 473-7357 Date of Notice: 8/20/86 --------------------------------------- COPIES TOs TYPE OF APPLICATION: XX Variance ------------------------------._---------------------------------- DATE OF MEETING: 8/18/86 VOTE: 6 For 0 Against Planning Commission recommends the following: XX Tabled: For reasons noted below NOTES AND SPECIAL CONDITIONS: Tabled until October 20, 1986, to allow applicant time to revise proposal to eliminate or greatly reduce 0-75' encroachment. Applicant's next scheduled meeting is confirmed as: Planning Commission Monday October 20, 1986 If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. Tos Planning Commission Members Proms Michael P. Gaffron, Assistant Planning s Zoning Administrator Dates August 11, 1986 Subjects #1060 J.F. Pleischhacker, 2775 Shadywood Road - Variance - Public Hearing Zoning District - LR-lB Application - Variances for hardcover, average lakeahore setback, structure in 0-75' setback zone. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Proposed Deck Plans Exhibit P - Hardcover Calculations -e V'SCL to-,1-9L Pertinent Pactas Hardcover 0-75' existing +/- 10 s.f. or 0.1% 0-75' proposed 276 s.f. or 3.7% 75-2501 existing 6,253 s.f. or 38.11 75-250' proposed 6,268 s.f. or 38.1% (with patio removal . 6,168 s.f. or 37.5%) Encroachment into 75' setback zone - 201 Average lakeahore setback encroachment n approximately 10' Discussions Applicants wish to construct a two -level deck in their lakeahore yard in order to gain access from their upper floor level to the rear yard without blocking any windows, hence their proposed design with a stairway system mostly in the 0-75' setback zone. Please read applicant's letter of request. The structural encroachment into the 0-75' zone is about 20'. and encroachment into the average setback zone is about 10' (based on the curvature of the lake). Applicant's letter indicates the deck is proposed to have non -hardcover surfaces underneath, and recent Council decisions indicate that 2nd-story decks with 5" board opening and permeable surfaces below will not be considered as hardcover. The portion of deck which extends into the average setback area is proposed to be 31" above grade with a lattice skirt, and will surround the existing tree on the site. Staff's site inspecticn indicates that existing shrubbery somewhat screens the proposed decks from the most affected neighbor, and no substantial view encroachments will be sustained. Staff Recommendations The question here really comes down to how much of an encroachment into the 75' setback zone is justifiable. The upper deck total area is over 400 square feet. The lower deck/landing Is over 100 s.f. Any recommendation for approval or partial approval should make findings justifying the magnitude of encroachment allowed, and should define standards for the 2nd story decking if it is to be considered non -hard- cover, i.e. no future hardcover below or above deck, maximum 12s1 board width/space width ratio, minlmim spaces y'. , F 1 �. ��.�a CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) ------------"-------------------------------------------------------------- PROPERTY LOCATION Site Address z77.5' .S��CC7�u�nnd Ka*�y EX to �srov 1+& 01J/ Property Identification Number (P.I.D.) rX l- %1 -'- 0. Please check one - Is the property _ abstract or V torreDs? Please attach legal description to application if not included on required survey. APPLICANT yyF5` ti // / 0 Name ,rF.F/Pisc�i�a�lCeh Phone 447/-5024L7 H- Mailing Address Sa m OWNER Name .iti vr, .� Phone Mailing Address _ Date Property Acquired (month/year) I 401W (do not) also own the adjacent parcels of land. ----------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District k )e- I Q Present Use of Property iin /„ p c 7t�ea,W Residential Other (specify) -----------------------------------------------------------------------, DESCRIPTION OF REQUEST Estimated Construction Cost $ J5-oro.oe Describe request in detail b.,.-.... 1O c 1 :..I , c te. VARIANCES REQUIRED Lot Area Lot Width X Hardcover Setback Variances (-4Fw Front n_ Side t/ Rear) Other w/ciS�p.E 52T16AC.K . LiV6. `KSlIR . SarTi A'C-K, HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulationa:_.+'eP R r�/w �,/ rut .e a,wN DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: Jr r .. f/a, ,� •sf An e, nfJ REQUIRED SUNMITTALS 1. Completed Application Form 2. Certified Property owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (t10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. ------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay 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. Appiicant's Signature L,L-�JO/aC�(?r- Date The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verification of this request. owner's Signature Date --------------------------------------------------------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. To -Tie me,,,Aers 4� tAe �i'ru" P/n"Wrlf Cosr.s OSVOh s✓b- Reaves -I for set- back vtiriarce 1 277s' sl+ady wood Rd. F,M- J.F. Fleisc%%ac.ker / res/ef/ei. 4Nov,Y4 if may Seem ool) J'a re4vcst It/ Var/ance- w-1�,s I've /n v/ew of !JG'ali/is�eaf O'Aira..r.est 1./ie_ to//owi.-f re�reiea2�s Sorge of' ftia rat"lohale 4Ao-t" pvery-ted ✓s -1-6 Wo so, A We Aa Ve ho rXvick access to the beach -Ceom 'tl.e lake-r�®e/�e� OVs- home anJ be. cause of fAe nurh bev o7r cA,/Jveh o/ T Ic"erdy vela l'iv es flan./ny /n Elie water son.a so t a*f s'fa.rw✓ y fre», ovr deck /1 a.A absolute necessity . 2- We have ekfayesl a livi(Llav to alvaw ve ap/an ana( bare ®jpeni conJiderabl¢ dime ourselves i-e came ✓p wiil, e, a .Peck plan fAat would provirle a re..0111 nejoE.ab(e. Ah AIL S't-a.rway tkat" would hat A- r/h9e on IAe sel_.J,ack orellhen,e, 6✓t fo no ATo;/ . Zh a// other Glans aA'd t -ihat a.e cov/s/ come up wifti, tAe 5iatrway r dulo W,,end c ip"edl, in fvont" o-F w.ndews or doors and would 1e ✓n- slydfly to our nei9Aljors. %l+e otla<leaf plan�rese4d rmi by our- proposee. bviller)� /s flee iesf ✓e he.ve {ovnct tld avoids all these o,blee6ee s and All acco7hsAes tle tvrpore. A heavy yvowt{i of shrubbery a./ony t.ie pr✓perfy /,„e,canp(dcly olacvre,rs ow entire back yaral from fAe neiyl./evs property. Tn addif.en� fl+e 1st 'Cloor n� o✓v ne.9n6ovS tome ii of aforey. the same level a.r tA, Ae J'Af o-F !awes- a� our proposed fleck and tie re Fore w,,I /.o,,, c./gar vrsib/lify l. we.. tGa leaves n.e do,,,., ;h tAe �. Z^eye frees and heavy s4ev"ery make ovv Borne a/h.ett /n✓/lib1P {rem the /,p sn t6,i pro/ooJrQ a(/Iton we.la i net be ✓fts"J'AAly Fro,. A,4- PI/w"f a.,e ✓;Pw. S. Wt w.// he remov/ny t-Ae pa-6o under Elie ot.st,.._f deck t Q «Cent Oar a wal.E .✓ay . 1 .n6eJ" of fb p but ,..y Gale✓/0frehs %hdi%cafe f.{at a sx.n fi// of �i"Per l�eyr wev/.f i. lfer tAry fA t "cracks of a axq neck fA.ert% re/vc��e Aer< raves .. fl is�# le l \ 7 s I' 17 12 23", 4 lV 22 li IS ``r"x' iRD .�`•rr' K 1 I a �L\•P c : PaA of Lot }I3 20 �io� .rye 1' I \ 7\ti ��• ' /tip. 's, 4 !r. 1 / 19 ��� �ry"x �. �.!y0'4 1 ` u + 'ar fS B `�•w' `\� �.Y' 04® '8 (1,) . , - J��2 I � .O .�• o' `'=i'\.'.. Ci3�' yd� l.'�o :•:. \ �� C`�x�= o° x` fti:°j'.�\ Vj 12 ]n Ncor lot for detail of r LAKE M/NNETONKA 21-117-23-24-0005 Carlson, Paul C. 2735 Shadywood Rd. Excelsior, MN 55331 21-117-23-24-0062/63 Cook, Daviu. C. 8012 Pennsylvania Rd. Bloomington, MN 55438 21-117-23-24-0022/25 Nutt, Paul 9200 Wayzata Blvd. Minneapolis, MN 55426 21-117-23-24-0061 Thimmesh, John 3430 Florida Ave. N. Crystal, MN 55427 21-117-23-24-0028 Hoffman, David T. 2675 Pheasant Rd. Excelsior, MN 55331 21-117-23-24-0034 Dunsheath, Douglas 2740 Shadywood Rd. Excelsior, MN 55331 21-117-23-31-0003 Wilharm, George W. 2745 Shady Brood Rd. Excelsior, MN 55331 21-117-23-24-0040 Anderson, William A. 2760 Shadywood Rd. Excelsior, MN 55331 21-117-23-24-0060 Wilhelm, Burnis a Doris 2765 Shadywood Rd. Excelsior, MN 55331 21-117-23-24-00:9 Ogle, R.G. 2771 Shadywood Rd. Excelsior, MN 55331 21-117-23-24-0041 Bjorn, Ahlgren 2780 Shadywood Rd. Excelsior, MN 55331 Casey,-23-24-0054 Casey, Thomas J. J. 2785 Shadywood Rd. Excelsior, MN 55331 21-117-23-31-0002; Stein, R./Wolfenson, E. 2795 Shadywood Rd y� Excelsior, Excelsior, MN 553�'1 J 21-117-23-24-0042 Roelo£s., Ronald H. 2800 Shadywood Rd. Excelsior, MN 55331 I --�-- mo.00 ---- `I ,'•E ,X c E a T 1 0 N sa`6 ❑o 9'^r'b� VA. AV at -4 `-f0 r! UGIi1T E.naanl\ o Q I � � - .. I — I I l � I I r Lj 1 Eaae men# o .. Ua<t F Fv, Oaa. No. 477771 .SURVEY FOR: JOSEI DESCRIPTION: t F] r •l Y Tracts E and F and s'.r'.. IRON easterly 7 feet ther -"s`' � Ats No. 358, Flies of R =1-67ORY WALKOUT BUILDING NO. 2775 k '� N of Hennepin. ,.... We hereby certify that t IRON representation of a sury 'm of v �_ — — land above described an( a'""an# �� buildings, if any, there ' 9aYs9-- IWOOD DEC&A ments, If any, from or r �. ' +''•• Yi t � ��Oated this 29th day of M CA 40 11 t ]of ' l 1 by o Minnesota rA:" t9, 196I9e6 A LAKE BENCH MARK: Top of s east win Elevatio. Datur^1, I t' ` •.. hi'y� TLFC ' 4 ORONO HARDCOVER CALCULATION WOlK.SHEET.. LAKESHORE A. Existing B. Existing C. Existing hardcover D. Proposed E. Proposed F. hardcover Allowed SETBACK lot area hardcover percentage hardcover percentage hardcover ZONE in zone in zone [(BiA) x 100] in zone [(D?A) x 1001 percentage 0-75' 75-" sf Notre sf % sf % 0 �O *73y w/Ousfy17 uya,s�t, 75-250' /7S"0-0 sf 33 sf 36 Sa-ete sf s0."1e %. 25 250-500' sf sf sf 30 500-1000sf sf ��y� � �I./, ,y,�1 /s�f� ,p, 6/. `35 Directions: 5 �A F / ' • _ '� wU� le 16 " A. Existing Lot Area in Zone - includes the total square footage of dry buildable land within the specified zone. B. Existing Hardcover in Zone - includes the square footage of existing roofs, decks, sidewalks, driveways (gravel or paved) and other rain -impervious surfaces within the specified zone. C. Existing Hardcover Percentage - divide the number in B by the number in A and multiply by 100. D. Proposed Hardcover in Zone - includes the existing hardcover plus all proposed additional hardcover. E. Proposed Hardcover Percentages - divide the number in D by the number in A and multiply by 100. F. Allowed Hardcover Percentages - if the percentages in column E for any setback zone exceed the allowed percentages in column F, you should contact the Zoning Department at 473-7357 to discuss the possibilities of obtaining a variance. Generally, if a concurrent removal of existing hardcover matches the additional hardcover proposed, resulting in no net increase of hardcover in a specified zone, a variance may not be necessary. HARDCOVER CALCULATIONS 2775 Shadywood Road 0-75': Area - 7,500 s.f. - Existing Hardcover = +/-10 s.f. (patio block) = 0.1% - Proposed Additional - 266 s.f. (includes patio, deck, and stairs, does not include planters within proposed deck) _ 3.6% Total Final Hardcover 0-75' - 276 s.f. or 3.7% 75-2501: Area (gross) - 17,500 s.f. Less 2/3 of 16' x 100' access road serving 2 other properties = 17,500 - 1,067 - 16,433 s.f. net area Existing Hardcover House - 2,080 s.f. Patio/Deck = 420 s.f. Sidewalk = 120 s.f. Blacktop(5x25)+(18x105)+(7x23)+(7x25)+(1/3 of 16xl00) 2,797 s.f. Rock Beds w/Plastic = 836 s.f. +/- TOTAL Existing 75-250 - 6,253 s.f. - 38.1% To be added in 75-250' - 15 s.f. +/- (most of new deck is over existing block patio or rock bed hardcover) 6,253 + 15 - 6,268/1164 33 - 38.2% If portion of patio not under deck is removed, there is a potential for up to 100 s.f. decrease in 75-250' hardcover for a potential final 75-250' hardcover of 37.5%. Revulorj Pe+t 10-147-S(. be4Wa"G- rr 0 -lSPQpPO$k'� �D�T oNAt= I47 3h. S•,cD' p"vo;,Qo/ D noNat. W22 X.C. Re-ftVIS)OO 1-23-87 PER 929.H sT,tRrWG Po/u7-; )I-7So' Pt+.�Ios,p % i $O sL. ntblvo,.l : %7:1' p.,Y>t City of ORONO RESOLUTION OF THE CITY COUNCIL y I NO. y d T ,jal,r'J � yy�f✓ A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISION 1 i 2 AND 10.55, SUBDIVISION 8 FILE #1060 WHEREAS, J. F. Fleischhacker (hereinafter "the applicant") is the owner of the property located at 2775 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: Tracts E and F and Tract G except the Northeasterly 7 feet thereof, Registered Land Survey No. 358, Files of Registrar of Title.., Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 and 2 and Section 10.55, Subdivision 8 to permit the construction of a stairway within the 0-75' lakeshore yard, constituting structure and hardcover in the 0-75' lakeshore yard where no structure and hardcover is normally allowed, and to permit construction of a deck in the 75- 2:0' lakeshore setback zone constituting hardcover in the 75-250' lakeshore setback zone in excess of the 25% hardcover normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 11060. 2. The property is located in the LR-1B Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 18 and October 20, 1986, and recommended approval of variances, finding that: A) The applicant's stated hardship is that there is no quick access to the beach from the upper level of the house without an outside stairway. The stairway proposed provides such an access without blocking the views from existing pictu a windows. Page 1 of 4 r< " City of ORONO RESOLUTION OF THE CITY COUNCIL • NO. B) The concrete patio existing under the deck and stairway area is proposed to be removed except for a walkway. The applicant proposes to use very narrow spacing between the deck boards for safety purposes. The deck and stairway are at a second -story level. The deck and stairway should be considered as hardcover. C) The deck and stairway will be partially screened from the lake by existing shrubbery. 9. The City Council reviewed the application on November 10, 1986 and tabled the application requesting applicant to reduce the extent of variances needed. 5. The applicant subsequently submitted the proposal attached as Exhibit A to this resolution. The Council finds that the variances requested in order to construct the deck and stairway per Exhibit A are justified per the findings of the Planning Commissiun as noted herein. 6. The City Council has considered this application including the finainge and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 7. The City Council finds that the conditions existing on this property are peculiar to 1t and do not appl' generally to other property in this zoning district; that g:4 ing the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. COMC USIOWS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a vas_:nce to the Municipal Zoning Code Section 10.22, Subdivision 1 and 2 and Section 10.55, Subdivision 8 to permit the construction of a deck and stairway constituting 0.16% hardcover in the 0-75' Lakeshore setback zone, constituting 37.6% hardcover in the 75-250' lakeshore setback zone, constituting a 3' structural encroach- ment into the 0-75' lakeshore setback requirement, subject to the following conditions: Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL • NO. aximum Allowed hardcover on the property shall be as follows: 0-75' Setback Zone: 12 s.f. (0.168) (consisting of deck and stairway) 75-250' Setback Zone: 6.177 s.f. (37.6%) consisting of the following: House 2,080 s.f. Sidewalk 120 s.f. Blacktop Driveway 2,797 s.f. Rock Beds w/Plastic 758 s.f. Deck and Stairway 422 s.f. 6,177 s.f. The applicant is advised that any further proposals resulting in an increase of hardcover will not be approved, and might be approved only with concurrent removals of existing hardcover resulting in no net increase in hardcover on the property. 2. The maximum allowed encroachment toward the lake is 3.0 feet as proposed per Exhibit A attached. 3. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (February 9, 1988). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and 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 9th day of February, 1987. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner • Page 3 of 4 I C, f ,i� MEETING To: James Grabek, Mayor fC3 3 487 Mark E. Bernhardson, City Administrator Orono Council Members UiY OF ORONO From: Jeanne A. Mabusth, Zoning Administrator Date: February 2, 1987 Subject: 41096 John Vogt and Mike Hilbelink, 95/175 Watertown Road - Subdivision - Public Hearing Application - Subdivision - Class III - Plat of 6 lots served by new private road designated as outlet. Zoning District - RR-1B Total Acreage - 14.86 dry contiguous acres Density Ratio - 1 unit per 2.25 acres List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Easement/Covenant for Private Road Exhibit E - Drainage Sketch Exhibit F - Applicant's Letter of 1/28/87 Exhibit G - Engineer's Report Exhibit H - Temporary Construction asement Exhibit I - Preliminary Plat The subdivision involves the replat of Lots 2 and 3, Peterman Addition, approval date by the City 11/10/86. The new proposal involves the creation of 4 additional lots with total development at 6 lots. Each lot satisfies the area and width standards. There are no existing structures on the property. In creating the private road, a variance to the required public road frontage for each lot must be granted. The City will require that all accesses be via the private road with no direct access for Lot 1 on Watertown Road. Gaffron reports that all lots meet the standards of the on - site septic code finding suitable area for principal and alternate septic sites on each of the proposed lots. The proposed septic designs would appear in preliminary review to also conform to required standards based on findings of percolation tests, depth of mottling and ground elevations. In the City Engineer's report, (Exhibit G), Cook calls attention to the elevations along the west lot line of the plat. He recommends that a drainage ditch be installed along the west lot lines of Lots 1 and 2 is order to prevent drainage from the development to drain into adjacent property. Cook asks that the drainage ditch be defined along Lots ' and 2 prior to lot development and that as lots to the north are developed any drainage to west be channeled to drainage ditch aluag west lot lines. He sees no need to increase the custom-iy 10 feet wide easement. zoning File #1096 February 2, 1987 Page 2 of 3 Review Exhibit F, Cook is concerned with the drainage that is channeled to the southeast corner of the Rosch property. We have inspected the site and would recommend that a drainage ditch also be installed along the edge of the right-of-way of Watertown Road up to the east side of the Rosch's driveway. The ditch along Watertown Road would be just to the north of the larce trees along the road. Cook advises that Ms. Rosch would hav• grant a temporary construction easement along the south ad, her property line to permit the installation. In addition, Engineer states that a larger sized culvert would have to be installed under the Rosch driveway. Staff has er _losed a copy of the private road easement and covenants for maintenance of the road (Exhibit D), that was executed by the applicants with the first plat. Note on page 2, first paragraph the reference to Lot 2 Hallson Estates' future use of the private road. The issue of future access was not introduced by staff. The Peterman Addition was a recent plat and the directives of the previous Council were realized. The minority opinion of one (3 to 1 vote) voted for the designation of an outlot that would extend to north boundary line of the subject property. The minority opinion felt that it is the primary role of this Commission to plan for the future. The property to the north may not be developed at current rural standards based on preliminary tests that suggest very poor soils and high water tables. If sewer is available at a distant future time, the property may very well be developed at even greater densities than the current 2 acre minimum. The minority opinion felt that the City would be remiss to not designate the access to the north with this plat since the subject property is now platted at maximum density. Staff would concur with the minority opinion. The majority of the Planning Commission recommended that the road outlot remain as proposed. Council must direct staff to incorporate the appropriate language regarding the road outlot in the enclosed resolution granting preliminary approval of the six lot plat. The applicant has submitted a letter (Exhibit F), requesting a variance to the required paved width standard for a private road that would serve 6 lots. Rc aired - 24' Proposed - 20' Zoning File #1096 February 2, 1987 Page 3 of 3 Staff would add that Section 11.33, Subdivision 4 would require a 28' paved width for plats with over 7 lots. If Lot 2 of Halson Estates is subdivided this would add at least 2 more lots bringing the total lots served by the private road to 8 lots. Staff would recommend that the 24' width be required as a minimal standard for potential use level. Please note that developers have established a unit plus carrying cost fee for a future user of the private road (exclusive of six original lots), review Exhibit D, Page 2. The Planning Commission has also recommended that the standards of your subdivision code be upheld. Planning Commission Recommendation: To recommend approval of the preliminary plat, Peterman 2nd Addition, finding all standards of the RR-lB Zoning District and On -site Septic Codes have been satisfied and to grant a variance to the requirement that all lots have frontage on a public road with the creation of a private road that will provide a single safe access for six residence lots based on the following conditions: 1. Applicant must provide engineering plans for private road based on standards of Section 11.33, Subdivisions 4 a 5 of the subdivision regulations. Road base to be completed and approved by City prior to issuance of building permits for new construction. 2. Prior to lot development, drainage ditches must be installed along west lot lines of Lots 1 and 2, from the intersection of the private road at Watertown Road along the north side of Watertown Road to Roach driveway. Installation of larger culvert under Rosch driveway based on increase and channelization of drainage to roadway. 3. Drainage plans must be approved by the City prior to installation of ditches and culvert. 4. Payment of $800.00 park fee, $200.00 per each 2 acre lot - fees already paid for 2 of the 6 lots with Peterman Addition plat. 5. Road outlot shall remain as proposed with no extension to north lot line. Staff has drafted an approval resolution subject to the Planning Commission recommendation with the exception of condition #4 that addresses the road outlot. Staff will amend the resolution upon final direction from the Council concerning the need to acquire future access to north. r " City of ORONO RESOLUTION OF THE CITY COUNCIL tt; Kt O � • 0 A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL OF A SUBDIVISION OF LOTS 2 AND 3, PBTERMAN ADDITION APPLICATION NO. 1096 WHEREAS, Michael J. Hilbelink and John Vogt (hereinafter "the applicants") filed a formal subdivision application with the City on December 5, 1986 for the platting of six lots of a property legally described as Lots 2 and 3, Block 1, Peterman Addition (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 at. seq. and the City of Orono Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on January 20, 1987, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on February 9, 1987, the Orono City Council considered the subdivision application of the applicants noting the following findings of fact: 1. The property is located within the RR-lB Single Family Rural Residential zoning district requiring a min!.num of 2 acres of dry contiguous land within each newly created lot. 2. The property has a total of 14.66 acres of dry contiguous land. 3. All six .ots shall be served by a private road for which the placement and curb cut have already been approved in a previous plat. 4. All lots met required 200 feet width adjacent to private road and at the t�u„t yard setback line. S. A single family residence can be constructed on all proposed lots without the need for further variances. 6. Septic testing has confirmed that all six lots contain adequate and suitable soils for on -site sewage disposal systems. Page 1 of 3 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. " In a previous platting of the subject property, the applicants created covenants for the maintenance of a future private road providing for the shared use of said road by certain properties to the immediate east of the road outlot at a cost of $8,000.00 plus "carrying charges" per each 2 acre lot. NOW, THEREFORE BE IT RESOLVED, that based upon either one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of John Vogt and Michael J. Hilbelink that would propose the further division of Lots 2 and 3, Block 1, Peterman Addition per plat drawings by Phillip A. Nelson dated November 19, 1986, and further grants a variance to the standard that would require all lots have frontage on a public road with the creation of a private road and per Section 6.05 of the Municipal Code, the City grants a permit to construct drainage ditches and install culverts within the public right-of-way, subject to the following conditions: 1. Applicant must provide engineering plans for the private road based on standards setforth in Section 11.33, Subdivision 4 and 5 of the subdivision regulations. Such plans must be approved by the City prior to road construction. The road base must be completed and approved by the City prior to issuance of building permits r new construction. 2. Prior to lot development, drainage ditches must be installed along the west lot lines of Lots 1 and 2 and from the intersection of the private road at Watertown road along the north side of the Watertown Road right-of-way to the Roach's driveway. Based on the channelization of drainage along roadway, the applicants must install a larger sized culvert under the existing driveway. 3. Drainage plans (2 feet deep ditches and adequately sized culvert) must be approved by the City prior to the installation of ditches and culverts. The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: Final Plat Submittals 1. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"-200'. Drewing to include: a) Lot lines platted per preliminary survey. Page 2 of 3 , ,L City of OR ONO "" „� j•.. RESOLUTION OF THE CITY COUNCIL x NO. b) Dedication of "drainage and utility easements" 10 wide along all perimeter property lines and 5' each side of internal property lines. c) Designate a 50 feet wide extension of the road outlot (A) to the northern boundary line to serve as future access to the north or omit (c). 2. LEGAL DOCUMENTS required: a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b) The applicant must provide certified copies of all recorded easements currently affecting the property. d) Executed temporary construction easement by Mrs. Roach and the applicants to be kept on file with the City. 3. FEES TO BE PAID: Total Due $1,100.00 a) Park dedication fee per current schedule: $200.00 each for Lots 1 through 4, TOTAL FEE of $800.00 b) Final plat fee - $150.00 c) Filing fee for plat and associated documents - $150.00 Adopted by the City Council of the Ci�y of Orono on this 9th day of February, 1987. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Page 3 of 3 Date R�<c'd !c 8� By i �_ Fee Rec'd CITY OF ORONO SUBDIVISION APPLICATION FORM 0 ---------------------------------- APPLICANT Name ________________________________________ a i i" �., Telephone Mai}ing`Address—:i.• - • PROPERTY Name n"r I -'.' ram.• : ,T Telephone OWNER Mailing Address //:^!�� %/ (Attach list if more than one) PROPERTY LOCATION Street Address Property Identification No. (P.I.D.) Complete Legal Description to be attached to application MISTING LAND USE Number of Tax Parcels G. Development Size LZ 4i G' Acres Dry Land Acres wet Land Acres Total, all parcels Present Use (check) Residential; no. of units _ : Other (specify) >'Nr.:•r rr>'.�L> Present Zoning District /r7-1 .. - ' -r . I I . -.'e ------------------------------------------------- PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites: Existing Units kr New Units Total Units Proposed Gross Density Units per ., 9// Acres Minimum Lot Size: % Square Feet Dry Buildable Land Proposed Use: (check) Residential Other (specify) -------------------------------------------------------------------- (OVER) • 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 (Y10) 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 __________________________________________________________________________ NTNINUM 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. 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 __________________________________________________________________________ FIM Sketch Plan Review (Class I, II 6 III) $150.00 Preliminary Review (Class I a II Subdivisions) $250.00 Preliminary Review $300.00 plus (Class III and all non-residential) 20.00/lot Findi Plat Review (Class III) $150.00* *(Plus any legal or engineering charges) ________________________________________________________.._________________ -Appl ntt is read.'Ri'F=abtlPe'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 Signs Owner's Signature Date Applicant must hale all submittals into the City offices 25 days before the Planning Commission Meeting. Planning CoOission Meetings are usually held on the third Monday of each month. r a,. P` >ry all, 11 . 's CLAIRE , pit I ADD. s 33— M W F M - W 0 ,em 1 ,2>-42— a x �• ,!x -F M ,0. •.�M 0//2 .,A RUN DATE 04/18/86 v BATCH 001 / 38 04-117-23 12 0002 \/ PROP AOOR 02645 WATERTOWN RD 0.31ER NAME W P DICKEY ETAL TAXPAYER WILLIAM P DICKEY NA:':/ADOR 2645 WATERTOWN RD LONG LAKE MN 55356 38 3-118-23 3 12 PROP AODR 00245 LD STAL BAY RD N DINER NAME AGII HE 4 ET AL WL E5T TAXPAYER THOM ALD I2 NAY.E/AODR 2 - LD CRYSTAL BA 040 MN 55356 >NAMER -118-2 4 0003 PRO OWNERRTAXNAAKE MN 553v 38 33-118-23 43 0001 PROP AOOR 02760 WATERTOWN RD OWNER NAME GRACE L ROSCH TAXPAYER MRS GRACE ROSCH NAME/AODR 2760 WATERTOWN RD LONG LAKE MN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 04-117-23 12 0005 V OICON OICON 21350 EXCELSIOR BLVD EXCELSIOR MN 55331 38 18-23 34 Goias L BAY R0 N L S STUBBS LTOON W000 STUBS LO E MN 55356 38 33-118-23 41 0008 v 02565 WOODHAVEN OR DOUGLAS L OGREN ETAL DOUGLAS L OGREN 2565 WOODHAVEN DRIVE LONG LAKE MN 55356 38 33-118-23 43 0002 00160 OLD CRYSTAL BAY R0 N keetr 1'o-TBTBRlIAl1 OA` %D w 111 LZ46;A" PFFERNAN ON410 Yfil% 160 OLD CRYSTAL BAY RD NO LONG LAKE MN 55356 REPORT NO. PI435401 PAGE I 38-118-23 31 00 0023 LO CRYS 8AY RD N S K GOLD L 0 SCHWIE S K GOLDS D SCHWIE 1017 E WATZATA WAY d MN SS39L 33-118-23 34 0 00 OLD CRY BAY RD N VERNI L' MITE VERNICE TE 115 0 YSTA RD N LO E MN 55356 38 33-118-23 42 0001 ✓ 00320 OLD CRYSTAL BAY RD N C N METER ETAL RICHAR13 0 A PATRICIA M METER 823 COPELAND RD NAPLE PLAIN MN 55359 38 33-118-23 43 0004 02640 WATERTOWN RD T P GORMAN A L T GORMAN T P A L T G02MAN 2640 WATCRTCAN RD 5 ORONO MN 55356 38 33-118-Z3 43 0005 38 33-118-23 44 0001 PROP ADOR 02620 WATERTOWN RD 02590 WATERT014N RD D:NER NAME JOHN HALLSON ROBERT F SUESS ETAL TAXPAYER JOHN T HALLSON ROBERT F SUE55 TOTAL BATC11 Cal 00014 NAME/AOOR 2056 GRAND AVE 5 2590 5 WATERTOWN RD LONG LAKE MH 55356 LONG LAKE MH 55356 1 .1j CITY OF ORONO Document Form Sept. 1979 DECLARATION OF PRIVATE ROAD EAS4MENT AND DECLARATION OF COVENANTS FOR MAINTENANCE OF SAME IC O e-.'% Ca4. L n � 2 -- Pr va a Road Name Su division Name KNOW ALL MEN BY THESE PRESENTS: WHEREAS, John E. Vogt & Michael J. Hilbelink and Lilliam B. (all fee owners) Peterman & Roger H. Peterman (hereinafter "the subdivider") is (are) the fee owner(s) of that certain parcel of real estate located in the City of Orono, County of Hennepin, State of Minnesota, legally described as follows: Peterman Addition (Subdivision Name according to the plat of that name on file and of record in the office of the County Recorder, in and for Hennepin County; and WHEREAS, the Subdivider now desires to create a non-exclusive private road easement for driveway, ingress and egress, drainage and utility purposes over and across Outlot(s) A, Block 1 Peterman Addition (hereinafter "the private road`) (Subdivision Name for the mutual benefit of Lots 2 & 3 Peterman Addition Subdivis on Name NOW, THEREFORE, in addition to any easements created by any other Declaration of Covenants, Conditions, Restrictions and Easements, the Subdivider does by this Declaration for himself (themselves), his (their) heirs, successors and assigns, hereby creates a non-exclusive easement for driveway, ingress and egress, drainage and utility purposes over and across the private road as described above for the mutual benefit of 1 of 4 Lots 2 & 3 (hereinafter "benefited lots") and future Peterman Addition X9UM)f1 t)c for the benefit of any )Dttw lots in (SU�b ivrs on Name) Peterman Addition and for the benefit of the future development (Subdivision Name of Lot 2 Hallson Estates Addition, at the cost of $8 ,000 per 2 acre lot plus carrying costs. WHEREAS, the subdivider is the sole owner of the private road and all the benefited lots except for the undersigned who are all the owners of record of the following described lots in the City of Orono, County of Hennepin: Lots 2 & 3, Block 1, Peterman Addition NOW, THEREFORE, in consideration of the receipt of One Dollar ($1.00) and the granting of the above private road easement for the benefited lots, the above owners of each benefited lot, their heirs, assigns and successors (hereinafter referred to as owners or owner) hereby covenant and agree as follows: 1. That the owners do hereby acknowledge the existence of said private road easement and the existence of the private road, which is not a publicly dedicated roadway, and that the City of Orono has no obligation to mainta'.n o_ service said private road, and that the City of Orono does not intend to acquire or open said private road as a public roadway. 2. That the owners will and o, ereby assume and agree to pay a proportionate share of the costs of me. - :ning, repairing and replacing, 1f necessary, the private road over said t. int described herein to at least a standard of quality equal to the pri, road as it was approved by the City of Orono as part of the subdivisio,, ` the adjoining land, and as may be required from time to time by the oi'inances of the City of Orono in regard to private roads. Each owner's share of such costs shall be due and payable on the date such costs for construction, maintenance or repair are due and payable to the person or entity rendering an account therefore. Each owner's share of such costs shall bear interest at a rate of eight (8) percent per annum from such due date to the date of payment. Any owner may bring action, on behalf of the non -defaulting Owners, to collect a defaulting Owner's share of such costs which are not paid when due, and shall be entitled to recover such reasonable attorney's fees as the court may allow, together with all necessary costs and disbursements incurred in connection therewith. 2 of 4 The plans, specifications and the awarding of contracts for the private road or for any alterations in the private road after construction thereof shall be approved in writing by the Owners of XX4N U XYXXVXXXW percent of the Lots. sixty (60%) The costs incurred for maintenance and repair of the private road shall be approved in writing by the Owners of XVMWXX&VXX)(W percent of the Lots. sixty (60%) No Owner may exempt himself from the liability for assessments by waiver of the use or enjoyment of any of the private road or by the abandonment of his Lot. In the event that the Owners of each Lot described herein fail to maintain, repair or replace the private road as provided for herein, it is agreed by all parties that the City of Orono may undertake to maintain, repair and replace the private road as provided for herein, and that such actions by'the City of Orono will not result in the private road's becoming a public roadway, and that each of the Owners will pay to the City of Orono the proportionate cost incurred by the City of Orono within thirty (30) days of the receipt of such charges, or else such charge shall become a lien upon each Lot at the proportion as provided for herein. Said proportionate share is v be determined by dividing the total costs of maintenance, repair or replacement, including without limitation, the cost of cleaning, snow removal, surfacing and resurfacing, by the number of Lots set forth above, adjoining the private road; and that each Owner shall become liable for said proportionate share from and after th late of this Agreement. 3. Each of the Owners of a Lot described herein hereby covenants with each of the Owners of all of the other Lots described h a, and each Owner of a lot described herein, by a--eptance of a deems erefore, whether or not it shall be so expressed i such conveyance, snail be and hereby is �,emed to covenant with t.c .hen Owners of all of the other Lots described herein, that he/sha/they shall pay promptly when due his/her/their proportionate share of the costs described in the preceding paragraph. The costs described in the preceding paragraph shall be a personal obligation of the person or persons who are the owners) of such Lot at the time when such costs were incurred, and said obligation shall not pass to his/her/their successors in title unless expressly assumed by them. 4. The private road shall be used strictly in accordance with the easements granted therefore. Except as herein ,,rovided, no Owner shall obstr or interfere whatever wi•h the riq'.s and privileges of other Owners _n t.e civate road and nothing sha., oe planted, altered, constructed upon or removed by an Owner from the rivate road. If an Owner shall violate this section, the ,emaining 0, Hers shall have the right to restore the private road to ias pri.0 ro, '_tion and assess the cost of such restoration against the Owner xho vi• ites this section and such assessment shall become due and payable Lawn the d land of any of said remaining Owners. All of the remaining Owners, or a.y of them, shall have the right and power to collect the co_' of such restorations in a legal proceedinq for that purpose. If an interferes with the rights and privileges of another Owner in th. ise of the private road, 3 4 except as herein provided, the remaining Owners, or any of them, may commence an action to enjoin such interference and the prevailing party shall be entitled to recover such reasonable atcorneyts fees as the court may allow, together with all necessary costs and disbursements incurred in connection therewith. No Owner shall obstruct or interfere with the passage of any school bus or emergency vehicle over or across said private road. Any Owner may delegate his right of enjoyment to the private road to his tenants who reside on a Lot, to the members of his family and his guests and to his invitees. 5. This covenant shall run with the land and shall be binding on and inure to the b-nefit of the parties hereto, their heirs, representatives, successors and assigns. 6. There may be no amendment to or release of the terms of this easement and declaration without the prior written cons- of the City Council or the City of Orono. IN WITNESS WHEREOF, the parties have hereto executed this easement and covenant the day and year first above 1ritten. i N STATE OF MINNESOTA ) ,�9/ ' ��"-"�— y'� "-'�T"a->✓ ec./ COUNTY OF HENNEPIN On this —4— day of , 19.QI2_, before me, a�Notary Pu is withi a f d for appeared .?s/(Ar 1M'16{ i ;t�iAtL / said County, personally ato me known to be the persons) describe n and -who executed the foregoing Declaration of Private',Road Easement and Declaration of Covenants for tjaAptenance of Same, and who acknowledged that they executed the as es is/their own free SAYLER !1J{j NOTMY�{IILIC-YMME501� ".'ell IVI�V HENNEPIN COUN7v N ta. u 6!�� Yr Gr+w..Yn l.ru J.n J .VW C. ,,. VoS+ CONSENT m5C,V,'e5_ a,,,0 A,v, A+. 14ijbt(.,k hereby consents to the filing of the foregoing Declaration of Private Road Easement and Maintenance of the Same, and agree that should it foreclose its mortgage on the roperty, or take A deed in lieu of foreclosure, it will take tit su t to said de laration 6• l4ttw� � 0 { STATE OF MINNESOTA ) ) as. COUNTY OF HENNEPIN ) On this /7 day of a:::2 CCcf� 1986 before me Nota— r—y P4� within//and for said county, personally appeared r,6g . 6 known to me to be the per'bon(s) described in angV who executed the foregoinev instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. mM.V.M.NNAVIMJ•.Vf•YN.WJ::•-ib �� y�•ii�due/ `'c2u9i 1, y .t'r. NGTr PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )sa. COUNTY OF HENNEPIN ) On this day of , 1986, before me a Notary Pu 1 c within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES tF— n A4 (� "600 \,pQ i, dy..,wK6� oN S Reo�i' drl.�n�.a Df�l. AloNi /y��✓� if\ � January 28, 198f Dear Orono Representative; We would appreciate the council considering a request to reduce the width of the road in the Vogt/Hilbelink subdivision, from 24' feet to 20' feet. The reasons are as follows: 1. There are only going to be six (6) homes in this developement, which mean there will be very limited use. 2. If in the future the property to the east is developed, there would only be an additional two more homes which would only bring the total to eight (8). 3. This will be a cul-de-sac road and not a through road as decided by the Orono council last fall of 1986, so the usage would indicate a smaller road would be sufficient. 4. A more narrow road ith proper signage would help discourage extra traffic by not being mistaken for a through road. 5. There would be less hard cover and thus more ground for w... saturation and drainage. 6. Since the road will be the responsibility fo the property owners, a smaller road would minimize our cost for snowplowing, maintenance, and upkeep. We realize that the city must set - .Aards for private roads, however, in this case we feel that a two .u]t would more than adequately service the number of homes in this deve Thank you for your strong considera, oi, matter. Sincere3y, John 'a,G aureen Vog �kP Ihd 1 4nk M Bonestroo, Rosene, Anderlik & Associates, Inc. c AIIv—II GW,1,r­kP! A4uJvn. Y! e IvvpxC lM2l.l. Y Ibnu.— l hup., I brxJ/uNA Lx,M1.YL bYNW Lpn,YL. Trunk Highway 38 Engineers & ArchitectsSt. N�tAml[. )nw.Y1 )•.., L vrvw. PL. NubnG ..Wnx M.Yl. M•..W. sY Paul, St Pa06 N 88113 . PE 612-636-4600 •. 11111A 'I ".. P. TN F LW. 11 M R•nwwI P.L. January 26, 1987 - NI N n•a.N.Yi. JAN281987 L,WULWO.YL ),WxM W WxrM..YL. L City of Orono U i P E �We. Ww .'& Box 66 Anx[Y A.b.A. It Crystal Bay, MN 55323 Al/1.1 A .,.It.It, 0 .0 NxM, A.)A. Attn: Ns. Jeanne Nabusth )""'x'L AyM. Al. I.A Lft_ Re: File No. 139-1096 MM M. Win Pe[ermen 2nd Addition a.w MrMN. Dear Jeanne, We teve reviewed the Peterman 2nd Addition site plan and would recommend that certain drainage considerations be addressed. The developer will also have to provide a plan for the street construction. The drainage way along the west line of the plat through lots 1 and 2 should be constructed at this time. There should be a 2 foot deep ditch graded through this area. The ditch along Watertown Road from the new private street to Old Crystal Bay Road should be graded at this time. This will require that an easement be acquired on the Rush property to accommodate the ditch work. The placement of a culvert under the Rush driveway will also be required. If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIR 6 ASSOCIATES, INC. Glenn R. Cook CRC:li Encl. 1743e 30 Year Anniversary Temporary Right of Entry Construction Easement RIGHT OF ENTRY AGRAEMENT TEMPORARY EASEMENT TO CONSTRUCT DRAINAGE IMPROVEMENT Drainage Project (hereinafter "Developer") and the undersigned, (hereinafter "Owners"), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration paid to Owners by the Developer, the receipt and sufficiency of which is hereby acknowledged, agreed as follows: 1. Right to Construct Drainage Ditch and Culvert. The Owners hereby grant to the Developer, its successors and assigns, the temporary right and easement over and across the real property located in Hennepin County, Minnesota legally described in Exhibit A attached hereto and located generally on the map attached hereto as Exhibit B ("Property") to use at.d occupy the Property for the purposes herein stated, including but not limited to the accomodation of equipment, tools, materials and excavated earth at all times prior to Said construction easement includes the free right of the Developer, its contractors, agents and employees to enter over, under and upon the Property at all times prior to for the purpose of installin3 drainage ditches and a culvert on lands abutting or adjacent to the Property, and includes the right with respact to the Property to excavate, fill and grade soil theron, to remove trees, bushes, grass and other structures which interfere with construction, and the right to operate machinery and equipment on and over the Property, to store machinery and equipment and materials and supplies thereon in connection with such construction of drainage improvements, and to do anything necessary or useful or convenient for the enjoyment of the easement herein granted. Following construction, the Developer will cause to be remove] all machinery, equipment, materials and supplies and leave the premises in a neat and presentable manner with all disturbed areas reseeded to grass. 2. ANreemen�t Documents. This agreement consists of this agreement, Exhibits A and B. 3. Covenant of Ownership. The Owners covenant that they are the record fee owners of the Property and have legal title thereto and have lawful right and authority, without restriction, to convey and grant the right of entry and temporary easement herein granted. IN TESTIMONY WHEREOF, the parties have hereunto set their hands this day of , 198_. Owner(s) Developers STATE OF MINNESOTA as. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 198, by and , to me known to be the persons described in, and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) as. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 198_, by and , to me known to be the persons descr bed in, and w o executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 198_, by , , and , to me known to be the persons described in, and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES This Instrument Drafted By: Popham, Haik, Schnobrich, Kaufman a Doty, Ltd. 4344 IDS Center Minnneapolis, MN 55402 5710f I Fldl DATE 01/23/87 MEMEPIN COUNTY PROPERTY INFORMATIM SYSTEM REPORT un. PI43SN1 + 1987 TAX BOOK 38 GROW DMNER MORT COOE/LOAN 0 ADDITION NAME LOT BUK PUT PARCEL PPOPERTY I.D. TAXPAYER HAME/ADDRESS ESCKOR NAME/ADDRESS ACREAGE SCN NTR SEW PROPERTY ADDRESS SH TUP RG DO SIFX METES AND DOU31S DST SHO DST GRACE L ROSCH ❑NFLATTEO 33 118 23 •.!333 0600 33-115-23 43 0001 1..15 GRACE ROSCH 009.50 278 3 2760 WATERT0WN 90 2760 WATERT0IAN RD STATUS: CURPETrt LCI:S LAKE MH 55356 CONSTRUCTION YEAR BEG LT SW CUR OF SE 114 TH H 58 360100 RODS TH E 28 78A100 RODS TH 5 TO 5 LINE OF SEC TH N TO BEG, EX ROAD ; v TAXABLE MARKET 71.800 QUALIFYING AMY 1.414.% DIVISION MA TAXABLE ASSESSO 13.604 TO SHARED ASSO DIVISION DATE P.ENTAL TAX TO AREA RATE .000 SEE 10 S IF FROJ AAT IF PROJECT NO. TAX LEVY/OESCRIPTION HMSTVPRTYP RATE AMOUNT LAND SLOG MACH OA01X BASEI BASE2 1013ASE NON-RMST CEN TAX N R 104.012 1.414.% 48.000 23,800 1 00 11.700 1.904 H13M CR 700.00 HMSTO CR AS50 12.540 TOTAL TAX 714.96 TOTAL PAID .00 ANY U:PAID 714.96 =MR MORT COOE/LOAN R ADDITION WE LOT BUY PUT PARCEL PROPERTY I.O. I-XPAYER NAME/ADDRESS ESCROW NANE/A00RE55 ACREAGE SLT WTR SEW PROPERTY ADDRESS SN TUP RG GO SUFX METES AND BOUNDS DST SNO DST LILLIAi B PETERMAN ET AL UNPLATTEO 33 RIB 23 41333 U900 33-116-Z3 43 0002 FCCER A LILLIAN PETERMAN 018.75 278 3 160 00 CRYSTAL BAY RD N 7LCO UKETO:N RD STATUS: CURRENT RACONIA T01 55387 COWMYRUCTIM YEAR N 5 41/100 CHAINS OF W 14 SI/300 CHAINS OF SW 1/4 OF SE 1/4 AND E 30 46/100 RODS OF W 14 81/100 CHAINS OF S 58 36/100 RODS OF SW 1/4 OF SE 1/4 EX ROA0S TAXABLE MARKET IZ4.500 QUALIFYING AMT 21529.82 DIVISION NO 40 to LE ASSESSO 25.910 TO SNARED ASSO DIVISION DATE GREEN ACRES BEG YR 76 _.JAL TAX TO AREA RATE .000 SEE I0 S IF FROJ AMT If PROJECT NO. TAX LEVY/UESCUPTION HMSTCPRTYP RATE AMOUNT LAND SLOG MACH UN'/. BASE1 BASE2 RORBASE RAIN-HMST —CEN TAX H RF 104.012 2,236.25 25.000 75.000 1 00 11.790 9.600 HY.STO CR 700.00 HMSTO CR ASSO 1Z.540 AS GEN TAX H F 114.01E 458.69 19.500 5.000 4410 AS CR 165.12CR GREEN ACRES H RF 25.000 75.000 1 00 MESH ACRES H F 58.900 5.000 TOTAL TAX 1,829.82 . TOTAL PAID .00 AMT UNPAID 11829.82 n+se MORT LOBE/LOAN 0 ADDITION NAME LOT BLK PUT PARCEL PROPERTY I.B. VI � 1 ,000 gl : ow, ow . use �,, �. •• ._ as A SEC 4, T 31, R. 23 34 43 C•..: ; . MEETING f c9 9 1987 To: James R. Grabek, Mayor MY dF OR000 Mark E. Bernhardson, City Administrator Orono Council Members From: Michael P. Gaffron, Asst Planning 5 Zoning Administrator Date: February 5, 1987 Subject: 11097 Van Eeckhout Building Corporation/Gary Roderick Const./ Mr. 5 Mrs. Roger Plank - 2020, 2080 Salem Court - Easement Vacation - Resolution List of Exhibits Exhibit A - Memo 5 Exhibits of 1/16/87 Exhibit B - Planning Commission Minutes of 1/20/87 Exhibit C - Planning Commission Action Notice of 1/21/87 Exhibit D - Proposed Resolution Discussion: First, please review the memo of 1/16/87 and the attached survey. Then, note that the triangular Easement, {1, is recommended by staff to be granted between the two property owners, not to the City. Also note that, although Planning Commission recommended that Easement #3 be scrapped and the actual existing electric vtility lines be relocated onto 2080 Salem Court, the City Attorney has indicated that this require- ment serves no public purpose and is not within the City's limited authority to roquire. Therefore, staff recommends only that the applicants provide documentation that an easement granted by 2020 Salem Court in favor of 2080 Salem Court has been executed. Staff Recoe ndation: Staff recommends approval of the easement vacation subject to re- dedication of the appropriate drainage and utility easement to the City over the new lot boundary, and that applicants provide documentation of the private easements over 2020 Salem Court in favor of 2080 Salem Court, per the attached resolution. City of 0 : owo RESOLD?ION OF THE CITY COUNCIL 1 4r .i NO. , A RESOLdTION VACATING A. i.,JSF,D PORTION OF A DEDICATED DRAINAGE EASEMENT AT 2020 AND 2080 SALEM COURT WITHIN THE PLAT OF DICEEY LAKE ADDITION SECTION 2--OWNSBIP 117, RANGE 23 IN THE CITY OF ORONO, MINNESOTA FILE NO. 1097 WHRREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on December 19, 1987, Van Eeckhout Buildin-poration, on behalf of Roger and Connie Plank and Gary Roderick Const. Lion, Inc. .i:ed a petition with the City of Orono requesting the vacation Lf a port4,,n of drainage and utility easements originally dedicated within the plat of Dic; ' L;. Addition, legally describe' as follows: The ea- 5.00 r at of Lot 2, Blor.A 1, DICKEY LABiJITION, ,Ccording to the recorded plat thereof, Hennepin COunl,. Minnes. ca lying northerly of the southerly 10.00 foot and southe- of the north 5.00 feet thereof. Also - The a.. -t 5.00 feet of Lot 1, Block 1, DICKEY L.-. Al 'UN lying northerly of the southerly 10.00 feet and southerly of .rth 5.00 feet thereof. WHERFPS, after due published and poste ice, a p•b-- hearing was held beforr. the City Planning Commission or `^ 7, regarding said vacati,-i and a I o.t ,ons interested were .tunity to be I eard; a.;d WHHRT aS, af".er due staa�' ng arC ._tn ithe Planning Commission recommend-' approv-' r,- the reque. �:at—n,d the Counr'i of the City of grono doss th- s+ i vacation. <..,osed, i `.n keep with the pnbl interest `n consi'srat'.on of t'-e following findings: 1. t.,, vaca. in does not affect access to or use cf any adjoining property. 2. The City has n and doe.- not intend to develop improve or use the •n: i, f de ated a aina�r and utility eaecment described ebr - 3. The portion of de. aced d nage and .. i easement as it exists serves no %c purpose. 4. '..,;, portion of dedicated drainrgn anO utility easement, as a result of a recr.nt lot lire r, itrangenent ra longer ,0incides wits the boundary be.wet.. the proportipe at 2r,20 and 206n S..lem Cou.t. .ye 1 of 7 City of OR,ONO RESOLUTION OF THE CITY COUNCIL +t NO. � 9 •_� GV NON, THEREFORE, BR IT RESOLVED, that the petition of Van Eeckhout Building Corporation, Roger and Connie Plank, and nary Roderick Construction, Inc. is hereby granted and that the portion of dedicated drainage and utility easement legally described above is hereby vacated. The yrant!.::J of the petition is subject to the following conditions: l.. Applicants shall pro, 'de documen-3tir, that the appropriate easements for drainage and uilities have bec. granted by 2020 Salem Court in favor of 2080 Salem Burt. 2, Prior to filing of this Vacation Approval Resolution with Hennepi County, the property owners of 2020 and 2080 Salem Court shall grant o the City a new drainage and utility easement 5' a?they side of the recently created mute lot boundary. Ador i .ty .ouncil of the City of Orono, Minnesota at a regular meeting h,. oruary 9, 1987. ATTEST: Dorothy M Hallin, City Clerk Je-.es R. Grabek, Mayor Page 2 of 2 To: Orono Planning Commission Members From: Michael P. Gaffron, Asst Planning 6 Zoning Administrator Date: January 16, 1987 Subject: #1097 Van Eeckhout Building Corpo: Lion/Gary Roderick Const Mr. 6 Mrs. Roger Plank - 2020, 209; Salem Court - Vacation of Drainage and Utility L_,iements- Public Hearing List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey With Legal Descriptions of Easements (to be vacated and aranted) Discussion: The applicants are property owners involved in the Van Eeckhout lot line rearrangement recently granted final approval by Council. That lot line rearrangement did not vacate easements existing along the old lot lines, and those old easements are no longer appropriate and act only as a hindrance in development of the properties. This application is to vacate those easements and provide new, appropriately located easements per the new lot lines. Please review the survey, Exhibit D. - Easement 4, to he vacated, was 51 either side of the old north -south lot line. Easement 3, to be granted between property owners, i; over the ex, .irg utility lines (electric, phone?) serving the existing house. 2020 Salem Court grants the easemer, in favor of 2080 Salem Court. - Easement (2 )is the new star4ard drain and utility casement, 5. either side of the new lot _ine, to be granted to the City by both property owners. 10 ....r ::,„c +; e r xn. a -� �yrGd�'� ' S . c . - Easement (.1is a •4;Jening of easement 2 to be granted to the City by 2020 Salem Court. This easement contains a footing drain tile leading from the house at 2080 Sa `+ Court to an outlot near the road dit^h. No changes in existing ph}vical diain,,:ewaye • , rtquire The owner of 2080 Salem Court will, of cou-se, retain the to h;.ve the utilities moved onto his property at his own expense if he wishes. Commencementof construction of a new residence at 2020 Salem Court, to be located just northeast of easement 43, is anticipated shortly. Staff Recommendation: Staff recommends approval of the vacation of easement 4 under the condition that easements ) and 2 be granted to City and upon documentation that easement 3 has been granted by 202.: to 2080 Salem Court. =-try++-nve--rr ►- i • _ S'tf^T141 i 827 / II i n 3,,976 D CKEY LAKE z46zz ''1n. - � Cs a^ \ Ar • h ADD/SON � i � \ ` 1 -� I tF1• \ 3Jal/ .. p52/w.4B'.... 67458 V�:1. 30 1 v (:1 1 Y (.41 3 0 1030 200 J RUN DATE 04/30/85 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT N0. PI435401 BATCH 002 OWN ERS NERS LIST PAGE 2 38 27-118-23 31 0805 38 27-118-23 33 0006 38 27-114-23 31 0010 PROP ADOR 02135 SIXTH AVE N_ 0I➢95 BROWN NOCVNER 02020 SALEM [T TAXPAYER E RICNARO C SALLTESL-E ON J Ad0A S NEIGHM- — e S IOer'1 C E L ME L VAN EECRHOUT C/ VpN �O�r -� a•" C E L SUE L VAN EECKHOUT NAME/AOOR 2135 COUNTY ROAD 6 1095 N BROWN ROAD 0NwN7A3K l 395g0 jGTpTYBty S7liTE�1DL8 �q is V/A'9 Z. ELVD LO a ME MN55356 J LONG LAKE MN 553% IIAYi' FN ' 5919✓ Lor.+(. it Vc rJ 38 27-118-23 31 1011 _ �� 318-23 33 0032 - 3B 2]-I18-23 3l 0 13 - MOP ADO4 02080 SALEM IT ynbi'1E� - - yBb4Y-'� SALEM CT _ 02135 SALEM CT --- _ TAXPINAME C E A SUE L V ECKHOUT �A QogRr/ C A�oDER�cK TARVN.YER C E L ME AN EECK"UT �-P"sNK E L SU L YW EECKNOUT SL.q avN.•a..0 E A S L V EECKNOUT F tcMprv'G TMpF mOo _rlt.i s C E t MF AN EECKHOUi Nu.E/AOOR 15500 iEA`A BLV SUITE IOIv c,•„N". 15500 A BCJ MITE I019t"'Id 15500 ZAT LV BUITE 1019 �N'+r NA A HN 55391 L..,.•G �4Ke NAT A MN 5191 IIAM• NAY A MN 5 9l L 553SG �N 553� 38 27-116-23 31 14 38 27-118-23 So 0001 38 27-118-23 34 0007 FRCP ADDW 02145 SIXTH AVE N 00925 BOON RD N 02095 SALEM CT VWNER NAME D:NIIEL G 6 RUTNy1gH1ERSW_ LTL. EyyTOLi NIFE— i Sl1E L. VAN EECKNOIi %-"- TALME/AB fll_f[P_T_[T-KTli-UTN— B MCMERSON `CYCCP com I ROFERT J L AML M EM2C UWNE/ApOR 21 A5 ATM AVE N I923 N BROW RD I 2095 SALEM COURT ' LONG IAKC NN 55356 LONG ME MN 55356 !H 55356 = 38 27-118-23 M 0008 38 27-118-23 34 00G9 SP 2]-138-23 92 0005 PROv AOOP 02055 SALEM CT 02015 SALEM CT 01.060 KNOW RD N O1 R NAME l-t-I-BRN00pl-- ROBi('T yr�G. S R L K E PERSON MORRIS J NEST ETAL tl1y-BRW1 TAXPATEF YEttC01O- �NJG MA r SCOTT R L KATHRYN E ANDERSON MLARIS J NEST • H_ME/ADOR 2G55 SALEN CO R - 12015 SALEM COURT IRAO NO MOM RD GRSHO IN 553% � LOG WE HN 55356 _ LL:G LAKE MH 55356 1 of r 38 27-118-23 4A 0006 PROP AODR 01%0 LAKEVIEW NER OT:ER NAME TAXPAYER EVELTN E i LLER NAIIElRDOR 1%0 LAKEVIEN TER LONG LAKE M 553561 38 27-118-23 42 0019 PROP ADOR 01020 BROWN ED N =I.ER NAME M A A RILBELINK TAXPAYER . MICHAEL HILLBELINK NAL:EIMOR - 1020 BROWN ROAD NO \I LEND LAKE W 55356 38 27-116-23 42 0013 01080 BROW RD N "MOM F BONER ETAL t "MOM F 60MR — 1080 N BROW RD LONG LAKE W $53% 38 27-118-23 42 0020 0I%5 COUNTRY CLUB RO PATRICIA 1KROALE 3ATWI—Cv, A 1MOWALEI COMER 3%S COUNTRY CLUB DO LAK LONG E HN 55356 38 7-118-23 42 0 14 0192 LAKEVIE*1110 HAMM BCNiN L WIFE HAROLD F R V �' 1080 D y LqW LAKE MH 55356 3B 27-118-23 43 0023 05900 BROWN RD N _M i_M REDEEMS - - - - MARK N L MARIA ROBBINS t05L-ORGMRO-LAh goo $COwrl 1CN•G LONG ME URN 553% Ft • RUN DATE M/30.1E5 HEFNEPIN COUTTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST s BATCH 002 30 27-115-23 03 0025 PROP MOF 00%O BRON RO N OWCR NAME TAXPAYER DA> B LE AL7� -iLl HAXWELL ALVORO HAME/MOR 960 BROW RO N , ✓/ • LOM LAXE W 553a6 • • • • • s TOTAL BATCH 002 00019 REPORT 140. P1415401 PAGE 3 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AM TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE dl 1NE ECOROS OF THE HENNEPIN CffWTY DEPARTMENT OF PROPERTY TAXATION. TO BEST OF MY KNONLEME AM DEL::, BT i lJr A h d f II�E�(ili�lt, iISiw lilt! i llijiill it 1=_ EaaiI E+ipEEF°EN •`I IEte` •a�F� Ii` �` iii� iir �•� cwicur sE,6ee47= O *uWOpr. 17I' N„rine, PC . ,Sielr•+ V{i Yxv.� �F D• u ..a...� l Al- 1 �. ZONING I'ILE NO. 1097 CITY OF ORGMO NOTICE OF PLANNING COMMISSION ACTION P.O. box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 1/21/87 ----------------------------------------------------------------- TO: van Eeckhout Bldg Corp. COPIES TO: Gary Roderick Const. 1935 Wayzata Blvd 770 Dickey Lake Drive Long Lake, MN 55356 Long Lake, MN 55356 Mr. 6 Mrs. Roger Plank 2080 Salem Court Long Lake, MN 55356 TYPE OF APPLICATION: XX Vacation ----------------------------------------------------------"------ DATE OF MEETING: 1/20/87 VOTE: 4 For 0 Against Plannir •nissien recommends the following: XX Approval: Subject to conditions noted below NOTES AND SPECIAL CONDITIONS: Approve vacation of Easement 44 as described in attached survey (per proposal) subject to: a) Easement R1, triangular piece, to granted by 2020 to 2080 (not to City). b) Easement #2, 5' either aide of new lot line, to be granted to City by both property owners. c) Planning Commission recommends that, instead of the easement over the existing electrical line (43), these utilities should be moved to 2080 so no easement is neeeeT Please contact Mike Gaffron to discuss this further. ------------------------------------------- ---------------------- Applicant's next scheduled meeting is confirmed as: Cou:,cil February 9, 1987 If you desire certified copies of the official Planning Commission minutes, thev are available from the City Recorder after review and approva, by the Planning Commission. j-ZD- n M&fa^) 1ptSuASS fo M1 fUNM16 Cow�w�K ILE �S ot-e j-;n +Nc- Fait 733 VWW to cATPW. ♦ PARCEL A _... we•zinyn 40 6G� 4n m F * c \ �'. �: :.. v.BeiWEeN P•ec(2cr'f\ r., `-s ----� • ve`"' "�' 'u.a , wez.':. .mlew �WP76'-'$ DIRv- ISf/NG LIT, L,ry 14NES Z � ..u.. tWz r.:'. � 't"y��,j 1ili.�'^' I �. •: Mcrn__ u z„Nn. �,SaP .;t4! +"'0'y z3w o. a w. rww. v33z MINUTP.S OF THE PLANNING COMMISSION Fill JANUARY 20, 1907 ATTENDANCE 7:30 P.M. The Orono Planning Commissi.: met on the above date with the following members present: Chairman Kelley, Bellows, Hanson, and Taylor. The following represented the City staffs Building 6 Zoning Administrator Mabusth, Assistant Planning 6 Zoning Administrator Gaffron, and City Recorder Peterson. Councilmember Peterson was also present. 01097 VAN EECKHOUT BUILDING CORPORATION/ MR. 6 ?MS. ROGER PLANK/GARY RODERICK CONSTRUCTION 2020 6 2080 Si1LEM COURT VACATION OF DRAINAGE AND UTILITY EASEMENT PUBLIC HEARING 7:30 — 7:38 The Affidavit of Publication and Certificate of Mailing was noted. Gary Roderick was present for this matter. A sistant Zoning Administrator Gaffron explained that the applicants are property owners involved in the VanEeckhout lot line rearrangement recently granted final approval by Council. That lot line rearrangement did not vacate easements existing along the old lot lines, and those old easements are no longer appropriate and act only as a hindrance in development of the properties. This application is to vacate those ease nts and provide new, approp, 3tely located easements per the new lot lines. Gaff:t- re -sewed the location of proposed easements. No one was present from the public regarding this matter and the puhllc hearing was closed. Bellows asked whether there would be a problem with access over the newly created easement. Assistant Zoning Administrator Gaffron stated access is an issue that should be ae `r-esed and resolved between the property owners. Bellows recommended that the arrangement be recorded with the deeds. Chairman Kelley felt that the utilities should be removed fr 2020 Salem Court in order to provide proper placement the house. Taylor agre,d with Chairman Kelley's recommendation. Hanson accepted Chairman Kelley's recommendation however preferred not making it a condition of approval. 1 MINUTES OP 771E PLANNING COMMISSION MEETING HELD JANUARY 20, 19137 41097 VAN EECKHOUT BLDG. CORP. CONTINUED Planning Commission felt the cost involve-�.nould be the applicant's responsibility. It was moved by Chairman Kelley, seconded by loylor, to recommend approval of the lot line rearrangement at 2020/2080 Salem Court, vacation of drainage a..d utility easement and creation of new drainage and utility easement along the property line as proposed, further with the condition that the current utilities on 2020 Salem Court serving 2080 Salem Court be relocated within the property they serve. Motion, Ayes 4, Nays 0. i1096 J. VOGT AND M. 11 ;BLT� I 95/175 WATERTOWN ROAD SUBDIVISION PUBLIC HEARING 7:45 - 8:04 The Affidavit of Publication and Certificate of Mailing was noted. 1. ke Hilbelink and John Vogt were present for this matter. Zoning Administrator Mabusth explained the proposed subdivision involves the replat of Lots 2 and 3 Peterman Addition which was approv 1 by the City 11/10/86. The new proposal involves the creation of 4 additional lots with total development at 6 lots. Each lot sati,-*ies the area and width standards. There are no exi . 9 structures on the property. She noted that drai:..y� .s an important issue in this matter. She noted that City Engineer Cook recommends tLat a drainage ditch be installed al•tng the west lot lines of Lots 1 and 2 in order to prevent drainage fr:.. east to drain into adjacent property. Cook asks the he drainage ditch be defined along Lots 1 and 2 prior to lot development and that as lots to the north are developed any drainage to went be channeled to drainage ditch along west lot lines. She noted that all the lots meet the standards and are suitable for primary and alternate on -site se -tic systems. Bill Wear stated that lie felt the entire drainage ditch should be constructed at this time Mr. Hilbelink felt that the de ..opment of t^.e lots would not affect the Arainage pattern that has existed for many years. Joe Sawchuk stated he felt he ^-ainage should be designed for the suture and carried along the entire subdivision. N /I U : ': ! MEETING To. From: Date: Fc9 9 1987 Gr: aek, Mayor U f OF ORONO i., ck E. Bernhardson, City Administrator Orono Coun,-il Members Michael P. Gaffs..:. Asst Planning s Zoning Administrator February 5, 1987 Subject: t1012 Wayzata �.ou, 200 West Wayzata Boulevard - Conditional Use Pe.. - !:eaolution Application - Maintenance dredging of golf course pond and existing ditches. List of Exhibits Exhibit A - Memo and Exhibits of 1/16/87 Exhibit B - Planning Commission Minutes of 1/20/87 Exhibit C - Planning Commission Action Notice of 1/21/87 Exhibit D - Proposed Resolution Discussion: Please review the memo and exhibits of 1/16/87. Planning Commission recommended approval per the City Enginee," s recommendations. Staff Recommendation: Staff recommends approval per the attached resolution. Ncte that since the pond is a designated wetland, to be consistent with curr.z,: practice, we are recomnending that a Conservation and Flowage Easement be granted to the City, the legal description to be provided by the applicant. Also, we are recommending that future maintenance dreding of the pond and ditches per these currant guidelines w411 not be subject to a future conditional use permit but will require tLit a grading permit b- obtained. City of ORONO F RESOLUTION OF THE CITY COUNCIL }� NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL. ZONING CODE SECTION 10.55, SUBDIVISION 8 AMD AND A CONDITIONAL USE F4R;41r PER MUNICIPAL ZONING CODE SECTION 10.03, bgBDIVISION 19 FILE floii WHEREAS, Wayzata Country Club (hereinafter "the applicant") is the owner of the property located at 200 Wayzata Boulevard located within the City of Orono (hereinafter "City") and legally described as follows: The southwest quarter of the southeast quarter of bcction 36, Township 118 North, Range 23 West of the 5th Principal Meridian, excluding roads; Also known as P.I.D. #36-118-23 43 0001 (hereinafter "property"); and WHEREAS, the applicant has made application to the City of Orono to permit the maintenance dredging of a golf course pond that is a City - designated protected wetland, requiring a variance to Zoning Code Section 10.55, Subdivision 8, and to permit the maintenance grading of existing drainage ditches on the property, both projects requiring a conditional use permit per Zoning Code Section 10.03, Subdivision 19. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS This application was reviewed as Zoning File f1012. 2. The property is located in the Rh-1.B Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this proposal on January 20, 1987 and recommended approval of the variance and conditional use permit, .finding that the projects are anticipated to have no detrimental environmental effect if the drainageways are protected by silt fence during the course of the project. No increases in rate or volume of run-off are anticipated. 4. The dredge spoils from the pond are anticipated to amount to approximately 500 cubic yards of material, which is proposed to be removed to a site on high ground in Wayzata, south of Old Long Lake Road. The spoils from the ditch excavation are expected to as;ount to approximately 2,000 cubic yards which is proposed to be filled on rough areas adjacent to the ditches to create, berm areas. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5. The pond to be maintenance -dredged was originally created many years prior to its designation as a protected wetland. The maintenance dredging is not intended to enlarge the area of the pond nor change its original character, but may provide additional sediment accumula ion value within the pond. 6. The City Council finds that the conditions existing on this pro- perty are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 7. The City Council finds that granting a conditional use permit to allow the proposed dredging and grading projects will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 to permit the maintenance dredging of a golf course pond that is a City -designated protected wetland, and a conditional use permit per Section 10.03, Subdivision 19 for maintenance grading and excavation of pond and drainage ditches, subject to the following conditions: 1. Maintenance dredging of the pond shall not alter the existing boundaries of the pond. i. Dredge spoils from the pond shall be removed from the site. 3. A silt fence shall be placed at the pond outlet during the dredging operation to trap any suspended sediments resulting from the project. 1. Ditch maintenance spoils may be placed on the site near the drainage ditches as proposed for herring/till purposes and shall be immediately seeded after placement. Pape of City of ORONO RESOLUTION OF THE CITY COUNCIL NO. �• e o 5. Applicant is advised to contact the Minnehaha Creek watershed District and is subject to any permit they may require. 6. Applicant shall grant a Flowage and Conservation Easement over the pond area, legal description to be provided by the applicant. 7. Future maintenance dredging of this specific pond and ditches will not require further conditional use permit review if performed in accordance with the terms and conditions stated herein. However, a grading/excavation permit must be obtained from the City for this current project prior to its commencement, and prior to any future maintenance excavation of the same pond and ditches. S. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a grading permit within one year of the date of Council approval, or the special coditions of this resolution will expire on that date (February 9, 1988). 9. Vi ation of or non-compliance with any of the terms and condi- tions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and rhall be punishable as a misdemeanor. 10. The u.,dersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th day of February, 1987 ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 3 of 4 To: Orono Planning Commission Members From: Michael P. Gaffron, Asst Planning 6 Zoning Administrator Date: January 16, 1987 Subject= 41012 Wayzata Country Club, 200 West Wayzata Boulevard - Conditional Use Permit - Public Hearing Continuation from 3/17/86 Application - Maintenance diadging of golf course pond (designated wetland) and existing ditches (not designated wetland). List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey of Pond to be Cleaned Exhibit E - Airphoto Noting Ditches and Pond Location Exhibit F - Planning Commission Minutes of 3/17/86 Pertinent Facts: This is a request for a conditional use permit to remove the accumulated sediments and bottom mu..k from a pond and ditches existing at the Wayzata Country Club. The pond is approximately 0.4 acres in area and was created when the golf course was built, and was designated by the City as a protected wetland in 1975. The pond sustains no emergent wetland vegetation and is acting simply as a decorative pond area and sediment/nutrient trap. It has filled in over the years and probably has about 2' of muck to be removed. The ditches to be cleaned include approximately 300 yards in length between holes 10, 11, and 12, and about 450 yards in length between holes 15 and 18. The cleaning is intended to consist of scraping the existing banks and bed and resodding to the water line. Groundskeeper, Jim Lindblad, notes that all spoils from the pond will be removed and placed on Wayzata Country Club property in the City of Wayzata. The ditch spoils will be used as fill adjacent to the ditch area and seeded immediately to create low berms. City Engineer, Glenn Cook, has reviewed the sites and recommends approval of the projects subject to spoils being immediately seeded where they are left on the site; a silt fence be provided at the pond outlet to catch silt and debris that may be stirred up during the muck removal process; and that the MCWD be contacted by applicant to determina whether they will require a separate permit. Cook noted the pond and ditches discharge to a seriep of wetlands approximately 1-1.5 miles in length before reaching Like Minnetonka, hence no detrimental environmental effect is anticipated. Staff Recommendation: Staff recommends approval per the City Engineer's recommendation. r.C.-.aoT1oN 1-z0.87 qNp Afe"V;• nit ( {N�WY .wrCo e,:o�fen+s o+NT 7o IwNTA^ a c W D L/pr'r I' O 3)5I_7 lro" AT Dpu./,:•T'l1M fb.!rc CITY OF ORONO GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 2. U6 WEST W AY Z 4�13 t, vO. WAY 2,a TA , MjVV SS39/ Property Identification Number (P.I.D.) .3(O-I) O- a 3 q3 O , Please check one - Is the property abstract or torrens? (for Conditional Use Applications on_ly) Please attach legal description to application if not included on required survey. ----------------------------------------_---------------------------------- APPLICANT Name JArAE5 LINDBLAD� GaOvuos SOWhone t4173-1.155 Mailing Address 200 W es-r WAYZA?A 6Lv0( ujAyzArH0 ft l V" SSW ---------------------------------- --------------------------------------- OWNER Name W AY zATA C O v me &'l CLV(; Phone H 9 3 - W) SS Mailing Address 100 w EST W AYZATA 6(-Vo . W A•IzATA ^,V AJ 55391 Date Property Acquired __ 1 5 (month/year) I (do) (do not) also own the iacent parcels of land. ---------------------------------- --------------------------------------- FEES =CCONDITIONAL USE PERMITS nO a $100.00 a) Residenti ces1,4 $150.00 b) Instituti a1 (church, school, etc.) $150.00 c) Duplex Cr .it/Bldg _ $250.00 d) Commerci: /Industrial Use __;$200.00 f) Land Alteration �C— Grading and filling - 101 cu. yd. or more Seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS $150.00 Commercial Site Plan Review (a consultant fees) $250.00 vacation $150.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision OTHER APPLICATIONS - CONT. $250.00 Rezoning $200.00 Appeals Other - see fee schedule ______________________________________________________________ PRESENT USE OF PROPERTY Present zoning District Present Use of Property Residential Other (specify) DESCRIPTION OF REQUEST Describe request in detail: --------------------------------------------------------------------------- UIRED SUBMITTALS 1. Completed Application Form. vk 2. Certified Property Owner:List of owners within 350' (you can obtain this list from Hennepin Co.inty Department of Finance A-603 Government Cernter 348-3271) QStamped, legal sized envelopes (#10) pre -addressed to each of the names: on the above list with no r turn address. 39„��,� „H ciTr 7 4. Certificate of survey. Construction plan, if applica Is. ,OK 6. Plat Map. _________________________________ The applicant and Property Own must sign this application. Please remember that your application is of complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. p� Applicant's signature\\4 a I6c� 'J*"4440 Date OWNERS SIGNATURE "{[J The owner hereby acknowledgo.s 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 Meeting. Planning Commission Meetings are held on the third Monday of each month. \� 31 lag cm o 41 `r ATOM I Y •31 • � rr r Property Owners List Zoning File 4935 36-118-23 34 0008 36-118-23 31 0013 36-118-23 41 0014 H. Norman Nafstad Donald Wildman Clifford S. Asmhun Jr. 8200 Vincent Avenue No. 280 Wakefield Road 117 Chevy Chase Drive Minneapolis,MN 55444 Wayzata, MN 55391 Wayzata,MN 55391 36-118-23 34 0010 36-118-23 31 0014 36-118-23 41 0013 Donald 6 June Swanson Francis T. Biermeier Gene Zaske 4409 WEst 58th Street 17135 28th Avenue North 115 Chevy Chase Drive Minneapolis, MN 55424 Plymouth,MN 55447 Wayzata, MN 55391 36-118-23 34 0015 36-118-23 31 0015 36-118-23 41 0012 Jerry Alstead C. Wayne 6 Angie Leneave Waldo Nelson 440 Old Long rake Road 2725 Vagabond Lane 113 Chevy Chase Drive Wayzata, MN 53391 Minneapolis, MN 55447 Wayzata,MN 55391 36-118-23 33 0011 36-118-23 41 0021 36-118-23 41 0011 David a Jill Robers Richard G. WElls Thomas L. Curry 30 Myrtlewood Road 131 Chevy Chase Drive 111 Chevy Chase Drive Wayzata , MN 55391 Wayzata,MN 55391 Wayzata,MN 55391 36-118-23 33 0010 .' 36-118-23 41 0020 36-118-23 44 0009 Verena L. Pearson Robert a Annette Langford Gerald Androli 20 Myrtlewood 129 Chevy Chase Road 100 Ferndale Green Wayzata MN 55391 Wayzata, MN 55391 Wayzata, MN 55391 36-118-23 33 0009 36-118-23 41 0019 36-118-23 44 0010 James a Mary Matteson Jeffrey Jacobsen Charles Hulse 10 Myrtlewood Road 127 Chevy Chase Drive 95 Fernda - Green Wayzata, MN 55391 Wayzata, MN 55391 Wayzata,i,a 55391 36-118-23 31 0008/7 36-118-23 41 0018 36-118-23 44 0011 Dale K. Warner Imogene M. Rogers John a Roxanne Powers 375 Wakefield Road 125 Chevy Chase Drive 85 Ferndale Road Wayzata, MN 55391 Wayzata, MN 55391 Wayzata, MN 55391 36-118-23 31 0010 36-118-2? 41 0017 36-118-23 44 0014 John T. Thornton BradfOr4 a Janie Blankenship William Mueller 220 Wakefield Road 123 Chevy Chase Drive So. 55 Ferndale Green Wayzata, MN 55391 Wayzata,MN 55391. Wayzata, MN 55391 36-118-23 31 0011 36-118-23 41 0016 36-118-23 14 0011 William Ferril Herbert Abramson Leopold Hauser III 240 Wakefield Road 121 Chevy Chase Drive 475 North Ferndale Road Wayzata, MN 55391 Wayzata, MN 55391 Wayzata,MN 55391 36-118-23 31 0012 36-118-23 41 0015 36-118-23 14 0008 Paul Baszuki Jeffrey Wujek Ed i Marlys Cohen 250 Wakefield Road 119 Chevy Chase Drive 519 North Ferndale Rd Wayzata, MN 55391 Wayzata, MN 55391 Wayzata,MN 55391 36-118-23 13 0006 Timothy M. O'Connor 505 North Ferndale Wayzata,MN 55391 36-118-23 13 0007 Klaus P. Becker 507 North Ferndale Road Wayzata, MN 55391 Property Owners List Cont. Zoning File 4935 36-118-23 13 0009 Edward L.'Delanhanty 511 No. Ferndale Road Wayzata, MN 55391 36-118-23 24 0004 Bruce B. Dayton 990 Old Long Lake Road Wayzata, MN 55391 36-118-23 14 0007 H. Glendon Johnson 517 No. Ferndale Road Wayzata, MN 55391 36-118-23 14 0006 Andrew 6 Mary Smith 515 No. Ferndale Road Wayzata,MN 55391 36-118-23 13 0008 36-128-23 13 0001 Yvonne C. Cooke 36-118-23 24 0007 Angie B. McCourt 509 No. Ferndale Road Robert Benson Jr. 508 North MCCadden Place, Wayzata,MN 55391 430 Wakefield Road Los Angeles, CA 90004 Wayzata, MN 55391 MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 17, 1986 #1011 EXCELSIOR BAY YACHT CLUB continued Callahan stated that he felt this was not a reasonable use in that the traffic would be extreme and they have no power to police the island. Assistant Zoning Administrator Gaff ron noted that the septic site plan was realistic. Taylor stated that he felt that there were too many operation and logistical considerations to be answered before making a decision other than denial. There were no comments from the public regarding this matter and the public hearing was closed. The following are the issues that the Planning Commission felt needed to be resolved: 1) Input from Water Patrol regarding location and number of docks, impact of holiday weekends, and policing concerns. 2) Applicant to submit a commercial site plan including site plan for docks, and a specific plan for policing including after hours protection and fire protection. It was moved by Goetten, seconded by Chairman Kelley, to table this matter until the above issues are can be resolved. Motion, Ayes 6, Nay 0. ZATA COUNTRY CLUB 012 ATA BLVD. CONDITIONAL USE PERMIT PUBLIC HEARING It moved by Rovegno, seconded by Chairman Kelley, to tab'.e this matter upon staff recommendation pending additional information. Motion, Ayes 6, Nays 0. #1013 STEVE RATAINEN 3850 SHORELINE DRIVE COMMERCIAL SITE PLAN REVIEW Zoning Administrator Mabusth ex.lained the proposal for an 80' x 85' 6800 s.f.) structure for the use of furniture sales/new furniture storage. She noted that there are no problems with the setbacks, but advised Planning Commission of the drainage/retention problems within the watershed. New development must not create drainage problems for Spring Park residents to west. To: Planning Commission Prom: Michael P. Gaffron, Assis:ant Zoning Administrator Date: March, 11, 1986 Subject: #1012, Wayzata County Clu.., 200 Wayzata Blvd. -CUP The applicants have submitted a separate)eapplication at Council's direction for work in a designated wetland on the WCC property. The proposal is to dredge the muck from a wetland which was created when the golf course was built 30 years ago. City Engineer Glenn Cook has reviewed this project with Jim Lindblad, Grounds Superintendent at WCC. Glenn has requested that additional information be submitted, including a grading proposal and some surveyed cross -sections. Lindblad expects that this design work will not be completed until some time in April. He also indicated that the WCC board has long range plans to create a new pond on the 12th fairway (not a designated wetland area) and will be doing the design works on this pond concurrently. We would anticipate a review of both pond proposals later in the spring, hence staff would recommend teblin this item pending the design information requested by the City Eng neer. Note that Lindblad expects no dredging work to be commenced until the winter of '86-'87, and the fairway f12 pond perhaps even further in the future. -FOI'tn (o-O 1 RL.novL LMWRpy PCOpRI Cu w4 I.RLw\ 00l yMwR oP �M • �lf 4LR 444 0 rew•R. awPa .Ru V�l� '� � �� {•nw Row., vL,b iuR�na �' LuAnwn� � auRR{RQ (1 r^Z ieR�.Ra C per' C)-! (J IN �0 WAYl. 6 ✓D. {..aL..�i 1 .o �� MNOM� La�aw2[all1�✓�Tuiai Pi�Ntap ' Y//'� ( J 1 ��LWvwa T s • V �� op ti''�1,m2L2 iF� '' �`0���{j© ! �y�ff�✓ wi IYlasr �(.%.ev�� IoYl // \\� 1 ♦ • L.(✓T�� f (}`1I// 1 M 00 ry U oL ol JYSO I MA r TO Lj wvnr+w .waw � L^�� '.�-r.�N,..i,j•»T�.f ^ . 1 J..L i n \ a �� � •arZ 1 � ' f , \p �' r�`:.: �:�+ �•� off, ,,:� �LV ,44 , i TOPOGRAPHIC SURVEY FOR WAYZATA COUNTRY CLUB IN SECTION 36-118-21 HENNEPIN COUNTY. MINNESOTA rtySW 1•t ' v�I fj� I b /� t ♦ i y• v •,t Y Df Ar � �' Woe V� V - E.r a nB mmou. nn. v �6-A6 rokg '•1=UHB clgL nleraUcn uatw: As'�Pn+� �e Y A"O•T -0 �1 its? (ANIeAI' 7e 6C DevPA "' e G TO A/ • LING IAai, MIMY, �r... +, Arc..... ..lV ;PT.,.-e.�'� .,-o b� Bv.. e,r.•L MINUTES OF THE PLANNING COMMISSION MEETING HELD JANUARY 20, 1987 %0N1NG AMENDMENT CONTINUED Mabusth stated she would draft a formal amendment per Planning Commission's recommendations for action at their next meeting. i1012 WAYZATA COUNTRY CLUB 200 WAYZATA BO'TLEVARD CONDITIONAL USE PERMIT CONTINUATION OF PUBLIC HEARING Wayzata Country Club Groundskeeper, Jim Lindblad, was present for this matter. Assistant Zoning Administrator Gaffron explained this request for a conditional use permit to remove the accumulated sediments and bottom muck from a pond and ditches existing at the Wayzata Country Club. The ditches to be cleaned include approximately 300 yards in length between holes 10, 11, and 12, and about 450 yards in length between holes 15 and 18. The cleaning is intended to consist of scraping the existing banks and bed and resodding to the water line. It was noted that all spoils from the pond will be removed and places' on Wayzata Country Club property in the City of Wayzata; and the ditch spoils will be used as fill adjacent to the ditch area and seeded immediately to create low berms. Gaffron noted that at the original public hearing there were no comments from the public and the reason for delay of the application was due to timing and funding for the project. Mr. Lindblad stated that the purpose of the proposal is to correct a 30 year problem of silt build-up. Curt Quady asked if this woul% affect Lake Min.�etonka by creating a faster drainage. Assistant Zoning Administrator Gaffron explained that the effects would be inconsequential because the work to be done is high in the Lake Minnetonka watershed and discharge from this area travels through a major wetland system prior to reaching the lake. Be noted that City Engineer Cook recommends approval of the project subject to spoils being immediately seeded where they are left on the site. There were no other comments from the public and the public hearing was closed. It was moved by Bellows, seconded by Hanson, recommend approval per City Engineer's recommendations. Motion, Aeys 4, Nays 0. ZONING FILE NO. 1012 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 1/21/87 ----------------------------------------------------------------- TOs Wayzata Country Club COPIES TO: Attn: Jim Lindblad, Grounds Superintendent 200 West Wayzata Boulevard Wayzata, MN 55391 TYPE OF APPLICATION: XX Conditional Use Permit ---------------------------------------------"------------------- DATE OF MEETING: 1/21/87 VOTE: 4 For 0 Against Planning Cosnission recownsende the following: XX Approval: Subject to conditions noted below ROTES AND SPECIAL CONDITIONS: 1. Although spoils will go out of City, Planning Commission recommends they be seeded upon placement. 2. Re-seed/re-sod bank slopes of ditches immediately upon excavation completion. 3. Provide a silt fence at outlet of pond during pond muck removal and for an appropriate amount of time thereafter until suspended sediments have cleared. 4. Applicant advised to contact MCWD to obtain any permits which may be required (you should call them at 473-4224). Applicant's next scheduled meeting is confirmed as: Council February 9, 1987 If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. c.::;: 4.a. MEETING / Fc3 9 1987 To: Mayor Grabek, `1 y� Mark E. Bernhardson, City Administrator 4��Y OF ORONO Orono Council Members Prom: Michael P. Gaffron, Asst Planning 6 Zoning Administrator Date: February 3, 1987 Subject: 41090 Roger W. Hollander/John Hollander (Estate of Hildur P. Hollander), 200-250 Hollander Road - Preliminary Subdivision - Resolution List of Exhibits Exhibit A - Planning Commission Minutes of 1/20/87 Exhibit B - Additional Recent Exhibits 1) 1/22/87 Memo From Hennepin County Examiner of Titles 2) 1/24/87 Letter From Neighbor Weinstein 3) 1/26/87 Leter From Neighbor Hill With Photos 4) 1/27/87 Staff Notice of Planning Commission Recommendation 5) 1/30/87 Letter From Applicant's Attorney Rurik 6) 2/3/87 Letter From Neighbor Gil_.,. Exhibit C - Planning Commission/Council Minutes, Memo From Original Subdivision, July -Sept. 1978 Exhibit D - Memo and Exhibits of 1/16/87 Summary of Application: This is a request to into 2 lots. Outlot B was phase of Holly Acres, and until a future subdivision just over 4 acres of land must be resolved now. development. Sumary of Issues: subdivide Outlot B of the Holly Acres Addition originally created in 1978 along with the first was intended as an outlot on a temporary basis would be completed. Because Outlot B contains and 3 residential structures, a number of issues This is the final phase of the Holly Acres The issues indentified by staff and the Planning Commission are explained in some depth in the "Notice of Planning Commission Action" dated 1/27/87 (Exhibit B-4). To summarize these: A. There was originally a question whether the documentation for Hollander Road being privately owned and maintained was valid and includes Outlot S. The documentation was found to be sufficient and valid. B. Two conditions of the original Holly Acres Subdivision have not been met: 1) Removal of the detached garage near the road on proposed Lot 2: and 2) Removal of the direct access from proposed Lot 1 to County Road 6. The estate has agreed to fulfill these conditions prior to final plat approval. C. The estate has agreed to grant the standard drainage and utility easements and wetland easement on the plat. Zoning File 41090 February 3, 1987 Page 2 of 4 D. Septic sites, primary and alternate, have been tested and are suitable for the main residence on Lot 1 and the farm house on Lot 2. Septic testing to provide an alternate site for the requested guest house on Lot 1 has not been provided. E. Both lots meet the 2-acre minimum for a single residence. There was a question whether Lot 1 should be required to have 200' of width on County Road 6, given that it actually fronts and accesses to Hollander Road where it meets the 200' width standard. Planning Commission felt that it doesn't need the 200' at County Road 6 as long as it is not technically a "through" lot. Technically, then, a variance for lot width on the public road should be granted. F. Lot 1 is proposed to keep the existing rental house as strictly a guest house. Since Lot 1 does not have the width or area required under the guest house standards, Planning Commission recommended that it be removed. In further discussions with the City Attorney on this, the City may not have the authority to require its removal, but can limit the use to storage only (plumbing removed). (See further discussion on this below.) Also note the need for a 0.71' front setback variance for the ting farmhouse on Lot 2, and note that the existing barns on Lot 2 are oversize (non -conforming) accessory structures which may remain if not found to be hazardous; these may not be used for animal housing. Building Inspector, Tom Jacobs, is currently reviewing the condition of these barns. G. Discussion occurred on whether Lot 1 is subject to a conditional use permit for any proposed accessory structures given that it might be a "through" lot. Since technically it is not a through lot, no conditional use permit is required, however, Planning Commission felt that for locating such structures, Hollander Road is the "front" and County Road 6 is the rear, and no accessory structures should be closer than 50' to County Road 6. By the same token, accessory structures on Lot 2 should be at least 50' from both roadways and behind the front lines of the existing house (or behind the front lines of any replacement house). Further Discussion of Guest Bouse Use on Lot 1: Given the above, the sole remaining issue is what should be done with the second house on Lot 1. Per City Planner Alan Olson's memo of 7/18/78, Olson notes the original property contained 2 existinq parcels (see original plat map). He notes that the eastern parcel includes 2 existing houses (rental and farm house). He notes that the proposal shows 2 houses on proposed "Lot 5". the rental and the new Hollander residence. He notes that this should be addressed by the Planning Commission at the sketch plan stage (to be held 7/24/78). He noted that the alternatives for the second house were: Zoning File 41090 February 3, 1987 Page 3 of 4 or 1.34 or 1) Conditional use permit for guest house if lot is enlarged 2) Conditional use permit for non -conforming use 3) Relocate lot lines to create a separate parcel for the rental 4) Removal of the house prior to final approval. Minutes of 7/24/78 indicate Mrs. Hollander proposed that the existing rental house would become a guest house on her lot. The preliminary plat approval motion by Planning Commission on 9/11/78 noted in the phased development that the •remaining land" be platted into two outlots, one containing the 3 dwellings and one the remaining land southeast o' the road, ane that there will be a moratorium on all construction until they are properly divided. (emphasis added) Staff contend that this documentation prove:, that Mrs. Hollander was given fair warning that there were four alternatives in relation to the rental structure. She verbally chose the guest house use, but she did not revise her proposal in order to accommodate a third house on the property as was noted as a requirement by Olson in his list of alternatives. This leads staff to conclude that Mrs. Hollander in so doing gave up her rights to the guest house use. Staff also suggests that the alternative of a conditional use permit for continuation of the non -conforming use was never a viable alternative given that, at the time of original subdivision, there was the potential to make this a conforming use by placing the rent-1 on its cwn lot. Now, consider the following: 1. Lot 1 is proposed to contain 2.16 dry buildable acres in a 2-acre zone, and is about 250' wide at the location of the two houses. In no way can the second house meet the requirements for lot width or area. 2. If the lot area and width standards could be met, the rental house and main residence are too close to each other to have a lot line drawn between them that would still keep a 30' setback from each structure. 3. The rental house use is and has been a violation of Zoning Code Section 10.03, Subdivision 7 which allows only one principal building per lot. Continued rental use should not be allowable solely on the basis that this is an opportunity to discontinue the violation. 4. To our knowledge, the rental has never been used as a quest house; therefore, new guest house use require■ a conditional use permit approval and should be required to substantially meet the performance standards adopted for such use. Approval of such a conditional use permit under the many lot requirement variances necessary would be inconsistent with past approvals. Zoning File 01090 February 3, 1987 Page 4 of 4 5. No septic testing for an alternate septic site for the rental house has been provided. The existing system is substandard, but not failing at its last inspection in 1985. We know that some work was done to this system 3-4 years ago without permits. The extent of such work is unknown. 6. The rental house essentially meets the requirements for a storage structure. The Building Inspector has been directed to inspect the rental to determine what inside changes to the building would be required to revert this to a storage/accessory use only. Anticipated changes would include removal of all plumbing and kitchen facilities. 7. Neither the rental use nor guest house use fits into the character of this 2-acre single family rural residential neighborhood. The neighboring property owners stated they were under the impression that the barns and rental eventually had to be removed. They apparently purchased their properties relying on this, and have indicated their opinions at the Planning Commission hearing and via letters to the City. Although this was never a condition imposed by the City, the neighborhood expectation may be a valid concern. Staff Recommendation Regarding Guest Rouse Use Vequest: Staff recommends that the guest house use is inappropriate for the area and the site, that the standards for a guest house use cannot be met, and that the structure is most suited to revert to a storage/accessory structure use, subject to the Building Inspector's review. Staff Recommendation Regarding Preliminary Plat Approval: Staff would recorinend preliminary plat approval per the findings and conditions of the attached resolution. I City of ORONO RESOLUTION OF THE CITY COUNCIL A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR A PLAT AT 200-250 HOLLANDER ROAD APPLICATION NO. 1090 WHEREAS, Roger W. Hollander, personal representative of the Estate of HildurP. Hollander, on October 24, 1986 filed a formal subdivision application with the City of Orono for approval of a two -lot residential plat of property legally described as: Outlot "B", Holly Acres, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held a public hearing on November 17, 1986, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on February 9, 1987, the Orono City Council considered the subdivision application of Roger W. Hollander, noting the following findings of fact: 1. The property is located within the RR-1B Single Family Rural Residential zoning district requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 4.68 acres, of which 4.28 acres is considered dry buildable. 3. The proposed plat contains two lots each exceeding the 2.0 acre minimum lot area requirement. - 4. Proposed Lot 1 requires a variance because it does not contain the required 2004 frontage on a public roadway. This variance is justified because Lot 1 does exceed 200' in width at Hollander Road where it achieves actual access. 5. Both lots are prcoose co front on and access to the existing privately owned Hollander Road. Both lots are and shall be subject to the Declaration of Private Road Easement and Declaration for Maintenance of Same which appears as a memorial in the title of the property. Page 1 of 5 City of ORONO r r L RESOLUTION OF THE CITY COUNCIL NO. 6. Two conditions of the original Holly Acres subdivision have not been met: a) Removal of the detached garage structure on proposed Lot 2; and b) Removal of the direct driveway access from Outlot B to County Road 6. The Council finds that these two conditions must be satisfied prior to final plat approval. 7. Both Lots 1 and 2 contain primary residences with existing septic systems. Soil testing data submitted by the applicant indicates suitable alternate drainfield sites exist for the primary residence on each lot. 8. The existing residence on proposed Lot 2 is located 49.29' fro'.m the front lot lire at Hollander Road where a 50' setback is required. This variance of 0.71' will be recognized and approved in the final plat approval resolution, the hardship being that this is an existing residence and existing lot line that is not being relocated. 9. The existing barns on proposed Lot 2 are considered as accessory storage structures meeting the required 10' side setback from the proposed lot division line. These barns do not meet the setback standard for animal housing structures and shall not be used for housing animals. 10. The existing second dwelling on Lot 1 does not meet the lot area, lot width or side setback requirements for a guest house conditional use per the performance standards of Section 10.20, Subdivision 3 (G). The existing structure has not been documented as ever having been used as a guest house, hence that use is subject to a conditional use permit. The original developer of Holly Acres was made aware of these requirements during the original subdivision of Holly Acres, but failed at that time to provide the additional lot area necessary to meet those performance standards for a guest house. The proposed guest house use does not fit with the character of the surrounding single-family rural residential neighborhood. The Council finds that the guest house use is not approp-iste for this property. 11. The rental use of the second dwelling on Lot 1 is a violation of Zoning Code Section 10.03, Subdivision 7 which states that no more than one principal building shall be located on a lot. Continued use of the structure as a rental unit on proposed Lot 1 would be an intensification of the degree of violation. The rental use the second structure on Lot 1 is not an appropriate use for this single family rural residential neighborhood. 12. The appropriate use for the second structure on proposed Iot 1 is as an accessory structure. Page 2 of 5 City of ORONO K RESOLUTION OF THE CITY COUNCIL NO. 13. For Lot 1, for purposes of placement of accessory structures, the Hollander Road lot line is front, County Road 6 is rear. All accessory structures shall be located to the rear of •e extended front lines of the primary residence, shall meet the r .rd 10' side setback requirement, and shall be subject to a 50' re County Road 6) setback. 14. For Lot 2, for purposes of placement of accessory structures, a 50' setback shall be required from all lot lines abutting County Road 6 or Hollander Road, and the standard 10' setback shall be required from the lot line abutting Lot 1. Further, accessory structures shall be no closer to County Road 6 than the extended front line of the existing (or future) primary residence on Lot 2, and no closer to Hollander Road than the 50' setback line and no closer than the setback from Hollander Road of any replacement house constructed on the property in the future. 15. Lots 1 and 2 are not considered as "through" lots under the existing ordinances, and are therefore not subject to a conditional use permit for placement of accessory structures. NOW, THEREFORE BE IT RESOLVED, that based upon either one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat for Roger W. Hollander at 200-250 Hollander Road per the survey dated 10/23/86 by McCombs -Knutson Associates, Inc., subject to the following conditions: 1. Lots 1 and 2 shall access to Hollander Road. Both lots shall continue to be subject to the existing Declaration of Private Road Easement and Declaration for Maintenance of Same as filed in the title of Outlot B. 2. A 13.1' variance will be granted to the 200' lot width standard for Lot 1. A 0.71' variance._ will be granted for the 50' front setback standard for the existing house on Lot 2. .1. The existing detached garage on Lot 2 shall be removed prior to final plat approval. A demolition permit must first be obtained from the City. 4. The existing driveway access from the property directly to County Road 6 shall be removed by regrading and ditch restoration prior to final plat approval. Page 3 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. , 5. The rental use of the second house on Lot 1 shall cease upon final plat approval. The structure shall not be used as a second dwelling unit or guest house. The structure shall be converted to a non - dwelling use, and fixtures that would tend to encourage a dwelling - type use shall be removed to the satisfaction of the City within 6 months of final plat approval. Any dwelling use after that date will be considered a violation of the Zoning Code. 6. Accessory structures on Lots 1 and 2 shall be subject to the location standards described in Findings No. 12 and 13 above. The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: 1. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"-2001. Drawing to include: a) Lot lines platted per preliminary survey by McCombs -Knutson Associates, Inc. dated 10/23/86. b) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of ttie internal property line. c) Designation on the plat drawings of the existing drainage easement for the wetland on Lot 1. 2. LEGAL DOCUMENTS required: a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b) The applicant must provide certified copies of all recorded easements currently affecting the property. 3. FEES TO BE PAID: Total Due $300.00 a) Final plat fee - $150.00 c) Legal review and filing fees of $150.00. Page 4 of 5 City of ORONO . , i - RESOLUTION OF THE CITY COUNCIL • NO. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held February 9th, 1987. