The URL can be used to link to this page

Home My WebLink Aboutpaperwork re: code violations-inspections;ltrs;court papers, etc. DAFE TIME CITY OF ORONO CALLED IN INSPECTION NOTICE SCHEDULED. PERMIT NO. COMPLETED ^ � � ADDRESS�-�3C� � �L C' OWNER CONTR. TELEPHONE NO. � ❑ FOOTING ❑PLUMBING RI ❑ FIRE PREV. � ❑FRAMING ❑PLUMBING FINAL ❑ FIRE SUPRESSION SYS. � ❑INSULATION ❑MECHANICALRI ❑EXCAV/GRADING/FILLING y ❑WALL BD. ❑MECHANICAL FINAL ❑ LAKESHOREIWETLANDS 2 ❑FINAL ❑ FIREPLACFJWOOD BURNER ❑TREE REMOVAL Q O DEMO—SITE ❑WATER HOOK-UP ❑KENNEL LICENSE � ❑DEMO—FINAL ❑METER SEfITURN ON ❑SITE INSPECTION v ❑SEWER HOOK-UP ❑PRO(3RESS _ ❑SEPTIC MAINT. ❑COMPLAINT v ❑SEPTIC INSTALL ❑ FOLLOW UP � ❑SEPTIC FINAL �O ❑SITE WELL � ❑WELLTESTPUMP � COM ENTS: 'o �Iti�S �� LL. � � oJ a � �C� N2.t�s `` S. � No� [ � 9�' _ Q �3_ 1-�l.� ti-�a �; L � W � � O W ❑WORK SATISFACTORY:PROCEED ❑ PHOTO TAKEN � WO ❑CORRECT WORK&PROCEED �CITATION ISSUED Q ❑CORRECT WORK,CALL FOR HEINSPECTION ❑ISSUE CERTIFICATE OF OCCUPANCY V BEFOHECOVERING TEMPORARY ❑CORRECT UNSAFE CONDITION WITHIN HOURS. PERMANENT INSPECTOR WILL RETURN ❑STOP ORDER POSTED.CALL INSPECTOH ❑INSPECTION REQUIRED.CALL TO ARRANGE ACCESS. Call for the next inspection 24 hours in advance.473-7357 OwnerlContra r ' e: Inspect . WhRe Copy apecto�'s File Canary Copy/Site Notkx DATE TIME CITY OF ORONO CALLED IN INSPECTION NOTICE SCHEDULED �►-2�-�5 0 t PERMIT NO. COMPLETED 9-2S-8�'i �2:y ADDRESS �53� Lv2i�. 64vE OWNERCb�� N EN�cE CONTR. TELEPHONE NO. � ❑ FOOTING O PLUMBING RI ❑FIRE PREV. � ❑ FRAMING ❑ PLUMBING FINAL ❑FIRESUPRESSION SYS. yW, ❑INSULATION ❑MECHANICAL RI O EXCAV/GRADINC3/FILUNO - Qy ❑WALL BD. ❑MECHANtCAL FINAL ❑LAKESHORFJWETLANDS � ❑FINAL O FIREPLACFJWOOD BURNER ❑TREE REMOVAL Q ❑DEMO—SITE ❑WATER HOOK•UP ❑KENNEL LICENSE � ❑DEMO—FINAL ❑METER SETlfURN ON �SITE INSPECTION Q . ❑SEWERHOOK-UP �PRO(iRESS _ ❑SEPTICMAINT. ❑COMPLAINT v ❑SEPTIC INSTALL ❑FOLLOW-UP 2 ❑SEPTIC FINAL �O ❑SITE WELL � ❑WELLTESTPUMP � COMMENTS: ��^�evr �sz To.r- '�,.�,g3 �e�n g.S-g� � �� CA�1Ll.q�, NoT V/3�4 Sl�C /N R�/c �AfLdJ o Z) P�asn� , s-ri« /3� 6�1 ��r�t 4i 3) C�..Ir9 n�oT sce �f /Ls� nrcQ. (-1,�ts C�e� oo.vs;�.��-T� � 1 � �.1 �vo �GeGMrT Fo2 lLcwv�►iw,�.va o9,oarna�► a s Ra�pi� aru►,Q,,,r� ...�nQK�C9 0,� n�o .�v�Du.�,rn� W �� illG peR�� f e 2 S�✓�r►v� �o•r /�sc2T1�t t..,A�11 � j /ls o2 G"l't5 dme/� a NO PJ��w�.� �/We�n�rJ K�voc1 ow q A�s�wea S �w� � WORK SATISFACTORY:PROCEED �HOT 7AKEN��ygQ � WO O CORRECT WORK&PROCEED ❑CITATIOPi 1SSUED �Q,[�r.S H �'oR/�'d l�lG, Q ❑CORRECT WORK,CALL FOR REINSPECTION ❑ISSUE CERTIFICATE OF OCCUPANCY �'� V BEFORE COVERIN(3 TEMPORARY ❑CORRECT UNSAFE CONDITION WITHIN HOURS. PERMANENT INSPECTOR WILL RETURN ❑STOP ORDEA POSTED.CALL INSPECTOR ❑INSPECTION REQUIRED.CALL TO ARRANGE ACCESS. Call for the next inspection 24 hours in advance.473-7357 OwnedContract on si : Inspector. White Anspectors Fib Canary CopylSits Notks DATE TIME CITY OF ORONO CALLED IN INSPECTION NOTICE SCHEDULED PERMIT NO. COMPLETED /�3�,$� A.� ADDRESS �1�35 (.Y2�C AVG OWNER CONTR. TELEPHONE NO. � O FOOTING ❑ PLUMBING RI ❑FIRE PREV. � ❑ FRAMING ❑ PLUMBINGFINAL ❑FIRESUPRESSIONSYS. � ❑ INSULATION ❑ MECHANICAL RI ❑ IXCAV/GRADING/FILLING y O WALLBD. ❑ MECHANICALFINAL ❑LAKESHOREMIETLANDS � ❑FINAL ❑FIREPIACENVOOD BURNER ❑TREE REMO�/AL Q ❑OEMO—SITE ❑WATER HOOK-UP ❑ KENNEL LICENSE � ❑ DEMO—FINAL ❑MEfER SETlTURN ON �SITE INSPECTION v ❑SEWER HOOK-UP ❑ PROGRESS _ ❑SEPTIC MAINT. O COMPLAINT v ❑SEPTIC INSTALL ❑ FOLLOW-UP 2 ❑SEPTIC FINAL y ❑SITE WELL � ❑WELLTESTPUMP � COMMENTS: O -- S\�1►N 6 NO'T �.o n�^OlE.1L 0 — �/AR�O nteec�.S +�n.A-1 �ilL.a.,�iriG — �Fo �u��► � ty � /Y�Ot.v AI�l� f�VµIN77�lnJ � � - �� b�s� P� tt W � UN A� cl� �N �/liDQl�1 CGK � Wr,u�t.A��u f' L�r�--�� s c4 nJ VEEFIGs-/S � j d W ❑WORK SATISFACTORY:PROCEED ❑PHOTO TAKEN � WO ❑CORRECT WORK&PROCEED �CITATION 13SUED Q ❑CORRECT WORK,CALL FOR REINSPECTION ❑ ISSUE CERTIFICATE OF OCCUPANCY V BEFORECOVERING TEMPORARY ❑CORRECT UNSAFE CONDITION WITHIN HOURS. PERMANENT INSPECTOR WILL RETURN ❑STOP ORDER POSTED.CALL INSPECTOR ❑ INSPECTION REQUIRED.CALL TO ARRANGE ACCESS. Call for the next inspection 24 hours in advance.473-7357 Owner/Contractor on site: Inspector. White CopyMspecta's Flle Canery Copy/Site Notica DATE TIME CITY OF ORONO CALLED IN INSPECTION NOTICE ;;CHEDULED PERMIT NO. COMPLETED I' �a7 � �0 /.' � S ADDRESS 3�3lo L�IIZIC. OWNER [' Nw2��S t�EN�cP CONTR. TELEPHONE NO. C FOOTING ❑ PLUMBING RI ❑ FIRE PREV. � � C FRAMING ❑ PLUMBING FINAL ❑ FIRESUPRESSION SYS. � C INSULATION ❑ MECHANICALRI ❑ EXCAVIGRADINGIFILLING y ❑WALL BD. ❑ MECHANICAL FINAL G LAKESHOREMIETLANDS � ❑ FINAL ❑ FIREPLACFJWOOD BURNER ❑TREE REMOVAL Q C DEMO—SITE G WATER HOOK-UP ❑ KENNEL LICENSE � ❑ DEMO—FINAL C METER SET(fURN ON ❑ SITE INSPECTION � ❑ SEWER HOOK-UP ❑ PROGRESS _ ❑ SEPTIC MAINT. �COMPLAINT J ❑ SEPTIC INSTALL. �FOLLOW-UP Z ❑SEPTIC FINAL O ❑SITE WELL � ❑ WELLTESTPUMP � COMMENTS: B�s')4 P,1-e Ph,��v�. 6odtc P�le J �O 7 1 N C..1 -�NGL- D��1C_v iP '�'f11JGt.S o � 1 2 CKGV �c # S3� (3z�C ExP lDEc X� � f ��'J �'o�+D L�c. �' LA� /7 y' Ex�' ivov �'i Q �nrav�na�� v��3�r� I � � 1 9fo�l �! 4V C�uS LiL �Gz2�d.� Co//ec�ro2 tJ/�4� W 2 V��ic.a,1� l�I�r�S n��T VISw�3c,e 1 - r.�l1e �-o. ,�1,� 3 j I �nb oaa- �.. {30FLTS /U�0 �LA-TLS 1p1514�L� d YP►(L�O ONc-� Rc�vc��6�r�d�—c�nr �(.e -�-c� /Y►i31�v77o,w� (0l2�3 SS � ❑WORKSATISFA TORY:PR6CEED ❑ PHOTOTAKEN O ❑ CORRECT WORK&PROCEED ❑ CITATION ISSUED Q ❑ CORRECT WORK,CALL FOR REINSPECTION ❑ ISSUE CERTIFICATE OF OCCUPANCY V BEFORECOVERING TEMPORARY ❑ CORRECT UNSAFE CONDITION WITHIN HOURS. PERMANENT INSPECTOR WILL RETURN ❑ STOP ORDER POSTED.CALL INSPECTOR ❑ INSPECTIONREQUIRED.CALLTOARRANGEACCESS. Call for the next inspection 24 hours in advance.473-7357 Owner/Contractor o ite: Inspector. White Copylinspector's File Canary Copy/Site Notice DATE TIME CITY OF ORONO CALLED IN INSPECTION NOTICE SCHEDULED ,/�- PERMIT NO. co PLETED �,2_/?-Qd �!t OD ADDRESS S L i OWNER CONTR. TELEPHONE NO. � DESCRIPTION � 01 FOOTING 11 MECHANICAL RI i6 WELLTEST PUMP Q 02 FRAMING 11 MECHANICAL FINAL 18 EXCAVICaRADINGIFILLING y 03 INSULATION 24/25'WOOD BURNER/FIREPLACE 19 LAKESHORENVEfLANDS Z 04 WALL BD. 12 WATER HOOK•UP 34 TREE REMOVAL Q 05 FINAL 13 MEfER SETITURN ON 17 SITE INSPECTION � 07 DEMO—SITE 14 SEWER HOOK•UP O6 PROGRESS v 07 DEMO—FINAL 27 SEPTIC MAINT. 21 MPLAINT = 09 PLUMBING RI 15 SEPTIC INSTALL. 22 FOLLOW-UP � 10 PLUMBING FINAL 23 SEPTIC FINAL � OWNERICONTRACTOR TO MEET YOU:_YES_NO y �OMMENTS• a (D � � �� jc O — 5` � � O � W � Q � W W � � d ❑WORK SATISFACTORY:PROCEED ❑PROJECT COMPLETE W � ❑CORRECT WORK 8 PROCEED ❑ISSUE CEHTIFICATE OF OCCUPANCY W O O CORRECT WORK,CALL FOR REINSPECTION TEMPORARY V BEFORECOVERING PERMANENT ❑CORRECT UNSAFE CONDfTION WITHIN HOURS. HOTO TAKEN INSPECTOR WILL RERIRN ❑STOP ORDER POSTED.CALL INSPECTOR ❑CITATION ISSUED ❑INSPECTION REQUIRED.CI►lL TO ARRANGE ACCESS. Ca��for the�xt inspe�ction 2a hours in advance.473-7357 OwnerlContractor-qn site• Inspector. � White CopyAnspecta's Flk Canary CopyISIN N� DF TIME CITY OF O O CALLED-IN INSPECTION NOTICE SCHEDULED PERMIT NO. COMPLETED �� "� j��0�3 ADDRESS ?Z��a L.Y�C. OWNER CONTR. TELEPHONE NO. ❑ FOOTING ❑ PLUMBING RI �GSITE INSPECTION ❑ FRAMING ❑ MECHANICAL ❑ EXCAV./GRADING/FILLING � ❑ INSULATION ❑ WATER HOOKUP ❑ LAKESHORE/WETLANDS � ❑ WALL BD. ❑ METER SET/TURN ON ❑ LICENSING l� ❑ FINAL ❑ SEWER HOOKUP ❑ COMPLAINT � ❑ PROGRESS ❑ SEPTIC INSTALL. ❑ FOLLOW-UP � ❑ DEMOL. ❑ SEPTIC MAINT. ❑ SEPTIC FINAL O ❑ FIRE PREV. ❑ WELL TEST PUMP ❑ FIREPLACE/WOOD BURNER z o Q COMMENTS: z � C i4� Q = I�Ubbc% v+�(v � V t,� L3v� � CM� Pi�IG �� a C��b C�2 ��J � � O � � O � W � Q ti Z W � W � j d W � W ❑ WORK SATISFACTORY: PROCEED ❑PHOTO TAKEN O p ❑ CORRECT WORK&PROCEED V ❑CORRECT WORK. CALL FOR REINSPECTION BEFORE COVERING ❑CORRECT UNSAFE CONDITION WITHIN HOURS. INSPECTOR WILL RETURN. ❑STOP ORDER POSTED.CALL INSPECTOR. ❑ INSPECTION REQUIRED.CALLTO ARRANGE ACCESS. call for the next inspection 24 hours in advance. Owner/Contr. on site I nspector 473'73'Jr1 White Copy/Inspector's File Gold Copy/Site Notice DATE TIME CITY OF ORONO CALLED IN INSPECTION NOTICE SCHEDULED S-LC�-g� O PF'N PERMIT NO. COMPLETED �"�'"�� 3=y� ADDRESS 35310 L�1 R�L OWNER �'�uC.lec �Er�►cE CONTR. TELEPHONE NO. ❑ FOOTING ❑ PLUMBING RI ❑ SITE INSPECTION ❑ FRAMING ❑ PLUMBING FINAL ❑ EXCAV./GRADING/FILLING � ❑ INSULATION ❑ MECHANICAL ❑ LAKESHORE/WETLANDS � ❑ WALL BD. ❑ WATER HOOKUP ❑ LICENSING W ❑ FINAL O METER SET/TURN ON ❑ COMPLAINT � ❑ PROGRESS ❑ SEWER HOOKUP ❑ FOLLOWUP � ❑ DEMOL. ❑ SEPTIC INSTALL. ❑ SEPTIC FINAL Q ❑ FIRE PREV. O SEPTIC MAINT. ❑ FIREPLACE/WOOD BURNER � O WELL TEST PUMP ❑ Q COMMENTS: � � N Q _ � R•y. H Qo«+-r (Za.<<,o J Z � (�1uC.t C�e.wC..-2 cy' �lL�►�C.d �S l�W c�N � a /K•6 xt.lL'�' � J O >. � O � W � Q � Z W � W � � d W � W O WORK SATISFACTORY:PROCEED ❑ PHOTO TAKEN Q ❑ CORRECT WORK 8 PROCEED C.1 ❑ CORRECT WORK.CALL FOR REINSPECTION BEFORE COVERING � CORRECT UNSAFE CONDITION WITHIN HOURS.INSPECTOR WILL RETURN. ❑ STOP ORDEFi POSTED.CALL INSPECTOR. ❑ INSPECTION REQUIRED.CALL TO ARRANGE ACCESS. call for the next inspection 24 hours in advance. Owner/Cont on site I nspector 473-7357 White/Inspe or's File Canary/Site Notice ` � � MEMORANDUM IN SUPPORT OF � DECISION FINDING TEMPORARY CERTIFICATE OF OCCUPANCY REVOKED AND HOUSE AT 3536 LY�2IC AVENUE IN VIOLATION OF UNIFORM BUILDING CODE FACTS The structurally inferior condition of the house located at 3536 Lyric Avenue ("house") and presently owned by Mr. Charles Henke has been of issue with the City of Orono ("City" ) for many years . The house lacks a structurally solid foundation and footings and instead is precariously resting on cement blocks which do not adhere to each other . Furthermore, the cement blocks do not extend below the frost line. Such a condition is in violation of the Uniform Building Code (UBC) and the State Building Code (SBC� Section 2907 . In addition to the footing and foundation violations , the roof on the house is in a state of disrepair and does not provide adequate protection from the elements . As such, the roof is in violation of UBC/SBC, Sectio�. 3212 . Mr. Henke was allowed to move into the house on December 23, 1983, on the condition that he comply with the UBC/SBC by installing footings, a foundation, and by repairing the roof . July 31, 1983 , was the agreed upon completion date. Such conditions were set forth in a Temporary Certificate of Occupancy. : Mr. Henke signed the Temporary Certificate of Occupancy and moved into the house with full knowledge of the City' s expectations and the fact that he was in violation of the respective codes . The City, as testified to at the hearing, would not have issued the Temporary Certificate of Occupancy had the City staff knowledge y - �, � , that Mr. Henke did not intend to abide by the conditions agreed upon. The house, at the time it was purchased by Mr. Henke was severely deteriorated with filth and debris strewn throughout the premises . As such it posed a threat to the public health, safety and welfare of .the community. Upon the death of the previous owner and prior to Mr . Henke' s interest in the property, the City had posted the house to give notice to all perspective purchasers that any future occupant would need to obtain a Certificate of Occupancy from the City. At the same time, the City began to take steps to condemn the house. Upon notice that a Certificate of Occupancy was needed from the City, Mr . Henke contacted the City Inspector, Mr. Thomas Jacobs, to discover what remedial steps were needed to be done in order to make the house habitable. Mr . Henke told the City Inspector that he intended to live in the house until the summer, at which time he would tear the structure down and build a new house. Even with such a statec�. objective, the City Inspector listed nine improvements that had to be made before the house could be inhabited on a temporary basis. The unsound footings and foundation were not detected at this time due to the existence of hay bales around the base of the house. After Mr . Henke completed the majority of the improvements, � Mr. Henke notified the City Inspector that he had changed his mind and that now he intended to make the house his permanent dwelling. Mr. Jacobs then stated that under that condition, the footings, foundation and roof would have to be repaired prior to the issuance of a Certificate of Occupancy. Due to the winter cold and the • -2- � - f difficulty the weather posed for construction, the fact that Mr. Henke apparently needed immediate housing, and the fact that he had cooperated with the City to this point, the City agreed to issue a Temporary Certificate of Occupancy with the conditions that the roof, footings and foundation be repaired by July 31, 1983 . Since the signing of the Temporary Certificate of Occupancy Agreement by Mr. Henke, the City has encountered nothing but resistance from Mr. Henke and his refusal to fulfill the terms of the Agreement. Initially, the City attempted to work with Mr. Henke to facilitate the repairs . The City provided Mr. Henke with information regarding available community development block grant monies that would have substantially reduced the costs of improvement to Mr. Henke. Although he indicated to us that such application had been made, Mary Anne Hernandez, a representative from the office administering such monies, denied hearing from Mr. Henke. See Exhibit A. The City al^o provided Mr. Henke with information regarding alternative pier footings and foundation types in order that the building be made secure at a minimal cost to him. As testified to at the hearing by the City inspector, it was apparent that Mr . Henke chose to ignore this information and instead obtained quotes for repairs that involved work beyond what is necessary to meet the � UBC/SBC regulations. Mr. Henke' s adamant refusal to remedy the structural defects of his house, forced the City to seek redress in District Court. A citation was issued to Mr. Henke on September 21, 1984, citing Mr . Henke for his violation of UBC/SBC Section 2907. The City Attorney -3- � - � had the matter set for hearing but later continued it for dismissal until July 23, 1985, upon the decision of the City Council to allow Mr. Henke additional time to complete the necessary improvements . The City Council arrived at its decision to extend the period after holding a public hearing on the matter and allowing Mr. Henke to testify. Subsequent to the hearing, a letter from the City Attorney was sent to Mr. Henke setting forth an explanation of the City's position. See Exhibit B. Mr. Henke did not correct the hazardous condition of his property in the extended time period. Instead, he steadfastly adhered to his position that he did not have a duty to correct the deficiencies of his building. On October 10, 1985, the City notified the District Court that a trial date was needed as the matter had not been resolved. A trial was set for June 10, 1986 . Subsequently, the prosecution was dismissed by the prosecutor upon consultation and agreement with the City staff that successful pr�.secution of the matter would not afford the City a remedy that would cause Mr. Henke to make the repairs. Therefore, the City has chosen to pursue condemnation of the house as provided for in UBC/SBC Section 203 . To that end the City staff has requested a hearing before the Administrative Law Judge in order to move forward pursuant to Section 203 . ` ANALYSIS Section 2 .01 of the City of Orono Municipal Code (code) incorporates by reference the State Building Code, 1982 edition, as amended by rules published and adopted in the State Register date8 -4- � - r February 21, 1983 . The State Building Code, in turn, adopts by reference the 1982 edition of the Uniform Buildinq Code. Minnesota Rules 1305. 1000, Section 307, allows municipalities to require Certificates of Occupancies for single family dwellings. Section 104(b) of the UBC/SBC states that although . alterations and repairs may be made to a building without requiring the whole building to comply with all the requirements of the code, the alterations and repairs shall not cause an egisting building or structure to become unsafe or over loaded. The improvements made to the structure by Mr. Henke prior to his occupying have increased the urgency for the improvement of the footings and foundation. The interior of the house which previously was constructed of cardboard ceilings and walls was completely sheet rocked. In addition, a wood burning stove and appliances were aaaea to the house. Such changes have increased the weight of the home, thus causing the cement blocks supporting the house to become even more structurally unsound and stressed. Furthermore, Section 203 of the UBC/SBC, which operates independentaly of Section 104(b) , declares that any building that is structurally unsafe or otherwise dangerous to life is a public nuisance. Public nuisances, as set forth in the code, must be abated by repair, rehabilitation, demolition or removal. In the � instant case, the Henke house is a public nuisance. The structural unsoundness of the building poses a threat to the neighborhood. Children can easily crawl under the house and become seriously injured should the blocks supporting the house shift. Such a shift could also injure Mr. Henke should he be near or in the house. -5- � � T In its attempt to honor Mr. Henke' s property rights in the house, the City has been diligent in affording Mr. Henke ample opportunity to repair the home as well as to be heard before the City Council. The City staff has worked with him over a period of years, but to no avail . In addition to providing Mr. Henke with information about alternative ways to meet the code requirements as well as to obtain financial assistance, the staff encouraged Mr. Henke to provide the City with an analysis from a certified professional engineer that the building was in fact sound. Mr. Henke chose not to buttress his assertions in this, or any other, way. None of the City' s actions have elicited Mr. Henke's cooperation. Instead, Mr. Henke has unalterably refused to live up to the terms of the Temporary Certificate of Occupancy that he signed. Moreover, Mr. Henke has refused to come forward with any . professional support for his repeated assertions that the building is structurally sound. CONCLUSION Given the hazard the building poses to the City and its residents, it is critical that the City take steps to enforce the Temporary Certificate of Occupancy revocation and to condemn the building. To ignore the unsafe conditions posed by the grossly � inadequate concrete block footings would be negligence upon the City's part . As testified to at the hearing, Mr. Henke's total investment in the house, including land and improvements has been approximately $17,000.00. As the price indicates, Mr. Henke -6- � ' 1 benefited from his knowledge of the inferior conditions of the house when he purchased it . It would be very unfair to allow Mr. Henke to now maintain that the house is structurally adequate and in no need of structural repair. Therefore, the City requests that the Administrative Law Judge find that the Temporary Certificate of Occupancy be revoked and further recommend that the City take steps to remove the building. DATED: February 20, 1987. POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. By ,�hlv.-- _ �. Kathleen A. Blatz 4344 IDS Center 333-4800 Minneapolis, Minnesota 55402 6106e � -7- 1 ' r . • h� . t _. • t• ' ' . . _. :,.y....-..__ _...�.�.:�...r..�..-�—� ��. .��.,�d�4�.es . -a.r.. .� . - . . . � . ' � � `.M,ti,..w J'•' _ . � � . �.:...:•y'p 4FFICE OF PZA.�i�6�G �c DtV�tOPiUENT ;•'�;�: . � � C-2353 Ga�l��m�nt CenfiEr �yr_�• . , , ^ Ninneapolis, tUinn��ota �5�87 -•..•• � � tict��.t�:t� . � . . . : . � �612) 348-6�18 . .� .� : _ . : _ ,. . . � � . : . . . . " . - : � y . . . . - . ; . - . . . . j;. : .. :. .. . � �. - _ � .. � .. �uiy s...��sss � . . � . . � ' �_ . . .- � � - � � . . . � � .: , ,. _ . .. � ,. !"r. Char7es Kenke � .� - . . . � , . • . ;s� �;t.,�:��.,�,. t,., ._ � . . .. , .�:_ ,�.r� ' � . . � - . `�:�yr�a;�+�J 55391� . - .• . ` � � � . .� - . . .; �ar Mr. Henke:�� . . . . .' . � � � . . � � . .. � Last rr�ek Mr,. Jacobs. EuilQing Insp_ctor for Qrorco. catied to � � � . inquire on the st�tus of ��car �palicaticn fcr a gra�t. ke �:; �ndicate4 yQu had sent in ti:o �Fp�ictitfo:ts. . . � ?-c , � , . : . . _ , �=� � i haNe �o.r�cord of receiving yaur z(��iicatia�s.. 1 have er.closed j � anatt�er a�piicatean as a;eil �s a�self-eddressed eoveto?� for :: ' � - ; .�, � .- your coav�nt�nce. � _ . . . `� .� .. � . . . . . . - � . � _� � .. � .- �; : � . � There er+� ]irisi ted funGs i n ths� Ci ty af Qrnno. so i t 1 s ii�ortant . :=� _; ':• . . � Lo�ccs►t�ct cr� ar r�turn your �p�liCtLion. �. : . _ . . l -: . .. ., . . . . . If yo� have zny qs�esti.ans.. piea:e call a� at 348•7695. � i � • . ' , S�ncerely. . ... .. . • - - . ir `.� ✓ ,�i�i�n�.��./L�.a nd'.�.� . -. . ' .. � �� ''�;:��'`he:Her�,:ridez ., :�� . ... .. .� ... _ . . = �S . , . , � . .. .. ,- • . . . „ .-- Enclosures � - ' � � , . . '. � '-. .:. . . � cc i'om daco5s _ . • .. . . .. - : � - _ • � � � � � � . � . � . • _ � .I � .t' 1-. . .. • .. • ' � ' . ' ' ... . ± . . ! f . - "... ' .' . . � . . •• .� ' . a- . . . � .. .. .. "y. . . • - . . . . � • . , ' . . . ' ' � • . . -a - • � . � . . � . .' - . � . - . � . , . � _"�'� � ��. . . � � . . � � �. � � . � H�NNEPIN COUNTY� � � :, . . . . ,:�:� � � � . . . � � . . . . . . , . , :'�.� - • . : . - cn¢quat opportunlry amploy¢r : •, , � ., . . .; �i ' • � � ' • � .:; ..._ _ EXHIBIT A — . � • : ;:� �: � 1 / � � , . � . . . . v i POPHAM, HAIK�SCHNOBRICH, KAUFMAN b� DOTY, LTD. •344 105 CENTER MINNEAPOLIS, MINNESOTA 85�02 rc�c��o�c wro n�ceo�isw a�z-aaa-seoo ; WArH[ O.rOPMAM CL1��OR0 M.OqCCN[ dOMN C.CMILDf l060 rETRO-L[WI!T'OWCN R06[N W.iCMNO.RICM O.WIlL1AM KAV�MAN OOU61J►S R E[ATON 717 SCVCNTE[NTN {TRECT OENVCI� IG►Y�MAN M�CMAEL O.�RCEMAN TMOMAi [.SANN[R ' OENVER�COLORADO AO�OZ DAVID f.OOTY TMOMAS G.OAOUILA SRUC[ •.MePM[[T[Rf 1(L(►NOM[ AMD T[LCCOrI[�1 RO/CI�T A.MINIir� LnRRr O. [Sr[L Owwr O.�LACKiORD �O�-2Y2-2it0 AOL�C A.WOROCN .JANIE f. MArEROM SCO� L•AtCMTCR ' O.MARC WMITCM40 TMOMAS J. �A1�RCTT 6R[OONY l'.W��M[S � •RUG[ O.W1Lt13 > JAMCS A.rAYN[ E112A�[TM A.TMOMISON SUITC�Ot�2000 L ETIICET�N.W. /RCDCRICtt S.RICMAROS OAVID A.JON[S TIMOTMY w.KUCK - � . WAgNIHGTON�D.C. Y0036 _ O.AO�C11T JOMN50N lCC C.iMECMY KCITM J.MALIClANO T(�(rNONC ANO TCL6C0►�C�I OARY A.MACOMOE�1 LCfl1[ GILLCTT[ TMOMAs C.MICLCNMAUfCN =02-ses�6184 ROS[RT f.�URK MICMACL T.N11I.N iTNEN I.IOW[NTMAL � F1UGM V.►1.YNKCTT.� ROSC/iT M.4YNN rt/►TMLC[N A.�{.ATZ r1�CDEWICK C.�ROWN I�O�CRT C.M014N[N MICMACL O.CMRISTCNiON TMOMAi K.oERO STCVEN G.MCIKCNS J•MICMACI iCMWART2 •WUCE D.MAIKCRfON � TMOMAS F. NCIfON LJ�RAYC M.05�ORN[ JAMEi R.ET<ILEN TMOMAS .1.AADIO � JAMCi �.IOCKMANT OAVIO L.MASMMALL OI COYM�iI ALICN W.MINOCAAKER KATML[CN M.MARTIN iNEO L.MORNIfON � February 19, 1985 Mr. Charles iienke � . 3536 Lyric Avenue Wayzata, MN 55391 , _ . Re: Buildinq Located at 3536 Lyric Averrue - Dear Mr. Henke: � This letter represents the City's position regarding the installation of a fcundation and footings under the structure on your property. FACTUAL BACKGROUND On June 4, 1982, a building permit was issued to you enabling you to improve the above-cited property, with the understanding that you would, � with these improvements, make the house livable through the winter, then build a new house on the � property in the summer. Durinq a framing inspection on September 24, 1982, you indicated to the Orono inspector that you were considering living in the house. The inspector explained at that time that you would need to install footings and a foundation for � ` the house. On February 23, 1983, with the understanding that you were going to live on the property while repairing it, a � temporary Certificate of Occupancy was issued, which included several items needed to be completed. These items included footings and a foundation to be completed by July 31, 1983 ' i • , "i . �'�� _ . _ .... . _. .. . . . . . . . � _ EXHIBIT B _ 1 � 1 . , . � . / � � � February 19, 1985 Page 2 In another inspection meeting between yourself and City inspectors on July 19, 1983, you were informed that frost footirigs were rec�uired by state code and were given options as to how those frost footings could be installed. As of the date of this letter , the footings and foundation have not been installed. „ As part of the plea negotiations regarding your misdemeanor charges, the City has given you until July 31, 1985, to have the frost footings and foundation installed underneath your � structure. The State Building Code (SBC) and Uniform Building Code (UBC) , as adopted by the City of Orono, require such footings and foundation. I have enclosed copies of Section 1305.5400 of the SBC and Section 2907(a and b) of the UBC for your review. I have also enclosed a copy of the temporary Certificate of Occupancy you signed indicating that footings and foundations were to be completed by July 31, 1983. NON-CONFORMING STRUCTURE EXCEPTION � You have asserted that you need not install a foundation or . footings because your structu�'e is s non-conforming structure. _ Orono Ordinance S 10.02t473 . This definition, however, does not provide an exception to the requirements of the State Building ' Code in this circumstance. Section 10.03, subd. 5J, provides that the non-conforming use provisions of the zoning chapter do . ' not apply to situations where factors not involving the use of the premises prevents strict conformance with the requirements of the zoning chapter. Orono Ordinance S 10.03, subd. SJ. Subsequent to your building permit application, the City could thus require such compliance to the applicable building code prior to the issuance of any Occupancy Certificate. Furthermore, Orono Urdinance S 10.07, subd. 2, provides that "Any certificate issued upon a false statement of any fact whicn is material to the issuance thereof shall be void. ' Your � representation to the City Building Official that you would be • installing the footings and foundations while at the same time having no intent to do so constitutes a false statement, resulting in the Certificate of Occupancy being void. Moreover, the Temporary Certificate of Occupancy itself states that unless the footings and foundations were completed by July 31, 1983, and � the roof be replaced by that same date, the certificate would also be void. -' •d.:} >t i:':: . . �t-i' �t.^...'t. _ " '•r.�- '� . 1 �� . I .� ' ` . � • . •• February 19, 1985 Page 3 If you do not install �he footings and foundations beneath the house by July 31, 1985, or obtain a variance, the City will be in a position to determine whether the Temporary Certificate of Occupancy is void, thereby prohibiting any occupancy by yourself. The City may also then proceed to declare your building hazardous and commence a hazardous building action to raze the building. If you have any questions regarding this matter, please call me. If you wish to apply for a variance, please contact Jeanne Mabusth or Tom Jacobs at the City offices. Very tru y yours � � . Thomas J. adio • � " - - - City Attorney for the �� ' � City of Orono TJR/�f. � , . Enclosures - cc::: -:I+ir:='John Ge=hardson -ris. ,-Jeanne��labus th r; Mr. �Thomas� Jacobs 5285f :: . .•� . . � . � . ' . ; � - . . ... , . .._�:• `: ..,.,::;�;'� ,;;�: . " � � ° � - �_ � �'�• �� •y r�y� ^ ; � ,~` t� • ��'y'• • � .. • .. rv � �r�y. : 3 ,y ;,,�'< ,,S �; 'S. �'� -- a �A �c•': j' �^r�r�c .. Y ,��„�.M ' . - • -- . .. ._..... . ._ . � , _� rr .;...yiTj`�{._��a�^tF�i'4�` -—i• =F ' . , .' w .;. --+. �r:' •.�� i ,,�t :'.a., ,. . � . . �` ��'. �2. - - . . .�� .¢: ' . � � � , ,/%',,.,f`� . ,,, . r• ,�' . i`'`f.... STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 400 SUMMIT BANK BUIL�ING 310 FOURTH AVENUE SOUTM MINNEAPOLIS. MINNESOTA 55415 (612) 341•7600 February 26, 1987 Dorothy Hallin, Orono City Clerk C/0 Kathleen Blatz Attorney at Law 4344 IDS Center Minneapolis, Minnesota 55402 Re: Matter of Certificate of Occupancy of Charles Henke , 3536 Lyric Avenue, Wayzata, MN 55391 ; OAH Docket No. CITY-87-012-BC, 2-2101-1222-3. Dear Ms. Blatz: Enclosed and served upon you by mail , please find the Findings of Fact, Conclusions and Recommendatlon of the Administrative Law Judge in the above-entitled matter. I also enciose the official record. and I am closing our file in this matter. Yours very truly � BRUCE D. CAMPBELL Administrative Law Judge � Telephone: 612/341-7602 B�C:Ir � Enclosures cc: �Kathleen Blatz • _ Charles Nenke � AN EOUAL OPPORTUNITY EMPLOYER " , . .��,ssc t �, l CITY-87-012-BC . � 2-2101-1222-3 . STATE OF MINNESOTA � OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF ORONO In the Matter of the Certificate of Occupancy FINDINGS OF FACT, of Chartes Henke, 3536 Lyrit CONCLUSIONS AND Avenue, Wayzata, MN 55391 RECOMMENDATION The above-entitled matter came on for hearing before Bruce D. Campbell . Administrative Law 3udge from the Minnesota Office of Administrative Hearings. acting as Hearing Offlcer for the City of Orono� in Minneapolis, Minnesota on January 30, 1987, pursuant to a Notice and Order for Hearing dated December 31 , 1986. Appearances: Kathleen A. Blatz. Attorney at Law, 4344 IDS Center, Minneapolis, Minnesota 55402, appeared on behalf of the City of Orono (City or Complainant> ; and Charles Henke, 3536 Lyric Avenue, Wayzata, Minnesota 55391 (Mr. Henke) , appeared on his own behalf without counsel . The record herein closed on February 20, 1987, after receipt by the Administrative Law Judge of the final post-hearing brief. Following the issuance of this Report, `.he matter will be consldered by the Orono City Council which has the ultima�e authority to accept, modify, or re�ect any of the Findings or Concluslons, as well as to make the�finat decision regarding the Certificate of Occupancy issued to Charles Henke for the property at 3536 Lyric Avenue. Wayzata, Mlnnesota 55391 . Persons desiring to file exceptlons to this Repc�t must do so within ten days of the date of this Report. Except�ons should be speclfit and must be � served on the opposing party and filed with the City Clerk of the City of Orono. Ner address is: Dorothy Ha111n, �City Clerk. 1335 South Brown Road, Orono, Min�esota 55323. Persons desiring to appear before the City Councit in connection with this matter should, atso, contact the City Clerk of the City of Orono to determine the meeting at which the City Council will conslder this Report. The provisions of the Minnesota Administrative Procedures Act relating to contested cases, Minn. Stat. §§ 14.57 - 14.69 (1986) , do not apply„to this proceeding. . . . ' . . � � , STATEMENT OF ISSUES - - - ' 7he issues to be determined in this proceeding are whether the Conditional Certificate of Occupancy issued to Charles Henke for the property� located at 3536 Lyric Avenue. Wayzata, Minnesota 55391 is void for failure to install footings and a foundation and repair the roof, and, ff so, whether the � building must be vacated. . � � , • � � Based upon the evidence presented at the hearing, and on all the files, records and proceedings herein, the Hearing Officer makes the following: . FINDINGS OF FACT 1 . The City of Orono is a municipal corporation organized under the laws ! of the State of Minnesota. It has, by ordinance, adopted the Uniform Building Code as of 1977. Orono Municipal Code, sec. 2.01 . � 2. Some time prior to the spring of 1982, the owner of the property located at 3536 Lyric Avenue, Wayzata, Minnesota. died in the structure. His body remained for a period of time in that building. Upon recovering the body � f rom the structure. police officials became concerned with the dllapidated � condition of the building generally, and its interior in particular. City Ex. 2. The police requested that the property be posted as a health and � safety hazard. The building was placed on a list for ultimate condemnation. Any future occupancy of the structure would require a certificate of occupancy. 3. In May of 1982, Mr. Henke was seeking a 1ow-cost structure in the metro area to occupy while he constructed a new dwelling. He investigated distressed properties in and around the Tw1n City area. The property at 3536 Lyric Avenue in Orono came to his attention. 4. Prior to signing a purchase agreement, Mr. Henke wished to determine the cost of improving the structure so as to allow temporary occupancy. On May 10, 1982, Mr. Henke met with the City Building Inspector, Mr. Thomas Jacobs, and inquired about improvements to the property necessary for � occupancy. He told Mr. Jacobs that he wished to live in the existing structure temporarily while he built a new residence on the lot. Mr. Henke is a tonstruction worker who works in various parts of the Country. 5. On May 11 , 1982, Mr. Jacobs inspected the property. Ne subsequently provided Mr. Henke with a list of improvements required for occupancy of the structure. Henke Ex. A. The Notice of Inspection does not state that any repair work or alteration to the foundation and footings would be required for occupancy. Henke Ex. A. It does state that reroofing would be required. 6. At the time of the inspection by Mr. Jacobs, the foundation of the house was visible. � 7. On or about May 11 , 1982, Mr. Henke entered into a purchase agreement for the sub�ect property. Henke Ex. B. On June 4, 1982, he received a - building permlt from the City of Orono, signed by Mr. Jacobs, for the improvements required by Mr. Jacobs on May 11 , 1982. Henke Ex. C. � 8. On July 21 , 1982, Mr. Henke entered into a second purchase agreement , for the property. which superseded the previous agreement dated May 11 � 1982. . The purchase price of the property was approximately $13,000. ' 9. Someti.me after Mr. Henke entered into the second purchase agreement on July 21 , 1982 and sometime prior to the issuance of the temporary Certificate .of Occupancy on February 23, 1983, Mr. Jacobs inspected the sub�ect property. Mr. Henke told Mr. Jacobs that he no longer intended to occupy the structure temporarlly and would make it his permanent residence. -2- , �' a , Mr. Jacobs responded that, in addition to the renovations required on May 11 , , 1982,. Mr. Henke would be required to install footings and a foundation complying with the requirements of the Minnesota Uniform Building Code, which ' has been adopted by reference in the City of Orono. UBC §§ 2907(a) ; 2907(b). 10. On February 23, 1983, a temporary Certificate of Occupancy aas• issued to Mr. Henke. Henke Ex. G. 7he temporary Certificate of Occupancy required the installation of footings and a foundation for the structure, in accordance with the Uniform Building Code, to be completed by July 31 , 1983, and a reroofing of the structure, also in accordance with the Code, to be completed by July 31 , 1983. Although Mr. Henke signed the temporary Certificate of Occupancy agreeing to make the corrections, his only alternative to signing the document would have been to vacate the premises, where he was then living. 11 . The structure at 3536 Lyric Avenue was initially built nbout 1935 and was, certainly, standing prior to the adoption of any applicable bullding code by the City of Orono or the State of Minnesota. Henke Ex. E; Henke Ex. F. 12. The support for the house consists of stacked cement blocks placed at the corners of the structure. City Ex. 4; City Ex. 5. The blocks have no mortar or other fixative as now required by the Uniform Building Code. The weight of the house presses the blocks together, supporting the structure. The cement blocks currently used are not the original support blocks. They have been replaced periodically as needed. 13. There is no evidence in the record that any footings for the strutture extend down into the frost line as now required by the tlnlfcrm Building Code. 14. Since the date of the photographs showing the condition of the support for the house, September 21 � 1984, the metal I beam shown under a portion of the structure has been removed. It was not required to support the structure but was apparently used as a point of leverage when blocks were requlred to be replaced. 15. The terrain upon which the blocks rest is unfinished, conslsting of loose earth sub�ect to erosion and movement from ctimatic conditions. City Ex. 4; City Ex. 5. No other structure in the area is supported solely by unmortared, stacked blocks resting on unimproved ground. 16. The improvements made to the interior of the house have placed an additional load on the support structure. � 17. In July of 1983, Mr. Henke ob�ected to making the repairs required in the conditional Certificate of Occupancy and refused to install etther � footings or a foundation as now required by the Uniform Building Code. 18. On July 19. 1983, City officlals, including the Bullding Inspector, � met with Mr. Henke at his property and discussed with him the use of a wood � foundation and alternative.pier footings. �Mr. Henke refused to use any of the less costly alternatives suggested by Mr. Jacobs. 19. On an unspecified.date in 1983, after the July 19, 1983 meeting, Mr. Henke was cited for a criminal violation of the ordinances of the City of Orono because of his failure to comply with the temporary Certificate of -3- � �' , u � Occupancy. 7he City subsequently af�tlnes and foundationharge and gave Mr. Henke a date for completion of the 9 � 20. In October of 1984� Mr. Henke appeared before the City Council and � explained his opposition to installing the required footings and foundation. He asserted -that since the structure was standing at the time of the effective date of the Uniform Building Code and the zoning ordinance of the City of Orono, it was a pre-existing, non-conforming structure, exempt from the footing and foundatlon requirements contained in the Code. � 21 . By Notice of Council Action dated October 19, 1984, the City Council approved an extension of the Certificate of Occupancy until July 23, 1985, conditioned on Mr. Henke installing the new roof and approved footings and foundation for the structure. City Ex. 8. Mr. Henke adhered to his original position that the City could not require him to install the footings and foundation required by the Uniform Building Code. He did not comply with the Notice of Council Action. 22. By letter dated February 19, 1985, the City Attorney for the City of Orono informed Mr. Henke that the City did not accept his position that the � footings and foundation could not be required of a pre-existing structure. He was also informed that failure to comply with the Council 's action by July 31 , 1985, would result in a nullification of the temporary Certificate of Occupancy, requiring Mr. Henke to vacate the premises. City Ex. 9. Mr. Henke per5isted in his refusal to install the footings and foundation. 23. On March 20, 1986, the City filed a criminal action in Hennepin County Municipal Court against Mr. Henke for the asserted violations of the Orono City Ordinances and the Uniform Building Code. City Ex. 7. There is no � evidence 1n the record of the current status of that criminal proceeding. 24. By letter dated September 10, 1986, the Building Inspector informed Mr. Henke that his persistent refusal to install the footings and foundation � required by the Unifarm Building Code would result in the City revoking his Certificate of Occupancy, requiring him to vacate the premises. In addition, � the City stated it would initlate a ;azar�ousHenkedwas glvennuntijr Minnesota Statutes § 463.16 (1986). City Ex. 0 September 30� 1986 to request a hearing on the revocation of his conditional � Certificate of Occupancy. City Ex. 10. 25. By letter dated September 30, 1986, Mr. Henke requested a hearing on the revocation of his conditional Certificate of Occupancy. C1ty Ex. 11 . 26. The current structural support for the buildinq. _consisting of unmortared� statked concrete blocks resting on unfinished soil , creates a hazardous condition. The structure might slide because of increased interior weight or a shifting and .erosion of the untreated soil from water runoff or � other conditions. Photographs of the structure shov+ that the blocks are � already deviating from a straight vertical line. City Ex. 4; City Ex. 5. The condition 1s dangerous not only to Mr. Henke but also to persons. including : chlldren. who might be on the property and possible subsequent owners of the :. property. _ 27. There is no evidence in the rhuman life orecreatestaCcondition�f the roof on the structure is dangerous to . � adverse to publlc health or safety. City Ex. 10. � -4- � l r' I 28. The City may requtre a Certificate of Occupancy as a prerequisite to ` . occupying a residential structure. UBC § 307(a) ; Minnesota Rules part 1305. 1000 (1985) . Based on the foregoing Findings of Fact, the Hearing Officer makes the following: CONCLUSIONS 1 . The Orono C1ty Council and the Hearing Offlcer have sub�ect matter �urisdiction herein. 2. Charles Henke received timely and proper notice of these proceedings. 3. The C1ty has complled with all substantive and procedura� requirements of statute, rule and due process and the matter is properly before the Hearing Officer. 4. The City must establish by a preponderance of the evidence that Mr. Henke has knowingly falled to comply with a condition of occupancy that it could legally impose.� 5. Mr. Henke is not estopped from asserting the invalidity of the occupancy requirements imposed by the City even though he signed the temporary Certificate of Occupancy. _ 6. The City is not estopped by the conduct of Mr. Jacobs from requiring the abatement of a property condition dangerous to public welfare and safety. 7. The current system of support for the structure, as described in Finding 12, results 1n a condition which is dangerous to human life. See Finding 26, supra. 8. The provision in the Uniform Building Code exempting pre-exlsting non-conforming structures from compliance with the Code does not apply to a pre-existing structure containing a condition dangerous to human life. UBC § 104�c> (1982) . 9. As a consequence of Conclusions 5-9, suprd, the City has established by a preponderance of the evidence that Mr. Henke has knowingly failed to comply with the footings and foundation requirement of his temporary Certificate of Occupancy, a condltlon it could legally impose. � 10. The City has not established by a preponderance of the evidence that the current status of the roof on the structure creates a condition adverse to the public health or safety. � � - � � . � 11 . Mr. Henke may not continue to occupy the structure in the absence of a valid Certificate of Occupancy. See -Finding 28. supra. _ 12. Any Finding of Fact more properly termed a Conclusion; or any Conctusion more properly termed a Finding of Fact is hereby expressty adopted as such. - � -5- " . . . ` t_ P, � , Based upon the foregoing Conclusions, the Hearing Officer makes the fol lo�ring: � RECOMMENDATION It is the recommendation of the Hearing Officer to the City of Orono that it declare the conditional Certificate of Occupancy issued to Charles Henke void and require the vacation of the structure unless, wlthin thirty (30) days from the date of its Order, Mr. Henke secures the appraval of the Build9ng Official for a system of support for the structure which complies with Chapter 29 of the Uniform Building Code and completes the installation of that system wlthin ninety <90> days of the date of its Order. The 5ystem of support for the structure required by the Buiiding Official should be tf�e least costly alternative which is consistent with the value of the structure and the requirements of Ch�pter 29 of the Unlform Building Code. : ? Dated thi s i��'�ay of , 1987- � � % r ,., � � ��. C� . � -BRUCE" . CAMPBELL Administrative Law Judge NOTICE It is respectfully requested that the City Council provide the Hearing Officer with a copy of 1ts decislon herein. Reported: Tape recorded. MEMORANDUM The City seeks to require Mr. Henke to vacate the structure at 3536 Lyric Avenue for �n asserted violatton of the temporary Certiflcate of Occupancy, issued on �ebruary 23. 1983. That certificate required the lnstallation of footings and a foundation in accordance with Chapter 29 of the Uniform Building Code and repair of the roof. Mr. Henke did sign the temporary Certificate of Occupancy� agreeing to make the modificatlons to the structure. See Finding 10, supra. Mr. Henke, however, asserts that the requirements are invalid and his agreement was obtained under duress. Mr. Henke also reltes on two separate grounds for refusing to install the required footings and foundation: the status of the structure as a pre-existing, non-conforming structure; and ettoppel against the City. It cannot be seriously contended that Mr. Henke voluntarlly agreed to E lnstall the requisite footings and foundat_ion so as to prohibit him from now . contesting that requirement. A party is not estopped to. attack an action or transaction of a municipality when that party was entitled to the benefits ' received as a matter of right and regardless of the action or transaction in question. 0'Hara v. Citv of South Fort Mitchell � 290 S.W.2d 455 (Ky. 1956) . Gulf C & 5 Frv Co. v. White, 281 S.W.2d 441 (Tex. Civ. App. 1955). If the City could not legally requlre Mr. Henke to conform to the footings and foundation requirement of Chapter 29 of the Unlform Bullding Code. he was -6- . .. 3 �� ' . entltled to the Certificate of Occupancy received as a matter of right. The - CitX could not impose unauthorized conditions on that occupancy and require acceptance or vacation of the premises. Nor is there any element of detrimental reliance on the part of the C1ty which would, in any way, give � rise to an estoppel against Mr. Henke. Lovell v. Citv of Kearney. 200 Neb. 478, 263 N.W.2d 867. 