HomeMy WebLinkAbout11-09-1987 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, NOVEMBER 9, 1987, 7:00 P.M.
(*) Asterisk items are considered to be routine ite,,is to be enacted upon by
one motion by the City Council under the Consent Item* on the agenda.
Discussion will be held upon request. Memos regarding each of the
Agenda items are available in th,: Public Iracket which may be obtained
upon request from the Recorder.
ROLL CALL
rj 't.ibl
1. CONSENT AGENDA*
2. Designation of Tom Brunansky Day - November 27, 19E7
APPROVAL OF MINUTES
* 3. Regular Meeting of October 26, 19R7 (Mailed to Councilmembers 11/3/87)
PLANNING COMMISSION COMMENTS - Idward Brown Representative
PUBLIC COMMENTS - (Limit 5 Minutes Per Person)
ZONING ADMINISTRATOR'S REPORT
4. #643 Bruce Curtiss, 1920 Fagerness Point Road - Consideration of
Variance Application
* 5. #984 Joe Sawchuk, 4105 Watertown Road - Variance - Denial Resolution
6. #1168 Richard G. Helstrom, 2895 Casco Point Road - Variance -
7. #1169 Wear Partnership Enterprises, Watertown Road - Preliminary
Subdivision - Resolution
8. #1177 Todd Waters, 3061 Casco Point Road - Conditional Use
Permit/Variances - Denial Resolution
9. #1199 Richard & Gay Kelly, 425 oxford Road - Variance
*10. #1205 Robert Maxfield, 4175 North Shore Drive - Renewal Variance -
Resolution
11. #1211 Gerald Neslund, 1225 Orono Oaks Drive - Conditional Use Permit/
Variance - Resolution
12. #1212 Paul Boyke, 793 anti 795 North Ferndale - Subdivision of Lot Line
Rearrangement -• Resolution
13. #1213 Rollen Lacy, 2655 North Shore Drive - Variance - Resolution
14. #1210 Clark Winslow, 1595 Bohns Point Road - Conditional Use
Permit/Varian(:(, - Resolution
MAYOR'S REPORT
ENGINEER'S REPORT
1.5. County 15 Costs of Local Improvemj_nts - Prc,gress
CITY ADMINISTRATOR'S REPORT
16. 1988 Strategic Plannin,i
17. 1988 Legislative_ Polic-ies
18. Tax Forfeited Pr!.�oortr - Preliminary Review
*19. Resignation Part Tim(, Police Officer - William Breimhorst
*20. Salary Adjustment - Jamie Bosma
*21. Long Lake/Cici Water Agreement
*22. 1988 Auditor Authorization
*21. Hackberry Hill Park - Wvll Installation
*24. Additional Depository - Resolution
*25. Assessment Reduction - 525 Tonkawa Road - Resolution
AGENDA FOR COUNCIL MEETING SET FOR MONDAY, NOVI:MBER 9, 1987, 7:90 P.M.
CITY ADMINISTRATOR'S REPORT Continued
*26. Administrator's Information
Highway 12 Task Force
Metro Goose Hunt
3382 Shoreline Drive - Mobile home
Comprehensive Plan Amendment
Space Consultant/Progress Report
3405 Shoreline Drive
3536 Lyric Avenue
200 Hollander Road
4220 Sixth Avenue North
1160 North Arm Driv
1700 Fox Street
1988 Employee Health Insurance
Inte-znational City Management Association Conference
Goal Setting Status - October
CITY ATTORNEY'S REPORT
LICENSES ( 2 7 * )
BILLS (28*)
ADJOURNMENT
City of ORONO
RESOLUTION OF THE CITY COUNCIL
i•
A RESOLUTION DECLARING �1987
NOVEMBER 27, 1987 AS -, � � OF ORONO
TOM BRUNANSKY DAY IN THE CIT1 OF ORONO
WHEREAS, the City of Orono is a municipal corporation
organized and eic•ting under the laws of the State of. Minnesota;
and
WHEREAS, Tom Brunansky is a resident of the City of
Orono; and
WHEREAS, the Minnesota Twins were uccessful in winning
the 1987 World Series against the St. Lou; ,:ardinals; and
WHEREAS, Tom Brunansky's outstanding performance during
the World Series contributed to the Minnesota Twin's success.
NOW, THEREFORE BE IT RESOLVED, that November 27, 1997 is
declared Tom Brunansky Day in the City of Orono in honor of his
outstanding performance during the 1987 World Series.
Adopted by the City Council of the City of urono,
tdinn(,-_ota at a regular Council meeting held on the 9th day of
November, 1987.
-------------------- -------------------
James R. Grabek, t�iGyar
A'T'TEST:
F-nrothy M. HallTn, City 71er`k - -
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBSR 3fy4987
ATTENDANCE 7:00 P.M.
The Orono Council met on the above date w-t�th the
following members present: Mayor Grabek, Councilmembers
Peterscn, Sime, Callahan, and Goetten. The following
represented the City stp.ff: Acting City Administrator
Gerhardson, Building & Zoning Administrator Mabusth,
Assistant Planning & Zoning Administrator Gaffron, and
City Recorder Peterson. City Attorney Blatz and City
Engineer Cook were also present,
RESOLUTION OF CONGRATULATIONS - MINNESOTA TWINS
RESOLUTION #2287
It was moved by Ccuncilmember Sime, seconded by
Councilmember Goetten, to adopt Resolution ##2287
Congratulating the Minnesot.-i Twins for winning the World
Series Championship. Motion, Ayes 5, Nays 0.
CONSENT AGENDA*
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, to approve the Consent Agenda*
subject to removal of the following item:
##15 - Sculptor Agreement/Livingston Tower Park -
requested by Acting City Administrator Gerhardson
Motion, Ayes 5, Nays 0.
OATH OF OFFICE - POLICE OFFICER
CHARLES SCHAUSS
Acting City Administrator Gerhardson administered the
Oath of Office to Police Officer Charles Schauss and
introduced him to the Council.
APPROVAL OF MINUTES*
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, to approve the Minutes of the
October 12, 1987 Council meeting as submitted. Motion,
Ayes 5, Nays 0.
PUBLIC COMMENTS
There were no comments from the public.
ZONING ADMINISTRATOR'S
#984 JOE : \WCHUK
4105 WATERTOWN ROAD
VARIANCE
Acting City Administrator Gerhardson explained the
request for a side setback variance to constrL,-` a horse
barn :0-20' from the side lot line where 75' is normally
required. Planning Commission recommended denial of the
variances finding that the applicant's stated hardships
are not sufficient to justify the granting of the
variance, when a barn could be built without the need
for a variance.
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OC._"OBRR 26, 1987
#984 SANCHUR CONTINUED
Joe and Pam Sawchuk were present for this matter. Pam
Sawchuk explained their "bad lot" problem in that the
house was built many years ago only 10' from the lot
line. They purchased the house in 1975 and tri-d
unsuccessfully to purchase the adjacent property to
correct the location of house. She noted th.:t the only
two alternative locations are: 1)approximately 400' back
from the house which would be inconvenient in the
winter; 2) in the middle of their yard which would be
aesthetically unpleasing and view of barn would be
obstructed from house. They are requesting a variance
to provide visual continuity to build the barn behind
their house.
Councilmember Goetten stated she visited the site and
felt the location outlined by staff not requiring a
variance would be suitable. She also noted that the
Neighbors, Michael Plank, house would be overlooking the
barn if placed where proposed.
Joe Sawchuk noted that ele,7tricity and water are already
located on the proposed barn site. He also noted that
if the barn were located in the location outlined by
staff, he would have to remove the existing corral area.
In addition, the proposed barn is a nice looking barn
and the existing shed would be rem moved.
Councilmember Callahan stated he visited the site and
felt that the pr,,;posed location of barn was reasonable
for the neighborhood and in view of the close proximity
to the electric and water. Fie noted that it was
apparent that a barn previously was located at the
proposed site and felt it would be an improvement to
build another barn in that location.
Assistant Zoning Administrator noted the concerns voiced
by the Plank's at the Planninq Commission meeting: 1)
opposed to the location from a visual stardneint; 2)
concern with adding to an existing drainage problem
coming from Watertown. Road across the Sawchuk property
to the Plunk property.
Joe Sawchuk did not feel that constructing the barn
woull effect the existing drainage at all.
It. was moved by Mayor Grabek, seconded by Councilmember
Goetten, to deny the variance request finding there is
an alternative suitable location for the barn that would
require no variance. Motion, Ayes 4, Nays 1.
Councilmember Callahan voted nay.
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1987
i1168 RICHARD G. HELSTROM
2695 CASCO POINT ROAD
VARIJUME
RESOLUTION
Richard Helstrom was not present for this matter.
Acting City Administrator Gerhardson explained the
request for hardcover and average lakesnore setback
variances to construct a 2nd story deck and screen porch
onto the lake side of the residence. The proposed deck
& porch replaces a smaller dilapidated deck that was
removed last year. He noted that the proposal was
revised per Planning Commission direction to minimize
the average lakeshore encroachment. Planning Commission
recommended approval of the revised proposal subject to
removal of a 14'x 12' block patio in the lakeshore yard.
Councilmember Sime stated tie was in attendance at the
Planning Commission review and noted that the Planning
Commission unanimously recommended approval and the
affected neighbor, Jim Bowers of 2905 Casco Point Road,
rescinded his objection to the original proposal and is
in favor of the revised proposal. Th::refore, made a
motion to approve the revised proposal per Planning
Commission recommendation.
Motion seconded by Councilmember Peterson.
Councilmember Goetten requested clarification regarding
the specific patio area proposed to be removed.
Assistant Zoning Administrator Gaffron explained that
patio proposed to be removed is a 12'x 14' area, and the
a wooden structure play area recently added by the
applicant in that area was to have been moved to the
250--500' zone near the road. fie noted that the patio
under the proposed deck porch addition is not planned to
be removed.
Councilmember Goetten felt that the patio area under the
deck/porch that extends beyond the deck/porch could
also be removed to decrease the hardcover from 45.7%.
Assistant Toning Administrator Gaffron noted that if the
additional patio area was removed as Councilmember
Goetten suggests, it would decrease the hardcover by
anoroximately 2%, to around 43-44%.
Councilmember Callahan did not feel that removal of the
patio area without the woods-n play area structure
constituted an entire removal of hardcover.
MINUTES CF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26,. 1987
#1168 HELSTROM CONTINUED
Because Council voiced concerns with the proposal,
Counci.lmembers Sime and Peterson withdrew their previous
motion.
It was moved by Councilmember Sime, seconded by
CounciAmember Goetten, to postpone this matter until the
end of the meeting for applicant or representative to be
present.
Deferring this matter until the end of the meeting
(9:34) and no presence of the applicant or
representative, it was moved by Mayor Grabek, seconded
by Councilmember Goetten, to table this matter until
applicant/representative can be present and direct staff
to review the play yard area. Motion, Ayes 5, Nays 0.
i1177 TODD WATERS
3061 CASCO POINT ROAD
AFTER -THE -FACT CONDITIONAL USE PERMIT
AND VARIANCE
Acting City Administrator Gerhardson explained the
request for an after -the -fact conditional use permit and
variance for unapproved land alteration within `tie 0-75'
setback area involving the excavations for a partial
lakeside walkout, major alteration of lakeshore yard up
to within 5-10' of lakeshore and major alteration of
both the 0-75' lakeshore protected area and 75-250'
setback area in excess of 100 cubic yards involving
changes in drainage for a 5+ acre watershed that would
not be covered under customary/usual grading allowed
under building permit. Planning Commission recommended
denial and complete restoration to the original
elevations, with the drainage being treated as before
with an underground tile.
Todd Waters and Dori Molitor -Waters were present for
this matter. Todd Waters introduced their Attorney,
David Davenport, ar,d Engineer consultant, Greq
Kopischke. Todd Wate-s reviewed the backgrcund of the
project, their plans and intention noting that it was
never their intention to do something not allowed and
they tried to follow the City codes and procedures,
while trying to solve a drainage problem.
Attorney David Daven.por� explained at great length the
following three alternatives including the advantages
and disadvantages of each:
I - Deny CUP and require total restoration of
original Fite grade with elimination of walkout
noting that this could cost the applicant
approximately $63,000 for re-storation and decrease
in home value because of loss of walkout.
4
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1987
#1177 WATERS CONTINUED
IA - Grant CUP but require only partial restoration
to original hill and slopes to retain walkout
design.
II - Grant CUP to permit Water's original plan.
Refer to Exhibit #'_l.'7-A attached t Minutes for
more detail.
Mr. Davenport explained that the conditions existing on
the property prior to construction were peculiar to the
property justifying granting the CUP to alleviate a
demonstrable hardship and difficulty to applicants while
pre.3erving a substantial property right. He submitted
photos of the poor lakeshore condition prior to
construction noting the rotting retaining wall timbers.
He explained the history of the drainage problem that
existed prior to construction. He asked the Council to
put aside the nature of the after -the -fact request and
consider the best environmental solution to solving ti,a
existing conditions.
Mayor Grabek as,,ed if the crainage problem was brought
up during the original Planning Commission and Council
review?
In response to Mayor Grabek's question, John Dennis of
3055 Casco Point Road and original co -applicant in this
application, stated that he attended the variance
meetings and was fully prepared to discuss the drainage
problem and his support of the Waters' project, but his
comments were n(-:t necessary in the course of review.
Greg Kopischke noted that if the swale is not allowed,
he believed a 27" pipe would be needed to replace the
original 8" pipe to accomodate the drainaqe.
City Engineer Cook agreed that some change should be
made from what previously existed. In this parti . lar
case, he did not see a significant environmental
difference in the pipe vs. swa le options.
Mr. Dennis explained the history of ct drainage
problem which has stea61ly increased over c years by
the new development in the area. He noted that the
conditions at this time result in 25% less ponding area
and 50% less pipe drainage than what previously existed
and hoped that this could be resolved before spring
thaw.
1)
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1987
#1177 WATERS CONTINUED
Councilmember Goetten noted th 7t she originally voted
against the variance applicantion feeling that the
house should have been built further back. She felt
Council must seriously and realistically consider the
options and would like a recommendation from City
Engineer Cook.
Councilmember Callahan recalled there was mention of a
drainage problem during the first reviews which was t
reason the applicant could not place the house furth,._r
back due to the location of catch basin. It was
indicated during the first review that the drainage
pattern was away from the lake which was a contributing
factor in approval of the variances. He did not feel
the land alteration would have been approved before the
fact. Fie also felt there were numerous additional
problems with the land alteraticn conducted on the site.
He felt approval of the existing conditions would be a
total disregard of the City's lakeshore regulations. It
is his recommendation that restoration be required
including the original 8" pipe.
Councilmember Sime felt that many blatent violations of
the ordinances have taken place in this matter. He
concurred with Councilmember Callahan regarding the
variance approval based on the belief that the Orainage
was away from the lake. Because City Engineer Cook felt
there was little difference between the swale and pipe
option, he recommended that the property i,e re -toned
with the drainage pipe and alternative plan to provide
the walkout.
Councilmember Peterson _tated she sympathized with
applicant, however, agrees' with Counci lmember Callahan's
recommendation.
Ma;•or Gra bek felt a precedent would be set if the
grading was allowed after -the -fact.
It was moves, by Mayor Grabek, st-c-anded by Counc-i lmember
Callahan, to deny the after ►e-fact conditional use
permit and variance and require complete restoratior to
the natural elevations within a reasonable amount of
time.
Councilmember Goetten stated although she found the
situation appalling, her main concern at this point is
what is Y.est for the property and lake. She asked City
Engineer Cook if total restoration would be in the best
environmental interest for the lake?
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1987
01177 WATERS CONTINUED
City Engineer Cook stated the best and quic,•est lution
at this point is to leave the property as it. Ho. stated
there would be problems with restora ion wh_ch will be
difficult, in addition to causing a pitential detriment
to the lake while it is being restored.
In response to City Engineer Cook's comments,
Councilmember Sime stated he would have to vote against
the motion feeling it would create an unecess,,ry
hardship. He felt a partial restoration is preferable.
Motion, Ayes 3, Nays 2. Councilmembers :ime and Goetten
voted nay.
Mayor Grabek directed staff to draft a resolution of
denial for final approval.
#1168 SHELDON K"LAN
2695 KELLY AVENUE
VAR IANC E
RRSOLUTION i2283
Acting City Admini.rator -jerhardson explained tha- this
application was ta:_led pending information from the City
Engineer regarding th.e impact on drainage from new
construction. Plarnin:. Commission recommended denial ,f
the request.
Attorney David Kar.-in was present representing Shel lon
Kaplan. He noted the following issues:
1. Two new lots are not. being created, but already
exist as two separate lots.
2. Per City Engineer Cook's report, new construction
will not affect the drainage.
3. Buildab;lity of the lot is not the issue at this
time. This issue can be addressed upon submission
of building plans.
fie noted that obviously the neighbors would rather have
a vacant lake lot than a house built on the lot,
however, it would not be fair or reasonable to expect
the Kaplans to bear the burden of keeping the lot vacant
given their expectations when they b�,ught the lot and
considerat_on of the taxes they have paid on a 1 ,t
_ended to be buildable.
Jan Berg, 2655 Lydiard Avenue, pointed out that it is a
non -conforming lot with a non-conforminq house. She
noted that in 1983 the Yaplan's asked the County to
reduce the taxes beca..se the lot was no lonqer
considered builrW,le.
MINUTES OF THE REGULAR ORONO COUNCIL MEET1 ELD OCTOBER 26, 1987
#1188 K"LAN CONTINUED
Staff and Mr. Karan clariiied that the Kaplan's did not
ask for a tax reduction, rather it was an automatic
reduction done by the assessor in response to the
current zoning standards.
Councilmember Callahan stated he is concerned with the
buildability of the lot, however, agreed that
buildability was not the issue at this time. Fie stated
that history proves that the lot was always intended to
be buildable since th platting of the area which has
not changed. In consideration of the City Engineer's
report that drainage will not be affected, he would vote
to approve the variance request.
Councilmember Goetten referred to the list in staff's
memo of lot area/width variances to common ownership
lots in the I.R-?.B district that have ')een granted since
1984. She noted that none of them were riparian lots
(with the excej 'on of the Smiley lot) and none required
additi.onal va. inccs for the existing homestead lots.
In aOdition, she Ji . not recall the neighbors objecting
in the cases listed. She has concerns about what will
be )uilt on the lot, and although the City Engineer
strtes that the drainage kill not be affected, she knows
trere is an existing drainage problem in that area.
Vieref ore, she would not vote for approval of th
request.
It was moved by Mayor Grabek, seconded by Councilmember
Sime, to adopt Resolution 0228_1 approving the variances
as requested. Motion, Aye, 4, Nays 1. Councilmember
Goetten voted nay.
#1206 KATHERINE C. PERRY
2693 KELLY AVENUE
VARIANCE
RESOLUTION 022z4
Acting City Administrator Gerhardson explained the
request for a side street setback variance to construct
a second story deck with storage/screen porch below.
Planning Commission recommend approval as proposed.
Katherine Perry was present for this matter.
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, to adopt Resolution 12284
approving the variance as proposed. Motion, Ayes 5,
Nays 0.
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1987
#1208 MICHAEL SAYLER
1990 SPATES AVENUE
VARIANCE
RESOLUTION #2285
Acting City Administrator Gerhardson explained the
request for a side setback variance to construct a 4'x
6' entryway porch, Planning Commission recommended
approval as proposed.
Michael Sayler was present for this matter.
It was moved by Councilmember Goetten, seconded by
Councilmember Sime, to adopt Resolution #2285 approving
the variance as proposed. Motion, Ayes 5, Nays 0.
SURW.. I' OF PERMITS ISSUED UNDER
AUTHORIZATION OF STORM DAMAGE ORDINANCE
Council reviewed and accepted the information regarding
Storm Damage Permits.
BUSY BEAVER DAY CARE
770 OLD CRYSTAL BAY ROAD
REQUEST FOR CONSIDERATION
Mrs. Cici, Owner/Director of Busy Beaver Day Care was
present for this matter.
Acting City Administrator Gerhardson explained the
dilemma of the Busy Beaver Day Care Center's inability
to renew their lease at Vineyard of the Lake until their
new building is built and are being forced out by
October 31st. They are requesting an after -the -fact
conditional use permit to allow them to relocate in the
Orono Community Church by November 1, 1987. Planning
Commission voted to recommend allowing Busy Beaver to
use the facility prior to formal action by the City and
waive the penalty fee for the after -the -fact conditional
use permit because the problem was created by
circumstances out of Mrs. Cici's control. The Planning
Commission will hold a public hearing at their November
16th meeting to review the application. Staff has made
the necessary inspections of the building and finds no
problem.
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to conceptually approve the use
of the Orono Community Church by Busy Beaver Day Care
prior to formal action by the City for an after -the -fact
conditional use permit and waiving the penalty fee.
Motion, Ayes 5,Nays 0.
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1997
MINNTON]KA BOATS WORKS
1449 SHORELINE DRIVE
REQUEST FOR CONSIDERATION
Acting City Administrator Gerhardson explained the
request for special consideration for lard alteration
within the 0-75' lakeshore area. On -coming winter
weather requires the immediate alteration in order to
upgrade the present boat lift facility requiring a ramp
extension. The applicant needs to service the larger
boats maintained at the Wayzata facility which are
impossible to transport via lava over public roadway.
MAYOR'S REPORT:
Byron Heimark, President of Minnetonka Boat Works, was
present for this matter and explained the proposal. All
agencies have been contacted but only the DNR will
require a permit which is pending City approval.
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, to conceptually approve the
request to allow the alteration followed by after -the -
fact conditional use permit review by Planning
Commission at their November 16th meeting and waiving
penalty fee. Motion, Ayes 4, Nays 1. Councilmember
Callahan voted nab because he was conceptually orposed
to acting before Planning Commission review.
Councilmember Goetten noted that in the future, special
requests with special circumstances should r� handled in
this same manner.
Mayor Grabek directed staff to report bz�^k to Council on
November 9th regarding the followinq mat`.ers:
-Fill being used at 4220 Sixth Avenue North for berm.
-Dumping on property on County Road 151
-Fence along Road on Fagerness Point
-Keaveny property in Navarre
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1987
ENGINEER'S REPORT:
COUNTY ROAD 15 COSTS OF LOCAL IMPROVEMENT
City Engineer Cook reported on the information from
Hennepin County Department of Transporation regarding
Orono's share of the costs for the rehabilitation of
County Road 15 through Navarre. He explained the
funding from the MSA account noting that there would be
a penalty for using the MSA accounz to fund the costs
because the project is not on the City's MSA system. He
explained the option of assessing the balance of costs
remaining and/or the penalty costs.
It was moved by Mayor Grabek, seconded by Councilmember
Peterson, to direct City Engineer Cook to report back to
Council at the November 9th meeting regarding
alternative ramifications, numbers of property owners
involved, and different alterntatives and percentages.
Motion, Ayes 5, Nays 0.
CITY ADMINISTRATOR'S REPORT:
ASSESSMENT REVIEW - 525 TONIKAWA ROAD
Acting City Administrator Gerhardson explained the
request for a reduction in assessment from the property
owner of 525 Tonkawa Road. The owner purchased three
adjoining lots in 1978 and have since combined all lots
into one buildable parcel and are now requesting removal
of one sanitary sewer assessemnt. Staff recommends
approval of the assessment reduction per the formula
outlined in staff memo dated October 22, 1987 in the
amount of $2,619.66.
Jeff Martineau, representing owner of property,
requested clarification of the reduction amount.
It was moved by Councilmember Sime, seconded b.✓
Councilmember Goetten, to direct staff to draft a.
resolution reducing the amount of assessment and sewer
units for 525 Tonkawa Road by an amount not to exceed
$2,619.66. Motion, Ayes 5, Nays 0.
SNOW PLOW BID AWARD•
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, to award the bid for 4 new
reversible trip Edge snow plows to Boyum Equipment
Company for an amount of $16,720.00. Motir n, Ayes 5,
Nays 0.
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1987
SCULPTOR AGREEMENT - LIVINGSTON TOWER PARK
Acting City Administrator Gerhardson explained the
proposal to enter into an agreement with Nicholas
Legaros to create a wax model of a sculpture to be
created for Livingston Tower Park. The cost for the wax
model is $100.00.
Robert Kost, Chairperson of ::a Park Commission was
present for this latter.
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, to approve proceeding with
sculpture for Livingston Tower Park as outlined in
agreement with Nicholas Legaros. Motion, Ayes 5, Nays
0.
LONG LAKE/CICI WATER AGREEMENT*
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, to table the water agreement
with Long Lake/Cici until the November 9, 1987 Council
meeting. Motion, Ayes 5, Nays 0.
1950 SHORELINE DRIVE*
HAFARDOUS BUILDING PROCEEDINGS
RESOLUTION #2286
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, to adopt Resolution #2286
commencing hazardous building proceedings against the
property at 1950 Shoreline Drive. Motion, Ayes 5, Nays
0.
1988 MEETING CALENDMI
I` ,,as moved by Councilmember Sime, seconded by
Councilmember Peterson, to adopt the 1988 Meeting
Schedule Calendar as 3tibm.it.ted. Motion, Ayes 5, Nays
0.
1988 BUDGET k.MENDMENT APPROVAL*
It was move,J by Councilmember Sime, seconded by
Councilmember Peterson, *.o approve the adopted 1988
Budget as amended, to ref lec-,_ the reinstatement of one
police officer position in the Long Lake service area.
Motion, Ayes 5, Nays 0.
EXTENSION OF TEMPORARY EMPLOYMENT-*
POLICE DEPARTMENT
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, to authorize the employment of
Jean Hoogenakker at $6.00 per hour, further until
12/31/87, to work no more than 140 hours in a period of
120 days. Motion, Ayes 5, Nays 0.
12
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1987
CHAPTER 12 SECTION 12.05*
ORrOINANCE AMENDMENT
It was moved
Councilmember
Second Series
Subdivision 1
and entitled
Construction"'.
by Councilmember Sime, seconded by
Peterson, to adopt Ordinance No. 43,
"An Ordinance amending Section 12.05
of Ordinance 12 adopted April 11, 1984,
'An Ordinance relating to the Time of
Motion, Ayes 5, Nays 0.
ADMINISTRATOR'S INFORMATION*
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, to accept Acting City
Administrator Gerhardson's Information regarding: Space
Consultant Progress, Highvay 12 Corridor Selection
Process, Forest Arms Associa,:ion, 3536 Lyric, 3946 Sixth
Avenue North, 200 HollandFr Road, M14CD Appointments,
and Fall Clean Up. Motion, Ayes 5, Nays 0.
CITY ATTORNEY'S REPORT:
City Attorney Blatz requested and Executive Session at
this time.
LICENSES*
It was moved by C icilmember Sime, seconded by
Councilmember Petei.: i, to approve the following
licenses:
Septic System Installer - Westonka Sewer & Water
Solicitors Li.cense - Minnesotat Public Interest
Research Group
Motion, Ayes 5, Nays 0.
BILLS*
It was moved by Counci lmember Sime, seconded by
Councilmember Peterson, to approve payment of the All
Funds Accounts. Motion, Ayes 5, Nays 0.
AWOURKMENT 9: 5 5 P.M.
It was moved by Councilmember Sime, seconded by
Councilmember Callahan, to adjourn the Council meeting
at 9:55 P.M. Motion, Ayes 5, Nays 0.
ATTEST:
Dorothy M. Hallin, City Cleric James R. Gra>ek, Mayor
�-r
Attachment to 10/26/87 Council Minutes
EXHIBIT #1177-A
Page 1 of 6
ALTERNATIVE I
Deny CUP and require total restoration of original site
grade with elimination of walkout.
Advantages:
a. Ground restored to original preconstruction
condition and after -the -'act ordinance "violation"
eliminated.
b. Amount of retaining wall can be minimized.
Disadvantages:
a. Use of 18" to 27" storm pipe required to
eliminate pre-existing drainage condition.
b. Use of 18" pipe would require drainage
easements from adjacent properties (i.e. Dennis' and
Berthumes) but who acquires and who pays for ponding
and "positive overflow"?.
c. Sediment control devices (catch basins, etc.)
required with pipe require regular maintenance to
function properly.
d. "Trapped" storm water if maintenance break.3
down or pipe plugs (or in the event of a 100 year
flood) could result in flooding of Waters' and Dennis'
homes with attendant legal consequences, i.e. a "taking"
if such flooding resulted from storm water run-off
from other properties.
e. Further disturbance of lakeshore during regrading/
reconstruction period and replacement with less cohesive
soils initially.
f. Cost.
(i) Storm sewer (and overflow grading
if required):
(ii) Gra,ling to-estorA Lopes and
landscaping:
(iii) Decrease in home value because of
loss of walkout based on appraisal:
$13,000-14,000
5,500- 6,500
22,500
(iv) Reconstruction cost to eliminate walkout
design (exclusive of rij,-rappin•?) : 20,200
61,200-63,200
Note: potential recovery of incrutsed interest that
would be payable by Waters on a $360,000 mortgage over
30 years (1/2• increase equals $46,623 t,efore DPV).
Attachment to 10/26/87 Council Minutes EXHIBIT #1177-A
Page 2 of 6
ALTERNATIVE lA
Grant CUP but require only partial restoration to
original hill and slopes co retain walkout design.
Advantages:
a. Same as (a) and (b) to Alt -=native 1.
b. .louse is not disturbed and reconstruction cost
of $20,200 is eliminated.
Disadvantages:
a. Same as (a) through (f) to Alternative 1
except for $20,200 saving.
b. There is not adequate distance to slope up
from the lake down to the walkout and provide a 10' to
15' yard area in front of walkout.
C. Does this represent "compromise for compromise
sake" without addressing merits of alternate, more
preferable, drainage solutions?
d. Design advantages (,•,.sual, aes'-`:atic, etc.)
are effectively lost to ;1aters'.
e. Increased grad4.ng cost for cverflow grac=_ng on
Dennis' property with 1E" pipe of $1,000 tc $3,000 an,3
easements must be obtained.
Attachment to 10/26/87 Council Minutes EXHIBIT #1177-A
Page 3 of 6
ALTERNATIVE II
Grant CUP to permit Waters' original plan.
Advantages:
a. Swale design pro%ides overland drainage for
Waters' and Dennis' lots eliminating need for new
storm sewer.
b. Swale design is sufficient to accommodate
100 year storm event.
C. Grass swale is preferable environmentall,• to
a pipe according to everyone.
d. The slopes will k:e stabilized with retaining
walls and flatter yard area to facilitate sediment
filtering and ground water recharge.
e. No cost to the City to solve pre-existing
drainage problem that City may have responsibility for.
f. Responsive to FPWM ordinance regarding drainage
and flooding.
Disadvantages:
a. Concern about the after -the -fact nature of
the CUP request and potential precedent.
b. Action may also be perceived by some as not
being responsive to FPWM ordinance regarding lakeside
grading and excavation.
Note: There is another variation on this desic,n involving
the construction of a berm that would help soften the
abrupt land form cut. It would also soften any visual/
aesthetic concern the City might have about building
exposure to the lake by softening that exposur:2 and
reducing t-.he wall with berm construction.
'Attachment to 10/26/87 Council Minutes EXHIBIT 41177-A
Lake Minnetonka Page 4 of 6
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EXHIBIT #1177-A
Page 5 of 6
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To: Mayor Grabek & Orono Council Members
City Administrator Bernhardson
From: Jeanne A. Mabusth, Building & Zoning Administrator
Date: November 5, 1987
Subject: 4643 Mrs. Camille Curtiss, 1920 Fagerness Point Road -
Reconsideration of Variance Application Approved 9/14/81
Pertinent Issues -
1. Six foot privacy fence has been erected on the street side of lakeshore
lot not adjacent to a street classified as a major thoroughfare. The fence
is considered a hazard in its present location. It is questionable whether
a legal height, A feet high fence, would be safe within specific areas of
the street yard adjacent to roadway.
2. Violation of conditions of approval of variances approved in September
of 1981. Applicant failed to provide a turnaround on site in lieu of the
20 foot setback allowed for attached garage.
Zoning District - LR-lC
Area of Lot. - 29,750 s.f. (Required building envelope totally located
within lakeshore protected area)
Lot Width - 330'
List of Exhibits -
Exhibit A - Staff Memo to Council Dated 9/9/81
Exhibit B Plat Map
Exhibit C - Survey for Application #643
Exhibit D - Elevation (Front)
Exhibit E - Planning Commission Minutes of 8/17/81
Exhibit F - Council Minutes of 9/14/81
Exhibit G - Curtiss letter Dated 8/19/81
Exhibit it - Council Notice Dated 9/15/81
Exhibit I - Staff Letter Dated 10/24/87
Exhibit J - Inspection Notice of 9/11/86
Exhibit K - Staff Letter Dated 9/11/87
Exhibit L - Planning Commission Minutes of 9/21/87
Exhibit M - Staff Sketch of Street Yard
Exhibit N - Designated Area With Height Restrictions
Exhibit 0 - Staff Memo
Exhibit P - Applicant's Information
Zoning File #643
November 5, 1987
Page 2 of 5
Review of Application #643 -
Application #643 was reviewed by the City approximately 6 years ago.
The variances sought by the applicant involved hardcover within the
lakeshore protected area, lakeshore setback and street setback variance for
an attached garage. The proposed garage is now located 20 feet Zrom the
street right-of-way (please note the traveled road is located 37 feet from
the front line of approved 3 car garage). Staff will riot repeat the
findings and conditions of that approval as they are recorded in the
Planning Commission Minutes of 8/17/81 and reapproved by the Council at
their 9/14/81 meeting (Exhibits F & F). These conditions were repeated
again in a notice to the applicant on 9/15/87 (Exhibit H) and in a staff
letter dated 10/24/84 (Exhibit I).
Staff can confirm that the garage has been removi and the gravel
drive removed and ground cover restored. The lakeshore yard has been
filled and regraded (note Exhibits I ! J) on at least two occassions within
areas that were not to be altered nor had any approval been sought by
appl inant_ Review Exhibits E, F, H & I, applicant was to re�-:ore lands
occupied by garage and former drive and parking area.
Staff had asked that original garage be placed at the required 30 feet
setback because this is the minimal depth required for turnaround - it
cannot be realized with only 20 feet. The applicant's position is recorded
in the minutes. There are 17 additional feet of right-of-way that appears
as front yard area. In recollecting that review, staff remembers the
applicant did not feel the turnaround was necessary because the road was a
dead end road with limited use - not same concerns as with through roads of
the City. It was also the applicant's understanding that turnaround was
not required because of the hardcover issue and did not install one, This
was not the understanding of the City. The lack of a turnaround and the
location of the privacy fence presents a serious hazard not just to the
public but for the applicants and their children.
Based on Council's original approach, a turnaround would have to be
installed within the unused portions of the 17 feet of road right-of-way.
Harlan Olson of the City Engineer's office has reviewed the site and
advises that a turnaround on the north side of the drive is difficult based
on location of power pole and mature tree location in rig;it-of--way. The
south side of the drive and applicant's limited front yard is the only
suitable area for turnaround - especially sincc the unused right-of-way is
at its widest at this point.
Zoning File #643
November 5, 1987
Page 3 of 5
The privacy fence was installed sometime in 1986 and applicant has
not altered or added anything to the fence si_ncc the Stop Work Order was
issued in September of 1986. It was also at this time that staff noted the
second incident of filling within the lakeshore protected area. Mr.
Curtiss was asked to contact Mabusth at once regarding the fence
construction. Curtiss called and advised that Mabusth had approved the
fence. Curtiss called to ask months before if he could u e the existing
fence that had been on the property. Staff can only remember the one type
of fencing along the front yard that exists today and advised that it would
be acceptable.
In my recent dealings with Mrs. Curtiss, she advised me that they
wanted to reuse stockade fencing that had been installed around the
detached garage that had since been removed at the north side of the
property. Staff does not recall the fencing but clearly such fencing would
not have been allowed if if exceeded 3� Peet. It would be hard to imagine
anyone on staff approving 6 feet privacy fences in lakeshore street yards
since the Hehl application of 1983. Remember also that staff must make an
inspection for all legal 6 feet fences along roadways to ensure there is no
potential traffic hazard created by placement.
The applicant has installed new fencing instead, 5+ feet in height and
runs 80 to 100 feet along the roadway. Portions at the southern end have
been placed in the road right-of-way and sections to the north have been
placed within 75 feet of the lakeshore.
The applicants claim that with limited yard area and the location of
the roadway adjacent to their yard, they need to provide protection for
their young children. Planning Commission agreed that there was a need to
secure the yard for the sake of the children but there was no need for the
privacy fence - a conforming 3' foot fence would satisfy the need.
Planning Commission found the privacy fence a hazard in its height and
location. Planning Commission recommended a variance to the required
lakeshore setback so that applicants could install 3� foot fence along
northern (east/west section) edge (see Exhibit M). Planning Commission
added that applicants could plant screening at any height as long as it was
within their property and within any area of their yard.
The City Engineer would recommend against any plantings that exceed 3�
feet in height along the north side of the drive and for 35+ feet along the
roadway (see Exhibit h), no matter what the Council resolves regarding the
turnaround.
In the spring of 1987, staff sent a letter to Bruce Curtiss advising
that the fence appeared to be also located within 75 feet of the lake per
inspection staffs observation in September of 1986. Mrs. Curtiss
contacted me advising that she would prefer not involving her husband in
this problem based on certain personal problems. Mr. Curtiss appeared at
the most recent review at the Planning Commission meeting of October 19,
987 along with the neighbor on the opposite side of the street from the
subject property who supports the fence.
Zoning File #643
November 1987
Page 4 of 5
Basel] on discussions with Mrs. Curtiss, her position can be summarized
as follows:
1. If sections of the fence are located within the protected area,
they will remove them. From a recent inspection by staff, it would
appear the last 3 sections of fence at the northern edge may be
located within 75 feet of the lakeshore.
2. The fence is needed to provide privacy, noise protection,
protection from neighbors' dogs and her yound child from any mishap on
the roadway. Stoff has been asked to confirm a neighbor's complaint
that the Curtiss' rent boat slips at an old dock at the northern edge
of their lakeshore. There is no foundation to this claim and neither
is the claim that cabs are parked at the northern edge of the property
by the users of this dock. Mrs. Curtiss has advised that their ca- is
parked at the edge which is another reason for the privacy fence.
This has also been confirmed by staff.
3. Mrs. Curtiss claims that throughout the review of Application
#643, the limited yard area was discussed and tha _- Council approved
the setback variance so that the yard area could to maintained rather
than used as driveway and turnaround if 1�jt.,:s were to face to the
side.
7taff cannot recall discussion of a priv;.c, nce. The only fence at
a legal height on the property is the split ra.,i fence in front of the
house but even that fence may be located in the right-of-way.
Options of Action Available to the Council -
Turnaround Issue -
A. Required t.urnaro•.nd within south or front yard of house, existing
split rail fence to be relocated within front yard of applicant's
property.
OR
B. Turnaround not required as long as natural screening and fencing
within defined areas in side or north yard area do not. exceed a height
of 3� feet.
Zoning File #643
November 5, 1987
Page 5 o - 5
Fencing -
A. 3� foot high fence shall not be allowed in 0-75' setback area.
OR
B. 3� foot high fence shall be allowed in 0-75' setback area and
applicant must provide a sketch, using current survey information,
locating placement of fencing on property. A building permit will be
required for this fence now not considered a non -encroachment.
Screening -
A. Screening shall he limited to 3� fec.L within the designated area
bounded on the south by the applicant's drive (20') and 35 feet north
alcng the street lot line from the northwest corner of the
intersection of the drive and Fagerness Point Road.
The applicants have complained that the City has cut/trimmed trees and
shrubs located within their property lines.
Secondly, the applicant has asked the City to address the encroachment
of Fagerness Point Road over platted, torrens property. Curtiss has
submitted information for consideration.
Staff has referred this r ter to the appropriate staff members.
Staff does not see any relate to this new request and the matters
currently under consideration by the City (review Exhibits O ' P).
0
TO: Walter R. Benson
FROM: Jeanne A. Mabusth
DATE: September 9, 1981
SUBJECT: #643 Bruce Curtiss, 1920 Fagerness Point Road -
Variunc:e
Zoning District -• LR-lC
Area - 21,780+ sf
A�njlication - Variances for new garage + new driveway
and removal of existing garage and paved
area
a) Hardcover Variance 0-75'
allowed = 0 sf
existing = 3,955 sf�
proposed = 2,2:4 sf - 3� Qa3 4q
or
variance
re uct'on ..,dcover = 1,741tsf
b) Lakeshore et ack
required = '15'
existing = 5'
proposed = 25'
variance = 75'
c) iconat (street) setback
required = 30'
existing = 19'
proposed - 20'
variance = 10' or 33.3%
Planning Commission Action - to approve the hardcover + setback
variance but to deny street setback
variance - turnaround had to be
provided on property.
List of Exhibits
Exhibit
A
- Application.
Exhibit
B
- Property Owner's List
Exhibit
C
- Survey
Exhibit
D
- Plat Map
Exhibit
F
- Hardcover Plans
Exhibit
F
- Building Elevations
Exhibit
G
- Curtiss' Letter
Page 2~
Curtiss proposes the construction of a 3 car garage and new
access drive and the removal of the existing garage and the
extensive paved area. The proposal will result in a reduction
of some 1,741 sf of hardcover. The new construction will be
located further from the lakeshore. A 30' street setback is
required for the garage from the edge of the street right
of way to satisfy the setback standards of the LR-lC zoning
district and to provide adequate turnaround for all garages
where doors open out onto street. Applicant notes that
the actual travelled road will be 37' from the proposed garage.
Fagerness Point Road has a 40' right of way, staff would not
recommend any encroachment of that right of way. Turnaround
must be provided on property. The proposed garage must be
setback 10 additional feet off the road right of way. Applicant
may be advised to face garage doors away from street and
remain 20' off right of way. Council would have to approve
a street setback variznce of 10' or 33 1j3 % for new garage.
Please review Exhibit G, Curtiss asks for special consideration
of Council to allow existing garacre to remain until new one
is completed.
Please review Planning Commission minutes of August. 17, 1981,
for background and recommendation.
Staff recommends an addition to Planning Commission's
conditions of approval:
3 - Surveyor must certify street setback of new garage
prior to construction.
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MINUTES OF THE PLANNING CO*WISSION MEETING OF AUGUST 17, 1981 Page 6
Goetten moved to approve the commercial site plan of NORDBLOM (CONT.)
Nordblom & Associates subject to the following findings:
1 - Adequate sewer and water to sc ve the proposed
facility.
2 - The commercial Lots 1 & 2 align with the commercial
B-4 zoning line - all proposed commercial improvements
on the site meet the required setbacks from the
.:esidential zoning district to the west.
and subject to the following conditions:
1 - Access permits will be required by the Hennepin County
Highway Department for access to commercial site and
for shared access to be expanded for driveway to .-es-
idential Lot 3.
2 - Prior to issuance of building permit - Lots 1 & 2 must
be combined.
3 - Owners of Lot 2 must grant a new driveway and utilities
easement in favor of Lot 3.
4 - A loading berth or loading area must be designated on
final plan to be presented to Council.
5 - Landscape plan approved per plan dated August 6, 1981.
6 - Approve site plan dated August 6, 1981, noting all
setbacks and 41 parking stalls.
7 - Temporary erosion control plans required during
construction.
8 - Only 1 access to serve commercial use.
9 - A 10 ft. buffer z=rea to residential property to
the rear.
McDonald seconded. vote: Ayes (3), Nays (0).
Applicant was present. There was no one from the audience �BRUCE CURTISS
to address this application. 1920 Fagerners Pt.
Variance
Jabboui noted that the application would bring about a far #643
better environmental condition since the old garage and
t:,P L- Fisting aa,,ing to be removed is located closer to the
so-rei-ne. The new garage will be located closer to the road
but it mu:.t provide adequate turnaround on the property.
Curtiss noted that the traveled road is 37 ft. from the
front of his proposed garage but that the actual right of
way is 20 ft. Applicant explained that they would be
decreasing the hardcover i700 ft.
y+,
Y
MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 17, 1981 Page 7
Apr"^ant was advised that the existing garage would have to CURTISS (CONT.)
be removed prior to issuance of a building permit. He stated
that the garage was 50 years old and that it would be in the
middle of the new improvements and it would not be logical
to ask for special considerations to keep the building.
Although he does ask that the building be kept for storage
purposes just until the new garage is completed.
Jabbour moved to approve Curtiss' hardcover ani setback
variance application subject to the following i.ndings:
1 - Encroachment into 75' lakeshore area would be
reduced.
2 - Reduction of approximately 1700 sf cf hardcover.
3 - Future proposed improvements would be located
further from the lakeshore.
4 - Aesthetic improvements and would enhance t1le.
entire site.
5 - Hardship is the narrowness of the lot.
and subject to the following conditions:
1 - That adequate turnaround be provided or the
property.
2 - Staff to make recommendation as to the best time
to remove existing garage.
McDonald seconded. Vote: Ayes (3), Nays (0).
Dorothy Forcier and her realtor, Mr. Cassidy, were present. DOROTHY FORCIER
Mabusth stated that a complete set of septic testing would 4780 North Arm Dr
have to be completed before a determination could be made Variance j
concerning the proposed new construction. 0645
Goetten noted that this is .4 acre lot in a 2 acre minimum
zone.
Jabbour stated not only would you have to relocate the
house but fjnd additional area for a well. You will also
have to met.. a 75' soparate setback between well and septic sys*em.
Jabbour's opinion was that the proposed construction was much
too ambitious for this size lot. The existing house is
24.4' by 28'. He stated that the new house should not
be increased; the square footage should be the same.
Forcier asked i" the new house would be 24' x 28' would
that be ok7
Jabbovir moved to table Dorothy Forcier's variance appli-
r, -in pending receipt of a complete set of septic tests.
(, . .ten seconded. Vote: Ayes ( 3) , N.a)is (0) .
comments from the public present.
anne Mabusth, Zoning Administrator, reviewed
e application of Alden Anderson, 1900 Shoreline
ive, for a variance with the City Council.
IAnderson and his attorney,Mr. Thorfinnson, were
ent.
y & Van Nest moved, nurr seconded, to table the
que : for a variance of Alden Anderson, 1900
oreline Drive, and to request staff to research
rther information regarding, 1) lake levels
om 1948; 2) history of taxes prior to 1974;
review other resolutions that denied lot
ea and width applications. Motion, Ayes (4) -
ys (0) .
1 J
PUBLIC COMMENTS
VARIANCE
1900 Shoreline Drive
#635
Alden Anderson
sanne Mabusth, Zoning :administrator, reviewed with SUBDIVISION
e City Council the preliminary subdivision request 336000 Togo Road
John Watson, 3500 Togo Road. 39
John Watson
yor Van Nest moved, Butler seconded, to approve
e preliminary subdivision request of John Watson,
500 Togo Ruad, per the Planning Commission
ecommendations of August 17, 1981 and to include
additional 5' of right-of-way along Togo Road.
tion, Ayes (4) - Nays (0).
anne Mabusth, Zoning Administrator, reviewed with
e City Council the preliminary subdivision request
Lachlan Reed, 1500 Brackett's Point Road.
. Reed was pr• sent.
:urr moved, Butler seconded, to approve the pre-
iminary subdivision request of Lachlan Reed, 1500
rackett's Point Road, per the Planning Commission
•ecommendations of August 17, 1981, subject to the
optic system for the guest house and pool are to be
:ompleted prior to final plat approval. Motion,
yes (4 ) - Nays . ) .
ranne Mabusth, Zoning Administrator, r^viewed with
e City Council the request for a variance of
uce Curtiss, 1920 Fagerness Point Road.
. E, Mrs. Curtiss were present.
?aurus moved, Butler sc-• Zded, to approve the request
[or a variance of Bruce rtiss, 1920 Fagerness Point
Road, per the Planning Commission recommendations of
ugust 17, 1981. Motion, Ayes (' - t ays (0 )
SUBDIVISION
1500 Brazkett's Poin�. Rd.
#642
Lachlan Reed
L,4*ARIANCE
1920 Fagerness Point Rd.
1643
Bruce Curtiss
a —tea.
nM Office k4on 6beCr"•1.11 Ita%, himn.—t.� '-1_.tsMunuipnl Wfives
Trh•phune 47.4 -W
TO: Bruce & Camiile Curtiss
1920 F'agerness Point Road
Wayzata, MN 55391
Copies to:
Meeting Date 9-14-81�
Notice Date 9-15-81
X Variance
Conditional
Subdivision,
Subdivision,
Use Permit
Preliminary
Final
,* ** �Y•'k •�-*sY •« *-k � :�•�•d; �'r* k�Y•k k :: �k :Y-�• *s'c�k�Y :'::Y :?sY :Y :Y�Y�Y :Y k*�k :'; sY*�Y�k�Y�F**•fir irk k•k�1r*,k* k *�tc**�k�F ar-k��k�k*�Y*ylr �klc* i
COUNCIL ACTION Vote: _4 For Against Abstention
MO ON to approve the hardcover, lakeshore setback and 10' street setback
' variances for your proposed 34' x 35' attached garage based on the_fnllowi ng
Ifindings: 1) reduction of approximately 1700 sf of hardcover? 2) proposed
improvements located further from lakeshore; 3) the garage located with doors
facing out to street will allow the complete removal of existing gravel area;_1
4) Fagerness Point Road is a dead end road receivinc
subject to the following conditions: 1) turnaround provided nn the pry artFy
2) application to work with staff in regard to complete removal of gravel are
and the restoration of that area by seeding or so
has asked staff i
* *•'k;:-'rat•+. *-'cs'; �k�k* :'.-k :': •.'.mac ** s!-�^ *•k ::-* :': ******�k�: s: �k*�Vr �k�::^*-�^!c-!c *:Y ;': �t :'; :': •t.-k�• �-�k•.".-': ;`.':': � :Y*�k 1: *tk�k9lr**z
DEADLINE DATE Septemtcr 14, 1982
for sl•bmittal of new Information (application may be con., '_dered
formally withdrawn if information or explanation is not provided).
_ for Work Permit for work to begin for work to be
application completed
WDRK PERIMITS ARE REQUIRED - contact Building Inspector before beginning
work.
X VARIANCE APPROVA?. is limited to the extent shown on approved plans.
Do r.ot change plans. Variance authority expires one year after approval.
CONDITIONAL USE APPROVAL expires upon change of ownership or use,
or on deadline date specified above.
PRII-.IMINARY SUBDIVISION APPROVAI. - Applic-ant must provide al'. information
and/or improvements required for final app-oval. Co►►tact Zoning
Administrator.
FINAL SUBDIVISION APPROV/'i, - Applicant must have drawings, resolution
and all other required cocuments recorded, with certification of such
i
recording returned to the City by deadline date. _
Certified copies of official +City Cc►uncil Minutes�rr><>Iy be obtained by
critirartlnp the Cttv Clerk. Allow at lc:lst three weeks from meeting date
. tinc} llowing tiv� stru-tur... •-o romain curing the
L r ^u u: _ _ :: t: action of ncv►
CITY of ORONO
Pest Office Box GG•Crystal Bay, Minnesota W)323•Municipal Offices
On the North Shore of Lake 11 tinnetonka
October 24, 1984
Mr. Bruce Curtiss
1920 Fagerness Point Road
Wayzata, MN 55391
Re: Fill placed within 75' of lakeshore and within 26' of wetland.
Dear Mr. Curtiss:
An inspection on Wednesday, October 17th, 1984 revealed that fill
has been placed within 75 feet of the lakeshore and within 26' of a
designated wetland.
This fill is in violation of Orono Municipal Code Section 10.55,
Subdivision 8, which reads:
Subdivision 8. Development Restricted; Prohibition.
Except as hereinafter specifically permitted, no filling,
grading, dredging, excavation, hardcover, temporary or
permanent structures, obstructions, septic systems, well
or other construction shall be allowed within the Flood
Plain and Wetlands Conservation Area; nor on any lands
within 26 feet thereof; nor on any land within 75 feet of
the ordinary highwater elevation of any lake shoreline,
nor on land abutting, adjoining of affecting said area
if such activity upon those adjacent areas is incompatible
with the policies expressed in this Section and the
preservation of those conservation areas in thei- natural
state.
I am writing this letter to inform you that the fill must he
completely removed within seven (7) clays or citations will be issued
to you and to the excavator and the matter will he turned over to
the City Attorney.
Nl 11111%4 ! /II%IY1, Vi ' \ II��� A I I� \�l 1 1 ! ' 1.� • PI kl It NtIkA-' 4' t ' 1`v
Mr. Bruce Curtiss
October 24, 1984
Page 2
In reviewing your file I note that the existing detached garage
was to be removed when construction of the attached garage was completed.
The detached garage must be removed as soon as possible.
Please contact me if you have questions on either matter.
Sincerely,
Michael P. Gaffron,
Assistant Zoning Administrator
MPG/tln
cc: Jeanne A. Mabusth, Zoning Administrator
Thomas Jacobs, Building Official
Don Messenger Excavating, Inc.
Enc. (9/15/81 notice)
T
CITY OF SPRING PARK CALLED -IN
DATE TIME
INSPECTION NOTi%E
SCHF.OULED
PERMIT NO.
COMPLETED
`� ' /�' • 1 G ��''
ADDRESS (c%'G'
f14C.rl-;�-:��
OWNER
CONTR.
TELEPHONE NO.
—
❑ FOOTING
❑
PLUMBING RI
❑
SITE INSPECTION
O FRAMING
O
MECHANICAL
❑
EXCAV !GRADING/FILLING
O INSULATION
❑
WATEH HOOKUP
❑
LAKESHORE/WETLANDS
D WALL BD
O
METER SETITURN ON
❑
LICENSING
❑ FINAL
O
SEWER HOOKUP
0
COMPLAINT
O PROGRESS
O
SEPTIC INSTALL
❑
FOLLOW UP
G OEMOL
❑
SEPTIC MAINT
O
SEPTIC FINAL
0 FIRE PREV
O
WELL TEST PUMP
O
COMMENTS:
c� C_C)(V S—r .'_Ij
n. i 1 C TC'7J
Uj
Q _ RfC 1f-Ptt CJ PHOTO TAKE P)
�J ORNFCT WORK 6 PROCEED
VJO CORRECT WORK CALL FOR REINSPECTION BEF- ORE COVERING
❑ CORRECT UNSAFE CONDITION WITHIN HOURS INSPFCTOR WILL RETURN
n STOP ORDER POSTED CALL INSPECTOR
* INSPECTION REQUIRED CALL TO ARRANGE ACCESS
call for the next inspection 24 hours in advance. _-._
Owner/Contr. on site
Inspector *_ . 473-73S7
Whue CoPY%InWec►o. % Fat (Jol!+ L"41y S-t• to"T ..
I ill I(Y"N"
f-Ji ) the following do not object to the privacy fence located at 1920 Fagerness
Point Road and hereby petition the City of Orono to allow said fence to remain as
Tconstrected.
SIGNATURE ADDRESS
ro
C-4
.ice
�T
&4"f
e 4.c e 2117 LI-re,-,e Xe,f
qLG� I/ � ��d-C f l-� '��� j /L�fr,a-ma's L <s .
Ar 4r-k—
� .�.� f�._ .t-..-f!,rZ �- �.�:% at-�- ��rc9 _N��'..xf�c. ,td�t=�u� �
' ' L%7,, ^^ L rLf-i..- �!� �VVVV tf C-C.(J-� -� t� •C/ �� t �, `ZO .t...� �
X�r
4 L �ee z -eel
ee -f 4
-
4(� et
k
CITY of ORMNO
Post Office Box GG•Crystal Bay, Minnesota " Z3•Municipal Offices
On the North Sh.-►re of Lake Minnetonka
September 11, 1987
Camille Curtis.
1920 Pagerness Point- rd.
Wayzata, MN 55391
Dear Mrs. Curtiss:
Please contact me at your earlist convenience so that we may
discuss your application before the Planning Commission at their
September 21, 1987 meeting.
Application i643 has been scheduled for reconsideration per
the attached agenda.
Sincerley,
J nne A. Mabusth
cc: Mark Bernhardson, City Admiii s!.rator
IRIn. I1tNG A 1()NiNG - 111.1pilot tt' %(Hta i - 4711)59
ASUSSING
A —
MINUTES OF THE PLANNING COMMISSION MEETING VELD SEPTEMBER 21, 1987
#1201 8ILBELINK/VOGT CONTINUED
In response to Bellows' concern, 'Zoning Administrator
Mabusth stated that the City Engineer and MCWD will be
1 reviewing the actual defined wetland area.
t9#64203 TRUCE 6 CAMILLE CURTISS
AGERNESS POINT ROAD
ONSIDERATION OF VARIANCE APPLICATION
Zoning Administrator Mabusth explained the issues
involved: 1) Providing a turn -around required as a
condition for variances approved by Council on 9/14/81;
b) allowing a 6' privacy fence that was constructed
without Council approval and according to staff
partially in the City right-of-way.
Camille Curtiss was present for this matter and
contended that they have no objection to installing the
turn -around but believed that the City was opposed to
the turn -around because it would result in more
hardcover.
Planning Commission and staff noted that based on the
documentation from 1981 provided, the turn -around was
required.
Planning Commission recommended end Mrs. Curtiss agreed
to installing the turn -around.
Regarding the remaining issue of the fence, Mrs. Cuttiss
stated she was unaware that an additional permit was
required for the fence and questioned that the fence was
partially in the right-of-way. She Loted that no
further construction has been done on the fence since
the City's stop work - -r�er posted 9/11/86, but it is
essentially complet ,he submitted a petition from
her neighbors stati: v have no objection to the
fence. She stated t e fence is needed for the
safety of children.
Zoning Administrator N. noted that in the 3.981
review, the narrow depth the lot and minimal grassed
yard area was discussed. There was no discussion of a
fence found in the review of that application but it is
applicable in the application fo econsiderntion.
Chairman Kelley suggested .-hat a shorter tnan 6' fence
could serve the safety and privacy concerns.
It was moved by Cha i rm An Kelley, Seconded by fianson, to
table this matter pen,?ing an official survey to
determine proper fence iocat ion. -,tion, Ayes 6, Nays
0.
4
Plat cF Survey
fcr Gera? J L. Stngeberg
In Lct 27, FagernAss
Farr.-irlp Ccur-t7, Mlnr_-ssots
1 " - 6C
1C*-13 10
JucA l- a.1 1 endm r,-
Corti ficete of Survev :
S hereby certify thPt thi.11 is a true
representation of a sume}• of the bov
that Fort of Lot 27, FaFern,-�ss, lying
of a line dese -d as follows: Commer
on ih— SoutheRl. -Y line of Under-The-r
which said point .. marknd by a judicial
Flat of Survey
GerAld
Lct 21, � AuRimess
pin Cap AY, Vannesota
a&
it,
M.o f
Certificate of Survey:
1 hereby certify that this is t
representation of ;3 survey o: th
th:ct part of Lot 27. Ferernees. I
(-J
To: John R. Gerhard!r-)n, Public works Director
From: Jeanne A. Mabusth, Building & Zoning Administrato:
Date- . �:tober 28, 1987
Subject: #643 1920 Fagernes 'tint Road -- Bruce Curtiss Residence
The resident has compla., . that the City ha•3 cut/trimmed trees and
shrubs located within their property lines.
Secondly, the owner has asked the City to respona the issue of the
encroachment of Fagerness Point '.:c,id c•;er their platted, torrens property.
The owner has submitted two f,,:tiibi, for consideration of this matter - see
attached.
Staff will schedule the Curtiss' variance apn'ication before the
November 9tn Council meeting. They seek an answ ar tc. )oth issues at that
meeting. Please advise me how you wish to proceed on this matter.
cc: Mark E. Bernhardson, City Administrator
Y
66 MINNESOTA SUPPLEMENT for Modern Real Estate Practice
TITLE EVIDENCE
In most rea estate transactions that take place in Minnesota, the seller i;
required to furnish evidence of his or me, good title to the property being
sold. In Ainnesota, the abstract of title, or registered property abstract,
and attorney's opinion, as described in the text, are usually acceptable
evidence of the title. The "chain of title" in Minnesota can be traced to the
original land grants by the U.S. government. The purchaser's attorney prepares
an opinion of the title or ownership rights based upon this hi.,tory of recorded
documents affecting the title.
Title Insurance
In sume cases, title insurance is used in Minnesota because of the greater
protection it offers potential real estate buyers. The text discusses title
insurance policies in detai,.
(Torrens System
The Torrens system of land registration, wi•ich s generally described in the
text, was adopted for use `.n Minnesota in 1905. The terms Torrens property
and registered property are used interchangeably, although the origiriaT statute
uses the term registered land. Registration of land'(which should not be con-
fused with recordinq a deed or other document) creates an absolute (judic;al)
determ`.nationo of status of the title as to the time of the registration.
Registration. Any real estate owner can register his or her property under
e Jorrens system by filing an application with the district court in the
county in which the property is located. The court will refer the application,
to an examiner of titles, who searches the chain of title and all factors that
could affect its validity. The examiner then files a report with the court,
recommending the persons who should be given notice of the proceedings.
The court issues a summons directing all persons who have or claim to have an
interest in or against the real estate to appear at a special hearing. At the
hearing, if the court finds that the applicant has a title proper `or regis-
tration, the courl. m-.11 issue a •�•-cree confirming the applicant's title and
ordering its registration. The decree is then registered with the county
recorder (register of titles), w0ho will retain the original and all subsequent
ce-tificates of title.
An owner of registered property recei-es an ownc 's duplicate certificate of
title. This duplica; certifi=ate muse ',e presented to a buyer as title
evidence upon sale of ,roperty. A purchaser of such property r,ls• register
both his or her deed and the duplicate certificate with tree reg rar. The
registrar will cancel the ^ld certificate and issue a new certificate in the
new owner's name.
Registered Litle protection. According to Minnesota law, title to registered
roperty can never be acquired by prescription or through adverse possession.
Tso. an,; court jurj�nent against an c.w^eror reklstere9 f op 1- cnuf a tier
against that prapert; unless a certified copy of the judgmet, ^egis red
on the certificate of title. This gives an owi•er of register. land odd,`
protection against third -party claims.
$r 508.01 _ -� CONVEYANCING. REGISTRATION
�, C1IAPTER 508. CONVEYANCING, REGISTRATION
section Section
308.421. Surrender cf duplicate. exchange cer- 508!135. Disposal of canceled duplicate certifi.
Lficate. ates and receipt cards.
508.SM. Mortgage securing revolving line of 508936. Disposal :if certain aff:dacha
credit notice 5W 84. Instruments of encumbrance, �upos-
-06.671. Deternunaror, of boundaries. al
Rules of Civil Procedure
Thu ei..rPier is r- • fed from the Rules of Citril Procedure governing the
procedure in the dL -f courts in all suits of a citzl nature, elective Jan. 1,
195° insofar as it :; incorstisterl or in conflict with the procedure and
prcr!ice provided by the Rules. See Rule 81.01 and Appendix A.
Cross References
Registration without court proceedings, sce
3 508A 01 et seq
i08.01. Regi3tration
Law Review Commentaries
Encumbrances, reference to recorded plat as a
.,otmg where title is registered. Jan. /95.3, 37
Minn. law Review :
Konantz, Koeste '. .'rossan, and title to Tor
'ens property 197;% : Wm. Mitchell LRcv 59
Minnesota tax title. 1974. I Wm. %Ctzheli
.Rev
-
Original Indian title, existence and extent of
aboriginal ownership as a relevant issue in title
examinations whenever a chain of title is traced
ark to a federal grant or patent Felix S.
-ohen. Dec 1947. 32 Minn Law Review 28.
Possessory title registration: Improvement of
Torrens system 1985, 11 Wm.'ditthell L.Rev.
M
Recent amendments simply Torrens title pro-
cedures. Richard W. Edblora. July—Augu6i,
1976, 44 Hennepin lawyer 22.
Notes of Decisions
3. Construction and application
In Minnesota registration of title under Tor-
en, law involves an in rem judicial proceeding
to quiet title agas'ist all known or unknown
persona Sean Roebuck 6i Co. v. Stockwell,
J.0 1957, 143 F Supp. 928.
Under Minnesota Torrens Law for registration
of title. by decree of state court a certificate of
title is issued and one who deals with property
need take notice, presumably, only of those
claims on property which are noted or memorial-
med on certificate Id.
The purpose of the %brinesota Torrens law is
to establish an indefeasible title free from any
Library References
Records 4-9.
CJ.S. Registration of Land Tide- ; t et se.;
and all rights or claims not rr d with um
register of titles, with cert cept.nru, so
that anyone may deal with sucn property with
the assurance that the only rights or claims of
which he need take notice are those registered.
U. S. v. Ryan. D C.1954, 124 F Supp. 1
The basic pnncipk of the Tort •ns system is
the registration of the title to the land, instead
of regis:enng, as under the oA system, the
evidence of such title. id.
Evidence, in proceeding on application for ins
tial registration of title to real estate, supported
finding that defendant had no interest in the real
estate Schaefer v Halfman, 1972, 293 Minn
414. 198 N.W.2d 288. appeal dismissed 93 S.CL
520, 4479 US. 1031. 34 LEd.2d 01, rehearing
denied 93 S.Ct. 958, 410 US. 418. 35 LEd'_d M
Rules of Civil Procedure apply to proce
for registration of title to land unless rc'
inconsistent with statutes relative ther•t.
Rule of Civil Procedure relating to intervc.
in civil cases governs applications for uiterven-
Uon it proceedings for registration of title to
land except where inconsistent or in conflict with
statutes relating thereto. Application of McDan-
iel, 1960. 257 Minn. 79, 100 N.W 2d 497.
Under this section, an application may 4e
made and a proceeding conducted by one person
in behalf of another. Op.Atty-Gen., 374-1, Dec.
22, 1949.
Under this section, if a proceeding is Conduct-
ed in name of an attorney in fact as such, he
must show name of real party in interest. his
own name, and by what authority he acts Id.
4. Registration prtoceed.rip
In proceeding for regtstrat.on of title under
Torrens Act, where applicants had a valid -ecord
title and defendant failed to prove that he had
CONVEYANCING. REGISTRATION
title by adverse posxession, it way immaterial
whether the apphoants made out a, adequate
ca-se of title by adverse i os%.n Lion Miller •
Martin. 1961. 259 Minn i77, lip, N.W 2d 549
in Torrens title regrctravon prtxeet:.a•g, court
has no power to grant a defendant affirmative
relief and hence cannot det-rmine claimed af-
firmative rights as between defendants so as to
iecrc•e Utle in one or rr,re of them or order
registration of tuch tide as to ary parcel of
!ands involved State v Minnesota Power a
Light Co-, 1956, 246 Minn. 23.5. 7; N W _d 8M6-
General rules that guvern prxcdure in ordi-
nary civil actu:n apply to t.tlr regstratio-i pr.
4 SM.02
Nofs 4
trvOings LrAer statute. Unless s;:ch statute pre
vrles 'herwre In re Rdiw!'a iatate. 194) 25
Stint. 3M N W 2d 7a
10 iMor tares and liens
Fact that nt:wr of l.,a fled by r',ollrctor of
Interns! Revenut dt, not rentarrt description of
tatpayer's Minnesota real state And t?rercrrre
was ro,t crtiL'e1 urn!er kxxf 'crrena stat to to
be nr-trl by reguUri of deeds as a memonal
aga:nst tit. - cn n gt ;'ry for the pr ;.rrt y did a.A
:nval.date r.mk:r of . e n 1' S Y Kiin:uson,
C A 1 KA..- i F :a 'i 14
50M.02. Kegistered land subject to same inciden.s as unrcgn
excepted tered; adverse poaesat aios
Notes of ne'inons
t ve"r possession 3
Ea.rmentt 4
Rrgim'rau,m par •ediag S
1. Construclinn and application
In proceeding for regntrabun of attic undo r
rrens Act, evidence suppo iced tnal coil , s
:a: ;u:..on that defendant had not acquired l.t`.e
by adverse possess on. Miller v Martin, IW,:,
.>> Minn 177, 106 4 W 2d ' 49.
A road or a strict could be dedicatd by ata' t-
tor, user pursuant to M:nnesn4 SL-.tutes 1945.
i 160 19 (see nf.w; 160 05)de:;pitr title regutra
ton pn,cecdmgs :,ad during the time of the
Construction of t`• —ad, and there would be no
conflict betwee. Minnesota Statutes 134.S.
¢ 160 19 and tha section Cep Atty Gen, 3%g-4,
July 23. 1959.
2. Mortgages cid liens
Fact that notice of lien filed by GGliecti r of
Internal Revenue did not contain descripticn of
taxpayer s Minnesota real estate and therefore
was not ertide.f .:rider loss! Torrers statuW to
be noted by register of deeds as a meruraf
a;±ainit title on regi try !or the proper►v di! not
tn.afidate notice of lien U S. v Kasmuu.n,
CA 253 F -d 444
3 Adverse possession
Oaoa a title is registered, it is iminossLW these.
aftar to acquire talc to the registered land by+-
holding adversely to the registered otrov. Ko-
nantz v. Stein. 1969. 'v"33 Mina. 33, W W 7d 1
Mince land .s registered, a >.tranCt the tit'e
can. of acquire an interest in it ba-.ed on his
continued po-s_cession or use Id
if a person is in possesson of realty wh:c-i he
has come to own either by wiverse po%scssio.i or
Practical location of a boundary tine. he is enti
tk•d to notice and opportunity to ne hetri in Utle
FT, ton pnrrrlmgs. and term in suet. pro
ere: nthout x ch stoup and opportunity to
be r.�. does at extinRunh his Interest ld
The rontinued adverse possession r.f a pwm
of :.at r tare trxluded by description n ut:e
rig':=traUar proceedings gives mice to the
*Orin of etch of poaseaWes nghts as had rria
enrd : nto t :le befare ertry of the decree
regLcratir n, and hears one purchasing r►,
csterod title anti k-5owtedge of adverse pose"
lion •.f d:sp:utrd strip cniild not de!eat -!a.=. cf
adverse pr:sses; ors if it had ripened tarn 7t:e at
rf_T^;ratty:. proreed.:zzq were commenced-
4 . F,asetments
l)edt^atu%n. by Jefene.r is prederv2sor ; f Im
vats ea --'ewer.: L'iat w;.s misde .e retur, for r:•'t
vacat.ng par: cf 1"at•air alley arty :hat included
"ail That par. 0 tots five and six" znd of ashy
"therein s', vacatrd which lira within a feet cf
crater of a1iry as engina.ly Laid out and trtatted
through art! irrrss sate block" included only
part of lots i.ve and sire and irilry aprtirtenart a.a
it and 1i d not hive easement arri,3 entire .etgth
of Dock in which a.•feneiant s predecessor _`..
dedicator had so" tr.terest and easernr ,t
therefore did not ;.,..r dn.eway that wis w-d
by t: iamt!ff and '.`.at was not on lots five or 3:x
,. 1 61 pia:::t:fft use cf :be dnvr-
wo-y Moore v ifeunckaer. 196:. __, M sit itr9
! b .24 209
Where do ; rede+ressur ubturw,! r -ris
trst:.in decree that was owner -f area r:nrred
by driveway Awl ..era between driveway and
s-:ut.h ^dge cr adInntre property and preserp
Uve easernert :o use dnveaay which had been
rbtAlncd by p!amoff was not rreortrj or. last
r,-r'.iftcate of t:t1e .n cf!, r of r-ig7strar. defend
ai.t wa3 rot subyect to the easement ankss !te
did not purchase in good faith Id
Where claimant of easement by prescription
has shown open. vis,ble. cotttinuous and ua•s►
150
,n~SA--4
t9ar P P
151
I
r.07.. 7 L
0 508.01 1'I101'ERTY INT
1 rote 10
Ity. Co.. M Minn. 534, 24 N.W. 19n;
r \\'ncs T. Stnith, 31 Minn. 304, 25 N W.
'ti. In view of tine history of these
.Jws it would be an unJnstillnble per.
version of legkiathe Ilcut am a
t tol,.nt Iistortioll of meaning of
n cots to bu!d that the tcrtus 'nev
tie n uvrin land' do not Include the
lien at tb,• state for laces
"ll, • state further eontentls that
sMti ,n 13, c. XF5. p, 459. Cen.I t+vs
1!a In.,+1• ¢ ,051131, Is '.perial iegia-
lation prol"bitcd by C'onsL Minn. art.
4, f;' :'3. a; ihr Cla-Meati-in by
counties harlug orc•r 75,000 Inhabit-
:rrtt�. for the p>arpnse of the section
not b, h,g Ini-d ulr,n any n.1toral
n•n ,•n or pul•lic policy. but is a
""•r,•!y nrbitrary c•la•.sificat;nn! In
,+ipp,rl, crntn,et Cite Duluth l:ankii:_-
t'o. r. K,,,•n• fit Minn. 4!10. 'NI N.\C.
X'5: State r. \1':,I1:, r, &1 Minn. 29q.
Sl N.W. 103. Nicols T. Walter, .^.7
]lion. 271. 33 N.\\'. 500. geclinn 13
,: taerely a part of the preevnl Tor.
rr•ns ln%v, viz, chnpter 305. It is
,:ot a separate or IiWelx•ndent enact.
"tent. It Is an incidental feature, de-
+rnrd ;n st in the effective ex•
oti-n of the general Torrens plan.
Its II,n-tirlrtinnalily is not to be de-
Irrium-I indrp,eudently, but rests
"Pill the validity of the law as a
a hr4e. It is a mete branch of a
tree, and depends for Fuppurrt up,tn
the nonndnecs of the trunk nSld the
r-wts c•t the free iLself. In State v.
:rctfnll, Ili Minn. 437. 434, 4X). Si
:-W. 175. 99 Am.SLrtep. 571. 57 L,
rt.A. 297. this court held that the
law prorlding for the Torrens sys.
tem of registering land tlUes was not
unconstitutional, because the c1:ts-
uicication of counties according to
population for the purpose of tine act
is unauthorized and In contravention
of section•: a3 and 31 of article 4 of
the Ftate Constitution. The question
is therefore not Iouger an open one
In this state. The late Itself being
FMESTS AND 11FNS I'a,rt 2
constitutional, this sulw-llnate part
Is croustitutlunal."
11. Leases
Where It was earerd lltat n Icasc
would be Given and the Gam of lease
n:m aRrtr,l up ul. but Ito lrase tvas
ever executed, llte t•outract was prop
erly descrilnd In n Torren, registrn.
Lion suit its a contract for lease.
Nilkey v. S. T. MciCnight C'.o., C.(,,%.
11137, t7 F.2d 9143, rerfl,warl (Irnie4
57 R.Q. 9'. •, aril U.S. G)7, at L.I1,11
Mri2 rehearing clomp,! 5R c CL 5. 30_
U.S. 7, 73. 82 L.Ed. L:19.
t� Unregistered rights or claims
Unrrzkt -reel quit.-lnlm dmtl of
Torrens I tie pri,wrfy from dcr,•n.l
not to plaintiff did Slot nRrc•t title
nor cren!e Intcreq In land, but a,
lmtvcrn parties thereto tvas efT.rlit,•
as contract. Cook v. Luettich. 1931.
191 Minn. G, 252 N W. Girl.
Tile Torrens Law lntrntls that all
titles remslered thereunder :.hail he
free from all unregistered rights or
claims exe,•pt Iltn-x specifically
named, and unregistered deeds or
contracts do not nRect such titles ncir
create any Interest In the land. lu
re Juran. MI, 178 Allan. 55. 220' N.
