The URL can be used to link to this page

Home My WebLink About04-24-2000 Council PacketCOUNCIL APR 2 4 im AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 24, ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA I.Approve/Amend APPROVAL OF MINUTES ♦2. Regular Council Meeting of April 10,2000 PRESENTATION BY JOHN BARTEN REGARDING LAKE MINNETONKA WATER QUALITY STUDY PARK COMMISSION COMMENTS - Irene Silber, Representative LAKE MINNETONKA CONSERVATION DISTRICT - Lili McMillan, Representative PLANNING COMMISSION COMMENTS - Jay Nygard, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT 3.#2549 David Lovelace, 220 Big Island, Request for Dock Access - Resolution 4.#2559 Gilbert Genie, 1392 Baldur Park Road - Variances/CUP 5.#2563 Mike and Ruth Filbrandt, 3960 Bayside Road - Sketch Plan Review 6.#2567 Walfred Properties, 2380 Shadywood Road - Commercial Site Plan Review 7.#2568 Willow View Properties LLC-Bancor Group, Southwest Comer of Willow Drive North and Sixth Avenue North - Final Plat of Willow View - Resolution MAYOR/COUNCIL REPORT ENGINEER REPORT 8.Request for Payment #5 - Orono Orchards Sanitary Sewer Project 9.Seasonal Employees for Golf Course 10.Revise 2000 Fee Schedule - Ordinance II.Sanitary Sewer Agreement - City of Spring Park, Dickson Avenue Extension 12.Golf Course Furnace Replacement CITY ADMINISTRATOR’S REPORT 13.Schedule of Upcoming Work Sessions ■. ..V AGEN d A for council meeting set for MONDAY, APRIL 24,2000,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ATTORNEY’S REPORT •14. LICENSES *15. BILLS UPCOMING ISSUES AND EVENTS 2000 04/24 - Council Meeting, 7:00 p.m. 04126 - Board of Review, Wednesday, 7:00 p.m. 04/27 - Council Work Session, 7:30 a.m. 04/27 - Long Lake/Orono Consolidation Study Meeting, 4:00 p.m. 05/01 - Park Commission Meeting, 7:15 p.m. 05/06 - Cleanup Day, 8:00 a.m. - 2:00p.m. 05/08 - Council Meeting, 7:00 p.m. 05/11 - Long Lake/Orono Consolidation Study Meeting, 4:00 p.m. 05/13 - Cleanup Day for Construction Debris Only, 8:00 a.m. - 2:00 p.m. 05/15 - Planning Commission Meeting, 6:30 p.m. 05/20 - Leaf & Grass Disposal Program, 8:00 a.m. - Noon 05/22 - Council Meeting, 7:00 p.m. 05/25 - Long Lake/Orono Consolidation Study Meeting, 4:00 p.m. 05/27- Leaf & Grass Disposal Program, 8:00 a.m. - Noon 05/29 - HOLIDAY - Memorial Day Observance I Public A ttendance Meeting D ate OT E?□□□ C ouncil Planning C ommission Park C ommission Other Pl£ASE^ m OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. 5.->•... ■>;••• NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER j .4, ^ 9 ;^5S7 PiL. Sf S’'? 3/^^ d.^/i 5. V 7 d ,•'* Z cX '^ < r S ■<; if j /y L% UjLfjfX!* rQ^9^'bk-L/^ 6. 7.. 8.. 9. 10. 11.. 12.. 13.. 14. 15. HUiM -I \I i1 mSSTA-- ,.. •",· .. '·I i IIQ1..,. .,._ .. ... ,-ru. ,_""" i K ')SCti • • • • • • . �·/ .............. �,...--. •N•-- .. '" '·, \ �\ I _,,,.,,,.-I,� I '·,_...... .... � ........... I I I ....... t.lJ\E 11U"OON(A �- ✓ • / ·-·- I - -.. /✓• 4800 A 4400 B 4000 C 36W -o 3200 E 2800 F 2400 G 2000 H 1600 I Jio J r.itv nf Ornnn_ Minn,:l�nts:1 I I � ... ; =·· / eboK ----= AGENDA FOR COI.NCIL MEETIN ORONO COUNCll. CHMIBERS, l� (•) Asterisk items are considered to be routin1 under the Consent 1teD1• on the agenda. Me Public Packet • located on the counter near ti ROLL CALL CONSENT AGENDA I.Approve/AmendAPPROVAL OF �ONUT[S •2. Rqular Council �1eeting of April 1PRESENTATION BY JOH.'l BARTE� Rl STUDY PARK COI\ODSSION C0'.\OlEi'aS -Ii LAKE )llN".'"ETONKA CONS ERV A TlC P LANNlN G CO'.\ DOSS I 0'.'i COi\ L'\ IEN'. PUBLIC C0�t\lENTS • (Limit 5 �Ii.Dute ZONING ADMINISTRATOR'S REP OR 3.#25➔9 David Lo \·e\ace, 220 Big l! 4.#2559 Gilbert Gehle, 1392 Baldw 5.#2563 Mike and Ruth Filbrandt, 3 6.#2567 Walfred Properties, 2380 S 7.#2568 Willow View Properties LI and Sixth Avenue 1'orth • I l\lA YOR/COUNCIL REPORT E�Gtm:ER REPORT 8.Request for Payment #5 · Orono 01 9.Season.d Employees for Golf Cow: l 0. Revise 2000 F� Schedule • Ordina 11.Sanitary Sewer Agreement -City o 12.Golf Course f urnxc Replacement c1n· AD�ll�lSTRA TOR'S REPORT 13.Schedule of Upcoming Work Sessi CITY A TT0IU'iEY'S REPORT •14. LICENSES •15. BILLS UPCO�llNG ISSUES Ai� EVENTS 2-Q@ 04/24 -Council Meeting, 7:00 p.m. 04126 -Board of Rm�. Wtdntsday. 7:00 J 04/27 -Council Work Session, 7:30 a.m. 04127 -long Lake/Orono Consolidation Slll 05/01 • Park Commission �1ecting, 7:15 p.a 0S106 -Cltanup Day. 8:00 a.m. • 1:00 p. 05/08 • Council Mcctin&J 7:00 p.m. 05/11 -Long Lake/Orono Consolidation Slll 05/13 -Cltanup Day for Constnu:lion Dtbr 0S/15 -Planning Commission Meetina. 6:3( 05/20 -Ltaf & Grew Disposal Program. 8: 0S/22 • Council Meetina. 7:00 p_m. OS/2S -Lona Lake/Orono Consolidation Stl1 05/21-uaf & Grass Dispo$al Program. 8: 05129 • HOLlDA Y -Memorial Day ObSUVI ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10,2000 COUNCII. MRETI"’" APR 2 4 20uu :2 CU Y c»r ROLL The Council met on the above-mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Charles Kelley, Barbara Peterson, Richard Flint, and Bob Sansevere. Representing staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaf&on, Assistant Zoning Administrator Paul Weinberger, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Wintemheimer. Mayor Jabbour called the meeting to order at 7:00 p.m. PRESENTATION BY AMY KLOBUCHAR, HENNEPIN COUNTY ATTORNEY Mayor Jabbour welcomed and introduced Ms. Klobuchar. Klobuchar stated the City has been assigned a representative in the Hennepin County Attorney ’s Office. They have appointed a lawyer to each city in Hennepin County to help decrease the bureaucracy and make the office more accessible. The City of Orono ’s representative is Carrie Meyer. Meyer has been with the office for many years and has prosecuted sex abuse, child abuse, juvenile, and gang cases. She lives in Orono. If the City’s Police Chief has questions about a case, Meyer will respond to them. Klobuchar stated she also wanted to update the Council on the focus of their office and answer any questions from the Council. Klobuchar put together a set of goals when she became the Hennepin County Attorney. The first issue she focused on was gun possession. They have used a statute regarding felons in possession of guns effectively (such as in the Donald Blum case) and increased the number of cases they charge by 25% last year. The second thing they focused on was the drug and gang area. They have doubled the commitment rate for first degree drug dealers, and have had a lot of major victories in the gang area. The third area of focus, which she stated is more relevant to Orono, is the property team she has established. People in the community were concerned that, while murder cases were being handled, theft cases were falling to the wayside. The County Attorney ’s office handles felony burglaries. Because of the volume of property crimes, they were able to set up team of 7 lawyers whose sole job is to prosecute property crimes. One lawyer is devoted to prosecuting chronic felonies (5 or more break-ins on record). The fourth area is the juvenile area. Of their 69 murder convictions last year (they got convictions on some murders that occurred before last year), 8 were 16 and 17-year-old juveniles. They have focused a lot on schools this year and have assigned liasons to all of the junior and senior high schools. They charge every school crime on a one day basis. They have charged over 700 school crimes across the county this year, most of them were minor offenses. By the holiday break this year they had only 26 weapons offenses, of those only 8 involved guns. L. I.'ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10,2000 »' J Presentation by Amy Klobuchar —Continued and half of those were BB guns. They feel that the police and prosecutors are doing a good job of keeping out kids safe. They have focused on truancy as an indicator of troubled kids. The office also has a child protection division and a child support division. They have brought some of the first criminal prosecution in 30 years against non-custodial parents who owe large amounts of child support, and they increased child support collections in the county last year by 12%. Their offia* is the legal council to the County. The office has revenlly established a web site: www.hennepinattomey.org Sansevere asked if Klobuchar is satisfied with the cooperation her office receives from the cities. She stated that she is satisfied and that they have assigned a full time prosecutor, who is a former sherrif s deputy, to act as a liason between the police departments and the County Attorney ’s Office. Mayor Jabbour thanked Klobuchar for performing a great public service in coming out to speak to the City, and stated that it is refreshing to see someone take the job so seriously. CONSENT AGENDA 1.Approve/Amend Items 3, 4, 5, 7, 8,11,12.14,15, and 16 were added to the Consent Agenda. Item 18 was removed from the Consent Agenda. Flint moved, and Peterson seconded, to approve the Consent Agenda as amended, Vote; Ayes 5, Nays 0. APPROVAL OF MINUTES *2. Regular Council Meeting Minutes of March 27,2000 Flint moved, and Peterson seconded, to approve the Minutes of the Regular Council Meeting of March 27,2000. Vote: Ayes 5, Nays 0. PARK COMMISSION REPRESENTATIVE COMMENTS—DEBORA HALVORSON, ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10,2000 Park Commission Comments —Continued Halverson stated that the Parks, Open Space and Trails Commission met on Monday, April 3, 2000. They discussed the Park Maintenance and Improvements Plan, a lO-year maintenance and capital improvements plan. Each park is listed in the plan with proposed improvements. It has been submitted to the Council for review. The Commission will take comments and concerns from the Council and address them at their next meeting. They would like to invite the Council and City staff to the Annual June Park Tour on June 5, 2000 at 5:00 p m The Parks Commission is compiling a list of past Park Commissioners to go on a plaque that will identify all the people who have served the City in that manner. They have assigned die various Commission members to various active parks in the City. They will watch over the parks and serve as a contact for neighbors in the area. They also addressed the 39 lake access points in the City. They are identifying the attributes and needs of each. They also discussed the Navarre building plan. PLANNING COMMISSION REPRESENTATIVE COMMENTS—DALE LINDQUIST, None. PUBLIC COMMENTS None. ZONING ADMINISTRATOR’S REPORT *3. #2540 Bradley Hoyt, 2523 Kelly Avenue - After-the-Fact Conditional Use Permit and Variances—Resolution No. 4435 Flint moved, and Peterson seconded, to adopt Resolution No. 4435 approving an after- the-fact conditional use permit per municipal code section 10.03, subdivuion 21 and approving after-the-fact variances to municipal code section 10.22, subdivision 2, secHon 10.55, subdivision 8 and section 10.56, subdivision 16 (L) for property located at 2523 Kelly Avenue. Vote: Ayes 5, Nays 0. *4. #2543 Ted Edin, 3025 Casco Point Road—Variance—Resolution No. 4436 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10,2000 *4. U2543 Ted Edin, 3025 Casco Point Road—Variance—Resolution No. 4436- Continued Flint moved, and Peterson seconded, to adopt Resolution No. 4436 granting variances to mmticipal zoning code section 10.03, subdivision 14 (C); section 1Q.22, subdivisions 1 (B)and 2; and section 10.56, subdivbions 16 (C) (6) and 16 (L) (2). Vffte: Ayes 5, Nays 0. ’^5. #2551 Thomas Randgaard, 2765 Shadysvood Road—Conditional Use Permit— Resolution No. 4437 Flint moved, and Peterson seconded, to adopt Resolution No. 4437 granting a conditional use permit per municipal zoning code section 10.55, subdivision 9 (B). Vote: Ayes 5, Nays 0. 6.#2564 William Dampier, 3550 Ivy* Place—Variance The applicant was present. Gaffi-on stated that the applicant wanted to add a two-story entryway addition and a second floor expansion to the existing residence. The first-story walls and foundation would remain. The issues facing the application include the side setback. The minimum requirement for side yard setback is 10 feet. There is currently a 2.9-3.4 foot setback on the west ^.ide of the house. The addition would continue the existing substandard side setback. Lakeshore hardcover within 75-250 feet of the shoreline should be no greater than 25%. Currently the hardcover is at 55.4%. The proposed changes to the house would reduce hardcover in that zone to 48.9%. Also, the lot coverage allowed is 15%. The current house is at 16.8%, and the proposed changes would increase lot coverage to 18.7%. The deck on the lake side of the house has a railing that extends over 6 feet above the grade, hence the entire deck is counted as lot coverage. The Planning Commission reviewed the application and recommends denial of the application primarily because of the lot coverage issue. Since the Planning Commission meeting, the applicant has presented several options for changing the deck so that it would not be considered structural coverage. One potential solution requires a conditional use permit to build a retaining wall within a foot or so of the side lot line to create a terrace that would reduce the drop from the deck to 30 inches or less. Kelley stated he would prefer to table the application so it can go back to the Planning Commission or move on it as it stands. Dampier stated he was willing to return to the Planning Commission. ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10,2000 6.U2S64 WiUiam Dampier, 3550 Ivy Place—Variance —Continued Mayor Jabbour asked if they would have to change the code in order to ignore the deck. Gaffron stated that they should not change the code for one application. They may find a hardship to grant a variance for the deck, but he knows the Council is loathe to grant a variance on hardcover issues. There was some discussion of whe^h.-T or not a deck is massing. Gaffron explained that by code, if any part of the railing is 6 feet or more above grade, then the entire deck is considered massing. Kelley stated that he agrees with that definition of massing. Sansevere asked if it would be considered differently if the railing were removed. Kelley responded that the application really should go back to the Planning Commission. Sansevere stated he agreed. Dampier ' td that moving the deck would change the mass of the house. He added that he has a • . .ere tree in the area where the deck would be relocated if it were to be moved, that would be lost to accommodate the deck. He also stated that he has a wheelchair bound member of his family. If he lowered the deck it would raise issues of ADA compliance. The addition was carefully designed to put everything to ilie back of the house so it would not be visible from the lake. Dampier stated he has a planter, or terrace, already along the deck that consists of a brick face retaining wall. If the wall were moved out 6 inches, it would create a safe fall zone and allow for the removal of the handrail. Flint asked how the terrace would work. Gaffron explained it must be at least 36 inches wide and 30 inches or less below the deck. ^ Mayor Jabbour stated they need a reconunendation from the Planning Commission. Dampier stated he is willing to waive the 60 day deadline. Kelley moved, and Peterson seconded, to require a 60 day extension and for the application to return to the Planning Commission. Vote; Ayes 5, Nays 0. *7. #2565 Peter Scherer, 15 Orono Orchard Road South—Variance—Resolution No. 4438 Flint moved, and Peterson seconded, to adopt Resolution No. 4438 granting a variance to municipal zoning code section 10.28, subdivision 5 (B). Vote: Ayes 5, Nays 0. *8. #2566 James Langhans, 1366 Rest Point Road—Variance—Resolution No. 4439 Flint moved, and Peterson seconded, to adopt Resolution No. 4439 granting variances to municipal zoning code section 10.22, subdivision 2 and section 10.56, subdivision 16 (L) (2). ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10,2000 *8. #2566 James Langhans, 1366 Rest Point Road —Variance—Resolution No. 4439—Continued Vote: Ayes 5, Nays 0, 9.#2567 Walfred Properties, 2380 Shadywood Road—Commercial Site Plan Review Mr. Wally Klus and Mr. A1 Stefanie were in attendance as the applicants and were represented by their project engineer Bob Weiget and project architect Tom Reinen. Walfred Properties proposed to develop the church property located north of the County Road 15/County Road 19 intersection. They are proposing to remove the church building and construct a 2-story retail/office mixed building. The first floor would house a Snyder Drug store and the second story would be for medical office use. The application requires a Zoning Code Amendment to add “drug store as a permitted or conditional use in the B-5 zoning district. The proposed site would include an expansion of the ponding area. The approximate size of the foundation would be 12,000 s.f. The 2-story building requires 105 parking spaces with 28 located underground beneath the building. The project is within the shoreland area of Lake Minnetonka. The north 1/3 and south 1/3 of the property are both within 1000 feet of the shoreline of the lake. The application requires variances to permit hardcover to exceed 35% within these zones. The north 1/3 of the property would have 73.7% hardcover and the south 1/3 would have 62.8% hardcover. A second variance would be required for the front yard setback for the parking area. The parking area is proposed to be 15 feet from the property line where 25 feet is required. Also requested is a conditional use permit that would allow grading within 5 feet of the property lines. The pond extends off the property into the undeveloped Navarre Lane, which is being requested to be vacated at this time. The Lafayette Ridge Homeowners Association owns the east 33 feet of Navarre Lane. The applicants have requested to obtain easements for use of the property. There is a large wetland and pond in the outlot owned by the Lafayette Ridge Homeowners Association. Easements would have to be obtained or the outlot would have to be obtained from the Lafayette Ridge Homeowners Association. Also a utility easement would have to be taken over that area. The City Engineer has stated concerns regarding the grading of the property and retaining walls. One would form the edge of the pond and would exceed 15 feet in UiaiJ ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10,2000 9.U2567 Waif red Properties, 2380 Shady wood Road—Commercial Site Plan Review- Continued height with a portion of it under water. The exposed portion of the wall would be 10 feet. The other would be located along the north edge of the property, and would permit pedestrian traffic from Olive Lane to County Road 19. Finally, four underlying lots would have to be combined into 1 tax parcel. There are no standards in the B-5 code as to amount of permitted signage. Staff has determined that B- 1 and B-3 district standards are suitable for the B-5 zone. This allows 1 s.f. of signage for every foot of frontage along the property line, so this property is allowed 380 s.f of signage. The proposed signage is 350 s.f. at this time. The landscaping plan has been submitted. Green space areas would be vegetated with 20-25 trees, a row of arborvitae along the retaining wall and sidewalk, and some screening between the residential and commercial sites. The Planning Commission had an issue with the proposed pedestrian walkway. They would like to have access to the east of the building or one that is between the two properties. However, staff supported the proposed plan because it does m^e the connectio, eliminates the need for additional removal of green space, and least impacts the pond. Existing utilities in the proposed vacated area of Navarre Lane would have to be rerouted to allow for dredging of the expanded pond area. The relocation of utilities would be the responsibility of the applicants. Staff identified 8 issues for the Council to address: 1.Confirm acceptance of zoning amendment to allow “drug store use in the B-5 zone as a permitted use? As a conditional use? Any specified conditions if it’s a conditional use? 2.Confirmation that Council will vacate all noted portions of Navarre Lane, and rezone the appropriate portions to B-5. 3.Confirm acceptance or non-acceptance of hardcover variances. 4.Confirm acceptance or non-acceptance of 5 foot variance to allow 15 foot front setback for parking. 5.Confirm acceptance or non-acceptance of CUP for grading within 5 feet of lot lines. 6.Discuss landscape plan and define any areas where additional plantings or screening of retaining walls may be necessary. 7.Confirm acceptance or non-acceptance of trail connection proposal in light of Park Commission suggestions. 8.Other topics Council wishes to discuss. ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10,2000 9.#2567 Waif red Properties, 2380 Shadywood Road—Commercial Site Plan Review- Continued Tom Reinen of 4405 Cumberlain Court, Shoreview stated that a single wall system retaining wall is best suited to the pond, and that a tiered system would introduce a weak point. They would use engineered fill in the wall. Flint asked how much the parking would be reduced if they made the building 1 -story only. Weinberger stated a 1 -story building would require 60 parking spaces. Mayor Jabbour stated that the heavy trafllc on County Roads 15 and 19 places a burden on the City and the property owners to create a pedestrian friendly environment in that area. He also stated he is concerned that the applicant may not be able to proceed with their plans if the Lafayette Ridge Homeowners Association won ’t turn over their portion of Navarre Lane. Wally Klus stated that he has tried to contact the Homeo'vners Association and his letters and calls have not been returned. He does not know who exactly to contact concerning the matter. Mayor Jabbour recommended calling Bruce Palmer, former president of the Homeowners ’ Association. Kelley stated the building is too l^-rqe for the lot. Peterson stated she agrees and has a problem with the 5 foot variance. S;;'isevere stated it’s double the allowed hardcover in that zone. Mayor Jabbour stated that .‘/-e plan is over-ambitious for the site. Stefanie stated they could reduce the building to 1 -story for Snyder Drug only. They had proposed the medical offices because they surveyed the neighborhood and found people were concerned that there are not medical facilities nearby. They have signed a lease with Snyder Drug, have obtained all the ftmding needed, and purchased the property. They are very anxious to proceed with the building plans. Mayor Jabbour asked if he wanted the Council to send them back to the Planning Commission so they could return with a 1 -story building. Stefanie stated that due to time constraints they would prefer to bring a new plan directly to the Council. Flint stated that he would have to see the plans for the new building, and that he would like to see a more pedestrian friendly layout. Mayor Jabbour asked if the Council wanted to send them back to the Planning Commission. Peterson and Flint agreed it should go back. Reinen asked for clarification of “pedestrian friendly.” Kelley stated he is concerned with the types of building materials and landscaping used, and how the building will blend in with tlie surrounding neighborhood. Reinen stated the bricks would be the same as in the Council chambers, and the parking lot lighting would be the same as in the parking lot. 8 i ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10,2000 9.U2567 Waif red Properties, 2380 Shadywood Road—Commercial Site Plan Review— Continued Drew McDermott explained that the pedestrian area along the parking lot would consist of an 8 foot sidewalk with a retaining wall on one side and parked cars on the other. They would prefer the parking curb to be moved further from the sidewalk and a railing placed along the sidewalk so cars cannot overhang it. He proposed a walkway along the pond that would not require stairs. It would result in the loss of 2 parking spaces, but would save some large oak trees. The proposed path would reach the street at the intersection where stop lights are located. Kelley asked if they didn t change the footprint of the building, could they push it to the north, leaving more green space between them and Culver s. Reinen stated they could. Mayor Jabbour stated that he liked the new trail idea and wondered if the pond could be reduced to accommodate it. Moorse stated that the N.U.R.P. pond was built to protect nearby wetland from runoff. Kelley stated he would look more favorably on the application if the building is reduced in size and would like to see them do something about the front yard setback. Mayor Jabbour stated the Council was sending the applicant back to the Planning Commission. They should return with a 1 -story building, parking reduced to 60 spaces, the pedestrian trail proposed by the Park Board, and remove some of the parking from the northwest comer. It was agreed that the applicant be allowed to submit the new plans on Friday, April 14, 2000, and that it would appear on the next Planning Commission meeting in one week so that the applicant can avoid losing Snyder Drug. The applicant agreed to contact the Homeowners Association. Staff will send a letter extending the application review period an additional 60 days. Mayor Jabbour moved, and Flint seconded, to send the application back to the Planning Commission so that the applicant could revise the proposed building to 1- storv', reduce the number of parking spaces, and increase the amount of green space. Vote: Ayes 5, Nays 0. 10.2000 Joint Use Dock Licenses Gaffron stated they have received applications from 12 joint dock users. The docks are inspected annually. They recommend approval for all of the licenses. Kelley moved, and Sansevere seconded, to adopt Resolutions 4440 through 4451, directing staff to issue joint use dock licenses to Big Island Inc, Forest Arms HA, Bohns Point/North Shore Homeowners, Fox Hill HA, Minnetonka Power Squadron, ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10,2000 10.2000 Joint Use Dock Licenses—Continued Pheasant Lawn HA, Walters Port Maintenance and Improvement Association, Victoria Estates and Kelly Cove HA (subject to completion of covenants) for the period of January 1, 2000 to December 31, 2000; and to Sandy Beach, Carlson/Nelson/Gage and Big Island Vets Camp for the period January 1, 1999 to December 31,2000. Mayor/Council Report, Items 11, and 12 appear after Item 13. ENGINEER REPORT 13.Concept Plan for an Access Road East of Townline Road Gappa stated that the neighbors have been working with Orono, Medina, and the railroad company to find a solution to the Townline Road access issue. There are 4 properties in Orono and 1 in Medina that currently have access to Highway 12 via a shared driveway across the Burlington Northern Railroad tracks. The Railroad would like to remove the crossing and Mn/DOT wants to eliminate the driveway access to Highway 12. An access road from Townline Road to the properties is the best solution. Mn/DOT has offered to pay for the road construction provided the Cities and property owners provide the necessary Right-of-Way and easements. Townline Road crosses city lines between Medina and Orono. The goal is to get this to the Planning Commission next month and have the preliminary and final plat approval by July 1,2000. Gappa stated that the zoning code states 3 houses require a road, but he questioned if that was necessary since the homes have shared a driveway for years and no more houses will be built off that road. Staff recommendation is to allow a private driveway to serve these houses. Medina has stated that Townline Road will be a public road, and he recommended that the cul-de-sac in Orono also be a public road and that it has the same width as the Medina section. He also stated that Orono and Medina have agreements for the switching of road plowing and the best solution would be for Orono to plow the road in exchange for plowing of another road. Medina would take care of other maintenance, such as sweeping and patching. Kris Rudd of 601 Park Lane, Long Lake stated that she and her neighbors planned the road and feel it is a good idea. Jane Slaughter of 4545 Wayzata Boulevard, Orono mentioned that the Railroad had 1 r ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10,2000 13.Concept Plan for an Access Road East of Townline Road —Continued agreed to pay for one of her neighbor ’s driveway extensions. Mayor Jabbour stated that the neighbors, Medina, Mn/DOT, and the Railroad came up with the proposal. The neighbors want to know if Orono will cooperate through platting and subdividing, and would they make the new access road in Orono a public road. This is an area of the City where new roads are supposed to be private. He stated that if it does not cost the City anything, they are happy to make this a public road. Ed Otto, a land surveyor working for Kris Rudd, stated that they anticipate the Kearns property and the Rudd property that's in Medina will be a regular 505 subdivision plat. He doesn ’t see that working quite as well in Orono and would like to see them use a State Statute 164 right-of-way plat. Mayor Jabbour asked who will build the road. Gappa stated it would be built by the property owners through a development agreement. Otto stated he would draw the plans. MAYOR/COUNCIL REPORT Mayor Jabbour asked the Council to pass a resolution recognizing Dave Childs’ contribution to the City of Orono. Sansevere moved, and Peterson seconded, to pass Resolution No. 4455 commending Dave Childs for his outstanding service to the City of Orono. Vote: Ayes 5, Nays 0. ENGINEER REPORT, CONT. *11. Webber Hills Sanitary Sewer Project A.Declare Cost to be Assessed and Order Preparation of Proposed Assessment—Resolution No. 4452 B.Schedule Assessment Hearing—Resolution No. 4453 Flirt moved, and Peterson seconded, to approve Resolution No. 4452 declaring cost to be assessed and ordering preparation of proposed assess^jent for the Webber Hills Saniatary Sewer Project. Vote: Ayes 5, Nays 0. Flint moved, and Peterson seconded, to approve Resolution No. 4453 scheduling a ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10,2000 *11. Webber Hills Sanitary Sewer Project —Continued hearing on the proposed assessment for the Webber Hills Sanitary Sewer Project. Vote: Ayes 5, Nays 0. *12. Award Contract for Highway 12 and West Femdale Lift Stations Flint moved, and Peterson seconded, to award the contract for the West Femdale/TH12 Lift Station Project to Ford Construction Inc., Excelsior Minnesota in the amount of $305,886.00. Vote: Ayes 5, Nays 0. *14. Authorization to Submit an Application for MCES I & I Grant/Loan Program—Resolution No. 4454 Flint moved, and Peterson seconded, to approve Resolution No. 4454 authorizing the submittal of an I/I reduction grant from the Metropolitan Council environmental Services. Vote: Ayes 5, Nays 0. CITY ADMINISTRATOR’S REPORT *15. Disposal of Property Flint moved, and Peterson seconded, to approve selling out-of-service squad cars to the highest bidder. Vote: Ayes 5, Nays 0. *16. Investment Report The investment report for the year ended December 31, 1999 —information item. No action required 17.Scheduling of Council Work Session The City Council scheduled a Work Session at 7:30 a.m. on Thursday, April 20,2000. CITY ATTORNEY’S REPORT There was no City Attorney’s Report. 12 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10,2000 18.LICENSES Kelley moved, and Peterson seconded, to approve the following licenses. Sansevere abstained from voting. Vote: Ayes 4, Nays 0. RESIDENTIAL KENNEL LICENSES 1.Robert K. Sansevere 745 Orchard Park Road 2.John Redmond 2695 Casco Point Road *19. BILLS Flint moved, and Peterson seconded, to approve payment of the All Funds Account Vote: Ayes 5, Nays 0. ADJOURNMENT Mayor Jabbour moved, and Peterson seconded, to adjourn at 9:25 p.m, ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor COUNCIL MEETING /^PR 2 4 2000 REQUEST FOR COUNCIL ACTION QJIY Uf OHUlYU Date: April 21, 2000 Item No.: ^ Department Approval:Administrator Approval: Name: Michael P. GafTron Title: Senior Planning Coordinatoriitd Agenda Section: Zoning Item Description: #2549, David Lovelace, 220 Big Island - Request for Dock Access Zoning District: RS, Seasonal Recreational Summary of Request: Request for Council approval to locate a seasonal dock at one of the dedicated unimproved right-of-ways on Big Island. Applicant owns one of the inland parcels which do not abut the lakeshore. List of Exhibits A - Resolution B - Letter from William & GayLinn Liljemark 4-19-00 C - Memo & Exhibits of 4-12-2000 Planning Commission Recommendation Planning Commission reviewed this item at the April 17 meeting. Planning Commission voted 5-0 to recommend that applicant be allowed to construct a seasonal dock extending from the 90'-wide right-of-way that is located near the NE comer of applicant ’s property between Lots 38 and 39, Morse Island Park. Planning Commission further recommended that the owner of 130 Big Island be allowed to share the use of this dock if applicant agrees, but that the owner of 130 Big Island should also be allowed separate dock access at this location if such formal request is made in the future. Planning Commission further recommended that in regards to future requests for access to inland lots on Big Island, the staff recommendation provides a suitable guideline for such approvals. Discussion Please review the staff memo and exhibits of April 12. Briefly, staff has concluded that there are two primary dedicated right-of-ways that are suited for installation of seasonal docks to serve inland lots (Accesses C and D on 4-12-00 Exhibit D-1). Further, there are two primary- access points where vehicles can easily access the island (Accesses C and H). The portion of Access C that is suited for vehicle access is mostly on private property, leaving Access H as a primary and necessary vehicle #2549 - Lovelace, 220 Big Island April 21,2000 Page 2 access point. However, Access H has a recent severe erosion problem that will be addressed by staff in ihe near future, i.e. by doing some physical repair of the access and bringing to Council a proposal for limiting the use of this access point. The City received a letter from the Liljemark's, owners of Lots 34-35, on April 19 (Exhibit B) opposing the use of Access C as an access point for this applicant. That letter brings up a number of points worthy of comment: Access C is about 200 ’ from the NE comer of applicants property. Access D, the other location where docks for inland lots may be feasible, is about 300 feet from the SE comer of applicant’s property. Staff has no knowledge of the applicant’s intended building site within his property, which is about 150 wide and about 1000' long. -Staff has yet to find any record of formal Council action prohibiting motorized vehicle traffic on the Island, although such an action would seem appropriate given the apparently increased level of motorized vehicle traffic on the Island. The two residents referred to as “already using” Access C “who have property adjacent to the site” have no formal right to have a dock at Access C, nor have we received a request for such use. There was no “already permitted dock site” for applicant’s property at the time he purchased it. The only property for which the Cit>- has formally granted access under Section 10.31 Subd. 5 is the property at 230 Big Island (Parcel 3 on Exhibit D-1) at Access D. Staff has had a surveyor stake the north and south lines of Accesses C, D and H which are the three most used access points to the Island. It was found that the dirt road at access C is mostly on private property (Lot 39) and hence users of that access for vehicular access likely would be trespassing. This does not preclude the use of the access for 1 or 2 seasonal docks, and staff believes there is sufficient walking access adjacent to the wetland area to make this a viable dock location. Staff Recommendation It has been staff’s intent to not only reach a conclusion on the Lovelace request but to provide some direction for future access requests. Based on our review of the access sites, the topographic and other limitations of each site, and the locations of the inland lots which may request access in the future, staff recommends as follows; Inland parcels 1 and 2 (Scheftel, Lovelace) should be allowed dock access at Access C. Inland parcel 3 should continue to be allowed a dock access at Access D. Inland parcels 4 thru 8 should be assigned future access at Access D if they request it, subject to LMCD regulations. Inland parcel 9 could be served by a dock at either Access D or Access E; E is closer but presents more topographic difficulties. #2549 - Lovelace, 220 Big Island April 21,2000 Page 3 Accesses A, B, F, G, and H do not readily lend themselves to providing dock access to inland lots and should therefore remain dock-free. Access H has a recent severe erosion problem which needs to be addressed, and may result in gating or closure of that access by the City for all but emergency and incidental service vehicle uses. I have also included a draft version of the proposed Comprehensive Plan language discussing Big Island for your review - it may add to your understanding of Big Island issues. COUNCIL ACTION REQUESTED Adopt the atached Resolution which grants conditional approval to the applicant for installation of a seasonal dock at Access C. r I X a k r —>■igiii I I III II1 i I ^iMl p I A RESOLUTION PERMITTING A PRIVATE DOCK ON PLATTED UNIMPROVED RIGHT-OF-WAY BETWEEN LOTS 38 AND 39 MORSE ISLAND PARK BIG ISLAND -FILE #2549 WHEREAS, the City of Orono has received a request by David Lovelace (the "applicant”) for a private dock on platted unimproved right-of way located between Lots 38 and 39, Morse Island Park on Big Island to serve as access to inland property located at 220 Big Island (also known as Big Island Record Lot #8) and legally described as follows: (Exhibit A attached); Also described as: PINS #23-117-23 23 0028 (hereinafter "the property"); and WHEREAS, Section 10.3 1, Subdivision 5 of the Orono Zoning Code allows owners of inland properties to request approval of a permit for the installation of a private dock on unimproved platted right-of-way on Big Island to serve as access for said inland properties; and WHEREAS, the City Council is authorized to approve, deny or place restrictions on such permit based upon public health, safety and welfare considerations. NOW, THEREFORE BE IT RESOLVED that a private seasonal dock is permitted on platted unimproved right-of-way located between Lots 38 and 39, Morse Island Park to serve the property, with the following conditions: 1. 2. 3. 4. Length of installed dock extended from the shoreline shall not exceed 100'. Setback from the extended right-of-way boundary lines: a.0-50' from shoreline: 10' minimum b.50-100' from shoreline: 15' minimum c.Final location subject to approval of Public Ser\'ices Director. Dock sections not to exceed 6' in width. One boat slip only, allowed for applicant’s use only. Page 1 of 3 5. 6. 7. A lateral dock section at the shoreline may be installed to facilitate pedestrian access over/around the existing ice ridge at the shoreline. The owner of the adjacent inland lot at 130 Big Island (Record Lot #10) may also share in the use of said dock (one boat slip only for 130 Big Island) as long as such use is acceptable to the applicant. At such future time that the owTier of 130 Big Island requests that the City Council approve a separate dock to serve said 130 Big Island independently from the dock serving 220 Big Island, it is the intent of this City Council to allow a second dock at this same location between said Lots 38 and 39 to serve 130 Big Island. No dock canopy shall be erected over said dock. The permittee agrees to maintain the area in a neat and presentable manner at all times and agrees to hold the Cit>- harmless forever from any and all claims resulting from actions ^ a result of the issuance of this permit, use of the right-of-way, or use of the dock while this permit is in force. Should there be any other requests from inland property owners to use this site for the installation of a dock to serve their properties, this permit is subject to review and or revocation at the discretion of the City Council. Further, this permit may be revoked by Uie City ^y time for any reason in the future upon review and revocation by the Orono City Council. The City of Orono further reserves the right to review this permit for any reason as deemed appropriate. The applicant agrees to to remove all structures within 30 days of permit revocation or termination and if no removal occurs, agrees to an assessment of the costs of removal against the property, This permit runs with the property, not with the owner, subject to all conditions and restrictions noted herein. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 2 of 3 Adopted by the Orono City Council on this 24th day of April, 2000, ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 24th day of April, 2000, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of said county, personally appeared , 2000 before me a Notary Public within and for known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 3 of 3 : 1 .. f , .