868 (1978> . Hence, Mr. Henke is not estopped from challenging the right of the City to require the installation of conforming footings and foundatlon at the sub�ect property. See State ex rel . Democrat Printing Co. v. Schmiege, 18 Wis.2d 325, 118 N.W.2d 845, 851 (1963> . . Throughout his dealings with the City, Mr. Henke has asserted that the structure is a pre-existing, non-conforming structure to which the provisions of the Uniform Bullding Code, adopted by reference in Orono, have no application. It is clear that the structure 1n question was built before the effective date of the Orono ordinance adopting the Uniform Building Code and, in fact, prior to the formulation of the Code. Mr. Henke relies on section 104(b) of the Code which states that an alteration or repair to a structure may be made without requiring the existing building to comply with the Code as : long as the additional alteration or repair does conform to the Code. Section 104(c) of the Code, however, provides: Buildings in existence at the time of the adoption of this Code may have their existing use or occupancy continued, if such use or occupancy was legal at the time of the adoption of this Code, provided such continued use is not dangerous to 1ife. Hence, while an existing building need not automatically be brought up to all of the standards of the Uniform Building Code when construction, alteration or repair takes place, no condition may be perpetuated which is "dangerous to life", even if the structure was in existence at the time of the adoption of the Code. � 7he Administrative Law Judge need not decide whether the unmortared block support structure for the house was appropriate when the structure was built in 1935; he need only decide whether the existing condition constit��trs a danger to human life. The Administrative Law Judge doe� �ate, however, that no other structure in the area has a similar method of support. The Building Official testlfied that the unsecured support system did � create a condition dangerous to human life. The photographs of the support ` system for the structure, City Exhibits 4 and 5, shoa that the blocks are currently deviating from a straight horizontal line and that the ground on which the support rests is sloping. unflnished and sub�ect to erosion from water runoff and other climactic conditions. If the house left the blocks serious i��rYoccudanthof�the housetandTchildrentwho might play�under they Mr. Henke but a y p � structure. � Mr. Henke offered no testimony to contest the expert opi�ion of the Building Official , except to state that the structure has stood since 1935. � The photographs, however, show that the blocks are not original . It 1s entlrely possible that the house has come off the support blocks in the past. Mr. Jacobs had requested that Mr. Henke provide a statement from a structural engineer that the support system did not create a dangerous condition. Mr• -7- : ' � r , . Henke did not do so, assertedly because of cost considerations. Given the � status of the record, the Administrative Law Judge can only conclude that the current support system for the structure does create a condition dangerous to � human life. Under such circumstances, section 104(c) of the Uniform Buildlnq - Code authorizes the City to require the abatement of the dangerous condition. Finally, Mr. Henke claims an estoppel against the City. He asserts that Mr. Jacobs was asked to provide a list of improvements necessary and that he relied on that list in deciding to purchase the property. Since the list did not include footings and a foundation and he purchased the property subsequent to receiving the list, Mr. Henke argues that the City is now estopped from imposing additional requirements. In Brown v Minnesota Department of Pub11c Welfare, 368 N.W.2d 906, 910 (Minn. 1985) , the Minnesota Supreme Court summarized the law of government estoppel as follows: To establish a claim of estoppel , plalntiff must prove that defendant made representations or inducements, upon which plaintiff reasonably relied, and that plaintiff will be harmed if the claim of estoppel is not allowed. Northern Petrochemical Co. v. United States Fire Insurance Co. , 277 N.W.2d 408, 410 <Minn. 1979) . The government may be estopped if �ustice requires, but this court has said it does not "envision that estoppel will be freely applied against the government." To estop a government agency, some element of fault or wrongful conduct must be shown. A plaintiff seeking to estop a government agency has a heavy � burden of proof. When deciding whether estoppel will be applied against the government, the court will weigh the public interest frustrated by the estoppel against the equlties of the case. Initially, to establish estoppel � Mr. Henke must show an inducement to an action based on some element of fault or wrongful conduct by the government. The Administrative �_aw Judge does not flnd that the action of the Building Official in not in�tially requirinq conforming footings-and a-foundation constitutes such wrongful conduct. Mr. Henke had told Mr. Jacobs that he only wished to remain 1n the property for a short period of time while a new dwelling was being constructed. Under such circumstances, the Building Officlal did not requlre the addltional footings and foundation. When it became apparent that Mr. Henke lntended to reside in the st,ructure permanently and, perhaps, at some later date. transfer the property to other persons,- the Building Official required strict compliance ►rith the Uniform Building Code. It was the representation of Mr. Henke and not any wrongful conduct by the Building Official which accounts for the-initial lnspection �report excluding improved footings and a foundation. . U�der such circumstances. no.estoppel lies. Armbrewster v Stanton-Pilaer Draina9e District, 169 Neb. 594, 100 . � N.W.2d 781 , 792-793 (1960) ; Jensen v. Omaha Public Power Dlstrict, 159 Neb. 277, 66 N.W.2d 591 , 598 (1958). . �._ ._. - - Even assuming� however, that the Building Offlcial negl�lgently induced detrimental reliance by Mr. Henke, the balancing of harm test �previously stated precludes estoppel . In determining whether conduct on the part of a municipal official creates an estoppel . it is necessary to balance the �o� , A 1 . . 1� -� t ' asserted harm to the person asserting the estoppel against the public interest frust,rated if estoppel is found. Mesaba Avlation v. County of Itasca, 258 N.W.2d 877, 880 (Minn. 1977>. Here, the public interest f rustrated is the � protection of the public safety. The Administrative Law Judge has determined • • that the existing condition is dangerous to human life. That danger affects Mr. Henke, any �other occupants of the premises including successors in title and children who may play under the house. Weighing the cost to Mr. Henke of installing suitable footings and a foundation against the danger to human tife, the balance is struck in favor of the publlc interest. Brown v. Dept. of Public Welfare, 368 N.W.2d 906, 912-913 (Minn. 1985> . The temporary Certificate of Occupancy atso required Mr. Henke to improve the roof on the structure. The only evidence presented at the hearinq regarding the current condition of the roof was that it had more layers of old roofing material .than was allowed by the Code. City Ex. 10. There is no evidence in the record as to whether that condition predates the effective date of the Code. There is no evidence in the record that the current conditlon of the roof poses a danger to human heatth or safety. Under such circumstances, the City has not borne its burden of proof that Mr. Henke may be required to alter the condition of the roof prlor to obtaining a certificate of occupancy. Atthough the City asserts in its Brief that the roof leaks badly, since that statement was not made at the hearing, it is not considered by the Administrative Law Judge. Although the Administrative Law Judge has found that Mr. Henke may be required to install footings and a foundation in accordance with Chapter 29 of the Uniform Building Code, it is suggested that the Building Official and Mr. Henke agree on the least costly method of compliance. In formulating the � least costly method of campllance, the Building Official should consider the age and value of the structure. B.D.C. � , - . � —9— . �' , ORDINANCE N0. 1, 2ND SERIES AN ORDINANCE ADOPTING A REVISION AND CODIFICATION WITH CERTAIN ADDITIONS AND DELETIONS, OF ALL ORDINANCES OF THE CITY OF ORONO, MINNESOTA, PURSUANT TO AUTHORITY GRANTED IN MINNESOTA STATUTES, SECTION 415.021, EXCEPT SUCH PROVISIONS OF THE MUNICIPAL CODE AS ARE CITED IN CHAPTER 10, AND EXCEPT SUCH ORDINANCES AS ARE NUMBERED AND CITED IN THE TEXT OF CHAPTERS 1 THROUGH 12, INCLUSIVE, (COMMONLY REFERRED TO AS REFERENCE LEGISLATION) , AND ALSO EXCEPT � SUCH ORDINANCES AS ARE DESCRIBED IN THE CATEGORIES LISTED IN CHAPTER 25, (COMMONLY REFERRED TO AS SPECZAL LEGISLATION) ; ESTABLISHING A NAME FOR SAID CODIFICATION, MEANS OF CITATION, EFFECTIVE DATE, NOTICE AND PRZNTING PROCEDURE, SPECIFICATIONS AND INSTRUCTIONS; AND, PROVIDING PENALTIES FOR THE VIOLATION THEREOF. THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: Section 1. Adoption. All ordinances of the City of Orono, Minnesota, heretofore adopted, except such provisions of the Municipal Code as are cited in Chapter 10, and except such ordinances as are numbered and cited in the text of Chapters 1 through 12, inclusive, and also except such ordinances as are categorized in Chapter 25, should be and are hereby revised, codified, and adopted as set forth in that certain document known as the CITY CODE OF THE CITY OF ORONO, MINNESOTA, pursuant to authority granted by Minnesota Statutes, Section 415.021. Section 2. Citation. The CITY CODE may be cited as "City ; Code, Sec. ." Section�3. Effective Date, Printing, and Notice of Availability. The CITY CODE shall be effective on April 1, 1984. The City Clerk shall cause said CITY CODE to be printed in looseleaf form and copies thereof in a substantial quantity made � available for distribution to the public at a reasonable charge, the exact quantity, charge, and printing specifications to be more . specifically determined by the City Council. The City Clerk shall � cause Notice of Availabiilty of copies to be published in the . official newspaper for at least two (2) muccessive weeks prior to such effective date, which notice shall state that copies of the CITY CODE are available at the City Clerk's office for qeneral distribution to the public at a reasonable charge. , Section 4. Prima Facie Evidence. Such codification, known as � the CITY CODE, is hereby declared to be prima facie evidence of the law of the City of Orono, Minnesota. Section 5. Effective Date and Preservation of Riqhts and Obligations. This ordinance shall take effect upon adoption, pro- vided, however, that the adoption of such CITY CODE shall not affect or impair any act done, right vested or accrued, proceeding, suit or prosecution commenced, prior to such effective date and under ordinance provisions then in effect, but the same shall survive to a conclusion thereof. It beinq the express intent of this Section that no offense com mitted, liability, penalty or forfeiture, civil or criminal, under ordinance provisions in effect prior to the effective date of the CITY CODE be in any way affected by the adoption thereof. � Section 6. Penalty. Every person violates the CITY CODE when he intentionally performs. an act therein prohibited or declared unlawful, and upon conviction thereof, shall be sentenced as for a misdemeanor to not more than ninety (90) days or a fine of not more than $700.00, or both, or, as for a petty misdemeanor, sentence of a f ine of not more than $100.00. Adopted by the City Council of the City of Orono, Minnesota, on the 12 day ot March , 19 84 . APPRdVED: May Seal Attest: ��fi�/ �J,�- > C ty Clerk � � � (Publication in the Lake Minnetonka Sun on the 4 day of _ April The �ker84 . 2 .��...,.�. , , POPHAM, HAIK,SCHNOBRICH & KAUFMAN, LTD. 3300 PIPER JAFFRAY TOWER M�NNEAPO�IS, MINNESOTA 55402 WAVNE G.POPHAM JAMES A.PAYNE TELEPHONE D.RANDALL BOYER GREGORV G.SCOTT RAYMOND A. HAIK DAVID A.JONES 612-333-4800 BRIAN N.JOHNSON ROSANNE G.2AIDENWEBER � ROGER W.SCHNOBRICH LEE E.SHEEHY TIMOTHY W.KUCK ROBERT C.CASTLE* DENVER KAUFMAN ALAIN FRECON TELECOPIER CAROL B.SWANSON THERESE M.MANKEL ROBERT A.MIN16N LESLIE GILLETTE (331 612-334-2713 BRUCE A.PETERSON JULIE FLEMING-WOLFE ROLFE A•WORDEN MICHAEL T.NILAN �321 612-334-2781 JULIE A.SWEITZER DEBORAM A.DY30N O.MARC WHITEHEAD ftOBERT H.LYNN � THOMAS C.MIELENHAUSEN 2ACMERY M.JONES BRUCE D.WII.LIS THOMAS M.SIPKINS (311612-334-2503 MICHAEL D.CHRISTENSON BENSON K.WHITNEY FREDERICK 5.RICNARDS ROBERT C.MOILANEN J.MICHAEL SGHWART2 KATHRYN M.WALKER G.ROBERTJOHNSON TMOMASF.NELSON TODDM.JOMNSON GEORGEJ.SOCHA GARY R.MACOMBER TMOMAS J.RADIO SUITE 2400 JEFFREY P.CAIRNS SHANE R.KELLEY ROBERT S.BURK DAVID L.MASHMALL 1200 3EVENTEENTN STREET LOU13 P.SMITH SUSAN M.WEIS HUGH V.PLUNKETT,I11 KATFiLEEN M.MARTIN DENVER� COLORADO 80202 BRUCE H.LITTLE MARK F.TEN EYCK FREDERICK C.BROWN JONN C.CHILDS TEIEPMONE 303-893-1200 MARK F.PALMA DUANE R.NOECKER THOMAS K.BERG DOUGLAS P.SEATON RUSSELL S.PONESSA JAMES R.STEILEN THOMAS E.SANNER TELECOPIER 303-893-2194 BRYAN I.CRAWFORD JAMES B.LOCKHART RICHARD A.KAPLAN MATTHEW E.DAMON ALLEN W.HINDERAKER BRUCE B.M�PHEETERS 3UITE 300 SOUTH JOHN W.PROVO OF COUNSEL CIIFFORD M.GREENE SCOTT E.RIGHTER IBOO M STREET�N.W. ELLEN SUE PARKER FRED L.MORRIBON D.WILLIAM KAUFMAN PAUL J.LINSTROTH yyq$NINGTON� D. C. 20036 dREGORY G. BROOKER MICMAEL O.FREEMAN SCOTT A.SMITM TELEPHONE 202-B2H-6300 W�LLIAM M.OJILE.JR. HOWARD SAM MYERS,tII DONALD M.LEW�S TERRANGE A.COSTELLO LARRV O.ESPEL ELI2ABETH A.TMOMPSON TEIECOPIER 202-B28-5318 ,�OSEPH D.VA55 JANIE S.MAYERON KEITN J.HALLELAND DIRECT DtAL NUMBER BRIAN W.OHM 'kAOMITTED IN IOWA THOMAS J.BARRETT MARK B.PETERSON StEVEN A.CHELESNIK *ADMiTTED�N ILLIN013 (612) 334-2687 , _. February 1, 1989 ; P� ��- ,�;� � � � '. � Thomas J. Jacobs �� t�`, , , FE$ ` 2 j�'� �� ;,;� Building and Fire Inspector �� '�` + �_� � City of Orono j � �-"°°,-_�-,.�,� . ' t ti.,.�..,,,_ 1335 South Brown Road """-�W-�-..,..,�_ P.O. Bo x 6 6 ��""�� ' ��.�....�i Crystal Bay, Minnesota 55323 Re: State of Minnesota v. Charles Henke Dear Tom: This will summarize the disposition of the Cfiarles Henke charges. As you know, Henke pleaded guilty to one count of disorderly conduct and also to maintaining a public nuisance. Judge Hartigan did not execute any of the jail time, however, he made it clear to Henke that should he fail to live up to the cor�ditions of his sentence with regard to no further contact with the neighbors and the detailed clean-up schedule which you, myself, Henke and his attorney worked on in court, that he would be serving time in jail. As you know, my goal was to obtain guilty pleas so that we could hang jail time (and fines) over Henke and thereby pressure him into complying with the court orders. Unlike the case of a continuance for dismissal, Henke will have no way to avoid serious and immediate problems if he fails to comply with the Court 's sentences. Rather than set out the details of that agreement, I am simply enclosing a copy of the transcript in which the property issues were read into the record by Henke's attorney. I am also Thomas J. Jacobs February 1, 1989 �� 1 Pa9e 2 � �� . � � �'WL �� attaching a letter I recently received from Henke 's attorney making one change on the transcript. It is my understanding, based on my conversations with you, that the city is satisfied with regard to this disposition based primarily upon Henke ' s agreement to comply with all of the city's requests regarding clean-up and maintenance of his property. Also, I have spoken with all of the victims in this case and they are satisfied with the disposition as well . Please do not hesitate to contact me if you have any questions regarding these matters. . Very truly ours, �"� rya L. Crawfor BLC:srp:170 enclosures �, cc: Melvin Kilbo, Chief of Police (w/encs. ) Mark E. Bernhardson (w/encs. ) REC�� r� U , � LAw OFFICE 5 - r"" -' I��`� MESHBESHER, SINGER & SPENCE, LTD. 2020 LANDMARIf SOWERS SY gENNE28 MESSHESHER• DANIEL . RONdI.D I• MESHHESxER ST. PAUL, MINNESOTA 58102 MICHAEL C. SNYDER• GERAI.D M. SINOER (612) 227-0799 + JAMES A.WELLNER RIISSELL M. SPENC£• JOHN P. SHEEHY �� - J6ME5 8• 6IlBERS� F�'�612)339-9121, EXT. 300 e.NDREW S. HIRRELL JOHN P. CLIFFOBD• MEAGHAN E. HARPER DENNIS R. JOHNSON' 1616 PARIC AVENIIE � JOHN C. DVNLAP JdCB NORDBY MINNEAPOLIS, MINNESOTA SS404 i`�R8 D. STRESD PAUL W. BERGS?ROM RANDALL G. SPENCH PA2RICX H. AORAN (612) 339-9121 STSVSN J. MESHBESEiER RHPLY TO MINNEAPOLIS OFFICE •��1E0 ADMIT2ED TO •�I.SO ADMITTLD TO PR.►CTICZ IN M'ISCONSSSP PR�CTICE IN ILLINOIS �`��.��°L.l��yy f�j January 27, 1989 °' �.. Brian Crawford Orono City Attorney Popham, Haik Law Firm 3300 Piper Jaffrey Tower Minneapolis, MN 55402 Re: State of Minnesota v. Charles Henke Dear Brian: Enclosed is a copy of Henke's plea transcript. There is a mistake in the transcript teither a reporter' s error or a mistaken recitation by me) concerning when the rough grading must be done. On page 9, line 11, the transcript indicates August 1, 1989. My notes indicate the agreement was October l, 1989 which supports my recollection. I trust we are in agreement that the correct date is October 1, 1989. Please contact me immediately if this is not your understanding. Very truly yours, ��`�� John P. Sheehy JPS/kj Enclosure � i To: Mark E. Bernhardson, City Administrator From: Thomas J. Jacobs, Building & Fire Inspector �Q � � Date: February 6, 1989 Subject: 3536 Lyric Avenue, Charles Henke - Plea Sentence January 24, 1989 '� Enclosed with this memo is a memo from Bryan Crawford, City Attorney, and the court transcript of what took p lace on January 24, 1989 in the F lea sentence. As stated by City Attorney Crawford, this was not a continuance for dismissal but a gui lty p lea by Mr. Henke on two (2 ) counts. Fai lure for him to comply will result in penalties from this trial and further violations. As you read through the transcripts you will notice that the court has no intention of letting Mr. Aenke continue his behavior, therefore I feel that this is a reasonable working situation in which the City has entered into. If you have any further questions on the matter after you have read Mr. Crawford' s memo and the transcripts, please feel free to contact me. cc: Jeanne A. Mabusth, Building & Zoning Administrator Barbara Peterson, Council Member �'''�u ft--u'�"•=?'„-rT` rSL 7-,a.t ;c:� �nrx- ;,c� >.t_ � ��r t �^ u a -�.a r:.. . - z.�:n. . ' .�,.f 1it . , ��'i'�4�1 �T,,�+.�' .>t"�w'^v-^.e�� '� w J :�.c -�" ��.:.aY,3y�y€� .R(�K:��- > N *, y r�"'r „l�.F�h. +. `�. ^, �y� ,,: ,^ y�y.(�.��. a��`'F�'x�.p'�"�'j.� USR.�A.MR�a�Y�.Ls�.wux4.�rs�'"�Lt!f.�W�s.�Jr4v.�15l�'r.S�'{4.i. /`i..-�..fA+r.+.�y�v..�.��...�3�1'�f��"'�Y'+�'l�XY.r1��L."1wi:�Z= � . �,.. .! . � w�r�,F J.i Kz--�:;.iJ'� �,«.t,,.s'Y' `,` .Y» — � ' ti _ t,,,. r - _ . -...� �.....� " "' ' ":" t. .'- _ 1 4.4 t ' " '.,.- �,....i �.�. . . .. - ....:.:.... ..._ _. . . .. .. . • .�-..- - . . , . ...- . ..,�.._,� - .....�. _ ..:__ . ..:�_. � �.:; __ - _ " ' ��. �. .. .,_ _ ... ...i. ., �-.. �. ... .._ .'._ � . . .,..;. ... ..::. - .,, . �... ,.._ .. ..�. _ .. . . -. . . . .. .. . -.. � CITY OF ORONO �� w (612) 473-0510 -� To: ��'i�^ C'(3 w�r� C'�7 } .---�--- F=om: ��,� JA�� _ �� No. of Pages: � � t��1E'��'=�� :�Lo _ _.:��;=� I �'C��1HT I ��f��a L'H�?�E:t;;_::=1�;_- T?i'1�: i4:4i i ia.T�C _a . ! _!r �_�f'�1_�F�'1 T _- _ -r _T'r..C- ' 4 _ ' . __ � _ __ _ �T:�="� iLi �::E =�-. .-'= F'E=;��,. _� - ,, - . r. _ - GtC�" _ _ - - _� =:rt �r�_ �, -_ - -'t< , + , T CITY of OR�NO TELECOPY COVER LETTER Please deliver the following page (s) to: xame: �r�a� �rav..�-arov-G� From: A S � � �`C� Total number of pages 2-»'4' including this cover letter . D a t e: c� - Z2, �-g� IF YOII DO NOT RECEIVE ALL THE PAGES, PLEASE CALL IIS AS SOON AS POSSIBLE. Phone: (612) 473-7358 and ask for : o� Jp�,p�S Our telecopy number is: (612) 473-0510 Additional Message: C In,o�Le.� 1��.►a�e_ `c�a�c,sc.�-� p-�' � � � r t i ;� ,' r��1F°^;�_�yi�E �::��f��F I �'C��1HT I �=�t��a .� r ,� - L��i'E. �� _= i �.1 __. 'i�;T(-i: -?T''i' i�ir L'J�'�-�h'� r _Tr- -�-i h�t i� .-T i�:1F. L:;' TH! j� ;I i t Z; ;i,=inF F`F'17E= �E !-'�--r L.'N — _ 4 — :_� -'t',_ �_I1-i.'�� ,i•cy� i_l�—�,'-}F: �i�:_ _^'� 1r'1� i,—�^ — F—r 1 1 i - � . , 1 . , , .,� �� i� �I � � STATE OF MINNESOTA DISTRI�T COUP.T FOURTH JUDICIAL DISTRICT 2 COUNTY OF HENNEPIN DIVISION III, RIDGEDALE 3 ---------------------------------------------------------- 4 State of Minnesota, ) 5 Plaintiff, ) � 6 � vs. ) PLEA - SENTENCE 7 (Various Counts from Charles L. Henke, ) the Calendar) $ Defendant . ) 9 --------------------------------------------------------- 10 The above-entitled matter came on 12 before the Honorable Bruce Hartigan, one of the 12 Judges of the above-named Court, at a Regular Term f��. '<�::�' 13 thereof, held at the Courthouse for Division III, 14 Ridgedale, Minnetonka, Minnesota, on January 24, 1989. 15 16 A P P E A R A N C E S 17 BRYAN L� �RAWFORD, Esq. , City � 18 Attorney for the City of Orono, appeared for and Z9 on behalf of the State of Minnescta. 20 _ JOHN P. SHEEHY, Esq. , appeared for 21 and on behalf of the defendant. 22 Reporter: Alvin S. Ostrow 23 C lerk: Sherry Salminen 24 � ,� * 25 �:- . _,_ ...� �:== 1 � � � • T '�1 2 • �"-t. ,;�,. 1 WHEREUPON, 2 THE FOLLOWING PROCEEDINGS WERE HAD, TO-4+'IT: 3 THE CI,ERK; Page 1 and 2 , Lines 4 1 through 16 , Charles Henke. 5 MR. CRAWFORD: Bryan Crawford appearing g on behalf of the City of Orono. 7 MR, SHEEHY: Your Honor, John Sheehy, 8 and I am here with Mr. Henke . 9 . We have had extensive discussions 10 concern ing this case with you and the building in- lI spector and the prosecuting attorney, and we have an 12 agreement to resolve it. �`-� 13 Appearing on the calendar are tw o `��: 14 Complaints . One Complaint has seven counts and the 15 other Complaint has eight counts, and then there is a 16 tab charge for a pre-trial that is on here, too. 1� What we have agreed to is to plead 18 to Count I of the first Complaint in which the com- 19 plaining witness is Kirk Erickson and signed by Jud�e 20 Hedlund on September 27, 1988. I don't know if there 21 is one number on it, but that is a disorderly conduct 22 count under Minnesota Statute -- 23 THE COURT: (interposing) What is 24 the date? 25 MR. SHEEHY: The date of the Complaint - �� , y 1 � 'L I 3 . � 1 THE COUP.T: hTo, the date of the 2 alleged offense . , 3 MR. SHEEHY: The date of the alleoed 4 offense is August 23, 1988 , and that is Count I of � the Debra Hedlund Complaint. 6 One Complaint was signed by Debra 7 Hedlund on September 27th and the other one was signed $ by Sean Rice on November 8 -- if that makes any sense . � 9 THE COURT: No. The crimes here 10 are all alleged to have occurred either on August 24th 11 or August llth. 12 ' MR. SHEEHY: Well, in any case, �-_ ��::::' I3 on Count I of the one Complaint, it is alleged that 14 on August 23, 1988, that Mr. Henke disturbed the peace 15 and committed disorderly conduct by playing his radio 16 loud enough that it reasonably annoyed his neighbors, 17 and he would enter a plea of guilty to that and receive 18 a stay of imposition under 609.135 , and the other 19 Counts, II through VII of that Complaint, would be 20 dismissed, 21 THE CLERK: That would be on Line 3, � 22 the disorderly conduct. 23 THE COURT : Okay. 24 MR, CRAWFORD: Judge, if I could just ,.: 25 for the record, you are familiar with the situation on �;-:,�,� y� ' , r 4 ,� i � 4. , Y�.' 1 which all these charges arise . We have spoken with 2 you in Chambers . 3 Twice this morning, as I indicated, 4 I would like the Court to instruct t:�e defendant that 5 there is a possibility of going to jail for up to 90 6 � days should he violate the conditions of the stay. � 7 And also, because of the nature of this dispute , Your $ Honor, I would ask that another condition be that there 9 is no assaultive conduct, breach of peace, or disorderly 10 conduct charges brought against Mr. Henke with regard 1� to the various people who have been cenplaining at �2 one time or another, w�ich would include Dollie 47ieder- �y� 13 _. hoft, Terry Wiederhoft, Julie F1ynn, Barb Derry, Alice Z4 Derry, Bud Derry and Mary Jones. 15 THE DEFENDANT: Could I have a list �6 of these people? 17 MR. SHEEHY: We will get it . 28 THE COURT: Wnat is the other plea? �9 MR. SHEEHY: Okay. Now, in the other 20 Complaint we w�ould be entering a plea under Count V, 2I which alleges that on August 11 , in the City of Orono, ` 22 Mr. Henke maintained a public nuisance in violation 23 of Code Section 9.21(1) and the other counts of that 24 Complaint would be dismissed under 609.135 . 25 MR. CRAWFORD; Again, I would only � - � i . . . , . x � 5 . �,R.' 1 reiterate my cencern that the defendant be instructed 2 as to the possibility of jail time i£ he vioiates the 3 stay. , 4 MRa SHEEHY: We have some other � conditions on that one. Then the tab charge would 6 also be dismissed that appears on there. 7 MR, CRAWFORD: Can I just mention $ . one thing -- I don 't know if we have ever discussed 9 it -- that has to do with the tab charge with regard 10 to the concrete slab. 11 MR. SHEEHY: My understanding of 12 everything was he is going to enter a plea and the rest ��'" 13 .:, were to be dismissed. 14 MR. CRAY7FORD: My concern is what I� happens to that? Was that a part of what we have 16 been talking about? . 17 THE II�SPECTOR: We were not talking I$ about that , no. That would have to be taken care of 19 yet. The perrsit hasn 't been pulled or anything like 20 that -- 21 (Off-the-record discussion between 22 � the prosecutor and the inspector) 23 MR. CRAWFORD: The problem is this : 24 We haven `t resolved that. This is a tab charge arising 25 out of an entireZy different date after these events . �� , � � � � 6 . •'K f 1 It is not something we discussed when we reached our 2 agreement on all these other property matters . 3 . Perhaps we are going to need to have 4 to work it out on that, too. 5 MR. SHEEHY: It is my understanding s that what we said was we would enter a plea to the 7 public nuisance and all the other counts are to be $ dismissed . There w�uld be two pleas to misdemeanors . 9 I don 't know how you would think it wasn't discussed. 10 THE DEFENDANT: We need to discuss �1 this further. 12 MRp CRAWFORD: It is my understanding �� 23 we were just dealing with the jury trial matters 14 today, and I didn 't realize that that tab charge was 1� on the calendar. Maybe we could get it resolved if 16 We take a few minutes . 17 MR. SHEEHY: Why don't I read the 18 conditions of the stay anyways. There also would be 19 a stay of imposition under 609.135 on that count, and 20 we have agreed to kind of some extensive conditions -- 21 they arose out of a list that was compiled by the 22 Building Inspector at Judge Forsyth 's request, and we 23 have discusse3 it and the Building Inspector has 24 agreed to it, the City Attorney has agreed to it, a1y � 25 client has agreed to it. � . �� ' 7 . � 1 And the first condition -- there is 2 three areas . The first one involves cars , and, number 3 one, he wi11 rnaintain all cars operable and licensed 4 on his property; hat he wi11 either get rid of a 1975 5 Cadillac b une 1st or it wi11 be o erable and road 6 ' read 7 Number three , that he wi11 keep the $ motor home by the side of the slab by June lst , and 9 that is a tenn that the Buildino Inspector and he under- Z� stands . �� Il Number four, that he will only park 12 his everyday car that he is using in the turn-around �!�A and if he is away from home ior r�ore than week, he �, _-� I3 14 will not park any cars in the turn-around in front I� of _his house, and the cars then must be parked on the 16 asphalt driveway, 17 Number five ,_he will have a uniform 18 parking of his boat and cars by June lst, and the ��,� 19 understanding there is that they won 't just be haphaz- 20 ardlv_parked , they will be parallel with the fence line . 21 basiczllv. , 22 And that, nuaber six, he will remove 23 a plastic tree from the front of his house by -- soon. 24 Now, the second cateQory is what w� .�.:;� 25 s�1� debris and iunk. And, first , he will keep his ��3 ' 8 . � 1 refuse oil barrel and his trailer sides out of sight 2 from public, and right now it is okay if they are 3 behind a fence that runs between the house and the 4 garage . �__�.�_....____.__,.......�,._....._�_.�._.__.. 5 He can also store outside in a T 6 ' fenced area car parts , heating and duct work, the 7 trailer sides , _barrels . Concrete blocks , gas cans 8 or fuel oil tan wer et cetera. And that . 9 �'� has to be done b Apri1 30th. Aiso, a two-sided 10 fence behind th e acceptable Il for storage and including two toppers _for pick� _ � 22 trucks and a fiber Qlass car body, an d then the mobile ,-�-. " - 13 home would forc� the final side for that . 14 He would either store insulat�on 15 or remove it . 16 He would number four have the 17 firewood in the back yard removed or stacked by March � 18 Ist, I989. And he a�rees to keep the lawn in front Z9 maintained and cut the weeds on the property. 20 Now, the third category is the 21 house category and, first, the $uilding Inspector 22 and Mr. Henke have agreed that he will have a building 23 permit by July lst , 1989 or fill in the present 24 excavation around the home and knock down the mound. F--� 25 And we have discussed what has to be done . This isn 't :_f �� - . i . 9. �:� 1 a condition, but in order to get a building perr�it , 2 an application must be made two weeks in adv�nce ; 3 Mr. Henke has to submit two sets of plans and an energy 4 calculation form to insure compliance with the State 5 Energy Code ; there has to be a hard cover calculation 6 ' done and a survey with the addition drawn an� submitted 7 and a permit application which will be reviewed by 8 the Zoning and Building Department . That is just the 9 steps that he has to take to get the permit . IO Secondly, aZ1 rough grading will 11 be done by August Ist, 1°89 . 12 Tnird, if there is no permit by - �., �. 13 July lst, 1989, he wi1l be required to replace the .:... _ , ::� 14 siding on the north rear �:all by August� 15 , 1989.� .�.�-_ _ .=� , 15 Fourth, he will either put a safety ,,,,�....¢,....�:_...�_ . 16 bar on the east door or a conforming stairway on an .,►-�'.� 17 east door. � �'_ 18 Fi�th, he will attach a lid and lo�k � � 19 shut �he we11 by rebruary 24th or sooner if possible. 20 And then, finally, with the permit 21 applicatian, he wi11 subnit a construction schedule, 22 and the city has agreed that it would be acceptable 23 to have the construction, be that the basement, the 24 garage slab, the framing and sheathino and roof be 25 done by September 30, 1989 and that June lst , 1990 for ��:�, :Fv 3 , S 10• n�. .��.,. �.�� 1 exterior siding would be acceptable . 2 That is the Long and short of it . 3 MS. HERSEY: Laura Hersey for the 4 City of Minnetonka. I was unaware Mr. Henke 's matter 5 was on today, but the Minnetonka revocation matter 6 � was carried along, and the clerk advised me that � it in fact is on the calendar, and I understand the $ Court doesn 't care to deal with it today, but I would 9 ask it be set in front of Judge Adzick for revocation. 10 THE COURT: It is on the calendar? I1 THE CLERK: Line l. IZ THE COURT: Okay. r:-.. 13 THE CLERK: There is also a continu- 14 ance for dismissal on Line 2 from Judge Adzick, 15 continued one year for dismissal; no same or similar, 16 the storage of inoperable vehicle. 17 MR. CRAWFORD: That is an Orono 18 charge, correct? 19 THE CLERK: Correct. 20 MRo CRA'v�TFORD: That one can be 21 dismissed. 22 THE COURT: Okay. 23 MS. HERSEY: Zf the �Court were 24 intending to handle the Minnetonka matter today on 25 behalf of Judge Adzick, I would ask that the Court � i . ��. � 1 invoke the fine of $Z00 if the situation involve the 2 same victim. It was also a disorderly conduct situation. 3 Mr. Henke has been in court numerous times , and I 4 think it is appropriate that the f ine be imposed. 5 THE COURT: What is your pleasure, 6 Mr. Sheehy? 7 MR. SHEEHY: Well, the last thing 8 that I think we should deal with is just this slab 9 thing, the slab issue. I� THE COURT: Let 's get the slab 11 issue , too. 12 THE CLERK: On Page 4, Line 37, �_. , 13 there is a work without building perniit pre-trial. 14 That was to be referred with the jury trial. � 15 MR. SHEEHY: Your Honor, he is willing 16 to admit a violation of the prior stay just simply 17 to get everything taken careof for today, I think that � 18 there has been some discussions in Chambers that we 19 have had with the alleged victim being present, and ' 20 I think you can see that there has been some wrong done 21 on both sides here, and what we should be concerned ' 22 about is the future not the , past . I don 't think that 23 revokin t:�e sta would be a g Y ppropriate, that it should 24 ` be continued in the spirit of this compromise settle- 25 ;� ment that we have all worked out and that the stay of � .. 12. � 1 imposition of the fine should be continued. 2 MS. HERSEY: Unfortunately I wasn 't 3 a party to the discussions. The initial negotiation, 4 the initial case started out as a misde�eanor and was 5 reduced to a petty misdemeanor in the interest of 6 ' cooperation. And those things were promised b y Mr. Henk 7 before he came back on these new charges. It is c�y $ position that he full well knew that he was not to go 9 � out and indulge in any more of this conduct and he ZO went ahead and did it again . He had pled to a new 11 disorderly, and I think he ought to pay the $200. 12 THE COURT: I am going to order him �--�.: 13 to pay $220. If you want to admit the violation, 14 I will fine him the $220. There is no question, there � I5 is a new spirit of cooperation, but he has got $200 -- 16 it was reduced from a misdemeanor to a petty misde- 17 meanor, If you violate, you pay the $220. 18 I�R. SHEEHY: Can we have it trans- • Z9 ferred to Judge Adzick? 20 THE COURT: You have a right to do 21 that. You have a right to do tbat . 22 (Off-the-record discussion held) 23 MR. CRAWFORD: Can we have two or 24 three minutes to talk to this inspector again? 25 MR. SHEEHY: How about this : Zf you i-`... �;:� � R . - i _ . ` 13. I � 1 dismiss the charge and you make it a condition of 2 the dismissal or a condition of the other plea to 3 the public nuisance that if a permit was required 4 for that , that one will be purchased or whatever it 5 is -- 6 ' THE INSPECTOR: You are going to 7 have to get a permit. $ (Off-the-record discussion held) 9 MR. CRAWFORD: I am willing to 10 dismiss it along with everything else if you raise 11 the fee and get the permit. ZZ THE DEFENDANT: I would rather take ,�-.;. `==`��w 13 it out than spend $80 for the permit. E:.� 14 MR. SHEEHY: I guess we need a � 15 jury trial date on that then. 16 (Off-the-record discussion held) 17 MR. SHEEHY: I guess we need a 18 date on that, You,r Honor. ' 19 T� CLERK� He needs a new jury 20 trial date? 2Z THE COURT: Yes. 22 THE CLERK: You will have to get it 23 at the counter�. . 24 MR. CRAWFORD: It. is just for the 25 one charge . � � 14. � i 1 THE CLERK: Which one? 2 MR. CRAWFORD: Bu�lding without a 3 permit, tne one that was set on for a pre-trial 4 conference . 5 THE CLERK; Page 4, Line 37. 6 TiiE COURT: Page 4, Line 37, work 7 done without a permit, misdemeanor. That is the one, $ 11/4/88 . Set that dok�n for trial. � 9 MR. SHEEHY: Your Honor, I have 10 talked to my client again. We don 't need a jury lZ trial date. If he can get some time to pay the fee 12 and make the application, he will do it. He just ,-�-. ,:�;Y-,;. ;ti:;. 13 doesn 't have any money right now. He hasn 't worked 14 for about four months. � � 15 THE DEFENDANT : Seven months thanks Z6 ta this . 17 MR. SHr EHY: He said he would 18 dismiss it, just make a condition -- can he get 19 three months to a 80? P Y� $ 20 THE CLERK: Mr. Henke does have 21 $150 bail posted. 22. (Off-the-record discussion held 23 between counsel and defendant) 24 MR. SHEEHY: Make it a condition that 25 ,x.� he pay $80 to the city out o£ the bail. ( _ , � + . � 15. � 1 THE COURT: Condition of which? 2 MR. SHEEHY: Uf the stay on the public 3 nuisance charge . . 4 THE COURT: Okay. . 5 MR. SHEEHY: j,Thich they can withhold 6 � from the bail. 7 THE CGURT: Would you rather have $ me do it that way and just dismiss this one now? 9 MR. CRAti'FORD: The amount of the 10 permit will be withheld from the bail and given to 1� the city, that is fine. 12 THE DEFENDANT : I can hand carry I3 it myself. 14 THE COURT: Either way. Otherwise 15 I can continue this for dismissal, but I might as ' 16 well dismiss it now. 17 MR. SHEEHY: He said it was disaissed, 1$ the misdemeanor is dismissed now. �9 MR. CRAWFORD: Yes. 20 THE COURT: Did you fo7_low all that, 21 Sherry? 22 THE CLEP.K: Do you want me to 23 arraign him? 24 THE COURT: Yes. 25 THE CLERK: Qn Page I, Line 3, Charles ��'`-:� ti,:�- . i " � 16 . J� . � 1 Henke , to the charge of disorderly conduct as a mis- 2 demeanor in the City of Orono, on the 24th of August, 3 1988, how do you plead? 4 THE DEFEh'DANT: Guilty. � THE CLERK: On Page 2, Line 15 , to 6 - � the charge of creating a public nuisance, in the �ity 7 of Orono, on the 24th of August , 1988, how do you 8 plead? 9 THE DEFENDANT: Guilty. I� THE CLERK: Those were the only two 11 charges ? 12 MR. SHEEHY: Yes . - �3 THE COURT: AII �ight. On the 14 disorderly conduct I will stay imposition of sentence � 1� under conditions of 609.135. That is for the disorderly 26 conduct. The stay of imposition of sentence means that 17 I am not imposing sentence now, and if you don 't violate �$ any of the conditions of the staS•, tnen I won �t impose Z9 sentence. 20 Do you understand that, Mr. Henke? 2i THE DEFENDANT: Yes, Your Honor. � 22 THE COURT: You understand that the 23 conditions of the stay are that you have no disorderly 24 conduct violations within the period of that year nor 25 assaultive conduct durin the y � �-:�;, g period of that ear as ��3 . � , - , i . . . ., . � . � i ��. � .��_ I� �� i 1 regards any of your neighbors -- don 't assault any of 2 them, don 't co�mit disorderly conduct towards any of 3 them. If you do, that is a violation of the stay, and 4 if you violate the stay, you come back before me -- � this is a misdemeanor that you gled to -- I could s sentence you up to 90 days in jail. I could sentence 7 you to 30 days in jail, 60 days or 90 days . I could 8 sentence you to straight time . �Tnat means you don 't 9 . get any work-rele2se, you just go to jail and do the �� time. Is tnat understood? 11 THE DEFENDANT: Yese ,,�_.., 12 MR. CRAWFORD: Your Honor, could we � -� 13 also add a breach of peace charge with regard to the 14 assault and disorderly conduct , include that within Z� the raage of same or similar? 16 THE COURT: Yeah, breach of peace 17 would be considered within the same or similar. I 18 always thought the two wer� synonymous . I always Z9 � thought disorderly conduct and breach of peace were 20 synonymous . At any rate, after lengthy discussion with 21 your lawyer I think you understand what it is . That 22 has to cease . Do you understand that? 23 THE DEFENDANT: Yes, I do. 24 THE COURT: You ta�ked to your lawyer 25 - _ and he has told you if you get -in��. beefs with any of �_:;� i ^ ^ r _ - , ' . ��• � 1 your neighbors , do anything really to harass them in 2 any way, that is going to be a violation and then I 3 will put you in jail. Is that understood? 4 THE DE�ENDANT: Yes, I understand. 5 MR. CRAWFOP.D: I was also going to � 6 � ask could we get a factual basis for the plea , tne 7 disorderly plea? $ THE COURT; Did you on or about 9 August 23, 1988 go into the neighbor's -- what is the I� guy's name? You put in the factual basis . �'1 MR. SHEEHY: Mr. Henke, you 2?ree 12 that on August 23, 1988 that you violated the disorderly - I3 conduct statute by playing a radio loud enough to 14 annoy a neighbor reasonably in the �ity of Orono; I� isn 't that correct? 16 THE DEFENDANT: Yes. That is what 17 I pled to. I$ THE COURT: And as regards the 19 public nuisance. 20 � MR. SHEEHY: Now, Mr. Henke, you also 21 agree, don 't you, that on or about August 11, 1988 that 22 your property was in such a condition because of the 23 weeds and various debris on your property, open excava- 24 tion ditches, that it could be considered to the public ,,..;,y 25 a nuisance and violation of the Municipal Code, Section � ` ' e 19. � 1 9.21? 2 THE DEFENDANT : Ye s. � MR. SHEEHY; You agree with that? 4 THE DEFENDANT: Yes. 5 THE COURT; That is a factual basis . 6 MR. CRA►JFORD: Thank you, 7 MR. SHEEHY: One last thing, I would $ like to have this all wrapped up here today. He has 9 $70 left in his bail money apparently, and if we could 10 get some decrease in the amount of the stayed time, ll forfeit that to take care of the other violation, ZZ he would admit the violation of the grobation. He �+'��' 13 has a limited amount of funds . He does have $70 there �4 and he could end it all today and that would be it. � 15 MS. HERSEY: Your Honor, the State I6 would like to see him pay the full $220. I think it l� is appropriate under all the circumstances . We have 18 no problem giving him some time to pay it. Z9 MR. SHEEHY: The only thing I can 20 say to that is we worked very hard this morning to 21 kind of rid t:�e air of a lot of animosity between � 22 these neighbors and the Building Inspector. . 23 Ms. HerseS�, although I understand 24 hpr point, hasn't been involved; she didn 't know it 25 was an the calendar - ;� ' :;:;� � . i ^ . �. . . 2�. �- 1 THE COURT: I know, but she was 2 involved with the case before that and she knows what it . 3 is that she thinks is appropriate. I mean, don't get 4 me wrong, I realize you are making an offer to pay 5 money -- • 6 � MR. SAEEHY: There is ane other 7 factor to consider and that is the person invo2ved $ that doesn 't live in that neighbornood any more 9 and that there is a no contact order. I just think �� that it would be best for all involved if it was 11 settled here today. If it isn 't, it is going to 22 require a hearing in front of Judge Adzick -- just r.'.:: 13 more time to foster more bitterness and more animosity. 24 Hopef ully it was aIl taken care of and it was a lot of � 1� effort by the people involved. 16 THE COURT: I will be the first one 17 to state this -- I won 't say anything more -- but I 18 am sure if it had allbeen rolling back to Judge Adzick, 19 in all Iikelihood he would probably say the amount is Z� going to be $70. I say this as just conjecture on 21 my part, but I think Ms. Hersey has got enough dealings , 22. with this type of matter, revocations of petty misde- 23 m�anors , if given all the other, that is prcbably what 2� would happen. So inasmuch as I have the power, on .'>, 2� the other :�and, to act in Judge Adzick's behalf, I a -..�,, . ' f � *. � I'� , `L • � , 1 will revoke $70 of the petty misdemeanor pa able Y 2 immediately out of the bail and I will continue, 3 however, the other $130.� I will waive tne surcharge 4 and keep the other $130 along with the contin uance 5 on everything else . s MR. SHEEHY: All right, Judge. ? THE COURT: For now it is going to $ be settled for the other $70 in your bai•�, noney. You s understand that? 10 THE DEFENDANT : Yes. 12 THE COURT: And the rest of it just .r-,- ZZ rolls along with the continuance on the stay of ��-F.;; I3 °- '�'' imposition under this disorderly conduct . You are �_... 24 going to be in deep touble if you violate it anyway. � 15 Do you understand? . 16 THE DEFENDANT; Yes. 17 THE COURT: If you vio2ate the con- I$ ditions of this disorderly conduct, the last tning you � 29 are going to have to worry about is the $130. Do you 20 follow what I am saying? 21 THE DEFENDANT: Yes. 22. THE COURT: Because you are facing 23 some jail time. 24 Now, creating a public nuisance is 25 a stay of imposition sentence under 609.135, conditioned �� . � ' � . � � �� . 2� . � . 1 upon aIl of the conditions that your lawyer read into 2 the record. I am not going to repeat them; you heard 3 them; I heard them; , your lawyer is right here and he 4 knows what they are. And you comply with all of those 5 conditions within the time frames that your Iawyer put 6 � on the record and you don 't have to worry about 7 imposition of sentence. Zf you don 't, then you are - 8 going to have to worry about imposition of sentence 9 and the sentence could be up to 90 days in jail. Do 10 you understand that? 11 THE DEFENDANT: Yes , I understand. 12 THE COURT: And the condition obviously °��`, �.a.�_; 13 that the $80 paid to the city comes out of your bail. 14 If I haven't stated that before, that is going to take � I� care of tnis $150 cash. 16 MR. SHEEHY: That can be paid to the I7 city by the Clerk's Office. 18 THE COURT: It is going to be done. 29 So you understand, Mr. Henke , I ac� sure your lawyer 20 will explain to you, you don't want to come back in 21 front of ine for a year, I will assure you. Do you 22 underst�nd that? 23 THE DEFENDANT: I understand. 24 • THE COURT: Because he has done a 25 fine job, nc question about that. I mean, you are r''� � � . . , �. � t ' r ' � ■ ' 23. ��; 1 facing jail time, and you ended up with a stay of 2 imposition of sentence, so that is fine . But, as I 3 say, I am sure as a further condition of that advocacy 4 he will explain to you you don 't want to come back in 5 front of ine on a violation. Okay? g � THE DEFENDANT: I understand. 7 MR. SHEEHY: Thank you, Your Honoz. g I appreciate your time . 9 MR. CRAWFORD: Thank you very much, 10 Your Honor. 11 * ^ * 12 ��' 33 �;:-� 14 I5 16 17 18 19 20 21 22. 23 24 ,�:.-.::, 25 �� HC'44GS State of Minnesota Municipal Court County of Hennepin �j�Zt � O \ �'l� v��L;�'� Plaintiff versus Subpoena � �ccf � S i� � � Defendant (DUCES TECUM) The State of Minnesota to: C � � J � c ��5 (J .'c-1rl v tJ� 1 'U�� v,s,�-�c�Z�J o here��by require�d to app�ar }�e,f re t is ourt at Room in the Hennepin CountST c�--�� c;,� y�� ' ` . ., ., AZinn. on � r��— —at ( ��5� to testif�� and give evidence in the above entitled cause. � 1 �n-eS� ��L�. V�,,��1 � Y�.n V S-� ��e_ p>� v c�1�c.� �r �� -v ;c..<< C�� _ ��.� __._. You are further directed and commanded to bring w•ith S�ou the followin � 4�eS�� g papers and documents S� � ,¢,� no«� in your possession or under your control; ��C� � `� c�G C.�. v.�...�;,,. �` e L J v-�. S � �� c t� c.e t.�o a � 1�S �.� � ` � � � r � �-� � , v 1��-E-� , � �'� ��-� �� ; C Lti�� .e S (-�-e ��--e_. T �'LtS � ,� C, �� ; '� . _� � � l^C.(,C`..'G�S cT G � C� C� L.nS U �. (rt , � v � t�� .�r� � � � � 1'�'itness the Honorable � ��..v L�i � ' � �'` � �� i^E' �cF� t �- �U �� Judge of said court oi� ✓1`:�v �;.1��"�, �3_.%, �— , ,, B�, � � �, . _ ___.__. _ . ... _ __ � . . _ _ -. , . - , .y.a� � .- ' - `� � � _ a . � - . . �_ -.... ..xs` �- >. ' �="� - , ,_ . _r..:�,�.�or=a:K.:.�.�wwv.irw� ,. • . .. . . . . - . . � � `4`. . � � • }� � . . . � ' " . . - - . ��': � . •. '. "__'..:- . . .:-.�..' .� .. ..... ... ... .. _. . . _._.. . . . . . � . .. . � - .. .. . .. .. � . . N<.. . • . � ...... .: . _ __. . .. _ !1-�. - ._...- . _... - . .-. '� ..�"_" . . . .., '--._ . " " . � ��... ..._. .. . . . . _ ._-. ... . .1' r ,� - � Mark E. Bernhardson, City Administrator "� _ - - „s. . . To: � � _ ___ _. r.s:... , : _ _ _._ . ._ .__--. ._ _ - .-. - -.. ...., • p=�; . . Thomas J. Jacobs, Buildinq Official � ; Dates ;- -�- November 17, 1987 � ::� _. - • � . _ ... `.. �..,_ . • •__. ` ..____ _ i�. - gubject: 3536 Lyric Avenue - Junk i Debris - Inoperable Vehicies _ t s . ;4 •' .� As per your request Z am �ubmitting a chsonoloqical list oi action �� takea on the above PropertY• �;�`- ,::. April l, 1983 Rece:ived a complaint from Oroao Police Departmant that Mr. ;.�; Saake waa storiaq junk in front yard and burninq vrithout �'r. parsnit. This was confirmod aad Mr.. Henka vras giveA uatil ��: � April 5, 1983 to correct the matter. �: 1 July 31, 1964 Letter asnt askiaq Mr. Senke to appear before Couacii to �; . :; _respond to reports ot operatinq auto repair and abandonod �� . -_ - _ - cars on property. _ azanc� : �wg. 2a, 1984 Letter saatuledito�SeMteaiberkl0�h1984is scheduled app� , . was resch�d P Auq. 22, 1984 Inspectioa conducted at above subject property by Lyle Oman � . found the tollowinqs 1. Chev Truck Lic. �MP 541 � 2. Cadillac Lic. fPDA 997 3. VW Bus Lie. �622-605 - Collector 4. Pontiac Lea�ans Lic. �EVM 426 � 5. Snowmobile Lic. #Y 1903 Chaparzal 6. Snowaobile Lic. #CN 388 Chaparral 7. Varioue Car Parts 8. 2 011 Drums Auq. 27r 1984 Iaspactioa conducted by Lyle Oman found: 1. VW Bus • 2. Pontiac T.emaas All othes items listed on Auqust 22, 1984 had beea rea�oved. Auq. 29. 1984 Znspection conducted..by Lyle Oman found: 1. VW Bus 2. Poatiac Lemans � 3. Cadilac -� Auq. 31. 1984 Insoection conducteC by Lyle Oman found sama automobiles as, on�a listsd on Auqust 29, 1984. Aug. 31, 1984 Received lotter lrom Mr. Henke requestinq that his' _ appearancs be rescheduled. � Sept. 6, 1984 Iaspection conducted by Lyla Oman tounds l. Pontiac ! 2. VW Sus Sspt. 10, 1984 Letter seat to Mr. Henk• rescheduling his appeazanc• to October 15, 1984. Sept. 10, 1984 Znspection coaducted by Lyle Omas► founds 1. Cadf lac 2. VN Hus Sept. 19, 1984 Inspection conducted by Lyle Oman founds . l. VW Bus 2. Cadi�ac 3. Chev Pick-up � � ( � � • • l '' ' / (. � l Tp; Mark Bernhardson, City Administrator FROM: Tom Jacobs, Building Official „c . DATE: July 13, 1987 SDBJECT: 3536 Lyric Avenue - Hazardous Building Action ��< . The following events have taken place regardfng the above subject PropertY: �� June 15 1987 ;i: I wet with Mr. Henke and his ccnt=actor. During this �° meeting we discussed what saust be done to the footings �"''' and foandation. Mr. Henke, at this time, decided to - install a full basement under the structure. I gave him a building permit application. �:,f� June 18. 1987 I met wfth Mr. Henke, he had filled out a building permit applfcation and submitted it fos a permit �;�:k:� �footings and foundation) a permit (#6421 attached) was '�° issued after much discussion oa if he could live in the .>>:;� - structute while the basement was installed. Because o same or simf lar cases, I told him he could live in tbe �" , structure as long as a licensed' house mover lifts and secures the structure. Also we discussed deadlines for � hi�a to respond to, July 30, 1987 he was to get a letter into the City requesting an extension and that he would complete the work. Mr. Henke then left with his building permit. . June 25, 1987 Mr. Henke contacted me on the phone requesting a site inspection of the roof. I explained to him, after I wss on the site, that he would have to finish the roof, � clean up shingles, install a drip edge, finish siding - � (corners) , and install stairs which met code. I also � �sexplained again that hazardous building action would i continue if he did not get a letter in explaining his . fntentfons. � June_3o. 1987 � Mr. Henke brought in a letter stating that footings and foundation would be installed the end of August and completed in S�ptember 1987. (Letter attached) I felt � that the City must give Mr. Henke every possible chance to perform so I agreed to this as he said he would have the money and time then. I have not heard from him since. Hazardous building action should be on hold until September 15, 1987. cc: Jeanne Mabusth, Zoning Administrator Kathleen Slatz, City Attor.ney 1 ! _. - i :_........ . . ....,. _ . _.. _.. . .. /� ��.��c, .1 51788.6 <<.:.•- " - � � t.. �_ ��`��r.-r •'v��•�". �� ;, � Tp: Mayor and City Council �Ji. t��i?�G ��-:,;�:. �,��.^Y;�- rato� «A� z 3 � �:�:^�-�� pM= Mark Bernhardson, City Administ 19.8 ,;.,.:.:, �4t:��,'�.r.