Loading...
HomeMy WebLinkAbout05-08-2000 Council PacketPublic A ttendance Meeting D ate 5- □□□ C ouncil Planning C ommission Park C ommission Other ;■ TO requested below for our city records iv-, yyy. •., NAME (please print) T ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 0 i: 2. 3 4 —-0/-SS liills r 1L t1 I / ko yiv'uL y\j^. ~y 5.lM±iL£a_ / 7j y //<■' / • /C’ ) S l\i*' 11 ho/ 1 . / -----------------------------------—------- ? 7 w (jf.yz A. C^ _ K-^l 1 a ) V/^/yjT^f\xjv A^ ___________:L-v'rVvt.^ 17 //^i UT rTi ^ ^ T(fU I lT a i .VO L M ^ f^O i&L^C- 13.. 14. 15.. m\39SA COliNCIL MEETING MAY 0 8 2000 REQUEST FOR COUNCIL ACTION Ui I r ur uh Ono DATE: May 8, 2000 ITEM NO.: / Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Assessment Hearing for Weber Hills Sanitary Sewer Project Assessment Hearing The assessment hearing is the next step in the approval process. A pressure sewer system will be installed which means all of the property owners will be lesponsible for the purchase, installation and maintenance of their own residential grinder pump station. The proposed project assessment is $9,500 for installation of sewer to the property line for each parcel in the project. The property owners may also choose to add a $5,000 allowance to their assessment for the purchase and installation of their grinder pump station. For this option, the City will issue a $5,000 check to the property owner then include this amount in their assessment. The total assessment, with the grinder pump allowance, would be $14,500. This amount is less than the $15,500 amount that was listed in the assessment hearing notice. In order to be eligible to file an assessment appeal, the property ov/ner must submit a written objection to the assessment either before, or at, the assessment hearing. Submission of a written objection to the assessment allows the property owner to file a formal assessment appeal within 30 days of the assessment hearing. Several property owners, with conforming mound septic systems, have contacted us with concerns about this project. The current City policy allows for property owners with conforming septic systems to request "exclusion" from the project assessment. Continued use of the septic system is allowed as long as the system remains conforming to the septic regulations. In the event the system becomes nonconforming to any future septic regulations, connection to the sewer will be required at that time. Major repairs or enlargement of the septic system are not allowed and will require connection to sewer. Payment of a connection fee is required before connection to the sewer can be completed. This connection fee will be the $9,500 project assessment plus an annual cost of living increase. This connection fee is adjusted annually in the City ’s fee schedule. We have received a letter from one of the property owners, with a new conforming mound system, requesting exclusion from the annual cost of living increases in the connection fee. This issue will be raised, at the assessment hearing , by the property owners with new conforming septic systems. nr|rrT~~ - n~ I ir rfci i mw i mii tiaai i aiui i Connection charges is only to reflect what the actual cost would be if this project was built at some point in the future. It is not a "penalty". If some homeowners hook up in 10 years at the 2000 connection charge amount, they would be paying a substantially lower cost by paying the 2000 connection charge with year 2010 dollars. This would be unfair to all those who are paying the full cost now. Staff recommends against eliminating the cost-of-living increase. Award of Contract The bid opening for this project was held on April 5th. A total of four bids were received. We have no previous work experience with the lowest bidder, Earth Burners of Duluth. Because of no previous experience with the lowest bidder, and lack of time to verify references before scheduling of the assessment hearing; the estimated assessment was based on the second lowest bid received. I have completed a reference check for this company and received favorable responses, so we are recommending award of the contract to Earth Burners. Since the assessment, listed in the hearing notice, was based on the second lowest bid; the total assessment, including the grinder pump allowance, can be reduced from $15,500 to $14,500. The two properties on South Brown Road that were added to the project, will be assessed $9,500, plus the costs for additional sewer to reach their properties, and an additional $5,000 for a grinder pump allowance if desired. The maximum assessment for these two properties, including the grinder pump allowance, will be $23,700 per unit. After construction is complete, and final costs are known the actual assessment can still be adjusted downward, in a revised assessment roll, before submission to Hennepin County in December. This assessment roll lists an 8% interest rate, past practice has been to lower the interest rate dependant on the interest rate received on the project bonds. Eight percent is the maximum interest rate that can be charged. The actual interest rate on recently completed projects has been 6.25%. Unless a large number of assessment appeal notices are received, we are recommending Council approval of the attached resolutions to adopt the assessment roll and award the contract for this project to Earth Burners Inc. Duluth Minnesota in the amount of $215,120. COUNCIL ACTION REQUESTED; Motion to approve resolution adopting the assessment roll for the Weber Hills Sanitary Sewer Project. Motion to approve resolution awarding the contract for the Weber Hills Sanitary Sewer Project to Earth Burners Inc., Duluth Minnesota in the amount of $215,120. f ! . - vT.TV.'u D 0 '}w •• • ,* 'Jll . •-.- w.*v..^o May 4,2000 To Those It May Concern: Re: Assessment Hearing for Webber Hills Sanitary Sewer Project When purchasing our home at 2000 Webber Hills Road in August 1993 we were told by Steve Weckman that our septic system was functioning properly but was non- conforming, despite the fact that he admitted not being able to find our existing system. The purchase order was written to include the cost of a new septic system in the purchase price to spread the payments over the course of the mortgage. However, Steve would not allow the new septic to be installed at the time of closing. In order to complete the purchase we were then required to escrow 1 'A times the high bid estimate (in a non-interest bearing escrow account). We addressed City Council shortly after closing on our home to confirm tha» sewer was not a consideration for the Webber Hills area. Being unfamiliar with meeting procedure we did not ask that the mayor ’s assurances (that sewer would not be seriously considered for Webber Hills for at least 15 years) be formally entered into the record. In the summer of 1994, prior to installing the new septic system, we contacted city officials again to verify that Webber Hills was not a priority sewer site. Again we were told that we would get at least 15 years of usage out of our new septic system as sewer was not even being considered for Webber Hills. Despite the moratorium on the required installation of tagged septic systems, we installed our new septic system because the city ’s decision had tied up 518,000 in an escrow account. In 1995, much to our surprise, a neighborhood meeting was called to discuss sewer possibility. Mike Gaffron told us that 100% neighborhood support was required to move the sewer project forward. Otherwise there would be no sewer for Webber Hills. We (and others) went on record opposing sewer. All indications were that sewer in Webber Hills was no longer under consideration. In November 1996 the MUSA boundar>' was approved and Webber Hills became a sewer priority for 1998-1999 despite significant neighborhood opposition. 1 4 » . j i 0 5 2000 Cl I Y Cr CriCi\'0 May 4,2000 Webber Hills Sewer Project O’Meara Page Two We will now be assessed for the cost of the new sewer and be required to pay the cost of the hookup. Although the hookup is not required now, it will be required prior to selling our property. We will hookup now but are requesting that the city assess us interest-free for the new sewer system based on our continued payments on an obselete but new septic system. In our discussions with city officials, including council members, Mike Gaffron, Greg Grappa and Steve Weckman, all agree that our case was mishandled by the city of Orono, in part due to lack of foresight, unclear definition of requirements for existing septic systems and indecision regarding our specific situation. A correct decision at that time could have saved us $12,000 plus a year ’s worth of interest on $18,000. We will now be paying for both a sewer and septic system simultaneously. We are asking the city to make a good faith gesture now by making our sewer assessment interest- free. We appreciate, in advance, your assistance in this matter. We will be present at the upcoming assessment hearing if there are any questions. Sincerely, William T. O’Meara <• /• Mary M. O’Meara 2000 Webber Hills Road 952-476-1085 April 25,2000 To Those It May Concern: Re: Assessment Hearing for Webber Hills Sanitary Sewer Project In the event that sewer is voted in for the Webber Hills area, I am requesting for those properties that have conforming, compliant mound systems that they not be required to pay annual cost of living increases on the assessed amount if choosing initial exclusion from the project. There are only S or 6 properties of the total 39 that would meet the above criteria. The reasons for requesting that cost of living increases not be added are as follows: 1) The property owners that put in mound systems did so at substantial expense. They did this in good faith and at the direction of the city. I think it only fair that the city recognize the policy inconsistencies that led to these mounds being put in by allowing owners to opt out of the cost of living penalty for not immediately hooking up. 2) A compliant, conforming mound system is at least as good and probably better than sewer at returning household waste to the ground in an environmentally safe manner. Allowing people to hook up at their discretion without cost of living penalty utilizes the working life span of the mound (most of which are newer) without additionally burdening sewage treatment plants. 3) Sewer hook-up is a required fact for new financing on a property. Tiie financial burden to a homeowner with a mound would be easier borne with proceeds from a house closing rather than having to pay an assessment + cost of IKing over several years. This would help to ease the pain for mound owners of having to double-pay for the same improvement, neither of which adds to market value. Most of the properties will sell within 10 years. 4) The financial impact to the city would be relatively minimal since only the 5 or 6 properties are involved. 1 hope you will take the above under consideration. I will be present at the upcoming assessment hearing if there are any quesiic 'rs. ^----Dav^Williams U 2055 Webber Hills Road 952-476-1093 A RESOLUTION ADOPTING THE WEBBER HILLS AREA SANITARY SEWER ASSESSMENT ROLL WHEREAS) pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of sanitary sewer in the Webber Hills area. Minnesota: NOW, THEREFORE, BE IT RESOLVED, by the City Council of Orono, 1. 2. 3. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January 2001 and shall bear interest at the rate of 8% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31,2000. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he may, at anytime thereafter, pay to the City Treasurer the entire amount of th“ assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. Partial prepayment may be allowed in accordance with ordinances which are existing or which the City may choose to adopt in the future. Page 1 of 2 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of Orono this 9th day of May, 2000. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk Page 2 of 2 Assessment Roll for Webber Hills Sanitary Sewer Improvement 03-May-00 Municipality: ORONO Levy Number: Total Project Assessment: $583,900.00 Municipal Code: 38 Project Number: 2000-1 Levy Description: Webber Hills Area Sanitary Sewer Project Number of Years Payable: 15Interest Rate: 8% Total Principal includes a $5,000.00 Grinder Pump allowance PID#Addition Code Total Principal Lot Block Name Street # Property Address Mailing Street Address Mailing City Address Units 03-117-23 33 0002 43570 $14,500.00 001 001 Alvin W. Landberg Jr.2325 Fox Street P.O. Box 8 I Long Lake, MN 55356 03-117-23 33 0003 43570 $14,500.00 002 001 Dennis & Karen Pederson 2285 Webber Hills Road 2285 Webber Hills Rd 1 Way2ata, MN 55391 03-117-23 33 0004 43570 $14,500.00 003 001 Byron & Theresa Johnson 2275 Webber Hills Road 2275 Webber Hills Rd 1 Wayzata, MN 55391 03-117-23 33 0005 43570 $14,500.00 004 001 Steven Personius 2265 Webber Hills Road 2265 Webber Hills Rd 1 Wayzata, MN 55391 • 03-117-23 33 0006 43570 $14,500.00 on 001 Robert & Caroline 740 Willow Drive South 740 Willow Dr. S 1 Fullerton Wayzata, Mb 55391 03-117-23 33 0007 43570 $14,500.00 012 001 Norman Theiste 680 Willow Drive South 680 Willow Dr. S 1 Wayzata, MN 55391 03-117-23 34 0001 41303 $14,500.00na na Charles Peterson 775 Brown Road South 775 Brown Road S 1 Wayzata, MN 55391 03-117-23 34 0002 43570 $14,500.00 005 001 Margaret Germundsen 2185 Webber Hills Road 2185 Webber Hills Rd I Wayzata, MN 55391 I 1 ii»'ii riMr I'ni ' " • a PID#Addition Code Total Principal Lot Block Name Street Property Address n Mailing Street Address Mailing City Address Units 03-117-23 34 0003 43570 $14,500.00 006 001 Richard & Mari La Pean 2175 Webber Hills Road 2175 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0004 43570 $14,500.00 007 001 Craig & Sandra Baker 2135 Shevlin Drive 2135 Shevlin Dr Wayzata, MN 55391 1 03-117-23 j4 0005 43570 $14,500.00 008 001 J. Daniels 2145 Shevlin Drive 2145 Shevlin Dr Wayzata, MN 55391 1 03-117-23 34 0006 43570 $14,500.00 009 001 Jerome & Judy Paulson 2155 Shevlin Drive 2155 Shevlin Dr Wayzata, MN 55391 1 03-117-23 34 0007 43570 $14,500.00 010 001 K. Rakos & M. Gustafson 2175 Shevlin Drive 2175 Shevlin Dr Wayzata, MN 55391 1 03-117-23 34 0008 43570 $14,500.00 001 002 Edwin Ritchie Jr.2180 Webber Hills Road 2180 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0009 43570 $14,500.00 002 002 Sara Moos 2160 Webber Hills Road 2160 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0010 43570 $14,500.00 003 002 S. & M. Johnson 2120 Webber Hills Road 2120 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0011 43570 $'.4,500.00 004 002 Lester Uccmink 2110 Webber Hills Road 2110 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0012 43570 $14,500.00 005 002 Paula & Geoffrey Jillsoii 2100 Webber Hills Road 2100 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0013 43570 $14,500.00 006 002 Kevin Krueger 2090 Webber Hills Road 2090 Webber Hills Rd Wayzata, MN 55391 1 Total Principal includes a $5,000.00 Grinder Pump allowance PID#Addition Code Total Principal Lot Block Name Street it Property Address Mailing Street Address Mailing City Address Units 03-117-23 34 0014 43570 $14,500.00 007 002 James & Susan Houg 2080 Webber Hills Road 2080 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0015 43570 $14,500.00 008 002 Kerry Ignatius 2060 Webber Hills Road 2060 Webber Hills Rd Wayzata, MN 55391 I 03-117-23 34 0016 43570 $14,500.00 009 002 Carl Riley 2040 Webber Hills Road 2040 N^'ebber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0017 43570 $14,500.00 010 002 William & Mary Omeara 2000 Webber Hills Road 2150 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0018 43570 $14,500.00 001 003 Robert & Julie Wiens 2170 Shevlin Drive 2170 Shevlin Dr Wayzata, MN 55391 1 03-117-23 34 0019 43570 $14,500.00 002 003 Frank & Jennifer Larson 2160 Slievlin Drive 2160 Shevlin Dr Wayzata, MN 55391 1 03-117-23 34 0020 43570 $14,500.00 003 003 Jetsc & Ursula Pottinga 2150 Shevlin Drive 2150 Shevlin Dr Wayzata, MN 55391 1 03-117-23 34 0021 43570 $14,500.00 004 003 John Sagehom 2160 Webber Hills Road 2160 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0022 43570 $14,500.00 005 003 David & Ann Wyer 2130 Shevlin Drive 2130 Shevlin Dr Wayzata, MN 55391 1 03-117-23 34 0023 43570 $14,500.00 006 003 Jack & Julie Hawes 2095 Webber Hills Road 2095 Webber Hills Rd Wayzata, MN 55391 I 03-117-23 34 0024 13570 $14,500.00 007 003 L. L. &. P. R. Butterfield 2085 Webber Hills Road 2085 Webber Hills Rd Wayzata, MN 55391 1 TotMl Principal includes a $5,000.00 Grinder Pump allowance 1 PID8 Addition Code Total Principal Lot Block Name Street n Property Address Mailing Street Address Mailing City Address Units 03-117-23 34 0025 43570 $14,500.00 008 003 Jeanne Cashmore 2075 Webber Hills Road 2075 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0026 43570 $14,500.00 009 003 P. & V. Lytle 2065 Webber Hills Road 2065 Webber Hills Rd Wayzata, MN 55391 03-117-23 34 0027 43570 $14,500.00 010 003 David Williams 2055 Webber Hills Road 2055 Webber Hills Rd Wayzata, ?*1N 55391 1 03-117-23 34 0028 43570 $14,500.00 0\\003 E. Volden & C. Ducharme 2025 Webber Hills Road 2025 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0029 43570 $14,500.00 012 003 Richard Pula 2015 Webber Hills Road 2015 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 43 0003 41303 $23,700.00 na na Michael Ott 680 Drown Road South 680 Brown Rd. S Wayzata, MN 55391 1 03-117-23 43 0005 41303 $23,700.00 na na Ruth Anne Vickerman 800 Brown Road South 800 Brown Rd. S Wayzata, MN 55391 1 10-117-23 22 0001 43570 $14,500.00 na na Phyllis Fadden 825 Willow Drive South 825 Willow Dr. S Wayzata, MN 55391 I 10-117-23 220002 41310 $14,500.00 na na Gilbert Anderson 845 Willow Drive South 845 Willow Dr. S Wayzata, MN 55391 1 583,900.00 Total Principal includes a $5,000.00 Grinder Pump aiUmance A RESOLUTION AWARDING THE CONTRACT FOR THE INSTALLATION OF SANITARY SEWER IMPROVEMENTS IN THE WEBBER HILLS AREA WHEREAS, pursuant to an advertisement for bids for the installation of sanitary sewer improvements in the Webber Hills improvement area, bids were received, opened and tabulated according to law; and WHEREAS, it appears that Earth Burners Inc, Duluth, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: 1.The Mayor and Clerk are hereby authorized and directed to enter into a construction contract with Earth Burners Inc, Duluth, Minnesota, in the name of the City of Orono for the installation of sanitary sewer improvements in the Webber Hills area according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk in the amount of $215,120.00. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Orono City Council at a regular Council meeting held on May 8, 2000. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Page 1 of 1 ft •. -3L3.T/. i ^ti*in^fiir<i \rji i • t ^ 05 /OA/00 10:140:02/04 NO: 962 ^ J Bonestroo l^osene mPH Anderlik & Associates Engineers & Architects Andtrilh Aiieclitti. Inc. I| «n Actlen/f^yal Opportunity Cmpleyvr and tmpjoyco Owned ii •i: ^rirKipili; Otto Cj Boncitroo. PE. • Marvin L. Sorvjia. PE. • Oienn fl. Coot. PC. • PoPcn a Scnunicnt. PE • Jerry a. fourdon. PE. i.* Sonior Confurtonri! oobort W Oec*n« PE • Jocapn C AndorUt. pb • Ptchjrd u Tun^m*. PC. • Suian M Boenin. c pa. n AitaclM* Prlncl^«lA. I IO»v«rd A. Sanrord. PC • Kviin A. Co'Jdn, rc • Rwtiari P rtmlfwiir. Pf • Hienorj W Poster. PE. e oavid O. LoiKoiil Pt t PoOcn C. Russet. Al.A. • M^k A. il^niun. PP • MicPac* T Rautmann. PE • Tbd K Field. PE • Ktnnem P Anderson. PC • Mart R Roif<. PC. • Uavid A Bonoitroo. M O.A • Sidney P wiftiamson. PE.. I S. > Agnes M. Ring. M.O.A. t Allan Rirk nrhmint. oaricee. St Paul. St ciuud. Pochcsier a»<d M/Wlm«r. MM • Milw.«uk««. Wt M».*I PF. May 4.2000 U%btlte; wwwborwstrnncam Honorable Mayor and City Council City of Orono 2750 Kelly Pkwy PO Box 66 Crystal Bay. MN 55525-0066 City of Orono Webber Hilh Sanitary Sewer Improvements BRA File No. 159-98-102 Honorable Mayor and City Council; Bid.^ were opened for the project stated above on Wednesday, April S, 2000, at 2:00 PM COST. Transmitted herewith are 10 copies of the bid tabulation for your information and file. Copies will also be distributed to each bidder. There were a total of 4 bids. The following summarizes the results of the low 4 bids received. Contractor Bid Amount Low Barth Burners $215,120.00 #2 Widmer, Inc.$253,302.50 #5 Penn Contracting $277,432.00 #4 P.F. Jedlicki, Inc.$289,025.00 The low bidder on the project was Earth Burners. Inc, with a base bid of $215,120.00. This compares to the feasibility report estimate of $275,600 and the engineers estimate of $260,000.00. These bids have been reviewed and found in order. We have not worketi with Earth Burners, Inc. and have no prior experience with this company. The bids received .seem to be with in the normal expected differential for a project of this type. Thenfon, wi ncommtnd that the project be awarded to Earth Burners, lne„ for the base bid amount of S21S.t20.00, Should you have any questions, please feel fnse to cont;tci me. My direct dial phone number is (651) 604< 4863. Yours very truly, BONESTROO, ROSE.>IF. ANDERLIK & ASSOCIATES. INC. Thoma.s P. Kellogg Enclosures TPK:lac 233$ Watt Highway 36 • St. Paul. MN 55113 • 651-636-4600 ■ Fax: 65t'636-13t1 i!•» •I* :i. •i‘l r; ••*•1 • d :I3 I I'l |i I • <•'<1 •I • s# 4 .1 • :• ill. “Iil« .*• .i| I *1 ::i f;. " 1 * • ♦. Ij. H.ll • • t »• Ui $ . .;i ■ il> • .:!! !■' .1 i.* h 1*1* n ::i!•«u I •Vi .«.A• (»l • •I* I,« A • alts •I I I^Bonestroo v5Anderiik& |\|| Associates tn^inttn t ArdiHccts Project Name: Webber Hills Sanitary Sower Improvements Project No.:_____________________________ Bid OoerriiHi: Aortt 05.2000 at 02:00 pm Rle No. Ownen 139-98-102 City of Orono f hereby certify that this is an exact reproduction of bids received. Hem Num. Thomas P. Kt ReglstraOon No. 269 Item Units Bidder No. 1 Earth Burners Inc Unit Price Bidder No. 2 WIdmer Inc Bidder No. 3 Penn Contracting Bidder No. 4 FFJodllcMInc 1 M/2* HOPE, SDR 11 Uench or directional driU LP 2 1-1/2* HOPE, SDR 11 directional drilled LF 3 2* HOPE, SDR 11 directional drilled LF 4 3* HDPE. SDR 11 trench or directional drilled t-F 5 3* HDPE, SDR 11 directional drUled LF 6 1-1/4* HDPE. SDR 11 Uench or directional drilled t-P 7 1-1/4* HDPE, service pipe SDR 11 directional driled 8 1-1/4* HDPE, senrice pipe SDR 11 Uench or directiortal driled 9 1-1/2* HDPE senrice pipe, SDR 11 trench or dtrectional driled 10 1-1/2* HDPE senrice pipe, SDR 11 dUectiortal driled 11 1-1/4* curb stop and box 12 1-1/2* curb stop and box 13 Conrwct to existing gravity manhole 14 1 1/2* IsolaUon valve 15 2* isolation valve 16 3* isolation valve 17 Insulate sanitary sewer, 2* thick 18 Air release MH 19 Rushbtg Conrrectlon 20 Termination flushing Connection 21 Clear and Grub Total Part 1 - Sanitary Sewen Part 2 • Restoration 22 BltumkKMJS driveway restoration SY 23 Gravel driveway repair SY 24 Bituminous street patching SY 25 sot fence, regular LF 26 Concrete driveway restoration SF 27 Remove and Uansplant treo-conferous EA 28 Remove and Uansplant tree-deciduous EA 29 Remove and transplant bushes EA 30 Sodding, lawn typo SY 1390ai02bt.xls LF LF LF LF EA EA EA EA EA EA SY EA EA EA LS 1350 360 2300 2300 500 500 750 360 180 36 4 1 3 2 150 50 300 500 300 10 0000 $14.00 $14.00 $13.50 $14.50 $14.50 $13.00 $13.00 $13.00 $20.00 $13.00 $925.00 $950.00 $2,300.00 $1,600.00 $1,600.00 $1,750.00 $25.00 $5,300.00 $1,850.00 $1,900.00 $1,000.00 $5.00 $1.00 $10.00 $1.00 $1.00 $30.00 $30.00 $1.00 $1.00 OT-I Total Unit Price Total Unit Price Total Unit Price Tout $18,900.00 $11.00 $14,850.00 $15.70 $21,195.00 $18.00 $24,300.00 $5,040.00 $11.00 $3,960.00 $15.70 $5,652.00 $18.00 $6,480.00 $31,050.00 $11.00 $25,300.00 $15.70 $36,110.00 $21.00 $48,300.00 $33,350.00 $11.50 $26,450.00 $15.70 $36,110.00 $22.00 $50,600.00 $7,250.00 $11.50 $5,750.00 $15.70 $7,850.00 $22.00 $11,000.00 $6,500.00 $11.00 $5,500.00 $15.70 $7,850.00 $23.00 $11,500.00 $9,750.00 $12.75 $9,562.50 $17.50 $13,125.00 $24.00 $16,000.00 $4,680.00 $12.75 $4,590.00 $17.50 $6,300.00 $24.00 $8,640.00 $400.00 $12.75 $255.00 $17.50 $350.00 $27.00 $540.00 $2,340.00 $12.75 $2,295.00 $17.50 $3,150.00 $27.00 $4,860.00 $33,300.00 $850.00 $30,600.00 $920.00 $33,120.00 $300.00 $10,800.00 $3,800.00 $850.00 $3,400.00 $930.00 $3,720.00 $350.00 $1,400.00 $2,300.00 $2,775.00 $2,775.00 $4,300.00 $4,300.00 $990.00 $990.00 $4,800.00 $1,695.00 $5,085.00 $2,290.00 $6,870.00 $550.00 $1,650.00 $3,200.00 $1,695.00 $3,390.00 $2,300.00 $4,600.00 $600.00 $1,200.00 $1,750.00 $1,695.00 $1,695.00 $2,450.00 $2,450.00 $850.00 $850.00 $750.00 $21.50 $645.00 $16.00 $480.00 $28.00 $840.00 $10,600.00 $7,875.00 $15,750.00 $6,800.00 $13,600.00 $7,500.00 $15,000.00 $7,400.00 $1,450.00 $5,800.00 $1,900.00 $7,600.00 $1,800.00 $7,200.00 $7,600.00 $1,450.00 $5,800.00 $1,900.00 $7,600.00 $1,875.00 $7,500.00 $1,000.00 $195,760.00 $3,000.00 $3,000.00 $176,452.50 $5,000.00 $5,000.00 $227,032.00 $1,900.00 $1,900.00 $233,550.00 $750.00 $34.00 $5,100.00 $20.00 $3,000.00 $19.00 $2,850.00 $50.00 $16.00 $600.00 $10.00 $500.00 $12.00 $600.00 $3,000.00 $34.00 $10,200.00 $25.00 $7,500.00 $25.00 $7,500.00 $500.00 $2.25 $1,125.00 $2.00 $1,000.00 $1.75 $875.00 $300.00 $6.00 $1,000.00 $30.00 $9,000.00 $9.50 $2,850.00 $150.00 $525.00 $2,625.00 $250.00 $1,250.00 $250.00 $1,250.00 $150.00 $525.00 $2,625.00 $250.00 $1,250.00 $250.00 $1,250.00 $10.00 $250.00 $2,500.00 $50.00 $500.00 $250.00 $2,500.00 $8,000.00 $4.00 $32,000.00 $1.80 $14 400.00 $2.50 $20,000.00 Bidder No. 1 Earth Burners Inc Bidder No. 2 WIdmer Inc Bidder No. 3 Penn Contracting Bidder No. 4 F F JedlIckI Inc Hem 31 32 33 AC SY _____________Hem MnDOT Seed Mix 70A Wood fiber Wanket Furnish and plant evergreen tree (blue spruce) 6* hi^ EA Furnish and plant shade tree (sugar maple) 4* diameter EA Total Part 2 - Restoration: 2 too Total Part 1 • Sanitary Sewer. Total Part 2 • Restoration: Total Base Bid Contractor Name and Address: Phono: Fax Signed By: Tltlo: Bid Security; Addenda Acknowledged Unit Price $150.00 $1.50 T(^ $300.00 $150.00 $300.00 $3,000.00 $300.00 $3,000.00 $19,360.00 $195,760.00 $19,360.00 $215,120.00 Earth Burners Inc 5910 Fremont St Duluth, MN 55807 (218)626-0454 (1218)628-0455 Terry Anderson Vice President Bid Bond Yes Unit Price $875.00 $2.25 Total $1,750.00 $225.00 $410.00 K100.00 $1,200.00 $12,000.00 $76,850.00 $176,452.50 $76,850.00 $253,302.50 WIdmer Inc 4250 Creekview Circlet pobox2 St Bonlfadus, MN 55375 (612)446-1495 (612) 446-1836 Paul WIdmer President Bid Bond Yes UnH Price $1,400.00 $2.00 Total $2,800.00 $200.00 $450.00 $4,500.00 $450.00 $4,500.00 $50,400.00 $227.uJ2.00 $50,400.00 $277,432.00 Penn Contracting 13025 Central Ave NE Ste 200 Blaine, MN 55434 (612)767-2141 (612)767-2545 Dean Luxenburg President Bid Bond Yes UnH Price $2,500.00 $4.00 Total $5,000.00 $400.00 $290.00 $2,900.00 $750.00 $7,500.00 $55,475.00 $233,550.00 $55,475.00 $289,025.00 FFJadfcklInc 14203 W 62nd St Eden Prakte, MN 55346 (612)934-7272 (612) 934-7273 Frank JedncM President Bid Bend Yes PT.O ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 24,2000 ROLL The Orono City Council met on the above date with the following members present; Mayor Gabriel Jabbour, Council Members Bob Sanscvcrc, Charles Kelley, and Barbara Peterson. Council Member Richard Flint arrived at 7:05 p.m. Representing Staff were City Attorney Tom Barrett, Cit> Engineer Glenn Cook, Senior Planning Coordinator Michael Gaffron, Zoning Administrator Paul Weinberger, Assistant Zoning Administrator Wendy Bottenberg. Parks Representative Irene Silber, and Recorder Jackie Young. Mayor Jabbour called the meeting to order at 7:00 p.m. CONSENT AGENDA («l) APPROVE/AMEND Items 4, 8, 9. 10. II. 12, and 13 were added to the Consent Agenda Peterson moved, Sansevere seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES Regular Council Meeting of April 10, 2000 Peterson moved, Sansevere seconded, to approve the minutes of the Regular City Council meeting of April 10, 2000, as submitted. VOTE: Ayes 4, Nays 0. PRESENTATION BY JOHN BARTEN - LAKE MINNETONKA WATER QUALITY STUDY John Barten, Water Qualitv Manager - Hennepin County Parks, addressed the City Council regarding the Lake Minnetonka water quality sludv whieh has been ongoing for the past several vears. Barten stated Hennepin Countv Parks has been working with the LMCD on this issue to detennine whether the water quality of Lake Minnetonka is stav ing the same, getting better, or getting worse, and the appropriate steps tliat should be taken to address this issue Barten stated thev are attempting to consolidate their efforts w ith other government agencies in an attempt to eliminate duplication of efforts. Barten stated this committee has taken water samples over the past five vears from Lake Minnetonka and the other local lakes in an effort to determine the phosphorus levels in the various lakes. Barten noted a grant was ebtained from the EDA. which was used to install Remote Undenvater Sampling ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 24, 2<I0I) (Lake Minnetonka Water Quality Study, Continued) Stations at various spots in the lakes, with measurements being taken four times a da.v to detennine the phosphorus level. Barten stated the water quality of the local lakes has remained fairly normal over the past few years, w ith clarity of the lakes being reduced over the years. 0\ cr the summer months the clarity of the lake tends to be reduced somewhat. Barten commented the water quality of some of the lakes, unless preventative steps arc taken, has the potential to decrease due to increased water fiows from developments Long-tenn water management of the lakes is c.xtrcmcly critical in order to preserve and improve the w ater qualitx in this area. Mayor Jabbour comjiicnted that the levels of phosphorus go up and dow n and never is completely eliminated. Eric Evinson, Administrator of the MCVVD. stated he is available for an> questions the City Council may have regarding the efforts being taken to monitor the water qualit> of the local lakes. Kelley inquired how the MCWD aetualK monitored the actual le\ els of phosphorus runoff. Evinson stated it is vcr>' difficult to actualK' monitor along the lakeshore. but that the MCWD has identified the major drainage points into the lake and those areas are monitored. Sanscvcrc inquired whether any of the lakes were unsafe for swimming at this point. Barten commented that algae is not a desirable thing for a beach and usually will not pose any health threat. Barten stated efforts should be taken in order to address the issue of recycling the phosphorus in the lakes, which can be accomplished in a couple of different wa\ s and costs in the neighborhood of $400 to $500 an acre. Mavor Jabbour stated the chemical treatment process is only permitted once on a lake and another permanent solution needs to be found Barten stated the chemical treatment process can be effcctixe for up to IS years and has proven to be fairly effective at treating the algae Barten stated Hennepin Parks plans to reduce the amount of monitoring done on some of the lakes in the future due to the costs Barten stated in his opinion monitoring of some lakes will continue to occur into the future Mav or Jabbour stated the citizens of the area need to become aware of the reasons why the Cit> C ouncil requires limits on hardcover and stresses good water management Barten stated he has spoken with the LMCD on a couple of occasions and has suggested that thev do a shoreline invcntorv to see how much natural shoreline exists and complete a comprehensive • • plan assessment Barten stated to his knowledge the> will be completing some ivpe of plant assessment and shoreline assessment in the near future Barten stronglv recommended the Citv consider adopting an ordinance regulating phosphoms. which would be a good step towards ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 24,2»00 (Lake Minnetonka Water Quality Study, Continued) improving the water quality in the local lakes. David Lovelace, Resident, inquired whether the agency is able to tell where the phosphorus is coming from and the amount from famiing versus residential that is being produced. Bartcn stated they can make a rough determination from the land uses in the area. Sanscverc inquired whether they have concerns regarding any of the bays. Evinson stated his understanding is that the algae can be to.xic at times, noting they have had a problem in the past with Halstad's Ba\. Bartcn stated the blue/grcen algae can produce to.xic blooms at times, which happens ver>' infrequently, and in order to be fatal, a person has to ingest a fairl> large amount of water. Sansevere encouraged increased public awareness of the condition of the lakes in the area as well as an awareness of the potential safct> concerns that could occur with decreased water quality. Mayor Jabbour thanked Bartcn for his presentation and efforts at prcscr\ ing the water quality in the area. PARK COMMISSION COMMENTS - IRENE SILBER, REPRESENTATIVE Silbcr stated the Parks Commission has concerns regarding the proposed Snyder Drug dc\clopmcnt in Navarre, and recommended steps be taken to presets c the oak trees in the area as well as consulting with the City's landscape architect to insure plant suitabilitx. LAKE MINNETONKA CONSERVATION DISTRICT - LILI MCMILLAN, REPRESENTATIVE McMillan expressed her thanks to Bartcn for providing good insight into the water quality of the local lakes McMillan reported the LMCD is proceeding with their appeal to the Minnesota Supreme Court regarding the special deputies, noting they ho|K to ha\e a decision on this case b> late summer. McMillan stated the channel buo> markers ha\e been installed, with the other buo\ s to be installed closer to the summer season. McMillan reported the LMCD will be review ing the number of liquor licenses currently available and the process of awarding those licenses .t ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 24,2000 (LMCD, Continued) Mayor Jabbour indicated a desire to meet with the chair of the LMCD to discuss several issues before their budgeting process begins. Kelle\' commented in his view the fees associated with a liquor license should be reviewed to insure that they cover tlie administrative costs as well as some of the deputy sheriff costs. PLANNING COMMISSION COMMENTS - JAY NYGARD, REPRESENTATIVE None PUBLIC COMMENTS David Lovelace, 220 Big Island, commented in his opinion the residents who lose their vehicles or snowmobiles through the ice should pay the full cost of recover)'. ZONING ADMINISTRATOR'S REPORT («3) #2549 DAVID LOVELACE, 220 BIG ISLAND, REQUEST FOR DOCK ACCESS David Lovelace. Applicant, was present. Gaffron stated the Applicant is requesting approval for a dock location on Big Island in order to access his inland lot City Staff has toured Big Island and has reviewed each of the potential access points, which were platted back in the 1880s. The Planning Commission has reviewed this item, with a number of the neighbors attending the public hearing and v oicing their thoughts regarding this issue. Gaffron noted City Staff h.as not found ain record of format Citv Council action prohibiting motorized vehicle traffic on the Island, and would recommend this topic be reviewed in the future due to the negative impacts of vehicles on the unimproved roadwavs Gaffron stated Access C is located about 200 feet from the NE comer of the Applicant's property, and is 90 feet in width, with a platted right-of-way in a wetland area The Citv has had surveyors view this area to stake the lot lines and has detemiined that the roadwav that has been utilized in the past IS in fact mostly located on the adjoining propertv Citv Staff' feels there is some area on either side of the wetland to allow for pedestrian access and that there is sulTicient room for two docks to be installed at this access point Gaffron stated Access D is a platted right-of-wav called Ba> Place and is .^0 feet wide with a lagoon nc.Nt to it. Gaffron stated a defined drivewav or walking path in this area docs not exist at this time, but there is sufficient room to allow a pedestrian to stay within the right-of-wav. City Staff feels there is adequate room to allow for two docks tc be installed at this access point ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 24, 2000 (M2549 David Lovelace, Continued) The Planning Commission has recommended that the Applicant be allowed a seasonal dock at Access C. and if Schcftcl and Lovelace are interested in sharing a dock at this access point, that would be fine. Othenvise the Planning Commission felt it would be appropriate to have two separate docks at this location. Gaffron noted at the present time there are no other requests for dock access to Big Island, with a number of other potential access points being located further south. Sanscvcrc inquired how many prospective lots could potentially need dock access, noting he has a concern that there could be a number of future requests for dock access. Gaffron stated there arc eight or nine lots that could potentially request dock access. Gaffron stated according to the LMCD. there is a potential for a joint dock license, which would need to be resoKcd with the LMCD since this is a City right-of-wa>. Mayor Jabbour commented in his opinion the Cit> should have a distinction between a buildable lot versus a recreation lot. Gaffron stated the RS District does ha\e a five acre minimum standard, with a number of lots on the Island having been listed as buildable or substandard but buildable and some unbuildabic lots A buildable lot could be created b\ combining two or three of the smaller lots. Ma\or Jabbour stated the Citv should also address the erosion problems occurring on Big Island at some of the access points. Gaffron stated Cit> Staff is looking at Access I I. which has a sev ere erosion problem, and is considering erecting a barrier to limit traffic in that area GalTron stated in his opinion the City should grant Lovelace a dock access at this time since his propertx is considered to be a buildable lot. Sansevcrc noted the Applicant w ill be assuming the cost of the d» s Mayor Jabbour stated the City of Orono has a poliev that public roads should not be used for private use Jabbour stated there should be a distinction between using the City's land on Big Island as a transpiortation corridor and not as a recreational corridor and being allowed the use of a dock. Jabbour stated he does not want to see all of the City's fire lanes become potential dock access points Jabbour stated the Cit\ has to address the issue of a person wishing to live >car-round on Big Island and access to their lot Sansevere moved, Kelley seconded, to approve and adopt RESOLUTION NO. 4456, a Resolution Permitting a Private Dock on Platierl Unimproved Right-of-Way Between Lots 38 and 39 Morse Island Park, Big Island. N’OTE: Ayes 5, Nays 0. Lovelace commented at the Planning Commission meeting the possibihtx of getting a garbage ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 24,2000 (^2549 David Lovelace, Continued) barge out to Big Island was discussed, which met with good reception with the neighbors. Lovelace requested assistance from City Staff on the proper process to follow in that regard. Mayor Jabbour noted that the mainland enjoys City garbage collection, while Big Island does not. Jabbour stated he would be willing as a private citizen to provide a site, a rolloff, and a garbage barge on one side of the Island to help clean up Big Island. Jabbour noted that fa.xpaycr dollars cannot be used in this effort. Lovelace commented he was not looking for taxpayer dollars to help clean up the Island but was looking for access to a garbage barge. Lovelace indicated he would be w illing to discuss this further with the Mavor at another time. *(«4) #2559 GILBERT GEHLE, 1392 BALDUR PARK ROAD - VARIANCES/CUP Peterson moved, Sansevere seconded, to approve Variances to Hardcover in the 75-250’ Lakeshore Setback and Hardcover Within 75* of the South Lakeshore, and a Conditional Use Permit to Permit Regrading and Restoration of the Site. VOTE: Ayes 4, Nays 0. (#5) #2563 MIKE AND RUTH FILBRANDT, 3960 BAYSIDE ROAD - SKETCH PLAN REVIEW Mike and Ruth Filbrandt, Applicants, were present. Weinberger stated the Applicants arc requesting a sketch plan review for a 26 acre parcel which consists of three tax parcels The Applicants arc interested in subdividing the properties to create two buildablc lots. The total acreage is approximatelv nine acres of dry biiildabic land, w ith the minimum lot size being five acres in the RR-IA District. This item appeared before the Planning Commission where several issues were discussed relating to how the Applicants could appropriately subdivide the property. The Planning Commission considered subdividing this property by doing a lot line rearrangement: however. City Code may not necessarily apply in this case because they are generally looked at as Class I Subdi\ isions and a Class I Subdivision docs not allow any type of flexible zoning and would require ten acres of dry buildablc land in order to create two lots. Class I Subdivisions requiring flexible zoning have traditionally only been used for lot line rearrangements between existing developed parcels City Citv Code prohibits selling off of the two smaller undeveloped lots without the principal larger lot because it would create two non-conforming lots The Planning Commission had suggested that some consideration be given to rezoning the property from the five acre minimum lot size to two acre minimum lot size. City Staff has brought this matter before the City Council to gi\c their thoughts on whether rezonmg of this area would be oro .no city council meeting MINUTES FOR APRIL 24,2000 (#2563 Mike and Ruth Filbrandt, Continued) an option. Kcilcy indicated he would not be in favor of rezoning this property. It was the consensus of the City Council that they would not be in favor of rezoning this area to two acres. Mayor Jabbour stated the sketch plan needs to comply with the City’s Comprehensive Plan and that the City cannot rezone areas whenever someone wants to develop their property. Filbrandt stated he bought the two lots in 1979. with the City having passed an ordinance in 1984 stating if the owner purchases a non-conforming lot. they are not able to sell it or get a variance. Filbrandt stated it is his understanding there is approximately 9.5 acres of dr>' buildable. Mayor Jabbour stated the City Council has indicated its position on the rezoning of the land and has not taken a position on the other issues invoU ed w ith the sketch plan. Jabbour noted the City Council has taken the position in the past that an\- rezoning should be addressed in the Comprehensive Plan and that the Comprehensive Plan should bo adhered to as much as possible in an effort to provide for orderK' development. Kelley inquired whether the issue of rezoning was the only reason why this application was sent to the City Council from the Planning Commission. Weinberger indicated City Staff had w anted to get the input of the City Council on the issue of rezoning this property prior to the Applicants filing a prcliminarv’ plat application, due to the Planning Commission's discussions regarding rezoning of the property. Kcilcy stated the City Council has ruled on the rezoning and the matter should now go back before the Planning Commission. Mayor Jabbour concurred the matter should be sent back to the Planning Commission for their review and comment. (#6) #2567 WALFRED PROPERTIES. 2380 SHADYWOOD ROAD - COMMERCIAL SITE PLAN REVIEW Tom Rcincn. Project Architect, was present. Weinberger stated the Applicant has submitted revised plans showing the removal of the second floor clinic and removal of the underground parking to allow for a one-stor> retail use on the old Grace Baptist site in Navarre The Planning Commission has rev iewed the revised plans and is recommending the zoning code ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 24. 200(> (#2567 Walfred Properties, Continued) be amended as well as recommending approval of the site plan and approval of the code amendment to allow drugstores as a conditional use in the C-5 zoning district subject to the following conditions: 1. To limit the hours of operation to 8:00 a.n>. to 10:00 p.m. 2. The project engineer must provide a report confirming the proposed stomiwater management pond meets all NURP standards. Part of the pond and grading is located off site. Applicant shall obtain drainage and temporaiA’ work easements from the adjacent propert>’ 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. et cetera, arc located within the road 4. Drainage and utility casements shall be granted 10 feet along the property lines. 5. To relocate the trail to connect Olive Avenue to Shadvwood Road 6. The City Engineer must review and approve site grading, ponding, stomiwater management plan and relocation of utilities Weinberger indicated City Staff has not had sufficient time to fully rev iew the rev ised plans. Weinberger noted the developer has reduced the number of outdoor parking spots to 60. from the 77 originally proposed which will accommodate a 9.000 square foot single-story retail operation, with the ov erall size of the building being just under 12.000 square feet. Weinberger stated some issues for discussion by the City Council include the proposed landscape plan. Retaining walls are proposed as part of the landscaping plan, with the first retaining wall being located along the trail. The average height of the wall in this area is six to eight feet. A retaining wall around the stormwater drainage pond is also proposed, with the height of that wall being approximately 20 feet in height at the highest portion The average height of the wall will be 12 to 14 feet Weinberger noted the landscape plan will need to be reviewed by the City’s landscape consultant Weinberger stated the oak trees referred to by the Parks Commission are located by the proposed trail The rev ised plan does call for the removal of the oak trees m that area This area was chosen for the trail due to the high water table of the stormwater pond and need for additional retaining walls and fences to protect pedestrians from falling into the stormwater pond. C oncerns regarding safety were also raised with the other trail location Weinberger stated the overall height of the building has been reduced to 2.3 feet. Reincn indicated Weinberger has covered the issues quite well relating to this application. MU ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 24, 2000 {H2S61 Walfred Properties, Continued) Peterson inquired exaetK’ where trail goes. Weinberger stated the trail would begin on Olive Avenue and would proeeed up the hill and eonnect the property to Shad>^vood Road. Tlie trail would run along the proposed retaining wall. Sonsevere stated it is his impression that sometimes the City tends to foree trails on properties where they may not be necessary'. Sanscvcrc stated it is not possible to save the oak trees if the trail is located in this area. Mayor Jabbour stated the Parks Commission is requesting that the trail be located in another area. Sanscvcrc stated in his opinion the only safe place for the trail is the location where it is presently proposed. Sanscvcrc stated he would be willing to approve this plan w ithout the addition of a trail. Peterson indicated she was in agreement with Sanscvcrc. Kelley commented he would prefer to save the trees. Flint inquired why the trail could not be located on the other side. Flint commented he has toured the property and there appears that there will be more than ample parking for this operation. Flint stated he would like to sec more green space and have the area be more pedestrian friendly as far as access. Rcincn indicated they arc looking at appro.ximately a 12.()0() square foot building, with the need to address the circulation of service vehicles and other vehicles ccunter-clockw isc around the building. Rcincn stated they arc attempting to keep the parking slope as minimal as possible, which is accomplished by having the parking as proposed. Rcincn stated due to the size of the building, they arc legally required to provide 60 parking spaces. Rcincn stated they arc attempting to have the trail meet the 24 foot setback and the 30 foot setback at Olive as well as try ing to maximize the green space in the area. Rcincn noted the} have increased the green space by approximately three percent. Ma>or Jabbour stated in his opinion there does not appear to be a consensus that the trail is needed in the area proposed, jabbour stated he liked the parking being located away from the residential neighborhood and providing green space in that area Kelley inquired whether the driveway in the rear could be reduced somewhat with the trail being located in that area. Rcincn stated they need to accommodate over-the-road vehicles, which necessitates the wider drivewav. Sanscvcrc inquired whether a small trail could wind around the oak trees ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 24,2000 (H1S61 Walfred Properties, Continued) Mayor Jabbour stated there could just be pedestrian access from the rear parking lot to the street with no public trail. Kelley stated he has concerns that the children will tend to cut across the parking lot even with the trail. Rcincn indicated they will need to have the area survc> cd to sec where the trail can be located, noting they would like to preserve the trees as well. Rcincn stated tlic retaining wall will need to be brought fonvard. Kelley inquired about the si.\ foot cedar fence in the back Rcincn stated it is located five feet from the property line and will have a row of arborvitac trees planted in front of it. Kelley inquired about the lighting at the rear of the building. Rcincn stated they will be installing shielded lighting, with one light fi.xture being located at the rear of the building to light the car path and a light fi.xture associated with the trash enclosure, which is separated from the building itself Kelley stated he would like to see the monument sign constructed out of the same materials as the building. Rcincn stated they will use compatible material for the monument sign, noting the sign will not be illuminated if the store is not open. Ma>or Jabbour thanked the developer for working with the Cit> on this project. Kelley moved, Flint seconded, to approve the Commercial Site Plan Granting Variances to Hardcover and Conditional Use Permits and to allow the Issuance of a Building Permit to Walfred Properties for the Property Located at 2380 Shadywood Road to permit the construction of a Snyder Drugstore, subject to modification, review and approval of the pedestrian trail by City Staff, review and approval by City Staff of the lighting and landscaping plan; and to Approve Vacating an Unimproved Lane Within the Plats of "Wiley's Navarre Addition", "Townsite of Largdon Park" and "Lafayette Ridge" in the City of Orono, Hennepin County, Minnesota. Weinberger indicated the issues that still need to be resoKed are identified in the resolution. VOTE: Ayes 5, Nays 0. ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 24, 2000 (#7) #2568 WILLOW VIEW PROPERTIES, LLC-BANCOR GROUP, SOUTHWEST CORNER OF WILLOW DRIVE NORTH AND SIXTH AVENUE NORTH - FINAL PLAT OF WILLOW VIEW - RESOLUTION NO. 4457 David Newman of The Bancor Group and Marty Campion, Project Engineer, w ere present. Weinberger stated the City Council approved the Prcliminar\ Plat for Willow View back in January’, 2000. The Bancor Group has completed nearly all requirements of the preliminary plat approval. The Applicant has indicated the outstanding issues involving a letter of credit and a watershed permit w ill be resolved by the end of the week. The Applicant has also indicated he will be paying the sewer and water conneetion fees as well as the park dedication fees required on this development. Weinberger stated the major change to the final plat iinolves the conscr\ation areas to be platted separately as outlets to maintain the areas and to protect them by easements. Tlie City Engineer has reviewed and approved the plans for this development. City Staff has determined that an eight inch water line would be appropriate in plaee of the 12 inch line originally requested. Weinberger stated the Developer has requested that the private road within Outlot A be known as Willow View Drive. No negative comments have been received back from the Fire Department or Police Department regarding this proposed name at this time. Staff has received notification from the MCWD that the permit is scheduled on the consent agenda for 4/25/00. The Plat will not be released for filing prior to the MCWD approv ing the permit. City Staff is recommending approval of the final plat for Willow View subject to the conditions outlined in the resolution. Newman stated he has delivered to City Staff* all the executed covenants, easements, the developer’s agreement, and consent of plat. Newman stated they arc owner of the pro|>erty . Newman stated they will be obtaining the watershed permit within the next few days. Mayor Jabbour requested the developer make a conscious effort to work with City Staff and the School District to resolve some issues relating to casements m the area Newman indicated he is aware of that situation and has had his engineer contact the School District regarding the trail. Weinberger stated the trail as proposed to connect the neighborhood to the school would go through Outlot B, w ith a small area of Outlot A. and then the connection to the school property . Weinberger indicated the regional trail connections are identified in the plan. Kelley moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4457, a Resolution Approving the Plat of Willow View. Flint commented there appears to be an inconsistency in paragraphs 16 and 17 of the resolution I f ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 24,2(lfl0 (112568 Willow View Properties, Continued) compared to paragraph 7 of the resolution previous!) adopted on this development whicli requires that the internal trails on the property be constructed prior to building permits being issued for homes within the subdivision. Flint stated the distinction between internal and e.