•op 1 4/17/00 Dear Planning Commission,GU Y wi iC.'jO This note is in regards to the #2549 David Lovelace application for a dock permit between lots 38 and 39 on Morse Island Park. As owner and part time resident of Lots 34 &35 for the past 25 years, I am opposed to this application. If the applicant has a permitted dock access, I see no reason to increase the congestion more than a quarter mile away from his proposed building site. Theoretically, there is supposed to be no motorized vehicular traffic on the Island (at least there were signs to that effect all over the island for many years). Obviously, to build or to haul larger things to the island especially In the winter most folks out there understand the island problem. Unfortunately, these days of the four wheeler have in part destroyed the tranquillity I once knew. It would be highly unlikely that Mr. Lovelace would not contribute to more four wheel traffic or other motorized traffic given the location of his property and the proposed dock site. Furthermore, there are already two residents using that dock site who have property adjacent to the site. This new dock will simply increase the congestion at this point, but will not affect Mr. Lovelace, only his relatively distant neighbors. Please deny this request and allow Mr. Lovelace the already permitted dock site. He knew where the permitted dock site was when he purchased the property. Sincerely, William i GayLynn Llljemark 3 To: From: Date: Chair Hawn and Planning Commission Members Mike Gaffron, Senior Planning Coordinator April 12,2000 Subject:#2549, David Lovelace, 220 Big Island - Request for Dock Access Note: This item was tabled by Planning Commission on 1 1 -1 S-99 to allow the Big Island property owners time to review the options and hopefully reach a neighborhood consensus on a dock location. The intent was to have this resolved by mid-April. There is no consensus forthcoming from the neighborhood. The City is obligated at this time to resolve this issue for the applicant. List of Exhibits A - Planning Commission minutes 11-15-99 B - Staff memo and selected attachments 11-9-99 C - Letter from James Ogland 11-12-99 D - Staff sketches: D-1 : Platted access locations D-2: schematics of access points C & D E - Original plats of Morse Island Park and Morse Island Park Second Addition F - Section 1 0.3 1 Subd. 5 - RS District: Private Improvements in Public Right-of-Way G - Photos H - Draft Comprehensive Plan Language for Big Island Staff Position on Access for Inland Lots: The plat of Morse Island Park in 1887 created many lakeshore lots, a lerser number of inland lots, and an interior right-of-way system with a number of alleys, roads and public areas extending from it to the lakeshore. The inland lots undoubtedly were expected to gain access to/from the lake via the platted right-of-ways. The plat of Morse Island Park placed the two widest and most expansive public rights-of-way at relatively low points in the topography where access by foot or horse-drawn vehicles was most feasible in summer and winter. All of these right-of-ways were “donate(d) and dedicate(d) to the public use forever” on the original 1887 plat. Since most of the lots abut the shoreline, use of the interior roadway system would presumably have been primarily by the ow ners of interior lots, and by owmers of lakeshore lots with shoreline slopes that prohibit direct lake access. The members of the general public who did not own property on the island would presumably have only minimal occasion to use the right-of-ways; nevertheless, they were dedicated for public use rather than for private use. The largest of these public access points, “Bay Place”, originally had approximately 200' of shoreline plus a lagoon. At some point prior to the I970's, the northerly 150' of “Bay Place” was apparently vacated and the vacated portions attributed to Lots 2 1 -22-23. We have yet to unearth records of this vacation, if they exist. #2549 220 Big Island - Dock Request Page 2 None of the road right-of-ways on Big Island have been improved by the City. These platted corridors exist today as undeveloped walking trails which on occasion are used for vehicular access. There is no pavement, no graded or improved road base, and some of these pathways wander outside the dedicated right-of-ways. Most right-of-way boundaries arc not visibly marked except by the occasional survey pin or marker. The general public walking on the island would not generally know whether they were strictly on public or private property. However, utilities (electric, phone) are generally located within the right-of-ways on the Island. Inland pronerties need lake access. Lakeshore property owners with inaccessible shorelines may also need lake access. The primary summer accessability to the Island is by boat. Inland lot owTiers need a place to land a boat in the summer. It is not unreasonable to provide a location where inland lot owners can dock a boat for extended periods while they are on the Island. However, owners of lots abutting the lakeshore should not be burdened with providing this access to the inland owners. At the same time, it is not reasonable that inland lot owners should have the ability to hinder the public’s use of the right-of ways or access points. The private uses and public uses of the intended access points must be located and achieved in a manner that will avoid use conflicts. Zoning Code Section 10.31 Subd. 5 recognizes the special access needs for Big Island inland lots and establishes regulations for where and how the Island right-of-ways may be used. These regulations apply qt^ to the RS District, hence any concern about setting a precedent for the 'mainland’ is alleviated. The table on the next page provides a brief analysis of the capabilities and problems associated with each of the dedicated roadways w hich might be used for inland owner access. LMCD Regulations Impact Use of Right-of-Ways for Pocking On April 10 staff discussed the use of right-of-ways for docking with LMCD Executive Director Greg Nybeck and LMCD Attorney Charles LeFevere, yielding the following information: -Any ‘existing site’ qualifies for 2 watercraft regardless of shoreline length if platted prior to 1970. -Therefore, the 90 ’ site ("C" on Exhibit D) could have 2 watercraft and the 50' site could have 2 watercraft. Technicaily. each of the other access lanes could also have 2 watercraft, but the width becomes an issue for meeting required dock setbacks. -A potential option is to do a credit transfer: add the widths of all City-owned accesses on Big Island and do a multiple dock situation at one site; this would allow a number of slips at the designated site equal to the total shoreline length divided by 50*. The upside is that this would allow for transfer of access rights from unusable accesses to those that are usable. The downside is that 5 or more watercraft at one site would require a multiple dock license. -Per LMCD code. For sites 50' w ide or wider; side setback for a 50 ’ long dock = 10*. For sites narrower than 50 ’; side setback may be reduced to 5 ’ if adjacent dock use areas are not impacted. #2549 220 Big Island - Dock Request Page 3 Acccm Site Inventory ; Rieht-of-wav Kev Width Comments A (N. End Lawn Avenue) 33'Fairly exposed, remote from most properties it could serve B (E. End Tooisit Avenue) 33’4'+ steep bank up to more level ground; there were dock sections stored at this location, apparently has been used for a private dock previously; as remote from inland lots as Site A; not suitable for vehicles C (Main Access)90' +Flat, wide road right-of-way leading from shoreline to inland right-of-ways, by far the widest and historically most used vehicular access for the Island; has an informally established dirt ‘road ’ leading to the interior right-of-ways; site is more than wide enough to accommodate a small number of conforming-setback seasonal docks for inland owners while not blocking vehicular access; downside is that an old ice ridge with mature trees is along most of the shoreline, with a wetland area behind it; use of access for docking during high water might require dock sections parallel to shoreline to avoid climbing over the ice ridge D (Bay Place Lagoon Access) 50 ’±3-4' lakeshore bank, not suitable for vehicular access but appears to have potential to accommodate a small number of conform ing-setback docks; walking access to inland lots very feasible; this appears to be the most likely site for docks for inland owners on the south end of the island E (Meadow Lane East Extension) 20*10-15* bank at shore, not suitable for vehicular access and would require a substantial stairway system to be usable for pedestrian access F (Meta-Comet Ave South End) 33'Fairly level at shoreline, climbs steeply once Lakeview Avenue is reached; plat maps unclear as to whether right-of-way currently extends to shoreline; although original 1887 plat road does not extend to shoreline. 1922 replat shows shoreline closer to road than original, and current County plat maps suggest shoreline may extend into right-of-way; may have some potential as a vehicular access for properties at the south end of the island F-2 (Massasolt Avenue South End) (33)According to original old plats and current plat maps this right-of-way does not extend to the lakeshore. G (Massasolt Avenue West End) 33'Steep but relatively pedestrian-friendly access point; not usable for vehicles, some potential for perhaps one inland-owner dock, historically has provided walking access primarily for the abutting property to the south H (Meadow Lane Alley)16'Narrow right-of-way capable of vehicle access; gentle slope rising from shore has suffered severe erosion from recent over-use and abuse; functionally too narrow to have a dock that meets minimum LMCD/City setback requirements while still maintaining usability for ^ ehicles; capability for vehicular use should be maintained for service or emergency use, how ever, the regular use of this site for vehicles needs to be curtailed and erosion control measures taken. #2549 220 Big Island - Dock Request Page 4 Discussion Staff spent an afternoon on the Island in late March to view the access locations. Photos were taken and an attempt was made to determine the boundaries of each of the two larger accesses (”C" and "D" on Exhibit D-1). Staff was unable to locate comer pins, hence the City has hired a surveyor to mark these access boundaries. We anticipate he will be out on the Island the week of April 10-14; no word as of this writing. However, the comments in the table above are based on our inspection. Only two of the eight platted access locations, C and H, are readily suited for motor vehicle access (across the ice in winter or from a barge in summer); the others have topographic limitations, and in the case of "F" there remains a question of whether the right-of-way reaches the shoreline. Accesses A and B are relatively remote from all but the northerly inland lot (Scheftel, parcel 3 on Exhibit D-1), and would not seem to provide a reasonable access point for the Lovelace site (parcel 2). Access C is wide enough to handle docks for each of inland parcels 1 and 2 without limiting vehicular usage when necessary. The only issue at access C is that due to the ice ridge between the shore and the wetland behind it, a dock section parallel to the shore may be necessary to provide walking access to the flat landing area (see Exhibit D-2). Access D (Bay Place) is similarly wide enough to handle two docks for the inland lots. The shore has a slight rise so a low stairway would likely be needed. There is no visibly defined walking corridor within this access, but rather it appears to be maintained as lawn for the cabin on inland parcel 3. Access D is used by the owner of parcel 3 for a dock via City Resolution 2038. Access D could provide suitable dock access for additional inland lots 4 thru 8, although more than 2 docks or slips may require special LMCD approval. Access E would require development of a 10-15* high stairway, and therefore is not readily functional as a dock site. Access F has some potential for access, but is relatively remote in both distance and topography from the only inland lot it might serve. Access G has a steep but pedestrian-friendly path leading to the cabin on the adjacent property to the south, but is remote from most of the inland lots that might need dock access. Access II is the narrowest of all platted accesses in Morse Island Park and cannot functionally support a dock while still providing emergency or occasional vehicular access at the same time, and would also not meet LMCD dock setback regulations. Staff would not support provision of a dock at access H for this reason. Finally, for the same reasons the City ordinances for the ‘mainland ’ prohibit accessory structures on lots without principal structures (i.e. security, site control, and maintenance) it is appropriate to have assigned dock access points located as near to the inland lot they ser\ e as possible. #2549 220 Big Island - Dock Request Page 5 Staff Recommendation It has been staffs intent to not only reach a conclusion on the Lovelace request but to provide some direction for future access requests. Based on our review of the access sites, the topographic and other limitations of each site, and the locations of the inland lots which may request access in the future, staff recommends as follows: 1. 2. 3. 4. 5. 6. Inland parcels 1 and 2 (Scheftel, Lovelace) should be allowed dock access at Access C. Inland parcel 3 should continue to be allowed a dock access at Access D. Inland parcels 4 thru 8 should be assigned future access at Access D if they request it, subject to LMCD regulations. Inland parcel 9 could be served by a dock at either Access D or Access E; E is closer but presents more topographic difficulties. Accesses A, B, F, G, and H do not readily lend themselves to providing dock access to inland lots and should therefore remain dock-free. Access H has a recent severe erosion problem which needs to be addressed, and may result in gating or closure of that access by the City for all but emergency and incidental service vehicle uses. I have also included a draft version of the proposed Comprehensive Plan language discussing Big Island for your review - it may add to your understanding of Big Island issues. Options for Action 1. 2. 3. 4. Recommend approval per staff recommendation. Recommend denial, stating reasons. Recommend something other than staff recommendation. Table for further information. ORONO PLANNING CO.NLMISSION MONDAY, NOVEMBER 15,1999 A (#11) #2549 DAVID LOVELACE. 220 BIG ISLAND, DOCK PERMIT, 10:50 p.m. -11:28 p.m. The Certificate of Mailing and Affidavit of Publication were noted. David Lovelace, Applicant, was present. Weinberger stated the Applicant is requesting a dock permit to access an inland lot without lake access. City Ordinance allows installing, maintaining, keeping or using a private dock on any platted public right-of-way when such dock has been specifically authorized as part of a permit issued by the Council. Not more than one season dock will be approved for access to any one property. In reviewing and approving this permit, the City Council shall consider the width and topography of the right-of-way, the number of properly owners requesting dockage at that location, the plan of the proposed dock, and conformance with City and LMCD dock regulations. The City Council may establish reasonable standards or requirements in approving any such dock permit. Weinberger stated the City Council has preliminarily reviewed this application and recommended one area on the east side of Big Island that could potentially serve as access to the inland landlocked properties. This particular location has been established as an area for potential dock permits to be granted for inland property owners simply because no other access exists elsewhere. Currently there are two inland properties that currently have dock access to Lake Minnetonka: with the dock being located in the right-of-way and having been in use since 1986. Weinberger stated permits are only required for the docking and not for any other public access. For example, walking along the public right-of-ways is allowed without a peimit. City Code states permits issued are valid for one year and shall be subject to change, alteration or revocation for cause by the Council at any time, and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the City to the permittee at least 30 days prior to the anniversary date. Any formal requests for permits on Big Island require a public hearing with the Planning Commission. Weinberger noted this is the public hearing for this dock request, with all property owners having been notified of the hearing within 350 feet of the access. Weinberger stated the City has expanded the 350 foot requirement and have notified all inland property owners of the status of this application and the public hearing being held tonight. Weinberger stated there are approximately four or five separate record lots, which could consist of several PID’s, that are actually inland on Big Island. Not ail of the lots on Big Island are buildable lots. Only a few actually are developed with a dwelling on the property. The total number docks potentially, including the one that currently exist, would not exceed four or five individuals who could potentially request dock access. The property In this case is flat enough and could sustain the type of access being requested In this case. The dock access would be located in an area approximately 90 feet wide, which is probably the only area on the island which will be able to sustain future dock access and allow for access by the other inland property owners. Weinberger stated the City Council has previously granted a lot area variance for this property to permit the Applicant to construct a seasonal dwelling on the property. The property consists of 4.3 acres in size and is landlocked. Weinberger noted there is a platted right-of-way that goes directly from the access and is recognized as a road. Some minor grading and maintenance of this road has occurred in the past. The City has net performed any of the maintenance in the past and does not have an interest in assuming that responsibility at the present time. Page 22 ORONO PLANNING COMMISSION MONDAY, NOVEMBER 15,1999 (#2549 David Lovelace, Continued) City Staff understands the need to provide access to the inland landlocked properties on Big Island, and recommend approval of the dock access, with the permit being subject to renewal on an annual basis. Weinberger stated issues for consideration by the Planning Commission include the following: 1 .Should the dock rights be for property owners vrithout any other access? 2.Many of the lots are commonly owned but have not been combined into a larger tax parcel. Potentially the individual lots could be sold to several owners that may request access in the futuro. 3.The permit approved by the City Council permitted a dock in favor of property located at 230 Big Island. A condition of approval was any other requests for docking at the Bay Place site would cause the permit to be immediately revoked. ^ , .w 4.The City Council has reviewed this Item with Mr. Lovelace and has provided direction for the Applicant and Staff. 5.The following are uses permitted on Big Island: Seasonal dwellings, with some accessory structures being permitted on the land without a principal structure. Weinberger stated he would be available for questions by the Planning Commission. Lovelace stated he does not have any additional comments. John Uran, 160 Big Island, expressed concerns regarding the swampy nature of the land Iri the area proposed for the dock access. Uran stated he is not In favor of this dock access, particularly when the location of the road and swamp have not been properly identified. Lovelace Indicated the dock access being proposed Is a substantial distance from his property, but his main concern is obtaining access to his property and not necessarily the location of the dock. Chair Hawn commented that unfortunately due to the location of Big Island, it is difficult for the Planning Commission members to view the site. Lovelace stated the other landlocked property owners have the right to request dock access and the City Council is attempting to accommodate those possible future requests as well with this proposed dock location. Lindquist commented he would like to have a survey done of this area to determine the exact location of the road and the property lines. Uran stated City Staff needs to review the site during the spring and summer months to determine the location of the wetland. Tom Egan stated there presently are posted signs saying no vehicular traffic on the inland roads. Gaffron commented that the City is aware that there is vehicular traffic on those inland platted roads, but that the City is faced with the situation of having to provide access to the landlocked properties. Gaffron stated the City is assuming when these roads were platted approximately 120 years ago, they were intended to be used to gain access to the inland properties. Gaffron inquired whether another area is available for dock access should this proposed 90 foot area not be suitable. Gaffron suggested that the Big Island property owners arrive at a workable solution amongst Page 23 ORONO PLANNING COMMISSION MONDAY, NOVE^roER 15,1999 (#2549 David Lovelace, Continued) themselves or the City will be faced with deciding where the dock access will be located. Mrs. Uran suggested that perhaps Mayor Jabbour has a conflict of interest in this matter since he is a property owner on Big Island. Chair Hawn pointed out that Mayor Jabbour is not present tonight. Kluth stated If Mayor Jabbour feels there is a conflict of Interest that exists in this matter, he can excuse himself. Chair Hawn stated the City would like the property owners on Big Island to come to a solution that the parties can live with. Hawn pointed out the members of the Planning Commission have a difficult time gaining access to this area and are unfamiliar with the layout of the land. Kluth stated he was in agreement with Hawn, and urged the local residents on Big Island to reach an amicable solution among themselves. It was the consensus of the Planning Commission that the property owners on Big Island reach an amicable solution among themselves regarding dock access for the inland landlocked property owners. Egan stated the landlocked property owners purchased the property on Big Island knowing it was landlocked at the time. Lovelace remarked he is entitled under City Ordinance to apply for dock access, and indicated he would be willing to sit down with the other residents of Big Island in an attempt to reach a workable solution. Egan Inquired whether the land needs to be developed prior to dock access being granted. Gaffron stated City Code allov/s property owners on Big Island to have dock access to their property even If it is undeveloped. Gaffron stated the City of Orono is required under Ordinance to provide dock access to the landlocked parcels. Gaffron indicated he would be willing to work with the property owners on Big Island in an effort to resolve this matter and is in support of providing one dock access for the inland property owners. Chair Hawn stated due to the suggestion by City Staff to have the property owners arrive at a workable solution among themselves. Hawn inquired whether the Applicant would be willing to have this application tabled and to waive the 60 days. Lovelace stated he would be willing to have his application tabled and to waive the 60 days. Lovelace requested that a deadline be set in which this matter should be resolved. Egan stated since the’ir boats are in storage for the winter and it would be difficult to access Big Island at this time, he suggested they be given until late spring to resolve this. Egan noted that some of the property owners are only available during the summertime. Lovelace pointed out that the residents will still need to follow the rules set by the governing body of the lake. Smith commented that City Staff could assist the property owners in that regard. Page 24 ORONO PLANNING COMMISSION MONDAY, NOVEMBER 15,1999 (#2549 David Lovelace, Continued) Gaffron indicated he would be willing to work with the Big Island property owners on this matter and to obtain the necessary information from the LMCD. Stoddard moved, Smith seconded, to table Application #2549, David Lovelace, 220 Big Island, until April to allow the Big Island property owners time to resolve this matter. VOTE: Ayes 7, Nays 0. (#10) #2547 KIMBERLI AND WILLIAM ABBOTT, 470 BIG ISLAND, AFTER-THE-FACT VARIANCES, 11:29 p.m. -11:30 p.m. The Certificate of Mailing and Affidavit of Publication were noted, The Applicants were not present. Stoddard moved, Kluth seconded, to table Application #2547, KImberli and Wiliam Abbott, 470 Big Island, due to the absence of the Applicants. VOTE: Ayes 7, Nays 0. SKETCH PLAN REVIEW (#12) MIKE HILBELINK/JOHN VOGT, 3850 WATERTOWN ROAD, CLASS III SUBDIVISION Mike Hilbelink. Applicant, and John Vogt. Applicant, were present. driveway for a property to serve a three lot development where a road would typically be required for a three lot subdivision; two. variances to approve a subdivision resulting in a bam to be located within a required side yard adjacent to street setback; three and approved by City Staff; and four, approval of a subdivision with an outlet dedicated to a nding ring in favor of proposed Lot 2. Weinberger stated the property lies within the RR-1A zoning d^.rict. which has a acre ^ Public Services Director has reviewed this lot layout and has recommended that Lot 3 not be granted direct access to Watertown Road. Weinberger stated some of these issues relating to road access can be resolved with City Staff^ In addition, the bam. if developed with an access outlet or a pnvate road, would require a vanance to remain on the property. The barn would be located on Lot 2 and would be Joceled enUrely within the 100 feet side yard adjacent to street setback as proposed for an outloL Bams are required to meet a minimum 75 foot setback to the lot line. Weinberger noted the bam encroaches into the 75 foot required setback. Weinberger stated the standard requirements would need to be complied with as they relate to Page 25 1 4 ^-1 TO: FROM: DATE: Chair Hawn and Orono Planning Commission Ron Moorse, City Administrator Paul Weinberger, Zoning Administrator/Planner November 9,1999 SUBJECT:Request for Dock Access 220 Big Island Exhibits Big Island Address/Ownership Map Enlarged East Area Map i ^ D Fnlargg^ West Area Map k* •'I ^ Resolution No. 203SJx ^A \ * ity Council Minutes (August 25, 1986) Approving Resolution No. 2038 Summary of Request David Lovelace is owner of the property located at 220 Big Island. The property is an inland lot without lake access. Mr. Lovelace has applied to the City of Orono for a dock permit per Municipal Code Section 10.31, Subdivision 5 (C). The City Council has preliminarily reviewed this item. Please refer the to the enclosed City Council Minutes from October 25,1999. On April 12,1999 the City Council granted a lot area variance for the propert>' located at 220 Big Island to permit David Lovelace to construct a seasonal dwelling on the property. As of the date of this memo the City of Orono has not recei% ed a building permit. The propert>’ is 4.3 acres in size and is land locked. The access to the lot is \ia any of the undeveloped public roads. A major issue for the property owner is dock access. This property is one of several lots on the Island that potentially will request dock rights. Municipal Code Section 10.31, Subdivision 5 (C) allows installing, maintaining, keeping or using a private dock on any platted public right-of-way when such dock has been specifically authorized as part of a permit issued by the Council. Not more than one seasonal dock will be approved for access to any one property. In review and approval or denial of such permit, the Council shall consider the width and topography of the right-of-way, the number of propert>- owners requesting dockage at that location, the plan of the proposed dock, and conformance with City and Lake Minnetonka Conservation District dock regulations. The Council may establish reasonable standards or requirements in approving any such dock permit. Permits are not required for any person to walk on or over any platted public right-of-way or any platted public park when such use is made without altering the natural state of the land. No permit shall be required for any person whose property abuts a platted public right-of-way or a platted lt25-(9 David Lovtlaee 220 Big Island n/1 5/99 Pag! I r public park to control weeds or brush, seed, sod, mow or otherwise maintain said right-of-way or park in a neat and presentable manner. The Code states permits issued are valid for one year, shall be subject to change, alteration or revocation for cause by the Council at any time, and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the City to the permittee at least thirty days prior to the anniversary date. Any formal requests for permits on Big Island require the public hearing with the Planning Commission. Notices are handled similar to notices for conditional use permits and require a 350' mailed notice to adjacent property owners. The following is a list of PIDs of all land locked tax parcels on Big Island;> 130 Big Island 220 Big Island 230 Big Island 240 Big Island 250 Big Island 310 Big Island 480 Big Island 490 Big Island 500 Big Island 580 Big Island 590 Big Island ♦Developed property 23-117-23 22 0002* 23-117-23 23 0028 (Has been approved recently for a lot area variance) 23-117-23 23 0033* (Dock Permit issued in 1986) 23-117-23 23 0003 23-117-23 23 0004 23-117-23 32 0020 23-117-23 32 0046 23-117-23 32 0047 23-117-23 32 0048 23-117-23 32 0049 23-117-23 32 0062 23-117-23 32 0018 23-117-23 32 0019 23-117-23 31 0031* 23-117-23 31 0020 (Has a dock through right-of-way) Not all the lots listed above are buildable lots. Only a few actually are developed with a dwelling on the property. The issue is whether dock access can be provided for the additional lots on Big Island. Overnight camping and day use is permitted on all lots on Big Island. A total of 15 lots have been identified as separate parcels that can be sold by the property owners at any time. Many of the existing lots without lake access are commonly owned, several by property owners with direct lake access. Issues for Discussion 1.Should the dock rights be for property owners without any other accf ~? U2549 David Loy*tlace 220 Big Island 11/15/99 Page! 2. 3. 4. Many of the lots are commonly owned but have not been combined into a larger tax parcel. Potentially the individual lots could be sold to several owners that may request access in the future. The permit approved by the City Council (Resolution No. 2038) permitted a dock in favor of property located at 230 Big Island. A condition of approval was any other requests for docking at the Bay Place site would cause the permit to be immediacy .evoked. Tlie City Council has reviewed this item with Mr. Lovelace and has provided direction for the applicant and staff. Please refer to the enclosed City Council Minutes from October 25, 1999. 5.The following are uses permitted on Big Island. (Section 10.31, Subdivision 2) A.Seasonal Dwellings. One family detached dwellings used for seasonal recreational use not to exceed 180 days in any one year, and not to be the owner's "principal residence" for homestead tax credit purposes. B.One family^ seasonal recreational use of land without structures, or with accessory structures only, such as tent camping or day-use only. Accessory structures permitted on land without a principal structure shall be limited to one or more of the following: a)Docks conforming to City and LMCD Code requirements b)One storage building not to exceed 120 square feet in area c)Firerings or barbeque pits d)Open deck or screen house not to exceed 300 92349 David LovtUtce 220 Big hland 11/13/99 Page 3 i City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2038 A RBSOLOTION PERMITTING A PRIVATE DOCK ON PLA'l"l'BD UNIMPROVED IUGB'l'-OP-WAY BAY PLACE, BIG ISLAND WBERBAS, the City of Orono has receive d a request for a pr iva te dock on platted unimproved right-of-way known as Bay Place on Big Island tc serve as ac cess to inland property: and WBBRBAS, as per Se c tion 10.31, Subdivision 3 of the Orono Ci t} Code allows for th e instal l ation of a pr ivate doc k on unimproved pl attet right-of-w ay on Big Island to serve as access for inland properties. NOW, TBEREPORE, BE IT RESOLVED tha t a private dock is pe rmi t tec on pla tte d un improved ri ght-of -way kn own as Bay Place on Big Island tc serve in la nd pr o perty to Lots 19 & 20, P.I.D. No. 23-117-23 23 0033, witl the following conditi ons: 1.The installa tion of the dock length not to exceed 100 feet2.Setback from extended lot li nes:0-50 fe et in length 10'51-100 feet in le ngth 15'3.Dock sections not to exceed 6' in width4.One boat per dock for residential use on l y (LMCD regulations� Th e per mi ttee ag rees to ma i ntain the area in a neat anf presentable manner at all times and agrees to hold the City harmless for· ever from any and all c1a·ms �e sulting from actio ns as a result of th issuance of th.is permit, use of the r·ght-of-wa y, or use of th e dock whil, this permit is in force. Should there be any other requests from inland pr operty owners t use th is site fo r �he in sta lla tion of a dock to their prope rties, thi. permit ·s automati ally re voked. This permit may be revoked by the City a any time for any re ason in the future upon review and re voca tion by th Orono Council . The property owners agree to remov e all str uctures within 30 day of permit revo cation or te rmin ati on and if no removal , ag ree to a ass ssment of the cost against Lots 19 and 20 of Big Isla nd. • The City of Orono furthe r re serve s th e right to re view t 1permit for any reason as deemed app ropriate. ( Adopted by the City Council of the City of Orono on the 25th da of �ugust, 1986. - Tim Adams , Acting Mayor , '1.4/ ,, I ■ ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 Jabbour amended his motion to include denial or the com prehensive plan amendment uide the lan d use desienation r rom two acre density to one acre density. Pet on seconded the motion. Mayor Ja our inquired \\hether there ,vere any public comments regarding this application. There were ublic comments. *(#6) #2531 ROGER AN LIZABETH OLSEN, 815 PARTEN\VOOD ROAD - RE�9EWAL VARIANCES-SOLUTION NO. 4367 Flint moved, Peterson seconded, to prove and adopt RESOLUTION NO. 4367, a R solution Grantinz Renewal or Va ces to Allow Remodeling and Expansion of the Esistins Reside nce Located at 815 P enwood Road. VOTE: Ayes 5, Nays 0. *(#7) #2538 ROB AND TORI JAFFRAY, 540 RESOLUTION NO. 4368 _,.LJTT A VENUE -VARIANCE - Flint moved, Peterson secon ded, to approve and adopt •�..:a. LUTION NO. 4368 a Resolution Granting Varian ces to Permit Construction of mers on the Second Story or an Existin1 Residence Located at 540 Barrett Av enue. OTE: Ayes 5, Nays 0. *(#8) #2541 PAUL PHILLIPS, 2140 SIXTH A VENUE NORTH, FIN PLAT OF PHILLIPS WOODLA D TERRACE THIRD AD rrION -RESOLUT Flint moved, Peterson seconded, to approve a ir�.�ip,-, SOLUTIO NO. 436 , A Resolution Approving the Plat of Phillips \Voodland Terrace Third Addition. VOTE: Ayes 5, Nays 0. m 1 a ss a I F so (#9) REQUEST FOR DOCK ACCESS -DA YID LOVELACE, 220 BIG ISLAND David Lo elace, Applicant, ,vas present. \Veinberger stated the .Applicant is requesting dock access to his property located at 220 Big Island. Back in April, 1999, the City Council granted lot area variance for this pr operty to permit the construction of a seasonal d\\·elling on the property. As of today's date, the City has not rece·ved a request for a building pennit frorr the Apolicant. The property is 4.3 acres in size and is landlocked. This property is one of several lots on Big Island that potentially \1till request dock rights. \Veinb rger stated that according to �lunicipal Code, installing, main taining, keeping o, using a pri'.-ate dock on any platted public right-of•\\·ay, ,vhe n such a dock has bee n spe cifically authorized as part of a pennit issued by the Counc ·1, is allo\ved. ot more than one sc�onal dock Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25,1959 (#9 Request for Dock Access, Continued) wU be approved for access to any one property. City Staff is looking for direction from the City Council on development of a dock policy relating to inland lots on Big Island without lake access. The Code states that these issued permits are to be valid for one year and shall be subject to change, alteration or revocation for cause by the City Council at any time, and shall be automatically renewable on the anniversary of the date except upon written notice from the City to the permittee at least 30 days prior to the anniversary date. Weinberger stated that any formal requests for permits on Big Island do require a public hearing with the Planning Commission or the City Council and notice to all adjacent property owners within 350 feet. Weinberger remarked that the issues for the City Council to discuss tonight include whether dock rights should be for other property owners without any other access. Some of the parcels on Big Island are held in common ownership but are not combined for ta.x purposes into one tax parcel. Potentially the individual lots could be sold to several owners that may request access in the future. The permit approved by the City Council per Resolution No. 2038 permitted a dock in favor of property located at 230 Big Island. A condition of approval w as any other requests for docking at the Bay Place site would cause the permit to be revoked immediately. Lovelace stated he understands the concerns of the City Council, noting that there is currently a dock access that has been granted by the City. Mayor Jabbour commented that that dock access would need to be revoked if a new dock access is granted. Lovelace stated that he would not object to sharing this beat access with the adjoining property owners. Mayor Jabbour stated that according to LMCD code, the dock must be located 25 feet from the property line. Sansevere inquired how many boats could be accommodated on that 90 foot parcel. Mavor Jabbour stated that a minimum of six boats, which should take care of the landlocked parcels. Jabbour stated the general public has access to the lake through City-owned docks and that the City Council should recognize the present laws governing docks. Lovelace stated he was aware at the time he purchased this property that the land was landlocked and that the City has an ordinance allowing the landowner to request dock access. Lovelace stated he is requesting a permit to allow the dock access, and that an option would be to share dock access with the adjoining neighbors. Page 8 M ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25,1999 (#9 Request for Dock Access, Continued) GaSron stated an issue to be reviewed is whether the roadways constructed on Big Island were intended for general public access or whether they were constructed to provide access to the properties. Gaflfron stated a number of complaints have been receiyed regarding security due to the general public utilizing those roads. Kelley commented he would be in favor of a dock at this location, with the Applicant being required to have the license renewed yearly. Lovelace acknowledged that maintenance of the dock would be his responsibility and that he would retain the appropriate liability insurance coverage. Sansevere inquired how maintenance of the dock would be handled if there were multiple owners. Mayor Jabbour stated that a homeowners association would need to be created to oversee the dock. Jabbour suggested that a dock be provided, with a public hearing being held to enable the local citizens to comment on this issue. Lovelace stated that some of the residents of Big Island do currently share docks. Lovelace acknowledged that he is not legally permitted to leave lus boat at a public dock for an extended period of time. Kelley suggested that the length of the dock be limited. Mayor Jabbour stated that the dock should not exceed 24 feet. Moorse indicated that City Staff will prepare a resolution outlining the items discussed for review and approval by the City Council. nun usti jm* ifbkyowcomciL report Mayor Jabw^undicated that aMayor JabbOKiil^cated that a number of meetings regarding consolidation of Long Lake and Orono have been^fel^wth issues dealing with land use currently being discussed. Jabbour stated that a member of the cothoWation committee po'mted out that the City Council d^s not have the authority to deny an applicati^Jnji^it is in compliance with the City s Comprehensive Plan and Ordinances. isolidation meetings.Jabbour invited the general public to anend Flint inquired what progress has been made on the Dakoc i^io Trail project. Mayor Jabbour stated that the October I4th deadline has been cxiendb<;jO days. Jabbour stated it was his understanding the railroad will cease to operate at that Page 9 L2S, James Ogland 52S Ferndale Road N Wayzata, Minnesota 5S391 -- Mayor Gabriel JabbourCity of Orono 2750 Kelly Parkway Orono, MN 55356 � 01 1 2 1999 Crf Y Ur UrlO, Q RE: Big Island dock permit request#2549 at 220 Big Island. I think it sets a bad precedent to issue a dock permit for private use on pubic property. I almo all . . ;loT' �if . h lak . d n · st s1tuat1ons most property pwners,. . t ey want e �ccess, are �eqwre . to pur-chase a lake property to do so. I ddfeel that 1t IS the responsiblity of the City to give themaccess even if the property is land-locked. It makes little difference if it is on an island� landbased owners are not given this right, they must purchase their own lake shore. I know that there are previous permits issued, and they should be Jib!:' in, but now isthe time to put a stop to non-lakeshore property owners to get free access to the lake. Adjacent neighbors should not be expected to have inland owners using a fire lane for their private use. These lake accesses were not intended for this use. If you allow this, then whatis next? snowmobile route, winter car driving off the ice. I will not be able to attend the council meeting as will be out of the state. I own the lot at 200Big Island Sincerely � James Ogland cc:PaulWeinberger e . D> " / H- 1 e Mi <'+y\r -r # # 1^). +^- -: tej :Wm SMi^gSM I pfe^’ j^nrHAtk ■=f o.f ^ •mj! ••* <:+’ ’(§) • •••• .