�1r. Dl1?Es May 17, 1988 Li�l� ��' '�''Ji'�i'�� `;,'��::::;, . . �;=:�:�' gpH.T�Ct: 3536 Lyric Avenue ��"��'-.'�. r,r ; ��y,+,r. :ri'..;n, ., Attachment A. Tom Jacobs' Memo Dated 7/13/87 �"�.�ti Jacobs' Memo Dated 11/17/8� �s��'+�.' B. Tom *T,.;. C. Tom Jacobs' Memo Dated 5/11/88 �'�=:` D Lyle Oman's Letter Dated 5/11/88 '"`�"� � • +�:�,�:�:r, TSS�E � ��.��. '�r,�::,,�;�•:" L,�y�:�:� •�. 1. Providing the Council with updated information and actfons in t�,_t�. ;-.�-� ,•. relation to the above listed property. :`;�__.. ��.�`.�~.;: 2. Providing the Council with the opportunity to dizect further r..`^ action in this matter. u:�'�:��:; ;��'�,��:='. IIQTRODOCTION - As the Council has been aware, this property has ,,,�.;:;, een t e subject of several City contacts since 1982. The e s i d e n t h a s c o n tinued to vfolate selected City ordinances and r . according to the neighbors fs an aggravntion to them. ,.,�, • . DISCOSSION - In 1987 the Council followinq due process was ready to-=evoke the gentlemnn s temporary certificate of occupancy and had undertaken hazardous buildings proceedinqs. The owner at that point decided to coopecate with �he Cfty and make the necessary repairs to his house, which were primarily foundation ptoblema, which he did by raising his house up 6 Ag he had installinq a 6 foot high exposed foundation aall. dtawn a permit and the work continued and is now mostly camplete the City Was not in a position to deny him his right to undertake this work. As noted in Attachment A the City did undertake in � the response to complaints= a review of vehicles on the property ; and did cite Mr. Henke for violations of selected statutes, this went to Court in March and Mr. Henke Was given a suspended one � year aentence predicated on no further violations. In response i to complaints the week of May 2 the City aqain ceviewed the , property on the 9th and has further cited Mr. Renke regarding this. Currently the City is awaiti hat�effecfttthisahas in the Prosecutet to see not only relationship to the current citations but also what impact it ha�c on the suspended one year sentence. . Tosaibilitysof themoccupant of this addressttunninq aiused car buai�ess frosn that site. There ate however cettain aqqravations to the neighbors by this property o�+ne: that the City is not presently able to do anytfiing about. 1 _ � ! i � � .. � �, .. �.::." . .:' • . �;�"��`;,r. �:��. One of the neighbors has indicated her desire to attend the ��';;`, Councfl meetinq to�discuss this issue. K"'�"" �`:' ALTERNATIVES - �;y;' --------- --- w+�.Y•. 1. Accept the information , '`��`�'�� :�;�:�,, 2. Table for further information ��"'`� •.:,�, �. . Issue 2. Futher Action ' ~''`� .rG• l. Continue enforcement of ordinances on a complaint :.� basis. ' , :�.�:.. .�.'if 2. Routine reviews of the property reqarding selected ;,- issues. '`'' :�... . . �.`' 3. Explore the position of a temporary injunction �:;�,;.:.., regasding the storage of vehicles and other debris j""��,-' � on the property. 'r��• RECOMMENDATION - It is recommended at this point that the Council :`,�.` � not direct any further action by the staff apart fzom periodic t� ::�� review of the property to note violations together with exploring �� ,�: the issue regazding the possible use of the property for storage r;;�i�.� and merchandising of used cars. •j�'�``'4 �`"��.,. PROPOSED MOTION - Moved by _ , seconded by , that the Council .. accept the information regarding 3536 Lyric Avenue and that the ;�;;�;,^� staff be directed to further pursue vehicle violations as they � ,... .�.... relate to the property. Ayes ^. Nays _. �4,,. cc: Dolly Wiederhoft, 3551 Lyric Avenue �;�:��':� �:.;.:: . '1•4�. �� 'ii/.�: r_•'y. =x.r_•.. ..,. :r.:�::;� ->;�„ ::.i'L�_ . . « .. ,r�;� �:.'. .r �-�,'i. .�'. ��,. r:` !J.`. .� 'F'>; . .;',:,: �,.:� r �. r�. k�• �j til�G!` . ' '�� 4•. ......:� � "'r �- �' �'P' � � . . . � .tr"1 �w: r .. - �% � . . . -.�' ti.ayA\ . . . J. . lc. . . . . . . _':vr.. . _.:��. . � •. . :�� . �_� � _ s''Y:w . . �Y ' �I r.. . � MINOTES OF THE REGULAR ORONO COIINCIL MEETING HELD MAY 23, 1988 RESIGNATION OF WILLIAM J. SIME RESOLIITION #2438 AND DECLARING A VACANCY ON THE COOI�IL RESOLIITION #2439 Mayor Grabek stated the Council had received a • letter of resignation from Councilmember William � Sime. � It was moved by Mayor Grabek , seconded by Councilmember Peterson that the Council adopt Resolution No. 2438 accepting Councilmember Sime's resignation effective 1 July 1988 �and Resolution No. 2439 declaring a council vacancy and . . additionally establish an open selection process to fil 1 the vacancy. Motion, Ayes 5, Nays �. 3536 LYRIC AVENQE Administrator Bernhardson stated this is one of the problem properties in the City and a neighbor had requested a review of the progress on the property. It was moved by Mayor Grabek, seconded by Councilmember Sime, that the Council accept the information regarding 3536 Lyric Avenue and that the staff be directed to further pursue vehicle violations as they relate to the property. Motion, Ayes 5, Nays 0. � BIIILDING BOARD OF APPEALS Administrator Bernhardson refered Council to the City Attorney's memorandum regarding the Building Board of Appeals. Ae noted the City is currently awaiting resumes from five individuals regarding this matter. It was moved by Mayor Grabek , seconded by Councilmember Sime, that the Orono Council accept the information regarding the Building Code Board of Appeals. Motion, Ayes 5, Nays 0. CRYSTAL BAY ROAD — ROAD REPAIR Administrator Bernhardson stated this is in response to a letter from Timothy Schupp regarding the status of repair on Crystal Bay Road. � It was moved by Mayor Grabek , seconded by Councilmember Sime, the City Council directs the staff to continue efforts to resolve the repair issues on Crys.tal Bay Road. Motion, Ayes 5, Nays 0. 1958 SHORELIPE DRIVE Administrator Bernhardson stated that at the previous Council meeting under public comments Mr. Tourangeau addressed issues concerning this 14 _ . �7 l4F; �' . ,. ' - .- . . .. .. .-. . . _ . . .-•��. _ �� s 'Z.�'1'��e��"� ,r • � .. ,my.r'# �j, � �:f ati`�y, .5 3Z87.11 +� r �+ ,.t.... . : �r - . ' - ,'r ; �.:� � , . . . _ . �. �� , n • ��tl::�i:�.I=��.� `: � sp= Mayor and City Council ",} 'f � �`�� • � h�AR�171987" `��'�� 4, 17EOM: Mark Bernhardson, City admfnistrator� . �.�. ��1� �� +��Q� ;��.�, -, 011S�s March 2. 1987 � ' - �, ,.,�:. SOBJECYs Administrator's Information � � .-� � � �e?,`•/�- 4�� r � HIGHWAY 12 TASR FORCE - At a meeting called by Maple Plain's ' �� " Mayor Je f wa ton, I presented the City of Orono's position on ;�`;� the matter and indicated to them that we feel it appropriate that - the matter be explored as there is gc+ing to be significant. �.�` increases in traffic in the Orono/Long Lake portion o€ Highway 12 ''�'� Y�. during the next 20 to 3¢ years and that it may be appropriate now _: to study the alternatives. Additfonally it was indicated that .� ,.w• O.rono is reserving judqement on any particular option until those ��r alternatives have been explored. No Lurther action came about as ,. a result of this meeting. � ��. LIQUOR STORE SALE - The City put the final specifications o»t to ;,,, t ose nterested parties during the week of March 3rd and to _ �+ � a21ow the •3ppropriate publication time changed the closinq date ��';�� from March 18th to March 25th. This should not have a ��; significant affect on the Council being able to act in an ..:;; ;=: - expeditious manner during Apr'. 1. The target date for closinq �:;k;; still is by May 31, 1987. `� �µ� . -�� : DEERING ISLAND - During the February 23, 1987 Council meeting it ,� was met one t'�at a new primary service was going to be extended .;� to the island by NSP. Because of this and t►�e histocy on the :'' island y�� will note in the Attachment A an additional letter 'i� that was sent to Mr. Scherber on March 3, 1987. As noted this is °�� a follow up letter to September 12, 1986 letter to Mr. Scherber ��:;. � on the same subject. The City will be observing any activity on � the island. ? � NAVARRE REDEVELOPMENT - At the Westonka Chamber meeting held �` ,r �e6cuary—I�,-I�t-he subject of the County 15 redevelopment was discussed. At that presentation on the County 15 upgrade 2 did xa - make a sh�rt presentation to those 75 people in attendance to � indicate that the City was looking at the Navarre redevelopment ° and requested that anyoae interested either contact me by phone �. or by lettec as to their willingness to possibly serve on a Task � Force regarding redevelepment. To date I have received no ` expression of interest. It should be noted that mailings for this meeting were sent to all property owners in the commercial area of Navarre. 200 HOLLANDER ROAD - The City filed the appropriate hazacdous ' ui ngs procee inqs for 20L� Hot landPr Road during the week of March 3. 1987 and are currently awaitfng the re3ponse Erom Mr. Hollander. On a meeting held !iarch 3, 1987 Mr. Hollander did indicate to the City that he would be .ailling to tear d�wn the ;. � '. 1 � >� �: .�;. t �.� , ,_ „ . . _ -. �..- 'r � . _ 1.:.„-1,. .� n a:.. .-.' . , . . . . , . .,j..'�.in 'i�,�+'i��r r' .�r:-�' r1n+ ..� .5<'= I . � . . . .. . . . . ..i: .X- � . w �" yR r�. . . . , . . . . .. _. . . .. , .p�h. -�x;ti"-. "''t'.-.a..u+.�. . " ' . . ._ . _. . .;.`h-f.��:: .♦ . ' . .. �' ' , � .. .. . .. ..• ,- � . . _.. . .. �.. ..N.-. . � •- __�:'�;•'..: � barns aftet Mr. Jaccbs had reviewed them agaiR with tiiu�. � 396A SIXT:� AVENUE NORTH - As a result of the hazardous buf:ldi�q ac on a e�� y t e ty the appropriate petitions ha�re_��:.been . �iled. Tha property owner has indicated that he -desires �to--�ffx ft up but baa been hAving trouble with his ins�rance r.ompaay getting a settlement. The City will await the owner's response,. . FEEDING THE DUCRS - A complaint was brought to our at�:ention regar ng t e ee ing of the ducke' off Shadywood Road. Thi�c ; aae a reoccurance of a croblem from approximately ten years ac�o. -:Tbe Orono City Attorney has sent a letter the these indiaidua�ls indicating that if they are in fact engaging in the feedinq tbe • large number of water fowl that they are in violation of City Ordfnacce Number 9.13 Subdfvision 14. Shoul� this not have any impact the City will be following up durfag the week nf March 16th to issue cftations urtder the City Ordinance. ADMINISTRATOR'S GOAL SETTING - See attached information. 3536 LYRIC AVENUE TEMPORARY CERTIFICATE OF OCCUPANCY �- AS yOti may be aware t�e C�ty ut zed a hear ng examiner to consider the case of revocation of a temporary certificate of occupar�cy for the above address. The Hearing Examiner's recommend�tion i:3 that thc temporar.y certificate of xcupancy be revoked. This wf.11 be brought to the Council for consideration on the March 30, 1987 meeting . , '� ! � _ ' .. _ � .� � _ t E ;< • � t 1 � '� MINIITES OF T� REGIILAR ORONO CODN�II. 1�ETING HELD MARCB 17, 1987 - M � - ... t ADIrIINISTRATOR'S INF'ORMATION* ' It was moved by Councilmember Sime, seconded by � Councilmember Peterson, to accept City Administrator, � Bernhardson's information - regarding Highway 12 Task� Force, Liquor Store Sale, Deering Island, Navarre � Redevelopment, 200 Hollander Road, 3960 sixth Avenue � North, Feeding the Ducks, Administrator's Goal Setting, . and 3536 Lyric Avenue Temporary Certificate of � Occupancy. Motion, Ayes 5, Nays 0. _ � CITY ATTORNEY'S REPORT: City Attorney Blatz reported on the status of the Henke _._. � . matter. � � LICENSSS* l It was moved by Councilmember Sime, seconded by ( Councilmember Peterson, to approve the following � licenses: Gambling License (Pull-tabs) - Jimmie's Lounge, Multiple Sclerosis Minnesota North Star Chapter Special Event License - American Youth Hostels, Minn. Council -Minnesota Ironman Ride - Bicycle Ride April 26, 1987 Solicitor' s License - Discount Flowers Residential Rennel Licenses - Lisa Bergquist, 2344 Olive Ave. _ D. Brian & Cathy Fulmer, 3505 Wayzata Blvd. - Thomas C. Anderson, 3550 North Shore Dr. Septic System Installers - Hayes Excavating Widmer Inc. Volkenant & Sons Inc. Motion, Ayes 5, Nays 0. BILLS* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes 5, Nays 0. . _ - ADJOORI�Il�T 10:44 P.M. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adjourn the regular Council meeting at 10:44 P.M. Motion, Ayes 5, Nays 0. ATT T: � . � Do othy . Halli , City Clerk - Jam�s R. , Mayor 14 . .,..W,. , ..-t.� _ ,�:,��rr.. .. ,. ,.. _. . . ..� .. . , , ' ' + , --.. .. :;. •. }l ___,_,_..��r.----a .—�"r'�'�.. � . ._,�`' �1;`,:� _ - . , . . . _. .. •' r ��._ � t� >}, -� . .. o � . . _. j w: j �.�I.�.-' � . .�; - � 3Z587.2 ^:� � ' � ' . .; ��, '�. � . ?',• , -'`� ��`�.-�,-�`,� 4 �: � � :, �'"` ti"' � , . , . � . • � ' ' .w /�. al.;es�� y � ' . , . �\I�I��+�� .,-�'�I''.�'>I+�� rlY . ; � . .. . . . . ��Y��.�A 4�'- . '�` �p: l�tayor and City Council . - . •-- '_� � ��.��r�.�.� �}�` �,- _ . _, �.. � - 4�' ' t�s , �. Mask Bernhardson. •City Ad�inistrato ,..�, �•-. , ��':; £� � j�}� /�� .: .,,''�r.• , .. .. � . � . . � �`• . �/1 �'�Ii�o� yt-�`d�� r. . p��= " March 25. 1987 : .�Y; ..��: ��.-,�; ; g0�1�CYt��►dminiatrator's Items . . �� . .. . . . -� _ .a �, . .j.�,.R K . ;.k � � . � . ". ' . . � �. . . � .. ,1f} ��t LI UOR STORE SALE BIDS - The bids were opened for sale o� the i :, qcor store at :0B o'clxk on wednesday,� March 25. I987. The , _ � s' total bids Were as folloWs: (the minimum base bid !or .inventory �'y "`,� ; y � '~� y, was 582.127.50) • . ' ; 1 � Tota_1 B id � 1. Steve Corl $137•5A0.00 2. Ashbeck-Guth, Inc. 118,691.27 _ - 3. Duniap/Martin 11B•2B2.SB �� The City will be reviewing these bids to detetmfne if the highest bidder is the highest qualified bidder with 'reviewing the issues regarding •licensing. There is an issue regarding published formal notice which will be reviewed betaeen now and the April 13th meeting to determine if it has a mater;al effect or not on the biddinq process. VEST DONATION PROGRAM - The City has received a total' of , 00.00 out o t e needed approximately S4,5BA. BB for vests for all theiousici�ic io ganizatio si whi h servei thee City and is the var currently awaiting responses. POLICE RESERVE RECOGNITION - At your February 27� 1987 Council - meet ng t e issue o possible City funding for the volunteers including the Police Reserve was discussed. It was Council's direction, however, at that point that Priroximatei i 5230 00thas ` type of activity be sought. To date app Y i. been donated with additional money being anticipated. It is ��. anticipated that this recoqnition will be held toward the end of � y, April for the Police Reserve. � c• M E D I N A/C O U N T Y R O A D 1 1 6 E X T E?1 S I O N - At the CitY�s tioneton t f�e ' f Counci meeting e N t a r c 7, 9 8 7 t h e r e w a s o p p � �; e x t e n s i o n o f 1 1 6 in attendance. Following substantial discussion � �. the issue was agreeded to be tabled unt i l t he Apri l 2 1, 1 9 8 7 p meeting. HIGHWAY 12 UPGRADE TASK FORCE - A meeting has been established by � the Mayoc o Map e P ain oc Monday. April 2�. 1987 at 7:30 p.m• i in the Maple Plain City Council Chambecs. The purpose of this `: meeting is to invite Council members. Planning Commission . members, and staEf to � prameregardi g Highwayal2eupgrade.�meAl1 of Willmar and their prog 1 � �� F _� , . ..._ .. .. .. ., ..- . - . >. .:. . ..,, . .., . _ , - i� :>�._ - ' __ '�„�"', m>�„� `yje+X �- ':h(sg i,�""=."'°M k�_. ,�� 'ye.'y"-,'.�,,•��`„�*"'„'� n n,ap�,�.; RM: E .:"�a'. I1� +a i�� K. a k'"", '�i �yy ' a - �'�„� ��.�r �. .+��4.. e � ' . � � ... .: ...+r.: �k. ..,. . . riA'i � �' i�'..' _ 4'� �K•� <. � �-. �: . r . i . � t ''- ��T� ak f' ,.. . _ _._._ . .. . 6,... ..S. ..�:f, ' ...'. �., ._ ... � . . : . . � �':.; t�5� � . �' n ., , , - . 5 � a� , � l. - _ � . � � w r D tw � tF . .; '.•F►e� �� ' 4 � � �'•"� i,,.ab .�„},� �.��`1� rfY„�+lS'��3�'�.i, .-�#�� . ..,' s `�:.- � "�. �.� � . . '�.. � ' r � s �r r+� c . ! t f!�tf �'�p+, ;�f . +.� � x .. . - ,x : � a".n4 r? 3i1 �� 4 �s:rt.+��r�� 'M^x :,• ��i tK,�.l� �N �.t"^aq ...r:: _ .. - �_"�";," '" ,., 3:R^C�- "`�ti?,eB4 p. �ti .C.�{`ri�e`� -. �'�"� � ' 1 R� � is ^ � �� ... . ,�-..^�, C s . Y;..� '� -�,� �' � a1 t a_'1 � � **■a �c�! ti��.Y r`� " ;. ��s �..: � , t �S a y'r.^}fbSY.'""E±r�r'kR t'{.i`�`:�1�}��+�ga� � '�y,"' ��:��'�,�''?!! f �.5�.� .� aa . � . . . 4 :.�.� .w�d�'+'tli1a��,�+ '��yb"a�d� !vk ,(, t., °,�,u,, ;. d ' ^_ ,t , ,,, a�� ., .. ��- ., _; ,. :,. . �� . � �� , 'x�l��f��4�, are •lnvited- to attend (this does happen to ucoiricide�:'With �;the "�� ;,"'��'�� ,.�' ��TI� :� .- . �,» � 4, �� 4. +i R ,'. ,: ., rrg�tlat - PTanning Commisaion�' meeting lor�"�>tbe 2�Lh so it ia, �� ;� �1 �: , �-doubtinl Mbether tne Orono Planninq Commission:�or� desiq.iat�;Cityj�:�+.�t�Y� �,� i� : �-:`fi - '� Counail_sember will:.:be� able. ta attend.) �. �_ ,.:,,�;;, ,;;�"�" �� *� �,'�� , + _. ., � ..�.'.a . ,.�x � �a. �.: v ��. ; ,��1• , � � .Q^ . . � • r ` � 2H� ROLLANDER ROAD - In the last infotmational.' items it �Mas �� ` -�� . ,�. �� ncorroct y stat that the hazardous buildings proceedinga ':had��-'��` : �; '�``n .� � '� -;beaa fi.led Mith the Court. A tit2e search had to be conducted `=, , � �� •�.��"�' `�-�;;and the resvlts. Nere ca4apleted this week. It is�anticipated ;that ¢�r'; � : }`�ti � �; °� �-`�.};hazardous buildings � proceedings wi1-1� be ��filed�'_with '_the ', ��1 " � ��' �:�' apprvpriate groperty owners and the Court by March :3A,� 1987.�,.:� '�s�.;Y ��„ �� ;;:' � �Additionally the City has again been Working to clean up•;the ,; '� " ��x1' garbage and address the vehicles on the property. i4bile "progreas ~`` ��; �.;� has not been as expeditious as desired, staff is continuing to.,. , � ;^�� §;'- work on the matter. ' � � �'" -w�M�r�, L':' 396A SIXTH AVSNIIE NORTH - As aas the case at 2A0 Hollande= Road � � `� y r L �;:� ; ' �. a t t e searc a to e conducted on this property also. It is �:` �. 4.e s anticipated that proceedinqs will also be filed on this property � ''� during the week of March 3Ath. The buildinq has finally beem �'�� .� ��' ' secured to entry on the first floor with an indication L`rom tt�e z �� ' �_ � ��property owner that as soon as an insurance settlement is made �'`� � � , �>� j that they will be reconstructing the house. �^� a �=: -.�_ �,� �,. • , �� 3536 LYRIC AVENUE - HEARING ON REVOCATION/TEMPORARY CERTIFICATE �', OF OCCUPANCY - T e City Attorney has written a etter to t e " ��,��, property owner allowing the person a selection of either t�e �� `'.f. second meeting in April (April 27th) or the first meetinq in May "�}� (May 11, 1987) as the date for a hearinq on a revocation. Currently the owner has not been occupying the house and has been �;;�: working out of the metro area. (This is the reason Why the 30th ��:A was not a date available for him.) � 5)F: j� " .s,a. ZONING AMENDMENT - CONDZTIONAL USE - PUBLIC STRUCTURES - Attached 3�x'' � 1.^i^ p ease n the ina language adopted by t e Counci regarding +;:,�� ' public structures together with the appropriate hearinq notice of j ��,•,� 14 days. This was to have been inctuded as an item in the last � a;�-;�"� Council packet, but was erroneousl omitteJ. � � . y � �£� ��,;,.� � �`; �w. � ,��:: � i � � � " ' , 1 � i i I '�, � s�' i � i I r� � • 1 wt i 1 � 2 ��'�}dj�'",. ' .lY- �'�'��"�� Z�,��'�«�rr..s�. t K��Y�L. ,, .. . �� .y, . ,_ ., :a 3'-,, ;i;,,... .rr� N, �. .,: a. .: ; _ . -.)�' , ., - , a. .. .1 x�E^;� t ;;��d , . . _ . . �. . . . . . '.z�� . � --=�. .^ _ -- - - -: --� :--�- =-� - __ _ _ - _ _ -.� . - � � .- �. ; _ . - . � . _ -, _. -.. --__- - . . ,_ -' _ _ __ , r �` _ ... _ : : MINIITES OF THB RBGIILAR ORONO CODNCII. I�ETING H$LD MARCH 30, 1987 : _ _ . � ADI�SINISTRATOR'S INFORIKATIOIi* . - - � _._ ._:_v_�:. ....__ It - was-- moved by Counci lmember.- Sime, seconded by . --_--=-_,.-._ - Councilmember Goetten, to accept City Administrator Bernhardson's Information Report regarding: Liquor Store Sale Bids , _ Vest � Donation Program, Police Reserve__ Recognition, Medina/County Road 116 Extension, Highway 12 IIpgrade Task Force, 200 Hollander Road, 3960 Sixth � Avenue North, 3536 Lyric Avenue, and Zoning Amendment. _: Motion, Ayes 5. Nays 0.-..: _. . �_-_ ..:_ ,r _ . _ _ - . CITY ATTORNSY'S REPORT:_--- _. City Attorney Barrett had no report. _ LICEI�SES It was moved by Mayor Grabek, seconded by Councilmember Peterson, to approve the following licenses: Septic System Installers License - Thompson Plumbing, 12201 Minnetonka Blvd. Non-Intoxicating Malt Liquor "On-Sale" License - Orono Public Golf Course __ � Motion, Ayes 5, Nays 0. BII,L.S* It was moved by Councilmember Sime, seconded by Councilmember Goetten, to approve payment of the All . Funds Accounts.. Motion, Ayes 5, Nays 0. ADJOORNI�NT 9:45 P.M. It was moved by Counci lmember Sime, seconded by Mayor Grabek, to adjourn the regular Council meeting at 9:45 P.M. Motion, Ayes 5, Nays 0. A T: �"i �• . � i D othy allin, City Clerk James R. G , ayo Edward J. C lahan, Jr. Acting May . . 15 .,, .< <«..�;;: i�:.i. � 1 . .. `. . ... . .. ��. . . . . . . �.. V^ ti��..� 1 . - _ . � .. "..ki�`--,.:� f t't; � _ ... .. : ,Z: ; u� ;•- . + ;� � . . i.a L . �� 9�.: s. �_. . ... _ ._ . . . . i i.�v.. + �� .. � � ..:' .. `''�s _ .. . .."_'..' �: :. �� ,.:t��? �J�'1 �... : . sp= Mayot and City Council �� _ , _,� ,�� : �,r 1 1319$� �' " N. - . !�= Mark Bernhardson, City Admini.trato .� ,� ; . _� >. p,�= April 7► 1987 '�� . ,� ;: � ��:Y �� Q� � g0�.?f�Ct: Administrator'a information �"` :::� , '�;. . . ' . � , ' i . '.Yc', - . . . � . �!i�:_.� t � '=� `Metto Kaste Interce tor - Mint.etonka Beach - Orono - Last fal2 �.�• �' t e C ty Counc approve pre m nary p ans or t e upgrade 'of ,��:�� ' the Minnetonka Beach/Orono/Metrv interceptor, Mhich starts Yn �,t ��:.. • _i�` �� `� ` ` ' `' Minnetonka-Heach and runs along County Road 19 until it gets .to �:. ri A�'��'� " � . �� North Shore Drive where it runs east to Old Cryatal Bay 'Road. ;� �ti This intesceptor, which was originally an Orono City seWer trunk �. . . Iine, Mas taken over by Metro Waste Control When they took over ��`� � � Me !' 4 " �he Orono treatment plant in 1979• Durinq the last fep years j. „ �� this system on xcasion operated over capacity resultinq in the � { .� . ��'� dumpage of raw sewage into Lake Minnetonka near the Hendrickson � .� �` � ;�'� Hridge. As a result of this, Metro Waste has been doing .:_ , ;-;. •� � a + aignificant work on a project to upgrade this line with ;,Y .,, ' •� substantial prompting from JoEllen Hurr, who is the Metro Waste ��+�: ^ j;s"' Control representative for this area. The upgrade will ine:rease -`��,j� � to some degree the capacity in the line for the future but is � I t w f 11 � .,�:�.. f �, principally desiqned for the present overload co�ndition. �, result in numerous lines being turned back to the City of Orono .-;•�,;� �'j for maintenance. As a result of this the City is luoking to gafn ., '�:-� P< • -� a benefit by having Metro Waste go with an alternative to their `�'� .:�'"� �_ .� ;::>�x�-r ; t desired plan which would :edu�e or eliminate the need for a lift �z'�' ' stetion on Orono's local lines. This is currently beinq �� discussed with Metro Waste's staff and at a point that a decision -'..�t regarding how much local participation in dollars that Metro �'�;:�,' ` Waste is Iooking for in order to go with this alternative, staff ` will bring this back for Council discussion. Police Contract Status - The City has been in neqotiations with Law En urcement Labnc t�?e°�=ono LPol�ice idepartmentts Thpse � patrol officers „ negotiations commenced last fall and currently the City and the ,. Union are in mpdiation. The first mediation session was held the first part of March and the secnnd mtdiation scheduled, which was scheduled for the last week in April, has twice been cancelled � and it is currently rescheduled for Ap_il 22nd. At issue is the `�t amount of wage increase for the officers. POercent itThe City is . in the Metro area have been 3 1/2 and 4 1/2 p �,. looking for some benefit from changing contract Ianguage in ¢ exchange for the City qoing above the 38 granted other employees for 1987. At the point that a negotiated settlement can be recommended to the Council it will be brought back to them for your consideration. Failing to come to a negotiated settlement in mediation will result in the matter being submitted to an `� arbitrator for b.nding arbitration. .; Zg0 Hollander Road - The hazardous buildings proceedings Mere 1 � , .� ._ . . , .s , � -� � f -:.. t . „�-�^�R'�J��:� r �+,K�i�,i'j',�L �(�'��T�i�l'S`��s'�,,��. � b t, � . �� 'Y +as},fy, �?"�$ t" „'" ,._. c -- , � , tt�y+- w�<r ;�;rca +e+�.�'�3b. J r � K) ar SR-., � �, . +" ^J -i�3.L�y �...+tF'�cw,,,w �.x�,",+i.�+ . �. 1` *-� '-,a+IG� . . , . . . _ '-�.. yK .+,�'� ,�]& *.ra,�+'s iLrr�fS �L��G 1 . . . . . �'.. s :a�Y? r1.��-`* �. 7�s�" x i ,fs . � . . .r'^ y �� y, . . ]a L -.Ra �6�`1,.{, .A "�.NJd a � . � � . . � .�`y�.., '° *rr .'w��f g:--� .. .i . . . , . . . _ . 1, �..• . _.,,,,`e�p 'r �41� �., . r.,"fr4+i ,R..k 7� .. �:. ' ..i � .` � � . ._ , : „ � ` l'�� lil�d on April 2, 1987 rith the property o�ra�rs and '�h• Coucts:� 'u '�� ' ��?he o�rners have untii Aprii 2Z. 1987 to respond ��:Mith =',th�i��- �. .�.��,�. �;�� ; �obj�ctions. Nhtle preliminary indications were� th�y;�ay� lear4� *�: ti ' •� ,�.� :�dam !h� barns, this Mill not be known uneil they:'sespoad :�.to;th�� -�� ";,,6asardous bnilding proceedings. Additionally th� City:is ,�noN�=rk : : -desling vitA the estut� raLher than tA� resident to c2ean-up Lbe�'�`�"`� ` ✓ �r^� ,. * �;..�•�c+ �,�;_ :,prop�ttr. , ¢�r� �:,�� ' , y :4 � . . _ . .. . .., s.�:�, ';3961f�Sixih Avenue North - The title search �has..been completed on ��'�� ' ��w .� . _ �,, y ..,� s pr o p�rt y, onever, they are seasching �or one .prbperty-.a+ner� � .� . �� !or- notilication. Once this party has been located the�� ,�,�,�• � ,�r;F„ , ,�Pcoc�eaings Mi:l be filed with the properly a+ne�s a`nd:�be ConrL:�� , r . _ . • . ... .. ..""i. ,,.<.:_sc.� a�, � `., '��,::353_6 �L�cl� Avenue - To date no response bas been .r�ceive� f=am �a-�� _ �': e onaer o t e property and abaent a _response th3s -Mi�1�I ,ba��'�;-x ' .� `'scbeduled �ar hearinq on May 11, 1987. iThe a+ner" h3a �recetvecl, �:�* " �H V the notice for response via certi�ied �ail at -an� address�in �'� ,,��- OMatonna.) � : y��:�� i�rr. .:'..: _ .. .\. .' +� .fi{{'�.�e .. '` � 216/ Na sata Houlevnrd - Fuel Leaka e - On April l, 1987 Jeanne 'r;''�`�� ,�... � .;.r. .aa.,r�: � Ma ust rece ve a ca o a strong smell of gasoline at.�the �, ..-��.;fi� �K � ` Orono Sbopping Center. She immediately contacted the-Oroao �' 3;��,9` � Poltce department, who in turn cantacted the !'ire Department. sY :'-�-�� Opon arival the �trong ordor of gas was noted and Metro Naste . ,:,�:♦,:�� ' Control Mas called in to check out their linea. AL 2:00 o'clock � � ,,F.;,, �;� in the atternooe the Pollution Control Aqency vras on tlte scene ° and took charqe o! the operation. The aource o� the gasoline in - the ground, which appears m3ght be a considerable amount, has not . :; been determined at this point. The PCA continues !o vrork on the situation with the building o.�ner to ascertain the aource ot the contamination. Adminiatrator's Goal Setti_n��Status - Attached please find the goa atatus as �tTie encTo� MarcT.- inaurance Information - Summary of insurance Coverage. The City of Orono receives the bulk of its insurance through the Leaque of Minnesota Cities insurarice Trust (LMCIT) which is a self insurance pool that is comprised of 756 of the 854 Cities belonginq to the League. This coverage is administered by North SCar Risk Services. This City has utilized the services of Dewey � � Caslson of Apple Valley Insurance as its agent for this insurance � `� the past four years. The City of Orono went to using the Trust when traditional • � insurance companies began avoiding municipalities in the early 80's. Most of the municipalities went to the Leay��e Trust either because the League offered a lower price than their current carrier or they would receive no quotations whatsoever. The only �; municipalities currently with commercial companies are ones that heve been with those companies for a number oE years. Generally these commnnities are unable to get coveraqe or quotations from any other commercial insurance company. ; 2 � �s fi _ . - fi ' "� . . - . :,,__ , .: . ........ . . � .__.. �� . _ __.. _ .. . . . . . . _ ... ., . ... .....:. . . . . , _._ ._. . -; • � . 1rlINDT$S OF TEB R$GIII.AR ORONO CODNCII. MEETING H$LD APRIL 13, 1987 TEi�ORARY ffiKPLOYIYlENT - ORONO GOLF COIIRSE* It� was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the temporary employment of the following. persons at the Orono Golf Course effective April 4, 1987 at the listed hourly rates: . , Doug Erickson, Counter Helper @ $5.10 per hour ,_ , Betty Stevens, Counter Helper @ $4.75 per hour _.-.:- Roy Peterson, Counter Helper @ 54.50 per hour Elizabeth Hill, Counter Helper @ $4.50 per hour _. Norbert Quinn, Counter Helper @ $4.25 per hour . Dan Oas, Greenskeeper Helper @ $4.50 per hour Richard Nelson, Starter @ $4.50 per hour Motion, Ayes 4, Nays 0. CITY AIICTION -* �NCLAIM$D/CONFISCA7.Z:D/SIIRPLDS PROPffitTY - lsAY 16, 1987 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the disposal of unclaimed, confiscated, and obsolete property at an auction to be held on Saturday, May 16, 1987 at 9:00 A.M. at 1285 South Brown Road. Motion, Ayes 4, Nays 0. ADMINISZ'RATOR'S INFORMI�ITION Regard�ng the Metro Waste Interceptor item, Councilmember Peterson requested clarification on which lines would be turned back to the City. Public Works Coordinator Gernhardson pointed out on the chart which lines would be turned back to the City of Orono for maintenance. Cou�cil accepted Administrator Bernhardson's Information report regarding: Metro Waste Interceptor, Police Contract Status, 200 Hollander Road, 3960 Sixth Avenue North, 3536 Lyric Anenue, 2160 Wayzata Blvd.-Fuel Leakage, Administrator's Goal Setting Status, and � Insurance Information. CITY ATl'ORNEY'S R$POItT: City Attorney Blatz brief ly discussed the status of the Henke matter which is scheduled for further discussion at the May 11, 1987 Council meeting. • 10 � . ^ �e�.:,��. � rs " . ' � 52087.3 . /J �';� 1 '� ��';. �1 \' ; �'�:�s�y��:? �'�71N6 w _�.� � - .;z��: tijAY z�tsaT =,��• TO: Msyor and City �ounc±l F.�#, � K� . . .. . .. .. .. :�' v�1;F�... . � lROM: Mark Hernhardson� City Administrator ,�i�i� �iF �RQ� ;�:, � . ' ..;.�1. . D�1�Es May 2A. 1987 �` -. ,� �� , � StT8J6CT: Charles Henke, 3536 Lyrfc Avenue - Revocation ot ;�� '` Temporary Certiticate of Occupnncy : ,�-�: : .� h; Attachments: A. City Attorney's Memorandum Dated 5/15/87 � ,��w��` ' B. Findinqs of Fact, Conclusions and Reconnaendation :� .� of the Administrative Law Judge Dated 2/26/87 �: .� � � � - _ � C..Henke•s Letter to Administrative LaN Judqe �.��.r� ' D. Resolution for Revocation of Tempotary � Certificate of Occcpancy , " r . � .. - �.�y�. � _. � . . ; ��: =�' ,}�.1 ISSUE - Determinin.l if it is appropriate to revoke the temporary -�":,,� ae�ficate of occi anc issued to the - `'�;°� rt p y property described above : iasued in July of 1�93. ' �"=��` ":se INTRODOCTION - Attar,hed are the matarials that outline a caae • t at commenced in 1983 when Mr. Henke indicated that the piece o!` '��,;;,,, � property the City was contemplating hazardous build:ng ,;:� proceedings on, he was going to purchase it and ltvt in it _°`;' temporatily until such time as he would be able to tear down the :�;; structure and build a ne� on�. A temporary certificate of �"'� occupancy was issued to him based on certain requirements be �'::,' taken care of. H•: indic�:Led that he would take care of those and - subsequently indicated that he would noL tear down the house. ��; Since the hay bales had not been removed fr,�n the foundation it . " was noted that the foundation was now an issue. Temporary certificate of occ•�pancy did not have a expiration date - on i t. - d � The City tried to work with Mr. Henke to resolve the problem including dire:ting him to financial assistance to take 'care the metter, however these have proven fruitless. In orde.r to give Mr. Henke his due process this matter was put before a Law Judge for an independent third opinion prior to revocation on January 21, 1987. It was the Law Judqe's recommendation as noted in Attachment B that the temporary certificate oE occupancy be revoked. DISCUSSION - Zn order to oEficially revoke the tempocacy cert icate of occup3ncy in this caae it is appropriate that the Council conduct a hearing to allow Mr. Henke the opportunity to present his case and for the Council to make a decision as to whether the certificate of occupancy should be revoked. RECOMMENDATION - It is staff's recommendation based on testimony to date r.hat the attached resolution revoking the certificate of occupancy be adopted followinq the presentation by Mr. Henke. f . . . . _ ,.. ...... .. .,. . . , . , ., -, . .. " . ,... ,r . ;.::�- ,. , . .�. ,: ..: ,. . - .. : . . '�: E' i=L * +�,x�..r:�r � .r�:.��^t �,?•.� � �-� :�4 . . �_� � �Ys y4E:N`��:;:��'��.��5`J��'�.�..',;,,+'.�:.`�.�• �' p.-� ,�,,,._.�. ,. . .::. �� .�,,: .:, �.. .- � '. ... �'-�, ' ;:.., . . . �, . ;- .. .. :rsaY.�e!4'1'�� ..-d.�. +�. . .. ... . * t k�.. .' ;. • � � � �'ta. . a, - < �.. . � � . . . � . _` i .�5: Z yY e�C�.. � -: . . -. -r- ''�.ch. .a °a ;..' a � - . . . 3t.! .d4r . _ � .. � . . . � . .. .. - . d i s'�•4�.'w.L� i � . � � .. _ " *;.+�... . rv . . .....- �� '�- i. -� �_..4 a3`,y . 'r i $ �. . � . . . . .. . . .�7,�,r t,y.,� - . � .. . '..: ., t��;e _PROPOSED MOTION - Moved by - . seconded by _. to adoptedri� �;, :. _ � resolution number which revokes the tasporary certificate of :�;,�,�_., : occu anc for the ro ert at 3536 L ric Avenne. A es _, Na � :' °'" ' P Y P P Y Y Y Y �y;.� _• �' . . . F•�.".A . � . . � ai li',y`�'a� . . . .. -. . , ,t � ' . . � . �1h�:T ��. - �.'. . . ' - f�'._.�. . .� ' -,. � � . . i,.��?'". " :_Fi�. '- �1 . � . � .. 1� �� .- . . :.,'�L.�j, �, c� .*'_ �,• � i..:�:+.s(- . . . . .'3.. , :.� � ��.-�:-� : r s y ; .� �i � � �; b 4 � .� � : , � # 1 2 Y ♦,- t . � � ..� .. .�.. ... ' ��.r i. ' '.:e - — � . . _ . /• " . � .. ._ .. . .. . . . ,3 ,�.y':ZF rnx �a:::.. ':.yt �v R � ' • �. _ - ._. .....�� .� I N� � � - - c�ty �f oR,or�To ; �: � ._ -.. K� . - RESOIUTiON OF THE CITY COUNCIL ,' :r=�� t %:i= NO. � * ;a 1=;d t. A RESOLDTION ORDffitZNG A8�!?BMBNT ._.._._._ • OF EAZARDODS BQILDZPG ACTIOIf AT y 3536 LZRZC AVSNOB, pRplip M88RBA3, the City of Orono is a municipal corporation orqanised and ex.istinq under the Iaws of the State of Mfnnesota; and aHSRBAS, Richarc: gowman Gilmore, Mary Ellen Anthoay and Audry S. � Gilmdre are the owners of record and Charles Lewis Henke has an iaterest in '. ` the property located at 3536 Lyric Avenue, Orono, Minnesota, herein � referred to as "the property", and Ieqally described as follows: Lots 19 � 20, Block 4, "Navarre Heiqhts", Aennepin County, Minnesota � �� (P.I.D. 17-117-Z3 43 0056)p and �' NB$RBAS, the City Council of �,:he Cfty of Orono, haviaq duly considered the matter pursuant to Minnesota Statutes Sections 463.15 to 463.261, hereby finds that the above described property is uninhabitable and contains unsanitary and hazardous conditions which constitute a public nuiaa�nce and which makes this property hazardous to the publie health, _ safety and aelfare based on the followinq findinqs: 1. Over two layers of roofinq materials on 2x4 rafters; 't ; 2. Improper footings - concrete blocks stacked without mortar in joints - improper depth. 3. Bnilding is in a state of 3eterioration aad dilapidation, thus i* � is a safety and h�alth hazard pursuant to Minnesota State Building � Code/Uniform Aaildinq Code, Sectfon 203. I " 4. Orders to remove or repair the structure were issued by the � Building Official on February 19, 1985 and September 10, 1986. These � orders have not been complied with. t C RO�/. TBBRBPORE, HS IT RBSObpBn aa follows: t 1. That the City Council of the Cit ef Orono, � Statute 463.251, herebv orders the owner!s) to board upsand s cu etthe atructure within ten (10) dnys. The City Council further orders that unless corrective action is taken within ten f10) days from the date of service of this order, it will result in the City properly securinq the building and the cost thereof will be charged aqainst the real estate as provided in State Statute Section 463.21. 2. The City Council of the Ci.ty of Orono, pursuant to the foreqoinq ffndings and in accordance with Minnesota Statutes Sections 463.15 to 463.261 hereby orders the owner(s) of the property to make the fotlowinq repairs in order to correct the hazardous condition: Page 1 of 2 .�. �. 7 r � . _ . _ `�s.. . �"b.:+'� '�^ � ��,.r. �� a :^!' : ... -, � C�ty of OR.�N(�► ` � ;��y� F. j;�f . fi �"'��..� 1�� 1G 'f' . . . � ' `�v�� '- RESOLUTION Of THE CfTY COUNCII u 4 � �/''!.+'�",�r�Cp�. . . . .1�: ��: ��r NO. � t,.� '1 ��i .. . � �� `� t�ti.��,^�Yti+��i.:l,J g ��V� �!G:�. . . '�.i ` a. Pzovide new rooft , .;,� b. Pravide proper footings and foundationt '� , c. F-rovide proper mainternance to structure to prevent" �; �� ,<;. deteri�ration. �-+ .x t �` � 3. Zf th�� repaizs aze not completed by Jun� 15th, 1987, or unless an � ansv�r ia fiied within tventy (20) days lrom the dete ot service of x this ordez, t!�e City ahall move the District Court for summarp ; enforcement of this ordei. 4. If an answer fs filed that contests the hazardoas buildinq action, `� the mntter ahall be tried and decided by the Diatrict Court. if the :� � order. is austained by the Court, the Court shall fix a time after .:'"�� • which the buildinq ahall be deatroyea or repaired ra set forth in , _' Mianeaota Statntes Section 463.20. 5. Z� tb• Court's Judqment is nat complled vith in the tiae • � ° pt�s�sibN, the Cit� w�g� �eak� the orQersd repairs, rau or re�o�r� tb� i ' h�aardott• conQition er b�siidinq, or acquire the building and reai eatate on ahich the building or hazardous coadition is located by ` eminent dom3in. The necessary costs of such repairs, razfnq or removal, includinq bit not limited to attorney fees, witness fees and filinq fees, shall be a lien agninst the real estate on arhich Eh� hazardous condition exists and wi?1 be levied agai.nst the propert}� �s set forth in Minnesota Statntes Section 463.21 and 463.22. 6. That the City Counci 1 of the City of Orono hereby suthorizes and directs the Mayor, City Clerk, City Attorney, and other officers and ' employees of the City to take such action, prepare, sign and serve � such papers as are necessary to comgly with this order and to assess € the cost thereof against the real estate described above for collection alonq with taxes. Adopted by th•a Cfty Council of the City of Orono, Minnesota, this 26th day of May, 1987. APPYtOVED: ATTEST: James R. Grabek, Mayor Dorothy M. Hallin, C ty Clerk P�ge 2 of 2 .! � .:� -:... , _.- . . . , ,.. , _,_ _ .. :. . , : � . _ . � ;_ _ ,._ ,..< � , ..... - �r ►. . 'r�ii�.�aap""F,�i�.s yda�� - . . _� _., .. � ,��Y�.1. 'j.��.� ��. � . . . . .� �� ' `� . � . ' ��.... R�• � - '`��'�=�:ya� � ' MEMORI�NDIIM � O V L5 :: � ' .. 'T�_. D r �: � ,s��.,��; ; Tp; Mayor and City �Council M_�n5era �Y � 91�T ' �(, �''�'�*i'� �� V ,.: ,.�;�., ;*, k*i: , 1�tOM: City Attorney�� <.,� �?"��, .'; �••'e`i '� �`.� D1►TE: May 15, 1987 '� Ct �� .~ , �s.;� a�Ar _,: , � z� � gB; Henke Temporary .Certificate of occupancy 26198T `,: ;,."''?`;� .: j ;, 'u� `�'k^� a � �,�_ ,- ��f�a�o�o { � a�: �.�`.- 'r''. . � ,SeF.forth below is a factual and legal analyafs of the �"�� `� � Aenke matter acheduled on May 26, 1987. I have also attached `"� ' copies ot the Findings v� F'act, Conclusiona and Recommendation `� �� ; iasued by an l�dmfnistrative Law Judqe on this matter and , z ��#: � Mr. Henke's exceptions to the recommendation. If you have any ..�.�: question� about this matter, please do not hesftate to contact " `�� . �� : , me at the c�fice or at my home, 884-8679. -';�.�.� , : �� t ._ � FACTS � - � �, . :.,,:� The structutally inferior condition ot the house '�'��`�" .<;:.::, located at 3536 Lyric Avenue ("house") and presently owned by Mr. Charles Henke has been of issue with• the Cfty of Oroao ,.{'�, a t"City") for many years. The house lacks a structurally solid foundation and footinqs and instead is precariously •.estir�� on ' cement blocks which do not extend below the frost line. Such a ; condition is in violation of the Uniform Building Code (IIBC) and the State Suildinq Code (SBC) Section 2907. In addition to the footinq and foundation violations, the roof on the house fs fn a state of disrepair and does not provide adequate protection from the elements. As such, the roof is in � violation of UHC/SHC, Section 3212. Mr. Henke was al:owed to move ir.to the house on December 23, 1983, on the condition that he comply with the t � . .;. . . ,,.. . . .,;. ,.,. - ,, . ._ . . - . . h� .-, ti #:� � t' .�„.�..r_ ^�-�+t^,�.Y�.'_�4i.s�„Y'Ai,xj�� k , . . . . � .. . . . � . . , y: e � 5e.� ��1�wx:.�� ,� . . . .. . -i:. .•.w.:. 7:+w� µc�„} 3 ,;� ;� . � ...'. ... .• � •. �� `' . . .� `kr�� . ,�a, u, � • ` �:� . � tJBC/SHC Dy fnatalliaq tootfnqs, a founc�atfon, and bp repafrinq , ,� �ry �.�,�, � • the sool. July 31, 1983 was the agreed upon completion date. � 4 ^.;y:� , � �r �. 1� Sucl� conditions were aet torth it� a Temporary Certificate of . ,„ :�� , Occu�aacy. Mr. 8enke �igned the Temporary Certificate ot ��n,�'y'� : � ��. � � Occupancy aad moved fato the house r+ith full knoWledqe o� the ��: � , � �y� ' City's expectations and the fact that he Was in vfolation of `- "`' ^ � 3:.�-. . ' � . .. ..- 4�:��. ! �� ;�. ; the respective codes. The Cfty, as testified to at the �- � : hearinq, r►ould not have f ssued the Temporary Certificate oi .:' f:��y , t� : .: t;s?',�� `�Occupancy had .the City staff knowledqe that Mr. �Heake.�did not �': „� . ,,� ,4;,,�..<. ` intend to abide by the conditions agreed upon. The house, at ` �`" the time ft was purchased by Mr. Henke, was severely ' � �� ' deteriorated with filth and debris strewn throughout the :;� V�; ;�„ :. premises. As �uch it posed a threat to the pablic health. { *` ; ;�.: s= safety and welfare of the community. Upon the death of the i��c c ,},;� previous owner and prior to Mr. Henke's interest in the '� ' ;;;;�. property, the City had posted the house to �Jive nntice to all -•�v perspective purchasers that any future occupant would need to -+:` obtain a Certificate of Occupancy from the City. At the same tfine, the City beqan to take steps to condemn the house. Upon notice that a Certiffcate of Occupancy Was needed ` from thc City, Mr. Henke contacted the City Inspector, Mr. Thomas Jacobs, to discover what remedial steps were needed to ` �. be done in order to make the house habitable. Mr. Henke told the City ��:spector that he intended to live in the house untfl summer, at which r.ime he would tear the structure down and ' build a new house. Even with such a stated objective, the City ; -2- � 7 ... .-,:. . .:. . _. . r .... .. �...'". ..�� •' �..... . ;. � .�•.'.�.•:_ R.,.:.. ' . ... " . . . .,.. _.- .. . . .4. .� . ' . �k A I.h ps � � �4•;i K � ' ' ;� �� y^� �.; .-.y/ .�t�. �.:� ► 1\•'�"Ft �� i '�� : � � . ��:'"` � Y'{�i�" ♦f' 'w .3� _ ' _ ./�J�} � � Q�� .. _ n -r+ �k, 'rsa" �+ti- » ,� - '. � ' .': '' � ��i� ��., y � � .. � • . . .' . . .7r 'w:"�',r k� _Ai• "' '�t.�-�iG . . , .. . . . `�',4v��'�,N`.�i�.. . Inspector lialed nine improvements that had to be made before '� �; , �� `,. tht honae could be inhabited on a tempocaty baaia. The nnsonad � ��"-:-" ' loottn a and loundatfon were not detected at this time due to ,""�'�� 9 �'� ,•.,a ��PR � tbe exiatence of hay b�les acound the base ot the house. �� * ' �F '. ' Z�� 1lftet Mr. Henke completed the majority ot the -�t�-- ;t..... . - -� improve�nents, Mr. Henke notitied the City Iaspector that he had �' �w�' �r,. changed hia mind and that now he intended to make the houae his `�� .:-�, Y � '. � 1pY.S ,.. ' , .w y� t" �pdtmanent 'dvellinq. ' Mr. Jacobs then atated tbat nnder:tbati k�"� ` M`.. .. � . . `�r;.. �:- condition, the footinqs, foundation and root would have to be ��" _ �_ :��.. �,.repafred prior to the issvance of a Certif;cate of Occupancy. ~�" 5+� Due to the winter cold and the dtfficulty the weather posed for '� �`�"`' . ,..,:�;: �... construcLion, the fact that Mr. Heake apparently needed . ::;��;° <. ;�. immediate housing, and the fact that he had cooperated. aith the ';�';� : r City to thfs point, the City aqreed to issue a Temporary ,`�� :i Certificate of Occupancy with the conditions that the rool, '�� `'� i footings and foundati'on be repaired by July 31, 1983. ��;:k � Since the siqninq of the Temporary Certf�icate of ;''• Occupancy Aqreement by Mr. Hen'.e, the City has encountered ` # ;� nothfnq but resfstance frv�n Mr. Henke and his refusal to '� � fulfill the terms of the Agreement. initfally, the City attemp�ed to work wfth Mr. Henke to facilftate the repairs. The City provided Mr. Henke with fnformation regardfnq available community development block grant monies that would have substantfally reduced the costs of fmprovement to Mr. Henke. Althouqh he indicated to us that such application rRs � been made, Mary Anne Hernandez, a representative from the offfce administerfnq .uch monies, denied hearinq from Mr. Henke. -3- A _4,' 5 w ,� �, ��•�w.~�,�+ „�r��y,. r-_^�� ,r-.�,�� y:..b' �`� A ..�v,�t ,�ry d��+,k,.A'.f�.,��',�.,+*'��5�'Yc � �� aw ��' �t°� ��. - �'�� • �'�� ,�,�� ' � �.. -. r .. . .'. .. .. , , . � '� _...`t�`3'.s"� y , �'y^- . . . .W �'..�„ "i�'��,,'�S} „F g�I .. . � _ � Yw ec: S+�-ti �'T� : . . . . . , ... . . .. w `_L u. •,s Jt� �r•.. A = The Ci*y also provi6+sd Mr. Heake With �i�tormation ` �'��'� ._ -� - . � . � . ,1M'a ..r#. %..F�1•.� . ,: � � : regardinq alternative pier lnotinqs and foundation types in ;; ;�,fi ... �4 .�� ord�r lhat the buildinq be �aade secure at a m=nimai coat to �=_�'�z ; �i �. '��^ ". y� � �. �•^.. hin�. 11a teatitied to �t the hearinq by tbe City inspector, it . �� - � , � "�:� q.r .,.. . � -�)4 Yft�w' � was apparent that Mr. Eieake choae to ignore thfa in�ormation , �. #t `:'` , < , P,,vh �H w, �. and<fnstead obtained quotes ��or repafrs tha� involved work 4 � '� .�� n, . .. z*1r. ;s = ::�.< xr�.. ..:.: ., , , _.,�, A; �;�. .: , '� � �t beyond ahat is necessary to meet the�IIBC/SBC 'regulations. ' '4 `� �� . ,: � .� �: ;�� = �t��}� !. � °• ,'� Mr:�fHenke's adamant refusal to remedy the atructural ' _- _ �..A :?w: ... .. ... detecta, of his house, foiced the City to seek redress in . �� .�� }. Dfstrict CourL. A citatfon was issued to Mr. Henke on r,.• September 21, 1984, citing Mr. Henke for his violation o� ;�'� � , . �� ; ; OHC/S»C Sectfon 2907. The Cfty Attarney had �ha matter set for ��;k � ; ? hearinq but later continued it f�r aismissal antil July 23. �}� �,��. i `�:;`� ` 1985, upon the 8ecisfon of the �.ity Council to allow Mr. Henke "� 1� . . . y��1 �. �' aAditional time to complete the necessary fmprovemente. The ";;.�,� ' '';:'r i City Council arrivEd 'at its decision to extend the perfod affier ,��;<<�� ,: :�� holdinq a public hearing on the matter and allowinq Mr. 8enke �=Y . , to testify. Subsequent to the hearinq, a letter from the C. y � .�;�:� j v;� Attorney was sent to Mr. Henke settinq forth an explanation of �-; �: , �. the Cfty's position. �'f Mr. Henke did not correct the hazardous condition of �:,;i his pcoperty in the extended time period. Instead, he steadfastly adhered to his position that he did not have a duty to correct the deficiencies of his buildinq. On October 10, 1985, the City notiffed the Distrfct Court tyat a trial date � was needed as the matter had not been resolved. A trial was � -a- , - j a... � ..: . � ... , .,, . . .,,........w..c�.,,r.+,...,.�;.....,,.....-.-+�_ ._.... ,_...._:�_.. . .. � ... . . `� � , . . �i. , , .� � 4 ,�y� '�I_Jij'1 - .u�. . . � . . . ..:'i..?A. . . . � . ... . � .!t.�n°Y�.., r-%f [n-�Y�`?sY_.�n�t:�siay��}�!; . " _ �wv �[�ib. ! ",� � . _ � • *`"qy yi�th +- � �'�a t _ „` X t�`. i R 'n� y� , :�a � � a: ++''`.a:.*. •`,"fi ; ,,,y. , ' + ��.4, ':;�'. �' ��.,� • ""� ;''�,s�"`�. 1.:�s:.• _ �a„Ya W,� �. ��t tot Junt 10, 1986. Subs�qn�ntly, tht psostcution Mas " =��'�� ',- :^� ' �' �`�,., , disAiaa�d by th• pros�cutor upon consultation and aqsrement ,. .,�t,�4'rf��# ��j,' . .. '_ . w . .. - - � .•- 1 � . �tjYj�i�C.r �: ` witb tht City �ta�! ehat iucc�s�t �2 proa�cution o! th� maeti�r � ;�. �.�. �. , _ . ',�w would not •ltotd th� City a r�m�dy thiti wouid caus• Mr. H�nk� ' f`�"� � ,�,� . ;� , x ��,}:, " '��'� :��, ' ' to �ak• tAt s�psisa. Th�c�tor�, th• Ciey haa che��n ;!o pus��• ,'; ��``�`��`rs ', � :�" � a�J:� � � :i � :�.� condtmnation o! tho hou�A a• provided !or in tJBC/89C S�ation ir�� "� {�., s rR �. �� . _ � _ �- - � � c x S i- �'a�� ,W�Q�• t r .- � a .