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HomeMy WebLinkAbout02-23-1987 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY FEBRUARY 23, 1987, 7:00 P.M. (*) Asterisk items are considered to be routine items to be enacted upon by one notion by the City Council under the Consent Item* on the agenda. r)iscussion will be held upon request. ROLL CALL 1 . CONSENT AGENDA* ` (H)PIM WETING 2. OATH OF OFFICE - Edward Callahan Councilmember FER 2 31987 APPROVAL OF MINUTE'S `� ff�� * 3. Regular Meeting of Fearuary 9, 1987 MY OF URONO PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINIS"_'RATOR'S REPORT 4. Comprehensive Plan Amendment #1 - Resolution 5. Or:.linance Amendment - Non Rental Guest house - Liquor Store - Public Structures 6. 211059 William Schafer (Margaret Bjork), 2259 Sha.iywood Road - Variance - Conditional Use Permit - Resolution * 7. 411"5 Thomas hitch, 1180 Lyman Rvenue - Renewal Variance - Resolution * 9. joint Use Dock Licenses - Six - Resolutions MAYOR'S REPORT 9. Planning Commission Appointment 10. Acting Mayor Appointment 11. Alternate Attorney Appointment CITY ADMINISTRATOR'S REPORT 12. Hazardous ;3uilding Proceedings - 200 Hollander Road - Resolutions (3) 13. }lazardous Building Proceedings - 3960 Sixth Avenue North - Resolution 14. County 116 Extensio-n - '_.dina - Orono 15. Highway 12 'Cask Force Upgrade 16. ;Iennepin Parks - Lake Minnetonka Re,ional Park 17. Facility Study - Selection of Space Study Consultant 18. Liquor Ordinance - Church Setback 19. 1987 Compensation - Liquor c'--ore Employees 20. Public Information/Marketing 21. Tlennepin Conservation District Legislative Package 22. Parking Restriction Molly's Corner 23. March Council Schedule *V . Off -Sale Liquor License Fee - Ordinance Amendmen, *25. C.D.B.r. Grant Applications *26. Volunteer Recognition *27. Cash Register Purchas(, *28. 1986 Budget Adjustments *29. City Aut,tion *30. Tloliee Officer Salary Adjustment - "lark Moran *31. Shardlow Utter of Agreement. *32. Administrator's Information Comprehensive Plan Amendment i2 AGENDA FOR COUNCIL MEETING SET FOR MONDAY FEBRUARY 23, 1987, 7:00 P.M. CITY ATTORNEY'S REPORT LICENSES (33*) BILLS (34*) ADJOURNMENT MEETING J FZ. ? 2 31987 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 ATTENDANCE 7:00 P.M. The Orono Council met on the above date with the following members present: Mayor Grabek, Councilmembers Sime, Goetten, and Peterson. The following represented the City staff: City Administrator Bernhardson, Public Works Coordinator Gerhardson, Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator. Gaffron, City Clerk ilallin, Chief of Police Kilbo, and City Recorder Peterson. City Attorney Blatz was also presi,nt. CONSENT AGENDA* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the Consent Agenda* subject to removal of the following item as requested by staff: Item #38 - 2500 Sixth Ave. N. - Flowage Easement Motion, Ayes 4, Nays 0. PRESENTATION - AWARDS OF APPRECIATION* [NARY BUTLER - RESOLUTION #2112 TIMOTHY ADAMS - RESOLUTION #2113 THOMAS FRAHM - RESOLUTION #2114 Mayor Grabek presented Resolution #2113 to Councilmember Timothy Adams for his outstanding leadership in the Orono community through his work over the past eight years. Mayor Grabek presented Resolution #2114 to Councilmember Thomas Frahm for his outstanding leadership in the Orono community through his work over the past ten years. Mayor Grabek presented Resolution #2112 the "Robert -.. Searles Meritorius Service Award" to Mayor Mary Butler for her outstanding service in the Orono community over the past_ 16 years. OATH OF OFFICE - POLICE OFFICER PETER BYDZOVSKY City Administrator. Bernhardson introduced Peter Bydzovsky as the newly appointed Police Officer. Mr. Bydzovsky currently resides in Woodbury, he served in the U.S. Marine Corp as a military police officer, and for the past several years has been associated with First Bank Systems in their security area and also systems support area. City Administrator Bernhardson administered the Oath of office to Mr. Bydzovsky. APPROVAI. OF MINUTES* It. was moved by Councilmember Sime, seconded by Councilmember Petersen, to approve the Minutes of the January 12, 1987 Council Meeting as submitted. Motion, Ayes 4, Nays 0. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 PARK COMMISSION COMMENTS - 1987 WORK PLAN Park Commission Chairperson Terry Morse submitted the Park Commission's 1987 Work and Status Plan. Mayor Grabek suggested that the Park Commission implement a plan for monitoring the use of the parks by way of .itilizing a University of Minnesota Park & Recreation graduate student. LAKE MINNETONKA CONSERVATION DISTRICT REPORT - DRAFT LEGISLATION AND LAKE MINNETONKA STUDY LMCD Representative JoEllen Hurr reported on changes addressing some of Orono's concerns in the preliminary Lake Minnetonka Management Plan. She noted that they aie currently working very hard to justify the existence of the LMCD to continue as the managing body over Lake Minnetonka. She reported that their legislative package probably would not be introduced this year because it may jeopardize resolving the access issue. PLANNING COMMISSION COMMENTS Planning Commissio-i Chairperson Charles Kelley commented on the lack of feedback from the public at the last Hwy. 12 Corridor Study meeting, feeling that the City must be going in the right direction with the study. PUBLIC COMMENTS John Hollander, 20C traffic control on North, noting that excessive speed. ZONING ADMINISTRATOR'S REPORT: #1060 J.F. FLEISCHHACKER 2775 SHADYWOOD ROAD VARIANCE Hollander Road, requested more speed County Road 6 west of Ferndale Road vehicles traveled that portion at an RESOLUTION #2115 Mr. Fleischhacker was present for this matter. City Administrator Bernhardson exp'ained the request for construction of a deck and stairs that :nt::udes into the 75' setback, al though it does not intrude into the average lakeshore setback. He noted that since the Council last considered this application, there has been a re -determination of the 75' setback line moving it furtner toward the lake, whicr would correct the existing amount of hardcover in the 0-75' zone to 0%. As requested by Council at their November 10, 1986 meeting, applicant has submitted an alternative (Scheme B) which indicates all of the deck and all but 12 s.f. of the sta.,s within the 75-250' zone. however, applicant prefers the November 1.0th plan (Scheme A). Staff recommends approval of the least intrusive into 75' setback plan - Scheme B. MINUTES OF THE. REGULAn ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 #1060 J.F. Fleischhacker - Cont. Mr. Fleischhacker stated that Scheme B consists of 8" high stair treads which he feels are unsafe for children. In addition, from a building standpoint, Scheme B is not a workable plan. He requests that the Council re -consider Scheme A. He further suggested that he would be willing to cut back the width of deck in Scheme A by 2' to 14' deck width. Because Scheme A involves an intrusion into the 0-75' setback ever, with the 2' ,'.eck width cut, Mayor Grabek, and Councilmembers Sime and P,terson stated they would not approve this plan. Councilmember Goetten stated that she felt the applicant has worked very hard to present a plan equitable to himself and the City. She would be willing to approve Scheme A with a 14' deck. It was moved by Mayer Grabek, seconded by Councilmember Sime, to adopt Resolution #2115 grantinq a variance as proposed in Scheme B as submitted. Motion, Ayes 3, Nays 1. Councilmember Goetten voted nay for the reason previously stated. #1096 JOHN VOGT AND MIKE HILBELINK 95/175 WATERTOWN ROAD PRELIMINARY SUBDIVISION RESOLUTION #2116 City Administrator Bernhardson explained the request for preliminary subdivision involving the replat of Lots 2 and 3, Peterman Addition into 6 lots all of which meet the lot area and width standards. He noted that in creating the private road, a variance to the required public road frontage for each lot mist be granted. City Engineer Cook has recommended that a drainage ditch be installed along the west lot lines of Lots 1 and 2 in order to prevent drainage from the development entering into adjacent property. He also noted that the applicants are requesting a variance to the required 24' paved width standard for a private road that would serve 6 lots; applicants propose 20' paved width. Planning Commission recommenG 3 that the road width be at the 24' width standard. John Vogt and Mike Hilbelink were present for this matter. Mr. Vogt felt that a 24' wide road was not necessary to serve 6 houses referencing the reasons listed in their letter dated January 28, 1987. Public Works Coordinator Gerhardson stated that a 24' width standard was the best design for safety reasons; i.e. police, fire, etc. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 #1096 JOHN VOGT & MIKE HILBELINK - CONT. Mr. Hilbel.ink stated that the City's insistence on a drainage culvert was unnecessary because he felt the drainage created from the development of this property would have littl-e affect on the existing watershed. Councilmember Sime eAplained that the development would increase the hardcover, therefore, could dramatically affect-. the adjacent property. Mr. Vogt asked if the City would be willing to assist financially in the drainage project because their development would be an asset to the City in the long run. Mayor Grabek stated that the City does not help subsidize developments in the City. Zoning Administrator Mabusth stated that currently there are drainage problems on the Rosch property that comes from the applicant's property and that the development of this property would intensify drainage problems en the Rosch property. In reviewing the proposed staff resolution, Mr. Hilbelini; asked if the City would allow the applicants to post a letter of credit assuring that the drainag,? project would be completed after the ground thaws, allowing them to start building before the drainage project is done. Zoning Administrator Mabusth stated that staff would agree subject to the -�xecuticn of a developer's agreement and the posting of a letter of credit. It. was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution #211.6 granting preliminary plat approval as recommended by the Planning Commission with the exception of the Planning Commission recommendation that does not extend the outlot, thereby requiring that extension together with the alternative security to allow construction of development prior to drainage being in place. #1097 VANEECKHOUT/RODF.RICK/PLANK* 2020/2080 SALEM COURT EASEMENT VACATION RESOLUTION #2117 seconded b It was moved by Counrilmember Sime, y Councilmember Peterson, to adopt Resolution 02117 approving the vacation of an unused portion of a dedicated drainage -asement at 2020 and 2080 Salem Court as drafted. Motion, Ayes 4, Nays 0. 4 MINUTES OF THE Ri;GULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 #1012 WAYZATA COONTPY CLUB* 200 WAYZATA BOULEVARD CONDITIONAL USE PERMIT RESOLUTION #211b It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2118 granting a variance and conditional use permit for maintenance dredging of a golf course pond that is a City designated protected wetland and for maintenance grading of existing ditches on the property. Motion, Ayes 4, Nays 0. #1090 R.W. HOLLANDER 200/250 HOLLANDER ROAD PRELIMINARY SUBDIVISION RESOLUTION #2119 Present for this matter were John Hollander and Mark Rurik, Attorney for the Hildur Hollander Estate. City Administrator Bernhardson explained the request for preliminary subdivision► of Outlot B of the Holly Acres Addition into 2 lots. Outlot B was originally created in 1978 along with the first phase of Holly Acres, and was intended as an out)ot on a temporary basis until a future subdivision would be completed. Outlot B contains 3 residential structures 2 barns, and a garage. In the original subdivision, it was required that the garage and an access onto County Rd. 6 be removed which was never completed. Proposed Lot 1 requires a variance for lot width on the public road. Another issue is the applicant's desire to keep an existing rental house on Lct 1 as strictly a guest house. Beca-ce Lot 1 does not have the width or area required under the guest b-use standards, it is recommended that the structures' use be limited to storage by removal of the plumbing. Regarding the barns, because they are existing non -conforming accessory structures, the City has no authority to require their removal as part of the subdivision if not found to be hazardous. He noted that the Building Official is currently reviewing the condition of these barns and If deemed hazardous, formal hazardous tuilding proceedings will be issued requiring their removal, which is an entirely separate issue from this subdivision application. Mr. Rurik stated that the proposed resolution and staff's recommendation have been reviewed and find them agreeable to the estate, including the removal of plumbing from the rental house. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 #1090 R.W. HOLI.ANDER - CONT. Steve Weinstein, 259 11ollan0er Road, recommends that the City go forward with the hazardous building action on the barns contending that they create a danger to chi ldren. He submitted photos of the barns and rental house for Council to review. He feels the City should enforce the conditions on the rental house and removal of access before final subdivision is approved to assure ccmp1. ianc-e. lie noted that the Hollander Road residents would rather have the rental house removed because the structure is not consistent with the rest of the neighborhood. Ward Krueger, who built many of. the He 1 1 antler Road homes, felt the City should have required the removal of the garage and access be done prior to approval of the original subdivision, and because it was not done then should be done now before this final. subdivision is approved. Staff noted that per the drafted resolution, the existing detached garage and access must be removed prior to final plat approval. Regarding the rental house, the rental use must cease prior to final plat approval and the applicant has 6 months after final plat approval in which to remove the plumbing from the rental house. Brian Hill, 235 Hollander Road, urged the Council to require that the property be cleaned up to conform with the neighboring properties before final subdivision is approved. City Attorney Blatz explained that legally the City can not require the removal of these non -conforming structures (unless they are deemed hazardous, which is a separate action). She noted that the reason the City is able to require the removal of the plumh4.ng from the rental house is because it is considered an intensification of the property use. Mayor Grabek stated that the Council is aware of the residents concerns and feels the City is taking a responsible position and action to resolve their concerns in addition to respecting the property rights of Mr. Hollander. Councilmember Goetten stated that she agrees with the residents concerns but. is aware that the City must legally deal with the issues one step at a time. 6 MINUTES OF THE REGULAR ORONO COUNCII. MEETING FIELD FEBF ,'ARY 9, 1987 W)"] R.W. HOLLANDER - CONT. There were no more comments from the public. I+ was moved by Mayor Grabek, seconded by Courici l member Sime, to adopt Resolution #2119 granting preliminary plat approval subject to the following; 11 Buil.di:,g Official to inspect the condition of the rental house. 2) Appropriate security required for removal of the plumbing from the rental house. Notion, Ayes 4, Nays 0. Councilmember Sime suggested that a clean-up inspection (weeds, etc.) also be done on this property. #luJ:13 WAYNE LENEAVE 360 WAKEFIELD ROAD CONuITIONAL USE PERMIT RESOLUTION #2120 Wayne LeNeave was present for this matter. City Administrator Bernhardson explained the request for a conditional use permit for excavation of a decorative pond that is not a designated wetland. The City will be granted a Ccnservation and Flowage Easement over the pond. He noted that the applicant plans to have all spoils tra:isported to the Wayzata Country Club spoils site. Staff feel this project will not have any adverse impact and are not recommending any security be required. Assistant Toning Administrator Gaffron stated that he talked with Al Orson of Wayzata and confirmed that the proposed spoils fill site would be acceptable and a permit is not required. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution 02120 approving a conditional use permit per staff recommendation. Motion, Ayes 4, Nav- 0. MINUTES OF THE. REGULAR ORONO COUNCIL MEETI14G HELD FEBRUARY 9, 1987 #1099 CAROLYNNE HIBBS 2765 FOX STREET VARIANCE RESOLUTION #2121 Carolynne Hibbs was not present :or this matter. City Administrator BernrUrdson explained the request for a var.`.ance of the �U' front yard setback to allow a 6' wide 2-story deck addition. 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. 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 be required for the improperly placed septic system within the right-of-way, since the City staff approved the system location based on incorrect information. It was moved by Councilmember Goetten, seconder'. by Councilmember Peterson, to adopt Re-iolution 42121 granting a 22' front setback variance for constriction of a 2-story dec': addition. Motion, Ayes 4, Nays 0. #1100 MICHAEL PLANK 4145 WATERTOWN ROAD CONDITIONAL USE PERMIT RESOLUTION #2122 Michael and Mary Plank were present for this matter. City Administrator Bernhardson explained the applicant's unique situation in which they desire to move a house from Minnetrista ontt his 17 Acre property on 1;atertown Road before the weight restrictions are in effect on March 15th. Applicant pr(poses to treat this as a guest house for now and to subdivide prior to any occupancy. He explained t►iat applicant would be allowed to leave the 2nd house on the property as a guest house permanently (because it would meet all the standards for a guest house use). Staff feels there would be no problems with a 2-lot subdivision but a 3-lot subdivision is questionable based on the proposed placement of the 2n(t house. A tempo--ary access would be allowed for the purpose of moving the house in, however, a permanent access must be obtained through applicant's current driveway. 8 MINUTES OF TflE REGULAR ORONO COU`1CIL MEETING HELD FEBRUARY 9, 1987 #1100 MICHAEL PLANK - CONT. Mr. Plank stated that he feels comfortable with the proposed placement (;f the house and is wiling to take the risk involv.A with a future 3-lot subdivisi.,)n. He also noted that he has reviewed the proposed resolution and finds no problem. Councilmember Goetten asked about setback requirements, septic testing, and conservation and flowage easements. Assistant Zoning Administrator Gaff -(in stated that septic testing has been done and found a -eptable; that the proposed location of the house me anticipated future subdivision requirements for lot a, lot width, and sethacks; and them is already z, conservation and flowage easement on record. Joe Sawchuk, 4105 Watertown Toad, a:jjacent property owner, stated that h'_s only concern is regarding the proposed permanent driveway. He feels that if it were located between his horse and applicants present home, it may decrease his property value. Mayor Grabek stated that issue would be addressed when the subdivision is done and ghat the City would do everything possible to prevent t1lat situation. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt. Resolution #2122 granting the conditional use permit in accordance with staff recommendation. Motion, Ayes 4; Nays 0. #1101 JAMES E MERTFS« 3237 CASCO CIRCLE RENEWAI, VARIANCES RESOLUTION #2123 lit was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt. Resolution #2123 approving .Tames E. Mer,.es' request for a renewal of %ariances 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% :f the required 100 feet of lot width. Motion, Ayes 4, Nays 0. Z MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 #1093 P & A INVESTMENT* 1380 SIXTH AVENUE NORTH - PRELIMINARY SUBDIVISION RESOLUTION #2124 It was moved by Councilmember rime, seconded by Councilmember Peterson, 'co adopt Resolution #2124 granting Preliminary Subdivision approval. for a plat by P & A Investments at 1380 Sixth Avenue North. Motion, Ayes 4, Nays 0. ORDINANCE AMENDMENT - CHAPTER 10 ZONING CODE -NON-RENTAL/GUEST APARTMENT WITHIN PRINCIPAL RESIDE!JCE -LIQUOR STORE CONDITIONAL USE. PERMIT/PUBLIC SERVICE STRUCTURES ORDINANCE NO. 29, Second Series City Administrator explained the following three proposed amendments to the zoning ordinance: A) Performance standards to allow a guest/mother- in-law/non-rental apartment within the principal residence under a conditional use permit. Issues considered when reviewing this type of application are adequate parking, septic. and access to apartment. Planning Commission recommended approval as drafted. B) Standards to allow an Off. -Sale Liquor Store as a permitted use in B-1 and B-3 districts with appropriate license issued by City. Planning Commission recommended approval per drafted ordinance. C) Public Service Structures approved with public improvement projects at the required public hearing would not require a conditional use permit. Amendments of these plans involving changes in design and/or placement of these structures would required written notice to al.l affected property owners prior to formal adoption of the amended plans by the City Council. Planning Commission specifically asked that any change in design and/or placement be reviewed again by the affected property owners. Councilmember Peterson felt that another public hearing shculd be held if there were any changes to the design anti/or placement of a public structure. City Administrator Bernhardson stated that the written rotice procedure would be less burdensome on the planning/implementation process i;') consideration of the time requireO to hold a public hearing noting that it could be very costly to the City by halting a major project. lie noted that the written notice of the changr, to the affected property owners before Council approval provides the opportunity for the change to be addressed in a public forum. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 ORDINANCE AMENDMLAT - CHAPTER 10 ZONING CODE - CONT. It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Ordinance No. 29, Second Feries, amending the following: 1. Zoning Code Section 10.20 Subdivision 3(G) to allow Non -rental Guest Apartments within a principal residence as a Condtional Use in Single Family Residential Zoning Districts, and amending Section 10.02 by incorporating a definition: of "Guest Apartment". 2. Zoning Code Section 10.40 Subdivision A by allowing off -sale liquor stores as permitted uses. 3. Zoning Code Section 10.20 Subdivision 3(D) that would exempt public services structures approved with public improvement projects from the requirement of a conditional use permit. Motion, Ayes 3, Nays 1. Councilmember Peterson voted nay for the reason she stated in proposed amendment C. MAYOR'S REPORT: COUNCIL APPOINTMENT - Ed Callahan The balance of the vacancy Jzm Grabek as Mayor is to be remaining term for Council, 1988. created by the election of filled by appointinq to the which expires at the end of Mayor Grabek noted his appreciation for all the interest shown in all of the local government vacancies. Counc.'Ll candidates include: Ed Callahan Edward C. Brown III Charles Kelley Julie Harren Gary Printup Mariann Kienzler Thomas Casey Earl Dorn It was moved by Councilmember Peterson, seconded by Councilmember Goetten, to nominate Gary Printup as Cour;ci imember. Motion, Ayes 2, Nays 2. Mayer Grabek and Councilmember Sime voted nay. Motion fails. Mayor Grabek stated his reason for voting nay is based on past experience and future participation to the C(-.)un--i1, Mr. Printup would not provide as much ,assistance to the Council as other more qualified candidates. Ile feels however, that Mr. Printup would be a dedicated and hard-working individual on the council. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 COUNCIL APPOINTMENT - CONT. Councilmember Sime agreed with Mayor Grabek noting his recognition of Mr. Printups assets. Based on his consideration of the candidates' past background and experience, it was moved by Councilmember Sime., seconded by Mayor Grabek, to nominate Ed Callahan to the Council. Motion, Ayes 2, Nays 2. Councilmembers Goetten and Peterson voted nay. Motion fails. Councilmember Goetten stated that although she recognizes Mr. Callahan's experience on the Planning Commission and Council, she voted nay because she Eeels the community has spoken on this issue therefore, she cannot support his candidacy. Councilmember Peterson concurred with Councilmember Goetten. It was moved by Councilmember Goetten to nominate Charles Kelley to the Council based on 1,is past experience and background on the Planning Commission and as the current Chairman of the Planning Commission, seconded by Councilmember Peterson. Councilmember Sime stated that he has worked with Mr. Kelley on the Planning Commission and feels lie is eminently qualified for the Council position. However, he feels that Mr. Ke 1 1 ey's experience is needed on the Planning Commission at this time. Motion, Ayes 2, Nays 2. Counci lmemb .r Sime and Mayor Grabek voted nay. Motion fails. It was moved by Councilmember Goetten to nominate Edward C. Brown III to the Council based on his interview and resume, seconded by Councilmember Peterson. Motion, Ayes 2. Nays 2. Mayor Grabek and Councilmember Sime voted nay. Motion fails. City Administrator Bernhardson recommended the following action is required to break the tied votes. A new motion must be made on the c-ndidate in which the Mayor wishes to break the tied vote, the motion must be voted on, and if it again results in a tied vote, the Mayor can make the appointment to the vacant seat. It was moved by Mayor Grabek, seconded by Councilmember Sime, to again consider Ed Callahan for the Council. position, seconded by Councilmember Sime. Councilmember Goetten suc sted tabling the appointment for more time to consider. candidates. 12 MINUTES OF THE. REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 COUNCIL APPOINTMENT - CONT. Mayor Grabek stated that he felt it important to make - this appointment as soon as possible. Councilmember Sime felt more tirne would not change the vote. Mayor Grabek and Councilmember Sime indicated that they both feel Mr. Callahan is the best qualified candidate to serve on the Council at this time. Gary Printup and Curt Quady felt that under the circumstances a special election should be held to fill this appointment. Councilmember Peterson stated that she believed the appointment of Mr. Callahan would result in the three male councilmembers becoming one vote in future decisions. Mayor Grabek stated that he felt Councilmember Peterson's claim was unfoLnded. His reason for nominating Mr. Callahan are baud on his paFt experience on the Planning Commission and dedication to the City. Motion, Ayes 2, Nays 2. Councilmember Goetten and Peterson voted nay. Motion fails. At this point, Mayor Grabek appointed Mr. Ed Callahan to the vacant Council seat. City Attorney Blatz stated that to formalize Mayor Grabek's appointment, he must file his appointment in writing to the City Clerk as soon as possible. Mayor Grabek ackncwleoged that he would file his appointment the following day. M MINUTES OF THE REGULAR ORONO COUNCIL MEPTINC= HELD YEBRU.ARY 9, 1987 PLANNING COMMISSION APPOINTMENTS - Edward M. Cohen (At -Large) and Jeffrey Johnson (Urban) City Administrator Pernhardson explained that the current Planning Commission consists of 2 Rural and 2 At -large members all of which live in the rural area. By ordinance E.npointees must be 2 Urban, 2 Rural, and 3 At-larqe for a total of 7 members. Therefore, the vacancies on the Planning Commission that currently exist are 2 Urban (3 year term) and 1 At-Larc,e (1 year term). He noted that the ordinance could be amended if Council so desires. The candidates consist of 4 Urban and 4 Rural as follows: Curtis Quady (U) James C. Berg (U) Lee F. Schacht (R) Jeffrey Johnson (U) Edward M. Cohen (R) Gail Livingston (R) Jorja Lynn (R) Clement F. Birch Jr. (U) In order to have more flexibility in candidate choice, it was moved by Councilmember Goetten, seconded by Councilmember Peterson, to amend the ordinance changing all designations to At -large. Motion, Ayes 2, Nays 2. Motion fails. Mayor Grabek and Councilmember Sime voted nay feeling the designations should stay as they are in order to assure representation from the entire community. City Administrator Bernhardson noted that candidate Jorja Lynn was not present for the interviews at the last meeting, but is present now if she wished to make any comments. Jorja L, n stated she feit careful control should be taker. in Orono's development because of it's unique resort/rural and urban area. She noted her past experience, as indicated in her letter, in planning of similar areas in other states. It was moved by Councilmember Sime, seconded by Councilmember. Goetten, to nominate Edward M. Cohen to the Planning Commission At -large designation. Mot..on, Ayes 4, Nays 0. It was moved by Councilmember Sime, to nominate Thomas Casey (Council candidate) to the Planning Commission Urban designation because of his qualifications and his involvement in the Navarre area. Mayor Grabek seconded the motion for discussion. Motion, Ayes 2, Nays 2. Councilmember Goetten and Councilmember Peterson voted nay. Motion fails. 14 MINUTES OF THE REGULAR ORONO COUNCIh MEETING HELD FEBRUARY 9, 1987 PLANNING COMMISSION APPOINTMENT CONT. It was moved by Councilmember Goetten, to nominate Jeffrey Johnson to the Planning Commission iJrban designation because of his .,,..:h and current experience w= th the City of Eden Prai rie. Motion seconded by Councilmember Peterson. Motion, Ayes 4, Nays 0. It was moved by Councilmember Peterson, seconded by Councilmember Goetten, to nominate Gary Printup (Council candidate) to the Planning Commission Urban designation. Motion, Ayes 2, Nays 2. Mayor Grabek and Councilmember Sime voted nay. Motion fails. It was moved by Councilmember Peterson, seconded by Councilmember Goetten, to nominate Curtis Quady to the Planning Commission Urban designation.. Motion, Ayes 2, Nays 2. Mayor Grabek and Councilmember Sime voted nay. Motion fails. It was moved by Mayor Grabek to nominate Janes C. Berg to the Planning Commission Urban designation. No second to the motion made. Motion fails. Because there were no other nominations at this time, it was moved by Councilmember Sime, seconded by Councilmember Peterson, to table the remaining Planning Commission Urban appointment for more consideration and input from Planninq Commission until the February 23, 1987 Council meeting. Motion, Ayes 4, Nays 0. PARR COMMISSION APPOINTMENTS - Lee Erger and Bruce Kokal City Administrator Berr.hardson noted that two 3-year term vacancies exist on the Pp.rk Commission. Interested can.iidatE�s are: Lee Erger (Incumbent) Ron Anderson Bruce Kokal Additionally, current Park Commission Chairman Terry Morse should be formally reappointed as chair. It was moved by Councilmember. Sime, seconded by Councilmember Peterson, to reappoint Lee Erger to the Park Commission. Motion, Ayes 4, Nays 0. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to nominate Bruce Kokal to the Park Commission. Motion, Ayes 4, Nays 0. It was moved by Mayor Grabek, seconded by Councilmember Sime, to reappoint Terry Morse as the Park Commission Chairman. Motion, Ayes 4, Nays 0. 15 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 HUMAN RELATIONS APPOINTMENT It was noted that the appointment for Human Relations was up and staff recommended that it be discontinued at this time, given the fact that they have not met in three years and there is no statutory requirement that they continue. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to discontinue the Human Relations appointment position. Motion, Ayes 4, Nays 0. ACTING MAYOR APPOINTMENT It was moved by Mayor Grabek, seconded by Councilmember Sime, to table the appointment of Acting Mayor until the February 23, 1987 Council meeting for more consideration. Motion, Ayes 2, Nays 2. Councilmembers Goetten and Peterson voted nay. Motion fails. It was moved by Mayor Grabek to appoint Ed Cal l.ahan as Acting Mayor. City Attorney Blatz advised that Mr. Callahan's appointment to the Council may not be considered official until written notice to the City Clerk is made, tLerefore should not be appointed as Acting Mayor at this time. It was moved by Councilmember Peterson, seconded by Councilmember Goetten, to appoint Councilmember Goetten as Aging Mayor. Motion, Ayes 2, Nays 2. Mayor Grabek and Councilmember Sime voted nay. Motion fails. Being there were not any more nominations, it was moved by Councilmember Sime, seconded by Mayor Grabek, to table this appointment at this time. Motion, Ayes 2, Nays 2. Councilmembers Goetten and Sime voted nay. Motion fails. Mayor Grabek postponed this appointment until later in the meeting. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to resume this matter after the Executive Session. Motion, Ayes 4, Nays 0. Councilmember Sime commented on the procedure in which he felt should be taken when an electorate runs for another position in mid-term. He suggested the person resign their position before running, creating the vacant position in which L..e voters could decide on the vacancy instead of the Council. 16 MINUTES OF Z'I!E REGULAR ORONO COUNCII, MEETING BELD FEBRUARY 9, 1987 ACTING MAYOR APPOINTMENT - CUNT. Councilmember Peterson stated that she felt one of the elected councilmembers should be appointed as Acting Mayor, not an appointed Councilmember. Councilmember Sime stated that he felt Mr. Callahan was the most qualified to fill the acting Mayor position due to his experience as Planning Commission Chairman. Mayor Grabek concurred with Councilmember Sime. Councilmember Peterson stated that she did not question Mr. Callahan's qualifications, but questioned the ethics of appointing a non -elected member vs. an elected member. Mayor Grabek noted that Mr. Callahan lost the council seat election although still having a tremendous amoLr.t of votes, and feels the qualifications are the main consideration in making the appointment. Due to the obvious impending appointment of Mr. Callahan as Acting Mayor, it was moved by Councilmember Goetten, seconded by Councilmember Peterson, to table this appointment until the February 23rd Council meeting. hioticn, Ayes 4, Nays 0. PLANNING COMMISSION CHAIRMAN APPOINTMENT - Charles Kelley It was moved by Councilmember Goetten, seconded by Councilmember Sime, to reappoint Charles Kelley as Planning Commission Chairman. Motion, Ayes 4, Nays 0. PLANNING COMMISSION VICE-CHAIRMAN APPOINTMENT - Maureen Bellows It was moved by Councilmember Sime, seconded by Councilmember Goetten, to appoint Maureen Bellows as Planning Commission Vice -Chairman. Motion, Ayes 4, nays 0. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 ALTERNATE ATTORNEY APPOINTMENT Mayor Grabek noted that staff has recommended William Soth of Dorsey & Whitney as the City's alternate attorney who would be utilized only in the case of a conflict of interest by the Ci.ty's primary f rm Popham, Ilaik. Mr. Soth is the City Attorney for St. Anthony, Woodland, and Deephaven and is familiar with lake issues. It was moved Dy Mayor Grabek, seconded by Councilmember Peterson, to appoint William Soth as Alternate Attorney as recommended by staff. Ed Callahan requested that the Council table this appointment for his input: as Councilmember until the February 23rd Council meeting. City Administrator Bernhardson noted that he had reviewed several attorneys that represented communities around the lake because of the significant lake issues in Orono. Mr. Soth was recommended because he was one of the few attorneys that did not represent an abutting community. Mayor Grabek withdrew his previous motion. It was moved by Mayor Grabek, seconded by CouncilmeR.b(:r Goetten, to table the appointment of Alternate Attorney for additional input from Mr. Callahan and Orono's primary attorney. Motion, Ayes 4, Nays Q. CITY ADMINISTRATOR'S REPORT: BIG ISLAND BOARD OF GOVERNORS City Administrator Bernhardson explained that the Big Island Board of Governors made an informal presentation of their master plan to staff on December 17, 1985 and it was recommended at that time that they make a conceptual overview of the plan to the Council at a regular Council. meeting. Additionally, it was recommended that they submit an application to have the entire concept formally reviewed first by the Planning Commission. Present from the Rig Island Board of Governors were: Ed Morrow, Don Miller, Jim Lund, harry Sharp, and Joe Backes. Spokesman Don Miller explained the origin of the Big Island Board of Governors and then reviewed the Big Island Veterans Camp Redevelopment Master Plan as submitted in Councils' packet. 18 MINUTES OF THE REGULAR ORONO BIG ISLAND BOARD OF GOVERNORS - Mayor Grabek Council give Governors: COUNCIL MEETING HELD FEBRUARY 9, 1987 CONT. reviewed the staffs recommendation that the following direction to the Board of A. That no conditional use permits for any further activity requiring such permi•,:.s be granted to the Board until the master plan in total has been reviewed and a - reed to by the Planning Commission. Such a master plan would include the following: -Staging plan (both new and existing) -Repair and removal schedule -Funding plan -Financing plan B. No further building permits be issued until the master plan has received final Council approval. C. Hav- the City Attori,�l 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 of March 9, 1987 to determine application status of the master plan. Mr. Miller voiced objection in requiring any additional conditional use permit. They feel the original conditional use permit should be continued because they have already paid for one. City Administrator Bernhardson explained the terms of the original conditional use permit and noted that any financial issues would need to be addressed by the Council. as an exception to the fee schedule. Mayor Grabek explained that in the past the Council has had a difficult time in trying to minimize the City's exposure to the hazardous condition of the buildings.. He noted that lie totally supports the! concept of the veteran's camp, but feels that the organization has not been able to pull itself together in a manner in which progress can be taken. He stated that it is now time to take appropriate action and demands with concessions on the City's part.. Mr.. Miller explained that much progress has been made and the oNstacles that take time. 19 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 BIG ISLAND BOARD OF GOVERNORS - CONT. City Administrator Bernhardson explained that staff's recommendation included considerations best for the organization and also to protect the City. Mr. Miller further indicated that staff's recommendation of requiring a letter of credit is unreasonable anO not possible for them. Mayor Grabek stated that the City must be assured that there will be the necessary funding to develop the master plan. Ed Morrow and Joe Backes noted the negative aspects of the City's condemnation proceedings and Hennepin Parks desire for the property, feeling there is a need for some kind of positive reinforcement for this to be a success. It was moved by Mayor Grabek, seconded by Councilmember Sime, to accept staff's recommendation (as outlined above). Motion, Ayes 4, Nays 0. LIQUOR ORDINANCE DRAFT LIQUOR STORE - METHOD OF SALE City Administrator Bernhardson submitted the proposed draft liquor ordinance for Council's consideration. He noted the off -sale liquor ordinance survey included in the packet. Council addressed the issue of setbacks from churches and directer ..taff to study it. City Administrator Bernhardson submit:_" -.he bid specifications for Council to review noting that he has not yet reviewed them with the City Attorney. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to table the liquor of dir_ance draft at this time. Motion, Ayes 4, Nays 0. VEST DONATION PROGRAM City Administrator Bernhardson noted the two unsolicited donations for bullet proof vests from Long Lake State Bank and Mr. Gerald McCourtney. The Police Department request:. -ounci l's permission to solicit funds from civic organizations, such as Westonka Lions, Long Lake Chamber of. Commerce, and Westonka Chamber of Commerce. It was moved by Mayor Grabek, seconded by Councilmember Peterson, 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. Motion, Ayes 4, Nays 0. 20 MINUTES OF THE REGULAR OF OUNCIL MEETING HELD FEBRUARY 9, 1987 1987 BOARD OF REVIEW DATE - MAY 13, 1987 - 7:30 P.M. It was moved by Mayor Gr.abek, seconded by Councilmember Sime, to establish May 13, 1987 as the Board of Review date to be followed by a subsequent meeting at 6:00 P.M. on Tuesday, May 26, 1987 to review the follow-up to the initial Board of Review. Motion, Ayes 4, Nays 0. CITY OF MEDINA - EXTENSION COUNTY ROAD 116* It was moved by Councilmember :,ime, seconded by Councilmember Peterson, that this item be tabled until February 23, 1987. Motion, Ayes 4, Nays 0. 1986 LIQUOR OPERATION REPORT* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to accept the report of the 1986 Liquor operations together with expressing their appreciation to the liquor staff for Lhe excellent efforts they have made in this regard. Motion, Ayes 4, Nava 0. LEGAL SEMINAR -* SATURDAY, NEBRUARY 21, i987 - FWBI It was moved by Councilmember Sime, seconded by Councilmember Peterson, to accept information regarding upcom.4ng legal seminar at the Freshwater Biological Institute, February 21, 1987. Motion, Ayes 4, Nays 0. 1986 SUM14ARY OF RECEIPTS, DISBURSEMENTS AND BALANCES* It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Oronc City Council accept. the Preliminary Summary of Receipts, Disbursements and Balances as information only. Motion, Ayes 4, Nays 0. TAX FORFEITED PROPERTIES -* RESOLUTION #2125 - P.I.D. #20-117-23 31 0024 RESOLUTION #2126 - P.I.D. #10-117-23 31 0084 -- P.I.D. #02-117-23 31 0026 RESOLUTION #2.127 - P.I.D. #17-117-23 43 0001 It was moved by Councilmember Sime, seconded by Councilmember Peterson, tnat the Council adopt Resolutions #2125, #2126, & #2127, directing the disposition of various parcels of property that have done tax fcrfei.t. Motion, ',es 4, Nays 0. 1290 SPRUCE PLACE - 08-117-23 32 0015 -* ASSESSMENT OF COSTS - RESOLUTION #2128 It was moved by Councilmember Sime, Councilmember Peterson, that the Orono adopt Resolution 02128 to reuse the costs from the property at 1290 Spruce Place allutting property owners. Motion, Ayes 4, seconded by City Council to be recouped upon sale to Nays 0. 21 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 OFF -SALE LIQUOR LICENSE FEE* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to incorporate the Off -Sale Liquor License 1'ees as porposed into an Ordinance change of Ordinance #28. Motion, Ayes 4, Nays 0. POLICE OFFICER EMPLOYMENT -* PETER BYD7.OVSKY NSF CHECK -* RESOLUTION #2129 It was moved by Councilmember Sime, seconded by Councilmember Peterson. to confirm the employment of Peter Bydzu,isky as a Patrol Officer for the City of Orono commencing February 10, 1987. Motion, Ayes 4, Nays 0. It w�,s moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2129 declaring certain N.S.F. checks and charges uncollectable and removing them from the Caty accounts effective December 31, 1986. Motion, Ayes 4, Nays 0. SEASONAL WEIGHT LIMIT -* RESOLUTION #2130 It was moved by Councilmember Sime, seconded by Councilmember Peterson, for the Orono Council to adopt Resolution 42130 setting seasonal weight restrictions on i_he streets in the community Motion, Ayes 4, Nays 0. 2500 SIXTH AV -NUE NORTH - FLOWAGE EASEMENT Per staff's request, it was moved by Mayor Grabek, seconded by Councilmember Sime, to table this matter at this time. Motion, Ayes , Nays 0. HIGHWAY 12 TASK FC.-tCE UPGRADE REQUEST* I, was moved by Councilmember Sime, seconded by Councilmember Peterson, that having discussed any concerns that the Council may have regarding this Task Force that the item be tabled until. the March 9, 1987 Cox. "i 1 meeting. Mot -ion, Ayes 4, Nays; 0. EQUIPMENT PURCHASE -* PUBLIC WORKS UTILITIES -- PORTABLE PUMP MOTOR/CRANE It was moved by Councilmember Councilmember Feter on, for the purchase of the mobile crane hoist for $2,609.00, which i:: within the 1987 f c->r that purpose. Mot i en, Aye. Sime, seconded by Council to approve from Truck Utilities amount budgeted in 5 4, Nays C. MINUTES OF THE REGULAR ORONO COUNCII. MEETING HELD FEBRUARY 9, 1987 ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to accept City Administrator Bernhardson's Information Report regarding: Lake Minnetonka -Hennepin Parks, Orono Lane Feasibility, Facilities Study, Trinity Church Bells, Governor's Tax Proposal. Ulrich Property, Countryside Second Addition, City of Orono Statistical Update, and Administrator's Goal Setting. Motion, Ayes 4, Nays 0. CITY ATTORNEY'S REPORT: City Attorney Blatz requested the Council enter into Executive Session at this time. LICENSES* BILLS* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the following -Iicenses: Cigarette License: Crystal. Bay Services Jimniie's Keaveny's Navarre Drug Rick's Super Valu Q Superettf, (Little Oak Market) Martin's 66 Navarre Amoco Navarre Lanes Orono Golf Course Orono Municipal Liquor Store Spring Hill Center Wayzata Country Club Septic System Installer: Jerry Johnson Exca%atinrt Residential Kciinel License: 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, 1.905 Fagerness Pt. Rd. Robert S. Waag, 4760 West Branch Road 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. -3 MINUTES OF THE RIGULAR ORONO COUNCIL MEETING HEI: FEBRUARY 9, 1987 ADJOURNMENT 11:05 P.M. It was moved by Sime, seconded by Peterson, to adjourn the regular Orono Council meeting at 11:05 P.M. Motion, Ayes 4, Nays 0. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor f 21987.9 �f 'to: Mayor and City Council � �� ke i►�q� FROM: Mark Bernhardson, City Administrato U cffy 4F u!YR�row DATE: Februar; 19, 1.987 SUBJECT: Comprehensive Management Plan Amendment #1 Attachnments: A. Orono Memo Dated 12/2/86 B. Proposed Resolution (to be provided at Council meeting) ISSUF - Consideration cf Comprehensive Plan #1 for final adoption following approval by the Metro Council. INTRODUCTION - At the Council's December 8. 1986 Council meeting they preliminarily adopted Comprehensive Plan Amendment #1 which was received by the Metro Council on December 16, 1986. This amendment was to include areas that have been sewered since the Comprehensive Management Plan was adopted in 1980 together with allowing the sewering of the Fulmer property at Highway 12, the Burlington Railroad tracks and Stubbs Bay Road, which was previously not sewered (sue map in Attachment A). DISCUSSION - The Metropolitan Council approved the Ccmprehensive Plan Amendment at their February 12, 1.987 meeting although formal nctice has not been receiver:. res-lotion for adopti �n will be presents.; at the Ccuncil meeting. A 4/5 's vote is required for adoption. R7C0M4V7N_DATIO_TJ_ - That the Council grant final approval. for adoption of th.3 Comprehensive Plan Amendment. PROPC3L.) 1110TI0„ - Mc-ved I,y _ , sec:c;nded by , that the Orono City Council adopt ReF�o1 ution Nfo. ___ approving Comprehensive Plan Amendment 41. Ayes Nays To: Mary Butler, Mayor Mark E. Bernhardson, City Administrator Orono Council Members From: Jeanne A. Mabusth, Zonina Administrator Date: December 2, 1986 Subject: #1058 City of Orono - Comprehensive Plan Amendment Council Action - Conceptual direction to staff approving the proposed amendment subject to formal action by the Metropolitan Council and to direct staff to commence the formal application process with Metropolitan Council and to submit such application information to the Watershed District, School District and affected cities. List of Exhibits Exhibit A - Application Exhibit B - Notice to Affected Jurisdictions Exhibit C - List of Jurisdictions Notified Exhibit D - Map 10 CMP 6-27 Exhibit E - Revised Map 10 As noted in the update memo for Application #1032, upon approval of the moratorium variance for Brian Fulmer, the Council may continue with the review of the broader comprehensive plan amendment. The major portions of this amendment can be considered a housekeeping matter as the Metropolitan Waste Commission had never required formal realignment of the MUSA line when the City sewered Minnetonka Bluffs or Crystal Bay. The MWCC refuses to consider the City's request for a special permit to serve Fulmer.'s property until a comprehensive plan amendment has been completed. Staff has enclosed copies of the Metropolitan Council application, addendum information and notice to all local units and jurisdiction,. Please advise staff if you wish additional information included or to amend existing exhibits. PROPOSED MOTION: Moved , seconded _—, amendment of the Comprehensive Management certain rural areas of the City within the d Area anthe Met ropo l i t -in Sew(rr SF-ry i ces A file a formal i-�men(Iment zpplication with. th to further (I�rect staff to notify al 1 government and other jurist;ictions. Ayes To conceptually approve an Plan that would include Metropolitan Urban Service ,-ea and to direct staff to e Metropolitan Council and affected local units of clays CITY of ORONO Post Office ho:: GfieCrystal Bay, Minnesota 5W23•Municipal Offices On the North Sh„re of Lake Minnetonka December 15, 1986 Barbara Senness Metropolitan Council 300 Metro Square Building St. Paul, MN 55101 Dear Ms. Senness: John Shardlow has recommended that the enclosed application �or Comprehensive Plan Amendment be submitted per your attention. The enclosed packet of exhibits are designated as follows: Exhibit A - Application Exhibit B - Addendum to Application Exhibit C - Notice to Local Jurisdictions Exhibit D - List of Agencies Notified Exhibit E - Map of City Locating Redesignated Areas Please contact my office if additional information is required to complete the filing of the application. Sincerely, Jeanne A. Mabusth, Zoning Administrator JAMjtln HU11PINC & ION ING 471 71S • ADIII' IS IN 1110'1' A IIN %%( 1 - 171 11A • MINI W W(1RKS - 473-7359 A,CSFSSIM; / METROPOLITAN COUNCI L �.' 300 Metro Square Building, St. Paul, Minn. 55101 INFOR:+-?TION SLnMISSION COMP REaENS IVE PLAN A.±c ,',I CL N'rS This wcrksheet must be filled our. are, submitted to the Metzopolitan Counci'_ with a cocv of each proposed comprehensive plan amendment. The pu�pcse of this wor ksheet is to sun=arize the proposed change so that the Metro_'olitan Council will have enough information about cant mplated plan amendments to determine whether the Council has an interest in reviewing the amendment in more detail. Please be as specific as possible; attach additional explanatory materials if necessary. I . Gc NZERAL I!4F0R!1ATION F . Sponsoring governmEn tal unit City of Orono Name of fecal contact per �n canna a us Address P.O. Box 66, Crystal Bay, Mn 55323 Telephone 612-473-7357 B. Attach a copy of the proposed amendment, including a map showing the location of the proposed charge, the current plan map, and the proposed plan map.. Indicate which section(s) of the original plan is (are) being :mended. C. What is the official lccal status of the proposed r-mezdment? (Check cre or more as amp` opri ate. ) Acted upon by plann'ng ccm-mission (if applicabl2) cnjuly 21. 1386 Approved by governing body, ccntirge.t upon Met: ocolitan Council review, on Decemhc2r 8. 1980" --- Considered but not approved by governing body on Otrer 0. Sutm.^mari ze the reasons for the proposed amend.•jent. The MWCC has asked that tho City comulk,te a comp eh:r_ ,nsivplan amendment prior to the Ci�mniission issa—inc a L2rimit to servc t rurai propert esi na e as area 14c.;r< att-ic :i: Exhibit The othr,r rural areas 11-13 iisted on that same c xhibit h.. be is ?t ,;pi:rovc,d for sewer service and shall be redesign :tee: as r;,jrt W tht., w,tro urb,3n :' rvice Aroa and Metro E. Provide a list of ail :coal .rs end :1: �urisdicticrs 3:_ectec y the c.'jance (sCacol lstriets, wate__r.'�c: ;st__ct etc.) t.^.at gave been sent el. Z. C7, Cz L:..i iICC :�$1 t c]r .,n c "� a C.♦G dutE� ��- E] ) �flt- ...em C?esc__te t:,e foil_ -ter_ :c, as accrccr_at:2. o Size of a:_a i,. ae:es Refer to Exhibit o Rrcecased t (s ) Cf Land use N/A o - ;,tLLm!:e: of residents. al duel'_..nc un _ is N/A a ?rocosed density N/A o P:ocvsed scua:e f'cetace of cc=erc:a.L, iadust=sal, Cr cu lit buildincs N/A R. ?cculaticr., :cuse-hold and E=1cvr;ent -creras_s 'Aou.Ld you erect t he ..reccsed a-mendment to :esu t in chances to t::e ^onulation, hcusencld er emn.Lcvae_^.t _ccecasts fec 1990, or �cr I.he :.ve—year stases ccntaiced i^ the cr_yir.al clan, fir land cartels a::f ected Icy t e =ange? Vo/qot act licahlz. _ Yes/�ict sure.. :E yes cr rat suze, s ue+ helcw t:.e erected changes: ?cr ecast Rased on : cc etas" 3asec cn Previous ?_an Plan A=enc=ent Year sc L �CC Isc ' 1990 Interim stages 19 _ 19 C. Charses to Timing and Stat ir-r of tartan Service Area 'rIi:l tie :rctcsed .c.lend.:ent :ds::'__ ^`:a:.ces to _: hcu,dz__as of ' e r ham:+ se:'l: ce a:83 cc t e ..:."...L GS :.:d SzZS'- deve.l o=eat c: Jr _ .e .:r bzn se= 71Ce a:!3 a? 'lies. Se su:e Sect_cn ccr.ta_.a a .aac cf t:ese c:a:ges, �. yeas::ements cf _ne _anal a:aa ._rep, -c des.;nat_c n c: D. E3cusirq Will this change have an ef.' ect on the community' s abi li ty or intent to achieve the long-ter.m goals for low- and moderate-iacoME and modest -cost housing oc_ccrtunities centa_ned in the original r1 an? a No/Not ap7clicable. Yes. Describe effect I .�'?P LE 4 E N TAT IO N P SO GRAM A. O f f is i al Controls Will the proposed amendment require a change to zoning, subdivision, or on -site sewer ordinances? a No. Yes. Pler-se describe. P. Canyital I=rovement Progra� Will the proposea amendment require a change to the CIP? x t, o. Yes. Plea -se describe. IV . S G.MARY OF AND CONCL (a IONS (J ptional ? You may add ccmments stating your conclusiors about the effects of the Froposed amendment on metropolitan clans. Check the statements that apply. A metropolitan system is p4otentiaily affected tryth, o proposed amendment but the proposed change is minor er inconsequential. A review nc-ricd of less than 90 days .s npproprlate. A metro poli tan system is pcten ti a.l'_ y affected by the proposed amendment, and a 90-day review should take. pla,:e. No metrocoli tar. system is potentially aff ected by rrorosed agencnent. _ ,dc ;et:crcl-.ar. system .s rctent:al'.y affected F.rorosed amend-mer.t and waiver of Ccunc.l cot-nent and .e• .ew s recommended. Ot::er: 03.0rt.d1 EP5642 414 E.,XHIBIT A ADDENDUM TO METROPOLITAN COUNCIL APPLICATION FOR COMPREHENSIVE. PLAN AMENDMENT — CITY OF ORONO The enclosed applic•atio., for a plan amendment is the first amendment of the City of Orono's Comprehensive Management Plan approved by the Metropolitan Council in 1980. The amendment seeks to redefine specific areas in the City served with sewer since the 1980 survey and as in one case (Area 14, see Exhibit E), proposes connection to the Maple Plain interceptor to serve an existing commercial kennel bu:;iness and the owner's residence. On December 8, 1986, the Orono Council approved the owner's petition for sewer based on the following findings: 1. The subject property presents a unique sit.uaticn and IS not typical of the surrounding large acres lots. 2. The subject property is surrounded by railroad, roadways and an extensive wetlands area. 3. The M.W.C.C. in 1985 installed an interceptor line that intersected the subject property which placed additional limitations on the only available land for septic expansion. 4. The request to sewer is not found to be contrary to the intent and purpose of the City's Comprehensive Management Plan as Orono has approved sewer for other severely limited areas within defined rural. areas based on criteria set forth in the City's Comprehensive Management Plan - CMP 6-44 (see attached) as follows: A) _Alteration of the water consumption habits of the users, coupled with careful systei,, maintenance,_ It is not feasible nor practical for applicants to alter water use in the kennel operation. P) F.e weir or reconstruction of individual systems. C) RePlacement_of existing systems with new individual systems constructed to new_City (WP("-40) standards. �a Thc' applicant's on -site evalui tar, Steve Schirmers, and the City's on -site septic maiager confirm that the existing system cannot he expanded nor a new syst ern installed that would meet all standard^ nor with any z ssurance that such a syster^ would provide ( ont inuous se.rvire ir: thr, future. D) InstaI lat ion of inno•,ativee or,-<_:iter systems including considetation cif C-()ryipc) stin(I et in'ino, r:•tinq de'.'ices. Thf-, ity hag; v­t to find t1iis ,l teal aitE"n;ltive. The system wot..1'' I ot: 1'F` t %'..' A {. c, )?1' 1. it t'2` rs(-r a'' a ke'rin.el c�F�f'r�t ic•n. ADDENDUM TO METROPOLITAN COUNCII, APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT - CITY OF ORONO E) Installation of individual holding tanks with off -site disposal. The expense of adequate maintenance of holding tanks is not economicallf practical or feasible in light of the location of the interceptor within applicant's property. Tne current system serving the house, installed in 1975, is already inadequate on this severly limited property. F) Installat.i.on of a collection system, nd a community drain - field. The property is surrounded by large acred lots with no record of septic problems. The property is bordered by railroad on the south, U.S. Highway 12 on the north, Stubbs Bay Road on the west and an extensive wetlands to the east. A collection system and community or shared drair:field is not feasible. ` .. DONE, 1980 RURAL FACILITIES PLANNING INCLUDES ALTEItNPTIVE WASTE MANAGEMENT STUDIES. The objective of public involvement in sewage disposal is to provide assurance of treatment methods and levels sufficient to safeguard the public health and the natural environment. The objective of sewage treatment planning is to determine the most cost-effective treatment method consistent w_th the primary goal and with the City's other planning objectives. In urban areas, the preferred method is obviously central sewerage. In rural areas, at rural densities, the preferred method is individual on -site treatment and disposal. Where older, develope- housing clusters exist within otherwise rural areas, sewer facilities planning requires the study of a wide range of alternative treatment methods. Orono's Alternative Studies include an inventory and analysis method similar to that included in the MWCC's 201 Alternative Waste Management Systems Evaluation Study. Acceptable solutions for treatment difficulties include the following list of options: 1) Alteration of the water consumption habits of the users, coupled with careful system maintenance. 2) Repair or reconstruction of individual systems. 3) Replacement of existing systems with new individual systems constructed to new City (WPC-40) standards. 4) Installation of innovative or. -site systems including consideration of composting or incinerating devices. 5) Installation of individual holding tanks with off -site disposal. 6) Installation of a collection syst(.n and a community drainfield. 7) Tnstallation of a collection System connected to the metropolitan interceptor. 8) Condemnation and demolition. All of the foregoing options are self-contained, on -site Llternatives except the connection to municipal :ewer. The Metropolitan Council's Water Quality Management Policy 11 (Pg. W12/79) allows the connection of existing rural development into the interceptor system iZ identified in the CSPP. Orono's Rural Sewage Treatment Policy it allows consideration of such a connection as one alternative to solving a documented health hazard should the on -site systemo fail to function properly. in no case would such sewerage foster new development; it would only be used to correct existing defi,:iencics, and then only if this option is cost- effective compar<d to the other viable: alt..:r.natives. A CMI' 6-44 NOTICE. TO LOCAL UNITS OF GOVERNMENT AND OTHER AFFEC',ED JURISDICTIONS The City of Orono proposes an amendment of the 79/80 City of Orono Comprehensive Management Plan that would provide for the inclusion of the properties designated as areas 11 through 14 on the attached map within the Metropolitan Urban Service Area (M.%.i.S.A.) and Metropolitan Sewer Service Area (M.S.S.R.). On December 8, 1986, the Orono Council directed its staff to proceed with a formal application for amendmei.t with the Metropolitan Council. The City of Orono welcomes written comments pertaining to this request by January 8, 1987. The City of Orono P.O. Box 66 Crystal Bay, MN 55323 Attn: Mark E. Bernhardson, City Administrator See addendum to Metropolitan Council application for more detailod information. Notices mailed 12/15/86, exhibits included with notice - Ex'.,ibits A,B,E. LIST OF JURISDICTIONS NOTIFIED City of Medina Attn: City Clerk 2052 County Road 24 Hamel, MN 55340 City of Wayzata Attn: City Clerk 600 Rice Street Wayzata, MN 55391 City of Minnetrista Attn: City Clerk 7701 Country Road 0110 West Mound, MN 55364 Minnehaha Creek Watershed District Attn: Mike Panzer Box 387 Wayzata, MN 55391 City of Long Lake Attn: City Clei k 1964 Park Avenue Long Lake, MN 55.>36 City of Maple Plain Attn: City Clerk 1620 Maple Avenue Maple Plain, MN 55359 Orono School District Attn: 685 Old Crystal Bay Road North Long Lake, MN 55356 Lake Minnetonka Conservation District Attn: Frank Mixa 400 Fast Lake Street Wayzata, MN 55391 0--oNO - C. rn. P. - Map /o f Y� 09me4O vnc,v7— ArIJ;7` F + I'Mil j -.J i•.LUNA ,• r—....._.�._�._. ..._._..�,._��.._�_._. ...................... �7a 10 9 A ' !' °"'`a' y 11 rta- �`\-�` �.�`' --i .�1;5�l1i�, _•- 's,4,!• ' 'f=•raa^NG, 1 'th�cs+9t'. 1� �Yat�Ni� 'v.,_r4r.Q0 Iirs if, 5�,,,ar Fnc 1tfres LIOLWD tk / 1 ..lt✓�' .._ •!G.' I E` ��,.:. r _ v '1 �IUH 1 n��`� E�uFFs �t�l�r..T iC•.'