••••>•••«»«•••• Vi V •? ; ^oclc SeCT70^ 7^ ^ ^eu>o icp '<— <?o't —>\ 1C I //— T//fS IS noT A Si/'AveVj Com c-c<»rMA^u-9A» <^y . . — ------· -- ( ( -�.......-� • --••• • ---'9 . / �· ' y ' / / ,.....,,,.. / . 't' ,_; / �·.... ,�.,,, 1/ ,,, ✓-/ .. >4 f ... �// --�" '. ..,,,,. /. . . / ,.-· . ' ', ,· .. ' I vJ · • k'-. Sa7(>: •r •; »% . 4: .• 5/'; r‘** rap .iV^tv '.. . ; ;; •*. : V .•■•; •■ •••■•'.■ ’W>*' : *aA’ •N*:•; '••• fe- ’’^r- V .».. • •■ .■.•*%■••• ' VrX%**.* *• -t, 1^- : • • Y'U' , . •*.. •i*‘( •» »'• rr ., *• !:^ • •.■ X,.»»$* Ht ru/n***' ■* /•/•A tiw 1“^ 4W7 ^tLt/Utt! CU/ ^xistM •» IMm. /I! 7/£^c 04W< /'• J {mM^ < 4T^AU£t^ y^c 'itju <^yX V^4A* * *« /•V ••..A •V'.r . • ’• •• j >v • OFFICE DF RICtSTlR OF DEEDS, UMii SB Gonm; MimbotA. /AR<rC>^lWikg«u^ltaA.C?/^r7l?4<........ ........iVwMIitkaitehvNWi^tkl z') ^.vyw»stx^.utv.u... orn“'. MORSElSLAliD KAKK Secotip ADomon HennePim County Minn. S>cm\t, r -cXpL#rMnSun^^i y v,\ .•••• • •. «• ■V'. :V*. '! y p i *pr N 1 I 8 ■i 41 •# :v*‘« *3 W j I tj R • 1,922 F §10.31 Subd. 5. Permit For Private Improvements Within Public Rights-of-Way. It is unlawful for any person to alter, improve or use for private purposes any platted public right-of-way, any platted public park, or any other property ouned by the City without first obtaining a permit from the Council, as follows: A.Inland Property Access. Persons desiring access to property located inland and not abutting the shoreline may apply for a permit to privately use and/or improve platted public right- of-way for such purpose. The permit applicant shall demonstrate and the Council shall find that there is no reasonable alternative access available, and that the proposed improvements and/or type of use would not unreasonably affect other properties abutting the right-of-way. The Council may approve, deny or place restrictions on any such permit based upon public health- safety and welfare considerations, including without limitation the configuration of adjoining record lots, Ae location, width, topography, drainage and vegetation on the right-of-way and the number of existing or future property owners who may require access at the same location. Any land alterations or improvements approved shall be the minimum amount necessary to provide reasonable inland 21CCCSS* B.Land Alterations. Grading or physical alteration of any platted public right-of-way for any purpose including inland propern* access is prohibited except when such work has been specifically authorized as part of a permit issued by the Council. The permit applicant shall provide a detailed land survey of the right-of-way and appropriate engineering drawings sufficient to identify the full extent of all proposed work. Permit approval shall be subject to obtaining a grading permit from City staff, land alterations invol\*ing filling and grading shall be performed with only "clean fill" as defined in Section 10.02, and all other permits as may be required by other agencies having jurisdiction. Public rights-of-way so improved shall be maintained by the licensee. Source: Ordinance 47, 2nd Series Adopted: 2-22-88 C.Dockage on Right-of-Way. Installing, maintaining, keeping or using a private dock on any platted public right-of-way for any purpose including inland property access is prohibited except when such dock has been specifically authorized as part of a permit issued by the Council. Not more than one seasonal dock will be approved for access to any one propertv. in review and approval or denial of such j>ermit, the Council shall consider the width and topography of the right-of-way, the number of property owners requesting dockage at that location, the plan of the proposed dock, and conformance with Cit\’ and Lake Minnetonka Conservation District dock regulations. The Council may establish reasonable standards or requirements in appro\ing any such dock permit. D.Encroachments Prohibited. No private propert>', buildings, structures, fences, boats, vehicles, dock parts, junk or debris shall be built, stored, parked or kept at any time within any platted public right-of-way, within any platted public park, or on any other property owned by the City except as specifically authorized by a permit issued under this Subdivision. ORONO CC 312 (4-1-84) §10.31 E.Permit Exceptions. No permit shall be required for any person to walk on or over any platted public right-of-way or any platted public park when such use is made without altering the natural state of the land. No permit shall be required for any person whose property abuts a platted public right-of way or a platted public park to control weeds or brush, seed, sod, mow or otherwise maintain said right-of-way or park in a neat and presentable manner. Persons whose record lot established by Subdivision 6 consists of tax parcels divided by platted, unopened public right-of-way may incorporate and use such right-of-way as part of their yard without a permit, provided no permanent structures are erected or maintained within the right-of-way. F.Public Use Limited. Any permit issued under this Subdivision shall be deemed to open the platted public right-of-way only to the extent necessary as established in the permit, and for the limited use of the permittee and his invitees. G.Permit Limitations. A permit issued under this Subdivision shall not grant or vest any property rights to use of the public right-of-way or other public property, or in any improvements made thereto. Permits issued under this Subdivision shall be valid for one year, shall be subject to change, alteration or revocation for cause by the Council at any time, and shall be automatically renewable on the anniversary of the date of issuance except upon wntten notice from the City to the permittee at least tliirty days prior to the anniversary date. H.Hold Harmless. As a condition of issuance of any permit, the applicant shall in writing release, indemnify and hold harmless the City from any and all claims or causes of action arising out of the use or alteration of the platted rig.it-of-way by applicant or his invitees. 1.Permit Hearing and Notice. The Planning Commission or the Council shall hold a public hearing or hearings on each application for a permit. Notice of the public hearing shall be given not less than ten days or more than thirty days prior to the date of the hearing by publication in the legal newspaper for the City. Such notice shall contain the description of the land and the proposed use. At least ten days before the hearing, the City Clerk shall mail an identical notice to the applicant and tc each of the prop>erty owners within 350 feet of the outside boundaries of the land in question. Fai.' ire of the property owners to receive notice shall not invalidate the proceedings. At the public hearing, the Planning Commission or the Council shall review the application and the statements and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained. Subd. 6. Lot Area Requirements. Within any "RS" Seasonal Recreational District, no new lot or parcel shall be created less than 5.0 acres in dry buildable lot area exclusive of any designated wetlands. Within any "RS" Seasonal Recreational District, the following provisions shall govern the buildability, use and/or subdivision of each existing record lot as defined and identified therein; ORONO CC 313 (4-1-84) - Ii f .,,... ,,,... --·· -- I , I I !l? I I --- ' . -- ,, ,. ------- •// LAKE MINNETONKA ISLANDS Land on Big Island (including the east and west islands plus Mahpiyata Island) and Deering Island has been privately owned for many decades and has been used for a significant number of seasonal cottages plus a few year-round homes. The islands also contain a substantial amount of public and private park land and recreation areas. BIG ISLAND History Big Island was first called Meeker's Island for Judge Bradley B. Meeker who settled there in 1852. W.B. Morse purchased it in 1854 and for many years thereafter it was know n as Morse Island. In 1887 and 1888, two subdivisions to create small parcels were platted, Morse Island Park on the most southerly point, and Pleasant View on the west end. This resulted in the construction of a number of individual summer homes. During the early 1900's, the Twin City streetcar lines operated Big Island Amusement Park on the east end of the island. The onset of World War I resulted in its dismantling. This 60-acre property eventually became the Big Island Veterans Camp, which is still in operation. Hennepin Parks acquired a 60-acre parcel near the center of the island about 30 years ago, and since then acquired a few small adjacent parcels totaling an additional 10 acres as they became available and as funds permitted. By the early 1970's, approximately 50 mostly seasonal cabins existed on private parcels on Big Island. In May 1972 the Orono Villav<* Council declared via Resolution No. 446 that "the long range highest and best use of Big Island is for park purposes", acknowledging that the provision of public services to the island is uneconomical and and unlikely to occur in the future. It was suggested that the Hennepin County Park Reserve District should administer such a park. The 1980 Orono Comprehensive Plan noted the same concerns, and again encouraged eventual ownership by Hennepin Parks. However, the City declared it would not condemn private property for park purposes, and therefore in 1983 created the "RS" Recreational Seasonal Zoning District, providing development standards for continued private recreational/ residential use ofthe island until such time that the slow transition to a public park is complete. The RS Zoning District provides specific standards and limitations for permitted, conditional and acessory uses on the island, with a strong encouragement toward recreational uses as opposed to full time residential uses which would require a greater level of services than the City can reasonably provide. CMP3B-39 ______.-___.X Physical Features Big Island encompasses approximately 250 acres in area, of which approximately 50 acres is wetland. A navigable channel actually separates Big Island into two distinct islands. The shoreland ranges from flat, low wetland areas near the lake level to steep and often eroded bluffs extending as much as 30-40' above lake level. The topography is hilly. The highest point on the island is 988', nearly 60' above lake level, located near the south end of Morse Island Park. Soils on Big Island are mapped as Hayden loam and clay loam, typical of soils located in central and northern Orono. Beach sand soils occur in a number of flat, low areas near the shoreline. Except for scattered clearings to accommodate individual cabins or recreation areas, the island remains heavily vegetated with hardwood species typical of the "Big Woods". Services Big Island is provided with only a minimal degree of municipal services. There is no municipal sewer or water on the island, hence the use of individual septic systems and wells is common. The island is provided with telephone service and electric power via lines from the mainland. Police protection is minimally provided by the City of Orono and the Hennepin County Sheriff. Fire protection is provided by the Long Lake Fire Department although response time is understandably poor due to the lack of roads or bridges connecting the island to the mainland, and access to the island makes firefighting extremely difficult. Other services such as street repair, snow removal, inspections, and rev'ar garbage remr val are difficult, uneconomical and in some instances virtually ii, .possible to provide to residential property located on the island. Access There are no improved roads on Big Island. A limited system of roadways and alleys was platted more than a century ago in the Morse Island Park and Pleasantview subdivisions, which primarily created narrow lakeshore lots but also resulted in a small number of inland lots not abutting the lakeshore and needing access to the lake. These platted corridors exist today as walking trails which on occasion are used for vehicular access. Since most lots do abut the shoreline, use of the interior roadwav system has been primarily by the owners of interior lots, and by ovviiers of lakeshore lots with shoreline slopes that prohibit direct lake access. Vehicular access is necessary for nearly all island properties on occasion, hence the interior roadways are an important transp-mation element for Big Island. Overuse of the road system by residents or the general public is of concern, since the roads are not improved. Erosion and trespass are two main issues, because the roadways ere not marked and they often traverse steep slopes, especially where lanes extend to the lakeshore. CMP3B-40 Big Island Issues By virtue of its unique geographic aspects. Big Island presents a number of issues that the City must address on an ongoing basis: 1.Use and maintenance of interior road system; access to inland properties; overuse by vehicles 2. 3. Public use of interior road system, trespass on private property Pressure to accommodate more year-round residential uses, with concurrent expectation of greater services 4.Uncontrolled recreational use of adjacent bays for partying 5.Provisions for safety and emergency services 6.Bluff and shoreline erosion Big Island Goals and Policies Goak: 1. f / Continue to promote the eventu^ ^ownership and management of Big Island by Hennepin Parks as a Seasonal recreational resource rather than as a year-round residential area. Hennepin Parks is the most appropriate agency for operation of such a park. The City understands that this conversion is a necessarily slow process. The City does not intend to encourage condemnation or active acquisition programs. The City does encourage Hennepin Parks to acquire any and all island property as it becomes available. 2.Continue to allow seasonal recreational land usesand limited residential uses in the interim. Such use must be subject to strict enforcement of all performance standards and the explicit understanding that the City will never be able to provide even basic public services. 3. 4. 5. Maintain the natural, seasonal recreational character of the bland. Provide at least a minimum level of emergency access to the bland. Avoid or minimize future problems on the island in relation to sanitation safety, fire protection, erosion, etc. CMP3B-41 Policies: 1.Existing RS District controls on development and land use will be strictly enforced, and reinforced where necessary, to avoid potential problems related to sanitation, public safety and security, fire protection, etc. 2.The City will encourage private landowners of island properties to protect their shorelines from erosion. Natural rock rip-rap and other natural methods will be encouraged. Development of retaining wall systems in the lakeshore area will be discouraged. 3.The City will define specific approved access locafions for individual inland Record Lots, and will establish policies and ordinances regulating vehicular use of the undeveloped roadways. Use of the undeveloped platted roadways for vehicular travel will be limited to the extent necessary to protect private property as well as to curtail and prevent soil erosion, tree damage, etc. Tree removal within platted rights-of-way shall be by permit only. No platted right-of-way shall be paved except that the City may improve or specifically permit improvement of designated access locations in order to maintain suitable access and limit environmental damage. The City may close to vehicular use certain platted roadways if it is determined that continued use will cause environmental harm. 4.Island lakeshore will be maintained in a natural state. Tree removal near the lakeshore shall be as strictly regulated as it is in all lakeshore areas of the City. Deering Island Deering Island is a small (approximately 4-5 acres) privately owned island in West Arm Bay, constituting a single tax parcel and having a single owner. Many of the same issues, goals and policies pertaining to Big Island carry over to Deering Island. CMP3B-42 L.. Deadline: 5/17/00 COUNCIL MEETING APR 2 4 2000 Cl IY u»- OHONO REQUEST FOR COUNCIL ACTION DATE: 4/20/00 ITEM NO.: Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#2559 Gilbert Gehle 1392 Baldur Park Road Variances and Conditional Use Permit Zoning District:LR-IC One Family Lakeshore Residential District (14 Acre) Lot Area:31,760 square feet (0.73 ac.) 960 square feet - traveled portion of Baldur Park Road 30,800 square feet - lot size (0.71 ac.) Application: Request for hardcover variances to permit greater than 25% hardcover in the 75-250' iakeshore setback and to permit hardcover within 75' of the south lakeshore. A variance is required to permit a small amount of regrading within the south 0-75' lakeshore setback for a driveway. A conditional use permit and variances are required to permit grading within the north 75* of Lake Minnetonka to permit regrading and restoration of the site once the cabin is removed from the and allow the new house to have a walkout level. List of Exhibits: A Site Plan #1 - As submitted to Planning Commission B Revised Site and Grading Plan C Planning Commission Minutes (2/23/00) D Planning Report Planning Commission Recommendation: The Planning Commission recommended approval on a vote of 4 to 0 to approve the variances for hardcover subject to the following conditions: 1.The applicant will submit a grading and drainage plan to City Staff for their review and comment subject to the grading being limited to restoration of the existing contours with no additional grading being allowed for a walkout. Hardcover shall not exceed 5,725 square feet in the south 0-75' and 75-250' setbacks. r 3.The existing driveway and garage shall be removed and placement of the new driveway to avoid removing mature trees. Summary of Plan Revision: The Planning Commission originally reviewed the application with without grading proposed within 75' of the lakeshore cn the north side of the lot, except to regrade where the existing cabin would be removed. The cabin has a lowest floor elevation of 938 ’. The proposed house would be built with a lowest floor elevation of940'. The grading within 75 ’ of the lakeshore would fill where the cabin is located and pull the 940' contour back to allow a walkout to the lowest level of the new house without having to raise the lowest floor elevrtion. The total grading to permit the walkout is 7.4 cubic yards. The Code permits the grading of less than 10 cubic yards of fill within 75 ’ of the lakeshore by issuance of a land alteration permit. The Building Inspector shall have the authority to refer any requests for land alteration permits to the City Council for review and approval in instances where the land alteration mav require further review. The changes to the site plan could solve some issues with massing address the following issues with the original site plan: A.On Site Plan #1 the garage was located on the main floor. This would have required a driveway to be constructed at a 13% slope, where the City has advised slopes no greater than 10%. Tlie garage has been lowered to the elevation of the walkout level to 940' from 950'. The slope of the driveway has been reduced to under 5%. B.The driveway will require less grading and removal of only one tree within 75 ’ of the lakeshore. The property owner has stated he agrees to plant additional trees as restoration for removal of a tree for the driveway. The trees would be planted in the location of the detached garage once It is removed and restored. C.By allowing the 7.4 cubic yards of excavation within 75' of the lakeshore the elevation of the house could be lowered 2 or 3 feet. The lot is artificially high due to fill being placed on the pro»^ity prior to the construction of the cabin. As the grading plan indicates the lot is higher than both adjacent properties. The benefit to this plan would permit construction of a home that would be lower when viewed from Lake Minnetonka and still have a walkout. Options for Council Action 1.Table for additional information or revisions. 2.Continue the application to the next available Planning Commission meeting to discuss the amended plan. 3.Approve with conditions (direct staff to draft appropriate resolution). 4.Deny (state reasons). 5.Other action. lake Minnetonka Si+< Pl«^v\ ^ 1 929.4 CONTCXI^ LINE A .» \ I lake Minnetonka 929.4 CONTaJR UhE .?€uls«el pi ^«w^Sa:=r BS^ p>rk- (F/C C$f/C€/-/j-oo HARDCOVEB.C4LCULATION WORKSmET SETBACK ZONE: (CmCLE ONE) 0-75^........... EXISTING HAWnCOVER IN ZONE K House ^--------- 250-500' 7 * 500-1000'J-47-00 A/o ^(^A/ccr Length Width B.Garage C.Driveway D.Sidewalk E.Patio/Deck F.Landscape Underlain By Plastic Or Fabric G.Other X X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ __B > PROPOSED HARDCOVER IN ZONE' A.House_____________^ Length X X X B.Garage •’ • C.Driveway D.Sidewalk E.Palio/Deck F.Landscape Underlain By Plastic Or Fabric X X X X X X X X X 0.Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A B rs X 100 Width S3 S3 S3 S3 S3 S3 xlOO S.F. S.F. S.F. S.F. S.F. , S.F. S.F. >.F. S.F. S.F.» S.F. S.F. S.F. S.F. S.F. S.F. % S.F. S.F. S.F. 'S.F. S.F. S.F. S.F. a S.F. S.F. S.F. S.F. S.F. S.F. S.F. A B S.F. _S.F. o ____^“/O A 3 E (P/l Haricot HARDCOV ER CA LCULATION WORKSHEETJ-27-d c//. SETBACK ZONE: (CIRCLE ONE) CO-7^75-250*250-500*500-1000*^ EXISTING HARDCOVER IN ZONE ^HtT A.House Length Width X X X B.Garage C.Driveway X X D.Sidewalk X X E.Patio/Deck X X F.Landscape Underlain By Plastic Or Fabric X X X G.Other X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ __ B X ICO PROPOSED HARDCOVER IN ZONE' A. House _____________X Leng;th Width X X X B Garage (rjA/C) flO J-^€_A£lL£tl£. C.Driveway AJ€ c/ry MAd iS Mn D.Sidewalk ______________ x --------------------8 8 E.Patio/Dcck X X 1=S 8 F.Landscape Underlain By Plastic Or Fabric X X G.Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ __ _ B xlOO I? S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A S.F. B % S.F. S.F. S.F. ■■S.F. O S.F. Syp S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ^^^S.F. y7V/7 SF /^S % A B HARDCOVER CALCULATXQilVVORKSHEET /-/'t-OO 2.-/7-OO SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House _____________ 0-75'C75-250A 250-500'500-1000' Uo,v4cou^ S.F. Len^Widih X X X S.F. S.F. S.F. B.Garage C.Driveway S.F. X X S.F. S.F. D.Sidewalk X X S.F. S.F. E.Patio/Dc'jk X X S.F. S.F. F.Landscape Underlain By Plastic Or Fabric X X X ss ss S.F. S.F. S.F. G.Other S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A_ _ _ _ _ _ _" B S.F. A S.F. B X 100 PROPOSED HARDCOVER IN ZONE' A. House _____________X S.F. Length Width X X X ./€ O S.F. ________S.F. ■5.F. B Garage <^€Y// r/A/g) W^ C.Driveway O S.F. X X /S70 S Fs.r. D.Sidewalk X X B B /^O s F. S.F. E.Patio/Deck X X fZ S.F. S.F. F.Landscape Underlain By Plastic Or Fabric X X X s s S.F. S.F. S.F. G.Other e/fr, Cc//Uf d'OSS. TOTAL HARDCOVER ZONE TOTAL PROPERTY AREA IN ZONE A - B /s\/yo SF X 100 ■?y ? % A B d?-7X'yVflivT// TOr4<. ^A^/e*rr 13 -S72S s,r. s 2.3, 720 f. L___■■I'M n> I ^1 It mi 'iirfBrr 1 -TWr i rrii-inii~niriii »"*'-■ ORONO PLANNING COMMISSION MINUTES FOR FEBRUARY 23, 2000 *486 Elaine Erickson, Continued) Haw^tated the Applicant needs to address the drainage concerns and reduce structural coverage. Hawn indicated she does not have a problem with an attached garage. Kluth comn^ted the driveway is not a major issue in his opinion. Hawn remarked fkp Applicant may have some issues with snow removal as well. Anderson commenterH^e road was not constructed as it was originally platted and should be located further uphill. Weinberger stated the City Etaineer can review the drainage and grading plans prepared by the Applicant's engineer and make>i(hatever recommendations are necessary. Weinberger noted the City Engineer normally does not go out and review the site. Gaffron pointed out it would be hard m^ell the viability of the tree at this time of year, and suggested the Applicant hire a tree service to look^the tree and make some recommendations on what should be done. Hawn suggested the application be tabled. Anderson requested the matter be tabled. Hawn moved, Kluth seconded, to table Application #^86, Elaine Erickson, 1270 Spruce Place, to allow the Applicant time to revise their plans,^bmit a grading and drainage plan, and to address the issues with the damaged tree. Gaffron inquired whether the Applicant will be allowed to keep the^tQjctural coverage at the proposed 16 percent. Hawn stated the Planning Commission typically does not allow structural chyerage to exceed the allowable 15 percent. Hawn stated it is hard to determine the exact amount^hardcover being proposed ut this time, which will need to be recalculated. Gaffron suggested the Applicant lower the deck below six feet so it will not be counl structural coverage. There were no public comments regarding this application. C lofS ■VOTB ON THE ABOVE MOTION- Ay AC A Mai (#6) #2559 GILBERT GEHLE, 1392 BALDUR PARK ROAD - VARIANCES, 8:28 p.m. - 9:15 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Gilbert Gehle, Applicant, was present. Weinberger stated the Applicants are requesting hardcover variances to permit hardcover in excess of 25 percent within the 75-250' lakeshore setback and to permit hardcover within 75' of the south lakeshcre. A variance is also required to permit a small amount of regrading within the south 0-75' lakeshore setback for a driveway. Page 10 ORONO PLANNING COMMISSION MINUTES FOR FEBRUARY 23. 2000 c 2 of 5 (#2559 Gilbert Gehle, Continued) Weinberger noted this property has appeared before the Planning Commission on a number of times for various variances over the years. In August of 1998, the City Council approved hardcover in the amount of 5,725 square feet in the south 0-75' setback and the 75-250 ’ setback due to the fact the property is located on a peninsula and has two 0-75' setbacks. In April of 1999, the City Council approved 5,606 square feet of hardcover in the south 0-75 ’ setback and the 75-250 ’ setback, which is 119 square feet less than the first approval the previous year. Weinberger stated the property presently contains an existing residence and detached garage. The garage and driveway will be removed but will continue to utilize essentially the same access point that currently exists. Weinberger noted any change in access to the property would require variances due to the access to the property being located within the southerly 0-75 ’ zone. Staff would agree that this limited access does place an undue hardship on the property. The proposed development meets all setback requirements. Weinberger stated the hardcover variances are related to the size of the proposed house, with the need for a variance being minimized in the 75-250 ’ setback by a reduction in the size of the house. The southerly 0-75 ’ hardcover variance as proposed is the minimum necessary to permit a driveway, and this is a factor unique to the property. Staff is recommending that no mature trees be removed within 75 ’ feet of the lakeshore. Weinberger noted the proposed driveway location may require some loss of natural vegetation. City Staff is willing to work with the Applicant on the alignment of the driveway to help prevent any loss of mature trees. Gehle indicated he would like to have a walkout In the front, noting that the vast majority of the houses on the lake have a walkout. Weinberger stated Exhibit D shows a two story building with the lowest story being part of a walkout. The Applicant is not proposing to do any grading within 75 ’ of the north lakeshore. The City’s Comprehensive Plan discourages any changes to the natural grade along the lakeshore, which would occur if any grading should take place within 75 ’ of the north lakeshore. Weinberger stated the proposed hardcover on the property is 5,738 square feet, which is 4.3 square feet short of the allowable 25 percent. Gehle stated he is willing to raise the elevation of the house if necessary, but would like to avoid that due to aesthetic appearances and creating a pedestal type look. Gehle pointed out a large amount of grading has occurred in the past in the middle of the lot, with a knoll existing by the trees. Gehle stated he would ike to retain the trees and reduce the knoll if possible. Gehle stated it will be necessary to remove one to two trees in order for the proposed driveway to be constructed Gehle stated he would like to construct a front loading garage. Hawn inquired whether the Applicant was proposing to construct a path to the back side of the garage. Gehle stated the existing garage and driveway will be removed and replaced with vegetation. Weinberger stated he has a concern with the areas that are proposed to be redone, noting Staff was not informed they would be driving across the lawn. Hawn inquired whether there was any public comment regarding this application. A resident on Baldur Road expressed some concerns regarding potential drainage issues that may be created as a result of this project. Page 11 -----------------------------«r^ ORONO PLANNING COMMISSION MINUTES FOR FEBRUARY 23, 2000 (#2559 Gilbert Gehle, Continued) Hawn Inquired whether any drainage problems currenlly exist. The resident stated no. Weinberger stated any proposed retaining wall will need to stay within the allowable hardcover. Kluth inquired whether any grading is proposed in the north 0-75*. Gehle stated they do not plan on doing any grading in the north 0-75' setback. Gehle commented they may place some paving stones down to the lake, but wilt limit the hardcover to a minimum. Kluth commented the issues are the proposed hardcover in the south 0-75* and the 75>250 ‘ setback. Kluth recommended the Applicant keep the concerns of the neighbor in mind when doing any grading. Hawn inquired whether a large amount of grading will be necessary once the existing house is removed. Gehle stated some fill will be needed by the garage. Gehle stated the elevation of the house will dictate how much fill is required. Smith noted the City did not allow any grading within the 0-75* setback on the two previous applications. Hawn stated she would like to know the specific amount of fill proposed to be used as well as the amount of grading to be completed on this property. Gehle requested the Planning Commission consider allowing him to change the contour of the land within the 0-75* setback area and to allow him to keep the house at a reasonable level. Gehle stated the ideal situation would be to lower the house and do the grading that was previously approved. Hawn stated the Planning Commission would be more comfortable knowing the exact amount of fill to be moved as well as the grading that is being proposed. Hawn stated the Planning Commission needs to know the impact to the grading and drainage before they can approve the elevation of the house. Kluth stated he is not fully aware of what was previously approved. Gaffron stated his recollection of this application is that the two large trees on top of the knoll were approved to be cut down, as well as the knoll. Gaffron commented there were no proposed changes to the grade in front of the house, with the City requiring a land alteration permit in the 0-75* setback to allow for the placemen! of fill after the structure is removed, with the contours on either side being matched. Gaffron commented the Planning Commission needs to be cautious about changing the contour of the property in order to create a walkout. Gehle stated he was unaware he would need the figures for the amount of fill to be moved tonight. Weinberger stated in the previous application the owners were proposing to return the land back to its original natural contour, with the elevation of the house remaining the same as the previous house. Hawn indicated a conditional use permit is required if the Applicant plans to move more than 500 cubic yards of fill. Page 12 C 3 o?5 a-r- § C- ORONO PLANNING COMMISSION MINUTES FOR FEBRUARY 23. 2000 (#2559 Gilbert Gehle, Continued) Gaffron noted City Staff has not received any formal grading and drainage plans on this property. Gaffron stated the Applicant needs to submit a plan showing the proposed drainage and grading. Kluth suggested a restriction be placed on this application limiting the amount of grading or table the application to ailow the Applicant time to submit a grading and drainage plan. Weinberger stated City Staff has just received this plan recently, with the present plan showing some grading on the property. Staff had understood the Applicant would be worldng within the existing grades on the property nor did Staff anticipate any grading beyond what would be necessary to create a natural walkout in the area. Hawn inquired whether the Planning Commission was in agreement that grading should occur on this property. Nygard stated grading was not approved in the previous application. Kluth commented it is difficult to determine »vnat people mean by a little fill without the exact figures being spelled out. Hawn commented it is unclear what Is meant by restoring the natural contour without it being further defined. Gaffron stated the existing house proposed to be removed, with the existing foundation being filled in to match the surrounding contour of the land, which returns the land back to its original state prior to construction. Gaffron commented some grading may have occurred on the site prior to construction of the original residence. Gaffron stated the Applicant is not allowed to do any grading within the 0-75' setback. Weinberger stated grading within the 0-75' setback requires a conditional use permit, which has not been applied for. as well as additional variances. Weinberger inquired whether the Applicant still wished to continue to work within the existing grades on the property. Gehle stated he would like to work within the existing grades. Gehle stated he is not proposing to do any grading within the 0-75' setback. Hawn inquired whether the Applicant is agreeable to maintaining the contour of the land as it presently exists. Gehle indicated he is agreeable to that. Hawn inquired whether that would be agreeable to the Commissioners. It was the consensus of the Planning Commission that the Applicant should stay within the existing contours of the land. Weinberger stated in the two previous applications, the applicants were given credit for the hardcover in the south 0-75' setback. Weinberger stated it would be acceptable to Staff to keep within the existing contours of the land. Hawn stated she would be reluctant to approve any additional hardcover over what has been previously approved in the O'Keefe application. Weinberger stated O'Keefe was approved at 5,725 square feet in the south 0-75' setback and the Page 13 ORONO PLANNING COMMISSION MINUTES FOR FEBRUARY 23. 2000 C (#2SS9 Gilbert Gehle, Continued) 75-250' setback. Weinberger stated this proposal exceeds what was approved in the O'Keefe by 13 square feet. Gehle stated he would be willing to reduce the patio. Hawn indicated she would like to see the patio reduced to meet the same percentage that was approved in the O'Keefe application. Hawn stated she is willing to allow the contours of the land be restored, with no additional grading to accommodate a walkout, the existing garage and driveway to be removed, hardcover reduced to 5,725 square feet, no tree removal in the 0-75' setback, with the understanding the adjoining properties will not be negatively impacted by any drainage and grading, and submittal by the Applicant of the appropriate drainage and grading plans to City Staff for their review and comment. Hawn stated the Applicant will also need to work with City Staff on the issue of the placement of the driveway. Gaffron stated in his view that encompasses the issues. Hawn moved, Smith seconded, to recommend approval of Application #2559, Gilbert Gehle, 1392 Baldur Park Road, with the understanding the Applicant will submit a grading and drainage plan to City Staff for their review and comment subject to the grading being limited to restoration of the existing contours of the land, with no additional grading being allowed for a walkout; hardcover being reduced to 5,725 square feet in the south 0-75* and the 75-250* setbacks; the existing garage and driveway being removed, with the Applicant working with City Staff on placement of the new driveway to avoid the removal of mature trees; and further subject to no removal of trees within the 0-75* setback. VOTE: Ayes 4. Nays 0. (#7>^2561 FRANK AND BARBARA PETERSON. 1261 ARBOR STREET - VARIANCES, 9:18 p^fiL -10:00 p.m. The CertificalbsOf Mailing and Affidavit of Publication were noted. Barbara Peterson, Applicant, was present. Bottenberg stated the AppHs^ts are requesting variances to permit the construction of a 28 ’ by 32 ’ detached garage ooHw northwest comer of their lot. which will be accessed from Minnetonka Avenue The prope?ly,currently does not have a garage. The proposed garage will be constructed where parking space is clurently located. The shape of the lot is such that it does not allow for the garage doors to face away frqm the street. Bottenberg stated the property lies within 1 .OOolqet of French Lake, with the amount of proposed hardcover not exceeding the allowed 35 percent. BqUenberg stated the detached garage will increase the structural coverage from 10.9 percent to>7<3 percent, where 15 percent is allowed. A variance is required to allow the accessory structure tob^ocated five feet from the rear property line where 15 feet is required. A variance is also needed to the doors to be 20 feet from the traveled paved roadway where 30 feet or more is required and a><ariance to side street yard setback to permit the proposed garage to be located 10 feel from the side street lot line where 50 feet is required. Peterson presented the Planning Commission with pictures of other sheds antkqarages that exist In her neighborhood. Peterson inquired whether the 15 percent structural coverageiifnit is geared towards lakeshore properties or to the City at large. SofS Page 14 D TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator VI FROM: DATE: SUBJECT: Paul Weinberger, Zoning Administrator/Planner February 18,2000 av\v\ \ v\ ^ por-)- #2559 Gilbert Gehle 1392 Baldur Park Road Variances - Public Heaiing Zoning District:LR-IC One Family Lakeshore Residential District (% Acre) Lot Area:31,760 square feet (0.73 ac.) 960 square feet - traveled portion of Baldur Park Road 30,800 square feet - lot size (0.71 ac.) Application Request for hardcover variances to permit greater than 25% hardcover in the 75-250' lakeshore setback and to permit hardcover within 75' of the south lakeshore. A variance is required to permit a small amount of regrading within the south 0-75' lakeshore setback for a driveway. List of Exhibits A B C D E F G H 1 J K Application Hardship Statement Proposed Site Plan Lakeside Elevation Approved Site Plan (April 26, 1999) Approved Site Plan (August 24,1998) Resolution No. 4273 Resolution No. 4143 Hardcover Calculation Worksheets Property Owners List Plat Map »2S59 Gilbert Gehle 1392 Baldur Park Road Vartartces 2:23 00 Page I Pertinent Facts Lot area excl. traveled road = 30,800 s.f. = 0.71 ac. (Exceeds 0.50 ac. min. requirement) Lot width = 97.5‘ at shoreline, 113' at 75' setback (Exceeds 80% of 100' min. requirement) Section 10.03. Subdivision (61 (A) In "R" Districts of One Acre or Less and With Public Sanitary Sewer a lot of record existing upon the effective date of the Zoning Chapter in any "R" District up to and including one acre, which lot is serviced by public sanitary sewer and which does not meet the requirements of this Zoning Chapter as to area or width only, may be utilized for single family detached dwelling purposes without Council approval if the area measurements and width of that lot are within eighty percent (80%) of the requirements of this Zoning Chapter. The proposed development does not include the existing garage and driveway as shown on the survey/site plan attached to this report as Exhibit C The proposed development meets all setback requirements: Required Proposed Lake setback 75'80' Street setback 30'84’ W.side setback 10'17.5’ E.side setback 10’20' Hardcover Calculation Lake Setback Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0’-75' (Nortli)7,830 s.f.0 s.f.none (0%) 0 s.f.none 0'-75’ (South)7,780 s.f.1,170 s.f. (15.0%) none (0%) 540 s.f. (6.9%) 540 s.f. 75'-250’15,190 s.f.4,420 s.f. (29.1%) 3,797.5 s.f. (25%) 5,198 s.f. (34.2%) 1,400.5 s.f. Proposed Lot Coverage by Structures = 3,428 / 30,800 =11.1% (Meets 15% limit) *2fJ9 Gilbert Cehle 1392 BaUur Park Road yanancti : 25 00 Page! >xMXJKkCf%kMr.c V mhrrmIT !