�. �„ s .. �e,�'y �n+'��"�{E.� ¢�hA9,i a... . : F 'h .�: �,,��+1c �` #t �+t• y�,':=`:-��'n, i iC;�q i��. _�-'' ' Y�.� S ' '.�'� ��-t�a d.aS • � . � t+��!y�'r'"+ r@�s.iw�t4, `�'} •i �.� �,'�F�� . F, . . . . .�-x.::. � , = 8Y �� „t; :4� t�'r � ��` - ��.^�.Given�-�the� City's desire ��to �pratect the right, o! tbe - .. � �� - �� ' � , -� �•:. parties involved, the City requested a hearing before an . � ,;,.... independent Administrative Law Judqe before movinq�forward. `�� ;� Mr. Bruce Campbell, the ABministrative LaW Judqe, held a four � /"'.�� `�, . . .:,:. ; hour hearinq on Januery 30, 1987 and issued an opinion reqardinq this matter on February 26, 1986. Judqe Campbell �. ; recommended that the City Cou^cil declare the conditional - .c Certilicate of Occupancy void and require the vacation o� the structure aithin thirty days, unless Mr. Henke complied •�rith - =� the OHC requirements relative to a secure foundation. Judge �ampbell's Findings of Fact, Conclusions & Recommendation, while not bindinq on the City, are instructive and supportive �. o! the City's poaition thdt the Temporary Certificate of �� Occup�ncy should be revoked and hazacdous buildinq proceedi.�gs commenced. ( � After the issuance of the recommendation, Mr. Henke � t was qiven the opportunity to forward any exceptions he had to j ► the City. Mr. Henke's comments, attached hereto, set forth his � s � � � - 5 f � . � � �4� i � ,�.t �,: , _ ti.., .�. s aa`wtt3-r��r't�>,rr ..�ytsx ' � 91A, 4 . . v :w - ... }.a ��'.`. Ml ,� .. . ..��a .r.�+��..*"�..a�� e 'w j 7a ti",;� I • r. . . � _ � . , ,. �_ ^�''' ,� `k'` i�� ,,� � �. . . � , . . . . �a 1, �Y'. . ..f ��id a# ' . � , � . .. ,. � 'r r:,I�} _ contention that because he was not given proper advance 3notiee `= .,,�;�� . - . -�, �.�, . ot the need for struct�ral improvements he ia not bouad to meet - ' �-� T . . . . . . . . . .�.Kf�.�. the conditions of the Temporary Csrtiticate o� Occupancy. , "�'° �;�r;� : �, � _ • ANALYSI S � �� '' �'�..�'� �� . � -- �� ..�t�'�^� , i +. Section 2.01 ot the City of Orono Municipal Code � . :; ,�� ' . .a., j```��F ("code") incorporates by'reterence the Stat� Building 'Code,� �.t �.. � ' •.� 2-��`�'�;��' `� , �fi. 2982 edi�ion, aa amended by rnles published 'and`adopted .by��be �'' �;� ;• , ~� � � ..� �. . : '"' .-:' .�. -, � i,I�M1^"�' / � Y ,�, {,,k�� State �Resistrar dated .Fabruary .21, 1983. �'The S�ate Buil.dinq t�;� F�, ;rt �� "�'�pF�= ,� Y �:'-;,�� "-�I' �::1'"_ ' ., .:-�. ..� . �,_ .�.< . � ��•,� ;i�� ,�:. Y .t> dc . � #. .. . y �ES � ` Code, ia turn,, adopts �by reference the �1982 edition ot the�� . E�`'� ti �, , � . �..�� tt� ;, � �, QA1tor� Bnildinq Code. Minnesota Rules 1305.1000, 'Section 30T,'y'`' �� `- � , �, .^ 7� ,.:- _:s��.:" • t �� a11oWs� muafcfpalities to require Certificates o£ Occupancie� ."`; �-�.�� _ � . . � . . .. . . . .... .'rt•_ i""vY.�'�. � . 1- �. for single fami2y dwellinqs. '��' s . _ "_,.�,', Section 104(b) of the CBC/SBC states that although � '` �� ,.�:. . ,:,wt. v. J '�,^. �• alterations and repairs nay be made to a buildinq without ;, �. . . . . �..,c,r,c.?,r requirinq the whole buildinq to comply with all the ' = '' I requirements of the code, the alterations and repairs shall r.ot _ ' ••�- ` �a t cause an existing building or structure to become unsafe or �� ,�,,+r over loa8ed. The improvements made to the structure by Mr. �� , ,,..,, Henk� prior tu his occupying have increased the urgency for tre Y��x improvement of the foot:.ngs and foundation. The interior of �� ,,,,.:d� the bouse which previously was constructed of cardboard ��-�;` v''y. ceilinqs and walls was completely sheet rocked. in addition� a � ::;�. wood hurninq stove and appliances were added to the house. :.� �xd- Such changes have increased the weiqht of the home, thus � ; causinq the cement blocks supportinq the house to become even more structurally unsound and stressed. � Y}, '..� ' �j � y' w� :,+.:i��'�� ._ _. I � : . . . _ . � . _. � . , . . .. ... , : ..._ _.. . � * .��. -.� , `` � - � '',w =r;»-Y��rs.��"�`'� , : tc�: � . i . �.f�Y: . � . •:R:'I_.� _ . . , . :��.lii . .. . . � � _ ,—� •^�. . . . . _ _ y� t:" .. . . • � . . .�.. _ . .� .. . -:�trL=r. Purtbermote, Section 2�3 0� the �TBC/SBC, which ,�..�r �R�� • . operates in8ependently o� Section 104�b)r declares tbat a�y � ��,, ,„: ; _ �h� ., building that ia atructusally unsafe or otherwise dangerous to �•��. ,. �, ,�;�.w, . =a.�: ' lile ia a pnblic nuiaahce. Public nuisancee, as`set forth in -�, ,�;, . ::. r,��. ; the code, muat be abated by repair, rehabilitation, demolition `� _ .�,,�.,,: �+ ��;� '� ' or removal. In the iastant case, the Henke bonseYia a public :.- w �:Y , . : .. : �� _ - : _ ,�� aF J4 �'�-��" �` nuisance.' The atructural unsoundness of 'the b�tildfnq 'poses a j; x� thieat to the neiqhborhood. Children can easily craWl under � � � �,:: �.. `�i��iA` .;.: .:'_'.. , .. . . . . . . .:. � .- ��. � �� the honse and become seriously injurea should tbe blocka ., a" -'.Aie . suppoxtinq the house shift. Such a shift could also iajure Mr. t,�� _ �..,�;- 8enke should he be near ot in the home. >-�• ` ^ � 4, , ' In its attempt to honor Mr. Henka's pcoperty riqhts in ; the house, the City has been diligent in affotdinq Mr. Henke ;;�� * _ ..�.a� ' ample opportunity to repair the home as well as to be heard �_�'�� ,K �; ' betore the City Council. The City staff has worked aith him ...� � � �:'".i�:� .l over a period ot years, but to ao avail. In addition to ' �� - :�`. ptoviding Mr. Henke with information about alternative ways to : :. :;; meet the code requirements as well as to obtain �inancial :, �t�. assistance, the staff encouraged Mr. Henke to provide the City with an analysis from a cer`ified professional engineer tha:: the building was in fact sound. Mr. Henke chose not to _ buttress his assertions in this, or any other, way. „ < None of the City's actions have elicited Mr. Henke's cooperation. Instead, Mr. Henke has unalter�bly refused to � live up to the terms of the Certificate of Occupancy that he siqned. Moreover, Mr. Henke has refused to come forward with — 7 — - - - � _r . . •. _ :. .. � .. ._ . . ,. �..,.. - . ... . .... . .:, ,.... _ -. ,� �, . . _ . . .. . . .. „ . :. .. . . ., _ : . , .. . . ,. .;: � .. s :• �"""�s t•. Lwl►��Wl+r'�s. r'�'►�• ..s ,F ,� y � . ,,, " , ,a6 . �. f�9x:i+'�4�' �_�';#,?�y.,'� � � . . f:a..- '�� 'r""�§�'�.+1"pa. _ ".\,.N`'" �:.. - . y?4^�� , �: � � . �r �.w,,..�w •.. . .yr+� �K �A4w +^y�^. sya� +'.�r�'��l;'t"E1�1 C ,.y,.��+L 1 " ..." .. .�� . Y . �.•, .� �::� �'� �M'. �.. .R� '�i.' � .:�� -' _ .. �. '� • � K-t ., � if"'� "x�}� _. t ,,,�`��,e.+. .,}�«r �.} :��,4'.� - .. . . .u i _ . .. . - . . ' ... . .. . . . . . . �'4e �y .,r,,. �` �. �':- .• . ,. :.. .. _. . . . . . .. . r, . } .: ' '., .. ' �`�5,0 N,'� _ :�' aay� psotessionai snpport for his repeated as�ert?ona that the:" _ -�: a ��. . " bnildiaq .is structnrally sound. x° � �',., �. �� S::- `'•, rx�� s CONCLnSIOIQ _ � ��,. �N �: _ ' .�«�..-. � z� ,u Hased on the f.acts a� set forth in thia secord, _tre ' ; ,�� ;� . �� . - . � R,., �r ,:.; '� ' �`�4r _ ,;; ,�- Tesporaty Certificate of Occupancy should be �revoked and '�✓' �f ," , , ,. , � . � r' r' �T � � soceedings commenced #osthwith. = F� .�� : .4:�x�,�� bazsrdous buildinq p t �� .�4 ,a,Y� `J."r4 f a .. . 4 ' 't �. - ..r .�'+r " � } � y�k' 3,� A-p � �':.7 r1 r , r'?�'v� i l.�" �� ''s G. � i �; '„ : .i acr � �y..'''i-�., t%t.r q �,. „ . 'h'. Z ca b"4j� �; �s+i�, rc i` r fi a ,d_�'-',",�'�+Y..T, -.�! fi v '.�A 4 �,, •�_�, 'r : i .�-�� _` � ��z° ��wk - `.:�"��','1.�� '.��€'.�'�.-�.ai�J. � :c'��''.y�-�rH.r'S3R:i�.s�, .{� �"��'~�'�'7 . ,y� Ak£• -�; � ':ii "+'Z „y..�, .�ri _ . ,xi< <r , .K �it �.,• 'y �s"� . aN,.� �� . .. 'Y�. . t r `YW�� . t F l� }. � ._ . � ... e ��'��'..y; ..�. '.n. �Y�� `�' �` �r?,: �y tiT eSq4L Y� j'rs1 � .'At:. . � . i� .,:�.3�f��:S, `' + �- +qYrf� . _ +�C'3�'�, ' � �. - �!. �� '' � � � � � �'.��' �� -.�, . i ' � . . ' Y 1a� . . ` . �. . . " .�_� �W. ``�r��£� ' , 3; Y�--'{�'`�` lU8/jmQ/3380A ` Y�` � . ... ; cL��,�� . w+ ° 4 �'? , � � � . . ,"<fid,.;4�r . . . .. . � _ ��YM . ' . � . . . � �'y.;.:,:`� . :i?. - 'y;r: �k. . . . �.. _ �''"� . . �.',:,;�'� ' ,_.y� :,;z '�. � .,�� :+ P '�C � '�� A >' .� - 8 - � • '; � ,. a� t `, � j� *�, » p 'cr '�''"'c�"Ql . '� . ... , �'+M,��l+'�'r�W�t�R> .•�{ �l. �tl�/ '�`x� l i ..� +A�"�r R4 y� .,� ��,,. � • � ��}}�� -7�.%'.72L�ti r i S r �' i.�.` f• F t �.� � � � J`�g� �*s� [. t _-.�J'L`''� ,3 ��6j�� r± -�3,°: s'i , � i�, .,�` �;f,3. �� ''�v� ,..w �. . T",�r+� ,� .. q '`:4,., as ,3� ,k3"`, �"�c �►� ,..i �`,�; �. �� ''�4.�� y� `_�, ,�'�- ; �:T� Pi .\.' ! _ .,.�y: �,.�q� T� �, :w�.'�";%i�l"`.• �.. .�."'M Y'e' � j -IZNr". ,9.f+;P .��y �L�.�J �.:�.� y_ _ 1' .,��. Y: -!'I_'' '1:. ' �t.:VT:'_ �t k�.'" ,�l��3'�. .Ri/'s". - �S;:�". ��'� �.i� ��e� i Y:.. �.. �'..{�,� '}+f�c��r�'�x.�w��p'�'�'�j.y � f �pi� ./ di� .,� y � Y��.. f,1' �,t�;;Y J i::� lt� :�7w�'i),J'.'� . � .� 3•y� �4^.. ..�h ;. �� , }� �. 'i� � ST/4TE OP=MiNNE5�4TA `�'��°��;�:x..� '� '� ��; -� - . . . �� ,.� �� "bw�r �� d�/1C�OR AOM/N1lTIU�Tl11!MtARIN�f t1..r-�;;rro �}'�t'�`''' �`; � t .�k y � ��,rr F",�' y � .i ��'. r'� 'Tsw�u;t; :10�'SYYMIT�rlMlf�YKOMw��'� " � � *�'�,' '�#: k .,, �:. �` "'`i� t� ' L '�" '�' !�O/OYMTM AY[IWt/OYTM ts �;5�,�.��,;� { c� .��>''�t'�%��.,;•� � ' MIMMtAMOIM.MM1M[iOTA-SMIs tar �t=,"9 'Sl�. �',' t-* .,:}. �.� a i �: . .�� ,r��w-s �iE► . .- d'� � , ��.� - < �`,�st��arsNs��- �r* ;y�;y ,� R f : t�^ ' '�'.' ro'#y � '>' 'r•'�wY .Y6 '�"° ei s l r��t� t S��- '^` r � � �. .►„ ' '� 4'hy 2��'��t 1,�i� '�"1-�"''.}3Y��T�{',Y,'�;F.�y[^ rr ��z�� _ �a' � • ,�,�� F ��1� �F�� , � ~ �� • % �� s' � Y ,�� t Az � � ..rr�� tvf ��y � }�./, `' i 'i�Ftbtniry 26,�,y� .��Y� i'c�� .,a��` t �tf ?� �'4 .f'e� .Ya�'� ' �y��t� - -;�-Rek f��i.,jyc��'��7t n7 ��?1;+N'r' �ir� 4� P�'4 -{ �'�� .' N' r yS'.x.u�°�,�„yr�?`�l..t �'�,ti K.l�``� '� 1r+c'�,i' td t��„,, i I.�,. .a.�• 1� ^� � 'r _.,'��`- - �t'r .ra��R'!4 ; ' `�� v ..:. . . -a K �r..�.�y �,�.:��t ..! y' -'t.r- '�"4 :� k<��l'i�r r4. Na1�1n, Orono,City Cl�rk � ' ' -� {�� .� �O�rot�ry. �� _ _ '' � �� d � � �s♦ .�T�� i; < < r � ' � `r t ��iCithi,t�t�.,��9'1itZ' a � r � < ��, I �+, � �"� .. i ;i i y� a 1� i J > �,s � 1' }�� r . ��.� F 1�� Y� �,. 3. ��N�•y.�i+�-~ j�'�d��"-j� �t�'�`��-� ' +"��v.�.r....' _ "`��,�-� �_ � + ,au� '`r+e�.�,�- f��}. �� kter��,: ��,..��. , . � , . � ,�: :.�,.�, y,�,`�'.� � .2�,,: � . . � �` ', f n�ripa�.ts.' Mlen�iots 55402 . �� , ' �'"� �`-�''�i ��:, , ;.; .� { � .. � 536�� ;. � a�.��:�.;�;: � ' • '�N��t�r of Grttti tite of OccvP�ncy � �tT1es�M�nke.�'3 Lyt'1� ;; , ��'�..-;�.�,,�E�: � �: Re. -: ;� Avenue. Niyziti. MN SS391; OJ1H Dock�t No. CITY-a7-012-6C� '; _, :�'��r< a'�'�" ��` '.� ;�� - p � �. � Z-21G1-i222-3. '� ; �� ,� '�� :t. � � o: . - ��.. ;;,�T . �aG�'�'t '�"`:: D�at Mis. Blatz: . : >�`"'�`�»�:.� .. . ,.- ',..,. :y`. R .;;• t�_. . Enclosed and served upon you by m�il, pl�ase find the findinqs+of ('itt.. - f� . Conctu:�ons and a�ca�nene�t�on of tne Administrstivt Law Judqf 1n th�c'Q=in �� , w � �� ,,�.k abovt-entltled �tter. 1 �►tso �nclose the oftit�il r�corQ. and I � Q �- . �. �,. � > µ � ,. � ��., our t11• 1n Lhis �tter. � �- � � - Yours very truly � . z ' � � �{ , BRUCE D. GMPBELL ! • �`�'�� Adm1M str�tive Lsr Jud9� : _� � • Ttlepho�t: 612�341-�602 OOC:1r ' Enclosvr�s • 4t: �atAteen 81�tz • ' , CAarlef MenkR • - � ` . � ,. . � . 1 • s � ' . . s • • _ � AN EOUAL OPPORTUNITY EMPLOYER � . { ' , . � � '.�ws , ' . . . ' ' _. . ,.- -,.�... .f__ � �.� �: _.. - _ . ... .. . . ., , , ,.. . .... . . . ,.. ... . ,. i 4 r { . � f� "'i< ` .§ .-9� 'l�•�z ''�'a :`Y. 4i�;�4� P . , . :..L LR '. Sy� �•.i`y.�y'� lM�:�� .... � �� ' ��z �{ ��t� . ., w.:l° .�.�.<R.� s�.._..:....�r},m.'..c..a.r..w.+!1�yi �lui +M� . • ». n '36 s' 2 .�' �v.�'� - . . r. � .� .� � "�1��6T-012�i1r,.�.��,�' ��w:� fr��.-,_ • 2-��_t�2Z 3 ,:z"r ,� ' .,§^�";;� ' `f��. ...''�� r..��.� �y�ep ' '� y�r� „is^ n.as �. ` a � �'' , �TATE Of MINMES4TA '• : .� '' �� + Y ��; ; 2 � „ -. . .. `�.y7ir � .y w,"" ��tg�. r � . , .; . pFFICE OF AOMINISTRA:7VE NEARINGS : ;y. t� '_`,' •_ ; . ��,.,�, ��9i.. ,� . .�� .. �� ,'i . . 7 �ie,��V�'��a� . Z-�s F� THE �Tr �� ,+ ,r;�' � �` � � .�� ; � '• �` � ',e��+�-� . ,i ��y-�s� i. - . . . � � �� j� � � .1 � -` '�¢+:� � -J r.'y3 �° �'Ib . � . . .. � - ,� . ' r , k�+fR�F",1F 'Y-`�+Y' �"y {�/'�� 7 •: In tM Matt�r of tA� , ' ::� � r" -'�.`w ��^�'�3Rs� =; Grtftfratr ot fkcup��ay . �,� y� � ND F=�A �: t��-. , �" a:o�f Chartas H�nke, 3536� �yr1S . .��, :,�„�; ° .-'- "�;, �► < �;��.� �, � ` '� Y e ih ats °Mw 55391 . . . .t �` �� . ,. �,A �MI • �S w �. � ` �" �� t�+�,i,, �v, �{�� x 1 � ..} �t ��:ro �y��r��, TM� �.�yS� a4 � y/�. f��i`k .'l.� J� .��=.'.c'R' .A..._-�9 �r 2' :"��'��• ��..w�X ' 'M p ��H E `M•1 »+ t! �''..��Y � ' { �! i .. �i� ��'J I { d �• =�� ' Tht �baw�ntitled m�tter c�a� on for�Marinq br.for't 8ruc��0:'�unpbe11', p'�� ' ►. ;� ��' � ��` `�Adei1nfstrtt�Jrt 1.a�e Judqe fran the� Mtnntsota Oftice of-AdmiMstrativt•N��r1�qs�, ,..� .�� ;�ctfnQ'�s"'IM�trfinq;�OPf1ur torth• t1ty;:of Oroeo.��ln� klnn�apoll.s. Mlinr'�sota�o� ;°��F -�� S,��r � ,�, �'�``�` "�Janutry 30.'t987. pursuant to a Not1a and Ord�r tor �i�arinq dattd � a c�,� .��,��a . ,� , .;�,��".: Dttember 31. t986. • 4 � t � � *�i � r Y c: i,� ti^�tr v,o � . . . �.! _.. . �� ,.�1 �,k 5*�k��+��q��+ �"" S � �, ' Appearintes: Kathleen A. Bl�tz. Attorn�y' at LiM. 4344 i0S�Center�. - 'T i��tF`�� 'z ,. M1rtneipo11s: M1nnesota 55402. appeared on Dthilf of the C1ty of Orond tC1ty or �;,'� � �.) , '�: C o m p i a t n an t); and Charles H�nke. 3536 L y rit Avenut. Ntyz�t�.:.Mitintsot� SS391 ,�� r, tMr. Henkt�. appeared on h1s o�m bM�if M1t'tout t0unse l. " � =`. �' r,:*� i. � - � . Th� r�cord herein tiosed an february 20. 1487. stter rr.c�ipt by the� `� . �;° � i.:: Adminlstrativ� la++ Judge ot tha finil post-h�iring brtef. � , . •., i '{'4` , n .,,. . . , FoTlowing the lssuante of t�is Report. :he matt�r will br�tonsidered by' =� ��, the Orono Ctty Countll wAich has the ultima:e ,uthorlty to it�ept. oodifr. or `�� '�- � �x: r�ject any of the Findings or Concluslons. as +rtll is to make tht•tlnai � ;. - declslon reqarding the Certlfltate of Ottupancy 1ssu�d to Char�es Henke for , � �: ,4 : � tr � th� property at 3536 lyrtc Avenue. N�yz�ti. Mtnnesota 55391. � , � ;. � �` � Personr deslrtnq •� f11e exteptlons to thts Report must do so witMn ten , ;`_ :��, ��n�, days of the date of thls Report. Etcept�ons s�ould be spetiflt a�d aiust pt ' `�- serv�d or the opposlnq party and flted with t�e C1ty Clerk of the Ctty of � �;.:��::; . Orono. Her ,iddress 1s: Dorothy Ha111n. Ctty Clerk. 1335 South 8rawn Rad. �' t ��` Orono. Mtnnesota 55323. Persons des�rinq to appear Detore the City Countll tn �: tonnectlon M1th tM s matter should. also. tontact the City Clerk of the C1ty '" } �:, �', of Orono to datermine the meeting at which the City Countll will con�tder thts '.;ti#� Yy Report. � � � The provislons of the Minnesota Administrative Procedures Act�relatlnq to � � �, � �ontested cases. Minn. Stat. §§ 14.5� — 14.69 f1986). do not apply,to t�1is ; ; , proceeding. . . ' . � ;" , . . �'��`� " STATEMENT OF ISSUES • • ' ; �, �. �, ' The issues to be determined in this pr�ceedinq are rrhether the Conditional . �•. ,,, Certiticate ot Occupancy issued to Chartes Henke for the property'located a� ( 3536 Lyr1c Avenue. Nayzata. Mtnnesota 55391 ts votd for fallure to lnstall `�'*��Y ,. �. foottnqs and a foundatton and repair tne raof, a�d. 1f so. w1ether the � ' butldln9 aiust be vacated. , . . ;. �,�. ,:.;; • • ; i . E. . • �- # _ •� • •:.: � �_� - � � . -w �K ,,� �k��k`"'„��+R°""�`t�c'i'�' +s.� ,n'�,s::°i~�4,R�w� +,�,a .,� ta �-� ,,�r �� .: d1 _i'�.;�.�.� �°. � . ��'�'-�+�v.�..�.,,..N.�w .,...;7dt�N . r��,,c� ��s� .�rti'_ �, - � � dr 4�e°"''�' . � � :� Y p ,��ye �'.` �:a'� 5.. eif•�� ^:v„� .Y��' �_r��1`�;3r. � i�`�wr2�.��s�_._�____.,� �� 4�ry'^,,°a _ ;�.�.,�; ' . � �„t �� - ' ', . . . .� * ;�' . ' , a.-�! t;.. : ; ' • �sed npc� tht �vldenc• p*es�nte0 at th� Aearinq. �rtd on a11 tht tit�s.� , � , i r�cords and pra�tdt�qs hereln. tAe Htaring Offtur aiak�s tbe tolto+►1nq: .: i;s��'� • . ,,� 1 f�NO2NG5_ ._ ' . TM �� ,. .. ... . - ' '' L 1�,� � 1. Tht C�ty of Orono ts a �aunitlpal corporatlon orq�Ms��under the 1a� , � � �'. Of tA� Stit! O� M1H11lfOti. It hss. by ordinantt. adopt�Q th��tM1t� dtlttd1nq- `$ ,� > ' � i ,�' , �:�}�"��=" �:. �; � 1977 Orono MuniNptl Cod�..s�t: 2.01. # .�,. : ;� .�. ' Code ss o� • �r� � ,_ . � .,o � �1 a Y � t:SO�ot.;tllot pt10t !0 tht fptrle0`�Of 193Z.�'l11t� _J� u l�1f 9f'Op�Tty� ��' . AI:X . ��..�. •Q.•f. �y�.�-�`totst�d''`a��#53�'L,�rrtt.Xv�nut.�N�ytats: MitKasot��dl+�d�i�r ll�t':s3ruetuh ��N1 ' '�Upo�t��+rfrtnq;tA�`b+�dy� bady reaatned ior a period 6f t1� 1n th:!'OutTdln¢.� . �,n� �� . "� � -. tro� tA� struttuc�. potite affitltls 0�c�e tone�rn�d�rlth tiM dlltpidstlda1 t��Jr��,�y � ia ,yn. ::� . o�dt oa-of ttH=bulldtng 9enersTl�r..'ind;lts;tntlrtor'�in�pattltulsr ': C�ty,i�;V$�+�� ;. E�r: _ �Tht�ottce reauest�d:th�t�:,th�'rP*eP�*ty b�'`Posted'�ar�a h�aTth ��nd �� t . " .=slt�ty°hazttd. Th� bu�t d 1 nq'Mas p i u�d on t 1 i st tor°ul tt ayt� tohd�natton. �.:- �',�� Anr tutur• occupanty o'f tAt�strutturt Moutd rtqvire a t�ct1llcttt af'oeenpr�ne�►.�.3� . ' " „ ._.'. L. .,. r 1 A rllt'a��{��'�'• :�� Nenk� was setkinq � ion-cos� strvclur� 1e�tM�`�.�;{£a-� j'- 3. In May of 1982. Mr. wMie �� tonstructed a n!w d+nillnq. H� 1Avtstlqat�d �; ;��f .: , metro u�a to acuPY f .-� a;� '�. alstressed prop�rtits in and around tht 7win C1ty trta. TI+� p*oP�rt�► at :�` � �.�,� �i • 3536 lyrit Avenw 1n Orono tua� to his ittent1on. - , �.��u.:.y '. .: .: .... K � 1 . . .. Ityy� . ' 4. Prior to slqnin9 a purchas• t9retaKnt. Mr. Mtnk� M1sAed to d�tetaiin� � �,, � i� �; tAe tost ot improvinq the structur� so is to �tton te�iry acuOz��Y• � tV� '�' • May 10. 1982. Mr. Nenke m�t r1tA the C1:y 8utid1n9 Inspector. Mr• TAawf" ;, � � Jacobs. and tnqutr�d �bout 1mprovements to th� property n�ctsstry for . _,:, �; , , occupancy. N� totd Mr. Jacobs th�t h� +rished to tivt in t�+e existleq �:� �, structur• temporarlly vh11t he bu11! a neM residence on th� lot. Mr. Henk� 1s •: �}�. � a construttion worker xho xorks in virlous parts of the Cou�try. : .�: ��t . � f Jicobs lnspected tht property. H� :ups�quently ' ''`�" � 5. On May 11. 1982. Mr. . provided Mr. Nenke rlth a 11st of lmprovements required tor atupanty ot tht n�� ,��, strutture. Nenke Ex. A. TAe NoH te of Inspettion does not state tAat �ny f,p.r,, ; repalr work or �lteratlon to the foundatlon and footinqs hrouid be repu�red tor ��".�" - ' .ir';, � �ccup�ncy. Nenke Ex. A. It does state thit rerootln� vould pe req�tred. :,�.;,,. �� a� 6. At the tlme of the lnspectlon by Mr. Jaco�s. t�e fouadatton of the ,��;: house was vislble. .�.``�*�� 7. On or about May 11. 1982. Mr. Nenke entered lnto a purthase s9reen�ent ,�� for the sub�ect property. Henke Ex. B. On June 4. 1982. he recelved a ,;;, building p�rmlt fT�► the C1ty of Orono. signed by Mr. Jteob;. for the r- improvements requlred by Mr. Jatobs on May 11. 1982• Renke Ex. C. �� ' 8. On July 21. 1982. Mr. Henke rntered fnto a second purchase agreement • '�:`� tor tAe properri�e of�theuproperty was approximatelyeS13t000'ed Miy 11. 1982. . TAe purchase p c P ,. 9. Sometlme after Mr. Henke entered lnto the second purchast aqreement ,.`� en Ju1y 21. 1982 and sanetime prior to the issuance of the temparary ;�t� Certiticate of Occupancy on February 23. 1983. Mr. Jacobs 1nspected the .._�,+, sub�ect property. Nr. Nenke to1d Mr. Jscobs that he no lon9er 1ntended to :;:..; octupy the structure tea�po�arlly and rould make tt h1s D��ent resldentt. -2- � -. .�. . . : :, .__.- . ..._ . : .. �. - . - . - . . . . . . ,.� ,-, . _ . . .. . .:.. . .. . : ,. : , . ,.._. . , . . . . ' , ..�zy.� �d i . ;.. ��'- � `� ' . �� s.. ._.-. . � . .. - � . •_ �� '•' '� . sr . . .� a>�f��._G_�(Af .y idf� =iaY p ��l':. � yi.L f a:!-%na.4 � : t,w,p- .y: ,... ..y........a«w nr�. � ��9�Y+b�/D'`...' .....�1� . . ,.:... _ . . . . . . ... '��J,h'�� `j� �' .iN � w ,�. �d �Aat. 1n �ddltion to th��r�nova..ans nq�f� ��Mw ��x -�:� � ��} ;s ��. , Nr. JttObs rts0�d ;:: � >.�. ;�. : 1982h Mr..Menk� woutd � nqulnd to lnstall tootleqs�amf c:toundat4aR ._�A1ch��"�,�`�� :.:, ..:�' �p��y��q vlth tNt rtqvlre�nts of tAt Minnesota.Unlfo*+�°suftdlnq Codt. - . :�' hss b�en ad�t�d py r�t�r�nce in tAe C1ty of Ora+o•' U8C S4 =��a);:-290Ttb�. ��, . � - � ,� f��. ' 10. On ftpntary 23. 1483. � ttapor�ry Certlttc�t� ot OccuPanty ws, itswd <<-� '' , pr. M�nk�. ' Henk� Ex. G. ?he tempo*i�Y �rtif1cate o* �cu0anty required � �� tv ��' � - �` th� instaltation of toot1nqs and a toundttion for ths struttur�."in attordsnc� �,?�ti, with tht Uni�ora� 8uildlnq Cod�. to bs toa�let�d by Ju1y 31. t983, tnd a• � • --� ' y e.. r�rooflnq 0f tAt struttur�e. �1soHlnktctl9ned�th��thenqors�C�rtltitttf�{i�ted .- � � by Jufy =1. 19d3. �it�qh � A1s only alteroative to t1qn1nq ' ��; • . y ..��, s r :- OCCuO�nty �qtt�lnq to �ke nh��i t e��preatttls.`Mh�re h�,�tat�lAee•11v1��.A ' r�'§'. ' �b = thr docu�nt wouid have b�e. . . ,.� . ; : , . :.� . :, . . ; � ; :; 9 c Av�nue vas� 1 M ti at 1 y bui 1 t�about�1935 aed�� ,� 2,,:: ` �� -:s ::it. ;;TM�structure at 3536 lyr l�tabit bulldtn9 t�.��-�- 4 ��etttlt�ty,�'standinqwpr4Cr<la.:th� adoPtlon,of any aPA �;,�. z �t�f��t��o�f"��Minnesota�`�,,s,�: '��.E:�:lNnke�Ex. ,�. �.�� br t�t Ct t�► �"�'� �' �r •_�..� � . .. � . ., . . :; �r , , �!,-:�� , � _'� ' `�F �'-z�,� � �. �r �. � y rt tor ;thE:;l�se tonsistt of stick�d Ce�tn! btoeks plac�d �t ,,��,-� �: 2�U! �f POa.: �� 1 -; .FC1ty°��Ex. 5. '�Tb� blotks hivt no ''�'�.��., � tfM� tt=�ot��h�"structur�:� C1ty Ex="4. TM� - � '" n,� � ;,}.;�-•.aiorta or�oth�r tixative as�nor r'q�ckstt�et�er.usupportBn9�tAe4struttur�. � ��'��;; • ��' �� weight or th• house D*esses the D � biaks. tA�y '� � �� The c�ment blocks currentty used are not th• or1q1�1a1 suppor - , have been replaced perlodicitly as needed. t;;`�,,� , �. 13. There 1s ne evldence tn the ��nerastnoa rtQulr�d�by th� Unitar� "� structure extend doMn lnto th� frost _.,,,.�. ; 8u11d1n9 Code. • ra hs :�owlnq tht condltlon of th� �� 14. Stnct tAe date ot the photo9 0 �" support tor the house. September 21. 1984� ti� �=��t fequired tousupport the `.� � �.�;,�; portion of the strutture has been ren+oved'nt of leve�a9t when btocks v�r� structure but vas �ppar�ntly ustd �s t po M^:TT requlred to b� replaced. . � 15. The terrain upon rhich the blocks rest is unf1M s��o. :^^��ltlnq of •�,� � ��.. ' ioos• euth sub�ect to •roslon and a�ov�a�ent ftan c1ln�tie co{etltsolel b�tr �,}2� Ex. 4; C1ty Ex. 5. No otner structut• 1n t�e area is suPPo y y .,�� unnartared. statked blotks restln9 on uninipr�ved qround• ,Y;�4� �6, TAe lmprovements made to the interlor ot the Aoust havt plte�d �n ,v� sddltlonal load �n t�e support struttu�e. . . " r. Henke ob�ected to maklnq the repzirs requlrtd 1n � 17. In July of 1963. N � ,..;:� the conditlonal Certlfinaas nor requlred bydthefUnlform Buiid��9lCod�r S ;'A foot1nqs or a foundat10 ,r,�t • 18. On Juiy 19. 1983. City ottltlals. intludin4 the Buiidln9 Inspettor. ,�,�� ,� � , � met �•ith Mr. Henke at h1s property and d1stussed with htm the use ot a Mood : � toundatton and alternafiive.pler footings. �Mr. Henke refused to use any of tht i less costly atter�at1ves su99ested by Mr. �acobs. 1g. On an unspeclfl�rd.dat! 1n 1983. after the July 19. 1983 a�etln9. M�• : ;;w.A NenkQ vas cltedffhisatallureatovcanpiY xlth the temporarysCertlflctteyoff ;'`�=�,�� Orono Decause o . _3_ - •t . . ,,.. , ... :......�. , _. . . :. .,. •� :„ _, . __ .• ��_:'. ..j.:.- -. ,� r --u._ s.rf.x,ey .�: .� �'':..� f� .i�-'' :,� � _.,,,,.�.,,r`�'iz; +`,r*�'-'�,�,� � +. �'-•' . ..e.. ., . .� ...__ ._ _.._ . . . � - . ,.�,,,, r ;r,: r..: �y�.�,�` .t ... .�. � � � � , � - � ,...: a ar . :�' ��.i _� t � •:,. . ... . . . L , . . � ..�': �'j • . ... . '�. . "#•' . � n�e c�ty :�es.a�•�t�y aea�+eo�.a tn• c�r�.�na� c„ar� sna �ar.:�°�'� -'� � a,�'��'�� . Mae��e ac�0it� tor co�ptetton of tf� toottn9s an0 tamdatlon. .- . �.._ ,� ti: ;,� �.�z , .; . r �� . ` - - Z0. In Ottob�r of 1954. Mr. NeMct appesttd before tht Ctty Countll and � ,.S , :r;;5r : ' �� expUtntd Ms opposltton to lnsta111nq the reQntred footln9s and towb�tibn. „ >., ,, � -M� asstft�d•thst slnc• tAe structurs Mas ttandln9 at tN� tt�e af�tht�tf'f�tttr►t- -� � d�t• of t�t Unttorm 8u11d1n� Codt •nd the zoninq ordtnintt of tAt Ctt�r of"�� ;. - ,;s��{ ,y p i r o n o. 1 t w a s t pre-txistin9. non-tontorslnq struttuc�. exe�pt fro� tht `�r�� r'`: � _ �Y� � tootln9 and to�tn0atlar requtre�ents tontsln�d 1n tAe Code. �� ,� : ,�,,,, , ` _"� . 21.• 8y Notite of Countll Actlon d�ted Ottoper 19. 1984; the City1Councll,w; . Y . _�_,sopro�r�d an estension of the C�rtifiute of.OccuP�nty unt11 July 23. 9 . �,�" ` : ��w."., �� '=tondltlontd on Mr. Mtnke'insta111nq tf+�:n�w;roof and �pP*o�red foottn�"aed ° �,,,. " r= toued�tlon Tor the strutture. 'C1ty Ex. 8. Mr.'Menkr�adhere0 to hts•ort9insl �.;� kj. -. `� ' posltlon that the C1ty could not requlre M� to inst�ll tAR footin9i, and ; ��':s� .�.:. , . ��` . . f��f . ' '--tovnditton requ1r�d by the Un1fora� Buitdln� Code. Me did not tamply'�rfth,tht �,�� =�' '�Nottct of Countil Attlon. - � _-=� _. .- �,;;;: � ,� � 22. 6y lett�r dated February 19. 1985, tAe C1ty 1lttotney for th� CSty of ��-��;,� }� � Orono lntorn�ed Mr. H�nke that the City•d1d not accept M s position that�tA� ;;�.��'� tootin9s and toundition could noL be required of a pre—�xlstinq slruttur�. N�;�::_- ti� ,,}�}�t.tc Mas also lnfora�ed that tailur� to campty wfth the Countll's actlon py July �1,��,� , 1985. Mou1d result 1n a nu111fiatton of the#eaporary Certlftatt ot � •.-�:�w�;. Ottupancy. requirinq Mr. He�kt to vatatt tht pre�ists. City Ex. 9. Mt. Nenk! �,�� persisted 1n h1s refusal to install the footlnqs and fou�dation. ,'�, �..� _.�� 23. On Mirch 20. 1986. the C1ty fil�d : crialnal action 1n Kennepin . _�_,`:,�� County Munictpal Court aqalnst Mr. Henke for the asserted vtotatlons of the Orono Ctty Ordtnances and th� Unlform 8uild1n9 Code. C1ty Ez. 7. Th�r� is no � '';'`�� , • evidenc� tn the record of the turrent status•ot that criminal proceedlnq. =�� _;$s . _ _ ; 24. By l�tter dated September 10. 1986. the Bulldinq Inspector informed � , Mr. Nenk� that hts perslstent refusai to install the tootinqs and foundition , r'quired Dy the Uniform Bu11d1n9 Code rrovid result 1n the Ctty revokinq his _ .� Certit1cate ot Occupancy. requlring h1m to vacat• the premises. In additlon. ' th� City stated 1t Mouid lnittate a hazardous building actton under Minnesoti Statutes § 463.16 t1986). C1ty Ex. 10. Mr. Henke ras qlven unt11 Septeniber 30. 1986 to request a hearin9 on the revocatton of h1s tondttlonal Certlflcate of Occupancy. City Ex. 10. 25. By letter dsted September 30. 1986. Mr. He�ke requested t hearinq on the revocatlon of h1s condttlonal Certlficate of Occupa�cy. C1ty Ex..11. 26. The current structural support tor the buildlnq. tonslstinq of unnbrtared. stscked contrete blocks resting on unflntshed soit. cr�ates a hszardous co�dltion. The structure might s11de because of lncreased lnterlor ' welgAt or a shlftlnq and eroslon of the untreated so11 frpn water runotf or . other tondttlons. Photographs of the structure show that tAt blotks are . already deviatt�n9erorus nottonlyhtovMrtiNenke�but alsoytoxpersonstylncludinqThe tond1t1on is d g thlldren. vho m19ht be on the property and posstb1e subseQvent orners of tAe property. 27. There is ^oe�isddaneeroushtorhuman ltfe oretreatestac onditlon�f the roof on tAe structu 9 � adverse to publlc health or safety. Ctty Ex. 10. . . _4_ ' ' ` � ; : ,._ . ., .�,._. - ., n.: _ , � _ .. ., , ,:, ,. ,,... .. ,. S ��" ,�.,y�� r. ti:: ".:\:. .-.'.... ._. /v� .: _.;r' � � � " . . . ._ �� _y S. . � � . . . ` •7-�V. Y T !. SJrf�R. ��q��er .�N� • . - .�... . _ . ' . ,� M 1 - .r '� �` F t h f� • . . � .. .S . ,y_.. O � ��'�..� x �2 •.,. �. , . 28. TM C1ty �r•requlr� a Grtiflat�'c.`�O�cupancy �s a,�{�nreqtrlstt!`to; . . .�. �,{�; ; • ottu0�lnq a resldenttal struclure. U8C � 3071'a3: llinntsota_Ruilt - �r `�: �`' , ` x_ � art 1�05.1000 t19e5). - . . :,� "` '"` -° ' f . . ' . � '"3�`��r��, +�- '' �r dased on tRe lor��olnq ► �9s c` F� •t. t�e NeaNnq Offit�r ylcts tht � ,{r. = t011a+tn�: � �, , . >. ��.�;�� ` ° ��. � _ _ ..4 � . . ' yK�w .�#' '��. CQNCLUSIOlIS '' -�.$ �,`"` �`� ., . . � . . � i .. . `�� rvlS�"l�.� � 1. TM Orono City Counc' 1 and tAe Nearin9 Offlcer-'h�vt sub�eet �ttt�t � " 2 ��=' -�urlsOtctton Mr�tn. �-a �� ' _ , . "' ,s. .' ,,..,...-` � , ..� 4 }� Z. Charles Nenke raelved tia�ely and proptr,��notic��'of"lh�st �rocl+�dinqs.�'� , �a��,�V� � � '` " Th* Ct ty his ca�p 11 e0 wt th al l :nbstantt w and pra�dural ` s ' ,�� ,�' ' � ��r �"� reautrements of statute. rvle and du� protlst and�"tbt��nntilr3-ls prop�rlr �:� �',�'`�' � "'a t � ; . *' blfort tA� Hear1nq Officer. " � r ' ' _` �' �` "ti .r..: .' t . � ... Y ,�,� , ��.�� "�`4.�"� Th� Ct ty must estibll sh by a preponderante of the+�videnc� tA�t Mlr. �f R�� . � �.��`�`' �� Ntek• has kno�+inqly ta11ed to comply rith � cond1tt� of otcup�ncy that tt ��'�"x� � tould itg�ll� 1a�post. _ �'�'�`� �yy, � � �� ,. r ��, }. . _ . � '. ff7��+ '3:. � 1. :�� ' S. Mr. Henke 1s not tstoQped fran issertlnq tAe tnvalldity of th� , �4�� ?.� t �'�s� �* occuptncy requirements imposed by the City w�n thouqh �� st�n�d th� t�mpo��ry ., ��_, �•:; Certtflcate ot Occupancy. ' , � �°� .L. y ;y�a� , � . . � '�n 4�;rJy r �. � 6. Th� Ctty is not estopped Dy th� conduct of Mr. Juobs from rtqutrin� ` r��y the abite�aent of s praperty condltlon dan9erous to publlc w�lftr� ind sa��ty. ,, z ;� ��-, .� Y . . �n'�I:, Y 7. The turrent system of �upport for the strutture. as dtstrlb�d 1n 3.7� Finding 12. results in a tonditlon wM th 1s dan9�rous to hunu�n lif�. te �.� F1nd1n9 26. u ra. , N� ' . . � � 8. TAe provtsion 1n the Uniform Buildinq Code exemptinQ pre-existln9 :;�� x non-tonforminq structures tran tanpllance wlth tht Cod� dols not apply to a �T - pre-exlstinq structur• co�talM nq a condition dan9erous to Aum�n ltfe. UBC ;�� § 104�C) �1982). .;�;� �.N� 9. As a consequence of Conclusions S-9. suora, the City h�s •stabllshed �fi~ ` by � �reponderancr of th� evtdente that Mr. Henke hss knowt�nqly fatled to � tomply wlth the footings and foundatton repulrement of h�t temporary . � Certlficate of Occupancy. a rondttton tt could 1e9ally t�pos�. � � 10. The C1ly Aas not establtshed by a preponderance of the evldence tAat °`-� ;he current status of the roof on the :trutture treates a r.ondltlon adverse to =��''�`' th• publie health or safety. ' ' • • • . - . . it. Mr. Henke �nay not tonttnue to occupy the strutture in the absente of ' a valid Certlficate of Occupancy. See Ftnding 28. su ra. , 12. Any F4nding of Fact more properly termed a Concluslon; or any Contlusion more properly termed a Flndinq of Fatt ts hereby !xpressly adopted as such. • ' . -5- . '• � ,,,; ,. . . � i ,r,�..W.s 1�:<.:,�t -. � � ' . ,,(� .: ..: �,,..`�r.,yw i�? -�.".r.t�. j`"' sr�� :�w ; � }. , ..; r �P�� , ,n _ . .. . ' . .... '1��?h ''�<}�+.�"�� 3.. -. . .ai's;- J .ax...�'i.�--::.rr._.... . .. � r= ,T',`R w,� 'fY� 'xar� . � i♦ . . � .. � • ' ) .2�. � � 3`. .. a.� �`�' -,'h S ._� : 4h�V t �' �� . ' � . . -eas�d, nOo� 'tA� tor�qolaq Concivalons. !h� M�arinq:OK1t�r �rfus� th� �'m r � .� . �lt �- L :a r � -r w ��? =�'�,,. f011aa1l1�: • -; , , :::., .� ,;., ,r. ._ ".,�;_. �� _ RECOMMENOJ1tI0N .._ ,. ' �=° v�� ..�� - - � ' .,, ,.. ,-..; -� - �,y,�r : .�. .. � � ._: 4_.., . . �., 'f - �� . -i�.t +�e�'; � '. .. ��,� � ', �� 4.. �. t! �� tht nc�r tion ot tA� Nearin� Offit�r to the.City of Orono`tMt ,�� . `'� " �_`�*��t`d�tlirt th� c�+ditiontl Ctrtittttt� of Ottupancy lssved to`�C��r1ts Nenice �.;�-_ ,votd��and�t�oulrr tM ��c�tlon ot the structur� unless. vithie tMf�ty l30)� �� ;fro� tM datt of tt= Orde�. Mlr. N�nk� s�cures tA• spprovat�of tA� Quitdln , dr�- Ortltltl tor � sy=t� of suppart tor th* structuce rrhtch ca�pltts witA �� • : -:` Chaot�r 2! of tb� UMtorai Qut ldin9 Codt �n0 toaipletes tAe inst�il�ttat o! ,tMt . l`-` _ � Chi ., � . Th� s�Istla� of .. �, �.�� _� -ty=ttr+ritMn nin�ty �90) d�ys of th� date of 1ts Ord�r. r, - '° � ' support tor tM stt�cturt r�qvlred py tA� Bu11d1nq Off1t1a1>sAodldFb� t�+t�- � ,, �; : '�:� z " . t�ast co:tty •tt�rnativ� whtcl+ Is consistent witti:tH�'vatw of tt+� _lttsecture��, '_ �`,''; �� : and th� t�qvlr�n ts o f'�p t�r 2 9 o f t M U M f o r w Q u i t d t h 9 C o d t.f �� 'a. �� - _� � � 'u,- � ' „� �`,�. �„��,,, ;f''��' ;1� .e� ,.,-, „� .� y, ,�' . .iC w r. � a\ �. .+i ' � t�O":A��1�?��"��{�0�::� �„��7;.��?�`��.��3�.. I��=3 &� '^ �, `s . .. 4.'.A�L-�y._: . . :'A -.... . Yn:'� . �t,� ...- xz �- . ..- -- � -� ;YJ' � . � � � � ��` . .:�. t . �: � . � ��i%:" �;� .,, . � : a �� , _- �t �'`�� s �_�.{ �;: ��C ��r{�,`w� 'r� . �('�� s�;,,P,� �'� "°�. '-�. '�"� �,r . . � � • . `UCG • W'�P �LL . � � � �"�1►� ,r�� '�� - . - . � AdmiMstrttive law Judqe �� -.y._..�«1' . �� ' - � ' �•^,t9 . . . . . .. , . y:y� �. . � - - - ' ' � � .'ih:j� NOT C :�=�� a��:;:�� : It 1� respettfully requested tAat th� Ctty Council provld� the HeaNnq °'"-� Of�flter wlth a copy of tts declsion Aereln. � Report�d: Tip� recorded. � .= � ' MEMORANDUM Tht City seeks to requtre Mr. Henke to vacate tht strutture tt 3536 Lyric , Avtnut for in ass�rted vlolatlon of the temporiry Certtficate of Occupancy. :: issu�d on feD�uar 23. 1983. T�at certlfltate required tAe �nstallatlo� of � �� tootlnqs and a toundatlon 1n actordance wlth Chapter 29 of the Uniforni ;;; Bu11d1nq Cod• and repslr of the roof. Mr. Henkt d1d s19n the temportry y� C�rtlticat• of Occupancy. �greeln4 to mak� the modlflcatlons to the structure. ee Flndinq 10. su ra. Mr. Nenke. hoMever. asserts tAat t„Mr. �`� requlren�nts are invalld and�a9reement was obtal�ed under duress. �:� Henke also reltes on t++o separate grounds tor refusing to install tAe requlrtd � : r; footinqs and foundatlon: the status af the structure as a pre-eztstinq. non-conformtnq structur�; and estoppel aqalnst t�e Ctty. ; . It tannot be seriously contended that Mr. Henke volu�tarlly agreed to , lnstail the rtpulslte footinqs and foundatlon so as to prohiblt h1m fran now contesting that requlre�nent. A part;► is not estopped lo.attatk an actlon or transattion of t munitipallty when tAat party was entltled to the beneflts , receivtd as a matter of rtght and regardiess of the actlon or transactton in questton. 0'Hara v. C1tv of South Fort Mltchell . 290 S.W.2d 455 (Ky. 1956). �� Gult C & S Fr Co. v. Flhtte. 281 S.N.2d 441 (Tex. C1v. App. 1955). If the C1ty cou d not ega y reQul�e Mr. Henke to conform to the footings and toundatlon requtrement of CAapter 29 of the Unitorm Bullding Codt. he xas -6- � . � �. . . . __. . . -.. .. . , .. .. � ,.. . :. - ,.. ,. ..: . .. ... . _.. .� � . :,. . .. , . _:{> . . •,• . -, a 'iv"''+�tas�t,e'" -mg.�r'K �}`' . "T--'+.,^,',• • ��EV°k a f� \a�'a�y'S�r `�� i � a3;: -' -�'3+ R�+ . �Y'Fw.r' � ' R . � � . . . S • � 1...�.T w� �+�AA`�Td '�`T' .._.� �. t� _ �^' . �� :. ' �.�.�1 y .� h i:a _. '� o. � -a U � `�. -. �'. ..<!. ' ' . _..... . �. :.: , .- . v, �. • a "��ntttl�d to tM C�t.i*1cat� o�f Ot�uo�ncy r�eeiwd a.�li��t'tt�r o�:riqAt.�°'TI�,� ' �;�. .�.:.; , L- .: = C1t�t couid not t�apos• vnauthoMted ta+dttlon� o� tMt'.�OttuPa��y:� ��M :� . � ��' �"� 'L �::::act�pt�nt� o� ��tatlon of tA� prMls�s. � NQt�:is thtrt�`any�;tt�nt�af:�;, ��;. V' ��-r '::'dttti�tntal retta�� on tM pa�t of th� Ctty +1+Avch vould.�Y�`iAr�w2►��b�`x,� � � r� �`�- '�• �1 Ci tr of_Kt:rnt�t '.r1st.lo sn estopPet aqalnst Mr. Menk�. j �n�e s no ;lstopRtd ira� > �� '��. 47a. 263 M.ft.2d t6�. 86a (197s). N�nct.�lr.�� :��:-'- tA�ilenqimt the rlqht of t�e CSty to r�qulr� tht 1nst�il�tlOn`'of tonfor�lnq ��'� ,,,.; atta+ tt th� subj�ct proP�rt�►. � x' � �`; � ,��y _ foottnqs and tour+0 �.3 ,� ►rinttna h. v. StMni�ae. 18 N1s.2d �25. 11�"N.N.2 • aa , + ��-�:> _: �� • ' :^.e- . :, w�k , t ;:: . ... . . � v.`F Z �-�;. ` TtrrpuqAout h1 s dt811 n9s ri th th� C1 t�►. Mlr• IMnR� has a::�rt�d�tM! th� : . �stntcturt 1t a p��-�xistlnq. non-contoninq structur� to whltA�tM �Orov1:10ns� `4. �° . of th� Unifor�r Butidtnq t;ode. adopt�d by refe*encr 1n Oro�o:�;hav��no f-`! �„l,�+�r��; ip0liution. It ts cl�ir thtt th* structur� 1h qu�stlon v�s bu11t b� or ,�� ff�ctiv� dst� of tht Orono ordintnct adoptlnq t� M�k�rltl�t�oe-flctl0e� ��R :�� ,..� ,�.��„�,1• t�ct.. prto� to the focawtitton of ;th� Cod�. . �� . ��n 3 ; �-f :.,104tb) of tht Code whfitA��st�tes'tMtT�rt-�itterat1on or°rtAs�r�'to a strutturt :. ,, �; t �y bt �ad� without requirin9 th� sxlsti�q bulldinq to toaRty vlth tA� Cadt a� ^ '' -'� lonq ts ths addltlonal itttratlon or r�paly does tonforn� to_th� Cod�. �� ' ° ''k°� ��. S�ctton'�104tc) .of tA�;:Code, ho+rever.,�provldes: � �� ,, > ' M.✓i. .. .. { .'Z:. ` .• t � �� ♦ Bu11d1nqs_ in extstence at'tht time of the �doptlon of this � :, �� t�� - � �ode may have their extstln9 use or otcupinty tontl�ued. if . ,: � . � such use or occupancy was lepal it the t1�e of tAe adoptlon Code rovl0ed sucA continued use is not dangerous `� . _� , ; of thls , P to ltft. ' - ' s i <a� i Henca. Mhile an existinq bulldinq need not a��onstructlon�,9ht up to �- , � ; �11 of the stsndards ot the Unlform Butldlnq Code � alteratlon or r�pair takes piice. no conditlon may Oe perp�tvat�d which 1s S "dangerous to 11fe". even 1f th� structure was in �xlstente it the time of the . �Ooptlon of th� Cod�. ' The AdmiM strative larr Judqe ne�d not detlde xhelAer the unnartared blotk � support structur� tor +he house ws appropN ite rhen th� structur� wis butlt `_A Sn 1935: he need only decidt rhether the existing conditio� tonstit!+tes a , dang�r to human 11fe. TAe Adminlstr,ttv Lav Judqe dots eote. however. that rto other structure in the uea has a s1m11ar metho� of support. � F The Building Offlciat testlfled that the unsccured suppor! system d1d � treate a tondltlon dangerous to human life. The photo9raphs of the support sysLem tor the structure. Ctty Exhibits 4 and 5. shov t�at the blocks are • turrently d��vtattn9 from a stralght horizontal 11ne and that the ground on whtt� the support rests 1s sloping, unflnlshed and sub�ett to erosion from water r�notf a�d other tltmactic condltions. if the house left the Dlocks serious i�jury or death could housetandTchildrentMno mi9ht play�under t�ey Mr. . Henke but any occupant of t�e structure. � � Mr. Henke offered'no testlmony to contest the expert opi�lon ot tAe Bullding Off+cial. except to state that the structure Aas stood since 1935. • The photoqrapAs. however� show that the blotks are not oriqlnal. It is entirely posslbie that the house has come off the support biocks 1n the past. Mr. Jatobs Aa� requested that em•01d"�otpereate a dange ous condltlonTu�Mrrs1 enqineer tAat the suppoTt syst . • :�_ � ; ,:. . . ,. , , ,_... .. .. ..,- :; :._ .. .,. :, , . , ,;; �. , : . , .�,. r • " _ . . r e;,a'i' Y, i ,.� .p,�..,. . . . . N.� .... ' '..'.. ��' � ...� . . �}'� .. . . e . - 'w',_ � 'r+�r .. ih��r;: .. . . � t� .�. � ��'r'. a�Mt'Rj�i ��j. .A'y �. ... . ... ,...... . . �, .. _. . rf • � �� . . . ,�. . _ .. . . .,,- . �'4 � YF ��: ' � . ..', �' tib��r 6�jI. • .� fntttl�d to th� Cer.ttltat• of Ottupancy rectived �. a mitter of N9At. The '� : .�� ; � , citx ca,�a „ot ��o:� �ns�cnor�Zed co�a�t�o�: o� that occup�ncy and r�avin ,;_ � �j;� � � ��': atceptantt or r�cation of the pren�ises. Nqr fs tAere any elen�ent of . �,�.: .�F � detria�ental relt�nc• on t�+e part of the Ctty +fi1cA wouid. tn any rty. �tvt �. � �-: _= r1s�.to •n estopp�t �qa4nst Mr. Menke. ��11 v,�ty at Kearner, 200 tke. �� ;� :� �`= 475. ZE3 N.M.td 867. 866 (19�8). Hente. Kr. NenTe�s not tstopp�d troai t,,;„_� i'�": challtngin9 tne riqAt ot tAe City to requir� tAe lnstaltation ot tonforalhg � �� toot�nqs ari� foundation a! tAe sub�ect property. S�e ta e x r 1, e rt ' � �'' �rintinv Co._ v. Scl�n+��oe. 18 Nts.2d 325. 118 N.M.2d 84 . 8 ( 963). . 3 �;` '� . , i,, � ` -.�. ,; /'hrouqhotit M s d�allnqs rith t�e City. Mr. Henke hii tsstrted t�at the ��i�, t; .i ` strvcture !s a pr�—existSnq. non-contorminq structure to rhlch tA� provlsions -T� � �, -� of th� Unttorrn Bulldtnq Code. idopt�d Dy reterenct 1n Orono. hav� no ` ,. ,� _ � appltcatton. It ts ttear �hat the strutture 1n questlon wts Ouilt betore th� �,a�: , �� f ��..:�.., kfftctivt dat� of tAe Orono ordinance idoptin� the Unifora� BuildThq Codt and. �, ,; ��w;� '�� 1n t�ct, prtor to the formulatton of the Codt. Mr. Henke'relles on fettfon � ' .,104lb) of the Code whtch states th�t an atteratlon or repalr to a strutture ° �� >°, �t��.r , + � ,, a�ay be �nade without rtquirinq tht ezistinq buildSnq to con�ly with the Code ts , �'' ' ��'�� - .�� :. lonq �s .thr 'additio�al al2eratlort or repaly does conform to the Code. : �`�`� � ��-'='� Sectton 10�(c) of the Code, hoMever. provldes: � � -.,� �,� ' 1Q y - Buildinqs in exlstence at the tlme of the adopt'an ef this `�',� Code may have their extst1n9 use or octupancy tontinued. 1f � ,�;,� such use or occupancy was leqal at tht tia� of the adoption ;-; R,, � ot this Code. provlde0 :uch contlnued use 1s not dangerous � �.' � � to life. :�'�'� Hence. while an exlsttng bullding need not automatically be brouqht up to ��' '� a11 ot the standards of the Unlform Buildi�q Code when construction� ;,�� alteratlon or repalr takes place� no condltlon may De perpetuated vM ch is ��< ' "dangerous to lite". even it !he :tructure was 1n �xistence at the time of the ;.� ' adoptton of the Code. ��' g _ ;:;;,�' � The AdmiM strativr Law Judge need not decide whether the unmortared block �Y` ' support structure tor the �ouse was ��propriate when the structure xas butlt .;� '�: 1n 1935; he need only decide whether the exSstinq tondltton tenctit!+tes n :• �. dan9�r to human 11fe. The Adm1M strative Law Judge does note. Aowever� that ��,r � no other structure in the area has a timllar methe� of support. `-�"� �"` �� ;,' =�� The Buildlnq Offl ctal testlfled that the unsecured support system did ;�. create a condition dangerous to human ltfe. The photo9raphs of the support ��'" sy;tem for the struct�re. Ctty Ezhibits 4 and 5. show that the biocks are '�,` • currentty deviating from a stralght horizontal 11ne and that the qround on � : ,� whlch the support rests 1s slopin9. unfintshed and sub�ect to eroslon from �� ,; wate* runoff and other titmattlt tondltlons. If the house left the Dlotks -� ,S seN ous tn�ury or death could result. The condltlon couid affect not only Mr. �.: . Henkt but any octupant of the house and chlldren who might piay under the � structure. � , � Mr. Henke offere0'no testlmony to tontest the expert optnion of the � Bu1ldSnq Official � except to state that the structure has stood slnce 1935. �q The photographs. however� show that the blocks are not orlqinal. It ts entlrely posstble that ths house has comr off the support blocks 1n the past. ; Mr. Jacobs had requested t�at Mr. Nenke provide a statement fran a structural �g enqlneer t�at the support system dtd not create a dangerous condltton. Mr. . _'_ ;; k w:. ,�r.� t '-tr �"� J, ,j�,. ,s`� ��,G �� .-; r�•-"'-_ � .,j ��. �7 �:� tk'�� - Y+ .�� +r,��'�^s N r�A �,t.r y��';. .. Y ... .�::... . .. . ... : ,. . . _ .. :3'P,. � F� l. .� i� ``..:x�i rk�ri.r1*, ..�,. s..!:M1+:r+ .c-'^:.3i•.. .s,#' +:k�yW`C�'h�R N`N t 4�' -� �� *, ..,. . - . . { �� 'r''', s�'+i'`.-a . .'Y,,.'�d`*y+,4•��,�� w , +. � i j . ,. ';.' . � , � � , ? � .: :> � yu �W+� t IMnkt Oi0 not do so. ass�rt�dly Q�csuse o! cost'�a+sld�ratlons. �Gtv�n.tht y `:��;��" • ' status of tAe �ecord. th� Ad�iMstratl�� Law Jud9� tan o�ty conttud� tMt. th� � ��i , curr�nt sup0� systN tor tAe structure does treatt a condtt�on dan9�rous�-to �-��`� i ' hu�an� llt�. Under snth clrcuostanc�s. sectioe 104tc� of th* Un1to� Butldln� �' }��. �. Coee idthorizts tAt City to requlrt tht �battrnt ot tA� daeq��ous tond1t10n.- �� a • ; F1ei11y� Mtr. H�nko clalms an estopp�1 i9ainst th� C1ty. N� asserts tAat ; ,�-�� j t�r, ��ob: vss asked to provid� a 11st of 1�rov�a�nts n�cessiry ind tMt Ae ' �� f r�ll�d on that list 1n dec1d1nq to purthu• tM property. Slnc• th: list d1d �� a not tnciude tootinqs and a foundatlon and he purcAis�d tM property subseautnt = �,�:. � -to t�ulvinq tM 11st. i�r. Nenk� uqu�s that tAt C1tp 1s no�+ :stopped lros . -: �.�' 3. fia�pos1n4 �ddttionil *�qutr��ents. , �:�� , ' ��'_� � in v Mtnn� a artmen f P 11 ltar . 368 k.N.Yd 906. 910 � _ ,. , _ . , Sy.b* .: ! �Mlnn. . t • nnesoli uprea� . rt su�rrz� ' law of. 9ov�t�nwnt ,.�_w .� _ . .,., . ' ��toP0�1 as toltovs: • . ' ,. ;,-.� ' � ,:To �stabllsh a clai� ot estopp�t. plaintltt must pro�►� tMt' ^�- � � M � w A'Y^1 � .. ` �, ��`� ' . ... . �:'-�k �. „�� defend�nt a�de r�pr�sentations or tnducements. upon -� � � `` °��plalntiff reasonabty relled. and tA�t plaintiff v111 be ' '`� j�� :'� , . hsrmed if the ctatm of estoppel is not �lto++ed. r A rn : � �, � ..P r Aemt 1 v. nited t�tes F1r nsurtn e .,. 2 7 ,� � ,�;` � .. � .N.2d-40 .�: 0 �M nn. 9 9).� he 9overnment �ty b� ' � x � .��. - � . ,��- estopped 1t �ustic� requires. but thls tourt has said 1t � does not "envis�on that estoppei will be treety applled . r�. .s9ainst th• qovernment." To estop a 9overnment eqency, ;_� �. spn� �lement of fault or xron9ful tondutt must Dt shorm. A ' plalntitf seeking to estop a gowrnment aqency Aas a heavy �=� �. ' burden of proof. When detldlnq whethrr estopDtl w111 be - j�� <'a� applied aqainst the government. the court witl Me1qh the �. pubitc lnter�st fr�strated by the eatoppet a9ainst the {�; equlttes of the case. � �`Y ,.,.:� IM t1atly. to establlsh estoppel. Mr. Henka must ShoM an lndutement to an : -;� . actlon based on sane etement of fault or wronqfu1 conduct Dy tAe government. ,�,�� y Th• �d�ninistrative Law Judqe does not flnd t�at tfie action of the Buildlnq __:. ; Oftlttal 1n not 1Mt1a11y requirinq :�nformin9 footin9s•and a•foundatlon �>�=-t� � tonstltutes such wronqful tonduct. +�r. �enke had told Mr. Jatobs that he only <x•; Y wlshed to remain in th• property for a short pe�iod of ttnK wM le a nev -�:':>, dwe111n9 was bei�g constructed. Under such clrcumatances. the Butldln9 ':'�i Ofticial did not requlre the additlonal tootings and foundation. Nhen 1t ;;�� became apparent that Mr. Henke intended to reside 1n the structure permanently _�=, • and. perhaps. at some later date. transfer the property to other persons; the Buildtng Offl N il reQutred stM tt canpllante rith the Unlform Bu11A1nq Code. It vas the rtpresentatton of Mr. Henke and not any vron9ful conducl by the 8uildinq Oftltiil whlth actounts for the•intttai inspection:report excluding Lmproved tootlnqs and a foundatton. , Under suth tirtumstantes. no estoppel ;, 11�s. ArmDrewster v. Sta�ton-P11 er Oraina e DistN ct. 169 Neb. 594. 100 ,� � N.N.2d 81. 92-793 (1960): Jensen v. Umaha Pub ic Power Distrltt. 159 Neb. ,� � 277. 66 N.N.20 591. 598'�11958). . '.. . . . `_:�. Even assuming. ho�+ever� that the Bullding Officlal negl•lgently tndute� '��; detrimentil reilance by Mr. Henke. the batanctnq of harm test prevleusly , s:attd prscludes estoppel. in determtntnq w�ether tonduct on the part of a ;� muntclpal offl c1a1 creates an estoppel. it 1s necessary to balance tht �;: � -8- _�� j. _ �:� , w � �Y k _�• i ; �: N'l,rl` ��} " s � a v.,."�'ti..`a .. 'S' . • � :f 7�t.�..y� a..*s`�r 1��v �'�•1,SY�P" �� . "'�4., r,`� it�„ p . h c+�.�.�� s �� .�. r w,r'+�i�s`p 4.� " . .. . Y�l'.; t ./s �+L! ,,. 9• t �. . �� y,.+ �n.,t �wrs X° � •ia_ . y��'"f + •��` ��.` ��ti � � � � �� `a*M„''�.t. �y„ '� « � ` - �_ t�.( .. �:.� ; a'a. s � jc�,�`'`h 9t"y� "`k �,! �� . . • `' . '' , ,.., . . ...t �..�, .. �cXi, y ' ' •�` ass�rt�d 1+tr� to tt+t p�rson ass�ttln9 tM �stopp�l a4atnst tM:.pdbllr fet�*ts rx ..� . .rrv:tr.tee tt •:toppet t: rouna. Ne:�e� A��t�on �. co�tY-af`naTra,,�tst�"?�` ' . 1977) N�n.�+t —pu c:: n •r�:t� rvttr�tea.��tht��, ,�' � :� � � �r K ia e�. eso cM��n. . � •�' '�rot�etlon o� tM�ouettc-4af�ty. Th�:Ad�tntttratl��ir�1u -4bt��dit�nM u �� " 'tiWt�tM .�xt�tlMO:eondttlo�•-1t.0anqerous:.to�-hwitfr.11fe.,,i;�Tha �dad�°,`a ,•,.��;.Klnk�,"s�y.�r oeeapant:��ar t�e�or�.�s�:�t�elwlin�=,:uec�s�o* � tt ` � iit�� N! �At t0�ti t�Qi�l1�" '� t�,,� �and tb110r�� eho,�J►;�ot�y �dl� tA� hous�. � �9'�: . ,o, �.� �� R�10it�11t�q'�-�0ltsblt.tootlnqs aad.i foendslton:a ttqs�!tAr�d�n�et�, 1_. 11t�.-: � _ � t t-1 nt�nf t':�. ��_ �. ,: � � .�,�4� :;�; '� p�tinc�.,ls strti�k 1e t�wfr•af-t1� .pne� .--1 8S . � ,�..�,�� ef�fublle 1ttt��t; `�6a M.M.td�906. 912 913�`�M1nn��- 9 ;,��„� �� ,,��.; _ _ _ � y:�a. '�•.r`�` `. x... � : • +7�1; s,�.t ..�R i .��., ..,.; �� ; . . . . ,. ..., �Y� � �:',y'" -�;; � � �,�:::: .>tht tMpor�ry C�rti tt cstr ot OctuPsM r`at�o�t�qn�r�d Mr'. �.�t�t�pr�rl, �� :�th�:roo� on-tM sttuttun.. .TAt_only-,av1�::1+ir�'p�Mz�hl�d.�at:thr;Mi�'!�{.y,. '". •: ��rtq�rdlA¢ tht=cttrrtnt condi tton of ttN r0o�f`'�ns tt�t�1 t;t�d��'1�r� n��:. roo�tin� �trrlal .tA�n rr�s a11b�Q�by tAt�Codt+�, Ctt,��Eyc: 10� �TlNr�'t ' •j�F . �:. . �� . �tdrnt�.ls�,�tA� ncord'as -!o:MMtA�r,,tMt:�ta�d . on�prlOat� tlf�!! =datt"�o�'��t�Odr�'�v TAtrt�sts�,na•tirld�At�li�th��'��d� � _,�� co�Q'tti�xr"iof`.tAr��oot�pos�s � d�n9er�to�°huaart ht�lt� '�=`��M�.