\temal trails is not made in the resolution now before the City Council. Weinberger stated the internal trails assumes all the trails within the subdivision, and since the outlots are considered to be part of the subdivision, it is understood all trails will be constructed prior to any building permits being issued on this development. Newman stated it is his understanding it is part of the development agreement that they have with the City. VOTE ON THE ABOVE MOTION: Ayes 5. Nays 0. CITY ATTORNEY’S REPORT Ben Sacs and Jim Dattalo were present. Tom Barrett. City Attorney, requested that the Cit> Council amend the Ho\l resolution to reflect the new owners of the property. Barrett stated the City Council had previoiisl) passed a conditional use permit and certain variances at the request of Mr. Ho>t Barrett noted that resolution has not been accepted b> Ho\ t and no building permits have been issued Barrett stated he has been provided w ith documentation which reflects that Mr. Ben Sacs on behalf of the BRK Family Associates. L.L C . has purchased the propertx Cit\ Staff is recommending that the City Council move to amend the resolution by removing Mr. Hov t's name and inserting the new owner’s name, who will be responsible for taking out the permits and completing the ncccssarv work. Barrett stated the request is consistent with Citv ordinances and past practice Jabbour moved, Kelley seconded, to amend Resolution No. 4458 to reflect the new owner of the property. VOTE: Ayes 5, Nays 0. MAYOR/COIJNCIL REPORT Mayor Jabbour gave a brief update on the Dakota Rail to Trail project, noting he has been meeting with the various parties over the past several months regarding this project. Jabbour stated the Cit> needs to define its objectives for this project and how the uiuesolved issues should be addressed Jabbour indicated a priority of the City should be to ensure the Highwav 12 upgrade project mov es ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 24, 2000 mcs (Mayor/Council Report, Continued) fonvard, with the Dakota Rail taking a lower priority at this time. The Council agreed that Highwa\' 12 needs to be the top priority. Flint indicated the two projects were not necessarily in conflict, and suggested the City Council consider scheduling a work session to discuss the Dakota Rail to Trail further. ENGINEER REPORT *(U8) REQUEST FOR PAYMENT #5 - ORONO ORCHARDS SANITARY SEWER PROJECT Peterson moved, Sansevere seconded, to approve Request for Payment #5, Orono Orchards Sanitary Sewer Project to Widmer, Inc., in the amount of $3,135.00. VOTE: Ayes 4, Nays 0. nding l: new *m) SEASONAL EMPLOYEES FOR GOLF COURSE Peterson moved, Sansevere seconded, to approve the revised employee list, including Adam Noble and Cary Peickert, hired to fill the open positions, at the proposed wage rates and under the applicable provisions of the PERA Rules. VOTE: Ayes 4, Nays 0. *(#I0) REVISE 200 FEE SCHEDULE - ORDINANCE NO. 197, 2ND SERIES Peterson moved, Sansevere seconded, to approve and adopt ORDIN.ANCE NO. 197 2ND SERIES, an Ordinance Amending the 2000 Fee Schedule for the Orono Orchards Sanitary Sewer Project Connection Fee. VOTE: Ayes 4, Nays 0. •(#11) SANITARY SEWER AGREEMENT - CITY OF SPRING PARK, DICKSON AVENUE EXTENSION Peterson moved, Sansevere seconded, to approve the Sanitary Sewer Agreement with the City of Spring Park for sewer service to 3800 Dickson Street Extension. VOTE: Ayes 4, Nays 0. •(#12) GOLF COURSE FURNACE REPLACEMENT Peterson moved, Sansevere seconded, to approve the quotations listed in Gapp.Vs April 24, 2000 Memorandum for Replacement of the Furnaces in the Golf Course ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 24,2000 (^12 Golf Course Furnace Replacement, Continued) Clubhouse and Shop. VOTE: Ayes 4, Nays 0. Peterson moved, Sansevere seconded, to approve a budget adjustment for the Golf Course Capital Outlay Budget for the Completion of this work in the amount of S2,500. VOTE; Ayes 4, Nays 0. CITY ADMINISTRATOR’S REPORT *(«I3) SCHEDULE OF UPCOMING WORK SESSIONS Peterson moved, Sansevere seconded, to direct City Staff to schedule work sessions for 7:30 a.m., on Thursday, April 27, 2000, and Thursday, May 25, 2000. VOTE: Ayes 4, Nays 0. *(«14) LICENSES Peterson moved, Sansevere seconded, to approve the following licenses. VOTE: Ayes 4, Nays 0. SPECIAL EVENT PERMIT: 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. *(«I5) BILLS Peterson moved, Sansevere seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT There being no furtlier business to discuss, tlic meeting was adjourned at ‘>:44 p.m ATTEST: Gabriel Jabbour, Mayor Linda Vee, City Clerk t MINUTES OF THE CITY COUNCIL WORK SESSION HELD AT 7:30 A.M. ON THURSDAY, APRIL 27,2000 ROLL The Orono City Council met in a work session on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Charles Kelley, Richard Flint, Bob Sansevere, and Barbara Peterson. The following represented City Staff: City Administrator Ron Moorse, Police Chief Gary Cheswick, Sergeant Morowczynski. 1.Personnel Matter. The City Council held a closed session to discuss a personnel matter. At the completion of the closed session, the Council gave its consent to the City Administrator’s recommendation of a 14-day suspension of Officer Larry Tomczyk. 2. Reorganization of the Police Department Supervisory Structure. Chief Cheswick and Sergeant Morowcyznski explained the need to reorganize the Police Department supervisory structure to provide a set of true first line supervisors versus the current corporal positions. The corporal positions are shift leader positions rather than first line supervisory positions. As such, they do not have authority to carry out discipline, and they do not have any kind of authority to conduct performance evaluations. In addition, they are a part of the police officer union. This situation causes conflict when a corporal needs to deal with a performance issue. The recommended action was to eliminate the three corporal positions, and to create two new sergeant positions. This recommendation included the interim appointment of two sergeants for a period of up to 90 days to provide sufficient time to conduct a sergeant promotional process. Council Member Kelley questioned why the reorganization was being recommended at this time rather than waiting for a new police chief to make a decision regarding the Department organization. Chief Cheswick indicated the current organizational structure is not working, and a change needs to be made as soon as possible. If a reorganization is delayed until a new chief is hired and becomes familiar enough with the Department to determine a new organizational structure, the current dysfunctional structure could be in place for another 12 to 18 months. The Council indicated unanimous support for the reorganization recommendation. 3. Fleming Trail Addition Revised Site Plan and Covenants. •As part of the annexation of the Fleming Addition property into Long Lake from Orono, the City of Orono placed covenants on the property to guide its future development and use. V, MINUTES OF THE CITY COUNCIL WORK SESSION HELD AT 7:30 A.M. ON THURSDAY, APRIL 27,2000 These covenants allow for the development of 13 lots according to a specific site plan, and prohibit access from the development to Orono Oaks Drive. Because a portion of the Fleming Trail Addition property has been designated for acquisition by Mn/DOT for right-of-way for the Highway 12 upgrade project, the City of Long Lake has developed a revised site plan for the subdivision that clusters the 13 lots on a smaller area of the property, which has enabled the preservation of a substantial amount of open space at the northeast comer of Orono Orchard Road and Orono Oaks Drive. The Council reviewed the revised site plan and indicated unanimous support with the following conditions: A. The areas shown as park/open space and the ponding areas and wetland areas must be permanently dedicated as such. B. Work with the Orono Oaks Drive Homeowners Association to enable Orono Oaks Drive to be used as a public right-of-way to provide access to the Fleming Trail Addition. ADJOURNMENT " The meeting adjourned at ^* ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor i-. -?r' Application Date: 7/21/99 Deadline: Waived iMriL MEETING MAY 0 6 2000 Cii T or unUfvu REQUEST FOR COUNCIL ACTION DATE: 4/27/00 ITEM NO.: Jj Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#2513 Connie Piepho 540 North Arm Drive Variance Zoning:LR-1 A, One Family Lakeshore Residential, 2 Acres Application: To permit construction of an inground swinuning pool within the average lakeshore setback. List of Exhibits A B C D E F Resolution Revised Site Plan (Received April 13,2000) Letter from S-P Testing Memo from Chris Pence approving variance to Septic Code Letter from adjacent property owner Draft Planning Commission Minutes (April 17,2000) Application Update: The Planning Commission had discussed the issue of granting a variance to the average lakeshore setback to permit construction of an inground swimming pool on the property. The primary issue was the pool could not be placed on the property without relocating a future septic drainfield site. The septic site would be required to be shifted approximately 20' to 30' to the north. This results in the site being located within 75' of the water supply well on an adjacent property. To satisfy the requirements of the septic code one of two options existed to allow the secondary septic site to be shifted. No hardcover or grading is permitted within 20' of a septic site and no septic site (primary or future) can be located within 75' of a well. The On-Site Systems Manager for the City of Orono has approved a variance to the septic code to permit a drainfield site to be located less than 75' from the neight-. r’s well, but not less than the State requirement of 50'. Before Mr. Pence could agree to granting of the variance the adjacent property owner did consent to the setback being 50'. The State of Miimesota inspects and issues well permits, #2513 Connie Piepho 540 Noith Aim Drive Variance May 8. 2000 pagt-l 4. 5. A.Locating the pool on the lakeside of the property screens the structure from view from the road. B.A group of mature trees are located around the area designated for the swimming pool and the area is lower than adjacent properties for minimal impact and screening to surrounding residences. C.The pool is located approximately 150 feet from the nearest adjacent residence. If the pool were relocated to the north side of the property the pool would be visible and within 60 feet of the residence. D.The City On-Site Systems Manage has approved a variance to the Septic Code that would permit an alternate septic site to be within 75 feet of an adjacent water supply well, but not less than the State requirement of 50 feet. E.The property owner of 520 North Arm Drive has submitted a letter to the City of Orono stating knowledge of the variance to permit a septic site within 75 feet of the well. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but 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 has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safet>’ and welfare of the community. Page 2 of 4 i 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 10.56, Subdivision 16(C)(2) to permit construction of an inground swimming pool less than 750 s.f. encroaching 35' into the average lakeshore setback. 1.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (May 8, 2001). 2.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3.The undersigned applicant has read, understood and hereby agree to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 8th day of May, 2000. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner (s) Page 3 of 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of May, 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 , 20 before me a Notary Public within and for said count}’, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 20_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 Public Page 4 of 4 441 i i ni i i # T~n ■ i Iimh i ■ifcU B /Iveiro^ StWwtV. Uflli B ■ f -.1 I » I i 3.f H h I 10' 5' S-P TESTING, INC.Steven B. Schinmers • MPCA Cert. No. 627 951 Katydid Lane NE • St. Michael, MN 55376 • (612) 497-3566 FAX (612) 497-5011 State License #394 April 13. 2000 Custom Pools Mike Mulvaney 540 North Arm Drive Orono, Henn. Co., MN This letter is in regards with the proposed future expansion site for an on-site sewage treatment system. The proposal is to move the future expansion site approximately 30’ west to allow for construction for a new pool area. Soil probings were completed which indicated the soils have not been disturbed or compacted. The new future site will be less than 75* away from a neighboring well. This will require an agreement with the City of Orono. and the neighboring property. Recommend to maintain a 50' setback if possible. This would allow the well to be used if the City Code were to change in the future. State Code allows a 50' setback. Steven B. Schirmers 1 c ai M TTlf-f—r-t-tflia ^1—I .«] o TO: FROM: DATE: Paul Weinberger, Zoning Administrator/Planner Chris Pence, On-Site Systems Manager April 14, 2000 SUBJECT: Septic Review for 540 North Arm Drive The existing septic system on 540 North Arm Drive is a compliant mound system that meets all the requirements of the City and State. There is also a designated alternate site that meets all City and State codes. The homeowners are currently proposing placing a pool on the property. This would require that the alternate septic site be moved to be 50’ from the neighbor’s well where a 75' setback is required. A variance is being granted because the intent of the 75' well setback was to allow home improvements to the property and still maintain the 50' well setback that is required by the State. I recommend that the neighbors be consulted and obtain their opinion on altering the well setback. Based on the attached letter dated April 13, 2000 submitted by S-P Testing, a variance is being granted for the alternate septic site at 540 North Are Drive to be no closer that 50' to the neighbors •veil. This will meet the minimum requirements of Chapter 7080. The primary and alternate septic sites need to be protected from any filling or grading during pool construction. 1 April 20,2000 City of Orono Attn: Paul Weinberger 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 Dear Mr. Weinberger, This letter is being sent to notify the City of Orono that I am aware of the variance that the City of Orono has granted to Connie Piepho, 540 North Arm Drive, Mound, MN 55364.1 understand the City of Orono has granted a variance to the septic code and will permit her drainBeld site to be located less than 75' from my well, but not less than the State requirement of 50'. Timothy Pellizzer Property Owner 520 North Arm Drive Mound, MN 55364 ORONO PLANNING COMMISSION MINUTES FOR APRIL 17,2000 F /o/S Lindquist moved, Sto^d^ seconded, to recommend approval of Application #2486, Elaine Erickson, 1270 Spruce PTaqg, grariting of a variance to hardcover in the 75-250' setback area and a conditional use permtKo allow grading within five feet of the property line, and further subject to the five cormHiQiis outlined in the April 17,2000 Planner's Report, with the grading and drainage plans bei?lg«^ubmitted and approved by the City Engineer prior to the Applicant appearing before the Cit^'-Q^ncil. VOTE: Ayes 5, Nays 0. . (#2) #2513 CONNIE PIEPHO, 540 NORTH ARM DRIVE - VARIANCES, 6:47 p.m. - 6:59 p.m. Connie Piepho, Applicant, and Mike Molvani, Contractor, were present. Weinberger stated the Applicant has appeared twice before the Planning Commission with a request to construct an inground swimming pool within the average lakeshore setback. The pool could not be placed on the property without relocating a future septic drainfield site. The septic site would be required to be shifted 30 feet to the north, which results in the site being located within 75* of the water supply well on an adjacent property. The Applicants were requested to revise the plan and find an alternative site for the pool. The second plan proposed to have the pool located on the other side of the property. However. City Staff had some concerns about the location of the pool in this area due to the close proximity to the adjacent residence. The Planning Commission tabled that proposal to allow the Applicant and the adjacent property owner time to discuss their options further. Weinberger stated the plan before the Planning Commission tonight is proposing to locate the pool as reflected in their first proposal, which allows the Applicants two options. Option one is to enter into an agreement with the adjacent property owners that would require the Applicant to pay to relocate the neighbor's well should it become necessary to replace the septic to the alternate site This would be accomplished by having money being placed in escrow to relocate the well. This agreement is acceptable to both parties. Weinberger stated the second option available to the parties is for the City of Orono to grant a Page 4 II ORONO PLANNING COMMISSION MINUTES FOR APRIL 17,2000 f variance to the septic code and permit a drainfield site to be located less than 75* from the neighbor's well but not less-than the Stale requirement of 50*. Weinberger stated the affected property owner will need to be contacted regarding this option prior to a variance being issued. Weinberger stated option two appears to be the best option for the parties since it has the least impact on the adjacent residences. City Staff is recommending approval of the application with a variance being granted to the septic code. Piepho stated she has spoken with both neighbors who have indicated they would prefer to have a variance to the septic code. Piepho stated she understands they will need to be contacted personally in regards to this proposal. Mike Molvani, Contractor, stated in his view option two is the best choice. Hawn commented she is hesitant in granting a variance to the City’s septic code, noting that Orono’s septic code is more stringent than the Slate's. Hawn stated the Planning Commission should take Into consideration any possible health concerns that may result by granting the variance. Hawn stated in her view a variance should not be granted if it compromises someone's health. Hawn commented she is not aware of the reasons for the City's 75' requirement versus the Stale ’s 50’. Weinberger stated Septic Inspector Pence has indicated that part of the reason for the 75’ setback is that residences were being located 75’ from the septic site, and when additions were added to the homes, they would generally involve the need for a variance to the septic site. Weinberger indicated the State of Minnesota has determined that a 50’ setback from a well is appropriate. Weinberger staled City Staff will be looking at reducing the 75’ setback requirement to 50' to conform to the Stale standard. Gaffron indicated the reasons City Staff will be reviewing this issue in the near future is because it has been determined that there are no health issues that 'vould be impacted by having a 50’ setback versus a 75’ setback: two. the Stale currently has the right to issue well permits; three, well contractors typically go out and only meet the 50’ setback, with the City not being notified until after the well is in that the 75’ setback has not been met. Gaffron staled it is difficult to enforce a Pajjc 5 ORONO PLANNING COMMISSION MINUTES FOR APRIL 17.2000 75' setback when there are no health concerns at issue. F S.f 3. Gaffron stated he would recommend going to the 50' setback, with elimination of the City's 75' requirement. Stoddard commented he does not have a problem with a 50' setback and would be in favor of option two. Berg and Lindquist indicated they would also be In favor of option two. Hawn noted approval of this proposal would be contingent upon approval by the neighbors. Weinberger stated discussions have been held with the adjoining neighbors who have indicated very clearly that they are willing to work with the Applicant on this proposal. Weinberger noted City Staff currently does not have their approval in writing, which will need to be obtained. Hawn commented it was her understanding the primary septic site is In very good shape at this point in time. Pift£ho stated the septic site is only six years old and is in good shape. There were no public comments regarding this application. Stoddard moved, Nygard seconded, to recommend approval of Application #2513, Connie Piepho, 540 North Arm Drive, to permit construction of an inground swimming pool within the average lakeshore setback, and to grant a variance to the septic code and permit a drainfield site to be located less than 75* fiom the neighbor ’s well, subject to the neighbors' approval in writing prior to work being commenced on this project. VOTE: Ayes 5, Nays 0. (#3) #2549 DAVID LOVELACE, 220 BIG ISLAND - REQUEST FOR DOCK ACCESS, 7:00 p.m. - 7:37 p.m. David Lovelace. Applicant, was present. Gaffron stated this item appeared before the Planning Commission on f^ovember 15,1999, where it was tabled to allow the Big Island properly owners time to review the options and hopefully reach Page 6 COUNCIL MSETINQ MAY 0 8 2000 Cl t Y ui- UHUNO REQUEST FOR COUNCIL ACTION DATE: 4/21/00 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 ('/j 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: The City Council approved variances and a conditional use permit for Gilbert Gehle on April 24, 2000 permitting removal of an existing house and detached garage. The variances approved building of a new house behind the 75' lakeshore setback and relocating a driveway constituting greater than 25% hardcover in the 75 - 250' lakeshore setback. A copy of the approved site plan is attached to the resolution. List of Exhibits: A Resolution B Site and Grading Plan C Council Report (4/24/00) Council Action Requested: To adopt or amend the attached resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL 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 SUBDIVISIONS 19-21 FILE #2559 WHEREAS, Gilbert Gehle (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 al.owed in that zone, and to permit grading and land alterations within the 0-75' lakeshore protected area where such work is normally prohibited. Minnesota; NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2559. 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 7 1 3. 4. The Orono Planning Commission reviewed this application on February 23, 2000 and on a vote of 4 to 0 recommended approval of a hardcover variance to allow hardcover on the property in the amount of 5,725 s.f., based upon the following findings: A.The property is located on a peninsula and has two 0-75 ’ setback zones. It is not possible to locate a driveway access to the property without replacing hardcover for the new driveway. B Most vegetation on the site will be protected. One tree within the southerly 0-75' setback will be replaced by additional plantings to be located where the existing detached garage will be removed. C.Overall hardcover on the site will be reduced based on the approved site plan. Total hardcover permitted on the site is 25% of the southern 0-75' lakeshore setback and the 75-250' setback. D.All hardcover and structure within the northern 0-75' setback will be removed. No new hardcover or structure is proposed to replace any removed in the lakeshore setback. The proposed grading in the southern 0-75' lakeshore setback is required for driveway access. The house plans have been modified to lower the garage to the walkout level requiring a slope of approximately 5% for the new driveway. Less grading is required, thus maintaining a minimal slope and protection of mature trees in the southern 0-75 ’ setback. The first proposal showed a driveway slope of greater than 1 3%. Additional grading in the northerly 0-75 ’ setback will permit filling in the foundation and restoring the hillside following removal of the existing cabin. Applicant will pull the 940* contour back to accommodate a walkout level. Total grading for the walkout in the northerly 0- 75 ’ is 7.4 cubic yards. The grading is necessary as the property had been filled prior to the construction of the existing cabin and is artificially high. Pulling the 940 ’ contour back will permit the lowest floor elevation to be dropped approximately 3 ’. Page 2 of 7 5. 6. 7. 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 mc’-ely serve as a convenience to the applicant, but is necessary to alleviau 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 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 l<*vel 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 constituting hardcover on the property of 5,725 « f. per the approved revised site attached to this Resolution as Exhibit A, and further grants a Conditional Use Permit for land alterations within the 0-75' lakeshore protected zones 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 Page 3 of 7 2. 3. 4. 5. 6. 7. exceed the square footages per the site plan attached to this resolution as Exhibit A, and shall not in any case exceed 5,725 s.f. in total. 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 tfiat no additional hardcover variances will be granted in the future. Any significant changes to the approved house footprint, to the approved grading plan, or other changes which result in a plan that City staff deems to be potentially in conflict with the intent of this approval, shall be subject to further Council review. Erosion protection as may be required by the Building Inspector shall be maintained at all times. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit within one year of the date of Council approval, or this variance will expire on that date (May 8, 2001). 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. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 4 of 7 Adopted by the Orono City Council on the 8th day of May, 2000. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of May, 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 Page 5 of 7 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 2000 before me a Notary Public within and for known to mesaid county, personally appeared___________________________________ 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. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) NOTARY PUBLIC On this day of ,, 2000 before me a Notary Public within and for known to mesaid county, personally appeared___________________________________ 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. r NOTARY PUBLIC Page 6 of 7 92m ___»28 i.i...... ■®J»-. .c?". ■ " ‘- ..^«eiA0 ,-• x AT .....^ A : ' •^V_ I ^ •. 1 ' X cr*^^l\ 11.0-^;too I ^/^^c//J ^I 10.0 IV I «^ ' - ’, 3 .aiM'3 3, >e^/ / I ”S_^1W V «<•I 75 rf.l SETBACK U>^ ■ •' 1 «4^;: I i i EXHIBIT A •.«•••••• • !: ? I • !niliii^-j • • ■ • • Ci 1-^ -N : ; U';iiii- : : » * • iX N \ \ ^M*K H9*0 P^ap 7 nf 7 ! M i ! : . i ::::V;^:-Vf ''{••••• ••♦••♦• • - : :,1 % • ; : 5 1 i • ’P • • : ; : . ! ■ • ^ ; ; I: P p : i i :: P ■ • ; P • • • . *•••••••••»- : I ! ■ I *rO(h** )»• • ••••«*«•.•... ! J \ K -V Deadline: 5/17/00 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 (% 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 hardcot er 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. 2. Hardcover shaJl not exceed 5,725 square feet in the south 0-75' and 75-250' setbacks. 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 on 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 of 940'. 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 elevation. 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 *0 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 #l 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%. The garage has been lowered to the elevation of the walkout level to 940' uom 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 property 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+< P 929.4 CONTOUR LINE A ' H ^=-=B«OUR=^«<- , lake Minnetonka 92?.4 CONTOK* UC ?l aoQ.A co^«o^ -B*ED«R=-e*W:^82*^ P>R'^ 95* f&S. «950J.® 00 HAM)C0VEBJC:4LCULATI0N WORKSHEET ^ ® SETBACK ZONE: (CIRCLE ONE) Co-75'J 75-250* J->-j EXISTING HARDCOVER IN ZONE ///r A. House_____________X-----------------------------=* • ----------- Leng;th Width B. Garage C. Driveway D. Sidewalk E. Patio/Dcck F. Landscape Underlain By Plastic Or Fabric G. Other 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 B. Garage • • C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric X X X X X X X X X X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ ___ _ _^ - B X 100 Width ss CB S3 S3 as a a a s 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. % 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 B xlOO S.F. A ■ S.F. B Q.___ 13 B (r/l Ge//C€ / ’■f'hOOyl-i7-OCf TTAPnrOVER CALCULATION WORKSHEET J-2 7- SETBACK ZONE: (CmCLEONE) ____ P.XTSTING HARDCOVER IN ZONE J'Ci^TT/ A House ______________ X ----------- LtngUi Width X X X B. Garage C. Driveway X X es 8 D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X mm 8 0. Other X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____________ B X 100 PROPOSED HARDCOVER IN ZONE’ A. House _____________ '*• Length Width X X X B. narage (fSy/7 rJUC) C. Driveway scss // D. Sidewalk _____________ ^ ------------------- 8 'A E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A_ _ _ _ _ _ _- B xlOO 13 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. 5¥o S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. R7*/n S.F. A B OtL HARDCOVER CALCULATIQJl\VORKSHEET SETBACK ZONE; (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House ______________ 0-75’75-250’250-500’ 2.-/7-^^ S.F. 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/Dc'jk X X S.F. S.F. F. Landscape Underlain By Plastic Or Fabric X X X S.F. S.F. S.F. G. Other X S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ B S.F. A S.F. B xlOO PROPOSED HARDCOVER IN ZONE A. House ______________ X S.F. r/y Length Width X X X ./€ O S.F. _________S.F. S.F. B (^y:nT/>^G)SS3rtrmit} C. Driveway ______________ O S.F. X X /3 70 S.F. S.F. D. Sidewalk X X /90 S.F. S.F. E. Patio/Deck X X / C7 S.F. SI. F. Landscape Underlain By Plastic Or Fabric X X X S.F. S.F. S.F. G. Other UJ^LLS 3o S.F. TOTAL HARDCOVER R' ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ - B SF. X 100 CO/k^/*^(y O -71^ /K/SOUTU rCrrJL 13 A B r f?2S S,r. r Ll, 120 f, /". I ORONO PLANNING COMMISSION MINUTES FOR FEBRUARY 23. 2000 i486 Elaine Erickson, Continued) HawrK^ated 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 Applicant may have some issues with snow removal as well. Anderson commentem({ie road was not constructed as it was originally platted and should be located further uphill. Weinberger stated the City Engineer can review the drainage and grading plans prepared by the Applicant's engineer and makeS«(hatever recommendations are necessary. Weinberger noted the City Engineer normally does not g^out and review the site. Gaffron pointed out it would be hard to^(ell the viability of the tree at this time of year, and suggested th^ 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 theltcuctural coverage at the proposed 16 percent. Hawn stated the Planning Commission typically does not allow structural d^erage to exceed the allowable 15 percent. Hawn stated it is hard to determine the exact amount X^^^^^ver being proposed at this time, which will need to be recalculated. Gaffron suggested the Applicant lower the deck below six feet so it will not be coun^ as structural coverage. There were no public comments regarding this application. (#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 lakeshore. A variance is also required to permit a small amount of regrading within the south 0-75* lakeshore setback for a driveway. C lofS 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 wili 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 deveiopment meets ail 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 w'nether 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 ORONO PLANNING COMMISSION MINUTES FOR FEBRUARY 23, 2000 c 3 o?5 (#2559 Gilbert Gehle, Continued) Hawn inquired whether any drainage problems currenti> exist. The resident stated no. Weinberger stated any proposed retaining wail 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 will 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 properly. 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 placement of nil 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 flll 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. Hav/n indicated a conditional use permit is required if the Applicant plans to move more than 500 cubic yards of fill. Page 12 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 allow 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 woriking 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 Pianning 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 what 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 is 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 :C- Page 13 ORONO PLANNING COMMISSION MINUTES FOR FEBRUARY 23, 2000 (#2559 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 wilting 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 dnveway 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. >2561 FRANK AND BARBARA PETERSON, 1261 ARBOR STREET - VARIANCES, 9:18 pjiK -10:00 p.m. The Ceftifica^fespf Mailing and Affidavit of Publication were noted Barbara Peterson. Applicant, was present Bottenberg stated the Appihs^ts are requesting variances to permit the construction of a 28' by 32' detached garage onHtje northwest comer of their lot, which will be accessed from Minnetonka Avenue. The propehyxurrently does not have a garage. The proposed garage will be constructed where parking space is cbcrently located. The shape of the lot is such that it does not allow for the garage doors to face away^m the street. Bottenberg stated the property lies within 1.000'fqet of French Lake, v/ith the amount of proposed hardcover not exceeding the allowed 35 percent. Bq^nberg stated the detached garage will increase the structural coverage from 10.9 percent toS^,^ percent, where 15 percent is allowed. A variance is required to allow the accessory structure tob4 located five feet from the rear property line where 15 feet is required. A variance is also needed to aMpw 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 feet 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 coverageii(nit Is geared towards lakeshore properties or to the City at large. Page 14 C Sof5 . irin>* nr^rarrT*-nr'*'ii-r*—TiHi inn irn» t—a-mni IP" I—irr~n iini iiiinmi iii l■n■Tlnl■l■ n i iim iiirn ii liiirrif**nmr~-r—i-lYrr* ariinTi“» i nx n nmiiltiiiini iifii r cm iKinii. meeting MAY 0 8 2000 REQUEST FOR COUNCIL ACTION Cit Y ur Ul-fUlVO DATE: 5/5/00 ITEM NO.7 Department Approval: Name Paul Weinberger Title Zoning Administrator Adminbtrator Reviewed:Agenda Section: Zoning Item Description:«2567 Walfred Properties 2380 Shadywood Road Commercial Site Plan Review Code Amendment/Variances/Conditionai Use Permit Vacation of a portion of Navarre Lane and rezone to B-S 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 Draft Resolution approving Commercial Site Plan Draft Resolution approving Lane Vacation Review of Application The City Council approved the application for Walfred Properties for a Snyder ’s Drugstore on the Navaire Church property. Staff has drafted approval resolutions and an ordinance rezoning the portion of Navarre Lane that has been vacated. The resolutions approve the following: 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. The applicants have stated they would have a complete set of plans prior to the Council meeting. Council Action Requested: To adopt the draft attached resolutions as amended, subject to Engineering approval. 1 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 comer 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 ^sterly 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 Municip?.! Zoning Code Section 10.44, Subd. 2 to permit the commercial development of the property that includes the approval of the following variances: Page 1 of 12 1. Section 10.56, Subd. 16 (L) - Hardcover variance: A. 500-1000' (North portion of property): Zone area = 36,150 s.f. +. Proposed Hardcover = _______s.f. ±. =% Allowed Hardcover = 35% = 12,650 s.f. Jh B.500-KXX)' (South portion of property): Zone area = 10,100 s.f. jf Proposed Hardcover = _______s.f. Jb =% Allowed Hardcover = 35 % = 3,535 s.f. jf 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 commercial 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 Commission, 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. This application was reviewed as Zoning File #2567. Page 2 of 12 I 2. 3. 4. 5. 6. 7. 8. 9. The property is located in the B-S Limited Neighborhood Business District requiring 20,000 s.f. in area. The property consists of 85,000 s.f. 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 reuil 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. Page 3 of 12 10. The site is requires significant filling and grading to accommodate die proposed improvements. The proposed site grading plans have been reviewed by staff, the City Engineer, the Planning Commission, Park Commission and 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 (Count>' 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 magnitude 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 Page 4 of 12 15. 16. 17. 18. 19. Navarre Lane, eliminating neighborhood traffic concerns; sufficient setback and vegetative bu^ering along the Olive Avenue boundary and the northerly boundary of the site; creation of a pedestrian pathway through the site to allow the neighborhood easy access to the commercial areas in Navarre. The Council finds 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 b. 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. Page 5 of 12 CONCLUSIONS, ORDER AND CONDITIONS NOW, THEREFORE, BE IT RESOLVED that the City Council of the City 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 Page 6 of 12 i » . ..i«> . 111 > y 11 I j I tin '■ Mil ii law II'' t'l n II I h <' iiim~>in < r Ml ~iTTrrrir~r‘“ — - — — - --------------------- - - 3. 4. 5. 6. 7. 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. 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 Ciry 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 Ae 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 Page 7 of 12 Till ■ ■ I along Shady wood 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 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. 9. 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. 10. No future business shall have a public entrance through the rear (Olive Avenue side) of the building. 11. No formal approval for shared parking agreements between this property and adjacent commercial properties has been approved for this site. 12. 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. 13. 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. 14. Prior to issuance of a building permit, applicant shall provide suitable evidence of property ownership acceptable to the City Attorney. 15. 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. Page 8 of 12 16. 17. 18. ATTEST: 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 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, 2(X)1). 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. 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 8th day of May, 2000. Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) Property Owner(s) Page 9 of 12 Pt4f «VMriftlIiLfli. vm J tMnc STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ss. ) The foregoing instrument was acknowledged before me on this 8th day of May, 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 Page 10 of 12 1 11 n in ii in n'— nil nai i~»n m ■ i STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this_______________ within and for day of said ___________2000 before me a Notary Public 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 11 of 12 1 STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) On this day of 200 _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 Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of 200 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 Public Page 12 of 12 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 w'ith 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 3 .Ibaa # • « 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 Propcmes is hereby granted by the Council of the City of Orono and that the unimproved lane legally descnbed above is hereby vacated subject to the following condition: A. The vacation will not be recorded without the underlying property owners granting 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 May 8, 2000. ® ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Gabriel Jabbour, Mayor The foregoing instrument was acknowledged before me on this 8th day of May, 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 2 of 3 REQUEST FOR COUNCIL ACTION »Mf5iL meeting MAY 0 8 2000 UllT Ur UMUNO DATE: 5/2/00 ITEM NO.:s ’ Department Approval: Name Paul Weinberger Title Zoning Administrator/Planner Administrator Reviewed:Agenda Section: Zoning Item Description:#2570 George Stickney 2590 Countryside Drive Variances Zoning:RR-IB, One Family Rural Residential, 2 Acre Minimum lot size Application: Variances to permit construction of a tennis court and 10* fence. List of Exhibits: A B C D Resolution/Attached Site and Grading Plan Landscaping Plan Planning Commission Draft Minutes (April 17, 2000) Planning Report Application: George Stickney is the applicant and owner of property located at 2590 Countryside Drive. He has applied for a variance to permit construction of a tennis court 30' from the rear property line, where 50' is required, and a second variance to permit the fence around the court to be 10' in height where 6' is permitted. In the statement of hardship the applicant has stated the fence is required to be over 6' to accommodate a tennis court. The following variances are required: Section 10.03, Subdivision 14(D) prohibits tennis courts from being located within the required rear yard setback. In the RR-IB zoning district the required setback is 50'. Section 10.03, Subdivision 15 (E) prohibits fences to exceed a height of 6' in the rear yard setback. Planning Commission Recommendation: The Planning Commission voted 4 to 0 to recommend approval of variances to permit construction of the tennis court as proposed subject to the condition the applicant submit a landscaping plan with the intent to screen the tennis court and fence from the adjacent properties to the north. f' *1 > • Surrounding Properties: f The property is located in the RR-IB two acre zoning district requiring the following setbacks for tennis courts: Front - 30 ’ minimum and not within the required 50' front yard nor between the front lot line and the principal structure on the property Side - 30* minimum and not within the required 30' side yard area Rear - 30 ’ minimum and not within the required 50' rear yard area The two adjacent properties to the north (2575 and 2605 Thoroughbred Lane) would be those most impacted by the encroachment into the rear yard setback. The tennis court is proposed to be located approximately 235 ’ to the residence located at 2605 Thoroughbred Land and would be approximately 270' to the residence located at 2575 Thoroughbred Lane. Surveys for both properties are attached to the report. According to the City’s most recent topographic maps the tennis court would be located about 22 ’ lower than the two residences on Thoroughbred Lane. The elevation of the tennis court would be at 1007' and the average floor elevation of the residences is approximately 1029 ’. Staff Recommendation: To adopt the attached resolution approving variances as proposed. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (D) AND SECTION 10.03, SUBDIVISION 15 (E) FILE NO. 2570 WHEREAS, George Stickney and Jane Oliverius, husband and wife, (hereinafter "the applicants") are owners of the property located at 2590 Countryside Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 2, Block 1, Countryside Manor 2nd Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Plaiming Codes, the Orono Planning Commission held a public hearing on April 17,2000, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the £^)plicants have applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 14 (D) to permit construction of a tennis court 30' from the rear lot line where 50' is required, and Section 10.03, Subdivision 15 (E) to permit a 10' fence to be constructed in the rear yard where 6' is permitted. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1 . This application was reviewed as Zoning File #2570. 2. This property is located in the RR-IB Zoning District, where 2 acres or 87,120 s.f. is the minimum lot area. The property consists of approximately 2 acres. Page 1 of? 3.The Orono Planning Cornmission reviewed this application on April 17,2000 and recommended approval by a vote of 4 to 0. 4. The Planning Commission made the following findings of fact: A.The two adjacent properties to the north (2575 and 2605 Thoroughbred Lane) would be those most impacted by the encroachment into the rear yard setback. The tennis court is proposed to be located approximately 235' to the residence located at 2605 Thoroughbred Land euid would be approximately 270' to the residence located at 2575 Thoroughbred Lane. B.According to the City ’s most recent topographic maps the tennis court would be located about 22' lower than the two residences on Thoroughbred Lane. The elevation of die tennis court would be at 1007' and the average floor elevation of the residences is approximately 1029'. C.Because the sun is generally located in either the east or west sky it has been an industry standard that tennis courts are constructed to direct play north and south. To accommodate a court on this property and properly align the court it has become necessary to encroach 20' into the rear yard setback. There is a large portion of the property that is not developed to the rear of the house that could not be used for a tennis court due to the primary mound septic system being located in that area. D.Accessory strucnres cannot be located closer to the street than the house. Based on the coin location and conditions by which it must be constructed, it is not possible to locate a tennis court on the property without requiring a setback variance to the rear yard. E.The applicant has addressed the hardship associated with the fence height exceeding 6' to a\oid tennis balls from going over the fence, thus requiring a 1 O' fence. Locating the tennis court 20' into the rear yard setback is the only Paee 2 of7 1 location available to accommodate a standard size court due to the septic system being located behind and east of the house. Homes impacted by the rear yard setback encroachment are located 235* and 270* from the north comers of the proposed tennis court. The court would be 20* lower than the average main floor elevation of both houses. 5.The City Council finds that the conditions existing on this property are pieculiar 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 is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; 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 10.03, Subdivision 14 (D) to permit construction of a tennis court 30 ’ from the rear lot line where 50 ’ is required, and Section 10.03, Subdivision 15 (E) to permit a 10 ’ fence to be constructed in the rear yard where 6’ is permitted. Approval is subject to the following conditions; 1.Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. Page 3 of 7 2.Final Landscaping shall be in conformance with the Landscaping Plan attached to this resolution as Exhibit B. Final landscaping shall be installed prior to final inspection of the court and fence. 3.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (May 8,2001). 4.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5.The undersigned 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 City Council of the City or Orono, Minnesota at a regular meeting held on the 8th day of May, 2000. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner (s) Page 4 of 7 J 1 I STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of May, 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. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Notary Public On this day of.2000, 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 Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this__________day of____., 2000, 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 Public Page 5 of? HLNNLHN UUUNIY, MINNLbU 1 A EXHIBIT A Bk>ck 2. COONTRYSlOC MANOR 2ND ADOtTON 9notes iron morktr ftt •ootfs iron marker foor^ enotes tMteting spot tlevotioa moon too lovft dotum ofiotot proposed spot elevotion, moon too level dotum ]S thown ore bosed upon on otsumod dotum.Page 6 of 7 EXHIBIT B V PROPOSED j tenmis COURT © SPRUCE OR PINE AT ihstalution xllustration shows TREES AT MATURITY Spaced is - is' ctr .to ctr . SCALE TvSO' ST ICKNEY RESIDENCE 2SRO countryside dr . ORONO. MN. SSiSto J « SCPTC VCNTI O / Page 7 of 7 T 1 ORONO PLANNING COMMISSION MINUTES FOR APRIL 17» 2000 (Recess taken from 9:03 p.m. -9:10 p.m.) * («7) #2569 W. DUNCAN MACMILLAN riLLIAM WALDRON. 1860 FOX STREET. AFTER-THE-FACT CONDITIONAL USE PERMIT Due to the absence of the Applicants, this item was not heard at this tli id follows item #13. NEW BUSINESS (#8) #2570 GEORGE STICKNEY, 2590 COUNTRYSIDE DRIVE - VARIANCES. 9:10 p.m. - 9:20 p.m. George Stickney, Applicant, was present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicant is requesting variances to permit construction of a tennis court and a ten foot fence. The Applicant is proposing to construct a tennis court 30 feet from the rear property line where 50 feet is required, and a second variance is required to permit the fence around the tennis court to be 10 feet in height where 6 feet is permitted. Weinberger stated the properties located to the north at 2575 and 2605 Thoroughbred Lane would experience the most impact by the encroachment into the rea*" yard setback. The tennis court is proposed to be located approximately 235 feet to one of the residences and 270 feet to the other adjoining residence. The tennis court would be located about 20 feet lower than the two residences on Thoroughbred Lane. Generally tennis courts are constructed in a north/south fashion due to the location of the sun in either the east or the west sky. Weinberger stated in order to accommodate a court on this property and properly align the court, it is necessary to encroach 20 feet into the rear yard setback. There is a large portion of the property that is not developed to the rear of the house that could not be used for a tennis court due to the primary mound septic system being located in that are. Weinberger no grading within 20 feet of the septic site is allowed. Pa;»c 24 ORONO PLANNING COMMISSION MINUTES FOR APRIL 17,2000 Weinberger stated the Applicant has addressed the hardship associated with the height of the fence by indicating a six foot fence would not be adequate to contain tennis balls from going outside the court and onto the adjacent properties. Weinberger noted this residence is located close to the end of a cul-de-sac and is not in close proximity to other residences. Stickne.. stated the two variances he requires are to the setback and to the height of the fence. Stickney stated he is proposing to construct the tennis court at a lower grade which will have lesser impact on the two adjoining residences as well as plant a number of trees in the area as a buffer. Haw': inquired whether he has spoken with any of his neighbors regarding this project. Stickney stated he sent a letter to all the neighbors and has spoken to all but one. Stickney noted he has not heard any negative comments regarding this project. Stoddard inquired whether the Applicant would be willing to reduce the height of the fence at all. Stickney stated with the proposed grade, the tennis court and fence will not be visible to the adjoining residences. Stickney reiterated he will be planting a number of pine trees in this area to act as screening. Nygard inquired whether any other tennis courts have been constructed in Orono with a fence that exceeds six feet. Weinberger stated it was his understanding there have been some tennis court fences erected that exceed six feet. Weinberger noted a variance is needed for the ten foot fence. Weinberger stated in light of the fact that a variance is being requested. City Staff could require certain types of trees be planted around the tennis court area. There were no public comments regarding this application. Hawn requested a landscape plan be submitted for review and approval prior to City Counci! approval. Stickney indicated he w. hjh} r-e willing to comply with that request. Hawn moved, Stoddara seconded, to recommend approval of Application #2570, George Stickney. 2590 Countryside Drive, granting of a variance to permit construction Page 25 r ORONO PLANNING COMMISSION MINUTES FOR APRIL 17, 2000 Of a tennis court 30 feet from the rear property line and granting of a variance to pern at the fence around the court to be 10 feet in height where 6 feet is permitted, subject to the Applicant submitting a landscape plan for review and approval by City Staff prior to the application being heard by the City Council. VOTE: Ayes 4. Nays 0, Nygard Abstained. («9) nS71 DOUG AULT AND JIM GINTHER, 2739 SHADYWOOD ROAD, CONDITIONAL USE PERMIT ^D AFTER-THE-FACT VARIANCE, 9:21 p.m. - 9:35 p.m. The Applicant^ere not present. The Certificate of ndailing and Affidavit of Publication were noted. Weinberger stated th^pplicants are requesting a conditional use permit and variance to permit a 'dock lot* for two dock slip^ithin Tract U, and an after-the-fact variance to permit expansion of a parking area constituting additional hardcover within 75 feet of the OHWL of lake Minnetonka, Weinberger indicated the dock loiVwere created as part of Registered Land Survey No. 415. Currently both Applicants have a 50 pVcent interest and one dock slip. Weinberger stated the variance to hardcover is required due to the expansion of the existing gravel parking area. Weinberger stated basically the Applicants ar^equesting a similar conditional use which was previously approved for some of the other lots in the area in 1985. At that time a subdivision occurred in that area where it was assumed that each n>t within the subdivision would have a dock lot for storing of a boat. None of the dock lots were ever l^ally combined with the residential lots nearby and eventually were sold off separately and are held in\rivate ownership. Weinberger noted Tract U. which is the subject of tonight's application, was recently torned into non-residential ownership. Jim Zimmerman. 2735 Shadywood Road, stated he has some concerns h^ould like to note on the record. Gaffron stated since the Applicant is not present at this time, and although the neimbors have waited patiently to comment on this application, he would question the appropriatenes^f taking Page 26 . r«L<lIAUn f> vt TjI^i-i f VIT-.w* 'u».'VCr»« ; c._ 2 TO: FROM: DATE: RE: Chair Hawn and Orono Planning Commissioners Ron Moorse, City Administrator Paul Weinberger, Zoning Administrator/Planner March 20,2000 #2570 George Stickney 2590 Countryside Drive Variances Zoning:RR-IB, One Family Rural Residential, 2 Acre Minimum lot size Application: Variances to permit construction of a tennis court and 10* fence. List of Exhibits: A B C D E F G H I J Application Plat Map Site Survey Septic As Built Original Septic Site Locations Primary/Altemate '/i Section Map Site Survey 2575 Thoroughbred Lane Site Survey 2605 Thoroughbred Lane Topographic Map Property Owners Notification List Application Summary: George Stickney is the applicant and owner of property located at 2590 Countryside Drive. He has applied for a variance to permit construction of a tennis court 30' from the rear property line, where 50' is required, and a second variance to permit the fence around the court to be iO' in height where 6' is permitted. In the statement of hardship the applicant has stated the fence is required to be over 6* to accommodate a tennis court._______________________ ANALYSIS Pertinent Code Sections: Section 10.03, Subdivision 14 (D) prohibits tennis courts from being located within the required rear yard setback. In the RR-1B zoning district the required setback is 50'. §2570 Ctorgt Stickney 3390 Countryside Drive idrtances April1 7. 2000 poge-l Section 10.03, Subdivision 15 (E) prohibits fences to exceed a height of 6'. Surrounding Properties: The property is located in the RR-IB two acre zoning district requiring the following setbacks for tennis courts: Front - 30' minimum and not within the required 50' front yard nor between the front lot line and the principal structure on the property Side - 30' minimum and not within the required 30' side yard area Rear - 30' minimum and not within the required 50' rear yard area The two adjacent properties to the north (2575 and 2605 Thoroughbred Lane) would be those most impacted by the encroachment into the rear yard setback. The tennis court is proposed to be located approximately 235' to the residence located at 2605 Thoroughbred Land and would be approximately 270' to the residence located at 2575 Thoroughbred Lane. Surveys for both properties are attached to the report. According to the City’s most recent topographic maps the tennis court would be located about 20' lower than the two residences on Thoroughbred Lane. The elevation of the tennis court would be at 1009' and the average floor elevation of the residences is approximately 1029'. Court Location: Because the sun is generally located in either the east or west sky it has been an industry standard that tennis courts are constructed to direct play north and To accommodate a court on this property and properly align the court it has beconic ' s** <o encroach 20' into the rear yard setback. There is a large portion of the property that is not developed to the rear of the house that couid not be used for a tennis court due to the primary mound septic system being located in that area. Accessory structures cannot be located closer to the street than the house. Based on the discussion in the previous paragraph it is not possible to locate a tennis court on the property without requiring a setback variance to the rear yard. Statement of Hardship: The applicant has addressed the hardship associated with the fence height exceeding 6' to avoid tennis balls from going over the fence, thus requiring a 10' fence. Locating the tennis court 20' into the rear yard setback is the only location available to accommodate a standard size court due to the ft2570 George Stickney 3590 Countryside Drive Variances AprtUT, 2000 page-2 septic system being located behind and east of the house. Homes impacted by the rear yard setback encroachment are located 235' and 270' from the north comers of the proposed tennis court. The court would be 20' lower than the average main floor elevation of both houses. Planning Commission Options for Action: 1. 