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Page 5 of 5 DATE: January 22, 1987 A 2 61987,1��' TO: City of Orono KNN FROM: Rick Little, Deputy Examiner of Titles "NF IOt SUBJECT: Holly Acres Easement Question Easement Document No. 1339828 1. According to our records, this easement was filed on July 250 1979 and ever since has appeared as a memorial on all Certificates for all of the lots listed as follows: Certificate of Title No. Descri lion 64— 216� Lot 1, Block 1, Ho y Acres 671214 Lot 2, Block 1, Holly Acres 609051 Lot 3, Block 1, Holly Acres 642190 Lot 4, Block 1, Holly Acres 653325 Lot 1, Block 2, Holly Acres 645422 Lot 2, Block 2, Holly Acres 671920 Lot 3, Block 2, Holly Acres 653737 Lot 4, Block 2, Holly Acres 627522 Outlot B, Holly Acres 627523 Lot 1, Block 1, Holly Acres 2nd Addition " Lot 2, Block 1, Holly Acres 2nd Addition " Lot 3, Block 1, Holly Acres 2nd Addition " Lot 4, Block 1, Holly Acres 2nd Addition 2. Any party de.,ling with the land since July 25, 1979 would have knowledge of this easement document by either actual or constructive notice because of the memorial on the Certificates. 3. 1 understand that this easement '.as been open and in use since it was filed in 1979. Any party dealing with this land would be bound to inquire as to the rights of any parties occupying the premises pursuant to the provision of the Torrents Act, Minnesota Statutes Chapter 508. to Marketing J STEVEN S. WEINSTEIN & ASSOCIATES Consultants Me.. 259 Hollander Road • Wayzata, MN 55391 • (612) 475.3199 January 24, 1987 Mayor James Grabek City of Orono PO Box 66 Crystal Pay, MN 9532.1 Dear Mayor Grabek: This is in reference to the petition of John Hollander at 250 Hollander Road to subdivide his property for the purpose of sale. I understand the Planning Commission gave tentative approval to do this at the January 20 Meeting with the condition that Mr. Hollander take down the garage and close the road from the rental property to County Road 6. We wish to stongly object to this decision on two primary issues: 1. The "Guest House" which is part of the 250 Hollander Road property Is in reality a 'Rental" house for which there is a separate mail box, a dog which runs free and paying tenants. We contend that this does not conform to the covenant and zoning laws which calls for one residential dwelling per 2 acres. Solution: 1f this is to sold as a "guest house", then the present tenants must be evicted. the private mail box taken down, and the house should be not be used for an income producing property. 2. The two barns on the adjoining lot (200 Hollander Rd) are hazardous and represent a danger to the neighborhood's small children. Solution: We would like to see the barns taken down before the approval is given to subdivide this property so nobody gets hurt in the future. Mayor Grabek, If the above two issues which we feel are very important to the future of this community are rectified, then we have no objection to the proposal fur subdivision. 1 understand lhiu prupusal will be taken up at the February 9 City Council meeting and we plan to have representatives at this meeting. Let's address these issues now so we can intelligently deal with them at the meeting Sincerely yours, L..,,-h6,t, Steven Weinstein January 26, 1987 Mayor Grabek and Councilmembers Orono City Offices P.O. Box 66 Crystal Bay, MN 55323 Dear Mayor Grabek and Councilmembers: We are writing you regarding your February 9, 1987 Council Meeting whereby the Hollander residential subdivision of property located at 200 and 250 Hollander Road will be one of the agenda items. Unless certain actions are undertaken prior to the approval of the subdivision of the Hollander property, we are strongly opposed to its passage. 1. There is a rental unit (see enclosed pictures) on the property that has been termed a guest house. It has been, and continues to be, used as a rental property. There are people living there year round. Approval of the subdivision with the use of the guest house as a rental unit would violate Orono's bylaws of more than one occupied structure on a two acre site. In addition, we believe that even if the Council passed approval of the subdivision and instructed the Hollanders to comply that the current rental unit be used as a guest house, the Hollanders would continue to use it in some fashion as a rental unit. The Council should seek a way to be satisfied on this issue. Our recommendation is that the rental unit be removed, which was the Planning Commission's staff recom- mendation when the Planning Commission held its first public hearing on this issue November 17, 1986. 2. There are several barns on the Hollander property that should be removed prior to the approval of the subdivision. They are a safety problem and a hazard to the neighborhood and our children. We were told by Mrs. Hollander at the time we purchased our home on Hollander Road that it was her intent to have the barns removed. We understand that the staff of the Planning Commission is seeking to begin a hazardous building procedure on the barns. We would hope the Council supports this action. Mayor Grabek and Councilmembers -2- January 26, 1987 3. The Hollander property needs to be cleaned up. It is more of a junk yard, especially around the farmhouse, than a residence. There are old cars, garbage, and miscellaneous junk strewn about the property. The Orono Building Inspector has been to the location several times to seek corrective action, but has had little success. The neighborhood surrounding the Hollander property is in stark contrast to this problem (see enclosed photo) Our community has had to put up with the Hollander problem for much too long. We are hopeful that the Council will remedy this problem. Thank you for your consideration. Sincerely yours, , IQ 1P'14/ Brian F. Hill Margaret E. Hill 235 Hollander Road Orono, MN 55391 N-eke( Loe kw Rc Q ST-�=:'T t 2c-Nl q1 UrT �i-- L�a rz NS cc -tic, l (-) t4T 0 Rc(rz tvs r w' Z -NG FILE NO. 1090 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 -------------------------------------- TO: Roger W. Hollander COPIES TO: 1776 DuPont Avenue South Minneapolis, MN 55403 John Hollander 200 Hollander Road Wayzata, .IN 55391 Date of Notice: 1/27/87 -------------------------- Mark A. Rurik MacXall, Crounse 6 Moore 1600 TCF Tower 121 South Eighth Street Minneapolis, MN 55402 Steven Weinstein 259 Hollander Road Wayzata, MN 55391 Brian Hill 235 Hollander Road Wayzata, MN 55391 --------------------------------------------------- TYPE OF APPLICATION: XX Subdivision --------------------------------------------------- DATE OF MEETING: 1/20/87 VOTE: 2 For 2 Against Planning Commission recommends the following: (Motion to recommend approval per points 1-14 below received a split vote.) NOTES AND SPECIAL CONDITIONS: Planning Commission included the following findings and conditions: Issue A. Road easement/maintenance. 1. Both proposed lots are to be covered by the "Declaration of Road Easement and Declaration for Maintenance of Same". If the Hennepin County Title Examiner writes an opinion that the existing documents on file are "questionably valid", City will ask for re -execution of the documents. (As of 1/26/87, Title Examiner submitted an opinion that the existing documents do cove- Outlot B and are valid.) Issue B. Items unresolved from original Holly Acres Subdivision approval. 2. The existing detached garage on Lot 2 :oust be removed prior to final plat approval.. 3. The existing access to County Road 6 court be eliminated by regrading prior to final plat approval. Zoning File #1090 Notice of Planning Commission Action January 27, 1987 Page 2 of 4 Issue C. Drainage. 4. Standard Drainage and Utility Easements shall be dedicated on the plat. 5. The existing drainage easement for wetland on Lot 1 shall be shown on the new plat. Issue D. Septic. 6. The City has reviewed and accepts the proposed primary or alternate drainfield sites for the primary residence on each of Lots 1 and 2. Issue E. Lot performance standards [10.28, Subd. 5 M I . 7. Both lots meet the 2-acre minimum lot area requirement for a single family residence. 8. Strictly interpreted, the zoning code requires that every RR-1B lot have 200' of frontage on a public street as measured at the rear of the 50' front yard, the front yard being adjacent to the public street. Lot 1 does not meet this 200' standard and therefore a variance is required. Planning Commission finds that the primary existing access for Lot 1 is (and must be) to Hollander Road, and that the de factc front of the existing primary residence faces Hollander Road, and that the lot width as measured 50' back from and parallel to the do facto front lot line at Hollander Road, exceeds the minimum 200' width. For these reasons, Planning Commission feels that no variance is necessary. (Technically, staff finds that these reasons serve as a justification to grant the necessary variance to the "200' public road frontage" requirement.) Planning Commission further recommended that if the City Attorney finds that Lot 1 is a "through lot" then Planning Commission recommendation is to require the division line be relocated so that Lot 1 does have 200' of width 50' back from County Road 6. Zoning Fire #1090 Notice of Planning Commission Action January 27, 1987 Page 3 of 4 Issue F. Performance standards for existing structures. 9. Lot 1 does not meet the code requirements for a second dwelling unit (quest house) in that, per Section 10.20, Subd. 3 (G), the guest house does not meet all regular lot requirements. Planning Commission recommends that this structure be removed within 6 months of final plat approval (subject to security in the form of a Developer's Agreement and/or Letter of Credit). 10. Existing house on Lot 2 requires a variance of 0.71 feet to the required 50'front yard setback from Hollander Road. Planning Commission recommends approval of this variance. 11. Existing barns on Lot 2 meet the 10' required setbacks for accessory storage structures, but do not meet the required setback from property lines for animal housing. The 2 barns each exceed the 1,000 square feet maximum area for accessory storage structures. Planning Commission finds per City Attorney opinion that the barns are pre-existing accessory storage structures over which the City has limited authority solely due to a subdivision process. Planning Commission declines to recommend their removal, basec on City Attorney's opinion. (The City may wish to proceed with a hazardous building action separately from the subdivision - this may or may not affect the subdivision process.) Issue G. Performance standards for future accessory structures. 12. For Lot 1, Planning Commission recommends that for purposes of placement of ace -sory structures, the Hollander Road lot line is front, c, ity Road 6 is rear. All accessory structures shall be ated to the rear of the extended front lines of the prim, residence, shall meet the standard 10' side setback req. -gent, and shall be subject to a 50' rear (County Road 6) o back. 13. For Lot 20 Planning Commission reL mmands that for purposes of placement of accessory structur. a 50' setback shall be required from all lot lines abutti,�g County Road 6 or Hollander Road, and the standard 10' setback shall be required from the lot line abutting Lot 1. Further, accessory structures shall be no closer to County Road 6 than the extended front line of the existr.ig (or future) primary residence on Lot 2, and no closer to Hollander Road than the 50' setback line for no closer than the future setback from Hollander Road oTLany new house constructed on the property). See discussion (attached) following this notice. Zoning File 11090 Notice of Planning Commission Action January 27, 1987 Page 4 of 4 14. Planning Commission recommended that, given the standards defined in Items 12 and 13, a conditional use permit for accessory structures on Lots 1 and 2 is not required, except a conditional use permit should be required for accessory structures on Lot 1 if the City Attorney's opinion is that Lot 1 is a "through lot". (Applicants attorney contends that Lot 1 can not be considered as a "through lot" nor can Lot 2 be a "corner lot") because those definitions rely on the definition of "street" which does not, as narrowly defined in the Zoning Code, include private roads. The intent of the conditional use permit requirement for "through lots" is satisfied without a conditional use permit by the conditions imposed per Items 12 and 13, hence the City's interests are satisfied even without a conditional use permit review. If a future code revision were to revise tho C+finition of "street" to include private roads, a conditional use permit review would then be required for accessory structures on Lot 1.) ---------"-----------------------------' ----------------------- Applicant's next scheduled meeting is con.irmed as: Council February 9, 1987 If you desire certified copies o- the official Pla .. ing Commission minutes, they are availab' from the City Recorder after review and approval by the Plan, -i Commission. • STAFF DISCUSSION PER ITEM 9 REGARDING RENTAL USE: Staff notes that applicant is proposing nc rental use of this structure, but wishes to keep it as a guest house. Staff notes that: a) The former use as a rental house was a non -conforming use and, if it has not been rented out for a period of 12 months, may never be rented out again. b) The City cannot approve a subdivision which creates a situation that is in conflict with the Zoning Code provisions, and cannot grant a use variance to allow two primar; residential units on a single lot. Two primary residential units would be out of character with the neighborhood. (Given a and b, staff contends that rental use is not an option.) REGARDING GUEST HOUSE USE: A conditional use permit for use of this building as a quest house has never been formally applied for. The guest house use would appear to be a new use subject to the standards of Section 10.20, Subdivision 3 (G), which it cannot meet. Staff contends that the variances to 10.20, Subdivision 3 (G) that would be required in order to grant the conditional use permit are expensive and inconsistent with approvals of other rural residential guest house conditional use permits granted by the City. REGARDING STORAGE F-RUCTURE USE: The structure does meet the standards for use as an accessory storage structure, i.e. meets 10' side/structure set- backs, meets front and rear setbacks, is behind "front line of house" based on Hollander Road being front of lot, and is less than 1,000 s.f. in area. Plumbing would have to be removed to ensure no use as a guest house or dwelling unit. wlm v +»oaso» troN [. wxao» Noa.[ coa�xeI, r. tc»NIo »IO Olxt I.O w[xt rx[[in0 tlO x[r n WOOStVw,� .xa w[W[ i [Ow6W • 'JOxxtix i. i6r0\a i t[w o[\on wuT �..,'w� w[. xo[wwx n�i T i.m...°:w[Ntax o o[oN •[[ ..r CON N m»nu J, awr[w� MACKALL, CROUNSE & MOORE LAW OFFICES 1600 T C r TOWER 121 SOVTM EIG»T» STREET MINNEAPOLIS. MINNESOTA 55402 T[\[[ ]pOp O• T [v[c0.¢w m enJ Ms. Kathleen Blatz Popham, Haik, Schnobrich, Kaufman a Doty, Ltd, 4344 IDS Center Minneapolis, Minnesota 55402 January 30, 1987 FEB - 31987 A..A. \\ luu-nag •uwr aYxOOa[ U[M-Ipppl Re: City of Orono - Hollander Subdivision Outlot B Zoning File No. 1090 Dear Ms. Blatz: We represent the estate of Hilder Hollander ("Estate") in the above -captioned matter. Attached to this letter is the Notice of Planning Commission Action with respect to the subdivi- sion application filed by Roger W. Hollander, one of the personal representatives of the Estate. The purpose of this letter is to address the legal issues raised by the attached Notice, and to give you an opportunity to review these matters pr-or the City Council meeting on February 9, 1987, With respect to Issues A through D, the Estate has no dispute with the matters addressed under those headings. Under Issue E, Item 8, I agree with the staff finding that a variance must be granted to the 200' public road frontage requirement; the variance should be granted since the City has taken the position that access to Lot 1 may only be from Hollander Road (and not County Road 6). and that Hollander Road is to be considered the front of Lot i for all purposes. Under Issue E, Item 8, the issue is raised whether Lot 1 is a "through lot" as defined under Orono, M1:In., RP--, Ordinances § 10.02(42). There are two consequences in the ins*.nt case of categorizing Lot 1 as a "through lot." The first is that a condi- tional use permit is required for construction of accessory struc- tures (see, Issue G), and the second is the lot must meet the 200' frontage requirements on both the front and back of the lot. Id. at §§ 10.03 Subd. 10; 10.02(42) and 10.75 Subd. 4(A). A "through MACKALL, CROUNSE 6 MOORE Ms. Kathleen Blatz Page 2 January 30, 1987 lot" is a lot between two "streets." Id. at 10.02(42). "Street" is defined narrowly under the City's ordinances to mean a public street, and not a private road. Id. at § 10.02(67). (Private roads are treated separately and defined as "street or road - private." Id. at § 10.02(68).) Lot 1 is between a private road and a public � street and is, therefore, not a "through lot as defined by the City's ordinances. I remind you that "[z]oning ordinances should be con- strued strictly against the City and in favor of the property owner." Frank's Nursery Sales, Inc. v. City of Roseville, 295 N.W.2d 604, 608 (Minn. 1980). As defined by the Ci ty�s ordi- nances, Lot 1 does not meet the definition of "through lot," and therefore cannot be made subject to the restrictions applicable to through lots. Since Lot 1 is not a through lot, and since it is contemplated that the front of Lot 1 shall be for all purposes Hollander Road, Lot 1 meets the frontage requirements as measured on Hollander Road, and rear lot width requirements as measured on County Road 6. No variance is necessary and the proposed lot line need not be re -drawn. Issue F deals with the non -conforming structures located on Outlot B. As we discussed in our previous telephone conversa- tion on January 19, 1987, the rule articulated by the Minnesota Court of Appeals in Odell v. City of Eagan, 348 N.W.2d 792 (Minn. App. 1984), clearly precludes the City from requiring the removal of non -conforming structures in the context of a subdivision hearing. The existing barns.nd farmhouse are non -conforming structures under the City's ordinances, and since the nature of the non-conformance of the structures will not be changed by the subdivision, the City has no authority to require the removal or alteration of those structures as a pre -requisite to granting the subdivision. Furthermore, I contend that the "guest house" lo- cater, or. Lot 1 is also a non -conforming structure (indeed, the previous City Council resolution relating to the original subdivi- sion of Holly Acres so found - see, Memorandum from Michael P. Gaffron to Mary Butler, Mayor, at. al., re: Subject No. 1090- Preliminary Subdivision -Public Hearing, dated November 11, 1986, at I. Introduction). Since the "guest house" is a non -conforming structure, it also falls under the rule of law articulated in Odell, and the City cannot require removal of the guest house as a pre -requisite to granting the subdivision. The Estate is not proposing that the guest house be retained as a rental unit, and does not seek approval of the continued use of the guest house as a rental unit. Rather, the Estate seeks to retain the guest house in its present state for use by the primary residence as a guest house. The Estate's MACKALL. CROUNSE a MOORE Ms. Kathleen Hlatz Page 3 January 30, 1987 position is that under Odell the City cannot require removal of the plumbing, or any other alteration of this non -conforming structure, and therefore, the subdivision should be granted irre- spective of the status of the guest house. If the City believes it has the authority to require a conditional use permit to be granted before the non -conforming structure can be used, it may pursue whatever enforcement mechanisms it has available after the subdivision. However, it is highly unlikely that the City could effectively deny a use permit for use of the structure as a guest house, because the various criteria articulated for granting a conditional use permit for a guest house pursuant to Orono, Minn., Rev. Ordinances § 10.20, Subd. 3(G), relate to lot dimension and set -back requirements, and not to the use itself. Since it is a non -conforming structure and has been grandfathered in, the City would be precluded from attacking the location or existence of the structure. In that posture, there would be no grounds for denial of the conditional use permit for the guest house. Note that under Issue F, Item 11, the staff a; dined to recommend that the barns be removed. As we discuss,-, I be- lieve that the Odell rule absolutely protects the barns in the context of this subdivision, and that the City has no authority to condition the granting of the subdivision on removal of the barns. The Estate therefore agrees with the staff's position on this matter. With respect to the farmt a set -back variance is not required because the farmhor non -conforming structure. The City has no authority to re( removal nor deny the subdivision due to its existence u•,c Jel). Therefore, the variance serves no function exceF' .ality. It may be opportune to grant the variance a. , however, and the Estate would certainly not object . nL..,g a variance to the 50' set -back requirement. With respect to Issue G. since Lot 1 is not a "through lot" as defined by the City's ordinances, and Lot 2 is not a "corner lot" (it is not a lot bounded by two "streets"; see dis- cussion above relating to "through lots" and C--ro, Minn., Rev. Ordinances § 10.02(35)), the City cannot reyui zonditional use permits for placement of accessory structures .a the lots in the future. With respect to Item 13, I am unclear as to the precise meaning and application of the requirement that "accessory struc- ture shall be no closer to County Road 6 than the extended front line of the existing (or future) primary residence on Lot 2," but will seek clarification from Mr. Gaffron. The Estate's positionon MACKALL, CROUNSE ek MOORE Ms. Kathleen B1atz Page 9 January 30, 1987 on the accessory structure restrictions respecting Lot 2 will be determined by the outcome of my disc,ission with Mr. Gaffron and subject to approval by the personal representatives. I will confirm with the personal representatives whether the restrictions on Lot 1 are acceptable to them. After you have had a chance to review this letter and the Notice of Planning Commission Action, please feel free to contact me with any questions you: might have. Sincerely, MACKALLA, CnROUNNSE 6 MOORE By Mark A. Rurik MAR:wpc cc: Mr. Michael P. Gaffron Mr. Roger W. Hollander Mr. John Hollander Ms. Stephanie Prem 260 Hollander Road Wayzata, Minnesota 55391 February 3, 1987 Mayor Grabek and Councilmembers Orono City Offices P.O. Box 66 Crystal Bay, MN 55323 Dear Mayor Grabek and Councilmembers: This letter concerns the issue of the Hollander property located at 200 and 250 Hollander Road scheduled for review at the February 9 meeting. The most important issue, in my opinion, is the safety of the children who live in the neighborhood. The barns and outbuildings represent a true safety hazard and should be either destroyed or reconstructed immedi- ately before a young child is seriously injured or worse. Secondly, the rental unit is a rental unit with many people willing to testify to the fact that people live in the house continuously. Finally, I certainly respect Mr. Hollander's property rights so long as they are not harmful to others; however, the general condition of the property with dilapidated buildings and strewn junk is not only a safety problem but an eyesore, inconsistent with the surrounding landscape and property. I sincerely urge you to take the necessary action to rectify these violations before letting the subdivision to proceed. Sincerely, L it Daryl Gilpin TO: Planning Commission and Council e' FROM: Alan P. Olson, Village Plannerfw� DATE: July 18, 1978 SUBJECT: #412 Subdivision Mrs. Roy Hollander, 255 Sixth Avenue North SKETCH PLAN REVIEW The applicant has two existing parcels totalling approximately 37 acres. Zoning District is RR-lB, 2 acre lot area, 200 ft. lot width. The eastern parcel contains a barn and two houses. The western parcel contains Mrs. Hollander's house. The proposal is to divide the - iperties into 15 residential lots. There is a considerable amount of wetlands on the property as shown on the sketch and our wetlands map. One of the proposed lots is noted as 1.6 acres dry and 1.1 acres wet. All other lots are at least 2 acres dry. A soil survey and individual septic testing will be necessary for proper review of the lot arrangement. The roadway is shown as a loop connection of 50 ft. right-of-way width. With this number of lots, previous approvals have required 60 ft. ROW. The access location is subject to county approval. The west access also serves existing houses and is a separate RLS tract. Ownership and other easement rights should be reviewed. Note that the existing eastern lot includes two en.+sting houses. The plan as shown places two houses on Lot 5 (the new Hollander house and an old rental house). This situation should be addressed at Sketch Plan. Alternatives Include a conditional use permit for guest house (if lot is enlarged), a conditional use permit for a non -conforming use, relocation of lot lines to provide a separate parcel or removal of the house prior to final approval. PLANNING COMMISSION MEETING - JULY 24, 1978 Mrs. Hollander and Mr. Dick Knutson, engineer, were present. Mr. Knutson had revised his maps to show Lot 3 of north block to have 2.0 dry acres, up from 1.6 dry acres shown on our 7-18-78 version. '$3 ,r Mrs. Roy Hollander N 255 Sixth Avenue North Subdivision Page 2 PLANNING COMMISSION MEETING - JULY 24, 1978 (CONT.) The current proposal is to do the division in two phases: Phase I: The west parcel to be divided into eight lots plus a remaining outlot. Phase II: The east parcel plus the Phase I outlot to be divided into the remaining seven lots to complete the total division as presented in this sketch plan. Discussion included desire for private road of 50 ft. ROW width, no direct lot access to County Road 6, a temporary cul de sac, and an easement to the City for the continuation of the proposed road through the east (Phase II) parcel. Mrs.Hollander proposed that the existing rental house be eventually included on her lot as a guest house. MEMO UPDATE - AUGUST 23, 1978 As of today all materials have been received for Preliminary plat review. Comments have been requested from the City engineer, the on -site inspector, Hennepin County Dept. of Transportation and the Hennepin Soil and .later Conservation District. A public informa-ion meeting has been scheduled for September 11, 1978. PLANNING COMMISSION MEETING - AUGUST 28, 1978 Work Session - Mrs. Hollander present. She is proposing to do the final plat in two phases. She expects to develop it with a private road and a temporary cul-de-sac. Planning Commission noted that they would require platting the road as an outlot through the entire plat at the first stage. Other staff review is pending. Mrs. Roy Hol ader 255 Sixth Avenue North Subdivision Page 3 PLANNING COMMISSION MEETING - SEPTEMBER 11, 1978 (Public Information Mtg.) Mrs. Hollander, her engineer (Jerry Hauer) and Mr, and Mrs. John Guthrie were present. The discussion included lot sizes, access, the new roadway and phasing of the development. The Planning Commission was advised of Hennepin County Highway Department's requirements including a relocation of the proposed curb cut onto Highway 6. Consequently, Mr. Hauer presented a revised plat which conforms to the County requirements. Planning Commission recommended preliminary plat approval subject to the following conditions: 1. Preliminary approval of eight (8) lots in first phase: Lots 1-4, Block 1 and Lots 1-4, Block 2. Proposed road to be platted through from east to west. Remaining land area to be platted as two outlots; one containing the existing buildings (includes three dwellings), the other outlot containing the remaining land south and east of the proposed road, said outlots to have a moratorium on all construction until they are properly divided. 2. Proposed new road to be a private road, gravel surfece, 24 ft. wide, according to the requirements of the City engineer, including upgrading of the existing west driveway as used by this division. Road either to be constructed through entire pl:t or provided with a temporary cul-de-sac at the end of the first phase lots. Subject to standard underlying road and utilities easement and roadway maintenance covenants. 3. New road curb cut location to be as permitted by Hennepin County. No direct access to County Road 6 from any block 1 lots platted at this time. Minimum County road right of way 50 ft. from centerline. 4. Septic system approval is for Lots 1-4, Block 1 and Lots 1-4, Block 2 (first phase) only with Lot 1, B1nck 2 requiring a mound system due to high water table. Additional testing required before platting of second phase lot.. 5. Flowage and Conservation Easement over all wetlands. All wetlands to be platted as ouclots or "drainage easements" on the plat. 6. Garage on Lot 7, Block 1 and all other buildings to meet all setback requirements or they must be moved or removed. 7. Park dedication fee due on all platted lots. RJ Oay>`on n°�xs• ay ��e�. �Ia40 Ac. 142 < i :v M e (3008) a m� F+ RW. Ha//ax'ei 1 ' -- 2505.04 RO.L 39.09 Oer t. CA.—. O' o - 1 2.9 •.a. - M61 R7u\ \;•\ Imo.\` _ _/„ - - - - MINUTES OF A PLANNING COMMISSION MEETING HELD ON JULY 24, 1978 PAGE 4 This item was reviewed as a Sketch 11an Review. POPOV/POISSON Both Mr. Popov and Mr Poisson were pre -ens, 4080/4010 Rayside Rd. by ally Mr. Poisson made an-, comments. 1ne SUBDIVISION PI ling Commission noted t.rt the area was not (#410) St. mO and the members had iifficulty orier. .._ ag themselves to the proposal. Major concern was the drainageway and how the access easement would affect it. Staff also stated they would need more detailed topographical data bef a the engineer could review the easement proposal and that soil testing would have to be done on the back parcel. This subdivision will also require formal platting. Staff will review the Filbraadt property before preliminary review. . A Public Information Meeting will t: scheduled for A:%,::,,, 28, 1978. This item was ieeed a a Sketch Plan Review. r/` Foy HOL;ANDER\\ Mrs. Hollander and Mr. Knutson, the engineer, 25, Sixth Ave No. 1 +ere present. They present.d a new map shciing S T-STON A Lot S as having two acres -r buildable instead of the 1.7 arras previol+s•rbmitted. The current propvs&_ is to do the division in two phases Phase I - West parcel to be divided into eight lots ;.lus a remaining cutlot. .� Phase II - Eas' parcel plus the Phase I outlot be divi,,,ra into -even lots to comple the di,%sioe. Discussion include' the d.aiie for prorate road with no direer sc a on Cou-7. Road 5, a tempo.a•.y cul-de-sac ar n eas^ ent to t..: City �f the continurtion .,, the pry, -ad road throe � Lhe east parcel Mrs. Hollander proposer; that existing rent 1 .ouse wculd eventually be incica.d in •1th her lot and used -a - west se. McDonald :ot. -.1 the Minute, 'ollows• 'age 1, 'f1ON .: 1'AE Paragraph 2 • Vote should read: as (3) stained -hul-a OF fl. 'ilson, motion passed. JULY 10, 1978 MTG. Ha,aot. moved to approve the Minutes as corrected. :._ti 1 seconded by M-Donald and passed unanimously. Meeting ad;. •rned at 10:30 1' 1. MINUTES OF A i. NNING COMMISSION MiXTING HELD ON AUGUST 28, 1978 Page 6 WORK SESSION ITENs Mrs. Hollander was present. She is proposing to do the final plat in two phases. She .:xpects to develop it �,ith a private road and temporary cul-de-sac. Planning Commission noted that they would require platting the road as an outlot through the entire plat at the first stage. Other staff review is pending. MRS. ROY ;,OLLANDER 225 Sixth Avenue No. SUBDIVISION #412 Mr. Reutiman and Mr. Hornick were present. Also ROBERT HORNICK present was Mr. George Rovegno of 2010 Shoreline 1960 Shoreline Dr. Drive. Planning Commission -..as ve.7 concerned COND. USE PERMIT with convenience food and beer prol sal seeing #418 potentir:l for an intolerable traffiL and pedestrian safety situation. Mr. Hornick stressed the appearance of his operation ae:. ited that hour* - Id )bably be 6:30 A.M. to 10:u,. P.M. sev�.. 9 .: r e., that traffic would be about three times ,rrent level. aw chat he would have "Stewart" styl, t sandwiches. Zhere , four existing fuel storage tangs totalling 15,000 gallons (3 @ 3,000 and 1 @ 6,000; - Hornick proposes adding two new 6,000 g- n tanks cu increase ­pacity by 80% to 27,040 gallons. Hi normally has only one employee on duty at any given time. 11c. Rovegno asked questions concernin, sf 3c, hours ar -nick'� experience (stated as 19 9 in the o. _-sinese saying that he doesn't l.i; -he gas station, but that he cen tolerate the a wing traffic level. There is a low vo9.ume of traff.: .ow with most iehicles on the property for repair rather than in and out service. Mr. Rovegno did strenuously object to this proposal saying that the convenience foods would attract too ankh traffic, that too many accidents happen in front of thn --... :tIan i. w, that too many people already use his private dock to buy pop a, 'ie station or use the rc•stro.ms and that he wat. vr.y concerned for his chi.,'s sa:aty because of increased traffic on Central Avenue. MINUTES OF A PLANNING C MMISSION MFETING HELD ON SEPTF218ER 11, 1978 The Orono Planning Commission met on the above date. ATTENDANCE Present were Chairman Hassel, Hurr, Hannah, F 'im, - 7:30 P.M. McDonald and Hamnerel. Alan Olson (City Plat—er), Jean Mabusth (Asst. Zoning Administrator), and Ji-, , Olson (City Engineer) were also present. Chairman Hassel announced this was the time and place ROY HOLLANDER for a Public Information Meeting on Mrs. Hollander's 225 Sixth Avenue No. subdivision regliest. Mrs: Hollander and her engineer SUBDIVISION (Jerry Hauer) were' present. Mr, and Mrs. John Public Info. Meeting] Guthrie were present from the public. Alan Olson 7:30 P.M. _ 7:50 P.M. stated he had the Affidavit of Publication ar:' ((i412) Certificate of Mailing. No changes have be-n made since preliminary approval. Mrs. Hollander will proceed with the private road. There are no septic problems although Lot 1, Block 2 will require a mound system. The County has completed their review, but we have not received their written comments. They will require relocation of the proposed curb cut onto Highway 6, Consequently, Mr. Hauer presented a revised plat which conforms to the County requirements. Mr. and Mrs. Guthrie's main concerns were in --gard to the road construction and the effect � new wells on a spring fed lake in the area. There was home discussion regarding completing the road with the first phase, maintenance of tb- road either by a homeowner's associ2*'an or a ma :enance covenant, filling of wetlands a.,d the phasing of the development, [Tassel recommended preliminary plat approval subject to the following conditions: Preliminary approval of e.-,ht lots it, first phase, Lots 1-4, Block 1 and Lots t-4, Block 2. ' ,sed road to be platted through from east to we: Remaining land area to be platted as two outlots, one containing the existing buildings (includes 3 dwellings) the other outlot containing the remaining land south and east of the proposed road, said outlots to have a moratorium on all construction until they are properly divided. MINUTES OF A PLANNING C(iYMISSION MEETINu JIELD ON SEPTEMBER1.1, 1978 Page 2 2. Proposed new road to be a private road, gravel surface 24 ft. wide according to the City engineer's requirements, including upgrading of the existing west driveway as used by this division. Road either to be constructed through entire plat or provided with a temporary cul-de- sac at the end of the first phase lots. Subject to standard underlying road and utilities easement and roadway maintenance covenants. PUTS. ROY HOLLANbER 225 Sixth Avenue No. SUBDIVISION Public Info. Meetingl (#412) Continued 3. New road curb cut location to be as permitted by He. in County. No direct access to County Rd. 6 from -:iy block 1 lots platted at this time. Minimum County road right of way 50' from centerline. 4. Septic system approval is for Lots 1-4, Block 1, and Lots 1-4, Block 2 (first phase) only, with Lot 1, Block 2 requiring a mound system due to high water table. Ad,�itional testing required before platting of second phase lots. 5. Flowage and conservation easement over all wetlands. All wetlands to be platted as outlots or "drainage easements" on the.plat. 6. Carape on Lot 7, Block 1 and all other buildings to meet all setback requirements or be moved or -removed. 7. Park dedication fee due on all platted lots. Motion seconded by Hammerel. Vote: Ayes (6), Nays (0). Motion passed unanimously. Hassel announced this was the time and place for a ROBERT C. HORNICK Public Information Meeting on Robert Hornick's 1960 Shoreline Drive Conditional Use P=rmit.application. Alan Olson COND. USE PERMIT explained the request as -ell as rec.:pped briefly Public Info. Meeting the two previous applit ns made on this property ($418) (0414 Subdivision and 1. Rezoning) which are still 8:20 P.M. - 8:35 P.M pending. To: Orono Planning Commission Members From: Michael P. Gaffron, Asst Planning 6 Zoning Administrator Date: January 16, 1987 Subject: #1090 Roger W. Hollander/John Hollander (Estate of Hildur P. Hollander), 200-250 Hollander Road - Preliminary Subdivision - Continuation of Public Hearing List of Exhibits Exhibit A - Planning Commission Minutes of 11/17/86 Exhibit B - Letter From Applicant's Attorney 11/19/86, Road Easement Document Exhibit C - Tom Jacobs Letter to John Hollander 11/24/86 Exhibit D - Planning Commission Action Notice 12/26/86 Exhibit E - Letter From Applicant's Attorney 1/7/87 Exhibit F - Septic Testing Diagram 1/7/87 Exhibit G - Mabusth Letter to Examiner of Titles 1/15/87 Exhibit H - Memo and Exhibits of 11/11/86 NOTE: Planning Commission tabled this item at the 11/17/86 meeting pending further input of information and resolution of specific issues remaining from prior subdivision approvals. Additional Information A. Regarding Road Easement and Maintenance Covenants: Applicant's attorney has submitted a document that was filed in the chain of title of Outlot e. This document would normally suffice to verify that the mechanism for private road ownership and mairrenance exists, nowever, this document contains no signature and therefore its validity has been questioned by staff. A preliminary opinion by the Examiner of Titles indicates that since the d,.ucment was accepted for filing in 1979, it i- valid for those properties where at least one transfer of title has occurred without challenge to the document. In the case of Outlot B, the indication is that the document may potentially be challenged and declared invalid, since nc transfer of title has occurred. If that happened, the two lots proposed to be created from Outlot B would not he subject to the private road covenants and maintenan,- . Staff Recommends that the property owners be required to properly file a new road easement/maintenance document. B. Septic Testing for secondary drainfield sites on both lots has been submitted and is found to be acceptable. John Hollander indicates that the sites proposed for Lot 2 might conflict with a future house location and further sites would need to be tested at the time a new houes is proposed. Staff Recommends acceptance of the proposed secondary drainfield sites. Zoning File #1090 January 16, 1987 Page 2 of 3 C. Regarding existing garage that was to be removed as part of the original Holly Acres subdivision, applicant's attorney states in his letter of 1/7/87 that the estate agrees to remove said garage. John Hollander has stated that he hopes to accomplish this as soon as possible. He also indicates he wishes to build a new garage, and staff notes that since proposed Lot 2 is in effect a "through lot•, any detached accessory structures requires a conditional use permit review per Zoning Code Section 10.03, Subdivision 10. Also, no building permits can generally be issued for outlets, and a stipulation of the original subdivision was that no permits for accessory or principal structures on Outlot B would be issued until completion of its subdivision. Staff recommends that part of Planning Commission's recommendation to Council be removal of the existing non-confoming garage prior to final plat approval (more strict than 11/11/86 -.mo). Staff further recommends that applicant apply for a con,: '.:,onal use permit for location of a new detached garage on proposed Lo,. 2, such permit to be issued only if conditional use permit approval is granted and after the subdivsiion is filed with Hennepin County. D. Regarding existing access to County Road 6 that was to a removed as part of original subdivision. Letter of 1/7/87 indicates the estate agrees to removal of this access driveway. Staff recommends that the required access removal e�rmit be acquired by the applicant from Hennepin County Department of Highways (Dave Zetterstrom, 935-3381) and that the access be eliminated by regrading prior to final plat approval (this is a more strict time frame than recommended in 11/11/f6 memo). E. Regarding the existing barns on proposed Lot 2, staff has not made a formal hazardous building inspection of the barns, however the previous staff recommendation (Item 4, Page 4 of 11/11/86 memo) to require their removal still stands. John Hollander notes that he does not agree to removal of the barns, on the Lasis that a) he needs the storage space; and b) the costs of removal are prohibitive and would negate a great share of his realized inheritance. Of cours4, this is his problem. We suggest ha contact his local fire department to see whether they would consider burning the barns. F. Staff recommendations per memo of 11/11/86, specifically Items 1, 6, 7, and 8, still apply. Staff feels per rmcommendtion 7, that since we are requiring elimination of any access to County Road 6 for Lot 1, it is not necessarily reasonable to require the lot width measured at 50' from County Road 6 to be 200' if it meets 200' measured at 50' from the private road where actual access is designated. Powever, if Planning Commission recommends the change it is certain' ­.sibie and will amount to only 0.02 acre trade-off. Zoning File #1090 January 16, 1987 Page 3 of 3 G. Staff recommendation 9 of that memo regarding the location of accessory structures, is still an item of discussion, however, staff is of the opinion that these standards for locating accessory structures on Lot 1 may be adopted but will still require a conditional use permit review for any specific accessory structure. H. Staff recommendation 10 of that memo is still 4 ±m for discussion regarding accessory structures on Lot 2. Yo: ...ve the option of making no recommendation now and letting this 'ssue be resolved at the time an accessory structure conditional use permit is applied for. I. Regarding neighborhood concerns that the property is "an eyesore". Tom Jacobs did inspect the property and issued clean-up orders. He notes that the truck was moved but the property was still a mess the last time he was at the site. An update from Jacobs is expected prior to the Tuesday meeting. Jacobs has not structurally reviewed the barns, but rotes they are in "bad shape". Summary: Staff reocmmends approval of the preliminary subdivision subject to the following conditions: Re -execution of road easement/maintenance documents must be completed. City accepts proposed drainfield sites. el.4 Existing garage on Lot 2 to be removed prior to final +approval, and conditional -:se permit is required to construct a new detached garage. �41: Existing at s to County Road 6 to be eliminated prior to final plat approval: c,.. -. .n Oc.L„ C. Existing barns on Lot 2 to be removed within 6 months of final plat approval. ti<^•"© Second house on Lot 1 to be removed within 6 months of final plat approval. Drainage easement for wetland on Lot 1 must be shown on final plat. Grant variance to front setback for existing house on Lot 2. �9. Grant variance fcr lot width on Lot 1 as measured from County Road 6 frontage 7R require re .alignment of divirion line to create required 200' width. 10, Dedication on the plat of standard drainage and utility easements. Both Lots ?Y and 2 require conditional use permit review for any accessory structure proposal. Cr4teria for such structure location review for Lot 1 per recommendation 9 of 11/11/86 memo. criteria for such structur location for Lot 2 to be determined upon conditional use permit review. Recommend that staff re -inspect property for clean-up compliance and issue orders or citations as the situation warrants. f{c &1i=, 06 P-W te. taNt �' f.w f. e C Sr+L uJ VcRV 2 —7— e� MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 17. 1986 ATTENDANCE 7:30 P.H. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley, Taylor, Hanson, Goe*ten, and Bellows. Absent: Rovegno and McDonald. Tne following represented the City staff: Building 6 Zoning Administrator Mabusth, Assistant Planning 6 Zoning Administrator Gaffron, and City Recorder Peterson. Councilmember Adams was also present. 01090 ROGER HOLLANDER 200 AND 250 HOLLANDER ROAD SUBDIVISION PUBLIC HEARING 7:30 - 8:10 The Affidavit of Publication and Certificate of Mailing was noted. John Hollander, Co -personal representative of the Hildur P. Hollander estate was present for this matter. Mark A. Rurik, attorney for the estate was also present. assistant Zoning Administrator Gaffron reviewed the application requesting to divide the existing Outlot B of Holly Acres into two building sites. Outlot B was created as part of the original Holly Acres subdivision, and was designated as an Outlot because it was non- conforming by virtue of the 3 residences on the property: the original subdivider's (Mrs. Hildur Hollander's) newer residence, a rental house next to it, and a farmhouse with outbuildi 1 it . !.ich her son, John Hollander, resides. At tt. :ime of the original subdivision, the City stipulated that: 1. The farmhouse and rental house were non- conforming structures; 2. No permits for principal or accessory structures on Outlot B would be issued until Outlot B was further subdivided. Assistant Zoning Administrator Gaffron reviewed the issues unresolved from _.a previous subdivision approvals: 1. Garage on proposed Lot 2 was to be removed and has never been removed. 2. Access driveway serving the residences on proposed Lot 1 was to be removed and regraded to elimin+`.e any direct access off of County Road 6. A new driveway was constructed to serve the residences on Hollander Road, however the old driveway was never removed and is still used as a primary access from County Road 6. MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 17, 1986 01090 HOLLANDER CONTINUED 3. Road outlot ownership: a) Hennepin County lists the r- • Orono as "taxpayer" on the road outlot with Hildur P. Hollander as owner. Despite Mrs. Hollar :er's desire, this is still a private road and the City does not own or maintain it. It w..s noted that the City does not intend to take it over as a public road. b) Mrs. Hollander apparently never filed the paperwork to create a Homeowner's Association to maintain the road and now the existing homeowners are apparently not in unanimous agreement regarding a Homeowner's Association, hence maintenance and ownership of the road is a potential ongoing problem. Assistant Zr .g Administrator Gaffron reviewed the issues and 1 , regarding the proposed Lots 1 and 2 as outlined in h..b memo. Lot 1 - a) Soil testing for alternate septic site for large house pending. Rental house may not have a well. b) Main house meets the rwquired setbacks from property lines. c) Requires a lot width-ariance (186.90' where 200' is required. d) This is a "through lot" therefore any accessory structures proposed would require a conditional use permit. e) The rental house is a non -conforming structure requiring removal or granting of variances and/or conditional use permit to remain as a non -rental guest house or storage building. f) Wetland drainage easement granted previously should be shown on new plat. g) Proposed Lots 1 and 2 are in different school districts. Lot 1 in Wayzata school district. Lot 2 - a) Garage which was to be removed must be removed or relocated to an appropriate location on the property. b) This is a 'through lot" therefore any accessory structures (including relocating existing garage) proposed would require a conditional use permit. e) The existing barns are non -conforming structures requiring removal or granting of variances and/or conditional use permit to remain. f) The existing house does not meet 50' fre.,t setback (0.71' short). g) Location of septic system unknown, testing for drainfield sites is underway. h) Lot 2 entirely within Orono school district. MINUTES OF THE PLANNING COMMISSION MELTING ItL :'STIR '1, 1986 #1090 HOLLANDER CONTINUED Chairman Kelley stated that he felt some of the numerous concerns should be resolved before the Planning Commission could make a recommendation. Bellows stated that the intentions of the proposed lots was unclear. Mr. Rurik stated that they plan to comply wit:: the previous stipulations of removing the garage on Lot 2 and blocking off the driveway. He noted that a declaration of covenants has been filed so a Homeowners Association is not necessary (he will forward a copy to the City). Regarding the rental house, they would like to keep it as a guest house. Chairmen Kelley asked if they would be willing to incur the additional cost for testing and placement of new septic if needed to comply with guest house standards. Mr. Rurik stated that soil testing is being done now and does not want to make any committment until the results are available. Regarding the barns, they would be willing to give up the use by animals, but are opposed to razing them. He stated he would like to confer with the City ...corney regarding the issue of th, 7arns being non -conforming structures. He further sta �t that the reason subdivision is being pursued at this t me is due to the intentions of Mrs. Hollander's Will that Lot 1 (which is currently for sale) be given to Hollander's daughters, and Lot 2 be given to John Hollander. He noted that the existence of the barns, which some feel is an eyesor•_, is unrelated to the subdivision request. Puhlic Comments - Steve Weinstein, 250 Hollande P1.- Speaking on behalf of the Holly Acres Homeowners Association, they are unanimously against the proposed subdivision for the following reasons: 1. Lot 1 does not conform with the 2 acre zoning code, and they feel the rental house should be removed. 2. To the' knowledge, Mrs. Hollander filed papers assuring them that before the lots would be subdivided, all existing buildings would be razed. 3. Existi— barns are a safety hazard. 4. Existinc well water may be contaminated. Brian Hill, 235 Hollander Rd. - He stated that the rental house is an eyesore and that there is a constant problem with junk cars on the property. MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER it, 1986 #1090 HOLLANDER CONTINUED Planning Commission Comments - Bellows stated that she felt the Planning Commission should not act on this application until clean-up of property is done and original subdivision conditions are complied with. She visited the site and felt the buildings are in a state of disrepair and that the rental hou.,e unit is not consistent with the other properties as they have been developed. Goett: sta,�d that she has seen the property and agrees with Bellows comments. She noted that the rental house property lacks the required area to approve the use of a guest house. Hanson agreed that the original subdivision conditions sh, Id be complied with. It was moved by Taylor, seconded by Bellows, to table this application and continue the public heari. , pending resolution 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 ne or intended that his house be razed. Mr. Weinstein disputed Mr. Hullander'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 coraider the possioility of moving the lot line a few feet in order to avoid the necessity of a lot width variance on Lot 1. #1093 P 6 A INVESTMENT 1380 SIXTH AVENUE MORI- SUBDIVISION PUBLIC HEARING 8:15 - 8:38 The Affidavit of Publication and r rtificate of Mailing was noted. Applicants John Adams and Scott 7owell were present for this matter. Assistant Zonin_ Administ:dtoi Gef'-on explained the requeat to subdivide a parcel of la; :to 4 lots. All four proposed lots meet the 2 acre m::,:R.;m dry buildable requirement; have adequate building envelopes, have tr tested for drainfield sites (but not approved by staff). Issues of concern are as follows: 4 MACKALL, CROUNSE & MOORE LAW OFFICES ON 1600 1 C F TOWER Lt[PN.Nrta Pw[N VON scrMID .21 SO. TN .1..T. STNEEt [ IT .v° NINNEAP ' OLIS, MINNESOTA a5402 °x« TE '.r:, .. L.. ... •°V.NLLN YYOYO. t«ON.a �. uu6w •O L[w O •. o.1u av-ens _ I. .«.°« :c a,sber 19, 1986 w[«.. L L....o ..-u.a wo.E wT ....... . Noe.[ uuN-um vow[« Mr. Michael P. Gaffron Assistant Planning 8 Zoning Administrator NOV 2 Diggs City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Hollander, 200 and 250 Hollander Road Subdivision Your Project No. 1090 Dear Mike: As a follow up to my appearance before the Planning Commission on November 17, 1986, enclosed is the Declaration of Private Road Easement and Declaration for Maintenance. You will no doubt recall the Declaration provides the mechanism by which the land owners adjoining Hollander Road may affect improvements on the road and provide for its maintenance. Please contact me or Larry Brynestad if you have any quest -ions regarding the enclosed, or general questions relating to the above -captioned matter. Sinc-, MACKAr.,,, CROUNSE 8 MOORE e By Mark A. kurik MAR;'', EI - surd IRNIn IT R i aJ'14;:1 uranI l..n v., lu'i Lk ^lA fAi uil ui I'N I:'AL! n•�au v:;•Yr MH AND hr •:I ,lull u•S r��N nt 1'.•r •.cRrt 4E `. IMI: NIILUNDER ROAD - (private road nnae) _ HOLLY ACNES _ (aubd I l a ton 0.1ne) N&V ALL MEN BY THESE PN/:SF.NTS' WNI.NFAS, Nildttr P. Hollander, Single TIIfidlai'drh_—__._ _. Is the fee ,~r of that Certain p..reA of rent otnte located In the City o. Orono, County of Nennrpin, State of Minnraota, legally dearrll.ed as follows: Block 1 Iota IPA , clock :, Iota I46, (Art Ica s and C in the plat of Nulty Acres and YNERFAS, _. Hildur P. Ibllonder oor devires (subdivider) to crest* a non-exclusive private road easeaaat (or drlvavay, tage"m aM age"$, and utility Purpose* ever sad sereas above described property for the actual bmeflt of lots H(V, THEREFORE, In addition to the easrasto created by a Declaration of Covenants, Undltlons, Restrictions and Enoreents, N1l4Nf j, Hollander does by NIL Declaration for hiself, (ruhdlvlder) his heirs, successors and assigns, hereby cream, a non-eaclust" eav,,nt for drlvmay. Ingress and egreU, and etlllty µvposae over ..nd n. rugs rot Lila A II snit I. IS for IN. mtual b •..fit of Iot* Sleek 1. lets W. sleek 2. Late 1 t___ rLrinra R and (berelnafter the •9uvnrf lied lots") _hollyy Aerea but not fur (aubdlvlslon) the benefit of any ollur loin In __ Holly "roe _, end f nehJlvidon) ..1 1tq, the ...c l.,. ...d ., . 111 11". , ,..1 , 1 Iha rmboning I..,:ri Led Iaa I 11'. -'toy of w • i, �, I..t 1 Hlldur P. Hollander Block I Int 2 Htldur 11. Hollander Block 1 H.ot J Hlldur P. Hollander Block i I.ot A Htldur P. Hollander Block I I.ot 1 Htldur P. Hollander Block 2 loot i Hlldur P. Hollander Block 2 lot 7 Hlldur P. Hollander BI.k 2 Int d Htldur P Hollander Block 2 All In Holly Acres (wuhd Iv it Sion) S(We THEREFORE. /n con+ideratlon of the receipt of One Dollar ($1.00) and the granting of the above private road easeaent for the benefited lots, the above camera of Cecil lot so Aeseribed, thdr hero, assigns and aucceuors (hereinafter referred to as comers or saoer) hereby covenant and agree as fellins: 1) flwt the comers do hereby acknorledge the ealatene,e of aald privaty road easrr. nt and the estatertre of the private road, tad th.tt the City of Prom has no obligation La eslntaln or Service, MW prleo,ic ..aed, and that the City of Oro. does not Intend to ae"im ..r ,o•,n a.id private road as a public roadway. 2) That the orrtrre r111 and do hereby asetr and ogres to p.v a prop•rtlonste share of the costs of saintalning, repairing and net ..I1 1•.a• If n,—r•rty, the pt Iv 11r road over raid casements deaerlM het Pon to it It tsl a al...tdard of dual lty equal to the private road an it etas appn•veto by the City t,f Oronr, as part ..f the aulWlvtsim of tad adjoining Lmda and is my be requlrrd from Ilar to ties by the ordinaaeop Of site Cloy of main,, in regard In private roods. I arh owner's +here of anrh ernts +hall he due and payable not thr door such lea fin enn+l nnl Hun. mint vn.mvr or repair are doe +nd payable b, the person or ratlry Tooth -ring on src.walt therefor. Lath suers shah of seek roost• •hJl he Int.-.-at as a rate of right 14 . o p'r from such dh, of ; ...i, Any ­'n.r y hr ing nn :.ct ir.n, on h,hrif -f the ..on -defaulting D.,nrrs, to collect a defaulting D.,er's Glare of wrh ,osts which are not paid when due, and shall be ertitled to recover such n asnn,'HC allurnrys' fees n the ,.ours nay allow, together with all nece•nary costs and disbursements Incurred in connection therewith. The plv^s, specifications and the awarding of contracts for the private road or for any clteralions In the private road alter construction lhermf r shall be approved in writing by the Owners of twenty-five (PS) percent of the Lots. The costs Incurred for mintenanee and repair of the private road shall be approved in writing by the Owners of twenty-five (yg) percent of the Lots. No Owner bay exeopt himself free the liability for assesseents IF waiver of the use or enjoyment of any of the private road or by the aboadorwarnt of his Lot. in the event that the Owners of each lot described henln fall to r n, repair and replace the private road as provided for herein. It Is agreed by all parties that the City of Ora,, any undertake to adintala, repair end replace the private road as prodded for hereto, and that such actions hp Lbw C1tr of A� will not result in the private mad's beconing a public :idway, and that each ad the Owners will pay to the City of Orono the p,oportionate test local by the 11 city of Orono wl thin thirty (b) days of the receipt of such .barges, Or else such charge shall Goon a lien upon each lot at the,prnportton as proteet fee herein, said proportionate share is to be deterelved by dividing tM total rails of rainlenance, repair or replaccme-t. Including without limitation, tie test of clownnr. clowning, ;now rrrvai, surfacing and returfacing, by the w,wMr of tots set forth above, adjoining the private road; and that each owner %ball bacon, liable fee yid propnrliv.ate share few and after the dale of this Agreenent. )) fach of lad 0.nrn Of a lot described here'" hereby covenants with each of the overt of all of the other lots orssrlb,d herein, and each �f fs of a lot dorlbed herein, by audemo cptance of a do therefor, whether ge not It shall he so eapr"" In such «nveyance, shall be ane hereby Is dmadd to flaanant Oita the than pnan of all of the other lots described here:-, that WINO10eW y IT poy promptly V&" due his/her/their proportionate %hare of the costs described to the preceding paragraph. The costs deseribod in the- pt(,rding paragraph shall be a personal obligation of the person or perscns who are the owner(s) of such lot at the lire when such costs were incurred, and said obligation shall not pass to his/her/their successors to title unless expressly nsuced by /ham. a) The private road shall be used strictly in accordance with the easem nts granted therefor. Txccpt as herein provided, no Owner shall obstruct or Interfere whatever with the rights and privileges of other Omin Is the private road and nothing shall be planted, altered, constructed upon er "moved by an Omar from the private road. If an Owner shall violate this se,ctiono the remaining rimers shall have the right to restore lha private road to Its prior condition and assess the cost of such restoration against the Ulmer Who violates this section and such assessment shall becc: due and payable upon the demand of on, of amid remaining Owners. All of the remaining Owen, or Any of thee, shall Mee the r% t and power to collect the cost of such restorations In a legal proceeding fee IMt purpose. If an Owner Interferes with the rights haws privileges of awethor Oar in the use of twv private road, except as herein provided, the remaining Gaerse or any of thee, may commence, an action to enjoin such imterferenoe hit that peovelllap party shall be entitled to recover such reasonable attoo. yso fees as the tan mr allow, together with all necessary costs and disburseme,,,s incurred in cement Ims tla+ewi t h. Any Owner ray delegate his right of enjoyment to the private rmad to Ms 4 nar.ts who reside on a Lot, to the rwnebers of his family and his gvrsts and to his invitees. 5) Pit un,,ant shall run with the land and shall be binding an and inu" /.0 lie tmnefit of the perlies hereto, their hain, representbt/ws, •ara•.sort rand ass lgns. 6) hwre may ba• no v•.,•^••'rat to ur owiraw of the terms Of tais enrm rat and ItM0 the prior written consml of tha City Cow"" of law city of orore. IN Yl Tlstig Yin aHt', The purl lea havv hereunto eaeeuled this eau amnt and eawenant the slay and yr.rr first ahu,r written, (pnu,lde aleoaturra of all oubdivld, ra .rqd/nr Int nunrro with each 'IS —lure proparly netar:ard.) Nndur P. Wllender STATE Of MINNESOTA S.S. COUNTY OF HENNEPIN On this dsT of 1979. before r la persolly RVMered Nlldur P. Nollsnder.l ko r I.. to be the Person described in end Ma signed the foresolr6 Inst tiers t, and acknowledged that she eseeated aar as her free set and deed. NOTARY PUBLIC AU"A P. IT" e 'eE 1 .a ..♦, pyiJY �z. J I. v • eN • S�y�r�% u�vnl -------------- h'<h 133,%gb sr:a r rra ■wrrn 1 v orw cu.ao� nau on JUL Y S 1979 i'JL 1 *{'A W) �' RMir CITY of ORONO Post Offim Box NO Cryulal Flay, Minne ka M' J'Xl• Municipal Ofic® •,1 _f._ I, . On the North Shore of Lake Minnetonka Novmeber 24, 1986 John Hollander 250 Hollander Road Wayzata, MN 55391 Re: 200 Hollander Road, Orono - Truck parking and tire storage. Dear Mr. Hollander: An inspection conducted on November 20, 1986, by Jeanne Mabusth and myself, revealed that several violations exist on the property. I spoke to you on the matter giving you until November 24th to remove violations. You then requested copies of the ordinances as follows: - 10.60, Subd?.vision 13 Exterior storage in residential zone - 10.60, Subdivision 14 Waste Materials - 8.23, Subdivision 2 Truck Parking - UPC 11.201 (a) Accumulation of waste material - UPC 11.203 (a) Permit requirements/storage requirements (for tires) I also told you that you may park the truck inside a building but the tires cannot be stored in the building as it will create a fire hazard. On November 21, 1986, you stopped by City Hall and received the above mentioned ordinances. On November 24, 1986, you called and left a message saying you did not remove the truck. This letter is being written to inform you that if the truck and tires have not been removed by December 1, 1986 (1200 hours), citations will be issued and the matter referred to the City Attorney--ta= proper legal action, which may result in $750 fine, 90 days of(£ncarsinatio or both. If you have any questions on the matter, please feel-ffae-!a 1 me at my office. Sincerely,/�'%►/a���� �� Thomas dac b6 s, Building and Fire Inspector , TJJ/tln cot Long Lake Fire Department Ir Melvin Rilbo, Chief of Police Scott Richter, City Attorney Jeanne A. Mabusth, Zoning Administrator Mark E. Bernhardson, City Administrator Michael P. Gaffron, Asst Planning 6 Zoning Administrator Lyle Oman, Field Inspector John R. Gorhardson, Public Works Coordinator BUILDING& ZONING - 47)-7B7 • AIWINan)AT" A PINANC1'-473735N • YI-NJ It WOOBA-U)JN• &tleaMNG TONING FILE NO. 1090 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 12/26/86 TO: John Hollander COPIES TO: Mark A. Rurik 200 Hollander Road MacKall, Crounse & Moore Wayzata, MN 55391 1600 TCF Tower 121 South Eight Street Minneapolis, MN 55402 -.-------------------------------------------------------------- TYPE OF APPLICATION: XX Subdivision ---------------------------------------------------------------- DATE OF MEETING: 11/17/86 VOTE: 5 For 0 Against Planning Coaaaission reco®ends the following: XX Tabled: For reasons noted below NOTES AND SPECIAL CONDITIONS: Public hearing was continued pending resolution of specific outstanding issues: 1. Detached garage on proposed Iit 2 must be removed or relocated (this was a condition never fulfilled of the original Holly Acres subdivision). 2. Access driveway from proposed Lot 1 to County Road 6 must be eliminated (again, a condition of original subdivision). Mr. Rurik's letter of 11/19/86 regarding the declarations of private road easement maintenance of same has been noted and the tax status of the road is under review. We have not yet received a copy of a site evaluation report to identify alternate drainfield sites on the property. This must be submitted as soon as possible for review by City staff prior to re -commencement of the public hearing. Please contact Michael Gaffron at 473-7357 if you have any questions or comments. This item will not be scheduled for the January 20th meeting unless you request placement on the agenda. ----------------------------------------------------------------- Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the January 20th Planning Commission meeting is January 9, 1987 or February 6, 1987 for the February 17th Planning Commission meeting. If you desire certified copies of the offi,ial Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. MACKALL, CROUNSE IS, MOORE LAW OFFICES curii"ooar« wx le oo Tc. iowcw i31 S011iN LIO MTX $TR Ee-T It Z axe. MINNEAPOLIS, MINNESOTA 55402 n ow Te .XON[ euaaa-.a.. o.o�rlio mcconcw a»•ena :roe. January 7, 1987 oc o.` u` •mww{L S. r..., HAND DELIVERED VIA MESSENGER Mr. Michael Gaffron City of Orono 1335 Brown Road South Crystal Bay, Minnesota 55323 Re: Hollander Subdivision Our File No. 47554 Dear Mr. Gaffron: Enclosed is the site evaluation report to determine soil suitability for the proposed Holly Acres 3rd Addition. Also, I request that we be placed on the agenda for the January 20, 1987, planning commission meeting. With regard to two of the matters noted in your notification to me dated December 26, 1986, the Estate has agreed to removal of the detached garage and will take any action necessary to eliminate ac^ess to the driveway on the proposed Lot 1 to County Road 6. Please contact me or Larry Brynestad of this office should you have any questions on the foregoing. Sincerely, MACKALL, CROUNSE 6 MOORE By Mark A. Rurik MAR:jw Enclosure I7 1 - B.M. °T en" � %�oG4AKDER�Ona _ Loc+sa.e' Q ETY al ORONO 1'n"t Of( a Iwo iai•('.Yntnl B-Y. Min nr"oW :dt1Lt•Muniripel OfficM On the North u,.,re of Lake Minnetonka Hand relivered 1/15/87 Richard Little Hennepin County Government Center Examiner of Titles A705 Minneapolis, MN 55487-0067 Dear Mr. Little: In the process of reviewing a subdivision for lot line rearrangements of three lots within Holly Acres Second Addition, the City Attorney's office has advised that the original document entitled "Declaration of Private Road Easement and Declaration for Maintenance of Same" (copy enclosed herewith) was not executed by the original owner and developer, Hildur Hollander. It is the City Attorney's opinion that the document, although filed by the Registrar of Titles office, would not be valid/legal if contested by a future owner. In our phone conversation of January 14, 1987, you had opined that since the document was accepted for filing and recorded against each Certificate of Title that if a lot had been sold or exchanged in ownership at least once and never contested at that time the document would be valid per previous court rulings. If my understanding of your position in this n-tier in not correct, please advise. Since the validity of the document againnt each of the properties is based on the single transfer in ownership and ro evidence of contestation of that document at the time of transfer, the City asks that your office confirm the status of the following properties so that the City may uonfirm that its interests are protected: Lot 1, Block 1, Holly Acres Lot 2, Block 1, Holly Acres Lot 3, Block 1, Holly Acres Lot 4, Block 1, Holly Acres Lot 1, Block 2, Holly Acres Lot 2, Block 2, Holly Acres Lot 3, Block 2, Holly Acres Lot 4, Block 2, Holly Acres Outlet B - holly Acres W 11 MNG&I, WW1:-411 J131 • AfMMIST1A1/ONaIINAN 4714152 • MIOLa'WORK% 4.17M AW INING Richard Little January 15, 1987 Page 2 Lot 1, Block 1, Holly Acres 2nd Addition Lot 2, Block 1, Holly Acres 2nd Addition Lot 3, Block 1, Holly Acres 2nd Addition Lot 4, Block 1, Holly Acres 2nd Addition As I noted in our phone conversation, the City will ask that you reaffirm your position in writing. Sincerely, J' nne A. Mabusth Building a Zoning Administrator cc Mark Bernhardson, City Administrator Kathleen BlatZ. City Attorney enc. JAM/pp November 10, 1986 City of Orono Planning Commission Box 66 Crystal Bay, MN 55323 Attn: Jeanne A. Mabusth, Zoning Administration Dear Ms. Mabusth: D �C���d� "�I rgli 121 886 --- Regarding your notice on the matter of Roger W. Hollander's application for a proposed 2 lot residential subdivision of property located at 200 and 250 Hollander Road, I am writing to strongly oppose its approval until certain actions are completed. It is my understanding that before the above property can be subdivided, that the two barns and farmhouse, along with other related buildings, are to be torn down and removed. It is also my understanding that the original application for the Hollander Road project had this as one of the conditions in its approval by the Planning Commission. The buildings are not only an eyesore, but because of their poor condition, are a safety hazard to the community. Thank you for your attention to the above. Sincerely yours, aA Brian F. Hill 235 Hollander Road Orono, MN 55391 BFH:peh 26250 INGMAN LABORATORIES, INC. Established ECM. w.T. F..00— C.—, MKiu4MaVlu, I,u,Y,., USDA CEPTIRED MEAT LAWRATmb 2945 Nth An. So. (34th 6 E. Lake St.) P.O. Box ISM Minnapullu, MN 55415 John Hollander (612) 7240121 Get. Be 1986 Date 250 HHoll,.amder Rd. Or Tlh.}ra (b cert,, that there was fastens under the supervision of ingman Laboratories. Inc. a sample represenrM as follows: 200 Hollander Rd. I WATER (Fecal Ooliform-Less then 1/100 allno Oro, Me. GRAIN EXCHANGE SAMPLE, SUBMITTEDSAMPLE. STATE SAMPLE. Established in 1928 1 26251 INGMAN LABORATORIES, INC. Eke.-1. ..r Eeee N."'o- CMmrul-M¢mew/ap6., x,MbM USDA CERTIFIED MEAT UBONROR. 2945 Nth Ave. So. (34th 6 E. Lake St.) P.O. SoA 15305 Minneapolis, MN SM15 (612) 724-0121 Date Oct. 8, 1986 n ender 250 Hollander Rd. Orono, Mn. T,S s 10 certtly rhar there was tested under the supervison of ingman Labomrones. Inc. a sample represented as IOIbw6: wafer Luc. 250 Hollander Rd. WATER Fecal Coliform-Lens than 1/100 ml Orono, Mn. INGMAN GRAIN EXCHANGE SAMPLE, SUBMITTED SAMPLE. STATE SAMPLE. To: Mary Butler, Mayor Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Commission Members From: Michael P. Gaffron, Asst Planning s Zoning Administrator Date: November 11, 1986 Subject: 41090 Roger W. Hollander (Estate of Hildur P. Hollander), 200-250 Hollander Road - Preliminary Subdivision - Public Hearing Zoning District - RR-lB, 2-acre rural residential Application - Divide existing 4.68 acre outlot into 2 building sites (both with existing residences). List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey/Preliminary Plat Exhibit E - Preliminary Plat With Staff Notes Exhibit F - Letter From Neighbor Steven S. Weinstein of 11/6/86 Exhibit G - Resolutions 11055 6 1428 Approving Previous Hollander Road Subdivisions Exhibit H - Alan Olson's Memo of 10/13/78 Regarding Preliminary Approval of Original Subdivision - Specific Requirements and Follow-up Notices Pertinent Facts: Total Acreage: 4.68 Acres Wetlands: 0.40 Acres (all in Lot 1) Total Dry Acreage: 4.28 Acres Proposed Lot 1: 2.16 Dry Buildable Acres Proposed Lot 2: 2.12 Dry Buildable Acres I. Introduction This is a request to divide the existing Outlot B of Holly Acres into two building sites. Afpart of the original subdivision of Holly Acres, Outlot B was left as an outlot with the original subdivider's (Mrs. Hildur P. Hollander's) newer residence, a rental house next to it, and a farmhouse with outbuildings in which her son, John Hollander, resides. At the time of the original subdivision, the City stipulated that: 1. The farmhouse and rental house were non -conforming structures; 2. No permits for pr_...;ipal or accessory structures on Outlot B would be issued until Outlot B was further subdivided (see Resolution #1055). Zoning File #1090 November 11, 1986 Page 2 II. Issues Unresolved From Previous Subdivision Approvals A. Garage on proposed Lot 2: The detached garage on what is now proposed Lot 2 was to be removed from the front yard setback area as a condition of original subdivision approval in 1978. Follow-up inspections conducted in 1979, 1980 and 1986 indicate this has never been done. B. Access driveway to County Road 6: An access driveway serving the residences on proposed Lot 1 was to be removed and regraded to eliminate any direct access off of County Road 6. A new driveway was constructed to serve those residences from Hollander Road, but the old driveway was never removed and today is still used as a primary access from County Road 6. C. Road outlot ownership: Mrs. Hollander for many years persisted in trying to have the City take over Hollander Road as a public road. The City never intended it to be public, and has steadfastly refused to accept the road as public. You will note that the County has listed Orono as "taxpayer" on the road outlot with Hildur P. Hollander as owner (see property owners list). The City has been doing battle with Hennepin County over this for at least 3-4 years. Mrs. Hollander never filed the paperwork to create a Homeowner's Association to maintain the road. Now, the existing homeowners served by Hollander Road are not in unRnimous agreement regarding a Homeowner's Association, hence mafn—tenance and ownership of the road is a potential on- going problem. III. Issues and Facts Regarding Proposed Lots: Lot 1 1. Septic system and well on Lot 1 are approximately as shown. on Exhibit E. Soil testing to find an alternate site for the large house has commenced but no report as of this writing. Note that driveway might be over the existing drainfield, but it is functioning adequ.`ely. The small rental house has a septic system, but no well to staffs knowledge. 2. The main residence meets the required 30' side setbacks and other required setbacks from proposed property lines. 3. The proposed Lot 1 requires a variance to lot width as measured at the 50' setback from County Road 6 (186.90' where 200' is required), but meets the lot width requirement as measured based on the private road being the front yard. Zoning File #1090 November 11, 1986 Page 3 4. This is a "through" lot, hence any accessory structures proposed for the future would require a conditional use permit per Zoning Code Section 10.03, Subdivision 10. This subdivision approval could stipulate conditions under which such structures would be allowable with a conditional use permit, designating which yard is front, which is rear, and what are appropriate setbacks for accessory structures. 5. The rental house is a non -conforming structure. The options for it are as follows: a) Grant variances and conditional use permit required to keep it as a guest house. This would require additional septic testing, possibly replacement of system, and variances to lot area, lot width, side setbacks (from existing house - must be 601). Note that it is not possible to grant a use variance to allow it to remain as a rental unit. b) Grant variances to front setback to allow it to remain as an accessory structure without dwelling status (would have to remove all plumbing); c) Require that it be removed. Given the character of the neighborhood and the City ordinances governing, staff feels that the only appropriate option is to require that it be removed. 6. The wetland drainage easement as granted previously should be shown on the new plat. 7. The old driveway access to County Road 6 should be required to be removed as stated previously. S. Note on Exhibit E the location of the school district boundary. Lot 1 will be in the Wayzata district. It is ridiculous that the neighborhood is in two school districts, but it is, and that is a matter with which the property owners must deal directly with the school districts. B. Lot 2 1. Per previous discussion, the garage which was to be removed must be removed or located at an appropriate location on the property. 2. This lot should also be considered as a 'through" lot, and any new accessory structures (including relocating the existing garage) would require a conditional use permit unless conditions regarding such structures are placed on the property with this subdivision. Zoning File #1090 November 11, 1986 Page 4 3. The barns whi backs, but not no future animal animal barn strm such structures - new subdivision. .ch exist meet the normal accessory structure set- 150' or 75' setbacks for animal housing - so housing would be allowed; also note that as non- :tures, both exceed the 1,000 s.f. maximum size for this makes them non -conforming structures within a The City has a few options: a) Grant variances and conditional use permit to allow them to be used for animals under existing location and size; b) Grant variance to allow them to stay as non -animal housing, oversize accessory structures; �:,At:c _ cL, r ,4,.Va- c) Require demolition. 4. The existing house does not quite meet the 50' front setback (0.71' short). 5. The location of the septic system serving the house is unknown, but presumed to be generally north of the house. Testing for drainfield sites is underway. 6. Lot 2 is entirely within the Orono school district. IV. Discussion. Neighbor Steven Weinstein alludes in his letter (Exhibit F) to a requirement that the barns and farmhouse be razed prior to subdivision of Outlot B. This was never a condition required by the City. As to the fact that the structures and chattel on Lot 2 are an eyesore, I would leave this to each Planning Commissioner to decide. Mr. Hollander has briefly discussed with staff that he believes the well serving the farmhouse on Lot 2 is polluted, but he has not approached staff for help in remedying the problem. This is a concern. Given the lack of compliance with certain conditions of the originai subdivision, and given that the current applicant is attempting to resolve all matters dealing with the estate, staff feels that conceptually, the proposed subdivision is reasonable and desirable from a neighborhood standpoint, but only under a number of conditions enumerated below. V. Staff Reccaendation A recommendation for preliminary subdivision approval by the Planning Commission would be appropriate if accompanied by the following conditions, 1. Rental house on Lot 1 must be removed within 6 months of City Council's final plat approval. O Zoning File #1090 November 11, 1986 Page 5 2. Driveway access from County Road 6 must be permanently closed and regraded to eliminate future use of that access, to be completed within 6 months of City Council's final plat approval. 3. Detached garage on Lot 2 must be removed from front yard setback area within 6 months of City Council's final plat approval. 4. Given questionable stability of the barns on Lot 2, and given their non -conformity as to size and location in relation to their use _ for housing animals, barns on Lot 2 must be removed within 6 months of City Council's final plat approval. (Items 1 through 4 to be subject to a Developer's Agreement with appropriate security posted to ensure compliance. No building permits shall be issued for new construction until such work is completed.) 5. Soil testing for alternate drainfield sites for both Lots 1 and 2 must be submitted by applicant and approved by staff prior to Council review of preliminary plat application. 6. Drainage easement for wetland on Lot 1 must be shown on final plat. 7. In granting this subdivision, the following variances are appropriately granted: a) Variance to required width of lot frontage on public road for Lot 1 (186.90' proposed, 200' required). b) Variance to front yard setback requirement for :souse on Lot 2 (49.29' existing, 50' required). 8. Subject to standard 10' Drainage a Utility Easements along perimeter lot lines, 5' either side of interior lot lines. Additional potential conditions for discussion: 9. On Lot 1, for purposes of establishing the allowable locations of accessory structures: a) The lot line along Hollander Road is the front lot line; b) The side of the house facing Hollander Road is considered a■ establishing the front line of the house; c) The lot line along County Road 6 is the rear lot line; 0 Zoning File #1090 November 11, 1986 Page 6 of 6 d) Given these criteria, the normal code requirements for locating, sizing and use of accessory structures are applicable, except that no accessory structure shall be located less than 50, from the right-of-way line of County Road 6. The above standards shall serve as guidelines in the granting of future conditional use permit approvals per Municipal Code Section 10.03, Subdivision 10. 10. On Lot 2, for purposes of establishing the allowable locations for accessory structures, the following criteria should apply: (for discussion) 11. This subdivision shall not be approved by the City until such time that the City Council finds that: a) a Homeowner's Association exists, the membership structure of which provides for inclusion of all owners of property gaining access via Hollander Road; and b) such Homeowner's Association has adopted covenants and by-laws which provide for the private maintenance of Outlot A, Hollander Road. Summary: Staff recommends approval subject to: - Removal of rental house, two barns, detached garage, and County Road 6 access, with Developer's Agreement to guarantee such removals; - Septic testing prior to Council review; - Show standard drainage easements and wetlands easement on final plat; - Grant variances for lot width for Lot It principal structure setback for Lot 2; - Optional conditions for discussion: a) Establishment of accessory structure setbacks for Lot 1 and 2 as guidelines for future conditional use permit application; b) Require establishment of Homeowner's Association that acknowledges responsibility for the road. 'j` r E :� �-� � Date Ekec'd k"%'' %(By Fee c'd CITY OF ORONO SUBDIVISION APPLICATION PORK APPLICANT Name Roger W. Hollander, Personal Telephone 377-6632 Representative at s a e at i ur P. Hollander Mailing Address 1776 Dupont Avenue South Minneapolis, MN 55403 PROPERTY Name Estate of Hildur P. Holland=r Telephone 333-1341 OWNER Mailing Address 1E00 TP .' Tosar, dinneapolis, MN 55402 (Attach list if more than one) PROPERTY LOCITION Street Address 200 and 250 Hollander Road, Orono, MN 55391 25-116-23-43-0019 Property Identification No. (P.I.D.) 25-1'8-23-44-0005 Complete Legal Description to be attached to application --------------------------------------------------------------------------- EXISTING LAND USE Number of Tax Parcels Pao Development Size 4.28 Acres Dry Land 0.40 Acres wet Land 4.60 Acres Total, all parcels Presert Use (check) X Residential; no. of units 2 Other (specify) Present Zoning District 73 - ----------------------------------------------- PROPOSAL X Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) X Subdivision for New Building Sites Number of Building Sites: (hie Existing Units One New Units Twv Total Units Proposed Gross Density i Unit per '•1 Acres Minimum Lot Size; Square Feet Dry Buildable Land Proposed Use: (check) X Residential Other (specify, ------------------------------------"-----------------------"'--- (OVER) 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 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. Easements, Covenants, etc. 5. Developers Agreement and acceptable form of security. Certificatio* by Zoning Department that Final Plat Application is complete. Zoning Officials Signature Date Sketch Plan Review (Class I, II E III) $150.00 X Preliminary Review (Class I a II Subdivisions) $250.00 Preliminary Review $300.00 plus (Class III and all non-residential) 20. i0/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 and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. ----------------------'------------------------------------------------- Owner's Signature .2- �(r�J a!_/Yr,1 Lil {b)lLoG l _ _ 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. .J_ / ��� d' � �py ao Yu yi• �1 = 4 1429 1jp-47084 OD N>` O/ VA ` h ' af'rJ • S S a � ~ �ri- Al 1E} 60T \ q s . YRG, _.r c 00) _ � s) _ �mr NOLLnNDER i•• •e.n»esv RD �.�.: Ie,T* /IILL 1 gct4o&e k NPH/KrtuE�R ���Y O pRtiroN f/�cElZ 44 aIUn- L4KE 43 COUNTY MENNEPI aAE,p er V.I W w w w ar wp •o•• •oa• •ooi n RUN DATE 09/19/84 BATCH OUT UP —118-23 41 00^.i 1r wa AOD0 003CO SIXTH A"E N Od'IR HITS DOUGLAS DATTON ETAL TIYFAIER DOISLAS J DAYTON WM /MCPR 300 CO RO PC I w WYZATA NI 55391 SO 25-116-23 43 0012 AROP AOOR 0CMD HOLLANDER RO OPRR NAME J A S KOCUP TAXPAYER JOHN A KEKM '. NAR!AWR ZOO MLLAMEP RD WYZATA ML 55391 M ZS-116-21 45 0018 POOP MOR YXPNAME AM L@ �. T APAYER CITY CITY OF t✓RJO NY1E/apOR DDX M CRYSTAL DAY !N 55323 SO 25-118-23 44 0005 -'POP ADOP 00200 HOLLANDER PO r. WAR NAPE MTIO-D P MLLAMER TAXPAYER NILOLV P HOLLAPOER NY¢/ACDR Z50 HOLLANDER RD WYZATA NI 55391 M 25-118-23 44 0109 WW ACOR 00:05 HOLLAMEP RD ',PIYEP NAME NILOL91 P HOLLANDER TAXPAYER YARD 8PUECER NAMEl10CP 259 HOLLANDER AD WYZATA MN 55391 r. 56-11043 COON PROP AMAH LE C0 CO)95 iDAYTON FJ N CH4R NAM STEVEN J OELAND TAXPAYER STEVEN J MELAIRIER-OIYTM /. WIKi 100R 795 N F[RD W ILIN 5TI YI 55391 Am W-NEPIN CQMfT FROP[fT p0'ONYTION SYSTEM RE POPPY NO. P1435401 PfpPFRTT ONERS LIST PAGE 10 SO 25-118-23 43 0001 38 25-118-23 43 0011 00290 HGLLAMER RD D J DAYTDN ETAL HOLLY ACRES DEW LOPENT CORP DODGLAS J DAYTON HOLLY ACRES DEVELOPMENT CORP 300 CO RD M A 250 HOLLAMER RD WYZATA NI SS391 WYZATA Nl 55391 N 25-❑0-43 ORD N 25-1 43 OOIZ 00260 RD HOLLJ 0025E NWEIAMEI PO L t D t.HOLLANDER14 STEVEN 5 ET AL & DARN LARRY E GILPMAD WEINSTEIN STEVEN 5 HOLLAMER ROAD HOLLAARYLNDER HOLLANDER 259 MOLLAMER MEINSTEIN ORtlp PN 55391 S391 WYZATA MN 55391 38 25-11623 41 001E IS-118-23 43 0076 M 00250 HOLLAER RD 00235 HOLLAMRD ER 00 HILOl01 P HOLLJLNDEPB F MILL A M F HILL HILDUR P xOLLAMM ER MILL BNIAN A ANDER 250 HOLLANDER RD RD HOLLANDER LIAMER RD ` YAYZATA MH 55391 MUM Hl 55391 T 38 25-118-23 44 0007 38 25-118-23 44 0008 CO225 HOLLANDER RO 00215 HOLLANDER RD HILOLH P HOLIAMER YARD KPUEGEP NILOLW P HOLLAlUER RRUEGER 259 90 259 259 HOLLAMER RD MH YAYZATA ATA NI SE WI WT2ATA PRI 55391 M 25-118-23 44 0010 00099 SIXTH AVE N HILOLR P HOLLANDER YARD KRUEGER 259 MLLAMER RD WYZATA PH 55391 TOTAL BATCH 007 00016 38 M-118-23 I3 0012 00285 FERMALE RD N ALLEGRA N PARKER PAUL L A ALLEGRA N PARKER TCS FERMALE RD N WYZATA MH 55391 d Marketing I . STEVEN S. WEINSTEIN & ASSOCIATES Consultants +4r- 259 Hollander Road • Wsy�dta. MN 55391 • (612) 475-3199 MV I O I9Bg lovombor F,-T986- Jeanne Mabusth, Zoning Administrator City of Orono 1335 South grown Road Orono, M1 55323 Dear `•fa. Ubustha This is in regards to Roper W. Hollarrdsr's application for a proposed 2 lot residential subdivision of property located at 200 and 250 Hollander Road. I want to go on record for viogorousl o osin� such an application on the grounds that the ate .drs. Hi a Hollander originally filed papers with the planning, commission that stipulated that before this parcel could be sold or divided, the two barns and farmhouse on the property would be razed. This has not been done and is an eyesore to the neighborhood, not to mention an old truck with tires on the property. Furthermore, I understand that the drinking water is polluted from feces of many animals kept in the farmhouse and is not suitable for habitation. I will be at the November 17 hearing as will several other people from on- neighborhood. Sin erely yoyr@.� I Steven Weinssteiiin RESOLUTION NO. 1055 A RESOLUTION APPROVING THE PLAT OF HOLLY ACRES 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 Or ias adopted subdivision regulations for the orderly, economic an. :e development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision plat by Hildur P. Hollander, the subdivider; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Dedication on the plat of rights of way for public streets and roads, shown as County Road 6. 2. Creation of a new private road shown on the plat as Outlots A, D, and E, to be known henceforth as HOLLANDER ROAD. Concurrent with the creation of this private road, the subdivider has dedicated to the City a Road and Utilities Easement ( Exhibit A) granting to the City permanent access, improvement and utility easements over said Dutlots, the subdivider has created non-exclusive ingress, egress, drainage and utility easements (Exhibit B) over said Outlots in favor of all abutting and/or benefiting lots; and the subdivider has created certain maintenance covenants (Exhibit B) wherein each of the abutting and/or benefiting lot owners covenants and agrees to permanently maintain and pay the cost of maintenance for said private road. 3. Dedication to the City of a Flowage and Conservation Easement (Exhibit C) providing for limitations on the use of wetlands and/or drainageways described therein. 4. Execution of a Subdivider's Agreement providing for installation of private road improvements as a condition of subdivision approval. Resolution No. 1055 Page 2 Site Grading, street grading including installation of the limestone base per approved plans, and drainage improvements shall be completed prior to issuance of any building permits. Final street paving and improvements are to be completed no later than August 1, 1980 according to the Agreement. 5. Payment to the City of a Park Dedication Fee in the amount of $2,000. jvlo NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Holly Acres, Hennepin County, Minnesota; subject to the following conditions: 1. The aforesaid plat shall be filed with the Fennepin County Recorder's Office on or before December 26, 1979 together with a certified original copy of this Resolution and executed copies of Exhibits A, B, and C as noted above. This property is the subject of a two phase review process. Lots 1-4, Block 1 and Lots 1-4, Block 2 are approved as residential lots by this Resolution. Approval of building sites on Outlots B & C shall be subject to second phase subdivision application and review according to the ordinances in effect at the time application is made therefore. Permits for principal or accessory buildings will not be issued for Outlots B & C until such resubdivision is approved. _ 3. All lots in this subdivision, including Outlots B & C. shall have sole road access via the new private road on Outlots A, D, and/or E. No direct access shall be permitted onto County Road 6. The existing accesses from County Road 6 to structures on Outlot B shall be removed and replaced by access onto Outlot A as soon as the new private road is constructed. Resolution No. 1055 Page 3 The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Ororo for subdivision review. Dated this 10 day of July , 1979. J William B. Van 2 st, Mayor ATTEST: Walter Be'naon, Clerk/Administrator RESOLUTION OF THE CITY COUNCIL s � NO. /./z I .P A RESOLUTION APPROVING THE PLAT OF HOLLY ACRES 2ND ADDITION 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 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 plat by Hildur P. Hollander the subdivider; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the -City, including: 1. Dedication on the plat of drainage and utility easements. 2. Payment to the City for the legal review of all pertinent documents and the filing of the plat in the amount of $75.00. 1. Payment to the City of a Park Dedication Fee in the amount of $1,000.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Holly Acres 2nd Addition, Hennepin County, Minnesota; subject to the following conditions: 1. All conditions of Resolution 1055 approving the original plat of Holly Acres which applied to the property now redivided as Holly Acres 2nd Addition shall continue in effectr this would include a road and utilities easement under and over Hollander Road and a declaration of private road easement and maintenance of that same Hollander Road. 2. Per Resolution 1055, building permits for principal and/or accessory structures will not be issued for Outlot B, Holly Acres, until a resubdivision is approved. The farm house and rental house on outlet B are considered non conforming uses and subject to all pertinent ordinances of the Orono Zoning Code. 3. Access to Lots 1,2,3, and 0 Block 1, shall be via Hollander Road. Lot 5, Block 1 is the only lot approved for direct access onto County Road 6 finding a private access easement via lots 3 and C would severely limit the proposed building sites. 04. 3 City of ®RONO RESOLUTION OF THE CITY COUNCIL NO. �w � The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's Office on or before April 25, 1903 together with a certified copy of this resolution. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subiivison review. Adopted by the Orono City Council this 5 V14 d§ William B. Van Nest, Mayor ATTEST: Mary s. r ytcke, Depu Clerk \ DATE TIME CITY OF ORONO CALLED IN INSPECTION NOTICE scHEOut:! PERMIT NO. COMPLEADDRESS OWNER CONTR._ TELEPHONE NO. ❑ FOOTING ❑ PLUMBING f �(/_ �aiTE INSPECTION ❑ FRAMING ❑ MECHANICAL �" ❑ "`EEE XCAV./GRADING/FILLING ❑ INSULATION ❑ WATER HOOKUP ❑ LAKESHORE/WETLANDS ❑ WALL BD. ❑ METER SET/TUF%N ON ❑ LICENSING ❑ FINAL ❑ SEWER HOOKUP ❑ COMPLAINT ❑ PROGRESS ❑ SEPTIC INSTALL. ❑ FOLLOW-UP ❑ DEMOL. ❑ SEPTIC MAINT. SEPTIC FINAL ❑ FIRE PREV. ❑ WELL TEST PUMP ❑❑ ❑ WORK SATISFACTORY: PROCEED ❑ PHOTO TAKEN ❑ CORRECT WORK d PROCEED ❑ CORRECT WORK. CALL FOR REINSPECTION BEFORE COVERING ❑ CORRECT UNSAFE CONDITION WITHIN HOURS. INSPECTOR WILL RETURN, ❑ STOP ORDER POSTED. CALL INSPECTOR. ❑ INSPECTION REQUIRED. CALL TO ARRANGE ACCESS. call for the next inspection 24 hours 473-7W White Copy /Inpecto,' a Fdo / Gold Copy/Siu Notim Telephone 473 7357 L.womu Poet Offiee no.V,•C,yewlUoy, M of neeum 55323• Municipo l OffieoOn the North Shore o/ Lake Minnetonka August 25, 1980 Mrs. Roy Hollander 255 Sixth Avenue Wayzata, Minnesota 55391 Re: #912 Subdivision - Construction Progress Report Dear Mrs. Hollander: We understand that paving is to occur shortly on this road. I am sure you are aware that this was a requirement of the subdivision approval and must be completed before your bond can be released. In addition, two other subdivision requirements heve never been completed per my October 30, 1979 letter to you: 1. The two existing driveways onto County Road 6 were to be closed,, as soon as the new road was passible. This should be done by physically grading the driveways to match the surrounding ground and/or highway ditch and then seeding the exposed dirt. 2. The old garage encroaching on the new road outlot was to have been moved or demolished. When this work is done, your mailboxes and addresses will be Hollander Road, not Sixth Avenue. e y YSinc -P. Olson i llage Planner APO:kh cc: Mr. John Gerhardson Mr. Glenn Cook Telephone 173 73.W � \ CITY of ORONO Puel Office Roe 66•CrysulBay, Minn"" 56323• Municipal Ofaeea On the North Shore of Lake Minnetonka October 30, 1979 Mrs. Roy Hollander 250 Hollander Road Wayzata Minnesota 55391 Re: #412 Subdivision - Construction Progress Report Dear Mrs. Hollander: An inspection last week revealed good progress on this job with the new road fully gravelled and passible. I have the following comments to make per the requirements of plat approval and the development agreement: 1. The two existing drivew,?s onto County Road 6 were to be closed as soon as the n,w road was passible. This should be done by physically grading the driveways to match the surrounding ground and/or highway ditch and then seeding the exposed dirt. 2. The old garage encroaching on the new road outlot was to have been moved or demolished. 3._ The paving is to be completed by August 31, lA0. :nceVyC/r P. Olson Vi lage Planner APO:kh cc: Mr. John Gerhardson Mr. Glenn Cook TO: Mrs. Roy Hollander FROM: Alan P. Olson, Village Planner DATE: October 13, 1978 SUBJECT: #412 Subdivision Conditions of Preliminary Approval PRELIMINARY APPROVAL 1. Based upon preliminary plat dated August 19, 1978 and presented at the September 26, 1978 Council meeting showing Block 1 - 6 lots; Block 2 - 9 lots: Total 15 lots. 2. Approval given for Lots 1-4, Block 1 and Lots 1-4, Block 2 only,as these are only lots for which septic tests were provided. Remaining lot layout approved conceptually only pending future septic testing. 3. New road to be a private roadway platted as an outlot through entire property. Road to be constructed through at this time, or to have temporary cul-de-sac provided at end of first phase at owner's option. 4. All lots to have access via new private road including Lot 8, Block I and lot with existing dwellings. Existing curb cuts to County Road $6 to be closed upon installation of new road. 5. All wetlands to be protected with conservation easements to the City. 6. Septic resting approval for Lots 1-4, Block 1 and Lots 1-4, Block 2 per attached memo from Mike Gaffron dated September 5, 1978. 7. Garage on Lot1ke Block 1 to be relocated to meet street setback requirements. Permit required (see inspector). October 13, 1978 Mrs. Roy Hollander Conditions of Preliminary Approval Page 2 FINAL PLAT DRAWINGS 1. Submit for approval: 3 mylar copies 1 copy reduced to 1" - 200' scale 2. Plat entire property shown on preliminary plat including Tract C, RLS 1281 (the west driveway) and both parcels 3008 and 1025. 3. Plat Lots 1-4, Block 1 and Lots 1-4, Block 2. 4. Plat all remaining areas of Block 1 and 2 as two "outlots" including the existing houses and buildings on the same outlot. 5. Plat new private road as one or more outlots completely through property (complete loop). 6. Plat County Road No. 6 as 50 ft. wide from centerline (which includes 10 ft. of new width). 7. Plat all "Low ground" or wetlands as "drainage easements". 8. Plat "drainage and utility easements" 10 ft. wide (5 ft. each side) along all property lines of platted lots and outlots. 9. Plat additional "drainage easements" as necessary to accommodate drainage from the roadway construction. 10. Dedicate to the public on the plat the highway (County Road #6) and all drainage and utility easements. CONSTRUCTION OF ROADWAY IMPROVEMENTS 1. Complete attached agreement in duplicate and return at least 30 days prior to expected start of road construction or with the final plat submittal, whichever occurs first. A. Page 20, Exhibit C: complete estimate for Itees a, b, c, f, g&h. MEETING I FED s 1087 To: James R. Grabek, Mayor Mark E. Bernhardson, City Administrator Cf Y OF ORONO Orono Council Members From: Michael P. Gaffron, Asst Planning 5 Zoning Administrator Date: February 5, 1987 Subject: i1098 C. Wayne Leneave, 360 Wa6efield Road - Conditional Use Permit - Resolution Application - Conditional use permit for excavation of a decorative pond. Not a designated wetland. List of Exhibits Exhibit A - Memo and Exhibits of 1/16/87 Exhibit B - Planning Commission Minutes of 1/20/87 Exhibit C - Proposed Resolution Discussion: Please review the memo and exhibits of 1/16/87. Applicant is requestina permission to create a decorative pond on a low area of his property. Pond, as proposed, is just a few feet from neighboring property. That affected neighbor, Christine Earls, appeared at the Planning Commission meeting in complete support of the project. Applicant at the Planning Commission meeting, noted that all spoils will be transported to the Wayzata Country Club spoils site in Wayzata on th south side of Wayzata Boulevard. He also indicated there is no proposed ov, rf low or outlet, the intent is to keep the wat-r on the site, and that no banks will be built up but •4 11 be excavated at . gradual slope. City Engineer, Glenn Cook, h.--ommended approval, seeing this as a potential benefit to the watershed. Planning Commission recommended a roval, noting that a future conditional use permit to maintain this pone in its original configuration should not be necessary but will require a 9. ding permit for construction now and for any future maintenance. Staff Recommendation: Staff recommends appro al per the %ttached resolution which incorporates the requirements for sediment controls, revegetation, and dedication of a Conservation and Flowage Easement over the pond. City of ORONO RESOLUTION OF THE CITY COUNCIL }) � l.n• • NO. _ A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE 11098 WHEREAS,*C. Wayne LeNeave (hereinafter "the applicant") has an interest in the property located at 360 Wakefield Road within the City of Orono (hereinafter "City") and legally described as Lot 6, Block 1, Wakefield Farms Second Addition (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono for a Conditional Use Permit to permit the excavation of a decorative pond per Municipal Zoning Code Section 10.03, Subdivision 11 NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FiNDIW- 1. This application was reviewed as Zoning File 110�" 2. The property is located it the RR-1B Singlc .gamily Rural Residential Zoning District. 3. On ,nuary 20, 1987, the Orono Planning Commission reviewed the application as proposed and recommended approval, finding: A) The site of the proposed pond is a low area on the property that it not currently a designated wetland. B) The proposed pond excavation is intended to be approximately 7,000 s.f. in area and S' maximum depth. The estimated 1,000 cubic yards of spoil material to be excavated is proposed to be removed to a site within the City of Wayzata. ` The pond is intended to retain a:. influent run-off with no 1. _,pob ,d �tlet, and banks excavated t a gradual 4-1 slope. D) The pond ib proposed to be con:;tru. •:d near the boundary with the adjacent property to the south. That affected property owner is on public record as favoring the project. E) The City Engineer has reviewed the project and finds that the site is relatively high in the Lake 4ennetonka Watershed, and will likely act as a better nutrier.' retention area than the existing Site, a potent ,l benefit to the watershed. Palo 1 of 4 r City of ORONO RESOLUTION OF THE CITY COUNCIL .. NO. _. 