� . tlri!`M��r�'�lptt�� .:�Y`r�;tircu�:�nt�ls.�„thf Ctty A�s-'noti borne its�burdiM ot"�proo�f` �t . •b��nqntr�Q:to��ttfr the�tondllfoA'af th�;�ror�f�p��l �to��tni� ;��'�- ;�',t �`, eir't!-[x�t�.�"oCtuPtntJ►'�'Aitl�ttqlr3tM?Cil��!a�s��rt�fib tt�dri��;tb�t��M� �roof�.;t�akt��itdty.�slnce�:�tAat':`st�tem�rnt�-'rss;no� o�de�at^�tht h�ai�tnq:�,ttTi3 , � - to�ld�r�dNby t��Ad�tnlstr�tly�=laws�udqe. '�'�ry� ` ', :`;`��}�� ,��, , ' ,�.� � `'_. . ,_ . , . ,- . :' . :., _. ; . .�s�� .�,-t ��t �� Althotiqh the 1�.:�lnistra:tv� l�w�Judqe has .fot:nd;that�Mt:�N�nk'� ay�b� �-,�.�. � r�qvir�d to tnst�ll footlnqs and c trund�tiar-tn aceord�nc�`.Wth`�Ch�ptit'29" ths Unitorai�Bu:tdinq Cod�, tt 1s suQqested th�t th� Bulidinq�Ofli�i�t�snd Nr:��k 4Y ;,, ' Ntnk� i�rt� �rt the ttut coslty mtthod of tompll�nte. In formuTitinq��tA� �;.�,�.��_ - le�st cosfity metAod of complltnce, the Bu11d1n9 0�f1t1�1 thouid'to�sid�r thr:�-��,��; ;; a�e tnd valu� of the structur�. ,: u `~`,'�� .��r �w � . . �':;� 4'��S � � B.D.C. ��, �.: � -,�r�, � ,�a, �Y 1 � t y+� • . fF� , - _ e��j,�. � . . .. ~�:i-�:ii:T .� x� h ,j �� . :.��,�' - :,,.'k � _ :a � _:':. i • �:.i i e • ' . � . ' . -9- - : : .: . - ••,.. , - _ . ; . �. ,�.. , ... ..,- _ . . . . ., .o-r:.-.. . . ..',::.. i,-..�.'...' ..._._,.. "��.{.: Y.,. :a .� � .'.. . . �. � . � • -�r � •.��y�:��i!'r'T�= �'3t�.- .M-�.� �r�r .�. .. _ . � . \ .. . � 1i'f .�IL ' �1'Wf 3\� Z� . . . . ' ��/ -lf( '.:��'�WfR�'�� •� . '�� ' . . . � . ! 'Yi�'1 � .� 7 �y ,�} ,R',[_ •� � yf R^ �}:�1�. y �. /} � -��t kl`f,�.� s4y' �tit'.��r� y � ��/�I� � �'�-i.�\r > '��'�i/�'7+as`�`� � , " .- 'r . , r .: ,.� " ='S �.t + �. i •�� ;� . k r �i,.�t�e.�y,«. :�'-a , •. t. _ �� ' li }� A i��'�)�. - � �D • /��(��/1) � Z { _ �Z�,�. .. �. �� I�� '�' . ,�� a? r 4 ��l�>s� ' M .» i,,�rD 0��^'K/' ��'j'L«.Ci �''`t•� � -*'�� ' y •_; �t}�6 , � • ' • T 7 _. . . ....,. . , �� y syf� �� .�� ,�-� �. ; � i. _ . = ,�} �� i `:'.�`. .,� ,`� �.'��. � .h . . ,; u = .,,� . ..� . _ ` . . . / . . -,.' _ '`:f'i"'''��. �',L ' f A //// .. . . �/ !J -� 1� �"� y '+��/`uS��A �. • , f� - I � I� V • — �� ' /�S��4�� ` � � .. ��I�� ! '� F .,, t r j . / .{� •�.•��4 ♦ � �C� L�+��I�a%��f�y,`.y''- °��'�� . .RT t '... ..itM �� '', '.�• )�I.SP d n) . V , I . � � . . . +�� !�S i �nyw,�lj� �.�k' ��"9l •�M� 'p'��l^�� .w—� . . ;...M' ► � ,.r,,'�Y..�k- .;�i , _.... ._ ,,. _ �, �.��,�'l�r 71L�`� ��9/��:.4 ; . ,��.�, .., . , �: - -��:�. � . . . .. • � , ^.� . rr �� '�. �± �� • . . � � � . . '`'` �.. _ � � .. • � . . . . i �: �.�. S ,.. � � . .. . � � � , .. . �.�,` � S �,�� ff - .. . „ _ ��"Y�Y � �I'v'� _V r�'��Ij� � r�°F.... . ;.� ��' � ��.��.r �3d, �� t , �.'• Aw y_' �. . ' �� .. :. L'�/( �'ZJK�/! /u77+p ' / � #�� r �,/� ^ ��'T^��'V /L�i-" t+�`�+�'§ . �� „� +r'� � ��`A�x K�_�, �, ��j�lE� �0��l� ��Z/�i" � �,..�� >�� !�'�; �"G':^...,r►�-a- �..��.-�► �v �k� . i . , + ;�,,.; � .• •��I��rf/• ��V��. _ -� �zn .�7` 3 3`3� ,k,uo, ,� 4 ;, ' ,� `2 °, � r�•�2.�°�'� .,��"� ' -�. _ . ��a ....'��iCZ'i`-�-C2 :�C!'�sK�t ••� , G1.6¢!.�► , _ .. ..� �'`y�'�� -�'�� -- '-u�'-� �� ..�a��-v .a� -� ��p ::;�: � . ..�'�.`�O' � G��► %�'C�`' �' r� ..6./'� ;:E' .�`�?4�-t� '• � � �� w .. .. , �� r � -. . ��r .. . :�-c�'f��i1..� ��o .y�`i�},o�t` -� � .. •`�'/!'',��/ ��` ��f�f.t -► �•�I .�i� i�.(!� �„ ,Q ' � � _ � ':,� � /?"-t ��4 , ��ZjQvL� t � :.� � � i '_,� • . �� .c .�� i�-tL� ..�Ca�.e� �%�, JQ'37� =:."._.. � ��:� . ��v� .�- ��li�s' -��`!t .-�,�t` �t�•t'4, ..�� / _;� _ � , �+ �- ��"/--� _:�, 'GZ'�!C ,�!�'�C'/�/��Cl� /,�� .�;•7L��'�(2L�C� /�i'��C�O/j�vnxy� i. � - � 's- � Y. , , , , .. ... , :.,--.: -_;. c - - �� , �` r�.�. Q..�5� °i qt't-t L2�yi�,'u� !�.��+,j�.ya �7� 4.p�.��iL t^cs. ,��Fi�((�r '° � � . 'j�. r�t ,�k.��.�r, 3.r ,�. � �� ` ?� f iici �tl�x"dl �ir ,. +� � .«.r+«►.��►�L�� -' , 4, � a:swa�d:�.63..1 �r� .. _ �..w��t1' ��,' i �.2�a, r 1� '+.' ,��s_..��' 'n�.$t fFy-F"�i y��, 'f-`t'.. � 2 q'�.- 4r t f' �� { . N a .`. -!�_. 'na ,+ }� * ._ La�. , .ys � )� v!� � f.:. y� ii,. h � .� .. b � >y .-��N • � t.+ "a� + ,T.',� r .. . ' . � . .. s ��r .,,, �� . u X � ,», �;" � *, �� i-'r •�,�� "�'�� ; ` ��' , -. . x y;, ��i�'tP�t� i�'�` '.�l�jC�'��.��+�rSW''�:.; - y� _ p. . .{�'� i- �i� � ... . .. .� ' . . ... ,q .eiNf !.t y�j . �y� Y�'aM� tr,� ,,, .<'' • `.��j='��cs�fl� 9k". :i r ,� .... �v°'t„ • "�... r.�~ r �` ' � T .,a y'r j- , _,G r...:'. . . . . ..., I r +i; � wt� �'C A .. � r� .! / A ' `{��+V /y/� r fi:�}�U.�r � .. . . ':"f �t '.�f- � ��.��{1��1 ,✓��f/�il�y� Ni•r��•s.`Za�+y� . ,Z'._ ' �Y / �y � � �� :� { . . • � ' � a �,��•��`� -r M � �� ! • � �� ( �I ' �L. � C � . Yl� H`. ,�.t ��. -'` � ,�� '"y�'�tM�..'�" � �i X"'S,k•.�.. . �.� � �'. �.r ��, �' ' �{ �2 �.- J��"'�S 4� . �%�Nrr -} i � - ' { ' l ,g,� �ys.4 . � � ../�� /� ft-< .:.� , . . � ��i� �`��,+t': �� , :+.d+-s � ,�. • . ,�M • . , //'��'�� . �,y ''I�OW�1�'''��`t4 ln��. �t .. v `�. :�`�s' ,.:�� :..��'� �` �` �y,�. � .� '.�,.,�'�e�'��.��"�' %��/,y �°' - - � `` ��`0�•.r '�`-. ��++„*tc: �.,. � `�.:. h �� n ,//�✓ /� �f`�i�� •.`"� ;j� ♦ ,� � , 7��r��___' .� �`� '^ �4r. �i _ �..a e -r� '�s.��l. . '� �'�i�� ,�� x � ;a,� `3, �,�; �',a .. . .3' .p ' ..•tt, •.y,, �. .+p�n;>:. 4� ��,�'ti'� .y`� B ��,�:�'.'3. '� ��' ��'�}-.y,�. �/�� r ��/}`� '� ,�fi',p,, � i;t � V"V _�'i—{/ ��'_I�� _ � .� . f',x �. . ��. - .. . �/ ��. � 4� � ^r � " � . . '. . . � . .,%��.—I � �vW � . . -.c?'i. ` � :.,•i,f i �(a°w�1`r+�.�..,� �'. � .. • _ . r ., L 1•'�Y�� `�_ .� � . .. . �1l'-'� ��r�-�':,a�r.�- ;-3 �3d ,. ;:�=�� .� _ :;�4? -�� P.�.I�d':Q� ':��'�%t,�i,��k��:� � ^ �- .,��.�� // �/ F � � ' , . . . Ap�1�♦ �-�AA�I i�V �( II•�'h/t�I'T�� '� �^'�= MA:� . 4 � • • _�J" . -'R.G.+3�Y4 -tt` � 1 * � ��%ar��V�,,` +�'� (/ /��.�V� /(v � � ` � 4�� '. , < ^ , • .7.'I� !I:�CA`�'i�` . ' � 3� .{': ��t��.. � T� �,/�/�^/� ' �„, ✓ ��TI�'�✓' M.� s .� -r i� !� ,��.{ ///� � � -� y�ra��. y IK' 'JJ� I 3. '% Y a r .. r. . •��I�'��0�� 4��,�K /V f ��C//��• • . . ♦ . '�t`'..yy. D �� i i.: ��t . , .. �r� ��/I�� ,!f�✓�0 ��. . ;,� _ ..��!►-cc�� >''y� .��c�•'� �ir�� -d��T "�r, ' ._ :.Z%� �D�.e�-, �c�, ��.c'.�. � . ,�.:� � �. .. �I'',� -'� ��`'�� . . � -� �` -�i�:�. . . ..:� ... :.c�a-� ,alf%� ti��n �r�a.�iv�.� �' : � .. .'�:��-� _. . .s� �.�*¢.�'�l 2lz�. ,�'�t��z ,��.,�� .:� �. . �. � �: ;� ��C �li��' �V�i/%`�V1 I r � ' � ,�x� A '' /IC�;� `� �.. . .. .//.�11 W�� ./!r1Y//�� ./'Il��I�� . . ��r • cv,�� /� .,��! /��'Lj��l`��,.�7LQ,(/ju%c�/�'!: �4`� .. � r��n � � .�.�• �:� r�(� �'` �!,�,�'I � `�T i / '� • � .- � _� • .. .._ .. . /� %��'� �Lh�t�`.G�''`�� ,`-. .' -�� . :.�-��v�.G '�r � �'n � �e��.�i?` : �u�l`�- c-n- � �� .,,.. . :.,... .t. . _. ,. .� • _.. ... � . - y:- . . . . . ,. = �.� � ..+�,�� _�;;,� � i7+4 .�'k )��R��ii-cw�'�sl�� b r �� stiy A . � �i+" . i:. 1_�� '1t, y„�': y-il.r�_ . ,gS� �,: aF' � /y� � _ •. �� 'j� �s�. '^ � �r�. ��' r r�//p��.�� idl-�iM��`�'%�i It•. . - �rai �� ' „� �i LFt ��+ q -' ... ,�, � .;wi ''►• 1/"_ � * ♦ �/��D /�/� � ��,,�� } � ��-�,�� dq�If/�r( . . � �r � �s"�,j:�' "s"�'�" '�a� .v , 'S i '�`�" � .i:. + s ... " . � /�/"(�� .. �,�L •.+. : � �. .:,; �' ' ��/`Zr✓ •'�iC.�t /�'.�. ._ '+!„•rs! •:;� � � .��:t 'iM•'. h' .yy�,a..,.- ,.,,. �, �i � ►f ..,x"�! � ; �� _ .at� �.��,�� « .�.�;� A . . .. .� . 1 , „ *j•1N --� _"•'� . �-\ � /�qi/ ��(�.�{p��/ f $,� f1y` f ',�t ,.� ��,��'��/IA Y/ ��` *�_�� .#�� .. � � � ,/ ,,� ��• ��'�� _�� 'x�.`'�'+�'�" •f,/V(-�� /!�'4- /�h.� (�` �2iwnL''��','.`�``"' � �' ;�� i '� '� �t:_w A�, '�'�� ,� v` � �',�'�'.�l�l't�Q/�� . • ��''G('� � �.+'l�; .��. .� � � � .�,r�c�� ''��• ;; s„�`s`�' ` � ' .:. � 1 ,�M , r ��w.y:� .� � . ��?�*,��e"s'}�,4`�� 1��rs/�rY �/f/( �_�/r� ��4��d"V�+ -� ,i+t'�7�} 'k +,�� `�'�` y . ;�r ,, �. . .. . . �• •' �- ��,��cyy,�d�f_, .9": i ;�a�- Y al. 1. Q�' - .�� -.�� > • y.y��(.��'1�+'�—'_ •c..: 1 ` �. `i'.�� kM� } �`� ��/ R •��,�,��^ ' :! �t.v+.. ` � ' y��C,.� ��:.. .y,.�. - �JF` ' a'f7�i1Lf' ��'w^! ��f"SNFA`S^,�..�� '1.�. �-�•r � � `.� aj�ii t� �'��/��'V�! �A��y��7r��(/�• � ii��.�r�f�"/,�`�� r .+` �w ; �d .:K � ' ,,I r/ ':�' �/ �,,f �� . ' . " ei � �' * R . .�/'��fiLG�6�.i'��%�� ;'i7�%`Lf'��•'�u''Q/j�•�-�'' . . ��; f . ''` ..p,M.+. .. ` �' d.� . �. _. c. . , � .z .�. f.9.: RT�r .�r4�,t ;�.• � *��?'� l.:a '.. y . �.�' � . ,.i � Fl �. i.al��4 . . . �•�'%�Y • ,��'rlF�1/�►i' MV_ '�1 N. _��, •+��7.µ4� � � , `. ` .. . � f .. l J • . i��'�./�� t� �'�'� �_ � . ��f�. .� rcr . �� n'LL �y`(/��'C' __ ` .��`��r+C+"`�e,' ._ �� ,� . iic �. �, �, � � ' � � �, ��,' .u� � � " k�„� , �. �` � `! . � • � /� ' _ . _ _ .�� 'SR ., �� ,f IVw� � � IG /I � 4� //� __/• / . . ., Y��1M.y�� _ �;.��f�I'�J//�"', �/ '��1 � •/ �� '`'/( +/%l'I"_'I �/ % r . "` S� •i.,� . M J w ; ,/II� .�y ==�_t ��z �� , /��.,� �r��.�'�� .�'- ,yh�� w� ► .;� �rn.tt �r• ��' .�r�*��f' ' _ . . :�.:_,....,..` :, �1 � ��'� �� .� � , 1 �'�'�.~ .�?.L��(/�� G�/`C I• F ,��'4 �4 ; /LL��i�l'Vr /��4cZPc"�� rs �C.CL�G` �.I�/�( ' �� , • � � � �,�, �rL"-t�rc I' �f'� �-P�� .�''� � t:��,�,'� � .��e� "'"'� -+�9��' / //n /� � :;� � � ' �� 7 � �/(J ��Z` -� �'G G �� I �f/✓��. .. �f{;„� 'i��I!`e"�`C /l��/`7%CK�'J'1 ��C/(1� /�r.•E//�t%`r''uv ��'�I�'i�!1JWfiV {� ti? _ 1��' ? � n .��GZ� �s�p� '�ati � . � , ;. .r'�CL �2.Gir.'1'� ��.•t� .t�.r". rt . . , �; �� +`�Z•''�.r`` -C '`'�'' ..'C4��!%�/ . . !�'�%!!�%��C i'C/L�� •?�L�,'L!' /4° Z�� '�� s ' ��j� ...��t'l��i i� �.,t� s ; �'�2/". _� '�'� . :�� J2��r�.�«�' <<� .�2�� `.�O .. _�`�f .. _ � , . .. k. �( /� I � � �%'�'��"L ��, �� ^" `� r��l�� . ' '�.+: � D � �" i . .. , .,�:�s' •.� 's7;$��`��}.��'��.�'�'�lEa�"'�T'�'}'''.��. �~��'.�r . ��,y',�r� * `^ � +d � 3 i� �4 „ �' ,, .�`` ; RY 1 'ra,t�y't �j �,j�� + i .r...i:.w''z...+.a..-�a..+ Y+Jp�.n."�r... ti�..-:�..�...�.-. r .-.!t� .'��i�� /�n�. I a �• t.:. ;Y, :: '4'�- -� � � . • ti;.T 4�'�i s �l«-�.� � t�dC. , �- , �� . .� r r 6. � y,., F Y ll. w'k t .� .�. ��{'�%�•�� irl��'"r -,-�f/ �� .. . i - � � ... ,r'N''" yStF?'*yu .��. �� . � , .�. � . . � r �v- � 3 .�t-4k . ''.�r"��y' .. . �� __ ?�" �y ,� .e , ',� v t�_� /'''..�1��A��v, f a�" ��; �,;�.� ,- i ; T - ,� i �. � . � * , . . �� :��.c.r�'� ..n.��-�.��=: y} .� Aa ., o[ . .. � .' '.]� �^.I;," . r a.R'� �` #`et w 'r: 4� �.s�. V�� -�i y.�.• �a 4 S �. _L �+y,� . n�.'�a`,g`+� F�', •'r` �� r�l��i�'L/[i(.�rI .`•�.,� -r�/K( Y .� � d r �.• r w«. '�4,j �. . - l/ � ,. . � � � r� . ,��t .: ,�... . . � � ' . . . ��.. «.� � .� '�� -`� �G� .�.•�Gtr't. .a i -� �';��kJ 3►�� , �� '`�A �S+ •. . . ��/� . w. ;' `. f'�� 4p��y��'i�" � � �•�' I . . ..+4 . .Y{ 1'' `�� /� � . ' �,L�'.. �'L� � �� a� ..�%r^.(jw+}��At..: _ . 'V . _. �c:.v A�;�+,� c;�:ss„ , i. �� V . � � ; .� �� ,i,�, /� `.y .,f�j//� ��y�j4{hc�i��f� 'i ��..` ... � ��Y !i�( ��y ii� ({� �. '2.. ,� ' . E� 1 .�/ z . ,� ��,v,�� ,'+�; Q�"1� �� r��`!et"'��,� �;- d',. ' �.�=' �e _ • ,��+ « t •+ ��,: � � � � i �i }�� ,,�iJ � � �,� �Y .. � .:;:. � ��,��` �' - :;�., o �� .- � .Z � f� /��e�ywt�t� /,. �. � ..�1`�%t'�CQ,ps�~�"�� a�;�,�. . • «n.,� �c �.�r�. ,� � . �j� �� ±a w- . �.��c��/�t�' ��'�l��1 :�Ci�2:C�/ll� .,��'iJ'"�(' .��<� "�"��"�� ,� . , � , � � � �tv-��v`f � 71�.�r.-c�a ` : ' � , � � � ,r.�r�. �k �r. ',. i � .-�//'•; ��C`��.1� 7 ��0 �t��` � �., � � '►•'�' �� ,� �/ . � � � � A +► j,+ �' �.,.� �I w�f� �«�.�r� � � ✓� . Y. I r/ i I � � � �r- l' • ��t�'/Lh �t•'� T..�.' -� ��'YL� -/�!� '�.., r,t��,:' 1 - � '4 1� � iC� G �� L�+��.y ,. '` -r f%, �*. � - v `��" , ' _.1�%��.f�/L�[.�''L�' . _.. . � '�'.w',:, � � � � , �� .-r�� .,�. 3s3� . .. �' - , � /�:��c �1 �Lc?�r:�� .�-fZ �.� `� . , , . . ' � �� ;?`�'Rt�1t�`�G?.��c •%�Kl : . . : � • �' �..ti9�'L�`' �'`"�'4�L'�i' .sr�' its�I,Q�'��7 j o�t.G��tb'�K/� .., .'� . ��°7� ��'� �� J • . _ ti,: � ; � Q'�� .��. , , ' �D ..��t-o�.r . ..._. . . ,:r�-�� .��- �-�Z.tz�-�'�'i ?n� ' � .- :''��` � �.;'�'' '�Z"'r� � -_ .; . �:.�!�'�'� � �`.r.�� , �� '.�''� '�"��' �u'`� �i�``� _ .�/�Oz7i�F � .aZft�7f".72�s��- ��'J �Gt�e� ' � �ti?.�sl�t'''t .'�t�Z -�f'��t''�-P i'�C� U. - � ��C� �=..e'C J�4��lC�;'C'� .�� . � .. �tT'�,/�.��'f�—r 1,�+�t1��`Y'7!�tu.c' �lZ�� 'R K l � �" "' �, , , � �l�g,� r�� -�� ..... . rya. .', .:. s . .�;,.. r. � .wwt. y hy._Y�Y'rt��''t �t.'.. �,:y.V eyh�1�%`M' �.. x �, •� . � �y� � � � �. . .�.. .,,�. .... .+•"� . :. . . .- -� -- ' . . � - Gy.. .. .,. � r. .... ..�r..w+ .. -��..... ... . . `�'t� �� w�.� h h '"' „`rF: � � � . g . : �.� � �s., _ _ _. �" • . � �� P /Li�' � ��«�. . �«t t,,,.. �.: � . '• • I � .. / ' .�Z.. .4. � � ,t ��f '. � , � � • � . , : �1` �''�n .�'� �,: ' , .,l�o � �y�� - - •` ' • „�; ��cm_��f::;I� .��~_�'` �� : .s/�?�N1� _ ;�,� ,, � _ - - ,,�o ,e•rt,�• .��' �,c'-,n:��.�t'�1�0�' � . ' ' 'i /�w� is J`�C�i �! �� . _ • 'J�,�,�,.�; • - .. . . .. .��»�1�,�T/�'/•' /�� i" "�2 ' - � �� i�' -�•• �;��.�, , , ..� � , ... _ „ w . . �.. �%,i� _�. �� "�C'rili•.t� ��ftf��'.. _. ........./-:'� LO'L" � • .. � '� . • r�� z ��.Q�J�4��;�`:�C��✓/ � _ . .. . ..� �'�� - ... � �brh .��'.� .z0��'��Y�� , . y .� ' `�� f _ " r-:�?.w. ' � ' _ � i . �.�s .�.,i.. '�Z .�/��.��'�� r.r� >1�.,'.'^.s � � �'d'� :. s �x� . � . :J t �?i' �,P�' ..W �-:�. .��II'7� � � ,�, F. � �, � �� r�� . q� � /� `J ��+l�'."., �.iy'{.•• •' � �ry /� //J y t.�` /,D // .I, �!'�jj ♦'4a�('�'a �"* .�^ -V�-.: . . '�/,/i. X /�V`Y} A��^�(/ `� �� 1 i 4�^'t`'�. —i/_ d �.:. . 1� • �� ' � - � 1 ,J+� i. �. � ..�� '*��tiivt•n�' r�'�: , � - ..jZ� � .�i�-2��.C'i�t�� /1+,�` �!C� �.�� . ::�t ,y, � . . `� . . ,w�:�• . � r. � � S y r`A%�. � • + _ �'� ` '�. § � ' ' / u�I � fr��J�. �� r� �� • :�. ��j��j� �+ � y �t, .. ti' �� ti � � . � . � S ZL�/�4'�'12� .(� ..� ,: ��` � rzZC�'''t•� �_; � . . �?C� . • r,,,�:� .. , ��/:�� , � ' ��;p�L� r .. ��_� ..� I �,//`��'1�� . . � � L;M � � /�/` �t%`/C'� /�r'Lr( • .�J's`+"(�:.�y . . �f�p �ry� �.��► ��ti�✓�— . `� � �� . �{�/� �!�ZP/�'�' jl��"fe�p 4L� ; :1 �s �IE��— . `,..Y. ,�r,� �1%�� -�'�� r .� �'�� ,�,,� : �_ ; ' - � � � .,��o��yu' /h? ��i� ; . . . .:.,//�'//!� � _ ��/J�� s�� ; ' . . . . �� U`.C�/jL�' �I�� 7Ji�'. 1 �� r-aZ �.a- : . � � �'�''��"� � . � y� �tt�� , •��t•:�� v; 4 . _ :��` -� � ��`�' . ' � ' _. � J • ..� �� 1 �� '�� /��!__i� /f J�/�[A • .+� '�7�vW �fI`�% .:� � ,� �'��'� �� f�� : • � - �s�'�'�'�` �n .��o - � . �} . � � , :; - , .. . . � ' � .. , �.:.'".�_ � .,. ... . -: . �. .,... ...�i�:. •.. � . ... . . -� . � . . . . . . . . ' . . ' . ' .. � '.`� .d�_. . . ��:�'y.t, w..SY:- Y! fj�7l�irr *4,,W y�,�� F af"�v . �'"" � �. �� .t� � � ��""4.�`;'� ^^ ��j. :! !f.' .i� � y '� ij�!'f� 35,��y � '� ryxirl,} ' � ��.'��'�'-,'�� '�r�� .�'� }. ,� �L "I, t y� .•n�l it1.M4'�A'!., �i�' ` 3.. . K.,. �A. r %: �s �-a � r+* L'y ,{_ � J�.r .:. �a. .y. 5,��',�, ..F I�� a� ' W :t y.;t;�M..1�� s�y�' �]¢ �..a� ",r�' '�Y ,la �i4•t' ♦ �.rp M14�� *'c -3.�i " �e�.,: . �.1� �` ir� 4 !"Y � Ys ' '�+ti �/'�1Z. �� M. —'�_.... ��4�':_ir,��' � �.��vZ..��'i3 r�;�_:�_...a.�._��v�,:.r. �� _.e, . �r _.. -s,-. .. -- 'h .d � �... ��.� �Y�'�n`�� . - < �..�' t� .'tJf.r- �_.P.,��- '1;-`41.Y' � .rs.•. v�; ,� i+FS.�. . - .�..�+.:� s� �°"v r:". . . .. . ..._-._'- ' ... .a : y"S�.Ltl.. '� �k'� � . ._._�... _. .� ... ... . . ..... . . .. . � . . ,.x�..�!}r.+r� , �}�. ��i .`Y ' ,. , -^ � . . . - t 9-,.� �+...�� f, .. .. ' _ .., -t _..n ''.. �� .a��. ,�:.. . ��', . � ti �, ,� � _ :�,,� -� City of ORONa� - �-.�: - .�*L- : . 9 �' �'�; , .��..,:3 RESOlUT10N OFTHECITYCOUNClL C�1U�� " , � ��• ...;,.� . �., '' � �' ��`= NO. . . r ,��r; R , �.. �.�.� � �. ��. - - MAY=�6t9$7 .,,.. ,-+ �;. �F i� S • O. `'^, � ��Z� �� '`�': ` '. or ra�v�►Rz caRriric�►:s or axvr�rsc�r CITY QF ORO�10 k� a �, or s�a�xnoos Bva.oiac ar ��. `...z .,;_ �. ._ . �"�.::��. - � 3536 ti��. A�Bi� -Q�- -� _ . ,;.� ..>,�r` AS -+:� �,..�.n �i .K�� . � . .�� 41::'jI� ,�a, .' �E�B, the Cfty of orono ia a muni.cipal 'corporation orga�is�d; ' � ,� and existinq under the laMs of the State of Minnasota� and - . _ .�7 �Y �y;. ��;��;- �� lSA3, Richard Bo�+enan Gilmore, Marp Sllen Aathony a�'td ]lndty:8. "' ,,; �' Gilmore are the owners of r�cozd and Charles LeMis Reak• has an iat�r�st �a�.� , ` :�.,µ,,,,. �•-- the property Iocated at 3536 Lyric Avenne. Orono.- Mina�sota, ��,hetsin .�Y�;. ;'a'±� reterred to as� "the property", and leqally described as tolla�+rst ' z,; ; -: '� "' Lots 19 & 20, Block 4, "Navarre Eeiqhts", Hennepin Ccunty. Mina�sota�� ,� (P.I.D. 1�-117-23 43 0056)r and � - � �- ��' NeSRBAS, the City Council of the City o! Orono, havinq-duly° conai8ered the matter purauant to Minnesota S:ate Buildinq Code 1305.1000� Section 307 (a), hereby finds that the 'ah�ve described property is �� uninhabitable and contains hazarc]ous conditioi.a rrhich coasLitute a public nuiaance and Mhich makes this �roperty hazard�ua to the public health, �-: aafety and aelfare based oa the tollrn+inq findiaqa: l. Improper footinqs � concrete blocks stacked without mortar ia : � joints - improper depth. 2. Buildinq is fn a state .of deterioration and dilapidation, thus it �s is a safety and health hazard pvrsuant to Minnesota State H•�ilding Code/Uniform Buildinq Code, Section 203. 3. �rders to remove or repair the structure were issued by the Buildinq Official on September 2�. 1982, February 23, 2983, July 19, .� 1983, February 19. 1985 and September 10, 1986. These ordera have not �` been complied with. lPOM, T�tS�ORE, BS IT RBSOLVSD n s f o 11 oas: ' •� 1. That the City Council of the City of Orono, pursuant to MinaesoLa State Sui2dinq Code/Uniform B�ilding Code Sectioa 307 (f) hereby ordera the Temporary Certificate af Occupancy revoked. 2. The City Council of the City of Orono, pursuaat to the foreqoinq ' fiadiaqs and in accordance with Minnesota State Puilding Code/IIniform Buildinq Code 1305.1000 Section 307 (a) hereby orders the o�merts) o� the property to vacate the building on or before June 15. 1987. Paqe 1 of 2 � �: ,` _ �{�9 ,�. . . �.. ... . � .w•,... . . .:� .. . :.. . . .t:.Y'.�i � .... .... .. . . . . . .... . , _� ' .._.. ... , . . :�,�. • ��.�s- �, < #f,�,:�� y_ A'" : _ . , } •�4�.;'`'� '"�' �. � � U'+x�}.l1<:�.+.�' ,y�4'rw-..:.;.4�ii*�[��. � 4/ y . .. � ..' �S`",�.•ic{4 t ,��,'i�"��. • � � � ' � 1 t�,x. t r " . . -� . . . :�N.'�`' e��i','fi'4_,-"Ps f rw�,ia,,y�`�!•'" a+s�k � n:�, . � � . �tL n w yn�.$ ... . . � _r a �.� i '�`:t•s �y.le �. k'r�d �f . � ,�t..: ..1s.�, i � r }`�'t.iy,,,i� ��y�u�Y._ ��. f K k�`1 � a��.p�,r�y �� -{/��Yr': r y� , . . . .... .. . . . . �. . � � � ci � of-o�oivo �. �;}�( �: � : , � a..�t� - � i'��\ F `" Yf .�X' � � t "'f�•.. �+�..' � -. . .. . . � :' '�t V�� '�'`J" �„' � �� ptlp�, " .. . . . . . : ..�.-- � ._ _...• ♦ .::,, ^, N �'�y1�a.'� �wqA� y� d„'a�� " i*s � s�►w'� � �:� �-- �� G•i.t � �- d.,v"'f p. ��; '*�4�+ ��:;' �. +�'° AE90tUT10N OF THE CITY COUNCIL��,- �,,,� �.�,�,a `�j, . a�',� �.�; , f-. : : � �_ '{l� �LT,+;� � y,+A, � . . . � . .. � .� � �a��.r• '� •___��1: �•_/h ��N��„y,.�'�'�; Y, �y.,A,,,. x �". � � : ' . M • _ 1y y �` .� x . .. . . „ � .ir ;.�✓ p ''� r� - : �`4�np,�,, • . . ,. � , . 4..�.y �'�f- 4�'Y:�'�"�� ..� ,� 3�r-_t ��♦ e � . �.�� ..I�� x . r.• .• �� 'L - � Y p� '[�.�1 ��wl MJ�� - �� t '.�.��•` .`' �.�, * ��-. . �. .': . � 4:� � - '..1�.k �' _ �..N 1�"., y.� - . r T . � �. �?�,� -3h.�•,.�That .tb�..Citp"Co+nacil ot;!he Citp:oi�Oze��o, �n . � . � �a"%� '��titnt�'463.?.�1. ...Aere� .orders thM:a�marisl'�'�o►':�oa's� �-' ` � : �m �� k. , `'�' �� ;?bs''c.Ytg�Conin .� �;�Frtsnot+ett��ri..b�iti .t�n. 10�:dats. , � �' ��dtrli��`Qotr�ativ� action it�:tak�n Mitltin �� da�s� . ' `'*�,;;r a �o�=r�rity�ot this ord�r.: it-�Mi i i r�anit�3a�.tAt�Ctly�`��: .�. : : _ �,;`�'�.'l�t:bstil'diAq:�aad tlts`cost t.�fer�ol.N#LI�b�''"�h�q�'�g+r?�,ti � `,�,•s�tya�,it i��prv+►ieea.�;s�atat.a��8t�tta . _ ` � _•`rT�. � .. , .: . .�: �_.y �. ^r . �; �. � .' �..�. * .=E�� a r' -� �.- , .�. Ths ��ity Coancil o� th� City"'of :O�roaa•;� �. arsn�tatt�tdt�oi'ie'q� . ' � ' . �, liadi»qs°#ar�d ia : accardaace"Nith Mineisota�8tat��8tatut�```_ ` -: ,� {°�: °;463.IS to�'��63.Z61 't►il l�com�no� '=Nasasdonswz�Bnildir�g^4ltctie�i '' _ . .� - . . . . . � .. . ., , , , . . .. ._' .::_.,_- '." .�..t;;;�rr -;!} '�Ft'�`:,�.'t.�.z ...� � .M_ ;. � S. � That the City Conncil of the Citp ol.:Oroao'�H�rabp�anth�t s�t�d. � � � dis�cts the Mapor. City Clerk. .Citp.�Attotuey,`aad;.at�»r;�ofli�s� �� empioys�s of ths ,City to take� such acLion,;�ps�pss�i�fsiq» �.: ��Ii��i '. ' � such pepers as are necessary to r.omply:Nith�°tbir�o�d�r'>aad..��' • � th• cost tberaof aqaiast th• raa l .�atat• ,deteribtd�tb -'" �l��. ,r� `F coll�ction alonq with taxes. -. '""` '� '"" r;;�''> ��' � , � � � �� ,�� F ; Adopted by the City CounCil o! tha Citp o� OronO, .Mitu��so�'� ; �r �� - 26th day of May. 198�. r,i ;a ..�,a�t z�, �� ' � APPROVBD t `'�° ,� ��r• �` . . '' r��'!4 a �+ �.� ,�. ' ��' �s� '`r.e�t : _ - �;� �t2R,t�' .r`'G�' ,y .. -ttQ Ls .r, ,�� .�r �T{�~ . ;,� • �, � ATTESTs James R. Gra . Mayor . { »;��-.�.�:"� � . . S - 'i��'.�}�` .. - . . � . rt��fi�� 4L . .. . '' . . 1�1.Y4'� �k�l� Y�'- �'� Dorothy M. Ha n, C ty C erk y`�' a �' . `^.�� ` � . `,.�'j., ;� �'!:„ y .a� �� ` � .�i.� � . . . ' .. - i � _�.. ��.� . , ��.� � .. .. . �' ;.T . ... ... �� Faqe 2 of 2 �*��' _ ._ _.,r . .__._.. . . ' . t,:. _ - ';tx,,�'�t . ..,. . �t �., i.:. • ��' '^ ,�.� ' ... . ... .. .... � .�. .�. :. 4� ..- ,. �,w. . �.. -..' . .. .. . ' . :'' . . . , \" . . . . . . . . . . , , . ... . . , _ 1. .. ...._::;---�.•:-w.—iAww_.r.,a..+--,x••.y. �... .i.�.. •.r.�....r_'_ :..;:,__ f �.. . .r^. —..'. +':.W..._ wM;,— :.��-.�.s.�'....�4s�,.c� .la4s+^!+rrMi:��we+� � .... � -�_. - � -� ;- . - � - __ _ - _v�--- - • �--._ - - � f �i�= _ _ _ - : ^ r�,.�_ . -_":' �.. �..�' " __ - _... . . ' _._ . ..'. � ' �, � p ..'��- ,.- . . ..� _ �IiipTES OF THS REGDI.AR ORONO CODNCIL MEETING HELD MAY 2 6, 19 8 7'' ��:ADMINISTRATOR'S REPORT: _ - =- - - - :�,43536 LYRZC AVEAUE'' , - - _ . -;�ggVOCATZON TEMP�RARY CERTIFICATE OF OCCIIPANCY: - _ , .. _ y .,-- _ • _ - - - ,, ,�,-�,},---.�._ __ _.. _,� RBSOLDTION #2190 �� _ - - :- _ . __ __ _ � - � Mr. 8enke was present for this matter. -` -�`�"- -_ _ - - -;�ur.::. w�.=c .u�i`� _ -. - _-___. ''�� _ - -Nr_ ....< .. ------ - - - - • -• - � =_ _ _ City Attorney'-$latz explained that in 1982� the previous ... - � property- owner had died= and the City had started taking action to have the house condemned. Mr. = Henke contacted � j the City�expre_ssing an interest in buying_the property ,„' - ---� � . . � stating�that he would- f ix it up� and had no intention of • � -- making it; his� permanent home. � Mr. Jacobs worked with - - = Mr:---Henke;'"and-given- the fact that Mr. Henke was going to build another home on the property, listed certain � items which had--to be done. When Mr. Henke � made it . .. �.� . � •.. � known that° he was going to live in - the house permanently, Mr. Jacobs said that he would have to put in a foundation as the house is on cinder blocks with no mortar or cement in between the blocks. - Furthermore, - Mr. Henke has not demonstrated that the blocks go down into the ground as required by the - UBC. : Mr. - Henke signed a temporary certificate of occupancy agreeing to . .. . comply to those two conditions and had until the end of July 1983 to comply. Prior to and since July 1983, Mr. Iienke has refused to comply with the agreeded upon conditions. Subsequent to July 1983, a citation was issued and a court hearing scheduled. The court hearing was continued so the City Council could have a hearing _ .. .. � : on.the matt.er. Upon review.of the .matter, the Counci 1 • " � � gave Mr. Henke until July 1984, to comply and insisted that the conditions of footings and roof repair be met. � Since the Counci 1 hearing, Mr Henke sti 11 has not taken _ any action. However, another court hearing was set in May 1986.� Upon deliberation it was the opinion of the - -- atto�rney and- staf f that the remedy needed was not f or Mr. Henke to pay a fine but rather to remedy the house conditions as it posses a danger to the community. In � - response to Mr. Henke's assertion that the house is structurally secure, the City has suggested �that Mr. Henke contract with a structural engineer for an opinion as to the stability of the house. Mr. Henke has chqosen not to go that route. In order to move forward, a hearing on this matter was scheduled for January 31, 1987 before Mr. Campbell , an . . . . - Administrative Law Judge. Based on the hearing and the •� � �� • �• record; Mr. Campbell issued an opinion that the house is •structurally unsafe. Mr. Campbell recommended that the temporary certificate of occupancy be revoked and Mr. Henke given a reasonable amount of time to make the structural repairs. - -- . �. _ i � _ _ _.. -• - -- --- - - _ - -� . , 1 � • , .•. � I�NOTBS OF '1'� R�GQLAR OROPO CODNCIL 1�ETING �I.D MAY 26, 1987 �435�6 LYRIC AVSNQB — R$VOCATION TS�ORriRY CERTIFICATS OF OCCQPAPCY CO1�T. Mr. Henke responded to the City Attorney's report by . stating that in 1982 he did purchase the property at which time he went to the City inspector and was given a list of corrections to be made. The original list of improvements to be made did not include the foundation. Mr. Henke stated that the concrete blocks under the structure were put there in 1935 and have not_ settled, and that there_ is no__ erosion taking place under the building.._� The house is enclosed by plastic on the bottom now. He noted that he sees no benefit to the City to- make the structure more permanent than it . current�y is. Finally, Mr. Henke stated that the fact . that the � house has existed since 1935, exempts- its condition from the OBC reuqirements. City Attorney Blatz stated that all homes, reqardless of . : • when they were built, must not present a hazard to the community. Moreover, Blatz noted that Section 104 of , the OBC applied the provisions of the code to all altered structures that are made unsafe due to the alteration. The City maintains that the alterations made by Mr. Henke added substantial weight to the already unstable foundation. - It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution �2190 revocating the temporary certificate of occupancy for Charles Henke at 3536 Lyric Avenue. Motion, Ayes 5, Nays 0. 3536 LYRIC AV�E BAZARDOIIS BDII.DINGS PROCEEDINGS � RSSOLOTION #2191 It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution #2191 commencing with hazardous buildings proceedings for property at 3536 Lyric Avenue based on the evidence regarding the unstable condition of his house brought forward at the hearing on Mr. Henke's temporary certificate of occupancy. Motion, Ayes 5, Nays 0. , � i � � 13 � .' � 4 . • 9987.6 /9 � ° . z= _.. .:•,•-. Tp= Mayor and C-ty Council � _ Mack Hernhardson, City Administrator � " . s � lROq: � `� p��; September 9. 1987 ..: :w,� SIIBJ�CTs Administrator's Information CASCO POINT ROAD - SPEF.D - At the Council's August 24. 198� Counc 1 meeting comments were made tegacding conductinq four speed surveys on the road, which is posted for 30 miles per hour. About a quarter of the people are in excpss of the speed limit. but few if any exceed it by more 7-8 miles per nouc. It is noticable in the more recent surveys that there has been a noticable increase in the speeds (this may be the function of vacying lxations for. the surveys.) The Police Department vill continue its focus in this area in an attempt to reduce the speed. It is noteable that of the tickets issued most were for residents on the Point. 3536 LYRIC AVENUE - This property, which the City had passed a ��r��T T temporary certi�icate of occupancy revocatfon earlier this summec, has now had the contractor come onsite by the 2nd of � September and commence work. It is anticipated that the work to replace the foundation will take approximately two to three weeks. The owner had indicated that he would commence the work by the end of August and the City was ready to enforce the revocation of tempocary certificate of occupancy. however the aork has commenced. He had drawn a permit in mid-July for work. (While the foundation does not take care oE all the concerns of itemaeihave�t bring this prope tyki to�conformanc.�emedies that Y 1972 SHADYWOOD ROAD - The initial hearing that was to be held on Septem er st as een delayed until September 22nd. 3g_ 46 SI�XTR AVENUE NORTH - Subsequent to the last meeting the ptoperty ownec 6as pushed the debris from the burn into the foundation so that the property is not yet in a saEe condition (in addition the owner needs to cap the well and seal oEE the septic system - these will be taken care of if it is deemed necessary.) � 2160 WAY2ATA BOULEVARD - The City has becn attempting to contact the perso�n Ercm PCA as to progreas on this matter but to daLe have received no re�po�se. StaEf will continue to pursue the issue. � 200 HOGLANDER ROAD - In addition to the problems with thc barn which thc City wTl l bc going back to Couit with in the next Ecw weeks to get a d�tecmtnation as to whether it can be cemoved or not, thc foundation of the house was damaqed in the July 23rd , rain. The [esident oE the house indicated that a pa[tion of the 1 . . n . ?.s.i.. a,d ..,.,;. . ...".. . . r". ' Ir� - � ,,. ..: 3., . .... a .. :.. .:�.�s ,' .,...,.. . '" . r� � :'1 � . �- ,: . _ .. ..- - _ _ ..----- -_..__..�:..� :,.�..:�:... ......... ... ��.., .,_ ._.,,.., :.,.....� ...,.�,..., _...:«.__.._. :�.,_,-.�,_:,-,_ �'...�-�- f- ... _ . . . . -r_-,-.�..�- ^.. . .. ... . .—�-^'�....,�,.._.....' _. . . . . . . .. . . , .. . . ��r�+a�:�r . _ ^o-�".' . foundation wall collapsed and mud cushed into the basement and which he feels has generated health problems fot both he and his cats as there ace presently mushrooms growing in the mud in the basement. He has not been successful in finding someone to remove the mud within the cash resources he pcesently has available and is not. able to hire the structural engineer who will be needed to determine what the extent of the restoration to � ..;�thei;-.fouqdation will be. ,; Because of the health problems the �'�'resfdent�`has 'inquired as to 'the possibilityrt`of putting a �"While � ,; � home on the pcoperty until he can get the house fixed up. staff does have authority in certain ca elmit af c� ai newthouse� ' '� � be =;in _con unction ,�with a�, building p � �w+h"' �-� ��oChetwi�a�it'-would -t��e:�a :=�bt�issic� of a •variance request if � �`; �� such `wtts�,.not deemed} a'�'use ''�►ariance for two residential �.�structures. In addition the' est,ate wants to final:ze the subdivision tbat was given preliminary approval in February 1987. " There are some items on the property t:�at need to be taken care of, however, only a few are related to �he conditional subdivision itself. 3645 NORTH SHORE DRIVE - The owner of the pcoperty at the time of Lhe re as so t e property and the new owners have taken out a building permit to do necessary work to rehabilitate the structure. They have cleaned out the fnside and are doing the outside work anticipat A�9 this �time staff bis choldinge that F approximately Janut�eedings in abeyance. ha zardous bui ld ing p 192A PAGERNESS POINT ROAD - The is::u� of the fence within the 0- set ac a� a so t e road ri,t�:.-of-vay will be delt with in an after the fact variance at the i'_anning Commission's September 21st meeting. 3405 SHORELINE DRIVE - The City i� currently exploring its codes to see it can in tiate a hazar�.��s buildings proceeding on a stsuc`chedoestnot have�the�auth�_ i�t�.YeStafftwill continueeto resea work with the property owner. DIETRICH BLOCKER - 485 LINDEN AVF.tCt7;. - In the fall of 1985 the C ty scovere a ai ing oun9at. on on this building and in conjunction with the Urban Henn•:;:� County oEfice The failing obtain a rehabilitation grant fc:. �re structure. � foundation was part of a partial ta:.•nent underneath a house at the above address. In additior. �.�. this partial basement �here was a crawl space and/or Eound:,t i :�.� •.:r l ls under the balance oE � the structure, with the partiai t:,ur:r��t�t being under only about � 1/3 of the structure. The q-rL!�t �•. • �bt:.ined together with a buildinq permit and the repl��r.o.r,^�`. �° the necessary basement i walls Mece done. At this time � s+�:•' �:r �Se°tthe houee a ashnot � were going to be no addition.. to .. � being moved in or the entire `u��^'�'�i�n being replaced. In addition to thc foundation w�rk +:h•: `. �.F;s� lone additional Eraming f work aas done on the house. Ii� .Tu�� •:urrent owner submitted f plans Eor a building pecmit to d-:� ,� c?antial renovation oE the t . . _.., .. �..�:' '-.� ... -...:. . '�._ . .-'�.`.':.i ;�rs.�. ... --..� .Y._.. r. ,�_ 3` � . 1 .. , •. ' .. ' ' . . _ � . :�. . . :.., �.C � '. . .�e Y.. .... ..._. , ..'... .i 1r � . � M1. . . ... .. ..,:�. . .�. -i. V ' . .�... ...�..._,r-..da.�-T...�.t..i..�...—r ....:..:....... ��.�-....��... ...-�'--:. ...._"_.__._....:. ..� �:_. _�-. . . .. n- ... '��....�.`�s�.-.•-n....-...s. . '.. '.. .x.� �.... .... .. . . ..� .-.4 .....�. . � � housc including work on the second floororchnarea ctiSince the enclosed porch area and addition of a p foundation was questionable under tta exte dethe�porch totthe Y with �the fact that they were going substandard front year setback o� the house, it was indicated that they would have to gPt a variance to o an=tCiehthaway so Sa They indicated that they wanted to get g 9 . 9 building permit for the wock on the second floor was issued but ' that further work would not be petmitted unt:l the variance applicatior. had been processed. The owner disputed the fact that the foundation needed to be ceplaced underneath the enclosed R porch and in r.esponse to that, given the fact that there was a � building permit �yle Oman, Buil.ding 2nspector, went out on the property to determine if the foundation under the enclosed pocch was, tndeed as the owner claimed. Mr.�Oma�18ninch�deepiholelto � :•Ms. Knott went out on the property, dug determine in fact that the foundation did not have the appropriate footings and vouldhe soiltto the hole d qabut had Inspec:toc ecred in not replacing t only dug one hole and not additional ones as claimed by the property owner. In order to do anything apart from the upstairs work, such as the enclosed porch or the extension of the open porch across the fro�t, a variance together with a sucvey would be needed. it was not appcopriate that the City require a survey for the Eoundation reFlacement in 1985 as it was only a partial replacemert and the house was not moved or raised at that time. �T=oceedi g Son�this verge of submitting a hazacdous buildings p sttucture had not the corrective action on the base:n�nt ta4cen place.� Had Mc. Blocker chosen not to do any work for ihe enclosed pocch oc extendinq the front porch to the front setback there would have been no requirement for the survey or the � variance, however, he did choose to undertake these and it is approptiate that he be charged the rates established for all of the residents hcomin5etoyMrs Blocke�e and he willhbehinEormed of no refund fort 9 � such via letter. GOA�SETTIN� - See attached summary. PURPLE LOOSESTRIF� - The City Was recently advised by Rui�ert t'��t Croucare permittingetheausepoft the chemitala "Rodeo"rcfoc the • they with the chemi.:al eradication of PurFle Loosestrife. Test+^$ults with 90-lo.R `Rodeo" has appacently proven the best eradication. ttowever, the chamical Rodee will also eradicat� any and all vegPtation including cattails. Thc City's concern ha:; been expcesoimaedtth�pNif the chemicaliused to pradicate�the and was inE evcntu.illy croud loosestriEe is not used then loosestriEe l,i ed b the DN*t that - out the cattail., anyway. It was also exp Y cattails are a vcry agyressiv� plant and hopefully will grow back. The City will h� monitoring the situ��tion. 3 . . � ...�. ...-� -... ,. ••.�- -,.,.. ... - * .,�- _ �._._.. ,..... _ . . . ... . .. :, �. , :' _. . _ . . ,,., . ._ _____..�..,�..:..--�-•-- - - - _.._ . . _.:__�.;�.,,..P--=...,.:..:_...,.*:.�...;�.�.�•�.:�v -� _ ._--- __ __�. _ . -- .�. ....-,-r--:=�-�.----- - . ., . . _ _ _ . _ --�_ _-._ , _.�> ..... _ _ , .._. .m.--. :� ..._ . _,- -_.- .- - -: . - - ...,_ • --� _.__ ._ _ __ _ _ _ _ ' .�4 • MIHOTSS OF TS$ RSGIII.AR ORONO CODl�CIL ��BTING �LD SBPTffi�ffit 14, 19 8 7 -" �- : � . _ - _ . _ __:- _ , , . _ . _ _ , . ._- .� ' ADMII�ISTRAT08'S INFORMATIO�I* '- - '` ' . - _ - : =-- .� - �. . _ ...- -. :._ _ _ -- -�:- It-=_ was - moved��. by Counci lmember Sime, seconded by` ' �- ' � Councilmember� Peterson," to accept City Administrator - .:.._�- - ,,:" - �- -�-��: - -- - _ : Bernhardson's Information regarding: Casco Point Road-="� _. .. _ . _ _ ;= : . _ Speed, 3536" Lyric Avenue, : 1972 Shadywood. Road, - 3946 ; r..�. �...�.�:...._,.�_ _ - ��. . �. - ---. - _ - Sixth �Avenue� North;�' 2160 Wayzata�_ Boulevard, 200 ' _ __.,�_. .. .__ __� _ _. _ . .., . -.�,� �,_ _ : .,- -�-- - - - - '`_ Hollander Road,: . 3645 North Sliore Drive;" 1920 Fagerness .,''��' - - . _ _� "' �-- Point . Road,-'° 3405- Shoreline'; Drive;' Dietrich/Blocker-458 `� � � - ~ Linden�;Avenue;;: Goal- Setting, = Purple-_Loosestrife; �-� . _ .. � _. � • _- _ _ . ___ =_ = Administratoi's�- Vacation and= Conference,-:-and� Parade of :== _�- .- : > :. : -�� Homes Specia l;; Event Permit. ,_- Motion, Ayes 5,: Nays 0. v..�,�9- - - , - - _ _ . . . ._.. . M . . .. _. ..__ _ . , . _. � ., _ _- - - - - - - - - > _� _ . _ _ ,_ �.. - - - - - -�- - _. -->__--�--- _ ��. -�a CITY AZ'1�ORN8Y'S R$PORT: ;. .>. .� ._ : �. .:.� - = _ _ :. _ _. ,:. - .� .. : . • •.� � �. �.--- �. : :_ �.� ,:.... . . _. , . _ - _ .. _ : .. . , . . :�� Mayor Grabek; excused` himself 'from the Council�' for this °;` - - " - ' --..- _. � _. .�matter. : ;:. � . __ __ ,, , , � _ T. ._ ._ .. _ _ _ . ._ _ . .... _ . _ _ _ .. : - _ _.: _ _ �..� ..-....... . .... . . .. —�'L:"!'i. _......_ �... — �< - .:v...: ' •_• .•w%.'s.. ]� " L �1 .r+^-^_ ' � • �.�-. �.: ' . .. �i... . �_ �-.:a.- >s� . = . .'! . -...,:' . . . . . ....ti.._'.L- ___ ' " .. .. �. - �'-- .._� � . .. � . � ' . .., . .-'..: . . � -.:. ... ... ^ ". � _-.. ....... . �..� - _.' � ai..: .. • �-� City Attorney- Blatz explained that problems have risen " due to the Council not approving the amendment to the - Forest Arms Purchase Agreement at the July 13, 1987__,�: -- meeting. - She explained that a payment has been made by :; � , -:., that was� due` and owing that ref lected the amendment : _ which was not approved. Therefore, .. Attorney Blatz = � .'-_ requested direction from Council on this matter. _ ` � _ _ _ .. .... _ _ . _ . -- -- -:- ' - City Administrator Bernhardson explained the status :�of �- .. . ., . . �- •= payments made to the City since May 1987. - -�� Acting Mayor Callahan felt that further discussion of ' this matter should be done in Executive Session. It was moved by Acting Mayor Callahan, � seconded by ., Councilmember Sime, to enter into Executive Session at � this time (8:20 P.M.). Motion, Ayes 4, Nays 0. Mayor . _ Grabek abstained. =�. I.ICSNSSS* _._ . . :- -- There were no Licenses for Council approval. _ BILL.S* - ' - . _ _- - � It was moved by Councilmember Sime, seconded by _ � Counci lmember Peterson, to approve payment of the Al l � . _.��_. .;--_... :: - .---Funds Accounts. _._Motion, Ayes _5,_ Nays: 0.__..__. . �.. ,_ .,�_..._. ._� _ _ . ,. _,. _ . . . - , . :_ .,: _ _... :� - �`` �lDJOIIBDII�BT 8:40� P.M. _. ,.- _:.__:. --. _. , : s. - - . , , _ , -. _ -- -_- ,�- It was moved by Mayor Grabek, seconded by Councilmember -- ,_ _ _ - �- - - �° Peterson, to ad journ the reqular Orono Counci 1 meetinq � -_:, ,, . . _ - :. at 8:40 P.M. ' Motion, Ayes _5,� Nays 0. - _ ` = = ' � -�- - - _ _ _ AT T: __ . . - � '_ _ . " . ; / othy Hallin, City Clerk Jam�R. Grabek, yor � � ' 9 i ; ! � �6 � . , � t• ! '1.��.. ��•j A � : n •, •- �- ... .. : I::^! ' Zp= Mayor and City Council C . t \ • ^ 'i�+�. lROM: Mark Bernhardson, City Administrato�l•� pATE; September 22. 1987 t gpgJ�C?: Administrator's Information � ' METRO GOOSE HUNT - During Lhe 10 day period established for the � metropo tan goose hunt the City finally issued four pern�its for `'four :a�eaa�for- a Cotal 'of 7-��unters«` Resuits of'this have been M `��' that a•total of S geese wece`taken. � Part of `t!�e concern by the y. . hunters regacdieg the low numbers was that fact that the City ' � would not alloa people to hun.tzbefore ;BsB� a.m. and by then the . ;sun waa��up�and some of` the��i'�:s�afi:-14igrated from the evening ,, ; ..;'testing places�H" In addit orr,3' �" wa':3�'felt that''ihe geese had apparently read the newspapers 'as `they wete scarce durfng the l0 days of the hunt. To date we have not heard results from the Department of Natural Resources tu determine the eEfectiveness in } the Metro area of this hunt. At this time the Department of Natural Resources has not deterrnined whether they will have a special hunt in December or not. As of this writing the City ceceived na complaints from any of the residents regacding this special 10 day season. FORF.ST ARMS PORCHASE AGREEMENT - Attached is a letter that aas sen�tlie Forest Arms Homeowner's Association regarding tihe r , quarterly payment under the contcact. '� 3536 LYRIC AVENUE - work continues on this structuce and it is expe"�tecT�t�iai the new foundation will be completed in the next ` fossibility once thisCfoundat onlisicomplete thathheemayleekean ' addition to his structure. 1972 SBADYWOOD ROAD - During the research for the upcomming court ate on September 29. 19P7, a stipulation between the City oE Orono and the p�rty in 1982 was discovered. At that time the City sought to issue a citation undec a general nuisance ocdinance and as part of settlement of that entered into a stipulation whereby the resident could continue feedirtg ducks in a specified amount of food varying by seasons. Subsequent to that feeding and in conjunction with the 1984 codiffcation it aas specifically determined ay the adoption of that fe and w lfare water fowl did constit�.::e a public health. saEety concern and as such specifically feeding tho3e would consti:ute a misdemeanor. The language in the stipulation does all rn+ the City to p lation hasebecane sane hat problematictin theepcosecution oE stipu the case. 3946 SIXTN AVENUE NORTH - The property ownec is currently making progress on cleantng�ebris out oE the b�sement. In the interim the City will be obtaining bids Erom contcactors to complete the 1 � �.. . . _.T .. . , .. _. ;... . .. . . , . �. . ... ,_..._:- �_.��.. ... ._...., _.....� ,,, _, . _ . - , �-_ . . -. . �_.Y a...,,.. • :.. � :.;� > ... __ <•�. � �...�.�...�,--.,-._,�.� .r..., ._._ ......:., ;.,.__ , _ �- ��. , j:=` ",y. ; ._ �"'� � � S OF THE RBGIILAIt ORONO CO�TCII� 1�ETING H$LD SBPTBNID$R 28, 1987 • ,�� * s -, COIIRSB E!�lPLOYl�NT - PART TII�* It was moved by Councilmember Sime, seconded by Counci lmember Ca l lahan, to employ David Lindstrom and . . � ._ walter Mills, Jr. as temporary counter helpers at the Orono Go1f. Course to fill the vacancy -created by the - resignation of Betty Stevens for the remainder of the � the 1987 golfinq season at a rate of $4.25 per hour effective September 29, 1987. Motion, Ayes 4, Nays 0. BB�JSCTIObI OF BIDS - HACRB$RRY PARR WBI.L Councilmember Goetten asked Public Works Coordinator , Gerhardson how . specifications could be revised to reduce the bid amounts. Public Works Coordinator Gerhardson stated that he will be working with City Engineer Cook on various ways to revise specifications such as elimination of a water f ountain, etc. It was moved by Councilmember Goetten, seconded by Councilmember Sime, to reject all bids received on September 25, 1987 and to revise the specifications so as to provide adequate water supply for our needs and to rebid the well installation at Hackberry Park. Motion, Ayes 5, Nays 0. RESOLDTIONS OF R$COGNITION* RBnSOLIITION #2260 - M�IRR THOMTON RESOLIITION #2261 - PETSR ACHEY GR�G SIILLIVAN RANDY O'BRISN It was moved by Councilmember Sime, seconded �by Councilmember Callahan, that the Council adopt Resolutions #2260 and �2261 recognizing Police Officer Mark Thomton and Police Reserves Peter Achey, Greg Sullivan, and Randy O'Brien for their outstanding work. Motion, Ayes 4, Nays 0. AD1rLINISTRATOR'S INFORi�ATION* It was moved by Councilmember Sime, seconded by Councilmember Callahan, to accept City Administrator _ Bernhardson's Information regarding: Metro Goose Hunt, Forest Arms Purchase Agreement, 3536 Lyric Avenue, 1972 Shadywood Road, 3946 Sixth Avenue North, 2160 Wayzata Boulevard, 200 Hollander Road, 3405 Shoreline Drive, � Casco Point Road Right-of-Way, Baker Park Deer Hunting, Highway 12 Task Force, Surveying - County Road 15-Mollys Corner-County Road 51, and Crystal Bay Road Restoration. Motion, Ayes 4, Nays 0. CITY ATTOR�TEY'S R$PORT: City Attorney Blatz requested an Executive Session at this time. 13 , I • io�e�.io /b � , , • • - ..•'�y �.'i 1;; i�Y7 TOs Mayoc and City Council PROMs Mark Bernhardson, City Administrato��ll,1 � `` � �: L�rt;�t�� J � DAS'Es October 6, 1987 4 SOBJECT: Administrator's Information j�' �. * � ,3536 LiRIC:AVENUE - Ttie resiuent continues to do some work in � ��putt�ng a��oun�3at�on under"�the' property, however` the work is not �� completed and staff will be further monitoring this project for hopefully,,having a canpletion within the next month. � .� : �Y^ , t��' { .�. ,- �,; :_: ti , �� ,;;1972.S ,' y C�;AO�kD.,,' A�>�'�s.�pce�tc�a�,' hearing on September 29, ' I987 t 4;, t�o.ney �or the resident`�and the attorney for the City �� i attempted'"`'to see if there was some common ground for a negotiated �,: settlement that would cease the feeding oE the ducks for here t forwar.d. At the time it did not appear that the resident was (; amenable to a negotiated settlement and it was agreed that the }� attorneys would argue the status of the stipulation in light of �� the prohibition on feeding the ducks that was passed subsequent �; to that stfpulation. The Judge agreed to ehat and gave the !i defendents a month to submit a brieE on that matter giving the ,� City two weeks aftec that to respond. It is anticipated that a i� ruling on this matter will not be received until November or c December. �� 3946 SIXTH AVENUE NORTH - Despite promises by the owner no �� p�ogiess-Fias�een ma?e and the City will be havinq its contcactor fnitiate Nork on the property within the next week. 216A WAYZATA BOULEVARD - The PCA did transmit the letter to the owne� n icating certain actions that he must take and deadlines that he must meet with the Eeeling of the PCA ar. this point being that the owner of the property fs responsible based on the assumption that the pollution is caning from his property. In a discussion wiih the property owner he feels that the origin of the pollution is not on his property and that he will be working with PCA through his attorney on the matter. 20� tiOLLANDER ROAD - There is presently no further progress on t6e mattei to ieport since last time. The representative from the estate has not been fn contact with the City regarding possible voluntary development of the by-laws for the homeowners assxiation as had been hoped. The clean-up on the property has not substantially changed since work earlier th� s summer. The City will be continuinq to resolve the barn issue and clean-up during the next month or sc 3405 SHORF.LINF. DRIVE - During the past month the staEf in con�uriction��wZt�i-Fienriepin County has reviewed thc+ Lxation of a new road and sidewalk again Eor the owncr oE the property. It . was hoped Ehat this would al low him to make up his mind regarding the amount that he would havc left f.or parking and balance �hat t . . .. . .; . . _.�• � . _t_.. ._. . . ..i,�- -.... "' . .y"".. ....:-F ,�. -.-.,. ..��..-.� .. .� �..:. �.."��':• .�.." . .i� . .:�� ,� ., .. 1 � -...� ,.. .' .. .�.�,n .. :- ' .. " :>.... . . ' . . .. ' .: . ' �:� - .. . . . .•. �..:y , �:.,i .�. '„- . . • ". �,'. ".-'.. . �r . -: .,._ ... . . . . .. , . . . � :i-�....m,.�_..-,t"�-•---�-<:..+� _.''". � -n._ --•..,i^ .. " .�.�., ', .._ - , ._.. . ._ ..' , r _ __. , ... . .. , ..- _.-. _ .. ... � .�... ' � <:..i ..:`;- �.,.._ .��.yw �.-:_.- .. , ,_ .-�. -;.,:i_�+rt� -.,,.:� ,.,,�,.T , .::_. .- .. ' _.,., . ' . , . � - -- �_.__.--- . =- — �_ _: .._. ... - __ .. _. . .. _. . .._ __ ,�- � _ . _ --- , - - , __ { � ___ _._ - �• 1 , i MINOTES OF' Z'HE REGIILAR ORONO. COIINCIL MEETING HELD OCTOBER 12, 1987 I ' . � WOODHILL AVENiJE/PROJECT PROGRESS* ;�< ; ___ ,_:,��..>_ __ RESOLIITION �2288 �_ � . _. . �r -__ : ..� .� ,.�^_:�� _:__ _ _ __�,_ -_.-_.�..t�.-..._,,.. _ . �.-�-.,s-..s.�:_ :-::._ �.:�:.-<.