2. 3. 4. Approval of variances based on the Statements of Hardship. D- lial of variances, stating reasons. Table, requesting further information and provide direction to the applicant. Other Action. 7 ^4^ $2570 Cior^ Shckney 3590 Countrystde Drive Vartances April1 7. 2000 pagt-3 A ApplicadoD _____ Date Received" yh'-lhc Amount Paid -^2^0 C^TY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 (SSO.OO per each additional variance) Renewal Variance Fee SI50.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION . . Site Address______'7-S'^O CoyArysi Oftf/vCb Property Identification Number (P.I.D.)___________________^________ Attach legal description to application ;f not included on required survey Date Property Acquired,'T.lqH (month/year) I (do) (do not) also ov-n the adjacent parcels of land. Present use of property: <y residential ___other (specify). Zoning District:____________________________________ applicant Name /y?a r Address: 2^>~Mb •0>' clfo/ew Phone (home). Phone (work)_ City:Zip: SS-iSf OWNER (if different than applicant) Name ____________________ Phone (home). Phone (work). Address:City:.. Zip:. DESCRIPTION OF REQUEST Describe request in detail: Estimated Construction Cost $1 uonsi Coi/A ^ kj A V 0 01 (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area ___Lot Width Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSfflP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual prope^ condi^ns preventog compli^ce with Zoning Code requirements: ^ ^ —CMCl— iaJ."L _________________________________—— (attach additional sheets if necessary) 6 4~ I 17- ^3 B // 'r' « y y 257 ' • ./'I , • • CERTIFICATE OF SURVEY FOR GEORGE STICKNEY OF LOT 2. BLOCK 1. COUNTRYSIDE MANOR 2ND ADDITION HENNEPIN COUNTY, MINNESOTA S 89*51* 40" E 274.53 • •* tfgAL rr ? Lot 2. Bock Z. COU«TAYSOC UAUC^ A^TiCm • • • i . ; 4 • ; 90f^ marker Mt • ; atnolM oar* marker 0Mringi th««n TN« •Meet to th«v IM bOUM'tt (h« d>Ovt >op#rly. .||w 9^ ond th« pro^i»4 b««tlon of ft»o proposttf thvo«c. R. dOM fiOi 'BfpokX to erom or*y othor Wfiprowmviif or roocMninti. . i ••_____« .• t*.pH" PSTO Cajr^hysTck Cv; D • « I • t: i! • \ I, I II V I I : ' ti k !yAveJO A^€‘A \ lOOOyX’ /&oO jfX /I B T, ^ai' #wcr Vi "Tv “»1-7'v: •ur 31*Ml-’ • 7 3 3T vv COJ^TttrfSf^^ RUN DATE RS/tS/tt MTCH 5*1 HENNERZN COUNTY PROPERTY INFORNATION SYSTEM PROPERTY OMNERS LIST REPORT NO. PlASMRl PACE 1 PROP AOOR ONNER NAHi TAXPAYER NAHE/AinR PROP AODR ONNER NAME TAXPAYER NANE/AOOR PROP AOOR ONNER mane TAXPAYER NANE/AOOR PROP AOOR ONNER NAME TMCPAYER NANE/AOOR M M-117-2S 11 «M9 ••IAS MANOR CIR K S NASSAUER I X B NASSAUER KERRY S A K1 NASSAUER IAS MANOR CIR LONO LAKE HN S5S5A SA OA-117-2S 11 ••!• •2SA0 COUNTRYSIDE DR 0 STXCKNEY S J OLIVERIUS 0 STXCKNEY A J OLIVERIUS 259A COUNTRYSIDE DR LONG LAKE HN 5SS5A SB AA-llT-RS 11 ••!! •2565 COUNTRYSIDE DR T 0 MICH ACE NXCN THOMAS 0 NXCN 2565 COUNTRYSIDE DR LONO LAKE NN 55S56 > I . ' M •A-117-2S 11 SSEA •2525 THOROUCHBRED LA BRADLEY E A NARY J BARKEN BRADLEY E A MARY J BAKKEN 2525 THOROUGHBRED LA LONG LAKE NN 55S56 SB BA-117-2S 11 BBEl •2575 THOROUGHBRED LA ANDREN G ESTOCLET ANDREN G ESTOCLET 2575 THOROUGHBRED LA LONG LAKE HN 55356 SB BA-117-2S 11 ••22 •26B5 THOROUGIttRED LA J A ERLANDSON A R ERLA JOHN A A RONV ERLANDSON 26B5 THOROUGHBRED LA LONG LAKE HN 55S56 SB •6-117-2S 12 •••• •2615 COUNTRYSIDE DR D BECKSTRON A K BECKSTROM DARRELL A KENNYN BECKSTRON 2615 COUNTRYSIDE DR LONG LAKE HN 55356 3B A6-117-2S 12 AB15 •26SB COUNTRYSIDE DR W TODD B A KATHERINE H URNESS TODD B A KATHERINE N URNESS 2636 COUNTRYSIDE DR H LONG LAKE MN 55356 SB AA-llT-ES 16 AABB •2555 COUNTRYSIDE DR S A A SCHNEBLY S E A A L SCHNEBLY 2555 COUNTRYSIDE DR LONO LAKE HN 55356 TOTAL BATCH 5A1 ••••• I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT AP/EARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF I’ROPERTY TAXATION, TO THE BEST OF NY KNOULEOCE AND BELIEF. DATE •■ibloc) BY C'^UNCIL MEETING Application Date: 3/22/00 Completion Date: 3/22/00 60 Day Deadline: 5/22/00 MAY 0 6 2000 Cl I y Uh OHONO REQUEST FOR COUNCIL ACTION DATE: 5/8/00 ITEM NO.? Department Approval: Name Wendy Bottenberg Title Assistant Zoning Administrator/Planner Administrator Reviewed:Agenda Section: Zoning Item Description:#2572 Steve and Karen Morkrid 2314 Shady wood Road Variance Zoning District: LR-IC One Family Lakeshore Residential District (1/2 Acre) Lot Area:6,600 s.f. (.15 acre) List of Exhibits: A B C D Resolution Notice of Planning Commission Action Draft Minutes of Planning Commission Meeting (4/17/2000) Staff Report and Exhibits of 4/17/2000 Application: The applicants are proposing to remodel the second stoiy and raise the roofline of the existing house. The scope of the project involves removing the roof and bumping out the walls of the second story, eliminating the dormers. Another bedroom will be added to the additional living space on the second stor>’. The first story walls and foundation will remain. The roofline will be at a different angle and slightly higher than presently exists, but still within City zoning code requirements. The existing roof is flat in several areas and the new roofline will eliminate leaking that presently occurs into the house. The requested variances are for: 1. Section 10.03, Subd. 14 (C): Lot Coverage; In all zoning districts, for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15% of the lot area. Variance Request: To permit 1,763 s.f. (26.7%) lot coverage, where 1,763 s.f (26.7®/o) exists and 990 s.f (15%) is allowed. (NO CHANGE). 2. Section 10.22, Subd. 2, and Section 10.56, Subd. 16 (L)(2): Lakeshore Hardcover: Within 500- 1000' of the shoreline there shall be no greater than 35% hardcover. Variance Request: To permit a hardcover variance to allow 2,449 s.f (37.11%), where 2,449 s.f (37.11%) exists and 2,310 s.f (35%) is allowed. (NO CHANGE). JU . • • : 3. Section 10.25, Subd. 6 (B): Front Yard: The minimum requirement for front yard setback in the LR-IC zoning district is 30' is required. Variance Request: To permit a front yard setback of 7' for second story expansion where 30' is required. (Existing first story is 7' from lot line). 4. Section 10.25, Subd. 6 (B): Side Yard: The minimum requirement for side yara setback in the LR-IC zoning district is 10'. Variance Request: To permita side yard setback of 2.4' for the second story expansion where 10' is required. (The first story exists at a setback of 2.4'). PLANNING COMMISSION: The Planning Commission recommended by a 5 to 0 vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. I. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODES SECTION 10.03, SUBDIVISION 14 (C) AND SECTION 10.22, SUBDIVISION 2 (B) AND SECTION 10.25, SUBDIVISION 6 (B) SECTION 10.56, SUBDIVISION 16 (L) (2) FILE #2572 WHEREAS, Steven R. Morkid and Karen Morkid (hereinafter "the applicants") are owners of the property located at 2314 Shady wood Road within the City of Orono (hereinafter "City") and legally described as follows; Lot 15, and the Northwesterly 5.00 feet of Lot 16, Wiley’s Navarre addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on April 17, 2000 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and W'HEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 14 (C) to allow 1,763 s.f. (26.7%) lot coverage where 1,763 s.f. (26.7%) exists and 990 s.f. (15%) is allowed; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow 2,449 s.f. (37.11%) of hardcover in the 500- 1000’ setback area where 2,449 s.f. (37.11%) exists and 2,310 s.f. (35%) is allowed; Section 10.25, Subdivision 6 (B) to permit a front yard setback of 7' where 30’ is required and a side yard setback of 2.4' where 10' is required to permit remodeling of the second floor and raising the roof line of the existing residence. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 6 1. 2. 3. 5. 6. FINDINGS This application was reviewed as Zoning File U2572. The property is located in the LR-IC, Lakeshore Residential Zoning District requiring .5 acre in area. The property consists of total area of 6,600 s.f or .15 acres. The Planning Commission reviewed this application on April 17, 2000 and recommended approval on a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The footprint of the residence is not increasing. B. The hardcover and structural coverage are not increasing, C. D. E. The residence was constructed prior to current zoning standards. The lot is small compared to the LR-IC zoning district standard. The raising of the roofline will not adversely affect the neighbor to the south. 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, ligh., air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, 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 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 Page 2 of 6 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 10.03, Subdivision 14 (C) to allow 1,763 s.f. (26.7%) lot coverage where 1,763 s.f. (26.7%) e.xists and 990 s.f. (15%) is allowed; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow 2,449 (37.11%) of hardcover in the 500-1000' setback area where 2,449 s.f. (37.11%) exists and 2,310 s.f. (35%) is allowed; Section 10.25, Subdivision 6(B) to permit a front yard setback of 7' where 30' is required and a side yard setback of 2.4' where 10' is required to permit remodeling of the second floor and raising the roofline of the existing residence. Approval was subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be e.xercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (May 8, 2001). 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 themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 6 Adopted by the Orono City Council on this 8th day of May, 2000. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foiegoing instrument was acknowledged before me on this 8th day of May, 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. i Notary Public 1 11 Page 4 of 6 STATE OF NiINNHSOTA ) ) ss« COUNTY OF HENNEPIN ^ On this day of for said county, personally appeared 200_before me a Notary Public within and 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. i Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of for said county, personally appeared 200_before me a Notary Public within and 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 5 of 6 i Exhibit A CERTIFICATE OF SURVEY FOR STEVEN MORKRID IN LOTS 15 &: 16. WILEY'S NAVARRE ADDITION HENNEPIN COUNTY, MINNESOTA \ irCAL DESCPPTlgS or "-FVISgg ! Lot 15. end the Ncrth.Ati'.srly 5.CC feet of Lot 16, Wiley* s Ncvc"« Adeit’cn. o : deno:«i iron merger set • : de'-otes iron mcrM*r found Be cringe shown ore best: upon cr. cssumed datum. .LL C^. r •' r V O iT U •'-<=8^ Page 6 of 6 This survey intends to trc«t the tcirdories of the obove described property, the ccotion cf cn existing house and gerege, end the Iccollc* of c3 v st e ’'hcrdcover** thereon. It does not purport to irew cry ether improvements or encrocchrr.ents. H 'tsm COFFIN & GRONBERG. INC. OOfilllC OOQft SI! miMimami iMuittfiSSB I12-473-4H1 I fwdy ortSf Oel ths snty la pnpei:‘te or jcr try drcct spe- vinr\ ed 5d I on a diy ri^.ircd On od Ijvf Siveyer eds the lovs of the State of Urrescti -3t: .r>:< krxer 127Ss SdAL£ r-20* OATb 11-8-99 X8 Na 99-416 b CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 612-249-4600 ZONING FILE # 2572 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: April 18,2000 TO:Steve and Karen Morkrid 2314 Shadywood Road Wayzata, MN 55391 COPIES: TYPE OF APPLICATION: Variance DATE OF MEETING: April 17,2000 VOTE: 5 FOR AGAINST Planning Commission recommends the following: Approval as submitted. Applicant's next scheduled meeting is confirmed as: City Council on May 8,2000 at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. ,a„ning Commission v.i,i only be reviewing .his property a, .his Ume. mis a unique si.ua.ion is .ha. .his is a con.inuert use o. a dock and whic!) may have some grandfather rights lal structure. Hawn stated Weinberger stated what m localed on property which has a princlpaf4lr^lum where .he olher lote are vacan. and do no. have a There were no turther public commenls regarding .his applicahS Urtdquls. moved. Hawn seconded, .o «b.e App.ica.ion «571. Doug Jim Gin.her. 2739 Shadywood Road. VOTE: Ayes 5. Nays 0. ,910, .2572 STEVE MORKR.O. 2314 SHAOWVOD ROAD - VAR.ANCES. 9.39 p.m. - 9:39 p.m. Steve Morkrid. Applicant, was present. The certmca.e of Mailing and Affidavi. of Publicalion were need, thereby eliminating the dormers. T man presenliy exisls .o help eiimina.e leaking .ha. presen.,y occurs in.o .he house. no nn the lot Will not be changing but requires a variance to Bottenberg noted the struaural coverage on a„ow 26.7 percen. .o. coverage where ,6 percen. is allowed. Bohenberg s.a.ed .he ex,s, nardcover in .he SOO-.OOO' selback area is no. changing since .he foCprin. of .he house ,s ^ no. Changing, bu. a variance .o iakeshore hardcover is required because .ho n .hio 35 oercent A variance is needed to permit a front yard 37 11 percent exceeds the allowable 35 percent, m ^ horo 30 feet is required. Bottenberg noted selback of seven fee. for .he second s.ory expans,on where 30 me exisllng firs, s.ory is seven fee. from .he io. Irne. Ciiv Slalf is recommending approval ol .he variances. ::: ,ndlca.ed .hey wouid iike .0 add anolher bedroom .0 accommoda.e a new se. „ Oan Lager. Con.raCor. s.a.ed .he proposed addilion wii, help .0 improve .he appear nouse and eiiminale .he leaking currenliy being experienced in.o .he house. PURC 2*> t ===----------------------------------------------------------------„ . .„14Sha.,wo.dR.a<.,g.an«ngo,va,„nc.s.o.o.c.ve,ag.,UKes.o,. Morkrid. 2314 sn y *h<. second floor and raising hardcover and front yard setback to permit remode mg a,.b.roonin.,s«bi.cttotbe condition tbattbeesistingbardco VOTE: Ayes 5, Nays 0. O.V.O ft.0 M.RT. BbOOCHTT. ,3.0 R.S. PO.T HO.O - V« - 9:58 p.m. ti',e David^N?®*^- Applicant, was present. doesL abut a maior tnorougbiare. X—^ ,00. beigm, C, coda ^pp^vai. which is a section beginning from designated on a sicvey the area requ. ,o, une street lot tine and continuing aiong the southeast^t will not esceed 3.5 feet. Xj-ave already been instatled. noting Bottenberg stated some posts and some ot the tence me City Building 0.1 :ial did request that the Applicant cease ^ •____ A tn 6 1/2 fOO Bottenberg stated in ,050. a e,g v ■ . ^ ^ ^ at 1374 Rest Point Road, and m 1996, a heigh. \ the propeny owner a, 1375 Res. Point Read. Cty Stat, IS recommending approval o. a heigh, vahance to construct tence. P;l»C 3I> /c D TO;Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Assistant Zoning Administrator/Plaimer DATE; SUBJECT: April 17,2000 #2572 Steven/Karen Morkrid 2314 Shady wood Road Viuiance -- Public Hearing Zoning District: LR-1 C Lot Area: One Family Rural Residential District (1/2 acre) 6,600 s.f. (.15 acre) Lbt of Exhibits A Analysis Worksheet B Application C Site Plan/ Survey D Floor Plan/Elevations E Hardcover Calculations F Plat Map G Location Map H Photo of Property I Property Owner ’s List J Permit Record Pertinent Code Sections: 1. Section 10.03, Subd. 14 (C): Lot Coverage: In all zoning districts, for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15% of the lot area. Variance Request: To permit 1,763 s.f. (26.7%) lot coverage, where 1,763 s.f. (26.7%) exists and 990 s.f ( 15%) is allowed. (No Change). 2. Section 10.22, Subd. 2, and Section 10.56, Subd. 16 (L)(2): Lakeshore Hardcover: Within 500- 1000’ of the shoreline there shall be no greater than 35% hardcover. Variance Request: To permit a hardcover variance to allow 2,449 s.f (37.11 %), where 2,449 s.f (37.11 %) exists and 2,310 s.f (35%) is allowed. (No Change). 3. Section 10.25, Subd. 6 (B): Front Yard: The minimum requirement for front yard setback in the LR-IC zoning district is 30’. Variance Request: To permit a front yard setback of T for second story expansion where 30' is required. (Existing first story is T from lot line). ^2572 Steve/Karen Morkrid 2314 Shadywood Road Variances 4/17/2000 Page 1 4. Section 10.25, Subd. 6 (B): Side Yard: The minimum requirement for side yard setback in the LR-IC zoning district is 10'. Variance Request: To permit a side yard setback of 2.4' for the second story expansion where 10' is required. (The first story exists at a setback of 2.4'). Application Summary: The applicants are proposing to remodel the second story and raise the roofline of the existing house. The scope of the project involves removing the roof and bumping out the walls of the second story, eliminating the dormers. Another bedroom will be added to the additional living space on the second story. The first story walls and foundation will remain. The roofline will be at a different angle and slightly higher than presently exists, but still within City zoning code requirements. The existing roof is flat in several areas and the new roofline will eliminate leaking that presently occurs into the house. The structural coverage on the lot will not be changing because the footprint of the house is not changing. The existing lot coverage is 1,763 s.f (26.7%), above the allowed 990 s.f. (15%). The hardcover coverage in the 500-1000' setback area is not changing because the footprint of the house is not changing. The existing hardcover coverage is 2,449 s.f. (37.11%), which is above the allowed 2,310 s.f (35%). The lot is a through lot, defined as a lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a comer lot. On a through lot, both street lot lines shall be front lot lines for zoning purposes. For this application, the front yard setback variance is for Shadywood Road. The house is located 7.0' from the front lot line where 30' is required. The front yard setback from Olive Avenue does meet zoning requirements for front yard setback. The south side of the house is located 2.4' from the side lot line where 10' is required. The house was built prior to zoning standards being adopted. The remodeling and raising of the roofline will not change the 2.4' from the side lot line. Raising of the roofline will not adversely affect the neighbor to the south. Statement of Hardship : The applicants have included their statement of hardship in E.xhibit B. The applicants should also be asked for their testimony regarding this issue. H2572 Steve/Karen Morkrid 2314 ShadyH'ood Road Variance 4/17/2000 Page 2 1 Issues for Consideration; 1. The footprint of the residence is not increasing. 2. The hardcover and structural coverage are not increasing. 3. The residence was built prior to current zoning standards. 4. The lot is small compared to the LR-IC zoning district standard. 5. The raising of the roofline will not adversely affect the neighbor to the south. 6. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the variances to permit remodeling the second floor and raising the roof line. U2572 Steve/Karen Morkrid 2314 Shadywood Road Variances 4/17/2000 Page 3 ANALYSIS WORKSHEET Lot Area; LR-IC Lot Area Side Yard Setback Front Yard Setback (Shadywood Road) Required 21,780 s.f. (.5 acre)10'30' Actual 6,600 s.f. (.3 acre)2.4'7' ' Structural Coverage: The structural coverage is not increasing with the remodel of the second story and raising the roofline. Hardcover Calculations; The property is located within 1000' of Lake Minnetonka. The hardcover in the 500-1000' hardcover setback area will not increase with the remodel of the second story and raising the roofline. /Q Total Lot Size Total Structural Coverage 6,600 s.f.Allowed: 990 s.f (15%) Existing: 1,763 s.f (26.7%) Proposed: 1,763 s.f (26.7%) Distance from shoreline Total area in setback Allowed hardcover Existing Hardcover Proposed hardcover 500-1000'6,600 s.f 2,310 s.f (35%) 2,449 s.f (37.11 %) 2,449 s.f (37.11%) *. > i) Application # Date Received.- 3CCO CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($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) Amount Paid cA/ PROPERTY INFORMATION Site Address 3 / V $ NA ___________________ Property Identification Number (P.l.D.I " 7 -//^ - 9 ~7 Attach legal description to application if not included on required survey. Date Property Acquired V ^ ^ *7 (month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: X residentizd ___mother (specify) Zoning District: - 1 O.________________________ APPLICANT Name < t^ u'^/^) Phone (home/6/ ? ) ^/7 /-/.2 Phone (work)* Address: ? /‘V S/if) f-i City: cAr.y- C Zip:_jX15/ OWNER (if different than applicant) Name ____________ Phone (home). Phone (work)_ Address:City:.Zip:.\ ^ DESCRIPTION OF REQUES'^ Estimated Construction Cost $___ Describe request in detail: ^ / 5 ^ j^^r> o ^ »' .•. • *> (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area V- 4i.. XSetback: __Lot Width Front Side Hardcover Rear Lot Coverage Other (specify) I Average Lakeshoro^ *=‘^1.1 --------------------------------- HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusuql proTCEW con ditions p^ vrenting compliance wiUi Zoning Code requirements: ^ )5 y ^ ^lance wiUi z,onmg t. . ___________ J /4^<' jVf^ (attach additional sheets if necessary) Lm nil.It 6 CERTIFICATE OF SURVEY FOR STEVEN MORKRID IN LOTS 15 & 16. WILEY' S NAVARRE ADDITION HENNEPIN COUNTY. MINNESOTA ^' rv o tr A ^ J ^ LlGAL DgSCRPTlQN OF PRgMISgS : Lot 15, end the Northwesterly 5.00 feet of Lot 16. Wiley’s Novorre Additior). o : denotes iron morker set • : denotes iron marker found Beorings shoen ore based upon on ossumed dotunrv. This survey intends to show the boundories of the above described property, the location of on existing house and garage. ar)d the location of off visible "hardcover” thereon. It does not purport to show ony other improvements or encroochments. COFFIN k GRONBERG. INC (OBmBmBxmmmnnma mvmami uxiAmassi •tMTMm I heeby cetifT Vet tfis srvc| wi pipetd bf ce or iide m/ droct sfe- foiorv ed tM I on Q di)f rtgdcred CM Cn9m and Lend Sireyv edv thf toes of the Stote erf Ifrnesota 1 lic^ fUrber 12755 scale r-2<y DATE 11-8-99 Joe m. 99-416 QQ-4in w O'J£) O. O' lPM K to^ atXtCP'^ it Ba-IL. uJ^. .V. \ f\ wO C (^\oor ObiS'^ 7'^ •j*y ;* / #- ^r-■:.,J •: .f /« Ci O*• 3> • /W 7U^. . Ci Bac-Ic o P- 14 is ’Li^‘ wJ ^/-VN-p •' J t V i's* 9 if ^0 f ^ %Jl ■fi. U'--J5 ' Pi ’^C L •ii -#r^)' 7y .r <•o/' ^ •V*’' /f ^ ft -i. & ¥ m * *MCJ); ' -•J* /'* 1 •-• .V /.* o i • ^ Ml. s - w t '<A I H T -K ■a?' MO .-•• / •...*.r// i p/ o " ;W 4 ► i •? -i wi ♦ ' 'i « M* STei/e/u HARDCOVER CALCULATION WORKSHEET r: •*%• • V. SETBACK ZONE: (CIRCLE ONE) 0-75'75-250'250*500'500-1000' *., F-XISTINC HARPCOVER IN ZONE V ■ " f i’ fy; A'. “ House 127/ Unfch Width X X X .. r ^ V. •> j’c*-1;* ■ *. • i' B. C. Garage Driveway Z2,1 4<?Z 22.X X Od D. Sidewalk 2S.7 X X s/ IT •I?E. PatioOJeck • ■ •• X X ••7 •• •* ■'A •» •* . • ** * ‘.4J. F.Landscape Underlain By Plastic X X X ' - ’r* : •• . 7. • G. Other 'A' *• •• •••*• TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 1- B X 100 = ^600 •#*... . ' 'I-., 37, It hardcoy er jn .one •ai-Length Width ,^r, ... X X X B.Garage •4-ft ! V* 1 A Driveway 4-^' D.Sidewalk fV.: E.Patio/Deck •A- :• IT ■ .. ,y....r F.Landscape• •* ••• •Underlain ' By Plastic • - • < *4 Other A X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B X 100 '* S.F. S.F. S.F. S.F. S.F. £ p „No(2rHriitr S.F. -SoytHWuf S.F.-C&wefl«T£ S.F.-®TMFA COMC S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % A B S.F. • / S.F. . S.F. S.F. ' S.F. ■) S.F. ' - • A S.F.//" "/) S.F. i - / S.F. S.F. j^-sa S.F. S.F. S.F. S.F. S.F. S.F. % A B 19rol ^'X22 97.^^ \ .. :' \ // I -r r-- (109) 50^ '3 50 \ (4) 19 fO (20)20 S fd (21) 50 50 4^ ''-i = 7 ^ >5?> ^ ?y- ' Cr ■s-XI "483) N-/ c§/ 'V/f R-^:\ / 39 / (A2)Ao -^'' 7 (2) 0 50' ' v^: ^ ‘^'7 '^<.<' 121 Ol 0 <jl 5) (64) 50_ 50m 5 ^ (63)(62) Z'd. (•\y.z- 43. > oi 24 ui23 5) (77) (78) y-- 50D 50 26 (79) (80) 47. 46 J ___ f? (82) 0 N50 50 50 Ul (83) 50 '4/< A^m/P\lAYn ^ (31 )/^7Q XY''' S4X4 ^mSYfmY' 2</-^ /V/;'r ,:V'O A ,>6. -.' v^ 7\ '' 21'4 V/w<Y (9) CO \ (99) -r ' I \ I (93)(99) I •;>' 9' S(100)( 101) f - r'mi i-^i \ 5,1^TP \(f, S7Drr. j;.104. 5 1 >7-Pn '■i)0C NO 5^6965 '119. 5 4t, k\ r- • ^ r- M t J -rr- o r- ^ 60. • A'. lOHNS! POIMT o \U ^ s * •VS• CM V CO Crystal gj^ ^. TTSo. «/’ Dsvr* Bay .t •• liCKSON AVf I no o iOen ^ * • *% - §14^ ITWC jy ' CarmaniHi ^^WORO . V'. /'y- : {'J : i-"XCCci ' " * / '. AVI c\:\: m ^ INgj, t €77 Sf.' X-^'‘ Km r.sW^ ■'»‘v^*r- BLViiV . » « ' I «v- ,. .. I. ■ iKSi RBf,*»*- * x*w »' N V ^ »r -aV-. \h'' ■'.«<»\ V • ss?^ . 3 / /■■'■O cl wm^‘- > 9 i' 7i;V' 7 "• 7M-.’ I . • •'i V -wn'T •./ 7' ^1 ms\ ,s» ' <'-5» Ba'i. ' v-^'i •■^i..: ■ ••> ■•';*tfe ''t"*' f'-v. ♦ ’ ^' •>> •V* ,- a . i.. ... .; -:. * /-% viLr— l^'- H RUN DATE ta/ll/TT DATCN 518 HENNEPIN COUNTY PROPERTY INFORNATION SYSTEH PROPERTY OMNERS LIST REPORT NO. PMS54il PAGE 23 PROP AODR OWNER NANE TAXPAYER NAHE/ADDR 38 17-117-23 A3 0802 02204 SNADYWOOO RD DAVID T PICK DAVID T PICK 2204 SHADYWOOD RD WAYZATA NN 55301 38 17-117-23 A3 0023 03A1A LIVINGSTON AVE ROSENARY P BURNASTER ROSEHARY P BURNASTER 3A1A LIVINGSTON AVE WAYZATA NN 55301 38 17-117-23 A3 0082 00038 ADDRESS UNASSIGNED TOWN OP ORONO CITY OP ORONO PO BOX 44 CRYSTAL BAY NN 55323 PROP ADDR OWNER NANE TAXPAYER NANE/ADDR 38 17-117-23 A3 015A 03A05 LIVINGSTON AVE SHERYL A PATTEN SHERYL A PATTEN 3A05 LIVINGSTON AVE WAYZATA NN 55301 38 17-117-23 AA 0005 00038 ADDRESS UNASSIMED TOWN Of ORONO CITY OP ORONO PO BOX 44 CRYSTAL BAY NN 55323 38 17-117-23 AA 0007 0234A SHADYWOOD RD GRACE BAPTIST CHURCH/NAVARRE ADAH SNITH CONPANY 1211 BROADWAY 8200 P 0 BOX 045 ALEXANDRIA NN 54308 PRW ADDR OWNER NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NANE TAXPAYER NANE/ADDR 38 17-117-23 44 0015 00038 ADDRESS UNASSIGNED HENNEPIN PORPEITED LAND CITY OP ORONO P O BOX 44 CRYSTAL BAY NN 55323 38 17-117-23 44 0045 02328 OLIVE AVE J T JACOBSON OLD JACOBSON J T JACOBSON I L D JACOBSON 2328 OLIVE AVE WAYZATA NN 55341 38 17-117-23 44 0048 02304 OLIVE AVE W S NATUSKA I K N NATUSKA W S NATUSKA t K N NATUSKA 2304 OLIVE AVE WAYZATA NN 55391 38 17-117-23 44 0043 02344 OLIVE AVE JANES S HEITZ JANES S HEITZ 2344 OLIVE AVE WAYZATA NN 55391 38 17-117-23 44 0044 02318 OLIVE AVE PATRICK W SULLIVAN PATRICK W SULLIVAN 2318 OLIVE AVE WAYZATA NN 55391 38 17-117-23 44 0049 02300 OLIVE AVE NARGARET A WOOD NARGARET A WOOD 2300 OLIVE AVE WAYZATA NN 55391 38 17-117-23 44 0044 02338 OLIVE AVE PAUL NACKINNEY PAUL J NACKINNEY 2338 OLIVE AVE WAYZATA NN 55391 38 17-117-23 44 0047 02314 OLIVE AVE LOUISE B DAY LOUISE B DAY 2314 OLIVE AVE WAYZATA NN 55391 38 17-117-23 44 0073 02314 SHADYWOOD RD S R I K NORKRID STEVEN R I KAREN NORKRID 2314 SHADYWOOD RL WAYZATA NN 55391 .7 V ..V . t J \ PROP ADDR OWNER NANE TAXPAYER NANE/ADDR 38 17-117-23 44 0074 02324 SHADYWOOD RD RICHARD JOSEPH HAEPNER RICHARD JOSEPH HAEPNER 2324 SHADYWOOD RD WAYZATA NN 55391 38 17-117-23 44 0075 02334 SHADYWOOD RD JAB ERICSON JOHN C i BARBARA E ERICSON 1420 SHADYWOOD RD WAYZATA NN 55391 38 17-117-23 44 0074 02334 SHADYWOOD RD JOHN C 8 BARBARA E ERICSON JOm 8 BARBARA ERICSON 1420 SHADYWOOD RD WAYZATA NN 55391 H RUN DATE M/ll/M ■ATCH SM PROP AOOR OIRIER NANE TAXPAYER NANE/AODR PROP AOOR ONNER NAME TAXPAYER NANE/AODR SO 17-117-2S 04 0079 •2S41 SHAOYNOOD RO LOUISE A OANQELNOFF LOUISE A 0AN6ELN0FP 2S41 SHADYNOOD RD NAYZATA NN S5S9i SO 17-U7’2S 44 0107 02S04 SHADYNOOD RO CRAIO ALLEN RORCHARDT CRAXO ALLEN RORCHARDT 2304 SHADYNOOD RD NAYZATA HN 5SS01 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEN PROPERTY ONNERS LIST SO I7-117-2S 44 0000 00030 ADDRESS UNASSI6NE0 TONN OF ORONO CITY OF ORONO PO BOX 44 CRYSTAL BAY HN S532S REPORT NO. PX43S401 PAOE 24 TOTAL BATCH 500 00022 30 17-117-2S 44 0104 02300 SHADYNOOD RO PHYLLIS HENDERSON PHYLLIS HENDERSON 2300 SHAOYNOOD RD NAYZATA HN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AM) TRUE REPRESEinATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTNENT OF PROPERTY TAXATION* TO TW BEST OF NY KN0NLE06E AND BELIEF. . DATI ’■•s? ■'XI PERMIT RECORD Permit No. i Date Type of Permit •assrp V03 L^- f597 6u . f-i OOt/'u^ ■JLIg /•77 S^flAC>£‘ ZSZ7 fry? h*j-y/tytecH r Application Date: 3/22/00 Completion Date: 3/22/00 60 Day Deadline: 5/19/00 CO» IKICIL MEETING MAY 0 6 2000 Cl IY Uh OHOfVO REQUEST FOR COUNCIL ACTION DATE: 5/8/00 ITEM NO.: /O Department Approval: Name Wendy Bottenberg Title Assistant Zoning Administrator/Planner Administrator Reviewed:Agenda Section: Zoning Item Description: #25/5 James and Jill Cornell 2145 Watertown Road Variance Zoning District: RR-1B One Family Lakeshore Residential District (2 Acre) Lot Area:87,054 s.f. (1.99 acre) List of Exhibits: A Resolution B Notice of Planning Commission Action C Draft Minutes of Planning Commission Meeting (4/17/2000) D Staff Report and Exhibits of 4/17/2000 Application: The applicants are proposing to construct ?. 816 s.f. second story addition to the existing residence. The addition will be only on top of the southern section of the existing residence, not the entire residence. The existing residence was built before current zoning standards were adopted. The residence is currently located 26.5 ’ from the rear yard property line. The property is serviced with a septic system. The septic system is currently compliant and has a capacity for 4 bedrooms. This addition will not add to the total number of bedrooms, but rearranging them within the residence. Therefore a larger septic system is not required at this time. A detached garage was constructed on the property in 1989 not requiring variances. Structural coverage is not a concern for this property. No neighboring residences will be impacted by the 26.5* setback. The requested variance is: to permit a rear yard setback of 26.5' where 50' is required. 1. Section 10.28, Subd. 5 (B): Rear Yard: The minimum requirement for rear yard setback in the RR-1B zoning district is 50 feet. Variance Request: To permit a rear yard setback of 26.5' where 50 ’ is required. nr« uajpikv . n nr. k'rjmrikiv - j i-mihi 11 mi i • r r~r i . --’M PLANNING COMMISSION: The Planning Commission recommended by a 5 to 0 vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE #2575 WHEREAS, James D. and Jill A. Cornell (hereinafter "the applicants") are owners of the property located at 2145 Watertown Road within the City of Orono (hereinafter "City") and legally described as follows: All that part of the Northwest Quarter of Section 3, Township 117 North, Range 23 ^^'est of the 5'^ Principal Meridian, described as follows: Commencing at a point 522 feet West and 198.14 feet South from the Northeast comer of the Northwest Quarter of said Section 3; thence South on a line drawn parallel with the East line of the Northwest Quarter of said Section 3, a distance of 198.15 feet, thence West on a line drawn parallel with the North line of said Section a distance 439.68 feet; thence North on a line drawn parallel with the East line of the Northwest Quarter of said Section a distance of 198.15 feet; thence East on a straight line a distance of 439.60 feet to the point of beginning. Together with an easement for ingress and egress over all that part of the Southwest Quarter of Section 34, Township 117 North, Range 23 West of the 5“* Principal Meridian, described as follows: Beginning on the South line of said Southwest Quarter, 913.47 feet West of the Southeast comer thereof; thence West along said South line 41.00 feet; thence North 45 degrees 45 minutes West 425.7 feet to the center line of County Road Number 45; thence North 67 degrees 24 minutes East along said center line 32.63 feet; thence South 45 degrees 45 minutes East 443.60 feet to the point of beginning, and all that part of the Northwest Quarter of Section 3, Township 117 North, Range 23 West of the 5'*’ Principal Meridian described as follows: Beginning on the North line of the Northwest Quarter of said Section 3, at a point 913.47 feet West of the Northeast comer thereof; thence West along said North line 40.21 feet; thence South on a line drawn parallel to the East line of said Section a distance of 30 feet; thence East on a line drawn parallel to the North line of said Section a distance of 219.84 feet; thence South on a line drawn parallel to the East line of said Section a distance of 168.14 feet; thence East on a line drawn parallel to the North line of said Section a distance of 20 feet; thence North parallel with the East line of said Section a distance of 198.14 feet to the North line of said Section 3; thence West to the point of beginning, (hereinafter "the property"); and Page 1 of 6 WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on April 17, 2000 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 10.28, Subdivision 5 (B) to permit construction of a 816 s.f. second story addition to the residence 26.5' from the rear yard property line where 50' is required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. 3. 5. This application was reviewed as Zoning File #2575. The property is located in the RR-IB, Rural Residential Zoning District requiring 2 acres in area, fhe property consists of total area of 87,054 s.f. or 1.99 acres. The Planning Commission reviewed this application on April 17, 2000 and reconunended approval on a vote of 5 to 0. 4. The Planning Commission made the following findings of fact; A. The footprint of the residence is not increasing. B. The residence was constructed prior to current zoning standards. C. No neighboring residence will be impacted by the 26.5' setback. 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 Page 2 of 6 serve as a convenience to the applicants, 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. 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 10.28, Subdivision 5 (B) to allow construction of a 816 s.f. second story addition to the residence 26.5' from the rear yard property line where 50' is required. Approval is subject to the following conditions; 1.Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (May 8, 2001). 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 themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 6 V T i Adopted by the Orono City Council on this 8th day of May, 2000. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) OUNTY OF HENNEPIN ) ss. n The foregoing instrument was acknowledged before me on this 8th day of May, 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 Page 4 of 6 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of 200 _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 Public STATE OF MINNESOTA COUNTY OF HENNEPIN ) )ss. ) On this day of 200 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 Public I Page 5 of6 JL Exhibit A ; ^ ••i *• Page 6 of 6 7r m B CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 612-249-4600 ZONING FILE # 2575 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: April 18,2000 TO: James and Jill Cornell 2145 Watertown Road Orono, MN 55356 COPIES: TYPE OF APPLICATION: Variance DATE OF MEETING: April 17,2000 VOTE: 5 FOR AGAINST Planning Commission recommends the following: Approval as submitted. Applicant ’s next scheduled meeting is confirmed as: City Council on May 8,2000 at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. 1 I G ORONO PLANNING COMMISSION MINUTES FOR APRIL 17, 2000 Berg noted the Planning Commission is merely a recomn^ the option of appearing beforeUifiXily ’CtSunciito plead his case. (\4ichelfitti-state3Thr^sic nature of a variance tends to set a precedent Sndthat the Applicant has (#13) #2575 JAMES AND JILL CORNELL. 2145 WATERTOWN ROAD - VARIANCE, 10:14 p.m. 10:17 p.m. James and Jill Cornell, Applicants, were present. Bottenberg stated the Applicants are proposing to construct a 816 square foot second story addition 13 TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Assistant Zoning Administrator/Planner DATE: SUBJECT: April 17, 2000 #2575 James/Jill Cornell 2145 Watertown Road Variance -- Public Hearing D Zoning Dbtrict: RR-1 B Lot Area: One Family Rural Residential District (2 acre) 87,054 s.f. (1.99 acre) List of Exhibits A B C D E F G H I Analysis Worksheet Application Site Plan/ Survey Floor Plan/Elevations Plat Map Location Map Photo of Property Property Owner ’s List Permit Record Pertinent Code Sections 1. Section 10.28, Subd. 5(B): Rear Yard: The minimum requirement for rear yard setback in the RR-IB zoning district is 50 feet. Variance Request: To permit a rear yard setback of 26.5' where 50' is required. Application Summary: The applicants are proposing to construct a 816 s.f. second story addition to the existing residence. The addition w ill be only on top of the southern section of the existing residence, not the entire residence. The existing residence was built before current zoning standards were adopted. The residence is currently located 26.5' from the rear yard property line. The property is serviced with a septic system. The septic system is currently compliant and has a capacity for 4 bedrooms. This addition will not add to the total number of bedrooms, but rearranging them within the residence. Therefore a larger septic system is not required at this time. A detached garage was constructed on the property in 1989 not requiring variances. Structural coverage is not a concern for this propert)'. No neighboring residences will be impacted by the 26.5' setback. ^2575 James/Jill Cornell Variance 4/17/2000 Page I Statement of Hardship ; The applicants have included their statement of hardship in Exhibit B. The applicants should also be asked for their testimony regarding this issue. Issues for Consideration; 1 . The footprint of the residence is not increasing. 2. The residence was built prior to current zoning standards. 3. The existing septic is compliant and built for a capacity of 4 bedrooms. 4. Other issues raised by the Planning Commission. Staff Recommendation; Staff recommends approval of the variance for rear yard setback. U257S James/Jill Cornell 2145 Watertown Road Variance 4/17/2000 Page 2 A ANALYSIS WORKSHEET Lot Area; RR-IB Lot Area Rear Yard Setback Required 87,120 s.f. (2 acre)50' Actual 87,054 s.f. (1.99 acre)26.5’ Structural Coverage: Total Lot Size Total Structural Coverage 27,043 s.f.Allowed: 13,058.1 s.f. (15%) Existing: 2,659.63 s.f. (3.5%) Proposed: 2,659.63 s.f. (3.5%) The residence is located in the RR-IB (2 acre minimum) zone. Structural coverage is not a concern with this property. e CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($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) Application #23 7^ Date Receive^ 3/g.2 /p'6 Amount Paid<^ 2^ O PROPERTY INFORMATION _5 Property Identification Number (P.I.D.) 0 /l~7 ^ I 000 3 Attach legal description to application if not included on required survey. Date Prop^ Acquired^uguif M 8 _________________________^(month/yearV^ I (do) ®o no^ also own the adjacent parcels of land. Present usiTof property: X residential ___other (specify)_ Zoning District: ___________________________ APPLICANT Name ^ ________ Address: :1ns* 1^£yvp Phone (home) S TS- 2M ? / -v Phone (work) ^ OWNER (if different than applicant) Name ________________ Phone (home). Phone (work)_ I a: 'Jaj Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Constniction Cost $ 1%CX>0 ^ Describe request in detml; A*i2^TV)N TD ^iCl^fl'lN^ UCRtusl U5T -66T rrtPQ-$(V^(; V/4f2ji*NCcrTP3^tP (attach additional sheets if necessary) wfTVaT (poe^^JU6loN 6f fbsrrf^t^ VARIANCES REQUIRED Lot Area Lot Width Hardcover Lot Coverage X Setback:Front Side Xi 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: iirx:ArnoNl (S>____ v^tTVhNJ 'THfr hone lj AS ^— (attach additional sheets if necessary) A c Xn '• •• CERTIFICATE OF SURVEY FOR JAMES D. CORNELL THE NW 1/4 OF SEC. 3-117-23 HENNEPIN COUNTY. MINNESOTA •N .. \ •• \ -----------------------------------------KIV,U.\.Z________________________________ ...rrv«*.* m s*H' v'L- t'i«»—ff-------- ----------jL, * #T)r a- c CU M« CCfCSS i! i«tt«I • I 1 ( i 1 I N \ I* \c ig l« S 0»*32*52- E S 8r3VS5- E I \ I I :i i il 439.00 OCSOVED r I m • 1 1 1 1 3• 0• 9 1 ~ --.L t 1- «»ifr.»4 f J' f fj '•±.^ms V w w w * « . W « * 9 * • * «99J « * • •........................... JU i 1 13 1 J m 1 1 •174 43934 measured 439 60 OESCR8EO N 89*32* 20" W M 09*3r 92- W ircAL ocscuyrcN or M t^^ 9t Merth««»| Quarts# •! s«<t<«« 3. ro«A«Ma ||7 Wars* a* S'^ M*r««v <>scr»sa «• C«*vnanc«f « • »a««4 322 tMt astl tfAi4 ra«t fro«*» :sr-«r st !•« Quvtsr •« SMts^ 3 5».» «r» • Ins ar»^ •.••» i*«s Cast V« sf t^s Cvoris# ot »s: >:’ v 3 : r«*axt s» »9§ '3 »sst. t*««s titst «• s 4^®^ m>tn i»»s Msrtn Ira ot •»« Ssctan s «at*«cs s» 433 §f ♦#••. ssr'^ or* s -#• oval* ••to to# Csst W of o* Nortf*M«l Ousrlv of 0*4 Ss«t*M o #ttor«s of it&i3 foot; tooocs Cs«t or* a I’ o^ot **« s S'«*sr«« of 433SO ftsi to t^o po^ of »s9^s*a^ topstosr ••to flo sosor**s»*t fv •*^tto oo4 o*v ol tost osrt sf t**o Xsr'v a* Ssctv* 34. 7s«**tf^ tt7 NWV *9^ 23 Wsst of If*s 3i*» Pr#*c** t*s>.^w #socr»s< ss foio-s is3**r^#*^ or* Sowi** -*4 f »: r Sow-.tf Q..V**. f’3«7 ft«* Off of ms Soi.t«^«e«i cvrtsr losrsof. tOsr*Ct •t«t «Or«f SO* Ssuto ir^ 4 • M •«et. tOsr^Ct •«sr‘*« •* :«7*«4 «3 4ttt 423 7 fftl to t**S csr*tv W Of Csv*tf •so# H/*^e«r 43. tr*^t «4srm |7 Ss^rttt 2« -vr^t4s Cs»t *a-4 c#*'#- :;4J -t-et Sou*** 43 S9^*rt 43 •vw^ttt Cost 443fC »#st IS tos 04^1 •» sr*S SI tool ovt s* to# •ao#tO^««* C^ts* O* !♦:■;• I •«•*%* 5 **’ ••or"*, •cr^^t 23 •#•! of tNt 3m ^*K<90 *t'«sn SSK'4«® ss *O40«t or* l»*S NoM** of to# *iior'0«S«; JwC* •• »* »4^S S#.*.— 3 It S •t3*? »4#t "SSt Of t»*S •wrtooflol cvosr tMTOOf #0#*^ ta4 NV** ^4 40 2’ *#4t T.. • '*• j •« !*?•»• OOTOlO' to I**# CsSt *o# #f sv4 SsCt-V* Sostv* s *tter«0 of 30 foot, toor^o Cost #i* s '•os ars»r* poro** *o t»* *<••• *s r s« c : : «!y<t o» 2*fS4 foot. iov*«s Sow*** or* 0 •00*‘ poroNf to t»*0 Cost wr>0 0» #0-d So«‘or* 0 tf S*e«*<0 S» tea •* •• ••••*<0 f*** V3«' ovesol to tf*s NVIt* •**• of to® 5o<t or< 0 O4l*xo o’ 23 foot, t^or^co ••or*** 9<'940* •••* t*0 IjO* -0 " : Soc* O' X XStCfCO of t|9 ’4 *oot to tits Nvm wa S» S*4 Soctv* 3 tMrK« 0«|t to •**0 0*r*t #’ ao^r>r^ 0 yj «f> Irt tft *•* 3 #o<*otos ooo •*sr«v ioV4*pO *«•** 90 0SSS4 •9sr« 0»t OOOV<'OS ost*** f*«* sirvsy o«<o*^ to **• ms 9*4 mo locotvr* of or* o*«t#*f • 09091 to 9w« sr*r ot •ss of m* c»o«o :ft9 orwovornosts 9 SWCr00CHf*4 M SOSCrOoS 0r«O9tf. ?r*90sn i Seo* 'st s Jt 34<*»r» nm 941|orxao'o* COFFIN & GRONBERG, INC. CONSU.^ CNQ»CttS. lAfC a^’.r^O^S. si P•.4^0CtS 412 TAMAAACX AVtt4jC ix UAr«t. 144 ;*)S« •f2-473-4*4* * a**r* *wt nm KJm. m • *t MC*W«S 0* «4 as 900 4* 9PKCt rw#* I A# A a^v ixom Maritamu W4VS 9 ta4 ftAff 01 90C30T4 r A •#91 UCDOi ff^rg SC ac T Qa TC 3'^4-M jQt 41 04f "• •• 7 u •• ss 4 ^O *. \ ' ♦ n - 'it ■ \y •. ' • c..- .. t ■'i WT6HEN 5TUPr(exfsriN^FAMILY (EXISTING PININ& \1 1 r 1 1 Ij ------------- --J— VEHOTES He^ CaM-^^mX-TTOH 1-1V1H6- UWfcoF- pjof-APOkC O FlR^r FUJO^.TIAH i/^“ -- ('0“ Ii *An 1 rr~T r~iT -| 11 I I I ^1 ^r •^9 iw Q « li C^J /■-? •; f** /. *. •I ••/ I • • ^ )... .. * ^ .f £ ./. R/X3F^JS-AM W'=l'0" MA 5TER EaKDOH “U „BEDROOM iSo ;i> tv.. h > \\8/ / V t i \ -V V : . o Wa6T ^L4^VA1 101^ '/^"- l‘D“ C? r ■ i.: C.Vv /, f • tCXJTH £l£.V/^10N «/'0" t7 1% V c \ ::o ^LEVATiOM i/^“ = I 'o- t7 Ov' NORTH ELEN^TION V4" 4'0" t7 X. ^sr—83^-^^ &ddH ‘‘ N >f/ 2 <^^’> - W<fc>»„// (25) ._-r -8i (31)CO* in 84.96 < co b 325 N89^58‘27"W 1090.85 Wuj^ r^ J J r J' > ■ ' -' • ^ J / -J ••/c (. n R:l , r;T- 1PT^>. f* ripTmi rm -1 ^ J Vi, • . “.-■ • '•'»•''. ■ * w 7 - * i • 1 4.- ._5>-» ,. r.^.V '^r: i ■ • - • WWWV. ?.-v •••?•'•j'A P.. • Wi’ ;\f ' f' VI » * • *• t »• V • •V • V/ /- c£»«a»« i.v' r' i‘^ L j. V, ♦ r r^p^. • • L_' l^^r5*as_Amm.'^^***^ ►suiter =_ 25' ,. •• ;::5- HUN DATE tS/lB/it NENNEflli COUMTY PtOffiTY IDfOtfUTlON SYSTEM PMfCiTY ONNEIIS LIST DEPORT MO. PMSMil PARE 42 iATCM SiS TAXPAYER NANE/AODR OMNER NAME TAXPAYER NAME/ADDR PROP ADDR TAI^AVER NAME/ADDR Si iS-lI7-2S 21 iifS §214S MATERTONN RD J A CORNELL 1 J D CORNELL JANES CORNELL 214S NATERTONN RD LONO LAKE MN SSSSi Si iS-117-2S 21 iiM •21iS NATERTONN RD STEPHEN N STEPHEN N 21SS NATERTONN RD LONO LAKE NN 55S54 Si iS-117-2S 21 iil4 iSili COLIN DR DOUGLAS N PRANCHOT 111 DOUGLAS N PRANCHOT 111 2ili COLIN LONG LAKE I 55SS4 •il5Si iS-117-2S 21 •21S0 COLIN DR C K SHAUGHNESSY ET AL C K SHAUGHNESSY 21Si COLIN DR LONG LAKE NN S5SM Si iS-117-2S 21 itl9 •••Si ADDRESS UNASSIGNED JOHN P EARLING JOHN P EARLING 21SS COLIN DR LONO LAKE NN 5SSS4 Si iS-117-2S 21 ii2S •2145 NATERTONN RD R N KANTOR t N L KANTOR R N KANTOR i N L KANTOR 2145 NATERTONN RD LONG LAKE NN 55S54 Si iS-117-2S 21 ii24 •2575 NATERTONN RD A i L PETERSON ALAN i A LORRIE J PETERSON 2475 NATERTONN RD LONG LAKE NN 55S54 TOTAL BATCH 5SS ••••7 y 4 fj 's /j/ fu X CERTIFY THAT THE FACTS REPRESEHTEO ARC AN ACCURATE AND TRUE REFRCSCNTATIQN OF INFORNATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY OCPARTHENT OF PROPERTY TAXATION, TO THE REST OF NY KNOMLEOOE AND DCLIEF DATE' Permit No (SJ± - ^5.d^ 3(^gc 3*7 ^@7 yss/ V4^7 ^l4S l/doMktivyt^ PERMIT RECORD Date <V--35-£~lC /Q -J.(^ -99 / J'3/-9/ 7-3 -9 / ii- / /c-O-ff Type of Permit BWc - Ok‘frf- \ 0 i i REQUEST FOR COUNCIL ACTION COUNCIL MEETING MAY 0 8 2000 cn y ohoaio DATE: 5/5/00 ITEM NO.: / / Department Approval: Name Paul Weinberger Title Zoning Administrator/Planner Administrator Reviewed:Agenda Section: Zoning Item Description:#2577 James D. Render Render Development. Inc. 1315, 1335,1355 Tonkawa Road and 3430 North Shore Drive Final Plat of Tonkawa Shores 2nd Addition Zoning District:LR-IC, Single Family Lakeshore Residential, 1/2 Acre minimum lot size. Sewered Comprehensive Plan: Urban Service/Urban Residential 1/2 acre densi^' Site Area: Proposal: 2.38 Acres Three lot Residential Development (Single Family) Exhibits: A B C D Resolution Approving Final Plat Copy of Final Plat Document Resolution No. 4377 Approving Preliminary Plat of Tonkawa Shores 2nd Addition Preliminary Plat Report Application Summary: Ja.nei Render has completed most requirements for the plat of Tonkawa Shores 2nd Addition, which revises a plat completed in 1998. Render Development, Inc., has proposed a three lot Class III Subdivision. The subdivision would involve four existing conforming lots being reduced to three lots. On June 8, 1998 the City Council approved the Plat of Tonkawa Shores. Tonkawa Shores created three .5 acre parcels to be ser\ed by a private Outlot, shown on the plat as Outlot A. Mr. Render currently owns Lots 1,2 and 3 within the Plat of Tonkawa Shores. He has proposed a plat, to be known as Tonkawa Shores 2nd Addition, which includes an existing lot located at 3430 North Shore Drive. Access to all lots in the Subdivision are required to use the Outlot. Any other access shall be prohibited. Lot Size Existing Lot 1, Tonkawa Shores (1355 Tonkawa Road) Lot 2, Tonkawa Shores (1335 Tonkawa Road) Lot 3, Tonkawa Shores (1315 Tonkawa Road) 3430 North Shore Drive Outlot A, Tonkawa Shores (Private Road) 0.55 acre 0.56 acre 0.64 acre 0.63 acre (est.) 0.16 acre »^ I rj Proposed Lot 1, Tonkawa Shores 2nd Addn. (1355) Lot 2, Tonkawa Shores 2nd Addn. (1335) Lot 3, Tonkawa Shores 2nd Addn. (1315) Outlot A, Tonkawa Shores 2nd Addn. (Pvt. Road) 0.89 acre 0.81 acre 0.67 acre 0.16 acre Easements 1. 2. 3. A number of easements exist on the property for drainage and utility purposes. All drainage and utility easements along the property lines shall be vacated and new easements shall be dedicated 10 ’ along exterior property lines and 5' along interior property lines. An 8' road easement exists south of the development that is available for the approved roadway agreement. Subdivider shall grant Drainage easements across the wetlands located within the development. Language in the easement documents shall restrict land alteration and removal of vegetation. Park Dedication Fee Park dedication fees were paid for the three lots as part of the original subdivision approval. No additional park impact fees are required. STAFF RECOMMENDATION All the lots meet the zoning district requirements for developments in the LR-IC zoning district. Staff is recommending approval of the application based on the conditions noted in the attached resolution, including the application will not be released by the City of Orono for filing until all documents including the Declaration of Covenants, Conditions, Restrictions and Private Roadway Agreement be amended to include all property in the Tonkawa Shores 2nd Addition. COUNCIL ACTION REQUESTED: To approve or amend the enclosed resolution. A A RESOLUTION APPROVING THE PLAT OF WILLOW VIEW FILE NO. 2577 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a 3 lot plat by the Render Development, Inc. (hereinafter "the subdivider"); and WHEREAS, the subdivision has been found to meet the density requirements of the LR-IC zoning district; and WHEREAS, the subdivider has completed or will complete all requirements of the platting regulations of the City prior to release of plat for recording, including; 1. Completion of requirements of Resolution No. 4377, the resolution granting preliminary approval of the subdivision. 2. Dedication on the plat of standard perimeter drainage and utility easements. 3. Vacation of all drainage and utility easements on the plat of Tonkawa Shores. 4. Rededication to the C ity of a Flowage and Conservation Easement over those portions of wetlands and conservation outlots as depicted on the plat.. 5. 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. 6. Reexecution of a Subdivider's Agreement providing for the installation of improvements required as a condition of subdivision approval, including roads. Page 1 of 4 6.All access to Lots 1, 2 and 3 shall be via Outlot A, Tonkawa Shores. No direct access to Tonkawa Road or North Shore Drive shall be permitted. An private easement exists across the property to the south of Lot 1 for access to the preexisting property. The City of Orono recognizes the access easement is required to the adjacent property to the west. However access for Lot 1, Tonkawa Shores 2nd Addition shall be required only from Outlot A, Tonkawa Shores. No temporary or permanent access shall be permitted via the driveway easement to North Shore Drive for any lots in Tonkawa Shores 2nd Addition. 7. 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 November 8, 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 thi. resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Dated this 8th day of May, 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 8th day of May, 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 3 of 4 L Exhibit A TONKAWA SHORES 2ND ADDITION \o\ PROPOSED SUBDIVISION FOR JIM RENDER xW LOTS 1. 2 & 3. BLOCK 1. TONKAWA SHORES AND LOT 16. LYDIARDS PARK HENNEPIN COUNTY, MINNESOTA I ydiard park \ \ LEGAL DUaumOH Of FfkMSti Uil. 1>.WkE I. tOWSAWAPIOEIS Aim !•* •••• t t i* ** » i *«••*/ 0 50 100 200 Tta^«0« I*. ttik. ¥»« tt ^ _ pta *•* P*** ** *^'**'^**^ ***** *** IW I fcl H*»^**«r*r ****—* ^***^ •*r •Bte SCALE FEET jrUiMP %^n 0(MF»*O» 1 1 Mofi ^ A A «•«» i(iA Mi *«« «*^ COFFIN & GRONBERG, INC. e^ttuLf^ CMOMcm. »rc fxir i«Mr 1 »m « AA» uEOCB OOCR o«ft IK iA*t O f>€ l»*'l «F 0aT( f/21/f« ••f ImrnMM *«OAC IOC IA4. SAJM A • C ^ ^ • A ft x« Ma 9«|^ f #■4 ••t( P1« fi _ «« tcocK 99392 Page 4 of 4 .JH. CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 3 7 A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION FOR PROPERTY LOCATED AT 1365 TONKAVVA ROAD - FILE NO. 2535 WHEREAS, James Render, Render Development, Inc. (hereinafter the "subdivider") on September 22, 1999, filed a formal subdivision application with the City for approval of a three lot residential plat of property legally described as: Lots 1, 2 & 3, Block 1, Tonkawa Shores and Lot 16, Lydiards Park, Hennepin County, Minnesota. (hereinafter "the property"); and WHEREAS, after due published ai'.d 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 October 18. 1999, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meetings held on November 8, 1999, the Orono City Council considered the subdivision application of the subdivider noting the following findings of fact: 1.Resolution No. 4091 approved the plat of Tonkawa Shores on June 8, 1998 for a three lot subdivision to be served by a private road. James Render has proposed to rcplat the property to include Lot 16, Lydiards Park. One lot would be eliminated reducing four lots to three lots. The size of proposed Lots 1, 2 and 3, Tonkawa Shores ''nd Addition w'ill increase in size. E.xisting Lot I, Tonkawa Shores (1355 Tonkawa Road) Lot 2, Tonkawa Shores (1335 Tonkawa Road) Lot 3, Tonkawa Shores (1315 Tonkawa Road) 3430 North Shore Drive Outlot A, Tonkawa Shores (Private Road) 0.55 acre 0.56 acre 0.64 acre 0.63 acre 0.16 acre Page 1 of 7 •n J. 4. D. 6. 7. Proposed CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 ■■ Lot 1, Tonkawa Shores 2nd Addn. (1355) 0.89 acre Lot 2, Tonkawa Shores 2nd Addn. (1335) 0.81 acre Lot 3, Tonkawa Shores 2nd Addn. (1315) 0.67 acre Outlot A, Tonkawa Shores 2nd Add. (Pvt. Road) 0.16 acre The property is located within the LR-IC Single Family Lakeshore Residential Zoning District requiring a minimum of one-half acre of contiguous dry buildable land within each newly created lot. The property contains a total of approximately 2.53 acres of land. There are no wetlands located on the property. Except for a portion of the road ditch along Tonkawa Road, the property is above the floodplain elevation of 931.5', and homes can be developed without the need for filling or encroachment of the floodplain. The proposed plat consists of three residential lots each meeting the minimum lot standard requirements of the LR-IC, Single Family Lakeshore Residential Zoning District, each meeting the minimum 1/2 acre lot area requirement and each having 100* in defined width at the shoreline of Lake Minnetonka and at the 75' lakeshore setback line. All three lots are served with municipal sewer and have been fully assessed for sew'er. All three lots will be sen'ed by private wells. Lot 3 has a residence under construction. The residence meets yards requirements for setbacks, structural coverage and hardcover. No variances are required. All three Lots shall be served by a private road designated on the plat as Outlot A. Said private road Outlot shall be 25' in width, realizing a total 33' fimctional width when used in combination with an adjacent 8' City road easement on the adjacent property to the south. Said road shall be constructed to a 20' paved width, with a turnaround for emergency vehicle access. These dimensions were granted variances to City road width and cul-de-sac standards. The basis for such variance is the negative visual and traffic impact on neighboring properties Page 2 of 7 CITYof ORONO RESOLUTION OF THE CITY COUNCIL 4 3 VNO. 8. 9. 10. 11. that would occur if such private road was constructed to City standards at this location near the Maxwell Bay lake access. Said Outlot shall be subject to an underlying road, drainage and utility easement to be granted to the City for possible future use, except that the westerly 5 feet of said Outlot shall not be subject to said easement. The Declaration of Covenants for maintenance of the private road shall be amended to include the portion of proposed Lot I not included under the existing Declaration. The City had no intent to continue said private road westward to Birch Lane at the time of the plat of Tonkawa Shores in 1998. The intent of stopping the underlying road easement 5 feet short of the west boundary as noted above is to limit the likelihood that a future Council will make the future through road coruiection to Birch Lane. Lots I and 2 were required to gain access to the private road via a shared driveway in order to minimize hardcover on those lots. The lots would now increase in size and eliminate the likelihood of a shared driveway. A buffer wa^ developed within Lot 3 for the purposes of a drainage easement granted to the City. The Declaration of Covenants shall be amended to include the west portion of proposed Lot 1 in the Maintenance Agreements for said buffer. 