4. The City Council hzs considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. 5. The City Council finds that granting a Conditional Use Permit to allow the excavation of a decorative pond will not be detrimental to the health, safety or general welfare of the public, wo: .d not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate sur`^ounding property values and that the proposed level of use of the p: arty will be in keeping with the intent and objectives of the ning 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 Conditional Use Permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit the excavation of a decorative pond, subject to the following conditions: 1. Revegetation of disturbed areas shall proceed immediately after grading is complete. 2. Material :o be excavated shall be removed to the spoils site in Wayzata as proposed. Applicant is advised that placement of fill off - site within Orono may require a fill permit for the fill site. 3. Silt fence or other erosion protective measures as required by the City shall be provided and maintained on the site during the pond construction process. 4. Applicant shall grant a Conservation and Flowage Easement over the pond areas, legal description to be provided by the applicant. S. A grading permit must he obtained by applicants contractor prior to commencement of the project. 6. Future maintenance of this pond may occur without further conditional use permit review, but a grading/land alteration permit must be obtained for any future maintenance dredging/grading of the pond. 7. Violation of or non-compliance with any of the terms and condi- tions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 f 4 City of ORONO RESOLUTION OF THE CITY COUNCIL ti NO. 8. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, a uccessors 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 9th day of February, 1987. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(a) Pa,l 3 of 4 MINUTES OF THE PLANNING UOMMISSION IlLETING HELD .IANUAitY 20, 1987 01090 HOLLANDER CONTINUED 9. Lot 1 does not weet the code requirements for a guest house, therefore, recommends removal within 6 months of final plat approval. 10. Existing house on Lot 2 requires a variance of 0.71 feet to the required 50' front yard setback, Planning Commission recommends approval of the variance. 11. Planning Commission declines to recommend removal of the existing barns on Lot 2 based on the City Attorney's opinion, but notes they should not be used for animals. 12. For Lot 1, for purposes of placement of accessory strucutres, Hollander Road is the front lot line and County Road 6 is the rear lot line. All accessory structures shall meet the standard 10' side setback requirement and shall be subject to a 50' rear setback (County 6). 13. For Lot 2, for purposes of placement of accessory structure, a 50' setback shall be required from all lot lines abutting County Road 6 or Hollander Road, and the standard 10' setback shall be required from the lot line abutting Lot 1. Accessory structures shall be no closer to County Road 6 the the extended front line of the existing (or future) primary residence on Lot 2, and no closer to Hollander Road than the 50' setback line or no closer than the future setback of any new house constructed on the property. 14. Planning Commission :•ecommended that a conditional use permit for accessory structures on Lots 1 and 2 is not required, except a conditional use permit should be required for accessory structures on Lot 1 if the City Attorney's opinion is that Lot 1 is a "through lot". Motion, Ayes 2, Nays 2. Bellows and Hanson voted nay. t1098 C. WAYNE LENEAVE 360 WAKEFIELD ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 9:35 - 9s47 The Affidavit of Publication and Certificate of Mailing was noted. C. Wayne and Anita Leneave were present for this matter. Assistant Zoning Administrator Gaffron explained the request for a conditional use permit for excavation of a decorative pond. Ile noted that the area proposed to be a pond is not a designated wetland but is a low area about 100' from a designated wetland casement. The pond as proposed is only a few feet from neighboring property to the south. 10 MINUTES OF THE PLANNING COMMISSION MEETING HELD JANUARY 20, 1987 01098 LENEAVE CONTINUED Christine Earls, 320 Wakefield Rd., neighbor to the south, was present and stated they are in favor of the proposal. It was noted that City Engineer Cook in general had no problem with the pond, noting that it is relatively high in the watershed above Lake Minnetonka and probable will act as a pothole to trap nutrients rather than send them along downstream, hence perhaps be of some benefit to the watershed. There were no other comments from the public and the public hearing was closed. It was moved by Chairman Kelley, seconded by Taylor, to recommend approval subject to the following conditions: 1. Revegetation of disturbed areas to proceed immediately after grading is complete. 2. Granting of conservation and flowage easement over completed pond area. 3. Protection of downstream drainageways by silt fence or other means during excavation process. 4. Removal of excavation material from site. 5. Applicant has the right to perform maintenance dredging without a conditional use pw-m+t, hnt must obtain the required grading/land alter. a permit. Motion, Ayes 4, Nays 0. 41099 CAROLYNNE A. HIGHS 2765 FOX STREET VARIANCE PUBLIC HEARING 9:48 - 9:53 The Affidavit of Publ! and Certificate of Mailing was noted. The applicant was not p it for this matter, however, Assistant Zoning Adv. Gaffron suggested that the Planning Commiss' .er this request in her absence. Assistant Zoning Administrator Gaffron explained the request for a front yard setback variance to construct a two-story deck to the front of her home. A survey of the property indicates that the existing residence is only 34' from the actual right -of -Ay line, although the paved roadway is more than 80' aw, Gaffron noted that as a result of the survey provide, for this application, it was discovered that the applicant' sdrainf field is located within the platted right-ef-way. This was recently installed and the location was approved by the City. Staff recommends that the drainfield be allowed to remain as -is, subject to the applicant executing a hold 11 To: Orono Planning Commission Members From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: January 16, 1987 Subject: 11098 C. Wayne Leneave, 360 Wakefield Road - Conditional Use Permit - Public Hearing Zoning District - RR-1B Application - Conditional use permit for excavation of a decorative pond. Not a designated wetland. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Plat Drawing Exhibit F - Topogaphy Exhibit G - Design Plans Pertinent Facts: 1) Area proposed to be a pond is not a designated wetland but is a low area about 100' from a designated wetland easement. 2) Proposed excavation appears to be roughly 901x100' oblong or about 7,000 s.f, in area (1/6 of an acre). With a bottom depth of 51, average depth overall of perhaps 4', staff estimates about 1,000 cubic yards of material to be excavated. 3) Pond as proposed is only a few feet from neighboring property to the south. 4) (See topography) drainage away from the pond area is either to the southeast or northeast, through a culvert underneath Wayzata Country Club's 6th fairway to the Wayzata Country Club's series of ponds and ditches. 5) Applicant has not, as of this writing, indicated whether there will be an overflow or outlet to the pond, how the banks will be graded, or where the spoils will go (on -site or off -site). These concerns were expressed by City Engineer, Glenn Cook, during his review of the site on 1/14/87. 6) Cook in general had no problem with the pond; noting that it is relatively high in the watershed above Lake Minnetonka and probably will act as a pothole to trap nutrients rather than send them along downstream, hence perhaps of some benefit to the watershed. Zoning File #1098 January 16, 1987 Page 2 of 2 7) As of 1/14/87, the pond area had no standing water, no evidence of cattails or other aquatic vegetation, and apparently some trees or brush has been previously cut from the pond area, hence it appears the applicant is creating a pond where none existed previously. Staff Recommendation: Applicant is requested to provide additional information regarding: a) Whether or not an overflow or outlet is intended? AJON45 b) How will the banks be shaped? (ND 6V ILT-UP rj'-V � -" VCI KrBL e•Fae P4oPowt- A-r f 4-1 2't-0er�) c) Where is the spoil material proposed to be placed? (Conditional use permit probably required for spoil placement if off -site and within Orono. ) A- Uj"ZAprA C,C. Dt,polkL :err /r., C,rr, of Wt),Iz�A d) How will finish grades affect neighboring property to the south? NO C:If+.r'C•C ;c+ /N i'FwOR OF PO-ca,c e) Applicant is advised to contact the Minnehaha Creek Watershed District (473-4224) for a determination whether they will require a separate permit for creation of this pond. Given that these questions can be adequately addressed, staff recommends approval of the conditional use permit for pond excavation subject to the following: 1. Revegetation of disturbed areas to proceed immediately after grading is complete. 2. Granting of conservation and flowage easement over completed pond area (legal description to be provided by applicant). 3. Protection of downstream drainageways by silt fence or other means during excavation process. y, FNn eE Mar ✓rent/ N�c µwq DCcve wt+K our CLAP vw� wt« K tau We rC I &7 PER /_L P6o Vr L/- o Ivy ii•/�-low �q �_la .. I ''• r t t nTrl v� TA% iTOO t' GaF� ^p� CITY OP OoO / -GEN LAND OEE APPLICk41611 / _ ---------------------------------------------- PROPERTY LOCATION Site Address 3 6 P WA Property Identification Number (P.I.D.)3/ i',.. Please check one - Is the property ✓ abstract or torrens7 (for Conditional Use Applications onl�— Please attach legal description to application if not included on required survey. APPLICANT Name Mailing Addre ; 26 D M XAN Ellb Phone 473-1008 N•4SY2.•07710. Own= . Name rloym OWITA Lwa" Phone 173-7.a02 :41SY-L-07770 Mailing Address .? (.0 WPoTr'tiv 40. hRy'M7'A� Ah t ss37) Date Prop Acqui_red _�Ndr..., I )960 (montn/year) -----I (do) (do not also own the adjacentparcels of land. MM - CONDITIORRI, OSR PERMITS $100.00 a) Residential accessory Use $150.00 b) Institutional (church, schocl, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use ✓ $200.00 f) Land Alteration ✓/ Grading and filling - 101 cu. yd. or more Seawall, retaining walls within 751 of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS $150.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation 6 50.00 Easement Vacation with Subdivision OTHER APPLICATIONS - CONT. $250.00 Rezoning $200.00 Appeals Other - see fee schedule __________________________________________________________________________ PRESENT USE OF PROPERTY Present Zoning District 7, Present Use of Property La� Residenti 0Ot er (specify) __________________________________________._________--__ DESCRIPTION OF REQUEST T ' Describe request in detail: �,y,� (p�iq.w.� iar,.+Q detail: w - f L _ sr.... r h..�.M�w.�. _ c.r�dt.,. ) = i IRED SUBMITTALS /1. Completed Application Form. /s. / 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 (i10) pre -addressed to each of the names on the above list with no return address. 0.) Certificate of survey. /) Construction plan, if applicable. Plat Map. (9iq INCH w I" rk e-1 UWNCKN LAST - ---------------------------------------- ------------------------ The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplieis true and correct to the best of his/her knowledge. Applicant's signature OWNERS SIGNATURE The owner hereby acknowled a and agrees to this application and further authorized reasonable entr onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verycation of t is request. o� Owner's signature /7 Date Applicant moat h8ve all pu it s into the City offices 25 days before the Planning Commission MeeeyIn Planning the Meetings are held on the third Monday of each mohth. RUN DATE 12/0I/86 HENNEPIN [ONNTY PROPEPTY INFORMATION SISTEM REPORT NO. PI435401 `1 FROPEPTY CLWERS LIST PAGE 7 BATCH 004 M M-118-23 13 0003 M 36-118-21 13 0006 38 36-118-23 13 0007 PROP =2 00505 FERNDALE RD N 00507 FEMALE RD N d TN HAMS WATZATA COIMTR: CLUB T A P O'CONNOR K A Z DECKER TAIPAYE➢ WAYZATA COUNTRY CLUB TIMOTHY M O'COONOR KUM P BECKER I:r_/A00A P 0 BO% 151 505 N FERNDALE 507 N FERNDALE RD A WAYZATA MN 55391 WAYZATA Ml 55391 WAYZATA HM 55391 38 M-118-23 24 0003 38 36-118-23 24 0004 38 36-118-23 24 0006 PROP AGAR 00410 NAKEFZELD PO R N t J l ON '.W:E B DAYTOJ B DAYTO9 TAKPAYEA TAXPAYER ER 1ST NAIL BAWL OF ST PAUL ANK CE B OONG BRUCE BRLK:E B DATTON .� NAME/t0011 ATM SPACE OD L RD 990 LONG RAKE RD INNS 332 MIl31E5I1TA 5T I120 PIF M 5539 2ATA Mi 55393 ATA WAYZATA t01 5539I ST PAUL hi sstot M M-liB-23 24 0007 38 31 ORD 38 36-11AKEF 31 O012 PRO? ANA 00240 NAKEFIEID RD 0 WAKEFIELD 00250 WAKEFIELD FO D.:FR NAME U-M B N BENSOI A J L N E E FEAR IL PAUL BASZUCKI .. TAYPAYER 'fSTL BANK OF ST PAUL ST PAN NILLIAM A ELD ROA FERRIL PAUL BASZUCKI N1MF/AOOA A ,Ue SPACE A WAKEFIELD ROAD WAKEFIELD 250 AAKEFIELO RD - SOTA 5T 1120 FWt ORO 6NCIK1 NN 55391 WAYZATA N0i 55391 ST PAUL ST PAUL IDl 55101 _" I� 38 M-118-23 31 0013 =D 36-:18-23 31 0014 38 36-118-23 31 0015 c i1 PROP ANON 00280 WAKEFIELD NO 00320 WAKEFIELD RD 00360 WAKEFIELD RD w.;ER NAME L 1 0 JOHNSON 9 8 EARLS t C D EAR S C A A LENEAVE TAYPAYER LLOYD P A ROSALIND G JOHNSOi R SRUCE EARLS C WAYNE A ANGIE A LENEAVE Nan[/ADUR 200 WAKEFIELD RO 3'.0 WAKEFIELD RD 360 WAKEFIELD RD n, WAYZATA M 55391 'A" M1 55391 WAYZATA MN 55391 \yyJ ,1 A j C--) M M-118-23 31 0016 38 M-118-23 31 D017 M M-116-23 42 0003 PRM =2 OB375 WAKEFIELD RD =;ER NUPE R N BENSON L J L BENSOI D K E A C WARNER WAYZATA COUNTRY CLUB TA)PAY[P IST 11%TL 0AKK OF ST PAUL DALE K A AMN C WARNER WAYZATA COUNTRY CLUB ,X; /.DDR ATM JANE SPACE 375 WAKEFIELD RD PO BOX 151 312 MINNESOTA ST 1120 PA WAYZATA M1 55391 WAYZATA MN SS391 ST PAUL MN 55101 PROP AMP cz;ra NAME TA2-ATEP TOTAL BATCH 004 04015 /� NM[/AOON 9 1i1 6 ${ i rIF x nr w t N� fna uvramPfvN v �N rPP6 ii ♦JIv6Y 'o f. cT iP'W) R 24W 2 9.M—22g.Si — — —•fit — — — — — ]00.00 — " -' — _ -� .... 242 W — — 30860 '�I`M1 ols.lw4 �. i ��• I I i� II o , J LAN) \ 6 14 1 :ale'a.. OLI op �OOy. 3 I � O s•._ L��p^�Z 4 �t L,./ � I fI{T' � a„ 4. •Sr / °�a R � "_' it ,� °>;'�,.t.� ; • �'Ea • \ � 'Pe t -- ' 4' I}�4a oll •i ` , t: N 0e10'05" GA-OSs- SElGri &rJc 90� 100 3(0o W KIW cj� ". WAy� A M N St"71 C'-;d >a MEETING 4 f cD 9 1987 To: James Grabek, Mayor _ i1 vn Mark E. Bernhardson, City Administrator CAA OF ORONO Orono Council Members From: Michael P. Gaffron, Asst Planning 6 Zoning Administrator Date: January 22, 1987 Subject: 11099 Carolynne Hibbs, 2765 Fox Street Variance - Resolution List of Exhibits Exhibit A - Memo s Exhibits of 1/7/87 Exhibit B - Proposed Resolution Exhibit C - Photos, Drawing of Proposal Disc • sion: .,.ease review the memo and exhibits of 1/7/87. Applicant requests a front setback variance to allow a 6' wide 2-story deck addition. At their 1/20/87 meeting, Planning Commission recommended approval of the variance, finding that the encroachment has no visual encroachment effect within the neighborhood, the hardship being the discrepancy between the right-of-way and the actual traveled roadway. Planning Commission further recommended that no Hold Harmless Agreement be required for the septic system within the right-of-way, indicating the City should not force applicant to give up her right to make a claim against the City if at some time in the future the City disrupts the septic system, since the City staff approved the system location. Staff Rec ndation: A resolution ref '.e�`Lng toe Planning Commission recommendation is attached for Council review. PROPOSED MOTION: Moved by _, seconded by _, to approve a resolution granting a 22' front setback variance to Carolynne Hibbs at 2765 Fox Street for the construction of a 2-story deck addition. Vote: _ ayes, _ nays. TO: Mayor Butler Mark Bernhardson, City Administrator Orono Council Members Planning Commission Members FROM: Michael P. Gaffron, Assistant Planning a Zoning Administrator DATE: January 7, 1987 SOW: #1099 Carolynne Hibbs, 2765 Fox Street - Variance Zoning District - RR-1B Lot Area - 3.0 Acres total, 2.2 Acres dry Pertinent Ordinances - 10.28 Subd. 5(B) Front yard setback required: 50' Proposed Front yard setback: 28' Variance - 22' or 44% List of Exhibits - A - Application B - Plat Map C - Property Owners List D - Survey E - Survey with Septic System Location F - Staff letter to applicant 12/10/86 G - Proposed "Hold Harmless" agreement Discussion - The applicant is requesting a front yard setback variance to construct a two-story deck to the front of her home. A survey of the property indicates that tine existing residence is onl.y 34' from the actual tight -of -way line, although the paved roadway is more than 80' away. The platted corridor for Fox Street does not coincide with the actual traveled surface and in fact, as we have seen in more than one plat on the north side of Fox, the traveled road is in the north half of the 66' r<-d corridor and sometimes not even within the corridor. Staff Racassradatios - Given that the City has no plans to relocate the traveled roadway, and given that the applicants perceived front yard is actually right-of-way, staff recommends approval of the variance for the two-story deck. �I P',[. 1'20-¢I'7 i"••or.-t +x c.�h••ewc N Va[r.rn[E.slRnoru.��..r0►C TWT GtfJwS( [�+Y F<F�.,,r � PnanwrL !rr .•< 5v t•r.•- 'Tn tiP PL,A t' wrrv.N /ILa�.li. wA•f w, Y-. n...r _, i) iI'Ar A WI:, �'n.crre.- /Q [.rN'F P. /v=r aP W%).W r a eo AIR ✓l+r !✓, r� ANv F'.♦ Ly r'•"ir._OF t^ sr GrK=-:.•r.w ; t'•_'.. C•N L'nY4 P. : r •„� ✓i "H 'I `•R+.v 6�1 ( i,�t /hh . • CC4Wj% -I' Zoning File #1099 January 7, 1987 Page 2 Septic System Location - A: a result of the survey provided for this application, it was discovered that the applicants drainfield is located within the platted right-of-way. This was recently installed (1986) and the location was approved by City staff based on apparent (but now disproven) property lines. Again, given that this right-of-way is perceived and used as front yard area, and that the City has no current plans to relocate or widen Fox Street, staff recommends that the drainfield be allowed to remain as -is, subject to the applicant executing a hold harmless agreement, so the City would not be liable for damage to the system if in fact the road is widened or shifted in the future. ,C�cc. �# Zozos CITY OF ORONO —VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) .. ------------------------- PROPERTY LOCATION Site Address 2765 Fox Street, Wayzata, NN 55391 - - Property Identification Number (P.I.D.) 04-117-23-43-002 Please check one - Is the property I abstract or _ orrens7 Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Name Carolynne A. Hibbs Phone 476-4349 Nailing Address 2765 Fox Street, Wayzata, MN 55391 OWNER Name Carolynne A. Hibbs Phone 476-4349 Mailing Address 2765 Fox Street, Wayzata, MN 55391 Date Property Acquired May, 1986 (month/year) I (do) not) also own the adjacent parcels of land. PkESENT USE OL _'ROPERTY Present zoning District RRIH Present Use of Property Residential Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ 3,000.00 Describe request in detail: Addition of a two story deck is requested so that the home will have a front o ea f -g Ere row. _ VARIA1w-ES REQUIRED Lot Area Lot Width Hardcover Setback Variances ( X Front Side Rear) Other ----------- HARDSHIP c Describe undue hardship or practical difficulty resulting from strict enforce Aunt of zoning regulations: Platted right of way extends to within 34' of home and a 50' setback is required. - ___________________________________________________________________________ DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describeunusual Code Requirements ace with Zoning on the _______________ REQUIRED SUBMITTALS 1. Completed Application Form 2. Cert1 Property Owners List of owners within 150' (you can obtain this a.ei. from Hennepin County Department of Finance A-603 Govt Center 348.3271). 3. Stamped, legal sized envelopes (410) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover /`glculml-ions as required. 5. Plat Map. _________________________________..-___________-________-_-_____-----__-_--_ The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. __________________________________________________._-__-_______--_-_-----__ APPLICANT'S sIGNATURE The applicant hereby agrees to provide r . information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenseb incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature _( eg. -�✓<Date Vi2 SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verification of this request. Owner's Signature Date Z _____________________________________._--___.-_______--____-______________ Applicant must have all submitta'- into the City offices 25 days before the Planning -fission Meeting. Planning Commission Meetings are held on the third Mon, of each month. 1 Z q` 3 �. /447 0A 4 MC (�) 4�0 3P. (il a A (17rft0 t34F) Q) a 466.04 WT xo m iw J is 232�6 232. : 't (2) nor 3 n wN T 3 n so 23 23 2V25 -- ------------------- — ; i 6 � 1a ' 16,e RON GATE ILIOXM I WTC11 001 33 54-117-23 34 0004 P'- .0oP WIER NA` T A S AMLSTRON TAXPAYER TMOIAS E MLSTRON NANF/MOR 2101 FOX ST LONG LAXE M 55356 36 C4-117-23 42 0005 PR0- ADOR 02740 FOX ST OWNER RIME 0 E DRESSEL ETA TA6FAYL9 ORVILLE E MISS— NAM�/ADOR 2740 FOX ST WYZATA M 55391 36 04-117-23 43 0004 PROP ACOR 00700 OLD CRYSTAL BAY RO 5 OWIER NAME RAINEY MANAH A10ERSOH TAZPAYF9 RAMEY ANDERStN NUIE14DOR 780 OL' CRYSTA' 4AY FD WAWA' R - HENNEPIN COlANT1 PROPERTY INFORMATION SYSTEM PROPERTY C'AIERS LIST IS O4-I17-23 34 00% J F KEMP E L NOVOTNEY-KEMP JEROME F KEMP 2800 FARVIEW LA LONG LAKE M 55356 38 04-117-23 43 0002 02765 FOX ST E A L STRICKLAND C'ROLYNIE A HIBBS 34e LAKEVIEW AVE LOW LAKE M 553% 30 04-I:7-23 43 0- 92750 FOX ST MMMETOHKA ALAND GRUMP INC h NMETONKA ALANO GROUP 2760 FOX ST LOW LACE M 55356 REPORT W. PI435401 PAGE 1 38 04-11: 23 42 0004 02T20 FOX ST LYLE R OLSON ETAL LYLE R OLSON 2T20 FOX ST WAYiEATA M SS191 O4-117-23 43 0003 01675 FOX ST STEPHEN 6 KASTER STEFHEN ) KASTER 2675 FOX. ST WAXLATA M 55391 TOTAL BATON 001 COOOB I CERTIFY THAT THE FACTS REPRESEMED ARE AN ACCURATE AM TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OE THE HEMEPIN COWY CEPMTMEM OF PROPERTY TAXATION. TO THE BEST OF MY KNOHLEDGE AM BELIEF. GATE IR BY I L '—� DATE 12/30l36 NEWIEPIN COOITI WOPERTY '.NFOMATION $YSTOI REPORT M. PI435401 • N,TPEPTY OATH LIST PAGE I !ETCH 101 35 04-117-23 54 0004 :0 04-117-23 34 0'% 3P 04-117-23 42 0004 _ PPOP ADOR 02T2O FOX ST 04EW WHE T 3 ! AHLSTRW J F X' L L NOYOTNEY-XEW LYLE R OLSON ETAL TAXPAIER T�S E AHLSTROM AM \EMP LYLE R OLSON NAME; L00R Z.01 FOX ST 2501 IV LA 2T<0 FOX ST LONG LAXE MN 55356 LU G . . M1 55356 WAYZATA M2 55391 tR M 4'' b C4-117-23 42 0005 b W-117-23 43 OOOI IS 04-I17-23 43 0003 - e KOP A02P 02740 FOX ST 02765 FOX ST 02675 FOX ST Q ER HAM 0 E OFESSEL ETAL E 5 L STRICXLANO STEPHEN G XASTCR TAXPAYER q+'IILLE E DRESSEL C'ROLYNNE A HI085 5TEPNEN G XASTER ^ N '-'ADDR 2740 FOX ST 36Z IAREVIEN AW 2675 FOX ST WYZA':A MI 55391 LONG ME MN 55356 WAYZATA 1N 55391 - 43 0004 b 01 SOLD b 04-1 43 OOtI ACOR 00700 OLD CRYSTAL BAY PO $ C FOX ST FM S OOY:R NAME W.1 RADNEY A�DERSON MINNE MINNETOL(A ALANO GROUP SNC ^ T1%PLIED ANOMS RAINSL 1FRYSTAL ALANO 6ROlIP TOTAL BATC.- 001 00008 1LLY/ADO➢ 750 OLD CRYSTAL !AY RO 2760HINNETOWAS ST WAYZATA MN 55391 LONG M LONG LAKE KN 55356 _ I ''FRTIFY THAT THE FACTS REPRESENTED ARE AN ACCPATE AM TRUE ^ -ESEWATIW OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS THE HENHEPIN COCWY DEPARTMENT OF PROPERTY TAXATION. TO THE OEST 0, MY KNOWLEDGE AND BELIEF. DATE- I` �'.4'8T I & CV 4 —S Certificate of Survey ® V for Carc Lynne A. Hibbs in Lot 25, Auditor's Subdivision No. Ne.mepin County, Minnesota STREET Lr.•rS)J KAY/��MrM � i JfS. 06 NA Mr•/Ji%r C'• y rr r. s. WZ e3� m M A Certificate of Survey for Carolynne A. Hibbs In Lot 25, Auditor's Subdivision No. 229 Hennepin County, Minnesota • _ _ FOX _ T ^— STREEq h Nr.+A /l•/..ly iwr eF � erA ))J eFOe/gip#i99 h �� Jeuq nr ./ fa /r � • r_� f�.... vt3 u „ 7 . a ti^ h I >a �I la r � la 0 h, CITYofORONO Prot Offu,• IMv(4, 1 Crysu kl Bay, M,n c—Li ra:ul•M n,,rlyal Off--% �j}-4ruC. On the North Shore of Lake b/innelnnka December 10, 1986 Carolynne Hibbs 2765 Fox Street Wayzata, MN 55391 Re: Proposed Decks Dear Ms. Hibbs: We have reviewed your survey and proposal to construct decks on the front of your existing residence.' We were quite surprised, as I'm sure you were, to find that the platted right-of-way extends to within 34, of your home. Because the front setback requirement is 50' in the RR-1B zoning district, your proposed decks require a variance. I have enclosed the appropriate application form which would have to be returned with the proper fees and submittals by December 23 in order to be placed on the January 20, 1987 Planning Commission agenda. The earliest final approval by the City Council would be February 9, 1987. I have also attached a scale drawing of the locatiot: of your septic system. As it turns out, your drainfield appears to be entirely within the right-of-way. Since this is a recent installation approved by the City without knowing it was in the right-of-way, we have no intent at this time to require its removal, especially since it occupies perhaps the only good location (from a soils/topography standpoint) on your perceived property. If at some future date the City proposes to wider or realign the road, at that time you could expect a change in this pol_cy. For the present, we will only ask that you sign a hold-harmlesss agreement absolving the City from any claims arising from work done by the City within its right-of-way. Please contact me or Jeanne Mabusth at 473-7357 if you have any questions. S incer Michael P. Ga"ron, Asst Planning c Zoning Administrator MPG/tln cot Jeanne A. Mabusth, Zoning Administrator John R. Gerhardson, Public Works Coordinator Mark E. Bernhardson, City Administrator KIUD GAIMING -A7345A • ADNINBTMA710] A FIN SNIT-471.7139 • N@IK-WONKS-4'17159 AS/mING HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Carolynne A. Hibbs, on behalf of herself, her heirs, successsors, and assigns, hereby agrees to indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of her performance of the following improvements: Damage to or destruction of private improvements including but not limited to driveways, landscaping, and on -site sewage treatment systems as a result of road construction, reconstruction, or maintenance within the dedicated right- of-way of Fox Street. Carolynne A. Hibbs STATE OF MINNESOTA ) as. COUNTY OF HENNEPIN ) The f :egoing instrument was acknowledged before me this _ day of , 19_, by Notary Public My Commission Expires 9 WIN I Rimini ,III maim, VIA W FROM - OX NO SGA.L-c ,5T. r' r3� v"cw u, -�. e ri✓, s i.e r..,,L i s �.c w....ir• row D 4e. r., trT �•wL 0 City of ORONO RESOLUTION OF THE CITY COUNCIL • NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL BONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE #1099 WHEREAS, Carolynne A. Hibbs (hereinafter "the applicant") is the owner of the property located at 2765 Fox Street within the City of Orono (hereinafter "City") and legally described as follows: The west 365 feet of Lot 25, Auditor's Subdivision No. 229, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the zpolicant has applied to the City for a variance to Municipal Zoning Cede Section 10.28, Subdivision 5 (B) to permit the construction of a 2-stcry Seck addition to be located 28 feet from the front !.ot line where a 50 foot front yard setback is normally required. NOW, THEREFORE, BE IT ABSOLVED by the City Council of Orono, Minnesota: d;i ] ( 2*3 1. This application was reviewed as Zoning File f1099. 2. The property is located in the RR-115 Single Fam'ly Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on January 20, 1987, and recommended approval of the propose9 variance based upon the following findings: A) The proposed addition will have no visual encroachment effect on the neighborhood. B) Applicants hardship is the location of the dedicated right-of-way in relation to the actual traveled roadway and the long-term historic use of right-of-way as yard area. 0. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the coumnity. Page 1 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.28, Subdivision 5 (S) to permit the construction of a 2-story deck addition to be located 28 feet from the front property line where a 50 foot front yard setback is normally required, subject to the following conditions: 1. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (February 9, 1988). 2. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate Any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned applicant has read, understood 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 9th day of February, 1987. ATTEST: Dorothy M. Hallin, City C erk Jemes R. Grebe , Mayor Property Owner eT� Page 2 of 3 a MEETING I � F T9 9 1s87 To: James R. Grabek, Mayor �js OF ORONO Mark E. Bernhardson, City Administrator Orono Council Members From: Michael P. Gaffron, Asst Planning 6 Zoning Administrator Date: February 6, 1987 Subject: #1100 Michael Plank, 4145 Watertown Road - Conditional Use Permit - Resolution List of Exhibits Exhibit A - Memo and Exhibits of 1/15/87 Exhibit B - Planning Commission Minutes of 1/20/87 Exhibit C - Proposed Resolution Discussion: Please carefully review the memo and exhibits of 1/15/87. The applicant is proposing to move a second house onto his 17 +/- acre property on Watertown Road. This is a 5-acre zone. Septic testing is acceptable. The proposed house location can meet the required setbacks. Given the applicant's intent that this become a second primary dwelling on the property and eventually be sold off, we normally would be processing a subdivision at this point. However, applicant had the opportunity to purchase the house to be moved in, and had to act quickly to get it moved offits present site in Minnetrista. He proposes to treat this as a guest house for now, and proposes to subdivide prior to any occupancy (guest house, rental, or other). Planning Commission Recommendation: Planning Commission recommended 4-0 to approve under the following conditions: 1. The conditional use permit for a guest house use is temporary and shall expire after one year. 2. A subdivision application must be filed within one year of conditional use permit approval, prior to expiration of the conditional use permit. 3. A Certificate of Occupancy for the structure shall not be issued until the subdivision has been completed. 4. Applicant must place the structure on the property in the location that will meet anticipated future subdivision requirements for lot area, lot width, and setbacks. S. A temporary access permit must be obtained from the Public Works Department to fill the ditch to bring the house in, such access not to exceed a 6-month period, after which access to the structure must be from the existing driveway on the property. Zoning File 11100 February 6, 1987 Page 2 of 2 Staff Recommendations As a result of further discussions with the City Attorney and in attempting to not stray too far from the intent of the Code, staff now proposes a slightly different mode of approval, as follows: 1. The conditional use permit for a guest house use is granted on a permanent basis. 2. A Certificate of Occupancy will be granted when the guest house is complete and ready for occupancy as a guest house. 3. There will be no time limit set for completion of the anticipated subdivision; however, the conditional use permit approval resolution will contain the advisory (to be acknowledged by applicant) that he is liable for the completion of the subdivision prior to any dual - principal -dwelling use on his property (i.e. if he .noves into the new house, he cannot rent his old house and vice -versa). 4. Some form of security, be it letter of credit, bond, or ? will be required to be filed with the City, to be forfeited as a penalty if rental or other dual -principal -dwelling use occurs prior to subdivision completion. Such use shall be considered to occur at such time that the second structure on the property is occupied for more than one month by any person(s) other than a non -rent paying relative or a non -rent paying full-time employee of the applicant. 5. The City is under no obligation to approve a subdivision of the property solely based on the issuance of this conditional use permit. 6. Applicant will be responsible for obtaining a temporary access permit from the Public Works Department in order to move the structure onto the propoerty. Such permit shall be granted subject to appropriate drainage and traffic controls being provided as determined by the Public Works Department. The duration of such permit may he limited or extended at the discretion of the Public works Coordinator, but in no case shall exceed a period of 2 months. After that access permit expires, all a,.cess for constr,,-lion and use of the guest house shall be via the applicant's existing driveway. The above conditions have been incorporated into the attached conditional use permit resolution for Council's review. City of ORONO RESOLUTION OF THE CITY COUNCIL �.1 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (G) FILE #1100 WHEREAS,, Michael. Plank (hereinafter "the applicant") is the owner of the property located at 4145 Watertown Road within the City of Orono (hereinafter "City") and legally described follows: Exhibit "A", attached; and WHEREAS, the applicant has applied to the City of Orono for a Conditional Use Permit to permit the construction and use of a guest house per Municipal Zoning Code Section 10.20, Subdivision 3 (G). NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 11100. 2. The property is located in the RR-lA Single Family Rural Residential Zoning District. 3. On January 20, 1987, the Orono Panning Commission reviewed the application as proposed and recommended approval, finding that: A) The property contains in excess of the 10 dry buildable acres required for a guest house use in this 5-acre minimum lot area zoning dist-ict. B) The proposed guest house location can meet the lot area, lot width, and setback standards in order to be suitable for future subdivision. C) The applicant's intent is to eventually subdivide so that this guest house will become a principal residence within Its one defined legal lot. D) The septic testing report subm.tted indicated the proposed house location will have suitable primary and alternate drainfield sites. Page I of 4 City of ORONO rye.. RESOLUTION OF THE CITY COUNCIL NO. _ 4. Access to the guest house should ultimately be via applicant's existing driveway in order to avoid additional curb cuts on Watertown Road, until such time that a subdivision is created, at which time access to the entire property and surrounding properties should be addressed comprehensively. 5. Because the Council recognizes the applicant's ultimate intent for the pruposed structure is other than a guest house use, Council finds it appropriate to require some form of security to ensure that a second principal residential use does not occur on the property prior to subdivision. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. 7. The City Council finds that granting a Conditional Use Permit to allow the construction and use of a guest house will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.200 Subdivision 3 (G) to permit the construction and use of a guest house, subject to the following conditions: 1. Applicant shall be responsible for obtaining a temporary access permit from the City for purposes of transporting the proposed structure on to the property. Such permit shall be granted subject to appropriate drainage and traffic controls being provided by applicant. The duration of such permit may be limited or ,:xtended at the discretion of the City, but in no case shall exceed a period of 60 days. After that access permit expires, all ac.-ass for construction and use of the guest house shall be via the applicant's existing Ariveway. 2. A Certificate of occupancy will be granted upon completion of the guest house. The guest house is for the sole use of the occupants of the principal building, including their non-paying quests or domestic employees. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1 3. Applicant shall provide security in the amount of $2,000 to be forfeited as a penalty if rental or other dual -principal -dwelling use of the property occurs prior to completion of the appropriate subdivision. Such use shall be considered a violation of the Zoning Code and of the conditions of this permit. and shall be considered to occur at such time that the second structure on the property is occupied for a period of 30 days or more by any person who is not a non -rent -paying relative, guest, or full-time employee of the occupants of the principal dwelling. 4. This conditional use permit does not prohibit the use of the new structure as principal dwelling when at the same time the existing residence is reverted to a guest house use under the conditions specified herein. S. Applicant, in signing this document, acknowledges that applicant is liable for completion of the subdivision prior to any dual - principal -dwelling use of the property. No time limit is set for completion of that subdivision under the terms of this conditional use permit. The City of Orono is under no obligation to approve such a subdivision solely based on the issuance of this conditional use permit. 6. Violation of or non-compliance with any of the terms and condi- tions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th day of February, 1987. ATTEST: Dorothy M. Hal n, City Clerk James R.Grabek, Mayor Property Owner(s) Page 3 f 4 MINUTES OF THE PLANNING COMMISSION MHETING ❑HLD JANUARY 20, 1987 01099 HIBBS CONTINUED harmless agreement, so the City would not be liable for damage to the system if in fact the road is widened or shifted in the future. Given that the City has no plans to relocate the traveled roadway, and given that the applicants perceived front yard is actually right- of-way, staff recommends approval of the variance for the two-story deck. No one was present from the public, regarding this matter and the public hearing was closed. It was moved by Taylor, seconded by Hanson, to recommend approval per staff recommendation except that Planning Commission recommends that a hold harmless agreement should not be required. Notion, Ayes 4, Nays 0. #1100 MICHAEL PLANK 4145 WATERTOWN ROAD CONDITIONAL USE PERMIT PUBLIC HEAPING 9:54 - 10:25 The Affidavit of Publication and Certificate of Mailing was noted. Michael Plank was present for this matter. Assistant Zoning Administrator Gaffron explained the request for a "temporary guest house conditional use permit". Applicant wants to move a second residence onto his property containing about 16.8 dry buildable acres. He intends to locate this residence so that it will meet the required setbacks and lot area requirements for a for a future subdivision. Applicant would be subdividing now, bit the subdivision could not be completed in time to meet applicant's tight time schedule for acquiring and moving the structure from its present location outside of Orono. Applicant agrees to the standard conditions allowing use of the structure only by occupant of the existing house, and that he would escrow funds to complete the subdivision process. It was noted that septic sites have been tested and are suitable for a mound sewage treatement system near the homesite. Joe Sawchuk, 4105 Watertown Road, adjacent property owner, voiced his concern about the applicants desired driveway access to the new residence. He feels a driveway between applicants existing house and his house will reduce the value of his property. He felt the most logical location for the driveway would be the where the existing driveway is, to serve the house to be moved in and possibly a third residence. 12 MINUTES OF THE PLANNING COMMISSION 1:1'ET111G HELD JANUARY 20, 1987 i1100 PLANK CONTINUED Mr. Plank felt there were problems with using the existing driveway. Chairman Kelley stated that Planning Commission may have no problem granting the temporary guest house use, but recommended that the future access be resolved before submitting the application to Council. Staff and Planning Commission recommended that after the house is moved to the site, applicant must use access from present drive. There were no other comments and the public hearing was closed. It was moved by Hanson, seconded by Taylor, to recommend approval of the conditional use permit for a "temporary guest house use" for a period of 1 year per staff recommendations and subject to the following conditions: 1. Temporary permit obtained to fill in the ditch (needed for access to move house in) for a period of time set by the Public Works Coordinator. 2. After 6 months all access must be made from the existing driveway for reconstructiob of new house. 3. Subdivision application proceedings be initiated within 1 year. Motion, Ayes 4, Nays 0. #1101 JAMBS B. MERTES 3237 CASCO CIRCLE R.BMBNAL VARIANCE PUBLIC HEARING 10:29-10:32 The Affidavit of Publication and Certificate of Mailing was noted. Mr. 6 Mrs. Jim Mertes were present for this matter. Assistant Zoning Administrator Gaffron explained the request for renewal of lot area/lot width variances granted previously on 1/13/86. No changes are requested from the previous approval. Mr. Mertes explained that because he has been unable to sell his Shorewood residence he has not been able to commence construction of a new residence on Casco Circle. He anticipates that construction will begin in '987. No one was present from the public regarding this matter and the public hearing was closed. 13 TO: Mayor Grabek Mark Bernhardson, City Administrator Orono Council Members Planning Commission Members FROM: Michael P. Gaffron, Assistant Planning 6 Zoning Administrator DATE. January 15, 1987 SUBJ: 41100 Michael Plank, 4145 Watertown Road - Conditional Use Permit - Public Hearing Application - Temporary "Guest House" - Conditional Use Permit for second structure on property intended for future division. Pertinent Ordinances - Section 10.03 Subdivision 7: One Building Per Lot. Except in the case of Planned Residential Developments as provided for hereinafter, no more than one principal building shall be located on a lot except that staff may issue a permit to use a manufactured home that shall meet all required setback standards or an existing dwelling while a new principal structure is being constructed. Such permit shall be issued for a period of 3 months, any extensions must be approved by the City and shall expire upon issuance of a certificate of occupancy for the new structure and such structure removed. Section 10.20 Subdivision 3(G): Subd. 3. Co�nil Uses. Within any "R-lA" One Family Residential District, no structure or land shall be used for the following uses except by conditional use permit: G. Guest Houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non- paying guests. All regular lot requirements shall be met by the guest bOaM. ieeAb List of Exhibits A - Application B - Plat Map C - Property Owners List D - Letter of Request E - Survey F - Photos of house to be atetad is sN proposed building site G - Airphoto Copy Pertinent Facts - Zonina District _ RR -IA 5-Acre Lot Area - 19.6 Acres + Total 16.8 Acres + Dry Buildable 2.8 Acres + Designated Wetlands Zoning Application 41100 January 15, 1987 Page 2 Proposal - Move second residence onto property under Temporary Guest House Conditional Use Permit - pending future subdivision as shown on survey. S,tbacks Proposed Required Front 150'+ 100, Right Side 1001+ 50, Left Side 1001+ 50, Rear 675' 100, Wetlands 70' 26' Note: This is not a conventional Guest House Conditional Use Permit application because applicant's intent is to divide off the lot to make the proposed house a separate tax parcel. Staff accepted this application only because the property obviously has the necessary lot area, width, and septic sites for at least the one lot division necessary to create a parcel for the second house, and because of applicants willingness and intent to commit that he will proceed with the subdivision. Discussion - Please read the applicant's letter of request. He is hoping to move a second residence onto his property containing about 16.8 dry buildable acres. He intends to locate this residence so that it will meet the required setbacks and lot area requirements for a future subdivision. (Applicant would be subdividing now, but the subdivision could not be completed in time to meet applicants tight time schedule for acquiring and moving the structure from it's present location outside of Orono.) Applicant's intent and request is to obtain a Conditional Use Permit for a guest house, meeting standards of SEction 10.20 Subdivision 3(G). Applicant would agree to the standard conditions allowing use of thei structure only by occupant of the existing house at 4145 Watertown Road, or their domestic employees or non-paying guests. Applicant further suggests that he would escrow funds to co.nplete the subdivison process, and would be willing to stipulate that the well and septic system, which would in effect be the two major appurtenant systems that define this as a separate residential dwelling, could be omitted until a subdivision is completed. Staff notes that septic sites have been tested and are suitable for a mound sewage treatment system near the homesite. Staff suggests that the terms of the Conditional Use Permit could be written so that no residential occupancy of the structure (be it guest use or rental use) be allowed until such time that the new house has been legally subdivided off and exists on its own legal parcel. Zoning Application 41100 January 15, 1987 Page 3 Staff Recossaendation - Approve a Guest House Conditional Use Permit for Michael Plank at 4145 Watertown Road to construct a second residence on the property, subject to the following conditions: 1. Applicant shall locate said structure on the property so that all subdivision and zoning standards for this structure to exist on a separate parcel can be met. 2. A Certificate of Occupancy for the structure shall not be issued until such time that a subdivision to provide a separate parcel for this residence has been completed (this condition is recornended because of applicants stated intent that this is to be a separate residence ultimately). 3. Applicant shall provide a letter of credit to cover the costs associated with a subdivision application i.e. survey work, legal and application fees, etc. to be drawn upon and used for subdivision cympletign if the appropriate subdivision has not been ooaipieted within 1 year of the date of this Conditional Use rermit approval p. •^"'�` 7'ew ; r i...-." c-R Ae ee-- -1-1 4. The applicant Is advised of the following factors whieh may affect the potential subdividability of this property: a. Dry buildable lot area is shown on the survey dated 12-23-86 as 16.8 acres approximately. Because it is possible that an actual field determination of the wetland boundaries was never done, the actual area of wetlands is subject to verification and might be reduced or increased, hence affecting total dry buildable area. b. Because this property may have the potential for containing 3 residential homesites, any division to create a second homesite must address access to all potential sites. City policy is to review future access concerns when properties are being subdivided. In this case, it is wise planning to consider one access point to serve the 3 potential ultimate homesites on the property. There is the possibility that futurechanges in zoning or increased development in the area could create a situation where the City would want all three future lots to use one access point. A private road outlot corridor capable of serving the 3 potential sites should be considered at the time a subdivision is applied for. Note that any private road outlot is excluded from lot area calculations. /,..(b -- ---L LAND --- n6 �.n� f __________________________________________________ _________________ PROPERTY LOCATION Site Address Hr.. Ll14 ir.! f v• i�_'.4' .i, I _quo IYIn�.< `i Property Identification Number (P.I.D.) Please check one - Is the property abstract or torrens7 (for Conditional Use Applications onl�— Please attach legal description to application if not included on required survey. APPLICANT I � Name /, ;� � If (r. , (Ic Phone -41,1 - )o L J "J Mailing Address yl4l' 6V.wi._'..i -Il LpL �� :. nn -�3� Oi ------------------------------------------------------------------- --_-__ OWNER I n Name °I1�4A Plf.g� k Phone Mailing Address Date Property Acquired q' 7j� (month/year) I (do) (dew!) also owry bhe adjacent parcelx of land. FEES - CONDITIONAL USE PERMITS X$100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration Grading and filling - 101 cu. yd. or more Seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS $150.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation $ 50.00 Easement Vacation with Subdivision OTHER APPLICATIONS - CONT. $250.00 Rezoning $200.00 Appeals Other - see fee schedule -------------------------------------------------------- PRESENT USE OF PROPERTY CC (4 Present Zoning District Present Use of Property �ntihl Other Tspecify)_ DESCRIPTION OF REQUEST I Describe request in detail: AOn P, tfr,r TeFJ�QUIRED SUBMITTALS Completed Application Form. /Certifixd Property Owners this list from Hennepin Co: Cernter 348-3271) /stamped, legal sized envel �.J on the above list with no r Certificate of survey. Construction plan, if Plat Map. - List of owners within 350' (you can obtain ty Department of Finance A-603 Government (t10) pre -addressed to each of the names address. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature FLU,. ✓„1✓iC i�Cwu iC Date )3%J7r 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. qq P Jn Owner's signature il��.�„If(1�h a r Date MAApppplicant must have all submittals into the City offices 25 days before the anning Commission Nesting. Planning Commission Meetings are held on the third Monday of each month. ' a o N 0C ra )0000 - �' 3 Ili k � , V RUI DATE IZ/15/06 BATCH oat Sa 31-118-23 11 0007 MOP ADSP ^.MEP NAME GRACE M PILEY "A P•YEP FRANK AMISS MACE/ACOR 4100 WATERY" RD MAPLE PLAIN MH 55359 3a 31-`10-2] 14 0004 MOP ABOR 04100 NATEYTDAY RO ONEI NNE F E S .OKE5M TAYPATER FRANK KOKEiH NAME/AlKR 4100 WATERTOWN RD MAPLE PLAIN TN 55359 38 31-115-23 41 0001 P'OP ABC, 04040 WATERTOWN RO Cv^. EP PANE BE LEERY E NILSON TAXPAYER DELBERT E RE LSON 111NE/ADOR 4C40 WATERTOWN RD MAPLE PLAIN MN 55359 }.g I{-1Ia-2l OW 0D5 MOP ADDR 040a5 WATERTOWN W CARCR N•ME E A E KDSTYASTKA T HAOEIAP EARL?N t ELIIABW KOSTKA WME/•OOP MOOS WLAIN H M MAPLE RUIN MN 55159 I0 31-ILO-23 42 0002 MOP 100R 04265 CHIPPEWA LA RNER NAME My E PETERSON APAYEP MARCELLA J FROST .It, AODP 4,65 CHIPPEWA LANE r. MAPLE PLAIT: MH 55359 36 31-118-23 42 Coll �DP ADOR 04305 CHIPPEWA U pR;R NAME VIRGIL J UPSON ETAL TAXPAYER VIRGIL J LMSON NAME/ADM? RT 2 CHIPPEWA LANE MAPLE PLAIN MI 55359 HENNEPIN COLNTY PROPERTY INF0R3AnCH USTEN REPORT M. P14354D1 PROPERTY OWNERS LIST PAGE 1 38 3I-Ila-z3 13 001E W 31-118-23 13 0014 04220 WATERTOWN W R AND J NYATT MICHAEL R PLAW ROBERT J WAYT MICHAEL R PLANK 42-0 WTEPTl301 ROAD 4145 WTERT01N RD MAPLE PLAIN EN 55359 MAPLE PLAIN M1 55359 38 31-11a-23 14 0005 M 31-118-23 14 0006 04I80 NATEP.TOW01 RD MACE M RILEY F 0 S KOKESN L SUSAN M KOKESM FRAN4100 ,100 WATERTKESHOWN RD <100 WUN NAYERTITM RD MA '%APLE RUIN MN 55359 MH MAPLE PLAIN EPI 55359 MAPLE 38 31-11b23 41 0003 38 31-118-23 41 0004 04045 WATERY" RD 04105 WATERTOWN RD FARL N DORN ETAL ELMER E BLOOM ETAL EARL N DORM JOE L PAN SJMCHLM 4045 WATERTOWN RD 4105 WTERTOIM RD �W MAPLE PLAIN MN 55359 MAPLE PLAIN MH 55359 .+��f•Y M 31-118-23 41 0007 38 31-118-23 42 0001 04145 WATERTOWN RD t4245 CHIPPEWA U MICHAEL R PLANK R L SOREMEN ETAL MICHAEL R PLAN( ROBERT I SORENSEN 4145 WTERTOW RD 4245 CHIPPEWA UNE MAPLE PLAIN MN 55359 MAPLE PLAIN MH 55359 38 31-11a-23 42 0003 M 31-118-23 42 0005 04355 CHIPPEWA LA FREVERICK E EHEMANEK JR ETAL C G BRYANT ETAL FRED E SHEMANEK CLATTON BRYANT RT 2 BOK 16 5329 BRYANT ST MAPLE PUN M 55359 MAPLE PLAIN MN 55359 38 31-118-23 42 0012 D4220 CHIPPEW LA D A P ANDERSON PAMELA 6 ANDERSM 4220 CHIPPEWA LANE MAPLE PLAINS MI 55359 38 31-118-23 42 0015 RONALD R DEMOLLING ETAL LARRY E MARTINEAU 5489 BRYANT ST MAPLE PLAIN MN 55359 RUM DATE 12/I3/M r BATCH 001 30 S3-110-z] 43 0003 / ADP ADON OVER NAME I IEREO M BRYANT TAXPAYER PHILIP A PETERSEN PAR/ADOR 576 A BROW PO H LOG LAKE MH SK3i6 PROP AVER 3a 31-115-23 N 00% Wi R NAME TNCMAS E REIERS90RD ETAL -A. PAYER THOAS E REIERSGCYIJ NAME/ADDR 4500 N 44TH ST MPLS MN 55424 HENREPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY O: ERS LIST 3B 31-118-23 43 0011 00145 TURNIAM RD KEITH L HORELL ET AL DAVID A DETERS 145 MJRMHAM RD M..'LE PLAIN PH 55359 TOTAL BATCH 001 00022 REPORT W. PI415401 PAGE 2 38 31-118-23 44 0003 STATE LAND OEM STATE LMO DEFT FOR SALE TO ADJACENT PROPERTY O R ONLY I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS GATE ON THE RECORDS Of THE N;NIEPIN COUTY DEPARTMENT OF PROPERTY TAIGTIEM, TOANE BEST OF MY D LEDGE AND BELIEF. DATE/ /'T December 23, 1986 Hello: I have a house on 20 acres at 4145 Watertown Road. I am applying for a Conditional Use Permit to move a house on my property before I subdivide. I realize this is not the normal accepted procedure; however, I am in a hardship position which makes it necessary to do so. Allow me to explain my problem, and then what I hope we can do about it. Stubbs Building Movers has a house that needs to be moved before the road restrictions are placed sometime this spring - usually in March. Therefore, all the arrange- ments and approvals need to be made sometime in February. A normal subdivision process takes upwards of 4 months, therefore, the timing makes it logistically impossible to complete the subdivision before the house has to be moved. Under the requirements for a Conditional Use Permit, after the Planning Commission meeting on January 20 and the Council meeting on February 9, the timing requirements for the move could be met. This would allow me to start the project, with the subdivision to be completed at a later date. A few points are worth mentioning. I do not feel that a subdivision at a later time will present any obstacles. In 1978 I worked with the City to complete most of the preliminary subdivision requirements. At that time I did the following: 1) Mark Hurd took an aerial photograph of my property and drew a topographical map. 2) Gordon Coffin did a complete survey of my property lines, locating all boundaries, the center line of Watertown Road, and the Luce Line. 3) I worked with the Minnehaha Creek Watershed District to locate all designated wetlands on my property. These wetlands were surveyed, platted, and given to the City by Qu.t Claim Deed. 4) I worked with Hickok and Associates in doing pert tents around several potential house sites on the property. Page -2- •F r,r�.. ' � 4�`�� �M1Ji With my application for the permit I am including my survey showing the following: 1) All boundaries of the property as well as wetland boundaries 2) A topographical map 3) The proposed site for the moved -in house, meeting all setback requirements 4) The location of the existing house and buildings 5) A proposed access road 6) Proposed boundary lines necessary to com• a the subdivision. This creates the required re lot, which does not include any wetland area., As you can see, most of the subdivision requirements have been met. Timing of the legal procedure requires me to apply for the Conditional Use Permit. After talking with several members of the Planning Commission, I believe that I understand the main concern of the city; that an occupied house must sit on its own property. As I understand it, the City is concerned about losing control over being able to apply or enforce codes and laws concerning occupied homes. I fully respect this position, and it is not my desire or intention to create a problem either for the city or myself. As a solution, I would be willing to escrow funds necessary to complete the subdivision. I am also willing to stipulate that the subdivision be completed before the well and septic system are installed. This allows the city to retain supervision and control over the property through the normal process of inspections and permits. I hope you recognize my sincerity and desire to work with the city to make this project work. I feel this is a reasonable approach to working under a Conditional Use Permit until a subdivision can be completed. As you can unde rry_; ' time is very much of the essence; this must be resolved in the first meeting if the project is to work. Thus I would hope that if you did have any questions or concerns, you would please contact me before the meetings. My home number is 476-2060. Thank you, Michael Plank MP:ph I _1' SKETCH � 3 for MICHA EL PLANK %/ In the East S of Section 31-118-23 d,F.., hrrdfx ra .r = 4F 93 d St >n na. ts. a `RT ti WaSs aS�sa v ,e�5 SuK Gru dWC Y..i r5%% :'• Ahi.e n-ru -as /J a tin. aV S[ V. of sa.}bn 4-10.D s., EXISTING DESCRIPII0I1 f) That part of the Southeast quarter of the Northeast gOut lying Iles[ of tnr East 141.50 feet thereof, 3 �• `�4 ,^ �•'+ 8 !� s $outh o/ the centerline of Watertown Road, and East al \ �`•!iK( ; of a line hereinafter referred to as Lino A•, —0, .i said Line A" being descri led as followss; Comaeocln0 ° -/ ,/ ru 33t I;ass et the Southeast corner of said Southeast quarter of a(' •r ` the Northeast quarter; thence East along the South / •,'p/Jy ^t•• •e It be of sold Southeast quarter of the Northwest / 'JtrJjgC/, quarter a distance of 170 feet to the point of �dY') "" •'} I �� ,I r,•' ,°' a hrpn�Innts, of sold "floe A'; thence deflecting left ^ ' v 1 t t�� ` 7•� //- to fold centerllnr. eM sold "Liar A" there it/1 i �1.;�,� ✓' end Ing; ' Jt"�a vi 'per{ NrW -is That part of the East half of th° Southeast quarter ° lf(I i'. \ described as beginning at tie Wrthxest corner o/ ,�'. {1�`I 1 r''• +, said East half of the Southeast quarter; thence East ar ,,II 577.5 feet along the Worth line of Said East half of ' lea eau I �.' the Southeast quarter; thence South 1509.75 feet ••oa+ s..e Parallel vlth the Nest line of said East half of e Morin I, - .! i c-`'`Il .1tB .• Southeast quarter; thence West parallel with thrm (', .�,'ww _L IT he of said East half of the Southeast quarter to said Nest Ilse; thence North to th° point of blinning, EXCEPT that part of the Worth 330 feet thereof lying f •�• cn West of the wut herly e.tenslon of said "Line A'; i{ 'fr ' t'�• o I •�"�` / ALSO EXCEPT that part thereof described as follows: Reg{nnmg at a In the West line of said East d�'r •;"� paint half of the Southeast quarter distant 15 feel —' — ---� •. v South frost the Northwest comer of the Southeast prarter of said Southeast quarter; thence Southeasterly syt �`i Sa p �,V•. an a 3 degree N minute right curve to a Mint _ No Pan the south Iine of the North 1509.75 feet of said Hi'• .e , East half tf the southeast quarter distant a55 feet fast �' ` trust the point of Intersection of said South Ilnr - - -- —��.ia-- -stn nl Of the North 1509.75 feet with the West line of Bald ' East half of the Southeefl quarter: lhwicr Rost l0 sent Mint of intersection: tllPrice Nor91 to the mint of ho lnnlnq, AI in Section 31. Toonship 111r hWrth, Range !3 Whit of the Sib PfincipAl Nendlan. Scale: I" • Wolf Cuf-flli a Guo;Nlul.. IN_ Oalr . 17 . 23 - Rb Engurerrs, t.Nd Lvvnrn unq rlmowr- Iron aarko, long take, M,,,w: Photograph CITY OF ORONO Filet Building Fire Z/'onine ? Address'l,:1r.,- /t 1, 4c�-ir. i KAl Owner L I -• N a;-1 El. 11 Y, Phone $ Violation Ordinance No. Inspection Dates Photos (Date) Insodctor E OHM CITY OF ORONO Filef - Building Fire Zoning Address'//45" Owneri)"C 6: ldlglu'%G Phone Violation Ordinance No. Inspection Dates Photos (Date) /J Id Photouraohs CITY OF ORONO File/ Building Fire �)Z)oning_ Addressri ' ' ii r ii , �,, Y-r( Owneal',L 6 _ Phone fw/k-)CI r' Violation Ordinance No. Inspection Dates Photos (Dale( 2 Inspector CITY OF ORONO File{ Building Fire 2oniny ' Address" Owner/r: Phone r _ vio:at-on Ordinance No._ Inspection Dates _ Photos (Date) Inspector CITY OF ORONO File# Building Fire Zoning_ Address-r. .. 'k 4C v-4,,.- 1 �� Owner/I' 'i, U 1 iiir Phone #f 7 e) Violation Ordinance No. _— Inspection Dates Photos (Date( il/c b Inspector r�p.hs CITY OF ORONO �.� File#-�.---r— Building Fire Zoning .� Address;.; Al", Owner/L ,� / Q/n.; f� . Phone Q Violation Ordirance No. Inspection Dates Photos (Oate1G" /47. Inspector _ Photoara s CITY OF ORONO File/ i„�--'- Building fire Zoning Address K_ Owner'' - Phone r Violation Ordinance No. Inspection Dates Photos (Datej 1� �• Inspector _ CITY Of ORONO Filed. -- - - Building Fire2onina Address' OwnerPhone Violation Ordinance No. Inspection Dates Photos (Date) '�' i , Inspector 3\ � \-- wgrFR� ILei?r.og ro O A. Gc 1.5ac. ••. /014 D, II4tt��- CHIPPEWA SECOND ADD. 1 14941 0� �;` 2 - Pm ac. 2700 \ 1 ri v ��Q036Os5�2) 3360 / -74 I 3200 4100 , S .1A o.' 4600 1 q � � \ 1� 33 /�o 4EETIRG FED 9 1587 TO: Mayor Grabek Yypp Mark Bernhardson, City Administrator �'(�Y OF QIIolt1/ Orono Council Members FROM: Michael P. Gaffron, Assistant Planning a Zoning Administrator DATE: January 22, 1987 SUBJ: #1101 James E. Mertes, 3237 Casco Circle Variance Renewal - Resolution ,.ist of Exhibits A - Staff Memo and Exhibits of 1/7/87 B - Proposed Resolution The applicant is requesting renewal of a lot area/lot width variance originally granted on 1/13/86. Please review the memo and exhibits of 1/7/87. Planning Commission recommended 4-0 to approve a renewal of the variances granted per the findings and conditions of Resolution #1904. Staff recommends s2proval per the attached resolution. PROPOSED MOTION: Moved by _, seconded by _, to approve James E. Mertes' request for a renewal of variances previously granted to permit the construction of a new residence on a property 16,748 square feet in area or 77% of the required 21,780 square feet (1/2 acre) and with a lot width of 55 feet or 55% of the required 100 feet of lot width. Motion, Ayes _, Nays _ TO: Mayor Butler Mark Bernhardson, City administrator Orono Council Members Planning Commission Members FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: January 7, 1987 SUBJ: #1101 James E. Mertes, 3237 Casco Circle - Variance Renewal - Public Hearing List of Exhibits - A - Application B - Plat Map C - Property Owners List D - Survey E - Resolution #1904 P - Staff memo of 12/3/85 Application - Renewal of Lot Area/Lot Width variances granted per Resolution #1904 dated 1/13/86. Pertinent Pacts - Required Existing Variance Iot Area: 21,780 s.f. 16,748 s.f. 5032 s.f. or 23% Lot Width: 100, 55' 45' or 45% Previous approvals require that development on this lot meet all setback, average setback, and hardcover standards of the LR-IC zoning district. Discussion - The applicant has been unable to sell his residence in Shorewood and hence has not commenced construction of a new residence on Casco Circle. The variance approval expires on January 13, 1987. Applicant anticipates construction will commence in 1987, hence a variance renewal is requested. No changes are requested from the previous approval. Please review the attached exhibits. Staff recommends approval per the ficlings and conditions previously approved in Resolution #1904. CITY Oi ORONO - VARIANCE APPLICATION Init licat a-51�0.00 ($50.00 per each additional variance) enewal anance Fee 575.00 no change from original application) AxE er-Enee ees Dou a application fee) ---------------------------------------------------------------------------- PROPERTY LOCATION Site Address 327,"J GAseo C.eraca�-- Property Identification Number (P.I.D.) --�9c m7- 03 4i crir Please check one - Is the property _ abstract or __ torrens7 Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT `` --37r-/GO(e J Name A+Mes opver Phone l % /' 2292" Mailing Address .2S70O 610. B: Fc 146 . 5A7eac� i` ^-) 5'S33/ ___________________________________________________________________________ OWNER Name 6.rA-iF" Phone Mailing Address 9As QF Date Property Acquired (month/year) I (do) (do no also own the adjacent parcels of land. PRESENP USE OF PROPERTY Present Zoning District /-P -IC- Present Use of Property tfOlj- V4c4Ar Residential Other (specify) _____________-.______________-____-_______________________________-________ DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: &D rtn 77OAl rX ARS! .C�s C~Tvib 015L 0-.riot ___________________________________________________________________________ VARIAh CES REQUIRED Lot Area >e Lot Width Hardcover Setback Variances ( Front Side Rear) Other Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: /NAB/L/T! ]'rJ SLrLL �IbSM'7� A/a/4� R�rS Nf-►T6 /N pigtys W �-----tiCN -----NT 6G GmN3r--------- -- ----DWGG. DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: sex /Lerioks PLleer-fa --------------------------------------------------------------------------- //REQUIRED SUBMITTALS J1. Completed Application Form ,/2. Certified Property Owners List of owners within 150'(you can obtain this list from Hennepin County Department of Finance A-603 Govt Center / 348-3271). ✓3. Stamped, legal sized envelopes (410) pre -addressed to each of the names on the above list with no return address. ✓ 4. Certificate of survey including hardcover calculations as required. ,/t. Plat Map. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. --------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby ag:^es to provide all information required or requested by the zoning Aa., lietrator, agrees to pay all fees and/or unusual expenses incurred in r,. of this application, and certifies that the information supplied is t. nd correct to the best of his/her knowledge. /gyp Applicant's SignatureDate R Z6/kZ _ ONNIM SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commias 1�0 members, =nd Cq�mcil members for purposes of investiga- tion and verif, ic+atiD of thieq: at. ,- /_' / / Owner's Signature -----------------Date /� /it- - XFi i TT' - Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. rl RUN DATE 10/16/8S BAT" 001 78 20-117-23 43 0010 PROP AOOR 03243 CASCO CIR CAEMP NAME JAMES M RICRARDS A WIFE TAXPAYER JAMES H RICHARDS NAME/ADDR 3243 CASCO CIRCLE ^ IRMA) MN 55391 M 20-119-13 43 0015 PROP AOUR 03233 CASCO CIR CANER NAME 0 M SPILSEiN A P 0 SPILSETH TAXPAIER DAVID M SPILSEIN ^ NAME.'AOOR 3233 CASCO CIRCLE WAYZATA M 55391 r' 38 20-117-23 43 0050 PROP ADOR 03241 CASCO CIR OVER H"VE T A S CORSON TAXPAYER THOIAS R C SHERRY A CORSON HARE/AODR 3241 CASCO CIR OROHO MN 55:91 HENNEPIN COIRITY PROPERTY INFORMATION SYSTEM FROPERTY OWNERS LIST 38 20-117-23 43 0013 OOUGLAS M SMITH UOUOLAS H SMITH 3203 E CALHOUN PKWY MPLS M 554C8 HENNEPIN COUNTY PINS SYSTEM RUN DATE 10/16/85 REPORT NO P1434801 REPORT N0. P1435401 PAGE 1 38 20-117-23 43 0014 03235 CASCD CIR C JACK REMIEN JR ETAL JACK C REMIEN JR 3235 CASCO CIRCLE WAYZATA M1 55391 38 20-137-23 43 0016 38 20-117-23 43 0031 03231 CASCO CIR K 0 HANSON A S K HMSON THE CASCO CO Ka_TM 0 A SANORA K HANSON THE CASCO COMPANY 3231 CASCO CIRCLE ROBERT 0 HACNIE WAYZAI. M 55391 3135 CASCO CIR WAYZATA MN 55391 TOTAL BATCH 001 00007 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF IV: JRMATION AS IT APPEARS THIS DATE CH THE RECORDS OF THE HENNEPIN COIIrtY DEPARTMENT OF Mgfu T TAXATION. TO THE BEST OF MY KNOWLEDGE AND BELIEF. -I (J DATE [Ulf 1 BY / P-1 RESOLUTION OF THE CITY COUNCIL NO. 1904 A RESOLUTION GRANTING A VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE 1988 WHEREAS, James E. Mertes (hereinafter "the applicant") has an interest in the property located at 3237 Casco Circle within the City of Orono (hereinafter "City") and legally described as follows: Lot 18, Spring Park, also all the land including the vacated highway, Lake Shore Drive, lying between the Northeasterly line of said lot and the shore of Lake Minnetonka and between the Northwesterly and Southeasterly lines of said Lot 18 extended Northeasterly to said lake shore, and being part of Government Lot 6, Section 20, Township 117 North, Range 23 West of the 5th Principal Meridian, and also indicated on the plat of said Spring Park, (hereinafter "property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a new residence on a property that is 16,748 square feet in area or 77% of the minimum area required of 21,780 square feet or half acre and the % idth of the property is 55 feet or 55% of the required 100 feet of lot width. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS This application was reviewed as Zoning File #988. 2. The property is located in the LR-IC Fingle Famil• Lakeshore Residential Zoning District. 3. The property was in common ownersh'-p with ..ontiguous Lots 16 and 17, Spring Park prior to 1967 through 1977 when the current owner, Douglas Smith, purchased the property. Lots 16 and 17 are now legally combined. 4. Section 10.03, Subdivision 6 (A) (1) of the Municipal Zoning Code provides for development of lots of record held in separate ownership since prior to the effective date of the zoning regula- tion, provided a lot of . cord meets 80% of the required lot area and lot width and has municipal sewer available. Page 1 of 6 .Cloy ®f 01-,®1 O RESOLUTION OF THE CITY COUNCIL NO. 3904 5. Prior to December 19, 1983, the City Council always required that when two or more lots were owned in common, each lot must individually meet or exceed the requirements of the Zoning Code before any of the lots can be built upon and that two or more substandard lots owned in common must be combined so that the resulting combined lot meets the rquirements of the Zoning Code before the lots can be built upon. 6. Upon completion of a 6 month City wide review of the common ownership issue, on December 19, 1983, the City approved a pro- posed amendment of the municipal code that would permit all substandard undeveloped lots within the sewered areas of the City regardless of the ownership of these lots, the same standards for review. 7. The property is 16,748 square feet or 77% of the required area. The property is consistent in area with 7 other developed lots within a total developed neighborhood of 33 lots. 8. The property measures 55 feet in lot width and is approxi- mately 5 feet short of the narrowest lots in the 33 lot Casco Circle neighborhood at 60 feet. 9. The Orono Planning Commission reviewed this application on November 18, 1985, and a majority of its members recommended approval of the variances as proposed based upon the following findings: A) No available land - lots are developed on both sides of property. B) The property is served with sewer and water. C) A house and improvements can be constructed without the need for additional variances. D) By granting this variance there will be no negative effect on the public health, safety and welfare. E) By granting this variance it is consistent with the development of the area. F) By granting this variance there should be no need for future hardcover and setback variances. G) The special conditions applying to the parcel of land in question are peculiar to such property or immediately ad- joining property. Page 2 of 6 RESOLUTION OF THE CITY COUNCIL NO. 1904 H) The conditions do not apply generally to other land or structures in the district in which said land is located. I) The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. J) The granting of the proposed variances will not :n anyway impair the health safety, comfort, morals, or in any other respect by contrary to the intent of the Zoning Code. K) That the granting of such variances will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. 10. This application is a renewal of variances granted on February 27, 1984, and the findings stated in that approval resolution (No. 1607) were acceptable at that time and are still valid. 11. The City Council has considered this applica*'on including the findings and recommendations of the Planning passion, reports by City staff, comments by the owner and the of f!ct of the proposed variances on the health, safety and welfare of the community. 12. The City Council finds that the conditions existing on this property are pe,uliar to it and 'n Pit apply generally to other property in this zoning distri it granting the variances would not adversely affect '-nnditions, light, air nor pose a fire. hazard or other d. .,tighboring property; would not merely serve as a conve''.e to the applicant, but is necessary to alleviate a demos,.: cdship or difficulty; is necessary to preserve a substan' rty right of the appli- cant; and would be in keeping .he spirit and intent of the Zoning Code and Comprehensive PlLn of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to the Municipal Zoning Co'- Section 10.25, Sub- division 6 (B) to permit the construction of new residence on a property 16,748 square feet in area or 77% 0, the required 21,780 square feet (1. 2 acre) and with a lot width of 55 feet or 55% of the required 100 feet of lot width subject to the following conditions: 1. The detached garage located within the right-of-way of Casco Circle is a non -conforming structure and subject to all pertinent municipal ordinances for non -conforming structures. Page 3 of 6 City of ORONO RESOLUTION OF THE CITY COUNCIL NO, 1904 2. The only variances granted with this approval are lot area and lot width. No other variances are granted. 3. Applicant is hereby advised that in approving the development of this substandard property that all future improvements must meet the current standards of the code and that a future Council might not approve any improvement to the property that requires a variance. 4. Applicant shall pay the appropriate water unit charge, sewer connection fees, and park fee at the time that the building permit is issued. 5. The property owner shall bear all costs of connection to the municipal sewer and water, including the installation of new stubs to serve the property, if required. 6. Applicant is allowed to remove the one fallen willow tree at the lakeshore, but removal of the threA standing willows is not approved at this time. 7. Side, street, and lakeshore setbacks are approved per the attached survey (Exhibit A). 8. Authorities granted by this variance run with the property not the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (January 13, 1987). 9. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 10. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 4 of 6 RESOLUTION OF THE CITY COUNCIL NO. 1904 Adeoted by thn nrono City Council on this 13th day of TTTWIA �-(/man .uwL amt, Acting Mayor of 6 501 West 78th Street Bloomington, Minnesota 55420 RESOLUTION 1904 (612) 881.0047 SURVEY FOR: SUMMIT BUILDERS PROPERTY DESCRIPTION Lot 18, and that part of vacated Lake Shore Drive lying in Lot 18 SPRING PARK ADDITION, according to the recorded 41at thereof, Hennepin County, ne\a SCALE: I"• 40• O• IRON MOH. , aW� ; !! i ° vgcgrED \ a 4-4ke 1. ® \ / WOODROW A. BROWN. R.LS. President LAKE MINNETONKA E LEy. FES 27,1985 59.0 • i ( ° /y• SHORE �SOL. No. Cl P F ro O ,0 ♦a A VA Q NOTES ��► cr8� r �+r (91.5) Denotes Proposed Elevati'ofi \hD 89.7 Denotes Existing Elevation Proposed Garage Floor Elevation- 92.0 t`) Proposed Top of Block Elevation- 92.4 Proposed Basement Floor Elevation-84.4 i / Proposed Walk out Elevation- 84.4 BENCIR9ARK: Spike in Power Pole at N.W. Cor. of Lot 18 - 100.00 \/ \ I hereby certify that this sketch plan or report 41 was prepared by me or under my direct supervision and that I am a duly registered land surveyor under the laws of the State of Minnesota. rPraroc'L DV>CLLrN N As SNowN hoes faOT- E 2rAIN Tn -riff AOw Rate: td: __ch 4, y_Id Rag. No. 1523U P Fr Ravisrd: Ja nunry_10, 1986 we 4-e9 l/1? (14014it A"CO DA'VC1,1A./ oo N 1116r.eA•r r(,n) T'O fNgr+hi /!J OCCrXt.ANrlam` wf7-W Crry NAADtr.ot'=l pet�rrr.•r�•+r•vrr:� To: Orono Council Members From: Michael P. Gaffron, Assistant Zoning Administrator Date: December 3, 1985 Subject: 1988 James H. Mertes, 3237 Casco Circle - Variance (Renewal) Zoning District - LR-lC (1/2 acre minimum area, 100' minimum width) Application - Renewal Lot Width/Lot Area Variance List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Resolution #1607, Dated February 27, 1984 Exhibit F - Minutes, Documents, Etc. Leading to Resolution i1607 Exhibit G - Planning Commission Minutes of 11/18/85 Variances Requested a) Lot Area - Required s 21,780 s.f. 80% Area s 17,424 s.f. Existing - 16,748 s.f. or 77% Variance - 5,032 s.f. or 23% b) Lot Width - Required z 100' 80% Width - 80' Existing - 55' Variance - 45' or 45% This property was granted lot width and lot area variances in February 1984 per Resolution No. 1607 (attached). The variances expired t the end of one year and the owner, Douglas Smith, never submitted a completed and acceptable building permit application. Smith since then has had the property for sale and the current applicant, James E. Mertes, is applying for a renewal variance. This property (Lot 18) was originally owned in common with the two lots to the north (Lots 16 amd 17, which are now combined). As a result of the common ownership study the City changed its policy on common ownership lots in sewered tones, and based on the individual merits of Lot 18, the lot area and width variances were granted. A brief review of the issues, disregarding the previous common owner- ship status, is as fallows: 1. Lot Area is 16,748 s.f, or 771 of the required 21,780 s.f. (half - acre). 2. Lot width is 55' or 55% of the required 100' width. Zoning File #988 December 3, 1985 Page 2 of 4 3. The applicant is proposing no variances to the hardcover limita- tion, and feels he can build within the 25% limitation. Note that the previous applicant, Doug Smith, submitted a survey/site plan which showed approximately 40% hardcover, but was never followed up. Note that in order to meet thu 25% limit, the house will have to be fairly close to the road and/or the existing garage will have to be used. 4. The existing garage is non -conforming in that it lies partially within the right-of-way of Casco Circle. The structure is still in good condition and functional. If the applicant was forced to remove the garage to a site, more conforming on the property, the hardcover would necessarily increase because of the additional driveway needed; perhaps increasing the needed hardcover over the 25% limit. 5. No setback variances are requested for the new construction. 6. City water is in the street but no stub was ever provided to the property, since at the time City water lines were installed, it was not anticipated this lot would be built on. A $580 water unit charge must be paid, and the owner will be responsible for the connection to the City line. 7. City sewer is available on the lake side of the property, how- ever, the stub on Lot 18 was used by the house on Lots 16 and 17 according to City as -built drawings, again not anticipating that Lot 18 would become buildable. A new stub and connection woul,1 have to be provided by the owner. Note also that the sewer unit charge for Lot 18 will be $1,457 ($225 initial unit charge, $165 for L.S. #6 bypass, $1,067 for L.S. A7 forcemain, per Resolution i1854). (Thin amount would be increased to $1,569 if building permit is not applied for by December 31, 1985.) The applicant has not provided a proposed site plan, but is aware of the hardcover and setback limitations of the lot. The Planning Commission reviewed this application at their November meeting and recommended approval (5-1 vote) of the lot width and area variances based on the following findings and conditions: FINDINGS This application was reviewed as Zoning File No. 988. 2. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3. The property was in common ownership with contiguous Lots 16 and 170 Spring Park, prior to 1967 through 1977 when the current owner, Douglas Smith, purchased the property. Lots 16 and 17 are now legally combined. f City of ORONO RESOLUTION OF THE CITY COUNCIL NO. • r e 2. The only variances granted with this approval are lot area and lot width. No other variances are granted. 3. Applicant is hereby advised that in approving the development of this substandard property that all future improvements must meet the current standards of the code and that a future Council might not approve any improvement to the property that requires a variance. 4, Applicant shall pay the appropriate water unit charge, sewer connection fees, and park fee at the time that the building permit is issued. 5. The property owner shall bear all costs of connection to the municipal sewer and water, including the installation of new stubs to serve the property, if required. 6. Applicant is allowed to remove the one fallen willow tree at the lakeshore, but removal of the three standing willows is not approved at this time. 7. Side, street, and lakeshore setbacks are approved per the attached survey (Exhibit A). 8. Author granted by this variance run-aith the property not the app but are permissive only and must be exercised by applicati a building permit within one year of the date of Council a, al, or this variance wil, expire on that date (February 9, 9. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 10. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in thA chain of title of the property. rage 4 of 6 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. Adopted by the Orono City Council on this 9th day of February, 1987. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page S of 6 Zoning File i9e6 December 3, 1985 Page 3 of 4. Section 10.G., subdivision 6 ':k) (1) of the Municipal Zoning Code Provides for dev, sopment of lots ' ±cord held in separate ownership since prior to the effective dat± of the zo;!ing regulation, provided a lot of record meets 80% of the required lot area and lot width and has municipal sewer available. 5. Prior tc Decembei A, 1983, the City Council always req- .:.,? that wh• � two or more lots were owned in common, each lot must is :[v,dcally meet or exceed the requirements of the Zoning Code before any of the lots can be built upon and th..it two or more substandard lots owned ;n common must be combined so that the resulting combined lot meets the requirements of the Zoning Code `jefore the lots can be built upon. 6. Upon completion of a 6 month City-wide review of t. . commc i ownership issue, on December 19, 1983, the City approved a proposed amendment of th„ municipal code that would permit all substandard undevelcped lot withi- the sews- d area- of the amity regardl-sa of the owne-si.ir ` the lots, the a anda.., for rovrew. 7. 1-i property is 16,748 square feet or 77t :.f the re, aired area. The property is consi-.tent in area with 7 other de oped lots within a total dev,loped neighbors•cod of 33 lots. B. The proper.. ,,,ensures 55 feet in lot width _s - ximately 5 fee• sh,,.. of the narrowest lots in the 33 .ot Casco Circl ;hborhood at b feet. 9. No available land - lots are develops, Iz eh a ws property. 10. The property r served with sewer ii 11. A ho.!n, and inprcvements can h^ _ without the nee-1 for additiona variances. 12. By grant: 4 t:[] is^ca there .e no negn ,"a eft in the public lth, saret% and .,elfare. 13. qra. ing this variance it i6 conrigtent with the upvelopment of the are.. 14. By granting th4e variarc,_ there sh,•- i be no need for future hardcover and setha,r vari? ,. - , special co,i ' ons appl ing tc the f la,.d in question are pec.iisr to such prop, or L•. :..tcl.y ad. )roperty. 7t co-a1L10 clo not appl ge !rally tc tether land or structures in !_he ',. strict in ­­h said land is 1-)catel. 17. The q-anr'ug of th, app7:catio„ is neceszary for the pros. ion and en3oyment of a Rut.tantia-. perty right o the appl.caut ZC 4nc le #988 Decem, 41 1985 Page 4 4 18. The granting of the pronnsed variances will not in any way impair the health, safety; comfort, morals, or in any other respect be contrary to the intent of the ..nning Code. 19. That the granting of such variances will not merely serve as a con- venience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. 20. This application is a renewal of variances granted on February 27, 1984, and the findings stated in the approval resolution (Resolution No. 1607: .:ere acc%,table at that time and are still valid. Staff recommends the fc lowing condi-ions Fre appropriate: 1. The detached garage loca �d within the light -of -way of Casco Circ' is a non -conforming structure and subject to all pertinent muni ,_ ordinances for non -conforming structures. _. The only variances granted with this approval are lot width and lot area. No other •sari; es are grant-d. 3. Appl r er,..., advised -hat in approving the development of this substandard rty that all 'iture mprovements must meet the current standards of code and that a fut:ce Council might not approve any improvements to th, property that require a variance. 4. ApplicA,,t shall 1.., the appr gpr4ate wate, unit charge, sewer connection fees, and A fee at the time tl,a, a buildi:9 permit is issued. A resolution for approval is rttached for Council's review. Suggested Motion: approval of to -i and let eidth variances in order to construct a residence on property ,cated a 3237 t.asco Circle per the •solut-on drafted by staff. Motic.. Seco,,Arl .ote: For __ Against -- City of ORONO I, RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE 41101 WHEREAS, James E. Mertes (hereinafter "the applicant") has an interest in the property located at 3237 Casco Circle within the City of Orono (hereinafter "City") an! legally described as follows: Lot 18, Spring Park, also all the land including the vacated highway, Lake Shore Drive, lying between the Northeasterly line of said lot and the shore of Lake Minnetonka and between the Northwesterly and Southeasterly lines of said Lot 18 extended Northeasterly to said lake shore, and being part of Government Lot 6, Section 20, Township 117 North, Range 23 West of the 5th principal Meridian, and also indicated on the plat of said Spring Park, (hezci.-.after "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to iermit the construction of a new residence on a property that is :.6,748 square feet in area or 77% of the r4nimum Zrea required of 21,130 square feet or half acre and the width of the property is 55 feet or 55% of the required 100 feet of .ot width. NOW, THEREPc.> 6, BE IT R1. _ !LVED by the City Council of Orono, Minnesota: FINDINGS 1. This appli :.!on was reviewed as Zoning File 41101. 2. The propert}- is l.o.nted in the LR-IC Sinr Family Lakeshore Residential Zoning District. 3. The property wa• ;n common c, ship with contiguous Lots 16 and 17, Spring Park prior to 1967 through 1977 when the previous owner, Douglas Smith, purchased the property. Lots 16 and 17 are now legally combined. 4. Section 10.03, Subdivision 6 (A) (1) of thr N..micipal Zoning Code provides for development of lots of recor" held in separate ownership since prior to the effective date of the zoning regulation, provided a lot of reco. ^ts 80t of the required lot area and lot width and has municipal sewer available. Page 1 of 6 Citv of ORONO ��'`#, �,Y �'. =•� RESOLUTION OF THE CITY COUNCIL nl'•l.�•yy:� NO. ea 5. Prior to December 19, 1983, the City Council always required that when two or more lots were owned in common, each lot must individually meet or exceed the requirements of the Zoning Code before any of the lots can be built upon and that two or more substandard lots owned in common must be combined so that the resulting combined lot meets the rquirements of the Zoning Code before the lots can be built upon. 6. Upon completion of a 6 month City wide review of the common ownership issue, on December 19, 1983, the City approved a pro- posed amendment of the municipal code that would permit all substandard undeveloped lots within the sewered areas of the City regardless of the ownership of these lots, the same standards for review. 7. The property is 16,748 square feet or 77% of the required area. The property is consistent in area with 7 other developed lots within a total developed neighborhood of 33 lots. 8. The property measures 55 feet in lot width and is approxi- mately 5 feet short of the narrowest lots in the 33 lot Casco Circle neighborhood at 60 feet. 9. The Orono Planning Commission reviewed this application on November 18, 1985, and a majority of its members recommended approval of the variances as propnsed based upon the following findings: A) No av:.-table land - lots are developed on both sides of property. B) The property is served with sewer and water. C) A house and improvements can be constructed without the need for additional variances. D) By granting this variance there will be no negative effect on the public health, safety and welfare. F' 9y granting this variance it is consistent with the opment of the area. F) By granting this variance th--re should be no reed for future hardcover and setback variances. G) The special conditions applying to the parcel of land in question are peculiar to such property or immediately ad- joining property. Page 2 of 6 City of ORONO i RESOLUTION OF THE CITY COUNCIL NO. III The conditions do not apply generally to other land or structures in the district in which said land is located. I) The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. J) The granting of the proposed variances will not in anyway impair the he?14.h, safety, comfort, morals, or any other respect by contrary to the intent of the Zoning Code. A) That the granting of such variances will not merely serve as a convenience to the applicant, but is necessary to alleviate demostrable hardship or difficulty. 10. Variances were granted on February 27, 1984, per Resolution No. 1607 and renewed on January 13, 1986 per Resolution No. 1904. The Orono Planning Commission reviewed the current application for renewal on January 20, 1987 and found that the findings stated in the previous approval resolutions are still valid. 11. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. 12. The City Council finds that the conditicas existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant, and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to the Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a new residence on a property 16,748 square feet in area or 77% of the required 21,780 square feet (1/2 acre) and with a lot width of 55 feet or 55% of the required 100 feet of lot width, subject to the following conditions: 1. The detached garage located within the right-of-way of Casco Circle 1� -,n•-conforming structure and subject to all pertinent municipa lances for non -conforming structures. Page l of 6 FE9 9 1987 To: James Grabek, Mr -or C64 OF ORONO Mark E. Hernharaa::n, City Administrator Orono Council Members From: Michael P. Gaffron, Asst Planning 6 Zoning Administrator Date: February 3, 1987 Subject: 41093 P 6 A Investment (Scott Powell, John Adams), 1380 Sixth Avenue North - Preliminary Subdivision Approval Resolution Council at its January 12th meeting voted 4-0 to direct staff to prepare a Resolution of Preliminary Subdivision Approval for the above referenced plat. Such a resolution is attached for Council's review. PROPOSED MOTION: Moved , seconded , to approve Resolution No. _ granting Preliminary Subdivision Approval for a plat by P a A Investments at 1380 Sixth Avenue North. Ayes _, nays City of ORONO ' RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR A PLAT AT 1380 SIXTH AVENUE NORTH APPLICATION NO. 1093 WHEREAS, P 6 A Investment or. October 24, 1986 filed a formal subdivision application with the City for approval of a four -lot residential plat of property legally described as: That part of the East 1/2 of the Southwest 1/4 of Section 26, Township 118, Range 23, Hennepin County, Minnesota, lying North of the center line of County Road No. 6 and lying west of a line parallel with and 512.00 feet East of the West line of said East 1/2 of the Southwest 1/4 as measured at right angles to said West line; EXCEPT the North 410.2 feet of said East 1/2 of the Southwest 1/4 as measured at right angles to and parallel with the North line thereof, (hereinafter "property"); and WHEREAS, after duv published and mailed notice in accordance with Minnesota Statues 462.358 at. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held a public hear: on November 17, 1986, at which time all persons desiring to be heard . cerning this application were given the opportunity to speak thereon; and WHRRRAS, at their regular meeting held on January 12, 19870 the Orono City Council considered the subdivision application of P a A Investments, noting the following findings of fact: 1. The property is located within the RR-lB Single Family Rural Residential +oning district requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 9.75 acres, all of which is considered dry buildable. 3. -',a proposed plat contains four lots each exceeding the 2.0 acre minimum lot area requirement. 4. Proposed Lots 1 and 3 require a variance because they do not have the required frontage on a public roadway. S. All four lots are proposed to front on and access to 4 private roa-2. Lots 2 and 3 abut the proposed private cul-de-sac but require a variance to the 200' lot width requirement as measured at the rear of the 50'front yard abutting the cul-de- sac. Page 1 of 5 City of ORONO 4 RESOLUTION OF THE CITY COUNCIL NO. 6. The private road intended to serve the plat shall be constructed subject to the conditions of a developers agreement to be executed between the City and the developer. Standards for this road are as follows: Right-of-way Minimum Width: 50' Minimum Paved Width: 24' Base: S" Class 5 100% Crushed Surface: 3" 2341 Bituminous Surface Cul-de-sac: 50' Minimum Right-of-way Radius 40' Minimum Paved Radius %. It is intended that the private road be privately owned and maintained. The City will require that the developer execute the standard road and utility easement over the private -oad, and shall execute the standard Declaration of Private Road Easement and Declaration for Maintenance of Same. The above referenced documents shall contain language that preserves the City's right to require a future combined access with the nearby privately owned Tanglewood Road. S. A separate right-of-way outlot shall be shown on the plat for purposes of providing for a future connection between Tanglewood Road and the proposed private road, so that a single access for th.se two roads may be created if deemed necessary in the futur,.. 9. Lot 2 shall grant an access easement in favor of Lot 1 for continued use of the existing driveway serving Lot 1. 10. The wetland originall; :,hown on official City maps in proposed Lot 2 does not function as a wetland, but does function as a drainageway. The City will require a drainage easement be granted over the drainageway on Lot 2. 11. No additional tight -of -way will be dedicated for County Road 6. 12. All four proposed lots have been demonstrated to contain suitable sites for primary and alternate drainfields to serve the proposed single family residences. The location of drainfield sites to a large degree predicated the configuration of the proposed lots. 13. Single family ,idences can be constructed on Lots 1 though 4 without the aed for further variances. Page 2 of 5 City of ORONO RESOLUTION OF THE GI fy COUNCIL .,:. NO. NOW, THEREFORE BE IT RESOLVED, that based upon either one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat for P & A Investments at 1380 Sixth Avenue North per the survey dated 10/24/86 revised 1/6/87 by DeMars-Gabriel Land Surveyors, Inc. subject to the following conditions; 1. A varian, .11 be granted for Lots 1 through 3 which do not front on a po—ic roadway as required. 2. A variance will be granted to the 200' lot width standards for Lots 2 and 3. 3. All four lots shall access to the private road. 4. The private road shall Le constructed to City private road requirements, subject to a developers agreement to be executed between the City and the developer. Private road construction can begin as soon as the engineering plans for the road have been approved by the City and the developers agreement has been executed. 5. The private road shall be allowed to access directly to County Road 6 subject to conditions for such access as imposed by tha Hennepin County Department of Transportation in their required access permit. 6. The private goad shall be privately owned and maintained per the appropriate access easement/maintenance documents to be executed by the developer. 7. Driveway access easement over Lot 2 shall be granted by developer to Lot 1. 8. A drainage easement document shall be executed for the drainageway on Lot 2 and this easement shall be shown on the plat drawings. 9. No building permits will be issued until the pr-vate road base work has been completed and been approved by the City. 10. The outlot to be created between the proposed private road and existing Tanglewood Road is for the purpose of a future ^onnection between the two roads: in order to eliminate one of the accesses. This outlet shall be owned and maintained jointly by the owners of Lots 1 through 4 ar.d shall be included within the Declaration of Private Road Easement and Declaration for Maintenance of Same. Page 3 of 5 City 0. ol`O ,1 RESOlUT1ON OF THE. CITY COUNCIL l T e ollowing list of final submittals must be sutmitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: 1. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=2001. Drawing to include: a) Lot lines platted per preliminary survey by DeMars and Gabriel Land Surveyors, Inc. dated 10/24/86 revised 1/6/87. rl Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines (revise existing drawings to show 10' along north and east plat boundaries). c) Designation and dedication of a drainage easement within Lot 2 on the plat drawings. 2. LEGAl nOCUMENTS required: a) Title opinion addressed to the t.ty. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b) The applicant must provide-ertified copies of all recordej easements currently affecting the ;roperty. c) Signed and executed drainage easement document for the drainage easement within 'it 2. d) Signed and executed developers agreement and letter of credit for construction of the private road. e) Signed and executed road and utilities easement over the private road outlot and the second future access uutlot. f) Sign . and executed "Declaration of Private Road Easement and Declaration for Maintenance of Same". g) Comp' ed "Application for Private Road Name'. 3. FEES TO BE PAID: Total Due $900.00 a) Park dedication fee per current schedule: 3 new residential lots at 2-acre density - $200/10t. TOTAL Sf.00.00. Final plat fee - $150.00 c) Legal review and filing fees of $150.00. Page 4 of 5 City of ORONO s - RESOLUTION OF THE CITY COU"h.:L 0 NO. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held February 9th, 1987. ATTEST: James R. Grabek, Mayor Dorothy M. Fall n, City Clerk Page 5 of 5 TO: Mayor Grabek C Mark Bernhardson, City Administrator FED 8 jj8] Orono Council Members f1YA FROM: Michael P. Gaffron, 0fY 4iCc OGONO As5ist`i.% Planning & Zoning Administrator DATE: January :'., 1987 SOBJ: Zoning ant - Performance Standards for Non- Renta'_/G. .,•.tments within Principal Residences - Ordinancu List of Exhibits - A - Proposed Ordinance B - Planning Commission Minutes of Public Hearing held 11-17-86 C - Staff Memo and Exhibits 11-13 At the Public Hearing held 11-17-86, Planning Commission gave general direction to staff as follows: a) Non -rental guest apartments should be treated under conditional use section. b) Guast apartments within residences should not be obvious, and should not give the _ppearance of a duplex type of occupancy i.e. should not be so intrusive as to be out of character with the neighborhood. c) Guest apartments need not necessarily be solely accessible from inside the residence. The concept ui e separate exterior entry is acceptable but it should not appear as a second main entrance, and the primary functional access should be within the residence. d) Lot area is not necessarily a concern as long "s: ') Septic needs ar- .at. :) Parking regge ^*s are handled. The concept that the g- apartment requires t.. lot to be double the zoning district's required area is nG valid. e) Conditional Use Permit , +ew process should address: 1) Septic 2) Parking 3, Exterior door/EntrLnee design (aesthetic 4) Inter. 3r access (to ma: sure there is oa; f) The inside -h>n,cal set-. p is not a concern; howevu:, separate mete: t vtilities qe -:rally will be disall--id. g) Staff will continue to treat pe--mit req� Its for wet bars, basement "kitchenettes". itc. as bnforr notifying homeowner that guest apart mer use rec r•a a conditional use permit and rental use is prohibiteo. Zoning Amendment January 22, 1987 Page 2 Given this direction, staff suggests the following recommended code revisions: Section 10.20 Subdivision 3(G) be revised as follows: G. i) Guest Houses. A separate dwelling constructed on an existing undivided lot for the sole use of the rccupants cE the principal buildings, including their domestic employees or their non-paying guests. A'] regular lot requirements shall be met by the gu:-. ._ house. ii) Non -rental Guest Apartments. An apartment within the principal residence structure on a lot for the sole use of the occupants of the princl, il residence, including their domestic employees �r non-paying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. Add the following definition to Section 10.02: "Guest Apartment" - An apartment within a principal residence structure for the sole use of the occupants of the principal residence, including their domestic employees or their non-paying guests, with at least one access door to the apartment from within the principal structure, such door being the primary access to the apartment. Planning Commission 1-20-87: Planning Commission voted 4-0 to recommend approval of the code amendment to allow Guest Apartments as a Conditional Use per the above revisions. PROPOSED MOTION: Moved by _, seconded by _, to approve Ordinance No. amending Zoning Code Section 10.20 Subdivision 3(G) to alloy Non -rental Guest Apartments within a principal residence as a Conditional Use in Single Family Residential Zoning Districts, and amending Section 10.02 by incorporating a definition of "Guest Apartment". Ayes _, Nays MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 17, 1986 ZONING AMENDMENT - PERFORMANCE STANDARDS FOR NON -RENTAL/ GUEST APARTMENTS WITHIN PRINCIPAL RESIDENCES PUBLIC HEARING 10:50 - 10:51 The Affidavit of Publication was noted. No one was present from the public regarding this matter and the public hearing was closed. Assistant Zoning Administrator Ga£fron explained the intent of the proposed amendment to establish performance standards for non -rental guest apartments within principal residences. He stated that the Planning Commission should address these issues: a) Is the "double the lot area" standard reasonable for a guest apartment. b) Parking concerns? Chairman Kelley stated that he felt such guest apartments should be allowed under a conditional use permit. He would like to avoid complete separate living areas. Bellows stated that she would like to avoid an exterior appearance of a duplex, but not legislate against live- in help etc. Taylor stated that he was not as concerned about the separate entrance issue, and would prefer to continue treating these on a case by case basis. Planning Commission directed staff to bring back to their next meeting a proposed wording and performance standards for guest apartments as a Conditional Use, incorporating the following concepts: 1. Lot area is not a concern if septic and parking concerns are met; performance standards for these should be proposed. 