■ Background The existing house was built in 1910 according to tax records. The detached garage was built in 1973. A variance was granted in 1975 for an addition to the house and basement replacement. In 1989 a variance was granted for 4.940 s.f. hardcover in the 75-250’ zone and 1 ,893 s.f. in the south 0-75' zone (totaling 6,833 s.f.) for replacement with a new residence. The City Council has approved two land use applications on this property to permit removal of the existing structures and new construction on the property. Zoning Application #2370 Gary O’Keefe - Resolution No. 4143 (August 24,1998) approved the following: 5,725 s.f. hardcover in the South 0-75’ setback and the 75-250' setback. The rational was the property is located on a peninsula and has two 0-75' setbacks. Since the south 0-75' setback is required for access to the property and is separated from the lake by Baldur Park Road it was included for the calculation of hardcover on the property. Zoning Application #2457 David and Paula Lindberg -Resolution No. 4273 (April 26, 1999) approved the following: 5,606 s.f hardcover in the South 0-75’ setback and the 75-250’ setbc rk. The total was 1 19 s.f. less than the approval for the O’Keefe’s the previous year. ANALYSIS The property contains an existing residence and detached garage. That residence could potentially be expanded without variances. Any change in access to the property would require variances due to the access to the property being located within southerly 0-75' zone. Staff would agree with the applicant this does place an undue hardship on the property as the only driveway access is within 75' of the lakeshore. Hardcover variances are related to the size of the proposed house. A smaller house and garage could result in a reduction in the magnitude of the hardcover variance in the 75-250' zone. The southerly 0-75' hardcover variance as proposed is the minimum necessary to permit a driveway, and this is a factor unique to the property. StatT s primary concern is the preservation of mature trees within both 0-75' lakeshore setbacks. It is the Staffs position that no mature trees shall be removed within 75' of the lakeshore. The proposed driveway location may require some loss of natural vegetation. •255V Gilbert Gehlt 1592 Baldur Park Road Vanancts 2/23 00 Page 5 Past approvals have considered the overall hardcover on this lot assuming the southerly 0-75' setback, excluding the traveled area of Baldur Park Road, is added to the total area of the 75-250' setback. If the Planning Commission feels the same conditions apply to this latest variance request it could be assumed the same consideration may be requested on lots similar in character throughout the City. Although this condition only applies to a small percentage of lots in Orono. Surrounding Properties Applicant's lot is larger than most other lots in the neighborhood. It also is the highest lot in the neighborhood. The character of this neighborhood has evolved over the last 15 years as small summer cabins have been replaced by year round homes. None of this upgrade has occurred by combining two properties, so the applicant's existing double lot is somewhat unique. The proposed house would not be substantially greater in footprint area than other homes in the area. The house is similar in height to other homes along Baldur Park Road. The lake elevation (Exhibit D)shows a two story building with the lowest story being part of a walkout. It is the understanding that no grading within 75' of the north lakeshore has be applied for. Both recent applications have not allowed any grading within the lake setback. Grading within 75' of the north l^eshore would not preserve the existing natural appearance of the lot. The Comprehensive Plan discourages any changes to the natural grade along the lakeshore. Walkout entrances toward the lakeshore also expose more of the structure to lake users and thus promotes an unnatural appearance. Issues for Consideration 1.The applicants hardship statements are attached as Exhibit B. The amount of hardcover requested with this latest proposal is slightly greater than the two most recent approvals. However, this application has the least amount of driveway hardcover in the 75' lake setback. The hardcover has been replaced with a larger house than the most recent proposal. The plan appears to not direct new stormwater flows toward the neighboring properties. It would also be helpful to know whether the grading plan requires any importation or exportation of All, or if it's balanced between cuts and fills. Any approval should require the standard erosion control requirements. The intent of the property owner is to lower the house slightly which will soften the view of the house from the lake. The proposed hardcover on the property is slightly greater than the two most lecent approvals. The total hardcover proposed on the property 5,738 s.f. is 25% of the total land area within the southern 0-75' setback added to the 75-250' setback. Gilbert Gehle 13 Baldur Park Road Variances : :j no Paze 4 Staff Recommendation 1.Staff recommends approval of a hardcover variance for the southerly 0-75' zone to accommodate a driveway. The variance to allow hardcover in the 75-250' zone for a complete rebuild is not necessarily in keeping with the City's normal practice of holding new construction to a higher hardcover standard. The primary factor that supports some degree of hardcover variance is that the 75-250' zone is reduced in size by having lake on both ends of the lot. The fact that so much hardcover will be required to accommodate a side loading garage suggests that hardcover might be reduced by having an end-load garage, but due to topography it would have to be at a lower level to end up with a reasonably sloped driveway. It is possible to construct a reasonable sized house on the property without requiring the amount of hardcover proposed. The lot is a standard lot based on lot area and lot width. 2.The survey indicates the existing garage is to remain on the property. The applicant has been advised the garage would be required to be removed simultaneously with the existing house. In addition only one curb cut is permitted on an individual lot. Options for Planning Commission Action 1. 2. 3. 4. Recommend approval of the variances to permit no greater than 25% hardcover on the southern 250' of the lot, excluding the portion of the property that is used for the road. Recommend conditioned approval on preservation of existing mature trees, or develop a restoration plan if necessaiy and no greater than 25% hardcover. Table. Recommend denial. ^2559 Gilbert Gehle 1392 Baldur Park Road I'ar lances 22300 Page 5 A Application # Date Received i/iSloO Amount Paid CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INF9RMATION7 Site Address / Property Identification Number (P.I.D.) ^ i IT- 23 ^ 1 OOP .(month/year) Attach legal description to application if not included on required survey. Date PropcftaijAcquired _________________________________^________ I (do) (dajiot)-also own the adjacent parcels of land. Present use of property: ___^residentid other (specify) Zoning District: L R - 1 C ____________________________________________ APPLICANT Name 3:2 Ad • ess:A Xy/yv- OWNl R (if differen^an applicant) Phone (home) Phone (\^ork) V Name _ Address: City:/ZU'Zip: f^.^/7 Phone (home). Phone (work)_.v-ir-sT City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail:rjcu<rr / ^7/ VARIANCES REQUIRED ^ Lot Area _______________________________________^ (attach additional sheets if necess^) 0-75^ Lot Width i/ Hardcover / X Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:^_____________________________________ (attach additional sheets if necessary) Land Use Hardship for 1392 Baldur Park Rd., Oronoy MN This lot is particularly hard to develop for several reasons. The following issues should be considered: 1.Waterfront setbacks exist on the front and back of the lot. This allows for a very small total square footage to calculate hard cover. There is a pre-existing road on the south side of the lot which renders that waterfront unusable. We request that the 75 foot setback not be enforced from the roadside of the lot in order to calculate total square footage for hard cover. I believe this was done for previous applications on this lot. 2.A profile view of this lot shows evidence of previous excavation in the center of the lot to build up the land height towards the north waterfront. This buildup extends well inside the 75 ft. setback and results in high crown with a fairly steep slope running the length of lot to the waterfront within the setback. This crown is unnaturally higher than the adjacent lots. The previous excavation also results in an unnatural depression in the center lot where improvements are proposed. We have no intention of changing the overall slope and contour that exists on this lot within the waterfront setback. Some slight modification to the highest portions of the lot contour may be required within the setback area in order to blend the contour to the proposed new house. Efforts will be made to minimize these modifications within the setback area as shown on the lot plan. An alternative would be to allow for excavation down to approximately level 936 at approximately an 85 ft setback and level excavation out to intersect the existing contour at that level within the waterfront setback. This would return the lot to a more natural hill and keep the new house from appearing to be on a pedestal. 3.Consideration should be given to allow for approximately 60 sq. ft. of level landing area near the waterfront to allow for safety and accessibility from an access way from the house approaching the dock area. 4.In an effort to minimize the hard cover area proposed we request the driveway be moved to the west side of the lot as shown. This will maximize the lawn/soft cover and improve the drainage situation. Additional healthy trees can be placed around the pre-existing garage structure to compensate for any storm damaged trees lost for the driveway. This will also allow us to return the previously excavated area to the natural slope while improving drainage from the current contour. 5.Every effort should be made to allow the existing garage to remain. This will blend favorably with surrounding properties and eliminate the need for additional grading and fill. Exemption from hard cover calculations is requested since this area of the property is not being changed. U ^5 rr'O' LAKE Minnetonka C -929.4 CONTOUR LINE PI aVNY^VN^ Ccffisti\\ssyvro tL\ ^Slt>0 I L Q ifSrart.*rrA— LAKE MINNETONKA E ___________________________________________________________ o-SaT-’^ •I *• •• •• w «• mm ••• I r 7 ‘APPROVED HARDCOVER: »^ 0-75* North: NONE 7S-J50' & 0-75’ South (Area * 22,900 *0- 2,AA0 jf House *|t«A -f Attached 2.suUCa.ue Sloop, toilki and pouo Driveway j af \ )^eso£..A^~ I 5.725/22.900 - 25% I \;I h • 1 TT 1 V.O "••» It r I via. 1 II li V-» , S’ \.p» Itl & Jit *-c-Tbcrw-t—- 0oiA.t^^» \ A pprolue r l«or* 0 I V V Vd-^C.* ^' \IJ.! ‘1 _ ^ 1 •» / I-.« r • i ®-.t^ I •rVi -9 •Va >0>i [Soi:____ CN/ Tt>^* - W >s <c X U>ftc,E PAoMr YAWP lU ^ K<3't9 A^«Ap«)0. na>iMAi%c.luc&e. i \ •.■ < IN- ;...! I < \is<» lA " /A •—• ««-'k. ^•0.t.K I / Jr 5/\ P^\S> pPiv. —~-hdit3«»a».rtoN •* L-’. 6mA l*erEMDouT^qp«v.‘PAJrtfons;«,v:\'.? pi n ----------• --I* ^ •• • /• I•• ^••»*J •' e-i -4->7 w. 7/W®^ .Ol^ cfZ m CITYof ORONO RESOLUTION ori^E^JJITY COUNCIL ----------------------------------------------------- A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 AND SECTION 10.56, SUBDIVISION (L) (1&2) FILE #2457 WHEREAS, David Lindberg and Paula Lindberg (hereinafter "the applicants") are owners of the property located at 1392 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as follows; Lots 17 and 18, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance v«th Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held public hearings on February 16, 1999, March 15, 1999, md April 19, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10,56, Subdivision (L) (1&2) to permit hardcover for a driveway in the southerly 0-75’ setback and new construction of a house in the 75-250' setback where 3,797.5 sq. ft. (25%) hardcover is allowed where 4,556 sq. ft, (30%) is proposed. Minnesota: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #2457. The property is located in the LR-IC Zoning District, where 1/2 acre is the minimum lot area. The property consists of ,729 acres or 31,760 sq. ft. The Planning Commission reviewed this application on April 19, 1999, and recommended approval on a vote of 6 to 0. 4.The Planning Commission made the following findings of fact Page 1 of 4 W CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. r. ri 5. A.The property conforms to the minimum lot width at the 75' setback, where 100' is required and 113' exists. B.The proposed new construction removes hardcover in the northerly and southerly 0-75' setbacks. C.The proposed plan reduces the total amount of hardcover on site. D.The proposed plan meets the average lakeshore, lakeshore, and side yard setbacks. E.The proposed plan conforms to the stnactural lot coverage requirement. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but i > necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision (L) (1&2) to permit construction of a new residence with hardcover in the southerly 0-75' setback at 8.7% where none is allowed and 30% in the 75-250' setback where 25% is allowed. Approval was subject to the following conditions; 1.Applicants are advised that any changes to the plan dated January 20, 1999 and most revised April 5. 1999 by Coffin & Gronberg, Inc. will require reconsideration by the City Council. Page 2 of 4 CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. ; o Authorities granted by this variance run 'vith the property not with the applicants, but are permissive only and must be exercised by application for a budding permit within one year of the date of Council approval, or this variance will expire on that date (April 26, 2000). 3.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of thenjselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 26th day of April, 1999. ATTEST: Linda S. Vee, City Clerk Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of April, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 m CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO.A 9. STATE-OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of 199 _before me a Notary Public within and for said counQr, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC I STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC Page 4 of 4 L .... m'j'l ,•>1' H CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 14 H A RESOLUTION TO AMEND RESOLUTION NO. 4128 GRANTLNG VARIANCES TO NRTNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.55, SUBDIVISION 8; AND SECTION 10.56, SUBDIVISIONS 16(J) AND 16(L) AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03 SUBDIVISION 19 -FILE #2370 WHEREAS, Gary O'Keefe (hereinafter "the applicant") is owner of the property located at 1392 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as follows: Lots 17 and 18, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivision 16(J) and 16(L) to permit the construction of a new residence constituting hardcover in the 75-250' zone in excess of the 25% hardcover normally allowed in that zone, and to permit grading and land altetations within the 0-75' lakeshore protected area where such work is normally prohibited. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1.This application was reviewed as Zoning File #2370. 2.The property is 0.71 acres in area and is located in the LR-IC Single Family Lakeshore Residential Zoning District. Page 1 of 6 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO.4 J /• 3. 4. 5. 6. The Orono Planning Commission reviewed this application on May 18, June 15 and July 20, 1998 and on a vote of 6-0 recommended approval of a hardcover variance to allow hardcover on the property in the amount of 5,725 s.f. per the revised plans, and approval of a CUP for grading within the 0-75 lakeshore protected zones, based upon findings which are enumerated in Resolution No. 4128 dated July 27. 1998. On July 27, 1998 the City Council granted approval of the proposed variances and adopted Resolution No. 4128 with conditions. On August 10, 1998 the applicant requested Council approval for a revised plan which would reduce the hardcover associated with the house and driveway footprints in order to allow the addition of a patio while not e.xceeding the 5,725 s.f. hardcover level. The further revised plan eliminates the third upper level garage stall and reduces the area of driveway to free up additional hardcover for the patio. A lower level storage area will be incorporated below the garage, but will not be served by a driveway or other hardcover. The Council voted 4-0 to reconsider the application and voted 4-0 to allow the further revision as proposed subject to still meeting the 5,725 s.f. hardcover limit; that no driveway will be allowed to serve the lower stoiage area; and that no future variances are to be granted for this property. Council directed that staff bring a new resolution to the next Council meeting for adoption. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance and CUP on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property' in this zoning district, that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 6 CITYof ORONO I 1 >RESOLUTION O^THE CITY COUNCIL NO.■a 1.The City Council finds that granting a conditional use permit for the proposed grading in the 0-75' lakeshore setback zones as proposed will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor will such use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivisions 16(J) and 16(L) to permit the construction of a new residence and amenities constituting hardcover on the property of 5,725 s.f. per the approved revised site and hardcover plan attached to this Resolution as Exhibit A, and further grants a Conditional Use Permit for land alterations within the 0-75' lakeshore protected zones and v.ithin 5' of a lot line per the approved grading plan and site plan attached to this resolution as Exhibit B, subject to the following conditions: 1.No hardcover will be allowed in the northerly 0-75' zone. The only hardcover allowed in the 0-75' zone will be the portion of driveway as shown on the approved site plans. Hardcover in the southerly 0-75' and 75-250 zones shall not exceed the square footages per the site plan and hardcover worksheet attached to this resolution as Exhibit A, and shall not in any case exceed 5,725 s.f. in total. 2.Applicant is advised that hardcover on the property based on this approval will exceed the normal limits, and any future proposal to increase hardcover on the property will not be approved. It is the intent of the City Council that the level of hardcover approved with this resolution not be exceeded in the future, and that no additional hardcover variances will be granted in the future. Page 3 of 6 >posed mental affect lor will evel of of the variance i 8 ; and nee and site and mal Use a lot line ubject to lardcover ■n on the ( shall not t attached 75 s.f. in )roval will ver on the >uncil that ded in the the funire. CITY of ORONO resolution of the city council NO. _ili3----- J The revised plan which eliminates * incorporates a storage 8““** construction of a patio, is approved IS if —* lower storage area. 4 Any significant changes to the deems^o be " further Council review. S&-T f rs’ Building Inspector shall be maintained at all times. 6.Authorities granted by Ms ^f’bf'xerdLd’^by obtaining a applicants, but are permissive onty md building permit within one year of ^ will expire on that date (August 24. 1999). 7 Violation of or non-compliance vn* any **ji,all automatically ■;r:\:r r 'a^t^ ^“ * misdemeanor. g The undersigned applicant has read,“J^i^'”u«e»ors and assigns, *■of this resolution ^d on tehalf of "chain of title of the hereby agrees to the recording of this resoiu property. 5. Page 4 of 6 % CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ^ ^ 3 Adopted by the Orono City Council on the 24lh day of August, 1998. ATTEST: Linda S. Vee, City Clerk Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. Gabriel Jabbour, Mayof\^ The foregoing instrument was acknowledged before me on this 24th day of August, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 CITYof ORONO m RESOLUTSON OF THE CITY COUNCIL 4 14 3 ^NO. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) i On this day of , 1998 before me a Notary Public within and for said county, personally appeared Lr.t'i f-l. C.' n^/irrteA known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. C/»ilOLE A. HASEMAN NOTARY PUBLIC-MINKESOTA ft HENNEPIN COUNTY I MyCcir.misslcnEy;iresJ:n.31.?CC') r.t ■la NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) •• . ««I I *• •» •.-iJj____...ivj ^*APPROVED HA^1/' c^ii^ ^*^1 _*^®^**‘ ^N.'^1 75.250'&a-75’Sottib (Art*|. 7j ^ J ‘Vs,House ■A^ 6so>r. 360 sf 224iit li\ 5.725/22.900 - 25%\ HouseAtttcbe«12-suUCart»e Stoop. wiHuind pa**® Drivevay 0ycihfi>irA \ V* %•V 'Z. ^ ^ I IP. v^a # «I—1 -/.I \ ^ n 1.1 e |; f •f I; «•• [••s I Ml I*** Xc'S m *•.\ I ••f "V. 9 * L 11^ is.^W## Vr#’ - I9Ilxkj >u;c. fvi C. lUC&e, ^ *.iT ./vJ lA 5/\ r ^ !I'.'.t.K I «& ' (' •^,; v-gPnoOAC-'. .Srni. Kcte MTI P^T oT-PWWfcS» fSOtV.-PrUH-0«a .,V{ I# 4sUtJ«-SATiON __' • ' ' \n7»..— . 11 If -/.—........................._■ ... i-v. eP ^1 U • »• 1 \ ,' is«. « :;«? __V"i.l L t^iO «/ V t/ / ^lfe> &7 Pi^ • 1^ If .nnof~i>riTirij .JfclWfMM. I 1 /-'\ -1 itli J S' r ^ - T mgftis;-H rv) CM I 'A IsShm \I =»i^„C 7k«lL<£a:=- J fcjtj> o l*r • ^ -.„ ll^ 1^ ^• y T r % <rrvJr^*i|.^g.'V ► -Vi:; '/v>i»^t«f ' ,A»»>‘*5S' M og^-'h - •' I I J \A^*^ *«» I III ^**^**ijl*'^*^ -* .1. •*‘Vr-<e. *♦*&«■ ___ m>«aa 7/*}/«ty. i>^i- w f. r ' ‘ n 3 % • • •• • 7 ^j .r; U. <5 #?7/T» itm^. A.House (P/i C(//c€ / -n-oo^i~ti~oo Y HARDCOVERCALCULATION WORKSHEET rTT. ONE'k Co^7^75-250'250-500'500-1000' | ^ -.ST. SETBACK ZONE: (CHICLE ONE) CO-tID EXISTING Hardcover in zone S'Ci.tTN Length wid-ji B.Garage C.Driveway D.Sidewalk E.Patio/Deck F.Landscape Underlain By Plastic Or Fabric X X X G.Other X X X X X X X X X X — \r TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____B xlOO PROPOSED HARDCOVER IN ZONE' A.House Lcng*Jt X X X X wid-h B.Garage ( C Driveway A/<r fTx/r/-yA/^ X X ey^fr/j^c t/rf AOAJ D.Sidewalk E.Patio/Deck F.Landscape UndcrlaLn By Plastic Or Fabric X X X X X sx 8 G.Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ __ - B X 100 S.F. S.F. S.F. S.F. S.F. S;F. S.F. S.F. S.F. ,S.F. S.F. S.F. S.F. S.F. S.F. A S.F. B S.F. S.F. S.F. 'S.F. 5 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. y 7/^ F 'S.F. ^ A B 77gQ3.r. gHo s.y- fc.no Ho*' GtL c HARDCOVER CALCULATjLQ^LWORKSHEET SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A House _____________ 0-75' X (25-2503 250-500' /-/J-oo., -p s.^ 3 500-1000’ Length Width X X X S.F. S.F. S.F. B.Garage C.Driveway S.F. X X S.F. S.F. D.Sidewalk X X S.F. S.F. E.Patio/Dcck X X •K •• s • J S.F. S.F. F.Landscape Underlain By Plastic Or Fabric X X X s S3 S S.F. S.F. S.F. G.Other X S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A_ _ _ _ _ _ _B xlOO S.F. A S.F. B % PROPOSED HARDCOVER IN ZONE’ A House ______________X a S.F. fiOA rH Length Width X X X / € O S.F. _________S.F. *■‘S.F. B.Oarsge (^-^tSTIt^C) C.Driveway ______________ ---y <v\6Ve X X s /9VO S F. S.F. D.Sidewalk X X /so S F. S.F. 1 E.Patio/Dcck X X :/&o S.F. S.F. F.Landscape Underlain By Plastic Or Fabric. X X X S.F. S.F. S.F. G.Other Si TOT.'.. • .TDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ________ ____ B S.F. X 100 T ?_% A B Sint. 13 w •j?•fir <P/C /-/7-00 HARD CO VEfiX^LCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE)75-250'250-500'500-1000' EXISTING HARDCOVER IN ZONE A.House_____________X —--------------------------“ • ---------------------- I Length X X X B.Garage "C. Driveway X X D.Sidewalk X X E.Patio/Deck X X F.Landscape UnderlaLn By Plastis Or Fabric X X X G.Other X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____________B PROPOSED HARDCOVER IN ZONE' A. House _____________^ Length X X X B.Garage X C.Driveway X X D.Sidewalk X X E.Patio/Dsck X X F.Landscape Underlay By Plastic Or Fabric X X X G.Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A - - B Width \ i 'vt • X 100 Width X 100 13 S.F. 3 .f 3 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SI. SI. S.F. S.F. A SJ. B % SI. SI. S.F. ■*S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SI. S.F. S.F. S.F. A 7JPJA SI. B o ___Vo i r OTY I RUN DATE tl/lVOO lATCM St2 HCNNEPXN COUNTY PROPERTY XNFORHATXON SVSTEN PROPERTY OWNERS LXST REPORT NO. PXR35RM PACE 5 PROP AOOR OWNER NANE TANPAVER NAME/AODR PROP AODR OWNER NANE TAXPAYER NANE/ADDR PROP AODR OWNER NANE TANPAVER NANE/AOOR PROP AOOR OWNER NANE TANPAVER NANE/AOOR PROP AOOR OWNER NANE TAXPAYER NANE/AOOR SC RO-llT-aS 31 RRai •lAtR OALDUR PARK RD CHARLES 0 REXD CHARLES 0 REXD lAtR OALDUR PARK RO WAYZATA NN 5S391 3S M-llT-ZS 31 aRRS 0139R OALDUR PARK RD R J I H A WETT TRUSTEES RXCHARO t NARGE WETT 1390 OALDUR PARK RD WAYZATA NN 55391 30 R0-117-Z3 31 aaaA R1309 OALDUR PARK RD N 0 I J A VERSTEEC NARK 0 VERSTEEC 1309 OALDUR PARK RD WAYZATA NN 55391 30 ao-117-23 31 aaa5 R137A OALDUR PARK RD J WANG SDL OOTNWELL-WAN6 J WANG I 0 L OOTHWELL-WANO 1370 OALDUR PARK RO WAYZATA NN 55391 30 ao-117-23 31 aaR7 aaa3o address unassxcned WXLLIAN J N FRANKLIN HXLLXAN FRANKLXN 1730 NEW ORXGHTON OLVD NPLS HN 55913 30 ao-117-23 39 0017 01900 OALDUR PARK RD WXLLXAH L/KRXSTX 0 ANDERSON HXLLXAN L/KRXSTX 0 ANDERSON 1900 OALDUR PARK RO WAYZATA NN 55391 30 00-117-23 39 0031 00030 ADDRESS UNASSXCNED REGXNALD A SPXNDLER R A SPXNDLER SPRING FARN 0902 OURROUGHS RD H DEER PARK WA 99009 30 00-117-23 39 0032 00030 ADDRESS UNASSXCNED REGINALD A SPXNDLER R A SPXNDLER SPRING FARN 0902 OURROUGHS RD W DEER PARK HA 99009 SO 00-117-23 39 0039 00030 ADDRESS UNASSXCNED HENNEPIN FORFEITED LAND CITY DF ORONO P 0 DON 99 CRYSTAL DAY HN 55323 TOTAL OATCH 502 00013 SO 00-117-23 31 0003 01392 OALDUR PARK RD D LXNDOERO OPR LXNDOERO DAVID I PAULA R LXNDOERO 1392 OALDUR PARK RD WAYZATA HN 55391 SO 00-117-23 31 0009 00030 ADDRESS UNASSXCNED WXLLXAH J N FRANKLXN HXLLXAN FRANKLXN 1730 NEW ORXGHTON OLVD NPLS NN 55913 SO 00-117-23 39 0010 01909 OALDUR PARK RD CHARLES AFFXAS CHARLES AFFXAS 2939 JERSEY AVE S ST LOUIS PARK NN 55929 ‘M 30 00-117-23 39 0033 00030 ADDRESS UNASSXCNED HAROLD R KITCHEN HAROLD KITCHEN OOX 910 NXSSWA NN 59990 CH I IENIEN ICNE D IS ISi... • \ . .. . . I •. .. . . . -. • K 1 (1� - CnijNCIL MEETING APR 2 4 2000 CITY UH OHOfvg REQUEST FOR COUNCIL ACTION 12 m 11 ^ (1.f V 1 y 1 h DATE: 4/19/00 ITEM NO.: S" Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#2563 Mike and Ruth Filbrandt 3960 Bayside Road Sketch Plan Review Zoning: RR-1 A, One Family Rural Residential, 5 Acre Minimum lot size Application: Sketch Plan Review for a 26 acre parcel consisting of three tax parcels. List of Exhibits: A Memo (Mike Gafhon dated 3/17/00) B Planning Commission memo (3/20/00) C Planning Commission Minutes (3/20/00) Application Summary:The Filbrandts have owned the lots as one property for many years. They are interested in subdividing the properties to result in two buildable lots. The total acreage is approximately 9 acres of dry buildable land, where the minimum lot size is 5 acres in the RR-1 A district. The most appropriate way to subdivide the properties is by a lot l iie rearrangement because three separate tax parcels exist. However the lots share one address and have only been used as one residential property. (Survey is attached to the Planning Report as Exhi^'i: C) Planning Commission Review: The Planning Commission reviewed the Sketch Plan on March 20th and commented that some consideration should be given to rezone the property from 5 acre minimum lot size to 2 acre minimum lot size. The total dr>' area on the property may allow 3 or 4 lots if the property is rezoned. The property is adjacent to sewer which is located on the east side of the property. The lot was not part of the sewer project and is located outside of the MUSA. Please review Exhibit A, memo from Mike Gaffron dated March 17,2000 and E.xhibit B Planning report. --r] Council Action Requested To provide direction to the applicant on the following issues: 1. 2. 3. 4. Is it in keeping with the intent of the zoning code and Comprehensive Plan to rezone the property from 5 acre minimum lot size to 2 acre minimum lot size? Should the property be permitted to develop beyond one residential unit based on a total of 26 acres of land and that three separate tax parcels exist? This option would require at least a variance for lot area on one lot. Any subdivisions requiring variances involve “flexible zoning” requiring a plat. The City of Orono has commonly treated lot line rearrangements between 2 developed parcels as a Class I subdivision. A Class I subdivision would not require replatting even when the resulting lots do not meet lot width or area standards. This proposal would result in one non-conforming, undeveloped lot. The 3 record lots total only 9 acres in a 5 acre zoning district, and none of the 3 lots individually contains enough dry bulldable acres to be considered a record lot. Building permits can not be issued for construction of a new residence on any of the three lots without approval of variances for lot area and possible lot width. To: From: Date: Chair Hawn and Planning Commission Members Mike Gaffron, Senior Planning boordinator March 17,2000 Subject:Analysis of Codes Pertinent to Application #2563 A number of zoning/subdivision code sections are pertinent to the Planning Commission ’s review of this application. Section 1G.03 Subd. 6(A)(3): Subd. 6. Lot of Record. A lot of record is any lot for which a deed or registered land survey has been recorded in the office of the Register of Deeds or the Registrar of Titles for Hennepin County, Minnesota, prior to January 1, 1975, and after approval by the Council if required. Source; Municipal Code Effective Date: 9-14-67 A.Existing Lots. A lot of record existing upon January 1,1975 in an "R” District, which does not meet the requirements of the Zoning Chapter as to area or width may be utilized for a single family detached dwelling purpose provided that in the judgment of the Council such use does not adversely affect public health or safety and the following requirements are met; Source: City Code Effective Date; 4-1-84 3.In "R" Districts Not Served by Public Sanitary Sewer. A lot of record in any "R" District in the City not served by public sanitary sewer must meet the area and width requirements of the Zoning Chapter and shall not be utilized for single family detached dwelling purposes without Council approval. Source: City Code Effective Date; 4-1-84 In the Filbrandt situation, the 3 record lots total only 9 acres in a 5-acre zone, and norie of the three record lots individually contains 5 dry buildable acres. No permits for construction of a new residence on any of the three existing lots could be issued without City Council approval of lot area and/or width variance (which would normally be predicated on septic capability, access, etc.). #2563 - Sketch Plan Comments March 17,2000 Page 2 Section 10.03 Subd. 6(C): C.The separation by the transfer or sale of non-conforming, undeveloped lots not served by public sanitary sewer, aligned in a contiguous arrangement, undivided by a public or private road or road easement and under same or common ownership is not permitted without Council approval. Council approval is not required if the separation of such lots results in individual building sites that satisfy the area and width requirements of the Zoning Chapter. Source: City Code Effective Date: 4-1-84 Parcels B and C on the survey are in fact: a) non-conforming, b) undeveloped, c) aligned in “a contiguous arrangement, d) not separated by a road, and e) under common ownership. A literal reading of this section indicates that it would require Council approval to sell these two lots separately from each other to two different owners. This section might also be construed as suggesting that these two undeveloped lots may not be separately sold from the adjacent commonly owned substandard developed lot, because such a sale would leave the developed lot with an inability to become conforming (via a lot combination). Section 11.03 Subd. 2, Def. 65 (Definition of Subdivision) 65."Subdivision" - The separation of an area, parcel or tract of land under single ownership into two or more parcels, tracts, lots or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads or alleys, for residential, commercial, industrial, or other use or any combination thereof, except those separations: (a)Where all resulting parcels, tracts, lots or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses; (b)Creating cemetery lots; (c)Resulting from court orders, or the adjustment of a common boundary as long as each of the two resulting lots meets the requirements of the Zoning Chapter of the City Code. This definition indicates that division of a single parcel into two or more parcels is by definition a subdivision and subject to the subdivision code. The three exceptions define situations which would flot be considered as subdivisions, and would not be subject to the subdivision code. i .1 ..nrr:},, #2563 - Sketch Plan Comments March 17,2000 Page 3 In the Filbrandt situation, exception (a) does not apply because the resulting tracts from any division of any one of the 3 tax parcels (or even of all three combined) would not yield all parcels being 20 acres or larger. Exception (b) obviously does not apply. Exception (c) does riot apply because adjusting a common boundary between any two (or all three) of the three lots will not result in lots meeting the area requirement of the Zoning Chapter. Since none of the exceptions apply, the Filbrandt proposal is, by definition, a subdivision that must fit into one of the three Subdivision Classes defined below. Section 11.03 Subd. 2, Def. 66 (Subdivision Classification) This section defines the three categories or classifications of subdivisions, and within the definition contains certain procedures and standards for each Class. 66."Subdivision, Classification". a."Class I Subdivision" - A Class I Subdivision shall be exempt frorn platting by the City and shall be permitted subdivision by metes and bounds description described by a Registered Land Surveyor if it meets one or more of the following criteria: 1.The subdivision results in no more than tvi'o buildable lots where each resulting lot meets or exceeds five acres (217,800 square feet) of land, and each lot has at least 300 feet of frontage on a public roadway which has been accepted and opened by the City or on a private roadway open to travel or vehicular use pursuant to an easement between persons or between persons and the City, and where no flexible zoning application or extension of municipal utilities is involved; 2.The subdivision is a division of property previously combined for tax purposes; or 3.The subdivision consists only of the creation or alteration of a public or private easement for any purpose. I #2563 - Sketch Plan Comments March 17,2000 Page 4 b."Class II Subdivision" - A Class II Subdivision shall be a plat and may qualify for a limited review procedure established in this Chapter if it meets all of the following criteria; 1 • The subdhision results in no more than two buildable lots, one or both of which are less than 5 acres (217,800 square feel) of land qt one or both of which have less than 300 feet of frontage on a public road roadway which has been accepted and opened by the Cit>’ or on a private roadway open to travel or vehicular use pursuant to an easement between persons or betwen persons and the City; and 2.The subdivision does involve the vacation or dedication of public roadways or extension of municipal utilities; and 3.The subdivision does not involve any flexible zoning application; and 4.The subdivision may include the creation of outlets and easements for access, open space, flowage. conservation, etc. in addition to the two buildable lots. c."Class III Subdivision" - A Class II subdivision shall be a plat which includes, but is not limited to, a subdivision which meets one or more of the following criteria: 1.The subdivision results in three or more buildable lots; or 2.The subdivision involves a flexible zoning application; or 3.The subdivision involves the vacation or dedication of a public roadway; or 4.The subdivision involves the extension of municipal utilities. "Flexible Zoning" per Section 11.03, Def. 17, "includes but is not limited to: all special or conditional use permits, variances, plarmed unit development and rezoning. #2563 - Sketch Plan Comments March 17,2000 Page 5 In practice, the City has commonly treated lot line reanangements between two developed parcels as a Class I subdivision, not requiring a plat (which adds to the applicant’s costs) even when the resulting lots have not met zoning district lot area and width standards. This practice has been a relatively efficient method for persons to transfer an excess portion of their property- to an abutting neighbor. In most if not all cases, however, such "Lot Line Reanangement Subdivisions" have not allowed a conforming property to become non-conforming as a result of selling off a portion to the neighbor. A Class II or III subdivision, requiring a plat, is virtually always required when creating new building sites from a single parcel or group of parcels. The only exception is when the resulting 1 jts are each 20 acres or larger, such as the Steve White subdivision further west on Bayside Road. It is uncommon to take three or more tax parcels and convert them into just two lots;, although on West Lake Street an owner of four adjacent ta.x parcels was allowed via combination and lot line reanangement to end up with two substandard building sites where two developed lots with existing homes had already existed. In that case, it could be argued that the owner had rights to two lots established by the existence of two homes and the prior payment of two sewer assessments. Analysis of Filbrandt Situation Filbrandt could conceivably create from his 26 acres, two lots, one with the existing home and one undeveloped, each having 300 feet of frontage on Bayside Road, but one would fall short of the 5-acre requirement, which automatically requires a variance, making this a ‘flexible zoning’ situation and therefore making it at least a Class II subdivision requiring a plat. Section 11.03, Subd. 14(A) states under the heading "Special Requirements for Plats" as follows: "A. Zoning Regulations. Every plat shall conform to existing zoning regulations and subdivision regulations applicable at the time of final plat approval. Variances shall not be approved to increase the overall subdivision density above the minimum lot area requirements of the applicable zoning district and this Chapter." The minimum lot area requirements of the RR-IA zoning district are 5 acres of dry buildable land, of which two acres must be contiguous with the identified building site (so the three required additional acres must be within the lot but could be separated by a wetland). This gives Filbrandt some potential use of the northerly portion of the site if he can acquire enough dry buildable to result in 10 dry acres total. ^9 #2563 - Sketch Plan Comments March 17,2000 Page 6 Summary 1. 2. 3. 4. 5. The Code disallows separation (by sale) of the two substandard undeveloped lots without Council approval. Council would presumably only approve such sale if 1) one of the lots was intended to be sold to an abutting landowner for legal combination; or 2) if Council deemed that the lots were in fact individually buildable. It can be reasonably argued that the Code is intended to also disallow selling off the substandard undeveloped parcels from the developed substandard parcel, because as a group the parcels act as a conforming lot, but separately they do not. Rearranging lot lines between and among the 1 substandard developed lot and the 2_ substandard undeveloped lots, at best could result in 1 conforming developed lot and 1 substandard undeveloped lot. This method should only be used if Planning Commission and Council would have granted variances to one of the existing undeveloped lots absent a lot line rearrangement. Technically and based on past practice, this proposal to create a second buildable lot from 26 acres of which only 9 acres is dry buildable, will require a variance, which by definition makes it a Class II subdivision requiring a plat. The code does not allow the granting of density variances to new plats that create new building lots. The City has varied from this policy in only three known cases since 1975. The first involved a prior density contract in regards to a sewer project. The second was the result of a court order in relation to a condemnation for roadway purposes. The third was the result of City rezoning action to eliminate a marina use on Stubbs Bay. Each of these cases was unique. The only other use of platting where lots have ended up being substandard is for replatting of groups of platted developed properties where no new substandard undeveloped lots are created (Scotch Pine Lane vacation/replat is a recent example). The City may set a negative precedent by allowing 9 acres in common ownership in the 5-acre zone to be rearranged to create a second building site, whereby either the existing developed lot or the new undeveloped lot will be substandard in area. TO: FROM: DATE: RE: Chair Hawn and Orono Planning Commissioners Ron Moorse, City Administrator Paul Weinberger, Zoning Administrator/Planner March 20,2000 #2563 Mike and Ruth Filbrandt 3960 Bayside Road Sketch Plan Review Zoning:RR-1 A, One Family Rural Residential, 5 Acre Minimum lot size Application: Sketch Plan Review for 3 tax parcels to create 2 non-conforming lots. List of Exhibits: A B C D E F Application Plat Map Site Survey Zoning Map MUSA Boundary Map Permit Record Application Summary: The Filbrandts have owned the lots as one property for many years. They are interested in subdividing the properties to result in two buildable lots. The total acreage is approximately 9 acres of dry buildable land, where the minimum lot size is 5 acres in the RR-1 A district. The most appropriate way to subdivide the properties is by a lot line rearrangement because three separate tax parcels exist. However the lots share one address and have only been used as one residential property.