12. Thomas D. Johnson, Transportation Planning Engineer for the Hennepin County Department of Transportation, in his letter of February 12, 1998, approved the proposed curb cut location to Tonkawa Road (County Road 135). 13. The Orono Park Commission has recommended that no additional right-of-way or trail easements are required from this developer since any future trail needs can be accommodated within the existing right of way. 14. The City intends that no hardcover variances will be granted for development of homes on Lots 1, 2 and 3. Page 3 of 7 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO.4 o V 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 of James Render, Render Development, Inc. at 1j15, 1j35 and 1355 Tonkawa Road and 3430 North Shore Drive per preliminary plat drawings by Mark S. Gronberg, a licei.sed surveyor of Coffin & Gronberg, Inc, dated March 18, 1998, (attached Exhibit A) subject to the following conditions: I. 2. j. 4. 5. 6. 8. 9. Proposed Road on said preliminary plat drawing shall be platted as a private road outlot to be designated as Outlot A. A variance will be granted for the 25' width of Outlot A and for the 20 ’ paved width of the private road which do not meet the 50* outlot width and 24 ’ paved road width or 80' paved cul-de-sac standards for a private road serving 3 or more residences. All Lots shall access to the private road in Outlot A. No access to Tonkawa Road shall be allowed for any Lot. The Coventants and Dedications shall be amended to include the portion of Lot 1 not subject to the underlying agreements. The private road shall be allowed to access directly to County Road 84 subject to conditions for such access as imposed by the Hennepin County Department of Public Works in their required access permit. No additional building permits will be issued until the private road base work has been completed and been approved by the City. 7. Subdivider to designate drainage easements over all drainageways. Subdivider is hereby advised that the City will not grant final plat approval until such time the MCWD has approved all grading and drainage improvements on the property. Standard drainage and utility easements shall be granted 5' along interior property lines and 10' along the perimeter and underlying drainage and utility easements shall be vacated. Page 4 of 7 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. A - y *7'' 10. Subdivider is hereby advised that preliminary subdivision approval will expire within one year of the date of Council approval, November 8, 1999. 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. 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 sui^ey by Mark S. Gronberg of Coffin & Gronberg, Inc. dated March 18, 1998. b. Private road to be designated on the plat as Outlot A. c. d. Dedication of drainage and utility easements 10' wide along the exterior boundaries of property and 5' along the internal lot lines. Amended easement and dedication documents to include that portion of Lot 1 not part of the plat of Tonkawa Shores. Legal documents required: a. b. c. Title opinion addressed to the City. All owne*-s, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. The applicant must provide certified copies of all recorded easements currently affecting the property. Signed and executed Drainage Easements to be taken over drainageway and detention areas within plat. Page 5 of7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL A ■ ; • 7 NO. d.Signed and executed Road, Drainage and Utilities Easement over Outiot A except the westerly 5 feet thereof. e.Signed and executed "Declaration of Private Road Easement and Declaration of Maintenance tor Same". 3. f. Completed "Application for Private Road Name" Fees to be paid: Total due; S400.00* Final plat fee = $200.00a. b. Legal review and filing fees for subdivision and associated documents $200.00 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 8th day of November, 1999. ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. The foregoing instrument was acknowledged before me on this 8th day of November, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk ^ Orono, a Minnesota municipal corporation and said instrument was executed on beha o t e City. Notary Public tiOUSYFUEllC-V ?A •;•/ HEKf’trl.’.’CCvilTY V’ f-V Crr.a.irricn J.*' V. : Page 6 of 7 4 ■ ni n iflM Application Date: 9122199 Completion Date: 9/22/99 60 Day Deadline: 1/20/00 REQUEST FOR COUNCIL ACTION DATE: 11/2/99 ITEM NO.: S D Department Approval: Name Paul Weinberger Title Zoning Administrator/Planner Administrator Reviewed:Agenda Section: Zoning Item Description:James D. Render Render Development, Inc. 1315, 1335,1355 Tonkawa Road and 3430 North Shore Drive Class III Preliminary Plat Subdivision—Public Hearing Zoning District: Comprehensive Plan: Site Area: Proposal: LR-IC, Single Family Lakeshore Residential, 1/2 Acre minimum lot size. Sewered Urban Service/Urban Residential 1/2 acre density 2.38 Acres Three ot Residential Development (Single Family) Exhibits: A B C D E F G H I J K L M Application Preliminary Plan (dated 9/21/99) Plat Map Section/Address Map Legal Description Final Plat of Tonkawa Shores (approved 6/8/99) Resolution No. 4091 — Approving the Plat of Tonkawa Shores Resolution No. 4053 — Approving the Preliminary Plat of Tonkawa Shores Section 10.25 — Standards for the LR-IC Zoning District City Council Minutes (6/8/98) City Council Minutes (3/23/98) City Council Minutes (3/9/98) Planning Commission Minutes (2/17/99) Property Owners Notification List PARCEL INFORMATION Property Identification: The subdivision includes the following parcel(s): 08-117-23-42-0005/06/07/08 Summary of Request James Render, Render Development, Inc., has proposed a three lot Class III Subdivision - Preliminary Plat application. The subdivision would involve four existing conforming lots being reduced to three lots. On June 8, 1998 the City Council approved the Plat of Tonkawa Shores (attached as Exhibit F). Tonkawa Shores created three .5 acre parcels to be served by a private Outlot shown on the plat as Outlot A. Mr. Render currently owns Lots 1,2 and 3 within the Plat of Irnkawa Shores. He has proposed a Preliminary Plat, to be known as Tonkawa Shores 2nd Addition, which includes an existing lot located at 3430 North Shore Drive. The four lots would eliminate one lot and relocate the existing property lines to create larger parcels. Lot Size Existing Proposed Lot 1, Tonkawa Shores (1355 Tonkawa Road) Lot 2, Tonkawa Shores (1335 Tonkawa Road) Lot 3, Tonkawa Shores (1315 Tonkawa Road) 3430 North Shore Drive Outlot A, Tonkawa Shores (Private Road) Lot 1, Tonkawa Shores 2nd Addn. (1355) Lot 2, Tonkawa Shores 2nd Addn. (1335) Lot 3, Tonkawa Shores 2nd Addn. (1315) Outlot A, Tonkawa Shores 2nd Addn. (Pvt. Road) 0.55 acre 0.56 acre 0.64 acre 0.63 acre (est.) 0.16 acre 0.89 acre 0.81 acre 0.67 acre 0.16 acre .'.•1 'f.. Conformity to Zoning and Comprehensive Plan 1 he LR-IC zoning district has a 0.5 acre minimum lot size. All proposed lots would exceed the minimum lot size for properties in the district. Lot requirements in the LR-IC district are as follows (Section 10.25, Subdivision 6 (B): Address Lot Area Lot Width Street Yard Side Yard Lakeshore .5 acre 100'30*10 ’75 ’ or ALS* 1315 .67 acre nr 127 ’15’250’ 1335 .81 acre 140 ’Undeveloped 1355 .89 152’Undeveloped * Average Lakeshore Setback - No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots, except that this does not apply to stairways, lifts, landings, and lockboxes. Further, the average lakeshore setback shall apply only to classified lakes, and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lake ward protrusions of the residence buildings on the immediately adjacent lakeshore lots. Surrounding Properties The lots are located on the south shore of Lake Minnetonka's North Arm Bay. The lots to the south of the subdivision are zoned LR-IC and developed as lakeshore lots with access to Crystal Bay. Maxwell Bay boat landing is east of Tonkawa Road and is zoned B-2 for marina use. Lot Layout and Lot Standards As demonstrated in the table on page 2, each lot would meet minimum requirements for nev% lots in the LR-IC zoning district. The district requires a minimum lot size of .5 acre and demonstration of a suitable building envelope. Outlot A would serve as access to the property. Lot 1 would include an existing lot located at 3430 North Shore Drive and the west half of Lot 1, Tonkawa Shores Addition. A demolition permit was issued for the house on the 3430 North Shore Drive lot in 1994. The property gained access via a shared driveway across the property to the south. Lot 2 would include most of existing Lot 2 and the east half of existing Lot 1. The property is undeveloped and does demonstrate a suitable building site based on the prior subdivision approvals last year. Lot 3 is currently being developed with a single family home. The property will slightly increase in size. The lot has an existing drainage easement for stormwater treatment. The easement is in favor of Lots 1, 2 and 3, Tonkawa Shores but would not include the 3430 North Shore Drive property. Sewer Connection All three lots are served with municipal sewer and have been fully assessed for siwer. All three lots would be served with private wells. Access The City Council approved a variance for Outlot A permitting the road to only be platted with a 25' width. An 8' roadway easement is located south of the Outlot allowing a total of 33' dedicated for the private road. A second variance was approved for the private road allowing the road to be developed 16' in width where 24' would be required for a private road. The property owners have the obligation to maintain the road. Outlot A has been platted to end 5' short of the west boundary of the property per Council's intent, such that it will be incumbent upon the City to deal with the owner of Lot 1 should the City ever wish to make the road connection to Birch Lane. The Council found at the time of the Tonkawa Shores subdivision (1998) the road shall not extend to provide a future connection to Birch Lane. Access to the 3430 North Shore Drive lot has been via a shared driveway with three other lots, two along North Shore Drive and two lots on North Arm, with no road frontage. No vacation of the easements has been proposed. The lot located at 3442 would continue to use a small portion of proposed Lot 1 for driveway purposes. Easements 1. 2. 3. A number of easements exist on the property for drainage and utility purposes. All drainage and utility easements along the property lines shall be vacated and new easements shall be dedicated 10' along exterior property lines and 5' along interior property lines. An 8' road easement exists south of the development that is available for the approved roadway agreement. Subdivider shall grant Drainage easements across the wetlands located within the development. Language in the easement documents shall restrict land alteration and removal of vegetation. Park Dedication Fee Park dedication fees were paid for the three lots as part of the original subdivision approval. No additional park impact fees are required. Drainage The City Engineer and MCWD shall approve drainage and grading plans for the development prior to subdivision approval. A permit likely will be required by the Watershed District. Issues for discussion 1. The road is proposed to be platted 25' in width as it exists. There were discussions previously that the road shall not be connected to Birch Land at this time, but it may become necessary at in fj;;’ ILt »re. In Resolution No. 4053 (attached as Exhibit H) indicates the City has no intent to continue said private road westward to Birch Lane at this time. The intent of stopping the underlying road easement 5 feet short of the west boundary is to limit the likelihood that a future Council will make the future through road connection to Birch Lane. Should Outlot A be platted through the subdivision to provide for a future connection, or is it the position of the Planning Commission the road will not be necessary because access is available to each lot and a future road would run parallel with North Shore Drive? 2. Although the road has not yet been completed, a "T" turnaround was approved in lieu of a cul-de-sac for emergency vehicle access. Staff would recommend the turnaround be provided. 3. Staff will require a new Developer ’s Agreement and drainage easement be granted to the City. The drainage easement may be required to increase in size due to the size of the lots within the development being increased. The developer was given credit for the drainage easement within Lot 3 for hardcover calculation purposes only, not lot area. 4. Is the proposed lot layout acceptable? STAFF RECOMMENDATION All the lots meet the zoning district requirements for developments in the LR-IC zoning district. Staff is recommending approval of the application based on the conditions noted in the attached resolution. PLANNING COMMISSION RECOMMENDATION On a vote of 7 to 0 the Planning Commission recommended approval of the subdivision subject to the following conditions: 1. 2. 3. 4. The City Engineer reviews and approves the drainage plan and stormwater treatment within the development. Hennepin County approves the access to Tonkawa Road. Hennepin County has approved the existing lot arrangement and access for the underlying lots. New drainage and utility easements are dedicated to the City of Orono. Underlying drainage and utility easements are vacated. 5.Final plat approval is subject to the MCWD approval of all grading and drainage improvements. COUNCIL ACTION REQUESTED: To approve or amend the enclosed resolution. i A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION FOR PROPERTY LOCATED AT 1365 TONKAWA ROAD - FILE NO. 2535 WHEREAS, James Render, Render Development, Inc. (hereinafter the "subdivider") on September 22,1999. filed a formal subdivision application with the City for approval of a three lot residential plat of property legally described as: Lots 1, 2 & 3, Block 1, Tonkawa Shores and Lot 16, Lydiards Park, 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 October 18, 1999, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meetings held on November 8, 1999, the Orono City Council considered the subdivision application of the subdivider noting the following findings of fact: 1.Resolution No. 4091 approved the plat of Tonkawa Shores on June 8, 1998 for a three lot subdivision to be served by a private road. James Render has proposed to replat the property to include Lot 16, Lydiards Park. One lot would be eliminated reducing four lots to three lots. The size of proposed Lots 1, 2 and 3, Tonkawa Shores 2nd Addition will increase in size. Existing Lot 1, Tonkawa Shores (1355 Tonkawa Road) Lot 2, Tonkawa Shores (1335 Tonkawa Road) Lot 3, Tonkawa Shores (1315 Tonkawa Road) 3430 North Shore Drive Oullot A, Tonkawa Shores (Private Road) 0.55 acre 0.56 acre 0.64 acre 0.63 acre 0.16 acre Page 1 of7 i 2. 3. 4. Proposed Lot 1, Tonkawa Shores 2nd Addn. (1355) Lot 2, Tonkawa Shores 2nd Addn. (1335) Lot 3, Tonkawa Shores 2nd Addn. 0315) 0.89 acre 0.81 acre 0.67 acre Outlot A, Tonkawa Shores 2nd Add. (Pvt. Road) 0.16 acre The property is located within the LR-IC Single Family Lakeshore Residential Zoning District requiring a minimum of one-half acre of contiguous dry buildable land within each newly created lot. The property contains a total of approximately 2.53 acres of land. There are no wetlands located on the property. Except for a portion of the road ditch along Tonkawa Road, the property is above the floodplain elevation of 931.5’, and homes can be developed without the need for filling or encroachment of the floodplain. The proposed plat consists of three residential lots each meeting the minimum lot standard requirements of the LR-IC, Single Family Lakeshore Residential Zoning District, each meeting the minimum 1/2 acre lot area requirement and each having 100' in defined width at the shoreline of Lake Minnetonka and at the 75' lakeshore setback line. All three lots are served with municipal sewer and have been fully assessed for sewer. All three lots will be served by private wells. Lot 3 has a residence under construction. The residence meets yards requirements for setbacks, structural coverage and hardcover. No variances are required. All three Lots shall be served by a private road designated on the plat as Outlot A. Said private road Outlot shall be 25' in width, realizing a total 33’ functional width when used in combination with an adjacent 8’ City road easement on the adjacent property to the south. Said road shall be constructed to a 20' paved width, with a turnaround for emergency vehicle access. These dimensions were granted variances to City road width and cul-de-sac standards. The basis for such variance is the negative visual and traffic impact on neighboring properties Page 2 of 7 i f 8. 9. 10. 11. 12. 13. 14. that would occur if such private road was constructed to City standards at this location near the Maxwell Bay lake access. Said Outlot shall be subject to an underlying road, drainage and utility easement to be granted to the City for possible future use, except that the westerly 5 feet of said Outlot shall not be subject to said easement. The Declaration of Covenants for maintenance of the private road shall be amended to include the portion of proposed Lot 1 not included under the existing Declaration. The City had no intent to continue said private road westward to Birch Lane at the time of the plat of Tonkawa Shores in 1998. The intent of stopping the underlying road easement 5 feet short of the west boundary as noted above is to limit the likelyhood that a future Council will make the future through road connection to Birch Lane. Lots 1 and 2 were required to gain access to the private road via a shared driveway in order to minimize hardcover on those lots. The lots would now increase in size and eliminate the likelyhood of a shared driveway. A buffer was developed within Lot 3 for the purposes of a drainage easement granted to the City. The Declaration of Covenants shall be amended to include the west portion of proposed Lot 1 in the Maintenance Agreements for said buffer. Thomas D. Johnson, Transportation Planning Engineer for the Hennepin County Department of Transportation, in his letter of February 12, 1998, approved the proposed curb cut location to Tonkawa Road (County Road 135). The Orono Park Commission has recommended that no additional right-of-way or trail easements are required from this developer since any future trail needs can be accommodated within the existing right of way. The City intends that no hardcover variances will be granted for development of homes on Lots 1, 2 and 3. Page 3 of7 1 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 of James Render, Render Development, Inc. at 1315, 1335 and 1355 Tonkawa Road and 3430 North Shore Drive per preliminary plat drawings by Mark S. Gronberg, a licensed surveyor of Coffin & Gronberg, Inc, dated March 18, 1998, (attached Exhibit A) subject to the following conditions: 1. 2. Proposed Road on said preliminary plat drawing shall be platted as a private road outlot to be designated as Outlot A. A variance will be granted for the 25' width of Outlot A and for the 20' paved width of the private road which do not meet the 50' outlot width and 24' paved road width or 80' paved cul-de-sac standards for a private road serving 3 or more residences. 3. 4. 5. 6. 7. 8. 9. All Lots shall access to the private road in Outlot A. No access to Tonkawa Road shall be allowed for any Lot. The Coventants and Dedications shall be amended to include the portion of Lot 1 not subject to the underlying agreements. The private road shall be allowed to access directly to County Road 84 subject to conditions for such access as imposed by the Hennepin County Department of Public Works in their required access permit. No additional building permits will be issued until the private road base work has been completed and been approved by the City. Subdivider to designate drainage easements over all drainageways. Subdivider is hereby advised that the City will not grant final plat approval until such time the MCWD has approved all grading and drainage improvements on the property. Standard drainage and utility easements shall be granted 5' along interior property lines and 10’ along the perimeter and underlying drainage and utility easements shall be vacated. Page 4 of 7 10.Subdivider is hereby advised that preliminary subdivision approval will expire within one year of the date of Council approval, November 8, 1999. 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. 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 Mark S. Gronberg of Coffin & Gronberg, Inc. dated March 18, 1998. b. Private road to be designated on the plat as Outlot A. c.Dedication of drainage and utility easements 10' wide along the exterior boundaries of property and 5' along the internal lot lines. d.Amended easement and dedication documents to include that portion of Lot 1 not part of the plat of Tonkawa Shores. 2. Legal documents required: 3.Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b.The applicant must provide certified copies of all recorded easements currently affecting the property. c.Signed and executed Drainage Easements to be taken over drainageway and detention areas within plat. Page 5 of 7 J f d. Signed and executed Road, Drainage and Utilities Easement over Outlot A except the westerly 5 feet thereof. e.Signed and executed "Declaration of Private Road Easement and Declaration of Maintenance for Same". f. 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 u 1.4 Council of the City of Orono, Minnesota at a regularmeeting held this 8th day of November, 1999. ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) Gabriel Jabbour, Mayor ) ss. foregoing instrument was acknowledged before me on this 8th dav of Noven.ber 1999, by Gabriel Jabbour & Linda S. V«. Mayor & City Ckrk of .he Chy o^ Orojio, a Minnesota municipal corporation and said instrument was executed on behalf of the Notary Public a Page 6 of7 Exhibit A PRELIMINARY PLAT TONKAWA SHORES 2ND ADDITION \o\ PROPOSED SUBDIVISION FOR JIM RENDER IN LOTS 1. 2 & 3. BLOCK 1. TONKAWA SHORES AND LOT 16, LYDIARDS PARK HENNEPIN COUNTY. MINNESOTA i LYDIAR0N;5^^^;^, stt» t ft ••• • n f i / 9§ • •«#•/ • tW« #«•«* or# *«##4 -•O'* or' dot*#" 50 100 200 U-G AL DESCIUmOH or ntlMISU Lot I. 2 1. Moeft I. TONKAWA SNORES Abo llHipMtoflot |». Ly4»r» r«t. Nwt MortWoawty ofiho Moibi ( DcgbOMt M • poioi oa rtto SondNr«iMN)f iaooTmi4 lot 4i«aNi tit 5 fcn NertbooMlf ta iko *>«io4 too oMotfai OBMi iko SMlMMirtf port of w4 IM « oo *• roBBcToi N-tkorw^. «k#«* N«tkooiwr*r to • pWb oo iko N«W«ib«tr or lorf lot AM ITT 5 bot NotWoooiorty oTtko mttnmftm of wr4 4eao< kao #■< Mid Honkoxasty kaa. oai ikw oathat SCALE FEET P1'<F (XM* sort cc teapot COFFIN & GRONBERG. INC. C0M9ULt0« |i«a«i»lL su»vt»ca*. »Tf ataioCRI «ss tMaMMJi *«0«I iM IMC. «#% SSJSS r*^t 1 *« A pu.f iCf>ao aaorttvcMn iroacto ^#cia IK i#ot to IK ftt#rt W MS#€10t« r-sr OAfj[ 9/21/M —J09 NO 99392SAtf • if fl MiCMt <##•#• 7 of 7 ' 'V i . » 2j *• k • • *» •% Application ft "2SZ^ Date Received _ ^ ^ Amount Paid CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION Site address 13i^. 35*. a/- Q>/u^ Property Identification Number (PID)__________________________________ Please check one - Property ^ abstract or torrens? Attach legal description to application. APPLICANT ^ . nv Name c Address Si'Lo g^’jL Phone (home) (j>z - City A/f Zip Phone (woric)(»i z OWNER (if different than applicant) Nam e w\ ri. /»/if f iS c/gw. Address City_________________________Zip Phone (home) _ Phone (work) (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)______ Present Zoning District PROPOSAL _________ Division for Tax Purposes _________ Lot Line Rearrangement Only (no new building sites) _________ Subdivision for New Building Sites Number of Building Sites V Existing Units - t New Units ^ Total Units Proposed Gross Density Minimum Lot Size Proposed Use (check) Units per___Acres Sq. Ft. Dry Buildable Land Residential Other (specify)________ lJ ) ("I \ oc- Legal Description of Parcels to be Replatted Lot 1, Block 1, Tonkawa Shores « 2 « 1 Ipb 16, •*Iydlard'« VaxHC I^ke Hijmstonka, lying Nocthwacterly of th* foUcwng deaccx'oad lines Beginning at a point on tlie Sout±M«aterly line oC said lot distant 186.5 feet Kacthwastecly, maasazed along aaid Southt«eterly line, frcm its Intersection vdth the dashed surveyor's construction line show on the record plat extending acrose the Southeasterly part of said lot; northeasterly to a point <3ii the Northeasterly line of lot distant 179.5 feet Kortl westerly, neasured along said Northeasterly line, fran its inteasectiai with, said A>«hiiri surveyors construction line, and there ending, together with a road eaeeraant over the Southwesterly 10 feet of the Southeasterly 1/2 of eaid Lot 16 as sat out in Docunaat No. 2672040. •• . '•e . I .i- i I,* ... . • •*. *• -• •I*.• • •• • « U *1 a .*• • • • • e • I* a t _ • . rJ / “ 9 . 'O % ‘ t •• ♦ f , t. y- - -•. \ ; e• # a" >5 TONKAWA SHORES F l\ \ \ \ A"" \ 1o T % \ 5ir*» atwMws p*»r ***.,v^ r»*l«l t*t lr*f*r«*^l!<»i rtf ^w*fy int CITYofORONO RESOLUTION OF THE CITY COUNCIL NO.4 0 Q j A RESOLUTION APPROVING THE PLAT OF TONKAWA SHORES FILE NO. 2339 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a three lot plat by James Render (hereinafter "the subdivider"); and WHEREAS, the subdivision has been found to meet all standards of the LR-IC, Lakeshore Residential Zoning District finding that each lot is of a size and configuration that would allow its use for a single family residence to be fully developed without the need of any variances; and ^VHEREAS, the subdivider has agreed to complete all requirements of the platting regulations of the City, including: 1.Completion of all the requirements of Resolution No. 4053, the resolution granting preliminary approval of the Class III subdivision. 2. Dedication on the plat of drainage and utility easements. J. 4. Creation of a private road shown on the plat as Outlot A. Concurrent with the creation of this private • oad in Outlot A, dedication to the City of road and utility easements granting to the City permanent access, improvement and utility easements over said Outlot; 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, restrictions and private roadway easement wherein any lot shall be sold, transferred and conveyed together with an undivided one-third interest in Outlot A w’hereby benefitting lot Page 1 of 4 m CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 0 9 1 ovNTiers covenant and agree to permanently maintain and pay cost of maintenance for said private road. 5.Dedication to the City of drainage easements over all detention areas, wetlands, and drainageways within the plat providing for limitations on the use of these areas and shown on the plat as drainage easements. 6.Execution of a Developer ’s Agreement providing for the installation of improvements required as a condition of subdivision approval, and posting of security to ensure that these required improvements are completed to the City's satisfaction, subject to approval of the City Engineer. 7. Provided evidence of Minnehaha Creek Watershed District approval. 8.Payment to the City of a park dedication fee for Lots 2 and 3 in the amount of $9,800. 9. 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 Tonkawa Shores, Hennepin County, Minnesota, subject to the following conditions: 1.The final grading plans shall be subject to approval by the City Engineer. No grading within the 0-75 ’ lakeshore setback zone will be allowed. Erosion control shall be maintained over all disturbed areas until natural groundcover is restored. No building permits for Lots I or 2 will be issued until a satisfactory^ road base and all drainage improvements have been installed per approval of the City Engineer. A building foundation permit for Lot 3 may be issued prior to completion of the road base work, due to the site limitations and proximity to Tonkawa Road. J.The existing residence on Lot 1 and the existing detached garage on Lot 2 shall be removed within 90 days of the date of final plat approval, and no building permits Page 2 of 4 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. A O 9 1______ for new homes on Lots 1,2 or 3 shall be issued until such time that said buildings ^ have been removed. 4.Subdivider shall grant drainage easements over the stormwater pond to benefit the Lot Owners and the City, and shall provide for maintenance thereof by the Lot Owners. 5.Applicant shall grant a sewer connection easement over Lot 2 for the benefit of Lot 1, subject to approval of the City Engineer. 6.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. 7.Applicant shall provide all documents noted in this resolution in a format acceptable to the City Attorney prior to release of the plat for filing. 8.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 November 26, 1998 together v\ith a certified original copy of this resolution and executed copies of the easements, deeds and covenants 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 application with the City of Orono for subdivision review. Dated this 8th day of June, 1998. ATTEST; Linda S. Vee, City Clerk Paee3 of4 ■"Ad CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. A 0 9 1 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of June, 1998 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. 5 NOTARYPUeUC4flN:.'ES0W r HENNEPIN COUNTY » [: MyCcmfliiMlcnExoifesJsn.3l.20C0 Notary Public f'. Page 4 of 4 f V — I E CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 0 D ? A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION FOR PROPERTY LOCATED AT 1365 TONKAWA ROAD - FILE NO. 2339 WHEREAS, James Render (hereinafter the "subdivider") on January 23,1998, filed a formal subdivision application with the City for approval of a three lot residential plat of property legally described as: That part of Lots 13, 14 and 15, "LYDIARD’S PARK" Lake Minnetonka lying northwesterly of a line described as follows: Beginning at a point on the southwesterly line of said Lot 15 distant 225 feet northwesterly from the point of intersection of the southwesterly line of said Lot 15 with the base line shown on the plat of said "LYDIARD’S PARK" Lake Minnetonka; thence northeasterly perpendicular to said southwesterly line of said Lot 15 to the northeasterly line of said Lot 13, and there ending. All in 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 February 17, 1998, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meetings held on March 9, 1998 and March 23, 1998, the Orono City Council considered the subdivision application of the subdivider noting the following findings of fact: The property is located within the LR-IC Single Family Lakeshore Residential Zoning District requiring a minimum of one-half acre of contiguous dry buildable land within each newly created lot. The property contains a total of approximately 1.91 acres of land. There are no wetlands located on the property. Except for a portion of the road ditch along 1. Page 1 of7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 O 5^ Tonkawa Road, the property is above the floodplain elevation of 9jI.S, and homes can be developed without the need for filling or encroachment of the floodplain. 3. The proposed plat consists of three residential lots each meeting the minimum lot standard requirements of the LR-IC, Single Family Lakeshore Residential Zoning District, each meeting the minimum 1/2 acre lot area requirement and each having 100' in defined width at the shoreline of Lake Minnetonka and at the 75' lakeshore setback line. 4. All three lots are served with municipal sewer and have been fiilly assessed for sewer. All three lots will be served by private wells. 5. Lot 1 contains an existing residence structure which encroaches across the easterly lot boundary into Lot 2. Lot 2 contains an existing detached garage which encroaches within the required 10' side yard of Lot 2. The portions of the house which encroach the 10' required side yard of Lot 1 and which encroach into Lot 2, and the detached garage in Lot 2, shall be required to be removed within a specified limited period of time after subdivision approval and shall be removed prior to any sale of Lots 1 or 2 into two separate ownerships. 6. All three Lots shall be served by a private road designated on the plat as Outlot A. Said private road Outlot shall be 25' in width, realizing a total 33' functional width when used in combination with an adjacent 8' City road easement on the adjacent property to the south. Said road shall be constructed to a 16 paved width, with a 'T' turnaround for emergency vehicle access. These dimensions require the granting of a variance to City road width and cul-de-sac standards. The basis for such variance is the negative visual and traffic iinpact on neighboring properties that would occur if such private road was constmcted to City standards at this location near the Maxwell Bay lake access. Said Outlot shall be subject to an underlying road, drainage and utility easement to be granted to the City for possible future use, except that the westerly 5 feet of said Outlot shall not be subject to said easement. 7. The City has no intent to continue said private road westward to Birch Lane at Page 2 of 7 ^ f7 Vi CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 0 5 3 this time. The intent of stopping the underlying road easement 5 feet short of west boundary as noted above is to lunit the likelyhood that a hiture Council , will make the future through road connection to Birch Lane. 8. Lots 1 and 2 shall gain access to the private road via a shared driveway in order to minimize hardcov ’er on those lots. 9. A stormwater pond will be developed within Lot 3 and a drainage casement will be granted to the City over said pond. 10. Thomas D. Johnson, Transportation Planning Engineer for the Hennepin County Department of Transportation, in his letter of February 12, 1998, approved the proposed curb cut location to Tonkaw ’a Road (County Road 135). 11. The Orono Park Commission has recommended that no additional right-of-way or trail easements are required from this developer since any future trail needs can be accommodated within the existing right of way. 12. The area of the stormwater pond shall not count towards lot area of Lot 3 for zoning purposes, but shall count towards lot area credit for hardcover calculation purposes only. The City intends that no hardcover variances will be granted for development of homes on Lots 1, 2 and 3. 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 of James Render at 1365 Tonkawa Road per prelimin^ pl^ drawings by Mark S. Gronberg, a licensed surveyor of Coffin & Gronberg, Inc, dated March 18, 1998, subject to the following conditions: Proposed Road (Birch Lane) on said preliminary plat drawing shall be platted as a private road outlet to be designated as Outlet A. A v’ariance will be granted for the 25' width of Outlet A and for the 16^ paved width of the private road which do not meet the 50' outlet width and 24 paved road width or 80' paved cul-de-sac standards for a private road serving 3 or more 1. 2. Page 3 of? CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 0 5?^_____ 3. 4. 5. 6. 7. 8. 9. 10. U. residences. All Lots shall access to the private road in Outlot A. No direct access to Tonkawa Road shall be allowed for any Lot. Lots 1 and 2 shall access the private road outlot via a shared driveway as shown on the preliminary plat drawings. The private road in Outlot A and the stormwater pond located in Lot 3 per the preliminary plat drawings shall be constructed by the developer subject to a Developers Agreement to be executed between the City ^d the developer. Private road and stormwater pond construction can begin as soon as the engineering plans for the road and pond have been approved by the Cit> and the Developers Agreement has been executed. The private road shall be allowed to access directly to County Road 84 subject to conditions for such access as imposed by the Hennepin County Department of Public Works in their required access permit. 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. No building permits will be issued until the private road base work has been completed and been approved by the City. The developer shall grant to the City an underlying Road and Utilities Easement for all of Outlot A except the westerly 5 feet thereof. Subdivider to designate drainage easements over all drainageways and stormwater ponds within plat. Subdivider is hereby advised that the City will not grant final plat approval nor allow road and pond construction to commence until the MCWD has approved all grading and drainage improvements on the property. The portion of the existing house on Lot 1 that is within 10’ of the east side lot Page 4 of? 12. 13. CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 O fi ^ line, as well as that portion w'hich encroaches into Lot 2, and the detached garage on Lot 2, shall be removed by the applicant within one (1) year of final plat approval. Applicant shall execute a Special Lot Combination Resolution to be filed in the chain of title of Lots 1 and 2 which disallows Lots 1 and 2 from being sold separately until such removals occur, and which would disallow any building permits for Lot 2 until the encroachments are removed. Payment of standard Park Dedication Fee. Subdivider is hereby advised that preliminary subdivision approval will expire within one year of the date of Council approval, March 23, 1999. 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. 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 Mark S. Gronberg of Coffin & Gronberg, Inc. dated March 18, 1998. b. Private road to be designated on the plat as Outlot A. c. d. Dedication of drainage ar;d utility easements 10' wide along the exterior boundaries of property and 5' along the internal lot lines. Designation and dedication of drainage easements over detention ponds and drainageways as shown on preliminary plat. f. The naming of plat. Page 5 of7 GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. d 0 5 R 2. Legal documents required: 3. a.Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b.The applicant must provide certified copies of all recorded easements currently affecting the property. c.Signed and executed Developer's Agreement and letter of credit for approved site improvements and construction of private road (Outlot A), drainage facilities, etc. d.Signed and executed Drainage Easements to be taken over drainageway and detention areas within plat. e.Signed and executed Road, Drainage and Utilities Easement over Outlot A except the westerly 5 feet thereof. f.Signed and executed "Declaration of Private Road Easement and Declaration of Maintenance for Same". g. Completed "Application for Private Road Name", h. Special Lot Combination Resolution (to be drafted by City and adopted by Council at time of final plat approval). Fees to be paid: Total due: $400.00* Final plat fee = $200.00a. b.Legal review and filing fees for subdivision and associated documents $200.00 c.*Park Dedication Fee: amount shall be determined as soon as City Assessor has placed a fair market value on the undeveloped land at the time of preliminary plat approval. The subdivider shall be advised as sjon as Assessor's report has been filed with City. Page 6 of 7 r* CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ‘4 0 5 5^ Adopted by the City Council of the City of Orono, Minnesota at a regular . meeting held this 23rd day of March, 1998. ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of March, 1998, by Gabriel Jabbour <& Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and .aid instrument was executed on behalf of the City. CWOLE A. HASEMAN notary PUBUC-MINNESOTA HENNEPIN COUNTY My CoflurJsslon Ewires Jan. 31.2*X» _ Notary Public Page 7 of? § 10.25 SEC. 10.25. LR-IC ONE FAMILY LAKESHORE RESIDENTIAL DISTRICT. Subd. 1. Purpose. The "LR-IC" One Family Lakeshore Residential District is intended to provide a district which will allow a combination of medium density residential development and limited agricultural activity. Planned residential developments may be allowed by conditional use permits. The proposed land use may not endanger the quality of storm water runoff into Lake Minnetonka. Because of the location of the district near Lake Minnetonka, special regulations are necessary to protect that natural resource from the effects of intense development. The district shall have immediate access to highways and public sanitary sewer. Subd. 2. Lakeshore Set Back, Hard Cover and Tree Removal Regulations. (See Section 10.22). Subd. 3. Permitted Uses. Within the "LR-IC" One Family Lakeshore Residential District, no land or structure shall be used except for one or more of the following uses: A. Any permitted use as regulated in the "R-1 A" District. B. Personal Wireless Service Antennas and Towers. 1. Purpose and Intent. The purpose of this section is to establish predictable, balanced regulations for the siting and screening of wireless communications equipment in order to accommodate the growth of wireless communication systems within the City of Orono while protecting the public against any adverse impacts on the City's aesthetic resources and the public welfare. 2. Personal Wireless Service Antennas. Personal wireless service antennas erected on a municipal structure may be allowed as a secondary use by administrative permit, provided they comply with the City policy regarding the use of City-owned property for wireless telecommunication antennas and provided they meet the following conditions: a. The antenna shall be in compliance with the Minnesota State Building Code and all other applicable federal and state regulations and permits. b. Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and shall be verified and approved by a registered professional engineer. c. No advertising message shall be affixed to the antenna. d. Antennas shall not be artificially illuminated unless required by law or by the Federal Aviation Administration (FAA) to protect the public's health and safety. ORONO CC 286 (4-1-84) § 10.25 e. When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses. f. Transmitting, receiving, and switching equipment shall be housed within the existing structure. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping. g. All obsolete and unused antennas shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the City Administrator or designate. The removal shall be the responsibility of the communication provider. h. Antennas shall utilize camouflaging techniques or shall be side mounted to an antenna support structure in order that such facilities are compatible writh the character and environment of the area in which they are located. i. The applicant shall demonstrate by providing a coverage/ interference analysis and capacity analysis prepared by a registered professional engineer that the location of the antenna as proposed is necessary to meet the frequency spacing needs of the personal wireless service system and to provide adequate portable personal wireless service coverage and capacity to the area. Source: Ordinance 183,2nd Series Adopted: 2-22-99 Subd. 4. Conditional Uses. Within any "LR-1C" One Family Lakeshore Residential District, no structure or land shall be used for the following uses except by conditional use permit: A. Any conditional use as regulated in the "R-IA" District except that a Planned Residential Development shall not be limited to detached single family dwellings only. Subd. 5. Accessory Uses. Within any "LR-IC" One Family Lakeshore Residential District, the following uses shall be permitted' accessory uses: A. Any accessory use as regulated in the "R-1 A" District any 'private docks’ subject to the City Code and other applicable regulations, including boat storage density regulations. Subd. 6. Area, Height, Lot Width and Yard Requirements. A. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. ORONO CC 286-1 (4-1-84) § 10.25 B. Lots. The following minimum requirements shall be observed: Lot Lot Front Side Rear Side Yard Adjacent to Area mm Yard Yard Yard Street 1/2 acre 100 feet 30 feet 10 feet 30 feet 15 feet ORONO CC 286-2 (4-1-84) ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 (US) #2308 Brook Park Realty, 3760 Shoreline Drive - continued Jabbour noted the City wishes to work with the applicant and is sensitive to the time issue, but will continue to protect the public health, safety and welfare. Kelley moved, Peterson seconded, to table Application #2308 for Brook Park Realty at the applicant's request, and that there would be a tolling of any time periods which would otherwise run against the City or the applicant during the continuance periods. Vote: Ayes 5, nays 0. (#6) #2339 JIM RENDER, 1365 TONKAWA ROAD - FINAL PLAT APPROVAL - RESOLUTION NO. 4091 Mr. Render and Mark Gronberg, surveyor, were present. Gaffron reported that the applicant had fulfilled all the conditions of the preliminary plat approval and was now seeking final plat approval. A private road will be constructed that is ending 5' short of the west lot line which forces the City to work with the property owner in the future to continue the road to Birch Lane. The grading plan includes a stormwater pond. The Watershed District originally accepted the plan and later found, under Rule B and because the lot is less than 2 acres, that a permit probably would not have been required. Gaffron explained that a meeting had been held recently with the Watershed District, Mark Gronberg, the City's consulting engineer and staff to discuss general stormwater practices. On some smaller sites a pond may not be the best solution. Other methods of cleansing stormwater and rate control may be just as effective. NURP ponds require a large area because they require a 10:1 bench for safety purposes. The Walker model NURP pond was developed for 20-40 acre sites. A policy should be developed for the City to handle situations where ponds might be required. Gaffron reported that the existing house is to be removed so a special lot combinaUon will not be required. The three lots each have an established value in excess of $61,250 so the $4,900 maximum park dedication fee per lot will be required. The applicant has requested that he be allowed to do the foundation work for the house on Lot 3 as part of the road grading work because of the pond location. Since there is good access for emergency vehicles from the County road, Gaffron did not think it would be a problem to issue a foundation permit for this lot. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 (^6) #2339 Jim Render, 1365 Tonkawa Road - continued Gronberg proposed to cut the drainage easement in half and work with the City Engineer to develop a grading plan to handle phosphorus and sediment. This would mean a change of the easement line on the plat and would move the house 20-30' further back from the lake. Goetten agreed that Gronberg’s proposal was a reasonable option. Council did not object to the applicant digging the basement on Lot 3 at the same time as road grading. Kelley stated he would vote against the proposal, as he did in the preliminary subdivision application, because he was not in favor of granting variances to City road widA standards and cul- de-sac standards, and the road should be brought all the way to the property line. Jabbour moved, Goetten seconded, to approve Resolution No. 4091 granting final plat approval of the property located at 1365 Tonkawa Road, on the condition that the applicant and City Engineer work together on modifying the NURP pond and reducing the drainage easement in half, and to allow the applicant to obtain a building permit to do the foundation at the same time as road construction. Vote: Ayes 4, Nays 1. Kelley opposed. (#7) #2340 ROBERT WAADE, 3280/3290 NORTH SHORE DRIVE - PRELIMINARY PLAT APPROVAL - RESOLUTION NO. 4092 Moved by Goetten, seconded by Peterson, to adopt Resolution No. 4092 granting approval of a preliminary subdivision for the property located at 3280/3290 North Shore Drive. Vote: Ayes 4, nays. 1. Kelley opposed as he is not in favor of a duplex at this site. (#8) #2341 DAT4 ANDERSON, 905 OLD CRYSTAL BAY ROAD SOUTH - FINAL PLAT approval - RESOLUTION NO. 4093 Gaffron explained that the stormwater plan for this plat has been approved by the Watershed District, and the mylars are available. Approval should be conditioned on the applicant completmg the punchlist of items listed in the May 22,1998 memo to Dan Anderson including: - standard documents to be filed. park dedication fee to be paid in the amount of $29,400. - grading plan to be followed. - private road to be constructed. buffer strips io be created for stormwater runoff. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23.1998 (#12) #2339 JAMES D. RENDER, 1365 TONKAWA ROAD - PRELIMINARY SUBDIVISION APPROVAL - RESOLUTION NO. 4053 The applicant was present. GaSron reported that the application was tabled at the last Council meeting for plan revision after applicant was provided conceptual direction. The 1.9 acre parcel is proposed to be divided into three building sites. Access has been the main issue of concern. Whether the 8' easement can be combined with the 25' private road for a 33' total has not yet been confirmed by the City Attorney. Gaffron reviewed the directions given by Council. He noted that the shared driveway to access the outlot road would reduce the amount of hardcover needed for Lots 1 and 2. The stormwater plan has been reviewed. Tom Kellogg had determined that the elevation of the houses would not affect the layout of the plat. The existing house on Lot 1 will be lived in for a time before it is sold by the applicant. Two options were given for the encroachment of the detached garage and portions of the house onto Lot 2. The resolution as drafted requires that the encroachments be removed within one year as well as requires a Special Lot Combination. Staflf recommended approval ot the application subject to the conditions as noted in the resolution. Render said he saw no conflict with the recommendations made by Staff. Jabbour noted that the stormwater pond has been moved from the front to the rear yard. Gaffron said there were questions on meeting the standards and impact on the lot. Mark Gronberg said the NURP pond is larger than what would be required for a regular pond. He would like to be allowed to have a regular pond and make a contribution to the Watershed District. Jabbour emphasized that the Council does not support contributions made to the Watershed District for ponding and believe all ponding should be conducted on the propert>'. Jabbour asked Staff to inform the Watershed District not to suggest to residents of Orono that cash contributions be made for ponding as it will not be approved. Gaffron explained that there were different standards for a stormwater quantity pond and a NURP pond. The NURP pond standards were adopted into the Comprehensive Plan. He agreed that more discussion is necessary on this issue as the pond will have more of an impact on smaller subdivisions than it would on larger ones. Jabbour questioned w'hether staff is suggesting we do not need stormwater ponding, and noted we should require ponding if it's beneficial to the lake, not just because we were mandated by other agencies to require it. ifiBiuy MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23,1998 (#9 - #2317 Khasrow Daivari - Continued) Goetten said she was more concerned with the structure's worthiness than with the averaae lakeshore setback. If the oorch cannot oass the buildina insoection and it was unsafe, she would not support it. Jabbour noted that if the request does not receive support, no building permit would be given, and the porch would have to be tom down. Jabbour agreed with the Planning Commission’s recommendation. Flint moved, Peterson seconded, to approve Resolution No. 4051 to deny Application #2317. Vote: Ayes 4, Nays 0. (#10) #2327 ORONO DEVELOPMENT, LLC - B-5 DISTRICT - AMENDMENT - ORDINANCE ADOPTION NO. 170,2ND SERIES John O'Sullivan and Tom Dillon were present. Gaf&on reported that the request is to amend the B-5 zoning district to allow coffee and bagel shops as conditional uses. The application was tabled at the request of the Council to allow for additional information to be gathered. Gaffron reviewed the number of issues that had been identified regarding specific uses, such as limiting the rvpe of foods allowed or accepting the use at face value. Other issues included how food was prepared, the kitchen facilities, and seating. Both uses function as a convenience type for take out or eat in services. Gaflfron indicated that there was enough parking on the applicant's specific site for the use. Gafifron reviewed types of restaurants and the amount of seating and parking required. Based on the information. Staff reviewed whether it was practical to regulate products and uses within the zoning district. He felt the City's goal should be to regulate the impact and not the product. Based on the information, Gafifiron added to the amendment a condition "d" stating that an individual use would be limited to 45 seats, or 60 seat ma.\imum for a combined use. Dillon said they have worked well with staff and feel the conditions are satisfactory. There were no public comments. Flint moved, Goetten seconded, to adopt Ordinance No. 170, 2nd Series. Vote: Ayes 4, Nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23,1998 (#12 - #2339 James Render - Continued) Cook said the ponding is being done because it is required and is important but does not necessarily have to be done in this manner. There are other ways to treat the water but they are more expensive. While this is not as aesthetically pleasing as it would be in a rural setting, it is the kind of system necessary to protect the lake for the long term. Jabbour said the ponding is then necessary. He suggested the pond be made as minimum as possible to meet the code. Flint and Peterson agreed. Gaffron said he was not recor.imending a change in the code but the need to realize the impacts of ponding. Goetten said she would not support the easement for the connection of Birch Lane to Tonkawa. She approved the subdivision itself but is concerned with what might happen in the future if the easement was taken. Jabbour agreed that the connection should not be made but felt the easement should still be taken. Render suggested the easement terminate 5' from the property line. Peterson said she agreed with Goetten’s comments. Flint said he felt this was the opportunity to get the easement. Mr. Putnam said it was upsetting that the Council may vote for an easement when they do not desire the road to go through. Jabbour said he supported the proposal and Staff and Planning Commission recommendations. Gerald Ray, 3442 North Shore Drive, opposed the Birch Lane connection. He liked what the Council was saying regarding no connection, yet noted that the Council will change in the future and so might the feeling regarding the connection. Dave Lindberg. 3440 North Shore Drive, agreed Avith Ray. He does not want to see the easement widened. He would like to maintain the current look of the neighborhood. Jabbour suggested stopping the easement as mentioned by the applicant 5' from the property line. Flint asked what the current use is for the easement. Jabbour said there is a private road and easement on the road. There are fences and garages located on it as well.