2. The Conditional Use Permit review process will address the visual impact on the neighborhood of each specific situation, with the goal that the guest apartment should not be an obvious second dwelling unit when viewed from without, and should not have the appearance of a duplex, i.e. not have two obvious "main entrances". 3. Primary access to the guest apartment'should be from within the residence, but secondary accesses are allowable. 4. Wet bars and basement kitchens proposed with new homes or remodelings that are obviously not meant to become second dwelling units, need not apply for a Conditional Use Permit as long as the building permit states that they may not become second dwelling units. To: Orono Planning Commission Members From: Michael P. Gaffron, Asst Planning 6 Zoning Administrator Date: November 13, 1986 Subject: Proposed Zoning Code Amendment - Guest Apartments Pertinent Code Sections: 10.20, Subdivision 3 (G) 10.08, Subdivision 3 (A)(7) 10.02, Def. 128 Def. #22 The intent of the proposed amendment is to establish performance standards for non -rental guest apartments within principal residences. In the past, the. City used the "Guest House" Section 10.20, Subdivison 3 (G) in dealirg with such apartments, although the wording of Subdivision 3 (G) clearly was written to pertain to separate detached structures, especially the regulation for meeting "all regular lot requirements". In the recent past, staff has suggested that such guest apartments, may more appropriately fall under Section 10.08, Subdivision 3 (A)(7) as a variance. The full intent of the legislature, in the recent amendment of the State Statutes, is not known, ". .the governing body as the case may be, may permit as a variance the temporary use of a one family dwelling as a two family dwelling." Note use of may instead of shall weakens the directive but clearly a Municipality cannot be accused of granting a "use variance". The state is responding to the economic pressures facing many homesteads and the need to encourage local governments to define legal, innovative ways to solve the dilema. Staff feels it would be appropriate under specific conditions to allow guest apartments as an accessory use, with p• 'ormance standards written into the code, as follows: Add Section 10.20, Subdivision 4 (I): I. Non -rental Guest Apartments. An apartment within the principal residence structure for the sole use of the occupants of the principal residence, including their domestic employees or non-paying guests. There shall he at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. Define Guest Apartment by adding Section 10.02, Subdivision 28 (a) as follows: "Guest Apartment" - An apartment within a principal residence structure for the sole use of the occupants of the principal residence, including their domestic employees or their non-paying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. As an alternative, because allowing guest apartments as an accessory use gives up certain controls such as filing a resolution in the chain of title, the same performance standard could be incorporated into the conditional use section. This would maintain a somewhat greater degree of control but would still require an application before the Planning Commission and Council, which is In some cases an unwieldy prucess. Are there any conditions under which the "accessory use" status could be granted without the mad for filing a resolution? -� "r.. I, ' Fc� t Perhaps 1 of 8 or 1 of 10 new homes come it with proposed second kitchen in basement as part of a bar or as a bona -fide guest apartment. LIST OP GUEST APARTMENTS Conditional Use Pemita/Nariances Since 8-1-1984 * Detached Structure #1068 Dr. Glen Nel^on, 500 Tonkawa Road - Attached guest apartment but not accessed from within principal residence except by garage. Lot area 5 acres+ in a 1 acre zone. t1065 Larry Martineau, 4360 Chippewa Lane - Basement mother-in-law apartment, access from within. 6 acre lot f in 5 acre zone. #1044 Paul walentini Construction, 115 Luce Line Ridge - Basement mother-in-law apartment, access from within. 3acre lot (PUD). * #1002 Mrs. F.C. Lyman, 825 Old Crystal Bay Road South - Guest house conditional use permit. * 4955 David M. Winton, 1780 Shoreline Drive - Conditional use permit for guest house. * #929 Lyle Rahn, 1146 Wildhurst Trial - Conditional use permit for guest house - major variances to lot area, etc.) 4928 Richard Pula, 2015 Webber Hills - Mother-in-law apartment above garage. * - 4926 Judson Dayton, 1655 Bohn's Point Road - Conditional use permit for guest house. #924 Jon Scherven, 2649 Casco Point Road - Mother/father apartment in basement. 4856 Edward Beck, 1280 North Arm Drive - Apartment in basement for his children (adults). /D, zo Sao, . ((::r') § 10.20 SEC. 10.20. R-lA ONE FAMILY RESIDENTIAL DISTRICT. Subd. 1. Purpose. The "R-lA" One Fem.ily Residential District is intended to provide a district which will allow a combination of low density residential development and limited agricultural activity. Planned residential developments may be allowed by conditional use permit. The district shall have immediatq access to highways and public sanitary sewer. Subd. 2. Permitted Uses. Within any "R-lA" One Family Residential District, no structure or land shall be used except for one or more of the following uses: A. One family detached dwellings. S. Public owned parks and playgrounds. C. Municipal buildings. Subd. 3. Conditional Uses. within any "R-lA" one Family Residential District, no structure or land shall be used for the following uses except by conditional use permit: G. Guest Houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. PG. G �'` ' s y�`�� �✓ �y�tp �1'� ' e �i ..iG 'Zv r t� 0- / 1 S j0, 08 .St4ab. 3(A)7 5 10.0E Subd. 3. Variances; Issuances. A. In considering applications for variance, the Council shall consider the advice and recommendation of the Board and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. Before granting a variance, the Council .shall hear requests for variances from the literal provisions of this Chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this Chapter. "Undue hardship" as used in connection with the granting of a variance means: 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. 4. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this Chapter. 5. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth shaltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located. 1. The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. B. The Board or Council may impose conditions in granting of variances to insure compliance with this Chapter and to protect adjacent properties. No variance shall be granted or changed beyond the use permitted In this Chapter in the district There such land is located. Source: City Code Effective Date: 4-1-84 To: From: Date: James Grabek, Mayor Mark E. Bernhardson, City Administrator Orono Council Members Jeanne A. Mabusth, Zoning Administrator February 4, 1987 Subject: Zoning Amendment - Off -sale Liquor Store use added as permitted use (B-1 and B-3 Districts) and public service structures approved with public impro•ements projects would not require conditional use permits. A. Off -Sale Liquor Store Use, Section 10.40, Subdivision A The proposed amendment would allow an off -sale liquor store use in the two most compatible commercial districts - B-1, Retail Sales and Services Business District and B-3, Shopping Center Business District. The commercial lakeshore, commercial office and neighborhood commercial e •tricts have been deemed unsuitable for such use. An amendment for the licensing of private off -sale liquor stores is currently being considered by the Council. The proposed licensing standards were also reviewed by the Planning Commission. In addition, staff has contacted the cities of Golden Valley, Plymouth, St. Louis Park, Minnetonka and Crystal to determine how their zoning codes address off -sale liquor store use. All confirmed that the licensing code sections covered any special considerations or standards for the use and that off -sale liquor store use is a permitted use in specific commercial zoning districts. Planning Commission felt the licensing standards were adequate and in the minutes of January 20, 1987, recommended that off -sale liquor use be added as a permitted use in the B-1 and B-3 zoning districts. Section 4 of the enclosed ordinance has been drafted per the recommendation of the Planning Commission. B. Public Service Structures, Section 10.20, Subdivision 3 (D) The Planning Commission considered an amendment of the section that would require a conditional use permit review for all public service structures. The proposed amendment would exempt public service structures reviewed and approved before the public at the required public hearing for all public improvement projects. Amendments of these plans involving changes in design and/or placement of these structures would require written notice to all affected property owners prior to the formal adoption of the amended plans by the City Council. The Planning Commission felt that the written notice procedure appears less burdensome on the planning/implementation process in consideration of the time required for a conditional use permit. The Planning Commission specifically asked that any change in design and/or placement be reviewed again by the affected public. Section 3 of the enclosed ordinance haq been drafted accordingly. PROPOSED MOTION: Moved by , seconded by , to approve Ordirmncn No. amending Zoning Code Sect -on 10.20, SubdivMon 3 (D) that would exempt public service structures approved with public improvement projects from the requirement of a conditional use permit and Section 10.40, Subdivision A by allowing off -sale liquor stores as permitted uses. ORDINANCE NO. —, SECOND SERIES An Ordinance to amend Municipal Zoning Code Section 10.20, Subdivision 3 (G) to allow non -rental guest apartments within a principal residence as a conditional use, and to amend Section 10.02 by incorporating a definition of "Guest Apartment". The City of Orono Ordains: The Municipal Code of the City of Orono is amended by adding Ordinance No. , Second Series: Section 1. Orono Municipal Code Section 10.20, Subdivision 3 (G) is hereby repealed and the following language substituted in its place: G. i) Guest Houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. ii) Non -rental Guest Apartments. An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or non-paying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. Section 2. Orono Municipal Code Section 10.02 is hereby amended by adding the following definition: "Guest Apartment" - An apartment within a principal residence structure for the sole use of the occupants of the principal residence, including their domestic employees or their non-paying guests, with at least one access door to the apartment from within the principal structure, such door being the primary access to the apartment. Section 3 - Orono Municipal Code Section 10.20, Subdivision 3 (D) is hereby repealed and the following language substituted in its place: D. Public Service Structures. Public service structures, including but not limited to electric transmission lines, buildings such as telephone exchange stations, booster or pressure regulating stations, wells, and plumbing stations, elevated tanks, lift stations and electrical power substations, provided no building shall be located within fifty feet from any lot line of an abutting lot in an "R" District. Prior to granting such permit it shall be found that the architectural design of service structures is compatible to the ne'ihborhood in which it is to be located and thus will promote the general welfare. Public service structures as defined above that have been approved by the City at required public hearings for public improvement projects shall be exempt from the requirements of this section; amendments to approved plans involving design and/or placement of these structures will require written notice by the City to all affected property owners prior to the formal adoption of the amended plans by the Council. Section 4 - Orono Municipal Code Sections 10.40, Subdivision (A) is hereby amended by adding the following use to the Retail and Service Business District: 31. off -sale Liquor Store Section 5. This Ordinance shall take effect and be in force from and after the date of its passage and publication. Passed by the City Council this 9th day of February, 1957, by a vote of _ ayes and _ nays. James R. Grabe , Mayor ATTEST: Dorothy M. Hallin, City Clerk 11487.2 / y-aa ( MEETING TO: Mayor and City Council �y L� f_3 9 1587 FROM: Mark Bernhardson, City Administrator l RONO jF O DATE: January 14, 1987 ORONO SUBJECT: 1987 Appointments - Council - Planning Commission - Park Commission - Miscellaneous Attachment: A. Letters to Various Applicants B. Lee Schacht Resume ISSUE - Making appropriate appointments for the above listed owes. DISCUSSION - At your last meeting Council interviewed candidates for the positions of Council, Planning Commission and Park Commission. In addition you directed that staff send a letter to those not able to attend, directing them to contact you if they had a further interest. Copies of these letters are attached. COUNCIL - The balance of the vacancy created by the election of Jrm—Grabek as Mayor is to be filled by appointing to the remaining term for Council, which expires at the end of 1988. Interested candidates include: Ed Callahan (U) Julie Barren (R) Charles Kelley (R) Mariann Kienzler (R) Gary Printup (U) Earl Dor.: (R) Edward C. Brown III (R) Thomas Casey (U) The individual appointed may be sworn in at yourCouncil ;meeting February 23, 1987. PLANNING COMMISSION - Individuals whn remain interested in the positT—on aie a-s—Foilows: Curtis Quady (U) James C. Berg (U) Lee E. Schacht (R) Jeffrey Johnson (U Edward M. Cohen (R) Gail Livingston (� Jorja Lynn (R) Clement F. Birch, Jr. (w, Currently the vacancies are two urbane for a three year term and one at large for a one year term. 'ls you will also recall the following people are serving in the following capacities: Charles Kelley 'R) - Rural Paul Taylor (R) - Rural Jim Hanson (R) - At Large Maureen Bellows (R) - At Large By ordinance appointees must be 2 urban, 2 rural and 3 at large for a total of 7 members. All continuing members on the Commission are from the rural area. The split is based on availability of sewer service. Should you desire to change, you could do so by ordinance amendment. (Since individuals who applied for all vacancies were asked if they would serve in other capacities, their designation urban/rural is noted in parenthesis.) PARK COMMISSION - As you will recall two vacancies exist, the indivi-d"oals interested are as follows: Lee Erger (Incumbant) (U) Ron Anderson (U) Bruce Kokal (R) Appointments for these positions will be for a three year term. Additionally Terry Morse should be formally reappointed. MISCELLANEOUS - As you will recall there were four other app�ntments that remain to be mad,, to complete the list for 1987. These are as follows: Acting Mayor Planning Commission Chair Planning Commission Vice Chair Alternate Attorney - William Soth, Dorsey 6 Whitney - Mr. Both is the City Attorney for St. Anthony, Woodland and Deephiven and is familiar with lake :::sues. This is only utilized in the case of a conflict of interest by the City's primary firm Popham, Haik. The appointment for Human Relations was also up and it's recommended that this be discontinuted at this time, given the fact that they have not meet in three years and there is no statutory requirement that they continue. RECOMMENDATIONS - It is recommended that the appointments be made and appTents for miscellaneous be incorporated in the attached resolution. PROPOSED MOTION - Moved by , seconded by _, that the Council nakes the appointments as fo Mows: Council Planning Commission , two year terms and for a one year term Park omm ssion - Terry Morse, and together with adopting a resolution appointing various positions for 1987. Ayes , Mays (: TY of ORONO POA Office- Boa (ifi•Cryatal Bay. Minn. )W 9.5.9%f•Municipal Officm On the North Shore of Lake Minnetonka January 16, 1987 Mr. Thomas Casey 2785 Shadywood goad Excelsior, MN 55331 Dear Mr. Casey, At the Council's January 12, 1987 meeting the Council as a group interviewed candidates for Council. You had indicated an interest in this position, but were unable to attend. The Council has directed me to contact those who were not able to be present to indicate that if they did have a further Interest, that they should contact the individual Couneilmembers by telephone. The Councilmember's evening telephone numbers are: Out of Town Mayor James Grabek 472-2007 1/14 - 1/28 Councilmember William Sime 471-0296 1/13 - 1/24 Councilmember J. Diann Goetten 473-6633 1/25?- 2/08 Councilmember Barbara Peterson 475-2706 It should be nater also that certain members will be out of town on the dates srecified above. The Council asked each of those in attendance during their Interview to address three items. They were: - Why are you interested in the position? - What background do you think you have that is relevant to the position? - Would you be willing to serve In some other capacity, if not selected for this position? You may choose to address these when you talk to the individual Couneilmembers. The Council is intending to make their selection for the position at their February 9, 1987 Council meeting. Sincerely, ] �J Mark Bernhardson City Administrator cc: Mayyor and Coucil BUILDING A ZONING - tlI]35] • ADMINISTRATION a FINANCE - 473-7358 • PUBLIC WORKS - 473-7359 ASSESSING CITY of ORONO I'mt Offi.- Bo. Iifi •CryaMl Bar. Minneapw SfA1G1•Munici pnl Officev On the North Shore o/ Lake Minnetonka January 16, 1987 Ms. Julie Barren 3895 Bayside Road Long Lake, MN 55356 Dear Ms. Herren. At the Council's January 12. 1987 meeting the Council as a group interviewed candidates for Council. You had indicated an interest in this position, but were unable to attend. The Council has directed me to contact those who were not able to be present to indicate that if they did have a further interest, that they should contact the individual Councilmembers by telephone. The Councilmember's evening telephone numbers are: out of Town Mayor James Grabek 472-2007 1/14 - 1/28 Councilmember William Sime 471-0296 1/13 - 1/24 Councilmember J. Diann Goetten 473-6633 1/25?- 2/08 Councilmember Barbara Peterson 475-2706 It should be noted also that certain members will be out of town on the dates specified above. The Council asked each of those in attendance during their Interview to address three items. They were: - Why are you interested in the position? - What background do you think you have that is relevant to the position? - Would you be willing to serve in some other capacity, if not selected for this position? You may choose to address these when you talk to the individual Councilmembers. The Council is intending to make their selection for the position at their February 9, 1987 Council meeting. Sincerely, Mar��/her"d ao nL ew� City Administrator BVILDINCAL ImIRC_%49l7 and. Cou AU,NiSnA"I AFINANCe-47343SB R FGBLIC WORKS -41}7]S9 ASSFSSING I bsl Offa,• IWa Iii•Cryxbd IfuY. Min nenoW &`L3Lf•Mumclpnl Utncee On the North Shore o/ Lake Minnetonka January 16, 1987 Mr. Lee Erger 3265 Crystal Bay Road Wayzata, MN 55391 Dear Mr. Erger, At the Council's January 12. 1987 meeting the Council as a group interviewed candidates for Park Commission. You had indicated an interest in this position, but were unable to attend. Even though you are an incumbent, it would be appropriate tnat you make a contact as 3 of the 4 members are new to the Council. The Council has directed me to contact those who were not able to be present to indicate that if they did have a further interest, that they should contact the Individual Councilmembers by telephone. The Councilmember's evening telephone numbers are: Out of Town Mayor James Grabek 472-2007 1/14 - 1/28 Councilmember William Sime 471-0296 1/13 - 1/24 Councilmember J. Diann Goetten 473-6633 1/25?- 2/08 Councilmember Barbara Peterson 475-2706 It should be noted also that certain members will be out of town on t'ie dates specified above. The Council asked each of those in attendance during their interview to address three items. They were: - Why are you interested in the position? - What background do you think you have that is relevant to the position? - Would you be willing to serve in some other capacity, if not selected for this position? You may choose to address these when you talk to the individual Councilmembers. The Council is intending to make their selection for the position at their February 9, 1987 Council meeting. M1 k Bern ar d s� City Administrator cc: Mayor and Coucll BUILDING A ZONING - 473 7357 • ADMINISTRATION A FINANCE - 473J358 • PUBLIC WORKS - 113-7359 ARWING CITY of ORONO fast Office Iba FA-CrysWl Nay, Minnew,W S.TGf•Municipal Offices On the North Shore o/ Lake Minnetonka January 16, 1987 Ms. Jorja Lynn 1265 Bracketts Point Road Wayzata, MN 55391 Dear Ms, Lynn, At the Council's January 12, 1987 meeting the Council as a group interviewed candidates for Planning Commission. You had indicated an interest in this position, but were unable to attend. The Council has directed me to contact those who were not able to be present to indicate that if they did have a further interest, that they should contact the individual Councilmembers by telephone. The Councllmember's evening telephone numbers are: Out of Town Mayor James Grabek 472-2007 1714 Councilmember William Sime 471-0296 1/13 - 1/24 Councilmember J. Diann Goetten 473-6633 1/25?- 2/08 Councilmember Barbara Peterson 475-2706 It should be noted also that certain members will be out of town on the dates specified above. The Council asked each of those in attendance during their Interview to address three items. They were: - Why are you interested in the position? - What background do you think you have that is relevant to the position? - Would you be willing to serve In some other capacity, if not selected for this position? You may choose to address these when you talk to the Individual Councilmembers. The Council is intending to make their selection for the position at their February 9, 1987 Council meeting. Sincerely, Mark Bernhardaon �d City Administrator cc: Mayor and Coucil BUILDING& ZONING -47b7557 a ADMINISTRATION&FINANCE -47b7155 a PUBLIC WORKS -47Y7159 ASSESSING CURRIC�UIM VITAE Lee E. Schacht, Ph.D. PRESENT TITLE: Supervisor, Human Genetics Unit Minnesota Department of Health ADDRESS: Office - 717 Delaware, S.E. Minneapolis, Minnesota 55440 Telephone: (612) 623-5269 Hone - 285 Leaf Street Long Lake, Minnesota 55356 Telephone: (612) 473-4939 PLACE OF BIRTH: Detroit, Michigan BIRIHDATE: September 13, 1930 EDUCATION: Dartmouth College University of North Carolina SOCIAL SECURITY NUMBER: 392-28-2346 A.B. 1952 M.A. 1955 Ph.D. 1957 EXPERIENCE: Dartmouth College, Department of Zoology Teaching Assistant 1952 University of North Carolina, Department of Zoology Teaching Assistant 1953-1956 University of Michigan Medical School - Deparbn t of Human Genetics N.I.H. - Postdoctoral Research Fellow 1956-1957 Instructor and Genetic Counselor to the University Hospital 1957-1960 Minnesota Department of Health? Section of Maternal and Child Health Supervisor, Human Genetics lh:it 1960-present Acting Director, Division of Special Services 1972-1973 Acting Chief, Section of Maternal and Child Health 1972-1973 Supervisor, Health Resources for the Handicapped Unit 1973-1978 University of Minnesota, School of Public Health - Maternal and Child Health School of Medicine - Preventive Medicine Lecturer 1964-1974 Graduate School Faculty 1968-present Adjunct Assistant Professor 1974-1977 Adjunct Associate Professor 1977-present AREAS OF RESEARCH INTEREST: Hereditary degenerative neurological diseases Genetic implications of handicapping conditions as related to reproductive potential Mental retardation Congenital malformations Page 2 - Lee E. Schacht, Ph.D. PROFESSIONAL SOCIETIES AND ASSOCIATIQIS: American Society of Human Genetics Fellow - American Public Health Association Minnesota Human Genetics League PARTICIPATION IN SEMINARS, PLANNING AND PROFESSIONAL MEETINGS: Annual Meeting of the American Society of Human Genetics, Every other year since 1957 X International Congress of Genetics, Montreal, Canada, 1958, Presented paper II International Congress of Human Genetics, Rare, Italy, 1961, Presented paper II International Congress on Congenital Malformations, New York, 1963 "Genetics and the Epidemiology of Chronic Diseases" (a symposium sponsored by the Dept. of HEW) Am Arbor, Michigan, 1963, Member of the Planning Committee "Developnent of Community Health Services for Children with Congenital Anomalies" (a synposium sponsored by the University of Michigan) Ann Arbor, Michigan, 1963 "Hunan Genetics in Public Health" (a syn@osium sponsored by DHEW-MCH) Minneapolis, Minnesota, 1964, Chairman, Planning Committee, Editor of Proceedings "Institute on Mental Retardation for College Faculty Menbers" (sponsored by DHEW-MCH) Minneapolis, Minnesota, 1964-1968. .('Three Institutes were held during this Period) Nantes of Planning Camnittee, a paper was presented at each Institute Fourth Bi-Regional Confete,iee of Maternal and Child Health Directors, (sponsored by DHSNI+ii! Regions 5 and 6) Minneapolis, Minnesota, 1965, meaber of Planning Committee, Presented paper III International Congress of Human Genetics, Chicago, Illinois, 1966 "Nutrition and the Inherited Diseases of Man" (a synpoeium sponsored by DHEW-mm), Minneapolis, Minnesota, 1966, Co -Chairman, Planning Committee, Editor of Proceedings XII International Congress of Genetics, 'Tokyo, Japan, 1968 American Association on Mental Deficiency, Washington, D.C., 1970, Presented paper National Conference of Developmental Disabilities, Washington, D.C., 1972 Annual Meeting of the American Public Health Association, Washington, D.C., 1977, Presented paper rUge � - wan Q. xuuL.,,, ui.u. Department of Health, Education and welfare, "Public Hearing on the National Genetics Disease Act", 1978, Presented paper, Served as a Summary Panel Member "Genetic Services for the Community" (a symposium sponsored by the Dight Institute for Human Genetics and the Minnesota Human Genetics League) Minneapolis, Minnesota, 1978, Member of Planning Coamd.ttee, Presented two papers Annual Meeting of the American Society of Human Genetics, Minneapolis, Minnesota, 1979, Member of Planning Committee, Plenary Session Chairman "Genetics and the Nursing Link" (sponsored by University of Minnesota, Continuing Education) Minneapolis, Minnesota, 1979, Presented paper "Hereditary and Acquired Neurological Diseases" (a symposium sponsored by the University of Minnesota, Continuing Medical Education and the School of Medicine) Minneapolis, Minnesota, 1980, Presented paper Annual Meeting of the American Public Health Association, Detroit, Michigan, 1980, Presented two papers "Counseling Individuals and Families Having a Genetic Disorder" (a symposium sponsored by the University of Minnesota, Continuing Education in Social Work and Nursing) Minneapolis, Minnesota, 1980, Member of Planning Committee, Presented paper COMMISSIONS, BOARDS, COUNCILS: Governor's Planning Council - Task Force on Preventive, Diagnosis and Treatment of Mental Retardation, 1964-1969, Menber Governor's Planning Council on Developmental Disabilities, 1972-1979, Member Committees of this Council: Ex9cntive Committee - Member Grant Review Committee - Member Early Intervention and Prevention Committee - Chairman C.A.I.R. - Steering Committee - Chairman (A statewide steering committee on Community Alternatives and Institutional Reform. This was a project to design a comprehensive plan of canunity services for farmer, present and potential residents of state institutions for retarded and developmentally disabled persons) Metropolitan Health Board - Task Force on Developmental Disabilities, 1972-1975, Member Human Genetics Coordinating Committee, University of Minnesota Medical School (appointment by the Dean) , 1979-1982, Member (Comnittee disbanded in 1982) Page 4 - Lce E. Schacht, Ph.D. North Central Chapter - Committee to Combat Huntington's Disease, Consultant on genetic aspects of Huntington's disease, 1975-present Minnesota Sickle Cell Foundation, Member of planning and advisory committee, 1972-1974 Co mission for the Control of Huntington's Disease and Its Consequences (This Ccfmission was appointed by the Secretary of DHEW, at the direction of Congress, and reported to the President, the Secretary and Congress in October 1977) 1976-1977 Comdssion member (appointment May 1976) Ccmmnission Liason to Genetic Counseling Work Group Comnission Liason to Center for Disease Control Work Group Commission Liason to Health Care Needs and Health Care Delivery Systems Work Group National Task Force on the Definition of Developmental Disabilities (sponsored by DREW and the Developmental Disabilities Office) 1977, Task Force member Nationale Ataxia Foundation Board Member, 1974-present Executive Committee Member, 1974-present Medical Advisory Committee Member, 1974-present Vice -President, 1978-1979 President 1982-present Minnesota Hinman Genetics League Board Member, 1961-present President, 1964-1971 Vice -President, 1975-1980 Medical Research Crnmittee, Department of Public Welfare Consultant on genetic research projects to be carried out in state institutions or involving wards of the Cafmissic.,er of Public Welfare, 1964-present Maternal and Child Health -SPRANS Genetic Education Grants Review Committee, HRS, 1983 Midwest Regional Genetic services Network Steering Committee Member, 1985-present Subco ndttee on Third Party Reimtursaenrt Member, 1985-present Minnesota Department of Human Services Advisory Task Force on Mental Retardation, Related Conditions and Physical Handicaps Member, 1985-present National Crmnission on Orphan Diseases - U. S. Dept. of Health and Huxnan Services Comnlssion member, 1986-present Faye i - i [a (.. Schacht, Ph.U. CURRfNI ACTIVITIES (1986) Minnesota Department of Health Supervisor, Hunan Genetics Unit Division of Maternal and Child Health University of Minnesota School of Public Health - Division of Maternal and Child Health Adjunct Associate Professor Taught course "Hunan Genetics in Public Health" (3 credits) Participated in course "Handicapping Conditions in Children Participated in course "Prevention" Participated in course "Priniciples of Maternal and Child Health" School of Medicine - Department of Preventative Medicine Adjunct Associate Professor - Graduate faculty Participated in one MS and one Ph.D. oral examination Minnesota Lepartment of Human Services Member, Advisory Task Force on Mental Retardation, Related Conditions and Physical Handicaps National Ataxia Foundation President Hoard Member Executive Committee Member Medical Advisory Committee Member Hereditary Ataxia Clinic Member of Advisory Conmittee Genetic Consultant and Counselor Huntington Disease Clinic Member of Advisory Committee Genetic Consultant and Counselor Metro Care Center - Community Advisory Council (Huntington Disease) Member Minnesota Human Genetics League Hoard Member (Past President) Midwest Regional Genetic Services Network Member, Steering Caumittee Member, Subcomdttee on Third Party Reimbursement National Commission on Orphan Diseases - U. S. Department of Health and Human Services Commission member euyc U - u:U L. JCUJUIIL, V11.U. �fJ�(•�_��1�Ji�� Schacht, L.E., "The Time of X-ray Induction of Crossovers and Translocations in Drosophilia Melanogaster Males." Genetics, 43:5, September 1958. Schacht, L.E. and H. Gershoaitz, "Correlation Between Potentially Fatal Diseases in Children and Bloat Types: Sib Analysis," Proceedings of the AIRS, August 1959. Gershooitz, H. and L. Schacht, "The Relation of Blood Groups to Leukemia, Nephritis -Nephritis, Congenital Heart Defects, and Rheumatic Fever: Sibs Analysis." Annual Proceedings of the American Society of Human Genetics, May 1960 Schacht, L.E. and H. Gershowitz, "Frequency of Extra -marital Children as Determined by Blood Groups," Proceedings of the Second International Con- ference of Human Genetics, September 1961. Schacht, L.E., "Genetic Counseling," Eugenetics Quarterly, 8:4, December 1961. Cleve, 1%, R. L. Kirk, W.C. Parker, A.G. Bearn, L.E. Schacht, H. Kleinman, and W.R. No:sfell, "TW Genetic Variants of the Group - Specific Component Of Human Serum: Go Chippewa and GC Aborigine," The American Journal rf Human Genetics 174, December 19-61. Schacht, L.E., "'line Application of Genetic Knowledge to Various Public Health Disciplines," Human Genetics in Public Health, University of Minnesota Press, August 1964. Editor, L.E. Schacht. Ibid. "The Human Genetics Unit in the Minnesota State Department of Health," Human Genetics in Public Health, University of Minnesota Press, August 1964. Editor, L.E. Schacht. Schacht, L.E., "General Genetics," Nutrition and tho Inherited Diseases of Man, University of Minnesota Press, May 1966. Editor, L.E. Schacht. Schacht, L.E., "^'%king a Family History," Chapter 1, Clinical Genetics, ed. Sorsby, Bur::eroxth, 1972. Schacht, L.E., "General Principles of Genetics, Including Counseling," Chapter 31, Otv1:yngolagy, Paparella and Shumrick, ed. 1972. Pub. Saunders. Fisch, R.O., W.C. Wetter1mg, L.E. Schacht, R.D. Letson, "Ocular Abnormalities of a mild Asociated with Familial Microeephaly," American Journal of OF;-t aLrology, 76:2, August 1973. Schac &, L.E., M.B. Jenkins, "General Principles in Genetics, Including Coun- seling." Chapter 31, Otolaryngology,Paparella and Shumrick, 2nd edition. Saunders, 1980. January 23, 1987 Mayor James Grabek 970 Forest Arms Lane Mound, MN 55364 SUBJ: Composition of the Planning Commission Dear Mayor Grahek: Is there a real need for two (2) rural and two (2) urban representatives on the Planning Commission, as Der Sec. 2.51, Subd. 1 of the city ordinance? Does the ordinance serve a useful purpose or just restrict the mayor and council from appointing the 7 most qualified applicants? faking into consideration that the Planning Commission is an advisory body to the mayor and council and that the mayor and councilmembers were elected by the citizens of Orono to represent the best interests of the entire city; is the criteria of where a commission member lives really important? Are the city and council better served using this criteria? I believe that the Planning Commission is a very important part of our city government and do not envy your job in the coming weeks of "weeding out" (no pun intended) the special ;. :eat applicants from the truly sincere individuals who are willing to give up their valuable time to help keep Oronc a better place in which to live. In the few weeks ahead, I hope you will take my letter into consideration and base your appointments on not where an applicant lives, but rather intelligence, fairness, openmindedness and the sincere desire of the individual to serve his or her community for the betterment of the entire city. Sincerely, �7�w�.GC �iGC�,Gurz� Frank Peterson ' _ U 2 W7 0 It O N O U U G 6 F O N Y S H D W ??��1, Did eve., _.e receive their latest BILL SIME LETTER? Better known in our household as the "ORONO ENQUIRER". I would like to answer and give kry opinion of the letter. NO! I do not want to start paying for the ENQUIRER under the new name "Community Newsletter". And, yes, I did see the ads in the newspapers asking for people who were interested in being considered for the vacant seat to submit a resume. I can't help but wonder if those ads were a sign of the new "open" government we've been promised or just part of another well organized "Dog S Pony Show". I wonder if the two women presently on the council will have a vote on filling that vacant seat? Will the three women who submitted resumes for the vacant council seat really be considered since we already have two women councilmembers? Or, like a group of racing dogs, are they chasing a rabbit being offered, that they can never have? I can't help but wonder if the rest of the candidates aren't in a pony race that has already been fixed and the rest of us being taken for a free pony ride in the name of "open" government. Most people like to forget about campaign brochures and letters to the editor after an election. But, I would like to quote from one "team" brochure I received during the election. It was from "FOUR ORONO CANDIDATES UNITED FOR HARMONY AND PLEDGED TO OPEN, RESPONSIVE CITY GOVERNMENT". The "team" consisted of James Grabek, William Sime, Jr., Edward Callahan and John Nuetzel. In their brochure, the "team" made the statement, "IN THE PAST, SOME PUBLIC OFFICIALS HAVE LOST SIGHT OF THEIR RESPONSIBILITY TO REPRESENT ALL OF THE PEOPLE OF ORONO. A FALSE SENSE OF POWER SOMETIMES DOES THAT. OTHER OFFICIALS HAVE EXPERIENCED THE FRUSTRATION OF BEING A SOLITARY VOICE AMONG THEIR PEERS, A VOICE WHILE HEARD, IS OFTEN HAMPERED AND OUT -VOTED. THE RESULT IS A CIT1 COUNCIL THAT DOESN'T FUNCTION AS IT COULD --- AND SHOULD". "WE THINK WE CAN CHANGE THAT." Mayor Grabek and Councilman Sime car change that and all they have to do is get one more "team" member on the council rnd the two women counciimembera wr elected to represent us won't be ab) .o FRUSTRATE THEM OR HAMPER THEIR IDEAS OF HOW THE CITY SHOULD FUNCTION. Let me explain how Mayor Grabek 5 Councilmember Sime could get their 3rd "team" member on the council w+thout a vote from the women council - members. When a statutory city council (such as ours) casts a tie vote while filling a vacancy in its membership, the mayor has the privilege of filling that vacancy by appointment even if the mayor, as a member of the ..council. created the tie. He does not need to appoint one of the can- didates involved in the tie. If Mayor Grabek should ur+ his power of appointment to get his "teammate" Ed Callahan on the council, will it be because he is one of the "team" or because he was the most qualified MAN for the job. Let's take a minute to compare the history of 2 former Orono councilmembers; Mr. John Hammerel S Mr. Ed Callahan ----- Mr. Hammerel .......... Mr. Callahan .......... Planning Commission Member Planning Commission Member appointed to a council seat appointed to a council seat term expired term expired ran for election ran for election turned down by voters turned down ky voters an open seat after the election an open seat after the election applied for open seat applied for open seat appointed open seat by a ?????????? 3 to 1 vote The descending vote in Mr. Hammerel's second appointment was cast by Mr. Grabek (then a councilmember). He felt it inappropriate to make a 2nd appointment of Mr. Hammerel after he was turned down by the voters. I wonder if the now Mayor Grabek will still feel it inappropriate or will "team spirit" prevail? If "team spirit" does prevail, what will it mean to the two women we elected to represent us? Will it entitle them to a "FREE PONY RIDE" during regular council meetings? I am one citizen who is tired of scraping pony dung off my shoes and hope that Mayor Grabek and Councilmember Sime meant what they said in their "team" brochure about "OPEN S RESPONSIVE GCVERNMENT". Lord knows there is plenty of room in rural Orono to put the ponies out to pasture!!! We can only hope that after the February 9th council meeting that we have 5 INDEPENDENT thinking represer,tati :s and a truly "OPEN, RESPONSIVE GOVERNMENT". Sincerely, 7�»J THOMAS PAINE Orono 12987.1 L U ;, ASTING To: Mayor and City Council FROM: Mark Bernhardson, City Administrato \1� FcB 7 ` 1987 DATE: January 29, 1.987 CWY Ji GRONO SUBJECT: Big Island Board of Governors Veterans Camp Attachments: A. December 29, 1986 Memo on Big Island . .i of Governors (attachments not included) B. Big Island Board of Governors Redevelopment Master Plan C. Conditional Use Permit #1988 ISSUES A. Review of Board of Governors Conceptual Plan B. Discussion of Requirements for Big Island Board of Governors to Meet Prior to Issuance of any Further Permits INTRODUCTION - Tha Big Island Board of Governors, which took title - to tie property from the State of Minnesota in November 1985 had submitted a request for and received approval of a conditional use permit which granted limited over -night camping for working parties. It additionally allowed a caretaker to live on the property throughout the summer. This originally expired in September 1986, but the Counci 1 chose to extend it to December 31, 1986. December 31, 1986 was also the deadline set for submission of a master plan by the Board of Governors. This deadline was suggested by the Board and accepted by the Council. As noted in attachment A the Board made an informal presentation of their master plan to staff on December 17, 1986 and it was recommended that they make a conceptual overview of the plan to the Council at a regularly scheduled Council meeting. Additionally it was recommended that they submit an application to have the entire concept formally reviewed first by the Planning Commission and then by the Council. The previous Council was holding hazardous buildings proceedings in abeyance pending receipt of the master plan. As noted at the last Council meeting you extended the deadline for commencement of hazardous buildings proceedings from December 31, 1986 to March 9, 1967 pending the outcome of the formal application process. The previous Council's direction was that no further building permits, apart from the limited number already issued, would be granted until the master pl-n had been approved by Council so that no further work would le done that was not in concert with the overall development plan. 1 DISCUSSION - In relationship to the development of property the following represent requests made by the City, either Council or staff. These would be appropriately included in consideration of the naster plan. 1. RTpair Schedule of �Exx�is�ti�ng Buildings - In the conditiona�se peimie one of tT a requirements was that they submit a repair schedule for buildings that were to remain. Apart from permited repair of three bathrooms plus the caretaker's cabin, the City has received nothing to indicate their plans to either remove or repair other buildings with an accompanying time schedule. 2. Work to Date Progress Report - At the December 17th meeting between staff and representatives of the Board it was requested that they prepare a report representing the work that they had done to date regarding the island. 3. Funding Program - A representative of the Board of Governors indicated that they are developing a funding program and will be presenting that to Council. 4. Financing Program - To give meaning to the master plan rt would be helpful that financing costs be attached to each of the phases outlined and that be tied to the funding program. To the extent that substantial work is done by volunteer labor it would be helpful to indicate which items would be expected to be done with voluntee.: labor plus any attendant costs, such as materials, together with a timetable for the work. 5. Application for Conditional Use Permit - As noted in the motion from the January 12, 1987 meeting the Council requested Big Island Board of Governors submit their application by January 31st for consideration on February 17, 1987 Planning Commission meeting. To date this has not been received. 6. Board/Staff Relationships - While addressed last September no effcrt has been made to address Board concerns with the City Administrator as directed by Council at their August 25, 1986 Council meeting. ISSUES AND CONCERNS 1. 1987 Work Pro4 P ress and Develo ment - Concern ------ - ---- regaraIng tT,e entire master plan is tFie extent to which proposed development will actually occur. In preliminary discussion they indicated they would obviously like to complete the Master Plan in the next few years, but it may take as many as ten. Because of this it is important to tie in their funding and financing to understand the timing of what they anticipate to be done. In line with this it would be appropriate that the plan indicate which of the existing buildings will remain and the work schedule for fixing those up together with indicating how long those would be utilized. A concern also related to the progress is the understanding that there were no monies appropriate to this Veterans Camp during any of the conventions of the four organizations that make up the Big Island Board of Governors. Given the unique nature of the development they are undertaking and given the fact it would not be easily converted to other uses together with just the magnitude of the operation, it may be worth exploring the issue of requiring a letter of credit to ccver the proposed development and a timing schedule that needs to be met in order to insure that it happens. 2. Compliance - The City does have a concern related to their ability and/or desire to comply with City requirements. This was initially indicated in the fish ice house storage on the island, but has continued to the extent that work has been done beyrnd that permitted in a conditional use permit or work dcne which required building permits that have not teen taken out. Additionally it has been indicated that the dining hall which was a building that was secured and in need cf extensive repair was utilized as a dining facility during the summer of 1966. while not necessarily requiring a conditional use permit to utilize it for the working parties, it is anticipated that a significant amount of work requiring building permits would need to be clone to make it safe for food service. A list of all the issues related to the dining h.11 have previously been given to members of the Board. 3. Annexation - As you will recall the Board made the offer at tTiey be annexed to some other community so that •could find a staff that was more amenable to work the Board. The City has no indication that they nave approached any of the other communities regarding this nor filed any petitions in relationship to it, however, it would be staff's recommendation that the City contest any such annexation as the Big Icland properties represent a key environmental point on the lake. RECOMMENDATION - Staff recommends the following direction be given to the Big Island Board of Governors related to their development. A. That no conditional use permits for any further activ.ty requiring such permits be granted tc the Boar.] until the master plan in total has been reviewed and agreed to by the Planning Commission. Such a master plan would include the following: - Staging plan (both new and existing) - Repairand removal schedule - Funding plan - Financing plan B. No further building permits be issued until the master plan has received final Council approval. C. Have the City Attorney explore the appropriateness of requiring a letter of credit as a condition of approval of a master plan which would include the total amount of anticipated development together with sequencing and that the letter of credit be tied into the financing plan. D. That hazardous buildings proceedings be delayed until the Council meeting March 9, 1987 to determine application status of the master plan. PROPOSED MOTION - Moved by _, seconded by , that the Council gives the following direction to the Board of —Governors: A. That no conditional use permits for any further . -ivity requiring such permits be granted to the Board u..til the master plan in total has been reviewed and agreed to by the Planning Commission. Such a master plan would include the following: - Staging plan (both new and existing) - Repairand removal schedule - Funding plan - Financing plan B. No further building permits be issued until the master plan has received final Council approval. C. Have the City Attorney explore the appropriateness of requiring a letter of credit as a condition of approval of a master plan which would include the total amount of anticipated development together with sequencing and that the letter of credit be tied into the financing plan. D. That hazardous buildings proceedings be delayed until the Council meetinq March 9, 1987 to determine application status of the master plan. CC: Jeanne Mabusth, Zoning Administrator John Gerhardson, Public Works Coordinator Tom Jacobs, Building Inspector Michael Gaffron, Assistant Building and Zoning Administrator Ed Morrow Stu Gorney Joe Backus 1011 Nicollet Mall Minneapolis. Minnesota 55403 American Institute of Architects National Society of Professional Engineers Setter, Leach & Lindstrom I Architects, Engineers & Planners COM.NO.: 1875.001.02-1 CLIENT: Big Island Veterans Camp PROJECT: Redevelopment Master Plan susiscT: Telephone Conversations MEMO BY: F. John Barbour DATE; December 16, 1986 The following is a memorandum of several telephone conversations during the past 10 days with Mark Bernhardtson, City Administrator, Orono, Minnesota, regarding several items in their letter of December 13, 1985. Boathouse They are not ruling out the possibility of reconstructing the boathouse, but stating that obtaining approvals will be difficult considering the various agency approvals required; that if retention of the boathouse is that strongly desired, then it is worth going through the process required to attempt to receive that approval. Multiple Dwelling Buildings Multiple dwelling buildings are not included in the list of Permitted or Conditional Uses allowed in an ORS" Seasonal Recreational District primarily because of concern for fire. The cabin clusters (to facilitate camp use by elderly and mobility impaired as well as providing general convenience) and multi -unit housing structure (for mobility -impaired individuals and future energy -efficient winter use) will require a zoning ordinance amendment and attendant conditional use permit. Smoke detectors and other forms of fire protection will go a long way towards obtaining approval for these building types. Minimum Standards According to the zoning code, a minimum of one acre is required for each sleeping cabin or dwelling unit or for two tent camping spots. The proposed 44 sleeping cabins, 20 units in the multi -unit housing structure, 3 staff cabins and 25 tent camping sites exceeds that which is allowed for the 58 acre site. Except for the tent camping sites, this is approximately the same number of cabin/housing units as previously located here. However, a zoning variance is required to exceed the 58 housing units currently allowed. If, in your review of this memo, you find that your interpretation of any of the subjec matter varies, please advise us. F._JoFn Barbour, Ed Frenette, AIA Senior Project Architect Director of Design a Planning dj9 (P-1) xc: Mark Bernhardtson, Joe Backes, Edward S. Morrow 122996.8 l // A,N7 -• _ a �JAr7�nt„ "f0: Mayor and City Council FROM: )lark Bernhardson, City Administratorxt O 13 DATE: December 29, 1986 SUBJECT: Big Island Board of Governors ATTACHMENTS: A. Big Island Board of Governors Master Plan - Revised December 1986 ISSUE A. Transmittal of the master plan as contained in Attachment A. INTRODUCTION - 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 the island. On December 17, 1986 Jeanne Mabusth and myself were invited to meet with two representatives cf 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 to be made to the Council together with submitting a formal application for consideration of their master plan. Such a presentation 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 have is to complete work under existing building permits for the bathrooms and the carotaker's 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. This lapsed the end of December and in eiscusslon on December 17th the Big Island Board of Governors inaicated their desire to continue work thru 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 additionally indicated that in order to make the master plan meaningful that they would need to attach the financing plan for their master plan together with the long term funding plan that they have indicated will be undertaken. OUTSTANDING ISSUES Staff/Board Relationshlp - 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 1966 to work with staff to address those issues. To date the Board has not availed itself of that opportunity. - Fish House Storage- Fish houses that were stored on the Island during the winter of 185-186 have as of this date been removed according to the Big Island Board of Governors. They are of the understanding that these are 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. The City is awaiting receipt of this report. RECOMMENDATION - It is recommended that the Big Island Board of Governors be directed to submit the formal application for their master plan by January 31, V9 7 for consideration at the February 17, 1987 Planning Commissior meeting with a summary presentation of the master plan at the Council's February 9, 1987 meeting. It 1s additionally recommended that 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 secorded by , that the Big Island Board of Governors De 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 that the hazardous buildings proceedings be held in abeyance until March 9. 1987 to monitor progress on the master plan consideration. Ayes Nays _ cc: Ed Morrow Joe Backus Stu Gorney John Barbour, Setter, Leach 6 Lindstrom Jeanne Mebusth, Building and Zoning Administrator John Gerhardson, Public Works Coordinator Tom Jacobs, Building Inspector °4 .� » /) ,©° : f . ! INDEX INTRODUCTION GOALS SUPPLEMENT TO PLANNING ANO SITE EVALUATION STUDY PHASE I PHASE II PHASE III PHASE 1V PHASE V PHASE VI PHASE VII PHASE VIII PHASE IX PHASE X CONCLUSION INTRODUCTION The objective of this plan is to provide a working tool for the continued use and reconstructio,. of the Big Island Veterans Camp on Lake Minnetonka. This plan is a guide and may need revision periodically to remain current due to discovered site conditions, decisions made by the City of Orono and other public bodies, and the final design of the site and buildings. The Board of Governors of the Big Island Veterans Camp, r- state statute is eager to make available an efficient, economical barrier free cr to 600,000 Minnesota veterans and their families. In oraer to make facilities available as quickly .s possible, and because of limited financial resources, this development plan is b .,ken into a number or phases. Each phase does not represent any particular amount Gf time and individual phases may overlap as manpower and resources are available. The following two documents are appended to this report for additional reference: Big Island Veterans Camp. Planning ar7 Site Evaluation Survey, Setter, Leach 6 Lindstrom. October 28, 1985. Facilities Survey of the Big Island Veterans Camp, Big Island. Lake Minnetoanka. Village of Orono, State of Minnesota Department of Administration, Division of Architecture and Engineering, August 1979. GOALS To provide a workable, understandable Ind feasible plan for* the timely, economic renovation and reconstruction of the physical facilities. To provide the following camp 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 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 recom -d 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 steel 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 —neral 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 stud] 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 UAV Philanthropic Organizations B. Develop short range plans C. Develop long range plans PILASE 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 general appearance of property. PHASE III A. Renovate selected existing buildings for code compliance for use during camp reconstruction. B. Develop temporary nt 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. 0. Restore selected electrical sen E. Restore selected water service. 1. Sanitation. 2. Fire prevention. F. Restore selected sanitation facilities for code compliance for use during camp reconstruction. G. Plan new construction for Phase IV. H. Organize advertising campaign. PHASE V A. New Construction: 1. Caretaker cabin (winterized). 2. Staff cabins (winterized). 3. Winter water supply. 4. Campground area toilet/shower building. D. Continue land improvements: 7. 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. Summer facility usage. 5. Establish year-round caretaker. D. Plan development of Area 1. E. Develop state-wide marketing campaign. F. Continue 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. B. 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 VII A. Establish Cabir. 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. o. Continue assessment of: 1. Site use. 2. Marketing. 3. Programming. 4. Funding. 5. Future needs. PHASE VIII A. Establish Cabin Area 3. 1. Construct new cabins. 2. Or renovate existing multi -unit struLture. B. Plan Development of Area 4. C. Continue year-round facility usage. D. Continue assessment of: 1. Site use. 2. Marketing. 3. Programming. 4. Funding. 5. Future needs. PIT'.SE IX A. Establish Cabin Area 4. 1. Remove old structures. 2. Construct new cabins. B. Continue year—round facilitv usage. C. Continue assessment of: 1. Site use. 2. Marketing. 3. Programming. 4. Funding. 5. Future needs. PHASE X A. Establish Cabin Area 5. 1. Construct new cabins. B. Continue year-round facility usage. C. Continue assessment of: 1. Site use. 2. Marketing. 3. Programming. 4. Fund'ng. 5. Future needs. j City of ®RONO RESOLUTION OF THE CITY COUNCIL NO. 1988 A RESOLUTION GRANTING A CONDTIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.31, SUBDIVISION 3 (D) PILE 41014 WHEREAS, Leonard A. Carlton, Chairman of the Big Island Veterans' Camp (hereinafter "the applicant") has an interest in the property located on Big Island, Lake Minnetunka within the City of Orono (hereinafter "City") and legally described as follows: Government Lot One (1), Section Fourteen (14), Township One Hundred Seventeen (117), Range Twenty -Three (23); and Government Lot Two (2), Section Twenty -Three (23), Township One Hundred Seventeen (117), Range Twenty -Three (23); and That part of Government Lot Three (3), Section Twenty -Three (23), Township One Hundred Seventeen (117), Range Twenty -Three' (23), commencing at the Northeast corner of said Government Lot Three (3), Section Twenty -Three (23); thence Southwesterly along the lake shore to the Northe.::t corner of Lot A, Morse Island'Park; thence South 350 feet to Lake Minnetonka; thence East along the shore of Lake Minnetonka to the East. line of said Lot Three (3); thence North to the place of beginning. WHEREAS, the applicant has applied to the City of Orono for a Conditional Use Permit to permit the temporary overnight camping of workers involved in the clean up of the property per Muni.:ipal Zoning Code Section 10.31, Subdivision 3 (D). NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Ig04.:,3C,.*A 1. This application was reviewed as Zoning File i1014. 2. The property is located in the RS, Seasonal Recreational Zoning District. 3. On April 21, 1986, the Orono Planning Commission reviewed the application as amended and recommended approval based on one or more of the following findings: A) The property consists of 57 acres and can provide adequate camping area for a crew of 57 workers. Applicant shall maintain 1 acre per worker ratio. Page 1 of 4 City of ORONO ,SOLUTION OF THE CITY COUNCIL NO. 1988 S) The proposed temporary use of the - is n� will not have an adverse effect upon the lake, upc. 'he land nor upon neighboring properties. C) Adequate fire protection shall be pr-vided for overnight campers and during open burn activiti. 4. The City Council has considered this application iucludi:eq the findings and recommendations of the Planning Cc'missic• reports by staff and commenas of the applicant rr9 the. efact -,i the proposed *-as on the health, sa:-nty and .,elfart of the c mmunity. 5. Th City Council fit.is that g_ar •.q a Conditional Use Permit to allow the temperary cvernight c, of workers involved in tie ?n up of the property wi' L detrimental to the ha..,; .. safrty or general welfare t) r- blic, would rr` adversely affect light, air :tor pose a hazard or oth . danger to neighboring plaperties, nor it depreciate surrounds L_i property -slues and that the pr ed t:mporary use of the property as approved wi 1,e in F-a, i.,g with the intent and objectives <£ the Zoning ;ensive Plan of the City. tONCLtlSION3, Oh: ` .i ,.TIONS tossed upa, ^:.a �r more ..a .e 14•,dings, th- --ono City Council :ti .ebv a temporary " it"a1 rler, 1 mat pt ,nieipal 7.. ing Coda Sectiu. 1u.31, Subdivision 3 (D) to permit-vernight ping of _o: crew?, involved in the clean up of the Big Island Veter- e' Camp t,om Ma} 15, 1996 through September 1, 1986, subject to the fn, ;wing conditior-- — _ ----- - - 1. Crew to ue lim.._ed to 57 workern - family members and friends cannot on camr site for the •ration of temporary permit. wor::. -s shall. use Portable ga- stoves and rhax coal grills for cooking - o- n Lurrin, to be appr, lire r,%rrhall. 3. Tent-r ; all I only fot d work crews. The authorizer .,aretak,er .;.,all be th, .,nly person to .emain o sit- 1, the duratio, of ae temporary permit. 4. The :acilty she] 1 be inspected by t).e nron, staff on a regular basis during the r.lean up progran.. 5. r!azardous buildings rot removed art to remain bo. up. 6. Pit^ extinc..' 'ers must be pr-vided on sice. 7. seTt--c faci es and water .. upply she?' be appro,. ed bl the Or-ito ..raft. Garbage coll.-rt�on sna.l be prov d Bail!,. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1988 S. Provide current certificate of insurance coverage. 9. Materials no-: able to be burned will be stored i:, an area approved by the Orono staff until "ice in", at which time the debris will be hauled off the island. 10: Provide repair schedule for buildings that remain. 11. Big Island Veterans Camp shall be limited to 2 permanent slips at the exis':rg dock for the overnight mooring of 2 camp owned boats. Applicant must se, approval from I,MCD for temporary use of s. ps. 12 The clean-up program shall be limited to the foll •: tivities: a) ra'"g and burnirg of buildings cl, . up and boning of debris/brush locate and determ] ,e usability of existing septic ,.ystems and well. 11. Any ac._ ties condu-+.ed on the property not covered by this iit or not meeting ,.,,e origi: al intent of this temporary permit shall result in the immedia-,a termination of said permit and all activities apprc-ed therein. 14. 7iolation of or n, :ompliance .,ith any of the terms and conditions o_ this resolut •n shall constit, to a vl,)lation of the zoning code, shall automA, lly terminate any eet`nrity granted herein, and shall be puni )Is as a misdemeanor. `S. The undersigned applicant has read, understool and hereby agrees to the terms of this resolution and on beha., of himself, his heirs, successors and assigns, hereby agreee to the recordi-g of this resolution in the chain of title of the property. 1.dopted by the Orono City Council on this 12th day of May, 198q. a1in, City Clerk /i m Mary C. Butker, Mayor Page CTJ tty of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1988 STATE OF MINNESOTA ) as. COUNTY OF HENNEPIN ) On this lej 4-. day of , 1986 before me a Notaar�y Public within and for said county, personally appeared L.; C'A-Rt TOn: known to me to be the persons described is and who executed the foregoing instrument, and acknowledged that he (they) executed the same ae his (their) free act and deed. MICHAELP.00JNoa uoT,.sr rueuc• TY NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )as. COUNTY OF HENNEPIN ) On this day of , 1986, before me a Notary_ Public within and for said 'County, unty, personally appeared known to me to be the persons descr .:d is and who executed the f sgoinginstrument, and acknowlea .ed the !+e (they) exr cute :he same as his (their) free act ,nd deed. NOTARY PCP'�IC .4Y COMMIb-_ .N EXPIRES Page 4 of 4 CHAPTER 9CIRGN INTOXICATING AND NEM-INTOXICATING LIQUOR �C3 jya] LICENSING AND REGULATION SECTION 4.01. D".1NITIONS. As used in thy#jja4ptjR0N0 unless otherwise stated in specific sections, the following words and terms shall have the meanings stated: 1. "Applicant" means any person making an application for a license under this Chapter. 2. "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. 3. "Club" means any corporation duly organized under the laws of this 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 whose 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 o. 3ale 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. 4. "Financial Interest" includes any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment but does not include bonafide loans, bo:afide rent-il acreements, bonafide open accounts or other obligations he12 �:ith or without security arising out of the ordinary in the regular course of business of selling or leasing merchandi_e, fixtures or supplies to such a nosiness or 10% or less interest of any other corporation holding a license. "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 beneficial to the community and not for the profit of any individual. 6. "Gamblin- devices" means a contrivance which for a consider on affores the player an opportunity to obtair somethir value, ether than free plays, automatically from the machine otherwise, the award of which is determined principal r.y by chance. SS 4.01 7. "Hotel" and "Motel" mean and include any establishment having a resident proprietor or manager, 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 as the rest of the establishment and has an integral part thereof a dining room with appropriate facilities for seating not less than thirty guests at one time, where the general public is, in consideration of payment therefor, served with meals at tables. S. "Intoxicating liquar" 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. 9. "License" means a document, issued by the City, to an applicant permitting him to carry on and transact the business stated therein. 10. "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. 11. "Licensee" means an applicant who; pursuant to his approved application, holds a valid, current, unexpired license, which has neither been revoked nor suspendea, from the City for carr-ing on the business stated therein. 12. "Manufacturer" means every person who, by any process of manufacture, ferrenting, brewing, distilling, refining, rectifying, blending, or by the combinati^n of different materials, prepares or produces liquors, wine or non - intoxicating malt liquor for sale. 13. "Off -sale" means the retail sale in original packages for consumption off or away from the premises where sold 14. "On -sale" means the retail sale by the glass or by the drink, for consumption on the premises where sold only. 15. "Package" and "Original Package" mean any container or receptacle holding liquor, wine or non -intoxicating malt liquor, which container cr receptacle is corked, capped or sealed by a manifacturer or wholesaler. 16. "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 1985 Section - ' to 340 56. SS 4.01 17. "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 ge. •ral public, which employs an adequate staff to provide the usual ind suitable service to its guests, and which shall have seating facilties for seating not less than thirty guests at one time. 18. "Sale", "Sell" and "Sold" mean all berters and all manners or means of furnishing non -intoxicating malt liquor, wine or liquor to persons, including such furnishing in violation or evasion of law. 19. "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 on/or born before September 1, 1967 are also legally able to consume liquor. 20. "Wholesaler" means any person engaged in the business of selling liquor, wine, or non -intoxicating r.alt liquor to retail dealers. 21. "Wine" means wine not exceeding 14 percent alcohol by volume. SEC. 4.02. ORIGINAL LICENSING PROCEDURE. Subd. 1. Application. All applications shall be made at the office of the City Clerk upon forms prese-'bed by the proper Department of the State of Minnesota togeti,.:r with such additional information as the Council may desire. If not so prescribed, then upon forms furnished by the City. Information required may ver; with the type of business organization making application. All questions asked or information required shall be answered fully and completely by the applicant. Subd. 2. False Statements and Omissions. It is unlawful for any applicant to intentially make a false statement or omission upon any application form. Ary false statement or any willful omission to state any information called for on such application form shall, upon discovery, work an automatic refusal of license, or if already issued, still 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 partnership or corporation of an enlargement, alteration, or extension of P. Ireviously licensed, the licensee shall pay an additional in+estiaarion fee. A. tnvestigariun. nil shall be referred .o 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 Federal or State law or municipal regulations by the applicant. B. Hearing. Upon receipt of the written report and recommendation by the Chief of Police and within thirty days thereafter, the City Clerk shall publish a notice of hearing at least ten days prior to the date set for hearing. The hearing notice shall set forth the day, time and place of hearing, the name of the applicant, the place where the ' ess is to be conducted, and such other information as the i:. .1 may direct. At such hearing, all persons desiring to be hear shall have the opportunity, and the Council may thereafter grant or deny the license. If the license is grant=d, 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 hearing is conducted, the Council may grant the license but shall withhold its issuance until the premises have been completed in accordance with the representations made by the applicant. The license fee shall be due as of the date the license is granted. 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 reasonable dispatch to ready the premises, the Council may rescind the action granting the license. Such action 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. Granting. The Council may approve any applica- tion for the period of the remainder of the then current license .:ar or for the entire ensuing license year: All applications :;luding proposed license periods. must be consistent with this apter. Prior to consideration o: 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 tire issuance by the Council, the license 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 under this Section, submit to the proper Department of the State of Minnesota the full name and address of each person granted a license, the trade name, the effective license date, and the date of expiration of the license. He shall also submit to the proper Department of the State of Minnesota any change of address, transfer, cancellation, or revocation of any license by ::he Council during the license period. D. Issuance. If an application is approved, the City Clerk shall forthwith issue a license pursuant thereto in the form prescribed by the City or the proper Department of the State of Minnesota, as the case may be, and upon payment of the second half of thm license fee. All licenses shall be on a calendar year basis %nless otherwise specified herein. ✓or licenses issued and which are to become effective other than on tha first day of the licensed yoar, the fee to be paid with the application shall be a pro rate share of the annual license fee. ricensee shall bo valid only at one location and on the premises therein descrihed. JJ Y.UL E. License Refund in Curtain Cases. In the event that, during the license 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 or 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 sole discretion and for any reasonable cause, refuse to grant y 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. The Council may, in its sole discretion and for any reasonable cause, revoke, or suspend for a period not to exceed sixty days, any license granted under the provisions of this Chapter. `e icil shall revoke the license upon conviction of any lie .ee or agent or employee of a licensee for violating any law relating to the sale or possession of non -intoxicating malt liquor, wine or liquor upon premises of the licensee, or if such 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. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing before the Council, c .immittee 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 written notice to the licensee served in person or by certified mail not less than fifteen nor more than thirty days prior to the hearing date, stating the time, place and purpose thereof. As aOditional restrictions or regulations on licensees under this Chap;-r, and in addition to grounds for revocation or suspension stated in the City Code or Statute, the following shall also be grounds for such action; 1) that the licensee suffered or permittec' illegal acts upon licensed premises unrelated to the sale of non -intoxicating malt liquor, wine or liquor; 2) that Lhe licensee had knowledge of such illegal acte upon licensed premises but failed to report the same to police; 3) that the licensee i.e,l or refused to cooperate fully with police in invesLigatiu :ucb alleged illegal acts upon licensed premises; or, 4) -'s,1 chc ar!iv±tics of the licensee created a serious clanger to public boaith, safety, or welfare. I. 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 sr-h corporation and the extent of such interest. The list sh;•: , all shareholders and show the number of shares held by each, eit;,rr individually or beneficially for others. It is the duty of each, corporate 1'-censee 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 1.:sense issued to the corporation, and any such license shall be revoked thirty days after any such change in 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 City desic, ed by it, may at any reasonable time examine the stock trans records and minute books of any corporate licensee in order - 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 to disclose the interest which persons other than the licensee have in the licensed business. The Council may revoke _ny license issued upon its determination that a change of ownership of shares in a corporate licensee or any change of ownershio of any interest in the business of any other licensee has actu,':ly resulted in the change of control of the licensed business so as materially to affect the integrity 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 be^n 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 Manaqer or Agent. Before an on -sale license is issued under this Chapter to an individual who .is a non-resident of the City, to more than one individual whether or not thr.y are residents of the City, or to a corporation, partnership, or association, the applicant or applicants shall appoint in writing a natural person who !s a resident of the City as its manager or agent. Such resident manager or agent shall, by the terms -)f his written consent, (11 take full responsibility for the conduct of the licensed premises, and, (2) serve 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 indiviO-ally 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 lir_er.se issued pursuant to such appointment shall be subject to revocation or suspension. 4.02 Subd. 8. Persons Disqua'_i:ied. 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 wine, or 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 q»lify who has not attained the State established legal drinking aye or who is not a citizen of the United States. SEC. 4.03. RENEWAL OF LICENSES. 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 for 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. K pe.son shall 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 on -sale operation is separate from the off -sale location. In such cases each locatioi. shall have a separate entrance ont, a public street, sidewalk or mall :rea. SEC. 4.06. CONDITIONAL LICENSES. Notwithstanding any provision of law to the contrar", the Council may, upon a finding of the necessity therefor, pl,.c•_ such special conditions and restrictions, in addition to those stated in this Chapter, upon any license it deems reasonable and justified. SEC. 4.07. PREMISES LICENSED. Unless expressly stated therein, a license issued under the provisions of this Chapter %hall be vali,' ,:,ly in the compact and contiguous building or s,.rl.icture situ. -d or, the premises described in the license, and all transactions relating to a sale under such license must take place within sum, building or structure. The premise shall have an exclusive--itrance from or exit to the exterior of the building at wn3ch the licensed premise is located. Entrances from or exits to a public concourse or public lobby meet this requirement. Subd. 1. All premises licensed under this Chapter shall at all times be open to inspection by any police of ' :er or other individuals with enforcement poweis to determine .-, .. Cher or not this Chapter and all other laws are being observed. Consent to such inspection by the licensee shall be a condition of each license granted. Police office'.s 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. SEC. 4.' TCENSE FEES. All licenses provided for in this Chapter, shai be ..sued 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 non -intoxicating malt liquor, wine or liquor Iicense shall be issued or reviewed unless and until the applic..nt has provided proof of financial -esponsibility 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)$100, 000.00 because of bodily injury to any one person in any one ccurrence, and $300,000.00 because of bodily injury to two t.r more persons in any one occurrence, and in the amount of $10,000.00 because of injur•• to or des':r action of property of others in any one occurrence r3 (2S10O ,OJO.00 for loss of means of support of any one pers I any one occurrence, and, subject to the limit for one person, $300,000.00 for loss of means of support of two or more persons any one occurrence. An annual aggregiate policy limit for ..•_a.ahop liability of not less than $300,000.00 per policy year s,ay be included in the policy provisions. Subd. 2. Excepti.n. 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 non -intoxicating malt liquor of less than $20,000.00 for the preceding year, nor does it apply to holders of temporary wine licenses iss.. : under 4.61. An affidavit. of the licensee shall be required to establis; the exemption under this Subdivision. Subd. 3. Documents Submitted to Commissioner. All proofs of financial responsibility and exemption affid wits filed with the City under this Section shall ec• ,ubmitt.i bl 'ie City to the Minnesota _ommicsioner of Public Safet•. SEC. 4.14. INSURANCE CERTIFICATT 1WQUIRrL_ whenever Pr insuranca certificate is required b*, this Chanc--. the applicar shall file with the City Clerk a certificate of insurance showing (1) that the limits are at least as high as requ'i,�d, (2) that coverage is o fective for at least Cie license b.r:n ._proved, and (3) that such insur—ice will not be cancelled or terminat ' without thirty days' written notice served upon .he Ci'.. Clerk. Cancellation or termination of +, coverage shall u, grow ds for licenne revocation. SEC. 4.15. PROOF OF AGE. For the purposes of consuming, purchasing or possessing non -intoxicating malt liquor, wine or liquor, age may only be established by a valid driver's license or c currcat Minnesota identification card issued pursuant to Minnesota Statutes 1985 Section 111.07. In the case of a foreign national, ,i valid passport may be used as an alternative to the fe ,>ing ,ethods of identification. SEC. 4.16. PROHIBITED ACTS BY A LICENSEE (GENERAL). Subd. 1. _ nsumption. It is unlawful for any person to consume on an on-s,.t, license p,-amise, or any licensee to permit consumption of, nor. irt--icating malt liquor, wine or liquor on licensed premise n.� •, twenty (20) minutes after the hour when a sale thereof s.ily be +nade. Subd. 2. Remov,.l of Containers. It is unlawful for any on -sale licensee to permit any glass, bottle or other_ container containing non -intoxicating malt liquor, 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 legall a made. Subd. S. Closing. It is unlawful for any persor other than an on -sale licensee's bona fide employee actually engaged in the performance of his duties, to be on premises licensed une this Chapter more than thirty (30) minutes after the legal t. for making licensed sales. Provided, howe".er, that thin 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 non -intoxicating malt liquor, wine or liquor. Subd. 4. Conduct on Licensed Premises. Except as herein provided, every licensee under this Chapter shall responsible for the cond+;ct of his place of business and she! - maintain conditions of sobriety and order therein. Subd. S. Sale by Employee. Any sale of non - intoxicating malt liquor, wine or liquor in or from any premise licensed under this Chaf`t^r by any employee authori7 ' to make such sale ' or from such pl - is the act of the e. loyer as well as of is person actua ,king the sale; and r -ery such employer is liable for All o. :.e penalties provided nv 'aw for such sale equally with the persor, actually making the sale. Subd. 6. Manufacture: r w)nlesale-s Interest in Retail Establishments. No man,.r_atur,­ or wholesaler shall either directly or indirectly own cr control or have a icial interest in any retail business. Subd. No 'ryunr in 'ice. ed restaurants. No person, shalt consume or c intoxic.ting or non-in'.oxicetinq ,iquor to or into any an�•mt with th- pu-nnse of 7onsumpt' therein. SS 4.16 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 is prohibited that any alcohol be displayed to the public in any manner in an on or off -sale licensed operation during the hours in which consumption is not permitted. Subd. 9. Prohibition of License Issuanc+. 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 must be in compliance with those zoning codes. SEC. 4.17. General Prohibitions for purpoLas of this section, it is unlawful to: NON -INTOXICATING MALT LIQUOR Subd. l.. 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 premise, 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 or otherwise procure non -intoxicating malt liquor, or induce another party, not his parent or guardian, to procure non -intoxicating malt liquor for him. INTOXICATING LIQUOR Subd 6. Person under the State established legal drinking age to consume intoxicating liqucc. Subd. 7. Person under the State established legal drinking age to have intoxicating liquor in his possession. Subd. 8. Person under the State established legal drinking age to enter licensed premise for the purpose of purchasing or procuring intoxicating liquor. Subd. 9. 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 1 is parents or his guardian; and it is unlawful for the licensee to permit such person to remain upon licensed premises. Subd. 10. Licensee to sell or serve intoxicating liquor to any person under the State established legal drinking age. Subd. 11. Person to furnish, purchase or procure intoxicating liquor for a person under the State established legal drinking age. SS 4.17 Subd. 12. Person under the State established legal drinking age to purchase or otherwise procure intoxicating liquor, or induce another to purchase intoxicating liquor for him. Subd. 13. On -Sale Licensee to sell wine except in conjunction with the sale of food. INTOXICATING AND NON -INTOXICATING LIQUOR Subd. 14. A person under the State established legal drinking age to misrepresent his age for the purpose of obtaining intoxicating or non -intoxicating malt liquor. Subd. 15. Person to knowingly induce another to make an illeg..l sale or purchase of intoxicating liquor or non- intoxica�ing malt liquor. Subd. 16. Licensee to sell intoxicating liquor or non - intoxicating malt liquor on any day, or during any hour, when sales of liquor are not permitted by law. Subd. 17. Person to purchase intoxicating liquor or non -intoxicating malt liquor on any day, or during any hours, when sales of liquor are not permitted by law. Subd. 18. Licensee to sell or serve intoxicating liquor or non -intoxicating malt liquor to any person who is obviously intoxicated. 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 -intoxicating malt liquor without a license therefor from the City. This Section 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 for 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, on 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 for more than a total of seven (7) days in any calendar year. C. The Council may, but an no time shall it be under any obligation whatsoever to, grant a temporary non- i%toxicating malt liquor license on premises owned or controlled by the City. Any such license may be conditioned, 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 $50 ,000.00 for injury to more than one 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 premises, except such as are licensed under the City Code. SS 4.22 S ubd. 2. No licensee 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 1 icense shall be granted to a wholesaler or manufacturer of non -intoxicating malt liquor or to anyone holding a financial interest in such manufacture or wholesale. Subd. 4. No person who has not attained the State established drinking age shall be employed to sell or serve non - intoxicating malt liquor 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 Code and other laws relating to the operation of licensee's business. Subd. 6. On -sale licenses shall be granted only to 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 guilty of a misdemeanor. SEC. 4.23. HOURS AND DAYS O. 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 Saturdav, inclusive. Nor shall any sale be made cn any Sunday between the hours of 1:00 o'clock A.M. and 12:00 o'clock noon. SEC. 4.24. UNLAWFUL ACTS (NON -INTOXICATING MALT LIQUOR). For the purpose of this Section, refer to Section 4.16 and 4.17. INTOXICATING LIQUOR 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 not apply (1) to possession or handling for sale or otherwise of sacramental wine or 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 wine 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 City. SEC. 4.31. LIQUOR LICENSE RESTRICTIONS AND REGULATIONS. GENERAL PROVISIONS Subd. 1. Prior to issuance of any on -sale or off -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 $5,000.00 Subd. 2. No license shall be granted to a wholesaler or manufacturer of liquor, or to anyone holding a financial interest in such 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. Subd. 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 sell, 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 hours when '•e sale of liquor is prohibited. Subd. 7. No more than one license shall be held by any person, except as provided 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. Subd. 8. The 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. SS 4.31 Subd. 9. The business records of the licensee, including Federal and State tax r-turns, shall be available for inspection by the Council, or other duly authorized respresentative of the City, at all reasonable times. Subd. 10. Any proposed enlargement, alteration or extension of premise shall be reported to the City Clerk at or before the time application is made for a building permit. 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 that persons under the age of eighteen years may be employed as musicians 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 clubs. Subd. 14. No on -sale license shall be granted for a restaurant or hotel which 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 whi. ch does not have a total market value, including land, building and equipment of at least $500,000.00, as appraised by the City Assessor, except that the Council may grant a license where the total market value is less than the required value on the condition that the establishment be improved within five years to the required market value, not including an increase in value caused by the original granting of the liquor license. Subd, 15, No license renewal application shall be considered by the Council until the applicant has filed with the City Clerk a statement made by a certified public accountant, setting forth 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 Couunercial Business District. Subd. 17. No sale of liquor shall be made to or in guest rooms of hotels, unless the rules of such hotels provide for service of food in guest rooms, and unless the sale accompanies and is incident to the regular service cf meals to guests therein. SS 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 available for inspection by the license examiner or designated employee at all hours during which the licensed premises is open for business. Subd. 20. No off -sale establishment may be located within 500 feet of an institution of public education whose primary purpose is education of individuals in grades kindergarten through 12th grade. Subd. 21. No off -sale establishment may be located closer than 1/2 mile from the off -sale premise licensed in the City of Orono.with a maximum of two off -sale licenses issued in the City. SEC. 4.32. HOURS AND DAYS OF LIQUOR SALES. Subd. 1. On -sale. No on -sale of liquor shall be made between 1100 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 made between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. on any weekday or Saturday. Subd. 2. Off -sale. No off -sale of liquor shall be made before 8:00 o'clock A.M. or after 8:00 o'clock P.M. of any day, except Friday and Saturday on which days may be made until 10:00 o'clock P.M. No off -sale shall be made on New Year's Day, January l; Independence Day, July 4; Thanksgiving Day; or Christmas Day, December 25; but on the evenings preceding such days, if the sale of liquor is not otherwise prohibited on such 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 restaurants, as herein defined, which have on - sale liquor licenses, to serve liquor between the hours of 10:00 o'clock A.M. and 12:00 o'clock midnight on Sundays in conjunction with the serving of food, provided that the licensee establishment is in conformance with the Minnesota Clean Indoor Air Act. SEC. 4.34. UNLAWFUL ACTS (LIQUOR). For the purpose of this Section, refer to Section 4.16 and 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 City. This Section shall not apply (1) to possession or handling for sale or otherwise of sacramental wine or any representative of any religious order or for use in connec- tion with a legitimate religious ceremony, (2) to sa_2s by manufac- 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, •3r (4) to sales by wholesalers to persons holding on -sale wine licenses from the City. Subd. 2. On -Sale Wine License Restrictions and Regulations. A. Prior to issuance 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 issued to a licensee under the laws of the United States, if such permit be required under such laws or the State of Minnesota. D. No gambling or gambling device shall be permitted on any licensed premise, except such as are licensed under the City Code. E. 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 busboy or dishwashing services 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. tic more than one license shall be held by any person. For the purpose of this Subparagraph, any person jwning a beneficial interest of five percent, or more, of any licensed establishment shall be considered a licensee. S 4.40 H. On -sale 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 one time. I. Every license shall be granted subject to the provisions of this Chapter and all other applicable provisions of the City Code and other laws relating to the operation of the licensed business. SEC. 4.41. HOURS AND DAYS OF SALES BY ON -SALE MINE LICENSEES. No sale of wine shall be made between 1:00 o'clock A.M. and 12:00 noon on Sunday; between 12:00 o'clock midnight and 8:00 o'clock A.M. on Monday; between the hours of 1100 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 (MINE). For the purpose of this Section, refer to Section 4.16 and 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 evid,nce of current membership upon his person. B. "Cuest" means a person not a member of the club licensee but pr sent on the club premises in the company of a host member. C. "Host 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. P• 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. S ubd. 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 non -intoxicating malt liquor to any person not a member of the licensed club. B. It is unlawful for any club licensee to serve non -intoxicating malt liquo, or liquor to any non-member of the licensed club unless such non-member is a guest. C. It it unlawful for any person who is not a member of the licensed club to purchase liquor or non - intoxicating malt liquor from the club. D. It is unlawful for any club licensee to hinder or prevent a policL officer from determining compliance with this Section and Chapter, and all other laws. E. It is unlawful for any person to refuse, upon request of a licensee or police officer, to provide information as to whether he or she is a member, guest or host member, or to give false, fraudulent or misleading information in response to such request. Source: City Code Effective Date: 4-1-84 (Sections 4.51 through 4.59, inclusive, reserved for future expansion.) SEC. 4.60. CONSUMPTION AND DISPLAY. Subd. 1. License Required. It is unlawful for any bottle club or for any business establishment to allow the consumption or display of liquor or Lhe serving of any liquid for the purpose of mixing liquor without a license therefor from the City, but a licensed 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. 2, Restrictions and Regulations. A. Every bottle, ontainer or other receptacle containing liquor stored by a member of a bottle club shall have attached to it a label signed by the member of the club, shall be kept in a locker designated to the use of such member, and no other liquor shall be on bottle club premises. R. 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. 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 made between tna hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. on any weekday or Saturday. 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 the business establishment of the owner 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. 3. State Permit Required. It is unlawful for aqy perbon or business establishment, directly or indirectly, or W"O_ 'ny lr,te•-c -_ d, '.,^e. to 1110+ •,,o err we!fr.tt^n or R+ nl• ILI� , vi out firm. ba.lav oita ,. a pnra.t .hws'4L 9*4 !1 of Mtna s:ra SS 4.61 SEC. 4.61. ONE DAY LIQUOR LICENSE. Subd.,'I. 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 shall be issued by 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 LIQUOR STORE. DELETED. Effective upon sale and closing of the Municipal Liquor Store. z LLI L mcm CIT' w m iY 0 -SVS LIU= gBINMtZ: CST.' M>PJLA:ION REQUIR'JESTIS ']R'%a ], 30) p( SPRIlL PAN( 1,500 T4 IAKE 1, 950 Nb14 H()M 24.000 as*a� .!r08h1� 301" SO.00g f4.YlWIH 40,000 I9ra4StGNr E3. 000 NtJBM CF ro limit 1 per 500 3 No limit ro licit ro 11. t ro lrmlt LlCklbFS registered APPLSCaTION ro ro ester sumazy Yes Yea Yea ro Yes LT I LlSTkD N O4DIILVL`: COMMON ro Dame rot addressed net addressed ro moire rot addressed ro cmnrm rot :: el sed :c c rzfl fY}S art[arore ctrancss aruancEs ON/0PE SALE S M MWR Yes Yes 1 joint Yes addressed leof a.::scasc : r.-,: x. rr.:sed yes ON/0EP lies ss Trot permitted 00em A!fJIRl: 5,000 2, 000 2.000 - - 3,500 1. D6"+ 2.CC; 1. COU IN5iJR 100/l rot stated 200/200 250/500 rot addressed 100;'40 2r.'^00 3oC/h"0 j�-SIWM o setropolltm not addresse rot addressed metropolitan not addressed metrgvl:tar. rot reZered -c2rtgol=ran Wdv�WAG`1 resident resident resident r.s dart 2tINII90t free nee nee mat list rcne tsne rrre i.+at :_st INVE511 emsnt avra:t POLITIC report all gat addressed rot addressed rot addressed not addressed not addressed rot addressed all 110. OatYfRIB ire trl CNa ever W. 131mrW.RY prrmitted + th not addressed not addressed Permitted mat rod t addressed not addressed not addressr i Permitted v:U rsstric[ina _ _ - _ - be of age _ restrl _— LICEtSC EPT&1l]L5 SCN00L9 500 rot addressed 400 feet 500 tet addressed rot addressed 300 CNUt4]6 - - 400 feet 500 I 1500 I500 300 a 1 Receipt No. Date Receive _ By CITY OF ORONO APPLICATION FOR OFF SALE INTOXICATING LIQUOR LICENSE PART I - General Information Directions: This form must be filled out in duplicate with typewriter or by printing in ink. :f the application is by a neutral person, by such person; if by a corporation, by an officer, thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer thereof. 1. Name of applicant (name of individual, partnership, corporation or association): 2. Business Name Business Address Phone IF BUSINESS IS TO BE CONDUCTED UNDER A DESIGNATION, NAME OR STYLE OTHER THAN FULL INDIVIDUAL NAME OF THE APPLICANT, ATTACH 2 COPIES OF THE TRADE NAME CERTIFICATE, AS REQUIRED BY CHAPTER 333, MINN- ESOTA STATUTES, CERTIFIED BY THE SECRETARY OF STATES OFFICE. 3. Type of applicant: Natural Person (Individual) Partnership Corporation Association or other 4(a). If applicant is a natural person findividuall, state full name, residence and business address and telephone numbers. True Name Residence Address Phone Business Address Phone Ib). The full name, residence address and telephone number of the agent in charge of the individual owner's premises at such time as the owner is absent. True Name Aas1^erm Addrat- Part 1 - General tnlormation IOff Sale Intoxicating) Assistant Manager _ Residence Address Phone (A Part 11 - Personal History form must be filled out and attached for each of the individuals in 4a, 4b, and 4c.) 5(a). If the applicant is a partnership, state full names, residence and business addresses, telephone numbers, and interest of each member of the partnership. Full Name Interest Residence Address Phone Business Address Phone Full Name Interest Residence Address Phone Business Address Phone Full Name Interest Residence Address _ Phone _ Business Address Phone Full Name Interest Residence Address Phone Business Address Phone (b)• The managing partner will be: Name ___ Phone _ Address (c). The full name, residence address and telephone number of the assistant manager and any other irx • ual with management responsibilities of de partnership's promises to be licensed: Full Name Phone Residence Address --- Full Name _ _ Phone r Part I General Information (Off Sale Intoxicating) If the application is for a partnership, attach two copies of the Partnership Agreement and two copies of the Certificate of Trade Name under provisions of Chapter 333, Minnesota Statutes, certified by the Clerk of District Court file). If the applicant is a corporation or association, give the name of corporation or association, nistrocolitan address and phone number, and home office address and phone number. Name State of Incorporation or Association metropolitan Address Phone (Sneer/ (city) fSdn) (Zip Catle) lAroe Code 6 No.l Home Office Address Phone (Street) (Ciryl (State) (Zip Code) (b). The full names, residence addresses and telephone numbers of all officers of said corporation or association. President Phone and Residence Address /StrosU lClry1 /Bras! (Zip Code) Vice President Phone Residence Address mI /Srtl Miry) (Seem) )Zip Code) Secretary Phone Residence Address I (Street) (CirY) (State) )Zip Code) Treasurer Phone Residence Address (Street) (Sterl (Clryn l (Sn) )Zip Code) (c). The full names, residence addresses and telephone numbers of all persons who singly or together with .hair spouse and his or her parents, brothers, sisters or children, own or ceatrol any interest in said corporation or association, Full Name Interest Residence Address Phone fsrreer+ Win,; Mister 17io Code) !Arcs Code A No.l Part I - General Information (OH Sale Intoxicating) Full Name Interest % Residence Address Phone !Street) (Ctrp) (State) (Zip Code) (Area Code 6 No.) Full Name Interest Residence Address Phone lStnaN ICitYI (Sretd !Zip Code) (Ana Code a No.1 Ili additional space is necessary, attach additional sheet) Jell. The full name, residence addresses and telephone numbers of the manager, assistant manager, and any other Individual with management responsibilities Full Name Phone !Area Code d Num Residence Address (Street/ (City) !State) (Zip Codel Full Name Phone I (Area Code A Number) Residence Address I fStraet) fCftYl lSts re/ (Zip Code) Full Name Phone (Area Code 6 Number) Residence Address (Street) !City) (Stem) (Zip Code) IA Part II - Personal History form must be filled out and attached for individuals listed In Bb, fic, and Bd.l ATTACH: t) Two copies of the Certificate of Incorporation, 2) Three copies of the Articles of Incorporation or Association Agreement, 3) Three copies of the By -Lows to the application, . /) Foreign Corporations shell attach two Certificates of Authority, as cl s ibad in M.S.A. Chapter 3M. B) Three copies of the Lease Agreement 7. Do you hold an interest of ten percent or mom in any other liquor establishment in the Sun of Minnesota? Ves No It yes, give name of establishment and location. Name of Establishment 6 tit war•?'