______________ Lot Size ANALYSIS 26 acres 9 acres dry land (approximate) 17 acres wet land (approximate) A wetland delineation has not been completed on the propert>' to identify the actual location of the wetland boundary. About 3/4s of an acre of dry land is not contiguous and is located at the far northwestern comer of the 26 acre property. In the 5 acre district two acres must be dry contiguous and have a total of 5 acres dry land. t^2565 Mike and Ruth Fiibrandt 3960 Baystde Road Sketch Plan Review March 20. 2000 page-I Area, Lot Width and Yard Requirements Lot Area Lot Width Front Yard Side Yard Rear Yard 5 acres 300 feet 100 feet 50 feet 100 feet Access: Access to the existing property is via a private driveway that is shared with two other residences to the west. The driveway intersects with Tonkawa Road and Bayside Road. The subdivision ordinance and Comprehensive Plan suggest a road should be constructed when 3 or more residences are served. It is unlikely access to a second lot from Bayside Road would be the desired option. Bayside Road is a County Road and would require extensive grading to create a safe access. We have not contacted Hennepin County about access since it is unclear where the property line would be located if a subdivision is approved. Septic Sites: Before a subdivision application is received on the property 4 new septic sites must be identified, resulting in 2 standard systems on each property. The existing septic drainfield has been determined to be non-compliant and is required to be replaced by 12/31/2007. The topography of the site may be a challenge to locate 4 sites on the property. It is Staffs position that without four septic sites it would not be possible to create a second building site on the property. No site testing has been completed for the Sketch Plan Review. Surrounding Properties: The property is located in the RR-1A zoning district (Please refer to the attached zoning map Exhibit D.) North is zoned RR-1A (5 acre) South is zoned LR-1A (2 acre) West is zoned RR-IA (5 acre) East is zoned RR-IB (2 acre) 9256 J Mike and Ruth Filbrandt 5960 Bay side Road Sketch Plan Review March 20. 2000 pagf-2 Primary Issue for Discussion: Lot Line Rearrangements have not been revie wed by the Planning Commission in most cases as a Sketch Plan. The proposed rearrangement involves one residential property that would be split to make the potential for a second lot possible. It is not lear why the three separate tax parcels have not been combined. If they where under one tax ID a subdivision would not be possible without granting variances to the minimum 5 acre l t size. The · otential exists for the existing property owner to sell the three existing lots independently. This creates the chance the City cou.l d have requests to build on the existing parcels that are less than 5. . acres m size. Orono has approved lot line rearrangements in the past. In most cases when lots did not meet the minimum lot size requirements and the subdivision was approved the properties had existed as two residential sites in the past. This rearrangement would create a second site where only one residence exists. Other Issues for Discussion: 1.The lots are less than 10 acres dry land. It is a fact th lots are recorded as three separate tax parcels. If the properties were combined it would be a requirement the lot be replatted and variances to lot area granted. The City of Orono has been consistent by not granting variances for lot area within subdivisions.. In this case i it he position of the Planning Commission because three tru lots e · st a lot line r , � gement 1s possible to create a second lot, or a th· rd? 2.Access is via a private drive shared ith other lots to the west. If an additional property requires access should a road be constructed per requirements of the Subdivision Ordinance, and intent of the Comp Plan? 3.Septic test·n n a Wetland Delineation Report shall b completed prior to an_ formal subdivi i n pplication. ·Onl one sit· is located on the property that has been identified as a non-c mp!iant syst m du to the drainfi 1 ' . _ 1 vation being ithin 3' of the water table. The m t recent insp ction of the septic sr ' 1 was comp eted 11/12/99. Replacement of the sy em is requir d b 12/31/2007. # 563 ,\(1 and Ruth F,/ r ndt J96 B sr. Road ,,,, Pion R I ' Warch · 0 .• 000 pa J • CITY OF ORONO -SUBDIVISION APPLIC AT'ION PROPERTY LOCATION Site address. 3qb() BWCIDE-fD Application # . ;;. S (o 3 Date Received 2 I I i Joij Amount Paid ,12 ( O Property Identification Number (PID) _ Ci<;// 7 1-3 � '\ £) D v I Please check one -Property __ abstract or __ torrens? Attach legal description to application. PPLICANT A Name 1ft ,/f,f;. b: f?v-rJ-( li_l.ilefiNl)TA�dress :::a � rim,;, /2(.> _ Phone (home)'/lf [}'ff City agp� __lfair-_ Zip «1aPhone (work) ___ _ OWNER (if different than appli cant) Name SAM�Address _________________ Phone (home) ___ _ City _______________ Zip __ Phone (wor k) ___ _ ( attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) Present Zoning District PROPOSAL 17 Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units _/ __ _ Other (specify) ____ _ s ,11(.J'e, 6i JM.. Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites / Number of Building Sites _ __.._ __ E isting Units Proposed Oro -Density Minimum Lot Size Proposed Use (check / Ne Units 1..---' otal Units ____ Units per __ Acres ____ Sq. Ft. Dry Buildable Land Residential ---- ----Other (specify) ___ _ 9 --__... - <: ... �,•.. ... ,,. ' •.. �4 __ ••• r • .. . I • . ' I . I •.I I• . •. I . • . ' . . t ' . ; '•. I, . I • I i I ; ,-1 /· I .. I I I I II - •• --1-------------� ! \ • • t--------_.,__......, __ __. _ _._ ___ -, ___ ...., ___ _ l·-·--l --� I e- Z· en I ' I I I I I I -·� ,, .... • ' ' ' ' ' • ll�rs10E �-y �� _. ----· .� ·---· i �---··· ·-........ --'··-·· • � � � ... . - • ' ' • I I I • • , •• # .. N-•-LA1oi,,:� • • ..... --• • YI II ---·-···c··· I C . i. :. �- 'O .: i i -! ��-�, -I . . -��:- ··-=- :� \ � ti ' ........... . I ' N cw � t;/) � ;'Tl • (" • � � • � .. _., • ., ... A .. -• (); � • : •• .I • (.,i,! � � � �• � • J ··-· ,r-·-·. . .. , ... ·:. . . . · .......... ' .. �1fB B . ........._.__ __ ____ . "--..._ ----------........ __ .. __ -------... --------- • I �! RR·1A I· c,,,,s i e Or . er P«)AT'H -- WAY ATA ' RR·1 B MAX El:. � ,- D •· 3� •'V :—n I ! 1 •••‘t "» i‘-<—1! •' .» .M t v: , I ; 3^G0 B««vsicU. : Roc^,cl ..;■-: .S-r, r -* Kr:-<h/i----------I j.. .1 i Oj i '■■•.' '"\.“T¥ Wb:j J I I \ p 11^ I 1 M A. v>; z' I.-• •1 f (“•i 1 1 < 4 • I—■*'— • »1 L« _______::-> rv\us/\ ^ovA-\r\c^oc^ !IJ \ f -•—r- Wn .m Xz till KflMTOU V' \^A —=:=ip^-^ nri#*’ f-»•4'^A V '^-'\ ------1 / I X-x,■latroMA ilf I minis lIMflSj LN 7-'7a f // .V Siis rr^ .a V ••w>^ iMi iiimiromcA #r «i«f H,t. C^\>, V \ * y. •• ·- PERMIT RECORD Permit No. Date Type of Permit \l9 _ 7 - 6 <:/ ·xc ,J 2 zYLI c2:,w it> o .1,cu kQ 120 r�d a ? 11)1. ____ __,,/ ____ 1-...a.i:6�15�-_____ C)-,.....a,-e ....... L�<1 .... :)j---311 ......a _____ _ \ -tt/7'£_ CJ-;-13 ·lJ,; c/0 -�------;�-g.q�'??"J ,L-......,, _{d_J3_ __ ... __ �_,_,� 1) -� /w-LL ______ .,.. --------------------·------- .----------------------------- ----.-.. -----■--.... ·-----------·-·------------ ----··-------------------------_______________________ , _________ -------------------------- ------------- --------------·--- ---: ------------------------ -----·---------------------- ---------·-------------------- --------------------·------ ------.-......--. .. ,_,__...., _______ , _____________ r- ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 20,2000 (#2$B6>4a^mes Langhans, Continued) Langhans statecftha^iardcover in that area will be slightly reduced with this proposal. Langhans noted some areas of hardcover cannot be removed due to erosion problems. Lindquist noted the structural coverdga^this property will remain under the allowable 15 percent limit. Lindquist stated he does not havea'pFoblem with this application. There were no public comments regarding this appli^ Motion by Hawn, second by Lindquist, to recommend approvld'ot^plication #2566, James Langhans, 1366 Rest Point Road, granting of a variance to mko^hore hardcover to permit the removal of a lakeside deck and replace it with a 16* by 18* addittoiLand a 465 square foot deck. VOTE: Ayes 5, Nays 0. SKETCH PLAN (#8) #2563 MIKE AND RUTH FILBRANDT, 3960 BAYSIDE ROAD, SKETCH PLAN REVIEW Mike Filbrandt, Applicant, and Tracy Ingram. Contractor, were present. Weinberger stated this is a sketch plan review. The Applicants are interested in subdividing the property into two buildable tots. The total acreage consists of approximately nine acres of dry buildable land, with the minimum lot size being five acres in the RR-1A district. Weinberger stated there is an issue with the amount of v/etlands in the area. Weinberger stated the most appropriate way to subdivide the property would be to do a lot line r£ arrangement because three separate tax parcels exist. Filbrandt stated in approximately 1979, the City Council elected to make this property five acres, with the surrounding land being zoned two acres. Filbrandt acknowledged that there is some wetlands in the area which will need to be delineated. Filbrandt stated he is looking at creating two or three lots. Weinberger stated City Staff has discussed with the Applicants the most appropriate way to subdivide this property. Weinberger staled they have considered a lot line rearrangement and a replatting of the property. Weinberger stated there currently exist three separate tax parcels which have not been combined and could potentially be sold as three separate lots. Weinberger stated it is possible that Lot A would meet the minimum five acre standard, which has not been determined at this time due to the lack of a wetland delineation. The property consists of 27 acres. 17 of which are considered to be wetland. A lot line rearrangement is not currently permitted by code the way it could potentially occur on this lot. The City of Orono has used lot line rearrangements when there are two lots that could be developed residentially to create lots that are more comparable in size with the zoning in the area. Weinberger staled a lot line rearrangement in this case would allow the number of dwelling units to incr ease on this property from what currently exists. The ordinance requires that there be two cc' t erming lots, and does not allow for any flexible zoning issues such as a variance. Weinberger stated according to the way the Ordinance currently reads, the only way to legally Page 13 ORONO PLANNING COMMISSION MEETING MINUTES FOR ^URCH 20, 2000 (#2563 Mike and Ruth Filbrandt, Continued) develop this property would be to replat the property, which would make it a Class III subdivision because flexible zoning is required in this instance from the five acre zoning requirement. Weinberger stated some other issues the Applicant will need to consider is the availability of acceptable septic sites for both lots, lot width, and adequate access. In order for the Applicant to accurately determine how much land is available for each lot in the subdivision. Filbrandt stated there may be some additional land in the rear that could possibly count as dry land and raise the total dry buildable land to ten acres. Lindquist commented that perhaps some consideration could be given to rezoning this area to two acres. Lindquist stated he would prefer seeing two acre zoning in this area versus have one five acre lot and one four acre lot. Weinberger stated the wetland delineation will help determine how much dry buildable land is aaually available. Weinberger stated they did not consider rezoning this area to two acres due to the City’s Comprehensive Plan. Lindquist stated the rezoning issue will need to be reviewed and approved by the City Council. Berg commented in her view rezoning to two acres is a viable option that should be considered for this property. Berg stated she is unsure why this area was zoned five acres. Hawn suggested if the Applicant is unable to meet the five acre minimum, to give some consideration to requesting that this area be rezoned to two acres. •LANNING COMMISSION COMMENTS (#9) RBRORT of planning COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETING^ON FEBRUARY 28. 2000 AND MARCH 13. 2000 Nygard stated the CilyGouncil is continuing to pursue the Dakota Rail to Trail project. Hawn noted the Planning Commi^on has been requested to meet with the Long Lake Planning Commission to discuss Wayzata^'B^^lopment Guidelines and Comprehensive Plan, with a meeting date scheduled for April 11 p m. Hawn stated she would like the Orono Planning Commission to meet in a workshop setting ))fiqr to that meeting. Hawn commented one reason for the joint meeting is to consider the possibility mbopperating on development that may occur along the Highway 12 corridor. (#10) OTHER ISSUES FOR DISCUSSION None Page 14 I ,._J Application Date: 2/16/00 Completion Date: 2/16/00 Deadline:6/15/00 COUNCIL MEETING APR 2 4 2000 CITY OF ORONO REQUEST FOR COUNCIL ACTION DATE: 4/21/00 ITEM NO.: (o Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#2567 Walfred Properties 2380 Shadywood Road Commercial Site Plan Review Code AmendmentA^ariances/Conditional Use Permit Vacation of a portion of Navarre Lane and rezone to B-5 Zoning Application B-S, Limited Neighborhood Business District Commercial Site Plan review for construction of a Snyder ’s Drugstore on the Grace Baptist Church site in Navarre. List of Exhibits A B C D E F G H I Proposed Site Plan (4/20/00) Draft Resolution approving Commercial Site Plan Draft Resolution approving Lane Vacation Ordinance adding “drug store" to conditional uses in the B-5 district A4 - Building Elevation Sketches/Duilding Sign Plan C-1 Grading Plan C-2 Utility Plan C-3 Erosion Control Plan L-1 Landscaping Plan Review of Application The City Council referred this application back to the Planning Commission for further study. The site plan has been revised by removing the second floor “clinic” use and removing the underground parking. The proposed site plan has been attached to this memo as Exhibit A. The following approvals are being requested by the applicant: #2567 Walfrcd Properties 2380 Shad>^ood Road Commercial Site Plan Review April 24, 2000 pagt-l 1. 2.; 3. 4. 5. 6. Commercial Site Plan for a Snyder’s drug store. Variances to permit hardcover to exceed 35% in the 500' to 1000' lakeshore setback. Code Amendment to add drug stores as a conditional use in the B-5 district. Vacation of a part of undeveloped Navarre Lane. Rezoning that portion of Navarre Lane to be vacated to B-5. Conditional Use Permit to permit a drug store on the property. As of the time of this memo revised plans have not been submitted by the applicants. Any approvals to the site plan will require additional review by City Staff based upon the conditions listed in the resolutions attached to this memo. The applicants have stated they would have a complete set of plans prior to the Council meeting. Planning Commission Recommendation The Planning Commission reviewed the land use application on April 17,2000 and recommended by a vote of 5 to 0 to amend the zoning code to recommend approval of the site plan and approve the code amendment to allow drugstores as a conditional use in the B-5 zoning district, subject to the following conditions: 1. 2. To limit the hours of operation to 8:00 a.m, to 10:00 p.m. The project engineer must provide a report confirming the proposed stormwater management piond meets all NURP standards. Part of the pond and grading is located off site. Applicant shall obtain drainage and temporary work easements from the adjacent property owner (Lafayette Ridge Homeowners) to permit the pond construction. 3.Utility easements shall be granted over the vacated portion of Navarre Lane, as existing sewer, water, phone, gas, etc. are located within the road. 4.Drainage and Utility easements shall be granted 1 O' along property lines. .To relocate the trail to connect Olive Avenue to Shadywood Road. 6.City Engineer must review and approve site grading, ponding, stormwater management plan and relocation of utilities. Staff Recommendation Staff is not prepared to recommend approval of the application until the final plans have been submitted and approved. However, if the Council wishes to grant conditional approval of the application staff has prepared resolutions to approve the site plan and vacate Navarre Lane. Additionally, Staff has prepared an ordinance to adopt the language change in the Code that would allow “drug stores ” as a conditional use in the B-5 district. <^2567 Walficd Properties 2380 Shadywood Knad Commcrci^ Site Plan Review April 21 2000 page-2 '•y.......... Options for Council Action 1.Table for additional information or revisions 2.Approve both resolutions and ordinance amendment, with conditions as listed in the resolutions, and direct Staff to draft ordinance formally approving the rezoning of Navarre Lane. 3.Deny (state reasons) 4.Other action. H*1 } .-1 ■ft .=1 w‘.>i <1^2567 Wilfred Properties 2380 Shidywood Road Commercial Site Plan Review Aprii 24, 2000 pag€-3 A S\TE PLflM iJ f9linn / A RESOLUTION GRANTING VARIANCES TO ORONO MUNICIPAL ZONING CODE SECTIONS 10.56 SUBDIVISION 16(L), CONDITIONAL USE PERMITS PER SECTION 10.03,SUBDIVISIONS 19-21, AND APPROVING THE ISSUANCE OF A BUILDING PERMIT TO WALFRED PROPERTIES FOR THE PROPERTY LOCATED AT 2380 SHADYWOOD ROAD PER MUNICIPAL ZONING CODE SECTION 10.44, SUBDIVISION 2 FILE NO. 2567 WHEREAS, Walfred Properties (hereinafter the "applicant") is owner of the property located at 2380 Shadywood Road located within the City of Orono (hereinafter the "City") and legally described as follows: Lots 19, 20, 21 and 22, Wiley's Navarre Addition, Lake Minnetonka; and that part of Lot 5, Block 3, Townsite of Langdon Park, described as follows: Beginning at the Northeasterly corner of said Lot 5; thence Northwesterly along the Northerly line of said Lot 5 to the Northeasterly line of the public highway running across said Lot 5 and known as Minnetonka Lake Park and Maple Plain Road (now County Road No. 19); thence Southeasterly along the Northeasterly line of said road to the Easterly line of Lot 5; thence Northerly along the Easterly line of said Lot 5 to the point of beginning. Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have applied to the City for a building permit per Municipal Zoning Code Section 10.44, Subd. 2 to permit the commercial development of the property that includes the approval of the following variances: 1.Section 10.56, Subd. 16 (L) - Hardcover variance: Page 1 of 12 L. A.500-1000' (North portion of property): Zone area = 36,150 s.f. ±. Proposed Hardcover = ________s.f. jt = Allowed Hardcover = 35% = 12,650 s.f. jh B 500-1000' (South portion of property): Zone area = 10,100 s.f. ±. Proposed Hardcover =_______s.f. jt =% Allowed Hardcover = 35 % = 3,535 s.f. jH WHEREAS) the Orono Planning Commission reviewed this application at a public hearing held on March 20, 2000 and recommended approval by a vote of 3 to 2 of the development plans per the conunercial site plan, building elevations, and landscape plan prepared by Paramount Engineering & Design; and WHEREAS) the City Council on April 10, 2000 reviewed the recommendations of the staff. Planning Conunission, Park Commission and City Engineer and voted unanimously to return the site plan review to the Planning Commission for further study; and WHEREAS) the Planning Commission reviewed the revised application on April 17, 2000 and recommended unanimous approval of the revised site plans subject to the applicants revise the pedestrian access to the property and landscaping plan to permit a trail to connection between Olive Avenue and Shadywood Road and eliminate the trail that was proposed along the east boundary; and WHEREAS, the Orono City Council makes the following findings in regard to this application: FINDINGS 1. 2. This application was reviewed as Zoning File M2561. The property is located in the B-5 Limited Neighborhood Business District requiring 20,(XX) s.f. in area. The property consists of 85,000 s.f. Page 2 of 12 3. 4. 5. 6. 7. 8. 9. 10. The development plans include an 11,900 s.f. one-story retail building proposed for a Snyder’s Drugstore. The total floor area that can be utilized for retail space is 9,000 s.f. based on the parking requirements. "Drug Stores" are not a permitted or conditional use in the B-5 zoning district. The applicants have requested an amendment to the B-5 district that would permit or conditionally permit drug stores. Per Section 10.61, Subd. 10, required off-street parking is approved as follows; Retail = 1 stall per each 150 s.f. of net floor area 9,000 s.f. net floor area -j- 150 s.f. = 60 spaces The stormwater retention pond located at the rear of the property will be expanded to accommodate surface runoff from this site. All surface runoff will be directed via underground storm sewers to this stormwater retention area before discharging to the designated wetland to the southeast of the property. Applicant’s development of the proposed site plan is dependent upon completion of the vacation of a portion of Navarre Lane as originally agreed to by the City. A trail connection is required to connect Olive Avenue to Shadywood Road around the north side of the property and as shown on the site plan dated _____________, by Tom Reinen, Reinen Architects. The property abuts the LR-IC Single Family Lakeshore Residential Zoning District to the north and east. Adjacent and nearby property owners were legally notified of the public hearing for this project and were given opportunity to speak at that hearing. The site is requires significant filling and grading to accommodate the proposed improvements. The proposed site grading plans have been reviewed by staff, the City Engineer, the Planning Commission, Park Commission and Page 3 of 12 the City Council and have been found to be generally appropriate for development of this site, subject to adjustments to be made via a final grading plan which will have to be approved by the City prior to issuance of a building permit. 11.Structural coverage on the site is proposed at 14%, meeting the 15% limitation on lot coverage by structures. 12.The property has a unique shape and is a 'through' lot, abutting Olive Avenue to the rear and Shadywood Road (County Road 19) on the front. The orientation of the building is toward Shadywood Road, minimizing any commercial appearance or activity as viewed from Olive Avenue, except the drive through lane is on the north side of the building. Landscaping and buffering is required to fully screen the drive through and any loading areas on this portion of the property. 13.The proposed hardcover variance is mitigated by the fact that all surface runoff from the site will be directed to a stormwater retention (NURP) pond designed to enhance the quality of runoff waters prior to their discharge from the site. The rnagnimde of hardcover variance is further justified by the fact that less than 1 percent of the City's shoreland areas are devoted to commercial uses, hence the overall impact of the excess hardcover created by commercial uses is relatively minor, especially when such impacts are mitigated by stormwater treatment facilities. Further, the parking requirements do not make it possible to develop commercial properties that would not exceed the allowed hardcover in most shoreland areas. 14.The proposed site plan, landscape plan and building design incorporate features and elements which make this development appropriate for the B-5 District, especially in relation to its adjacency to an existing residential neighborhood. Such features and elements include orientation of the building toward Shadywood Road with no vehicular access to the site from Olive Avenue or Navarre Lane, eliminating neighborhood traffic concerns; sufficient setback and vegetative buffering along the Olive Avenue boundary and the northerly boundary of the site; creation of a pedestrian pathway through the site to Page 4 of 12 15. 16. 17. 18. 19. allow the neighborhood easy access to the commercial areas in Navarre. The Council fmds that the brick facade proposed is acceptable per Zoning Code Section 10.45 Subdivision 6G(le). The signage on the property is limited to 381 s.f. based on the total lineal frontage on Shady wood Road. The building plans submitted indicate the proposed signage meets the requirements of Section 10.61. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances and conditional use permits on the health, safety and welfare of the community. The Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the requested variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties, would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council finds that granting a conditional use permit for land alteration and allowing a drug store as a conditional use will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS NOW, THEREFORE, BE IT RESOLVED that the City Council of the City Page 5 of 12 of Orono hereby approves the commercial site plan, building elevations and landscape plan referenced above and approves the variances as requested based on the unique findings and hardships noted in this resolution a conditional use permit for grading; a conditional use permit for a drug store; and approves the City's issuing a building permit for the proposed Snyder’s Drug Store (for the site plan attached as Exhibit A) to Walfred Properties subject to the following conditions; 1. 2. Upon application for a building permit, applicant shall provide the following information for the review and approval by the City Engineer and Department of Public Works: A.Plans and specifications for service line connections around the proposed NURP pond. As-built plans shall be provided to the City upon completion. The Public Works Department shall review any potential problems associated with additional cover placed over existing water or sewer mains, especially in conjunction with the vacated portions of Navarre Lane. All utility improvements shall be reviewed and approved by Public Works and the City Engineer. B.Final grading, drainage and erosion control plan showing existing and proposed contours, building locations, elevations, stormwater pond, utilities and erosion control measures to be used during construction. A building permit cannot be issued until the Minnehaha Creek Watershed District has approved the stormwater plans. C.Engineering details and design must be provided for the proposed retaining walls. The City Council shall vacate the portions of Navarre Lane to provide utility, parking and storm water treatment space on the property. Prior to any building permits being approved the applicant shall provide easements acceptable to the City Attorney for use of the east 33' of Navarre Lane that would be vacated in favor of the Lafayette Ridge Homeowners Association. Easements shall permit utilities and drainage over the entire width of the right of way. Page 6 of 12 i c 3. 4. 5. 6. 7. The sidewalk connection to Olive Avenue as shown on the approved site plan shall be constructed and maintained permanently by applicant/property owner to provide pedestrian access through the site between Shadywood Road and Olive Avenue. Applicant shall grant a 12* wide trail easement to connect Olive Avenue and Shadywood Road as shown on the approved site plan. It is the intent of the City that although the City is being granted such easements, the walkway within applicant's property shall be maintained by the property owner, not the City. All upkeep, maintenance and snow removal activity shall be the responsibility of the property owner. The parking lot shall be paved with concrete curb and gutter, driving lanes within parking lot shall have a 9-ton pavement section for trucks. A geotechnical evaluation of the soil shall be done in conjunction with the pavement design and shall be submitted to the City Engineer for approval. Applicants' architect shall submit final development plans to the Metro Council Environmental Services to determine the exact number of SAC units to be charged at the time of the issuance of a building permit. The City will also determine if additional Sewer and Water Unit Adjustment Charges and system upgrade connection charges will be required for the new development, to be paid by applicant prior to issuance of the building permit. Appropriate traffic and parking signage shall be installed subject to the Orono staff and City Engineer's review. The landscape areas as shown on the above referenced site plan shall consist of grass wherever feasible and shall adhere to the above referenced Revised Landscape Plan dated _____________ in regards to planting species, sizes and locations. 8.Site frontage for commercial signage calculation will be limited to the frontage along Shadywood Road, being 381 feet in length. Signage for this site shall be regulated by the provisions of Zoning Code Section 10.61, Subd. 1, Subd. 3(A) and Subd. 3(D). No commercial signage will be allowed along the Page 7 of 12 9. 10. 11. 12. 13. 14. 15. 16. facade of the building facing Olive Avenue except as minimally needed to identify service entrances to buildings, and as needed for the drug store drive thru. The sign plan provided with the final plan set completed by Tom Reinen, Reinen Architects dated___________is approved. Any changes to the sign plan for the property may require additional review. Final lighting plan shall be subject to City staff approval and shall locate lighting so as to direct lights away from the adjacent residential neighborhood. No future business shall have a public entrance through the rear (Olive Avenue side) of the building. No formal approval for shared parking agreements between this property and adjacent commercial properties has been approved for this site. Erosion control shall adhere to "Best Management Practices for Protecting Water Quality in Urban Areas". All erosion controls as required by the City shall be in place prior to commencing excavation on the site. The stormwater pond construction shall be substantially completed and functional prior to construction of building footings. The City Engineer shall complete a estimate of improvement costs, including but not limited to landscaping, grading, erosion control, utilities, pavement, trails, retaining walls and pond/outlet control structure construction and the applicant shall submit to the City a financial guarantee of 150% of the improvement costs subject to a Developer’s Agreement being executed by the developer and City of Orono. Prior to issuance of a building permit, applicant shall provide suitable evidence of property ownership acceptable to the City Attorney. Drainage and Utility Easements shall be granted to the City of Orono 10 ’ along all exterior property lines and 5’ along the interior property line. Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by obtaining a building Page 8 of 12 permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (April 24, 2001). 17.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 18.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the Orono City Council on this 24th day of April, 2(XX). ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) Property Owner(s) Page 9 of 12 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ss. ) The foregoing instrument was acknowledged before me on this 24th day of April, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of within and for said , 2000 before me a Notary Public personally appearedcounty, known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) Page 10 of 12 )ss. COUNTY OF HENNEPIN ) On this day of within and for said , 2000 befoie me a Notary Public personally appearedcounty, ____________________________known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 11 of 12 milMiiitiaJli A RESOLUTION VACATING AN UNIMPROVED LANE WITHIN THE PLATS OF ••WILEY’S NAVARRE ADDITION^^, ••TOWNSITE OF LANGDON PARK •• AND '•LAFAYETTE RIDGE " IN THE CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA FILE NO. 2567 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on February 16, 2000, Walfred Properties (hereinafter the "applicant") filed a petition with the City of Orono requesting the vacation of an unimproved public right-of-way adjacent to their property and originally dedicated in the plats of "Wiley ’s Navarre Addition", "Townsite of Langdon Park" and "Lafayette Ridge" Hennepin County, Minnesota legally described as follows: Attached as “Exhibit A’ WHEREAS, after due published and posted notice, a public hearing was held by the Orono Planning Commission on March 20, 2000, regarding said vacation and all interested persons were given an opportunity to be heard; and WHEREAS, on April 17, 2000 the Planning Commission recommended unanimous approval of the vacation in conjunction with approval of a commercial site plan review proposed by the applicant; and WHEREAS, the City Council of the City of Orono finds that said vacation as proposed is in keeping with the public interest and in consideration of the following findings: 1.The lane has never been developed for any public purpose. 2.The lane does not provide access to any adjoining or nearby properties. 3.This unimproved right-of-way contains municipal sewer, water, gas and telephone utilities. That will be relocated to permit pond construction for a retail use Page 1 of 4 building on the property to the west. Utilities would remain by granting of an easement in favor of the City of Orono. 4.The City does not intend to use the lane for any public purpose other than utility and drainage. NOW, THEREFORE, BE IT RESOLVED, that the petition of Walfred Properties is hereby granted by the Council of the City of Orono and that the unimproved lane legally described above is hereby vacated subject to the following condition: A.The vacation will not be recorded without the underlying property owners gr anting above mentioned drainage and utility easements. Such easements shall be submitted in a format acceptable to the City Attorney. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on April 24, 2000. ATTEST: Linda S. Vee, CiW Clerk Gabriel Jabbour, Mayor STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ss. ) The foregoing instrument was acknowledged before mr • i this 24th day of April, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Mirmesota municipal corporation, and said instrument was executed on behalf of the City. Notary Public Page 2 of 4 k,.I ■ n Jdi'iw III Mrtili rn'iwn iri*i riimiTTi • D ORDINANCE NO., SECOND SERIES AN ORDINANCE OF THE CITY OF ORONO, MINNESOTA, AMENDING CITY CODE CHAPTER ja, SECTION 44» SUBDIVISION 4 BY ADDING ’’DRUG STORE” AS A CONDITIONAL USE IN THE ”B-5 " LIMITED NEIGHBORHOOD ZONING DISTRICT The City Council of Orono ordains as follows: Section 1. An amendment to Chapter 10, Section 44, Subdivision 4 adding the following use to the list of conditional uses in the B-5 Limited Neighborhood Zoning District. 10.Drug store, subject to the following condition: a.Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. for a drive-thru service. Section 2. This ordinance shall be published in THE LAKER/PIONEER newspaper and shall be effective immediately. Adopted by the City Council of the City of Orono, Miimesota at its regular meeting held the 24th day of April, 2000 by a vote of_____ayes and______nays. I . • • • ti � F C .l I f I I I }if f� i-L,: ' in � r- ' ! i \ ' rr. i-<,-J\f i.t i·1�t 76:.: v ·1._,x �" i ,. - � ?i • I! ''ii } fi ii •• !f D -:., � J ' �i t. -t :t • • p• C-1 , ____ ----- GRADINC:. PL AN ------------· .. CiONO PROFESSIONAL BUILDING 2.100 SHAOVWOO0 ROAD �.,...tOIA I I I I ,// .!/ �- --.._ I I WALFRED PROPERTIES • z f�ll r 0 nl � ..... - s N t I I I I uu n11;; I PARA OUNT ENCINE.ERINC A DESICN tMO MA1f n. •Ml•• sr. ,,u. lllltH501.A u• , ..... ,.,..,. lltma.t ' ' ' I I.ill 0 M I g 6 � .. 7• II CEJiiTFICAJIGIN ' I lt>'\ll ,. ,, -, -----�JJ I I .... -.... I i - -·--�-·---· --·------ ' -· ·-�·-_L -----------.it __ ·-I I!__ NV. m.a!�====t:===:t::==:=;·•1t'U4.I NV. m• ..-fl"t1 142 ---..---... -.,,,_ -···- _ .. ·---- ' • • ��.idt .. MM.� --. -··---tlltl1,..... ' 0Wt«M1Ml 11,:� Hf]: ._ ___ UTILI TY_�AN __ _ ORONO PROFESSIONAL BUILDING C -2 2300 SHADYWOOD ROAD WALFRED PROPERTIES ........... MNll#OIJ\••IIUOtA ... PARA OUNT ENCINEERINC A DESICN .... -..-n.•MR•• ST.MIJI. -AllarAiXldf"""" Mf71Ml!M4 0 � It : '"""!fl!!,111----'Gs>lr v-,..___ g Uft CERfFIGATION ... ,... --- ---t ClllflD It C- ERO&ION CONTROL PLAN , .. -. --··--- ·--ORONO PROFESSIONAL BUILOINC 2300 SHAOYWOOD ROAD OIOM\ *IIIWlfA � WALFRED PROPERTIES ................ � .. NIC)IAIMJI C: I! 11 Q) . 1 I I l .. s I --- \ ' . -·----... - \ -... .; ... --' ----·-, ' �-.• __.. .-... ,............... ,,....---, .. -,,,,. . r • � . • : e � • . . . ....: . •I • I . I . • I . . • f 1 161 I I I I§ h I I ' PARA ••OUNT Tl NGIN£ RINC & DESIGN ,..-- St,. un -· ff. ,.u. AIN450JA DD ..... ,,.. ... .,,..... ..... , , . ----., I 0 ,.,.... lff I .. 4 &.a.-.l:!Jtl�-• ----... ---- I I i -I -� � --- --... -. -.... _ .. -· -K - 1 • l' ,. ............. : --... -----.... • I !I • .,, I t , f' : --- ... is i -� I' I j I I i !W I I .,. " ..0 I I I I I • 'it � .... ' I I ' 1-.a I I ' ; JI, � ' I I I � I • a .J ti\_,. .. - I I ; I I It • I I I I ,I ':" I ' .. � I I I I I I •J 'II � � I I I s I ! .. .. Ii . . I I l • 11 ,� •• -..... -� ' ' . -·... . ·-.\ ' ', .. ' ..... ' ' I ' .... ... 0 I -Ir � g ; "t • •II . ; J � I ii I t ';: 1! I 11 I 11 l·,1 II• ' •••I' t •i • :i I' 11 fl � r1 I G:>1\, ¥>- ,.u,·=·--· ___ LANp_SCA� PLAN __ WALFRED PROPERTIES L-1 ORONO PROFESSIONAL BUILDING 2lOO SHAOVWOOO ROAD RINC A DESI N lNO MC.ADI n. am -• ST. IM.I. ... IUOlA ma fAl ... J'Jl,llt -IIJMWt --· •• :. H or 1.1 •/20/00 REQUEST FOR COUNCIL ACTION COUNCIL MEETING APR 2 4 2000 CITY OF Oao/VQ DATE: 4/19/00 ITEM NO ■1 Department Approval: Name Paul Weinberger Title Zoning Administrator/Pianner Administrator Reviewed:Agenda Section: Zoning Item Description:#2568 The Bancor Group Inc. (Willow View Developers, LLC) Southwest comer of County Road 6 and Willow Drive North (Willow View) Zoning District: RR-IB, Single Family Rural Residential, 2 Acre minimum lot size Site Area: Exhibits: 58 Acres (51.81 Acres dry buildable) A B C D E F Draft Resolution approving Plat of Willow View Resolution No. 4408 approving Preliminary Plat City Engineer Comments City of Orono Private Roadway Request City Council Minutes (12/13/99) Staff Report (12/9/99) Final Plat Application: The City Council adopted Resolution No. 4408 approving the Preliminary Plat for Willow View on January 10,2000. The Bancor Group has completed nearly all requirements of Preliminary approval. The plat document has been approved by Hennepin County and two original mylars will be available for the Council meeting. The only outstanding issues that remain are as follows: ■Letter of Credit in the amount of $910.245 will be submitted to the City of Orono on April 24,2000. The figure includes 150% of the total costs of improvements as specified in the Developer’s Agreement minus the City of Orono ’s contribution of 50% of the costs for the water main extension from the school property and the full cost of extending the water service to the north and south property lines along Willow Drive. ■The MCWD will review the permit request at their April 25, 2000 meeting. The MCWD Staff has indicated they did not anticipate any issues that would change lots lines or the storm water management plan. The applicant has agreed the City of Orono will not record the plat until such time the MCWD permit is approved and a copy is on file with the City. ■Payment to the City of Orono sewer and water connection fees: Based on the year 2000 Fee Schedule sewer and water connections fees are. Sewer Water $ 3,685 per unit $ 6.050 per unit $ 9,735 per unit X 25 units = $ 243.375 I'I • V •• Payment of Park Dedication fees in the amount of; $ 2,900 per unit X 25 units = $ 72.500 Credit will be granted for the improvement costs for the public trails. Final Plat Layout: The developer requested the City agree to permit minor revisions to the lot lines in the final plat provided the final plat layout meets the intent of Preliminary approval. The only change to the site plan is the shape and layout of what was a cul-de-sac. The final plat layout is for a turn around and access to Lots 4,5,6 and 7, Block 1 rather the traditional cul-de-sac. The lots in Willow View are legally described as Lots 1-15, Block 1, Lots 1 - 4, Block 2, Lots 1 - 6, Block 3, Outlots A (Private Road), B (open space/ponding/trail) and C (open space/ponding/trail). Sewer/Water Layout: The sewer and water lines are located within Outlot A and will be installed along the road. Staff has assessed the needs for the development and has determined an 8" line shall be installed by the developer for water service. The water will connect from the Middle School property to Outlot A and extend into Outlot C for service along Willow Drive to the north and south property lines. The sewer will be brought up from Highway 12 and be located in Outlot A. The sewer system will be a gravity system. The City Engineer has approved the sewer alignment, however the alignment south of the development, along Willow Drive near Highway 12, may change due to easement acquisition problems. The City shall approve any changes to sewer plans. Private Road Name: The developer has requested the private road be named Willow View Drive . Prior to final approval of the road name it shall be approved by the Orono Police Department and Long Lake Fire Department. Staff Recommendation: To adopt the attached resolution approving the final plat of Willow View subject to the conditions as listed in the resolution. A RESOLUTION APPROVING THE PLAT OF WILLOW VIEW FILE NO. 2568 WHEREAS, the Cit>' of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the Cit>' Council has considered the application for a subdivision of a 25 lot Planned Residential Development by the Bancor Group, Inc. (hereinafter "the subdivider"); and WHEREAS, the subdivision has been found to meet the density requirements of the RR-IB zoning district and will develop as a Planned Residential Development; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1.Completion of requirements of Resolution No. 4408, the resolution granting preliminary approval of the Planned Residential Development. 