N. 201.
13. Appeal
An order denying motion for new
trial 1» land title mglstration pro
-
rcedlnG, which motion was based or,
&sound Ihat trial colic., after denial
of prior motion ',,r new trial upxu,
other grnuu.!, J In refusing to
permit ilka- a, without prejudice
before entry 4 final decree, was np
pralable.. Applicatloc of Mitchell,
194.. 210 Man. MR. 13 N.W.2d 20.
Effect of re„istration of title wall
not determined, In absence of appeal
from appropriate portion of ju,lg
menL Skala v. Llndbeck. 1927. 171
M.nn. 410. 214 NAV. 27L
508.02 Registered land subject to same incidents as unregistered;
adverse possession excepted
Registered land shall be subject to the same burdens and inci-
dents which attach by law to unregistered land. This chapter
shall not operate to relieve registered land or the owners thereof
Ch. 5" ('(1NVEVANCING AND RF:f:/CTrtAi'ION b y,00.02
from any rights, duties, or obligations incident to !ir growing out
of the marriage relation, - . from liability to attachment or. mesne
process, or levy on execution, or from liability to any lien or ch:!ra`e
of any description, created , r established Lp law upon the lard
or the buildings situated thereon, or tine interest of the owner in
such land or buildings. It shall not operate to change the laws
,.f descent or the -tights of partition bctwecn cotenants, or tl:e ri;,llt
to take the land by eminent domain. It shall not operate to re-
lieve such land from li-d,ility to be take: rc(,t:cred Ly any a,.
signee or receiver under any provision of lav, zrla;ive theretr), r:
shall not operate to change or affect any oil.-; rir,h;c, lrtrcfenr.
habilitic�, or obligations created Ly law and unrel--
iacrcd land except as otherwke eepres ;v 1 ^0 hr:sin jtip
title to registered land in ecmL*ation of that of the registered own
er shall be acquired by prescription or by adverse possession.
HlstOry and Source of Law
Derivation: P I I.::•. i ,.. • .171.
St1927. 1 f,"_11R L:ar. L'•r. 2.
41,•11.SLIMI3. ¢ f2tq
Grn.St1911, 1 C:G9. Prior Laws -
Cross References
Attachment, we i 57e o) et &I
De -went and distribution, we 1 525.13 et seq.
Eminent domain, Generally, Fce 1 117.01 et ru•q.
Execution, sec i N5101 et seq.
IIrnnestea,Is. see 1 510 nl et si q.
14erhnnfc•'s and n,ntcrlalmca'r. Ilene, we j 514 01 et ses
Partition, ace 1 W'901 et seq.
Prescription and adverse pocsr-Won, we j G11,02.
Law Review Commentaries
Conclusiveness of a Torrens eer- Torrens Act nr:en.t. 41 by I �n
tineate of title. Loring It. $lnplesi It)?1, C. Zi. Ilcc 1031, 10 M.an.
Feb. 1921. 8 Illnrr.i aw Iteview 21t11. Law Review 9L
i'ocsecslon not notice of unnegis.
tered Interest of ►,nvseccor. April
192M, 12 Minn.Law Review 551.
Notes of Decisions
Construction sad application 1 any interest to land. Tn re yuran.
Mortgages and fleas 2 1929, 113 Minn. 55, =G N.\t. 20L
Torrens, Law nt•nrtgatet rioctrioe of
1. Construction and appl' atlon constructive aotier, except as to
Unregistered deeds or contracts do mnuers noted on eenif9cats of U-Je.
Dot affect Torrens Wes nor create Id.
510
511
;)I
CONSENT AGENDA
TO: Mayor Grabek & Orono Council Members
City Administrator Bernhardson
From Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: November 4, 1987
Subject: #984 Joe Sawchuck, 4105 Watertown Road -
Variance- Denial Resolution
Attached is a 1 solution for denial of the variance to side setback
for construction of a horse barn, per Council's vote of 4-1 at the October
26 meeting.
PROPOSED MOTION: Moved by seconded by to adopt Resolution No.
denying Joe Sawchuk's application fcr side setback variances for
construction of a horse barn at 4105 Watertown Road. Ayes , nays
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION DENYING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.20, SUBDIVISION 3 (N)
FILE NO. 984
WHEREAS, the City of Orono is a municipal corporation organized
and existing under the laws of the State of Minnesota; and
WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et.
seq., the City Council has adopted zoning regulations for the protection of
the health, safety, and general welfare; and
vT"EREA- oe Sawchuk (hereinafter "the applicant") is owner of
the property located at 4105 Watertown Road within the City of Orono
(hereinafter "City") and legally described zr= follows:
Exhibit A, attached (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.20, Subdivision 3 (N) to permit the
construction of a private horse barn to be located l ss than the required
75 foot setback from the property line; and
WHF'PAS, the City Council has considered this application
including th_ rindings and recommendations of the Planning Commission,
reports by City staff, comments Ly neighboring property owners, comments by
the owner and effect of the proposed variance on the health, safety and
welfare of the community.
NOW, THEREFORE BE IT R$=nT.VED, that the City Council of the City
of Orono, Minnesota, hereby deni, he application of Joe Sawchu}: for a
variance to municipal Zoning Code tion 10.20, Subdivision 3 (N) for the
property legally described above uased on one or more the following
`findings of fact:
FINDINGS
1_ he property is locates: in the RR-1A, Single ramily Rural
Res, ntial Zoning District.
2. The keeping of horses it private barns and stables i.s a permitted
accessory use in the RR-1A -oning District under standards set forth
in Section 10.20, Subdivision 3 (M) 6 (N). Suddivision 3 (N)
Specifics Lhat no such private barn or stable structure shall be
located less than 150' f rom the nearest adjacent residence and no
closer than 75' f rc,m 0,e noarest lot ] ire.
Pagc l of 3
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _- - -- - --
3. Applicant's property has a width of approximately 192' and widens
to approximately 265' further to the rear. This leaves an area
ranging from 42' to 115' in width on the property in which a horse
barn could legally be located without the need for variances.
4. The allowable location for a horse barn without variances is
somewhat limited by the location of the existing septic system on the
property. However, the location of that septic system does not
preclude the construction of such a barn in a location than does not
require variances.
5. The Council finds that the location of existing horse corral
fences does not constitute a valid hardship Lhat would justify the
requested variance.
6. The Council finds t. he increase in distance between the house
and the barn, that would be necessitated by placing the barn in a
location that does not need variances, is not a valid hardship.
7. The Council finds that the fact that a barn located where no
variances are necessary would be screened by existing vegetation from
the house does not consitute a valid hardship.
8. The Council finds that the existence of installed under nd
electrical wiring to the general location of the requested pr-. ,..,sed
barn sit does not constitute a valid hardship.
9. The Council finds that the fact that the existing house is very
close to a side lot line is not justification for construction of a
barn directly behind the house and close to the lot line.
:- The neighboring affected property owner has gone on _record as
opposing the variance request, based on the potential of increased
run-off to his property and based on the visual ar.d physical ;proximity
of the barn and associated horse traffic near his property line.
11. The applicant has not proposed an alternative barn location which
wr%• i lessen the degree of variance requested or which would have less
of -n impnet on the neighborhood.
12. The property in question can ho put to reasonable use under the
conditions allowed by the zoning ro(ie.
13. The granting of the requested variance will serve merely as a
convenience to the applicant and i not neceesary toa1leviate
demonstrable hardship or diffict.ilt-.:.
r,
i
:k
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO.
147 The variances, if allowed, would have an adverse effect upon the
health, safety and welfare of the community for the reasons outlined
herein, and would be contrary to the intent of the Zoning Code and
Comprehensive Plan.
15. There are no special conditions applying to the land in question
which are peculiar to that land. The granting of the application is
not necessary for the preservation and enjoyment of a substantial
property right of the applicant.
Adopted by the City Council of the City o' Orono, Minnesota, this
9th day of November, 1987.
ATTEST:
Dorothy M. Hallin, City Clerk James R. Grabek, Mayor
Page 3 of
�7
To: Mayor Grabek & Orono Council Members k OJ�1Af"
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning ,. Zoning Administrator
Date: October 21, 1987
Subject: #1166 Richard G. Helstrom, 2895 Casco Point Road -
Vari.ance - Resolution
Application - Variances to hardcover acid average lakeshore setback to
construct a 2nd story deck onto lake side of residence.
Pertinent Facts -
1) Increase 75-250' hardcover from 45.3% to 45.7%;
2) Increase rverage setback encroachment from 4' pre-existing to 12'
proposed.
List of Exhibits
Exhibit A - Planning Commission Actio• notice of 10/21/87
Exhibit B - Proposed Resolution
Exhibit C - Memo and Exhibits of 10/14/87
Discussion -
The applicant removed his originally existing 81x22' (176 s.f.) deck
about a year ago because it was decaying. He proposed to replace it with a
screen posh and deck of about 820 &.f., both extending from the upper
floor of the residence.
At the Planning Commission meeting of 7/20/87, the Planning Commission
generally felt that the increase in hardcover from 45.3% up to 45.7% in the
75-250' zone was not a coa cern, but Planning Commission did table the
application pending a redesign to decrease what Planning Commission felt
was an excessive average setback Prcroachment of 251.
Applicant returned to Planning Commissior, with a revised plan on
October 19. The revised proposal omits the screen porch and reshapes the
deck to place it closer to the house, with an average lakeshore setbz!.ck
enci.;.3chment of only 12'.
Neighbor Jim Bowers, who had opposed the original plan based on it
reducing his lake v+.ews and creating a "tunnel" effect for his property;
has submitted a letter of non -objection to the revised plan. Bowers'
residence sits higi. .: than the Helstrom house, and Bowers notes, as your
site inspectiotl wil - onfirm, that his view will not be obstructed by the
deck as revised. The t.^ighbor to the west, E1 sen, has submitted a letter
of support for the or: final proposal and woult' rot ol) iect to the revisions.
At their October 19th meeting, Planninq Comm: ,s,L-r: recommended 6-0 to
approve the proposed deck as revised, subject to removal of a 1 4'xl2' (168
s.f.) block patio in the lakeshore yar', resultinu in a net increase of
0.4% hardcover in the 75-250' zone, or a n-f- increas, t rom 45.3% to 45.7%.
Staff Recommendation -
A resolution reflectinq the Planninq Commission recommendation is
attached For Council review.
APPLICATION NO. 1168
CITY OF ORONO NOTICE OF COUr'�IL ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 10/27/87
---------------------------------------------------------------------------
TO: Richard G. Helstrom COPIES:
2895 Casco Point Road
Wayzata, MN 55391
TYPE OF APPLICATION: XX Vzriance
DATE OF MEETING: 10/2,/Pl VOTE: Foi Against
COUNCIL ACTION - MOTION:
Council voted to to le a cotion since applicant was not present to
answer questions related to thr. :uilowing concerns:
1. Existing (new) play structure cc .structed in location of 12'xl4'
block patio. Planning Commission recommended that this patio be
removed. Pe: our discussion in m:d-August, you had intended to move
that play structure to the area near the street in the 250-500'
setback zone. The structure contains decking and is considered
hardcover.
2. One Councilmem-�n- felt that additional existing patio hardcover
(outside the propose,1 deck area) should be removed.
This item will be rescheduled for the Council meeting o�f,'
ovember 9,
1987. You or your represent ,t ive should attend this meetingi order to
address Corr--i 1's concerns I
If you desire certiflc-d c._, -.-s of the official Council minhtes, they
are available from the City Recorder or City Clary after �'eview and
approval by the City Council.
-
uNPa��C lUc11-3, lr.ICK
) f xt'v-oy'i�'
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43.1
'/..
ZONING FILE NO. 11.68
CITY OF ORONO Nc ICE LW i-LANNING COMMISS r ON ACTION
P.O. Box 6 t,
Crystal Bay, MN 55323 473-7351 : ate -if Notice: 10/21/87
----------------------------------------------- - ---- -----------------
TO: Richard G. Helstrom COPIES TO:
2895 Cast.o Point Load
Wayzata, MN 55391
TYPE OF W MICATION: XX Variance
►TE OF MEETING; 10/19/87 VOTE: 6 For 0 Against
c�1 -u:ir^g Commission rk ^wends the following:
kX Al oroval as re••ised, subject to removal if 168 s.f. (121xl4') pa*in
ai 1.
NOTES AND :; i '*71AL COND. -OILS:
Applicant . next: scheduled meeting is confirmed as:
c.'i ,r, r;tober 26, 1987; meeting starts at 7:00 p..
r� r ied conies of the official Planning C,,nmisuion
ailable from the City Recc .Aar after review and
,r t i,: iing Commission.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 & 2
FILE #1168
WHEREAS, Richard G. Helstrom (hereinafter "the applicant") is the
owner of the property located at 2895 Casco Point Road within the City of
Orono (hereinafter "City", and legally described ar follows:
The Southeasterly , 1.0 feet of Lot 110, SIRING PARK, except the
Southeasterly 20.0 ,• thereof.
Also the Southeast 20.0 feet of Lot 110, and Lot 99 and the
Southeasterly half of Lot 100, including all land lying between the
Northeast Iine of Lake Shore Avenue and Lake Minnetonka and bounded on
the Southeast by the Southeast line of said Lot 99, extended to Lake
Minnet:,.,ka and bounded on the Northwest by the Northwesterly line of
said Southeasterly half of Lot 100 extended to Lake Minnetonka and
including the vacated portion of Lake Fhore Avenue lying adjacent to
said premises, all in SPRING PARK, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.72, Subdivision 1 & 2 to permit the
construction of a second story deck which encroaches 12' into the average
lakeshore :setback zone where no encroachment i3 normally allowed, and which
results in an increase in hardcover in the 75-250' lakeshore setback zone
from 45.3% existing to 41).7% where only 25t hardcover is normally allowed.
Minnesota:
NOW, THERE?ORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This ap°.}lication was reviewed as Zoning File 41168.
2. The pi, ,rty iE located in the LR-lC Single Family Lakeshore
Residential -)ping District.
3. The Orono Planning Commission reviewed this application on July
20 and October 19, 1987, and recommended approval of the proposed
variance based upon the following findings:
A) The pi -iposed deck encroachment of 12' into the average
lakeshore betback will have no significant impact on neighbors'
vit..,ws of the like dues to Lhe topography of the site in rolation
to thr vievationr, of those neighborinq prc,tertiets.
Page 1 of 4
City of ORONO
RESOLUTION
NO.
13) The increase in 75-250'
minimized to an increase of
of a 168 s.f. block patio on
OF THE CiTY COUNCIL
hardcover on the property can be
4/10 of 1 percent ( 0.4 %) by removal
the lake side of the house.
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 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 appli^ant, but is necessary to alleviate a demon-
strable hardship or difficulty; is necessary to preserve a substantial
property right of tl,^ applicant; and would be in keeping with thf2
spirit and intent of the Zoning Code and Comprehensive Plan of the
City.
CONCLUSIONS, ORDER AND CONDITIONS
Erased upon one or more of the findings noted above, the Orono
City Council hereby grants a variance per Municipal Zoning Code Section
10.22, Subdivision 1 & 2 to permit the construction of a second story deck
which encroaches 12' into the average lakeshore setback zone where no
encroachment is normally allowed, and which results in an increase in
hardcover in the 75-250' lakeshore setback zone from 45.3% existing to
45.7% where only 25% hardcover is normally allowed, subjec4.. to the
following conditions:
1. Applicant shall remove 168 s.f. of hardcover contained withir: the
block patio located at the southerly corner of the house (see Exhibit
A Attached). Final hardc+_,.-or on the property is al lowed as follows
and per the hardcover work:..-*t attached as Exhibit L:
0-75' Zone . 9%
75-250' Zone - 45.7%
250-500' Zone Q 30%
2. Authorities granted with this r=solution run with the property not
with the applicants, but are permissive only and must hr exercised by
application for a building permit within one y^ar of the :late of
Council approval, or thin variance will expire on that (late (November
9 , 1988).
3. Violation of or non-compliance with any of the terms and
conditions of this resolution shall (,onstit.ute a violation of the
zoning code, shall Automatically terminate ary auttiority granted
herein, rind shall be punishable a-1 ,-% misdemeanor.
page- 2 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
4. The undersigned applicant have 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.
T,dopted by the Orono City Council on this 9t1j G,-jy of ":ovember,
1987.
ATTEST:
Dorothy M. Ilallin, City Clerk James R. Grabek, Mayor
Property Owners
Paqe 3 of 4
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EXHIBIT B
RESOLUTION 110.
HARDCOVER REVIEW
#1168 Richard Helstrom, 2695 Casco Point Road
0-75': 600 s.--. landscape bed w/plastic (pre-existing)
48 s.f. wood platform (pre-existing)
648 s.f.
Area of 0-75' zone = 6750 s.f. 646/6750 = 9.6% Allowed
75-250': 2548 s.f. house and attached garage
2520 s.f. driveway
160 s.f. concrete entry sidewalk
75 s.f. rock wall
876 s.f. landscape beds ;, ; lastic
30 s.f. rock steps
706 s.f. deck (new)
277 s.f. excess patio not ui,dEr deck
7192 s.f.
Area of 75-250' zone = 15,750 s.f. 1 9:/6750 = 45.7% Allowed
250-500': Area = 9450 s.f.
Existing Driveway = 2525 s.f. = 26.7%
Allowed Hardcover = 2835 s.f. = 30%
Ne* Available = 310 s.f.
To: Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning & 'Zoning Administrator
Date: October 14, 1987
Subject: #1168 Richard G. Helstrom, 2895 Casco Point Road -
Variance - Continuation of Publir7 Hearing
Application - Revised deck proposal.
List of Exhibits
Exhibit A - Revised Plan
Exhibit B - Staff Letter to Applicant Dated 9/21/87
Exhibit C - Letter From Neighbor Bowers Dated 9/29/87
Exhibit D - Planning Commission Minutes of 7/20/87
Exhibit E - Staff Sketch
Exhibit F - Memo & Exhibits of 7/16/87
Pertinent Facts -
The applicant has reduced the extent of his proposal to exclude the 3
season porch and to lessen the encroachment of the proposed deck into the
average lakeshore setback area. Please review the staff sketch (Exhibit E)
which shows the applicant's original proposal and' shows the current
proposal. Encroachment past the average lakeshore setback line for the
revised proposal is 12 feet, or 13 feet l-F,s than previously proposed.
Note also that the proposed deck, while it is at second story level at the
walkout side of the house, is at generally a ground level in relation to
the Bowers' residence, whose views would have been most affected by a
structure extending above that level. Note also that neighbor Bowers has
written a letter of non -objection to the revised deck proposal.
Hardcover in the 75-250' setback zone under the original proposal was
7,192 s.f. or 45.7% with the revised proposal ' 5-250' hardcover will be
7,368 s.f. or 46.8%. This presumes that the patios originally on the lake
side of the house will not be removed. hardcover in the 250-500' zone does
not exceed the 30% limitation. Note that applicant was advised to relocate
a play structure located on tLe lake side of the house into the street yard
in order that that structure not contribute to an excess of hardcover in
the 75-250' zone. Staff notes that the 14'xl2' block ratio could be
removed to decrease hardcover by 168 s.f and get back to the 45.7% of the
original proposal (see Exhibit F of 7/15/87 memo).
Planning Commission is asked to refer to their minutes of July 20th,
1987 meeting. Planning Commission felt that hardcover was not an issue but
that the intrusion into the average setback wac.
Staff Recommendation -
The revised proposal provides a deck space more in keeping with the
Planning Commission's desire to minimize encroachment into the average
lakeshore setback zone and minimize view encroachment, yet allow applicant
to replace his originally existing deck with a similar non -obtrusive deck.
Staff would recommend approval of an average lakeshore setback variance and
hardcover variance to allow the revised deck as proposed subject to removal
of 168 s.f. of extraneous patio hardcover in order to meet the 45.7%
hardcover originally proposed.
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WEST ELEVATION
E?Ql , S
CITY of ORONO
Post Office Box 66*Crystal Kay, Minnesota Yi3239Municipal Offices
On the North Shore of Lake Minnetonka
September 21, 1987
richard G. Helstrom
.:d95 Casco Point Road
Wayzata, MN 55391
Re: Proposed Deck Construction
Dear Mr. Helstrom:
we are in receipt, as of September 17, 1987, of a revised deck
proposal submitted by your contractor, Mike Schmieg. This proposed deck
extends past the average lakeshore setback line by a distance of
approximately 12 feet and therefore requires a variance.
In addition, portions of this deck adjacent to the house will be over
areas not currently hardcovered, hence a variance would be needed for
increases in hardcover over the existing percentage. I would also note
that, although you might propose to remove items of existing hardcover so
there is no net increase, staf,, has not been granted the authority to
approve such tradeof's; this requires City Council approval.
I would further note that the Planning Commission may have given you
the impression that you could replace your previously existing 81x22' deck
without a variance. In fact, replacement of any portion of that deck that.
encroaches past the average setback line would also require a variance.
I will be pleased to present your current plan to the Planning
Commission at their October 19, 1987 meeting if you wish. Any addition
information ycu may wish to submit in support of your requc _ft mus-- be in
this office by October 5, 1987.
Please contact me 3t- 473-7357 if you have further questions.
Sincerely,
X
Michael P. Gaffron,
Asst Planning i Zoning Administrator
MPG/tIn
•c: Mike Schmieq
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(MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 20, 1907
Ij DACHXES CONTINUED • D
There were no comments from the public regarding this
matter and the public hearing was closed.
It was moved by Chairman Kelley, seconded by Johnson, to
recommend renewal of the variances per staff
recommendation. Motion, Ayes 4, Nays 0. (Taylor not
present to vote.)
11168 RYCHAAD G. HELSTROM
2895 CASCO POINT ROAD
VARIANCES
PUBLIC. H&.RING 8:34-C:51
The Affidavit of Publication and Certificate of Mailing
was noted.
Chairman Kelley read into the record a letter re id
this day Ircm J.K. Bowers, 2905 Casco Point Road, :g
the Planning Commission to consider his props— ty
in relation to the average lakeshore setback proposed by
applicant, so that he is not deprived of lake views ar.
lake breeze.
Assistant Zoning Administrator Gaffron explained the
request for hardcover and average lakeshore setback
variances tc construct a 2nd story three -season porch
F d deck as follows:
-Hardcover 75-250' - Existing = 45.3%
- Proposed = 45.7%
-Average Lakeshore Setback EncroaLhrient
- Existing = 0'
- Proposed = 25'
Applicant proposes to construct a 2nd story three -season
porch and deck where only a ground -level loose concrete
block pat.o now exists. The three -season porch is
approximately 16'x 20' surrounded c,n two sides by a 9'
dock.
Bellows felt that, basod on the drawings submitted, it
should he con::idered an "addition" to the house, not an
averar -aque porch structvire.
Richard Helstrem was present for this matter and vtated
he did not feel the addition would obstruct Mr. Bowers'
view, and there would be a minimal view obstruction, if
any, from E l son's ( 287 9 Casco Point Rd.) ya.rrj. He noted
that the addition would be 110' irom the lakeshore.
'=ick Kai 1, 2915 Casco Point Rd., stated applicant's
house in downhill from his, therefore, the addition
would n. t ohst ruct his view.
8
MINUTES OF THE PLANNING COMMISSION MEETING HELD JUJ.Y 20, 1987
'd HELSTROIA CONTINUED
There were no other comments from the public and the
public hearing was closed.
Planning Commission unanimously felt the addition was
too much of an intrusion into the ave-7e lakeshore.
They felt the addition should extend no Cher than the
existing patio. Planning Commissio. .3 not find
hardcover an issue.
Planning Commission member Hanson's written comments as
follows:
"I see no hardship, and am concerned with the view
encroachment on neighboring properties. No; do a
redesign."
It was moved by Chairman Kelley, seconded by Bellows, to
table this application pending a revised reduced plan.
Motion, Ayes 5, Nays 0.
11172 CHRISTINE BECK
3820 CHERRY AVENUE
VARIANCE
PUBLIC HEARING
This matter was held over until the end of the meeting
(10:08) for applicant to be present.
It was moved by Taylor, secnrided by Cohen, to table this
application until applic - can be present. Motion,
Ayes 5, Nays 0.
'73 DAVID AND TRESA GARDELLA
1230 ORONO OAKS DRIVE
VARIANCE
PUBLIC REARING 9:08-9:12
The Affidavit of rui.1ication and Certificate of Mailing
was noted.
Zoning Aide Knott (..plained the request for a front yard
setback variance to construct a detached garage 80 feet
in front of the front line of the principal structure.
Staff noted the following hardships - steep topography
to north and east, l-.cation of well on east, and
inadequate area to place garage on west.. No major
grading would be required in proposed location, and the
garage —11 be naturally screened from neighboring
properties by existing heavy vegetation.
Planning Commission member Hanson's written comment
concurs with staff recommendation.
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To: Mayor Grabek
Orono Council Members
Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: July 16, 1987
Subject: i1168 Richard G. Helstrom, 2895 Casco Point Road -
- Variance - Public Iiearing
Zoning District - LR-IC
Application - Variance for hardcover and average lakeshore setback to
construct a 2nd-story three -season porch an:] deck.
List of Exhibits
Exhibit A -
Application
Exhibit B -
Plat Map
Exhibit C -
Property Owners List
Exhibit D -
Neighbor Acknowledgement and/or
Non -objections
Exhibit E -
Survey
Exhibit F -
Staff Sketch On Survey, Showinq Hardcover and Average
Setback
Exhibit G -
Hardcover Calculation By Staff
Exhibit H -
Elevations - Side, Lake(Front)
Exhibit I -
Plan View
Exhibit J -
Section 10.08 Subdivision 3
�atr2S
`` K -
t RC \, n 7 20-- PO) Lt_:.ryt.r F-f-c.r N�aiG++6�rc
Pertinent Facts:
Existing Allowed
Proposed Variance
- Hardcover
0'-75'
9.6% 0%
(No Change)
75'-250'
45.3% 25%
45.7% 20.5%
250'-500'
26.7% 3C.8
(No Change)
- Average Lakeshore 0' W
25' 25'
Setback Encroachment
- Lake Setback 135' 75'
110, None
Discussion:
This is a request to construct a second story three -season porch and
deck where only a ground -level loose concrete olock patio now exists. The
three -season porch is approximat.ly 16' x 20' surrounded on two sides by a
9' deck.
This addition covers about 820 s.f. in area, of which about 775 s.f.
is currently considered non-structural hardcover.
The City Council in recent years has made it clear that when allowed
hardcover percentages are already exceeded, replacing non-structural
hardcover with new structural hardcover requires a ••ariance approval. Note
that a 26' x 20' garage addition entirely over existing driveway was
permitted in 1084 before that policy was in effect.
Zoning File #1168
July 16, 1987
Page 2 of 2
There is currently no average Lakeshore setback encroachment. The
proposed porch and deck will comprise a 25' average setback encroachment.
This has a potential view encroachment effect from both neighboring
properties. The Elsen's at 2879 have stated no objections, and staff notes
their lake views across applicant's lot are already limited by the hill
along applicants southeast lot line. Bowers' views from 2905 might be
slightly encroached by the three -season enclosure (about 9' lost) but not
by the deck since Bowers' lot is much higher.
A significant portion of the existing 0-75' and 75-250' hardcover is
taken up by plastic -lined rock beds and the extensive driveway. the
plastic under rock beds along the southeast slope may be helping to control
erosion - applicant should address this. Although there is only a small
net increase in hardcover, Planning Commission may wish to explore ways to
decrease overall hardcover on this property.
Hardship:
Staff notes that City files indicate there was originally an 8' x 22'
deck along the lake side of this house. That deck was removed at some time
prior to this review, leaving a 2nd-story glass door with no place to walk
out to. This might be considered a hardship and a safety concern as well.
Does Planning Commission find a hardship or justification to grant a
variance to allow the proposed 820 s.f. of additional structure hardcover
on the property? What hardship or justification -xists to grant the
variance to average lakeshore setback?
Staff Recos ndation
Staff would recommend approval of hardcover and average setback
variances for construction of the proposed additions only if the applicant
can demonstrate to the Planning Commission adequate hardship and
justification for the proposal in accordance with the provisions of Section
10.08 Subdivision 3(A) attached.
� t'1 .1 •r—�r.
Fee#
Receipt
Initials _
CITY OF ORONO - VARIANCE APPLICATION
Initial Application Fee $150.00 ($50.00 per each additional variance)
Renewal Variance Fee $75.00 (no change from original application)
After -the -Fact Fees (Double application fee)
---------------------------------------------------------------------------
PROPERTY LOCATION
Site Address "? L0. p C�a
-Uay�,U f
Property Identificat on Number (P.I.D.),?O_1_l 7 -; 3 o o 5
I
Please check one - Is the property abstract or L--torrens?
Attach legal description to application if not included on required survey.
---------------------------------------------------------------------------
APPLICANT / Phone ( home) Z7-Z- 94;2 G
Name Phone (work)_=Jc'L�SL
A d (4 :5- C,? 4 S c o `iJ r /Y � �C d City : �: i p
OWNER (if different than applicant) Phone (home)
Name Phone (work)
Address. City yip: rTy� yc �r
hate Property Acquired (mont FI��Al�-��f«iCE #
IWO
I (do) (do not) also own the adjacent parcels of land. `�1 `El �5n'0.,A
----------•-------------------------------------------------- Uc%A---ri---+'��`"'
PRESENT USE OF PROPERTY ':crr�Gr-TNA�IA Yvv{
W-f IJ ,
Wy r11:13
Present Zoning District v"'`�'
Present Use of Property �jl� ��rt,��j/ ResidentiPl
Other (specify)
----------------------------------------------------------------------------
DESCRIPTION OF REQUEST Estimated Construction Cost $
rvokiti
��
D e s c r i b request in e t a i 1:� !•� 0'� '1�_�d-d+a. ��i..: �e�'
IV 7
r
S RE UIRED
Lot Area Lot Width Hardcover
Setback Variances ( Front Side Rear)
/ Other J C
.�?����� �1�1 o2Y ��'�" �/s^,° It
�j j-------------------------------------------------------------
HARDSHIP
Describe undue hardship or
/enforceme t of oni U r gu
.(mot ( PSI of'Y 5-P � ,7
DES�CRIP ION OF USUAL PROPERTY
Describe unusual property
Code Requirements: Zoe,
practical difficulty resulting frog, strict
a t i o n s: G!/LQ le/ G 0_—
_e - r
v rp rd! --7';l -- ----- �--------
C&DITIONS
condition preventing compliance with Zoning
---------------------------------------------------------------------------
REQUIRED SUBMITTALS
1. Completed Application Form
2. Certified Property Owners List of owners within 15V (you can obtain
this list from Hennepin 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.
4. Certificate of survey including hardcover calculations as required.
5. Plat Map.
The Applicant and Property Owner must sign this application. Please
remember that your variance application is not complete if the above
information h.s not been included.
--------------- ------------------------------------------------------------
Certificatiun by Zoning Department. that Variance Application is complete.
Zoning Official's SIgnature Date
APPLICANT'S SIGNATURE
The applicant Eereby agrees to provide ali information required or
requested by the Zoning Administrator, agrees to pay all fees and/or
unusual expenses incurred in review of this application, and certifies that
the information supplied is true and correct to the best of his/her
knowledge.
Applicant's Signature _1.� Date
OWNERS SIGNATURE
The owner hereby ackowl.edges and agrees to this application and further
authorizes reasonable entry onto the property by City staff, consultants,
agents, Commission members, and Council members for purposes of investiga-
tion and verification of this request.
Owner's Signature Date 1-2
Applicant must have all submittals into the City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are held on the
third Mondjy cif r�ac h month. Applicants must be present at all scheduled
review meetings of the Planning Commission and Council, and, if an
applicant js unaL le to attend a scheduled meeting, to please make arrange-
ments to h.jv(, !1n authorized agent attend in your place and to advise the
Bui ldir-1 & ,'or .r:ft cuff ice• of this change prior to the meeting.
PIN DATE 06/23/87
CATCH 006
38 20-117-23 31 0070
PROP ADM 02874 CASCO POINT RD
O'..: tER NAME W C GONYEA ETAL
TAXPAYER WILLUM C CONYEA
NAME/ADOR 2874 CASCO POINT RO
I` WAYZATA MN 55391
♦ 36 20-117-23 31 0078
PPOP AOOR 02910 CASCO POINT PO
C ':ER NAVE PHILLIP A BETTY NICCLM
TAXPAYER PHILLIP J NICCLM
t.4rE/A0DR 2910 CASCO PT RD
WAYZATA MN 55391
38 20-117-23 31 0051
PROP POOR 0291S CASCO POINT RD
O:::ERNAME RCKAIL AC LKAIL
TAXPAYER RICH4FO C KAIL A CAROL KAIL
t:AMv/ADOR 2915 CASCO POINT ROAD
CRONO t'47 55391
ol
HENNEPIN COLNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 20-117-23 31 0023
W C [ONYEA ETAL
WM C GONYEA
2874 CASCO POINT RD
WAYZATA MH 55391
38 20-1:7-23 31 0029
02912 CASCO POINT PO
M 0 BAPRET( A D M BARRETT
MICHAEL 0 PAP.RETT
2912 CASC3 POINT PO
WAYZATA W 55391
38 20-117-23 31 0052
02905 CASCO POINT PO
JAMS KEt^tETH BONERS
JAMES K DO"EPS
2905 CASCO POINT PO
WAYZATA MN 55391
38 ZO-117-23 31 0054 38 20-117-23 31 0055
PPOP t00R O..'879 CASCO POIt:T F'D 07917 CASCO POTitT RD
W N MAXWELL JP ETAL
TA ' :': YFR l�j4A e) E�seAl WAYNE 11A)VELL JR
11:111- ..'AC:^R 2879 CA"�CQ POT`.t 2917 CASCO POINT PO
NNAYZ:.'A t": S55"11 WAYZATA MN 55391
r
PROP A.ODR
WrER N:.ME
TAXPAYER TOT' ATc" 0O11 0071:z
NAME/AMR
REPORT NO. PI435401
PAGE 10
38 20-117-23 31 0026
02900 CASCO POINT RD
0 SIGAFOOS ETAL
DMALD SIGAFOOS
2900 CASCO PT RD
WAYZATA MN 55391
38 20-117-23 31 8050
aka
02925 CASCO POINT RD
8 P Bit-40P A M S BISHOP
BEPKRPD P A t".RLENE S BISHOP
2929 CASCO PT RD
WAYZATA r.N 55391
38 20-1 31
CO POINTN7 RD
02895 CASCO
RICHARD G HELSTROM ETAL
RIC11AFO 6 HELSTROM
2895 CASCO POINT RO
O.:Ot'O MN 55391
38 ZO-117-C3 31 0056
0. •:1 CASCO POINT RD
J o' A R WOLFE
t PATRICK VOLFE
t
371 CASCO POIL. RD
WAYZATA 121 55391
-41,aPl�l 'IN 0( OCVett4 ce 7!�er V-'
p ry o� 02 a 64�7 �i�%7.
PUN DATE Ch/23/87 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. P1435401
PROPERTY WIERS LIST PAGE 11
EATr'H 001,
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCUPATE ANT) TRUE
REPRESENTATION OF INFORttATIGN AS IT AprEARS THIS DATE ON THE RECDRDS
OF THE HEtVEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF MY KNOWLEDGE AND BELIEF.
L,14
�
DATE � � 4
i
July 7, 1937
Mr. Gaffron,
I reside at 2915 Casco Point Road. This is the second lot
from Richard G. Helstrom, 2895 Cass Point Road. x1168 on the
July 20th hearings.
It states he is seeking hard cover for the addition. I do
not understand this because there already is hard cover there
in the form of a patio.
I have seen the plans for the addition, and I feel this is very
good for the improvement of the neighborhood.
Mr. Helstrom is a structural engineer ano everything that he
does is first class.
have no complaints to the addition of his home.
Richard C. Kail
-�_ t, OWE
L
S. //R SEC.
. H i` R. R3
32 31 �-
u.+r
lot, 3
64
3.1
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afit �'1,1'�! IjV ♦ �� �!/ 14w� >.� 4 ! �Iti �?#� 4t47� r • �.
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July 9, 1987
Cixy O6 Onunu
1335 South Brown Road
Orono, MN 55331
Attn: MA. Ri.c:.hact P. Ga66non
ks64.sta►Lt Planning E Zoning Adm4btist4ato4
RE: Land Uea Appgi.cati.on 01168
VeaA Akt.. Ga66non:
We have tecentty pwichaAed ,the pnopeAty •imnedi.atety adjacent .to 2895 Calico
Point Road on the wea.t and north (e.g. 2879 Calico Po uLt Road) .
We have 4evtiewed Dick and Vicki Hetat4om'.s ptanb bon a three 6ea.son poach
and deck addition and have no objecti.ona to .the pnopo6ed con6tnucti.on.
Sincenef y.
1 ti. t,.
Lacey and Kathy Eta en
710 K.ingev.iew Lane
P•Lymouth, MN 55441
Home: 473-0064
Wonh: 522-6683
New Hou.ee Phone: 471- 0684
luty 9, 1987
City 06 Onono
1335 South Mown Road
Onono, MN 55331
Attn: Mn. Mi.chaet P. Ga664on
A6a.i6.tan.t Ptann.i.ng 8 Zoning Adm.i.n.i.6tkato4
RE: Land Ube Appticatti.on 01168
Dean Mn. Ga66non:
We have tecentty puncha6ed the pnopvtty -imnedia,tet.y adjacent to 2895 Calico
Point Road on .the we6,t and north (e.g. 2879 Calico Point Road) .
We have nev.iewed Dick and Vicki Het-6twm's ptan6 bon a #knee season pohch
and deck addition and have no objection.6 to the propo3ed con6tnuctivn.
S.i.ncen et.y, ,
J
J'
La►Ay and Kathy Men
710 K.i.ng6v.iew Lane
Ptymouth, MN 55441
Home: 473-0064
Wo k: 522-6683
New Hoube Phone: 471-0684
Adjacent Property Owners' Acknowle4rt
nt form
/ I (we) W&9,006 7 CL�SEi✓ ofprint names) address
have reviewed the plans for the
eetproposed improvement or proposed use of the
property located ato2F55 dalso referred to as Land Use
Application No.
,I wei understand that in executing this acknowledgement, I we) am
are not asked to declare approval or disapproval of the property or use
but merel-I to confirm for the City Council that 1((,
am (are aware of
the improvement plans and that the proposed neighbor's project or use
requires Council approval.
Date
Date
If you have any informe:ion that may assist the City in the review of
this Land Use Application, please submit your comments to the Building i
Zoning Office at least 10 days prior to the scheduled meeting date.
% �I-kewS "05;,vr-c4ast o/",- Ae- /-V-UPer4
01Ant a2 0&1,2oC17'
All2�-
Apr
,. , l
W
Adjace roperty Owner:.' Ac:nowledgement Form
(Wr Jam, . �� O ��R- of o _�O
print names) print address
have reviewed the plans for the proposed improvement or proposed use of the
prop. ty located at 2,EQ,5 Cn5Co also referred to as Land Use
Application No.
;I {sCo) understand that in executing this acknowledgement, I 4+pr) am
(, not asked to declare approval or disapproval of the property or use
but merely to confirm for the City Counci 1 that I � am (,V) aware of
the improvement plans and that the proposed neighbor's project or use
requires Council approval.
-Proerfty0-.ner Date T--
C
Property Owner
Date
If you have any information that may assist the City in the review of
this Land Use Application, please su)-mit your comments to the Building, 6
Zoning Office at least 10 days prior to the scheduled meeting date.
A
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HARDCOVER CALCULATION WORRSHEET P I (. 12?5
CA, CL* r F <Na,r :•.�rtr7:-fl
Setback Zones (circle one) 0-75• (S-ZF)
250-S001
Uiatioe Hardcover in zone
a. House 2(.-.2 x 5q,a Z 3 s.f.
length width
P, -; Avi'1- I G4+-3T- )
500-1000• Existing Hardcover f • Total- xistiny Hardcover x 100
Lot Area Within zone
- �► 2� s.f. x 100 - 5_ 3,
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x Co_
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f. Other x • s.f.
x -' 7 s.f.
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x - / L r5 a.f.
0 TOTAL EXISTING HARDCOVER IN 20NE • Z% s.f. (1)
Additional Hardcover to be added in zone:
Item Length x Width • TOTAL s.f.
�jy�tc
s.f.
x s.f.
TOTAL S.F. TO BE ADDED (2)
Existing Hardcover to be Removed, if any:
Item Length x Width • TOTAL s.f.
x • s.f.
x s.f.
x S.f.
x - s.f.
TOTAL S.F. TO BE REMOVED (3)
Final Hardcover Proposal:
(Line i1) + Line (2) -Line (3)) • •
t it 112 + L- r-- - l - -719; s.f. (41`
Existing To be Added To be Removed Final
Proposed Hardcover I a
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Line (1) /� •��'�s.f. vv�wv
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10,()P, Subd. 3. Variances; Issuances. VW9
J
401NOW
A. In considering applications for variance, the
Council shall consider the advice and recommendation of the Board
and the effect of the proposed variance upon the health, safety and
welfare of the community, existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public
safety, and the effect on values of property in the surrounding
area. Before granting a variance, the Council shall hear requests
for variances from the literal provisions of this Chapter in
instances where their strict enforcement would cause undue hardship
because of circumstances unique to the individual property under
consideration, and to grant such variances only when it is
demonstrated that such actions will be in keeping with the spirit
and intent of this Chapter. "Undue hardship" as used in connection
with the granting of a variance means:
1. The property in question cannot be put to a
( reasonable use if used under conditions allowed by the official
� controls.
2. The pli;ht of the landowner is due to
circumstances unique to his property not created by the landowner.
3. The variance, if granted, will not alter
the essential character of the locality.
4. Economic consideration:; alone shall not
cunstitute an undue hardship if reasonable use for t:ie r,roperty
existu under the terms of this Chapter.
5. Undue hardship also includ•:s, but is not
limited to, inadequate access to dire_-t sunlight for solar energy
systems. Variances shall be granted for earth sheltered
construction as defined in Minnesota Statutes, Section 116.7.06,
Subd. 2, when in harmony with this Chapter.
6. The Board of Appeals and I'-justments or the
Council may not permit as a variance any use that .s not permitted
under this Chapter for property in the --one wt re the affected
person's land is located.
7. T`' -_ Board or Council may permitas a
variance the temporary use of a one -family dwelling as a two-family
dwelling.
Section 6. ordinance Section 10.08, Subdivision 3 (A) is hereby
amended by adding the following*
(8) The special conditions applying, to the structure or
land in question are peculiar to such property or
immediately adjoining property.
(9) The conditions do not apply generally to other land or
strueturen in the distiet in which said land is located.
(10) The granting of the applicaticriis necessary for the
preservation and enjoyment of a substantial property right
of the applicant.
(11) The granting of the proposed variance will not in any
way impair health, safety, comfort, morals, or in any other
respect be contrary to the intent of the :zoning Code.
(12) The granting of such variance will not merely serve as
a convenience to the applicant, but is necessary to
alleviate demonstrable hardship or difficulty.
(,"') -# 24 -, , ,,
.4 t>Lk
—rD V--t t '�\" cry
July 14, 1987
Michael P. Gaffron
Assistant Planning
City of Orono
Box 66
Chrystal Bay, MN
Dear Sir:
& Zoning Administrator
55323
I am writing this letter about the planning commission meeting on
Monday, July 20, 1987, and the Item #1168, Richard G. Helstrom,
2895 Casco Point Road.
I am concerned about the variance lamthe Helstrom item because
my property is set back from both my neighbors on the east and the
west. If the current set -back ordinance is not strictly held to
I am going to find my home even more set back than it is now.
It is my understanding that the set -back requirements are in place
so that houses like mine are not cut-off from their views of the
lake and lake breezes. I'm sure that all lake shore owners would
like to improve their homes with better views of the lake, but if
the zoning requirements are not held to, thed property owners that
do put on additions will continue to expand their homes towards the
lake. I would appreciate it if the Zoning Commission would consider
my property placement in view of the other neighboring properties and
would hold to a strict inforcement of the current zoning requirements
so that I am not deprived of my relative position to the lake shore.
I hope to be at the July 20th meeting, however, if I am not, I would
appreciate this letter being put into the record at that time.
incerely,
J1 K. Bowers
2905 Casco Point Read
Wayzata, MN 55391
JKB:am
To: Mayor Grabek & Orono Council Members
City Administrator Bernhardson
From: Jeanne A. Mabusth, Building & Zoning Administrator
Date: November 5, 1987
Subject: #1169 Wear Enterprises Partnership, 2970 Old Crystal Bay Road -
Preliminary Subdivision, Class III, - Resolution
Zoning District - RR-lB
Total Area = 25.31 acres
18.50 acres dry
1.60 acres of road right-of-way
6.81 acres of wetlands
Application - Subdivision - Plat of 6 rural lots.
List of Exhibits
Exhibit
A
- Application
Exhibit
B
- Property Owners List
Exhibit
C
- Plat Map
Exhibit
D
- Cook's Lotter of 7-14-87
Exhibit
E
- Planning Commission Minutes of 7-20-87
Exhibit
F
- Planning Commission Minutes of 8-'.7-87
Exhibit
G
- Staff Memo of 8-19-87
Exhibit
it
- Council Noti.%-e
Exhibit
I
- Map of Developed Properties to t;ie hest
Exhibit
J
- Preliminary Plat of 6 Lots
Brief Review of Application -
An eight lot plat was originally proroseu by the applicant at the July
20th public hearing. The issue of the wetland bou.daries was raised at
that first review. The applicant's septic evaluator met with staff or. site
to determine actual boundaries of the wcclands. Those boundaries have been
described in angles and bearings; wetlands total 6.81 acres. At the
Planning Commission meeting of August 17, 1987, as a result of the
reduction in dry land area, the applicant asked the City for conceptual
direction regarding the creation of sutstandara outlot• specifically set
aside for future developmont at the time sewer is available to the
property. Counci 1 denied :�ppl icant the use of such out lots (review
Ex}, bits ', & H) .
Review of Current Preliminary Plan --
The current proposa 1 now <?ef ines 6 lots with adequate 2 acres of dry
contiguous lands within each er:velone. Al lots meet the required 200 feet
lot width to the rear of the front/street yard setback line. Note Lot 1,
Block 1 will temporarily abut. t hcF� for approximately 80 feet.
Zoning File #1169
November 5, 1987
Page 2 of 2
The plat road has been aligned to meet curb cut for Wear Lane South as
requested by the City. Access has also been provided to north lot line.
Outlot A will be constructed when development to the north is realized.
The Planning Commission reviewed the need for a future road corridor
to the properties to the west (review Exhibit I). Planning Commission felt
that if a corridor to the west was nee lec, that it be t-ken at the time the
properties to the north of the Wear property are developed.
Septic testing has confirmed adequate, suitable :,oils for primary and
alternate septic sites on all six lots. All systems tested oilt as mounds.
Prior to scheduling the preliminary plat for Counc is review, we will ask
that all septic test sites (borings and pert hoes) be located on the
preliminary plan.
Planning Co® ission Recomendation -
To recommend approval of the 6 l.:t -iat application o-' Wear
Enterprises Partnership finding all standar of the RR-lB and on site
septic code have been satisfied and granting variance to the standard
'.:hat would require that all lots abut a public road finding that the
proposed private road has been designed to provide safe access to each
.,ewly created lot, subject to the following conditions:
1. Payment of a park fe-e at $1,200.00 ($200.00 per each lot).
2. Grant underlying road and utility casements to the City over the
road outlots - principal road should also be designated as an outlot.
3. Execution of covenants providing for permanent maintenance of
private road and defining the share in the ownership of that road.
Applicant may also be advised to consider cost for future users of
private road with development to the north.
4. Access to all lots shall be via the private roan
5. Lot,- 2 and 3, Block 2 and Lot 1, Block 2 are cons. 1 through
lots; all_ accessory structures on such lot must be app. d via a
rldi t.iona l use permit. The placement of these structures ' 11 be
governed by standards set forth in Section 10.75, Subdivision 4
6. Dedication of right-of-way for Watertown Road and Old Crystal •y
Road.
cr. rl< °;ed resolution has been drafted per the recommendation of the
Pjannin(I I m.ri ,5:1 C111.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION GRA14TING
PRELIMINARY APPROVAL OF A
SUBDIVISION OF LOTS i AND 3,
PETERMAN ADDITION
OF WEAR ENTERPRISES PARTNERSHIP
APPLICATION NO. 1169
WHEREAS, William Wear, an authorized agent of Wear Enterprises
Partnership, (hereinafter "the applicant") filed a formal subdivision
application with the City on June 25, 1987 for the purpose of platting 6
lots of the property legally described as follows:
The south 22 acres of the Southeast Quarter of the Southwest Quarter
of Section 33, Township 118, Range 23, Hennepin County, Minnesota.
EXCEPT the west 225 feet of the east 645 feet of the south 415.6 feet.
thereof (hereinafter "property"); and
WHEREAS, after due published and Mailed notice in accordance with
Minnesota Statues 462.358 et. seq. and the City of Orono zoning and
Subdivision Codes, the Orono Planning Commission held a public hearing on
July 20, 1987 at which time all persons do siring to to heard concerning
this application were given the opportunity to speak thereon; and
WHEREAS, at their regular meeting held on November 9, 1987, the
Orono City Council considered the subdivision application of the applicant
noting the following findings of fact:
1. T, property is loc ted within tl,.: RR-1B Single Family Rural
Resider_ial zoning di.stri..t requiring a minimum of 2 acres of dry land
within each newly created lot.
2. Thr, property contains a total of 18.50 acres of dry contiguous
land.
3. All six lots shall be served by a private road for M ch the
pl.ac.cmer.t and curb cut have been approved by the City Engi.neel
4. All lot_, meet the required 200 feet width adjacent to E.r vate read
i.nd at the front yard setback line.
5. A single family residence can be constructed on all p sed lots
without the need fr.r further va• inces.
6. Septic testing has confirmed that all six '.ots contain adequate ,n-
suitable ;oils for on -site sewage disposal systems.
Fade 1 of 3
City of ORONO
t RESOLUTION OF THE CITY CG•1NCIL
NO. --------
NOW, THEREFORE BE IT RESOLVED, that based upon either one or more
of the findings noted above, the City Council of the City of Orono hereby
approves the preliminary plat of Wear Enterprises Partnersclip per plat
drawings by Phillip A. 17elscn dated September 4, 1987, and further grants a
variance to the standard that would require all lots have frontage on a
public road with the creation of a private road, subject to the following
conditions:
1. Prior to the issuance of building permits for new construction,
the final plat must be filed with the Hennepin County Recorder's
Office, road base installed and approved by City, and, if regaired
improvements are not completed, the developers must execue a
developer's agreement and post a letter of credit (150% of cost of
remaining improvements).
Required Improvements
A) Private road to be constructed per standards set forth in
Section 11.33, Subdivision 4 and 5 for roads serving 3-6 lots.
Engineering plans must be approved by City prior to any
construction.
The following list of final submittals must be submitted to the Zoning
Administrator two weeks prior to the regularly scheduled Council meeting on
the secon' and fourth Mondays of the month:
Final Plat Submittals
1. Surveyor to submit copy of preliminary plat locating both primary
and alternate septic test sites For each lot - designat^ to scale
location of borings and perculation holes.
2. RECORD PhAT drawings in the form of two (2) mylar copies and one
(1) copy recuced to 1"=200'. Drawing to include:
a) Lot lines and drainane easements of wetlands areas platted
per prelir,._nary Earvey.
b) Dedication of "drainage and utility easements" 10' wide along
all perimeter property Zinc and 5' each side of internal
property lines.
c I Desianate a 50 feet wide extension of the road outlot (B) to
the nort.,ern boundary line to serve as future access to the
north.
d) Prineiphl road outlot should be designated as Outlet A. The
City will ask For underlying road and utility easements over both
outlots.
Page 2 of 3
City Of ORONO
4 RESOLUTION OF THE CITY COUNCIL
j NO. --
e) Dedication of road right-of-way for roads shown as Old
Crystal Bay Road and Watertown Road.
3. LEGAL DOCUMENTS required:
a) Title opinion addressed to the City. All owners, mortgage
holders or others with property interest indicated therein shall
sign the plat and all other documents affected by such interest.
b) The applicant must provide certified copies of all recorded
easements currently affecting the property.
c) Executed Road and Utilities Easement - see copy attached - to
be taken over both road outlots.
d) Executed Private Road and Maintenance Covenants - please note
this covenant does not deal with the issue of ownership of the
road outlots and should be amended if desired. This may also be
the instrument you wish to use to disclose unit cost for future
users of road.
e) Executed Flowage and Conservation Easement - see copy
attached.
f) Complete Road Name Request From - road name must be approved
prior to final plat approval.
4. FEES TO BE PAID: Total Due $1,500.00
a) I -ark dedication fee per current schedule:
$200.00 for each lot.
TOTAL FEE of $1,200.00
b) Final plat fee - $1.50.00
c) Legal fee for plat and associated documents - $150.00.
Adopted by the City Council of the City of Orono, Minnesota at a
regular meeting held November 9th, 1987.
ATTEST:
Dorothy M. 11allin, City Clerk James R. Gra ek, Mayor
Page 3 of 3
z Date Rec'd ;?S'V,
By " COMO D .
;,, ► Fee Rec I d itj $Z.`715
CITY OF ORONO •¢.~ _.,.�%' �'-
SUBDIVISION APPLICATION FORM
--------------------------------------------------------------------------
APPLICANT Name ti11"-(,E}-2:2, (�
� (/IJEA�'� Telephone H' Y) 1 -%01/ %
Mailing Addressx ��(,. 1 - • ��? �-G+
PROPERTY Name I, LSE ,6„� �� � >�Stl l /� �1 �'F'r / E"S Telephone `� ice` �E
OWNER
Mailing Address
(Attach list if more than one)
------------------------------ --------------------- 7----------------------
PROPERTY LOCATION. [ r e
e.L C---,
Street Address /Vt,-)
Property Identification No. (P.I.D.)
Complete Legal Description to be attached to application
--------------------------------------------------------------------------
EXISTING LAND USE
Number of Tax Parcels '
Development SizeAcres Dry Land
► . •S� Acres Wet Land
Acres Total, ali parcels
Present Use (check) Residential; no. of units
�-- Other 'specify)
Present Zoning District r�r'-- lA
--------------------------------------------------------------------------
PROPOSAL Division for Tax Purposes
Lot Line Rearrangement only (no new building sites)
Subdivision for New Building Sites
Number of Building Sites: Existing Units
/r
New Units
1 _.4;,Total Unit
Proposed Gross Density Units per Acres
Minimum Lot Size: 911 Square Feet Dry Ruildable
Land
Proposed Use: (check) >/1— Residential
other (specify)
---------------------------------------------------------------------------
(OVEL )
MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION
(17.:> Application Completed
2. Preliminary Plat information on Certificate of Survey.
3. 1ertified Property Owner's list of owners within 350' (this list can be
obtained from the Hennepin County Department of Finance A-603 Government
Center 348-3271 ) C/kt L_ FNl L A)VL '%/ter
C4_�
Stamped, leqal sized envelopes (#10) pre -addressed to each of the names on the
above list with no return address.Cp6t-t. 101411. AE'LS11�,4Q
Certification by Zoning Department that Preliminary Plat Application is
complete.
Zoning Officials Signature _ Date _
--------------------------------------------------------------------------
MINIMUM MATERIAL NECESSARY FOR COMPLETE FINAL PLAT APPLICATION
1. Payment of fees (park fees, filing fee, sewer and water assessments)
2. Signed certificate of survey or mylar copies of formal plat.
3. Title opinion.
4. Easements, Covenants, etc.
1
5. Developers Agreement and acceptable form of security.
S/
�A'
Certification by Zoning Department that Final Plat Application is complete.
Zoning Officials Signature Date
----------------------------------------------------x-`- � I- -- --�- - - - -- -
FEES
Sketch Plan Review (Class I, II & III) $150.00 -
Preliminary Review (Class I & II Subdivisions) $250.00 1t_5_
Sn
IQ,Zi - Prelimi Review $300.00 plus
(Clas III and all non-residential) 20.00/lot
Final Plat Review (Class III) $150.00*
*(Plus any legal or en^ineering charges)
--------------------------------------------------------------------------
Applicant has read the above and hereby agrees to provide all information required
or requested by the Zoning Administrator, City Engineer, City Attorney, Planning
Commission and Council necessary to process this application and further agrees
to pay all additional fees established by ordinance.
--------------------------------------------------------------------------
Applicant's Signature !��-� i-' _,r-. Date
Owner's Sign_�ture ^�����: -- Date
Applicant must have all submittals into the City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are usually held on
the third Mond,,y of each month.
r
r
PL:1 DATE 07/02/87
BATCH 005
38 04-117-23 12 0005
PRCP AODR
Ga::R t0mE DICQ"1
TAX^DYER DICO4
R' `3tAL`DR ZI 50 EXCELSIOR BLVD
EXCELSIOR MN 55331
38 04-117-23 21 0004
rpw ;t00R 0O035 OLD CRY`" BAY RD S
C:-'.1"c t,IME THEO J MEYER ET,
7k'=_lYER THEO J MEYER
85 OLD CRYSTAL BAY RD
LONG LAKE MN 55356
1`
38 04-117-23 22 0001
PROP ADDR 03085 &.ATERTOWN RD
C'':SR Hkl R E `LRPELL ETAL
/" TA"PAYER SHERMAN I LIMDSTROM
t:'.'.E/ADDR 3085 WATERTOWi ROAD
LONG LAKE MH 55356
f
38 33-116-23 33 0001
F40P ADOR 03020 VATERTOWN RD
I O:':CR N-ME R A STLD3S ETAL
TA>.AYER R A STUBGS
t:" :/ADOR 3020 WATERTOWI RD
LONG LAKE MN 55356
r
HENNEPIN COLNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 33-116-23 34 0003
PPnP ADOR
WEAR ENTERPRISES PARTNERSHIP
WEAR ENTERPRISES P`.RTt.ERSHIP
.... ''tDOR
C/O WILLIAM N WEAR
'^
P 0 BOX 245
LONG LAKE MN 55356
r
PPOP ADDR
0'^,�R NAME
T ..,PAYER
TOTAL BATCH 008 00015
,...4f/ACOR
r
r
38 04-117-23 21 0001
02985 WATERTWI RD
JCIIN W L.ANGLEY ETAL
JCHN W LAASLEY
PT 1 BOX 505
LCNG LAKE MI 55356
38 04-117-23 21 0005
00020 WEAR LA
J A D M`,l!?TCtl
JAmES B E DOROT111Y A rCRTON
20 WEAR LA
C7CtIO MN 55356
38 04-117-23 22 0002
03045 WATERT0121 RD
FIST FED SAV / LOAN
CARL Q WICKS
3045 MATEPTOL44 RD
LONG LAKE Mk; 55356
38 33-118-23 34 0001
00185 OLD CRYSTAL BAY RD N
L S STU13BS ETAL
LYDOti SHEPWOOD STUDBS
185 OLD CRYSTAL BAY RD N
LONG LAKE MH 55356
3.3 33-118-23 34 0004
02900 WATERTOI:N rD
D GUIT!OtD A j iCH11_TZLER
DAVID G GUIMCNO
2900 WATERTOt,N ROAD
LGI G LAKE hN 55356
38 33-118-23 43 0006
N M WILL & R B WILL
HARVEY M & ROSEMRY 8 WILL
8151 GRANDVIEW RD
CHANHASSEN MN 55317
REPORT ;Z. PI435401
PAGE 15
38 04-117-23 21 0003
02845 WATERTOWN RD
MICHAEL J FITZPATRICK ET AL
MICHAE VPATRICIA FITZPATRICK
2845 WATERTC'N rD
RONO M1 55356
38 04-117-23 21 0006
00050 WEAR LA
D A J HILL
DAVID M A JEANETTE P HILL
521 HANLON AVE
WAYZATA MN 55391
38 04-117-23 24 0001
03025 WATEPTOI-1 RD
GC^DON R COFFIiI ETAL
GOROOtl R COFFIN
3025 WATERTO'M ROAD
LONG LAKE MH 55356
30 33-118-23 34 0002
00115 OLD CRYSTAL BAY RD N
VERNICE LILLIAN WHITE
VERNICE L WHITE
115 OLD CRYSTAL BAY RD N
LC14G LAKE MN 55356
38 33-110-23 43 0001
02760 WATEP.TOWN RD
G^ACE L ROSCH
Y.7S GRACE ROSCH
2760 VATERTOW4 RD
LONG U.KE M14 55356
?J CATE 07/02/87
HENNEPIN COLWY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
REPORT NO. PI435401
PAGE 16
••r-H 008
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HEtZ:EPIN COUNTY DEPARTMENT OF PROPERTY TAXATION. TO THE BEST
OF MY KNOWLEDGE AND BELIEF. `
r
DATE �+ '' BY �-
33-US-23��3s
fs 0
dkr
0'
t
Bonestroo, Rosene, Anderlik & Associates, Inc.
2335 W. Trunk Highway 36
St. Paul, MN 55113
612-636.4600
July 14, 1987
City of Orono
Box 65
Crystal Bay, MN 55323
Attn: Jeanne 4abusth
Engineers & Architects
Re: Wear Partnership Subdivision
Dear Jeanne:
Otto G Bunanuu. P L
Ruberf W. Ruirne. P L.
J~ph C. AndrrlN P L
BreWord A. Learbrrs. P L
Richard E. Turner, P.E
lamp C Man. P.E.
A 16
Glenn R CUOA. P t
Arn=h A Gurdun, l' L
lhunrai L /Vurr'. P t
Rn hard W. tu.rre, P t
Rubel G. SchrnnAl. P'a
Afarur L. Softek. P L
Uueald C Brrprdl. P £
Jerry A Boardun. P.L
Mork A. Haman, P E.
Ted K Fold. P E,
44"'404 T. Rawn ann. P L
Kubrrr R P/ejime. P L
%vd O LaMola, P.L
Nana W Pebnal, P L
w Aarl C. LJvw h. P.E
,en L. WMIn. P.E.
James R. Atalsnd. P.E.
Kennarh P. Andequa. P E,
Keah A. Bat hmana. P L
Mar* R Rai/s. P E
Robert C. RWMA, A 1.4
Thoans E. Answ. P E
&al L rums. P E
Charhy A Ernlwn
Lea M. Put y
Haden M Ob.wr
Swan M. Eberlua
We have made a preliminary review of the Site Plan for the Wear Partnership
Subdivision. The southeast corner of the subdivision includes a DNR
designated Wetland. The southwest corner of the subdivision includes a City
designated Wetland.
The DNR designated Wetland area on Lot 3, Block 1 includes all property up to
approximately the 976 contour. The Wetland area on Lot 4 includes all
property up to approximately the 994 contours.
We will make a more complete review of the subdivision upon request. If you
have any questions, please contact this office.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK b ASSOCIATES, INC.
Glenn R. Cook
GRC/jo
MINUTES OF THE PLANNING COMMISSION MEETING HELD JUI.Y 20, 1987
ATTENDANCE 7:12 P.M.
The Orono Planning Corr kssicn met on the above date with
the fol lowing merO-b rs present: Chairman Kelley,
Johnson, Bellows, and Cohen. Taylor arrived at 7:15
F.'M. Hanson a- i Brown were absent. The following
represer.tee, Lne City staff: Building & Zoning
Administrator Mabusth, Assistant Planning & Zoning
Administrator Gaffron, Septic and Zoning Aide Knott, and
City Recorder Peterson. Councilmember Sime was also
present.
#1170 THEODORE Q. FEIG AND TIMOTHY JOHNSON
627 s 629 FERNDALE ROAD NORTH
VACATION
PUBLIC HEARING 7:15-7:15
The Affidavit of Publication and Certificate of Mailing
was noted.
Applicants request to vacate the existing drainage and
utility easement located 5' either side of the lot 1' ie
between Lots 1 and 2 of the Laurent Addition. .,e
vacation request is in conjunction with the proposed lot
line rearrangement which received recommendation of
approval from the Planning Commission on June 15, 1987.
Staff recommends approval subject to a new drainage and
utility easement 1�' either side of the new lot line
being granted.
There were no comments from the public re;ardinq this
matter and the publics hearing was closad.
It was mo,- 3 by Chairman Kelley, seconded by Bellows, to
recommend approval per staff recommendation. Motion,
Ayes 5, Nays 0.
�11169 WEAR PARTNERSHIP FNTRRPRISF.S
-4TERSECTION OF OLD CRYSTAL BAY ROAD AND WATERTOWN ROAD
ASS III PRELIMINARY SUBDIVISION
LIC HEARING 7:30-7:45
The Affidavit of Publication and Certificate of Mailing
was noted.
Applicant proposes an 8 lot plat within a 18+ acre tract
of which 3.35 acres are wetland per City's mappina. It
is applicant's position that the area of the designated
wetlands on the City's map is far too ambitious and with
close inspection and testing these wetlands may be
redefined.
Bill Wear and his survF-vor, Phil Nelson, were prese
for this matter. Phil Nelson addressed the wetland
issue in which the DNR tan indicated to him that this is
not a DNR designated w lsnd.
1
2
MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 20, 1987
#1169 WEAR PARTNERSHIP ENT. CONTINUED
Chairman Kelley recommended that the wetland issue be
resolved by DNK, staff and applicant before Planning
Commission action.
Phil Nelson reviewed the proposed preliminary plat, cul-
de-sac and Outlot A.
Planning Commissio- unanimously agreed that they found
no problem with t. preliminary subdivision as proposed
contingent upon the wetland issue being resolved and the
platting of 2 acre minimum lots.
It was moved by Cohen, seconded by Chairman Kelley, to
table this matter pending resolve of the wetland issue.
Motion, Ayes 5, Nays 0.
#1171 LANDMARK CONSTRUCTION INC.
3820 i 3830 BAYSIDE ROAD
CLASS III SUBDIVISION
PUBLIC HEARING 7:45-7:59
The Affidavit of Publication and Certificate of Mailing
was noted.
Zoning Ac inistrator Mabusth reviewed the application
which apl,licant is in the process of purchasing the
beach h,.use property (Lot 3) and the farm house property
(combired Lota 1 and 2) from Mrs. Miner. Applicant.
proposes a subdivision or platting to create one new
building site. She explained staff's recommendation for
alternatives regarding access.
Paul Swanson, President of Landmark Construction, was
present for this matter and explained his proposal,
specifically his plan for an access road. He noted that
he would like the riparian lot to serve all three lots
and noted that hI-.CD allows one boat per 50 feet of
lakeshore. fie stated that if the lagoon is included,
there is approximatley 300' keshore.
Zoning Administrator Mabusth i that he would need
at least 200' of lakeshore to -y riparian uses for
on- residential lot..
Chairman Kelley stated they ::l more information
regarding:
-definition of wetlands, location on property
-definition of dry buildable for Lo•- 1, 2 & 3
In addition, he felt only Lot 3 shou.. have riparian
rights.
Paul Swanson stated that the LMCD told him he could have
three docks on the riparian lot.
2
MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 17, 1987
#1185 CARLSON CONTINUED
It was moved by Cohen, seconded by Bellows, to recommend
approval of the renewal variances per staff
recommendation. Motion, Ayes 6, Nays 0.
ZONING AMENDMENT -
STANDARDS FOR ACCESSORY STUCTURES
It was moved by Chairman Kelley, seconded by Cohen, to
tab'.e this matter until the September 8, 1987 Planning
Cc.nmission meeting per staff recommendation. Motion,
'.yes 6, Nays 0.
#1169 WILLIAM NEAR
950 "TERTOWN ROAD
PLAN ,REV I LW
CONCEPTUAL DIRECTION TO APPI
Present L.
V.e,,.L .
were William Wear and Philip
Applicant ha-o submitted three conceptual plans for
Planning Commission consideration as follows:
Option A is an 7 lot plat which requires four lot
width variances along a strzight lineal roadway.
Staff is not in favor of tris option, r-estioning
the hardships.
Option B is a 6 lc.': plat which is staff's
preferfnce. Pending septic testing, applicant could
proceed with formal action on the preliminary plat.
2pt i ,n C is a 6 lot plat with an future through road
access outlot (A) and n additional lot outlots tB
& C). Staff noted th cucn outlots (B & C) tend to
go tax forfeit and --r problems for the City
because no one is resF�.nsible for maintenance of
property.
Bill Wear stated that his lireference of option C. He
explained the purpose of 04t1ots B & C is for future
deve loement because he believes that in the future (20-
50 years) the property will ',a sewered which would cra'.e
these outlots builds:d e.
Chairman Kelley and Cohen f ored Option C because of
the road alignment.
To protect the City, it wa -,commende,' filing against
the chain of title that ' ots s o c: are Ceemed
unbuildable until the area _-wered or rezoned.
MINUTES OF THE .LANNING COMMISSION NEETI/. 1_ELD AUGUST 17, 1987
#1169 NEAR CONTINUED
Plannii,g :ommission recommc-ndations as follows:
Fanson
- Option
C
wit'a NO contingencies on outlot-
Cohen
- Option
C
of It
Brown
-- Option
C
with contingencies on outloLa
Johns,;n-
Option
C
Kel:e-.,
- Option
C
"
r ellot
,- Option
C
"
(Plan»:n,j
Commission
majority (4-2) prefered Option C
with contingencies
filed
against chain of title that
Out ic.ts B
& C are not
buildable until area severed or
re , oried . )
APPROVAL OF MINUTES
l+- was moved by Bellows, s condeil by Cohen, to approve
e Minntes of the July 20, 1Q87 Pldnning Commis=401-
`ing. m,, on, Ayes 6, Nays 0.
PLANNING r:OMMISSI.'h ftEPRESENTA B
Bellows wa: app,Ant-d to attend th- August 24, 198,
Council muting.
Cohen was al__:ointed to atten,, the F-eptember 1.4, 1987
Council mve-tinQ.
ADJOURNMENT 9:55 P.M.
.he Plan.-ircj Com• ission meeting adjourned at 9:55 P.M.
a
G
TO: Mayor Grabek
Orono Council Members
City Administrator Bernhardson
FROM: Jeanne A. MaLusth, Zoning Administrator
DATE: August 19, 1987
SUBJ: #1169 William Wear, 2950 Watertown Road -
Conceptual direction to Applicant
List of Ezhibits -
A - Plat Map
B - Option A - Plan
C - Option B - Plan
D - Option C - Plan
E - Staff Option
F - Staff Option
The applicant has asked the City for direction 1-egarcling three options for
subdividing his 18.5 acre property. Prior to A—dering the septic testing
needed to complete the rural preliminary st.;,divi ion application, Wear has
asked that lot line be resolved.
A public hearing was head by the Planning Commission on July 20, 1987 but
was tabled pending resol-•e of the exact locations of the wetlands within
the southeast and southwest portions of the property. The wetlands
locations were resolved and on August 17, 1987, Wear presented three
options for development, review exhibits P. C, & D.
Option A - Four lot width variances required along a straigh* lineal
roadway. What are the hardships? The City grants widt.'.. vari.: ices at
cu 1-de-secs where the required width cannot N.� met at the rear ^f the
front yard setback line. In this option Lots 2 & 3, Block , would
require lot width variances. At the public hearing meeting, the
Planning Commission asked that Vne private road outlot be realigned
with existing Wear Lane South. c-)tion A has not met the requirement.
Option B - The roi,,i is not aligned with Wear La^� So as required.
Lots ? 6 3 requi.re a lot wi-ariance.
t:-P;.;ion C - The road is a 1 igne.: with Wea La. n - Lot 3 ad jar .:it
to the cul-de •=nc will require a width vari, Outlot B i C have
been designated for f .ture development when _3e.,:r is available. The
wet and dry areas of the out- 3 have not beer designated - the total
area of Outlet B is 2.5 a es and Outlot C is w acres. The
applicant would agree to file special dee(I --strictionf; against ear
out of advising of the current Lnbuildabi1 of the ontlots.
Definitio;a 26. 'Lot, Outlo-te - A lot which is intetided only
:pr public or private ro_dways, open space o- other use,
ja,;iich use lush be restricted by the appropriat,. easement and
w+ ich use not be appr. oy • ,e Cit-y at the -;me of final
plat. approval. T` -- use (. ' Itlot will reaf ter be
restricted ),„ th_ ppropi. c ..rictive covenant or u-)en
space easement.
r�
Zoning File #1169
August 19. 1987
Page 2
The zoning code defines an outlot as a lot intended for roadw,4N,;, open
space or other use. The use of this lot must be approved by tlx.: y at
f'na1 plat approval. The use of the outlot shall be restricted by filing
a. Appropriate covenant. The City in the past has allowed the creation of
outlots designating private roads, open space, commons areas, and remaining
property for f,iture development (Countryside Plat). The outlot in the
Countryside Plat contains 50+ acres for future development. The current
application proposes 2+ acre outlots.
Based on current wetic ds credits it sewer is available, both outlots would
be buildable or meet area standards if each lot contains a 1/2 acre of dry
contiguous lands and there is a total of 1.+ acre of dry lands.
Staff had asked the Planning Commission to consider the following:
A) Who maintains these properties (now located within a development)?
Owners of these outlots may not live in the area. Unattended outlots
become problems for the City especially when surrounded by developed
properties.
B) Tax forfeit - outlots set aside for 30 to 50 years before
development oft(_1 3o tax forfeit and may to sold to unsuspecting
buyers.
C) Future Code Standards - will such outlots meet standards
established by the City in 30 Lo 50 years? More thai, likely the
standards will be less restrictive. Is this type of planning decision
appropriate for the current Council?
D) Precedent - how would you deter other developers from creating
substandard outlots for future dove l or,ment ?
Mr. Wear's request to use outlots in this manner appears an innovative
method for increasing the profit margins for what is currently a 6 lot
plat.
The Planning Commission opted for Plan C because the roads have been
aligned and found no prob_, , w1th the creatior of such outlots for future
development as long as appropriate covenants are filed against each outlot.
Staff would ro,-ommend that the out - s either be requireG to be combined
with the adjacent lots - exhibit E (L- be divided at a future date if sewer
is available and future zoning finds outlots buildable) or to do away with
outlots and the area com.,ine' with adjacent residential lots - exhibit F.
The roads must remain al ,caned as in Option C plan.
t�
ZONING FILE NO. 1169
CITY OF ORONO NOTICL OF COUNCIL ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 8/s.;/F+7
------------------------------------------------- ---------------------._--
TO: William Wear COPIES TO: Phii-,�lson
Box 306 All Metro Land Survey
Long Lake, MN 55356 2340 Danie13 Street
P.O. Box 148
Long Lake, MN 55356
TYPE OF APPLICATION: XX Conceptual Revie,.-j - Ct,ss III Subdivision
------- --------------------------------------------------------
DATE OF MEETING: 8/24/87 VOTE: 4 For Against
COUNCIL ACTION - MOTION:
Council conceptually denied your request to develop independent
outlots within your current plat - to be set aside for future development
when sewer is available, based on the following findings:
A. Unattended outlots (outlots can be owned by persons out of the
immediate aLea) become maintenance problems for `he City especially
when surrounded by developed properties.
B. Outlots set as_ de for 30 to 50 years before development often go
tax forfeit and may be sold t- -n unsuspecting buyer.
C. Outlots created today not. satisfy future standards - not
appropriate decision for current Council.
D. Negative precedent to estat:lish - Council would be unable to
refuse other requests.
Please review options for development that Council it able to approve
(see attachments).
Staff will reschedule your preliminary subdivision application before
the Planning Commission as soon as all required information and submittals
are received.