.ea-'G: oMIn ttl' A altlra,.*M,r Mf V1~;r'y�.nb -: a att/rt, a" Part I - General Information (Off Sale Intoxicating) 9. State the exact legal description of the premises to be licensed. (Applicant must also submit a plot plan showing dimensions, location of buildings, street access, parking facilities and the locations of and distances to the closest point of a church structure or the closest point on a lot occupied by a public school.) 10. How ere the premises zoned under the Orono zoning ordinance? 11. State full names, residences, and business addresses and telephone numbers of the owner or owners of the building wherein the licensed business will be located, if the owner is other than the applicant. !I Full Name Phone Residence Address (Srraet) !City! (Stare) (Zip Coda) Business Address l (Street/ (City) (State) (Zip Coda) Full Name Phone Residence Address __ (Street) lCltyl ISrebl (Zip Code) Business Address I (Street) (city) !Stan/ (Zip Code) 12 Where the building is owned by other than applicant, state in summary the conditions of lease arrangement, such as term of lease, monthly rental, renewal privileges, etc. 13. If the building is owned by the individual applicant, partnership, corporation or association, state: (a) Date purchased Jbj Name and address of person purchased from _ ILI %a ,,, Ia 9t• _. amot^t VI down laym, nt 10 Y:'M far t. 11'1 o1.1 't ilrt,trlarvs - Na.. &A A trm- Part I - General Information (Off Sale Intoxicating) (e) Amount of contract for deed (f) Who currently holds contract for deed - Name and Address (g) Term of mortgage (h) Term of contract for deed (i) Rate of Interest on mortgage (j) Rate of interest on contract for deed (k) State the monthly payment at which the mortgage and/or contract for deed is being liquidated (1) Are the payments on the mortgage and/or contract for deed up to date? 14.(a). State the total cost of assets acquired to start this business including the business premises, if purchased, fixtures, furniture, equipment, merchandise for resale, rash for working capital, prepaid insurance and any other assets. (If acquired from predecessor, attach purchase agreement). 14.(b), of the above cost of assets acquired, state the amount that is provided by the person(s) investing in this business. (Attach supporting proof of the source of such money.) 15. Give full names, addresses, telephone numbers of all personL other than the applicant, who have any financial i interest in the business, building,, premises, fixtures, furniture, or stock in trade. State the nature of the ! interest, amount thereof, and the terms for payment or other reimbursement. (This shall include, but not be i limited to, any lessees, lesson, mortgagors, lendors, lien holders, trustees, trustors and persons who have cc signed notes or otherwise loaned, pledged, or extended security for an indebtedness of du applicant) Full Name Phone Address Nature of interest, etc. Full Name _ _ ___ __ _ _ _ ___ _ Phone Part I - General Information (Off Sale Intoxicating) Full Name Phone Address Nature of Interest, etc. Full Name Phone Address Nature of Interest, etc. IF THIS APPLICATION IS FOR PREMISES EITHER PLANNED OR UNDER CONSTRUCTION OR UNDER- GOING SUBSTANTIAL ALTERATION, THE APPLICATION SHALL BE ACCOMPANIED BY A SET OF PRELIMINARY PLANS SHOWING THE DESIGN OF THE PROPOSED PREMISES TO BE I ICENSED. IF THE PLANS OR DESIGN ARE ON FILE WITH THE 0'01I0 BUILDING AND ZONING DIVISION. — 110 ADDITIONAL PLANS NEED B FILED WITH THIS APPLICATION. 16. State the floor number, general area, and rooms where intoxicating liquor is to be sold and stoed. (ApPliCs shall attach a floor plan showing dimensions indicating and idertifying all other rooms and othe• areas where intoxicating liquor is to be sold and stored. 17. What permits required by the Federal government have been applied for or issued for the premises? In what name were these applied for or issued and what is the nature of the permit? 18. What permits or licenses required by the State of Minnesota have been applied for or issued for the premises% In what name were these applied for or issued and what is the nature of the Permit or license? Part I • General Information (Off Sale Intoxicating) 19. Have the necessary applications for City licenses (such as cigarettes, beverage or vendin; machines) for this establishment been prepared for submission? Yes _ No 20. Are any real estate taxes, personal property taxes, special assessments, or other firencie' claims of the City of. Orono delinquent or unpaid for the premises to be licensed? If "YES" give details. 21. Is the premises located within :OOfeel of any public school? (This distance is as measured in a straight lira from the parcel or lot upon which the business to be licensed is located to the nearest point of the parcel or lot upon which the public school is located.) Yes _ No 22. Nimes, residence addresses, business addresses, and telephone numbers of three persons, residents of Hennepin County, of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character. Full Name Phone Residence Address Business Address Phone ! treat) I itY (State) (Zip Code) Full Name Phone Residence Address Business Address _79Phone trerrl trrl canal Izip ndr Full Name Residence Address Phone Business Address Phone Srra&U (City) (Starei IZip Cod& ANY FALSIFICATION OF ANSWERS TO THE ABOVE QUESTIONS WILL REs. A Financial Statement of net worth and a short autobiography must accompany this application for all persons are required to complete a Part II Personal Information form. (Exception • Manager and Assistant Manager pro these individuals are not partners or officers of corporation.) x -y of Ap, eta/ swor it 10 %oo a no, a Notary ►eblic h•! r I, hereby state that I have received from the City of Orono a copy of the City Ordinances relating to_ license and will familiarize myself with the contents there- of. Also, I have received a copy of the "Nctice of Data Privacy". Date Signature I hereby understand and agree that information revealed in support of an application for ownership or management cf a licensed on or off -sale liquor establishment in the Cit- of Orono will be used by the City in accordance with feder l , state, and local laws regarding privacy of records. I declare that the information I have provided is truthful, and I authorize the City of Orono to investigate the ir.`or- mation and contact the persons named therein. signature ate "NOTICE OF DATA PRIVACY" Except for the name and address of all who may have an "interest" in the license applied for, all information requested in this license application concerning an individual is classified as PRIVATE: information not on individual is classified as NONPUBLIC. This classification is pursuant to Minnesota Statute 15.162 et seq. and data contained therein will not be revealed to any person other than those public officers and employees of the City who have a need to know such information in order to process and -ake a decision on the isauence of the license for which application is made. The purpose and intended use of the information is to determine whether the license should be granted. If the requested lnformatlon _s not furnished, processing may not proceed and the license may not be issued. CITYOFOR.0110, MINNESOTA IN SUPPORT OF AN APPLICATION FOR ON SALE INTOXICATING LIQUOR LICENSE PART II - Personal Information Directions: This form must be filled out in duplicate with typewriter or by printing in ink by the sole owner, by each partner, by each officer, or director, by each manager, proprietor or other person wi.h manage. ment responsibilities for the premises, by each person who by combined ownership or control has an Interest in a corporation or association in excess of S%. Date: TRUE NAME: (First) (Full Middle) (Maiden Name) (L.stl RESIDENCE ADDRESS: IStreer, City, State) PHONE NUMBER: BUSINESS NAME: BUSINESSADDRESS: (Street, city, State) PHONE NUMBER: PLACE OF BIRTH: (City. County, State) DATE OF BIRTH: 1Mon1n, Dry, Year) HEIGHT: WEIGHT: COLOR OF HAIR: COLD OF EYES: U.S. CITIZEN? Yes Naturalized? Yes No No - If yes, give date and place: MARITALSTATUS: Married Single Divorced _ I If nwrtied, true name, place and data of birth, and residence address of spouse: i U NA E: !Find (Full Middle) (Maiden Name) (Land PLACE 0�81 TH: !City, County, ;total DATE OFBIR H: Won.loDay. Yaarl �jCv pnnpr— rect. r'•.- Sr,rel W%,.' Personal Information • Part 11 (On Sale Intoxicating) Are you a registered voter? Yes No If yes, where are you registered? Is your spouse a registered voter? If yes, where is spouse registered? Yes No Address(es) at which you have lived during preceding ten years. (Begin with present or last address and work back NO. AND STREET CITY AND STA'—E DATES 2. Address(es) at which your spouse has lived during preceding ten years. (Begin with present or last address and work back.) NO.AND STREET CITY AND STA TE DATES 3. Kind, name and location of every business or occupation you have been engaged in dwring preceding ten years. (Boon wl present or last occupation and work back.) BUSINESS OR OCCUPATION STREET ADDRESS C:'TY,STATE DATES 4. Kind, name and location of every business or occupation your spouse has been engaged in during the preceding ten veaws (Begin with present or last one first and work back.) BUSINESS OR OCCUPATION STREET ADDRESS Ci TY, STATE DATES (2) Personal Information Part II (On Sale Intoxicating) 5. Names and addresses of your employe. s and partners, if any, for the preceding ten years. (Begin with present or lest one first and work back.) NAMES: EMPLOYERS OR PARTNERS STREET ADDRESS CITY, STATE DATES 6. Names and addresses of your spouse's employers and partners, if any, for the preceding ten years. (Begin with present S lest one first and work back.) NAMES: EMPLOYERSOR PARTNERS STREET ADDRESS CITY, STATE DATES —y 7. Have you, your spouse, parent, brother, sister, or child of either of you, ever been convicted of any felony, aims or violation of any ordinance, other than traffic? Yes No If yes, give information as to the time, place and offense for which convictions were had. B. Have you, your spouse, or a parent, brother, sister or child of either of you, ever been engaged as an employee or in operating saloon, hotel, restaurant, cefe, tavern or other business of a similar nature? Yes No If yes, give information as to the time, place and length of time. 9. Have you been in military service? Yes No If yes, was dischargen s) ever other than hoorable? Yes No (Copies of discharge papers may be regjired.) 0. Names, residence addresses, business addresses, and telephone numbers of each person who is engaged in Minnesota in in the business of selling, manufacturing or distributing intoxicating liquor and who is nearer of kin to you or your spa then second cousin, 'her of the whole or half blood, computed by the rules of civil law, or who is a brother -in law sister-in-law of you spouse. 1. Full Name Relationship Residence Address Phone Business Address Phone 2. Full Nam Relationship Residence Address Phone Business Address Phone _ Personal Imprmahon rant a wu ama "l Wxmuu„gt •3. Full Name Relationship Residence Address Phone Business Address Phone 11. Are you a manufacturer or wholesaler of intoxicating liquor or interested directly or indirectly in the c,wner- ship or operation of any such business? Yes No 12. Are you directly or indirectly interested in other establishments in the City of Orono to which a license of the same kind has been issued? (Refer to City Code, Section 4.01 Subdivision 19 for definition of "interest".) Yes No If yes, list names, addresses, and interest. 13. Are you the spouse of a person who would be ineligible for a license? Yes No 14. What is the amount of investment that you will have in the business, building, premises, fixtures, furniure, stock in trade, etc.? State the source of such money. (You must be prepared to furnish proof of the source of such money.) 15. Have you had any interest in any previous intoxicating liquor license that was revoked, suspended or not renewed? Yes No If yes, explain in detail. 16. Have you ever individually, or with others, made application for an intoxicating liquor license and had such application denied? Yes _ No _ If yes, state circumstances. 17. List the names, residences, and business addresses of three residents of Hennepin County, of good morel character, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character. Name Business Address Name Busmen Address Name Business Address Residence Address Residence Address Residence Address Phone Phone Phone ANY FALSIFICATION OF ANSWERS TO THE ABOVE QUESTIONS WILL RESULT IN DENIAL OF THE APPLICATION. A Financial Statement of net worth and a short autobiography must accompany this application for all persons whol we required to complete a Part II Personal Information form. (Exception Manager, Assistant Manager, Food Manager, and Beverage Manager, provided these individuals are not partners, officers of corporation or do not hold an interest in excess of five percent.) Subscribed and sworn to before me a Notary Public on this day of _ 19 Commission expires on lNob/y proNn _ --- 12987.3 `- II TO: Mayor and City Council `�-•+� :i� ��IEETING FROM: Mark Bernhardson, City Administra jo '�� FED 9 1987 DATE: January 29, 1987 Wr OF ORONO SUBJECT: `iethod of Sale of Liquor Store Attachment: A. Draft Request for Bid Documents - Sale of the Liquor Store B. Liquor Ordinance Redraft ISSUE - Review of the major terms for sale of the property including the specifications for sale together with adoption of the revised liquor ordinance. INTRODUCTION - In the timetable established for the sale of the liquor store it was indicated that staff would present the method of sale together with bid documents to the Council at their February 9, 1987 Council meeting. Development of these items and the method of sale have been somewhat limited as few, if any, of the liquor stores have sold their operations on other than a negotiative basis. This is primarily because most of them own the real estate and could negotiate the sale under the portion of the ordinance relating to negotative land sales. It has been deternined however, that because Orono does not own the facility outright that the City would be required to sell the operation on a competitive bid basis. Doing it this way should minimize the amount of legal exposure the City may have in this matter. The City did look, at a number of other alternatives to a competitive bid however including; a.) looking for a state statute to allow for sale of an operation apart from competitive bid, b.) creation of a public corporation with a subsequent sale of shares of the operation being a negotiated sale of financial assets, c.) consignment of assets to the subsequent owner for sale (anticipate this would become problematic for the wholesalers license), d.) looking at various avenues to acquire and subsequently sell the real estate. All these avenues were explored 3s it was felt that certain terms of the sale could better be accomplishes through negotiation 1 rather than competitive bid. However, it was determined that none of these avenr.es would be timely, legal or both. DISCUSSION - The three issues involved in transitioning from the current municipal operation to an off -sale private operation for the Navarre area involved three variaoles, they are: - Sale of operation - Location - Off -Sale License If all three variables are controlled by the City, it would be easier to bid competitively. In Orono's situation the location decision is only in a limited way controlled by the City through its zoning and/or licensing laws. As such this somewhat complicates the sale as the same person may not end up with all three. There are other locations that have been identified in the Navarre area that perspective purchasers may utilize for the store. The key issues for sale are as follows: Method - As discussed it has been determine! that the only timely and legal route to undertake for this would be to competitively bid out the sale of the operation. Sale of Operation - While it is anticipated that the City would get little "good will" from the sale of the operation over and above the stock and assets it is felt appropriate that it be a sale of the operation to include the existing physical assets together with any good will that may be part of the sale rather than just selling the assets. Qualified Buyer - Sale to any purchaser under the competitive bid arrangement would be to the highest qualifing purchaser. One of these qualifications would include that they be licensable for an off -sale license after an investigation, if intending to operate in Orono. Minimum Investment - Either in the ordinance or in the bid documents a requirement that there be a minimum investment of either building, stock or other both was discusse. 1. This could xrhieve one of the goals in assisting the Navarre area however, it has been decided to recommend no inclusion of such a provision for the following reasons: Level of City Investment - At present the City has only invested the amount that it he,] carried in stock which ranged from a low of $75 to a maximum of $130,000 plus assests originally valued at $26,000 now depreciated to about $2,500. Impact on Business - There is a concern that if a substantial investment in either stock or business place were required it could, in fact, force a buyer who could make it at less of an investment go bankrupt at that substantial an investment. Gauging of Lease Improvements - While the market value for a newly constructed building or purchased building may be used to engage the minimum investment it's become somewhat more difficult in trying to compare that to a building where a person is leasing and has substantially less of an investment. Comparability - Having reviewed the ordinances of several surrounding communities there is no requirement in off -sale for a minimum investment and it would be hard to gauge the appropriate amount of investment that should be required for this operation. Minimum Bid - In order to recoupe the City's current investment in the store it would be required that the person submitting a minimum bid of 95% of stock inventory to be determined by a turnover inventory after sale. The bidding parties would bid any percentage for inventory above that together with additional monies for other assets and good will. C_mployees - while a competitive sale would not include any provision for employees, consi.ieration was in development of the bid document in the competitive process to see if that was possible. It was initially thought that a means to gauge this would be that buyers willing to hire present employees would be used as an offset to the City's unemployment costs. The problem is, however, that a new employer may not offer the same wages an.'/rr hours together with the fact that the emp L.yees may pot -hoose to work for the new owner. Therefore there is not a def inative means to qualify such conditions in the specifications. Payment - Letter of Credit - This would be in addition to security required in conjunction with the bid. Payment arrangements specify 25% down on signing of the contract, 65% at closing and the remaining 15% 30 days after closing with outstanding balances secured by a letter of credit for 125% of that balance. As you will note in the timetable that bids will close on about the 19th of March and subsequent to that at Council's April 13th meeting that a recommendation of award will probably be made. Subsequent to that the City will need to negotiate the final details for a contract for actual sale including turnover date. Liquor Ordinance - Based on the discussions last time, the major alterations made wer-: 1. Minimum Investment - No language 2. Distance - a. Me license within 1/2 mile of another license in the City b. No license within 500 fe-t of a public K-12 school. 3. Number of licenses - 2 RECOMMENDATIONS - It is recommended that the Council approve the revised ordinance and comment regarding bid document. Staff will then revise and advertise for sale. PROPOSED MOTION - Moved by _, seconded by _ , that the Council approvetherevision to the liquor ordinance. Ayes _, Nays cce All parties expressing interest in purchase Lorraine McGowan, Liquor Store Manager Richard Keaveny, Keaveny Drug e U*Ji s; t MEETING CITY ry ORONO FED 9 1987 1335 Soutl. .rown Road G�`T OF QRolt{! P.O. Box 66 Crystal Bay, MN 55323 FOR BIDS LIQUOR STORE SALE OF OPERATION BIDS CLOSE March 18, 1987 SEALED BIDS will be received and opened in the Council Chambers, City of Orono, 1295 South Brown Road, at 11:00 A.M., Wednesday, March 18, 1987, and the Orono City Council will meet at 7:00 P.M., April 13, 1987, at the Council Chambers as part of its regular business meeting to consider bids for sale of Liquor operation. Bids shall be in a sealed envelope with a statement theron showing the items covered by the bid. Bids should be addressed to the City Clerk, City of Orono, P.O. Box 66, 1335 South Brown Road, Crystal Bay, MN 55323, and may be mailed or submitted personally to the City Clerk. Bids received by the City Clerk, either through the mail or by personal submission, after the time set for receiving them may be returned unopened. Bids must be in conformance with specifications which are available at the Orono City Hall. No bids will be considered unless sealed and accompanied by letter of credit, certified check or cashiers check payable to the City of Orono in the amount of at least ten (10) percent of amount of net bid. The City Council reserves the right to reject any or all bids or any part of any bid, and wi 11 accept the bid that is deemed to be in the best interest of the City. BY ORDER OF THE ORONO CITY COUNCIL. Dorothy M. Hallin, City Clerk CITY OF ORONO 1335 South Brown Road P.O. Box 66 Crystal Bay, MN 55323 FOR BIDS LIQUOR STORE SALE OF OPERATION BIDS CLOSE March 18, 1987 APPENDICES (Not presently attached to specifications) A. The City of Orono liquor stock dated 1/1/87 B. City of Orono fixtures inventory dated February _, 1987 C. Draft format for letter of credit D. Sample draft contract - liquor sale of operation. INSTRUCTIONS TO BIDDERS 1. Introduction - The City of Orono is currently soliciting bids for selling its liquor store operation currently located at 3421 Shoreline Drive in Orono. Persons desiring to submit bids for sale of this operation are required to follow the specifications in this document. Major items regarding bid closing and bid process are as follows: a) Closing Bids - Bids are to be securely sealed and labeled "Sale of Liquor Store" and delivered to the office of the City Clerk, 1335 South Brown Road, Orono, Minnesota or mailing address P.O. Box 66. Crystal Bay, Minnesota 55323 no later than 11 A.M., WEDNESDAY, MARCH 18, 1987 at which time they will be opened and publicly read in the Orono City Council Chambers located at 1275 South Brown. Road. b) Each bid must be accompanied by a letter of credit, certified check or cashiers check made payable to the ,:ity of Orono in an amount equal to at least ten (10) percent of the total net bid. c) All bids must be `witted on the attached proposal form, a copy of whic,. foi the bidders file. d) The City Council of the L "y of Orono reserves the right to reject any or a 11 b. ds or any part of any bid and will accept the bid that is deemed to be in the best interest of the City. 2. History of Operation - The City of Orono has been in the liquor store operation since 1960, and has been in its current location since 1965. The operation has been profitable for all the years except for 1985 when an operational loss of about $8,400 was realized. 1986 realized a profit of $11,886 on gross sales of $493,000 plus $3,389 on investments for a total income of $15,275. Should you desire further information on the liquor operations this may be obtained by calling the City Clerk and requesting a memo dated October 31, 1986 entitled "Orono Liquor Operation". This will provide the recent histcry regarding the operation and the background of the City's decision to sell the business. A primary motivation on the part of the Council to sell the business is that they feel that this is a public operation competing with private industry and as such should be made private. The store has been in its cur,ant location for the last twenty-two (22) years. It has bee. on a lease basis from Mr. Richard Reaveny owner of Keaveny Drugs for the bu: ' those years. However, for the last two (1) years the City hh., been on a month to month lease with the op ation from Mr. Keaveny. THE CITY DOES NOT OWN THE PREMISES THAT IT CURRENTLY IS LOCATED M NOR DOES IT HAVE ANY RIGHTS TO SUBLET ANY EXISTING LEASE. ALL BIDDERS DESIRING TO PURCHASE THE LIQUOR STORE AND HAVE AN ONGOING OPERATION MUST PROVIDE FOR THEIR OWN SPACE Any rental arrangement for the existing liquor store will terminate upon closing of the sale. The buyer must either secure a lease arrangement with Mr. Reaveny or move the operation's property. All property left in the facility as of ten (10) days after the close of the sale will become the property of Mr. Reaveny unless the bidder makes arrangements with Mr. Reaveny and in no event will the bidder have recourse for recoupment of value from that property from the City of Orono. 3. The Sale of operation - Based on a review of the legal environment u— ch the City operates under State law, it has been determined that it must competitively bid out the sale of its operation in order to be both timely and legal in the disposition of the operation. As such, these specifications contain criteria by which the terms of the sale will take place. In selling the operation, there ar four (4) primary aspects of the business as it currently operates. These are as follows: a) Assets - These including all stock inventory for resale together with fixtures (coolers, shelving etc.) and promotional materials obtained over the years from manufacturers and wholesalers. b) Personnel - Currently the operation consists of a store manager who is paid on a full time basis, together with two (2) individuals who are benefit - receiving employees and who at one time were on a full time basis until 12131185. Currently they do not work more than thirty (30) hours a week, but do receive a pro -rated share of benefits. In addition, there are three (3) personnel who work on a part time basis, less than twenty (20) hours, and who receive no benefits from the City apart from wage compensation. Upon the closing of the sale, these persons will be terminated from employment with the City of Orono receiving any severance and any benefits due them under the current arrangement with the City. These personnel will be free to engage employment with the new owner, however, will not be required to do as part of the sale. c) Business Management Tools - Currently accounting is done with the City's overall accounting and handled by the City's Finance Department. The operation does have a computerized inventory which is updated on a bi- weekly basis. Inventory control is done through the utilization of bottle tickets which are placed on the merchandise when it is stGcked on the shelves and removed upon sale ofthe item and submitted bi-weekly to update the inventory. This inventory is done through Continential Data Incorporated, Loretto, Minnesota, however, it would be up to the new buyer to make any arrangements for continuation of this service beyond the closing of the sale. The City will not offer any accounting services as part of the sale. d) Operation and Good will - As a long established business in the Navr.rre business area, the operation has an on- going clientele which has been established over the years. It will up to each bidder to judge this in determining the final price over and above the minimum bid for inventory. As is true for all operations and particularly with liquor operations, there is on -going liability for a number of items which are hereinafter specified. The City will be respcnsible for liability for the following items: 1. All personnel related items through date of closing, including but not limited to wages, benefits, FICA, social security, tax withholding, pension, severance, and unemployment compensation. 2. Payables - The City will be responsible for all bills including taxes it incurs in relationship to this operation up to the day of closing. Goods ordered by the City but not received until after closing will be added to the turn -over inventory. These will be paid by the City. 3. Receivables - All receivables outstanding on the day of closing and prior thereto remain the property of the City. 4. Dram shop/liquor liability - The City will be responsible for the all claims regarding liquor liability in relationship to the operation for occurrences prior to date of sale. 5. The City will be responsible for all liability generally for all events that occurred prior to closing date of sale for which it would otherwise be responsible. 6. The City will have property and other insurances in force until actual sale closing. The buyer will be responsible for the following: 1. All personnel costs incurred by operation from the dzte of sale forward. 2. All merchandise that the buyer has ordered for the operation regardless of whether before or after closing. 3. All liquor and general liability from the date of sale closing following the closing inventory, both in general and property and liquor liability 4. The buyer is responsible to carry property insurance and responsible for all property and all other incidents in relationship to the store following the time of the closing of _le. S. in addition to the c^.t cent following the closing, the successful bidder -onsible for all costs incurred in any remc xtures, stock, etc., or any costs incurred by Mr. Reavney in removal of the same. 4. Bidding and Sale Process Outline - The closing of bids will be 11 a.m., Wednesday, March 18, 1987 and all bids from all interested parties must be received by that time or they will not be further considered. These will be reviewed and they will be considered by the Council at the Council's April 13th, 1907 meeting at which time the Council will ascertain if the highest qualified bidder has been determined and if not able to so determine it will delay action until such time that it does. All bids submitted will be required to be valid for 90 days, without withdrawal by the submitting bidder provided that they have not been withdrawen prior to bid opening. In conjurction with submission of the bid document, the applicant must also submit a license application for off -sale liquor license, if it is their intention to have the operation continue in Orono. Application for such an off -sale license may be obtained from the Orono Police Department located at 445 Willow Drive, Lot.q-:.ake, Minnesota. If the purchaser, who is the highest qualified bidder, desires to have the operation continue in Orono, the purchaser must thereby be a qualified applicant to receive a license in the City of Orono. Following the opening of bids, the City will review bids to see who is the highest preliminary bidder. The City will then develop a contract document for that apparent highest qualified bidder pending the outcome of the licensing application, should that person desire to continue that operation in Orono. The bidder may condition their bid on being able to receive a license to operate an off -sale liquor establishment. Upon the buyer signing a contract and providing the appropriate payment required in the payment schedule, the Council will then award the bid and the contract to the individual. If that sale has been conditioned upon the ability to obtain a license and the person is not able to obtain a license from the City within 20 days from the City sending them the sale contract, unless this time limit is extended by the City, they may exercise their right to withdraw their bid, but lose their first right to obtain the operation. This option must be exercised prior to expiration of the 20 day time limit by certified mail addressed to the City Administrator so withdrawing. If this option is exercised, the City will then go to the next highest bidder and negotiate a contract in a manner similar to the means to which they would do it with the first. If the highest apparent bidder subsequently qualifies for a license, they may only reinstate their right should the next highest bidder the City is dealing with exercised their option of withdrawal. The City will not return any ;jid security or payments to any vendors until actual close of tho sale of the property or ninety (90) days following opening of bids, whichever is earlier. Consideration will be given to the bidder who can indicate that they can acquire the operation at the earliest possible date, however, this date can be no earlier than May 9th, 1987 or a later date selected by the City but in no case will closing be later than June 30th, 1987 unless extended by the City. Failure of the City's highest qualified bidder, to return the appropriate contract documents submitted to them within twenty (20) days after submission to the bidder by the City with the appropriate signing and security, will forfeit their bid security. Should a party submit a signed contract with appropriate payment within the established time but shall forfeit the 25% intitial payment as liquidated damages if closing not completed May 30th, 1987 unless otherwise directly impeded by the City from so doing or unless the City grants an extension because of its failure to act in a timely manner. A maximum extension granted will only be to June 30, 1987. _Sale Closing - The contract negotiated between the parties will include the closing date for sale. On the date specified for the closing, the buyer will conduct, in conjunction with a City employee and another representative of the City, an inventory of all merchandise available for resale (liquor, wine, beer, and mix) utilizing the City's computerized inventory. This inventory will provide the basis for determining the final price of the inventory and the total cost of sale. In addition to inventory of stock for resale, an inventory of existing fixtures will be conducted and will be accepted as long as they are in operable condition by the buyer. The City does not warrant the condition of any fixtures that are sold and all such fixtures are sold as is. The City will additionally include in the sale the promotional materials that are listed on that inventory. The City is not responsible for any discounting promotional items provided that at least 75% of the promotional items listed in that promotional inventory are in fact on hand at the turn -over of inventory. 5. Financial - Minimum Bid - In order to be a qualified bidder, the individual bidding must submit a minimum net bid of at least ninty-five (95) percent of the on -hand stock for resale. The approximate amount is based on the audited inventory dated 1/l/87. In addition to the minimum percentage require to be bid for the stock, the individual may also bid additional monies over that for the operation. Bid Security - All bidders, in order to qualify, must submit a bid security which amounts to at least ten (10) percent of the total net bid that they are submitting. The only acceptable means of bid security will include cashiers check, a certified check or unrestricted letter of credit, all :f which will be payable to the City of Orono. The value of stock to be used to determine bid security for this will be the $86,500 inventory figure for January 1, 1987,(i.e. security for a minimum bid will be .95 x 86,450 a 82,127.50 x .10 - $8,212.75. Neither the bid or the bid security will be able to be returned) for a minimum of ninty (90) days following the opening of the bids or upon the sale of the store, whichever is earlier. Schedule of Payments - The following represents the payments to be submitted to the City by the bidder that is deemed to be successful: 1. Bid Security - This will be ten (10) percent of the persons total net bid with the value of the inventory to used to be $86,450, the value of inventory on January 1, 1987. 2. Payment -Upon -Contract -Signing - The apparent successful highest qualified bidder shall pay to the City a total of twenty five (25) percent of the estimated contract amount based on the computerized inventory dated v +n the contract was sent out to the party. This is to be done in conjunction with submission of the contract together with a letter of credit for 125% of the balance. Failure to do so in a timely manner shall result in the forfeiture of the bid security. 3. Payment at Closing - Upon closing the buyer shall provide, in conjunction with the closing, a check for sixty five (65) percent of estimated sale price, based on inventory two weeks prior to the closing with a letter Of credit submitted for 125% of the estimated balance. The letter of credit submitted with the contract signing will be returned upon payment at closing plus submission of the reused letter Of credit. 4. Final Payment - Within thirty (30) days fol'owing the closing, the buyer shall submit to the City the final payment based on the agreed upon final price based on an agreed inventory figure with the unit price being the lowest wholesalers list price posted with the State two weeks prior to the closing of the sale. Any items which the City has in stock which are not listed on that inventory shall be sold for the cost price the City has listed on its inventory as of January 1, 1987. Licensing Fees - All such payments listed above shall be exclusive of any licensing costs that will be attendent to the individual desiring to obtain a license. Such costs include, but are not limited to the following: a) Investigation Fee and any intended bond. b) Licensing Fee to be in a maximal of $150.00 per year. c) On -going Bond and submission of a performance bend for compliance with the liquor licensing ordinances. Financial Taxes - The City is responsible for all excise and sales taxes that it has incurred prior to closing date. All Federal and State excise taxes that are incorporated in the wholesale price of the goods on th� wholesalers list with the State of Minnesota will be added as an adjustment to the turn- over inventory. Final Sale Price - The final sale price, as noted above, will be determined by taking the percentage bid on the contract times the inventory units priced against the lowest wholesalers price posted with the State of Minnesota for the current listing two weeks prior to the closing of the sale. In addition to multiplying the percentage by that total inventory figure, any additional monies that the bidder has placed on that shall be included in that price. Once the final price has been determined the City will then subtract any payments received to date to determine the net price to be paid within thirty (30) days of the closing of the sale. Failure to submit the final payment within thirty (30) days shall be cause for the City to revocate the letter of credit outstanding on the balance on the estimated amount unless the delay is solely the result of the City's failure to agree upon a final inventory amount as it relates to a number of units sold. Move of Operr tions - As stated previously, 'Ne City is not the ou ° the property that it uses for the liquor store nor does ve any lease rights to be assigned to the successful er. All bidders who desire to be a licensed operation in the City of Orono must mane their own independent arrangements to have space in Orono. Any arrangements for the space currently used Dy the City of Orono must be made with Richard Keaveny of Keaveny Drugs, the owner of the property in which ehe liquor store is presently located. Following the closing of the liquor store, the owner has ten (3.0) days in which to either negotiate a lease with Mr. Keavney or move out the stock and attendant fixtures. Failure to move out in ten (10) days shall place the property under the ownership of Mr. Keavney with no penalty to the City of Orono. Costs for all space rental past the closing of the sale shall be the responsibility of the successful bidder. Liquor Licensing - While not required as part of the sale, should the successful purchasers choose to operate in the City of Orono, they will need to qualify for a liquor license. The sale of the operation to any particular individual confers no rights to a liquor license on that person. If the apparent successful bidder has conditioned his bid upon the ability to be licensed in the City of Orono, however, the bidder will not be awarded the sale unless they are licensable or choose not to exercise their option in a timely manner. Failure to become licensed within twenty (20) days of the City sending out a contract for the purchaser will allow the person to exercise their right related to withdrawal. The person who chooses to move the operation to another community, may do so and t�eir purchase will not be conditioned upon their ability to get a license in any other community as that is their responsiblity. The City will award its first liquor license to the highest qualified bidder should that person desire to operate in the City of Orono and has obtained a license prior to sale closing. Persons who desire to condo ion their bid upon the ability to obtain a license, must submit their liquor license application in conjunction with their bid. This submission must be complete to the best of their ability at that point. Any follow-up information that the City requests not included in the application shall be submitted to the City within five (5) days of such writt-n request from the City. Failure to submit the applicat..•n in conjunction with the bid shall result in the person not being able to exercise their non -penalized withdrawal right if deemed unlicensabie. 6. Inventory - for: Attached in Appendices A and B are the City's inventories 1. Stock dated January 1, 1:.7; 2. Fixtures dated February _ 198,; 3. Promotional items dated February 2, 1987. In conjunction 4ith the closing of the as. of the operation, an inventory will be conducted by personnel fr.,m both the City and the buyer. This inventory for stock will utilize the most recent computerized inventory with amounts - I agreed upon as part of the inventory. Pricing the inventory will be done in conjunction with the most current posting with the State of V ^,, ta's Liquor U .:trol Division datei two vpek:, in _. ante of c.or ng. Items that ere not listed iarh a ♦:t �lesale price list will 6s based on the City's listel ,••,entory lice for that item dated 'anuary 1, 1987. The City discount or exclude from -tory items which are broken . =cl -rise that is b, dously damaged or tampered. There shall be no - unting o- disailowa.;oe by the buyer at the turn -over invont.. )r any merchandise that they feel 'a simply our -:?sta -t—cb does not h.,.a any exterrei ni;ns of oamr or other tamp ring with. it is the bidder/t ability to determine ti,e extent .•f such possib ., r-k based on the App, ..dix A. Fixtures - All fixtureg on the .nventory are sold as is and t' City does not wa-rant or retain any liability for the fi Ies which are in operable condition at the date of closing. Op. . le condition shall be defined as substantially being able to perform the function for which the fixture wa originally intended. Promotional Items - Appendix C outii.nes the promotional items that were in the store as of . 1987, to the extent that seventy (75) percent of those items are on hand at the turn -over of the inventory, Tna City shall incur no loss for 'rose itemr.. To the extent that there is less than seventy (75) percent, the CILy will deduct $100 from the final price if between fifty (5C) and .eventy fiv.. (7r percent on turn -over inventory. A total of $. 10 will be deducted from the net bid if between twenty-five (25) and fifty (5u) percent are on hand. A total of $300 will be deducted if there is less than twenty (25 percent of those 'toms on hand. 9. Pays: Letter of Cre tit See Appen C for format for a letter of credit for use as bid a ,rity. 10. General Conditions - 1. Consideration of Pro al: The bidder Ahall submit his proposal on the form furs, :d by Lhe City of Oran: a) The City reserves the right t accept or r-ject any or all bids or any part of any Did, t, waive minor defects or technicalities, or to advertise for nes bids, as it may deem best for its interest. b) The City of Or ino shall hereira to be referred to as the Ci. f. c) In case of difference between written words and figures in a prci-osal, the amount stated in written words shall govern. d) In case of un; ;rice difference from extended figure, the unit p. .:e shall govern. e) Alternations or erasures must be crossed out and the corrections thereof printed in ink or typewritten adjacent thereto. The corrections must be initialed in ink by each person signing the proposal. f) All bids must comply with and not deviate from the provisions of the specifications and/or other bid contract documents if any. g) Revisions or interpretations made by the City shall be by addendum issued prior to the date set for bid opening. h) Changes to the proposal may be cause for rejection of said proposal. 2. Execution of Contract: The successful bidder(s) are required to execute a contract and furnish payment and a letter of credit as �-tforth in Section 5 of these specificatio^r in the fu. estimated contract price, that is satisfactory to the City Legal Department. Said contract and security must be executed on forms approved by the City. The contract shall be signed by the successful bidder(s) and returned, •,icther with required secur4�v, within twenty (20) days .,cter tt.- fn.ms have been mai d to the bidder. Upon failure of the success )idde,(s), within the time allotted, to execute the conc<acts, furnish security, or comply with any other requirements imposed precedent to approval of the contact, the bid security requested in the callfor bids shall be forfeited to the .:ity, not as a penalty, but as liquidated damages. By submittiu o bid, bidder agrees that said liquidated damages shall cover only the damages sustained by the City from additional administrative cost, expenses or readvertising and rebidding, and other damages sustained by the City as a result of failure of the successful bidder(s) to execute a written contract and a security as required, but shall not cover, nor preclude the City from claiming damages on account of delay, price changes, loss of other contracts, loss of income, inability of the City to fulfill other contracts, loss of other benefits of this contract, or other damages direct or consequently arising out of breach of the contract or failure to perform same by the successful bidder(s). 3. Time for Receiving Bids: Bids received prior to the time of opening will be securely kept unopened. The officer whose duty it is to open them will decide when the specified time has arrived an no bid received thereafter will be considered. Bids received after the time set for opening will be returned to the bidder unopened. No responsibility will be attached to an officer for the premature opening of a bid not property addressed and identified. Bidders are cautioned that, while telegraphic modi:-i cations of bids may be received as hereinafter, provided, such modificaitons, if not explicit and if in any sense subject to misinterpretation, shall make the bid so modified or amended subject to rejection. Bidders should secure correct information relative to the probable time of arrival and distribution of mail at the place where the bids are to be opened. 4. Withdrawal of Bids: The City shall not physically release or return to the bidder any bid for the purpose of modificaiton, withdrawal or any other purpose whatsoever until after the bids area officially opened and acknowledged and no bid may be withdrawn for a period of ninety (90) days from the official opening thereof, and then only by written notification directed to the Administrator and no pre- notification on proposal shall be constraint as complying with this requirement. a) Delivered bids may be modifed or withdrawn written or telegraphic request dispatched by the bidder in time for delivery in the normal course of business prior to the time fixed for opening; provided, that written confirmation of any telegraphic modification or withdrawal over the signature of the bidder is placed in the mail and postmarked and acknowledged by signed receipt therof, prior to the time set for bid opening; provided further, that any telegraphic requests should not reveal the amount of tae original or revised bid; provided further, any written request or written confirmation must be signed in the same manner by the same person who signed the proposal. b) All bids shall b2 held firm until the sale if closed or 90 days from opening whichever is earlier. 5. _Bidder's Experience:, Prior to the award of the Contract, the apparent low bidder, if requested by the Director of Finance, shall furnish to the Director current information and data regarding the bidder's financial resources and organization within five (5) working days. The City shall have the right to take such steps as it deems necessary to determine the ability of the bidder to acquire the operation and the bidder shall furnish the City all such information and data for this purpose as the City may request. The right is reserved to reject the bid where the available evidence or information does not satisfy the City that the bidder is qualified to carry out the terms of this contract. 6. Bid Guarantee: Bid Guarantee in the form of a Letter of Credit, Certified Check or Cashiers Check shall be made payable to the order of City of Orono. Cash deposits, bonds or personal checks will not be accepted. The Bid Guarantee shall insure the execution of the cont-act and the furnishing of a performance security by the successful bidder(s). The bid must be accompanied by a Bid Guarantee which will not be less than ten percent (10%) of the amount of the bid and at the option of the bidder, may be a certified check, cashiers check or a letter of credit secured by a corporation authorized to in the State of Minnesota. No bid will be considered unless is so guaranteed. Revised bids, whether forwarded by mail cr telegram, if representing ax. increase of the original bid, must have the bid guarantee adjusted according, and in the case of a revision by telegram the envelope containing the adjusted bid deposit must be postmarked prior to the time set fcr. opening of bids: otherwise the revision of the bid wi:l rot be considered and the original bid shall remain in for-e. CITY OF ORONO Draft SALE OF LIQUOR STORE OPERATION BID SUBMISSION FORM BID CLOSE Check if applicable: This bid is valid only if the purchaser receives a liquor license to excercise their right. (The completed application forms must be submitted with this bid.) BID ESTIMATE Inventory Percentage Bid x 86,450 (Minimum 95%) (audited inventory 1/l/87) Final bic based on percentage bid times final turn -over inventory figure Plus additional value bid for other fixtures articles and operational good will TOW L Bid Security 10% x - Enclosed is the required bid security. Submitted by: INTEROFFICE MEMO DATE: February 5, 1987 fl .). iy Fi: g% TO: Mark Bernhardson, City Administrator FROM: Mel Kilbo, Chief of Police 1987 SUBJECT: Vest Donations This ^rpartmeot has received a donation from the Long Lake State Bank for $1500 to be used for "Video Equipment and Vests". We received a second donation from Mr. Gerald T. McCourtney of McCourtney Plastics, Inc, 7309 West 27th Street, Minneapolis, MN, 55426, for $750.00 toward purchase of "bullet proof vests". We are aware of a third possible donation of $400.00. We have a total of $2250 on hand now for vests. We have a quote of $275.00 for vests from Uniforms Unlimited . With fifteen officers on the street, the amount of money needed to give each officer on reque vest would be $4,125.00. Bullet resistant vests would protect up to 9mm 115 grain bullets (which we carry in our guns). The vests also have been very successful in stopping attacks by knifes, broken bottles, and blunt impact from fists, clubs, and auto accident injuries. :s have a useful life from five to seven years at this time. The Kevlar fabric breaks down from flexing and separation of fibers. The vests have a value in that they protect trained officers from injury, resulting in savings in I.O.D. and sick leave. Several officers have vests now. It will be the policy of the Department to issue vests to officers on their request only. Officers will not be required to wear vests. The Department, with Coun-+1 permission, will solicit funds from civic organizations, such as Westonka Lions, Long Lake Chamber of Commerce, and West.onka Chamber of Commerce. An informational article on vest donations, nee:. . _ - nations of $1800 to cover vest costs, would be placed in the Pioneer, Laker, and the Wayzata Weekly newspapers. Super America has a campaign underway in which they will donate one vest for each metro department. We intend to publicize this donation. If we do not get enough funds to cover vest cost, records will be kept in dedicated funds to enable return to persons involved. We request Council parr. -ion to request donations. TO: Mayor and City Council �� FROM: Mark Bernhardson, City Administrato�`l Forwarded recommending approval. PROPOSED MOTION - Moved by _, seconded by _, for the Council to authorize the Police Department to solicit funds from civic organizations with funds to be deposited with the Orono Crime Prevention Fund for purchase of vests. Ayes _, Nays _ Citizens buy a bulletproof R• vests for two police forces By Jack Tabert Staff writer New Hope's two dozen police offi- cers will get bulletproof vests this year, thanks to a public cam" that raised more clan $8,000 In six weeks "When they lined up for their fittings (in December), I told them, 'We all have an early Christmas present from the community,'" Sgt. An Ho - Posen said. "They were very happy and thought it was very generous, very suppor"ve of the people." Sparked by the New Hope fund cam- paign, PV,moutb residents have raised about $5.000 In three weeks to buy vests for their 31 officers, rid Police Chief Richard Carlqulal. I The two local efforts seem to be i part of a larger trend to offer butte: . proof vests to officers In large and s small departments. Martin Lehman, New Hope buslness- man who donated the fist $400. said tb ssW-w there has been tremen- d� 9e salu be acted after reading aba %it a MlnneapolL officer whose life vru saved because he was wear. tnf % bulletproof vest when Shot In a '.est la,t fall. After donating the money. Lehman nialled 400 letters to other business people to the area asking for caatri- butluns to help equip all the officers. If "We receiveu from $10 te, s1,000 It from businesses, Sad a lot of $25 s donations from prlva:e citizens. Oh, and there was one .Icy worker who walked Into City hall holding out 85, n saying he wanted to help." d A police department without bWleF Proof vests, Lehman said, is "like owning a professional football team and sending your players out without belmets; doesn't make any sense." Most police departments In the met. ropolitan area do not require offi- cers to wear vests. In most communi. ties, those who want vests, which cost $300 to $400, have had to buy their own. In Plymouth, Chief Carktulst said a Plymouth home butider, Roger Red- mond, t the first contribution, J350, to -t fund. Redmond said he was Inspi id to start a campaign In Plymouth after reading what Leh- man was doing in New Hope and recalling that a short time earlier a policeman's Ufa was saved because he was weartno vest. "The local newsbeper publifbed a 4¢tt% ory,oet my donation. and ITT, fhe Insurance company that Jut Moved to Plymoutb, .donated f4Aoo,' Redmond said. - lIgmowhlle. in C�-ry'fs�L-'11 the City Coun- grwW spend S10,UUl in I917 to buy ,"vts fgr Its 30 polke efflaern. . ;M. Annenpolts,Police Federation tills had a campolgo underway since No­=..ber. Capt. Bruce Lindberg said the federation is contacting 11 major corporations seeking money to aid In outfitting help outfit 1.000 street officers with vest. I �ndberg, president of ...e federation. sold Superamerica donated 14,500 Mon- day to buy one vest for each of the 14 police stations in the city. R U_,l MEETING F_9 0 1987 TO: Mayor ar.'1 City Council WY OF ORONO �FROM: Mark Dernhardson, City Administrato��If, DATE: January 29, 1987 SUBJECT: 1987 ' rd I Review Date ISSUE - Establishment of a date for the 1987 Board of Review. INTRODUCTION - Annually each municipality must hold a Board of Review to he, appeals on the market valuation place! on property by the City's ,,ssessor. This Board may be composed of persons appointed by tale Council, but in Orono it traditionally has been done by the Council as a whole. DISCUSSION - In the past Board of Revi, es' have been established a fewmonths in advance and at times have been done in advance r a regular C:;uncil meeting, which was the case last year. It suggested that Chic rear the Board of Review would be held night apart from a C..unrL1 meeting and receive all the "complaints" from the pe .ons who desire to appeal their draisal. Suhsequent to that those wnose issues were not .,eA at the initial meeting could be addressed at a subsequent ing based on the recommendation of the ;.. assor. The Board must conclude its work by June 38 of each yea. As sales prices on residential property has again been climoing, in part due to lower mortgage rates, it is anticipated that market values for taxation purposes will be rising and may generate a few more appeals than seen the last two years. RECOMMENDATIOU - It is recommenC that the initial Board of Review meetrng be established for Wednesday, May 13, 1987 and that subsequent follow-up be held at 6:00 P.M TUesda} May 26th in ad•,anca of the Council meeting. It is an ,pated that this would attempt to handle these in ?dvance of the summer season when scheduling becomes some,'iat more difficult. PROPOSED MOTION - Moved by seconded by I to establish May 13, 1087 as the Board ,' Review date to be followed by a subsequert meeting at 6:0) P.M. on ^uesday, May 2,,, 1987 to review t,.l follow-u: to the Initial Board of Revrew. Al -s Nays cc: Rol,' 1>rlckson David F:.ide 12987.8 49 U -.! WE-tTING Tc FROM: I,ayor and City Council Mark Berl :rdson, City Administratorl� F-7D 8 1987 y1ir JF ORONO DATE: February ' 1987 SUBJECT: City of Me.i -ono Ext,nsior, #116/%,flow Attacnment: A. Preliminary Layout CSAH 4116 B. Gerhardson Memo Cty 11G Dated February 4, 19117 ISSUE - Identification of issues and co rns Orono has related to tfie possible entension of County 116 rrom its intersection a: Highway 55 to Highway 12. INTRODUCTION - The City of Orono has been recently contacted ty t.eoCity or Medina as it has been irdicated tLey have ^gai❑ requested that the County look at extending County 116 down Willow to, at least County Road Six, if not Highway 12. It is their feeling at this time altho•7h ti,e expenditure is not a programmed expenditure, that the County may be interested in doing this for the City, as a quid pro quo for their ongoing landfill. When this was last considered by the City of Medina in 1983 people of Medina south of County 24 elong Willow objected to it, however those north of County 24 were generally in favor of it. As noted on the map this would provide the only direct north -south link for the community apart from County 19, which is on the western edge and segments of Willow that weave back and forth in the community. DISCUSSION - The City of Mpai:a inv,ted Orono to be atten, .ice at. their February 1, 1987 infor:aW meeting on the matte- John Gerhardson we in attendance r meeting and relayea the following issues and concerns tha- :he City of Orono may have in relationship to this proposal. - Estimate of increased tra in -irono - Impact of status of Willow as a Municipal Sta s^reet 1MSA) - North of Si:. - Between Six ..^ 'li.inway 7 - Attendent tra,. _.•r•t, of improvL.­ ,t; et: ' iunty Road Six and Willow highway 12 and Willow - Impact on propose) frontage road ayo , 1;ighway 2 - Impact of traffic on Highway 12 - Extension of physical portion of Willow as to: A. Traveled portion (traveled portion is presently 24 ft. with 3 ft. shoulder width south of County 6 and 20 ft. north of County 6) expanded to 8 ft. shoulders similar to Willow south of Watertwon - Ditches would also be included if a rural section. B. Right of Way increase from 66 to 80 ft.) As an Alternate to using Willow as County 116 the County may explore use of old Crystal Bay Road from County Six south. This could provide for a County Road all the way down to County 51. Issues include: - Impact on traffic and width - Signalization improvement at Olo Crystal Bay Road - Impact on frontage roads This alternative however, is presently not an optic,, considered by the County. It is anticipated that this would probably take 2 to 3 years before it is funded together with another 2 to 3 years of construction to complete the road. while it is anticipated that such a route would serve as a cut - across between Highway 12 and Highway 55 it is not anticipated that the amount of additional traffic would probably not be su')stantial. The significant issues for Orono are as follows: 1. Impact of increased traffic on: a. Residents abutting Willow b. Major intersections along the route - County Six - Highway 12 - North frontage roads 2. Ccnversior of portions of Orono streets to Ccunty roads. 3. Funding source for necessary traffic control improvements should the extension be made. As this charge would be partially in Orono, Medina will be formally requesting Orono's approval should they vote to go ahead with it. RECOMMENDATION - Given the fact that this would be a significant iorth sour route through the community to assist both police and fire access in the Medina community and to some degree not in substance different to the north/south routes Orono has in Old Crystal Bay Road, Willow and North and South Brown that Orono not object necessarily to the extension. Orono needs to look for ways to have the impact such an extension mitigated. Absent a good estimate of what increase in traffic that this would create apart from improved intersectional control at various points it is difficult to suggest other improvements to mitigate such. It is recommended any other issues or concerns to staff and that this be brought back at your Febraury 23, 1987 Council meeting for further discussion. PROPOSED MOTION - Moved by _, seconded by _, that this item be tabled until February 23, 1987. Ayes _, Nays _ cc: City of Medina City of Long Lake PROPOSED CSAH 116 EXTENSION 4wfw*g PROPOSED ALIGNMENT To: Mark E. Bernhardson, City Administrator From: John R. Gerhardson, Public Works Coordinator Date: February 4, 1987 Subject: Proposed County Road 116 On February 3, 1987, I attended a public information meeting at the Medina City Hall. The purpose of the meeting was to discuss the proposed extension of County Road 116 from State Highway 55 south to State Highway 12. The upgrading of the road is being promoted by the City of Medina because presently there is not an adequate north -south road through Medina and city roads are being used which in turn is causing extensive maintenance costs. If County Road 116 is constructed it will be paid for and maintained by Hennepin County. As you can tell by the attached information, the extension of County Road 116 has been part of Medina's and Hennepin County's Transportation Plan for several years. However, it is Hennepin County's position that the road will not receive consideration unless it is extended further south to State Highway 12. Previously all proposals indicated construction of the road to end of County Road 24. During the presentation by the Medina Engineer and Hennepin County it was determined that the design of the road would be an 80 foot right-of-way, 24 feet of driving surface with 8 feet bituminous shoulders, the design speed limit would be 45 MPH but the Minnesota Department of Transportation would have the final say about what a safe and reasonable speed limit would be. Currently the traffic counts on Willow Drive between County Road 24 and County Road 6 are approximately 1,400 VPD (vehicles per day) on the south end and 1,900 VPD at the Orono/Medina border. Hennepin County estimates that when the road is completed traffic counts may be 2,500-3,000 VPD. There are no plans for signalization at County Road 6 and Willow Drive but a traffic signal at Willow Drive and Highway 12 is a probability. Following discussion by the audience, the Medina Council voted to table the matte: for six weeks to allow time for more information to be received from residents abutting the proposed or existing roadway. ,� q U.,0-i't:.ia MEETING TO: Mayor and City Council II(! F-c3 g 1987 FROM: 'fark Bernhardson, City Administrator phl�� DATE: January 29, 1987 GitY OF ORONO SUBJECT: 1986 Liquor Operations Attachment: A. 1986 Report of Liquor Operations ISSUE - Receiving the report of liquor operations for the year 1986. INTRODUCTION - During 1985 the Liquor Operation incurred an operational loss of $8,600. Due to the successful work of the liquor store staff, particularly Lorraine McGowan, there has been an upward swing of of almost $24,000 to realize a $15,275 profit for the operation in 1986. ($11,886 from sales and $3,389 from investments.) DISCUSSION - A principal reason for the swing has been the fact that gross sales have increased from $445,967 to $493,427 (11%). while sales have increased, the operating expenses which had been escalating decreased about $6,009 from 1985 to 1986. The margin on cost of goods sold increased slightly, so the cost of goods sold increased to 26.87% from 25.89%. RECOMMENDATION - It is Staff's recommendation that the liquor store staff be commended for the excellent efforts that they have made that have had such a positive effect on the operations, sales and performance for the year 1986 and that the Council accept the report so indicating thei: gratitude. PROPOSED MOTION - Moved by , seconded by , to accept the report of the 1986 Liquor Operations together with expressing their appreciation to the liquor staff for the excellent efforts they have made in this regard. Ayes _, Nays 1 CITY OF ORONO MUNICIPAL LIQUOR STORE BALANCE SHEET ASSETS DECEMBER 31, 1986 Current Assets: Cash and investments $55,139 Returned checks 1 credit card charges 315 Accrued interest receivable 633 Misc. receivable 34 Prepaid expenses 1,250 Inventory for resale 06,457 ------------------ Total Current Assets Property and Equipment: Leasehold Improvements 725 Equipment -------------""- 25,763 $26,488 Less accumulated depreciation (24,633) Net Property and Equipment Total Assets LIABILITIES AND FUND EQUITY Liabilities: Accrued wages payable $766 Accrued retirement payable 334 Accrued credit card expense 133 Accounts payable 14,789 Due to State (Sales Tax) 4,105 Due to Federal Gov't (Liq. Tax) - Accrued vacation/sev. benefits 9,536 --"'------------- Total Liabilities Fund Equity, Retained earnings January 1 $115,818 Adj for accrued vac/eev benefit (10,073) 1/1/86 Net income Jan. 1 to Dec. 31 15,275 Transfer* to General Fund (5,000) ------------------ Total Fund Equity Total Liabilities 4 Fund Equity $143,828 1,855 $145,683 $29,663 116,020 $145,683 DECEMBER 31, 1985 $28,486 428 711 1,250 101,099 $131,974 725 25,763 ----"------------ $26,488 (22,933) 3,555 $135,529 $522 316 171 12,153 3,716 2,833 $19,711 $129,412 (8,594) (51000) 115,818 $135,529 CITY OF Often MUNICIPAL LIQUOR STORE 6TATGENT OF REVENUE AM EXPENSES Three Menthe Ended Oecee6ec 31 Twelve Boothe Ended Oecealar 31 --_ _ 1986 1985 __ 1986 ---- ------------ 1985 ------------ ---- -------- __ -------------------- Asn..t 1 Salo ---------- A.punt 1 Sal.. ---___ .Yount I false dearest 1 Shies sales and Cost of Sales. Sala. $129,334 100.00% $118,730 100.009 $493,523 100.009 6665.963 100.001 Sale. discount. 31361 2.604 6,051 6.096 --- 13,910 ---- ------`------___-`_-�_ 2.e21 13,904 3.161 Mt sales --_------_-__+ 125,973 97.601 --------------- 113,079 95.911 679,613 97.121 431,983 96.861 Cost of sales 91,0% 70.361 93.071 69.971 363,017 30.311 316'"1 ---- ------- 70.97t ------ Crea. Profit --------------- $34,967 --- 27.061 ------------------ $30.800 25,94% $13215% 26.1119 $115.502 25.996 After Sales file. Oper.. I.. orBe, nol. Personal • rvices 19,636 15.399 22138i 18.851 76,663 15.01 86,805 19.681 5... If.. 6I6 0.331 1.068 0.80, 2,007 0.621 2.571 O.S81 I ... r.nces 2,527 1.95% 1,613 1.36t 10,162 2.061 5.091 1.31t Building rant 3,350 2.901 3,750 3.261 15, 000 3.041 15. BOO 3.36% other servleo a charges 31 INS 2.696 6,472 3.771 15,290 3.10, 16,305 3.320 oepndetion 423 0.331 .A --- 0.36% 1,900 0.366 Y 11130 0.39% Total OP, 'sting ergo. 30,188 23.341 33,694 _-'--- ----------- 28.391 120.710 26.651 326,392 20.639 theoti. ees IL0o1 --- ------- 6,339 ----- 3.701 f2.8861 -2.681 11,8% 2.611 (11,290) -2.541 Nerapar.tln9 Bav[nen Interest on lnvestesnte 11009 0.78% Ila 0.109 3.003 0.611 1.619 0.361 Other 250 0.191 e07 0.751 382 - O.00t 1,070 0.261 Total Nawpe..ting -1. 1,259 0.979 11005 Y 0.85% 3.369 0.69% 216% 0.606 Rae in. (LOW ES,O38 6.671 (i11081) v-1.591 815.273 3.10% (66,5961 -1.191 WOGS PROFIT M WAVE YA ------a OROBB EMPIT ON SERIES Type OF "La ' A E ' A S A B-- III.., - MI.. 35.450 30.131 33.056 23.501 - profit 34.661 28.ES1 38.566 30.SIS 3S.041 30.751 36.M1 26.ES1 "I. - MIM A.161 30.459 24.651 27.121 - profit 32.771 34.696 33.071 33.61% 20.001 36.921 11.161 34.01% Mon - ..1.. 36.051 ".Oil W.64. 36.606 - profit 30.671 26.691 26.921 25.601 33.206 25.640 30.291 25.561 MI.. Mile. -..1.. 2.341 2.410 2.569 2.96, - Profit 2.101 %.S96 2.651 33.01% 2.S46 29.50t 3.251 31.73% Total. - Val.. 100.001 100.001 100.00. 100.001 . gross Profit 100.001 29.641 100.001 30.030 100.001 29.696 100.001 29.031 es le. dbrovn 1. 2.600 A.096 2.02% 3.166 _________ 27.046 ---- ---- 25.96. 26.1T1 25.611 MIT v.Iern. •A• reflect ulo/9ro . profit a . per ... I of the total uba/9rea[ profit Col a• r.fllct 9m a Profit ... per.... of rM tYM of ..I. 2487.4 30 -0: Mayor and City Council FROM: Hark Bernhardsor., City Administrator11.' DATE: February 4, 1987 SUBJECT: Legal Seminar - Saturday, February 21, 1987 FRESHWATER BIOLOGICAL INSTITUTE PRESENTED BY POPHAM, HAIK f ::? MEETING fc9 9 1987 CITY OF ORONO Attachment: A. Popham, Haik Letter Dated January 30, 1987 ISSUE - Information related to the legal seminar to be sponsored y�Bopham, Haik. INTRODUCTION - Just a reminder of the upcoming legal seminar to be sponsored from 9:00 a.m. to 12:00 noon at the Freshwater Biological Institute for Mayors, Councilmembers and staff of the communities of Minnetrista, Orono and Excelsior. PROPOSED MOITON - Moved by , seconded by , to accept information regarding upcoming -legal seminar at [Tie Freshwater 9iological Institute, February 21, 1987. Ayes _, Nays POPHAM, HAIK. SCHNOBRICH, KAUFMAN & DOTY, LTD. MEMORANDUM TO: Mayor, City Council Members, and Planning Commission _.;--- Members FROM: City Attorney Kathleen Blatz /YW i,j07 DATE: January 19, 1987 JON REs Municipal Law Seminar jT^C U;(�.:,,'� -j• U. .".^ On February 21, 1987, from 9:00 a.m. to 12:00 noon, our firm will be conducting a Municipal Law Seminar for some of our municipal clients. The purpose of the semir.ar is to provide -an overview of topics that are relevant to your responsibilities and duties with the City. The seminar is scheduled to be at the Gray Freshwater Biological Institute, located at the intersection of County Roads 15 and 19. In order to assist us with our planning, I would appreciate a p:ione call from you if you are unable to attend the seminar. My number at the law firm is 333-4800. My secretary is Jean Karius and she will be able to take messages should you be unable to reach me. If I can answer any of your questions regarding this seminar or any other matter, please do not hesitate to call me. YAB/jk cc: Mark Bernhardson 5eauc 2487.6 MEETING TO. Mayor and City Council ! f"c9 9 1987 FROM: Mark Sernhardson, City Administratorb`'� CITY OF ORONO DATE: February 4, 1987 SUBJECT: Preliminary 1986 Summary of Receipts, Disbursements and Balances Dated 2/3/87 Attachment: A. Preliminary 1986 Summary of Receipts, Disbursements and Balances ISSUE - Receipt of information related to City-s cash and investment balances and activity for 1986. DISCUSSION - Attachment A represents the preliminary report of the h-Balances for all City funds for 1986. Some minor adjustments between funds will be made to finalize the year end statements for audit. A final report is expected the enP of March. Notable is the $164,000 net increase in the General Fund raising the balance to almost $2.6 million. This increase is primarily dui to actual revenues exceeding the budget by $166,000. The current balance in the Building Capital Fund established in 1982 has a 1986 balance of $104,693 with an additional $20,060 transfer to it in the 1987 budget. PROPOSED MOTION - Moved by , seconded by , that the Orono City Council accept the Pr—eliminary Summary of Receipts, Disbursements and Balances as information only. Aye, _, Nays T or Onuen �IOP,tPT Ul PP.CEIPTv. U SPIIII[i]IYT9 AYU UALAYR, .'nP T116 TINLV[1 WR115 IPIU1m OY<DIB[P 31, 1906 YPCI@[x. 3/:/B6 SBOIW. 3]/)1/66 Y a o INtISYR G56 6UO.1 TI..., IINYbi MOI:r (C) Y OP 29A68) 39966T C699 31PR62 R'1p 9A46R MV�YR P6QZP'8 logo 1966 IY 80IL OIBBO 1966 90C3S OfR POP® MIa9Q WAM c..r.1 $1,419,673 SL 648,850 (E163,191,19) $25,661 $2. 2". 410 $2, MS,193 99.11 $63,810 $2.583.710 P.a 4v War (I10) ]8, 0]6 ]9,105 ).M 29.705 26.56 20,667 0 ].rN 118.311 18.909 15.650 2,220 - 135.06 1 ! (125) 19,113 - 99,328 - 0 19u11, OPtbY 199.665 36,459 69,670 63.920 56,266 90,065 62.5. 225.670 6_a9 r•, OPtl3 11.936 6,993 - 20, 000 234 - 109.693 was 91 .14 Cm. 2M.112 13,288 - 1301553 - 102,707 11 .14 66 86 S,ON 40,958 60.346 60,152 410. 619 99.3% 5,856 90 I.p. gee 101.818 13,117 - 6,1" - 1081816 So Ase. 66-76 911,605 219,12a 181,490 3S1,111 312,116 103.59 639.970 Sp a.. 6c 36.100 M9. 369 1".006, 3MIMI 139.516 99.63 616,1416 19 A.v R 1T.833 116.808 W.I" IW11M 101.966 300.18 239,921 6a .... as 1.31603 21I.479 01.213 353,691 IIT,MS (d) 300.81 102.391 I,9+or Op 221.0. 550.020 140.575 (a) 513,633 110,575 (a) S5.e1 5,000 54.1" .for Op 24,339 139,141 152,600 130,155 153,613 66.31 33,345 ewer Op 113.935 488.63! 383,653 655d43 383,63S 119.19 2511021 4:f co w Op 3516% 100.351 93,575 (a) ]09,0M 93,575 (a) 116.611 2).1]3 Pa1M I.. Tru.1 NM 6.959,036 14.959.0161 422,615 15,555,635 422,645 15.68T.569 (5,090 M.3 5.090,9T0 11,959,OM 1169.371 S5.265.0J, e1.101,646 $89,211 SiS,555,605 6S,175,172 83,906,221 $89,271 i15,607. S69 6165.6%) 85.090.910 r..A 11 T S.,335,112 $81.314 35.166.021 U.254600 $1.1.6% $14,433,115 65,0)3,096 8),300,942 Q01.606 915,055,029 $168,371 36.959.036 IOPO .0 y - 1946, ---- _—---- _ ----- . blonsT Soon. — __--_____-_. b96.506 89.5.19, e L,cMN { Nrvlt• 102,531 W.SM Ivtrt9r N..mr 111,1A 311„90 rave to. 603.]1] SN,S10 rice. 401641 4C.000 Is,. w Iv. as. inlet 111.S00 11.1 R O,.vr rv.de 211,401 3..000 0,6.r ro ni PC✓tlnl Ibl TOTAL 19% G88 6 I� TO 1'/31/86 115,236.640 IIM6 (a) Llsuer End golf Oparating food* budget. do art Include • nn be for purab.a.. for r...1. a 1 oy sales CAN, collected/re.itted. "a receipte budget. e NaNt, pro)eet only groan p-oflte - not total receipt. 105.21 0012 (b) general fend revenues recorded will net 127.61 goal receipts collected due to receivable. billed 99.71 in oft.. ..boa.ties period. .vd non r...... 106.51 recvlpts. 140.8. 1.1.0. MOTE Cc) Budget..cast. fabled. .ub.del.d 14.9. transfers, do not include fund balance use. or Ind.., additive.. 101.1. Mars (4) Budget . mt include. debt ..,I. - does not include ronntroctfen di.bor.snt (v) adjust" ter bae.tead credit veld by state. f ; :.!. MEETING TO: Mayor and City Council ( FROM: ir Mark Bernhardson, City AdministratorV1i')� U F_9 9 IJ87 DATE: January 20, 1987 WY OF ORCNO SUBJ: Tax Forfeited Properties ATTACHMENT A) Resolution Draft Regarding Dispositi:n B) Resolution t1643 C) Maps of Properties ISSUE City review and direction for disposition of various tax forfeited properties to the County. INTRODUCTION When the County determines a property has gone tax forfeit, they direct requests to the City to determine what the City wants to do with those properties. The options the City has are as follows: -The acquisition for public use -Temporary delay on sale -Release for public sale -Release for limited sale to abutting property owners In addition, the City reviews its financial concerns as they relate to properties, particularly outstanding special assessments. The following represents the summary of each property and staff's recommendation regarding those properties. The attached resolution outlines the City's direction for disposition together financial information required. P.I.D. 10-117-23 31 0084 Adjacent tax forfeit properties (3) were released for sale in Feburary, 1983. These were purchased by Terry Morse, an abutting property owner. Given the isolated nature, recommended direction of sale to an abutting property owner. P.I.D 17-117-23 43 0001 Note on Attac ment B this property was originally released by the City in May of 1984 and has subsequently gone tax forfeit again by the person who picked it up failing to complete the sale. Attachment A re-releases that property for public ■ale. P.I.D 02-117-23 31 0026 Thiq property or g na ly was one of two lots belonging to the ow..er at 500 Hanlon Ave. when the assessment for this project was put through half an assessment was placed on each lot. (This practice was rectified in the Crystal Bay assessment to prevent this from happening). The property caner allowed the second lot of record, which was not combined, to go tax forfeit thereby avoiding the half of the assessment for the sewer. The attached resolution directs sale of the property to abutting property owner and establishes that the assessment value to be recouped on the property. Page 2 of 2 Tax Forfeit Properties January 22, 1987 P.I.D. 20-117-23 31 0024 This is property that is most appropriately released under City ownership for public right-of-way and the Attachment A so directs. RECOMMENDATION - that the Council adopt the attached resolutions. PROPOSED MOTION - Moved by _, seconded by that the Council adopt Res�ione #____par_, s a directing the disposition of various celof ty properthat have gone tax forfeit. Ayes _, Nays _. City of ORONO ' RESOLUTION OF THE CITY COUNCIL F . e NO. •-e e TAX FORFEITED LAND RELEASED FOR PRIVATE SALE TO ADJACENT OWNERS WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes 282, the City has received from Hennepin County a list of lands within the City which have become the property of the State of Minnesota for non- payment of real estate taxes; and WHEREAS, the City Council has reviewed said lands for compliance with local zoning ordinances, for the amount of outstanding special assessments remaining unpaid to the City, and/or for possible public use by the City as authorized by the Statutes. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Orono, pursuant to Minnesota Statutes 282, hereby approves the classification of each of the following parcels of land as non -conservation land, and furthermore, approves the public sale of each parcel of land as listed below to adjacent property owners. All parcels remain subject to all applicable zoning ordinance provisions, including ,hose regulations providing for minimum lot area and minimum lot width. Substandard parcels may be useable only in combination with other adjoining parcelsW. Release of these lands by the City Council is subject to the condition that all outstanding special assessments shall be paid in full to the City upon return to private ownership. Any amount not recovered at the time of sale shall be subject to reassessment by the City. PARCELS RELEASED FOR SALE District P.I.D. 38 10-117-23 31 0084 38 02-117-23 31 0026 4-rZy,h. City of ORONO RESOLUTION OF THE CITY COUNCIL • NO. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held the 9th day of February, 1987. by a vote of __ ayes and _ nays. James R. Grabek, Mayor ATTEST: Dorothy M. Hallin, City Clerk 12.n/.5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. e -• e� TAX FORFEITED LAND RELEASED FOR PUBLIC SALE WHEREAS, the City of Orono is a municipa? corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes 282, the City has received from Hennepin County a list of lands within the City which have become the property of the State of Minnesota for non- payment of real estate taxes; and WHEREAS, the Hennepin County Board of Commissioners have classified said lands as non -conservation land and have authorized the sale of each such parcel of land subject to review and release by the City; and WHEREAS, the City Council has reviewed said lands for compliance with local zoning ordinances, for the amount of outstanding special assessments remaining unpaid to the City, and/or for possible public use by the City as authorized by the Statutes. NOW. THEREFORE BE IT RESOLVED that the City Council of the City of Orono, pursuant to Minnesota Statutes 282, hereby approves the classification of each of the following parcels of land as non -conservation land, and furthermore, approves the public sale of each parcel of land as listed below. Release of these lands by the City Council does not constitute an assurance that each parcel is or will be approved as a building site. All parcels remain subject to all applicable zoning ordinance provisions, including those regulations providing for minimum lot area and minimum lot width. Substandard parcels may be useable only in combination with other adjoining parcel(s) and/or may be subject to prior approval of zoning variances by the City Council. Release of these lands by the City Council is subject to the condition that all outstanding special assessments shall be City of ORONO RESOLUTION OF THE CITY COUNCIL. NO. _ ;,all in full to the City upon return tc private ownership. Any amount not recovered at the time of sale shall be subject to reassassnent by the City. Parcels Released For Sale District P.I.D. 38 17-117-23 43 0001 Adopted by the City council of the City of Orono, Minnesota at a regular meeting held the 9th day of February, 1987, by a vote of _ ayes and _ nays. James R. Grabek, Mayor ATTEST: Dorothy 14. Hal in, City C.erk City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ REQUESTING CONVEYANCE OF TAX FORFEIT LANDS FOR PUBLIC USE BY THE CITY OF ORONO WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statute 282, the City has received from Hennepin County a list of lands within the City which have become the property of the State of Minnesota for non- payment of real estate taxes; and WHEREAS, the Hennepin County Board of Commissioners have classified said lands as non -conservation land and have authorized the sale of each such parcel of land subject to review and release by the City; and WHEREAS, the City Council has reviewed said lands for compliance with local zoning ordinances, for the amount of outstanding special assessments remaining unpaid to the City, and/or for possible public use by the City as authorized by the statutes. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono, pursuant to Minnesota Statute Section 282.01, Subdivision 1, hereby applies to the Hennepin County Board of Commissioners and to the Commissioner of Revenue for conveyance of the following tax forfeited lands to the City for street and drainage purposes. PARCELS RETAINED FOR USE BY THE CITY District P.I.D. Public Purpose 38 20-117-23 31 0024 Street Adopted by the City Council of the City of Orono. Minnesota at a regular meeting held the 9th day of February, 1987, by a vote of _ ayes and ^ nays. James R. Grabek, Mayor ATTEST: Dorothy M. Hallin, Clty Clark 2487.1 33 f iEIFTiRG To: Mayor and City Council FED 9 1987 FROM: Mark Bernhardson, City Administrator0 f% illy OF ORONO DATE: February 4, 1987 SUBJECT: 1290 Spruce Place - Assessment of Costs P.I.D. 08-117-23 32 0015 Attachment: A. Resolution of Accrued Costs B. Resolution 82088 Dated November 24, 1986 ISSUE - Submission of a resolution assessing the corrected amount fists agains': the subject property. INTRODUCTION - When the City submitted Attachment B to the County directing the sale of this piece of property to the abutting property owners on November 25, 1986 the resolution erroneously contained the amount of $1,800.00 of costs incurred by the City to affect the demolition and transfer of the tax forfeit property. This figure is correctly $2,220.50 and this resolution would be directing the County to have this corrected amount incorporated in the recovery of monies upon sale of the property. RECO14MENDATION - It is recommended that the attached resolution directing sale have the amount of costs incurred by the City of Oorno subsequent to the property becoming tax forfeit to include a total of $2,220.50. PROPOSED MOTION - Moved by _, seconded by _, that the Orono City Council adopt resolution ! to recoup costs incurred from the property at 1290 Spruce Place upon sale to abutting property owners. Ayes _, Nays _ City of ORONO RESOLUTION OF THE CITY COUNCIL NO AMENDING RESOLUTION #2088 DIRECTING THE PRIVATE SALE OF PROPERTY TO ABUTTING PROPERTY OWNERS LOT 4, BLOCK 1, SAGA HILL REVISED WHEREAS, 1290 Spruce Place has been directed for sale to the abutting property owners under :resolution ■2088 dated November 24, 1985; and WHEREAS, that resolution contains costs incurred by the City of Orono to be $1,899.00; and WHEREAS, that figure is incQ..ect and a review of the financial records of the City indicates a total expenditure of $2,205.51; and WHEREAS, costs that were incurred following the tax forfeiture of the property can be recouped as part of the sale. NOW, THEREFORE BE IT RESOLVED, that the City requests the County to recoup the total amount of its costs in the amount of $2,220.50 as part of the sale of the property to abutting property owners. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held February 9, 1987. James R. Grabe , Mayor ATTEST: Dorothy M. Ha in, City Clerk c ty of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2088 DIRECTING THE PRIVATE SALE OF PROPERTY TO ABUTTING PROPERTY OWNERS LOT 4, BLOCK 1, SAGA HILL REVISED WHEREAS, the property at Lot 4, Block 1, Saga Hill Revised commonly known as 1290 Spruce Place is a 50 foot parcel of lakeshore land, and WHEREAS, this parcel of land does not meet the City's area requirement for the LR-1B Zoning District which is 1 acre, and WHEREAS, this property at one time had a house that had been ordered removed since 1982, and WHEREAS, this house was finally removed and the site graded by the City in 1985 and 1986, and WHEREAS, the property as lakeshore property requires the release from the Department of Natural Resources, and WHEREAS, such release was given in a letter dated October 27, 1986, and WHEREAS, this parcel does not mee� applicable zoning standards and therefore is an unbuildable lot, and WHEREAS, abutting property owners have indicated an interest in acquisition of this property, and WHEREAS, outstanding special assessments on this property are $2,955.66, and WHEREAS, the City has incurred expenses amounting to $1,800.00 subsequent to the property going tax forfeit. Page 1 of City of OiIONO RESOLUTION OF THE CITY COUNCIL NO. 2088 NOW. THEREFORE BE IT RESOLVED, that the City of Orono requests a private sale of the property listed above to abutting owners, and FURTHER BE IT RESOLVED, that the selling price take into account its outstanding special assessments together with recouping of City costs incurred in preparing the site for sale has been determined to be $1,800.00. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held November 24, 1986, Page 2 of 2 12987.2 N Y MEETING f =-B 9 1981 TO: Mayor and city Council ,F ORONO ^ROM: Mark Bernhardson, City Adminiatrator� DAT-: January 29, 1987 SUBJECT: Off -Sale Liquor License Fees Attachment: LSfUE - Establishment of appropriate fees as an amendment to O r�rna nce 129 DISCUSSION - In order to establish off -sale liquor licensing There -is a need to set the appropriate fees for investigation and annual license issuance. The following represents the recommended changes. These generally reflect State law maximums and that found in adjacent communities. Delete: Initial Investigation - $150.00 per person. Add �y inserter the following: Initial Investigation On-Sale/Off-Sale - $596.56 per licens• - In state investigation up to - Out state investigation (actual cost) Initial Investigation - All Other - $150.00 per person off -Sale Liquor License - $150.90 Bond Requirement - $5,000 PROPOSED MOTION - Move.: by , sec,neef by _, tc incorporate the above intc an Ordinance change of Ordinance f28. Ayes _, Nays 12987.4 ? U-."? :�. MEETING TO: Mayor _d City Council ii,FED 1987 PROM: Mark Bernhardson, City Administrato��/ V CITY OF ORONO DATE: January 29, 1987 SUBJECT: Employment of Peter Bydzovsky ISSUE -Confirmation of employment for Peter Bydzovsky commencing Fury 10, 1987 as a Police Officer for the City of Orono. DISCUSSION - At the January 12, 1987 Council meeting, Council granted authority to offer employment to the most qualified indi. vidual to fill a vacancy created in the department last October. At that time there were two candidates that were going through final screening for medical and psycological tests. Based on that, an employment offer was made to Peter Bydzovsky, Mr. 3ydzovsky is a 29 year old who lives in Woodbury. Following service as a Military Police Officer in the Marine Corps he obtained his associated degree in Law Enforcement. Prior to coming to Orono Police he has been employed by First Bank Systems in the areas of security and system support. The City recruits its officers through the joint powers agreement called the Minnesota Police Recruiting System. This has been a group of approximately 50 communities who have jointly selected police officers for the last five years. The joint powers agreement provides for initial advertising and screening of licensed or licensable police officers who have obtained at least the two year law enforcement degree together with going through the required State eight weeks skills course. Through this system these applicants are given a written screening exam together with a physical agility test. At that time these indi,,idnals indicate In which community or communities they may be interested. When a community such as Orono has an opening a review is made of all those who have passed the initial testing and hav- indicated an interest in Orono. These applicants are then placed in an initial screening done by one of the Department's Lieutenants. Subsequent to that a smaller number cf individuals is reviewed by a Review Panel generally composed of a Police Officer, a Police Supervisor and an individual from Leng Lake and one from Spring k. Subsequent to that, a second screening interview is :ld by Police Chief and City Administrator. These indr, iduals are asked to fill out and undertake a background investigation. once completed the individual will undergo a psycological evaluation together with a physical, including the stress test, by City appointed medical p?rsonnel. This appointment will bring the Department's strength to the authorized number of 16 sworn officers. (1 Chief, 2 Lieutenants and 13 Patrol Officers) RECOMMENDATION - Mr. Bydzovsky be employed as a Patrol Officer Fo—Et eFi C ty%f Orono commencing Febrary 10, 1987. PROPOSED MOTION - Moved by _, seconded by , to confirm the employment of Peter Bydzovsky as a Patrol Officer for the City of Orono commencing Febraury 10, 1987. Ayes , Nays 11287.1 : 1 MWING TO: Mark E. Bernhardson, City Administrator F_3 8 1987 FROM: Tom Kuehn, Finance Director`"�,1- GUY OF OR ORONO ONO DATE: January 9, 1987 Uncollectable N.S.F. Checks - 1985 The attached resolution lists all uncollected N.S.F. checks from the year 1985. All uncollectable N.S.F. checks from prior years have been previously written off. During 1985 there was a total of $982.67 in N.S.F. checks charged back to the liquor store and of these $554.23 has been collected. This leaves an uncollected balance of $428.44 in N.S.F. checks. Since these checks are now over a year old it is recommended that they be written off as uncollectable. I will present a memo and resolution at the end of the first quarter of 1987 to write off all remaining N.S.F. checks from 1986. TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato0 Forwarded recommending approval. PROPOSED MOTION - It was moved by seconded by , to adopt Resolution t _ declaring certain N.S.F. checks and charges uncollectable and removing them from the City accounts effective December 31, 1986. Ayes Nays 11287.2 City of ORONO ,q' yYl RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION DECLARING CERTAIN CHECKS AND CHARGES UNCOLLECTABLE AND REMOVING THEM FROM THE CITY ACCOUNTS As of December 31, 1986, the City Council of the City of Orono, Minnesota hereby declares the following checks uncollectable and directs the removal of same from the appropriate City accounts. Liquor Store Checks: Timothy P. Condon $ 19.23 David C. Jones (2) 39.03 Jon R. Starbech 3.74 Al J. Stein 15.45 Charlie Goff 12.27 Susan J. McKee 8.34 Randy L. Everson 16.73 Scott R. Strand 6.67 Ross Torgerson 7.87 Jay D. Dawley 6.67 Nagi Anis Anse 15.36 Sherryl L. Hawks 16.95 Perry S. Junker 5.00 G 6 G Racing Enterprises by Bruce F. Gliem to John Spence 25.00 Christopher Douglas 15.99 Karen R. Martin 10.50 Joel A. Nielsen 3.36 Brian Langon (American Express Traveler's Check forgery) 50.00 Chester Gustafson, Jr 5.41 Jerianne M. Cullen 20.00 Michelle Marie Poetz (2) 41.12 Donna M. Torgerson 11.20 David H. Weros 15.17 Kristin Kolling 17.41 Linda Buroker (forgery) 29.25 Clifford B. Ruffin 10.72 TOTAL $4[8.44 Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held February 9, 1987. ATTEST: James R. Grabek, Mayor Dorothy M. HaIiin, city er V To: John R. Gerhardson, Public works Coordinatfb;,;; MEETING From: Jack Brinkhaus, Street Foreman FEB 9 1987 Date: January 7, 1987 CITY OF ORONO Subject: Seasonal Weight Restrictions Attached is a list of the recommended axle weight limit restrictions for each city street. The streets will be posted from March 15 through May 15, 1987. The normal length of time that restrictions are in effect is related to weather conditions. Certain streets might be closed to school buses if a street becomes impassible. In the past several years, we have allowed solid waste haulers to continue their normal operations, limiting them to gross weight on any single axle of seven tons or 14,000 pounds. If a street shows signs of severe breakup we will limit the solid waste haulers to smaller vehicles. I have drafted a resolution for the 1987 weight limits for council approval. The principal garbage haulers will be notified. TO: Mayor and City Council 1 1 FROM: Mark Bernhardson, City Administrato�{7r Forwarded recommending approval as an annual resolution during spring thaw. PROPOSED MOTION oved by _, seconded by _, for the Orono Council to adopt Resolut _ setting seasonal weight restrictions on the streets in the c ity. Ayes _, Nays _ City of ORONO :yl RESOLUTION OF THE CITY COUNCIL NO. The City of Orono ordains that axle weight limits are restricted on the following streets in the City of Orono from March 15, 1987 through May 15, 1987 in accordance with regulations as provided in Chapter 6.11 of the Orono Municpal Code. No refuse collections vehicles shall be operated during the seasonal restriction time where the gross weight on any single axle exceeds 14,000 lbs. and no vehicles shall be operated upon any City 'street at any time where special posting specifially prohibits refuse collection vehicles. The following streets are limited to five ton axle limits: Arbor Street Baldur Park Road Barrett Avenue Bayview Place Bederwood Drive Birch Lane Blaine Avenue Bohn's Point Lane Bohn-s Point Road Brackett's P,'nt Road Briar Street Brown Road, North Carman Road Carman Street Caroline Avenue Casco Avenue Casco Circle Casco Point Road Cherry Avenue Cherry Place Chevy Chase Drive Chippewa Lane Concordia Street Corral Road Country Club Road Crestview Avenue Crystal Avenue Crystal Bay Road Crystal Place Cygnet Place Dahl Road Dickenson Street Dickenson Street Alleys Dickey Lake Drive Dunwoody Avenue East Lake Street East Long Lake Road Eileen Street Elm Lane Elm Street Elmwood Avenue Ethel Avenue Fagerness Point Road Fairview Cottage Farview, Lane Ferndale Green Ferndale Road West Forest Arms Lane Forest Lake Drive Forest Lake Landing Fox Ridge Road Fox Street IS. Brown to Orono orchard) Fox Street IS. Brown to Willow Drive) Fox Street (484 to Willow Drive) Frederick Street Glendale Avenue Grandview Avenue Hnckberry Hill Hanlon Avenue Heritage Drive Heritage Lane High Lane Highwood Road Hunter Drive Ivy Place Keene Avenue Kelly Avenue Kenwood Way Lakeview Avenue Lakeview Terrace Leaf Street Lilac Lane Linden Avenue Linden Lane Livingston Avenue Loma Linda Avenue Long Lake Boulevard Long Lake Union Cemetary Road Lydiard Avenue Lydiard Circle Lyman Avenue Lyric Avenue Maple Lane Maple Place Mapleridge Lane Minnetonka Avenue Minnetonka Highlands Minnie Avenue Myrtlewood Road Navarre Avenue Navarre Lane North Arm Drive North Arm Lane North Ferndale Road Northern Avenue Oak Street Old Beach Road Old Long Lake Road Olive Avenue Orchard Reach Place Orchard Park Road Orono Lane Orono Orchard Road Orono Townline Road Page 1 of 2 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. of five ton axle limit streets: Park Avenue Tonka Avenue Park Drive Turnham Road Park Lane Vine Place Partenwood Road Watertown Road Pheasant Lawn Road Webb Street Prospect Avenue Webber Hills Road Railroad Avenue West Ferndale Road Rest Point Circle West Lafayette Road Rest Point Lane West Lake Street Russell Avenue Wildhurst Trail Scotch Pine Lane Willow Drive (Highway #12 Shevlin Drive to Sixth Avenue) Smith Avenue Willow Drive (Sixth Avenue Spates Avenue to Medina City limits) Spring Hill Road Willow Drive (from South Spruce Place Brown Road to Fox Street) Starkey Road Willowbrook Road Stubbs Bay Road Windjammer Lane Tamarack Drive Woodhill Avenue Togo Road The following are nine -ton axle limit: Old Crystal Bay Road McCulley Road Tonkaview Lane 1,illow Drive (from Watertown Road to Long Lake) Willow Drive (from Fox Street to Watertown Road) The following bridges are limited to 19-ton per vehicle: 32 Tons per truck and full trailer or semi -trailer combination: Willow Drive Old Crystal Bay Road West Ferndale Road Adoped by the City Council of the City of Orono, Minnesota at a regular meeting held February 9, 1987. ATTEST: Dorothy M. Hall n, City Clerk James R. Crabek, Mayor Page 2 of 2 :Y To: James R. Grabek, Mayor F=3 9 1987 Mark E. Bernhardson, City Administrator Orono Council Members From: Jeanne A. Mabusthr Zoning Administrator G3iP OF(iRONO Date: February 5, 1987 Subject: Construction Mortgage Investors, Co., 2500 Sixth Avenue North - Request to release owner from requirements of conditional use permit approved by City 10/15/84. List of Exhibits Exhibit A - CMIC Request Letter Exhibit B - Original Drainage Plan Exhibit C - Engineer's Plan of Alternatives Exhibit D - Cook's Report Exhibit E - Conditional Use Permit - Resolution 1685 Document No. 4944171 Exhibit F - Flowage and Conservation Easement Document No. 4944172 Review of Application #846: In 1984, the City approved a comprehensive drainage project for the subject propoerty, Lot 3, and the adjacent property to the east, Lot 2 (review Exhibit B). The properties at that time were under single ownership. Leekly, Inc. was the contracting firm that developed both sites. The project consisted of the installation of a retention pond on the east, Lot 2, that would drain to the west to another proposed retention pond on Lot 3. The plan provided for overflow drainage to run from the proposed second pond on Lot 3 south along a drainage swale to the drainage ditch at County Road 6. The pond on Lot 2 was installed in 1984 with overflow drainage channeled through underground tiles under an existing driveway and surfacing at east border of Lot 3. The pond on Lot 3 was never constructed and currently, the drainage, now above ground, flows westward to swale area and then south to County Road 6 drainage ditch. Review of Current Request: A prospective buyer of Lot 3 does not wish to install the pond to the north of the residence and wants release from any obligations stipulated in the original conditional use permit and the Conservation and Flowage Easement taken over the proposed drainage area. Staff has advised the buyer's agent that per the Code (Section 10.09, Subdivision 8 " A conditional use permit shall lapse one year following the date on which it became effected"), that if a permit for the pond construction was not issued by October 15, 1985. the original conditional use permit was no longer valid on Lot 3. On the other hand, the Flowage and Conservation Easement was another matter and would have to he reviewed by the City Engineer prior to any recommendation for action by staff. The drainage plan as approved by the City in 1984 was interdependent and not mutually exclusive. In other words, if the new owners of Lot 3 did not maintain the defined drainageway through their property, Lot 2's drainage would fail. 2500 Sixth Avenue North February 5, 1987 Page 2 of 2 The City Engineer, in his report, (Exhibit D), has recommended two courses of action. The first would be to simply modify the area restricted by the Flowage and Conservation Easement providing protection of the drainageway and releasing the proposed pond area to north of line. The second option would call for land alterations on Lot 2 that would redirect overflow drainage from retention pond south to drainage ditch at County Road 6 (review Exhibit C). The owners of Lot 2 may have no problem with this approval as long as they do not have to pay for the alterations and restorations. The City would require that an amended Flowage and Conservation Easement be filed against Lot 2 and the City execute a quit claim deed, deeding back the Flowage and Conservation Easement over Lot 3. Staff has no preference over either of the options recommended by the City Engineer. The future owner of Lot 3 must decide wh+ch alteration is the most beneficial or feasible. PROPOSED MOTION: Moved by _ , seconded by _, to approve the staff recommendation concerning the Construction Mortgage Investors Company's request to release them from all obligations of a Flowage and Conservation Easement over Lot 3, Block 1, Willow Run, subject to a final decision of all affected property owners and to further direct staff to redraft and prepare the appropriate documents for filing. Iff, CONSTRUCTION MORTGAGE INVESTORS CO. I - 300 MORSE AVENUE a MAILING ADDRESS, P.O. BOX 40 a EXCELSIOR, MINNESOTA 55331 a TELEPHONE IBM 474-0B44 JAMES E. HURD WALTER M. CHAMBERS STEPHEN T AYAU EeacutiW Vice PmiUent Vice Pmi&nt FjAN � January 5, 1987 City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 RE: Lot 3, Block 1, Willow Run Dear Sir: As current owner of the above referenced property, we request a release of easement rights as outlined on Resolution i1685 document numbers 4944171 and 4944172 dated October 25, 1984. Per Section 10.09. Subda:ision 8 of the Municipal Code this Conditional Use Permit is no longer in effect yet the Flowage and Conservation Easement continues to encumber the property and thereby devaluating it considerably. we will be responsible for reasonable costs in reviewing this request and the drafting of a quit claim dyed. Sincerely, CONSTRUCTION MORTGAGE INVESTORS CO. Ron Allar Assistant Secretary RA:bjc •/// S 1 I/ I'UPOGRAPRIC Dr.TAIL FOR LEFKLF.Y'S INC. IN WILLOW NUN "A IOI.Y IU.1 111.1 IYJ d,-- —--274.ee— — — — —— 27N.ee'--—-- -R f.