2.Dedication on the plat of standard perimeter drainage and utility easements. 3. 4. 5. Dedication to the Cit>’ of a Flowage and Conservation Easement over those portions of wetlands and conservation outlots as depicted on the plat.. Establishment of a private road outlot shown on the plat as Outlot A, and design of stormwater and drainage improvements and facilities. Concurrent with the creation of this private road in Outlot A, dedication to the City of road, drainage and utility easements granting to the City permanent access, improvement and utility easements over said Outlet: and the creation of non exclusive ingress, egress, drainage and utility easements over said Outlot in favor of all abutting lots within the plat including a declaration of covenants, conditions, Page 1 of 6 6. 7. 8. 9. restrictions and private roadway easement wherein any lot shall be sold, transferred and conveyed together with an undivided one-twenty-fifth interest in Outlot A whereby benefitting lot owners covenant and agree to permanently maintain and pay cost of maintenance for said private road. Dedication to the City and to the owners of lots in Willow View drainage and utility easements over all detention areas and drainageways within the plat providing for limitations on the use of these areas and shown on the plat as drainage and utility easements. Preliminary approval of a storm water management plan, and grading and erosion control plan by the Miimehaha Creek Watershed District. Execution of a Subdivider's Agreement providing for the installation of improvements required as a condition of subdivision approval, including roads, drainage and stormwater facilities, water mains, sanitary sewer, landscaping and posting of security to ensure that these required improvements are completed to the City's satisfaction, the design of said improvements subject to approval of the City Engineer and letter of credit subject to approval of the City Attorney. Trail easements granted over the conservation outlots, and between lots 7 and 8, Block 1 to allow public non-motorized access through Willow View. 10.Final landscaping plan has been approved by Staff and plantings shall be provided as per City Ordinance. 11 .Payment to the City for the final plat review fee and fee for legal review and filing of the plat, easements and covenants in the amount of $400.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Willow View, Hennepin County, Minnesota (Copy of Plat is attached to this resolution as Exhibit A), subject to the following conditions: 1.Letter of Credit in the amount of $910.245 will be submitted to the City of Orono on April 24, 2000. The figure includes 150% of the total costs of improvements as specified in the Developer ’s Agreement minus the City of Orono’s contribution of Page 2 of 6 2. 3. 50% of the costs for the water main extension from the school property and the frill cost of extending the water service to the north and south property lines along Willow Drive. The MCWD will review the permit request at their April 25, 2000 meeting. The MCWD Staffhas indicated they did not anticipate any issues that would change lots lines or the storm water management plan. The applicant has agreed the City of Orono will not release the plat for filing until such time the MCWD permit is issued and a copy is on file with the City. Payment to the City of Orono sewer and water connection fees: Based on the year 2000 Fee Schedule sewer and water connections fees are. Sewer $ 3,685 per unit Water $ 6.050 per unit $ 9,735 per unit X 25 units = $ 243.375 4.Payment of Park Dedication fees in the amount of: $ 2,900 per unit X 25 units - $ 72.500 Credit will be granted for the improvement costs for the public trails. 5.Minimum standard setbacks and yard designations for all principal residence construction shall be as depicted on the final drawings as referenced in Resolution No. 4408. 6.All Lots shall access to the private road to be constructed by the developer in Outlot A.No direct access to Willow Drive North or County Road 6 shall be allowed for any Lot. 7.The private road in Outlot A shall henceforth be known as “Willow View Drive”. Page 3 of 6 r 8.The private road shall be privately owned and maintained per the appropriate access easement/maintenance documents to be executed by the developer. Ownership and maintenance of the private road has been established by execution of a Homeowner’s Association consisting of the owners of lots within Willow View. 9.Subdivider shall concurrent with road construction, construct stormwater management improvements generally as shown on the Preliminary Grading, Drainage and Erosion Control Plan reviewed and approved by the City Engineer subject to any revisions of said plan as may be required by the City Engineer. A final Grading. Hrainape A Frosion Control Plan must be approved bv the City Engineer prior to release of final plat for filing. Erosion control shall be maintained over all disturbed areas until natural groundcover is restored, adhering to guidelines found in 'Best Management Practices for Protecting V/ater Quality in Urban Areas’. 10.All final sewer, water and storm water management plans shall be reviewed and approved by the City Engineer prior to release of the plat for recording. 11.The private road in Outlet A and required drainage and stormwater improvements shall be constructed to City requirements, subject to a Developers Agreement executed between the City and the developer. Road, trail, landscaping, drainage and stormwater improvement construction can begin as soon as the final plans have been formally approved by the City Engineer, the Developers Agreement has been executed and the plat has been recorded. 12.No building permits will be issued until the private road base work and all improvements as referenced in the Developer's Agreement and Resolution No. 4408 have been completed by the developer and approved by the City. 13.Subdivider shall plant boulevard trees along the private road per the requirements of Section 11 .60, Subd. 2. 14.Prior to City release of the plat for filing, applicant shall provide evidence of fee ownership of the property in a form acceptable to the City Attorney, and applicant shall meet any other title requirements as may be required by the City Attorney. 15.Applicant shall provide all documents noted in this resolution and the resolution approving the final plat in a format acceptable to the City Attorney prior to release of the plat for filing. Page 4 of 6 16.The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder ’s Office or Registrar of Titles Office on or before October 24,2000 together with a certified original copy of this resolution and executed copies of the easements, deeds and final copy of the plat noted above. The approval granted by this resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new applicatioii with the City of Orono for subdivision review. Dated this 24th day of April, 2000. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of April, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 4 :••• A RESOLUTION APPROVING PRELIMINARY PLAT AND A CONDITIONAL USE PERMIT FOR A PLANNED RESIDENTIAL DEVELOPMENT FOR WILLOW VIEW LOCATED AT THE SOUTHWEST CORNER OF COUNTY ROAD 6 AND WILLOW DRIVE NORTH PID 28-118-23 44 0001 FILE NO. 2522 B WHEREAS, Bancor Group, Inc. (hereinafter the "subdivider") on August 18,1999, filed an application with the City of Orono (hereinafter "the City") requesting rezoning, a comprehensive plan amendment, conditional use permit and subdivision for a property located at the southwest comer of County Road 6 and Willow Drive North with the City for property legally described as: That part of the East 'A of the Southeast 1/4 of Section 28, Township 118. North Range 23 West of the 5th Principal Meridian lying Southerly of the centerline of County Road No. 6 as recorded in Book 70, page 3844152 in the office of the Register of Deeds, Real Estate Division, Hennepin County, Minnesota. (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on September 20, 1999, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, The Orono City' Council on November 8, 1999 (Resolution No. 4372) denied rezoning the property from RR-IB to R-IA and a Comprehensive Plan Amendment to change the land use designation to permit one dwelling unit per acre density; and Page 1 of 1 1 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. WHEREAS, at their regular meeting held on December 13, 1999 the Orono City Council considered the subdivision application of the subdivider noting the following findings of fact: 1. 3. 4. 5. FINDINGS The property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of two acres of contiguous dry buildable land within each newly created lot. The property contains a total of 58.43 acres of land, with 51.89 acres being dry buildable. The Municipal Code permits, by conditional use permit, subdivisions to develop as a Planned Residential Development (PRD). PRDs are available to land subdividers aubject to Council approval, as an alternative to standard minimum lot size subdivision of land. The purpose of this plan is to enhance the appearance of neighborhoods through preservation of natural open spaces, to counteract the effects of urban congestion and monotony, to provide cohesive structure to neighborhood design, to offer recreation opportunities close to home, and to aid in improving the welfare in general of City residents. On May 23, 1988 the City Council adopted Comprehensive Plan Amendment U2. Amendment 2 was a result of a land use study along the Highway 12 corridor. The area east of Old Ciystal Bay Road, north of Highway 12, south of County Road 6 and west of Willow Drive was guided for two S'^re density single family homes. The Comprehensive Plan states the wetlands and natural vegetation in the area provide an excellent transition between the more intense use planned for the south and single family 2-acre to the north. Utilizing this as a break, the area to the north shall develop with one dwelling unit per two acre density'. The property is 51.89 acres dry buildable allowing 25 dwelling units to maintain the guided density for the rural residential district. Page 2 of 11 %M CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO.4 d ??t.) 8. 9. 10. 11. The property is within the Metropolitan Urban Services Area (MUSA) allowing for the provision of sanitary sewer service. Sanitary sewer service provides the subdivider to develop the lots without identifying septic sites on each new lot, one the factors in requiring the two acre minimum lot size in the rural residential districts. Developing as a PRD allows the property to develop a: the required two acre density, one dwelling unit per two acres. The conservation outlot is established for the preservation of the natural open space along County Road 6 and North Willow Drive. The conservation area will accommodate four storm water ponds for rate control for the purposes of removing pollutants and other nutrients from the water before leaving the site. A trail easement will be granted to the Cit>- over the conservation outlet and developed as shown on the site plan. A trail connection through the propertv ’ shall be developed to connect the neighborhood to the Orono School p:open>' to the west. The private road, platted as Outlot A, will serve all 25 lots within the development. No individual lot shall have access to Willow Drive Nonh or Co*:ntv Road 6. The proposed storm w’ater management plan will include construction of ponds on the site. A MCWD permit is required for the grading, storm water management and erosion control on the site. 12.The lots shall be subject to the following setback requirements: 35 foot Front Yard 35 foot Rear Yard 25 foot Side Yard Except Lots 1 and 15, Block T, Lot 1, Block 2; and Lot 1, Block 3 shall have a 50 ’ side yard adjacent to street setback or a minimum 25’ setback to the outlot whichever is greater (Willow Drive North) to preserve the standard side yard adjacent to street setback for the RR-IB zoning district: Page 3 of 1 1 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO.4 4 and Lots 13, 14 and 15, Block 1 shall have a minimum 50' rear yard setback to maintain the standard setback uithin the RR-IB zoning district. 13.It may become necessary to place a light at the intersection of the private road and Willow Drive North. The City reserves the right to install a light within the Willow Drive right-of-way if the Council determines it is necessary. 14.Subdivider shall be granted credit for park dedication fee for cost of trail improvements within the development as the trails are a public amenity and provide for connections to greater trail networks. 15.The subdivider has proposed a/an entrance monument(s) within for the private road. Subdivider shall be advised an entrance monument plan requires review and approval by the City Council. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application and conditional use permit for Bancor Group, Inc. be approved per preliminary plat drawings by Martin P. Campion, a registered engineer of Otto Associates Engineers and Land Surveyors, Inc., dated 12/3/99 subject to the following conditions: 1.The final plat shall indicate the area shown on the preliminary plat drawings as a conservation easement as an outlot. The final plat layout shall be in substantial conformance with the Preliminary Plat, to be approved by Staff. 2.The conservation outlot(s) shall be protected by granting of a conservation and flowage easement to ensure the outlot(s) will not be developed, and drainageways and stormwater retention ponds are protected. 3.Setbacks shall be shown on a revised site plan to be submitted with the final plat. 4.Subdivider shall install a gravity sanitary sewer system to serve each of the lots. The sewer service shall be from the south and installed along Willow Drive North. Detailed sewer plans shall be submitted to the City Engineer for approval prior to final plat approval. Page 4 of 11 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO.4 5,Subdivider shall install municipal water service. The developer shall work with the City to determine the most appropriate service to the site. Water shall be extended to the north property line, at County Road 6 to allow future connection when water service is required to the north and to the east. Detailed plans shall be submitted to the City Engineer for approval prior to final plat approval. 5.The private road, to be constructed within Outlot A, shall be developed to City requirements (Section 11.33, Subd. 4) for private roads serving 25 units. Code requires a 50' platted right-of-way, and the minimum paved width of the street to be 28'. The cul-de-sac shall be platted 50' in radius with a minimum paved radius of 40' 7.■ The private road will be constructed with rural sections, except curb and gutter will be used in the entrance median at the intersection of the private road and Willow Drive North. 8.The private road in Outlot A shall be constructed to City private road requirements, subject to a Developers Agreement to be executed between the City and the developer. Private road construction can begin as soon as the engineering plans for the road as well as stormwater management plans have been approved by the City, the Developers Agreement has been e.xecuted, and the final plat has been recorded with Hennepin County. 9.The private road shall be privately owned and maintained per the appropriate access easement/maintenance documents to be executed by the developer. The developer shall create a homeowners association for such ownership and maintenance. 10.No building permits will be issued until the private road base work and all stormwater management improvements have been completed by the developer and approved by the City. 11.The developer shall grant to the City an underlying Road and Utilities Easement for Outlot A. 12.The PRD approval requires Staff approve the restrictive covenants that will apply to the development. Page 5 of 11 m CITY of ORONO \i\M SttO RESOLUTION OF THE CITY COUNCIL NO. 4 4 V 4 > 14. 15. 16. 19. Restrictive covenants shall include a provision to prohibit above grade accessory structures over 6 ’ in height. No such accessory structure shall be roofed or be located within ary street yard or closer to the front lot line than the principal residence. Final plans shall indicate locations of all sewer and water easements. Trail easements shall be granted over the conservation outlot(s), the private road and between lots 7 and 8, Block 1. Final trail plans shall be submitted for approval by Staff prior to final plat approval. Internal trails shall be constructed prior to building permits being issued for homes within the subdivision. 17.A 12' trail easement shall be granted in favor of the City of Orono between Lots 7 and 8, Block 1. 18.The lots shall be subject to the following setback requirements: 35 foot Front Yard 35 foot Rear Yard 25 foot Side Yard Except Lots 1 and 15, Block 1; Lot 1, Block 2; and Lot 1, Block 3 shall have a 50 ’ side yard adjacent to street setback or a minimum 25' setback to the outlot whichever is greater (Willow Drive North) to preserve the standard side yard adjacent to street setback for the RR-IB zoning district: and Lots 13, 14 and 15, Block I shall have a minimum 50 ’ rear yard setback to maintain the standard setback within the RR-IB zoning district. A final landscaping plan shall be submitted and approved by Staff prior to final plat approval. The plan shall be substantially in conformance with the site plan dated 11/23/99 by Martin P. Campion, a registered engineer of Otto Associates Engineers and Land Surveyors, Inc. with additional planting on Lots 12 and Ij, Block 1 to screen the future residential lots from County Road 6. Page 6 of 11 ■I ntr r~r I CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 •• 20. 21. 22. 23. 24. 25. 26. Subdivider shall plant boulevard trees along the private road per the requirements of Section 11.60, Subd. 2. Subdivider shall construct stormwater management improvements generally as shown on the Preliminary Grading, Drainage and Erosion Control Plan dated December 3, 1999 subject to any revisions of said plan as may be required by the City Engineer. A final Grading, Drainage Sc Erosion Control Plan must be approved by the City Engineer prior to final plat approval. Subdivider shall grant drainage easements over all drainageways and stormwater ponds within the plat. Subdivider is hereby advised that the City will not grant final plat approval until the MCWD has approved all grading and drainage improvements on the property. Subdivider shall grant Flowage and Conservation Easements over City protected wetlands and show the wetlands as a ‘drainage easement’ on the plat. Payment of standard Park Dedication Fee per City ordinance, Subdivider is hereby advised that preliminar>' subdivision approval will expire one year from the date of Council preliminary plat approval. Should the subdivider fail to complete the filing of the final plat application within the year deadline, it shall be necessary for the subdivider to file a new preliminary subdivision application with the City. The subdivider shall be responsible for the construction of the water and sewer system to be shown on the final plans and be submitted with the final plat application. The developer shall be responsible for installing an 8" water system and required hydrants to serve the development. The City of Orono reserves the right to require installation of a 12" system and the City shall be responsible for the upgrade from 8" to 12" service and the extension of service from the development to the north and south property' lines along W illow Drive North. The «;ubdivider and City will each be responsible for 50% of the costs to extend the water service from the Orono Schools property to the west property line of the proposed development. All improvements shall be complete prior to the r -e 7 of 11 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 1? .• issuance of building pennits for home construction. Final Plat Submittals: The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1.Record plat drawings in the form of two (2) mylar copies (one copy for the City’s records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include: a.Lot lines platted per preliminary survey by Martin P. Campion of Otto Associates Engineers and Land Surveyors, Inc. dated December 3, 1999. b.Dedication of drainage and utility easements 10' wide along the exterior boundaries of propertj* and 5' along the internal lot lines. c.Designation and dedication of drainage easements over detention ponds and drainageways as shown on preliminary grading, drainage and erosion control plan. d.Designation of Outlot A to serve as a private roadway. e.The naming of plat as Willow View. 6.Designation and dedication of trail easements over the conservation outlot, Outlot A and betw'een lots 7 and 8, Block 1. 7.Copy of protective covenants. 2.Legal documents required: a.Title opinion addressed to t!«: City. All owners, mortgage holders or others with propert>- interest indicated therein shall sign the plat and all other documents affected by such interest. b.The applicant must provide certified copies of all recorded easements Pace 8 of 11 J CITYofORONO RESOLUTION OF THE CITY COUNCIL NO.^ V 8 currently affecting the propert>*. c.Signed and executed Developer’s Agreement and letter of credit for approved site improvements, landscaping and construction of private road (Outlet A), stormwater and drainage facilities, etc. d.Signed and executed easement for the outlet to protect the land from future development. e.Signed and executed Drainage Easements to be taken over drinageway and detention areas within plat. f.Signed and executed Flowage and Conservation Easement over the conservation areas and wetlands within the development. g- h. Signed and executed Road and Utilities Easement over Outlot A. Signed and executed "Declaration of Private Road Easement and Declaration of Maintenance for Same". i.Completed "Application for Private Road Name". 3.Fees to be paid: Total due: $400.00* a.Final plat fee = $200.00 b.Legal review and filing fees for subdivision and associated documents $200.00 c.Park Dedication Fee shall be determined by the City Assessor based on the fair market value of the undeveloped land at the time of preliminary plat approval. The subdivider shall be advised as soon as Assessor's report has been filed with City. Park dedication fee shall be based on 8% of the fair market value of land within the plat. Page 9 of 1 1 >1-r V f It ■•!II*/V'iiiI CITY of ORONO RESOLUTION OF TH.E CITY COUNCIL NO. --..-lllliiiiiai------ Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 10th day of January, 2000. AT I EST: L·nda S. Vee, City Clerk ST A TE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Jabbour, Mayor The foregoing instrument was acknowledged before me on this I 0th day of January, 2000, by Gabriel Jabbour & Linda S. Vee, Ma or & City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. � 8 CAROLE A. HASEMAN I . tf(Sf#W ,uauc. llNNIIOTA u,caa2•1t�E•f•J1n.S1 � Notary Public Pa el0ofl 0 .... ..... , - ---------------. _, .. -- ------.-...... I I I I ... .. ) I ,.._ ____ ... __ ,,_ -------------• I ......... ___ J__ t L __ l __ _ ... --_ ...., -------- - lhe lal\cor Gra,p --..... - '. I.-. w 04/20/00 11:22 0 :01/02 NO:579 ^ IBonestroo Rosene vn B Anderlik & \ Associates Engineers & Architects Bonetirpo. Boicnt. Ancf^rilk and Aisocl«t«f. Me. It «fi AfflrmntJv# Acflon/fQujif Opportunity Cmpfoyor und Employee Own«rf PrinciPAlf.’ Otto C: Boncsi'’00 fE • Marvin L Surv.iM Pf • Qcf'i 2 Cook Kt c MoD<!'C Ci. Scnur'itm. PC. • Jttf^ A. Bourdon. P.E. Sonior Contult^nts W 9n%^nc t*k • Joseph C Anocriie nt • n«ch^r j C Tu^nt*r or • Sutan M Ebvrl.rt. C PA Atiocloio #*ln(fpAlt.‘ Mow<»icJ A SenfurO fC • Keicr> A Ou*do«^. ."C • eobr»r P >ri*rrnr^. • Richiifd W. Foster Pf • U^via O Loskota. PE • Booert C f?us:ek. A l A • M.irH A M «n;.*^n. • Mirh.iel 7 llautm.nnn Kh • TcO K PiolJ. PC • Ke»vi«in P AiSOvilun. PC. • M.«rk .V Po2t« Kh • DjviJ a. Banoitrnn f.*,H A • Sidnoy P. Winumion. PC, LS • Agnti V.. Rlr«g, Mfl A • AiMn ftirk vnnii.if pg April 20. 2000 Offices: S* PiMil St Pccheittr ono Wiflmer. MM* MHweukt*. Wf %vwwf)r»nciCfCO C0iT> Mr. Paul Weinberger Zoning Adminisirator/PInnner Cily of Orono Post Office Box 66 Cry.sial Bay. MN 55323 Willow View Subdivision File No. I39GEN-2522 Dear Paul: We have reviewed the grading and uiility plans (dated 4/13/2000) for Ihe proposed 25 lot Willow View subdivisiui). The site is located west of Willow Drive and south of County R<^ 6 in the .souihuust quarter of Section 28. We have the following comment.s in regards to engineering matters 1.Sanitary Sewer: The revised sanitiuy .sewer design appears acceptable. At the time of this writing we understand that the sanitary sewer alignment south of the site is subject to change due to easement acquisition problems. The City should review and approve any sewer plan revisions. The sewer service detail should .show the stub at the property line 5-fcet below the existing grade as shown on City Dettil Plato SER-l. 2.Water Main: The revised water main design appears acceptable. As stated In our 3/20/2(X)0 comments, wc recommend that prior to constniction the Cities of Orono and Medina complete a study to determine water main si?e requirements through the subdivision. 3.Gruding/Stoi-m Sew er: The outlet structure details shown provide 0.5 to 0.7 feet of skimming. Tlie details should be revised to provide a minimum of 1-foot of skimming as shown on City Detail Plate STO-R or STO-8A. Final plans should be submitted to the Minnehaha Creek Watershed District (MCWD) for their review. W'e have attached additional drainage comments from TsmacI Marlines in our water rc.sourcas group. 4.Slreets/Tralls/Pli.*. It is still unclear how a driveway to serve Lot 7, Block 1 will impact the wetland on this site. Plans .should identify the proposed dnveway alignment and wetland impacts. The final plat submitted appears to he acceptable. Please contact me at (651) 6fM-4863 if you have any que.stjons regarding this matter. Yours verv truly, BONESTROO, ROSENT.. A>fDF.RLIK & ASSOCIATES. INC Tom Kellogg Cc: Greg Gappa, City of Orono 2135 West Highway 36 • St. Paul. MN 55113 • 651*636*4600 • Fax: 651*636*1311 .1* . * M I * • • I I* ‘•* 4. -•I •I .1 *• i»* i Control No. CITY OF ORONO PRIVATE ROADWAY REQUEST A. B. C. D. The subject of this request is; _ _ _ _ an existing private roadway. 'i a proposed private roadway which is to be created as a condition of pending subdivision approval. The owner(s) of this Private Roadway and/or all abutting property will be (are) the owner(s) of the following described property: The above owner(s) hereby request that this Private Roadway be known by the following name: Vitdoii) V*fa* _Choice No. 1 Choice No. 2 ‘ Choice No. 3 (List three choices in order of preference. The City Council will approve a name provided no conflict exists with existing names or naming policy. If all names have a conflict, you will be asked to make new choices. The approved name will be used for all mailing address and official identification purposes.) The above owner(s) hereby request the City of Orono to Install the following standard street and traffic signs and said owner(s) hereby agree to reimburse the City for all costs of said installatloia. (Such signing may be required as part of a separate Developer s Agreement and/or subdivision request.) standard city street name sign(s) - number required standard "STOP" slgn(s) - number required - - - standard traffic sign(s) described below. -number required The above owner(s) do hereby acknowledge the (future) existence of said private road, and that the City of Orono has no obligation to maintain or service said private road, and that the City of Orono does not Intend to acquire or open said private road as a public roadway. Signature(s) of owner(s): Lu»U*u>L.LC. \Date Date Date Date .r D ORONO CITY COUNCIL l\'IEETINGMINUTES FOR DECEMBER 13, 1999 #1540 BRADLEY HOYT, 2523 KELLY A VENUE -Continued · d in fact that retaining \Valls of this nature are referenced in the comprehensiveplan as not bein desired alternative. \Vithout compelling information presented to the Planning Comniissio ugg.esting that the conditional use permit should, in fact, be granted because of a severe circ stance of erosion that came as an act of God from this sto� they were not in a position to gr the conditional use permit or to grant variances when and if they should be proposed to the . his is why they would like information suggesting what the property was like before hand and w tit was like after the storm. Unfortunately, if people choose to proceed in building in these ar without coming to t�1e City, they destroy the very evidence that would compel the Planning Co · ssion to believe that this was an appropriate action to take. It would be her hope that evidenc uggesting that the shoreline was sufficiently degr aded and that it needed help could b rovided by historical surveys. Without such information, the Planning Commission is not going be in a position to take a different position than the one which they have already taken. She sa1 ey need information simply to decide whether or not what they consider to be hardcover and ha: always considered to be hardcover in the 0-75' setback should have be en permitted. �layer Jabbour said there is a motion to table seconded by Flint which super motion to deny. VOTE: Ayes 5, Nays 0. *(#6) #2522 BANCOR GROUP, INC., SOUTHWEST CORNER OF COUNTY ROAD 6 AND WILLOW DRIVE, CLASS m SUBDMSIO -, PRELDIINARY PLAT OF WILLOW VIEW Dave Newman of The Bancor Group and Marty Campion, Project Engineer, ·:ere present. Weinberger present ·ed the staff report. He said this application is for a subdivision of property with a conditional use pennit for a Planned Residential Development for a 58-acre parcel which is located at the south and west corner of County Road 6 and onh Willow Drive. The property is located just east of the ne\\. middle school property, to the west of the Shadowood neighborhood and to the northeast of the City Offices. It is located in the two-acre res·dential district within the MUSA where sewer service is available. The proposal is for 25 lots on S· l acres of dry buildable land which would maintain a one dwel ing per two�acre density. The proposal was reviewed by the Planning Commission on ovember 15th and recommci.nded for approva . A conservation easement vl ould serve as a buffer zone around the proposed development. The Planning Commission recommended the developer amend the site plans to include a vegetation plan and benni plan tha ould help to buffer the development from the surroun ding properties and provide for areas hat would be more aesthe ically pleasing and protect vegetation on the property. The trail plan wou d include a trail along Willow and along County Road 6 The only concern staff has ,vith the location of the trails is it appears there may be some areas where the trail would be in the low·est portion of the ditch. Staff would Pae 13 I ORONO CITY COUNCIL MEETING MINUTES FOR DECEl\'lBER 13, 1999 (#6) #2522 BANCOR GROUP, INC -Continued recommend that the trail be moved to take advantage of the natural topography of the site to insure it is above where drainage areas and water would naturally stand. The trail does create a vital link along Willow and along County Road 6, especially to the school properties and to connect into the more regional system toward the Baker ·· ark. Weinberger said the plan proposes a pressure sewer system. Pressure systems are usually only used when a gravity system will not work. Staff recommends that a gra\ity system be used because there is less concern for long-term maintenance. Weinberger said the City of Orono is requesting as part of this PRO that municipal water connection be made to the property. He said there are concerns due to public health and safety issues because many of the lots within the development are smaller than the standard two-acre lot. Weinberger said the City Engineer has reviewed the grading plan and it is, for the most part, acceptable. The City Engineer has recommended the lowest basement elevations be above the Normal High Level of the ponds and the exposed opening 2' higher than the High Water Level of the ponds. The applicant has indicated that this can be accomplished. Another issue to be discussed is the concept of the road. The Comprehensive Plan states Private Roads shall have a maximum service of approximately ten residential properties and that they be maintained and owned by a homeowners association. The other alternative is a public road. The Comprehensive Plan would suggest a public road for this development� however, the City has not required private roads in other developments become a public road, such as Sugarwoods. The road will serve this development only. Weinberger said the proposed lot layout indicates the lots to the northern port ion of the development are on average smaller than those within the southwest portion of the property. Many smaller lots are located along County Road 6 and Willow Drive Korth. The lot layout would indicate that there· would be a higher density of homes along County Road 6. Prior to recommendin approval for the plat, staff would request tha the City Council and the developers discuss the following issues: I.The conservation easement be platted as a conservation outlot to be held in the ownership of th� Homeowner .,s Association. A conservation easement \\·ould allow a house to be uilt to the easemeni. b'lundary, bl t the property O\\n.er wou d not be allowed to ren -ave or alter ar,y vegetation to the rear of the house. Platting the outlot would ensure hvuses wcu!d be built allowin a minimum setback to the conservation areas. 2.. The ots are de eloped that would concentrate the least amount of higher dens·ty to · mpact the properties near the intersection of County Roa 6 and Willo Dri e orth. ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13,1999 (»6) #2522 BANCOR GROUP, INC - Continued 3.Municipal water service be installed on the site to eliminate the need for private wells and provide better fire protection to the site. The utility plans and easements for the Middle School property were adjusted with the expectation the Bancor site would develop with municipal water service. There are easements in place that would allow the two properties to connect. The City Engineer recommends extending the 8-inch water main north to the intersection of Willow Drive and County Road 6 for connection to the City of Medina’s water system. 4.Sewer service shall be a gravity system rather than the proposed pressure system. 5.A detailed drainage, ponding and grading plan, with drainage calculations be approved by the City Engineer. Weinberger said that Mr. Campion has provided these plans. 6.Trail easements shall be shown and dedicated along Willow Drive and County Road 6 and a future connection to the Middle School property. 7.The subdivider shall dedicate an additional 10 feet of right-of-way along County Road 6 per recommendations of Hennepin County. 