Deadlines for uT •-,ming Planning Commission meetings are as follows:
Deadline Meeting Date
September 8 September 21
OctoG-r 5 October 19
If you desire certified copies of the official Council ,.sites, they
are available from the ( :_r Recorder or City Clerk after review and
approval by the City Council.
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To: Mayor Grabek & Orono Council Members + ; �Jhuf U
City Administrator Bernhardson
From: Jeanne A. Mabusth, Building & Zoning Administrator
Date: November 4, 1987
Subject: #1177 Todd Waters, 3061 Casco Point Road -
After -the -Fact Conditional Use Permit/Variances -
Resolut-on
Please review the enclosed denial resolution and advise
Jeanne Mabusth on Monday a.m. if you wish to amend, correct or
add any other findings or conditions. We will ask the City
Engineer. to specifically review the conditions of this resolution
to decide if more specifi engineering direction should be
provided in the resolution.
The applicants and their agents have also been sent a copy
of this first draft. Kathleen Blatz has already reviewed major
pc-tions of this resolution.
A RESOLUTION DENYING
AFTER -THE -PACT VARIANCES
TO SECTION 10.22, SUBDIVISION 2
AND SECTION 10.18, SUBDIVISION 5 (A)
AND SECTION 1u.55, SUBDIVISION 8
AND AN AFTER -THE -FACT CONDITIONAL USE PERMIT
PER SECTIONS 10.03, SUBDIVISION 19 i 20
FILE NO. 1177
WHEREAS, the City of Orono is a municipal corporation organized
and existing under the laws of the State of Minnesota; and
WHEREAS, pursuant to State Statues 412 et. seq. and 462 Qt. seq.
the City Council of the City of Orono has adopted a Community Management
Plan and zoning regulations for the protection of the public, health,
safety and general welfare; and
WHEREAS, Todd Waters and Dori Molitor -Waters (hereinafter "the
applicants") have an interest in the property located at 3061 Casco Point
Road an(: legally described as follows:
A track of land in Sec' = ,,, 26, Township 117, Range 23, according co
United States Govern. - Survey thereof, described as follows:
Beginning at thf_ most northerly corner. of Lot 54 in Spring Park,
thence westerly in a straight line through a point which is located 15
feet due north from the northwest corner of Iot 52 in said Spring
Park, extended to the shore of Lake Minnetonka; thence in a northerly
direction along the shore of said lake to the intersection of said
shore line with a line drawn parallel with and 100 feet northerly,
measured at a right angle, from the first above described course of
this description; thence easterly parallel with and 100 feet at right
angles northerly from said first above described course, and its
extension, to a point in the center line of vacated Ivy Place in said
plat of Spring Park. said center line being a line parallel with ani
25 feet at right an :s northwesterly from the northwesterly line of
Lot 56 in said Spring Park; thence southwesterly parallel with and 25
feet at right angles northwesterly from the northwesterly lines of
Lots 56 and 55 in Spring Park, said parallel line being the center
line of said vacated Ivy Place to the intersection of said center line
with the southwesterly line of Lot as extended; thence
southeasterly along said extended southwe ly line of Lot 55 to the
point of beginning.
The southerly line of said tract being marked by two Judicial
Landmarxs placed at each end of said line.
Page 1 of 1
WHEREAS, the applicants have applied to the City of Orono
(hereinafter "the City") for after -the -fact variances seeking approval of
land alterations conducted within 0 to 75 feet of the lakeshore of Lake
Minnetonka where none is allowed per Section 10.22, Subdivision 2 and
Section 10.55, Subdivision 8 and a height variance of 9 feet for the
existi! principal structure where only a maximum allowed height of 30 feet
is al ved per Section 10.28, Subdivision, 5 (A) and an after -the -fact
conditional use permit per Section 10.03, Subdivisions 19 and 20 for land
alterations not authorized under Orono Prs::lutior No. 2172 or Orono
Building Permit No. 6385 conducted within the lakeshore protected area and
within 75 to 250 feet of the shoreline; and
WHEREAS, the City Council has reviewed the application; the
recommendations of the staff and Pianning Commission, the comments and
written statement submitted by the neighbor, the comments and written
statements of the applicants, applicants' attorney, and the applicants'
site planner.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Orono hereby denies the after -the -fact application as described above
based upon one or more of the following findings of fact concerning this
property:
FINDINGS
1. The property is located in the L., Lakeshore Residential Zoning
District and consists of 32,308 s.f. or .74 acres. The Listrict
rec,uires 21,780 s.f. or t, acres in area.
2. Prior to the restoration of the property, the former principal
structure was located 59 feet from lakeshore and hardcover
improvements were recorded as follows on the property:
0-75' = 7.1%, Allowed = 01
75-250' = 28.1* Allowed = 25*
250-500' = 12%, Allowed = 30%
3. The former residence was approximately 16 feet above t-he elevation
of the lakeshore and was situated at the highest point nn a bluff or
lakeshore bank. Two timber retaining walls were installed in the
southwert ^rner/lake shore of the property approximately 15 and 30
feet in length and a single stone retaining wall approximately 20+
feet to the east and 40 feet in length providing structural support
for the lakeshore bank.
Page 2 of 11,
4. On March 19. 1987, the applicant applied (Application No. 1129) to
the City for v--iarces to hardcover, the average lakeshore setback
line and lakeshore setback for the reconstruction of the existing
residence. The hardships cited on the face of the application read as
follows:
"Er.isting residence (location) land elevation would hinder lake
view."
5. Application No. 1129 also involved a request to realign the
municipal sewer line that intersected the east por-:on of the property
because of the need to expand the building envelope for the larger,
reconstructed principal structure.
6. At the April 20, 1987 meeting of the Orono Planning Commission,
the applicant advised that the existing house was to be removed and a
new structure and foundation was planned. Planning Commission
recommended that the entire structure be moved back only eight feet
instead of meeting the required 75 feet setback 37,.--cause of the
"topography". The principal structure was to be pla - 67 feet from
the lakeshore and the lakeshore deck would encroac.ii , Ds, than 59
feet, ti.e setback of the former residence. The applic noted if the
house wao to be placed at the required 75 feet setback '_ii.e, the lower
elevations to the rear would hinder lake views blocked by higher
elevations of the lakeshore bank.
7. At the May 11, 1987 Council meeting, Todd Waters was quoted as
making the following statement to the Council:
"Mr. Waters stated that the Luu-�:e was basically custom designed
to fit the lot and to take advantage of the best lake views."
B. Council approved Resolution No. 2172 at their May 11. 198*7 meeting
approving the variances as recommended by the Planning Commission,
such Resolution noted the following findings for this application:
A) The applicant intends to construct a new foundation under the
existing structure, hence he has the oppor-anity to move the
house back from the lake a short distance.
B) The proposed deck is to be 8' in width. Moving the entire
house and deck back 8' from the existing location will result in
no new encroachment into the average lakeshore setback, will
result in no additional 0-75' h,{rdeover, and may actually
decrease the 0-75' hardcover.
Page 3 of 1
C) As a result
be increased to
can be justified
75-250' zone d
of moving the house,
33.1% where only 25%
by the fact that the
the 75-250'
is normally
maioritv of
hardcover wi 11
allowed. This
drainage in the
s held in the
D) The view encroachment caused by the proposed porch at the
south end of the house is minimal. The effected neighbor to the
south has submitted a letter of non -objection to the project.
E) The relocation of the municipal sewer lire is feasible and
will not cause any problems for the municipal sewer system.
9. In that same Resolution the following variances were granted:
A. Per Section 10.22, subdivisions 1 and 2 and Section 10.55,
Subdivision 8, approval of excavation of new foundation and new
construction or structure within the 0-75' lakeshore setback
areas where no excavation or new structure are allowed.
B. Per Section 10.22, Subdivision 2 _o approve 33.1% of
hardcover within the 75-250 setback area where only 25% is
allowed.
C. Per Section 10.22, Subdivision 1, the new principal structure
shall be placed 67 feet from the lakeshore and the lakeshore deck
was to be placed at 59 feet from the lakeshore instead of the
required 75 feet.
10. On May 13, 1987, the applicants' contractor, U R Construction,
applied for a building permit for the new construction. The handout
information attached to all building permit applications includes a
list of the necessary information required if certain improvements are
proposed specifically the following is extracted from that hand out:
Grading and Drainage Plan:; - where any changes in grade or
drainage are proposed as a result of the construction, a grading
and drainage plan must be submitted showing existing and proposed
con: ..irs or grades. Required for all projects.
11. The original information submitted with the building permit
application included only the building plans. Neither the applicant
nor the general contractor submitted grading and drainage plans
advising of any proposed nhanges from the existing grades. The nor*h
and west building elegy•' .ons included in the building plans would
suggest no changes in gcd.es as no elevations or contours were shown
adjacent to each buildir-. elevation which is considered standard
practice for architects in the preparation of building plena.
Pdge 4 of 13
12. On May 20, 1987, the Building & Zoning Administrator Jeanne A.
Mabusth, sent a letter to the applicant advising that the permit
application was incomplete without the following required submittals:
1. Sign off on original resolutions at Teri Naab's desk - to be
executed by both you and your wife.
2. Engineering plans for sewer line realignment.
3. Executed easements by both you and neighboring property owner
- 20 feet width - 10 feet on either .,.Lde of line.
4. Revised survey showing approved locatin- } ,use, sewer line
and all other improvements.
13. Resolution No. 2172 conditioned approval on the applicant
submitting an updated survey reflecting new location of house on the
property, receipt of engineering plans for realignment of sewer line
and appropriate easement executed by affected property owners
providing access to new sewer line prior to issuance of a building
permit by the City.
14. On May 20, 1987, R.•11;3n " Mattson, the general contractor,
submitted an executed easemeo. that was taken over the entire property
rather than the 10 feet on e: -her side of th newly realigned sewer
line.
15. On September 9, 1987, the applicants executed a second access and
utility easement with the --erect legal description but Mr. & M-s.
Curtis J. Englund, property nr-ners to the south, have yet to complete
the easement doci,.r—nt on file at the City as originally agreed to by
applicants and appiicants' attorney, David Davenport.
15. The Cit•;- i'f persisted attempt to obtain the required
information tt.i the after -the lieation anO ced Mr. Mattson
for grading plans that would desiy..- a original g.aut;s. On July 17,
1987, staff received a letter from Mi. Mattson stating the f-llowing:
"We do not have any of the original elevations nor I we given
any at the start. We are unable to take elevation. n the area
under eon: 'aeration due to er.cavation partially done."
Mr. Kopischke, thq site planner, has submitted plai,s designating both
original and existing grades for Land Use Application No. 1177.
Page ` of 13
17. D & R Constructin• , the general (•c*,trac•tor., was continuously
under pressure to me e Parade of homes .i-ad 1 ir.e in September. The
advertising benefit,. the contra .:�-'s F Ar' icipation in the Parade
of Homes are obvious c to mention. :,he munet:iry rewar-cs for �,oth the
contractor and owner. Staff found it dif:ic,,-lt tc :,)tsin - ,stomary
information associated with the building proce.,s.
18. The revised survey dated 5/8/87 later subm; c to the City as
part of the building p!�!r,r^it application showed no _ — ,. cements
to the site that would su*lgest the need for grading r future
structures such as remaining walls within the surrt-•.n( i rrea.
19. In cons.',-- -!ration of the recent Land Use T,pplication No. and
�►P in'ormation submitted with the building permit, the Prildinq F.
c.:. r I staff as we -.I as the City Council were not made aware of any
i lac to alter the existing elevations of the prop(rty.
2o. On ne 5 and June 11, 1987, the Building staff conducted Looting
inspec, ' c.: : for she new r,,.cture and noted nothing unusual about the
exca%acions to the outside •f the footing structure. Excavations to
th(, exterior o: the footinc, tructure can range from 5 feet to 10 feet
dependi.no on tl:,. -proposed i. -Tht of the masonry/foundation wall to be
in6t.+lled a) e rete footincls. The next required inspection would
1:1(.: to inspec the --i ng
21. On July �, 19 e t• received word from a concerned neighbor
-f excavat ioi.s w, '..: n s .... ore yard of the property. The Orono
E.taf F site and issued a Stop 6 Order and
advi:;el the (ozctz,ic, )r violatiors. The inspection staff was not
� Pd t , , } hr zit, to (:o, lust a required inspection for framing until
�tirnc, i; 1,o 1 .ter part of August, the plun,?.iisq contractor,
i'o.,.„ •cn r r. r- r: Company, :r:c., re-routed the trur,iciva' sewer
lines or 4. City"a approval of the engiricerina plans (-
requires • , _ tions o � Reso l u`- i on Nc. 2172) and wi thout t
neceusai permits.
-3. In September of 1987, the City Staff was advis-c' ` tl
,,rincipal structure was placed over tie private water se: vice 1
that serves the residence to thr south of the Ciro,-,erty.
24. On July 10, 1987, the applicants filed for an after -the -fact
conditional use permit and variances application seeking i:nproval of
the follow ag:
Page 6 of 13
A. Per Sect:.on 10.22, Subdivision 2 and Section 10.55,
Subdivision 8, major alterations of lands within the 0-75 feet
setback area in olving excavations within 5 feet of the shoreline
and the remova , f hundreds of cubic yards of fill.
B. Per Sectio- .3.03, Subdivision 19 and 20, major alterations
of lands within 75 to 300 feet of the shoreline involving
proposed changes in existing draingage for 5+ acre watershed
providing a swale along the north side of the house instead of
providing retention in a ponying area and final transmittal of
surface run-off to lake via an underground tile as existed
before.
C. Per Section 10.28, Subdivision 5 (A), a building height
variance is required since alterations around the principal
structure would now classify the lower basement as a full st,-y
(per UBC, Definition Section 417.240) exceeding the allowed 30
feet height along the lakeshore side by 9 feet and 7 feet at the
rear.
25. The Planning Commission reviewed Application No. 1177 at their
August 17, 1987 and September 21, 1987 meetings and voted unanimously
to deny the after -the -fact application based on one or more of the
following findings noted by Commission Members:
A. The City would never have approved this type of grading
before -the -fact.
B. tpplicants have contributed to the drainage problem by
inert .king the footprint of the house threefold and by occupying
a poi in of the retention area that treated run-off.
C. :'he applicants never corrected the City's assumption that
drainage drained away from the lake to the retention area rather
than draining to the lake via the existing underground tile.
D. Drainage appears a convenient explanation to grant the
walkout design which never showed on the glans.
E. If the City was to approve an after -the -fact application of
this type, a negative precedent would be established in dealing
with future applications dealing with similar violations.
26. At the Councii meeting of October 26, 1987, the Orono Council
denied the after -the -fact application and directed staff to draft the
appropriate resolution notirl the following findings:
Page 7 of 13
A. The drainage issue was never raised in the original review of
Application No. #1129 and yet the Council is now asked to believe
that drainage is of major concern in the final restorat: on of the
property.
B. The City Engineer, Glenn Cook, has advised the Council that
their decision need not be based on the environmental preierenece
over an underground pipe vs the ground Swale option since there
is little difference in the effect on quality of water being
discharged into the lake. Given the fact that applicant has
removed an existing drain tile, Cock does recommend that the
method of maintaining drainage in the area must be addressed
since previous retention area ILas been altered and underground
tile eliminated.
C. Approval of the existing conditions would be a total
disregard of the City's lakeshore regulations and would be in
complete conflict of the City's Community Mangement Plan.
D. Approval of this application would establish a negative
precedent in the review of future land use applications that
involve major land alteration within the lakeshore protected area
and changes in existing drainage.
27. The applicants contend that their project has sustained serious
delays and greater financial burden because the City failed to note
grade changes.
28. Contrary to applicants' ;assertion, the substantial grading that
has taken place on this property would not have been realized b;the
mere discovery of a walkout Ou-ing the plan review or by some
irregularity in the excavGtions a` the time of a footing inspection..
29. Retaining walls are consider.(! structure and are classified as
hardcover. If such walls were originally planned, the applicants hid
the responsibility or obligation under the City's ordinances Lc
include the walls as hardcover in the application. The applicant. -
and/or uheir contractor failed to provide this information with their
original land use application or building permit application.
30. The applicants and/or their agents have removed trees within 0 to
75 feet of the lakeshore without first obtaining a permit from the
City, in vieiation of Section 10.22, Subdivision 3. The applicant has
not submitted any information to the City as to the number and type of
replacement plantings also required by that same Section of the Code.
Page 8 of 13
31. Throughout the meetings for Application No. 1129, the applicants
and/or agents failed to correct the City in their formal findings of
May 1, 1987, as set forth in Resolution No. 2172, that the majority
of drainage from the property drains to rear of the house to a
retention area. The surveys submitted with Land Use Application #1129
dated 3/10/87 and the survey submitted with the building permit
application dated 5/8/87 failed to show the catch basin and the
underground tile.
32. The general contractor's claim that he received only a permit
application form is not possible. Such form;; are not single sheet
handouts but are included with otter informat ; onal sheets and forms
that attempt to assist t:h- applicant through the plan review process
and also en3ure the City that all necessary information is received
with the building plans. The permit application and other handouts
are stapled together. Furthermore, the applicants' building permit
has staple marks in the left hand corner which i s evidence of the fact
that he received the necessary information and request for information
from the City.
33. The applicants have been allowed to occupy the residence under
special conditions of a Temporary Certificate of Occupancy until a l l
violations have been resolved against the property.
34. The major land alterations conducted within the lakeshore
protected area (0-75 feet from lakeshore) and the alterations of an
existing drainage area involving a five+ acre watershed are found to
be in complEte conflict with the following principals and goals set
forth in Ororo's Community Management Plan.
ORONO'S MANY MILES OF SHORELINE ARE ESPECIALLY SENSITIVE TO MISUSE OR
OVERDEVELOPMENT. As the interface between land and water, the shoreline
is ever changing. Shorelines are subject to continual erosion by wave
action., ice buildup or unstable soil conditions. Droughts dry out
vegetation and heavy rains or snow melt cause land slipage.
on top of these natural pressures, man is drawn to the lake and the
shoreline often becomes his battleground with nature. Lake access often
means active use and construction of buildings and structures causing
unnatural soil loadings, vegetation removal, and land alteration. Exposed
soil becomes more subject to erosion and man-made hardcover increases
direct runoff quantity and speed. Power boats increase wave action and,
more damaging, stir up the lake bottom causing release of nutrients and
increased turbidity.
The impact, of course, is a degradation of water quality, impaired lake
access and a change in the natural aesthetics which crew people to the
shore in the first place. Legal considerations become entangled when
lot descriptions conflict or become inconsistent due to changing water
levels or shoreline locations. Therefore, planning considerations must
recu,jnize the desirability o` human interaction with the lake while at
the same time providing for protection of nature's sensitively balanced
shoreline ecology. page 9 of 13
LAND USE - C.M.P. 4-6
A PRINCIPAL GOAL OF ORONO'S PLANNING PROGRAM IS THE PROTECTION OF NATURAL
RESOURCES AND ENVIRONMENTAL AMENITIES, PARTICULARLY THE WATER QUALITY OF
LAKE MINNETONKA. The Environmental Protection Plan emphasizes Orono's
unique environmental position in relation to the long-term health of Lake
Minnetonka. Land use and development will not be permitted at ;.he expense
of environmental protection. Retention of natural vegetation, light, air,
and open space will be promoted. Shorelines will be protected from erosion
and alteration. Wetlands and marshland will be protected and preserved
as wildlife habitats, unique open spaces and most importantly as the only
economically practical method of flood protection and _torm water runoff
filtration.
GENERAL LAND USE POLICY NO. 2 - C.M.P. 4-12
2. ORONO'S LAND USE PLANS WILL BE BASED UPON ENVIRONMENTAL PROTECTION
POLICIES. Land use and development must assure the
conservation, protection and preservation of sensitive
environmental resources in accordance with the goals
and policies of the Environmental Protection Plan.
Land use policies will encourage the wise use and
management of natural resources while prohibiting their
misuse, abuse, overuse or exploitation.
GENERAL LAND USE POLICY NO. 6 - C.M.P. 4-13
6. LAKE SHORELINES WILL BE PROTECTED FROM ALTERATION.
Shoreland areas, whether bluff, beach or floodplain,
are sensitive environmental features with significant
impact on lake water quality, aesthetic values and
land use function. These same factors act to draw
development which can be destructive if not properly
regulated. Natural vegetation in shoreland areas
will be preserved insofar as practical and reason-
able in order to retard surface runoff and soil
erosion, and to utilize excess nutrients. Clear -
cutting will be prohibited. In areas of sail or
wave action erosion, material stone rip rap
shoreline protection will be encouraged.
Page 10 of 13
GENERAL LAND USE POLICY NO. 10 - C.M.P. 4-14
10. PRIVATE STEWARDSHIP OF LAND AND RESOURCES IS PREFERABLE TO INFLEXIBLE
PUBLIC CONTROL. Private ownership, maintenance
and stewardship of the land, including open space
and many types of improvements, is favored over
public ownership as being in the best and most
beneficial interests of the property owner and
the public, providing for more intimate,
responsive and economical land management.
GENERAL LAND USE POLICY NO. 13 - C.M.P. 4-15
13. FUTURE DEVELOPMENT MUST ENHANCE THE ENVIRONMENT.
Land development should respect and enhance the
unique natural features of the site and the
general environmental assets of the community.
Preservation of natural views, vegetation,
drainage and general respect for unique site
features always produces more aesthetic
results and lasting value for the property
owner and the community than does wholesale
alteration of the landscape or mathematical
division to the highest possible density.
GENERAL LAND USE POLICY NO. 13 - C.M.P. 4-19
13. RETENTION OF NATURAL VEGETATION WILL LIMIT THE IMPACT OF URBANIZATION
AS VISIBLE FROM THE LAKE. Building heights will
`)e limited to less than the typical tree height.
Minimum green belts will be provided with pro-
hibitions against clearcutting o: excessive
thinning of vegetation. Natural vegetation will
be preserved on slopes and retaining walls will
be discouraged except when absolutely necessary
to prevent erosion, in which case they will be
screened with natural vegetation.
Pagc 11 of 13
35. The granting of the required variances would result in the
following violations of Section 10.08. Subdivision 3 (A) of the Zoning
Code with which the applicant must first comply before the requested
variances can be granted:
a) In review of the factual findings noted above, the plight of
this applicant was created by either he or his agents' actions
and has nothing to do with a unique hardship related to the land.
The house was to be adopted to the given land contours.
b) The granting of the requested variances would appear to serve
merely as a convenience to the applicant as there have been no
valid hardships demonstrated through the review of this
application.
c) The plight of this owner has not been created by the City or
its Ordinances but by the owner and his agents.
36. The applicants and/or their agents have had every opportunity to
provide the City and its staff with the requested information prior to
construction or land alterations so that adequate and meaningful
direction coulb have been provided. The intent and full purpose of
the City's Zoning Code and Community Management Plan have been
violated in a manner so severe that this Council must act to deny this
application. The City Council cannot approve the illegal actions of a
resident or his agents when similar actions would have been denied
through the normal review process.
PURTHERHORE, BE IT RESOLVED that the City Council of the City of
Orono hereby reaffirms conceptual denial of this after -the -fact conditional
use permit and variances application with the formal adoption of this
resolution and further directs Todd Waters and Dori Molitor -Waters to
restore the property to as close to original grades as deemed reasonable by
the City staff and its consultants and that the applicants and agents of
the City shall be guided by the following directives in the process of
this restoration:
1. The entire restoration of the property must be completed by June
15, 1988. If the applicants are unable to meet the established
deadline date, the City must be advised by June 1, 1988.
2. The applicants shall work with the City staff and its consultants
to restore effective drainage to the site with attention directed to
the size of the underground tile and adequate area needed to provide
retention of run-off received from surrounding watershed.
Page 12 of 13
3. The applicants shall apply for a building pe-m4.t prior to filling
around structures if structural or other repairs are required for
principal structure.
4. Applicants shall be responsible for maintaining adequate erosion
control for the entire yard area that remains in a distrubed state
until final grades and ground cover are restored.
Adopted by the City Council of the City of Orono, Minnesota, this
9th day of November, 1987.
ATTEST:
Dorothy M. Hallin, City Clerk James R. Grabek, Mayor
Paso 13 of 13
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. —
4. On March 19, 1987, the applicant applied (Application No. 1129) to
the City for variances to hardcover, the average lakeshore setback
line and lakeshore setback for the reconstruction of the existing
residence. The hardship cited as a reason not to.be at the setback
line on the face of the application reads as follows:
"Existing_ residence (location) land elevation would hinder lake
view."
5. Application No. 1129 also involved a request to realign the
municipal sewer line that intersected the east portion of the property
because of the need to expand the building envelope for the larger,
reconstructed principal structure.
G. At the April 20, 1987 meeting of the Orono Planning Commission,
the applicant advised that the existing house was to be removed and a
new structure and foundation was planned. Planning Commission
recommended that the entire structure be moved back only eight feet
instead of meeting the required 75 feet setback because of the
"topography". The principal structure was to be placed 67 feet from
the lakeshore and the lakeshore deck would encroach no closer than 59
feet, the setback of the former residence. The applicant noted if the
house was to be placed at the required 75 feet setback line, the lower
elevations to the rear would hinder lake views blocked by higher
elevations of the lakeshore bank.
7. At the May 11, 1987 Council meeting, Todd Waters was quoted as
making the following statement to the Council:
"Mr. Waters stated that the house was basically custom designed
to fit the lot and to take advantage of the best lake views."
B. Council approved Resolution No. 2172 at th,ir May 11, 1987 meeting
approving the variances as recommended by the Planning Commission,,
such Resolution noted the following findings for this application:
A) The applicant intends to construct a new foundation und- e
existing structure, hence he has the opportunity to moll ie
house back from the lake a short distance.
B) The proposed deck is to be 8' in width. Moving the entire
house and deck back 8' from the existing location will result in
no nc.w encroachment into the average lakeshorr% setback, will
result in no additional 0-75' hardcover, an. may actually
decrease the 0-75' hardcover.
Page 3 of 13
City of ORONO
RESOLUTION OF THE CITY COUNCIL
12. On May 20, 1987, the Building & Zoning Administrator Jeanne A.
Mabusth, sent a letter to the applicant advising that the permit
application was inccmplete without the following required submittals:
1. Sign off on original resolutions at Teri Naab's desk - to be
executed by both you and your wife.
2. Engineering plans for sewer line realignment.
3. Executed easements by both you and neighboring property owner
- 20 feet width - 10 feet on either side of line.
4. Revised survey showing approve) location of house, sewer line
and all other improvements.
13. Resolution No. 2172 conditioned approval on the applicant
submitting an updated survey reflecting new location of house on the
property, receipt of engineering plans for realignment of sewer line
and appropriate easement executed by affected property owners
providing access to new sewer line prior to issuance of a building
permit by the City.
14. On May 20, 1987, Rolland Mattson, the general contractor,
submitted an executed easement that was taken over the entire property
rather than the 10 feet on either side of the newly realigned sewer
line.
15. On September 9, 1987, the applicants executed a second access and
utility easement with the correct legal description but Mr. 6 Mrs.
Curtis J. Englund, property owners to the south, have yet to complete
the easement document on file at the City as originally agreed to by
applicants r,r,d applicants' attorney, David Davenport.
16. Following the Stop Mork Order and filing of the after -the -fact
application, the City staff persisted in its attempt to obtain the
required information for the after -the -fact application and asked Mr.
Mattson for grading plans that would designate original grades. On
July 17, 1987, staff received a letter from Mr. Mattson stating the
following:
"we do not have any of the original elevations nor were we given
any at the start. We are unable to take elevations in the area
under consideration due to excavation partially done."
Mr. Kopischke, the site pianner, has submitted plans designating both
original and existinq grades fnr Land Uro Application No. 1177.
F'age 5 of 11
City of OR()NO
RESOLUTION OF THE CITY COUNCIL
NO.
17. D & R Construction, the general contractor, �va:s continuously
under pressure to meet the Parade of Homes deadline in September. The
advertising benefits by the contractor's participation in the Parade
of Homes are obvious not to mention the monetary rewards for both the
contractor and owner. Staff found it difficult to obtain customary
information associated with the building process.
18. The revised survey dated 5/8/87 later submitted to the City as
part of the building permit application showed no other improvements
to the site that would suggest the need for grading plans or future
structures such as retaining walls within the surrounding yard area.
19. In consideration of the recent Land Use Application No. 1129 and
the information submitted with the building permit, the Building &
Zoning staff as well as the City Council were not made aware of any
plans to alter the existing elevations of the property.
20. On Jun, 5 and June 11, 1987, the Building staff conducted footing
inspections for the new structure and noted nothing unusual about the
excavations to the outside of the footing structure. Excavations to
the exterior of the footi..3 structure can range from 5 feet to 10 feet
depending on the proposed height of the masonry/foundation wall to be
installed above concrete footings. The next required inspection would
be to inspect the framing.
21. On July 2, 1987, the City received word from a concerned neighbor
of excavations wihin the lakeshore yard of the property. The Orono
staff immediately inspected the site and issued a Stop Work Order and
advised the contractor of the violations. The inspection staff was not
called to the site to conduct a required inspection for frarring until
August 1.0, 1987.
22. Sometime in the later part of August, the plumbing cc actor,
Robinson Construction Company, Inc., re-routed the munici sewer
lines prior to the City's approval of the engireering pens (as
required by conditions of Resolution No. 2172) and without the
necessary permits. The first installation was done incorrectly and
had to be rc-done by the contractor.
23. In September of 1987, the City Staff was advised that the
principal structure was placed over the private water service line
that serves the residence to the south of the property.
2.4. On July 10, 1987, the applicants filed for an after -the -fact
conditional use permit. and variances application seeking approval of
the following:
Page 6 of 13
GENEFL
City of OR(�NO
RESOLUTION OF THE CITY CCUNCIL
NO.
PC,_�CY 140. 10 - C.M.P. 4-14
10. PRIVATE STEWARDSHIP OF LAND A14D RESOURCES IS PREFERABLE TO INFLEXIBLE
PUBLIC CONTROL. Private ownership, maintenance
and stewardship of the land, including open space
and many types of improvements, is fav,jred over
public ownership as being in the best and most
beneficial interests of the property owner and
the public, providing for more intimate,
responsive and economical land management.
GENERAL LAND USE. POLICY NO. 13 - C.M.P. 4-15
13. FUTURE DEVELOPMENT MUST ENHANCE THE ENVIRONMENT.
Land development should respect and enhance the
unique natural features of the site and the
general environmental assets of the cormunity.
Preservation of natural views, vegetation,
drainage and general respect for unique site
features always produces more aesthetic
results and lasting value for the property
owner and the community than does wholesale•
alteration of the landscape or mathematical
divisicn to the highest possible density.
URBAN LAND USE POLICY NO. it - C.M.P. 4-19
11. A SIGNIFICANT AMOUNT OF NATURAL WOODLANDS AND OPEC SPACE WILL BE
RETAINED ON EACH PROPERTY. Retention of the
natural environment requires careful siting
and preservation of trees and open space on
each urban property.
URBAN LAND USE POL::CY NO. 13 - C.M.P. 4-19
13. RETENTION OF NATURAL VEGETATION WILL LIMIT THE IMPACT OF URBANIZATION
AS VISIBLE FROM TITE LAXE. Building heights will
be limited to less than the typical tree heicht.
Minimum green belts will be provided with pro-
hibitions ana.inst clearcutting or excessive
thinning of vegetation. Natural vegetation will
be presc,rved on slopes and retaining walls will
be discouraged except when absolutely necessary
to prevent erosion, in t-vich case they will be
screened with natural vegetation.
Paqe I of 1.3
To: Mayor Grabek & Orono Council Members
City Administrator Bernhardson
From: Jeanne A. Mabusth, Building & Zoning Administrator
Date: November 5, 1987
Subject: #1199 Richard & Gay Kelly, 425 Oxford Road -
Variance
Zoning District - LR-lA
Total Acreage - 2+ acres dry contigous lands
Pertinent Ordinance -
a) Amended Section 10.22, Subdivision 1 B, amended 7/14/86 -
Average Lakeshore Setback
"No principal or accessory structure shall be located within 75 feet
of the lakeshore nor closer --o the lakeshore than the average distance
from the shoreline of existing residence buildings on adjacent lots. .
"
Allowed - G
Variance - 65' encroachment
b) Section 10.22, Subdivision 2 - Lakeshore Hardcover
0-75' = 0 s.f.
75-250' 6,187 s.f. or 14.75% allowed 25%
250-500' 8,700 s.f. or 26.28% allowed 30%
No variance required
List of Exhibits
Exhibit A - Application
Exhibit B - Plat Map
Exhibit
C -
Prop Owners List
Exhibit
D -
Nei,' s Acknowledgement Forms
Exhibit
E -
Appl;cai,t's Addendum
Exhibit
F -
Original Proposal of 9/21/87
Exhit.:.t
G -
Average Lakeshore Setback of Lakeshore Lots Within
the Stielow Addition
Exhibit
H -
Septic Test Locations (Stielow ?addition)
Exhibit
I -
Revised Proposal of 10/19/87
Exhibit
J -
Burton Letter of 9/21/87
Exhibit
K -
Peterson Letter of 10/19/87
Exhibit
L -
First Floor Plan
Exhibit
M -
Building Elevations
Exhibit
N -
View Elevations From Property to South (Peterson Property)
Exhibit
0 -
Septic Sketch by Mike Caffron
Zoning File #1199
November 5, 1987
Page 2 of 3
Hardships -
These are hardships set forth in applicant's addendum (Exhibit E).
1. Large/mature trees required to be removed if .average setback line
is to be met.
2. Original house was located witnin the building envelope of the
proposed house - to build at th location wil' allow original
plantings around that house to rema-..
3. Locating the house at this location will require less filling and
alterations of land to maintain, current drainage pattern. Slightly
lower elevations to east will require filling around house to maintain
drainage.
Issues for this Review -
1. The neighbor to the south claims a major impact on their lakeshore
view if house is located 65 feet in front of average lakeshore setback
line (Exhibit K).
2. What views are to be protected by the average lakeshore setback
standard? Lakeside views. . .side views - What was the intent of the
Code?
Discussion
The Kelly's plan to build on the last undeveloped lakeshore lot within
the Stielow Addition. They seek a 65 feet encroachment variance of the
average lakeshore setback line to construct a two story 6,6004 s.f. house.
A small old farm house existed on this portion of the property at the time
of lot development and was removed some time in 1979.
Review Exhibit G, the Peterscns were the last to build their home on
the lakeshore side of Oxford Road. The remaining houses were built from
1979 through 1981.
A comprehensive look at the development of the shoreline properties
adjacent to Oxford Road would suggest that houses were placed less with
concern for lakeshore views but more in consideration of existing higher
elevations avoiding lower less stable ground Prea associated with higher
construction costs. This is certainly true , 475, 495 and 575 Oxford
Road. The building envelope elevations of 41..'5 and 425 Oxford road are
lower in elevation with very little grade changes (except for desiganted
wetlands area along shoreline). 475 and 495 Oxford Road were built along a
higher ridged area to develop lakeshore walkout designs, unfortunately for
the applicant, 250'+ feet front the shoreline.
Zoning File #1199
November 5, 1987
Page 3 of 3
The ct-.t-tred shoreline of this portion of the bay also adds to more
panoramic IA,., views than if we were dealing with straight line shoreline.
Staff wouli� contend, because of the extreme curve of the shoreline along
the north, that 475's (Peterson's) view from the viewing windows on the
Lakeshore side are not affected. The views from the windows on the north
side of the home would appear to be affected. The applicant has submitted
view elevations with the application because of the neighbor to the south's
opposition to the revised proposal (Exhibit N).
In dealing with average lakeshore setback variances, staff would have
difficulty recommending approval of an encroachment of the setback line
when there is any opposition from either of the most affected neighbors.
This encroachment involves an encroachment of the entire house.
The applicant has twice appeared before the Planning Commission tc
seek approval of two plans. The first involved an encroachment of 80 feet
and the revised plan also presented for your consi.deratiun involves an
encroachment of 65 feet.
Gaffron has been asked to comment on the existing septic test sites in
relation to the current proposal. He advised that if the house is totally
moved behind the average setback line, a shallow trench system can be
installed by taking advantage of the elevation above the 938 (Exhibit O),
but if the house is approved as proposed new septic testing will be
required to the east and a mound system required.
Planning Commission advised the applicant of his options since it
appeared they would be unanimously denying the proposal as follows:
1. Proceed with the denial recommendation to the Council and appeal
the Planning Commission recommendation.
2. Move all improvements behind average lakeshore setback line and
formally withdraw the application and apply for a building permit.
The Kellys asked the Planning? Commission to proceed with voting on the
proposal and they would await Council's final action.
Planning Commission Recommendation -
To unanimously deny the variance application of Richard and Gay Kelly
that would seek a 65 feet encroachment of the average lakeshore setback
line of the entire principal structure based on the following findings:
1. The applicant has failed to demonstrate sufficient or acceptable
hardships.
2. There has been no real attempt on the part of the applicants to
compromise or deal with the concern of the neighbor to the south.
3. The placement of the entire house in "ront of r.he average
lakeshore setback line is not a reasonable compromise.
Council Action -
7o give staff conceptual direction so that they may •-repare the
appropriate resolution for formal action at your next meeting.
1. Ll LC: (A U
Fee
Receipt �ZjU
Initials
A
CITY OF ORONO - VARIANCE APPLICATION
Initial Application Fee $150.00 ($50.00 per each additional variance)
Renewal Variance Fee $75.00 (no change from original application)
After -the -Fact Fees (Double application fee)
-------------------------------------------------------- •-------------------
PROPERTY LOCATION
Site Address 425 Oxford Road, I.,ng Lake, '-In. 55356
Property Identification Number (P.I.D.) 05-11/-23 41 002"'
Please check one - Is the property X abstract or torrens?
Attach legal description to application if not included on required survey.
---------------------------------------------------------------------------
APPLICANT Phone (home) 476-2,982 -*-, ,-r I
r
..-r ;ccrrc
Name Richard L. & Gav C. Rel k� Phone (work) 546-694'3" "`
Address: 400 Oxf ord Road, Long LakCity: I ong Lake Zirv,cL 535f1 - •Q
---------------------------------------------------------------------------
OWNER (if different than applicant) Phone (home) ;:_
Name Same Phone (work) �; . �� 4vvs i v Ta.r• 50
vv� c ✓i �7 i
Ad,- e s s :
City:
Date Property Acquired D(,( ember 10,r,
zip:
(month/year)
I Adio4x (do not) also own the adjacent parcels of land.
---------------------------------------------------------------------------
PRESENT USE OF PRCPERTY
Present Zoning District ran, F i I e I Resident 4,11
Present Use of Property lacant Land
Residential
Other (specify)
---------------------------------------------------------------------------
DESCRIPTION OF REQUEST Estimated Construction Cost $ 500,000-
Describe request in detail: Hease sec, attached 1)e-.cript ion.
----------------------------------------------------------------------------
VARIANCES REQUIRED
Lot Area Lot Width 'ardcover
Setback Variances ( Front. Sidi Rear)
Other Lakesh()re yet tGac k ri•Iv, uI,it i()n.
HARDSH I P
Describe undue hardship or practical difficulty resulting from strict
enforcement of zoning regulations:
Please see attache(l descrip icon.
---------------------------------------------------------------------------
DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe unusual property conditions preventing compliance with Zoning
Code Requirements:
Please see attacMel c esc ri p 1 can.
---------------------------------------------------------------------------
REQUIREED SUBMITTALS
1. Completed Application Form
2. Certified Property Owners List of owners within 150' (you can obtain
this list from Hennepin County Department of Finance A-603 Govt Center
348-3271).
3. Stamped, legal sized envelopes (#10) pre -addressed to each of the
names on the above list with no return address.
4. Certificate of survey including hardcover calculations as required.
5. Plat Map.
The Applicant and Property Owner must sign this application. Please
remember that your variance application is not complete if the above
information has not been included.
---------------------------------------------------------------------------
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 i true idcor ect to the best of his/her
knowledge.
Applicant's SignatureDate l
OWNERS SIGNATURE J
The owner hereby ackowledges and agrees to this application and further
authorizes reasonable entry onto the property by City staff, conEultants,
agents, Commission mem rs, and Council members for purposes of investiga-
tion and verification o ,this r
779"�
Owner's Signature f" Date
--------------------------------------------------------,�-------------
Applicant must have all submittal into the City offices 25 days before the
Planning Commission Meeting. Planning Commission 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 unable to attend a scheduled meeting, to please make arrange-
ments to have an authorized agen' attend in your place and to advise the
Building 6 Zoning Office of this change prior to the meeting.
RUN DATE 07/20/87
BATCH 003
38 05-117-23 41 0010
MOP ADDR 00475 OXFORO RD
=:ER HARE M J PETERSC!t A 0 PETERSON
TAXPAYER MELVIN J PETERSON
NArE/ADOR 11700 98TH AVE W
MAPLE GROVE MN 55369
38 05-117-23 41 0022
PM ADDR 00405 OXFORD RD
C;:11 NAVE A H BURTON JR i 6 L BURTON
TAXPAYER A H BURTON JR i G L BURTON
` N,J1 ADDR 405 OXFORD ROAD
LONG LAKE PN 55356
HEWEPIN COUNTY PROPERTY THFORMATION SYSTEM
PROPERTY OWNERS LIST
38 05-117-23 41 0015
00500 OXFORD RD
G 3 J woo
GRANT 3 JANE 11000
500 OXFORD RD
LC �G LAKE NN 55356
38 05-117-23 41 0023
00425 OXFORD RD
R L KELLY i 6 C KELLY
RICHARD L A GAY C KELLY
400 OXFORD RD
LONG LAKE MN 55356
REPORT NO. PI435401
PAGE 6
38 05-117-23 41 0016
00400 OXFORD RD
R & G KELLY
RICHARD L i GAY C KELLY
400 OXFORD RD
CRNdO Pod 55356
TOTAL BATCH 003 00005
I CERTIFY THAT 'liE FACTS REPRESENTED ARE AN ACCL,:,ATE At7D TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HEWEPIN COLATIY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF MY KNOWLEDGE AND BELIEF.
`I/t1L�
DATEltl BY !�-
Adjacent Property owners' Acknowledgement Form
I (we) Arthur & Gail Burton _ of 405 Oxford Road Long Lake `In.
print names) Tprint address
have reviewed the plans for the rroposer3 improvement or proposed use of the
property located at 425 Oxford Road, Lun(; ! ;,ke 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 Co cil ap�prova
Property Owner
Property Owner
Date
Date
1"17 2
If you have any information that may assist the City in the review of
this Lard Use Application, please submit your comments to the Building &
Zoning Office at least 10 days prior to the scheduled meeting date.
ISI
Adjacent Property Owners' Acknowledgement Form
I (we) Melvin & 011ie Peterson of 475 Oxford Road, Long Lake, Mn.
[print name(s) print address
have reviewed the plans for the proposed improvement or proposed use of the
property located at425 Oxford Rn,�d, L,nng 1,ak&lso referred to as Land Use
Application No. 114 .
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.
Property Owner
�-�/ � 7
Date
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 6
Zoning Office at least 10 days prior to the scheduled meeting date.
ATTACHMENT � •� .` � � . � �
sa..r. �.
Description of kOp UeSt
-the Lake,00re Setback Regulation provides that no
building maybe closer to the snoreline than the averaon distance from
tree shoreline of the existinq residence buildings cn adjacent and
nearby lots.
Information received frorn the pianninq and zonina
aenartmtents of the Gity of Urono irtci.cate that the proposed house
srr4r.tld be sited behind a line drawn hptween the southwest corners, of
the two adjacent houses ( the Burton and Peter -son nowc-!_s ).
U'_tr reOURSt is that * he City L.oi-fnc'i i Rfr•mi : vs tc., site
the house in front' of this line, th,:rt is clo%er to t!-,e lake by an
amount varyinq from fitteen Ob) to si+cty (Gu) feet. Please refer to
i.er t i t i cat a of burvey for proposed locat :.r-n.
Hc.ircis h I u
If trap hr-- -se is s i ter, ores.i---nt ly required a
substantial number of i sr eF- trees will have to bc-s cut down arA
removku. I hesw t rerts ' ia`v s: I i i4cf' f - �r r,i,any ywars a% some helve
reached nei ahts in exroc� s t,-f f i • t;v CiLl! eet;. If the variance is
+r artt r(* ; inRarry t. hfs,se .l ar yrJ t rt >ra : .. r i `s, � i f- f t intact pret�C"ry t nf; l '-tt'
wooded cherarter of t,hr orr:,reer•ty ari�I the ne,cfhuorhood.
.,�
d�Bcr' i pt i ors Ot Urnusuu., i Property Ccon(J i t i ornL, ;
The property had an original bui ldina on the site in
avproximately the same positi_-r, where we are requestinq to ideate our
house.
Hround the original building site are-• �-A substantial
plar,tir,e of mature trees. In addition to the trues, c;r•air,;:%pe and
pradir-o of the property is such, that if tr,4 variance is granted a
miniin,_em of da.sruotion will lccur to the area. In particular. the
nr,rthern irie of the lot neiar the pronvrty lire acts as a drrainape
course to the lake for much of the ;round area for this lot and the
adjacent one.
o,-- nr,anting this variance reeaue3-3t the property will
rei,,ain basicaily in the sar,.o configur^atit.-►, 3 it has seen for the
CUf e-1 US h0U"Fa.
%j
AV CRA&,E LRI�ESNGRE 5ETt3�LK OF
L AKESNUPL LOTS OF T14
STTELOUJ5 ADDTTTON
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yos
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COUNT r RGA
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EUGE 0
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A WA 41
W
ARTHUR 14. BURTON JR.
405 Oxfornl Road, Lone; Lake, Minnesota 55356
Ms. Jeanne Mabusth
Zoning Administrator
City of Orono
1335 South Brown Road
Orono, MN 55356
Dear his. Mabu.%Va:
September 21, 1987
0211W
Re: 425 Oxford Road
In line with our telephone conversation Friday, I spoke
with the Kellys this past week, -end, and we agreed with
them and with you that placing the proposed residence
15 feet closer to Oxford Road would eliminate any privacy
or view concerns that we might have. My wife and I
would have absolutely no ob�ection to a zoning variance
that would permit the Kellys to build the home as pro-
posed, but 15 feet closer to Oxford Road.
i
Cordiall
Thank you for your insights.
cc: Richard Kelly
Phone ((',12) 475-1767
VI K I N G HOLDING CO. 475 OXFORD ROAD, ORONO
LONG LAKE, MINNESOTA 55356
04T-19.19a7
_70
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THIS CORRIDOR NOT VISABLE FROM WI►NDo7
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PR000SEO N-rvEM�Y ' ---
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' CITY Of ORCNO, 4N \ �
- � a
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0 IC 30
AVERAGE SITE LINE PLAN
F:CN:.RD L KELLY CWELLINO
50�
: l
To: Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
From: Jeanne A. Mabusth, Building & Zoning Administrator
Date: October 13, 1987
Subject: #1205 Robert Maxfield, 4175 North Shore Drive -
Renewal Variance - Public Hearing
Zoning District - LR-lB
Pertinent Ordinance -
Section 10.24, Subdivision 5 (B)
Lot Area:
Required = 43,560 s.f. (1.0 acres)
Existing = 20,000 s.f. (.46 acres)
Variance = 23,560 s.f. (.54 acres)
Lot Width:
Required = 140'
Existing = 100'
Variance = 40' or 28.5%
List of Exhibits
Exhibit A - Application
Exhibit B - Property Owners List
Exhibit C - Plat Map
Exhibit D - Original Packet
Exhibit E - Resolution #2079
The variances were originally approved by Council on November 10,
1986; variance approval expires in one year. The application involved
five (separate tax descriptions) commonly awned adjacent parcels. The
applicant sought to create 2 building sites. The one site would retain the
existing house on .57 acres on Lots 51, 52 and part of Lot 53 and the
remaining building site would consist or .46 acres. The findings and
hardships in support of the variances are listed in the enclosed
resolution. The factual findings have not changed nor would the conditions
of approval.
Staff Recommendation -
To recommend approval of the renewal va- .ance application of Robert
Maxfield finding no changes in the factual find4A,gs of the first review,
such approval is subject to conditions set forth in the enclosed resolution
(Exhibit E).
Additional Comments and/or Planning Commission Recommendation -
October 29, 1987
Planning Commission recommended unanimously approval of the renewal
variance application of Robert Maxfield based on staff recommendation. The
enclosed resolution has been drafted for your consideration and acti-n.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
S i
NO. -- -
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.24, SUBDIVISION 5 (B)
FILE #1205
WHEREAS, Robert Maxfield (hereinafter "the applicant") is the
owner of the property located at 4175 North Shore Drive within the City of
Orono (hereinafter "City") and legally described as follows:
Lots 49, 50, 51, 52 and the east 1/2 of Lot 53, Highwood Lake
Minnetonka, Hennepin County, Minnesota (hereinafter "the property");
and
WHEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the
construction of a new single family residence on combined Lots 49 and 50,
comprising 0.46 acre where 1.0 acre in area is normally required, and a lot
width of 100 feet where a width of 140 feet is normally required.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1205.
2. The property is located in the LR-lB Single Family Iakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on October
19, 1987, and recommended approval of the proposed variance based upon
the following findings:
A) The existing house proposeu to remain on Lots 51, 52 and 1/2
of 53 is located 33' from the east line of Lot 51, 35' from the
west line of the east 1/2 of Lot 53, and 55' from the front lot
line, meeting the required setbacks for the LR-1B zoning
district. Proposed lot area for the existing house is 0.57 acre,
in this one -acre district, with a proposed lot width of 125'
where 140' width is required. The existing hardcover on these
three parcels is within the allowable limits.
B) The proposes] building s-te comprised of Lots 49 and 50 :ai 11
be of width 100 feet and depth 200' for a lot area of 0.46 acres.
This lot area and width, taking into account the •-equired yard
area, provides a buiding envelope of 80' width and 135' depth,
and would allow up to 6,675 s.f. hardcover, providing ample area
to construct a single family residence without the need for
further variances.
Page 1 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
m
C) Lots 49 and 50 were each assessed for 1/2 sewer unit and
front footage. Lots 51, 5� and 1/2 of 53 were in total charged 1
sewL.r snit and front footage. At the time of assessment 1970 LS-
1, Lots 49 and 50 were considered as a separate building site
even though the property was, at that time, vacant and zoned for
1-acre minimum lot size.
D) A separate sewer stub has been provided to Lots 49 and 50.
E) Both the proposed building site and the site with the
existing residence are similar in area to other common -ownership
lots which have been approved a'- 'Jui lding sites in contemporary
times in the LR-1B zoning
F) The proposed new building site oi, Lots 49 and 50 is larger
than 29% of the currently developed properties in the LR-lB
zoning district.
4. The Hennepin County Department of Transporation has indicated '-hey
will approve an access onto County Road 19 for the property.
5. The City Council has considered this application including the
findings and recommendations of the Planning Co-imission, reports by
City staff, comments by the applicant and the effect of the proposed
variance on the health, safety and welfare of the community.
6. Thy City Council finds that the -on-'i tions existing or. this
property are peculiar to it and do not api,, ienerally to other
property in this zoning district; that granting -variance would not
adversely affect traffic conditions, light, ais no, a fire hazard
or other danger to neighboring property; would not 'y serve as a
convenience to the applicant, but is necessary to all `e a demon-
strable hardship or difficulty; is necessary to preserve a `)stantial
property right of the applicant; and would be in keeping ith the
spirit and intent of the Zoning Code and Comprehen:-ive Pia )f the
City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the Orono
Cit ri _ hereby grants a variance per Municipal Zoning Code Section
10., . ,,uhdi-iision 5 (B) to permit the construction of a single family
residence on Lots 49 and 50 of the property, which lots comprise 0.46 acre
in area and 100 feet in width where 1.0 acre in area and 140 feet in width
are normra.11y required for construction of a residence; and grants variances
to Sectir:n 10.24, Subdivision 5 (B) for the existing residence on Lots 51,
52, and the east 1/2 of 53, which lots comprise a parcel 0.57 acre in area
and 125 feet in width where 1.0 acre and 140' width are normally required,
subject to the following conditions:
Page 2 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
1. County driveway access permit must be obtained and submitted prior
to issuance of building permit for Lots 49 and 50.
2. Payment of $225 sewer trunck charge and $430 park fee at the time
a building permit is issued for Lots 49 and 50.
3. Maximum permitted hardcover is 6,675 s.f. on combined Lots 49 and
r 7
4. Maximum permitted hardcover is 7,781 s.f. on combined Lots it t2
and east 1/2 of 53.
5. Combination of Lots 49 and 50, and combination of Lots 51, 52 and
53 must be completed prior to issuance of buiding permits for either
building site.
6. Authorities granted with this resolution run with th.: property not
with the applicants, but are permissive only and must be exercised by
application for a building permit within one year of the date o_
Council approval, or this variance will expire en tha date (November
9, 1988).
',. Violation of nn-compliance with any of the terms and
conditions of this L solution shall constitute a violation of t,ie
zoning code, shall automatically terminate any authority .,-ranted
herc,in, and shall be punishable as a misdemeanor.
The undersigned applicant have read, understood and hereby agrees
.o the terms of this resolution and on behalf of himself, his heirs,
successors and a -signs, hereby agrees to the recording of this
resolution it e chain of title of the property.
Adopted by tl e Orono City Cou:ici 1 on this 9th day of Nov mber,
1987.
ATTEST:
Dorothy M. Hallin, City clerk
Property Owner'-:)
James R. G:abek, Mayor
Page 3 of 4
Fe < <'
Receipt
Initial. _
CITY OF ORONO - VARIANCE APPLICATION
----------------------------- :
LOCATION
i
Site Address
✓•
V?- i/ /- L> iy uv'//
Property Identification Number (P.I.D.) a) - ii)-z ) 1/1/ ovyz
Please check one - Is the property abstract or �orrens?
Attach legal description to application if not included on required survey.
--------------------------------------------------------- � _---------------
APPLICANT Phone (home) y % J % 9DName JX�A .t I r zc/ Phone (work)
--Address : yid' L�.�"�' ---� - L ��-----City c J_ ri��-- `v�----Zip: 3-- --
------ s
OWNER (if different than applicant) Phone (home)
Name Phone (work)
Address: _ City: Zip:
Date Property Acquired z r (month/year)
I (do) (do -"et.) also own the -a cent parcels or land. r Ty c .:-.�s,n
-------...-----------k �• ���.'h� -
PRESBMT OS8 OF PROPERTY --------- -- _--- FINAWL `cct`E
t 3`o�votA
,C /�,1
Present ` Ring District _ ` `EN `` V
r +e
iN.EL� ii $.;.v
Present Use of Property h
Res/14W- 7i", NK YOU
iA �ti,A i1S:J`3
�t:ier (specify) . = g,
DESCRIPTION OF REQUEST Estir,.�. d Construction Cost $ /
Describe request in detail: 07- gray d
VARIANCES REQUIRED
I/�ot Area Lot V''i.dth Hardcover
Setback Variances ( Front side _ Rear)
Other
---- - ---------------------- ..- .---------------------------
HARDSHIP
Describe undue hardship or practical ,diff'cula.y result in7 fr m strict
enforcement of zoning regulations: /, „ �.•,,, e,1�� elf"
l~i
!!'e%G�_��. !�[ •r � S /t � , ,/ --
- — — — — — — • — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -L — — — — — — — — • — — — — — — — — — — — — — — — — —
DESCRIPTION ')P UNUSUAL PROPERTY CONDITIONS
Describe inusual property conditions preventing compliar,^e with Zoning
Code Requirements:
---------------------------------------------------------------------------
REQUIRED SUBMITTALS
1. Completed Application Form
2. Certified Property Owners List of owners within 150' (you can obtai:1
this list from Hennepin 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.
4. Certificate of survey including hardcover calculations as required.
5. Plat Map.
The Applicant and Property owner must sign this application. Please
remember that your variance application is net complete if the ay,
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 Fray all fees and/or
unusual expenses incurred in review of this a plication, and certiries that
the information supplied ,�s'true and co ec o the best of his/her
knowledge.
Applicant's Signature ``W�i Date
OWNERS SIGNATURE !
The owner hereby ackowledges and agrees to this application and further
authorizes reasonable entry onto the property by City staff, consultants,
agents, Commission membgr , and Council,ine e�s for purposes of investiga-
tion and verification his
Owner's Signature r� iyr;� Date
Applican must have all submitta.ks into the City offices 25 days before the
Planning Commission Meeting. Planning Commission 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 unable to attend a scheduled meeting, to please make arrange-
ments to have an authorized agent attend in your- place sand to advise the
Building & 7oning Office of this change prior to _ - meetinq.
r-
RUN DATE 09/16/86
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
REPORT NO. PI435401
PROPERTY OWNERS LIST
PAGE 1
BATCH 001
38 07-117-23 43 0OU7
38 07-117-23 43 0008
38 07-117-23 43 0009
`..
PROP ADDR
04201 NORTH SHORE OR
04203 NORTH SHORE DR
ASSN
C'-NER NAM
DANIEL C HARTNETT WIFE
EDITH H DONGOSKE
UNIDECH NOSP
-A'<PAYER
DR DANIEL C HARTNETT
EDITH DONGOSKE
FAIR N HOSP ASSN
NE/ADDR
1E54 W �.AYZATA BLVD
4203 NO SNORE OR
2312 6 ST S
elk
LONG LAKE r A 55356
MOUND MN 55364
MPLS MN'� 55454
38 07-117-23 43 0010
38 07-117-23 43 0012
38 07-117-23 44 0023
Fn^OP ADDR
C:.^;CR NAME
UNITED CH HOSP ASSti
STATE LAND DEPT
JIULtYS C HALLUM
TAXPAYER
FAIRVIEW HOSP ASSN
CITY OF ORONO
FAIR`{EW HOSPITAL ASSN
�►
t;-1ME/ADDR
2312 6TH ST S
P 0 DOX 46
2312 5�6TH ST
MPLS t'.4 55454
CRYSTAL BAY�M4 55323
MPLS MN\ 55454
38 07-117-23 44 0024
38 07-117-23 44 0025
38 07-117-23 44 0026
PROP ADDR
04190 HIC414000 RD
04182 HIGHWOOD RD
04174 HICHWOCO RD
C:.:!R NAME
JAMES P ZUCCARO
K N LIN93 LAN A M R SIt
B L BARTON A D W HALPER
�.
TAXPAYER
JA`=-S P ZUCCARO
JAMES POCHARDT
HERBERT B DEVAAN
'
t;GME/ADDR
4190 HIGHWOOD RD
4132 HICHWOOD ROAD
17605 SUSAN DRIVE
MOUND MN 55764
CRONO MN 55164
MIN;ETONKA HN 55343
r
38 0:-117-23 44 0027
38 07-117-23 44 0028
38 07-117-23 44 0029
PP.OP ADCR
04166 HIGHWOOO RD
06:50 HIGHWO03 RD
04148 HIGHWOOD RD
r
C'1;EA NAME
H A L DEVAAN
.. A�S,TET_NINGER A S J MAGRAIJ
JEFFREY AMARTENS
TAXPAYER
HERBERT A LORETTA DEVAAN
Jolt?, A�STEININGER
JEFFREY A MARTENS
NAME/ADDR
17605 SUSAN CR
4150 HItMW00D FD
4143 HIGHWOOD rD
MIN;ETONKA MN 55343
MOUND NM1 " 55364
rCUND MN 55364
38 07-117-23 44 0030
38 07-117-23 44 0038
38 07-117-23 44 0039
P►
FROP ADDR
04140 HIGHWOOD PO
04109 NORTH SHORE OR
C14';ER NAME
R J SHEERAN A J F DONKAY
WARREN J KLIPSTEIN
WARRE .J KLIPSTEIN
TAXPAYER
RANDY J SHEERAN
JAMES A LISBETN CLEARY
JAMES \�ISBETH CLEARY
i
hAY.E/A2DR
4140 HIGHWOOD FD
4109 NO SHORE OR
4109 NOS ORE DR
'►
MOUND t^I 553t4
:OUND MH 55364
MOUND MN 55364
r+
38 07-117-23 44 0040
38 07-117-23 44 0041
38 07-117-23 44 0042
;PCP ADDR
04150 HIGHWOOv P7
C. ;ER NAME
J STEINIt;GEP A S MACRAW
R A A MAXFIELD
^. A A HAXFIELD
-AXPAYER
J A STEININGER A S J MASRAW
ROBERT A ANN M MAXFIELD
ROBERT A AK4 M MAXFIELD
r
ti-!iz/ADDR
4150 HIGHWOOD RD
4175 NCRTH SHORE DR
4175 NORTH SHORE DR
nOUtl MN 55364
MOUND t;N 55364
t<OU`;D MN 55364
�
S
r
%
RUN DATE 09/16/86
BATCH 001
38 07-117-23 44 0043
PPOP AOOR
C:.::ER NAME R 4 A MAXFIELD
TAXPAYER ROBERT b ANN M MAXFIELD
NAME"/AODR 4175 NORTH SHORE OR
MOU:SO r�i 55364
38 07-117-23 44 C046
PPOP A:OR 04191 NORTH SHORE OR
C.2I_R N:M-E JCHN R AKJERSON b WIFE
TAXPAYER JCHN b LILIAN ANDERSM4
t:AY.E/A:)DR 4191 NORTH SHORE DR
MOUND VN 55364
38 17-23 44 0049
COP AODR
C"NER NAME LEMBIE STEN:lERG
T:-PAYER JUNE TOUVE
�;A :E/AODR 1440 SUMPTER, AVE NO
GOLDEN VALLEY MH 55427
38 07-117-23 44 005',
PROP ACDR 04140 NORTH SHORE: C7
=24ER N011E DAVID J KAUFORD ETAL
TAXPAYER DAVID J KAUFHOLD
NAME/ADDR 4140 NORTH SHCRE OR
MOLNO MN 55-64
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 07-117-23 44 0044
04175e NORTH SHORE DR
R b A kAXFIELD
ROBERT b NN M MAXFIELD
4175 NORTH };ORE OR
MOUND N't 55364
38 07-117-23 44 0047
04196 NORTH SHORE DR
LEMBIE J STEMERG
JUNE TOUVE
1440 SLMPTER AVE N
GOLDEN VALLEY MN 55427
38 07-117-23 44 0050
LEM3IE',S STENBERG
JUNE TOLNE
1440 SU:IPY�R AVE NO
GOLDEN VALLEY HN 55427
38 07-117-23 44 0053
SHEILA M JOIINSON
SHEILA M JCHN!:C1d
3812 2 1/2 ST NE
MPLS M:t 55421
REPORT NO. PI435401
PAGE 2
38 07-117-23 44 0045
R b A I�XFIELO
ROBERT b' M MAXFIELD
4175 NOR SHCRE OR
MOUND MN 55364
38 07-117-23 44 0048
LEMD4 S STENOERG
JUNE T'OUVE
1440 SLlhPTER AVE NO
GOLDEN VALLEY MN 55427
38 07-117-23 44 0051
LEMS S STENBERG
JUNE TqUVE
1440 PTER AVE NO
GOLDEN VALLEY MN 55427
38 07-117-23 44 0054
SHEILYI M JOHNSON
SHEILA,,M JCHttSCN
3312 2 1/2 ST N E
MPLS tN 55421
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ArCURATE AND TRUE
REPPESENTATICtt OF INFORMATIO4 AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PRO ERTY TA'dATION, i0 THE BEST
OF M( FNCWLEDGE AND BELIEF.
DATE 8Y
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V
To: Mary Butler, Mayor
Mark E. Bernhardson, City Administrator
Orono Council Members
Orono Planning Commission Members
Fron: Michael P. Gaffron,
Asst Planning & Zoning Administrator
Date. October 13, 1986
Subject: #1084 Robert Maxfield, 4175 North Shore Drive -
Variance - Public Hearing
List of Exhibits
Fxhibit A - Application
Fxhibit B - Plat Map
Fxhibit C - Property Owners List
Exhibit D - Survey
Exhibit E - Sewer As -Built Map
Exhibit F - Hardcover Calculations For Each Building Site
Exhibit G - Tax Book Information, 1/17/86 and 1974,
and Sewer Assessment Breakdown
Pertinent Facts:
1. Entire property includes 5 parcels, all separate for tax purposes
- al'. 5 parcels apparently purchased by Maxfield at same time - zoning
has always been 1 acre, since prior to Maxfield's purchase.
2. House sits on Lots 51 and 52, with ample setbacks, 33' from
proposed east line and 35' from existing west line. Existing
hardcover for Lots 51, 52, and 53 is well within the prescribed
limits. Vacant lot (49 & 50) has an allowable hardcover of 6,675 s.f.,
ample for the intended residential use.
3. Lot Area and Width:
total of Parcels
standards For LR-lB
Froposed: 1) Site With House
(Lots 51, 52, 53)
2) Vacant Site
(Lots 49 & 50)
Area
Width
45,000 s.f. (1.03 ac.)
225'
43,560 s.f. (1.00 ac.)
140'
25,000 s.f. (0.57 ac.)
125'
20,000 (0.46 ac.)
100,
4. Sewer is available and has been fully assessed to the proposAri
vacant building site:
Lots 49 and 50 were each assessed �, sewer unit and footage but
not the $225 trunk charge (to be charged with building permi.t).
Lots 51, 52, 53 with house were charged 1 sewer unit plus footage
�.nd trunk charge.
Zoning File #1084
October 13, 1986
Page 2 of 3
5. a) In the LR-lB Zoning District, as of 1984:
657 existing developed single family residential units
634 of 657 (or 96%) meet or exceed 0.20 acre
508 of 657 (or 79%) meet or exceed 0.40 acre
465 of 657 (or 71%) meet or exceed 0.46 acre
363 of 657 (or 56%) meet or exceed 0.60 acre
b) Recent lot area/width variances granted to common ownership
lots in the LR-lB District:
Hmstd Lot Vacant Lot
Application Waamw
#830 Smiley, 2720 Pheasant Rd .65 ac .59 ac
#1051 Glesne, 1475 Cherry P1 .68 ac .64 ac
!Maxfield Request . . . . . . . . . . . . . .57 ac .46 ac
c) Substandard single separate ownership lots granted build -
ability in recent history in LR-lB District:
Application #607 Bredeson, 1410 Rest Pt Rd
#632 Hommeyer, 477 Park Ln
#658 Coddon, 4015 Dahl Rd
#780 Bloms, 4195 Forest Lk Dr
#802 Munsell, 4100 No Shore Dr
#833 Brockopp, 932 Wildhurst Tr
#858 Howells, 1448 Park Dr
#873 Clifford, 4760 No Shore Dr
.53
ac
1981
.52
ac
1981
.44
ac
1981
.39
ac
1983
.23
ac
1983 (expired)
.40
ac
1984
.60
ac
1984
.39
ac
1984
d) Single separate ownership lots denied buildability in LR-lB
District in recent history:
Application #820 Fisk, 493 Park Ln .25 ac 1984
#912 Hedlund, 3990 No Shore Dr .22 ac 1985
e) Common ownership lots denied buildability in LR-lB in recent
history:
No contemporary applications found in LR-lB.
Discussion:
Regarding Access - given that the proposed building site is on County
Road 19, a Hennepin County Driveway Access Permit must be issued.
Both the County and the City generally prefer a shared driveway to
minimize accesses directly onto the County Road. However, the
existing bushes make the existing driveway very hazardous for getting
but onto the road. Applicant should be advised to contact Hennepin
County Department of Transportation as soon as possible reqarding the
access permit.
zoning File #1084
October 13, 1986
Page 3 of 3
Regarding Variances - Given the facts as listed in 1 thru 5 above,
this application appears to be consistent with other applications that
have been approved in recent years. A second sewer unit was assesscA
even though the zoning at the time sewer went in was 1 acre. The
vacant lot at 0.46 acres is larger than 29% of the existing developed
LR-lB properties.
Staff Recommendations:
Staff would recommend-- a,oproval of lot width and area variance
subject to:
1. County driveway access permit to be obtained and submitted
prior to Council review of the application.
2. Payment of $225 sewer trunk charge and $430 park fee at the
time a building permit is issued.
3. Maximum permitted hardcover of 6,675 s.f.
4. Combination of Lots 49 and 50, and combination of Lots 51, 52
and 53, prior to issuance of building permit.
043
�Ertif�ctttlr.®f fur
Survey ForBO B 13oo1c page F1IQ_,_
?o a
�9)
� / r
107153
`ZS � LOT 5' Z /
't !OT
0
46'
Q= T,eO N S E 7-
0 = IKo i/ rNPL
SCHOBORG
_ ND SURVEYING
INC.
no. 133
972.3221 Otu..o. MN a5*12a
fib\
'i 4,10 e
. ry.eFo
LOTS 47 IWO SD 1 WGn'!-,000 trNkC
M I N/V F ?'on/H!1 , MEh 1/E PiN cau ARTY,
/✓ ME So -7-A -
I HEREBY CERTIFY THAT THIS PLAN, SURVEY
OR REPORT WAS PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AN7 THAT I AM A DULY
REGISTERED LAND SURvEYGR UNDER THE LAWS
OF Tt ST TE O MINNESOM
LATE / REGIST ON NO. 14706
-- ---"" ROAD 19
c o u �� T �• - - -
dOo
rl 4 8
- 49
50
51
5 SERviCI
5
5 OF
� � .•
7 DP
I H
� 0+92
iNG
13
P Of S �,J EO
/n-�
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13 LCNG
7' LP
236 5L 6'
v IIOC L3
�r LM 24" �24"
8A$$ I� Ei.M 9, BASS* OCa MAPLE 7
E '
I 2.3c
; 12
M y 3•' 32. 13 LONG
60' 31 35.— / MAPLE \ cmp '345 2f.0 7 CP
/ J 29
+3 LONG I
24' 7 GP •
/ S6"
/ ELM I WjwcOD
13 LONG -
7 • DP
i 2t45
13 LONG O+ 9U a ^ 3 3
13' LONG
j M., NE COR. OF OLANTER
4 AT AR EN t.— 946.69
o
5 6 ---" - N c� N 0
/ M 1 2+.37
13 LUNC
BETWEEN COUNTY ! ROAD'
r9 a, H, i G NwOoD
# 08
Certificate. ®f our ey
Survey 'For1i0 B q x/F'1 D eook�, pa 'o —0�7_ File�^
G
SAO
z
y PA
�07 5-
4
mr
O/ -
S-wF
Of
r/ s 3
�Ps l LOT �7 Z / l
/ LOT
407 SD
` 1..D70 / 10
5' r
O 49
5�-
J
500
Sp
/
/ 5,0
SDA[E / 40 ' S�
0= =,�aN/ r/ L LDTS 49 fIND 5"D ► 0611W000 LiIA'z;
M / /✓ IV E TD N K A , NE ✓N E P1 N COL/ n.17-Y l
1✓n/ESoT,q.
SCHOBORG I HEREBY CERTIFY THAT THIS PLAN, SURVEY
j
ND SURVEYING C REPOnT WAS PREPARED BY ME OR UNDER MY
INC. DIRECT SUPERVISION AND THAT I AM A DULY
REGISTERED LAND SURVEYOR UNDER THE LAWS
Itc s."0 i13 OF ZI' ST TE 0 MINNESOTA:
/
DATE REGIST R X YJON N0 T-4790
7- r 3'
ORONO HARDCOVER C'LLULATION 1.08
LAKESFORE A. Existing B. rxisting C. Existing D. Proposed Prcp-�sc l:oc'.
hardcover har :,7ovc.r :.�
SETBACK lot area hardcover hardcover -AC ✓Fr
perc. stage , F 'rcento
ZONE in zone in zone age
[(BA) in zoneA) v 100J t
0-75'
75-250
250-5jC'
500-i000�
Directions:
0
sf s` 7
s sf
(,q, _2L
_ sf sf
zs
eioo 0 r 2 Z 15" sf
( fatF 4gccu�To�,s�
82 /o Ajd nJ E
f %, r1
of _ .--- --- `� - --
s f
/V0/ +E 35
A. Existing Lot Area in Zone - include_ total sc,-.iare footage of dry b-__ able la: '.
within the specified zone.
B. Existing Hardcove: in Zone - includes the square rootage of existing rcofs,
driv?ways (gravel or paved) and ot,hac rain-impervi^ug surfaces wi'..:+in the s —ified :e-ne.
C. Existing hardcover Percentage - divi6p the nunbeL in B by the number in A a••.-. .n:at _ply by ? 0.
D. Proposed Hardcover in Zone - incliid a the existir.y 'Zar-:^_over plus all propose' additional
hard c:;ver .
E. Pre-, ^d Hardcover Percentages - ividc the number in D by the number in A and .:,ulti.Dly
F. Al- T°a:d,:UVer Percentages - the percentages in column E for any setback zone eYci•.__•
the aiiowed percentages in colum.. F, you should contact the Inning Departmen -!t 473-7357
to discuss the possibilities of abtaining •-ariance. Generally, if a c,ncurrent removal
of existing hardcover matches the additional i,ardcover-roposc 3, resulting i% no net increase -
of hardcover in a specified zor..:, a .--iriance ray not :: :cessary.
LAKESHORE
SETBACK
ZONE
0- 75'
75-250'
250-500'
500-1000'
Diracn.
-
rRONO HARDCOVER CALCULATION VIORKSiiEf:T
C. Existing E. 'ronosed
A. Existing B. Existing hardcover _c-U. F. . Allowo
lot area hardcover h,rdccwer hardcover
in zone in zone percentage zonr i ?nta-ge
[(BA) x 100) ( x 100', percentage
. sf Sim "�'- -- sf
sf Sf
_ sf sf
i��,SDfl�
� ,goo sf f
35
Ming Lot, Area in Zonr - includes the total square footage of dry buildable land
within the specified zone.
B. Existing Hardcover in Zone - ir.cludes the square footage of existing roofs, de_%s, sid-,walks,
driveways (gravel or paved) and oth^r rain -impervious surfaces within the spr;::fied zone.
C. Existing Hardcover Percentage - divide 'he number in B by the numb, in A ana r.,ultiply by 100.
D. Proposed Hardcover in Zone - includes the e- ting dcover plus proposed additional
hardcover.
E. Proposed Hardcover Percentages - divide the ,.umber in D by the n• .aber in P - .t: r-.il tiply_by .10C
F. Allowed Hardcover Percentages - if the percentages in colu*in b f-,,r any set,, ck zone excded
thc allowed percentages in column F, you should contact the Zonii,.g Department at 473-7357
to-3iscuss the possibilities of obtaining a variarce. Generally, if a*concurre t removal
of :.:isting hardcov r matches the additional hardcover proposed, re_ulting in net increase
of hardcover in a specified zone, a variance may not be necessary.
1
filv►irt(ll:i' LAh : MTKi1
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. ME GA SeJfiki Mtn i77-3
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MOULD y'i 55304
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33112 It.li:-.G 5t Sc'r.ix o3 Iu
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7—�
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Mt-AFIFLi) raaZ4 1 T
4175
.,Out.'
J 4l r
2
-7
R^7
IT W. P:43341'•
(BASE NC'7 "5
-"
PRC?ERTY I.D.
4 T;'P RS C9 SUFX
7-117-23 4' = 1
JjaASE k0.-*lM t !