---- -- 77VAe--- ---� I i i n1s l ' 1 IN.O=rf 111.1 Ili T I - I :ol .l NI I• N If 4 I `�' 111 ��rnr.../�+•I � ...,. ,.. en. �.•`�-i \ye.d1 11 _ :;ept. '.. 'o.0 i j I :;celr: I :rd, 1 z reet , / i'atum: aeaunr� o..27177— 27!.77 ---J eat — 171 17 — — — — — GVfiDON M. I]iFt :N — — _ _ :MC. Hwy —a (e LAND SUPYCYUPs a PLIINYCNS Aid No rtQiC LGNG LAKC. M1NNF nbtA Cauftt y J TOPOGRAPHIC D'r;l'A1L FOR LEEKLYY'S ;NC. IN WILLOW NUN 9k p46 n., mr.y r>•.1 ul,i IrJ.t w.t '.., III .Ds... t .. 1 ur,'.•v. ir{ { i I,' Esewe. •' & lo's I vI vYrN.l �' Io n II�]e, n 111 ,1 NI /. fa.rty I II na II �rr.• ? II � •.rv.34a✓,.�1 771.77 L- na —27177 Aid No 6 Co+r+y 5tatt HwY. 7 r H+,rr f R.r/-1' it sI v / I I Uatc Sept. '. :;call: I IF, _ .. I Datum: n<au-.: r m.Y i f.rrn.. •r /ii•.r s r-N CVfiWN R. U1cF f: LAND SUft7::l !,rJMU LAKE. v Anderlik & Associates, Inc. mwG aw, P! 2335 W. Trunk Highway 36 SL Paul, MN 55113 512436•46OO January 26, 1987 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Jeanne Mabusth Re: 139-846 Leekley's Dear Jeanne, �� MVNriC Yrvrnr, Y! e Z, AwnN. Y L IrYA.fnrbP /! Engineers & Architects _ %_ t� PE JAA' ? A 1987 t 44nv R CaW. P, LnN A fiw�Mn, Y! )Inw,! WOW..YI. Rvvwi W Imn, f f ROMP L RN.vN. PF Mown c A, M arFH.I.L Mp M P.L LMI A.P,/a rM L. !.nl/. /L Nx.W r Frrr. I.F. u4riY P.m p/pMt wIu LWm. ,,wno W. I„orr, PS . . L. Wi PL buns. MPE. •.,N,F P As.,,,..vL. Nx1 A. 1YMN. P! NW R. RPF ReW,C . Runt. A IA �bwo L. ANu. P k SULL Yuu,. YL. ( NrY, A lw,r sM M..NI MxY M pvw Lr Y LMMs We have reviewed the I.eekley request relative to vacation of the drainage and utility easement. We would recommend that the easement not be vacated. The easement could be modified to eliminate the ponding area if the property owner desired. The easement should be modified as follows: An easement for drainage and utility purposes over the following described properly: That part of Lot 3, Block 1, WILLOW RUN, lying within 10 feet on each side of the following described centerline: Commencing at the Northeast corner of said lot 3; theu.:e Southerly along the East line of said lot 3 a dis- tance of 270 feet to the point of beginning of the centerline being des- cribed; thence Northwesterly, d+flecting right 117 degrees a distance of 162 feet; thence Southerly, deflec, + left 116 degrees a distance of 183 feet; thence Southwesterly, deflectin,,inht 14 degrees to the South line of said Lot 3, and said centerline there 1q. The current easement could be eliminated if the y +rty owner to the east on Lot 2 would provide a new drainage way. The drainsg, way would run from the pond to the Southwest corner of lot 2. placement of a 'Llvert under the joint driveway would also be necessary. If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSSME, ANDEdLIK A ASSOCIATES, INC. Clean R. Cook CRC:et 1738e 30 Year Anniversary City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1685 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO MUNICIPAL ZONING CODE SECTIONS 10.l SUBDIVISIONS 19, 20, AND 21 - PILE 484� WHEREAS, Leekley's Inc. (hereafter "the applicant")is owner of the property located at 2500 Sixth Avenue Nnrth within the City of Orono (hereinafter "City") and legally described as follows: Lot 3, Block 1, Willow Run (hereafter "property"), and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19, 20 and 21 to permit excavation of a decorative wildlife pond in an amount of material to be excavated estimated at 835 cubic yards. NOW, TBBRBPORB BE IT RESOLVED by the City Council of Orono, Minnesota: PIND1_iGS 1. This application was reviewed as zoniu. .le 4846. 2. The property is 1c :ted in the RR -le Rural residential Zoning District. 3. The Orono Planning Commission reviewed this application on eptember 17, 1944, and recommended approval of the proposed conditional use permit as amended based upon the foll�winq findings: a) The excavation for the pond will have no detrimental effect on the surrounding property. b) The improvement will enhance the aesthetic value of the property. :) The exca"4tir, will not i, pede the natural drainage of the area. TRANSFER ENTERED 4. The area to be excavated is not a designated wetlands and p[rraresta,Rpvext u�ouQN is cuteide the Flood Plain and wetlands Conservation area. N 0tRRv pane 1 of y City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1685 5. The City Council finds that granting a conditional use permit to the applicant for the construction of the wildlife - pond would not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the land alteration and the manner in which the excavation is to be carried out to be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City .ncil hereby grants a conditional use permit per Municipal Zoning Code SEction 10.03 Subdivisions 19, 20, and 21 to Leekley's Inc. to allow excavation of a wildlife pond, subject to the following conditions: 1. The construction of the pond must follow the guidelines setforth in the recommendation of the Hennepin County Conservation District: a) 4:1 slopes at uppermost portion of pond. b) pond depth not to exceed 5 feet. c) maximum surface area not to exceed 8,000 sf 2. The pond must conform to pertinent standards sit by the Minnehaha Creek Watershed District. 3. The grassed swale outlet area must be maintained to provide assimilative capacity and may not be covered with impermeable surface materials. 4. A flowage and conservation easement shall be granted to the City over the proposed pond, drain pipe, and grassed swale. 5. The applicant is advised of the homeowner's liability in case of serious accident or death at ?his pond. Some recommended safety measures are: a) Post warning signs b) Construct pond with 4:1 or flatter sideslopes c) A low fence is suggested to keep unsupervised chf ldren or toddlers from accidentally wandering into th- pond. Posting the pond against trespassers does not relieve the owner of the safety rebponsibility inc,rred. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL o,r�rr. NO. 1685 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 misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to q cording of this resolution in the chain of title of the 7�liAijPpxed'j the Ci ty Council on this 15th day of October, 1984. (2) Property Owner (3) Property Owner MMaty C. Bt;t er, Mayor Page 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1685 STATE OF MINNESOTA )ss. COUNTY OF HENNEPIN ) On this 254k day of OCTDPiM 1984, before me a Notary. Public within— and or said County, personally appeared o3I1 i • LeNrLCY 4/CrEK�F`/S.lti c. known to me to Fe the person(s)'descrlbed in and who exe uted the foregoing instrument, and acknowledged that he (they) executed the sane as his (their) free act and deed. pAFFR0,t,4 MICHAELP• ypd,111 NOTARY PUBLIC HOTMv WBiIG- NENNEPIN OOUNTY i .J aL��, �%B7 MY COMMISSuF�N EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 1984, before me a Notary Public within and for said County, personally appeared known to me to e the person(s) described n and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I Dorothy M. Wallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on octoh,r 15 . 1984_, and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this let day of _ NOV 19 84 thy M llin, - ty Clem (SEAL) This document is being recorded 1-1 fit of the City of Orono per Minnesota Statutes 386.77. .ta_ ;� 9xxzmxgxx11a4Yszamm, City Attorney Thomas J. P,adio State Deed Tax Due Hereon: Exempt This instrument was drafted by: City of Orono P.O. Box 66 Crystal B.y. MN 55323 FLOWAGE AND CONSERVATION EASEMEA 41$ 1 • 2 AND WAIVER OF DAMAGES THIS INDENTURE, made and entered into this 7-6 day of OIL,, 1f3 _fQ , 1984, by and between Leekley's Inc., heirs, assigns, successors Inereinafter collectively referred to as the Grantor (a)I and the City of Orono, its successors and assigns, a municipal corporation under the laws of the State of Minnesota (hereinafter referred to as the Grantee). WITNESSETH, Grantor(s), for and in consideration of the sum of one Dollar ($1.00) and other valuable consideration, hereby covenant, grant, gift, quit claim and convey to Grantee the right to restrict and Grantor(s) agree to limit and preclude the use, improvement and development, under the conditions and covenants herein contained, the following described Land in the County of Hennepin and State of Minnesota: An easement for drainage and utility purposes over the following described property: Commencing at the Northeast corner of Lot 3, Block 1, WILLOW RUN; thence Southerly along the East line of said Lot 3 a distance of 150 feet; thence Westerly at right angles a distance of 215 feet to the point of beginning of the easement being described; thence Southerly at right angles a distance of 110 feet; thence Easterly at right angles a distance of 145 feet; thence Northerly at right angles a distance of 110 feet; thence Westerly to the point of beginning, ALSO, that part of Lot 3, Block 1, WILLOW RUN, lying within 10 feet on each side of the following described centerline: Commencing at the Northeast corner of said Lot 3; thence Southerly along the East line of said lot 3 a distance of 270 feet to the point of beginning of the centerline being described; thence Northwesterly, deflecting right 117° a distance of 162 feet; thence Southerly, deflecting left 116° a distance of 183 feet; thence Southwesterly, deflecting right 14• to the South line of said Lot 3, and said centerline there ending. as follows: TRAN5F7:: DEplaiMLNI NOUj1f "1em %� NEWO`Itl4dUR 1 Y MINN Grantor(s) hereby covenant and agree(s): A. No structures shall be constructed, erected, or placed upon, above, or beneath the Land including without limitation, fences, fireplaces, steps, docks, piers, hardcover or roads of any nature whatsoever, or :.y other structure or improvement inconsistent with the natural state of the Land. B. No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Land except as authorized by written consent of Grantee. Y x1'UfY C. No earth, loam, peat, gravel, soil or any other natural material or substance shall be moved or removed from the Land and there shall be no dredging or excavation of any nature whatsoever or any change of the topography of the Land without the written consent of Grantee. D. No soil, sand, gravel or other substance or material as landfill shall be placed, dumped or stored upon the Land and no waste, trash or garbage shall be placed, dumped or stored upon the Land. E. No use shall be made of the Land except uses, if any, which will not change or alter the natural condition of the Land, and no use which would tend to change the drainage, flood control, water conservation, erosion control, soil conservation, fish and wildlife habitat characteristics shall be made of the Land or the water situated thereon. F. Grantee may enter upon the Land for the purposes of inspection and enforcement of the covenants contained herein and to cause to be removed from the Land without any liability any structures, uses, materials, substances, or unnatural matter inconsistent with the covenants contained herein and the natural state of the Land. 2. Grantor (a) hereby grant, gift, quit claim and convey to Grantee, a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Land. 3. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever, the Grantee and a.v .nd all of its officers and employees of and from any and all claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any f lowage or trespass with water within terms of these agreements. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) do not intend that the public should have any interest in the above land by virtue of this indenture or otherwise, except as hereinabove set forth. The Grantor (a ) herein certify that the land herein described are free and clear of all encumbrances except: All provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties` hereto. STATE OF MINNESOTA ) )as COUNTY OF HENNEPIN ) On this 2.5�' day of oc-roBE72 , 19�, before me, a Notary Public within and for said County and State, personnally appeared Q,oA6Yr L. L.Ee1t LEy VIDE P-elICETIi Foa L�EleLeys Lic . known to me to be the person . s) descri bed in and who executed theforegoing instrument, and acknowledged that they executed said instrument as their own free act and deed. n MICHAEL P. GAFFRON YOTMI'N�C•Y�MNESOT� y HENNEPIN COUNT/ NOTARY PUBLIC Yy fgmm E, DaDy�Jun•11,1M State Deed Tax Due Hereon: Exempt This instrument was drafted by: POPHAM, HAIK, SCHNOBRICH, KAUFMAN 6 DOTY, LTD. 4344 IDS Center, Minneapolis, MN 55402 (612) 335-9331 This document is being recorded for the benefit of the City of Orono pursuant to Minnesota Statutes 386.77. Thomas J. R#dio,' City Attorney 2487.3 3 9 MEETING TO: Mayor and City Council f=8 9 1987 FROM: Mark Bernhardson, City Administrator(I'CIfY OF ORONO DATE: February 4, 1987 SUBJECT: Highway 12 Task Force to Upgrade Attachment: A. Willmar Chamber of Commerce Letter Dated February 2, 1987 B. City of Maple Plain Letter Dated January 22, 1987 C. Highway 12 Task Force Goals and Objectives D. Highway 12 Alternatives Circa 1968 ISSUES - Determination by the City Council as to the City of Orono�a positron in relationship to a significant upgrade of Highway 12 west of the Freeway section at the Orono/Wayzata border. INTRODUCTION - For the last few months the City has been aware of efforts pearheaded by the Chamber of Commerce of the City of Willmar to increase Highway 12 from the current two lane up to a four lane freeway standard from Wayzata, at least to Willmar, if not to the state line. Their desire to do this is based on the grounds of economic development to draw industry and commercial areas out west plus an unstated goal may be to provide better access for these communities into the Metro area. As you may be aware the four lane through Orono was discussed back in the late 68s and early 78s with the possible route going down the Luce Line as noted in attachment D. This proposal was subsequently tabled because of other funding priorities notably the designation of Highway 212 as the major east/west route from Minneapolis to the state line. DISCUSSION - The City when it commenced its Highway 12 Corridor Study did approach MnDot regarding any possible upgrade to Highway 12. It was stated to the staff that given the 15 to 28 year funding horizon for MnDot that there was no anticipation to spend any further money on this cor:id„r du-.ng that time frame. Additionally the City did have 108 feet of right -of -way through its section of the corridor to provide for at least limited upgrades to the two lane road through Orono. As noted in attachment B the City of Maple Plain has indicated their initial opposition to it, with the City of Long Lake considering this at their February 4, 1987 meeting at which they decided to support it. Since both the cities of Orono and Long Lake will be ones most directly impacted by initial change to Highway 12 it merits consideration and thought by the Council prior to any indication of support. Since MnDot is a reactive agency, this Task Force if able to generate enough legislative support together with funding may be able to gather the strength needed to do an upgrade. However funding priorities in the State for State roads are becoming increasingly tighter and this group will have to go head to head with other groups who desire priority. FECOMMENDATION - It is recommended that the Council indicate any i'nitia-S concerns and issues they may have regarding the possible support of this resolution and that it be tabled until the March 9, 1987 Council meeting at which time the Council may take formal action to approve or deny this resolution or adopt a resolution of their choice related to this matter. Additionally it is recommended that as any change may be a minimun of 5 to 10 years before it may take place the City continue with its comprehensive plan amendment regarding Highway 12 as some upgrade can be done within the existing corridor and that the improvements anticipated within the comprehensive plan amendment would only be of greater need should improvement to Highway 12 be made in that corridor. To the extent that an expanded freeway were to be undertaken on another route that may place it outside of the study corridor area. PROPOSED MOTION - Moved by , seconded by _, that having discussed any concerns that the Council may have regarding this Task Force that the item be tabled until the March 9, 1987 Council meeting. Ayes _, Nays _ WILLMAR AREA CHAMBER Febniay 2, 1987 - City of Orono HFR 3 1%] John Gerhardson P.O. Box 66 Crystal Bay, FIN 55323 Gentlemen: The Highway 12 Corridor Task Force has been working since June, 1986, to organize cities and counties on the Highway 12 Corridor in a common effort to secure a Legislative priority for Highway 12 uVroveInent. With representatives of local units of government, business organizations and citizens, the Task Force Steering Ca mittee has gathered information, worked with M/DOT representatives f= the four IM1/DOT Districts represented on the corridor, and held public meetings in Delano, Litchfield and Ortonville. With the clear understanding that we must present a united front to the Legislature, we have made every effort to develop a concensus representing the common reed for an econmic corridor to restore economic vitality to the area lying between 1-90 and I-94 which is not served by an unproved highway. The most powerF ' tool that we have will be joint action by the five counties enty one, ,ities to endorse a concept of highway 3provement. We ask that thL . Orono adopt the endorsing resolution at their next Board . mg. We ars nearing the time when we will take our concept to the 3ls/ature and, with your help, build a case for legislature priority for Highway 12 construction. Upon its adoption, please send a copy of your resolution to Task Force Chaim , Dean Schluter, Willmar Area Chambar, Box 287, Willmar, MN 56201. On behalf of the Highway 12 Corridor Task Force Steering C ttee Dean Schluter Chairman 518 WEST LITCHFIELD PO. BOX 287 WILLMAR, MINNESOTA 56201 PHONE (612)235-0300 RESOLUTION Whereas the State of Minnesota provides a transportation system to enable the economic growth of our state to flourish through the growth of tourism and the recreation industry, camrrcial and industrial growth and by sustaining the agricultural base of the state; and, Whereas in the areas of central Minnesota, western Minnesota and southwestern Minnesota there is a void of improved state highways to serve the eaznany of this area of the State of Minnesota; arid, Whereas the econanic d..uelop ant . f this portion of our state depends on an improved highway to serve the communities on the U.S. Highway 12 Corridor, to improve depressed conditions of the area by inncxeasinti job opportunities generated by armercial and indust,'al growth; and, Whereas a Task Force comprised of representatives of the five counties and twenty are cities on Highway 12 have been meeting to study and recamnxd inprovenents to Highway 12 for the benefit of central Minnesota, western Minnesota and southwestern Minnesota; econanic corridor; now Whereas the present method of establishing priorities for highway construction does not take into account economic inpacts and will not advance the timely inproverent of this critically important economic corridor; now Therefore be it resolved that the ( local unit of goverment) hereby endorses the concept for Highway 12 corridor knprovenent set forth by the Highway 12 Corridor Task Force and calls for the Legislature of the State of Minnesota to establish a Legislative Priority to provide equity of opportunity for citizens of Minnesota living in this transportation -poor area by directing the Minnesota Departsent of Transportation to advance scheduled iTvrovenents and accelerate the process for planning and scheduling projects for uninproved stretches of Highway 12. CI 1620 MAPLE AVENUE • MAPLE PLAIN, MN 55359 HENNEPIN COUNTY 0 PHONE 479 i23 January 22, 1987/a��-; Willmar Area Chamber Lit.. Dean Schluter 518 west Litchfield P.O. Box 287 Willmar, Minn 56201 Pe: Highway 012 Corridor Dear Sir; ank yo, f. including us .n vour plans regarding upgrading b�. 1�L frol _wi, lane to four lane between Maple i n and Del,ro. Please ,dvia, 1 that while we see some specific .,ads for im- provement such as replacement of a hazardous PR t 'dge, we are opposed to the concep, which would urir.ide Highwe to four lane. The '. raffic coo:, bimply does not justify the expense it would ue of limr.'.ed to no value Lo Maple P'ain. There h .'t -'"n acy appars^t or o1`-•ious support for such a projnet it neighboring cities and ao it seems that ;our e-ts should .:n- ,,,.ntrate more on the highway in the vicinity cl, I am soery we cannot t_ )f support for your -ad. Sincrorely, Jeff W.. in Mryor City of Independe�r• City of nr-no -- - Ci1, , ..i Lake C Delano Mir., Dept. of Transpo cion Si Betty Adkins Rep. Tany Cn... en corconcept THE HIGHWAY 12 CORRIDOR CONCEPT The concept of a modern highway and e:onomic corridor from the western edge of the Twin Cities to the economically depressed area of central, west and southwestern Minnesota will include the provision for imp ovements in six zones to reflect the changing patterns and leve.s of use as traffic moves along the corridor. Certain design standards and c.amunity ord).manc are indicated for the entire :orri.dor. Thes, include 10T a�pacity, 10' foot paved shoulders, the reduction cr no -passing +ones, and the addition of left tvrn lanes. On -street parking on the highway shall be reviewed where there is a need for greater right-of-wny smO where capacity and safety are issues. Where improvements are made, speed ii�its will he reviewed. orovement 'op t tified as follows: Improvemen. 1-401 to r-lano Improvement 11 Delano to •bkato Improvement Za..- III Cokato to Litchfield Improvement Zone I" Litchfield to Willmar Improvement Zone V Willme. to Ranson Improveme: lone VI Benso to Ortorville An the corridor steps down from 6-':. - capacity where it emerges from the Twin Cities, 4-lane capac: huuld be piovided to Delano in Improvement Zone 1. Impro ant Zone II and -ovemept III should be an improved lane highway w.t). Iaseing and left turn lanes. Design standards could be reviewed on reaching Improvement Zooe IV and V. Improvement Zone VI from T.H.59 to Crtonville shou' be improved to the standard existing between Willmar and I H. 59. Note: Wiaile this conrept principally addresses the flow of t a is betweet. the Twin Cities and communities along the coi id-r,'ths flow of reffic along Highway 12 w:.il be affected by the roc ost.action of 9ishwey 1'. between Milbank end I-29 in South ' La in 1983. SICSSIT 12 OOSB1902 IWWTMNTS (.B) = Priority 1SpBOTLR PROPOSED Igrevweat Zone 1 I-494 to Selene (*I) Construct oven-aeee.s 4-1ane expressway from I-494 to Delano Correct safety besmrds caused by inadequate vertical l esra at: ncRailroad bridge at Maple Plain Railroad Bridge .eat of Con. ty 25 near Nentro.e Luce Live :-efl Bridge near Lovg take Igr•wement Znee I -eve to Ceknia r •.aaeru.: improved 2-Iene with appropriately located pave fng lanes ( similar to T.B. 371) Eliminate bottlenecks sad impress traffic flew. Impromeat I... III Cekate to Litchf1.14 (a2)Reeone true' 0arwin to Coketo to improved 2-La. standards Determine feasibility-ef a eauu➢ity by-pur-after-eeaaul-- t.tioa with the City of Litchfield and chamber of Cooere. Igrwemwt Lae IT Litchfield to Willmar IyteewamL Zee. T Iillear to a.... Imgp. at Zeme TI S..... to Orteedll. P.cea.truct T.8 59 to the South 0aketa Borda.- to the .t..dvd of Benson to T.R. 59 COBSTBOCTIOB SCRIBULER Lproewent Loss 1 1-494 to Delta. Igreewwt zone 11 0ulses to Caknte R... rfinee/Reeeaditio keto to Montrone 1987 2,500,000. Igroewwt Iene III' Cekate to Litchr old Grade/surface Darwin to ➢aasell 1991 2.000,000 -- Grade/.urface ➢.... 11 to Cok.to 1991 _ 3.000.000. Reeevdition/inteueet a revb ieaa it Lit,:bfiold 1988 900,000. Igreewwt Lwm IT Litchfield t.- •�1L,.. Replace railroad bridge ..me At.., Igoe 1.200.000. R... rf... /Rece.ditiea Willmar to L,..a er 1989 2,200,000. Igroeemwt game • Yillaar to Baw R.... fac./y.c..41ti.. 2.2 miles thra Sill.ar 1987 800,000. Ig.eew.mt Ewa TI Be.. to Gotw1111. ������ 1 .4 Ae �po •� / f 1. so LORETT a O f n„,„!lOTICE y }ia i I �T� f. 'THIS MAP IS' INTOF7 "^ terr 1 ... U.,w�..KigpDs�� WE Ai:('. .r . W LeA! /W�h _ \ qpp iUIORE EHANUL Ln4e \ fA ^ J teYi O e WITHOi JICE.I.; RIT p Intllpn�nrc N�I Mmn 1 / H.n ...... 1 [NDEPESDENCE 7� \ MAPLE LAIR — - L' pr ue! K urns TM1m�. 1 ��% '1 7.e4e 'leYr i - --- - - - - - - -----\-r------------fs f■(1!"[( I \ _ ua n o \� "r.n. .lnO� ... \/,, w u�"L� f f' �__ •5 _ t — •e—M� 1 \Lo L..( •O tdf•QYr yl�i (� 13A ae (�A JT \1V /N/y `{✓// it LYndulec YA.pe ORONO RON t sn.ees 1 U BAY I =A, _ i IWAILA TA "A� NORTN. fAAXWFlI 4O Ttah 1 BROWNSIb_A}' .BA1" -_? ap HAi (11ARKS (J BA `., s I.: '3`—d` _. GRAYS —J BAIY OI 4 L�� M •l SSAYN I �rpori.„AN ,e - L !rf CRY57BAY ♦= q W\EST AR Y M71NHEBHATO CH_ J I: 1 -� •Y wtiL/.,f-- y-'fepp w .,- OiNKKE MINNETMOLN +r (r,AA�E £n! F TO: Mark Bernhardson, City Administrator F-79 9 1987 FROM: John R. Gerhadson, Public Works Director 0fY jF ORONO DATE: January 29, 1987 SUBJECT: Equipment Purchase - Public Works Utilities Currently the Public Works Utilities Department uses a semi stationary mounted crane hoist to lift pumps and motors out of lift stations if there is a need for repair or replacement of pumps or motors. The current crane hoist was fabricated in the 1960's and was mounted permanently to the vehicle in service at that time. When a pump or motor must be removed from the lift station the "tripod" section of the hoist must be mounted to the front of the vehicle. When replacement of the vehicle is necessary that part of the hoist must be adapted to the new vehicle, depending on the brand of the vehicle determines the amount of modifications necessary to adapt. Because of the costly change over and the fact that set up time is lengthy and cumbersome, purchase of a new hoist was budgeted for in the 1987 budget. I have received formal quotes from two companys as follows: Boyum Equipment Company $2614.00 Truck Utilities $2609.00 After reviewing specifications and cost it is my recommendation to purchase the crane 'aoist from Truck Utilities for an amount not to exceed $2609. TO: Mayor and City Council 1A FROM: Mark arnhardson, City Administrator'\ Forwarded recommending approval. PROPOSED MOTION - Moved by _, seconded by _, for the Council to approve purchase of the mobile crane hoist from Truck Utilities for $2,609.00, which is within the amount budgeted in 1987 for that purpose. Ayes _, Nays _ 2487.5 Z// U , ; .. ;MFETING TO: Mayor and City Counr 1 1-_D �1 FROM: Mark Bernhardson, City Administrato¢���'l�r OFORONO DATE: February 4, 1987 1 SUBJECT: Administrator's Information LAKE MINNETONKA - HENNEPIN PARKS REGIONAL PARKS PROPOSAL - Atsache prT—lease find a letter from David Latvaaffo_ Chairmanthe Hennepin Suburban Parks System which contains information relative to their consideration of a regional park on Lake Minnetonka. At the meeting referenced in the letter Diann Goetten, Barbara Peterson and myself were in attendance and did hear the presentation made by Hennepin Parks. Following that presentation they did vote to make a funding request to Metropolitan Council for a regional park on Lake Minnetonka. Metro Council would then, if they chose to do so, submit a request to the Legislature for the initial funding (approximately 7 to 8 million dollars) for acquisition of this property. The principal issues addressed in this project would be as follows! a. Regional Park - So•Ithwest Quacrant of the Lake - This woo e a parr -of approximately 209 to � ^res which nay abut their Carver County Reserve. This would have access either onto Harrison or Smithtown Bay (or both). In order to get funding it is anticipated that they would need 100 car public access. If this park were to go in, it is our understanding that DNR would then turn the property that they have on King's Point, over to the City of Minnetrista for their disposition. It has been indicated the initial acquisition cost would be in the range of 7 to 8 million dollars and additionally it is anticipated another 6 to 8 million would be involved in developmer.4 of the park. �. Big, Island - The second aspect of the 'Pack" would be the possibility of acquisition of the Big Island Board of Governors Camp for utilization primarily as a recreation site for non -boater access. Hennepin Parks at this time remains interested in acquisition in the property and In addition to acquiring such a property (which the Board of Governors has indicated they are now willinn to sell) the Hennepin Parks would be looking at a staging area at which the users of the Big Island Park would park and be ferried out to the island. It is estimated that they would need up to 250 car parking lot (approximarely 2 to 3 acres). Possible sites could include parcels of tax forfeited proms—ty in proximity to the lake, marinas or other privatr -rerty. Initial indications From Hennepin Parks are wa-yznta, Orono and Excelsior would be primary for such a staging area. This issue will be presented for you discussion at the February 23, 1987 Council meeting. ORONO LANE FEASIBILITY STUDY - This is to inform you that no f urtFie r rr ogiesa -Fos men made in relationship to the property owner and the rerouting across that p_operty of Orono Lane. No further action has been taken at this time. FACILITIES STUDY - In response to the City's request for p ,a 33 additional proposals have been receeved from archite- for time study. These will be evaluated and a presentation made at your Febraury 23, 1987 Council meeting. TRINITY CHURCH - BELLS - This past fall the Chief of Police had reed conplainis regarding the numerous times the bells are being rung by Trinity Church at the corner of North Brown Road and County Road 6. These complaints were received from a couple thr neighbors in the area. At the time the Chief of Police was able to develop a solution that was amenable to the parties and implemented by the Church. During the Christmas seasun however, the frequency of bells did increase and at least one of the complaining neighbors was out of town for approximately three weeks. Upon their return they indicated that while Christmas season may be an exception they felt that the Church had reverted to their original ringing schedule. the Chief has been in contact with the Church and is currently working to see if the previous resolution of the situation can be reimplemented. Absent re -'ving it for the neighbors, as noted in the attached letter, s will be forwarding this issue to you for further considerate. . GOVERNOR'S TAX PROPOSAL - Attached please find an article briefly outlining Tome oT—Me- impacts on municipalties regarding the Governor's tax proposal. The major thrust of the proposal is to take all the money that is currently targeted for homestead credit and local government aids together with selected other categories and that lump all of this together for property tax relief, ut targeted ,�s 'educational credits'. This effectively places the municipalities back on the property tax and other locally generated revenues. It substantially reduces the school's share and amount of money raised from the property tax. The interesting part of this proposal which does reduce the number of classifications of property from 65 down to 6 is that the City Cou. .1 is the one that determines which properties will get the benefit of the property tax relief, billed as educational credits, in their community. It is my present understanding that the City Counril ran reduce the taxes of any one classification of property by up to 254. Such a move would shift the clammer for property tax relief from the legislature hack to the 898 municipalities in the state. If eua.-ted the anti-ipated scenario could be that the meeting at which the Counci. decides which Claaaes 30L -he property tax relief would be the best attended Council meetings of the year. As there has not been overwhelming support at !his time from the majority party in the legislature the lobbying groups for the cities have not been actively in nppositirn to this proposal, but have only been studying the proposal. While the proposal does provide for greater local accountability buth in placing the municipal expenditures on the property tax together with making the decision where property tax relief is going to be a local decision, it does remove in large part of the local revenue source and places it at the State level for school districts while leaving the decisions for such spending to a large degree at the local school board level. ULRICH PROPERTY - The Fed?ral Trade Commission signed a consent e<T ciee write Ulrich which would unfreeze his assets as they relate to the construction of the housa: This was signed on January 16, 1987 and within the following week construction recommenced on the Ulrich property. The City continues to explore possible alternatives to deal with such structures and will present such recommendations to you at your March 23, 1987 ,aeetin, COUNTRYSIDE SLCOND ADDITION - As you nay recall. the Countryside Second Admit oon work h� not. been done on a timely manner by the developer and the City had indicated it would revoke the bond should the developer not enter into an agreement with the City to have the work completed in the spring. The developer failed to do such and the City currently has instructed its legal counsel to seek revocation of the bond together with ,bto ii.ing estimates and contractors to do the work once the bon. .vocation has been completed. CITY OF ORONO STATISTICAL UPDATE - Attached is the statistical information as of the end of the year 1986 indicating population, amount of new construction, market and assessed value together with the increases in expenditures, taxes etc. ADMINISTRATOR'S GOAL SETTING - Attached please find the monthly up ate or t e Ail-K—nistrat r s goal settir or January 1987. Pi PPIN Sabarban Hennepin Rplonol Park Dirrrlcr o So.n3" nymON�. MN 55N1 4Nnm., 111215" war Board or Con"WRRIM OwYIeFaNe Ch cea. �Ik. PWIMr w rmw. 1wIM 1. �Mwvm WYIen M. binbn MkbMlabN 0 m-Wb Gwp\NMkYoy nNl W!„ '.MnJ. xarMWW January 26, 1987 Mayor James Grabek 960 Forestview Lane Mound, MN 55391 Dear Mayor Grabek: I'm sorry you were unable to attend our reception on January 22. I'm writing to let you know our current position. The Hennepin Parks Board of Commissioners has decided to pursue the establishment of a major regional park on the southwest portion of Lake Mi-.netonka. At the Board mee' ,n January 22 we directed our staff to prepare a master ,. or, for such a park using the attached information as the basis for number of acres, types and capacity of recreation facilities, etc. After carefully analyzing all of the information received at the eight meetings held during November and considering all of the alternatives available to us, we are convinced that a regional park on Lake Minnetonka is neoded and supported. Our staff will complete their draft report and present it to the Board at its meeting on February 5. We expect to adopt a plan on February 19 and then forward it to the Lake Minnetonka Conservation District for review and to the Metropolitan Council for review and approval. At this juncture there is funding in the Governor's proposed budget to begin acquisition of this regional park. We will actively pursue funding to accomplish thi, very Important initiative. Should you wish additional information, pleasr contact Marty Jessen, Associate Superintendent for Hennepin Parks, 559-6746. If you would like to appear at either of the meetings on February 5th or "" h, we would welcome your continued interest and participation. Sincerely, David Latvaaho Chairman of the Board of Commissioners OL:nm enclosure January 22. 1987 HENNEPIN PARKS Planning for a Regional Park Entity on Lane Minnetor,Ka Preliminary Assessment by the Board of Commissioners BACKGROUND Over the last several months, Hennepin Parks has been conducting a planning process for a regional park entity on Lake Minnetonka. A series of eight public meetings was held. A four of the area was arranged and Park District staff has bsen analyzing var',ous issues related to this effort. At the January 8, 1987 Hennepin Parks Board of Commissioners Meeting, she Board reviewed eleven major issues analyzed by our staff. The following is our response to each of those issues and a quick summary as to why we took the position we have taken. I. HAS THE NEED AND COMMUNITY SUPPORT BEEN ADEOUATELY DEMONSTRATED? YES Studies as to need done by the Metropolitan Council and Hennepin Parks research staff indicate that a Lake Minnetonka Regional Park in the southwest part of the Lake would attract much use and would satisfy current deficiencies for recreation services. Generally, the public r -essed support during the series of eio' pub; meetings. There were some reservations as to the appropriate re , , or °or boats on the Lake, but generally people supported park acquisition Some City Councils have passed resolutions supporting a Regional Park. Acquisition of land for a park will satisfy the need for public access in Zcae 5 of Lake Minnetonka, thus resolving the longstanding issue between DNR and the City of Minnetrista. 2. IF SO, HOW MUCH LAND SHOULD BE ACQUIRED FOR A REGIONAL PARK IN THE C"ITuwrcT Bore nr Tur 1erc7 292 ACRES (with possible additional acquisition in the future) Acquisition of 292 acres provides for access to both Smithtown and Halsted's Bays, thus allowing for 100 car/trailer parking spaces to br provided, satisfying fully the need for additional access in Zone 5. Acquisition of 292 acres prov.ues for complete integration between Lake Minnetonka Regional Park and Ca•ver Park Reserve. Acquisition of 292 acres pro...es for additional land for future expansion of recreation facilities and adequate buffers from adjo'ning land uses and some natural resource management activities. The Board views the acquisition of the Blanch Parcel as desirable. Specifically, we wish to pursue with them the possibility of acquiring all or a portion of their :operty, now or in the future. -2- 3. HOW MANY BOA SHOULD BE LAUNCHED THROUGH THE PARK? 100 car/trailer parking spaces should be provided If 292 acres is acquired, the opportunity to satisfy all of the boat access needs for Zone 5 in Lake Minnetonka exists, with: access to both bays it can be One in a way that will minimize congestion and impact on the natural resource. 4. WHAT REGULATIONS O; LAKE USE SHOULD BE ENACTED BY THE LAKE MINNETONKA CONSERVATION DISTRICT? A study is needed LMCD has indicated gat they will seek funding for a major study as to appropriate regulations for the use of the Lake. Hennepin Parks supports the concept of LMCD's effort and stands ready to assist in any way appropriate. S. WHAT ARE THE RECREATION FACILITIES AND SERVICES THAT ARE NEEDED AND/OR DESIRED? 1. Boat access 2. Fishing 3. Picnicking 4. Swimming S. Cross -Country Skiing, Biking and Hiki., and other trail uses 6. Historical Center and Interpretation 7. Camping The above list is indicated in priority order based on previous analysis (Issue X1) of need and the opportunity to satisfy need on this site. Camping is limited to camping on Wawatasso Island using the Lake Minnetonka Regional the point to access the Lake and Island - not for camping within the f- 6. HOW CAN THIS AREA BE INTEGRATED WITH CARVER PARK RESERVE? Trails can be connected. Carver Park Reserve naturalists will provide programs. Maintenance services will be provided from Carver Park Reserve. Acquisition of the 292 acre alternative provines for extensive frontage along Highway 7 allowing for complete lntenration .:i the two park units. 7. WHAT CAN BE DONE TO ADDRESS MINNETRISTA'S CONCERNS R' WE TO Its OffIEHENSIVE PLAN AND LOSS OF AUNIPATED FUTURE TA, -,SE Land will be substituted within the MUSA line `or future develof t Tax equilivalency payments will t_ made .ounty Road 44 will be sealigne. Minnesota ONR should convey the Cings Point Road bite 'nnetrista Hennepin Parks will pay off all outstanding special assessmvo.: n cash at tl.c time of purchase - 3 - Minnetrista has estimated a potential future tax loss of $406,000. assuming full development :t the entire 382-acre search area. This is based on fairly intense develolpmer.t which is not likely to occur in the near future. The Metropo.� ..n Cour11 has indicated that they will substitute other land in Minnetr'. 'or future urban development for land taken as a result of regional i..rk acgcis:tion. ip :, :c :4 :0 a s• •s• Another r - . aurchase will be made Hennepin Parks has previously , purchase the land, and the Big Island Veteran's Camp Board of Governors s aeclined the offer. Hennepin Pars will again indicate its desire to acquire the property and continue to work ..th the City of Orono so that this land can be utilized for public recreational purposes. 1. Downtown Excelsior 2. Downtown Wayzata 3. An existing private marina The City of Orono suggested that Herl,:pin Parks con.ider a private marina as a staging area for a shuttle boat to La:.. people to Big Island Regional Park. Parking for 2u6 to 250 ca-b ,s eded at a staging ..-ea. It is unknown whether an existing marina would provide enoug' space to satisfy this capacity. Hennepin Parks will confer with the municipalities indicated in an attempt to provide an answer to this question. A staging area is not needed unless the Big Island Veteran's Camp can be acquired. Acquisition costs - $7 to $8 million dollars Assessments - $124.000 Park Development - $2 million dollars (first phase) Realignment on County Rnad ^4 - $5.70,000 (for grading, base wos and a grae eparated crossing) Relationshi, to Carver Park Res. 7350,000 (trail extension,. --a'n- tenance facility expansion, expansion of the Lake Auburn Campgr"nu and acquisition of land between the two park units, plus enhancement) Grade -separated crossing of Highway 7 '250,000 Phasing could be done in the following general categorie.! Phase 1 Land acquisition and special assessment- "Nas• 2 Basic park developm.:ct (including real! iment on County Rc-d 44) Phase 3 integration of Lakc ur:.a Regional Part and '.a r•c!: neserve. ;r r r :� . �, Hennepin Parks will report its final conclusions to the appropriate agencies in f^bruary for their review and action where necesslt— January 30, 1987 Dear Mr Bernhardsons I an enclosinD a copy of my letter to Chief Kilbo regarding the church belle at Trinity Lutheran Church. I would like to know if there is any o'tmr church in Orono that rings bells rwW times on Dwiday as well as price a day during the week. ig neighbrrs who is also bothered by the bells reported to me that when they were ringing at 15 minutes before the hours she contacted the church and was rudly spoken to. After that apparently the bells were silenced for a tine. It seems to me that we, as taxpayers, should have somet&Mdg to say regarding a nuisance such as this. I would like to investigate the possibity of an ordinance for all of Orono and, especially Trinity Lutheran for their bells. y seem to make their own rules and regulations and we the neiFtbors are force" to listen to what- ever they program on their bells. I would apprecigte any help you can giw me since the last conversation with Pastor Erickson seems to have done no good. Sincerely, G-[ ,.o Mary Phillips Box 520, Long Lake, Ma. 55356 January 30, 1987 Dear Chief Mbo, Regarding our convereation of January 28th, I want to review the church bell situation. After you and Jeanne Maybuth talked with pastor Erickson in the fall of 1986, the bells were eilenoedto some degree. I understood the agreement to be that the bells would ring Sunday mornings at 8230 and 10:45. Also they would ring daily at 12 noon. This would eliminate the early 8 AY and 8:15 Am bells as well as the IO:l5 and 10:30 Ah: as well as the 6 FM belle. Formerly they also rang at 12:30 Ri and 6:3o FM. These were dis- continued when I first complairef about the bells. Formerly on Sunday mornings we listened to the bells 6 times as well as 4 times in the afternoon. On weekdays the bells rang 4 times daily until the 12:30 and 6:30 bells were discontinued. This is a grave nuisance for some of us who live nearby and are forced to listen to those belle that often. Before Christmas the bells started to ring again at the ease time as before excepting the 8 AM and 10:15 AM bells. I was very upset but did not contact anyone because I felt it eight be a tampory situation because of the Christmas season. we left town December 23 and returned January 33. Upon our return we ware delighted to notice that the bells did not ring at all. Upon talking with a neighbor I learned that they had been ringing at 15 minutes before the noon and 6 FV hours and then stopped completely for a short time. Imagine my shock this peat Sunday when the bells started to ring agai.-. at 8:15, 8:30, 10:�, 10:45, 12 noon, and6 FM. I consider this an invasion of my privacy as well as my right to a quiet enviromnt as a taxpayer and resident of Crow. Is there a way that I can file a resolution with the city of Orono to quiet these bells? It seems that the church makes itte own rules and regulations about when and at what time these :ells can ring regardless of the feelings of the immediate neighbors. Thar: you for your considerat'-on and help in this matter. I really appreciate your consideration. Sincerely, Mary 1M311ps �'73 - S7- J w-I Week in review GOVERNOR PROPOSES ELIMINATION OF LGA AND PROPERTY TAX CREDITS On Tuesday, January 27, Governor Perpich unveiled a plan for a major overhaul of Minnesota's property tax system. The plan would abolish all property tax credits and local government aids and replace them with a single "Education Property Tax Credit" used solely to reduce school mill rates. While the state would assume a greater role in funding education, Perpich argued,that "correspondingly, the state will end its role in providing general purpose property tax aids and credits to municipal, county, and township governments." The purpose for his redirection of resources, in the governor's words, is to "make ... local services more dependent on local revenue sources and locally elected officials." For local governments, the proposal will "discourage excessive spending.... This plan will provide local governments mo.e freedom in making their own decisions regarding property taxes and in using a greater share of the property tax base," said Perpich. (� League comments In an editorial response featured in the St. Paul ioneer ress and Dispatch, LMC Executive Director Donald la er Comm ,ted on the proposal: "Under the Perpich proposal, the property tax would be the sole support for all local services, except education. This fundamental redirection of tax relief is ill-timed and misdirected. rirst, it will raise the property tax burdens for the very communities struggling for survival. Second, it will increase Minnesota's reliance on the property tax, a regressive tax not based on ability to pay. "Hard economic times have caused declines in the tax bases of half of all Minnesota cities. Our cities are quite different in their needs and capacities to deal with those needs. The guiding principles of the Minnesota Miracle have been to reduce our reliance on the property tax and provide property tax relief where it is most needed. Now is the time to improve upon, not abandon, those principles." This week the LMC Cities Bulletin summaries the governor's proposal. Future Issues of the Bulletin will provide more detailed staff analysis. Such analysis will include a computer run t indicating how ouch each city's mill rate would have to increase under this plan. W-Z SUMMARY OF GOVERNOR'S PROPOSAL • Abolition of aids and credits. The proposal would eliminate the following property tax relief programs: Program FY 1987 Expenditure -- Local Government Aid ........................... $311 million -- Homestead Credit ............................... 576 million -- Agricultural School Credit ..................... 123 million -- Enterprise Zone Credit ......................... 1 million -- Supplemental Taconite Credit and Reimbursement. 1 million -- Attached Machinery Aid ......................... 1 million -- wetlands Credit and Reimbursement .............. 700,000 -- Native Prairie Credit and Reimbursement........ 171,000 -- Agricultural Preserve Credit ................... 632,000 • New education property tax credit. The governor's plan would create a new education property tax credit by redirecting funds from the abolished aid and credit programs. This redirection of funds assumes that the local government aid appropriation would increase by only 2.5 percent in FY 1988 and would remain at that level in FY 1989. It also assumes abolishment of the enterprise zone and agricultural preserve credits. All property tax relief programs (including the property tax refund and renters credit program) would total $1.109 billion in FY 1989. This amount is down from the $1.209 billion funding level of FY 1987, representing a total out of $100 million, or eight percent, in property tax relief programs. In the future, the education credit would be subject to a direct appropriation, rather than receiving funding as an entitlement program (as the homestead and agricultural school credits are under current law). The state would use the education credit exclusively to reduce school property tax levies and not to reduce city, county, or township levies. On average, the new education credit would equal 37 mills statewide, dropping average school district mill rates from an average of 51 mills to 14 mills. According to preliminary LMC calculations, if the education credit proposal had been In effect in calendar 1986, cities would have had to raise their levies an average of 20 mills to make up for the loss of LGA and property tax credits. Some cities would have had to raise their mill rates more, others less. The exact mill rate increase would depend upon each clty's current reliance on LGA and credits. The pie charts on the next page illustrate how cities' share of net property tax levies would grow relative to school districts and other taxing jurisdictions. 6 W-3 I PROPERTY TAX REFORM Reducing SrinRl DLetr]Ct 5f 9 OF Nut Levies CI i1L5--4'.— IpN5--2tarms -lt t[IIILS--HtIRtSi ipx5-lt OIKR--SS CW LNT LAY MCOPME0 LAW TAX mFOeN Source: Minnesota Department of Revenue. IF New formula. In the first year of implementation (1988). the proposal would grandfather in all taxing jurisdictions --that is, the state would distribute the education credit in the same manner as all the current aids in calendar year 1987. However, in future years, a new distribution formula would take effect. The new formula would distribute half of all funds on a per capita Deals and half on a sales tax point -of -origin basis. This formula change will result in significant changes in the allocation of property tax relief funds among cities. In general, the losers under the formula are likely to be cities with lower populations and cities with lower -than -average commercial/retail sales activity. Whereas fiscal need and tax capacity are key elements in the current LOA formule, this proposed formula would ignore these factors and thus may not equalize tax base disparities. • Credit to aDDly to all�ro ert . The new education credit would apply to al'1 classes o prt operty, not just to homestead property (as with the homestead credit) and not just to farm property (as with the agricultural credit). The effect of this change would be to provide more relief to certain classes of property, particularly commercial/industrial property. WA + Limited local control over education credit. The plan also proposes that local o�ieials, after appropriate public hearings, may shift the credit between classes of property. Cities (and townships with city powers) with a population of 2,500 or more and counties for other non -municipal areas would have the option to vary the distribution of the credit between classes of property. However, the city or county could not reduce the amount of the credit by more than 25 percent for any class of property. This local control provision could compound the inequitable effects of the new formula far distributing education credit funds. Cities losing under the formula would be less likely to be able to attract new businesses and residents. Unfair competition among cities could result as they compete for commercial and residential development at the expense of neighboring cities. Levy limits. Under the proposal, the governor proposes to remove state levy limits from cities, counties, and townships, but not school districts. + Reduce number of property classes to five. The number of property classifications would decrease to five basic classes: -- Homestead: all owner -occupied homes, including agricultural homesteads -- rarmstead: owner -occupied farmland -- Rural land: farmland (non -owner -occupied), timber, and vacant outside municipalities -- Residential non -homestead: rented homes, apartments, and lake cabins -- Commercial, industrial and all other: commercial/industrial, utility, mineral, and railroad property (See classification tables and net tax table, pages w-5 through W-7.) refund program. The proposal would include an asset factor in determining refund benefit levels under the property tax refund program. The definition of income under this program would exclude those who use tax shalt--s to produce artificially low incomes. A refund would be triggers- only after property taxes equal a minimum or four percent of income and the refund would apply to only 50 percent of the property taxes exceeding the four percent level. W- PROPERTY TAX C I ASS IF 'CAT IONS This is how the proposed classed would compare with current law. Current Law Classe3 Proposed Classes Residential homestead I. Homestead Residential first $65,000 13% 20% of first $65,COO remainder 28% 60% on remainder Won -agricultural homestead of blind or disabled persons -- first $32,503 5% next $32,500 18% remainder 28% f,�ricultural. homestead 'lrst $65,000 14% .nainder 18% Agricultural homestead of blind or disabled persons -- first $32,500 5% next $32,500 14% over $65,000 28% 3d, Residential Non -homestead 4 or more units 34% 3dd, Residential Non -homestead less than three units 28% Seasonal Residential -Recreational, Non -Commercial 21% Title II, MHFA, and Section 8 Bldgs 20% Type I and II Apartments 5 stories or more 25% Neighborhood Real Estate Trust 20% Farmers Home Administration Ridge 10% ------- II. Non -Homestead Residenttal 60% w-b Agricultural, non -homestead 18% Timberland 18% Vacant land 40% Cabins and land (within an area 800' x 5001) 12% Seasonal, residential -recreational, commercial (used for commercial purposes 200 days or less per year) 21% Commercial and Industrial first $60,000 28% remainder 43% Unmined iron ore 50% Low-grade iron ore 30-48.5% (depending on quality) Employment property in Border City first $50,000 28% remainder 38.5% Employment property in Enterprise Zone -- first $50,00 20% remainder 21.1% Non-profit community service - oriented property (not used for commercial property) 21% Utility or pipeline company's fixed tools and machinery 33 1/3% III. Rural land 40% IV. Commercial and Industrial 75% in 1988 70% in 1989 ------------------------------------------------------------------- Agricultural land and buildings V. Family Farmland 20% (for purposes of homestead) Owner -occupied farm land NET TAXES BY PROPERTY TYPE NET TAXES AFTER STATE EDUCATION CREDIT AND UNDER FIVE CLASS SYSTEM STATEWIDE TOTAL CURRENT PROPOSED DIFFERENCE CLASSIFICATION (CURRENT) TAXES TAXES AMOUNT PrFCFNT ?ARM: HOMESTEAD $136,010,160 $122,470,723 ($13,539,437) —i0.00 NON —HOMESTEAD* $95,551,204 $108,552,040 $13,000,836 13.6% RURAL VACANT $5,161,730 $1,981,130 ($3,180,600) —61.61 TOTAL $236,723,094 $233,003,893 ($3,719,201) —1.61 SEASONAL RECREATIONAL RESIDENTIAL $60,376,764 $74,878,893 $14,502,129 24.01 RESIDENTIAL HOMESTEAD $732,288,125 $753,140,077 520,851,952 2.31 PESIDENTIAL NCN—HOMESTEAD $198,921,835 $191,308,963 ($7,612,872) —3.81 APARTMENTS $213,963,260 $192,047,723 ($21,915,537) —10.2% CITY VACANT LAND $46,910,500 $57,103,644 $10,193,144 21.71 COMMERCIAL $619,726,095 $610,641,985 G9,064,110) —1.31 INDUSTRIAL $238,824,309 $215,848,258 ($22,976,051) —9."1 SEASONAL RECREATIONAL COMMERCIAL $3,278,597 $3,040,327 ($238,270) —7.31 PUBLIC UTILITY $82,164,666 $105,081,323 $23,716,657 23.91 MINERAL $2,621,331 $2,652,397 $31,065 1.21 PERSONAL $95,434,597 $111,025,381 $15,591,284 15.31 RAILROAD $12,431,599 $9,092,862 ($3,338,737) —26.9t •IMCLUDES TIMBERLANDS Source: "Minnesota's Property Tax System" Minn SOta_,n�2aj­,nt_Lei. SE:u<:..v:. w-u GOVERNOR'S TAX PLAN CALLS FOR TAXING LOCAL GOVERNMENT PURCHASES The governor's tax proposal would apply the state's six percent sales tax to municipal purchases. Estimates show that this provision would cost local governments $9-1 million over the biennium. This sales tax increase is really a direct property tax Increase because cities will have to finance additional costs through property tax increases. MINIMUM WAGE INCREASE --LEAGUE SEEKS MEMBERSHIP INPUT The 1987 Legislature will be debating and voting on a bill to raise the state minimum wage from the current $3.35 per hour to $4.25 per hour for people 18 and older, and from the current $3,02 to $3.83 per hour for those under age 18. (LMC Cities Bulletin 2, p. S-2) The bill, S.F. 10 (Lantry, Frank, Kroening) has gone to the Employment Committee. Senator Florian Chmielewskl chairs that committee and has not yet scheduled the minimum wage bill for a hearing. The League hasn't adopted a position on the bill at this time, but the staff plans to bring the issue before the League Board at their February meeting. To help guide the board in making a decision on this bill, the League would like input from city officials to .find out if an increase in the minimum wage would have a substantial financial impact on cities, and whether the League should take a position on the bill. Please answer the questions below and send the form to Joel Jamnik, League of Minnesota Cities, 183 University Ave. E., St. Paul, MN 55101. Or, call the League office and talk to someone on the legislative staff, (612) 2.1.7-5600. Thanks for your help. LEAGUE OF MINNESOTA CITIES -- MINIMUM WAGE SURVEY 1. Raising the minimum wage would have a significant impact on my city 2. The League position on raising the minimum wage should be: Name of city _YES NO (check one) _SUPPORT _OPPOSE NO POSITION (check one) Dratted 11/95 Amended 2/86 CITY OP OPONO - STATISTICAL INIIIIX Amended 5/56 amended 9/96 Amended 2/97 . QDAL 8/30 PII TMION6 390D 1901 1983 1983 1984 1905 1986 (TTo) 3987 1988 198D 1990 2000 _........................_... ............ ...r.......... ........ ....rw..e_.r... .................... PepulatiOn n.v.r.d 4250 4340 1 3I00-3700 Onsevarmd 2570 2900 1 3850 Total 112/811 6820 6905 6947 7021 7159 7240 7310 17370 7440 7530 7600 8900- -PS00 Metro C.unuil $820 6020 7020 7173 i low TWO (4/1) No. of ...red 1450 1304 1 eeus.heldu On..vared 861 1020 1 1030 Total 2311 2341 2371 2413 1474 2S24 2570 1]W4 U49 2699 2744 3290 Metre Council Total .473 2676 1 2600 2700 Occupied 2291 2349 2462 2540 smpl.yeant/ Metre Ceunril 470 Soo 600 600 44/1) No. of Pae Prior, Bldg. 20 31 31 42 56 S9 40 1 40 43 50 45 SO/yr 1 We. (rave an. 20 30 30 42 55 54 39 (461 1 39 44 49 44 49 Residential i value $2.590 3.609 4.019 8.030 20.806 11.8 8 (9.1) 1 8 8.8 9.4 0.9 9.6/yr Millions) 1 Nee/Other N.. 0 1 1 0 t 5 1(0) 1 I 1 1 ltyt Ovalue - 0.31 0.15 - 0.03 0.I76 0.1 1 0.1 O.] 0.2 0.2 0.3 1 ML 11 S.n.l addition an. 436 216 110 219 396 3.9 2.5 U101 1 2.6 270 2.0 ]PO ]OOty3 Mdltluaa i vale. 1.4J8 L2l6 1.67 IA 6JPT 1.B 2.3 (5.31 I ].6 2.7 2.6 2.9 3 I Nl llluaal I AoosPer/yuar Payable Ire Wilt in 1983. Ste on 2985 value) �--� Parker velum -Actual 272.29 306.4T 343.9 357.9 389.13 385.78 402J1 Mill 393.40 1414.73 422 433.9 363.9 I 4at.wd Valme-Aetvallil 70.8 79.7 90.1 95.2 102.1 100.62 ICI.] 1 (Millie.)-3atlmeu 103.6 1 INA 10P.92 112.82 1466 budget 6.yeadltua.. I 6a.. Yet! 1.241 1.497 1.533 1.013 1/06 1.922 2.PST 3.3321 I CAeP 17 16.4 2.7 5.1 ... 9.3 17.9 2.4 Ceal.tive I Total 2.06 2.12 Actual 3 1.242 I1.M 1.405 1.632 1.7% 1.781 1 Meet 2.322 I tTae9e 22.5 12.6 0.5 l6 9.4 -0.3 16.9 2.6 1 CWl.tlar . Total 1.22 a." I community crwrn 13wreeu i b...A01d. .at. M9e 1.01 1.3 1.4 1 2 1.3 1.9 '.6 l.• 1.6 1.4 1.4 creet6 "Tien K&O Lace, Co.....I Prime Ind.. 11.06 14.9 2.6 2.1 4 1.5 0.• 1.5 3 t 4.5 cut, IMC-OPC) M .erelee Contract. 4.J 6.1 T 1.1 (CPS 1 P.e 'rt . 6r.eta s 4e caner act drwtAl 16.3 22.1 4 4.1 6 4.4 6.4 3.1 4.6 4.6 5.1 crmrtA vl roamer Conr n-ta 13 15.3 1.6 C.mut.tl.e 11.h 1.92 1.67 en 1.a11sr16 1.6 1 1.65 "onerGy I.. t.rr.... 1.P 10.4 1.9 1Od 11.1 -6.1 A. 11.31 CLnt."- Coven 1.63 1.81 I .Wtte I. In<.rT....nnanta 1.ndi.9 2.T O veat. Yu Mt -' a raven: run", 9.na lewla 6.T M .Pa", Tu r'. r.N. I.TT 111 leladee Pa. In. r.ama .Y rl... 1 n1.YrltY M]u.tamata I 6e T H oParr 3/28/86 5/H/86 CITY OF OIOt) 6/38/86 7/31/86 a80 8/31/86 9/3V86 f61IR e. 8f]8sllmd 1101/86 12/31/86 1/31/V c lw NM[NISIfMRF 5-i-86 W 6-38-83 '83 S.T.O. - I987 Strategic Play M Slvxt 'hrm CDja't ive MA tLY. M1ePA OB1RT[P6 OIM6 5'EG� �i ;nwy 12 .'urrtd•rr Caplet, St.Wy 6/15/86 3/16/86 neetiN to firsl1 e S.T.O. plan directim 3/i6/86 8eet.N vela - 8eyueat Se.ret/Alterrute site Plus fro. Played 9/3/86 - Plano ptesentw 6 altezwtiw site plays. Cmtinue to . a sere uy ty 11/38/86 - Next oeetiN s olal ll/X/86 - Meeting Mld staff directal to urt rta e m plan acre. m t u Icp/Adapt maa profits 7/38/86 t inAi_te"drugs cutup a tpuirw 12/31/66 iaplae Lion wimw 6/38/97 V13/83 Staff presents tiaetable to coa it 1l/38/% - B iaed Goal 6/38/87 1/38/87 [raft aerxment trarrlttw to P1 i, C®iw.on for 2/3/87 Neat irq '3varre Nnleaelc{menc Tentative gosls/a I1 otivw 11/30/86 a, S.T.O. Pl nning 0eviev 1/87 Adapt project direction 3/89 Wock or Cty 15 deve3apaent 9/89 6/16 met vim Navarre RW Decided to haw Cty 15/ Pedevelgzrcne Info Meeting in Sepcembet/octdcr U31 ava itinq Navarre group resp o 9/30 little interest for Cty 15/ redevelgment dis situ is area. 1/87 CNerter a ting to address issues for kid oft. 12/27 Article in Wayzata Meekly 2/18/07 Cln m et meet,, to discus Cty 15 - Navarre redevelopment 9/30 County 15 w k N ,in 1988 10/8 Cty m request 2 cl ngts at 11/19 C it meeting Pa11/1987 - Pine Place - Bide Spring/1980 - U/IV/W arouncillan W70/B6 � Council apprwM cMrtles Erwiry ntal Protection '81 S.T.O. Stobbe M, IieMa assess.-ent 5/86 m pte9ress 8/3 /31 ss progre 9oe/39 reeds assesscent SSa complete Project Feasibility 8/86 If Appropriate Project consideration 11/86 Project bid 11/86 C aac Project 4/87 Assess Project 8/87 Complete Project 11/87 Crystal J. ro plete project V86 5/39 Construction reCOm0lCed 6/25 Construction ctpleted 7/8 lnsspection List Prepared 9/17 Final inspection tout bead 18/27 CUP held on Lift Station 11/24 Carcil approve, lift station Ctp 12/39 Anticipate s k complete 5/87 1/39/87 l ievirq finsliM of project AIWR QW. AREA p AWt2MT� okw[R@![ Wanageeent Team G i Setting Corrcil r. ' settia3 Legislative Policy BICflV� �s Cnoplete appeals press 12,'86 :987 Wari nlaNstaft 11/86 /986 staff develgment 10-12/66 Strategic plan review 6-8/86 Policy body mientation 1/89 (dew ea tal.) pevelcp 1987 program 10/86 swrfuS 7/3 Appeal Arbitration Begins 7/28 Gadded Prcceedirgs 8/15 btdmit Brief 9/8 Ia:ceivetl 'Prelimi.ry Awed' 12/30 Appeals outs[ardirg - Art Center - Bcbie Waym 8/J1 reviewing 'F]ce.l.. is Local GwetrmerR' fcr format 12/30 - Tentatively set 1/30 Bo Progress 10/6 Ccmcil Strategic Planning 10/27 Presented draft materials for review 11/19 11/19 - Cwmil adopted - 1/12 staff presents timetable for snort roc+ objectives apprwal L112 Cwrcfl Adopts 12/30 Far, orientation eeetims teld 19/27 Presented to C rcil far review 11/10 11/16 Cwmil adopts ptagraa Legislative session 1/6/BI AREA (M AIW� �3anvds d1S s1A>� 8=,ss Stratery Pdamim i ioe 5/86 5/30 draft underway Pi.xal strategy 5/e6 5/30 draft undersey Golf Cmrae 6/86 5/30 draft uroervay B ildiiq and Zmirq 7/86 Utilities 8/86 Streets 8/86 P0.alinfa Study Study to Cascil 4/86 3/86 draft to Cmmil 81 S.T.O. Courcil directim 6/06 6/30 Cmtx. developin3 cmtp firereiM and site Worsatim - Anticipate to crumil 9/17 16/27 Requesting 3 vendors for apace stadyr W. 12/86 Requests for Proposal$ sent to 5 vendors due Eck 1/21 1/21/87 Rxeived proposals frm 3 vendors plus previously sutsittud me f. Wtoinr Capenvtic� Develop, Adopt 6/86 6/2 received prelimioary Ca"raole oath Cmparable Worth results need to refine. Oevelaptent a plan delayed to 8/86 8/7 6 8 Attended Crap Wa th Semi. 9/23 Atterdei stg m Cru, W¢th Oevelapsenr - Marker data integratim 12/6 Cou it adapts preliminary mjusrments Coserce impleasntatim 8/86 f C,p ,te cmni atim TNT.+ '87 Li3vor Store Bale Cicy DR.imsranr Report - paper 6/86 - Cable Tv 5/86 storm water 'Nre9a nt Plan C.. Lag Ra,,e Financial Policy oetermire Clurt/Carperation Define revised Use a Plannim3 Cvarssim Cmonity Transportation Plan _.. ;Ypartm'nt Nemis 5/B6 cravenced (3 articles published) 10/30 9 articles submitted 7n30 5 articles submitted 4/86 omenmd (6 scripts dame thru 1/31/87 Public Infammatim and Marketing memo to 2/9 Caneil 6/87 1/12 Draft Ordinance/ Timetable 1/30/87 0evised Ordinance. Metha3 aF Sale to 2/9 Camcil 2/87 No pragrese 1/29/07 Ninnelaba Watershed bah review of their draft plan 5/87 No progress 4/8I No progress S/87 No pro3rese 2/87 No progress F LIST OF LICENSES FOR COUNCIL APPROVAL FED 9 1987 FOR MEETING OF February 9, 1987 CITY OF ORONO Cigarette License: Crystal Bay Services 3398 North Shore Drive Jimmie I 3380 Shoreline Drive Keaveny's Navarre Drug 3425 Shoreline Drive Rick's Super Valu 3333 Shoreline Drive 4 Superette (Little Oak Market) 2160 Wayzata Blvd Martin's 66 3340 Shoreline Drive Navarre Amoco 3360 Shoreline Drive Navarre Lanes 3435 Shoreline Drive Orono Golf Course 265 Orono Orchard Road Orono Municipal Liquor Store' 3421 Shoreline Drive Spring Fill Center 725 County Road 6 • Wayzata Country Club 200 Wayzata Blvd ' Kennel License - Residential: George W. Ronald, 2480 Old Beach Road Irwin Jacobs, 1700 Shoreline Drive Shannon M. Brogan, 2240 Wayzata Blvd. Michael Pickard, 4607 Watertown Road Dixie Partington, 1905 Fagerr�ss Pt. Rd. Robert S. Waag, 4760 West Branch Road Septic System Installer - Jerry Johnson Exc. 2445 Morningside Road Long Lake, MN 55356 JAN - R 1987 KENNEL LICENSE APPLICATION Effective March 1, 198/ to February _, 1981, Owner: L,1194i /et��---•�--- Property Address: J••/,5 c• ll.�! /(lt—�--:,tom. iQ•e 5,3 e (include city and z p Mailing Address (if different) Phone: (home)-5;7/9c 7< (work) RESIDENTIAL Kernel License Information: 825.00/year (payment must accompany application) Maximum No. of dogs to be kept at one time: 9 (over 6 months of age) Principal Breed: .2u.'_." Purpose for more than 2 dogs: .a+(.,..... Dogs normally kept: ",4 inside _kennel structure COMMERCIAL Kennel License Information: $150/year (payment must accompany application) Name of Business: Business Activities: (example: boarding, breeding, veterinary care, retail, etc.) Normal Business Hours After Hours Contac'.; (name) _ (phone) Dog runs/exercise areas are: __inside _outside _both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form: the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersignnd hereby grants the City permisssion to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as part of any kennel license approval. 7�w � �e �.�.e //4/s7 App cent Date For Clt Use On Winne nspect l by Date Recommends Approval_Den a1_ Owner: 9 Property Address (include city KENNEL LICENSE APPLICATION ctive March!1, 1981 to February i� IAN _ 91987 1981 Mailing Address (if different): _ Phone: (home) '-03 - 27y (work) 3:'7 .Y-) 3i% RESIDENTIAL Kennel License Information: $25.00/year (payment must accompany application) L/ Maximum No. of dogs to be kept at one time:_'T (over 6 monthsofage) Principal Breed: r; C 4j4AA— L(%,Q„5.��.��-�'✓ � LBO Purpose for more than 2 dogs: Dogs normally kept: �% inside .kennel structure COMNERCIAL Kennel License Information: $150/year (payment must accompany application) Name of Business: Business Activities; (example: boarding, breeding, veterinary care, retail, eta.) Normal Business Hours: After Hours Contact: (name) (phone) Dog runs/exercise areas is ^inside outside _both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersignnd hereby grants the City permisasion to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as part of any kennel license approval. Applicant ------------------ ________ ata Tor Cit se On � enne niUN by 10 Do to Rocwssand■ Approval ) Denial__ I - .uw 2 s gar KENNEL LICY:NSE APPLICATION Effective March 1, 1.90_ to February _ _ --✓ Owner: Property Address: (include city and zip) n - /'G Mailing Address (if different): r Phone: (home) �� _ - - (wore:)_ - RESIDENTIAL Kennel License Information: $25.00/year (payment must accompany application) Maximum No. of doge to be kept at one time: •� (over 6 months of age) n i 0p Principal Breed: lei k, %4 L V , C'%: . /, =M" i cr r� Purpose for more than 2 dogs: ,< Dogs normally kept: _inside ke.nnel structure 1 COMMERCIAL Kennel License Information: $150/year V (payment must accompany application) Name of Business: Business Activities: (example: boarding, breeding, veterinary care, --retail, etc.) Normal Business Hours: After Hours Contact- (name) (phone) Dog runs/exercise areas are: _inside _outside _both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation: the undersigend hereby grants the City permisasion to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as part of any kennel license approval. ri _ Appl icant 1 ; ____ Date For Citv Use Only Ke'nneinspected by �Deta .i Reccearends Approval Denial_ ` A 2 I M .'I i'-: KENNEL LICENSE APPLICATION JUIctive March 1, 198_ to February _, 198_ mwnar2 m,r,,l n .i ll fY, IP, ., i�. 46'p Property Address: (include city and z Mailing Address (if different): - Phone: (home) tl?� -�Gul (work) 9}V-S-196 RESIDENTIAL Kennel License Information: $25.00/year (payment must accompany application) Maximum No. of dogs to be kept at one time: (over 6 months of age) Principal Breed: CN,ti FSF -S-'g'd Purpose £^r more than 2 dcgs: Z S'N�� iOPCAS',`.ual(y g'e Ef p// ,v�.r ..��. �- SN u�.•. •.•• ou(-oR ,nq l.aN Dogs normally kept: inside .�„eYsl�tr�}ptur� * GseD,en+c C ow !y( ��1 eu..d �yoFG aTJn TtN�9 COMMERCIAL. Kennel License Information: $150/year ie Na1S F. (payment must accompany application) Name of Business: Business Activities: (example: boarding, breedingt ueter n�, retail, etc.) Normal Business Hours: Aft,r Hours Contacts (name) (phone) Dog runs/exercise areas are: _inside _outside _both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigend hereby grants the City permisssion to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as part of any kennel license approval. Applicant Date _____ _ ---------- ____ !or Cit Dee Onl anne nepect by L i Date c. �`�/ Recoemends Approval_ Deni KENNEL LICENSE APPLICATION -t-� iEffective March 1, 198_ to February _, 198_ Owner: T �/ Property Address: ICj C.iS -{._)�a (include city and z p) Mailing Address (if different): Phone: (home) (work) RESIDENTIAL Kennel License Information: $25.00/year (payment must accompany application) Maximum No. of dogs to be kept at one time; (over 6 months of age) Principal Breed:_ a iitISIZE Purpose for more than 2 dogs: `L yl_ Dogs normally kept: inside _kennel structure COMMERCIAL Kennel License Information: $150/year (payment must accompany application) Name of Business: Business Activities: (example: boarding, breeding, veterinary care, retail, etc.) Normal Business Hours: After Hours Contact: (name) _ (phone) Dog runs/exercise areas are: -inside _outside _both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law cr regulation; the undersigend hereby grants th.: City permisssion to inspect the premises prior to license approvwl and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council part of any kennel license approval. Kenn�pecte�by\0�„(�,/,Cate Recoausends Approw.l114- Denial �y� �e12 9 KENNEL LICENSE APPLICATION )4A, i Effe:March 1, 1982 to February a'i, 19Bff Owner: / Property Address: 4eiKL' /,P, ✓�i�-�� �._ i,�rll�'/__ . (include city and zip Mailing Address (if different): Phone: (home) �%%J-'`/� c�- (work) RESIDENTIAL Kennel License Information: /Z 5.00/yearq�+t`S� (payment must accompany application) Maximum No. of dogs to be kept at one time: F (over 6 months of age) � Principal Breed: ��%/e, sI Purpose for more than 2 dogs: Ie A.Spy�-- -Z7�--e 47' arm �h Dogs normally kept: inside _kennel structure' ✓ COMMERCIAL Xennel License Information: $150/year (payment must accompany application) Name of Businei�s: Business Activities: (example: boarding, bieeding, veterinary care, reta�) Normal Business Hours: After Hours Contact: (name) (phone Dog runs/exercise areas are: ___inside _outside _both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this forms the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigend hereby grants the City permisssion to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as part of any kenne license approval. 1�— Date For City Use On, Ke—.n�—inspecte by 1 Date g2 — g7 Recommends Approval Den 1_ IIiy" ON GlRQ9NO ,11IN nuy, NIN1. Itl'�n111Sf.R /O\L\i, _ J)] ]5) ASSIStiIN SEPTIC I:Y57^,;?i INSTALLERS LICENSE APPLICATION All questions must be answered. License fee, bond, certificate of insurance, and evidence of MPCA Certification or Home Sewage Treatment Workshop attendance must accompany this application. All applications are subject to a ten (10) day approval period. 1. Business or trade name _-T - 2. Business address ��;� ��r - , „!• f,-j /.., %., -� '�I 3. Business hone i.7r P ,_ �.� Residence phone 4. Name of applicant or company representative holding MPCA certification :•; ,,1 ,i/.y r-i S. Type of certification held: yy�staller _ Pumper Site evaluator System designer Is this a Provisional Certificate? — Certificate No.= 6. If no Certificate is held, provide evidence of attendance at one of the On -Site Sewage Treatment Workshops held immediatel; prior to the current construction season. 7. Have you ever held a Septic System Installer license in Orono before?� Most recent year •�' G 8. Have you ever had a license revoked? oW When? Where? _ 4. Do you do Municipal Sewer hook-ups? Yea—Z No SUBMITTALS REQUIRED: ✓ 1. $25.00 license application fee. 2. $2000.00 license and permit bond naming City of Orono as obligee. The State Plumbers Bond will not be accepted. C 3. $10-50-100,000 minimum Certificate of Insurance. 6. Copy of current MPCA Certificate or evidence of attendance at On -Site Sewage Treatment Workshop held immediately prior to current construction season. LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED. List persons other than applicant who are authorized by you to apply for permits under your license The undersigned hereby makes application to the City of Orono, Minnesota, for license to install and repair septic systems, and/or pump out septic tanks, subject to the laws of the State of Minnesota and the Ordinances 0 the Cit, of Orono. —_ Date a`�/�� Applicants S gnature / CITY Staff recommendation Approval DeniAl Date 2 -f!- S% USE Reason for denials ONLY City Council Action Date Approved Denied Date license mailed CITY OF DRONQ P A Y .2 • --� Y-- T_ D * - -. _ EMPL-NO NAME � V� GROSS GROSS EXP/ALLO GOETTEN [],I 11 483.34 241.67 GPAPEK J 11 600.00 300.00 PETERSON BA 11 483.34 241.67 S I ME JR WJ 11 483.34 241.67 COUNT GRAND 11025.01 PAID 00004 TOTAL 00004 TOTAL TOTAL FICA TAX GROSS m .00 EMPLDYER S FIC A - GROUP HEALTH B - PHYSICIANR'S HEALTH PLAN C = BLUE CROSS/BLUE SHIELD C = MEDICAL CENTER PLAN E = PRUDENTIAL F C30#?D HEALTH CARE y = MINNESOTA HMO H TRANc--AMERI CA 4CC . I BANKERS LIFE J MUTUAL SERVICES k - MUTUAL OF OMAHA L w EMPLOYEE'S BENEFIT M = AETNA �1 - MICOLLET EITEL O a LEAGUE OF CITIES Z - HEALTH CARE MAINT ACCT. M I c.c I NG Ho'.,P CODE FOR SOME EMPL' S (/3 CITY OF DRONO P A Y R O L L R E G I S T E R CYCLE 9001 E,IP[,-NO Y-T-D • - - - - - - - - - - - - - - - ` CURRENT PAY DATA NAME Dl'' G*08S CROSS EKP.,ALLOU FIT SIT FICA H03P CD/AMT CARN ANDEPSBN BL 31 F692.09 1273 55 116 56 71.63 B 30.49 BERNHARDSO HE :2 3638 40 1919 FO 22T 21 106 02 130.07 0 908Z1EN $A 31 1651 06 844 90 106 32 49 59 60 41 A 11 03 BOSMA JL 12 674 F9 321 36 22 98 a 25 04 BRINKHAUS JF 42 2489.S3 1E73.14 177 57 87.e2 91 03 0 13 1a BUR►fASTER FP 90 363.53 166.3c BURMASTER VD 31 6? 02 0,00 0 CARLSON UJ 92 Z536 03 leIG 3E 119 33 65 40 B 2� 04 CHES4ICK GB 31 2749 42 1376.72 Ila 79 73.00 B es 04 CORNICK Jl� 3f 2080.71 1049.27 85 61 52.85 0 30 49 EHRENBERG DL 90 065.7S 415.30 ■4.47 1S.80 29 70 B EKLISH II IN 31 2063.46 1075.S7 45.39 44 28 B 30.49 ERICKSON DJ 93 0 00 0,00 ERICKSON KR 31 2741 41 1376.72 275 23 94 34 FINK tJ 90 36a SO 19S.00 11 83 1,19 FRITZLER JM 31 2773 15 1444 90 e71 60 9T.E3 0 GAFFRON VIP 33 2248 22 11E9 04 157.70 71.83 80 73 GERHARDSON Jlt 42 3106.03 1Ss9 93 234.1E 111.P3 11'.53 B P5 04 GREGORY JD 42 E123 04 1095 63 46.65 37 14 76 34 B 25 C4 HALLIN D11 IZ 1916 87 ,2 64 123 E7 59.67 68 E3 B HANSEN SC 42 ISS4 42 941 28 57 95 40 03 66 59 0 13 10 FIANSING C3 31 799 47 412 OR 43 94 15 54 29.46 9 25 04 HENS€L M91 31 1612 05 993.73 141.86 60 E9 8 FIICUS PA 90 1027-61 455-SO 40.00 !7.35 32 5T B 25 04 JACOBS TJ 33 PES3.85 S129.04 168.90 72.70 93 35 A JOHNSON SP 31 t445.79 1230.42 E28-18 02.36 5 KILBO MH 31 3167.54 1590 72 190.EO 100.39 8 25 04 KIRNTCIUK M 31 E531 57 12g5 90 226.66 81.99 11 KNUTSON CA 15 1576.77 791 64 83.66 316.03 S6.68 b KIJEHN TM 15 3037 08 1525.20 121.44 114.71 109.OS B 25 04 MABUSTP JA 33 2630.66 1321.E0 131.06 90.93 94.47 B E� 04 MANUEL Cn 90 0-00 0.00 MCGOUAM LR 90 2103 04 1091 52 46.55 52.05 9 2S 04 MIKELSON RA 15 1350 OE 692.32 6.09 19.34 49 50 0 MORAN MF 31 1958.24 987.89 120.9a SE 48 D +8 63 MOROWCZYNS J 31 9460.08 1210.85 118.87 69 07 A 116 46 MROSS FT 61 1596.92 801.44 70.64 35 86 57 30 4 P5 0' NAAB TL 12 1483.26 744-108 91.92 35 46 53.26 B ZS 04 OAS DO 93 0.00 0-00 OMAN LE 33 1759 14 893.44 89.95 47 S7 63 +7 U 13.18 PETERSON PL 12 890 51 471.09 52.49 19 33 33.68 8 25.04 PETERSON RU 53 0.00 0.00 P€TRAN JC 33 56.00 0.00 UUAST UA 92 2179.74 1204.81 139 69 7's 79 66 14 B SASS JJ 42 1924.eS 1041.13 117.85 60-S4 71 re B cS C4 SKREEN OS 42 18S7.S7 934 42 86.33 49 33 66 81 B 25 r,t SLIGO SR 93 0 co 0 00 SMITH JR 9e 2135.26 984.40 93.52 53.70 70 38 G 1; +• STEFFEkHAC RE 93 2073.94 1041.52 S.65 58 69 74 47 A ' C7 STEVENS BG 93 4.00 0.0t THIES BR 00 487-SO 195 00 f0.66 2.76 13 54 PERIOD ENDTMG 01-25-07 PAGE r - - - - - - - - - - - - - - • DEGCTRB DEF IMP MET 714 to 340 s9 25.00 346 63 991 47 8S 10 sat 45 18T as as 49 53 63 a50 $1 2 Al 16] 9S 0 00 0 Q0 lea 71 75 00 8et 04 117 64 BO 00 96t 2s 99 34 780 96 la k2 308 79 06 05 669 36 9 00 0 00 .17 34 600-61 2 03 177.15 11s 59 94#.40 147 S6 40 00 631 as 6a 39 1015.44 43.63 COO 00 664 63 43 01 667 66 67 as 40 00 446.ts 16 46 tat 47 79 40 TIE 041 r1 19 15 04 C96 3S 646 16 1SS 93 9a 43 629 5l �37 36 s0 00 1087 73 90 D7 019 16 100 47 100-00 4!5 04 65 51 E6C.00 729 4S SE as 936.11S 0 00 0 66 10! Be SS 00 730 96 P9 21 S A 8 is i5 1S 694 65 100 47 905 96 37 S 1 50 40 SE4 79 54 00 4a4 46 0 00 r1 00 3S.34 634.23 PO 12 380.43 0 00 0 00 0 00 � - to 4f. 19 50 00 607 60 4D 05 666 OT 37 30 669 53 ,, eo 0 130 43 63 709.99 11.66 050.on o as 0 90 7 60 151-04 L CITY OF ORONO P A Y 00 L L A E G 1 5 T E R CYCLE 0401 Y-T-D • - - - - - - - - - - - - - - - - CURRENT PAY DATA EMPL-W NAME DIV CROSS GROSS EXP/ALL4V FI] SIT FItA HODP CDiAMT GAifM THOMTOH MR 31 1664 ES $33 66 08.74 42 66 D TomckECK LF 31 17E6 v4 a1d 3� 915.68 45 93 0 30.49 10MCZYK MW 71 ?SAS ►3 1231 17 13E 63 T3 47 A 16.48 LL•i1NT GRAND 45,290 20 S,11$.91 1,785 96 PAID 00046 TOTAL vOO54 TOTAL 2,544.03 640 97 TOTAL FICA TAX GROSS • 24,941.65 EMFLOY€RS FICA CONTRIBUTION - 1.783,33 A - GROVP HEALT14 55.02 B - PHYSICIAN'S HEALTH PLAN SeE 60 C - BRAE CROSS/BLUE SHIELD D - MEDICAL CENTER PLAN E - PP.UDENTIAL F ■ COORD. HEALTH CARE G - "INN gOTA HMO H - TRANS-AMERICA OCr. I - BANK£4S LIFE - HUTVAL SERVICES K - MUTUAL OF OMAHA L - EMPLOYEE'S PENEFIT M - AETNA N - NICOLLET EITEL 0 - LEAGUE OF CITIES 2 - HEALTH CARE TIAINT A:CT MISSING HOSP CODE FOR SDME EMPL'S 71 35 PCHIOD ENDING 07-P5-67 PAGE 3 - - - - - - - - - - - - - - - - • DEOCTN■ DLP CAP NET 66 69 435.75 77.34 ¢67 s; 196 49 son 1f 1,H61.61 4,449 44 119,347 46 1907 CIT7 Of ORONO CHECK RECISTER 01-31-07 PACE CHECK HO DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV E P 0 0 MESSAGE MC7963 02/03/87 360 60 FIRST DAM LAKES FICA TO 1e-31-86 01-2632-000-0t `ANNUAL MC7963 02/03/87 10.50 FINST SAM LAKES FICA 1/1 TO 1/11 01-1112-9CO-11 NANUAL MC7963 02/03/87 I75 15 FIRST DAM LAKES FICA III TO 1111 61-4141-031-It MAMMAL MC7963 08/03/07 2 2A FIRST SANK LAKES FICA III TO 1111 01-1102-440-I3 MANUAL MC7963 OE/03/87 4.91 FIRST DAM LAKES FICA III TO 1/11 01-AIAt-OSl-1♦ MANUAL MC7963 OE/03/87 131. 00 FIRST DARK LAKES FICA 1/1 TO 1111 01-11Q-0{1-1! nAAAAL MC7963 Oe/03/07 26.66 FIRST SANK LAKES FICA 1/1 TO 1/11 R1-4142-091-17 MNIILL MCT963 OE/03/87 11.07 FIRST MMl LAKES FICA 1/1 TO 1/I1 el-01Q-110-31 MANUAL MC7963 02/03/87 58.0 FIRST DAMN LAKES FICA 1/1 TO 1111 01d112-111-31 M4NLL MC7963 02/03/87 13.16 FIRST SAMI LAKES FICA III TO 1/11 E1-11AS-121-31 ANNUAL MC7963 CE/03/87 E61.69 FIRST DANK LAKES FICA III TO 4/11 01-4141!-170-33 MA1011NL MC7963 02/03/07 239.85 FIRST DRINK LAKES FICA 1/1 TO 1/11 01-4142-941-4E `ANNUAL NC7963 02/03/81 30.37 FIR6T SAMK LANES FICA 1/1 TO 1/11 01-0102-990-41 `fAH11AL MC7963 02/03/91 e6.T0 FIRST SAMI LAKES FICA TO 1e-31-06 TI-COM-086-00 ANNUAL NC7963 02/43/87 79. 76 FIRST DANK LAKES FICA 1/1 TO 1/1• 71-114e-SIS-90 IlAl11lAL MC7963 02/03/07 27.12 FIRST DARK LAKES FICA TO It-31-P6 19-20X-006-00 NAWUAL MC7963 OE/03/07 57.33 FIRST SANK LAKES FICA 1/1 TO 1111 lt-414[-S49-11 `ANNUAL MC7963 Oe/03/87 37.03 FIRST SANIK LAKES FICA TO 12-31-86 73-EOM-000-00 `ANNUAL MC7963 02/03/97 100. 58 FIRST DARK LAKES FICA 1/1 TO 1/11 73-41SE-SN-92 FINANCIAL MC7963 02/03,87 E4.27 FIRST SARI LAKES FICA TO 1e-T-86 79-t0SE-000-00 HANNA. MC7963 OE103/87 100. 18 FIRST DAM LAKES FICA 1/1 TO 1/11 79-4112-1510-93 MANUAL 1,618,64 HC7964 O2/03/81 788.15 PUBLIC EARL NET ASSN PENA TO 12/31/04 01-t031-000-00 1MNU4 MC7964 02/03/07 50.17 PUBLIC EML NET ASSN 'ERA 1/1 TO 1/11 01-4141-039-12 1444M14 MC7964 OZ103/87 1.33 PUSL IC E`APL MET ASSN PERA 1/1 TO 1/11 91-4I41-010-13 `tAWAL HCT964 OE/03/87 2.9t PUKIC EMPL NET ASSN PENA 1/1 TO 1/11 01-4101-OS9-14 KAWUAL HC7961 02/03/87 81 AA PUBLIC EMPL MET ASSN PERA 1/1 TO 1/11 01-6141-069-15 NUUAL HC7964 02/03/87 I5.85 PUBLIC ENPL SET ASSN PENA 1/1 TO 1/11 81-41,61-099-17 MM1114 HC7964 02/03/87 959.56 PUKIC EMPL MET ASSN PENA 1/1 TO 1/11 Ot-AU1-111-31 ANNUAL HC7964 02/03/67 31. 65 PUKIC ER1L MET AS" PERA 1/1 TO 1/lt 01-9141-115-31 MAUAL MC7964 02/03/87 210. AS PUBLIC ENPL NET AS" PENA 1/1 TO 1/11 01-4101-121-31 `ANNUAL HC7964 02/03/07 340.01 PUKIC EML MET ASSN PEPA 1/1 TO 1/11 01-4101-1e{-31 NISSAN. HC7964 08,03/67 155. 06 PUBLIC EML SET ASSN PENA 1/1 TO 1/11 01-1101-1'N-33 MANUAL HCT964 OE103187 118.58 PUKIC EARL NET ASSN PERA 1/1 TO 1/I1 01-1141-t99-4e MAMWLL NC96A OE/03/87 19.1!4 PUKIC EM11. NET ASSN PERA 1/1 TO 1111 01-6141-290-61 KANUAL HC7964 02/03/87 08.19 PUBLIC SMI. RET ASSN PERA TO 12/31/06 71-e031-040-09 MANUAL MCT964 Oe/03/87 12t.56 PUBLIC EVIL SET ASSN PERA 1/1 TO 1111 71-9141-SIS-90 MAMMAL MC7964 Oe/03/e7 31.18 PUKIC EML MY "" PERA TO le/31/06 7e-2031-000-00 MAMMAL HC7964 02/03/87 03. 09 PUBLIC E11PL NET ASSN PENA 1/1 TO 1/11 72-9t4i-549-91 fl M NC7964 02/03/87 01.33 PUBLIC EMPL NET ASSN PERA TO It/31/86 73-2031-000-00 MARSHAL HCT964 OE103/87 I1e.15 PUBLIC EARL WET ASSN PERA 1/1 TO 1/11 73-4141-569-91 1ANMAAL HC7964 02/03/8T I4.43 PUBLIC EML WET ARM PENA TO 1e/31/86 74-t031-000-00 MANUAL HC7964 02/03/87 S9. ES PUKIC E`APL NET AS" PENA 1/1 TO 1/11 11-4101-590-93 MAWAL 3,350.04 A MC7965 OE/03/97 T4.26 TELEDYNE RAINY AUTO 01-4311-219-12 MANUAL 79.21 A MC7966 02/03/87 e0.00 COLDER VALLE - MEETING 01d356-Ie1-31 MANUAL 21.00 A MCT967 02/01/87 4,343. DO- ED PHILL IPS LIQUOR PLISCMSE 71-44110-51A-95 NUAMM. MC7967 O2/03/87 434.80 ED PHILLIPS LIQUOR PURCHASE 71-4416-511-99 MUNIIIIAL MC7967 02/03/B7 4,343.00 ED PHILLIPS LIQUOR PURCHASE 71-4016-511-95 M141U1L 1987 CITY OF OSHPPO CHECK NO DATE NCT967 0e103/89 NCT96T 0e103/8T NCT96T 02/03/87 MCT968 0e/03/67 NCT68 OG103187 HC7969 0e/03/07 NC1969 0e/03/81 MC7970 02/03/87 MC7970 Oe/03/81 NCTITO Oe/03/8T MCTITC Oe103/07 HCT9T1 02/03/87 MC7171 02/03/87 HC791e 0Z/03/97 H09T2 Ot/03/87 HC717e Oe/03/e7 HC7973 Oe/03/87 MCT9T3 Oe/0316T MC7973 Ot/03187 MC7173 Oe/03187 MCT973 Ot103/8T MC7973 OE/03/81 MCT9T3 oe/03167 HC191`3 0E103187 HCT9T3 Oe/03/87 HC7173 Oe/03187 HC7973 oe/O3/87 MC7973 Oe/03/07 NCTS73 02/03/87 HCT973 Oe/0318T MCT1T3 Oe/03/07 MCT971 02/03/87 HC7970 02/03/87 MCT:11 0e/o3/8T A.CJNT 6. TO- 110.8! 3.01- 61e.•t . 485.48 4.SS- A00.63 63.ss 1.6T- 81.66 11436.00 ef.be- lse.es I.{o- 1,574 TT 53.18 53- se.65 1.TTl. tO 35.e3- 1e.•0- 1.T1T.50 . e1T, e0 {.IL 3.36 ace. To I6.e9 14. 311! 61.6T I I.eT 3Te. TS no 6T 64.9e 61.45 5L 19 19f.tl to.w 1.817.32 83.90 a, 63 06 - TIB.A3 TIB A3 . CHECK REGISTER VENDOR ITEM DESCRIPTION ED PNILLIPS LIQUOR DISCOUNT ED PNILLIPS WINE PURCHASE ED PNILLIPS WINE DISCOUNT J"SON BROS WINE PURCHASE JONN80N BAOB VINE DISCOUNT ED PNILLIPS LIQUOR PURCMABE ED PNILLIPS LIQUOR DISCOUKI QUALITY VINE LIQUOR PURCHASE DUALITY VIDE LIQUOR DI3CO1JN1 DUALITY VIDE VINE PURCHASE DUALITY VINE VINE DISCOUNT JOHNSON BR0S VINE PURCHASE JOHHSOH BROS VINE DISCOUNT EAGLE DIST LIQUOR PURCHASE EAGLE DIST LIQUOR DISCOUNT EAGLE DIST NIX PURCHASE FIRST BANK LANES FICA 1/te TO 1/e5 FIRST $A.. LANES FICA 111E TO 1/es FIRST BARK LAKES FICA 1112 TO I/eS FIRST SANK LAKES ♦S" 1/1E TO 1/CJ FIRST BANK LANES FICA 1/It TO 11" FIRST BANK LANES PICA 1/IL TO 1/es FIRST SANK LAKES FICA 111E TO 1/ES FIRST DARK LAKES FICA 1/IE TO Iles FIRST SANK LAKES FICA I11t TO Iles FIRST DAM LAKES FICA 1/It TO Iles FIRST BANK LAKES FICA 1/I! TO 1/es FIRST SANK LAKES PIC9 111E TO I/es FIRST BANK LAKES FICA 1/to TO 11" FIRST BANK LAKES FICA I/le TO I/CS FIRST BANK LAKES PICA 111E TO 11" INTER CONTINENT VIDE PURCMASE INTER CONTINENT VIM[ DISCOUNT OLAI HAMBON ADOPT REFUND 01-31-87 .If P ACCOUNT AD 1" 0 P 0 • NE'a.GE T1-NI1 i1O-1i AMUAL ll-NII-SIA-Of MANUAL H-NI)-f11-1S n.xvµ 11-N1titA-1S nA.Vµ 11-NI)-i1J-Of PAPUAL 71-441"11-OS PAWAL TI-461t-S14-IS M.MIAL T1-4016-114-911 MANUAL T1-N11-E14-915 A.UAL 71-I611-t11-911 n.NWAL TI-Nla-f l9-n MAANI I 7I-4111/-S14-95 wANUµ 71-0013-514-n MANUAL 11-4416-S19-ff MANUAL 11-4811-t14­f! MNWK TI-46l6-S14-9! .Y AL 01-61•e-630-1e N.Wµ O1-.IN-010-1) MANUAL 01-4I441-059-14 R11MlRL 01-41111-969-19 HAWK 01-.IN-611-IT AAKUµ 01-91w-I11-31 NAWAL 01-I14t-Ilf-31 PAAAJK 01-It4ff-I!'-31 MANUAL 01-414IS-17r33 WNAL 01-4I62-N9-44! MAWµ 61-4I w-tf6-61 1111MIAL 7I-11411-f12-00 PRAMUAL TE-II40-549-91 MAWµ TYR1 N-iH-9! MAWAL 1MIt N-H0-9] MAWµ ll-NIL-SIO-9S RAWµ Tt-NIl-f 19-9i NAM/AL ...-CR6 4S-4869-184-06 MwWµ ..•-CN6 195i Cin Ol ORONO CHECK RE613TER e[-11-s+ 1.9E 1 CMEC. 'IQ DATE RNOV., VENDOR ITEM DESCRIPTION ACCOUNT NO [MY • P 0 • ME SSRSE 040006 02104/87 119.13 ACPO-MINMESOTA INC OFFICE SUPPLIES 01-4E10-019-IE 0..0.. 02/0./Sl III. eS ACRO-MINIXSOTA INC OFFICE SUPPLIES 01-Af10-0]1-1[ 0.0006 OE/0./al 45 [5 ACRO-MINNESOTA INC OFFICE SUPPLIES 01-A[10-031-H 0.0.06 Oelo./9+ 32 2+ ACRO-MIMNESOTA INC OFFICE SUPPLIES 11-A[10-O N-IS R.000e aC10.187 Sa. Co ACRO-MINNCavu INC OFFICE SUPPLIED e1-Aal-011-Is 040006 o[/04/67 as S. ACRO-m NNUOTA INC OFFICE SUPPLIED el-Ano-1a1-JI 0.0006 OE/0./aT 66 60 ACRO-NIN ROTA INC OFFICE SUPPLIC! 01-lll hl[1-)1 0....6 OC/0./8T 50. as ACRO-lI 301A INC OFFICE SUPPLIER 01-4[10-III-3) 0.0000 OL/OV aT TO IC ACRO-MlN SOTA INC OFFICE 01-4[10-IT.-33 040006 OE10.087 31 08 ACRO-MINIESOTA INC OFFICE SUPPLIED 0.0006 OC/0./al )C ES ACRO-MINNCSOTA INC OFFICE SUPPLIES 01-4[.O-NI-4[ 0.0.06 0[/04/al 1 al ACRO-MINNESOTA INC OFFICE SUPPLIES 7I-AEIO-SIS-10 674 06 040010 Oelo..al 1+ as ATET TWO SYSTEM MAINT OFFICE EQUIP 01-4340-031-le 0.0010 01i0./OT IT [D ATET INTO STSTCM MAINT OFFICC EQUIP 01-AJAO-OS1-1. 0...1. 0[/O./aT I+.ED AT&T IWO SYSTEM SAINT OFFICE EQUIP 01-43.0-061-IS a.0010 OC/04/Ol C). 50 ATIT INFO SYSTEM MAIMT OFFICE EQUIP 0I-4340-ICI-31 waalo oL/o4/e1 IT [e RTIT INFO SYSTEM MAINE OFFICE EQUI, 01-4340-114-33 0.0010 oe10.18T 11,28 AT&T INFO elaTEM MAINT OFFICE EQUIP 01-4340-E49-4! 101 10 O.00eO 02/04/8+ 30,000. 00 AMERICAN NAIL SAND BONDS DUE 3/1/aT 44-I610-907-04 *.Ooze 02/04/07 14,46[. 50 AMERICAN NAIL BANK TNT DUE 3/1/87 44-46EO-107-00 0.0000 OE/0.!al 65. 00 AMERICAN NAIL MNR ASSAY FEE 311/87 ..-4630-90+-00 e..sel. 50 . •...• ...-CMS 0.0030 OE/0./81 10. 65 AT & T INFO SYSTEM TELEPINDW 01-43E0-ITS-3. 10 as l ...... ....CMS 040039 02/04/87 20.37 EARL F INVERSION ASSC SMUT MAINT 01-4[33-941-4E _ 20.37 . ...... ....ENS l 0.00.2 02/04/e+ 39.50 APLUND COFFEE MEETINQ EXPENSES 01-4342-0ES-11 0400.2 02/04/D7 3f. ASILUMO COFFEE MCCTINC fXEXPENSES01--R]B[-ITJ-)] 71.90 . 040043 02/04/87 50.50 ARMOR LOCK MAINT OFFICE EQUIP 01-4310-06S-1S S0.SO 040064 OE/04/87 4.79 BLITZ ONE M FOTO OFFICE SUPPLIES 01-4E10-174-33 ♦.l9 E C 1981 CITY OF ORONO CHECK "SISTER OE-81-01 ..GE E CNECR NO OATS APOVNT VEMOOR ITEM DESCRIPTION ACCOUNT NO INV 0 1 0 0 NESBAK 0.0000 02/04/81 IOT 00 BROONLYx PRINTING OFFICE SUPPLIES O1-4E10-IH-31 107 00 - DADA •u -CR{ • ••042 02/04/e7 195 39 COPY DVP PR INC OFFICE SUPPLIES 01-•E10-IH-]1 0.01.2 0E1041BI 11 ST COPY OUF PR INC OFFICE SUPPLIES 0IdHO-1 V-3J E46 96 . ...... .... CRS 040145 02/04/97 41.56 CORNICN/LAMES TRAVEL 01-4161-1e9-31 11 56 - E. ...•.. ...-CXt 040199 08104/87 3.767. 00 ROLF E ERICXSON ASSESMT KEV JAN 01-.307-059-14 F 3,767. 00 . E 0.0223 02/01/e7 89.so FIx0xCf { EOMIIER CE IEHIODI G•.e 01-•H0-1L1-]1 a9.59so e - 0.0217 02104167 L5. 00 GAFFRON/MINE MEETINGS 01-43SG-174-33 04024T 02/04/87 35.46 SAFFRON/MIME MILEAGE 01-.181-17.-33 60..6 • • 0.02T2 02/U4/87 117.00 G 0 M SERVICES CLOTHING 01-4Eel-949-42 O.0ET2 0219.107 IO.H G 0 N SERVICES STREET MINT 01-4233-N1-4E 040272 02/04/0T 43.E0 G • S SERVICES MIME SLDG 01-4343-011-1T • O.OETE OE104187 67.10 G 6 N SERVICES MAINT KING 0I-.JiJ-1H-ll O4OET2 OE/04187 91.70 G I N SERVICES CLOTHING T2-12E1-SM-91 O40072 OE/04/0T •..5. C I N SERVICES CLOTHING T3-4221-561-92 • 0402T2 02,04/e7 10.40 G I R SERVICES CLOTHING 74-.E21-510-93 JCe. TE ...... ...-CXE 040289 02/04/87 94.00 HAPPY THE DIST MIX PUIICHA{E 71-2040-000-00 9..00 ...... ...-Ce6 040294 OE/04/67 40.00 M[MH CTY CMI A{ MEMRIIOHIP{ 01-43{0-1210-]1 •0.00 • A• 0.0291 02/04/87 100.00 MEAN CTY CHIEFS PTAC SCMYCLS 01-4JH-I21-0I 1167 CET♦ OF OROND CHECK REGISTER 0e-09-41T PIGE I CHECK NO DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV 0 P 0 0 N[l6AGE ISO 00 . O.OJO) 0e/01/e7 1)6.e) MENN COUNTY TREAS PRINTING 0.-132e-es". 04010) 0210.187 0)0.00 NENM COUNTY TREAS PRINTING pl-U[C-IH-J1 040301 0e/04/b7 11,64,16 E. COUNTY TREAS JAIL CNARSEE' 01-.35E-O60-IE e F06...5 . 010330 0e/01/67 TT. 3e ICNA RETRMNT CORP IC'. ,It f0 v[5 01-41.0-031-1L TT.3[ r 040350 Oe/04/07 30,00 INTL INST-MUNI CLCS NENSER3.111 01-4360-03)-iL 30,00 f 040404 OE/04/67 JO.e! TIRE LAZIER PUBLISHING 01-.32E-11.-33 01o113. Oe/0./07 43,M THERE "MR AVW.TIlI.G 11-0[1-515-10 73.53 . ...... ..•_CNE [ 040437 OE/04/eT ee.50 CITY OF LONG LAKE .TM OTR WATER 01-EEe4-000-00 0.0.37 OL/0./bl I.3TI.X CITY OF LONG LANE JAN L FED RENT 040437 0210416T 4F41113.E5 CITY OF LONG LAKE .TN OTM WATER lE-[C[.-00p-Op E 5.677.0T . 00431 0e/64187 167.41 FNTRACTOR LONG L. OD FAINT MISC EQUIP A 01-.[-[I-.[ q 0403) ee/N/61 3EI.T3 LONG LF FORD TRACTOR FAINT MISC EQUIP 01-131[-e)O-61 L 040439 oe/OveT 354.37 LONG LN FORD iRARM FAINT FISC EQUIP 74-4342-5)0-13 so.s 040111 Oe/01/e7 Ie.TS LONG LANE TIRE MAINT AUTO EQUIP 01 -.3U-E90-61 Ie. TS ...... ....CPS • 0104IS6 Oe/04/47 11.S3 PIA BVSTH-JEAMW TRAVEL 01-4381-VI4-33 10.53 . • Moo ...-CNB 040100 Oe/01/eT TS.15 NIN0IEGADCO UTILITIES 01-13t1-1e9-31 0144006 0e/MAT 3e11.16 NTMl0 w UTILITIe! Te-13L1-S4)-)T 010105 0tI01/0T IT n.33 NINIK om UTTLITIe! 71-Ix4-96)-)e Itt.O. . 1987 CTn OF ORONO CHECK REGISTER Be-01-0T ..If CNECM NO DATE AMOUNT VENOM ITEM DESCRIPTION ACCOUNT NO !NV 0 P 0 • NES9.G0 ' 0.0513 02/04,61 350 00 MN POL RECRIMIT SYS OTHER COMSVLTIMG O1-4106-1H-11 01051] O[/01/el ]E0. 00 AN AM RECRNIIT SYS MEMBERSHIPS 01-I3410-I[9-)1 610 00 r r C O.OS•5 0210.18, l0e 0i NAVARRE AUTO REPAIR MAIN' AUTO EQUIP 7t-1341-549-91 0.0545 Oe/04/37 16[. le NAVARRE AUTO REPAIR MAIN' ..TO EOVII T)-•Nl-St1-1[ CTO IT r • «...r ur-CM0 • 0.0552 02/04/07 15. 05 TERI NAAB MILEAGE 01-4Xl-O]9-I[ 0.0552 Qe104191 111 61 TERI ARAB MILEAGE 9IJ14I-174-]] .e.Te • •.r.•• .• -cMB • 0.0559 02/0.187 297 ee NIP UTILITIES 01-4x4-095-11 0.0551 0[/o.1e) I's es N5. UTILITIES 01-43C41-In-31 0•oss9 oe/o. /e) e{. 9I ASP UTILITIES OIrX•-[.9-•e • 0.OSSl OB/e•/BT •0.]1 NSP UTILITIES el-1x•-N9-Q 0.os5! 0210.167 5.15 n51 UTILITIES 01-•x.-E99-61 0.0559 0tl o./pT IO.eo NIP UTILITIES 01-4x•-eve-61 • o1os59 Ov o1/eT BE0. 11 N!P STRQT LIGHTING 01-.xs-[•9-•e 0.0559 02/o1/e) 5e6 se ns, UTILITIES 71-4164-569-99 o•oss9 02104187 101. A5 .51 UTILITIES 1]-•x•-569-9e • 010559 OE/01/al 61.20 NSP UTILITIES 70-4311M1590-93 e,lee.s] • •••••• ...-GR9 040568 OE/04/p7 5•. 9] NORTHWESTERN BELL TELEPHONE el-.Xe-1]9-It Q 040568 cc, a, H.H MORTMUESTERN BELL TELEPHONE 01-431!9-0119-14 0.0560 OL/0//e1 e).46 NORTHWESTERN BELL TELEPHONE 01-43t9-069-IS 0.056e 02/0•/pT IC6.51 NORTHWESTERN BELL TELEPHONE 01-4XO-le9-31 '.G 010568 02/0aBT 5•. 93 MORTNWEITERN BELL TELEPHONE 01-434-IH-]] 0.0568 OL/0•/B1 {O.SO MORTMWEITERN BELL TELEPHONE 01-I310-I TS-H 010560 O8104/87 H.9] NORTHWESTERN BELL TELEPHONE OT JeO-eN-.e • 0.056p 02/0•. 'T 10. 95 MORTMWEBTERN BELL TELEPHONE 7e-4320-549-91 010568 C2/0./p: 16..T MMTHWEpTERN pELL TELEPHONE 1]-Ix0-H1-Ot 0.0568 Oe/0•/8i e].TT NORTMWEBTERM BELL TELEPHONE )1-ge0i90-S] • 0t0568 02/0•/el 104 s1 NORTHWESTERN BELL ADVERTISING 74-4323-590-93 6.9.90 . .-pIS O.OSIN 02/0•/ST 7S.006.00 POSHEST BANK "PILE NA BOM08 DUE ]!✓87 •]-NH-906-00 • OW511 OE/01/87 30.168. TS NORWEST BARN MPL! MA IMT DUE 3!1/61 43-441O-966-00 040511 OE/04187 45.00 MORWEIT BARK MPLS MA AGENT FEE ]/1/e) 43-4630-906-01 - IOS,EI]. IS r ITS- 1111 or Ol"o 'C. NO C'nle O.osaz 0E/04/81 ! 040597 0e/04/87 o.oslt ere•/et OC/Of/et ...asS" at Oe/04/e1 a. .511 Oe/o..e1 040511 OC/04/e1 0451 OC:04/e1 04051T 0v04/e1 4.0511 Oz/04/e1 oC/o.I.T .4.111 OR.11T oe"./eT O.asst Oe/0./al It o.eS1T ., Oe/o./al a4051t Oe/04/01 E 040597 ee/wrn 04,617 Oe/0./et • 0406E7 0e/04/e7 0406E• OL/04/OT • O.00LI OL/O./O� 0406ET Oe/Of/el 0406n oe/0♦/et • 0.065H OC/04/87 • o4at4o oe/o./ST 040841 oe/04/e7 Sons oe/414167 CHECK REGISTER AMOUNT VCICO011 ITEM DESCRIPTION ET as 91011/LYL[ MILEAGE RT as 61 6e PUBLIC awl. NET ABU [ERA I/Ia TO 1/ES ].N PUBLIC EMIL MET ASSN PENA Ile TO 1/N C.SI PUBLIC CMPL ACT ASSN I". 1/IC TO 1/N lee .la PUBLIC awl. NET ASSN PENA "It 10 I/N 1 as PUBLIC CARL ART ASSN PNRA "It TO vas 11264.36 PUBLIC INIRL ART All. If.. the To Iles 53.4E PUBLIC ESL ART ASSN PENA 111E To lies SEE n4 'US"C [SL ART ASSN PENA "It TO vn SOa.03 PUBLIC ESL MET ASSN lee. IIle To 11" CEO.01 PUBLIC ESL MET ASSN PENA Ila TO 11" .IS 71 PUNL C ESL "I ASSN PENA Inc TO IlN 38.51 PUBLIC EML NET ASSN PER. Ifle TO 1Its Iss.n PUBLIC !SL SET ASSN PENA IfIt 10 1/es 1s. rE PUBLIC awl. MET AS" rd. 1n[ r0 Iles 163.41 PUBLIC RSL ACT ASSN PIRA "It TO tin 54.0E PUBLIC EAL "1 .33. PENA 1/le TO Iles 3,34r. tl S e3.50 PHOTO FACTORY tJ.50 . a. so elT.Ft DO." FA eo ITI.CT .ONE, C•.e0 rll.el ... I5 a. Co .n.eY eaves CA Be 11"le, ...E1 I2..Oo . .CCOUNT NO INf • [ 0 [ Nt[LC[ H-•301-941-.t 01-Q f\-r]f-It rl-•NI-HI-1) at-.1.1-Nf-I• sl-uu-nr-n ol-u•1-RN-n e1-41•I-n 1-al Or-no-nf-n Q1-uu-In-n OI-u41-¢r-v 01-•1.1-[•l-•[ n-nn-nr-r1 T1-.141-s1s-14 Te-•1 a -s•1-n n-uu-srf-ft TJ-U.1-)f0-11 OFFICE SUPPLIES 01-.e10-1E1-31 N\INT OFFICE EQUIP 01-4340-031-1[ ..INT Oulu awl, 01-4340-9151-14 MINT OPrICt awl, 01-.NO-BN-I! .HINT OFFICE [Bu1P "At. OFFICE EQUIP 01-431f-e4s-.e BI 00 R , INOENTIFICATIONS FERI EQUIP 01-4221-1E9-31 a 00 se so DON STREICHER CONS so s0 195 If WATER PRODUCT! CO 11s .38 PER501NL EQUIP 01-4[[1-1[f-li UTILITY MINT IUPPL 1e-4[3.-S4l-fl 11.5. WRIGHT 11[NY ELECTRIC UYILITIES 01-439.-9.1-4t .... CFO ...-CMS INT CITY OF OR♦YO CN[CR Iq DATE NH61 OIr N/fT • 6.61 •e ez.am f 640b. Rlo.iM H•16s 02104197 666166 62104197 6.690T 61164/0T 142100 oE,2419T HIfN M104167 1.0910 otro.nT CHECK REGISTER A0DABIT VENOM ITEM. DESCRIPTION 11 S• . .. ET BUSINESS ESSENTIALS OFFICE aUIPLIES •• ST BS 6E MARHETPLACE LABELS STORE SUPPLIES 23 At . 110e3 TS SENIOR CMN GERVIC_S DONATIONS 1 023 75 . a BT v111ING SAFETY MOD TRAINING SUPPLIES .1 ET . 250 00 STATE OF HIN MIA MAINT NISC EQUIP 240 0. . IS? •- DYNAMO EQUIP ACCESSORIES 1S, .0 . 50. 00 MEMNEPI ![CH MATTER SCHOOLS 50 al, . 166. Is All OIL INC HEATING OIL 166 a IS 00 M.ILLER REFUND DOG LIC IS 00 . 17,256 21 FUND 01 TOTAL CBHERµ FUND 199.EIl TS FUND .3 TOTAL 1100 BPEC ASSESSMENT FM 64.521 Sa FUND 46 TOTAL I'M NEC ASSESSMENT FUN 36` FUMO TI TOTAL LIGAMIN MERATIMi FUND i UNQ TB TOTAL LAMER OPERATING FUND I.120 06 FUND l) TOTAL SEWN OPERATING FUND 934 N FUND 76 TOTAL GOLF COURSE OPERATING 10 19.,336 90 10TIL 02-09-87 PAGE 6 AUMPIT NO. ENV. 0 P.O. 0 MESSAGE ' 7I-9t10-S15-90 11-4E3o-SIS-90 i .o-[NB 01-6385-100-21 1 NI-rt61-129-3I 3 61-436t-129-31 BI-.EIt-1 E9-]I 01-47S6-lEf-31 T4-63E4-690-93 01-3130-000-00 ....us I �3 ORONO FEBRUARY 6, 1987 THIS IS A CORRECTED PRELIST FOR ITEM 043. PLEASE DISGARD THE #43 WITH PAY PERIOD END 1-11-87 ON THE TOP OF THE PAGE SENT IN PACK THURSDAY FEBRUARY E, 1987. SORRY FOR THE ERROR..... CITY OF ORONfi EMPL-NO NAME P A Y R J II- _ `r Y-T-D 4 - - - - - DIV GROSS GROSS ESOP/ALLOU ANDER SON EEL. 31 141 Cz. 54 1418.S4 $EkNHARDSO ME 12 1819.20 1819.20 V08ZI Eta 4A 31 838.16 838.16 BOSMA JL 12 352.52 352.92 BRINK14AUS JF 42 1216.39 1216.39 DURMASTER RP 90 197.21 1'97.21 E+L.RMASTER WD 31 0.60 0.00 CARLSON Wi 92 1319.71 1319.71 CHESWICK GD 31 1372.70 137L.70 CORNICK JL 31 1031.44 i031.44 EHRENETRG DL `J0 550.37 550.37 ENGLISH II iH 31 987.69 967.89 ERICKSON DJ 93 0.00 0.00 ERIC1,SON KR 31 i364.69 1364.69 FINK C.I 90 167.50 167.SO FRITZLER JM 31 1328.ZS 1328.25 GAFFRON MP 33 1119.18 1119.18 GERHARDSON JR 42 1546.20 1546.20 GREGORY JD 42 1028.21 1028.21 HALLIN DM 12 '954,23 954.23 HANSEN SC 42 923'2.3 4 9E3,14 HANSING CJ 31 387.45 387.45 HENSER. MM 31 818.32 Est S. 22 HIGUS PA 90 572.11 ST2.11 JACOBS T,J 33 1124.81 1184.61 JOHNSON E3P 31 1215.37 1215.37 KILB0 MH 31 1576.82 1576.82 KIRNYCZUK M 31 1305.67 1305 J7 KNUTSON CA 15 784 93 784.93 VUE}'N TM 15 1511.88 1591 .8b MA$USTH JA 33 1309.66 1309.66 MANUEL CM 90 0.00 0.00 MCGOWAN LR 90 1051.52 1051.52 MIKELSON RA 15 657.70 657.70 MORAN MF 31 970.35 970.35 PIGROWCZYNS J 31 1249.23 1249.23 tIROSS FT 61 795.48 795.48 NAAB TL 12 738.38 738.38 OAS DO 93 0.00 0.00 OMAN LE 33 875.70 875.70 PETERSON FL 12 4f9.42 41 9.42 PETERSON RW 43 E.00 0.00 PETRAN is 33 55 00 56.00 QUAST WA 92 974.93 974.93 SASS JJ 42 923.15 923.15 SKREEN i?S 42 923.15 923. 15 SLIGO SR 93 0.00 0.00 SMITH JR 92 1150.86 1150.66 STEFFENHAG RE 93 1032.48 1032.42 STEVENS BG 93 0.00 0.00 THIES 6R 90 292.50 292.50 CITY OF 0P0l,JO P A Y R Y-T-D - - - - EMPL-NO NAME DIV GROSS GROSS EXP/ALLOU THOMTON HR 31 830,59 830.59 TOMCHECK LF 31 907.82 907.82 TOMCZYK MW 31 1316.96 1316.94 COUNT GRAND 45,309_11 S PAID 00047 TOTAL 00054 TOTAL TOTAL. FICA TAX GROSS - 24,822.53 EMPLOYERS FICA A - GROUP HEALTH 8 = PHYSICIAN'S HEALTH PLAN C - BLUE CROSS/BLUE SHIL.D 0 - MEDICAL CENTER PLAN E - PRUDENTIAL F = COORD. HEALTH CARE G - MINNESOTA HMO H - TRANS-AMERICA OCC_ I - BANKERS LIFE .I - MUTUAL SERVICES K - MUTUAL OF OMAHA L = EMPLOYEE'S BENEFIT M - AETNA N - NICOLLET EITEL 0 - LEAGUE OF CITIES Z - HEALTH CARE MAINT ACCr. MISSING HOSP CODE FOR 60ME EM 'S CITY OF ORONO P A Y k � Ea��c..,.-.r t..<<, �r Y-T-D * - - - - - - - EMP'L-NO flAP1F DIV GROSS GROSS EXP/ALLOS. ADAMS T it 0.00 0.00 BUTLER me I 0.00 0.00 CALLAHAN FJ 11 0.00 0.00 FRAHM T 11 0.00 0.00 GOETTEN DJ 11 241 . G7 E41 . G7 GRABEK J 11 300.00 300.00 PETERSON SA 11 241.67 241.67 STME JR IJJ 11 241.67 c^41.67 COUNT GRAND 1,026.01 PAID 00004 TOTAL 00008 TOTAL TOTAL FICA TAX GROSS - .00 EMPLOYERS FICA A CROUP HEALTH B PHYSICIAN'S HEALTH PLAN C BLUE CROSS/i�LUE SHIELD D MEDICAL CENTE't PLAN E PRUDENTIAL F COORD. HEALTH CARE G MINNESOTA HMO H TRANS--AMER I CA OCC . I - BANKERS LIFE J = MUTUAL SERVICES K w MUTUAL OF OMAHA L - EMPLOYEE'S BENEFIT M - AETNA N = NICOLLFT EITEL O 4 LEAGUE OF CITIES I a HEALTH CARE MAINT ACCT. MISSING HOSP COPS FOR SOME EMPL'S 1986 C:TY OF ORCND CNECII REGISTER 0I-16-07 EACE 1 CHECF NO DATE A MIUNT mwboa ITEM OESCRIPTIOM ACCOUNT NO IM • P 0 • MttYGE 367031 0t/eE/BT S.92 AT .. T COIIM TELEPHONE 01-4310-ITS-I4 5-92 ]6T06. 03/22/al 21.50 R t ONE OI POTO nfF ICE SUPPLIER Ol-atb-IH-31 367064 01/22/ST al'so SL1:Z ME NO POTO OFFICE SUPPLIER 01-MIO-I29-31 .].00 867065 01/22/Ar 38.00 BLACYOUI AY A SONS BLOC MINT Tl-qq-f1G-A 3e.oa 36T E. 01/22/01 a 00 COCA COLA VENDING EWIP RE.f\ TI-4311-51f-90 36T12. olle2/AT L85 t5 COCA COLA VENOIMC WE PIIIIG 11-.820-514-95 E9T. iS •....• ....CY6 3671ee 01/22/87 91.40 CONCEPT MICROFILM ol-bER-1NOI e1..0 .....• u._CYS G 36715o 01122/e7 11 00 CULLIGAN MINT ROu 01-4343-099-17 36T150 01/E2/OT 2 25 CULLIGAN MINT SLOG 74-4343-590-93 R 25 f. 367163 01/22/87 11531.55 DAY DISTRIWTING CO MEIN POIICHAM 71-4015-5I4-9S 367163 01/22/87 is So- DAY DISTRIBUTING CO SOTTLE RETIRE" T1-4SI6-S11-9S L 1,513.SS 6 a 367187 01/22/ e,s.e.15 EAST SLOE OE K EU11 CMf[ TI-U11.-9f ]6718] 01/22/87 BT 3.E0 EAST RIDE B[VERACE RO Born[ RETURN ll-48I"G-S14-9f a 2.ss.35 . ...... ..•-uE c 3672ES 01,92/87 438.75 FIRST TRUST CO INC AGENT In it" 45-4436-960-60 .3•.T5 • ...... •..