^ Flint asked if the existing easement is used for any purpose. He was informed that it was a utility easement but may not provide complete vehicular access to the sewer. Flint said he would support the recommendation to stop the easement 5' from the property line. Jabbour asked Staff to amend the resolution to reflect the 5' change as noted. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23,1998 (#12 - #2339 James Render - Continued) Jabbour asked Barrett's opinion regarding Staffs recommendation on the house encroachment. Barrett agreed the recommendation was satisfactory as long as the special lot combination was completed as a condition of the preliminary subdivision. Render asked if the special lot combination requires further Council review. He was informed that it can disappear after one year. Render asked if it was necessary for the subdivision. Gaftfton said it was not. Peterson moved, Goetten seconded, to approve Resolution No. 4053 for preliminary plat approval with the addition that the easement will stop 5' from the property line and a special lot combination agreement is signed as drafted by the City with the house remaining for a time period not to exceed 12 months. Vote: Ayes 4, Nays 0. (A short recess was held.) (#13) #2341 DANIEL J. ANDERSON, 905 OLD CRYSTAL BAY ROAD SOUTH - PRELIMINARY SUBDIVISION APPROVAL The applicant was present along with Ed Otto, Kevin Prohasso and Marty Campion. Gaffron reviewed the general direction previously ^ven to the applicant by the Council. The stormwater plan has been submitted. City Engineer, Tom Kellogg, has reviewed it and had some questions relating to the grading plan. A stormwater pond is proposed at east end of Lot 7. It has been confirmed that Lot 7 meets the two acre minimun after adjusting for the pond. Cook was asked to comment. Cook said the amount of runoff that will reach the pond will be an improvement over the current situation. Lots 4, 5, and 6 will drain runoff toward the lake. Jabbour noted that by preserving the shoreline vegetation, there should be no problem. Gaffron indicated that an option would be to create a second pond by the lake but that would result in much damage to the shoreline. Cook agreed. Marty said about 1/3 of the site will drain to the pond. The remainder will drain to the north through a ditch system along the county road or to the lake directly. There will also be less runoff on the north lot with the expected decrease of hard surface from the existing situation. Anderson said the goal for runoff from Lot 3 is to bring it to the front by the cul-de-sac. Gaffron noted that the layout for Lot 7 technically makes the front lot line 50’ in length as opposed to the 200' standard. He questioned whether it should be considered a back lot. Lot 7 will now accommodate stormwater while still having septic sites and building pad. He asked if Council was satisfied with the layout of Lot 7 noting it appears to be functional. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9,1998 (#9 - #2338 Grant Wenkstem/Lakeview Golf - Continued) Peterson asked Kellogg to respond to the reference in the City Engineer ’s letter regarding a 10:1 bench, now shown at 3:1. She asked if this was an appropriate change. Kellogg indicated that a 10; 1 bench establishes an aquatic buffer as a safety factor but is not desirable on a golf course. He did not believe this was a big issue and would support the 3:1 bench. Gaffron concurred. Peterson moved, Flint seconded, to adopt Resolution No. 4045 granting a variance and conditional use permit to Lakeview Golf Course for land alterations involving expansion of the 5th and 18th tees and creation of two ponds. Vote; Ayes 5, Nays 0. (The motion had been amended as it originally only included the variance without the CUP.) (#10) #2339 JAMES D. RENDER, 1365 TONKAWA ROAD - PRELIMINARY PLAT The Applicant was present. Gaffron reported that the application is for preliminary plat review of the 1.9 acre parcel proposed for three building sites. The property had been subdivided in the past as part of a larger subdivision and now consists of three lots which were legally combined. The property is located in the 1/2 acre zoning district, and the lots meet that requirement. The Planning Commission reviewed the application both as a sketch plan and preliminary plat. The main issue for discussion is access. A 3-lot subdivision typically calls for a private road. This was originally proposed as a backlot configuration. The Planning Commission and Staff have concluded that a 50* corridor should be established for a road to potentially connect Birch Lane to Tonkawa. The Long Lake Fire Chief was present at the Planning Commission meeting and noted the difficulty with access for emergency vehicles when road systems are minimized. He cited a recent problem gaining access to a fire in a home. Staff recommended bringing a road to at least the west end of the property with a cul-de- sac. The applicant proposed a road that ends with a T that would be functional for the fire department to use as a turnaround. This is the fire department's least desired option; they would prefer a through road and cul-de-sac. The neighbors, however, find a number of problems with having a connecting road. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9,1998 (#10 - #2339 James Render - Continued) Gaffron indicated that Staff is today in receipt of a stormwater plan, but it has not yet been reviewed by Staff Gafiron said he would recommend that the application be tabled after discussion of the proposal. Staff recommended a private road be platted with an underlying easement to the City. Gaffron asked Council to consider whether the 42' in width for the outlot added to the 8' of adjacent easement will satisfy the 50' corridor. It will have to be confirmed by the City Attorney that the city has roadway rights over the 8'. The Council is asked to determine whether the corridor should serve as a link to connect Birch Lane to Tonkawa. Gaffron indicated that the applicant has asked for a 17' credit towards hardcover if he gives more than 25' for the road as he would lose area that could be considered in the hardcover calculations. Gaffron said Staff"reluctantly supports that request. He noted that larger homes could be built if there were only two lots instead of three. One lot includes the existing house but the garage is located over the proposed lot line requiring further review. Gaffron reviewed the issues for discussion #1 through #5 as noted on page 4 of the memo. Mr. Render said he would like to create three lots with similar size homes to the neighborhood with about 4000 s.f of hardcover. Render said he is not in favor of the cul-de-sac option due to the public landing nearby. He agreed with the need for good planning indicating a possible need to connect Birch Lane to Tonkawa in the future. He reiterated his request for a hardcover variance to offset the property given for a road easement. Render said the only other issue of concern is the requirement for a NURP pond. He said the proposed pond has been pulled back on the property to protect two large oak trees. He feels the rate of flow can be handled without requiring a NURP pond. He suggested the possibility of making a cash contribution to the Watershed for mitigation. Jabbour informed the applicant that the City of Orono requires that all mitigation be on site. He would not support any cash contributions in lieu of ponding on site. Jabbour said, while he is not an advocate of the cul-de-sac requirement in the code, a cul- de-sac cannot be selectively chosen. Jabbour felt it is best to look at the issue comprehensively. He felt it would be better not to have a cul-de-sac if the concerns of the fire department could be addressed. He felt the road should be 28' wide. Gaffron said he is obligated to defend the code. He suggested the code be amended if the Council is not comfortable with it as written. Jabbour said he is also concerned with violating the Comprehensive Plan by having a private road in an urban area. J •IflOlt •JMCt •]01t Kititi*tiimii WW«I r«vr«PTCtWtl r« ICC# •ifiiiti [•uwtimi rtmv/t Mil €%y-umv£%wu m I rtitwti tl«OT:r«tUKtVfrtlflvilTfTiTtl rtmiiitiiit «•(§ l•ItllIt hlMCt tlWUiftHiiFJ r«sf« tHKi iMiTtl rairtp.u^fi rtiiirtit ^^Tf4r§TiF •Itra Mira Mtltjl At.Ril f iMM [•mra •iti« [•nira •■ra FiTirei raTrl ■ •T^VT?Z r73¥1 ^L^i«Jl< ifil Wiiry [MtTCtra •JCtlf tlwfl [tUM¥^•iOltl fKtimtjiirJf Mlirt &MiTTOr5ra •111*^ fltliC^lliT^ tjorii rtTfiira Carlson indicated that the low portion of Birch Lane is in a flood plain. He asked how far the flood plain extends. Jabbour suRnested Carlson discuss the issue with staff. He noted that the Watershed District was redefining the flood plain, and this is a concern for the Comprehensive Plan update. Jabbour informed Carlson that the Council will be discussing stormwater at their work session. Carlson asked that an answer be given regarding the possible connection of Birch Lane as it will affect many homes. Mr. Lindner, 3440 North Shore Drive, reported that there are 4 homes served on his 10' driveway. He noted that the fire chief had indicated at the Planning Commission meeting that a fire truck must be within 500' of a pool to serve a property. Lindner said all of the homes located in the back of the area can be served from CoRd 51 so questioned why access needs to be provided elsewhere for the equipment. He felt a 28' road was not aesthetically pleasing, noting there are smaller roads in the City. Lindner said he has experienced problems with having the Ma.xwell Bay access nearby. He felt the road would add to that problem, and he would be further affected if the road was connected. Lindner noted there is no room for children to play in front of the homes and the road would eliminate the ability for the children to play in the rear of the homes. Lindner reported that his home is 1500 s.f and others were about 2000-2500 s.f He questioned how the proposed 4000 s.f homes would fit in to the neighborhood. Render responded that the 4000 s.f includes all hardcover, including driveway. Lindner said he would like to see the property divided into two lots only and asked that no variances be allowed. Ed Engler, 3450 Birch Lane, reported that Birch Lane ends at his garage. He noted the large amount of traffic due to the public launch, the public access, and nearby marinas resulting in no shelter irom trartic for many of the neighbors, it the road was connected, it would increase this problem. He felt the road connection would be dangerous and create an unhealthy situation. Debra Robertson, 3440 North Shore Drive, said the 10' driveway has served the four homes for over 30 years with no problems. It baffled her to think that a 28' road was required to serve three homes. Robertson reported that Birch Lane did run through the property 80 years ago and a trade for access to Crystal Bay was made for CoRd 51. The road connection would result in their losing their access to North Arm, and the properties would be surrounded by three roads causing increased traffic. Jabbour reported that the reason a 28’ road was recommended was due to the vision of it becoming a public road in the future. He said the Council is obligated to recommend access that would accommodate fire trucks. Jabbour said the council is aware that the area is congested and is attempting to control it as much as possible. He said it is not the Council's vision to surround homes with roads. MESTTES OF THE REGULAR OROXO CITY COUNCIL MEETING HELD ON MARCH 9,1998 (#10 - #2339 James Render - Continued) Mark Gronberg commented that the hammerhead is an approved fire truck turnaround in many cities. He noted that the uniform fire code calls for a 20’ road. He also referenced the close proximity to Tonkawa. Gronberg added that the three lot subdivision would be in keeping with the neighborhood. Goetten asked if Jabbour did not visualize the street going through, what width he felt the road should be and whether private or public. Jabbour responded that this is the best time to obtain an underlying easement. He asked the Council whether the City needs the easement and how wide it should be and how long the road should be. Peterson said she agreed with Kelley that the Council is to provide for the health, safety, and welfare of its community but noted that qualify of life is also important. She felt a narrower road was appropriate for the neighborhood. Jabbour said he agreed with Moorse in questioning if the intent of the code can be met without having to build a major road while providing fire protection for the homes. He does not feel the welfare of the people would be placed in jeopardy but questioned where the new residents will park. Kelley commented that the first three homes access on CoRd 51 and that is the logical place for access for all of the homes. Council members agreed. He noted that if all of the homes were being plotted today, all six lots could access fi’om a 28' easement at the rear, but he understands that this is not possible. Jabbour concurred that the Council must work with what is there. Render suggested an alternative of a 25' road easement on the property at this time. In the future if more roadway is needed, easements can be acquired from other properties. Jabbour agreed. Gatfron was asked to verity that there is 16' of easement now and the 17' additional feet would equal the 25'. Gafifron said he would have to confirm with City Attorney Barrett that the 8' easement could be used for a road. Gronberg indicated that information indicated it was a road easement and not a driveway easement. Jabbour asked Council if the easement is necessary. Kelley said the minimum amount of easement should be 33'. Flint said he also favored the 33' easement but did not support the road going through. Peterson and Goetten agreed. Goetten said she assumed this did not include any credit for hardcover. Jabbour confirmed that it did not. He noted the applicant would also be required to mitigate on site for ponding. ... ..... MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9,1998 (#10 - #2339 James Render - Continued) Jabbour reiterated that the plan should include a 25' easement for a total of 33'. There would be no hardcover credit for the road, and the applicant would have 16' for a driveway. A hammerhead style turnaround would be acceptable with parking at the end of it. Kelley said he would not support any proposal without a cul-de-sac and 28' road. Peterson asked what size cul-de-sac would be required. Gaffron said it would normally require an 80' paved surface to provide the necessary benefits. Jabbour suggested all properties likely would be served from Tonkawa for fire emergencies and the hammerhead would provide the needed parking space for the residences. Jabbour reiterated the outlot would be 25' plus 8' for a total of 33' for the easement. The road would be 16' wide with a hammerhead. No variances would be allowed for lot area, lot width, setback, or hardcover. Jabbour questioned whether credit would be given in area for the ponding. Gafifiron indicated that the pond area could be credited towards hardcover in the 75 ’-250' setback. The credit would not be for lot area, which has been done in sewered areas only with wetlands. GafFron indicated that the pond would only affect the one lot in which it will be placed. Gronberg noted that the attempt was to accommodate the neighborhood drainage but suggested the pond may be built to only treat these 3 lots. Gaffron indicated thit the City Attorney has suggested if there was any variances that a 60-day extension be requested after the initial 60-day period. Jabbour asked if any variances were anticipated. Gaffron said a road width variance would be necessary. Render was asked for approval of the 60 day extension. Render asked if all of the 60 days were necessaiy. He was informed that it would probably not take the entire time period. Render indicated the property is to close on May 1 but would give approval for the extension. Barrett indicated that consent is only necessary when the City goes beyond the 60 day time period. Kelley asked for clarification on the road easements. He was informed that there was 8' on the south side as part of the 33'. With the additional 17' to the 8’ on both sides, the total would be 33’. Jabbour said the 8' easement requires verification. Kelley suggested that it be stipulated in the resolution that no hardcover variance would be allowed. Gaffron said a statement of intent could be included. Kelley asked that this be done. Jabbour agreed that the City should take a more aggressive stand on this issue. Harold Gillette, 3470 North Shore Drive, said he has lived in the neighborhood for 50 years. He voiced concern for the children if the road w’ere to go through to Tonkawa. Jabbour informed him that this Council felt strongly that the road should not go through at this time. L, MEWTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9,1998 (#10 - #2339 James Render - Continued) Mr. Carlson asked if the Council can add language stipulating that the road will not go through in the future. Jabbour informed him that this Council cannot bind future Councils but indicated that the minutes will reflect the Council's desires. Mrs. Robertson asked if all of the neighbors were contacted regarding the application. Jabbour said any review of the road will not occur without the neighbors being contacted. Mr. Regan asked about the pond. He was informed that the pond acreage will not count against the hardcover but only applies to the one lot unless the pond is built as part of two lots. Gronberg noted that the pond is bigger due to the runoff from Tonkawa. GaSron recommended the application be tabled for preliminary plat review noting the conceptual direction given. Jabbour moved, Goetten seconded, to table Application #2339. Vote: Ayes 5, Nays 0. (A short recess was held.) (#4) #2317 KHASROW DAIVARI, 1082 LOMA LINDA AVENUE - AFTER-THE- FACT VARIANCES Jabbour moved, Goetten seconded, to obtain an extension of the time period for review of the application. If the extension is not granted by the applicant by the end of the business day on March 11, 1998, the application will be denied. Vote: Ayes 5, Nays 0. Staff was asked to explain to the applicant that State Statute mandates the extension be provided. (#11) #2341 DANIEL J. ANDERSON, 905 OLD CRYSTAL BAY ROAD NORTH - PRELIMINARY PLAT The Applicant was present. Gafrfon reported that the application is for preliminary plat approval of the 17.5 acre Carpenter property. The sketch plan included 8 lots. The plan has since been revised to 7 lots. The property is located outside of the MUSA boundary and will require septic and well. A 700' road wth cul-de-sac is being proposed. Gaffron reviewed the house locations. The 7 lots will be served by a private road. The 7th lot will have a driveway that is an extension of the private road. This has been approved by the County. The existing residence on Lot 1 will remain and will meet all setbacks. Lots 1 and 2 are technically through lots. Lot width variances are required for Lots 2 and 3 as they do not meet the 200' width requirement at the 50' setback. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 17. 1998 (#4 . #2326 Orono Development - Continued) Stoddard moved, Lindquist seconded, to approve Application #2326 for commercial site plan with building design and building material variance to allow shake facade, a hardcover variance, front yard parking setback variance of 5' requiring a 15' setback, and subsequent signage approval by Staff for a uniform sign plan, and as further recommended by Staff. Dillon asked what will occur if the study finds that they are unable to get a 15’ setback. Stoddard said the Council will discuss it and use the Planning Commission's recommendation in their consideration. McMillan noted in her opinion the applicant should consider that they have not demonstrated a hardship for this variance. Vote: Ayes 5, Nays 0. SCHEDULED PUBLIC HEARINGS: SUBDIVISIONS (#5) #2339 JAMES D. RENDER, 1365 TONKAWA ROAD - PRELIMINARY SUBDIVISION - 7:31-8:15 P.M. The Certificate of Mailing and Affidavit of Publication were noted. James Render and Mark Gronberg were present. Gaffron reported that the proposal is to subdivide a 1.9 acre parcel into three building sites. The original plan had proposed three lots with an outlot that continues only to the third lot. The revised plan would expand the outlot to a 42' total width. Along with the 8' casement already in place, it would result in 50’ for a future road connecting Birch Lane to Tonkawa. The plan includes issues of concern for a cul-de-sac and its impact on hardcover. The plan also does not address the need to serve the neighbors in the future, especially in emergency situations. Birch Lane is presently a 20' corridor that serves about 10 homes. The property between Birch Lane and Tonkawa is presently served by a driveway. Gaffron asked the Commission to consider the need to expand Birch Lane over to Tonkawa. He questioned whether the road needs to be developed now or provide the means for future expansion. The issue also involves whether to require a private road and-> cul-de-sac to serve 3 or more lots. The subdivision would provide the land for the road extension. The hardcover impact is a primary concern for the westerly lot as the area within that lot is smaller. The Commission was asked to consider whether to give the applicant hardcover credit for the property given for the roadway. Gaffron recommended that a temporary cul-de-sac be constructed between lots 2 and 3. A vacant lot to the west may eventually need access as well. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 17. 1998 (#5 - #2339 James Render - Continued) Gafiron reviewed the engineering issues as noted in the information packet, #1-6. The future street extension is provided for in the current plan. He noted no information has been received from the MCWD. A developer’s agreement would be required including a financial guarantee. Gaffron reviewed the general subdivision comments noted. He indicated that the existing 33' right-of-way is satisfactory for Tonkawa Road. Gaffron said the issues for discussion center around access. He noted that the Comprehensive Plan for an urban area looks at the need for a public road. If that is the case and a cul-de-sac is built, there would be an issue with traffic and proximity to Maxwell Bay access. He questioned whether the road could be restricted in its use or if it should be posted as private. Gaffron reviewed the Staff recommend itions #1-7 as noted on page 6 of the packet information. Long Lake Fire Chief, Mike Brown, was present. He indicated that his immediate reaction to the plan was to ask that the road be extended across to Birch Lane. Brown said this area is difficult to access. He relayed difficulties that recently occurred from a fire on West Farm Road. The situation is similar to that found in this area for emergencies. Brown said he discourages cul-de-sacs as they are difficult to get to and maneuver in. If a cul-de-sac is built, it should be larger according to Brown. He would like to see cul-de-sacs that are large enough to drive into and turn around and wide enough for trucks to pass each other. Brown was informed that the standard for a cul-de-sac is paving 80' in diameter. Brown felt this was sufficient for emergency needs. McMillan noted the problem with ha\dng private wells and no hydrants. Brown said water is trucked in. Brown said at least one engine has to get into a property when fighting a fire. James Render agreed that good planning calls for the continuation of the two roadways. He had informed Gaffron that he would contribute his share to that cause. While there would normally be an even share for right-of-way. Render agreed to provide 42' on his side of the property for the future road. Render noted that this results in a large loss of area that is necessary to meet hardcover allowances. He requested a credit be ^ven for the property taken towards hardcover. He is concerned with building that roadway at this time. Render does not believe the road should be built until it leads somewhere. ...- ■ ^ »A". MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 17, 1998 (#5 - #2339 James Render - Continued) RenJer felt a cul-de-sac would negatively affect the subdivision as it would only serve three properties. He noted that the property is less than 300' from a public launch and is concerned with the use of a cul-de-sac by boat trailers and public access users, increase in traffic, increase in paved area, and additional hardcover. The meeting was opened to public comments. Daniel Reagan said he lives two lots in from the comer on North Shore Drive. He voiced concern with the road extension. Reagan believes fire trucks should be more environmentally friendly and made of a size that corresponds to the typical roadways. Lindquist noted that the Commission has no control over the size of fire trucks. He informed Reagan that the standard width of right-of-way for public and private roads is 50'. Gaffiron added that the road itself would be 28' wide, which is typical in rural areas. Reagan was informed that the easement is currently 8' and the applicant proposes to add 42' to the 8'. Reagan questioned how this would affect the 1/2 acre requirement. Gaffiron informed him that the 42' would be taken from the new subdivision and would not affect current property owners. The 8' easement has been in place for about 30 years and includes the sewer line. Reagan said he is also concerned with the flood plain and additional drainage from new development. Lindquist noted that this is considered in the review process. Gerald Ray, 3442 North Shore Drive, said his house is accessed by the end of a private driveway. Ray said his property would be impacted by the continuation of the roadway by loss of Ws 3-car garage. He did not support the road extension. Dave Lindbergh, 3440 North Shore Drive, said he would also lose part of his property if the road is continued. He indicated that his property fronts CoRd 51. If the road is continued, his children would be limited where they could play. He suggested homeowners plow their driveways wider to provide access for emergency equipment. He does not support the road extension. There were no other public comments. McMillan noted that the new plan calls for a T-shaped blacktopped area, instead of the cul-de-sac. Gafiron said the applicant is attempting to strike a compromise by providing for the future without affecting the existing neighbors. The T-shape is about 50' long. Gronberg said the T shape has been approved by other cities for use as a fire truck turnaround. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 17, 1998 (#5 - #2339 James Render - Continued) Gafiron confirmed for Lindquist that the other two options were a ^l-de-sac or just a __A I ;n^mnct fplt the 50' road should be dedicated and remain pnvate until such tun ron confirmed tor Lmaquisi inai me omcr iwu upuuu;. - ---------- - ^ Lindquist felt the 50' road should be dedicated and remain pnvate until such time the road is extended. Lindquist noted the need to determine whether a T or cul-de- _ I J l_ \m. *1^ • road that the sac should be built. Render informed McMillan that he would ask for an additional' J’ return for providing the dedicated roadway. Ga»on informed McMUlan that the typical setbacks would be required. Gaffi-on said the private road outlot would be dedicated the entue length. The City wou take an underlying casement. The Commissioners were in agreement with Gaffrons recommendation for a 28' wide roadway. The question remained of when the road should be extended ^d whether a T sac Lindquist said he preferred the cul-de-sac but understood the conce^ ^ appUcant if one was buUt. Smith suggested a shared dnveway be allowed for two lots. She recommended two driveways instead of the cul-de-sac. Render clarified that the 28' wide private road would extend only to where the turnaround would be located. Commissioners agreed. between lots 1 and 2 for future access. Lmdquist moved, McMillan seconded, to approve Application #2339 with the easement. The road would be a 28'shared pnvate road with a pa%edT turnaround. T applicant would be allowed a credit of a 17' strip of land for hardcover allotment. Gronberc asked if the road could be platted as a 25' outlot with an additional 17 easemen?. Lindquist said it would have to be 50' platted through 42' from property owner and 8' from other properties Vote; Ayes 5, Nays 0. (#6) M340 ROBERT WAADE, 3280 AND 3290'siS-S-SO preliminary subdivision WnH CONDITIONAL USE PERNUT - 8.I5-S.39PRELIM P.M. The Certificate of Mailing and Affidavit of Publication were noted. MINUTES OF THE ORONO PLANNING COMMISSION IvIEETII nG HELD ON FEBRUARY 17, 1995 . #2340 P-ob^rt Wnsdc - Continued) The Applicant was present. Gaffron reported that the subdivision was originally reviewed as a sketch plan. The property is located in the LK-1C-1, 1/2 acre single tamily zoning distnct. l ne proposal is to subdivide the property into two lots, one lakeshore lot wth a single family residence and one non-lakeshore, non-riparian, with duplex. The code requires 1/2 ac*e. The duplex would require a conditional use permit. A duplex is allowed on the property as the property is within 200' of the B-2 Commercial District to the west. The proposal includes a 50' platted road corridor to serve these properties and three existing homes to the north as well as the garage of the home on the comer. A 30' wide outlot would serve the backlot, which requires 150% of lot area and setback standards. This requires the lakeshore lot to be 3/4 acres in size, which it is. Gaffron indicated that by crediting the 75-250' hardcover in the 250-500' setback, the property would meet the intent of the hardcover regulation. Gaffron reviewed the lot standard requirements. He noted Lot 2 is technically a front lot. The duplex lot does not meet the area standard for being riparian, and as such, would be a factor to account for in determining whether the duplex lot could have lake access. Lot 2 meets the 135' minimum width for a duplex if the front lot line is defined as the east frontage of Lot 2 abutting Outlot A. This would eliminate the need for a variance. The side and rear yards are conforming Gaffron noted that the code calls for no more than two residences being served via an access outlot but the plan calls for three units served by Outlot B. Gaffron indicated a solution would be to design a duplex with a separate access driveway coming off the road outlot, Outlot A. Outlot A is being platted as a private road. Staff believes it is reasonable to require a 24' paved road be constructed the length of Outlot A and connect from the end of the lot to the County road to the north. Lot 1 meets the requirements for a backlot as noted in the information packet on page 2. Gaffron said Hennepin County Public Works has suggested in their comments that a triangular piece of right-of-way be dedicated to deal with the slope and sight distance concern along North Shore Drive. This presents a problem because dedicated right-of- way is subtracted from the calculation of lot area. The result would be a lot less than the required 1/2 acre and necessitate a variance. Gaffron reported that a grading and drainage plan has not yet been submitted. He also noted that the MCWD suggests a payment towards ponding in lieu of constructing a pond on the property. The City Engineer, however, suggests a pond be constructed. If this occurs, the lakeshore lot would then be less than the required 3/4 acres. in A RUN DATE tVZt/Tf HENNEPIN CCHRITV PROPERTY INFORHATION SYSTEN PROPERTY OWNERS LIST REPORT NO. PIAS5401 PAGE 1 RATCN PROP ADOR OWNER WANE TAXPAYER NANE/ADOR PROP um OWNER NAHE TAXPAYER NANE/ADOR PROP ADDR OWNER NANE TAXPAYER NAHE/AODR PROP ADDR OWNER NANE TAXPAYER NANE/ADOR PROP ADDR OWNER NANE TAXPAYER NANE/AODR niCP ADDR OWNER NANE TAXPAYER NANE/ADOR 30 00-117-23 13 0010 01205 TONKAWA RD THONAS H SNITN i WIFE THONAS N SNITH 1205 TONKAWA RO LONG LAKE NN *55350 30 00-117-23 42 0001 01220 TONKAWA RD F E GUTTORHSON/C J 0 DWIGHT F E 6UTT0RNS0N/C J D DWIGHT 1220 TONKAWA RD LONG LAKE NN 55350 30 00-117-23 42 0002 03340 NORTH SHORE DR STATE OF NINNESOTA DNR - REAL ESTATE N6T ATTN TAX SPECIALIST 500 LAFAYETTE RD ST PAUL NN 55155 30 00-117-23 42 0003 03300 NORTH SNORE DR STATE OF NINNESOTA DNR - REAL ESTATE NOT ATTN TAX SPECIALIST 500 LAFAYETTE RD 30 00-117-23 42 0005 03430 NORTH SHORE DR S J I A C TRAWICK STEVEN i ALICIA TRAWICK 24 DEEPWOOD RD OEDFORD NY 10500 30 00-117-23 42 0000 01355 TONKAWA RO JANES D RENDER JANES D RENDER 5120 EDINA INDUSTRIAL ILVD EDINA NN 55434 ST PAUL NN 55155 30 00-117-23 42 0007 01335 TONKAWA RD JANES D RENDER JANES D RENDER 5120 EDINA INDUSTRIAL OLVD EDINA NN 55434 30 00-117-23 42 0000 01315 TONKAWA RD JANES D RENDER JANES D RENDER 5120 EDINA INDUSTRIAL OLVD EDINA NN 55434 30 00-117-23 42 0004 00030 ADDRESS UNASSIGNED JANES D RENDER JANES D RENDER 5120 EDINA INDUSTRIAL OLVD EDINA NN 55434 M M-lir-ZS 4S 0«14 •MOt NORTH SHORE DR 6 J YARNES JR A R L VARNES KENATH R R DONNA J STEIN SARR NORTH SHORE OR WAVZATA HN 5SSR1 SO Ra-117-2S AS RRI7 RSAIR NORTH SHORE DR DANIEL F RECAN I WIFE DANIEL F RECAN SAIR NORTH SHORE DRIVE HAYZATA HN 5S3A1 36 RS-117-2S AS RR16 R3A2R NORTH SHORE DR A A KIVUS ET AL N/L EST ANBROSE A t ALICE J KIVUS SA2R NORTH SHORE DR HAYZATA HN 55SR1 CO . / 30 00-117-23 43 0014 03440 NOOTH SHORE DR DAVID J LINDOERG DAVID J LINDOERG 3440 NORTH SHORE DR WAYZATA NN 55341 30 00-117-23 43 0020 03442 NORTH SHORE DR GERALD J RAY ETAL GERALD J RAY 3442 NORTH SHORE DR WAYZATA NN 55341 30 00-117-23 43 0021 03450 NORTH SHORE DR WILLXAN C ODDEN WILLIAN C ODDEN 3450 NORTH SHORE DR WAYZATA NN 55341 e I5-. ^ - m I 30 00-117-23 43 0022 03444 NORTH SHORE DR WILLIAN D ROBINSON W D ROBINSON 3444 NORTH SHORE DR WAYZATA m 55341 30 00-117-23 43 0023 03450 BIRCH LA E R ENGLER I B ENGLER EDWARD R i BONNIE ENGLER 3450 BIRCH LA WAYZATA NN 55341 30 00-117-23 43 0024 03440 NORTH SHORE DR JIN ERLER JANES t NARY ERLER 3440 NORTH SNORE DR WAYZATA NN 55341 1 ■ c Hennepin County Public Works ATTN: Mike Sandell 417 North Fifth Street Suite 310 Minneapolis MN 55401-1360 INVOICE Bill to: City of Orono Department of Public Works 2750 Kelley Parkway,PO Box 66 Crystal Bay MN 55323 Invoice No.TRAN0000203 Date 04/27/2000 Due Date 06/11/2000 Customer No.TRANORONOOOl Countv Agreement Prelect 2944400 C'.-'iomer Agreement Project PW 53-08-96 Period Beginning 00/00/0000 Ending Invoice Type 00/00/0000 Comment 1%/MO AFTER 45 DAYS 1 MUNI SHARE RIGHT OF WAY $419,377.97 1 Less: Previous Payment Invoice #28205 11/30/98 ($202,927.23) $419,377.97 ($202,927.23) 5-\~00 Cti 6 1MU>' All payments to the County must be postmarked by the date due or a late penalty of 1% per month , or a fraction thereof, on the unpaid balances will be charged to the City.^»Total Please send payment to the above address Remit by check, money order, or draft payable to: "HENNEPIN COUNTY TREASURER" PLEASE PRINT THE INVOICE NUMBER ON YOUR REMITTANCE Page 1 C.S.A.H. 6, PROJECT 9444. TOTAL RIGHT-OF-WAY COSTS THROUGH 11/30/99 n PAYEE DESCRIPTION ;x ‘: WARRANT DATE AMOUNT HENNEPIN COUNTY ORONO INDEPENDENCE- STATE AID MUNI efFeit & F anagan Title Opinions 05/09/97 $75.00 $37.50 $37.50 5*5 CO 7lBes: & F anaoan Title Opinions 05/09/97 $75.00 $37 50 $37 50 ?‘!:co AiBfist & F’anaoan Fitle Opinions 05/09/97 $75.00 $37 50 537.50 s:i50o 3est & F anaoan Ttle Opinions 0S09;97 $7500 $37 50 $37.50 * s:*:cc aes! A " anaaan Title Opinions 05/09/97 $7500 $37 50 $37.50 'i S-’5C0 1 1 M i Best & F anaoan Title Opinions 05/09/97 $75.00 $37 50 $37 50 1 $4:0 CO 9QiRpst K F’anaaan Title Opinions 05/09/97 $75.00 537 50 $37 50 Sf:5co 311 Best & F anaqan Title Opinions 05/09/97 $150 00 $7500 $75 00 1 sr5col 321 Gere Rcsenblum Title Opinions 05/09/97 S75.C0 $37,50 $37.50 S 60 CO P'5enblum Title Opinions OS'09'97 $75.00 T $37.50 $37 50 S: 25 col ' 34^Gene Rcsenblum Title Opinions OS 09/97 $75.00 $37.50 $37 50 $9;oco • 35lGere Rcsenblum Title Opinions 05 09.97 $75 00 337 50 $37 50 i.-'o 00 ' 36 Gere Rcsenblum Title Opinions 05/09/97 $75.00 537 so 537 50 1 S* 160 00 . P-senhlum Title Opinions 05/09/97 $75.00 $37 50 $37 50 1 S' ' 05 00 33 Gere Rcsenblum Title Opinions 05 0997 $7500 575 CO 1 s* ::o oo 1 39 Gere Rcsenblum Title Opinions 05/09/97 57500 575 00 1 s-rsoo i 12 Lam, C:u!ter Title Opinions 05/29-97 $90.62 545 31 $45 31 i S* 1:5 52 ^ i 15 La'Tv C: Liter Title Opinions 05/29/97 59062 $4531 $45 31 1 S' 486 24 1 • w 17 La"v Coulter Title Opinions 05/29/97 $90.62 545 31 545 31 1 S' :-6 86 18 Lcrrv Coulter Title Opinions 05/29/97 $90 62 $45.31 $45.31 ! S' ;27.48 19 La*^,' Coulter Title Opinions 05/29.97 $90 62 545 31 $45 31 1 S'"3 10 ??La"*; Coulter Title Opinions 05/29/97 $90.62 $45 31 $45 31 1 S' :'3.72 23 Larr^ Coulter Title Opinions 05/29/97 $90.64 545.32 545.32 1 S' .-:9.36 ?8 Larr; Coulter Title Opinions 05.29 97 $90.64 545 32 $4532 1 s:::oco -r^Ara Rn^enhlum Title Opinion 07/29.97 $7500 $37.50 $37.50 s: :'5.oo A Fianaaan Title Opinion 08/01/*97 $7500 $37 50 $37 50 SI *50 00 1 20A Title Opinion 03.01/97 $75.00 $3/50 $37.50 s: 125 00 L1 f 1 1^Tra r A F!i2afce!."i V/iiliarrs Temp Const. Permit 12 16.^7 $900 00 $450 00 $450.00 S3 '25 CO n Res! A Flanaaan Title Opinion Update 12/13/97 SOO $17 50 51750 S3 • ;0.00 n 'PiPr-p Rafcerl & Mar^Perm Hwy/Dratn Ease 122397 S5..i0 00 $2.875 00 '.2.875 00 S: 9':.C0 1 40 Rr'-p* 3*ijCa Temp Const. Permit 12/2397 $150 00 $150 CO 1 s; .'rO.OO 13 Temp Const. Permit 1231/97 $599 00 $299 50 $299 50 1 S:- ;:9.00 Fern A Lavon Deferman Temp Const. Permit 1Z'31;97 $90000 $45300 $450 00 1 S’: :59 0O 1C i Douoias Van Moor Perm & Temo Easement 12'3l/97 53 400 00 1 $1,700 00 51 700 00 ' $13:-55C0 ihIRa^! a Fianacan Title Op'rvcn Update 01/15/93 $3500 51750 1 517.50 i S’3 -44 00 4 Douo as & Ann Hawkinson Temp Easement Ot/29 93 1 5250 00 $250 00 5*4 iGdOO 2 Dora 0 Painter Temp Easement__________01’29 98 1 SlOOOO $100 00 S14 344 00 Q Nnrt-P'* Johnson Perm & Temp Easement 02/26-98 52.75000 $1,375 00 $1 375 00 51" : 94.00 l6iLarr# Ccuiter Title Opinion Update 03'10.93 $3500 $17 50 $1750 Si" '29 00 i7iLarr« Ccjiter Title Opinion Update 03/10/98 $3500 $17.50 $1750 S'- -34.00 iCll arr. Liter Title Opinion Update 03.'10 98 $35 00 $1750 $1750 S’- '99 00 2QA Larr, Ccutter Title Opinion Update 03/10.98 $35 00 $1750 517.50 $1* ::4co 23 Larr, Coulter Title Opinion Update 03'10/93 $35 00 $1750 $1750 S’- :;9 00 1 4fc W *2 Jar-*65 Caroarter Purchase Easement_______0324.93 52 3C0 00 $1.450 00 $1,450 00 $21 *59 00 ' 17 Katra^re Caiprove________Purchase Easement_______03/24-98 $5,000 00 $2.500 00 $2.500 00 523 '39 00 1 ar-- ter Title Opinion Update 0326-93 $35 00 $1750 $1750 523 ::4C0 23!sr rp. 4 He Purchase Easement 03.30-98 1 5950 00 $475 03 $47500 523 ' 54 00 1 7'He'*'*eC'r Cour ty D'Strc*Cond Deposit 04/07/”93 1 $10.600 00 S5.3CO 00 $5 200 00 1 $36 54 00 1 1 3i Her**6C n County D'Str. t Cond Deposit 04/07.98 $4 850 00 $2,425 CO $2 425 00 1 S4'-;:4CC, * 1 iHe-*€: n Courr. C stnc;iCcnd Deposit 04,0793 $21 2C0 CO $10600 00 $10 600 00 I $6: ::4 u 1 iSlHe'^rec n Counw D'Slnct Cond Deposit 0407/93 $24,300 00 $12.150 00 $12.15000 Sc* * !4 CO 19*Herrecn Counb/ District Ccnd Deposit 04/07.93 $3.700 00 $4 350 00 $4.350 00 1 593-:4 col 2CA Her^ec n Coun^✓ Distnct Cond Deposit 04.07.98 $1 250 CO $625 00 $625 00 1 $4-::AC0 I 22 Her-e: n Counr. D'Stnct Cond Deposit 04.07 93 $3 000 00 $1.900 00 $1 900 00 ' $1C: :54C0 I 2SiHer'‘€C n Court*^ District Ccnd DeoosA 1 04/07/98 525 400 00 $13.20000 $13,200 CO 512- 254 00 n Cotirr.' D'Strict Cond DeposilMi'H S :W'' 04/07 93 S37 2C000 $18 600 00 $18 600 00 $164 154 00 1 3/5 He^^ac’n Courr; DiStnct Cond Deposit 04.07 98 52.100 00 $1,050 00 $1.050 00 i 3133 354 CO 311 He'"‘€c n CourT/ D'Strict Cord Deposit 04.07-93 $15 000 00 $7 500 CO $7.500 00 1 $13* 554 00 k Her'-p- n Courr^ DiStrct Cond Deposit 04-07,93 $46 200 CO $23 100 00 $23. ICO CO 1 S22"54C0 ^ 32|He'"€Cin Counw District Cond Deposit 04 07 98 $4,850 00 $242500 S2.425 00 1 5233 3 34 col ! 33 Hf ^‘rC n Courb/D strct Cond Deposit 04.07 98 S4.2CC0C $2. ICO 00 $2.100 00 1 5223 :34 CC 34,He-reC'n Ccunr^ D strict Cord Deposit 04-0793 $3,9C0 CO $1,950 00 $1 950 00 1 524:-34 CO ^44 Me--*: - Court; D'St-ct Ccnd DecosJ C4 07.93 $1 400 00 57-:o CO $7C0 00 ' $242*:4C0 [ 35 Her*ec n CourT/ D'Stnct Cond Deposit C4.C7-98 52.100C0I 51.050 00 $1.050 00 1 5244 3'.4 00 i 36 He-*ec n Counts D’Stnct Ccnd Deposit 0407 93 1 $l.3:0CC 1 S65OC0 $650 CO 524: :'.4 CO Parted; 04/27/2000. 11 05 AM Page i of 2 Cost ReCaps-tin.xls. 94-U 3L C.S.A.H. 6, PROJECT 9444, TOTAL RIGHT-OF-WAY COSTS THROUGH 11/30/99 PAYEE DESCRIPTION WARRANT DATE AMOUNT HENNEPIN COUNTY ORONO INDEPENDENCE- STATE AID MUNI 38lHenneoin County D-^tnct Cond Deposit 04i07/93 $11,500.00 S11.500 00 1 S257.004.00 39 Hennepin County Dis: xt Cond Deposit 04/07,98 $4,850-00 S4.850CO 1 S261.854 00 371 Dennis Esterty____________Perm A Temp Easement 04/07-98 $14,000.00 $7,000.00 S7.C00 00 1 $275,854.00 7, Diversified Real Estate County Appraisal C4.23 93 S2.5C0 CO $1,250.00 $1,250 CO $278354 00 11' Diversified Real Estate County Aporaisal 04/28-98 S2.5C0 00 $1,250.00 1 $1,250 00 5230.854 00 ialDiversified Real Estate County Appraisal 04/23-98 S2.5CO.00 $1.250 00 $1,250.00 5233.354 00 Diversified Real Estate County Appraisal 04/23/98 S2.5COOO $1,250.00 S1.250.0C $285,854.00 20 Diversified Real Estate County Appraisal 04-28-98 $2,500 00 $1.250 00 Si 250 00 S288.3S4.00 31A Diversified Real Estate County Appraisal 04/28-98 $2,500.00 $1,250.00 $1 250.00 $290,854.00 11 Lunz Massooust Reid County Appraisal 04.28-98 $2.500 00 $1.250 00 Si.250 00 S293.354.00 2Q'Lunz Massooust Reid County Appraisal 04/23-98 $2.500 00 $1,250.00 $1.250 00 S295.854.00 31A Lunz Massooust Reid County Appraisal 04/23.98 $2,500.00 $1.250 00 $1,250.00 S298.354 00 37 Lunz Massooust Reid County Appraisal 04 23.93 S2.5C0 CO Sr250 00 S1.250 00 S300.854 00 38 Lunz Massooust Reid County Appraisal 04/28-98 $2.500 00 S2 500 00 $303,354.00 39 Lunz Massooust Reid 1 County Appraisal 04.28-98 S2.500.C0 $2.5C0CC S305 854 00 16 Robert Gehrman Permanent Easement 04/15.98 $1,950.00 $97500 $975.00 $307,804.00 I31A Bast A Flanaoan Title Opinion Update 04/30/98 $35.00 $17.50 $17.50 $307.839 00 I3IA Ken Tumham 1 Easement 05/07;98 S350C0C0 $42.5CO.OO $42,500 00 $392,839.00 37 Gene Rosenblum Title Opinion Update 05/13-98 $35 00 $1750 $17.50 $392,874.00 281 Coulter. Larry Title Opinion Update 06.01.98 $35 00 $1750 $17.50 $392,909.00 8 Best A Flanagan Title Opinion Update 06/01/98 S35C0 $17.50 $17.50 $392,944.00 !?oa Huntington Farm Home Perm A Temp Easement 06-0Z98 Sl9.5C0.00 $9,750.00 $9,750.00 $412,444.00 21 Jim & Robin Martin Temp Easement 06/02/98 $300.00 $150 00 $150.00 $412,744.00 31 Berg, Leon.3rd & Kathleen Hwy Easement 06/04.98 $37,200.00 $18,600.00 $18,600.00 $449,944.00 8 Kip Nelson _____________Perm A Temp Easement 06-'13-98 $8,000.00 $4.000 00 $4,000.00 $457,944.00 3 Alexar>der. Brett A Judy Temp Easement__________07/14/90 S350 00 $350.00 S4S8.294.00 39 Nowar>. Brian Soil Testing 07/24/90 $625 00 $625.00 S458.919.00 34A McCallev Farm Perm A Temp Easement 08/27/98 $1,400 00 $700.00 $700.00 $460,319.00 39 i Nowak. Brian Mound Septic Replace 1 09 0L98 $7,800 00 $7,800.00 $468,119.00 28 MSP Perm Hwy Easement 09/16/98 $3.400 00 $1.700 00 $1.7C000 $471,519,00 7 Lurton Slip. Settlement 09/17/98 $21,500.00 $10.750 00 $10.750 00 $493,019.00 36 Butterfield Slip Settlement 09/17/98 $1.600.CO $800 00 $300.00 $494,619.00 30 Heritage Tree Tree Valuation 09/10/98 $990 00 $49500 $495.00 $495,609.00 2S Charles Larson Landscape Retaining Wall 09-29-93 $2,710.50 S 1.355.25 $1,355.25 $496,319.50 22 l arrv Coulter T t'e Opmicn Update C9 2593 $35 00 $17.50 $17.50 S498.354.50 23 Charles Larson Landscape Purchase Easement •0-08/93 $30,000.00 $15.000 00 $15,000.00 $528,354.50 32 Jeffrey Broiletay__________Stip Settlement 10.08-98 S17.5COOO' S3.750 00 $8 750 00 S545.854 50 39 Busse Construction Inc Dnveway Work 10-20-98 $1,250 00 Si.250.00 S547.104.50 ^ 32 Diversified Real Estate County Appraisal 10 2298 $1,500 00 , $750 00 S750 00 $548,604.50 26 William Mueller Temp A Tree Removal 10/2293 $1.200 00 $600 00 $600.00 $549,804.50 3Q Nowak Karl. Bnan A RulP___iStiD. Settlement 10/27/98 $23,300 CO S23.300.00 S573.104.50 181 Diversified Real Estate APPRAISAL 11/C6-98 $1.800 00 $900 00 \ $90000 5574.904 50 19 i Huntington Farm Home Easement 11/1298 $4 500 00 $2 250 00 \ $2.25000 $579,404.50 ^SlGreoofv & Mvra Karlen Easement 12C8-98 S3.85OC0 $1.92500 \ $1.925 00 SS83.2S4.S0 AR Michael Fitzgerald Commistoner deposit______12/17.98 $7,255 60 $3.63264 $3.63284 S590.520.18 AR Metro Leoa* Services_____r^essenqer ser. co 121790 $18 CO $9 00 $900 $590,538 18 AR Joel Seitz ^ ^Commisioner deposit 1 12/1793 1 $591032 S3.455 16 $3,455 16 S597.448 50 2G I James Jav Johnson CommiSioner deposit 1222 98 $176,308 99 S38.154 49 $88.154 50 S773.757.49 AR Lunz Massopust Retd APPRAISAL 1 1Z3‘93 $4 922 00 S2431 00 $2,461 00 5778.67949 AR Michael Rand tCommiSicner deposit 1 12 31-98 $7,104 71 S3 552 36 $3 552 35 S785.784 20 j 111 Timothy & Mary Sweep: 1 Easement________________01 21 99 $52 252 67 $26,126 33 S26.126.34 $838.036 87 1 M Tirrofhv A Marv Sweeza 1 Easement C1-26 99 $1.000 00 $500 00 $500 00 $339.036 87 i 311 John A Joan Serena Easement 01 26 99 $26.123 41 $13 064 21 $13064 20 $865.165 28 1— ' William Wyatt____________Easement 0223-99 $200 00 $100 00 $100 00 $865,365 28 : Aq[ l un? Massooust Reid APPRAISAL 02 24 99 $5 21566 $3.10783 $3.10783 5871.580.94 ! 21 'Donald A Lois Pearsen 1 lEav^ment 11 30 99 $22 500 00 1 $11.250 00 $11.250 00 S894.080.94 non d-i Chtck To 5'\w\ \v\ r w"A\f •* He'^nep.n County R.ght cf Way Expenses S-i*9.377 97 Orono R:gm of Way Expenses $419,377 97 Independence of Way Expenses $55.325 00 r 1 CM S394.C80 94 ir.vac' K.QOy) Printed 04/27/2000. 11 05 AM Page 2 of 2 Cost ReCaps-tim x’s. 9444 cot INCH MEETING MAY 0 8 2000 REQUEST FOR COUNCIL ACTION Cl IY ur UHONQ DATE: May 8, 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 n Head Property 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 Head Property Sanitary Sewer Project to Minncomm Inc. in the amount of $22,896.90 i ^. r 1^1 Bonestroo Rosenc vS Andertik & Associates Enginttf I 4 Archstectt Owner: City of Orono. 2750 Kelly Pkwy, Crystal Bay MN, 55323-0066 Date May 2. 20C0 For Period:1/1/1900 to 5/2/00 Request No:1 Contractor:Minncomm. 1949 Shady Acres Ln. Mora. MN. 55051 REQUEST FOR PAYMENT HEAD SEWER SERVICE BRA FILE NO. 139-S8-806 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. 31,936 00 S S 0.00 0.00 s. $, s s, $ s $ $ $ 31.936 00 24.102 00 OCO 24.102 00 1,205.10 22.896.90 0.00 000 22 896 90 Recommended for Approval by: BONESTROO. ROSENE, ANDERLIK & ASSOCIATES, INC. //r»^ Approved by ^ntractor MINNCOMM « Approved by Owner. CITY OF ORONO Specified Contract Completion Date May 31. 2000 Date: rMutftil xli No. 1 2 3 4 5 6 7 Item Base Bid 4" HOPE, SDR 11, directional bore 2" HOPE, SDR 11 Connect forcemain to existing manhole Remove existing bituminous surface Bituminous street patch Sod with 4" topsoil Erosion control fence Total Base Bid Contract Unit Quantity Amount Unit Quantity Price to Date to Date LF 1150 23.20 900 $20,880.00 LF 1150 3.20 900 $2,880.00 EA 1 300.00 0.5 $150.00 SY 60 2.75 20 $55.00 SY 60 5.60 20 $112.00 SY 500 0.50 50 $25.00 LF 300 1.75 $0 00 $24,102.00 Total Base Bid $24,102.00 Total Work Completed To Date $24,102.00 iniiii I iflitiieiiii nil—bbii III I mil iiruMTifinriiilhl uiii ICMTUr-nvaaiMINiaUMliB^.i I PROJECT PAYMENT STATUS OWNER CITY OF ORONO BRA FILE NO. 139-98-80& CONTRACTOR MINNCOMM CHANGE ORDERS 1 Total Change Orders PAYMENT SUMMARY 1 01/02/00 05/02/00 22.896 90 1.205.10 24.102.00 Material on Hand Total Payment to Date S22.896.90 Original Contract S31.936 00 Retainaqe Pay No 1 1.205 10 Change Orders Total Amount Earned $24,102.00 Revised Contract $31,936.00 I , REQUEST FOR COUNCIL ACTION DATE: May 4,2000 ITEM NO: / ^ Department Approval: Name Lin Vee Title CityCIerl/ Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Resolution Amending the Program for Deferment of Special Assessments for Persons 65 Years of Age or Older Attachments: 1. Proposed Resolution 2. Hennepin County Memo Regarding 2000 Section 8 Income Limits The City has established a program for deferment of special assessments for persons 65 years of age or older. At this time, the income guidelines for deferment have been ix vised to conform with the 2000 Section 8 Income Limits. The Application for Deferral of Special Assessments is also being revised to reflect the updated income guidelines. COUNCIL ACTION REQUESTED: Motion to adopt the attached resolution amending the program for deferment of special assessments for persons 65 years of age or older by revising the income guidelines, and to approve the update of the income guidelines on the deferral application. A RESOLUTION AMENDING THE PROGRAM FOR DEFERMENT OF SPECIAL ASSESSMENTS FOR PERSONS 65 YEARS OF AGE OR OLDER WHEREAS, the City Council of the City of Orono is the official governing body of the City of Orono; and WHEREAS, Minnesota State Statute Section 435.193 through Section 425.195 authorizes the City of Orono, upon proper application, to defer the payment of special assessments against any homestead property owned by a person 65 years of age or older on January 1 of the payment year and for whom it would be a hardship to make the payments; and WHEREAS, Section 425.194 authorizes the municipality to establish an interest rate to be added to the deferred assessment which shall be payable in addition to the deferred assessment; and that Orono had adopted such a program under Ordinance 2.62 (1984 recodified). Resolution 1093 (dated November 13,1979), Resolution 1779 (dated June 10,1985), Resolution 2864 (dated August 27, 1990), Resolution No. 3894 (dated April 28, 1997) and Resolution No. 4288 (dated May 10, 1999). WHEREAS, the City Council has determined that the deferral of assessments should be granted to any person otherwise qualified who makes proper application to the City of Orono on forms prescribed by the County Assessor of Hennepin County and by the Orono City Council and for whom the City Council determines that it would be a hardship to make the payments, based upon the following criteria: NUMBER OF PERSONS MAXIMUM INCOME IN HOUSEHOLD 1 Person $35,150 2 Person $40,150 3 Person $45,200 4 Person $50,200 5 Person $54,200 6 Person $58,250 7 Person $62,250 8 Person $66,250 Page 1 of2 Assets, not including homesteaded property, must be $50,000 or less. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORONO IN A REGIILAR MEETING ASSEMBLED, that the assessments against any homestead property owned by a person 65 years of age or older and for whom it would be a hardship to make the payments, be deferred for a period of time not to exceed five years subject to the aforementioned financial criteria, upon submission of an appropriate application signed by the qualified person, and which may upon expiration of initial or any subsequent renewal deferments may be reapplied for, and subject to the applicant meeting all the necessary criteria upon reapplication be deferred for an additional period not to exceed 5 years; and BE IT FURTHER RESOLVED, that the right of deferment is automatically terminated under Section 435.195 if: 1 . The owner dies and the spouse is not otherwise eligible; 2. The property or any part thereof is sold, transferred or subdivided; 3. The property should lose its homestead status; or 4. If for any reason the City determines that there would be no hardship to require immediate or partial payment. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held May 8,2000. ATTEST:Gabriel Jabbour, Mayor Linda S. Vee, City Clerk Page 2 of2 f . Memor ■ '*■ hrV- ; -V..?'- a»' ■ '“■' DATE: TO: FROM: SUBJECT: April 3,2000 Urban Hennepin County Subrecipients Office of Planning and Development, Development Planning Unit REVISED 2000 SECTION 8 INCOME LIMITS - 60 percent Below are current Section 8 income limits for low-income (80 percent of median) and \ er> low- income (50 percent of median) households. Income for households at 60 percent and 30 percent of median income is also provided. All income limits are based on HUD estimates of 2000 median household income. The US median family income, which is used as a cap in calculating income at 80 percent of median, increased to $50,200. Median income in the Minneapolis/St. Paul MSA increased from $63,600 to $68,600. These income limits must be used in calculating household income eligibility for all HL D funded activities that need to document low/moderate-income benefit. These income limits are effective until further notice. FY 2000 MEDIAN HOUSEHOLD INCOME: $68,600 (MPLS/ST. PAUL METRO AREA) FY 2000 Federal Poverty Guidelines: One person - $8,350. Two persons - $11,250, Three person - $14,150, Four person - $17,050, Five person - $19,9.'0, Si.x person - $22,850, Seven person - $25,750, Eight person - $28,650. Hennepin County Office of Planning & Development, Development Planning Unit, 10709 Wayzata Boulevard, Suite 260, Minnetonka, MN 55305 Mail Code: 604 Phone:(612)541-7080 Fax:(612)541-7090 TDD/TTy: (612) 541-7981 iheycUP# 1 Household Size (80%) Low Income (60%)(50%) Very Low-Income (30%) I Person 35,150 27,600 23,000 13,800 2 Person 40,150 31,560 26,300 , 15,750 3 Person 45,200 35.460 29,550 17,750 4 Person 50,200 39,420 32.850 19,700 5 Person 54,200 42,600 35,500 21,300 6 Person 58,250 45,720 38,100 22.850 7 Person 62,250 48,900 40,750 24,450 8 Person 66,250 52,020 43.350 26,000 P1 I COUNCIL MEETING may 0 S 2000 Cl IY Ut* UHONU REQUEST FOR COUNCIL ACTION A DATE: 5/4/00 Department Approval: Administrator Reviewed: Agenda Section: Name Chris Pence i City Administrator's Report Title On-Site Systems Manager Item Description: Modifications to the Orono Septic Code List of Exhibits: A. Proposed Ordinance B. Summary Ordinance For Publication C. Summary of Revisions D. Ordinance Underline/Strikeout Version In October of 1999, the State made numerous amendments to Minnesota Rules Chapter 7080. Due to this tact, Orono needed to update the City code such that it is consistent with Chapter 7080. The goals of amending the Orono septic code are to delete sections that are no longer applicable, clarify sections that were unclear and to update the Orono code such that it meets the minimum standards of Chapter 7080. In most areas, Orono code exceeds what is required by Chapter 7080. Included is a copy of the existing code with deletions and additions along with reasons why the changes were made. Also enclosed is a "cleaned up" version of how the code would look if it is approved as modified. Also enclosed is a summary stating what changes have been made in the Orono Code. The code has been modified according to the recommendations received from the City Council at a workshop on April 20, 2000. Council Action Requested Staff recommends Council approve the modifications to the Orono Septic Code as proposed. A ORDINANCE NO., 2ND SERIES AN ORDINANCE AMENDING ORONO MUNICIPAL SECTION 12.30 PERTAINING TO REGULATION OF ON-SITE SEWAGE TREATMENT SYSTEMS The City Council of the City of Orono, Minnesota does hereby ordain: Section 1. Section 12.30 of the Orono Municipal Code is hereby deleted and the following language substituted in its place: SEC. 12.30. ON-SITE SEWAGE TREATMENT. Subd. 1. Statement of Purpose. The City of Orono regulates the installation and maintenance of Individual Sewage Treatment Systems to protect natural resources, protect public health and safety, and prevent the costly premature extension of municipal sewers. Subd. 2 Adoption by Reference. The Minnesota Rules Chapter 7080, Parts 7080.0020 to 7080.0178, 7080.0400, 7080.0600 relating to Individual Sewage Treatment Systems are hereby adopted by reference. The Minnesota Rules Chapter 7080, parts 7080.0179(Performance Systems) and 7080.0450(Wairantied Systems) are hereby prohibited from use within the City of Orono. Subd. 3 Deflnitions. 1. “Alternative Systems’* - Alternative system means an individual sewage treatment system employing methods and devices presented in Minnesota Rules Chapter 7080.G 172. 2. "City Sewer" - A sewage collection system terminating in a treatment plant or Metropolitan Waste Control Commission facilities, and not utilizing septic tanks or soil treat..lent and absorption areas. Source: City Code Effective Date; 4-1-84 3. “Code System" - An ISTS which meets all the location, design and construction standards of the current Orono Municipal Code and which is not an “imminent threat to public health or safety” as defined in Minnesota Rules Chapter 7080. 