ATY rT
.r 16 soSUFX
jT
A09
AM
RUN DATE 01/17186
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
REPORT N�. P:433411
104 Tn P n
METES ANO
DST 1zu0 DST
--
R & A MAXFIELD
099 9900510008889
"HIGHWOOD LAKE Mlrr4ETO3KA-
049 42307 4700 07-I17--! 44 �'41
P^-°^^T 6 A`r4 M MAXFTFI
O
0-1.. -
----
7.115NJA N SHJR [;:t
STATUS: UaNLtIT
MOUND MN 55364
SEC-r.MSTD REF ID 07-117-23 44 Vj44
TAXA.LMARKET
QJAL FT a ANT
93.58 DIVISION NO
TAXABLE ASSESSD
792 FD StARED ASSD
DIVISION DATE
RFNTAL TAX
0 AmcA PATE
0^3 SEE
IT J AMT
IF PROJECT N .
TAX EEVY/DESCMPTIFIN
NM TDFR P RAT nI!YT
^ Art Dr r),1
nwl !•nSE� P•1'E2 N'^AFE PI.4-Kr-,T
N R >. 4 bi.5ij
4.4 9
vC
WASTO CR
45.14
NMSTD CR ASSD 792
TOTAL T1X j5.44
IOT L AID
ANT L..YAID 38.44,
OWNS
M('RT CM�DEIL_O�AV W T ON NAME p E.�.LOT
LOT PLAT PARCEL Prr'ir Tq
SN lwr RG
TAXI NnNci JDN_..
ROW NAMc ADDRf SS
ACM•FAi�N WIN S— c�koi!r RTY�JKt1S
METES A,tiD BOUNDS
DST SHD DST
R F, A KA0 EL
•. U
N bHJ .J L K NYC
4 b. 7- - 44
ROURT i ANT( M MAXFIELD
CR0.00 277 3
_4175 NORTH SWIR DR
___
3[CHASNT
Rif ID 07-117-25 44
0044—
MMO i J
TIIXF^qAjA'+KET
I� 4(IQ Ol'ALTfYT ANT 134,M
DIYiST�Q
IYISION DAI
TA71F,L A SESS
RENTAL TAX
, d-:U SNAFc _
FD AREA RATE
.1003 SEE ID S
IF PROJ A"tT
IF PROJECT NO.
TAX LEVY/DESCRIPTI
H,4STDF.<TYP RATE AMtlU'4T
LAND BLDG MACH
C",?J% OASE1 OASE2 •'':'ASE h:ON-IRST
1 1 J`h
GfN TID AX
H �1�'.547 1 ;4i.A5
4 4
e
G
i C—,;.L TAX 91.24
AMT 1^loA1D 91,24
TOTAL PAID .f10
OWNER
MORT CODE/LOAN 0
ESCROW NAME/ADDRESS
ADDITION NAME LOT CLK PLAT PARCEL PROPERTY I.D.
ACREAGE SCH WTR SFW PPmrFRTY AQDRESS YN TKP RG CO SIIFr
TAXPAYER NAB/ADDRE3
h-ET11 "A"I U:+
_ DST-m-G,
R is A MAXFIELD
M9 49'V,Tj1C0QAp60
"HIGHMOOD LAKE MINHETC"'A"
f151 41.100 4r1r1 n7-117 3 44 QC ..j
X',7ac'RT--1 ANN M liAXPIE
G' .
175 NOR-M SNORE DR
STATUS: CURRENT
SEC-H"'STD REF ID 07-117-73 44
0044
M^:•!O MN S5',A4
3RT k;. P14334�i7 RUNDATE01/17/96 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT N0. PI4334ol�
1926 TAX COOK
Yh0.A8 TAXABLE MARKET 4,400 CUALIFYING ANT 134.6A DEYISION MO
Arw x° ` G r
AtuTAI TEE--S- _-.._...- FDf^E4..RhTF y...��-..1��.-.. SEEto
TAFA^LE M.— _
'T;il- E-A_.�,
RENTAL TAf
iF P.^OJ AM
TAX LEVY/'E::PIP':
C." .r --
06A,
CI.:: R
-r•vr.TER w/�• ..
JBSFPN A CL!S✓. R•
Jl.:+arrViZ"-1- ,r
13129 EDEN ;OA:R:E
EtS4 PRATA'F -.
L7jffg-5S-A-j.
TAX►^zE ps"-r—
YAx.._.h M�i1:.-
RENTAL TAX
If PF-.J AwT
TAX
r ^?
RtA DATE 01!17/e6
f
t:0.
1.68
IROPERTT I.0
Tti'P RG 00 rxX
L:..-, >T
"7
22
Ti:P RG G3 SJFX
17-23 i4 0014
A'f
62
Y .J.
LIIP A4 GO SJFx
JLk 6 A:..Y n NAA•IC' a
4t75 ':2RTH SHORE DR STATUS: CURRENT
P^I 55364 SEC-HMSTD REF ID n7-117-23 /.4 m44
cn
rca
Rue DATE 01/17/86
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
RE^4RT
NO. PI4334J!
1996 TAX VOK
TAX.^LE MARKET i C'l
DIrALTFY:':, fyi
xw
114.66 DIVISION NO
-N
i`- X -• ASSE ,1rO
'.I,.::FJ S_D
".`. DAfE
RENTAL TAX
fD A2EA RATE
.O.'0 SEE ID S
;F F'!J A
JF r")1 CT 11.
TAX LE'.Y/DESCRIPT:C4 IC:STDFRTYP
RATE A!t%-:IT
Lf'10 CLDG MACH OW12 CASE1
OASE2
NH2ASE NON-HMST
rEN T•X H
n 1ag c- x
7.` 0
1t
TOTAL
tu;A: rFx1 :Z
PAID .03
ANT UNPAID
134.66
Ur':.c•7MORT
CODVLOAN 0
A.^.D:,IUN N;LNE
LOT ULK PLAT
P..ALLL
FG-r£FITT I.V.
TAXPAYER NAME/ADDRESS
ESCROW NAME/ADDRESS
ACREASE S:H WTR SEW PROPERTY
ADDRESS
SN T:P R. CO :UFX
rE*ES A,:, 9OU70S
nST SHP CST
R S A r.AXFIELD
099 9900510008889
"HISH:'OOD LAKE MINNETON%A"
052 4M0 5000
07-117-23 44 CC44
Rf'-IT R OYY M PA%FICID
3 4175 ^RTN '�HnFf �R
- r
Z17) h,,:t TN'SN� R
•- TATUS. Cl1riREN
NLL':i? 1'11 55364
FRI-hISTD REF ID 07-117-23
44 0341
TAX -LE M;.h , , 79,65
J l Y I:b kit,
UN I.
TAXI: LE ASSESSD 10,728
FD SHARED ASSD
DI1d:SION DATE
f FMT," TAX
FD AREA RATE
,�__'0- _ `FE ID S
-
I�iht0j AA
RO�g,W Z.
TAX lE'✓►/DFSCRTPTIPN M•iTnPRTYP RATE A'•"114T
Lf•r9 P'.nr
rAr4 nNVT PA'E1
PAt_9:2
irgn A[t Nn.l-t{y;i
Lz- AX
,•� -
Ht+STD CR
611.44
KMSTD CR AS SD 1J,i'3
TOTAL TAX 70.P6
of VA
kiT u,.r,
. . 66
CsT!Fq
r^RT C49E/LOA4 R a001TTON NAME
LOT CVK P+.A
PARCEL
PRnnFRTr I D
X
'T Y
L-�r:v (liw.: %AJUxLS
Nt�TLS W H Y YUrtK
R S
SN T1 r' kecrSUF
hiTES ANC 6OU"S
DST SHD DST
16.AIIELD
ulvoj5luujJEOVt�
KE Klt"IETUNKA
U53 Qjou7-
7-i 4- =-
R06ERY Z ANSI M MAXFIELD
000.00 277 3
4175 NORTH S-CIE DR
STATUS' CU"PENT
► mn-7
M576—A /-
4-779-4
192
TAX;, -LE
TAXABLE ASSESSD ,319
FD SHARED ASSD
DIVISION DATE
RENTA TAX
FD A"rA PATE
SEE 10 S
�IAT
If kJ'Jr f. .
TAX LEVY/DESCRIPTION MISTDPRTYP
PATE ArO1tNT
lf•ID PLDG
MACH OW4% nfMFl
PAcc
NVRAcc ttnN-H'K L
1
zXr TU to
TI`TAL TAX 33.66
FErCAL TAX
IF FFOJ tMT • __
TAX LEJY/ZE.:FJr'�::-�I
t rEt!Pt '
rp
F.-'i DATE :.TI".-t
C:-r9
TfrPAYTR NR'tT *rtt'
KE:Tf� Nam.'.•. �
fST'I RF n-•nt
-
P O C' x t'S
I-fT k. it.ED
RENTAL -;X
if P"ll' fxT
TAX LEVY/:ESCR:PTi^Y
ExE"%T
TAXPAYER NA:'i
METES A\ ---
IRENE M ',S:' ;
IPf'.r '+
RICE"
RJN3DATE 01/17/86 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. P14334013
1986 TA% eCOK
CC9
RUN DATE 07/17/a5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 20 79
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.24, SUBDIVISION 5 (B)
FILE #1084
4HEREAS, Robert Maxfield (hereinafter "the applicant") is
the owner of the property located at 4175 North Shore Drive
within the City of Orono (her(-iinafter "City") and legally
described as follows:
Lots 49, 50, 51, 52 and the east 1/2 of Lot 53,
Highwoorl Lake Minnetonka, Hennepin County; Minnesota
(hereinafter "the property"); and
WHEREAS, the applicant has applied to the Cir.y for a
vari ^ncP to Municipal Zoning Code Sections 10.24, Subdi . ision 5
(B) permit the construction of a new single family residence
on combined lots 49 and 50, comprising 0.46 acre where 1.j acre
in area is normally required, and a lot width of 100 feet where a
width of 140 feet is nor.nally required.
NOW, THEREFORE, -'F IT RESOLVED by the Oity Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1084.
2. The property is located in the LR-lB Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on October 20, 19,6, and recommended approval of the
proposed variances .rased upon the following findings:
a) The existing house proposed to remain on lots 51, 52
and 1/2 of 53 is located 33' from the east line of Lot
51, 35' from the west line of the east 1/2 of Lot 53,
and 55' from the front lot line, meeting the required
setbacks for the LR-lB zoning district. Proposod lot
area for the existing house is 0.57 acre in this one -
acre district, with a proposed lot width of 125' where
140' width is required. The existing hardcover on
these three parcel:,; is within i ho allow.-ihle liarits.
Page 71 of ;
City of ORONO
RESOLUTION OF THE C! i Y COUNCIL
NO. �0 79
b) The proposed building site comprised of Lots 49 and
50 will be of width 100 feet an_, depth 200' for a lot
area of 0.46 acre. This lot area and width, taking
into account the required yard area, provides a
building envelope of 8C' width and 135' depth, and
would allow up to 6,675 s.f. hardcover, providing ample
area to construct a single family residence without the
need for further variances.
c) Lots 49 a were each assessed for 1/2 sewer unit
and front fooudge. Lots 51, 52 and 1/2 of 53 were in
total charged 1 sewer unit and front footage. At the
time of assessment 1970 LS-1, Lots 49 and 50 were
considered a: a separate building site even though the
property was, at that time, vacant and zoned for 1-acre
minimum lot size.
A separate sewer stub has been provided to Lots
and 50.
e) Both the proposed building site and the site with
the existing residence are similar in area to other
common -ownership lots which have been approved as
building sites in contemporary times in the LR-lB
zoning district.
f) The proposed new building site on Lots 49 and 50 is
larger than 29% of the currently developed proper if's
in the LR-lB zoning district.
4. The Hennepin County Dept. of Transporation has indicated
they will approve an access onto Coun`y Road 1-9 for the
property.
5. The City Council has considered this application
including the findings and recommendF,' ions of the Planning
commission, reports by City staff, comme:its by the applicant
and the effect of the proposed variance on the health,
Lafety and welfare of the community.
Page 2 of. 5
r Cit,,qy of ORC NO
RESOLUTION OF THE CITY COUNCIL
`} 2079
6. The City Council finds that the conditions existing on
this property are peculiar to it and do not apply generally
to other property in this zoning district; that granting the
variance would not adversely 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 essary to alleviate
a demonstrable hardship or cFifficult necessary to pre-
serve a substantial property right the applicant; and
would be in keeping with the spirit and intent of the Zoning
Code and Comprehensive Plan of '_he City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council
hereby grant variances to the Municipal Zoning Code Se Lion
10.28, Subdivision 5 f3) to permit the construction of a single
family residence on Lots 49 and 50 of the property, which lots
comprise 0.46 acre in area and 100 feet in width where 1.0 acre
in area an(2 140 feet in width are normally required for
construction of a residence; and grants variances to Section
10."4 Subdivision 5 (B) for the existing residence on Lots 51, 52
and the East 1/2 of 53, which lots comprise a parcel 0.57 acre in
area and 125 feet in width where 1.0 acre and 140' width are
normally required, subject to the follot _ng conc'.itions:
1. County driveway access permit must be obtained and
submitted prior to issuance of building permit for Lots 49
anG 50.
2. ''ayment of $225 sewer trunk ch-irc;e and $430 park fee at
the time a building permit is issued for Lots 49 and 50.
3. Maximum permitted hardcover i; 6,675 s.f. on combined
Lots 49 and 50.
4. Maximum permitted hardcover is 7,781 s.f. on combined
Lots 51, 52 and east 1/2 of 53.
5. Combination of Lots 49 and 50, and ombination of Lots
51, 52 and 53 must be completed prior to issuance of
building permits for either building sita.
Pace 3 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
>079
6. Authorities granted by this variance run with the
property not with the applicant, but are permissive -)nly and
must be exercised by application for a building permit
within one year of the date of Council approval, or this
variance will expire on that date (November 10, 1987).
7. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning cede, shall automatically terminate any aithority
granted herein, and shall be punishable as a misdemeanor.
8. 'Phe undersigned applicant has read, understood and here-
by agrees to the terms of this resolution and on :-)ehalf of
himself, his heirs, successors and assigns, hereby z:grees to
the recording of this resolution in the chain of Title of
the property.
Adopted by the Orono City Cou i 1 on this loth day of
November, 1986.
ATTEST:
/Dorothy MA-J,-Hallin, City Clerk
L'
(1) Property Owner
Page ,, of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2079
STATE OF Lti11INFSOTA )
ss.
COUNTY OF HE;NNP. IN )
On this
, �U' =
jay of l�e�-�-„-�,�i ��
, 1986
before me a
r'�L=tr,y Public
•,ithin and for said county,
personally
appeared .2-)i-).,
,' -:� - ,
/`'%,�„ ,fi' known
to me to be
the persor.(s) described
in and who executed the
foregoing
instrument,
and acknowledged that he (they) executed
the same as
his (their)
free act and
deed.
NOTARY PUBLIC
�•' PAMELA J WILLETIE
Notir) Puwx
•' Hennepin Gunn,
Myy Commr-ion Ejq),rrre
27. 1990
MY COMMISSION EXPIRE:
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this �7L�-� day c. 1986, before me
El. o ry Public —within.. and ! said County, personally appeared
,• �� �� r' /`��;, �„ ,�� known to me to be the
person(s) described in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same 3s his
(their) free act and deed.
r
NOTARY PUBL
a
in r
Corns...
Page 4 of 4
-TATE OF MINNESOTA )
COUNTY OF HZNNEPIN )
CITY OF ORONi; )
I Dorothy M. Hallin, City Clerk of the Citp of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on r vember 10 , 19 86 , and that the some is a f
and correct r iy of said resolution was duly adopted by said
.ouncil at s, ' meeting.
Tn Witners Whereof, I have hereunto set my hand and seal this
1st day of Jan u:.r y 19� _
thy M,iftallin. City Clerk
(SEAL
To: Mayor Grabe'. & Orono Council Members
Mark E. Bernaardson, City Administrator
From: Michael P. Gaffro , Asst Planning & Zoning Administrator
Date: November 6. 1987
Subject: #1211 Gerald Neslund, 1225 Orono Oaks Drive -
Conditional Use Permit - Resolution
Staff is requesting that this item be tabled pending additional information
regarding the second culvert on the property. This information may
change staf.f's recommendation regarding the designation of the wetland.
To: Mayor Grabek & Orono Council Members
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: November 4, 1987
Subject: #1212 Paul Boyke, 793/795 North Ferndale Road
Subdivision of a Lot Line Rearrangement - Final Rc ution
List of Exhibits
Exhibit A - Survey
Exhibit B - Resolution
Exhibit C - Memo and Exhibits of 10/15/87
Exhibit D - Planning C(-,unission Action Notice of 10/23/87
This is a rearrangement of the recent plat of Lauranne Woods by Paul
Boyke. Please review the memo and exhibits of 10/15/87 for a discussion of
the reasons for this realignment.
At their October 19th meeting, Planning Commission voted 6-0 to
approve the proposal subject to a revision of the new dividing line which
has the following effects:
1.
Increases
the
width of
the area dedicated for future road use to
60 feet.
2.
Reduces the area of Lot 2 from
2.95 acre+ to 2.63 acre+.
3.
Increases
area
of Lot 1
from 4.86
dry acres to 4.97 dry acres.
4.
Maintains
the
minimum
required
200' frontage on the road easement
for
Lot 2.
5.
Increases
the
width of
Lot 1 at
the road easement from 30' to 601.
6. Places the new driveway serving the Boyke residence (under
construction) entirely within road easement and Boyke's new home lot,
with no encroachment into Lot 2.
Applicant has provided appropriate drainage and utility Pasements
along the boundaries of the affected parcels, and has executed the standard
private road covenants and easements for the additional road Easement
parcel.
Staff f inds no nec'd to vacate the underl yinq drainage and utility
easements a 1(-,ng the lot line between Parcels A and R.
Staff Recommendation -
Staff recommends approval of the subdivision of a let line
rearrangement for Paul W. Boyke per the attached resolution.
Proposed Lot Division for
Paul i Gini 8oyke
in Lots 1 and 2. Block 1, LAURANNE WOODS
Hennepin County, Minnesota
Eost
c---------------—
295A9 - 49988----
oral
off, r /i 794-gT — --- —
Af
9eo wEoseme"'
J
e 15\ 1 f.7E! AC.t(
0 �9� r ; pr C w' _
�--
380' Ecsf
EXISTING DESCRIPTION
Lot 1, Block 1, LAURANNE WOODS and Lot 2, Block 1, LAURANNE WOODS, according to the recorded prat thereof.
PROPOSED DESCRiPTIONS
A. Lot 1, Block 1, LAURANNE WOODS, according to the recorded plat thereof, except that
part of said Lot 1 which lies east of a line drawn north perpendicular to the south
line of said Lot 1 from the most westerly corner of Outlot A, LAURANNE WOODS.
B. That part of Lot 2, Block 1, lying south of the north 270.00 feet thereof and west
of a line drawn north perpendicular to the south line of Lot 1 Block 1, from the most west-
erly corner of Outlot A, all in LAURANNE WOODS, according to the recorded plat thereof.
C. The north 270.00 feet of Lot 2, Block 1, LAURANNE WOODS_ according to the recorded
plat thereof. —
D. That part of Lots 1 and 2. Block 1, lying south of the north 270.00 feet of said Lot 2
and east of a line drawn north perpendicular to the south line of said Lot 1 fro^ the most westerly.corner of Outlot A, all in LAURANNE WOODS, according to the recorded
plat thereof.
I hereby certify that this is a true and correct representation
Date : 10-30-87 of a survey of the boundaries of the above described property.
Scale: 1" = 100' It does not purport to show any improvements or encroachments.
o Iron marker COFFIN & GRONBERG, INC.
Engineers. Land Surveyors. Planners
Laa LAk@_ 1Ninnesota —
Proposed Lot Division for
Paul & Gini Boyke
in Lots i and 2. Block 1, LAURANNE WOODS
Hennepin County, Minnesota
I
Eost
1224.97
------------
49988 S�-i��--- R q
�
794--57 — — ---
� II
\ '' IIQ �.
\ Bu: id irt9 sci bock o
\ \ Imes. �.L �+-- ' " - --
z Lh west B• 1?3.78I ^�509.78
- Ecst
tURANNE WOODS, according to the recorded plat thereof.
ecorded plat thereof, except that
north perpendicular to the south
f Outlot A, LAURANNE WOODS.
rth 270.00 feet thereof and west
ine of Lot I Block 1, from the most west -
cording to the recorded plat thereof.
WOODS_ according to the recorded
the north 270.00 feet of said Lot 2
e south line of said Lot 1 from the
MOODS, according to the recorded
s a true and correct representat;on
s of the above described property_
my improvements or encroachments.
)FFIN & GRONBERG, INC.
irK b. Cron erg Mn. T%: -NP U/bb
►gineers, Land Surveyors. Planners
ayor
er
a e o rova
i
City of ORONO
RESOLUTION OF THE CITY COUNCIL
N 0.
A RESOLUTION APPROVING A
METES AND BOUNDS SUBDIVISION
OF A LOT LINE REARRANGEMENT
FOR PAUL W. BOYRE AT
793-795 NORTH FERNDALE ROAD
FILE NO. 1212
WHEREAS, the City of Orono is a municipal corporation organized
and existing under the laws of the State oL Minnesota; and
WHEREAS, the City Council of the City of Orono has adopted
subdivision regulations for the orderly, economic and safe development of
land within the City; and
WHEREAS, the City Council has considered the applicati _n for a
subdivision by Paul W. Boyke, (hereinafter "the subdivider") of a property
legally described on the Certificate of Survey by Mark S. Gronberg dated
October 30, 1987 and attached to this Resolution as Exhibit A; and
WHEREAS, the subdivider has completed all -equirements of the
City for metes and bounds subdivision for division and combination
purposes, including:
1. Dedication to the City of a Road & Utilities Easement over Parcel
D.
i. Dedication to the City of a Drainage & Utilities Easement over
portions of Parcels B and C.
3. Execution of a "Declaration of Private Road Easement and
Declaration of Covenants fcr Maintenance of Same" over Parcel D.
NOW, THEREFORE BE IT RESOLVED, that the City Council of. the City
of Orono hereby approves the metes and bounds division for Paul W. Boyke
according to the legal descriptions shown on the Certificate of Survey by
Mark S. Gronberg, dated October 30, 1987 and attached to this resolution
subject to the following conditions:
1. Upon approval of the subdivision by the City Council of Orono, the
owner of Parcel A as described in the Certificate of Survey referenced
above must apply to the City for legal combination for tax purposes
with Parcel B as described in that same survey.
2. This resolution, the attached Certificate of Survey, and the above
referenced documents shall be filed with the :tennepin County
Recorder's Office on or before May 9, 1986.
Page 1 of 2
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
The approval granted by this Resolution shall expire if the
division has not been filed by the date specified above. In that event, it
will be necessary to file a new application with the City of Orono for
subdivision review.
Adopted by the City Council of Orono, Minnesota, this 9th day of
November 1987.
ATTEST:
Dorothy M. Hallin, City Clerk James R. Grabek, Mayor
Page 2 of
To: Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: October 15, 1987
Subject: #1212 Paul Buyke, 793/795 North Ferndale Road -
Subdivision of a Lot Line Rearrangement - Public Hearing
(Note: Applicants are out of town and will not be present but request
Planning Commission review of this application.)
Application - Subdivision of a lot line rearrangement to accommodate
existing driveway location.
List of Exhibits
Exhibit A - Application
Exhibit B - Plat Map (See Exhibit G)
Exhibit C - Property Owners List
Exhibit D - Survey With Proposed Division
Exhibit E - Applicant's Letter of Request
Exhibit F - Photos of the Area
Exhibit G - Plat Map of Surrounding Neighborhood Showing General
Pattern of Development
Exhibit 11 Staff Sketches of Various Options to Accomplish
Applicant's Purpose While Mairtaining the Frontage For
Lot 2
Exhibit I - Sketch of Tree and Driveway Locations ;Survey to be
Provided Monday)
Pertinent Facts -
1. Applicant found in creating the driveway to serve Lot 1, Block 1 that
in order to save trees which exist on Outlot A as a buffer, his new
driveway would have to be located north of Outlot A. In order to sell Lot
2 with the existing house without the need for a driveway easement,
applicant it proposing to add a portion of property north of Outlot A and
north of the flag portion of Lot 1, to Lot 1 as shown on Exhibit D.
2. Staff would note that under applicant's proposed scheme, Lot 2 will no
longer abut Outlot A and will not have frontage on property dedicated for
future roadway. Staff suggests that there are other potential methods to
accomplish applicant's needs which are: 1) Gain additional acreage for
Lot 1; and 2) Place the driveway serving Lot 1 entirely within Lot 1 and/
or within Outlot A and not on Lot 2. Exhibit H-1 shows a scheme whereby
Outlot A is extended an additional 35' to the north and becomes a total 60'
corridor until the mid point of the cul-de-sac. The 60' corridor then
becomes part of J,ot 1 as it moves westerly. Applicant suggests that while
this would be feasible it does not accomplish his purpose of increasing the
acreage for Lot 1 as much as possible.
To: Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: October 15, 1987
Subject: #1212 Paul Boyke, 793/795 North Ferndale Road -
Subdivision of a Lot Line Rearrangement - Public Hearing
(Note: Applicants are out of town and will not be present but request
Planning Commission review of this application.)
Application - Subdivision. of a lot. line rearrangement to accommodate
existing driveway location.
List of Exhibits
Exhibit A - Application
Exhibit B - Plat Map (See Exhibit G)
Exhibit C - Property Owners List
Exhibit D - Survey With Proposed Division
Exhibit F. - Applicant's Letter of Request
Exhibit F - Photos of the Area
Exhibit G - Plat Map of Surrounding Neighborhood Showing General
Pattern of Development
Exhibit H Staff Sketches of Various Options to Accomplish
Applicant's Purpose While Mairtaining the Frontage For
Lot 2
Exhibit I - Sketch of Tree and Driveway Locations ;Survey to be
Provided Monday)
Pertinent Facts -
1. Applicant found in creating the driveway to serve Lot 1, Block 1 that
in order to save trees which exist on Outlot A as a buffer, his new
driveway would have to be located north of Outlot A. In order to sell Lot
2 with the existing house without the need for a driveway easement,
applicant i!� proposing to add a portion of property north of Outlot A and
north of the flag portion of Lot 1, to Lot 1 as shown on Exhibit D.
2. Staff would note that under applicant's proposed scheme, Lot 2 will no
longer abut Outlot A and will not have frontage on property dedicated for
future roadway. Staff suggests that there are other potential methods to
accomplish applicant's needs which are: 1) Gain additional acreage for
Lot 1; and 2) Place the driveway serving Lot 1 entirely within Lot 1 and/
or within Outlot A and not on Lot 2. Exhibit H-1 shows a scheme whereby
Outlot A is extended an additional 35' to the north and becomes a total 60'
corridor until the mid point of the cul-de-sac. The 60' corridor then
becomes part of Lot 1 as it moves westerly. Applicant suggests that while
this would to feasible it does not accomplish his purpose of increasing the
acreage for Lot 1 as much as possible.
Zoning File #1212
October 15, 1987
Page 2 of 2
Exhibit H-2 indicates another option whereby Lot 2 maintains a small
portion of frontage, perhaps 30', on the outlot which would be similar to
the frontage Lot 1 currently has, with a strip along the outlot being kept
within the boundaries of Lot 1. The applicant feels this would be a
suitable compromise that accomplishes his purpose, while maintaining some
amount of frontage on the road for Lot 2.
3. Each of Lots 1 and 2, under any of the schemes shown, will maintain in
excess of the 2 acre minimum lot area requirement. Both primary and
alternate septic sites on Lot 2 will be preserved under any of the schemes
shown.
Discussion -
Applicant notes that he early -on discussed with the current owners of
the lots to the south, the location of his driveway in relation to the
potential. driveways properties to the south served by the other half of the
road and cul-de-sac outlot. Applicant notes that he has discussed the
potential shazing of his driveway with the two properties immediately to
the South. Neighbor Ron MacLeod (house just south of the road outlots)
enviously would prefer all 3 properties to use applicant's dri-eway north
of the tree line, which will maintain the buffer currently eYi -.ting. The
owners of the two vacant lots have not come to an agreement with applicant
on use of his driveway.
Please review the photos and diagram of the driveway layout (Exhibit
I). Applicant's surveyor will be providing a survey showing the exact as -
built driveway location.
Staff would suggest that the layout of Exhibit 11-1 would be most
appropriate in accomplishing the City's standards for maintaining a 200'
minimum width for Lot 2. Exhibit H-2 would in essence trade the frontage
of Lot 2 for more frontage on Lot 1, creating a flag shaped I.ot 2 that
fronts on the road outlot, and an odd shaped Lot 1.
Staff Recommendation -
Staff feels that increasing the size of the outlot per Exhibit 11-1 is
most appropriate and results in an increase in Lot l's frontage on a
roadway, requiring less of a variance while maintaining the required
frontage for Lot 2. Tne scheme of Exhibit H-2 seem potentially acceptable
(if not very unusual) and does not. create a new outlot parcel.
Both layouts H-1 and 11-2 should be feasible by metes and bounds
description as long as the County Torrens Office will accept the
descriptions.
In Scheme H-1, the separate new out lot portion would be expected to be
covered under the same covenants, etc. as Ot,tlot A.
'� Date Rec' d i 7, ':
��
�! By Mr(�
Fee Rec' d Ir
CITY OF ORONO n f
SUBDIVISION APPLICATION FORM
APPLICANT Name-- _2EK 1) 9k -)_ , y �A -I - �`j/lt�� Telephone_T_
Mailing Address,
PROPERTY Name Telephone
OWNER
Mailing Address A.- A'rl!
(Attach list if more than one)
--------------------------------------------------------------------------
PROPERTY LOCATION
Street Address "' - �' /'
Property Identification No. (P.I.D.)
Complete Legal Description to be attached to application
---------------------------------------------------------------------------
EXISTING LAND USE •
Number of Tax Parcels L
Development Size
Acres Dry Land
Acres Wet Land
Acres Total, all parcels
Present Use (check) - Residential; no. of units
Other (specify) —
Present Zoning District FI:NUrE OFFICE
-----------------------------------------------------------------t;-,iV--�50.00
PROPOSAL Division for Tax Purposes ,.,;:CA TR 150.00
Tr.,-_ - .
Lot Line Rearrangement only (no new bui ldinj%•` 0 , s41 tr;'1 715:23
Subdivision for New Building Sites "9' _-'5/8
N -her of Building Sites: Existing Units
New Units
Total Units
Proposed Gross Density
Minimum Lot Size:
Proposed Use: (check)
Units per Acres
Square Feet Dry Buildable
Land
_ Residential
Other (specify)
---------------------------------------------------------------------------
(OVEP)
MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION
1. ,Application Completed
2. �. eliminary -PIVt information on Certificate of Survey.
3. Certified Property Owner's list of owners witlin 350' (this list can be
obtained from the Hennepin County - Department cif Finance A-603 Government
Center 348-3271)
tamped, legal sized envelopes (#10) pre -addressed to each of the names on the
4. above list with no return address.
Certification by Zoning Department that Preliminary Plat Application is
complete.
Zoning Officials Signature _ Date
-------------------------------------------------------------------
MINIMUM MATERIAL NECESSARY FOR COMPLETE FINAL PLAT APPLICATION
1. Payment of fees (park fees, filing fee, sewer: and water assesst !nts)
2. Signed certificate of survey or mylar copies of formal plat.
3. Title opinion.
4. Easements, Covenants, etc.
5. Developers Agreement and acceptable form of security.
Certification by Zoning Department that Final Flat Application is complc
Zoning Officials Signature Date
------------------------------------------------------------------
FEES
Sketch Man Review (Class I,
II 6 III)
$150.U0
Preliminary Review (Class I s
II Subdivisions) < $250.00
Preliminary Review
$300.00 plus
(Class III and all non -re" &L
ntial)
20.00/lot
Final Plat Review (Class F::
$150.00*
*(Plus any legal or engine--.-7
to charges)
Applicant has read the above and hereby agre
o provide all information required
or requested by the Zoning Administrator, ,-
Engineer, City
Attorney, Planning
Commission and Council necessary to procer.
,j s application
and further agrees
to pay all additional fees established _
dinance.
-•--•-----------.----------_-- -l•r__----. .. .).r:_
-------------------------------
R
App', ' cant's Signat�
Date ---' ---'--
P7
Date �-----f
Owner's Signaturl"--
Applicant muf;t have all submittals intro
jty Offices
25 days befors• the
usually hel.' on
Planning Commission Meeting. Planning
ion Meetings
are
the third Monday of each month.
RUN LATE 0Z/ 06/87 H£t:`:EPTN COUNTY P"ROPFRTY INFORMATION f YSTEM REPORT NO. PT435401
PPOPERTY OWNERS LIST PAGE 1
BATCH C01
38 25-118-23 34 0003
38 25-113-23 43 0013
/
38 25-118-23 43 0014
CJ7 AD;.2
00445 SPRING HILL RD
00260 HOLLANDER RD
v
00315 HOLLANDER RD
/
C:BIER Nxt4E
N C PIPER JR ETAL
l s D GILPIN
T E P HAREIERTS
1/
T:Xr.Y[2
H C PIPER JR
LARRY L uARYL GILPIN
TH0?1AS A PATRICIA HAPEERTS
tatlE/ADDR
PIPER JAFFRAY TCi1ER
260 HOLLANDER POAD
315 HOLLANDER RD
P 0 BOX 28
C^0NO t01 55391
ORCr:O P2l 55391
MPLS M:l 55440
v
38 25-118-23 43 C016
33 25-110-23 43 0017
33 5-118-23 43 0019
P23P AO-2
O^^65 HOLLANDER RD
2
0059 HOLLANDER RD
0025� HOLLANDER RD
C'Z;:R KIME
TA%?AYER
J H HUMER i J A N.Ut23ER
JAMES H A JtZITH A HUNDER
STEVEN S WEINSTEIN ET AL
STEVEN S WEINSTEIN
HILD P HOLLANDER
HILOUR HOLLANDER
s
t.%M/AZOR
'65 HOLLANDER RD
259 HOLLAKOER ROAD
250 ROLL DER RO
'
WAYZATA ry 55391
WAYZATA t21 55391
WAYZATA 55391
�
38 25-I18-23 43 0024
39 25-118-23 43 00:5
38 25-118-23 43 0026
DROP AS-Z
C0325 HOLLANDER RD
00235 HOLLANDER RD
l�
C::.:ER K.!i,
J i C GOLINVALrA
JOHN S E ELIZABETN S GUTHRIE
B F HILL A M E HILL
TA -.PATE,
JEPxiE s CHARLOTTE GOLINVAUX
JOHN A ELIZACETH GUTHRIE
/
BRIAN A MARGARET HILL
r1�
N...:c/ADOR
325 HOLLANDER RD
275 HOLL:.t;OER RD
V
235 HOLLANDER RD
WAYZATA t?l 55391
WAYZATA MN 5539I
ORCNO ml 55391
� 1
36 l5-116-23 44 0005
j/
38 :5-118-23 44 0007
33 36-113-23 11 0010
80200 HOLL:.?:DER RD
00225 HOLLANDER RD
00645 FERKOALF. RD N
.:-R KIM
MIL" UUR P HOLUUMER
R E POWERS A M G POWERS
RICHARD E STRAND ETAL
T L.PAY:A
HILOUP P EOLLANDER
RICHARD E PCWZRS
L%
RICHARD E L JOAN M STRAND
N:'cE/:7: 1
259 KOLLUMER RD
225 HOLLANDER RD
645 HO FERrDALE PO
WAYZATA 1t`1 55391
OR040 tri 55391
O CtiD Y : 55391
3' 36-I11 23 11 0012
t
38 36-118-23 11 001'
33 36-11u-23 11 0020
F?C,P _Ina
007E5 FEPNIALE RD N
1`
00715 FERNDALE RD N
0:'::2 tiL.lf
4LLECRA W )A -:'ER
RICHARD J LYt.-ti
ST.:VEN J DAYTON
TatPAYE2
DAUL l a AILEC^A N P.:^XER
RICHAPO J LYM-N
STEVEN J KELU,DER-OAYTC4
ru.r,E/A:3R
78S FF«t^,ALE FD N
715 NO FFRNCALF RD
7,,:; N FERKDALE RD
WAYZATA Mtl 55391
C-Ct;O M4 55391
WAYZATA M 55391
33 36-118-23 12 0001
6
38 36-118-23 120002
'_; -�•-118-23 12 0003
00725 FERNDALE RD N
C:':ER ti
J i V TULLY
R A R MACLEOD
J W CRAGG ETAL
TR'.VAYE
J^tri W TULLY
RONALD C MACLEOD
J W CRACG
NAttE/ISO d
325 COUNTY RD 6
725 N FERNOALE RD
1320 RANIER LA
C10:40 MN 55391
WAYZATA MN 55391
PLYMOUTH MN 55447
r.jN DATE 02/C6/87 4:7- }
BATCH C01
38 36-118-23 12 0005
GC12 0079S FERNOALE RD N
C:24ER N.:Tf STEVEN J DAYTON
-A:•:ATER STEVEN J ICLANOER-OAYTON
NAME/ACOR 206 CAMINO DEL NCRTE
SANTA FE t•27 87501
;-OP ADCR
NAME
TAp;&YE2 TOTAL BATCH 001 00021
KZ'E/ACO2
HENNEPIN CCUIITY PROPERTY INFOI=MATION SYSTEM
PROPERTY CD44ERS LIST
38 36-118-23 12 0006 Y i
/ 00795 FERNDALE RD N
STEVEN J DAYTON
�- STEVEN J MELANDER-DAYTON
Z06 CAMINO DEL NORTE
SANTA r E F01 87SO1
REPORT NO. PI435401
PAGE 2
38 36-118-23 21 0002
00745 SPRING HILL RD
00NALD C i NI11A WILDMAN
DONAL 4 NINA WILDMAN
745 St -MG HILL RD
ORONO MN 55391
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURkTE AND TRUE
REPRESENTATION Of INFORMATION AS IT APPEAPS 1HIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROP RTY TAXATION. 70 THE BEST
OF NY KNOWLEDGE AND BELIEF. ���� �
DATLK-A9 _-�-
Proposed Lot Division for
r. Paul 6 Gini Boyke
1 in Lots 1 and 2. Block 1, L°+URANNt WOOD",
Hennepin County. Miion seta
East
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,XiSTING DESCRIPTION
Lot 1, Block 1, LAURANNE WOODS and Lot 2. Block 1. LAURANNE WOODS
PROPOSED DESCRIPTIONS
Eosi
Parcel A
part of Lot 2. Block 1. LAURANNE WOODS, which 1►rs .cutn cf LPir north
Lot 1. Block 1, LAURANNE WOODS and that
Parcel B
ThP north 270.00 feet of Lot. 2, Block 1, LAURANNE WOODS.
Scale: 1" = 100'
Date 9 - 25 - d7
0 Iron marker
Proposed Lot Division for
Paul & Gini Boyke
in Lots 1 and 2, Block 1, LAURANNE WOODS
Hennepin County. Minnesota
I
East ii A97
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west
509.7E
Eoss
1RANNE WOODS
, Block 1, LAURANNE: WOODS, which lips soutn of Lhe north 270.00 feet thereof
7 - i
COFFIN & Gk0NktER(,.
Engineers, ' , -j S
Long Lake, "� �,.nes;
To: Orono City Council
From: Paul and Virginia Boyke
Date: October 14, 1987
The reasons for the request to add a 30.35 foot width to the
r
slag portion of our lot number ;K are as follows:
(1) We moved our driveway to the north of the 25-foot flag
I
portion of lot number )K in order to preserve the trees which
separate our neighbor to the south, Ron McLeod and us. If we had
not done this, our road would have been close- his home and
would have necessitated removing his privacy irrier (these
trees). (See photos.)
(2) 795 Ferndale home already has a driveway which gives it
access to outlot J and really doesn't need to access outlot A.
(3) We were not aware until after the fact that agreeing to
outlot A would decrease from the square footage of lot )(. We
want to increase the square footage of th-s lot to close to what
it was originally so that there is some flexibility in the future
I
to sub -divide lot number X if we so desire.
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Proposed lot Division for
Paul & Gini Boyke
in Lots 1 and 2. Block 1, LAURANNE WOODS
Hennepin County, Minnesota
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- 49988 A 430.00 4
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COFFIN & GRONBERG, INC.
Engineers, Land Surveyors and Planners
1 w 1 Ui nn L t o -
Proposed Lot Division for
Paul & Gini Boyke
in Lots 1 and 2, Block 1, LAURANNE WOODS
Hennepin County, Minnesota
I
Eosr 1224.97
_79 430,00
4.7
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COFFIN & GRONBERG, INC.
Engineers, Land `surveyors and Planners
A ..I... N,. _._..... . - -
Proposed Lot Division for
Paul & Gini Boyke
in Lots 1 ind 2, Block 1, LAURANNE WOODS
Hennepin Coun*y, Minnesota
I
East 1224.97
1499.88 a
430.00
VfiIiii-I case-
men-;-s 0 p.1
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ZONING FILE NO. 1212
CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 10/23/87
---------------------------------------------------------------------------
TO: Paul W. Boyke COPIES TO: Coffin & Gronberg, Inc.
795 North Ferndale Rd P.O. Box 482-A
Wayzata, MN 55391 Long Lake, MN 55356
TYPE OF APPLICATION: XX Subdivision
-----------------------------------------------------------
DATE OF MEETING: 10/19/87 VOTE: 6 For 0 Against
Planning Commission recommends 'he following:
XX Approval subject to conditions noted below
VOTES AND SPECIAL CONDITIONS:
Planning Commission recorr-nended approval subject to revising the
proposed division line as show:i on the at, ched survey. The new outlot
parcel will be subject to a road and utility easerr,c.nt and to the standard
private road covenants; identical to those previoulsy executed for Outlot
A.
Your subdivision of a lot line rearrangement will be presented for
final approval by Council upon receipt of the following:
1. Provide 3 copies of a certificate of survey per survey dated
9/25/87 by Coffin and Gronberg, Inc. as revised by staff (Exhibit A
attached). On the drawings, provide metes and bounds descriptions for
each of Parcels A, B, C and D. Provide signature lines for all
property owners with an interest in the subject properties (spouse,
etc. . ., signature lines must be signed), the Mayor, City Clerk and
date of final approval.
2. Provide 2 copies of survey at 1"=200' scale for City records
3. Provide
an executed road and utilities easement"over
Parcel D.
4. Provide
an
executed"declaration of private
road easement and
declaration
of covenants for maintenance
of same over Parcel D.
5. Provide
an
executed drainage and
utilities
easement over the
northerly 5
feet
and easterly 10 feet of
Parcel B.
6. Provide
an
executed'drainage and
utilities
casement over the
southerly 5
feet
of Parcel C.
7. Realize that the drainage and utilities easements underlying
Parcel B and the narrow portion of Parcel A will still Le in effect.
As owner of Parcels A and B, you must decide whether this could create
future problems. If so, you may wish to vacate such easements; if
not, they do not need to be vacated.
Zoning File 01212
Notice of Planning Commission Action
October 23, 1987
Page 2 of 2
8. Upon Council approval of this metes and bounds subdivision, the
owner of Parcels A and B must legally combine Parcels A and B by
completing the appropriate forms at the City Offices.
9. Owner of Parcel D and OutlotA of Lauranne Woods shall likewise
legally combine those two parcels.
10. Applicant's surveyor shall provide legal descriptions for all
documents to be executed as noted above. All entries on those
documents must be type written (except signatures).
ALL FINAL SUBMITTALS must be submitted to this office 10 days before
the meeting at which Council will grant final subdivision approval. The
Council meets on the 2nd and 4th Mondays of the month. Regular meetings
are rescheduled if they conflict with a national holiday. Upcoming
meetings are on November 9, November 23, December 14, and December 28.
Attachments
Survey with required parcel designation
Standard Draiange & Utility Easement Form
Standard Road & Utility Easement Form
Standard Declaration of Private Road Easement & Declaration of
Covenants for Maintenance of Same Form
4 1 sT c,r 41car+:La C- rr�e��
i Proposed Lot Division for
aw Paul 3 Gin: Boyke
in Lots 1 and 2. Block 1, LAURANNE W001,
7i Hennepin County, Minnesota
East
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EXISTING DESCRIPTION
Lot 1, Block 1, LAURANNE WOODS and Lot 2, Block 1, LAURANNE WOODS
PROPOSED DESCRIPTIONS O?AACC-go
Parcel A
Lot 1, Block 1, LAURANNE WOODS and that part of Lot 2, Block 1, LAURANNE WOODS, wt;l h Ii;-s soutn of thF north 270.00 f
Parcel 6
Thf, north 270.00 feet of lot 2, Block 1, LAURANNE WOODS.
Scale: 1" 100'
Date 5- - 25 - 87
0 Iron marker
i
Proposed Lot Division for
Paul & Gini Boyke
in Lots 1 and 2, Block 1, LAURANNE WOODS
Hennepin County. Minnesota
I
East
1Q.97
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- East 776.00
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JRANNE WOODS
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Block 1, LAURANNE WOODS, which lips soutn of the north 270.00 feIt"thereoCf.FL
COFFIN & GRONBERG, INC.
Engineers, Land Survevcr-- and Planner,
Long Lake, Minnesota
To: Mayor Grabek & Orono Council Members
City Administrator Bernhardson
From: Jeanne A. Mabusth, Building & Zoning Administrator
Date: November 5, 1987
Subject: #1213 Rollin Lacy, 2655 North Shore Drive -
Variances - Resolution
Pertinent Ordinances-
1. Section 10.23, Subdivision 6 B - Side/Street Setback.
2. Section 10.22, Subdivision 2 - Hardcover 75-2501.
Side/Street Setback
Required = 50'
Proposed = 30'* (edge of property line)
50' (to east edge of 33 feet public access)
Hardcover 75-250' Area = 36,900 s.f.
Allowed = 9,225 s.f. or 25%
Existing = 11,100 s.f. or 30.1�
Proposed = 12,995 s.f. or 35.2%*
Increased Hardcover = 1,895 s.f. or 5.1%
* Proposed Hardcover:
1) Buildings:
a.
Existing Garage.
b.
House
C.
Garage
d.
Porch
e.
Decks
TOTAL
2) Driveways
3) Parking
TOTAL
761.95 s.f.
2,772.00 s.f.
1,380.03 s.f.
344.00 s.f.
2,315.00 s.f.
7,579.00 s.f.
4,606.00 s.f
81C 00 s.f.
5,411 .00 s.f.
TOTAL HARDCOVER = 12,995.00 S.F.
Pertinent Facts -
Zoning District - LR-lA
Total Area - 75,100 s.f. or 1.72 acres (exclusive lake easement area)
= 95,400 s.f. or 2.19 acres (including lake access)
List of Exhibits
Exhibit A - Application
Exhibit B - Property Owners List
Fxhibit C - Plat Map
Exhibit D - Addendum
Exhibit E - Existing Hardcover/Improvements
Exhibit F - Current Proposal
Exhibit G - Building Elevations
Zoning File #1213
November 5, 1987
Page 2 of 3
Pertinent Issues -
1 . The lake access to the east of the property was involved in a long
legal battle involving the City and the affected property owner. Briefly,
the plat that created the access was filed lacking necessary documentation
confirming public dedication. The property on the east side of the access
is torrens (registered land). Because of the filing irregularity, the City
Attorney opined that the 33 feet easement was not valid and not within the
public domain. The Lacy property (formerly Rector homestead) is abstract
property and it was the City Attorney's opinion this was a valid easement
and was to remain in the public domain. The City maintains a 15 feet wide
strip for limited access to the lake. The easement of 33 feet will never
serve as a major access to the lake.
2. The applicant proposes removal of both structural and paving hardcover
to offset hardcover from the major remodeling and additions to home (review
Exhibit F)
3. The Planning Commission vote was split 3 to 3. The applicant asks that
Council act on the application at your November 9th meeting because of the
on -coming colder weather and the need to install footings before the
freeze. Staff has drafted the appror-fate resolution with blank spaces so
that Council may plug in the degree of variances finally approved.
Discussion -
The applicant has begun major rehabilitation of the existing
residence. The additions involve garage and deck additions on the first
level and major bedroom expansions within the second floor level
(specifically over new garage). The garage addition on the east side will
require a side setback variance because the east side line buts a public
access. The applicant notes the following hardships in his addendum:
1. Property functions as both a corner and lakeshore lot - surrounded
by access ways on two sides and the lake on the south.
2. The house was located on property without consideration for town
road - house could have been placed further west.
3. Interior design of house woulrl not permit locating garage on west
side - in addition house on lot ,_o west is very close to sh 1 lot
line.
4. Applicant reminds us that there is no hardcover within the 0-75
feet setback area and there is only 9.2% within the 250-500' zone
where 30% is allowed.
5. If area of access easement, which appears to be part of the
property per the enclosed survey, was credited to property, the
hardcover excess would be minimal.
Zoning File #1213
November 5, 1987
Page 3 of 3
The Planning Commission wa~ to consider the following Issues:
1. To ask for additional ha�..c.over removal within the 75-250' setback
area to offset the increase in hardcover. Staff finds applicant's
claim that hardcover is well under the allowed 30% within the 250-
500' area valid. If you allow the increase of 5.1% with this
improvement, applicant should be advised that any future improvements
must be matched with equal amounts of removal of hardcover.
2. The side setback variance appears mute, one may argue not even
necessary since the code refers to a side yard adjacent to a street.
This limited access is not a street and will never be used as a public
roadway and yet must remain in the public domain because it provides
access to the lake.
Some members of the Planning Commission had major concern approving 5%
hardcover increase for a property located in a 2 acre minimum zone. The
applicant advised that the property to the east has a house fully located
within the 0-75 feet protected area and that the improvement appeared
consistent with other developed lots in the area. Another dissenting
member had difficulty approving a setback variance for a new garage when
the remaining detached garage is located 2'+ from the west lot line. The
applicant explained that the structure is in excellent condition and will.
serve as much needed storage area for yard and boating equipment rather
than storing in open yard. New 3 car garage addition would not have
storage area.
The members who approved the application as proposed concurred with
applicant's findings and hardships but did condition approval on limiting
all future improvements of the property at the proposed 35.2% level within
the 75-250 feet setback area.
Staff has drafted a resolution for your review and action that would
approve the side setback variance and await Council's action for hardcover
facts. Note :hat new structure and paving improvements, if maintained at
current 30.11�, would still require variance approval.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.23, SUBDIVISION 6 (B)
AND SECTION 10.22, SUBDIVISION 2
FILE 11213
WHEREAS, Rollin Lacy (hereinafter "the applicant") is the owner
of the property located at 2655 North Shore Drive within the City of Orono
(hereinafter "City") and legally described on Exhibit A attached
(hereinafter "the property"); and
WHEREAS, the applicant h__� applied to the City For a variance to
Municipal 'Zoning Code Section 10.23, Subdivision 6 (E) to permit the
construction of an attached garage 30 feet from the side lot line adjacent
to an unimproved public right-of-way that would regaire a 50 feet setback
and per Section 1.0.22, Subdivision 2 seeks a variance for an excess of
s.f. or of hardccver r,�suiting from new structural and other
improvements within the 75-250' setback area where only 9,225 s.f. or 25%
is allowed.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1213.
2. The property is located in the LR-lA Single ramily Lakeshore
Residential Zoning District. The property consists of 75,100 s.f. or
1.72 acres exc.usive of roadways and public easements.
3. The Orono Council reviewed this application on November 9, 1987
and recommended approval of the proposed variances based upon the
following findings:
A) The property can be classified as both a corner and lakeshore
lot - surrounded by public accesses on the north and east and the
lake on the south.
B) The house was placed on the property without consideration
for Town N( id along the east lot line and could have been
positioned Lurther west.
C) The interior design of house would not permit placement of
the garage on the west side of house. In addition, the house to
the immediate west `, is been placed very close. to the shared lot
line.
Page 1 of 4
ti
City of ORONO
t
RESOLUTION OF THE CITY COUNCIL
NO.
D) There no hardcover within the 0-75' setback area and there
exists onlr 9.2% within the 250' to 500' zone where 30% is
allowed.
E) If the area of the 33 feet within the public right-of-way
along the east side of the property was included in the area
calculati,in for the property, hardcover excess would be minimal.
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
variances on the health, safety and welfare of the community.
5. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply generally to other
property in this zoning district; that granting the variances would
not adversely affect traffic conditions, light, air nor pose a fire
hazard or other danger to neighboring property; would not merely serve
as a convenience to the applicant, but i5 necessary to alleviate a
demonstrable hardship or difficulty; is Necessary to preserve a
substantial property right of the applicant; and would be in keeping
with the spirit and intent of the Zoning Code and Comprehensive Plan
of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the Orono
City Council hereby grants a variance per Municipal Zoning Code Secti--
10.23, Subdivision 6 (B) to permit the construction of an attached ga--
located 30 feet from the side lot line instead of the required 50 feet
per Section 10.22, Subdivision 2 to permit new structural and r._
structural improvements on the property requiring a hardcover variance of
s.f. or _ % where only 9,225 s.f. or a total of 25% is allowed.
1. The applicant is hereby advised that any future improvements of
the property that will result in increases in hardcover within the 75'
to 250' setback area may necessitate the removal of equal or greater
amounts of existing hardcover.
2. Authorities granted with this resolution run with the property not
with the applicants, but are permissive only and must be exercised by
application for a building permit within one year of the date of
Council approval, or this variance will expire on that date (November
8, 1988).
3. Violation of or non-compliance with any of the terms and
conditions of this resolution shall constitute a violation of the
zoning co.9e, shall automatically terminate any authority granted
herein, and shall be punishable as a misdemeanor.
Page 2 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
4. The undersigned applicant have read, understood and hereby agrees
to the terms of this resolution and on behalf of himself, his heirs,
successors and assigns, hereby agrees to the recording of this
resolution in the chain of 'title of the property.
Adopted by the Orono City Council on this 9th day of November,
1987.
ATTEST:
Dorothy M. Hallin, City Clerk James R. Grabek, Mayor
Property owner(s)
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
4. The undersigned applicant have read, understood and hereby agrees
to the terms of this resolution and on behalf of himself, his heirs,
successors and assigns, hereby agrees to the recording of this
resolution in the chain of 'title of the property.
Adopted by the Orono City Council on this 9th day of November,
1987.
ATTEST:
Dorothy M. Hallin, City Clerk James R. Grabek, Mayor
Property owner(s)
Fee
Receipt
Initials )
CITY OF ORONO - VARIANCE APPLICATION
Initial Application Fee $150.00 ($50.00 per each additional variance)
Renewal Variance Fee $75.00 (no change from original application)
After -the -Fact Fees (Double application fee)
---------------------------------------------------------------------------
PROPERTY LOCATION
Site Address AJ j f/ m
Property Identification Number (P. I . D.) 01/j7a j��000 l 55-3 1
Please check one - Is the property v" abstract or torrens?
Attach legal description to application if not included on required survey.
APPLICANT
Phone (home)-- 4Z77s 3 ES -
Name RQL LIAJ L /KC V
Phone (work) 3 ` - f> 3
'Address:
---------------------------------------------------------------------------
Zip:
OWNER (if different than applicant) Phone (home) 5/7'5-1T/4s-
Name C,*1(- S. RFc-i a,
Phone (work)
Address: �St /t�Q,p�y Zta!,F
/ 1
quo. City:_6(JA,r 2&z& Zip: SS'39(
Date Property Acquired
/o - 70 (month/yp4r)--
I (do) y�'�,'' also own
the adjacent parcels of land.
------------------------------------------------------------- ------- #
PRESENT USE OF PROPERTY
Present Zoning District
�/Q- / 'i'�iA tt 00 .00
-- : ,�
Present Use of Property
';' it7I1
Res nut.j-
--------------------------------------------------••------------------------
Other (specify) lI5187
DESCRIPTION OF REQUEST
Estimated Constriction Cost S/DOf 000, 00
Describe request in detail: ,3E,� _ l 9c-f/Eh
VARIANCES REQUIRED
Lot Area Lot Width X Hardcover
Setback Variances ( Front � Side _ Rear)
Other
---------------------------------------------------------------------------
HARDSHIP
Describe undue hardship or practical difficulty resulting from strict,
enforcement of zoning regulations: E,X2.i_,3!' _:c:,
---------------------------------------------------------------------------
DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe unusual property conditions preventing compliance with Zoning
Code Requirements: .5r E 41Z,�2 QqE,.o
REQUIRED SUBMITTALS
1. Completed Application Form
2. Certified Property Owners List of owners within 150' (you can obtain
this list from Hennepin Cou,ity 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.
4. Certificate of survey including hardcover calculations as required.
5. Plat Map.
---------------------------------------------------------------------------
The Applicant and Property Owner must sign this application. Piease
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.
Applicant's Signature c� Date
OWNERS SIGNATURE
The owner hereby ackowledges and agrees to this application and further
authorizes reasonable entry onto the property by City staff, consultants,
agents, Commission members, and Council members for purposes of investiga-
tion and verification of -his re est.�
Owner's Signature Date �7
Applicant must have all submittals into the City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are held on the
third Monday of each month. Applicants must be present at all scheduled
review meetings of the Planning Commission and Council, and, if an
applicant is unable to attend a scheduled meeting, to please make arrange-
ments to have an authorized agent attend in your place and to advise the
Building & 7nning Office of this change prior to the meeting.
�QRLJN DATE 09/16/87
BATCH 002
38 09-117-23 14 0002
PROP ADDR 02640 NORTH SHORE OR
OW.'NER NAME IRWIN L JACOBS
TAXPAYER IRWIN L JACOBS
NAME/ADDR 1700 SHORELINE OR
WAYZATA MN 55391
38 09-117-23 42 0004
PROP ADDR 02685 NORTH SHORE OR
M'NER NAHE J A MITCHELL i P M MITCHELL
TAXPAYER JAMES A MITCHELL
NAME/ADDP. 2685 NORTH SHORE OR 5
ORONO M4 55391
PROP ADDR
OWZ:ER NAME
TAXPAYER TOTAL BATCH 002 00006
NAHE/ADDR
HENNEPI14 COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 09-117-23 42 0001
02655 NORTH SHORE DR
LURA 6 RECTOR
LURA 6 RECTOR
2655 NORTH SHORE DR
WAYZATA Y«W 55391
38 09-117-23 42 COOS
02683 NORTH SHORE OR
TIMOTHY L TRAFF
TIMOTHY L TRAFF
2683 NORTH SHORE OR
WAYZATA MH 55391
REPORT N0. P2435401
PAGE 3
38 09-117-23 42 0002
02605 NORTH SHORE OR
C i M PIHL
CHARLES R PIHI
2605 NORTH EE;14E DR
WAYZATA lei 55391
38 09-117-23 42 0007
CLIFF F TRAFF JR
CLIFF F TRAFF JP
V4 50 MAPLE RIDGE RD
WAYZATA 124 55391
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION. TO BEST
OF MY KNOWLEDGE AND BELIEF
OATF�" v, / BY
(1920,
MEMORIAL
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NI
ARK ,'� ^ Ec F%pIDGE-
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EMORIAL
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Certificate of Survey for
Merrill Lynch Realty Burnet
in Government Lot 4, Sectic., 9-117-23
Hennepin County, Minnesota
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1 hereby certify that this is a true and correct representation of a survey of the boundaries of
That part of Government Lot 4, Section 9-117-23 described as follows: Commencing at a point in the
center line of County Road as laid out and traveled in the Easterly and Westerly direction across
said tract, which point iz 825.35 feet Easterly from a point where the center line of said road inter-
sects the Western line of said Government Lot 4; thence at right angles to said center line of said
County Road a distance of 382.12 feet more or leas to the shores of Lake Minnetonka; thence Easterly
along the shore of said lake 210 feet to a point in the center line of so called side road leadim, fro:'.
County Road aforesaid to said lake; thence Northeasterly alony the center I!ne of said side road a
distance of 385 feet more or lass to a point in the center line of aforesaid County Road; thence
Westerly along the center line of said County Road a distance of 270 feet to the point of beginning.
according to the plat thereof on file or of record in the office of the County Recorder, Hennepin
County, Minnesota' (description per Doc. No. 4753759)
solely for the purpose of showing the existing Incation of three existing buildings in relation the
property lines as staked and occupied. All further certification is expressly reserved.
COFFIN & GRONDERG, INC.
Scale:
1 inch = 50
feet
Mark S. Gron1wr,1 MN. Lic. No. 12155
Oat(
September 11,
1987
Gordon R. Coffin MN. lir. No, 6064
•
0
Iron marker
Iron marker
found
set
Engineers, lard `ur veyor,, 1'I,,nne r 5
lowl Lake, Minnesota
iCurA, QLA i / CUolt j9G�
i
art
:t4'�a
To: Planning Commission Chairman Kelley
Orono Planning (' - -4 ssic-n Members
City Administi '3ernhardson
From: Jeanne A. Mabusth, Building & Zoning Administrator
Date: October 13, 1987
Subject: #k1216 Clark Winslow, 1595 Bohns Point Road -
Conditional Use Permit - Public Hearing
Pertinent Ordinances -
Section 10.03, Subdivision 19 - Conditional Use Permit required for
land alteration.
Section 10.55, Subdivision 8 - Variance required for alteration of a
designated wetland.
Pertinent Facts
Zoning District - LR-lB
Total Area = 4+ acres
Dredging of 1,548 cubic yards (150 dump truck loads) of spoils to be
trucked from site
Pertinent Issues -
1. Application involves the dredging of a designated wetlands
requiring both a conditional use permit anO variance.
2. The application to dredge the pond was approved by M.C.W.D. at
their meeting of 7/16/87 (Exhibit D) subject to the City of Orono
approval. Note the remaining items in that approval were tabled.
Since that review both the Public Works Department and M.C.W.D. have
worked together to approve the raising of the culvert elevation to the
930 elevation. All other phases of the application would have
required conditional use permit review and to staff's knowledqe have
been dropped.
List of Exhibits
Exhibit
A
- Application
Exhibit
B
- Property Owners List
Exhibit
C
- Plat Map
Exhibit
D
- M.C.W.D. Letter
Exhibit
E
- Engineer's Renort
Exhibit
F
- Plans
The application involves
the removal.
of aproximately 1,548 cubic yards
of spoils from a wetland 1/3
to 1/2 acre
in area. The maximum
depth of
the pond is proposed at a 12
feet depth
wit'a outer ring areas at 10 to 5
feet of depth. Slopes will
he at a 3:1 ratio. The culvert has
not been
raised to the 930 elevation
as yet but
will be completed with
the pond
dredging. The present elevation at 929? allows
lake water to flow
;rc�m i.he
eas' through culvert to pond.
Zoning File #1216
October 13, 1987
Page 2 of 2
The applicant wants to dredge the pond so that there is standing water
at all times. The wetland is predominately dry with cattails - the
alteration involves 25t of the pond area. Per the Engineer's report,
Exhibit E, the dreriging wi'�l slightly reduce the assimuiative capacity of
the marsh. The proposed depth will reduce alge growth and pond odors. The
Engineer sees no long term adverse effects on Fake Minnetonka as a result
of this project because of the minimal scope of the project. The project
will result in in7rease sedimentation capacity and wildlife habitat.
Prior to making a recommendation on this application, Planning
Commission should consider the necessary findings that must be made prior
to making your recommendation whether it be for denial or approval -
Section 10.55, Subdivision 25 (A), Items 1-7.
If approved your conditions should include the following:
1. Applicant to provide silt fencing near the pond outlet.
2. Hauling cannot take place on week -ends and may only be conducted
Monday through Fri -lay, 7:30 a.m. to 4:30 p.m. City must be advised in
writing if it is necessary to haul on Saturdays.
3. The liability issue should be reviewed by applicant since the
creation of a 12 feet deep pond will create a potential hazard.
Additional Comments and Planning Commission Recommendation -
October 30, 1987
The Planning Commission questioned the classification of a pond of
this size as a protected wetland. Staff advised that cattails or
vegetation did provide assimulative treatment of run-off to the pond
(serving 4+ acre watershed). Currently, the elevation of the_ culv.,rt to
the east side of the pond allows lake water to f low into pond when lake
re -aches an ^levation of 929+. The raisinq of the culvert and the increased
depth of the pond will allow greater retention for run-off from the
watershed an�.i the untouched vegetation (75% of pond area) will sti11
provide adequate treatment for this sized watershed.
Planning Commission approved of the dredging application but
questioned staff's concern for the liability of the application with a pond
now at a 12 feet depth. Planning Commission felt that this is the same
issue for the owner who installs a pool. The insurance carrier of the
owner shall. advise applicant of his liability if any.
The enclosed resol.uLion has been drafted per Pla�ining Commission
recommendation.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION GRANTING
A VARIANCE TO
LUNICIPAL ZONING CODO
SECTION 10.55, SUBDIVISIOM 8
AND A CONDITIONAL USE PRRl+l,I'.
PER SECTION 10.03, SUBDIVIGICN 19
FILE #1216
WHEREAS, Clark Winslow (hereinafter "the applicant") is the owner
of the property located at 1595 Bohn's Point Road within the City of Orono
(hereinafter "City") and legally described as I,ot 2, Block 1, Beth and
Bridget, Hennepin County, Minnesota (hereinafter "prope r:.y"); and
WHEREAS, the applicant has made application tt. *he City of Orono
to permit the dredging of 1,548 cubic yards of spoils from a pond
approximately 1/2 acre in area requiring a conditional Lse permit per
Section 10.03, Subdivision 19 and per Section 10.55, Subdivision 8 seeks
approval of a variance because the pond is classified as a designated
wetland.
Minnesota:
NOW, THEREFORE, BE IT F.ESOLVFD by the City Council Cf Orono,
FINDINGS
1. This application was reviewed as Zoning File #1215.
2. The property is located in the LR-lB Single Family Lakeshore
Rcsidenti.al Zoning District.
3. The property is approximately 2.12 acres in area.
4. The Orono Planning Commission reviewed this application on October
19, 1987, and recommended approval of the proposed variance to Section
10.55, Subdivision 8 allowing the dredging of a designated wetland,
and recommended approval of a conditic .1 use permit per Sectior
10.03, Subdivision 19 to allow the dredging of 1,548 cubic yards of
spoils from the pond, based on the following findings:
A) The actual alteration will involve only 25% of the pond area
at approximately 1/2 acre.
B) The proposed depth of 12 feet will reduce algae growth and
pond orders.
Page 1 of 4
City of ORONO
1 RESOLUTION OF THE CITY COUNCIL
NO.
C) The scope of the overall project is minimal and will result
in a negligible impact on the lake and wetlands.
D) In a report dated October 12, 1987, the City Engineer Glenn
Cook had the following comments:
i. The proposed alteration will improve the sedimintation
capacity available and widlife habitat.
ii. The proposed alteration would not appear to have any
long term adverse effects on Lake Minnetonka.
iii. The alteration will reduce the assimilative capacity
of the marsh slightly.
Based on a review of the necessary findings in approving the
alteration of a protected wetland, the Planning Commission made the
following findings:
1. The proposed alteration will not restrict the passage of flood
water or run-off.
2. The alteration will not pose a danger to life or property.
3. The proposal appears to be compatible with the City's desire to
preserve natural land forms, vegetation and wetlands.
4. The alteration will provi .e greater storage or retention of run-
off as a result of the increase in depth.
5. The City Council finds that the conditions existing on this pro-
perty are peculiar to it and do not apply generally to other property
in this zoning district; that granting the variance would not
adversely affect traffic conditions, light, air nor pose a fire hazard
or other danger to neighboring properties: would not merely serve as a
convenience to the applicant, but is necessary ':o alleviate a demon-
strable hardship or difficulty; is necessary to preserve a substantial
property right of the applicant; and would be in keeping with the
spirit and intent of the zoning Code and Comprehensive Plan of the
City.
6. The City Council finds that granting a cc iditi-onal use permit to
allow the dredging of the wetland 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
keepinq with the intent and objectives of the Zoninq Code and
Comprehensive Plan of the City.
Paqe 2 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
' NO.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants a variance to Municipal Zoning Code Section 10.55,
Subdivision 8 and a conditional use permit per Section 10.03, Subdivision
19 to allow the dredging of 1,548 cubic yards of spoils from a wetland on
the subject property, subject to the following conditions:
1. Prior to dredging silt fencing must be installed near the pond
outlet.
2. The hauling of the spoils shall not take place on Saturdays or
Sundays and shall only be conducted Monday through Friday, 7:30 a.m.
to 4:30 p.m. The City must be advised in writing if there is a vali,:
need to vary from this approved schedule.
3. Authorities granted by this resolution run with the property not
with the applicant, but arc permissive only and must be exercised by
application for a building permit within one year of the date of
Council approval, or the special conditions of this resolution will
expire on that date (November 9, 1988).
4. Violation of or non-compliance with any of the terms and condi-
tions of this resolution shall constitute a violation of the zoning
code, shall automatically terminate any authority granted herein, and
shall be punishable as a misdemeanor.
5. The undersigned applicant has read, understood and hereby agrees
to the terms of this resolution and on behalf of himself, his heirs,
successors and assigns, hereby agrees to the recording of this
resolution in the chain of title of the property.
Adopted by the Orono City Council on this 9th day of November,
1987.
ATTEST:
Dorothy M. Hallin, City Clerl. J,:mes R. Cra'_)rk, rta yc)r
Property Owner(s)
-
Date Rec'd
Feet .J
Receipt CyCL
b` Initials
CITY OF ORONO GENERAL LAND USE APPLICATION
---------------------------------------------------------------------------
PROPERTY LOCAT* :;:i
Site Address 1595 Bohns Point Road
Property Identification Number (P.I.D.) 0811723440015
Please check one - Is the property X abstract or torrens?
(for Conditional Use Applications only)
Please attach legal description to application if not included on
required survey.
---------------------------------------------------------------------------
APPLICANT Phone (home) 544-4215
Name Gustafson Design Phone (work) 544-4215
Address 1845 Wisconsin Avenue North City Golden Valley Zip 55427
-------------- --------------------------------------------------------------
OMNER (if different than applicant) Phone (home) ��I -
Name Clark Winslow
Phone (work) 332-1544
Address 1595 Bohns Point Road City 0r,,no Zip 55391
Date Property Acquired May, 1987 (month/year)
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.)
$150.00
c)
Duplex Credit/Bldg
$250.00
d)
Commercial/Industrial Use
"Y G'F ;'rtw
r rcF•Tr�F
X $200.00
f)
Land Alteration
a;lhie►,� yr
1 l•4 t• .. �Y♦ Y
Grading and filling - 101 cu. W. ot�l mor.*0. 0.
Seawall, retaining walls
lakeshore
r - '; ; _ *PV
PRD/PID - see fee schedule
OTHER APPLICATIONS
$150.00 Commercial Site Plan Review (+ consultant fees)
$250.00 Vacation
$150.00 Easement Vacation
$ 50.00 Easement Vacation With Subdivision
$250.00 Rezoning
$200.00 Appeals
Other - see fee schedule
PRESENT USE OF PROPERTY
Present Zoning District Residential
Present Use of Property Single family Residential
Other (specify)
---------------------------------------------------------------------------
DESCRIPTION OF REQUEST
Describe request in detail: Dredge out existing pond
---------------------------------------------------------------------------
REQUIRED SUBMITTALS
1. Completed Application Form.
2. Certified Property Owners List of owners within 350' (you can obtain
this list from Hennepin County Department of Finance A-603 Government
Cernter 348-3271)
3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names
on the above list with no return address.
4. Certificate of survey.
5. Construction plan, if applicable.
6. Plat Map.
---------------------------------------------------------------------------
The applicant and Property Owner must sign this application. Please
reme-'r that your application is not complete if the above information has
.i included.
-----------------------------------------------------------
Certification by Zoning Department that Land Use Application is complete.
Zoning Officials Signature
Date
---------------------------------------------------------------------------
APPLICANV 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 suppl ed is true and cor ect to the best of his/her
knowledge.
Applicant's signature Date
OWNERS SIGNATURE
The owner hereby acknowledges and agrees to this application. and further
authorized reasonable entry onto the property by City staff, consultants,
agents, commission members, and Council members for purposes of
investigation and verification of this request.
Owner's signature i � , } �, t Date
x
Applicant muct have all submittals into the City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are held on the
third Monday of each month. Applicants must L)e present at all scheduled
review meetings of the Planning Commission and Council, and, if an
applicant is unable to attend a scheduled meeting, to please make
arrangements to have an authorized agent attend in your place and to advise
the Building & Zoning Office of this change prior to the meetinq.
RIJN DATE 09/24/87
HEW r PIN COUNTY PROPERTY INFORMATION SYSTEM
REPORT NO.
PI435401
PROPERTY O:?tERS LIST
PAGE
4
38 08-1:7-23 44 0014
38 08-117-23 44 0015
38 09-117-23 33 0005
PROP ADDR
01535 BOHNS POINT RD
01595 BOHNS POINT RD
01500 BOHtIS POINT RD
OL.�IER N,,ME
WILLIAM J A MAKY A ULRICH
C J i S L WINSL(YA
R K LEE i S N LEE
TAXPAYER
W:LLI4M J i MARY A ULRICH
CLARK J E SHARON J WINSLOW
R K 3 S N LEE
NAMr/ADDR
1535 POt!NS POINT RD
1595 SOIRIS POINT RD
1500 BOHNS POINT RD
WAYZATA tt11 55391
WAYZATA MN 55391
ORONO Y.N 55391
38 09-117-23 33 0006
aft 09-117-23 33 0007
38 09-117-23 33 0008
PROP AOOR
01520 BWtS POINT RD
01540 BOHNS POINT RD
01580 BOHNS POINT RD
CAZ"ER NAME
DOLT LAS E KIRCHNEP ETAL
G W K,ALWEIT ETAL
RICHARD M KOVACEVICH ET AL
Tt PAYER
DOUGLAS E KIPCHNER
GEORGE W KALWEIT
RICHARD M KOVACEVICH
N-'ME!AODR
1520 P ANS POINT RD
1540 BO31tt5 POINT
C/O HORI:EST CORP
WAYZATA MN 55391
WAYZATA tN 55391
1200 PEAVEY BLDG
MPLS MN 55402
:9 16-117-2J 22 0001
38 16-117-23 22 0002
38 17-117-23 11 0001
- -
t'POP ADDR
01600 BOHlM POINT RD
01640 BO";V:S POINT RD
C"1665 SCIINS POINT RD
C41"ER NAtIE
JO';EPH C THOMiEON • WIFE
0 A 0 DUNLAP
T DENNY SANFORD ET AL
TA)t'AYEP
TH""S d CC'041E `a'_EN
DAVID J i DIANE J DUNLAP
T DENNY SANFOPD
NAME/A�OR
I600 Bt"fis POIt1T ROAD
1640 BOHNS POINT RD
430 OAK GROVE ST SUITE 200
CRCtm t'.:1 55391
WAYZATA MN 55391
MPLS MH 55403
�
/
r
�
38 1 117-23 11 0002
38 17-117-23 11 0003
38 17-117-23 11 0004
PPf'P ADDR
01655 BOHHS POINT RD
01625 BOHTK ^DINT RD
CZ-TP NAME
J DAYTON & E PAYTCN
THE BANK W4YZAsA TRUSTEE
0 A S Af7CERSON ET AL
TAXPAYER
J M DAYTON 9 E J DAYTON
THE BANK IIAY=;'A TRUSTEE
TCt1 E SI:l-EN
TAME/AOOR
1655 W4NS POINT RD
C J 61MLOW RETIREMENT TRUST
1600 CC:NS POINT RD
WAYZATA MN 55391
900 E WAYZATA BLVD
WAYZATA MN 55391
;� • ?``
"
WAYZATA MN 55391
39 17-117-23 11 0005
38 17-117-23 11 0006
38 17-117-23 11 0007
PROP ADM
01629 BOHNS POINT RD
01635 BOHNS POINT RD
01645 B^fft1S POINT RO
OVER NAME
6 R NELSON i B A NELSON
DOUGLAS W LOHM:R i WIFE
D R M FOX
TAXPAYER
[ERALD R i BARBARA A NELSON
DOUGLAS W LOfiflAk
DAVID K d MARGENE FOX
NAME/ACOR
1629 BOHN'S POINT ROAD
1635 BOHNS PT PC
1645 eOHNS POINT RD
"
GROW MN 55391
WAYZATA MH 55391
WAYZATA t:N 55391
38 17-117-23 11 0008
38 17-117-23 11 0009
38 17-117-23 11 0010
PPOP toop
DG'::R N`.ME
J M DAYTON A E J DAYTON
J M DAYTON i E J DAYTON
J M DAYTON fi E J DAYTON
TA/PA1_a
JUDSON M DAYTON
JUDSON M DAYTON
JUDSON M DAYTON
Nkl,IE/cDOR
1655 DOHN'S POINT ROAD
1655 BOHN'S POINT ROAD
1655 BOHN•S POINT ROAD
OPCtlO MH 55323
ORONO MN 55323
OROt:O MI 55323
193
RUN DATE 09/24/87
BATCH 003
38 17-117-23 11 0011
PROP AMR
0'#2:ER NAME J M DAYTON b E J DAYTON
TAXPAYER JUDSCN M DAYTON
NAME/ADDR 1655 BOHN'S POINT ROAD
ORONO MN 55323
PPOP ADOP
C''—KER NAME
TAXPAYER TOTAL BATCH 003 00021
NAME/ADDR
HENN7 PIN LWTTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 17-117-23 11 0012
J M DAYTON t E J DAYTON
JUDSON M DA'iT04
1655 BOHN'S POINT ROAD
OPONO 114 55323
REPORT tAO. PI435401
.'AGE 5
38 17-117-23 11 0013
J M DAYTON 9 E J DAYTON
JUDSON M DAYTOr:
1655 SONN'S PO`4T ROAD
ORONO KN 55325
I CERTIFY TtiAT THE FACTS REPRES_NTED ARE AN ACCURATE AND TRUE
REPPESEtiTATIM4 OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HffC,EPIN COUNTY DEPARTMENT OF PR I'RTY JAXATION, TO THE REST
OF MY KNOWILEDGE Ate BELIECF100, �
DATE 1� DY �(""' ��
• \
ZAC
09 7 !