-GEE • 36T23] 01/22/97 e10.s0 FEW STARR MLC PtlRCMSE 7I-441E9-514-95 e1O.S0 3674216 01,22/87 68.21 SENIIIM PMTS CO MINT EWIP BI-OY-Eq-Q • 367256 Ov2e/87 6.98 GEWINE PARTS CO MINT EWIP 61 M396H0-61 L 1986 CITY OF DRINK) CHECK REGISTER 01-26-81 P.6E e CHECK NO DATE AMOONT VENDOR ITEM DESCRIPTION ACCOUNT NO INv • P 0 S nEss.1t ]3 19 . ... u. •..-CF$ 367JOB 01/tt/Bl 16. 11 NENN CTT SMERI!F OPT JAIL CHARGES 01-.351-080-16 96 31 . ...... ...-CNs 3673TI 01122/87 46 50 JIM CO GIST MISC PURCHASE 71-4820-51.-95 .6 50 - ...-CK$ 367361 01,22/87 83 63 K S N RENTALS UTILITIES 7I-43e4-SIS-90 63 .3 . J6TtO. 01/22/E7 Is.. 36 THE LAKER PUBLISHING 01-43Be-020-I1 154.36 . J•o... 6T.35 01122,87 206J7 LOCIS/SUITE 320 LOGIS ACHIN DEC 01-435e-661-15 367.35 01,22/67 53.59 LOGIS/SUtTE MO LOGIS ACHIM DEC 01-435t-121-11 367e3S 01/ee/sT 136.89 LOGIB/SUITE 3L0 DATA PROD DEC 01-43SS-069-15 367435 011E2/07 339.08 LOG3s/SUITE 320 DATA PROD DEC 01-43SS-1e1-31 36T435 Ol/e2/87 63.03 LOGIS/SUITE MO LOGIS AGAIN DEC 79-8352-541-11 367435 ovee/BT 1.11 LOGIB/SUITE MO DATA PROD DEC 19-.355-541-91 367435 Ol/tt/8T 14.S3 LOCIs/SUITE MO LOGIS ADn1N DEC 73-431UP-569-)t _ 367.35 9112216? 13.67 LOGIO/SUITE 3C0 DATA PROD DEC 73-6355-561-91! I.T9...1 ...-CNB uu.. J6T.58 01/22/87 9.6M.72 CITY OF MAPLE PLAIN FIRE SERVICES 01-6316-131-32 v 9.6M. ITS . ...-CAS O ...... 36746D 01/22,87 t.M6.95 MARK VII DIET BEER PURCHASE 71-015-511-19 367460 01122/6T T5.$*- NARK VII DIET BOTTLE P�TURN TY4516-5I4-15 O L.2.$.IS . ...-CNs C .•.... 367462 Cl/t2/87 99S.93 MARTINS NAVARRE 66 MAINT AUTO 01-4361-129-31 995.53 . ...-CXG ou.. C 3674es Ol/te/BT 46.72 NFL$ OXYGEN GO MAINT MISC EQUIP 01-4342-Ie1-31 s$.M . C ...-.GRS s 1986 CITY OF ORONO CHECK REGISTER 01-Q6-BT PAGE I CHECK NO DATE .MOUNT VENDOP ITS" DESCRIPTION ACCOUNT NO INV R P.0 0 MESSAGE 367490 01/22/67 587 89 MI NNEGASCO UTILITIES 51-4324-OY9-17 587 89 ...... .... CR8 Q 367550 01/e2/87 35. 00 NELSON DELIVERY LIQUOR PUNCH 71-4810-514-95 3t7-50 01/22/BT 129.00 NELSON DELIVERY VINE PUNCH TI-.BIE-St.-IS 16. 00 v •....• .... CNB 7 36TSS9 01/22/87 222.71 NSP UTILITIES 71-4324-SIS-90 367559 01/22/BT Ise IT NSP UTILITIES 73d3E.-Se1-9E 3T< BB . ]6 T 597 01/22/87 5.00 PUBLIC EMPL REI ASSN PENA POLICE 61-4141-IEI-31 - 5.00 . _ ...... .... CRB 367602 01/22/Bl 11136.70 PAPER CALMENSON 0 CO EQUIP PARTS 01-4ale-249-4e _ 1.136. TO . 36T611 01122/87 162. 75 PEPSI COLA/?UP BTLG MIX PURCHASE 7I-.Be0-514-95 162. 75 . ....CK9 a 36T62. 01/22/57 2,254 20 POGREBA DIST INC BEER PURCHASE 7I-I8IS-SN-95 367624 01/22/87 106.So- POGREBA DIST INC BOTTLE RETURN 71-4816-514-IS 367624 01/22/07 33.19 POGRESA DIST INC MIK PURCHASE 7I-4620-514-15 0 2.IB1.]0 ...... .. -as a 367687 01/22/87 22.34 ST PAVL BOOR OFFICE SUPPLIES 01-42.0-129-J1 22,34 r 367688 01/22/87 166.00 PARK NICOLLET OTHER CONSULT 01-4306-129-31 166. 00 . ...... ..--CIS B 36TT16 01/22.'87 150.00 DEPT/PUBLIC SAFETY NTH QUARTER 01-4E14-129-3f 150.00 . J ...... ...-CK6 367752 01/22/87 47.37 SUBURBAN TIRE INC MAINT AUTO 01-4341-129-31 .T.3T . C. 1986 CITY OF MONO CMECR NO DATE f ]6T1T6 O1/22/ST 367776 01/EE/67 J61171 01122187 ]6TBJ5 01/22/0T J 6T2.2 01/22/BT ]67902 01/22/67 367903 01/22/87 367904 01,22/87 L 4 C C 6 C CHECK RECIBTER AMOUNT VENDOR ITEM DESCRIPTION .,BOB 10 THORPE DIST CO BEER PURCHASE E0..0- TMORPE DIST CO BOTTLE RETURN 3,907. TO . 2.772. 00 TRACY OIL CO MOTOR FUELS 2,772 00 . 93.00 YARNING LITES INC EQUIP RENTAL 9] 00 . 01-114-01 PACE O ACCOUNT MO 1" R P O. R wo"m ...-CRS 71-401S-S14-IS 11-4016-5 N-15 01-.2B0-E.9-42 01-4331-249-42 1,I79.11 WAYZATA-CITY OF INTER GOVMT SERVICE 12-4351-541-11 1,119.11 . IT.50 LEEF BROS INC OPERATING SUPPLIES 71-030-515-90 17.50 . 42.00 ROBERT OLRAM MAINT AUTO 01-434-129-3I .2.00 19E.00 ST CLOUD STATE U SCMOOLE O1-43E6-129-31 192.00 I71907.52 FUND 01 TOTAL GENERAL FUND 130.75 FUND 45 TDTAL 1905 SPEC ASSESSMENT FUN I3,710.89 FUND TI TOTAL LIQUOR OPERATING FUND 1.251.25 FUND T2 TOTAL PATER OPERATING FUND 260.J1 FUND 13 TOTAL BEUER OPERATING FUND 2.25 FUND T. TOTAL GOLF COURSE OPERATING FO 33.ST9.O3 TOTAL .... C.S 190T cz- OF ORONO CMECY NO DATE OE6034 01122/87 OE601a Ot/2e/OT OE6027 01/2E/S1 OGOOET 01/22/OT OC60ET 011Q.la? OG602T O1/2E/6T CE60ET ovtt/OT oea63o ove2/eT 02603E O1/22/Sl 026034 01/ee/07 OCC O3. O Vie/OT Oe6134 01/2E/ST OP6034 OI/Le/Ol OE6034 OVEe/OT 02603. oVee/ST OE609B 01/22/87 Oe612B 01/22/BT 026130 Ov22/BT Oe6130 O1/E2/OT OE6133 oI/2e/BT E133 O1/EE/ST 6eG133 O1/22/87 CHECK REGISTER 01-e6-ST PAGE I AMOUNT VENDOR ITEM DESCRIP' I ACCOUNT NO INV • R • MESSAGE 176.75 ALL STAR ELECTRIC MAINT BLDG 01-4343-121-31 Ie3.50 ALL STAR ELECTRIC RAINY WATER PLANT TE-015-549-11 300.E5 .—ENS 150.00 APPLE VALLEY AGENCY BOILER INS 01-437E-099-17 11I86.00 APPLE VALLEY AGENCY ISLANRET BOND 01-A315-061-13 IOT.00 APPLE VALLEY AGENCY Der FONG BOND 01-4376-049-15 1.69s.00 APPLt VALLEY AGENCY EXCESS LID LIAR 71-4375-SIS-90 TYT. 00 APPLE VALLEY AGENCY EXCESS LIU LIAS T6-43Ta-s911-13 3.915.90 . .... CRB 13.50 AT 6 T INFO SYSTEM UTILITIES 71-43t0-515-90 13.30 •..-CXG Se.6T AMER SCIENTIFIC PROD OFFICE SUPPLIES 01-4e10-•e9-31 52,67 ..•. CAs 60.76 ANCHOR PAPER OFFICE SUPPLIES 01-4e10-039-te 3.1T ANCHOR PATER OFFICE SUPPLIER 01-IE1F-959-14 8.68 ANCHOR PAPER OFFICE SUPPLIES 01-.L10-O61-15 S5.36 ANCHOR PAPER OFFICE SUPPLIES 01-1E10-ICI-31 65.06 ANCHOR PAPER OFFICE SUPPLIES 01-.e10-17.-33 3.47 ANCHOR PAPER OFFICE SUPPLIES OI-.Cl0-e.9-a en. 00 .o-CAS 715.50 CARGILL SALT UTIL "s MAINT SJPPL 7G-4E34-549-91 715.50 ...-CAS 63.62 CONCEPT MICROFILM OTHER CONSULT 01-4306-17'-13 63.6E •.. CµS 94.E5 COLONIAL LIFE INS CC LIFE INS 01-.15E-121-31 .T. E5 COLONIAL LIFE INS CO LIFE INS O1-a SG-tCb-J: I.E. 10 . •..-[h5 1 00 COMM-REV SALES TAX SALES TAX DEC 01-3500-000-00 ♦".S. 00 COMA -REV SALES TAX SALES TAX DEC ll-CGeG-000-00 112. 00 COMM-REV SALES TAX SALES TAX DEC 72!-2ete-000-00 •.LIB 00 . 1907 CITY OF ORUNO CHECK REGISTER Ol-e6-47 PACE It CHECK N0 DVE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV • P O 3 MESSAGE .•.... .... INS 026143 01/22/67 4.50 COMMERCIAL LIFE INS LIFE INS 01-41SE-039-IC 0261.3 O1/C[/OT C.TO COMMERCIAL LIFE INS LIFE INS 01-4ISC-069-IS Oz61.3 01/CL/OT C.10 COIM1ERfIAL LIFE INS LIFE INS 01-4ISFlel-31 0261-.3 01/e2/ST 2.70 COM12\CI.L LIFE I.- LIFE INS 01-IISL-I2S-31 .2.1.3 01/eC/6T 1.10 COMMERCIAL LIFE INS LIFE INS O1-41S[-1H-31 Oz61.3 OI/zC/ST 3.60 COMMERCIAL LIFE INS LIFE IN3 01-41SC-114-33 Oz61.3 OI/CL/OP 5.40 COMMERCIAL LIFE INS LIFE IN3 CI-4IX-N9 OC61.S OI/e2/OT TO COMMERCIAL LSFC INS LIFE INS 01-413e-e30 AI 0261.3 FI/e2/OT z.TO COMMERCIAL LIFE INS Life INS T1-41U-511-10 096343 01/LE/07 1.06 COMMERCIAL LIFE INS LIFE INS 9C-.13E-1;49-91 OL6H3 Ol/e2/OT 1.6E COMMERCIAL LIFE INS LIFE INS 73-41x-369-9e 026143 Ol/22/07 90 COMMERCIAL LIFE INS LIFE INS N-41U-510-93 38.70 • OE6P69 OVEC/87 AS 00 GOUT TRAINING SERV COAFEIIENCE 01-43S6-Oe0-11 OC6269 01/22107 45.00 GOVT TRAINING 3EM CONFERENCE 01-I350-Oe0-11 90.00 oe62Ts O1/PE/97 461.11 GROUP HEALTH INC MOSP INS 61-4151-1e9-31 oe62Ts o1/zz/eT 60.35 CROUP HEALTH INC MOOR IN3 01-n51-174-33 OC62T5 01/22/0T 160.99 CROUP HEALTH INC HOW INS 79-41SI-510-93 690.51 .0 u• •u-CR{ 0262Ti 01/e2/eT 69.85 NED CTR HEALTH CARE N06P INS 01-41SI-039-IE OESETT O1/ee/0T 69.85 NED CTR HEALTH CARE HDSP INS 01-4151-061-IS Oe6eiT 01/EE/ST 269.79 NED CTR HEALTH CARE N00F IN5 61-41S1-129-31 OLO2TT 01/CC/ST 160.99 NED CTR HEALTH CARE HOSP INS 01-4151-179-33 ORGETT O1/22/87 321.18 NED CTR ML TH CARE NOSP INS 01-4151-L09-44 OEGE17 01/Le/8T 6L .0 RED CTR HEALTH CARE MOSP INS 7e-1151-549-91 026277 01/eP/Ll 96.59 RED CTR MERLIN CARE H05P INS 73-41SI-669-9e I,OT3..5 oou ...-pI6 6P62B0 01/22/e1 IS3.40 HACK CHEMICAL CO EQUIP PARTS 72-4232-549-91 153..0 o•••• .•.-CR6 OP629i OI/e2/87 1153S.00 MEAN CTY CHIEFS PTAC SCHOOLS 01-4356-129-31 1,535.00 u•o• .... INS OP6J05 Oi/2E/BT 35.9e HEMM CTY DEPT TAX POSTAGE 01-43RI-040-13 35.96 1987 CITY OF ORONO CMECP NO DATE 026330 01/22/87 026346 01/22/87 OE6]63 01,22187 OE6381 01/22/67 OE6100 01,22/87 026101 01/2e/87 0261]5 D1/ee/8T 026.35 O 026435 1 1:7 01/EL/6T OE6135 01/EE/87 026137 01/22/417 OE61T1 01/22/87 026195 01/22/87 Oe6500 01/22/87 CHECK REGISTER AMOUNT VENDOR ITEM DESCRIPTION 01-E6-07 PACE 3 ACCOUNT NO INk E P 0 6 MESSAGE .... CKS TT 32 ICMA RETRMNT CORP ICMA 12/E9-1/n 01-4140-039-IR TT. 3E . 365. 00 INTL CITY MGMNT ASSN MEMPERSHIPS 01-4360-039-19 365. 00 . 79. 63 TOM JACOBS MILEAGE 01-4361-129-31 71.83 . 1,E50.00 N 6 K RENTALS BLDG RENT FED 71-433E-515-90 I, eSo.00 . 1,098.98 KUSTOM ELECTRONICS OTHER EOUIP 01-4560-189-31 1.098,98 68 19 THE LAMER PUBLISHING 01-13EE-OEO-ll 68.11 123.00- LOCIS/SUITE 320 HP ISO PINT .1-6300-039-12 1 E3,00 LOG15/SUITE 3L0 MP150 MKT T OT-1310-039-1E 1 E3.00 LOG[!/SUITE 3E0 MP LSO M Y 01-4310-039-1E IE3.00 LOGIS/SUI1C 36O MPISO PINT 1 01-4340-111-33 C13.00 19,617.75 CITY OF LONG LAKE FIRE SERVICE 01-4315-130-32 19,617.75 IS,731.78 METRO UASTE CONTROL PREPAID SEWER 73-IP82-000-00 151731.71! 35.00 MINN CITY MGMT ASSN MEMBERSNIP 01-43eC-039-12 35.00 48.30 MINN Comm TELUMONE 01-132C-17I-33 ...-CKS ...-CMS .... C.6 .... CK5 ...-CN5 ...-CMS ....CMS ...-C88 ...-CKS 1987 CITY OF ORONO CHECK REGISTER 01-26-67 PAGE CHEC•. NO DATE AMOUNT VENDOR ITEM DESCRIPTION AC^OUNT NO IMV 0 P 0 • NE96AGE 18 30 • 0265U1 01/EE/ST 25.00 MH CRIME PR OFF ASSN MEMBERSHIPS 41-•360-129-11 ES 00 • 026505 01/22/87 141,00 MINK FIRE INC MAINT OLD; 01 343-1E9-11 141.00 • •.•.•• .... CBS OE6511 01/22/67 40.00 MN POLICE CHIEFS ASN MEMBERSHIPS 01-4280-129-31 A0.00 . OE6516 01/22/87 30.00 MN RESCUE FST AID MEMBERSHIPS 01-4360-129-31 30.00 C 26568 01/22/87 52.5E NORTHWESTERN BELL UTILITIES 01-9320-IE9 JI 026360 01/tt/87 73.10 NORTHWESTERN SELL UTILITIES O1-.)N-ITV- 4 026363 01/EE/97 11. SC NORTHWESTERN BELL UTILITIES O1-93C0-N9-1C OE6566 01/22/87 20.T2 NORTHWESTERN BELL DATA PROCESSING 01-435S-061-15 OE6568 OI/2E/CT 52.16 NORTHWESTERN WELL UTILITIES TI-43C0-515-10 OE6368 01/EE/ST IE..O WORTMW93TERN SELL ADVERTISING T1-A3123-515-10 OC6565 C1/22/87 E1.80 NORTHWESTERN BELL UTILITIES T2-63CO-S99-11 OC656R O1/CC/ST 16.57 NORTHWESTERN SELL DATA PROCE5511C 72-9355-349-91 OE6-, 01/82,87 3E.69 NORTHWESTERN BELL UTILITIES 73-43CO-969-92 OF $(S O1/E2/8T 21.66 NORTHWESTERN SELL DATA PROCESSING 73-0355-569-92 326 JS ••. o• • • O-CK8 OE66E1 Ol/22/87 67. 02 PHYSICIANS HEALTH HOBP INS 01-C301-000-00 OE6621 01/22/ST 566.19 PHYSICIANS HEALTH HOSP INS 01-36TE-000-00 OC6621 O1/22/B7 S62.54 PHYSICIANS HEALTH H03P INS 01-41SI-039-IR 026621 01/2B/87 160.99 PHYSICIANS HEALTH HOSP INS 01-0151-069-16 02EEP• O1/22/87 1,481.61 PHYSICIANS HEALTH HOSP INS 01-4151-1t9-31 016621 O1/Et/ST 260.56 PHYSICIANS HEALTH H03P :N6 01-0151-170-33 0216C1 O1/EE/87 613.16 PHYSICIANS HEALTH HCSP INS 01-01S1-009-62 0263t1 O1/EB/57 160.99 PHYSICIANS HEALTH HOBP INS 01-6151-t9O-61 OC6621 01/CC/6T 9E1.55 PHYSICIANS HEALTH HOBP INS TI-4ISI-SIS-90 OE6621 O1/tt/87 109.23 PHYSICIANS HEALTH HOSP INS 72-0151-599-91 026621 01/22/67 156.33 PHYSICIANS HEALTH map INS 73-I151-369-92 9,6E5.9T wP-pl0 •••.•. OL6629 01/22/87 C5.00 POSTIV6TER POSTAGE 01-932t-039-12 026629 O1/22i87 13.00 POSTJPSTER PCSTAGE 01-43EI-1E9-31 1987 CIT♦ OF ORONO CHECK REGISTER 01-t6-07 PAGE P CHECK NO DATE "HOVN1 VENDOR ITEM DESCRIPTION ACCOUNT NO INV 0 P 0 0 MESSAGE 026629 O1/22/BT 6 25 POSTMASTER POSTAGE 7B-43e1-S49-91 0e66e9 01/2V6T I6 75 POSTMASTER POSTAGE 13-43tl-SN-92 63 00 . •o•.• 026638 01/2e/87 90. 55 PRAIRIE OFFSET P'tNTSNG 01-432t-174-33 90 55 - 0266U 01/22/87 8.54 PRUDENTIAL L: INS 01-.15E-039-18 Oe6643 01/ee/ST 11.61 PRUDENTIAL III :NS 1-.15E-069-15 0e66.3 01/00/87 13.75 PRUDENTIAL LIM INS ­41W-ICI-31 CE6643 01/0E/ST eE.80 PRUDENTIAL LIFE INS -415E-1G6-31 OE6643 of/e2/6T 19.00 PRUDENTIAL LIFE INS 01-4.SC-109-31 DE6643 01/9e/ST 0..9 PRUDENTIAL LIM INS 01-4IK-I1.-33 926043 01/ee/ST 5.10 PRUDENTIAL LIM INS 01-.15E-M1-4t 096643 01/2L87 31.3t PRUDENTIAL LIFE INS TI-.1S2-S15-fb OE66.3 01,22,87 1.9E PRUDENTIAL LIPS INS 12-4ISe-9.9-11 0266.3 OVEE/eT 7.38 PRUDENTIAL LIM INS T3-.I SC-569-9e 12..31 026 T.0 01/22/67 177.00 DON 9TREICHER GUNS FILM Ot-4410-129-3t 177.00 026TT0 01/e2/67 1.5..5 TELEDYNE MAINT AUTO FOUR 01-4341-e4)-4E 1.5..5 u.o. ...-Cue 02679E 01/e2/87 918.50 TWIN CITI'S DICTN SV OTHER EQUIP 01-.540-129-31 918.so OE6BOT 01,22,57 15.00 UNIVER: OF MN BOONS 74-4240-S90-93 OE6807 01/22/87 Is Do- UNIVER: IF MN BOOKS 74-4240-590-93 00650T 01,22/87 15.00 UNIVER_ OF RN BOOKS T4-435{-590-93 15.00 • OLN 00 01/22/87 35.00 OEBORAH MCGOWAN TEMP EnFLCYEE 71-41EO-SIS-90 35. 00 026901 O1/E2/67 I5. 00 MN DEPT NATURAL RESC �ERnITS 74-4303-590-93 15. 00 . 04690E 01/2E/87 35.00 LONG LAKE CRAMS COMM nEMAERSIiIPE 01-4380-039-12 3' 00 . 1987 Cl Tv OF ORONO CMECN NO DATE 026903 01/22187 02610A 01/22/67 �8680�a �JC' 01/22/87 Set9P5 c:..?+ 01/ee/eT 0009050I07G 01/ee/OT CE6906 01/E2/ST MC]958 01/a2/87 MCT95a 01/e2/a7 MC7955 Ov2e/87 MC7158 of/e2/ST HC7939 01/e2/a] MC7959 01,22,87 HC7960 01/22/87 MC7960 01/ee/OT HC7961 01/82/67 MC7961 01,22,87 NCT962 01/e2/aT AMOUNT 35 CO 35 00 83 00 83 00 . 25A 82 so 60 9J9 00 1.10 Be 2o. 00 20. 00 . 11338. so 26.62- 2B1.65 s.sa- 1,588.05 168.50 1.66- 166.Be A 90. IS6. EEG. 10 60.80 I, EG- 59. sa 15.00 1 s. 00 R 33,937.89 9,436.03 1,499.09 16,208.60 966.89 62.004.52 CHECK REGISTER VENDOR ITEM DESCRIPTION DEPT NATRL RESOURCES LICENSES GRAPHICS UNLIMITED OFFICE SUPPLIES ?Ine L<on C �a..M GE•.�aAMs TEAM LILLIS O aMEMaOM LOCKS WILLIS D aMENaoN REMODEL OLDS FIRE 1ANSNAL ASSOC MEMBERSHIPS EAGLE DIST EAGLE DIST EAGLE DIST EAGLE DIST QUALITY NINE QUALITY NINE POSTMASTER POSTMASTER ED PMILLIPS ED PMILLIPS IN% CONF BUILD FUND 01 TOTAL PUMD TI TOTAL FUND Te TOTAL FUND 77 TOTAL FUND ]R TOTAL TOTAL LIQUOR PURCHASE LIQUOR DISCOUNT WINE PURCHASE WINE DISCWNT WINE PURCHASE VINE DISCWNT POSTAGE POSTAGE NINE PURCHASE NINE DISCOUNT MEMBERSHIPS 01-e6-PT PAGE 6 ACCOUNT N0. INV t P D t MESSAGE 72-63113-S91-SI 01-9210-039-IE 01-4Eel te9-31 01-4O43-129-31 O1-iH0-1 H-01 01-4360-174-33 .o-CPS 11-44010-S14-95 MANUAL 71-4811-514-95 MANUAL T1-4151E-S14-95 MANUAL TI-4813-314-95 "MUAL 71-461e-519-95 MANUAL 71-4813-514-95 MANUAL GENERAL FUND LIQUOR OPERA-ING FUND WATER OPERATING FUND SEWER OPERATING FUND GOLF COURSE OPERATING FO TE-95E1-S49 91 MANUAL T3-QE1-Si9­ 9e MANUAL 71-481e-514-95 MANUAL 7I-4813-514-95 MNUAL O1-4380-1]--]3 MANUAL •.•-CNB 6 PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE 42ALY PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) Al 2. of n. U 9to n q 12 6. 9 o. tk 7 7 sr I. '.1�� � _ 2. 3./ 4. s. u, .,- n i �, AP 6. 7. 8. 1 � 9_0. PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE 1 - / �Z PLEASE FILL OUT THE INFORMA', J ir' TESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) y 3. Lb til7�lE�� -%t�b�_ v„� ;s6 -z _ .F 2 3 .'h4K S. } 12. — F 13.1 a i} a. 14. o J iu. s I v' -AIl<r Pl-,.;C ATTENDANCE CITY OF ORONO MEETING DATE PLEASE FILL OUT TTIE INFORMATION Rl:ty..jTLO BELOW FOR OUR CITY RECORCS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) i 2. 3. 4. S. 6. 7. 8. 9. 0. 1. 2. 3. .4. .6. .7. .e. .9. I nfo r in a+ forx Coun ct 1 rn^" � . NtEe?ING oT8L98 bli Jf UIiUNI: LAKE MINNETONKA CONSERVATION DISTRICT a73-7033 L.M.C.D. MEETING SCHEDULE February 1987 Wednesday 2-11-87 Mayors' Breakfast 7:30 a.m., Lafayette Club, Minnetonka Beach Thursday 2-12-87 LMCD Twentieth Anniversary Dinner Lord Fletcher's of the Lake, Spring park Saturday 2-14-87 Water Structures 6 Environment Committee 7:30 a.m., J. J. Hill's Ironhorse Inn, Wayzata Saturday 2-21-81 Executive Committee 7:30 a.m., Park Bench Eatery, Spring Part Monday 2-23-87 Lake Use Committee 4130 p.m., LMCD Office, Wayzata Wednesdav 2-25-87 7,00 p.m. Public Hearings: Speed Limit Jennings Cove Density Permit 6 New Dock License 700 p.m. Regular Sleeting, Board of Directors Tonka Be) Village hall I-30-87 LAY.E MINNETONKA CONSERVATION DISTRICT A G E N D A Regular Meeting, 7130 p.m., Wednesday, January 28, 1987 TONKA BAY VILLAGE HALL 4901 Manitou Road (County Road 19), Tooke Bay 1. Call to Order 2. Roll Call JAN 2 61987 3. Minutes - December 10, 1986 4. Treasurer's Report A. Monthly Financial Report B. Bills 5. Committee Reports A. WATER STRUCTURES 6 ENVIRONMENT COMMITTEE (1) Committee Report (a) Public Nearing Report: Sailors World (b) " " D.M.A. Policy (c) Slip Size Amendment Review (d) Drystack Storage Review (a) 1987 Dock Licensee (f) 1987 DMA Permits (g) 1987 Deicing Permits (h) Other 1) Gayle's Marina Letter 2) Handicapped Access (2) Action Items (a) Committee Report AcLior. (b) 1987 Duck Licenses (c) 1987 DMA Permits (d) 1987 Dock Licenses (3) Other Il. LAKE. USE COMMITTEE CI) Comm,ttee Itepo.l (a) p.,bli, K„I'^r,: Liquor LL.c n:N ne (b) [heclul Feo nl Pc r•i1 Ls LAKE MINN ETON KA CONSERVATION DISTRICT 5. B. Lake Use Comoittee (1) Committee Report (cunt) (c) Ccde Amendment: Rules of the Road (d) " " Statute Adaptation (e) Future Public Hearings (f) Inspection Reports/Refunds (g) 1987 Lake Maintenance Program (h) Winter Rules (i) Water Patrol Report (2) Action Items (a) Special Event Permits (b) Inspection Reports/Refunds (c) 1987 Lake Maintenance Program (3) Other C. EXECUTIVE COMMITTEE (1) Committee Report (2) Action Items 6. Code Amendments A. Slip Size (second reading) B. Rules of the Road (second reading) C. Liquor Licensing (first reading) D. Statute Adaptation (first reading) 7. Resolution: Drystack Storage Moratorium Amendment 8. Other Business 9. Adjournment LAKE MINNETONKA CONSERVATION DISTRICT REGULAR MEETING TUNKA BAY VILLAGE PALL December 10, 1986 The regular meeting of the Lake Minnetonka Conservation District CALL TO was called to order by Chairman Rascop at 7t30 p.m. on Wednesday, ORDER December 10, 1986 at the Tonka Bay Village gall. Members presents Richard Garwood (Deephaven), Carl Weisser* (Ex- ATTENDANCE celsior), Robert Pi)isbury (Minnetonka), Jan Boswinkel ;Minnetonka Beach), Wally Clevenger (Minnetrista), Jon Elam (Mound), JoEllen Hurt (Orono), Robert Rascals (Shorewood), Ron Kraemer (Spring Park), Marvin Bjorlin (Tonka Bay), and Mark Westland (Wayzata). Communities represented: Eleven (11). *Arrived late. CODE AMENDMENT - SLIP SIZE: Elam Moved, Westland Seconded that, because of public interest, agenda item No. 9-B regarding the pro- posed slip size Code amendment, be considered first. Motion, Ayes (101, Nays 101. The proposed amendment was reviewed. Questions arose about com- puting service charges for changes within double slip arrangements, in specifications of service areas, in general definitions, etc. Elam Moved, Boewinkel Seconded that the proposed Code amendment CO"E regarding changes in slip size be returned to committee. Motion, AMENDMENT, Ayes 1101, Nays 101. SLIP SIZE 1986 LAKE USE STUDY - REPORT, Arnold Blomquist, Pit. D., of Staten- tric, Inc. reported that the Lake Use Study was completed for 1986 and some findings were: (1) The average time spent on the Lake by access -users was 5 hours; by residents was Ya hours. (2) The aver- age boater used his favorite site 15 times a year. (7) Regarding REPORT, parsing, 66% said they could not find adequate parking, when asked 1986 what they did, they replied that they parked illegally, or went LAKE USE to another access. (4) When asked about th, possibility of a STUDY special -use sticker if one were to be required, 907. said it would not change their boats ng pattern. (5) Pegarding boats of residents, 9% of boats in the resident category were owned by non residents; one out of six of these had someore else's boat. (6) 85-90% of resident boats were operated by tic residents; others were operated by short-term guests, long-term iuests, or neighbors. (7) Most public access user: uo Into Area 42; marina access users also go into Area 4Y. (8) Regnrdiny, Jest in:aions, it was found that Slit Ing Park Amens ps nl,le spr,d not ir!t:(Ir than people using Crava Bev and Ilende it Ls,)n, ar orssr s; .,II r•sutonts avoided the Lnwnr lake (Area 42). LAKE. ti_ANAf-EMENT_SCOPI'I - BFP0R1: h.ry id Ar!dorfe,, Mi. D., of REPORT: Arn do, ter As au<ia tr s, ro,I ! .d th.a :tip I ln: I n ... rt It d been dls- LAKE trihuled of the ape ,I x,,iV. Iflan for lake MANAGEMENT Minnetonka. Spur if i! is..•u^ • :"I':". r'idant l l led and ScOPP. STUDY lly ,•.i.'�� !b�. Is.,. �� hM:.l", !t, bu. beru,se included, not ne...-raL LMCD Board Minutes December 10, 1986 Page 2 one or more influential organization supported t.,e statement, thus indicating that the issue needed to be addresed in the Management Plan. Ten separate issues or topics needing to be addressed are: lake access, lake use, on -shore related facilities, public safety, ahoreland aesthetics, upland environmental protection, water quality, intergovernmental relations, institutional arrangements, and funding alternatives. Westlund Moved, Kraemer Seconded that the minutes of the October MINUTES 22, 1986 meetirg be approved. Motion, Ayes ]111, Nays 101. Elam Moved, Kraemer Seconded that the Treasurer's report be TREASURER'S approved and the bills paid, as amended with the addition of a $600 REPORT estimated charge for the winter card. Motion, Ayes 1111, Nays [0]. WATER STRUCTURES 6 ENVIRONMENT COMMITTEE; Burr reported that the committee reviewed public hearing reports on Minnetonka Boat Works and St_ Albans Bay Mrrina 6 Yacht Club, and made recommendations. The committee reviewed 1987 dock license renewals and discussed the continuing need for as-builts at some locations. The committee recommended approval of the applications submitted except for those facilities requiring as-builte. The committee reviewed an inspection report and rccommonded Board approval for deposit refund on the permanent dock application L•7 Rose McDonald. The committee reviewed a proposed Code amendment covering slip size and recommended first reading to the Board. Upon advice of the number of license complaints in terms of f_ncing requirements and as-builte that have not been met •a date, the com- mittee recommended that 1987 licenses not be granted to those facilities not in compliance with fencing and as -built stipulations. Upon discussion of drystack storage, the crnmnittee recommended that a moratorium on new applications for dryslack storage be placed for s1x months to develop standards foi drystacking of boats on the t.,kv, in response to the T„sk Foce nrummendatiuns. lluri Moved, Kraemer Secnndtd that Iho inm'ilteo mpnrt I,,. accepted. Motion, Aves Jill, Nnyn 101. No,r Moved, If jar lln Svrnnded �. v,:n n„ir Ilm 9lmtot mka Most Works, lot. ,•qutat lur i Special U,•n ••il, f-ii,i1, le,u•th votlanu•, and new do,k Ilrenr:c: 7. Ih.nl Irngth varLnv. I.t the _i, n.l pu,ap-tie. ..i�Ilit ns be app,.n'..d; LMCD Board Minutes December 10, 1986 Page 3 2. that a new dock license providing for the following changes be approved, a. moving the gas dock and pump -out from slip numbers 14 and MINNETON`A 15 to the main service dock as proposed slip P3, to become BOAT WORKS slip number 1 and tie -on number 2; VARIANCE 6 LICENSE b. old slips 1 and 2 replaced by the east -end launching ramp GRANTED, be transferred to slips 14 and 151 DENSITY HELD C. the 63rd slip be located at the proposed location P4; d. proposed locations Pl, P2, and P5 will not be considered because of being located in the 100-200' zone; e. there be a total of 63 rental and service Blips in addition to five transient slips on the north side of the seawall, marked T64 through T68; and I. an as -built survey is required; 3. that the Special Density Permit application for conversion of a lips to transient use be held for later review. Motion, Ayes 1111, Nays 101. Harr Moved, Pillsbury Seconded that the application by St. Alban's Bay Marina and Yacht Club for a new dock license be denied. ST. ALBANS Motion, Ayes 1111, Nays 101. BAY MARINA LICENSE Hurr Moved, Bjorlin Seconded that no new application be accepted from St. Alban's Bay Marina and Yacht Club until the problems with the City of Excelsior have been resolved regarding the zone line, shoreline fishing in the channel area, and any other matters. Motion, Ayes 1111, Nays 101. Elam Moved, Hurr Seconded that the following 1987 dock license re- newal applicationB be approved, including Orders and stipulations: Clary Cliffs Ilmnc owners ABr.ociat inn '[he Ila rborn ge 1987 City of Deephaven Ile r'r. n 1, Acres Axsociation LICENSE City of Excelsior t' tv of Tonka Bay RENEWALS F.seelsior Hav Yacht Club, Iw . rite of Bavxata City at Greenwood Mul lun, Aver. Jill. N.,,, 101. Elam Moved, Kraem,•r Se- .nd.•I 11.,t th, inn ry•, tinn cp. rt far Rohe DOCK Mc Unnnld'B pe rmnnenl dart he l th.• is J.rpon R refunded. DEPOSIT Motim,, Ayr, 111. un•.- U] REFUNDS LMCD Board Minutes December 10, 1986 Pary 4 LAKE USE COMMITTEE: Pillsbury reported that there was no quorum at the scheduled committee time. The Water Patrol reported to the Board that there were seven new WATER Special Deputies sworn -in, bringing the strength to 40. New PATROL classes are forming twice a year now. The Patrol also now has its REPORT own diving instructor. Ice on the Lake is from Of inches to 9 inches thick. EXECUTIVE CO,. ITTEE, Rascop reported that the committee met with LEGISLATIVE the Sheriff's department regarding LMCD legislative changes, will PROGRAM meet with the DNR. Meetings will also be held with the county and the Met Council regarding funding legislation. The immittee reviewed the Lake Management Scope Study report and recommended acceptance and final payment. The committee reviewed the 1986 Lake Use Study report and recom- mended acceptance and final payment. Upon discussion of the annual dinner scheduled for Thursday, Feb- ruary 12, 1987 in cooperation with Lord Fletchers, the committee recommended approval of the dinner and suggested that Arndorfer and Blomquist be requested to give public briefings of their studies. Upon review of the annual award to the Water Patrol, the committee N.P. referred the 1987 Water Patrol award to the Annual Dinner AWARD Coven i t tee . The committee reviewed the loan agreement between the City of Shorewood and the Met Council for the LMCD planning loan, and the agreement between Shorewood and the LMCD; the comm/tree recommended approval of both the loan agreement between the City of Shorewood and the Met Council, and the reciprocal agreement between the City of Shorewood and the LMCD, subject to legal review. Upon discussion of the earlier committee decision to adjust the budget to accommodate the change in valary year, the committee recommended that the 198h hud Cot be alnende•d in the .amount of $2,075 in Personal Se ry lees. Upon dt scusalml ,I the need f..r r•m.'r lPvr de is lnv. for only this year dur to early free4e, and tier di,t,is.aon to prevent falling Lack open a sled lar ordinance In it,, f,t ore, the committer• recom- mended 'approval of the emerrr nry Jei. te. ,ormlt ordinance, with the at ipu latlon th.r, the Ire for Ih• 'ar be $2Sl1, .end the fee !nr anv fetus pr retit be d. ,blo The mnmml[toe a,, rPt,,d nls p.., nm ,I' -':I hu tU.' 1486 L..w'rr L.,ko raelnl• nlhednlo and t", 16. lux', 11I'I^: Hi w..I n,k.. Y:u ht Cluh arhrdllle, and I . . Vallpr..dl d I l-, ... .I I lu LMCD Board Minutes December 10, 1986 Page 5 The committee reviewed a proposed moratorium resolution and for- warded it to the Board for further consideration. Upon discussion of the slip size and boat storage amendment, the committee recommended first reading to the Board. After discussion of the review of satisfactory staff performance for 1986, the committee recommended that the Executive Director's salary and the Secretary/Clerk's salary be adjusted effeu.ive 1-1-87. Kraemer Moved, Bjorlin Seconded that the committee report be accepted. Motion, Ayes [111, Nays 101• Elam Moved, Bjorlin Seconded that the Lake Management Scope Study LAKE be accepted and the final payment made. Motion, Ayes 1111, Nays MANAGEMENT 101. SCOPE STUDY Bjorlin Moved, Hurt Seconded that the 1986 Lake Use Study be LAKE USE accepted and the final payment made. Motion, Ayes 1111, Nays 101. STUDY Elam Moved, Bjorlin Seconded that the 1987 annual dinner be approved for Thursday, February 12, 1987 at Lord Fletcher, of the ANNUAL Lake, and that Dave Arndorfer and Arnie Blomquist be requested to DINNER give public briefings of their respective studies. Motion, Ayes (111, Nays 101• Elam Moved, Harr Seconded that the loan agreement between the City METRO of Shorewood and the Met Council, and the reciprocal agreement be- PLANNING tween the City of Shorewood and the LMCD, be approved subject to LOAN legal review. Motion, Ayes 1111, Nays 10). Garwood Moved, Hurt Seconded that the 1986 budget be amended in BUDGET the amount of $2,035 in Personal Services, to accommodate the AMENDMENT change in salary year. Motion, Ayes III], Nays 101. Hurt Moved, Kraemer Seconded that the first reading of the proposed Code amendment for emergency deicing permits be approved, addition- al readings be waived, and the amendment adopted. Motion, Ayes 171, Nava 141: Bnswinkel, Elam, Carwood, and Pillsbury voting Nay; motion failed. Elam Moved, Garwood Sc,ondvd that L!.r abu., motion be reconsidered. Motion, Ay% 1111, GI. Hot, M.rved, 6r.0 „•r .••,ohd It, I, I.. f,, I cad,ug of the la.,pollcd CODE Cod.- amendment 1, ,m. I'I'n I .1e I In.' ,,I I be :q.provod. addtt,,um- AMF.NDMFNT: at rv:nli mp, h. ..I I,,I ,,I the ,. n.h,,.. ut adopt rd. Mnl ion, A•.. EMERGENCY I Na,, III, Ah, I ai n, 1:1. .xwln k.l v,•t ,,t Noy and Vi1l DEICING abal s in ins. LMCD Board Minutes December 10, 1986 Page 6 Hurr Moved, Garwood Seconded that the inspection reports be LAKE USE accepted and fee deposits be refunded for the 1986 Lower Lake DEPOSIT racing schedule and for the 1986 Upper Minnetonka Yacht Club REFUNDS schedule. Motion, Ayes [111, Nays 101. Bjorlin Moved, Pillsbury Seconded that the Executive Director's salary be adjusted 4% to $40,570 effective 1-1-87, and that the SALARIES Secretary/Clerk's salary be adjusted to $9.15/hr effective 1-1-87. Motion, Ayes (111, Nays 101. ORDERS: Elam Moved, Hurt Seconded that the Order denying the 1986 DENIAL dock license application of Surfside, Inc. be approved. Motion, ORDERS. Ayes 1111, Nays [0]. SURFSIDE 6 Harr Moved, Bjorlin beconded that the Order denying the 1986 dock CHASKA license application for Chaska Marine, Inc. be approved. Motion, MARINE Ayes [111, Hays [0]. RESOLUTION, Hurt Moved, Pillsbury Seconded that the proposed resolution establishing a moratorium on new or reconfigured cca nercial docks, multiple docks or launcning ramps used to conjunction with off -Lake storage facilities and on the use of such facilities involving an increase of off -Lake boat storage be amended to Include all reconfiguration applications. Motion, Ayes (71, Nays 141, Boswinkel, Elam, Rascop and Westlund voting Nay. Motion passed. Harr Moved, Bjorlin Seconded that the proposed resolution establishing a moratorium on new or reconfigured commercial docks, multiple docks or launching ramps used in conjunctiuon with off MORATORIUM Lake storage facilities and on the use of such facilities involving RESOLUTION an Increase of off Lake boat storage be accepted as amended for (No. 51) first reading, further readings be waived, and the resolution (No. 51) adopted. Hurr Moved Pillsbury Seconded that the motion be amended by changing the termination date from Juue 10, 1987 to March 11, 1987. Amendment, Ayes 191, Nays 121, Elam and Rascop voting Nay. Amendment passed. Main Motion, Aves 191, Mays (21, Elam and Rascop voting Nay. Motion passed. 01-IIER BUSINESS: Hurr Moved, Ujorlin Seconded that the official NEWSPAPERS newspaper be the We vzata _ lur with publications to appear also in thr Minne•tnnka Sailor, the• Esc c Isinr Sailor, the Westonka Sailor, The La ko r, t1,e 1'i.... r, the Wavzata Weekly News, and the South Shore Woel,1:• News. Molina, Av,^. Ili1, Nays 101. Elan Moved, S,e,ndvd 1..it II ,%, thr I-,Nr 9r ker Cam- STICKER pa,yn d„v,. by una lnno'1 1•.r 191, w,'1, Chairman. CAMPAICN Mott.,,,, Aves Jill, Nays 1,11 LMCD Board Minutes December 10, 1986 Page 7 ADJOURNMENT: Boewinkel Moved, Hurt Seconded at 9:54 p.m. that the ADJOURNED meeting be adjour:ed. Motion, Ayes 1111, Nays 10). Submitted by R. Westland, Secretary Approved by: Robert Rascup, Cheirmn BOAT I NG ON LAKE M I NNETONKA 1 986 Pr ep ar-ed F car- .. l._aKe Mi raa'�e1-or�4=a Cor�ser vati on ll ist r'i.__t Oa BIOCENTRIC, INC. &W No LertlnO m MOM Rom . A PW, MN 56126 1 1. f � �1 .. •a � i 966 I� BOATING ON LAKE MINNETONKA 1986 Prepared for the: Lake Minnetonka Conservation District 402 East Lake Street Wayzata, Minnesota 55391 Submitted by: Biocentric. Inc 3585 North Lexington St. Paul, Minnesota 55126 (612) 481-1132 October. 1986 LIST OF FIGURES Page Figure 1 Lake Minnetonka Management Areas . . . . . . 5 10 Figure 2 Lake Minnetonka Boat Counts . . . . . . . . 8 Figure 3 Minnetonka Average Weekend Use . . . . . . . 10 Figure 4 Minnetonka Average Weekend Use, Public Access 11 Figure 5 Minnetonka Average Weekend Use, Marina . . . 11 Figure 6 Minnetonka Average Weekend Use, Residents 11 t LIST OF TABLES Table 1 Number (' Boats by Boat Type During Aerial Observation. . . . . . . . . . . . . . . . . 7 Table 2 Percentage of Boats by Boat Type During Aerial Observation . . . . . . . . . . . . . 7 Table 3 Lake Minnetonka Distribution of Total Use . 9 Table 4 Observed Boat Counts . . . . . . . . . . . . 13 Table 5 Percentage of Total Boats . . . . . . . . . 14 .Table 6 Observed Boats in Each Lake Area by Boat Type 16-22 gable 7 Tabulation of Responses to Interviews Conducted With Users of Public Accesses, Marinas and Among Lakeshore Residents of Lake Minnetonka in 1986 27-34 Table 8 Other Comments . . . . . . . . . . . . . . . 35-41 Table 9 ALtitudes Towards Alcohol Consumption by Boat Operators . . . . . . . . . . . . . . . . . . 42 BOATING ON LAKE MINNETONKA, 1986 A. Introduction In a continuing effort to monitor boating and water surface use of Lake Minnetonka, the Lake Minnetonka Conservation District engaged Biocentric, Inc. to design and implement *his 1p::c use study. The Lake Minnetonka Conservation District has, for a number of years, conducted surveys to count the number and type of boats using the lake on peak usage weekends during the summer. In 1984, under contract to the Minnesota Department of Natural Resources, Biocentric, Inc. conducted a comprehensive study of "Water Surface Use of Lakes in the Seven County Metropolitan Area." Minnetonka was one of the -wenty-three .lakes included in this study. Aerial flights and boat counts were made on nine days throughout the summer. Boaters were interviewed at public accesses and marinas throughout the summer. Resident lakeshore owners were interviewed at their homes throughout the summer. The boater surveys collected a wide variety of data including: time of use; primary activity 'while on the lake; miles driven to the launching site; size and type of boat; size of motor; fuel consumption; boating safety experience, training and opinion; knowledge and opinion of use restrictions; law enforcement experience; use of and opinions concerning use of alcoholic beverages while boating; access preferences; parking location; residence and income. In October, 1985, the Metropolitan Council Task Force on Lake Minnetonka (MCTFLM) was established in response to the State Executive Council. The task force was asked to conduct a comprehensive review and make overall recommendations concerning access to Lake Minnetonka. As a part of this effort, the task force reviewed the numerous studies and research on recreational use of Lake Minnetonka. Noting the diversity of approaches involved in studies over the past 10 to 15 years, the task force called for a systematic research program for the lake including expanded use of monitoring the origin -destination of boats on' the lake and monitoring trends in boating usage from all types of accesses. In an effort to implement some of the task force recommendations, the rake Minnetonka Conservation District undertook this study under contract with Biocentric. The study was designed to collect data during the summer of 1986 that was similar to that collected in the DNR study during the summer of 1984. Some specific changes were made at the request of the LMCD. These are as follows: 1. Aerial observations were limited to seven �:eekend periods (no weekday counts). 2. Aerial counts were made on April 19 (Crappie Fishing Contest), May 18 (Walleye Fishing Opener) and five weekends during the peak boating season of June 15 to August 30. 3. Aerial counts during June - August were limited to afternoon hours (typically periods of peak usage). 2 4. Additional questions were added to all questionnaires to determine the area of the lake ised by boats originating from various accesses. 5. Additional questions were added to public access questionnaires to determine the location of residences of boaters. 6. Additional questions were added to determine the ownership and usage of boats docked at private residences. 7. Additional questions were added to all questionnaires to explore reactions to a hypothetical special use license for Lake Minne,conka. 8. Access interviews were conducted at three public accesses and were limited to weekend periods. B. Results - Boat Counts Aerial observations were made on the following dates: 1. April 19, 1986, Saturday, Crappie Fishing Contest 2. May 18,1986, Sunday, Walleye Fishing Opener Weekend 3. June 15, 1986, Sunday 4. July 13, 1986, Sunday 5. July 27, 1986, Sunday 6. August 3, 1986, Sunday 7. August 30, 1986, Sunday Boat counts were made on each of the 42 designated management areas (see Figure 1). 23 1 0 1 ) 2 2\( 2 1 20 27 2 • 26 21 26 30 12 4231 26 1 it 0 ems% � f0 30 tii/ 0 /1 a2 n as 3s 0 f 6n 0 FIG. 1. Lake Minnetonka management Areas. 33 LOCATION NAP Ylnn.lenR• Ylnneeeell. The total number and type of boats observed or. Lake Minnetonka is presented in Tables 1 and 2. These data are presented graphically in Figure 2. Not surprisingly, greatest lake usage was seen to occur between June 15 and August 15. The peak usage was observed on Sunday, August 3 between 2:30 p.m. and 3:30 p.m. The temperature was 80OF. The sky was clear to hazy with 0% cloud cover. The wind was westerly at 5 to 10 Knots. The total count was 2,142 boats on the lake. Table 3 presents tha origin of boats using the lake on the seven days of aerial observations. Public access had the highest proportion of usage in April and May when fishing was the predominant boating activity. Later in the season, lakeshore residents and marinas were the largest contributors. During the period of June 15 to August 30, lakeshore residents contributed 41.3% of the boats, marinas contributed 33.1% of the boats and public accesses contributed 20% of the boats on the lake. Figure 3 presents the source of boats using Lake Minnetonka for an average weekend day. This composite graph is derived from both aerial counts and interviews with boaters from the various origin sources. It represents possibly the best daily use pattern that could be derived without continuous monitoring. Figures 4, 5 and 6 present the daily weekend use pattern for each of the three source categories separately. Residents, 6 Table 1 NUMBER OF BOATS BY BOAT TYPE BURINS AERIAL OBSERVATION Number of Boats Average Osagt Date' ' 04119 05118 06/15 07113 07127 08/03 09/30 Weekend Day I Wune-Aug.) 337 222 182 423 179 268 1 Houseboats 1 3 15 14 25 21 11 17 Pontoon Boats 1 7 3 12 8 6 14 14 11 Canoes 1 6 3 3 7 5 12 8 7 1 0-.her Boats ' 2 0 13 1 13 69 7 21 Total ' 721 447 1581 1,191 1,433 2.142 919 1,453 Table 2 PERCENTABE OF BOATS BY BOAT TYPE OURINB AERIAL OBSERVATION Percent of Boats Average Usage Date' ' 04119 05112 06/15 07113 07/27 00/03 00/30 Neekend Dar Tyne of Bait: 1 Sall Boats 0.11 14.81 16.81 71.51 25.31 13.0% 12,61 17.61 Cruisers i 0.71 1.21 21.01 IB 61 12.71 19.71 19 SS IB 4I L Purer Hosts 19.41 28.01 55.61 $0. 11 5/.51 58.31 50, 11 51.61 Mate Skiing ' 0 0; 0.01 0 91 LOX 1.21 1.01 1.51 1.4% FgMtnq Boats ' 77. 51 47 11 3.01 5.4% 7.91 1.71 17.01 4.11 Houseboats 0111 0.71 0.91 1.21 1.71 1.01 1.21 1.21 Pontoon Boats 1 1.01 0.72 0.81 0.71 0.41 0.71 I.51 0.71 Canons 0.81 _0.71 0.21 0.61 0.31 0.61 0.91 m; O Aer-2005 _ ! _ 0._i_ 0.01 __.91 0.11 0.91 3.21 0.81 1.41 !ctal_ I_ 100.01 _ 1OC. 01 _ __ IOd 01 _ 140. Ol_In0.01 109 :0% 190.0% 100.02 Figure 2 SAKE MINNETONKA BOAT COUNTS 9MER IS5 11 2 I 1.6 0.6 4/19 5/18 6/15 7/13 1/27 8/3 8/30 DATE OF AERIAL COUNT © sac © cruwscr M] Pc lv M rswtxo M ol"cl 6 Table 3 Lake Xinnetonka - 1986 Distributian of Total Use AUGUST 30, 1986 1 Ytt 73 301 343 919 Figure j 1.e 1.4 1.3 1.2 1.1 1 Is 0.9 m o S 0.8 W� 0.7 Y- a.e z 9.s 9.� 9.s DA 01 MINNETONKA AVERAGE WEEKEND USE ILWER - 1901 Residents Marina Public Access e 9 10 11 NroN 1 7 3 4 a a 7 a 9 Inc O P09LC rCr[SS i IA -PINS O R[SIOENR Typical weekend day 'ummer of 1986 Boat Hours Boating Occasions Public Accesses 2,526 516 Private Accesses, Marinas 7,353 1,387 Residents, Other Nonaccess 5,506 2,022 Users TOTAL 14,935 3,925 10 Figure 4 MINNETONKA AVERAc3E WEEKEND USE Figure 5 epn voP ¢ epp K ano `o � +np ' anp ono Pw MINNETONKA AVERAGE WEEKEN❑ USE pw O N-ReP MRS Figure 6 MINNETONKA AVERAGE WEEKEND USE Pnn aoo PnP a+n � ♦Pn ago aPn �•n P 11 contrary to their expressed concern for lake crowding, use the :Lake most frequently during the peak hours of 10:00 a.m. to 5:00 p.m. Residents also use the lake for shorter time periods, averaging 2.3 hours per boating occasion. Marinas users boat for longer periods of time (5.3 hours per occasion) and extend their boating experience much later in the evening, to the point that after 6:00 p.m., most of the boats on the lake are from marinas. Tables 4 and 5 present th- usage of various areas of the lake for all boats on the lake. Table 4 presents the actual counts of boats observed on the lake and the average counts for the June 15 to August 30 period. Table 5 presents the same data as a percentage of total boats observed each day. It is interesting to note the relatively wide dispersal of boating usage throughout the lake. Area 41 (Lower Lake South) had the greatest seasonal usage with 13.8% of the boats during the June to August time period. This varied from a high of 27.7& of all boats on the lake on July 27 to a low of 4.3% on June 15. Area 42 (Lower Lake North) had the second greatest percentage of boats with 11.3% of all boats observed during the •June to August period being in this area. Area 19 (Lord Fletchers) was the third highest count. Because of the relatively small size of Area 19 and the large number of boats, these counts represented the greatest den `y observed. 12 Table 4 OBSERVED BOAT COONIS Lake Area Totals Average Date: 1 04/19 05115 06/15 07113 07/27 08103 08/30 I Suaaa Count 13 Table 5 Percentage of Total Boats Average Date: 1 04/19 05110 06115 07113 07/27 08103 08/30 1 Summer I 1 (June-Aua.7 Late Area: : 1 1 5.41 2.7% 2.1% t.91 2.0I 2.01 1.8% 1 2.01 2 1 2.91 2.9I 0.61 1.01 0.91 0.61 0.91 1 0.01 3 1 0.9% 2.51 1.2% 2.21 1.6I 2.0% 1.711 1.71 23 1 1.42 1.1% 0.71 0.01 0.9% 1.61 1.211 1.02 29 1 2.1% 2.91 5.71 3.01 3.6% 5.01 6.31 1 5.01 25 1 0.31 1.81 2.3% 2.72 1.71 1.01 2.21 1 2.11 26 1 0.71 0.71 0.31 1.11 1.1% 0.51 2.0% 1 0.91 27 1 1.91 0.41 0.91 in 0.11 0.5% 0.3% 1 0.41 20 1 5.31 4.51 3.21 6.01 1.22 2.61 1.51 1 2.91 29 1 2.91 5.6% 4.01 4.61 4.21 4.21 4.211 4.31 30 1 5.5% 4.5% 1.61 1.01 0.91 1.51 0.9% : 1.3I 31 1 1.11 0.2% 0.11 0.31 0.11 0.11 0.71 1 0.31 32 1 0.01 0.01 0.61 J.51 0.51 0.71 0.31 1 0.51 33 1 0.0% 0.41 0.11 0.32 2.81 0.8% 0.111 0.91 39 1 1.01 2.01 1.11 3.01 6.51 0.71 1.0% 1 2.01 35 1 0.31 2.01 1.11 0.6% 1.2% 0.71 1.11 1 0.91 36 0.0% 13.62 6.6% 3.41 2.91 0.21 3.6% t 3.81 37 1 1.11 0.01 1.51 2.11 1.51 1.71 1.61 1 1.71 38 1 0.11 0.91 0.61 1.71 1.31 0.91 1.61 1 I.:% ;.9 1 0.61 3.12 2.11 2.9% 2.41 2.61 2.91 1 2.7% 90 1 1.42 0.71 0.91 3.1% 0.91 2.21 0.41 1 1.61 al 1 1.01 4.31 6.31 5.1% 27.71 16.01 14.6% I 13.8% 92 1 2.01 12.81 25.11 11.81 3.61 2.61 5.71 1 11.31 Total 1 100.01 100.0% 100.01 100.0% 100.01 IOD.02 100.0% 1 100.0% 14 Area 24 (Maxwell Bay), with three major marinas and located near the North Arm public access, had the fourth greatest number of boats observed. Area 29 (Wayzata Bay) adjacent to the City of Wayzata, with mar'..ds and yacht clubs and in close proximity to the Gray's Bay public accesses and marina, had the fifth highest boat count. Table 6 presents the number and type of each boat observed on each of the seven weekend days of aerial overflights in 1986. Table 6 OBSERVED DOM IN EACH LAKE AREA BY BOAT TYPE General Boat Type Date: April 19, 19B6 110:00-11:00 i.e.) 500 F. 1001 Clouds, Winds Nest 15-20 Knots Lake Areal Sail Cruiser Poser Boat Water Ski Fishing Heuseboat Pontoon Canoe Other ; iolal 33 : b 6 35 : 2 2 16 I 0 3__.__ 2 1 5 ro : 2 S 10 12 _ 1 IS T 20 —2 5_ 160 _b 11 12: 16 OBSERVED BOATS IN EACH LANE AREA BY 9OA1 TYPE 6eneral Boat Troe Total f 66 59 125 0 160 T 5 5 0; 967 17 OBSERVED BOATS IN EACH LAKE AREA BY BOAT TYPE General Boat Type Date: June 15, 1986 I2:00-3:00 p.m.) 900 P. 501 Clouds, Binds South 17 Knots Lake Area: Sail Cruiser Power Boat Water Ski Fishing Houseboat Pontoon Canoe Other I Tatal 18 OBSERVED BOATS IH EACH LAKE AREA BY BOAT TYPE General Boat Tr9e Total ' I56 III 597 II 64 14 B 7 1 ' 1,191 19 OBSERVED BOATS IN EACH LAKE AREA BY BOAT TYPE General Boat Type 7D OBSERVED BOATS IN EACH LAKE AREA BY BOAT TYPE General Boat Type Date: August 3, 1966 17:30-3:30 o.s.l 600 F. 01 Clouds, Kinds Nest 5-10 Knots l _ Tot t 779 113 J.70 39 37 71 19 17 6917.117 21 OBSERVED BOATS IN EACH LANE AREA BY BOAT TYPE Seneral Boat Type Date: Awaust 30 1906 I3:00-1:00 p.m.) 730 F. 101 Clouds Binds South 15 Knots Lake Area: Sail Cruiser Power Baal Water Ski Fishing Houseboat Pontoon Canoe Other ; Total Tai 22 C. Results - Resident, Marina and Access User Surveys Questionnaires were developed for each of the three types of interviews. Copies of these questionnaires are included in Appendix A, B and C. Public access users were interviewed during thirty 2-hour periods. All access interviews were conducted on weekend days distributed throughout the June 1 to August 30 time period. Interviews were conducted at three public accesses as follows: 1. Gray's Bay Dam public a^cess 2. North Arm public access 3. Sprinc Park public access Each of the three accesses was the site of interviews for ten 2-hour periods. The intc.view periods were randomly distributed throughout the season and throughout the day between the hours of L0:00 a.m. and 9:00 p.m. Marina and resident interviews were similarly dist-�-.uted throughout the season and were condu^ted on both weekei. .nd weekdays between the hours of 5:00 ,. and 7:00 p.m. The following numbers of interviews were obtained: 1. Public accesses - 152 2. Marinas - 114 3. Residents - 115 The results of the interviews conducted with users of —blic accesses, marina:, ar among lakeshore residents are presei:t in Tables 7 and 8. Most of the responses are self explanatory. It i.:: important, however, to point out eaveral comparisons. 21 Marina users were on the lake for the longest period of time per boating occasion, 5.3 hours, compared to 4.9 hours for public access users and 2.5 hours for residents. Fishing was the primary boating activity of 38% of public access users, compared to 78 and 9% for residents and marina users, respectively. When all boaters who were interviewed are considered, 19.7% listed their primary activity as fishing. Conversely, when all boaters who listed their primary activity as fishing are considered, 75.3% were found :o originate at public accesses. Residents were least likely to i_ water skiers. They are, however, most likely to list cruising or transportation as their primary activity. As expected, sailboat origination is largely concentrated at marinas. Boat and motor size shows the expected progression: smallest boats used by those who bring them by trailer to public accesses, followed by residents and marina users having the largest boats and motors. The lake is viewed as being crowded (or far too crowded) by 32%, 38% and 39% of public access users, residents and marina users, respectively. Forty-six percent of all boaters interviewed reported seeing some safety problem while boating. The most frequent incidents reported were: 1. Boats not yielding right of way, 2. Excessive speed and J. High wakes. u The lake appears to be relatively well ratrolled with 30% of the boaters reporting seeing an enforcement officer each time they boat. Only 1%, however, reported being spot checked by an enforcement officer. Public access users are repeat users of Lake Minnetonka. They reported using public accesses an average of 13.1 times during the past year (12-month period). Parking at public accesses is a major problem for access users with 66% reporting they were unable to find legal parking sometimes duri.,g the past year. They reported that this happened an average of 1.4 times during the year. Forty percent said that when they couldn't find legal parking that they went to another lake or did not boat that day. The remainder parked illegally or used other accesses. When asked to comment on problems encountered in using the access or improvements needed at the access, parking is the most frequent response. When asked if they would buy a special fee sticker for boating in Minnetonka, 61% of all boatere said yes, 25% said no and 14% said they didn't know. Of all boaters who said that they would buy a required sticker, :,,ore than 90% said it would not change the frequency of boating on Lake Minnetonka. Residents are least likely and marina users are most likely to have alcohol on board with 15% and 46%, respectively. Almost 50% of all boaters interviewed e-pressed the opinion that boat operators should use n,.-alcoholic beverages only. Table 9 shows that the relative approval of alcohol consumption 25 does not depend on whether the boater had some type of alcoholic beverage on board. Lakeshore residents reported an average of 2.02 boats on the property. About 9% of these boats were owned by non-residents. This meant that 5.5% of all households had a boat moored there that was owned by a non-resident. While 58% reported that boats were only operated by full time residents, an additional 32% said boats were operated by non-resident family members or students home for the summer. Only 8% reported boats operated by neighbors, friends or others. Table 7 Tabulation of Responses to Interviews Conducted with Users of Public Accesses, Marinas and Among Lakeshore Residents of Lake Minnetonka in 1986 DATA ITEM 1. Number of Boat Occupant. Adult. per Boat Toone per Boat Children per Boat Total per Boat 2. I Occupant* Wearing Life Jackets Adult* Teen. Children 3. Where did you launch? At Thi• AccaB. Other Public Acceue Other 4, Average amount paid to Launch? 6. Where did you perk? At.... Lot Another Lot street Friend's New At Mow Other 6, Average dietenee to perking if net In access Lot (Mlles) 7. Did you launch today? Yee Me 7A. If not todayr when did you L.unoh? Yesterday 2 — 7 gays Ago S. Average time on the lake Weekend (Hour.) Weekday (Mae ra) S. Primary boating activity FI*hing Water S ling Selling Crul.ing T nn.... t.tlon 10. Average length of boat (Feat) II. Avarq. eltw of motor IHer.ep... r) ACCESS SURVEY RESIDENT SURVEY MARINA 911n1 (147) (m) (1141 2.0 0.2 0.2 3.0 2.9 3.6 3% 0% 91% (1491 98% 2% 1% $0.00 (149) 8451 4% 2h 3% 6% 3% (191 1.3 (149) 99% is I tael 11 1f (1461 (716) (1131 4.9 2.5 5.3 2.0 3.- 11471 (1151 (1141 3B9 71L 1n 10% 1 Ol 39 452 54% Is 17% 11") (1151 !71• 16 20 (1491 11131 tt9 131 1N 2: 2.7 DATA ITEM ACCESS SURVEY RESIDENT SUP,E MARINA SURVEY 13. Average distance to home (MI Lee) 14. Average distance driven to ecc... /marine (Hits.) IS. Have you taken a boat safety course? Yee No 16. Anyone else in group/rooidence taken boat sufacy sources? Yea No Dent Know Aisne 17. Perception of safety of the number of boat, on lake Few Boats About Right Crowded For Too Crowded Don't Kau. 18. Would return if .... nu cber of boat. Yea No 19. Did you aee safety problems white boating? Yee He IBA. What did you sae? Near Mies Or CulLl.lon High Wake. Overloaded Basta Boma Too CLooe To Sharer Docks Alcohol Use Boat. Not Yielding Right of Way Excessive Speed Other 20. Did you ash an enforcement officer? Yea No Don't Know (129) [110] 18.3 14.5 11281 (112] 14.6 14.1 (1491 (1151 11141 37% 44% 471 In 56% 54% (1491 11131 P114) 3711 55% 33% 631 43% 54% 0% 2% 7% 0% 0% 1% [1431 (1151 (1141 14% 29% 19% 54% 34% 41% 5% 30% 31% 7% B% 0% 1% (1491 98% a 11491 11151 (1141 46% 40% 52% 54% 60% 40% (661 IQ) (69) 10% 13% 14% 38% 26% 44% 12% 15% 7% 12% 32% 9% 12% 11% 5% 54S 51% 59% 40% 74% 46% 10% 13% 9% I14s1 (1151 tilt] 33% 21% 36% 67% 79% 61% 0% 0% 1% '8 DATA ITEM 20A. Agency of enforcement officer sheriff Uspsrtmant Conservation Officer Park Petite Other Don't Know SLID, Were you spot checked by officer? yes No Don't Know 21. Have you used this access before? Yea No 21A. When did you teat use this access? ISM 1994 1985 Aprit, 1985 Kay, 1988 June, 18s8 July. 1988 August, 1886 22. Average use of this access 1n last year [Number of times) 23. When did you see ether Ni nnr..rke accc so? 1978 Irso 1982 1984 1985 Fabarary, 1905 April, 1985 Key, 1985 June, 1986 JULY, 19S8 Augaet, ism 24. Average other Minnetonka access use In last year 25. Were you ever unable to find Legal perking? yes No ACCESS SURVEY RESIDENT SURVEY MARINA SURVEY (531 1231 1411 85% 8S% 05% 2% 0% 2% 2% 0% 0% 2% 4% 2' 9% 0% 12% (471 (231 (381 4% 0% % 96% 10% 90% O% 0% 3% [1491 89% 11% (1321 1% 7% 14% 1% 10% 24% 2% 14% (1401 0.5 11091 1z zz 2z % 31% 2% 2% 10% 21% 16% 5% (140) 4.0 (148) 68% 342 29 DATA ITEM ACCESS SURVEY RESIDENT BURVET MARINA SURVET 26A, Average Limas In peat year unab Le to find lapel parking (Number of Time) 259. Whet did you do If Legal parking tee unavailable? Used Another Lek. Parked Illegally Old Not Boat Other 28, Old you have problems using this access today? yes No 28A. What problem. did you have? Crowded For Parking Crowded For Launching/Landing Water Too Sh.LLow Ramp Not Maintained, Inadequate Ramp Blacked By Perk3d Care Not Enough Parking Other 184) 1.4 (98) 12% 30% 28% 74% (IQ) 32% Sell (48) 25% 21% 4% 25% 10% in 17% 27. What Improvements are needed at this &mm.? (1181 Better Directisnal Signs 3% Better Information Signs 6% Dock 36% Batter Access, Perking tot Lighting 7% Beacon Light Visible Frum Lake 8% Trash Containers 6% Trash Pickup 6% Toilets 12% Another Ramp 19% Better Enforcement 7% More Parking 65% Other 6% 28, Use of boat on other metro Lakes Ila) (115) (1131 (Averega Times) 5.1 0.1 0.5 Never 5a 95% 89% -'1 - 5 Times 19% 4% 7% 8 - 10 Time 11% 1% 3% 10 - 20 Time 8% 0% 1% Over 20 Time 8% 0% 0% 29. What era the busting use restrictions on Minnetonka? (14B) 1115) (114) Nona 1% 4% H% Speed Restrict lons/Oulat Water$ 57% 63% 56% Morespewer Restrictions 5% 1% 3% Twee Restrictions 9% 18% 6X Boat Type and Site Restrictions 3% 32 O% Are. of Lake Restrictions 40% 50% 4P1 Other 15% 24% 20y Don't %n$. 22% 14% 19t Kul DATA ITEM 30. "at Special. use restrictions era hooded on Minnetonka? None Speed Reetrictlane/Oulet Waters Horsepower Restrictions Time Restrictions Boat Type Sad Site R.strlctione Arse of Lake R..trictlone Other Don't Know 31. Coot of boetr motor, trailer. attached .quipmont (Average replacement cast) 32. Ameunt .pant an day'a boating actlriuee (Average expenditure) %0—$9 sic - $19 $20 — $29 Over $30 33. Price paid for ges.Lin. (Average coat per gallon) 34. Haw does gee price compare to Last year? Lee. Then Lust Yaar About The Some Hera Than Lsst Year Dent Know 35. Does your basting change if gas prices ere Leeer? Yam Na Don't Know SEA. How does your boating change? Beat No re Often Use Larger Motor Other 38. Nou:d ypu buy a required Minnetonka use sticker? Yee' No Don't Know 36A. Ham would it change your boating an Minnetonka? Increase Minnetonka Boating Not Change Minnetonka Boating Door.... Hinnatonke Boating Dent %now ACCESS SURVEY RESIDENT SURVEY MARINA SURVEY 0481 (1141 (114) 3% 4% 7% 48% 35% 32% 5% L% 4% 4% 7% 3% n a 4% 44% 50% 51% 44% 66% 47% 9% 3% 3% 0451 I105) (981 $12,317 $17,826 $23,893 11") $21.68 26% 26% 22% 24% (1231 (651 $1.00 $1.16 (1371 (Be) 92% 9R 6% 2% 2% 0% 2% Bf (1481 (1d91 2% 1% 97% 96 0% 1% (4) (2) 75% 25% 100% 25% 11491 0151 11141 50% 67% 02% 28% 22% 2" 16% 11% 14% 1841 (701 (711 3% t% 14% 89% 92% 92% 4% ON 6% 4- 7% 1% DATA ITEM ACCESS SURVEY RESIDEILT BURVEY MRINA SURVEY 37, What beverages did you have on your boat today? (1481 11141 (1121 Soft Drinks 75% 28% 711 Coffee, Tea, Water 40S M BB% Other Nonalcoho Lic Beverages 22% 0% SB% Baer 38% 13% BB% Mine 11% %% 31% Other AlcohoLic Beverages 3% 9% 18% None 7% 55% %% 3B. What beverage use Is sppropi.to for bast operators? (1431 (1151 (1141 No naLcoh.tic Beverages Only 48% 51s 51% Beer, Mina or Nonslcoho Llc Beverages Only 19% 20% 12% Any Atauh4lic or Nana LeohoLlc Beverages 36% 90% 37% Don't Know 0% 1% 0% 38A. Indicated el.cohoL consumption Is acceptable but 28% 41% 401 should be in moderation 39. Total household Income before taxes Lest year? (I"1 (1151 ME] Lees than $5,000 0% 0% 0% a 5,000 - t 9,000 0% 0% 0% '1.000 - 14,999 1% 0% 1% lb.000 - 181999 9% 1% 1% 20,000 - .29,999 16% 1% 29 30,000 - 39,999 20% as 7% 40.000 - 49,999 20% 11% 171 50,000 - 74,999 22% M 40% $75,000 or More 3% 37% 23% Don't know 1% B% 1% 40. Boot Type (1481 (1151 (1141 Rtehing 37% 14% 3% Runabout 48% 70% 31% Sall 0% 4% 20% Pontoon 0% 0% 3% ram0e 2% 1% D% Cruiser 11% 11% 43% Other 2% 0% 1% DATA ITEM ACCESS SURVEY RESIDENT SURVEY MARINA SURVEY 41. Areas of the lake vlated by boat Area Nu aber 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 i6 17 19 19 20 21 22 23 24 25 26 27 29 29 30 31 32 33 34 35 36 37 38 33 40 41 42 5% 3% 7% 7% 5% u 7% 0% 9% 1% 19% 4% 1? 5% 4% 3% 8% 4% 8% 21% 14% eS DE 6% 13% 11% 4% 13% 16% S% 1% 1% 03 1% 1% 3% 1% 4% 5% 3% S% 36% 4% 1% 1E 7% 12E 5% 4% 16% 16% 6% 9% 1% 1% 1E 0% 0% 0% 1% 4% 5% 4% 1% 2% 3% 9% 12% 1% 6% 10% iZ QE 4% tE 3% 7% 1U% 9% 0% 1% 2E 174 26% DATA ITEM 42. 43. 44. 45. 45. 47. 48. 49 ACCESS SURVEY RESIDENT SURVEY MARINA SURVEY ADDITIONAL RESIDENT AM MARINA QUESTIONS Perceptions of safety of uoual number of boots on Minnetonka (1151 (1141 Fee Boat. 9% OS About Night In 25% Crowded 66% 81% Far Tao Crowded I" 14% Busting Ocoaslane par month [1151 (1071 (Average Number] 14.0 12.5 Percent of boating on weekday. (1151 11121 (Average] 453 32% Percent of boating on Saturdays (1151 11121 (Average] 27% 33S Pernant of besting on Sundays (115) (1121 (Average) Pb% 35t Average number of boats on prapnrty (1151 Fishing 0.34 Runabout 0.90 Bail 0.30 Pontoon 0.05 Care. 0.20 Cruiser 0.17 Other 0.05 Total Bout. 2.02 Average number of boats owned by nenraeidenta (115) Fishing 0.02 Runabout u.00 Salt 0.04 Pontoon 0.01 Deno. 0.04 Cruiser (.^.0 Other 0.02 Total Boats U.18 Parsons that e„^grata boats kept on property (11b) ' Mon... Want family wemb.re 1r4 Students home for summer Short tore guests ?E We, term g..at. ST Friend. :t Nelghber. 2% Other. 4% Only fuLi time residents 5Bi M Table 8 OTHER COWIENTS The following pages contain answers that were clarified as 'other' on I survey results. These responses are grouped i',,Je• the question that was askei by survey type. In parentheses follc ;;A the response are the number of respondents that ..e similar comments. While you were boatln5 : you see any incidents that you consider,d to be safety problems? - Other Neepcnaes ACCESS SUPVEvt o Big Lo.t6 with wide open throttle. o Wind surfing alone in middle of lake. o .�.�,u71ng on moving platform. o Water skiers. o Swimming in high traffic area. o Drinking. o Not knowing which way to go. ay no heed to lan-a) o There's no consideration for fishermen. o Paying no attention to skiers. o Being irmant:.derate - need better , n �rct-ent glvc Light of way, don't try to run down swimmers. (2) o Being towed in high traffic area. o kr->sdriving big boa's Arratically. f .�sY SURVEYa o dater skier in a crowded area. o Peo-le who don't know how to drive. o ➢ls�outaous to skiers MARINA SUFVEYr o Pot. :oat driving ability fo Not ¢nowlwj which way to go. o Boat -oInv on wrong lane t1 o Sailors do, .eicr people. o 'a al `1^hts on ruru: .., at . t' If all boaters on Lake Minnetonka were required to purchase a special at •ker to use the lake, would you buy one? ACCESS SURVEY% o Depends on how much. (1E) o $5 o.k. pe- season. (2) o $16 a season Is reasonab.`e. (2) o No, I don't like the lakr because it's crowded o Not over 150 per year. o Should cost areording to boat sire. o It would depend on course it took - would it be for season? - would people-it%a'_ get tickets fox 13 legal parking. o At $200 per year someone would have to launch for me SID is reasonable. o Not change hosting if annual charge- decrease boating if charge per outing. (2) o $20 a year is reasonable to provide more water patrol and keep weed free. (2) o If It went to police enforcement for the lake. o $10 a year yes, $100 a year no, but not to go into ti:e general revenue should be for this Lake. o Would it go Fnr more enforcement? (2) o Yes,-P.iess c,-.t was too prohibit. o How much? Wh for? o Depends on price - too many big [oats out here - rot worth ma ..an o More then $25 a season would be expensive. o I would fight this one. o But -bet for? If t i:+ a fee should go to better enforcement. .LENT SURVEYc .t's discriminatory. I par taxes. C. Dep^rds nn how mu:h. (3) o If ake better pdcrolled, then wourd. (2) o It's Just another ta.:r (e) o Woula a sticker de.^.roase boaters? o Year if on the order of the park. o Would take a tremc c at like $100 to change boating. o , I'd vote against it. o 'We pay taxes - let pe who don't live a, lake t.ty a sticker. o Year but then why do ' r taxes? o Yea, they'd know hoc i people. o If money went to boater courses. o But what fnr? o If it went to pollee enforcement for the lake, o Yes, but I don't like it. o If it's to improve safety or clean up thr 'ake. (3) o If It liaired the number of 0 o Depends on how traffic is affected. o If it decreases the number of boats would increase my boating. MARINA SURVEYS o Ye,, 1f it was going to the exclusive use of this lake and would increase patrols. o Absolutely not - what this lake reeds is better enforcement. o How muchr Y: it for? (2' o Don't know would — rce Set number of boats on lake? o But what or? o But it ehonld come with a guarantee that the purchaser knows the lake regulations. o Wouldn't have much choice. o Yes - kicking and screaming o If there 1s a fee should go to better enforcement. (d) o Probably not change boating if It was a seasonal ticket sticker. o Probably no because I think the lake should be open to everyone and this would restrict the occasional boater. (3) o If there is a restricted cumber I would boat more often o Maybe -we probably would use it if we pay all this money for a slip. o If 1t went to education. o It's a sure way to get the motor boater off who comes once a mon and hogs the lake. o Why would they buy a sticker when can go to a different lake without one. o But I wouldn't like it. o Yes, if annual. o If boaters needed licenses like drivers of cars do I'd boat more often. Explain bow your boating has changed because of crowding? (Asked only on the resident and marina surveys) RESIDENT SURVEYS o Go out !n evening ne daytime on weekends. o We go .,at early on weekends -no noise and wakes to fight. p. Go out during week and lease lake to outsiders mostly on the weekends. Weekends are poison - if I sae it crowded I don't go out. (42) o CO out. during week when less traffic. (2) o Go when empty out there, osual'.y weekdays. (4) o Don go our qun, afternoon. (h} o Tend .> go out late after, causo red +.s too crowded. o Seldom boat on Fri. and S. !ening. o No Just makes It a challenye can we make it through the crowds) o I resent It -there's too much waekend Lrafflc on this lake -the public access should be lir.ited. 37 o Stay off weekehL.,, not so much crowds as uninformed boaters. (4) o The public access should be limited. o The weekends are cfowed,if worse came to worse, I may move. o Dou't go out on sunny warm weekend days. o Don't. qo out on Sat. afternoon, too dangero!,c[ (9) o If wa.. are high we don't go out. MARINA SURVEY: o Use boat ea.lier in the day. o I go out when I can and screw the crowds. 0 I race, but sometimes the indifference of motor boat operators makes me wonder why. o I boat early so fish aren't inactive -they are when busy. o No, but I work weekends -1£ I didn't I'm not sure I'd boat on Sat. cause it's crowded with people who don't know what they're doing. 0 Drinking is a problem -enforce a stronger law requiring courses and licensing and taking away that license if caught drinking and driving. o Don't go out on mid -summer weekends. o Don't go out on Sat. fewer families out with small children, I'm afraid. o We try to go out late evening or early day. o Don't go out on Sat. afternoon, too dangerous[ (6) o No, because we can't boat during week. o We come out on weekends, regardless of crowds. o No, but I'd prefer to stay off on weekends, but I can't. o When really busy wakes are too high for water skiing. o Yes, I wish I didn't need to go out at all on weekends, but I must work. o Weekends are dangerously crowded! (3) o Stay off lake on Sat. -kids go out on Sun. but I don't like the inexperience that's out there. o Have to come out when I'm not working. 0 1 seldom come out on weekends -I can do it because I'm retired -if not I t,.ink I .Ould give up this lake. O Hit h; a boat wnile windsurfing -it's dangerous to be out when crowded! o I get uncomfortable with the bad crowds, so I get off. o • Go out during week when less traff':-except to go eat. (3) o Don't usually come out On hoJ}day weekends. (2) l:, What special boating use restrictions do you feel are needed on thin lake? ACCESS SURVEYS o What is size limit? Should be sized down! o Use permit. o Better enforcement. (23) o Courtesy to skiers - yield to them. o Special area for skiers (3) o Low wake thru channels. o Lighted or blinking buoys. o Life jackets. o Night restrictloi. o Age restriction. o Age restriction for Jet boats. o Cross waves are too big from the big boatsl o Area for fishermen. (3) o After dark cloned throttle - 40 mile an hr. limit. o Sailboat lights should be at boat level not on top. o Slow everybody down. o Don't boat while drunk - controlled drinking. (27) o Issue licenses after passing a boating test. RESIDENT SURVEYi o Courtesy -like yielding to sailbo:ta. o Nolan control..(3) o Racing boats should be banned - anything over 30 should be banned. o Better enforcement (24) o Courtesy passing on proper side and right of way. o Special area for skiers. (3) o Pollution regulations - not 'throw beer cans in the water. o Cross wave are too big from the big hostel o Life jackets. (2) o Control the number of ..uata allowed at any given time. (2) o Aircraft restrictions - should not land a plane on this lake. o Speed and noise control. (2) o• Jet boats are over -powered. o Don't boat while drunk - controlled drinking. (32) o Skiing restriction, everyone go one-way. o "I t the access areas. (2) o People should be limited - should pay a fee per size of boat and ramps should restrict number of people per day. (5) o Restrict amount of power, boats use. (a use sticker with fund to police patrol) o Restriction on number of big motor boats allowed on the lake. o Area for fishermen. o Issue licenses after passing a boating test. (6) 39 MARINA saRVBy, o Should have limited numbers especially during peak times. o Better enforcemer., (20) o Restrict amount of "er, boats use. (a use sticker with funding to police patrol) (2) o Should need a permit to boat here and the public access. o Restrict number of motor boats or keep them out of the good sailing bays. o portable bath -tub type boats can't stand wind 20 mph and they capsize should be prohibited from lake. o Limited motor boatingl (2) o Limit on sailboats or limit on times they can sail. o Cut back on number of boats allowed - restrict number of launcbs to number of available parking places. o Speclal area for sailboats. (2) o Fire extinguishers! o Safety courses. o Be certain all boaters kaow which way to go. o Restrict number boats moored on lake - it's comfortable now. o Area for fishermen o Don't boat while drunk - controlled drinking. (17) o No alcoholl o Issue licenses after passing a filmed boating test. (12) o Life jackets) (2) o Special area for 'ski,rs. o No canoes. o After dark closed throttle-40 mile limit. EHI General comments ACCESS SURVEYt o Those guys (late teens) were high on something. o Open up other side of Lebo lake, there's parking there that's not being used. MARINA SURVEYx o Should be limited access to this lake. Charge a fee at public access with something to restrict numbers. o L.M.CD. has a responsibility to see to the safe .. ti,'.s lake -there are too many Inexperienced and ill prepared boats.... L.M.C.D. has way too much power -everything Is subjert to the approval of the exec. director -he has veto power over any ordinance -it's far too much power 'or an appointed person to have. I'm just against bureaucracy -there's too much regulation and it's in the hands of one man -he controls the lake. (the exec. director) Access points; boat equipment, it's not so much what is done as the awesome power of just one man and he's appointed not elected. Table 9 Access Resident Marina Attitudes Towards Alcohol Consumption By Boat Operators Beverage on Board Only Non -alcohol Alcohol Attitude About Consumption Non -alcohol Alcohol 63% 37% 46% 54% 85% 15% 51% 49% 54% 46% 51% 49% APPENDIX A Public Access Questionnaire LAME MINETOMG ACCE>N INTERVIEW DALLY DATE INTERVIEW 1 INTERVIEWER ACCESS P OF BOAT OCCUPANTS Nutta Teenepera Chi Ldran P OCCUPANTS WEARING LIFE JACKETS Adults _Tonnapors Chi tdren HELLO. MY NAME IS - - --—_L—I'M CONDUCTING A SURVEY WITH BOATERS ON THIS LAKr- COUD TOU TALE A FEW MItMES T'• ANSWER SOME QUESTION"? OWhere did you Launch your boat? (00 MOT REM RESPONSES] 1 Nero at this access _4_ Marine DC Anther public access _6Other (SPECIFY ) Private access Og How much did you pay to Launh? (Dopers) O8 Whore did you park? (00 NOT READ LEEPONSES1 _1_ In lot at access 100 TO OUESTION 41 Q_ Another lot _5_ At my hove 60 TO GUESTION 9 Street _S_ Oather (SPECIFY 1 I 3A 0_ Friend's huma/cB '• 3A. Now for away wee that? mites (use 1/4. 1/2. 3/4. 1. 2 etc.) Oy.le it today that you launched? Yas What ties did ycu Launh? AM PM (CIRCLE 06E) That moans you were on the lake about huurs. Ia that correct? 60 TO OUESI ION 5 No What day wag it? _1_ Yuetcrdey 3_ 8-14 days ago 2 2-7 days o^n _6 Earlier than 14 days ago V What was your group'e prinary activity an the Lake today? (CITICLY ONE) _I_Fishing _3 Sal ling _5_Dust Ride _2_ Note Skiing _4_ Canoeing _B_ Transportation To/From (OP: Wham did you go on the Joke tncoyY (SNU' NIPHZETOWA MAP ASK FOR LAKE AREA) OO. Area Araa A.ea Arta OWhat length is Ycur boot? _ foot OWhat a to Tutor do you ho va? .. _ Fnrtepnwer (_yl.J__ l rmto r. 9GO do.ic unr,1 V Mar hon many Oat Lana at yes did yuu owe .Ai to beatby? ___ Se I tumo-. (_000_ne ator. _099_Jrn'e i :L 10 Do you have a hem.. or other residence on this lake? _7_ Yee Inc YES. TERMINATE IiirmiEW) No (IF Mo 00 TO MESfION 10A AM ISO J ^`- 1OA. Hoe far in your home from hare? _ miles 1011. Hoe any miles did you drive to use this •,case today? __ miles IRON WE HAVE SOME QUESTIONS ABOUT MATING SAFETY, 11 Have you yourself ever taken a course in boating safety? —J_Yas --A— No _R_ Don't Knor✓Not Sure __A__ Other (Specify ©P Has anybody also on your boat taken a boating safety course? 1_ Yee _2_ No d_ 't Kno.✓NOt Sure O_ Alone On Boat 19 From a safety stendpcintr boo did you feel about the number of boats on the lake ? Was tha lake.? !READ CATEGORIES AND CIRCLE NNE) About Right _2_ Crowded or _3_ For Too Crowded to be Safe? (_4_ Few Beets More Don't Know/tle Resp... a] OWould you cone boo cc this lake if you If you knew there "are going to ba about the earn numbar of bauta? _1_ Yee _2_ No _A_ Don't Kno. OWhile you were boatingp did you see any incidents that you considered to be safety prat,Leto? 1_ Yes (00 TO QUESTION 15A) 15A. ;IF YES) Tell we net you me. JOB NOT BEM LIST, CIRCLE ALL THAT ARE NENTI 1_Ilear Mi.. or Collision _5 Use of Alcohol _2_ High Wakes 0 Be.-, not Yielding Right —of —Way _3_ Overloaded bestw _7 Othe• Carelessness [Co" ribs_ _4_ Boats too Close to Shore or Banks _8_ Excessive Speed Nu _B_ Don't Know/H.t 9.. _0_ No Mower 160 TO '.ITIOM 161 1S White you ware on the Lake& did yuu happen to see an enforcecent offl:er? _t_ Y.. (00 TO GUESTMN IDA AND QUESTION 1001 TPA, (IF YES) Whet agency sae the officer from? _1 SharifPe 2 Coneervstlon _3 Park _4_ ether _ 9 00n't Know/ pepartment Ofricer IL11ae Not S. e 168. Were you rput ah,ckad by that officer? _1 Yes _2 No 9 Don't Knew/Rat E. 1 _2_ He g Dan'. Kn,,,/Ul Idn't Tell For Sore ( Al Td WE9f ION 16) IKe A EFW BUL.STION9 ABU91 ULS ACCESS V Ileve You ever used this uu na befc r.? I Yea z Nu 9 Uun't xucWnut fore •1 i ©B When was the Lest time you used this access? [DATE) /8 How ..any tlmay i-Ve you ..ad this ace.. in the peat 12 months? __[NUMBER) Q[Man eu the Le.t V.+w you used g[her accesses on Lake Binnstmnks? _ — . ,.(DATE) OMoe many time& have you used r accesses on Lakr Minnetonka in the past ie =.the? 1 QHave you ever tried to use ar .,,,- could sot rind! Legal parking? t Yea (00 TO OOESTIONS 22A &0 021 SEA. Now many times did that happen this peer? (TIMES) 22B. Whet did you do when you couldn't find LegoL parking? 100 NlT lEAO. CIRCLE All, MENTION®) 1 Used another Lake 3 Didn' at that day 2_ Perked'LLe,SLLY _4_OthL TIFY _J 2, No LOU TO QUESTION PS) ODid you have any particular problems using this access today? _1_ Yes LOD TO DDESTIDN 23A) 23A. (IF YES. ASKj Vhat was the problem? (DO NOT READ LIST. CIRCLE ALL THAT ARE MENTIONED) _1 Crowded access far parking _8 Inadequate signing __ 2 Crowded access for Launching/ land i tp _7_ Sel mmere/Skiiers near ramp _3 Vista, too onetime _A_ Pomp blacked by perked cmrsr camper . Ramp not mall maintalned nr inudequate _9_ Not enough parking at commas _4_ 10_ Other (SPECIFY _2_ We _S_ Don't Knme/Y.mc Sure LOD TO OIESTION 24) which of the folk J lmprovamunto de you fread&. at this Leaman site? (READ LIST. CIRCLE ._ YES ANSWERS) 1 . @:tier Bl ,scrim.? 2igns to ,:came _ _ Bcscon Light Yisibta _B_ To, Leta _2 Batter Info rrstional argue at Accue. t'rno tusk. 9_ Another nemp _3_ A Bock to Ee.o Launching _r :.h Co -'nicer. 10_ Batter Enforcement _4_ Bettei Lighting of Acoet'✓P.1'king Area _ _ ah Pi''uy it Mr. Parming at sew' 12_ Ar .' E,e.? (10%C1. t ^ pow r= ny tines P.we Yeu auner.ndt n nth. I JwL rL.rJCLLrven area is the :set 12 .:.w? ® What special boating use restrictions are there for this Leine? (DO NOT BENT LIST, CIRCLE ALL WSTIONED) O_ None _4_ Boat type and size restrictions Speed restrictions/Ouiet haters _fi Arco of Lake reetrictiuna _2 Horsepower restriction. N_ Other (WWIFY J Time restrictions _8_ Don't Know/RoL Sure ®] not speeiat booting use restrictions do you feel ere needed on this Lake? (READ LIST, CIRCLE ALL YES JUNW B1 _0 None _4_ Boat type and size restrictions t Speed restrictions/Quist Meters _fi Area of Lake restrictions 2 Horsepower restrictions 8 Other (SPECIFY Time restrictions _g_ Don't Kimw/Kot Sure Ee) If you were going to replete your boat, motor, traiLer a•+ other attached equipment, with similar new equipment about how much wouLd it cost? (DOLLARS) JUST A FEW FINAL QUESTIONS (& About how much money did your group spend on this particulor boating activity inc Luding gee for your beats bait, rental. food or drink ? III OHow much a Balton did you pay for boat gee? 4 PER GALLON How does that price compare to what you paid for gas Last your? Is it.... Lase Than Last Year 2_ About The Same _3_ More Than Lest Yeor ®g Does your boating change if gas prices am Lower? _1_ Yee (LD TO QUESTION MA1 MA. (IF YES) How does your boating change? IOU NOT BEAD LIST, CIRCLE ALL THAT ACC MENTION®) Boat More Often 4 Use Larger Boat 2 Use Larger Motor _B Different Boating Activities 3 Travel Farther to Boat (SPFEIF'y 1 Other (UESCBIBE 1 No _9_ Don't Know 100 TO QUESTION 321' 8�8 If all boaters on Lake Minnetonka more required to pu re has a special at i eke to us, the lake,...Ld you buy one? _7_ Yea (SO TO QUESTION 33A) 33A. How would the purchase of a sticker chmmgu the amount of beating you did on Minnetonka during a boating season? i would probably . . . (LEAD LIST AND CIRCLE BID NUMBER) _1_ Increase my beating on Minnetonka _2_ Not change my booting on Minnetmike ,3 Decrease my booting on Minnetonka e Don't Know No _SDon't Ksm 47 8O Which of the beverages an the white card did you have with you on the boat today? Just give as the Latter*. (CIRCLE ALL HENIIONEO) _A-1 Soft drink@ U-0 Bear _O-7_ None _B-B Coffee/Tea/Water _E-6 Wine Fi-B_ Refused to Answer _C-S_ Other Nonelcohotla _F-B_ Other Alcoholic _I-8_ Oon't Kno.✓IlDt Sure Which number on the yetto* card beet describes the type of beverage use you personal Ly feel in appropriate for boat operators ? Just give one nuvber. (CIRCLE ONE BLINDER] Non*LeehoLic beverages only Beer, wine or nonelcohatie beverage only IIF RESPONDFM REPLYS -IN WODERATIOW I CHECK HERE I Any alcoholic or nonetcoholie beverage I I I I 9_ Don't Known/ No Opinion I I ®B Which category on the blue card beet describes your tote L household income before tones lest year. PLeeee give an the Letter. (CIRCLE SNE LETTER] q_ Less then 1 5,000 (01) _E_, 020,000 - !29.989 (051 _I_ $75,000 Or Fare (091 1 5.000 - 91899 (021 _F_ S0.000 - 39.gas (OB) _Bg_ Refused to Answer C_ 100000 - 14.999 1031 _g_ 40.000 - 49.299 (07l _00_ Don't Know _0_ 15.000 - 40.999 (041 _H_ 50.000 - 74.988 (08) (EITHER OBSERVE OR ASK BOAT TYPE AND BOAT LICENSE NUNWER) BUT TYPE _ (i = Fishing; 2 = Runabout; 3 = S+ it; 4 = Pontoon; 5 = Carer; 6 = Other 1 BOAT LICENSE NO. (ASK FOR NONE TOWN AND ZIPCODE ) NONE TOWN ZIP CODE THAT'S THE END OF I* OLIEStICKS. THAW YOU VERY MGM. INTERVIEW ENDING TIME AN PH (CIRCLE ONE) 48 APPENDIX B Marina Questionnaire F) MINNETSRA MAOIIOL INTERVIEW INTEVIfY INFORMIITIRIN DATE INTERVIEWER MARINA NAME DAILY INTERVIEW 0- RESPONDENT ODALIFICATIOMSI Meet awn or regu Larly operate a boat (any type( that ie docked or adored on this take for the summer at a marine or at other cummerclat estob tlahment. Must be at least iB year. of agar have been out on this take at Least once during this boating season, and at least sometimes operate the beet themselves. HE'DMY NAME IS . I'M CONDUCTING A SURVEY OF BOATEM ON THIN LAKE. 3D LIKE TO ASK A FEW OOESTIONS OF THE BOAT OWNER OR OPERATOR. OWhen was the Lest time you used a boat on this lake? IOAY,DATEI 2O. Approximately what time did you Leave from shore? AM PM (CIRCLE WEI Aproximataty what time did you return hand? AN pit (CIRCLE ONE) That means you were on the Lake about hours. Is that correct? 3O. Did you yourself operate the boat for city of that time? Yea _2_ No AO. How many people including yourself were In your boat that day? OWhat was your groupie primary activity while besting? ICICCLE ONE ANSLERI Fishing _3_ Sailing _5_ Cruising _2_ Water Skiing _d_ CanoeI ng _0_ Trenupurtetion Tit Frum (SECIFY 8O When, did you go on the Less that day? ISIDN MJKWETON Map. AS FOR LANE AREA) Area Area _ Area Area OOn that day, wt. at Lypo of boot did you use? [CIRCLE ONE NUMBER) _t__ Fishing _a_ Pontoon 2 Runabout _5_ Canon —3_ Snit _ S_ Otl.r•r ISRCIFY__ __ 1 ,mat Ve the length of year boat? ____ re,.t OWhet sits veto, did you Isle? hW[., one, 113011 don't know; l0 10 About how many gal lone of gas did you use while boating that day? gal Lone (_JOB— no matory 9BB_ don@ know( 71 Now much a gotten did you pay for boat Use? 0 PER GALLON 12 lion does that price compare to whet you paid for gas Last year? Is It.... _t_ Lose Than Lest Year _2_ About T.s Same 3_ Fore Than teat Year 13 Does your boating change 1f gas prices are Lower? _7_ Yee (SO TO QUESTION 13A1 13A. (IF YES( How does your boating change? 100 NOT READ LIST. CIRCLE ALL THAT ABE NENTIOLDGII _1_ Boat More Often _4_ Use Larger Boat _2 Use Larger Peter _B Diffe rant Soeting Activities Travel Farther to Boat (SPfi1FY 1 _B_ Other (DESCRIBE 1 No Don't Know (GO TO QUESTION 141 14 Do you have a homer or other residence on this Lake? _1_ Yes E„ No 1b Now for is your hone from here? __ sites ©e How many mites did you drive today to reach this marine ? _ otters NOW ME HAVE SOME QUESTIONS ABOUT BOATING ]3_AFE' 77 Have you yourself ever taken a course In boating safety? _1_Yas _2_No _S_ Don't Know/Not Sun 9 Other (Spec 1B Has anybody on your boat token a boating safety course? you _2_ No _g_ Don't K ../N.t Sun 19 From a safety stendpointr how did you feel stout the akEebjr of boats ou thla Lcka while you were booting? Was the take ...?(RHO CATEGORIES ALA CIRCLE ONE) About Right _2_ Crowded or _3_ For Too Cruede.l to to Sofa? 1__4_Fcw Bost, Here Don't Knrw/N. Rne;•enr,al OAtom m e raft., nlendkointr do y.. feet it,. Luke la �,U.tLy.... 7 (ININD CATEGORIES AND CO U OE) _1__ Ab.'at Right —2— Crowded or _3_ Far Too Crre!ed 'u L. -aft? ®1 Whi to you were boot i ngr did you see any speo ifia incident that you cone l do red to be safety I, rob l cos? _I_ Yea (80 TO QUESTION 21A1 e1A. (IF YES) Tell no what you sae. (CIRCLE ALL THAT ARE IBffION®r DO NOT wm LIST) 7� Neer Mies or Col titles _5� Use of Alcohol E_ High Note. 6 Boats not Yielding Right —of —Nay _9 Overloaded Boat 7 Other Carelessness (Describe Botts too Close to Shore/Docks _ B_ Excessive Speed _2_ No _O. Don't Know/Not Sure D_ No Aneear (80 TOBUESTION221 ®2 Whl to you were on the lake that dayr did you happen to coo an enforcement officer? Yee (80 TO allESTION 22A AiO OUE,RION 2281 22A. (IF YES) What agency was the officer from? 1_ Sheriff's E_ Conservation _3_ Pork _4_ Other _ 8_ Don't Know/ Department Officer Pa Lire Not Sure 2.28. Were you spot checked by that officer? Yea _2_ He _A_ DWI: Knom/Not Sura 2_ No _8_ Don't Know/Couldn't Tell For Sure jGO TO QUESTION 231 ®3 How often hove you wood o boat on other wtropolitan area totes in the lest 12 wonths? time. 24 '..net spacial booting Use ro ttrietien3 are there for this lake? (CIRCLE ALL MENTIONED) _0 More _<_ Boat type and sire restrictions _1_ Speed rest, A.os/Oulst Walcrs _5_ A,. of take re.trictlr. r. _2 Horsepower restriction. �S Other (SPECIFY 3 Time restriction. 9 Oun't Koow/Not Sure OI.h.t s, let boat,,., .ss retiriett., .1. you feel are otaL.d on this Ictu? (CIH:tE ALL MF 1001001 D tram a `_5_ Wmt ty, sod else ru trio le, a. 1 Strad retVle [lone A, of lane reset is U rns __2__ Harrekowwr reetr'lctinnu B__ J9 Other (SPECIFY 3 Tlmm reotrroticne Pnn't Ki.ow/IPrt Sure OAbout how often does your boat got used on this lake during on overage eunwar month? TIM6q OApproximately what percent of your boating activity occurs on week days? i on Sotu Nay? on Sunday? ITCTAL = 100%) 2& During what hours do you boat most frequently on week days? IPmbe for specific time period) Exempt.[ 9-10 AN) on Setu Nay? on Sunday? 2g Do crowded conditions cause you to boat lees frequently or at different times of the day, of the smek, or of the season? Yea Messe Explain hom your boating use hca Clanged because of arawdino 1 No JUST A FEW FINAL QUEBROMS 3�0 If you were going to replace your booty motorr trailer and ot1ur attached equipments with similar now equipment, about haw much would it coat? (DOLLARS) 31 If all boaters on Lake Minnetonka were required to purchase a special sticker to uae the lake, would you buy one? _i_ Yee Igo 10 WMIDN SIA) 31A. Now would the purchase of a sticker change the umonnt of orating you do on Minnetonka during a booting season? I wootd probably . . . (READ LIST AND CIRCLE ONE NUMBER) 1 Lr.reene my booting on Ninuctnnke 2� Not chnngn my boating on Nimmtonke _3 Occreoce cy boating on Minnetonka 9 Don't Know 2_ Nm _ 9— Onn'u Knew 11 3 ® Which of the beverages on the white card did you have with you on the boat the Last tine you were out? Just give as the letters. (CIRCLE ALL RENTIONED] Soft drinks _O-4_ Beer rr7 Nona Coffee/Tee/Water _E-9_ Wine H-R. Refused to Answer _0-9_ Other Nonalchohclic ,F-g_ Other ALchoho Lic _l S„ Don't Know/Not Sure 33 Which number on the yellow card best describes tho type of heversgu use you personally reel Is appropriate far boat operators ? Just give one number. (CIRCLE ONE LETTER) 1_ Nonalcoholic beveragea only 2_ Smarr wine or nonalcoholic beverage only Any alcoholic or oonelcaholic beverage _9. Don't Kuor✓ No Opinion IIF RESPONDENT REPLYS'IN NDDERATIOM I (_,.CHECK HERE I I 1 34 Which category on the blue card bout describes your tote L household income before taxes lest year. Ptsoaa give we the latter. (CIRCLE OBE LETTER] LOea than 6 5,000 (Oil _E_ a20,000 - $29,999 (05) _I_ 875,000 Or Yarn (091 _B 6 5,000 - 9,999 (021 `p— 30,000 - 39,999 (us) _BB_ Refused to Answer 10,000 - 14,999 109) _g 40,1100 49,999 (07) _99_ Don't Know D_ 15,000 - 18.999 (04) _N_ 60,000 - 74,999 (081 (EITHER OBSERVE OR AM BOAT TYPE AIL BOAT LICENSE NUHBFRI BOAT TYPE (1 = Fi �h l ngl 2 = Hunob cu it 3 = Sail; 4 = Netoa nR 5 = Came 6 c Other 1 BOAT LICENSE W. (ABM FOR NONE TO" AND ZIPCODE ) HOME TOWN ZIP CODE THAT'S THE END Or THE OVIECTIONS. WPM YOU VERY NDCM. 1!fTEPV'IYI lfvll"U 7"1 ____________— ____ AN PH (CIRCA ONE) APPENDIX C Resident Questionnaire MINMETONIA RESIDENT INTERVIEW INTERVIEW INFURIATION DATE INTERVIEWER __ LAKE SNORE LOCATION DAILY INTERVIEW RESPONDENT OIIALIF2CATIONS Most awn or regularly operate a boat (any type) that is docked or moored on this lake for the summer on their own or friend. property - moonlit keep it In a marina or at other commercial astab Lishment. Must be at least 18 years of age, have been out on this lake at least once during this boating season, mod at toast sometimes operate the beet themtalves. HELLS, MY MANE I8 . I'M CONDUCTING A SURVEY OF FLOATERS ON THIS LAKE, I% LIKE TO ASK A FBI QUESTIONS OF ANYONE 18 YEARS OR OLDER WHO LIVES KEW AND HAS OPERATED A BRAT ON THIS LAKE THIS YEAR OWhen was the Lest time you used a beet me this lake?__ (OAY,OATE) 2�. Approximately what time did you leave from there? _ AM PM (CIRCLE ONE( Apromimetely what time did you return hoes? AM PM (CIRCLE ONE) That means you were on the lake about hours. Ic that correct? ODid you yourself op^rate the boat for may of that time? Yee _2_ No ONow many people including younatf were In your boat that day? OWhat ..a your group'. primary activity while booting? (CIRCLE ONE ANSWER) _7_ Fishing _3_ Selltag _5_ Cruising _2_ Water Skling _a_ C.... In, _8_ Tr.ospnrtetion To/From (SPECIFY 1 (D Where did you gm on the ek. that duy? ISMOW IIIk.—JO" MAP, ASK FO:1 LAKL AREA) Arun _ Ara. ____ Area �;res ]O. On that duy, "not typu of treat did yuu uuu? ICIRCLE ONE HUMBLRI Fiahing _A Pontoon Runcbnut _5 Canon Sall _6_ Oth.r O"at le the Ixny to of your Lost? lest Gwbr.1 air. mnt., did y^. 1-0 hu, "o ri f tC0 i® 10. About how many Bat Loris of gee did you use while boating that tiny? ___ Oa Llano [__POD_ n0 actor, .999, don't know) NOW IME HAVE BE.& QUESTION ABOUT BL 4TING $IIFETY. 11 Have you yourealf aver taken a ^se in boating safety? 7—Y.6 _9—No _g_ Otn't Knor/Nut9ura _4_Other [Specify 1 19 Iles anybody al Be who Li vac at thl6 a.'d re so ever taken a bee tl mg safety cou rue? _1_ You �2� No _,G_ Don't Know/Not IAn 1' Frnm a safety standpnintr how did you fcoL about the number of boats on this Lake the Last time YOU ware boating? Was the Lake.?(fEAO CATEGORIES AM CIRCLE ONE) _1_ About Right _2_ Crowded or _3_ Far Too Crowded to be Safe? (4_ Few Goat. Han Don't Knou/N. Aecponea) Again from a Bellboy standpointw do you feel the lake Is usual Ly....? (HEAD CATEGORIES AM CIRCLE ORE) _1_ About Right _2_ Crowded or _3_ Far Tao Crowded to be Safe? (@The Leat time you he re boat l ng, did you see any rpac i fit Ina Ideuts that you cons l do red to be safat) prob Tarr` _i_ You (80 TO QUESTION 14A) 16A. [IF YES) fail me what you saw, (CIRCLE ALL THAT ARE MENTION®. DO NOf READ LIST) Near mi.. or Col lislon 6 Lisa of Alcohol _2_ High Nakao _9 _ Beats not Yielding Right -of -May _3_ Overloaded Boat _7_ nnc, Carol ass nee. [Describ. _4 Boot. too Close to Slaim/Cocks B Eec.ssive Sped _2_ No 9_ Dealt Ke.a/Not Sure _0_ No An...r IGO TOQUESTIONIB) 18 While you were on the Leks that day. :.: you happen to tse an enforccrent arfi,r7 You (BO TO QUESTION RSA AM QUESIION 16B) 16A. (IF YES) Whet agency wee thn effiear from? Sheriff's _2_ Cc ...... titan _J ptrk _4_. Other _9 Don't Know/ ❑.pertaant Officer Paths Not Sur. 16P, werr Ye.. 'fat rhrl �ad by It off it er? 1 V, P No _ 9 Don't I .ea/ Ih t ^„ra No 3 Nan't 9.... Gadan't TeLI Far',.e (W TO GUMIOM 17) 1© How often have you used your beat on other eotropolitan area takes it the lest 19 meths? time ©B What spoalel boating use restriction, are there for this take? (CIRCLE ALL REW101E01 _0 None _4_ poet type and size restrictions Speed restrtctionad0utat Waters _6 Area of lake rnstri.tions _2 Horsepower restrictions _S Other (SPECIFY 1 Tie, restriction. _9_ Don't Knos/Nat Sure 1S Whet soeelal busting use reitrictione do you feel era needed on thl, lake? (CIRCLE ALL IENTION D) D_ None _4 Beet type and size restriction. _1 Speed restrictions _6 Area of lake restrictions _.2 Horsepower restrictions S Other (SPEC' 1 Tim restrictions _S_ Don't Knaw/N ra ©ll About haw often do you or a member of your household hoot on this to" during an average summer month? Tl E ®1 Approximately what percent of year boating activity occurs on week day ? _i on Saturday? i on Sunday? _f (TOTAL = 1001 ®2 During shot hours 10 you boot moat frequently on week days? __ 1Pnne for specific Lisa pertadl useple: B-10 AN1 on Set. rdey? on Sunday? ®3 Do crowded condition. reuse you to boat Use frsq".ntly Or at different time of the do,, of the seat, or of the season? _1 You (PI.... Bxplein he. your b ctinry• use be. eh.n zd because of crwdlna 2 NO JUST A FEW FINAL QUESTIONS ®4 If you were going to replace your haste motor, trailer mnd other attached equipmento with similar new equipments about how much would it coat^ [DOLLARS] ® If all boaters on Lake Minnetonka are required to purchase a special sticker t0 use the lake, would you buy am? 1_ Yea (60 TO QUESTION 25A) 26A, Now would the purchase of a sticker change the amount of boating you do on Minnetonka during a boating season? I would probably . . . (READ LIST AND CIRCLE ONE NUMBER) _1 Increase my boating on Minnetonka 2_ Not change my boating on Minnetonka B Decrease my boating on Minnetonka S Don't Know 2 No 8 0on't Know ® which of the bavarae as on the white card did you have with you an the boat the Last Limo you were cut? Just give ma the letters, (CIRCLE ALL MENTIONED] A-1 Soft drinks _O-4_ Bear _B-7_ None _0-2_ Coffea Tee7water _ES Nina _N-6_ Refused to Answer 0-8 Other Nonalchoholic F-e_ Other Atchuholto _B-9_ Don't Know/Not Sure © ilhich number on the yellow card best describes the type of beverage use you parr^iatly feel is sppegristo for boot operators ? Just give awe number. (CIRCLE Oki LETTER) 1 Nonalcoholic beverages only _2_ Beer, mine or nanalco NOlic bevorege owl/ _3 Any alcoholic or nonalcoholic beverage _9_ Don't KnoR/ No Opinion In, Nespom ENT WLYS -IN sKDEMTIOns ( CNED: ME I I ) ) 2R wh is 1, cnto On ry or to blue cord be at doer r l b ea I eu r to t e l rouseho td tocore befa re tan ee Leat year. pieces Dive me the Letter. [CIRCLE ONE LETTER) p Lean then a 5,000 1011 t 51000 - 9,999 (02) _C_ 10,D00 - 14.999 (03) ib,000 - 19099 (04) _E_ 6E0,000 - L29.%9 (DO) R 30.000 - 39,999 1061 D _ 40,000 - 49,999 (071 M 50,000 - 74,999 (061 I s75,000 Or wore [C9) _ EN_ Rofueed to Auexer 99 Dun't Know YS now any of sash of the following types of boats are normally kept on this property? (BEM LIST AND RECORD NUMBER OF BOATS FOR EACH TYPE] _ Fishing Boats _ Pontoons ._ Runabouts _ Comes _ Sailboats , Other (SPECTEY Of these boats which ones are awned by persona who are net full time residents in this home? (RECORD NUMBER OF EACH TYPE OF BOAT( Fishing Boats _ Pontoons _ Runabouts ._ Canoes _ Sailboats _ Other 31 Pleesu tell ma which of the following persons ape rate bouts that are n.rmbtty kept on this property? , (READ LIST AID CIRCLE ALL MENTION®] _1 Family members who don't live hero Students ham. for the ...me _3 Weekend or short term guests 4_ Summer long term guests B_ Friends 8 Neighbors 7 Others (SPECIFY 0_ No one other than full time household residents THAT'S THE END OF THE QUESTIONS. ThWAc YOU VERY RUCH. ZIP CODE INTR FRVl U1 ENDING TIML _ _ AM PH (CIRCLE ONE1 CITY of ORONO P.M Offien 1W. W-C,Ynlal Hh y, %.ne..w 5h'I23.M..ki"] Officer On the North Shore of Lake Minnetonka February 4, 1987 Mr. and Mrs. Clifford Hillstrom 1155E Willow Drive North Long Lake, MN 55356 Subject: Sixth Avenue North and Willow Drive Intersection Dear Mr. and Mrs. Hillstrom, We are in receipt of a letter from Bill Sime regarding the intersection at six and Willow related to the school bus accident that occurred on November 18, 1986. The City has reviewed the reported traffic accident history for the area dating back to 1988. (14 total, 6 of which had injuries) In the last two year.-, that accident is the third one to occur. If that rate continues will represent a decrease in the number of accidents per year, which had been averaging 3 per year. While a stop sign may have prevented that particular accident, the fact is that accident may have happened at any of several intersections along County 6. Based on a review of the reconstruction of the accident it was caused by driver error and not intersection control. Based on that it does not appear, at this time, it would meet the warrants for traffic control. Installation of a stop sign, in fact, may initially cause more accidents, The City will however, be monitoring the situation to determine if there are any other factors that would make it appropriate for a sign to be installed at that location. The actual installation of a traffic control stop sign would be a County determination. In a preliminary discussion with the County it is their feeling that such an installation is not appropriate at this Limo. If however, there is an increase in the volume of traffic at that location from both north and south it may be appropriate that further traffic control measures be taken. If you fc, strongly that this i something you would like to see carried through, please send us a letter outlining your concerns or cal and discuss with John Cerhardson or myself. 919LOING41VAING 47J 7J57 9 ADMINISTRATION l TWAN('t - 4734M 9 TDRLK WORKS - 473-7339 ASSt"AR; Mr. and Mrs. Clifford Hillstrom Page 2 February 4, 1987 The delay in response is regretted, but we were awaiting completion of work by the accident reconstructionist. Sincerely" 11 Yon CK C`i a k Bernha daon City Administrator CC: Mayor and City Council John Gerhardson, Public Works Coordinator Mel Kilbo, Police Chief Dennis Hanson Wayne Matsumoto Teal Hoffman 1"xl Ofice Bux G6*Cr x1x1 BaY. Minncw;W 553236 Municipal Officrx oY uhto��•fl'; On the North Shore of Lake Minnetonka January 22, 1987 Mrs. JoEllen Hurr Lake Minnetonka Conservation District 930 Partenwood Road Long Lake, MN 55356 Re: LMCD Legislative Package 1987 Dear JoEllen, Having again taken the opportunity to review the LMCD legislative program for 1987 together with the Revisor's language drafted in relationship to that program, I would like to offer the following concerns relating to that program. A. Projects on the Lake - Originally when I read this in the policy I felt it only pertained to research projects that w,re relevant to the quality of the lake. As I read that In conjunction with the draft legislation however, the scope of that seems much broader and would apply to any and all developments that occur, not only on the lake, but also in the watershed that may have any kind of appreciable impact on Lake Minnetonka. With that authority I could see LMCD requiring something that is akin to an environmental worksheet or environmental impact study on any project over a normal single family residence in the watershed. While there may be some laudable concerns as they relate to development particularly immediately abutting the lake, there has to be a further delineation as to the extent of that authority. This may lead to significant overlap between the authority LMCD is looking to achieve and the land use and other controls exercised by the municipalities. B. _"Dilapidated Buildings and Docks" - In originally reading the policy it was anticipated Chat this was primarily to focus on old boathouses, docks and trees that were not appropriately taken care o'in the lake. Appropriately there is some concern relating to the City's authority to do anything with structures In tiic lake particularly with lack of any contracts for enforcement. :uch may be an appropriate authority for LMCD to have. flowee,r, in reviewing the draft xrn urvr.e rnnwr,-wtolxl • ADMINISTRAnONeeINANCI 4737358 • PUBLIC WORKS -0S4SS9 A'A"SINc Mrs. JoEllen Hurr Page 2 January 22, 1957 legislation the extent of this section appears to give the LMCD authority 300 feet back from the shoreline. This is a fairly extensive zone and impacts in most of the communities all of their lakeshore development. Just as LMCD has judiciously guarded their powers on the lake, the municipalities do so on shore and particularly when they feel they have been doing a good job and do not feel that there should be an overlap of authority when cooperation may accomplish the same goal. If in fact there is a demonstrated need for LMCD authority to cross the shoreline as it relates to dilapidated buildings, it is felt this authority should only extend to a point less than 50 feet, and not to the extent to involve moat buildings developed on the lake. C. Public Access - Planning and Operation - This issue has been of currency following the Lake Minnetonka Study done by Metro Council. Currently two agencies see themselves to be operating in this area. Obviously LMCD sees themselves as having authority in this area as does Hennepin Parks coming from their background. It is appropriate that the extent of that authority be clearly delineated to the municipalities once LMCD and Hennepin Parks have developed a program that they see being feasible for a working relationship. As you are probably aware the City of Orono has concern regarding the additional access on the lake and has taken the position that there should be no further access. If however a local agency such as LMCD or Hennepin Parks replaces DNR as the public access "controller" on Lake Minnetonka, such loco. control may elicit a slightly altered response from the City of Orono-s Council on this matter. The extent and type of funding to be made available for such public accesses has to be carefully guided as it may result in a demand to have representation and accountability on the Board outside of the lake communities. D. Fees_' _ andPermits - The City of Orono has continued to support he idea of additional stickers over and above the State sticker In order to pay for the extra costs incurred on such a lake as Lake Minnetonka. Obviously a specific Lake Minnetonka sticker would be ideal, but suggest that politically it may not be the nest feasible alternative. Perhaps a class of sticker or an agrr,cmcnt to cover lakes such as Minretonka particularly in the metropolitan area may he just as appropriate. An additional way to generate funds for operation on the Luke by the user.- as opposed to the general taxpayers would be chargi-�.g of fern for utiliziation of the publ is accesses ,r'Cether wlth reviewing the fees on the marinas. D e n I des the ( oneer n:, cx; revs ed :iJ Ov Lhc o, t hyr issues that have been brought to tiflit are re att onohips that may rived to be c l a I fled in thia 0ng 0r nr, nvu 1 ut atlon 0f authority and Mrs. JoEllen Hurr Page 3 January 22, 1987 responsibility. Some may necessitate some legislative action. These include: A. Minnehaha Creek_ Watershed_ District - At least a delineation_andezplanation so municipalities understand fully the relationship between Lake Minnetonka Conservation District and MCWD as it relates to a number of items over which both Boards have concern including lake levels, lake Quality and development not only around the lake but in the watershed in total upstream from Gray's Bay dam. B. The Lake Cities - This refers to the need for contract enforcement with each of the individual communities which currently has not existed. Such contract enforcement while at first may seem cumbersome, appears to be an appropriate way to accomplish the goals so that each community understands the extent of authority given to it by LMCD. C. Henn_epin_Parks - As alluded to above the relationship between the two bodies should be clairfied once they have developed a program as to how they would best manage the lake and be of benefit to the lake communities and users as opposed to the DNg. While this may not be the total list of concerns these represent the major ones at this time based on the draft legislation. Your ongoing communication regarding this draft legislation is greatly appreciated. Sincerely, Aal- Mark Bernhardson City Administrator MEB/dh cc: Mayor and Council John Gerhardson, Public Works Coordinator Jeanne Mabusth, Zoning Administrator Mel Kilbo, Police Chief � NEWSLETTER ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 vr)"ENOMCE LONQ Lsti -LMVLE VWN-MEOMA- MINIIErOWU aEPCN-0.0NO US OLO CRISiAL MY nOM LONG Lg rf, MINNESWA UOU e] M3 FEBRUARY, 1987 ISSUE NO. 5 It is the goal of this school district, and I weld guess that of every public or private school, to have each student achieve. Of course, that beg. a very Important gM.tI.r: to .but and do we .,or our students to achieve? Some, would d.acribe n de»1 re for all .,.dent. to roach some pnadatarmined standard of achievement -- all students equally sharing in the prize of gut- eese. OS ha to would more realistically relate the level of chi.v..,nl to the individual potential of each student -- each student striving to realise his/ her potential and enjoying the related rewards. To be sor. . fixed et,hdlld of purl ...re I. on appropriate goal for a school systvm and Ito etudenta. However. It is not s complateiv satisfactory goal. Ann fired standard which applies t., ail student. quickly become. a b.se If... a minimo. Standard. gem though there to .quality of arbitrament in having .11 student. meet a standard of ... itYet each a rigid equality fit.. in ehc to of eduea- tional ells r[uo icy. The coarept of educational oppartanll:. roc cnly in- cludes basic notion. of equality. but freed. +. well. And dome times contemporary discussions about equality ignore the fundamental fact of treed.. To be s or.. octal equality of octets It a bade American right and te..tial for ad ... tlonet opport.I,,. gut too frequently tell intantloned people confuse social s qua l Ity with achievement. end pew., net standards. Wouldn't it be a .onderful world If . ec,thi., w equal, if ayat,.., achieved the r.W levelof enmp.- tenu if everyone ac o.eved the s.me rate+n'.? so, The price of such vq.,Alty I. Leo high. Individual frs.dom J. lost. ill. mine': li.nrl+n If et,tut, red^.. rbe .to -.t.nl i .n ,Icc:. •. II,,,l ... a ,,b•, 0RONO S010111. iIIARO U.IV IJ M,KoLvn, Chainlrnt 479-1692 Dun Amlersun. Vice Chainmtn 479-1810 l x,,'roylor. 