-�•'s---.w: It.,�was ..moved by Councilmember Callahan, seconded by, - Councilmember - Goetten,--� that the _ Council accept _the - information from the staff regarding Woodhill Avenue, adopt Resolution #2280 receiving and calling hearing on �+-�F improvement and establish November 23, 1987 as a public - - hearing;_,.for � the _ project feasibility.: .and special< � assessment for- the_ upgrade of Woodhill. Avenue._ Motion;_ Ayes .4,_ Nays 0.. ;._; � ». . .. ._�_ ;�_:. WOODHIL/LOT 3 EASElRENT AGRSEI�PT* . "- ' `- _ -- � It was moved by Councilmember Callahan, seconded by � •- - Councilmember Goetten, that the Council accept the easement agreement for Lot 3 across Woodhill. property. to access through Woodhil l Avenue. Motion, Ayes 4, Nays._ 0. REQIIEST FOR PAYMENT �1 - ALLIED BLACRTOP* �; _--;,� It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to �approve payment #1 to Allied Blacktop for the 1987 Seal Coat Project in the amount of $82, 540.46. Motion, Ayes 4, Nays 6. -- POLICE OFFICER APPOIPTI�NT* CHARLES SCHAIISS It was moved by Councilmember Callahan, seconded by Councilmember Goetten, that the Orono Council approves the hiring of Mr. Charles Schauss effective October 26, I987 at the starting rate for patrol officers. Motion, Ayes 4, Nays 0. COMMQNITY DEVELOPMEIQT BLOCR GRANT AGR$EP'IEN'P A1�NDI�NT* RESOLIITION #Z281 It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to approve the amended agreement and adopt Resolution �2281 for participation in the Community Development Block Grant program and to authorize the Mayor and City Administrator to sign the amended agreement. Motion, Ayes 4; Nays 0. ADMINISTRATOR'S INFOR1r1ATION* It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to accept City Administrator � Bernhardson's Information regarding: 3536 Lyric Avenue, 1972 Shadywood Road, 3946 Sixth Avenue North, 2166 Wayzata Boulevard, 260 Hollander Road , 3405 Shoreline Drive, September Goal Status, and Riparian Easement (Dianis vs. Harren) . Motion, Ayes 4, Nays 0. ATTORNEY'S REPORT: . City Attorney Barrett requested an Executive Session at this time. _ _ . _� ._..__._ .,_, -,:. - . . . _ .. . - ._ - - � -. -. - } � • "✓ . � 1�22�1:3'..�,;� zf;�.�l4;j� � . ..., ;� ,�T° ' �„R� ,. . , . : ..,.,� Tp= Mayor a�d City Council ' ' •~ "�_ �gp��= John R. Gerhardson, Acting City Administrator� � '�� _� ��p�1SRs October 21, 1987 � i gOBJ�C'ts Administrator's 2nformation :� ,� _ �.r SPACE_CONSULTANT PROGRESS - Cindy Rudko and David Kroos, ;: �---- � �:-- repreaentetives �iom Boarm'an and Associates have conducted ews with most City�;,employees, .photoqraphed all areas and ,r ��easurements of all�•Crono�'facilities as:��part° of Phase I of ., ' the''�'facility study prxedurp. . _ ;.,, ; : .,.R. :; .._. , dies and�",int �v;iews will .;be, forth,,�coming and we will � .tQS$�� ; c �' �i'�'��= 9 .:y{ i�M1 �.. �, � : �Z S �: � 'R 'b �: , TIONyPROCESS�. On October 9, 1987 Mark � , �;,;w th Pau�Rearman and Mike Fovich from Minnesota � �p � �fent of Transpoctation to try to bettec understand the p`tocess that they had submitted to us previously. After ouc discussfon rrith them, it was agreed that they will send us additional information which will be reviewed by staff and then to Couecil for review and comment. FOREST ARMS ASSOCIATION - Because there was no response fran our Iast-Tetter to the Association the check vas cashed the week of October 19, 1987. � 3536 LYRIC - The resident has been issued a permit for the = foun�at�on and an addition. Wock is pcogressing, however we do ! � not have a completion date as of this writing. 3946 SIXTfi AVENUE NORTit - The City was pcepareG to con�nence clean up o� eFie prope�ty, ybut it became unnecessary because the property a+ner did proc�ed on his own. 200 Rf+'.LANDER ROAD - Th^ neighbocs of 200 Hollander Road have assfst +1�n clean��up of the propecty. The property owner has the property 'For Sale by Owner". Information is not available at this time regarding disposal of the barn. .MWCD APPOINTMENTS - Attac.hed is a copy of the letter sent to the - County Board o� Commissioners req�rding [ecommendations for �'appointment of Minnehaha Creek Watecshed District. FALL CLF.AN UP - The fall clean up on O�tober 16. 1987 was a � ` success as usual. We fillcd six 40 cubic yard containers, one 20 cubic �ard cont.�iner and one 10 cubic yard centainer. We also ceceive�l 15 cut+ic yar�s of leave3 that are Placed in �ur compost - pile. a u . �: �� • � ::�::;�:;; t .!, � � . .. - .: .. . . �. . . - - , - . " , . , , . . �. • .�.. _... . ._....: _, S��.a . ��--�f:-...� • -l �• ^'� • .. Y._ . ,.. . . � . .. . . . , . � . � . . . ..��.. .—v��.��.,��v..�...a,��.--`rn-�-n�•-..�!o-.�M+�o,Mw+�i^;2ti.a'--�--+..+r�a�., ....,r,��""��.�m,.-..-.�.-a...-.�..r+-A` ::-:__^'T�•�`.�.to+Cn�r�..�s.��Yr.++-�+..F-�+?.n.-CL.r..� . . - . - . -. .... 4�Y� .. '�'n'�' �: -__-.r�::� a a3-� " ~y _ �." _,r'�� F T� R�GIILAR OROHO COONCIL 1�TIHG H$Lp pCTpggR 26, 1987 - _ �. _-'� 12 S$CTION 12.05* ORDINANCg AKEND�T " "�� "r ' � It� wa,s moved by Councilmember Sime, seconded by _ , __ - Councilmember Peterson,__ to adopt Ordinance No. 43, - Second ` Series "An Ordinance amending Section 12.05 �.- - - Subdivision 1 of Ordinance 12 adopted April 11, 1984, : _ _._ __ ___ . and entitled 'An Ordinance relating to the Time of - � --: Construction'". Motion, Ayes 5, Nays 0. ADMINISTRATOR'S I�iFOR1�TIOH � - :. . .. . . _; - * --_ _-- -- -- �--� . - _. _ _. It was' moved by Councilmember Sime, seconded . by � Councilmember Peterson, to accept Acting City Administrator Gerhardson's Information regarding: Space Consultant Progress,` Highway 12 Corridor Selection Process, Forest Arms Association, 3536 Lyric, 3946 Sixth Avenue North, 200 Hollander Road, MWCD Appointments, _ __:__:_ and� Fall Clean Up. Motion, Ayes 5, Nays 0. CITY ATTORN$Y'S RgppRT: City Attorney Blatz requested and Executive Session at this time. LICffiiiS$S* . _ - � It was moved by Councilmember Sime�, seconded by Councilmember Peterson, to approve the following licenses: Septic System Installer - Westonka Sewer & Water Solicitors License - Minnesotat Public Interest Research Group Moti�on, Ayes 5, Nays 0. � BILI,S* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes 5, Nays 0. 1�1D�70�NT 9:55 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. ATTE T: � -� -- _ _ � - z thy M. llin, City Clerk Jame . Gra - yor 13 � . .� 103087.5 � �j; . • (�(D ., • ,.,,:.,,,.,, . . .t sp= Mayor and City Council _ 1 ':::' '� �pK; Mark Bernhardson, City Administrato��t�1 " ' �`'l � , _ ._., . ��: October 30. 1987 -- ,::� _:.1.i gQgJts�CT: Administrator's Information ;,-HIGHWAY 12 TASK FORCE - Attachment A is a summary of the meeting � �,� �,-;� �':=.�rfiela-at t�ie Orono High School on September 2, 1987 toqether with � the meeting held in Willmar o� October 27. 1987. The sttff had met with the two individuals fcan MnDOT District 5 on October 9. �:� igg7. Staff wil l be further working to develop the prxess with � �p.the people fran MnDOT Distcict 5 and will' be reporting to Counci2 € �''_,on this mattec at either the November' 23rd or Decembec 14th � • ,�;4,-r:: meeting. �, . ► .�-:� • . ,. : � . • fi 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 Eive areas with a maximum of , three individuals each to undertake hunting ducing this period under the guidelines previously outlined. One change that will � be looked at is if the City will allow an esrlier hunting time I than 8 o'clock. � i 3382 SHORELINE DRIVE - The mobile trailer that had been there ¢ �rom�980 through 1987 had originally been placed there with a � promise that it would be removed within thcee months. 4 Correspondence on file indicates that the City did not authorize e even the initial three n:onth placing of the stcucture. As you � ase aware earlier in the month of October the individual aqain � placed a different trailer on the site for the purpose of deer � slaughter and Frocessinq. This placement violated several zoning and building regulation3 together wfth being substantially on � City property. The City was able to obtain a temporary restraininq order together with a r+p•.manent injunction and if thc � individual had not removed the trailer by Friday, October 3¢th from the City of Orono that the individual would be under a S20¢ a day fine until it was removed. The individual did remove it by Monday. November 2nd. The City ai:l have to see if their is to be imposition of any Eine. COMPREHENSIVE PLAN AMF.NDMF'N9' - Despite the hope that it wculd be completed�-by tfie 16th o�-October, the plan is currently i.n t printing and should be available for distribution the week of s Novembec 9th. � SPACE CONSULTANT PROGRF.SS RF.PORT - The space consultant is ;. cur=entIy�un�e�ta'k�ing worli �n-their oEEice to process the :. information gathered in the s�rvey of the buildinqs and � � discussions with th� staff with a first draft ot work stations to s be reviewed by staff in thc next two week3. witbin the next ? issue oE processcsteps tonc s the initial~report tsi put togeEher ' :� � _ . .. . ._.,.�,..Y..,.��...�,.A.-- -. .• . . .' - . . . . , � ..'� '• .. . �... '-�,::� .:� . . . .. .; _ - ..•. .. . .., .- . .. . ' � . . . " t. , . r • • � �� ' - i" � for the January/February time irane. 34AS SHORELINE QRIV� - The 8uildinq Inapector has noted in a � iecent frispecti'on several items on the exterior oE the building : that indicate poiential deterioration of the buildiag. Ne 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 � - percipitaEe a potential hazardous building proceeding. � �� 3536 LYRtC AVENUE - The individual has completed the loundation � }��-.work and-�s commenced the addition vork;on�the property. . � . -a� _ . �� • . $ . ._ � . � �. -� 29A HOLLANDER ROAD - The property remains in a reIatively cleaeed up state and tt�e=e has been no further action regarding potential •��Ssale of the property. The C.ity's Attorney is still attempting to � � s�:woric with the Judge on the matter to have the Court hear our side i �-��,�;-as the 30 day extension gi'ven'by the Judge to Mr. Hollander has _ _. lapsed. . �1 422A� SIXTH AVENUE NORTH �= The Inspector had previously warned the . - ap'plicant that he would not be able to use fill that contained } , concrete and other building materials in tihe construction of his allowed berm. The inspector will be workinq with him and if � - appropriate remedies can not be agreed to oe a mutual basis the � � City will look to the conditional use permit that has been �<. � granted [egarding the project together with other enforcement � � tools that it may have. � �: 116e NORTH ARM DRIVE - The debris has been deposited in the �'' rav fne o� a com�iust�ble 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. x � � , 1700 FOX STREET - With the substantial progress made on the � ; tenn�s facilfty. questions have been raised as to the exterior - , finish. The appcoved plans show a lap wood sidinq rather than ':, just leaving the structural concrete block exposed. In additio� ;+�� , Lo resolution appcoving it requires appropriate scceening ahich will be put in place when construction is completed. � _ ' 1988 EMPLOYEE HEALTFt INSURANCE - Over the past year Hennepin �� r Cou�ty has been working to amend the health benefits for their en�ployees. They neglected however to tell any of the 42 ' municipalities who obtain their health insu�ance benefits through �.'� the County that any significant chanqes were in the oEfing until about two weeks ago. A� noted the County is dropping both PttP �nd Ned C�nters frae thnir proqra�n an�f avbRtitutinq Pamily HAalth f fl�n wMtch !r, n�t e 'itr�t �loil�r' eovw,iage 11ti0. T!�is was approved by the Connty Hoard on 30/30/87. Since over 75� of � Orono's employees are on those two plans this becomes somewhat pcoblematic. IE the City stays with the County there maybe a '. ptoblem of benefits reduction to be worked thcough with employees `i including a substantial need to change doctors and hospitals. � ir.._� •� :,f.. 'a... . .. . . . ��. . ......... - . . ._. � . __._-...-.• - .. . . .. i , . ....,«, ro .. .... _ � a � . :_... ... _ ,.a ..., . _......- .,.. _�. _ . ._ ..._.. .. ... :..L ..... .. _.. 'i. . �- f _ . -. .___ _.. -- - _ .. . .. _.._---- _ _ . : � , � _-. i,_. . _ - � ,., - • � �' �MINOTSS OF i'HB P�GOLAR OROHO COD�iCIL I�BTING HBI.D HOV�SR 9, 1987 HACRBBRRY HI7.L PAR1C W$LL COI�TI�iOBD Public Works Coordinator Gerhardson felt the bids were realistic based on the cost of approxisnately 58,400 for ��R-- � �� - the we l l at �Bederwood Park in 19 8 0. - � �- � f ��:�o,, __ _ �.. _ . : ,. .:xs;� ,^.:.:->a- .�_ .. .� -- �- - -- __. _ _--�- _ _-- , . _. . .. . . . .. u..,.:__ ...__... , _ ..- _ _ . - - - It .was moved: by Councilmember= Peterson,:: seconded by .. -- �. Counci lmember-_. Sime, ; to award the construction of the � - - well at Hackberry Park to Renner Well_ Company for an °- - �`-°'=--� - ` amount not exceed $11,267.50 and to fund this project .._. _�..-_-��:-.. . _ � from the Park Dedication Fund.__. Motion,. Ayes 5, Nays 0. , ._ - _ . _s..� � _ - - _ _ . . . - . - _ ___ _ --- - � _ ___._._ �. .. . _. . _ _ . _ ----._ __,� .____ _ . ,_ _ - . -- _ _. _ . .. ADDI'1'ION�IL DBPOSITOBY* _ _ RBSOL�TIOH #2297 _ _ . ____ ' - It was moved by Counci lmember Sime, seconded by - Councilmember Peterson, to adopt Resolution #2297 making _ additional depository appointment for 1987. Motion. Ayes 5, Nays 0. ASSBSSI+IS�IT R$DIICTION - 525 TOPRAWA ROAD* RB.SOLDTION #2298 It was moved by Councilmember Sime, seconded by � Councilmember Peterson, to adopt Resolution #2298 _ reducing the number of sewer units at 525 Tonkawa Road and reducing the assessment amount by $2 ,619.66. Motion, Ayes 5, Nays 0. ADMINISTRAT08•S INFORMATION � Councilmember Goetten asked who is requesting the City to allow an earlier hunting time than 8:00 A.M.? City Administrator Bernhardson stated that the hunters have requested this chanqe notinq that staff would not recommend earlier than 7:00 A.M. � Council concurred with that recommendation. � It was moved by Councilmember Sime, seconded by Councilmember Peterson, to accept City Administrator Bernhardson's Information reqarding: Highway 12 Task Force, Metro Goose Hunt-December, 3382 Shoreline Drive, Comprehensive Plan Amendment, Space Consultant Progress Report, 3405 Shoreline Drive, 3536 Lyric Avenue, 200 Hol lander Road, 4220 Sixth Avenue North, 1160 North Arm Drive, 1700 Fox Street, 1988 Employee Health Insurance, International City Management Association Conference. and Goal Setting Status-October. Motion, Ayes 5, Nays• ! 0. CITY AT�ORIiiSY'S REPORT: , City Attorney Blatz requested an Executive Session at ; this time. •� � 13 , / _;: iilas?.3 �� .. • -s^.. '�.�*T �.� . .. . •:':f - Tp= Mayor and Ci ty Counc 11 � .r�_ lROMs Mark Bernha�rdson, City Administrator`11� � - • . `.;�' „ p��= povember 18. 1987 gDHJ�CT: Administrator•s Information � 2A0 Hoilander Road - A hearing is scheduled in front of Judge L�ndberg �or Fr�c3ay, November 20� 1987• . regarding the hasardous �`��' buildinq pcoceedings regarding the,.,barn....,The City is awaiting ,. :� ; �,�. '��` the outcane of that hearing. �: . , � . 1160 Nocth_Arm_Road - The debris that was to be burned by 11/9 � � �'��"��` Nas not taken cace of by that date.:a it has_nov been taken care } � �::�- of. . �_ ,�. • 3536 Lyric Av_enue - T6e City issued warning notices to the o�+ner re.gacdrng unl�3censed vehicles, impropet setbacks for a recreational veh198?�a^ifsnotacocre ted iti tionslwillebe�issued on Novembet 19, on Nrn►ember 3, 1987. , 4635 Tonkaview - Judge Lebedo:f has 3ssued an order that owner fias urit��3��8�88 to remove by himself. if not removed City can remove an8 assesa all costs. S ace Consuliant 3tatus - The dcaEt work station/storage sizes � c3�agrams have-beeri�issued and are current:;� 5eing reviewed by stafE. These iniiCeearation SEorwatpossibls�wock asession~during , November 3Ath p P , � the week of �ecember 7, 1987. i ' 1 � . . 1 --._----�-^-..."""""""""_ . . . . i � ,. .:... . ..._.,; . . . . ,,.; .� _ •�- r . . �.:;,: -_....�.....�__ _ - �� . _ _ _.__ : - � - .- .. - - .___ __.,.,,� ,:,.--_-- __—_', __ �.__ .. --__ ��_ _ - . - _. . . �,. . . �. _ _ _ � �� . -._. �.. _ _ - - -.___ - .. - - .. . .:,� _ -- __ _ _..:___:_. _ _ _ .._ _ , _ - -_ � _` _ _.._.;_ - ._ , �. - -- ,�:,,� - -. __._ _ _ _ pg THB R$GIII.AR ORONO CODNCIL 1�TING SELD I�IOVEMBffit 23, 1987 I.14�OR' STOR$ CIASS OIIT R$PORT* --.. ::_. _ � -- - _-_.--_ , .. �.._ ..___ - -- It : was=jmoved°-� by� Counci lmember Sime, seconded by - - - Councilmember Callahan, to approve the close out of � � �-� �� =` =-- Liquor- Operatinq Fund - and--transf er. of cash and interest �.. _ _ ._ �`-' �=-�-----� receivable='�balances::to:- the=- General,-T Fund�. effective _ .,.d°. �.� :�:.�.,��.....,.�_,_., October;r31,��1987, in the amount of- $153,904.03. :. Motion, ' ' � ��.,- ; �. � - Ayes S; Na s 0. �' __ _ - - _ .. _ .. _ --- ,� -� _ . .� . - .�y -a � � - -_ � _-s.;. _..�.:��_ ..._ r . .�z�=_ �"Y �� "�".,� _ _ i �A�o�^= oRopo si�H scsooL�Foo�r.L �s�ri* �. c, :-� �- _ � '��- : . � eBsoLo�riox #2313 �-�s-..��.��. �.�:�:�� :�� ,�:� --= s ��::::� ,.-�_��: _ r --- _ . ---z--� --�• �=� It was ��moved-, by- Counci lmember� Sime,-� seconded - by �--=- ,. : ""-" ��""" � -` Counci lmember_ Ca l lahan;"_ that the City Counci l_� of the "� ::� City of- Orono adopt_: Resolution #2313 of Congratulations �. �s��. -� . commending the Orono High School Football Team for their .....�..� . -_: ---_ =� � ��` �' `" excellent- 1987 season:-" Motion;� Ayes 5;- Nays 0.��:-� w..:`-` ��M `� . _ ._:� . . _ ... _�_.-_ _�.... _ _... ._-- ---- .�. _ �- � . __ _ _ _ _. L988 HBALTB I�iSIIRANC$* = -.-: _ , - , �- It was moved by Councilmember Sime, seconded by - --��` '� "'=. Counci lmember Ca l lahan, that the Counci l f orma l l y withdraw from the participation in the County's health . and life plan and_ direct., staff to contract individually � with the� health insurance companies for 1988- and explore - the joint and individual options for health care _.__.. ._.. __. _. _ _. --- ,._: ... _ _ - - - _ coverage for 1989. Motion, Ayes 5, Nays 0. L988 STRATSGIC OHJSCTIVSS* � It was moved by Councilmember Sime, second�ed by Councilmember Callahan, the Council� acknowledges receipt of 1988 Strategic Short Term Objectives. Motion, Ayes 5, Nays 0. �T.. -.T.ATI OIli - DECB�IKSffit 2 8, 19 8 7 CODPCIL �E'rIHG , ;8T CO�NCIL WORR SB�SSION - W$$R OF DECBl�$R 7• 1987 _ _ It was moved by Mayor Grabek, seconded by Councilmember Sime, to establish a work session on December 7, 1987 at 5 : 30 P.M. to discuss comparable worth and space consultant progress. The Council additionally authorizes the City Treasurer to disburse City funds in payment of claims received for the December 28th Council meeting, which has been cancelled, and that such paid claims are� to be presented at the January 11, 1988 regular Council meeting for formal approval. Motion, r _ _� ._ Ayes 5, Nays 0. - . - _ _.._ _ ,,. . __ . 1D!lI�TIS7.'R�ITOR'S INFORIYIATION* _: _ _ It was moved by Councilmember Sime, seconded by , Councilmember Callahan, to accept City Administrator Bernhardson's Information Report regarding: 200 __ Hollander Road, 1160 North Arm Road, 3536 Lyric Avenue, _ 4635 Tonkaview, and Space Consultant Status. Motion, � Ayes 5, Nays 0. - - 21 i - - � � ��. `�. .'x , k � . 12987.5 . �� _ � .. , ..�.---�iA'f� . � TO: Mayor and City Council �� i�-',i tROM: Mark Aernhacdso�, City Administrato�l�� . F DATEz December 9. 1987 '., :: �' , ;- w; .i,�;� f SIIBJECT: Administrator's information � 2�0 HOLI.ANDER ROAD - On December 2nd Juc�ge P. Lindberq issued an oider that allowed the City to take down the barn on the Hollander property. The City is currently working to determine if the property owner is willinq to take it down noa that the =order has been issued. The Cfty will be obtaining quotes from a 'contractor to have the building removed and the property restored in a timely fashion subjec*. to assessment of all costs. '3536 LYRIC AVENUE - The City has issued letters and citations on `selecte7-vio3et3ons on the property. The. other problems on the property continue and the City is attempting to take appropriate 4 � actions. . 4635 TONKAVIEW - In an order dated Novembet 16, 1987 the Judge oi�eiec�that tTie pcoperty owner had unti 1 February 28, 1988 to � remove the propecty and if not so removed the City could then ;;, undertake removal and assess the costs against the property. (This property is Tract D in application A1226) COMP PLAN AMENDMENT #2 - As noted in the goal setting status the plan-was�received by Metropolitan Council on November 15, 1987. Ie a letter dated December 2, 1987 they have indicated that they vill be nndertaking the full 9�3 day review and will be cesponding to the City no later than February 15, 1989. LMCD EXECUTIVE DZRECTORSHIP - At the November 23, 1967 Council meet�ng JoEllen Hurr,� thP City's LMCD repcesentative, had indicated that there were two individuals wfio were to be interviewed by the LMCD Board at their meeting on December 9, 1987. Subsequent to that meeting one of the two i�dividuals that was qoing to be interviewed had withdrawn from the process. Given the fact that there was only going to be one interviewee a majority of the. Board members Eelt that there needed to be a � wider range to choose from and have decided to reopen applications and republish for applicants. Process timelines have not been established. ` 34A5 SHORELINE DRIVE - The gas station building has been i exteinaliy�nspected by the Building Inspector and he is � currently working with the property owner to establish an internal inspecLion to determine the structural inteqrity and security of the property. It is anticipated that this will take place in the next two weeks. Should there be problems aith the .strnctural integrity or access the City will then take any bppropriaie action up to and including hazardous building ,+ . 1 _ � - . t ,._ � - .. . _. _.., . - ; . n_. _. _ . . , ,. .. •:, ,_,. . ��: ;,..,, .. , ._.. � ._ , _ .,. .- .-. .. . _""'_" -'''z' :.�: "'_ .--. .._ 'z"__ -- - _..�__ . .-_- _._ _ ' _ ' ___ y �.,� _ _ _ �..� ._ �� .. _ . ,�... � , _ .. ,_:. - __ . . _ _ • . _ _ - �r 1KINOTES OF T� RBGDLAR OROHO COONCIL �ING �LD DBCB�SR 14, 1987 �. _ _._ . _ _._ -- -_n. -.� � . _ _�, __ .,,.. �.� - _.:_»- � IrlETRO-WASTS/CITY OF OROliO -* �__-.-,6;�.. - �.�__ -.._ } � _�- :_-�.�:-- r �. �_ `= �� -- - _ -� LSTTSR OF_ AGR�N'r �,� �,� �� .-� �:.-�._ � _- :�-- .-�.�� :��f�_ ��:�:�.�:��.. :�.�_ . _.�..�._ .�...1_. _r..,. �:'..-_ . ._._ , . _ _ _ _ _.' -. � i _""'-. . . . - I�z=was�mo�ved ` by_�_ Counci lmembe��Sime;=� seconded= by -- __ _-� Counci lmember Ca l lahan, that .the Counci 1 direct the City � - Administrator��"to�`transmit a letter" to ': Metro- Waste � - -- Control� regarding - the terms uner= which�� the Orono- - __,_. Minrietonka-interceptor construction has�been approved -�_ _ --- _. __� - - - sub ject- to other "appropriate---1and�=.use�control reviews. _ _ :_ ___ , -Motion, Ayes 5, Nays 0. �, - - ` ' _ - _ : _ . _.__ -. ,_ _ _ . ._�-- ___,. �_ :�� ._ - _. :�-- PART TIl� POLICS OFFICBR BMPIAYI�T* -- _— ' = It was - moved by Councilmember Sime; seconded by Councilmember Callahan, that the City hire Michael D. Carlson as a part time police _ officer commencing � -=- December 21, 1987 at $6.50 per hour for a period not to ''-=-`��'-�-��'=" �-:� - �`- exceed s ix months without f urther Counci 1 approva 1 or _ - -� unti l Of f icer Rirnyczuk either_.returns :.in, a� fu l l -.-� - capacity or staff requests authority to hire a fu11- time officer as a replacement for Officer. Rirnyczuk, further ��- - - � recommend- that 3 if� Mr. Carlson- is notf hired - that. the - Counail authorizes the hiring of Mr. Robert Olson. • ::'='. Motion, Ayes 5, Nays 0. Rssozo�rio�s oF x�o��ox -* BBSOLDTION #2327 - JA1�S MOROWCZYASRI - RBSOLDTIO�i #2328 - IRVING BNGLISH _ _..__.- -- ---._._-�.. _ ----- R$SOIATI08 #2329 - 1r1AR1C MORAH It was moved by Councilmember Sime, seconded by Councilmember Callahan, that Council adopt Resolutions #2327 - #2329 of Recognition to Officer James Morowszynski, Officer Irving (Chip) English, and Officer Mark Moran. Motion, Ayes 5, Nays 0. 1987 IHTBRFDND TRANSFSR AND LOA�i PAYI�NTS* • It was moved by Councilmember Sime, seconded by Counci lmember Ca 1 lahan, that the interf und operatinq . _ _ transfers, loan- payments and special assessments payments on City property be approved as proposed " � effective December 31, 1987. Motion, Ayes 5, Nays 0. _. . __ ADMIHISTRATOR'S II�IFORMATIOA* _ ___ � It was moved by Councilmember Sime, seconded by , Councilmember Callahan, to accept City Administrator Bernhardson's Information regarding: 200 Hollander Road, � 3536 Lyric Avenue, 4635 Tonkaview, Comp Plan Amendment #2, LMCD Executive Directorship, 3405 Shoreline Drive, Metro Goose Hunt, Baker Park Deer Hunt, and Goal Setting Status. Motion, Ayes 5, Nays 0. CITY AT'1'ORHBY'S RSPORT: City Attorney Blatz reported that Attorney Tom Barrett was successful in obtaining the order for removal of the Hollander barn hazardous building. 14 ,+' 4 i l � i . � �� - � • . # ��6��i�'��tG � Tp= Mayor and City Council �U� ; � 1?30 . pR0!!: Mark Bernhardson, City Administrator ��}�; �� i,„��,n : s�a DATS: Auqust 20. 1986 _ gQB�T�CT: Administrator's Information . ; ;�� . ?^� '��, � ,��,,��-�, � ; � �,�;�ric'�Avenue -��At�?your last meeting,�►a�neiqhbor =of 3536 Lyric Avenue i , *��expressed�-concerns reqarding the status of,-�that�property. Since 1983 the - :k� � ity�rhas�been `tryfng to deal wiCh �the:�problem.° Oriqinally, the City :�.,�commenced "hazardous buildinq proceedfnqs �on�_ the property but the current ��-,��..owner indicated that he� desired to f�ix it up. Permits were issued and y��because of the persons lack of other housinq a temporary Certificate of Occupancy was issued to that individual. The temporary C.O. aas contiqent �. �:_ upon completfon of several items. During the course of 84-85, these were not completed and the City issued taqs for failing to comply with the temporary C.O. orders. A formal complaint was finally issued in the spring of 1986. The formal complaint was subseqently dismissed by the judqe. The City is, however, aqain proceeding with the hazardous buildinq proceedinqs _ and additionally will be looking to revoke the temporary certfficate of occupancy and following up with appropriate enforcement action. It is the � staff's intent to work on this durinq the next month or two and will report back to you on the progress. Police Supervisory Selection - The Police Chief and myself will be sitting down with a consultant regardinq the results of the selection process the week of Auqust 25th. During these discussions we will focus on the tasks, title for the job ancl the most appropriate individuals to fil 1 those jobs. . We will probably set up intervfews with the top 3 to 4 candidates of the 8 who applied durinq the first two weeks in September. and brinqinq a recommendation back to the Council at its September 22, 1986 meetinq. � Com�le Worth - On Auqust '7th and 6th. I attended a seminar put on by the Metropolitan Area Managers Association as to the next steps in � implementation of comparable worth. The study that was done by Control '� Data was an internal equity study which constitutes one of the tao elements ' needed in determining comparable worth. The other portion of this is a market data study that few, if any, of us have focused on up uatil this point. This is critical as comparable worth is not strictly an fnternal . equity study. If it was, the City would be required to pay people strictly on the nnmber cf points they have without taking into accuunt market coaditions. This could well result in an 18 to 20 percent increase in personnel costs for the City which most probably aot appropriate nor in line with the comparable worth legislation. Durinq the next fea months, _ the staff will be working on deve lopinq its staff report and explorinq any adjustments that are appropriate at this time. The needed market data study, however, will take some tin�e to develop and will require probably two or three year period before it is "perfected". It will be an additional cost if the City's desires to subscribe. � ^� ,:� -- e � r 1KINIITSS OF THB REGDLAR ORONO CODI�ICIZ. �TING HEI.D ADGIIST 25, 1986 PART TII� HIRI�IG -� ROS$ BDRMASTSR It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to hire Rosemary Burmaster as a part-time employee at the Liquor Store at $4.75 per hour conunencing Saturday, August 16, 1986. Motion, Ayes 4, Nays 0. ffiGSWAY 12/�TILLOW* JOZ�iT RSSOLD?IO�i #2039 _ It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to ratify the Joint Resolution #2039 with Long Lake regarding Highway I2. Motion, Ayes 4, Nays 0. � ADMINISTRATOB'S IHFORMATIOW* It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to accept City Administrator Bernhardson's Information report regarding Lyric Avenue, Police Supervisory 3e lection, Comparable Worth, Quorum/Voting Rules, and Countryside Neighborhood. Motion, Ayes 4, Nays 0. CITY ATTORpSY'S R$PORT: City Attorney Thompson had nothinq to report. �CD?IV$ SBSSIOH No Executive Sessiqn was held. LICSBSSS* It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to approve the followinq Licenses: Firearm Ose Permit - Park Sportmen's Club One-Day Set-up Permit - Art Center of Minnesota Motion, Ayes 4, Nays 0. . BII.LS* It was moved by Councilmember Frahm, aeconded by Counci lmember Ca l lahan, to approve payment of the Al l Funds Accounts. Motion, Ayes 4, Nays 0. ADJO�IT 9:24 P.M. It was moved by Councilmember Frahm, seconded by Acting Mayor Adams, to adjourn the regular Council meetinq at 9:24 P.M. Motion, Ayes 4, Nays 0. . _ _ _ AT ST: - _ � l/ „ __ . ��- (,/��%C�!-tl,vL �� othy M. allin, City Clerk Tim Adams, Acting Mayor 13 1 � ^ �/- � =k �" ~��:�:i��G �,�t�.,��,�l. �� Str' 2: i?3u Tp. Mayor and City Council �'�� r+ ��"•�'�"� . .-�l. � � k Sernhardson, City Admi�istrato � pRprts Mar � DA?S: September 18, 1986 SOBJBCT: Administrators InEormation :. �; Henne in Count Rec lin Ordinance - In August, Commissioner Mark � `,;ti� �_,�; <; An rews introduced an or inance requiring that`each community �: recyle approximately 168 of its solid waste. A number of r , :communities in the metro area, particularly where densities are � ` •higher.°`�have been doiag pi lot recyling ;programs for_;the tpast few ` � :; years. ' At present, this ordinance is on 'ho:ld as�'there were _. several objections to its implementation. The 'basic approach of .the osdinance;�,is, one of enforcementri and at: least some of the "},� =commissioners��have =`said they would 'rathet�work 'with a carrot �'��' "rather than� a`stick. In the meantime, Orono'has been working �!:, r*�; =aith Medina and a couple of other�communities to see w at we can � ' do to develop a program in advance of such a ordinance or other regulations related to solid waste. Additionally, it is noted that Minnestrista and Mound have been working on some type of joint prcgram. 3536 Lyric Avenue - The City has communicated with the property owner at that address to indicate that Hazardous Building proceedings will be again commenced or► that structure and that the Temporary Certi.ficate of Occupancy will be revoked subject to a hearing, should that person request it. if the Temporary Certificate of Occupancy is no longer valid, then the City can issue tickets for violation of living in a structure and utilization of a structure that doesn't have a Certificate of Occupancy. . -Medina Police Services - The City of Medina currently hThey ' pol ce o cers, down from its original compliment of 5. are currently exploring alternatives to their own police department and have contacted West Hennepfn Safety, Hennepin County Sheriff and the City of Orono. The City is presently � explorinq whether the dollar and services involved and will be � assessing the interest and need of Medina. Should there be an interest on the part of Medina, staff will report back to the Orono Council in order to determine if the Council would formally like to extend such service. , � ..�: _ . _ �,�; _� � ' r ., ,► MINQTBS OF THE REGDI.AR ORONO COONCII. 1�E'rING H�D SE�PTF�B�R 22, 1986 Dffi,INQIIEbiT SBPTIC INSPECTIO�i ACCODNTS* RESOLDTIOH #2054 It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to adopt Resolution #2054 providing for the collection of delinquent 1986 annual service charges for the on-site sewage treatment inspection program. Motion, Ayes 3, Nays 0. APPOI�1'II�IT OF EI.BCTION JDDGSS FOR GffiJBRAL EL$CTIOH* R$SOLDTIOI� #2055 It was moved by Acting Mayor Adams, seconded by � Councilmember Frahm, to adopt Resolution #2055 appointing election judges for the General election to be held on November 4, 1986. Motion, Ayes 3, Nays 0. POLIGS SDPERVISORY APPOINTI�NT* It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, that the Orono Council approves the City Administrator's recommendation appointing Gary � Cheswick and Kurt Erickson to the newly established position of Lieutenant, deleting the positions of Sergeant and Assistant Chief. The promotions are - effective October 1, 1986 at a salary level of $2896.00 per month. Motion, Ayes 3, Nays 0. � PRIMARY BLECTIO�T RSSDLTS* It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to acknowledge the information and results of the September 9, 1986 primary election as presented by staff. Motion, Ayes 3, Nays 0. _ , FALL CI.BA�iOP - OCTOSSR 128, 1986* It was moved by Acting Mayor Adams, seconded by - Councilmember Frahm, to accept October 18, 1986 as the . fall clean-up day for the City of Orono and direct appropriate notice be gi ven to residents. Motion, Ayes 3, Nays 0. .ADMI�iISTRATOR'S IHFOR�lATION* .__ . It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to accept City Administrator � � Bernhardson's Information report reqarding: Hennepin County Recycling Ordinance. -3536 Lyric Avenue�� and Medina Police Services. Motion, Ayes 3, Nays 0. FWBI ASSSSSI+�iT* . . _ . ._._ --. :. - -- , ._ _ .__. - .-. -- - _:_ RBSOLDTIOH #2056 : . It was moved by Acting Mayor Adams, seconded by . .��- -__.. .--- -------=-- Councilmember Frahm, to adopt Resolution #2056. amending � � � sanitary sewer special assessments on Freshwater - Biological Institute Foundation for principal amounts previously paid. Motion, Ayes 3, Nays 0. 12 :;M, :,� 1 • 10286.2 .J� ^�C ,`,�� M��` ��p�� . . ��•a�itft� ?s!�•a � � TO: Mayor and C i ty Counc i 1 ��1 1 v 'w?" � IV�rO FROM: Mark Bernhardson, City Administrator�� va'~'� ."��'.�' ►'�1'fr`J,r� DATS: October 2, 1986 �� SUBJECT: 3536 Lyric Avenue - Hazardous Suildings Proceedings R �Attached please find a copy of the resolution� as to hazardous - �buildings proceedings against the above listed property. These ,�proceedings relate principally to the foundation and footings of - the building which the current occupant. had agreed to correct in ' ; ` `�exchange fur temporary certificate of occupancy =and has not so �accomplished. � . , . , zn .ad.dition the City has offered the property owaer the � opportunity to request a hearing in order to provide the owner ample due process of revocation of his temporary certificate of occupancy. If the City revokes such a certificate of occupancy • the City can then issue tag violation should the person continue to reside in the property, until such time as the appropriate items have been corrected. Zt is estimated that the hearing � proceedings would cost the City up to 5500, but that such a proceeding is money well worth it to correct the bad situation that has not been brought to a successful conclusion for the past three years. This "additional "due process is recommended by the City Attorney since revocation of the permit entails a "property right". PROPOSED MOTION - t�:oved by _, seconded by , that Orono City Council adopt resolution # comencing hazardous building proceedings against the property at 353G Lyric Avenue and additionally authorizes staff to establish the requested hearing in the matter of a revocation of temporary certificar.e of occupancy. Ayes _, Nays _. . 1 . _.. . , ._ _ _ _ , � - .�. _ - .,� _, _ :�7 � � � _ . . . _� : �_;. � . � � .. ' � � . � . . . .-.... . . � . yy-y� �\��+� � c�ty of oR,oNo -=, ,�� .`'1,��'ly V;��L' ' . :'�^i,��'� .t �� .�� RESOLUTION OF THE CITY COUNCIL ��=�� NO. � �'� . . Y-.y . . ,�- q �7 A RBSOLOTION ORDffitING �TSMffi�lT OF EAZARDOUS BIIILDING ACTION AT 3536 LYRIC AVBN08, ORONO " WHEREAS, the City of Orono is a municipal corporation '.-�� - - organized aad existinq under the laws oE the State of Minnesota; and - ; .� ;,� wHEREAB, Richard Bown�an Gilmore,";xichard Robert 6ilmore, ' r ltary Ellen Antbony and Audry S. 'Gilmore are�'tbe'oraers and Charles � '� Leria Aesfke haa an interFst in the propertp Iocated at 3536 Lpric � Avenue, Orono, Minnesota, herein referred to as "the property", and - ��f�.- >. , �. , ..,�, �, legal ly;-described as follows �� .-.,+�� y� � �� ' , . f . �: . .. . {..''Y. . . . . . � �"�� Lots 19 . & 20, Block 4, :"Navarre Heiqhts", Hennepin County, • ;� Minnesota .(P.I:D.. 17-117-23' 43 0056) ; and � WBBRBAS, the City Council of the City of Orono, havinq duly considered the matter pursuant to Minnesota Statutes Sections 463.15 to 463.261, hereby finds that the above described property is ' uninhabitable and contains unsanitary and hazardous conditions which constitute a public nuisance and which makes this property hazardous to the public health, safety and aelfare based on the followinq ffndings: 1. Over two layers of roofinq; 2. Improper footinqs - concrete block stacked without mortar -. . improper depth; 3. Buildinq is in a state of deterioration and dilapidation. thus it is a safety and health hazard pursuant to Minaesota State Buildinq Code/Uniform Building Code, Section 203. 4. Orders to remove or repair the structure were issued by the Buildinq Official on February 19, 1985 and September 10, 1986. These orders have not been complied with. 1�OW, T�REPORB, BII IT RBSOLV$D a s f o l l ows: " 1. That the City Counci l of the Ci•�y of Orono, pursuant to the foregoing findings and fn accordance with Minnesota Statutes Sections 463.15 to 463.261 hereby orders the owner(s) of the property to raze or repair the structure on the property. The Council further orders that all personal property or fixtures that may unreasonably interfere with the razinq or repair be . removed within twenty (20) days of the service of this order or the City of Orono may remove such persoaal property or fixtures. All costs incurred shall be charqed to the property owner(s) in : accozdance With the law. - Paqe 1 of 2 � _ :,,.,_ _�,;.-. .. . , .._: .... . .�..., . :_ < . - . - . : : . ., ::• :.-. : .�.,...: . . ., ; , u�.:. _ . .�._ :_._:..� _ _ .- _-__.__ n ... .... _. .. _,__.w��._.._.� �. � � , ' � �.-�� , c�ty of oR,oNo � ; � `�� ;,. s''� ' RESOlUT10N OF THE CITY COUNCiI , �� NO. �• -'• o .�� ,�. � 2. The City Coun�il of the City of Orono lurther orders that " �� uniesa this corrective action ia tiaken or an answer is served - � ` upon the City of Orono and filed in the office of the Clerk of �,�°: t.�,�District Court of 8enaepin County, Minnesota,r within tWentp (20) i� �'�� days from the date of the service of `this order, a metion for � � summar enforcement f �� . y o this order will be made at Diatrict Court :. ; of gennepin County. .� ,� - .�-- . .` -� y'�'�kL, � �-.• a .ss, .. .. _ y.: ;,s t� �>3 � • ':::�; . ��_ -.�� : :. � ��":1 � �;�` 3. That the City Council of the City of Orono further orders � ��_; � that if the City is compel led to take corrective actioa herein all necessary costs expended by the City will be assessed aqainst the real estate concerned and collected in accor8ance With Minnesota Statute, Section 463.22. 4. That the City Counc�l of the Cfty of Orono hereby suthorizes and directs the Mayor, City Clerk, City Attorney, and other '�y officers and employees of the City to take such action, prepare, .�;:°; sign and serve such papers as are necessary to comply with this �= Order and to assess the cost thereof aqainst the real estate • ��Y described above for collectfon alonq with taxes. :r;;� Adopted by the City Council of the City of Orono, Minnesota, r::w:. this 13th day vf October, 1986. APPROVED: rz Mary C. But er, Mayor ATTEST: Dorothy M. Hallin, C ty Clerk �' �: F_ � Paqe 2 of 2 . . , :. _ . .. .. . . .: _ _ .. ..,; . ... _� . � , . .� . � . . - . - „ , . . _ . .. ,. .;.. . .... ..w- _ . .. . Y', - _ . _ �..._. , __ __ .. . _. _. .--- � . _ _ ._ .._ .. � _�_ _, . ,... _ . . ___. _-_ -- -,V�. --- - _ _ .. - - � =�9"'�a. "T`'��.' ,,;'�' — ---..�,-----.• . -, .,�...,.,,,�,,,�.......,� w..._.,,.._ .,_.----�—,...�. �.,..._.. ' . ,�.�.,,. , . , MINUTES OF T HE REGULAR ORONO COUNCIL MEETZI�G flELD AUGUST 12. 1985. PAGE 1�"3 PUBLIC AIICTION* AIIGIIST 17 , 1985 seconded bY 10-00 A.M. It was moved by Councilmember Adams, ' rove the public auction to be held Councilmember Frahm, to app Au ust 17 'AyesS(3 )t at 1285 S°ut e B staf f ' sa recommendati n. Motion, . 10 :00 A.M. p Nays (0) - Councilmember Adams, seconded bY PAY TELEPHONE DONATION� • moved bY a Pay It was to accept the donation of Councilmember Frahm, Chief Kilbo in his memo dated telephone as requested bY es (3 ) , Nays (0 ) . August 6, 1985 . Motion, AY T��gp�gy ApPOINTMENT* Adams, seconded �• bY pATROL OFFICE� Zt was moved by Councilmember a ointment of Councilmember Frahm, to approve the temporary PP City � a patrol officer as recomm memo aat a A gu t 9 ,n 1985 - p,dministrat or Bernhards on Na s (0 ) . • on p,yes (3 ) . Y Moti . • b * se conded Y � TION ber Adams, ADMINISTRATOR S INF�RMA Councilmem Administrator It was moved bY to accept City Councilmember Frahm► ort regarding: 2695 Casco Bernhardson' s Information SeWer-Change Order, Charles Point Rd. , Crystal Bay stal Bay Road Report, 130 Cygnet Henke,3536 Lyric Avenue, Cry 12 Corridor, Krutzig ProPerty-Bohn' s Point• HLake-Medina Sewer, Place, VoTech, Orono-Long Hennepin County gardcover, and Riparian Access. Appraiser, Rovegno Fence, Motion, Ayes (3 ) , Nays (0 ) • CITY ATTORNEY�S REpORT: Kathleen Blatz updated the Council on the CRYSTAL BAY APPEALS STAT[TS City Attorney Appeals. She stated that the status of the Crystal BaY ecial assessment property owners requested that the sp der. Attorney Blatz stated a appeals cases be consoli s�e� orlch was denied because n ed recent judicial block sy be cha g oint the denial to consolidate may arty to be that at this P e has requested a brief f rom each p and that the Judg S and a decision will be made at that submitted within 30 day . time. ENFORCEI�NT �F �CD �GII�TI�ne glatz submitted a memo dated Augu n er�ation City Attor y re arding Enforcement of Lake rtinnet us ed this matter g District Regulations. The Council isc ' and no action was taken at th�s tlme, brief ly .j`, ��i . . . _. �.,.. e 1 • ' 10286.2 .�� _ y;°�:�E:n�� :si�"�� ,t�t ,,, ; TO: Mayor and C i ty Counc i 1 ��1 1� 1��0 F1tOM: Mark Bernhardson, City Administrator�� „5�� 1 v'�: � �i ��}��fr�.3 . �., DATS: October 2, 1986 SUBJECT: 3536 Lyric Avenue - Hazardous Buildings Proceedings �Attached please find a copy of the resolution as to hazardous - ibuildings proceedings against the above listed property. These ,�proceedings relate principally to the foundation and footings of . , -�the building which the current occupant. had aqreed to correct in ' exchange fur temporary certificate .of occupancy =and has not so � �accomplished. • � . In ad.dition the City has offered the property owner the � opportunity to request a hearing in order to provide the owner ample Cue process of revocation of his temporary certificate of occupancy. If the City revokes such a certificate of occupancy � the City can then issue tag violation should the person continue to reside in the property, until such time as the appropriate items have been corrected. It is estimated that the hearing proceedings would cost the City up to $5��, but that such a proceeding is money well wortt� it to correct the bad situation - that has not been brought to a successful conclusion for the past three years. This "additional "due process is recommended by the City Attorney since revocation of the pecmit entails a "property right". PROPOSED MOTION - t4oved by _, seconded by , that Orono City Council adopt resolution # comencing hazardous building proceedings against the property at 353G Lyric Avenue and additionally authocizes staff to establish the requested hearing in the matter of a revocation of temporary certificate of occupancy. Ayes _, Nays _. . , 1 . . _ _ .. .. .. ...., . . . :.,.. . ,- _ . ..... _,. .... . � .. . ,. . ,. . .._..�, . _ . ' � . . . ` ' of ORONO ��`` City . . , ,:;,� _��;,,��.�� '��`�'�� RESOlUTION OF THE CITY COUNCIL �� NO. � ., ,; �,:,i .�o - � �'o A RBSOL�TION ORDffitING AB�TSI�IBN'1' OF EAZARDO�S BQILDING ACTION AT _ 3536 LYRIC AVSN08, ORONO " - WHEREAS, the City of Orono is a municipal corporation .< = organized and existinq under the laws of the State of Minnesotat and :� ;�,: wHEREAB, Richard Bowman Gilmore, �:xichard Robert 6iimoze� � � r ��l�ary E1Ien Antbony and Audry S. `Gilmore`are"the''ovaers and Charles ' LeWis Renke haa an interest fn the propertp located at 3536 Lpric >_ .Avenue, Orono, Minnesota, herein referred_to as "the property", and �` `leqally�described °as follows ;� �� -�� - � '��' .'�`�`� r - ��~�`' � Lots 19 . & 20, Block 4, :"Navarre Heights", 8ennepin County, • ; Minnesota .(P.I.D.. 17-117-23' 43 0056) ; and � Wg$R$AS, the City Council of the City of Orono, havinq duly considered the matter pursuant to Minnesota Statutes Sections 463.15 to 463.261, hereby finds that the abave described property is ' uninhabitable and contains unsanitary and hazardous conditions which constitute a public nuisance and which makes this property hazardous to the public health, safety and aelfare based on the followinq findings: 1. Over two layers of roofinq; 2. Improper footinqs - concrete block stacked without mortar -. improper depth; 3. Buildinq is in a state of deterioration and dilapidation, thus it is a safety and health hazard pursuant to Minnesota�State Building Code/Uniform Building Code, Section 203. 4. Orders to remove or repair the structure were issued by the . Buildinq Official on February 19, 1985 and September 10. 1986. These orders have not been complied with. pOW, T�ItEPORB, BB IT RESOLVSD as follows: " 1. That the City Counci l of the Ci•�y of Orono, pursuant to the foregoinq findings and in accordance with Minnesota Statutes Sectioas 463.15 to 463.261 hereby orders the owaer(s) of the property to raze or repair the structure on the property. The Council further orders that all personal property or fixtures that may unreasonably interfere with the razinq or repair be . removed within twenty (20) days of the service of this order or the City of Orono may remove such personal property or fixtures. ` All costs incurred shall be charqed to the property owner(s) in accordance with the law. - -- ` Paqe 1 of 2 . _ � .,, : . ,, .. .... .....:, . .. - - _ _. ,. . �.,,, :_ . . ._: _ . �_ . ,..-.:. : �- �- _ . ._, , . _,�._-.� �> .,, . . -._:. �_ ; . .. ::_.. .::__.�..__.__._ _ �_ - ._-- --_��.._ . . _._..��,.. ..,.. ... _ .� _,_.��.�__._,_ .. , :. .: �.�. . , �• � � � , . �:��°� c�t of oR,oNo . . }�:�. y ��`' �''� � RESOWTION OF THE CITY COUNCII - , _..� NO. +• •'• o .,�� : Z. The City Countil of the City of Orono turther orders that � unless thia corrective action is taken or an answer is served �� upon the City of Orono and filed in the office of the Clerk of ;° �,�� ,�.,�District Court of 8ennepin County, Minnesota,t within tWentp (20) � � , ,,�:-days !'rom the date of the service of`this order, a motion for summary enforcement of this order Will be made at District Court : of Hennepin County . #�-. �,t �;Y �� • > a hu; ' , �' :�• �� *� '� �;}'J��"' :'i: }�^; ` �;, 3. �That�,the City� Council 'of the City of Orono further orders i ��_�� - that if the City is compel led to take corrective actfoa herein � ' all necessary costs expended by the City wil2 be assesse8 aqainst the real estate concerned and collected in accordance Mith Minnesota Statute, Section 463.22. 4. That the City Council of the City of Orono hereby suthorizes and directs the Mayor, City Clerk, City Attoraey, and other officers and employees of the City to take such action. prepare. siqn and serve such papers as are necessary to comply �ith this Order and to assess the cost thereof against th� real estate • described above for collection along with taxes. Adcpted by the City Council of the City of Orono, Minnesota, this 13th day of October, 1986. APPROVED: Mary C. But er, Msyor ATTEST: Dorothy M. 8allin, C ty Clerk �• Page 2 of 2 .:.. :, .._� , ,-.. _ , .., _ _: _ - - .. .. . •-- « 3 ,. . ,. .. . . . . . _ ,. . ..... . .. � . r. ,.. . , �-: . � _. . - . . _ , - .... .. ...,. .. _ ,. . - _ y _ . _ . , �� :� 1KINQTBS OF THE REGDLAR ORONO COONCII. MEBTING HELD OCTOBER 13, 1986 �� ANIIrlAL CONTROL CONTRACT* It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to terminate the contract with Linda Radlec effective September 19, 1986 and enter into a contract with Mr. Gary Freeze to provide services through December 31, 1986 within budgeted amounts. Additionally staff is instructed to work to negotiate services for the contract year 1987. Motion, Ayes 3, Nays 0. HOWARD HOLL, 2445 WOODHAV$N DRIV$* RESOLDTION OF DENIAL #2066 It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to adopt Resolution #2066 denying connection to municipal sewer for property located at 2445 Woodhaven Drive. Motion, Ayes 3, Nays 0. CDBG YSAR %II FQNDS AISAC�iTION* It was moved by Councilmember Frahm, seconded by Councilmember Callahan, that the Orono City Council allocate the $4,061 of Year XII in restored funds to its Year X Rehabilitation Grant Program from which it had . previously reallocated $3,877. Motion, Ayes 3, Nays 0. 