8.Setbacks for lots less than two acres in size shall be: Front Yard Setback 35 feet Sideyard Setback 10 feet Rear yard Setback 30 feet Side Adjacent to Street 35 feet Newman said the current plan came out of the September Planning Commission meeting and suggestions made by the neighborhood representative. He said there are significant site constraints which make a PRD appropriate. One of the problems with the road is trying to design it around the wetlands. He displayed a drawing showing where the road might be positioned without the wetlands. The wetlands are the reason the road is located so far east and the lots in the west are as big as they are. If they try to get all the lots the same size, they would have to fill in a lot of the wetlands. Another constraint is the guidance fi-om the City Council to hook up the road with Shadowood. Because this site is adjacent to property that is zoned medium density to the south, public property to the west and larger acre lots to the north, this is a transitional setting appropriate for a PRD. Newman said another issue to be addressed involves the benefit to the City. He believes the biggest benefit is the significant amount of open space. They are also proposing berming, easements for trails and planting of approximately 80 trees which are six to eight feet in height. He said Bancor does not object to using an outlot versus a conservation easement. There are a couple of lots where the lot lines would have to be adjusted if an outlot is used. Newman said he is concerned about using gravity sewer instead of a pressure system because a pressure system is less expensive. He said this is the end of the sewer line, so a pressure system should work. He said a more important issue is the public water versus private wells. He said they have made sure the homes will not be right up against each other. He said that their plans indicate a minimum of a 2 5 -foot sideyard setback and they propose to make that setback part of the PRD resolution This w ould ensure that the houses are at least 50 feet Page 15 ORONO CITY COUNCil, �IEETING MINUTES FOR DECEMBER 13, 1999 (#6) #2522 BANCOR GROUP, INC. -Continued apart. He does not feel there is a public safety issue that would require public water He said there is no public health issue because there will not be.any private septic systems that can fail. 1�e said they do not think public water is appropriate and private wells should be allowed. If the City does require public water, he asked that the City not require them to extend the line further up to County Road 6. Steve Johnston, resident of Shadowood, said the neighbors have not had a chance to get together and :review the revised plan so his comments are his ovm. He said he is not opposed to this plan. He is concerned about the road connection to Shadowood Drive. He said that Shadowood Drive is too close to County Road 6 and as southbound traffic tries to tum left into Shadowood, they have to wait for northbound traffic which stacks up in rush hour periods and blocks the interse,ction. As people wait to make the left tum, other vehicles come shooting across County Road 6. He feels a new road connection at that point will make the problem worse. He does not feel moving the new road to the south will solve the problem. He suggested that the new road be ended in a cul-de-sac with a trail coMection for emergency vehicles only. Kelley asked Johnston how many cars make a left tum into Shadowood in the morning. Johnston said the problem is more in the evening rather than in the morning. Kelley said the light at 6 and 12 forces traffic up Willow and it stacks up there. Johnston agreed with the other staff recommendations. Matt Sanford, resident of Shadowood feels the process is happening too fast and the neighbors have not had a chance to review the p an. He thought the neighbors would have a chance to work with the developer o talk about the·r concerns and that has not happened. Jabbour said that s ate law mandates the amount of time the City 1s allowed to act on an application. The deadline for this application is December 16, 1999. It is the developer's choice to talk with the neighbors. Sanford said this plan is getting much closer to what he ne·ghbors want, but hey feel like they are being pushed out of the process. He said he opposes the project because he doesn't have enough information about the project. Jabbour said he needs specific ideas from Sanford on what he would li e to see in the pr oject. Because this application is a PRO, there are many requirements that the City can make. If the applicant came back with an application for a subdivision without. a PRD, the City would have less contro. He aid it would helpful for the Council to understand Sanford's vision of what he wou d like the neighborhood to be. He said the City ould like to keep a minimum footprint on the land and a PRO allows that. Pa 16 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13,1999 §2522 BANCOR GROUP, INC - Continued Kelley said there are only four houses that will front on Willow and that is appealing to him. Sanford asked if the developer needs a variance from the two-acre lot requirement. Jabbour explained that no variances are needed with the PRD. Sansevere asked if Sanford was concerned about the road being located across from Shadowood. Sanford replied that he is concerned about it because he thinks there will be a trafiSc problem. He said the area is not very well lit at night. Jabbour explained the types of restrictions that can be placed on the property with a PRD. John Grobe said he has lived in the area for four years. He said they moved to Orono because they wanted to live in an area that was rural in nature. He does not want to see curb and gutter or lights. He doesn’t want to see two-story buildings. He would rather see one-story ramblers because the area is so flat. He thinks this development will become an eye-sore for the community and will devalue the property around it. Jabbour said that if people take the time to read the Comprehensive Plan, the City is not diverting from that plan. He said the City does not have foil control, but it does have some control. He said the applicant can choose to submit a plan for two-acre lots and they could build tall houses, plus two bams, plus a garage. Kelley said that where he lives today used to be a farm and there were no trees on it. Today, because of the houses that were built, people have planted trees that are now 16 feet tall. He said there is a pride in ownership and homeowners will plant trees. Jim Cox said he lives across the road from the project. He said he understands the neighbors’ concerns about the road, but he doesn’t want the road moved to line up with his house. He said he does not oppose the project. He is concerned about the height of the houses. Jabbour asked his opinion as a fire fighter. Cox said he is concerned about the height of the houses and, as a fire fighter, he would like to see public water because it gives them greater ability to fight a fire. He would not oppose the cul-de-sac with an access. He said the height of the building and the way the dirt is pushed up to the basement are more of a concern than the road issue. Jabbour asked how long the road would be with a cul-de-sac. Gaflfron said it would be about 2,000 feet which is double what it should be. Page 17 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13,1999 (U6) U2522 BANCOR GROUP, INC - Continued Flint asked if the cul-de-sac could be farther do\^'n the road. He said the road opposite Shadowood is a problem. Moorse said he doesn’t know if a cul-de-sac will be necessary, because if there is a problem with the traffic being able to get out of there during busy times, the residents will start going out the south exit instead. Kathy Johnston, 2335 Shadowood Drive, said she is concerned about the safety of her children standing at that intersection waiting for the bus. She fears that the bus will only stop on one side or the other and her children will be forced to cross the road. Gerry Pettis said he lives on Dickey Lake Drive and Ringers Wood. He is very concerned about the traffic on Willow. He asked if the Council is going to keep to the two-acre lot size. Jabbour said this property is zoned for two-acre lots. He explained that the land can be developed with a two-acre minimum lot size or it can be developed as a PRD. He explained that the developer gets credit for all the area in the conservation outlot and the street. With a PRD, the City can negotiate the terms of the development. This a 58-acre parcel and there will be 25 lots. Sansevere said he is concerned that the lots adjacent to Willow and 6 are small because they are the most visible lots. Campion said the lots on the interior of the loop could be made two-acres by sacrificing some of the area in Outlot A. Lot 1 south of the southerly entrance is over two acres. He said that inside the loop, they weighed whether to create more outlot conservation area or increase the lot sizes. On Lot 15, in order to avoid an oddly configured lot that was one and a half times wider than it was deep, they chose a configuration that was nearly square. He said they could shift the size of the lots, but he isn’t sure what would be gained. Sansevere said it seems to him that aesthetically it would be closer to the two-acres that people seem to want in that area. Campion said that on paper they would be getting closer to the two acres. Aesthetically, if they are standing out in the street looking at it, with the open space, they won t see the difference. Sansevere asked what type of houses they plan to build. Newman said they haven’t designed homes for the individual lots. They wnll be upgrade homes and more and more upgrade homes are ramblers, but he would expect that some wdll be two- story homes They were constrained in the layout of the lots because they were trying to work around the wetlands Page 18 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13,1999 (U)H2522 BANCOR GROUP, INC - Continued Campion said that the building pads that they are proposing to construct will all accommodate ramblers. Kelley said he feels the PRD is an ideal solution for this land because of the topography and the wetlands. Flint said if you look at the area along Willow Drive, there are four lots totaling about 6.5 acres, but you have to look at the whole acreage and that puts four lots on 13 acres. He feels the PRD is a very good use of the property, Jabbour said the lot sizes could be increased by reducing the size of the conservation outlots, but that could push the houses closer to the road. Sansevere asked what the other council members think about the road issue. Kelley said there have been problems throughout the City with roads that don’t line up and headlights shining into homes. He said that if the exit to the north is a problem, perhaps it could be posted “no left turns” at certain hours of the day which would force the traffic to the south. Willow Drive is between two major roads. There will be even more traffic when the property to the south is developed. He said it might force a traffic signal at 6 and Willow. He does not feel the traffic issue should stop this development. He thinks the line up of the two roads is appropriate. Sansevere agrees with Kelley’s suggestion to limit access during peak times. Jabbour said if there is a big box development at Willow and Highway 12, the traffic on Willow will increase dramatically. This can be controlled through the Comprehensive Plan. Kelley said the Council has fought Mn/DOT long and hard not to put an entrance on Highway 12 and Willow. Initially, they wanted to put an access ramp on Willow and the new road and the Council fought hard because they didn’t want to force all that traffic onto Willow. The concept for Willow is that it is a neighborhood road for residential usage and the preliminary plat) for Highway 12 does not have an entrance to Willow. Flint said that the private roads in Sugarwoods and French Creek are two of the nicest developments in Orono. If this road can look like those two, he is in favor of it being a private road rather than a public road Jabbour said he is in favor of the private road. The other Council members agreed. Newman said the road is not a major issue. His concern is public water versus private wells. Jabbour said he would like to see a gravity sewer system. Page 19 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13,1999 (»6) U2522 BANCOR GROUP, INC - Continued Gappa agreed with Jabbour. He said it would be wise to use a gravity system rather than burden all the homeowners with grinder pumps. Jabbour said he understands the fire department needing water in the area and it would be nice to have fire hydrants, but he does not have strong feelings either way. He does not feel it is the developer ’s obligation to run water to the next development for the City’s fire protection. He said if the City wants to run it, so be it. The developer gives the City an easement and they will run it. If staff and the Fire Department feel there should be hydrants, perhaps a single main could be run for hydrants. Newman said there is a significant cost involved just to bring water to the site, even for one hydrant. Kelley said he does not feel the site needs public water, especially if they are willing to go to 25 feet on the side setbacks. Flint said he thinks it depends on how much it costs. He would like to see water there not only for this development, but because of other developments to the east of there including Shadowood. He doesn ’t feel it is a good decision for the City in the long term to allow private wells. He said he doesn ’t want to spend the money, but perhaps there is a way to pay for part of it through the City system. Jabbour said that Mr. Flint is suggesting that if the benefit to the homeowner is the price of well, approximately $5,900, multiply that by 25 homes and if the cost exceeds that, perhaps we could work on a formula where there would be public water and the developer would not pay a lot more than the cost of a well. Newman said they are receptive and are willing to work with staff on this issue. He said their analysis is that the cost of public water would be greater than a private well by a reasonable amount. Jabbour asked what the cost would be to extend public water to the site. Newman said he does not know all the numbers because part of the cost is the City assessment that gets charged for connection. He knows what the total cost is for both sewer and water, but he not sure what the cost is without water. Jabbour said that Newman is saying that the City’s cost of the water tower assessed to the resident will by itself exceed the cost of a well, not to mention running the physical pipe. Newman said the assessment for sewer and water is $9,200. Page 20 I ORONO CITY COUNCIL MFETING MINUTES FOR DECEMBER 13,1999 (»6/ U2522 BANCOR GROUP, INC - Continued Weinberger said he believes the water service was over half of the sewer and water connection. It was around 60%. Jabbour said the Council would be in terrible shape if they set a precedent by changing the assessment. Kelley said that if the property to the south gets developed at a higher density, it definitely will have to have water. He asked if there is any way to tell the homeowners association that once the property to the south is developed, an extension would be run for a fire hydrant at that time. The cost of that hydrant would be assessed to the homeowners. Flint said it would be simple^ to nm it now. Jabbour said there would be no SAC charges, everybody would be on wells, but the City would provide a hydrant eventually somewhere halfway in between and this subdivision would pay for the hydrant. Kelley is saying that the line would be at the comer of this subdivision anyway and it would not cost a lot more money to mn the line to a hydrant. He said there is no way to waive the homeowners’ right to appeal an assessment. The City could come up with an estimate of the cost and have it be part of the development agreement so the money could be set aside now. Sansevere asked if there is an advantage to the City one way or the other. Moorse said there are significant benefits to the City in having municipal water there. The first one is fire protection Sansevere feels it would be a selling point for the developer to have public water. Moorse said staff needs to get some more information about how much it would cost to bring water to the site in order to compexe it to the cost of a private well. Then they can negotiate what amount the developer should pay to get water in there and is there an amount that the City is willing to pay because there is a general benefit. Flint asked Weinberger what the SAC and WAC charges would be if both sewer and water are exten;**;;?* to the development. Weinberger said the connection charge for sewer and water, just the connection into the system, is appi oximately $9,200 per unit. Flint asked about only the connection charge. Weinberger said he believes the SAC charge is $1,050 per unit. Page 21 ORO ·0 CITY COU CIL IEET G l\'lINUTES FOR DECE BER 13, 1999 (#6) #2522 BANCOR GROUP, INC -Continued Jabbour said the cost of running the pipes would be on top of the connection charges. He would be very uncomfortable serung any precedent because there may be commercial or high density develop-ments in the future. Newman said he understands that having public water enhances the value of the lots. He said they would have to run the line approximately 1,300 feet just to bring it to the site. Early on in their discussions with staff they were told that it is not the policy o the City of Orono to pay to bring water to the site, so they never made that request. Jabbour asked how much it would cost tn run the pipe to the ite. Kellogg said it would probably be an eight-inch line. Jabbour said that's $45,000. Kellogg said that where water was extended through the Middle School site, the City did acquire an easement from that line to the west boundary of this parcel with the idea that someday it would be extended to that point. The easement is in place, but the pipe ·;.;Jn 't. Jabbour said . hat based on what the City has done in the past, he doesn't fee there is need for public water. But, based on the w people are build1n° heir homes now and on the tire department's report to the Council that there are times when they cant even get on top of the houses and their tankers can't carry enough v;ater, he is s arting to change his feeling an . attitude towards public water. Kellogg said that when the City goes into e. · stin nei hborhood to pro · de sanitary sewer inevitably the next qu stion they ask is when is City water coming. Sansevere said he favors City ater. He doesn t see a compelling enough reason not to ha e it. He doesn't feel the Council shou d consider the developer' cost in makin that decision. Jabbour said the curr nt st}le of houses dictates. that he Ci have · ater available to fight fires. Kellogg said there is a possibilit o brin in_ the Ii e in at th south,v st corner from the water tower area. He do sn t kno if it would be any sho er to come in that a . Flint said e kno w ·n b extendin at r alon hat ·ill be Ke ·1 Par ay because of what is planned tor that area. Mr. Callahan said if public ter isn ut in no h Ci · hou t necessary to put it in later. P 0 e 2 ·h-asem nts • • ORONO CI'I'Y COUNCIL MEETING l\'IINUTES FOR DECEMBER 13, 1999 (#6) #2522 BANCOR GROUP, INC -Continued Gappa said the water is close to the southwest comer of the property because it comes off the v.ater tower, goes east, then down the east boundary line of Public W,orks. Gappa said the \\·ater would be· $5,810 per unit for the connection charge. Thac does not include running the v.·ater line. Flint said it sounds like the Council members are in favor of public water. He asked if the trail "ill be constructed as part of the subdivision. 1'ewman said they are willing to put the trail in if they get the credit for that against their Park Dedication fees. Flint said he would have to check to see what the City did on the Dickey property. Newman said he would expect to have a credit for the construction cost of the trail. Jabbour said the homeowners should be told that the City does not plow trails. Kelley asked about their plans to screen the lots on the west side from the new school where there will be baseball and soccer fields. rewman said they are planning to leave it open because there is a buffer zone there. 1·ne homeowners will probably do extensive landscaping. Their covenants require approval of the landscaping plans. Kelley said if the road is public instead of private, other people would have a right to use the road to get to t · e trail };ewman said they are showing a trail connecti n there. He assumes that if the trail is paid for \111' 1 Park Dedication funds, it would be a public trail. Jabbour said that Kelley is saying that people would not have the righ to be on the road to get to he trail if it isn't a public road. He said the City should take an asemen.t over the road too. KeUey said he wants to make sure because if he hved on the east side of Willow Road in Shadowood, rus direct line to the baseball field would be through this development. · ewman said there 1s another trail connection throu · Outlot .A. Kelley said that kids from Shadowood are going to come across the street, into the private road and down the pubr c easement into the sc "Joi. abbour said ther -should be some language giving them the right to do that. Page 23 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13,1999 (#6) #2522 BANCOR GROUP, INC - Continued Newman said the trail can be dedicated as public. Weinberger asked if the trail could be extended in a different location. Newman said the only non-wetland lot line that they have is the one where the trail is located Kelley asked how wide the trail *vill be. Newman said they are planning an eight-foot paved trail with additional easements. Kelley said the neighbors might object to the trails if they don’t know about them before they move in. That has happened before and the City vacated some trails. Newman said the key to it is to let the buyer know about the trail expectations on the front end. He said they would put the trails in when the streets are constructed so the neighbors can see them. Jabbour said the City vacated those other trails because they went to no where and there were other trails adjacent to them that came up all the way to the school and Baker Park. He said the City has no intention of vacating other trails. Sansevere said he doesn’t kno w if kids will actually follow the trail because it has a jog in it. Kelley said he is suggesting that the City take an easement so the trail can be on the roadway. He said the neighbors can put in landscaping that will direct kiis toward the trail. Flint questioned the location of the trail. Jabbour suggested that a condition be approved by staff of a trail system that connects Shadowood to the School District. Jabbour said they should ‘alk about the height of the buildings and he believes there should be no accessory structures allowed on the sites. Newman said he feels the building pads are large enough for big garages. Jabbour said there should be no outside storage except a licensed vehicle. Newman said they can address it in their covenants. Jabbour said the covenants can be changed and he wants it to be part of the PRD. Jabbour asked if they cculd divert from the ordinance and put in a ‘not to exceed” height. Page 24 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13,1999 {U) §2522 BANCOR GROUP, INC - Continued Kelley asked what if someone wants to put in a tennis court or a swimming pool? Jabbour said no above-grade accessory structures. Sansevere said what if someone wants to put in a gazebo attached to the pool area. He asked if they were trying to eliminate sheds. He asked if their covenants allow for a pool? Newman said yes, but he thinks the covenants would prohibit a gazebo. Jabbour said that above-grade accessory structures should be prohibited. Newman said the covenants could be submitted for review by staff and that becomes one of the conditions the PRD. Jabbour asked again about the height of the buildings. He asked about the present permitted height. Weinberger said it is the average peak and its 30 feet, so essentially you could have a structure taller than 30 feet in height if the entire second floor would not be used as livable space. Kelley said he is not in favor of changing that. Peterson and Sansevere agreed. Jabbour said he feels public water should be provided. Newman said that then the Council should change its policy on helping the developer pay for bringing water to the site. Kelley said he has a problem with paying for 1,300 feet of pipe to bring water to their property. Kellogg said there is water available closer than 1,300 feet and this needs further study. Kelley said the City has to be consistent in its policies. Newman said they were advised by City staff that in bringing sewer to the «’.te, they would be responsible for the cost of bringing it to the site. They anticipate paying for approximately 1,200 feet of line outside of their development. If the City changes it’s policy on paying for water, they should change it for sewer also. Jabbour said that if the City diverts from the current sewer policy, it would bankrupt the City. Page 25 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13,1999 (U6) 1t2522 BANCOR GROUP, INC - Continued Newman said that all the other conditions are acceptable. He asked that the matter be moved forward and they be given a chance to work with staff on a cost evaluation and bring back a recommendation subject to approval at the next Council meeting Jabbour said the time limit does not allow it to come back again. If a fire hydrant is needed, he does not object to the City picking up some of the cost to run the line between two fire hydrants. Kelley asked if the PRD could be amended at a future meeting. Jabbour said the Council can require the public water now and change it at a later date. Newman said he wants assurance that the City will look at private wells instead of public water. Sansevere asked if Newman’s only objection was cost. Newman said yes. Jabbour said if staff says the City cannot live without them taking it all the way to 6 and Willow, and this development is self-sufficient with it being in the middle of the road, he thinks it is the City’s call if they want to either make them do it or pick up the tab for it. Kelley said he is in favor of the 25 ’ setbacks. He asked if they are planning curb and gutter. Newman said it would be a rural setting. Kelley said there should be no lights. He asked if there would be monuments. Newman said there will be a monument and a median at each entrance. He asked that the City not put up any warning sign for the median. Kelley said he is in favor of this application. Sansevere asked if the Council needs to address the traffic controls at this time or if it would be subject to a study. Jabbour said since this will be a private road, it should be included now. Kelley asked if the City has the right to restrict right or left turns off from a private road. Barrett said the City could, but it would be just as easy to say in the PRD that the City reserves the right on the private road to control the left and right turns. Page 26 --------------- ORONO CllY COUNCIL :MEETING l\'IINUTES FOR DECE�IBER 13, 1999 (#6) #2522 BANCOR GROUP, INC -Continued Kelley moved to approve and adopt a resolution Approving a Preliminary Plat and Planned Residential Development for Application ·#2522, The Bancor Group In�., at the South west Corner of County Road 6 and \Villow Drive North (\\.illow View), subject to the following conditions: 1.Sewer servi.ce shall be a gravity system. 2.Traffic flow on private road is subject to the reasonable regulation of the City. 3.l\'lunicipal water senice shall be installed on the site. 4.Internal roads w·11 be private, but there will be an underlying public roadway easement to the City. S.There will be no public lighti ng, except it may be necessary to light the intersection for the private road and \ViUow Drive in the r uture. 6.Setbacks will be: Front Yard Setback 35 feet Side Yard Setback 25 feet Rear Yard Setback 30 feet Side Adjacent to Street 35 feet 7.There will be trail easements along County Road 6, along \Villow Road and east/west across the property from \Villo,v to the l'Iiddle School property and over the private road. The trails are to be completed prior to construction or any hom es. The trail will be 8' wide bituminous with a 12' easement. 8.There will be no accessory structures above 6', and only oon-roore ccessory s ructures are permitted. 9.There will be no curb and gutter e cept oe entrance medians. 10.Copy or the covenants must be approved by City staff. 11.The consen1ation easement to be platted as a conservation outlot to be held in the ownership or the Bomeowner's Association. 12.The landscape plan shall be subject to approval by c·ty staff and the developer will post a letter of credit in the amount of 150% or the improvement costs. Trees will be planted along the private ro .ad spaced at every 40'. Kathy Johnston said she obJects to th plans for a monument and median at the entrance because of traffic concerns and it will take a\vay from the rural character of the neighborhood. Newman said he is willing to submit the pla s for th entrance for staff review. Weinberger said that in the case of Carriage Hill and some other developments, the monument signs that · ould go in would actually exc:eed the he"ght al owed. He ecommended that when a monument sign plan comes in, the Council shall r view the p_an F int asked if the Council can appro e this in principle and have s aff come back wit h a draft at the next meeting. He asked if the December 16 deadline can be extended. Poe 27 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13,1999 (#6) U2522 BANCOR GROUP, INC - Continued Barrett said there has been one 60 day extension by the City. Permission of the applicant would be required for another extension. Newman said he doesn’t have a problem extending the time limit. Jabbour said the City would need something in writing regarding extending the time Umit. Kelley seconded the motion. Flint amended the motion to state that it is subject to staff drafting the resolution and presenting it to the Council at the next meeting. He asked if Newman would give his written consent to extend the deadline. Newman said he understands the process and he is willing to give his written permission. Jabbour said he would like the motion amended to state that the Council is giving approval based on these conditions, if written permission for an extension is not obtained. Flint and Kelley accepted the friendly amendment to the motion. VOTE: Ayes 5, Nays 0. Break, 10:30 p.m. - 10:35 p.m. (#8) #2544 ALFRED AND MARILYN RICHIE, 905 TONKAWA ROAD - FINAL PLAT OF RICHIE ADDITION - RESOLUTION NO. 4400 Peterson moved, Kelley seconded, to approve and adopt Resolution No. 4400, a Resolution Approving the Plat of Richie Addition. VOTE: Ayes 5, Nays 0. (#9) #2550 CHARLES VAN EECKHOUT, 120 BROWN ROAD SOUTH - CLASS HI SUBDIVISION Charles Van Eeckhout, applicant, was present. Weinberger presented the staff report. This application is for a seven-lot Planned Residential Development on property located at 120 Brown Road South. It is approximately a 20-acre parcel with approximately 14 acres considered dry buildable. The current access to the property is via a private driveway easement across a property known as Tract G which is owned by Mr. John Dunn. The Planning Commission reviewed this matter at their last meeting and recommended by a vote of 7 to 0 to deny the request for this subdivision, conditional use permit and variances based on a request by the applicant to move this item forward to the City Page 28 Application Date: 8/18/99 Completion Date: 8/18/99 Deadline extended to: 12/16/99 REQUEST FOR COUNCIL ACTION DATE: 12/9/99 ITEM NO.: Ip Department Approval: Name Paul Weinberger Title Zoning Administrator/Planner Administrator Reviewed:Agenda Section: Zoning Item Description:#2522 The Bancor Group Inc. Southwest comer of County Road 6 and Willow Drive North (Willow View) Zoning District:RR-1B, Single Family Rural Residential, 2 Acre minimum lot size Comp Plan: Site Area: Rural Service/Rural Residential (2 acre) 58 Acres (51.81 Acres dry buildable) Exhibits: A B C D E Proposed Site Plan (December 3,1999) Preliminary Sanitary Sewer Plan (December 3, 1999) Preliminary Street Plan (December 3,1999) Preliminary Grading Plan (December 3, 1999) Planning Report (November 12,1999) Summ:;r>' of Request: The Planning Commission has recommended on a vote of 7 to 0 to approve a Preliminary Plat and Planned Residential Development (PRD) for the 58 acre property located at County Road 6 and Willow Drive North. The Planning Commission had recommended the developer amend the site plans to include a vegetation plan and berming plan to buffer the development from surrounding properties, a trail plan along County Road 6 and Willow Drive, platting a conservation outlet rather than a conservation easement and recommending the subdivider work with the City to provide water service to the property. The property would allow 25 lots on 51 acres of dry buildable land, including land dedicated for rocidway purooses and for trail space. The developer has implemented the berm and vegetation plan and located a trail plan as recommended by the Planning Commission. The revised plans, however, indicate the conservation easement remains and no water service has been provided to the site. Engineering Comments: 1. 2. 3. The plan before the City Council is the first to propose a pressure sewer system. Pressure systems are usually only used when gravit)’ does not work and/or the sewer is being provided to a developed neighborhood. The Cit>- Engineer has recommended a gravity system be used. The gravity system is appropriate for a new development. There is also less concern for long term maintenance. Due to public health and safety issues it would be appropriate for the Cit>‘ of Orono to require water service to the property. Many of the lots within the development are smaller than the standard RR-IB two acre lot with a 200' minimum width and 30’ required side yard setback. Lots less than 1 acre in size will have a side yard setback requirement of 10’. There is the potential of locating residential structures with only 20 ’ of spacing. The concern would be fire possibly spreading fi:om one property to another. Municipal water would also allow hydrants to be located along Willow Drive and within the development. The grading plan is for the most part acceptable. The City Engineer has recommended the lowest basement elevations be above the Normal High Level of the ponds and the exposed opening 2' higher the High Water Level of the ponds. Public/Private Road: The Comprehensive Plan states Private Roads shall have a maximum service of approximately ten residential properties. Private roads shall be privately owned and maintained by a Homeowners Association. The City will require that private roads be constructed and maintained to Ciw standards. The City will acquire an easement for public ingress, egress and access to all properties. A public road would require the developer to build the road to City standards. Located within the road right-of-way would be public utilities (sewer, water, telephone, gas and/or cable service). The Comprehensive Plan indicates the proposed roadway be a public road. The basis would be the road not being located within the rural area (sewer and water service is available) and the roadway would serve 25 individual lots. Another alternative has suggested only one access to Willow Drive and a second, future access platted through the south end of the development to Kelley Parkway with the expectation being the road would be extended to Kelley at the time the property to the south develops. The Comprehensive Plan addresses the issue of routing non-residential traffic through residential neighborhoods. The properties along Highway 12 would be serviced by the extension of Kelley Parkway. If the proposed development had access to Kelley Parkway, traffic from commercial uses and the City Offices would have the option to pass through the residential neighborhood to access County Road 6. Lot Layout and Standards: Most of the larger lots within the proposed Willow View addition are located to the southwest portion of the property'. Many smaller lots are located along County Road 6 and Willow Drive North. The Planning Commission has recommended approval of the site plan, but Staff did have concerns with the smaller lots being located closer to the 2 acre residential de\ elopment existing around the proposed Willow View. 1 Issues for Discussion 1. 2. 3. 4. Lot Layout and Standards Staff is recommending water service be made available to the property. This proposal indicates each of the 25 lots will be serviced by private wells. The City Engineer and Public Works has recommended the development be served with a gravity sewer system rather the pressure system as proposed on the latest plan. The Comprehensive Plan suggests tlie road be dedicated as a public road because it server greater than 10 units. The City has allowed other roads within developments of greater than 10 units to be held as private. (Sugarwoods Drive and French Creek, for example) Staff Recommendation Prior to Staff recommending approval for Preliminary Plat the following issues and conditions shall be resolved: 1.The conservation easement be platted as a conservation outlet to be held in the ownership of the Homeowner ’s Association. A conservation easement would allow a house to be built to the easement boundary, but the property owner would not be allowed to remove or alter any vegetation to the rear of the house. Platting the outlot would ensure houses would be built allowing a minimum setback to the conservation areas. 2.The lots are developed that would concentrate the least amount of higher density to impact the properties near the intersection of County Road 6 and Willow Drive North. 3.Municipal water service be installed on the site to eliminate the need for private wells and provide better fire protection to the site. The utility plans and easements for the Middle School property were adjusted with the expectation the Bancor site would develop with municipal water se. vice. The water main should extend westerly and tied into the 12-inch water main installed as part of the Middle School project. The water main alignment should coincide with the utility easement on the school property located just south of the soccer fields. The engineer in his letter dated September 15, 1999 recommends extending the 8- inch water main northerly to the intersection of Willow Drive and County Road 6 for connection to the City of Media’s water system. 4.Sewer service shall be a gravity system rather than the proposed pressure system. The latest plan set, dated 12/3/99, indicates a pressure system. 5.A detailed drainage, ponding and grading plan, with drainage calculations be approved by the City Engineer. 6.Trail easements shall be shown and dedicated along Willow Drive and County Road 6. All trails must be located to not interfere with existing vegetation and outside of drainage ways and ditches. 7.The subdivider shall dedicate the additional 10 feet of right of way along County Road 6 per reconunendations of Hennepin County. 8.Setbacks for lots less than two acres in size shall he: Front Yard Setback Side Yard Setback Rear Yard Setback Side Adjacent to Street 35 feet 10 feet 30 feet 35 feet • I ... • .............. I 1, ,,. _,_,.,. I i . I -. . \. I ,.,· . ,·-·-.. \.... '-..... ' ' , I 1\,0 1 • \ . • I '·-·-· ·-·� I I 0 11 ........ , ,· . . ' '. ' !...... i...... I 2 WILLO VI W THE BANCOR GROUP ORONO, • \I JJ NOD z. � MDABICS N U1E t,·ONl caNb ............... ( '·-·-·-/ i / ..._.,,I -., , .... --·"' I ; ii ,, . 1 �· ·-·,' I 10 j '· ., .... ----------_...,.. ......... -�-___...., . ......,_,... � • I , .... .,. I ,,,,. I ' I i ,·-·- \ .... WI LOWVIEW THE. ANCOR GROUP ORONO.MN u ' ' I I \ •t' �.. -··--- ��, CTat C. ; \ ' l ' \ .... ... \ I ' ,_ ,,, ,· I I -- �I I ' ' ' ,,------ ' \ , ' ' --- I f I I ' _., OVJ(WO) 1r a, • JIii ··--••• Seo e 1 "' • 100 »NriL MEETING APR 2 4 2000 REQUEST FOR COUNCIL ACTION CITY OF OR oa /q DATE: April 24, 2000 ITEM NO % Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Request for Payment ^5 Orono Orchards Sanitary Sewer Project We have reviewed the information submitted by the City’s engineering firm and recommend approval of this Request for Payment. COUNCIL ACTION REQUESTED; Motion to approve Request for Payment #5, Orono Orchards Sanitary Sewer Project to Widmer Inc. in the amount of $3,135.00 Bonestroo S=A Rosene Andertik & Associates Cr.^ircef I 4 Afchitects Owner City ofOrono 2750 Kelly Pkwy PO Box 219, Crystal Bay. MN. 55323-0066 Date April 19. 2000 For Penod: 2/18/00 to 4/19/00 Request No Contractor; Widmer Inc 4250 Creekview Circle, PO Box 219.. St Bonifacius, MN. 55375 REQUEST FOR PAYMENT ORONO ORCHARD SANITARY SEWER BRA FILE NO. 139-98-101 CLIENT PROJECT NO. CLIENT CONTRACT NO. SUMMARY 1 2 3 4 5 6 7 8 9 10 11 12 Original Contract Amount Change Order - Addition Change Order - Deduction Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retainage 5% Subtotal Less Amount Paid Previously Liquidated damages - AMOUNT DUE THIS REQUEST FOR PAYMENT NO S_____50.678.50 $0.00 $ s s s s s s s s 424 713 50 475,392 00 392 538 30 0 00 392.538 30 19.625 92 372.911.38 369 775 38 0 00 3.135 00 Recommended fcr Approval by. BONESTROO. ROSENE, ANDERLIK & ASSOCIATES. INC. Approved by Ov/ner CITY OF ORONO Specified Contract Compleson Date October 15 1999 Date Item Part 1 • Sanitary Sewer 1 8" PVC sanitary sewer. SDR 35. 0’-8 ‘ deep 2 8" PVC sanitary sewer, SDR 35. 8 -1 O' deep 3 8" PVC sanitary sewer. SDR 35.10’-12' deep 4 3 ■ PVC sanitary sewer, SDR 35. 12’-14‘ deep 5 8 '■ PVC sanitary sewer. SDR 35. 14'-16' deep 6 8 " DIP. 8'-10’ deep in place 7 3" DIP. 10 -12' deep in place 8 4' diameter sanitary MH. 8 ’ deep, ind R-1642-B cstg 9 MH depth greater than 8 ’ deep 10 Outside drop 11 Directional bore 8" HDPE SDR 1 ’ 12 Directional bore 4" HDPE SDR 11 service pipe 13 3" X 4" PVC or HDPE compatible service wye branch 14 4" PVC service pipe in place. SDR 26 15 4" PVC. SDR 26 riser pipe 16 Improved pipe foundation in 6" increment depth 17 Mechanical trench compaction 13 Insulation 19 Closed circuit TV inspection 20 Submersible pump lift station 21 Connect to existing force main as per MCES detail Tctal Part 1 - Sanitary Sewer Part 2 • Restoration 22 Remove bituminous pavement 23 Common excavation (EV) 24 Aggregate base. Class 5,100% crushed 25 Type 31 bituminous base course 25 ~y?e 41A bituminous weanng course 27 Geotextile Filter 28 Situminous material for tack coat 29 Bituminous street oatching 30 Clear and Grub 31 Bituminous driveway restoration 32 Concrete driveway restoration 33 Scdding. inci 4" topsoil 34 Seed with topsoil, mulch and fertilizer 35 Erosion control fence 36 Furnish and plant evergreen tree (blue spruce) 6' high 37 Furnish and plant shade tree (Sugar Maple) 4" diameter 38 Remove and transplant bushes 39 R emove and transplant tree - Desiduous 40 Remove and transplant tree - Coniferous Teta! Part 2 - Restoration Contract Unit Quantity Amount Unit Quantity Price to Date to Date LF 480 36 00 522 S19.79200 LF 150 36,00 150 S5.400.00 LF 160 36.00 160 S5.760 00 LF 30 36 00 25 S900 00 LF 310 3600 297 S10.692.00 LF 60 46.00 35 S1.610.00 LF 20 45.00 SOOO EA 15 1500.00 14 S21.000.00 LF 69 100.00 584 S5.840.00 LF 11.9 150.00 11.9 S1.785 0C LF 2550 47.00 2483 $113,701.00 LF 560 28.00 667 S18.67600 EA 23 75.00 22 S1.650.00 LF 450 8.00 360 $2.38000 LF 100 800 $0 00 LF 1200 2.00 2581 $5,162.00 LF 1710 025 1439 S359.75 SY 100 1000 $0 00 LF 3760 0.50 3630 S1.815 00 LS 1 72C00.00 1 S72.000 00 LS 1 10000 00 41 S10.000 00 $301,022.75 SY 4000 075 1803 31.35225 CY 550 7 50 550 S4.12500 TN 1100 10.00 500 S5.000C0 TN 170 30 00 141.1 34.233 00 TN 130 31.00 112.1 33.475 10 SY 1450 1.00 1450 31,450 00 GAL ICO 0 01 25 SO 25 SY 2400 9 50 1126 .310.597 CO LS 1 5000.00 1 35.0C0C0 SY 500 10.50 244 S2.5o2.C0 SF ICO 8 00 SO 00 SY 130C0 3 00 1100 S3.300.00 AC 02 7500.00 0 1 S750C0 LF 2000 2.00 40 S8000 EA 5 450.00 7 S3.150 00 EA 5 500.00 4 S2.C00 00 EA 10 50.00 SO 00 EA 25 250 00 2 $50000 EA 5 25000 1 S250 00 $47,924 60 Change Order Number 1 Change Order No. 1 1 3" PVC sanitary sewer. SDR 35. 0'-8' deep 2 8 " PVC sanitary sewer. SDR 35. 8'-10‘ deep 3 3 =*VC sanitary sewer, SDR 35.10'-12' deep 4 3' PVC sanitary sewer. SDR 35. 12'-14' deep 5 4 oiameter sanitary MH. 9' deep, md R-1642-B cstg 5 M'r! decth greater than 8' deep 7 3" X 4" PVC or HDPE compatible service 'vvye branch 3 4" ^VC service pipe m place, SDR 26 9 Improved pipe foundation in 6" increment depth 10 Mechanical trench compaction LF 230 36.00 150 S5.400 CO LF 120 36.00 186 S6.696 00 LF 135 36 00 145 S5.220 00 LF 15 36 00 so 00 EA 4 1500 00 4 $6,000 00 LF 6 100 00 42 $420 00 EA 3 75 00 $0 00 LF 60 8 00 $000 LF 200 2 00 $0 00 LF 500 025 481 $12025 -1 No.Item 11 12 13 14 15 16 17 18 19 20 21 22 Closed circuit TV inspection Connect to existing manhole Remove bituminous pavement Common excavation (EV) Aggregate base. Class 5. 100% crushed Type 31 bituminous base course Type 41A bituminous wearing course Geotextile Filter Bituminous material for tack coat Bituminous driveway restoration Sodding, inci 4 " topsoil Erosion control fence Total Change Order No 1 Contract Unit Quantity Amount Unit Quantity Price to Date to Date LF 500 0 50 456 S228.00 EA 1 1500.00 1 S1.500 00 SY 950 0.75 931 S698.25 CY 400 7.50 300 S2.250 00 TN 650 10.00 393 3 S3.93300 TN 120 30.00 142.7 S4.281.C0 TN 90 31.00 1982 S6.144.20 SY 1050 1.00 700 S700.00 GAL 100 0.01 25 $0.25 SY 90 10 50 SO.OO SY 1300 3.00 $0.00 LF 300 2.C0 SO 00 S43.590.35 Total Part 1 - Sanitary Sewer Total Part 2 - Restoration Total Change Order No. 1 S301,022.75 S47.924.60 S43.590.95 Total Work Completed To Date S392.538.30 recuestS ill PROJECT PAYMENT STATUS OWNER CITY OF ORONO CLIENT PROJECT NO BRA FILE NO. 139-98-101 CONTRACTOR WIDMER INC CHANGE ORDERS 1 6/17/99 Provide sev/er ser/ice to the Hamm property ss; 578 50 Total Change Orders $5:578 50 PAYMENT SUMMARY No.From To Payment Retainage Completed 1 07/01/99 Ce/04/99 217.147 91 11.428 84 22:575 75 2 08/05/99 10/05/99 56 155 69 14.384.40 2z~ 583 00 3 10/06/99 11/15/99 76,570 28 18,414 42 365 238 30 4 11/17/99 02/17/00 19,902.50 19,461 92 389 238.30 5 02/18/2000 04/19/00 3 135 00 19.625 92 3S2 538 30 Material on Hand Total Pavment to Date $372 911 38 Oriqinal Contract :-:24 713 50! Retainaae Pav No 5 19,626 92 Change Orders 530,678 50 Total Amount Earned $392 538 30 Revised Contract 5475.392.00 rtgucttS ii» MJrETiNG APR 2 4 2000 REQUEST FOR COUNCIL ACTION OITY OF ORONO DATE: March 27. 