4. “Compliant System" - An ISTS which does not meet all the location, design and construction standards of the current Orono Municipal Code but does meet the three foot separation requirement, and which is not “failing” or an “imminent threat to public health or safety” as defined in Minnesota Rules Chapter 7080. Page 1 of 16 5. "Construction" Any action which in any way affects the physical components of any new or existing ISTS, including constructioa installation, extension, alteration or repair, not to include pumping. 6. "Contractor" - A person licensed under the provisions Minnesota Rules Chapter 7080 to engage in the business of site evaluation, system design, system construction and pumping. 7. "Disposal" - The evaporation or absorption of purified liquids after treatment of the raw sewage. 8. "Existing System" - Any ISTS constructed and in use prior to the adoption of this Section. “New systems ” shall become "existing systems ” at the time of final inspection and approval by the City. 9. "Failing System" - Any ISTS that discharges sewage to a seepage pit, cesspool, drywell or leaching pit. In addition, any ISTS posing an imminent threat to public health or safety as defined in Minnesota Rules Chapter 7080 shall be considered failing. 10. "Inspection Report" - The official report of the results of the inspection by the City, including any official orders to repair or replace a non- compliant or failing ISTS. 11. "ISTS" - An Individual Sewage Treatment System as defined in Minnesota Rules Chapter 7080. 12. "Minnesota Rules Chapter 7080" - The Minnesota Pollution Control Agency standards for the design, construction, installation and maintenance of Individual Sewage Treatment Systems extracted from the current Minnesota Rules as adopted in this Section. 13. "New System" - Any proposed ISTS or any newly constructed ISTS which construction takes place after the adoption of this Section, shall be a "new system" until the time of final inspection and approval by the City. 14. Non-Compliant System" - A prohibited ISTS; an ISTS located within a designated 100-year flood plain; any ISTS which may or may not meet all the location, design, or construction standards of the current Orono Municipal Code and which is failing for any reason; and any ISTS with less than three feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics. 15. "Owner" - Any person having legal or equitable title or sufficient proprietary interest in any building or land subject to the provisions of this Section. For purposes of notification, the owner shall be the occupant of the property or the person listed as taxpayer on the current tax rolls. 16. " Pollutants" - Bacterial or chemical impurities including pathogenic bacteria, infectious viruses, toxic chemicals, excess nutrients (nitrogen and phosphorous), unpotable water, or septage. Page 2 of 16 . I-—.|-r, IlMHinU IHIiH II llilll I III I Hill III III II H■llllll .'.'Mid 17. '*Privy" - An outhouse, a cesspool enclosed by a building, typically not served with running water. 18. "Prohibited Systems" - Cesspools, dry wells, leaching or seepage pits, and privies. 19. "Pumping" - The removal by gravity, syphon or mechanical means of any liquid or septage from sewage or holding tanks. 20. "Standard System" > An ISTS employing a building sewer, sewage tanks, and the soil treatment system, consisting of trenches, at-grades, or mounds which are constructed on original soil which has a percolation rate equal to or faster than 120 minutes per inch and is constructed according to Mirmesota Rules Chapter 7080 and City of Orono codes. 21. "Structure" - Anything which is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires a location on, below or above the ground. 22. "Treatment" -The purification of raw sewage by the removal or neutralization of pollutants through separation, bacteriological processes, biological and physical filtration, and gasification. Subd. 3 Terms Not Defined Herein. Words and terms not defined herein shall have those meanings as set forth in the Zoning Chapter as amended, the Subdivision Chapter as amended, and Minnesota Rules Chapter 7080. Source: Ordinance No. 210 Effective Date: 5-4-78 Subd. 4. General Provisions. A. Treatment Required. All sewage generated within the City shall be disposed of by connection to the municipal sewer system or shall be treated and disposed of in an ISTS according to the provisions of this Section. B. Jurisdiction. The provisions of this Section shall apply to the method of sewage disposal from every building within the City intended for human use or habitation, whether such u.se is permanent, temporary or seasonal, regardless of the date of original construction or use. 1 . The owners of all buildings where municipal sewer is available or becomes available, shall coimect the buildings to the municipal sewer subject to the following conditions. (a) A code or compliant ISTS will not be required to be coimected to Page 3 of 16 - I.III ^iri-■Til - iniri ^ ■I r in rrr¥~ ■! 1^1 uTi n municipal sewer until the ISTS becomes non-compliant or the building undergoes major remodeling resulting in an increase in water use that exceeds the capacity of the ISTS. A Certificate of Occupancy will not be issued until the building is connected to the municipal sewer. (b) An ISTS that is non-compliant due only to a lack of a three foot separation must connect to the municipal sewer system within the same time frame that ISTS replacement would be required. (c) A failing ISTS that is discharging sewage to the surface must be connected to the municipal sewer within ninety (90) days. 2. At the time connection to city sewer is completed all existing septic tanks no longer in use shall be pumped out and filled with native soil. 3. The owners of those buildings which have been completely connected to municipal sewer shall be exempt from the maintenance and inspection provisions of this Section. C. Permits. A permit from the City of Orono is required for all construction, removal, alteration or repair of an ISTS within this municipality. A complete site evaluation and ISTS design must be approved by the City prior to the issuance of a permit. All permits must be issued to contractors who are licensed per Minnesota Rules 7080.0700 - 7080.0715 and all work must comply with this section. The City may reject permit applications that are incomplete or for repairs that do not meet the provisions of this section. The City may require additional inspections, removal or alteration of work performed which does not comply with the requirements of this section. The City reserves the right to deny additional permits to contractors who have failed to correct unsatisfactory work. The City maintains the right to pursue legal action or fines against anyone performing work on an ISTS without a permit. Construction relating to an ISTS that does not require a permit are listed below. pump 1. Repair or replacement of pumps, floats or other electrical devices of the 2. Repair or replacement of baffles in the septic tank 3. Installation or repair of inspection pipes and manhole covers 4. Repair or replacement of the line fi'om the building to the septic tank D. All permits issued for construction or repair of an ISTS shall meet the following standards: 1. A new ISTS shall be designed and constructed a “Standard System ” in accordance with Minnesota Rules Chapter 7080 and meet the provisions in this section. “New Page 4 of 16 Technology ” designs meeting the Minnesota Rules 7080.0400 may be used when two future drainfield sites meeting the requirements of a “Standard System” are approved and preserved as per the provisions in this Section. 2. A “New Technology ” ISTS will only be allowed for use with an existing residence when a “Standard System” or the provisions in this Section are not feasible due to preexisting lot limitations or when a future drainfield site is approved and preserved meeting the requirements for a “Standard System” as per the provisions in this Section. 3. When an existing ISTS is repaired or expanded, the system must be sized to treat the anticipated flow from the building and the portions of the system that are repaired must become compliant or remain compliant according to this Section. 4. Prior to any permits being issued for new construction, all ISTS sites must be completely enclosed in a durable four (4) foot blaze orange snow fence. The fence cannot be removed until permission is given from the On-Site Systems Manager. E. Variances. The On-Site Systems Manager may grant variances to the provisions of this Section due to unnecessary or unintended hardship to the owner that are not contrary to the intent and purpose of this section or other applicable law. Variance applications shall be reviewed by the On-Site Systems Manager upon written request of the owner or the owner ’s agent. 1 . Variance applications must include complete soil testing and ISTS design in accordance with this section including the identification of any site limitaiions leading to the variance request. 2. Variances shall be approved, conditionally approved or rejected in writing by City Staff The owner shall pay all costs incurred by the City in the review of the proposal. 3. Variance approvals shall be subject to all conditions established by the City at the time of approval and thereafter. 4. Any variance application may be referred to the City Council for review by the On-Site Systems Manager. F. Building Permit Applications 1. New Residence. No building permit shall be issued for any new building that will be connected to an ISTS until a site evaluation and design is approved by the On-Site Systems Manager. The site evaluation must include the identification of both primary and alternate drainfield sites suitable for a minimum of a five (5) bedroom residence. If the building will be connected to an existing system, a site evaluation and design must be approved by the City including the existing system specifications and a future site meeting the provisions of this Section. A new residence must be connected to an ISTS meeting the definition of a code system. Page 5 of 16 2. Construction of additional bedrooms or construction including water using appliances that will increase the sewage flow into an ISTS. A building permit shall not be issued until the City confirms that the existing ISTS is compliant, of adequate size to Ueat the sewage flow from the building and a future drainfield site is designed and preserved. If the existing ISTS must be repaired or replaced, an ISTS design for both the existing ISTS and a future drainfield site must be approved before issuing a building permit. If expansion or replacement of the ISTS is required, the ISTS must be installed and inspected before a certificate of occupancy shall be issued for the construction. Failure to identify satisfactory drainfield sites for the proposed sewage flow for use now as well as a future site shall result in the denial of the building permit application. 3. Expansion of an existing building (including decks and patios), construction of an accessory building, driveway or land alteration. A future drainfield site must be designed and preserved prior to the issuance of a building permit for any of the above activities on a property using an ISTS. A building permit will not be issued when the proposed work would preclude the use of the only future drainfield site approved by the City. G. Conditional Use Permit and Zoning Variance Applications. No conditional use permit or zoning variance application shall be approved for a property until the existing ISTS has been confirmed as being of adequate capacity for the anticipated use. If expansion or replacement of the ISTS is required, a site ev^uation and design must be approved by the City prior to the approval of a conditional use permit or zoning variance. If the change in use intensifies the strength or quantity of flow for the ISTS, an alternate site must be designated and protected. H. Subdivision Applications. No subdivision, lot division or replatting for the purpose of creating a new building site, which property includes the use of an ISTS, shall be approved by the City until a site evaluation report and ISTS design when required has been reviewed and approved, and all existing ISTS have been inspected and certified by the City as being in compliance with this Section. 1. Each newly created lot regardless of acreage and which is intended for the development of a residence shall have approved primary and alternate drainfield sites. 2. Each new lot with an existing residence connected to an ISTS must have either two future drainfield sites or one future site and a “code ” existing ISTS which is expandable to suit a five bedroom residence (750 GPD). 3. Each proposed lot shall be capable of sustaining a five bedroom residence and two drainfield sites to serve the dwelling including those lots with existing residences. 4. As part of any subdivision, the owner shall grant to the City in a form Page 6 of 16 approved by the City a perpetual right of entry to allow for the future inspection of all systems, which right of entry may be filed in the chain of title for the property. Subd. 5 More Restrictive Design and Construction Standards. All ISTS permit applications, site evaluations, design specifications, construction methods, and material specifications shall meet the parts of Minnesota Rules Chapter 7080 adopted by reference in Subdivision 2 of this Section with the following additional minimum standards: A. Site Evaluation. The site evaluation report shall include the following; 1. Soil Borings. At least three soil borings shall be completed for each new drainfield site designed. Each soil boring must be located within the drainfield site or within close proximity along similar contours such that similar soil conditions are likely. For additions to ISTS, at least one soil boring shall be made in the expansion area. 2. Percolation Tests. At least two percolation tests shall be completed for each new drainfield site designed. Each percolation test must be located within the drainfield site or within close proximity along similar contours such that similar soil conditions are likely. For additions to existing ISTS, at least one percolation test shall be completed in the expansion area. 3. Plot Plan. A scale drawing of the entire lot showing the following: a. b. c. d. e. f g- h. All property lines and lot dimensions. All existing and proposed structures. All existing or proposed well locations, or water supply piping. Relative elevations of house, lot comers and drainfield areas. Slope of ground at drainfield sites by contour lines or direction arrows and slope percentages. Location of all percolation test holes and soil borings with identifying symbols and relative ground elevations of each. Primary and alternate drainfield areas identified. Distance from primary and alternate drainfield areas to property lines, well locations, and any lake, stream, marsh or drainage channel within 75 ft. of any part of the system. Source: City Code Effective Date: 4-1-84 B. ISTS Design. ISTS design specifications shall include proposed flows or other sizing information, minimum sewage tank capacity, minimum soil treatment area requirements, a plan of the component layout, and all other information necessary to assure the City that the ISTS is designed and will be constructed to receive, treat and dispose of all of the sewage from the building served. Footing or roof drainage, water softener recharge water^ garage floor drainage, toxic Page 7 of 16 chemicals, flammable liquids, animal wastes, commercial process water and commercial kitchen grease shall not enter any portion of the ISTS but shall be separately treated and disposed of according to the applicable regulations of the MPCA, the Minnesota State Board of Health and the City. 1. Setbacks. The minimum setback distance requirements are as follows; Feature Water Supply Well Deep Well Shallow Well Wetland Lake; General Development Recreational Development Natural Environment Tributaries, Streams Driveways, Sidewalks, Decks and other Hardcover Property Lines, Buildings and Buried Pipes Lawn Sprinkler Systems Sewaqe Tank and Soil Treatment Area 50 ’ 100' 75 ’ 75’ 75’ 150’ 75' 20' 20' 10' 2. Sewage Tanks. The minimum sewage tank size requirements are as follows; No. of Bedrooms 4 or less 5 or 6 7, 8 or 9 10 or more Tanks Liquid Capacities (Gal.) 1000+1000 Regardless of garbage disposal use 1250+1000 Regardless of garbage disposal use 1500+1500 Regardless of garbage disposal use Sewage tanks shall be sized as "other*’ establishments per Minnesota Rules Chapter 7080. Page 8 of 16 3. Pumping Stations. In order to standardize installation and electrical connection methods, the following pumping station requirements must be met in addition to Minnesota Rules Chapter 7080; (a) Electrical Connection. (1) A water-tight, lockable electrical box must be mounted on a 4x4 inch treated redwood or cedar post. (2) All electrical connections shall be made within the box. Pump connection must not be made using a direct line (plug in only). Wire entry to the electrical box shall be sealed with a watertight material such as foam or putty. (3) Alarm and pump floats shall be on separate electrical circuits. (4) Electrical wire from power supply must not run over any tanks but must be laid beside the tanks and placed in conduit along the electrical post. (5) Electrical cords from the pump and floats must be run through a 2 i ich PVC (or equivalent) conduit (Schedule 80) with a one inch gap between the conduit and the electrical box. Electrical cords must not run through or under manhole cover. Wires must not have ground contact. (b) Pumping Chamber. (1) Effluent pipe exiting the pumping chamber should be laid on a uniform slope up to the soil treatment area for proper drainback. If the pipe at the tank must be lower than union to get elevation for drainback, a 1/4 inch weep hole must be used. (2) When the soil depth above the pressure distribution pipe is less than 3 V2 feet, insulation must be added to achieve an insulating factor equal to 3 Vi feet of soil to decrease the potential for freezing (styrofoam or concentric piping are acceptable methods). Piping under hardcover such as tennis courts or driveways shall receive an additional 1 foot of soil cover or equivalent insulating factor. (3) A reserve capacity equaling 75% of the anticipated daily flow must be allowed in the pumping chamber between the alarm activation level and the pump tank inlet. 4. Drainflelds. (a) Trenches. Trenches must meet Minnesota Rules Chapter 7080 and may not be located on slopes greater tnan 18%. (b) Mounds and At-Grades. Mounds and at-grades must meet specifications per Minnesota Rules Chapter 7080 and may not be located on soils with percolation rates slower than 120 mpi. Mounds or at-grades may be placed on slopes up to 12% with soils having a percolation rate of 0.1-30 mpi and a soil texture of sand, fine sand, sandy loam, or loam. Mounds Page 9 of 16 or at-grades may be placed on slopes up to 9% with soils having a percolation rate of 31-45 mpi and a soil texture of loam or silt loam. Mounds or at-grades may be placed on slopes up to 6% with soils having a percolation rate of46-120 mpi and a soil texture of clay loam or clay. C, Compliance Standards 1. New system shall be located, designed and constructed as code system. 2. When an existing code system is repaired or expanded, such ISTS shall remain a code system. Compliant systems, when repaired shall be upgraded to a code system status whenever such classification is reasonably attainable. 3. Existing non-compliant systems shall be replaced by code systems whenever such classification is reasonably attainable. If a code system is not achievable due to soil, water table, or lot limitations, the ISTS may be replaced or repaired such that it becomes a compliant system. D. Construction Procedures. 1. Protect Drainfield Area: Proposed drainfield areas shall be identified and marked off on the lot at the time of the site evaluation and prior to any construction or grading occurring in the area. The drainfield area shall remain undisturbed until drainfield construction is commenced. No vehicular traffic shall be allowed in the drainfield area either before or after drainfield installation. 2. Favorable Weather Required: Drainfield area or trench construction must not proceed if the area is wet or has had rain within 48 hours. Mound or trench construction shall not proceed unless the soil moisture content is below the plastic limit. 3. Construction Inspection Required: The contractor issued a permit for ISTS construction shall perform all work according to the design specifications approved by the City for each particular ISTS. All subsurface work including building sewer, sewage tanks, distribution system and soil-treatment area shall be inspected by the City Inspector prior to backfilling or covering of any portion thereof It shall be the responsibility of the contractor to notify the City at least 24 hours prior to the time an inspection will be required, and it shall be the responsibility of the contractor to ensure that the inspection is accomplished and the construction is approved prior to any backfilling, covering or continuation of the construction. Subd. 6 System Operation, Use and Maintenance. A. Existing systems require prudent use and proper maintenance to ensure Page 10 of 16 that each system will continue to treat and dispose of the entire sewage input and operate in conformance with this Section. Therefore, this Section provides for certain maintenance standards and regular monitoring of all systems within the City. Source: Ordinance No. 210 Effective Date: 5-4-78 B. Owners Responsibility. It shall be the responsibility of each property owner to demonstrate that the ISTS on his property is in compliance with all requirements of this Section; that the ISTS properly treats and/or disposes of the entire sewage input generated on the property; and that the ISTS is adequately and properly maintained at all times. The owner is also responsible for the protection of the alternate drainfield site, if designated due to the development of the property or was required to be designated for any other reason. Protection of the drainfield site includes, but is not limited to preventing construction of buildings, excavating, filling, or driving across the drainfield site with automobile or heavy machinery traffic. Source: City Code Effective Date: 4-1-8^* C. System Use. All owners using or controlling the use of any ISTS shall use said ISTS in a prudent manner, shall control the volume of liquid discharged into the ISTS consistent with the design capacity, shall strictly limit the discharge of shredded garbage, residential kitchen grease or other solid matter into the system, and shall prohibit the discharge into the ISTS of footing or roof drainage, water softener recharge water, garage floor drainage, toxic chemicals, flammable liquids, animal wastes or commercial process water and commercial kitchen grease. D. System Maintenance. All owners using or controlling the use of any ISTS shall perform the following maintenance functions: 1. System Location: A diagram shall be prepared and thereafter kept on the property showing location of the ISTS including the sewage tank(s), distribution box(es) and soil treatment area, pump station, sewer line, water well and location of septic alarm in residence. Source: ordinance No. 210 Effective Date: 5-4-78 2. Annual Inspection: It is the responsibility of the homeowner to monitor the condition of the ISTS serving the property on a regular basis and assure that the ISTS is functioning properly. Whenever existing sewage tanks are not provided with inspection pipes, the owner of said tank shall install same within twelve (12) months of the effective date of this Section. At the same time that the septic tank is opened for inspection, each distribution box shall be opened and any accumulated solids shall be placed in the septic tank for treatment. Source: Ordinance No. 218 Effective Dats: 2-1-79 3. Regular Pumping: Sewage tanks and/or holding tanks shall be Page 11 of 16 1 regularly pumped of septage as provided-by this Section. 4. Owner's Records: Full and accurate records shall be kept on the property which records shall list the date of every sewage tank or holding tank pumping, the contractor responsible for the pumping and the gallons removed, the date and nature of all ISTS repairs or alterations occurring after the effective date of this Section, and shall include copies of the most recent City Inspection Report classifying the operation of the ISTS. E. Sewage Tank and Holding Tank Pumping. It is unlawful for any person to pump or remove any septage (liquids or solids) from any sewage tank or holding tank without complying with the requirements of this Section. 1. Required Pumping: The owner of each sewage taidc or holding tank shall cause said tank to be pumped for the removal of septage when required by one or more of the following provisions; (a) Sludge buildup: Sewage tanks shall be pumped whenever measurement of the tank indicates that the top of the sludge layer in the tank or any compartment thereof is less than 12 inches below the bottom of the outlet device or the floating solids layer is less than 3 inches from the bottom of the outlet device. (b) Maintenance Pumping: No sewage tank shall remain in service without being pumped at least once every three years, whether or not measurement indicates a sludge buildup. Each existing septic tank shall be pumped at least once within 36 months of the effective date of this Section and thereafter at least once within 36 months of each succeeding pumping. In order to be considered a maintenance pumpout, the manhole or cover section (20 inch diameter minimum) must be removed to allow the complete extraction of the solid materials within the sewage tank. The contractor must also determine whether the tanks are watertight and report this information on the pumpout notification. Failure to adhere to these requirements will result in the City's rejection of the pumpout notification as a bona fide maintenance pumpout. (c) System failure: Non-compliant ISTS discharging pollutants shall have the sewage tanks regularly pumped to limit or eliminate effluent discharge until satisfactory repairs have been completed. (d) Holding tanks: Holding tanks shall be pumped on a regular basis and in all cases shall be pumped before overflowing occurs. All new holding tank installations will require review by the City Council. 2. Contractor Required: All sewage tank and holding tank pumping shall be performed by licensed contractors. 3. Offsite Disposal Required: All septage removed from sewage tanks or holding tanks shall be removed from the site in sealed containers and shall be disposed of in a sanitary Page 12 of 16 location and manner according to the requirements of the Metropolitan Waste Control Commission. 4. Registration Required: Each pumping of every sewage tank and holding tank shall be registered with the City on forms provided for that purpose, within seven (7) days of the pumping. The contractor shall certify to the City the owners of the property, property address, date of pumping, gallons removed and location of sanitary disposal. Failure to register any pumping with the City may result in the City Inspection Report's classifying the ISTS as non-compliant. Source: Ordinance No. 210 Effective Date: 5-4-78 Subd. 7. Special Provisions for Lake Minnetonka Islands. All lots, properties, buildings and structures on Big Island, Mahpiyata Island and Deering Island, Lake Minnetonka, shall be provided with ISTS which comply with the requirements of this Section, as amended by the following special provisions and specific exceptions pertaining to island properties. Source: City Code Effective Date: 4-1-84 A. Systems Not Required. Vacant property or property used solely for one- family seasonal recreational use of land without structures, or with accessory structures only, as permitted in the "RS" Zoning District, need not be provided with an ISTS provided that at any time such property is actually in use by one or more persons for overnight or longer stays that an approved marine toilet or portable holding tank toilet shall be available on the property or within a water craft docked or moored at the property. B. ISTS Required. Each building or structure within the “RS” Zoning District must be connected to an ISTS according to the provisions of this Section as follows: 1 . For each principal dwelling. 2. For each dwelling on a property containing two or more dwellings pursuant to a private guest cabin conditional use permit. 3. For each seasonal dwelling over eight hundred (800) square feet in floor area. 4. For any dwelling or building which has water plumbed inside and has a sink, toilet, tub or other plumbing fixture. C. Alternative ISTS Permitted. Outhouses, incinerating devices, composting devices or small portable holding tank toilets are permitted as follows: 1 . Seasonal dwellings of less than 800 square feet in floor area. 2. Seasonal recreational use of land without structures, or with accessory structures only. Page 13 of 16 3. Any other permitted or conditional use only upon approval of a variance issued by the Council. 4. Outhouses shall be constructed in accordance with Minnesota Rules Chapter 7080, except that sealed vault type outhouses shall not be permitted. 5. Existing outhouses not conforming to any or all of the above requirements shall be abandoned, filled-in and the superstructure removed within 1 year of notification that a non-compliance exists Subd. 8. Administration. A. Administrating Officer. The provisions of this Section shall be administered by the Building and Zoning Department and the Building Official who shall coordinate all permit applications and inspection services. The On-Site Systems Manager or Building Official shall review and evaluate technical matters including ISTS design and installation as provided herein. Source: City Code Effective Date: 4-1-84 B. Inspection Program. For purposes of insuring continued proper use and maintenance of all existing ISTS, the City shall periodically inspect each existing ISTS and shall classify each ISTS as Code, Compliant or Non-Compliant. 1. Right of Entry: The City Inspector shall have the right of entry onto every property in the City, which property includes an ISTS, for purposes of inspecting said ISTS for compliance with the provisions of this Section. Each construction permit issued after adoption of this Section shall be construed as the right of entry to the City Inspector by explicit approval of the owner requesting such permit, which approval may be filed in the chain of title for the property. Failure of any party to grant the City access for this purpose shall be grounds to classify any ISTS on the property as non-compliant. The City Attorney shall thereafter take such action as is necessary to enable the City to perform the inspection and to enforce all the provisions of this Section, and to assess the cost thereof against the property. 2. Inspection Report. Within thirty (30) days after the inspection of each ISTS by the City, the City shall provide the results of said inspection in writing to the owner of the ISTS including the classification of the ISTS as to compliance with City requirements and potential for existing or future problems. Notice of non-compliant or failing ISTS shall include orders for maintenance, repairs or replacement, the procedures for obtaining all required permits, the deadline for completion of the construction or pumping and the penalties for failure to comply with the order. 3. Code and Compliant ISTS shall be inspected by the City at least once every two years. 4. Owners of non-compliant ISTS shall be issued orders requiring maintenance, repair or replacement per Subdivision 5(c) as follows: Page 14 of 16 (a) ISTS located within the Shoreland District found to be non- compliant due solely to lack of 3 feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics, shall be repaired or replaced within a reasonable period of time not to extend past December 31 of the seventh year following the year in which repair orders are issued, the intent being that at least seven full construction seasons (May thru November) shall be allowed for the completion of repairs. The repair dates will become effective upon the date of adoption of this ordinance for all systems which have been identified as non-compliant due solely to lack 3 feet of unsaturated soil prior to the date of this ordinance; their repair deadlines will be seven years from the date of this ordinance. (b) ISTS located outside the Shoreland District found to be non- compliant due solely to lack of 3 feet of unsaturated soil or sand between the distribution device and the. limiting soil characteristics, shall be repaired or replaced within a reasonable period of time not to extend past December 31 of the tenth year following the year in which repair orders are issued, the intent being that ten full construction seasons (May thru November) shall be allowed for completion of repairs. The repair dates will become effective upon the date of adoption of this ordinance for all systems which have been identified as non-compliant due solely to lack 3 feet of unsaturated soil prior to the date of this ordinance; their repair deadlines will be ten years from the date of this ordinance. (c) ISTS found to be non-compliant because they are either "failing" or "prohibited" as defined in Subdivision 2 of this Section, shall be repaired or replaced within 90 days if feasible but in no case later than ten (10) months after the date of the repair order. (d) Sewage tanks requiring pumping in order to eliminate surface discharge shall be pumped within 48 hours and as often as necessary thereafter to eliminate effluent discharge until system repairs are completed. 5. ISTS required to obtain and maintain a MPCA State Disposal System permit shall meet the requirements of Minnesota Rules Chapter 7080. If the State Permit lapses, orders shall be issued to cease use of the ISTS within ten (10) days, such use to be discontinued until reinstatement of the State Permit 6. Failure to obey a lawful order requiring repair, alteration or replacement of a non-compliant ISTS shall be cause for the City to enjoin the owner or occupant from further use of the ISTS. Upon notice, the owner shall have ten (10) days to show cause to the City why the property should not be condemned for occupancy according to Minnesota Statutes 463.15 et.seq. C. Annual Service Charge. An annual service charge in the amount prescribed w ithin the current City fee schedule shall be paid by the owner of every building connected to an ISTS such charge for purposes of administering and enforcing the City Inspection Program as provided for herein. A separate charge shall be due for each separate ISTS located on each property. Source; Ordinance No. 210 Effective Date: 5-4-78 Page 15 of 16 1. The service charge shall be due 45 days after the billing date. 2. It shall be the duty of the City Administrator to endeavor to collect all delinquent accounts. 3. Each year the City Administrator shall prepare an assessment roll providing for the assessment of the delinquent accounts against the respective properties as provided in Minnesota Statues 429.061, Subdivision 3, and shall certify same to the County Auditor who shall thereupon enter such amount with the tax levy on said property collectible with the taxes for the next year. Subd. 9. Enforcement; Violation. A. Enforcement. It shall be the duty of the Building Official to enforce the provisions of this Section and to bring to the attention of the prosecuting attorney any violations or lack of compliance herewith. B. Civil Enforcement Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of the provisions of this Section to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation, to prevent illegal occupancy of a building, or to prevent continued use of a non-compliant ISTS. Source: City Code Effective Date: 4-1-84 Subd. 10. Severability. If any provision of these standards or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions of these standards or application of any other part of these standards which can be given effect without application of the invalid provision. To this end the provisions of all sections, subsections, or subdivisions herein and the various applications thereof are declared to be severable. Source: Ordinance No. 100, 2nd Series Effective Date: 2-10-92 Page 16 of 16 M-Ml rt VI hbib t I ■ V Section 2. Adoption and Publication. A summary of this ordinance shall be published in The Pioneer and The Laker newspapers and this ordinance shall become effective immediately upon publication. Adopted by the City Council of Orono, Minnesota on this 8* day of May, 2000 by a vote of ayes and____^nayes. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor PagelTof 17 SUMMARY ORDINANCE A SUMMARY OF ORDINANCE NO., SECOND SERIES AMENDING SECTION 12.30 OF THE CITY OF ORONO MUNICIPAL CODE REGULATING ON-SITE SEWAGE TREATMENT SYSTEMS. The Council of the City of Orono ordains: A summary text of the above cited ordinance is approved in the following form: 1. This ordinance deletes sections that are no longer applicable, clarifies sections that are unclear, and updates the Orono code such that it meets the minimum standards of Minnesota Rules Chapter 7080. 2. Performance systems will be prohibited from use within the City. Warrantied systems will also continue as prohibited from use within the City. 3. Many definitions have been deleted such as building, cesspool, holding tank, on-site sewage treatment system, seepage pit, septage, septic tank, sewage, site evaluator/system designer and soil treatment area because they are clearly defined in Chapter 7080. 4. The time requirement for connection to municipal sewer has been changed to be the same as replacement of a septic system.. 5. A section has been added defining what activity requires a septic system. 6. Standard systems will be required in Orono. A new technology system can be used if the property has alternate sites that meet the requirements of a standard system. An existing property that has no standard sites can use a new technology. 7. 8 9. Any expansion of an existing building including decks and patios, construction of an accessory building, driveway or land alteration will require an alternative septic site to be designated and preserved. The ISTS requirements for a variance, conditional use permit or a subdivision have been clearly explained and defined. The minimum setback requirement between wells and septic systems is reduced from 75' to SO' to be consistent with Minnesota Department of Health minimum standards. 10. For a site evaluation and an ISTS design, the code is amended to require three soil borings Page I of2 per site and two percolation tests per site. 11. 12. Water softener recharge water may no longer be discharged to the septic system Mound systems and at-grade systems will be allowed on slopes up to 12% depending on the soil texture and percolation rates. 13.Homeowners now will be required to keep a diagram showing location of the sewage tank(s), distribution box(es), soil treatment area, pump station, sewer line, water well and the location of the septic alarm in the residence on the property at all times. 14. All new holding tank installations will require review by the City Council. 15. The ISTS requirements for the "RS" Zoning District (Big Island) have been more clearly stated. 16. All septic tanks will be required to be pumped through the manhole cover. The pumper must also determine tank integrity and include that information in the report to the City. The report must be mailed within seven days of the pumpout. 17. The date for replacement of all septic systems to be upgraded has changed. All non- compliant septic systems located in the Shoreland District must be replaced by December 31, 2007. All non-compliant septic systems located outside of the Shoreland District must be replaced by December 31, 2010. This ordinance shall be available in full printed text for inspection by any interested party during regular office hours at the office of the Orono City Clerk. This ordinance shall be effective upon publication of this summaiy ordinance. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk Page 2 of2 I 1 Summary of Orono Septic Code Modifications 1. 2. 3. 5. 6. 7. 8 9. The goals of amending the septic code are to delete sections that are no longer applicable, clarify sections that are unclear, and to update the Orono code such that it meets the minimum standards of Chapter 7080. In most areas, Orono exceeds what is required by Chapter 7080. Performance systems will be prohibited from use within the City. Warranted systems will also continue as prohibited from use within the City. Many definitions have been deleted such as building, cesspool, holding tank, on-site sewage treatment system, seepage pit, septage, septic tank, sewage, site evaluator/system designer and soil treatment area because they are clearly defined in Chapter 7080. This will eliminate any redundancy since Orono has adopted Chapter 7080 by reference. The time requirement for connection to municipal sewer has been changed to be the same as replacement of a septic system. This was approved at the January 24, 2000 Council Meeting. A section has been added stating what requires a septic permit in Orono and what does not require a permit. Standard systems are still required in Orono. A new technology system can be used if the property has alternate sites that meet the requirements of a standard system. An existing property that has no standard sites can use a new technology. Any expansion of an existing building including decks and patios, construction of an accessory building, driveway or land alteration will require an alternative septic site to be designated and preserved. The ISTS requirements for a variance, conditional use permit or a subdivision have been clearly explained and defined. Orono Septic Code requires a 75' setback from the well to the septic system. The State code requires a setback of SO' from a deep well to a septic system and a 100' setback from a shallow well to a septic system. The State issues ail well permits and conducts all well inspections. The State will not enforce more restrictive codes of the City. Recent well logs indicate that 99% of wells being installed meet the 50' setback but not the Orono setback of 75'. This amendment will make us consistent with the State and will also give contractors more area to design a septic system. The setback of 75' to a well is impossible for the City to enforce. Page 1 of2 10. 11. 12. 14, 15, 17. The new Chapter 7080 clearly defines what is required of a contractor for a site evaluation and an ISTS design. To avoid redundancy, our code has been amended to require three soil borings per site and two percolation tests per site. Chapter 7080 does not specify a number of borings or percolation tests required for an ISTS design. The State recommends that all water softener recharge water be rerouted out of all ISTS An ISTS is not designed to handle this water and early failure of the ISTS could result. The current Orono septic code states that mound systems cannot be constructed on greater than 6% slope. Chapter 7080 states that there is no restriction on slope for a mound system and that at-grade systems cannot be placed on slopes greater than 25%. Orono septic code is now amended to allow mound systems and at-grade systems on slopes up to 12% depending on the soil texture and percolation rates. Homeowners now will be required to keep a diagram showing location of the sewage tank(s), distribution box(es), soil treatment area, pump station, sewer line, water well and the location of the septic alarm in the residence on the property at all times. All new holding tank installations will require review by the City Council. The ISTS requirements for the ”RS" Zoning District (Big Island) have been clearly stated. The language takes in the fact the uniqueness of Big Island. This should give property owners flexibility in determining the proper ISTS for the property. All septic tanks are required to be pumped through the manhole cover. The pumper must also determine tank integrity and include that information in the report to the City. The report must be mailed within seven days of the pumpout. The date for replacement of all septic systems to be upgraded has changed. All non- compliant septic systems located in the shoreland district will need to be replaced by December 31, 2007. All non-compliant septic systems located outside of the shoreland district will need to be replaced by December 31, 2010. Page 2 of 2 SEC. 12.30. ON-SITE SEWAGE TREATMENT. Subd. 1. Statement of Purpose. The Council is concerned about the manner in which .<ewage is disposed of and the effect of such disposal upon the City. Recognizing the need to regulate those systems and facilities intended to be used for the disposal of sewage, and pursuant to ihe powers and jurisdictions vest ed through Minnesota Statutes and other applicable iaws, City Code provisi ons and regulations, the City does hereby adopt this Section for the fbUtywing pttrposcst ------To provide minimum standards and criteria for the design, location, construction, use and maintenance of all onsite sewage treatment systems (hereinafter "systems”) williiu the cit>*. B:------To protect the land, water and other natural resources from pollution, iiupairmcul or destruction 6:------To protect the public health, safety and general welfare of the residents and citizens of the City. B:-----To prev ent the discharge of inadequately treated sewage to ground or surface waters. &-----To preven t the flooding of or flood damages to operating systems. F:-----To prev ent the premature ex tension of costly nrunicipal sewer and water services consistent with the adopted Comprehensive Land Use Plan of the City. The City of Orono regulates the installation and maintenance of Individual Sewage Treatment Systems to protect natural resources, protect public health and safety, and prevent the costly premature extension of municipal sewers. Subd. 2 Adoption bv Reference: The Minnesota Rules Chapter 7080, Parts 7080.0020 to 7080.0178. 7080.0400. 7080.0600 relating to Individual Sewage Treatment Systems are hereby adopted bv reference. The Minnesota Rules Chapter 7080. part.s 7080.0 179 (Performance Systems^ and 7080 0450 (Warrantied Systems') are hereby prohibited from use within the City of Orono. Subd. Definitions. The following terms, as used in this Section, shall have-tfae meanings stated: 1 . “Dtrilding" ■ Ev ery building, structure or place intended for human habitation or use as a dwelling or agricuhural, commercial, industrial or other establishment: 2. “Cesspool” ■ An underground pit into which raw sewage or other untreated waste is discharged and from which the liquid seeps into the .surrounding soil. 1. “Alternative Systems’* - Alternative systems means an individual sewage treatment system employing methods and devices presented in Minnesota Rules Chapter 7080.0172. Page 1 of 22 3 2. ’’City Sewer” - A sewage collection system terminating in a treatment plant or Metropolitan Waste Control Commission facilities, and not utilizing septic tanks or soil treatment and absorption areas. Source: City Code Effective Date: 4-1-84 3. ”Code System” - An ISTS which meets all the location, design and construction standards of the current Orono Municipal Code, and which is not an “imminent threat to public health or safety” as defined in Minnesota Rules Chapter 7080. 4. “Compliant System” - An ISTS which does not meet all the location, design and construction standards of the current Orono Municipal Code but does meet the three foot separation requirement, and was installed according to the code in effect at the time on installation, and which is not “failing” or an “imminent threat to public health or safetv”as defined in Minnesota Rules Chanter 7080. 4r5. "Construction ” Any action which in any way affects the physical components of any new or existing system ISTS. including construction, installation, extension, alteration or repair, not to include pumping. 5 6. "Contractor ” - A person licensed under the provisions Minnesota Rules Chapter 7080 to engage in the business of site evaluation, system design, system construction and pumping. 6r 7. "Disposal” - The evaporation or absorption of purified liquids after treatment of the raw sewage. it 8. "Existing System” - Any system ISTS constructed and in use prior to the adoption of this Section. "New systems" shall become "existing systems" at the time of final inspection and approval by the City. 9. “Failing System” - Anv ISTS that discharges sewage to a seepage pit, cesspool, drvwell or leaching pit. In addition, anv ISTS posing an imminent threat to public health or safety as defined in Minnesota Rules Chapter 7080 shall be considered failing. 7. "Ho lding Tank" ■ A water tight tank for sto rage o f sewage until the sewage can be transported to an appro ved of fsite po int o f treatment and dispo sal: S 10. "Inspection Report ” - The official report of the results of the inspection by the City, including any official orders to repair or replace a non-conforming compliant ISTS system. 11. "ISTS” - An Individual Sewage Treatment System as defined in Minnesota Rules Chapter 7080. Page 2 of 22 1 9:12. "MPCA Minnesota Regulations Rules Chapter 7080" - Ihe Minnesota Pollution Control Agency Individual Sewage Treatment Standards Chapter 7080. standards for the design, construction, installation and maintenance of Individual Sewage Treatment Systems extracted from the current Minnesota Rules as adopted in this section. r 13. “New System ” - Any proposed sys tem ISTS or any newly constructed sy stem ISTS which construction takes place after the adoption of this Section, shall be a ‘‘new system ” until the time of final inspection and approval by the City. itir 14. Non-Compliant System ” - A prohibited system ISTS: an system ISTS located within a designated 100-vear flood plain: any syste m ISTS which may or mav not meet all the location, design, or construction standards of the current Orono Municipal Code and which is failing for any reai^^n; and anv mrstem ISTS with less than three feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics. 10. "On»Site Sewage Treatment Sys tem" (hereinafter”sy stem" or “o n»site sy stem“->» A device o r series o f interco nnected co mpo nents designed, installed and maintained fo r the purpo se of safely treating and dispo sing o f sewage and do mestic wastes fro m a dwelling or other establishnieiit o r gro up thereo f; whenev er such sys tem is no t part o f a central sewer system; (a) System Design Definitio ns; ii. "Alternative Syst em” ■ Alternative syst ems include mo dified standard sys tems (seepage bed curtain drained systems and systems located in filled or compacted soils)i reduced area systems (aero bic tanks, separated to ilet waste and greywater systems and seasonal use systems); advanced-alternativ e sys tems (mounds, with perco latio n rates slo wer than 120 minutes per inch (MPl), coll ectio n sy stems, o ther systems such as to ilet waste treatment devices, etc.); and ho lding tanks. Alternative sys tems when feasible must be co nstructed according, to MPCA Minnesot a Rules Chapter 7080 and City of Oro no co des; fb^'~Svslciii ISTS Consliuctioii Status Dcfirutionsi (c) System Co nfo rmity Definitio ns: r—"Co de System" ■ A system which meets -all the loc ation, design and co nstructio n standards o f the current City Co des, and which is operating satisfactorily by treating and dispo sing of the entire current sewage input witho ut discharging any pollutants into grotmd-or Page 3 of 22 surface wate rs: ii. ^Co mpliant System" ■ A system which do es not meet all the lo ca tio n, design an d co nstructio n stan dard s o f the current City co des, but was install ed ac co rding to the co de in effect at the time o f installa tio n, and which is oper a ting sa tisfactorily by trea ting and dispo sing of the entire current sewage input witho ut discharging any po lluta nts into gro und o r surfa ce wa ters. iiii. "Fail ing System” ■ Any system which is being used beyo nd its ca pa city o r fo r any oth er reas o n has fail ed to treat properly an d/or dispo se o f the entire current input and is therefor e: (1) Dischar ging pol lutan ts, or any liquid, to the surface o f the gro und o r the gro und wa ter o r to any tak e, stream or ot her bod y o f wate r, or , (2) Not ac cepting sewag e input fro m an o ccupied building; o r, (3) —Crea ting a safe ty hazard due to unpro tected o r imprope r cons tmctio n o r main tenan ce; o r, (4) Crea ting a public-nuisance in any mann er. IS. "Owner" - Any person having legal or equitable title or sufficient proprietary interest in any building or land subject to the provisions of this Section. For purposes of notification, the owner shall be the occupant of the property or the person listed as taxpayer on the current tax rolls. IS. "Pollutants" - Bacterial or chemical impurities including pathogenic bacteria, infectious viruses, toxic chemicals, excess nutrients (nitrogen and phosphorous), unpotable water, or septage. 17. "Privy" - An outhouse, a cesspool enclosed by a building, typically not served with running water. m. 18."Prohibited Systems" - Cesspools, dry wells, leaching or seepage pits, and privies. 19. " Pumping" - The removal by gravity, syphon or mechanical means of any liquid or septage from sewage or holding tanks. 1 5. "Seepage Pit or Lea ching Pit o r Dry Well" ■ An undergro und pit into which a sewage tank discharg es effluent or ot her liquid was te and fro m which the liquid seeps into the surrounding so il thro ugh the botto m and o penings in the side o f the pit, including sewag e tanks which are no t wa tertight. 1 6. "Septage ” ■ Those so Hds an d liquids remo v ed during period ic main tenan ce o f a septic or a erob ic tank, or tho se solids an d liquids which ar e remov ed fro m a ho lding tank. Page 4 of 22 17. "Septic Tan k" ■ Any watertight, covered receptacle designed and const ructed to receive th e discharge of sewage from a building sewer, separate solids from liquid, digest organic matter, store septage thr ough a period of deten tion and to allow clarified liquids to discha rge for farth er treatment ht an oth er septic tank or to a soil treatmen t system. 18. "Sewage" ■ Any water carried domestic waste, exclusive of footing and roof drainage, from any dwelling er oth er structure. Domestic waste inclu des liquid waste produced by toilets, ba thing, culinary operations, and th e floor drains associated with these sources and specifically excludes animal waste and commercial or indus trial waste water. t7 20. ''Standard System" - An ind ividual on»site sewage treatment system ISTS employing a building sewer, sewage tanks, and the soil treatment system, consisting of trenches, at- grades, or mounds which are constructed on original soil which has a percolation rate equal to or faster than 120 minutes per inch and is constructed according to MPCA Minnesota Rules Chapter 7080 and City of Orono codes. 1 9. "Site Cvaluator/System Designer" ■ A person licensed unde r the provisions of th e City Code- to engage in th e busin ess of sewage treatment system site evaluation and design. 20. "Soil Treatment Area" ■ That area of trench or b ed b ottom which is in direct con tact with th e drainfield rock of the soil treatment system, and for mounds, that area to th e edges of the required abs orption width and exten ding five fiset beyond the ends of th e rock layer. 21. "Structure" > Anything which is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires a location on, below or above the ground. 