1986 ADDITOR APPOIHTl�NT* It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to appoint Pannel Rerr Forster as the audit firm to perform the required audits for the 1986 fiscal year at an estimated cost of $12,100 plus �direct expenses. Motion, Ayes 3, Nays 0. 3536 LYRIC AV$NQ8 - HAZARDODS BIIILDIHG PROC�DI1'�GS* RRSOLDTIOH #2067 • It was moved by Councilmember Frahm, seconded by Councilmember Callahan, that Orono City Council adopt Resolution �2067 commencing hazardous building proceedings against the property located at 3536 Lyric Avenue and additionally suthorizes staff to establish the requested hearing in the matter of a revocation of temporary certificate of occupancy. Motion, Ayes 3, Nays 0. ADMINIS'1'RATOR'S IIiTFORIrlATIOH* _ It was moved by Councilmember Frahm, secbnded by Councilmember Callahan, . to acknowledge City � Administrator Bernhardson's Information report - reqarding: Heward Hull Request for Sewer Service Liability, County 19 Speed Request, Olrich Property/DNR -- Permit, Crystal Bay Sewer Project, - County Road 15 - - Status, Administrator Goal Setting, 1987 Final Budget - � Document, and Chapman - Riparian Easement. Motion, Ayes 3, Nays 0. 16 - .. ..,.�-----. ___ ._. ._. _ . , , � . 4� Q `:. ) , _ y�i,%ii��;' t�..- w' lS::s,� /� TOs Mayor and C i ty Counc i 1 -, ~�j�Q ' - .. - lROMs Mark Bernhardson, City Administrato�,�� r�U 1� 1��j . °�►:a: �►�9�se 9, i9as �1�,�T �r ,�&+:��,� ; 30HJ6CT: 1ldministrators Information :s,. ., Z�.� : . a . _ ° �' 2695 CASCO POINT R01►0 - Attached please find a letter to Mrs. , .-, ` . 8etty Hunt, one o�tFie neighbors regatdinq the status on the ` � ' _ � ` � r � ` house. 11e have attempted to work with the. financ og "agent ` » > tosclosiag on the property to altemp� to promote co�struction, �'�towtv�s tbey:have indicated they;do;not�lee�1 �i�'appropriate to '� �nd��tske'svch�measures untilYsuch�;time'as'��hey"physically own -�_ ..the `ProQertY• , - .;'. �z- : - �. .:� '�:' - � ��CRYSTIIL�B11Y .SEMiER - pCA did .grent:� the�'petal3t��fo��they�the sewer at �nc�v� a stipulatio� ehat�`we hav� �to do a mi�i�num of an ;�, -snnua1 �aainteoance on the sections of the pipe unti l an `� �;;;�eppsoptiste matntenance achedule can be established. We do not ;.. sae this aa problematic and will wotk to establiah an apptcopriate z: achedule as soon aa the sewer is in place. ;; � CNJIRLSS HENKE 3536 LYR:C AVENUE -• The staff has forwarded � n�format�onal �a to the attorney who will turn those :F infosmalioeal items over to Courts so that a trial date ca� be � �; set seqardfng the matter. To date nothing has been done by Mr. " .; : Henke and it ia appropriate that it should qo to trial. ;� '3, E CRYSTAL BAY ROAD - Mr Karl Johnson Kill be coming to the Plan�ing .� onan saion to have an amendment granted to his oriqinal variance in Auqust. Dick Carl is reviewing the mattec of hardcover and ' shed on railroad propecty with his attorney and will be filing � _ � for a variance on his hardcover. Mr. Jerry Nheeler has indicated a hi� willingnesa to apply for the variance for hardcover, however , ,� he felt he had an indicat�on from Council that he should put his - variaoce request i� abeyancP unti 1 such time as the City had an ; opportuntty to revicw the hardcover issue. Our initial review of s the minutea has not found such an indication, but we will be � exploring it further �nd if appropriate action is needed we will * bcing it beck to yo�t on August 26th, which will be a timely � eeouqh fashion so that if need be, he can be on the September _z� Pla�ning agenda. ,;: � 130 CYGNET PL110E - The trial date for the tag that was issued � w��on-Sep—tember 3rd end the neighbors are aware of that. �:. _ ,.�. } KROTZIG PROPERTY - BOHN'S POINT - In addition to the Parade of -'�: Nomes ther- e`are two other ssurs that have been worked on relatinq to the property. The first is regardinq thp landscaping ,� and dtainage that•s been done to the property. The fill that was ',. :. put in the 0-75 tpet has been removed, however the property owner � ;�:,.��;: 9� is using boulders in order to stablize the bank in the 75-250. . � Additionally dcainage will b� direrted down the sides of the ., _ . � . ,., . _ . , ... _ . , 1 ',: � , A, .. . . . -.. �. .. .::. �.. _._.•... ^.:.:.'.�.. ...iw. ��.�;a� ..�...�. f . .,�_ ....�¢. .:+�- .....�.-Y4 .-;G'.., i y':-X:. 1a , + • . Y. . ,... � .. .. . � .�: _v ��i . . .... ... .. ♦ . ..� . . � . . . . .. . � . - . � .. . . . . w w_'.'�_. . •.�2: +.. yY+ .. . . ... . . . . '-i�:: - ...�... .. . , .. . . ,. . . . '. . � . . �'�'� 1�IINUTES OF THE REGDLAR ORONO COUNCIL MEETING HELD AQGIIST 12, 1985. PAG$ 1� PUBLIC AQCTION* AQGIIST 17, 1985 10:00 A.M. It was moved by Councilmember Adams, seconded by Councilmember Frahm, to approve the public auction to be held � at 1285 South Brown Road on Saturday, August 17, 1985, at - 10:00 A.M. per staff's recommendation. Motion, Ayes (3 ) , Nays (0 ) . PAY TELEPHONE DONATION* It was moved by Councilmember Adams, seconded by Councilmember Frahm, to accept the donation of a pay telephone as requested by Chief Rilbo in his memo dated � August 6, 1985. Motion, Ayes (3) , Nays (0) . TEMPORARY APPOINTI��iJT* PATROL OFFICER It was moved by Councilmember Adams, seconded •. by Councilmember Frahm, to approve the temporary appointment of a patrol officer as recommended and outlined in City Administrator Bernhardson's memo dated August 9, 1985. Motion, Ayes (3) , Nays (0 ) . ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Adams, seconded by Councilmember Frahm, to accept City Administrator Bernhardson's Information report regarding: 2695 Casco Point Rd. , Crystal Bay Sewer-Change Order, Charles Henke,3536 Lyric Avenue, Crystal Bay Road Report, 130 Cygnet Place, Rrutzig Property-Bohn's Point, 8ighway 12 Corridor, Hennepin County VoTech, Orono-Long Lake-Medina Sewer, Appraiser, Rovegno Fence, Hardcover, and Riparian Access. Motion, Ayes (3) , Nays (0) . CITY A7.'TORNEY'S REPORT: QtYSTAL BAY APPEALS STATQS City Attorney Kathl�en Blatz updated the Council on the status of the Crystal Bay Appeals. She stated that the property owners requested that the special assessment appeals cases be consolidated which was denied because of a recent judicial block system order. Attorney Blatz stated that at this point the denial to consolidate may be changed and that the Judge has requested a brief from each party to be submitted within 30 days, and a decision will be made at that time. BNFORCEI�I'P OF I�MCD REGII?�ATIONS City Attorney Blatz submitted a memo dated August 12, 1985 regarding Enforcement of Lake Minnetonka Conservation District Regulations. The Council discussed this matter brief ly and no action was taken at this time. MM►"i, r _ .. . � � _ ��. .� �M , o . - .�x: : ;� . c�� s ��Y _ :� : _ �UL 2.. �.,as :,•� . � � .� ��: . . - ;� � Tp= Mazk Hernhardson, Cfty Adminfstrator C� �� ;�� , . . r ::�,,,;. fROM: Jeanne A. Mabusth, Zoninq .Admini�trator � � M��tp., . . �� . DATLs . July 18, 1985 ` ,,..: • , StTBJECTs Status report on property located at 3536 Lyric Avenue .,- 3` ', {y�^ ormer Chasl�s Henke �` �: I � r •�•.}X c# :�': _ . -.. :. •.: � ` 1,, y x�,�,�"��+LI,�I � � � �..; � .. . _ ..- � _ � . x y.t t.e �y � �: , st. '� � �Ct � s��s, eted �on�July��iB.,�,�i985':.. Tgta�f�' �o� � at�'the- > a,_ y� _ . . P�_. <` � ��air�s • '�it�"wss last'year� :, nc Ynar►_�roo � .:� u�da. ,, .= �'. .. . , d �aCk�ilines^pap�� _ n , . o . s�sddilC�o.. . � �t �:� �1��. � �' ~b , �- -.� - �Y 3+. �a ' �t the,�;��: , . adi :, :�. ..: uly 23 :,� . ` - e Heake >� �; _ 'C � 3, �fi�y�r �. " f �. ., ,�,,,�� . k � ' �. . . . ... ' a ' 'ux' r i l Y�M' Y��,'`f "4�� ,�� .�.,±.. ' .� � ', ... �.° ��' . �...: . .... .. . . . s .. t .. ,a Ct y{-��,'� .. � ..... . Y . . '.` �t . ' S '� ��t� .. .. � ._ . . . - y AS q i C�./°aryA`i'�t"�.. - . . � . . - .l. o"y '. .. ' � . . � . � . . � `t� :, t,.,Y;�+��a` _ '� a } ,.c�>`�+x - ' � . � � � - . r - ;fi"; �. � , . .. . . . .. . ' . wi!a. �. .. . �.. . . . . . . . ,.'S�� . . � . ' . . . . .. . . - .,�.^ Tu: Mayor and City Council - .. � � ; F � : " `��, � �+�y � � ' FROMr "_ Mark Bernhardaon, City Administrato ,l• � : � � ,� . . - -_ . �'� t�,;� � _ _ . _ �;�� . , .. � . . .. _ : , . _ .. . ' , , . :. ,. ; . .. � .�� ,�� . . ,. .. , .:: - -� -� �..�s . - '.. _.Stslf w�ll work with �City Attorney to expedite the matter _ '' �``� . . . . f,.. � , « - :- , .. . . . .. wt t!f tbe conr t. . : , , . _ ;, , �t , . `�� , _. _ >� :, � . . ��•�.,: �,�- . .... � . . . ,. = n.�: . .. . .. � . . � � . � . �. .. . .. ." � . ., . . . � . . .. ��s��. . . . . .. t:�'. . � . . _ . y .,.�'ya�';7�' . . .. "__ �`.tj'y,�. � . .. . . .. : . � ... . . . . . . .. ._ '. ' : ^ 4..��. .. .. . ._ _. . . ... .. . . . . _ , . - "� �> ,.: �,:.;, • - ,, .• ,.,�-. . . . ;��Y �.x:� , #' �.. :, .. , , , , ri . .„,. ., , �.. - __ _ , _: _ .. �,�,..�� , , �,s, ,�6.�:• �� , . ' . ... � f } ��e" +a�._.� J �'`~ � . . .� �. . �F ,4-. ,8r.�� , 1 N 'win�n t ' . +:� c✓ WK � ��f'y�N� 24�ti @ ) � �� ., '.::t - .�. „Yti 4"Ir ..iYi.....fY..Na�eW�tl.A'Ylf�i�Y"tlNV 'C„"��J�� t 1 ..� i �. . . . ' ... . ,se. .aru :..h. �. ; _ y, .•if ..:x . « I��a- t __ .,�_; .��. _. .....� ".r _ �. .... . .. . . .� . .,. y y . . . �. -, � . . . . .'.' . ..� . . .: ... . .. . ... ."� .'. �•' . �- � . � . . . �. . . :.. .. . �.. . ...:. ... ' ' , , � . . ` ` . . . . . . ., ,.. . - . ._ .. M1 , � . ^ � � Y � , I MINUTES OF THE REGIILAR ORONO COONCIL MEETING HELD JULY 22, 19 8 5. PAGE 9 BIG ZSLAND VETERAN'S CA1� - . ' Per City Administrator Bernhardson's recommendation, it was moved by Councilmember Grabek, seconded by Councilmember ' Frahm, to continue this matter until the August 12th council meeting. Motion, (Ayes (5) , Nays (0 ) . . ADMINISTRATOR'S GOAL SBTTING* It was moved by Mayor Butler, seconded by Councilmember , Frahm, to accept City Administrator Bernhardson's memo regarding goal setting. Motion, Ayes (5) , Nays (03 . . DBSIGNATSD SIGNATORE FOR P.O.S.T.* REIl�lBIIRSEl1ffiriT FORMS � . _ RESOLIITION #18�9 - � � It was moved by Mayor Butler, seconded by Councilmember Frahm, to adopt Resolution �1819 Designating signatures for � the Minnesota Board of Peace Officer Standards and Training Disbursement Money. Motiori, Ayes (5) , Nays (0 ) . ORDINANCE A1�NDING -* � - SPRZNRI�R FEBS . � It was moved by Mayor Butler, seconded by Councilmem�er Frahm, to accept City Administrator Bernhardson's recommended revision to the fee schedule to be incorporated as a ordinance amendment to Ordinance 10 of the Second Series . � entitled 1985 Fee Schedules. Motion, Ayes (5 ) , Nays (0 ) . .: NORTS SHORE DRIVE* • PARRING STATQS � It was moved by Mayor. Butler, seconded by Councilmember Frahm, to accept City Administrator Bernhardson's status '" - t : report on the North Shore Drive Parking. Motion, Ayes (5) , ' Nays (0) . 1986•BUDGET* It was moved by Mayor Butler, seconded by Councilmember Frahm, to accept the 1986Budget Work Plaa memo as submitted. Motion, ' Ayes (5) , Nays (0) . � ['TrART.FS $EI�jRE* :-- _:.: . .. 3536 I.YRIC AVSNII$ . _ ._ .. STRTQS REPORT . . ,. __. _._. - � - It was moved by Mayor �Butler, seconded by Councilmember �_=- - � - --- - :-= : Frahm, to 'accept the status report on property located at --- 3536 Lyric Avenue owned by �Charles Henke as submitted. _. Motion, Ayes (5) . Nays (0) . _ . = -- :_ - -��--... ._ �. : . _ _ - ___ - - -- _ -- _._ _ - -. :. :. � . _ _ .. _ _ . : .__ ._ . :. . ._._..�_..---- ------_ ._ _ . �. _ _� _ :.. �-_-- .�..-:, . . _ _� _... _� _ ..-�.,�-�------� . . : --:BASBL�iTS TO...DATS* - � •--- -- --_- . . _ _: -.. __=- --: _ _ � -. : ..._. . .-_ . _..- -•- -• __. _ - - - . .�: -._ ,,: .,_-_.� .,,�...._:.._.__. .y: There were no easements to date. _ _r .� �____ ___.. _ _ ..._ -- --� . .. , _�:�._..-_ � --- - .:.r. .._._� _ _. . _ n. �_ _P1�iR�T�-TIME CII�RICAL* . - - . "t' . - ,,.. ; -__'._ - � It was moved by Mayor Butler, seconded by Councilmember Frahm, to.approve the employment of Amy Rlaers as part-time typist �and copy machine operator as recommended by staff. ` � � � ' Motion, Ayes (5), Nays (0) . - � ' , • DATE TIME CI fY OF ORONO CALLED IN INSPECTION NOTICE SCHEDULED PERMIT NO. COMPLETED S= ��-s ti �� ADDRESS �S�co �y2tL /3Uc� OWNER CH�C1� f�eNK� CONTR. TELEPHONE NO. � DESCRIPTION r•� �. ��' ��7 'Z3 Y3 UOS6 � 01 FOOTING 11 MECHANICAL RI 16 WELLTEST PUMP Q 02 FRAMING 11 MECHANICAL FINAL 18 EXCAVIGRADINGIFILLING � 031NSULATION 24125 WOOD BURNER/FIREPLACE 19 LAKESHORE/WETLANDS 0 Z 04 WALL BD. 12 WATER HOOK-UP 34 TREE REMOVAL Q 05 FINAL 13 METER SETITURN ON �ITE INSPECTION � 07 DEMO—SITE 14 SEWER HOOK-UP O6 PROGRESS J 07 DEMO—FINAL 27 SEPTIC MAINT. �COMPLAINT = 09 PLUMBING Rt 15 SEPTIC INSTALL. 22 FOLLOW-UP J 10 f'LUMBING FINAL 23 SEPTIC FINAL � OWNERICONTRACTOR TO MEET YOU:_YES_NO � COMMENTS: U N�,i �vrp� i,�rd/�.c.i /�rsc,L UC�I�f� S � � y K �� l�l SS CXO 5 2 o �1Y Z F � �C w�y �C� � � � (�E (o � s O �14 k�7� - 4=Lv4�- T{✓�� ° y-1 I S 9�f �e cr 4�S 01cC.t4 N-or� W � Q Z - V�v CSr� C��/NC� � - syroa-��Q � v��✓Z �,�.9 �✓� [.�92�c= 772�-�, � - i 2�t�.-2JL �'v(� v`� ��a 1� a — �E �s �49-nz- �s�'l W ❑WORK SATISFACTORY:PROCEED -1 ROJE T COMPLETE � ❑ CORRECT WORK&PROCEED f= ISSUE CERTIFICATE OF OCCUPANCY W � ❑CORRECT WORK,CALL FOR REINSPECTION TEMPORARY � BEFORE COVERING PERMANENT ❑CORRECTUNSAFECONDITIONWITHIN HOURS. - pHOTOTAKEN INSPECTOR WILL RETURN C STOP ORDER POSTED.CALL INSPECTOR �- CITATION ISSUED ❑ INSPECTION REQUIRED.CALL TO ARRANGE ACCESS. Call for the next inspection 24 hours in advance.473-73r'J7 OwnerlContrac r on site: Inspector. White Copyllnspector's File Canary CopylSite Notice IMPORTANT ESSAGE Tp " c�'�t� ' �/ CI; C � A.M. DATE � �� / TiME P.M. WH/�.t� 1f�U lA�fl�f OUT M �1,/'l/�.c_ C:�.- ��--�-- a� �-�3 4� ��-� , 1�rea Code ��_ �� . & F.gchange TELEPHONEH PLS+4SE�ALi. �x CJ4LLED TO SE��(OU W1LL Cf,i.t AGAIN VIYANTS TO S££Y(aU URQENT RE�Ut�NED YOUR CALL �33ag@ �� cf -- � ,/y,� �s- � � C� �� 2f�""'""'_ '- �{'�"� � �,,� / fil�-, G' �� !c-�'-C'�"�oC 4%v�-� � G�i��-�--� ,��'��- Operator � , , � O� O �� O -,�;��,-� � CITY of ORONU � '��';��' �, Municipal Offices �� Y ��jG~ � Street Address: Mailing Address: 9kESKp4� 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 May 17, 1994 Mr. Chuck Henke 3536 Lyric Avenue Wayzata, Minnesota 55391 Re: Maintenance of Property/Storage of Unlicensed Inoperable Vehicles Dear Chuck: The City has received three separate complaints about the condition of your property in the last two weeks. An inspection of the property revealed the following Orono zoning code violations: 1. Storage of unlicensed/inoperable vehicles - Violation of Section 9.50. 2. Storage of truck in excess of 7,000 lbs. - Violation of Section 10.61, Subd. 4(G). 3. Storage of automobile parts and other items on a trailer in front yard - Violation of Section 9.55. 4. Unfinished grading for more than 12 months - Violation of Section 12.05. 5. Tall grass and weeds - Violation of Section 9.55, Subd. 1. The City must require you to bring your property into compliance with City codes before May 31, 1994. If this deadline is not met, the City may initiate legal action. If you have any questions or if you have a problem meeting this deadline, please feel free to contact me at my office. Sincerely, � ��?�..- L le Oman Building Offcial LO/ch Enc. Secs. 9.50; 9.55; 10.61, Subd. 4(G); 12.05 cc: Jeanne A. Mabusth, Building & Zoning Adm. Bruce L. Vang, Field Inspector Telephone (612) 473-7357 • FAX 473-0510 :�::-:::_�_::_�:'_;_�_'._:•:":�.".�:::_�':_:�:::::.'^:._::".'."'__'='�:__::.'::::�::»::.:_'��".::'._:�.=_:::::�::'' �^'__'_ _'__=`"_`:""__��:_'_::':__'::��''_'"_..��;'.±'_'::_:_�.-:=_w_�.". _.. � 1�� ?,..._ �_��`:1�;i?r"t'�' It�I k-1 Y� .�. .}. .�.'�'�:�'� .� ... � "�_ � _ �'1�`Y .�� 1�.�.-�� L f �^y�X �-� t�� .�. :� x. TXT 1__I�=:'1'��:;':�%=��W�� L.]:�'.'.-;•-;. I._]:T;T1`:� I..If_=1'aE':l=� t-:h-ft-'�!�;I_E�`"� ;__l:_L�1�'=; :�,�: � , . �..,�. -� �-- � r_-c•-�r'.�i 4,,.�, L..Y •t.1.�w 4��F-, f�.r-� I �� ...�,_,._,:� �. '�.':[hd;i�l:�'_i:=;��,�:::,;=;�:'r-.1.:=;';� '•,'1''i=s::'r;;;,. �,.,t,.�r"t;'i':f...11":'�:� �,'6J"f:��:�:I.'�'i:�i a�>>q �r,r��i;�,-�y,f_Ii`:F�:: (:=xt1li`�:I"{e �"�i:��:f'i E�?,.,,.,,:^„�._, ,V,..'..:t�:":f�;l:::!�:° t�11.':`��i'~��.�I"�� h��-;� E-i I"!'� ��;l"��l_.I�t.i '•.j F i-i��:i._1=: r'T i_E:: i�!i'�Ir��' I_:a.�::r"�'I;,,�_,�FS:�.3�:'; 1�,:-;�'�;:�.:�. i'ii':k�,;:>1 !�, ;�1A`r :l 1 i c;�.",�. 1�. � c��;_;� �r:; t•1ft'�' 1 � 1'=��?,.� �,:'_-�s c�?:�,u ��? "f�:i' P.I ��aT �:�hJ r T i_''= t_I�_::'�4�1:?I'�f�;Y;=; r�i�� -1.T.T '-�T�-�l._.(:�r,a '•�'L I�-I 1:�_:l_C (=::t_[�.� �=!1`1�'` 1__�'��, ;'I'�'I:'"r::_;;� lF�;:=:�:?y::`'; ;...."''��";�::.I-'�� C'1t�`t :1I 1.,-,.-,��. 1;;� �r.-r; �r-, r.lt�''r 13. 1.':"�'�I 1.�� :I.��?: �.! f�:R� ��L�f.._�:!�:��!"?�::��::? i �•�a 1 � ��?•'"+/:f. :I.. '::�::C i��:1.�?•�;:�':;, tr. t:r � �., ..� r-- .�.�'a 1.�_.� t.��...�i��. .�.I�"�.<`., t.l'�;�.f_�� i'�r`.�I"),`�"� .i.._.��_�'._� � ;�.� �.._�.��i.il=l�' �:.!=�1. :� �._.�. �if�r�:�,:'e �.._T � I M"��.. � •�• r � v ,�.-1•_� r� ..�.. � �' .� r.r.•�^ � r'�•'"� -t-' 1 l)f-'� 7 C' �.._�i,.J�.:'�'�::.!-� {. �, �._.i.�Y� : ,:_4 �....1 i :._.,.'�.f'��•':��(_)t_:�::7r�� ! f-`fl�. .,,�f,'; ...._��_f e.••..�.,:..o �..�. i � ;�..!-•�i�..:....i._� '_;�"'1:�1:��:Ct11.........1.._Tt_',!, ..`'r^�F`{r' o �TT;`� � �i• - �'�-r"7 .'! 1\J � i-"7 �.lry t lh�! �L'; •� 1":••1- • � �7 1 I P��, �: .�.C�.I,•'i�::=;=1'_� ; , �.:�.r 7 ;?r'.,-. � �- � F:: . , � r: i c_a�i";�-!:�.Y„ �:; ,z:i f �.I Y I:,,�;�:::�,-i� 4<: � ;';.�;-!o �:,i._:i'�i u,,F-I"; �1 r=�F:� 4•l�:��"��'�,?��„ ;�"',_1rL;'!��e -I�i-�Cd'`,!!"?� � _..h':"� /�.-�' � • ; r ..., � �_ •.i i; �_� Tr;,,r_, ._t..r 1 �,�t: .�_��.�,:.�...�.; „ �..:1��f_��•�� f ; ..7.: a .,..._�;_,1.1/:��'�'�}.::_'•1. �� r.;�_�r•��,�•�-::�==f--,:-,:-i._�:-r�, r•1:�:�-:s��,�_�_7 �� ., I i lr..', _.T I_�ir.� �_.-, �_..�.,..., •-�-�_SZ��iTr � 4�y , �c:r—:—rr_,r_�„ . ;�.. », ._, .. . �^�r.: �.. :> >. �. r .,.�r- �.. , . .. ... ,... . . .. _. . , _ ._, e .:,....:; .._, � . .�....,� .._� . � .,. ,. ;, , .K.x<: �.- r..! �:i Ci I'. ;=i ;�::� _i.. „1 .z�;;.;;. 1.r;_;i"?:��j�� ...."1";'t{.;!.? i•1 r'��''t' :I. 1. 1':?'?�1� 1 f-:; �tj� _<;'. I'�i�`}• 1. 1. t .-,;-�:'I 1.!a� j �-�� :-,�-� ��.�', i;i;•;�:�)t?!j[�;�-;ri':: 9.�.°v ��_f I_?�J'�, i , :':�. l„7�'.:^�•��:,;;; _ 1�u j.`�� C:!`�:r 1. 1./��,.�. t,;:';;.U.�.,,�, �:1r,'�'r':::'71.�� T;�l" 7 !'��'"_�?!=i`�' I:'4`� "jl._.E__�.. 1....1:�-�;``T`.-•1.`::�':';I !__:I"�'•;;-,'_:, .�...�.:;: I'.I(:��T ��'�P�.I �='l:I__i::: i:�� .,.,:. 't�h.IL� ��i�` (��;,��:-:�`,Ctt,��.'�E:- �=:;�;� � b � � � 3�3(� ��-�� r�� To: Bryan Crawford, City Attorney From: Lyle Oman, Senior Building Inspector Date: August 2, 1990 Subject: State of Minnesota vs. Charles Henke On January 22, 1990 a revocation hearing was held before Judge Hardigan. Judge Hardigan revoked Mr. Henke's stay and did sentence the defendant to 30 days in jail and a $700 fine, but decided to stay the $700 and 30 days for another year. Mr. Henke was to have the siding completed or a permit applied for by August l , 1990. Mr. Henke was also not to maintain any inoperable vehicles on his property. On August l, 1990 I conducted an inspection of the Henke property and found the following Building and Zoning Code violations: 1. Siding has not been completed. Permit application not submitted. 2. Unlicensed, inoperable vehicles: Chev Pickup License 531-BZR expired 1989 Motor home - presumed unlicensed and inoperable Volkswagan bus - presumed inoperable - collector plates Pontiac - presumed inoperable - collector plates These vehicles are in the same location that they were on an inspection done on January 19, 1990. 3. Tall grass and weeds and same brush pile that has been there since the inspection on January 19, 1990. Mr. Henke's property remains an eyesore with the unlicensed, inoperable vehicles, unfinished siding, tall grass and weeds and various items stored in the back yard. Please take whatever legal steps are necessary to bring this property in conformance with Orono Buil.ding and Zoning Codes. LO/tln Enclosure - Photos cc: Jeanne A. Mabusth, Building & Zoning Administrator Michael P. Gaffron, Asst Planning & Zoning Administrator Bruce Vang, Building Inspector Mark E. Bernhardson, City Administrator _ . . � 5 � . . , � {�.�►��,�,�� J v�Y ! �T ��1�.� �� , � � i�'. , ' i ; i (� � / / ' �j � � � ��. __ _ ___ _ - _ _ - _ ---,_______ _ _ _ . _ __ _ ..----__ �,.r..---=; / � ' � � ,. -;; - .--;.�.�. � , :, ,, - . , , ; � � ' � � I , ; . M� � �M ' � � � � � � � � ' � � � � � ; o � ; � � � z , �� 5-�-- � . . , � _ �, 9 � ,� �..f y � � � � � � a � � � �� s � ---,-- � � � d �l � p + � �� , , 0 , � � � , � � � � . , '� S -�- � : - - � � � � � � 3 , �' � � � � o � � � � � c� o . .. ,� � � � � , , ' � � � � .9r � � $ -� � � � r� � �� s � � ��l-� � � � cz. � v o y o �t �, � ,�,, 91 � � q► �' S7 . � --- y � �' � � `- °) � � �' ,_ � � � 9„ � � � � d ; � �' s � � � .s s � ` � � � � � � .�- ' ' � � � � �. � v S o ` � ° � �' O `�" S' � � � D , _ � a ' __ � __- � _ - - - � . __ _ _ _ _ , � - - ._ - - : � - � _ ._ __T . _ '�1 _ . _ _ _ _ _ - . _ --- -- __ -_---- -- . _ . _____ ---. :_ _ _.. � t �- 6 • �� . ' F ; - � � �� . � � .,k� - 7" 3�` ; ' : � ' �. S ' � r � � � �.. � � .i , i . �il � . , � ,� v , � , �� ; � � � � ��°: ` ' � � , � -� � ' ; -� � � . � �. .,� ; � ; � , � , _ . { .� x � � * .� -� .: -� _ J' � , ` � � � � � ; �; g N ,� ..., , � � , ` �.�.� � � � �' `� � � t: �, � -� � . - � 4 : � : S � —� � c� ,= v� ,� --� � � � � � : � N • � � .�- _ , 3 � � -� � � � a,� � � S ' � � � , � � � � � ,� � :� � ,� �- � �� . � � � ��,. .� �' �- . .- �- �- � � , _ �' � � � � ) 3 — o � `^� -� ; ' � � r 0 � 4 � � , � � 0 � � � � � � � � � � � � � � : s `� � � a � � s � � � -� � .� � � = �' � `� 3 y � � r Q o �r , : � � � � �� ^ •• s � �. ; � � � � �� , ,� � � � � ll � ` � ° � 9�. � ~ � '` .� � � � � �; � ' � N � � � I � � � -� " � � � °� .� i�: -�; v ° S o o. � � — , a 1 � � � �- � � � � � � �, � - . .._ _ _ _ - - _ - -.� - _ - - - C� . - - - - . r_ _ _ _ _ ___ -�__- .� _-. _ _ _ :---_ -- -- - _ •r �� . � � �� _,. � ......... ._.�..... .. . . . � . . . . � . , , . . . � . . � . . . . . r . . . . . � � � . - . . . . . . .... . .�...+..a..o.....�+�.►.-4r w..�..w e. ..n....�.�..n....-�. ..r�.�...M.�..^.�..H.w.I�.n.�� . l 1 ' 1 � � f j _ � j', � �� h�.�--�- b � � l�� ► �+- b __� .� � _�- ; ; . \ "`� , � `�- ;;; O� _ Tl �, `��( La t�t.�.��I + kvtoc�c �ov...n v�tio.�v�s�.s . , .. , �:i Gt p p�i c..0 �'o� w�v��— b-e +�1n, c�c�2 -�o c�.�e�s . � _ __ ;,; � v� o�,c�l�avtc�-7� Tw� �..c,k3 _ 0 4- � Ic�v�s � _ _ __ , �,{ . .. _ _ � ��s�en.c�- �l c,�l�.�o� � f��r � �,� s-t-u�e. ,ec�..e�� -� , � o � o� � � � �.�� s �� i i �\�� j _ __ ___ . ; , . , . . , �� i� v� � ✓�a w,n c ✓l • �t.✓w« -�-_ 1�Q��-t:c�v��..` , , � � : � Zov,.� �e,p� + �� l � ` � � ' b `� � �'�� C��'. � i 1.q � , ��_ � _ 89 ; � ; � _ _ __ _ _ __ . . ___ __ _ _ _ ._ _ _� '� z-� �� p��.,��- � _ s� �. �.P c4� s ��; , � � � � o�, �� .,�. � t ►� � �-„5 . �s; r a� ; ,� ��- �' o� �.s-i— c�v� cs�' Cov��n,� w`� S�u L �r � : � _ v� __ _ _ _ _ _ __ ; __ ___ _ -- �s �'-�#�.c��n � ►c� �- �o�� s1...�-�- �e,� I � ; ; F=-�lo ?��-�' o ,� Sc�o.�.,�' ��-- po ss��i �2 • ' ; / , . �v� � c�PP l %ca �'t�a v� � CoL�S��c.-{i 4� sc l�.c;�.c.CQ ; n ;,; w � � � k3�2 4CoV�� '' �a��f� S�a,� � f'Yawi V•.�.*-S l�ek�-�,i�� , � . �� . ` , ��- rGd� ��, I�� w� �� c��ep�� ; ;J�v��. � (9�a -C�r ��- r2�ei�o r s r c�► � , DATE TIME CITY OF ORONO CALLED IN INSPECTION NOTICE SCHEDULED � ' 7'�'/v PERMIT NO. COMPLETED ADDRESS �S-3� L`12�L OWNER CONTR. TELEPHONE NO. j.; ❑ FOOTING ❑ MECHANICAL RI ❑ SITE WELL ~ ❑ FRAMING ❑ MECHANICALFINAL ❑WELLTESTPUMP W � ❑ INSULATION ❑ FIREPLACE/WOOD BURNER � EXCAVIGRADINGIFILLING h O ❑WALL BD. �WATER HOOK-UP ❑ LAKESHORFJWETLANDS Z ❑ FINAL O METER SET(I'URN ON ❑TREE REMOVAL Q ❑ DEMO—SITE ❑ SEWER HOOK-UP ❑ SITE WSPECTION 2 � ❑ DEMO—FINAL ❑ SEPTIC MAINT. ❑ PROGRESS J W C PLUMBING RI ❑SEPTIC INSTALL. ❑COMPLAINT _ ❑ PLUMBING FINAL ❑SEPTIC FINAL ❑ FOLLOW-UP J Q C ENTS: � ' �� S � 0 � � W • G a � _ 3 � i 0 t � 7t�v ��lE z Rv �h,�v �-N � VV1N y�b (1�(-' �j� Q oZ f�Ct S . 6or3 c.AT � l� v. r^dpP� , (L�F2��2JL�ro2� � Z Ti(�-E5, C o.vc_ 3C-oc�lc� w�rv�ow s . ��42i ous QC.O(, g /hRir't�72�/y tS W � U7v�=t�lshiE� stOlnl (.� � d ❑WORK SATISFACTORY:PROCEED ❑ PHOTO TAKEN W � ❑ CORRECT WORK 8 PROCEED ❑ CITATION ISSUED W � i-� CORRECT WORK,CALL FOR REINSPECTION ❑ PROJECT COMPLETE � BEFORE COVERING ❑ ISSUE CERTIFICATE OF OCCUPANCY ❑ CORRECT UNSAFE CONDIT�ON WITHIN HOURS. TEMPORARY INSPECTOR WILL RETURN ❑ STOP ORDER POSTED.CALL INSPECTOR PERMANENT ❑ INSPECTIONREQUIflED.CALLTOARRANGEACCESS. Call for the next inspection 24 hours in advance.473-73�J7 OwnerlContractor on site: Inspector. White Copyllnspector's File Canary CopylSite Notice -----------_--___ ___.,: _ �. _..,�_+— ___ .� ,_ _ _ - :msesssae:aae::ms:sasasmss��s:msoamam�a��aeme:�sae::aramm:::aeme�mas�::�:�ae::�a:memoamm:�:a e= . � iR3015 LTZ954 JAN 08 1991 i5a49=S6 JAN 06 1991 15a48s56 RR.QK0000000 14s48 01/0�191 032l4 14a48 01/08/91 Q2974 MN0271500 TXT INWUIRY BYe NLET TITLE/H423889 REO DATE/040000 EXP DATE/1285 LAST UPDATED DATE/031788 LAST IBSUED DATE/111964 LIG/V71594 LIY/1985 LIT/RV DECAL/�C334540 VIN/CANCELLED TITL.E VYR/69 VMA/DODGE VMO/ VST/MH UNLADEN WOT/000000 LOAD CAP/000400 LADEN WOT/OOQO00 BASE STATE/ FEE PAID/� 0.00 RES COUNTY/OS AQENT NO/0000 LEBSEE= NONE OWNERa JONES JACK ADDR= RT 1 BX 163 . BAYRE . OK. 736b2 *�� END OF RESPONSE ��* aama�:m«�ses�s�aa�smama::as:a�saemsae��s��asa:aema�amaa�ersa�a:s�aam�aom�saa�mamm�m�am�aa��s�s eaa �._....�..._��.�_.._��.��_..�_.��__.��..._....^�_,��___...��.�.�r._.^__.�__.�_—.�__�_�.__...�______._.�__..,-- s:ae�am�aasaa�se�s:aa+�a�aeam:se::aameasaomas�as�mi:aessa�s�:mear:mraoc::msaumrm:aaeao�aea��mma:sm�aas:aemran x:�s�asss , . , i R3U07 OROC102 ,.,IAhI U$ 1991 2 5:46:41 JAN a8 19"�1 �5 a 46s 47 � � � : � TXY LIG/63�31�1�. LIY/OQ. LIT/AGt. HENI�E GHARLES L.EW I S 3�36 LYRIC WAYZAtA 55391 VIN/2'5��76Ct4699'6. VYR/66. VMA/PONT. VMG/�P. VCa/WHT. noai��l�. ssrs:-x`�smoa=�oa�x�ae�=sm�a=ra:aemaoca�samc�sae�mm�=azeos�a�aa=s�ase��asmeaam��ass x _...____.___.—.__--^--_�:...r_—_._--�.—._._,_........_____._....�.__.._____._..._—...^_--�___._�.�.�..�.._..._...___ -a��a�am�aaa=s��tssoas��oo�sa�m�==s��xsaoa�msa=�sama�ma�am��xa��=a��a=aa=oss�rssrs i R�aoe aRooaa JAn� a� i�� i s:4t�:4 i �arv as i g�i i s:��:�s NO HIT GtMR LIC/638612 , :=a��ssao�a��:��_�z�aes-m�saecaa�aos�xsssas�sms�asaseaesmeo�=a��a�x�ssm�aa=�s===�a: ____—.�...._._.r_.._.____.—_....__....�`_.__.r.__._—___...._—.___.�....—�._.___.,.._.._......,._._._._.—_.�____....—___._.�__._., �SLi'�JC'J•S.�S.�L�L.T.CCSCi71�3C.7�.Ct�.S.mi.S��i9tiCiCSi'S�SC��'i`�S45S.T•7CS.�CCi�7CS...t7xS.�T.7S�.�i�71i.CC.�CS.��C..Z�L^�CS �� iR3009 I�R4404 JAN a8 19'91 i5s46s59 JAN 08 i�91 iSs47:00 � � � � TXT LIC/531EsZR. LIY/E�9. LIT/PU. J�QTHLAD I1AN I EL DUANE 887 CENTURY WOaDIIUF�Y �5125 VxN/CCE242.,,�11�279. VYR�72. VMA/CHEV. VM+C�/f'K. VWTf 000a01. EXM/DEC. DOB`�. STIGKERsJ73b9798. maa::aa:a=m�aa�me�aaxmemas�maxa�sarmsmar��ffimaem��sm��macsrt=s�sso��at��asx�aas rsasse�s¢aixam: _�.....�.__._—__—..___�._�.._...._..._......_,....._._��_.___.�.—.�_.___--__�.___.��._—__.�..^_....—.,.--.�.,....______ -, aaao�:m��:�:�m=rsa:�as�aseaemeaamsatxsasxasaaexena��=asm�aa��os�.�sasso�ax�sxar�.�a�mm¢ssa�oa�s�=�:r 1R3010 OR0044 JAN 0�3 1991 15:46s59 JAN d8 1991 1�:47s08 PICy H I T GtMR LIC/�31BZf� sosxe�m�ssaa��merm:sm:aeaaasae�emcrosa�aaers�amaas�m:r�x�sase��ee��ms�a�mszaa:omsaem��saa:saeas=sxa�ass� �: __...�.—__..__—__�_.r_____.�.�._�._.,._______�__.__....—___^__.____.,.____.__..._.�.___—....�_—_.rs_.____.- asmsss:��aa��=ses�aa�me:mt�::a�sa�caaams��mm�s�sc�tatm�ao�s xaszem`assa==aasas�aa��a==x=s=s 1 R30 I 1 C�kOOt75 JAN OQ 199'1 15:47 s 11 JAN 08 199 I 15:47: 12 � � � � TkT LIC/IMEZRU. LIY/91. LIT/PG. HENKE CHARLES LEWIS 353b LYRIC WAYZATA 5�391 VIIV/CaR257U19194b. VYR/77. VMA/GHEV. VMO/ VAN. EXM/SEP. D�rB� STICKERsL76O0469. #FLAQspER�ONALIZED PLATE � ��m�axaemea��aa��:��sa�m¢maxr�r�m=ai�sa��tssatae:��mmasa�atas�as=a==sats�s�s�asme��sas��xm=�ms —___.______�.___....�.__.�.�.r...�._.—.r___._.____�_--�._—__...._...._..�—_.�.___..__..__._._.--_.___.,_____._-.._. �sxasa�mmms�s��aa�miosxssts�mxma�a�a�x�a�sa=xmasxaes^mmmsxx�asffi�x�am=oa�:��as�so==s _s nu nti • •QMR LIC/YMEZRt�1 � . . , s��:as�sss�aems�c�aaeassxxa��sme��e��osauosaxm:a��sematme:s��amassmaas�ats:�ss�s=asx:a«s:oess�ass ' ....r�......---------•_.r.,.___._...�,..--�----------�...�._�._...._�__.�_....�_.___,—..._.__._�._.,._..._......._...._...�" - m�se:am:xm�t��o�x=�stasasxCsa=sss�s��sasses��asa=s��a:m�assa.:a=ss.^�mo�==as=�=a.-a��=�as� iR3p13 ORO006 JAN 0�3 1991 15s47s�4 JAN 08 1991 15a47:2S � � * � � TXT LIC/456BRF. LIY/91. LIT/PC. HENKE CHARLES LEWIS 3536 LYRIG WpYZATA 5�391 VIlVfJ7A15MPa�3433. VYR/77. VMA�JEP. VMO/SW. VCG/LVU. EXMlJUL, DOH� STIGKER:L6008842. as:a��nssa�mn='ems��as�mmsasis�s��ammtmamsaxa:t�aas�axs�sf�mz�+�m�ams==s=sas�a�a�aae�s�aq s ____�.��._�...�_.�_.._�.�.__�._______.,....�.___.._...__.�_.___._�..___,..__.�..._—...._._._�__________.__.r_.�._,. �meas:ma��etamzees:�aasa�amasmmms�aoaess��se��taxx:�ao�=sa��emtme�mcm��mems�r�ssmimms�ss�=aexsamme i R3014 OFtO0U6 JAN O�i 19'�1 2 5=4?m 24 JAN 0� 19�'1 15�47 a 33 NO HIT QMR LIGl456BRF ma me�ammsamt��mrm:.sass��assamss��ass�smma�mems�:�ass��s�osaa:m¢a+mmam�a�a�smeQ:me�:��amime:aaa: ^ � , �� i � : _ . _. .. �- POPHAM, HAIK, SCHNOBRICH & KAUFMAN, LTD. � 3300 PIPER JAf FRAY TOWER 1 MINNEAPOIIS, MINNESOTA 55402 WAYNE G. POPHAM JAMES A. PAVNE TELEPHONE MARK B. PETERSON RpBERT C.CASTLE RAYMOND A. HAIK DAVIO A.JONES TIMOTHY W. KUCK TMERESE M.HANKEL ROGER W.SCNNOBRICH LEE E.SHEEHV 6iZ'333-4800 CAROL B.SWANSON JULIE FLEMING'WOLFE DENVER KAUFMAN A�AIN FRECON TELECOPIER BRUCE A.PETERSON DEBORAM A. DVSON ROBERT A.MINISN LESLIE GILLETTE 1331 6i2-334-2713 THOMAS C. MIELENHAUSEN ZACHEFY M.JONES ROLFE A.WOFiDEN MICHAEL T. NILAN MICMAEI D.CHRISTENSON BENSON N.WHITNEY G.MAf7C WHITEHEAD THOMAS M.SIPKINS �321 6i2-334-2781 J. MICHAEL SCHWAqT2 KATMRVN M.WALKER BRUCE D.WILLIS �� ROBERT C. MOILANEN 13i1 612-334-2503 TODD M.JOHNSON GEORGE J.SOGHA G.ROBERT JOHNSON THOMAS F. NELSON JEFFREY P.CAIRNS GARY R. MACOMBER THOMAS J. RADIO lOU15 P.SMITM SHANE R. KELLEV MARK F.TEN EYCK ROBERT 5.BURK DAVID L. HASNMALL BRUCE H. LITTLE DUANE F7. NOEC1(E�7 HUGH V. PIUNKETT� 111 KATHLEEN M. MARTIN SUITE 2400 MARK F. PALMA ELIZABETH LEVINE FREDERICK C.BROWN JOHN C.CHILDS �2005EVENTEENTH STREET RUSSELL 5. PONESSA DEE ROWE TMOMAS K.BERG DOUGLAS P.SEATON DENVER,COLORADO 80202 BRYAN L.CRAWFORD JOHN M. BA1cER BRUCE D. MALKERSON THOMAS E.SANNER TELEPHONE 303-B93-�200 MATTHEW E.DAMON KAREN M. HANSEN'� JAMES R.STEII.EN RICHARD A. KAPLAN JOHN W. PROVO JAMES B. LOCKHART BRUCE B. McPHEETERS TELECOPIER 303-893-2194 JILL I.FRIEDERS SVESAN PACE-SHAPIRO"� LINDA 5. FRIEDNER ALLEN W.HINDERAKER SCOTT E. RICHTER PAUL B.JONES ANDREw D. PAFKER CIIFFORD M.GREENE PAUI J. �INSTROTN SUITE 300 SOUTH ELLEN L. MAAS D.WILLIAM KAUFMAN SCOTT A.SMITH IBOO M STREET,N.W. WILLIAM D. HITTIER PAUL M.TIETZ BRIAN N.JOHNSON WASHINGTON, D.C.20036 ELIEN SUE PARKER OiCOur�SE� MICMAEL O. FREEMAN DONA�D M. LEWIS GREGORY G. BROOKER FRED L. MORRISON HOWARD SAM MYERS, III KENNETN RO55� TELEPHONE202-828-5300 WILLIAM M.OJILE�JR. LARRY D.ESPEL DAVID R,STRAND TELECOPIER 2p2-g2g-5318 BRIAN W.OHM JANIES.MAYERON ELIZABETHA.THOMPSON DIRECTD�ALNUMBER GREGORYG.SCOTT ' wor+�rrEoo.��vir�c��roAr+i• THOMAS J. BARRETT KEITH J.MALLELAND ROSANNE G.ZAIDENWEBER �' •or+irrEoor��viwrcx�s ( 612) 334-2687 •• .�M��E��.�� August 28, 1989 � `- � a�/% �� V -�! Mr . �harles L. xenke (�'� AUG � I 1989 3536 Lyric Avenue '' i ' � Wayzata, Minnesota 55391 {��'�` --- � . . ____- Re : State of Minnesota v. Charles Henke 3536 Lyric Avenue, Wayzata, Minnesota 55391 Dear Mr . Henke : As you know, on January 24, 1989 you pled guilty to maintaining a public nuisance with regard to the above property. Also, you will recall that Judge Hartigan stayed the imposition of your sentence under Minn. Stat . § 609. 134 . The stay of your . sentence was based, in part, on the understanding that you would comply with various conditions. I have been informed by the city that you have failed to follow those conditions . Specifically, I have been advised of the following : ( 1) Junk and Debris . You have installed a fence across the front of your property to hide the junk and debris. However, you have not created an area in ; which you can store this junk and debris so that it is not visible to neighboring property. You have not provided the two-sided fence behind the existing � garage. More specifically, the fuel oil tank and � - fiberglass car body are still visible from neighboring property. Further, it is difficult to see whether or not any other property is visible based upon the fact that the weeds on your property have again exceeded six feet in height . r , Mr. Charles L. Henke August 28, 1989 page 2 ( 2) You have failed to remove the plastic tree from in front of your house. ( 3) The 1975 Cadillac in your back yard with a flat tire is not road ready. . ( 4) You have failed to apply for a building permit for the remaining addition which you have excavated. This was to have been done by July 1, 1989 . ( 5) You were to have completed all rough grading by August 1, 1989 . You have not completed this. ( 6 ) You were to apply for a building permit by July 1, 1989 or replace the siding on the north wall by August 15, 1989. You have not done this. ( 7) You were to provide a safety bar on the east door or conforming stairway on the east door. You have failed to do this. ' ( 8) You were to obtain a building permit by July 1, 1989 - or fill the present excavation around the home and knock down the mound. You have not completed this. ; ( 9) You have again allowed weeds to grow five to six feet in height in your backdyard. Based upon the above, you are to appear in Court on � September 26, 1989 at 9: 00 a.m. If you are going to be represented by an attorney on the 26th, please forward a copy of this letter to your attorney prior to that time. Very truly yours, � 'i rya, L. Crawfor „ BLC:srp: 796 ; - cc: Thomas J. Jacobs, Building and Fire Inspector � ' City of Orono Clerk of Hennepin County District Court-Division �hree � ,. , ' To: Bryan Crawford, Prosecuting Attorney Fresa: Thomas J. Jacobs, Building & Fire Inspector Date: August 9, 1989 Subject: Charles Henke, 3536 Lyric Avenue Vioiation of Conditions of Court Order I am writing this memo to inform you that Mr. Charles Henke has not conformed with ail items listed in the conditions of the Court Order dated January 24, 1989. I conducted an inspection on August 7, 1989 which revealed the following: 1. 1975 Cadil iac in back yard with f iat tire is not road ready. 2. Removai of plastic tree from in front of his house. During the inspection I noted that he has taken this plastic tree and set it next to his gas meter in the front of his house. 3. Junk and debris. Mr. Henke has instailed a fence across the front of his property to hid the junk and debris. He has not created an area which he can store this junk and debris so it is not visibie from neighboring properties. During the inspection, I viewed f rom the neighboring yard fuel oii tank and fiber glass car body (may have been abie to see more except for weeds were over 6' high again). He has not provided the 2-sided fence behind the existing garage. 4. It was ordered that Mr. Henke apply for a building permit for the remaining addition he has excavated for by July 1, 1989. He has not done this. 5. A31 rough grading was to be done by August 1, 1989. Mr. Henke has not completed this. 6. Mr. Henke was to apply for a buiiding permit by Juiy 1, 1989 or replace the siding on the north wail by August 15, 1989. Mr. Henke has not done this. 7. Mr. Henke was to provide a safety bar on the east door or a conforming stairway on the east door. Mr. Henke has not done this. 8. Mr. Henke was supposed to get a building permit by July 1, 1989 or fili the present excavation around the home and knock down the mound. Mr. Henke has not compieted this. 9. Mr. Henke has again allowed weeds to grow to 5-6' in his back yard. - ' Charies Henke, 3536 Lyric Avenue August 9, 1989 Page 2 of 2 It is this department's feelings that Mr. 8enke has done very little to maintain his property or follow the Court Orders, therefore we are requesting further legal action be pursued on this matter. cc: Jeanne A. Mabusth, Building & Zoning Administrator Mark E. Bernhardson, City Administrator Orono Police Department � ,� . To: Mark E. Bernhardson, City Administrator From: Thomas J. Jacobs, Building & Fire Inspector � Date: February 6, 1989 Subject: 3536 Lyric Avenue, Charles Henke - Plea Sentence January 24, 1989 / Enclosed with this memo is a memo from Bryan Crawford, City Attorney, and the court transcript of what took place on January 24, 1989 in the plea sentence. As stated by City Attorney Crawford, this was not a continuance for dismissal but a guilty plea by Mr. Henke on two (2 ) counts. Failure for him to comply will result in penalties from this trial and further violations. As you read through the transcripts you will notice that the court has no intention of letting Mr. Henke continue his behavior, therefore I feel that this is a reasonable working situation in which the City has entered into. If you have any further questions on the matter after you have read Mr. Crawford's memo and the transcripts, please feel free to contact me. cc: Jeanne A. Mabusth, Building & Zoning Administrator Barbara Peterson, Council Member � • , ' 101388.10 TO: Honorable Judge Robert A. Forsythe FROM: Tom Jacobs, Building and Fire Inspector City of Orono DATS: October 13, 1988 SUBJECT: 3536 Lyric Avenue, Orono - Charles Henke As per your request October 11, 1988 I conducted an inspection of the above subject property. During this inspection the following items will need to be corected to bring the property to a neat, clean and presentable manner. 1 . Al1 vehicles must be operable, licensed, and insured (insurance must be maintained on the vehicles) a) Catalina automobile inoperable in driveway, two rear tires taken off, sitting on jack. b) Motorhome - provide current license plates on vehicle in place of Oklahoma plates - vehicle must be insured. Vehicle must be parked not closer than 10 feet from rear or side lot line, cannot be parked in front yard. c) Cadillac stored in rear yard must have flat tire fixed, operable and road ready. 2. Parking of automobiles - Open parking spaces on the lot must have location other than a required yard except that parking may be located in rear yard to within 10 feet of an interior side lot 1 ine and to within 10 feet of the rear lot 1 ine. Open spaces for vehicles which are not normally used day to day must be located on the lot and approved by Inspector. B. Parking in front yard setback - Parking of autos used day to day must be located on asphalt driveway to garage. C. Parking of vehicles in turnaround in front yard is prohibited. D. Boat 20 foot length - must be stored in rear yard not closer than 10 feet from rear and side lot lines. 1 ' ', 3. Plastic tree with hat on must be removed from front yard. 4. Remove junk and debris from between garage and house, debris consists of old tires, plastic drums, TV, tire repair equipment, wood stove, car ramps, door, concrete blocks, gas cans and wiring. 5. Storage of garbage cans must be in garage or screened from the public except on collection day (the past practice was to line five garbage cans up across the front yard.) 6. Store trailer with side board racks inside structure. • 7. Store all construction materials inside building. 8. Stack all firewood in one area per Exhibit A location to be approved by Inspector. 9. Clean up of rear yard to be stored inside: old barrel wood stove, fuel oil tank, old tires, old wood, pallets, construction materials (insulation and all wood) two pickup toppers, lawn mower sitting on top of pickup topper. 101. Cut all weeds in front, side and rear yar�ls. 11. Store Bobcat inside of building. 12. Secure well pit opening (well pit is hole in ground - concrete top with manhole cover entrance) . 13. Provide guardrail over door on east wall of building or provide new stairway. 14. Complete the siding on structure, remove all damaged siding and replace - seal siding from weather with paint, stain or other appropriate finish. 15. Provide new stairway at front door or renovate existing stairway to meet code. 16. Store heating duct work and flurescent light fixtures, which are laying on east side of lot, inside. � 17. Hazardous excavation - Excavation has been left open for six months without any work, pursuant to State Statutes excavation must be filled in. 18. Replace siding on rear wall (north wall) . 19. If Mr. Henke would like to continue with his building plans he should provide new plans which would include a schedule of deadlines on all work which he is to do. 20. Grade out all mounds of dirt left from excavation and dirt brought to the site provide soil erosion control and seed. 21. Signs - must be approved by Zoning Department and permit issued. cc: Mark E. Bernhardson, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator Michael P. Gaffron, Asst. Planning & Zoning Administrator Lyle Oman, Building Inspector Melvin Kilbo, Police Chief 3 , Seasoning And Storage The final and most important step in firewood prepa- ration is proper storage and adequate seasoning. It takes a minimum of 6 favorable drying months for medium to low density firewood to dry to about 20 percent moisture content.The time of year the wood is cut and the size of the firewood segments can have significant influence on the drying rate. However,total drying time and the final moisture are most profoundly affected by properly stacking and storing firewood to improve drying conditions. Guidelines and Alternatives For Stacking And Stor- ExHI�IT A ing Firewood Outdoors Choose a sunny, open, airy, and well-drained loca- tion for firewood piles. Shady, damp, enclosed areas are not conducive to evaporating moisture (figure 8). Provide a supporting base such as cement blocks or old planks for each pile in order to prevent drawing moisture from the ground and to promote air circula- tion. While stacking, it may be helpful to segregate fire- A standard cord cut into firewood can be slightly wood by species and size so locating a certain kind will less than dimensions here. be easier. Firewood piles are usually stacked in rows 4 to 6 feet high and 8 to 16 feet long. Conventional rows should be situated at least 4 feet apart to allow adequate air movement. Avoid stacking between small trees since swaying may cause the pile to fall. Building the piles' ends up by alternating the direction of the end pieces 4, or stacking between posts set in the ground are two ways to keep a pile neatly stacked. - a' s' Keep the grass mowed around woodpiles so air movement will not be restricted. An alternative method worth considering is to stack firewood"Lincoln" log fashion in columns.Drying col- umns increase the drying rate because air can circu- late freely about the sticks. These are quite easy to make but take more area than a conventionally stacked pile. A little experience will indicate how high the col- umn should be stacked to avoid toppling. Precautions For Storing Firewood Indoors Firewood is normally seasoned adequately out- Cover the top of the pile to shed rain and snow. A doors. Though it is advantageous to store firewood roof need not be elaborate, but it should be well se- indoors for additional drying, this practice can lead to cured. A 3 or 4 foot strip of polyethylene with 2 poles problems. Firewood sometimes contains the eggs or fastened along the edges or heavy tar paper secured by larvae of wood-destroying insects, though their pres- ties or weight will cover the top of the pile. ence may not be apparent. Dormant insects can be- come active if the firewood in which they are hibernat- ing is warmed by indoor storage. If pin-head size shot holes or honeycomb-like galler- ies are present,leave this wood outdoors until it is to be burned. Even firewood that does not have these symp- toms should not be stored more than 2 weeks indoors. �."" - -�. � u 4^fi `• ��;qy�� 'F' p, s :�'�, f� �" .�,�'�� ` f �� .,:� � _,.,�_� ' - _'��S rv 1 S�,'��✓'1� �OL �� H 5. � �,S tYl 'e�Jl a�'�j —>��ocv� '}7(►Q �N 7.1��' (b� �" \ ".`4" �'is�n111`OLS C'��f�1 '�11�J� �1, �� ,; �, r +� "'Y��S i n9 ^15 ''`'`!� ��.,��.5' ��I V (��\ �'...�„� �' 1 � �� S?�►�.LS o� /.�1 .�cr�� 1S'�v3 cv 9 '1►'V?i�� l9� (�� -�,..�. r � �-� �, � ` :��;�� ' '��v�o td -n�c� —��5 /S/ �� ;�.- � � �� ...,L s�� 1.,i ��s-sn d»r,� z a� � •�►1 or,, -►tio o�--rwrlova� �." � A b`� + / £` .: t�- J 0 �,n��'�7r �,C�,�N, — Sf,,�� M .1.�,M�d M�� (�j� .� ✓ � ` � ;� a�� i ,� -a�srvi aao15 1.,� q� �� '�,,� '� �''�',. ' � ": ' � � �� ,� ,� = -�-�`S r,� `a, Q.� s�l�a�� --y�„s�.,' -�°�'s � p�'',�� ! �, � :.� �� A�, ��`� �p z:5�``. � Sl�.s��M -f� �.c�-� j'�1 �Q� � � .:� -a o - SQYI .� 1$Z -Z,1,f 7 �'7 - �2/�-� -.�--v?,� �'.� - � �'?"�.� `Ot ^ � / ::� �� — ��r� �� .Mo� o\ — -��o��oloyy C,(p � -� �- } .:�, � 1 ; �¢� 1S"-, ..'7. } '. � + � � -_- _�: _ __. _ �' '�� >�` - x_ �� : ,�� " �.'�c-�ow►v.c.�+� "'�,� .�- , r� r �-�' �� : �OM�� S w7l✓�•� Gln 7I�'d S'7�r�n��s+M '�r�.vi2�cti7i�.sryw�,� �'�C�O(Y� '"'y�e'� � � � � s 3Z�,� ��vqL 7+o -}.3c+�p � �no,� pcnc�n .. -�p�s c.r� -a.u�ys 1qy C � .� a�-Mv v' 'a.��g ` \ �`�, a ��q•M�� 4�� /v ��,� --a-.�,o -�� .� -�-� << <g � �'y�� ozsN , �1�,c.s s��b�,► �9 �L � �, . :�. � Y` ` ��. k1�- � -'�. � ,, _. "�'�.�ShR� "a,Y�a1S � ��t?.�� S � � zr- � �o �� _ ht`� --'�'-��-a�,-� .rv.v �.rL��a a�d?!t� - N I sn� ��n��t� {'h C,5 �� *�,r., ,p "''' L,y�br ,M tr�'v�j. s v� 5�1`l9, �''`^,°� t�oo� ' S�wa� �tl� -� ��.�a�.- ��. a ',� ��` -�-r+.,Q,� �'�v, j�,b d��/ a v'l. n1 � sN..e,Q 7,1�d s�7�J,.r .._�.�.Y:� ��*� �'�".:: _ �'9v?/H� '�'r�c}�''}� �►�na� 5�,,�� -�'�^n� �s�v�M� (�' fi -� � - �: ` l, � �Y �3es " _ . - . � 'S 'r �i '� 1� � ; ��,�. ,� � i � �� .Mo�� - 3�o��, _ � �,s,,-� c.z � �: ,�� :. � � , � � � �. � - �-: : � :E � ' � �, �� ; �� ;�:��, . . a "' � � � � �� , ' a�s�,.J z �� Sa"�-��v�g/� -1'1V 9 � 4'f��• '��_ � � \ S x-` ��{ � � �f �--�---�--� -Z�7_ �S �9 � -��^ � '��ra� �1 � �' 'J � ��4 'an �_��N� ... �� _ � x I ?� J � , �e' p�4�� T , Y., .. � ��` ,�� ve � -�� , �- .� �' 4. .., � • To: Street File From: Thomas J. Jacobs, Building & Fire Inspector Date: August 26, 1988 Subject: 3536 Lyric Avenue - Site Inspection On August 26, 1988, an inspection was conducted at the above subject property. This inspection was to correct a violation (Section 10.61, Subdivision 5). The inspection went as follows: I went to the property with an Orono Police Officer (Officer L. Tomcheck). We knocked on the door and after sev�ral attempts, finally received a response from Mr. Henke. He answered the door after we told him we �were the Orono Police Department. He opened the door and said, "Why don't you take out your guns and shoot me?" We explained that we only wanted to talk to him about a code violation. He responded with "What?" I then said the vehicles parked in the front yard were in violation of the Orono Code and that removal is required now or citations would be issued. His response was "I need to jump them to start them." I asked how he got them there. He again said he jumped them (inoperable autos?). I said "Start charging the batteries." He said he had to get shoes on. I then said, "OK, we' 11 wait." He made a complaint about small pick-up across the street. This was taken care of while he was getting his shoes on. When he came out, he started questioning about being on his property to take photos. The conversation went as follows: Jacobs: Why don't you clean up your lot and you won't have any problem? Henke: I had the car in my back corner, but you had to go on to my property. You go all the way to the back corner. Jacobs: I don't go on to your property to see any cars. Henke: They have been on my property since. . . Jacobs: What, these things here? Henke: These two here you don't have a problem with and you don't , have liberty to see them. I've got one parked in the back corner, you go on the property. . . Jacobs: I don't go on to your property. Either you move them now, or I will have to issue you a citation. Henke ; I am going to have to get a battery charger on these batteries. Jacobs: Go ahead and do that. Henke: Exactly what will you be happy with? Y 3536 Lyric Avenue August 26, 1988 Page 2 of 6 Jacobs: The ordinance says, "open parking spaces on lots must have a location other than a required yard, except that such parking may be located in a rear yard within 10' from an interior side yard lot line and to within 10' of a rear lot line." Henke: Ok, by rear yard you mean. . Jacobs: That is the rear yard lot line back there. Henke: By rear yard you mean the space past the front yard setback? Jacobs: Past the front of the house. Henke: Right next to where the motor home is sitting there. Jacobs: Yes, but it has to be 10' within the side lot line. It says, "within 10' of an interior side lot line" . So you can have cars parked within 10' of the lot line. That motor home cannot be though, because that is under a different ordinance. Henke: I see. Is there any reason why I can't get a permit to put a fence up across the front of my property? Jacobs: Is there any reason? 