+> Iaa• wow: ae Cety of Mreo, Annesota TO: Mayor Butler Mark Bernhardson, City Administrator Orono Council Members Planning Commission Members FROM: Jeanne A. Ma busth, Zoning Administrator DATE: July 14, 1986 SUBJ: Comprehensive Plan Amendment - To amend the M.U.S.A. Boundaries originally defined and approved in 1979-1980. Pertinent Sections of State Statute and Municipal Regulations - 1. State Statute 462.355 2. Comprehensive Plan CMP - 6 - 44,45,47,48,49 3. CMP Maps 12,13 List of Exhibits - A - Public Hearing Notice B - Existing and Proposed Sewer Facilities Map C - Gaffron Memo - 9-20-84 D - Septic mapping of Fulmer Property E- Inventory of areas already sewered or approved for sewer and not formally included in a Comprehensive Plan Amendment. Review of Application - The Fulmers request to amend the Comprehensive Plan, M.U.S.A. - M.S.S.R boundaries, seeking sewer service for their commercial kennel/residential use within the now defined rural service area has been included in a more comprehensive amendment on the part of the City. The MWCC has advised that Fulmer's sewer connection will be approved as soon as the City formally amends its comprehensive plan finding that the subject property qualifies under the standards set forth by the City in its Comprehensive Sewer Policy Plan. Orono has never filed a formal amendment with the Metro Council to reflect areas sewered within the City since the approval of the 79/80 Comprehensive Plan. Review Exhibit B. The Minnetonka Bluffs/Browns Bay reigY.borhood (11), Shoreline Drive - marinas (12) and the Crystal Bay Area C.3) have been included with the current proposal. A comprehensive amendment will be considered by the City with the ordering of sewer for the Stubbs Bay area and the Hwy. 12 area (upon completion of the planning study) within the next year. The latter amendment will also include the following areas already sewered (review mar) - exhibit E). A - North Shore/Highwood B - Northern Ave. C - Carmans Bay (L,ehman project) D - Orono/Medina intercepter - expansion to cast - New Life Bible Church - Hennepin County Library E - North Shore/Scotch Pine F - County Road 84 - developmc_nt on east side of road and to the south of old sewer plant and hropesed Noerenberg Park facility. G - Navarro plat Comprehensive Plan Amendment July 14, 1986 Page 2 of 2 H - Other areas approved for sewer service within the defined rural district Review of the Fulmer property in relation to Alternative Waste Treatment Methods (Required by CMP review CMP 6 - 44 [items 1 - 61 and exhibit D). 1. It is not feasible nor practical for Fulmer to alter water use in the Kennel operation. 2 & 3. The on site evaluator, Steve Schirmers and Gaffron confirm that the existing system cannot be expanded nor a new system insta.11cd meeting all standards of the code nor with any assurance that such a ,-ystem will provide continuous service in the future. 4. Since 1978, the City has yet to find thi^ a real alternative. Gaffron has not approved a composting or incinerative type system in the City. The system would not be effer.tive with a high water user as the kennel operation. 5. Expense of adequate maintenarice of holding tanks not economically practical or feasible in light of thr- location of the interceptor within Fulmers lot lines. The current system serving the house, installed in 175 is already inadequate on this severely limited property. 6. The property is surrounded by large acred lots with no record of septic problems. The property itself is bordered by railroad, Hwy. 12 and wetlands - the Eisenger property to the east of the wetlands is a former dump/fill site and not suitable for septic systems. A collection syLcem and community or shared drainfield is not feasible. Staff Recommendation - To approve the City's application to amend the Municipal Comprehensive Plan by redesignating the M.G.S.A. - M.S.S.R - boundaries within the City to now include the following properties already approved by the M.W.C.C. for sewer service: The Minnetonka/Bluffs/Browns Bay neighborhood, Windward and Minnetonka Boats Works properties on Shoreline Drive and the Crystal Bay neighborhood, and to approve new sewer connection for the residence and commercial kennel at 3505 Wayzata Blvd. based on the following findings: 1. The extension of municipal sanitary sewer is (was) required because environmental and or health problems could not be technically or economically resolved on site. 2. The subject properties were all located adjacent to a M.W.C.C. interceptor. 3. The serving of these properties wi 11 not increase densities nor open new areas for development. because of such a sewer extension. Comprehensive Plan Amendment August 6, 1986 Page 1 of 1 Additional Comments and Planning Commission Recommendation Additional Exhibit i - Blat-z Memo of 7/29/86 The Planning Commission voted 4 to 2 to recommend approval of the proposed Comprehensive Plan amendment based on the findings cited by staff in the first part of this memo. Staff has included a recent memo from Kathleen Blatz advising that since Orono is a statutory City, a two-thirds vote or 4 votes of the Council is required to approve an amendment of the Comprehensive Plan. Council Action: To give staff conceptual direction and request a resolution of denial or approval of the proposed amendment. atuLr- �• I rr V l r .� �1,•. 1 — LAKE 10 s i 1 6-t j � � � GiLattTA•� �'` /4— T was ,00a 1st I�sScale a�� :c City of Crono, Minnesota ?dETING c _3 2 31987 ORDINANCE NO. 29, SECOND S i* jF URUNO 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. 29, 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 dw,lling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including ;heir domestic employees or their non-paying guests. All regular lot requirements small 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. Thee shall be at least one access door to the apartment from within the principal structure, and sick door shall be the primary access to the ap&rtment. 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 transmis-,ion 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 tha,: the architectural design of service structures is compatible to the neighborhood 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 requirerents 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 aster the date of its passage and publication. Passed by the City Council this 23rd day of February, 1937, by a vote of ayes and __ nays. James R. Grabek, Mayor ATTEST: Dorothy M. Hallin, City Cler MEETING To: From: Date: Mayor Grabek Orcno Council Members City Administrator Bernhardson r-3t 231987 ,;.1 � 0 Jeanne A. Mabusth, Building & Zoning Administrator. February 19, 1987 Subject: #1059 Michael Schafer (formerly Margaret Bjork), 2259 Shadywood Road - Conditional Use Permit/Variance Resolution At your January 12, 1987 meeting, Application #1059 was tabled at the request of the new owner of the property. The tabling has provided Schafer the additional time to review the implications of the current application and the directives of the approval resolution. Schafer will occupy the residence the first of May, sometime after the birth of a child expected mid -April. lie has asked Council to consider the fol.l.owing deadline dates with your conditions of approval in light of his occupancy of the residence on May 1st: 1. Schafer to commence code compliance review with Orono Building Department by May 30, 1987. 2. New curb cut and berming along street lot line completed by July 15, 1987. 3. The detached garage removed by July 31, 1987. 4. On -site parking area to r^ar of structure installed by August 15, 1987. 5. Gravel area within railroad right-of-way removed and entire area restored with ground cover by August 30, 1987. Staff would ask the Council to once again review the enclosed memos and exhibits and to please contact me if you hav-, any questions or need additional background. C.-ity of ORONO 'iESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND A VARIANCE TO MUNICIPAL 'ZONING CODE SECTION 10.20, SUBDIVISION 3 M FILE 01059 WHEREAS, Michael. Schafer (hereinafter "the applicant") is the owner of the property located at 2259 Shadywood Road within the City of Orono (hereinafter "Cite") and legally described as Lot 1, Block 2, Wiley's Park, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, per Section 10.20, Subdivision 3 (I), the applicant has made application to the City of Orono to permit a duplex ase of the existing residence and to grant a variance to +hat same Section to permit a duplex use .630 feet from a commercial district rather than the required 200 feet. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of mono, Minnesota: FINDINGS This application was reviewed as 'boning File #1059. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. 3. The property is approximately 7,324 s.f. or .17 acres in area. 4. The present structure was constructed approximately 45 year., ago prior to the formal adoption of City-wide standards for lot six: or lot width. 5. The structure contains 3,111.2 s.f. of finished living area. 6. Pr4.or to ,3 the structure contained a grocery store on the first floor ana residential apartment on the second floor. 7. From 1963 to 1976 the structure contained a dry cleaning plant. on the first floor and a residential apartment on the second f 1 oor. Fage 1 of 7 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. B. In 1976 the City issued a building permit to Margaret. J. Bjork to al low the first f 1oor to be converted to a non- rental apartment allowing independent accesses to first and second floors. The interior plans were never altered to insure a single family use would be the primary use. 9. Since 1976 Mrs. Bjork has resided in the first floor apartment, an6 when members of her immediate family did not occupy the second floor apartment, the apartment would be rented to members of their church. 10. The current use of the property tints the following lit inventory facts: a) Hardcover breakdown - Allowed Hardcover = 2,197 s.f. or 30% (property is located within 500 feet of the lake) Existing Hardcover = 4,404 s.f. or 60 1. Hardcover Variance = 2,207 s.f.. or 30% off -site Hardcover = 4,200 s.f. - to support parking needs - use of railroad right-of-way b) Lot Area Required = 21;780 s.f. Existing = 7,324 s.f. Variance = 14,456 s.f. or 66% c) Lot Width Required = 100' Existing 100' at the rear of the front yard setback line Yard Setback Line = 1?8.7' along street lot line d) Setbacks of Principal Structure Front/Street Required = 30' Existing = 0' Variance = 30' or 100% Side Required = 10' Existing _. 6' Variance = 4' or 40t Page 2 of 7 r a. City of ORON( RESOLUTION OF THE CITY COUNCIL NO. e) Setbacks of Accessory z'tructures Side Required = 10' Existing = 2.8' Variance = 7.2' 11. At the Council met , of October 13, 1986, staff was asked to review current status of property and to determine what additional variances would be necessary to locate new garage, determine a single, safe access, required landscaping improvements and to present amended lot inventory facts. Council was concerned with the o-v;,rall effects of intensification of use on this severally substanc,ird property. 12. Staff has recommender: to Council that all future improvements must be contained within homestead lot with no dependence on railroad right-of-way. Access had to be moved to the north if access was to be within homestead lot. The detached garage is considered a hazardous structure and must be removed. The limitations in area will require that a future garage be attached and the 18 feet wide ground floor storage area be converted to either a 3 or 4 stall garage. Turnaround paved area adjacent to garage must also serve as off-street parking for residents' guests. Entire gravel parking area within railroad right-nf-way removed and ground cover restored. Berming along street lot line must define single approved access to site. 1.3. Lot inventory facts based on s'caff recommendation for future improvement of the property: a) Hardcover Breakdown Allowed Hardcover = 2,197 s.f. or 30% Existing Hardcover = 4,404 s.f. or 60% Revised Hardcover = 3,995.E s.f. or. 54% Off -site Hardcover. = 4,200 s.f. Revised Off -site Hardcover - 0 s.f. b) No setback variances required for attached garage at rear of structure. The existing structure would extend 3 feet from rear of existing buildings. c) Off-street parking area provided in turn, _>und area to rear of garage. 14. The property is located 630 feet from a designated commercial zone but the property is adjacent to a railroad track and across the track from a non -conforming, commerci a l use, an upholstering shop. Page 3 of 7 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 15. In 1963 the property was assessed two residential sewer ur_its . 16. In 1971 the pro�,erty was assessed two residential water units. 17. There is no contiguous undeveloped land available for applicant to acquire. 18. The current status of this property has made it impractical and/or financially impossible to make improvements. 19. The City Council finds that the conditions existing on this property dre 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 demonstrable hardship or difficulty; is necessary to preserve a subs'antial property right of the appli- cant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 20. The City Council finds that granting a conditional use permit to allow the duplex use of the residential structure will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Oronu City Council hereby grants a variance to Municipal Zoning Code Section 10.20, Subdivision 3 (1) and per that same Section grants a conditional use permit for a duplex use to Michael Schafer, subject to the following conditions: 1. The detached garage is a hazardous structure and must be razed by — "acic' 4 of 7 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2. An access permit must be obtained from the Hennepin County Highway Department prior to installation. The new access must be installed by _ The off -site, gravel parking area on railroad right-of-way must be removed and ground cover restored and on -site parking area to rear of structure installed by Berming along street lot line of property to define single controlled access to County Road to be completed by 3. Applicant is advised that if a future garage is planned for the property that it must he attached to rear per staff sketch approved by Council at their meeting and made part of this official record. The City will grant no setback variances for a future attached garage. 4. Appli.casit must bring structure into compliance with all code standards of the Uniform Building Code for a legal duplex. Applicant to commence code compliance review with the Orono Building Department by 5. Authorities granted by this resolution run with 'he property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special coditions of this resolution will expire o_ that date (February 23, 1588). 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 terrainate 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 it -he chain of title of the property. Page 5 of 7 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ Adopted by the Orono City Council on this 23th day of February, 1987. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 6 of 7 ZONING FILE NO. 1059 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal I3ay, MN 55323 473-7357 Date of Notice: 01/13/87 ------------------------------------------------------------------ TO: Michael Schafer COPIES TO: 3220 Chicago Avenue North Minneapolis, MN 55407 TYPE OF APPLICATION: XX Conditional Use Permit ----------------------------------------------------- DATE OF MEETING: 01/12/87 NOTE: 4 For Against COUNCIL ACTION - MOTION: To table application #1059 seeking a conditional use permit for duplex use of your newly acquired residence, providing you the additional time to review the background on the property and required improvements or alterations required by City based on the new approved use of the property. Please call my office if you have any questions on the information submitted to you prior to the meeting. After you have had enough time to digest all the material, call and we will schedule a meeting to discuss the final improvement plan. If you desire certified copies of the official Council minutes, they are available from the City Recorder after review and approval by the City Council. rha,-r � 1i4N. lye rn• TO: Mayor Butler Mark Bernhardson, City Administrator Orono Council Members Planning Commission Members FROM: Jeanne A. Mabusth, Zoning Administrator DATE: January 7, 1987 SUBJ: #1059 Margaret Bjork, 2259 Shadywood Road - Conditional Use Permit for Legal Duplex - Resolution List of Exhibits A - Council Minutes 10-13-86 B - Council Action Notice C - Inventory of existing improvements D - Staff - proposed site plan E - Complete packet of submittals for. Application #1059 - Exhibits A - L Brief Review on Status of Application - The applicant seeks a conditional use permit to allow the existing residence to be used as a legal duplex [per Section 10.20 Subd. 2(1)]. The application has reviewed the unique history and physical setting or location of the property. Prior to Mrs. Bjork's purchase of the property in 1976, the property had served pre-ious owners as both residence and place of business (grocery store and dry cleaning plant). Staff would suggest that had Mrs. Bjork approached the City in 1976 seeking a legal duplex use rather than continuation of a commercial use as more sophisticated buyers of today would have, my guess is the City would have granted the conditional use permit. The difficulty in considering such a req est today is that the property has been a conforming use since 1976 at least on the official record. The property has been used as a duplex in recent years because of the size and physical layout of the living quarters. In issuing a building permit in 1976 for a mother-in-law apartment (area where commercial use existed - remember upstairs served s former residence for previous owners) staff failed to ask for the required conditional use permit (conditional use permit required for non -rental apartment) and approved plans that allowed not only separate entrances but made no attempt to conform interior design to a comprehensive single family unit as we require in similar applications today. Please review the attached staff memos prepared for the Planning Commission and Council for more detailed information and the Planning Commission recommendation. At the Council meeting on October 13, 1986, the Counci l's first review of the application, the four members agreed a duplex use of the existing structure was appropriate in light of the number of supportive findings that have been found concerning the property. Prior to any formal action on the application, Council. members asked for additional information. Please review Exhibit A, the minutes of that meeting, that reveals Counci l's position and lists the information -equested. Zoning Application #1059 January 7, 1987 Page 2 Responses to Council's Request for Additional Information a) Inventory of the Site (review Exhibit C) 1. Hardcover Breakdown - Property is located feet from lakeshore - allowed 30% hardcover. Area of property = 7324 s.f. Allowed hardcover = 2197 s.f. or 30% Existing hardcover* = 4404 s.f. or 60% Hardcover varaiance = ?207 s.f. or 30% *garage = 432 s.f. residence = 2275.6 s.f. gravel = 1696.4 s.f. 250-500 In review of existing hardcover it should be rioted that approximately 4200 s.f. of additional gravel area within railroad right-of-way serves the property currently as off-street parking area. Note almost as much area of hardcover that exists on the subject property. The existing non -conforming detached garage is in a state of disrepair and should be removed at the time final repairs are made to residence. Staff has asked the applicant to check on the existence of an easement over the railroad property to permit the off-street parking. The railroad company advises there is none but would agree to allowing the use of the right -of --way for an annual. fee. Ns. Lang asked about leasing of approximately 30' x 80' of railroad property, she was advised the fee would be between $200 to $300 a year. The County Highway department has met with staff out on the site and approves the northern access designated on the staff sketch plan (Exhibit D). The County representative has asked the applicant to work with adjacent neighbor to the north to see if a shared access is feasible. The neighbor to the north wi11 be out of town until the end of March but their children have advised they see no problem since their access drive is so close to the shared lot line. Staff will work with applicant in order to expedite shared access suggestion - may result in reduction of hardcover. 2. Review of staff recommendation for future site planning - review Exhibit D). Hardcover breakdown: Allowed hardcover = 2197 s.f. or 30% Existing hardcover - 4404 s.f. or 6C8 Revised hardcover = 3595.6* s.f. or 54% *2275.6 s.f. of existing structure 120 s.f. attached garage add (3' x 40') 1.600 s.f. paved area Zoning Application #1059 January 7, 1987 Page 3 Note that staff has asked for complete restoration of rai lriad r; q: t-of-way reducing 4200 s.f. of off -site hardcover. Off- sti :et parking wi 11 be to rear of 3 or 4 car sta 11 garage (applicant may wish to retain portion of ground floor storage area). An attached garage making use of exi Sting 18 feet wide ground floor storage area will help to conserve on space. The proposed site plan reflects no longer a reliance on railroad right-of-way and removal of old detached garage provides off- street parking within "backing out" area of attached garage - similar use situation for all small lot owners along Shadywood and elsewhere in the City. No setback variances required for this addition or any other improvements shown on revised site plan. Ground cover must be rest -)red upon completion of improvements - landscaping along road must be limited to shrubs not in excess of 3 feet in height. Staff suggests berming along roadway within property li ?s to define controlled curb cut to north. Staff sees no need to require special. landscaping or fence screening except if owner plans to store garbage cans or dumpster in yard area - code requirements will take care of that matter. Staff has drafted a resolution of approval for your consideration and action. Note the only variance required to a performance standard of Section 10.20 Sub,ivision 3(1 ) would be required setback from a commercial district. The substandard features of the lot do not have to be addressed but merely stated in the factual findings section of the resolution. A setback variance of 430 feet will be required as the nearest commercial zone is 630 feet to the south. New members to the Council, please feel free to contact me if you have any questions or seek additional information. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (I) FILE #1059 WHEREAS, Margaret J. Bjork (hereinafter "the applicant") has an interest in the property located at 2259 Shadywood Road within the City of Orono (hereinafter "City") anu legally described as Lot 1, Block 2, Wiley's Park, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, per Section 10.20, Subdivision 3 (I), the applicant has made application to the City of Orono to permit a duplex use of the existing residence and to grant a variance to that same Section co permit a duplex use 630 feet from a commercial district rather than the required 200 feet. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1059. 2. The property is located in the LR-lC Single Family Lakeshore Residential Zoning District. 3. The property is approximately 7,324 s.f. or. .1.7 acres in area. 4. The present structure was constructed approximately 45 years ago prior to the formal adoption of City-wide standards for lot size or lot width. 5. The structure contains 3,111.2 s.f. of finished living area. 6. Prior to 1963 the structure contained a grocery store on the first floor and residential apartment. on the second floor. 7. From 1963 to 1976 the structure contained a dry cleaning plant on the first floor and a residential apartment on the second floor. Page 1 of 6 8. In 1976 the City issued a building permit to the applicant to allow the first floor to be converted to a non -rental apartment a l lowing independent accesses to first and second floors. The interior plans were never altered to ens-e a single family use would be the primary use. 9. Since 1976 the applicant has resided in the first floor•: apartment, and wher, members of her immediate family did not occupy the second floor apartment, the apartment would be rented to members of their church. 10. The current UFe of the property presents the following lot inventory facts: �) Hardcover breakdown - All.owed Hardcover = 2,1.97 s.f. or 30% (property is located within 500 feet of the lake) Existing hardcover = 4,404 s.f. or 60% Hardcover Variance - 2,207 .,,.f. or 30% Off -site Hardcover = 4,200 s.f. - to support parking needs - use of railroad right -of -quay b) Lot Area Required = 21,780 s.f. Existing _ 7,324 s.f. Variance = 14,456 s.f. or 66 �, Lc` Width Required = 100' Existing = 100' at the rear of the front yard setback line Yard Setback Line = 12".7' along street lot lire d) Setbacks of Principal Structure Front/Street Required _ 30' Existing = 0' Variance = 30' or 100% Side Required = 10' Existing = 6' Variance = 4' or 40% Page 2 of 6 e) Setbacks of Accessory Structures Side Required = 10' Exiting = 2.8' Variance = 7.2' 11. At the Council meeti.nq_ of Octob.r 13, 1986, staff was asked to review current status of property and to determine what additional variances would be necessary to locate new garage, determine a single, safe access, required landscaping improvements and to present amended lot inventory facts. Council was concerned with the overall effects of intensification of use on this severally substandard property. 12. Staff has recommended to Council that all future improvements must be contained within homestead lot with no dependence on railroad right-of-way. Access had to be moved to the north if access was to be within homestead lot. The detached garage is considered a hazardous structure and must be removed. The limitations in area will require that a future garage be attached and the 18 feet wide ground f loor storage area be converted to either a 3 or 4 stall garage. Turnaround paved area adjacent to garage must also serve as off-street parking .for residents' guests. Entire gravel parking area within railroad right-of-way removed and ground cover restored. Herming along street lot line must define single approved access to site. 13. Lot. inventory facts based on staff recommendation for future improvt: nt of the property: a) Ha, .,7er Breakdown Allo,. "tardcover == 2,197 s.f. or 30% Existi, rdcover = 4,404 s.f. or 60% Revised i. -over = 3,995.6 s.f. or 54% Off -site Ha. over = 4,200 s.f. Revised urf-s, , Hardcover - 0 s.f. b) No setback var.l :ices requ:'Lred for attached garage at rear of structure. Che existing structure would extend 3 feet from rear of existing buildings. c) G,f-street parking area provided in turnaround area tc. rear of garage. 14. The property is located 630 feet from a designated commercial zone but the property is adjacent tc a railroad track and across the `rack from a nor -conforming, commercial use, an upholstering shop. Page 3 of 6 15. In 1963 the property was assessed two residential sewer units. 16. In 1971 the property was assessed two residential water units. 17. There is no contiguous undeveloped 1,nd available for applicant to acquire. 18. The current status of this property has made it impractical and/or financially impossible to make improvements. 19. The City COL:nCl.l finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zo .,g district; that granting the variance would not adversely a.:fect traftic 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 1s necessar; o alleviate a demonstrable hardship or difficulty; is necessary o preserve a substantial property right of the appli- cant; and would be in keepirq with the spirit and intent of the Zoning Code and Comprehens— Plan of the City. 20. TY City Council fir, that granting a conditional use permit I allow the duplex use of tho residential structure will not be detrimental to the health, safety or gener-il 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 propo ed level of use of the property will be in keeping with the i;. nt and objectives of the Zoning Code and Comp. ehensive Plan c )e City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby gr.,..ts a variance to Municipal Zoning Code Section 1.0.20, P, ibdivisic 3 (I) and grants a conditional use permit for a duplex .Oie, su} jcc' to the following conditions. 1. The detaf , -d garage is a hazardous structur and *gust be razed by May 37, 1987. Page 4 of 6 2. An access permit must be obtained from the Hennepin County Highway Department prior to installation. The new access must be installed by April 30, 1987. The off -site, gravel parking area on railroad right-of-way must be removed and ground cover restored and on -site parking area to rear of structure installed by May 30, 1987. Berming along street Jot line of property to define single controlled access to County Road to be completed by May 15, 1987. 3. Applicant- is advised that if a future garage is planned for the property that it must be attached t rear per staff sketch approved by Council at their January 12, 1987 meeting and made part of this official record. The City will grant no setback variances for a future attach(_ arage. 4. Applicant must bring structure into compliance with all code standards of the Uniform Euilding Code for a legal duplex. Applicant to commence code compliance review with the Orono Building Department by February 27, 1987. 5. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special coditions of this resolution will e: ire on that date (January 12, .1988). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of h4mself., his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 12th day of January, 1987. ATTEST: Dorothy M. Iiallin, City Clerk James R. Grabek, Ftayor i rop_,rty nwr►er 1 s ) Page 5 of 6 W MINU`ITLS OF THE REGULAR ORONO COUNCIi, G':I;TING IILLD OCTOBER 13, 1986 APPROVAL OF MINUTES* It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to approve the Minutes of the September 22, 1986 Council meeting as submitted. Motion, Ayes 3, Nays 0. PLANNING COMMISSION COMMENTS Planning Commission member J. Diann Goetten was present and had no comments. PUBLIC COMMENTS There were not comments from the public at this time. ZONING ADIMINISTRATOR'S REPORT: #1033 ROYAL DOSSETT* 2795 PHEASANT ROAD VARIANCE RESOLUTION #2057 It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to adopt Resolution 02057 approving variances for Royal Dossett as drafted. Motion, Ayes 3, Nays 0. 01039 WILLIAM J. UI.RICH* 1595 BOHNS POINT ROAD CONDITIONAL USE PERMIT/VARIANCE TABLED UNTIL NOVEMBER 24, 1986 It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to table this application until the November 24, 1986 Council meeting. Motion, Ayes 3, Days 0. #1064 CITY OF ORONO* SPATES AVENUE LIFT STATION CONI'.ITIONAL USE PERMIT TABLED UNTIL OCTOBER 27, 1986 It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to table this matter until the October 27, 1986 Council meeting as requested by Dan Crear. Motion, Ayes 2, Nays 0. 01059 MARGARET BJORK 2259 SHADYWOOD ROAD CONDITIONAL USE PERMIT Margaret Bjc c and her Deal Estate Agent Ruthanne Lang were present for this matter. City Administrator Bernht-rdson explained that this property at one time had a commercial use in the lower level and an apartment in the upper level. Since 1976, the lower level has been converted into a mother-in-law apartment. lie noted that the City had not requires: the 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 13, 1986 91059 WORK CONTINUED appropriate conditional use permit at the time building permits in 1976 and 1980 were issued to construct a mother-in-law apartment. The property was assessed fcr two residential sewer and water units. Applicant requests, in advance of sale of the property, a conditional use permit for duplex use. Ruthanne Lang stated that the structure is ideally set- upf or a duplex use because of the area and f loor plan. She noted that the property has been on th( market as a single family home with mother-in-law r.partment, but that it would be more marketable in th.t. price range as a duplex. She noted that the neighbors have not objected to the duplex use. Z-)ning Administrator Mabusth reviewed the existing upper and lower floor Flans noted that there are serarate access entries. She noted that a curb cut should be defined and approved by the County for this property. She also noted that in order to create a legal duplex certain requirements may be required by code such a-,; relocation of fire detectors and installation of a second water meter, etc. Mayor Butler asked City Attorney Barrett's opinion regarding granting a variance to the performance standard requirement of a duplex being located within 200' of a commercial zone, whereas this property is approximately 1000' from a commercial zone. City Attorney Barrett stated that the key issue is determining whether a duplex is a permitted use, and if so, the City does have the power to grant a variance. Planning Commission member Goetten stated that when this application was reviewed by the Planning Commission, she was in the minority opinion that this was a reasonable option for this property. Mayor Butler stated that she did not feel it would be unrealistic to permit the duplex use because of the history of use of the building, the fact that the structure will not change in appearance, and a two residential use would be no more intense than the combined commercial and residential use as it has been in the past. Cour.c i lmember Frahm stated that aie was concerned with the size of lot and intense use and the fact the the future owner would inevitably want to construct a new garage which would create too much hardcover. However, he felt that it was not a bad location for a duplex. 4 MINUTES ON THE RLGULAI? ORONO COUNCIL MEETING ItI:LI) OC11'0I3I R 1 3, 1986 Q1059 WORK CONTINUED Councilmember Callahan stated that he agreed with Councilmember Frahm's concerns with area and hardcover however based on the overall. context of the lot and the buildings background, he would go along with whatever change is necessary to sell it as a duplex. Mayor Butler stated she agreed with Councilmember Frahm regarding construction of a new garage. Zoning Administrator Mabusth stated that there may not be enough area to locate a garage without the need for a setback variance. She also reviewed the past commercial uses of the property. She noted that if the duplex use were denied, there would be major problems trying to control the use of the property. She stated that major strutural charges would be required to conform with other mother-in-law apartment use standards. City Administrator t-),. &,-dson recommended that staff come back to Council with a6ditiona1 findings regarding appropriate placement of a garage, any easements that may exist, and a hardcover inventory. It was moved by Mayor Butler, seconded by Councilmember Frahm, to table this matter and to direct staff to bring back additional findings regarding: -inventory of the site -hardcover analysis -number of variances that may be required for an an'.:icipated new garage -ac"Less easr:ment over railroad right-of-way property -curb cut. landscaping, screening, etc. -off-street parking Motion, Ayes 3, Nays 0. 01065 LARRY MARTINEI%U 4360 CHIPPL•WA LAWS VARIANCE RFSOLUTION 02058 Jean and Larry Martineau were present for this matter. Cicy Administrator Bernhardson explained the request for a variance to permit a temporary two-family dwelling of which Planning Commission reviewed and recommended approval. Councilmember Callahan stated that standards should be made regarding mother --in-law apartments in order to avoid problems as created in the previous Bjork application and alleviate wasting staff and Councils' time. 5 ZONING FILE. NO. 1059 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 4*13-7357 Date of Notice: 10/24/86 ----------------------------------------------------------------- TO: Margaret Bjork COPIES TO: Ruthanne Lang 4177 Shoreline Drive 970 Forest Arms Lane Spring Park, MN 55384 Mound, MN 55364 Don Bjork 10 Rusten Lane Spring Valley, NY 10977 -------------------------------------------•----------------------- TYPE OF APPLICATION: XX Conceptual Approval of Conditional Use Permit ----------------------------------------------------------------- DATE OF MEETING: 10/13/86 VOTE: 4 For Against COUNCIL ACTION - MOTION. To conceptually approve your application for a conditional use permit to permit a legal duplex use of the residence at 2259 Shadywood Road. Staff has been directed to draft a resolution of approval and in addition asked staff to determine the number of variances required to install a garage in the rear yard of the property. Applicant has been asked to work with staff in working with the County Highway Department to define a safe access and appropriate landscaping for the property. Applicant was also asked to contact the Railroad Company to determine if an easement has already been executed on the property for access and parking purposes and, if not, to s,-�e if it was feasible to acquire easement rights for such use. If you desire certified copies of the official Council minutes, they are available from the City Recorder after review and approval by the City Council. C N&96-Rb O V Plat of STmY for Charles GroBa ' of Lot 1, Block r2, Wiley's Faris Hennepin Ccunty, Minneeota ,: f:,;: r • N • - � 'fir ��N/7 . z ± B.•J N..IIri.I•n /!. R. .-:.... "'g��N�1G��{3•AJ--'t'19�ii'!ER'!'F'�,.'^, ._f�ft�OAH�- _ Certi ficato or survey I bQ: eby 00rtltY th4t %.hia is a true and eorroct r® reseiltatlon - - of- a sUrey of the boundarl©a of Mock 2, Wlley,o P: - or the location Lot Z, o i. 'tc, end �: •`_ - • of all btidldings theroon. It does not purport to \• = • show other improvements or encroachments RSO Plat of Surrey r for Charles S. Groan of Lot 1, Block 2, 6iley'3 Park yy� Hennepin Ccunty, Ainn000ta lb 16. AO ou kt : � 6.,1..r�i�Nc.�.a.•n �. R. 'i GortlnCA U Of Tu Qya I hereby oortity thAt this is a true and correct ropreaentatton ' of- a surrey at the boundaries of laot 1, Block 21 Wiley'a Park and - Of the lotion of all budldings thereon. It does not purport to ' show other improvements or encroachments .'. (0"4001 f �►1►� s r} � 3- � To: Mayor Butler Merk E. Bernhardson, City Administrator Orono Council Members Planning Commission Members From: Jeanne A. Mabusth, Zoning Administrator Date: August 13, 1986 Subject: #1059 Margaret Bjork, 2259 Saadywood Road - Conditional Use Permit - Public Hearing Pertinent Ordinances: 1. LR-lC - One Family Lakeshore Residential District Section 10.25, Subdivision 1, Subdivision 3 A Review purpose of district and permitted uses 2. Guest House/Apartment Section 10.20, Subdivision 3 (G) Conditional use permit required for guest apartment - review standards 3. Duplex Unit Section 10.20, Subdivision 3 (I) Conditioral use permit required for duplex unit - review Ftandards 4. Non -Conforming Uses Section 10.03, Subdivision 5 A through J Review sections for response to questions on proposed uses 5. Prohibitions Section 10.03, Subdivision 4 Can the City issue building permits 'or this structure with current status? List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Approved Building Envelope Exhibit F - Building Permit #3214 Exhibit G - Plans Approved With Building Permit Exhibit 11 - Renewal Permit #4304 Exhibit I - Telephone Message of 11/17/81 Exhibit J - General Permit - hater Hook Up - 1 „ _ P C Axv- .j #321 4 Connection Zoning File #1059 August 13, 1986 Page 2 Review of Application The current owner, Margaret Bjork, wishes to sell the subject property as she can no longer maintain the property given her age and nt alth. She presently lives in a senior citizen's apartment in Spring Park. ?t is my understanding that Mrs. Bjork's former- residence has been offered to a family for temporary non -rental use. Mrs. Bjork hes asked the City consider whether this structure can be used as 2 residential units (duplex) in light of the unique history of use of the property. In any case it is important for the City to make definite decisions on the use of the property in order to protect applicant and future owners. General Facts Zoning District - LR-lC A) Area Required Area = 21,780 s.f. Existing Area = Approximately 7,324 s.f. Area Variance = 14,456 s.f. or 66% B) Width Required = 100' Existing = 100' at the rear of the front yard setback line 128.7 along street lot line C) Setbacks - Principal Structure Required Street/Front = 30' Existing = Variance = 30' or 100% Required Side = 10' Existing = 6' Variance = 4' or 40% D ) Setbacks - Accessor-, Structure Required = 10' Existing = 2.8' Variance = 7.2' F) Assessment History 1963 - assessed 2 residential sewer units 1971 - assessed 2 residential water units F) History of Ownership and Use 1. Prior to 1963 - A. Jal.ms, owner, mixed use grocery store and residential apartment 2nd floor. Zoning File #1059 August 13, 1986 Page 3 2. 1.963-1976 - W. Jungquist, owner, dry cleaning plant and residential apartment. 2nd floor. 3. 1976 - to present - Margaret Bjork - residence and mother-in-law apartment. 1st floor - no record of conditional. use permit for non -rental apartment. Review of Uses Prior to 1963, the property served as ::)oth principal residence and grocery store. In 1963, the City assessed 2 residential sewer units against the property. Mr. Jungquist replaced grocery store use with a dry cleaning plant and maintained 2nd floor apartment as principal residence sometime in 1963 through 1976. In 1971, thr City assessed 2 residential water units against the property. In 1976, Mfs. Bjork assumed ownership via a contract for deed. The address file for the property provided staff with additional information on the history of the property since 1976. Review Exhibits F, G & H. In 1976, the commercial use did not exist and 1980 repermitt.ing confirmed that a commercial use sti l 1 did not ex= st. Per Sections 10.03, Subdivision 5 A through J - a commercial use would not be allowed to be resumedwithin the structure. -he permits and floor plans confirm that permits were issued t .rert commercial area of structure into a mother-in-law aF -1t. Note the permits state that apartment could not be US'- rental apartment. A conditional use permit was not regi. in 1976 - Section 10.20, Subdivision 3 (G) requires a cons nal use permit fe c-.aest apartments - the code has not been u_,.nded since 1976. The applicant's son has advised that at one time Mrs. Bjork attempted to sell the property as a duplex and the prospective buyer sued when advised by the City that structure was not considered a legal duplex. When the original permits were issued in 1976 and once again in 1980 to the Bjorks, the City was advised that one of Mrs. hjor.k's sons wj1 d reside in the second floor apartment with his family and M Bjork, because of her age, would reside in the first floor apartment. Neighbors have confirmed that Mrs. Rjork has resided in the apartment until her move to Spring Park. Staff has no information on the use of the second floor apartment from 1976 to present. Staff has had at least 2 contacts from prospective buyers, within the last few years, interested .in the use of the structure as both a residence and space for home occupation. Unfortunately, the home occupations dici not satisfy standards for such use. Zoning File #1059 August 13, 1986 Page 4 Questions that must be resolved for applicant prior to presenting property for public sale. 1. Does the property qualify for duplex credit? a) Adjacentto commercially t;sed property (legal non- confcrming use - upholstery shop) property is not adjacent to a commercial district as required in Section 10.20, Subdivision 3 W. b) Duplex section does not establish need for area or width standard but Section 10.03, Subdivision 4 would require that property meet all zoning standards to permit a change or intensification in use - prcpert.y is substandard in area and 0� bui ldin i. - - ,III "I IL1111111 _ f AA c) Does the fact that the property was assessed 2 water units and 2 sewer units have any bearing on this issue? Assessments were based on existing uses - residential units because property was located in residential zone. d) Had the City made any commitments to applicant since acquisition of property that would suggest duplex use was a legal use for property? City has consistently advised applicant that converted commercial area to r,)ther-in-l.aw apartment was to remain non - rental unit:. City failed to ask for the necessary conditional use permit to allow the guest apartment - may have been deemed a less intense use of limitFc1 property than a commercial use - simi lGr commercial use would have been al lowed if on= year had not lapsed since dry cleaning plant use ceased operation. e) Can you make the necessary findings that would support the position that would find the installat.i.on of the second residential unit in 1976 as a continuation of a non- conforming use. Staff did not ask for a conditional use permit for the non -rental apartment nor for a conditional use permit to allow the conti.nua`aon of a non -conforming use. Per Section 10.03, Subdivision 5 (A) the non- conforming use may not. be changed to another non -conforming use. The new use would not have been approved. Prior to the 1967 Zoning Code there were no .standards for non- conforming uses - the change in use from grocery store to dry cleaning plant. required no zoning review. Staff had originally ad, .. seu applicant's son that a review of the files and code may have supporte:l this position but we can not make the necessary findings. Zoning File #1059 August 13, 1936 Page 5 If Plarr.ir•: Commission fin(".- that property qualifies for duplex credit, you may consider the following findings: 1. Proper as assessed for 2 residential sewer a.id 2 residential hater units. 2. Second floor apartment art>a creP red prior to zcni.rig and building standards (allowed rri.:ed re.:.idr al and cc mercial 3. Property has immediate access to •'ounty Road. 4. External appearances of house suggest single family residential use. 5. There is adequate room on site for off-street parr-. If Planning Corunission finds the nroper+-v do, of qJ, y for duplex credit, you r-ay consider thc:o1.lt ;ing fii ainys: 1. Property is riot sdj;.. t to cor i,:ercial district but adjacent to a commercially �-led proper.cy cons'-dere4 a legal non-confor.mina use. Vi- ^ti ve behind all zoning standards for nun--conformi- that the use fade away and permitted and conform'.•., s V the specific �.ng -14 4 trict be estaL'.ished. 2. The property is severely st.bst.,, d - property lacks 1�, 56 s.f. of required , !a, houc-e e...:roachc s a4-- Ge ti n ty—Road. A A,4),,, 3. Safety becomes ev _oncern wit:i ircreased or -itensifed use of r to and frorr property 4. Pe: '' Y ror guE:: • ,^.:.r.t r: Ir� y aravi applicant ICY aI. t coil d never ..e.: for rent.A purpot,es. - Suct. ise would be ;n conflict w '..h the intent nd puri.cise of the LR-1C 7 other issues '..a resrlved cv,icerning cnia property: &-fine an E+-,�rovedr ctirb cut t_o proner+-y - seek I; �r.r..tPi>> int y H= ghway Depas-tme of Vai - opt n access to c ' to must ' discon, hued - on' -)proved -jecess si_e Zoning File #1055 August 13, 1_986 Page 6 2. recommendation regarding mother-in-law apartment: Available Options a? approve conditional use pe.iit alerting all future buyers ae to the lir.,itations on use of apartment and make such alteration<, to structure that would deny separate access to ind floor unit; n) ask that first floor be altered such that area can no longer funf-tion as independent separate residential unit - deny conditional use permt for guest apartment - require that structure be used only for single family use; 3. :-equL-.-e that Builuing apartment inspect foundation for structura soundness. September 17, 1986 Additional Comments and Planning Commission Reccm mendation: I k a- 04 xff_� As suggested by the Pianning Commission, the applicant has subm3 a letter reviewing, once again, the unique history of his mc,_ is ownerE:',ip and invol �,rement with the property. In that same letter he mists spec'fic hardships and f ndings that he a .ks Council to consider prior to any formal action on the conditional use per~iit. 1. Biork st, . that it •Joul.3 be unreasonable at economically no reasible to upc ,_t4e the c: rrent structure to a single fam.L residence on a lot adjacent to the County r and railroad tracks. 2. The non -conforming use an. ist.,no zoning Froh' commercial_ use of the property. 3. An approved home occupation may 1_,_ove inure of a zoning nightmare in this type of structure. 4. The mos�- affected r.-,.,. nb, rs ha, voiced no objection tip Mrs. B jork's current apr,1 i. cati or ne neighbor called the City to suFp .rt any pro:Tram t.ha would al. J ow the severely limit, -t property to be up(_-,radsd. Zoning Pile #1059 September 17, 1986 Page 7 The majority of the Planning Commission voted denial of the conditional use permit (fog duplex use) (originally accepted by staff as a possible cor, ;,uation of a non -conforming use - deemed less intense of use than the previous mixed commercial/residential u3es,. A review of the records on this property revealed no evidence to support a position that the duplex use was deemed less intense than the mixed commercial/residential. The majority opinion felt each permit by the City issued to the applicant clearly advised the second apartment was for non -rental use although a conditional use permit for the ndn-rental apartment was never required in 1976. Please review Exhibit V. the minutes that contain the specific recommendation of the Planning Commission. Alternatives of Council .'lction: A) To deny the Bjork application for a conditional use permit for duplex credit and to grant a conditic I use permit for a non -rental apartment unit subject co the following conditions: 1. The owner working with both the Hennepin County Highway Department and the Orono staff in establishing a permanent, safe curb cut to the site; 2. Removal of detached accessory structure in reE yard that is in a state of disrepair. Direct staff to draft a resolution with appropriate findings for action at your meeting of October 1.3'.h. B) To direct staf :o draft a resolution of approval for a ccndit nal use pe,.,,.it for a duplex based on resolve of the following issues: 1. City Attorney t:, opine if granting a duplex credit for this property constitutes a use variance or merely - variance to a performance standard of Section 10.20, •ubd-ision 3 (I) - If th is considered a use variant. _ she app' J ^a+.L n wi be returned for further Council Pcti(n a: r OcL-der 13th meeting. 2. Building Deparr.went to evaluate exist q structure in regard to building code standards for l�_,aI duplex. a) need for intepent water meteZs b) separate hook-ups to sewer for each units; c ) second f 1 oo r t mr,nt must be brought upto building code stanu,. -ris ; Zoning File 159 September 17, 1986 Page S d) fire code standards - legal/safe egress. 3. Zoning Department to evaluate on site demands of duplex: a) parking needs - number of stalls; b) landscape requirements. If the City Attorney determines that this request involves merely a performance standard variance, staff will draft the necessary resolution with appropriate findings. CITY OF'ORONO GENERAL LAND USU'APPLICATION -----•---------------------------------------------------------------------- PROPERTY LOCATION Site Address 4 Property Identification Number (P.I.D.) 7 // 7 .2 -9 O / A7 Please check one - Is the property abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. -------------------------------------------------------- ----------------- APPLICANT ,, 4j G OC Name Phone W 7 yV 7. Mailing Address �-4,-- iC` Xto*'V? --------------------------------------------------------------------------- OWNER Name Phonl %3 Mailing Address Date Property Acquired (month/year) )S3$y I (do) (do not) also own the adjacent parcels of land. ---------------------------------------------------------------------- ----- FEES - CONDITIONAL USE PERMITS $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school etc.) V $150.00 c) Duplex Credit/Bldg $250.00 d) rommercial/Industrial Use $200.00 f ) L :nd Alteration Grading and filling - 101 cu. yd. or more Seawall, retaining walls within 75' of lake--hore PRD/PID - see fee schedulc OTHER APPLICATIONS $1.50.00 Commercial ''rite Plan Poview (+ consultant fees) $250.00 Vcicr,', ion $1,50. 0U Vlwat i en $ 50.00 Fasemrr,t Vacation With 3utidivision r OTHER APPLICATIONS - CONT. $250.00 Rezoning $200.00 Appeals Othe- - see fee schedule PRESENT USE OF PROPERTY Present Zoning District _ Present Use of Property Residential Otl,er (specify) -----------------------------------------•---------------------------------- DESCRIPTION OF REQUEST Describe request in detail: --------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtaii this list from Hennepin County Department of Finance A-603 Governmen Cernter 348-3271) $-1+' 3f� 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the name on the above list with no return address. 4. Certificate of survey. 5. Construction plan, if applicable. 6. Plat Map. --------------------------------------------------------------------------- The applicant and Property Owner must sign tl'is 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 Fred correct. to the he--st of his/her knowledge. Applicant's signature f �. r'�.�:)._i-'LL-� - - ._ /; c'j Date — OWNERS SIGNATURE / `I'lie owner hereh7 acknowledges and agrees to this application and further authorized reasonable entry onto the property by Ciry staff, consultants, agents, cornmission members, anc3 Counci 1 rriemb,!rs for purposes of investigation and v(,rif.ication of thir request. owner's signature Pate Applicant Must have' all F;U1':1!i r t;A 1 S i r _ i t 1' Off ' COS 25 days before the Manning Commission Meet ng. 111,,r�ninq 'ca;rnisssion Me-tinys are held on the third Monday of each month. l �•' % rry ` 21 ef'r 0) Ise 16 A / r �• Its 19 / °,I% �•�, •� / phi �/ 8 ,��.��."� �+ti.O%S pp,-•��its� � y , �.ly\l 1►r} I���� °• �,t!' O ° _per .e .!' Jo .-� 6 '� � �►`� ! i / :�� � Z � 2 ,`tip,.^ • pAp 33 � f1=•�-) �1 " �/ �{moo y 120 / ,[ in a/ 21 ♦ 94 r ✓S�i / ti 1 w�, I'�; 1�,! .ol I`:.� . i +`a ' l;►I i (,�" t� t 11 h`j1 10 ,l 'ts 9� 8 7 6~ S 4 ! ✓ I 10 ,9 B 64 3 �145)f v` /,-'i tr) rI _ �i _ f �� �.a `3 r /:aF�,•• yl�'/�28%i 16 18 17 1 18 19 ! 20 2I 22 2-324 i 13 S 1 17 20 ' '1 1 2` 14' 11411i .r' �.1 1) f1.w) �.i,!��23'• �i• sA��•/Vlr•• As 8 17 V' 9 8 ? 9 9 4 3 2 I `j 4 13 2 II I(� 9 1 6 7 d S • 2 I Qr. ' a 19 cr is to 17 A 19 20 21 3 24 � 1S 16 17 is 19 29 .:I 27 Z3 Z.4 r5 26 77 28 I•' ra:'1. Z I ,l ` ,tyl i•''11ii ��r. i� �1 ({I' 61 � ,y �i �..�.�-•-- _ �„ �_ • - ^ � • o• i (too l 4 M `-rowpSlte I!] 9 9 i • 3 2 1 -14 Ill It 0) R •N 1 { ,• I 'a P e ` �S ' 19 20 2. 23 -4+ 2 73 1.4 7'S .' ',e '�1 w P-1 DAT'_ 07/23/86 HENNEPIN COUNTY PROPERTY INFORMATIONS' REPORT F-0. PI435401 PROPERTY OWNERS LIST P__^..3E 1 E?ATCH 1^1 33 17-117-23 42 0001 38 17-117-23 42 0002 38 17-117-23 42 0003 ;,-DR 02240 SHADYWOOD RD 02232 SHADYWOOD RJ OZ224 SHADYWOOD RD �•-' :R C A d C A FREES.^.N RICHARD LEE KOKESH MICHAEL PIRICH TA r. '. C A d C A FCEEMAN RICHARD L KOKESH MICHAEL PIRICH � 2243 SHADYW;d-3 RD 2232 SHADYWOOO RD 2224 SHADYWOOD RD t:AYZATA M 5:,3nl ORONO MN 55391 WAYZATA MN 55391 38 17 — 7-23 42 0004 38 17-117-23 42 0005 38 17-117-23 42 0906 Ft-? A71R 02216 C'tADYWOCO RD 02208 SHADYWDCO RD 02200 SHAOYNOOD RD C.•' --R t.•.;tE JAPES 6 GOT!iCt.'.KM ETAL J B ELMQUIST & P M ELMQUIST V W '.UNG ETAL T!:;rAYE? JAPES G GOTKfAKN J B R P M ELMQUIST VINCENT W-YOUNG N.'."ciGL�R 2216 SHADYWOOD PO 120E SHADY1400D RD 2200 SHADYWOOD RD WAYZATA t^1 55391 ti:YZATA MN 55391 WAYZATA MN 55391 39 17-117-23 43 0001 3' 17-117-23 43 0004 38 17-117-23 43 0005 a a^ R 02293 SHADYWOOD RD 03443 CRYSTAL PL E9 !!,"E `TATE LAND DEPT E J DALLOS & J N MOORE A & L RCDEWALD T-'<rAYER STATE LAND DEPT P03ERT A & DELORES C RYAN ADELBERT M RODEWALD "'•''�:A"CR 2293 SHADY14000 RD 3443 CRYSTAL PLACE O�C::O MN 55391 WAYZATA MN 553�-1 38 17-117-23 43 OCC6 38 1r-117-23 43 0007 38 17-117-23 43 0008 03449 CRYSTAL PL 03457 CRYSTAL PL 03465 CRYSTAL PL • c 6ERPY T CAMPION WIHDF, .:ROPERTIES STEPHANIE A KRUGER KERRY T CAMPION FREDEt ""CATHERI1dE GERMAIN STEPHANIE A KROEGER - :,l_CR 3449 CRYSTAL PL 3457 C,.-TAL PL 3465 CRYSTAL PL WAYZATA NN 55391 WAYZATA M4 55391 WAYZATA MN 55391 33 17-1L:-23 43 0009 38 17-117-23 43 0010 38 17-117-23 43 0011 ACCR 07,473 CRYSTAL PL 03477 CRYSTAL PL 03485 CRYSTAL PL G `f LATCURELLE & K M OLAFSON NANCY B HATFIELD ALBERTA M STROM TA'-'?AYER KA^-EN M CLOFSON DEAN HILGERS & ROD EARLYWINE ALBERTA M STROM =IE/!= R 3473 CRYSTAL PL 425 ELF ^;T S 3485 CRYSTAL PLACE WAYZA"fA NN 55391 WACONIA t1?1 55387 NAVARRE MN 55391 38 17-117-23 43 00I2 38 17-117-23 43 0016 38 17-117-23 43 0017 ^;OP ADCR 03493 CRYSTAL PL 03472 LIVINGSTON AVE 03460 LIVINGSTON AVE C:a =R !SAME G N LCCKREM ETAL P E GRANT & A M GRANT GALE W W-TSWELL ET AL TAXPAYER FC7-ERT PAIGE PAUL E GRANT KENRIC N LINOLAN N.'."E/ADOR 4601 BRUCE AVE 347L LIVINGSTON AVE 1720 RESTHAVEN EDINA M1 55424 ORONO MN 55391 MOUfM MN 55364 A `ATE 07/23/E6 8' --H cal 38 17-!17-23 43 0018 ^? GDR 03452 LIVINGSTCN AVE _..::_P N'sfE ;:ILLIAM R MA>:!ELL lI 8 WIFE •-':PA'*'E? WTLLIAM R MAXWELL II _.'AE•C? 3--.5" LIVINGSTON AVE NAVAP . r'� 55:91 38 17-117-23 43 0021 -,7:) t•; CR 0347-5 LIVIt;53TON ',VE C"--r "!ME STANLEY A t')^'E ET AL YE? PCXAt"i EEISCH l:�t'EiAOCR 3+3u LIV1 I5TON AVE W;YZAT4 rl- 53*1 33 17-1!7-23 43 0042 ^R 03503 LIVINGSTON A':E M'.PY; A S"ALDI!n ETAL 'A'- YEF i' F : A SPALDIK s 3523 LIVINGSTC'i AVE WAYZATA Ki 55391 33 17-117-23 43 01LI "R C3435 'PYSTAL DAY RD G';EPT W MIELEt:Z "AYE;' PC°.EPT WILLIAM MIELEHZ '43- 7-71°J •AL SAY RD GO"3 t,'J55391 :3 17-117-23 43 0124 -P AC' C212E•: 5�140t-000 RD R _•!E EVELYN S T!7UTNAU <:FA'!'R EVE0N 5 T?UTtUU 'AC^R 2264 SN iC. t::OOD RD V-1 fZATA ttl 553�4 33 17-1..-23 43. 012: ^P AOCA 02259 SHADIi:000 Fo Ii'R NAME 903EPT JUNS"UIST ETAL TA:PALER MAP"URIT` J BJC7K. tiAt;-E/AE)DR 4177 SHORELIVE OR APT 327 SPRING PAPK t1`4 55334 HENNEPIN COUtTTY PROPERTY INFORM'•fION SYSTEM PROPERTY OWNERS LIST 38 17-117-23 43 0019 03444 LIVINGSTON AVE FPAK< H OLSON ETAL FPAt:'< H OLSON 14 4 LIVIVGSTON AVE WAYZATA MN SS391 3S 17-117-23 43 0022 03422 LI6INGSTON AVE W t N BOCKMAtgl WILLIAM H EOCKMANN 3422 LIVINGSTON AVE C-ONo HN 55391 30 17-117-23 43 0116 03407 CRYSTAL BAY RD R S 8 E C NICHOLS F.03ERT S I EUNICE C NICHOLS 3407 CRYSTAL BAY RD WAYZATA MN 55391 33 17-117-23 43 0121 03,*;45 CRYSTAL BAY RD GLOPIA MC DONALD GLORIA MCOONALD 3445 CRYSTAL BAY RD RGUTE I WAYZATA tLf 55391 38 17-117-23 43 0125 02256 SHADYWOOD RD WILLIAM HENRY MEY JR WILLIAM H MEY JR 2672 WTLSHIRE BLVD MOUtm Mtn 55364 38 17-117-23 43 0128 02245 SHADYWOOD RD HIN74 FED SAV/LOAN DOVALO H WEISS 2245 SHADYWOOD ROAD WAYZATA MN 55391 REPORT NO. PI435401 PAGE 2 38 17-117-23 43 002G L'w_ 03438 LIVINGSTON AVE STEVEN 0 GRAPENTIN STEVEN 0 GRAPENTIN 3438 LIVINGGSTON AVE WAYZATA MN 55391 38 17-117-23 43 0026 S CRYSTAL PL LA.1:0 DEPT .GE J i NOLA A EDWARDS --i33 CRYSTAL PLACE WAYZATA MINN 55391 38 17-117-23 43 3118 03415 CRYSTAL BAY RJ ROEERT H ZItuiERMAN RCBERT H ZItO ERMAN 3415 CRYSTAL BAY RD WAYZATA MN 55391 38 17-117-23 43 0122 03447 CRYSTAL BAY RD GEORGE C SWANBECK GEORGE C SWAtMECK 11021 ABBOTT LA MIhNETONKA MN 55343 38 17-117-23 43 0126 02248 SHADYWO00 RD D 6 K OWEN DAVID S OWEN 2248 SHADYWOOD RD WAYZATA tN 55391 38 17-117-23 43 0129 02237 SHADY14000 RD 0 L SCHUDER A S M SCHUDER DANIEL L i SUSAN M SCHUDER 2237 SHADYWOOD ROAD ORDtfO MN 55391 a•. Rt CATE _ATGH C11 38 17-117-23 43 0132 �. w' 02213 `:HAOYW^C7 RD C :E C 0 LAITIN ETAL ',YEP CHAS LATTIN .R 2:13 `_'HADYWJOD CD t:AYZATA Ml 55391 38 17-i1%-:3 41 L =CIP A'Dp 07505 CRYSTAL PL W. E JC`04 C 70Sr:OLT Tl : %YE= JJH•' C FOSI'OLT E:' DDA 1502 F =PST Bt". PLACE ::EST NPL:i ►s4 ss:02 rcA -E T. PAYEV TOTAL EATCH ".1 ,--- /A!:=a 001 00042 HENNEPIN CCUNTY PROPERTY It4FC7M-'TI0N SYSTEM PROPERTY O'.",ERS LIST 38 17-117-23 43 0133 02205 SHADYWOOD RD WILLIAM J CARL--ON 3 WIFE WILLIAN J CAR.LSON eDx 5 NAVARRE MN 55392 38 I7-117 23 43 0143 02227 SHADYWOOD RD J S & N R BILLIt:3S P.OBERT A HEGERMAN 2227 SHADYLKICD ORCti0 M4 55391 REPORT NO. PI435401 PAGE 3 33 17-117-23 43 0139 034'8 1.IVINGSTC11 AVE L f. G LO''EZ LU � S GAIL GOMEZ 3'," LIVINSSTCti AVE VAYZATA 101 55391 38 17-117-23 43 0144 011220 SHADYWCCO RD P. D 3 J F JEPDEE TCD e2 SUSAN PIEFER 2229 SHADYWC00 RD WAYZAT,% HN 55391 I CERTIFY THAT THE FACTS REP^ESENTED ARE AN ACCL'?ATE ANn TRUE REP;2ESENTATICN OF INFORIIATION AS IT APPEARS THIS DATE CN THE RECO^DS OF T4E HEINEPIN CO NTY DEPARTMENT OF P^0 RTY TA7;ATION, TO THE BEST CF MY KttC41LE0GE AND BELIEF. �cI OATEj�& BY lJu [%J Plat of Survey for Charles S. Grose of Lot 1, Block 20 Wiley's Park Hennepin Ccunty, Ninneeota CO .` '► l y i 'r • 1410 a Y d \ G • 147,02 ' .• t.0 /3..,1• N..I�arr K K. _ifORT}-!EFt'f ceruf1cat• or may, T bareby overt-4 ry tha . -AG is a true and ecrrect re•)res--jtnti, n of a survey cC the boundaries cr Lct 1, Bloak 2, Wiley a Park, and of t2:e la^atien of all budlrtngs therenn. It does not purport to show other inprorements or encroachments. scaal.: i• :: ,� • ,o coffin Per Vu, Date 1 11-1-74 vet- and Plenrt©r o 1 Trr.n rirkt-jr L41�g LticL , Minn*aota ` `• Plat of Survey ! for Charles B. Gross block 20 Wilejca Park w,. Ar. Ccutity, MInneacta �%•.;... -, .. .•<,.. - ' � - . • - / sa,;.c%!. cows-\ .. 02 00 � fit. 1.•, � \ (sb. Hs.'� .� �'•, •.:' _• �n .ice - `� jf Ob .30 n y(� tq(*T H ' C� rtS fi ca is o f 3u�-veer � I beroby coartlfy t�zt thin in ai:i .orrect r rviaen'taticn Of a Durwr,f c f the tcurjdarle3 f.f Ln: 1, Ell, 't 2, W-ley a Part,. d ti try lc'.• ti n of all bleUilnCs t�.nrPcn. It doe-s not piu-p- obvd other i r: rarer nt,5 cr SCM 11' 1 4C Gor&.. n J. Co! _ i r. Lnrd 5::.yo r and .lers *-n_,- Irc-n rnrt°; U rg Mks, Minn* ' 1 A t -Di C r'Ti I CA T 0 7 0 VILLAU or '304140. MINIO'SOYA .(,I&& OVA ul.*tr httaloto I ThIllf *I wfsr Ilk I -le I LICAL 04&CQdP!RJN �/Ajv' t W*ws 4 4 VIA* - jlss•••- . 1 4. ? Vvlg OF mr-ax 0. sit$ 00 s 1, %r Ivill 9 *t. V Oft.yMil IM) Cwh: + TV Co lrA I '(Of III ONtA its "',r) 164AM04_ A ft 40 I't e!�. reo 4 ALKNOWLEDGE-MENTAND SIGNATURE: ISO. S,:-fPQ%w Of F-loo-ing R- VltLAGC 4•t It W. %lV4A% 0 tW "'0 1%9#1"n F4— 416' 1 0 1 *1 , %I blon-'re'lo 1, p 44.. If, 0 Ota, V;46 L Aril OF Olj`�IKJ. '9- '61a!s 0 Mor, Ge rLRrOW) F WORK '4Y kF, MINN. 553^2 741 � V" .11+:'..►!;.'i"i Icf't ► ;.)+� (• ►� r �► +r',� s : t?� t:aa !' tt. Building Verwit F ct. r1 x rt�, 1. J,... ' FVAR. N►NG L;I�ThIt, T :•f T { ALh-11t1. 