22. "Treatment" -The purification of raw sewage by the removal or neutralization of pollutants through separation, bacteriological processes, biological and physical filtration, and gasification. Subd. 3. Terms Not Defined Herein. Words and terms not defined herein shall have those meanings as set forth in the Zoning Chapter as amended, the Subdivision Chapter as amended, and MPCA Regulations Minnesota Rules Chapter 7080. Source: Ordinance No. 210 Effective Date: 5-4-78 Subd. 4. General Provisions. A. Treatment Required. All sewage generated within the City shall be disposed of by connection to the City municipal sewer system or shall be treated and disposed of in an on»site system ISTS according to the provisions of this Section. Page 5 of22 B. Jurisdiction. The provisions of this Section shall apply to the method of sewage disposal from every building within the City intended for human use or habitation, whether such use is permanent, temporary or seasonal, regardless of the date of original construction or use. 1. The owners of all buildings where €ity municipal sewer is available or becomes available, shall connect the buildings to the City municipal sewer within 10 months of the availability o f the sewer accord ing to the pro visions o f the City Code ; subject to the following conditions: (a^l A code or compliant ISTS will not be required to be connected to municipal sewer until the ISTS becomes non-comoliant or the building undergoes major remodeling resulting in an increase in water use that exceeds the capacity of the ISTS. A Certificate of Occupancy will not be issued until the building is connected to the municipal sewer. fb’l An ISTS that is non-compliant due omlv to a lack of a three foot separation must be connected to the municipal sewer system within the same time frame that septic system replacement would be required. (c^ A failing ISTS that is discharging sewage to the surface must be coimected to the municipal sewer within ninety (90) days. 2. At the time connection to city sewer is completed all existing septic tanks no longer in use shall be pumped out and filled with native soil. 3. The owners of those buildings which have been completely connected to municipal €tty sewer shall be exempt from the maintenance and inspection provisions of this Section. €:-------Surface Discharge. Unless specifically permitted by MPCA and the City of Oro no , sewage, sewage tank effluent, o r seepage fro m a so il treatment system shall not be discharged to the gro und surface, abandoned wells, or bo dies o f surface water, or into any ro ck o r so il for matio n the structure o f which is not co nducive to purificatio n o f water by filtratio n, or into any well or ot her excavation in the grotmd : All new or existing systems which discharge to surface waters or the ground surface must o btain either a Natio nal Po llutant Discharge Eliminatio n System (NPDES) or State Dispo sal System Permit fro m MPCA and shall co mply with all federal, state, and City requirements pertaining thereto . 6:------Standard System Required. In areas not served by City sewer systems, sufficient ope n land o f suitable so il characteristtcs shall be pro vided for each new o r existing building to allo w fo r the design, co nstructio n and use o f a "standard” onsite system within the pro perty or o n which such building is loc ated. Standard systems are the o nly new systems permitted by tliis Sectio n witho ut a variance thereto : Page 6 of 22 1 ■ "Alternative syst ems" shall not be permitted except by variance. 2. "Pro hibited Sys tems" shall no t be instalicd or used except as permitted elsewhere in this code : C. Permits. A permit from the City of Prone is required for all construction. removal, alteration or repair of an ISTS within this municipality. A complete site evaluation and ISTS design must be approved bv the City prior to the issuance of a permit. All permits must be issued to contractors who are licensed per Minnesota Rules 7080.0700 - 7080.0715 and all work must comply with this section. The Citv mav reject permit applications that are incomplete or for repairs that do not meet the provisions of this section. The City may require additional inspections, removal or alteration of work performed which does not comply with the requirements of this section. The Citv reserves the right to denv additional permits to contractors who have failed to rnrrPf^t unsatisfactory work. The Citv maintains the right to pursue legal action or fines against anyone performing work on an ISTS without a permit. Construction relating to an ISTS that does not require a permit are listed below: 1 ■ Repair or replacement of pumos. floats or other electrical devices of the pump 2. Repair or replacement of baffles in the septic tank 3. Installation or repair of inspection oioes and manhole covers 4. Repair or replacement of the line from the building to the septic tank &-----Variances:- Sho uld the City find that any o f the pro visio ns o f this Sectio n are not applicable to--t he design, loc atio n, o r co nstructio n o f a specific sys tem, o r wo uld cause unnecessary o r unintended hardship to the o wner, the City may permit such variatio ns therefro m as are not co ntrary to the intent and purpo se o f this Sectio n or o ther applieable law. 1. "Alternative sys tems” shall not be permitted except by variance. The permit applicatio n must include an explanatio n why a “ standard syst em" is not feasible, include evidence that riiC'-proposcd “mctliod of^rcatment will be-effective, and provide a monitoring plan to wuiifiiiii that the system is functioning properly. 2. Variances, when appro ved, shall be subject to all co nditio ns and requirements established by the City at the time of approval or thereafter; —Alternative sys tem designs shall be reviewed by the City who shall approve, condi tio nally appro ve or disappro ve o f the propo sal. The o wner shall submit co mplete site design, construction and material specifications as required by the MTCA Regulations Chapter 7080 and the City. The o wner shall pay all co sts incurred by the City in the review of the proposal: Page 7 of 22 4:—Site limitations including soil characteristics and lot size may require Alternative Sys tem design for the repair, aheration, extension or replacement of existing systems, or for the constru ction of new systems on lots of record as of the date of adoption of this Sect!on:-ln such cases, the City shall have au thority to approve, conditionally approve or disapprove the proposal. 5. Subdivisi on proposals may include Alternative Syst ems for one or more proposed lots. In such cases, the City's review and recommendations shall be forwarded to the Planning Commission and Council for inclusi on in the review of the preliminary plat. The Council may approve, conditionally approve or disapprove of the proposal and may requi re that the proposed subdivisi on b e redesigned to-reduce or eliminate the use of Ahernative Syst ems. D. All permits issued for construction or repair of an ISTS shall meet the following standards; 1 ■ A new ISTS shall be designed and constructed as a “Standard System” in accordance with Minnesota Rules Chanter 7080 and shall meet the provisions in this section. “New Technology ” designs meeting the Minnesota Rules 7080.0400 mav be used when two future drainfield sites meeting the requirements of a “Standard System” are approved and preserved per the provisions in this Section. 2. A “New Technology ” ISTS will only be allowed for use with an existing residence when a “Standard System" or the provisions in this Section are not feasible due to preexisting lot limitations or when a future drainfield site is approved and preserved meeting the minimum requirements for a “Standard System” as per the provisions in this section. 3. When an existing ISTS is repaired or expanded, the system must be sized to treat the anticipated flow from the building and the portions of the system that are repaired must become compliant or remain compliant according to this Section. 4. Prior to any permits being issued for new construction, all ISTS sites must be completely enclosed in a durable four (4) foot blaze orange snow fence. Fence cannot be removed until permission is given from the On-Site Systems Manager Ej_____Variances. The On-Site Systems Manager mav grant variances to the provisions of this Section due to unnecessary or unintended hardship to the owner that are not contrary to the intent and purpose of this section or other applicable law. Variance applications shall be reviewed bv the C'tv upon written request of the owner or the owner ’s agent. 1. Variance applications must include complete soil testing and ISTS design in accordance with this section including the identification of any site limitations leading to the variance request 2 Variances shall be approved, conditionally approved or rejected in writing within ten n 01 working davs of a written request The owner shall pay all costs incurred bv the City in the review of the proposal. 3. Variance approvals shall be subject to all conditions established bv the City at the time of approval and thereafter. Page 8 of22 4. Any variance application mav be referred to the City Council for review bv the On-Site Systems Manager. F:------Building Permit Applications. No building permit shall be issued by the City for any new building which that will be connected to a new an on«site sewage treatment.sys tem until the site evalua tion report and an on*s ite sys tem design specifications as required by the MPCA Regulations Chapter 7090 and the City Code have has been revi ewed and approved by the City. No building pemtit shall be issued for any construction within a designated drainfield site (within the setback from said drainfidd site) until another drainfield site is approv ed by the City. Where the constructiun of additional bedrooms, bathrooms, installation of mechanical equipment, or other factors likely to affect mechanical equipment likely to affect the operation of the sy stem can be reasonably anticipated, the installation of a sys tem for such anticipated need shall be required on«site system must be confirmed as being of adecjuate capacity for the anticipated use. IFcTcpanjion or replacement of the on»site sys tem is required, an on»site sys tem design must be approve d by the City prior to issuance of the building permit. Where construction on an existing building can reasonably be anticipated to increase the sewage output for whatever reason, an alternate site or future expansion area (if available) must be designated and protected; F. Building Permit Applications 1. New Residence. No building permit shall be issued for anv new building that will be connected to an ISTS until a site evaluation and design is approved bv the On-Site Systems Manager. The site evaluation must include the identification of both primary and alternate drainfield sites suitable for a minimum of a five bedroom residence. If the building will be connected to an existing system, a site evaluation and design must be approved by the City including the existing system specifications and a future site meeting the provisions of this Section. A new residence must be connected to an ISTS meeting the definition of a code system. 2. Construction of additional bedrooms or construction including water using anniianccs that will increase the sewage flow into an ISTS. A building permit shall not be issued until the City confirms that the existing ISTS is compliant, of adequate size to treat the sewage flow from the building and a future drainfield site is designed and preserved. If the existing ISTS must be repaired or replaced, an ISTS design for both the existing system and a future drainfield site must be approved before issuing a building permit. If expansion or replacement of the ISTS is required, the system must be installed and inspected before a certificate of occupancy shall be issued for the construction. Failure to identify satisfactory drainfield sites for the proposed sewage flow for use now as well as a future site shall result in the denial of the building permit application 3. Expansion of an existing building (including decks and patiosit construction of an accessory building, driveway or land alteration. A future drainfield site must be designed and preserved prior to the issuance of a building permit for anv of the above activities Page 9 of 22 on a urooertv using an ISTS. A building permit will not be issued when the proposed work would preclude the use of the only future drainfield site approved bv the City. G. Conditional Use Permit and Zoning Variance Applications. No conditional use permit or zoning variance application shall be approve*? for a property until the existing on«sitc sewage treatment system ISTS has been confirmed as being of adequate capacity for the anticipated use, If expansion or replacement of the o n»sit e system ISTS is required, an-on -site- system a site evaluation and design must be approved by the City prior to the approval of a conditional use permit or zoning variance. If the change in use intensifies the strength or quantity of flow for the on-site system ISTS. an alternate site o r-fliture expansio n area (if available) must be designated and protected. H. Subdivision Applications. No subdivision, lot division or replatting for the purpose of creating a new building site, which property includes the use of on-s ite systems ISTS. shall be approved by the City until a site evaluation report and system design when required has been reviewed and approved, and all existing systems have been inspected and certified by the City as being in compliance with this Section. 1. Each new lot which is not farther subdhridable under the lot area standards o f the zo ning code .-shall have tested and approved primary and alternate drainfield sites. Each newly created lot regardless of acreage and which is intended for the development of a residence shall have approved primary and alternate drainfield sites. 2. Each new lot co ntaining less than 5 acres in dry buildable area shall have tested and appro ved primary and alternative drainfield sites; Each new lot with an existing residence connected to an ISTS must have either two future drainfield sites or one future site and a “compliant ” existing ISTS which is expandable to suit a minimum five bedroom residence (750 GPDV 3. For all lot s co ntaining less than 5 acres o f diy buildable area, the site evaluatio n report shall also include detailed system design specificatio ns as nor mally required for building permit applicatio ns. Each proposed lot shall be capable of sustaining a five bedroom residence and two drainfield sites to serve the dwelling including those lots with existing residences. 4. Fo r each propo sed lot , drainfield sites and system designs shall be capable o f serving a 5 bedroo m ho me (75 0 GPD Design Flo w Rate): 5. 4 As part of any subdivision, the owner shall grant to the City in a form approved by the City a perpetual right of entry to allow for the future inspection of all systems, which right of entry may be filed in the chain of title for the property. Subd. 5. System More Restrictive Design and Construction Standards. All system ISTS permit applications, site loc atio ns evaluations, design specifications, construction Page 10 of 22 methods, and material specifications shall meet the parts of Minnesota Rules Chapter 7080 adopted bv reference in Subdivision 2 of this Section be according to the miniiuum standards and criteria listed in MTCA Regulations Chapter 7090. with the following additional minimum standards: A. Site Evaluation. The site evaluation report shall include the following: The pro po sed site o f every new system or altered or expanded existing system shall be investigated by a qualified site evaluato r who shall prepare and submit a report to the City therein identifying relative site elevations and loc atio ns o n a plot plan; water table depth, so ils and so il characteristics; tabulating the results o f required soi l bo rings and perco latio n tests; describing the testing method s and equipment used; and generally evaluating the suitability of the site fo r system construction and use as stated in NIPCA-Regulatio ns Chapter 7080. Site evaluation shall be prepared and signed by a NIPCA certified site evaluator , including the site evaluator 's certificatio n number. The site evaluator must also be licensed to o perate in the City o f Oro no . 1. Soil Borings. At least three soil borings shall be completed for each new drainfield site designed. Each soil boring must be located within the drainfield site or within close proximity alone similar contours such that similar soil conditions are likely. For additions to existing systems, at least one soil boring shall be made in the expansion area. . Soil borings must be taken to a depth at least 5 feet belo w any pro po sed so il treatment system. If a water table or soil mottling is enco untered at a depth less than 5 feet, the bo ring shall be cont inued to a depth 2 feet belo w the highest water table or mott ling indicator . The number o f so il bo rings necessaiy for the site evaluatio n repor t listed-belo w is the minimum requirement. Additio nal bori ngs may be requested by the City due to questio nable so ils:' --------------------------------(a) For new systems, at least three so il bo rings shall be made within the primary drainfield area and three soH bo rings within the alternate drainfield area; -------------------------——(b) Fo r replacement systems, at least three soil bori ngs shall be made in the pro po sed replacement area. --------------------------------(c) Tor additio ns to existing systems at least one so il bori ng shall-be made in the expansio n area: 2. Percolation Tests. At least two percolation tests shall be completed for each new drainfield site designed. Each percolation test must be located within the drainfield site or within close proximity along similar contours such that similar soil conditions are likely. For additions to existing systems, at least one percolation test shall be completed in the expansion area. The number rf perco lation tests required for the site evaluatio n repo rt listed belo w is the minimum requireme:it. Additio nal perco latio n-^sts may be requested by staff due to questio nable so ils. ---------------------------------(a) For nr.* tr-stems, at least three perco latio n tests shall be made within the primary drainfield- area and three perco latio n tests within the alternate drainfield area. (b) For drainfield replacements at least three perco latio n tests shaH Page 11 of 22 be made in the expanaion area. (c) Fo r additions to existing systems, at leart one percolation test shall be made in the expansion area. a. b. c. d. e. f. g- h. 3. Plot Plan. A scale drawing of the entire lot showing the following: All property lines and lot dimensions. All existing and proposed structures. All existing or proposed well locations, or water supply piping. Relative elevations of house, lot comers and drainfield areas. Slope of ground at drainfield sites by contour lines or direction arrows and slope percentages. Location of all percolation test holes and soil borings with identifying symbols and relative ground elevations of each. Primary and alternate drainfield areas identified. Distance from primary and alternate drainfield areas to property lines, well locations, and any lake, stream, marsh or drainage channel within 75 ft. of any part of the system. Source: City Code Effective Date: 4-1-84 B. Sys tem ISTS Design. System ISTS design specifications shall include proposed flows or other sizing information, minimum sewage tank capacity, minimum soil treatment area requirements, a plan of the component layout, and all other information necessary to assure the City that the sys tem ISTS is designed and will be constructed to receive, treat and dispose of all of the sewage from the building served. Footing or roof drainage, water softener recharge water, garage floor drainage, toxic chemicals, flammable liquids, animal wastes, commercial process water and commercial kitchen grease shall not enter any portion of the sy stem ISTS but shall be separately treated and disposed of according to the applicable regulations of the MPCA, the Minnesota State Board of Health and the City. 1. Setbacks. The minimum setback distance requirements are as follows; Feature Water Supply Well Wetland Lake; General Development Recreational Development Natural Environment Tributaries, Streams Driveways, Sidewalks, Decks and other Hardcover Property Lines, Buildings and Buried Pipes Lawn Sprinkler Systems Sewaqe Tank and Soil Treatment Area 75' 75' 75' 75' 150' 75' 20' 20' 10' Page 12 of 22 2. Sewage Tanks. The minimum sewage tank size requirements are as follows; No of Bedrooms 4 or less 5 or 6 7, 8 or 9 10 or more Tanks Liquid Capacities (Gall 1000+1000 Regardless of garbage disposal use 1250+1000 Regardless of garbage disposal use 1500+1500 Regardless of garbage disposal use Sewagejanks shall be sized as ’’other ” establishments per MPCA Regula tions Minnesota Rules Chapter 7080. 3. Pumping Stations. In order to standardize installation and electrical connection methods, the following pumping station requirements must be met in addition to MPCA Regulations Minnesota Rules Chapter 7080: (a) Electrical Connection. (1) A water-tight, lockable electrical box must be mounted on a 4x4 inch treated redwood or cedar post. (2) All electrical connections shall be made within the box. Pump connection must not be made using a direct line (plug in only). Wire entry to the electrical box shall be sealed with p u tty a watertight material such as foam or putty. (3) Alarm and pump floats shall be on separate electrical circuits. (4) Electrical wire from power supply must not run over any tanks but must be laid beside the tanks and placed in conduit along the electrical post. (5) Electrical cords from the pump and floats must be run through a 2 inch PVC (or equivalent) conduit (Schedule 80) with a one inch gap between the conduit and the electrical box. Electrical cords must not run throutzh or under manhole cover . Wires must not have ground contact. (b) Pumping Chamber. (1) Effluent pipe exiting the pumping chamber should be laid on a uniform slope up to the soil treatment area for proper drainback. If the pipe at the tank must be lower than union to get elevation for drainback, a 1/4 inch weep hole must be used. (2) When the soil depth above the pressure distribution pipe is less than 3 'A feet 42 inches , insulation must be added to achieve an insulating factor equal to 3 feet 42 inches of soil to decrease the potential for freezing (styrofoam or concentric piping are acceptable methods). Piping under hardcover such as tennis courts or driveways shall receive an additional 1 fo ot 12 inches of soil cover or equivalent insulating factor. (3) A reserve capacity equaling 75% of the anticipated daily flow must be allowed in the pumping chamber between the alarm activation level and the pump tank Page 13 of 22 inlet. 4. Drainfields. (a) Trenches. Trenches must meet MPCA Regula tions Minnesota Rules Chapter 7080 and may not be located on slopes greater than 18%. withou t varian ce. (b) Mounds andAt-Grades . Mounds and at-erades must meet specifications per MPCA Regulations Minnesota Rules Chapter 7080 and may not be located on soils with percolation rates slower than 120 mpi. n or on slope s greater than 6% without varian ce. Mounds or ar-grades mav be placed on slopes up to 12% with soils having a percolation rate of 0.1-30 mpi and a soil texture of sand, fine sand, sandv loam, or loam. Mounds or at-grades mav be placed on slopes up to 9% with soils having a percolation rate of 31-45 mpi and a soil texture of loam or silt loam. Mounds or at-grades mav be placed on slopes up to 6% with soils having a percolation rate of 46- 120 mpi and a soil texture of clav loam or clav. C. Compliance Standards 1 . New systems shall be located, designed and constructed as code systems. 2. When an existing code .«>stem is repaired or expanded, such system shall remain a code system. Compliant systems, when repaired shall be upgraded to a code system status whenever such classification is reasonably attainable. 3. Existing non-compliant systems shall be replaced by code systems whenever such classification is reasonably attainable. If a code system is not achievable due to soil, water table, or lot limitations, the system may be replaced or repaired such that it becomes a compliant system. D. Construction Procedures. 1. Protect Ab sorpt ion Drair-fft^te Proposed drainfield absorption areas shall be identified and marked off on the lot at the uitvv ot ;he site evaluation and prior to any construction or grading occurring in the area. The drainfield area shall remain undisturbed until drainfield construction is commenced. No vehicular traffic shall be allowed in the drainfield area either before or after drainfield installation. 2. Favorable Weather Required: Drainfield absorpt ion area or trench construction must not proceed if the area is wet or has had rain within 48 hours. Mound or trench construction shall not proceed unless the soil moisture content is below the plastic limit. 3. Construction Inspection Required: The contractor issued a permit for on- Page 14 of 22 site system construction shall perform all work according to the design specifications approved by the City for each particular system. All subsurface work including building sewer, sewage tanks, distribution system and soil-treatment area shall be inspected by the City Inspector prior to backfilling or covering of any portion thereof It shall be the responsibility of the contractor to notify the City at least 24 hours prior to the time an inspection will be required, and it shall be the responsibility of the contractor to ensure that the inspection is accomplished and the construction is approved prior to any backfilling, covering or continuation of the construction. Subd. 6. System Operation, Use and Maintenance. A. Existing systems require prudent use and proper maintenance to ensure that each system will continue to treat and dispose of the entire sewage input and operate in conformance with this Section. Therefore, this Section provides for certain maintenance standards and regular monitoring of all systems within the City. Source: Ordinance No. 210 Effective Date: 5-4-78 B. Owners Responsibility. It shall be the responsibility of each property owner to demonstrate that the on«si te sanitation device or system ISTS on his property is in conformance compliance with all requirements of this Section; that the device or system properly treats and/or disposes of the entire sewage input generated on the property; and that the device or system is adequately and properly maintained at all times. The owner is also responsible for the protection of the ^ternate drainfield site, if designated due to the development of the property or was required to be designated for any other reason. Protection of the drainfield site includes, but is not limited to preventing construction of buildings, excavating, filling, or driving across the drainfield site with automobile or heavy machinery traffic. Source: City Code Effective Date: 4-1-84 C. System Use. All owners using or controlling the use of any on»site system ISTS shall use said sys tem ISTS in a prudent manner, shall control the volume of liquid discharged into the system consistent with the design capacity, shall strictly linrit the discharge of shredded garbage, residential kitchen grease or other solid matter into the system, and shall prohibit the discharge into the system of footing or roof drainage, water softener recharge water, garage floor drainage, toxic chemicals, flammable liquids, animal wastes or commercial process water and commercial kitchen grease. D. System Maintenance. All owners using or controlling the use of any on*site sys tem ISTS shall perform the following maintenance functions: 1. System Location; Within twelve (12) months of the effectiv e date of this Section, A diagram shall be prepared and thereafter kept on the property showing location of the sys tem ISTS including the sewage tank(s), distribution box(es) and soil treatment area, pump Page 15 of 22 station, sewer line, water well and location of septic alarm in residence. Source: ordinance No. 210 Effective Date; 5-4-78 2. Annual Inspection: within twelve (12) mo nths o f the effective dat e o f this Sectio n, and at least o nce between March 1 and June 30 o f each succeeding yea r; the inspectio n manh o le and the inspectio n pipe o f every sewage tank and ho lding tank shall be ope ned an d the depth o ftfa e scum an d sludge acc umula ted in the tank shall be measu red. It is the responsibility of the homeowner to monitor the condition of the ISTS serving the property on a regular basis and assure that the ISTS is functioning properly. Whenever existing sewage tanks are not provided with inspection pipes, the owner of said tank shall install same within twelve (12) months of the effective date of this Section. At the same time that the septic tank is opened for inspection, each distribution box shall be opened and any accumulated solids shall be placed in the septic tank for treatment. Source: Ordinance No. 218 Effective Date: 2-1-79 3. Regular Pumping: Sewage tanks and/or holding tanks shall be regularly pumped of septage as provided-by this Section. 4. Owner's Records: Full and accurate records shall be kept on the property which records shall list the date of every sewage tank or holding tank pumping, the contractor responsible for the pumping and the gallons removed, the date and nature of all system repairs or alterations occurring after the effective date of this Section, and shall include copies of the most recent City Inspection Report classifying the operation of the sys tem ISTS. E. Sewage Tank and Holding Tank Pumping. It is unlawful for any person to pump or remove any septage (liquids or solids) from any sewage tank or holding tank without complying with the requirements of this Section. 1. Required Pumping: The owner of each sewage tank or holding tank shall cause said tank to be pumped for the removal of septage when required by one or more of the following provisions: (a) Sludge buildup: Sewage tanks shall be pumped whenever measurement of the tank indicates that the top of the sludge layer in the tank or any compartment thereof is less than 12 inches below the bottom of the outlet device or the floating solids layer is less than 3 inches from the bottom of the outlet device. (b) Maintenance Pumping: No sewage tank shall remain in service without being pumped at least once every three years, whether or not measurement indicates a sludge buildup. Each existing septic tank shall be pumped at least once within 36 months of the effective date of this Section and thereafter at least once within 36 months of each succeeding pumping. In order to be considered a maintenance pumpout, the manhole or cover section (20 inch diameter Page 16 of 22 minimum) must be removed to allow the complete extraction of the solid materials within the sewage tank. The contractor must also determine whether the tanks are watertight and report this information on the pumoout notification. Failure to adhere to these requirements will result in the City's rejection of the numnout notification as a bona fide maintenance pumpout. (c) System failure: Non-compliant systems ISTS discharging pollutants shall have the sewage tanks regularly pumped to limit or eliminate effluent discharge until satisfactory repairs have been completed. (d) Holding tanks: Holding tanks shall be pumped on a regular basis and in all cases shall be pumped before overflowing occurs. All new holding tank installations will require review bv the City Council. 2. Contractor Required: All sewage tank and holding tank pumping shall be performed by licensed contractors. 3. Offsite Disposal Required: All septage removed from sewage tanks or holding tanks shall be removed from the site in sealed containers and shall be disposed of in a sanitary location and manner according to the requirements of the Metropolitan Waste Control Commission. 4. Registration Required: Each pumping of every sewage tank and holding tank shall be registered with the City on forms provided for that purpose, within seven (7) days of the pumping. The contractor shall certify to the City the owners of the property, property address, date of pumping, gallons removed and location of sanitary disposal. Failure to register any pumping with the City shall be caus e to revoke the contr actors licen se and/or forfeitu re of the b ond and may result in the City Inspection Report's classifying the system ISTS as non-conforming non-compliant. Source: Ordinance No. 210 Effective Date: 5-4-78 Subd. 7. Special Provisions for Lake Minnetonka Islands. All lots, properties, buildings and structures on Big Island, Mahpiyata Island and Deering Island, Lake Minnetonka, shall be provided with on -.Mte itewape treatment systems ISTS's which comply with con forming to the requirements of this Section, as amended by the following special provisions and specific exceptions pertraning to island properties. Source:City Code Effective Date: 4-1-84 A. Systems Not Required. Vacant property or property used solely for one- family seasonal recreational use of land without structures, or with accessory structures only, as permitted in the "RS" Zoning District, need not be provided with an on-site sewage treatnwnt system ISTS provided that at any time such property is actually in use by one or more persons for overnight or longer stays that an approved marine toilet or portable holding tank toilet shall be available on the property or within a water craft docked or moored at the property. Page 17 of 22 B. Ou th ouses Permitted. Notwithstanding other prohib itions against privies, ou th ou ses or pit-type toilets, thes e de vices may be used on property in the "RS“ District subj ect to th e following restrictions: ISTS Required. Each building or structure within the "RS” Zoning District must be connected to an ISTS according to the provisions of this Section as follows: 1 ■ For each principal dwelling. 2. For each dwelling on a property containing two or more dwellings pursuant to a private guest cabin conditional use permit. 3. For each seasonal dwelling over eight hundred (800) square feet in floor area. 4. For any dwelling or building which has water plumbed inside and has a sink, toilet, tub or other plumbing fixture. ■hC Alternative ISTS Permitted. Outhouses, incinerating device s. composting devices or small portable holding tank toilets are permitted as follows: mav be used only on property us ed for: fa) h Seasonal dwellings of less than 800 square feet in floor area. fb) _2. Seasonal recreational use of land without structures, or with accessory structures only. fc) 3. Any other permitted or conditional use only upon approval of a variance issued by the Council. 2. Ou tho use s shall be d ry with no water phimb ed-in: ±_ Outhouses shall be constructed in accordance with MPCA Regula tions Minnesota Rules Chapter 7080, except that sealed vault type outhouses shall not be permitted. 4. Ou th ouses shall be located as per MPCA Regu lations Chapter 7080 as modifie d by this ordinance: 5. Existing outhouses not conforming to any or all of the above requirements shall be abandoned, filled-in and the superstructure removed within I year of notification that a non- compliance exists , bu t in any case not later than 2 years after th e effective d ate of thi s su bd ivi sion. 6 : It is unlaw ful for any person to construc t, install or relocate an ou th ous e witho u t first obtaining a permit from the City as requir ed for oth er on»site systems, exc ept tha t ou th ous e permits may be issued to the property owner as well as to hcensed contractors. Permit appHcations shall specify location, setbacks, pit de sign and pit eleva tion above the highes t water table indicator. At least one soil boring in the location of the ou th ous e shall be provid ed by a NfiK^A Page 18 of 22 Vk/ -i - it im—n I'na ■!----1 i f ■ hhwi naiiii ii iMinfM ~~i~~iiiiinii i~warwiB-i certified, city licensed site evalua tor. AH work on outhouses including construction, installati on, altera tion or relocati on shall be subject to inspection and appr oval by the City to ensure compliance with the requirements set forth herein, mcludtng without limita tion proper-design, construction, sanitary setbacks, depth to water tabl e and soil types: —Alternativ e was te treatment devices are permitted in lieu of an outhouse on any property where oothouses a re permitted pursuant to Subparagraph D ab ove, or where otherwise necessary to provi detoilet was te disposal for an e?dsting dwelling where a conforming outhouse or on»site sewage trea tment system cann ot be install ed. Such devi ces shall include incinerat ing devic es, composting devices or small portable holding-tan k toilets which ar e car ried to the mainland for disposal in a sani tar y sewer system. Alterna tive systems shall be subject to revi ew and a pproval by the City; &:------On«Site Sewage Trea tment Systems Required. 1 ■ A complete on»site sewage trea tment system including plumbing fixtures, two sealed sewage tanks and drainfi eld designed, constructed and main tai ned in fiiH conformance with the On»Site Sewage Trea tment Code is required on all properties in the ”RS" District as fellows: ijt)-----serv ing all structures containing a principal dwelling. Serv ing a ll properties containing two (2) or more dwellings pursuan t to a priv at e guest cabin conditional use permit. ---------------------------------(c)-----Serv ing all seas onal dwellings ov er 800 square feet in floor area; -------------------------2. Servi ng al l dwellings, buildings or structures containing a water activated toilet regardless of the type or dura tion of use or occupan cy. 3. Any dwelling, building or structure hav ing running wa ter plumbed inside to any sink, lava tory, tub, shower, or any other phimbing fixture, but not a toilet, shall ha ve~a ;onferming greywa ter disposal system including a septic tank and drainfi eld connected to such fixture drain(s); 4. Any existing dwelling, building, or structure required by one or more of the ab ove Items to be connected to an on-site sewage treatm ent system, but which is not so connected as of the eflFective date of this Subdivisi on, or which has an existing system that does not conferm to minimum setbacks or other requirements of the "RS" Zoning District, shall hav e a new conforming on-site sewage trea tment system complian t on*site sewage trea tment system installed within one yea r of notifica tion tha t a non-conformity non*compliance exists, but in any cas e not later than 2 yea rs a fter the effectiv e da te of this subdivisi on. —All other provisi ons of this Subdivisi on shall ap ply to on»site sewage trea tment on the Lak e Minnetonka Islands, including without limitation the requirement for construction permits, construction inspection, an d regular ma intena nce-inspections, including payment of the stan dar d annual service cha rge. Page 19 of 22 Subd. 8. Administration. A. Administrating Officer. The provisions of this Section shall be administered by the Building and Zoning Department and the Building Official who shall coordinate all permit applications and inspection services. The On-Site Systems Manager or Building Official shall review and evaluate technical matters including system design and installation as provided herein. Source: City Code Effective Date: 4-1-84 B. Inspection Program. For purposes of insuring continued proper use and maintenance of all existing on«she systems ISTS. the City shall periodically inspect each existing system ISTS and shall classify each system ISTS as Code, Con for ming, Compliant or Non* Co nfor ming Non-Compliant. 1. Right of Entry: The City Inspector shall have the right of entry onto every property in the City, which property includes an o n-site sys tem ISTS. for purposes of inspecting said system for conformity compliance with the provisions of this Section. Each construction permit issued after adoption of this Section shall extend be construed as the right of entry to the City Inspector by explicit approval of the owner requesting such permit, which approval may be filed in the chain of title for the property. Failure of any party to grant the City access for this purpose shall be grounds to classify any system on the property as no n«c o nfo rming non-compliant. The City Attorney shall thereafter take such action as is necessary to enable the City to perform the inspection and to enforce all the provisions of this Section, and to assess the cost thereof against the property. 2. Inspection Report. Within thirty (30) days after the inspection of each system ISTS by the City, the City shall provide the results of said inspection in writing to the owner of the system, including the classification of the system ISTS as to co nfo rmance compliance with City requirements and potential for existing or future problems. Notice of non*c o nferming non- comoliant or failing sys tems ISTS shall include orders for maintenance, repairs or replacement, the procedures for obtaining all required permits, the deadline for completion of the construction or pumping and the penalties for failure to comply with the order. 3. Code and Co nfor ming Compliant Systems ISTS shall be inspected by the City at least once every two years 4. Owners of non-compliant systems ISTS shall be issued orders requiring maintenance, repair or replacement per Subdivision 5(c) as follows. (a) Sys tems ISTS located within the Shoreland District found to be non-compliant due solely to lack of 3 feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics, shall be repaired or replaced within a reasonable period of time not to extend past December 31 of the seventh year following the year in which repair orders are issued, the intent being that at least seven full construction seasons (May thru November) shall be allowed for the completion of repairs. The repair dates will become effective upon the date of adoption of this ordinance for all systems which have been identified as non-compliant due solely Page 20 of 22 i to lack 3 feet of unsaturated soil prior to the date of this ordinance: their repair deadlines will be seven years from the date of this ordinance. (b) Systems ISTS located outside the Shoreland District found to be non-compliant due solely to lack of 3 feet ofunsaturated soil or sand between the distribution device and the. limiting soil characteristics, shall be repaired or replaced within a reasonable period of time not to extend past December 31 of the tenth year following the year in which repair orders are issued, the intent being that ten full construction seasons (May thru November) shall be allowed for completion of repairs. The repair dates will become effective upon the date of adoption of this ordinance for all systems which have been identified as non-comoliant due solely to lack 3 feet of unsaturated soil prior to the date of this ordinance: their repair deadlines will be ten years from the date of this ordinance. (c) Systems ISTS found to be non-compliant because they are either "failing" or "prohibited" as defined in Subdivision 2 of this Section, shall be repaired or replaced within 90 days if feasible but in no case later than ten (10 ’) months 1 calendar year after the date of the repair order. (d) Sewage tanks requiring pumping in order to eliminate surface discharge shall be pumped within 48 hours and as often as necessary thereafter to eliminate effluent discharge until system repairs are completed. S. Systems required to obtain and maintain a MPCA State Disposal System permit shall meet the requirements of MPCA Reg ulatio ns Minnesota Rules Chapter 7080. If the State Permit lapses, orders shall be issued to cease use of the system within ten (10) days, such use to be discontinued until reinstatement of the State Permit. 6. Failure to obey a lawful order requiring repair, alteration or replacement of a no n*co nferming non-compliant system ISTS shall be cause for the City to enjoin the owner or occupant from further use of the system ISTS. Upon notice, the owner shall have ten (10) days to show cause to the City why the property should not be condemned for occupancy according to Minnesota Statutes 463.IS et.seq. C. Annual Service Charge. An annual service charge in the amount prescribed by resol utio n-o f the Co uncil within the current Citv fee schedule shall be paid by the owner of every building connected to an o n»site system ISTS such charge for purposes of administering and enforcing the City Inspection Program as provided for herein. A separate charge shall be due for each separate system located on each property. Source; Ordinance No. 210 Effective Date: 5-4-78 1 The service charge shall be due 45 days after the billing date. 2. It shall be the duty of the City Administrator to endeavor to collect all delinquent accounts. 3. Each year the City Administrator shall prepare an assessment roll providing for the assessment of the delinquent accounts against the respective properties as provided in Page 21 of 22 Minnesota Statues 429.061, Subdivision 3, and shall certify same to the County Auditor who shall thereupon enter such amount with the tax levy on said property collectible with the taxes for the next year. Subd. 9. Enforcement; Violation. A. Enforcement. It shall be the duty of the Building Official to enforce the provisions of this Section and to bring to the attention of the prosecuting attorney any violations or lack of compliance herewith. B. Civil Enforcement. Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of the provisions of this Section to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation, to prevent illegal occupancy of a building, or to prevent continued use of a n on-eon fbrming non-comoliant oifsite syst em. ISTS. Source: City Code Effective Date: 4-1-84 Subd. 10. Severability. If any provision of these standards or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions of these standards or application of any other part of these standards which can be given effect without application of the invalid provision. To this end the provisions of all sections, subsections, or subdivisions herein and the various applications thereof are declared to be severable. Source: Ordinance No. 100, 2nd Series Effective Date. 2-10-92 Page 22 of 22 J COUNCIL REQUEST FOR COUNCIL ACTION WHONO DATE: May 3,2000 ITEM NO: / ^ Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Revised Site Plan andi^ovenants Related tu the Fleming Trail Addition Property In 1993, as part of the annexation of the Fleming Trail Addition property into Long Lake irom Orono, the City approved a site plan and covenants to allow 13 lots on the property. These covenants are attached. Since that time, a portion of the Fleming Trail property has been designated for acquisition by Mn/DOT as right-of-way for the Highway 12 upgrade project. In response to the right-of-way acquisition, the City of Long Lake has redesigned the Fleming Trail subdivision to cluster the 13 lots on a smaller area of the property, which has enabled the preservation of a substantial amount of open space at the northeast comer of Orono Orchard Road and Orono Oaks Drive. Amended Covenants The revised site plan requires approval by a majority of the Council, and also requires two changes in the covenants that are currently in place on the property. The changes in the covenants are as follows: 1 . The current covenants require a front yard or street setback of 35', which is consistent with the City’s one acre development standards. The proposed site plan has a 30' front yard setback. This setback is consistent with the City’s one-half acre development standards. 2.The covenants prohibit vehicular and pedestrian access to Orono Oaks Drive from the Fleming Trail Addition. The proposed site plan has vehicular access from Orono Oaks Drive. Additional Covenants When the Council discussed the revised site plan at its April 27 work session, the Council directed that the areas shown as park/open space and the ponding areas and wetland areas be permanently dedicated as such. COUNCIL ACTION REQUESTED: Motion to approve the revised site plan for the Fleming Trail Addition, attached as preliminary concept “A”, and to revise the covenants on the property to enable a 30’ front yard setback, to enable vehicular access to Orono Oaks Drive, and to require that the areas shown as park/open space and the ponding areas and wetland areas be permanently dedicated as such; and to direct amended covenants to be drafted to reflect the changes, and to authorize the Mayor to sign the amended covenants. ----I jm~ rttn. I ^ . A . • . ■ r DECLARATION OF COVENANTS this D£C^>^0N O? ^de th^s of-- - - -TiTs by and between THE CITY OF ORONO, a the CITV OF LONG LAKE, a municipal corporation ("Long Lake ). RECITALS _ T 9>A i owner of certain real property that is legally^elcribed on E^ibit A ^^rolllT^TA-s Itl nf^f“ong^aba and zoning by^I^ng Lake and in settlement of adevelopment Oa. the ..ope-ty y a annexation of thedispute between Long Lake and Orono as Property. KOW, the™, &&«fedrer^nG\Tb%^\-nToron^ agree as follows: 1.pa«Ls"and"may%renfor« fnjuiltilnT whether or not monetary damages are involved. 2.pedfs%™“racce«^-^s°ha\?'be°p^ Drive from the Fleming Trail Audition. construction °"«”^Jt«aoe includes the footprint aU® st^cwrerwlthin building lot. The ?”?o«ing shall be included in calculation of lot coverage by structure: All roof structures that extend more than 6' above grade level; Tennis courts, %^iyopen structures when partxally or lu^y enclosed by fences, railings, or walls tnat Extend more than 6' above grade level; „oi., F»=1 “tSiTO =‘*S«S«"2 p°jo.nv,%“V.’A,'?,■?.“=.. with a fence . as.r ,:?-ss!dC.rusfr.sir “• provided. i { 5. 6. 7. Ir I 8. a.Plantings shall be provided within the SO' rear setback areas of Lots 1, 2, and 3, Block 2, as shown on development plaji attached as Exhibit # A to these covenants, providing a natural visual buffer between the Fleming Trail Addition and Orono Oaks development. b.The stands of mature trees on the eastern portion of the site as shewn on Exhibit A shall be preserved. The following setbacks are approved for each of the residential lots: a. Lot 1, Block 1-30' street setback, remaining ^ ^ « m _^ _ _ __ _ _ _ _ _ ^ msetbacks from creek and wetlands area 26' ; b. c. Lots 1, 2, 3, 7, 8, 9, 10, and 11, Block 2 - 35' street, 50' rear, 10' side setback; Lots 4, 5, 6, and 12, Block 2 - 35' rear, 10' side setback. street. These covenants include the approved development plan that is attached as an exhibit to the covenants and kept in the official files of the City of Lone Lake" for reference of future, property owners. This plan shall be enforceable in its entirety by the City of Orono. Changes in the development plan will be allowed only upon majority vote "of the City Council of ^ Orono. Such developmer,t plan includes the special, agreed-upon setbacks of each lot, the approved drainage and grading plan, landscape plan and planting schedules, retention areas for surface anin-off, elevations of first habitable floor, wetland areas defined as drainage easements, and specific numerical designation of DNR-protected wetland. Future developer or homeowners to obtain permits from the Depa"rtment of Natural Resources and the Army Corps "of Engineers if future improvements inv^'vve further encroachment into protected wc‘-lands located within Outlet A. Such iiuorovements would include the future expansion of the plat road into the protected wetlands. If entrance monuments are to be installed at a future date, special care shall be given to ensure that there are no sighting problems created at public road intersection because of the location,of the intersection to existing. curve within Orono Orchard Road. Monuments must be set back 10' from 9. public rights-of-way and are not to exceed 3 6" m height. The following shall not be permitted: # a. Guest houses as separate structures; b. Home occupations'conducted in ^y building on the premises other than the building which is used by the occupant as the private dwelling, and not more than one room may be used for such purpose. c. Permitted home occupations shall not include the emoloyment of any persons not residing on the premises in the performance of such occuoation, nor the use of mechanical equipment other than is usual for pure y domestic or hobby purposes,^ and shall not include exterior display or signs. ^ There shall be no exterior storage of eqnioment or materials used in permitted home occuoations. No commercial automotive r^airs shall be made in any Residence District. A homeowner or occupant repairing ora automobile shall do so in an enclosed structure. e The operation of any business ^ is not a permitted home occupation unless it meets the following requirements: _ js engaged in only by persons residing in the dwelling. , There is no employed assistant. The business is conducted within the principal structure only. ^ , gvidence of the business is not visible from the street. _,. . , . No signs other than those permitted in single family residential districts are No excessive stock in trade is stored on the premises. Over the counter retail sales are not B) The°^s^e^*does* not adversely affect the character of the uses permitted in the district in which it is located. f anv manufacturing business, dancing or musical * ■ «Lol with organized classes of more than one (1) pupil at a time, commercial stable or 2) 3) 4) 5) B) 7) kennel, or any activity producing noxious matter or perceptible noise beyond the lot line, are not pexuiitted honie occupations. 10.The keeping of domestic animals for commercial purposes is not permitted. The keeping of household pets for non-commercial purposes is allowed. 11 12. . Outlot A shall not be developed at any time. No road providing vehicular access under the railroad viaduct to the property to the north shall ever be constructed on the Property. 13.All mobile materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except boats and unoccupied trailers less than 20 feet in length, which are not stored for commercial purposes, if stored to the rear of the house and not within the reo[uired setback areas. 