'I rcnsumr 473-1189 klNy C'r,,by. Clerk 478-6037 Jlnt I'rmkRn. Uhcclur 479 2130 J.4m Mamah. Olrccb' 479-3197 In Will and Aerial Durant's The beg=me 1n History, sa the point is Ce that equality and freedom are enemies. When me Is present the other is absent. It to a difficult thought that almost eounde on- Jda rlcan. Yet Ito logic is unmistaksble. I. order to have everyone equal. It requires the sacrifice of individual freedom to moral, to achieve excellence. If unbridled individual freedom triumphs over equal - icy, a similarly disheartening picture r... its. Mat has all of this to do with schools and students? We at be determined in our effort to bell each are - dent sells. basic standards of Iterating and achieve- ment. We must be equally determined in aiding each student to practice his or bar freedom to excel and to cultivate the discipline required of freedom to .rhf.v. erccllric.. Am we review the euc tees of soy school or rb.l district, ft is important to see what standard of learning Is being met by all etudenta — Mat is the .van -age level cf schieveasnt? It Se equally ..eatery to gee if the school or school system 31 proWtt.g excellence — are then examples of Individual student accotpliehwnte which catch or creation and mcour- sg. our epplsuse? le t. asy to say that [lea .it. ..scene.. of a. student. do not repeaters: the whole school or athool ...I.. Yet the chfevemavt of mocell.ne, by a. 1. good evidence of the possibilitis, that exist for ail students. 1 In [ha face of ell of the present day distueafons, about atinlmu. eUpet.ncie. for students. yw Wed to knee that your school district 1. dedicated t. etm- d.Mo of eohiweeart foe .11 et.d.ove end equally tsar .Itted to Promtt., c¢dlanet — to ..on .... I., eeu- dente to reach b y d the standards and to arrive for ......e limey. Conti ... d neat pogo Administrative Notes - continued You need also know that the eblllty of the School District to aa.iat each student In achieving sta.- decide of performance and striving for excellence 1s in great part wing to our school community. Your support and encouregment of the Orono Schools in of greet assistance and benefit to the school programs. The support of the many volunteers who give of thole if.. and talent. to our ecbai le edifying. The involvement, Of parents to conferences. open house., and school swat. 1. Impressive. The genital inter - set and concern for quality eJucation among so many ally residents 1e an encouragement. r SM1came B. Mich tendsnt REDUCTION IN 1987 SCHOOL TAX LEVY The 1987 school mill rate has been reduced by 7.45% and is now at 55.075 mills, 4.43 mills below the district's 1986 mill rate of 59.51. Part of the reason for this reduction is that the Orono School Eased's certified levy for 1987 is $84,951 1... than the previous year's levy. Other factors are an increase In the district's tax base resulting from new residential and come trial proper- ties added to the tax rolls this year and reassessment of existing properties. Because of the decrease In dollars levied, ..at tax- payer. in the six municipalities in the district will be paying lees school tax in 1987. if this fa not the case for certain taxpayer., it will be due to factors other than the school's levy. Under State law. the market values of one-fourth of the homes In each municipality are physically reviewed by the assessor annually. The remaining properties are reviewed from existing records. From these to - via... adj..t.at. are medo where necessary. Thu adjustments can affect a particular caspayer`s situ- ation in . given year causing the Increase (or de- ems) to vary more than the average for the district. dyer the long run, however, the periodic adjustments ensure more uniform value. for fossil throughout tht school district. This year's tax doer.... repreeeats some relief from the instability in school funding In recent years caused by unanticipated reductions In state aide. However, c nsiderink the state's projected shortfall far the r ,mfng biennium. It doe. not epp.ar shot w have entered . period of stability in fate revenues. The onlv part of our te—ite we have been able L. re:T n sfn[en[ly 1. thatbeme p—lded through the property sae. by pe rton. of the di.trtct. WIIF ua I hI. ca.t Isued supper t. many of the edur rat LmaI pro- gram. available to notr auidenti o-ld slrply not be ....Ibis to nainl.i.. Willi.. A. F.rlol!l Assistant t• ILe superiol.odvnl PROJECT RESPOND Bev Ebbecl., Elementary Physical Education and Adapt- ed Physical Education teacher, has been chosen ae a participant in Project RESPOND. Bev Ebbecke was one of 20 recipients of this award out of a total of 150 applicant.. Project RESPOND is funded by the U.S. Department of Education. Its purpose is to facilitate achievement of Minnesota required developmental Adaptive Physical Education licensors. The program will be run by Mankato State University and Bev will begin with a vtrkshop winter quarter, continue with a class in spring quarter and finish up require... to in ..or school 1987. Novel Bongart Sebumenn Elinivil y Principal LIBRARY VOLUNTEERS MEMO - The Sell... Elementary Library is in need of volunteers for Tuesday and Thursday afternoon.. If you are able to help. please cell Evelyn Haw at 471-91178 or Maxin. Dunlap at 471-7661 or leave a menage with the Schumann Elemen- tary office at 473-7317. Training will be provided. Ma oval Bongart Schumann Elementary Principal DCRIBCS ENRICHMENT CLASSES OrFERED Do you have a special interest in anthropology, polit- ical satire and cartooning, genetics, comm•ications, theater arts, or architecture? Om thus, the enrich- ment classes for third. fourth and fifth graders, will be offering courses in these topics during Its second .eater .easier. Mentors are needed to help teach these classes. Please call Sylvia Stroup (476-0119) or Debbie Santall (476-4455) for mare into rastion. We welcome your interest. Kay Sause Gifted coordinator DOME NEEDED roe MITT AIDE e high school Spanish department 1s loci for a home for the All Aide for the and of this school vaer and next year. Mitt' Institute in a Department l State approved organisation th.t offers young :idle the opportunity 1. .rverlenv the U.S. fully lifestyle while attending school and assisting the 1—guaRe teachers. It is an I.R.S. tax deductible ,of r l but Inc. ,•r further Informstlon please contact tha high scheo 1. Both... Jacoby ONE -ACT PLAY FESTIVAL a The euburbestNeat Conference WheAct Play of auaal was held in the high school aueltaConf January 10. Five plays mere presented that morning. Winning conference medal. for their individual outstanding per - In taus noes were six Orono students: Jennifer Weaver, Wendy Gabriel. Jennifer Smith, Jen- nifer Thork, Chip Hart, and Joe Mechavich. Orono'. one -act play was "The Terrible Tattoo Parlor" by Mary Ch.... �7o�'Jv{,'Jvdvdv PTA NEWS: ELENEWIM, P ,a. for the 1987 version of the PTA Carnival/Raffle ate well underway. These valor fund raisers provide the funding for Eleme atary and Intermediate School field tripe, as well as monies for numerous other special projects and programs. Thanks to our busy Carnival Chairpersons, Lou and Peg Hol:anson and Butch and Susan landberg - this year's Carnival pro - miss. to be a gala ev nrl So mark your calendars now for a fun-packed afternoon on Saturday, February Jth. We also welcome your contribution. end support fur the raffle, coordinated by vice-president. Mrdi Petersen. The grand prizes are guaranteed to please. NEWS TIDBITS TWnka to librarian, Barbara Keen. for coordinating the volunteers who read same of their favorite chfl- dren's books to small group. of grades K-O during Book Week back in November. Numerous volunteer. even "looked the part" In exceptional costumes. A epeefel thanks to Long Lake Burger King for pro- viding punch for the Elementary Holiday Open gouge In December. Their generous donation cartsfnly addod to the festivities. Fourth Graders are getting ready for their upcoming trip to Isabella, an environmental learcing center in northern Ilfnne.ota. They have raised over $6.000 to help pay for their trip under the leadership of An Its Paster and Mary Letatz. "ran Miller reported that the annual PTA gook Pair, hold during conference days In November, raised atom $580. Thank you, Koren, fur caordtnetlnK all the volunteer. [het donated that, time .....d this s .i while pcojar[. Watch for .r. Inf.... zien regaldIo, a npzoai Elementary Parent Advisory Loalttee Meeting. A old-v... ;honk won to ail the volunteer. Ihet add so much. In so many ways t enhanve the edutat lee:,! experiences of our thlldren at Ornmd Peg Gaza. — President NORTH SHORE TEAMS TAKE NMI TROPHIES DURING THE HOLIDAYS Th. NSGA Class IV Compulsory Team took first place at the Holiday Fun Meet, hosted by Mini Hops of Hop- kins With A .core of 92.10. NSGA gymnasts who placed In the 9-11 age group were Ellie Gregoire; first on vault, eighth on bars and bass, sixth all-around. Amy Ysnik: ..youth on vault, Birth on bare, fourth n boom, first on floor (.teeing the highest score of the day with a 9.0) and second all -.round. Casey Doan: eighth on vault, seventh on bare, third on bees, second on floor and fourth all -.round. Kara Bromeri flrct on beam and seventh on floor. Brittany Sit,...: tenth on bees. Amends Maresh: fifth oa vault, second an bare. a .... th on beam and third n11-azound. In the 12-14 age Draw, gymst. who placed were Kim Brown: second on bean, fourth on floor and sixth all-around. Ashley Jenson: fourth an vault, second on bar., first on floor and second .I1-areuad. Greer Vogt: second on vault, fifth on bar., fourth on beam and fifth all -.round. Kelly Ritchie: third on beam, fifth on floor. NSGA's Class IV tea I. coached by Patty Pitts, Bret Smith and Sharon Ruud. This year. NSGA entered the Class it division for the first ties. The team compared I. their first met at the T.,. Holiday Cup in Do-neville. NSGA took home the sixth place trophy. Shore into 16 rem involved in the met. Top scorers for North Shore were: Erin King who placed fourth on floor, seventh on bee. end eighth .11-around; Ceti. Long. Who placed tenth on vault and b.l.nce bass. NSGA'. Cl... IT team I. coached by Bob Mahoney, Patti Cummings ntd John Range. 'Irnot goes C. Wen, C.Vnt. K. Brower, Men, B. ampaon. K.Br.en - Middle New: A. V..ik. A. March. E. Geemol re 0.r„ N_: A. Jenson. K. Kitthte Wayne Smith presenting Steve Fail. with plaque from News 11 CONGRATULATIONS ORONO FOOTBALL TEAM Orono Football Coach, Stave Faults, wee named Football Coach of the Year by sportscasters, Tom Ryth.r and Randy Shaver of RARE Channel 11. The selection Was made from coaches of taws participating in the metro- politan an. and mess announced on Channel 11 News at the and of the sm.... At the annual football awards banquet Athletic Dirac - for. Way.. Smith, pr..ented Steve With a plaque from Nava 11. The inscription reads: Nave 11 "All -Morro Football Tssm" Steve Fed1.-Orono Illgh School Coach of the Year - November, 1986. As part of the successful season Orono football also received reagnitloo from other media sources. Mr. Faille Wes let. reamed by WCCO Sid Hattnan's Prep P... de and by Mark McNemera, wCCO'e Sports Scoreboald Congratu..tions to Steve, and the other coaches, and his team for the positive publicity they have brought to the Oran. School.. WINTER CONCERT Monday, February 2 le the dale for the Winter Instru- mental Concert featuring Orono High School Inatrunsn- tellsts. Performing will be the Wind Ensemble, Jazz Eeaeahis, Concert Band and Stages Rend. The ..Inlet for this concert will be Ann Hnffsau, daughter of Mr..nd Mr.. R., Hoffmann ..I 1,11, lake. Ann will plic, No..rt'• ..Rnndu" In,n Gu—', No.I In FC for Fren,h Horn. I ONF_REN'I_ SF.I. EC! 11"D The Suburban Went (..mreren.a 6elert Baud will Per- form on Tus.day. V.hruary 10 at tihakopee High Sib., 1. The general public In Invited in .Mend Iht. r ice met Which is fro. of .large. PolloWtnµ this I1:00 A.M. concert will be eh. Va t...nice S, 1In emhle rontv,t. This is also ,.pan to the public. Orono Sele.t B.,nd members Include: Monitor Fllklu.. flute; Mlcbo le 0.1. ch,rinat; hey l,, site.". .le.. .,. •ophoar: Ann Naffwn, frn,rh hutn: m ILn1. tngpe t: 10 1 K.,b b- .elrh. "nann.; Navin Jobe..... eua. ORONO FOOEBALL AWARDS PRESENTED The Special football teas received swards at their banquet held In late November. The equad captured its first ever Suburban West Champ louship in foot- ball and it. teeth conference title in the school's history. The Section 1V Cheap i eehip was also a first for the Spartan. es w11 m its first state tournament action. The taw finished 7-0 in the conference. I1-1 overall for the most calns over in a single season. In the final rankings by the Amoci- ated Prase, the Spartan. to voted the numb., one ram In Class A in the Star. of Minnesota. The eub-level team at Orono also coop sled Winning records. The B-equed finished With A 6-2 record and the fro. brn finished with a 2-0 record. Le flat WE..... were announced as full.. First Football Letter Second Ls liar Karl Boron Jon Arne G1ss Prodahl Dan Butted... Damon "..let Brent Jwqu.ret Dr., Crevw Steve He lender Jerry Catalano Chad Edrorthy Mark Pacten Tony Eanaugh Tam Valente Steve Season reclaldt Joan. Godfrey Mitch Jorde Mika No Itakl Chad Kullberg Lane Underdahl Erik Larson Mett Bordaaian Kent Mayor Craig Johnson Kirk Meyer Drew Mack Craig Vale. Jerry Anderson Leif Pederson, Chris Theist. Third Letts, wk. Fulkereon Dave Blvd.. D.via Magee Dave then Pete Parton Bled Pierce Matt Sieger Shane Rudd Joe O'Brien, Mgr. Fie, erote named to the All -Conference lose vaSuit Dave Moan. gent Meyer, Sham Rudd, and Pete Parton. Bowden ... nerd to the All -Metro equed by ME Channel 11. spacial --it— All-Me tro by the Star k Tribune, and honorable men- tion All -State by the gseociated Preen. Rudd and Won w or. w e named honorable ntlon A11-Metro and All - State. Coach Steve podia w. nerd Metro Coach of ch. Yea, by Ch... al 11. Team award. mare pr.... led as toll.-: MVP Off....: Dow. No Wen MVP Defense: Bay. Moen, Kent Meyer, Kirk Meyer, and Sham Rudd Tens MVP: Cava B.den MVP Special Tees: Jon Arne Monet Imp, nved: 1a11 Pederson, Mirth Jolla 19, Captain.: Matt Singe ra Mike Fulkerenn lull) caplaln.: J"n Arne. Karl S .- .ach Fettle ..pre a hl. thanks to all th. fan. ice netr tiu".'i durfug the . a.nil to gi ves ves bue4aa.e. Ior their .upp,,rcdu•ing the playoffs. Parente wthillm c, pis vacatlnno should note that the %toning doe for tall practice 1, August 12. we - e Platelet Activities 1/9 Board Meeting Most, Ana. .......................... 7:00 p.m. 13 Newsletter Deadline D.O. 16 Presidents' Birthday (NO SCHOOL) 23 Board Meeting - M. S. Vocal Hoek Room .......................... 7.00 p.m. 84mmntar ActlVltlaa 2 2.3,4 Sc lantiat In desldence-Karen Olson ] His mentary Carnival at M.S..... 1:00-5100 P.M. 10 Feb roary Birthday Party 11 Ungrt '.ad Field Trip to Ordway Children'. Theater Performance 20 Ungraded (Fanholt 6 Henry) to Lowry Nature Center 23 Ungraded (Glover 6 Kullberg) to Lowry Nature Canter In[ermmdlete/Middle School Activltle 3/2 Per Comml ttea Meeting M.S. Faculty Dining Room.. ............... 3:15 p.m. 3 M.S. and I.S. Band Concert H.S. Auditorium ..................... 700 p.m. 1 7th and Nth Grad* Career Day 5 M.S. Spelling Us Final 13 Humanities Field Trip CTC........... 9:10 a.m. 17 Parente Advisory Coemfttee Meeting M.S................................. 7:30 p... 23 Parente Advisory Commit[.. Meeting IS................................. 71l5 p.m. Hl h School AntfZi1 s 272 Band Concert 3 Hockey at St. Look Park............ 7:30 p.m. Girl. B.eketbell-Litchfield-H....... 7:30 p.m. Gymn.stte. -Brack-H................. 7:30 p.m. 5 Boys Basketball at Round............ 7:30 p.m. Girl. Baek.tball-Mound-H.... I....... 7:30 P.m. 6 Wrestling -Hutchinson-H............. 7,30 p.m. 7 Hockey at Hutchinson ................ 6:00 p.n. 10 Hockey - Shakop... H................. 7:30 p.m. Bays Basketball-Shakopee-H.......... 7:10 p.m. Girls Be.k<ttall at Shekopee........7 a0 p.m. Gyen.•tice-Si.CI..d tech-H.......... 7:30 p.m. Ski Ms., ............................ 3:00 p.m. Band at Shakopee ................... 11:00 a.m. 12 Hockey - Ghaaka-M.................. 7:30 p.m. Vre.t line at W..nnl ................. 7:30 p.m. Ski - 6AA 13 Any. Beskethall at Clenroe..........7:30 p•m. Gin. geeketbaii-Glencoe-P.......... 7:10 pow.. t4 G,mnaet lra-Swburban-West n"Jerenre at heflalo 1. Hockey at Mused ........ ....... .7:30 p.m. Gymnestlr. - Delano-11........ .]:ID p.m. H0 goy. Bank*tball-11nffs1e11.... ;.10 p.m. Girl. gael.ct Lall at gutial.,......... 7:10 p.m. Ski - State WreetllnR - 6AA 21 Neck,, a, eeff..l...... ......... _ ..:00 p.m. Us ... .tic. - hod Wrestling - hod :4 Bt•ye Beeb,hell Waaml. - H.......1 10 p.m. Cfrie Bnekel ball n1 Waronl..... ..... 1: now p.e. 25 .Ymoaat ire AM 2h H... Ike, - 6M Wre.I It., - hod I7 have a..talball .•1 Hnuhm„-.. clrl. Bank,[ball - N.a•binr. ., x.�. .lm p.m. ]B Ha.ker - MAA Yn„ 11. - eM Board Action Review Rex• tar Meeting - November 10, 1986 • Approved variance requests for Angel and Jay Johnson to attend Wayzata Schools. • Approved sari.... request. for Alison Mulls. and Stephen Plot t attend Orono School.. • Adopted a proclamation proclaiming November 16- 22, 1986 am American Education Week. • Approved the Custodial Contract Agreement for 1986-86. • Accepted the 1985-86 Audit Report. Regular Meeting - December N 19116 • Approved the appointment of the following aches: Paul Siang. Brian Hargett., St.. Schulte, Kevin Sherpa, Bret Smith, Deve Shavliks Bill Simpkins, Roger Misehka, Todd Wayne and Miller, Woodworth. • Approved a variance request for Ellin Rondrs to attend Wayzata Schools. • Approved a variance request for Mark Hoffer to attend Orono School.. • Approved the Community Education classes to be offered winter of 1987. • Approved the 1986-88 contract of the Coordi- nator of Buildings and Grounds. • Approved the charges and committee membership for each of the following long-range planning groups: Cuccicul., Staff Development. C.- menity He l.tlon. Rod School Facilities. Approved the payment of 959 of the payment for the high school wall insulation project Pending Inspecti.niapproval of the project by Have HCAnvn, Don Anderson and Jim Franklin. • Directed Mr. McROve. Mr. Anderson and Mr. Frank- lin to make a partial payment and withhold more than 52 on the high school wall insulation pro- ject if they had concerns after inspection of the project. + Approved the district level goals and suMcln- tendent Boa le fee the 1986-87 school year. + Resolved: That the School District prepay, an June 1. 1997. fr. reserve Debt Service Fund., 1220.000 of bonds from the 1964 hood isms., by ralllnp le tht outstanding bend. in r... ram 1� r .f serial numbers. F NEWSLEgI"PER [a] MINUTES OF THE MEETING OF THE SCHOOL BOARD OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON JANUARY 12, 1987 The regular meeting of the School Board of Orono Independent School District No. 278 was held on Monday, January 12, 1987. Present: Dave McKown James Franklin Thomas Mich Don Anderson Jnhn Maresh William Fenholt Kitty Crosby Lucie Taylor UPON MOTION by Jahn Maresh, seconded by Lucie Taylor, the consent agenda was approved as follows: - approved the minutes of the December 8, 1986 regular meeting; - approved the appointment of Dawn M. Miller as Early Childhood Family Education Coordinator/Teacher; - approved variance requests for Michelle Cameron and El'0 4 Hoium to attend the Orono Schools for the remainder of the ',W5 X school year; - approved a variance request for Abigail, Ellio L, !'irgaret, Jacques, Analiese, and Susannah Baumer to complete the first semester in the Orono Schools; - approved the Treasurer's Report for November 1986; - approved the bills as covered by vouchers 053944 through 054027 and 053440 through 053655. Dr. Mich reported that discussion topics at the Parent Meet and Confer meeting on January 5 were: (1) elementary bus safety and (2) social events for middle school students; that the special education department audit will take place the week of February 9; that the first semester ends on January 16 and a luncheon will be held on that day at the high school cafeteria for all district employees and that the Board is also invited to attend; that verbal approval had been received for a Title 1I grant for the purpose of training intermediate/middle school science teachers for cluster teaching of gifted students and Dr. Mich expressed appreciation to Warren Nelson as he was instrumental in obtaining this grant for the school district; that in athletics, the Southwest Conference had admitted Monticello and other changes are a possibility; that Amy Pittelkow, senior at Orono High School, has been named to the honor roll in the thi-1 annual "voices From The Future" writing contest sponsored by the Minnea�.a Alliance for Science, the Minnesota High Technology Council and the Governor's Office of Science and Technology; that Bill Fenholt has been invited to be a precentor at the National Association of Educational Negotiators' Annual Conference in San Diego; chat preliminary work has begun on the 1987-88 school calendar; that the district's Annual Report will be delivered within the next week; that Bev Ebbecke, elementary physical education teacher, has been chosen as a participant in project RESPOND, a U.S. Department of Education funded program, which will enable her to earn her lir"nsure in adaptive physical education. The Board requester' information regarding realignment in the Suburban West Conference and Dr, hinter provided them with an update as to the reasons for these changes, school district size being the major factor. Lucie Taylor reported that two additional items discussed at Parent Meet 6 Confer were: (1) how the representatives for that committee were chosen and (2) ways to communicate with parents as to the makeup/accessibility of the people on the committee. Or. Mich provided the Board with an update on the progress of the long-range planning process. He stated that all the faculties have been informed of the process and been given the opportunity to volunteer to participate. When com- mittee memberships have been completed, the lists will be posted/available for communication purposes. Dr. Mich informed the Board that the Facilities Committee had met on January 9 and discussed the short term facilities needs looking at 1987-88. The Board, as well as the teachers, will be continually updated as the committees progress. Dr. Mich reported on the progress of the 19 summer school and the organiza- tion of staff responsibilities for this prc More information will be pro- vided as decisions are made regarding dates/curriculum. UPON MOTION by Kitty Crosby, seconded by Jim Franklin, the Board granted appro- val of the 1987-88 curriculum changes for the Orono High School program of stu- dies as follows: To: Superintenden T. Mich, Board of Education From: K. Win cer Date: December 86 The following are recommended changes in the Curriculum for 1987-88 There willlof course,be additional courses dropped after registration is completed. I. Art (No changes) II. Business Education A. Drop: Office Procedures (year -long) 1. Add: Business Technology and Procedures I (one semester) 2. Add: Business Technology and Procedures II (one semester B. Add: Keyboarding/Word Processing (one semester) III. English (No changes) IV. Foreign Language (No changes) V. Home Economics (No changes) VI. Industrial Arts A. Drop: Mechanical Drawing, Technical Illustration 1. Add: Pre -Engineer Drawing B. Add: Energy/Power and Transportation C. Many courses have name changes and the course descriptions have been changed to reflect more of a technology emphasis. D. (Note) There are on going discussions with the Vocational -Technical staff, Mound-Westonka staff, and our staff concerning the possibility of a Principles of Technology class being offered as a joint project. VII. Mathematics A. Add: Applied Mathematics (one semester) VIII. Music (No changes) IX. science (No changes) X. Social Studies (No changes) X1. Physical Education (No changes) XII. Vocational School (minor changes as determined by the vocational school) Dr. Winter stated that the changes are few and typically represent a change in emphasis due to technological advances. He stated that their objective has been to keep as much of the curriculum in place in light of declining enrollment. The Board complimented Dr. Winter on the breadth of the courses offered and he, in turn, stated that the curriculum is a tribute to Orono's well qualified staff and department heads who have a major impact on curriculum recommendations. UPON MOTION by Kitty Crosby, seconded by Lucie Taylor, the School board adopted the Cafeteria Plan document as drafted by the school attorney as follows: 12-31-86 OROHO SCHOOL DISTRICT CAFETERIA PLAN (Effective July 1, 1985) ORONO SCHOOL DISTRICT CAFETERIA PLAN (Effective July 1, 1985) TABLE OF CONTENTS ARTICLE I INTRODUCTION EAU Sec. 1.1 Name of Plan 1 Sec. 1.2 Employer 1 Sec. 1.3 Purpose 1 Sec. 1.4 Effective Date 1 Sec. 1.5 Rules of Construction 1 ARTICLE II DEFINITIONS Sec. 2.1 Account 3 Sec. 2.2 Election Period 3 Sec. 2.3 Medical Plan 4 Sec. 2.4 Participant 4 Sec. 2.5 Plan Year 4 Sec. 2.6 Qualified Employee 4 Sec. 2.7 Salary Reduction Agreement 4 Sec. 2.8 Termination of Employment 4 ARTICLE III PARTICIPATION Sec. 3.1 Eligibility for Participation 5 Sec. 3.2 Enrollment Procedures 5 Sec. 3.3 Cessation of Participation 5 Sec. 3.4 Active Participants 5 ARTICLE IV CREDITS AND ACCOUNTS Sec. 4.1 Salary Reductions to Pay Premiums 6 Sec. 4.2 Salary Reduction Credits to Accounts 7 Sec. 4.3 Mature of Accounts 8 Sec. 4.4 Charges Against Accounts 8 Sec. 4.5 Termination of Participation 9 Sec. 4.6 Payments Folloving a Participant's Death 9 Sec. 4.7 Discrimination Prohibited 9 ARTICLE V Pl,I ADMINISTRATION Sec. 5.1 Duties of the Employer 30 Sec. 5.2 Plan Not a Contract of Employment 10 Sec. 5.3 Plan Benefits are Unsecured 10 Sec. 5.4 Plan Benefits May Not Be Assigned 10 Sec. 5.5 Amendment or Termination 10 APPENDIX A MEDICAL BENEFITS A-1 Benefits 11 2r591 ORONO SCHOOL DISTRICT CAFETERIA PLAN (Effective July 1, 1985) ARTICLE I GENERAL Sec. 1.1 Name of Plan. The name of the plan set forth herein is "Orono School District Cafeteria Plan". It is sometimes herein referred to as the "Plan". Sec. 1.2 Employer. The "Employer" is Independent School District No. 278 (Orono). Sec. 1.3 Purpose. The purpose of the Plan is to furnish eligible employees an opportunity to receive certain statutory nontaxable benefits provided by the Employer in lieu of taxable compensation or other statutory nontaxable fringe benefits. The Plan is intended to be a cafeteria plan under Section 125 of the Internal Revenue Code, so that the benefits a Participant elects to receive under the Plan will be eligible for exclusion from the Participant's gross income under Section 125(a) of the Code. Sec. 1.4 Effective Date. The "Effective Date" of the Plan is July 1, 1985, the date as of which the Plan was established. Sec. 1.5 Rules of Construction. The Plan is intended to be a cafeteria plan under Section 125 of the Internal Revenue Code. The Plan is also intended to be in full compliance with applicable requirements of the Employee Retirement Income Security Act. The Plan shall be administered and construed consistent with said intent. It shall also be construed and ad- ministered according to the laws of the State of Minnesota to the extent that such lave are not preempted by the lava of the United States of America. All controversies, disputes, and claims arising hereunder shall be submitted to the United States District Court for the District of Minnesota, except as otherwise provided in any trust agreement entered into with a trustee. All references herein to the "Internal Revenue Code" or the "Code" are to the Internal Revenue Code of 1954 as from time to time amended. All references herein to the "Employee Retirement Income Security Act" or "ERISA" are to the Employee Retirement Income Security Act of 1974 as from time to time amended. The Plan shall be construed in accordance with the fallowing rules: (a) Headings at the beginning of articles and sections hereof are for convenience of reference, shall not be considered a part of the text of the Plan. and shall not influence its construction. (b) Capitalized terms used In the Plan shall have the meaning defined in the Plan unless the context clearly indicates to the contrary. (c) Any references to the masculine gender include the feminine and vice versa. (d) Use of the words "hereof", "herein", "hereunder", or similar compounds of the word "here" shall mean and refer to the entire Plan unless the context clearly indicates to the contrary. (a) The provisions of the Plan shall be construed as a whole in such manner as to carry out the provisions hereof and shall not be construed separately without relation to the context. ARTICLE 11 Sec. 2.1 Account An "Account" or "Accounts" shall be recorded for each Participant in the Employer's books and records. Each Account shall be credited as provided in Article IV, and shall be decreased by benefit payments and distributions to the Participant under Article IV and under the Appendix. Accounts are for bookkeeping purposes only and are not required to be set aside from the Employer's other assets. The following Accounts will be established, as required, for a Participant: (a) A Medical Care Expense Account for reimbursement of medical expenses under the Appendix. (b) A Premium Payment Account for payment of premiums for medical cov- erage and other types of insurance purchased by the Participant through the Employer. Sec. 2.2 Election Period. The "Election Period" for a Plan Year is a period designated by the Employer that ends prior to the first day of such Plan Year, subject to the following: (a) If any cf the following changes in family status occurs with respect to a Participant during a Plan Year, the 31-day period immediately following the date the event occurs shall also be an Election Period for said Participant with respect to the remainder of said Plan Year: (1) The Participant marries. (2) The Participant becomes divorced. (3) The spouse or a dependent of the Participant dies. (4) A c,:ild is Dorn to or adopted by the Participant. (5) The Participant's spouse becomes employed or ceases to be employed. Notwithstanding the foregoing provisions of this subsection an election during the period described above must be consistent with the change in family status resulting from the event described above. The Employer shall not accept any election during said Election Period which it deems to be inconsistent with the change in family status. (b) with respect to an individual who first becomes a Participant during the Plan Year, the Election Period for said Plan Year shall be a reasonable period before the date the individual becomes a Participant, as determined on a uniform basis by the Employer. Sec. 2.3 Medical Plan. The Employer's "Medical Plan" Is the insurance or similar program, health maintenance organization, trust fund, or direct payment arrangement maintainel by the Employer for the purpose of providing certain specified medical benefits for eligible employees and their dependents. See. 2.4 Participant. A "Participant" is an individual described as such in Article III. Sec. 2.5 Plan Year. A "Plan Year" is the period on which records of the Plan are kept. The Plan Year is the 12-consecutive month period beginning July 1 and ending June 30 of the following year. Sec. 2.6 Qualified Employee. A "Qualified Employee" is an employee of a Employer who is employed on more than a half-time basis (more than 20 hours per week), except that the eligibility of employees who are members of a collective bargaining unit shall be subject to negotiations with the representative of that unit. As of the Effective Date the only collec- tive bargaining unit eligible for participation is the Orono Principal's Association as recognized under P.E.L.R.A. See. 2.7 SAlary Reduction Agreement. A "Salary Reduction Agreement" is an agreement entered into pursuant to Sec. 4.1 or Sec. 4.2. Sec. 2.8 Termination of Employment. The "Termination of Employment" of an employee for purposes of the Plan shall be deemed to occur upon the employee's resignation, discharge, retirement, death, failure to return to active work at the end of an authorized leave of absence or the authorized extension or extensions thereof, failure to return to work when duly called following a temporary layoff, or upon the happening of any other event or circumstance which, under the policy of Employer, results in the termination of the employer -employee relationship. ARTICLE III Sec. 3.1 Eligibility for Participation. Each persc wno is a Qualified Employee on the Effective Date shall become a Participant on that date. Each person who becomes a Qualified Employee after the Effective Date shall become a Participant on the first day of the month after the person became a Qualified Employee. Sec. 3.2 Enrollment Procedures. Each Participant shall complete the proper forms required by the Employer and shall file the forms with the Employer at a time prescribed by it. Any Election under this Plan must be made during an Election Period. Sec. 3.3 Cessation of Participation. A person shall cease to be Participant as of the last day of the Plan Year in which the Participant's Termination of Employment occurs, or as of the last day of the Plan Year in which the Participant ceases to be a Qualified Employee, if earlier. Sec. 3.4 Active Participants. An individual is an "Active Participant" only during the period in which he is both a Qualified Employee and a Participant. ARTICLE IV Sec. 4.1 Salary Reductions to Pay Premiums. During each Election Period, each Participant shall elect in writing whether '.is will use his Premium Payment Account during the next Plan Year (or remainder of the Plan Year). If he elects to use that Account, he shall opecify which of the available insurance premiums will be covered by the Premium Payment Account. (a) The Participant's compensation for each month ending on or after the effective date for an Election Period in which the Participant elected to use his Premium Payment Account and on or prior to the last day of the Plan Year shall be reduced by the amount designated by the Participant on the appropriate election form. That amount shall be credited to his Premium Payment Account and applied by the Employer to pay the premiums due with respect to the applicable month as elected by the Participant. (b) Credltc under this section may be applied to pay premiums only for coverage for the Participant and his dependents under insurance plans sponsored b.- the Employer which the Employer has designated as being eligible for the Premium Payment Accounts. The Employer may designate eligible insurance plans from time to time; provided that each such plan covers only "statutory nontaxable benefits" as defined in Code Section 125. (c) Eligibility to participate in each of the insurance plane described in subsection rb) shall be governed by the terms of the applicable plan. Particip. , In this Plan shall in no way affect an indi- vidual's eligibili._ '- participate in such plans. (d) For purposes of this P1.. Participant who elects salary reductions under this secti.. luring an Election Period shall be deemed to be participating in i. a benefit plans elected during each month ending on or after the eft 'tive date for the Election Period and prior to the following July 1.. unless he has another Election Period during the Plan Year pursuant to Sec. 2.2(a) due to a change in family status. However, 1f the Participant ceases to be eligi- ble to participate in one or more of the insurance plans described In subsection (i), salary reductions to pay premiums on such plans shall cease as of the first month beginning on or after the date he ceases to be eligible under such plans. (e) If the Participant does not file a new election under this section durinC an Election Period, any election under this section which was In effect prior to the Election Period shall continue in effect, except to the extent modifirntions are necessary to reflect any changes made during the Election Period in the Participant's coverages under the underlying insura—e plans. 6- (f) Salary reductions under this section shall in all events cease as of the month following the month an which the individual ceases to be an Active Participant. (g) If the amount of any insurance premium which the Participant has elected to pay through his Premium Payment Account is increased, such additional amount first shall be charged against the amount in the Participant's Medical Expense Account and then shall result in an additional salary reduction. Any balance remaining in a Participant's Premium Payment Account for a Plan 'Lear which is attributable to a decrease in premiums payable under this Sec. 4.1 shall be transferred to the Participant's Medical Care Expense Account for the same Plan Year. Sec. 4.2 Sala" Reduction Credits to Accounts. During an Election Period, each Participant may elect to have the Employer credit dollar amounts to his Medical Care Expense Account with respect to the next Plan Year (or in the remainder of the Plan Year following the effective date of the election) by entering into a written Salary Reduction Agreement with the Employer, subject to the following: (a) The Salary Reduction Agreement shall specify the total dollar amount by which the Participant's current compensation for each such Plan Year w"11 be reduced. This amount shall be credited to the Participan. Medical Care Expense Account at the beginning of the Plan Year (o on the effective date any election made during the Plan Year). (b) A Participant - y not elect to have his compensation reduced under this section -h respect to any Plan Year by more than $5,000 minus any reo...tione elected under Sec. 6.1 for that Plan Year. If the Participant becomes eligible to participate in the Plan during the Plan Year, the $5,000 limit specified in the preceding sentence shall be reduced proportionately based on the number of day remaining in such Plan Year. (c) Subject to subsection (d), the Salary Reduction Agreement shall be Irrevocable for the Plan Year (or remainder of the Plan Year) following the Election Period. However, during an Election Period due to a change in family status described in Sec. 2.2(a), the Participant may enter int- a new Salary Reduction Agreement for the remainder of the Plan Ye which is consistent with the change in family status described Sec. 2.2(a). (d1 If a Partici,.a*.t .es:.es t, !a an Active Participant prior to the end of the Plan Yea-, the •ticipant must pay the Employer an annunt eG-!al to $5,000 mul.tplied by a fraction, the numerator of wnich is the number of day. remaining in the Plan Year and the denominator of which is ;n The Employer wi:l reduce the amount to be repaid through tho :�Ilowing adjustments to be made in the 7 order listed: (1) the amount to be repaid will be reduced by any additional credits the Employer would have made to the Premium Payment Account for that Plan Year, (ii) the amount to be repaid will be reduced by any additional salary amounts which would have been paid to the Participant as part of the Participant's election to receive cash in lieu of contributing some or all of the $5,000 to the Plan for that Plan Year, and (III) the Employer will charge the amount to be repaid against any balance in the Participant's Medical Care Expense Account. Any excess remaining after the above reductions have been made must be paid by the Participant to the Employer. (a) If the Participant does not file a new Salary Reduction Agreement under this section during an Electir^ Period, any agreement under this section which was in effect p to the Election Period shall continue in effect without change 1 ae Participant continues to meet the requirements of this section. Sec. 4.3 Mature of Accounts. Amounts credited to Accounts are for bookkeeping purposes only. A Participant's claim against the Employer for benefits from his Accounts is that of a general creditor and is not secured. No assets relating to such Accounts are segregated from the Employer's other assets. Sec. 4.4 Shames Against Accounts. Benefit payments under the Appendix to the Plan shall be L arged against the amounts credited to the Medical Care Expense Account for the Plan Year in which the Participant incurred the expense to which the benefit payment relates, subject to the following: (a) Benefit payments with respect to an Account may not exceed the amount credited to the Participant's Account at the time the payments are made. If a Participant claims benefits in excess of the amount credited to an Account, the excess amount may in the discretion of the Employer be paid from amounts subsequently credited to the Account with respect to the same Plan Year. (b) Benefits payabl. with respect to expenses Incurred during a Plan Year may be charged only against the amounts credited to the Participant's Accounts with respect to that Plan Year pursuant to Sec. 4,1(g) or 4.2(a). (c) Reimbursements with respect to eligible benefit claims submitted will be paid to the Participant on October 1, February 1, and June 1 of the Plan Year and October I of the following Plan Year. (d) The Employer may require the Participant to verify expenses for which he is seeking reimbursement in any manner that the Employer determines is appropriate. The Employer shall make the final deci- sior whether a particular benefit claim is eligible for reimbursement by the Plan. However, the Employer may delegate such questions to an independent review agency such as an insurance company or other service provider. (e) If any amounts remain credited to an Account as of the last day of the Plan Year, the credit balance shall be cancelled; provided, however, that benefit payments for reimbursement of expenses incurred on or before the last day of the Plan Year may be charged against amounts credited for the Plan Year If a claim for the bene- fit is made on or before October 1 following the end of the Plan Year. Sec. 4.5 Termination of Participation. Any balance remaining in a Participant's Accounts after he ceases to be a Participant and after all benefits to which he is entitled have been paid shall be forfeited. Sec. 4.6 PawsnSs Following a Participant's Leath. The Company shall apply amounts credited to a deceased Participant's Accounts for the Plan Year in which his death occurred to pay eligible expenses incurred during that Plan Year, whether incurred before or after the Participant's death. Any amount remaining In the Accounts after such reimbursements shall be forfeited. Sec. 4.7 Discrimination Prohibited. The Plan shall not be oper- ated in such a manner as to discriminate in favor of highly compensated individuals or Participants, and shall be operated in compliance with any applicable Internal Revenue Service regulations regarding such discrimina- tion. ARTICLE V PLAN ADMINISTRATION Sec. 5.1 Duties of the Employer. The Plan shall be administered and interpreted by the Employer. The Employer may from time to time adopt such rules and forms for the administration of the Plan as it deems appropri- ate. The Employer may delegate its duties to one or more of its employees, or to individuals or entities independent of the Employer. Sec. 5.2 Plan Not a Contract of Employment. The Plan is not an employment agreement and does not assure the continued employment of any employee or Participant for any time or period. Sec. 5.3 Plan Benefits are Unsecured. No Participant shall, by virtue of the Plan, have any interest in any specific asset or assets of the Employer. A Participant has only an unsecured contractual right to receive payments in accordance with the Plan. Sec. 5.4 Plan Benefits May Not Be Assigned. No Participant may assign, pledge, or otherwise dispose of any benefit under the Plan prior to actual receipt thereof. Sec. 5.5 Amendment or Termination. The Employer may amend or terminate the Plan at any time. No such amendment or termination may deprive a Participant of the right to have the balance credited to the Participant's Account(s) as of the date of the amendment or termination applied to pay expenses incurred by action of the School Board or by any individual or com- mittee to whom such responsibility has been allocated by resolution of the Board during the Plan Year in which the amendment or termination occurs, but the form and timing of the payment of said benefits may be modified. APPERDIX A A-1 Benefit@• A Participant is entitled to reimbursement from the Participant's Medical Care Expense Account for Medical Expenses incurred during the Plan Year in behalf of the Participant, the Participant's spouse or the Participant's Dependents, subject to the following: (a) "Medical Expenses" means expenses for medical care (including den- tal care) as defined in Section 213 of the Internal Revenue Code, but only to the extent such expenses are not reimbursed or reimbursable by the Medical Plan, by insurance, or from some other source. As a condition to receiving benefits under the Plan, a Participant shall make every reasonable effort to obtain reimbursement of medical expenses from other available sources. "Medical Expenses" covered by the Plan includes ambulance or other transportation costa essential to medical care but does not include other transportation costs. (b) "Spouse" means the legally recognized s",ense or i Participant. Benefits with respect to a Spouse shall : ..Non the dissolution of marriage to the Participant. (c) "Dependents" means persons defined as such in Section 152 of the Internal Revenue Code, unless the E-Moyer adopts a narrower defi- nition by an administrative rule. (d) Medical Expenses 1 r during the Plan Year by the Participant, the Participant's or the Participant's Dependents at a time when the Participa .t a Participant shall not be eligible for reimbursement and r Ilan. Expenses are considered to be "incurred" when " r riving rise to the expense is rendered. (a) A Participant shal .titled to reimbursement for Medical Expenses incurred . ..tg a • ticular Plan Year except to the extent there are amo .tdtted to the Participant's Account for that Plan Year again rnich benefit payments may be charged pur- suant to Sec. 4.4. In any event, no more than $5, per Plan Year may be reimbursed to a Participant for a Plan Yet (f) Claims for reimbursement of Medical Expenses incurred during a Plan Year must be submitted to the Employer no later than October 1 following the end of the Plan Year. (g) Claims under thtr. Appendix shall be male in acc-rdanre with rv]es establish"d by the Employer. 20681 :l- UPON MOTION by Lucie Taylor, seconded by Jim Franklin, the meeting was adjourned. K�r'ne P. Crosby, �er Approved: Dave MCKown, Lhalrynan MINUTES OF THE MEETING OF THE SCHOOL BOARD OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON DECEMBER 8, 1986 The regular meeting of the School Board of Orono Independent School District No. 278 was held on Monday, December 8, 1986. Present: Dave McKown James Franklin Thomas Mich Don Anderson John Maresh William Fenholt Kitty Crosby Lucie Taylor Dave McKown expressed appreciation to Dave Sohn and Bruce Frahm, industrial arts teachers, for their presentation to the Board at the high school prior to the beginning of tonight's Board meeting. UPON MOTION by Kitty Crosby, seconded by Don Anderson, the consent agenda was approved as follows: - approved the minutes of the November 10, 1986 regular meeting; - approved the appointment of: Paul Stang Head basketball coach - boys Brian Bergstrom Assistant basketball coach - boys Steve Schulte Assistant basketball coach - boys Kevin Sharpe Assistant basketball coach - boys - middle school Bret Smith Assistant gymnastics coach Dave Shavlik Assistant hockey coach Bill Simpkins Head wrestling coach Roger Mischke Assistant wrestling coach Todd Meyer Assistant wrestling coach - middle school Hillary Woodworth Assistant ski coach - approved a variance request for Erin Wondra to attend Wayzata Schools for the remainder of the 1986- 87 school year; - approved a variance request for Mark McClay to attend the Orono Schools for the 1986-87 school year; - approved the following Community Education classes to be offered winter of 1987: various cooking classes, Weight Watchers, Understanding Securities Market, Investment Strategies, Handwriting Analysis, card games, Karate, Create a Heirloom Doll; - approved the bills as covered by vouchers 053880 through 053943 and 053213 through 053439; - approved the Treasurer's Report for October, 1986. Dr. Mich reminded the Board of the AMSO Legislative Dinner on Wednesday, December 10. Dr. Mich reported that twenty students are participating in the French class which held its first class today; that he had had the opportunity to teach the high school humanities class and appreciated being able to observe/interact with the students; that the special education audit had been delayed until spring; the the Newsletter date had been change.] and commencing with the February issue, residents will receive the Newsletter on the first of each month and that the annual report will be sent to the community in the interim; that a number of students had participated in the piano recital at the high school on November 20, 1986; that a number of musical events, which are highlighted in the PIONEER, are occurring in the District during this week; that on November 19 Joe Mechavich, student at the high school, was a piano soloist in the Minnesota Orchestra Young People's Concert; that a reading program was held on November 20 at the elementary school in which community people, Board members and admin- istrators participated. Kitty Crosby and John Maresh both stated that they had enjoyed participating in the reading program at the elementary school on November 20. Lucie Taylor informed the Board that Orono has approved development of the par- cel of land directly across from the school and it is anticipated that the first construction will be completed within approximately two years. Jim Franklin extended an invitation to the Board to an openhouse on December 17 at the Sheraton Park for Mary Roberts who recently resigned her position as Executive Director of 11MSD. Mr. Franklin informed the Board that the Orono Hockey Boosters are in the process of setting up a $500 scholarship. Dave McKown stated that he had had the pleasure of attending the Minnesota Orchestra Young People's Concert in which Joe Mechavich had parcicipated. Mr. MCKown stated that he was proud of the Orono students for exhibiting so much pride in having "one of their own" participating in the concert. UPON MOTION by Kitty Crosby, seconded by John Maresh, the Board approved the 1986-88 contract of the Coordinator of Buildings and Grounds as recommended by the Board Negotiating Committee. With regard to the long-range planning charges and committees, Dr. Mich stated that he had one amendment to the curriculum committee and that would be the addition to that committee of a faculty representative who has knowledge of the development of education for enrichment, high potential and gifted. UPON MOTION by Lucie Taylor, seconded by Jim Franklin, the Board of Education approved the charges and committee membership for each of the four planning groups (Curriculum, Staff Development, Community Relations and School Facilities) as follows: Approved by the Orono Board of Education - December 8, 1986 CURRICULUM COMMITTEE Charge: To recommend a procedure and form for the documentation of the existing program of studies. To recommend, in light of existing practices, a curriculum review cycle for the systematic updating of the district's program of studies. To recommend procedures and/or mechanisms for the ongoing vertical coor- dination of the district's program of studies. To review the district's program of studies and to make recommendation to strengthen the curriculum in light of state requirements, the North Central Report, the district's enrollment projections. To recommend procedures and/or mechanisms for communicating the district's program of studies to parents and other community residents. Organization: Chair: Administrative Liaison: Administrative Representatives: Faculty Representatives: Parent representatives: Kitty Crosby Tom Mich Kent Minter Ron Gilbert Two elementary teachers Two intermediate/middle school teachers Two high school teachers One special education teac r One teacher knowledgeable in development of education for enrichment, high potential and gifted students Open to one representative from the PAC's and PER committees Appro . by the Orono Board of Education - December 8, 1986 STAFF DEVELOPMENT COMMITTEE Charge: To recommend a sys' —atic instructional staff development model which takes into account a rationale for ongoing staff development, the developmental needs of professional staff members, and the recommendations of the North Central Report. To recommend a catalyst program which will function as a springboard for other staff development activities. To make recommendations regarding the procedures and mechanisms for offering staff development workshops, courses, programs and other related opportunities. To assess the current instructional staff development activities. To assess the current classified staff development effo&s and make recommendations. Organization: Chair: Board Representative: Administrative Liaison: Administrative Representatives Faculty Representatives: Lucie Taylor Don Anderson Tom Mich Warren Nelson Karen Orcutt Two elementary teachers Two intermediate/middle school teachers Two high school teachers One special education teacher Approved by the Orono Board of Education - December 8, 1986 COMMUNITY RELATIONS COMMITTEE Charge: To develop community relations goals for the school district with attention to the wide range of publics in contact with the schools. To assess current community relations activities in light of the stated goals. To recommend community relations activities for each of the stated goals. To recommend activities for marketing the school district to potential stu- dents and their parents. Organization: Chair: Jim Franklin Board Representative: John Maresh Administrative Liaison: Tom Mich Administrative Representatives: Marvel Bongart Toni Bergland Brian Bergstrom Faculty Representatives: Three teachers Parent Representatives: Four parents Community Representatives: Two residents Approved by the Orono Board of Education - December 8, 1986 SCHOOL FACILITIES COMMITTEE Charge: To assess the current instructional space utilization of the schools. To project +he instructional space needs of the school district for three to five years in light of projected enrollment. data. To develop and consider options for addressing the school district's instructional space needs. To assess the current district administrative space utilization. To develop and consider options for addressing the district administrative space needs. To review the internal appearance of the middle/intermediate school and con- sider the development of a plan for improvement. To recommend a plan for: -instructional space needs -district administrative space needs -upgrading the internal appearance of the middle/intermediate school Organization_ Cha r: David MCKown Board Representative: Don Anderson Administrative Liaison: Bill Fenholt Ex Officio: Tom Mich Administrative Representative: As needed Reaction Panel: Composed of selected faculty and com- munity mem,lers Discussion ensued reg, ling the possibility of an evaluation/staff develomxent program for coaches A. training in CPR for coaches. These -• s wig explored/studied by administration. Marren Neison provided information to the 8odrd regarding the process/reasoning for the developmo,lof procedures in suicide prevention. The following faculty members served u.. the committee and were present at the meeting: Betty Beach, 'leo Bloemendaal, Ted Lockwood, JoAnn Ree and Tom Nasbotten. Lynda Meador also served on the comic-'t but was unable to be present. Committee members provided information/explanation of the suicide preventic procedures which covered such areas as intervention, immediate danger signs, events in an individual's life that place them :'. risk or personalities that are at - k, procedures to be followed at each level A ^ ';he respons^ iiities of an interventionist. 'he next step for the committee, now that the !l-ard is aware of the plan, will be to train staff regarding their roles as c:,ncerned persons. Students will also be made aware of their reponsibilities it their peer relationships and ave- nues for them to follow if they have , -ern about one of their peers. Dr. Mich expressed apprcci-"on to the coma. .ee for attending the meet g and providing this information .o the Board. He stated that the time,ef they have put forth will benefit all as this is an area which a 'ects ev, •ther as ind` iduals or as a -ystem and the cor'ise '^f rmati, hich t:L a put together will be readily avail.A', f,,r evcryor:e to util..e if/when oke need arises. *ON MOTION by Jim Franklin, spc I by Lucie Taylor, the Board of Education -,proved the district level goa, smmozrintendent goals for the 1986-87 _%uol year as follows: F, iroved by the Orono Board of Education - December 8, 1986 DISTRICT LEVEL GOALS L. Respond 'o the recommendations of the North rentral Association's Viriting Committee Report. - Seek faculty reaction to the recommendations by means of faculty and/or dpnartment level meetings - Seek administrative reaction to the recommendations from the Administrative Council - Prepare a draft response to the reconmendations for Board of Education review - Submit a final response to the recommendations for Board of Education approval. 2. Initiate a long-range planning process focusing on the areas of curricu' staff development, community relations, and school facilities. - Devel, a planning process .nvolving Board of Education members, admin- istras or., and representatives of the faculty and/or lit - Establish a specific charge for each of the planning r - Communicate about the planning process to the faculty com.,.,. y by means of the District Newsletter, local newspapers, an.: faculty meetings - provide regular reports to the Board of Education on the progress of the planning process and determine a time line for completion of the work. 1. Determine , solution fur the 1987-88 enrollment/^lassroom needs. Using districL projections assess the classroom needs and space for special pur• es reguir4 in 1987-88 Relate the short terra fa ilities needs (1987-88) to 'he long-range planning of the School Facilities Committee - Develop tNr options atidn•ssing the 1987.88 sth .I year facilities needs Provide a s-, intendent's recommei'ation for one of the options. 4. Review the genera' ..d as projected for the n.at three years and rer.omrend appropriate act, necessary. Review the general fund projections as devr .Jed by AMSO an district analysis Review enrollment projections and tren0i and determine probability of any changes to the projections for the next three y, rs Consider the impact on programs of budget reductions to address general fund deficits Consider the possibility of an e• levy referendum Devel,,p a ;Ian of action and imp eme..tation strategy. Approved by the Orono Board of Education - December 8, 1986 SUPERINTENDENT GOALS The leadership and managerial responsibilities of the superintendent are outlined in the job descri 'on. The identification of specific goals is both a planning device and a mean of br'.nging emphasis to certain activities as pro- jects for a given schooi .year. - Provide leadership for the initiation and completion of the district level goals. - Became familiar with the organization and procedures of the school district and with the school community. - Establish a working relationship with members of the Administrative Council - Maintain contact with faculty and staff by means of school and work s;!e visits - Observe the instructional process by means of visits to dir• ict classrooms - Establish visibil'ty with the community by attendance at selected com- munity and school events - Participate in the professional associations of the metropolitan area. Coordinate and centralize the personnel practices of the school district. Develop a listing of procedures for personnel matters to be used I 1 administrators Develop a process for the recruitment and hiring of new teachers. • Promote the instructional priority of the school district. - Emphasize instrur anal issues in the development of Board of Education me. " ig agendas - P1a.; and facilitate occasional Board of Education workshops devoted to instructional issues - Devote significant attention to instruction and instruction related topics in the superintendent's column in the District Newsletter -.kp advantage of opportunities to speak to parents, community members, ommu^ity groups about the instrur" lral prior+*v of the district. Dr. Mich briefly provided reasoning/clarification of both the district goals and his own goals. :e stated that his intention for the Board will be to review the Philosophy of Education in the spring and that in the future the setting of goals will typically be done in late spring or early fall in order to provide direction at the building and district level for the coming school year. The Board also received, as an information item, objectives from each administrator. Dr. Mich stated that he will utilize these objectives to aid him in his eval- uation of the progress/responsibilities in each administrator's area. UPON NOTION by Lucie Taylor, seconded by Jim Franklin, the School Board passed the following resolution: RESOLVED: That the School District prepay, on June 1, 1987, from reserve Debt Service Funds, $220,000 of L ads from the 1964 bond issue, by calling in the outstanding bonds in reverse order of serial numbers. Discussion ensued with Bill Fenholt providing clarification/explanations of this process and the benefits which the School District will achieve with this course of action. Bill Fenholt informed the Board that the Institute for Environmental Assessment firm has been engaged to inspect the buildings for friable materials. He stated that the proposed inspection is extremely detailed and a virtual guarantee that, once any additional corrective work that is recommended is done, the district will be in full compliance with EPA regulations. UPON NOTION by Lucie Taylor, seconded by Jim Franklin, the meeting was adjourned. Katheoide P. Crosby, Clerk Approved: ave McKown, n WILLIAM J. SIME, JR. 2106 SHADMOOD ROAD • WAYZATA, MINNESOTA S5391 • 471-0296 February i, 1387 officer bring Lnglish Orono Police Department 445 Willow Drive C. Do:: SG Crystal Hay, yN 55393 Lear Chip, Just a note to thank you for putting up with me for part of your shift last Thursday. I enjoyed it very wxL, Lad I still intend to make "Lark Thompton suffer through a similar ordeal soon, too, but nest time, no blood ! seriously, I feel I would use a different adjective to describe you. Instead of ..rggressive" I would use energetic. You are also enthusiastic and thoroughly uedio:ated to your job. From what I have seen, ycu are a typical representative of the Orono Police Department; ASD that is intended as a compliment. Sorry I forgot to take my packet with me when I left. hope I didn't cause a lot of e:;Lra work getting it delivered. Alsu, could you let me lmow the name of the book you were reading at home. It sounded interesting and I'd like to re"I it. rhar'lts again, I thiraK I learn,! a bit more about what makes our city work �inccraly cc - i�'f `tn`cin Ciltri '-ah Cc: ,hu!dn, r, 5098 Three Points Blvd. Mound, Minnesota 55364 k',' '&�U: MINNESOTA AUTOMOBILE INSURANCE IDENTIFICATION CARD Prudential Property and Casualty Insurance Company This card must 8 Pntdenliel General Insurance Company be carried in me voteat all eubaidarros of The Prudential Insurance Company of Antilles times, ' ante Addraae el hwwadFR GA1L J volley9 0ULL I.N FOffANn MN 55364 Eeecvee Data ' 10/O1/86 Np-moon Dm W01/87 Applicable with mop" to pw olowmp Motor Vehcb, . .. ln Mafia Veteela Immultec-nNumber est nlnsRnBILE mo__--_ I- TM Pohcy mains the meemu^ Imtnhly h"'na prep^ntwd by Mmnas..0 law Yw( DiDEa 9:910 111 N January 11, 1987 113 Chevy b0ase Wayzata. MN 55391 Public Works Department (--_ City of Orono p.o.Box 66, Crystal Bay, MN ��;.I ,IAN l 11987 Bear friends: This is to expnbs appreciation to Jerry Smith and the Public Works department for their efficient and prompt help on Decemher 31st. By fortunate. chance, an Orono Pubs:.; Works truck drove by that afternoon, and the plumber (worxing here) and I hailed them. They radioed the problem (water shut off) and Jerry Smith was here in a very short time. His assistance was vital. Jerry Smith went the extra step in cheerfully helping solve our "no water" problem. My wife and I are very grateful. Cordia ly, Y—L C—C(t, „all; N,Aron Lake Minnetonka Cable 443 OAK STREET • E%CELSO February 3, 1987 Mark Bernhardson City Administrator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: Cable complaint C. L. Ducharme Dear Mr. Bernhardson, r.ications Commission 55331 •(612)4745639 This lettr* is to document the phone conversation we had a few weeks ago regarding Mr. C. L. Ducharme's complaint. As I relayed to you at that time, this complaint does not constitute a violation of the Franchise Agreement with Dow -Sat of Minne- sota, Inc. (now Dowden Cable Partners, L.P.) as Mr. Ducharme's hone is located in an area of less than thirty hones per mile. Although I agree with you that this complaint could have been handled more effec- tively by Uowden Cable, this is a matter over which the LMCCC has no authority. Mr. Ducharme.omplaint is a contract dispute that must be resolved between him and Dowden Cable. The other matter you addressed was an expired solicitation permit. As permits are Issued by each city, it is up to each city to enforce its own permit requirements. Mary Smith has indicated to the LMCCC that the variety of solicitation permit requirements represented by each of our fourteen member cities has created marketing difficulties for Dowden Cable. The LM 'C has dir_zted me to send a letter to our members and ask them to review their solicitation permit rcquirements. That letter Is enclosed. Although I have no direct solutions to -he problems addressed In your letter, 1 hope this letter has served to clarity th., role of the LMCCC and its authority as related to these matters. Please feel free to contact me if you would like to discuss anything further. Sincerely, WE 77 Hot y-Hansen _ , Administrator FF'3 1987 Lake Minnetonka Cable Communicc"ins Commission 443 OAK STREET • EXCELSIOR, MINNESOTA 55331 • ;a 12) 470. 5539 February 3, 1987 Mr. Mark Bernhardson City of Orono Box 66 Crystal Bay, MN 55323 Re: Permit Requirements Dear Mr. Bernhardson, Dowden Cable Partners, L.P. has regm '.ed the assistance of the Lake Minnetonka Cable Communications Commission In communicating to our member cities teat they ire encountering difficulties pertaining to the necessary permits `or marketing in each of our member cities. These difficulties are related to 'ime lengths of permits which vary from city to city, and the amount of rep, it. paperwork involved in acquiring these permits. While the Lake Minnetonka Cable Communications Commission realizes that each city-s policy is up to that city, we urge you to i i aw your permit requirements with respect to Dowden Cable Partners, L.P. Dow( is operating as a licensed business In our communities under the Franchise Agreement adopte, by the Lake Minnetonka Cable Communications Commission and Its member cities. This may result in special consideration fur Dowden, as permit requirements are generally not intende, to regulate on -going resident businesses. Any action that your city nay choose to take to simplify Dowden's busier n acti- vities may result in more effi t service to current and potent'31 su.scribers. If you do choose to take action on this matter, your city should work with Dowden to reach an agreement regarding their marke' •o acitvilies in your city. If you have any questions abort this letter, please contact mt S i4cerely, j Holly Hansen Administrator cc: Jim Old. Mary Sm,th MINUTES OF THE PLANNING COMMISSION MELTING HELD JANUARY 20, 1987 ATTENDANCE 7:30 P.M. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley, Bellows, Hanson, and Taylor. The following represented the City staff: Building 5 Zoning Administrator Mabusth, Assistant Planning 6 Zoning Administrator Gaffron, and Citv Recorder Peterson. Councilmember Peterson was also .tient. 81097 VAN BECKHOUT 8:.;:.DING CORPORATION/ MR. i MRS. ROGER PLAb"tCT^v RODERICK CONSTRUCTION 2020 i 2080 SALEM COIF VACATION OF DRAIRAvE i._:TY EAS.24ENT PUBLIC HEAILING 7:30 - The Ar:idavit of Publication and Certificate Mailing was noted. Gary Roderick was present for this matter. Assistant Zoning Adm' tstrator Gaffron explained that is applicants are 3perty owners involved in th? VanEeckhout lot line rearrangement recently granted final approval by Council. That lot line rear 3ngement did not vacate easements existing along the old lot lines, and those old easements are no longe npropriate and act only as .. hindrano^ in develol.., t of the properties. This application is to Vacate those^ easements and provide new, appropriately located easements per .he new lot lines. Gaffron reviewed the location of proposed easements. No one was present from the public regarding this matter and the public hearing was closed. Bellows asked whether there would be a problem with access over the newly created easement. Assistant Zoninq Administrator Gaffron stated access is &r i that should be addressed and resolved bet, men the proper owners. Bellows *f,. mmended that the ari .aement be recorued with the deeds. Chairman Ke - f— t that the utilities should be r,moved from d6<, Sa'^m Couit in orde- to provide proper pl-,cement of ...e house. iay'r r a.ieeo wit Ch..irrnan Kell�v-: rf<uvmendatior. .—opted C:,airma,- yellfry's n,^munendeC:on however F, ..f.l not rn: nq 4t a c% aitinr. 'f aporoval. MINUTES OF THE PLANNING COMMISSION MEETING HELD JANUARY 20, 1987 91097 VAN EECEHOUT BLDG. CORP. CONTINUED Planning Commission felt the cost involved should be the applicant's responsibility. It was moved by Chairman Kelley, seconded by Taylor, to recommend :,pproval of the lot line rearrangement at 2020/2080 Salem Court, vacation of drainage and utility easement and creation of new drainage and utility easement along the property line as proposed, further with the condition that the current utilities on 2020 Salem Court serving 2080 Salem Court be relocated within the property they serve. Motion, Ayes 4, Nays 0. #1096 J. VOGT AND M. HILBHLINE 95/175 WATERTOWN ROAD SUBDIVISION PUBLIC BEARING 7:45 - 8:04 The Affidavit of Publ' ation and Certificate of Mailing was noted. Mike Hilbelink and John Vogt were present for this matter. Zoning Administrator Mabusth explained the proposed subdivision involves the replat of Lots 2 and 3 Peterman Addition which was approved by the City 11/10/86. The new proposal involves the creation of 4 additional lots with total development at 6 lots. Each lot satisfies the area and width standards. 11.ere are no existing structures on the property. She noted that 'rainage is an important issue in this matter. She no ; hat City Engineer Cook recommends that a drain _ ditch be installed along the west lot lines of Lots 1 and 2 in order to prevent drainage from east to drain into adjacent property. Cook asks that the drainage ditch be defined along Lots 1 and 2 prior to lot development and that as lots to the north are developed any drainage to west be channeled to drainage ditch along west lot lines. She noted that all the lots meet the standards and are suitable for primary and alternate on -site septic systems. Pill Wear stated that he felt the entire drainage ditch should be constructed at this time. Xtr. hilbelink felt that the development of the lots would not ❑ffect the drainage pattern that has existed for many years. Joe Sawchuk stated he test the drainage should be designed for tha futu:o cmd carried out along the entire subdivision. N MINUTES OF THE PLANNING COMMISSION MEETING HELD JANUARY 20, 1987 #1096 VOGT/HILBELINH CONTINUED Mr. Vogt suggested that an agreement be made to review the drainage on Lots 3 6 4 after Lots 3 6 2 are developed. There were no other comments from the public and the public hearing was closed. Bellows asked how this private road relates to future development to the north. Zoning Administrator Mabusth stated that problems with soils and high water tables financially prohibit the subdivision of northern property into 2 acre lots at current rural standards. Bellows stated that she felt the road easement continuing to the north should be taken at this point. Taylor stated he felt comfortable with the staff recommendation as presented subject to following the recommendation by the City Engineer regarding the extension of the drainage ditch. Hanson agreed with following the City Engineer's recommendation. Mr. Hilbelink raised the issue of the road being 24' wide. The applicants felt this width was unnecessary for the purpose of serving 6 homes. They would like to reduce the width to 161. Zoning Administrator Mabusth stated that 24' is the City standard set specifically for "private" roads at a 6 lot level. She recommended that the applicants put forth their desire for a 16' road in writing to be submitted to the Council. It was moved by Taylor, seconded by Hanson, to recommend approval of the preliminary plat, Peterman 2nd Addition, per staff recommendation subject to the westerly drainage ditch being installed as recommenced vy the City Engineer. In addition, Planning ^ r.ission recommends that the private road be 24' wide. Motion, Ayes 3, Nays 1. Bellows voted nay stating that she believes the private road should be designated with an extension to north lot line at this time. MIWITRS OF THE PLANNING COMMISSION MEETING HELD JANUARY 20, 1987 ZONING AMENDMENT PUBLIC HEARING 9:23-9:34/10:34-30:52 The Affidavit of Publication and Certificate of Mailing was noted. Douglas Klint, was present representing the owner of Deering Island, Paul Scherber. Zoning Administrator Mabusth noted that notices were sent only to property owners within the RS District. She explained that there is an inventory of every property involved and that the changes consist mainly of a "housekeeping" nature (updating the facts on each property). Zoning Administrator Mabusth explained that staff received a letter from Doug Klint indicating concern regarding any reclassification of Deering Island to that of a substandard non -conforming lot. She noted that the amendment as proposed would still classify Deering Island as a conforming record lot and that the change merely involves the area factual finding for the island from 6.5 acres to 2.5 acres. Mabusth stated she would consult with the City Attorney on this matter and that maybe the record lot classification should also be changed. Pending resolution of Mr.Klint's issues stated in his letter, Zoning Administrator Mabustn recommended tabling the RS District portion of the zoning amendment at this time. Mr. Robb, a Big Island property owner, was present stating he did not understand the amendment. Zoning Administrator Mabusth explained the change involving his property to Mr. Robb. It was moved by Chairman Kelley, seconded by Bellows, to table the RS District (Deering Island) portion of the zoning amendment as recommended by staff, but to approve the liquor store use and public service structure amendment as proposed by staff. Motion, Ayes 4, Nays 0. Zoning Administrator Mabusth continued to review other pertinent sections of the proposed amendment which included parking lot use within a residential zone. Recommendations for the parking lot use included use of a 3' high sign to reduce obwtruct ion instead of the allowed 8'. Bellows recommended that the parking lot be closed off to the public• during the night. A natural buffer and/or p,i<ary fencing was also recommended. MINUTES OF THE PLANNING COMMISSION MEETING HELD JANUARY 20, 1987 ZONING AMENDMENT CONTINUED Mabusth stated she would draft a formal amendment per Planning Commission's recommendations for action at their next meeting. #1012 WAYZATA COUNTRY CLUB 200 WAYZATA BOULEVARD CONDITIONAL USE PRRIIT CONTINUATION OF PUBLIC NEARING Wayzata Country Club Groundskeeper, Jim Lindblad, was present for this matter. Assistant Zoning Administrator Gaffron explained this request for a conditional use permit to remove the accumulated sediments anO iottom muck from a pond and ditches existing at the eyzata Country Club. The ditches to be cleaned include approximately 300 yards in length between holes 10, 11, and 12, and about 450 yards in length between holes 15 and 18. The cleaning is intended to consist of scraping the existing banks and bed and resodding to the water line. It was noted that all spoils from the pond will be removed and placed on Wayzata Country Club property in the City of Wayzata; and the ditch spoils will be used as fill adjacent to the ditch area and seeded immediately to create low berms. Gaffron noted that at the original public hearing there were no comments from the public and the reason for delay of the application was due to timing and funding for the project. Mr. Lindblad stated that the purpose of the proposal is to correct a 30 year problem of silt build-up. Curt Quady asked if this would affect Lake Minnetonka by creating a faster drainage. Assistant Zoning Administrator Gaffron explained that the effects would be inconsequential because the work to be done is high in the Lake Minnetonka watershed and discharge from this area travels through a major wetland system prior to reaching the lake. He noted that City Engineer Cook recommends approval of the project subject to spoils being immediately seeded where they are left on the site. There were no other comments from the public and the public hearing was closed. It was moved by Bellows, seconded by Hanson, recommend approval per City Engineer's recommendations. Motion, Aeys 4, Nays 0. MINUTES OF THE PLANNING COMMISSION MEETING HELD JANUARY 20, 1987 #1080 JOHN MCDOWELL 3750, 3820, 3830, 3860 BAYSIDE ROAD REZONING CONTINUATION OF PUBLIC HEARING John McDowell and Gary Peterson were present for this matter. Zoning Administrator Mabusth reviewed the properties involved in the proposed rezoning, which has been amended to include only the area of the properties located within 1,000 feet of the lakeshore; and the potential lots that could be developed if the rezoning is approved. She stated that staff feels the City would benefit from the proposed rezoning because it would provide the environmental controls (i.e. hardcover) within the LR-lA zone, which they do not have in the RR - IA zone. Staff feels the City should pursue the rezoning, in the event that the applicant wishes to withdraw his application. Gary Peterson stated that after amending the request, the applicant does not really benefit by the rezoning. Mr. McDowell stated they are unsure of their direction at this time and that the only reason they a_e continuing to pursue this request is because the Minor's would like the sale of the entire property concluded as soon as possible. He requested that the Planning Commission table this matter. There were no comments from the public. It was moved by Chairman Kelley, seconded by Bellows, to table this application at this time. Motion, Ayes 4, Nays 0. 41090 ROGER N. HOLLANDER/JOHN HOLLANDER 200/250 HOLLANDER ROAD SUBDIVISION CONTINUUATION OF PUBLIC HEARING Present for this matter were John Hollander and Mark Rurik, attorney for the Hildur Hollander Estate. Assistant Zoning Administrator Gaffron explained that Planning Commission tabled this item at the November meeting pending further input of information and resolution of specific issues remaining from prior subdivision approvals. He reviewed the additional information on these issues as follows: 6 MINUTES OF THE PLANNING COMMISSION MEETING HELD JANUARY 20, 1987 i1090 HOLLANDER CONTINUED a) Regarding road easement and maintenance covenants- Applicant's attorney submitted a document that was filed in the chain of title of Outlot B, however, this document contained no signature and therefore its validity has been questioned by staff. A preliminary opinion by the Examiner of Titles indicates that since the document was accepted for filing in 1979, it is valid for those properties where at least one transfer of title has occurred without challenge to the document. In the Case of Outlot B, the indication is that the document may potentially be challenged and declared invalid, since no transfer of title has occurred. If that happened, the two lots proposed to be created from Outlot B would not be subject to the private road convenants and maintenance. Staff recommends that the property owners be required to properly file a new road easement/maintenance document. Attorney Rurik stated that they will do what is required. b) Septic testing for secondary drainfield sites on both lots has been submitted and is found to be acceptable. c) Regarding the existing garage that was to be removed as part of the original Holly Acres subdivision, applicant's attorney stated in his letter of 1/7/87 that the estate agrees to remove the garage. Regarding location of a new detached garage, staff contends that this is a "through lot" and construction of a new detached garage should require a conditional use permit. Attorney Rurik contends that these are not "through lots" because the lots are between a public and private street, not between two public streets. If the City does not interpret the ordinance as he has explained. then Lot 2 must be considered a •corner lot". Based on staff's interpretation for Lot 1, it is recommended that a condition be set that any accessory structure must maintain 50' setback from rear yard (County 6). Attorney Rurik agreed to this condition, and noted the estate does agree to removal of tte existing garage on Lot 2. MINUTES OF THE PLANNING COMMISSION MEETING HELD JANUARY 20, 1987 #1090 HOLLANDER CONTINUED d) Regarding the accessory structure on Lot 1- there is an existing rental house. Because there is a subdivision now that would essentially create a 2 acre single family residential lot, staff recommends that this second house be removed within 6 months of final plat approval. He noted that the other option of the house remaining as a "guest" house would require lot width/area variances. Attorney Rurik contended that because they have a pre-existing use as a non -conforming structure (same as the barns) in the previous subdivision, the City cannot require its removal. However, the City can prohibit rental of the house. Assistant Zoning Administrator Gaffron stated that the barns, if considered as storage structures, are a conforming use, but the rental use of the second house on Lot 1 is a non -conforming use which would require a "use variance" if allowed to continue, while guest house use of that structure is a new conditional use that does not meet the performance standards for sl:ch a conditional use. Gaffron stated that another alternative would be removal of the plumbing from the house and use for storage only. Because staff has not discussed the legalities of the rental house with the City Attorney, Rurik stated he would discuss this issue with the City Attorney between this Planning Commission meeting and the Council meeting. Assuming the City can legally require its removal, Planning Commission felt the house should be removed. e) Regarding Lot 2- the house does not meet required front setback, requiring a variance. Planning Commission had no problem with the variance being granted. Again, Rurik contends that this is a "grandfathered" non -conforming structure. He recommended that the Planning Commission act and make their recommendations as they see fit, and let the legal aspects up to the Council and City Attorney. MINUTES OF THE PLANNING COMMISSION MEETING HELD JANUARY 20, 1987 i1090 HOILANDER CONTINUED f) Regarding the existing barns on Lot 2, staff previously contended that because the barns are in excess of the allowed 1000 s.f. and would be used for storage, a variance would be required for them to remain on the property. However, the City Attorney has since submitted her opinion that the barns are "non -conforming pre-existing" and that the only stipulations the City can enforce is prohibiting the housing of animals because the barns do not meet the required setbacks. He noted that staff has not made a formal hazardous building inspection of the barns, which if found to be in hazardous condition, would require their removal. Bellows stated that she does not feel comfortable in making a recommendation with so many unclear issues. Hanson stated he feels they need legal counsel before making a recommendation. Chairman Kelley and Taylor felt they should put legal issues aside and make their recommendations as they see fit. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Taylor, recommend approval based on the following findings and conditions: 1. Both proposed lots are to be covered by the "Declaration of Road Easement and Declaration for Maintenance of Same". 2. The existing detached garage on Lot 2 must be removed prior to final plat approval. 3. The existing access to County 6 must be eliminated by regrading prior to final plat approval. 4. Standard drainage and utility easements shall be dedicated on the plat. 5. The existing drainage easement for wetland on Lot 1 shall be shown on the new plat. 6. The City has reviewed and accepts the proposed primary or alternate drainfield sites for primary resideece on each of Lots 1 and 2. 7. Both lots meet the 2-acre minimum lot area requirement for a single family residence. S. Planning Commission finds that the primary existing access for Lot 1 is Hollander Road, the front lot line exceeds 200' width, therefore, no variance is required. MINUTES OF THE PLANNING COMMISSION MEETING HELD JANUARY 20, 1907 i1090 HOLLANDER CONTINUED 9. Lot 1 does not meet the code requirements for a guest house, therefore, recommends removal within 6 months of final plat approval. 10. Existing house on Lot 2 requires a variance of 0.71 feet to the required 50' front yard setback, Planning Commission recommends approval of the variance. 11. Planning Commission declines to recommend removal of the existing barns on Ent 2 based on the City Attorney's opinion, but notes they should not be used for animals. 12. For Lot 1, for purposes of placement of accessory strucutres, Hollander Road is the front lot line and County Road 6 is the rear lot line. All accessory structures shall meet the standard 10' side setback requirement and shall be subject to a 50' rear setback (County 6). 13. For Lot 2, for purposes of placement of accessory structure, a 50' setback shall be required from all lot lines abutting County Road 6 or Hollander Road, and the standard 10' setback shall be required from the lot line abutting Lot 1. Accessory structures shall be no closer to County Road 6 the the extended front line of the existing (.or future) primary residence on Lot 2, and no closer to Hollander Road than the 50' setback line or no closer than the future setback of any new house constructed on the property. 14. Planning Commission recommended that a conditional use permit for accessory structures on Lots 1 and 2 is not required, except a conditional use permit should be required for accessory structures on Lot 1 if the City Attorney's opinion is that Lot 1 is a "through lot". Motion, Ayes 2, Nays 2. Bellows and Hanson voted nay. 61098 C. NAYNE LENEAVE 360 WAKEFIELD ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 9:35 - 9:47 The Affidavit of Publication and Certificate of Mailing was noted. C. Wayne and Anita Leneave were present for this matter. Assistant Zoning Administrator Gaffron explained the request for a conditional use permit for excavation of a decorative pond. Ile noted that the area proposes to be a pond is not a designated wetland but is a low area about 100' from a designated wetland easement. The pond ds proposed is only a few feet from neighboring property to the soutb. 10 MINUTES OF THE PLANNING COMMISSION MEETING HELD JANUARY 20, 1987 91098 LENEAVE CONTINUED Christine Earls, 320 Wakefield Rd., neighbor to the south, was present and stated they are in favor of the proposal. It was noted that City Engineer Cook in general had no problem with the pond, noting that it is relatively high in the watershed above Lake Minnetonka and probable will act as a pothole to trap nutrients rather than send them along downstream, hence perhaps be of some benefit to the watershed. There were no other comments from the public and the public hearing was closed. It was moved by Chairman Kelley, seconded by Taylor, to recommend approval subject to the following conditions: 1. Revegetation of disturbed areas to proceed immediately after grading is complete. 2. Granting of conservation and flowage easement over completed pond area. 3. Protection of downstream drainageways by silt fence or other means during excavation process. 4. Removal of excavation material from site. 5. Applicant has the right to perform maintenance dredging without a conditional use permit, but must obtain the required grading/land alteration permit. Motion, Ayes 4, Nays 0. 11099 CAROLYNME A. WEBS 2765 FOX STREET VARIANCE PUBLIC HEARING 9:48 - 9:53 The Affidavit of Publication and Certificate of Mailing was noted. The applicant was not present for this matter, however, Assistant Zoning Administrator Gaffron suggested that the Planning Commission consider this request in her absence. Assistant Zoning Administrator Gaffron explained the request for a front yard setback variance to construct a two-story deck to the front of her home. A survey of the property indicates that the existing residence is only 34' from the actual right-of-way line, although the paved roadway is more than 80' away. Gaffron noted that as a result of the survey provided for this application, it was discovered that the applicant'sdrainfield is located within the platted right-of-way. This was recently installed and the location was approved by the City. Staff recommends that the drainfield be allowed to remain as -is, subject to the applicant executing a hold 11 MINUTES OF THE PLANNING COMMISSION MEETING HELD JANUARY 20, 1987 91099 HIHOS CONTINUED harmle.:s agreement, so the City would not be liable for damage to the system if in fact the road is widened or shifted ii the future. Given that the City has no plans to relocate the traveled roadwa, and given that the applicants perceived front yard is actually right- of-way, staff recommends approval of .he variance for the two-st pry deck. No one was present from the public regacOing this matter and the public hearing was closed. It was moved by Taylor, seconded by Hanson, to recommend approval per staff recommendation except '.hat Planning Commission recommends that a hold harmless agreement should not be required. Motion, Ayes 4, Nays 0. 41100 MICHAEL PLANK 4145 WATERTOWN ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 9:54 - 10:25 The Affidavit of Publication and Certificate of Mailing was noted. Michael Plank was present for this matter. Assistant Zoning Administrator Gaffron explained the request for a "temporary guest house conditional use permit". Applicant wants to move a second residence onto his property containing about 16.8 dry buildable acres. He intends to locate this residence so that it will meet the :squired setbacks and lot area requirements for a for a future subdivision. Applicant would be subdividing now, but the subdivision could not be completed in time to meet applicant's tight time schedule for acquiring and moving the structure from its present location outside of Orono. Applicant agrees to the stendard conditions allowing use of the structure only by occupant of the existing hou=^, and that he would ,screw funds to complete the surwlivrsion process. It was noted that septic sites have been tested and are suitable for a mound sewage treatement system near the homesite. Joe Sawchuk, 4105 Watertown Road, adjacent property owner, voiced his concern about the applicants desired driveway access to the new residence. He feels a driveway between applicants existing house and his house will reduce the value of his property. He felt the east logical location for the driveway would be the where the existing driveway is, to serve the house to be moved in and possibly a third residence. 12 MINUTES OF THE PLANNING COMMISSION MEETING HELD JANUARY 20, 1987 11100 PLANK CONTINUED Mr. Plank felt there were problems with using the existing driveway. Chairman Re.. qy stated that Planning Commission may have no prcb.am granting the temporary guest house use, but recommended that the future access be resolved before submitting the application to Cou.1cil. Staff and Planning Commission recommended that after the house is moved to the site, applicant must use access from present drive. There were no other comments and the public hearing was closed. It was moved by Hanson, seco-ed by Taylor, to recommend approval of the conditions: a permit for a "temporary guest house use" for a pt -od of 1 year per staff recommendations and subject to the following conditions: 1. Temporary permit obtained to fill in the ditch (needed for access to move house in) for a period of time set by the Public Works Coordinator. 2. After 6 months all access must be made from the existing driveway for reconstruction of new house. 3. Subdivision application proceedings be initiated within 1 year. Motion, Ayes 4, Nays 0. 11101 JAMES E. MERTES 3237 CASCO CIRCLE RENEWAL VARIANCE PUBLIC HEARING 10:29-10:32 The Affidavit of Publication and Certificate of Mailing was noted. Mr, b Mrs. Jim Mertes were present for this matter. Assistant Zoning Administrator Gaffron explained the request for renewal of lot area/lot width variances granted previously on 1/13/86. No changes are requested from the previous approval. Mr. Mertes explained that because he has been unable to sell his Shorewood residence he has not been able to commence construction of a new residence on Casco Circle. He anticipates that construction will begin in 1987. No one was present from the public regarding this matter and the public hearing was closed. 11 MINUTES OF THE PLANNING COMMISSION MEETING HELD JANUARY 20, 1987 #1101 MERTES CONTINUED It was moved by Taylor, seconded by Chairman Kelley, to recommend approval of the variance renewal as presented. Motion, Ayes 4, Nays 0. ZONING AMENDMENT - PERFORMANCE STANDARDS FOR MON-RENTAL/ GURST APARTMENTS WITHIN PRINCIPAL RESIDRNCES- SECOND REVIEW Assistant Zoning Administrator Gaffron reviewed the proposed amendment per the Planning Commission's direction at their November meeting. It was moved by Chairman Kelley, seconded by Bellows, to recommend approval of the zoning amendment as presented. Motion, Ayes 4, Nays 0. PLANNING COMMISSION REPRESENTATIVE Chairman Kelley was appointed to attend the February 9, 1987 Council meeting. APPROVAL OF MINUTES It was moved by Hanson, seconded by Chairman Kelley, to approve the Minutes of the November 17, 1986 Planning Commission meeting as submitted. Motion, Ayes 4, Mays 0. ADJOURNMENT 11:00 P.M. The Planning Commission meeting adjourned at 11:00 P.M. D 1�6C�0�1'f. FFR -61981 1095 .irowi .ws:: orth Lon.- LzI:c, 551`�6 City1iAttorney . Orono City Offices 1355 Brown Load South Crystal Try, i_innescta 55)23 .)so- Latky. I live acroso the street from 'Trinity Lutheran Church. Their bells, which are vere loud, ware me up at ^:15 every Sunday morning. I don't see why I should have to wace up just because the Lutherans are having church services. ':Liy shouldn't this church have to obey the noise ordinances the ,We as the rest of us do? The Constitution says •ea. are not suppo::ed to have or. established reli;yion in this country, so I don't thin[. a church should inflict the noise of its bells on other people. I don't disturb the Lutherans with my reliious observances, so why should they havo to disturb me with theirs: I woiiiu apprrci=t- anythinC you ce:i do to Yelp 4ith tnis problem.. 3lncemly,\ . .... . 1 _ , ... c`.,,.i�try t,,tc}. rr. .y All" R is S[IUDLS 59GSR8•S In talk aMld 11 Tmnrtr Irllb Cullman lltfM saw, 1+ Y+n e.•w,nN 56(q Lei. 9 l... MI ucpdal h the tithe And all pre In arft.. bIIW by the Ildswl. MnoA,a gSBf1 .-yan,l. ... 41 ena,e••t led[ the swMei Wre aprert n phi'.. the orml nlSAB kOO1 BMA•IFFIIei ylegi ,+1 and irt,"rer'a sport I Mlen[ea. 1k1+aw MwWy. dapael B. I� lla we further ' flow the Inl kAed .plleq and Inther rtw M1ea tMl d nun; Mne (Minutes to Ad .pmN February 9. IM1) AM, the pay t of [err , I'll, M elate And Inuu+ ! funds far M9el leeenawe.• d fell tall rule lit-- +aA,.,,.t'• .n ether powers vetoed ap. M1nl a6sMt Any, llm .....M jkj e / The regular an sing of tell school board noa called to order at 9:09 vas neSpgnL [helbo cored, wlauftd by Ptthtel. lest the 1~ 1^ne Spa-• M tocktm In the Lecture Nil of the bstona. C.1ty Center. Present: board gYlSAL11P15 I.,m pnawl VensactlOns renaeendel ru the Aur-I� + biers CAelbory, bllo.lell. Myer, Pacifist. Pltsch. Scheldt; SAL l vltl.I�alwa•.� IA.• Petition sprored m.nleooall b roll ell mtr. Simmons; Alit. Sills. bnnftnbu.q AM Myers; .dwelstrerors. peblfr. P.B. Coordinator. press. Staff eAn I'll. utter fritk had an lic.AO DIXMTIAIMIICS Chalhery prnd, ircouded by MP•• IN, she sc Mph N.•e ...... " + .ba•n.A. 0I Pp68N6/ superintendent And eduhnl Atr.tlpo to IOnAhft• dla+ntum.nr• • ! B�y.w The boats to the fully of AWald Myer. eluenlary IBSITIMAS and "Aloof .M MY• McaMrtides to <N .IMOI M.r.1 .1 f Its ` !0 extended sypalhY dlvelsfed kDedde itln PS•. Dr. PKBI., mr•d t" snd the mFne, .1 gu , . Bpi l,cher ale pored ae.y dupeay, it.. The elelasery schools wore anticipated aWnt of the "mysee .eduaidn to 1N I r. ae•.W. at I p.e. Tmtdq far the lateral. Board IMer Byer aticl"t.d.e MY resaltlp 1. the fa11Wwq surying •MYren, the nwvbl t...., •'.. Arm protlus In aecietsflllY notifying parents of .11 elpenbry children the school district dictates IMl tar udonl Beare antl rowr e+nemn...a of the early dlplssal add Asked for .SSuruc<s test pryer WlIf1UtIW ror the IMr-M school p.,. M,'in Ih_ e.,nlatr.t,p, e11y e,•.••a procedures Me been obaereed. _ t o be Abel 1EM.0D0AM Ts .eeikien Al.Irf fir My irtdrlclsW [g�nded or. Sbrtnson far eatabllshinq 9ulal Lrcx far �6e ���u�e ^1 the uIi,Ipnu Y+Y ulx Ibum, In wen ••I^M-gull n. hlry participation In physical adYcatlen for studWlf Nlh health prahlees. calleue 1 and .prorM vn roll oil cote. Out stated he felt the district should be respoAshble, for the e+panus li A to oil cote u .ended mtln•r en b<, her .bs.nt he has Incurred because of his daughter's are Inj.ry. end.amed the school POLICIES: Clark CMlborg part the tine Ie.e lnq "1 e•apoA•d wltr,.t elel rtcWrSe ws la board 9f belaq pgllgmt in Me .1 lnfeed his be], legalMbr. +l 0 MAndLM SIEBI• .6114 1 LIaCU IIC oiSU56 a D• 11•....1 1 Ne teamweact,. .,lust the district AS team Is 1MIdNtl fur.O for this Muslim. ut r•ld fine Miss e dlt,<t caltlto 1o•w l+,.+'4 tb Input am' Wro situation' Ceasinia prpppd policies tell po11[iei rill N dl arusue .1 rN frbu•r 11 a• Dun Ulrld. Co�unity Services Director. Infuriated the board that 97% of Blspset _ sAsiu. lept tru Alall Ica, the Aasur+n•e fir wh N�, Mllr, 11 duel l[Ited rla in Ce NadS +M �• ••!a tell adults t.kln9 Ihe MD lest Mu obtained ek 9riduatlu certificate, urgefif,Id 1-11 ^• w or. Ie[Mel urged Its gendA flee M w•luer w n+w•• the . les, be sung that the Ito and bin graft girls basketball tesm Mye Advanced m m... for cm.11ed al tM ..bits mule N w@n'uus .. .... IN the CWlertpe Chsplowship rounds. board rtgpat" the policy on G tc.1,1e III—— N 11111y na a CIE6'5 [helberg peed. tttonded by Scheldt, that the sc Mel board ..,rove .1 dock+ be district legal counA•I .1.1 IN +tud1 "Ilea+ BFpe1 presented the Asuples of the regular school board noel-, of Decae6er B IBM-m kaooi boaSt rd aff 4NYul.ed Its Ibal .•+e.ne nl IN i-s-•u ^^ +' and the apclal eeth eetmg of Decer 15, IMM 6. With disc ... 1W led mti.n SOMOI shoal calendA.. awthedf al Inl"•uiq Ine Whir, .fie .. ,q .nogg•.,,-.. was .pprWed by m.ntpvs roll call pate. frltk absent. MEMR for cMMea klve adoptin. In peerwq 11 discuss', _WperaiW rim prom in D41+1c1 ]A, lrnq..•, .. COBIITRE Dc Stevenson Invited the board l41r5 to look 1. W IN sessions at the b! m calendar conflicts !coax or St.,. comae• IN, BFPaIS high school acing ellh the Byer Or], IAve.to" and EII•ctlre Schools attor Labor Ms..W Delnq Ia Ard In •e 1^ 1-Nd v�.n Progrn during iocher Workshop anq link. the Only aM,es "I.Me In the a nl ...... A Short counts pre node by the Budget. Polly. personnel And Curncculie and dust mAsiop dust. CMl. .rite fi. sued fur bo+Yet •gut+•, a and the pu .c ...M Ica +phi., . Y-! ell' be A1Rlllhehin Caltt,i. Dr. Pechmu tel aaceshipmentshipmentplans art set for the All EploYee no Or srbll cams. MI&IM r social Event at MldIN Feb. 6 aed the Staff beneMl Epioyer Mcognitloo planar April 30. The Staff b,epl Cdnoltme IS planning A IM6-81 Chelbory eyed. ,,..d of '+,--a' A•n .111-11. na, ^ ' he,r district brochure as Dart of the district Animating plan, using the KvlMD the IM6-M ...,aed .11 +apr.u•1•e ,. .q.^+. '••• A'' n rcu district Slap": •Prhft 1n the Past, sidewise for the futam, Any IBOCEI ."Argue nil call will, cotton w.n,mmlY ...... n. eplaMa boo pule like to participate are plc to join led conolttee. 19M-B1 N e .0 knouldt ittm4d the mlid. of tNl Nrq tMlitrw •�, The schoolbp e participation In a M-Advers.rlal negotiating board uill FA la^+n1 IW-ey 1 fin. rert n +Beef.+[ V Works ecoepMed 1 treat Counsel bars braflt. BW r Y 9 1WS n nnnllmtM tM tow AM•...a na b by I •II r m• 1 •, .� Hsl h 1..k1 - 6 _} fir. Brandenburg suggested the Policy Committee work on a policy regarding early dlrmissal for funerals. Dr. Pechtel requested the administration give the Policy Committee suggested wording for discussion. Dr. Stevenson requested Input from the teacher organizations also. A first reading was suggested for presentation at the February beard meting, with further attention given at the February 23 study session. The meting adjourned at 9:14 p.m. Patricia C. Che berg, C crk Rodney L. Pitsch, Chat rmn *Complete documentation can be found In the permanent minute book. N / �i_-r � iC �. — rr.•rrm..-a.r� W w _ MOLV.uO!! lyp V �+ ; j� i Y'``;�✓t mw....w. a...vnw . rs ..,r.,�,w rnwr..a..,r. I a��'tf �•• PRELIMINARY PLAT ^9�KNV SON ASSOOM5.INC. pF ESTATE OF: osee .v HOLLY ACRES 3rd ADDITION NILDW N LANOER I 8p ;l a-1 PI PRELIMINARM PLAT PETERMAN 2ND ADDITION rE-1�4 I ft� 9,s9 mEPAVEo NN: MICMML J. MLBELIMN -ETI�IN{ TIC _ — N4 s' 5' sc,�4v-ry B p--?Sl a 12 zC.zp.uy 17' 1 �PF'' �q lgal