�1
, ` 1 �p 1
. S5
s4io:
vILLYE Or o1RoMC
4AN 4—
a'
a
, k'r*
Y r rL04 1
-73
P.O. Box 387, Wayzata, Minnesota 55391
CAM OF WNAKN& and H. CodNRn. Fhm - Aftn L Lehman - John E Thomas
CamrAe D. Andre - James It SpvWey - Ilthard R MWller - VkAW it Carroll
:7s ate. -..►.a --—•�-sx'♦1�vydrat.�Tat�t •a'+ae: yes WAS"9:saw.+: m.a -. -= -.XJW Z•sa®gwVs
Permit Application No.: 8i-138 July 21, 1987
Owner: Clark Winslow
1525 Bohns Point Road
Orono, MN
Location: City of Orono, Sec. 16 BBB
Crystal Bay, Lake Vir. etonKa
Purpose: Dredge an existing wetland deeper and install ao outlet to
Lake Minnetonka.
Dear Mr. Winslow:
At the regularly schedule: •,.:ly V , ')87 meeting of the 3oard of Managers, the
subject :-mit application was re,. .red along with the following exhibits:
1. Permit Application No. 81-138, received July 6, 1987.
2. Site me showing location of ;r•:,,osed pond and adjacent property.
Site map showing drainage swalp across pr-..perty east of pond site.
4. Hand drawn sketch showing elevation of cuivert under Bohns Point Road arC
proposed pipeline.
5. Site plan showing d• ils of pone! construction.
6. Site plan showing alteratior, 'or sewer installation.
r The Board approved the M !land alters' port.un of the project only. The
�J
applicant should note construction of -te propose-' sewer outlet is not
`u,authorized under this permit. It is recommended that the proposed outlet be
(� L considered under a separate permit application. _ J
Y'• This document is your permit from the MCWD. It is vali� for one (1) year. If
construction is not complete within one (1) year, an extension 1;-Oust be
requested. Please contact the District at 473-4224 when the project is about
to comnen,:e so an inspector may view the work in progress.
EUGENE A. HI City&: AIND ASSOCIATES
Engineers for the District cc: Boar.i
G. Macomber
Cale Gustafson 4
c Jeanne Mabusth, City of Orono
chae A. in P.;.
7Z//t-;
Dat r, uu
TABones t roo
W�m Rosene
Anderiik &
Associates
Engineers a Architects
October 12, 1987
City of Orono
Box 66
Crystal Bay, MN 55323
Attn: Jeanne Mabusth
Re: #139-1216
Wins Icv
1595 Bohns Pt.Rd.
Dear Jeanne:
Thomas W Peterson, ►E
MKhael C lynch. ►E
James R Maland, PE
Kennlls P Anderton. ►E
KeKh A BAChmann. PE
Mart R Rolls. PE
Robert C Rufwk. A s A
Thomas E Angus. PE
Howard A Sanford. PE
Otto G soneuroa PE
Robert w Rowne. ►E
Joseph C Andlrsrk, PE
Bradford A Lemberg. PE
RKhard E Tu-, Pf
James C Olson. 11E
Glenn R Cook. PE
Thomas E Noyes, PE
Robert G S7ChunKht. PE
Malvin L SO_(Vyj._►E-
,Neon, ►E
R._ u Foster. ►E
Donasv C Burgardt. ►E
Jerry A Bourdon, ►E
Mark A Manson. PE
led K Field. ►E
M+Chae T Raulmann. PE
town R Pfelferfe. PE
Oavod O Loskota. PE
OCT 1 3 W7
Choose% A Errtkton
Leo r. Pawessky
HP, •.Nsom
Se iberUn
Mon a?p
We have reviewed the a1,1 c.=.r:on from Mr. b 14rs Wnslow at 1595 bohns Point
Road for pond coustru_tt-.•,+. ,he pond will he loco io a designated wetland
area. The area to be excavated is approximately 2-. ••enc of the wetland.
The pond construction will imrrove the sedimentatio. city available and
wildlife %abitat. The construction will reduce the ass,malation capacity of
the marsh slightly. The pond is proposed to he 12 feet deep wish 3:1 sloves.
The proposed depth of the pond will help to minimize alga growth and pond
odors.
The construction operations would result in some erosion prl,.•lem4 go silt
fence should he require' near the pond outlet. The proposed construction
would not appear to havr my long term alvr-se effects on Lake Minnetonka.
If you have anv questions, please contact this office.
Yours very truly,
9GNESTROO, ROSENE, A"TDERT.IK 61 ASSOCIA'rES, INC.
/e tl✓k
Glenn R. Cook
CRC/jo
Enclosure
7193e
2335 West Highway 36 • St. Paul, Mlnnese - 55113 • 612-636-46M
_ 4wp M,i- -.-
i
I ,
cr
f j
m
.� I
.4
Otto G Bonevroo. PE
Krrth A Gordon, PE
Thomas W Peterson, PE
Charles A E,Kkson
BOnestroo
Ri4wrt W Rnsene. PE
Joseph C Anded.. PE
Rchard W foster. PE
Donald C Burgardt, PE
Mictvsrl C Lyrrch. PE
James R Maland, PE
Leo M Paweisky
Harian M Olson
Rosene
Btadford A Lemberg. PE
E Turner, PE
Jerry A Bourdon, PF
Mark A Hanson. PE
Kenneth P Anderson, PE
Keith A Bachmann, PE
Susan M Fterhn
Mark A Se,
oRichard
Anderlik &
James C Coo. PE
pttnn R Cook. PE
Ted K Field ul
Mrchael T Kaufmann PE
Mark R ROils, k,
Robert C RusseY. A i A
E Noyes.
lho,Associates
t R PfelfeLoskot te, PE
E Angus, PE
ThomaHoward
Robert G XhunKnt, PE
boom 1.
David O loskaa. PE
Davi
Howard A Santoro. PE
Marvin L Sorvala, PE
Engineers & Architects
t ,
7
�J�l
November `• 1987
City of Orono
Box 66 Crystal Bay
Orono. MN 55323
Res 13935 Co. Rd. 15 Reconstruction (Henn. Co.)
Dear John:
We have reviewed various methods of funding the Co. R6. :5 Street Recon-
struction. The information we have provided herein is quite general but
should be useful in developing a plan of action.
The City of Orono's share of the project cost is $488,353.78 plus the penalty
of $210,000 incurred for spending MSA funds off the system as previously
discussed.
The City could use MSA funds to finance the entire project. The City could
assess the entire project costs to adjacent benefiting land owners. The City
could provide for any combination of project funding in between these two
options.
The City does not have much history on assessment of street reconstruction
proje^,ts. We did assess Blaine Avenue when it was reconstructed,to the
commrercial property adjacent the street.
We would recommend that a portion )f the project costs be assessed to property
owners adjacent the street on a front footage basis. The true :t•.,. sewer
coat not paid by State Aid should be assesed over the drainage area an a
square footage basis.
There is approximately 7500 lineal foc roperty abutting the roadway which
is 57 percent commercial and 43 percent rr:sJ.' ztial. The commercial property
should be assessed 60 percent of the actual street costs and the residential
property should be assessed 30 percent. This would result in an assessment of
$32.00/ft. for commercial property and $16.00/ft. for residential property.
This would generate $188,800 in revenue for the project.
Page 1.
letter 01
2335 West Klighwi, v 36 • St. Paul, Minnesota 55113 9 612-636-4600
The storm sewer trunk costs should be assessed over the area which will drain
into the system. We have not as yet received the plans from Hennepin County
so we cannot compute the trunk rates at this time. The storm sewer trunk
assessment policy should have the City picking up 30 percent of the cost. The
commercial property should be assessed at a rate equal to twice the residen-
tial rate. The policy we established for this project will also carry over to
the Highwjod storm sewer and other projects that may come up in the future.
If you have any questions, please coi.tact this office.
Yours very truly,
BONESTROO, ROSENE, ANDERLIF & ASSOCIATES. INC.
Glenn R. Cook
GRC:ci
paj"e ".
letter 01
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1 0-3t►-87
Lear Council 1',+ernbers:
wog - a 19e7
V
I, as a widow on a limited income am appalled (as well as ray neigh-
bors) that this village expects roe to pay for a "Public" sidewalk.
This is NOT a residential sidewalk on a residential street. It is a
community sidewalk on a county road providing a "supposealy" safe
pedestrian path from one community to the next. This sidewalk i5 a
community benef:.t, not just a neighborhood improvement.
I need docuraenripd oroof snowing that this sicewalk is; r_,nl y or,
improvement only t n ray property.
This sidewalk will be useci by touris.s, by ALL Orono resider,zs (as
well as Mound and 5princ park.) who ,_tse trli:i main artery pathway tc,
negotiate their tries to wt::srk., visit friends, conduct their ousi ess
errands, and walk t,, the M1C bus line.
I feel the sidewalk is a detriment to my property. it encou-ages
people to wall.( in rey yard. A public park ad,;ar-rrar,t t,, ray bec-ro-vow, wi ndaws
Police records will dc-curnent that the close proximity to the rcnad has
resulted in intruders and window peekers. "hp sidewal4 will bring
people even closer to ray home and maKe them seers, nzwt,_tr^a: stanclnq or
stroliinn so close to my house.
1 do not want this sidewalk nor Cozy I feel it is an asset or,
Improvement to the side yard of r :r ^�p�rty; but rather- a c"atriraet,t to
ray personal nrcperty ane a dangef _ ,s aittraction to children ar,c
pede^trtar-� who wc- :d c•rdinariiy ,Ise a sidewalk. ar. a S_fe to -de of
travel.
if a public safety stagy was dune am sure :t would cc-tncur that
County road 15 between Navarre and Spring park is an extremely
danqerous, trafficued road. To encourage pedestrians or children to
frecuent this area could he highly injurico-ts to Vne.r^ we' {a.^r.
Conversely if the village deerns the siaewald nf-,:denary. the expense
should be borne by all orooerty owners of the village.
At a t irne when, municlaai .. es and government elperciec arse
scri.ttinizinq r^r services, why should F_,n;:s be spent on
projects ttiat citizens con't wart" ►=ive or ten ys-i-s it the future will
tner-e sidewalks Dr, t---rr, tin t- acid rnnre traffic la -ea" .r^acffic lanes
that the county ft-e_s are nt eaea rinr�t rr:,w after ,:i- s• ive tr•afflc
If t-ilscr-te, tial exj.s:s, rer-ta,n.ly these ar-e not a
Karen Drderyor,
2413 Larman 5tr:*r'
Wayzata, MN 5 i39
10 3 0 8 7. 1�1
TO: Mayor and City Council
PROM: Mark Bernhardson, City Administr,`o
DATE: October 30, 1987
SUBJECT: 1988 Strategic Planning
Attachment: A. 1988 Proposed Strategic Planning
ISSUE - A ption of the 1988 Strategic Planning based on the
October 7, 1987 strategic planning meeting.
INTRODUCTION - At the Council's September 14, 1987 meeting they
established October 7, 1987 ac a special Council meeting to
undertake strategic planning for 1988. This represented the
second time the Orono Council had gone through this process and
the meeting on October 7tt, was a reviev, of the 1987 strategic
planning with thoughts and comments to be incorporated for 1988.
DISCUSSION - Attachment A represents the proposed modification to
the_i87 strategic planning for 1988 with changes from the '87
underlined for 188 in all areas except for the short terms
objectives. Short term objectives represent a new format for
1988 together with individual objectives under each one of the
major objectives together with proposed targetdates for these
objectives.
ALTERNATIVES - The Council may take one of tip ) owin 3 acticns:
A. Adcpt as presented;
R. Amend any portion of the strategic planning proposed
document including timetable and dates;
C. Discur> and/or table for further discussion
the strategic planning for 198A.
RECOMMENDATION - It is recommended that following discussion at
the__Council meeting they adopt the proposed 1988 Strategic
hlanninc )current.
PROPOSED MOTION - Moved by , seconded by , that the Council
adopt the proposed 1988 Strategic Planning document and
incorporate as part of the Administrator's Goal Setting. Ayes
r Na."s
Adopted 11/10/86
Revised 10/09/87
CITY OF ORONO
1987 STRATEGIC PLANNING FOR 1988
4ISSION STATEMENT
OUR MISSION is to provide appropriate services to persons within
the community of Orono together with contract communities
utilizing available resources in an effective manner accomplished
through
- A continuous process of objective analysis of past,
cirrent, and future trends considering the specific events
and unique physical surroundings that shape the mode and
structure of the organization
- A positive, forward looking management of personnel and
other resources in a business like, customer oriented
delivery of services
- A select, well trained, expert group of customer oriented
employees individually motivated and inrormed as to their
responsibilities together with the organizations overal
purpose and direction for delivering a quality product
- The aggressive utilization and maintenance of all
organizational resources
- Tt— contracting of services both in and out, to achieve the
ai.ropriate efficiency of service
cIPY OF ORONO
EXTERNAL ANALYSIS
- Increased private businesses
delivery of traditional public
services
- Selected demands for service
increases
- Increase communication
and information links
- Increased duplication of
authority in selected areas
- Increase6 development pressure
due '_o transportation link
upgrade and saturated second
r rg development
- ;Iu, uating state and growing
'-rnuolitan economies
- Pre��- •-e for jurisdiction
increase by multiplicity
agencies (County, LMCD,
Metro Council, etc.)
- Increasing development/
redevelopment pressure on
lakeshore property
Adoptea 11/10/86
Revised 10/09/87
INTERNAL ANALYSIS
- Expertise in Contracting
business both in and out
with other entities both
public and private
- Strong history and
orientation of responsiveness
to local citizenry/consumers
- ,deed to explore and develori
altered delivery systems
- Strong environmen 31
commitment
- Need to strengthen
continuil-y of staff
through training and
ongoing information manage-
ment system
- Need to strengthen thc
organizational image both
inside and outside the
rroanization
2
Adopted 11 /10/86
Revised 10/09/87
CITY OF ORONO
KEY STRATEGIC ISSUES
1. Ensure appropriate continuity and development of
organizational members.
2. Determination of community development direction and process
for the next five years.
3. Appropriate utilization of contracting entities.
4. Provide for the effective marketing and delivery of sere s.
5. Ensure appropriate communications and information provision
tojether with improved community identity.
6. Development of an appropriate financ'al policy.
7. Determine direction following completion of City fac'1ities
analysis- program.
CITY C 3100
1987 STRATEGIC I SING FOR 19'
KEY ISSUE OBJECTIVES
1. Continuity and Staff Development
- Maintain High Level of Continuit}
- Department Head Teamwork
- Selective Hiring/Targeting/Flexibility
- Hiyh Lv.-1 rF Staff Competency
- In t.k r ,e Training
1argPt ing n;-evelopment
- Overlap/Cant. : 1 t y
- Policy ?C«jy
- Staf r
.inagement informatio., System
Community Development Dir, -ton and Process
- How should vie develop
Change around u>
Storm W,:.t(-. r
- Commer- , "Al •%. Re :'(1 nt i . ]
- "Ival
- Highwa1
- Land r
- Potentia-
- Rezoning
- Process and Control
for upqrzle
Adopted 11/10/86
Revised 10/09/87
3. Utilization of Contracting; EnL•stios
Provider RcciLpi•nt
Police
Building/Zoning
Utility
- Public Works
9ackup
Fire
(Poli utual Aid)
Attorr..
Enginee..ing
Planning
Inspect itit
Private cl-Or sultant
Assessing
LOGIS
Contractual Service_ProvisioN %eview
- Financial
- Legal
- Service Capacity
- Administration
- Market
4. Market/Delivery
Pctential
Administration
Assessing
Garage
Street Maintenance
High Level/Service - Realistic/Palatable Cort
Market -
- Other C.-)mmunities
- Within thr Community
- Means tc '3rket
- Alternative Delivery System
- Targeting
5. Communication and Information
- Effective Delivery/Identity
- Type of Information
- Required (State/Local)
- Desired
- Media
- Cable
- Newspaper
- Newsletter
- Brochure (Parks etc.
- Market
- Available
Access
- Information and Referral
- Image
- Means for Current Infrrmation
6
Drafted 10/9/87
CITY OF ORONO
1987 STRATEGIC PLANNING FOR 1988
1. Determine if Highway 12 corridor selection study should be
initiated and if so, undertake for 1988-89 completion. 2/88
2. Initiate steps for Navarre Redevelopment/County 15
* Formulate housing and Redevelopment Authority 2/88
* Solicite ideas and proposals an,1 determine scope of
redevelopment 3/88-9/88
* Monitor County 15 progress Commence 3/88
3. Determine direction regarding City facilities
*
Complete Phase I analysis
12/87
*
Determine alternatives for further study
1/88
*
Determine course of action
3/88
*
Implement
5/88
4. Complete Stubbs Bay Sewer
*
Complete study required by comp plan
2/88
*
Determine if engineering feasibility study should
be
initiated
3/88
*
Determine financing options
6/88
*
Explore development moritorium
2/88
*
If appropriate, initiate project
8/88
5. Commence Storm Water Management Plan
3/88
6. Review
and revise as needed the community development
direction
and process
*
Review advisory and policy bodies role and
responsibilities
1/88
*
Review and revise as necessary staff/adv isory/pol
icy
body process for development review and execution
working towards service and results oriented
"No
Surprises" process.
1/88
*
Implementation of Highway 12 Comprehensive Plan
1/88
*
Enhance effective control on Marinas
2/88
7. Continue Development of Community Transportation Plan
* Develop MSA capital program (1988-1993) 12/87
* Develop bridge replacement program (1988-1993) 12/87
* Continu-d analysis of public/private issue Ongoing
* Evaluate to see if there are any desirable results
from County 116 proposal A; needed
103087.4 17
TO:
Mayor
and City Council
j
FROM:
Mark
Bernhardson, City
Administrator\\l
DATE: October 30, 1987
SUBJECT: 1988 Legislative Policies
Attachment: A. 1988 League of Minnesota Cities Legislative
Policies (Previously transmitted to Council
by the League)
B. Association of Metropolitan Municipalities
Proposed Legislative Package
C. Proposed 1988 City of Orono Legislative Policies
D. Marketing of. City Objectives Program Dated 8/3/87
ISSUE -
A. Provide the Council a format for discussion of League of
Minnesota Cities and Association of Metropolitan Municipalities
policies in which they have particular interest or concerns.
B. Adoption of program policies for the City of Orono to be
specifically interested in for the 1988 year particularly as it
relates to the Legislature.
INTRODUCTION - During the past two Legislative sessions the
Council has_ adopted specific policies with which they have
concerns with the other units of government, such as the Federal,
Legislative etc. While this policy has not been actively lobbied
in the past two sessions, it does provide staff with ideas as to
ones the Council considers to be of importance. When made aware
of bills pending in the Legislature that the Council is either
for or against the staff can take a more active role towards
achieving those policy interests. This policy is an element of
the program "Marketing of City Objectives" adopted August 10,
1987.
DISCUSSION_ - As noted in both the League of Minnesota Cities and
the 914 s policies there are a number of issues laid out, most of
which many of the municipalities in the those groups are
generally in agreement. A few are controversial anal generally
the City of Orono could adopt a legislative policy that
diipl icated each of those. The intent of the local pol icy is to
select the ones of major importance to Orono.
As you may be aware it is helpful to review these in advance of
the policy adoption meetings which are as follows:
November Is?, 1987 - i,eayue of Minnesota Cities -
December ), 1987 - Assc,ciaticin of Metropol it:n Muni: ip,_,l hies
Following adoption of the League and AMM policies the City will
finalize its policy document to reflect any changes in those two
documents and will be submitted to the City's Leg:slative and
other elected representatives.
The Association of Metropolitan Municipalities is taking a more
active role in encouraging communications between the local unit
of government and their elected representatives and as such
recommend the adoption of the following:
A. Select Legislative Liaison - An individual
(preferrably a Councilmember), who with the assistance
with staff, would work between the City and Legislative
representatives on issues of importance to tha City.
B. Committee/Legislative Communications - . -ck to have
the City meet with the Legislators both in advance of
the legislative session to discuss issues and as a
follow up following the legislative session to ascertain
results of the session. (Means to Market City
objectives)
ALTERNATIVES - The following represent general alternatives of
action for the Council to take.
Issue A.
Discuss any League or AMM policies that are of
concern to the Councilmembers and direct staff to
either support or work to alter the ones of
concern.
Issue B.
1. Identify issues for the City of Orono's
policy's that ar,.-:
a. Significant;
b. Delete - not considered important;
C. Alteration of any positions on the issues in
line with the Council's thinking.
2. Adopt as presented and/or amend
3. Table Discussion
RECOMMENDATION - Following discussion it is recomm-nded that the
Council direct staff as to any City input regarding League and
AMM policy and additionally that the Council preliminarly adopt
the proposed 1988 Legislative Package which upon adoption of AMM
and League policies will be transmitted to the various elected
officials that serve the City of Orono. Additional ly it is
recommended that COUnci lmembers consider their interest in the
position of Legislative Liaison an indicate their interest to
the Mayor.
3
The City staff will establish time when the legislative
representatives can attend a Council meeting to discuss these and
other policies with the Council.
PROPOSED MOTION - Moved by , seccnded by _ , that the Council
adopt the legislative policies and direct staff to attend the
League and AMM policy adoption meetings together with submitting
the City's policies to its representatives and establish a date
for attendance by its representatives to meet with the Council.
Ayes __, Nays __
MUNICIPAL REVENUES
I -A LEVY LIMITS
A-1 5$._A LEVY LIMIT REPEAL
The Association of Metropolitan Municipalities has consistently
opposed the lev; limit laws in that they apply uniform statewide
restrictions to cities and are too inflexible to accommodate
inflation, uneertanties in state and federal financial aids, and
the diverse problems and circumstances faced by cities throughout
the state. Such laws are inconsistent with principles of local
self-government and accountability. Neither do they recognize
changing local conditions as to either expenditure needs or
revenue sources. Levy limits may ultimately work against the
interests of local taxpayers because the law creates an incentive
for cities to take maximum advantage of the opportunity to make
general or special levies. For example, the arbitrary decision in
1981 to create a new levy limit base effectively penalized those
cities that were successful in holding down their property tax
levies in 1981. This was done again in 1987. History has now
provided cities with numerous lessons teaching that cities which
choose to levy less than the maximum allowed in a given year risk
being later tied to unrealistic or artifically low new limits for
future budget years. Therefore,
THE AMM REMAINS STRONGLY OPPOSED IN PRINCIPLE TO SUCH LIMITATIONS
AND RECOMMENDS THAT THE MINNEJUTA LEGISLATURE REPEAL LEVY LIMIT
LAWS FOR CITIES.
A-2 LEVY LIMIT INDEX
The 1985 Legislature reversed the annual levy limit base increase
index from the greater of the Implicit Price Deflator or 5% to the
lessor of these. In 1987 this was changed to 3$. F.::r many years
cities argued that the levy base increase s:iould not be a flat
percentage but be indexed to reflect cost of doing business. This
is especially true since labor costs are 60 to 65 percent of the
total municipal cost, yet because of the s';.ate PELRA laws control
of wages and wage increases often is determined by outside
arbitration. Also, during those years, of fiat percent increase,
many adjustments and gimmicks were needed to keep up but since the
ado;tion of the Implicit Price Deflator as an index, this has not
been the case and property tax increases have been reasonable.
THE AMM URGES THE LEGISLATURE
INCREASE TO 1HE IMPLICIT PRICE
ONLY INDEX OF ACTUAL NEED. 8R S4
I-B LEVY LIMIT MODIFICATIONS
TO RESTORE THE ANNUAL LEVY BASE
DEFLATOR, SINCE THIS IS THE
*h I G4iE V L'H— I$ $fi E * i Ef .
Although the AM,M is strongly opposed to Levy Limitations as
currently legislated, the organization is aware that there is
significant legislative initiative to maintain the responsibility
for local property tax levels. However, local government must
continue and be allowed to provide for services that people demand
and that state and federal law require. Therefore, if repeal is
not ado-ted, the Association supports amendments to the present
levy li t law to provide further relief from current inequities.
B-1 REALISTIC LEVY BASE
The 1983 legislature restored the pre 1982 levy base formula of
local government aids plus levy limit on which annual growth is
calculated without regard to actual levy. This method provides
that cities may levy less than the limit without losing the
ability to regain the underlevy in future years. The legislature
also provided growth based on an index rather than a flat
percentage and growth increase for the greater of population or
households and some base growth for commercial and industrial
activity. All of these growth factors are necessary as a minimum
to allow cities the ability to at least stay even with service
provisions for the varying population needs.
THE AMM SUPPORTS CONTINUED USE OF THE CURRENT LEVY BASE ADJUSTMENT
FACTORS AS A MINIMUM FOX FUTURE LEVY YEARS IF THE LEGISLATURE
FINDS IT PHILOSOPHICALLY NECESSARY TO CONTINUE LEVY LIMITS FOR
C I T I ES -Oif£ R-50 0e- P Off L AT I Ott.
I-D PROPERTY TAX
D-1 TAX EXEMPT PROPERTY
One of the glaring inequities in the Minnesota tax system involves
the free local services that are provided to tax exempt property
owned by the state and by certain non -governmental organizations.
It is widely acknowledged that such property benefits directly
from governmental services such as police and fire protection and
street services provided by cities and counties. However, since
there is not legal basis for claiming reimbursement for the cost
of such services, they are borne by the local taxpayers.
Furthermore, such property is concentrated in certain cities and
counties resulting in a heavy cost burden in certain parts of Lhe
state.
THE ASSOCIATION 1)ELIEVES THIS PROBLEM SHOULD BE CORRECTED BY
ENACTING LEGISLATION, }EQUIRING OWNERS OF TAX EXEMPT PROPERTY,
--EXCEPT FOR-CHUR"ES,-40USFrS Of- WORSHIP, -" PROPERTY ED S6LcL-Y
+,UR--EDUGATIONAL Pi�Rf'OSES-BY-*ICAUEMIE.4-,�OLL-e9ES,—UN"E;RSI-rlM AJiD
SEMI-tARttS Of LE"NI", TO REIMBURSE CITIES AND-OUNTIES FOR THE
COST OF MUNICIPAL SERVICES.
I-F GENERAL FISCAL IMPACT POLICIES
F-u FUNDING SHIFTS (REPLACEMENT)
Minnesota's population and property market value are evenly
distributed between the seven -county area and outstate. For
example, in 1986 2,102,441 persons resided in the metropolitan
area compared with 2,111,572 non -metro. Payable 1986 market
property valuation is also comparable $52,131,241,000 metro vs.
$61,052,901,000 rion-metro. Although per capita market valuation
is the same (1% difference), a high discrepancy exists in the
collection and redistribution of state tax do-lars. This
disparity is especially noticeable in the amount of property taxes
the average metro home pays vs. average non -metro (1987 Citizens'
League Property Tax Survey--$1,021.71 metro vs. $460.04 non -metro;
metro cities above 2,500 population vs. non -metro cities above
10,000 popullAtion). Minnesota House of kepresent&tives Research
Department ar,;:ually prepares Major State Aids and Taxes: A
comparative Analysis. The latest 1986 update (based on 1985 data)
discloses 64 percent (2/3) of all major state tax is collected in
the metro area; yet, only 46 percent of government aid flows
back to the metro region. Tre trend will be more lopsided in the
future under new school aid and property tax aids approved by the
State Legislature. In addition, the Greater Minnesota Corporation
(used to fund primarily outstate economic development projects)
received a windfall because of the state's current budget surplus;
and, as a result, will direct more money outstate. State tax and
aid policies may ,,eopardize the future eco:omic growth of tLe
metro area to the detriment of the whole state:
STATISTICS SHOW THAT 64% OF THE STATE REVENUE IS RAISED IN THE
METRO AREA WHILE ONLY 46% OF THE STATE KIDS AND CREDITS ARE
ALLOCATED TO THE METRO AREA. WHILE SOME IMBALAN,':E IS ACCEPTABLE
AND UNDERSTANDABLE, THE A14M EMPLORES THE LEGISLATURE TO 2PENLY
STUDY THIS IMBALANCE, AND STEM THE INCREASING OUTFLOW. THE 1987
LEGISLATURE COMPOUNDED THE ABOVE STATISTICS WITH NEW SCHOOL AND
MUNICIPAL AID FORMULAS. ENOUGH IS ENOUGH, IF ALLOWED TO CONTINUE,
THE ECONOMIC GROWTH AND VITALITY OF THE METRO AREA WILL BE SAPPED
THUS HARMING THE ENTIRE STATE.
F-5 OPPOSE SALES TAX FOR CITY PURCHASES
The 1967 legislature faced with a significant budget shortfall and
increased spending desires for education considered exte,iding
sales tax to all local government purchases as a method to
increase state revenue. The final decisior eliminated sales tax
for general purpose but did retain the 6% mot-r vehicle excise tax
for all city vehicles. Although this admittedly helps the state
coffers it does so by creating an additional local government
expenditure that can only be paid for through the property tax
which is considered the most regressive of the three major tax
areas. In essence the state is imposing a property tax to fund
state services that properly should be funded by a mcre
progressive income tax. This is bad public policy and therefore.
-3-
THE AMM OPPOSES THE IMPOSITION OF SALES TAX ON GENERAL GOVERNMENT
PURCHASES. ADDITIONALLY, THE AMM REQUESTS THE LEGISLATURE TO
REPEAL THE 1987 LAW REQUIRING MOTOR VEHICLE EXCISE TAX FOR LOCA
GOVERNMENT VEHICLE PURCHASES. BOTH OF THESE TAXES ARE IIJ REALI'..
A STATE IMPOSED PROPERTY TAX TO FUND STATE PROGRAMS THAT SHOULD BE
PAID FOR BY MORE PROGRESSIVE TAX SOURCES.
F-6 STATE REVENUE STABILITY
The AMM urges adoption of fiscal and revenue policies that will
stabilize state revenues and thereby lead to more predictable
funding levels for local governments. Inevitably, the stability
of revenues flowing to local governments is dependent on the
stability of revenues flowing to the state. A reserve should be
built up during years of economic prosperity and used only to
protect the state budget from unexpected economic downturns, not
for tax reductions or expenditure increases. Such a budget
reserve is necessary given the relatively volatile tax bases on
which the state currently relies (particularly the income and
sales tax) and the potential for error in revenue and economic
forecasting.
THE AMM SUPPORTS ESTABLISHMENT OF A PERMANENT BUDGET RESERVE EQUAL
TO A MINIMUM OF FIVE PERCENT OF TOTAL STATE OUTLAYS. AS SOON AS
POSSIBLE THE RESERVE SHOULD BE BUILT UP TO A MORE ADEQUATE LEVEL
IN EXCESS OF FIVE PERCENT OF OUTLAYS.
I-G FISCAL DISPARITIES
G-5 TIF DISTRICT FD CONTRIBUTION
Present Tax Increment Finance (TIF)/Fiscal Disparity (FD) law
requires that a City or HRA make a one time election to make the
TIF district FD contribution from the district itself or from, the
"city as a whole". The vast majority of districts are created
with the City or HRA electing to make the FD contribution from the
City as a while which increasers the City's mill rate resulting in
an additional tax burden. If, by year two or three of the T
district, it is clear the district could make. the FD contribu_.
and still meet debt service payment the City could reduce taxes
the FU electic.n could be reversed. For high tax cities t`::s may
be preferable to an early retirement of the TIF District.
THE AMM URGES THE LLGISLATURE TO AMEND CURRENT TIF/FD LAW BY
ALLGWING A ONE TIML OPPORTUNITY FOR A CITY OR HRA WITH A FD
CONTRIBUTION FROM THE "CITY AS A WHULE" TO PLACE THE FD
CONTRIB'LTIUN BACK IN THE TIE DISTRICT.
-44-
II.
GENERAL LEGISLATION
II-L-2 POST - COLLEGE REQUIREMENTS
Current POST rules require at least a two year degree in law
enforcement to be eligible to become a peace officer. This is
somewhat restrictive in that it does not allow for College degreed
persons to ma', a career change without returning to school for
significant aoued course work. The current applicants tend to
lack maturity that may be desireable to blend in to police
departments.
THE AMM ENCOURAGES THE POST BOARD TO CONSIDER ALLOWING PERSONS
WITH COLLEGE DEGREES TO BECOME PEACE OFFICERS WITH SOME ADDITIONAL
LAW RELATED COURSE WORK THAT CAN BE ATTAINED THROUGH PRE
EMPLOYMENT PART-TIME EFFORT OR DURING THE FIRST YEAR OF FULL TIME
PEACE OFFICER EMPLOYMENT. THIS DOES NOT EFFECT THE SKILLS COURSE
REQUIREMENTS.
II-R STATE AGENCY RULE MAKING
Legislation is needed to assure that municipalities are informed
of proposed rules when they are initiated by State Agencies to
assure a more meaningful appraisal of their impact upon local
government.
State agencies now are required to only publish notice of proposed
rules in the State Register which is not in general circulation
and which is available to local governments only by subscription,
whereas, State law mandates that local governments publish notice
of a variety of activities in legal newspapers and mail notices to
potentially affected parties. State agencies are not required to
notify local governments when rules are proposed that have direct
impact upon and directly involve the local governments.
The current law also allows the agencies to decide that proposed
rules are "nor. -controversial" and thereby negate the requ.rements
for a Public Hearing. The decision that a proposed rj.e is
"non -controversial" may be overridden only if 25 pers:r,,- file a
notice with toe agency that a Public Hearing is desi,ad.
The law requires agencies to make a finding as to the cost the
proposed rules would have for other units of government; this
process does not require the solicitation of input from :.he other
units of government, but, rather, is left to the agency itself.
The cost threshold for "non -controversial" is an overall dollar
amount that does not consider, that the cost could be very
significant for some units.
THE AMM REQUESTS LEGISLATION THAT WOULD REQUIRE DIRECT
NOTIFICATION FOR PROPOSED AGENCY RULES IF THERE IS IMPA:'T OF ANY
FINANCIAL NATURE REGAKLLESS OF THE AMO"NT. ALSO, THAT AGENCIES BE
hEQ IkEU TO ESTABLI:;H AN OPEN PROCESS TO SEEK INPUT FROM AFFECTED
6UVEhNMENTAL AGENCIES PRIOR 1`0 DECLARING, A PROPOSED RULE
"NON -CONTROVERSIAL" THUS BYPASSING FORMAL PUBIC HEARING.
II-S GEESE PROLIFERATION
The Geese population has been growing significantly in the
Metropolitan Area over the past several years and Without enhanced
control methods will continue at an accelerated rate. The geese
return to their, birthplace annually to summer and reproduce. They
are becoming a health and safety hazard around area parks and
waterways. The DNR, some cities, and the University of Minnesota
have been, on a spot basis,involved in various control activ_t;
However, due to safety reasons and funding, these activities
less than adequate.
THE AMM REQUESTS THE LEGISLATURE TO INITIATE AN Ir=DEPTH STUDY
INVOLVING THE DNR AND U OF M TO DEVELPD A GEESE CONTROL PROGRAM
AND TO PROVIDE ADEQUATE FUNDING T.. IMPLEMENT THAT CONTROL
PROGRAM.
II-T DATA PRACTICES - LIQUOR LICENSE
The definitio of 'licensing agency' in Minn. State 13.41 is not
clear as to the inclusion of cities, therefore, it is unclear
whether all or part of the information on license issuance is
public. This can be a real problem when issuing liquor licenses,
since part of the data concerns sensitative business and perscnal
finances.
THE AMM ENCOURAGES THE LEGISLATURE TO CLARIFY THAT POLI"iICAL
SUBDIVISIONS OF THE STATE INCLUDING CITIES ARE LICENSING AGENCIES
IN MINN. STATUTES 13.41 AND THAT FINANCIAL DATA OF A PERSCN OR
BUSINESS SUBMITTED IN CONJUNCTION WITH AN APPLICATION FOR A LIQUOR
LICENSE OR OET'AINED AS A RESULT OF AN INVESTIGATICN OF THE
APPLICANT OR LICENSEE SHALL BE CLASSIFIED AS PRIVATE.
II-U CONCURRENT DF' ";.NT AND ANNEXATION
The statute autho,-izing concurrent detachment and annexation was
modified in 1965 to allow petitions from landowners for detactmen;,
from one city and annexation to another. If the rec-iving
community concurs, the Municipal Board may hoid a hearing at which
time the petitioner must prove the case and uhe loosing city may
oojec:t or concur. The real question is, should a landowner have
the right to initiate the process since generally this will oniy
be done for economic gain and to circumvent existing comprehensive
plans and zoning. It is not enough to say that the process is
protected by sLatutoiy criteria because i. most cases a strong
case can be made either way by a quick wittr*d attorney. This law
change mert�ly provided c. , o,,tunity for
THE AMM "')UGGESTS THAT THE: %rATUTES AUTHURIIING CONCURRENT
DETACHMENT AND ANNEXATION BE REVIEWED TO DETERMINE THE
APPROPRIATENESS OF INDIVIDUALS PETITIONING THE MUNICIPAL BOARD TO
INITIATE THE PROCESS. AT A MINIMUM EITHER AFFECTED CITY SHOULD BE
GIVEN VETO POWER.
III
HOUSING AND ECONOMIC DEVELOPMENT
III-E ECONOMIC DEVELOPMENT
Cit.,!- have an interest in the maintenance of and appropriate
enhLr,cements to the economic base of their respective communities.
It is the community's economic base which provides;
a.) The tax base and other sources from which the City
generates the revenue .o support itc operation;
b.) the employment of some or a substantial number of
residents and,
c.) the means by which the populous is housed.
All Metropolitan communities address economic development when its
translated to physical development through their local land use
regulations with the individual communities striving for "orderly
development". As a group however, Metropolitan communities differ
as to development needs and view points, with each community's
needs subject to a number of variables.
A municipality's ability to both regulate and promote economic
development is based on authority established by other
organizations and regulations. It is this ability that is of
general interest to all Metropolitan communities. The Association
of Metropolitan Municipalities is the principal policy action
group acting on behalf of its member cities. As such it is
appropriate that AMM present the policy issues and concerns to
those organizations that set the rules.
Because of divergent economies, differing needs and diverging
viewpoints between Metropolitan Minnesota and Greater Minnesota
there is a need to ensure the means of economic development
available to AMM member cities are appropriate to their needs and
that economic development efforts of others are complementary to
and not at the expense of member cities. As noted economic
development for local governments is not just a matter of more tax
base for the community but entails tools to promote, regulate and
service the development. Promotional means include Housing and
Redevelopment Authorities, Economic Deveiopment Authorities, Port
Authorities, tax increment financing, revenue and general
obligation bonds, condemnation and the Star Cities Program.
Regulation includes its comprehensive planning and land use
functions. Servicing include water, sewer, streets and other
municipal services.
TRANSPORTATION AS A KEY ECONOMIC DEVELOPMENT ELEMENT
Transportation, not only streets and highway but mass transit,
rail and air are all key elements in the economic development
picture of a community.
While infrastructive issues su ". is water, and sewer are to some
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degree issues for one or two governmental entities, transportation
systems involves the entire gamet from the local municipality
through the federal government. Additionally it is more than just
an infrastructive issue. Concerns as to where highways were to be
planned was a significant issue raised in the formation of the
Metropolitan Council and a rationale for passing the Fiscal
Disparities Act in 1973.
The issue has come to the forefront in the last few years as major
highways and interstate links have aged, existing routes have
volumes exceeding capacity and federal and state funding has not
kept pace with needs. This has been further highlighted by using
a previous highway funding source the sales tax/MVET to help
balance the State general fund. This has resulted in cuts and
delays in projects throughout the state. With economically
depressed areas demanding more funding to improve their economic
attractiveness to businesses and economically successful areas
needing funding to keep pace wi-h expansion, t,:e issue of funding
could become very divisive between Metro and Greater Minnesota. A
balanced and an efficient, well maintained transportation system,
including the before mentioned components; is a necessity so as
not to retard economic development.
BUSINESS FACTORS IN ECONOMIC DEVELOPMENT
While governmental entities can provide inducements, services and
infrastructure there are a numLer of other factors that influence
a business' economic development decisions. Factors such as in
place resources and costs, human resources (availability that
matches the needs), regulations and attendent costs, governmental
costs such as taxes, services etc. While only some of these are
under the control or influence of the governmental sector in the
state and therefore the mission of AMM, these entities should make
efforts to ensure that state and 1ucal governments are
competative.
GENERAL ISSUES IN ECONOMIC DEVELOPMENT
Apart from direct business factors other items influence
locational and expansional considerations including "Quality of
Life" factors such as the educational systems, arts, theater and
professional sports teams. In addition governmental concerns
ralate to housing, environmental impacts and economic security
among others. Also the perceptions about the Metropolitan and
outstate areas which relate directly 'o the focus of economic
development activities and finan,.cd by the State. Some
perceptions need to be explored as to , h, it accuracy as they may
negatively impact Metropolitan communiti;is.
a.) Tha perception that the Metropolitan area is heavily
dependent on the commodities and markets of greater Minnesota and
-9-
as such it is appropriate that the Metropolitan area finance State
supported economic development tools for Greater Minnesota.
b.) The perception on the part of some political leaders that the
net flow of state tax funds is from out -state Minnesota to the
Metropolitan area and that there should be an equalization of such
fund flows.
c.) A perception by some leaders in the private sector that since
the State pays sub3tantial portions of local governments costs
through state collected taxes than the State should therefore
exert greater control of l(,cal spending. (While somewhat true for
the funding of urban counties dna school districts a majority of
municipal funds are locally raised.)
d.) The perception that municipalities generally in the state are
"bloated" with staff and that through stringent state measures and
governmental rest:^ucturing more efficient services and lower taxes
can be achieved.
THE AMM, AS THE PRINICIPAL POLICY ACTION GROUP FOR METROPOLITAN
AREA CITIES, PLEDGES ITS BEST EFFORTS TOs
1. PRESERVE EXISTING TOOLS OF ECONOMIC DEVELOPMENT AND LAND USE
CONTROL. OF HIGH PRIOPITY ARE SUCH TOOLS AS TAX INCREMENT
FINANCING, SOUSING AND REDEVELOPMENT AUTHORITY, ECONOMIC
DEVELOPMENT AUTHORITY, AND PORT AUTHORITY.
2. EXTEND ECONOMIC DEVELOr.4ENT/PORT AUTHORITY POWERS TO ALL
CITIES THAT WANT SUCH AUTHORITY.
3. PROVIDE CITIES THE AUTHORITY TO ISSUE GENERAL OBLIGATION BONDS
TO ASSIST THEIR RESIDENT.!/PROPERTY OWNERS WHO EXPERIENCE
UNINSURED PROPERTY DAMAGE PS A RESULT OF A FEDERALLY DECLARED
DISASTER IN THAT DESIuiiATED AREA.
4. EDUCATE ITS 4EMBERS DURING 1988 REGARDING OTHER ECONOMIC
DEVELOPMENT TOOLS AND HOW AND IF, THEY COULD BE USED BY
METROPOLITAN AREA CITIES. TOOLS TO BE CONSIDERED INCLUDE:
A. STATE FINANCED QUASI - PUBLIC AGENCIES LND FUNDS SUCH AS
THE GREATER MINNESOTA CORPORATION, IRRRB, URAP AND RALF.
B. IMPACT/DEVELOPMENT DEDICATION FEE.
C. PRIVATE TRANSPORTATION CORPORATIONS AND ROAD UTILITY
DISTRICTS.
IF IT IS DETERMINED THAT THESE TOOLS ARE NOT AVAILABLE BECAUSE
OF STATUTORY LIMITATIONS, DETERMINE IF THERE IS SUFFICIENT
INTEREST TO PURSUE REMOVAL OF THOSE LIMITATIONS DURING THE
1989 LEGISLATION SESSION.
- 1 U -
5. TO DEVELOP A STRATEGY BASED ON FACTUAL INFORMATION DURING 1988
TO REFUTE/DISPELL THOSE PERCEPTIONS DESCRIBED IN THE POLICY
BACKGROUND SECTION WHICH MAY HAVE AN ADVERSE IMPACT ON
ECONOMIC DEVELOPMENT TOOLS AVAILABLE TO METROPOLITAN AREA
CITIES.
IV
METROPOLITAN AREA ISSUES & CONCERNS
IV-0 SOLID WASTE MANAGEMENT IN THE METROPOLITAN AREA.
The solid waste management system in place in the 7-county area
is �ba33-e-el-iry- a three -tiered system: -"epebt�-cities control and
regulate collection; counties are responsible for 'siting' new
landfills, developing abatement plans, developing processing
facilities and regulating existing landfills; and the
Metropolitan Council provides grants and has regional planning
and coordinating responsibilities. The system was intended to
foster and encourage abatement, recycling and resource recovery
for as much of the waste stream as possible and then to assure
environmentally sound I-an4fi4l- disposal for the remaining solid
waste. Maximum cooperation and coordination among and between
the various levels and units of government and the private sector
are needed if the system is to work as intended.
0-1 CONSOLIDATION OF SOLID WASTE MANAGEMENT RESPONSIBILITIES
44 i.AU`iaatod _i-n tie p,-evio46 pat1agraqOr, The responsibilities for
managing solid waste in the Metropolitan Area are shared by the
Metropolitan Council, Counties and Cities and Towns. The AMM
believes that if t!ie area is to reach its mandate of no more
landfilling of unprocessed solid waste by 1990, the
responsibilities for seui►ee — sepaf6ati-ec abatement and
recycling related activities must be more "nt.rall,* effectively
coordinated at the county level.
THE AMM RECOMMENDS THAT THE COUNTIES ASSUME THE RESPONSIBILITIES
FOR *LL—SOUftCE—SEftRkTiO* ABATEMENT AND RECYCLING RELATED
ACTIVITIES AND PROJECTS WHEN A CITY �.8 DOES NOT SUBSTANTIALLY
KEET "ro-THE COUNTY ESTABLISHED GOALS. THE MUNICIPALITIES NOT
MCETING THE GOALS WOULD RETAIN 4DNL7-1F LkMI+£B`-AUTHORITY TO REGULATE
THE COLLECTION OF SOLID WASTE TO PROTECT THE HEALTH, SAFETY AND
WELOFARE OF THEIR RESIDENTS.
C-2 ALTERNATIVES TO LANDFILLS
All levels and units of Fevernment and the private sector should
participate and cooperate in planning amd managing the solid
waste stream to assure a cost efficient and environmentally sound
solid waste management system. Landfilling should only be used
as a last resort and them only for "processed" solid waste or for
those materials which can not be recycled, reused, or disposed of
in a more acceptable manner.
THE AMM ENDORSES ABATEMENT, RECYCLING AND RESOURCE RECOVERY
ACTIVITIES AND PROGRAMS TO REDUCE THE NEED FOR IN -GROUND DISPOSAL
-OF UNPROCESSED--SOLID--WASTE.—THE -4MM -»:.SO-DELIEVES -1iAT Tom.
EWSTIN4-SUBS�BY LEV 4.S FONEHE HOUSiOLD--ftBBATE tft0GRA"ND--THE
TONNAGE--REIM"RSEMSN PROGRAM OUGHT T9C-
-BE INftEASED-5UBST�IAL+Y
-SA- TWAT- CIT-1-" CAN DEV.&LOP AN OPERATE &F-FECTIVE; EGYGL-ING
i+O0ft*MS. Y*RD W*6rTES SHOULD A4760 B5--1 CLUD%-i-AS A&-ELIGiwBLE 1:F& 4
" T-NTO"AGE-P-ROGK4M. - r' P96CY -9 I,&- ADWTED- 4iEN--GQUN44-sS
-OATH" T**N CIT4-ES W0416D REGRY'JE T4E ABI"E -it'IMBftSEtt£-Nors}-: ;-U
1987 AMENDMENTS TO THE WASTE MANAGEMENT _ACT _(WMA) ELIMINATED
t_ECT SUJ35DI� S TO CITI S FROM THE METROPOLITAN COUNCIL IN FA.V
OF A SYSTEM WHICH CHANNELS THE SUBSIDIES THROUGH THE COUNTIES TO
PROVIDE MORE EFFECTIVE SUPPORT AND COORDINATION ON A COUNTY
BASIS. THE AMM, BELIEVES THAT COUNTIES SHOULD CONTINUE TO PROVIDE_
�TRQNG FINANUA L SUPPORT TO _ LOCAL ABATEMENT PROGRAMS WHICH WAS
CLEARLY THE INTENT OF THE LEGISLATURE.
0-3 DISPOSAL DEADLINES
Current law contains a deadline that will pre::ibit the disposal
of "unprocessed" ^olid waste in landfills effective January 1,
1990. The AMM supports this prohibition provided that sufficient
alternatives are on line to process the solid waste generated in
the Metropolitan Area by that date at a reasonable cost.
THE METROPOLITAN COUNCIL SHOULD MONITOR THE DEVELOPMENT OF THE
ALTERNATIVE FACILITIES FOR THE PROCESSINI OF SOLID WASTE ON A
CONTINUOUS BASIS TO ASSURE THAT ADEQUATE PROCESSING CAPACITY WILL
BE AVAILABLE BY 1990. DEFINITIVE INFORMATION MUST BE PROVIDED TO
THE LEGISLATURE BY JANUARY 1, 1989 SO THAT THE 1990 DEADLINE CAN
BE MODIFIED AS NEEDED.
0-4 COMPENSATION AND INCENTIVES FOR HOST COMMUNITIES
Sclid waste landfills have many
communities and they should be
indirect costs associated with
facility has on the community.
undesirable impacts on %.`-- "host"
compensated for all dirt,t and
the undesirable impacts sL.'h a
THE AMM SUPPORTS THE CURRENT COMPEt" ON LEVEL AND BELIEVE.' IT
SHOULD BE CONTINUED. AS OTHER MA.. fQLID WASTE PROCESSING
FACILITIES GO ON LINE (SUCH AS INCINEh.i'IUN TYPE FACILITIES), fHE
IMPACT OF THESE FACILITIES ON THE HOST OR ADJACENT COMMUNITIES
SHOULD BE CAREFULLY MONITORED TO DETERMINE IF THEY ALSO HAVE
SIGNIFICANT UNDESIRABLE IMPACTS AS OPPOSED Tit BENEFITS. IF 50,
SOME FORM OF COMPENSATION MAY ALSO BE NECESSARY FOR THOSE
COMMUNITIES.
0-5 FUNDING FOR ENVIhONMENTAL, PERSONAL AND PRJPERTY DAMAGES
Studies conducted by the Minnesota Po!2-tion Control Agency
Wt-A) and the Minnesota Fealth Department have indicated that
most, if not all, landfills in the metropolitan area are causing
-11
ground water contamination problems. How significant these
problems are or what the impacts will be is largely undetermined
at this point in time. Since 1985 a portion of the revenue from
the surtax on solid waste going into landfills goes into a fund
dedicated to help correct pollution problems.
THE AMM SUPPORTS THE CURRENT FUNDING LEVEL AND BELIEVES IT SHOULD
BE CONTINUED TO PROVIDE. HELP TO PERSONS OR COMMUNITIES INJURED OR
DAMAGED BY ADVERSE ENVIRONMENTAL INCIDENTS CAUSED BY LANDFILL
CONTAMINATION. (I.E. REAL OR PERSONAL PROPERTY DAMAGE, PERSONAL
INJURIES, CLEAN-UP ACTIVITIES, ALTERNATIVE WATER SUPPLIES, ET(..).
COUNTIES MUST EXERCISE THEIR STATUTORY RESPONSIBILITIES TO ASSURE
THAT LANDFILLS ARE INSPECTED AND OPERATED IN ACCORDANCE WITH
STATE AND COUNTY REQUIREMENTS.
0-6 COUNTY RESPONSIBILITIES
Counties have the major responsibilities for managing and
implementing the solid waste disposal system and are authorized
to charge a surtax of 25 cents per cubic yard of solid waste to
help pay for alternatives to land disposal.
THE AMM SUPPORTS CONTINUATION OF THE COUNTY SURTAX AUTHORIZATION.
THE AMM ALSO URGES THE COUNTIES TO RAPIDLY DEVELOP PREFERRED
DISPOSAL TECHNIQUES WHICH ARE ENVIRONMENTALLY SOUND AND COST
EFFICIENT.
0-7 TRANSFER STATION RULES AND REGULATIONS
Metropolitan Counties are given the power to acquire by purchase,
lease, gift or condemnation solid waste facilities or properties
which includes transfer• stations. Acquisition is permitted
without compliance with local land use ordinances. Metropolitan
cities have no protection, except through a review process, from
improvident designation of transfer station sites.
THE AMM URGES THE MINNESOTA POLLUTION CONTROL AGENCY (MPCA) TO
QUICKLY EXERCISE ITS RESPONSIBILITIES AND PROMULGATE RULES AND
REGULATIONS WITH RESPECT TO THE SITING OF SOLID WASTE TRAN:�FER
STATIONS. SUCH RULES AND REGULATIONS ARE NECESSARY TO PROTECT
THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE 4FFaCTED
CITIES SINCE SUCH FACILITIES ARE NOT SUBJECT TO THE PROVISIONS OF
CITY ORDINANCES.
0-8 ORGANIZED COLLECTION AND FLOW CONTROL
-14-
recycling efforts. Cities were also -given limited "flow control"
authority, subject to conforming to County requirements as Dart
of the organized Collection WMA Amendment. Cities cannot
however, implement "flow _control" inddependent of an organized
collection system as defined in M.S. 115A.94.
THE AMM BELIEVES_ CITIES SHOULD BE PROVIDED THE OPTION TO
IMPLEMENT FLOW CONTROLS DEFINED IN M.S. 115A- ,SUBD._3_.�D)�
BY�.ICENSE OR__QRDINANCE_. CITIES SHOULD NOT HAVE TO IMPLEMENT_ AIF
—Q(iOANI-ZED rrOLLU-ION_SYSTEM_ IN _, ORD6R -TO USE`"FLOW_CONTROL" TO
ENHANCE ABATEMENT AND RECYCLING EFFORTS.
0-9 RECYCLING DEFINITION
The statutory definition of recycling was clarified in M.S.
473.803, Subd. le. (b to include "yard waste composting" and
"recycling that occurs at a waste facility through_mechanical or
hand separation of materials---" "'he A`,M suppgrts this
clarification and since the intent of abatement and recycling is
to conserve resources and reduce the amount of waste being
landfilled; the clarification makes sound environmental sense.
THE AMM URGES THE METROPOLITAN COUNCIL TO _RECOGNIZE AND
�NCORFORATE THE DEFINITIONAL CLARIFICATION AS SOON AS-PRACTICA_L_
N ITS SOLID WASTE MANAGEMENT DEVELOPMENT GUIDE/P_0LICYkLk.
IV-P METROPOLITAN FUND
There has been significant discussion recently among community and
political leaders about the concept of a metropolitan fund or
independent metropolitan funding source. Various usages for such
a fund have been identified including such items as regional
infrastructure replacement/expansion; transportation pr:;jects;
subsidizing economic development projects of "regional
significarce"; and as a new source of funds for the regional
agencies. A number of possible funding sources have also been
discussed such as an add on metropolitan sales tax; a payroll
tax; fiscal disparities, et2. This concept also raises a number
of implementation/administration type questions that are of
concern to local officials.
THE AMM DOES NOT SEE THE NEED FOR NOR DOES IT SUPPORT A SEPARATE
METROPOLITAN FUND OR FUNDING SOURCE UNDER EXISTING CONDITIONS.
HOWEVER, IF THIS CONCEPT CONTINUES TO BE DISCUSSED WITHIN ThE
REGION AND THE LEGISLATIVE PROCESS; THE AMM WILL PARTICIPATE _LN
THE DEBATE TO REPRESENT THE INTERESTS OF ITS MEMBER CITIES. MANY
QUESTIONS/ISSUES WOULD HAVE TO BE RESOLVED TO THE AMM'S
SATISFACTION INCLUDING THE FOLLOWING:
-ASSURANCE THAT THE METROPOLITAN AREA WOULD CONTINUE TO RECEIVE
ITS FAIR SHARE ALLOCATION (NO LESS THEN IT WOULD RECEIVE IF A
METROPOLITAN FUND DID NOT EXIST) OF STATE FU"DED PROGRAMS.
-EVIDENCE THAT A MAJOR REGIONAL OR METROPOLITAN NEED EXISTS FOR
SUCH A FUND AND THAT IT CANNOT BE FINANCED 114ROUGH EXISTING
SOURCES.
-DEVELOPMENT OF A FAIR AND EQUITABLE PROCES::/SYSTEM FCri
DISTRIBUTING THE FUNDS WHICH INCLUDES MUNICIPAL 1NPh.'
MM
V
TRANSPORTATION
V-B MOTOR VEHICLE EXCISE TAX TRANSFER
The Motor Vehicle Excise Tax was significantly increased in the
early 1980's and dedicated to the State 6oneral Fund to offset the
affect of a der -lining economy and reduced state revenues. The
Legislature recognized that Highway and Trans'.t Program needs were
growing and that ultimately additional funding would be needed in
these areas. Thus, a transfer of this tax from General Fund to
the Highway and Transit Funds was established starting with 25% in
1985 and finally reaching 100% in 1992. The transfer was
su3pended in 1986 and 1987 because of reduced state revenues after
a short period of growth. _The 1987 Legislature further
restricted the transfer to 5% Der year only. Necessary street and
highway construction and reconstruction is falling behind
significantly. Without this source of funding, the roadway system
will become a major state crisis. Many state officials are
suggesting the need for general support of a 'new source' funding
package for transit and highways. However, with the example of
administrations and legislators constantly diverting funds
previously allocated to solve the specific problem, it does not
seem logical to support any new programs that can be similarly
treated in the future. Gas tax increases are protected from
diversion but do not help transit.
THE AMM URGES THE LEGISLATURE T1 ALLOW 0URK-NT--iAW fr&VEff*IN+6 THE
MOTOR VEHICLE EXCISE TAX TRAM' ER TO "MA4* 44- 44,AG& OCCUR
WITHOUT :")RTHER SUSPENSION TG ENSURE SOME NEEDED GROWTH FOR
STREET AND HIGHWAY MAINTENANCE, RECONSTRUCTION AND NEW
CONSTRUCTION. FURTHER, THE_AMM_BrL?EVES STRONGLY THAT THE MVET
_FUNDS SHOULD $_TQTAI.LX_ TRANSFERF,ED. _ FOR HIGHWAY _ AND _TRAN,$LL
.._ kk dFAM — P_RLOR TO ADOPTION OF OTHER NEW OR INCREASED STATE WIDE
TAXES. __-- _-
V-N METROPOLITAN HIGHWAY FUND
it has been suggested recently that a Metropolitan Highway Fund be
created for special projects presumably in conjunction with major
economic development. On the surface this may seem a laudable
idea but when scrutinized in depth raises some major concerns.
The first concern is funding source. If taken from Fiscal
Disparities it is in reality an unequal property ta,: increase in
the metro area. A direct metro wide property tax targeted for
economic advantage to a few areas would be unpopular at best and
considered by many to be unfair. A commercial/industrial property
tax inrease to help coml.-titors would be unfair and increase the
already large tax burdet: attributed to business. Any other
funding source would be subject to the same dialogue. The second
concern is the criteria for use and the beauracracy of decision
making and how to insure absolute fairness. Finally, if a separate
metropolitan fund exists to help coinstruct special projects, will
more general highway funds be skewed to out state or will the
legislature look at delaying or parceling off part of the motor
vehic,e excise tax for other~ than �!,ghway/transit use'?
1u-
BASED UPON THE UNCERTAINTY OF FUNDING SOURCE, FAIR ADMINISTRATION,
AND POSSIBLE LOSS OF STATE FUNDS, THE AMM OPPOSES CREATION OF A
METROPOLITAN HIGHWAY FUND. HOWEVER, IF CITIES CAN BE ASSURED THAT
CURRENT HIGHWAY FUNDING WILL CONTINUE TO BE FAIRLY SPLIT BETWEEN
OUTSTATE AND THE METRO AREAS, AND A SOURCE OF FUNDING FOUND WHICH
DOES NOT DETRACT FROM OTHER EXISTING NEEDS, THE AMM WOULD CONSIDER
MODIFICATION OF ITS STRONG OPPOSITION.
V-0 MVET CONSTITUTIONAL AMENDMENT
The Motor Vehicle Excise Tax was designated to be transferred to
the highway and transit funds in a phased manner commencing in
1981. Each year since it has beer delayed or reduced and finally
in 1987 was set at 5% for 1988 and beyond. It is clear that
unless these or some other funds are dedicated in such a manner
that cannot be changed, the administration and legislature has
been inclined to use the money for programs other than
transportation. Therefore;
THE AMM SUPPORTS A CONSTITUTIONAL AMENDMENT TO PROVIDE THAT THE
MOTOR VEHICLE EXCISE TAX BE TRANSFERRED 75% TO THE HIGHWAY FUND
AND 25% TO TRANSIT FUNDING.
V-P ROAD ACCESS CHARGE
Growing communities are finding it increasingly difficult to
finance construction of facilities needed for new residential,
commercial, and industrial development. Assessment to developing
property for sewers and streets directly benefiting that property
is a long standing legal option and is the most prevalent method
used. However, there are oftan major streets that need to be
constructed leading to new development that benefit not or
abutting property but those new developments. Under current
only the abutting benefited property can be assessed and then only
to the degree of benefit which in most cases is not nearly enough
to pay fur an upgraded roadway that services a larger population.
The legislature has recognized similar situations and authorized
charges to provide facilities not directly abutting the affected
property. The most common is park dedication fees cn a per unit
or area basis. The MWCC Sewer Availability Charge is another
similar fee.
IN ORDER TO FAIRLY PROVIDE MAJOR STREETS OF PRIMARY BENEFIT BUT
NOT DIRECTLY ASSESSABLE, THE LEGISLATURE SHOULD AUTHORIZE CITIES
TO ESTABLISH AT THEIR OPTION A ROAD ACCESS CHARGE TO BE LEVIED ON
AN AREA OR PER LUT bAS13 AT THE TIME THAT SUBDIVISIONS ARE
APPROVED SIMILAR TU PARK DEDICATION FEES.
V-Q PEAK ►HOUR INTERSTATE TRUCK BAN
The AMM is and has been a strong supporter of funding for Highways
and Transit programs in recognition of Lhe increasing conjest on
on the major metropolitan highways. In conjunction with increased
highway and transit facilities, the AMM believes that programs
should be implement.:d that would better utilize existing
facilities. One of these would be to eliminate large trucks from
the majcr interstates during peak hour traffic. This would
Jnerease capacity by 15% plus provide increased public safety.
Recent statistics show an accelerating accident rate between
trucks and passenger vehicles during these hours.
THE AMM REQUESTS THE LEGISLATURE AND MNDOT WORK WITH TRUCKING
FIRMS TO STUDY ELIMINATION OF LARGE TRUCKS FROM SOME OR ALL OF THE
METROPOLITAN INTERSTATES DURING PEAK TRAVEL HOURS TO INCRF.SE
CAPACITY AND SAFETY. THE AMM ENCOURAGES IMPLEMENTATIUN 07 SOME
FORM OF REDUCED TRUCK TRAFFIC DURING PEAK HOURS, INCLUDING A
DEMONSTRATION PROJECT, AS SOON AS PRACTICAL.
V-R WdEELAGE TAX
Current Statutes provide for Metropolitan counties to levy a
wheelage tax but if done the amount raised is deducted from state
provided revenue or property tax. Thus, it is senseless to use
since no additional funds are raised. However, there is a
signifcant recognizable need for Highway improvement funding at
all levels of government (county, city, state) in the Metropoiitan
area and the counties have suggested use of the wheelage tax as a
mean:; of providing additional local highway funding. The AMM
members, find this to be an attractive alternative to other new
methods of funding being discussed and feel it could be extended
to citie3 as well.
THE AMM UPPORTS USE 01' THE WHEELAGE TAX WITHOUT LOSS OF OTHER
FUNDS TO AUGMENT HIG, AY FUNDING NEEDS BY METROPOLITAN COUNTIE:
AND SUGGESTS INCREASING THE AMOUNT AS APPROPRIATE TO INCLUDE
DISTRIBUTION FOR CITY ROADWAY NEEDS.
8487.2 7 (�
101987
TO: Mayor and City Council
FROM: Mark Bernhardson, City Administrato �� 1
DATE: August 3, 1987
SJBJECT: Marketing of City Objectives With Other Organizations
Attachment: A. Marketing City Objectives - Redraft
At the Council's last meeting they suggested revisions to the
City's program to market its objectives with other organizations.
Based on suggestions including the addition of the Department of
Natural Resources and Hennepin County Park Reserve these have
been incorporated into t',e body of the program together with the
issues as they relate to program needs and the evaluation. At
this point no further action is required, but just provided to
you as an informational item.
PROPO';r'D MOTION - Moved by __, seconded by _, that the Cc one i l
f Co accept the redraft .. the uncil's program for rarketing its
objectives to other organizations. Ayes Nays __
72087.2
r
l � I
TO: Mayor and City Council r
) ,t�
FROM: Mark Bernhardson, City Administrato��(- \
DATE: July 17, 1987
SUBJECT: Marketing of City Objectives
R•' y.4 ti. sf'�• �i6�'.:
Attachment: A. Program to Market City Objectives Memo Dated
6/30/87 With Attachments
ISSUE - Adoption of a program to increase the City' "clout".
INTRODUCTION - At the Council's last meeting it was requested
that each of the Councilmembers review the progran and provide
any comments or thoughts they may have to the staff in advance of
the meeting. It was then tabled because of the desire on the
part of the Council to have more time to reflect on the matter
and desired more time to discuss- at a future meeting.
DISCUSSION - Based on comments received to the draft of the
program the following elements will be added.
- Efforts to Accorplish - Each of the specific
objectives will be annotated as to the most appropriate
way or ways that it should be accomplished and a brief
objectives statement will be prepared for each of those
items.
- Means to Evaluatf. - Prior to the strategic planning
each of the specific objective:, will be reviewed as to
its status in light of the goal-, established for that
objective. This report will be made to Council so that
background information is available for them for the
development of new strategic planning and subsequently
for the marketing objective: for the following year.
RECOMMENDATIONS - It is recommended that the Council discus
T T �
T-urther-m iF' a�-tions to the program an,! once modified that they
be used as an interim program for the balance of 1987.
PROPOSED MOTIOI!
- Moved
by secondr,d by
, that the Council
a,�opt the draft
program
to implement its "clo,.it"
objective for
the strategic planning
together with the
establishment of the
organization and
issues
that Council wants
to market during the
upcoming months.
Ayes __,
Nays __.
ALI(JUst 3,
1987
CITY OF
ORONO
PROGRAM TO MARKET CITY OBJECTIVES
WITH OTHER ORGANIZATIONS
ISSUE - Development of a program to increase the City of Orono's
ability to achieve its stated objectives with other
organizations it is involved.
IN_T_R_O_D_UC_T_10_t7 - During the City Council's first strategic planning
process, which occurred on October 8, 1986, one of the short term
objectives that was felt important was that in order for the City
to control its destiny in the future and accomplish its
objectives as an organization we needed to develop a method by
which those objectives that the City had, which entailed work
with other organizations. This represents a program outline. It
is the intent that this improvement in influence be accomplished
by specifically outlining objectives for each of the
organizations with whom the City wants to promote its viewpoint.
While there may be other issues which those organizations may
raise the City is always in a position to react with appropriate
tools which it currently has available to it. This program will
be used by Council and staff to focus their goals and
relationships with these organizations
ORGAN IZATIO1IS OF INTEREST - The following represent organizatio:i3
with whom +the Citylma7 want to express its influence.
- Surrounding Communities
Long Lake Spring Park
Minnetonka Beach Wayzata
Mound Mar le Plain
Medina Plymouth
Minnetrista Independence
T(,nk,:t Bay other Lake Minnetonka
- Lake Minnet-�r.;;a Conservation District
-• Minnehaha C.r ,e+: Watershed District
communities
- School Boards
- Orono
- Westonka
- Wayzata
- Minnetonka
- Hennepin County
- Hennepin Park Reserve District
- Metropolitan Council
- Pietro Waste Control Commi3sion
- Minnesota State Legislature
- Department of Natural Resi
- Federal Government
- Joint Powers Arrangements
- LOGIS
- Suburban Rate Authority
- Lake Minnetonka Cable Commission
- Membership Organizations
- League of Minnesota Cities
- Association of Metropolitan Municipalties
- Westonka human Services
- Westonka Chamber of Commerce
- Long Lak^ Chamber �f Commerce
MEANS _T_O_ACCOMPLISH - The fc ng represent an example of ways
in which the -City is able to achieve its objectives in general
with the various organizations.
Efforts to Accomplish
- Each of the specific objectives will be annotated as
to the most appropriate way or ways that it should be
accomplishers and a brief ob3ective:> statement will be
prepared for each of tho:;o items.
Use of Representatives
- For those organizations which ',he City is a member and
has a representative, the City will utilize the
representative and the relationship with that
representative to build a consensus, particularly on
selected topics.
Initiatives
- The City on specific items can initiate proposals with
these organizations and based on the specific proposal
attempt to achieve it goals.
Common Interests
- Through utilization of common interests the City can
build its general rapport with these organizations and
use that rapport to get either general or specific
issues accomplished with those communities.
Demeanor/Cul,..vation of Relationship--
- The City generally, besides areas of co:-mon interest,
can through its approach and demeanor with these
organizations build credibility by positive influence to
be used when the City desires to increase its
effectiveness and advance its objectives.
Medi
- Through submission of news art .cles, press releases
and invitations to news worthy events, information can
be disseminated to assist in marketing the objectives
4llth t. community.
PROGRAM_ IMPLEMENTATION The City following its annual strategic
plan will develop �_
in addition to its legislative pack,:ige an
outline of general and specific objectives that it will seek to
obtain with the various organizations. During the year this may
change but the list annually developed will serve as the work
program with others to be added as needed. Appendix % ropresents
an example cif the format that could he utilized, this is
developed for July 1987 to December of ' 88.
PROGRAM EVALUATION - Prior to the strategic planning each of the
specific objectives will be reviewed as to its status in light of
the goals established for that objective. This report will be
made to Council so that background information is available for
them for the development of new strategic planning and
subsequently for the marketing objectives for the following year.
i 1.8 V . 3
TO: Mayor and City Council
FROM: Mark Bernhardson, City Admini!;tra4r,
DATE: June 30, 1987 �J
SUBJECT: Program to Market City Objectives
Attachment A. Draft of Program to Market City Objectives With
Other Organizations Dated 6/87
B. Strategic Plan Dated 11/10/87
C. Short Term Objectives Dated 12/29/87
ISSUE
1. Adoption of a program to implement Short Tenn Strategic Plan
Plumber 8.
2. Determination of organizations that the City desire: to
market its objectives together with determining any general or
specific issues that it desires to "market".
INTROD'JCTIO"] - During the strategic planning process one of the
issues _ identified by the Council to expand the City's ability to
control its destiny was development of a way to improve its
"clout" with other organizations with whom it regularly dealt.
DISCUSSION _ - In an effort to address that "clout" issue
Attachm_ent A represents a draft of a program to meat those
objectives. It is designed in a similar manner to the City's
Legislative program and, as noted, would be updated annually
following the Council/Staff strategic plan and goal setting
process. The program outlines three main areas:
- OR_GACIZATION_S OF INTEREST - Organizations with whom
the int luence.
- MEANS TO AC_COM_PLISH - This identifies ways in which
the City may try to achieve these objectives set forth.
- O_BJECTIVFS TO BE M_APKCTED - Thi:- outlines each
organizat on -and the objectives the City desires to
achieve with that organization.
RECOMMENDATION - It is recommended that the Council revir-w and
discuss this item to see if it seem-, to address the "clout" that
was being sought for in the Strategic Plan toyc�ther with
determining the organization:- and issue- with which the City
wants marketed. Once discussed it is requested that the Council
adopt Attachment A an interim program until the Counci l's Gcal
Setting session later this year.
PROPr)"ED MOT'_ON
- MOvesd by
Scconded b;
that the. Coun.: i 1
adopt the draft
program to
_,
implement its- "clout"
objective for
strategic Planning
process
together with
estab1 ishment of the
urgaini-at.ions
and isauea
that it wants
to market during the
upcoming months.