2000 ITEM NO ■' 1 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: i'l Agenda Section: Administrator's Report Item Description: Seasonal Employees for Golf Course The Council previously approved the list of Golf Course seasonal employees for the 2000 season. There were three open positions on this list. We have filled two of these positions and Council approval is required to hire these two new employees. The employees are hired under two different provisions of the PERA rules. Three employees will be hired under the 6-month rule which allows unlimited earnings for a 6-month maximum time period. These are the main employees with the majority of the hours during the season. The remainder of the employees work fewer hours and will be hired under the PERA maximum earnings provision which limits earnings to $425 per month without any restrictions on the number of months worked. REVISED LIST OF PROPOSED SEASONAL GOLF COURSE EMPLOYEES Emplovee 2000 Hourlv Waee F •Bill McIntyre (6 month employee)$7.45 •Jack Peterson (6 month employee)$7.45 Open Position (6 month employee)$6.80 •Dan Oas $7.65 •John Ross $7.45 •Jan Blair $7.45 •Vicki Raiche $6.87 •Fred Abrahamson $6.87 Open Position Adam Noble $6.80 Open Position Gary Peickert $6.80 •Returning Employee COUNCIL ACTION REQUESTED: Motion to approve the revised employee list, including the two new employees hired to fill the open positions, at the proposed wage rates and under the applicable provisions of the PERA rules. REQUEST FOR COUNCIL ACTION COiiwrn APR 2 4 2000 C\TY Oh OHONO DATE: April 24, 2000 ITEM NO.: fO Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Revise 2000 Fee Schedule Orono Orchards Sewer Project- Ordinance The $16,445 connection fee listed in the 2000 fee schedule for the Orono Orchards Sanitary Sewer project iS incorrect. This fee was based on the subsidized project cost which was assessed to the property owners. The correct fee is $22,000 which includes all of the project costs without the benefit of the City subsidy. COUNCIL ACTION REQUESTED: Motion to approve ordinance amending the 2000 fee schedule for the Orono Orchards Sanitary Sewer Project connection fee. ORDINANCE NO.___, 2ND SERIES AN ORDINANCE AMENDING THE 2000 FEE SCHEDULE The City Council of Orono ordains: Section 1. Ordinance Amended. Ordinance No. 194, 2nd Series entitled "An Ordinance Adopting the 2000 Fee Schedule" is hereb\ amended to revise the sewer connection charges related to the 1999 Orono Orchards Sewer Impro\ ement Project. The amendment changes the connection charges, from $16,445 to $22,000 per unit. This revised per-unit connection includes the project costs without the city subsidy to reduce the project assessment. SEWER PROJECTS 1998 Shoreline/Heritage Sewer $16,700.00 99-1 Orono Orchard Sewer $16,445.00 $22,000.00 99-2 Edge wood Hills Sewer $27,960.00 Section 2. Effective Date. This ordinance shall be effective upon approval and publication. Adopted by the City Council of the City of Orono on this 24lh day of .April, 2000, by a vote of ___ayes and___ nays. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mavor w t>!i M111 n Wm^ 0 ms iirrr RIilF.1 fm RIRTlTiUra niiYi Rl I tm li kW1 tJ Ij 01^4«J [•Kvsuil •IWli] •14 iJ -io. iVo.«TSTfC* \ ssAMsst's; r-*rr. . V= ‘9 ’fj- ’i ,«rr.ao»T 25^2'129 y H t»a ^ wii:;Z*o } 5_IU» » \ * A' V.i' '*C^ •X ^(25) *'. C 27) X (O) 5 C ^'tel f7F» ?- n i i‘ HO s no -r» 4 5\\ V V')i CUS n) A > J0fi?!Sti!'S 1D3 hJ i6 .(’.2).v& .?•. •V o d .^(7)^ (3; !g (45 aV A«.| (44) •ft Knf [(20) (2' K spmid (26) (22)(24) (60y '*» %'• \ \fe ^(47) I f 33)\(>»> \ \^ \ (27) ( i8)?(!5' ** ^ , ^0> t '■ “i: (H'l'S iGb .•5' (31) ArV,. (») ^*V r ^-‘•^'« (53).(52 > f. 133)(17)•^fsr) (30)5jl S. J W ' • 6- *' ^^J•42•X•C (55) ' \ «4. ^I I i:c oc: ^ 2>4 • $4*5 53 / *->»%> .. t?’’^» ( •’) I (14)'I C2) I (53) pm: y lot i; )>.^0 *^ *• D.- -Al^) -s*^ I ‘.*ti!f»( 19) A I -•■(3 ( 13') ( 16)':?( '6)^ (20), j ? I (5')? r®. • * .- -f* -v<b v: (1) 7 > •J ^ #• . « •» • rs p • \ « « > 4 t *«4 ' 4 i ^ SANITARY SEWER CONNECTION LETTER OF AGREEMENT This letter of Agreement is between the City of Spring Park (herein referred to as Spring Park) and the City of Orono (herein referred to as Orono). Due to a cost hardship, Orono is requesting sanitary sewer serv ice from Spring Park for one (1) home located at 3800 Dickson Extension in Orono. The home is presently served by a septic system. Orono will collect from the property owner the SAC charges and any permit fees payable under Orono ordinances for work done in Orono. SAC charges collected by Orono will be paid to the Metropolitan Council as provided by law. Spring Park will collect from the property owner charges and permit fees in accordance with a written agreement between the property owner and Spring Park and applicable Spring Park ordinances. The property owner will install and maintain the connection and will pay all construction and maintenance related costs. After installation, the propertv owner will make payments for sanitary service charges directly to Spring Park. Orono has no liability for the payment of sewer use charges for the property. If the property owner is delinquent in making payments for sanitary ’ sewer services, Spring Park may certify to Orono the amount of the delinquency and any interest and attorneys fees payable under the Agreement, and Orono shall then assess the property in the same manner as it would under applicable Orono ordinances had Orono been the provider of the sanitary sewer services and the charges been payable directly to Orono and pay to Spring Park any amount it actually collects. Orono acknowledges that Spring Park has reserved the right in the agreement with the property owner to terminate ser\ ice if the owner is in default under the Agreement. Spring Park has also reserved the right to terminate service upon one year's written notice after May 1,2005. Spring Park has no obligation to Orono to continue to provide sanitary sewer service to the property owner, and Spring Park's only obligation to the property owner is as set forth in the Agreement between Spring Park and the property owner. APPROVED:APPROVED: Gabbriel Jabbour, Mayor City of Orono JerbmS'P^ocfcvam, Mayor City^f Spring Park Date:Date. REQUEST FOR COUNCIL ACTION ooMMoii meeting APR 2 4 2000 CITY Oh OHONU DATE: April 24,2000 ITEM NO.IX Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Golf Course Furnace Replacement The 2000 Golf Course Capital Outlay Budget included $8,200 for replacement of the existing fuel oil furnaces, in the clubhouse and maintenance garage, with natural gas furnaces. We have obtained quotations for this work. Below is a list of the recommended firms to complete this work. Furnaces, City View Plumbing & Heating, Long Lake MN Asbestos Removal, Sheltertech, North St. Paul MN Gas line clubhouse to shop, Millow Electric, Corcoran MN Total $ 7,425.60 $ 1,688.00 $ 1,544.25 $10,657.85 This total is more than the amount budgeted, so a budget adjustment will be required. The reasons for this arc the costs for asbestos removal, and the gas line from the clubhouse to the shop. Minnegasco will provide one meter at the clubhouse and gas piping from the street without any cost. The additional gas piping from the clubhouse to the shop is the City’s responsibility. COUNCIL ACTION REQUESTED: Motion to approve the quotations listed above for replacement of the furnaces in the Golf Course clubhouse and shop. Motion to approve a budget adjustment for the Golf Course Capital Outlay Budget for the completion of tliis work in the amount of $2,500. COl INCH MEETING APR 2 4 2000 REQUEST FOR COUNCIL ACTION CITY OHONO DATE: April 21, 2000 ITEM NO: /3 Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: 'A Agenda Section: City Administrator ’s Report Item Description: Schedule of Upcoming Work Sessions The City Council, at its recent workshop, determined that work sessions would be scheduled on the Thursdays following the second and fourth Mondays of each month. Based on this schedule, the next work session will be held at 7:30 a.m. on Thursday. April 27. Because the City Administrator will be attending the annual Minnesota City/County Management Association Conference on May 1 ’ the only work session scheduled for May is on Thursday, the 25th. COUNCIL ACTION REQUESTED: Motion to schedule work sessions for 7:30 a.m. on Thursday, April 27 and Thursday, May 25,2000. COUNCIL MEETINO APR 2 4 2000 REQUEST FOR COUNCIL ACTION y,. umOno DATE: April 21,2000 ITEM NO: Department Approval: Name Lin Vee Li/-* Title City Clerk Administrator Reviewed: ______________________^_______________________ Agenda Section: Licenses Item Description: List of Licenses for Council Approval SPECIAL EVENT PERMIT 1.Applicant: Event: Location: Date: Time: Minnetonka Bass Club 21st Annual Fishing Tournament Lake Minnetonka (Depart from accesses at Maxwell Bay and North Arm Bay) June 3, 2000 7:00 a.m. - 3:00 p.m. COUNCIL ACTION REQUESTED: Vlotion to approve/deny the above listed licenses. PARADES & SPECIAL EVENTS PERMIT APPLICATION CITY OF ORONO, MINNESOTA s — • • ••• * _ . m ^ ^ • y\ •u .1 0\ *• ^^ Permit #: Fee: S50.00 Date Received: "U Phone Number: f(? I ^ Name:La\-}r v-X ho A /Fry 67 City, State, Zip: P K h I a ----- Location of Parade or Event:C.1/1 Y~R 5 / .%CC Date of Event:_ Hours of Event:---- Type of Event: P S In i w ^^ 7 Amount:Insurance Company: j2^------------------- ------------—----------, (Copy of insurance certificate, on which the City, its agents and employees are named as additional insured, must be submitted with this application.) I am aware of all applicable State and other laws regarding parades and special evenb and will abide by same. I also agree to hold the City of Orono harmless from all liabilities that may arise directly or indirectly from the parade of special event approved by the granting of this permit. I understand some events may require off-duty or reserve officers and a fee may be required for these services. CD,p'cJ..H-I/^OCC Sienature 'W Date Approved:Denied: D By: Remarks: r /, P/U f.LLOi.uCC.^f /'(.'ll/y :/ 21 Apr 2000 Fri 11:47 AM Check Number Check Number 61199 Check Register City of Orono Date Name 61199 ALISSA WINTERHEIMER 21-Apr-OO ALISSA WlfiTERHEIMER Totals Check Number 61199 ALISSA WINTERHEIMER Transaction Amount 150.00 150.00 MEEDSi<^ APR 2 4 2000 CommentClTY Ol" OHOIVU CC MINUTES - 4/10/00 Check Number 61200 AT & T - 61200 61200 21-Apr-OO 21-Apr-OO Totals Check Number AT a T - AT a T - 61200 AT & T - 8.16 16.92 25.06 REGULATORY FEES. TAX MINIMUM CHG. TAXES Check Number 61201 AUGIES MOBILE CHEF 61201 21-Apr-OO Totals Check Number AUGIES MOBILE CHEF 61201 AUGIES MOBILE CHEF 42.00 42.00 HOT DOGS. CHEESEBURGERS Check Number 61202 BANYON DATA SYSTEMS 61202 21-Apr-OO Totals Check Number BANYON DATA SYSTEMS 61202 BANYON DATA SYSTEMS 250.00 250.00 BANYON WINDOWS WORKSHOP Check Number 61203 BATTERIES PLUS 61203 21-Apr-OO Totals Check Number BATTERIES PLUS 61203 BATTERIES PLUS 26.29 26.29 BATTERY Check Number 61204 BCA - FORENSIC SCIENCE LAB 61204 21-Apr-OO Totals Check Number BCA - FORENSIC SCIENCE LAB 61204 BCA - FORENSIC SCIENCE LAB 40.00 40.00 INTOX 5000 TRNG-FARNIOK Check Number 61205 BCA/TRAINING i DEVELOPMENT 61205 21-Apr-OO Totals Check Number BCA/TRAINING k DEVELOPMENT 61205 BCA/TRAINING k DEVELOPMENT 130.00 180.00 STREET SLUVIVAL-ANDERSON Check Number 61206 61206 61206 BLACKOWIAK k SON 21-Apr-OO 21-Apr-OO BLACKOWIAK k SON BLACKOWIAK k SON 19.73 191.72 SOLID WAST SERVICE 3/00 SOLID WAST SERVICE 3/00 «• 21 Apr 2000 Fri 11:47 AM vS Check Register City of Orono Check Number Date Name Check Number 61206 61206 BLACKOWIAK k SON 21-Apr-00 BLACKOWIAK k SON Totals Check Number 61206 BLACKOWIAK k SON Check Number 61207 BOB2IEN, SUE 61207 21-Apr-OO BOBZIEN, SUE Totals Check Number 61207 BOBZIEN. SUE li Check Number 61208 BONESTROO ROSENE k ASSOC. 61208 21-Apr-OO BONESTROO ROSENE k ASSOC. 61238 21-Apr-OO BONESTROO ROSENE k ASSOC. 61208 21-Apr-OO BONESTROO ROSENE k ASSOC. 61208 21-Apr-OO BONESTROO ROSENE k ASSOC. 61208 21-Apr-OO BONESTROO ROSENE k ASSOC. 61208 21-Apr-OO BONESTROO ROSENE k ASSOC. 61208 21-^pr-OO BONESTROO ROSENE k ASSOC. 61208 21-Apr-OO BONESTROO ROSENE k ASSOC. 61208 21-Apr-OO BONESTROO ROSENE k ASSOC. 61208 21-Apr-OO BONESTROO ROSENE k ASSOC. 61208 21-Apr-OO BONESTROO ROSENE k ASSOC. 61208 21-Apr-OO BONESTROO ROSENE k ASSOC. Totals Check Number 61208 BONESTROO ROSENE k ASSOC. Check Number 61209 BOTTENBERG. WENDY 61209 61209 21-Apr-OO 21-Apr-CO BOTTENBERG. WENDY BOTTENBERG. WENDY Totals Check Number 61209 BOTTENBERG, WE:;DY Check Number 61210 BUDGET PRINTING 61210 61210 21-Apr-OO 21 Apr-00 BUDGET PRINTING BUDGET PRrrriNG Totals Check Number 61210 BUDGET PRINTING Check Number 61211 CITY OF MEDINA 61211 21-Apr-OO CITY OF MEDINA Totals Check Number 61211 CITY OF MEDINA Check Number 61212 CITY OF MINNETOJIKA BEACH Transaction Amount 78.90 2i:0.35 25.00 25.00 100.00 238.00 1,068.00 300.75 81.00 51.52 418.00 241.68 1,565.28 484.44 114.00 152.00 4,814.67 18.50 24.98 43.48 10.78 56.87 67.65 300.00 300.00 Page 2 Comments SOLID WAST SERVICE 3/00 REG NOTARY SIGNATURE FEB COUNCIL MTGS POTENTIAL PW ADD'L SITE STANDARD DETAIL PLATES POSS SWR TRUNK COMP PLAN TOPO/LOT INFO-J SLAUGHTER MISC REIM EXP - FEB ENG APPLICATIONS FEB BRIDGE INSPECTION FEB ORONO ORCHARD SWR 2/00 FO^ RIDGE SAN SWR 2/00 HERITAGE DR SWR 2/00 TH12/STUBBS BY RD CLOSURE MI LE;^GE/PRKING-SEMINAR MILEAGE REIMBURSEMENT COVER STOCK - ORANGE COLOR COPIES RECYCLING BINS 21 Apr 2000 Fri 11:47 AM Check Number Check Register City of Orono Date Name Transaction Amount Page 3 Comments Check Number 61212 61212 CITY OF MINNETONKA BEACH 21-Apr-OO CITY OF MINNETONKA BEACH Totals Check Number 61212 CITY OF MINNETONKA BEACH 4.379.50 4.379.50 PRMT, CONCTN FEE-HEAD SWR Check Number 61213 CITY OF WAYZATA 61213 21-Apr-OO Totals Check Number CITY OF WAYZATA 61213 CITY OF WAYZATA 2,011.76 2,011.76 WATER 1ST QTR 2000 Check Number 61214 CITYVIEW PLUMBING & HEATING 61214 21-Apr-OO Totals Gieck Number CITYVIEW PLUMBING & HEATING 61214 CITYVIEW PLLJMBING & HEATING 133.50 133.50 CHANGE FURNACE FILTERS Check Number 61215 CLASSIFIEDS 61215 21-Apr-OO Totals Check Number CLASSIFIEDS 61215 CLASSIFIEDS 23.25 23.25 ADV FOR EMPMNT - GC Check Number 61216 61216 61216 61216 CONSTRUCTION BULLETIN 21-Apr-OO 21-Apr-OO 21-Apr-OO Totals Check Number CONSTRUCTION BULLETIN CONSTRUCTION BULLETIN CONSTRUCTION BULLETIN 61216 CONSTRUCTION BULLETIN 10B.50 108.50 186.00 403.00 2000 LIFT STATION REHAB 2000 LIFT STATION REHAB ADV FOR BIDS-WEBER HILLS Check Number 61217 COUPON MESSENGER 61217 21-Apr-OO Totals Check Number COUPON MESSENGER 61217 COUPON MESSENGER 400.00 400.00 ADV-WAY,EXCEL.DPHVN.MTKA Check Number 61218 61218 CYS UNIFORMS 21-Apr-OO Totals Check Number CYS UTU FORMS 61218 CYS UNIFORMS 179.80 179.80 PANTS. GLOVES - CORNICK Check Number 61219 61219 61219 DCA 21-Apr-OO 21-Apr-OO DCA DCA 65.00 142.80 COBRA ADM 3/2000 MAROl ADM CHG-FLEX SPEND 21 Apr 2000 Fri 11:47 AM Check Register City of Orono Check Number Date Name Check Number 61219 61219 61219 DCA 21-Apr-OO 21-Apr-OO DCA DCA Totals Check Number 61219 DCA Check Number 61220 DCA - WIRE ONLY 61220 21-Apr-OO DCA - WIRE ONLY Totals Check Number 61220 DCA - WIRE ONLY Check Number 61221 DE BAERE, DON 61221 61221 21-Apr-OO 21-Apr-OO DE BAERE, DON DE BAERE, DON Totals Check Nurrber 61221 DE BAERE, DON Check Number 61222 DE LISH 61222 21-Apr-OO DE LISH Totals Check Number 61222 DE LISH Check Number 61223 DELTA DEfriAL 61223 61223 21-Apr-OO 21-Apr-OO DELTA DENTAL DELTA DENTAL Totals Check Number 6122 3 DELTA DENTAL Check Number 61224 DEMBOUSKI, JAY 61224 21-Apr-OO DEMBOUSKI, JAY Totals Check Number 61224 DEMBOUSKI. JAY Check Number 61225 DEPT OF PUBLIC SAFETY 61225 21-Apr-OO DEPT OF PUBLIC SAFETf Totals Check Number 61225 DEPT OF PL3LIC SAFETY Check Number 61226 EARL F. ATiDERSON k ASSOC. 61226 21-Apr-OO EARL F. A2JDERSCN k ASSOC Totals Check Number 61226 EARL F. AJOERSON k ASSL Transaction Amount 142.80 142.80 513.40 372.95 372.95 55.00 48.75 103.75 111.84 111.84 14.40 1,061.70 1,076.10 25.15 25.15 510.00 510.00 73.27 73.27 Page 4 Comments FEB ADM CHG-FLEX SPEND JAN ADM CHG-FLEX SPEND FLEX SPEND WIRE 4/17 WATER LICENSE MILEAGE - WATER SCHOOL BX LUNCHES - WORK SESSION MAY DENTAL MAY DENTAL MEALS - TRAINING 1ST QTR CJDN CONTTCCT CHG SIGNS - JACOBS MILL RD i 21 Apr 2000 Check Register Page 5 Fri 11:47 AM City of Orono Check Transaction Number Date Name Amount Comments Check Number 61227 EAST SIDE BEVERAGE 61227 21-Apr-OO EAST SIDE BEVERAGE 12S.00 BEER FOR RESAT.F Totals Check Number 61227 EAST SIDE BEVERAGE 125.00 Check Number 61228 EMERGENCY AUTOMOTIVE TECH INC 61228 21-Apr-OO EMERGENCY AUTOMOTIVE TECH INC 1,690.94 SQUAD 189 CHANGEOVER 61228 21-Apr-OO EMERGENCY AUTOMOTIVE TECH INC 1,705.92 SQUAD 187 CHANGEOVER 61228 21-Apr-OO EMERGENCY AUTOMOTIVE TECH INC 1,741.03 SQUAD 188 CHANGEOVER Totals Check Number 61228 EMERGENCY AUTOMOTIVE TECH INC 5,137.89 Check Number 61229 FEDEX 61229 21-Apr-OO FEDEX 16.66 PACKET TO FLINT Totals Check Number 61229 FEDEX 16.66 Check Number 61230 FORTIS BENEFITS 61230 21-Apr-OO FORTIS BENEFITS 799.48 MAY LTD Totals Check Number 61230 FORTIS BENEFITS 799.48 Check Number 61231 G 6 K SERVICES 61231 21-Apr-OO G 6 K SERVICES 43.08 MATS - ADM 61231 21-Apr-OO G & K SERVICES 43.08 MATS - CC 61231 21-Apr-OO G 6 K SERVICES 9.67 UNIFORM - STEFFENHAGEN 61231 21-Apr-OO G a K SERVICES 15.28 UNIFORM - RATHBLTI 61231 21-Apr-OO G 4 K SERVICES 74.86 UNIFORMS 61231 21-Apr-OO G 4 K SERVICES 35.25 SHOP TOWELS 61231 21-Apr-OO G 4 K SERVICES 74.23 UNIFORMS 61231 21-Apr-OO G 4 K SERVICES 35.25 SHOP TOWELS 61231 21-Apr-OO G 4 K SERVICES 9.67 UNIFORM - STEFFENHAGEN Totals Check Number 61231 G 4 K SERVICES 340.37 Check Number 61232 GENUINE PARTS CO. 61232 21-Apr-OO GEriUINE PARTS CO.6.38 HOSE 61232 21-Apr-OO GENUINE PARTS CO.4.05 BOTTLE 61232 21-Apr-OO GENUINE PARTS CO.6.05 FUNNELS. CONNECTRS 61232 21-Apr-OO GENTJINE PARTS CO.23.14 AIR FILTER 61232 21-Apr-OO GENUINE PARTS CO.91.75 SWTCH. ALARM, FILTER 61232 21-Apr-OO GENUINE PARTS CO.17.66 SWITCHES. FILTER 21 Apr 2000 Check Register Page 6 Fri 11:47 AM City of Orono Check Tramsaction Number Date Name Amount Coranents Check Number 61232 GENUINE PARTS CO. 61232 21-Apr-OO GENUINE PARTS CO.18.96 SPARK PLUGSS 61232 21-Apr-OO GENUINE PARTS CO.2.63 CLAMPS 61232 21-Apr-OO GENUINE PARTS CO.12.10 FILTER. TRANS FLD 61232 21-Apr-OO GENUINE PARTS CO.4.78 MISC SUPPLIES 61232 21-Apr-OO GENUINE PARTS CO.16.61 GREASE 61232 21-Apr-OO GENUINE PARTS CO.6.68 LIGHTS, FUEL FILTER Totals Check Number 61232 GENUINE PARTS CO Check Number 61233 GOPHER STATE ONE-CALL INC. 61233 61233 21-Apr-OO 21-Apr-OO GOPHER STATE ONE-CALL INC. GOPHER STATE ONE-CALL INC. Totals Check Number 61233 GOPHER STATE ONE-CALL INC. Check Number 61234 GOVERNMENT TRAINING SERVICE 61234 21-Arr-OO GOVERI^MEITT TRAINING SERVICE Totals Check Number 61234 GOVERNMENT TRAINING SERVICE Check Number 61235 GREEN PRO 61235 21-Apr-OO GREEN PRO Totals Check Number 61235 GREEN PRO Check Number 61236 HANSEN* STEVEIt C. 61236 21-Apr-OO HANSEN. STEVEN C. Totals Check Number 61236 HANSEN, STEVEN C. Check Number 61237 HASEMAN, CAROLE 61237 21-Apr-OO HASEMAi;,CAROLE Totals Check Number 61237 HASEMATJ. CAROLE Check Number 612 38 HEN^NEPIN COUNTY SHERIFF 61230 21-Apr-OO HENTJEPIN COUNTY SHERIFF Totals Check Number 61238 HENNEPIN COUNTY SHERIFF Check Number 61239 HENI^EPIN COUNTY TREAS. 61239 21-Apr-OO HENNEPIN COUNTY TREAS. 210.79 12.25 12.25 24.50 185.00 185.00 658.00 658.00 17.25 17.25 9.10 9.10 475.74 475.74 MARCH LOCATES MARCH LOCATES MCMA/MACA ANNUAL CONF FETILIZER MILEAGE - WATER SCHOOL MILEAGE ELECTION MTG BOOKING FEES 1/00 50.00 MU.'G LIST WEBER HILLS SWR 21 Apr 2000 Fri 11:47 AM Check Number Date Name Check Number 61239 HENNEPIN COUNTY TREAS. Totals Check Number 61239 HENNEPIN COUNTY TREAS Check Register City of Orono Page 7 Check Number 61241 61241 61241 IKON OFFICE SOLUTIONS 21-Apr-OO 21-Apr-OO IKON OFFICE SOLUTIONS IKON OFFICE SOLUTIONS Totals Check Number 61241 IKON OFFICE SOLUTIONS Check Number 61242 LAKE BUSINESS SUPPLY 61242 21-Apr-OO LAKE BUSINESS SUPPLY Totals Check Number 61242 LAKE BUSINESS SUPPLY Check Number 61243 M-R SIGN CO, INC 61243 21-Apr-OO M-R SIGN CO. INC Totals Check Number 61243 M-R SIGN CO, INC Check Number 61244 MCCOLLISTER B CO 61244 21-Apr-OO MCCOLLISTER & CO Totals Check Number 61244 MCCOLLISTER k CO Check Number 61245 MDS MATRX MEDICAL INC 61245 21-Apr-OO MDS MATRX MEDICAL INC Transaction Amount Comments 50.00 Check Number 61240 HINSHJkW &CULBERTSON 61240 21-Apr-OO HINSKAW k CULBERTSON 216.76 LEGAL APPLIC FEB 2000 61240 21-Apr-OO HINSHAW k CULBERTSON 50.00 HWY 12 RELIEF LS 61240 21-Apr-OO HINSHAW k CULBERTSON 1.90 MISC LEGAL FEB 2000 61240 21-Apr-OO HINSHAW k CULBERTSON 5.50 MISC LEGAL FEB 2000 61240 21-Apr-OO HINSHAW k CULBERTSON 55.00 GEN LEGAL FEB 2000 61240 21-Apr-OO HINSHAW k CULBERTSON 164.00 FERNDALE LIFT STATION 61240 21-Apr-OO HINSHAW fit CULBERTSON 220.90 GEN POLICE ADVICE 2/00 61240 21-Apr-OO HINSHAW fit CULBERTSON 1,101.00 COUNCIL MTGS FEB 2000 61240 21-Apr-OO HINSHAW fit CULBERTSON 110.00 WIRELESS TRANS AGREE/RCW 61240 21-Apr-OO HINSHAW fit CULBERTSON 0.507.77 LUZICH CLEAR CUT TREES 61240 21-Apr-OO HINSHAW fit CULBERTSON 207.24 HOYT RETAINING WALL 61240 21-Apr- 3 HINSHAW k CULBERTSON 121.00 HAhM SEWER PROJ 2/00 Totals Check Number 61240 HINSHAW k CULBERTSON 10,921.15 324.00 2.231.10 2.555.10 17.77 17.77 143.70 143.70 372.75 372.75 MAINTENANCE CONTRACT CANON 6330 COPIER OFFICE SUPPLIES SIGN PLATES. BRACKETS OIL. TRANSMISSION FLD 10.75 KY JELLY-DIFIBRLTRS 21 Apr 2000 Fri 11:47 AM Check Register City of Orono Page 8 Totals Check Number 61246 ^^DICA CHOICE Check Number 61247 MET COUNCIL ENVIRONMENTAL SVCS 61247 21-Apr-00 MET COUNCIL ENVIRON7<ENTAL SVCS Totals Check Number 61247 MET COUNCIL ENVIRONMEriTAL SVCS Check Number 61240 MINNEAPOLIS OXYGEN COMPANY 61248 61240 21-Apr-OO 21-Apr-OO MINNEAPOLIS OXYGEN COMPANY MINNEAPOLIS OXYGEN CCMPAN'f Totals Check Number 61248 MINNEAPOLIS OXYGEN COMPAirf Check Number 61249 MCR0WCZY::SKI, JIM 61249 21-Apr-OO MOROWCZYIJSKl. JIM Totals Check Number 61249 MOROWCZYNSKI. JIM Check Number 61250 MR AUGIES COFFEE SERVICE 61250 21-Apr-OO MR AUGIES COFFEE SERVICE Totals Check Number 61250 MR AUGIES COFFEE SERVICE Check Number 61251 MTI DIST CO. 61251 21-Apr-OO MTI DIST CO. Totals Check Nurrber 61251 MTI DIST CO. Check Transaction Number Date Name Amount Comments Check Number 61245 MDS MATRX MEDICAL INC 6124S 21-Apr-OO MDS MATRX MEDICAL INC '248.20 MEDICAL SUPPLIES Totals Check Number 61245 MDS MATRX MEDICAL INC 258.95 Check Number 61246 MEDICA CHOICE 61246 21-Apr-OO MEDICA CHOICE 202.23 MAY MEDICA ELECT 61246 21-Apr-OO MEDICA CHOICE 2.022.30 MAY MEDICA ELECT 61246 21-Apr-OO MEDICA CHOICE 202.23 MAY MEDICA ELECT 61246 21-Apr-OO MEDICA CHOICE 202.23 MAY MEDICA ELECT 61246 21-Apr-OO MEDICA CHOICE 202.23 MAY MEDICA ELECT 61246 21-Apr-OO MEDICA CHOICE 3,123.70 MAY MEDICA ELECT 61246 21-Apr-OO MEDICA CHOICE 202.22 MAY MEDICA LOW 61246 21-Apr-OO MEDICA CHOICE 404.44 MAY MEDICA LOW 61246 21-Apr-OO MEDICA CHOICE 558.62 MAY MEDICA LOW 7.120.20 19.956.00 19.956.00 4.50 31.50 36.00 43.81 43.01 49.50 49.50 200.00 200.00 WASTEWATER SERVICE 5/00 MEDICAL OXYGEN OXYGEN. ACETYLENE MI LEASE/.MEALS CHFS CONF COFFEE START WATER SYSTEM 21 Apr 2000 Check Register Page Fri 11:47 AM City of Orono Check Transaction Number Date Name Amount Comments Check Number 61254 NAVARRE HARDWARE 61254 21-Apr-OO NAVARRE HARDWARE 7.76 CABLE TIES 61254 21-Apr-OO NAVARRE HARDWARE 19.71 CLUB HOUSE SUPPLIES 61254 21-Apr-OO NAVARRE HARDWARE 2.53 KEY 61254 21-Apr-OO NAVARRE HARDWARE 2.53 SINGLE CUT KEY 61254 21-Apr-OO NAVARRE HARDWARE 4.47 MOTOR TUNE UP 61254 21-Apr-OO NAVARRE HARDWA.RE 3.40 ELBOW 612S4 21-Apr-OO NAVARRE HARDWARE 31.89 ICE MELT. OIL ABS 61254 21-Apr-OO NAVARRE HARDWARE 10.51 PRIMER 61254 21-Apr-OO NAVARRE HARDWARE 5.13 BULK NUTS 61254 21-Apr-OO NAVARRE HARDWARE 10.56 SCRAPPER. CLIP. BELT 61254 21-Apr-OO NAVARRE HARDWARE -3.10 RETURN CLIP 61254 21-Apr-OO NAVARRE HARDWARE 26.60 PICK HANDLE 61254 21-Apr-OO NAVARRE HARDWARE 15.96 CUTTERS 61254 21-Apr-OO NAVARRE hardware:29.81 PIPE WRENCH 61254 21-Apr-OO NAVARRE HARDWARE 56.32 MISC SUPPLIES 61254 21-Apr-OO NAVARRE HARDWARE 4.78 CAP 61254 21-Apr-OO NAVARRE HARDWARE 17.20 MORTAR MIX 61254 21-Apr-OO NAVARRE HARDWARE 2.65 CONTACT CEMENT 61254 21-Apr-OO NAVARRE HARDWARE 5.65 BATTERIES 61254 21-Apr-OO NAVARRE HARDWARE 1.49 BULK N-JTS. BOLTS 61254 21-Apr-OO NAVARRE HARDWARE 3.66 WASHER. GALV NIPPLE 61254 21-Apr-OO NAVARRE HARDWA-^8.50 LIGHT BULBS 61254 21-Apr-OO NAVARRE HARDWARE 17.40 BRUSHES, HARDENER. RESIN 61254 21-Apr-OO NAVARRE HARDWARE 21.49 TRBL LIGHT. PLUG. UNRCTNG 61254 21-Apr-OO NAVARRE HARDWA-E:15.63 CUP DISPENSER 61254 21-Apr-OO NAVARRE HARDWA-^3.18 EPOXY 61254 21-Apr-OO NAVARRE HARDWA-E 4.78 TRASH BAGS 61254 21-Apr-OO NAVARRE HARDWARE 5.31 FINISH 61254 21-Apr-OO NAVARRE HARDWARE 12.23 WOOD LATH. FLAG TAPE 61254 21-Apr-OO NAVARRE HARDWA-E 14.64 TAPE, CAULK 61254 21-Apr-OO NAVARRE HARDWA-E 57.42 BATTEIES. TRSH BAGS 61254 21-Apr-OO NAVARRE HARDWARE 8.50 SILICONE.PUTTY KNIFE Totals Check Number 61254 NAVARRE HARDWARE 427.72 Check Number 61255 NORTH MEMORIAL HEALTH CA?.I 61255 21-Apr-OO NORTH MEMORIAL HEALTH CARE 295.00 BLOODBORNE PATHOGEN TRNG Totals Check Number 61255 NORTH MEMORIAL HEALTH CARE 295.00 Check Number 61256 NSP 61256 21-Apr-OO NSP 533.49 ELECTRICAL SERVICE 61256 21-Apr-OO NSP 436.49 ELECTRICAL SERVICE 61256 21-Apr-OO NSP 141.83 ELECTRICAL SERVICE 21 Apr 2000 Fri 11:47 AM Check Register City of Oronc Page 10 Check Number Date Name Check Number 612S6 61256 61256 NSP 21-Apr-OO 21-Apr-OO NSP NSP Totals Check Number 61256 NSP Check Number 61257 OBERAIGNER. SCOTT 61257 21-Apr-OO OBERAIGNER, SCOTT Totals Check Number 61257 OBERAIGNER, SCOTT Check Number 61258 OLD DUTCH FOODS INC. 61258 21-Apr-OO OLD DUTCH FOODS INC. Totals Check Number 61258 OLD DUTCH POODS INC. Check Number 61259 ORONO CO^WUNITY EDUCATION 61259 21-Apr-OO ORONO COMMUNITY EDUCATION Totals Check Number 61259 ORONO COMMUNITY EDUCATION Check Number 61260 PALMER,GREG 61260 21-Apr-OO PALMER, GREG Totals Check Nuft^er 61260 PALMER, GREG Check Number 61261 PETTIT.SANDRA K. 61261 61261 21-Apr-OO 21-Apr-OO PETTIT. SANDRA K, PETTIT. SANDRA K. Totals Check Number 61261 PETTIT. SANDRA K. Transaction Amount 419.63 85.89 1,617.32 48.75 48.75 13.48 18.48 36.00 36.00 100.00 100.00 24.37 6.83 31.20 Comments ELECTRICAL SERVICE ELECTRICAL SERVICE MILEAGE - WATER SCHOOL CHIPS FOR RESALE COFFEE - HWY 12 MTG SAFETY SHOES - PALMER MILEAGE-BANYON WRKSHP MILEAGE REI.MBURSEMENT Check Number 61262 PIONEER 61262 21-Apr-OO PIONEER 67.41 APPLICATIONS 61262 21-Apr-OO PIONEER 45.25 APPLICATION 2567 61262 21-Apr-OO PIONEER 80.81 APPLICATION 2567 61262 21-Apr-OO PIONEER 142.32 ORDINANCE 195 61262 21-Apr-OO PIONEER 9.36 MEETING TIMS CHANGE 61262 21-Apr-OO PIONEER 71.76 APPLICATIONS 61262 21-Apr-OO PIONEER 134.82 COM INVESTMENT FUND 61262 21-Apr-OO PIONEER 58.04 AD FOR BIDS-2000 LS I 21 Apr 2000 Fri 11:47 AM Check Number Check Number 61262 61262 Check Register City of Orono Fag* 11 Date Name 61262 PIONEER 21-Apr-OO PIONEER 21-Apr-OO PIONEER Totals Check Number 61262 PIONEER Check Number 6126 3 POWERCLEAN COMPAN'/ INC. 61263 61263 21-Apr-OO 21-Apr-OO POWERCLEAN COMPANY INC POWERCLEAN COMPANY INC Totals Check Number 61263 POWERCLEAN COMPANY INC Check Number 61264 PRAIRIE OFFSET 61264 61264 21-Apr-OO 21-Apr-OO PRAIRIE OFFSET PRAIRIE OFFSET Totals Check Number 61264 PRAIRIE OFFSET Check Number 61265 PRECISION BUSINESS SYSTEMS 61265 21-Apr-OO PRECISION BUSINESS SYSTEMS Totals Check Number 61265 precision business systems Check Number 61266 PRECISION TURF 61266 21-Apr-OO PRECISION TURF Totals Check Number 61266 PRECISION TURF Check Number 61268 REED VENDING 61268 21-Apr-OO REED VENDING Totals Check Number 61268 reed vending Check Number 61269 RICKS SUPERVALUE 61269 21-Apr-OO RICKS SUPERVALUE Transaction Amount 73.02 48.68 731.47 800.98 978.99 1.779.97 226.61 390.73 617.34 369.32 369.32 670.95 670.95 Comments ASSMNT HRGS-WEBER HIllS AD FOR BIDS-WEBER HIILS 66.23 66.20 JANITORIAL SRVICE 3/:: JANITORIAL SRVICE 3/C: LETTERHEAD ENVELOPES REP WINDSHIELD-SWEEFE?. FUNGICIDE Check Number 61267 RATHBUN.BARRY 61267 21-Apr-OO RATHBUN. BARRY 48.75 MILEAGE - WATER SCKCCL 61267 21-Apr-OO RATHBUN. BARRY 20.50 DRIVERS LICENSE REI.TW7-J. Totals Check Number 61267 RATHBUN, BARRY 69.25 CONCESSION FOR RESALE 14.43 BAKERY GOODS 21 Apr 2000 Fri 11:47 AM Check Number Date Name Check Register City of Orono Transaction Amount Page 12 Comments Check Number 61269 61269 RICKS SUPERVALUE 21-Apr-00 RICKS SUPERVALUE Totals Check Number 61269 RICKS SUPERVALUE 28.88 43.28 PLATES.CAX£ Check Number 61270 61270 SEARS 21-Apr-OO SEARS Totals Check Number 61270 SEARS 95.82 95.82 KErJMORE UPRIGHT VAC Check Number 61271 61271 61271 SENSIBLE LAND USE COALITION 21-Apr-OO 21-Apr-OO Totals Check Number SENSIBLE LAND USE COALITION SENSIBLE LAND USE COALITION 61271 SENSIBLE LAND USE COALITION 15.00 15.00 30.00 SEMINAR - :-l->fN SEMINAR - IINTQUIST Check Number 61272 61272 ST JOHN THE BAPTIST CHINCH 21-Apr-OO Totals Check Number ST JOHN THE BAPTIST CHURCH 61272 ST JOHN THE BAPTIST CHURCH 50.00 50.00 IN MEMORY :? £ STRC.MMEN Check Number 61273 61273 61273 ST. CLOUD STATE UNIVERSITY 21-Apr-OO 21-Apr-OO Totals Check Number ST. CLOUD STATE UNI'/ERSITY ST. CLOUD STATE UlilVERSITY 61273 ST. CLOUD STATE UNIVERSITY 456.00 228.00 684.00 ADV DRIVING-CARLSO.N. PERSL ADV DRIVING-3CRIS Check Number 61274 61274 61274 61274 61274 61274 STREICHERS 21-Apr-OO 21-Apr-OO 21-Apr-OO 21-Apr-OO 21-Apr-OO STREICHERS STREICHERS STREICHERS STREICHERS STREICHERS Totals Check Number 61274 STREICHERS 211.94 549.95 32.52 29.77 -31.79 792.39 TRIGGER IZZ73 BALLISTIC TiST BATTERIES BATON HCICIR CREDIT-I?Ji:rANT Check Number 61275 61275 THCRPE DIST CO. 21-Apr-OO Totals Check Number THORPE DIST CO 61275 THORPE DIST CO 125.00 125.00 BEER FOR P-L5ALE Check Number 61276 TMB CONSULTING INC 61276 21-Apr-OO TMB CONSULTIIKS INC 641.96 NOVELL 5 SrS CLIENT LIC 21 Apr 2000 Frl 11:47 AM Check Number Check Register City of Orono Cdte Name Transaction Amount Page 13 Comments Check Number 61276 61276 61276 TMB CONSULTING INC 21-Apr-OO TMB CONSULTING INC 21-Apr-OO ' TMB CONSULTING INC Totals Check Number 61276 TMB CONSULTING INC 337.50 150.00 1,129.46 LEADERS MIGRATION MIGRATE PD TO NEW SERVER Check Number 61277 TOLL GAS & WELDING SUPPLY 61277 21-Apr-OO Totals Check Number TOLL GAS & WELDING SUPPLY 61277 TOLL GAS & WELDING SUPPLY 6.05 6.05 C/LINDER RENTAL Check Number 61278 612-3 TONKA SIGNCRAFTERS 21-Apr-OO Totals Check Number TONKA SIGNCRAFTERS 61278 TONKA SIGNCRAFTERS 308.85 308.85 SIGN - SAGA HILL PARK Check Number 61279 61279 61279 TRACY TRIPP FUELS 21-Apr-OO 21-Apr-OO Totals Check Number TRACY TRIPP FUELS TRACY TRIPP FUELS 61279 TRACY TRIPP FLTLS 1,789.62 726.15 2,515.77 1508 GAL UNLEADED 710 GAL DIESEL Check Number 61290 61230 UNIFORMS 21-Apr-OO UNLIMITED UNIFORMS UNLIMITED 612:0 Il-Apr-00 UNIFORMS UNLIMITED 61280 21-Apr-OO UNIFORMS UNLIMITED 61280 21-Apr-OO UN I FORMAS UNLIMITED 61280 21-Apr-OO UNIFORMS UNLIMITED 61290 21-Apr-OO Um FORMS UNLIMITED 61290 21-Apr-OO UNIFORMS UNLIMITED 61290 21-Apr-OO UNIFORMS UNLIMITED 61290 21-Apr-OO UNIFORMS UNLIMITED 612*30 21-Apr-OO UNIFORMS UNLIMITED 61230 21-Apr-OO UNIFORMS UNLIMITED 61280 21-Apr-OO UNIFORMS UNLIMITED Totals Check Number 61280 UNIFORMS UNLIMITED Check Number 61281 61281 61281 €1231 UIJUM LIFE INSURA.NCE - LIFE 21-Apr-OO 21-Apr-OO 21-Apr-00 UNUM LIFE INSUPA.SCE - LIFE UNUM LIFE INSURANCE - LIFE UNUM LIFE INSLTLANCE - LIFE 80.90 SHIRTS -WITTKE -45.95 RETXmN -WITTKE 7.84 NAME BAR - JENSEN 90.10 SHIRTS -SCHOENHOFF -10.00 CREDIT -SCHOENHOFF 80.10 SHIRTS -TOMCZAK 40.05 SHIRT - TCMCZAK 9.67 UNIFORM -• STEFFENHA( 72.04 UNIFORMS 15.28 UNIFORM •• RATHBUN 27.95 SLACKS -CHESWICK 49.90 SHIRTS -CHESWICK 417.88 1.40 NOVEMBER LIFE PREM 2.80 NOVEMBER LIFE PREM 425.40 NOVEMBER LIFE PREM 21 Apr 2000 Check Register Page Fri 11:47 AM City of Orono Check Transaction * Number Date Name Amount Comments Check Number 61281 UNUM: LIFE INSURANCE - LIFE 61281 21-Apr-OO UNUM LIFE INSURANCE - LIFE 1.40 DECEMBER LIFE PREM 61281 21-Apr-OO UNUM LIFE INSURANCE - LIFE 2.30 DECEMBER LIFE PREM 612S1 21-Apr-OO UNUM LIFE INSURANCE - LIFE 56.CO DECEMBER LIFE PREM 61281 21-Apr-OC UinW LIFE INSURANCE - LIFE 369.40 DECEMBER LIFE Totals Check Number 61281 LIFE INSURANCE - LIFE 859.20 Check Number 61282 I LIFE INSL-RAIiCE • AD & D 61282 21-Apr-OO UNUM LIFE INSURANCE - AD 6 D C .30 DECEMBER 99 AD & D 61282 21-Apr-OO UNUM LIFE INSURANCE - AD k D 0.60 DECEMBER 99 AD & D 61282 21-Apr-OO UNUM LIFE INSURANCE - AD k D 98.10 DECEMBER 99 AD & D 61282 21-Apr-OO U?RM LIFE INSURANCE - AD k D 0.33 NOVEMBER 99 AD & D 61282 21-Apr-OO UJR.-M LIFE INSURANCE - AD k D 0.60 NOVEMBER 99 AD t D 61282 21-Apr-OO UNUM LIFE INSURAIiCE - AD k D 99.10 NOVEMBER 99 AD & D Totals Check Number 61282 UNUM LIFE INSURANCE - AD &D 198.:o Check Number 61283 US WEST CCMMUTa CAT IONS 61283 21-Apr-OO US WEST COMMUNICATIONS 573.10 PHONE SERVICE 61283 21-Apr-OO US WEST COMMUNICATIONS 19.10 PHONE SERVICE 61283 21-Apr-OO US WEST COMMUNICATIONS 44.57 PHONE SERVICE 61283 21-Apr-OO US WEST COMMUNICATIONS 119.20 PHONE SERVICE Totals Check Number 61283 US WEST CCMT-rjNICATIONS 754.97 Check Number 61284 US WEST INTERPRISE 61284 21-Apr-OO US WEST IITERPRISE 361.05 T1 LINE Totals Check Number 61294 US WEST INTERPRISE 361.05 Check Number 61285 VILLAGE CHE’/ROLET 6128S 21-Apr-OO VILLAGE CHE'/ROLET 29.27 PUMP 8431 61285 21-Apr-OO VILLAGE CHE'/ROLET 18.46 SEAL/GASKET 61285 21-Apr-OO VILLAGE CHEVROLET 100.96 BEARING. ASSBLY 61285 21-Apr-OO VILLAGE CHE'/ROLET 4.07 WASHER Totals Check Number 61285 VILLAGE CHE*/R0LET 151.66 Check Number 61286 WA?L;ING LITES OF 61286 21-Apr-OO WARNING LITES OF m 96.00 TRAFFIC CONTROL SE.MINAR Totals Check Nun\ber 61296 WARNING LITES OF KTi 96.00 21 Apr 2000 Fri 11:47 AM Check Register City of Orono 15 Check Number Date Name Transaction Amount Comments Check Number 61287 61287 61287 61287 WIDMER INC 21-Apr-OO WIDMER INC 21-Apr-OO WIDMER INC 21-Apr-OO WIDMER INC Totals Check Number 61287 WIDMER INC 3.135.00 770.00 935.00 4.840.00 ORONO ORCH SWR RFP US MAIN BRK-CTY 19 & MPl aTG RPR MAIN AT LS 19 Grand Total 86,625.01 19 Apr 2000 Wed 11:36 AM Check Register City of Orono Page 1 Check Number Employee Name Check Number 047447 047447 JOHNSON. MARY ANN Totals Check Number 047447 Check Number 047448 047443 BERRY. HEIDI N. Totals Check Number 047448 Check Number 047449 047449 HASEMAN. CAROLE A. Totals Check Number 047449 Check Number 047450 047450 MOORSE. RONALD J. Totals Chsck Number 047450 Check Number 047451 047451 VEE. LINDA S. Totals Check Number 047451 Check Number 047452 047452 KUEHN, THOMAS M. Totals Check Number 047452 Check Number 047453 047453 OLSON. RONALD J. Totals Check Number 047453 Check Number 047454 047454 PETTIT, SANDRA K. Totals Check Number 047454 Check Number 047455 Check Date 19-Apr-OO 19-Apr-OO 19-Apr-OO 19-Apr-OO 19-Apr-OO Check Amount 610.54 610.54 705.96 705.96 934.40 934.40 1.654.78 1.654.78 1.158.59 1.158.59 a-- 19 Apr 2000 Wed 11:36 AM Check Number Employee Name Check Number 047455 047455 ANDERSON, BRUCE L Totals Check Number 047455 Check Number 047456 Check Register City of Orono Page 2 Check Date 19-Apr-OO Check Amount 338.10 330.10 047456 BOBZIEN, SUE A. Totals Check Number 047456 19-Apr-OO 660.02 660.02 Check Number 047457 047457 BORIS, SCOTT W. Totals Check Number 047457 Check Number 047458 19-Apr-OO 1,018.50 1,018.58 047458 BUDIG, STACIE M. Totals Check Number 047450 19-Apr-OO 671.30 671.30 Check Number 047459 047459 CARLSON, MICHAEL B. Totals Check Number 047459 19-Apr-OO 382.34 382.34 Check Number 047460 047460 CHESWICK, GARY B. Totals Check Numbe.- 047460 19-Apr-OO 1.548.37 1.540.37 Check Number 047461 047461 CCRNICK, JAMiS L. Totals Check Number 047461 19-A=r-00 1,646.00 1,646.00 Check Number 047462 047462 DEMBOUSKI, JAY Totals Check NumJ *1 v4 462 19-Apr-00 1,373.60 1,373.60 Check Number 047463 047463 ERICKSON, KURT R 19-Apr-OO 1.276.41 19 Apr 2000 Wed 11:36 AM Check Number Employee Name Check Number 047463 Totals Check Number 047463 Check Number 047464 047464 FARNIOK, CORREY L. Totals Check Number 047464 Check Number 047465 047465 FISCHENICH, DAN T. Totals Check Number 047465 Check Number 047466 047466 FISCHER, CHRISTOPHER K Totals Check Number 047466 Check Number 047467 047467 JOHNSON. JEFFREY Totals Check Number 047467 Check Number 047460 047468 JOHNSON, BRADLEY P. Totals Check Number '>47469 Check Number 047469 047469 MADSON, ADRIENNE M. Totals Check Number 047469 Check Register City of Orcno Page 3 Check Number 047470 047470 MCNALLY. STEVEN A. Totals Check Number 047470 Check Number 047471 Check Date 19-Apr-OO 19-Apr-OO 19-Apr-OO 19-Apr-OO 19-Apr-OO 19-Apr-OO 19-Apr-OO Check Amount 1,276.41 1,919.33 1,919.33 1,301.95 1,301.95 1,151.46 1,151.46 903.01 903.01 1,376.00 1,376.00 625.59 625.59 1,232.82 1,232.82 047471 MCNICHOLS, DAVID L.19-Apr-OO SS5.53 19 Apr 2000 Wed 11:36 AM Check Register City of Orono Check Number Employee Name Check Number 047471 Totals Check Number 047471 Check Number 047472 047472 MOROWCZYNSKI, JAMES Totals Check Number 047472 Check Number 047473 047473 PERSELL, WILLIAM R. Totals Check Number 047473 Check Number 047474 047474 SCHOENHOFF, JOHN B. Totals Check Number 047474 Check Number 047475 047475 TOMCHECK, LAWRENCE F. Totals Check Number 047475 Check Number 047476 047476 TOMCZYK, MARK W. Totals Check Number 047476 Check Number 047477 047477 WITTKE, ANTHONY A. Totals Che^k Number 047477 Check Number 047478 047478 HENDRICKS, RONALD J. Totals Check Number 047478 Check Number 047479 047479 JENSEN, CHRISTOPHER E. Totals Check Number 047479 Check Date 19-Apr-OO 19-Apr-OO 19-Apr-OO 19-Apr>00 19-Apr-OO 19-Apr-OO 19-Apr-OO 19-Apr-OO Page 4 Check Amount 555.53 1,639.80 1,639.80 191.71 191.71 1,303.80 1,303.80 678.85 678.85 1,284.23 1,284.23 832.03 832.03 572.82 572.02 260.52 260.52 .1 J*f I -frt—ir-TT-•*—r-- 19 Apr 2000 Wed 11:36 AM Check Register City of Orono Check Number Employee Name Check Number 047479 Check Number 047480 047480 BOTTENBERG, WENDY C. Totals Check Number 047480 Check Number 047481 047481 DAVIS, MARK L. Totals Check Number 047481 Check Number 047482 047482 GAFFRON, MICHAEL P. Totals Check Number 047482 Check Number 047483 047483 GAPPA, GREGORY A. Totals Check Number 047483 Check Number 047484 047484 MEYER, WILLIAM C. Totals Check Number 047484 Check Number 047485 0474 95 Ol-IAN, LYLE E Totals Check Number 047485 Check Number 047486 047496 PENCE. CHRISTOPHER M. Totals Check Number 047486 Check Number 047487 047497 WEINBERGER, PAUL E. Totals Check Number 047497 Check Date 19-Apr-OO 19-Apr-OO 19-Apr-OO 19-Apr-OO 19-Apr-OO 19-Apr-OO 19-Apr-OO 19-Apr-OO Page 5 Check Amount 828.47 828.47 1,081.98 1,081.98 1,171.33 1,171.33 1,636.84 1,636.84 456.83 456.83 476.82 476.82 873.37 873.37 1,183.11 1,183.11 4 1.^-.ri^A>Trirr^>‘ 19 Apr 2000 Wed 11:36 AM Check Number Employee Name Check Number 047408 047480 BRINKHAUS, JOHN F. Totals Check Hunger 047490 Check Register City of Orono Page 6 Ciieck Date 19-Apr-OO Check Amount 1,065.67 1,065.67 Check Number 047409 047489 DEBAERE, DONALD L. Totals Check Number 047489 19-Apr-OO 1,075.15 1,075.15 Check Number 047490 047490 GREGORY, JAMES D. Totals Check Number 047490 19-Apr-OO 607.93 607.93 Check Number C47491 047491 HANSEN, STEVEN Totals Check Number 047491 19-Apr-OO 896.36 896.36 Check Number 047492 047492 OBERAIGNER, SCOTT G.19-Apr-OO 539.09 Totals C.ieck Number 047492 539.09 Check Numbe’047493 047493 OBRIEN, RANDY L.19-Apr-OO 290.23 Totals Check Number 047493 290.73 Check Number 0474S4 047494 PALMER, GREGORY A.19-Apr-OO 942.69 Totals Check Number 047494 942.69 Check Number 047495 047495 RATHBUN, BARRY J.19-Apr-OO 970.14 Totals Check Number 047495 970.14 Check Number 047496 047496 SKREEN, DALE S.19-Apr-OO 732.88 19 Apr 2000 Wed 11:36 AM Check Number Employee Name Check Number 047496 Totals Check Number 047496 Check Number 047497 047497 ABRAHAMSON, FRED W. Totals Check Number 047497 Check Number 047498 047498 PEICHERT, GARY J. Totals Check Number 047498 Check Number 047499 047499 PETERSON, JACK W Totals Check Number 047499 Check Number 047500 047500 ROSS, JOHN A. Totals Check Number 047500 Check Number 047501 047501 STEFFENHAGEN, RONALD E Totals Check Number 047501 Check Register City of Orono Page 7 Grand Total Check Date 19-Apr-OO 19-Apr-OO 19-Apr-OO 19-Apr-OO 19-Apr-OO Check Amount 732.88 147.00 147.00 117.64 117.64 237.49 237.49 109.17 109.17 1,178.09 1,178.09 48,233.72 o "X oW, *•'•vC >i Ji' GITYofORONO Municipal Offices ^es»o^ Street AddreiS: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323 0066 Date: To: From: April 24, 2000 Ron Morse and Orono City Council Bill Meyer, Fire Marshal, Orono This letter is to update the City on fire inspections and duties completed through April 15, 2000. Enclosed is a list of occupancies that have been inspected throughout the last year. My inspections are finding many more code violations than originally predicted. I have found many problems with missing fire extinguishers, non-functioning fire alarm and fire sprinkler systems. Most of these problems can be directly linked to maintenance of the system. The original installation of the systems appears to be adequate but maintenance is very lax. My inspections also are finding many problems involved with storage of combustible materials Mechanical rooms are used quite frequently as storage rooms, which is not allowed by the fire code. Other than problems with one marina, owners and management arc very cooperative toward solving fire code issues with their buildings. At my inspection on April 5, 2000, of the Washington Scientific building, all hazardous material involved with their business has been removed The building is constructed with noncombustible materials, is empty and poses little fire hazard The sprinkler and fire alarm system installed throughout the building will continue to be monitored until the building is sold My upcoming inspections will get into the warehouse storage occupancies throughout the City of Orono. Remodeling projects also will be starting at the existing Orono High School. Respectfully, WCMblm Enclosure Telephone (612) 249-4600 • Fax (612) 249-4616 Orono Inspections Marina*s North Shore Marina 3222 North Shore Drive Sailors World 1955 Shoreline Drive Kings Cove 1449 Shoreline Drive Windward Marine 1444 Shoreline Drive Wayzata Marine (Previously Lakeside Marina)3324 North Shore Drive Educational - Day Care's Little Acorns Childcare 3800 West Wayzata Blvd New Horizon Childcare 875 West Wayzata Blvd. Trinity Lutheran Pre-School 2060 6th Avenue North Orono School District #278 685 North Crystal Bay Road Commercial Service 800 Building 2190 West Wayzata Blvd. Orono Self - Service 2160 West Wayzata Blvd. Otten Bros. Nursery + Landscaping 2350 West Wayzata Blvd Washington Scientific Industries Inc.2605 West Wayzata Blvd. Jimmy's Lounge 3380 Shoreline Drive Rick's Super Value 3333 Shoreline Drive Spring Hill Golf Club 700 Spring Hill Road Spring Hill Golf (maintenance building)1050 Tamarack Drive Woodhill Country Club (maintti.dnce building only)200 Woodhill Road Wayzata Country Club (maintenance building only)00 West V* ayzata Blvd.