1 �:(i/�, l►i rri'it►P1111{•r {'It;1P 1O t l� � � ( !I ... � �. 1 —'J c..:;.1 - ' fit ([ ZONh DATE _�.._. __._ _�k�.�iL�«,`-T •� •�::IJ.C2.t^. :. ... _ _ . _ _'it �.�.�.�.'�' 1.._ p `} _ _____ �•.4!;HI ' ta: t : t. "JCt1h:1 f 1.�-1)r C 1,1 / 1.L., v i '. 'Y. ' , , .n1 /' • 11 tit ,... su • d 1✓.rNtr :, ,•. V 't F NO. . !--•-------^-. _...__ (%trtn: fA'L.irllt/ 1✓1�lIIw' LOT ARLA lY10TH DF!':i V _._. . F1'.OFOSE a SETBACKS r FRONT 4 S10f LAKi. ACCESS NEW EXIST INC AGENCY APPROV. DATE CITY C.OU14TY - �,~ STATE Si fi)Itr.)(t` ....._........ ♦IFttmf (.f\%:itPi, i ...._. ..,..�,..--'�t•,�►.e►.........—..,..,. ^� � i • 1 Y1 ,1+ ra�Yrrrrrr. j L:r ; sr1 TOTAL Duc 1: Rt'. MARKS : ._. ,►'.rai►3.t.. -. _ 31 Ilk. t.. 7 APu►.♦ �,? . �U.1"i LV ! .� t Lf'-lC%k '• Is '�,.nt�l %I ,r...'�+►"if"G:t.,lrr. r ' irk•;' ` f 'iCl'IyTkA_ < -'s,'r I.in L)vrit"w r?�' JUJA.Itet tfj( INSPECTION P.EoUIf1E0 f W I Iv . ho , • joy/ 4I1010 ...-... _.-. MAt LC AIM 1*$#& 0 ,. . 1 f*M t LIfItIN vt. +PM . + INKI»l N VOMI UPI Wff/1 JVf A f1f ril,'-+/d tM•1s"tt14h WILL NL Viif it :' t;11tb1t1,1r H1�1� 1.1M 641, 1►+5, 411 01.1 ArKNOMFOO(MENT +Nr t 1yfN'11y.+•4`U01, Nth• Poo .l1Aa'1.►IhM111•:lN It "%$ /Nt IIIA+ m "+•.IW`I•0 'wtl-t+'/.1 ^$,:t NtLtMo* +'%. f a Pt ►1A l / • , 11 1 •* AI.A V •01 41 •'t! 901 041 A+•tl ALt.&VI A/114 fit Ar,1 '••tatNAltu A4 A1Itf 11`jt/tgtf !t�tT': Nlrhlj y11U 1•+• f •t. t:11t1tM111•f 11r1 li"IWO :+f.1•t:► 1+411N1 n ••.•, 1 111 "'O All 1 u• 1.11At".1, *,too 4'1 1 •.• +M 1IWO I)"t I%% 4 qt,•♦ 4111i1 At• IF "Yo MIt•!•Wt'• MI t ,lK •+i N+f++MINI• 4 •�w �f frfA/ Itvy %•1t/a • , jw", t► ,- , '.1tt , t .t,: • - 'tr»-f ' %� yr - +"AIIA'+It .'1 •i.N +f(M (. r., p 1 '�'«+ I yy f�,/,� - - .. .. �-.r•.. . a..... ...... -...-. ww r-....M...r- «.. �w..w..... �..tr�..•�...•�..r w.r......�.-.... ►f..,.«, y„�,.M,�,,.....�,�.�.-. TO �; •�"�ATE ;_1�_. i 1lnE , on c:) u o - 1 r e 0 u t M 4 ip� R.ir1•►�� _ � TZ.LEt'ttOwEP ::A' -LED TO SEE YOU Y4IANTED TO SEE_ YOU PLEASE ::ALL WILL CALL AGAIN RUSH --- v ILI( .w....ri� I r. .'� �,��,Rol ,. J iJ OPERATOR 1� " • (.,vr 74 riIIt ng o..`ric. C356 SPOCKLYN BLitD,--BROOKLYN CFJER. tl.N ' 542') J TE LEPH0NE t612i 5614470 Es'u5:lshed 6954 ♦I t �. [A. 1 t l y. YA State litor.o.. No- G 11.144 N Ej 11 A 1.4 1" Ej R 141 1 VILLAGE OF OnUl#"C) Parcel Nc— tot---- 111ock—_ rat ' dt?:t:i Dtxri{,turn: I IbAvty apft tLt. it: w'-'C a PC-Mit is p'nooW, all wxk %hich -,Nil) lic dcrx and A outeviiis whieb Aall be *Md. 11%39 plr With tilt Vll!.,g.- CLUIC of 01000 applic-Ak fi1'.yCt.:p' allj I holl IrvAudc 2111 addax pCit4katiow as hitt4 W". ka".1 oAawnr %)Umw F" fit 111'wol WWW e".po..31 sy..!tm'. F(C Rglor Wake swp vu s %.qvwow of %'Aw (SAW to %'Ow r 4t,LW K I MINUTES OP THE PLANNING COMMISSION MEETING HELD AUGUST 1.8, 1,:86 #1048/#1049 WASH111GTON SCIENTIFIC CONTINUED Regarding the application for a variance and conditional use permit to construct the building, Mr. Unger !,; mated that the building is needed due to a PCA ins, )ection requiring adequate storage for their chemicals. There were no other comments from the public regarding this matter and the Public Hearing was closed. It was moved by Chairman Kelley, seconded by McDonald, to recommend approval per staff recommendation subject to WSI submitting a statement from the Board Meeting «pproving the installation of a sprinkling system prior to the September 8th Council meeting when the Council will review this application. Motion, Ayes 6, Nays 0. # 10 5 9MARGARET WORE 9_ _775SHADYWOOD ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 8:14 - 8:37 The Affidavit of Publication and Certificate of nailing was noted. Representing the applicant were Don Bjork, applicant's son, and their real estate agent, Ruthanne Lang. Applicant requests a conditional use permit to permit the property at 2259 Shadywood Road to be used as 2 residential units (duplex) in light of the unique history of use of the property. Applicant wishes to sell this property as she can no longer maintain it. Zoning Administrator btabusth reviewed the floor plan which indicate that their are two separate living units with separate entries. She noted that the two building per.iits dated in 1976 and 1980 which were issued to remodel the house for a mother-in-law apartment both specifically note that it is not to be used as a duplex or for rental income. Today, it is obviously being used as a duplex use. Don Bjork explained the history of the property and the change of his families circumstances. He noted how his family had improved the property. He stated that this house is definitely now a duplex, which the City help to create, and there is a hardship being they cannot sell the property unless it is granted a duplex use by the City. He asks that the City realize what is actually there and help them with this bad situation. Zo.)ing Administrator Mabusth stated that ;gaff finds no way to make this property a legal non -conforming use. MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 18, 1986 5 41059 WORK CONTINUED BeIIows stated that she had sympathy with the Ijjork 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 rertal 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. #1060 J.F. FLEISCHHACKER 2775 SHADYWOOD 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 re-juest for hardcover, average lakesho.re setback, and structure in 0-75' setback zone variances to construct a two -level deck in order to gain access from their upper f loor 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. Be] lows � tatud that she construct the stairway with set back area. felt there were ways to lass enfringement in the 75' .9 Don Bjork 10 Senter,ber 1.986 ..� to Mary Butt.-�r, Mayor �If SEP 519% Citv of Cr.ono li P.O. Box C,I; Crystal B:Minnesota 55323 •--- - -• . _.. Dear Mrs. i;tt ler: On 18 Auqu:,t 1­`86, the Planning Commission voted 4 to 2 against rec ,T:. ci%dinq a conditional use permit for a resi- dential property located at 2259 Shadvwood Poad in Navarre ,7.nd owned by my mother, Margarr,t LT. P3ork. May T rc orncct-- fully request that you and the City Council exercise your own prerogative in wei_ghinq the facts of this case. Thus doing, I believe you will aaree with those members of the Planning Commission who felt the permit should be granted. I. The applicant. Before I cite the stated reason for denial ai -t_ie basis of the Applicant's appeal, may I sav that she has earned and deserves your special considation, this for no other reason than her faithful service as Post- master of Minnetonka Deach for 23 years. Now 83 years old, Mother has been widowed since 1969, when my _father (former- ly floor manager of the Minnetonka Herald) passed away. Ftill serving her church and community, she continues to live independently, this with a minimum of help like this from her four sons, who were all raised in the Minnetonka area and are now scattered from coast to coast. 2.. 'rhe stated reason for the denial. The 22 Auqust 1986 "Notice of Planning Commission Action" states that the Com- mission recommends denial for the following reason: "An- nl.icant has a.lways been placed on Notice by the City that second residential unit allowed in 1976 was always to serve owner as a non -rental unit." The rppl'cant does riot cl— eceivinq such Notices, either nersonally or thr(-)u(;h her s; but all will bear witness that t:hev placed her un::ier years of unnecessary stress, if not actual duress. Because of the C.ity's position, the Shadywood Property has become a burden rather than a bles- sin,, . I'hen my brother Clifford was called to the m ..inistry out of business in Navarre, the main upstairs unit became vesicant. Thi-s 1(-'ft mother not = n1v al.,)nc, in the downstairs unit, but without x'F_,cru)-sC "n retitin(t out the upstairs unit. Unable tc, stistain the coat:: c;f such ;i L-ir(ic buildincl, she w.-IcnttI,tl lf<+rcud rut •t her (.-,wn t nwc. And, thouclh F' 0 N)x WHC Nyack Now York . MOO Phone 014 2.38-4135 2 - MB, City of Orono thousands of dollars have been invested to renovate what was previously an eye -sore, Mother several times has tried to sell her nronerty, always running up against what seems to be a needlessly heavy-handed restriction upon its use. 3. The basis for the Applicant's appeal. Apparently, the City s position has grown out of its intent and nuroose in the LR-lC rezoning, which envisioned an area of single-fami- ly homes. Ideally, this would be nice. And, it is under- standable that the City might wish past exceptions to the 1976 Code to simply "fade away." In some cases, however, that simply won't happen. In this unique instance, for ex- ample, the previous use and original design of Mother's property were definitely not that or a single-family home. Moreover, the sub-standar=ot wouir? itsel` auger against such a conversion. This in mind, the Applicant's desire has always been to upgrade her property to its most realis- tic use. That use is quite obviously a duplex. Those members of the Planning Commission rho voted for this use were precisely the ones who took time to inspect the property and to see for themselves what we have known and stated for years -- that the very nature of the building is a duplex. The up- stairs unit has always been residential. And, though the downstairs unit was used in the past as a grocery and then as a dry-cleaning establishment, it always carried with it the potential of easy conversion to residential living space --if indeed it was not actually used such, even before Bother was granted a building permit in 1976. (The City did assess 2 residential. water units in 1971, several dears prior to Mother's ownership.) Then, too, each unit has always had separate access to the street. Considering_ the increased traffic on the Count�i highway where it is located, the buildinq inspector worked with my brother to reUosition both entrances on another side of the buil-lin�_j. In so doinrl, he not only al levi_a'_Prl con- cerns for safety over increased use and intensific;d access, but tacitiv acknowledc^�! the generic nature of th,a building as a duplex by arr,rrv1.nq the continued existence of inder_en- dent outside access f..Dr each residential unit. ...-,t sack an approval would be unlikely now does not gainsay the fact that it was granted then --and that this decision was entire - Iv realistic in terms of the buildinn's (-teneric nature. To .-achieve as much consistency as T)ossible with the City's desire for an area of sinole-family homes, the building in- spector wisel'.' insured that the (,utside aT)oearance would indeed suo,Test: ri"'idential rathor than commercial use. Tn thi ;i'.C,,st. I ct'ent flie qj,l icant enhanced t.hl: *"csif7entLill lTia'ic by •:i t-("'!etc E'}:tcric,,- renovation, inoILic'•in't 0 !T,an,ai x i r-r f t,. rc,t,iace the corlrnercial aDneat- ance )f th":, p lst . ;;t i l ! , the into, i C?T remains two sen-ir- itC'11' i1CCf ili. i(' I11t 'a l E''tif 'le -,(-I 11 E'<l as a dI.1p1eX. And, thi'u,Th the 1of_ :F; r( It has relent", of 3 - MB, City of Orono room for parking under city Codes for a duplex. Please understand, then, that the Applicant is not making her appeal on the sole basis of hardship caused by oast 1_mitations upon the use of her property. Neither is the Applicant seeking use of her property as a duplex simply because it would be more saleable, or help her to offset expenses against more income potential (which, at her age, is most definitely a consideration). Pother most definitely merits consideration of those fac- to�:s by the Council, but they are not of the essence in her appeal. The Applicant's appea'�s based squarely on another premise --that the most rei tic use of her prop- erty at 2259 Shadywood Road is as .aplex. Aside from the argument I have set forth it to its generic nature as a duclex, there are other cogent reasons for such use: • The building can only be converted to a single-family home witY an enormous expenditure of money unjusti- fied by the substandard lot and proximity to both highway an.l railroad. • The building cannot revert back to its former com- mercial use, this in light of the one-year lapse. • Parts of the building could be adapted to profes- sional use, or to a home business of a quiet nature. But over time, this would lik--y present c,reater problems to the Ci.ty than simply grantinq a Variance/ Conditional Use Permit for a duplex. • Thouah given informal and formal opportunity to do so, no neighborhas voiced .n objection to the grant- ing of such a Permit. Ut)on the basis of the Appl' cant's ;ar_�peal and these reasons, may I re -spectfully request that you cir..-nt the lenal status needed for the most realistic ttse of my Mother's property -- that of a duplex. All thi.ric s c-,onsidered, I believe this is the City's wis,,,,3t and fairest course of action. And, since the unique nature of this pr(: verty makes it hicthly un].ikely that the problem it prtwser.ts will simply "fade away," it provides a constructive solution -tow to what: might i>therw.ise be a never-endi.ny and unitleasant situation `or all concerned and f c r �: c a r E, to cc,me . behalf ctf the At)nlica.n 1 am sincure]y ct. 3tc f.,'t to you ai the C(,tln('iI fc'r ti'(�Ut" rl:'lllf_'rat.l('Tt. t f u l vS- c'.. 1'1at_IlaI La I c n F3 N 3 i 87 To: Mayor Grabek Orono Council Members . 11 Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardsor, From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: February 18, 1987 Subject: #1105 Thomas & Joanne Hitch, 1180 Lyman Avenue - Renewal Variance - Resolution List of Exhibits Exhibit A - Memo and Exhibits of 2/6/87 Exhibit B - Proposed Approval Resolution This is a request for a renewal of a lot area variance granted previously in 1977, 1983, and 1985. This time we have an actual site plan, house plans and building permit application, and we anticipate construction will commence immediately. Please review the memo and exhibits of 2/6/87. Planning Commission at their 2/17/87 meeting recommended approval as proposed, 6-0. Staff recommends approval per the attached resolution. T(.': Mayor Grabek Mark Bernhardson, City Administrator Oronc Council Members Planning Commission Members FROM: Michael P. Gaffron, Assistant Planning & Zoning Administrator DATA: February 6, 1987 SUBJ: #1105 Thomas and Joanne Hitch, 1180 Lyman Avenue - Variance (Renewal) - Public Hearing Zoning District - RR-lB - Two Acre Minimum Application - Lot Area Variance Lot Area Required - 87,120 square feet Lot Area Existing - 68,171 square feet less 3,018 s.f. in cul-de-sac= 65,153 s.f. (1.496 acre) Variance - 21,967 square feet or 25% List of Exhibits A - Application B - Plat Map C - List of Property Owners D - Survey & Site Plan. E - Resolution #1849 The applicant is requesting a variance for construction of a }come on this lot at the end of Lyman Avenue. The lot exceeds the minimum 200' lot width. No other adjacent land is available. Access to the lot is over a private roadway off the end of Lyman Avenue. Copies of the access easement documents are on file. On -site testing was done on the lot in 19 0 7, and again in 1979. The results of the testing indicate at least 3 sites are available on the property for suitable drainfield systems, (1 trench system, 2 mounds). A system has been specifically designed to serve the proposed house (see Exhibit D). On September 9, 1985, Council granted a lot area variance to Norman and Christie DeWitt for this property - please review the Resolution #1849 that was filed against the chain of title approving that variance. Note that a va--iance had previously been approved in 1977 and 1983. Zoning File #1105 February 6, 198*7 Page 2 Staff r.ec:cmmends approval of a renewal lot area variance per the following findings: 1. This parcel was crea4-.ed prior to the creation of the RR- 1B zoning district. 2. No additional. land is available. 3. No other variances are requested. 4. A lot area variance for this property was approved in 1977, again in 1983, and again in 1985. 5. There is suitable private access to the property. A variance to the requirement for frontage on a public road is appropriate to be granted. 6. Suitable drainfield sites have been Tocated on the property. A suitable septic system has been designed for the proposed house. 7. The building envelope is adequate for construction of a residence without further variances and is consistent with surrounding development. S. A quit -claim deed for future right-of-way purposes has been granted over a portion of this property to the City. LI CITY OF ORONO - VARIANCE APPLICATION Date Rer.'d 1JJ—? — Receipt Initials _ Initia"ppl-ica_".on Fee $15•II;-Q0 ( $50. 00 per each additional variance) (Renewal Variance Fe �$75.00 (no change from original application) `Auer=the-Fact--Fees�ouble'appli cation fee) --------------------------------------------------------------------------- PROPERTY LOCATION Site Address CCU �,�-V,NCk,_1 i Property Identif ication Number (P. I. D. Please check one - Is the property abstract or ✓ torrens? Attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Phone ( home) -f ?e 74d / 1 Name�`r� ,cLS �f�o,r� ��� T _ Phone (work) Address: 'y��(��{Q,u ��% y City: CIyrelSiGY Zip:5533/ --------------------------------------------------------------------------- OWNER (if different than applicant) Phone (home) Name S C• L,,,,{ Phone (work) Addre.,s - City: Zip. Date Property Acquired (month/year) -----I (do) do not also own the adjacent parcels of land. ------ ............. USE OF PROPERTY Present Zoning District Present Use of Property V-U C G-I T L. aResii tial Other (specify) ------------------------------------- ------------------------------------ DESCRIPTION OF REQUEST Estimated Construction Cost $ IOS10 o O Describe request in detail: r-" -(A►nI F�,���,.,• 1� 4 ►1 \r VARIANCES REQUIRED Lot Area Lot Width Setback Variances ( Front Hardcover Side Rear) Other --------------------------------------------------------------------------- HARDSHIP Describe endue hard_,',.i.p or practical difficulty resulting from strict enforcement of zoning regulations: --------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code RequirementE. ,AE(ZUIRED SUBMITTALS (1.) Completed Application Form ,/2. Certified Property Owners List of owners within 150' (you can obtain this list from IIennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 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. --------------------------------------------------------------------------- Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. /I Applicant's Signature _ / %atl�. � _ Date _ A < / OWNERS SIGNATURE / The owner hereby ackowledges and agrees to tt:is 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 o.f his reque/s . Owner's Signature ?` ' / _ r-- Date --------------------- -------- ---�e------------------------- ---------- -t--- Applicant must have All. submittaiis into the Ci-.y offices 25 days before the Planning Commission Meeting. Planning Commision Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council, and, if an applicant is unahlo to attend a scheduled meeting, to please make arrange- ments to have an authorized agent attend in your place and to advise the Building & Zoning office of this change prior to the meeting. Adjacent. Property Owners' Acknowledgement Form I (we) `6(Llr1N An40 PJ%t,MW2 of IIg0 [[ pri.nt name (� j�j print address have reviewed the plans for the proposed improvement or proposed use of the property located at. II'bO also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am tare) aware of the improvement plans and that the proposed neiglihor's project or use requires Council approval. Property Owner Date Property Owner _/ /P 87 Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. Adjacent Property Owners' Acknowledgement Form I (we) of print name(SH Tprint address have reviewed the plans for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. roperty/ Owner Date Property Owner v Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prier to the scheduled meeting date. � , i t51 00: ti9 '� '',. y. /'p• r ,ro V2� O , Zoe u c �c� 5�`°;(��oTo, '' a ,�Q�ZI f0 4'S�'� Sits i �^ � , Cq� ^v sy9 �: �-� •o, °s�o 6 �1� `' y tit a -G U 3 �� ,., •IVy r e 4-5 . Ile C\t1 i G� f� O ti Zc l r 1b�8 e` • ry o •� 0 t0:. IZA - -� : i; ;` , 0 o� r° � i ' •�` ems• k •- E . • sa K:. ..� .crlrc• 80.E1 we soos ta e'67- j� wl 20 .Z N 7 21 68c 47 /se•� _ jj Al / \ 22 ' 31 @LAC! V �a 5 at8 23 o �. �> •' 12-51 t OCT 2 6 ( (Z 34 24 IT AL 7045 • S . t RUN CATE 10/21/83 HENNEPIN COUNTY PROPERTY _t- ORMATION SYSTEM REPORT NO. PI435401 BATCH 001 PROPERTY OWNERS LIST PAGE 1 38 35-118-23 34 0011 PROP ADOR 01200 ORONO OAKS OR Ot.'tER NAME T W a S HINELINE TAXPAYER t"IOUNG LEE NAME/ADDR 1200 ORONO OAKS DRIVE L LONG LAKE MN 55356 38 35-11R-23 43 0023 FROP ACOR 01160` LYMAN CUNER NAME CAR LEN�ON^ BEET ET AL TAXPAYER D LC`tGST t J WORDEN NAME/ADDR 968 Z IBAR LANE PLY TH MN 55447 38 35-118-23 43 0026 FPOP ADCR OW:fER NAME BURLINGTON NORTHERN RY TAXPAYER EURLINGTON NORTHERN RY NAME/ADIIR r O c ~ VV c) c7) (`7 Q 38 35-110-23 43 0003 -) THE WELLING CO ^ fie) THE WELLING CO ��'✓ 16605 13TH AVE N PLYMOUTH MN 55447 33 35-118-23 43 0024 01200 LYMAN AVE CHARLES E PEXA t WIFE V` CHARLES t CAROL PEXA 1200 LYMAN AVE WAYZATA MN 55391 72 35-118-23 43 0010 CITY OF LONG LAKE CITY OF LONG LAKE PO BOX L LONG LAKE MN 55356 38 35-118-23 43 0022\\ 01190 LY11AN AVE- D R BERGE ETAL / L M PALLADINO i�(.�lL`�� V 1190 LYMAN AVE ORONO MN 55391 38 35-118-23 43 0025 n C11 i0 L MAN AVE D A1E 5EN U�ArD MOGEi1 i _ 70 LY11AN AVE WAYZATA MN zS:91 '^TAI BATCH 00 ZI0 O ry'1 1 ,J .v +CfKs, I CERTIFY THAT THE FACTS REPRESFNTED ARE AN ACCURATE ANO TRUE REPRESENTATION OF INFOF.MATION AS IT APPEARS THIS DATE ON THE RECCROS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNONLEDGE AND BELIEF. (� DATE /� Y m rX i r� _Q -4 ..>i Al /l ..`.'" ofine! A ert if i cate of Survey for Bruce Bren domes in Tract A, R.L.S. # 1067 7 Hennepin County, Minnesota b o � L- N ' her-;bv cer't i t v th it ! ri i '.t";li in;: ci.rr t 1. r; r l'r-ntatron of a survey of thr, boundaries of t';6L ;; rt lyrn;; i::-ri'I cr a line commencing at t,'iP mOSt 'dartherIy (Or n(c-.. of f .,i: t A tllenCi? Jlilj?.!I r l V to a rpolnt In the South line th(,reof a di,:t:ncc, of tit' +—�t We;t fr;r`r tf:. r.. r;.t;cwas!. corner of Tract B, kegistpred Land Sur oy No. 1067, tiles Of 1;:.,gisI.raI, ;f iities, Hennepin County, the location 0f an P,,i ,t rn 1 (if r ,,.:r;ic 'heron :3nc the i r; Go;ed location of a p uposed ?l11 1 (j l` It d 'FS null, r t ho.r rry ott. Lr en- croachopntc r FF 1 t I & .;RL)'JBFRG, Engineers & Land Surveyors ICorw- et *4C7' A •i N Certificate of Survey for Bruce Bren Homes in Tract A, R.L.S. # 1067 Hennepin County, Minnesota Zn. pS i tA yS v ,o P 1. N RESOLUTION OF THE CITY COUNCIL NO. 1849 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE 4947 WHEREAS, Norman & Christie DeWitt (hereinafter "the applicant") has an interest in the property located at 1180 Lyman Avenue within the City of Grono (hereinafter "City") and legally described as follows: That part of Tract A lying Easterly of the following described line: Beginning at the most Northerly corner of 'Said Tract A; thence Southerly to a point on the South line of said Tract A, distant 120 feet test from the Northeast corner of '.Tract B, and there terminating; all within Registered Land Survey No. 1067, Files of the Registrar of Titles, County of Hennepin, EXCEPT, that part of Tract A, Registered Land Survey No. 1067, for road purposes, described as follows: That part of said Tract A lying within the circumference of a circic having a radius of 50 feet, the center of said circ) e being the Northeast corner of Tract B, said registered land survey (Hereinafter "property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a new residence on a lot with 65,153 _square feet in area instead of the required 87,120 square feet. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application -is reviewed as Zoning File #947. 2. Tne property is sated in the RR-113 Single Family Rural Residential orninq District. 3. The Orono Planninq Commisri.on revic,wed this application on i+u;�.,ust 19, 1985, and recommended approval of the proposed variance based upon the following findings: a) Thi;:; Marcel wits c i t atec? prior r+•.ition of the RR- ] 13 zon l nq , I i r. t r i rt: . I':l ge i of* 4 AU )NO RESOLUTION OF THE CITY COUNCIL NO. 1849 b) No other land is available. c) No other variances are requested. d) A lot area variance for this property was approved in 1977 and again in 1983. e) There is suitable access to the property. f) Suitable drainfield sites have been located on the property. g) The. building envel s adequate for the current zoning district and consistent with surrounding development. h) A quit -claim deed for future right-of-way purposes has been granted over a portion of this property to the City. 4. The City Council has considered this application including the findings and recorLmendations of the Planning Commission, reports ray City sniff, comments by the applicant and the effect of the propc:.ed variance on the health, safety and welfare of the community. S. 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 pre- serve 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 ab,_ve findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5 M) to permit the construction of a new resider -ice on a property with 65,153 square feet in area instead of the required 07,120 :-square feet, subject to the following conditions: 1. Satisfy the requi.rcrionts of t!tc' on -site code for an on- . -Ate seworte treatment system. RESOLUTION OF THE CITY COUNCIL 2. Authorities granted by this variance run with the property not with th- applicant, but are permissive only and must be exercis- r application for a building permit within one year ne date of Council approval, or tnis variance will exF-_- on that date (September 9, 1986). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and here- by 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. Sep ember, Adopted by the Orono City Council on this 9th day of 1985. Alie.-c, Mar C. utler, Mayon To rrahm Acting Mayor � I r it Ci ey of OR( -) V O RESOL UTION OF THE CITY COUNCIL NO. 1899 STATE OF MINNESOTA ) s s . COUNTY OF HENNEPIN ) On this / _ day of L-Y-77--/V7/;t om 1985 before me a Notary Publiwithand for said county, personally appeared P � c�= 1 w . e �,g K 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. c_G N.INNE5UTA I �, ��r NOTARY PU L{Ef1NEpiN COUNT 1S37 NOT RY 2 PUBLIC vo� Ex9Hc� Juno 11, MY rmmiso++++NdsoJ rso+ tr4A_�,?_ /9 7 MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this ���`�' day of 51e701985, before me a Notary Public within and for said Countv, personally appeared 1p, Cknown 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. MIGHAEL P. GAFF_, „-, J NOTARY PUBLIC- r,.1I14NESO , A , HENNEPIN COUNTY 11�'� yy �.�..% hlyCommisal�+ Q"Gyara NOTARY PUBLIC 1•-7 My COMMISSION EXPIRES Page 4 of 4 City of OR,ONO RESOLUTION OF THE CITY COUNCIL NO. 1849 f STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this 12 k day of SC-P-rem6e before me a Notary Public withi and for said county, appeared ,DP - EAU the person(s) described in instrument, and acknowledged his (their) free act and deed. ovor.4al, P. ...... HEN, E� LlQ GAF`_r 4w.4. MY Commns�on ��J C % �1 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) known anti who executed the that he (they) executed NOTARY PUBLIC MY CGI MISSION' EXPIRES , 1985 personally to me to be foregoing the same as On this :5041t- day of 1985, before me a Notary Public within and for said County, personally appeared )c L-yr rT- known to me to be the person(s) described and who executed the foregoing instrument, and acknowledged hat he (they) executed the same as his (their) free act and deed. NOtgRy pU GAFFRC'! s F" MINNE'u- =OUNTy 1110TARY FUBLI MY COMMISSION EXPIRrS r' Certificate of Survey for Bruce wren Homes in Tract A, R.L.S. # 1067 Hennepin County, Minnesota b o Ile a- P-3 P-IV �� V P 8 .� y�z • Ae ,,� �� •r,,, SB 7P• +<< I c„ Ay \ •t-� \ p� �•� ♦ \ ��� SFr N 4 4 o� ,s PRrPDt60 s.??1, 7:s P .co �� -re X P-2 tj 4 � W 0 N c.,vitJ P o Z. �S Date : 1-13-87 `Cale: P = 50, I rcn marker t t City of (_)RONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) PILE #1105 WIIEREAS, Thomas and Joanne Hitch (hereinafter "the applicant") has an interest in the property located at 1180 Lyman Avenue within the City of Orono (hereinafter "City") and legally described as follows: That part of Tract A lying Easterly of the following described line: Beginning at the most Northerly corner of said Tract A; thence Southerly to a point on the south line of said Tract A, distant 120 feet West from .=he Northeast corner of Tract B, and there terminating; all within Registered Land Survey No. 1067, Files of the Registrar of Titles, County of Hennepin, EXCEPT, that part of Tract A, Registered Land Survey Nu. 1067, for road purposes, described as follows: That part of said Tract A lying within the circumference of a c-rc=.c having a radius of 50 feet, the center of said circle being the Northeast corner of Tract B, said registered land survey (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.2F, Subdivision 5 (B) to permit the construction of a new residence on a lot with 65,153 square feet in area instead of the required 87,120 square feet. Minnesota: NOW, TIiEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1105. 2. The property i.s located in the RR-1B Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on Fe;)ruary 17, 1987, and recommended approval of the proposed variance based upon the Following findings: A) This parcel was created prior to the creation of the RR- 3-B zoning district. B) No additional land is available. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. C) No other variances are requested. D) A lot area variance for this property was approved in 1977, again in 1983, and again in 1985. e) There is suitable access to the property. A variance to the requirement for frontage on a public road is appropriate tc; be granted. f) Suitable drainfi_eld sites hi-ve been located on the property. A suitable septic system has been designed for the proposed house. g) The building envelope is adequate for the current zoning district and consistent with surrounding development. The lot meets the 200' width requirement ac measured at the 50' front setback line. h) A quit -claim deed for future right-of-way purposes has been granted over a portion of this property to the City. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existjng 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 sel ,e as a convenience to the applicant, but is necessary to al eviate 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 cf 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, Subdivi- ion 5 (B) to permit the construction of a new residence on a property with 65,153 square feet in area instead of the required 37,120 square feat, and grants a variance to the requirement for frontage on a public road, subject to the following conditions: Page 2 of 4 f. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1. Authorities granted by this variance run with the T-- )erty not with the applicant, but are permissive only and be exercised by applir•ation for a building permit within one of the date of Council 6pproval, or this variance will expire on that date (February 23, 1988). 2. Violation of or nan-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 appli.:ant 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 23rd day of February, 1987. ATTEST: Dorothy M. Hallin, City Cler Property Owncr(s James R. Grabek, Mayor Page 3 of 4 3 iG8 i To: Mayor Grabek and Orono Council Members ff� From: Michael P. Gaffron, Assistant Zoning A16�ii'4�£r��" Date: February 19, 1987 Subject: 1987 Joint Use Dock Licenses The following joint use dock license applications have been received with the appropriate f-�es as of thi.: date: A) NAVARRE COVE HOMEOWNERS ASSOCIATION 2497-2503 Kelly Avenue % Thomas Dahl B) WALTERZ PORT MAINTENANCE & IMPROVEMENT ASSOCIATION Kelly Avenue and Walters Port Lane % Charles Garrity C) SANDY BEACH SHORES 399 .forth Shore Drive % H. Richard Zuckman D) FOXHILL HOMEOWNERS ASSOCIATION Heritage Lane at Shoreline Drive % Owen J. Parr VICTORIA ESTATES HOMEOWNERS ASSOCIATION 560 North Arm Drive % Thomas Mazer F) RHODF./ENLOW/LINDAHL 3155 North Shore Drive % Jack F. P.hode Attached please find a map showing the location -)f each of these Joint Use Docks. The six applications received each indicate no change from previous year's requests. we have had no complaints on any of these joint use docks. You will recall that each of the joint use docks in Orono is a relatively unique situation. In 3 cases (Navarre Cove, Walter's Port, and Victoria Estates) the joint use dock serves multiple riparian properties via a single dock for aesthetics, convenience, and as a control on the number of boats given the physical limitations of the shoreline. In 3 other cases (Foxhill, Forest Arms (G on the map), and Rhode/Enlow/Lindahl) the joint use dock serves specific non -riparian properties historically grantee,.,rights to use of the l akeshore as a result of past City Council actions., Sandy Beach is a single dock serving a number of rental cabins at this former -resort -turned -residential.. Finally, the Minnetonka Power Squadron (I on the map) and the Veterans Camp on Big Island (if on the map) are recreational non-profit joint use docks berefitting their- membership by providing, in general, short-term access to recreational shore facilities. Attached please find the 11�87 license application and a proposed resolution for approval of each of the six joint uses listed above. (Applications from the Veterans Came, Power Squadron, and Forest Arms Homeowners have not yet been received.) Staff recommends approval of these licenses per the attached resolutions. CITY OF ORONO LICENSI; YEAR 19� i P.O. BOX 66 CRYSTAL BAY, MN 5 _ 3 473-7357 (association ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Sectio, 5.42 Date Form�Sent by City Staff�X=�p Date Application Returned to City-r y� Fee Recived $ �Ly' By Employee Section 5.42 Subdivision 2. LICENSE REQUIRED - It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated v_not) to engage or participate in ... joint use (of any lakeshore property) without firs'. having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY FEBRUARY 1 OF THE LICENSE YEAR. ASSOCIATION INFORMATION 1. Association title or. name (if any) /Vl�l•����� ��.'���`''�`s 2 . Lake All -14' Ray 3. Person responsible for this application: J / Zkf Name J117I_ �.� /t" Phone —71 �� Mailing Address 7�1 �f/�> _= 111�X<e ey /k/ Relationship to associatior Page 1 of 5 4: ' Arsoclatior, is (, :heck arlplicsble it.cr.$): unlrcoxlvorotcd horieovrier's 6rou!,. incorporated Homeowner's association.. unincorporated clvb or recreation group. incor:,orated club or recreation group. 5 • Princil al purpose of joint use dock is (check applicable items): provide boat mooring snd lake access for residential property. ._ T rOvide sMi , rr.ir &ccess, beacn, or offshore dock. ` provide n club or asso^iation gethering plece for activities. 6. Dock is located on (check appli.cablc item): oue-.1ber's PrIvate property. _ Cusement or outlot owned in common. _ property leesed by the group/associetion. Xproperty owned b., the group/e.ssociation. 7. List Dock locat'cn and ownership ir:forrmtion: street eddress %7 ` 7J/JC'_? legal property descr{ption [/PLC>T �, i"•'���/ f!/C `1��- 1"tiJti`�"N .117 listed property ov er(s) _ /j� c�ir�".C'�-" C-cfc� Are-e-- 8. Names of abutting lakeshore property owners: (North /West) (Name + Address) (South/East) tt L -,-f/ 7'�y (Name + Ad. res"s) Rd Names of other affected property owners: (Name + Address) (attach sheet if necessary) 2 of 5 7,c .'se.4 f'{+:.. is iIi7'1irnr? b;r 0.'10 f;_ t::e c, i' cwtier's '?o:i:eC.wner'£ -off icy set arpte owned !:o'.J(- . lint the fo:lloui nC inform Lion: �J natne of insured /l// e,,! :lame of insurance carrier 4"T/Vi9 name of insurance il6ency policy no . nS .� " f ��� e f ctive date of coverage tf 211%S`r amount of coverage; Public liability, per person, per occurence $ J-elr? Ctx) Public lf3bility, cer occurence ,$ • r-C-0lCx> 10 • Serurity and _Policing of the jointly used dock and property rty is provided by (check ejcplicable items): fen.ing. + security lighting. ).( property ovnier's presence. contract security service. other (specify) DOCK INFORMATION 11. List Dock Use Area Spec ificatiuns: Width of shoreline; —e2 ft. Lena_,t;: of main doclt from shore, di ft. Dock from side property lines a.. shore; 2n ft. and ?-0 ft. 12. Dock Constructio,. —k epplicable i`e:s): seasonal dock (re_ -1 or re -,)laced each ;;ear). ` permanent Filing with su, el deck. pe7^ranent piling and decking. wooden decking. _ J metal do irn, 13. List Dock accessories: Number of fire extinguishers nveileb=ce et the dock �J Number cf li-fe i,re: ervers available r, ; the dock 14. List number of dips in eech crte,ory ("slims" includes boat Lifts): / Transient (day use ^r_'y) slips � Ti ansient (de;; use) off -shore buoys t "� f'ermnnent moorage siips 1 ermnnent roc rape off-shorebuoys C� Dry storare (rack) sl.ij:s _ i Maximum number of boAts et the dock 15. List number of off-street perkir.e, spices available for users of the join' dock. harking, 'f I-m)v ded dust not be sel,arnted from the dock by any publ_' _ spaces. 7 n i' 16. ne ; s I o'ee Led by (check or •o]J cable i Leir:c; _ stone r i, rap. i.-)c)d sunwal_ mecH_'. : eava? 1. concrete seewel l . �( vross and vegetation only. other (speca.fy) 17 • Depth of water at shoreline is T ft; at 50 ft . out is r at 100 fl:. out is REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock elan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on -land functions are intended, these also shoul' be shown on the plan. P. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-law.. agreement originall ,:•ide in •�_. (state year) and on file with t1v City." Applicant's initials C. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing ._esses and titles of all corporatior officers. 2. statement as to the total number of members i. the club or association. V members. 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorpora'-ion and/or by-laws as originally made or last amended in state year) and on file with the C 4,y . Applicant's initials Paae 4 of 5 D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application fee according to the current. City Fee Schedule. RENEWAL JOINT USE FEE, per year $ 20.00 PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy / slips @ $2..00 each $ TOTAL DUE THIS APPLICATION $ LITE FEE - Renewals Applications for renewal of licenses shall be made no later than February 1 of the license year. The City shal> >t accept renewal license applications received after February 1 '.ess the application is accompanied by a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be revi.ewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL )F THL: LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. - .�I I y�Signed _40.�, Date / / e Paqe 5 of 5 ATTACHMENT B List of names and mailing addresses of all members and/or slipusers. Da rt,,i:-L--L-. --Upho f f f }� i�. /3 A IAI e 2 6-9 4—Ke n y-- Aye n ue ) y �1 % L Q-J- L y Exeelsio ,—MN-- 55331 -XC' <-S'c IVIN. Daniel T. Lindsay 2321 Huntington Point Road E. Wayzata MN 55391 Peter Chow 4920 Colonial Drive Golden Valley, MN 55416 Michael--MrEnanny V 0 MIA-S -24-99--Ye-Ely—Avenue J `f y y lL LL y Excelsior~MN5331 I City of ORC)N O RESOLUTION OF THE CITY COUNCIL NO. RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO NAVARRE COVE HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1987 TO DECE14BER 31, 1987 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq. , to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation. District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navagable waters involves an exercise of police power of the State, LMCD, and +he City of Orono, all of which have adopted rules to ensure to all �- A ---njoyment of the public ric ,!ts and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimen`al to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohihiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owner,.. whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is tr construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all. other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Page 1 of 2 City of ORONO �. .. 'J RESOLUTION OF THE CITY COUNCIL NO. .------- --------- n.i.. I, `.'1:. ,." This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained bar three or more families, which regulations include the annual licensing of Joint Use Docks pursuant '..o Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general. conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted cri Exhibit A attached. Adopted by the City Council. of the City of Orono at their meeting on the 23rd day of February, 1987. ATTEST: Dorothy M. Iiallin, City Clerk James P. Grabek, Mayor P,: q !_:. CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Navarre Cove Homeowners Association Dock Address: 2505 Kelly Avenue Agent: Tom Dahl Address: 2499 Kelly Avenue, Excelsior, MN 55331 Licensee is: unincorporated homeowner's group XX incorporated homeowner's association unincorporated club or recreation group incorporated club or recreation grou.-. other License Period - January 1, 1987 to December 31, 1987 II. BOAT DENSITY The number of in -place boat slips, lifts and buoys shall not exceed the number shown on the attached plan, Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorizes: Boat Density per attached plan: Bay Carman Transient (Day use only) Slips 0 Permanent Moorage Slips 6 Boat Lifts 0 Sub -Total: Slips at Dock 6 Offshore Buoys 0 Maximum Boats in Water 6 Maximum Boats per prior license same MAXIMUM BOAT DENSITY 6 Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subj(-ct to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior revi.aw and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. "NONE" V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. Gv080 go gay-»1,4 �jct+r QlT' g 19 P5'7 PLAtJ fZ t'r S ©L. . f1/D . CITY U. ORONO CENSE P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 association ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Coda Section 5.42 YEAR 19 rs Date Form Sent by City Staff �2 - -�C�o Date Application Returned to City Fee Recivcd $ JC7-- By Employee -/*'-"4 ! _ Section 5.42 Subdivision 2. LICENSE REQUIRED - It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated cr not) to engage or participate in ... joint use (of any lakeshore property) without first having obtained a license therefor from the City. PLEASE COMPLETE ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK EY FEBRUARY 1 OF THE LICENSE YEAR. ASSOCIATION INFORMATION 1. Association title or name (if any) otl 0?s euI4 . t4,-x*o 0 4-t47?J %-%>N. 2. Lake 0 ty Bay IF C PN f?* V-4 --. S. 3. Person responsible for this application: Name , I. ,��1 ,�'� Phone c - Vyl- wCG Mailing Addre Relationship to association>" Page 1 of 5 4. Association is (check at-lienb]e it.ets): uni.rcozTrratcd homeor-ner's grou.i. incorporated Homeoi-mer's Association. _ unincorporated club or recreation group. _ incorporated club or recreation group. 5. Principal purpose of joint use dock is (check a-plicab].e items): 1 provide boat mooring and lake access for. residential property. — provide svinuning access, beach, or offshore dock. _ provide a club or association gathering place for activities. 6. Dock is located on (check applicable item): or,e member's private property. Leasement or outlot owned in common. _ property leesed by the group/essocietio.n.. _ property owned by the group/e.ssociation. 7. List Dock location and ownersaip information: street eduress legal ,pro; er;,y description PID # listed property o•• 8. Names of abutting likeshor.e property owners: (North/West)t� 1 ',•c-�� (Name: + Address) South/East)----- Ore__=��. _ 7 \;.;`• .,r_, /'. /±T.E (Name + Address) Names of other affected pror -rty owners: �'�(Name + F,ddres:;) ^ (attach sheet if necessary) 2 of' 5 (�O `nmir,2� Ono (,f Lx c,: Ast the folllov'n­ inl'orm;il..ion: U name of Insured name of insurance carrier name of insurance v6ency 1c J; 4, policy no. 410,A1- JUu 1-U i effective date of coverage U, emount of coverage; Public rer person, per occurence $ Fubl,'c If.ribility, rer occurence Y+ I ;^^- , 10. Sect)-rity wid policing of the jointly used dock and Tprwperty is provided (check eppliceble items) f enc. 'In security li(Lhting. pro-rerty ovaer's presence. contract securit., service. oth,_­, 07pecif�,,' DOCK iNKIRMATION 1 7 �+ Do I- " 11 C 4' t is1. %_ 5e rea 1)ecj �CM..LLjns: �_ay .11 W.-AAtri of shorei,.ne; ft. 7,enwth of main dock fxnm shore; ft. Dock setbacrzs from side prcjeriu-y lines at shore; ft- anj ft. 12. Dock Construction (check applicable -items): seasonal dock (relocnted or replaced each year). r,ermanent pilinC, wit'i seasonal deck. permanent pilinZ; x7.nd dt,:ckinL,-. wooden deckinC. metal 13. List D-)ck Accessories: Nwriber cf fire extinCuLshers at t`ie dcck Nwi:ber of irf?,,;ervers nvriilri%;_Ic V. e ch:,O: 19 List nlimt-er of _> ilr. er:-!; includes boat lifts): Transient (d;iy use on-),') TranEiunt(dity use) off,hore buo,­s Fermnnent, !',ry storage (rack) 61.1ps 1crwinent ,,i)urrice off -shore but-Yr, Maximiim ,urT.1r,!Y- of beats at the docK 15. Lirt nurn"ber of off-street pr.rKini-. nvailabl_(- fcr users of the Joint uee clock. 1'nrkint,, If providel rnai3t ric-A be ve,�nrste,. 4'r,,M the dock by eny public I -i � rued. v Spaces. 3 of AND 16 . 3ijor a3.3 ne : n p,, ,ec Led JL-2 (ci.eck sl.z i. i .o":e : i C%' done rip rop. _ . )cad senwril. -. 1.�• me il -:' seHwaI concrete seewelI. g :ss and veCetai,ion only. other (specLiy) 17• Depth of Water at shoreline is ft; at 50 ft. o"t is fv ck-; at 300 ft.. out is rYt`t REQUIRED ATTT„'::MENTS The following must accompany this -appl _-ation: A. JC1 K PLAN - ALL APPLICATIONS (I � 6 � 4,t,,. ,,, , to . A t'ock plan, drawn to scale, showing the shoreline - of this property, the side .property lines and the location, layout and dime,.._ons of 11 docks, slips and buoys. If off-street parking, dry storage or other cn-land functions ar.: intended, these also should be shown on the pl;.a. A D. ,1 INCORPORATED GROUPS OR ASSOCIATIONS t ry A X,,, ib _� 1. A list of the names and mailing addres_ of ail mex! _rs end'/or s:ip users. 2. A cc. tified copy of the L•-laws or ag-c `cr joint use. Note- This cow, is nct required if the applicant i certifies the following - ,;!. "This ij a renewal applica o. - mint use dock is to be op•trated under the same by-laws or agreement ori, made in (s ate year) and on file with the City. Applicant's initials J ` C INCORPORATED CLUBS UR ASSOCIATIONS 1. A list if the names, mailing a' F .Df all corporation officers. A statc_ment r,s to the total in the club or assc�iation. members. 3. ? orti!i,•' y , ' the artic, �,,--rati•-)n --,c; b� l.a• t:ir: corporation. 'cut _ zese _ )pi-s are not recr.._ t a:c :f h­ a plic•.. _ 4:1itia d certifies the •.ing ritc•mc it: "Th4 :, is a renewal- application and our joint use dock is to be operated ender the same articles of incorgora,ion and/or by-laws as -_iginally made o- last amended i`tate ,ear) and on file with the City." — . _ _.____ __.. Appli anr's ' ,itials Paae 4 f '; D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Lock License Application fee according to the current City Fee Schedule. RENEWAL JOINT USE i'EE, pe:. year PLUS SLIP FEE for each permanent moorage slip,.lift, dry stack, or buoy __ _slips @ $2.00 each TOTAL DUE THIS APPLICATION LATE FEE - Rer-wa l s $ 20.00 Applications I— renewal of lic -es shall be made no lat%r tnan February 1 of ie license yezr. she City shall not accept renewal license applications received after February 1 unless the ajFplication is accompanied by a late fee of $25.00. ZIP OCEDURE n a complete ap- licat_ion is received, the application will be ,viewed by the C ty Co c,il and, in the c..je of new or unusual applications, also by ti- Planning Commission. and Mazina Committee. The -ncil will pass upon the application after complete review. HE SUBJECT DOCK kA,. BF INST:,LLFD AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY Th' CITY COUNCIL. Pursuant to Secti 5.42 of the "rono Municipal :---e, the applicant hereby requests th, ')rono City Cr)Linc-i to review this Joint Us Dock License Application nd agrees and a horizes --he City of Orono and the City' s employ- and agents to c.-,ter pi ". the property at any reasonable time t urform safety :a^' code compliance inspections. S igned 'L` i - - - - -Dater _ . _— J L.A. `oo N (o �Tt.-oT 3- 0 o�K L.Ry ouT. •-- - --=-------=-. .:).0 C t" ► P R :a-� A LeT u, i 390.Z� 6UT-,Z Cy�4r t y i W � ---------------------- sb LLDr I - 3 • FtOT l 9IA - '•�i aPs.•L VALTER' S PORT (North) s - ' • _; -._.. - _ - _ _ _ .. ....� �-Orl (ILI i subject to Order Of 4-25-84 ' • LnT Z �L IL t" •t t o t A*J o Jpl y `a. ♦ o� 9g� _ s F A qT o F `ve �. e, k gc. * �. ti S\ f�) Cvt- Z- �L L -------------- IL i OA- c// y7/-�06 y C/A►a„tx, G;,Vv Y� 27vI �� �`e ��7/—c'Lcy 00 l 2N L/ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. RESOLUTIOU DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE; TO WALTER'S PORT I-1AINTENANCE & IMPROVEMENT ASSOCIATION SUBJECT TO CONDITIONS (VOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1987 TO DECEMBER 31, 1987 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and oLl+ :n,_ mbers of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the prima:Y harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of _he State, LMCD, and the City of Orono, all of which have adopted rules -to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and 4:dEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interferer,cr• with the public waters adjoining their property. The LMCD, DNR and City of Orono must iulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners. whether or not they be commercial marinas or residential owners; WH:..EAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have ovf-r the public generally is to construct: one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka fur all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Page 1 of 2 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. This mutual rirht of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capabl.e'of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the 1= mi_ted riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding �-he construction and use of lakeshore and deck facilities when such faci T].ties are used and maintained by three or more families, which ,gulations include the annual licensing of Joint Use Docks Dursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE 1T RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue Joint Use Dock Lic(-nse according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono 3t their meeting on the 23rd day of. February, 1987. ATTEST: Dorothy M. Hallin, City Clerk James P. Grabek, Mayor Page 2 of CITY OF ORONO EXHIBIT A RESOLUTION NO. _ CONDITIONS OF ISSUANCE FOR ANNUAL, JOINT USE DOCK LICENSE I. LICENSEE: Walter's Port Maintenance & Improvement Association Dock Address: 2699/2701 Kelly Avenue Agent: Charles E. Garrity Address: 2701 Kelly Avenue, Excelsior, MN 55331 Licensee is: XX unincorporated homeowner's jF incorporated home :vner's assoc-ation unincorporated ci_ub or recreation group incorporated club or recreation group other License Period - January 1., 1987 to December 31, 1987 II. BOAT DENSITY The number of in -place boat slips, lifts ane.. buoys shall not exceed the number shown on the attached plan, Exhib::t B, and in accozdance with Resolution 938, in no case shall the number of authorized goat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Carman Transient (Day use only) Slips 0 Permanent Moorage Slips 5 Boat Lifts 0 Sub -Total: Slips at Dock __0 Offshore Buoys 0 Maximum BoatF in Water 5 Maximum Boats per prior license 5 MAXIMUM BOAT DENSITY 5 Exh.i bit A Resolution No. Page 2 Excet;d-i -3 this maximu n hoar densi t.y, or exceeding the number of permitted slips, lifts or t.aoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exh bit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these cony is if� cause for license revocation and/or prosecution by the City 1. Variances granted for 1987: a) West property line (extension of west line of Lot 2, Block 2, Walter's Port) - 10' r(-quired, zero setback proposed b) Southeast property line (extension of southeast _line of Outlot 2, Walter's Port) �ired, zero setback proposed 2. The five slips are approved for properties located in the 1)lat of Walter' S'ip 1 - Lot 2, Block 2 Slin 2 - Lot 2, Block 2 Slip 3 - Lot 1, Block 2 Slip 4 - T,ot 1, Block 1 Slip 5 - Lot 5, Block 3 (par* f Lot use by the following s Port: 1, Carman Bay Heights) 3. City must be notified immediately of any change it use or configuration of the dock. 4. All beats permanently moored at this joint- use dock must be registered to the applicant property owners. 5. Lot 5, Block -� (part of Lot i, Carman Bay Heights) is allowed four boats maximum (1 of lagoon, ; at outer Lakeshore). V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premise:; in a manner permitted by this rc�oll:tion, but the use of Lake Minnetonka and the premises C1' 1 r-main st&ject to s-ich regulations and ordinances as City r other -nmpctent regulatory authorities shall deem necessary from time t _ t iwq-, ir, the public interest. RL•'SOLUTION A t �000 M (ovTt-oT 3� o�K y ou� T ------------ RIP RAP MARS A�FA Lot • Ovfi�o� 3 , �"`, I ( N • .f ►i z LA Lori IZT l - ��� . LA WALTER' S PORT (North) : subject to Order of 4-25-54 W N C4voF� �. or Q. P a qT CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 v tt•. association) ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 LICENSE YEAR 19 P) /7 Date Form Sent by City Staff A? Date Applicat'Dn Returned to City %- ?�7 _ Fee Recived $ ram, By Employee �� Section 5.42 Subdivision 2. LICENSE REQUIRED - It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or riot) to engage or participate in ... joint use (of any lakeshorc 3roperty) without first having of fined a license therefor from the City. PLEASE COMPLETE ALL ITEMS ANI) SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY FEBRUARY 1 OF THE LICENSE YEAR. ASSOCIATIC,N INFORMATION 1. Association title or name (if any) 11 11�, �C�\I V3 Zu0<'n-N3f1 2. Lake li\�\, Pay !A[rv-\ �7_l�4 ?. Persun responsible `his application: Name 1�_,�,,:�a� .1 ����.n�r� --- PhoneN Mailing Address �L1 1;u���t f�vL �� li����� (Yt� S�`iL j Relationship to association Page I of 5 4. Ae.sot:intior. i!' (,_r,e,ck :ar,plicnblc unircorl cratcd norreov-ner's grou_). incorr>or0'.ed HomevMri;er's Association. imincoruorated club or recreation group. incorporated club or recreation group. 5. 1=rinciral purpose of joint uGe dock is (check applicable items): provide boat mooring and lake access for residential property. x,rovi,le swi.iimin6 vccess, beech, or offsnore doer.. _ prov-.de n club of sou,_ on 6ethering plece for activities. 6. Dock is located an (check applicable item): �.ova--- Pee4er's :>rivate property. casement or oL 'ot o,,med in con.non. _ property leased by the g,rou_ associetion. _ I,roperty o ncd by the group/essoci etion. 7. List Jock Location and ow-nersair, information: street cddress .,,, t N� i �_ Or l .property descriat fop _I i,y�-t�2,�.�(`Irj• C1 1:�-=k 77 Iv.w C�tr•2rc�,�,c 1� f acl;..ec� ►ate,�.'� P �. _ `it .S �JF w . •. �_ , . �4. ,S t# t `.�I :s: fv .w t`c�1�� `.>, listed -property ou er(s) ,Q,A, .�rA �, c�..., •,� B. Names of abutting lakeshore property owners: (North/West).tC'r, h.� v` (Name + Address) (South/East) o_� �lr ,�. ► _ '�1 �c t ��t i �1�. ��__� (Name + Address) Names of other affected property owners: Name + Addre s)___ (attach sheet it ne..,essl .-y) 2 of 5 �s sc.i f?... 1,s �ItSiliT'^ !.';Y Ono of L.-C. i'. . el.ti T: r ._T'1:' ,/nr.r:o(--]: :)c,!i cvned ti, 1cy. t the f ).110W.1n i'.L'or:'ra'Aon: LL nd;,ie of ns gyred _ �� �2 , 7 �. t_t��v�2 ► 1 - — 1 ' :game of irisurnnc rier _ �C� .. �� �;���tr! ��•. , (, name of insurnnee - .dr.cy lc� ��.- (y i�c } policy nc,. _ Pffective date of coverage I L amount; of coveraj e; r -, a;,il`_ ,,r, t'sr ;.ernan, per occurence $ Fub1. c 1faoili`•y, :er occurence i,C'c)CI 10• SeciLril.y ar.d r_'olic•ing of the 1oir_tly use, dock and nrouerty is i?rovided c; (check e;)nliceble items): _ fencing. �j( securii y 1.i,_,h;,ing. ! :)perty oFmer's presence. contract :ecuritl service. o''^_" (spec fy: J DOCK IN KRHATION I. List Dock Use Area Spec ificrtiunt Nidt.n of shore'?.net _J� f'z;. 1,ErKtf: of u.'ai:l doc;c frr,1;a shore; ft. Deck setbacks from side property lines at snore; L ft. and �,(. _ ft. 12. Dock Construction (chec_-. a ppl.icable i :em.$): seasonal dock (Tvlocr:ted or rP_.,'accd each year). -- rerr.rsnert I i `n� �H ;;:,;. 1 3eck. permanet:t ;,i1_ir►6 and decking-. vocden deci.int;. - is ; 13. Lis Dock Accessories: Number of fire extinGuishers a. :e e' the dock Nur:ber " life rrraervers avt ilt e et tt.! dock _ 3 14. List number of ir^ '. e'.h ce'.e�c: ("r11Is" in^:odes b..r f-.$): Tiansient (da;' )"y) silks Transient(dey use) cif-shc._ buoys Fc .nenent moorage . '),,s moot off-shc. uovs 0 Dry storage (rack) clips _�� _ Maximum r.urher c. b!)r+a , -he is List number of off-street j'e.Ktr4' Fir'' cs avai]e;..,•_ for users of the joint 'be dock. Fsrk'lig, 4f 1,rovided mast not be separn : frvc the uo: by any pub 'C rved. _1I M;,airs. > >r 5 l fi , ;;noi alJ ne l; tec tcri b r (c4:ec, e; "'ii cab.: e ; stunc r 4 1, ral,. uwx)d seaway .. ,,.ei;al seavaI 1. i concrete seNwel ] . _ f;rass and vegetation only. Other (spec-.11y) c►:1'li� .c -1 �~ 17. Depth of water at shoreline is l _ ft; at 50 ft.. out is at 100 f�.. out is 1� REQUIRED ATTACHMENTS The following muss ccompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on -land functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members ar.:',' r slip users. 2. A certified copy of the by-laws or agreement for joint use This copy is not required if the applicant initials and certifl following statement: "Thies is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in i� C (state year) and on file with the City." Applicant's initials C. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. A .statement as to the tots]. number cf members in the club or association. members. 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in _ _(state year) and on file with the City." Al, 'scant' initial!, Pace 4 •>f D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application fee according to the current City Fee Schedule. RENEWAL JOINT USE FEE, per year $ 20.00 PLUS SL-P FEE fnr each permanent moorage slip, lift, dry stack, or buoy _slips @ $2.00 each YJ ;',CCU TOTAL DUE THIS APPLICATION $ C) LATE FEE - Renewals Applications for renewal of licenses shall be made no later than February 1 of the license year. The City shall not accept renewal license applications received after February 1 unless the application is accompanied b� a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Cor-inittee. The Council will pass upon the application after complete review. THE .'JBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APP: "AL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to r.ection 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Oronc and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. I'aye `i r,f m 0 3461 .35 1"j-10 , Cite of ORONO RESOLUTION OF THE CITY COUNCIL M RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO SANDY BEACH PLACE SUBJECT TO CONDITIONS NOTED HEREIN VOR THE PERIOD OF JANUARY 1, 1987 TO DECEMBER 31, 1987 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibi_'.ity under tinnesota Statutes, State Statute 412., et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and ether members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; an3 WHEREAS, the regulation of the navagable waters involves an exercise of police power of the State, I,MCD, and the City of Orono, all of which have adopted rules to ensure to all equal crijoyment of the public rights and equal protection from activity on or near the public waters and on the land within the C, 4- which, if unregulated, may be detrimental to the public health, sa ety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including thnsp who assert the commonlaw rights of riparian owners, whether or not they he commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a. mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any .riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that toe public generally and each riparian owner to. i,ake Minnetonka has they right to use the entire surface area of Lake Minnetonka for all suitable purposes; in common with al 1 other riparian owners. This right is a right not only to moinhors of they public but the right to each riparian owner. 13a(3e 1 of 2) City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. This mutual right of enjoyment which is shared by riparian owners and the publiL, generally includes the recreational benefits of the take such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such .a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which reaulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general condition and concerns and the following special conditions as they relate L-c �n application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, HE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting an the ?srd day of February, 1987. ATTEST: Dorothy M. fiallin, City Clerk ;lames R. Grabek, Mayor �Iq„ > ,f- CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Sandy Beach Place Dock Address: 3995 ?forth Shore Drive Agent: H. Richard 7uckman Address: 1819 Dupont Avenue South, Minneapolis, MN 55403 License Period - January 1, 1987 to December 31, 1987 ! I . BOAT DENSITY The number of in -place boat slips, lifts and buoys shall not exceed the number shown on the attached plan, Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay West Arm Transient (Day use only) Slips 0___,_ Permanent Moorage Slips 7 Boat Lifts 0 Sub -Total: Slips at Dock 7 Offshore Buoys _ 0 Maximum Boats in Water 7 Maximum Boats per prior license 7 MAXIMUM BOAT DENSITY 7 Exhibit A Resolution No. Page 2 /' Exceeding this maximum boat density, or exceeding the numr?::r of permitted slips, lifts or buoys is a violation of this license subject. to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT ft The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. The seven approved slips are for the exclusive use of the residents/renters of Sandy Beach Shores. 