Ayes _, Nays w
6887.1a
ORGA1111ATI OS
Long Lake
Spring Park
Minnetonka Beach
Wayzata
Mound
Maple Plain
Medina
LMCo
Ilinnehaho Creek watershed
Orono Schools
wstonka Schools
Wayzata Schools
CM of 090110
reoca u1 To B 27
92A1rLC5 CITY oBJWTIVES
HITS OTC ONGANIS"lowS
:SEPAL
Retain contractual relationship
- Police
- Sewer
- water
- Fire
Retain contractual relationship
- Inspections
- Police
Retain contractual relationship
- Inspections
- Police
Complete Contractual relationship
- Inspections
Retain contractual relationship
- Fire
Retain contractual relationship
- rice
Retain contractual relationship
- Fire
Retain contractual/Joint pavers
relationship
- Sever
Maintain regular representative
contact
Continue •officer Friendly*
Promote more effective service
Promote more effective service
Promote more effective service
rPFrIFIC ISSUES
Highway 12 Corridor
Annexation
Explore further service cooperation
in specitie'sceas
Determination on proposed County
116
Change statt - Note active role
of current responsibilities
Storastec management plan
Lake level regulation
•
Is
1
ORGANIZATION GENERAL SPECIFIC ISSUES
Hennepin County
Metropolitan Council
Metropolitan Waste Control
State Legislature
Improve Relationship
LOGIS Continue management information
service
Improvements in cost effective
mariner
League of Minnesota Cities Promote key legislative program
Association of Metropolitan
Municipalities
Chamber
Lc.n,: : ake Ch-a - ^er
Promote key legislative program
County Rd 15
Proposed County Rd 116
Hennepin County Dispatch - attain
greater responsiveness
Navarre Interceptor Project
Highway 12 Corridor Study
Seek annual legislative contact
Program - seek legislative policy
Broader focus as to legislative
actions impacting taxpayers of
City - not just City portion
Utilize for Navarre redevelopment
County Rd 15
Keep appraised of Hwy 12
development
CITY OP ORC D
1983 L GISIATIVE PMIC=
Date 11/02/87
Update — --„_--
IEVEL OF ODVEW#4 TC
LSSi
FEDERAL
POLICY/03TL1'ti LEAWE POLICY AMM P3L:CY
Federal Deficit
Undertake appropraite measures No policy No policy
through spending reductions
and if needed, tax increases
that do not negatively impact
the economy in order to bring
the budget deficit under control.
It is anticipated that deficit
control will strengthen the
economy for the 199O's and
reducing the impact of an
impending recession
International trade
deficit/balance
Develop and implement No policy No pclacy
of
strategy to reduce the
payments
trade deficit without
resorting to protectionist
trade legislation in
order to improve the
U.S. economy
CITY or CHOW)
Date 11/02; 87
Update --
1988 Ilxx_. TIVE POLICIES
--
-
LEVEL CF WVERNMENP
STATE
ISSUE
POLICY/COMtF_rs
S 7us
LEJA6WE POLICY
RM1 POLICY
ENVIRO'IMENT - LAND USE
1. Lake Minnetonka
Adequate access
exists 6 the
'1.3/87 Hennepin
Parks No policy
No policy
Access
City is opposed
to additional
i Minnetrista working
access
on co: -,xea .e g.,rk
developme..- /one 5
User fees
Appropriate use
stickers/fees
to pay lake use
costs
2. Solid haste
Promote appropriate recycling
12/8/86 Orono joins
LUEET-4 Supports
:v-C Recomr,ends Counties
to limit use c:
landfills
joint powers
*Effective planning
assure responsibilit.cs
agreement to operate•Alternatives
to landfill
for abatement recvclir.c:
collection sites
for•Comp/Incentatives for
when a city does riot reel
recyclables
Communities
the goals with the
"Funding for damages
municipality keepir.:
*Clean-up hazardous
only limited c..11e�tr_r.
wastes
authority.
•Condemnation. awards-'
Also supports several ;.
polluted lard
League's pclic:es
*Support to implement
Federal Superfund
community right to
know provisions
3. :.nrexation Change law back to requiring
both municipalities to concur
in change in Metropolitan areas
LUEET In part II-U Requests review
recommends review of 1985 of 1985 law change
law and at a minimum give permitting property
a veto power to the owner initiated
affected cities annexation.. At a
minimum the affected
cities should have
a veto over the prcess
4
fI
t
LEVEL OF G7A7MM
ISSUE
4. Local Go%,err,;-P-nt Aids
5. La able Worth
b. Tax Increrent
7. Tax Exa-pt Property
C MY Or COCIND
1938 LFZLSTATTVE PCLICtFS
POMCMICKT3�r-
Anmd formula so the -need--
funded are not driven L-.-
experAitunes
Not let -essential aj:
binding ab.-itration dr.
upward pay results of at...r
employees with no corn worth
control on -essentials-
Preserve current authority
for development
Tax exempt instituLicm should
pay their "fair s17.Lre" of all
,mr.iaipal costs
Date lll'C:'
;;plate
LFAXTF iY
RS-2
*Cont Lior. of prograr'
*1n= e r. line with
ir, dtlon
*F-, LrA take ac-oDur.t
Jv.-:xeases m State 'rederall
-f!."Mums
No policy
AM PWCY
No policy
wr Policy
DS-1 No chanqe r-. currert No PO 1., C-1.
leqislatior.
RS-12 All tax exmrt IMT-1 Sm"te a --
except fins fines pay cost of but l-, sts al 1
police, fire vO streets Demices.
LEVEL OF GOVF.RW ENr STATE
ISSUE
TRANSPORTATIOW PEi'i S IitL
SERVICES
8a. Highway funding
Hlghw idy j urisdi ction-
TUmbadcs
8b. Highway Jurisdiction
Turnbacks
9. Infrastructure Fz.,.i
r s GNAW
1995 LoGERATM FMJL..
POLICY/0014MYI
- Use of sales tax an motor
vehicles plus motor vehicle
excise tax be used solely
for transportation purposes
- Develop othe: f.anding
mechanism to provide for
needed upkeep
- %bile the City could probably
do a more effective
:maintenance job, no turnbacks
should occur without
appropriate capital and
operatims/mairterance
funding
Given replacmert costs of
infrastr-> ,c:-e are beccnurg
rcre dif'.oi:t to specially
assess b.:ause of "benefit"
principal support preservation
of �7-11 levy outside I.Lnuts to
fund such replacermt as an
option
Metro Flmd - Opposes use of
fiscal disparties to turd
Metro Highway pool
S'IRIM
Dute 11/02/87
Update
LEAGUE POLICY
AW. POLICY
L EFr-j Shorts
' -B Suralar tL, Leagues
dedication to tra..apor-.atlor
;'-0 S%gfrrt.ts a ^pnitltutior.:al
WEFT-3 Supports rea.i a. WN t
dRgN-4 .t tt lc.--k 'r.
of roads based or. finctima'
V--N Opposes creatia: of
classif--CZtion - oppanes
Metropolitan Highway Ftrd
turrbacks without a r
P� Ri .
V-P Supports as�3vr.t c.
fundirp7
bu7ty rdm--,.ge tax
V-F Smriiar to Leaques
V-G G1Ve;: State/`ty ability
to declassify a: 9 turnt^acir,
Legislature st u d either
6.) %llow RSr1c;'Pa ' t": to
refuse or
_.; Have add;tiorAl m.,leaoe
outside M&Z 1171tL'
No policy
V-N Opposes use -.
d:sparti-!- % f.... r..
Highway fnt r.- ocv.r) .ex
IV-F �'. ,r Herb
fund for ..,,;tune
replaomm—,
CITY Cr (sum Date 11/02/87
1988 LFLI;LATIYE POLICI�i update _
LEVEL CF 03VPR"MENT 2 isii'
ISSJt: POLICY/CCft4L_`d%i ':':;. LkAGUE PoT.TCy AMt POLICY
_. C rr,�tcr Aided Dispatch Question the Cou nty's proposed
$5.3 million expenditure for a
questionable technological
application.
2. Solid Haste The „penalty" approach of
current Cty ordinance to achieve
10% recycle goal is short sighted
3. Light Fail Transit Have program financed
principally out of users,
canmzuties/properties
directly benefitted and
transit furcung rather
than the general County
property tax base
N 211. N :'.
HENNEPIN PARKS
1. Park Aoyuisitior. Lunt aoquisit_cn to lands that
1114.87 rr:.octiated N.'A ....
are better held as public park
settle .: near on
land or respond to a sig nificar.t
Zane 5 p_rk
public need
U4M
1. Future of 1MM Revitalize LHM as an
ll. 3/57 currently
effecti.v governing body
seekincr an
an the lake in conjunction
Executive Director
with municipalities that
make up the IMm
CITY Ur CFOAD Date 11/02/87
Update
1988 I�f.S'UITIYC PQ.ICIt=S ----
LEVEL OF COVEiOMVr ME-IIUIOLITF,.v
ISSUE PCILICY/CCM3I-Nr5 STAIM LFh= POLICY AIV POLICY
1. Metro haste
- SAC charges
- Level
- Applicability
- Refund
TO: Mayor and City Council
1
FROM: Mark Bernhardson, City Administrator'
DATE: October 30, 1987
SUBJECT: Tax Forfeited Properties
Attachment: A. Hennepin County Letter/Tax Forfeited Properties
Dated 10/9/87
B. Orono Guidelines/Tax Forfeited Property Dated
3/17/87
C. Tax Forfeited Properties
ISSUE - Discussion by Council to give staff direction regarding
action for tax forfeited properties listed in Attachment A.
INTRODUCTION - On a sporadic basis Hennepin County transmittes to
the individual Cities the list of properties that have been
declared tax forfeit as a result of failure to pay taxes
generally within a three year p,-..iod. Cities have the
alternative of taking oi.e of the following actions.
A. Request a "No gale" for a temporary period of time;
B. Retain for City property;
C. Approve private sale (generally to abutting property
owners);
D. Release for unrestricted sale.
Given the varying situations on a property these various tools
have been selected by the City over the years. nerally the
goal is that if it is a developable piece of property for which
the City has no park or road purposes that it be placed for sale
to get it back on the tax rolls. A related issue is the fact
that sometimes these have outstanding assessments on them and
when placed for public sale these assessments are then collected
for the City.
DISCUSSION - As noted in Attachment C the four groups of
properties have various recommendations for possibilities listed
to them. The property listed in Group:
A. 1635 Concordia - This property has been redeemed by
the owner so is no longer on the tax forfeit list.
B. Represents additional property that could be added
to City's existing "Wilderness" park in that area. The
trade-off however, would be the fact that the City would
either forgo the outstanding $25, 102 in principal and
interest or reimburse the outstanding assessments from
1
the Park Fund. While taking the land for park purposes
at this point, the staff will be exploring:
a.) Use as part of the park;
b.) Eventual "packaging and return to market;
c. ) Exploring sale of all the property for
development given low use as a park
C. The Navarre Heights property (17-117-23 43 0073) is
substandard for the zoning district, .154 acres in a .5
acre zone. Given the size and small amount of the
outstanding assessmr:nt on the property it is recommended
it be placed on limited sale to an abutting property
owner on either side subject to doing a lot combination.
D. As with C, (06-117-23 41 0061) this is property that
is substandard for the zoning classification (.148 cares
in a 1 acre zone.) It is also recommended that it be
released for limited sale.
In both C and D the City would notify the abutting
property owners that they are available for sale.
ALTERNATIVES -
1. Accept staff's recommendation regarding disposition
of the various properties and direct staff to prepare
resolutions for adoption at 'he 11/23/87 Council
meeting.
2. Discuss and table for further consideration on the
matter until 11/23/07. (It is recommended that the
decision and resolutions be adopted at that meeting as
the City has to respond to Hennepin County no later than
12/9/87.)
RECOMMENDATION - The following recommendations are made regarding
the pieces of property listed above:
Property Group -
A. No action required.
B. Declare all the parcels for park land.
C. and D. Sale of the properties as limited sale to
abutting property owners.
PROPOSED MOTION - Moved by _, seconded by �, that the Council
direct staff to develop resolutions for adoption at. the November
23, 1987 meeting regarding the tax forfeited lots listed in
Attachment A. Ayes _, Nays
K
DEPARTMENT OF PROPERTY TAX AND PUBLIC RECORDS
A607 Government Center
Minneapolis Minnesota 55487-0067 - E -
HENNEPIN
ID
OGT 141967
I
Crossroads To Service I
October 9, 1987
Dorothy M. Hallin, Clerk
City of Orono
P 0 Box 66
Crystal Bay, Minnesota 55323
Dear Ms. Hallin:
Enclosed is a classification list on non -conservation land located in your
municipality. The described parcels forfeited to the State of Minnesota for
non-payment of property taxes.
As provided in Minnesota Statutes 282, we request that you either approve the
parcel(s) for public auction, auction to adjacent owners if Minnesota
Statutes 262.01, Subdivision 7A is applicable, or request a conveyance to your
municipality for public use.
We require a certified copy of the City Council Resolution authorizing any
action taken. If you request that a parcel be conveyed to your municipality,
we also require that the form "Application By A Governmental Su.' -)division Foc
Conveyance of Tax Forfeited Land" be completed and mailed to this office.
only new special assessments which were levied after the forfeiture need be
certified to this department. Tha remaining balance of any assessment.levied
previously will be picked up automatically.
Please be ad�:s,ed that if the City Council fails to respond within ninety (90)
days of the date of this letter, the sale will be deemed to be approved.
If you have any griestions, you may contact the Forfeited Land Unit at 348-3734,
or myself at 348-6989.
Sincerely,
Dale G. Folstad, Director
Property Tax and Public Records
Sharon J. Erion
Tax Procen5ing Section Supervisor
DGF:SJF:-,? HENNE►'IN COUNTY
Enc lo-urr
on equal opportunity employer
CLASSIFICATION LIST Iu'i-ht:
R110 OATS s 08✓10/87
SC T1I RC OR SPIV
PRO/CRTT ADDRESS LOT SLR
0r-117-t3 41 0961
016 f07
07-117-t3 44 00l3
ON
07-117-t3 M 0m
MS
07-117-t3 4A SM
OM
07-117-23 M M9 a7/
17-117-tD tt C010 0
r 1 A IS CONCOROIA ST
t'J r�- % i! /-1—`
17-117-23 43 W73 017 ooS
Tum 1 a AccoU1m w PLRQC 7
HENWPIN COLOM PROPERTY INFORRMbIO1 SYSTEM
REPORT NO: PI*t1101
LIST OF FORFEITED PROPERTY
►AM 14
APElROils �.�ER/IE7C:iIPTION
DATE OF
DATE OF
BLOC MILT
DROND
JLDit14NT
FORFEITURE
VALUE VAIN
STATE LAID DEPT
/ /
OV17/87
*WD&WTO0tA SUOQT PARK"
S'MEILA M JO NSON
04/17/84
OW21/87
igloo
"HIG MOOD LAKE MINNETWtA"
SIRE I LA M JUNW3 H
08/l7/04
es/ti/a7
AM
"HIWO0000 LAKE MDOiTON(A"
SWIu M JO NSO+
94/17/88
o5✓tl/07
200
"HICNMOOD LAKE PUDWETOO(A"
ONLY lZ2
VERWTCA M CROOKFR
04/17/84
OS/tl/87
:.600
"HIGnJOOD LAKE MI14NITONW"
STATE LAND DEFT
/ /
04/17/D7
53.900 !&,.Sea ~
UOILATTEO 17 117 23
CCSR AT A PT ON NLY LINE OF GOW LOT 2
DIS 140.5 FT S OF THE N LINE OF SAID
LOT 2 TH E 7S3 151100 FT TH S 200 FT
TO N LINE CF COFFEES ADON TH M AWN*
SAME TO A PT 10T7 859100 FT M FROM M
LINE OF SHADY MOOD T11 NHI.Y TO A PT
368 5910 FT S OF N LINE OF GOUT LOT t
AND 1097 8SA100 FT M FROM M LINE OF
SHADY MOW TH M TO M LINE OF GOVT LOT
t IN NLT ALONE SAME TO DEG
STATE LAID DEFT
/ /
07/17/87
"NAVARRE HEIGHTS- HENNEPIN COLK"
MI10#SOTA
CLASSIFICATION LIST 705-NC
page 36
NON-CONSFRVATION LIST 705-NC
The following are waterfront propertieH withheld from public auction
pursuant to M.S. 262.018:
Parcel A. PIDt 17-117-23-22-0010
Property address: 1635 Concordia Street
City of Orono
Market value: $185.500.00
Structure: House(Building value: $53,900.00)
Size: 4.5 acres
Property borders the West Arr. of Lake Minnetonka.
Parcel B. PIDh 02-118-24-12-0010
• Property address: None provided
City of Independence
Market value: $100.00
Size: .15 acre
Property borders on Lake Sarah.
Parcel C. PID# 03-118-21-22-0036
Property address: None provided
City of Brooklyn Center
Market value: $19,800.00
Size: 7.93 acres
Property borders on a pond. (Brooklyn Center Assessor 6 EngineerinF
r had no record or any particular name for this lagoon/swamp)
Parcel D. PID# 18-029-24-13-0079
Property address: None provided
City of Golden Valley
Market value: $100.00
Size: .02 acre
Property borders on Bassett's Creek.
Parcel E. PIDt 36-115-22-11-0001
Property address: None provided
City of Maple Crove
Market value: $50,000.00
Size, 11.15 acres
Eagle Creek flows through this parcel. Eagle Creek is
apparently connected to Eagle Lake via s culvert systec
running under Magda Drive. Eagle Lake lies to the vest of
this parcel, across Magda Drive. A lake access parcel owned
by the Minnesota D.N.R. is located directly vest across Magda
Drive, and a park parcel ou-ned by the City of Maple Grove
is located directly to the south of this parcel of tax forfeited
land.
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TO:
Department Heads
r�
FROM-
Mark Bernhardsnn�
City AdministratOr�
V
DATE:
March 17, 198,
SUBJECT: Tax Forfeited Property Procedure
INTRODUCTION - Sporatically through the year the City r3ceives
listings of parcels from the County that have gone tax forfeit.
The County passes t,•se to the City as the City has the first
right of refusal on tax forfeited properties. (But not County of
State property otherwise acquired.) Over "-►,.e years Orono har
handled this in a number of different ways - d it is the inter,
of this memo to establish L% guideline by a rch the staff can
process these requests and ensure that al. ,he appropriate
considerations a-e taken into account.
BACKGP.JUND - Ir the State of Minnesota for a property to go tax
or eit`t,tataxes woule' have riot been paid fa: at least five years
for homestead property and t'ree -ars for nor. -homestead
property. estead proper* been placed for sale by
the County i 1987 t i rs : ha -iqL t taxes in 1981. In the
first year of delinquency a ent is placed r. the -�perty,
if there are no tax payr,(,. zade ir f ive years ho estead
property will be placed for sd.,e. Non -homestead property placed
for sale t he County in �'987 fire had delinquent taxes in
1983. In V first delinquent tax . . judgement will L_- filed
and after three years of r payment of tax the pro' - rty will ae
placed for sale.) Once i _ as gone tax forfeit the County, aft .r
having it reviewed by t.;L respective municipality, can then plac-
it for sale. The opt;.3ns that exist to the City ar :
A. That it not he Fold,
B. the City :3c �; re the property or
C. That it be placed on a limitid sale be of its
unique nature to abutting property owneLs.
There a. `generally three types of monies that the taxing
jurisdictions attempt to r,!-coup from the sale of a property.
A. Special Assessments - Special assessments have
Priority on tie mone,--Trc�m the sale proceeds. Tt ;
includes the total principal cutstanc' ng plus the is :t
six years of interest.
B. Um.
n aid Taxes - The aeunt that may avail able for
unc 7ieneral taxes are prorated out to the varietr .
taxing jurisdictions ')ased on the appropriate mill
CiiteS.
Expenses Subse - t to Forfeit,rrA
there are times that work is done on a p: • --rty
subsequent to it going tax forfeit. .These e-pei :tures
are usually recouped separately from the sale r .Ice of
the land and are the ones that have first claim on the
property.
It should be noted on special assessments that when a property
goes tax forfeit the special assessment is no longer valiO on the
property.
It has generally been the County's policy that 80% of the
purchase price will go to pay off any outstanding specials up to
the amount of the specials plus interest and the other 20% to pay
off any unpaid taxes. Any amount over that for which it is sold
goes to the County. As mentioned above expenses occurred
subsequent to tax forfeiture, but prior to sale, are an
additional item added into the sales price and are taken out 100%
prior to distribution of the other two areas.
PROCESS GUIDELINE - The following represe,,jt the steps and
co�derations that should be taken into account when working
with a piece of tax forfeited property.
A. Recut of Notice of Forfeiture - When the Clerk
recieves notiffca ion of a taxforfeited property or
properties; from the County the Clerk will in memo form
transmit a list of the P.I.D.'s plus the attendent maps
showing 'he location of these properties.
F. Review by Department Heads - Each of the appropriate
department heac.a will review as follows:
Administration - Administ; ,'`or will view in
con Junct on with the departmen . neads to derL-r:r.ine if
the City has need for acquisition of the property.
Public works CoordinAL or - The Coordinator will review
to cTeterm ri e if there aE s needed right of way, narks or
any other utilization !-hat r be made by the City of
the property.
Building and Zoning - The Building and--ing
Administrator will review to determine the app )le
zoning to see if the lot size meets the minimvm b ,ng
sire for the zoning district or if it is line, couAd be
given variances making it a buildable lot.
Finance - The Finance Director will have the records
researched to determine any outstanding special
assessment, and other charges against the property.
RECOMMENDATION TO COUNCIL - After review of the property *'�e
WamTnrstrato= wi -made Fecommendation to the Council in
following two areas:
1. The recommendation will include:
A. Disposition
City Acgvisition
Release for general sale - (Shoreline property under
50 feet require approval of the Department of
Natural Resources. Shoreline property over 50 feet
would require an act of the State Legislature.)
Limited release - -ity based on various
considerations can diL-ct, l)y resolution, a release
of limited sale generally to abutting property
(n, rs.
AJI Peimbursement for Monies - In addition to
recommendation for disposition the staff will
recommend the total expenses to be recouped by
catag ory or whether the City is willing to waive any
or all of the assessmen�s outstanding.
2. Resolution to Count► - The Council for the piece of
propety ou sF? sd opt` a resolution indicating what type
of sale they desire together with what expenses the City
desires to be reimbursed and the total amount of those
expenditures.
3. valuation - Once the County has received the
resolution from the City regarding disposition of the
property the County will undertake a valuation of the
property It is helpful that at the time a resolution
is mai'Led to the County that a copy of the most recent
Assessor's valuation be transmitted to the County and if
possible have the Assecsor up,. —.a his value on t
property.
4. Property Sale - If the property is directed to be
sold then the Finance Director will transmit th+� amount
of money that the City wants to receive from the sale
from the P.I.R. Fund to the Debt Fund to pay that off.
Once the proceeds of the saie are received these will be
used to reimburse the P.I.R. Fund.
5. Reassessment of Propert - The City .gas its option
for any monies r t recouped in the sale price for an
assessment on which thero was a defaujit the ability to
reassess that amount ot• •nding against the property.
This however, would hav ae subject t�.) public hearing
notice to the new prope owner. It is suggested that
if the City intends to reassess anyt,ing not recouped in
the sale price that it be noted in the resolution to the
County and that any new owner bo put can rot. ice of the
possible r,!aa::essment.
CONCLUSION - It will be the Clerk's respons_ ility to track
progress on the tax forfeiture items through transmittal of the
resolution to the County, from thore on it will be the Finance
Director's responsibility to ensure that appropriate accounting
for monies be undertaken.
1., .: vV.rr_11r.0 »Ou Z11U .D
MIM2IN COLT DEPAi ,-U47 -OF PP.OPEM TAX & PL13LIC RECOPLS
PUBLIC SALES - All tax forfeited land offered at a public auc._:on is solu to the highest
i6 df-ler.Occasionally auctions are held to sell small parcels o.`. property that have bem
approved by the city council, in which the property is located, to be s)ld to adjacent
owners only.
SALES OVER THE COLNI'ER - Parcels not sold at a public sale may be purchased after the
Me y paying the appraised value of the parcel. however, property appro, d for sale
to adjacent owner will continue to be availabe to adjacent property o,,Mers only. Prices
cannot be changed unless the parcel is reappraised, republished, and -
subsequent public auctiot. �� 0 �� r I
IN:
TERMS - Sale of $150.00 0�: less - Full payment at sale.
Sale o 151.00 to $1500.G0 - 20% down or $150.00, vhichever eaEter, 719$7
balance in five(5) annual installments.
Sale of $1501.00 or more - 20`. down, exccp- 1T. cn all parcel =ir.ing--
structures, ance in ten (10) annual installments
The interest rate of the unpaid purchase price is a variable rate per M.S. 549.09.
aproximately 30 days before installments are due, a billing Frill be mailed to indicate
the amount of the instalment, and accrued interest viiich is due. Any or all install-
ments may be paid in advance. There is a $23.00 state deed and filing fee due at the
time of the final payment.
=1S L.,ANCE ACCOLSdi' - At the time of the sale of tax forfeited land, the Department of
Property Tax and Public Records collects, in full, an amount equal to T"/o of the total
sales price, to be paid into the state tax forfeited land assurance fund. This atrount
is payable in addition. 10 the sales price.
CONDITIONS - Sales are subject to exist-_rg leases, to building restrictions appearing of
record at the time of forfeiture and to easements ebtai_*ted by any €ovenuaimtal suLdivision
or agency thereof fcr any public purpose. The appraised value does not represent a basis
for future taxes. Contact the city whcre the lmnd is located for details of building
codes or zoning laws. All, PROPERTY IS SOLD "AS IS" AND MAY NOT CONFORM TO LA M B=ING
AND ZONING ORDIII,'110ES . IM COUNTY LAME.. NO WRAIM THAT = LAND IS "BL'II.DABIE" . ALL
SAIES ARE FLRAL, AND NO REMCS OR EXCHANCGS ARE PER'IITI'ED.
If a parcel in,l cancelled special assess:-vnts, as indicated on the publication list,
approximately �09, of the purchase price will be applied to the pu:)lished anou-it of
special assessments. Any r=..aining balance may be reassessed by the mmicipality. Local
iupYova=ts not yet as esscd, o d special levied after forfeiture, oust be
assumed by the purchaser.
TITLE - The purchaser will receive a certificate of sale at the time of purchase. The
Ccr-sssioner of Revenue will issue a deed from the State of Minnesota after full payment
is mde. Tax furfeit-_re may create a break in the chain of title, and services of an
attorney may be necesLa7 to make the title marketable.
LFAL1I,T - Cantracts may be cancelled by the Count-
y Board of Commissioners if the purchaser
&Ta-ups by failure to pay an installment and interest when clue, or failing to pay grant
taxes becoming due during the term of the contract.
The undersigned acknowledge(s) receipt of omplete copy of this statement on this;
day of , 19 , rior to the purchase of tax forfeited lam,
Yi P-nnepin County. a un �rsil;-ed st a s) at he or she has read and understands t;
stat�t.
Signaturdh
Attachment C
Taxfeited Properties
Per Hennepin County Ltr Dtd 10/9/87
Property Zoning Sewer
Group Address/PID Lot Size Required Unit
(Acres) Size Assessed
A. 1635 Concordia
Redeirand-
Remove from List
B. 07-117-23-44-0053
.229
1
Acre
2/5
0054
.229
1
Acre
2/5
0055
.114
1
Acre
1/5
0059
.229
1
Acre
1 Unit
C. 17-117-23-43-0073
.151
.5
Acres
D. Ob-117-23-41-0061
.148
1
Acre
Outstanding
Assessments
$5,032.90
$5,032.90
$2,506.51
$12,529.83
$196.62
$573.72
11487.2 ' !
TO: Mayer and City Council
FROM: Mark Bernhardson, City Administrator°'-'
DATE: November 4, 1987
SUBJECT: Resignation/William Breimhorst
Attachm�at: A. Letter of Resignation - William Breimhorst
ISSUE_ - Acceptance of William Breimhorst's resignation as a part
time patrol officer.
INTRODUCTION - Mr.. Breimhorst was hired as a part time
replacement in Jul- -rovide some coverage during the injury on
duty absence of Mil nyczuk.
DISCUSSION - Mr. Breimhorst has accepted a full time position
with_the_St. Boni facious-Minnetrista police department. His
employment period, although short, has been of great assistance.
Currently staff is working to evaluate the recovery progress of
Officer Kirnyczuk. Based on his progress and anticipated level
of police activity, staff will be evaluating the need for
additional p?rt time assistance.
RECOMMENDATION - Acceptance of the resignation with tha, for
his excellent work. Additionally request authority to seek an
additional part time officer if deemed appropriate as a
substitute for Officer Kirnyczuk pending his recovery.
PROPOSED MOTION - Moved by , seconded by , the Orono Council
accepts the resignation of_ William Breimhorst as a part time
officer effective November 9, 1987, thanking him for a job well
done. In addition Council authorizes staff if deeme' to be
needed to seek a replacement until Officer Kirnyctu:.'s return
subject to Council approval of the individual selected. Ayes
Nays
October 30, 1987
Chief Mel Kilbo
Orono Police Dept.
Dr. Chief Kilbo;
It is with mixed feelings that I submit my resignation as part-
time officer with Orono P.D. for the following reason.
On October 29, 1987 St. Boni/Minne-'Crista offered me a full time
position with their Dept. I will officially begin there November
9, 1987.
I wish to say that my experience with Orono P.D. has been one that
I have enjoyed tremendously. Thank you for the opportunity to be
a part of this Dept.
Since:: ;
William H. _nhors*
c/c Lt. Cheswick
Lt. Erickson
• * 11487.1 ", � 0
r
TO: Mayor and City Council
FROM: Mark Bernhardson, City Administrator'C-7�
DATE: November 4, 1987
S09J®CT: Compensation Increase - Jamie Bosma
Attachment: A. Jamie Bosma's Salary Review Memo Dated 10/29/87
ISSUE - Approval of a retroactive pay increase to January 21,
1987 for Jamie Bosma.
INTR_OD_UCTION - As noted in Attachment A, Jamie Bosma should have
had a performance and salary review at the beginning of the year.
DISCUSSION - While the compensation review was not done in a
timef_y manner the individual has performed at a level meriting a
3.5% raise as of 1/21/87. Funding for this 22Q/hour differential
would be funded from money budgeted ` -r salary adjustments. Her
salax.y will be further evaluated du, ing the pending comparable
wirth budget adjustments.
RFCOMMENDATTON - That the salary adjustment be approved
s��*cc.actiee to January 21, 1987.
ALTPRNATIVE -
1. Approve recommendation
2. Modify or deny
3. Table for further information
PROPOSED to'erON Moved by , seconded by , that the Orono
Council u,, ove a retroactive compensation increase for Jamie
Bosma from ei.18 to $6.40 effective 1/21/87. Ayes __, hays __.
101287.
TO: Mark B!rnhardson, City Administrator
FROM: Dorothy Hallin, City Clerk
DATE: October 29, 1987
SUBJECT: Jamie Bosma's Salary Review
Jamie Bosma was originally hired by the City as a temporary/part
time person to work from February 28 through June 1, 1986. This
was the per ic' of time Terri Naab was on a leave of absence.
Subsequent to that she was hired as a temporary summer employee
from June 1 through August 29, 1986. As of August 1, 1986 the
position of Office Assistant w•r - established, a permanent part
time position, and Jamie assume(, that position. Throughout this
entire time period Jamie has not had a salary review, her rate of
pay has remained at $6.00 per hour until January 1, 1987 when she
was given a 38 salary increase along with the ma3ority of City
employees. According to the City's personnel policy employees
are to receive reviews at the three and six month mark.
Jamie has comuleted a performance review form and she and I have
reviewed this together. After this review I would recommend that
Jamie's salary be adjusted to reflect the following:
Start V � '85 = $b.00
January 1. 7 - 38 = $6.18
1/21/87 six month
review - 3.5% = �" A
'amie's current salary sta% • is:
Start 7/21/86 = $6.00
January 1, 1987 - 3% _ $6.18
Jamie is punctual and continues to be flexible in her working
hotirs. She is eager to learn new tasks such as the new computer
for building and zoninc, permits and the cash register.
10787.5 �l
�+Ir .4
TO yor and C i t nunc i'
FROM: Mark Bernhardscrl, City r.lministrator��
DATE: November 2, 1987
SUBJECT: Lo..9 Lake - Water A%reement .,ci Property
Attachment A. Proposed Licesure Agre:,ne. ;ci Property -
875 Wayzata Boulevard
3. City of Creno Memo - Cici Property -
875 Wayzata Boulevard - Water Connection
Dated 5/20/87
ISSUE - 01.ono Council consenting to the licensure agreement
between the 'ity of Long Lake and the Cici's property fo
,--tension of iter service from Long Lake lines to the proper
lI�'i EDUCTION - As part of the conditional use and consideration
i Crr<:prehensive Plan Amendment Number 2 the City of Orono
3yr..( t.,at water could be extended to the property Long
rrincipally because of the fire protecti( d for
t'ne N r r
The City of Long La%a nas drafted a .icensure
�y ---err .it which would limit the Cici property to using the
6 inch main only for the purposes of their building and
chey would not be allowed to utilize that water service for
other properties without th,! express concent of both the City
Long Lake as the contractor or the City of Orono as the
consenting party to the agreement. The primary terms related to
this matter include the following.
A. Termination -
a.) No_Payment/30_Days - This is similar language to
that the City of Orono you ld ut i ! i -e wi tri its rate
paying customers for water al thouyh the' • y of or io
generally allows longer: time (45 "ays).
b.) Temporary _Shut _Off - This languay- regarding
cis: r t im_Ination owards Long Lake .rsers in the event of a
water shortage is similar to th3r found in t' urrent.
general water ag L eement between the City of ro a nd
;Ye City of Long L,k'•.
c.) Ac; E.-,Yrrnt Cancellation - '*he yknE.Cr:.i agrc-ment
^t •A ie -two cities is for a t) pr par p^-iod,
howl this Particular agreemer' or: - on 120
days. "his is felt adequate as ►ner a+ald
dig a w- + 1 in that per' ' of Cit; h.sa
included a notice t( ^ror c,,ny tmp�n._.ng t-'7ut off .,o
that the City may t.-. 3, ppropr .ate action regarding
the building in rel,a! iship to thor termination.
i
B. B_illin% - Normally persons in Orono that are on the Long
Like system are billed by the City of Orono. Ttere have
been however, a couple of exceptions in recent years
where they have direct private connections to Long Lake
lines. In those cases the City of Long Lake bills them
directly.
C. Liceau.' Agreement - As noted above the licensing aspect
oZ_EFie jreement limits the Cici's to be only able to
utilir he water for their property.
RECOMMEDATION ,t is recommended that this attached agreement
between ills parties be consented to by the City of Orono in order
to provide water service for both fire protection and potable
water to the Cici property to allow for their development.
PROPOSED MOTION - Moved by - , seconded by , that the City of
Orono consents to the licensure agreement between the City of
Long Lake and the owners of the property at 875 Wayzata Boulevard
for the extension of water service to the property. Ayes
Nays __
cci City of Long Lake
Peter Watson
52087.1 �L /
TO: Mayor and City Council
11yy
FROM: Mack Bernha rd son, City Administrato(1Tll'
DATE: May 20, 1987
SUBJECT: Cici Property - 875 Wayzata Boulevard - Water Connection
Attachment: A. Cici Request Date January 29, 1987
B. Long Lake Letter of Intent - February 1987
ISSUE - Whether the Council will permit hookup of the Cici
property to the Long Lake water system.
INTRODUCTION - As you recall the Cici property was granted a
condit of nal use permit to construct a Day Care Center at the
juncture of Highway 12 and the Luce Line. Because of the
building code requirements this piece of property does require
that it be sprinkled because of the nature of the occupancy. As
a result of this the Cici's determined that cost to put in their
own domestic well supply together with a well large enough to
support the sprinkler system together with a septic system would
cost $50,000 more than if they were able :o hookup to munic.pal
sewer and water.
Because of the joint request and the need for sewer request to be
part of a Comprehensive Plan amendment this was incorporated as
part of the Comprehensive Plan Amendment t2 regarding the Highway
12 corridor study.
DISCUSSION - Because the Comprehensive Plan amendment has taken
Zonger `.Ean originally anticipated together with the fact that
the water service in and of itself is the primary issue regarding
cost and that this in and of itself does not require a
Comprehensive Plan amendn< t this issue is brought forward to you
at this time independentl} ?` the Comprehensive Plan amendment.
It is the Cici's intent that they would be able to commence
construction once the water system conncection is approved and
all the easements are obtained. They would provide in their
building plans that they would either be able to connect to a
- tic system or a sewer system connection depending on the
t.ming of the Comprehensive Plan amendment and what approvals
would take place in regard to that.
RECOMMENDATION - It 1s staff's recommendation that the issue of
water oi—o ucT�p Te handled separately from the Comp Plan amendment
and that in this case it be approved to provide a cost effective
solution to provide appropriate built in fire protection for the
Day Care Center.
PROPOSED MOTION - Moved by , seconded by , for the Council to
authorize the hookup of the property at 875 Wayzata Boulevard,
Day Care Center to municipal water system of Long Lake and direct
staff to undertake any appropriate negotiations to allow that to
happen. Ayes _, Nays _
cc: Mrs. Ingabord Cici
Jeanne Mabucth, Zoning Administrator
John Gerhardson, Public Works Coordinator
City of Long Lake
ARLO H. VAN DEVEGTE, RA.
ATTo1,Yn A„O COUN.[LOI, .T L•. s r x- A 7 a. a Y,•
IOMO IA... gr...OTA O, 42 off
October 29, 1987 --
John R. Gerhardson
Public Works Director
City of Orono
P.O. Box 66
Crystal Bay, MII 55323
RE: CiCi Water Connection Agreement
Dear John:
Per your request I have Cade the changes in the CiCi Agreement. I am
herewith enclosing an original copy of the same executed by Mr. CiCi. If you
would then submit the matter for approval for the November 9, 1987 meeting,
I will have the matter set for approval by my city council at its meeting of
liovember 4th. Please let me know if you have any questions.
Very truly yours,
10 A�ande and;
AVV/JIh
Enc.
LICE14SE AGREEMENT
THIS AGREEMENT, made this day of , 1981, by and between
Pandeli CiCi and Ingeborg CiCi,__usFand and w e(Ferea ter called 'Licensees")
and the City of Long Lake, a municipal corporation under the laws of Minnesota
(hereafter called "Licensor"):
WITHESSETH:
WHEREAS, Licensees are the fee owners of certain real property located within
the corporate limits of the City of Orono and Hennepin County, Minnesota, said
real property being legally described on the attached Exhibit A; and
WHEREAS, Licensor is the owner in fee of certain real property located within
its own corporate limits and Hennepin County, Minnesota, said real property being
legally described as Lots 8 and 9, Block 2, Green Glen, said property being part
of city parkland known as Green Glen Park; and
WHEREAS, Licensees desire to construct a day care center upon the northeasterly
portion of their property and desire to service the same with water service from
Licensor's municipal water main located in the cul-de-sac at the southeasterly end
of Glenmoor Lane within Licensor's corporate limits; and
WHEREAS, the City of Orono consents to the connc-tion of Licensee's day care
center to Licensor's municipal water service under •.a terms and conditions set
forth herein; and
WHEREAS, the State Department of Natural Resources has granted a "License to
Cross State Lands" to Licensees for a period of 25 years so that Licensees may
construct, maintain and operate said water line under and through the Luce Line
Trail; and
WHEREAS, Licensor's engineer has examined Licensee's plans and specifications
for construction of said water line and found them to be in accordance with sound
engineering principles; and
WHEREAS. Licensor desires to allow Licensees to construct, maintain and
operate said water line across its above -described real property and to connect
the same to Licensors municipal water main in the said Glenmoor Lane cul-de-sac
according to the said approved plans and specifications and the terms and condition,
set forth herein;
NOW, THEREFORE, based upon the foregoing recitals and the covenants and
provisions herebelow set forth the parties agree as follows:
I. Grant of License to Connect to Lonq Lake Watermain. Licensor hereby
Igrants toZi-cen sees thee-T to connect to t e mun�cTal watermain lon red in the
lenmoor Lane cul-de-sac a private six inch watermain according to the plans and
specifications prepared by Clark Engineering and certified September 16, 1981.
Said plans and specifications are hereby incorporated into this agreement by
reference and thereby made a part hereof.
The granting of this license also permits Licensees to construct, maintain
and operate said watermain over, under and across those portions of Lots 8 and
9. Block 2, Green Glen according to said plans and specifications and subject to
the further terms and conditions of this agreement. The license hereby granted
shall be indefinate unless terminated as provided herein.
2, pur ose of Watemaln. Licensees represent that the sole and exclusive
purpose o sa wa erma n s to give water service to a building to be constructed
for day care purposes in the northeasterly corner of Licensee's aforedescribed
real property. Licensees agree that they shall neither permit, allow nor cause
to be connected to said private watermain any additional structures without first
obtaining the written consent of Licensor and the City of Orono.
3. Restoration. Licensees warrant that they will, at their expense and
within 30 ayT s o Tnstallation of said private watermain, restore Licensor's
property to the condition in which it existed, or as near as may be, immediately
prior to construction and installation of said watermain over, under and across
Licensor's property. Licensees are hereby allowed an area 10 feet either side
of the location of the watermain in which to conduct their installation and
construction activities and within which to service and maintain said watermain
following its completion.
4. Service Maintenance and Billing. The parties agree that said waterm.ain
shall be en re y pr va a an censor shall have no obligation whatsoever to
service or maintain it. In the event Licensees have need to service or maintain
the line on any part of Licensor's property or upon the Glenmoor Lane cul-de-sac
they shall first notify Licensor of such need and shall not proceed with the
service or maintenance until such notification has been actually delivered.
Licensees shall immediately restore Licensor's property to its original condition
upon completion of such service and maintenance.
Licensor shall have the right to cane onto Licensee's property at any time
to inspect the construction, operation or maintenance of the line and/or its
connections or to read meters.
Furthermore, Licensees shall install or allow Licensor to install a water
meter meeting Lirensor's specifications upon the connection t;. Licensees'
building for the purpose of metering Licensees' water usage and billing for the
same. Licensees agree to pay directly to Licensor the same water rates as are
from time to time billed by Licensor to other users of its municipal water
system within the City of Orono. Licensees will be billed by Licensor quarterly
or at such other intervals as Licensor deems appropriate for Licensee's water
usage. Licensees shall pay the same promptly. Licensor reserves the right to
terminate Licensees' water service for non-payment upon 30 days written notice
and to temporarily terminate the service in the event Licensor determines that
it cannot meet the demands of all users of its municipal water system. This
includes giving Licensor the right to discriminate against properties not located
within Long Lake in favor of property within it. Licensor shall notify the City
of Orono of intent to terminate or temporarily stop service.
5. Connection and Hook-u Fees. Licensees agree to pay all appropriate
connection an ooc up ees ev e y Licensor to permit connection into its
municipal water system.
6. Indemnification. Licensees agree to hold harmless and to indemnify
Licensor fr_c_m_a_ny_a_nd5n liability or claims of whatever kind or nature arising
out of Licensees' construction, operation or maintenance of said private water
line. In addition Licensees agree to pay Licensor for all costs of a legal or
engineering nature incurred by Licensor in connection with this agreement.
7. Termination. Licensor reserves the right to terminate this license
upon 120 ays�written notice to Licensees for any cause. Licensees shall remove
all property or structures from Licensor's lands following the termination date.
8. Success�ors and��As��s�i�gg. The terms of this agreement shall be binding
upon Licensees a rsTt�dm�rators, successors and assigns.
9. Miscellaneous. This agreement constitutes the entire agreement between
the parties. may not be amended without a written instrument signed by both
parties. No delay in enforcing any of the conditions of this license shall
operate as a waiver of any of Licensor's rights and the violation of any of the
conditions hereof shall Ue cause for termination. In the event it shall become
necessary for Licensor to engage the services of an attorney in order to enforce
any of its rights hereunder, Licensees agree to pay all costs of such enforcement
including reasonable attorneys fees, expert witness fees, engineering fees and/or
costs and disbursements.
IN WITNESS WHEREOF, the parties have caused this agreement to be exeucted
and delivered the day and year first above -written.
STATE OF 1411114ESOTA
SS.
COUNTY OF HE NNEPIN
one r CiCi
L"kN _
nge org i V
CITY OF LONG LAKE
By:
By:
City Clerk
The foregoing ir.strument was acknowledged before me this 14 TH day of
Ouatu - , 1987. by Pandeli CiCi and Ingeborg CiCi, husband and wife.
PENNIE K MOHLIN
u S�i�+�ys NOVMY R'P,T 4.YHi4
4. . HENNF-'IN COUNT,
a� nta ry U IC
STATE OF MINNESOTA )
)) SS.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of
, 1987. by Owen Smeby, Mayor and LuVerne Hanson, My=erk of the
City t o7Long lLake. a municipal corporation under the laws of Minnesota, on behalf
of the City.
Notary Public
CONSENT
The foregoing agreement is hereby consented to by the City of Orono.
uated:
STATE OF MINNESOTA
CITY OF ORONO
By:
By:
) SS.
COUNTY OF HENNEPIN )
The foregoing Consent was acknowledged before me this _ day of
1987, by and
of the City of Orono, a municipal curporation un er the laws of Minneso—fa, on
behalf of the City.
Notary Public
This Instrument Was Drafted By:
Arlo H. Vande Vegte, P.A.
Box 39
Long Lake, MN 55356
That part of the Southeast 1/4 of the SE V4 of Section 35, Township Ile, North Range
23, W of the 5th Principal Meridian descirbed as follows: Beginning at a poln•. )n the
W line of said SE 1/4 of the SE 1/4, 29.7 feet North of the NEIy line of the right of
way of the GroaT Northern Railway Company; thence N along the W line of said SE 1/4
of SE 1/4 to the S Ilne of the right of way of the Electric Short Line Railway Company;
thence Ely along the South line of said Electric Short Line Railway Company to the SWIy
line of State Hwy 12, formerly No. 10; thence SEIy along said SWIy line of said Highway
to a point distant 385 feet measured at right angles from the S line of Section 35;
thence Wly parallel with and distant 385 feet measured at right angles from the S line
of sold Section 35, a distance of 101J.05 feet to the point of beginning.
ALSO III that part of the SW 1/4 of the SE 1/4 of Section 35/418/23 lying S of the
SEIy right of way line of the Electrir Shot Line Railway Company and NEIy of the
NEIy right of way line of the Great Northern Railway Company.
EXHIBIT A
11587.3
TO: Mark Bernhardson, City Administrator I�
FROM: Tom Kuehn, Finance Director'kl I: ]
DATE: November 5, 1987 ,.
k�
SUBJECT: Appoint Auditor for Fiscal Year 1987
We have requested cost estimates from the audit firm of Pannell
Kerr Forster for performing the 1987 fiscal year audits. They
have submitted a total estimate of $12,659, excluding direct
expenses and excluding any additional expenses incurred as a
result of application to the Certificate of Achievement for
excellence in financial reporting. This compares w ch an actual
cost for the 1986 audits of $12,650 plus $267 for direct
expenses. The 1987 FY cost estimates are:
a. Annual audit for the City S10,9g8
b. Single audit covering federal programs '.9
c. Minnesota legal compliance audit 1,.
TOTAL $12,650
We have budgeted $12,890 in 1988 for the 1987 audits, plus $3,000
for the Certificate of Achievement costs.
RECOMMENDATION - It is requested that Council approve the
appointment of the audit firm of Pannell Kerr Forster, C.P.A.'s
to perform the required audits of the 1987 fiscal year records.
TO: Mayor and City Council
l,
FROM: Mark Bernhardson, City Administ[ato
Forwarded recommending approval.
PROPOSED MOTION - Moved by , seconded by , to appoint the
audit firm of Pannell Kerr Forster to perform the required audits
for the 1987 fiscal year at an estimated cost of $12,650 plus
direct expenses. Ayes , Nays __
' PANNELL
KERR
FORSTER
Canilwd Publx ACCPUnianb
410 Park f loonal Bank Bldg
5353 vmyuls Boulevard
Minnalmlenk MN 5WO
October 9, 1987 rmaphone(612) 545-021
Mr. Mark Sernhardson, City Administrator
City of Orono
Y.O. Box 66
Crystal Say, Minnesoti 55323
Dear Mr. B&.r.^.hardson,
This letter is to explain our understanding of the arrangements for the services
we are to perform for the City of Orono for the year ending December 31, 1987.
We a that you either confirm or amend that understanding.
As in the past, we will perform an examination of the City's financia_
statements. The purpose of our examination is to express an unqualified opinion
on the fairness of the presentation of the City's financial statements for the
year ending December 31, 1987, in conformity with generally accepted accounting
principles applied on a consistent basis. If we discover that we cannot issue
an unqualified opinion, we will discuss the reasons with you before submitting a
different kind of report.
As you know, management has the primary responsibility for properly recording
transactions in the records, for safeguarding assets, and for preparing accurate
financial statements. Our basic audit function is to add reliability to those
financial statements.
Our examination will be conducted in accordance with generally accepted auditing
standards. It will include a review of the system of internal accounting
control, analytical reviews, and teats of the transactions and/or balances to
the extent we believe necessary. It will not include a detailed audit of all
transactions and in not designed to discover defalcations or other irregulari-
ties, should any exist. If the City desires that we expand the scope of our
services to this regard, this letter of understanding will require revision.
he a result of our review of your system of internal accounting control, re will
report to you any major observed weaknesses.
We will also perform a single audit covering federal financial asristance
program if required under the Single Audit Act.
In addition, we will perform the required state legal compliance audit covering
five mein categories of compliance with Minnesota Laws to be tested. Our
toting procedure% will coroly with provisions of the LegAl Compliance Audit
Guide pursuant to Minnesota Sta•utee 66C. 6.145.
City of Orono -2 - October 9, 1987
eWe will try to initiate ideas or observations that we believe will help achieve
the objectives of the City. we will also be pleased to respond to inquiries you
micht have about financial or other business matters.
The assistance to be supplied by your personnel, including the preparation of
schedules and analyses or accounts, will be discussed and coordinated with you.
The timely completion of this work will help us complete our job on a timely
basis.
Our fees are based on the time required by the individuals assicned to the
engagement. Individual hourly rates vary according to the degree of respon-
sibillty involved and the skill required. we cannot, of course, give any
assurance as to the expected total fee. we estimate our fees, however, to be as
follows,
a. Annual audit of the City $10,900
b. Single audit covering federal programs S 750
c. Minnesota legal compliance audit $ 1,00u
Any direct expenses will be itemized and billed to addition to the above fees.
Interim billings will be submitted as the work progresses, and as direct
expenses are incurred.
I will ,,e in charge of the work we are to perform for you. I will call upon
others in the firm for help and counsel, as necessary.
If you intend to publish or otherwise reproduce the financial statements and
make reference to our firm name, you agree to provide us with printers' proofs
or masters for our review and approval before printing. You also agree to pro-
vide us with a copy of the final reproduced material fo, our approval before it
is distributed.
If this letter defines the arrangements as you under.:tand them, pie tgn and
date the enclosed copy and return it to us. If not, please let 6 v what
changes are needed.
V,ry tr'lly your.,
PANNELL KERB FORSTER
Kenneth W. M^lloy. Partner
KMM, iw
APPROVED,
Title
Date
Tos Mark E. Bernhardson, City Administrator
From: John R. Gerhardson, Public Works Director
Glenn Cook, City Engineer
Date: November 3, 1987
Subjects Bid Award - Hackberry Park Well
On Friday, October 30, 1987, the City of Orono received and opened
bids for a well at Hackberry Park. The bids and amounts of bids are as
follows:
Trout Well - St. Cloud $12,285.00
Layne Western, Long Lake 19,350.00
Bergerson Caswell, Maple Plain 11,677.40
Stevens Well, Maple Plait 13,420.02
Renner well, Elk River 11,267.50
As you may recall the City did bid this project previously with the
low bid of $16,849.25. We revised the specifications by simplifying the
control panel and removing the water fountains which can be installed at a
later date with City forces at a lesser amount. Initially, the costs were
estimated at $8,000. The $8,000 is close to the amount of the Bederwood
well constructed in 1980.
RECOMMENDATION: To award the construction of the well at Hackberry Park to
Renner Well Company for an amount not to exceed $11,267.50 and to fund this
project from the Park Dedication Fund.
PROPOSED MOTION: Moved by _, seconded by _, to award the costruction
of the well at Hackberry Park to Renner Well Company for an amount not to
exceed 11,267.50 and to fund this project from the Park Dedication Fund.
TO: Mayor and City Council
FROM: Mark Bernhardson, City AdminiatratorH'
Forwarded recommending approval.
11587.1 a(�
TO: Mark Bernhardson, City Administrator ...;i
FROM: Tom Kuehn, Finance Director
DATE: November 5, 1987
SUBJECT: 1987 Appointments - Additional Depository - Resolution
Attachment: Proposed Resolution Adopting Appointment
ISSUE - Adoption of resolution for appointment of additional
depositories.
INTRODUCTION - Since the 1987 appointments were adopted we have
pufcfissed a_ bank certificate of deposit through M. H. Novick and
Company. As the bank, Dime Savings Bank, Garden City, Lone
Island, New York, is not currently a named depository, it is
necessary to add it as a depository at this time.
Ta:
Mayor
and City Council
rWH:
Mark
Bernhardson, City
AdministratAP
Forward recommending approval of attached resolution.
PROPOSED MOTION - Moved by , seconded by , to adopt
Resolution Number making addit-1 onal depository appointment for
1987. Ayes _ Nays __.
City ol'.7 ORONO
RESOLUTION OF THE CITY COUNCIL
A RESOLUTION DESIGNATING ADDITIONAL
APPOINTMENT TO RESOLUTION FOR THE YEAR 1987
BE IT RESOLVED, by the City Council of the City of
Orono, Minnesota, that additional appointments and designations
for the year 1987 are as follows:
Appointment/Designation 1987
Official Depositories Dime Savings Bank, Garden City
Long Island, New York
James R. Gra bek, Mayor
ATTEST:
Do[otgy R. HaTTTn CTty cT'erf
11387.2
TO:
Mark
Bernhardson, City Administrator
PROM:
John
R. Gerhardson, Public works Director
DATE: November 3, 1987
SUBJECT: Resolution - 525 Tonkawa Road
At the October 26, 1987 Council meeting the Orono Council
approved the reduction of one sewer unit and assessment balance
at 525 Tonkawa Road, P.I.D. 06-117-23 41 0098. Attached for
review and approval is a resolution authorizing the reduction and
assessment balance.
RECOMMENDATION - To adopt resolution #_ reducing the number of
sewer units at 525 Tonkawa Road and reducing the assessment
amount by $2,619.66.
PROPOSED MOTION - Moved
by ,
seconded by
, to adopt
resolution / reducing the
number
of sewer units at
525 Tonkawa
Roa.i and reducing the assessment
amount by $2,619.66.
TO: Mayor and City Council
FROM: Mark Bernhardson, City Administrator`s
Forwarded recommending approval.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
A RESOLUTION DESIGNATING
ONE SEWER UNIT AT 525 TONRAWA ROAD
P.I.D. 06-117-23-41-9698
WHEREAS, the property owner of 525 Tonkawa Road has
acquired additional lots adjacent to 525 To.,kawa Road; and
WHEREAS, 525 Tonkawa Road was assessed one sewer unit
and the adjoining parcels were assessed one sewer unit; and
WHEREAS, the property owner of 525 Tonkawa Road has
combined all parcels into one parcel now known as P.I.D. 06-117-
23-41-0098; and
WHEREAS, the property owner has requested that the
parcel be assigned only one sewer unit; and
WHEREAS, the property owner has requested that the
balance of assessments due it: the amount of $2,619.66 be reduced
to show zero balance for sanitary sewer for P.I.D. 06-117-23-41-
0098.
NOW, THEREFORE HE IT RESOLVED, that the sewer units for
525 Tonkawa Road, P.I.D. 06-117-23 41 0098, be reduced to one
unit and the amount of the sanitary se•.eer assessment be reduced
by an amount not to exceed $2,619.66.
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held November 9, 1987.
ATTEST: James R. Grabek, Mayor
Dorothy M. Hilll n, city Clerk
103087.5 '1� '.
(O
TO: Mayor and City Council
FROM: Mark Bernhardson, City AdministratoQ�ll�.:cf
DAT1*: October 30, 1987
SUBJECT: Administrator's Information
HIGHWAY 12 TASK FORCE - Attachment A is a summary of the meeting
Feld at Erie Orono High School on September 2, 1987 together with
the meeting held in Willmar on October 27, 1987. The staff had
met with the two individuals from MnDOT District 5 on October 9,
1987. Staff will be further working to develop the process with
the people from MnDOT District 5 and will be reporting to Council
on this matter at either the November 23rd or December 14th
meeting.
METRO GOOSE HUNT - DECEMBER - The DNR has authorized a further
special goose hunting season December 18th to December 27th. The
City is again allowing a total of five areas with a maximum of
three individuals each to undertake hunting during this period
under the guidelines previously outlined. One change that will
be looked at is if the City will allow an earlier hunting time
than 8 o'clock.
3382 _SHORELINE DRIVE - The mobile trailer that had been there
Dios i98B t�Frr ou g�F 3987 had originally been placed there with a
promise that it would be removed within three months.
Correspondence on file indicates that the City did not authorize
even the initial three month placing of the structure. As you
are aware earlier in the month of October the individual again
placed a different trailer on the site for the purpose of deer
slaughter and processing. This placement violated several zoning
and building regulations together with being substantially on
City property. The City was able to obtain a temporary
restraining order together with a permanent injunction and if the
individual had not removed the trailer by Friday, October 30th
from the City of Orono that the individual would be under a $200
a day fine until it was removed. The individual did remove it by
Monday, November 2nd. The City will have to see if their is to
be imposition of any fine.
COMPREHENSIVE PLAN AMENDMENT - Despite the hope that it would be
completed by tfie 16Eh oT October, the plan is currently in
printing and should be available for distribution the week of
November 9th.
SPACE CONSULTANT PROGRESS REPORT - The space consultant is
currently unde�tak3ng work 3n their office to process the
information gathered in the survey of the buildings and
discussions with the staff with a first draft of work stations to
be reviewed by staff in the next two weeks. Within the next
month or so the consultants and staff will be discussing the
Issue of process steps once the initial report is put together
for the January/February time frame.
3405 SHORELINE DRIVE - The Building Inspector has noted in a
iecenE fnspec[Ton several items on the exterior of the building
that indicate potential deterioration of the building. He has
noted these in a letter to the owner and has requested an
internal inspection of the property in order to determine whether
there is the possibility for deterioration of the site that may
percipitate a potential hazardous building proceeding.
3536 LYRIC AVENUE - The individual has completed the foundation
work anS Fes commenced the addition work on the property.
200 HOLLA_NDER_ ROAD - The property remains in a relatively cleaned
up state and there has been no further action regarding potential
sale of the property. The City's Attorney is still attempting tc
work with the Judge on the matter to have the Court hear our side
as the 30 day extension given by the Judge to Mr. Hollander has
lapsed.
4220 SIXTH AVENUE NORTH - The Inspector had previously warned the
applicant that he would not be able to use fill that contained
concrete and other building materials in the construction of his
allowed berm. The Inspector will be working with him and if
appropriate remedies can not be agreed to on a mutual basis the
City will look to the conditional use permit that has been
granted regarding the project together with other enforcement
tools that it may have.
1160 NORTH ARM DRIVE - The debris has been deposited in the
r av ine o� a combustib fe nature and the occupant has been issued a
burning permit which was to have that debris burned on the
weekend of October 31st. As of 11/4 this had not been done and
hopefully have it accomplished by 11/9.
1700 FOX STREET - With the substantial progress made on the
tennis facilfty, questions have been raised as to the exterior
finish. The approved plans show a lap wood siding rather than
just leaving the structural concrete block exposed. In addition
to resolution approving it requires appropriate screening which
will be put in place when construction is completed.
1988 EMPLOYEE HEALTH INSURANCE - Over the past year Hennepin
County has been working to amend the health benefits for their
employees. They neglected however to tell any of the 42
municipalities who obtain their health insurance benefits through
the County that any significant changes were in the offing until
about two weeks ago. As noted the County is dropping both PHP
and Mad Centers from their program and substituting Family Health
Plan which is not a 'first dollar' coverage HMO. This was
approved by the County Board on 10;30/07. Since over 75% of
Orono's employees are on those two plans this becomes somewhat
problematic. If the City stays with 'h,. County there maybe a
problem of benefits reduction to be w. 1 through with employees
including a substantial need to change ^!ors and hospitals.
While both PHP and Mad Centers originally agreed to allow the
cities on separately as individual cities at the proposed County
rates, they have since changed their position and would require
individual city experience ratings. The Cities are working to
see if there is a vehicle/organization which can act to obtain
the rates proposed to the County for PHP and Mad Centers for
1988. This would allow the needed year for Orono and the other
cities to explore their options both individually and jointly so
a satisfactory alternative program could be implemented for 1989.
INTERNATIONAL CITY MANAGEMENT ASSOCIATION CONFERENCE - During a
poi ti on of my eb sence i attended [Fe Octotier 23 th through 28th
ICMA conference in Montreal. Speakers incl-•ded the following:
- Governor Bill Clinton - State of Arkansas Governor
Clinton relayed his experiences with the public as i
young elected official and the problems of American
competitiveness together with issues that the nations
governors were taking a lead in particular reform in
this country's welfare system.
- Lester Thurow - Professor Thurow is Dean of the School
of Business Administration at MIT. He discussed the
change from a world composed of separate national
economies including the American one to an international
economy and the problems of competitiveness particularly
as they related to the United States together with his
expedation for needed change in the upcoming ye.. s.
- David Hallerstam - Reporter for the New York
Times/Pulitzer Prize Award winning writer. Mr.
Hallerstam's most recent book "The Reckoning" compares
Japanese and American automobile manufactur3s. This
served as a departure point to discuss the United States
need to improve its competitiveness in an international
economy.
- Judith Voirst - Author of the best seller "Necessary
Losses". She gave a review of what she considers the
necessary losses in everyone's life that are needed to
be undergron in order for that person to grow as an
individual.
- Mark Shields - Political satirist and columnist for the
Washington Post. Mr. Shields gave both a humerous and
insightful look at presidential and national politics
from 1869 through his expectations for the 1988
presidential campaign.
In addition to the keynote speakers and follow-up panel
discussions with the speakers the conference offered
over 70 other discussion topics and sessions that one
could attend. As many of these ran concurrently (as
many as 12 at once) I was only able to attend six of
those sessions. They are as follows:
- Magic of Creative Thinking - Discussed some of the
basic elementd ideas that are common to creative
people.
- Managing Conflict - A discussion of panel members of
variosusituations that were especially difficult for
them to mar.age, such as development and redevelopment of
interstate highways through metropolitan areas.
- New Civics for American Communities - This discussed
various processes ind strategies principally as they
focus on local development.
- Learning to Listen_ - This was a d.. scussion to assist
people in becoming better listeners to improve the
communications between people.
- ileleinq with Transitions in Everyday Life - This
session lead by John Fltzpa[rick from the Menninger
Foundation discussed the psychological aspects involved
in any of life's transitions.
- Listening to the Public - This session focused on the
dirreient types o2 communications encountered by public
officials and the limitations of these together with
ways to improve communications to public bodies so they
better understand the public thinking.
I appreciate the opportunity to have attended these sessions and
feel that these will benefit not only myself but the community
with the application of ideas and techniques learned at these
sessions. Should any of the Councilmembers desire to review the
program and/or find topics that were of interest, the City is
able to order tape recordings of select sessions. Please feel
free to contact me f you have an interest in this.
GOAL SETTING - OCTOBER - See attachment.
_____________
12-wetr•e
Highway 12 Corridor last: Force
luesday, September 29, 1987
Chamber 011fite 7:30 p.m.
Present: Jun Styve Wright County
Lee Lai eon Mid MN RUC
.Jack: Langan Swift. County
Tallac6 Johnson Swift Cuunty
Craiy Mulstad Mid MN Development Council
Dick 8autch MN/DOT Mankato
Carole Vennerst-rom, Coordinator
E',b Klingle Co -Chairman
Paul Keronen MN/DOT Dist S
Don Hubert MN/DOT District 3
Jack Halpin Swift County
Lee Kessler MN/DOT Detroit Lakes
ben Sieck. MN/DOT Willmar
John Tjernagle Meeker County
Allen, Well& Kandiyohi County
Guests: Roger Giese, Letty Cruoiiqulst., Dale Swanson
Willmar
Stephen Alderson, M&Lrofx,litan Council
Phil Cohen, Durenburge, office
Steve Aldorsrrti of the Tr anel,,.,r lal i,n, Planning Unit.,
Metropolitan Council was the guest Cf the lack Force• en,J
spoke on the r�4& of the Metropolitan Council aril the status
of Highway 12 in the Council Transportation Plan.
The rule of Vim Metropolitan Council is coorJinalJng and
planning. It works cl,:,sely with MN/DUT, Feder.I
transportalaon funding Ib ited to their plannir,u P.'•-,cesb.
It,* state requirae that they prepare .t Development Guide of
appro:<imately 20 vwar ap„n. Tht current plan e,tonds to the
year 2000 Still VIC' current Alin a:l,irrea in note month%. The
plan dv&s nc,1 fre-11 out what c•r wryer, action will L•w toien -
it is ,, policy plan, l,e Council prr,,,ides a procvss for
irarrkinq highway nar.l% ,tat is uniquely its own and Jxtfvrwnt
from it,e MN/DO1 iankrnu p, ocess Metro Counr it ie Lred to
devel nwe„t - MN,DDT U., tl,e highway st,ucture
Tire timpt,"Ae f„r tlw T. anspor tat ,-n, Flan begins wi it, a
preliminary •Raft. It, rnrc m,ttrt 1, rile Regional Transportatiun
rvatJ hx,t ni,tviv d.•vc. 10 r.,mment The TAC her, ninety days
to tomment Pu[•lic h,•aringr, will take plate in April or
May.
H ullwav 1� i, m, Ita• Jurisdictnn, of Meltc.J."litan
CourlriL"en Dir•I: deVrier. and Dottie f(letarl. They should be
c on to( ted
0ne of the major values of transportation planning is
control of urban sprawl. If too much highway capacity is
allowed, populat4pn will "bleed" into rural areas. Planning
attempts to contain metro population in the urban area.
The current. Metropolitan Council Transportation Plan treats
Highway 12 as if there will be little change in its traffic
count. in the future. However the COynCil'8 compu Ler data
base far 2010 shows major congestion.
Alciorson discussed highway classification%. Higtmay 12 and
its connections to 394 displays all op Lions from a "show
type freeway" to "e:cpressway" to "rural highway with access
to if.e highway". Highway 12 is classified as a major
arterial and is not up to their desired desicto standards.
Tl,e amount of truck traffic will affect its priority. It
need, to be an adequate comu"ercial highway.
The Task Force was cautionmd that the Council has a fear of
highway projects that will principally benefit developers.
Whcri the Task Force hab input and review vppartunities We
will be able to present. economic impacts. Aldorson
indirated the Council would recognize the econort.ic
requcrments of the non -metro area.
The yuest.ior, wars raised of the impact of $94 on Highway 12.
Aldorsori c-bserved that if capacity was not allowed to e>pE.nd
west, de 'eloprnc•nt will be held close to the highway. He
advised that the Council mould not see the retir,nale of
4-lame to the Wright County border.
Queried on the development. potential of the corridor,
Aldorton responded, "yea, Lhere's a lot. It's une of the
hotl.,-at. ccrrridor%." He.• „bserved there was a free labor
meriet., aiid that sh,uld cause- lots more Ueve-1 opment and ImAs
imire jobs on the corridor that are not reflWtted It, planning
now.
While Metro Cwuncil ranking "plays the nunibci= yam, Uhl, ten
tho,it+and Let on Htrihway I:'1 should have fheir share. "'
When ..siv,; al,wut Hlohwav :')2 i:, the plan, tic iiidicutf-d in.
crnproveme-TJ% are anficipat Wd WWSL wf (ha•A.athe plan
assume> lanes althou51h thvie is a 4-1ane stretch 4.
Glencoe He t•: plerrod that Mien, Council plmam�rs had
fought I,, 1. e: et• the project alive until MN/bUt ranLn,q
pr ore+;•s r.,is- it 1... a fundirry levr:l. Wow MN/001, th, Mti
C,•urir il, the L.,unty ,-nd thra.- tit tes are tundina 11.v
Environmenlel Impact SLateme•nt.
"If we d.rn't star) cif:"l ing tunditiq tw•lp fr.ar lire f,el6a
tf•nc f . f , tt,-v Ipaojr-t•A W. n,I q.•1 1undi,'i "
Rekn'ry er nl at i vt• Wel I as.$e.l huw the Urbitn See vi to Area
bouildry is establli:4.ed.
Aldorsvn elxplained that planners tale enough land into the
Urban Service, Area to allow Development - piojc•cttny all
aspects. The need is for gaud land to meet. ILI,c nerds of
growth to the end of the century &lid 'abouttert years beyond
- and still not ellcouraga urbart sprawl. Sewers and
transportation are the major considerations.
The OLl'uracy of Metro Council predictions is correct to
about 1% in urban areas, S% in counties.
Aldurson told the group that policy would nc•t be used to
frustrate attempts such as ours - it might ,just be silent.
He indicated a need to hear from the "Other
folks".CRepiese•ntal Ives of the Hennepin CQut.ty Cities of
Orono, Maple Play ,ng Lake and IndpendenLe were unable to
uttered the meetin;
Phil Cohen of Senator Oureriburger''s office reu,irtdr,l us that
we're thf- largest and potentially the strur.yle,,t rvaliLioi in
the t.tat.e and suy_lested we have the Scott. County group tprvu-
and shuw us !.Heir video.
He advised that we not fight amorinj ourselves for a limited
nunl,er of Hig:iway 1s111. He sugopsted we puton umbrella uver
all of the coalitions and sect: adequate funding fur hiwhway
c Ol1%t l�UL t i c.n .
C.l doe -sure soid "you understand you, issuet:. but lfor you]
like evwryone e,s.,, the muney isn't there '
"1f the !ar'grr bureacracy uint respond, w!,at do you do^
t. •.'�:,I toolititnts find wnvs, to fund things. Construction
dtlla.a dr, lved locally Lsuch as ta>. increment fin�'.,cingl.
Study wh�,t. some o1heis have donr•.11I
There will be dollar-. spent on Highway 12 "
A hlorson was eckad if there was a volw fnr thc• MetrnpoLjt.an
Ct_,.cjl in the Curridor Study from Wayzata to Maple Plain.
He re%poirded that there was a rile
The Metropolitan Cuunril has a b_Yn fund to I'uv l,•re.1 to
pr Ut �.rL foi higfiwny purput:em all.'-, an Olfjcl:•3 mal- hub bWwn
rv,a rfP
> 6 final stigo, trin waL that Wrr mvet. wl if. am l St. i of.* r
S4.,• I,-..ie The what tlw
"st at „lile rl." ha.•a t.:• say
Th. 1 sV F.. a-ce will be put on If,.: Het i opol l tan Gnnl[ i l
11.n1nn1 Ill.l. ,red rorvni,unitet funs. ma nil ai it•tl ,.c W. tontine 1•,
.n •rl. (,n Hlfhw rr 1.• nnl•rovtm.:.nl
cjv
"f'rojec t.s dirt m-,vrr furward h..ve broad support".
Notes:
Mark Eernardson, Orono City Administrator will be in touch
with District 5 to get an estimate on the cost of the
preliminary plan and the process that is necessary with
MN/DOT. He also suggested that we tall, to Representative
Welle about- the Greater Minnesota Corporation and whether
their interest in development will allow them to be a
partner in the up. -front costs.
(1) reference to issue developed at Third Northstar
Workshop. We have a copy of the document which includes
"Public/Private Part.nershp in Transportation"
I,gw12 9/2/E:7
HIGHWAY 12 MEETING AT ORONO
CITY OFFICIALS AND MN/UOI
Prinicpal speakers:
MN/DD1
Bill Crawford
Paul Keranen
Jim Povich
City of Orono
Mark Bernardscui, City administrator
City of Maple Plain
Jeff Walton, Mayor
Sen. Duienburger's Staff
Cohen
Bernardson: reconstruction and new route for 12 are rears
in the future, but a determination should be made of the new
route and possible interim improvements .
Crawford: vhe impact of the Carlson Development on both
population and traffic ou the 12 curridor is already
visable, is driving it upward.
The 20 year plan shows capacity improvements in mid-1990's,
but money Is a)ready identified for 394, 610, Hiawatha
Expressway, f;shak.opee By-pass and to add capacity to 494.
Projects sl billion in ditrict til year 2000.
TH12 will compete with 10 in Anoka County, 212 to Eaen
Prarie and the Shakopee By-pass - all in project development
phase - some in design phase.
Participation by local units of quvernrnent and private
interests is actually being used to finarue cunstruction.
Carlson Parkway used federal, primary Mate aid highway
funds, tax increment financing by the City of Minnetonka,
plus participatiun by Carlson.
Keranen: Cities on the 212 corridur are jointly funding the
Environmental Impact Staement with MN/DOT participating with
half. They are 5loirr4 through the official map process,
using money from the Metro Council. They will be paid bact.
out of highway funds when the highway Is built.
CCrawlord gut testy on the failure of MVET transfer).
Crawford: "Look at it as an opportunity. You')) get
development pressure... t:eep up with "band -aids" til larger
funding iue.ues are resolved. The opportunity is here to
throaden your tax hase - and you rat, r antrol the
development."
The level of federal parttrrpatr-on on US TH lie 7t,%.
Whatkind of traffic counts will open access to federal
funds?
A. 10,000.
Q. Ident .i f yi rig the appropri at route is the first. step.
What kind of funding is available to do that? Who
approves it?
A. Commissioner Levine does not want us to work on projects
where funding is not identified.
2 cities and the county signed a bonding bill for $2
million loan to MN/DOT for the final design work on 210.
The Scott County Transportation Coalition is making
s.milar efforts on the Bloomington Ferrry bridge and the
Shakopee By -Pass.
Crawford: Can the conmui.it.ies put together a "carrot" for
the Commissioner?. I don't have the staff or resources to
put on preliminary design work.
Q. Those priects with design work done have a leg up when
the money becomes available?
A. "Oh, yes!" MegaMall money is being advanced to MN/DOT
at no interest. -
Pernardson: if we have to do this, it may have to be
corridor -lung participation.
LA discussion of the stop light at. 12 and Willow in Long
Lake surfaced and discussion wandered for a while]
Jeff Walton: Describe a "carrot." for us
MN/DOT: 1. Fund the EIS:t
2. Project design loan
3. Fund the corridor study and official map process
Lwith an advisory group of local gout officials]
Q. What is the cost [of $]"
A. approx a2.50,000.00
Q. Can you [local units of coot] bond?
A. yes, Bloomington, Eden Praire and Brooklyn Park , for
&,.ample The money comes backwhen the pro,lectis
constructed , but. M!J/DOT doe, n,d pay back the interest
on the bonds.
Cohen: "The Scott County group used LCongressmau] Weber.
Work with the 12 group. It has the potential of being
the largest [coalition working now]. The Fedt may get
out of the gan tax business and lit the states collet
c!irectly." Llt will shorten the turn around time and
give the states greater control ever the to,. funds.]
Br•rnhardson: We need to ;it down wi t.t. MIJ/DOT and becc-me
familiar with their process - and get an estimate of if*
cost. of the CIS.
hearing
MEETING NOTICE
Highway 12 Corridor Task Force
Tuesday, October 27, 1987
Willmar Chamber Office 7:00 p.m.
Members of the Task Force:
The Highway 12 Corridor Task Force organized about eighteen
months ago after a hearing before the House Transportation
committee. The Legislators directed us to work together to
further our efforts. We took their advice and have made
substantial progress since then - with the exception of our
impact on the legislators in our respective districts.