42" high is the maximum height. Henke: In line with the front of the house? 6'+ is believe is the maximum? Jacobs: Per ordinance, I would say that you could do that. Yes. Henke: I need to somehow fence things in. I need to get on record at your office. . . Jacobs: How far are you set back from the road? Henke: I don't remember. It is in line with all the other houses on the block. Jacobs: I think in this area you have to go back 35' before you can start a 6' fence. At 35' you can have a 6' fence in the rear yard line. Henke: Is that buildings are considered 35', or even with that house there and there? Jacobs: From your lot line 35' or the front of the house, you have to be 35 ' . Henke: So a 6 ' fence cannot come in the front of the house? 3536 Lyric Avenue August 26, 1988 Page 3 of 6 Jacobs: No. Henke: So if the house is in the back corner, I could put a 42" fence in front of the house? I don't understand. Jacobs: Say this is your lot line. Front of your lot line, 35' in, you can have a fence, past your house. If your house is at 35' , then you are alright, you just go in the back yard. If your house is in front of the 35' setback, then you have to go back 35' from the property line and line up at that point. Henke: What can I do here on my property, Tom, to let people know that I do not what them on my property in a legal manner? Jacobs: You can post signs. But if you have violations, we can always get a search/bench warrant. Henke: I have an eye witness that said she was snooping around in my back yard. She watched her do it. What the hell is she doing in my back yard? How can I keep her. . . Jacobs: Put no treaspassing signs up. Henke: So I have to look like an ass-hole to keep her out of my back yard? Can I just take spray paint and write right on the bui ldings? Jacobs: No. Do it nearly, Chuck. Henke: I am tired of this Tom. I have 11 citations I get to go to court for. Jacobs: Chuck, rather than get another ticket and have everybody on your back, try to make your property neat and orderly, put up a 6' high fence. Henke: I thought I was doing that then all of a sudden she came in here and I wasn't good enough. She is going to cry no matter what I do. Jacobs: What you have to do is don't say anything to the neighbors, they won't say anything to you and clean up your act here. Henke: I want the neighbors to stay out of my yard. Jacobs: Next of all, you have to clean this up. Henke: What am I going to do? I need to work again. I need to make money again. I can not spend my life babysitting this piece of shit Orono dump. It is just that simple. 3536 Lyric Avenue August 26, 1988 Page 4 of 6 Tomcheck: It doesn't take money to cut down weeds. You can do that on your own. Henke: Do you have hay fever sir? Tomcheck: Yes I do as a matter of fact, and I . . . Henke: Have you even tried crawling through crap like that with hay f ever? Tomcheck: Yes, I do it all the time. Its part of my job, I have to do that. Henke: I guess lay people have no choice. Jacobs: The ordinance says, you are the property owner. It is your responsibility to maintain this property. You have not maintained the property. Henke: It is being maintained now better than when before I bought it. It sat for three years. There is 12 years of growth in th back yard. There is sap rings all over the back yard. For 6 years I have cleared that entire back yard. I have done a lot of work on this property, and you know that. Jacobs: There is 6' high weeds back there now Chuck, and we cannot allow that by ordinance. Henke: What does the ordinance say about weeds on steep grades. There are alot of hills of dirt back there that I cannot mow. Jacobs: There is a slope requirement, I am not positive what that is, I would have to look that up. But I don't know that you have that s lope on your yard. I don't think you have that. You can cut them down with a weed eater. Henke: Weed eaters don't get those big weeds. Jacobs: Knock them down and then throw them in the garbage. What you have to do is not try to intimidate the neighbors. Leave the neighbors alone. Clean up your yard, and you won't have a problem. 3536 Lyric Avenue August 26, 1988 Page 5 of 6 Henke: Thats all I ask. Don't you remember 3 years ago, Alice realized that I'm here for the duration and I am staying on my property and things were going just fine. Then this lady moved in, and she commenced calling City Hall. She must call you on a constant basis. She put in the paper that she then began calling. That means to me that she is calling on a regular basis, and we know if I have a legal fire, you give me a permit and go through all the hoops and do that, she is going to call you if she sees that. She calls you every time she doesn't like something. She is not going to like this until I take a bulldozer to it and put up a new house and hire a lawn care service to make the lawn manecured. Jacobs: What can you do with all the stuff out in the front yard here? What can you do with all the stuff in the rear? Henke: In a construction situation like this. . . Jacobs : You have ceased construction. You haven't done any construction for the last 4 months, 5 months. Henke: I just had a cast on my hand, I just had it removed. I had surgery. Jacobs: I understand that. Henke: It is difficult to do stuff. Jacobs: But at that point you have not had any construction going on. Henke: That is correct. The construction has not been going on, however there still is construction that needs to be done. The materials piled in the back yard. . . Jacobs: If you cease construction, you must keep it in the garage. Henke: What do I need to do?. . .everyday? I've got a big pile of materials there that is not going to fit in the garage. I have excavation that is not going to fit in the garage. Jacobs: No. Construction has to start and continue until you are finished. You should be finished soon. You don't have much time left on your permit. Henke: . . . Jacobs: That is true. I agree. You still have to finish off that door, but from then on, you can fill that excavation. I could care less, but you get the construction materials off the property and in the bui lding. 3536 Lyric Avenue '� August 26, 1988 Page 6 of 6 Henke: So the 2x6's that I have sitting there, the 20' or whatever, I am supposed to put in a building somewhere. Jacobs: That is the way the ordinance reads. Henke: So if I continue work on it. . . Jacobs: Continue work or store them in the building. Henke: How fast do I have to do it? � Jacobs: Your permit is going to run out. . . when did you get your permit? Henke: I am not sure when the date was on the permit. Jacobs: You have a year to finish the exterior. Henke: I believe it was sometime. . .I picked up another permit for the addition which changed the size. . so I need to re-permit that. So what do I need to do? Come in and buy the permits or do I need to get a permit to put a shed or garage on my slab like I asked before?. . so I can put some of these things inside. I would like to get a few cars inside. Jacobs: I think you had better come up with a plan on how you are �I going to clean this place up. Some of this stuff isn't construction material. If you come up with a plan on how you are going to straighten this mess out, and that is part of your plan. . .we'll look at it very careful ly and possibly you can get a permit if it meets the City ordinances. Henke: I need more storage indoors. Everything I have outside is a problem but everybody is OK other than me. Jacobs: We' ll be back at noon. OK? 1 i � R - �ITY of ORONO Post Office Box 66•Cryatal Bay,Minneeota 55323•Municipal Officea • � . � � On the North Shore of Lake Minnetonka , August 25, 1988 r ; Charles Henke 3536 Lyric Avenue ' Wayzata, MN 55391 Re: 3536 Lyric Avenue, Orono - Setbacks for Parking Dear Mr. Henke: On August 25, 1988, an inspection was conducted at the above subject property which revealed the following code violation: Ford Pickup, license LAL 174, and Jeep Wagoneer, license 456 BRF, are parked in the front yard setback. This is in violation of Orono Municipal Code Section 10.61, Subdivision 5 (A) which states, "open parking space on lots must have a location other than a required yard, except th8t such parking may be located fn a rear yard within 10 feet of an interior side lot line and within 10 feet of a rear lot line. " � I am writing this letter to inform you that these vehicles must be removed and parked in a location acceptable to the Code. Corrections must be made upon receipt of this letter. Failure to correct this violation will result in citations being issued and the matter referred to the City Attorney for appropriate legal action. If you have any questions on this matter, please contact me at my office. Sincerely. � g� Thomas J. Ja o a, Senior Building Inspector TJJ/tln cc: Mark E. Bernhardson, City Admini�trator ; Jeanne A. Mabusth, Buildinq & Zoning Atlaninistrator Brian Crawford, City Attorney Melvin Kilbo, Police Chief ' Lyle Oman, Field Inspector � BUILDING dE ZONING—473-7357 • ADMIIVISTRATION dc FINANCE—473-73SS • POBLIC WORKS—473-7359 � ASSESSING Tos Street File lro�: Thomas J. Jacobs, Buildinq & Fire Inspectfon Dates August 25, 1988 Subjects 3551 Lyric Avenue - Truck ,Stored Within 10' of Side ' Lot Line On August 25, 1988, I conducted an inspection at the above subject property. During this inapection, I found no truck stored within 10' ot the side lot line. The inspection provsd complaint invalid. � ; Tos Street File � �ro�s Thomas J. Jacobs, Building & Fire Inspection Date: Auqust 25, 1988 Snbjects 3559 Lyric Avenue - Possible Zoninq Violations On Auqust 25, 1988, I conciucted an inspection at the above sub�ect property to verify the followinq violationas ' 1. Outhouae in back yard - invalid complr�int. 2. Broken windows in garaqe doors - not addressed by City Codes. 3. Junk and debris in front yard - invalid complaint. 4. Junk and debris in back yard - invalid complafnt. 5. Daycare licensinq - not required, 6 children maximum. 6. Pile of dirt in front yard - black dirt for qarden, not addressed by City Codes. 7. Unlicensed boat sitting on ground within 10 feet of side lot line - not a safety code violation. Requested owner to move 10 foot from side lot line. , The above ftems wer� checked out after receiving a complaint from a neiqhbor in the area. Al1 but one item is considered invalid. � s �, � � � L50V � I � D �; o �-- , � /U�, �o,-�� Z /� � 9 � 21� ;� �'� l� �� 7�f�C3 . �� . � , � � ��co� -�h � � G�� c/ �- � �— � �/�, �; �"� y�/C � , U'<4-<<� �;; � � /D � �� v 2s s�'RCC ��%^ u/`� � � ��,' ��,�� 3 �� y�lC' �9��, � �.bT AN 4h��"V " � /�n 'G� ✓ '� ��C�,� . a�9 2�`,,� ��s ,�o� ,�.� �� l�.� _ -�? PP'� �� `',.t � " ��.,� `� � .�,, .��:�- � � S L� c. '''�'�, .�vc� ✓L '�,O° .��C,CJ�'�� a�� ^ . � � �� . -�w�� -��-� ��.�� .� ��',� � �� . i;�, � /d ��. ' (�o� ,� v� �l c� C � , : ;li ;: ;,�, ��, - ��,; ;.; ;; i,; , I' . ; , ; �, -- ,i _ _ . ,i _ __ �� __ Ii'. ��_ _ ' ; �?�-:, � I � � .� � c�c� c� odc� �„ � 'I! �� 2� �: _� - � I � � �� 7��3 �9�� - � ,. �� _ �. � '�' �� L y� C ��, / �`2.��c,�i .�-►�.�-�' � � /D' � ��-t�-��` �� 3 ��`�' � �/��C� �U�, �� - � _ , � ;'� ��.�� .��'� � .�� , � _ , � � � i' � � ,;�,.,, ,��,� � i� ''� �� ;' ��✓� � : I�i, - -��a� " •217, _��n.c� . - � ?� � � � �� D �� __ �,�� , _ _ _ _ _ _ _ _ . _ _ __ __ --- - - __ -- --- - --- --- _ __ _ _ __ -- - � ;. � ----------- _ _ ,� -- -- , --- , __ _ -- _ _ __ _ _--- --,=�_��-_ - - �� ` \,\-- -------- + -- --- --- ----__ _ _ _ _---------- __ __ __ __ --- - - --- _ -- --- - - - - - - ---- I _ .__ 's i • 31288.1 TO: Mark E. Bernhardson, City Administrator FROM: Tom Jacobs, Building Official DATI3: August 12 , 1988 SOBJECT: 3536 Lyric Avenue Chronological List Update Enclosed are chronological lists for this property dated July 12, 1987 Hazardous Building Action, November 17, 1987 Junk and Debris - Inoperable Vehicles and May 11, 1988 Chronological List Up Date. - The following is a continuation of these lists . May 9, 1988 Inspection conducted by Lyle Oman found: Cadillac FDA 997 - September 1988 Ford Pick Up LAL174 - November 1988 Chevrolet 439BTR - September 1988 Jeep 456BRF - July 1988 * Dodge RV66381 - ' 87 * Cadillac CJR281 - August 1986 * Boat Trailer D90-035 - December 1987 * two which are unlicensed plus one boat trailer May 11 , 1988 Letter sent by Lyle Oman to correct violations . July 11, 1988 Inspection conducted to verify code compliance - inoperable cars . By T. Jacobs: July 11 , 1988 Letter sent with citation 388-049722 for inoperable vehicle - violation Orono 9. 50 . July 19 , 1988 Mr . Henke was in court for other matters . Requested to be heard on this matter also. Told Judge that all corrections were made. City Attorney was not prepared to hear this case due to Mr. Henke's sudden request to hear the case. Mr. Henke got a continuance for 1 year. No further violations. August 9 , 1988 Received a complaint about weeds 6 feet tall , inoperable cars , junk and debris. T. Jacobs went to site and verified complaint. August 11, 1988 Citations (7) were issued for unlicensed vehicles, weeds 6 feet tall, public nuisance, storage of junk and debris . cc: Jeanne A. Mabusth, Building and Zoning Administrator ' � y TO: Mark Bernhardson, City Administrator FROM: Tom Jacobs, Building Inspector DATS: May 11 , 1988 SUBJECT: 3536 Lyric Avenue - Chronological List Update As per your request I am enclosing two chronological lists for this property dated July 12, 1987 Hazardous Bui ld ing Action and November 17, 1987 Junk and Debris - Inoperable Vehicles . The following is a continuation of these lists . September 3, 1987 Ernst House Mov ers obtain permit to lift existing structure . September 28, 1987 Footing inspection conducted by Lyle Oman. October 12 , 1987 Mr. Henke obtained a permit for addition to existing structure. October 13 , 1987 Plumbing inspection made by Tom Jac obs - All OK - Need plumbing permit. October 23 , 1987 Footing and foundation inspection made by Lyle Oman - Everything OK. November 17 , 1987 An inspection was conducted at the site. Found violations as follows: a) Storage of refuse b) Permitting a public nuisance maintaining conditions which annoy the public c) Junk cars , furniture and etc . d) Exterior storage in residential district e) Improperly storing waste materials f) Not providing an exit November 19, 1987 Letter sent pertaining to inspection - included was a warning citation and notification that corrections were to be made within 7 days . November 25, 1987 Meeting on site with Mr. Henke items to be removed by November 28, 1987 . November 26 , 1987 Letter sent on dead 1 ine dates set at meeting. November 28, 1987 is deadline date . . ' ' . i November 3�, 1987 Citations were issued - 4 in total for following: a) Improper storage of recreational vehicle b) Improper storage of junk and debris c} Not maintaining a legal exit from building d) Improper maintainance of property December 2, 1987 Photos taken by Lyle Oman. December 4 , 1987 Receive call from Mr. Henke that everything was taken care of . Mr. Henke then went to Hennepin County Court at Ridgedale and was given a stayed sentence for 1 year plus Court cost. December 8, 1987 Plumbing permit obtained by Mr . Henke. December 8, 1987 Plumbing rough- in inspection, framing and insulation inspection made by Lyle Oman. Van and car in running condition. December 23 , 1987 Site inspection stairway - OK by Lyle Oman. May 9, 1988 Site inspection conducted by Lyle Oman. 6 vehicles and a boat trailer . Action pending . May 8, 1988 Site inspection by Tom Jacobs. Mr. Henke has not started the addition on the rear of the structure . Work has been slow but progressing . cc: Jeanne Mabusth, Zoning Administrator � � ' y � � TO: Mark Bernhardson, City Administrator FRO1�: Tom Jacobs , Building Official DATE: July 13 , 1987 SUBJECT: 3536 Lyric Avenue - Hazardous Building Action The following events have taken place regarding the above subject property: June 15 1987 I met with Mr. Henke and his contractor. During this meeting we discussed what must be done to the footings and foundation. Mr. Henke, at this time, decided to install a full basement under the structure. I gave him a building permit application. June 18, 1987 I met with Mr. Henke, he had fi l led out a bui lding permit application and submitted it for a permit (footings and foundation) a permit (#6421 attached) was issued after much discussion on if he could live in the structure while the basement was installed. Because of same or similar cases , I told him he could live in the structure as long as a licensed house mover lifts and secures the structure. Also we discussed deadlines for him to respond to, July 30 , 1987 he was to get a letter into the City requesting an extension and that he would complete the work. Mr . Henke then left with his building permit. June 25, 1987 Mr . Henke contacted me on the phone requesting a site inspection of the roof. I explained to him, after I was on the site , that he would have to finish the roof , clean up shingles, install a drip edge, finish siding (corners) , and install stairs which met code. I also explained again that hazardous building action would continue if he did not get a letter in explaining his intentions . June 38, 1987 Mr. Henke brought in a letter stating that footings and foundation would be installed the end of August and completed in September 1987. (Letter attached) I felt that the City must give Mr. Henke every possible chance to perform so I agreed to this as he said he would have the money and time then. � I have not heard from him since. Hazardous building action should be on hold until September 15, 1987. cc : Jeanne Mabusth , Zoning Administrator Kathleen Blatz, City Attorney 1 �� ,- �, � � - � , To: Mark E. Bernhardson, City Administrator From: Thomas J. Jacobs, Building Official Date: November 17, 1987 Subject: 3536 Lyric Avenue - Junk & Debris - Inoperable Vehicles As per your request I am submitting a chronological list of action taken on the above property. April 1, 1983 Received a complaint from Orono Police Department that Mr. Henke was storing junk in front yard and burning without permit. This was confirmed and Mr. Henke was given until April 5, 1983 to correct the matter. July 31, 1984 Letter sent asking Mr. Henke to appear before Council to respond to reports of operating auto repair and abandoned cars on property. Aug. 20, 1984 Letter sent advising Mr. Henke that his scheduled appearance was rescheduled to September 10, 1984. Aug. 22, 1984 Inspection conducted at above subject property by Lyle Oman found the following: 1. Chev Truck Lic. #MP 541 2. Cadillac Lic. #FDA 997 3. VW Bus Lic. #622-605 - Collector 4 . Pontiac Lemans Lic. #EVM 426 5. Snowmobile Lic. #Y 1903 Chaparral 6. Snowmobile Lic. #CN 388 Chaparral 7. Various Car Parts 8. 2 Oil Drums Aug. 27, 1984 Inspection conducted by Lyle Oman found: 1. VW Bus 2. Pontiac Lemans All other items listed on August 22, 1984 had been removed. Aug. 29, 1984 Inspection conducted by Lyle Oman found: 1. VW Bus 2. Pontiac Lemans 3. Cadilac Aug. 31, 1984 Inspection conducted by Lyle Oman found same automobiles as ones listed on August 29, 1984. Aug. 31, 1984 Received letter from Mr. Henke requesting that his appearance be rescheduled. Sept. 6, 1984 Inspection conducted by Lyle Oman found: 1. Pontiac 2. VW Bus Sept. 10, 1984 Letter sent to Mr. Henke rescheduling his appearance to October 15, 1984. Sept. 10, 1984 Inspection conducted by Lyle Oman found: 1. Cadilac 2. VW Bus Sept. 19, 1984 Znspection conducted by Lyle Oman found: 1. VW Bus 2. Cadilac 3. Chev Pick-up . : .. . � � 3536 Lyric Avenue - Chronological List of Action Taken November 17 , 1987 Page 2 of 3 Sept. 21, 1984 Letter sent to Mr. Henke of no progress on: l. Tall grass 2. Storage of junk cars 3. Junk and debris not removed . Sept. 21, 1984 Inspection conducted by Lyle Oman found: 1. Dodge Van Lic. �AEU-873 2. Chev Pick-up 3. Cadilac 4. . VW Bus Sept. 21, 1984 Citations issued for following: 1. Improper storage of junk cars and debris 2. Tall grass Sept. 26, 1984 Inspection conducted by Lyle Oman. No change from September 21, 1984 inspection. Oct. 10, 1984 Mr. Henke was before Council and spoke on the matter. Oct. 10, 1984 Inspection conducted by Lyle Oman found: 1. Cadilac 2. Dodge Van 3. Chev Pick-up 4. Cadilac Lic. #CUR 281 1986 City was continuing with enforcement of footings and foundation. 1987 Oct. 12, 1987 Received complaint on junk cars and debris in front yard. Oct. 13, 1987 Inspection conducted by Jeanne Mabusth & Tom Jacobs found: 1. Camper (Explorer) Lic. #Oklahoma V-71594 2. Chev Van Lic. #LME 266 3. Cadilac Lic. ACJR 291 4. Plywoad - 2 Sheets 5. Some debris Nov. 17, 1987 An inspection was conducted by Tom Jacobs found: 1. Camper 2. Chev Van 3. Cadilac 4. TV, old metal cabinet, washing machine, plastic plant, old push lawn mower and bed spring. The Ordinances which Mr. Henke is in violation of are as follows (copies enclosed) : Orono Municipal Code Section 9.01, Subdivision 2 - Storage of Refuse. Items stored in front yard are considered refuse and must be removed within 7 days. Section 9.21 - Public Nuisance. Mr. Henke is maintaining conditions which unreasonably annoys the members of the public. Section 9.22 - Permitting �. �ublic Nuisance. Enforces Section 9. 21. i . : , , � � 3536 Lyric Avenue - Chronological List of Action Taken November 17 , 1987 Page 3 of 3 Section 9.50 - Junk Cars, furniture, household furnishings and appliances on public or private property. Items stored in front yard, inoperable and unlicensed vehicles not allowed. Section 9.52, Subdivision 2 (8) - Parking of recreational camping vehicles. Mr. Henke's camper is within 10 feet of the property line. Section 9.55, Subdivision 1 - Maintenance of Private Property. It is the duty of the property owners to maintain property in a neat and presentable manner free of junk and debris, etc. Mr. Henke has not maintained his property. Section 10.60, Subdivision 13 - Exterior Storage in Residential Districts. This section does not allow Mr. Henke to store mobile materials and equipment unless in a building or fully screened. Section 10.60, Subdivision 14 - Waste Materials. Also requires waste materials to be stored in building or in container with exception of construction materials. Action taken has been by letter other than in 1984 citations were issued, and Mr. Henke has been brought before City Council on these matters. • � � � , . 81288.1 TO: Mark E. Bernhardson, City Administrator FROM: Tom Jacobs, Building Official DATE: August 12 , 1988 SUBJECT: 3536 Lyric Avenue Chronological List Update Enclosed are chronological lists for this property dated July 12, 1987 Hazardous Building Action, November 17, 1987 Junk and Debris - Inoperable Vehicles and May 11, 1988 Chronological List Up Date. - The following is a continuation of these lists. May 9, 1988 Inspection conducted by Lyle Oman found: Cadillac FDA 997 - September 1988 Ford Pick Up LAL174 - November 1988 Chevrolet 439BTR - September 1988 Jeep 456BRF - July 1988 * Dodge RV66381 - ' 87 * Cadillac CJR281 - August 1986 * Boat Trailer D90-035 - December 1987 * two which are unlicensed plus one boat trailer May 11 , 1988 Letter sent by Lyle Oman to correct violations . July 11, 1988 Inspection conducted to verify code compliance - inoperable cars . By T. Jacobs: July 11 , 1988 Letter sent with citation 388-049722 for inoperable vehicle - violation Orono 9. 50. July 19 , 1988 Mr . Henke was in court for other matters . Requested to be heard on this matter also. Told Judge that all corrections were made. City Attorney was not prepared to hear this case due to Mr. Henke's sudden request to hear the case. Mr. Henke got a continuance for 1 year. No further violations. August 9 , 1988 Received a complaint about weeds 6 feet tall , inoperable cars , junk and debris. T. Jacobs went to site and verified complaint . August 11, 1988 Ci tat i ons (7) were issued for un 1 icensed vehicles , weeds 6 feet tall, public nuisance, storage of junk and debris . cc: Jeanne A. Mabusth, Building and Zoning Administrator . ._. * C ITY of ORONO Poat Office Box 66•Crystsl Bay,Minneeota 553?3•Municipal O�oes • � � � � On the North Shore of Lake Minneto»ka , July 11, 1988 r Charles Aenke 3536 Lyric Ave. �. Wayzata, MN 55391 f ° Re: 3536 Lyric Avenue, Orono - Inoperable Vehicles � Mr. Henke: i � I conducted an inspection on July 11, 1988 to verify that there are no unlicensed inoperable vehicles on your property. Durinq this inspection I found that in your rear yard is a vehicle license #CJR281 which is inoperable. Pursuant to Orono Municipal Code 9.50, a vehicle is inoperable wh�n it has two� or more f lat tires. Your vehicle meets this criteria. Therefore I am issuing you a citation as you have been notified many times , � about this matter. If you have any questions, please feel free to contact me at � my office. _ Sincerely, � Thomas J. Jacobs Building & Fire Inspector TJJ/lh ,` �� . � � �p BUILDWG Jt ZONING—473-735� • ADMaV1STRAT[ON d!FINANCE—473-7358 • PUBLIC WORKS—473-7359 ASSFSSING � y�; • � . . - . . . . _ . • • 4 �'z3 . � , . . :: . - . . F.� �,':.' �� t� � r, 7 i9 ✓ �,��r. '� r, - ,, 3 �� i,�,,� . � . . . . . . , . . , . . , . M .. . S4!'��'�y��, ��L � . � . . � � . � ' . . ' Y n.�Y t . . . . � ' . . � . .. " . � .� .. . . . .. ' •\r.. ' . - ' . _ . �.i i . .. _ . . � w �ir.`!.� ''� . � - . . ' .. . - . - '7 ... � . .. . . � . � � . �n ; _ *v� 0. ✓ �.�y- . . , � . � ., � , . . . . ' . . . . . ... . . . , . . .t .-�/�,.►� � .y_� _— , .— ... . .� - � � . . ..�.a. . � , . ,. . . .. . . �. ,- . . � . . , . � w 1i, � �..�..�. � ,.. —..��_., w�,� ; : 4 ' .� k 7,'yo �: . FIC�SN(10/q{ . TAT60R� � ^ � - .t " � � � � UNIFORM qTAT10l1 NO. ,� �. - �x�.� . .�••.},y�� Th�wbYp aN�ar e1MN IIqE fM 1�M�'ud . . . . � � . 3�—0 4 9 7 2 2 ;':?i�?:� s.a�aramenmm�ew►a�[awwrwunM�r�na . .. • ar a�tOn r.1lcaMa . .. ... . - � . - �..'r' .. {• � .. ORNEII'S LICENSE NUMSER �� . . . �,� �� - I � � .. NAM6—LABT.PIRBT.MIODCFJMAIDEN . . . � � ,. . i � . � _ . �. � . � �. � �., � ....... . ...._.. � ��: � . :,�. - � .. .... , ,,._ ;.: . .�,.. ,- ADONESS 8 CITY . . .... . .. .� �....__...�._..... � -...� . � , . . ._ � F :. a � f �� '� � i I � -� � ;� o�reoFe��H erea new►rt we�o�rt sex � - MO. DAY VEAR � � . . � - � �: . � � � I VIOLATION tl1i011MAilON � � . � �'.. . � OA OF OFFEN6E TIMH A • � � � � f 4 � � I OI 'Q O e � :;�` � � YEMICIE LICENSE PLATE 8TATE VEAR MAKE MOpe� ' . . . . . . . . . . 1'��,,�,. II ( . . � . .- � . � � . . - � �'. � � lOR LOCATION 6 CITY � . . . . , _ �i � � � r 1 I ,��; i �:, � �oRox,�cE No. oemc�r,oe, . : ¢� _ � � I I ! ! � j I . " � �; � . . i . . . . ya. - F � . - . ' ,�,'. W � o i �- ib e � � 4, � . . � 6 Com T. IV. VI7Y . � � � ;� I �i o . � . � � OR PROPERTYE ❑ACCIDENT �CONDITIONS �• � N AI N B N � . - .. .J.1�. � � �� M,� NIO � � � �O r�' � 1 apres to nspond to this citatlon and und�ntand that If I all to do eo w 7 days,eo • � , p�ndtip will ba�ss�aeed and a warrant wlll b�Isowd for my arrest.If e wvnnt Is iosu�d.• • ' i� pentlty°f t30 wlll bs added to the}loa. � : DER@NOANT8810NA7URE � . � � . .�...d.': . . � L r o I �,�` - .�. � �:�.,. . � �r Y'+t . �F:. �Y �` � , j4 ��X � � � � ��L ti _ i IC p � rl i /r2 � -� ' � � � COURT COPY-DO NOT WRITE ON REVERSC - "" . , . ;,,� ;:x � . , . . . . ,`n. . . . . . . . . `�. - . . . � � s..a;�. . � . . . � '..�'+�.. .. . . , . �. ._ _ ._'�, i"� . � .: � � . . . .. ,: �r�' . . . '_ ' . , � _ � � . �t ` � .. . � . � � .. 5 , �y � . . . . . � . � �� _ . �+a z.�.+ n r.. � . . . . . ��t-i n+r,.- . .� . . . . . . . , _ . . .. . � , ,. 't�'.�, .. � C ITY of ORONO Post Office Box 66•Crystsl Bay,Minnesota 55323•Municipal Offices • � . � � On the North Shore of Lake Minnetonka 1 � � �-- - May 11, 1988 / Charles L. Henke �� 3536 Lyric Wayzata, MN 55391 � " Re: Unlicensed Inoperable Vehicles Dear Mr. Henke: On 5/9/88 an inspection was conducted at the above subject property which revealed the following code violations: Storage of unlicensed inoperable vehicles: Dodge R.V. License #R/V66381 . Expired ' 87 Cadilac License #CJR281 Expired ' 86 Boat & Trailer License #D90-035 Expired ' 87 The above is in violaton of Orono Municipal Code Section 9.50. I am writing this letter to inform you that these vehicles must be licensed and operable or removed from the property before 5/25/88. If corrective action has not been made by that time citations will be issued and the mattered referred to the City Attorney for further legal action. If you have any questions, feel free to contact me at my office. � �J�-'Vv�� Lyle Oman Field Inspector cc Mark Bernhardson, City Administrator Jeanne Mabusth, Building & Zoning Administrator Michael Gaffron, Assistant Zonning Administrator 31�homas Jacobs, Building & Fire Inspector Scott Richter, City Attorney Enclosure: Code Section 9.50 LO/lh BUILDING dc ZONING—473-7357 • ADMINISTRATION&FINANCE—473-7358 • PUBLIC WORKS—473-7359 ASSESSING § 10.60 within a building or fully screened so as not to be visible from adjoining properties, except boats and unoccupied trailers less than 20 feet in length, which are not stored for commercial purposes, if stoced to the rear of the house and a distance of 10 feet or more from any property line. Source: Ordinance no. 172 Effective Date: 1-1-75 10.60 Subd. 14. Waste Materials. Waste material shall not be washed into the public atorm sewec system nor the sanitary sewer system without first having received a permit to do so from the City. If said permit is not granted, a method of disposal shall be devised which will not require continuous land requisition for • permanent operation and will not cause a detrimental effeot to the adjacent land. Should the waste be of solid form rather than fluid, the storage area shall be so located and fenced as to be removed from public view. In all districts, all waste mnterial, debris, refuse, garbage, materials not currently in use foc construction or otherwise regulated herein shall be kept in an enclosed building or properly contained in a closed container for such purposes. The owner of vacant land shall be responsible for keeping such vacant land free of waste material and noxious weeds. Subd. 15. Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing ; flooding, or erosion on adjacent properties. Such runoff shall be properly channeled into a storm drain, water course, ponding area or other suitable facility. " Subd. 16. Traffic Control. The traffic generated by any - � ' use shall be channelized and controlled in a manner that w111 avoid congestion on public streets, safety hazards, or excessive traffic through residential streets. Vehicles backing from a parking space shall not back into the public street. No access drive to any lot shall be located within 20 feet of any two intersecting street right-of-way lines. Subd. 17. Radiation, Etc. No actfvities shall be permitte8 that emit dangerous radio activity beyond enclosed areas. There shall be no electrical disturbance adversely affecting the operation of any point of any equipment including but not limited to radio and television reception other than that of the creator of the disturbance. � 3EC. 10.61. SPBCIAL PR04/ISIONS. Subd. 1. Signs as Accessocy Use. Signs are a pecmitted ; - acceseory use in all districts subject to the following regulations: � ORONO CC 379 (4-1-84) i ....... . .__.,� . . �� . .-«.. _ . . . . , , $ 9.50 - SEC. 9.50. JIINR CARS, FQRNITIIRE, HOQSgHOLD FDRNISSINGS AND APPLIANCSS STORSD ON POBLIC OR PRIVATS PROP$RTY. It is unlawful to park or store any �unlicensed, unregistered or inoperable motor vehicle lacking essential parts, household furnishings or appliances, or parts or components thereof, on any property, public or private, unless housed within a lawfully erected building. Any violation of this Section is declared to be a nuisance and upon seven days written notice to the owner, as shown by the records in the office of the County Auditor, of private premises on which such material is found, the City may remove the same and certify the cost of such removal as any other special assessment. For the purpose of this Section, an inoperable motor vehicle shall be defined as lacking, including but not limited to, parts essential to operation, such parts being wheels, tires, motor, drive train, battery, or having two or more flat tires, or having the interior, including the driver's position, used for storage in such a manner that no person can operate the vehicle. S$C. 9.51. ABANDONING A MOTOR VEHICI.$. It is unlawful for any person to abandon a motor vehicle on any public or private property without the consent of the person in control of such property. For the purpose of this Section, a "motor vehicle" is as defined in Minnesota Statutes, Chapter 169. ' SEC. 9.52. PROHIBIT$D QSE AND PARRING OF MOBILE HOMSS AND RFCRSATIONAL CAMPING VSHICLSS. Subd. 1. Definitions. The terms "mobile home" and "recreational camping vehicle" shall mean and include the following definitions, and shall not include any manufactured housing unit bearing a State of Minnesota Manufactured Housing seal or certificate. A. "Travel Trailer" - A vehicular , portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently , identif ied "Travel Trailer" by the manufacturer of the trailer. B. "Pick-up Coach" - A structure designed to be mounted on a truck chassis for use as a temporary dwelling for , travel, recreation and vacation. C. "Motor Home" - A portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle. D. "Camping Trailer" - A folding structure, mounted on wheels and designed for travel, recreation and vacation uses. ORONO CC 224 (4-1-84) CHAPTSR 9 . PUBLIC PROTECTION, CRIMES AND OFFENSES SECTION. 9.01. STORAGE, DEPOSIT AND DISPOSAL OF REFIISE. Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated: A. "Refuse" - Includes all organic material resulting from the manufacture, preparation or serving of food or food products, and spoiled, c3ecayed or waste foods from any source, bottles, cans, glassware, paper or paper products, crockery, ashes, rags, and discarded clothing, tree or lawn clippings, leaves, weeds and other waste products, except human waste or waste resulting from building construction or demolition. B. "Residential Dwelling" - Any single building consisting of one through three dwelling units with individual kitchen facilities for each. C. "Multiple Dwelling" - Any building used for residential purposes consisting of more than three dwelling units with individual kitchen facilities for each. D. "Commercial Establishment" - Any premises where a commercial or industrial enterprise of any kind is carried on, and shall include restaurants, clubs, churches, conference centers and schools where food is prepared or served. Subd. 2 . Storage. A. It is unlawful for any person to store refuse on residential dwelling premises for more than one week. Al1 such storage shall be in five to thirty gallon metal or plastic containers with tight-fitting covers, which shall be maintained in a clean and sanitary condition; provided, that tree leaves, weeds and grass clippings may be stored in plastic bags and tree limbs must be stored in bundles weighing no more than seventy-five pounds and no longer than four feet. B. It is unlawful for any person to store refuse on multiple dwelling premises for more than one week. Such storage shall be in containers as for residential dwelling premises, except that containers, sometimes referred to as "dumpsters", with close- fitting covers may be substituted. C. It is unlawful for any person to store refuse on commercial establishment premises for more than forty-eight hours. Such storage shall be in containers as for residential dwelling premises, except that containers, sometimes referred to as "dumpsters", with close-fitting covers may be substituted. ORONO CC 200 (4-1-84) § 9. 54 � some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. For the purpose of this Section, a utility or glove compartment shall be deemed to be within the area occupied by the driver or passengers. SEC. 9.55. MAINTSNANCE OF PRIVATS PROPERTY. Subd, l. It is the duty of the owner of every vacant property and the owner and occupant of every occupied property to maintain same in a neat, clean and presentable manner free of any junk, debris, refuse, litter, dead trees, or noxious weeds, and to remove all other public health or safety hazards therefrom. Subd. 2. Grass and Weeds. The owner or occupant of every lot or parcel shall regularly cut or otherwise maintain all grass and weeds thereon at a height of not more than six (6) inches, except this provision shall not apply to the following : A. Publicly-owned parks, trails or nature areas. B. Property actively being farmed or used for agricultural purposes in conformance with the Zoning Chapter . �� C. Residential properties in excess of one acre Y gross lot size when located in the RR-lA, RR-1B, LR-lA and RS Rural Residential Zoning Districts, provided that such properties or portions thereof shall be maintained in conformance with this Subdivision upon notice from the City that lack of such maintenance has caused complaints from abutting property owners and is thereby creating a public nuisance. D. Wetlands vegetation as defined in the Zoning Chapter. E. Grass, weeds or underbrush on any slope in excess of 100 percent (45 degrees) . SEC. 9.56. VACANT, DAMAGED OR HAZARDOIIS BIIILDINGS. Subd. l. Vacant Buildings. It is unlawful for the owner of any property to keep or allow to exist any vacant building which is open to trespass or is not secured against unauthorized entry. When an unsecured building is found, the Building Official shall post the premises and shall issue orders in person or by mail to the last known owner of record requiring that the building be secured within 48 hours. Failure to secure the building upon issuance of such orders shall be cause for the City to properly secure the building, to cause the costs thereof to be charged against the property as provided by Minnesota Statutes Section 463.251, and to commence hazardous building proceedings pursuant to �. Minnesota Statutes Section 463.15 et seq. ORONO CC 226 (4-1-84) . � 9 . 52 Subd. 2. Unlawful Acts. A. It is unlawful for any person to park a mobile home or recreational camping vehicle upon public property for human habitation, except in a licensed mobile home park or City-owned campground. B. It is unlawful for any person to park or store a mobile home or recreational vehicle in any "Residence District" for more than twenty-four hours, except in a side or rear yard at least ten feet from any property line. C. It is unlawful to use a mobile home or recrea- tional camping vehicle for human habitation on any private property for more than seventy-two hours without a permit from the City. SEC. 9.53. CONSUMPTION AND POSSESSION OF BSER, WINE OR LIQUOR ON STREETS AND PQBLIC PROPERTY. It is unlawful for any person to consume, or possess in an unsealed container, beer, wine or liquor, as those terms are defined in Chapter 4 of the City Code, on any street or other public property except City parks and other public property when and where permission has been specifically granted or licensed by the Council. Provided, that this Section shall not apply to the possession of an unsealed container in a motor vehicle � on streets or public property when the container is kept in the trunk of such vehicle if it is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. For the purpose of this Section, a utility or glove compartment shall be deemed to be within the area occupied by the driver or passengers. No license or permit shall be granted under this ; Section unless and until the permittee or licensee, as the case may be, has filed with the City a certificate of public liability insurance on which the City or other owner of the property is a named insured with limits of $ 100 , 000 .00 for one person , $ 300 ,000.00 for more than one person and $50 ,000.00 for property damage. Nor shall such license or permit be granted until the permittee or licensee, as the case may be, agrees in writing to pay for all expenses incident to cleaning up all refuse and debris resulting therefrom. SEC. 9.54. CONSUMPTION AND POSSESSION OF BEER, WINE OR LIQUOR ON PRIVATE PARRING LOTS. It is unlawful for any person to consume or possess in an unsealed container, beer, wine or liquor, as those terms are defined in Chapter 4 of the City Code, on any privately- owned parking lot which is clearly sign-posted prohibiting such possession and consumption. Provided, that this Section shall not apply to the possession of an unsealed container in a motor vehicle on privately-owned parking lots when the container is kept in the 11 trunk of such vehicle if it is equipped with a trunk, or kept in ORONO CC 225 (4-1-84) - _�- _ _ _ Photo. ra .hS � �- �.__...___.� , � � .1 , ,� __ ,- ; — r . ,, , ,. - " ,� ;• � �� ' - �� " � s ,.. '� � ,s j �� , s., .. 't,�� i�r. � �•'} ' �;�` + �. � A� / . ��^ »,'� / '`:t., + ` `�^� ��l ;1 �� / . �� , , ��' �� •'K.� ,. � • ..a � T ��.�, t �� :'-';'=�. � ` " __�'� '��_ __--��_ i .� � � - -� �� - 1 �n � � /�� ** �� - , � � ., r . _- . _ f P a � �� .�•�� __Y _' - ' .� � , ..G�� -��--; _ i•- ��. � + i . ;. '' ,� ' }•-�;7 ., �t � � .rp�� .��'i. ��'}r S w . . .. � , ;.t � . .. � . . .. _�:�" '�� h' d . . `•�r` �'", �! . . . ��ty�e � -, . ' ( �?�!`� .�y �:t� � _ :�� ,.�►,• . _ �t �� .. � �.u,. . � _ ...,...,�.,.,.�• ' h�.`�� C{TY OF ORONO . � file� � � � 'Building �f'ue � Zonin� � I . _ ! ��-..��o��.�l..lr(C'- . � .��:.. �, Address . Ownet ��L�E , ;� Phone � Vtolaiion Ordtnance No. � inspectlon Oates� PF��1�A� 1�3t� __--.--� '� � Y�� ` . . .. — —� _ _ _ wR n i�i;�" ?" a--- �r�a:.<v �"'rc r'7 f {-�!°" �" r c'�""�� . . s _ ��,,:��y y'`; � �x•,: �.�a.��i?#, ,��2.. , . .��',�";`�..as°":' �r;�_ � ,'�� ,' � .. i�,�. . . , : �� a +;. .. ^: _ ' � , -- ..... �sf �.A �'�'r'.�.��. -t,. ;J':: :�... ,k�*>.� ��%'.�j '^/� //( � � � �� / / v��A� // � � / � �+ I � � ^ / � n � � v � i �� A � � /i� / � � V � �� , � -��- �rt .-�'� , ��-� - � � , � -�'�-,� ��, 2 ,�� - �--��,� ��-�' �� --� r � ^ � r��"��'?� ✓�i�a-t��,� � .��" �C.��p �+�- � �C -�� . � � � � D � ,�� ,�� -� - �� '.��, ll��cc�L,�" :�'` � � -� }/ � ; .�c�-� ./?�z�� .�d� �� - � ✓�� `��%��/ ��' �'�� i�� .� �� g ,�� .��1 ��_�� :.��.�� ' �i� :� �� .�-�� '�� ^ � .�C , � ,�..� .�� ,��'�y� :��.. , ,��1��'� .�� -Q�� ./��`� ��'�'� ��',�—a��' - /n' � q � I� ��1 V � v ",��''`� - �� .�� "—�.��.� ��,� ` .�� 77 � .�' .-�� / ��-- 1� ��?,tiL� .� -fiQ�� -- �l✓�� r � ��, ��-- 3�� f��A .r,� -�� 4 � ��'� ��;:. `!/�if'� � :.M' � ��1 �2a..0 _ �� , �� ,�� '� �� : � - ��.� � � q �,�'1`':� -'"'��L.�"� .�yt �� .� �` �' �� G� �ti��h��+` ��/� ' � �, - � . � ' � � _ � �G�"r1`�t-��`�"2 %' .�� -�ra � p� , �� - u�K� �s"o �'o�-� Co„r� `c�. : ,$�L � t f p o Drso�a�trL� ��-� � � yOb � � �f� ° � � y°° I�O vG�� , � `� � A�� -��.a � ..��d - � � . �� t Z�So ttil �oY, Cv�,�--� `t��-r� � _ -�, �5 f M � �►v�(�Ec,a t o�._ w�rk`� � S T� B� �o'�> . w2�� boG --� ►�+�,e �a b(� .SE-�' uP � �ov r'}' d y �� — Ra� � Qe��oc��c I �s�c�av� ►� C'av�►x+�c.� ,,�,',�.,t '�� r��- . �� a��S -- �r K �c�S E 0' CITY OF OROAO ARR$ST R$PORT , DATE: Au st 26, 1988 D$Fffi�iDA11T: onald Potas Zt�3�{ ��Oy w+�o cQ - NATQRE OF OFF$N : Failure to Remove Hardcov r • ... � ., ORDINANCS NO. : M icipal Code Section 1 .08, Subdivision 7 ARR$STING OFFICffit: L le Oman, Field I spector DATS OF OFFENSE: Augus 25, 1988 Hardcover wa� to be emove before final inspection on deck per Resolution #2161 (also ot d on permit) . Final inspection on N er 10, 1987. Applicant asked for extension of time to rem e h rdcover. Extension was granted until June 15, 1988. June 15, 1988 - ite inspect on - not removed - left slip qiving 14 days. June 17, 1988 Followed up with etter - June 27 deadline. f June 27, 1��88 - Site inspection - n t removed - 2nd letter giving 7 days ' comp lete (July 5, 1988). July 5, 1988 - Site inspection - not rem ved. July 8 , 1988 - Issue citations per \ Seation 10�.08, � Subdivis ' n 7. f ° A�'gust 25, 1988 - Site inspection - hardc ver still in place�` ��August 26 , 1988 - Issue citation per Sec ion 10.08 , Subc�ivision 7. ., ; r' :�� v�'. \ I . � j �f d' ' ¢11��F�t ',��M I� ��P�i,. `" I / ' ��. � �� 4 � Z ; ,y. ; ,. -•� `a`� ° �, !�. >�` � y;�,,' � .'' £.,`,f . �-,� �,�. , d � ,. , �+ . y� �p , � _ , � -';�. +' .C��'� ♦ a . p i r . . • � r . .: ,� � _`��k�i^� � t; ,� � �, ., � '� � ` •1� {V __ � �_ ;�., � � � 'I+p � ' ` �'"4 ir� � G i 1 � ,�� r: �`'; ` �� \ r �� I 2 "f!!�'�� '��1V � ,�,�a�� . .r6• �.. 1�. �-� _ ,�� t'�Xt '� �i ��-� . . . . , �{ =4, / iai Y.., � ' 't,. e � '�i �r !• � �� ,� � ' �� : ''` ,� '��. '� ` — �� f ', # ;`. �', �� s , . � �' ,��: � � ,,lei.. ��` ` � � —�k !' yk � •; � �� 4 � � � •� �r ri� �� . � � i �� a'� N•.� � I , _..C..+. '�_ � 'W.�r' � �' . � .��Y� i. ��'� • i�� e,y. �r . ' ' � � r� ' ', "r7' ' . l I . � , •5��'�i� ^tM� . , I .� �.. !� �, ..� .. y. � f. S . ��: t`� • . � �- ��y � �{' *T. .~ , 1�lYc.r�� _ �k �.�, , I �� n` � , . � �'� �;�'+ '� `� L�'."--y'`"�'�''r� . ,. ; . . . a� � � }, ,, .;_ ,.,F.. - ' 'S � � , . . �-� � . � . • � f ' v c ..... . � ' .�' �1 I� � �� .-._...,,..u.-•�wn. � r / � M. �- ` e__ p'�� +.1 Y , f,, ' .r:. � - `„`. �i m `�� + . . .. . ' , 'wl i- �.� � : S ,\ ' ` � "j .��p�# .'�' �� 1 ,°�'- ?� ..p, '� �1, M� _kc M � = �. � � 4�: ' �+; f� , S � � ^ . � �A _ _'� � � � .-f.�»t. . c '` ' I � �..� � � � ► � � � :.;. �:- _ . 7 � ;�, � .� �_f- � � i�� , �: ,ti :,; 1 _�� , �"�� _ � .�•± �-- — ;�� , i � �' ,�' �,' i '�.. �:, . �F' `:: !'\'�'�� , y � 1� � .�� 71� ,'� � .�' :�:� �S,�,��,�X + I�= - �� . r . . .�,�� . : �� `,f 1� ✓��: _:,�`` � :;�- ,,- . � . �� ,s_ +,,�►^.� " .�'� T ;�,�, �:°� ` � . .��`` . �� '�' � �f`_:,, R � `i �� ;_ , .» � �. .e 1�. -)J�.:, r� �• � d.`��.� e` � ��,s� �� ,t 111t,' � .Rti ....�a. ... :+.. � . la� ( : .-y�J�� -y�. �`.,�� . '"' - �� r� a `, . , �� R �.� � "� . � � ��.�,�P� �' .:�R; '� , � .^c. � �.'�r�,� � 1 ,,� I RM . .. �'r ,� , , . �.,- +�,� 4 M ; � � � �r� �'_� ``�- < ,3', �` , ; � ��,�� _i ::# "�',�,�'�"�+�i.,��`". � �. �.� � � �`�;w' -' ,�.'•�,�.,�,` _ _' i•,,- . � =��'- �; �F •�^ ��S ' .. , -��,�' � , �� ,� "- �-- �ti < ,�,� . ,. ..- � ,; ,�« '� ��4 .�� '•�t �;.y � !r^ `�' ' , �� „ . �'�:z.. � , � �- ,t � _� . ��iilR��. :� 7 . . .:._. � .�Y,�'{,. _. t • 4Y�r . ti1 _ ..,.� � � :�.� � � ,. : � �f,�`, �,� eR.�,� _ :. #��. � �� ` '��r �i��C:�� ;; - �;; ;a �-� � � �'�+ � r r:►� �' , t ,�'��yr� v,�, +�; �'qw�. � � ,y� ;�•. � {i .� t1 �r� _ ... Wi' .. tqrlC' .., ��-"A�°�'w ��. � t_ ,r1�� +,��. : � j�' �/ ,/�� A,�3 '� u ,�i. ti' . '�x'�y- ' ' "�'�+' �k�i�'.'�l �'�+ �� „ '�k�i. >{� �� ,r,. '�� .1-- t�' t ` �� , . r € e j"�.� '-t ,a � �:"t'�-.� `. .� •� ��,, ,:�, �, V�jqp„�, (X_ TY�1�� •t�r 1��;��y • ' .Y `V"�.�.•�. _'��,,� .��.�'� �t2' f/9t� { '� . 1�`�h`, � �:�1� �..�.:�."'.. .-, . _ �°��'.3��'��.ac�,IL: ..�. i PFIOTOGRAPHS DATE; S-1�- 7�S— � a =�c� P� r�N� �i-i5- 7B' PHOTOGRAPHER; m, K� ��o� �,- �-r�m �.��c.��`� SUBJECT: ###�###### ORIGINALS IN FILE ######a�#### �-,,-s i�`' �� ,�r _ n�-� '�� . 4�.� _'��, . 4� � V/ � - � �`� ' � - - -. -_.• _ — __. - � .r�� . i L. ' .'�%'r �� w~�`;�! . _ .� ;��1 �� r' �:: �+ �r � f�� s zt`��r��i�' ,�� F � '�_ .�� e 'ry y; ' *'� ' ` � .' _ '� —.I .,�*.%r� e 4'�, � y..., w"- `�,\ �� - � �_ -�' ty'rE'+�-.v 4l f� . .��. � `�`�'t �r ++r � a � ..l ��Ar ��r' S �',,�! ��'�"�-_- ��y .�� '� :�t� r},-� R.' � ,r�1 �._=-. h C L� ..`# _.,.,�._ x �� . :� a� :: S ,,,., .._ � � �_ ....r r� ''A'�`.-.. * l � 5 ��+. 'AS 1Y.� ��'� � h � � K� � � � ��. 9:` �rZ4K�� i �-. 'Z�.ti.� ��--'.,� ; -s _ �..�`��'a!'�� w� � �pR.�,�",t �� ..�.. -_ . .� • � -Yf ' ^' __ e��'.. vh ' �� •'��•�� .� - . � ��=��'�r�� ` , ,� �n k-�� •' � � ,. � "�x :� � .� ";�, .��. 4�,�*�';�' ��.�a, �c ` .,�� .; . �• �s:�, . � � � �� r Ir `4 t -��`�_r � �� ... �. _ �.,. � J., .}� �� !V � a{f � .o' 3 �'� +� � c,� ^}4� ��,C .4�h �'�' 'iia+� �"4' �. .. �>�.; � y �" ay y ;�,y„_ . e �"� a�� *�p� �� .. r yy,a�,� az, , ..,�:..'�`� -.,,.«a..°� �.