2. City will require written approval from abutting and affected property owners for each annual license review. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall de(.n necessary from time to time in the public interest. _Ix I I I I I I I I I I I I I � I ( I I I CITY OF ORONO I1.0. BOX 66 CRYSTAL BAY, MN 55323 473-7357 (association) _ ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 LICENSE YEAR 19 !l Date Form Sent by City Staff Date Application Returned to City fZ- O - ,4 // e57 Fee Recived $ L / `ry By Employee � 9^• Section 5.4- Subdivision 2. LICENSE REQUIRED - It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) wi4out first ha,ing obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TC THE CITY CLERK BY FEBRUARY 1 OF THE LICENSE YEAR. ASSOCIATION INFORMATION 1 - A,esneiat inn title or name (if anv))0:0A>I' M! C'c 1 �i'i �`%'�'>�OT�.►,, 2. Lake h// f r k •J Bav ` /y r Ai 3. Person responsible for this app. __Ation: Name' k• « A� 1, , Phone/ ni Mailing Address / �, ,, �, . a.. r --�,• /�,',,; ) S %/ Relationship to association �n Page 1 of 5 WC )1. Associat;or. is (check ar-pl.ic. ble itcrr.$): unircorl,rrotcd homeovner's-rou.). incorport:ted Home wrner's Association. — unincorporeted club or recreation group. incorporated club or recreation grout,. 5. Prirciral purpose of joint use dock is (check er-plicable items): xprovide boat moorin6 and lake access for residential- propertlii*. Crovide swimminE t:ccess, beach, or offshore dock. urovide n club or essocietion gethering plece for activities. 6. Dock is located on (check applicable item): ` one member's _private property. easement or outl.ot owned in common. _ property leesed by the grou_p/essocietion. _ property owned b;; the group/essocietion. 7. List Dock location and ownership information: street eddress legal property description PID # IiSted rc,,erty ::krer(s) S. Names of abutting Lakeshore property awwrot (North/West) S A/A-)(`),IrA!- Q/' Name + Ad ress) r1�T w � South/East� ' L/�L- /� l L.!'/.. �/d�' -'�'r l,.�E !�. /�s.4a (Name + A ress) Names of other affected property owners: ( ' _ awe + A ress) (attach sheet if necessary) 2 of 5 J. JeI V - m„r, . : i�,t ..hc foa.]ow.�nf; ia!'ur:r.,i1Acm: i narne of insured came of irisuranee carrier name of insurance nrency policy no. C 7 % � ( effective dAt.e of coverage Rmcunt of eovernge; Public lie:.il' , pr ,rson, Fer occ:urence S ' ubl'c l:.'ibil.ity, .e2 .urence - lU Secltrity acid rolicfng o:' tie joirtl;; sec dock erd ;.rorert�� is ; ; ,vided by (check enpliceble items): fencing. >\ security lig":tine. _ property oFmer's presence. cOntract securit' ,ervice. Ot_ne2' (specify; DOCK II' K-41ATION 11. List .3ock Use Area Spec if`.crltiL'ns: ilidt.n of s7arel'.ne; ft,- Le-nath of ma-'., dock fmi,1 :bore; i ft. Dock setl'aces from side pr)pert-y lilies aL shore: ft. and 12. Deck Construction (check applicable :+ems): a. _ seasonal mock (.vioceted cr rep -aced each year). ____ rennPnent Riling with see.;cne-. e.,ck. � pemane::t pilir4 and decking;. `<__ wooden decking. met.el 1i,ackir.;; 13 Lis' Dock Accessor4t:,: Number of fire extinguishers svc1leb,e at the doc''w v r Number of life preservers available Pt the dock A' 7 s 14• Llst number of sl:; in each cetel;ory ("slips" includes boat lifts): TranRient (day ure only) slips Transient(day use) off -shore buoys f'ermnent moorage s. i;'e Dry storeRe ; rack) s 1 i rs Permanent morree vff-Rhore buoys Maximum r.urber of boats at the dock 15• l.fst number of off-street j4ming spaces available fcr users of the joint use dock. I,Prking, If provided must not be separated from the dock by any public mod. - spaces. 3 of .. 11ATT0` CCI-71Wli 16, .A, .1 s 4,.Y�LecLc:i L� (ci.ecE: e;•i�1ScFaU':e N etonc r1zu rah,. V,od eenwa] u;eLFJ?. se,"WO-1. concrete seNw•f]1. _ gross and Vegetation only. other (specify) 17• Depth of water at shoreline is _L- ft; at 50 ft. out is at 100 fc,. out is c REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on -land functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR iiSSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in (E.tato year) and on file with the City." ; t_ /C413 Applicant's initials C. INCORPORATED CLUBS OR ASSO''IAIIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. 11 statement as to the total number of members in the :lub or association. �[� members. 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in < < (state year) and on file with the yity." t l Applicant's initials 4 of 5 1). ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application fee according to the current City Fee Schedule. RENEWAL JOINT USE FEE, per year $ 20.00 PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy ! slips @ $2.00 each $ ` d c TOTAL DUE THIS APPLICATION $ LATE FEE - Renewals Applications for renewal of licenses shall be made no later than February 1 of the license year. The City shall not accept renewal. license applications received after February 1 unle.s the application is accompanied by a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Sectior 5.42 of t'.e Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed (,�' Date(- I 6'r L---Tt-�FT- Z� -~ E-E-L S�vNDt.rz F� rZZ ✓!I h.J K�r ok)Iil_L b(-)LL City of ORUNO RESOLUTION OF THE CITY COUNCIL NO. RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOXHILL HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS 140TED HEREIN FOR THE PERIOD OF JANUARY 1, 1987 TO DECE.%1BER 31, 1987 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq, and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navagable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public eaters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfiltheir trusteeship over the public waters by protecting against int ��-rence by anyone, including those who assert the commonlaw rights of iparian owners, whether or not: they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the p, lie generally it; to construct one dock to the navigable depth of the public waters. There can be no dispute but. that the public generally and each r.i par � an owner to Lake Minnetonka has the right to use the entire surface area of bake Minnetonka for all suitable purposes in common with iil l other riparian owners. This right is a right not. only to memhers of the piihl is but the right to each riparian ownc,r. City of ORON(--) RESOLUTION OF THE CITY COUNCIL NO. This mutual right of enjoyment which is shared by riparian owners and the public genera'ly includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 23rd day of February, 198',. James R. Grabek, Mayor ATTEST: Dorothy M. Halli.n, City Clerk CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Foxhill Homeowners Association Dock Address: 180.1 Shoreline Drive Agent: Owen A. Parr Address: 1190 Heritage Lane, Wayzata, MN 55391 Licensee is: unincorporated homeowner's group XX incorporated homeowner's association unincorporated club or r�creati.on group incorporated club or recreation group other License Period - January 1., 1987 to December 31, 1987 II. BOAT DENSITY The number of in -place boat slips, lifts and buoys shall not exceed the number shown on the attached plan, Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, l.iftF•, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Smith's Transient (Day use only) Slips 0 Permanent Moorage Slips 13 Boat Lifts 0 Sub -Total: Slips at Dock 13 Offshore Buoys 0 Maximum Boats in Water 13 Maximum Boats per prior license _13 MAXIMUM BOAT DENSITY ] Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The iEsuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. The maximum number of slips or moorings to be licensed in the future shall not exceed 16 provided that for any given year, the license shall. be issued for no more than 1 boat per residence in the Foxhill Subdivision according to the findings set forth in the Resolution 1042 adopted by the City Council of the City of Orono on the 12th day of June, 1979. 2. Winter storage of dock parts and sections shall be permitted on Outlot #1 between the time the dock is removed from the lake in the fall and June lst of the following year. V. Nothing in this license shall confer upon, any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall. remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time �n the public interest. ►.lk w CL oCt r I Lu ` co r - O- z Z a p y 7- 3 I . 54 p CD 0 0 /N . 19 t Fr rrtA IL .' 00't� t�l CO_ CD - - --� �' CO m :' - w ,•••I N • V CO fly • •'Il N rr ►Qi a a uCIDIN LIZ Y �� N Jj _ •^ to •' 1 C 1 E taxi i i �_C.. coC t� C. �,�ic�I; G _ � �, % 1`ri , J-.a-c...� tr+.;� 1 .1,p�ic�'L-r�� ? -r'Jr � / i,.<�C�G�I'j'- �3 ,��Ps CITY OF ORONO LICENSE YEAR 19 �' P.O. BOX 66 f7l` CRYSTAL BAY, MN 55323 473-•7357 (association) _..._- ____.._.._ _._.._- -__._. ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff Date Application Returned to City Fee Recived $ By Employee F-e P-� * 4-02U Section 5.42 Subdivision 2. LICENSE REQUIRED - It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY FEBRUARY 1 OF THE LICENSE YEAR. ASSOCIATION INFORMATION 1. Association title or name (if any) Vr--fbrL,i► H0ft& &WV-S "49A. 2. Lake- Bay_ Bay— A -Ut-t Parson responsible for this application: Namc,(�c�Ke.. t'�_ {,a L .r.. Phone C-1 l Z - 7'tty Ma i i incY; llddre: s, p 1< Re1.atinnshi.p to association c6SIul.,I.-.____ Page 1 of 5 )i. Ar.socir+tior. it (%:i,eck ar.;,i.ierab.lc it.ems). unircori (�ratcd ao'!icrorner's Grou!i. ✓ incorporuted Hor"euurer's Association. _ unincorporated club or recreetion group. incorporated club or recreation group. 5. Princi�i,al purpose of joint 1 e dock is (check e: pl.icable items): _Vncprovide boot mooring and '.ake access for residential property. provide swimmiriE, vccess, beach, or offsrore dock. _ urcvide a club or essocietion gethering, plece for activities. 5. Dock is located on (check applicable item): _ on members _private property - easement or outl.ot ovmea in common. property leesed by the grroup/ess^cietion. nmpert.oned by the gupro/essocietion. 7. List Dock location and ownership infomr atfon: street eddress _SqO Age) lT(.} legal property descri ration PID # ii6T.Pd j)iUrerty nhT.@r(5,.r �,/`1 �l±�iC /Juui CC � j 1 I�GArLI.J 1 /fir Away eAT,,,4 _ B. Names of abutting 'Lakeshore property owners: (North/West) /j LOfi (Name + Address) South/East) 14,1t'(%Ar_ _ —(Name + Address) Names of other effected property owners: Name + Address) (attac}1 sheet if nccr_ssary) 2 c, t• 5 9. �.:. �• .... �!'. .. V(1: Y' .. n''•f. �! ..:i�. �� .'SF,,i ('('�". .. .., iliilir�. .. 1t C'i,: (:. (.:: C. _ -. l�l.:. _ 11 er'., cwner'r 10• 1/ rote ..�i :f.. .,llc fo:!.1o�;i��• i:l_''u:�....';i_an: naive of insured V/4-", ,^. &c 4 _- Name of ir.surence c..rrier name of i nsurs-ince v6ency POLIO(-- I k) i policy no. y-_ X3- ` C, f j -6, effective date of coverage Uc"a.- Ir tFS_ amoluit or covel'af;e; ; ublic lie: il` ,;,�, r �r r crson, Fer occurence $ Stu) 1,k Fubllc 1'.nbility, ce. occurence $ Sz>c� r•. Securi f:y ar.d l:olicirg of the Jointl;; usei ck and _ roverty is 1- r-ovided 'ry (check epplicpb:ie items) - fencing. security 1_i=r:tinv. �px-oppertyowner'£> presence. g• Y L contract securit.,, service. oth,»• (specify) DOCK INTKRW,T70:; 11 • List Dock Use Area Spec i ff eativns: Ao <GWA-A,7G f, Width o" shoreline; /G,r `-i f'L. Lenw.t of main dcc froi:; shore; ? 70­r• ft. Dock setbacks from n1de property lines at shore; Olf'C" ft. and %"�? _ ft. 12. Dock Constr_icticr: (check applicable r seasonal does (relocated c: rer>iaccd v ch year- / penrnnEnt pilirC with senscnel deck. V permanent pil.ini, and decking. wooden decking;. metel dect_ir:L, 13, List D.)ck Accessories: Number of fire extinguis} ,_ ,..i Ili 'r _,: r..;, ,:,e docK U Nu^:ber of life : reserver: ra_ 1(;b:! e . tt e dock �) 14. L,st number W, i; 7 in eu -. r£ tr. _ ? s' 1-_ .''P�, !:a r+t. :.ifts } Transient (dal; use only) s1 rf } e:•:r� vent t*'��:•r�.�e . i j r � DIy t;tcrar a (ruck) r"• i.1 j'.: Tz;,n!,i( nt(de'• a e) off -shore buoys r;:^tle'lt rxll.r1;_.e off -shore buoys ti;':X SILT, riu,:t'er ('f' bnatr at the dock i.i.l.t ntt(nLer ofC/ff-siT'eet. {^.Tr,',.e (-(t?%.t'ci ,V,:ii:able f',-r {!fie^f Ui i...� �llilt u'e dock. Ynrkln.r,, If' ! nivi,ie-! r i, w i. 1"' :.•e:":•)n` i;1P. doc!: I,Y any puoli� nlnd . - 0 r.,,•lces . 3 u 1' 5 1�i, iUUr�`i ,le 6 proLeeLed U' (G.eck t➢.•i6Act-tole iGe%s): fj6 c",jiv stone rip rep. wood scawa3. [Ik:tljl Se%3Wall. conc2'e.te seawall. brass and vegetation only. other (spec:l.fy) 17. Depth of water at shoreline is ft; at 50 ft. ,ut is a'. 3.00 fi:. oi:t is ,2- REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A deck plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on -land fc -ions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in 1178' Mate year) and on file with the City." Applicant's initials C. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association. members. 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note:: 'These copies are not required if the applicant initials and certifies the following statement: "This is a re.nowal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in (`((state year) and on file w1th the sc�� {�ilk,_ Arnplicarit's initial!; P000 4 c: D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application fee according to the current City Fee Schedule. RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy _slips @ $2.00 each $ 20.00 TOTAL DUE THIS APPLICATIC S 1 7—ily LATE FEE - Renewals Applications for renewal of licenses shall be made no later than February 1 of the license year. The City shall not accept renewal license applications received after February 1 unless the application is accompanied by a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT D(jCK MAY BE INSTALLED AND,'OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 rf the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the Cit.y's employees and agents to enter upon the property at any reasonab � to perform safety and code compliance ,nspections. Signed Date - & — ��� S i g 11 "-C-2-L L1--'1 P Irle, c) of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO VICTORIA ESTATES HOMEOL-HvERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1987 TO DECEMBER 31, 1987 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Crono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navagable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unre4ulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMC'.;, and the City of Orono regulate the property rights of the ripari_n owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREA.>, as to Lake Minnetonka, a mutual r-ight of enjoyment exists between and is shared by riparian own::rs and the public generally, no one riparian owner has exclusive privileges over Lake [Minnetonka. Thc- only additional private Tight that any riparian owner may have over the pul.A 7 c ge'ncra 1 1 y it, to construct one dock to '-he navigable depth of the pu27lic waters. There can be no dispute but that:. the public generally and each riparian owner to Lake Minnetonka has the right to use the cntir,, ;urf;Ice aroa of Lake Minnetonka for Z111 suitrIIDIC purposes in commcn with all other riparian owners. This right is a right. not only to rii-mi,<°rr; of the public hilt the right to each T iparian own{-. Fo(yd ' l of City of ORON( RESOLUTION OF THE CITY COUNC-L NO. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities arc used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the farts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 23ra day of Februaiy, 1987. James R. Grabek, Mayor ATTE: Dorothy M. Hallin, City CIE--r CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL• JOINT USE DOCK LICENSE I. LICENSEE: Victoria Estates Homeowners Association Dock Address: 540 North Arm Drive Agent: Thomas D. Mazer Address: 560 North Arm Drive, Mound, MN 55364 Licensee is: _ unincorporated homeowner's group XX incorporated homeowner's assoc.iat_.on unincorporated club or recreation group incorporated club or recreation group other License Period - January 1, 1987 to December 31, 1987 II. BOAT DENSITY The number of in-p 1 ace boat s 1 ips, 1 i f t s and buoys sha 1 1 not exceed the number shown on the attached plan, Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay North Arm Transient (Day use only) Slips 0 Permanent Moorage Slips _ 6 Boat Lifts 0 Sub -Total: Slips at Dock --0 Offshore Buoys 0 Maximum Boats in Water 6 Maximum Boats per F)rior license 6 MAXIMUM BOAT DENSTTY 6 Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation ar:u/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall_ be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the I.MCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. Six slips are approved for Victoria Estates Homeowners Association for 1987 subject to the stipulations set forth in Resolution #962 dated December. 18, 1978. 2. All boats permanently moored at this Joint Use Dock must be registered to the applicant property owners. V. Nothing in this license shall confer upon any person for the benefit of any property and• vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from tirr;e to time i.r the public interest. take M-lnnetonv�A xt!, �r,- 8 T 0 45' z O 0 co e- K Y O 0 Q m° qT J CO � t o Nr Vise bocce b c-w--s w ry 9 5 rX z 0 V 0 U a O m W J U z U MW m a i 979 - G * /9fod4Orn ! fi'L Epp �y 74 CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 (association) ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff LICENSE YEAR 19 ��77 V � JM27W Date Application Returned to City ; % Fee Recived $ By Employee -'71111) _ Section 5.42 bdivision 2. LICENSE REQUIRED - It is unlawful for any (group or ciation of persons or families, more than two in number, whether incorporated or not) to engage or participate in...joint use (of any lakeshore property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY FEBRUARY 1 OF THE LICENSE YEAR. ASSOCIATION INFORMATION 1. Association title or name (if any) 2. Lake l • *, —.-''/ • ,c.' Bay 3. Person responsible for this application: Name .T C/<' ' l �iSIGI�E Phone -K. S-- USO/ 42"'foys% Mailing Address Relationship to association ��,-.�'� X0fc'.1-' Cyr Page 1 of 5 0 t%vui': -t' - Tt C In t n'' S-7 •'t'...c,1: I :L;:er;:; cwner'r o::ec:�nec's t•o::ic � r•e}:-t+rate ;�.rt: ,;,�rr. ocir `.ioll Gvme3 .:�'ir;. :gistLhe folloh;n,; inforrration: name of insured name of insurance carrier name of insurance ogency policy no. effective date of coverage amount of coverage; Public lietil'_;y, per person, per occurence $ Publ,'e 1'.abi)ity, _er occurence $ 10• Security and _policing of the jointly uses lock and property is provided by (check appliceble items): _ fencing. security lighting. � property owner's presence. _..._ contract securit, service. other (specify) DOCK INF-RWTION 11• List Dock Use Area dpecificativns: Width of shoreline; f-t. LEnstr: of main dock. from shore; 06C-- PP_3 ft. Dock setbacks from side pm_,erty lines at shore; _�� 4- ft. and �? + _ ft. 12• Dock Construction (check applicable : ;eras): __x seasonal dock (reloceted or replaced each year). _ penranent piling; with seasonal. deck. permanent pi'_inG and deck%ino. wooden decking. _+ metal deckirZ;. 13. List Dock Accessories: Number of fire extinguishers svni leb.-;e at t.:ie dock: Number of life r,reservers nvai.leble rat the dock 14. List marnber of slips in eech cete�o y !"ski �" inclu3es beat a.ifts): Transient (day use on'_,y) slips I-ermanent, moorage slips, Transient (day use) off -shore buoys I ermanent r.,r)vraLe off -shore buoys Dry storaf;c (rack) clis's lrnx.mum nwmber of boats et the dock 15• l.ir•.t number of cuff -street ;c:} ir:�l, r• ',lees nvejtlnble for users of the joint use dock. Pnrkint,, If 1-mvided m.ryt. not 1•e separated fror,: the dock; by eny public road. r) _ soncee.. 16. Snor.<,Iine '.s pro';.ec-Led by J� stone r-1p rep. � ,-ac)d I me04 ':eRwti concrete seawall. Xcrass and vegetation only. other (spec:ify) 17. Depth of water at shoreline is 0 ft; at 50 ft. out is ; at 100 fb. out is REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS ,417'tAC A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on -land functions are intended, these also should be shown on the plan. B. UNINCORPORP.TED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in _ (state year) and on file with the City." /�v/� Applicant's initials C. INCORPORATED CLUBS OR ASSOCIATIONS A /4 1. A list of the names, mailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association. members. 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be olerated under the same articles of incorporation and/or by-laws as originally made or last amended in (state year) and on file with the City." Applicant's initials 1.). ANNUAL LICENSE FEE - ALL APPLICATIONS -Inint- Use Dock T,icense Application fee accordi, q to the current City Fee Schedule. RENEWAL JOINT USE FEE, per year $ 20.00 PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy %' slips @ $2.00 each $ (. TOTAL DUE THIS APPLICATION $ LATE FEE - Renewals Applications )r renewal of licenses shall be made no later than February 1 of the license year. The City shall not accep, renewal license applications received after Feb:-uary 1 unless the application is accompanied by a late fee of $25.00. i REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE oNLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Pock License Npplicati.on, and agrees and authorizes the City of Orono and the City's employees and agents to Enter upon the property at any reasonable time to perf.orm safety and code compliance inspections. Signed �".- .` Date City of ORONO RESOLUTION OF THE CITY COUNCIL NO. RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LIC"MSE TO THE OWNERS OF PROPERTY LOCATED AT 3155 NORTH SHORE DRIVE, 3185 NORTH SHORE DRIVE, AND 1406 BOHN'S POINT ROAD SUBJECT TO CONDITIONS NOTED LF.RF.IN FOR THE PERIOD OF JANUARY 1, 1987 TO DECEMBER 31, 1987 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conserv&tion District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navagable waters involves an exercise .f police power of the State, LMCD, and the City of. Orono, all of which have adopted rules to ensure to all equal enjoyment of the pi,bli, rights and equal protection from activity on or near the public w;l s and on the land within the City which, if unregulated, may be deL_ i...^ntal to the public health, safety and general welfare; and WHEREAS, ti.-gulations of the DNR, LMCD, and the City of Orono regulate the proh rights of the riparian owners both as to residential owners and ~ommercial marina owners to the extent prohib.i.ting any interferen•_ ith the public: waters adjoining their property. The LMCD, DNR Aii� City of Orono must fulfill their trusteeship over the public WEItL by protecting against interference by anyone, including thoFe who as: -t LhCi commonlaw rights of riparian owners, whether oi- not they be c .,smereial marinas or residential owners; WHEREAS, as to T,akc- Minnetonka, a mutual right of enjoyment exists between ar-i is shared by riparian owners and +he public generally, r o or.e r i p iri an owner has exclusive privileges over Lake Minnetonka. Ti-,,? only adfli.tional. private right that any riparian owner may have ever.- the public genera 1 1 y i to cr. nstr uct one clock to the navigahl depth of tl e pul_;1 is wat(x :;. There can be no dispute but. that the public general l y and ,.,ach ri p:ari n owner to Lake Minnetonka has the right to us c tho ent i rt :.urf.)ce r-irca cif I•like Minnetonka for it] 1 st.ri teal:, l e purl o• : s in common with :a l 1 c the•r ri Puri an owners. This r i g h t i s a r i (Jilt Tt< t c,n 1 y t o r:e mt, 1 r. t t t e rub I is Y-u t t he r i g h t to each riparian owner. pevp• 1 of City cof OR.C)NO RESOLUTION OF THE CITY COUNCIL NO. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the r•onstruction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations incl-ude the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this L.,s,)lut.ion is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use DocLicense described on Exhiri.t A attached, NOW, THEREFORE, BE , " RESOLVED, that the City Council of the City of Orono hereby directs the Staff to i— -� a Joint Use Dock License according to the facts and conCitic oted on Exhibit A attached. Adopted by the Council of the City of Orono at their m ,tinq in the 23rd day of Fei.a-uary, 1987. James R. Grabek, Mavor ATTEST: Pnrothy M. Rollin, City Cle=,rk CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Property owners of 3155 North Shore Drive, 3185 North Sl;ore Drive and 1406 Bohn's Point Road Dock Address: 31.55 North Shore Drive Agent: Jack F. Rhode Address: 3155 North Shore Drive, Wayzata, MN 55391 Licensee is: XX_ unincorporated homeowner's group incorporated homeowner'- association unincorporated club or :reation group incorporated club or recreation group other Licen_­t Period - January 1, 1987 to December 31, 1987 II. BOAT DENSITY The number of in -place boat slips, lifts and buoys shall not exceed the number shown on the attached plan, Exhibit B, and in accordance with Resolt.tion 938, in no case sha? the number of authorized boat slips, lift-, or buoys exceed the number permitted .in the prior year's license. Authorized Boat Density per attached plan: Bay Crystal. Transient tray use only) Slips 0 Permanent Moorage Slips 3 Boat Lifts 0 Sib-Tot:nl.: Slips at Dock _ 3 Offshore Buoys 0 Maximum Boats in water 3 Maximum Boats per prior license _ N/A_ MAXIMt•.. -)AT DENSITY 3 Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhihit B. Any changes in this layout shall be subject to prior review and approval of the City Councii. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or ':he LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. This license is granted subject to the findings and conditions set forth in Resolution #1.212 of the City Council, summarized as follows: a) The three properties to which this Joint Use Dock License is granted are described as follows: i. (P.I.D. #09-117-23 33 0001) "That part of Gov't Lot 1 lying East of the West 442.93 feet thereof and North of the South 1058.3 feet thereof and South of Registered Lard Survey No. 269" (3155 North Shore Drive) ii. (P.:.D. #09-117-23 33 00i=�) "Tract I and the West 28.5 feet of Tract H, Registered Land Survey No. 269" (1406 Bohn's Point Road) iii. (P.I.D. #09-117-23 33 0016) "Tract G and that part of Tract 11 lying East of the West 28.5 feet thereof, Registered Land Survey No. 269" (3185 North Shore Drive) b ) There shall be only one dock allowed on the Rhode lot (P.I.D. 09-117-23 33 0001) which dock shall be no greater than 100 feet in length, and which dock must be constructed in accordance with all applicable City and LMCD ordinances, and which dock is intended to serve only the owners and their successors of the 3 properties described in a) above. c) On the Rhode lot (P.I.D. 09-117-23 33 0001) either attached to the: dock, moored in f i cant of the lot. or located on the lot. there may not be at any time more than three watercraft, as defined 1)y the LMCD, Either clocked, moored, or stored. Exhibit A Resolution No. Page 3 d) The three watercraft allowed may be owned only by the owners of he properties decribed in a) above. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time t-1 time in the public interest. r 'OrK�pIalr- 8 �EsoL . JV /1060 M t' M,EETING TO Mayor and City Council FEB 2 3 1987 FROM: Mark Bernhardson, City Administrator Cif lIF ORONO DATE: February 19, 1987 SUBJECT: Planning Commission Appointments ISSUE - Appointment of one additional member to Planning Commission. INTRODUCTION - At your last meeting you appointed Ed Cohen and Jeffrey Johnson as representatives to the Planning Commission. Fulfilling of a third vacancy was tabled until the February 23, 1987 meeting. DISCUSSION - The vacancy that exists carries the urban designation. Candidates who have applied include: James Berg (U) 'lement Birch (U) Curt Quady (U) Jorja Lynn (R) Gail Livingston (R) Lee Schacht (R) Persons who had applied for Council who may be interested in the Planning Commission appointment include: Gary Printup (U) Julie Harren (R) Thomas Casey (U) Earl Dorn (R) Ed Brown III (R) Mariann Keinzler (R) Currently on Park Commission Additionally Ron Anderson (U) had applied, but was not appointed, to the Park Commission. 21087. 7 TO: Mayor and City Council%,'..; 49 NG FROM: I -lark Bernhardson, City Administrator 3 i,t87 F 3 2 DATE: ^ebruary 10, 1987 OF ORONO SUBJECT: Appointment of Alternate Attorney ISSU - Appointment of an attorney to serve as a City Attorney in the case of: a conflict of interest on the pa�.t of the City's primary attorney i:athl.een Blatz/Popha:^, i.k INTRODUCTION - Over the years the City has had a policy of rormaI y appointing an alternate attorney so that should a conflict arise the City can in a timely manner handle its legal problems without having to search for an alternate attorney or wait for Council's approval on a case by ease basis. Over the ;ears the City has uses? various people in that capacity most recently Gary nhleger who is with Koenig, Robin, Johnson & Wood, a Nlound firm. Mr Phleger also represents the City of Spring Park for prosecution cases and has represented clients particularly in the prosecution area for offenses in the City of Oron, . DISCUSSION - The primary criteria was to look for an alternate attorney in the civil area that would be able to quickly address unique iss yes that are relate] to the lake together with the ahility to provide prosecution services, shoul those be needed. 3as(:- I c,n this ,_i review c.�f the attorneys currently serving the lake r_ommunit ies was lone. t'rom that list those whu represent abutting communiti"s were droppel f.rum consi;oration because of the pcssihity of lawsuits between abutting communities. The fc'' ow:nn repr+'_sent the current City itt :Urncys around the lake together with communities abutting bran(--). LAKE CITIES Orono - Popham, Haik Excelsior - Pophan, Haik Minnetrista - Popham, Haik Wayzata - Robert MellerI Mound - Curtis Pearson Spring Park - Heal Truhn 1 "innetonka leach - Robert Mitchell/Lindquist d Vennum 1 Shorewood - Cary Larson I Greenwood - William Kelly neephaven - William Soth Minnetonka - Minnetonka Legal Department Woodland - William Soth `lictc,ria - :tchert Ni -klays Tonka !kay - Cary Larson 1 3 L11CD - LeFevere Lefler OTHER ABUTTING COIUIUNITIES Plymouth - LeFevere Lefler 1 Medina - LeFevere Lefler 1 Long Lake - Arlo VandeVegte 1 Independence - LeFevere Lefler 1 1.) Attorney for an abutting community Based on the criteria of eliminating those firms representing abutting communities together with LMCD leaves only William Soth, who currently represents Deephaven and Woodland together with the City of St. Anthony; William Kelly, who represents Greenwood and Robert Nichlaus for Victoria. As William Kelly was recently replaced by Popham, Haik in the City of Excelsior it is not anticipated that such a combination would necessarily be appropriate. As for the Attorney representing Victoria it has a very minor portion of Lake Minnetonka. This leaves William Soth as the individual that I would recommend. In disccssing this with the community of similar size regarding his capability, that ')eing the City of St. Anthony, the City Manager highly recommended the work clone by Mr. Soth. RECOMMENDATION - It is recommended that the City appoint William Soth—as its al-ternate a torney for 1937. PROPOSED MOTION - Moved by , seconded by , that the City a,'cpt resolution u appointing William Soth as the Alternate City Attorney. Ayes_ , Nays 21287.4 TO: Mayor and City Council l� 31587 FROM: Mark Bernhardson, City Administrator'N, _ DATE: February 12, 1987 SUBJECT: Hazardous Building Proceedings - 200 Hollander Road Attachments: A. Report of Preliminary Inspection Dated 2/5/87 B. Hazardous Building Proceedings Resolution ISSUES - Determination for the appropriatness of commencement of hazardous building proceedings for the barn structures on 200 Hollander Roa:3. INTRODUCTIO14 - The issue of the structural. condition at 200 Hollander Road was raised during the preliminary subdivision approval process. It was determined that this was not appropriate condition of the subdivision, but that a seperate process should be initiated on this. An initial inspection conducted as noted on Attachment A and it was determined there was cause to recommend hazardous building proceedings. In addition during the week of February l7th the Building Inspector under State Statute 463.251 ordered the property to be closed within 10 days. Under Minnesota Statute 463 the City does have the authority to comnence hazardous building proceedings by resolution outlining the conditions which it feels to be hazardous. The outline of the proceedings are as follows: - Passage of hazardous buildings resolution by the City Counci - r'iling resoluti<n with the Court - Court notification - 20 (:ays for propert;• owner to responc' - If no response the City can request Court t,) repair or demolish the building to remedy the hazardous condition and assess the costs - If the property owner responds within 20 ,lays then the Court can direct the type of remedy to correct the situation and set a deadline - Fai 1 ure of the party to so remedy can result in the City requesting the Court to either fix up or remove the structure once the deadline has passed with the City then .assessing the costs. DI`:CUSSION - 3ase,1 on the current coii,lit io of the foundation and str,ictural members it is felt that the building should be secured and remain so secured until the hazardous condittion is remedied. It is a0ditional ly appropriate that the hazardous building proceedings be undertaken in order to allow the City recourse to correct the cordition should the property owner fail to do so in a timely manner. RECOMMENDATION - It is stait's recommendation that the attached resolutions commencing hazardous buildings proceedings together with a resolution confirming GPcuring of the building be aeopted. PROPOSED MOTION - Moved b resolutions numbered and hazardous building proceedings tarns at 200 Hollander Road. cc: Long Lake Fire Department Wayzata Fire Department John Hollander Steve Weinstein y , seconded by , to adopt _ which address the commencement of together with the securing of the Ayes , Nays t �.•. .� J�. I�fC 7iI�'l. TO: Jeanne A. Mabusth, Dili 1(11ricq b Zoning Administrator From: Thomas J. Jacobs, m1iIding Official Date: February 5, 1.987 Subject: Barns and Outbuildings - 200-225 Hollander Road 1 conducted an inspection on February 4, 1987 and again on February 5, 1987 to see what type of shape the buildings are in. The inspection conducted revealed the f.ollo,.�ing: Garage - 1. Roof shingles have been badly weathered 2. Soffit boards are rotten and falling down 3. There is a dirt floor in b1iilding 4. No header above overhead garage door 5. Garage door has rotted into pieces 6. Concrete block has shattered on the south wall 7. Electrical may or may not be energized, but is in need of replace-ment Suggestion: Removal. Barn (South) - Lower Level: 1. Crncret.e i. a., cracked in some places from movement of oarth 2. East wall Sete block) is bowed in abcut 4 or 5 inches for apprc••imately 215 t 3. buildi.-q is not being used Upper Level: 1. North wall is pushed out by 'Che door 2. Pcsts by door KA so appear to be leaning 3. Hole in roof, .cuthr:est corner. 4 . Interiorbe �.rnr; ?r„vc i, ot. c: r ?_ c inn The structure could only be used as a barn, then only if the foundation was replaced. its _lo(ation and construction procc.,dures would not met stanoar(3n of today in tlic� Oreno Municipal. Code and ruilding Codex for barns. Suggestion: becau;u of bc.id foundation and poor bearing of beams. 200-225 Hollander I:oad February 5, 1987 Page 2 of 2 General Area 1. Van parked by house ._ license expired - license. not found on file 2. Garbage by front door of house, bags ripped open 3. Above ground gas tank: No berm provided Not on stable base (concrete) Not allowed, residential zone Hose and nozzel do not meet standards of today on automatic shut. off Suggection: Should be removed - Hazard. Barn (North) - 1. Small additions - roof and ceilings have caved in., wool has rotted through out 2. Foundation is caving irl at the underground passageway to south barn 3. West well at small addition foundation has bowed in and is failing 4. Roof is sagging on southwest end of buildinq Roof is rotted through west side 6. Interior ocams have .improper bearing (about I" maximum) 7. Building has somc junk and debris r_.tored in it. Suggestion: Removal - same reason as south barn. CITY of ORONO Yost Office Box 66•Crystal Bay, Minnexotit .553Z3•Municipal Offices On the North ,Shore of Lake Minnetonka February 13, 1987 John. 9ollar.ler Hol alder Road Wayzata, MN 55391 Re: Hazardous Buildings (Barns & Out -Buildings) at 200 and 225 Hollander Road, Orono Dear Mr. Hollander: I am writing this letter to inform you that I have conducted an inspection at the above Subject property which revealed that the following structures are :.n a ,-.ate of detari,.Hon and left in a haza;:dous condition (garage, soutl barn, north :)--rn,. Attached is a copy of a memo of my report which -rill be sl tt the City Council on February 23, 1987 along with a Resolution f( . r•a. Buildings. Als, er e several Crono Mu icipal Code Violations and a fire naza gi .id gas tank). Pu:_ 1; to State Sta-Lute 4 �, .251, 1 am ordering you to board up a l l buildirgs mentioned within. 10 days. Failure to co _�ply with this order will result 3 '-e City properly securing the buildings and the cost t; erer,f will b- _iarged agp i nst the real estate as provided in State Statt . Section 463.21. Pursuant to State Building Code 1.'05.0400, Section {, due to the inadequate maintenance a- ._ilapidati )n of tl,e struci es they are declared unsafe buildings hick are t. be removed or repaired. I accordance to State Statutev 03.15 to 463.26 Hazardous Bu_lding Action ai.il be activated by resoluti... •t the Februa.-y 2', '987 Council meeting. If you should have any stions on the tter, please feel free '-.c contact me at my office. Sincerely, �''')omas J. '.-r.s, TJJI In cc: Mayor Gribek and C- onL' Council Members M.-.r-k F. Ber,iha­lson, City P, -' s' : ator ?eanne A. Mabu-Jh, Bui ldiny & 2oni •. i :\driini strator Micharl P. Gatfrn.:)n, hs,;t Building & i.riinci ,^,c?ninist*r`:cr Melvi,r Chief of F` ]'. . nt'll niti(��'dt'`i •t3�iT1? i DE:`f r 1 { 111C d�,t.1t' IS i 1'U,\ 4 FIti.\�� r 7 tSh i'1'H1 �( WORKS - 4i t 71ty ASSI 21987 1 I ?, E 'TING TO: *iayor and City Council F, = 3 2 31887 FROM: Mark Bernhardson, City Administrato �-ATY����R Orr Gila DATE: February 19, 1987 SUBJECT: Hazardous Building Proc sings - 3960 Sixth Avenue North Attachment: A. Orono Letter Glen Cummings Dated 2/3/87 B. Orono Letter to Glen Cummings Dated 2/18/87 C. Hazardous Buildings Proceedings Resolution ISSUE - Determination as to whether it is appropriate to proceed with hazardous building proceedings. I14TRODUCTION - The house at the d. ove lister] address experienced a significant fire which gutted the structure on September 24, 1^86. VISCUSSTION - After several months of no progress Tom Jacobs sent a letter to the property owner as evidenced in Attachment A. Ha,1ing gotten no response to that, Mr. Jacobs sent Attachment B together with a proposed hazardous building proceedings resolution. No progress has 4;een made on the structure since the day of the fire, in fact, the perimeter tape set up that day by the fire department still remains in place. RECOMMENDATION - Given the fact that ;:here has been no progress to daze; or effort to work with the City to correct the problem and given the substantial nat e of the deterioration of the building and the h—irds that does pose, the City recommends that the hazardous uilding proceedings 'ue initiated by adoption of the attached proposed resolution. PROPOSED MOTTO" Muved by , seconded by __, to adopt resolution numbe! initiating hazardous building proceedings on the house stru.:t e t _160 Sixth Avenue Nort Ayes _, Nays ;lan ;-ummir Q" E T Y of ORONO 1'usl Office WX 666Cryst.0 Bay, Minnesota 553230Municipal Offices On the North Shore of Lake Minnetonka February 3, 1987 Glenn Cummings 3960 Sixth Avenue North Long Lake, MN 55356 Dear Mr. Cummings: We have recent ,.y received complaints regarding the unsafe condition of an uno^varied building, which we understand you own, located at 3960 Sixt_, Avenue North. The building has recently been damaged by fire and is left Ln an unsafe condition and is subject to incipient collapse. ;ince it is open to trespassers and children frequently playing .herein, it constitutes a definite hazard. Therefore, under the provisions of Section 203 of the Building Code, we request that you immediately proceed to demolish this building or _estore it to a safe condition. Please contact the Building Department and inform us of your inter. .�unb. Sincerely, Thomas J. Jacobs Building Official TJJ/tln Cc: Jeanne A. MaLusth :,oning Administrator Lyle Oman, Field _,.spector Mark E. Bernhardson, City Administrator Melvin Kilbo, Chief of Police Scott Richte-, City Attorney IRTILDINC & ZONING - 473-7 1157 0 AOMINISikA [ION & FINANI I- - 473.73S8 • PU 111.1('WORKS - 473.7339 ASMkSSING CITY of ORONO Post Office Box f6•Crystal tiny, Minnexota Ikx=*Municipal Offices On the North Shore of Lake Minnetonka February 18, 1987 Glen Cummings 3960 Sixth Avenue North Long Lake, MN 55356 Re: 3960 Sixth Avenue North - Fire Damage - Hazardous Building Action Dear Mr. Cummings: You have been notified of the hazardous condition which remains on your property at the above subject property. The City has tried to be understanding to your loss during the fire on September 24, 1986. You must understand that the City cannot allow the hazard which exists on your property. I am writing this letter to inform you that pursuant to State Statute 463.251, I am ordering you to board up all buildings mentioned within 10 days. Failure to comply with this order will result in the City properly securing the buildings and the cost thereof will be charged against the real estate F.s provided in State Statutes Section 463.21. Pursuant to State building Code 1305.0400, Section 203, due to the inadequate maintenance and dilapidation of the structures they are declared unsafe buil.din js, which are to be remove(. or repaired. In accordance to Stat? Statutes 463.15 to 463.26 Hazardous Building Action will be activated by resolution at the February 23, 1987 Council meeting. If you should have any questions on the matter, please feel free to contact me at My office. Sincercl Thomas J. J&bs, Building Official TJJ/tln cc: Mayor Grabek and Orono Council Members Mark Ps. Bernhardson, City Administrator Jeanne A. Mabustt, Building & Zoni^.g Administrator Michael P. Gaffron, Asst Building & Zoning Administrator Melvin Kilbo, Chief of Police Long Lake 74.rt Der artmc,nt. HtIIt, INNe: d IONINt; — 47 t 735 UMIN:S'; RA NON A 1-1% %N( 1 -' l ' 1',ri • 1't W It wua KS - 173-73 ASSMING City (if OHI,� LINO RESOLUTION OF THE CITY COUNCII. NO. A RESOLUTION ORDERING ABATEMENT OF HAZARDOUS BUILDING ACTION AT 3960 SIXTH AVENUE NORTH, ORONO WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minr;c-_sota; and WHEREAS, Glen Cummings, 3960 Sixth Avenue North, Long Lake, Minnesota, 55356! is the fee owner of record, of the property located at 3960 Sixth Avenue North, Orono, Minnesota, herein referred `Lo as "the property", and legally d^scribed as follows: Unplatted Section 29, Township 118, Range 23, Southwest 1/4 of Southwest 1/4 South of railroad land; PID: 2.9-118-23 33 0001; and Unplatted Section 32, Township 118, Range 23, Commencing at Northwest corner of Northwest 1/4 then East 13.83 chains thence South 3.70 chains to road then Southwe_ along road to West line of section then North to beginning except road; PID: 32-118-23 22 0001, (hereinafter "property"); and WHEREAS, the City Council of the City of Orono, having duly considered the matter pursuant to Minnesota Statutes Sections 463.15 to 463.261, hereby finds that the above described property is uninhabitable and contains unsanitary and hazardous conditions which constitute a public nuisance and which makes this property hazardous to the public health, safety and welfare based on the following findings: 1. Fire and smoke damage to whole structure 2. Roof burned off and subject to collapse 3. Interior walls burned out 4. Building is in a state of rieterioration and dilapidation, thus it a safety and health hazard pursuant to Minnesota State Building Code/Uniform Building Code, Section 203. 5. Orders to remove or repair the structure were issued by the Building Official on February 3rd and 18th, 1987. These orders have not been complied with. Page 1 of 2 c RESOLUTION OF THE CITY COUNCIL NO. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the City Council of the City of Orono, pursuant to the foregoing findings and in accordance with Minnesota Statutes Sections 463.15 to 463.261 hereby orders the owner(s) of the property to raze and remove the st—irtur.e on the property. The Council further orders that a: -sona1 property or fixtures that may unreasonably inte a with the razing be removed within twenty (20) days of ti sar.ice of this order or the City of Orono ma- remove and sell such personal property or fixtures a-c a public auction in accordance with the law. 2. Tho City Council of the City of Orono further orders that unless this corrective action is taken or an answer is served upon the City of Orono and filed in the office of the Clerk of District. Court of. Hennepin County, Minnesota, within twenty (20) days from the date of the service of this order, a motion for summary enforcement of this order will be made at District Court of Hennepin County. 3. That the City Council of the City of Orono further orders that if the City is compelled to take corrective action herein all necessary costs expended by the City will assessed against the real estate concerned -nd collected accordance with Minnesota Statute, Section 463.22. 4. That the City Council of the Cit;, of Orono hereby authorizes and directs the Mayor, City Clerk, City Attorney, and other officers and employees of the City to take Bach action, prepare, sign and serve such papers as are necessary to comply with this Order and to assess the cost thereof against the real estate described above for collection along with taxes. Adopted by the City Council of the City of Orono, Minnesota, this 23rd day of February, 1987. APPROVED: James P. Grabek, Mayor AT :"EST : Dorothy M, hallin, City 1'rige 2 of 2 f-�3 2 31987 TO: Mayor and City Council Ky a,rONO � g FROM: Mark Bernhardson, City Administrate DATE; February 12, 1987 SUBJECT: City of Medina - Orono Extention #116/Will(jw Attachment: A. City of Medina - Orono F.xtention #116/Willow Memo Dated 2/4/87 R. Preseri_ Traffic Counts - Proposed Layout ISSUE - Discussion by Councilmembers as to concerns they may have related to the extention together with laying out the process for Council's further consideration of the matter. INS -"'ION - Presented as a consent item last time was a memo related to the extention of 116. At the public hearing that Medina had on the matter on February 3, 1987 they chose to table the r.attPr until March 17, 1987. DISCUSSION - Attachment B outlines present and anticipated traffic counts to give Councilmembe,-s an appreciation for the impact of this change on residents abutting Vi'low Road. While it is anticipated that traffic wo .. increase along Willow it would not be a direct shortcut between 55 and 12. 'rhe shortcut however may be 116 to Tamarack south to County Six, ,articularly if the stretch of 'I'umarack north of County 24 ',.Is paved, this is a concern because of the current concern related to the interGection at Tamarack and Six. It is our present i,nderstar,ding that the County desires that 116 continue down Willow to Highway 12 ra}'),7•r than going over to Old Crystal Bay Road. An additional indi,:ation has been given to the City that the County would work for signalization of Willow at Highway 12. If Willow were currently a County road two of the '_(:ur legs for payment of signalization would tie the State's, one the County's and the fourth Long r,ake'!;, with Orono bearing a i), rtion of the Ccunty and Stag-, shares. There is a concern that there may be a need for signalization at that intersect ion prior to Count,,, takeover and that this would have to be worked out with the C:.urty for paymenti reimbursement Of such an action. It additional .y is anticipated that stop signs would havA to he installed at County Six and Willow with traffic control at the prepo­.i frontage road. RF.COM1117NDATIO1, - It is rec Mende ; that the City table further i nsTTera�icn cf 116 until tn- City of Medina has undertaken -al action regardin,j ,nis matter. Once such action is taken recommi.nded that a pull is hear my 1.e esta.-)l ished by the I Orono City Council with notification going c.._, _.1. abutting property owners on Willow Drive. Given that no formal action has yet been taken regarding this matter and the City anticipated development of the corridor which may necessitate some improvements anyway that the Highway 12 Corridor Comp Plan Amendment not inc rporite any anticipated change for possible extention of County 116 at this time. PROPOSED MOTION - Moved by , seconded by , to table this matter until formal action is taken by the City of Medina. If such action directs 116 be established by the County, staff is then directed to estat . a public hearing on this matter and notify all property c,N ,rs abutting Willow. (Including all residents whose access is onto Willow within four weeks of receiving notification from the City of Medina.) Ayes _, Nays cc: pity of Long Lake City of Medina To: Mark E. Bernhardson, City AdrninistrG,or From: John R. Gerhardson, Public Works Coordi.na ur Date: February 4, 1987 Subject: Proposed County Road 116 On February 3, 1987, I attended a public information meeting at the Medina City I-Iall. 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 ma -.it tined by Hennepin County. As you can tell b-i the attached information, the er: -.ension 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 positicn that the road will not receive consideration unless it .s extended further south to State Highway 12. Previously ail p. posals indicated construction o- the z dad to end of County Road 24. -ing the T)resentation by the Medina Erigineer and Hennepin County it was dcter.mined that 'the design of the road would be an 80 foot right-of-way, 24 feet of driving surface with R feet bituminous shoul,lers, the design speed limit would be 45 MPH but. the M; nnesota Departm(.nt of Transporta' ion would have the final say about what a safe and reasonable speed limit would be. Currently the traffzc counts on Wi 11ow Drive between County Road 24 and County Road 6 are approximately 1,400 VPD (vehicles per day) c Vie 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 pl�l:ns for signali.zation at County Road 6 and Willow Drive but a traffic signal .-it Iv,7illow Drive and Highway 12 is a probability. Follo%-,in<j L,.Lzcusslon by a audience, the Medina Council voted to table the matter for six weeks :.o allow time for more information, to be received from residents abutting -chr propc-):;ed or exi:•t.ing ro�-Idway. lasses cc -N eke``; Lydiard Lake Long Lake m Ong 14 6 6 55)- FoR Si Fu. 51 cr NOON- PROPOSED CSAH 116 EXTENSION PROPOSED ALIGNME-NIT -s • r , T Ta 1 b 2 t---{• 1 li i l�J''� / `m A:z; �� • j r . off' r ►►► "' „' - ` +•4 --1. ,1 � _._. -'— q�_ �j ►�M ` it-_ {: ; w ...�.- �.-_.........._.�.�.�._...�-.- _ ..f.. _..._.__..��_-- _ .._...........__.._.... P'..[a.►16TC)H _--NORT1rfiN—.. SCHEME: DEVELOPM[NT ut.IMhtr,�� i I ,•4 ; ? — �_ `'vnglo Fnmlly G3 Town Names 184 ! M-.-I11.Family hi k �, ,y ��•� 1 f �- .. /roll() ILO t f•' 7f,1 �r� 21287.6 TO: Mayor and City Counc i L F ,= 3 24 3 1A7 FROM: Mark Bernhardson, City Administrato#',v 4 td ORONO DATE: February 12, 1987 SUBJECT: )iighway 12 Task Force to upyrade Attachments: A. Highway 12 Task Force to Upgrade Memo Dated 2/4/87 B. Proposed Highway 12 Task Force Resolution ISSUE _ - Determination of the level of support at this point in time by the City Counci l for an upgrade of Highwa-r 12 to a four lane highway from Wayzata west. INTRODUCTION - Attachment A was on the consent agenda for the Council meeting of Febraury 9, 1987, presented as an informational item. At the City of Long ,ke's Counci 1 meeting on Febraury 4, 1987.they took the position in support of the upgrade to a Four lane highway. DISCU!ISION - The most significant concern regarding a four iane road would he the route that such would take through the community together with the currant development that would be displaced by such a corridor. There is an acknowledged need for improvements in Highway 12 to handle both Metro area traffic together with benefiting traffic to the west going both to and from the Twin Cities of both a commercial and commuting nature. The current corridor does have significant limitations in bo traffic volume, and safety. In addition to these limitations it is anticipated that significant safety improvements will need to be made over the 29 ti, 30 years to handle the increased volume of traffi.:. Traffic volume is projected to increase about 5% per year thr.,ugh the year 2900. These concerns for the safety are incorporated in Attachment B. The current design is reaching its maximum capacity at this time. RECOMMENtATION - The unqua l i f ied support for this project as outlZnec-Fn tie proposed-esoiution is not recommended to be appropriate at this time. 13Pcause c,f the key position Orono plays in this together with the amount of development in the City, it is-ppropriat(- that in 1 ine with the City's previous rest.l ut ion that necessary stud ir•s b- taken to determine what steps nee-1 to he taken to handle ths- anticipated volume of traffic sately over th,, next 29 to 10 ,.°arc. If such requires upgrades as an alternative it is appropi iatc that the City review props' ed corridors prior to makiruj a comiitment to one specific s,-Iut i,,m. 13ased on this it is staff's recommendation that the attached Attachment R be adopted as a proposed resolution outlining the City of Orono's support of this task force. PROPOSED MOTION Proved by — , seconded by _, that the City of Orono adopt Resolution No. _ indicating its level of support of the Task Force. Ayes , Nays Cc: City of Long Lake City of ',,aayzata City of Maple Plain Willmar Chamber of Comma �:c-,e 2487. 3 J . TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato�\�I�lt� DA':'U: 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 Highway 12 Task Force Goals and Objectives D. highway 12 Alternatives Circa 1968 ISSUES - Determination by the City Council as to the City of O`ronols position in relationship to a significant upgrade cf Highway 12 west of the Freeway section at the Orono/Wayzata border. INTRODUCTION - For the last few months the City has been aware of Tf�orts spearheaded by the Chamber of Commerce oe the City of '.lillmar to increase Highway 12 from the current two lane up to a four lane freeway standard from Wayzata, at least to Willmar, if rot to the state line. Their caesire to do this is based on the grounds of economic development to drew industry and commercial areas out west plus an unstated goal may be to provide better access for these c-ommnnities into the Metro area. As you may be aware the four lane through Orono was discussed back in the late 60s and early 70s with the possible route going down the Luce T,ine as noted in attachment D. This proposal was subsequently tabled because of other funding priorities notably the designation of Highway 2.12 as the major East/west route from 19inneapolis to the, st ite linl•. DISCUOISION - "!7e City `.Alen it comnence,l its Highway 12 Corridor Study did �pproacl'l MnDot regarding any possible upgrade to Highway 12. I t. was - tat (;d to t ie s t a f f that givF2n the 1.5 to 2,11 year fundinll horizon fc>r flnD,,t t'lat tl; l was nc anticipation to spencl any fuith ­ -rine`y c,n t.hi._• ccrriflor curing th,Zt time frame. Add ition«.-i1.ly th«:` City c?i,1 li:,ly ,;!;) fi at of ric11-t-of-way through its ^eCtion of t1e ccrr1 c�r t« p r v id c for ;lc il-ast limited upgral1f'ri to Lilo two I;lt", ± I r()no. A! r117t1'(1 In a ta(_•hrr'nt : F` c, i t. t ill) le i. 1 l l n h,as i n d 1Cated t_hhir initial �,)I)cssitiorl t it, �:ith tt;� r_it, of ',ong Lake cons i 1r r i nq th i l� Lit ttlf` 1 ! "I)! 1,1" r j i 1 l'' I(1C«`t 1 n) iit which they decide«I to supp(,tt it.. ;',in« «. 1 «:lt.±i t 1'. :l of. 0runu an«i Long Lake will be ones most directly impacted b,t initial change to Highway 1� -t merits consideration and tho•,ght by the Council prior to �!n, indication of support. Since MnD�--t is a reactive agency, this Task Force if ablc to generate enough legislative support together with funding may be able to gather the strength needed to do an upgrade. however funding Fri.orities 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. RECOMIMENDATION - It is recommended that the Council indicate any initi,?1 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 minimum of 5 to 1.0 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 Higt:way 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 reyarding this Task Force that the item be tabled until the I•iarch 9, 1987 Council meeting. Ayes _, Nays WILLMAR February 2, 1987 City of Orono John Gerhardson P.o. Boy: 66 Crystal Bay, MN 5532.3 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 cannon effort to secure a legislative priority for Highway 12 improvement. With representatives of local units of governmEat, business organizations and citizens, the Task Force Steering Committee has gathered information, worked with IvN/DOT representatives from the four M/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 concensu-:, representing the common need for are economic corridor to restore economic vitality to the area lying between 1-90 and 1-94 which is not served by an improved highway. The most power"l>> tool that we have will be joint action by ,e f;ve counties and twenty one cities +J endorse a concept of high,.,,ay improvement. We ask that the City of Orono adopt the endorsing resolution at their next Board meeting. We are nearing the time when we ori_].l take our concept to the Legislature and, with your help, build a case for legislature priority for Highway 12 construction. Upon its adoption, please send a copy ,,f your resolution to Task Force Chai_rnvin, Dean Sch-Luter, t^; i 1 ki ar Area Chari ber, Box 287, Willmar, MN 56201. On behalf of the Highway 12 Corridor Task Form Steering Cittee �{, prmi , 1. Dean Schluter Chairnnn S18 Wf1,t III('tIn 'q.ji F',,C'if (<.12'231-030G RESOLUTION Wherris the State of Minnesota provides a transportation system to enable the economic gruArth of our state to flourish through the growth of tourism and the recreation industry, commercial and industrial growth and by sustaining the agricultural base of the state; and, Whereas in the areas of central Minnesota, weste_-n Minnesota and soutlTaestern Minnesota there is a void of improved state highways to serve the economy of this area of the State of Minnesota; and, Whereas the economic development of this portion of our state depends on an improved highway to .rve the communities on the U.S. Highway 12 Corridor, t Lmprove depressed conditions of the area by increasing job opportunities generated by commercial and industrial growth; and, Whereas a 'Task Force comprised of representatives of the five counties and twenty one cities on Highway 12 have been meting to study and recommend improvements to Highway 12 for the benefit of central Minnesota, western Minnesota and southwestern Minnesota; economic corridor; now Whereas the present methcxj of .establishing priorities for highway construction does not take into account economic impacts and will not advance the timely improvement of this critically important eroncxnic corridor; now Therefore be it resolved that the ( local unit of government) hereby eryiorses the concept for Highway 12 corridor :imprc•,ement _yet forth by the Highway 12 Corridor Task Force and cal_l.s for. the Legislature of the State of Minnesota t,) establish a Legislative Priority to provide eTAty of opportunity for citizens of Minnesota living in this transportation-poo- area by directing the Minnesota Depart!Tent of TransFx)rtati.on to advance :s :1>Edul�_Y1 improv(jnX-n' s; and acc..elerato the pr(-x-ess for pl_eumn inq and r tmc c3ulin�l pr'c�j e ` s for unlllrpr'c?vPd stretches of Highway 1 LAUN 1G20 MAPLE AVENUE o MAPLE PLAIN, MN 55359 HENNEPIN COUNTY • PHONE 479.1123 January 22► 191-17 Willmar Area Chamber / Dean Schluter ("-- 518 West Litchfield P.U. Box 287 Willcuar, Minn 56201 Re: Highway 412 Corridor Dear Sir; n�s JAN I Thank you for including us in your plans regarding upgrading Hwy 12 from two lane Lo four lane between Maple Plain and Delano. Please be advised that while we see some specific needs for in- provement such as replacement of a hazardous RR bridge, we are opposed to the concept which would upgrade Highway 12 to four lane. The traffic count simply does not justify the expense and it would be of limited to no value to Maple Plain. There has not been any apparent or obvious support for such a project by our neighboring cities and so it seems that your efforts should con- centrate more on the highway in the vicinity Lo your city. I am sorry we cannot be of support for your plan as presented. Sincerely, Jeff Walton Mayor cc: City of Independence City of Orono --------`— City of Long L,rkc City of 1)el:ltic) Minn Dept. of 'Tranc. or. t;ation Sen. Putty Adkin:' Rep. Tony Onnen cerconcept THE HIGIiWAY 12 CORRIDOR CONCEPT The concept of a modern highway and economic corridor fron the western edge of the Twin Cities to the economically depressed area of central, west and southwestern Minnesota will include the provision for improvements in six zones to reflect the changing patterns and levels of use as traffic moves along the corridor. Certain design standards and communil-y ordinances are indicated for the entire corridor. These include 10T capacity, 10' foot paved shoulders, the reduction of no -passing zones, and the addition of left turn lanes. On -street parking on the highway shall be reviewed where there is a need for greater right-of-way and where capacity and safety are issues. Where improvements are made, speed limits will be reviewed. Improvement Zones are identified as follows: Improvement Zone I 1-494 to Delano Improvement Zone II Delano to Cokato Improvement Zone III Cokato to Litchfield Improvement Zone IV Litchfield to Willmar Improvement Zone V Willmar to Henson Improvement Zone VI Benson to Ortonville As the corridor steps down from 6-lane capacity where it emerges from the Twin Cities, 4-lane eLpacity should be provided to Delano in Improvement Zone I. Improvement Zone II and Improvement III should be an improved 2-lane highway with passing lanes and left turn lanes. Design standard; could be reviewed on reaching Improvement Zone IV and V. Improvement Zone VI from T.11.59 to Ortonville should be improved to the :standard existing between Willmar• and T.H. 59. Note: While thin concept principr;-11y uddresseu the flow of triiffic between the Twir Cities and communities along the corridor,'the flow of traffic: alonff 1lighwny 12 will be affected by the reconstruction of llighwny 12 betwc cn Milbank and 1--29 in South Dakota in 1969. HIGHWAY 12 CORFIDnR I%PROVENAXTS (ts) = Priority IKPROVBKEKTS PROPOSED Improvement Zone I I-494 to Delano (sl) Construct open -access 4-lone expressway from I-494 to Delano Correct safety hazards caused b inadequate vertical clearance at: Railroad bridge at Maple Plain Railroad Bridge west of County 25 near Montrose Luce Line Trail Bridge near Long Lake Improvement Zone II Delano to Cokato Construct improved 2-lane with appropriately located pass-Ing lanes ( similar to T.F. 371) Eliminate bottlenecks and improve traffic flow. Improvement Zane III Cokato to Litchfield (s2)Reconstruct Derwin to Cokato to improved 2-lane standards Determine feasibility of a community by-pass after consul- tation with the City of Litchfield and Chamber of Co==erce Improvement Zone IV Litchfield to Willmar Improvement Zone T Willmar to Benson Improvement Zone TI season to ortonville Peconstruct T.3 59 to the South Dakota Border to the standard cf Benson to T.H. 59 COKSTUUCTION SCHIDULRD Improvement Zone I I-494 to Delano Improvement Zone II Delano to Cokato Resurface/Recondition Cokato to M..',,ne Impxovement Zone III Cokato to Litchfieli Grede/surface Darwin to Dasse'_1 19ni 2.coo Grade ;'surface Dassell to-Ccksto i991 ,ouo 3,000.000. Recondition/intersection revision- in Litchfield 1963 900.000 Improvement Zone IT Litchfield to Willmar Replace railroad bridge near Atwater 198R 1,200,000 Resurface/Recondition Willmar to Attiater 1989 2,2ao,0oo. Improvement Zone t Willmar to Benson Resurface/recondition 2.2 miles thru Wil:err 193' 8C0,000. Improvement Zone ►I Benson to Ortonville t 1, :.: 2 ', ♦ hut' .. •` i �`. L\ �' M c ry L` HIS MAP • SFi4z��n, A(D C. / ` t�1 J Z .