The House Transportation Co:smittee will hold a public hearing in
Willmar at Willmar Technical Institute Administration Building
Fourplex [Rooms 314 to 323] at 2:00 p.m. on Tuesday, November 3
and at Ortonville earlier in the day. They're coming back - and
there is definite interest in hearing about more highways and
economic development.
1 have a sense of urgency and real concern about this meeting. I
heard from the committee staff person [and at each of three
meetings I have attended on t:snsportation recentl)] that
legislators say they arc• no.`. hearing from constituents about
highway funding or hi• improvement. it is becoming
increasingly evident that 'ore we can make progress on funding
for Highway 12, we must I at join other coalitions around the
state in convincing the legislature that the state must provide
adequate funding for highways' Otherwise, we will find ourselves
fighting over progressively diminishing resources.
The Task Force is called to meet by Chairman Dean Schluter on
Tuesday, October 27, at 7:00 p.m. Our priority for this meeting
will be preparation for the hearing. Each of you is asked to
bring a draft of testimony that you will present at the hearing
in Ortonville or Willmar. We also need to organize each of our
communities to bring a delegation representing private citizens,
business and development representatives, and local government
officials. This is an important opportunity for us. It is
urgent that we call on the legislature for adequate and stable
highway funding and continue to make the tie between
transportation and development.
Sincerely,
, /� t. m. J,., i ,
rakl. SER
Cm fF ram
m
nua V. r
Cm AOQrft'u'ItMltlr
1 Army 1997 - lm APAIL IM
'87 SM - 1987 Council strategic Planning
Short Term Objective
A1a21 fW. Ail (6IH.9Tv6
1. Ca nity Development _--�
Mighmay 12
'87 570 A. Caprehensive Plan Aacndncnt E2
(51,87)
Approve I edmmt 12
sutmission to Met Council
B. Task Force to upgrade
Receive back Eras Met Council
Zmirg Awralments
- Draft
- phoning Cmmmissim
eaaideratim
- Council consideration
Begatfatima m Militias
(long lake-NediM)
Final plan approval
Mnitor ptmgress
187 SW Navarre P elopwnt
(Commence 2/87) Generate broader interest
Initiate Goel/Objective
Setting praass
uwFr 4/28/87
6/01/87
7/91/87
8/19/87
9/99/8]
la/a6/87
11/93/87
Y1988 S !IUS
5/11/87 TAWed to 6/22/87
Adopted 6/22/87
6/12/67 19/6/97 cirremi ly finalizing
anticipate 11/19 sudissitn
9/11/87
6/5/87
Currently being drafted
7/6187
8/18/87
ar_na
9/28M
Ongoing
9/2/87 aeeting held Oman sc,u 1/
M DOf
1staff/heet staff sg
M: Cotidaselection poce,s
6/W/a.
.B/29/87 basineoses eat on Cry 15
improvements/diacussad passible
tenWatim
7/19/67
&gaga consultants
- Plamiig
to be determined
(aAI Adam
Bikey6
Dtm
6mt
I. C.ity Devtkop t (Copt.)
'87 M Co ty 15 Development
(C. 2/87)
Determine desired
6/3e/87
1¢al acmpanyin9
inprwements
Determine/9&dget
8/28/87
Caacil Pfesentaticn 14/26/87 to
for 1¢a1 slate
present initial rto rdatic s
11/21/87
Mevi. final plans
10/39/87
T7 be presented 11/21/87
C® a castruction
5/1/88
187 M Storm Water Mvugament
(Cam . 2/87) Plan
Adoption of
9/1/87
VOID plan reviewed by staff
Minmehds Creek
suggestions submitted 5/27/87
Water Shed Plan
IOVD meting 7/22/'.'7 reviewed
by KCD
changes
N= meting 8/12/87 adapted
18/1/87 ra and revised copy of
ION gents due 12/12/87
Develop schedule for
11/1/87
Orono's plan
'67 S'N Caumvppnity Transportation Plan
(C®ense 2/87)
2. fhvirasental Protection
'87 S70 Stubbs Bay
Cmplete reads aeussemnt
8/87
(Caplets evalwti. 4/97)
Project feasibility
11/87
Determie asseasent area
12/87
mtereat
If Appropriate
- Project consideration
2/86
- Project bid
6/88
- CavWrae project
6/88
- Assess project
8/88 m 8/69
- Complete project
6/89
NET a AREA
2. Atviramental Protection (cont.)
Crystal nay
3. onganizatioal reeelopeent
1988 Caurcil Coal Setting
1988 Budget Pr Qas
Finalize project 7/87 Project Clue out tabled to
6/8/87
Mayne appeal tantatleely settled
5/29/67 finalized 8/24/87
Clued out 6/8/87
C. 7/87 10/7/67 eaeting held
8otaitting prcpo.ed Plan 11/9/07
Complete 10/87
Assessment Board of Review
Budget process education
Budget Adoption
1988 Legislative Prgram Complete
'87 830 Complete liquor sale Clue final payment
4B7 Stu lncreax 3rdluence/Cooperatim
with ct:. r gme[raental wits
Reevaluate use of
Planning C®isaion
betemiu areas fm
cceperaticrvinflmrce
imprmeaent
oetermine goals in sse. of
C®an concern
Outline of Current
C issian responsibilities
Prcputls for my
irereased usage
5-6/87 Completed 5/13/87
6-0/87 field 7/9/87
initial Meeting Set 9/27/87
9/28/87
Budget/Mill leey set 9/28/91
12/87
8uizitting prcf+osed pe gt. 11/9/87
6/30./87
Sale Closing rnPleted 6/1/87
Cuapleted final seller tranaaction 6/11/87
fil prim
M Statement/Bonus 6/23/87
5/67
Maft doeueene W Cavell
6/22/57 - 7/13/B7
6/97
Adopted 7/28; 87
7/07
8/07
1. 9erviR Delivery
'81 = Facilities Study Appointeent of m Ultant
(1-fi/Bll fm space study
•
Ccletim of span Rudy.
Detemimtim aE met Rep
in proem
'87 S La Range Finn ial Policy
Draft Pnliey to Cwneil
(5/81)
cn a it adgaim
Golf Cwr2
Develop a of W imss
strategy
anle Cmttol
E .Il to pralra
5. P.n Feswrws
Cagcnsatim
cnvpira le eci adJiat is
Develapent - Perfcnm.
Basel pay system
6. t keting
Camounity Informtim/
myor'a mticld
meesletter
L aimtim of systm
mm St31T19
5/87 Tecled to 6/22/87
Ta Iml to 2/13/V
Caeoil llipmed Und "king Study
9/1S/6'1
Cone Il Selected 9/24; 87
i k plan adopted 9/IB.'V
9/87
1S/81
6/Bl
7/82
2/87
8/8y
4/82 Initiated CSD progtan to t nlle
9/28/87 adopted emti.a vn 1988
bud et. &tended service to Leg
lake/Spring Park.Minrctnna Be�19B8
ongoing
8/87 e/24/81 evaloatim c .ted.
myors's mucle formt to continue
to B/88 fat mxt eva._rtim
LIST OF LICENSES FOR COUNCIL APPROVAL
FOR MEETING OF November 9, 1987
No licenses
CITY OF ORONO P A Y R
EM�yv&,I" FA?i., %�. ✓-�''% Y-T-D . - - - - - -
L-NO NAME DIV GROSS GROSS E%P/ALLOW
ANDERSON BL 31 30315.90 1353.92
BERNHARDSO ME 12 41452.92 1928.40
BOBZIEN
SA
31
18273.99
823.17
BOSMA
JL
12
8400.83
370.80
BREIMHORST
WH
31
877.SO
130.00
BRINKMAUS
JF
42
29274.37
1349.03
C'HESWICK
GB
31
30451.61
1376,72
CORNICK
JL
31
24175.77
1134.06
DENNESON
RJ
35
2067.03
160.30
ELDER
JA
35
425.85
0.00
ENGLISH 11
IH
31
E7PI3.99
1107.97
ERICKSON
DJ
93
4.55
0.00
ERICKSON
KR
31
3s 5.80
1376
-.e
FICHENICH
DT
31
10178.44
1105.16
FRITZLER
JM
31
29361.28
12`2.62
GAFFRON
MP
33
24829.02
1129.04
GERHARDSON
JR
42
34302.83
1559.84
GREGORY
JO
42
24009.80
1037,26
MALLIN
OM
12
21169.64
562.64
HANSEN
SC
42
20944.
62
931.28
HANSING
CJ
31
9352.76
389
13
HOOGENAKKE
JE
31
558.60
39.00
JACOBS
TJ
33
24834.62
1129.04
JOHNSON
BP
31
3041T.97
1471,71
KILBO
MH
31
34981.94
1590.T2
KIRNYCZUK
M
31
14523.16
529.35
KNOTT
MJ
33
3409.00
0.00
KNUTSON
CA
15
1T133.46
791.84
KUEHN
TM
15
33541.08
1525
20
LINDSTROM
DJ
93
0.00
0.00
MABUSTM
JA
33
29054.66
1321.20
MIKELSON
RA
15
16069.56
750.
00
MILLS JR
WH
93
208.26
0
00
MORAN
MF
31
32142.50
1906.50
MOROWCZYNS
J
31
30056.
71
1267,94
MROSS
FT
61
17993.87
901.44
MARE
TL
12
16639,24
744.88
OAS
DO
93
1284
75
0
00
OMAN
LE
33
19510.
75
883
44
PETERSON
PL
12
9775.35
4S7.
30
PETERSON
RW
93
1991.25
0.00
PETRAN
JC
33
398.00
0.00
DUAST
WA
92
22689.18
983
S2
ROSS
JA
93
2825
22
0
00
SASS
JJ
42
21684
88
931
29
SCHAUSS
CR
31
561
38
581
38
SKREEN
DS
42
21064,07
934
41
SMITH
JR
92
2232t.64
964
41
STEFFENHAG
RE
93
22904.
34
1041
52
STILES
RC
61
3090
00
400
00
THOMTON
MR
31
20557
33
1006
71
CITY OF ORONO P A Y R i
Y-T-D • - - - - - -
EMPL-NO NAME DIV GROSS GROSS EXP/ALLOY
TOMCHECK LF 31 21957.47 1064.32
TOMCZYK MU 31 28706.71 1354.60
UALSH KL 31 50.00 0.00
COUNT GRAND 44,018.60 5
PAID 00044
TOTAL 00054 TOTAL
TOTAL FICA TAX GROSS m 23,760.90 EMPLOYERS FICA
A m GROUP HEALTH
B w PHYSICIAN'S HEALTH PLAN
C a BLUE CROSS/BLUE SHIELD
D m MEDICAL CENTER PLAN
E - PRUDENTIAL
F - COORD. HEALTH CARE
G w MINNESOTA HMO
H m TRANS-AMERICA OCC.
I w BANKERS LIFE
J m M11TUAL SERVICES
K w MUTUAL OF OMAHA
L w EMPLOYEE'S BENEFIT
M m AETNA
N m NICOLLET E1TEL
0 m LEAGUE OF CITIES
P = METROPOLITAN HEALTH PLAN
0 a SHARE
Z = HEALTH CARE MAINT ACCT.
MISSING HOSP CODE FOR SOME EMPL'S
_ 1987 CITY
OF ORONO
CNECN REGISTER
11-09-97 PAGE
CHECK NO
DATE
AMOUNT
VENDOR
ITEM DESCRIPTION
ACCOUNT NO INV
0 P 0 0 MESSAGE
3t1003
11/04/67
25.00
ATOM
MEETING
01-O3S6-129-31
BE JO
•o•••
...-rA5
313006
II/OS/87
S4.86
ACRO-MINME60TA INC
OFFICE SUPPLIES
01-4910-039-12
313006
it/OS/87
22.11
ACRO-MINIISSOTA INC
OFFICE SUPPLIES
01-4216-059-14
313006
ll/OS/iT
112.12
ACRO-MINNESOTA INC
OFFICE SUPPLIES
01-4210-069-11-
313006
11/OS/67
45.97
ACRO-MINNESOTA INC
OFFICE SUPPLIES
61-6110-It9-31
" 313006
11/05/67
t&. 79
ACRO-MINNESOTA INC
OFFICE SUPPLIES
01-4210-174-11
313006
11/05/87
t2.12
ACMO-MINNESOTA INC
OFFICE SUPPLIES
01-4210-2.9-A2
III IT
313010
11/05/87
I7.t6
AT&T !MFG SYSTEM
MAINT OFFICE SUPPL
O1-9340-039-12
` 313010
I1/OS/B7
17.86
AT&T INFO SYSTEM
MAINT OFFICE SUPPL
01-9390-059-14
313010
11/05/BT
17.96
AT&T INFO SYSTEM
MAINT OFFICE SUPPL
01-&360-669-IS
313010
111"1117
t3.90
AT&T INFO SYSTEM
MAINT OFFICE SUPPL
01-4340-It9-31
313010
11/95/67
17.n
AT&T INFO SYSTEM
MAINT OFFICE SUPPL
01-4340-174-33
- 313010
ll/05/87
I7.26
AT&T INFO SYSTEM
MAINT OFFICE 9UPPL
01-4340-249-42
109.90
313030
11,05/87
10.65
AT A T INFO SYSTEM
TELEPHONE
01-4326-175-34
313036
il/OS/67
10.65
AT 6 T INFO SYSTEM
TELEPHONE
014X0-1TS-3S
'• 3t3030
I"OS/9T
10.65-
AT 6 T INFO SYSTEM
TELEPHONE
61-4320-ITS-3S
10.65
- 313031
11/O9187
6.06
AT 6 T COMM
TELEPHONE
01-6320-639-12
313031
11/05/8T
T.t6
AT 6 T COMM
TEL +ONE
91-4320-1t9-31
313031
1t195187
16.f6
AT 6 T COMM
TELEPHONE
01-&3L6-1l1-]1
313031
11/05/97
6.96
AT 6 T COMM
TELEPHONE
61-AXO-It1-]1
36.76
313034
11/04/87
36.89
ANCHOR PAPER
OFFICE SUPPLIES
91-4210-079-1t
• 313034
11/04/87
2.17
ANCHOR PAPER
OFFICE SUPPLIES
11-4210-059-14
-+ 313034
11/04/87
l.lT
ANCHOR PAPER
OFFICE SUPPLIES
01-4210-069-15
313034
11/04/67
169.t&
ANCHOR PAPER
OFFICE SUPPLIES
01-4210-17I-33
313034
II/01/87
6.51
ANCHOR PAPER
OFFICE SUPPLIES
O1-4210-249-92
•
tiT.88
313063
11/04/07
N96
ARMOR LOCK
MAINT MISC EQUIP
014312-099-17
48.00
313069
11/04/67
6.48
BLITZ ONE MR FOTO
OFFICE SUPPLIES
01-0210-129-31
6.R 6
1987 CITY
OF ORONO
CHECK NO
DATE
313070
11/44/07
313070
11/04/E7
313074
11/04/67
' 313079
11/09/61
313074
11/09/ST
313074
11/04/87
' 313079
11/04/s7
- 313079
11/04/87
313007
I1/OS/87
313098
11/04/87
-' 313111
11/09/87
313128
11/04/67
313131
11/04/67
- 313131
11/04167
313183
11/05/87
•• 313143
11/05/87
313143
11/45/97
- 313193
11/05,67
313143
I V05/oT
313143
11/OS/97
313143
11/os/87
313143
11/05,67
.• 313163
11/05/41T
'- 313143
11/05/67
313143
11/05/87
CHECK
RECISTER
AMOUNT
VEND"
ITEM DESCRIPTION
1.720.50
BOARMAN {
ASSOCIATES
SPACE STUDY
245.50
SOARMN {
ASSOCIATES
SPAM STUDY
1,966.00
e`e.TE
NONEBT4100
ROSENE
ASH
ENE C011SULT AUG
596.31
SONESTR00
ROGERS
ABM
INC 6EAL COAT
31E,00
DONESTR00
ROSENE
AS%
ENC CONSULT AUG
1,051.
TS
SONESTR00
ROSENE
A5.4
ING CONSULT AM
I65
26
BONESTROO
ROGERS
Ash
ENG SEAL COAT
6183S.10
SONESTR00
ROGERS
AON
EMG CONSULT AUG
9, U3.
99
11-09-87 PAGE 2
ACCOUNT NO INV 0 P.O. 0 MESSAGE
15-63.6-650-00
IS-9399-V30-00
01-434IS-till-91
01-4309-291-42
01-9305-e49-4e
01 0305-840-71
e3-636S-3116-00
e5-4305-43e-00
Se5.e5 BURY S CARLSON INC STREET MAINT MAT 01-4233-269-6e
SAS. tS
TTT. 11 CARGILL SALT UTIL SYS MAINT SVPP. 72-0230-569-91
TTT I1 •
7.00
CNESYICD/CART
MEETINGS
01-9356-109-31
7,00
•
266.66
CONCEPT MICROFILM
OTHER
CONSULTING
01-0306-039-12
ess.9f
•
307.
To
C010KRCIAL BLDG
MNT
JANITORIAL OCT
01-4309-099-17
e68.60
COMIIENCIAL BLDG
MY
JANITORIAL OCT
01-0349-IRS-21
656.30
/.SS
COFIIERCIAL LIFE
INS
LIFE
INS NOV
51-615e-639-12
e.TO
COIRIERCIAL LIFE
INS
LIFE
INS NOV
4I-41 St-669-15
e.70
COMMERCIAL LIFE
INS
LIFE
INS NOV
OI-6152-1e1-31
3.60
WO CIAL LIFE
INS
LIFE
INS NOV
41-415E-126-31
9.90
CDIM[RCIAL LIFE
INS
LIFE
INS NOV
1"190-189-01
3.60
CONIOCIAL LIFE
I48
LIFE
INS NOV
01M1110-1TA-33
6.40
11NI1 CIAL LIFE
S
LIFE
INS NOW
01-615e-u9-AE
_
-.90
COMMERCIAL. LIFE
INS
LIFE
INS NOW
61-915E-896-61
.70
COIRiRC1AL LIFE
INS
LIFE
INS NOV
7E-815E-569-91
1.50
COlR1E0CIAl LIFE
INS
LIFE
INS NOV
73-615E-649-92
.90
COMMERCIAL LIFE
INS
LIFE
INS MY
7{-61 SB-Sf0-f7
36.00
1987 CITY
OF ORONO
CHECK REGISTER
11-09-67 PACE 3
CNECk N0.
DATE
AMOUNT
VENOM
ITEM DESCRIPTION
ACCOUNT NO INV.
9 P.O. 9 MESSAGE
III
... u.
...-CK8
313251
11/04/67
365.90
CATEVAY SAFETY PC.I
EQUIP PARTS
01-6839-17S-36
365.00
.
......
.... CKB
313272
T7/00/89
271.97
C 6 K SERVICES
CLOTHING
61-0291-199-02
313272
I1/04/97
21.20
G G K SERVICES
BLDG MINT SUPPL
01-0831-099-17
313272
11/04/87
79.00
G 6 K SERVICES
BLOC RAINT NPR
01-9231-1H-31
31327E
11/04/87
16.79
C 6 K SERVICE$
CLOTHING
78-0881-569-91
313272
11/04/67
25.18
G 6 9 SERVICES
CLOTHING
7]-6l21-SN-1[
3132T2
11/04/87
62.00
C 0 K SERVICES
CLOTHING
76-1[[1-590-93
469.24
.
.•...•
...-CKS
31327S
11/04/87
330.20
GROW HEALTH IHC
HOW INS NOV
01-61S1-I81-31
313275
11/04/87
600.75
CROW HEALTH INC
HOSP INS NOV
01-9151-1[9-31
313275
11/04/87
69.
65
GROW HEALTH INC
NOSP INS NOV
01-0151-170-]]
-'
313ETS
11104/87
166.00
GROUP HEALTH INC
NOSP INS NOV
74-0151-SIO-93
966.60
..
......
....CKS
313297
11/04/67
385.00
HENN CTY CHIEFS PTAC
SCHOOLS
01-6356-tH-31
305.00
.
I,.
•.....
...-CKS
I
313103
11/06/07
2.071.77
HEM CTY FIN p[Y
JAIL CHARGES SEPT
01-0750-000-16
le
2.071.77
.
•....•
.•. -CKS
313308
11/04/87
196.08
HEM CTY SHERIiF OPT
JAIL CHARGES
H-9359-060-16
116.96
.
w......
...-CKS
313330
11/69/87
81.96
ICU RETRN CORP
ICU 10/19 TO 11/1
01-. 90-039-12
313330
11/04/07
81.96
ICU RETRIINT CORP
ICU t0/5 TO 10/10
01-6140-839-12
t63.98
_..
.
,.
•....♦
•..-CKS
3t3350
11/00N7
9.90
INTL INST-14I1011 CLUB
BOONS
01-0890-I85-35
5.09
.
•.....
_ __'-.___..
__-__._____.
•.-CKS
•-
313363
11_/04/87
3/.64
TOR JACOBS
MILEAGE
Ot-4391-17Id3
30.60
.
•.....
...-CKS
i1997 CITY OF ORONO
CHECK NO. DATE AMOUNT
313385 11/05/87 16.56
I. 16.56
CHECK REGISTER
NENOOR ITEM DESCRIPTION
KEAVEMYS DRUG OFFICE BYPPLIE8
313389 11/04/87 13.09 RILEO-KELVIN
1.- - 13.99 A _- _
A A
313397
11/04/8T
56.4E
"
313397
11/04/07
36.11
313397
11/04/87
14.00
`
31339T
11/04/87
16.43
183.04
313400
11/04/67
45.6E
AS
62
i
313461
ll/OS/OT
45.
00
313401
11/65/OT
45.00
I -
90.
00 .
313404
11/04/87
104.42
31340.
I1/04/e7
-_. 15.14
313404
.1/04/GT
ET.N
146.00
313435
11/05/87 -
- -- 91.64
313435
11/05/87
485.10
313435
11/0S/83
224.51
-
31343S
11/OS/8T
IW
31
-
313435
11/05/61
809.
72
-
313435
II/0S/$7
414.40
313435
11/OS/87 -----
-- 49.55
-'
313435
II/CS/67
73.
31
313435
11/0S/87
65.35
31343S
11/OS/ST
15.83
-
313435
11/OS/B7
109.96
-
313435
11/OS/87
96.
06
-
313435
11/o5/BT
--R70.S4
-
11.447.31
.
4.44u
�+•�
,1
71N77
_t1/N/IT
19.•17.TS
1f61T3E
l "
NYR1M1-TXONAS
RYdN-THOMAS
KUFHN-THUEN-TOMAS
OM AB
KUSTOM ELECTRONICS
LABOR RELATIONS ASSN
LABOR RELATIONS ASSN
THE LAMER
THE LAMER
THE LAMER
MEET7IME
GM_COIF -TRIL OCT
NILEYE OCT
NILKAEE OCT
11ILEAGE OCT--
MINT NIOC EMIR _
CONFERENCE
CONFERENCE
PUBLISHING
PUBLISHING
PUBLISHING
41-69-67 PAGE 4
ACCOUNT N0. IMV. 0 P.O. 0 MESSAGE
01-4E10-174-33
41-4356-129-31
51-4301-069-/5
0t-43E1-969-ID
41-4N1-1 T4-33
73-4341-SGV-99
61-474E-129-31
61-4356-639-12
61- 54-129-31
01-4382-174-33
01-43E1-241-42
01-432E-290-61
.... CKS
....CHO
•.•-[ka
LOGS/SUITE
320
RUT OR EQUIP
61-4340-669-15
L0GIS/8UITE
320
MAT HP 165
61-4340-129-31
LOCIS/SURE
320
LOCIS ADMIN SEPT
51-4352-069-15
LOGIS/SUITE
320
LOGIS ADAIR SEPT
01-4352-129-31
LOGIS/SUITE
320
DATA PROC SEPT
01-4355-069-IS
LOGIS/SUITE
320
DATA PROC SEPT
01-4355-129-31
LOCIS/SUITE
320
DATA PROC SEPT
41-43SS-174-33
LOGIS/SUITE
320
RUT DP EQUIP
7E-4340-549-91
LOGIS/SUITE
320
LOCI$ ADMIN SEPT
72-4352-549-91
LOGIS/SUITE
320
DATA FROG SEPT
72-4355-549-91
LOC16/SUITE
320
RUT OF EQUIP
73-4340-S69-92
LOGIS/BUTTE
320
LOCIS AMIN SEPT
73-43SE-569-92
LOGI6/SUITE
320
DATA PROC SEPT
73-4355-569-92
CITY OF LONG LYE4TH
1111111 ►TER PROTECT
H-4315-130-32
1987 CITY
OF ORONO
CHECK REGISTER
11-09-47 PACE S
CHECK NO
DATE
AMOUNT
VENDOR
ITEM DESCRIPTION
ACCOUNT N0. INV
• P.O. • M[SMGE
313439
II/04/87
10. AS
LONG LK FORD TRACTOR
MINT MISC EQUIP
01-4142-290-61
10.45
... r..
...-Cue313979
11/OS/87
4.67T.Ta
METRO WASTE CONTROL
OCT CN44CES
01-2226-000-00
51397V
11/05/87
1s.._7aa_Ta
METRO WASTE CONTROL
NOV SERVICE
73-1282-000-00
_
- 99,41a.47
......
-� _
...-CMS
313.80
11/05/67
11 t.l7
MIDWEST A2PHALT
TREET MAINT :UPPL
01-4233-249-42
SIf. a7 .
r r.rr.
....CMS
313990
II/OS/87
1.10
MIMNECASCO
UTILITIES
01-4324-019-17
313490
11/05/87
16.37
MINNEGASCO
UTILITIES
01-4324-129-31
-
313490
11/05/87
I91.05
MINMEGASCO
UTILITIES
72-4324-50-91
313490
11/CS/87
1.15
MINNEGASCO
UTILITIES
73-4324-569-92
IS9.71 .
11/05/07
T.SS
MN BENEFIT ASSN
LIFE INS
01-4152 1-31
.
•rr...
....CMS
313M99
11/05/8T
IS.00
MINN CITY NONNT ASSN
MCMA MEMBERSHIP
01-4380-039-12
35,66 .
..-.r.
....CMS
313517
11/S!/a7
IQCaa
HIM STATE BD -HEALTH
OTHER CONSULTING
72-4306-549-91
1aa.a&
313525
11/6/a7
1,167.14
MINN VD FUND
UC-EIMEMBERC
71-4154-515-90
313525
111464T------riQ:at—'�
-'-MIW 0C rim------UCM6061AN
T1-I1S4-515-90
'
a.wT.aB
'.e
313592
I1/SS/!7
484.76
"UNITECH INC
MINT "I= .AIN
7E-a745-949-01
— --
...-CMS
(
31354S---11/a5n7
-
al Aa
99.10
BAVAINK AUTO ft"AIR
MAINS AOTO
61M341-IT4-33
L S•
H.N.
...-CMS
1967 CITY OF ORONO
l CHECK NO DATE
313S98
11/05/87
' 313S98
II/0S/87
313516
11/05/87
313596
11 /05/87
313S98
11/05,87
313548
I1/05/87
313518
11/OS/ST
313598
11/05/87
313548
11/05/87
- 313S48
11/05/87
313S98
11/05/87
313552 11/05/87
313559
11/OS/87
313SSS
11/OS/87
313539
11,95187
313S59
11/OS/07
313559
I1/OS/0T
313559
tl/6S/87
313559
II/OS/BT
313559
11,05,87
111561 11/05/87
oo••
313S66
11/05/87
' 313568
11/OS/87
- 313566
1$/OS/87
313568
11/OS/87
-- 313568
Ii/05/B7
313568
It/OSA7
-' 313568
11/05/6.
- 313568
11/OS/87
31356E
I1/OS/BT
313568
11/OS/07
- 313568
11/OS/87
313566
11/05/07
- 313568
I1/11S/87
+ 313568
11/05/67
CHECK REGISTER
AMOUNT
VENDOR
ITEM
DESCRIP11C'
60.
01
NAVARRE
HARDWARE
EQUIP
PARTS
2.89
NAVARRF
HARDWARE
EQUIP
PARTS
16.55
NAVARRE
HARDWARE
EQUIP
PARTS
13.
39
NAVARRE
HARDWARE
EQUIP
PARTS
.]0
NAVARRE
HARDWARE
MAINT
AUTO
19.7E
NAVARRE
HARDWARE
MAINT
EQUIP
39.27
NAVARRE
HARDWARE
MAINT
EQUIP
I5.51
NAVARRE
HARDWARE
MAINT
SLOGS
22,28
NAVARRE
HARDWARE
EQUIP
PARTS
35.
96
NAVARRE
HARDWARE
EQUIP
PARTS
t9.
91
NAVARRE
HARDWARE
EQUIP
PARTS
230.11
10. 52 TERI PAID MILEAGE
10. 52 •
11-09-87 PAGE 6
ACCOUNT NO INV 0 P.0 0 MESSAGE
01-9232-129-31
01-9232-1.<-33
01-9232-249-92
01-9232-290-61
01-4341-129-31
01-4342-249-42
01-4342-990-61
01-4343-290-61
72-9832-S99-91
73-9232-569-92
74-9232-590-93
01-4381-174-33
21,4
31
NSP
UTILITIES
01-9329-099-1?
191.
TO
NSP
UTILITIES
01-9329-129-31
2.so
N8P
UTILITIES
Ot-1320-ITS-31
166.
86
NV
UTILITIES
01-9321-249-92
10.
90
NSP
UTILITIES
01-4324-290-61
1,278.49
NSP
- -
- UTILITIES
TB-9329-599-91
587.
75
NSP
UTILITIES
73-9329-569-92
50.10
NSP
UTILITIES
79-9329-590-93
2.S00.69
•
-- --"--
-
"
12.
93
NORTH STY
_--
EQUIP PARTS
61-9832-299-.2
12
0
54.94
- NORTHUESTERN
BELL
TELEPHONE
Ot-1320-039-12
54.04
NORTHWESTERN
BELL
TELEPHONE
01-1320-059-19
27.42
NORTHWESTERN
BELL
TELEPHONE
01-4320-069-IS
130.1E
NORTHWESTERN
BELL
TELEPHONE
01-9329-129-31
61.51
NORTHWESTERN
SELL
TELEPHONE
01-1320-129-3t
51.84
NORTNWESTERM
BELL
TELEPHONE
01-4320-174-33
71.E0
NORTHWESTERN
BELL
TELEPHONE
01-9320-175-39
51.09
NORTHWESTERN
BELL
TELEPHONE
01-9320-299-92
21.66
MORTHWESTERN
BELL
TELEFHONE
72-9320-599-91
16.96
NORTHWESTERN
BELL
TELEPHONE
72-4320-599-91
38.69
NORTHWESTERN
BELL
TELEPHONE
73-4390-569-92
16_05
NORTHWESTERN
BELL
TELEPHONE
73-4380-569-92
" 115.s0-
NORTHWESTERN
SELL
TELEPHONE
71-4320-990-93
105.00
NORTHWESTERN
SELL
TELEPHONE
79-9323-590-93
807.37 -
.... CRS
1987 CITY OF ORONO CHECK REGISTER 11-09-P7 PAGE I
CHECK N0. DATE AMOUNT VENDOR ITEM DESCRIPTIGN ACCOUNT N0. INV • P 0 6 MFSSALE
313597
11/US/B7
67
92
313597
11/05/87
1.33
313597
11/05/87
2.93
3T3597
11105/6T
108.77
313S97
11/05/87
11.20
313597
11/05/87
1,335.60
313597
11/05,87
S2.
ee
313S97
11/05/87
397.
99
313597
11/65/87
995.
E6
313597
11/05/67
227
09
313597
11/05,87
C09.
92
31M97
11/05/87
61.70
313S97
11/05/87
59.91
313597
11/05/67
82
90
313597
11/05/87
66
30-
393597
1,105/61
66
30
313597
11/05/67
66.
30
3,125
33
31361J 11/OS/87
006•
313621
11/09/67
3136el
n/e5/87
313621
11/OS/ST
3136e1
11/65/67
3136e1
11/06/eT
3136ei
1 /es/67
313621
l ees/eT
313621
11/Os/8T
117521
11/05/87
7175l1
11/99/97
5.00
5.00
1 ,095.Se
602.55
2T0.55
97 76,3
E7
270. 55
669.00
01.SS
82
91 82
62,73
4.523.83
PUBLIC EMPL NET ASSN
PUBLIC EMPL NET ASSN
PUBLIC EMPL RET ASSN
PUBLIC EMPL MET ASSN
PUBLIC EMPL RET At"
PUBLIC EMPL NET ASSN
PUBLIC EMPL RET ASS"
PUBLIC EMPL PET ASSN
PUBLIC EMPL NET ASSN
PUBLIC EMPL RET ASSN
PUBLIC EMPL NET ASSN
PUBLIC EMPL SET ASSN
PUBLIC EMPL SET ASSN
PUBLIC EMPL NET ASSN
PUBLIC EMPL NET A95H
PUBLIC EMPL ACT ASSN
PUBLIC EWL PET ASSN
PERRYS TRUCK REPAIR
PHYSICIANS HEALTH
PHYSICIANS HEALTH
PHYSICIANS HEALTH
PHYSICIANS HEALTH
PHYSICIANS HEALTH
PHYSICIANS HEALTH
PHYSICIANS HEALTH
PHYSICIANS HEALTH
PHYSICIANS HEALTH
PHYSICIANS HEALTH
PENA 10/5 TO 10/10
PENA 1015 TO 10/18
PENA 10/5 TO 10/18
PENA 10/5 TO 10/18
PENA 10/5 TO 10/18
PENA 10/5 TO WIG
PERA 10/5 TO 10/18
'ERA 10/5 TO 10118
PENA 10/5 TO 10118
PENA 10/5 TO 10118
PENA 10/5 TO 10/15
PENA 16/C T� 10116
PENA 10/5 TO 10/10
PENA 10/S TO 10/16
PENA 10/5 TO 10.18
PENA 10/5 TO 10/te
PENA 10/5 TO 10/18
01-41.1-639-12
01-4141-040-13
01-A191-659-19
01-9161-069-15
01-9191-899-17
Ot-9191-111-31
01-i191-I15-31
01-A141-121-31
01-9191-IE6-31
01-4141-174-33
01-9191-219-92
01-4141-210-61
72-4141-549-11
73-4141-569-92
74-11A1-590-63
99-1191-590-93
'9-61I1-590-13
11AINT AUTO 01-4341-249-42
HEALTH
INS
NOV
01-3872-000-00
HEALTH
INS
NOV
01-4151-039-12
HEALTH
INS
NOV
01-4151-969-15
HEALTH
INS
NOV
01-4151-126-31
HEALTH
INS
NOV
01-4151-1CS-31
HEALTH
INS
NOW
01-41SI-179-33
HEALTH
INS
NOV
01-9151-211-92
HEALTH
INS
NOV
01-4151-290-61
HEALTH
INS
NOV
:2-41SI-541-11
HEALTH
INS
NUV
73-I151-561-92
31362E
11/e5/E7
782,71
POPHAM NAIN
6 ASSOC
LEGAL
RETAINER AUG
01-9301-080-16
313628
lite"7
6,972.50
POPHAM
MAIN
S ASSOC
LEGAL
PROSECUT AUG
01-4302-080-16
313628
Illos/67
9,2W
30
POPHAM
NAIN
S ASSOC
LEGAL
CONSULT
AUG
01-4303-090-16
3136eS
11/OS/S7
e79.00
POPHAM
MAIN
S ASSOC
LEGAL
CONSULT
AUG
01-4303-129-31
313626
11,05/97
21.00
POPHAM
MAIN
S ASSOC
LEGAL
CONSULT
AUG
01-4303-174-33
313628
WWII?
236.00
POPHAM
MAIN
S ASSOC
LEGAL
CONSULT
AUG
01-4303-249-42
313628
11/05/49
269.52
POPHM
NAIN
S ASSOC
LECAL
CONSULT
AUG
01-4303-999-61
313628
11/05/87
603.33
POPHAM
MAIN
A ASSOC
LEGAL
CONSULT
AM
01-4303-840-71
3136e8
11/05/07
55.e0
POPHAM
MAIL
S ASSOC
LEGAL
CONSULT
AUG
29-4399-901-06
313688
11/OS/JT
178.35
POPHAM
MAIN
S ASSOC
- LEGAL
CONSULT
AM
29-5399-905-00
313628
11/05/97
30.75
POPHAM
MAIN
A ASSOC
LEGAL
COIIBULT
AM
29-9399-913-00
313628
11/05/87
169.60
POPHAM
NAIN
S Assoc
LEGAL
CONSULT
AUG
25-9303-932-00
313628
11/05/87
90.66
POPHAM
HAIK
6 ASSOC
LLM
CONSULT
AUG
73-9303-569-92
14,027.46
1987 CITY
Of ORONO
CNECN N0,
DATE
313641
11/05/87
-
313643
11/05/87
313643
11/05/87
313643
II/OS/07
313683
11/05/87
'
313683
11/OS/87
313683
11/OS/87
313660
11/05/8r
313660
11/05/07
--
313660
11/Os/87
313695
11/OS/87
l Ur11
11/05/87
313719
11/04/87
•-
313796
I1/OS/87
313796
1"OS/ei
313796
1 V95/87
3t3r96
11/05/87
s
�
317110
11/Os/8T
-'
313919
11/0S/87
CHECK REGISTER
11-09-87 PALE 9
AMOUNT
VENDOR
ITEM DESCRIPTIO..
ACCOUNT MO INV
6 P 0 6 ME60A9E
...-C98
e15.36
PRO VOLVO SHC TRUCKS
MAINT AUTO
01-0301-249-42
E15.36
.
...-CM9
5.00
PRUDENTIAL
LIFE INS NOV
61-4151-249-4e
e
..
PRUDENTIAL
LIFE INS NOV
91-415e-031-1e
11.61
PRUDENTIAL
LIFE INS NOV
61-415e-669-IS
6.ee
PRIIeMTtAL
LIFE INS NOV
01-0152-196-31
49.00
MUOENTiK
LIFE INS NOV
01-41Se-199-31
e.00
PRUDENTIAL
LIFE INS NOV
61-41U-174-33
72.75
.
...-CM9
71.50
ORLIN REDEPEMING
KAINT CEOUNOS
01-0343-129-31
3e.90
ORLIN R631EPOIM
MINT GROUW$
01-4343-810-61
96.so
ORLIN R[D[TlMlNG
MAINT GROUNDS
79-4303-SIO-13
200.00
.
...-CMS
3.18
_ "me Ron=
MAINT MISC EQUIP
01-43Ie-24/-42
3
18.
.... CN9
Is.OY
STATE-M WaTEMTII
M GUIDE WON
01-4240-669-15
I5.60
.
...-CM6
60.06
DIEIE PETRO-CMEN
UTIL SYs (MINT SIRPL
7e-K31-51/-11
.0.00
...-CND
eS./5
MIFORIM UNLIMITED
CLOTHING
01-ee21-191d1
30.00
MIFOH67-DIL➢ r m --
CLOTHING
61-0921-126-31
1.06e.65
MIFMNS UNLIMITED
CLOTHIM
61-82e1-tC9-31
Ill."
IMIFORMUIL110170
CLOTHING
61-ete1-177-30
1.183.55
.
- ----
---- --- -..
00.-CKS
66.5E
INS WEST CELLULAR INC
TELEPHONE
61-4396-Ie/-31
66.5E
.
u.-CMS
57.0E
UNDO SAFETY PROD
-EMIT PARTS
01-0239-129-31
ST.
02 .
•
1987 CITY
Of ORONO
CHM MISTER
CHECK NO
DATE
AMOUNT
VEMEM
ITN EEKRIBTION
'
]t1e26
tI/OS/87
106.29
WLOOR OYBIP
UTIL BYS MINT
•
108.29
313875
11/0SrS7
4.18
ELECTRIC
UTILITIES
6.16
.
11-09-07 PAGE 9
ACCOUNT NO INV 0 P 0 • MESSAGE
•rr-CKS
13-4234-56Y-92
01-0324-249-42
313901
11/05/8--
E.030.00_
LEE NIETLLE_ _
FALL CLEAN UP
01-4346-249-42
9.930.90
313902
11/05/87
3,"S.00
NIEYERT TOP NEC
LAND IMPROVEMENTS
12-9511-399-00
3,6t9.60
- 313903
11/04/87
0_00
BOR7ATPRINTS
OFFICE SUPPLIES
01-4210-129-31
4.40
—
311904
11/04/87
11.85
EXPRESS MESSENGER
POSTAGE
01-4321-069-15
/1.BS
313905
11/05,67
313.00
CITY GOLDEN VALLEY
COMP WORTH MAINT FEE
01-4306-299-12
313.06
•
••••••
6E.1537.61
FUND 01 TOTAL
GENERAL FUND
31 Bt9.00
FUND 1t TOTAL
PARK FUND
1.966.00
FUND 15 TOTAL
OUILDMG CAPITAL OUTLAY
F
-.
165.06
FUND 23 TOTAL
MUNIC STATE AID CONS FUN
,.
t56.E0
FUND 29 TOTAL
PERM IMPROVE REVOLVING
F
T. OOT.
10
FUND t5 TOTAL
1905 (NPR OVEMEMY .0
a,"T.00
FUND TI TOTAL
LIQUOR OPERATING FUND
-
3,152.41
FUND It TOTAL
WATER OPERATING FUND
IT.. E65.19
ilRm 73 TOTAL
BENEN OPERATING FL....
06B.21
FUND TO TOT"
GOLF COURSE OPERATING
FP
..
9B.7T7.TB
MAL
u•-CNS
( CrZc n.- ,t
PUBLIC ATTENDANCE
CITY OF ORONO
MEETING DATE 1/ 9 -ri
PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS.
NAME OR NUMBER
NAME (plaaae print) ADDRESS PRESENT FOR (from agenda)
3. ie e :.
S. Z
�.
Llazaw a, 5 7
/S
S. -
z/
9. < Z t t
,�bL'�('�I
o. Y LV RDS
3�45 �csrvi�upiTtxN f
#/
;; t�r
1. fCir elA1AlU Ke"q
44.,a e,rcc AE
7�q4
LWTYEN
-
3. S, r, 4�
dAM
S. c)AW /LCA44:0
v fvn
_i
9.
PUBLIC ATTENDANCE
CITY OF ORONO
MEETING DATE 1 !Ir
PLEASE FILL. OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS.
NAME OR NUMBER
NAME (pl"80 prink) ADDRESS PRESENT FOR (from agenda)
3.
1.
5.
6.
7.
8.
9.
C.
1.
I.
3.
1.
5.
6.
7.
S.
9.
0.
PUBLIC ATTENDANCE
CITY OF ORONO
MEETING DATEr% -( 7
PLEASE FILL OUT THL 1' OSIKATION REQUESTED BELOW FOR OUR CITY RECORDS.
NAME OR NUMBER
NAME (please print) i.DDRESS PRESENT FOR (from agenda)
2.A
7
5.
6.
7.
8.
9.
0.
1.
2.
3.
4.
5.
6.
7.
8.
9.
0.
I nfo ryl a+ i on
Z +r.,o,yl s
I (A Loo��"
o�
f
City of ORONO
RESOLUTION OF TM, C:TV "UNCIL
NO.
1.0
RESOLUTION Oe CONGRATULATIONS
WHEREAS, thr: City of Orono is a municipal organization
under the laws of the State of Minnesr'a• ,nd
WHEREAS, the City of Orono enjcys recognizing the
outstanding achievements of its Citizens and their organizations;
and
WHEREAS, the Mi.. 'n,uta Twins have proven themselves t�
be individulas with great ability, who have through their
teamwork displayed themselves as a championship team; and
WHEREAS, their outstanding performance against the St.
Louis Cardinals demonstrated this excellence; and
WHEREAS, Tom Brunansky is an Orono resident; and
WHEREAS, Tom Brunansky's superior play during the World
Series was a k_y to the team's success.
NOW TR::REFORE BE IT RESOLVED, that the Vnr�ratle Mayor
James Gr_ne' Councilmemters Bill Rine, J. D' Goetten,
Barbara Peterson and Edward Callahan, on behalf o he City 07
Orono, ite staff an<t citizens recognize Tom Br!;.ya^ v and th,
linnesota Twins for thstr efforts anti c,ngratulate a job
well done in the wq•'+ series against the St. Louis 1
Adopted by the City Councilof the City or: Or
Minnesota at a regular Council meeting held on the 26th d.
Octrber, 1987,
ATTEST: James R. Grabs!
Dorothy a `alms, . i ty-,;Tir . -- -
Metropolitan Council
f. QIII 300 Metro Square Building
Seventh and Robert Streets
�mP St. Paul, Minnesota 55101
Telephone (612) 291-6359
No -der 4, 1987
IL'I� 77-1
TOt Metropolitan Area Local Elected Officals
Autumn is rapidly approaching and abort it will again be time for the annual
aeries of the Metropolitan Cou-:cil Chair's regional meetings.
These meetings have been held by Council chairs since 1975 and provide an
opportunity for you to hear about the issues the Metropolitan Council is
dealing with, as well as an opportunity to express your concerns and ideas
at,--t the Couno'1 and Its work.
I would like to discuss with you the Council's priority protects for next
year, and some of the m'tropoli n issues we thi-,c th• 1e3islature may address
In 1988. Most of the meeting, h- -ever, will be devote. u your thoughts about
what you think we're doing right, what we're doing wrong and what we should be
doing in the future.
We will be holding at least one breakfast meeting in each county. The South.
Hennepin County meeting will be held on Wednesday, November 180 at the Holiday
Inn, 1201 West 9hth St t, Bloomington, We'll meet for a Dutch treat
breakfast at - ..m.
I look for. .eeing you and othe- public ifficials from South Hennepin
County at t.. ,.fast meeting. Please RSVP i Rosemarie Coleman at 291-6630.
Sincerely
� /c k j -
Steve Keefe - ;, � - A
Chair, Metrapo.itast Council
-J
cc: County nistrators and City Manae..
A. Eaw1 b '. mnr Emn�or•.
NINLoM Or
TEE PLANNING COMMISSt," MEETING REM OCTOBER 19. 1987
ATTENDANCE 704
P.N.
The Orono Planning r »mission met on the above date with
the following mem.. — present: Chairman Kelley,
Johnson, Hanson, and Cohen. Brown arrived at 7:08 P.M.
Bellows arrived at 7:16 P.M. Taylor was absent. The
following represented the City staff: Building 6 Zoning
Administrator Mabusth, Assistant Planning 6 Zoning
Administrator Gaffron, and -:ity Recorder Peterson.
Councilmember Sime was also p^esent.
91203 JOEN LERMESER
i ROBE MADDEN
320/350 CREBTVIEM
AVENUE
NUEDIVISION OF
A LOT LINE REARRANGEMENT
PUBLIC RNARING
7tO4-7s07
The Affidavit of Publication . 1 Certificate of Mailing
were noted.
John Lehmeyer and Rose Madden were present for this
matter.
Assistant Zoning Administrator Gaffron explained the
request to revise boundaries between 320 and 350
Crestview Avenue. Mr. Lehmeyer is proposing to acquire
a 40 foor portion of Mrs. Madden's property, thereby
slightly increasing the size of his lot and slightly
decreasing her lot size.
Mr. Lehmeyer explained the reason for acquiring the
additional property is to create an access to the back
of his property for well maintenance, etc.
There were no comments from the public regarding this
matter and the public hearing was closed.
It was moved by Cohen, seconded by Hanson, to recommend
approval per staff recommendation. Motion, Ayes 4, Nays
0.
91212 PAUL ROTES
793/795 NORTE PEpD11LB ROAD
NUEDIVIN7rW or A LOT LINE REARRANGEMENT
PON•'C A.:aRIMG 7:29-7s33
The Affidavit of Publication and Certificate of Mailing
were noted.
Assistant Zo-Ing Admini -ator Gaffron noted that
applicants ar out of town ,.nd cannot be present but
have requested Planning Commission review this
application in their absence. Gaffron explained the
requ-ct for subdivision of a lot line rearrangement to
accommodate eristing driveway location. Two options (H-
1 and 11-2) submitted by staff that would accomplish
applicant's -:pose. Staff recommends layout option H-
1.
MINUTES OP TER PLANNING COMMISSION MEETING NEW OCTOBER 19, 1987
91212 BUYER CONTINUED
There were no comments from the public regarding this
matter and the public hearing was closed.
It was moved by Chairman Kelley, seconded by Johnson, to
recomraend approval of layout H-1 amending it to provide
a straight northward lot line west of Outlot A instead
of a curved lot line. Motion, Ayes 6, Nays 0.
91214 RICH = EIMINSEI
1095 NORTH BROWN ROAD
PRELIMINARY SUBDIVISION
PUBLIC SLAKING 7 04-7 06
Tne Affidavit of Publication and Certificate of Mailing
were noted.
Richard Ziminski was present for this matter.
Zoning Administrator Mabusth explai..ed the request for a
2 lot subdivision of applicant's homestead property
totalling 6.2 acres. 1.5 acres will be dedicated as
County and City road right-of-way; Lot 1 with existing
house is proposed at approximately 2.6 acres; Lot 2
propo• 1 at approximately 2.1 acres. Mabusth stated
that t .exact location of existing septic it not yet
known. Staff recommends approval subject to
determination of septic location prior to Council
review.
Bellows felt that the application should be tabled
pending septic location in order to alleviate problems
with the subdivision.
Richard Ziminski stated he knows the approximate
location of the septic system.
Chairman Kelley agreed that the actual facts must be
known prior to recommendation to Council.
There were no comments from the public regarding this
matter and the public hearing was closed.
It was moved by Cohen, seconded by Bellows, to table the
application pending determination of septic location.
Motion, Ayes 5, Nays 1. Johnson voted nay because he
agreed with staff recommendation.
e
MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 19, 1987
1643 BRUCE I. CAMILLE CURTISS
19*4 FRAGERNR,;S POINT ROAD
RECOII: ERATION OF VARIANCE APPLICATION
Zoning Administrator Mabusth explained the location of
the fence and property stak,,s, noting that approximately
3-1/2 sections of fence are located out in the read
right-of-way and about 3 sections of fence are located
within 75' of lake. Mabusth noted a petition submitted
by applicants signed by neighbors approving the fence;
a letter from Camille Curtiss explaining the hardship;
and a letter from David and Vicki Slavik, 1913 Fagerness
Point Road stating they have no objection to the fence.
Bruce and Camille Curtiss were present for this matter.
Bellows stated that at first review there was a very
_.ear direction to install a turnaround, that was
ignored, and a fence installed subsequently, and felt
hardpressed that this should be continued and
reconsidered. She felt there was no unique hardship to
allow the 6' fence and recommended the installation of
the turnaround for safety.
Chairman Kelley agreed with Bellows and recommended a 3-
1/2' fence along the entire lot line even if it
encroaches into the 0-15' area.
Camille Curtiss stated that they need a fe ce for safety
for her children, and because the area next to the road
is the only area for family functions, they would
appreciate a 6' high fence for privacy. Regarding the
turnaround, she stated that it was a misunderst..nding
that it was required and have no objections to
installing the turnaround.
Cohen also felt that only a 3-7/2' fence should be
allowed.
Vicki Slavik, 1913 Fagerness Point Road, stated that
Fagerness Point Road is a very dange.ous road for
children and therefore agrees with the need for a 6'
fence for safety.
Chairman Kelley recommended the use of plantings for
additional screening with a 3-1/2' fence.
Bruce Curtiss stated that he felt issues have been lost
since the review years a;o. He stated that the fence
was brought up in that review but no mention is made of
.t in the minutes. He stated that he checked with
Zoning Aeministrator Mabusth when he started to
construct the fence and was told that the fence was not
a prof I e;n. grow, a year later, the fence is a problem.
MINUTES
OP THE PLANNING COMMISSIOA NESTING HEIR OCTOBER 19, 1997
#643 CURTISS
CONTINUED
Bruce Curtiss noted that their back yard is so small,
the only place to have a family function is on the side
of the road and felt a 6' fence was needed for privacy.
Regarding the turnaround, he understood that he had
approval of the turnaround, but it was not mandatory.
He also noted that there are problems to be solved
before the turnaround is installed i.e. is it on City
property, and if so, who will maintain it.
Zoning Administrator Mabusth noted that the road is in
fact on the Curtiss property and the Public works
Director is going to review the matter.
Johnson felt that the location of road was not the issue
before them.
It was moved by Chairman Kelley, seconded by Bellows, to
recommend a 3-1/2' high fence located along the lot line
(off of the City right-of-way) and within 75' lakeshore
acceptable. Motion, Ayes 6, Rays 0.
Bruce Curtiss requested documentation in the minutes
that it was brought to the City's attention the matter
regarding the position of property/road corner.
1984 JOs SHNCEOE
6105 URTEE'1'ONN RW1D
VARIANCE
CONTINUATION
OF PUBLIC HERRING 7:08-7:26
The Affidavit of Publication and Certificate of Mailing
were noted.
Joe and Pam Sawchuk were present for this matter.
Assistant Zoning Administrator Gaffron explained the
request for side setback variances to construct a horse
barn 10-20' from the side lot line where 75' 1:! nnrm.1 ly
required. Absent any adequate justification for a sido
setback variance, staff recommends that the 75' setback
be adhered to.
Chairman Kelley asked applicant why the barn cr^not be
located 75' from the side lot lines.
Joe Sawchuk stated that the location of the barn as
proposed would provide easier accessibility from the
house, especially during the winter; and easier access
to existing electicity lines. He noted that if barn
were placed 75' from the lot line, it would be located
in the center of his property and he would not be able
to see the horses from the house because of trees. He
also noted the drainfield location is east of the
MINUTES OP TEN PLANNING COOMSSION MEETING NEW OCTOBER 19, 1987
8984 BANCSUR CONTINUED
proposed barn location and if 75' setback is required,
the barn would also have to placed more south and
further from the house.
Mr. 6 Mrs. Mike Plank, 4145 Watertown Road, adjacent
property owners were present for this matter. Mrs.
Plank felt that applicant had plenty of property to
maintain the required 75' setback. Mike Plank noted
concern with drainage from the barn and corral run-off
onto his property.
It was noted that an existing drainage problem currently
exists from Watertown Road that the City is aware of.
Assistant Zoning Administrator Gaffron suggested a
vegetation barrrier to protect the Plank property,
however could not make an actual recommendation on the
drainage at this time.
Joe Sawchuk stated that he is working on re-routing the
drainage.
There were no other comments and the public hearing was
closed.
Planning Commission felt the 75' side setba0 .ld be
maintained and that existing drainageways be .. kned and
kept open to accommodate drainage. In addition, it was
recommended that Sawchuk and Plank talk to the City
Conrcil regarding the Watertown Road drainage problem.
It was moved by Chairman Kelley, seconded by Cohen, to
recommend denial of the request for a side setback
variance. Motion, Ayes 6, Nays 0.
0168 RICHARD G.
2095 CASCO POINT ROAD
VARIANCBB
CONTINUATION OF PUBLIC SEARING 8:03-8.05
Mrs. Helstrom was present for this matter.
Assistant Zoning Administrator Gaffron explained the
revised proposal which provides a deck space more in
keeping with the Planning Commission's desire to
minimize encroachment into the average lakeshore setback
and minimize view encroachment, yet allow applicant to
replace the originally existing deck with a similar non -
obtrusive deck. The revised deck plan will encoroach
the average lakeshore setback by 12' as opposed to the
original plan for a 25' encroachment. Staff recommends
approval of the revised plan subject to removal of 168
s.f. of patio hardcover in order to meet the 45.7% 75-
250' hardcover originally proposed.
MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 19, 1987
11169 BELSTROM CONTINUED
There were no comments from the public regarding this
matter and the public hearing was closed.
Brown felt that approval of the application would not be
consistent with average setback standards.
Mrs. Helstrom noted that an B' wide rotted deck
previously existed and was removed last year. The
proposal consists of an additional 6' encroachment in
average lakeshore setback than what previously existed.
Johnson felt that the revised plan was an improvement
from the the original plan and recommended approval.
Cohen agreed with Johnson.
it was moved by Cohen, seconded by Johnson, to recommend
approval per staff recommendation. Motio,,, Ayes 6, Nays
0.
11169 YEAR PARTNERSHIP ENTERPRISES
OLD CRYSTAL BAY ROAD AND WATERTOWN ROAD
CLASS III SUBDIVISION
PRELIMINARY SUBDIVISION
SECOND REVIEW
Bill wear was present for this matter.
Zoning Administrator Mabusth reviewed the revised 6 lot
subdivision.
It was moved by Cohen, seconded by Brown, to recommend
approval of the preliminary subdivision per staff
recommendation. Motion; Ayes 6, Nays 0.
Bellows voiced concern with a subdivision requiring all
mound systems.
11199 RICHARD 4 GAY BELLY
425 OXFORD ROAD
VARIANCE
C7.VTINUATION OF PUBLIC HEARING 8:19-6s35
Richard s Gay Kelly were pre `. for this matter.
Zoning Administrator Mabusth reviewed the request for a
setback variance to construct a new residence 65' in
front of the average lakeshore setback line. Letters
from the two adjacent affected property owners have
been recieved: Arthur Burton, 40S Oxford Road request
that the proposed residence be placed 1S feet closer to
Oxford Road to eliminate encroachment of privacy and
view; Melvin 6 011ie Peterson, 475 Oxford Road are
opposed to the proposal.
6
WIIFJTES OY THE PLAHRIRG COMMISSION lBETIRG HELD OCTOBSR 19, 1987
11199 BELLY CONT1NOW
011ie Peterson, 47� Oxfore Road, was present and felt
the house should be no further forward than the average
lakeshore setback line. She did not feel the loss of a
few trees was an adequate hardship to approve this
variance, noting that they had to remove trees also.
Richard Kelly stated that placing the house further back
would require removal of many mature trees. He noted
that the shoreline dramatically angles away from the
house and does not believe the Peterson's view would be
obstructed by the house due to the angle of shoreline.
He also noted that if the house is moved back it would
require a mound system instead of the trench system
already designed. He stated that looking at the
property, the proposed location of the house was very
obvious because of the planting arran<-mrni ±tr. and is
requesting to place the new house wi,tre the previous
house existed, and felt a compromise could he made.
Johnson did not feel that placement of the entire house
in front of the average lakeshore setback was a
reasonable compromise.
There were no other comments and the public hearing was
closed.
Bellows agreed with Johnson noting the Planning
Commission has seen no attempt to revise the plan in an
attempt of compromise.
It was move' by Bellows, seconded by Cohen, to recommend
denial of variance as proposed. Motion, Ayes 6,
Hays 0.
11204 ORONO COMMUNITY CHURCH
770 OLD CRYSTAL RAY ROAD
REVISED CONKERCIAL SITE PLAN REVIEW
Gary Connell was present representing the Orono
Community Church.
Zoning Administrator Mabustt. explained the revised site
plan which eliminates Phases 2-5. Staff finds no
problem with Phase 1, however, several conditions are
incomplete.
Gary Connell stated that they have every intention
developing the property to a level of acceptance by the
City. They have not been able to proceed with
development du.� to financial reasons.
Zoning Administrator Mabusth noted that the Church may
not be able to submit a letter of credit to assure that
the work will be completed.
MINUTES OF THE PLBNNING COMMISSION MEETING HELD OCTOBER 19, 1987
1120. ORONO COMMUNITY CHURCH CONTINUED
Bellows noted that this was reviewed as a commercial
site plan which requires very stringent considerations
in terms of landscaping, etc. She felt this was a very
sensitive property in which the City should determine
what must be done. She - feel sufficient site
plan documentation has b, ced in order to make a
recommendation and, the ..mended tabling the
application.
It was moved by Bellows, ny Hanson, to table
this applicant pending ac nformation. Motion,
Ayes 6, Nays 0.
Zoning Administrator Mabusth e: pldined the additional
request by the Pusy Beaver Day Care and their dilemma in
which Vineyard of the Lake Church did not extend their
lease until their new building is completed. They have
io relocate by November 1, 1987 and request a
conditional use permit for day care use in the Orono
Community Church. However, staff cannot legally approve
this use without the required public hearing, Planning
Commission review, and Council approval which cannot be
accomplished any sooner than. November 23, 1987. Staff
has made the necessary inspections. There is the
consideration of continuing day care for many children.
Staff recommends allowing the use followed by review of
an after -the -fact conditional use permit but waive
penalt fee finding Mrs. Cici's problems were created by
circumstances out of her control and in consideration of
her longstanding reputation within the community.
Mrv. Cici was present for this matter.
Gary Connell noted that leasing the Church to Busy
Beaver Day Care was part of their plan to raise money to
complete their development.
Planning Commission unanimously approved staff's
recommendation.
#1205 ROBERT MAXFIELD
4175 NORTH SHORE DRIVE
RENEWAL VARIANCE
PUBLIC BEARING 8:39-8:40
The Affidavit of Publication and Certificate of Mailing
were noted.
Staff recommends approval of the -enewal variance
applicat '.on of Robert Maxfield finding no chanties in the
factual findings of the first approval such approval is
subject to conditions set forth in ^,-,Iution 02079.
MINUTES OF THE PIANMING COMMISSION MEETING BRID OCTOBER 1', 1987
41205 MA.�IRLD CONTINUED
?here were no comments from the public regarding this
matter and the public hearing was closed.
It was moved by Chairman Kelley, seconded by Bellows, to
recommend approval of the renewal variance per staff
recommendation. Motion, Ayes 6, Nays 0.
41206 RAVINE C. PERRY
2693 BELLY AVREUE
VARIANCE
PUBLIC gRARING 0t41-6:42
The Affidavit of Publication and Certificate of Mailing
were noted.
Katherine Perry was present For this matter.
Assistant Zoning Administrator Gaffron explained the
request for a 3' side street setback variance to
construct a screen porch with deck above. He noted that
the main reason requiring the variance is because this
is a corner lot.
There were no comments from the public regarding this
matter and the public hearing was closed.
it was moved by Hanson, seconded by Johnson, to
recommend approval per staff recommendation. Motion,
Ayes 6, Nays 0.
41207 GENE 4 CATHERINE 5 �NLOY
2815 CASCO POINT ROAD
VARIANCE
PUP'SC BRARIRG
The Affidavit of Publication and Certificate of Ma:ling
were noted.
Zo. ng Administrator Mabusth stated that applicant has
requested that this application be tabled due to
illness.
There were no comments from the public regarding this
matter.
It was moved by Cohen, seconded by Hanson, to table this
application and continue the public hearing until the
November 16, 1987 Planning Commission meeting. Motion.
Ayes 6, Nays 0.
NINUTRB OF TEE PLANNING COMMISSION MEETING RRM OCTOBER 19, 1987
11200 NICE = SAYLER
1990 WATER AVOUR
VARIAMM
PUBLIC FARING 0:44-8=45
The r.ffidevit of Publication and Certificate of Mailing
were not-d.
..ichael Sayler was present for this matter.
Assistant Zoning Administrator Gaffron explained the
request for a side setback variance to construct a 4'x
6' entr;way porch on the front of the applice^t's
residence.
There we: io comments from the public regarding this
matter an< ne public hearing was closed.
It wis moved by Johnson, seconded by Cohen, to recommend
approval ;er staff recommendation. Motion, Ayes 6, Mays
0..
1.209 TINA MUTE
.SO PRONP20r ^.VRIM
AWANCE
PUBLIC HEARING 8i46-StS2
The iffid%vts of Publication and Certificate of Mailing
were note
Assists.. --ning Administrator Gaffron explained the
request for. -.hick variance to construct a gunroom
8.4' from tv ic`. line.
Tina white w., :-ecent for this matter and explained
that she is r?questing to replace an existing
dilapidated porch with no footings with a purchased
Pella glass sunroom. The existing porch is 12.4' from
the side lot linu, and the sunroom happens to be larger
requiring the additional variance. She stated that the
hardship involves not being able +, move the house and
the need to replace the porch w is also the main
entrance to the house. She note- :tat they plan to do
the work next spring.
There were no comments from the public regarding this
matter and the public hearing % a closea.
Bellows felt additional information regarding ",e
existing interior design :nd layout of house and
proposed addition was necessary to make a
recommendation.
I: was moved by Hanson, recorded by Bellows, to table
this application pending additional information.
Motion, Ayes 6, Hays 0.
10
MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 19, 1987
#1210 CHARLES JONES
3129 CASCO CIRCLE
CONDITIONAL USE PERMIT
PUBLIC HEARING 8:53-9:12
The Affidavit of Publication and Certificate of trailing
were noted.
Zoi ng Administrator Mabusth explained the request for
mu -iple variances with the current conditional use
pe t application for a guest house and/or a proposed
ft subdivision. The guest house would encroach the
av ye lakeshore setback by approximately 48'.
Charles Jones was present for this matter and stated he
understood the average lakeshore setback however, felt
that the adjacen'_ tennis court should be considered when
determining thf: average lakeshore setback because it
creates a lakcview obstacle for adjacent residence
structures. Fegarding a future subdivision, he felt
there were two future buildable lots.
Staff finds that proposed I.ot 2 is severely rest. cted
Ly the location of the adjacent residence structure on
the lot to the immediate north.
Planning Commission did not feel that there were two
future buildable lots. however, the issue before the
Plannirg Commis,3ion at this time is replacing the guest
house.
Chairman Kelley asked applicant if he was prepared to
invest in replacing the guest house with the knowledge
that a future 3 lot subdivision may be denied.
Mr. Jones acknowleged that he is prepared for that
possibility.
Chairman Kelley recommended approval of replacing the
existing quest house within its same footprint with a
detached garage if it meets the standards, no attached
garage? allowed.
,rchnson felt additional information regarding
elevations, type of structure et.c. was needed.
Hanson noted his concern of dealing with a variance
request that would not be appropriate should the
property be subdivided.
Brown noted his concern with the density on a lot with
a width problem.
11
MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 19, 1987
#1210 JONES CONTINUED
Attorney Bruce Thompson was present representing the
adjacent neighbor, James Howard of 3127 Casco Poin`_
Road. Ile felt that the application wa+; incomllete
finding no elevations, type of structure etc. At this
point, they objected to the proposal. In addition, he
recommended a newer more accurate survey be done.
There were no other comments from the public
It. was moved by Chairman Kelley, seconded by Johnson, to
recommend denial of the average lakeshore setback and
lot width variances as proposed.
Char.es Jones requested that this application be tabled
for additional information.
Chairman Kelley withdrew his motion.
It was moved by Chairman Kelley, seconded by ichnson, to
table this application per applicant's request pending
additional information. Motion, Ayes 6, Nays 0.
It was noted for applicant that the 6 member Planning
Commission strongly disapproved of the proposal based on
the density.
#1211 GERALD NESLUI�D
1225 ORONO OAKS DRIVE
CONDITIONAL USE PEi:MIT/VARIANCE
PUBLIC: HEARING 9:20-9:24
The Affidavit of Publication and Certificate of Mailing
were n_,7ed.
Dale Ham�Iton was present representing Gerald Neslund.
Also present were the prospective buyers of the
property.
Assistant ig Administrator Gaffron explained the
request for conditional use permit and variance to
construct a driveway through a designated wetland to
serve vacant lot. He noted that the wetland is actually
larger than designated on the map. Staff recommends
approval to allow the proposed driveway location cutting
across the shortest route to gain access to the building
Site.
There were no comments from the public regarding this
matter and the public hearing was closed.
Referring to staff's condition N3 which states "Total
width of the corridor taken up by the driveway and fill
shall not exceed 35'", Dale Hamilton asked that it be
amended to read"... f i l l sha 11 avers a 35'".
12
MINUTES OF THE PUNNING COMMISSION MEETING HELD OCTOBER 19, 1987
#1211 NESLUND CONTINUED
Assistant Zoning Administrator Gaffron noted that the
request is reasonable given the nature of the site.
Hanson felt the 14' width of driveway too narrow.
Bellows concurred feeling there should be additional
shoulder for snow removal and safety.
Dale Hamilton noted that the plan does not show the
additional 3' shoulder on each side of the driveway.
Bellows recommended an accurate defined wetland should
be submitted pri;)r to Council review.
Jc,hnson did not agree that a more accurate definition of
wetland was necessary because wetlands fluctuate.
Assistant Zoning Administrator Gaffron explained the
costs involved in redefining the wetland and questioned
who would bear these costs.
It was moved by Johnson, seconded by Brown, to recommend
approval per staff recommendation subject to amending
the condition #3 as follows:
3. Proposed driveway shall be no wider than 14' at
the driving surface with 3' wide shoulder on each
side and shall maintain 3:1 slopes as proposed by
the designer. Total width of the corridor taken up
by the driveway and fill shall average 35'.
Motion, Ayes 4, Nays 2. Bellows and Kelley voted nay
because they preferred an accurate definition of the
wetlands.
#1213 ROL-LIN LACY
2655 NORTH SHORE DRIVE
VARIANCES
PUBLIC HE,IRING 9:35-9:43
Affidavit or Fablication and Certificate of Mailing
were nor-ed.
Mr. & Mrs. Rollin Lacy were present for this matter.
Zoning Administrator Mabusth explained the request for
a 20' side/street setback variance to a public easment
area with limited use to construct an attached garage;
and 75-250' hardcover variance (5.1% increase over
existing 30.1%) for additional improvements to the
existing house. She also noted that applicant pl.3ns to.
retain an existing detached garage.
Chairman Kelley found no problem with the setback
variance, out was opposed to the additional 5.1%
increase in hardcover.
13
MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 19, 1987
#1213 LACY CONTINUED
Brown felt that the additional hardcover was not
critical because the lot is so open with no structure in
front or back of house.
Rollin Lacy stated one of the hardships is the fact that
they cannot use in their hard over calculations the 33'
wide setback area along the public easement area which
is not really used, and which would considerably
decrease the hardcover and no hardcc;ver variance would
be necessary.
Bellows recommended adding
proposed attached garage
detached garage in order to
asked applicant to explain
the additional garage.
a third garage stall to the
and removing the existing
decrease the hardcover. She
the hardship for retaining
Mr. Lacy stated that additional garage was needed for
storage of additional equipment that would otherwise be
kept outside. He also noted that the proposed garage
has a second story above it and adding another stall
with house above would substantially increase his cost.
He noted that the additional hardcover involved is
merely the asphalt leading to the additional garage,
which he would rather remove than add the third attached
garage, however, would rather not..
There were no comments from the public regarding this
:natter and the public hearing was closed.
Johnson agreed with Bellows regarding addressing the
additio;ia.l garage.
Brown felt the additional hardcover would not impact the
drainage into the lake becaLse of the flat gentle sloped
area of lot.
Hanson agreed with Brown and also agreed with hardcover
hardship as explained by Mr. Lacy.
Chairman Kelley felt hardcover should be reduced.
It was moved
by Brown, seconded by
Hanson,
to
recommend
approval as proposed. Motion, Ayes 3, Nays
3.
Kelley,
Bellows, and
Johnson voted nay.
Kelley
and
Bellows
opposed the
hardcover increase.
Johnson
opposed the
proximity of
the existing garage
to the lot
line and
granting a an additional variance for
the
garage.
Motion tied.
Mr. Lacy stated as a compromise he wou l d rather remove
the driveway area to the detached garage and/or e?ck
area in order to reduce the hardcover.
14
MINUTES OF THE PLANNING COMMISSICW MEETING HELD OCTOBER 19, 1987
#1215 SMITH BAY MARINA
1955 SHORELINE DRIVE
CONDITIONAL USE PERMIT
PUBLIC HEARING 9:55-10:03
The Affidavit of Publication and Certificate of Mailing
were noted.
Woody Love was present for this matter.
Zoning Administrator Mabusth a plained the request for a
conditional use permit to install a seawall and variance
for the structure within 75 feet of the lakeshore.
Staff has not received a site plan showing the location
of the proposed seawall on the property. The City
Engineer has also recommended submission of elevations
from the lakeshore. Staff recommends tabling the
application pending additional information.
Woody Love stated that they hav , a site plan but were
not in receipt of the memo om staff requiring the
site plan for this meeting. ie also noted that they
have appeared before the LMCb, DNR, and MCWD regarding
this proposal and assured the Commission that they have
a site plan. He asked the Commission to make a
recommendation subject to the site plan being submitted
prior to Council review. He noted that all other
information requested has been submitted. He noted the
concern of time and getting the seawall in prior to the
lake freezing.
Planning Commission did not feel that they should make
recommendation without the site plan finding the
application incomplete. They added that elevations of
the seawall from the lakeshore are also required.
There were nc comments from the public regarding this
matter and thc! public hearing was closed.
It was moved by Cohen, seconded by Bellows, to table
this application pending receipt of site plan and
elevations of appropriate sections of the seawall.
Motion, Ayes 6, Nays 0.
MINUTES OF THE PLANNING COMMISSION MEETING HELD t;CTOBER 19, 1987
#1216 CLARK WINSLOW
1595 BOHNS POINT ROAD
CONDITIONAL USE PERMIT/VARIANCE
PUBLIC HEARING 10:04-10:06
The Affidavit of Publica*ion and Certificate of Mailing
were noted.
Dale Gustafson of Gustafson Design was present
representing applicant.
Zoning Administrator Mabusth explained the request for a
conditional use permit and variance to dredge a
designated wetland or, Bohns Point.
Brown voiced concern with the negative impart of this
project.
Zoning Administrator Mabusth stated that it will effect
the assimulative capacity in the beginning, however, the
scope of the application is very small.
There were no comments from the public regarding Lhis
matter and the public hearing was closed.
It was moved by Chairman Kelley, seconded by Hanson, to
recommend approval per staff recommendations #1 & #2.
Motion, Ayes 5, Nays 1. brown voted nay.
APPROVAL OF 1988 CALENDAR
It was moved by Chairman Kelley, seccnded by Johnson, to
approve the 19RR Calendar of City Meetings designating
Wednesday, July 6, 1388; and Wednesday, September 7,
1988 as the optional Planning Commission meeting dates
for those months. Motion, Ayes 6, Nays 0.
APPROVAL OF MINUTES
It was moved by Chairman Kelley, seconded by Hanson, to
approve the Minutes of the September 21, 1987 Planning
Commission nieeLing ns submitted. Motion, Ayes 6, Nays
0.
PLANNING COMMISSION REPRESENTATIVE
Brown was appointed to attend the November 9, 1987
Council meeting.
ADJOURNMENT 10:08 P.M.
Tne Planning Commission meeting adjourned at 10:08 P.M.
10
AL60LUI iON NU. t1/-10-y9b
The following resolution was offered by Commissioner Keefe,
seconded by Commissioner Johnson:
WHEREAS, household hazardous wastes pose a threat to waste
haulers, the county's transfer stations and waste -to -energy
facilities, and also pose a threat of poisonings and fires in
the home, and are of concern to local building inspectors and
fire marshals, and
WHEREAS, household and garden chemicals improperly disposed
of in landfills can lead to groundwater contamination, and
WHEREAS, because of these concerns, the county and local
municipalities set up a collection program for three Saturdays
in September with 15 collection sites throughout the county, and
WHEREAS, approximately 4,500 people brought household
hazardous wastes to the collection sites, with the materials
including about 50,000 cans of paint, approximately 3,000 car
batteries and other chemicals which will fill hundreds of large
drums, and
WHEREAS, the project would not have been possible without
the cooperation of municipalities in the county and hundreds of
volunteers who helped staff the collection sites,
BE IT RESOLVED, that the ccunty expresses a sincere thank
you to all volunteers who participated and helped make the
program a great s•ccess, including rcnresentatives of Thorpe
Brothers Real Estate, Citizens f• ' a 3cifer Environment,
Minnegasco, League of Women Vote s, Minneapolis recycling
program, Ramsey County, Scott County, Sierra Club and Clean
Water Action Group, and
BE IT FURTHER RESOLVED, that the county thanks all cities
in Hennepin County for their efforts, especially those that
provided sites and volunteers, including Bloomington, Hopkins,
St. Louis Park, Shorewood, Minneapolis, Corcoran, Osseo, Orono,
Plymouth, Golden Valley and Crystal.
The question was on the adoption of the resolution, and
there were seven YEAS and no NAYS as follows:
COUNTY OF HENNEPIN
BOARD OF COUNTY COMMISSIONERS YEA NAY OTHER
Jeff Spartz
X
Randy Johnson
X
John Keefe
X
John E. Derus
X
E. 1'. Robb, Jr.
X
Sam S. Sivanich
X
Mark Andrew, Chairman X
RESOLUTION ADOPTED.
ATTEST:.
��, ►ity OCT 2 91987
LAKE MINNETONKA CONSERVATION DISTRICT
473-7033
L.M.C.D. MEETING SCHEDULE
November & December 1987
Saturday 11-14-87 Water Structures & Environment Committee
7:30 a.m., LMCD Office, Wayzata
Monday 11-16-87 Lake Use Committee
4t30 p.m., LMCD Office, Wayzata
Saturday 12- 5-87 Executive Committee
7:30 a.m., Park Bench Eatery, Spring Park
Wednesday 12- 9-87 7:30 p.m., Regular Meeting, LMCD Board of Directors
Tonka Bay Village Hall
11-2-87
LAKE MINN ETONKA CONSERVATION DIS THICT
A G E N D A
Regular Meeting 7:30 p.m., Wednesday, October ?,8, 1987
TONKA BAY VILLAGE HALL /0r r;+
4901 Manitou Road (County Road 19), 'I'onk -_
/ ' 1
a?? ;I
1. Public Hearing: Rockvas Boat Yards - 7:00 p.m.
2. Call to Order - 7:30 p.m.
3. Roll Call
4. Secretary's Report - Minutes: September 23, 1987
5. Treasurer's Report
A. Monthly Financial Report
B. Bills
6. Installation of Officers
7. Committee Reports
A. Water Structures 6 Environsent Cossittee
(1) Committee Report
(a) Mound Licens:: Fees
(b) Code Amend.ent - Drystack Storage
(c) Public H,.ariny, Report - Surfaide
(d) Varianc+- Amendment - Minnetonka Boat Rental
(e) Deicing; Permits - Renewals
(f) Future Public Hearings
(g) Inspection Reports/Refunds
(h) 1987-1988 Deicing Program
(i) Environment
(j) Other
(2) Committee Action
(a) Variance Amendment - Minnetonka Boat Rental
(b) 1987-1988 Deicing Permits
(c) Inspection Reports/Refunds
(3) Other
(more )
LAKE MINN ETONKA CONSEHVA I ION UIS I HIL, I
Agenda
October 28, 1987 (cont)
B. Lake Use Co ittee
(1) Committee Report
(a) Fishing Contest Policy Review (continued)
(D) Winter Rules Review
(c) Special Event Permits - New
(d) of " " Renewals
(e) Charter Boat Registrations
(f) Inspection Reports/Refunds
(g) Water Patrol Report
(h) Other
(2) Committee Action
(a) Inspections/Refunds
(b) Charter Boat Registrations
(3) Other
C. Executive Cosmittee
(1) Committee Report
(2) Committee Action
(3) Other
8. Core Amendments
A. Drystack Storage (second reading)
B. Winter: DWI (first reading)
C. Wlater: Speed (first reading)
9. District Orders
A. Smith's Bay Marina and Yacht Club
B. Martinson Variance
10. Other Business
A. Corporate Authorization
B. Review Public Nearing procedure
11. Adjournment
10-21-87
I
LAKE MINNETONKA CONSERVATION DISTRICT
REGULAR MEETING
TONKA BAY VILLAGE HALL
September 23, 1987
The regu : meeting of the Lake Minnetonka Conservation District
CALL TO
was called to order by Chairman Rascop at 7:30 p.m. on Wednesday,
ORDER
September 23, 1987 at the Tonka Bay Village Hall.
Members presents Richard Garwood (Deephaven), Carl Weisser (Excel-
ATTENDANCE
sior), Richard Nelson* (Greenwood), Robert Pillsbury (Minnetonka),
Jan Boswinkel (Minnetonka Beach), Wally Clevenger (Minnetrista),
Tom Reese (Mound), JoEllen Hurr (Orono), Robert Rascop (Shorewood),
Ron Kraemer (Spring Park), Mark Westlund (Wayzata), and Robert Slocum
(Woodland). Communities reprePented: Twelve (12). *Arrived late.
Hurr Moved, Reese Seconded that the minutes of the August 26, 1987
MINUTES
meeting be approved. Motion, Ayes [111, Nays 101.
Clevenger Moved, Pillsbury Seconded that the Treasurer's Report be
TREASURER'S
approved and the bills paid. Motion, Ayes 1111, Nays 10).
REPORT
WATER STRUCTURES & ENVIRONMENT COMMITTEE: Hurr reported that Sailors
World/Smith's Bay Marina public hearing report was reviewed, and
approval of the modified 1987 dock license and setback variances
were recommended with stipulations.
The committee reviewed Harrison Harbor's public hearing report and
recommended approval subject to as -built.
The committee reviewed and recommended approval of the setback
variance for the Jerry Martinsons.
The committee reviewed and recommended conceptual approval with
stipulations of the Water Club West application.
The committee reviewed documentation for Surfside tn continue to
SURFSIP
be classified as a commercial marina operating at Chapman Place.
Upon discussi-n of the stipulations of 5-17-86, the committee
required that an application be sent to Surfside for its i987
license, the site plan to meet the following stipulations: (1) dock-
age must meet the J' length requirements, (2) dockage must meet
the normal setback ►equirements, (3) dockage he seasonally removed,
and (4) deicing will not be permitted.
Upon review of the "sunset" requirements; in Ordinance 16 covering
the four -to -two residential boat rules and shoreline requirements,
the committee reconnended that Ordinance 76 be made permanent by
deleting Section 3.
LMCD Board Minutes
September 23, 1987
Page 2
The committee reviewed 1987-1988 renewal deicing permit applications,
made recommendations for approval, and recommended an informational
meeting be held for the permittees, stressing the necessity of com-
pliance with safety rules.
The committee reviewed the moratorium proposal and the meeting report
with drystack operators. Upon di9cussion the committee recommended
the drystack Code amendment for first reading, and that the mora-
torium be extended to December 31, 1987.
Westlund Moved, Reese Seconded that the committee report be accepte,
Motion, Ayes 1121, Nays [0).
Hurr Moved, Reese Seconded that the Smith's Bay Marina (formerly
Sailors World) be removed from the table, and that the modified 1987
dock license application and the setback variances applications to
provide for 79 slips (numbered 1 throui,. 79 on the July 20 site plan
submittee by the applicant) be approved with the following
stipulations:
1. That the 20 mooring District Mooring Area be discontinued.
2. That i setback variance be granted within the 100' contour on
the north side, not to extend beyond the lot line extended, for
the ten slips falling all or in part in the 100' contour (i.e.,
Numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10) of the drawing sub-
mitted 7-20-87, and totalling ten slips, of which six are to
replace six of the 20 moorings.
3. That a setback variance be granted within the 100' contour on
the south side for four slips falling all or in part in the 100'
contour (i.e., Numbers 66, 67, 68, and 69), to be seasonally
removed from the l.Ike, and totalling ten slips, to replace ten
of the 20 moorings.
4. That a tempo setback variance be granted within the 100-200'
contour on rch side for six slips (Numbers 11, 12, 13,
14, 15, and t'.), to be removed after ten years or replaced by
six slips in the 100' zone, totalling 16 of 20 moorings.
5. That a temporary setback variance be granted within the 100-200'
contour on the north side setback area for four slips to be re-
moved after ten years or replaced by four slips in the 100' zone,
tot-lling 20 of 20 moorings.
6. A total of 79 41ivs (Numbers 1 through 79 on the 7-20-87 plati)
to be licensed.
7. An as -built be providod -ithin 90 days of completion of recon-
struction of the docks.
Motion, Ayes 1121, Nava 101.
SMITH'S BAY
MARINA
(SAILORS
WORLD)
LMCD Board Minutes
September 23, 1987
Page 3
Hurr Moved, Boswinkel Seconded that the new dock license application HARRISON
for Harrisons Harbor homeowners association for seven WAU, subject HARBOR
to as -built, be approved. Motion, Ayes )12), Nays )U). LICENSE
Boswinkel Moved, Hurr Seconded that the setback variance for the MARTI.NSON
Jerry Martinsons be approved. Motion, Ayes [12], Nays [0]. VARIANCF.
Boswinkel Moved, Hurr Seconded that conceptual approved of the WATER CLUB
Special Density Permit for Water Club West be approved with stipula- WEST
tions teat runoff water quality be improved, that there be adequate
slips set aside and signed for the public, and subject to city
approval. Motion, Ayes [12], Nays
Hurr Moved, Kraemer Seconded that the fuilowing deicing permit appli- DEICING
cations be approved, subject to inspection and notice to abutting PERMITS
neighbors: Advance Machine Company, and Rockvam Boat Yards, Inc.;
and that all deicing permit holders be invited to an informational
meeting, notice to include the enforcement program of the District.
Motion, Ayes [12], Nays [0).
LAKE USE COMMITTEE: Pillsbury reported that the committee reviewed
the LMCD fishing contest policy with representatives of the Bass
Federation and other fishing groups, to determine the need for any
changes in the current policy.
Bud Miller of the Bass Federation advised the committee that since
there would not be enough time to review all the questions involved,
a separate work session should be set for that purpose. He further
advised that there are 28 small fishing groups, plus large profes-
sional groups; their purpose is conservation of the sport, and they
are willing to cooperate with the LMCD in developing policy changes.
Duane Shodeen of the DNR fisheries advised the committee that:
FISHING
CONTEST
POLICY:
BASS
FEDERATION,
and
1. state permits are cequired where a `ishing tournament entrance DNR
fee is over $10, and/or total prizes exceed $2,000 and are FISHERIES
intended for professional tournaments; and
2. Criteria includes:
(a) Permits are limited to one boat per ten acres of water, or
1,400 boats on Lake Min►+etonka.
(b) The majority of conte are for bass contests.
(c) No out-of-state permits are allowed.
(d) Permits ire limited to one permit per lake per day.
(e) All permits are coordinated and priori •ed by the Minnesota
Bass Federation.
(f) The applicants must support the live -release program. and
therefore are no threat to the fish population.
(g) No tournaments are allowed on opening day.
The committee continued the matter to a work session on Saturdav
morning, September 26.
LMCD Board Minutes
September 23, 1987
Page 4
ue;aresentatives of the Southwest Trail Association and the Minnesota
Ui t�'ed Snowmobilers Association met with the committee for review
Cdf winter rules on Lake Minnetonka. The committee was advised that
the groups promote safe operation, that they will assist in making
safety recommendations to the committee, that speed recommendations SNOWMOBILERS
indicate the need for strict eniorcement around fish houses, and
that they will assist with the distribution of winter rules through
their mailings. They have conducted decible tests on machines,
showing that even the older machines did not reach 78 decibels; newer
machines have better suspensions which means higher speeds and
ra. `s, and smaller, quieter engines. It was also indicated that
recent court rulings in attempts to apply BWi rules to winter vehicle
operations have not been successful; there is a need to adopt special
rules for winter regulations. The clubs further indicate they would
distribute 4,000 copies of the winter rules in their December 1
member mailing, and advised that rule dispensers could be placed
advantageously at The Mist and Lord Fletchers, where snowmobilers
congregate. Recommendations will be finalized at the next committee
meeting and will include All Terrain Vehicle (ATV) association repre-
sentat' S.
The committee reviewed a Special Event Permit application by Pro -Sail
International for a regatta, and recommended approval with stipula-
tions. LMCD applications should require more information regarding
prize money.
The committee was advised of Special Event renewals for the On the SPECIAL EVENT
Water Sailboat Show September 24-27 at Excelsior Bay Yacht Club, RENEWALS
and the Minnetonka Bass Club Tournament June 4, 1988. %fter discus-
sion of holding further applications for fishing tournaments until
after the Fishing Contest Policy review, the committee determined
that the Minnetonka Bass Club be notified that the permit granted
would be subject to any rule changes in effect before the tournament
is held.
All applicants with incomplete charter boat registration applica- C'IARTE:R
tions, upon notice, will be referred for formal Complaint. BOATS
Tile committee reviewed and recommended approval of the Redman
Tournament Trail inspection report and refund.
The Water Patrol intends to respond to the bass fishermen's letter WATER
concerning Patrol activities regarding the number of speeding lass PATROL.
boats vs. the number of all Patrol boater -contacts, and the Code REPORT
requirements for skiing from docks, as well as other related
comments
The committee accepted for further review a letter from Clean Brooks
regarding 'hatter boat activity on the Lake, and the committee 1987 PRELIM
received a preliminary report of the 1987 Biocentric Lake: Use Study. L.U. STUDY
LMCD Board Minutes
September 23. 1987
Page 5
Kraemer Moved, Clevenger Seconded, that the Lake Use Committee report
be accepted. Motion, Ayes 1121, Nays 101.
Hurr Moved, Garwood Seconded that the application by Pro -Sail Inter- PRO -SAIL
national for a regatta on October 3-5 on Lower Main Lake, be approved INTL.
with the following stipulations: PERMIT
1. Course locations must not interfere with Spirit Island or West
Point Passage.
2. Registration numbers must be affixed to all boats, according
to statute.
3. Race course must not interfere with recognized fishing areas.
4. All boats must use lights as required by law.
5. Marker buoys be placed and removed the same day.
6. All temporary advertising signs for the event must be removed
within seven days after the event.
7. The race must not conflict with any other scheduled event and
be coordinated with existing boat race schedules.
8. Permit is subject to the cities involved, if necessary, and to
the Sheriff's Water Patrol.
Motion, Ayes 181, Nays 101, Abstains 141, Boswinkel, Pillsbury,
Slocum, and Westlund abstaining.
Hurr Moved, Kraemer Seconded that the following Special Event inspec- LU INSPECTIONS/
tion sport be accepted and refund made: Redman Tournament Trail, DEPOSITS
Operation Bass. Motion, Ayes 1121, Nays 101.
EXECUTIVE COMMITTEE: Rascop reported that the committee reviewed
the contract with the LMCD inspector, and recommended that the
contract be amended to provide for a fee of $9 per hour.
Dennis Clark of Frontier I- ustries in Excelsior (Shorewood) :L
requested the committee to explore the possibility of sponsoring FUNDRAISER
an ice fishing contest for the benefit of the Save the Lake Fund.
Upon, discussion that the contest could be limited by making it a
celebrity, big -ticket event, with the grand prize of a boat or the
equivalent, it was determined that Pillsbury, Westlund, and Mixa
meet. with Clark to develop a more specific proposal for the next
meeting.
Upon discussion of Frontier Industries' offer provide LMCD identi-
fication on their popular lake fishing and •ttinp maps, Frontier
LMCD Board Minutes
September 23, 1987
Page 6
will provide space in the lower left-hand corner next year to include FISHING
the LMCD emblem, Lake use sign rules, and the LMCD motto, in exchange MAPS
for the assistance of LMCD members in updating their map.
The officers completed their review of the LMCD legislative program LEGISLATIVE
with municipalities by their recent presentation at the City of Min- PROGRAM
netonka. Upon receipt of Minnetonka's letter, all city responses
are to be spread on a matrix to help finalize the content of the
program.
The committee determined to continue development of the Comprehensive MANAGEMENT
Plan by a review at its next meeting of a draft Request for Proposal PLAN
(RFP), reflecting municipal and other agency recommendations.
Municipal responses to the 1988 LMCD budget is expected to be satis- BUDGET
factorily concluded th ugh correspondence and by meeting with city
officials.
Tire committee reviewed a resolution to insure boater access to the
new Hennepin Park in the southwest of Lake Minnetonka, and recom-
mended approval as modified.
In other matters: (1) Current LMCD news releases through city news- NEWSLETTERS
letters will provide information concerning environmental, Compre-
hensive Plan, and new Executive Director• developments; (2) the APPLICATION
committee reviewed the application -review procedure for the Executive PROCEDURE
Director's position; (3) the Wayzata Yacht Club dredging spoil has
been removed out of the Lake watershed to the General Mills landfill WYC DREDGING
in Golden Valley; and (4) The Corps of Engineer buoy stickers have
been obtained for application to Lake Minnetonka. CoE STICKERS
Clevenger Moved, Hurr Seconded that the report be accepted. Motion,
Ayes 1121, Nays 101.
Pillsbury Moved, Clevenger Seconded that the inspector's contract INSPECTOR'S
be amended to provide for a fee of $9 per hour, effective June 1, CONTRACT
1987. Motion, Ayes 1121, Nays 101.
CODE AMENDMENT'S: Hurr Moved, Slocum Seconded that the first reading
of the Code amendment to remove the sunset provision of Ordinance
No. 76 covering shoreline requirements and the number of residential
boats from four to two at each site, be accepted, that further
reauings be waived, and that Ordinance No. 91 adopted. Motion, Ayes
1121, Nays 101.
CODE
AMENDMENTS:
SHORELINE
REQUIREMENTS,
Hurr Moved, Slocum Seconded that the first reading of the Code amend- DRYSTACK
ment regarding drystack storage be accepted as amended. Motion, STORAGE
Ayes 1121, Nays 101.
Hurr Moves, Reese Seconded that Resolution No. 51 regarding the mora- MORATORIUM
Corium on dryetack storage be amended by extending the termination DATE
date to December 11, 1981. Motion, Ayes 11,'1, Nays 101.
LMCD Board Minutes
September 23, 1987
Page 7
RESOLUTION: Hurr Moved, Reese Seconded that Resolution No. 56 to PARK
provide boating access to the Hennepin Parks Regional Park in the ACCESS
southwest of Lake Minnetonka be adopted as amended. Motion, Ayes RESOLUTION
(12], Nays 101.
OTHER BUSINESS: Clevenger Moved, Hurr Seconded that the Consulting CONSULTING
Contract agreement between the Board of Directors and the Executive CONTRACT
Director be approved. Motion, Ayes (7], Nays (5], Kraemer, Nelson,
Reese, Weisser, and Westlund voting Nay.
Pillsbury reported that the Nominating Committee submits the NOMINATING
following: Chairman,Rascop; Vice Chairman, Hurr; Treasurer, COMMITTEE
Clevenger; and Secretary, Slocum or Westlund. REPORT
Rascop Moved, Hurr Seconded that nominations for LMCD officers for ELECTION
the 1987-1988 term be on an open -election basis. Motion, Ayes (12], OF OFFICERS
Nays (0].
Rascop opened nominations from the floor for the office of Chairman.
Slocum Moved, Clevenger Seconded that Rascop be nominated Chairman.
Reese Moved, Westlund Seconded that Hurr be nominated Chairman.
There being no Further nominations for Chairman, nominations were
closed and ballt)i election taken. There having been seven ballota RASCOP,
for Rascop and five for Hurr, Rascop was declared Chairman for the CHAIRMAN
1987-1988 term.
Rascop opened nominations from the floor for the office of Vice
Chairman. Kraemer Moved, Garwood Seconded that Hurr be nominated HURR,
Vice Chairman. Boswinkel Moved, Clevenger Seconded that the nomina- VICE CHAIRMAN
tions for Vice Chairman be closed and Hurr uuanimousIv elected Vice
Chairman for the 1987-1988 term. Motion, Ayes (12], Nays (0].
Rascop opened nominations from the floor for the office of Treasurer.
Pillsbury Moved, Boswinkel Seconded that Clevenger be nominated
Treasurer. Kraemer Moved, Reese Seconded that Westlund be nominated
Treasurer. There being no further nominations from the floor for
the office of Treasurer, nominations were closed and ballot election
taken. Clevenger having received six votes, and Westlund having
received six votes, a tied election was declared for the position
of Treasurer. Hurr Moved, Reese Seconded that Clevenger be declared
Secretary and Westlund be declared Treasurer for the 1987-1988 LMCD
term. Motion, Ayes (12], Nays (U].
Rascop Moved, Weisser Seconded that the I.MCD office lease be renewed
with the City of Wayzata. Motion, Aves 1121, Nays 101.
CLEVENGER,
SECRETARY
WESTLUND
TREASURER
OFFICE
LEASE
It was requested that an Agenda item for the next Board meeting PH: BOA RD
provide for discussion of the relation of public hearings to Board CONSIDERATION
considerations.
LMCD Board Minutes
September 23, 1987
Page 8
The Selection Committee for recommending applicants to the Executive SELECTION
Committee for the Executive Director's position will be composed COMMITTEE
of the Executive Committee, Reese, and any others wishing to contact
the Chairman.
ADJOUPNMENT: Rascop Moved, Hurr Seconded at 10:15 p.m. that the ADJOURNED
meeting be adjourned. Motion, Ayes 1121, Nays 101.
Submitted by:
M. K. Westlund, Secretary
Approved by:
Robert Rascop, Chairman
l987 l�
MEMO OCT 2
TO: Minnehaha Creek Watershed Oistrict Board of v
FROM: Eugene A. Hickok an! Associates
DATE: October 15, 1987
RE: Lake Level, Flow and Precip';ation Summary for September 1987.
Lake levels in Lake Minnetonka have continued to decline through the month of
September as illustrated by the attached graph and lake elevations. There has
not been any discharge from Lake Minnetonka since November of 1986. Minnehaha
Creek at the Browndale Avenue Dam in Edina has maintained a flow of
approximately 5 cfs throughout most of September. This is shown by t~e monthly
flow summary.
The 30 year average precipitation for September at the National Weather Service
station in Maple Plain is 2.83 inches. The actual precipitation recorded in
Wayzata for September was 1.44 finches. A summary of precipitation is attached.
Minneheha Creek Watershed District
Lakes U t k a Welter ELe%o'7tpM — 19r?ci-19e7
-s17rf.o0
s�.9.40
s.�9.20
is
9:9.00
;9 ero pn
5 S:3.sJ
9z9.:0
_u
92' 50
o�-r cn
92-.►0
927.00
07-JAI—W
15—at--BG —.Jan-•87 03—Yuy-87 1 1—Avq-87 19—Nov-87
Date
K=2tzzrxazz=nrss'='-a's==z=--'='=cxr"zZZa-==-===_-===an=czx==c==--==cccx�ra
6i:? .:?ii:.:.. :w ._:? ..-ia:._. , .:A Ld=? .:evat .:@V8t1G'1 Flew
r}-... __
..r...
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7.3. _
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r_-�U7-3/
9.i ..i•
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9:3..149 0
9:3--J
)
r;-:Ui-87
9 5
0
C:-in-3"
5.'5.64 0
..—:ar—.
13.:3
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C. w.wr
PRECIPITION SUMMARY
Actual 30 Year Average
Maple Plain September * 2.83
Minneapolis -St. Paul
Intern'l Airport September 1.28 2.50
Wayzata September 1.44
*Unavailable at the time of this report
MONTHLY FLOW
SUMMARY
Grays Bay
Browndale Avenue Dam
(cfs)
(cfs)
September
2
0
6.9
September
9
0
4.5
September
16
0
5.0
September
23
0
6.9
September
30
0
10.9
hearing
MEETING NOTICE
Highway 12 Corridor Task Force
Tuesday, October 27, 19H 7
Willmar Chamber Office 7:00 p.m.
Members of the Task Force:
The Highway 12 Corridor Task Force organized about eighteen
months ago after a hearing before the House Transportation
committee. The Legislators directed us to work together to
further our efforts. We took their advice and have made
substantial progress since then -- with the exception of our
impact on the legislators in our respective districts.
The House Transportation Committee will hold a public hearing in
Willmar at Willmar Technical Institute Administration Building
Fourplex [Rooms 314 to 3231 at 2:00 p.m. on Tuesday, November 3
and at Ortonville earlier in the day. They're coming back - and
there is definite interest in hearing about more highways and
economic development.
I have a sense of urgency and real concern about this meeting. I
"eard from the committee staff person [and at each of three
meetings I have attended on transportation recently] that
legislators say they are not hearing from constituents about
highway funding or highway improvement. It is becoming
increasingly evident that before we can make progress on funding
for Highway 12, we must first join other coalitions around the
state in convincing the legislature that the state must provide
adequate funding for highways' Otherwise, we will find ourselves
fighting over progressively diminishing resources.
Tne Task Force is called to meet by Chairman Dean Schluter on
Tuesday, October 27, at 7:00 p.m. Our priority for this meeting
will be preparation for the hearing. Each of you is asked to
bring a draft of testimony thet you will present at the hearing
in Ortonville or Willmar. We also need to organize each of our
communities to bring a delegation rep-esenting private citizens,
business: and development representatives, and local government
officials. This is an important opportunity for us. it is
urgent that we• call on the legislature for adequate and stable
highway funding wnd continue to make the tie between
!ransportntion and development.
Sincerely,
1 2—me t. rt,
Hiclhway 1� Corridor 'last. Force
luesd�y, ;-;el:,tlEnil,cl `.•'_'a, 1'�1r�%
GI sanobetr Of f f it.
Present: _Tari "tyve Wright. Cc lun ty
Let- L ati—,,.)n Mid Mh•! RDC
:Tack: Ldrra.xn ':.wi f t C1_•unt.y
lallack _lcrtinWtji1 'c,wif t C,_,untY
Craig M,.)lstad Mid MN Development Council
hick: E:aut.ch MN/DO1 Mankato
Carole Vennerest.r om, Coordinator
Fi,t) 1'lirlgle G,_o-Ctleirniall
Paul. V.*eranFn MN/D01 Dist S
Dt)ri HuLe i t. M14/DOT District.
.Tack. Halpin Swift County
Lee MN/DOT Detroit Lai --:es
Vero deck MN/DOT Willmar
Jrjtiil Tiernagle Meet er County
Allen Welle F::andiyot-ii C,_,unt.y
Guests: aer Giese, Betty CI•,.,,_mr4uist., DNIr Swalis,ari
Willmar
`Aepherri Al,:ic,rsun, met-1-00 .11 i tail Council
Phil Cohen, Durenburgei" office
citeve Aldorsoii of tiie li anhi_1,_,rtcO i,.,ri Plan►-iiiioa Unit ,
Mrtrc,p,c,litctri Ccouiic a l was the ,jue-St r_,f ttie- rim.,k: Fc,rct.r and
spuk:t- on t•he- ► +1F cot the me, (:'r_,uric i 1 arld the "tatu_
,at Hi�at-Iwny 11 in theC,�urlr A,1 1"r�,r1!-F,t,rtcnt )r_,il F1.111 .
The uolea ,:,f t.tle Metl`OpCilitt+rl Cvulli.il I'L acid
l:,l.annirna. 1 i w,:jv e ],,se: Y wi t.ti MN/:)01" i=e;r-je1•r I
t•1''dllh�'1o1'icli lc ,t furl+.iirHa i,=. t.ir,_1 tc. tcivil' 1,larrinirN:4
Tt,11 �atdet,.� r'e-,TLii r(-•,m, that t.hr.::Y l : r•(,dre Devel,_,pruent Guide. Of
aVF,I'C);..a iili tel y -- yt✓e+r• Sp-II1 1116. Cur 1•e-11t ;,Ail!, a .teallds t,_, tloc-
ywar : Ul-lli grid tile cuvrt•n1 pl ,ri e.-: pi ro— i o ni rat; rcl_�ntf �s Ttree,
plia►i d,::,ert. nut F>r,c.1 1 out wtlnt ►_,i att-ier•ri ac tic,ii wi l 1 Lt- tetk.evn it. i. s •':i I. o 1 i l. y (. , l e 11 life C nu l l c i l l., i' , :, V 1 fje.' c, G..' 1 ':,A C f' 5 or, 1 0 r
r arik i n,,1 hi,-Ifl-A.&r" 11ii—e.1` th,+1 I,, Ulii,:luei i t ,awrl :and ,."Si f f rrrsnt.
f rc,n1 .t►e MN/001 1 ixril- :rig l.,r•(-,cE•s�, Met I C,',unr i 1 i�. t led to
,JE.�eI,_,InnNlit. MN/D(11 to tllr hlQtlw�my str-u( turf.
The tinif•-t,iltie, t„1 they Tr..ensr,,lcUitiriii P17-111 t,,--,41111, wlttl a
F:1rel inoirie+r v ,. v if + iii of - Iru.,lit_►1 It1r kr.,Ji,.,11c%1 T 1 &ii**,,,;rtiAtivn
1_:'Jeii d tiiy5 viiii0 v ,a:-lys c-11N1101.1t 1h,t' IL`I'_. h1at. nlnf•t.v ejays
to (ol'i"Ielit put.,l 1c hie {,,,I 1 1 t:.l r l,leti & m A4,t i l tir•
M:• y .
Hl,:Itlwav 1:-' llt III t1M Jul „1 Mr111-01 11tei11
Count i Iwen l 1)1vV deVI-ir..f. J D+,,ttit:e Rictor1. They should C,e
L ont.Sc t.f,,.I
Dlle of t.Ile ma,r,_,r values vi t•r•anspor'tat. i,_in pl�tr111ing is
control of urban sprawl . I i t•0v UOUL11 highway capac ity iS
allowed, populat.l.on will "Li leed" into rul•C.1 iere as. Planning
attempts to contain motroc-+ pcopulz,t i,art in the urbalt area.
The c.urrerlt. Met.rc-p,:,lite.n Cuun( it ?retnsp,_ert-eat.ic,n Pla.rl treats
Highway 11 ate i f there will be little ctlange it, its traf f 1c
cc,unt in t.tie future. Fl,:)weve). the Courlcll's c,.+neputer date+
t.:,c+se f civ 2ol (.) stv!w�, G1Fa j,ar c ui ogeSt 1+!11
Aldovsc,rl di5r_ussed tei,:.thwaly c ]at, --,If 1cat.yons. Highwiay l and
i t S tOn) IeCtit.+.l -394 IJiSP1CAY-+ all OPk- 4115 fV.orl, et "`.mhow
type- f r erway" toEor•,wety" iu "rural toigttway wi th a Less
to the highway". HighwcAy 1,2" is classified ai, a major
arterrrl arld is nr,t up to ttlril• dtrtyitr,_l desiorI stan_iarIA, .
The awc-unt c,f truck: t.rafiic will affect it.% priority. It.
1'1ec-cisto t,e' etll aderrue• t t- C OfIfIlle l' C i Et 1 he i UhWay .
The Task: Force was caut.ii,ned that. the (uullfc 11 has a fear of
highway 1-11',_ljects that Will prirec. ipt,11y bereeyfit. devr.loper•s.
When the Task. F,_.,rc a has input. and review upp„r turf i t. ies we
will be able t,:) present• economic impac. is . Aldocson
it-Idic:ateti the Cc,urrcil would recognize the ercc,nnroic
+'t?{rui r-('lLal'1t-s cif the:: non —metro area.
.
The queSticm wits rased Of ti-le irelpact cif :3'-I4 +.er► Hilahw:Ay 12.
Fldor•sc+n .+t:,_.ferve d that Li capacity was rn_+t. allowed t,:, fh>,Pand
West,, developmeiit will be held c l,rsc t,_, the. highway. He
adv i st-t-i that the C!..u►le i 1 wc,uld n_,t see the rift Ic. 'talc, of
4—lane: t.r+ the Wrioght C:c,unt.y bk)",jm(-
.
I)ueI 1!-eel !ill tt'ItS (ie 1C+CNIIl+111 pot.E'rIL.1a1 +_ti ttr v IJo ,
tal6.:,r3•ut1 i"E`''apovidi'r'+..i, "Y� r. t;htr.l'tL'', a 1,.7t Tt.'S +:_+IIeL 4r ttte
" H ebnelved tl,t3'rk. weti, ci f1•Ne leb.:)v
Itlarket, clld thai "t-1 +ut,., causk- ioi y lm.rVv awl
ttt!tl'e jobs on the CUr►"l;,icrt' th,il dl'r. ►e,.,t leflected ill pleile"111e'.1
11OW
Wleile- Met.rc, Coum it retO. irui "t,laaYs the ItlAltlbtul" ,arnlr, t•f/r t.erl
U-scout.a i ii 1 Leas cm H „Ahwa y I :' J yhc,u l d h 6 vc their Sht+r ere ' ••
6ttr�rl r+SI r.!� calfI.f t H10hWe+v :'I 111 ttiv i; ►Ifni tIc- AlIdIC"'t.-J ra_+
iltepl,_,vE,n1�r�t art* coin► tt ipAt.e d w-0 ,_,t ( ha-4 a the_• pla.re
e+taflaate•<; 1rlltet, aIth,:�u:.Ite tilt IeE' >g a 4 line:• i.t,eetetl t++
(ti1i'r►c!.��- He a ply+lr7t,r) t1ea1 Rltt�l +.+ r.:+�u+tC t. L +e1u,~rr`� h,n�
f OU'jtlt t,.., I t-t.'%I thf* I.'l"f)Jr i t. c+l i vt, ue+t i l MN t rae,t t etri
r.11'Let'" . raises ii i,, fur1.111".4 le:► 1 N., iN,ruit . tit•- Met
C,+Ultc i I , ttw I.,,urtthr Nt1,.1 tt►vewt' i I jr`ft dl E! II!:,,:;lito /rit
Folvir.In11,41.11.a I attut► Ili,
"If wv dtm,t. Strtrt ur•t.trin:j IuIisIIII') tit •ip fr,.,M tlgr f+rl1 g wta.+
t.t'tIWAIt, ttIt- v Iis+l,.'jt-It,•1 W.41t q*-t ft,el"i+•+i
Rep rw.-.elItat•ive We•llr asked hi_-w t•hr Ur•bovi 'service Area
b,:ju►tdry is, est-A-lititied.
Alt_i,-irson e:c:f,lainetd that plannel's take erW,uytt land int.- t•tt%•
Urban ! ervice Area to.:, allow develop -mint. - pl•rjectin,g all
nspec: t•s . the treed i5 for good 1nnd to meet. the. needy , of
growth t•t- t•ht-_• r:•rnd 17.4 the le c.erltury alld about terl years beyond
- and still not ctic ourage urban sprawl. Sewer-- avid
tr'rttlspic,rtat ion are the major considt:--ratiom..
The ac:Curacy Cif Metro Crurtcil predictions is correct to-)
E Liout 1% in urt,an areas, S'/, in counties.
Ald,_!i 5on told the grc,up ttlat p,Jl icv w,.,ul,d rt•-•t he us.et-1 tL
f rustrat•e at.te.mpot•s such as ours - it might just be si lt_'nt .
He i rldi cate,d a need t•,-, hear f rom the: "c,t•her
f..Ak:a" . CReporeserlt•atives of the Hem—tepin County Cities rif
Or,:,nLl, McAp)e Frain, L,_ong Lake. and Tn,dpendenc.e were unable t•,-,
at•teltcl the rtle et.)ng.
Phil Ccoherl Lot 'net1at,Jr Dut•rrll_turger's ,-of f ice renfunde-A us that
we're the avid pot.evitially the 5t.roiigest r_r_.ctlitil:n in
the state and suggested we have the SCI_,tt. (:runty tgrriup t c,trle
and bhow us their video.
He advised thrtt• we not. f ght• amorl,a fur a limited
nuutl,er c,f Hi,ghwety $$$. He sup qeu btr-d we put. nn umbrella over
ell rof the C,JEilit•lOnc_i ar-c-1 st'rk ader,.j.uate funding for- highway
Lollst ruc t•i,Jn .
Al,dors,.-M said "y,.,u undt-i'-Aand your issues, but lf,-,r y,_,u.l
like evt:-ry,_,rl,.• the mo\.iev lsl-1't the.•rc "
" I f the J ar gc r burea ( rec y %. arli r1 i pol ld, what. ,i,_, you do?
f illd Wrtyf, t,., fLliid tt11rIgS C,--,nstrutt ion
d,.:llal's dNrived loci.Oly Lsuctl iss t•a::<: iricrentent. financIngl.
'- udy WhOA solile otht•1~., have dc,tlE• t 1
There- w, 1; Lot- ,i,:,l lart= spent ,:,n Hl,4hwav 1_'
Ai,dl,rs,oll w,vt, tf t.ilF_•rw ww.• e+ fr,r it -le Mt+ir ,��,_,lit.�•n
C.,Jun(. i 1 111 thf- Coorl idi:)! L't•tl,dy f r •:.un Wayzata t,J Maple Plain.
He resp,:,r1,dKd that i he-r c? wds E+ rr, I ty
Ttte- iitrt•r,:,�.,t�l ltcill tt',ltllt 11 I1.1t e4 ft'ald to t.'uv liKlld tC!
l.ti c,Lr�i t• f,•1 h►,ltlw •.y Lrlll lnl5t•�, .xf t•t=r all to f 1C 1-,1 rn41! ilr,:, beL.11
,41 f 1 11r 1 st,l•:a,at• r- t 1 �. ,11 wc+,. [hot Wr nitiret W i t.11 ( ,,111116 5'! i ,_,1'te• r.
titc�vw F:e,•f t~ Thtr I:I,U,lui Ill Wtic.t the
"st c4 t•tn -l,A*l , t1-t",IF t..", tiny
Thi, T,A.-A F,,rt v will I.,r• put ,:,It tht- MAI-.�Pp-,1 t I.arl r .•utl� i i
!'I.t I l l r it. ! list dol l id e. ,.-!IRnful , i c a t l vl,t! me l l It iA 4. 1 wd t+i wt C,-,11 t l l lue t •. •
w„rk f oo His.lttwt, r I.., 1 tool •rt:!veluwllt
W
cjv
"Projects that move forward have brad support''
Notes:
(lark. B rnardson, Orono City Administrator will be in touch
with District S to yet an estimate on the cost of the
preliminary plan and the process that is necessary wit`-i
MN/DOT . He also suggested that we talk: to Representative
Wel le about the Greater Minnesota Corporation and whether
their interest in development will allow them to be a
partner in the up -front costo .
(1) reference to issue developed at Third Northstar
Workshop. . We have a copy of the document which includes
"Public/Private Part.nershp in Transportation''
69
t
hgw1 9/ './8?
HIGHWAY 12 MFE1 ING AT ORONO
CITY OFFICIALS AND MN / UO1
Prinicpal speakers:
MN/DOT
Bill Crawford
Paul Ieranen
..Tine Povich
City of Orono
Marl: Bernardso", City administrator
City of Maple Plain
etf Walton, Mayor
Sen. Uurenbur•ger's Staff
Cohon
Be1•nardson: reconstruction and new route foi 12 are 25 years
in the future, but a determination should be made of the new
route and possible interim improvements
Crawford: the impact of the Carlson Development o" both
population aryl traffic on the 12 corridor is already
visable, is driving it upward.
The 20 year plan shows capacity improvements in mid-1900's,
but money is already identified for 394, 610, Hiawatha
E_xpr ebswa.y, Sshakopee. By-pass and to add capacity to 4?4 .
Projects $1 billion in ditrict til year ::000.
1H12 will compete with 10 in Ano a County, 212 to Eden
Prarie and the Shakopee By-pass - all in project development
phase - sawe in design pt rase• .
Participatitm by local units of government and private
irrtererst.s is actually being used to finance LOOSt.ructiUn
Carlson Parkway used federal, primacy �tote aid highway
funds, taA i1►crement f inaal►c inq by the City of Mirtiwt."nk.a.
plus participatiu" by Carlson,
Kerane": Cities on ttle yl? coi idvr any i"intly fl.trk' i"g the
Environmental Impact: :t.aement with MN/DOT participating with
half. They are goino through the official neap wocess,
usinu mowley t roll, the me-t1•v C'_1u11C i i . They will he paid back
out of hi gtMay funds when the highway is built
LCrnwfotd g"t testy on the feilurn: of MVET transfer1.
C V.itwf 111 IJ: at it as an Ul"O tuni ty You' 1 1 qet
developme"t pl r•Vourw peep up with "band --aids" tit laryer.
f u1 di 1►U C10 e- lhe? cippur•tu►si t y is here t-,
tIV-04JI-11 YOUr t•a: t,a%w -• aiO yuu La" contr"! the
dove 1 upme-nt ''
Q 1 hu l eve l of f ede l o l 1"i t 1 t 1 pa t i o" o" (M 1" 10 1 '',
Whatk.ind of traffic counts will ripen acceno to federal
i urds?
►� Identifying the appropriate route is the first step.
What kind of funding is available to do that? Who
kpproveb i t ?
A. Commissioner Levine does not want us to work: on projects
where funding is not identified.
cities and the county signers a bonding bill for $2
million loan to MN!DOT for the final design work: on 210.
The SLOt.t County Transportation Coalition is making
similar efforts on the LloQmington Ferrry bridge and the
Shakopee By -Pass.
Crawford: Can the communities put together- a "carrot" for
the Commissioner?. 1 don't have the staff or resource i to
put on preliminary design work:.
Q . Those pr j ec. is with design work done have a leg up when
the money bee o► wn available?
A. "Oh. yes!" MQgaMall money is being advanced to MN/DOT
at no interest. .
Pernardson! if we have to do it may have to be
corridor -long participatiOn.
[A discussion of the stop light au 12 and Willow ire Lung
Lake surfaced and discussion wandered for a while]
Jeff Walton: Describe a "carrot." for us.
MN/DOT: 1. Fund the 1_ 1 *
:. Project design loar►
3. Fund the corridor study and official map process
Ewith an advisury group of local gout off icials]
►,� What is the cost [oaf 0 3
A. approx $2SO , 000 00
0. CA" you [local Un i is of gov t ] t. und?
A Yes, bloumin,at-", Eden Pratr•e and brut lyn Park. , for,
W •• ar P I W . l hr ru,_, My C MeS Lack- Aw" M W P •. J V t A-
co"st.ruet.ed , hut: M INOT dues nut pay hack the irrteregt
on t1 tp bonds.
l ohen: "Tile? AA::,tt C"u. geoup used [(..u"gi l+bsr,o"l Weber .
Work with the 12 1roup. it hau the potential ,,t being
the laruet.t [t o& i tikm wool iraa "owl. The Faris way qwt
out 01 t.t-Im go" to— bu 1"e%% a"d IVt the states c it leLt
dive( Cl y " Lit will stwu ten the turn around t 1M>~ and
wive: the bt.: Lon grenter cuntw ol. over the: tv fu►ids . ]
Qwnlwr;ifon: We r►ved to -r t .own wi th MN/DOT and bet omte
tamilla► with their F.iucanu - atnl qrt 41-1 E•stiarat►- ref the
►) Can local e"glneering [city and countyJ be used to'-)
reduce the cost 13]?
Crawford: We can use our soil c rewo for boring and your
engineers to try to keep the costs down.
Walton;We ca11't wait for MN/DDOT. We have to do our
Comprehensive Plans and get our zoning done.Towns will
need to organize more formally to fund and do the plans
L togett per ] . We must hammer out the concept - and MN/DOT
can't. help. What. dues MN/DOT do then? Cif we proceed
to identify the corridor and protect. it?]
Crawford; If communities will fund the study, MN/DOT will
c come i n , too - for half .
In general discussion the role of the Metropolitan Council
was discussed a"d I invited them to have re,oresentatives at
the 12 Task Force Meeting in Willmar on 'ceptember IS.
cJv
-�-_
OF
E SPECIAL
MINOUFEORONO TINDEPENDENTMSCHOOL DISTRICT OF THE CNO.L 74 O� 8 ��
HELD ON OCTOBER 6, 1987 C
A special meeting of the School Board of Orono Independent Schoo-Dts-tfict No.
278 was held on Tuesday, October 6, 1987.
Present: Dave McKown John Maresh Thomas Mich
Don Anderson Lucie Taylor William Fenholt
Kitty Crosby
Absent: James Franklin
Or. Mich reported that a student council program will begin in the middle school
this year; that the following four middle school students were eligible to par-
ticipate in the University of Minnesota Talented Youth Mathematics Prcject:
Matthew Alshouse, Michael Kirby, Seth Roth, and Alfred Kim; that over fifty
parents participated in a college planning program at the high school last week;
that Sue Sjeklocha will chair a social studies committee for a North Central
Association visit at Forest Lake in October; that this is fire prevention week
and that the schools will participate with fire drills, etc.; that the elemen-
tary parent advisory committee is in session tonight with a topic on self-
esteem; that he wanted to express appreciation to Judy Micke, Pat King, Evy
Zacher and all the other office staff members who worked so diligently on the
referendum information campaign and also to Bill Fenholt for all the
research/preparation work that he did for the referendum; that he had received
many good wishes from residents and professional colleagues regarding the
referendum but the most meaningful had come today from Mrs. Myrtle Schumann
extending her best wishes for the district and the referendum.
The Board agreed to hold a workshop session after the October 26 Board meeting.
Don Anderson informed the Board that Bruce Frahm, Ted Lockwood, Connie Priesz
and Carol Holzinger will participate in the Quest Program the latter part of
October. This program is sponsored by the Lions Clubs in this area and the
Board requested that a note of appreciation be sent to them and also that the
newspaper be made aware of the contribution that the Lions Clubs are making to
the school district.
Kitty Crosby expressed appreciation to Marge Gasch for her work on the referen-
dum; to Gen Olson for her letter of explanation in the PIONEER regarding the
1987 legislative session and its new funding formula; to the pastors in the area
for their collective letter in the PIONEER supporting the referendum.
Or. Mich prcvided the Board with an update on the long-range planning process.
UPON MOTION by Kitty Crosby, seconded by Lucie Taylor, the School Board accepted
the bid of Energy Management Engineering for a computerized, r',,ergy management
system for the school district.
Discussion ensued regarding equipment for this system, warranty, performance
bond, and reliability of this company. Bill Fenholt stated this installation
represents the Final phase of the major energy conservation me,sures called for
in the energy audit.
Lucie Taylor requested information on the parking lot lighting situation at the
high school. A report will be made to the Board at a later time regarding this
issue.
Or. Mich stated that at times the Board of Education on behalf of the school
district needs to recognize those people who go above and beyond the call of
duty in doing things for our students and for the school district.
UPON MOTION by Kitty Crosby, seconded by Lucie Taylor, the Board of Education
expressed its appreciation to Mrs. Joanie Lane and Mrs. Peg Swanson for their
efforts on behalf of the school district levy referendum and the students of the
Orono Schools.
Mrs. Lane and Mrs. Swanson were each presented with a plaque and flowers.
Dr. Winter updated the Board on the beginning of the school year at the high
school. He stated that they have had a good start and things are off to a very
positive beginning. Dr. Winter provided the Board with information on student
involvement, enrollment, Tri-metro Conference, region/district tournament align-
ment, class size, and use of the new computer lab. He expressed appreciation for
the additional parking lot which has solved alot of problems for them.
UPON MOTION by Kitty Crosby, seconded by John Maresh, the School Board
authorized the call for bids on a nine -passenger station wagon for handicapped
transportation.
UPON MOTION by Kitty Crosby, seconded by Don Anderson, the School Board directed
the Clerk of the Board to certify allowable levies, as calculated by the
Minnesota Department of Education, to Hennepin County on or before October 23,
1987.
The following voted in favor: Kitty Crosby, John Maresh, Lucie Taylor, Don
Anderson, Dave McKown. Carried unanimously.
The Board meeting was recessed at 8:50 to await the referendum election results
and reconvened at 9:02.
UPON MOTION by Kitty Crosby, seconded by Don Anderson, the following election
results as submitted by the election judges for the Special Election were
approved as follows:
SHALL INDEPENDENT SCHOOL DISTRICT 140. 278, ORONO, BE AUTHORIZED TO
INCREASE ITS 1987 MAINTENANCE LEVY BY 4 3/4 MILLS TIMES THE MOST RECENT
TAXABLE VALUATION OF THE DISTRICT, BASED ON THE FOLLOWING: THE
ADDITIONAL MILLAGE WILL BE USED TO FINANCE SCHOOL OPERATIONS; THE
ADDITIONAL MILLAGE WILL RAISE $604,106 IN THE FIRST YEAR IT IS TO BE
LEVIED; AND A LEVY OF THE ADDITIONAL MILLAGE SHALL BE .AUTHORIZED EACH
YEAR THEREAFTER UNLESS OTHERWISE REVOKED OR REDUCED AS PROVIDED BY LAW?
YES 972
NO ___262 _
Total votes cast were 1,234.
WHEREUPON the increase of the maintenance levy by 4 3/4 mills was approved.
UPON MOTION by Don Anderson, seconded by Lucie Taylor, the Jctober 12, 1987
Board meeting was cancelled.
UPON MOTION by Lucie Taylor, seconded by John Maresh, the meeting was adjourned.
r --I
Kather ne P. Crosby, Clerk
Approvel:
le I L
Dave McKown, Chairnfan
MINUTES OF THE MEETING OF THE SCHOOL BOARD
OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278
HELD ON SEPTEMBER 28, 1987
The regular meeting of the School Board of Orono Independent School District No.
278 was held on Monday, September 28, 1987.
Present: Dave MCKown James Franklin Thomas Mich
Don Anderson John Maresh William Fenholt
Kitty Crosby Lucie Taylor
UPON MOTION by Lucie Taylor, seconded by Jim Franklin, the consent agenda was
approved as follows:
- approved the minutes of the September 14, 1987 regular meeting;
- approved the following coaches for fall sports:
Al Kreb, assistant football coach; Steve Boylan, assistant football
coach; Lowell Seashore, head soccer coach - boys; Jirr. Krueger,
assistant soccer coach - boys; Fritz Cleveland, assistant soccer coach
- boys; Ray Poquette, assistant soccer coach - boys; Lisa Milbrath,
assistant tennis coach - girls; Barb Brown, assistant volleyball coach;
Amy Luesebrink, assistant volleyball coach; Teresa Heiserman, assistant
volleyball coach;
- approved the appointment of an A. Christianson as a
management/non-instructional aide Schumann Elementary School;
- declared its intention to develop pro.:_cts which expand and improve the
educational programs of the District, and said Board authorized Dr.
Thomas B. Mich, Superintendent of Schools or his designee, to execute and
file application for and in behalf of the school district, and otherwise
to act as its authorized representative in state and federally funded
programs and declared its intention to comply with all of the requirements
set forth in the "Applicant Statement of Assurances."
- appointed Kay Sause as representative to the ECSU advisory groups;
approved the bills as covered by vouchers 056471 through 056550 and 055905
through 055993.
Dr. Mich reported that a successful homecoming week had just been completed at
the high schocl; that Robyn Thayer is r semi-finalist in the National Merit
Scholarship Competition and the con6nended scholars are Vincent Bartoletti and
Heidi Dwinnell; that a series of open houses have been held in the various
schools with excellent attendance by parents; that on September 25 the
Scientist -in -Residence program began at Schumann Elementary with Karen Olson;
that a tour of the computer lab at the high school will be arranged prior to an
upcoming Board meeting.
Don Anderson informed the Board that there are openings for four staff people to
participate in the Quest Program on October 27 - 29 and that 'Marren Nelson is in
the process of filling those openings.
Dr. Mich reported that following the referendum, the long-range planning commit-
tees will being work for the 1987-88 school year.
Dr. Mich presented the 1986-87 Annual Report to the Board. He stated that this
is a vehicle for communicating about the successes of the schools, aspirations
for improvement, etc. Dr. Mich expressed appreciation to the PER Committee for
their work on this report and commended Toni Bergland for her assistance in com-
piling this report.
Dr. Mich informed the Board that at each of the four instructional levels a
specific faculty member acted as coordinator for the respective activities and
events for Orono's celebration of the Bicentennial of the Constitution. Those
faculty members/coordinators were: Barb Keen, Rebekah Hanson, Mayne Johnson,
and Jerry Borgert. They provided the Board with a capsule view of what
transpired at each grade level on September 16.
The Board paid special recognition to Joanie Lane, co -chairperson of "Concerned
Parents for Orono Better Education." Dr. Mich stated that this is the second
time Mrs. Lane has chaired this committee and the district owes her a debt of
gratitude.
UPON MOTION by Don Anderson, seconded by Lucie Taylor, the meeting was
adjourned.
-a tu
Kathe ine P. Crosby, Clerk
Approved:
Dave McKown, airman
Following the meeting Dr. Mich and Mr. Fenholt conducted an informative session
for residents regarding the referendum.
Schools have a major stake in the celebration of the
Bicentennial of the U.S. Constitution. This Impor-
tant anniversary is an excellent teaching opportunity
Our school level celebrations undersc.±re the impor-
tance and wisdom of the governance established by the
Constitution and are reinforced by the activities
occurring throughout the countrv.
This Bicentennial Celebration is especially important
for schools because ed+..-tion and learning are key to
the freedoms we enjoy. An elected representative
form rt government requires ..t.d inl• rmvd ele tor.t•..
Schools have the obligation to prepare students for
citizenship in a free society. Of necessity. this
includes knowledge and understanding of our form of
government. It also Includes reading, writing, arith-
metic, history. literature and all of the studies
that equip students to be thoughtful and fufotmcd mem-
bers of society.
The rhetoric of the day may lead some to think of e;i-
ueation on.y in terms of its economic ad%:tnta:;es.
The individual. business. and society benefit econ:•ta-
ically from education. The competitive vda;e in an
information age In education. And. todac, we under-
stand that the majority of people wil! reatire re-
training for employment several times durirr; their
work lives.
There is too doubt about the economic nrcer- its t•1 ed-
ucation. Along with it. however, we should net f"t-
get that the goal of an informed citizenry goo- he-
yond vocational preparation.
It is no accident that the term liberal arts is used
to describe specillc areas of staid', that art n:•t
immediately associated with earnlntz a living, fate
term is Latin 1n origin and hart two meaning,. ti,..
first is freedom. Oniti .a free pe lair are able =r
free to engage in learning that goes hec.nd the re-
quirvmvnita of the work-.,-da. world. live r:etond
meaning 1• ao,.k. Frey peopl. ttavv star skill. ti"te.
and freedom t-• iead, t Irarn.
ORONO SCHOOL BOARD
David McKown. Chairman
479-1692
Don Anderson. Vice Chairman
479-1810
Lucie Taylor. Treasurer
473-1189
Kitty Crosby. Clem
478-6037
Jim Franklin. Director
479-2130
John Maresh. Director
475-3197
the bicentennial Celebration does indeed give us
pause for reflection about education and schools.
This cc:untry's experiment in mass education was and
1s essential to the working of the Constitution.
Schools need to remember that they have a variety of
responsibilities in a free society. They teach about
the culture and government that has created a free
society; thrr prepare students fur productive lives;
and they_ educate students to be free, to seek learn-
ing for its own sake, to grow in knowledge and wisdom,
to he thoughtful decision makers.
Dr. Thomak B. Mich
Superintendent
AAAAAA
FRLE AND RFD1'CFD PRIU MEAL. PROGRAM
the administration of the Federal free and reduced
price meal program has been changed from our social
worker, Lvnda Meador. to our ford service director.
Gertfe Corpe. Ms. Meadur'e responsibilities and
assignments have been incrrased considerably during
tier vear of servicw with our district and we are seek-
ing war, to reduce her work load in area.; not directly
r.•lated t., social work. to relieve the situation. Mrs.
C,,rpe hat, accepted the new assignment. We are certain
that the program will continue to he adminit.tered ef-
ficiently and confidentialiv.
Att, parent now In the pr,•gram having a question. as
wall .is view famflirt: wtio feel they may be eligible.
fr. cld c,+ntcac t MrP. ('t rpc at »- 1 it S. Ext. l0. Sbe
,.at, normally by reached ftrninps at her office. At
ether time.. t•ie:a•e le.tya• a terorded me sage ..od she
•ill ittur-, ti. l :all.
6iiliatr. A. Frnholt
businvt- !tanager
aontinurri newt colum•)
ORONO EDUCATION FUND
With the Holiday Season approaching, we are all thinking about giving and
sharing. The Orono Education Fund offers us an exciting opportunity to
enrich the lives of all children in Orono schools. Your contributions to
the ACADEMIC ENRICHMENT PROGRAM will be used to enhance the high quality
of education in Orono by providing the extra funds needed for specialized
programs at all grade levels.
Donations to the ORONO DISTRICT SCHOLARSHIP FUND are awarded to selected
graduating seniors to honor past performance and to promote continuing education.
Please consider the impact which your gift will have on the young people in
Orono. We appreciate your support.
The Orono Education Fund Comittee
iim Adams Marvin Johnsen
Audrey Beal Ardith Maki
Clinton Bergman Mar: %icoll
Garfield Clark Stan Stroup
Send (tax deductible) contributi—i!, to:
Orono Education Fund
685 Old Crystal Bay Road
Long Lake, MN 55356
We wish to make the following contribution and have enclosed our check payable to
the Orono Education Fund.
$ ACADEMIC ENRICHMENT PROGRAM
S ORONO DISTRICT SCHOLARSHIP FUND
_ I/We would like to be contacted with more lnt, n regarding the Non -
Expendable and New Facilities Trust Funds.
IiWe have applied for employee Rift -matching funds fr. ^Dloyet
I/We prefer that our gift remain anonymous.
Name
Add rn s,_
Vh,,ne
ASSERTIVE DISCIPLINE FOR PARENTS WORKSHOP
GUIDANCE. AT A GLANCE
Orono Community Education is offering a one night
seminar on Assertive Discipline for Parents. Lee
Canter, known nationwide as one of the leading ex-
perts on child management, has developed a dynamic
workshop which presents step-by-step guidelines to
help gain the skills and confidence necessary to
handle children's behavior in a firm yet caring man-
ner. Simone Reiswig of Wayzata will be leading this
interesting and worthwhile evening. Come and learn
about the take -charge approach for dealing effec-
tively with children's behavior. The date is Thurs-
day, November 5 at 7:00 p.m. in Schumann Elementary
Cafeteria. Fee is $5.00 pre -registration through
Community Education or $6.00 at the dour.
Toui Bergland
Community Education Director
GIFTED EDUCATION SERVICES
Special classes for eligible gifted and talented
students are offered on Saturday, during school
breaks (such as teacher wnvention days), and in
West Suburban Summer School through Interm•rdiate
District 0287's Gifted Education Services. For
information about these and other opportunities
for gifted and talented students, please contact
Betty .Johnson at 553-5667 or your District #278
gifted education specialist, Kay Sause.
CHAPTER I PROGRAM APPLICATION AND
SPECIAL EDUCATION APPLICATION
State Department of education Program applications are
Board approved and are public documents. These docu-
ments are kept on file in the Special Education office
for the Orono School District.
Chapter 1 is a Federally-tunded program in Schumann
Elementary School. Children who need extra help in
reading. and/or math receive help from a special tutor
In addition to their regular classroom wurk. A Chap-
ter I tutor meets with these children for about 30
minutes each day to give extra help.
Special Education serves handicapped students ages
3-21. All handicapped students with educational needy
are served throughout the Orono Schools in a variety of
programs. All disabilities are addressed with specific
programs In the following areas:
Early Childhood: Special Education
Speech -Language Disabilities
Hearing and/or Vision Impaired
Learning Disabilities
Physically Handicapped
Emotional-Behbrloral Disahilitfe.a
Adapted Phvsical Education
Lducable and Trainable Mentally Handicapped
Contact Karen Orcutt, Director of Special Education at
473-7313, if you have questions regarding these pro-
grams.
Upcoming Test Dates
SAT 1/23/88 Registration Deadline 12/18/87
ACT 12/12/87 Registration Deadline 11/13/87
Juniors Career and College Planning Session
The results of the Career Planning Program (CPP) bat-
tery of tests taken by the junior class in early Oct-
ober are back. A feedback session for students and
parents has been scheduled at 7:00 p.m. on Monday,
November 23 In the high schools auditorium. This
session has been slotted into evening time so as to
allow parent participation. The school counselors
feel that the most valuable use of the CPP results are
possible when parents are involved. The CPP individu-
alized report will be explained, career and education
planning resources discussed. and direction given for
further parent -student activities in the area of ca-
reer and college decision making. The return of the
CPP results in November shotld be considered for jun-
iors as the starting point for planning that culminates
in acceptance into colleges and schools in their sen-
ior year. Attend tisis meeting and get an appropriate
and early start on this important planning process.
The results of the Differential Aptitude Test have
been received in the Guidance Office. The results
have been interpreted for the 9th graders and they have
been giver a copy of their results to take home. if
parents would like further explanation of the test
results, they should call their Student's counselor.
A-K. Mrs. Beach; L-Z. Mr. Wasbotteit
Juniors are reminded to obtain a Social Security num-
ber as soon as possible if they don't already have one.
The number is requested on many college applications.
admissions tests, and financial did forms.
VISION AND HEARING
Screening for vision and hearing will be held during
the month of Noves.her in the elementary. intermediate
and middle schools. Rechecks will be completed during
the month of December for students not passing their
first screening.
As in the past the screening will be conducted by JoAnn
Ree, Orono School Nurse. with the help of trained vol-
unteers. The time and help that these volunteers con-
tribute is greatly appreciated.
Should you receive a refrrtal to see a doctor after the
vision and hearing rechecks please return the referral
to vout school for charting on your child's health
record. Anv questions please call 4-3-547 , Ext. 2.17.
.h Ar,n Ree
Orono School Nurse
PARENTS OF HIGH S(:HkK)I, SENIORS
On Monday, November :3 at i:30 P.M. there will be
A meeting to discu...a and plan for the graduation
recepti.,n and all night party for the seniors. This
meeting will be held in the high school c.afetetia.
Anvone interested is ►elcww to attend.
IMPORTANT 1 1 !
ADMINISTRATION OF MEDICATION TO STUDENTS IN SCHOOL
Micellaneous Article Sec. 34 of the Onmibus Bill: As of August, 1987 there was a new bill passed by the legislature
in regard to administering medication in school
The new bill reads: "Administration of medication by school personnel must be done according to the wr" ten order of
a licensed physician and written authorization of the parent." It also reads "Medication to be admin' ..eyed must be
brought to school in a container appropriately labeled by the pharmacy or physician."
This means that in order to have your child receive medication during school hours, we will need to have a WRITTEN
order by a licensed physician, and WRITTEN permission from the parent giving us authorization to give the child
medication. The medication to be administered must be brought to school in a container appropriately labeled by
the pharmacy or physician.- The bottle that you receive from the pharmacy that the medication is in. meets this
ruling.
This law does not apply to over the counter medication, aspirin or tylenol. If you need to send this type of medica-
tion to school with your child, properly idet,tify it. and tell us when the child should have it and the reason why
he/she needs to take it.
The enclosed form is what you may use if your child needs to take medication while in school. Have the physician
fill out the upper part of the form and the parent fill in the lower part of the form. If you choose not to use
this form the same information nrA s to be written by the physician and the parent on a form of your choice.
Any questions please call JoAnn Ree, Orono School Nurse, 473-5472, Ext. 227.
Independent School District 278
Name of Student
Address
Parent or Guardian's Name
Diagnosis of child's illness:
Type, dosage, purpose of drug:
Physician's Signature_ _
Long Lake, Minnesota
AUTHORIZATION FOR GIVING MEDICATION IN SCHOOLS
Birthdate
Telephone Number
-School
Room
TO BE FILLED 14 BY PHYSICIAN
Tclephone Number
1. I request medication be given at school asprescribed by physician.
2. I release the school personnel from liability in the event any reaction results from the medication.
Signature of Parent or Guardian Date
NOTE: Medication to be supplied In original prescription bottle. Ask for the medication to be divided in two
bottle& completely labeled -- one for home -- one for school.
-MUSIC MAN TO BE PRF..SFNTF.D Noy 12. 1 1 ..I4. 101 21
The hiPh s_tiool drama and music •!e^artments will be
prosenti,.,; "The Music Man" a! :;30 p.m. November 12,
13, 14, 20 and 21 in the high school auditorium. Re-
served sent tickets will go on sale November 2 In the
high school principal's office.
If the football team reaches the playoffs scheduled
for November 13, that performance of "The Music Man"
will be presented the following Tuesday evening Nov-
ember 17. if the team wins the 13th and is scheduled
to play the evening of the 20th. "The Music Man" per-
tormance will be cancelled.
Playing lead rules in this show are Mark Tomlinson
(Harold Hill), Beth Bracken k'Marian, the librarian),
Wendy Gabriel (Marian's ic.,ther), Chip Brown (Marcel-
lus), and Lars Christianson (Mayor Shinn.)
Other significant supporting roles are held by Heidi
Dwinnell, Lynn Christinson. Judi Buhrer. Jean Lee,
Allison Rice, Andy Mechavich, Li_s Scalf. Jashja Van-
dervort, M,:rk Zambreno. Shawn Strehlow, Steve Stroup.
Shayde R,.denick, Eric Swenson, David Carlson and Amy
Marr. Student directing the pit band is Monique
Kanz W . Pianist is Sebastian Berweck, a foreign
exchange student from Germany.
Familiar tunes include "Trouble," "Seventy-six Trom-
bones." "Lida Ruse," "Sincere." and "Goodnight My
Someone."
'rickets may he reserved by calling the high school
of:ice at 473-5472 and must be picked up by 3:00 p.m.
prior to the evening's performance. Remaining tickets
will be on sale at the door each evening. Senior cit-
izens and district pass :alders may pick up free tick-
ers to the opening night performance on November 12.
That is the only night that passes will be honored.
'rickets are $3.00 a peat.
ANNUAL FRUIT SALE
The Orono High School Band will again sell casts of
fruit this year. The orange%, grapefrv' and apple
sale will begin on November 2 and and "orember 18
The fruit will be delivered ab,�ut Decem.._ 1. If
you are not contacted by a high school band mrnber
please call Mr. Schulz at 473-5412.
U OF M ALL -AREA HONOR BAND
Congratulations to Julie Theis,
Clarinet; Diane Wegner, Flute;
Vince Bartuletti, clarinet; Amy
lackson, Alto Sax; Liz Willoughby, 'Trumpet; Doug
Beal, Trombone; Heidi Dwinnell, Bass Clarinet; and
Jodi Buhrer, Tuba. These members of the Orono High
School Wind Ensemble have been chosen by Dr. Frank
Bencriscutto, along with Martha Hurr as a percussion
alternate, to be a part of the annual ALL -AREA HONOR
BAND. Forty-one high schools from a twenty-five mile
r+,' of the University of Minnesota are represented
in the band of about 142 members. After three re-
hearsals they will perform in concert at Orchestra
Hall on Sunday, November 8 at 2:00 p.m. Tickets are
$4.00 and will be available from Honor Band members
or at the door. The University Wind Ensemble will
also perform.
PIANO RECITAL
The annual Orono District -'ano Recital will be held
on Thursday. December 3. 5:00 p.m. beginning with
elementary students. This annual event enables all
piano students to perform on the District's beautiful
Kawal Grand Piano in a concert setting on the stage
of the auditorium located at the high school. Every
piano student in the District is encouraged to par-
ticipate. Please write down you ime. selection to
be performed, and the composer a Dive to any music
teacher in the schools. If there are any questior.s
please gall the Schumann Elementary School at 473-
7317. Middle/Intermediate School at 473-7301. or
Orono High School at 473-5472.
Frank Schulz
High School Band Director
SCHUMANN ELEMENTARY SC_HWL
PTA BOOK FAIR V�
The Book Fair will be at Schumann
Elementary for grades K-3 on Wed-
nesday, November 18 from 8:00 a.m. e ,
to 6:00 p.m.; Thursday. November n
19 from 10:00 a.m. to 8:00 p.m.; o
and Friday, November 20 from 8:00
d:.m. to 12 noon.
Evening hours are available for those who are unable
to attend during the day.
Corse and enjoy some early holiday shopping.
Diane Simpson
CHILDREN'S BOOK WEEK
Students at Schumann Elementary will he celebrating
an early Children',, Ao..k Work, from November 9 - 13.
Many special events are p' nod.
On November 12 at 2:00 p.m. we will hold our second
annual Read -In. Historical and ethnic themes will be
teatured. Sixty-one Presenters will read or tell their
4tories for small groups of children. Fach child will
hear three presentations. Special guests last year
Included Santa Clauv and Captain Hook.
Frank Schulz On November I1, nationally known chtldren's author,
High 5,hoo1 Band nlrectur Susan Pearson. will be working with Lrade 1 students
as a culmination of their authors' unit. Ms. Pearson
has boon an cditor wlrti Lerner books and teaches writ-
ing et the Art Center of Minnesota.
Board Action Review I
District
Activities
11/2-18
Annual Fruit Sale
H.S. Band members
11/3
Election Day
5
Assertive Discipline workshop
S.E. Cafeteria.......... ..........7:00
p.m.
9
Board Meeting - M.S. Vocal
Music Room ...........................7:00
p.m.
12/13/
14
Fall Musical - H.S. Auditorium .......
7:30 p.m.
15-21
American Education Week
15
Newsletter Deadline D.O.
20/21
Fall Musical - H.S. Auditorium .......
7:30 p.m.
26/27
THANKSGIVING DAY - No School
Elementary Activities
11 4 Ungraded Classes to Mpls. Inst. of Art
5 Vision and Hearing Screening
Grade 1 Classes to Mpls. Inst. of Art
6 Vision and Hearing Screening
10 Grade 2 Classes to Mpls. Inst. of Art
Elema4:tary/ Intermediate PTA Board
Meeting - S.E. 1.0rary......... •....7:15 p.m
12 Grade 3 Classes to Mple Inst. of Art
Elementary All -School Read -In
13 Kindergarten Conferences NO SCHOOL FOR KDGN
17 November Birthday Party
18-20 Elementary Conferences PTA Book Fair
NO SC;1OOL EC:SE, K-3
Middle/Intermediate School Activities
11/2 I.S. PAC Meeting .....................7:15 p.m.
2-3 I.S./M.S. Vision 6 Hearing Screening
5 I.S. Reward Day
10 Elea/I.S. PTA Board Meeting at S.E ... ;:15 p.m.
11 M.S. CAPS 1/2 day
16-17 I.S./M.S. Conferencea........... 5:00-9:00 p.m.
I.S. Book Fair
18 Conferences NO SCHOOL FOR I.S/M.S.
24 Girls 748 Gr. Basketball-Buftalu-H 3:30 p.m.
M.S. PAC Meeting .....................7:30 p.m.
Hi h School Activities
11 3 Volleyball 6AA (3.5.11.12)
boys and Girls Soccer - State (3.
7 Football Playoffs
Cross Country - State
12 Fall Musical - Music Man - (12.13.14
20,21) • ... ................ ...
13 FootballPlayoffs
is Parent Teacher Conferences
NO SCHOOL 9:00
20 Volleyball - State (20,21)
Football Playoffs State (20.21)
25 Wrestling at Mound...................7:30 p.m.
28 Football - Prep Bowl
Hockey Jamboree at Hutchinson ........ 1:00 p.m.
Re ug lar Meeting - Septemher 14, 1987
* Approved variance requests for Tom McKellar,
grade 12. and Erin Wondra, grade 12, to attend
Wayzata High School.
* Approved variance requests for the following
students to attend Orono Schools: Kara and
Cristina Fraser, grades 4 and 2; Any and Kris-
tin ^eterson, grades 4 and 3; Jeffrey Reigel,
grade 6.
* Approved the appointment of Sarah McDermott as
2nd/3rd grade math/reading teacher at Schumann
Elementary.
* Approved the appointment of Diane Dingman as
part-time physical education teacher at Schu-
mann Elementary, grades 1-3.
* Approved the appointment of Debby Hertwig as
keyboard instructor at the Orono Middle School
for one sems-ster.
* Approved the appointment of Marcia Lillemo as
District TIES Secretary.
* approved the appointments of Georgia Hawkinson,
Erika Matzen and Julie Gonsior as short hour
kitchen aides.
* Accepted the resignation of Marie Dubay as a
cook at Orono High School.
* Authorized a Board meeting to be held Tuesday,
October 6. 1987.
* Approved the procedures, polling places, polling
hours, and judges for the Referendum Election
to he held on October 6. 1987.
V "l
ORONO SCHOOLS WILL BE CLOSED ON
NOVEMBER 26-17 IN OBSERVANCE OF
THANKSGIVING DAY
u S P.'S: aC.t
AOenNNTSATION OIIICE
ESE OLD Catev" sat now $ own PAW
LONG Mal. NOINESOTA l-V Lk. M.
r
0-3
- ..r,i ty of Orono
P.O. Box 66
Crystal Day HN 55W3
Hennepin County Commissioner when he was able to drive him<vlf to
E.F. "Bud" Robb suffered a heart at- the hospital.
tack on Friday, Oct. 30. He was taken A hospital spokesper�-nn was not
by paramedics from the Hennepin authorized to give an update of Robb's
County Government Center to the car- condition and there was no indication
diac unit at Abbott -Northwestern of when he might be released.
Hospital about 3 p.m. Correspondence to Robb can be ad -
Robb suffered what was initially dressed to: Abbott -Northwestern
described as an "interior infarction." Hospital, 800 E. 28th St., Minneapolis,
He suffered a mild heart attack in 1976 MN 55407.
Board makes MCWD appointments
Hennepin County ( nmissioners
Oted Oct 27 to fill two vacancies on
e Minnehaha Creek Watershed
strict (MCWD), appointing two re-
-entatives from above the Grav's
,-)arn.
-dointed were Robert D. Erickson,
lives on G,-ay's Bay in Minne-
tonka, and C. Woodrow Love, Shore-
wood
The vote to appoint Erickson and
Love was 4.2 with the DFL majority
supporting the two men and Republi-
can commissioners John Keefe and
Bud Robb voting against. Commis-
Fioner Randy Johnson was absent.
Erickson was formerly a specialist
in commercial property for Roger
Fazend:n Realtors in Wayzata. He is
president of E.T.C.O. Properties,
which has developed several commer-
cial projects in the western suburbs
and pia.;; to break ground soon on an
industrial project in Long Lake.
Love hrs lived in the area for more
than 20 years and has operated a sail-
ing school and managed sailboat mar-
inas for 10 years. Those marinas irr
elude Shorewood Yacht Club and,
most recently, Smiths Bay Yacht Club,
both owned by Gerald Toberman.
4M9 44A
WA
it rw,.
Rer
to
F01Jr7 SECTIOWS
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`I PR PORED LOT AR! Ss
Block 1
2.00 Acres
f� Lot 2 - e.t0 Acres.
/ sass Aero. aMeenn t t A c
Blocs 2
Lot 1 - 2.00 Acres
Lot 2 - 2.00 Aerea
Lot ] - A.2, A<ia.
t va26 Arrea•eeen" t Ia1M t
Stock 1
Lot 1 - 2.00 Acre.
Outl,t A - 0.14 Acra.
Rued Area - 1.46 Acres
1 P8"n'
all,
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LEGAL DESCRIPTIIIN:
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GENERAL NOTES:
The south 22 acre. oI tt• Coat heave
.•
a Doom
Denote. Iron m ens
Quarter of the Southwest Quarter of
Gec1,,n 11. T-..hip Ill. Ranle 21.
1
-�- Dove enotes rhead power llnee
Renn..In County, Mlnnasr'u. E%CEM
the vest 225 feet of th, east 645
--_ Denotes v,i,tlnq tumour
feet oftsouth 415.6 I,- lh--t.
r,11t Denote. e.l.tl,q spot el.-tlon
AREAS:
• Denote. power pale
S6t,B10 square
l ',A16 aquas tent - tp. hU ut rr- 121n)
Vlo)
REVISIONS
DRr'N BY
PA.N.
NMp .°e>I n. r.rnnp w.+
rw,�n
50
PREPARED
F
9 B
Y.A.N.
REMARKS
Chen
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