� r { Ardinn;wr (�...rvw AP'D { Q 1 c �J \ - lndrprndenc� INDEPENDENCE It J i 7i— ;- i Mao[ rvi • L •idale= -'� �LC►\G LAKE t 1 C. - �� STUBBSa GRCi`:C) _ V_ _ BAYo French • Lak .i NORTH AXWELL Lat© TrrwBor !i::1 ,i,t ^.r L ."t BA} f / J J Lair` .+ _ 3 t BAY ARM ►q. R.- 'C `E.1.tINGS �f _ :''- 5A411TNr`� SIO�DLA Long. \ HAY !+ t� JIf RaY' CRYSTAL PAY a.� t Dutch Leke o I .rr� *I:OAa1 WF ARM �. - M)NNETONK/L. .• BEACH / • SPRING ���-" ' ' LAKE AlIN ETONKA - ,~ PARS ' ,or ii',a:rfar/ ` "•, �,�._.. i" a1-,BE r0r ,o8 } , _r i i F7TE %, f R � City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION REGARDING HIGHWAY 12 TASK FORCE WHER A'S, the portion of Iiighway 12 in the City of Orono which currently is approaching its design capacity at certain points ani the traffic volume on the road is expected to grow at 5 percent per year until the year 2000, anal WHEREAS, the City of Orono together with the City of Long Lake adopted Resolution No. 2039 on September 25, 1986 citing safety concerns and requesting the Minnesota Department of Transportation to review the area to address those concerns, and WHEREAS, the Minnesota Department_ of Transportation has indicated that it anticipates no upgrade of any significance to Highway l2 in the foreseeable future, and WHEREAS, the Willmar Chamber of Commerce is heading a Task Force composed of five counties and 21 communities to have Highway 12 upgraded to a four lane freeway, and WIT:=AS, there were discussions of an upgrade of Highway 12 to a four lane in the la'_e '60's and early '70's with an alternative route selected through the community, and WHEREAS, the C:ty of C` ; a does have c�r,cerns . e-,,3rdinq the route and the extent of any upgrade to Highway 12 i� relates to properties anO access in the community. NOW, THEREFORE BE IT RESOLVED, that the City of Orono requests that the rinnesota Department of Transportation develop a;ternati•.e designs in the current corridor together with alternative corridors to address safety concerns at both the current and anticipated traffic volumes over the next 20 years, an HE IT FURTHER RESOLVED, that such alternatives be reviewed by the City of Orono for appropriate comment, and HE IT FURTHER RP.SOLVRD, that the City of Orono, while in support of imprc v(rr1 nr,; •o Highway 12 that would maintain a safe Cite of ORONO RESOLUTION OF THE CITY COUNCIL NO. use level in consideration of the anticipated traffic volume, does reserve committing support to a single alternative to satisfy anticipated problems until all the alternatives have een rev iewer' . Adopted by the City Council of e City of Orono, tlinnesota, this 23rd day of February, 1987. James Tk. Gra-&7K, Mayor ATTEST: Dorothy M. Hallin, City Clerk 21287.8 / WEETING F-ED 231987 TO: Mayor and City Council � Q 4 &de OR®NO FROM: Mark Bernhardson, City Administrator DATE: February 1.2, 1.987 ,j SUBJECT: Hennepin Parks - LaE:e "linnetonk..i Regional Par � Attachments: A. City of Orono i,etter Dated 11/ 25/86 B. Administrator's information Part A Dated 2/4/87 C. Fxerpt from City of Orono Comprehensive Manacaement Plan ISSU^ - Review the City's position regarding Hennepin Parks cjevelopment of a Regional Park on Lake Minnetonk..,. T"'PRODUCTION - As noted in Attachment A the City is on record opposing additional access to Lake llinnetonka as part of a Regional nark and that ,any siting of. a Regional Park is really an issue for the host community. The City has also indicate) to Hennepin Parks that should Hennepin Parks replace DNR formally as a sting authority for access on the lake together with gaining operati(..nal control of the other accesses on the lake that such control would he viewed in a better light than additional access unc;-r the pr.es-:,:ct arrangement. )iisn,? on work, this fall as noted in Attachment B, Hennepin Parks has gone ahead with their study for the Regional Park together with public hearings and Hennepin -Larks January 22, 1987 meeting directed an application for funding for acquisition of a Regional Park he d,rectec: tc Metro Council. Metre Cc.uncil is currently considering the request and if agreed to wiil be making a request of the 1987 Legislature. ►lennepin Pars.s has indicated their interest in exploring this matter further with the City of Orono regarding the Regional Park to see if the progress they have male to date is in an acceptable direction for Orono and if they .ire able to gain more "local" control aver access, w(-,uld the City be in a position of supporting a Regional Park and an access in Zone 5 together with 1), ssible inclusion of Biy Island Veteran's Camp should it he s(.)ld in this arrangement. Neil 'defier and Vern llartenburg will be availahle for any comments nr discussion that Councilmemt,ecs may have at this point. RECOMII :NDATION - it is staffs r--(,mmen.lation that the City of Orono not oppo:3p the Regional !,,irk or thi additional access in 'Lone 5 to the extent nat ile;inepin harks is wile to take over all of the operation of puhl ic• accesses and that appropriate fees be charged to operate those accesses with a f, rma ; agreement from nNpt that theyy wi11 -11low either Hennepin Parks oc LMcn to be the hu .114- a, cesS tutli(.rity on Lake Minnctcrka. -ldditionally it is recommended that shr.,uld Hennepin Parks acquire ►3ig Island Veteran's Camp as a portion of the site f-)r a Regional Park that i-Iennepin Parks work in close conjunction with the City not only in development of the Park but also in selection of a staging site for the Park should they be looking at a site in Orom,. PROPOSED MOTION - floved by _, seconded by , that the Council direct staff in any revision to their position regarding Regional Park together with Big Island as part of that Park. Ayes Na; s cc: David Latvaaho Neil Weber Marty Jessen Jo7llen Hurr CITY of ORONO Post Office 1iox 660Cryatal flay, Minnesota 553L3•Municipal Offices On the North Shore of hake Minnetonka November 25, 1986 Mr. Dave La'vaaho Board of Commissioners Hennepin Parks 12615 County Road 9 P.O. Box 41320 Plymouth, MN 55441 Re: Hennepin Parks - Lake Minnetonka Involvement Dear Chairman Latvaaho, Having reviewed the general outline regarding Hennepin Parks involvement on Lake Minnetonka the City of Orono submits the following issues, concerns an�i positions. ADDITIONAL_ ACCESS/LAKE MINNETONKA - The Cite of Orono in its recently adopted legislative package has taken the position t:.at any additional. access or, the lake is not desirable, as it will increase congestion on an already unsafe lake. It is expected that additional access will not redistribute current users on the lake but will attract additional public access users. While an access placed on ' he lake in Zone 5 icy iiennepin Parks may be a more desirable option as part of a regional park then the site promoted by the Department of Natural Resources; the City may only consider support of the access by Hennepin Parks to the extant that Hennepin Parks is able to replace DNB's presence on the lake as it relates to access. The proposal may also gain broader acceptance to the extent all the public accesses wr,re taken over by Hennepin Parks and ope.rateo on a fee basis. LOC_'1_L_CONTROL /HENNEPIN PARKS LAKE MINNET_ONKA INVOLVEMENT_ - The most significant issue in increased presence by Hennepin Parks is the degree of control which the municipalities and perhaps LMCD will have in the expanded involvement of Hennepin Parks on the lake. To the extent that He- -1,,n Parks works on a cooperative basis with some guarantees that the local municipality rill have a significant say in the deign of park facilities within its houndaric-,, the City of Oronf) and Hennepin Parks would be in a more cooperative position regarding the lake than is KI1101M.R/1►41V(. 4717137 • Ai)m i% is rk A i io% & F 1% 4 %ct 471713e PURIK WORKS - 471 7159 ASStSsl%(' mr. Dave Latvaaho Page 2 November 25, 1S86 currently fount: with the State's Department of Natural Resource!;. To the ex',:ent however, that the municipalities are not able to ex,srcise any such control or at least coopera'. ion, the sur,planting of DNR by Hennepin Parks does not meet the objectives of the City of Orono. BIG I:'iAND - LEVEL OF PARK ACTIVITY_ - The City of Orono has for r•,mber of years taken the position that both Big Island and Deering Island would most appropriately be used as z, public park. During the recent efforts t,y the Board of Governors to rehabilitate the Veteran's Camp on the Island, the Orono Council has taken the position that if thf: Big Island Board of Governors is able to redevelop the ca.:ip in a reasonable period of time and such rehabilitation is in compliance with all existing ordinances and codes, that they would be allowed to have first opportunity to do that. Absent that being accomplished however, the Council's position is that it should be under public ownership. As the Veterans' Camp is not the only land on the ;.sland, it is appropriate that Hennepin Parks delineate the extent of acquisition on the Island and also discuss these issues with the Homeowners Association on the island. The City would like to be actively involved should there be acquisition of any property by Hennepin Parks together with irvolvement in establishing the level of activity for the island. DEERING ISLAND - As noted above the Council's position is than Deering Island is best held in public ownership, with, Hennepin Parks be=ng the mcst appropriate agency. Orono is aware of Hennepin Parks interest in acquiring this property however, the present price of the property may understandably bar Hennepin Parks acquisition of the property. It is the City's desire should Deering Isl -nd come into Park ownership however, that the nature of !e activities be extremely limited, even to the extent i a t the island be retained as a preserve. STAGING AREAS FOR ISLAND ACCESS - In order to use Big Island at a_M-6aesE IeIiel of activity, an area for non -boat owners is needed so that they may gain access to the island. tzarinas anal accesses are about the only land on the lake suit `>le to such use in reasonable proximity to the island. Prior to acquisition of any staging area the Park District should work with the "Host" community as to type and level of use. Such would require a significant amount of parking and it is anticipated that it would necessitate outright acquisition of a marina by Hennepin Parks. Hennepin Parks presence on Lake. Minnetonka, as a regional entity would he deemed positive to the extent that it allows for more Mr. Dave Page 3 November Latvaaho 25, 1986 local control of issues of access, safety and utilization of Lake Minnetonka as a unique natural resource. The City stands ready to respond further as to the scope and nature of the Parks involvement beyond this general stage particularly as it relates to any further activities within the City of Orono. The City is opposed to any additional access on the lake. The siting of a regional park in zone 5 is appropriately addressed by the communities most directly affected. While a regional park on the Lake may be an excellent benefit to those who are not currently boaters, it may well exacerbate a primary City concern relating to the recreational use of the lake, that being on conduct of boating activity on the lake. inceiLh 41"1 t, a kdson City Administrator cc: Marty Jessen, Hennepin County Park Reserve JoEllen Hurr, LMCD Representative Jack Mauritz, Metropolitan Council Neil Weber 2487.5 TO: Mayor and City Council FROM: Mark Bernhardson, City DATE: February 4, 1987 i Administrato�� SUBJECT: Administrator's Information LAKE MINN';TONKA - HENNEPIN PARKS REGIONAL PARKS PROPOSAL - Attachecj please find r letter from David Latvaaho Chairman of the 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 a,ldressed in this project would be as follows : a. Regional. Park - Southwest Qua,'rant of the Lake - This would be a park of approximately 20G1 to 300 acres which may a`-)ut their Carver County Reserve. This would have access either onto Harrison or Smithtown Bay (or both). In orLler 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 Minnetri-ta 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 ,levelopmrnt of the park. . 1iq Island - The second aspect of the "Park" would he the possibility of acquisition of the Big Island 13car.1 of Governors Camp for utilization primarily as a recreation site for non -boater access. Hennepin Parks at this tire remains interested in acquisition in the property anel in addition to acquiring such a property (which the Boar,? of Governors has indicated they are no* willing to sell) the Hennepin Parks would be looking at a staging area at which the usc, rs of the Big Island Park would park and he ferried out to the island. It is esti-ated that they WCA11 l need up'c 250 car parking lot (aphroxim,.itely 2 to 3 acres). Possible sites could inrl,_ide •arc_els of tax furfr,i'ei property in proximity to the 'ake, marinas or other priv-itr property. Initial ind icat ions f ror,. Hennepin Parks :its, that Wayzata, Orono and T:x^Plsi,,r woul,l 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 further progress has been made in relationship to the property owner and the rerouting across that property of Orono Lane. No further action has been taken at this time. FACILITIES STUDY - In response to the City's request for proposal 3 additional proposals have been recieved from architects 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 received complaints regarding the numerous times the bells are ?jeing rung by Trinity Church at the corner of North Brown Road and County Road 6. These complaints were received from a couple the neighbors in the area. At the time the Chief of Police was able to develop a solution that was amenable to the parties and imple;~.ented by the Church. During the Christmas season however, the frequency of bells did increase and at least one of the complaining neighbors was out of tc:wn for approximately three tie e1;s. Upon their return they indicated that while Christmas season ma �)e 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 resolving it for the neighbors, as noted in the attached letter, staff will be forwarding this issue to you for further consideration. GOVERNOR'S TAX PROPOSAI. - Attached please find an article briefly outlining some of the 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 categor ies and that lump all of this together for property tax relief, but targeted as "educational crce:its". This effectively places the municipaliti-s back on the property tax anal other locally generated revenues. It substantially reduces the school's share and amount of money raised from the property tax. -he interesting part of this proposal which does reduce the number of classifications of property from 65 down tot is that the City Council 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 Council can reduce the taxes of any one classification of property by up to 29%. SUCh a move wou.4: shift the clammer for property tax relief from the legislature back to the 800 municipalities in the state. If ena.'*tvd the anti,-ipated scenario could !,e that the meeting at which the Council decides which classes jet the property tax rpl ief wou?(1 he the best attenued Council meetings of the year. As therf, has n()t been overwhelming support at this time from the majority party in the legislature the lobbying groups for the cities have not been actively in opposition to this proposal, but have only been studying the proposal. While the proposal does provide for greater local accountability both 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 Federal Trade Commission signed a consent decree with Mr. Ulrich which would unfreeze his assets as they relate to the construction of the house. This was signed on January 16, 1987 and within the following week construction recommenced on the Ulrich property. Thy, City continues to explore possible alternatives to deal with such structures and ,,vill present such recommendations to you at your March 23, 1987 iectin,,. COUNTTIYSID^ SECOND ADDITION - As you may recall the Countryside =,econd Addition work had 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 completeu 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 obtaining estimates and contractors to do the work once the bond revocation has been completed . CITY OF ORO_NO STATISTICAL UPDATE - Attached is the statistical information as of.�the end of the year 1986 indicating population, amount of construction, market and a-ssesseo value together with the increases in expenditures, taxes etc. ADHINISTRATOR'S GOAL SETTING - Attached please find the monthly update for the ArTW-11—nistraC-o s goal setting for January 1987. HENNEPIN PARKS Suburban Hennepin Regional Park District 12615 County Rnod V V O Bo r 417Jr1 Plymouth. MN 55441 Telephone(612) 559.9000 Board of Commissioners Dovid latvooho hirl*y A. Bonin* C"l, Mncir Plo.•, Ju 4A S. And*rwn Wil Tom M. Boynton Nitha los Eololl K.b. mStlWe George B H.ckey 1WidPr. vah- Nett Veber rs. . Vern J. Ho, tenbwy ono,' January 26, 1987 Mayor .lmes 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 Minnetonka. At t,re Board meeting on January 22 we directed our staff to prepare a master plan 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 needed 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 this very important initiative. Should you wish addition.,l information, please contact Marty Jessen, Associate Superintendent fcr Hennepin Parts, 559-6746. If you would like to appear at either of the meetings on February 5th or 19th, we would welcome your continued interest and participation. Sincerely, J -1 David Latvaaho Chairman of the Board of Commissioners DL:nm enclosure January 22, 1987 HENNEPIN PARKS Planning for a Regional Park Entity on Lake Minnetonka Preliminary Assessment by the Board of Commissioners QACK�RQUND 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 tour of the area was arranged and Park District staff has been analyzing various issues related to this effort. At the January 8, 1987 Hennepin Parks Board of Commissioners Meeting, the 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. 1. HAS THE MAD AND QQMMV I I ��1PPQRT BEEN ADF--Q TELY DEM�NTRATED? 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 mufA use and would satisfy current deficiencies for recreation services. Generally, the public expressed support during the series of eight public meetings. There were some reservations as to the appropriate regulation for boats on the Lake, but generally people support;d 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 Zone 5 of Lake Minnetonka, thus resolving the longstanding issue between DNR and the City of Minnetrista. 2. IF_SO, HQWLMUCH_LANQ HQULD BE ACQUIRED FOR A REGIONAL PARK _IN THE SQUTHWE51 AR_E _Q_F THE LAKE? 292 ACRES (with possible additional acquisit'on 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 be provided, satisfying fully the need for additional access in Zone 5. Acquisition of 292 acres provides for complete integration between Lake Minnetonka Regional Park and Carver Park Reserve. Acquisition of 292 acres provides for additional land for future expansion of recreation facilities and adequate buffers from adjoining land uses and some natural resource management activities. The Board views the acquisition of the Blarch Parcel as desirable. Specifically, we wish to pursue with them the possibility of acquiring all er- a portion of their property, now or in the future. - 2 - 3. HOW MANY_ BOATSHOULD_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 he done in a way that will minimize congestion and impact on the natural resource. 4. kHAT REGULATIONS FOR LAKEUSE__5NWLD BE ENA-CTED BY THE LAKE MINNETONKA_ CAN RVATION DISTRIQT? A study is needed LMCD has indicated that 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. 5. WHAT ARE THE RECREATION FACILIT?ES AND SERVICE THAT ARE ',-EEDED AND/ R DESIRED? 1. Boat access 2. Fishing 3. Picnicking 4. Swimming 5. Cross -Country Skiing, Biking and Hiking and other trail uses 6 Historical Center and Interpretation 7. Camping The above list is indicated in priority order based on previous analysis (Issue #1) of need and the opportunity to satisfy need on this site. Camping is limited to camping on Wawatasso Island using the Lake Minnetonka Regional Park as the point to access the Lake and Island - not for camping within the park. 6. H w QAN_,_THI.� REA__.QELNTE( RATED WITH_QAF PARK RESERVE? Trails can be connected. Carver Park Reserve naturalists will provide programs. Maintenance services will be provided from Carver Park Reser e. Acquisition of the 292 acre alternative provides for extensive frontage along Highway 7 allowing for complete integration or the two park units. 7. WHAT_QAN_Ei.E _C,QNE l_Q_.ADDR.MINNETR.L_ TA-_ E_T21T� QiJMPREHEN$I_VE_P�AN,_ANC� �QS QF ANT IPATEC_ F TUR _TAX MA Land will be substituted within the MUSA line for future development Tax equilivalency payments will be made County Road 44 will be realigned Minnesota UNR should convey the Kin( Point Road Site to Minnetrista Hennepin Parks will pay oft all outstanding special assessments in cash at the time of purchase - 3 - Minnetrista has estimated a potential future tax loss of $406,000, assuming full development of the entire 382-acre search area. This is based on fairly intense development whi-.h is not likely to occur in the near future. The Metropolitan Council has indicated that they will substitutp other land in Minnetrista for future urban development for land taken as a rt:sult of regional park acquisition. 8. HQW , v_NEPIN_PARKS wQRK_WITH TH-E BIG I LAND_VETERAN'S�AMP BOARD_(�F GQV_U .. tQ kQMM,PLI H REGIONAL PARK._QBJECTIVES _Q_N BIG _ISLAND? Another offer to purchase will be made Hennepin Parks has previously offered to purchase the land, and the Big Island Veteran's Camp Board of Governors has declined the offer. Hennepi. Parks will again indicate its desire to acquire the property and continue to work with the City of Orono so that this land can be utilized for public recreational purposes. 9. WHIR WOULD A TAQI'jQ AREA BE B' T LOCATED AND MQ�T_FEASIBLF.? 1. Downtown Excelsior 2. Downtown Wayzata 3. An existing private marina The City of Orono suggested that Hennepin Parks consider a private marina a= staging area for a shuttle boat to take people fo Big Island Regional Park. Parking for 200 t 250 cars is needed at a staging area. It is unknown whether an existing marina would provide enough skate 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. 10. WHAT Age_ THE_�Q�T_H�W .QAN THEY BE PHA�EQ AN_Q_HQW�("AN THEY_ B. F�J!��Q? 1. Acquisition costs - $7 to $8 million dollars 2. Assessments - $124,000 3. Park Development - $2 million di iiars (first phase) 4. Realignment on County Road 44 - y50J,000 (for grading, base work and a grade -separated crossing) 5. Relationship to Carver Park Reserve - $350,000 (trail extensions, main- tenance facility expansion, expansion of the Lake Auburn Campground and acquisition of land between the two park units, plus enhancement) 6. Grade -separated crossing of Highway 7 -- $250,000 Phasing could be done in the following general categories� Phase 1 Land acquisition and special assessments Phase 2 Pasic park development (including realignment on County Road 44) Phase 3 integration of Lake Minnetonka Kpgional Park. anrj Carver Park Reservp. 1 . i+HPT A;.r r, 1. ;,±ii�RE r "F--_ THE. l_'�J..UE(C A(rLNC.I _IN4'Q�V. �,._ ._.HENNEPjN PI,R" `` ME ; R )Nf. t;KS _N-D--QPEN _PA_� CQ+�M�.SLQN Hennepin Parks will report its final conclusions to the appropriate agencies in February for their review and action where necessary LAU_ -U L PRIVATE OPEN SPACE JUNE, 1980 1, significant amount of the recreation -open space in Orono is that controlled by private golf and country clubs. Large acreages are are owned by the Wayzata Country Club, Woodhill Country Club, and Lakeview Golf Course. While technically private, these areas provide open space benefits to all nearby residents plus active recreational facilities for many Orono and lake area citizens. LAKE MINNE 014K.A ISLANDS Land on Bic Island, Mahpiyata Island and Deering Island has been privately owned for years and has been number of seasonal cottages plus a few of Orono cannot provide cost effective islands. Homes have been lost because are significant, sanitation and garbage transportation problems are difficult. been the policy of the City to encourag of the islands as recreational resource used for a significant year-round homes. The C,.ty public services these of fire, vanda -ates problems exis, .d Therefore, 4t has long e eventual public ownership s for general lake users. The Cit,, continues to encourage control by the Hennepin County Pa-rk Reserve as the most appropriate agency for this purpose. The City understands that this conversion is a necessarily slow process. The City does not intend to encourage condemnat4on or active acquisition programs. The City doe-- encourage the Park Recerve to acquire any and all island property as it becomes available. In the interim, the City will continue to allow rural residential land use subject to strict enforcement of all performance standards and the explicit understanding that the City will never be able to provide even basic public services. 11 21987.4 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator �`�'�►� ��'`�' `�� � DA'"F: February 19, 1987 V E D 23 1'j87 SUBJECT: Facilities Study INUO Attachi:ients: A. Facilities Study Memo Dates 10/21/86 B. Orono Municipal Facilities Request for Proposal Cate(', 12/24/86 C. Facilities Study Memo Updated 9/15/86 D. Proposal From Boarman & Ass ates Dated 1/20/87 F. proposal Frem Korsunsky K Dated 1/20/87 F. Lindberg -Pierce Dated 1,2. G. 9onestroo Proposal Dated 10/17/86 ISSUE - Presentation of proposals regarding facility study together with adoption of procedure for those studies. INTRODUCTION - At Council's October 20, 1986 Council meeting staff presented a proposal for a space study together with a conceptual study of three options for a new City facility as proposed by Benestroo. At that meeting Council directed that additional proposals he sought. Staff put together a request for proposal that was sent out to approximately six other architectural firms who had indicated interest and received back three additional proposals. (Attachments D, E and F) DISCUSSION - The request for proposal Attachment B sought a study similar to what had been outlined in the Bonestroo proposal from the various architectural firms. As a request proposal this is not a `,,id therefore there is some flexibility in the services being proposed and no requirement that it go to "the lowest" quoting party. Fun(ling for an,,, su(•h study would come from the City's Building Construction Fund which was initiated back in 1982 and which - -irrently has a $129,000 fund balance. The proposals generally outlined as far a dollars are concerned are as follows: I.TT.PIIA ' . . ALTERNATI'. L STY NA1.: CITY IIIALL P-1ICY ' PRI'SENT SI'11, PUBLIC W' n •'n:''A: 1 RN{, VE SITE ALTERNAT 4, 1.1/0 12.10 25,eea 30,009 46.600 • Ir.tiv.•s + a:tFcnativra scan tot a.. 3 alternat 111ci I.SP1 1,000 16.000 ,;.I PwrP! ^ 10 S AM I: A, 1. AI. NuRr N'.`T - � I.XC LED E1CY jo % 1 The dollars however., reflect only a portion of the story and the services in each proposal need to be outlined in more depth to Counci lmerrbers. As such, it is proposed that Counci l's last meeting in march allow time for each of the proponents to present about a 5-1.0 minute discussion of their proposal and answer any questions Council may have regarding those proposals. Following that there be consideration of these proposals at either the first or second Council meeting in April. As noted in Attachment C the general outline would incoprorate both steps 3 and 5. It is proposed that this portion of the sturiy Le gone ahead with and that once the consultants have completed their work, that a citizens task force of approximately 5 to 7 individuals be appointed by Council to review these studies and give to Council recommendation regarding the following issues: - Determination of the City need for altered facilities - If facilities are to be altered, which approach or alternative would be best - A means of financing any proposed alteration - Process to initiate recommendations Following this task 'force it would then be up to the Council to decide whether they want to go ahead with any recommended alteration or not and if the decision to go ahead is made, the appropriate method, may it be through an informational and public hearing route or through an informational and bond referendum route. RECOMMENDATION - It is sta.:f's recommendation that the Council accept the information and that the item be tabled until the seccn-' meeting in March at which time the four proponents would present a short outline of their services in relationship to the stut.y together pith answering any questions Councilmembers may have. Following the presentation it is recommended Council tall,le it until a sul-sec.luent meeting for possible selection of a c, nsultant. PROPOSED MOT10M - Moved by , sc,conded by , to accept the information reyartlinj th— proposals on facility study and that thO itr r� hc� tah 1 (�d until. the last meet i nc3 in [larch at which time the proponents wt i'Ld ri-ik prr _ entst ion. ",yc>s , Nuys cc: 3onestr<.,o [3oarman 102186.2 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator, DATE: October 21, 1986 SUBJECT: Facilities Study - Consultant Analysis ISSUE_ - At this junction of the facilities study does the Council feel it appropriate to: A. Hire outside consultant to perform parts of the study B. what items does Council desire to authorize to study C. Is it appropriate to have the City's contracting engineering firm to do the work or does the Council desire alternate proposals from other vendors DISCUSSION - Attached is the requested detail outline of the various steps of the study that the consultant would undertake to determine the City's space needs together with determining alternate cost arrangements based on preliminary design sketches. As noted one of the proposals does include a complete review of the existing buildings however as noted they do not feel that the entire code compliance review is appropri--e given their preliminary review of the buildings. At this point in the facilities study and given the nature of total project since this is under $9,000 it is staff's recommendation that the work be done by the City's consulting engineer and that should the City get to the point that they want to do further design work that at that point it be placed for request proposals from additional firms. RECOMMENDATION - It is staff's recommendation that the following items tie contracted with the City's consulting engineer: +. Spac(- ,ram study 11-11,800. B.2 Adaptation and Re -use - currant facilities $1,i300. C. New Pul7llc Works I.)ull ling on city ('rri,,..i,800. 1). Coinhi nee City 11al 1,'Pu[ 1 i PROPOSED MOTION - Moved by seconded t)y to direct the City's consulting engineer t3 undertake items A, B.2, C anJ D as the next step in the City's facilitiE!; study. Ayes , Nays 1 Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 St. Paul, MN 55113 612-636-4600 October 17, 1986 Mr. Mark Bernhardson City Administrator City of Orono Box 66 Crystal Bay, MN 55323 9 Engineers & Architects Re: Proposed Studies - Orono Municipal Buildings File No. 13929 Dear Mark, (hro G Annnh�N/. 1' L Nuhrn W. Nwrar, P1 /u,rph C. Andrlhk. P f.. N•adJord A. 1 nnbrr,,. P L N.rhurd£. rurnr.. 1'. L. James C. Ubun, I'.f Glenn R. Cau*, P £ Aruh A Gwdun, P L 1 hum., L. Nuyei. P L R 1. hmd W, fo,rrr. P£ Nunes G. S,'AM." hr, P L ,Nurrm L. Sanwa. P £ Uunald C Rurlardr. P L lnry A. 11—lrlun, P L AfurA A Haman, P L. Ind A. Ar/d. P.£. Af„ hurl 1'. Ruul.eahn, P £. Howl R PJefleflr. "L Uurrd U 1. wA wu, P L 16oma( of Hntnun, P L At,, hurl('. Lyn, A. P.L. Amen L Ndla, P.E. - James R Afaland. P£. A rnnrrh P. And"'Im. P L. Ardh A. fla,hmann. P-L. Afar* R. Rul/3, P L', Ruben C. N-MrA, A. LA. lha nas £. An,,.,. P.£. S, u11 L. YounX, P L. Chark, A LrnA,un Lev At Pawd,Ay 11uriO4 At. Ulwa Sumo At £bedin It was a pleasure meeting with you to discuss your potential building proj- ect. We would be very happy to work with you. Our office has substantial ex- perience in the building types you're talking about and are also familiar with the Orono area. At your re(juest, we have broken our proposal down into four phases. Phase A would have to be done before any of the other three could be started. The other three phases, B, C and D, are independent of each other and could each ',e pursued separately. jur proposal is as follows: PHASE A - PROJECT PROGRAM Our firm would prepare a Project Program for a City Hall, including Police Station and Public Works Building following standard architectural prac- tices. The program would include a list of required spaces (the net size and necessary equipment would be listed for each space); a statement of overall space requirements that includes an allowance for structure, cir- culation, space, etc.; a checklist of design criteria; a project statement summarizing the overall project goals and objectives; a brief code analy- sis; and an approximate statement of prohable cost based on square -foot costs of similar buildings. The Project Program would be based on input from you and your staff and our own experience with silaiIar buildings. Our fe, for this ph.V;0 of the work wou1,3 be $1,800.0.). HZ01d 30 Year Anniversary City of Orono Orono, MN October 17, 1986 PHASE B-_FEASIBILITY REPORT ON EXPANDING EXISTING FACILITIES_ This report would consist of two pr.rts: PHASE B.1 - CODE AND STRUCTURAL ANALYSIS OF EXISTING BUILDINGS In this part of the project, we would address ourselves to the condition of the existing buildings. Building code compliance would be our first concern. T':e major issues would be: 1. Fire exiting. 2. Fire-resistant construction (where required). 3. Alarm systems. 4. Handi-capped accessibility. 5. Energy code compliance. 6. Ventilation (especially in garage spaces). 7. Detailed requirements for the various occupancies. A structural analysis would also be performed. It would examine the con- dition and designed strength of all major components. The existing build- ings are largely wood and thus are especially vulnerable to problems from age, moisture, etc. It is also not unusual to find existing buildings whose structural systems do not meet current codes. Deficiencies must be iuentified early in the design process so that the cost of their remedies can be included in feasibility analyses. Our fee for this phase of the work would be $3,600.00. We would draft diagrammatic as -built drawings as part of this work. (NOTE: Based on a brief field trip to your facilities, we feel certain that they have serious problems with code compliance. These problems seem obvious to us without detailed study. We will be more than happy to per- form this study. However, you should be aware that many conclusions can be drawn without a detailed analysis.) PHASE. B.2 - ADAPTATION AND RE -USE This report would take the Project Program developed in Phase A and apply it to the existing city buildings. The object is t-) see what, if any, city buildings could be incorporated into the building program. Our re- port would define how much remodeling of existing buildings and how much new construction would be needed to accommodate the Project Program on this site. We would include approximate cost estimates based on square - footage costs. Diagrammatic sketches would graphically illustrate report conclusions. Our foo for this phase of tho work would be $1,800.00. PHASE: C - NEW PUBLIC WORKS BUILDING ON CI.'1'Y POND SITE: This report would examine th! feasibility of building, a new Public Works Building on the land the city owns ni—L to t.Vie se Ltling pond. City office and police fullet:ion ; would be cIt the current city'h:111 site. 8201d City of Orono Orono, MN October 17, 1986 This report would be similar to Phase B in that a survey would have to be made to determine how much existing construction could be used and how much new building would have to be done at the existing city hall site. All work in this report would be designed to meet the Project Program de- veloped in Phase A. The report would include 'iagrammatic illustrations and square -foot cost estimates. Our fee for this phase of the work would be $1,800.00. PHASE D - COMBINED CITY HALL & PI'BLIC WORKS BUILDING ON NEW SITE The focus of this report would �e a totally new facility located on a com- pletely new site. City staff would specify a site to be used as a subject for the report. The building design would be based on the Project Program from Phase A. We would examine the advantages of a combined building ver- sus separate City Hall and Public Works Buildings on the same site. One layout would be selected. It would be illustrated diagrammatically and accompanied by square -foot estimates. Our fee for this phase of the work would be $1,800.00. In closing, let me emphasize that the purpose of these reports is to examine possibilities, compare options and define approximate costs. We will not be developing detailed designs. Instead, we will be gathering together enougn information on the various alternatives to choose one for further develop- ment. Please keep in mind that: 1. Phase A must be completed before Phase B, C or D could be pursued. 2. We plan to work closely with your staff throughout the design process but especially in Phase A to ensure that your needs are met. 3. All illustrations and designs will be diagrammatic in nature as is appro- priate for this stage of design. 4. Cost estimates will be based on square -foot figures (by necessity since detailed designs will not be prepared). This is a very exciting project and we would relcome the opportunity to work with you. All three of the proposed scenarios have some merit and we have no way of knowing at this point which is the proper course to pursue. But what- ever option turns out to be in the best interest of the citizens of Orono, our firm would be happy to carry it through to a successful conclusion. Respectfully submitted, BONESTROO, ROSENE, ANDF,RLIK & ASSOCIATES, INC. Robert C. R,jssrk, A.1. ,. R(:R: 1 i 8201d 12.1886.1 ORONO MM [CI PAL RliLIJI S'[' POR PROPOSAL The City of Orono currently utilizes a number of spaces for its administration, police, and public works operations. At present, most of the buildings that the City occupies are not in compliance with current Codes together with the fact that the City is quickly reaching a point �.ahere it needs to expand. At this time, the City is r,i.11.nlua'_ing alternatives to select the most appropriate course of action regarding its facilities in light of anticipated future development. As noted in the attached information, the City has dune a preliminary facilities assessment of the buildings together with a brief analysis of its space needs projected over the next 15 to 20 years. The City is currently doing a request for proposal to undertake a project program analysis to determine approximate square fo:)Lage needed together with a development and evaluation of three alternatives tc-,gether with approximate cost to undertake these alternatives. In brief, the alternatives are as follows: a) ^xp.ansion of the Existing Site - Undertaking the . _.--- - ---- -- — - - ne�,ssary remodeling and new-construction to accommodate the City project program on its current site in Crystal Bay for space needs for Public Works, City Offices, and ?olive Department. New Public Works Building_-iRemodeled/Addition on Current Crystal_Bay —Site - This would involve construction of a new public works building on a separate site, which for illustrative purposes is on a site the City currently owns on Old Crystal Bay Road. The balance of the project program for City Ha'1 and Police would be a combination of remodeling and new construction of its building at the Crystal Bay site. c) New Facilities on New Site - This would be the construction of anew facilities, either combined or connected, separate huildings for. Put-l.ic Works, and City Hall together with the Police. This -would be on a site from th" -urrc-rit Crystal Day site. The reason for these alternatives is to allow the City t ;pare these-)ptions, both regarding design, function, and also cost to help it 1etermine which direction to go. ATTACHMM'T i, Oi2ONO [IONICI► AL FAC ILITI1 3 I?age 2 Request Por Proposal: The request f.or proposal should include a pr ice for each prase delineated in the attached information. It is anticipated that these costs are not to exceed figures, and that should the firm getting the contract not expend the total amount that the City only be Pilled for time spent, in the total contract not by each phase selected. Additionally it should be mentioned that the City may only choose to take certain phases. Is understood that the project program is the necessary first phase, but the City, once the dollars for this request are known, may desire not to have the full range of alternatives examined at this time. It is anticipatei that the project program will follow standard architectural practices and that the level of detail for the various alternatives will give illustrative drawings supporting the recommendations together with approximate costs. The style of 5uilding the City is looking for, to the extent a new building is chosen for City Nall, is one of a residential. style nature that will fit in with tl;e large residential structures that are fo _s1 in the rural part of. the Community. It is anticipated that ie desired design for the public works building will be one that will be unobtrusive as possible, as it will Le located in one of two resiuential areas. RFP_Resoonse__ Dates_ It is requested that you respond by January 14, 1986 with the quotations that you would feel appropriate for the project outline for the attached information. If you have any further questions or comments, pleasse contract 'lark Bernhardson at 47.3-7357. ORONO HUNICI!•,..� FACILITY RIsQUHST FOR PROPOSAL APPENDIX A PHASE A - PROJECT PROGRAM - Analyze City Hall to include Police and Public Works huildin,;. - List of required spaces (the net size and necessary equipment for each space.) Overall space requirements. Project Statement/summarizing overall project goals and objectives. - Brief code analysis. - :.pproxirate statement of cunst-uction cost. This phase should include discussion with current staff regarling needs and desires for a new facility. PHASE B - FEASIBLITY REPORT - EXPANSION ON EXISTING SITE - Surve,, of structural soundness, eneLgy efficiency, handicapped access and overall code compliance. - Level of remodeling and new construction to accommodate and meet Project Program on site. To include diagrammatic illustrations for support conclusions an] square foot cost estimates. PHASE C - FEASIBILITY REPORT - SEPARATE PUBLIC WORKS/CITY HALL - New public Works building on separate City owne.i site to Project Program. - City Offices and Police in ::urrent City :fall site comhining remo,leling and new construction as needed to fit i.rcject program. - To inc l u-le i agrammat 1 - i t lust t at ions an,] square foot cost (!stimat—. P11ASE D - FEASIBILITY REPORT - COMBINED CITY HALL AND PUBLIC WORKS - New facility f,)r !I,, ;n(; Works on a complete new sit . ATTACHMENT A 'age 2 Appendix A - Examine advantages of combined building vs. connected separate buildings on same site. - To include diagrammatic illustrations and square foot cast estimates. ATTACHMENT A 91586.1 TO: Mayor and City Counc i 1 FROM: Mark Bernhardson, City Administrator`° DATE: September 15, 1986 SUBJECT: Facilities Assessment - Request for Fund Allocation As indicated at the last meeting I am requesting permission for allocation of $8,800 out of existing monies in the building fund for the Engineer to conduct an: a.) Analysis of existing buildings ai to repair and brirg into code compliance b.) Analysis of space needs for all City facilities. This request is made as in house City staff does not possess the expertise to do the zppropriate analysis. The request is made to give Council the needed background for a decision as to whether there is a Justifiable need to undertake a significant rehabilitations or replacement of all City facilities (Public Works, City Hall, Police, Council, etc.) Below is a list of steps for consideration of such a decision. This repreb-�nts the third step in the process which is a refinement of t� . u;:ocess in attachment F from the March 20, 1986 memo 4� facilit, u..:—ssment. 1. In a,..se faci . -s assessments 2. Pr, i.nary analyi, f needs, financing, etc. -4�3. Analysis o! needs * 4.. Determination of nee. - Co, � i 1 * 5. Analysis of possible site sts and preliminary design • 6. Determin. appropriate method of financing * 7. 5iolect preliminary site(s) d. j.) If funding requiring r,-,fer(2ndum - informational - Referendum * b.) If funding through other means - Publ i--; Hearing - Council decision 9. If approved * - Acquire site Additional shared tenants commitment * - Facility final design * - Did project * - Arrange financing * - Award project Complete Transfer * Indicates points requiring formal Council action Q; ITY 4 ORQ )N Post Office Box (AeCryst d Bay, Minnesota 55iZieMunicipal Officic< On the North Shore of Lake Minnetonka December 24, 1986 iCorsunsky Krank Erickson Architects 300 - 1st Avenue North "Iinneapolis, MN 55401 Subject: Request for Proposal City Facilities Study Space Study Attachments: A.) Request for Proposal B.) City Facilities Assessment Datud March 20, 1986 Dear Architects: The City of Orono is currently at th^ beginning of a facility s!:udy to determine its space needs, bot- currently and the next 10-15 years. Attached is an outline which we would like you to use in develo,, ing a written quotation for a study together with an outline of our current facilities and anticipated needs as we see them presently. It is requested that all requests for proposal responses be returned by January 20, 19'7 for consideration. Should you hav- any qucstions, comments or want to discuss this matter in person for expansion on material, please feel Free to contact me. Sincerely, 'lark Bernhardson City Administrator F ncIosurc' RVII DING & IONING - 473 7357 • AIMINIS fW', PON & I I%AN( 1 471 71N8 Pt HI W W(1RKS - 473-7359 ASSFSSINt; 91.586.1 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator DATE: September 15, 1986 SUBJECT: Facilities Assessment - Request for Fund Allocation As indicated at the last meeting I am requesting permiss.,on for allocation of $8,000 out of existing monies in the building fund for the Engineer to conduct an: a.) Analysis of existing buildings as to repair and bring into code compliance b.) Analysis of space needs for all City facilities. This request is made as in house City staff does not possess the expertise to do the appropriate analysis. The request is made to give Council the needed oackground for a decision as to whether there is a justifiable need to undertake a significant rehabilitations or replacement of all City facilities (Public Works, City Iiall, Police, Council, etc.) Below is a list of steps for consideration of such a decision. This represents the third step in the process which is a refinement of the process in attachment r from the March 20, 1986 memo in facilities assessment. 1. In house facilities assessments ?. Preliminary analysis of needs, financing, etc. * 3. Analysis of needs * 4. Determination of need - Council * 5. 7-;nalysis of possible site costs and preliminary design * 6. Determi,ie appropriate method o financing * '. S.!1C-ct preliminary site(s) d. _i.) If funding requiring referendum - Informational - Referi-�ndum * b.) If rid i ny throuoh oth-:2r [TIC 1111 - Public Hearing - { OUnr_ i l decision 1 9. If approved * - Acquire site Additiunal shared tenants commitment * - Facility final design * - Bid project * - Arrange financing * - Award project Complete Transfer * Indicates points req_iring formal Council action 2 0 21287.9 TO tlaycr and City Council r MEETING FROM: mark Bernhardson, City Administrator � -•'� � 3 1"$7 DATE: "ehruara 19, 1987 A7- ORONO SUBJECT: Liquor Ordinance Attachments: A. Sample of Letter Requesting Input From Churches B. Zoning Map Indicating Impact to Setbacks C. 7esponses From Churches ISSUE - If such a requirement is appropriate, determination of appropriate setback from churches for liquor licensee. INTRODUCTION - At the Council meeting of February 9, 1987 Council requested staff review with the churches affected what they would desire as a possible setback. Attachment A represents the letter request sent out to the four churches effected. DISCUSSION - Based on the responses the two chu; I—q in close proximity to the present or proposed commercial aL , Iwo have indicated that they desire to have a setback of 500 feet from their premises, although a followup conversation with Pastor Mulligan of G•ace Baptist indicated that while a setback maybe nice his primary objective is to prevent prolification of licenses in an area which would be covered by issuing only 2 licenses, in the City with a 1/2 mile radius between licenses.. As noted in the letter currently Jimmies Lounge, an on -sale liquor restaurant licensee, is within 200 feet of one of the churches and the current property the liquor store is on is 375 feet away. It is anticipated that the impact of a 500 foot li-iitstion would eliminate at least one potential buyer from the bidding together with the current liquor store site. RECOM MFNDATIJN - It is recommende:l that the setback from churches not be e s t a b I ish�2 d. PROPOSED MOTION - Moved by _, seconded by _, to only adopt a setback of 53 feet f rom schools. Ayes , Nays cc: Lorraine McGowan, Liquor St( re Manager interested Individuals Listing February 13, 1987 Reverend William)K. Grace Baptist Chruch Box 103 2380 Shadywood Road Navarre, MN 55392 (.IT1' of ORONO Post Offcc(.. Il(jx 669Crystal Bay, Minnesota 55323•Municipal Off)cex On the North Shore of Lake Minnetonka Mulligan of Navarre Dear Reverend Mulligan, As you may be aware the City of Orono is currently in the process of selling its Municipal Liquor Store and providing in ordinance a provision for licensing of Off -Sale establishments in the community. Currently it is anticipated that only twc licenses will be issued in the community and that one licensee will not be able to be closer than a half mile to another licensee. The reason for this letter is to as pertain whether you feel it would be appropriate to establiso a specific distance "setback" of any liquor licensee from ch,rches in the community. Currently the ordinance contains a 500 f,-)ot setback from public schools and it is not uncommon that suci, setbacks also include churches. Currently the City does have On -Sale in restaurants and one licensee in Navarre is currently within about 200 feet of a church. The City does not currentlN', have any setbacks for its On -Sale liquor from either churches o: schools. It is requested that you give a response by Thursday, FebruG*-y 19th for 'nclusion in the Cc-uncil's packet of infc>rmation. Your cooperation is greatly apprQci_,ted. Sincerelq,, Aatk 13erniardson City ,.h-nini�.trdtc-;r mrB/,ih Nt II I)I%G R /0NING - J" 1 , 157 • ADMUNIS IRAIION & HNA`CI 171-715H • Punt -IC WORkS - 473.7359 ASSMING MEDINA �7[! fit A4 13 QMr-7 ---UL AVENUE -*T T -MlA X 40 LAKE pig I GQA:1�1 MAP fl*m LANE A T WN 'lAO VOW LA x DIM coul�'2T' t.N— DR. de>od ?CiNia r. ABINGDONWAYw p-lp a ll� a jjj� 0 jjo 0 LAKE M!NNETQNKA is ISLAND ACtitE TT;; POINT R' A One Family Residential District 1 Acre 13113 One Family Residential District 1/2 Acre LR1A One Family Lakeshore Residential District : Act-, LRIBOne Family Lakeshore Residential District IAcre LR1COne Family Lakeshore Residential District 1'2Acre LR 1C7 One Family Lakeshore Residential Subdistrict t ? RR'1oA One Family Rural Resrdentiat District 5 Acres RR1E3 One Family Rural Residenna, District 2 Acres RR161One Family Rural Residential Subdisinct 2AC; RS Seasonal Recreational 5 Acres Retail Sales Business District Lakeshore Business District Shopping Center Business District Office And Professional Business District 1'm-ted Nc,ghborhood .,. Industrial District Ad^pted by Ordtr.d,,C .. _ .. Effective A,. amended ,y: W_ tit Ordinance 145 ,n:ne 14 i.�S•-1!OrdtnencC 1Y9, No,-:n...� -.:• v W Jtr S�Ordtnance ?01. OrtC.thc d , 1; y ` _ - e > 'tna•.te N16. ..anuaryb0 •t�+�. Q Ordinance 213. October ;'S, Ordinance 214, November 14. Ordinance 228, February 11, 19?0 ZE-�C Ordinance 236, Jonuary '2 �9 b, _j AVARRE AREA DETAIL MAP ISBERG _ _ _ Ak RIESENBERG �` n7_ L February 18, 1987 Mr. Mark Bernhardson City Administrator City of Orono F.O. Box 66 Crystal Bay, MN 55323 Dear Mr. Bernhardson: In response to your letter of February 13, 1987, I request that you enforce the ordinance that requires a 500 foot setback of Off -sale liquor establishmonts from public schools and to include churches. I also approve of an ordinance that would include a setback from schools and churches of On -sale liquor establishments. Thank you very much for your consideration. Yc�Grs) truly, Ro A. Creamer Pastor RAC:gcs cc Lyle McKinney, Chairman, Board of Trustees David Jellison, Chairman, Board of Elders 2420 Dunwoodv Ave. CalvaryMemorial ChurchWayzata, Minn. 55391 1 astor Roger A. Creamer. Church phone (612) 471-8511. Home hone 474-6587. P.O. BOX 103 NAVARHE, MINNLSO'fA 5`iA92 February 19, 1987 Dear Mr. Bernhardson, i Thank -you for the letter regarding the possibility of "setback" ordinances for "off -sale" liquor licenses. It is my opinion that there should definitely be a "setback" ordinance for all establishments that sell liquor whther "off sale' or "an sale". It would also (612) 471.9107 seem that 500 feet would be a good starting point, but the farther the distance the better. Furthermore, I feel that the distance between 2 "off sale" stores should be established at least a half a mile from each other. It would also seem best to est- ablish a definite number of "off sale" licenses. In your letter you stated that it is "anticipated" that only two licenses will be issued. I would urge the allowance of only one, but even before that,consider the fo1.lc�ri.ng: While distance (setbacks, etc.) is an important factor to consider, I feel a more important question needs to ;:c raised- Is there a legitimate need in our city to add any more licenses? According to police officials around the Lake area alcohol- ism and the abuse of alcohol has played a lame part in cri.r--� related incidents (on the road and in the ham). While in(`_Lviduals can abuse anything available to them ( and alcohol is certainly no exception) I don't see the need to make it more accessible than it already is at the present time. While the availability of alcoholic beverages in Orono may not be plentiful, the surrounding co=inities (Mound, Spring Park, Wayzata, Excelsior, Tang Lake, etc.) have them and a.re within reasonable driving distance to obtain them if so desired. Why add to it? I appreciate your concern that we be contacted and I trust my input will be of sox, help. Please let rx, 1m(xa if T can be of further assistance. Sincerely, ;?t✓ 411/C-aaw K hA.& Rev. William K. Milligan 21287.11 /1? TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato Y� DATE: February 12, 1987 SUBJECT: 1987 Compensation Package - Liquor Store ISSU;; - Establishment of compensation for liquor store employees. INTRODUCTION - Because of store performance in 1985 the City did not grant any raises for liquor store employees for 1986 nor have any been granted to date for 1987. In addition the City substantially cut back on the amount of time spent by the two liquor store clerks Pat Higus and Dian Ehrenberg. It was indicated to the liquor store employees that following the receipt of the 1986 performance that increases for 1987 would be recommended to Council together with establishment of incentives for 1987, until sale of the store. DISCUSSION - 1987 SALARY - Based on the store's perf -)rmance in 1986 and the Fa`cF that the City's return on investment had its ?iquor store cash invested would be about $10,000. The difference between that and what was actually made :)e split on a 50-50 basis and that this money be used as a guide in establishing sal., for 1987. Az such this would reflect approximately a ncrease for the three persons who are benefit earning ems (which is 2% above the combined 5; 1986 increase and the 87 increase received by other City employees) together an approximate 5% raise for the part- time employees. iiad -,ticipateci period of store operation in 1987 been longer the ercentage most probably would have be lower . OP7 RATIONAL INCENTIVES BONUS - In addition to increase for 1967 it is fe t appropr a e that incentives be established for the emple;,F�es if the cperation would excee,] last years performance. As such the following benchmarks arv- set (the benchmarks for April an,' May are estimates based on last year.; performance.) Benchmarks 1986 for 19' End of March (5385) End of April (Estimates) (5000) End of May (Estimated) (4500) Ern] of June (21 00 ) Whi'_c these represent all "loss" .!gures, (and was typical in that the City generally broke even or .--•xperienced a loss through June) and a sale prior to the traditional July breakeven wiIi hopefully realize more money for the City in the sale as the purchasers should have the profitable summer months to start of their business. Tt. is recommended that any performance that exceeds these past year benchmarks for the operation (both operational and investment Income) be split on a 50-50 basis between the City and the group of employees who are still employed upon the closing of the municipal store. In addition the formula for division among the employees is as follows: Lorraine McGowan 5 Pat Higus 2 Dian Ehrenberg 2 Blake Thies 1 Cris Fink 1 Rosemary Burmaster 1 14 In addition it is recommended that a benchmark be set for reduction of the inventory for the Liquor Store Manager. It is recommended that for every $5,000 reducti(ri below the first of the year $86,000 inventory that the Manager be awarded $ 100.00 not to exceed $50G.00 provided that the operation does better than the established benchmarks. RFCO"1t1rNDATION - It is recommended that the Council adopt the compensation plan for the liquor st,_re employees for 1937. PROPOSED MOTION - Moved by , seconded by I to adopt the compensation program for IT87 for liquor store employees directing staff to draft the appropriate resolution for adoption at the Council's first meeting in Marc`:. Ayes Nays 1 298 7.6 TO: Mayor - nd C i ,.y Council FROM: Mark Bernhards,)ji, y Idmi-istcatce DATE: Jane ..ry 29, 1987 SUBJECT: Public Information and Marketing # ING 1 3 2 n, ;;87 ISSUE - The issue! .n relation to the subject are A. Lypes of .nformation desired L direct �ommL• iation to community B. The alternative means of so communicating C. Cost of a monthly newsletter r! UC'i i CN - on an t —cas i ona 1 b, is u 1 r i the • a ,t ' ^ monf I vE su• mitte(I arti.ales and information a.L L,t' L.r, F uneer _ lciusi n on a space available on -is. A i=:11;• :ase have be recently tr- rmit�ed to the other `wo 1),3p(- Weston sailor and a 1 so the W Avzata Week ly 8 one o`_ the -;e are suhscr;ot- papers they do not nec. iv get to every househ -' ra-., r•r,,mmun:ry. In the pas- i on a sporadic -isis ha�.� also put out a newsletter, v e types of information i r.cluded in that .)I us the article have bee . .ecent:y put i,. the paper save beef) of a -ien background information natu! e and not one ;:hat sses cut r�. _ven`s. nI,)CUSSI.IN - Types :,f informatior ierally try to comirunicate tc their c( -amunities r, - Exp an&,ion of operat .1b _di.nanc .- a-,' ;rdin... _ 3►•'i• 14;'-',nation ro,ramb in(. registratic •c iation - L--1< term 'ire :ion .n ormati,,n Upcon.rng mec.':ings and agendas Significant r-cent Pven Certain type¢ of this . aformation ar., of a timele -s nature anu "ph( t i isrrittea Lo i.' community it has not alDays been a r. al i- e. Th-re has been an indicat'.on however, rNn the r of the - ,i ^ .'1 that hey would ke , se th it as _i meant ennender o ,Ubi ir• rticipat' ".he pcoc4-ss. To d this wcild r-;uirr a v ..uie that uiu provide Fo time' +jifor- i c. rpgular `,asi^ A suggesticn that may meet -his :ou:d tie a s%ort monthly new let• c-r that r.-,uld incorpvr .te p«!rh-1ps 'hrce itF-ms. Cent L c 1 1 actions aiJ other pe tinen C:'_y nct ?.,7ns Out l i :1 - I Upcoming Council issues (,' signi f icanis that aF'--t more than just abutting pr j)erty owners. - Crief. inform—.' .,nal items (explanation of some aspect o,' services; opur :r ions) , h format coul•-3 be dr)ne in ::,onewhat of a timely basis, however it- r".-iy not e-t^apsulate all of the significant items dune nor necessarily anticipate items cc,ming up in full in the nex,: month. Obviously r.nc danger is that tc, the extent that people assume that all. significant iss,.t s wi' 1. be identified prior to their consideration that one of two things tray happen: - Disgruntlement when the c ) u n c i 1 acts on a "signif-ican'-" item witho-1- pr- announcement. -- Delay in tit l.y considerat-ion of _n item pendin5 appropriate n,-:.ification in the newsletter. R7,GULIR NEWSLETTER - It is anticipated that such a news i,,ttc._ would have the following costs for each addition: Cc - Printing 3,0(31 copies - - M-i1i.nj $150.O0 - I ,,e1:3 10.00 Pr.intin, , -,abE-ling, 160.00 ioicling (1-8x:.l sheet) HT.RD r'OSTS $315.00 ,;oft Ccsts - Staff r,rel.aration $30.00 Sta C' 50.00 SOFT '(VT, $ f3(1 . 00 An 4lternati ✓,� to such costs may c, work more osely with the fuur newspapers that io cover t'-ommunity and a crimmitment f rom all of them c,r at least a,. .,ch a i -,ss i t do th i �% type of format to he included in a timely basis . it nevs-Japer. Chanhassen does somewhPt of this ty a of arranyem(•nt in the form of a newsletter in the South Shore Weekly, whip.►, :s done at specific advertising rates with that paper. It is anticipated ,hat su •h may cost up to a (-r)uple hunireu dollRrs por time, for each newspaper under this type of a r r .t-jr— A. '1ECC!J1EH7)'%TInN - Init ial ly it is rec.,mmended as ei her the hard o, ;oft costs of production arc currently budgeted that the City further explore with *— nEw-�pap-r:: puttiro- thi:-. types of format in the papers on a mur,rhly or bi-weekly ba:;is to see if this would achievo the type of results that a-e being looked fur. %fter trying this for six months' i ; ,-coa►mend- r-ion would then bF orth(,c,ming in conjunction wit'i ) 484 !,uc;yet pr r•Pgs. PROPOSED MOTTON - "Moved by , seconded by to direct staff to explore further means to comm ,nicate on as timely a basis as possible items of significance the Orono community in order to increase the public deliberatior of significant matters affecting the community and to bring barA a recommendation regarding a newsletter at the 1938 budget process. Aves , Nays 21287.10 01 TO: Mayor and City Council FROM: Mark Bernhardson, City DATE: Februar.v 12, 1987 F _l 2 3 i 87 Administrator VI► -, a[fir. SUBJECT: Hennepin Conservation District Legislation - County Wide Erosion and Sediment Control - County Wide Comprehensive Ground Water Protection Program ATTACHMENT: A. PreposeJ 11CD Legislation ISSUE - Determining Council support for Hennepin Conservation District proposed legislation. t[ITPODUCTION - Ne recently roce i vedi a copy of Attachment A outlining additional autholfity that the Hennerin Conservation District desires to be granted by the Legislature. DISCUSSION - The principal reason for HCD's legislation for erosion and sediment control is the need to have commonality of co ;rr,l related to major land alteration throughoit Hennepin County. As you are aware, although City of Orono is contained in only one watershed �Jistrict, that there are many communities that are sti l between two or three. Additionally it shuuld be noted that C d_iers throughout Hennepin County may encounter different regui i.ions with each diFfereiit watershed and such standardization would be helpful. It is the intent of this ley is 7 at ion that these items be standardized throughout Hennepin County t(,)gether with gi ing Hennepin Conservation District more of a say in (-ontt.olling of run-off in the district. Sucl-) would 1�e incoi i orptedl 'ten le v'aterSheds and lcdcal communities adopt their local surfa—, inagc.;rent plan. As for ground water protection, this would allow HCD to establish a ground water plan an,1 while not necess i t -At i ng amendment of the current local comprehensive plan would necessitate L:,eir approval for any changes in a municipality's comprehensiv- plan. As t'le ground water system in Orono serves a vast majority of residents together with the source of the City's rplus Lor,y Lake and wdyzata's) supply, supporting development of such a plan would be apgrd ­r late. -Ile quest id✓n is whether they s'.iau Id L,,r the approlriate regulatory ag(,nt;, t ) review comprehensive plans. RF.COttti^ND;,T It is re-:(, ,men,lo 1 0at the City; a.) support the uniform- y control w L t h the provi 3i,.n that individual communitit-i ace ak 1p to , tl:orce mo: :-trir,ydr it. regulations as it relates to rur.-off ir. the w.tters'io,ls and that. they be enforced by Cities (�r tho existing Wat• rs'i1• i rather than an ,,dlditiona' permit process, h.) support lf-jin 1 it ion to deve1O • the appropr rate comprehensive grounds water plan but that HCD only have review and comment authority on rhangdrs in comprehensive plan`-. PROPOSED MOTION - Moved by , seconded inform Hennepin Conservation District as HCD's proposed leg is lat i v% package. Ayes cc: Hennepin Conservati,44 District Lake Minnetonka Co ervaticn Distric*. Minnehaha Creek Wa ershed District by , for the C" ty to to Orono position of _, Nays S Hennepin Conservation District January 22, 1987 Mr. Mark Bernhardson City Administrator Box 66,Crystal Bay Orono, Minnesota 55323 Dear Mr. Bernhardson: JAN ," 61.987 The Hennepin Conservation District is offering two bills in this session of the State Legislature. moth are local_ bills. One for erosion and sediment control and the other for ground water. Both of these bills will make it possible for the Distzict to provide much needed data to the cities for protection and management of the water resct.rces they use. Ile are sending a summary of both bills. if •vou would like a copy of the bills please call. Sincerely, L. (Bud) Erickson Chairman LBE:tms Hennepin Conservation District 1.0 Summary of 87-0088 a Local Erosion and Sediment Control Bill for Hennepi.i County 11/07/86 1.1 What the Bill Does This iq a local bill that relates to flcnnepin County; ruthu.izing coordinated erosion and sediment control programs by municipalities, water management organizations and the Hennepin Soil and Water Conservation District (HSWCD) also called Hennepin Conservation District (I-ICD). The main feature of this bill authorizes the 11CD to prepare a county erosion and sediment control program. The 1lCD will develop and revise guidelines as needed that contain conservation standards, criteria, techniques, methods and modfl regulations for the control of erosion and sediment resulting from land disturbing activities. The HCD will also provide support to WMO's with practi esign aids, workshops and information packets on erosion and scdimcn, antrol. Land disturbing activities include major construction and grading projects like I-L-idcntial subdivisions, shopping centers, industrial and commcr ial parks etc. It does not refer to minor land disturbance like a single residence, lar escaping, utility lines or their repair, septic drainl iclds, agricultural crops, or !and areas of lesz, than 10.000 square feet et,. It would not apply to land already built-up in places like Minneapolis and l'ir:t ring ;uhurbs. Fach WMO in the county would, within IA months of the adoption of the County guidelines, dc% .l(.p and adopt a sail erosion and scdimcnt control program consistent with the County program and guidelines for crosion and sediment control. Cities in !urn would prepare or rc-.ise crosion and scdimcnt control elements of their log •;' ' urracc %, -o "r management plans. t,f `•`,"{.1 , 1,.61," '�)4 1 957.' Persons engaged in land disturbing activities would submit to the WMO or city an erosion and sediment control plan after adoption of thy- Conservation standards by the WMO's and cities. The erosion and sediment control plan for land development must be approved by the WMO or city before site grading could begin. Local permit issuing authorities would not issue any permits involving land disturbing activities unless the applicant submits with his application an erosion and sediment control plan. On -site inspection and monitoring reports may also be required as provided by WMO or/and city. An advisory board would be established of at Icast seven but not more than -1nven mr,nbers to assist in the development of the erosion and sedimcat Two members would be city officials. Individual approval of separate State Agency projects and Hennepin County Transportation Department is not necessary v.-hen approved specifications are followed. 1.2 Critique of Bill Section 1. [LEC,SLATIVE FINDINGS] The legislature finds it is necessary to establish and implement, through the Hennepin county soil and water conservation district, in: coo4,cration with watershed management orgaizations, cities, to-- ,s, and otticr public and private entities, a county -wide coordinated erosion and sediment control program to conserve and to protect the land, water, and other natural reso.s~ces of the county. Scc. 2. [DEFINITIONS.] These are "boilcrpl -" water resource definitions. Sec. 3. [COUNTY EROSION AND SEDINI NTCONTROL. PROGRAM.) Subd. 1. [F..STABLISHMENT; ADVISORY BOARD] 'This Board "culd be established to prop ide public police dircctir,n and assessment of methods and techniques needed to control erosion and sedimentation. The Board would consist of at least two members from the public at 13rgc, and two •ibers from local governments. Subd. 2. [GUIDELINES.] The District is authorized to develop erosion and sediment control guidelines that apply to all land disturbing activities in Hennepin County that will provide consistency between all twelve Watershed Management Organizations. The District will prepare avid publish erosion and sediment control standards that will relate to all situations encountered during the period that land grading begins and landscaping is completed on a construction site. Standards will be revised as needed or as requests are submitted. The District conduct programs like workshops, technical releases, design aids, etc. i, ..sscminate information for local officials, site planners and developers who are directly involved in preparing and implcmenting erosion and sediment control plans for construction sites. Sec. 4. [LOCAL EROSION AND SEDIMENT CONTF -)1; PROGRAMS.] Subdivision 1. [REQUIRED; ASSISTANCE IN PREPARING.] Each Watershed Management Organization within He.,. -pin County shall within 18 months after adoption of the county guidelines develop and adopt a soil erosion and sediment control program consistent with the county program. Subd. 2. [SOIL EROSION & SEDIMENT CONTROL STANDARDS.] WMO's would adopt erosion & sediment control practice standards consistent ti; ith the county standards. Subd. 3. [AN,i-AS WITHOUT NVATER MANAGEMENT ORGANIZATION.] In Hennepin County portions of the City of Greenfield and liassan in the Crow River drainage do not have a WNIO. In this case the District -,ill prepare the local program. Subd. 4. [FAILURE TO SUBMIT PROGRAM.] If a WINIG fails to submit a program the District, after hearings, or consultation :hall develop an appropriate program. Sec. 5. [REGL11._A'I'I D LAND DISTU1:13ING, ACrIN'ITIES.] Subdivision 1. [APP„0VAL RFQ1.)II;E1,)] Persons engag.L' in land disturbing; tivitie suc:. as grading a construction site for resid;;ntial, commercial or industrial dc%clorment must submit an erosion ar,d sediment control plan for the site to the C it)' and or 1tM0. Subd. 2. [ACTION UPON SUBMISSION.] City andjl,r WMn approves or disapproves erosion and sediment control plan for construction site. Subd. 5. [CERTAIN ACTIVITIES EXEMPT.) Agriculture is exempt. Subd. 6. [STATE AGENCY PROJECTS.) Projects can proceed without plan approval provided agency is operating with approved technical standards. Sec. 6. [,APPROVED PLAN REQUIRED; ISSUANCE OF PERMITS,] After adoption of the erosion & sediment control standards by a WMO, no agency authorized by law to issue grading, building, or other permits for activities involving land disturbing activities may issue any permits unless the permit applicant submits with the application the approved erosion and sediment control plan or certification that the approved plan from the local plan approving authority will be followed. Sec. 7. [MONITORING; REPORTS AND INSPECTIONS.] Subdivision 1. [LAND DISTURBING ACTIVITIES WHERE PERMIT IS ISSUED.] Either permit issuing autFority or plan approving authority shall provide for periodic inspections. Subd. 2. [OTHER _.EGULATED LAND DISTURBING ACTIVI' S.] If it is determined that there is failure to comply with the approved plan, the plan approving authority must serve notice upon the person responsible for carrying out the plan. The noticc shall state the measures needed for compliance and the time within which the me? -ures must be completed. I ilure to comply within the specified period is a misdemeanor. See. 8. [COOPERATION R'ITH FEDERAL AND STATE AGENCIES.] Orgainzations, cities, or towns operating their c: i rograms, end the district arc authorized to cooperate arrd enter into agrccmcri's with any fedcral or state agency in connection witl: plans for .erosion and sediment control with respect to land disturbing activities. Sec. 9 [APPEALS.] App, ; uroccdurc provided. Scc. IQ. [LOCAL APPnG .-L.I Requires apprc\al of !-Term:-pin Cuunty Board if passed. 1.3 Why the Bill is Needed 1.3.1 Conditions that induce erosion and sedimentation occur over the w' ole of Hennepin County in a unified pattern. One erosion and sediment cortroi program is needed that can be applied consistently across the county. The present system allows for 12 programs, one for each watershed in the county. Thert is no watershed in Hennepin County so unique that one set of erosion control standard! it apply. The package of erosion control practice standards provided by the HCD will cover all conditions in all watersheds. 1.3.2 It will make it ..asicr for local .officials to apply erosion control regulations in a onsistent manner. Often two or more uif rent WMO's bracket a city. Each ,1.40 uses different rcgulatior, '.o control land disturbance activities. It sometimes happens where a land development is in two or more watersheds that a developer -would have to comply with more than one set of erosion control regulations on the same development. 1.3.3 A consistent county erosion and sediment control program will benefit developers and site planners by swing them time, money, and frustration. , k , will ki.ow that the same erosion & sediment control standards will apply it, very one of the 12 WNID's; this means they will be surprised by different requirements being imposed upon them. 1.3.4 This bill compliments and adds a dimension to Minnesota Statutes 473.875 to 473.883 by making it possible to int(.gratc some individual resource management element:, it this case 'edir*m-nt control for water quality protection, that lend themselves t-) a broader resource management area than the watershed area, therefore utilizing a holistic resource management system approach that also overcomes problems of governmental fragmentation. Hydrologic boundaries are meat:ingful in determining find elc%ation� id flood hazard are -at Other elements of water rest)u no-nagcmcnt and mectiun like erosion and sediment :,)ntrol are better done , t,roadcr resov ec area. 1.3.5 Those respor.;;;ut.: *-ar lard disturbing activities in Hennepin County, year in and year out, coo ,� ,t install practic:,s or use techniques designed to control erosion and sedimc:+ in those instances when they attemot to limit soil loss their efi arts Ji,, always ineffective. Even the casual observe- is puzzled by the rult. of shee: plastic wound around construction sites. Are they intended as a "silt fence barrier" to stop erosion? Maybe so but hardly my do. Almost all silt fLnces are installed without wire mesh netting behind the plastic for reinforcement, no trench is dug to anchor the fence in the ground and posts to hold the fence upright are tr . apart. But worst of all they are set on the perimeter of the site and have drainage areas above them that aj far beyond their capacity. It is also obvious to the casual observer that rarely do those working on the site tak- the silt :ence seriously. T`^y represent a token effort at erosion control at best; so it is not surprising that machinery is driven over them, dirt is piled on them, o: hey sag and arc rent from too much water flowing against them. After being damaged they are then left in a deteriorating condition and no effort is made to restore them. In 1986 the Hennepin Soil and Water Consrrvation District Oscrvcd only one silt fence that was properly installed and that cou i be expected to function as intended. The silt fence is symbolic .,f our failure to clean up the surface Waters of Hennepin County. 1.4 What the Bill .All Cost There are no start-up or administ._ 1-L for inioating a county wide erosion . nd sedimrnt control program beyond :ng c, Is for star lards. The HCD prescntl) has Cie iecessary yualiCicd peo,-'e on its .taff to initiate suc': nrogram although sum- shift of staff A-,jties and activities is anticipa'.cl accomplish this. The HCL, st rf onsists of a _imnolugist. C( nservaiion Planner, Hydrologist, Hydro , -i, and Couscrval.on Tcch.ii,_ian. 2.0 Hennepin Soil and Water Conservation District The Hennepin Soil and Water Conservation District is a local unit of state government that develops and operates programs to help people manage land & water resources. The District is governed by a fivc-member board of supervisors that sets conservation policies and program priorities. Supervisor terms are for six years. They are elected on a ccuntywidc basis in general elections although they come from one of five nominating dL cts. Conservation district officials, by law arc responsible for providing land and water resource use leadership. The District presents a budget to the Hennepin Board of County Commissioners as directed by the State Legislature. Ninety five percent of the District's operating funds comes from the county general levy. The District works with five critical soil and water re: ) -cc problems; erosion -sedimentation, ground water quality, surface water resource constraint on land use, and flooding. The District was aware of many potential water - ourcc problems as early as 1974 when it helped eight cities form the Elm Creek Joint Powers Watcrshcd. In 1978, the District helped seven cities in western Hennepin County form the Pioneer -Sarah Creek Joint Powers Watershed. These watersheds have served as models for many other cities that were required to form watershed management organizations in the Metro area by the Icgislature in 1982. The District already has de-elopcd erosion and sediment control standards and manuals based on 37 years experience in such work in Hennepin County. These could be utilized as a starting point and with input from the Water Managcmeri; Organizations a reliable and practical pro ,earn can be un1crtaken to protect and iJ;:nage water rc`,uurccs Hennepin Conservation District 1.0 Summary of 87-0166, a Local Ground Water Protection Bill for Hennepin County 1.1 Objective of the Bill This is a local bill that relates to Hennepin County, and establishes a program for the protection of ground water resources in the county. The Hennepin Conservation District will direct the program. The objective of the bill is the prevention of ground water pollution. The District will prepare a ground water plan that will allow local governments to coordinate and use their existing official controls to prevent ground water pollution. The bill gives no regulatory or taxing power to the district, nor does it interfere with any state or regional development agency program or authority. 1.2 Abstract of the Bill Section 1. [LEGISLATIVE FINDINGS.] The legislature finds that the ground waters of I{cnncpin County arc great natural resources; that as a result of land uses in the county, ground w.-, :s are insufficiently protected from being polluted and despoiled to a degree that public health and welfare arc threatened. 'The legislature further finds it necessary to establish and implement through the llcnncpin Soil and Water Conservation District, in cooperation with lo�.al unite of government, and other public ar.d private entities, it county -wide comprchcn.iwe ground Hater protection program to conserve and protect the ground %atcr resources (,f the county. Sec. 2. [DEFINJ (IONS.] Standard definition~ t•rkcn lar};- ly frmn cxktitq law ;'U`,, N,,fyc, i'!ar:, blclu t �.,;;;,,�., Hr.;,h .,u;'. «., ,• !,; s t t 11-'orltlone f612) 544-8572 Sec. 3. [HENNEPIN COUNTY GROUND WATER PROTECTION.] Subd. 1. [DISTRICT POWERS AND DUTIES.] Gi•.es the district the authority to prepare a ground water plan and approve amendments to local controls to assure consistency with the plan; conduct related research; obtain all publicly funded water resources data; and manage water resources data bases within the county. Subd. 2. [PERPETUAL EXISTENCE.] "Boilcrplatc" language from existing law giving the district perpetual existence. Subd. 3. [COORDINATION.] Requires that the district eond,ict meetings with local units of govcrnment and contiguous counties during plan preparation. Sec. 4. [COMPREHENSIVE GROUND NVA TER PLAN REQUIREMENTS.] Subd. I [REQUIREMENT] Requires that the plan cover the entire county. Subd. 2. [GENERAL STANDARDS.] Language taken from the metropolitan surface s;•atcr management act. Extends the plan through 1995 or any year divisible by five and requires updates before expiration. The plan must be submitted for approval by the end of 1990. Subd. 3. [CONTENTS.] Language similar to the comprehensive local water management act and the metropolitan surface water management act regarding definition of goals, scientific basis, description of environment, anticipated changes, and plan amendment. Subd. 4. [AVAILABILITY OF INFORMATION TO THE PUBLIC.] "Boilcrplatc" language. Subd. 5. [LOCAL COMPREHENSIVE PLANS AND RULES.] Requires incorporation of existing plans and rules unless the d►strict demonstrates that changes arc necessary. Subd. 6. [CHANGES IN ADOPTED PLAN.] Requires changes in the plan if it Proves inadequate, additional information changes geologic interpretations, or in response to new state programs. Subd. 7. [ESTABLISHMENT; ADVISORY BOARD.] "Boilerplate" language for a board to assist the district in preparing the plan. Thcrc mill be at least two members from the public at large and at least two from local governments (n a board of seven to eleven members. Sec. 5. [CONIPREIIENSIVE GROUND WATER PLAN REVIEW AND ADOPTION.] Language taken largely from the comprchcnsi%e local water management act requiring review by local government and ether counties within the same ground water systems, a public hearing, and revicµ t,\, the water resources beard Sec. 6. [DUTIES OF THE BOARD.] anguage taken from the comprehensive loc-fl :eater management act requiring ;tte water resources board to determine contested cases, report to the legislative commission on natural resources, and form and utilize an advisory committee. Sec. 7. [CONSISTENCY OF LOCAL PLANS AND CONTROLS WITH THE COMPREHENSIVE GROUND WATER PLAN.] Language taken from the comprchensive local water management act requiring local governments amend their existing plans and controls to conform to the ground water plan. Includes a procedure for revision, implementation, and appeals. Sec. 8. [AUTHORITY UNDER APPROVED COMPREHENSIVE GROUND WATER PLAN.] Subd. 2. [REGULATION OF GROUND WATER RESOURCES] Language taken from the comprehensive local water management act giving the district the authority to regulate the use and development of ground water and related land resources if local governments 1) do not have plans or controls consistent with the ground water plan; 2) grant variances inconsistent with the ground water plan; or 3) authorize the district to issue permits, or if state agencies delegate administration of. a state permit program. Subd. 3. [ASSESISMENTS OF COSTS.] Allows the district or local governments to charge for services, permits, reviews, or inspections. Fees arc not to exceed $150. , Sec. 9. [RESOLUTION OF DISPUTES.] Language taken from the comprehensive local water management act providing for informal and formal procedures for dispute resolution by the water resources board. Provides for petitions, hearings, and appeals. Sec. 10. [COMMISSION OVERSIGH"r; REPORT REQUIRED.] Language taken from the comprehensive local water management act requiring the water resources board to report a�tnually to the legislative commission on natural resources, including board activities and recommendations about amendments of the act. Sec. 11. [APPLICATION.] 'I tic bill applies only to Hennepin County. Sec. 12. [SEVERABILITY.] "Boilerplate" language. Sec. 13. [LOCAL. APPROVAL.] Requires approval by the Hennepin County Board and comphince v.-Ith section 645.021. 2.0 Hennepin Soil and Water Conservation District The Hennepin Soil and Water Conservation District is a local unit of government organized under Minnesota Statutes, chapter 40. The District develops and administers programs at the local level to help people manage land and water resources. The District is governed by a five -member board of supervisors. Supervisors are nominated from five nomination districts and are elected from the entire county in general elections. The terms are staggered and run for six years. The District presents a budget to the Board of County Commissioners. Ninety- five percent of the District's operating budget comes from the county general levy. The District has identified and attacked water resource problems beyond the traditional scope of soil and water conservation district activities. With the cooperation and assistance of the County, the staff has been increased to include a conservation planner, limnologist (Ph.D.), hydrologist (M.S., P.E.), hydrogcologist (Ph.D.), and conservation technician. The District is a leader in identifying and he'ping ,Ive potential water resource problems at the local level. Prior to the passage of the metropolitan surface water management act in 1982, the District helped eight cities form the Elm Creek joint powers watershed in 1974, and helped seven other cities form the Pioneer -Sarah Creek joint powers watershed in 1IIJ78. The District is preparing watershed plans and providing technical assistance for both watersheds. Many cities in the metropolitan area have used these watersheds as models for forming watershed management organizations as required UV the legislature in 1982. The District has developed a manual for construction site practices designed to protect the developing urban and suburban areas of the county from erosion and sedimentation problems. 'Fhc manual is based on 37 years of such work in Hennepin County and on the experience and information from soil and water conservation districts in Virginia 21287.12 4,0Z. TING TO: Mayor and City Council ) .��3 FROM: dark Bernhar,lson, City Administrato 0 f;? 3 iJ87 DATE:: February 12, 1987 OR," �0 SUBJECT: Parking Molly's Corner Attachments: A. Resident Letter Dated 1;20/87 B.,Orono Letter to Hertogs Dated 5/29/86 Plus Attachments C. DNR Response to Resident Letter Dated 2/18/87 ISSUE - Determine if the City Council wants to work to remove parking in the vicinity of Molly's Corner. INTRODUCTION - Attachment A is a request by neighbors in the vicinity of Molly's Corner to have the City remove parking from there. That area for y( -rs has been a primary fishing spot for a nur ber of people toge-. ier in the sums -,ter time with providing parking for fishing of people who go west on the railroal tracks to Tanager Bridge together with in the winter time a public access onto the lake. A' -)out three cr four years ago the property owner rn.the west side of Shoreline Drive erected a berm which eliminiated an area that t;al peen used for parking for people principally to do fishing. While causing a brief furor there apiarently was no lasting impact on that eliminatiun apart from fishermen parking further to the east along Shoreline together with Orono Orchard and Fox Street. The current area that people r;osC frr.quenLly use at Molly's Corner is a combination of County right-of-way and City property, as noted in Attachment C. The fis?,iny access comes directly nff th(-� City portion of the property. During the 1983 Task Force Report on Lake M`_nnetonka it was indicatec? that such would be a possible location for a fishing pier t(- provide bet:E fishing acces for those who utilize Molly's Corner. The corner was cited as heing probl.?matiL: in part dve to the parking coming out of there in the petition from the Orono Lane area. It should he kept in mind finally that with the upgrade of Shoreline Drive west of 19 in Navarre that there will be no chant,-s tc the design of the roadway at this 'Ocation. DISCUSSION - As noted in the attached letter the primary puepose for e n nation of the parking on Molly's Corner is to reduce the bridge useage for fishing can-anager Lake. Ns this is railroad ri?ht-of-w,,y and under the control of the railroad,the City al.)sotit appropriate act ior. by the r a i Iroa(; as it relates tr-) t-resp,assing has no way of enforcing any trespassing statutes. Should the puhlic access and fishing access at Molly's Corner be closed or s-ibstantially impacted by elimination of parking there is a concern that in the City's attempt to have the Department of Natural Resc,irces leave their authority on the lake to a more local body that such would serve not only as a means to stop this but also lead the DNR taking an even sore aggressive stance for fishing in this area. Thero have been concerns rega_ding the safety of people parking here and getting back on Shoreline Drive, but the accident picture at this corner has not shown any substantial accidents. It should be noted that parking r.estricticns along Shoreline would require County action and that limitatir.)rns on Orono Orchard and Fox would need to be reviewed in light of a Municipal State Aid street designation. R"COMMENDATION - After ;a review of the issues related to the p, ssible closing staff recommends that no closing be undertaken at this tine, but Look to see if the issues of safety can be addressed. Additionally it is recommended that issues regarding the-anac:er Bridge he directed by the residents to Dakota Rail. PROPOSED 110TION - Moved by , seconded by , for the Council to accept the 3'ett(,r from the residents dated and that Council has deemed that apart from acdressing safety concerns that no further action Le taken on this item at this time. Ayes Nays cc: Peter Watson JoEllen Burr, LMCD Representative Dakota Rail S1110E11, WATSON & CARV ATTORNEYS AT LAW 828 NORWEST MIULAND BUILDING 401 SECOND AVENUE SOUTH MINNEAPOLIS, P61INNESOTA 55401 TELEPHONE: (612) 332.1406 RICHARD t.: SPICER PETER H. WATSON HOWARD S. CARP TANYA M GRANSFORD MICHAEL L. MARTINEZ January 20, 1987 Mr. John Gechardson City Administrator Orono City Hall P.O. Box 66 Crystal Bay, MN 55323 Dear.- Mr. Gerhardson: 7._� 1 I' V1 A2I1987 I am enclosing with this letter a letter which I have recently mailed to the Department of Natural Resources in an effort to obtain restrictions on fishing from the bridge which crosses Long Lake Creek on the North side of Tanager Lake. I am enclosing a copy of that letter for your file. In that connection, I also wish to write to you to urge you to consider and ask that the appropriate branch of the City Council consider, further restrictions of parking along County Road 15, Orono Orchard Road, and Fox Street. As I am sure you are aware, each spring hundreds and hundreds of fishermen park along County Road 15 and Orono Orchard Road. A few park at the extreme Eastern end of Fox Street. Most of their walk down the Burlington Northern track acid fish from the railroad bridge. Although there are No -Trespassing Signs which have been posted by Burlington Northern, these signs have absolutely no effect whatsoever. It would appear to we in fact that fishermen are encouraged to fish from the bridge since there is parking available to them along County Road 15. It was my h(:,pe, and the hopes of many of my neighbors that when Mollys Corner was blocked off and made into a small park area that this fishing activity would ceas,a. The refuse and debris which accumulates as a re:ault of thi:.; illegal fishing is horrendous, and has a detrimental effect on Tanager Lake and Long Lake Creek. I could ,3how you literally hundreds of pounds of garbacle that I have takvn out of there in an effort to clean it Lip. Mr. John Gechardson January 20, 1987 Page. 2 Additionally, when the Orono City Council approved the Mollys Corner project, it was anticipated that packing along County Road 15 and Orono Orchard Road would be phased out. Not only does it encourage fishermen to tcesspass on Burlington Northern land, but it creates a very dangerous traffic situation as well. I do not know if any accidents have occ-rred at that location, but I can assure you that I have personally seen and heard of numerous near accidents. In any event, I hope you will consider this request, and if the matter is cu ,ire placed on the fucmal agenda for: cotisidetation, I hope you will be good enough to advise me as to the date. I will be happy to show up at the hearing and provide information and photographs, and in addition I will be happy to verify the support of the numerous residents in the area of this request. Should you need additional information, please do not hesitate to contact me. 'iecy truly yours, SPICER, WATSON & CARP Peter H. Watson PHW% (is Enclosure SPICE,R, W'AISO)N & (:AM' ATTORNFYS AT LAW US NO RWEST MIDLAND 11101 DiNo 401 SECOND AVENt T SO( l H MINNEAPOLIS, MINNESOTA 55401 TELEPHONE: (612) )12-1406 RICH'..,;, O 5PICER "ETER H WATSON HOWARO 5 CARP TANYA M BRANS,ORO MICHAEL L MARTINEZ January 20, 1987 Department of Natural Resources 500 Lafayette Road St. Paul, MN 55155-402C Dear Sir or Madam: I a.,: writing this letter to ask your Department to consider designating an area on Lake Minnetonka as a spawning area, and prohibiting fish`ig in that area. The area I am speaking about is the North side of Tanager Lake, specifically, the area where Long Lake Crc-,k enters into Tanager Lake. It flows undecneath the caiiroad tees le into Tanager Lake. In the springtime, the area is extremely abundant with crappies, sunfish, bass, and other game fish. Also during the springtime, there are literally hundreds of tres passers per day, who walk down the Burlington Norti. rn Railroad from County Road 15 and fish frcm the bridge. Even though the signs are posted for tresspass, and there are no parking signs on County Road 15, the fishermen come in droves, and I have frequently seen fishermen taking well beyond their legal limit of crappie and sunfish out from that area. It would seem to me that this would be an ideal spot to post a "No Fishing - Spawning Area"--,tic.e, to prevent fishermen from fishing in that area. Sine iey cannot legally fish in that area in any event, it would appear to r,:e to provide the potential Luc an increase in the fish population in Tanager Lake and Lake Minnetonka as well, without Substantially detracting fcom any tishermen':; right to legitirnatC�ly all'jei t0l: sucf: tisf). I hope you will give this matter the utmost consideration, should you need additional questions ansveced, more specific information as to locale, or photographs, I will be happy to provide you with same. On(- other point I wish to make 13 Lhat when these t fishermen do Department of Natural Resources ,January 20, 1987 Page 2 tresspass on to the bridge, there is also cumulative littering which takes place, resulting in the dumping of hundreds and hundreds of pounds of trash into Long Lake Creek and Tanager Lake. The trash consists mainly of pop cans, garbage bags, styrofoam cups and coolers, plastic bags and other debris which has a detrimental effect upon the natural environment. Very truly yours, SPICER, WATSON & CARP Peter H. Watson PH10*1�; cc: Steve Walter 2450 Island Drive Apartment 124 Spring Park, MN 55384 John Gerhardson L. City Administrator Orono City Hall P.O. Box 66 Crystal Bay, MN 55323 *' x a j J CITY of "RONO Post Office Rix 660Crystal Ray, Minnesota 55, Municipal Offle"r sf: r;r On the North .Shore of Lake Minnetonka May 29, 1986 Mr. Samuel H. Hertoas 999 Westview Drive Hastings, MN 55033 Dear Mr. Hertogs, In response to your letter dated ANri 1 25, 1986 the City of Orono is awarC c'f some of the problems that are associated with the public access use in the vicinity of Shoreline Drive and Orono Lane. It should first of all be brought to your attention that Shoreline Drive is County Road 15 and therefore is under the jurisdiction and Maintenance of Hennepin County, so appropriately some of these issues such as extent of parking are ultimately their decision. it should also be noted that recently the County did seek approval for variances for the curves along Shoreline at this location and two others which were granted by the Municipal State Aid Variance Board of the Minnesota Department of Transportation. These variances were granted in advance of the County being able to :spend capital money to maintain the road. While the area does appear to be probleiatic, research of 1985 accident records indicates that accidents at the intersection of County Road 15 and Orono Lane location were not related to traffic frcm Orono Lane but were on County Road 15 involving east and west bound I-raffic on the curve, principally because of high speed and not reli ted to traffic on Orono Lane or "Molly's Corner" parking. As you may be aware the area is posted "No Parking" on the north side of Shoreline Drive and it is also posted "No Paging" for a distance of approximately 109 feet on the east side entrance of Orono Lane onto Shoreline Drive. Parking however is permitted beyoncPthe "No Parking" zone past Orono Lane in the County right-of-way LU- a space of about 5-699 feet. Additionally parking is allowe9 on City owned property just to the south of the curve, which people often use for fishing purposes. As you may also be aware Molly's Corner is one of the few pi ices that provides pub; is access to the lake for those who do not own boats or for those who prefer to engage in recreational fishinq from the shore. One of the Task Force recommendations from th,, 1983 Lake Minnetonka Task Forc•• Report was that a fishing pi -r be constructed out from Cit,, property at the Molly's 11 H 1*44.i /lthlrt. ♦• 1 `197 • AFWAMLFIR A"Oh a t1NAw 1 V1 7156 • MIKK Wf*K% 417IM89 A%U %.N%1. Mr. Samuel 1I. Hertogs Page 2 May 29, 1986 Corner location. Implementation oc such a recommendation miy be of benefit to those who desire to fish together with a possible clean up of the area and reduction of the fishing from -he shore, which may be of benefit to the residents. It would however be prudent that appropriate parking be provided for this activity and such a lot could jointly provide parking for an MTC "Park and Ride" lot. A possible site for such a lot would be procurement of a portion of properties along County Ruad 15 from the property owners at 1925 and 1955 Shoreline, perhaps 50-100 feet on the back portion of those lots. If appropriately developed, screened and maintained this solution may be of benefit to all parties concerned, including issues related to turn arounds. T'):s however is only in the exploratory stages and would require funding from outside sources plus considerable discussion on the part of the agencies and residents involved. As for your particular concern the City is forwarding this letter with a copy of your letter to Hennepin County so that they may be apprised of your concerns. The City would be happy to sit and further discuss these issues at your convenience and should you have any further questions or comments, please feel free to contact me. Sincerel Ma k Rer a dson City Administrator MB/dh cc: Herb Klossner, Director Hennepin County Department of Transportation Mayor and City Council Kathleen Blatz, City Attorney Tom Radio, City Attorney bcc: John Cerhardson, Public Works Coordinator 999 Wostview Drive Hastings, MN 55033 (612) 437.3148 Samuel H Hertogs, Donald J Fluegel Michael R Sieben Michael S Polk 'Harvey N Jones 'Richard A LaVerdlere Steven D Hawn George L May Kenneth A Skrlen Leo F Schumacher Shawn M Moynihan Carol A Fckersen Kathy A. Endres John O Sonsteng 'AIsG a0mrt!e0 in VMs o.So OFFICES ALSO AT Red Wing, MN (612) 388.1581 Collage Grove, MN (612) 459.1019 Hertogs Fiuegel Sieben Polk Jones & LaVerdlere April 25, 1986 City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 To Whom It 1 lay Concern: It has come to our attention through our client, Thomas Rudd, that a serious situation exists on Shoreline Drive in the City of Orono. The City of Orono apparently has no parking restrictions from Orono Lane to Ferndale Road even though this stretch of road has a speed limit of 50 miles per hour. During the spring and summer months in particular, fishermen and tourists park right up to the residents driveways. All of these parked vehicles severely obstruct vision so that it is impossible for residents leaving their driveways to safely enter ontc Shoreline Drive. Coupled with the 50 miles per hour speed limit this creates a very hazardous situation as residents cannot see on -corning traffic. (Jot only do the residents along Shoreline Drive have to contend with this _',ligerous condition, but the fishermen and tourists who use the residents driveways to turn around in, must try to back out into 50 miles per hour traffic with no clear view of on -coming traffic. Those people parking and emerging from their vehicles are forced to walk along the roadway because no safe path is available. At Mr. Rudd's request, an Orono police officer came to Mr. Rudd's driveway to observe this hazardous situation first-hand. The officer concurred with Mr. Rudd that the existing conditions are extremely dangerous, but he could do nothing about i*. The officer also noticed the tremendous amount of refuse thrown along the roadway by thn,,c ark- ing, which creates a very unsightly appearance and gives a poor impres- sion of the City of Orono. In addition to the above hardships the residents must put up with, they rrlust also contend with having their mail service interrupted as some days the mail carrier cannot deliver the residents mail because of vehicles parked directly in front of their mail boxes. If this situation is not remedied promptly as to the roadway between Orono Lane and West Ferndar,: Road, your insurance carrier - -uld be alerted that this hazardous and needless situation exists. We would appreciate your prompt attention to this matter, page 2 Of 2 Thank you in advance for your anticipated cooperation in resolving this matter. Yours very truly, FOR T FIRM: Samuel H. Hertogs mr cc: Popham & Associates Thomas Radio 4344 IX Building Ili nneu; "' i s , 1,% 55402 Thomas Rudd LOCAL CASE 4O rvEH1 M)AtiLlO Mti•L,A.PT Huh TRAFFIC ACCIDENT REPORT . 1 AT -END NAT'E4D ---,-_LFOFiVOICE USE ONLY AS REQ EY STATUTE ' (D ��� _�_L�__ DATE JF MCNTw DAY rEAA DAr ,;e WEEK 11Mf ._AY PLE COUNTY •%GIDENI >' "- / I.I11 `� 1., J �' 7 I F•Y� ✓ i /� A 1WP 1. .� r'.J n RITE SVSIEM AC+U•E NUMPEI ,a IN tt I NAME AT rl+.. :4oa ES " N ;' E OF wtTFt �OR_—.= _FEET i_.S XII Rik E:+E`LfIOA7 INV E.Em PUBLIC f�; ON 9q+0UE VPtiTC67A. E♦ +OU•E SYS ROUE• :TPEi•4AME ::.t+•. r./+'i riff POST VA FEAtPE oFw L��S1Jl► r ..-. - i 1 �j I Eli j •.P.+ U C.� !!1 o C _. �• --- _ f� ` UNIT NO I . VEHICLE I UNIT F10 2 LJ �EH 2 PEO --, BIKE 3 ` DMVER LICENSE M,rABER 1 �� or STATE DRIVERLICENSE NU%A 2 —` 3.,L. /y7-S`y�-� SIAM . \:7 J V R FMIMT NAME /MIDDLE LAST FIRST NAME fw00LE UST Nl1i'N'EICA AN 1'IEE T� CURRENT.--.._.._.—. it I C\ NUMBEa AND it AEET I Ii4RAFhT1 �� r t CITY STATE 11 ZIP CODE TELEPHI;NE.40 SI�3r �1�0 GATE OF OIFITH SEX L'C UNDEF WRONU DL REStPIClMDhS CLASS WiTHORAd/AI A0 S9 COMPLIED WTH i S �" C+TV `) STATE tPCODE Jri(,J %�/v TELEPHONE NO �1j8 _ OA If OF B&RTH Q` SEX LIC UNDER WITHDgAWAI �__� WROhi.Ol RESTAICTrONB ADDRESS COMPL,ED WITH 0 Q CLASS G FMT NAME OWNER + MOME LAST FIRST 4AME'YrM,R 2 MIDDLE UST 717 O /� N M)MBER AND STREET NUMBER AND StPEET TO —9 rl— CITY STATE ZIP CODE s/A TELEPHONE 40 CITY STATE DP COOS TELEPHONE -,i�v NO VEHICLE TYPE YfAA AND VEHICLE LMnE vENLE MODEL COLOR V VEHICLE TYPE VEAP ANC IEHIC�, MARVEHICLE LE MODEL COL OA rI ICG ,;.. H I c y r_ t,l .J L!b I z ! EAR LICENSE PLATE NO YSTATE OF ISSUE ND OCCUR VrvF�aI vEHIOLI I LICENSE ATE NO YEAR STATE OF .SSUE NO OCCUP F:RE VI HI OLvECr TOWED PINVOLVED TOWED 114,IAANCE CO _ E NSURANCE CO L 'V EST DOLLAR AMOUNT DAMADEO UNIT NUMBER t HAZARDOUS MAT;', AE-OATE COMBINED HAZAAC,06S MATEPJ.L UP'hAS•E DAMAGED UNIT NUMBER 21 • EST DOLOR AMT OVER UNDER.�� EST DCLLAA AMT _VTDIV IPJ^DER t REAR END ;J I Q 8 PIG.' TUPh B r.EAD ON • IOi E UNDER ' IO MOFTpYS9O�"— ~'—� ST TOTE AEO —'�r~ ` _LTA UTE ADO �OY�' UtE AE0O ;SLIGHT MODERATE SEVERE 3 OVEATAP;NG AF• S aICHT aetCLE^,Fi AO q.�n• y SCE �N'oE • • $ r. �-- _.P SLIGHT tAGDEAA TE �f vExE 20 1{ I 21 23 Eo14a % AAA Ia ... ..•.. ___ ........_... ... 1 �. .. ... ) II I�Ln. Z L v �,F�� -. 1 4�- S c. 1 • �� 1.1� 0 r + .. A. a EYE aF t••AMD wROM Vw"A sm • ADD" ss !_E a•OM 4c r. n A n A IS s •O ~ _ IT 1� AYIM MOIAY •_-.___—._ ►•ATYf h• aA.iK rrCL.r�NfL L4 tlOLN VO i •-• • ;]EPM••r•h „+' r On EIYIA•an ! A f 9l LI e1 JIAttC , 'It .L-,v A .,L•+. :•: :."I" I_ L11 L. 'I.! LET _ _ _ PA6E .__-..- _<A1 CA" W I NO vEH•S ND AILED ND Fu'.a wt auN TRAFFIC ACCIDENT REPORT T ✓� 7 At1EN0 I Iw.n�ENG POl-ICF 115E ONLY AS RE8V SIA CUTE 1. _l.._�.. I)in OF MONiR -- DAY/ YEAR DAr cy WEkKJT�ii._.!E•�; AM M CO� -.CIUF r l • J 1• / � i 1_�.F_ :i I f tWP EYXIIk Si5TE4 ROLTE NUMBS, JRSTaEET NAME At I i )PILES ;-N OF � Z /' ,NTEH>EG t'rih y t i WItN OR ...FEET .:S W (A REFEgf NCE P^vlht iNT ELEAI PLEk C (y lMl BR-.OI+E JP.-C,105 TAYE•, .__ , P�'� aRC TE Sr5 RO 'k A ,•p({• NAME City L 41iS qEF t 0R fEAt REaROP— — — * — —_— — — DAM _CU_ L -� �_.%�C'•� �:: (_/tom 'KA. r r UNIT NO Lr VEHICLE A,- 3- T UNIT NO 2 VEH 2 .. PEO BIKE LL 1 •, OPIVEq IFCENSE N1148ER / 5'AiE 6W;i-LICENSEN-vefq t FIRST NAME MIpOL1 UST F�A5T NAME luiGGlE IAST V1�. / NUMBER MG STREET CvAPE.••T. I -o LAREP AND STREET .,%•%.Fv•. - � 4 � V CITY STATE ZIP CODE iELEP.CNE NC --- R CITY STATE --TIP CODE TELEPHONE 40 16 DATE OF RIRTN SEx lIC UNDER RCNGDL pESTRICTIOE+S CU55 DATE LK BiaTN SEA LIC UNDER WRONG DL aESTRKTIONS CLASS WITHDRAWAL ACORE SS CDMPI'EO Wi7H 'WITHDRAWAL ADDRESS COMPL.ED WIT'. 17 FIRST NAME OWNER I IOOIE LAST fIR57 NAME CWNER 2 MIDDLE LAST ) 0 MuMBER AND STREET N NL.46E^AN05TREET 1B f� E ` d ` CITY STATE ZIP CCCF 1 TELEPHONE NG R CITv STATE ZIP CODE TE.EPHG�NE NO _ �/ t9 AIKLETYPE YEAPAND -!-X71E--E VEH'C-E V: LE_ COLOR V Vf-ICLE I"PE +EAR A•+D :EH•CLE .AAY.c c..•CLE VODfL I - H L NSE PIAn Vp YEAR I FIRS VEHICLE ,MATE OF ISSUE NO OCCvP FIRE vEHIC:E I :ICEhSE PLATE NO •EAR STATE OF -SSUE NC• 'JCCUP INVOLvE_� TOWED �` INVOLVEL` (OWED 7 wsuRAt+ce co E •NS,;NC 5AE co 21 fcT :J:]lI Aq EC — _ _ DAMAGE^ L'NIY NVMTffP ' HAZARUOV54A'ERiAL C:lMB Ca WASTE '. NEC aAlARlhiuS MA'fwµ LNi WASP DAMAGEC UNIT vUMBER Z �. I VEH L,hGfP '.JEST D%XLAP AMT 22 f TtiA a REAR IND LS I Gj w H! T WAD ON 1,�%L� • fM lj NftOii �• �- i ~ frAtUtf RlO -� ("�- IV .,�N r ATUTf 1 " TATuiIRIJ J __ t� - Ai 2 OYf ATY IND a OPP NO JF, AY,H.T ANG,f i Off AD RrDl.T SfJf .WPf OHT LsDD1A.•n bsLfqs • _� -y f.4H MOD�RAif Sf( M O .SIT O 10 - - - ---- fwlf f 4F fMAf D FI RfclA • •hf we + ADORE Sf - - - I E- .• .»H •r' - _ _ _+ 7 • !It r ly TO H4III f JL A" Arrlf - __.-_ - �{I M ! AA i ♦ -- �' ..Fr 4;A T fw A i -TLI r� V �. Y FNA..OlN�E ii M,47 !. k !. V van PAT WON .WA ' fyHDlif KID ]f • OII Af/KY / OP fNIfF Bw S I A I E OF MINI. 1, :I;. LA - LIL T AH • ML N' Ur r UVL4, .1wT a . • wU L _ i 1•L�LS! NL —1--- NO VkNS NO, AILIED Np r•./UN Nit RVN - p'' TRAFFIC ACCIDENT REPORT AnEA/o uNArTEND=' t( _ FO? P i USE ON I AS REQ BV $TATUTE ( ' - •� 1 C % DATEd __- Y�W7H DA�Yy �YE_A�RR DAr Dt wEEA TIME VLA/r L�FM COUNTY .`yQIT\• (y t 7 T ACCIDENTIL �� (^ (... ?�'7 t l/ �J 4 .� :1_/ '..iP E ROUTE STEM LIt NUMBER OR St RLE I NAME w7ERBEC71DN •1 -. 'ES L' N E OF 0 l R(FCRFM;.E POINT Mt Et[M PU9LIC ON BRIDG! 1p-OiCISTAXIIIIAIDUTES's ROUTC . STREET NAME CITY 1IM175 PET POST OR F[AT;,RE ,� _ E., PROP Gal t A DAM N CY7 L a UNIT NO t VEHICLE I _ UNIT NO 2 -'VEH 2.'� Pi`:C; BIKE 3 DRIVER LICENSE NUMBER 1 STATE DRIVEN LICENSE NUMBER 2 J.;TAT! 41123-777-/1S-/ /-%n� MY NAME MIDDLE LAST FIRST NAME MIDDLE LAST 15 R NjMK R AND STREET ICURRENTI I NUMBER AND STREET ICURRENTI - v �� ,✓C_ E LIN lj CITY STATE ZIP CODE TELEPHONE NO R C'Tv TA E I ZIP CODE TELEPHONE NO 16 S DA E OF ' TNT • + SEx lK UNDER • VVRONC O L PISTRICTONS CLASS DATE OF BIRTH SEx TIC UNDER WRONG D L RESTRICTIONS CLASS 111 wv,TNDRAWAL ADDRESS Co.,PLIEDWITH YNTHORAWAL ADORE SS COMPLIED WITH t7 . ,-.2�, � a ®ooa�'-o a o o � o00 FIRST NAME OWNER I MIDDLE LAST FIRST NAME OWNER 2 MIDDLE UST C' O IC w kl"EA AwlSTREET NUMBER AND STREET N 18 r E CRY STATE ZIP CODE 7ELE PHDN! NO R CITv STATE ZIP CODE TELEPHONE NO r 19 VEHICLE TYPE YEAR AND VEHICLE MAKE VEHICLE MOOS: COLOR V VEHICLE T.PE YEAR AND VEHICLE MARE VEHICLE MODEL COLOR /•"� / E LICENSE PLATE NO YEAR STATE OF ISSUE NU OCCVn FIRE vFHKIf I :KENSE PLATE NO YEAR STATE OF ISSUE AIO OCCUP FIRE VEHICLE WVOLVED 70WEC C INVOLVED TOWED '�' ` -i G 59. O L z1 M•SV4AAICE CO E F+SURANCE CO / •Y % /+ EST DOLLAR AMOUNT DAMAGED UN NUMBER I ' A2AADOuS MATE A;AL OR WASTE COMBINED HAZARDOUS MATERA1 CIA *AS',[ DAMAGED UN-7 NUMBER 2 2 ) • EST DOLLAP AMT `-• _ OVER UNDER a t=J 2 7 • EST WL.AR AMT '2 .' 11TDF OVER UN�1�DI1CR 1 REAAEND 3 LEFT TDRN I f-'� 6 RIyH1 IURN E HEAD ON 11�.1/�ftw OVER UNDER 6 G BDTtOr S LF�� LJ r— �'— t ♦— utuTF AEO —'•P �' "� I jl` r10 BOn Or G ❑ STATUTE RED J STA7UT[ REC .� �.. B $ 2 C'V[RTAK;Z 1 OFF RD LEFT 5 All( •1 ANGLE RL RIGHT 9 SCE SWIPE $ 23 1 S`Y,.HT LKruERATE SEVERE _ f j —y r • ❑ r J 5tL.lGrrt MODE RATF Sf :FRE ❑ LaI ❑J'� P� _ _ OE5CRd'7I_.. A AL v v M na cA T-, a Cf ff . . . . •I . . . . . . . . . /F"1 1 `CC ..t ) 1� •� r r• 1 fT AT RAIEBk �IAMhL•I .1.P.S r.y llEt ' _ ff X v1 • 1 RE 4ti AFC MRf✓♦ - � .__- --_— -- B•...I ... ; � ._ w N' •. A .I M. . M . -HM `YAI{ ` rN� M ... N. ,, . L.. • w . • a ..a Aw PH.AIC�. 11F1 I DP f ..r Ir _. E'S ,ICT4�J!•115) STA1E 0I` MI.NNESOTA DEPARTMENT OF PLIBLIC SAFETY PAGE - (it L6-c 1..4E NO NE• vE HS NO waLEU Nf/ ft UR Ho, RUN TRAFFIC ACCIDENT REPORT ATTEND I j LAI••TEND 1 FLIR POl ICE VSE_ONLv AS RE0 BY SUTUTE -� - 1 WTE QF MONTH --WY -- , YEAR DA. Di v/EEw TIME AM ,,jPW LCxWT, t :iCITY ACCIDENT (:: -•r/ --- i I,-.j - E' c, r �. ii;'. (Y '.•C•' L. f. - rWP (^� ;(�.'/�.�1 z ...�. .. o 140UTE STST[M RCk.TE NUM or R OR 51141E T NAME, AT N `- . INTE 11SECTIGN pf-Lc- -L_M4E5 `- OR ;,BEET :. S ,]w j r REFERENCE KwT wi EEEM PUBLIC (Y, ON BNIDGE PHDIUS 1AwEN 14Cw/7f SYS ROUT[ c $TREEI NAME CITY LN TS REr POST CW rEATUAE cn PROP }lpsl / O 1♦ - - ' - - - - - DAM tJ P! Crl 1? S irr i cc C?�":vr�►t?� o ' a UNIT NO T • VEHICLE T UNIT NO i VEH 2 ' ". PE -'_ BIKE u 3 ORIvEALICENSt VUMBEA t STATE DR-vER ICFNSE NUMBER 7 STATE SZ FIRST IwWE ' MIDDLE EAST FIRST NAME MIDDLE UST14 15 t :. tit, •. ! 3 WAWA AND STREET ICMRRENT, NUMSEP ANO SSTTAEET ICUfRR,E'NT, v ► I 1 6, W`( S 1 ILYA I _ CITY _{STATE ZIP CODE TELEPHpNEE NO R CiTV STATE ZIP COOS r/ tELEPtiONE NO t6 F• ,ti 5 Irv.r'� I'li ,•T• t'r �%/4'; .�!�i 5 DALE OF&RTH `f ig $[• LIC UNDER WRONGDL RESTRICTIONS CLASS DATE OF BMTH SEX LIC uNGEP NRIfJFKDI• RESTRp,TIpNS CUSS WITHDRAWAL ADDRESS COMPLIED WITH WITHDRAW(L AppRE SS COMP.IEO WITH 17 +'✓ 1 i' v • 1 r v N A. v r R' r w FIRST NAME OWNER I MIDDLE LAST F.A51 NAME OWNER F MIDDLE LAST \ T '7 NUMBER AND STREET N NUMBER AND STREET 116 rv, / f WT STATE SIP CCIGE rELEP+1.'Wf ND R CIT1 ` STATE SIP CODE TE.I PHONE NO 1 19 v(HICIA TYPE FVWA 4"Vf-1ZLE MAKE VEHICLE MODEL :OLOA V VEHICLE TYPE YEAAND VEHICLE MIKE oft-CI:E MODE. CCOLv LICENSE PLATE NO YEAR T STATE OF ISSUE NO /OCCUP FIRE VEHICLE I LICENSE PLATE ND YEAR STATE OF 4iSUE NO OCCUPF�&7 FE VET•ICLE l M�V^,OLvEU tOWEU C ((�) ` .E O TOw[O /11 /i t S �'f•ti" / U L1 l�' L 1 - `I i,y !`'1. lti. 1 A T WSLIRA CE CO E YaS,:RANCE CO Tt - EST Kj,0A M!yJNT -. - _- DAMAGED UNIT NUMBER I H42AADC JS MATE A:4: ;d+ WASYE COM9'vEJ wA2.4ADO61S M•TE R,L: OR WASTE L� _ _ G4MAfiEO .:N+N..'MNEAi 7 _ I • FST LIO.:.�F AM. o\YFR I Ir•,::EA 1° '7 • w N i :.LA+iA,:. .i,-T JiiEE� 37 • , J f�l: 41" HiiG 411 •^E-•a-y>F'or _ STArUY[MO —r � •. ENEa•PPM smoula o" o `.� F.J FT t -= e a o OISW[OF - y-f 1•hT� r W t ...,O.J a r«+ �.-.--. � -� ��� .._ ��.-�-. �-�— •i � •. • 1, , � `' i�.i C' � i 1 r ........ �r••� _.___-.��._ ��- I It If •At •-..: •` ` A,• �..... ........... wSOPwAIEOF'IRKMw•A/fN[ ADOw[M +E:EPK/A [IG M w w » ■ ■ ■ [�•� � i ��II r J .{ wuFEB@VAP A4l EE[EEI ---_- E' Yi-- _ --- -- "p[POWN p to 845FCV l•_ f i t L r t 1ER[i� Lr T ;.►,'•, V J:� �. EL���E�h ��r �fC �L►� • ❑ o RF,,wF.nB [ •M Mr E�Et1 ABB�•r �_ T�RD e4v ETEFAP•M ' P- ft, ON — 0 0 0 0 M Eam BPI �'S•t GV; q'' IT•Sc! ,S1AtE Of NWNI :.C" A DE VAR THE N' OF PUBLIC SAFETY PApE �_ _ OF _--_ E•Lr IOC.AL Ci9[T��:'".�--„'"—'.'-'v""�'��I NU w NO ra LED NO WJUN .•.. NUN TRAFFIC A CIDENT REPORT .� -� ATTEND UkATFNc FOR P7lIf I,fS�NiY A RE Br STATUTE) r DATE OF MCINTN T DAV YEAR d L- f, DAY UI WEE. TIME :- AM ;]FL �i C4,UNTY.•• . ACCIDENT _ . 1 . -/ . �" , j / r'. P% . W 2 RCBRE SYSTEM wrrw..rwo ROUTE NUMSERORLGTREET NAME `WTERiECTgN, W:TN JORI �S/'L!8 (_jN `E ._ FEET G �• I L:: �:8 ';0 j _ MRERENCE POINT • INT ElE4 / SIC (y; ON EMIDGf Ftip105 TAREn NUU TE Sr5--j RDUTE A SiREfT NAM[ CIiY LIM�•5 REt vp87 OR Ft AtUR[ � ° "1 ___ _ ___ DAM CJ C /ar . ¢ ,'S % • r2'X.VEH ¢ w UNIT NO 1 • VEHICLE 1 UNIT NO 2 --' PED BIKE 3 DRIVER LICENSE NUMBER i STA1I DRIVER LC ENSE NUMBER T / , STATE T 5 RST NAME MIDDLE LAST FIRST NAME MIDDLE LAST I� A' I _ p A I� / i / tol r/ I, r / 2 NUMBER AND S THE E I ICURRENTI I NUMBER AND STREET 1CURRENTi CITY ! STATE 21P COOS TELEPHONE NO A CITY STATE ZIP CODE TELEPHDIIE NO 16 6 DATE OF SgITI/ SEr LK: UNDER WITNDNAWAL WRONGOL ADDRESS RESTR:c"ONS COMPLIED W-TN CLASS DATE pi,BIRTN SEA IIC UNDER- w�TrypT1AwM wwpRGOL ADDRESS 11D RESTR07I0N8 COMR41Eo WIN/,! CUSS l _r r� D TD Y D O C7 0 ��—� - -`11L�J�!'' �� �;' D D� O C�'C�7 r_, • "-I STREET N MB NUE R AND STREET 18 E '- STATE STATE ZIP CODE rELEPNONE NO I; STATE LPCODE TELE►"W NO lCUT' v -m LE TYPE YEAR AND vEHn;LE MAAE VEHICLE MODEL COLOR V vf-C,E TYPE YEAR AND VEHICLE MARE VEHICLE MODEL COLOR E LICENSE PLATE NO YEAR STATE OF ISSUE NO OCCUP FIRE vE NICLE 1 LIENSE PLATE ND YEAR STATE OF ISSUE NO OCCUP FIRE ..VED VIHKLE iGwED / PIVOLVED TOwEO C Cr 21 INSURANCE CO � 1r�A• T, ' S IYSJRAMCE C6. i7 L ' I� {IJII IL IA . -►T DAMAGED UNIT N•JMBER I J' HAZARDOUS MATjA!AL OR WASTE (� f 5T DO.I AF AMJ,)NT coMHINEC NAZAROChi MATERIAL OR WA TE (,, �3` DAMAGED UNIT NVMBERJ Z E A •TCr /\�IrI EST DC .AA ANY GW*F UNDER '� =� T REAR ENC 3 IEtT TURN OvE I UNDER t_J i� E Hr,N1T TURn LN; B HE AU ON _Z 1_.` A / 1 �1080Y.OM' EST DCx LAR AMT OvE UNDER 22 / 6 TE(LT[/J`/�. O.'S�O. T.TL//tT `niE RE .A; It RELO.J —y r tATUTE REp •�L) e RG A6-' SAME q" S E Rt� / 23 01ERTAAIW1 �-- . OFr RC LEFT t y HIi..-` ANGaE 7 Of' I _--•# 9 SRSE 0 — S, MODIR.'i SEvfyE / 1 aswEOE �! w /4 Jt). v! 0o TW&W `d, /V.� �r ....... ...... . ....... - --- . . . . . . . . . . . . . . . . . . . . . . . wEL e) DAEIBSFEwrTyfYS ADM" 18JnIDM EID A. w ! r • w g1EDEP �rrl R8l�e�M� - 0 04 /7 � ❑ 1-3 14 / YA.Aal 1 ARID / Slays MT laca OrrlR Jr�. r..YBtAI 20 D� � 11.05E—_ __ STATE OF MIYNESOTA - DEPARTMENT OF PUBLIC SAFETY PAGE / OF Off, a. F.AI st NO ND VENS NO ■ALfD NO "A'. rut RUN O iO TRAFFIC ACCIDENT REPORT At1ENO UNAtIM (l U L FON POl!CE US ON v ASEEE BY STATUTE t�fTE OF • �1TN DAY YEAR Ur d WEEa THE L'� AM COUNT, `w ACC .� ..}i� - ��'4'.� 12-1ca AY`tr p J l ..�'�.• :lam Z /\� a j TE S`V.Mm lk"It JMBEAOR STREET NAME ' rNiEASECTRON w:EB LN E Or W V 1 ..1N OR 5t7 'AFT �S � In I REFERENCE POINT N7 ELEM P IC ON BAiDGE PNUTOS 1.KEN ROUTE SYS AOtUTE • STREET NAME C'Tr LIMRTS AEF PO,S/T OP fEATUAE 4 ♦ _ _ _ DAM Lam" v l �N I •., 1 / ) UNIT NO I VEHICLE t UNIT NO ; vEH 2 PED BIKE r DEBVfRLICENSE NUMBER I STATE DArvE ALRCENSE MM,BER 7 STATE M75/-3 - oy3"AST NAME MIDDLE EAST PAST NAME U-MLE UST 15 L NUMBER AND STREET ICUARENn I NUMBER AND STAEET ICURRENI, NOR /-J/"t ), ; E City STATE JIP GOOF 1ELEP.RONE NO R Wn STATE DP COOS I TE\EP..O..F NO .6 5 rl ot'w , i DALE OF BIRTr. SE. LK UNDER VJAQND DL AESTArCTIONS CLASS DATE OF MAT. SEA LK UNOFR wAONG C L PE6tRICTIONS CUSS J r W MpRAKAI ESS COM wITM w iNpaAWA; AUDAESS COMPLIED NS • y r 7 AJ Y N NA �..._. LJ C"J C� i -• : . J F.RST LAME OWNER I MIDDLE •- LAST ',AS' NAME OWNED J MRDOLE LAST -r O NJMBER AND STAEET N NUMBEA AND STREET 18 E :] G' Cm STATE JIPCOOE TE\EPNEWE NU R CtTv STATE JiP CODE 77-- ./ .y VEwCtl TYPE YEAR AND VEr.41E MAKE vENK,E MODEL COLOR y Yt NICLE TYPE REAR ANC vEN,CIE MAKE vEr. ;,\E R/OOf'. COIOF• .7 5' �.e i �/r/ R j� }20 LICENSE PLATE No YEAR Si.Tt Oa :SSt/E RaJ OCCUR ►IRE VENICLE I \-'-ENSE PLATE hKJ •EAR St ATE OF +SSuE NC OCGUP FIRE WITCLE + ♦ INvo, vEO TOWEC I rNVOIVED TOWED M Y 7 91 � �'J [J LJOO �N_ C CND Ri+SUAAWE CO E _OW, EST DOL.AP AMOUNT _ DAMAGED UNIT NtIMBf.R t NAZA NDC�IS MA'f A.AL COMBINfC� NAZA+..�•_„5 M.*i4u; qA W.SRE D.M.GVP \'NiT NUMBER 2 EST DEh LAA AM, --OvEA tP+�UEJY J ) • ES' DOL.AA AMTETW uN!'0yy[Y3 L� I y A..3�T,PN B t1C ON TOEq ✓OA , �-.- �-� STAT VIk G r')OTTJr STATUTE REO IBOE'TOEF�ESTATUTE R IO _ _ ; r� • ZOVEq'AANc A Oy A., T.w;,E L: .. y scFsn::c E23 MODERATE SEVERE At ARAM �— y MODE MTE 5[YEAf .TE aoEITRs wscRklP�RoN yAr --.... ... . ....... ...... ---- ----- — - 13 NA.rE:.,I..AneonsawTEATTwSSa1 — wE,FrEAa ----- 't.I.»:.w,,:_ ,. IN w IT w w w ro•Fw W•a'E.I- AIRS AI! w.Ew �.— — -- -w•-I y -_ _ -- _ __ R,. M!w' i A.J.r' RM ...MrE ' 1.00 jj ci. pETA.-AN w•co art NE• ...tit P. ' E 31p03=� L51 _ STATE OF MINNE50TA • DEPARTMEN' OF PUBLIC SAf ETV PAGE L" — LOC.Y Cw NO NO VEHS NO -ILtEO AID PIlUR T R.IN TRAFFIC ACCIDENT REPORT 1 /'�i °"`•.•..�,,, �_ FUR PONCE F ONLY AS REO 8'• STATUTE DATE OF %oml. DAV rtM� W O� WEEK lox --Amm ... PM .. LCTONTV 1'V) ACCIDENT p / 2 ��� !.." 7' 1.1 p.J'. %l`/ 17r" % /t �. ` /C,�' Z a....A. ,.O 64OUT[5STEORSTREET W `r w ROUTE NbkN OR NAME '' WIFASKIK)" -_Wes LN zE OF U.)Z ONC5/4. /J` WITH OR `1y .rofET 24 "- REFERENCE POINT WT EtEM ON pAIDGt Pap1US TAKEN ROUTE STS ROUTE I STREET NAME City LIMITS NEC POSI ORFEATUAE cr UNIT NO 1 • VEHICLE 1 UNIT No 2. VEH 2 _ PED BIKE LL 9 DRIVER LICENSE NUMMA - I _ STATE DRIVEN :ICFNSE NUMBER 1 STATE 27-Z/o-C9�-y�'Z �✓ _ FIRST NAME MIDOIE UST / FIRST NAME W[QF LAST 5- NUMBER AND STREEET-ICURAENTI I NUMBER AND STREET (CURREN', �� E%�V�C ✓.j4:� �: V V E 151 (;TTV STATE ZIO CODE TELEPHONE NO R Cltr STATE ZIP CODE 11LEPIFONE NC 16 DATE OF SM k TIC UNUFR WRfNiO .'`.l RESTPIC71CN5 COENPLIED wITn CUSS DATE tN BIA1M SE% TIC UNDER NnTnDRAWK MPONC DL ADDRESS RCSIAICTIDNS CONAPLIED WITH CLASS r wITHAN o R AO(%RESS o a �� F-�. o o D E) N 17 FIRST NAME OWNER I M'7DtE tASi FAST N"I ;'IWNfP Z MKXILE LAST W Nt1M8ER AND STREET N nn1MBEP AND StRfE1 ,p 1�. / ( v� J G 64-/ f I V E 3 .2 _T I:IT' STATE ZIP TELEPHONE NO R CITV STATE PP CODE TELEPHONE NO E14 r ? (^ VEnIGE TV HEAP AFM n�lLC:f MAaE vE�IGIE MODEL COLOR V vEHIC..E ' Pf 'SAP ANG VEHq::F MAKE vEnk'�E MOOEt COLOR I EJ � ; H 20 LICENSE PLATE NO VEAR STATE OF IS NO OCCUR FIRE JINVOLVED VEHICLE I TOWED LILE45E PATE NO VEAR STATE OF ,SSUE NO OCCLIP INVOLVED FIRE VEFACLE TOWED C •�� �l11-I L _ _ G O LE 21 7 WgUOAMCE CO "-"'-- E PYs.,P.NCE Co -_• _ EST MLLAP AWJVN HAZARDOUS MATERIAL ORWASTECOMBINEC HA:ARDCUS MAIEAIA. OP WASTE DAMAGED DR, T KUMBEA 7 UAMAC•ED UNIT NUMBER I E . Es, DOL;ARAM• G.f -E: Ly'� UVEP I T REAP END j LEFT TURN LJ UNULA L' E ArGn11URN p nEAG ON C] f 1 • �__. pia EST DOLLM AM• OVER UNDER 22 e TOP S IO mallow .PVUfA �� RED *.- 4-- A ~� STATUTE RED -� 1 y t.. / O SOnOw �= SSTTAIU71 R60 SLRIHT MOLE E _5'ATUTE 2 Z.' jA—�KING . OF RD LE ri �j RL ..• AN:,.E -os Rf: AK:nt g SIDE (WI►E S / • SL J T MOOEr,AAtE SEVERE -ter, rl tL 1 7 . . . . . . . .. A. ....... ... 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PU!{• OR IEA TVaf oUmf w C\C4 a - ' 14 _ -__ -_. ._ _. • ... _ 1 _�—(_.fin ^ UNIT NO 1 VEHICLE T UNIT NO 2 ❑ VEH 2 LJ PED BIKE 3 DR•.ER tH ENSE NLMBEP 1 STATE On:.IP _4 C•.;E r1uMBE� I+t PAST N.4f M00/E LAST FOIST hA4F JMIDOLt --�- -LASTSE IF iS O S R NUMBER \NC STREET HUMeEf )Y i1FEF! lam\ c1 Y -- $r.TE tIR CODE E c,Tr srAlE rIr ro;f 18 Loki P A 2K. __�o _ . R - - — - DA1t OF BAT. EEA .NY A111 REST AIL GlA$S 7ATE Or SATN-- 1E% tNY.l,O RIVR1[1'JN$ CLASB ,.N$E NOT COVRtaD L%:[N4E rrpf COvnuED ..'. W ITH I T ����T�` l �FrN�we, 1 MIDOLE LAST O -_ NUVtlkP ANpifPf E: �- -.—__. W hVMBfv �r.J Sr4E[r .--- -- — N 18i E _ rV CODE R iry-------____--4rATf rV CODt ~J 19 rF•-.E •:PE `_��__.__._ •EAR .NU of ••rCtE 4..f COIOR Y YE••K.F '•PE -- _--_-_ rE.P .ENO •1HtCLE M.KE COLOR 1 ti ' j-1o_�.,•-�-•I �ofv3+.:CD •u�aN_:r 11'�^''y���.-'_���__ U�t-R-T_ .•:NG - }~� O1C::u► 14 E1 —�20 LC __ om.-WE _V'.SUE NO _AVY� pR�NOL.CfNGE •LA'E NL S'.TE OF Is$uE `C L 21 .R LEFTTURNS DAMAGED UNT NUMB' 7 NLMBEA Y$ MrE.SECi•ON .. 1 a— 4- J PUiNOLE . FF DIEEf AU l R �1Dsonor E$' FSt DOLLAR A4T'iO221 Wo j MOtC.T[ HO\1N DESCRIPTION . . . . _ . . _ _ . . ... r 10 1 - 1 N 12 i U i J T .--- r 3 L •�. �� , J:DL_ ACr !!N1 UI! 3rbTEM IP.',F FIOL YI AR DA• D• MI PUllt! NUMBlN OP L1R((1 NAM( I-E USE ON: Y.DI }IVI � C 11N/V M �Cl/Y F 0 At IN1l RSECIgN WITH Z I� pOUTE SYS RDull F SIA[(l NAME CIIY LRAIrS Pkf rObi Oa Fl A1uP( OS PL.- LY of Il RE NCE POWT Mt ELF4 � -j cr UNIT NO I • VEHICLE I —_ UNIT NO 2 - Q VEH 2 PED DIKE — �— -- 0 ORryfR LKlNbF NUMBER - 1 �'+•a't "tin .110EN5, Nu4eER 7 SIA1f •�•�/ \/ Fl IR3, %AuE MIODLI LAST FPIST NA NIDOIE LAST 15 IJMSER AND STREET i I NUMBER AND $TREE yr ST Atf —_ -:N lQOt v E _ CI1r S7AT PP CODE VVV 16 S L`^ ( 1 DATE OF MI- SE■ VALID RESTCICN5 l. OO►N0QC-o SEAKEN .01 fOMPLEOW MT. R"C"Oks a - LAIS ' O 17SE N + • Sr I:A4E :)WHEN 7 MIDDL LAST -- h J4RER AMI SialFi O W I75uet4 ANO "AEIT_— N 18 STATE ZIP COD[ P CITY ST•IE 71P COD( 19 VEN LF TV►E — ND VEHICLE MAKF .__ COLOR V VEMI-LE TYPE Vf AR AND VEHICLE MARE COLOR E 20 LICENSE VL•te NC YEA`'R'}/ biAlf OFiSSUE wG OGL'.uP C uCE NNSF PU CENu 'EAR b1Ar( OF ISSVF NOO: CUP � c�S E 7 DYII •'iC L'":-• ! STOP �b aF AR !N lkFt i.ia1: RIGHT IURN READ ON NL'uEEF — I — 3 5 -- b — 8 -- ^l4AGCC "'tl! MC'MlEP 7 Mif RSECiION P1GHt •HOLE --1 � '� ••' _ ) A /wK..� j OVf RiANING 4 OFF AD LEF' - FD PfUHT 1� 8qE SWIPE e TOE 21 Toeonor V�•�i-- t E87 DOLLAR A41 J F -- 1 r_ 'oeonor j _ f4t D-�:tAAS. I M 22 _ Z '��O//ee_ a _—__— -- - NDIC•lE NOQDES IFT AR-- {� V- 23frA I 20 ... IT v J A �. i _ t � , IF .1r. � l `.l 1 \1 ��'�-, `L�1 A..��� '`j I4 �'�`... -('_ I �..Y 'I,�` �..I r� I• Y 6 0 It 0- Molly. P., wit., I"t COUNTY -ccoot" M &,0/^ Ni i, I _i: z N, .4tt, %-vt lT KfA C) k F 0 1L-5A H f Cc, 1--va—gorw Ds a I E BYS auvvi • StRify NAML Cill 1WI16, Ati POST OR ItATURE #61CRENct $low] + UNIT NO I • VEHICLE I UNIT NO 2 -j@ VEH 2 C] PED ❑ BIKE qbovtk Loctolst NUMBER I I it CM.I. .,,.Fksf Numef. 2 FIRST NAME MIDDLE LAST FIRST ft..[ MIDDLE LAST 15 D ee� NUMBER AND STREET NUMBFA AND SIALI 06 ,j $t"T'i W cz;zT E c'?STATE vp cooe 16 .4".ot, -Tii�tsin_ I ft _rs .11 Ri. St. to fits?"wIKIN� f ur RESin_ -ir— CS i Ll� N5E LIcEm NOT COMPLIED C] AV /-?,o A 0 WIT.. c _j st I "oss F6151 RAI ..I D.Niq 2 WOOLF LAST v;7.­iTa —A-.5 s I, r E T W N E cyly sI7fi7_ R . STATE Zcool T 19 vE..c,t Ilpi It.p AND rf..CIE MA.E COLON Y VEWCLE TIPE YE.R AND -4--CLf MAKE coLoa — - PIZ - —XIV14,11.1r. //c I %&F -LAI[ No iii. 6 V-7— c, C' 5CENS1 PL"k ILA. 1 cup L E 1 STATE I , "'o Of ISSUE x5u, No oc NOMBEA T RE.q EhCWLEIII,,." Iu.. 8 Nt.D ON 21 DAMAGED VN?I NUMBER 2 2 3 0-F AD LEFT izw Ti-i-.�—, f-T Iy 22 10 By Anqc,* 23 ce 10 I L, ;L 12 I UJ 30 PHONE NO. STATE 'OF r� CE 0 0 �t � DEPARTMENT OF NATURAL RESOURCES Mr S February 18, 1987 Mr. Peter Watson 828 Norwest Midland Building 401 Second Avenue South Minneapolis, MN 55401 Dear Mr. Watson: i I received a copy of your letter requesting that the area near the mouth of Long Lake Creek at Tanager Lake be posted as a fish spawning area. The St. Paul Fisheries area has a number of posted fish spawning areas on Lake Minnetonka. The areas are posted to protect significant spawning areas and to provide us with a reliable source of largemouth bass fry for stocking purposes. We do not have the need to post additional areas on the lake at this time. The area in question is open to fishing. Legal access can be obtained by watercraft. The problems of illegal trespass on private property, littering, and over limits are enforcement problems and are best handled by local enforcement personnel. The addition of more restrictions in the area without enforcement to ensure compliance will only compound existing problems. Thank you for your concern about our fish management in the area. Sincerely, Bruce Gilbertson Area Fisheries Supervisor cc: Steve Walter John Gerhardson BG/shl.'_1 At, EQUrIL UPF" RTiIrVTv CVPLIUYU4 21987. 2 4,3 TO: Mayor and City Council P'Y 6 FROM: Mark Bernhardson, City Administrator DATE: February 19, 1987 SUBJECT: March Council Meeting Schedule f =� 23 1937 ISSUE - If deej<,ed appropriate, adjust regularly scheduled meeting dates in March from March 9th and the 23rd to March 17th and March 30th. ,DISCUSSION -Because of scheduling conflicts in March with Councilmembers being out of town, it is recommended that the regularly scheduled meeting dates be changed to Tuesday, March 17 (due to Monday, March 16th is Planning Commission) and Monday, March 30, 1987. Such a change would shift the gap that would normally be three weeks between the March 23rd and April 13th meeting to be between the February 23rc and the March 17th meeting. Such would allow a for four members at the March 17th meeting and five members at the March 3wth meeting. On the regularly scheduled dates it is anticipated that there would be three at most at the P7arch 9th meeting and possibly four at the March 23rd meeting. RECOP_iMENDATION - It is recommended that the egularly scheduled dates in Parch be changed to maxmize Council attendance at those meetings. PROPOSED '10TION - Ptoved by _ , seconded by , that the regularly scheduled meetings in March be changed from 'larch 9th and 23rd to Harch 17th and Har.ch 30, 1987. Ayes Nays 21987.8 TO: liar;: Bernhardson, City Administrator FROM: Dorothy Hallin, City Clerk DATE: February 19, 1987 SUBJECT: Of: -Sal- Liquor License Fee Ordinance s 2 3 198 7 The City Council at their February 9, 1987 Council meeting vdopted the Off -Sale Liquor License fee. ',ttached is a copy of the amended fee schedule ordinance for Council review and official publication. TO: Mayor and City Council FROM: Mark Bernhardson, City Administratotl17"A � J Forwarded recommending adoption. PROPOSED r,JTION - Moved by ____, seconded by that the Council adopt ordinance amendment # _ as an amendment to Ordiance No. 28, Second Series. Ayes Nays _ 21187.1 ORDINANCE # , SECOND SERIES AM ORDINANCE AMENDING ORDINANCE NO. 28, :1ErnMn gERIES ADOPTED DECEMBER 8, 1986 AND ENTITLED "AN ORDINANCE ADOPTING THE 1;'t7 FEE SCHEDULE" The City Council of Orono ordains: Ordinance ilumber 28, Second Series adopted December 8, 1986 and entitled "An Ordinance Adopting the 1987 Fee Schedule" is amended to read: LICENSES AND MISCF.LLANEIOUS CHARGES BEER, WINE AND LIQUOR LICENSES Tnitial Investigation On-Sale/Off-Sale In state investigation up to $10,00(J Out state investigation - actual cost Initial Investigation - All Other OFf-Sale Liqur.r License Bond nequirement On -Sale Liquor License On -Sale Wine License 1.2 Beer off. -Sale (Annual) 3.2 Beer On -Sale (Annual) Setups (Annual) Club Liquor License (weekday) (Sunday) Temporary Set-up Permit (one day) Ter^,perary Beer Permit (one (Jay) $500.00 per license $150.00 per person $ 150.00 $5,000.00 $4,000.00 $ 750.00 $ 25.00 $ 75.00 $ 100.00 $ 100.00 $ 200.00 $ 25.00/each $ 15.00/each This ordinance amendment shall be published in the Laker an(! Pioneer Newspaper and shall be effective upon publication. Adopted by thf, City Council. of the City of Orono on this Jay of 1987. James R. c;ra ek, Mayor ATTF ST : Dorothy 11. Ila1�In, C ti y c erk Put)' ished in the %aker and Pioneer newspaper on day of 21 87 9 .5 TO: City and Mayor Y Y CouncilFF.TING FROM: Mark Bernhardson, City AdministratoA�i) V_3 23 1587 DATE: February 19, 1987 yi SUBJECT: Community Development Block Grant Applications - Discretionary Funds Attachments: A. Letter to Crystal Bay Residents Dated 12/19/86 B. Hennepin County C.D.B.G. Announcement Dated 2/9/87 ISSUE - Approval by Council fc- submission cf request to Hennepin County to use discretionary County C.D.B.G. funds for assistance in payment of Crystal Bay assessments for qualified applicants. INTRODUCT.T.ON - In 1985 the City had budgeted C.D.B.G. monies to assist in the paymei.t of hookups together with sewer assessments for persons in the Crystal Bay area. Since there was not enough money in that program to fund all those completely, the City did submit a request to the County to ask for additional discretionary funds. These were approved. Because of requests from residents in the neighborhood it was indicated that to the extent that discretionary monies were available in 1987 that the City would go through and again make requests for these funds as there may he new persons who would qualify as low and moderate income i ividuals. DISCUSSION - The County discretionary funds are funds left over from all the communities in Hennepin County that were not expended prior to December 31, 1986. Based on Attachment A, the City hc.s received applications for these funds and feels it apprc.priate to make the request for the County funds to pay off the balance of the outstanding assessments. The City does not currently have any C.D.B.G. .,conies available for this program. -�s such it is felt appropriate that a submission be made for these discretionary funds. (Last years program for C.D.B.G. discretionary funding had a 5 week period from announcement to close of applications in January and February. To anticipate that the City sent out Attachment A in advance of the announcement which this year did not come out until February with an 8 week application period.) RECOMMEMDATION - It is recommended that the Council approve 8-uWlssion of the applications fcr Community Development Block Grants for qualifying low and moderate income persons, to the County requesting funding from the County's discretionary C.D.B.G. funding program. PROPOSI"D MOTION - 'loved by , sec•ornled by _ , that the Council approve submittal of low anti moderate income applications to the County for discretionary C.D.e.G. fundinj for the Crystal Bay sewer issr•ssment. Ayes , Nays er-: John Gerhardsc,n, Public Works Cc.(,rdinatur -o,m Kuehn, Finance Director t,arr.• Blackstad, Hennepin Count; Yost Offic(• flux 0#)*CrystaI hay, MIIIIIvsoUf 'YOD—Municitilt I Offici•a Ott the North Short, of Lake Minnetonka. December 19, 1986 Dear Crystal Bay Resident, As you may recall about a year ago the City had some funding available to pay for part of the assessments for the sewer project for persons who qualified within the income guidelines. While the City does not presently have money for further grants, the City is willing to, on behalf of individuals who would qualify, apply for discretionary funds that become available through Hennepin County during January and February. The extent of this funding is not known at this time, but if granted may pay for all or a portion of the balance of the outstanding. assessment. Should you be interested in Such a program, it is requested that you return the attached short form application, which will be used in applying to Hennepin County by JANUARY 7, 1967. Should money be given to Orono for this program, the City will then need to have you fill out a more complete application to make the actual qualification determine, tion. If you are interested please contact John Gerhardson at 473- 7359. It is anticipated that thic will be the last year that this will he able to be offered. All information received will l,e knpt confidential. Sincerel , 11 1 Ma k Ber dson City Administrator cc: Larry Blackstad, Office of Planning & Development Hennepin County NI IIIN%:.•P0%1r1. J AINI\IS,k%110%AF1%k%41 4111Is% • MID K WORKS 471-7A9 4,%%1 %%I%(. vATE: February 9, 19W TO: Cooperating Units HENNEPIN Urban Hennepin County CDBG Program ' FROM: Hennepin County Office of Planning and Development I L SUBJECT: REALLOCATION PROCESS/1987 DISCRETIONARY ACCOUNT FUNDS The 1987 Discretionary Account contains approxiamtely $450,000 for realloca- tion. The process by which a recommendation will be made to the Hennepin County Board of Commissioners for reallocation of these funds is based upon the Joint Cooperation Agreement and the Citizen Participation Plan. The Joint Cooperation Agreement establishes that funds returned to the program be placed in a countywide discretionary account and that each cooperating unit has the oprr- tunity to request the use of these funds for an eligible CDBG activity. The Citizens Advisory Committee has established the accompanying Urban Hennepin County Project Review Criteria for use in develop;ng their recommendatior, to the Hennepin County Board of Commissioners for funning from the Discretionary Account. Although the County Board of Cornraissioners has not yet taken official action, the Chairman has proposed that priority consideration be given to the develop- ment and funding of activities which satisfy Economic Development, Housing, and Public Facilities and Improvements objectives. Requests for discretionary account funding are to be presented on the form provided. Communities are urged to limit their requests to one project and to remember that approved activities are expected to be completed by the end of the year. If associated with an t.xisting or proposed Year (Ili activity, the implementation schedule appropriate to that activity will rrevail. Since the Committee will make its decision primarily upon the written material presented, it is necessary that each request for funding be as complete and detailed as possible. The Committee will provide each community submitting a request for funding the opportunity to make a brief presentation in support thereof as part of the review process. The Request for Funding Pr)cess Schedule presents the timeframe to be followed in the 1981 Discretionary ccount reallo(-6'.ion process. tf Enclosure Urban Hennepin. County Discretionary Account Fundinq Project Review Criteria The Funding Request Review Criteria represents the framework to be used by the Citizens Advisory Committee in evaluating to what extent a specific funding request is consistent with the following Discretionary Account funding priorities established by the Citizens Advisory Commit- tee within the responsibilities assigned in the Urban Hennepin County Citizen Participation Plan. f1ding Priorities o The prim6ry national objective of the CDBG program is to enhance/ improve the lives and living situations of low and moderate income persons. o The Discretionary Account represents supplemental project funds which are available to the urban county participants. Applicants are to demonstrate that the proposed -ctivity represents an activity for which alternative funding is unavailable. o The Community Development funds are limited, the Committee encourages and supports those activities which leverage additional public or private funds. ® The Committee doe3 not view CDBG as an appropriate long-term funding source for public service progr;,,ms, it will require that service/ administration requests demonstrate a multi -year financial plan. Review Criteria e Does the proposed project primarily benefit low/moderate income M"rsons? o Does the nosed project leverage additional public or private funds? o hoes the propos, iect represent an expansion or continuation of an existing and/ot iously funded activity? o For economic devrlupment-ojects, does the proposed project generate at least one jot, which wi, tie availabli> to low/moderate persons per S5,000.00 of requested funG o Does the proposed project create additional financial requirements which will continue into the future? • Does the propose::{ project represent a r;wlti-jurisdictional funding request to a common need? Does the funding request represent an extraordinary community activity? REQUEST FOR FUNDING 1987 DISCRETIONARY ACCOUNT URBAN HENNEPIN COUNTY CDBG PROGRAM THIS SECTION WILL BE COMPLETED BY HENNEPIN COUNTY Project Eligibility. cit—' ton Hennepi—'n County date ER Status: / status Environmental Review Specia ist date Project Number: / number Financial Manager date A. GENERAL INFORMATION 1. Cownuni ty: 2. Project Name: 3. Contact Person: B. PROJECT DATA 1. Funding Sources: CDBG $ _ _ Other S 2. Is this request to fund an existing project? Yes No a. If ye_s_, please indicate CDBG year started , Project Number b. Total CDBG funds progra=ied/expended since start of project: $ / 5 3. Is this request to fund a proposed Year Y,III project? —_ Yes No 4. Location: Census Tract/s_ _ ! City Wide ATTACH MAP 5. Description Describe the project in as much detail as possible. Provide a state- ment of (1) community need for project; (2) how arojert will address the need and the anticipated results; and (3) what, if any, alternative funding scurcr_s have been considered for the project. 6. Does the project address one of the three priority objectives? If so, indicate: Economic Development Housing Yes — No Public Facilities and Improvements If not, what objective does it address? 7. Implementation Schedule Identify the major project tasks to be performed during the implementation Lc:hedule. B. Budget Specify project., budget for each component of the activity identified in No. 4 above. Component Budget Source of Funds Total Project Budget $ Total CDBG Budget $ Does implementation includ-frequire Year CDBG Funds? OPP 2/., 87 Yes No REALLOCATION SCHEDULE URBAN HENNEPIN COUNTY 1987 DISCRETIONARY ACCOUNT February 11 March 13 March 24-31* April 16* April 21* April 22 Di,,trloulticr, of Discretionary Account Reallocation Process memo/material. * Tentative Dates Requests for Funding due at Hennepin, County. Citizens Advisory Committee reviews requests for funding and prepares recommendation to Hennepin County Board. Hennepin County Board conducts public hearing on reallocation of 1987 Discretionary Account funds. Hennepi;. ,unty Board approves reallocation of 1987 Discre- tionary Account funds. Communities awarded funds may initiate activities. tf 2/9/87 21287. 13�D TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato DATE: February 12, 1987 SUBJECT: Funding for Volunteer Recognition ISSUE - Determine what level of financial support, if any, the City would be interested to put forward for recognition of those persons who serve the City in a volunteer capacity i.e. Planning Commission, Park Commission, Police Reserve. NTRODUCTION - Over the last several years the Poi ice Benefit Association, which is composed of the sworn police officers, has sponsored a dinner for the Reserves and their spouses. This year however, the Benefit Association had no fund raising activities and as such has no money for which to fund the dinner. DISCUSI)10N - In a discussion with the League of Minnesota Cities it was r"etermined that the City does h- — hh^ :authority to expend money for recognition of its volui, :ers and having been approached by the Police Department to see it the City would be willing to finance any portion of the reserve dinner would re ommend that any policy adopted, be applicable to all the City volunteers. At present the City has not budgeted anything for such, but a policy of approximately $10.00 per commissioner would be in line with the level c;f support given the reserves by the Police Benefit Association. if the City put forward this level in recognition of these volunteer people, it is estimated that this would come to a total bat.'.:,(2t of approximately $500.00. It is anticipated that the Reserve monies would be used for a banquet that they annually have and that utilization for our Parks and Planning Commission can either be done as a subsidizar.ion of a di-.ner at which Planning Commission, Park Commission and Council atcrnd together- ;with selected staff members who desire to go or the the money !,ased on a per head count be used for another type of reception in their honor. 1F,c'M1MnNDATION - It is recommended that the City establ ish a poTTcy oT-�'T01.0-b per volunteer an,1 that money for the Reserves be appropriate3 in a sum of $150.90 for volunteer recognition for 1987. It is additionally recommends i that recognition money be budgetel in the 1988 ! uc,get fc,r a1 l the City's volunteers. c(--: Hel Kilbo, Police Chie` Jeanne 111a!)usth, Zoning Administrator John Gerhardson, Public Works Coordinator Tom Kuehn, Finance Director it, TO: Mark Bernhardson, City Administrator FROM: Tom Kuehn, Finance Director 71) DATE: February 19, 1987 SUBJECT: Approve Purchase of Cash Register F-''-3 2 3 '19 87 We have received and reviewed the proposal from Retail Data Systems (RDS) for an electronic cash register system to be installed at City Hall. As you may recall this system was origi.%ally designed for the City of Brooklyn Center to conform to the chart of accounts as formatted under the LOGIS computer system. We have visited Brooklyn Center to observe the operation of the cash regisiter and have reviewed reports output by the system. Both Brooklyn Center and RDS invested considerable resources on the design and programming of the system to meet the unique requirements a city has to contend with. The investment will enable most receipts to be properly coded as to fund and revenue source at the time of receipt. The system should satisfy our reeds today, as wel.l as in the future. The purchase price is $5,190.00 and includes programming, delivery, setup, operation training, manager training and operating manuals. We have provided $5,500.00 in the Improvement and Equipment Outlay Fund in the 1987 budget for this purchase, which leaves excess monies if an electrical line filter or static mat is required after purchase. It is requested that Council. authorize and approve the purchase of an electronic cash register - data terminal system from Retail Data Systems of Minnesota in the amount of $5,190.00 TO: Mayor Council Members FROM: Mark E. Bernhardson, City Administrator, Forward Recommending Approval PROPOSED MOTION: !Moved by ____ Secorded by _, to authorize the purchase of an electr_onic cash register - data terminal system from Retail Data Systems of Minnesota as Proposed, in the amount of $ F, 1 90.00. Motion ayes_____, nays 21987.10 (18) TO: Mark Bernhardson, City Administrator FROM: Tom Kuehn, Finance Director DATE: ?ebruary 20, 1987 SUBJECT: Adjustments to 1986 Adopted Budget F-D 23 i987 .. 7YR 3 OR NO When the 1986 budget was adopted provision was made in the General Fund Special Projects/Contingency Department to appropriate $26,500 for salary and retirement benefit adjustments due to comparable worth findings. I have prepared a listing of needed amendments and have included amounts for the two building i.iispection prositions, which amendments are due; 1.) to the Contract with Wayzata and 2.) to the status change regarding worker compensation support. I am also requesting an amendment between the Street Department (increase $2,995) and the Park Department (decrease $2,995) based on the actual use of the public works labor pool. 1986 ADOPTED DFPART'IENT BUDGI7"T Administration $ 92,383 Finance 67,175 Building & Zoning 132,355 Streets 140,055 Parks 31,990 Spec Proj/Continq 26,500 Net Change 1986 AMENDED ADJUSTMENT BUDGET $ 10,165 $102,548 7,875 75,050 8,460 140,815 2,995 143,050 (2,995) 23,995 (26►500) -0- -0- The net r7hange to the total 1986 budget is zero. TO: 'Mayor and City Council FROM: Mark Bernhardson, City Administrato�l� 1 Forwar,ied recommending approval. PROPOSED MOTIOM - Moved by , seconded by , to approve as _ prPsented the adjustments to the 1986 Cenerd-l-Fund department budgets for comparable worth ano other salary and retirement 'he nefits. Such adjustments are funded by monies budgeted in 1986 in the General Fund and resu't in no increase in the total 1986 hudge" . Ayl's , Nays 1 21987. 6 C-) TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator DATE: February 19, 1987 SUBJECT: City Public Auction - Cars Attachment: A. Proposed Legal Notice - Public Auction F_3 2 3 1987 ISSUE - Authorization for City to hold the auction of vehicles including confiscated and unclaimed vehicles from impound. DISCUSSION - Annually the city holds an auction at the private impound lot operated by Martin's 66. Proceeds from the auction that exceed storage and impoundment fees become the property of the City. RECOMMENDATION - To approve the sale of vehicles listed in Attachment A at auction on April 4, 1987. PROPOSED MOTION - Moved by , seconded by r the Council approves the sale of vehicles at auction on April 4, 1987. Ayes Nays LEGAL NOTICE PUBLIC AUCTION The Orono Police Department will conduct a public auction April d, 1987 at 10:00 a.m. at Martin's 66 station at County Road 15 and County Road 19 in Navarre. These vehicles have been abandoned, seized, or been unclaimed. The following vehicles will be sold to the highest bidder with payment in cash or (frieck with all sales final. MN MM63076 1972 Suzuki MN MM 15114 1980 Y am ah a MN BY50962 1979 Ford Van MN EBF384 1979 Datsun MN BTV768 1977 Pontiac MN MN32255 1981 Honda MN 09 2AJZ 1976 Buick MN DLM626 1975 Chevrolet Vega MN N%rV744 1976 Datsun MN FFD634 1975 Ford MN DYH430 1971 Chevrole- MN CDB267 1976 Volkswagen Hatchback MN CZX720 Dodge MN 719BXG 1969 Mercury "Also to include other vehicles that become available at auction time, This auction will be to satisfy tow and stc ige charges. This auction is being conducted in accordance with Ordinance 4178, Opt. 112. By the Order of the Chief of Police, Melvin Kilbo INTEROFFICE MEMO �v DATE: February 11, 1987 TO: Mark Bernhardson, City Adminis�frati o'flMEFTING FROM: Mel Ki lbo, Chief of Police F _9 2 3 1;;87 RE: Salary ReviewONOd1 3 Officet Mark Moran will have been with the department six months an February 14, 1987. He was started at the one year level of $2027.00 (11.691 hourly) on Lugust 14, 1986. Lt. Cheswick completed an evalutation of his job performance on 8/30/86 which encompassed my personal observation as well as feedback 'from field training officers. This appraisal suggested a superior rating for a new officer. Mark has been involved in numerous burglary investigations, a CSC case, numerous theft by check investigations, narcotic arrests, and an ongoing theft investigation at the Lafayette Club. Mark has either brought the cases to a successful con- clusion or has performed in a highly professional manner. His courtesy, compliance to lawful orders and attention to duty conforms to the departments highest standard. Mark was a full time officer at Medina, at top pay, when we hired him. After he came, the City of Medina has asked him several times to return to work for them, but he has informed them in writing that he enjoys working_ at Orono and respectfully tut :,ed down their offer. Officer Marc Fritzler entered this department at a twc year rate and went to full pay after six months. Lt. Erickson entered at two year level, and after- six months went to a third year level, as did Officer Brad Johnson, Mike Kirnyczuk, and Jim Morowczynski. officer Mark Tomczyk entered at the six month level, contiruerj for one year, and then was at the first year level. I would rr�coilimen6 without 1 eser\ iticn that Officer Mark Morar be (_,.le,!ated front full pay of $"533.00 ($14.613) , 1986 sularr r_::t(, ,:, o: 1'elru6ry 14, 1987. TO: Mayor and City Council KK FROM: Mark Bernhardson, city Admin;strator�ll Forwarded recommending approval increasinq Mark Moran's salary from the first year to the third year level at the six month employment rcview and in line with past practice on the matter. Such shall have no impact on years of service required to receive longevity pay. PROPOSED MOTION - Moved by _ seconded by _, the City 'ouncil authorizes the increase to the thud year level effective February 14, 1987 for Officer Mark Moran. Ayes _ , Nay:, _ 21987.3 -3i TO: Mayor and City Council FROM: Mark Ber.nhardsor, City Administrator,` DATE': February 19, 1987 SUBJECT: Dahlgren-Shardlow-Uban Letter of Agreement Attachments: A. Proposed Letter of. Agreement Dated 2/13/87 '3 i�t87 N ISSUE - Establishment of a new agreement with Dahlgern Shardl.ow & Uban for the Highway 12 Corridor Study. INTRODUCTION - When the City commenced the Highway 12 Corridor Study it entered into a five phase contract with Shardlow regarding this study that provided for a combination of consultant work and City work through the five study phases. This was a fixed fee contract and expired upon completion of the study. It was felt that additional consultant support is needed for development, review, and sul)mission of the comprehensive plan through Metro Council approval. DISCUSSION - This agreement would be basically a time and ,,aterials contract in which they would only do work directed by the City Administrator and that the, would give an estimate of that work prior to commencing it. We would recommend that $2, he allocated for this phase of the comprehensive Elan wor lirly from the City's ', 25,000 contingency. The originally Stu considerately longer than antiLip?ted any; initially did not >ated that it would lap over i.ntc. the 1987 budget year.. RFCOHt. .TION - It is staff's recommendation that the attached contract T—approved in an amount not to exceed $2,000.00 appropriated from the City's contingency, for work on the Comprehensive Plan on an as needed basis to assist through the fIetro Council consideration. PROPOSED MOITON - loved by , seconded by , tc appropriate $2,000.00 from contingency for use on the Highway 12 Corridor Study Comprehensive Plan amendment . .Ayes , Nays cc: John Share. .i 13 February 1987 Mark Bernhardson, City Administrator City of Orono 1335 Brown Road South Post Office Box 66 Crystal Bay, MN 55323 RE: _otter of Agreement for Professional Planning Services, Pursuant tc Assisting the City in the C—npletion and Irnplemen. ation of the Highway 12 Corridor Study Dear Mark: This is a Letter of Agreement to cover thu cost of our services related to the cornF!etion and implementation of the Highway 12 Corridor Study. As you know, the work that has already been completed by our firm on this study was covered by a formal contract. T`iat contrjc' essentially deferred detailed estimates for the consultant's costs to assist �n the final stages unLi' we all had a clearer picture of the direction that the study was heading. As you also know, both the scope of our services and the time required to complete the initial stages of the study greatly exceeded our negotiated estimates. Unfortunately, that is far from unusual in studies such as this one. However, it is precisely the reason why we are reluctant to enter into fixed fee contracts. Therefore, for the portion of the wcrk that remain;, we pr000se to work for you un a Tine Plus Material:. basis. We will indertake only that work that you authorize and we will give ynu an-stt;nall� of the expected costs associated with the tasks in question prinr to be,,-nning any work. I have attached a copy of our Standard Ratr� Sche(;uie for y•-)ur reference. In closing, I want you and the City Council to know that although tt,ir, study has taken more: time than any of us �xpc-cted at the outset, the results have been worth thr! wait. With the direction that this Cornpreheiisive Plan arr;randment has taken and the plan for its implementation, the :•f!ectf-L land LET'S ER OF AGREE.M- 1T, CITY OF ORONO PAGE 2 owners � an put their land to appropriate use. At the same time, ti, . V of Orono can rest assured that the quality i)i U,i:- development will be ;jr,,- rate and that thr vw' jrnment will be protci-t,.J. Sincerely, :.,ardlow, Vicce\-dent iL.GREN, SI-IARDI-rw, AND UBAN, INC. CONDITIONS HEREIN AGREED TO: James G,abek, Mayor --- _—.___- _.- _ - Datt CITY OF ORONO Mark Berl,!-ardson, -( Ay .dm nist"ator CITY OF ORONO Attachment: Standa,•d Rate ifjle STANDARD RATE :,CHEDULE DAHLGREN, SHARDLOW, AND UBAN, INC. :staff Member Princi,,als Senior Planner Planner Landscape 'krch►tect Urban Desi;j, er Market/Research Analyst Greohic resigner L sman Word Processing rr—etary Outs►ae Consultant, Supplies Mileage Expert Testimony Past Due Acco►►nts Rate $75.00 to $100.00 $40.00 tc $50.00 $30.00 to $50.O1, $36.00 tri $50.00 $2 .0 $: $ o-25.00 to $40.00 $25.00 to $40.00 $25.00 to $35.00 $20.00 to $30.00 Per Job Plus 15% Cost Plus 15% $0.30 Per Mite Two Times Hourly Fate One-half Day Minim.:-) 1.5% Per 21987.11- �{ aG TO: Mayor and City Council FROM: Mark Bernhardson, �.ity Administrator, F_3 DATE: February 1 • 1987 SUBJECT: Administrator's Information COMPREHENSIVE PLAN #2 -_ HIGHWAY 12 CORRIDOR - The Planning Commission held a public nearing on the Highway 12 Corridor comprehensive plan amendment at a special Commission meeting held February 3, 1987. This public hearing was continued until their regualr meeting on February 17, 1987. At that meeting they reviewed additiona' information they had re —ested together with approval of a re:-.,mmendation forwarding the study with amendments to the Council. It is anticipated that the revised draft will be submitted to the Council at their last meeting in March. 141,'4 DURHAM ROAD SOUTH MINNETONKA, MINNESOTA 55M � ►6, I�1g1 h vw P um/n, Glo W4 VV "bud, r N. &Any " . ;� a- c A/U 41t v nmy OAA 3� FETING F 7B 231987 LIST OF LICENSES FOR COUNCIL APPROVA FOR MEETING OF February 23, 1987 RESIDENTIAL KENNEL LICENSE - Ross B. Nathanson 2420 Countryside Drive Maxwell E. Alvord 960 North Brown Road Frank & Susan Kokesh 4100 Watertown Road. COMMERCIAL KENNEL LICENSE - The Dog House Boarding Kennels, Inc 3505 Wayzata Blvd. SEPTIC SYSTEM INSTALLER - Sullivan's Services, Inc. 3660 Highway 101 South Wayzata, MN 55391 RAFFLE LICENSE - Methodist Hospital Foundation at Wayzata Country Club 200 Wayzata Blvd May 1, 1987 r•�� KENNEL LICENSE APPLICATION Effective March 1, 198 7 to February ice, 1'198.15JAN 1 2 1987 Owner: �� U Property Address �- (include city and zip) Mailing Address (if different): Phone: (home). y 7 Z) c C, RESIDENTIAL Kennel License Information: (payment must accompany app"•_ication) (work) $25.00/year Maximum No. of doggy: to be kept at on _me: (over 6 months of age) Principal Breed: //,?,=157 i /�_ r`- Purpose for more than 2 dogs: % of I'Ac.bo,/S vf Dogs normally !:ept.: V 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) (phor. c ) Dog runs/exercise areas ire: !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 (lo-�s not grant any authority to violate any provision of any City OrGinance or other law or regulation; the unc3ersic3end hereby grants t ,e City por.irisssion to inspect the premises prior license approval end at any other reasonable time during the l icerse durat? on; and the ut- iorsigned ar,rees to abide by the requirements of Municipal Code Chapter ' .36 in(..luding any s;%ocial conditions imposed by the Cit.' Counci.i as part ,f any ':nnnej 1_iconse approval. �C ply / •_"1 % / j/ , �•, .-i.., ,� . � / � ,� A-,,I'J i caI't t.. I'or �2 i t Fpr.ommends Approval Den i•) I KENNEI. LICENSE APPLICATION Effective March 1, 198_ to February 198_ Owner: Property Address: <3< 1 ( include city arid zip) Mailing Address (if different): `Z6 Phone: (home)- 41 %:3 511 ( RESIDENTIAL Kennel License Information: (payment must accompany application) (work) $25.00/year Maximum No. of -dogs to be kept at one time: (over 6 months of age) 5 ? 4? ALPrincipal Breed:��i; ,, � � t X. c . )/ 0 S�1c.vtc�e deo- for =hc�31+� ears •- Tlese r Purpose for mc,re than 2 dogs: &re 1h,, � asu�JloN, C� Dogs normally kept: _inside _kennel structur- Crl.',ir'IERCIAL Kennel License Information: $150/year (payment must accompany application) Name of Business: Business Activities: (example: boarding, breeding, v, t( rinary 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 t)-,4.s form; the undersigned acknowledges that a kennel license is permissi only and does not grant any authority to violate any provision of any City Ordinance or other lair or regulation; the undersigend hereby grants the City permissE:ion to inspect the premises prior to License approval and at any other reasonable time duri:,g the license duration; and the under igned agrees to abide by the requirements of Municipal Code Chapter 5.36 ;ncludinq any spc-�ial conditions imposed by the City Council as part of any kr=el license approval.. lipplical. - Lla r For City Use Only Kennel inset-cted by Pecommend, Approva.� A KENNEL LICEN:VE APPLICATION (` Effective March 1., 198— to February , 198 Owner,�\`�- Property Address `� Q_�.�.::S 4'.k.�l_t;c:..�Y�, PLC'._ r� 4(J.t ^Cx� 1"n VQ (include city and zip) � � J �J q Mailing Address (if different): t Phone: ( home) L ` — !' t.? j (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) Pri.• Al Breed: Purpose for more than 2 dogs: Dogs normally kept: inside kennel structure COMMERCIAL Kennel License Information: $150/year (payment must accompar.-- application) Name of Business: Business Activities: \ (example: boarding, breeding, 'v t rinary care, retail, etc.) Normal Business Flours: After Hours Contact: (name) (phone) Dog runs/exercise areas are! �Tinside outside both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned a-~knowledges that a kennel license is per.misrive only and does net grunt any authority to violate any provision of any City Ordinance or other I.-iw or regulation; the undersignnd hereby yrants the City permiFssion to inspect the premises prior to lic-n.,e approval and at any other rcasor.ak�le time during the license duration; and the undersigriccl agrees to abide by the requirements of Plunieipal Cock Chapter 5.36 including tiny special conu`tions imposed by the City Cc ;ici 1 as pa .�of any %enne 1 1 ico nse approval. Q_� ) l Applicant - Date ---------------------------------------------------------------------------- For Cit Use Only-f" Kennel inspected by —yl,-, , , Date Fecommends Approval_ Denial KENNRL I.Ic:, AlIPT.ICATION Effective March I , 193_i to I•'ehrue.ry _, 198_ Property Address (include city and zip) Mailing Address (if different): Phone: ( home) %.tip ;�yr k� RESIDENTIAL Kennel License Information: (payment must accompany applic�.tion) (work) $25.00/year Ma,:imum No. of dogs to be kept at one time: (over 6 months of age) Principai Breed: 1 z, Purpose for more than 2 dogs:�;�'�,�_. L� ':ram °;-3» ;'► ; .�-� ,�Wr�1._ Dods normally kept: inside kennel structure COMMERCIAL Kennel License Information: $150/year (paymei must accompany application) Name of Bu! ,.ness 1�'' rt s-�� �� :_ z• ' tip �? . -t:.�C Business Activities: r`�'�ti'^„ i?:'i:'r�,.. < (example: boarding, breeding, veterinary care, retail, etc.) Normal Fusiness Hours l'•r\ r:_ = 1 `-4: - _ ,•JN ti; �.• N,, , Ciao ! After Hours Contact: (name)�i� '' i- _ :° •Ac` Dog runs/e-ercise areas ai..: inside outside ,.'.-both The ur-dersrned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel ii'cense is permissive only and does not grant any authority tc -iolate any l.rovirior, of &ny City Ordinance or other law or regulz.tion; the unc:crsicjcn6 ? t,;,by grants the City permicssion to insF:tc:ct the premises prior to lice -cc approval and at any other reasonable time during the license duratic.A; and the undersigned agrees to abide by the requirements of Muniril, :l. (7)de Chr_r:>t(-,r 5.36 ine ludi.ng any ._:.-pec.ial condi tier.:; im.: -sed by the C t y Coun,- . 1. r::; ):.? t cif any 1 i %sense approval. Appi int Date -------------------------�-------------------------------------------- For - Use Onl --- Kennel inspec- tea-Dy / , 0?1.._ �,,)�,'c Date _ ` - Recommends Approval_ Denial _ 1j1 r qD�p (:ryi�t:�l Itny,hlir,nesnL�:�):tI:1 =�1CJ1-' S SYSTEM 1,riottLLI:kr� .r.,.j� 1�.;,(l 1..++�• LICUN;iI•.' nI'PI.ICP,CIOiv Itl'ILIl11(; F. /U\ItiG — 473 157 ASSI SSING All questions must be answered. License mac, band, certificate of insurance, and evidence of MPCA Certification or Home Sewage Treatment Workshop attendance must accompEny this application. All applications are subject to a ten (10) day approval period. 1. Business or trade name L•,�1j�t�nl S Serv�c;r;d_, ____ 2. Business address ,caw lO/ f6 /A IrtVz., 4 Mr�W 3. Business phone= ...... ,i?OC% _ Residence phone 4. ar• -)f app1* t or company representative holding MPCA rt� ication ply 151�.,.-� 5. Type of certification held: ✓ Installer t% Pumper ✓ Site evaluator 1✓ System designer Is this a Provisional -Certificate? Certif icate No. If no Certificate is held, provide evidence of at;:andance at one of the On -Site Seviage Treatment Workshops held immediately prior to the current construction season. 7. Have you ever held a Septic System Installer license in Orono before? � Most recent year $. Have you ever had a license rc clked? � When-) Where? 9. Do you do Municipal Sewer hook-ups? Yes A SUBMITTALS REQUIRED: 1. $25.00 license applicat.'- fee. 2. $2000.00 license and per- bond naming City of Orono as c,bliaee. The State Plu;rwers Bond will ,,ot be accepted. ✓ 3. $10-50-100,000 minimum Certificate of Insurance. ,i'4. Cop- of. current MPCA Certificate or evidence of at-ndence at On -Site Sewanc Treatment 11orkshon held imm^diate.Ly prior to current construction season. It. �.I...: i ..i.�.•.L.t4 ,A C. (' 1CL CC -'4 t, LICE ISLS :SILL: NOT BL• ')CESSED UNTIL ALL ITEI;S ARF SU: J TED. List persons other than applicant who are authorized by you t.. apply for permits under your license F�,.�,1 >t �..ad••�. The undersigned hereby makes application to the City of Orono, Minnesota, for license to install and repair septic systems, and!or pump out se;)ti^ t,in'• s, 5ject to the laws of thf, St -at^ of Minnesota nd t: a Ord' —f�e �ft the.City of Orono. Date �- �-v� A,plicants Siore --1 •,�-� Staff recommendation Approval C Denial Date CITY Reason for Jvnial: USE City :.ounc i 1 i%ct ion Da t, Approved Der ied ONLY Date license mailed I dr1y Minnesota Charitable Gambling Control Board LAWFUL GAMBLING EXEMPTION �4. Room N475 Griggs -Midway Building �� — FOR BOARD USE ONLY 1821 University Avenue St* i- aul, MN 55104-3383 1612) 642-0555 INSTRUCI ION` 1 Submit request for exemption at least 30 days ptivr tho occasion. 2. When completing forrrt, do not complete shaded areas. 3. Give the gold copy to the City or County. Send t`he remaining copies to the Board. The copies will be returned with an exemption number added to the form. When your activity is concluded; complete the PLEA I YPE financial informatir- ign and date the form, and return to the Board within 30 days. 710ani2d UC ' Name hcensa NurM,.x UI axre. ri; r_r prmna,-Jv ba+1sw1' Methodist Ho_, tal ._ ._ ?rut ton --1icen _Qd Address City, County. State, Zip Code P.O. Box t ') Chief ERccutive Officer's Name " 'une Number Mananer's NEme TPhore Number �:-i�tl�:i.._�.,yY �.�I3.-- --- '�=-)-i= -�— _�_ _1•��__;,S:X�.QL'_--..—_ _._______�`.'=-r10�� _ Type ni organization If Other Nonprofit Urganization (Check One) O Fraternal _a Veterans M IRS Designation Religion L;. Other Nonprofit •Jrgantzation ❑ Incorporated with Secretary of State Affiliate of Parent Nonprofit Organization _ _ — Name of Premises Whe: t: Activity WNI Uccu( —� Datefs) of Activity �'ayza.t,;j i ouatrv_(,lu Premises Address I 1 a;yr 1 , 196 200 W ;yr'..ctc_ Kvd W. , tveyzritu, MTV — ---Games Yes Birgo Rw fles }; Paddlewheels Tipboards Pull -Tabs Use of Profit NO Gross Receipts .i le of Prizes Expenses X i X l: Profn Distra or From whism aernbtlnq ! _ grrtertl AeVu+faol --..-- - — - IJwtribuiar' i LAG*W ae eta. I affirm all information submitted to the Board is true. accu- I affirm all financial information -ubmrtted to the B­ ' IS rate, and complete true, accurate, and compete. Cn1e/t .etylrye OrIK.« SKl^atwe ;rarr (1. ^,rr r ., •L.Ir r � -r �. wra ACKNOWLEOGML, NOTICE BY LOCAL GOVERN11..a BODY 1 hereby acknowledge receipt of a copy of this appli, if acknow led( ling receipt, 1 admit having been served with notice that this application vrfll be reviewed by the Chant.- nbhnt, ',on,rol Boa, ind will become effective 30 (.ays from the date of receipt (noted tm!,)w) by the City or County, un;t, .!,a res ition of the loco; governiv- budy Is pass -,'hoc, specifl- cally disallows such act:vity and a cony Of that rr r,r t i; r•; rec_t•iverl by the Charitable rtg (.ontr,)l Bt j J w th:n 30 days of the below noteo date. CITY OR,' UNTY XWNSHIP _ .r.gr4ltU� 11'C )yll HMrlro"A ' t)JI! Itr, ! rift / A — P ' � CITY OF ORONO P A Y R 3� piay /jo1WfAJ ,4 n,D69P? ZMPL-NO NAME DIV Y-T-D * - -- - - - GROSS GROSS EXP/ALLOW SL 31 3919.61 1227.52 ME 12 5457.60 1819.20 SA 31 2535.20 852.14 JL 12 1063.6C 389.34 JF 42 3716.65 1227.12 RP 90 506.09 142.56 WD 31 100.53 0.00 WJ 92 3752.35 1216.32 GB 31 4126.14 1376.7: JL 31 3296.57 1215 e, DL 90 1256.52 290.77 ::4 31 3007.51 944.05 DJ 93 0.00 0.00 KR 31 4118.13 1376.72 CJ 90 502.50 140.00 JM 31 3977.23 1204.08 MP 33 3377.26 1129.04 JR 42 4665.87 1559.84 JD 42 3200.02 1076.18 DM IE 2879.51 962.64 SD 42 2811,89 957.47 CJ 31 1184.79 385.32 MM 31 2805.78 993.73 PA 90 1333.71 306,10 TJ 33 3382.8v 1129.04 DP 31 3649,87 1204.08 MH 31 47S8.26 1S90.72 M 31 373S.65 1204.08 CA 15 2368.61 791.84 TM 1S 4S62.28 152S.20 JA 33 3952.06 1321.20 CM 90 p.00 0.00 LR 90 31S4.56 IOS1.52 RA 1S 2042,34 692,32 MF 31 2893.52 935.28 J 31 3675.4S 1215.37 FT 61 2443. 44 846.S2 TL 12 2270.04 796.78 DO 93 0.06 0.00 LE 33 2642.58 863. 44 PL 12 1296. 49 405. 98 RU 93 0 00 0.00 JC 33 S6.00 0.00 WA 92 3237.02 1057 26 J3 42 2890.48 966 20 DS 42 2825.33 967. 76 SR 93 0.00 0.00 JR 92 3119.66 984.40 RE 93 3115.46 1041.52 BG 93 0.00 0.00 BR 90 642.50 I55.00 PEE*TINE i _3 ? 315877 CITY OF ORONO P A Y R Y-T-D • - - - - - - EMPL-NO NAME DIV GROSS GROSS E%P/ALLOY -THDMTON MR 31 2544.46 818.89 32 TOMCHECK LF 31 2519.46 518.72 TOMCZYK MU 31 3752.21 1204.08 COUNT GRAND 44,558.54 PAID 00046 TOTAL 00054 TOTAL TOTAL FICA TAX GROSS = 244509.64 EMPLOYERS FICI A = GROUP HEALTH B = PHYSICIAN'S HEALTH PLAN C = BLUE CROSS/BLUE SHIELD D a MEDICAL CENTER PLAN E = PRUDENTIAL F m COORD. HEALTH CARE G MINNESOTA HMO H w TRANS-AMERICA OCC. I - BANKERS LIFE 1 w MUTUAL SERVICES K = MUTUAL OF OMAHA L w EMPLOYEE'S BENEFIT M m AETNA N . NICOLLET EITEL O a LEAGUE OF CITIES Z m HEALTH CARE MAINT ACCT. MISSING HOSP CODE FOR SOME EMPL'S 1987 CITY OF ORONO CHECK REGISTER CMECM NO DATE AMOUNT VENDOR ITEM DESCRIPTION 050006 02/18/87 18.12 ALPO-MINNESOTA INC OFFICE SUPPLIES 094006 02/10/87 18.13 ACRO-MINNE80TA INC Of"' SUPPLIES 054006 02/19/87 18.1E ACRO-MINMESOTA INC OF . SUPPLIES 054006 02/IB/87 18.13 ACRO-MIMNESOTA INC OFFICE SUPPLIES 056006 02/18/87 18.13 ACRO-MINNESOTA INC OFFICE SUPPLIES 050006 02/18/67 16.13 ACRO-MINNESOTA INC OFFICE SUPPLIES 148,76 05001♦ O2/18/87 769.75 ALL STAR ELECTRIC MAINT MISC 05401,4 02/18/87 111. 71 ALL STAR ELECTRIC RAINY BLDG$ 941.50 OS•1015 02/18/87 199.s0 AMERICAN SPEEDY PRTB PRINTING 199.50 050031 02/18/07 4.33 AT 6 T COMM TELEPHONE 054031 02i18/67 0.22 AT 6 T COMM TELEPHONE S.ss 05A06s 02/18/87 75.00 BLACNOUTAR S SONS MAINT BLDG$ 050065 Oe/18/87 46.00 BLACROYIAN 6 SONS MINT BLDG$ 121.00 OSA OTA 02/18/87 2.191.00 SONESTR00 ROSENE AM DEC ENGINEERING 054070 02/15/BT 05.00 SONESTR00 ROSENE AM DEC ENCINEERINC 050074 02/18/87 318.00 SOMESYN00 ROSENE AM DEC ENCINIMING 050079 02/18/87 286.00 BONESTROO ROSENE AM DEC ENGINEERING 050074 0E/18/87 153.00 BONESTR00 ROMM AM DEC ENGINEERING 2,993.00 050 OBI 02/18/87 80.08 BROWN PHOTO OFFICE SUPPLIES 050081 02/18/8T 130.92 BROWN PHOTO OFFICE SUPPLIES 050081 Oe/18/67 600.00 MOWN PHOTO OTHERS EWIP 811.40 .o q• OSAI00 02/18/87 218.89 CASE POWER S EQUIP MAIM RISC EQUIP e18." .o•o 05012H 0E/18/87 1e.00 COCA COLA VENDING EQUIP RENT OE-23-87 FACE 1 ACCOUNT NO INV. 6 P.O. 0 MESSAGE 01-4210-031-1A 01-421 t-OS' -I A 01-4E10-069-15 01-1210-1E9-31 01-4t10-174-33 01-4210-N9-4e 01-0312-649-42 01-4303-129-31 01-432E-le9-31 01-43RO-1E9-31 01-5380-175-34 01-0303-099-17 71-4343-5IS-90 01 0-00 Ie-f :0-SO e3-e040-000-00 4S-9040-000-00 73-2000-000-00 01-4E10-059-40 01-8C10-129-31 01-0560-1e9-31 01-030e-069-Oe T1-8331i1S-0S ....C11S 1987 CITY OF ORONO CHECK NO DATE AMOUNT n 054124 02/18/87 116. 25 129.es . 054130 02/18/87 142.10 C 10e.10 . 054131 02/IS/87 307.70 054131 02/18/87 223.60 611 30 054133 02/18/87 2.00 I. 054133 02.18187 21628.00 8.630.00 . OSN 12 02/18/87 261.79 I OS4112 02/10/a7 5.30 03114e oena/eT 3T.O7 054112 oena/87 10.56 ! 05111E 08/18/87 1T5.11 05111E 02,18,87 206.51 054142 02/18/87 5.30 • 705.0E . 054143 02/te/87 1.50 O 054143 Ve/la/87 2.70 051143 oe/18/67 8.70 051143 OE/16/87 3.60 2 054143 02/le/e7 9.00 054143 08/18/e7 3.60 051943 02/18/87 5.40 e 054143 oe/1e/e7 .90 054143 02/18/87 2.70 051143 02/18/87 1.00 ! 054143 02/18/87 1.62 051113 02/19/87 .19 3a.70 . i 054109 02/18/87 860.00 054111 02/18/67 90.00 i 054111 Oe/18/87 20.03 990.03 . 051150 02/18/47 2.l5 OS4150 02/18/87 21.00 059150 02/16/07 16.60 39. eE . • CHECK REGISTER VENDOR ITEM DESCRIPTION COCA COLA VENDING NIX PURCN COLONIAL LIFE INS CO LIFE INS COMMERCIAL BLDG MY JANITORIAL SERVICE COMMERCIAL BLDG "MY JANITORIAL SERVICE COMM-REV BALES TAX SALES TAX JAN COMM-RtV SALES TAX SALES TAX JAN Ot-23-87 PAGE t ACCOUNT NO INV R P 0 0 MESSAGE 71-4820-SIS-90 01-1152-It9-31 01-4349-019-17 01-1119-ltf-31 01-3500-000-00 71-ttLt-000-00 COPY DUP PR INC OFFICE SUPPLIES 01-1el0-03f-1E COPY DUP PR INC OFFICE SUPPLIED O1-1E10-059-11 COPY DUP PR INC OFFICE SUPPLIED 01-1a10-069-15 COPY DIM PR INC OFFICE SUPPLIES 01-1210-let-31 COPY Our PR INC OFFICE SUPPLIES 01-4810-181-31 COPY OW PR INC OFFICE SUPPLIES 01-1C10-174-33 COPY DUP PR INC OFFICE SUPPLIES 01-1C10-241-12 COMMERCIAL LIFE INS LIFE INS 01-1152-039-12 COMMERCIAL LIFE INS LIFE IRS 01-41St-669-15 COMMERCIAL LIFE INS LIFE INS 01-11st-lel-31 COMMERCIAL LIFE INS LIFE INS 01-91SE-IC6-31 COMMERCIAL LIFE INS LIFE INS 01-115t-1t1-31 COMMERCIAL LIFE INS LIFE INS 01-115C-171-33 COMMERCIAL LIFE INS LIFE INS 01 J15t-t19-tE COMMERCIAL LIFE INS LIFE INS 01-4132-290-61 COMMERCIAL LIFE INS IRE INS TI-1ISL-SIS-90 COMMERCIAL LIFE INS 'E INS TE-113E-519-91 COMMERCIAL LIFE INS ,.. FE INS 73-116t-569-98 COMMERCIAL LIFE INS LIFE INS 74-115e-S90-93 CONTINENTAL DATA 86 DATA PROC 71-2040-000-00 CONTINENTAL DATA 86 w COURIER 71-e000-000-00 CONTINENTAL DATA DATA PROCESS `1-13f5-SIS-f0 CILLIGAN MAINT BLXIS 01-0343-099-17 CULLIGAN MINT BLMIS 71-4113-SIS-90 COLLIGM MINT BLDGS 14-9313-Sf0-93 1997 CITY OF ORONO CHECK REGISTER 02-23-07 PAGE CHECK NO DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV • P 0 0 MESSAGE 054163 02/18/87 1,257. 71 DAY DISTRIBUTING CO BEER PURCHASE 71-481S-515-90 ` 05.163 02,18,87 30 00- OAT DISTRIBUTING CO BOTTLE RETURN 7I-1816-515-90 051163 02/I8/87 21 90 DAY DISTRIBUTING CO MISC PURCHASE 11-.820-515-90 1,2A9 61 Au u 054187 02/18/87 11408. 10 EAST SIDE BEVERAGE BEER PURCHASE tl-ABt5-515-90 _ 054.87 02,18/87 25. 20- EAST SIDE BEVERAGE POTTLE RETURN 7I-.616-51S-90 1,382 90 u•.•• v•-CKS OS4194 02/IB/Bt 21.12 EAGLE SNACKS MISC PURCHASE 7I-4820-515-90 21 12 054199 02/18/87 31767. 00 ROLF E ERICKSON ASSES BERV FED 01-4307-059-14 3,761. 00 . •ou• ....[•5 a 05.23T 02/18/87 93..0 FOUR STARR MISC PURCHASE 71-4820-SIS-90 93 .0 • ...... ...-CKS 05.2S6 02/IB/Bt 101.t3 GENUINE PARTS CO MAIIIT AUTO EQUIP 01-.3.1-2.9 42 • 05.256 02/IB/8T L.TB GENUINE PARTS CO MA MY AUTO EOVIP 01-.3.1-290-61 054256 02/18/87 31. 26 GENUINE PARTS CO HAIRY AUTO EQUIP 74-4341-590-93 153 TT . • 05.258 02/18/87 22.02 GLENWOOD INGLEWOOD UTILITIES 01-4324-099-17 22.02 . •.•-CKS 054270 02/18/87 149,96 GRAINGER-U U EQUIPMENT 01-4232-249-42 1.9 96 . •....• ...-CKS 05427S 02/18/87 150.09 GROUP HEALTH INC HOSP INS 01-4151-121-31 OS.ETS 02/18,87 311.06 GROUP HEALTH INC HOSP INS 01-4ISI-129-31 OR 054275 02/18/87 68.35 GROUP HEALTH INC MOSP INS 01-41ST-174-33 054275 02/18/67 160.99 GROUP MALIN INC MOSP INS 74-41ST-S90-93 610.51 . ...... ....CR6 {is 05.2 tT 02/18/67 69.B5 RED CIO HEALTH CARE HOSP INS 01-41S1-039-19 1987 CITY OF ORONO CNECY REGISTER 0E-p-07 PAGE R CHECK NO DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT N0, IM 0 P 0. E RE0A01 0542)) 02/18/87 69.85 NED CTR HEALTH CARE HOSP INS 01--41S1-069-15 054277 02,10,87 69.85 NED C]R HEALTH CARE MOSP INS 01-4151-I8641 054277 OE/18/87 e19 94 RED CTR HEALTH CARE NOS, INS 01-4151-129-31 • 0542)) oe/1e/07 160. 99 RED CTR HEALTH CARE HOSP INS 01-6151-190-33 054E77 oe/18/07 121.90 RED CTR HEALTH CARE HOSP INS O1-4ISI-849-4E 054277 Oe/1e/07 60. 40 NED CYR HEALTH CARE HOSP INS 9E-0191N49-91 ♦ 0512TT oene/87 96. 59 NED CTR HEALTH CARE NOSP INS 93-1151-SB9-98 1.073.45 . 059286 02/18:87 ) 85 HARRIS OFFICE EQUIP STORE SUPPLIES 7I-4230-SIS-90 • ) 85 . .• -CK8 ....., O54308 02,18/8, 122. 31 HENN CTT SHERIFF OPT INSTALL RADIOS 01-.310-IEI-31 O SA]OB 02/10/BT 159.95 HENN CTT SHERIFF DPT M1AINT RISC EQUIP EQU 01-1]A2-12f -11 • 282.26 . ...... .... CK0 054330 02/18,87 97 32 ICMA RETRMNT CORP ICMA 1/26TO E/B O1-9140-039-le T) 32 • ....CKS ....r. • 05A:HB 02/18/8` 30.00 INTL CONF-BLOC OFFLS MEMBERSHIPS O1-43SO-174-33 30 00 . ...-CAB OS4355 02/18/87 99. 90 INTERSTATE BATTERY RAINY AUTO EQUIP 01-4141-E49-42 • 99 90 . ...-CAB ...... • O54363 02/I8/67 39. 65 TOR JACOBS MILEAGE 01-4181-174-33 39 65 . • ...-CKS • OSR 37I 0211SY87 16. 00 JIM CO GIST MISC PURCHASE 71-4620-SIS-90 16.00 . • 054372 02/18/87 47.64 JOHNS AUTO SUPPLY RAINY AUTO EQUIP 01-4341-129-31 O54372 02/16/87 107.94 JOHNS AUTO SUPPLY 'TAINT AUTO EQUIP I-I341-G1-1e 155.58 . • .... CIA 05.39A 02/18/117 140.00 Kl"RO OIL INC UTILITIES 74-0324-590-93 140. 00 . 1989 CITY OF ORONO CHECK NO DATE 05e397 02/18/87 05e397 02/18/87 • OSe397 02/18/87 • .u•rr 05e904 02/18/87 05440J 02,18/8, • rrrur 059e13 02/19/B7 • •.rrrr • OS4ee5 02/I8/87 • OSe560 02/18/87 05ee60 02/18/8, • OSeefi2 02/18/87 r.r•u O5e479 02/18/P7 054485 02/18/B7 ♦ •urrr ♦ OSee90 02/16/87 05e495 02/18/87 • u.o. • OSe538 02/18/87 CHECK REGISTER 02-23-07 PAGE 5 AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INK • A 0 • MESSAGE i9 55 KUEHN-THOMAS MILEAGE JAN 01-e381-069-IS 3 TS KUEHN-THOMAS MILEAGE JAN 7L-e361-5e9-91 5 65 KUEHN-THOMS MILEAGE JAN 13-e361-569-92 e6 95 • ....CKS 38. 59 THE LAKER PUBLISHING 01-e322-Ile-33 e3. 25 THE LAKER ADVERTISING 71-9363-515-90 81 Be ....CKS 10J69 12 MBE INC STREET MAINT SUPPL 01-1233-219-e2 0,769 12 ..r-CKO 126,08 LTMAN LUMBER SAINT GROUNDS 01-4341-910-61 126. 08 r ....CKS 1,646.30 MARK VIA DIST BEER PURCHASE 71-e8IS-SIS-90 e1. 78- MARK VII DIST BOTTLE RETURN "-e816-515-90 I,eo1.Se ....CKS 931. 48 MARTINS NAVARRE 66 MAINT AUTO EQUIP 01-43e1-129 31 931.48 ....CKS 15,731. 72 METRO WASTE CONTROL MARCH CHARGES 73-e395-569-92 IS,T31. 72 ...-CKS 33.60 MPLI O%•GEM CO MAINT MISC EQUIP 01-e112-2e9-e2 33,60 ...-CKS 6BB.BE MINNEGASCC UTILITIES 01-4324-099-17 688.86 •..-CKS 7.00 MN BENEFIT ASSN LIFE INS 01-e159-129-31 7.00 ...-CKS 100.18 MTKA REFRIG/AC MINT MISC EQUIP 71-4342-515-90 1987 CI1't OF ORONO f t CPTE �............ N 051548 02/18/87 051518 02/18/87 051516 02/18/97 051518 0e/16/67 050S18 OE/16/97 -S4518 02/18/87 05/5.8 02/18/87 051518 02/18,87 051518 02/18,87 054596 OL/18/67 050559 051559 OSA559 054559 054559 054568 OSA568 OSA568 054568 054569 OSA568 051566 051568 051568 05159T 05A59T 05159T 05159T 051S9T 05159T 054517 OSA59T 05159T OSA59T 05A59T 05951T 054597 05159T 054597 CHECK REGISTER OE-E3-67 PAGE 6 AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV E P 0 E MESSAGE 100 18 83. IT NAVARRE HARDWARE OFFILe SUPPLIES 01-4210-IE1-31 1.00 NAVARRE HARDWARE OFFICE SUPPLIES 01-4210-171-33 St.66 NAVARRE HARDWARE EQUIP PARTS 01-4239-099-17 23.38 NAVARRE HARDWARE EQUIP PARTS 01-1e3e-e49-4e 1.85 NAVARRE HARDWARE EQUIP PARTS 01-4212-EVO-01 7.89 NAVARRE HARDWARE STORE SUPPLIES TI-4210-SIS-10 120 NAVARRE HARDWARE OFFICE SUPPLIES 79-9210-S41-11 S.53 NAVARRE HARDWARE MAINT WATER MAINS 7e-1315-SO-9l 1 T' NAVARRE HARDWARE OFFICE SUPPLIES T]-1210-SN-1t .A9 NAVARRE HARDWARE MAINT LIFT STAY 73-43N-561-99 1T8.16 84.53 NIP UTILITIES 01-13N-219-92 820.56 NSP STREET LIGHTING 01-4325-299-91! 1,e00.26 NSP UTILITIES 72-43C4-S41-11 154.13 NSP UTILITIES 73-43E1-561-12 3E..A NSP UTILITIES 73-4324-561-IE 2,291.91 02/18/87 40.92 NORTHWESTERN BELL UTILITIES 01-4320-189-31 02,18,87 11.90 NORTHWESTERN BELL UTILITIES 91-1320-211-12 02/18/87 20.72 NORTHWESTERN BELL DATA PROCESSING 01-1355-061-15 02/18/8T 52.30 NORTHWESTERN BELL UTILITIES 11-4320-SIS-90 02,18,87 12.40 NORTHWESTERN BELL ADVERTISING 7I-4323-SIS-90 02/18/87 21.86 NORTHWESTERN BELL UTILITIES 72-4320-549-11 02,18/87 16.57 NORTHWESTERN BELL DATA PROCESSING 7e-4355-541-91 02,18/07 32.77 NORTHWESTERN BELL UTILITIES T3-4320-569-12 02/18/BT 21. 86 NORTHWESTERN BELL DATA PROCESSI MG 73-935S-569-98 241.90 02/18/87 69.36 PUBLIC EMPL RET ASSN PERA 1/26 TO 2/6 01-4141-039-11 02/I8/87 1.71 PUBLIC EMPL RET ASSN PERA I/E6 TO 2/S 01-4191-OS9-14 02/18/87 118.63 PUBLIC EMPL RET ASSN PERA 1/26 TO 2/8 01-4101-069-IS 02/16/87 T.25 PUBLIC EMPL RET ASSN PERA 1/e6 TO 2/S 01-9101-099-tT 02/18/01 1,205. 43 PUBLIC EMPL RET ASSN PERA 1126 TO 2/0 01-01A1-111-31 02/18/67 Se.59 PUBLIC EMPL NET ASSN PERA 1/e6 TO BID 01-8141-IIS-31 OL/le/8T 351.13 PUBLIC EML RET ASSN PER. 1/ef TO FIR 01-A101-1e1-31 02/18/87 535.e7 PUBLIC EMPL RET ASSN PERA 1/26 TO c/e 91-0141-1 241-31 08/18/6T 225.99 PUBLIC EMPL NET ASSN PENA 1/e6 TO 2/6 01-0181-110-33 02/16/87 E01.56 PUBLIC EMPL NET ASSN PERM 1/26 TO 2/S 01-4111-E19-61 02/18/87 35.83 PUBLIC EMPL RET ASSN PENA 1/26 TO 2/8 01-8111-E94-01 Oe/18/67 142.36 PUBLIC EMPL MET ASSN PENA 1/E6 TO 8/6 T1M111-SIS-90 0e/18/87 07.66 PUBLIC EMPL MET ASSN PENA I/26 TO 218 7e-1141-519-96 02/16/87 166.76 PUBLIC EMPL RET ASSN PENA 1186 TO 9/8 D-01A1-S0t16 08/10/67 49.56 PUBLIC EMPL NET ASS" PENA I/e6 TO BID 14-1141-590-93 1987 CITY OF ORONO CHECK REGISTER Ot-P3-81 PAGE T CHECK NO DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV 9 P O 9 NUSACE 3, 302 29 •o.o •u-CKS 051599 02/18/87 ESS. 83 054S99 02118/87 2..00 OS4599 02/19/07 21.00- OS4599 02,18/87 24.00 309.83 OS4608 02/18/87 11800.00 054608 02/18/8T 390. 00 OS4608 02/18/87 300. 00 054608 02/18/87 360.00 054608 02/18/87 150.00 3, 000. 00 e 054611 02/18/87 73. 50 13 50 . 051613 02/16/87 26.00 051613 02/IB/87 2.00 28.00 OS46E1 02/10/87 114. 05 054621 02/18/BT 422. IJ 054621 02/18/87 S82.S1 054621 02'IB/87 t60.56 054621 02/18,87 249.66 054621 02/18/87 300.18 05462! 02/18/8T 931.77 054621 02,18/87 260.56 OS4621 02/IB/BT 643.96 054621 02/18/87 99.S7 054621 02,18/87 421.55 054621 02/18/87 101.t3 0546E1 02/18/67 156.33 •,STT.tO f �IbE1 02/18/87 4,10 051629 02/18/87 1,323.15 054621 02/18/e7 102.00- OS4624 02/18/87 23. 80 1.249.05 PAUSTIS 6 SONS NINE PURCHASE PAVSTIC 6 SONS MIX PURCHASE PAUSTIS 6 SONS MIX PURCHASE PAUSTIS 6 SONS MIX PURCHASE PANNELL KERR FORSTER AUDIT PYMNT 81 PANNELL KERR FORSTER AUDIT PYMNT 01 PANNELL KERR FORSTER AUDIT PYMNT 01 PANNELL KERR FORSTER AUDIT PYMNT 01 PANNELL KERR FORSTER AUDIT PYMNT 01 PEPSI COLA/TUP BTLO MIX PURCHASE FEASTS TRUCK REPAIR FAINT AUTO EQUIP PERRY$ TRUCK REPAIR FAINT AUTO EQUIP 71-181P-SIS-90 11-40E.-SIS-90 71-.621-515-90 7I-1821-SI.-90 01-4300-020-11 7I-4300-SIS-90 72-4300-549-91 73-1300-569-92 7I-4300-590-93 71-1820-SIS-96 01-4341-249-12 74-4341-590-93 PHYSICIANS HEALTH HOSP INS 01-3872-000-00 PHYSICIANS MEALTH HOSP INS 01-3872-000-00 PHYSICIANS HEALTH HOSP INS 01-I151-039-12 PHYSICIANS WEALTH HOSP INS 01-41SI-061-IS PHYSICIANS HEALTH HOSP INS Of-It5l-1t1-31 PHYSICIANS HEALTH HOSP INS 01-1151-It6-31 PHYSICIANS HEALTH HOSP INS 01-IISI-It9-31 PHYSICIANS HEALTH HOSP INS 01-I151-1T1-33 PHYSICIAN$ HEALTH HOSP INS O1-IIE1-t19-It PHYSICIANS HEALTH HOSP INS 01-0151-t90-61 PHYSICIANS HEALTH HOSP INS 7I-II5I-SIS-96 PHYSICIANS HEALTH HOSP INS 7E-II5I-S19-91 PHYSICIANS HEALTH HOBP INS 73-4151-569-92 POGRE9A DIST INC STORE SUPPLIES 7I-4230-SIS-90 POCRESA DIET INC BEER PURCHASE 71-4815-515-90 POGREBA DIST INC BOTTLE RETURN 71-.816-515-90 POGREBA DIST INC MIX PURCHASE TI-4620-SIS-10 .... CPS ....CKS 1967 CITY OF DRONE CHECK REGISTER 02-23-87 P11 G[ 9 CHECK NO DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV • P 0 6 NFSSKE OS96E6 02/18/87 IS 95 THE FOLICE MARKSMAN MEMBERSHIPS 01-6380-129-31 15 95 G G 0506E8 Oe/18/87 10,191.65 POPHAM HAIN 1 ASSOC DEC LEGAL 01-0060-0410-00 OS4628 O2/10.'07 160. 40 POPHAM HAIR 1 ASSOC DEC LEGAL 45-1040-000-06 10.352 05 G 050629 02/18/87 170. 00 POBTFABTER POSTAGE 01-q21-1t9-)1 no. oa • •••••• u.-CMS ♦ 059693 02/18/87 2 54 PRUDENTIAL LIFE INS 01-4152-639-12 054643 02/18,87 11.61 PRUDENTIAL LIFE INS 01-9132-109-15 OSA693 OL/IS/BT 4.95 PRUDENTIAL LIFE INS 01-4152-121-31 ♦ OS0643 Oe/18/87 5.80 PRUDENTIAL LIFE INS 01-915t-tE6-31 054643 OE/18/87 4t.00 PRUDENTIAL LIFE INS 01-A1lt-IB-)1 OS4643 02/10/87 t.10 PRUDENTIAL LIFE INS 01-915t-171-33 • 050643 02118187 5.00 PRUDENTIAL LIFE INS e1-01X-LO-0t 059693 0e/le/eT 34.31 PRUDENTIAL LIFE INS 7I-413t-SIS-91 050643 CL/le/eT 4.92 PRUDENTIAL LIFE INS 7E-91St-309-91 ♦ 054613 OL/ID/ST 7.38 PRUDENTIAL LIFE INS 73-4ISE-S19-9t l Ea.31 i o.•.. ..•-CNt 059687 O2/18/87 27.83 9T PAUL BOOK OFFICE SUPPLIES 01-4eIO-199-31 i 27.63 •.••.. . CKS Go- OS4705 02,18/87 298.00 SPECIALTY SCREENING AUTO EQUIP 01-4550-129-31 296.00 ♦ Rs..•• ...-Cut • 059TOB 02/18/87 317. t5 STANDARD SPRING CO MAINT AUTO EQUIP 01-4341-269-42 )1LtS . • •••••• ..•-CK0 OS4711 02/18/87 ITG.SG STATE -MN DOCUMENTS BOOKS DI-6290-129-31 • 176.30 054752 02/18/87 SUBURBAN TIRE INC FAINT RISC EQUIP 01d JK1-129-31 059752 02/18/BT 449,16 019.16 SUBURBAN TIRE INC MINT RISC EQUIP 01-431E-249-9e i 1,O17.60 ` ...... ....ORE C597T6 02/16/87 2,197.30 THORPE DIST CO BEER PURCHASE 71-I6I5-515-90 1987 CI1Y OF ORONO CHECK NO DATE . S4776 021,8187 F u•o• 059779 02/10/87 6 OS4782 02/18/87 054792 02/18/87 • ouo • 050792 02/18/B7 • OS0 T95 O2/19/87 050796 02/18/87 • u••o OS4866 02/18/87 • 054866 02/18/87 OS4901 02/18/07 • 05090E 42/18/87 05090E 02/le/87 054903 02.'18/87 f OS4994 02/te/67 050905 02/18/87 • 050906 02/14/67 • 059907 02/18/67 CHECK REGISTER AMOUNT VENDOR ITEM DESCRIPTION .S 60- THORPE DIST CO BOTTLE RETURN 2.401 TO I.S40.00 TRACY OIL CO GASOLINE 1.540.00 10 07 TOMCZYK/MARK MEETINGS 11.89 TONCZYN/MARK MILEAGE 21.96 62-21-6T PAGE 9 ACCOUNT MO t" 0 P 0 • 1E0sAGE 7I-4816-615-90 01-12 {0-000-61 O1-.356-129-31 01-4381-1E9-31 36.00 TUIN CITIES DICTN SV MAINT OFFI'F NIP 01-4340-039-1e 36. 00 4.89 KINGS SUPERVALU ANIMAL (ARE 01-4360-165-35 9.89 16.00 UNIFORMS UNLIMITED CLOTHING 01-02el-le9d1 16.00 14.00 VIDNER BROS RAINY GROUNDS 71-6303-SIS-90 1,523. 6S VIDNER BROS MAINT NOTES MAIM 7t-4345-S09-91 1,537. 65 . 90.000101 OOUNTONM MINUTE CAR HAIRY AUTO EQUIP 01-4341-1TP 33 9 9.t0 MID CENTRAL INC MAINT RISC EQUIP 72-130E-549-91 13.89 MID CENTRAL INC RANT RISC EQUIP 73-4342-569-99 23.00 • 3e.30 UESTSIDE ENGINE MAINT RISC EQUIP 01-430e-e09-42 3e.30 . 200 )0 CONSULTING GROUP THE OTHER COMQULTIMG 01-4306-129-31 200.00 000.00 MEDICAL ONGEM EQUIP OTHER EQUIP 01-6S60-1t9d1 000.06 S0.00 MICHIGAN STATE U SOCAS 01-6200-129-31 SO.00 50.06 MIKE P"m SIGN SV H106 st-2]62-606-69 .... Cgs .• .CMs ....Cgs 1987 CITY OF ORONO CHECK NO DATE 05.908 OSM909 OE4910 OS4911 059912 050913 054914 054915 050916 OSI91T MC9ST6 MCT1T0 MCTYTO MCT9T0 MCT9T9 MCT9T9 NCT9T9 MCT9T9 MCT980 MCT9Sa MCT981 MCT9S1 MCT982 02/18/87 02/10/8T 02/18/87 02/18:8T 02/18/87 02/10/8T 02/18/87 02/te/8T 02/48/87 02/13/B-, AMOUNT 50.90 50.00 50.00 t9e.00 192 T1.00 .00 T1.00 39.55 34.55 616.00 616.00 65.00 85, 00 I T.IS 1T. 95 ITT. 92 1TT.02 88.50 68.50 203.20 203. ED CMECR REGISTER VENDOR ITEP. DESCRIPTION LENEAVE C WAYNE ST CLOUD STATE UNIV MN DEPT OF N11URAL FAMILY VIOLEVCE GRAPHICS UNLIMITEC MPELRA DRIVERS LICENSE QUID MENN CTY SHERIFF OFT ANCHOR DATA SYSTEMS OFFICE ELECTRONICS 61. 01098 TRAINING GROUNDS MAINT OFFICE SUPPLIES OFFICE SUPPLIES -MBERSHtPS BOOR$ 6 PERIODICALS JAIL CHARGES MAINT MISC EQUIP OFFICE SUPPLIES OP-23-87 PACE 19 ACCOUNT NO INS 9 P 0. • MESSAGE al-e300-6e0-60 O1-0356-129-31 74-9231-S90-9J 01-4210-1e9 01-9210-039-le 01-0386-1211-31 01-4240-129-31 01-4358-OSO-16 71-4302-SIS-90 01-4e10-te9-31 02/18/87 719.60 ED PNILLIPS LIO PUNCH 71-4010-515-90 02/18/87 14.39- ED PNILLIPS LIU DISC 71-4811-SIS-99 02.'18/87 556.39 ED PNILLIPS WINE PUNCH 71-4612-SIS-90 02/18/97 11.33- ED PNILLIPS WINE DISC 71-4613-SIS-90 1,260 eT 02/18187 780.16 EAGLE DIST LIU PUNCH Tl-4816-SIS-90 O2/la/07 15.51- EAGLE DIST LIU DISC T1-4S11-SIS-9/ 02/18/87 138. 95 EAGLE OUST WINE PUNCH 71-4512-515-90 OE/18/$T 8.66- EAGLE DIST WINE DISC 71-0813-315-90 1,194.46 Oe/18/$7 406.03 INTERCONTINENTAL WINE PUNCH TI-981•-51? 90 0211e/BT 4.97- INTERCONTINENTAL WINE D16C 7I-9813-S. -90 401.96 02,18/67 195.00 QUALITY WINE WINE PUNCH 71-44Ie-a1S-90 Dells/a? 1.97- QUALITY WINE WINE OIBC Tt-Nq-SIS-f0 193.03 02118/67 50.83 GRIGGS COOPER LIU PUIICM 7I-001"15-96 wANUAI wAwuK 1NINUAL wAl1UK 11ANWK MARINA. MMWNL MANYK NANWK NANYIIL NA06ML "ANNUAL . 1987 CITY OF ORONO CHECK N0. DATE - MC7982 02,18/87 MC7982 02/18/87 XC79S2 C2/18/87 MC7983 02/18/97 HC7983 02,16,87 MC7984 02/18/87 MC79e4 02/19/B7 MC7904 02/18/B7 C MC7984 02/18/BT KC7985 62H8/87 MC798S 02118187 9f XC7986 02//87 XC7986 02/1018/8 XCT986 02/I8/87 XCT986 02/18/8T MC7986 02/18/8 NC7986 02/18/87 MC7986 OE/18/87 MQ986 OE/18/S7 C XC7986 02/18/97 MC7906 02/8/87 MC79B6 02/18/8 XC7986 02/18/7 NCT986 02/19/078] NC7986 02/18/ � XC7986 02/1B/978T H•o• AMOUNT 1.00- 6A1.T] 12.62- 6]8.38 505. 05 5.10- A99.9S 411,14 B. n- 59.ED I.OB- A56.09 • A90.S1 9.83- 480.60 • 10.50 246,76 2.83 199.50 12.20 13.56 88. 4] 11 eT 380. 19 411 .46 60.28 57,55 51.13 1fi8.36 83.38 1,792.47 Se. 1T5.39 45.00 318.00 446.40 18.952.67 3.395.64 11, 104.T1 711.09 93, 1 AB.90 CHECK REGISTER VENDOR ITEM DESCRIPTION GRIGGS COOPER LID DISC GRIGGS COOPER NINE PUNCH l5 COOPER NINE DISC QUALITY NINE NINE PUNCH QUALITY NINE NINE DISC EAGLE DIST CO LID PURCHASE EAGLE DIST CO LID DISC EAGLE DIST CO NINE PURCHASE EAGLE DIST CO NINE DISC QUALITY NINE 1.10 PURCHASE QUALITY NINE LID DISC FIRST BANK LAKES FICA FED FIRST BANK LAKES FICA I/26 TO SIB FIRST BANK LAKES FICA 1/26 TO e/8 FIRST BANK LAKES FICA 1I26 TO 218 FIRST BANK LAKES FICA 1/EG TO SIB FIRST BANK LAKES FICA 1/E6 TO 2/8 FIRST BANK LAKES FICA 1/E6 TO E/8 FIRST BANK LAKES FICA 1/26 TO E/$ FIRST BANK LAKES FICA 1/26 TO E/S FIRST BANK LAKES FICA 1/26 TO 2/B FIRST BANK LAKES FICA 1/26 TO 2/S FIRST BARK LAKES FICA 1/26 TO 2/8 FIRST BANK LAKES FICA 1/26 TO E/8 FIRST BANK LAKES FICA t/26 TO SIB FIRST BANK LAKES FICA I/R6 TO 2/B FUND 01 TOTAL GENERAL FUND FUND IE TOTAL PARK FUND FUND E3 TOTAL MUNIC STATE AID CONS FUN FUND 45 TOTAL 19SS SPEC ASSESSMENT FUN FUND 71 TOTAL LIQUOR OPERATING FUND FUND ]2 TOTAL WATER OPERATING FUND "NO 73 TOTAL SEUER OPERATING FUND FUND T9 TOTAL GOLF COURSE OPERATING FO TOTAL 02-23-87 PACE 11 ACCOUNT NO INN. 0 P.0 0 MESSAGE 71-4811-SIS-90 MANUAL 7I-4812-SIS-90 MANUAL 71-4813-SIS-90 MANUAL 7I-6612-515-90 MANUAL 7I-6613-SIS-96 MANUAL 71-4610-515-90 MANUAL 71-9911-Sty-90 MANUAL 71-4012-SIS-90 MANUAL 71-4613-SIS-90 MANUAL 71-6810-SIS-90 MANUAL 7I-68t1-S15-90 MANUAL 01-4192-020-11 MANUAL 01-9142-031-I2 MMWAL 01-6142-059-14 ANNUAL 01-919E-06f-1S MANUAL 01-A192-015-17 MANUAL 01-419E-11f31 wANNN O1-4I42-115-31 MAMM, 01-4142-IEI-31 MANUAL 01-4142-174-33 MANUAL 01-4142-E49-42 MANUAL 01-4142-e90-61 MANUAL 71-4I42-SIS-90 MANUAL 72-414=-549-91 MANUAL 73-4142-569-92 PANUAL 74-4142-590-93 IAMUAL •.•-CKB Cou,n ct rA C" To fiw F=3 23 i587 • ` Lt7C��IC1 ii MEETING F7B 231b87 gRONO CITY OF ORONO PLANNING COMMISSION MEETING - UBLIC HEARING HIGHWAY 12 CORRIDOR STUDY/COMPREHENSIVE PLAN AMENDMENT TUESDAY, FEBRUARY 3, 1987 7:30 P.M. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley, Members Bellows and Taylor. The following represented the staff: City Adminiutrator Bernhardson, Building & Zoning Administrator Mabusth, and Assistant Building & Zoning Administrator Gaffron. John Shardlow from Dahlgren, Shardlow & Uban was present to represent the City. The following were also present: Councilmember Sime and Peterson. Mayor Grabek was in attendance for the later part of the meeting. City Administrator Bernhardson explained that of the seven positions on the Planning Commission there are 3 vacancies and of the remaining four, one member was called out of town and was unable to make it back in time for the meeting. Because of this, the hearing may be conducted as scheduled and listen to public comments, however, no formal action will be able to be taken, therefore, formal action will be deferred until the February 17, 1987 Planning Commission meeting. City Administrator Bernhardson explained the Council, at their November 26, 1986 meeting, directed staff to draft a comprehensive elan amendment to incorporate the changes in the Highway 12 c. s.;r as indicated at that meeting. Once the Planning Commission has reviewed and made recommendations, the comprehensive plan amendment will be taken to the Council for preliminary approval and then to the Metropolitan Council for their approval. The Council and Planning Commission will then work on adopting the implementation tools to make the amendment a possibility. Once those tools are in place, the City would then be in a position to accept development plans, etc. for this area. City Administrator Bernhardson noted the study area consists of all the lands in Orono abutting Highway 12 from County Road 6 on the west to Brown Road North, which then abuts the City �f. Long Lake, and three parcels on the east which are surrounded by the cities of Long Lake and Wayzata and interspersed by a piece of Wayzata. The study was undertaken because of numerous inquiries about rezoning from the existing 2-acre rural residential. The study consisted of 9 meetings starting in September 1985 through November 1986. City Administrator Bernhardson explained during the study process, that following an inventory and anaylsis stage, the Council identified four principal areas for goals and objectives of the study, as follows: 1. Land use - compatible land uses and transitions back from Highway 12, if there are to be changes. 2. Transportation - both through and across the Highway 12 corridor for vehicular or non -vehicular traffic. 3. Environmental protection - including Lake Minnetonka and Long Lake and other natural features of the area. CITY OF ORONO PLANNING COMMISr'ION MEETING - PUBLIC HEARING HIGHWAY 12 CORRIDOR STUDY/COMPQEHENSIVE PLAN AMENDMENT 4. Public service - ability to pay for needed improvements, and pay for the increased service demand. This was not just development of a tax base for the overall economic development of the community. The following alternatives were presented: 1. To leave the entire area as it is; 2. Look at means to develop on -site septic uses, apart from single family uses. 3. Allow for development that would go beyond the existing capacity of systems, primarily transportation and utility. 4. To develop generally within the existing systems. The recommended alternative incorporated by the comprehensive plan amendment to some degree represents all four of the above alternatives. were: In the inventory and analysis, the three primary areas of concern 1. Existing Zoning and Land Use - both in Orono and Long Lake 2. Transportation - volume, flow, and safety 3. Utility - sewer (current allotted capacity of 116 units) Another concern addressed in the study and comprehensive amendment is the means by which the City intends to undertake the change which is being proposed. It is principally going to be done by the use of zoning performance standards, divided into two general areas: 1. Set of standards required to be net in order to achieve the desired zoning classification for the development. 2. once achieved, the standards for that district would then have to be met. Issues Metropolitan Council wants addressed in the comprehensive plan amendment: a) Sewer - need for installation of the 1,000 GPM pump at the Long Lake Lift Station. b) Transportation - frontage roads and signalization. c) Parks - no negative impact and will provide better local access to Baker Park and the Luce Line. d) Airport - Orono is in the southern fringe of the western Hennepin search area for an airport, but the area under consideration in Orono is thought to be too small snares fo- facilities and buffering. 2 CITY OF ORONO PLANNING COMMISSION MEETING - PUBLIC HEARING HIGHWAY 12 CORRIDOR STUDY/COMPREHENSIVE PLAN AMENDMENT e) Housing - rrovide an opportunity for greater alternatives to single family housing, and provid❑ the City with the opportunity to work towards its low and moderate goal. f) Metropolitan Urban Service Line - Housing needs to be axtended to allow for the proposed development. Mr. Shardlow explained the conceptual transportation system improvements. Four alternatives have been prepared for the area between Old Crystal Bay Road and Willow Drive to the north. Remote frontage roads may be preferable to the traditional frontage ro::: because of traffic movements at key intersections, it would be appropriate to bring the drive- way curb cuts at least 300' from Highway 12. Area 2, to the south, presents more constraints in that it is considerably more developed. Two alternatives have been looked at for this area: 1. Consolidate the access into a frontage road, working with the City of Long Lake to make a single access. 2. Remote or alternative access road, running along the back of the properties, connecting up with Daniels Street in Long Lake. This is presently preferred by both Long Lake and the land owners. In the Area 1 to the west of Old Crystal Bay Road, a loop road system has been suggested to provide access to that area tying in with Old Crystal Bay Road some 300' south of Highway 12 (minimum) and if there was a remote system, tying in with that point. In Areas 4 and 5 To the east of Willow Drive is a very narrow condition between the existing Dickey Lake Road and Highway 12, with concern about access to Highway 12 being primary. Considerable concern has been raised about the existing Brown Road North and Highway 12 intersection. A number of alternatives have been suggested. It was mentioned the desirability of moving traffic from Brown. Road North to Willow Drive and west without having to go onto Highway 12. The perferred alternative is to have a remote frontage road with a connection out at Brimhall Avenue, Long Lake. The exact location and width of that facility will have to be carefully intergraded into the plans for this area. Mr. Shardlow explained the land use recommendation calls for some commercial from the proposed frontage road to Highway 12, then medium density residential between the frontage roadway and the area of Dickey Lake Road. The four alternati-es which have been suggested for the main study area (13) between Willow Drive and Old Crystal Pay Road are as follows: CITY OF ORONO PLANNING COMMISSION MEETING - PU'BLIC HEARING HIGHWAY 12 CORRIDOR STUDY/COMPREHENSIVE PLAN AMENDMENT Scheme 1. Remote frontage road with a consolidated strip center with no direct access onto Highway 12. There are some free-standing commercial pads between the frontage road and Highway 12, with access of frontage to town houses. All alternatives given call for the retention of the wetlands and trees on the site. The area to the north, as shown, is subdivided into single family lots with not a great deal of support for increase of density. Scheme 2. All free-standing commercial pads along the frontage road, then transitional multiple residential back to single family residential. The only real difference between this and Scheme 1 is the consolidation of the commercial potential into a single major center in the middle of the corridor in Scheme 1. Scheme 3. Commercial areas would be limited to the areas which are between a single facing frontage road and Highway 12 on both sides, again with transitional multiple family back to single family residential to the north.. Scheme 4. Limits the commercial area to the northeast quadrant of Crystal Bay Road and Highway 12 then transitional to multi -residential and back to single family residential to the north. Mr. Shardlow noted it was the consensus of the Council, that if the performance standards could be met and if appropriate sewer capacity could be identified, any one of the above alternatives could be feasible. Planning Co®ission Questions Chairman Kelley verified the definition of one sewer unit as serving a single household. He questioned what was the original section of land which was assessed for sewer. City Administrator Bernhardson explained tha1- the original sewered area was to the south and west of Highway 12, the school area and the industrial area. He clarified that no sewer units were allocated to Area No. 4 and 5 with the exception of the Orono F::opping Center and part of Area No. 1. Bernhardson noted that the remaining 116 sewer units should be allocated to the original area that was assessed. He stated that the City could have a maximum allocation of 600 units (116 included in that number) which would require a minimum of two changes and possibly the third: 1. Addition of a 1,000 GPM pump at Long Lake 2. Pipe C (800 foot segment) changed by adding a parallel pipe or a larger pipe to replace the current pipe Pipe E - possibly requiring a change City Adminietrator Bernhardson noted that with the oxisting interceptor may still L9 take capacity in this area over and above the additional 600 units for this area, but there currently is not a prepared pump space available apart from the one that is proposed to be used. CITY OF ORONO PLANNING COMMISSION MEETING - PUBLIC HEARING HIGHWAY 12 CORRIDOR STUDY/COMPREHENSIVE PLAN AMENDMENT City Administrator Bernhardson additionally added that the difference between the 600 available units minus the original 116, would have to be negotiated between the cities of Medina and Long Lake. Medina is currently at their allocated capacity of 82 units in the system. Long Lake had an original 1,200 units, which are not all r.re currently being used. To date, the City of Orono has used approx_mately 1/2 of the original units allocated to them (about 102 units). Chairman Kelley asked if the proposed service road going behind the Orono Shopping Center, would be the only access to the center. Mr. Shardlow explained that there is no proposal to eliminate the centers access directly onto Highway 12, basically because it would be very costly to do so. The rear access may be able to be designed to give the center access preferrable access, in which the center may choose to convert. Chairman Kelley asked what motivation would be given to the property owners to the south of Highway 12, (Van Dale and Washington Scientific), to share in the cost of reconstructing the roadways. City Administrator Bernhardson explained that in this area greater funding through City participation in the use of Municipal State Aid Funds. The property owners do have some interest in improvement of the access because they have safety concerns for their employees directly accessing on to H!fjhway 12. Chairman Kelley address the proposal of Brown Road North being closed. He asked for justification for the closing, and whether it has been reviewed by MnDot or the City of Long Lake and the property owners along Brown Road North. City Administrator Bernhardson noted there is a petition from the property owners along Brown Road North regarding the volume of traffic and the speed on Brown Road North. The closing of the road has been mentioned to the City of Long Lake and their response is they are not in favor of the closing. The primary reason for development of the frontage )ad is for the east/west flow and property access, not the closing of Brown Road North. Taylor noted that from a traffic and a design point of view, there certainly is an understandable motivation to block the road off at the intersection or between the intersection and the proposed curb cut in order to provide continued access to the bank. In dealing with the affected property owners and the definition of unsafe access, these would be over riding the design criteria. Bellows noted that by making Brown Road North a little more difficult to use by rerouting traffic temporarily, a preferable traffic pattern could be established. This may not necessarily be a perfect solution, but once the pattern for traffic has been established, Brown Road North may be reopened. CITY OF ORONO PIA: :NG COMMISSION MEETING - PUBLIC BEARING HIGHWAY 12 CORRIDOR STUDY/COMPREHENSIVE PLAN AMENDMENT Mr. Shardlow noted that the types of development which are to occur on the Rebers property would definitely affect the Brown Road North access. The east/west road would not be proposed to be built until the Rebers property has been developed. The main, reason for the east/west road is help to keep traffic off Highway 12. Shardlow noted the two other criteria looked at in the planning process: 1. The situation at Brown Road North .,nd Highway 12, which several people in the community feel is unsafe, thus, it was looked at in the planning process for an alternative to that situation. 2. The City does have a responsibility to provide access for the Reber property. In the planning process, it is not meant to say this is the only solution, but we must not overlook the advantages and disadvantages as exists with the alternatives. Chairman Kelley asked how many water units are available for the area and how they are allocated. City Administrator Bernhardaon noted that the City of Long Lake constructed a new water tower about 3-4 years ago. A study was done to determine tower space for this area. An additional well would probably need to be drilled for additional units. Mr. Shardlow noted that it would be a requirement for approval of the development project to demonstrate that all utilities were available to serve the development. Approval would also depend on the nature of the development. Chairman Kelley summarized that the Areas A, B, C, D, and E will not be changed from the current zoning. City Administrator Bernhardson noted the following exceptions: 1. Currently there is a non -conforming use - Summerfield Farms - which will remain as it is. 2. Area B will remain as 2-acre rural residential, however, there may be a possibility to use portions of it as PRO approach to allow for grouping and buffering away from County Road c. 3. In Area C, the Fulmer property has been subject to a previous comprehensive plan amendment allowing for the severing of the property. 6 CITY OF ORONO PLANNING COMMISSION MEETING - PUBLIC HEARING HIGHWAY 12 CORRIDOR STUDY/COMPRBHENSIVE PLAN AMLXDMEMT 4. Area E - vineyard of the Lake Church is in the area, and the other property has just been approved for a day care center. One requirement for the center, which has been addressed, is the building must be sprinkled and in order for this to be done a 500 GPM pump would have to be placed in the ground, which is very costly. It would be cheaper for them to extend utilities from Long Lake than t• put in the pump. City Administrator Bernhardson noted the other sewer line, Maple Plain/Long Lake Interceptor which was put in during 1985, is a force main which runs through the corridor. Initially, the City of Orono was in opposition to the placement of that pipe because it was felt there may be capacity in the line for additional units for Orono, however, once the line was in place, actual hydraulics provided little if any extra capacity. There is a possiblity that the City could put in up to 50 units in that line past Old Crystal Bay Road, but probably not over that number. It is into this line that the Fulmer property will be tapping. PUBLIC COMMENTS Mrs. Cici, owner of 875 Wayzata Boulevard, noted that the property proposed for the day care center in Area E would like to have the Long Lake utilities extended to the property because of the following reasons: 1. It will be very costly otherwise because of the wetlands on the area. This cost would have to be passed on the the parents utilizing the day care center. 2. The well w - would have to be tested periodically for contamination, a: !cipal water would propose no health hazards. 3. If at a later . he City of Orono would propose sewer and water in this area, the is system and well could no longer be used anyway. Howard Eisirger, owner of a parcel of property in Area C. asked his ability to connect to the trunk line for his property. The land has been tested for on -site sewage systems and it did not pass the perculatio. testing. City Administrator Bernhardson noted that sewer currently is not being proposed for that area. He asked for a letter of the perc results for that property. Chairman Kelley moved o, Par:nl 1, noting that a loop road i■ being proposed with cn-septic systems. Via comment was that he did not feel the property should ::a reviewed for a loop road at this time, and it should be left at 2 acre residential. No other comments were made for this area. CITY OF ORONO PLANNING COMMISSION MEETING - PUBLIC BEARING HIGHWAY 12 CORRIDOR STUDY/COMPREHENSIVE PLAN AMENDMENT Chairman Kelley moved to Parcel 2, exp7.aining Miller, Van Dale and Washington Scientific are the principal property owners of this property. Mike Unger of Washington Scientific was present. He asked if in alternative t2, the frontage road could be moved closer to the tracks. Mr. Shardlow noted that there is nothing specific about the current proposed alignment, except that it aligns perpendicular with Daniels Street in Long Lake and it should come out to a point on Old Crystal Bav Road. It could be realigned very easily. Mr. Unger stated that Washington Scientific has no preference to date with either Alternative 1 or 2 and would like to discuss both alternatives with the City further and discussing how both the company and City can benefit each other in this project. Mr. Smeby, Mayor of Long Lake stated that we must keep in mind that the rezoning for this corridor is the main issue, with safety a primary concern. The exact location of the roads will be located when the development starts in that area. City Administrator Bernhardson noted that the comprehensive plan amendment must be submitted to all affected jurisdi_.: ions for their review. Jeff Ruse, Engineer for the City of Long Lake, stated his concern about increased traffic volumes on Daniels Street, east of Willow Drive. Chairman Kelley moved onto Area 3. Marshal Lebonon, Architect, asked if there is a potential for additional sewer for the site. Chairman Kelley restated aga'.n that initially there are 116 units available with the possiblity of a toi,.l of 600 unite. He noted he would like to see the development stay within the 600 units. pity Administrator Bernhardsoi noted that to install additional sewer line to that property going to the long Lake pump station would bring the number of available sewer units to over 1200. This was mentioned as a proposed alternative, but the City chose not to select it as an alternative because Council directed planners to stay relatively within major existing pipe capacity. Curtis Quady of Crystal Bey stated his opinion that he would like to see the toning in the area to stay the same as it is currently. He asked if we know how long Highway 12 will be in the exact area that it is now. CiliT OF ORONO PLANNING COMMISSION MEETING - PUBLIC HEARING HIGHWAY 12 CORRIDOR STUDY/COMPRHRHASIVH PLAN AMR)'MENT City Administrator Bernhardson explained that in the late 1960's c:r early 1970's there was discussion on expanding Highway 12 to a four lane highway through the City. At that tine it was determined that Highway 212 would be the major east/west thruughfare west through the State. MnDot has i-dicated that the a are no plans to do ..ything of any significance to High 1 12 within the next 15-1'0 years, with the note that they are only a reac is firce. The Willmar -hamber of Comm^r, has proposed a four lane exte .a'.^n fr•+m Wayzata to Willmar, if not a. . the way the South Dakota border. This will be addressed by the Council at a later date. Mr. Quady asked if Highway 12 is not going to be upgraded to weat traffic demands, aren't th re gnirq to be a lot of problems added tcthrt area if that many additional sewui units are added to the corridor. City Administrator Be-nhardson stated we are tryinq to estaLlish a frontage road system that would keep some of the local traffic off Highway 12, and by placing sewer units in this corridor, it may replace the need for the units furt:ier out. In the Orono portion of the co, idor, there is a 100' right-of-way, so a limited expansion of turn , and capacity could be done to provide for better traffic flow in the e:..sting ccrridor. Berk Courte u ' •m the Pioneer S�wspaper, asked how many lar.1 owr are within the A. , 3 our.daries. City Administrator Rernhardson noted there are a,-nroximatcly 6 crwrers, including 3 partnerships. Chairman Kelley r !.nto Area A. Sid keoers was present together with his attorney, Stever. ; _sum, anJ engi-:err, Larry Hanson A . Pf lanm started by explaining Mr. Rebers .ar,a or the area if lane which he owns. First there is about 45 - .0 are zoned B-1 commercial (rough!) the south 1/3 of This property is probably as significantly impacted y other property in this study. and is abi- to adapt to .. ..s^' ises and development ••ich one r .cepticn. The areas of con, :•+: 1. Proposed d-velop. - it .f nor. 3rr+: Road - _._ d, •elopme.. cin handle the fr aqe road q,�ing tr.rounh the R,bers property, and as part of th 'e._iopment, he , n abeurb his portion of the cost. 2. ',re proposal of a secondary road hrough the site ...o connect with the ')division to the imms.diate .t - can be accomodatrd in his p• p,--ed nsage also. 9 CITY OF ORONO PLANNING COMMISSION MEETING - PUBLIC BRAKING HIGHWAY 12 CORRIDOR STUDY/COMPRBHERSIVE PLAN AMENDMENT Mr. P' :um explained Mr. a3bers proposes residential for the northern 2/- of a site. He believes that this area should be sewered and that it have 11her density than the 2-acre minimum because the sewer and water units available either through Orono or Long Lae . The property will hate to bear a significant portion of the corridor development costs. The 2-acre on -site erotic requirements are not economical type of combination usage. Larry tLaasen explained that Mr. Rebers would like to develop the northern portion into 1-acre sites because of the concern of on -site sewage treatment. A few of the sites have been tested and found to have perched water, thus presuming a potential fos problems. The following calculations .lave been made regarding the amount of tree removal under the two scenarios. (These calculati...s include house pad and roadways.) 2-acre Lc , - using primary septic system: 15% trey ^dmoval using alternative sys ez..: almost dt. Ole 1-acre ?pots - sewered 12% tree removal To add sewe^/water/streets to the area for 2-acre lots - $360,000 $24,000 per unit (based on 15 units) Mr. Hanson not, -:ca of the 2-acre lots to the north of this property, he southe .. ! of ..he residential area could be 1-acre lots and the most northern on of Mr. Rebt ;s to - could be 2-acre lots. With all 2-acre lots, t. would be 15 lots. W_th all 1-acre lots, 25 lots, and with the combination of 1-acre/2-acre lots, 21 lots total. Mr. Rebers ^meted he is .._lling to r_sume the cost of putting in sewer and water. He _.ed because of the soil testin,, results, sewer is the only way to develop this property. City Administrator Bernhardson r. that the p.•asibility does exist for the commerical part of the proper o be served by a Long Lake lo::ai lir not tied into until Pipe E. .....lows asked if there would be any awn variances required for the residential area development. Building 6 coning Administrator Mabusth noted that _..: area had not begin looked at for B-1 zoning yet. Chairman Kelley asked with this type of development for the reel enttal area, how would this affect the run-off of vitdr from a piece of property and how does it affect the po-J in the to rer right cc- ,r. Mr. Henson explained that proper flood control and water quality devices will be on the kite. 10 CITY OF ORONO PLANNING COMMISSION MEETING - PUHI,fC HEARING HIGHWAY 12 CORRIDOR STUDY/COMPREHENSIVE PLAN AM,-IYDMENT Planning Commission Discussion and Action Chairman Kelley summarized his views as follo�s: Areas A, B, C, D, and E should be left as currently zoned. Tii Area E, the issue of municipal utilities for the day care will have t be dealt with as it comes up. Lot 1 should be left as 2-acre residentia. area with no cut roads or loop roads put in, Old Crystal Bay Road should act as a barrier for the west to further development. The school offers a division to the north of Highway 12. Lot 2 is aready zoned and developed as industrial property and the only aspect to be considered here is safety. In Lot 3, density should be kept to a minimum with some type of limited commercial development along Highway 12 between Old Crystal Bay Road and willow Drive with double bungalows or modest residential as a separation between the semi -commercial and single fami y uses to the north. Mr. Rebers has an interesting proposal for Lot 4, working with the 1-acre/2-acre idea, the sewer availability should be addressed as to the appropriateness. In Lot 5, the zoning should change from rural residential 2-acre but not up to the area of Ringers Wood. Ringers Wood was developed with an understanding it was in a 2-acre zone and we should uphold that idea. Chairman Kelley cuncluded the zoning changes should occur in part of the Area 3, and in the back Areas 4 and 5 with the main concern as density, run-off of water and sewage. Bellows concurred with Chairman Kelley with the only points of dissension on Area E, even though there was some reservation with the use of a day care in that area before, this new issue of utilities should be included in this study. Lot 1 should be kept as it currently is zoned, however, there are some real problems in terms of soil, but they might be dealt wit, eat on an individual basis. Primarily the preservation of a less dense nature is the main concern. Mr. Rebers proposal for Area 4, is one that bears lucking at as the area does have very unique soil conditions and it does have to be dealt with in special w s. Bellows felt the City s'..juld keep the options open as to exactly what the middle-of-the-road density in Area 3 is. It should not be limited at this point, but keep n mind the concern for the properties in Ringers Wood. Chairman Kelley not, that the Planning Commission, at their February 17th, 1987 meeting, wi .. revi,+ again the alternativ and make a recommendation to the Council r.garding the comp.�'+.nsive p amendment for the rezoning of the Highway '2 corridor ana t the 9ubtic hearing would be continued until that meeting. The meeti Cjourned at 10:00 P.M. 12 CITT of O NO PORL Ofncn Iba CA* Bey. Min..W GSSZ:I.Municip 1 (Naom On the North Share of Laint-s"n"'OF -ain February 18, 1987 FEE 231987 0-if OF ORONO Mr. Joe Backes Big Island Board of Governors 3416 Jidana Lane Minnetonka, MN 55343 Dear 'ne, .,.! . letter is written as a follow-up to our telephone conversation of Tuesday, February 19, 1987. A recap of the deadlines outlined are as follows: - February 20, 1987 - Submission of the application for a conditio-al use permit together with supporting documentation thereby .. vailable plus the appropriate permit fee of $259.90. - March 5, 1987 - Submission of the balance of materials requested for the master plan consideration. - March 9, 1987 - Date of first regular Council meeting of March. At this meeting should the appropriate documentation be submitted by the two previous deadlines the staff will recommend that the hazardous buildings resolutions continue to be held in abeyance for twomonths, until the May 11, 1987 meeting. - March 16, 1987 - This is the date for the regularly scheduled Planning Commission at which your application, if sufficient documentation hat been provided, will be considered. It is anticipated you will make a presentation regarding an overview of the plan together with responding to questions etc. Regarding the additional information that has been requested to supplement t.e master planare the following: 1. Phasing Plr The document that was presented on December 17, 19 sat was prepared by Set_ Leach and Lindstrom does n.. .nclude some key items. The rirst would be the costs by each phaue (i.e. the financing plan) together with dates by which it is anticipated each phase would be MOLE NGA ZONING-037357 • AMIINISiRAIION! PINANCS-Q3735S • MILIC WORKS - 4734MIs ASW/SIN(: Mr. Joe Backes February 18, 1987 Pa;e 2 undertaken. The City requests that those costs be delineated within each phase (preferably broken down into each building or project within the phase). 2. Reuair and Removal Schedule - This may be incorporated either in tFe pFasing program cr as an individual layout to detail the timeline for repair/removal of existing buildings together with the attendant costs for such. 3. Fin___ancng Plan - As indicated on the phone this is referr ng to as retailed breakdown of the project costs that are anticipated to be set out by phases or stages. To the extent that different schedules are submitted for the new and the old, costs should be detailed for each building within the phased program of the new buildings together with a list of costs by building for the repair and removal schedule. 4. Funding Promo ram - This would be a layout of the total dollars needed to develop the plan together the means and estimated timetable of raising those fu,ds. You also asked if the City might possibly consider a personal guarantee by Board members for completion of the project as opposed to a letter of credit. As I indicated the City's objective is to receive the appropriate financial commitment that can be utilized should the project not meet the agreed upon time schedule. Once you have determined the form or format this personal guarantee might take, the City is willing to rev'ew that as an alternative security for the project. It is anticipated that to the extent security is required, that security would cover both rehabilitation of old buildings Together with the new buildings. Finally, you did ask a question regarding the suitability of the architect's materials that had been presented to the City. The City is not in a position to comment as to the adequacy of the jo:. that the Board's architects art! doing for the Big Island Board of Governors. The C- f is only in a position to indicate what items it needs for its consi9eration and review of any master plan development. It is up to the architect's client, the Big Island Hoard of Governors, to determine if the documents that are prepared by Setter, Leach and Lindstrom adequately serve their purposes in support of their application for the conditional use permit. qr. Joe Backes February 18, 1987 Page 3 While not discussed in our phone conversation, it does merit mention of the fact that all work done on the project will have to be in accordance with appropriate building, zoning and other codes that apply to this area. incere , ��kL '.;J Mark Berntfardson City Administrator MEB/dh cc: Mayor and City Council Ed Morrow Jeanne Mabusth, Zoning Administrator Tom Jacobs, Building Inspector CAITY off ORONO I'a & Office Max Se. Crystal Bay. Minnesnm fk=i.Municixal Offs y On the North Shore of Lake Minnetonka February 18, 1587 Mr. Cy Ducharme + 3405 High Lane Long Lake, FIN 55356 Subject: Cable Service to High Lane Pic-T1NG F=3 231587 Ci = r OF ORONO Attachments: A. Holly Hansen Letter Dated 2/3/87 B. Bernhardson Letter Dated 1/5/87 Plus Attachments Dear Cy, As you will note in the attached letter from the Lake Minnetonka Cable Commission they have reviewed their franchise agreement and do not feel that their agreement grants to them any authority to regulate the cable company in this matter. It is doubtful that the City would through the cable regulations have any other authority than the Cable Commission itself would have in regulation -F this matter. As you will note in the letter it is their pos ;n that this is a contract dispute between yourself and ,. cable company and that it is appropriately handled throught any contractual civil remedies. As noted in Attachment B the concern I expressed was not only the regulation of the cable company attempting to rectify the situation, but also citing the manner in which it was handled which, in my opinion, was extremely poor. I apparently was handled because Dowden did not want to admit the original mistake made by theif subcontractor. As also noted in Attachment A the cable company has requested the Cable Commission gain beiter uniformity regardino solicition permits within the communities. while it is my u•.derstanding that they would like an exemption to these City regulations because they are governed by the franchise agreement, I think this situation points out the need for a serarate licensing procedure for the solicition permit. While tLe City may look to make exceptions to its 60 day solicition permit for a situation such as this, incidents such as this will be takan into account with renewal for such solicitation. BUILDING& ZONING -/I]9Ji7 • ADM INISixATON& FINANCE -tll7)SS • PUBLIC WOafb-U17161 ASSESSING Mr. Cy Ducharme February 18, 1986 Page 2 At this p„1nt I agree with you that the issue is one of principal. Dowden made a commitment dispite warnings from yourself and others that cable was not available to the area and that they at least have a moral commitment, if not a legal commitment, to provide the service. (with proper easements the extension might require 5-688 feet of cable to serve your homes from the cable on Watertown Road.) I do not however, feel it is probably worth your time or mine to seek the private legal remedies that would be necessary to enforce such a contract. Should you however, have any further thoughts on the matter, please feel free to contact me. Sincerely co� Maik Bern:,...,, son City Administrator MED/dh Enclosures cc: Mayor and City Council Tim Adams, LMCC Representative Holly Hansen, Lake Minnetonka Cable Commission Mary Smith, oowden Communications Thomas Dowden, Dowden Communications Lake Minnetonka Cable Co-tr¢ei ura6oatgans Cacc misolasa 443 OAk STRUT • EXCELSIOR, MINNESOTA 55331 • 1612) 474 5539 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, This letter 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 Duvden Cable Partners, L.P.) as Mr. Duch&re's home is located in an area of less than thirty homes per mile. Although I agree with you that this complaint could have been handled more effec- tively by Dowden Cable, this is a matter over which the LMCCC has no authority. Mr. Ducharme's complaint is a contract dispute that must be resolved between him and Dowden Cable. The other matter you aJdressed was an expired sollcitati on permit. As permits are Issued by each city, it is u. to each city to enforce its own permit requirements. Mary Shclth has indlea,.eu to nie LMCCC that the variety of solicitation permit requirements represented by each of our fourteen member cities has created marketing difflcul:les for Dowden Cable. The LMCCC has directed me to send a letter to our members and ask them to review their solicitation permit requirements. That letter Is enclosed. Although I have no direct solutions to the hope this letter has served to clarify the as related to these matters. Please feel to discuss anything further. Sincerely, 10l sae Administrator probi ens addressed in your letter, role of the LMCCC and Its authority free to contact me if you would like 6�od�—� I ` ' FEB 4 KJBT Lake Minnetonka Cable Communieo 443 OAK ST RE ET • EXCELSIOR, MINNESOTA 55331 s 161, February 3, 1987 Mr. Mark Bernhardson City of Orono Box 66 Crystal Bay, MN 55323 Re: Permit Requirements Dear Mr. Bernhardson, armnission 5539 Dowden Cable Partners, L.P. has requested the assistance of the Lake Minnetonka Cable Communications Commission in communicating to our member cities that they are encountering difficulties ; 'taining to the necessary permits for marketing in each of our member cities. These difficulties are related to the tim lengths of permits which vary from city to city, and the amount of repetitive pe .: work 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 review your permit requirements with respect to Dowden Cable Partners, L.P. Dowden Is operating as a I'-ensed business in our communities under the Francnise Agreemcat adopted by the Lake Minnetonka Cable Communications Commission and its member cities. This may result in special consideration for Dowden, as pe rmlt requirements are generally not Intended to regulate on -going resident businesses. Any action that your city may choose to take to simplify Dowden's business acti- vities may result in more efficient service to current and potential subscribers. If you do choose to take action on this matter, your city should work with Dowden to reach an agreement regarding their marketing acitvitles in your city. If you have any q..e..ions 51 cerely, No son Administrator cc: Jim f.Ids Mary Smith about thi, ester, please contact me. CITY of ORONO P.M Offine Ib, N.(:,Y.wl Hey, Minneentn N7G1•MuniriWl Offi. On the North Shore of Lake Minnetonka January 5, 1987 Ms. Holly Hansen Lake Minnetonka Cab! :om,,nications Commission 443 Oak Street Excelsior, MN 55331 S,ibject: Complaint of C. L. Ducharme Dated 12/2/86 Attachments: A.) C. L. Ducharme Letter Dated 12/2/8r B.) ',ary Smith Letter Dated 11/21/86 C.) slat Map of Area Dear Ms. Hansen, Attached are copies of correspondence together with other materials relevant to the complaint by Mr. Ducharme that were zddresseJ to Mary Smith on December 2, 1986, This is a result of a complaint that I had received initially on August 18, 1986 in which Mr. Ducharme had indicated that he had been solicitated by a representative of Dow -Sat for cable and that he had indicated to t" sales perann that, in fact, cable war not availabe in the eghborhood. The following day the sales person did come bark, Indicated that it was available. Mr. Do+harme signed a contract saying be would thereby expect delivery this service as promised. Upon receiving this complaint I called Dow -Sat cable and requested that they please rectify this matter with Mr. Ducharme. A number of weeks went by without Mr. Ducharme receiving a phone call to correct the situation. Initially it was indica-ad to me that they were reviewing the area as p-, •t of their 1987 capital construction and to see if, in Fact, .,iis would be area that would be built. ldditlonally i' was indicated that the delay was due to the closing out of the fiscal year. In late September or early October, I again raised the issue with Mary Smith's assistant, Cheryl Johnson, who indicated that she would in fact attempt to get a response. Finally a letter was addressed, aF, r yet another phone call, on October 38th. This �istakan]y aad .,.. Ducharme located on aackey Lake Drive, when in fa t he .as living on Hi, Lane. The error was immed.ately brought to t.-tention Of Dow -Sat. It was not however, unti) No•rcmber 21, o that a new letter was transmitted to Mr. Ducharmr indicating, in fact, •VItnIM.+a ZONING -41)-7)37 • ADMIMSIAA110NAFIMAWF '117358 • M'atM'xoan-I1)7lS1 AW1amaM1: Ms. dolly Hansen 2 -ary 5, 198- that his area wculd not be aed as they currently did not have the street density requited Y.he franchise agreement. The area is wdjacent to Watertown Ro;., which does have cable and the housas could be served from •.ertewn if appropriate easements are obtained. The reason this has become .);em has been the apparent failure of Dow -Sat to resolve t6. after in a timely manner and candidly admitting a mistake was made by Dow -Sat. (While it was their subcontractor, they are still are part of the "Dow -Sat" as it relates to serviue.) In a related comment, Dow -Sat obtained a 69 day solicitation permit which expired on September 26, 1986. fhev did not su F.sequently request an additional one or raise objections as to length of the permit. only to th ct they had to obtain a permit in the first place, that they h.. to pay a fee and thirdly wait until passed by the City ^ouncil (within 5 days after initially requested.) Your efforts 'n rear lotion of this problem are gr^atly appreciated. SSincerel k�Ck B a rn dson City Administrator cc: Mayor and City Courcil Mary Smith, Dowden Cable TV Cy Ducharme C. L. Ducharme 3405 High Lane Long Lake, MN 55356 December 2, 1966 Ms. Mary A. Smith Regional Manager DEC - 5 'ink Lbw -Sat of Minnesota, Inc. 2381 Wilshire Mound, Mt: 55364 Dear Ms. Smith: I tried several times to reach you by phone to discuss the problems I have had with Dow -Sat, but have been unable to get through to you. Your letter of October 30, 1986, sent to my correct address, mentions ..attempting to serve your residence on Dickey Lane Drive". I otvimsly do riot live there, but this represents the lack of comprehension on the part of Lbw -Sall Both your letters of October 30th and that of November 21st fail to recognize or acknowledge the problems which originated with Dow -Sat. You state that "Robert Harlin :;as been in contact .with me several times, but these contacts have been unsatisfactory". The only unsatisfactory conversation L have had with Mr. Harlin was the last om, when he tried to pass the buck of Dow-Sat's ineptitude ..o an innocent salesperson of Dow -Sat. In the event that you do not know the sequence of happenings, let me state them. On August 18, 1986, Mr. Richard Hiebler called at my home to solicit orders for cable service. Mr. Hiebler tcld me that the cable was on High Lane and was available for hook-up at a monthly charge of $12.35, with w installation charges. I advised Mr. Hiebler that to my knowledge, the cable was on Watertown Road but not on High Iane. He disagreed with this and insisted that the cable lu:d been extended up to High Lane. At this pc,int, I asked him to disthis with his supervisor, and if in 'he cable was on High Lane, then I would sign up the follwirxl day. The othe. homes on High Lane were also solicited at this time. These neighbors also would sign up based on the program offered. 'lhe following day, August 19, 1986, Mr. Hicb:er returned informing roe that he had talked to his supervisor, and he was authorized to offer the service to people on High Lax. I informed him that if I signed for this service, I expected Dow -Sat to live up to their offer. That is still what I expectl At a later date, I heard once again from Lbw-Sat's Mr. Harlin and he tried to explain to me that the salesperson had not contacted the right people. I can hardly accept this explanation. It sounds like a used car salesman ploy! The fact that your franchise with the city of Orono requires you to service areas with residential density of over 30 per mile has nothing to do with the offer made on behalf of your firm. The franchise does permit your firm to offer service to a low density area, which in fact is what your firm has done. I do not expect anything sore or less than what your firm has offered. The city of Order is ill-servod having ompanies such as yours soliciting in the area. Very truly n, Ck.�u� s� aci Mark Bernhardson Dow•Sat of Minnesota, Inc. h. 2361 Wilshire Mound, MN 55364 (612) 472-6394 DEC _ i lees November 21, 1886 Mr. C. L. Ducharme 3405 High Lane Long Lake, Minnesota 55356 RE: Cable Television Service Dear Mr. Ducharme: I would much rather be writing to you under other circumstances. If all of the residents of the homes passed by our physical cable plant shared your enthusiasm for having cable service, we would have no problem serving you even though the location of your home does not meet the density requirements as stated in our franchise agreement with the Lake Minnetonka Cable Commission, a joint -powers group of fourteen communities of which your community is a member. I understand our Sales Manager, Robert Harlin, has been in contact with you several times and that contact has been unpatisfactory on both sides: therefore I will attempt to glace the situatlon in proper perspective. The franchise agreement requires that cable service must be exteneed to homes in a density of thirty homes per mile. Our chief technician reported to me that in your area there are currvrc ly twenty homes per mile which is well below the requi_ement. Extension of cable service to your home requires mainline construction involving amplifiers, power supply and lashed trunk line currently costing out at $10,000 per mile. It is true that Ne can and do service homes five to seven hundred feet off a main trunk line, but service drops of this nature are in a plant -constructed area and do not require the electronics and cable listed above. Some residents have requested that we actually build a line extension to service them. We have done this on a cost - sharing basis with the customer credited as more homes are added to the over all density of the area. Cable Television Service November 21, 1986 Page 2 We will continue to appraise the housing development in your area and will be most happy to extend free installation of a service drop to you once the area is serviceable. I apologize for any inconvenience that our salesman may have caused you. If you have any questions, please do not hesitate to contact me. Yours very truly, Mary A. Smith Regional Manager MAS:ej CC: Mark Bernhardson� Holly Hansen File ME _ Id &I I E40 d') sz S3f SD 2M V, 1410 Cl 1900 ci) 3IFc+ �R\ 356+ 2220 CO i t _ /mow/, KILI 1 , OLO 1 +.':�a.,:s • .,.�+' "ate 4GT ]YYT 3Y2f I � 1 I 3v FcB� �C~1 (Val'Mhi'� z Z I N ""42 1 lSL75 I• 1ti . P {1 (• 71.lS I o„i' d LAKE MINN EION KA CONSERVAI ION DISTRICT Toi Wayzata Weekly News/South Shore Weekly News Wayzata Sailor, Excelsior Sailor, Minnetonka Sailor, Westonka Sailor The Laker/Pioneer PUBLISH: Feb. 9, 1987 From: Frank Mix. Executive Director L.H.C.D. 473-7033 c, ; 7" i+ FTING PUBLIC HEARING NOTICE. f _B 23 M7 CFY 41F ORONO SPEED LIMIT ON LAKE MINNETONKA Notice is hereby given that the Lake Minnetonka Con- servation District will hold a public hearing at the Tooke Bay Village Mall, 4901 KanLtou Road (County Road 19) at 7 p.m. on Wednesday, February 25, 1987, for the purpose of considering changes in speed rules on Lake Minnetonka, including the reduction of nighttime speed during the boating season from 20 miles per hour to IO mph, and to review the winter speed rules. M� Frank Mixa, Ex cutive Director Lake Minnetonka Conservation District Lake Minnetonka Cable Communications Co; nission 443 0AK STREET -EXCELS I OR, M INNESOTA 55331 • (612, 474 5539 DATE: FEBRUARY 19, 1987 p _ yes TO: ALL LMCCC MEMBERS `IM?FTING FROM: MOLLY HANSEN, ADMINISTRATOR FcD 23IS87 RE: UPCOMING COMMISSION MEETING/PUBLIC HEARING MY OF ORONO The LMCCC will be holding a public hearing on February 17th at 5:00 p.m. in the Excelsior Studio. The hearing is being called pursuant to the requirements of the Joint and Cooperative Agreement which established the LMCCC to allow the opportunity for public Input with •espect to the amendments to the Cable Communi- cations Ordinance arising out of the transfer of ownership and transfer of the Cable Communications Ordinance as amended to Dowden Cable Partners, L.P., and the Schedule of Rates. Enclosed are copies of the proposed amen�..ients of the LMCCC and Ordinance No. 2 for your review prior to the meeting. If you have any questions regarding this, please contact me prior to the meeting. I would like to take this opportunity to welcome newly appointed directors to the LMCCC and thank those directors who have renewed their terms for 1987 for their continued Interest and sup,.ort. The Executive Committee meets on the third Tuesday of every month and the full Commission meets four times annually. Full Commission meetings will take plat or to the meeting. If you are unable to attend the upcoming meeting on February 17th, please notify me as soon as possible, and no later tnan 5:00 P.m. on Monday, February 16th. Tha k you, 5 ='(mlLw9 1 Holly Hansen FEB • I S67 Encl. LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION FULL COMMISSION MEETING TUESDAY, FEBRUARY 17, 1987 5:00 P,M. EXCELSIOR TV STUDIO I. CALL TO ORDER II. APPROVAL OF MINUTES III. PUBLIC HEARING - 5:00 P,M, IV, REPORTS A. OFFICERS B. ADMINISTRATOR C. LEGAL COUNSEL D. DOWDEN CABLESYSTEMS V. BOND REDUCTION REOUEST VI. UNFINISHED BUSINESS VI!, NEW BUSINESS VIII. ADJOURN MINUTES LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION of] III 5:00 P.M. EXCELSIOR T.V. STUDIO TUESDAY, JANUARY 20, 1987 CALL TO ORDFR Chairman Olds called the January 20, 1987 meeting to order at 5:00 P.M. ROLL CALL Directors Present Jim Olds Tom Anderson Tim Adams Lesley Hughes -Seamans Jerry Roehl Dean Johnson APPROVAL OF MINUTES Others Present Holly Hansen Mary Smith Shelly Trinka MOTION 1.20.87.1; Anderson moved, seconded by Roehl, to approve the minutes of the Special Meeting Re: Franchise Transfer of December 2, 1986. Motion carried unanimously. MOTION 1.20.87.2: Anderson moved. seconded by Adams, to approve the minutes of the Executive Committee Meeting of December 16, 1986. Motion carried unanimously. REPORTS A. TREASURER Jerry Roehl briefly discussed the I,d7 Revised Budget. The Budget was tabled for a vote later in the meeting. Roehl explained to the Commission about a service called Paychex which is available to do LMCCC's payroll. The cost is $25.00 a month. Paychex would write LMCCC's checks, calculate deductions, do quarterly reports, year end reports and H2 forms; with this service taking over payroll, Administrator Hansen would then have more time for cable -related tasks. MOTION 1.20.87.3: Anderson moved, seconded by Adams, to approve the payroll service (Paychex) at $25.00 per month. Motion carried unanimously. Studio Report Re: Dow -Sat Capital Investments for Original Studio Setup: 1. The Temperature control work has been completed in the Excelsior Studio. 2. Administrator Hansen has picked up the computer and is working on it at home. Hansen is waiting for a Genlock unit so it can be hooked up to the studio equipment. 3. Administrator Hansen has a meeting with Design Stages to look at and approve the final drawings of the Orono set. It should be installed on February 23 1987; the remaining equipment is on back order. Hansen requested that Fredrick (Fritz) Coulter the Commissions part time employee be raised to 15 hours a week instead of ID - effective immediately. -I- LMCCC MINUTES PAGE TWO ADMINISTRATORS REPORT cost. MOTION 1.20.87.1; Johnson moved, seconded by Hughes -Seamans, to raise Fredrick Coulter to 15 hours a week effective immediately. Motion carried unanimously. Hansen would like to enter the Lake Minnetonka News excerpts in a video contest sponsored by the National Federation of Local Cable Programmers (NFLCP); the entry fee is $30.00; the deadline is March 31, 1987. MOTION 1.20.87.5; Anderson moved, seconded by Hughes -Seamans, to authorize the $30.00 entry fee. Motion carried unanimously. Hansen mentioned the Minnesota Association of Cable Television Administrators (MACTA) Conference is January 30 and 31, 1987. It is $95.00 for both days or $50.00 for one day. MOTION 1.20.87.6: Anderson moved, seconded by Johnson, to approve payment for Administrator Hansen and two i2) others to attend the MACTA conference. Motion carried unanimously. Administrator Hansen wrote a job description. Adams asked about her Medical Insurance to see if the commission could find another insurance less expensive. Hansen explained that she is satisfied with her current medical insurance and would like to stay with it. The sick time was also discussed if it should or should not be accrued. MOTION 1.20.87.7: Anderson moved, to accept the proposed job description and benefits with a $950.00 limit on the medical insurance. Motion was discussed and amended. MOTION 1.20.87.8; Anderson moved, seconded by Johnson, to amend his motion to accept the proposed job description and benefits with a $950.00 on medical insurance and that sick time may not be accraad. Motion carried unanimously. C. DOW-SAT Mary Smith of Dow -Sat distributed a memo which requests the Commission's assistance helping Dow -Sat to gain an on -going solicita- tion right in the member communities for the purpose of marketing cable service. Chairman Olds suggested that the Commission look for a model ordinance to exclude Dow -Sat from having to pay the permit fees. Adams suggested that if the permit is waived for Dow -Sat, and there is a problem, then the Commission is responsible and recourse would be through the Commission. MOTION 1.23.87.9: Johnson moved, seconded by Anderson, to have Administrator Hansen to draft a letter of request asking the 14 communities to allow Dowden to conduct door to door marketing activities under the exception of permit laws with the Commission being respon- sible for Dowdens activities. Motion carried unanimously. Mary Smith also stated that Dow -Sat is changing their reports con- verting it to a quarterly detailed report, and a monthly system recap. -2- L11CCC JUST CLAIMS 12/17/d6 - 1/20/0 CHECK d UATE PAYABLE ANOUNT 1313 0/29 NU Bell $ 59.89 1319 12/29 Gross Office Supply 6.52 1320 12/29 National Camera Exchange 215.03 1321 12/29 Kevin P. Cattoor 985.00 1322 12/31 Holly Hansen 914.21 1323 12/31 D.O.E.R. S.S. Ret. Div. 200.66 1324 12/31 Public Employees Retirement Assoc. 115.76 1325 12/31 Bank Excelsior (4th Qtr. Fed. Taxes) 799.00 1326 12/31 State Capitol Credit Union 41.000.00 1327 1102 Fritz Coulter 99.82 1328 1/15 Frederick Coulter 130.97 1329 1/15 Holly Hansen 671.43 1330 1115 Public Employees Retirement Assoc. 79.06 1331 1/15 Public Employees Retirement Assoc. 9.00 1332 1/15 Petty Cash 91.72 1333 1120 Tonka Printing 32.85 1334 1/20 John N. Traeger Agency Inc.(Insurance) 293.00 1335 1/20 Shelly Trinka 50.00 1336 1/20 Dean Johnson (shelves) 40.00 1337 1120 Commissioner of Revenue (MN 4th Qtr.) 365.67 TOTAL S46.162.64 BATIK EXCELSIOR PAYMENT REQUESTS eg nn ng ba ante 12/17/06 $ 6,261.12 ostmas-ter 39.00 Interest 34.8o Cable T.V. and New Media 95.JC Usposit - Franchise Fee 53.284.211 Cable Resource Directory 29.95 Claims (12/17 - 1/20) 44 162Z64 Ending Balance STATE CAPITOL CREUIT UNION elepositnq a ante b $ 3.755.18 Deposit 44,755.00 Ending Balance' , t8 '(does not show interest. 5.75% 1/1-3/31/87) LMCCC MINUTES PAGE THREE IV. STATUS REPORT - TRANSFER OF OWNERSHIP The Commission needs to schedule and publish notice of Public Hearing to amend the existing Ordinance due to the transfer of ownership and transfer of the Cable Communications Ordinance as amended to Dowden Cable Partners L.P., and the schedule of rates. A meeting for the Public Hearing is tentatively scheduled for February 17, 1987 at 5:30 P.M. at the Excelsior T.V. Studio. MOTION 1.20.87.10: Anderson moved, seconded by Adams to move the Public Hearing to 5:00 P.M. February 17, 1987, for the purpose of amending the Ordinance due to the change of ownership and schedule of rates. Motion carried u:animously. V. UNFINISHED BUSINESS Treasurer Roehl asked for a vote on the Revised 1987 Budget. MOTION 1.20.87.11: Anderson moved, seconded by Roehl, to pass the Revised 1987 budget. Motion carried unanimously. VI. NEW BUSINESS Mary Smith of Dow -Sat would like to request an Agenda Item for February: Bond Reduction. VII. ADJOURNMENT MOTION 1.20.87.12: Anderson moved, seconded by Johnson, to adjourn the January 20, 1987 meeting at dill P.M. RESPECTFULLY SUBMITTED, Shelly Trinka Recorder -3- LANE MINNETONKA CABLE COMMUPICAT IONS CObVt]SSION BUDGET 1987 1986 APPROVED REVISED NET CARRYOVER BUDGET BUDGET DIFFERENCE INCOME t 650,OGO $53,284 $3,284 Interest 700 1,000 300 Carryover $61720 6,720 y TOTALS 6 720 1,7 00 61 004 $10.304 EXPENSE Cable Administrator $23,000 $23,000 0 Legal Fees 4,000 4.000 0 Conferences/Schools 4,000 4,000 0 Financial Audit Fees $1.000 1.000 2,000 0 Technical Audit Fees 2,000 2,000 4,000 0 Insurance/bonds 3,500 4,000 500 Office Equipment/Supplies 750 1.750 1,000 Secretarial Service 1,000 1,300 0 Assn. Dues/Lank Charges 750 750 0 0 Telephone/Repro/Postage 1,2U0 1.20r, 0 Miscellaneous Soo 500 0 Access/L.O. 5,000 5,0OG Equipment/Studio Fund 4,ODO 0 4,000 3,700 0 3,700 Employee Payroll Taxes 0 950 950 Medical Ins- Administrator Unallocated Funds 0 1,154 y TOTALS $3,000 $50,700 561.D04 $7,3D4 REV 1/B7 ORDINANCE NO. 2 THE LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION DOES ORDAIN AS FOLLOWS: ORDINANCE NO. 1 OF THE LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION IS HEREBY AMENDED AS FOLLOWS: 1. ARTICLE I, Section 2(H) is amended as follows: H. "Grantee" is Dowden Cable Partners, L.P., its agents and employees. 2. ARTICLE I, Section 2(0) is amended as follows: 0. "Offering of Grantee" or "Offering" means that certain document dated July 7, 1983, entitled "Application for Cable Television Franchise" and signed by Grantee's predecessor, as amended from time to time by mutual written agreement between Grantee and City or its delegates, and that certain document entitled "Dowden Communications, Inc. Response to Questions in the Lake Minnetonka Proposal", and related documents and written information and documentation or response to the "Request For Information" as part of the transfer of the Franchise to Grantee, which documents are on file with the City Clerk. 3. EXHIBIT A of the Franchise is deleted in its entirety and amended as follows: Exhibit A - Grantee Schedule of Rates The current rates and subscriber charges of Grantee are available for public inspection in the Office of the Lake Minnetonka Cable Communications Commission during regular business hours. of the Lake Minnetonka Cable Communications Commission .curing regular business hours. Passed and adopted this __ day of , 1987. ATTEST: LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION By _ By___ Secretary Chair This Franchise, as amended, is accepced, and we agree to be bound by all its terms and conditions. By It Date: DOWDEN CABLE PARTNERS, L.P. By Its -2- ORDINANCE NO. 2 THE LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION DOES ORDAIN AS FOLLOWS: ORDINANCE NO. 1 OF THE LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION IS HEREBY AMENDED AS FOLLOWS: 1. ARTICLE I, Section 2(H) is amended as follows: H. "Grantee" is Dowden Cable Partners, L.P., its agents and employees. 2. ARTICLE I, Section 2(0) is amended as follows: O. "Offering of Grantee" or "Offering" means that certain document dated July 7, 1983, entitled "Application for Cable Television Franchise" and signed by Grantee's predecessor, as amended from time to time by mutual written agreement between Grantee and City or its delegatee, .and that certain document entitled "Dowden Communications, Inc. Response to Questions in the Lake Minnetonka Proposal", and related documents and written information and documentation or response to the "Request For Information" as part of the transfer of the Franchise to Grantee, which documents are on file with the City Clerk. 3. EXHIBIT A of the Franchise is deleted in its entirety and amended as follows: Exhibit A - Grantee Schedule of Rates The current rates and subscriber charges of Grantee are available for public inspection in the Office of the Lake Minnetonka Cable Communications Commission during regular businesE hours. of the Lake Minnetonka Cable Communications Commission during regular business hours. Passed and adopted this _ day of , 1987. ATTEST: LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION By By Secretary This Franchise, as amended, is accepted, and we agree to be bound by all its terms and conditions. DOWDEN CABLE PARTNERS, L.P. Dates Date -2- r l , 'JBLIC ATTENDANCE CITY OF ORONO MEETING DATE Q7"'T�_ PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) i 3. �. 4. S. S� e✓,O MAI R/ 6. cK U G 7. Ju 44 -btU§ � � V'I ... 6 i"l 7+1J iQ Av ..` 0. / c 4. i