14. The sanitary sewer forcemain shall be relocated to the proposed roadway as shown in Exhibit A IN WITNESS WHEREOF, Long Lake and Orono have executed this Declaration on the above date. TEE CITY OF ORONO By Its THE CITY OF LONG LAKE \ % ktf »oop»p Urch«nl Circle :-^<__r y>' -^ ^ -r \W I \ « »if f V \ ■i. g£J_IM IMKK.Y A" _ _ J.IP'DO Schematic Site Plan ncmhigTnUAilditiM Lmi Lake, MmmsoU CoHCE_Fl I4EQUEST FOR COUNCIL ACTION council MBET»NO MAY 0 a 2000. DATE: May 5,200lj“ ^ ORONO ITEM NO: j *] Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:m Agenda Section: City Administrator's Report Item Description: Police Department Supervisory Reorganization I have attached a memo from Chief Cheswick recommending the reorganization of the supervisory structure of the Police Department that would eliminate the current three corporal assignments in favor of adding two sergeant positions. Background In the early 1990's, the Police Department supervisory structure was the Chief and two lieutenants who served as first line supervisors. When one of the lieutenants retired, the decision was made that, rather than filling the lieutenant position, three officers would be assigned to a corporal or shift leader position. This was done to provide an opportunity for a number of officers to grow in leadership roles in preparation for the time wlien the Department would move from the corporal positions to sergeant positions. As the size of the Department has grown, and as both the service and legal requirements placed on the Department have grown, it has become more important to have true first line supervisors in place. Staff Recommendation Staff recommends elimination of the police corporal positions effective May 15,2000, and creation of two additional sergeant positions. The staff recommendation had initially included the interim appointment of two officers to the sergeant position during the sergeant promotional testing process. In order to ensure the credibility of the sergeant promotional process, and to avoid any appearance of favoritism, the interim appointments have been eliminated from the staff recommendation. Staff will complete the sergeant promotional process as e,xpeditiou3ly as possible. COUNCIL ACTION REQUESTED: Motion to approve the elimination of the police corporal positions effective May 15, 2000, to approve the creation of two additional police sergeant positions, and to authorize the City Administrator and Police Chief to initiate a police sergeant promotional testing process immediately. April 21,2000Date: To: From: Subject: Department Reorganization RorrMoorse Gary Cheswick This memorandum is a follow-up to the meeting of April 13'*’ between the City’s labor relations consultant, yourself, and I, regarding the supervisory structure of the police department. After a lengthy evaluation period, I am seeking your approval in making the following changes within the department: — I wish to eliminate the Corporals position effective May 15,2000. I have selected this date because of scheduling consideration and wish to have the new staffing in place prior to the departments’ busiest season. I would also like to have any union issues addressed as soon as possible so they do not have an adverse effect on the hiring process of the new Chief. Effective May 1 S'**, select two officers to serve as acting Sergeant’s. They would serve for a period of no longer than 90 days until a promotion testing could be undertaken. I wish to make these changes based upon my observations, that were previously addressed and discussed with Cy Sm>lh and yourself. As you know, the Corporal position was created by the previous Chief, Steve Sullivan, to be used as lead officers or shift commanders. This position was to serve as an assignment zind not to be considered a promotion. Since I became Chief, I have encountered several problems with this arrangement. By remaining with the bargaining unit, the Corporals cannot be given duties that may conflict beUveen management and union employees. This arrangement has shown itself to be damaging to the efforts of management in the areas of scheduling, evaluations, and grievances. By altering the existing structure in making Sergeant’s the first line supervisor, these concerns should be reduced. In addition, we would have in effect a management team that would assist during the transition period between my departure and the new Chief being assigned. ^ • REQUEST FOR COUNCIL ACTION cot INCIL MEETING MAY 0 a MOO CITY Of OHONO DATE: May 5,2000 ITEM NO: / S Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Respectful Workplace Training The lake area cities have been working together in recent months to organize training related to providing a respectful workplace for all employees. Because of the small size of the cities, there were a number of economies of scale provided by the cities working cooperatively to provide the training. After reviewing proposals from a number of training consultants, the cities have selected Barbara Raye Consultants to provide a series of 3 one-half day workshops to all city employees. The three workshop topics are cross-cultural communication, sexual harassment, and conflict resolution. The cost of the workshops is $50.00 per session per employee, or $150.00 per employee for all three sessions. The total cost of the training for Orono’s 51 employees is $7,650.00. COUNCIL ACTION REQUESTED: Motion to approve the City's participation in respectful workplace training for ail employees at a cost of $7,650.00, and to amend the General Fund budget to reflect the expenditure. I * 02/-:?4/2000 13:12 61272:55936 BaPB aPA P a'.-E PA'SE 01 FAX Cover Sheet To: iTom: Re: Date: Ron Moorse Barbara E. Raye Training Sessions February 24, 2000 Auached .vre t«y resume aaJ that of Lynn Ceschwind. I think she will bring additional cifdibiliiy on the Sexual Harassment tiaining for your employees. I his iv a topic that conruses people a little, and it is helpful to have two trainers as well as a team that can help balance the exposure/legal i.ssues from those ot intcrper.sonal workplace rclaiH>M.sliips that arc healthy und normal. I recommend that we plan for 1/2 day .sessions for each topic area. The three topic areas are Sexual llaras.smcnt. Diversity (Cross-cultural Communication), and Respectful W.Hkpluces (CrcatiNC Connict Resolution). The approach to diversity is one ot respect for all dil terenccs and an opportunity to examine how each of u.s has different hi.sioric.s. values, learning styles, and communication expectations. This is a fun, pretty active session and is ba.sed on a design T*ve delivered over 2-dozcn time.x with employees at Plymouth. Muineionka. U.S. Customs, .M.N Slieiiffs Association, and us a I-day naininp through Hamline University. It i.s well-rcceived by all group.s and achieves our goals ot gieatei understanding of personal culture, difference of others, and respect for how those differcncc.s can present themselves in the workplace. The Creative Conflict Resolution session helps people understand their prefeircd .ipproach to corinicts/problems and to see how the approach to conflict should vary based on the situation. Then participants engage in pretty active creative problem solving, and .>cciuirio di.scussioivs based on real-life workplace conflicts. 1 hese situations include oppominiiics to piaciicc ways to demonstrate rc.specl us well as to ask for ii/rcqucst chances in behavior when something happens that concerns us. Again, our intention i.s to focu> on building relation.ships between individuals with regard for their individual nccds/differencrs rather than define diversity as race or gender. There i.s no shiime or guilt discussion - just a focus on building re.spcctful. inclusive work place environments. Our goal is to ha\e everyone experience how behaving in more open, respectful ways will cnnance their own experiences in the woikplace Each session should have no more than 20-25 persons, so we would be scheduling ^ sessions for regular employees and 2-3 for tirefighiers or a maximum total ot b sessions per each of the 3 topic areas ( 24 sessions in total). Most of the deslgn/developmeni of these sessions already done, so there is minimal need for pieparation/design lime in the amliuU The cost for each session is $700.tH) and gei.emlly includes two trainers. There jrc .som.; matciriU fees for each session as well. You can budget SS.50 per peison pei session and we can fit the materials costs into that budget. 02/24/2000 13:12 6127285936 BAPB*;PA RAVE PA«5e 02 I assume that photocopies can be made by the cities, and that all location-related costs will paid for by the cities as well. Trainers will absorb their own transportation costs to/from each training session. ITl include an evaluation form and a summary at the CP o each senes of trainings. 1 can also .summarise any evaluation instruments you want used if you want me to do .so. I hope this is enough information for your discussion on Friday. I look forward to the opportunity to work with you and to support your collaborative effort.s. SinccrelW Vr Barbara Phone; 6W-724-9575 Fax:611-728-5936 Email. braye(§>cf fcctive.org S; k , . InarT i“nriii ■ i i i i— - ^ i noe iiBitflfcfi fPi i t f 1 .. t cot INCIU MEETING may 0 6 2000REQUEST FOR COUNCIL ACTION CITY Ur* UHO/YU DATE: May 5,2000 ITEM NO: / ^ Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Declaration of Reimbursement Intent for Sewer Projects - Resolution The City is planning to construct three sanitary sewer improvement projects during 2000. The maximum total cost of these projects is $1,100,000. The City may finance a portion of the initial expenditures on these projects internally, but expects to issue bonds to finance the projects and to reimburse any City expenditures for the projects. The attached resolution is required for the purpose of complying with treasury regulations to permit the reimbursement of expenditures for projects with the proceeds of tax exempt bonds. COUNCIL ..CTION REQUESTED: Motion to adopt the attached resolution declaring reimbursement intent for sewer projects. . .-ui- If I imiriniiii A RESOLUTION DECLARING REIMBURSEMENT INTENT FOR SEWER PROJECTS BE IT RESOLVED by the City Council of City of Orono, Minnesota as follows: The City is in the process of implementing three sanitary sewer improvement projects under Minnesota Statutes, Chapter 429, referred to as Webber Hills, East Long Lake and Fox Ridge (the “Projects”) which will require financing. The City reasonably expects to issue bonds in the maximum amount of $1,100,000 to fmance the Projects and to reimburse any expenditures for the Projects with the proceeds of the bonds. This resolution is adopted for the purpose of complying with the requirements of Treasury Regulation 1.150-2 to pemiit the reimbursement of expenditures for the Projects with the proceeds of tax exempt bonds. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting hold this 8th day of May, 2000. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk Page 1 of 1 i 1 REQUEST FOR COUNCIL ACTION COUNCIL MEETING MAY 0 6 2000 cn y DATE: May 5.2000 ITEM NO: Department Approval: Name Tom Kuehn Title Finance Director Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: 1999 General and Special Revenue Funds Budget Amendments and Temporary Transfer from the Sewer Operating Fund to the 1997 Sewer Construction Fund. General Fund Budget Amendments The total General Fund revenues for 1999 are $4,164,285, compared to the total expenditures of $3,906,079. Total revenues e.xceeded total expenditures by $258,206. 1. General Fund Revenues The year-end revenue for the General Fund is $4,164,285, compared to the budget of $3,803,080, a favorable variance of $363,205. There are several revenue sources which exceed the budget by significant amounts, and should be adjusted to match the expenditure areas that generate or use those revenues. The revenue budget amendments total $155,000, and affect the revenue sources as shown below. After the amendments the General Fund revenue budget will be $3,958,080, and the actual revenue will exceed the amended budget by $206,205. (Please note that only the revenue items with budget amendments are listed, and those items only add up to the total indicated at the bottom of the "Amendment" column). Revenue Source Original Amendment Final Amended Budget Building Permits $ 189,000 $ 50,000 $ 239,000 Plan Check/Site Exam Fees 100,000 30,000 130,000 Conditional Use/Subd Fees 35,000 10,000 45,000 Contracted Inspection Serv 20,000 15,000 35,000 Police Special Services 27,000 20,000 47,000 lntere*'» on Investm jnts 70.000 30.000 100.000 Total General Fund $ 3.803.080 $ 155.000 $ 3.958.080 2. General Fund Expenditures The General Fund operating expenditures at year end are $3,906,079, compared to the budget of $3,952,260, or $46,181 under budget. The adopted budget of $3,850,340 was increased by Council approved amendments totaling $101 920. Although the total expenditures are less than the total budget, there are several d*"r i. tments which require amendments to their expenditure budgets. 4 ■ ■irt.kv-irvrtn*JX la rMb ii III The following is a listing of those departments which require budget amendments due to expenditures exceeding budgeted amounts, and those departments with expenditures significantly below budgeted amounts. OcDcirt merit Approved Budget Amendment Final Amended Budget Mayor and Council S 53,560 S 570 S 54,130 Assessing 90,000 12,180 102,180 Legal 85,450 9,150 94.600 Central Services 182,500 10.540 202,040 Fire Protection 256,950 3,740 260,690 Building and Zoning 410.250 (37,090)373,160 Animal Control 43,340 1,590 44,930 Public Works 515,730 (25,000)490,730 Engineering 14,860 730 15,590 Special Services 48,510 30,590 79,100 Contingency 87.330 n 6.000) 71.330 Total S 3.952.260 1o•$ 3.952.260 A brief explanation of the significant overages follows: Assessing The amendment is to fund increased costs for contracted assessing services. Legal The amendment is necessary to fund the cost of two matters in litigation during the year, totaling $24,950. Central Services The amendment is to fund higher than anticipated costs particularly in the area of buildings and grounds maintenance, and to fund the final year of the LOGIS permit tracking system expense. Fire Protection The amendment is to fund higher than anticipated contract costs for fire protection ser\'ices. Animal Control The amendment is to fund higher than anticipated personal services costs. .Special Ser\ iccs The Special Ser\ ices account expenditures exceeded the budgeted amount due to higher than anticipated activity for police special duty assignments and higher than anticipated legal and engineering costs related to development activity. 1 hese increased costs arc offset by increases in related revenues. II' S pecial Revenue Funds Budget Amendments The Special Revef^.ie Funds consist of the Park Fund, the Improvement and Equipment Outlay Fund, the •uiw.iing Outlay Fund, and the Drug/Felony Forfeiture Fund. During 1999, as expenditures for the Special Revenue Funds were presented to Council, it was standard practice to include a request for a formal budget adjustment. There are two exceptions where the expenditure items were approved by the Council but were not formally reflected in amendments to the budget. The City's auditor recommends formal budget amendments for these items be approved by the City Council. There is an amendment necessary to the revenue budget of the Drug/Felony Forfeiture Fund. The Drug/Felony Forfeiture typically has no revenue or expenditures budgeted as the amount of either is subject to wide fluctuation. I he revenues from the sale of forfeited property totaled $ 12,960, which is the revenue budget amendment. The following are the amendments to the expenditure budgets of the Special Revenue Funds: Special Revenue Funds Park Fund: Improvement and Equipment Outlay Fund: Orono's share of Long Lake Fire Department pick up truck equipment Govern Land Use Management Software Budget Carry forward to 2000 Assessor’s Office equipment and furniture Total Improvement and Equipment Outlay Fund Building Outlay Fund: Drug/Felony Forfeiture Fund: Revenue Budtiet Drug Forfeitures Court Fines - Controlled Substances Total Revenues Expenditure Budget Miscellaneous Charges erry. OL Budget Amendment No amendments required S 15,395 (a) (37,000) (b) 6.400 fc1 $ (15.205) No amendments required $ 12,960 -0- S 12,960 S 4.460 (d) Notes: In April, 1999 Council approved a budget amendment for certain equipment as requested by Long Lake. The amendment currently required is for equipment purchased in 1999 for the pick up truck covered in the 1998 budget. The 1998 budget was adjusted only for the truck and did not include an amount for the equipment. In October, 1999 Council approved a budget amendment in the amount of $51,080 for the purchase of the Govern Land Management System. The actual expenditures during 1999 were $13,850, with the major portion of the costs incurred in 2000; therefore, $37,000 should be carried over to the 2000 budget. (c) As part of the agreement with Hennepin County for assessing services, the City is to provide office space and certain equipment, which was not included in the adopted budget. The amendments are required because revenues and expenditures are not budgeted during the normal budget process. The fund is subject to uneven revenue and expenditures from year to year. The expenditures for 1999 were for costs incurred prior to sale of confiscated property. Temnoran' Transfer from the Sewer Operating Fund to the 1997 Sewer Construction Fund The 1997 Sewer Construction Fund currently has a deficit of $61,750 which requires temporary funding. It is recommended that the Sewer Operating Fund provide a temporary transfer. COUNCIL ACTION REQUESTED: Approval of the 1999 budget amendments for the General and Special Revenue Funds as presented; to be effective December 31, 1999; and that $37,000 of the Improvement and Fquipmenl Capital Outlay Fund budget amended on 10/25/99, for the land management system project, be transferred to the 2000 Improvement and Equipment Outlay Budget.; and that the Sewer Operating Fund temporarily transfer $62,000 to the 1997 Sewer Construction Fund. rni imcil MEETINS MAY 0 8 2000 REQUEST FOR COUNCIL ACTION ^ OHONO DATE: May 5,2000 SllITEM NO: Department Approval: Name Lin Vec Title City Clerk Administrator Reviewed: Item Description: List of Licenses for Council Approval Agenda Section: Licenses HOME OCCUPATION LICENSE 1.Design & Layout Services (Floor Plan Design of CofTee Shops) Tom Palm 1685 Concordia Street Wayzata, MN 55391 ON SALE TEMPORARY LIQUOR LICENSE 1.Minnetonka Center for the Arts 2240 North Shore Drive Wayzata, MN 55391 One Day Event to be Held on May 17,2000 COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses. - • ----- CITY OF ORONO W 6122494616 02/23/00 11:07 g :02/03 NO:351 APPLICATION FOR ANNUAL HOME OCCUPATION LICENSE CITY OF ORONO 2750 KELLEY PARKWAY, P.O. BOX 66 CRYSTAL BAY, MN 55323 ■ I . *./i .V, NAME:_________________ PHONE; Hnt-^yn ADDRESS:__/6?^c:oiOfiOgO>iq SrygggT: i4j/»V2>PT>lt7 ) BUSINESS NAME; ”*PgS/rfAJ k layout ^ TYPE OP BUSINESS TO BE OPERATED: ^ Number of Emplojrees Within Operation: | (Provide names of employeei on beck of eppllcetion) Check One: S50.Q0 j\qattl Review Pee $3aoa , Licenis rey ^ revoked if eny violation occurs. City laiff ahall have five (5) busincea dayi In which to Inveitlgate and make a reconanendeiloa pursuant to Orono Municipal Coda Section 5.02 A 5.03. If a aite loapecUon ii rwjulred by City staff, the revltw time will be extended to ten (10) business days. The license application ^tb staff racoiranaudatlon will be scheduled before the Council at the next regularly scheduled meeting held on the eecood and fourth Monday of etch iconih. ORONO MUNICIPAL CODE REGULATIONS ON HOME OCCUPATIONS PURSUANT TO SECTION 10.20, SUBDIVISION 4 (C) Prohibited Home Occupation Practices 1. It Is unlawftU for any business operstbg u a home occupation to engage In orerailon without proper lIcenMs. 2. AH persons engaged In the business muat reside in the dwelling. 3. No commercial signs permitted other than signs permitted In the residential rone 4. No exceuive stock in trade may be stored on the premises. 5. Over the counter recii! sales Is not allowed. 6. Entrance to the home occupation must be gained from within the structure. The undersigned hereby agrees to the conditions quoted above from the Oreno Municipal Cede ir.d any additional eoodltloos the City may require. Signetureof Applicant;'Dete HTY USE ONLY: After review of application, staff Commends the following -Y.w._L^-g Approval of sppllcatten Denial of tpplicatioc Sitnanire of Zodna Offida].- ^^__________ Slgnamre of Building Ornc\%l ' Date: T-^I'CTD Date: A piell^nPsaM %m,\m CITY OF ORONO 9^122494616 02/23/00 11:07 0 :03/03 N0:3>1 USTINO OP EMPLOYEES NAME BRKajt rr\)iu.E,^ ADDRESS. A,p CITY & ZIP; t DATE OF BIRTH:____ NAME: oujajSA^ ADDRESS: ^ OTYAZIP: f DATE OP BIRTH. NAME: ADDRESS: aTY & ZIP: DATE OF BIRTH; NAME: AD1K(ESS CTTYAZIP DATE OF BIRTH; NAME; ADDRESS: CITY A ZIP; DATE OF BIRTH NAME ADDRESS:, CmfftZIP; DATE OF BIRTH NAME ADDRESS; CITY & ZIP: DATE OF BlimT NAME: ADDRESS; CrXYAZlP; DATE OP BIRTH: TO; FROM; Mayor Jabbour and Orono City Council Members Lyle Oman, Building Official fO- DATE;May 4,2000 SUBJECT; Home Occupation Licence On 2-24-00 Tom Palm submitted a home occupation licence application to operate a Coffee Shop Planning Business from the second floor of an attached garage recently constructed on his property. Until the construction of the garage the business was in the house. When the garage was completed I became aware of his intended use of the second story and informed him of the City ’s home occupation license requirements. The business is Mr. Palm and an employee (that does not reside on the property) designing coffee shops. The work is done on computers and the Internet. There are no customers coming to the site, no stock that is stored on the site, and no over the counter sales. The neighbors are aware of the use and do not object. Therefore I recommend approval of the home occupation license. H S^ <r*,ijis;xv Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar St-Suite 133 St. Paul. MN 55101-5133 (651 )296-6439 TDD (651 )282-6555 APPLICATION AND PERMIT FOR A TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFOR.MATION N.AME OF ORGA.NIZATION V/Tif ArH> STREET ADDRESS _ Z'2-'^0 A/hr\^ Shore. D.ATE ORGANIZED STATE , T.A.X EXEMPT NUMBER ZIP CODE NAME OF PERSON .MAKING APPLICATION /C^s£.(Xr>nr^ A A4^0oh<Tt^_____ BUSINESS PHONE iy.52^4^7G-736/ HOME PHO.NE (^2)9^/-3B^ DATES LIQUOR WILL BE SOLD/7 , zooo TYPE OF ORGANIZ.ATION “CLUB ^CHARITABLE “RELIGIOUS ZOTHER NONPROFIT ORGANIZATION OFFICER S NA.ME ADDRESS 9pjQi /ca/s-^/^ /V-t. ORGANIZATION OFFICER S NAME ADDRESS ^ . ^oac/s> ORCANIZ-ATION OFFICER'S N.A.ME /^Sun CooC.______ADDRESS _ •eSo cue^-r Location where license will ^ used. If an outdoor area. de>'ribe . . - Will the applicant contract for intoxicating liquor scrx ices.’ If so. give the name and address of the liqucr licensee providing the serv ice ________________________________________________________]____________^_______ Will the applicant carry liquor liability insurance? If so. the camp's name and amount of cov^age. (NOTE: Insurance is not mandator) ) J^L/Lr Oq ,y- APPROVAL AITLIC.ATION Ml SI BE AFfKON EU BV CH Y OK COIMA BEFORE St BMITTENG TO Vl.COHOI. 4 GAMBt INC ENFORCEMENT CITY/COUNTY__________________________________D.ATE APPROVED________________________________ CITY FEE A.MOUNT ^ ^ ^________ LICENSE D.ATES__________________________ DATE FEE PAID SIGSATCRE CITY CLERK OR COUNTY OFFICIAL APPROV ED .Alcohol it Gamblir.;: Er.torcerr.efii Director Note: Do not separate these two parts, send both parts to the address above and the original signed bv this divLsion uill he returned as the license. Submit to the cits or Countv at least 3t) davs before the event. PS.09079 ( 6/98) Date: To: From: Re: May 5,2000 Lin Vee, City Clerk Gary Chesvvick, Chief of Police Temporal)’ On-Sale Liquor License I have reviewed the application submitted by Roxanne Heaton on behalf of the Minnetonka Center for the Arts. The event is planned for May 17,2000. In researching past events, no problems or concerns have been reported. I have no objection to the issuance of this license. MEETING MAY 0 6 2000 REQUEST FOR COUNCIL ACTION DATE: May 5,2000 ITEM NO: Department Approval: Name Lyle Oman Title building Official Administrator Reviewed: 7; Agenda Section: Licenses Item Description: Proposed Home Occupation for 740 Orchard Park Road On April 27, 2000, Steve Mecco applied for a home occupation licence to operate a tree service business from a property at 740 Orchard Park Road that he is considering buying. This property is located on the comer of Orchard Park Road and Sixth Avenue North. The property is fairly secluded from the neighbors, and the business may not adversely affect them. However, I feel it would be a bad precedent to allow this use on a residential property. Over the years I have dealt with a number of these types of operations that have sprung up on residential property. The complaints that we receive are about noise from trucks coming and going, idling in cold weather, maintenance, tuning and running of equipment, employees coming and going, and equipment stored outside. Mr. Mecco stated he would build a pole bam to house the equipment, it would be very unfortunate if he were allowed to build a building to operate the business, then be told later he could not operate from the property due to complaints. Therefore I recommend denial of the home occupation licence. COUNCIL ACTION REQUESTED: Motion to deny the proposed home occupation license for 740 Orchard Park Road. \PPLICATION FOR ANNUAL HOME OCCUPATION LICENSE CITY OF ORONO 2750 KELLEY PARKWAY, P.O. BOX 66 CRYSTAL BAY, MN 55323 V NAME; --^Tc-Vcitv ADDRESS; street __________________ PHONE: C-1 ^7L U'V - /-.v W ir. f ________•yT?Tfo city/statc zip BUSINESS NAME;c . rr TYPE OF BUSINESS TO BE OPERATED; Number of Employees Within Operation;_J^ (Provide names of employees on back of application) Check One; Initial Review Fee $50.00 Annual Review Fee $30.00------- License may be revoked if any violation occurs. City staff shall have five^) business days in which to investigate and make a recommendation pursuant to Orono Municipal Code ocction 5.02 & 5.03. If a site inspection is required by City staff, the review time will be extend ’ to ten (10) business days. The Iimmc application with staff recommendation will be scheduled before the Council at the next regularly scheduled meeting held on the second and fourth Monday of each month. ORONO MUNICIPAL CODE REGULATIONS ON HOME OCCUPATIONS PURSUANT TO SECTION 10.20, SUBDIVISION 4 (C) Prohibited Home Occupation Practices . 1. It is unlawful for any business operating as a home occupation to engage m operation without proper licenses. 2. All persons engaged in the business must reside in the dwelling. 3. No commercial signs permitted other than signs permitted in the residential zone. 4. No excessive stock in trade may be stored on the premises. 5. Over the counter retail sales is not allowed. 6. Entrance to the home occupation must be gained from within the structure. The undersigned hereby agrees to the conditions quoted above from the Orono Municipal Code and any additional conditions the City may require. DateSignature of Applicant;__ FOR CITY USE ONLY: After review of application, staff recommends the followmg; Approval of application r ^ Denial of application Signature of Zoning Official: /t---------- Signature of — . S.‘t-<rODate:________ Date: w- Application Date:Date License Approved:Date License Expired; LISTING OF EMPLOYEES: NAME: ADDRESS: CITY & ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY&ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY & ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY&ZIP: DATE OF BERTH: NAME: ADDRESS: CITY & ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY&ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY & ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY&ZIP: DATE OF BIRTH: C'.-Vy c=-^ Qrcno, m uJoc<.y 4o 'iv-*-ct P r o PM-K/ IcCcAtLdf a~(' ~7^0WorlC C'-ci' Ccc^'^CLCc^ Pa.r <. ZE <a ~1*/^€€. CcdV^cl -Treeccre. H c/oc- -f rv \<^y ZTp-^ V- I I -Vr-d^ P erA'» I i'li <jC c*.4v c<-\ Q.r^ o^e.y'. *3 ff\^rr\.cfC{J --V^Arv^ , ZI- ^0 ^vo^.^/c ly-ed^. f bu.s". rji^' loorfc \ ‘ ^ 4'i^e U'e/iXo-/5\4i£, zi 4he U'e/ixo-/ y<) PCj a .'p i/-« o. po/d 3 heel ^ y\\\s^l\ Z1 rM-e^v d W;\cP qXW pc^>S<-S\o'v^x o^ wort4 (?c3u*^vviGv,v.\ol t^;3 iK Dne'd C(X^ o*P sn-^- 20- 5 May 2000 Fri 10:15 AM Check Number Check Number 61302 61302 Date 61302 A.T.O.M. 03-May-00 03-May-00 Name A.T.O.M A.T.O.M, Check Register City of Orono Trai^action Amount 400.00 375.00 Totals Check Number 61302 A.T.O.M 775.00 Coronents '"""'''^TOe ETINQ MAY 0 8 2000 IY Uh OHO/VO FTO BASIC CERT - FARNIOK FTO BASIC CERT-DEMBOUSKI Check Number 61303 AIRTOUCH CELLULAR/BELLEVUE 61303 61303 61303 61303 03-May-00 03-May-00 03-May-00 03-May-00 Totals Check Number AIRTOUCH CELLUIAR/BELLEVUE AIRTOUCH CELLLTAR/BELLEVUE AIRTOUCH CELLUIAR/BELLEVUE AIRTOUCH CELLUIAR/BELLEVUE 61303 AIRTOUCH CELLUIAR/BELLEVUE 155.08 14.68 14.68 334.22 518.66 CELL PHONES UTILITY CELL PHONE UTILITY CELL PHONE POLICE CELL PHONES Check Number 61304 61304 ALBERS JEWELRY 05-May-00 Totals Chack Number ALBERS JEWELRY 61304 ALBERS JEWELRY 18.00 10.00 REPAIR/POLISH BADGE Check Number 61305 61305 AT & T - 03-May-00 AT 6 T - Totals Check Number 61305 AT & T - 12.84 12.84 LD k FEDERAL CHGS Check Number 61306 AT&T WIRELESS SERVICES 61306 61306 61306 61306 03-May-OO 03-May-00 03-May-00 03-May-00 Totals Check Number AT6T WIRELESS SERVICES AT4T WIRELESS SERVICES ATfcT WIRELESS SERVICES AT6T WIRELESS SERVICES 61306 AT&T WIRELESS SERVICES 79.58 5.76 5.76 12.88 103.98 CELL PHONE SERVICE CELL PHONE SERVICE CELL PHONE SERVICE CELL PHONE- PENCE Check Number 61307 61307 BEACK, SCOTT 03-May-00 Totals Check Number BEACK, SCOTT 61307 BEACK. SCOTT 210.00 210.00 50 DOZEN BALLS Check fJumber 61308 BIFFS INC. 61308 61308 04-May-00 04-May-00 BIFFS INC BIFFS INC 82.81 138.01 PORTABLE - GC PORTABLE - BIDERWOOD Totals Check Number 61308 BIFFS INC 220.82 S May 2000 Fri 10:15 AM Check Number Check Number 61309 61309 Check Register City of Orono Page 2 Date Name 61309 BUDGET PRINTING 03-May-00 BUDGET PRINTING 03-May-00 BUDGET PRINTING Totals Check Number 61309 BUDGET PRINTING Check Number 61310 BUDIG, STACIE 61310 03-May-00 BUDIG. STACIE Totals Check Number 61310 BUDIG. STACIE Check Number 61311 CATCO PARTS & SERVICE 61311 04-May-00 CATCO PARTS 6 SERVICE Totals Check Number 61311 CATCO PARTS k SERVICE Check Number 61312 CHESWICK. GARY TotSi.# Check Number 61314 CITYVIEW PLUMBING & HEATING Check Number 61315 COFFEE MILL 61315 04-May-00 COFFEE MILL Totals Check Number 61315 COFFEE MILL Check Number 61316 CYS UlilFORMS ■ansaction Amount 5.58 2.19 Comments SHIPPING CHARGES PAPER S.77 37.49 37.49 WORK PANTS 152.C2 152.02 REBUILD GRADER BRAKES 61312 03-May-00 CHESWICK. GARY 13.22 MEALS - CHIEFS CONF Totals Check Number 61312 CHESWICK. GARY 13.22 Check Number 61313 CHUNKS LAKESHORE AUTO 61313 04-May-00 CHUNKS LAKESHORE AUTO 73.80 MOUNT TIRES,, SHOCK #162 61313 04-May-00 CHUNKS LAKESHORE AUTO 34.06 OIL CHANGE.LUBE #185 61313 04-May-00 CHUNKS LAKESHORE AUTO 66.31 OIL CHANGE.CHG TIRES 178 61313 04-May-00 CHUNKS LAKESHORE AUTO 2C6.97 OIL CHANGE.BRAKES #183 61313 04-May-00 CHUNKS LAKESHORE AUTO 46.68 OIL CHANGE.LUBE #187 61313 04-May-00 CHUNKS LAKESHORE AUTO 65.50 REPLACE SPKR BOX #187 61313 04-May-00 CHUNKS LAKESHORE AUTO 17r.so BATTERY #182 Totals Check Number 61313 CHUNKS LAKEiSHORE AUTO 672.62 Check Number 61314 CITYVIEW PLUMBING k HEATING 61314 04-May-00 CITYVIEW PLUMBING k HEATING 1C3.91 REPAIRS WOMENS RM -PD 1C3.91 172.00 172.00 COFFEE. CREAM. SUGAR 5 May 2000 Fri 10:15 AM Check Humber Check Number 61316 61316 Check Register City of Orono Page 3 Jate Name 61316 CYS UNIFORMS 04-May-00 CYS UNIFORMS 04-May-00 CYS UNIFORMS Totals Check Number 61316 CYS UNIFORMS Check Number 61317 DAHLGREN SHARDLOW & UBAN 61317 05-May-00 DAHLGREN SHARDLOW & UBAN Totals Check Number 61317 DAHLGREN SHARDLOW & UBAN Check Number 61318 DCA - WIRE ONLY 61318 05-May-00 DCA - WIRE ONLY Totals Check Numocr 61318 DCA - WIRE ONLY Check Number 61319 DEPT OP ADM - INTERTECH GROUP 61319 03-May-00 DEPT OF ADM - INTERTECH GROUP Totals Check Number 61319 DEPT OF ADM - INTERTECH GROUP Check Number 61320 EARL F. ANDERSON 6 ASSOC. 61320 04-May-00 EARL F. ANDERSON & ASSOC. Totals Check Number 61320 EARL F. ANDERSON & ASSOC. Oieck Number 61321 EAST SIDE BEVERAGE 61321 03-Kay-00 EAST SIDE BEVERAGE Totals Check Number 61321 EAST SIDE BEVERAGE Check Number 61322 ENGINEERING REPRO SYSTEMS Transaction Amount 146.88 67.65 214.53 487.35 497.35 806.41 806.41 205.65 205.65 114.06 114.06 125.00 125.00 Comments SHIRTS, PANTS - TOMCHECK SWEATER - CORNICK GIS MAPPING FOR COMP PLAN FLEX SPENDING-END 4/30/00 PHONE SERVICE SIGN BRACKETS BEER FOR RESALE 6132^04-May-00 ENGINEERING REPRO SYSTEMS 479.25 FLAT FILE - AS i 61322 04-May-00 ENGINEERING REPRO SYSTEMS 372.75 FLAT FILE - AS 1 61322 04-May-00 ENGINEERING REPRO SYSTEMS 9.71 AS BUILT COPIES 61322 04-May-00 ENGiriEERING REPRO SYSTEMS 84.35 AS BUILT COPIES 61322 04-May-00 ENGINEERING REPRO SYSTEMS 17.09 AS BUILT COPIES 61322 04-May-00 ENGINEERING REPRO SYSTEMS 210.87 AS BUILT COPIES 61322 04-May-00 ENGINEERING REPRO SYSTEMS 125.24 AS BUILT COPIES Totals Check Number 61322 ENGINEERING REPRO SYSTEMS 1,300.06 Check Number 61324 G 6 K SERVICES 5 May 2000 Check Register Ps Fri 10:15 AM City of Orono Check Transaction Number Date Name Amount Comments Check Number 61324 G &K SERVICES 61324 03-May-00 G & K SERVICES 57.20 MAT SERVICE - PD 61324 03-May-00 G k K SERVICES 9.67 UNIFORM - STEFFENHAGEN 61324 03-May-00 G k K SERVICES 15.28 UNIFORM - RATHBUN 61324 03-May-00 G k K SERVICES 72.04 UNIFORMS 61324 04-May-00 G k K SERVICES 15.28 UNIFORM RATHBUN 61324 04-May-00 G k K SERVICES 74.86 UNIFORMS 61324 04-May-OO G & K SERVICES 35.25 TOWEL SERVICE 61324 04-May-00 C k K SERVI' ‘•:s 9.67 UNIFORM - STEFFENHAGEN 61324 04-May-00 G fc K SERV-uDS 9.67 UNIFORM - <^TEFFENHAGEN 61324 04-May-00 G k K SERVICES 89.00 MAT SERVICE - PW 61324 04-May-00 G k K SERVICES 15.28 UNIFORM - RATHBUN 61324 04-May-OO G i K SERVICES 72.04 UNIFORMS 61324 04-May-00 G k K SERVICES 44.02 MAT SERVICE - ADM 61324 04-May-OO G k K SE.RVICES 44.02 MAT SERVICE - CC Totals Check Number 61324 G fit K SERVICES 563.28 Check Kuniber 61325 GLASS DOCTOR 61325 04-May-00 GLASS DOCTOR Totals Check Number 61325 GLASS DOCTOR Check Number 61326 HAMEL BUILDING CENTER 61326 04-May-00 HAMEL BUILDING CENTER Totals Check Number 61326 HAMEL BUILDING CENTER Check Number 61327 HDR ENGINEERING, INC 61327 61327 03-May-00 03-May-00 KDR ENGINEERING. INC HDR ENGINEERING. INC Totals Check Number 61327 KDR ENGINEERING. INC Check Number 61328 HEAD, DOIX3LAS 61328 05-May-00 HEAD. DOUGLAS Totals Check Number 61328 HEAD, DOUGLAS Check Num±>er 6132^ HENNEPIN COUNTY SHERIFF 61329 61329 03-May-OO 03-May-00 ke:.7;epin county sheriff HEICiEPIN COUNTY SHERIFF Totals Check Number 61329 HENTiEPIN COUNTY SHERIFF 379.85 379.85 145.63 145.63 1.800.00 5.000.00 6.800.00 5.000.00 5,000.00 Page 4 117.12 69.61 186.73 WINSHIELD - SQD 183 DOCK LUMBER KWY 12 NOISE k VIB STUDY KWY 12 NOISE k VIB STUDY GRINDER PUMP HEAD SNR BOOKING FEES 2/2000 MIC REPAIR 5 May 20C0 Fri 10:15 AM Check Register City of Orono Check Number Date Name Check NurJcer €1330 61330 HENNEPIN COUNTY TREASURER 04-May-00 HENNEPIN COUNTY TREASURER Totals Check Number 61330 HENNEPIN COUNTY TREASURER Check Number 61331 HENNEPIN COUNTY TREASURER-GEN 61331 03-May-00 HENNEPIN COUNTY TREASURER-GEN Totals Check Number 61331 HENNEPIN COU^^^Y TREASURER-GEN Check Number 61332 HINZE BUSINESS MACHINES 61332 03-May-00 HINZE BUSINESS MACHINES Totals Check Number 61332 HINZE BUSINESS MACHINES Check Number 61333 JON WRIGHT 61333 03-May-OO JON WRIGHT Totals Check Number 61333 JON WRIGHT Check Number 61334 KD & COMPANY 61334 04-May-00 KD & COMPANY Totals Check Number 61334 KD & COMPANY Oieck Number 61335 LARSON PUBLICATIONS 61335 05-May-00 LARSON PUBLICATIONS Totals Check Number 61335 LARSON PUBLICATIONS Check Number 61336 LEAGUE OP KN CITIES 61336 61336 05-May-00 05-May-00 LEAGUE OP KN CITIES LEAGUE OF KN CITIES Totals Check Number 61336 LEAGUE OF MN CITIES Check Number 61337 LMCIT-BERKLEY ADMIN 61337 05-May-00 LMCIT-BERKLEY ADMIN Totals Check Number 61337 LMCIT-BERKLEY ADMIN Check Number 61338 MACQUEEN EQUIPMENT Transaction Amount 50.00 50.00 648.22 648.22 83.07 83.07 125.00 125.00 40.00 40.00 220.00 220.00 20.00 40.00 60.00 21.546.25 21.546.25 Page 5 CoTTOTenta PERMIT - MAIN BREAK ROOM 6 BOARD - MARCH HEADPHONES FRAME FOR PRINT DUMP CONCRETE ADV - OSSEO/MG PRESS LOSS CONTROL WORKSHOP LOSS CONTROL WORKSHOP COMP MUNIC COV PYMNT §2 S May 2000 Fri 10:15 AM Check Number Check Number 61338 Check Register City of Orono Page 6 Date Name 61338 MACQUEEN EQUIPMENT 04-May-00 MACQUEEN EQUIPMErrr Totals Check Number 61342 MILLERSVILLE UNIVERSITY Check Number 61343 MINN COMM 61343 03-May-00 MINN COMM Totals Check Number 61343 MINN COMM Check Number 61344 MINNCCW4 61344 05-May-00 MINNCCMM Totals Check Number 61344 MINNCCMM Transaction Amount 78.65 Comments SPROCKETS. CHAIN Totals Check Number 61338 MACQUEEN EQUIPMENT 78.65 Check Number 61339 MCLEODUSA INC 61339 03-M.ay-OO MCLEODUSA INC 170.00 SERVICE CALL - PHONE EXT 61339 05-May-00 MCLEODUSA INC 182.00 BAL - DIRECTORY ADV Totals Check Number 61339 MCLEODUSA INC 352.00 Check Number 61340 MCNICHOLS., DAVID 61340 03-May-00 ManCHOLS. DAVID 19.07 MEALS VERBAL JUDO TRNING Totals Check Number 61340 MCNICHOLS, DAVID 19.07 Check Number 61341 MEDICA CHOICE 61341 03-May-00 MEDICA CHOICE 202.23 MEDICA HIGH - 5/00 61341 03-May-00 MEDICA CHOICE 202.22 MEDICA HIGH - 5/00 61341 03-May-00 MEDICA CHOICE 1.444.56 MEDICA HIGH - 5/00 61341 03-May-00 MEDICA CHOICE 606.69 MEDICA HIGH - 5/00 61341 03-May-00 MEDICA CHOICE 606.66 MEDICA HIGH - 5/00 61341 03-May-OO MEDICA CHOICE 202.23 MEDICA HIGH - 5/00 61341 03-May-OO MEDICA CHOICE 503.61 MEDICA HIGH - 5/00 61341 03-May-00 MEDICA CHOICE 3.890.84 r^DICA HIGH - 5/00 Totals Check Number 61341 MEDICA CHOICE 7.659.04 Check Number 61342 MILLERSVILLE UNIVERSITY 61342 03-May-OO MILLERSVILLE UNIVERS Irf 295.00 PROP k EVID RM TECH-MCMAL 295.00 4.34 4.34 TAXES - PAGERS 22.896.90 22.896.90 RFP SI HEAD SAN SWR S May 2000 Check Register Page 7 Frl 10:15 AM City of Orono Check Transaction Number Date Name Amount Comments Check Number 61345 MINNEAPOLIS OXYGEN COMPANY 61345 04-May-00 MINNEAPOLIS OXYGEN COMPAN'/13.50 MEDICAL OXYGEN 61345 04-May-00 MINNEAPOLIS OXYGEN COMPAJIY 31.50 MEDICAL OXYGEN. ACETYLENE Totals Check Number 61345 MINNEAPOLIS OXYGEN COMPANY 45.00 Check Number 61346 MINNEGASCO 61346 03-May-00 MINNEGASCO 556.60 GAS SERVICE 61346 03-May-00 MINNEGASCO 15.62 GAS SERVICE 61346 03-May-00 MINNEGASCO 335.31 GAS SERVICE 61346 03-May-00 MINNEGASCO 409.84 GAS SERVICE 61346 03-May-00 MINNEGASCO 450.07 GAS SERVICE Totals Check Number 61346 MINNEGASCO 1.767.52 Check Number 61347 MOBILE RADIO ENGINEERING INC. 61347 04-May-00 MOBILE RADIO E.NGINEERING INC.44.73 EXTERNAL SPEAKER 0431 61347 04-May-OO MOBILE RADIO ENGINEERING INC.492.54 REP RADIO 0422 61347 04-May-00 MOBILE RADIO ENGINEERING INC.166.64 REPLACE ANTENNA - SWEEPER Totals Check Number 61347 MOBILE RADIO ENGINEERING INC.703.91 Check Number 61348 NCPERS GROUP LIFE INS 61340 03-May-00 NCPERS GROUP LIFE INS 144.00 r4AY 2000 PERA LIFE Totals Check Number 61340 KCPERS GROUP LIFE INS 144.00 Check Number £1349 OFFICE DEPOT 61349 05-May-00 OFFICE DEPOT 61349 OS-May-00 OFFICE DEPOT 61349 05-May-00 OFFICE DEPOT 61349 05-May-00 OFFICE DEPOT 61349 05-May-OO OFFICE DEPOT 61349 05-May-00 OFFICE DEPOT 61349 05-May-00 OFFICE DEPOT 61349 05-May-OO OFFICE DEPOT Totals Check Number 61349 OFFICE DEPOT Check Number 61350 OFFICE ENVIRONMENT BROKERS OFFICE ENVIRONMErn* BROKERS61350 04-May-00 Totals Check Number 61350 OFFICE ENVIRCN’MENT BROKERS 219.42 OFFICE SUPPLIES 179.51 OFFICE SUPPLIES 92.44 CHAIR 09.05 CHAIR - MAP ROOM 89.86 CHAIR - MAP ROOM -46.02 RETURN - PENS -56.25 RETURN - PENS 380.64 CHAIRS - ASSESSORS 949.65 687.38 687.30 LATERAL k VERTICAL 5 May 2000 Fri 10:15 AM Check Number Check Number 61351 61351 Check Register City of Orono Page 8 Date Name 61351 OMAN, LYLE 03-May-00 OMAN. LYLE 03-May-00 OMAN, LYLE Totals Check Number 61351 OMAN. LYLE Check Number 61352 ORONO SPARTANS BASEBALL BOOST 61352 05-May-00 ORONO SPARTANS BASEBALL BOOST Totals Check Number 61352 ORONO SPARTANS BASEBALL BOOST Check Number 61353 PIOtiEER 61353 61353 03-May-00 05-May-00 PIONEER PIONEER Totals Check Number 61353 PIONEER Check Number 61354 POST BOARD 61354 04-May-00 POST BOARD Totals Check Number 61354 POST BOARD Check Number 61355 PRECISION GLASS & MIRROR. INC 61355 03-Kay-00 PRECISION GLASS i MIRROR. INC Totals Check Number 61355 PRECISION GLASS & MIRROR. INC Check Number 61356 PRECISION TURF 61356 05-May-00 PRECISION TURF Totals Check Number 61356 PRECISION TURF Check Number 61357 PRUDENTIAL LIFE INSURANCE Transaction Amount 31.85 26.65 58.50 100.00 100.00 24.34 19.39 43.73 45.00 45.00 369.32 369.32 175.73 175.73 Comments MILEAGE REIBURSEMENT MILEAGE REIBURSEMENT ADV IN MEDIA GUIDE BOARD OF REVIEW - NOTICE PUB HRING-NAV PLYGND IMPR PEACE OFFICER LIC-PERSELL REP WINDSHIELD - SWEEPER TRIMEC CLASSIC 2.5 GAL 61357 04-May-00 PRUDENTIAL LIFE INSURANCE 7.80 MAY 2000 LIFE PREMIUMS 61357 04-May-00 PRUDENTIAL LIFE INSURA.SCE 5.85 MAY 2000 LIFE PREMIUMS 61357 04-May-00 PRUDENTIAL LIFE INSURANCE 39.00 MAY 2000 LIFE PREMIUMS 61357 04-May-00 PRUDENTIAL LIFE INSURANCE 13.65 MAY 2000 LIFE PREMIUMS 61357 04-May-00 PRUDENTIAL LIFE INSTJRANCE 3.90 MAY 2000 LIFE PREMIUMS 61357 04-May-00 PRUDENTIAL LIFE INSURANCE 15.60 MAY 2000 LIFE PREMIUMS 61357 04-May-00 PRUDENTIAL LIFE INSURANCE 1.95 MAY 2000 LIFE PREMIUMS 61357 04-May-00 PRUDENTIAL LIFE INSURANCE 515.10 MAY 2000 LIFE PREMIUMS 5 May 2000 Fri 10:15 AM Check Register City of Orono Check Number Date Name Check Number 61357 61357 PRUDENTIAL LIFE INSURANCE 04-May-00 PRUDENTIAL LIFE INSURANCE Totals Check Number 61357 PRUDENTIAL LIFE INSURANCE Check Number 61358 PUBLIC SAFETY EQUIPMENT CO. 61358 03-May-00 PUBLIC SAFETY EQUIPMENT CO Totals Check Number 61358 PUBLIC SAFETY EQUIPMENT CO Check Number 61359 REED VENDING 61359 05-May-00 REED VENDING Totals Check Number 61359 REED VENDING Check Number 61360 SCHARBER & SONS 61360 04-May-00 SCHARBER & SONS Totals Check Number 61360 SCHARBER & SONS Check Number 61361 SENIOR COMMUNITY SERVICES 61361 05-May-OO SENIOR COMMUNITY SERVICES Totals Check Number 61361 SENIOR CCMMUiaTY SERVICES Check Number 61362 SKYHAY PUBLICATIONS 61362 03-May-00 SKYWAY PUBLICATIONS Totals Check Number 61362 SKYWAY PUBLICATIONS Check Number 61363 STAR TRIBUNE 61363 03-May-00 STAR TRIBUNE Totals Check Number 61363 STAR TRIBUNE Check Number 61364 STEFFENHAGEN, RON 61364 03-May-00 STEFFENHAGEN. RON Totals Check Number 61364 STEFFENHAGEII. RON Check Number 61365 STOP STICK LTD 61365 03'May-00 STOP STICK LTD Transaction Amount -6.55 596.30 245.00 245.00 108.10 108.10 5.27 5.27 3.647.50 3.647.50 75.00 75.00 111.80 111.80 21.28 21.28 378.50 Page 9 Comments MAY 2000 LIFE PREMIUMS CALIBRATE RADAR UNITS CONCESSION FOR RESALE OIL FILTER 2ND QTR - SR CITIZEN PROG PRINT AD - LAXESHORE NFWS 52 WEEK SUBSCRIPTION PICTURES FOR CLUBHOUSE STOP STICK - SQ 189 S May 2000 Fri 10:15 AM Check Register City of Orono Page 10 Totals Check Number 61366 STRETCHERS Check Number 61367 SUBURBAN TIRE INC. 61367 04-May-00 SUBURBAN TIRE INC. Totals Check Number 61367 SUBimSAN TIRE INC. Check Number 61368 SULLIVAN'S UTILITY SERV. INC. 61360 04-May-00 SULLIVAN'S UTILITY SERV. INC. Totals Check Number 61360 SULLIVAN'S UTILITY SERV. INC. Check Number 61369 THE HOME DEPOT 61369 61369 03-May-00 03-May-00 THE HCKE DEPOT THE HO.HE DEPOT Totals Check Number 61369 THE HOME DEPOT Check Number 61370 THORPE DIST CO. 61370 03-May-00 THORPE DIST CO. Totals Check Number 61370 THvJRPE HIST CO. Check NurrJbcr 61371 TIM TT.TUiBULL 61371 03-May-00 TIM TUPJ.*BULL Totals Check Number 61371 TIM TURNBULL Check Number 61372 TOLL GAS & WELDING SUPPLY Check Transaction Number Date Name Amount Comments Check Number 61365 STOP STICK LTD Totals Check Number 61365 STOP STICK LTD 370.50 Check Number 61366 STREICHER3 61366 03-May-00 STREICHERS 319.95 SIREN CONTROL BOX 61366 03-May-00 STREICHERS 159.43 RECHARGEABLE BATTERIES 61366 03-May-00 STREICHERS 14.80 BOOK - SPANISH 61366 03-May00 STREICHERS 37.01 BOOKS - SPANISH 61366 03-May-00 STREICHERS 117.95 TROUSER.KEY HOLDER-FISCHE 61366 03-May-00 STREICHERS 129.95 BOOTS - HENDRICKS 6136$03-May-00 STREICHERS 22.18 IRRITANT. CUFFS 61366 03-May-00 STREICHERS 42.96 BOOKS -SPEEDY SPANISH 044.23 25.00 25.00 CHAT^GE TIRE 1.710.00 1.710.00 PUMP LS S26 58.05 196.22 254.27 HATER PLANT SUPPLIES DOCK REPAIR MATERIAL 07.50 87.50 BEER FOR RESALE 22.00 22.00 EMER PREPAREDNESS LUNCH 5 May 2000 Fri 10:15 AM Check Register City of Orono Page 11 Check Number Date Name Check Number 61372 61372 61372 TOLL GAS & WELDING SUPPLY 04-May-00 TOLL GAS & WELDING SUPPLY 04-May-00 TOLL GAS & WELDING SUPPLY Totals Check Number 61372 TOLL GAS & WELDING SUPPLY Check Number 61373 TOMCHECK, LARRY 61373 03-May-00 TOMCHECK, LARRY Totals Check Number 61373 TOMCHECK, LAPJIY Check Number 61374 TRACY TRIPP FUELS Transaction Amount 0.98 48.64 49.62 15.39 15.39 Comments MISC TOOL ARGON/C02 MEALS - MALEFI CON? 61374 04-May-00 TRACY TRIPP FUELS 2,220.14 1933.5 GAL UNLEADED 61374 04-May-00 TRACY TRIPP FUELS 72.20 74.2 GAL DIESEL Totals Check Number 61374 TRACY TRIPP FUELS 2,292.34 Check Number 61375 TREADWAY GRAPHICS 61375 03-May-00 TREADWAY GRAPHICS 146.26 DARE SUPPLIES Totals Check Number 61375 TREADWAY GRAPHICS 146.26 Check Number 61376 UNIFORMS UNLIMITED 61376 03-May-00 UNIFORMS UNLIMITED 27.95 SLACKS - CHESWICK 61i;6 03-May-00 UNIFORMS UNLIMITED 49.90 SHIRTS - CHESWICK 61376 03-May-00 UNIFORMS UNLIMITED 80.90 PANTS - WITTKE 61376 03-May-00 urn FORMS UNLIMITED -45.95 LINER RETURN 61376 03-May-00 UNIFORMS UNLIMITED 7.84 NAME BAR - JENSEN 61376 03-May-00 UNIFORMS UNLIMITED 90.10 UNIFORM - SCHOENHOFF 61376 03-May-00 UNIFORMS ITNLIMITED -10.00 CREDIT - SCHOENHOFF 61376 03-May-00 UNIFORMS UNLIMITED 80.10 UNIFORM - TCMC2YK 61376 03-May-00 UNIFORMS UNLIMITED 40.05 UNIFORM - TOMCZYK Totals Check Number 61376 UNIFORMS UriLIMITED 320.89 Check Number 61377 VEE,, LIN 61377 03-May-00 VEE, LIN 40.55 MILEAGE - TRAINING 61377 03-May-90 VEE. LIN 20.15 MILEAGE Totals Check Number 61377 VEE, LIN 60.70 Check Number 61378 VIKING .»^*T>USTRIAL CENTER 61378 04-May-00 VIKING INDUSTRIAL CEmER 1.520.26 TRAFFIC SIGNS S Hay 2000 Fri 10:15 AM ChecK ReqisLer City of Orono Page 12 Check Transaction Totals Check Number 61362 ZIEGLER Number Date Name Amount Comments Check Number 61378 ViKING INDUSTRIAL CENTER Totals Check Number 61379 VIKING INDUSTRIAL CENTER 1,520.26 Check Number 61379 WITTKE.TONY 61379 03-May-00 WIITKE,TONY 16.94 MEALS - VERBAL JUDO TRNG Totals Check Number 61379 hittke.TONY 16.94 Check Number 61390 WRIGHT HENNEPIN ELECTRIC 61380 03-May-00 WRIGHT HENNEPIN ELECTRIC 8.08 ELECTRICAL SERVICE 61380 03-May-00 WRIGHT HENNEPIN ELECTRIC 24.77 ELECTRICAL SERVICE Totals Check Number 61380 WRIGHT HENNEPIN ELECTRIC 32.85 Check Number 61381 YOUNG,JACKIE 61381 03-May-00 YOUNG,JACKIE 125.00 CONS MINUTES 3/2/00 61381 03-May-00 YOUNG.JACKIE 125.00 CONS MINUTES 3/2/00 61381 03-May-00 YOUNG,JACKIE 150.00 PARK COM MINUTES 3/6/00 61381 03-May-00 YOUNG,JACKIE 125.00 CONS COM MINUTES 3/16/00 61381 03-May-00 YOUNG,JACKIE 175.00 PLAN COM MINUTES 3/20/00 61381 04-May-00 YOUNG,JACKIE 150.00 PARK COM MINUTES 4/3/00 61381 04-May-00 YOUNG,JACKIE 125.00 CON COM MINUTES 4/13/00 61381 04-May-00 YOUNG,JACKIE 20C.0O PLAN COM MINUTES 4/17/00 61381 04-May-00 YOUNG,JACKIE 175.00 COUNCIL MINUTES 4/24/00 61381 04-May-00 YOUNG.JACKIE 125.00 BRD OF REV MINUTES 4/26/0 61381 04-May-00 YOUNG,JACKIE 125.00 CON MTG MINUTES 4/27/00 Totals Check Number 61381 YOUNG,JACKIE 1,600.00 Check Number 61382 ZIEGLER 61382 04-May-00 ZIEGLER 15.14 CABLE • GRADER 15.14 Grand Total 92,727.30 10.00 VOID CHECK M61280 -00.10 VOID CHECK 861280 -40.05 VOID CHECK 861280 -15.28 VOID CHECK 861280 -72.04 VOID CHECK 861280 -9.67 VOID CHECK 861280 3 May 2000 Hed 8:39 AM Check Number Check Number Check Register City of Orono Page 2 Date Name Transaction Amount Comments 61280 UNIFORMS UNLIMITED 61280 03-May-00 UNIFORMS UNLIMITED -80.90 VOID CHECK 861280 61280 03-May-00 UNIFORMS UNLIMITED 45.95 VOID CHECK #61280 61280 03-May-00 UNIFORMS UNLIMITED -27.95 VOID CHECK #61280 61280 03-May-00 UNIFORMS UNLIMITED -7.84 VOID CHECK #61280 61280 03-May-00 UNIFORMS UNLIMITED -49.90 VOID CHECK #61280 61280 03-May-00 UNIFORMS UNLIMITED -90.10 VOID CHECK #61280 Totals Check Number 61280 UNIFORMS UNLIMITED -417.88 Grand Total 1,246.65 5/3/00 SI.549.73 5/3/00 SI,534.71 5/3/00 SI.259.93 5/3/00 SI.277.27 5/3/00 SI.765,57 5/3/00 S1.301.95 5/3/00 SI.209.30 5/3/00 S1.271.09 5/3/00 S810.01 5/3/00 S464.68 5/3/00 SI.375.43 5/3/00 S557.57 5/3/00 S1.713.66 5/3/00 S294.45 5/3/00 SI.303.80 5/3/00 S257.65 5/3/00 SI,285.23 5/3/00 SI.045.95 5/3/00 S654.78 5/3/00 S167 08 5/3/00 S1.001.44 5/3/00 SI,083.33 5/3/00 SI.173.36 5/3/00 SI.638 68 5/3/00 S457.61 5/3/00 S478.97 5/3/00 S873.37 5/3/00 SI.183.11 5/3/00 SI.065.66 5/3/00 S827.12 5/3/00 $609.50 5/3/00 $896.36 CITY OF ORONO Check Register 05/03/00 3:53 PM Page 2 Pay Period Check # Employee Name Check Date 9 9 9 9 9 9 9 9 9 9 9 9 9 047547 OBERAIGNER. SCOTT G. 047548 OBRIEN. RANDY L. 047549 PALMER, GREGORY A. 047550 RATHBUN. BARRY J. 047551 SKREEN. DALE S. 047552 ABRAHAMSON. FRED W. 047558 PEICKERT. GARY J. 047559 PETERSON. JACK W. 047560 RAICHE. VICTORIA H. 047561 ROSS. JOHN A. 047562 STEFFENHAGEN. RONALD E 047555 VOID 047556 VOID 5/3/00 5/3/00 5/3/00 5/3/00 5/3/00 sn/oo 5/3/00 5/3/00 5/3/00 5/3/00 &2I00 5/3/00 5/3/00 Report Total Check Amount $558.34 $256.46 $771.75 $1,184.11 $944.83 $198.60 $196.67 $407.62 $112.60 $146.76 $1,180.05 $0.00 $0.00 $47,698.51 4 May 2000 Thu 9:32 AM Chech Number Chech Number 61289 Chech Register City of Orono Date Name 61289 CITY COUNTY CREDIT ONION 03-May-00 CITY COUNTY CREDIT UNION Totals Chech Number 61289 CITY COUNTY CREDIT ONION Chech Number 61290 61230 61290 61290 FIRST NATIONAL BANK OF LAKES 03-May-00 03-May-00 03-May-00 Totals Chech Number FIRST NATIONAL BANK OP LAKES FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES 61290 FIRST NATIONAL BANK OF LAKES Chech Number 61291 61291 ICMA RETIREMENT TRUST - 457 03-May-00 Totals Chech Number ICMA RETIREMENT TRUST - 457 61291 ICMA RETIREMENT TRUST - 457 Chech Number 61292 61292 LAW ENFORCMENT LABOR SERVICE 03-May-00 Totals Chech Number LAW ENFORCMENT LABOR SERVICE 61292 LAW ENFORCMENT LABOR SERVICE Chech Number 61293 61293 Mi:«NESOTA CHILD SUPPORT PMT CT 03-May-00 Totals Chech Number MINNESOTA CHILD SUPPORT PMT CT 61293 MINNESOTA CHILD SUPPORT PMT CT Chech Number 61294 61294 KN DEPT OF REXZirjZ 03-May-00 Totals Chech Number hOJ DEPT OF REVENUE 61294 fCl DEPT OF REVENUE Chech Number 61295 61295 ORCHARD TRUST CO. TRUSTEE/CUST 03-May-00 Totals Chech Number ORCHARD TRUST CO. TRUSTEE/CUST 61295 ORCHARD TRUST CO. TRUSTEE/CUST Chech Nursber 61296 61296 PEBSCO/CBRA 03-May-00 Totals Chech Number PI.BSCO/OBRA 61296 PEBSC0/03RA Transaction Amount 7,029.30 7,029.00 3,828.72 3,828.72 9,084.59 16,742.03 300.00 300.00 0.00 0.00 190.12 190.12 3,524.11 3,524.11 2,187.68 2,187.68 102.80 102.60 Page 1 Comments SAVINGS W/H a TRANSFERRED PICA a MEDICARE W/H FICA,MEDCR CITY SHARE FEDERAL WITHHOLDING DEFERRED COMP W/H WUON DUES WH SKREEN 10010755723 STATE TAX W/H DEFCCMP-98995-01 D180 OBRA DEFERRED COMP W/H 4 May 2000 Thu 9:32 AM Check Register City of Orono Check Number Date Name Check Number 61297 61297 PEBSCO/US CON? OF MAYORS 03-May-00 PEBSCO/US CONF OF MAYORS Totals Check Number 61297 PEBSCO/US CON? OF MAYORS Check Number 61298 PERA 61298 61293 03-May-00 03-May-00 PERA PERA Totals Check Number 61298 PERA Check Number 61299 UNITED WAY 61299 03-May-00 UNITED WAY Totals Check Number 61299 UNITED WAY Check Number 61300 WISCONSIN SCTF 61300 03-May-OO WISCONSIN SCTF Totals Check Number 61300 WISCONSIN SCTF Grand Total Transaction Amount 2.658.00 2.658.00 4.399.63 5.702.31 10.101.94 28.00 28.00 184.62 184.62 43.048.30 Page 2 Comments USCM DEFERRED COMP W/H PERA EMPLOYEE H/H PERA CITY SHARE CHARITY DONATIONS W/H J.Johnson#0002 7568 98 LfJlFtflKl iiimriri]EiElIiTrri HilOTil MiHTti, azw#7#j Long l^kc I'irc Dcpartincnt First Quarter 2000 Aclivilics Meetings Lake Region United Firerighicrs Henn. Cty. Chiefs Assoc. Facilities Commillcc Truck Commitlec Planning (OfTiccr's) Relief Association ReliefTruslees Business Total I lours Total I lours 219 Once again, the first quarter was a busy time for training, meetings and other dcpartnicnt activities. Planning meetings, business meetings. Relief Association meetings, facilities meetings and other meetings required 332 volunteer hours. In all, department members put In over 2,000 hours In the first quarter, more than 1,200 hours In addition to the lime spent responding to calls. In-house training for the first quarter included certified courses in Advanced Afo i•xlricalion and nkxxlborne Pathogens: Infectious Agents. Member participation in the training was !iigh. Other agencies were invited to participate in the Advanceil Auto Lxtrication classes and participants included members of the Wayzata FD, the Hamel FD, the Maple Plain FD and the Orono PD. Ihe annual eight hour I iist Kespoiulcr classes kept our members certified for their medical duties. In addition, training was conducted with the new foam systems on our fr«)nt line engines and the new I Itilily 1 1 . "Rear fire and rescue training was acconiplished by training in, and then burning, an old faimhouse and outbuildings on Watertown Rrxid. Maple Plain I I) trained with our rlepartment in these exercises. All in all. 689 hours of training in the first quarter kept our department well prepared. Fite calls, alann calls, personal injury accidents (ITs), and medical calls kept the department jumping ns well. Members were called out 70 limes in the first three months of the year, putting in 799 total hours on calls. Ihe department battled vehicle fires, hoitse fires and grass fires as well ns providing medical assistance 27 times, Smoke was removed from several homes usitrg vcnlilalion fans. Mentbets responded to two muUt.il aid reejuests in the first quarter, one to assist Maple I lain I D and one to assist Way/ata I D. Volunteering contes easy for department members. Outside of tlicir training, meetings and calls, members also donated an additional 219 hoirrs to the department and the communities that the department sers'es. Community events inchitlctl provirling mcxlical coverage, and "wixking the first hole at the Snowball Open and proviuing medical coverage for Winterfest at the Orrxio Middle School Members also volunteered their tinre to keep the slatirH) and crpiipmcnt clean and organized. Men.lKrs also coordinated a tiew public interaction forum and fundraiser by supporting the "hmg I akc Volunteer Fite Deparlntcnl 2trd Call". A look ahead shows the 2nd quarter kicking off with a pancake breakfast at the fire station. Building nitd facility coimnittees will be meeting on a regular basis to plan the new station. Ihe department will be wwking i«i leairr-building and team initiatives at Camp Ihduhapi in May. Outd(x*r activies and turbulent weather can also make spring a busy time of the year with fire calls attd weather alerts Hours Trainings 1 lours Other Activities Hours Fire/Medical/Rescue Calls Hours 15 Traction, splinting 69 SaUirdays/Kvcnings:Alarm 218 9 Advanced Auto F.xtrication 207 Station CIcan-up 6 Fire 197 6 First Responder Refresher 216 Iraining I’rcparation 9 Medical 313 24 Live Firc/Rescue 101 1>I2 Repairs (laivcmc)20 PI Accident 711 21 Infectious Agents 43 Mood private ice rink 4 Total Hours 799 60 Foam Training 50 Ice Rescue I raining •10 35 Iblal 1 lours 689 Snowball Open 42 24 Winterfest 8 138 2nd Call preparation 54 332 Watertown House lUirn 36 Honorable Mayor and City Council City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Dear Mayor Jabbour & Council: '"''"'•''II meeting MAY 0 8 2QI)(lay 5,2000 Ul I T Ur UMU/VU I am writing you regarding the Narrows Dock Lot parking and access issues that you will be discussing on May 22. We have owned one of the dock lots (Lot E) for twenty years, having purchased it from Dennis Anderson in 1980. As you know from Mr. Gappa's backgrounding, our lot has a cross easement and a conditional use permit granted by the City of Orono. The extent of our use has been to keep a boat in the slip for the summer months. Electrical service to this particular dock was installed by Mr. Anderson in the mid- 1970's primarily for the purpose of pumping water for boat cleaning. Other dock owners in the area have used our electricity at various times, but in the last few years have hooked up their own. We have been informed that there are residents in the area who would like to restrict the use of the dock lots by disallowing electricity and/or limiting boat size. If their ultimate goal is to rid the area of those of us who do not own residences contiguous to the docks, I assume the law is on the side of the dock lot property owners. 1 would also assume it would be legally very difficult to cut off our electricity or limit the size of our boats given that there are no such regulations on the books in Orono or the LMCD. We are also disappointed that the City (or the County) has revoked the street parking on County Road 19. We understand the basis for this decision was that a few home and/or dock lot owners abused the privilege by using the street to park overnight or for overflow parking. It is unfortunate that the “transgressions" of a few impacted those of us who have ''ten good neighbors and property owners. We request that you consider issuing pernut'; to the dock lot owners for temporary parking on Cty. 19. You could restrict the t-iC urs of street parking as well. We urge that you not penalize the non-resident dock lot owners who have the same property rights as do the resident owners on any of these matters. Thank you for your time and attention. Sincerely, Robyn & David Cook 680 West Hillside Drive • Wayzata, MN 55391 cc. Greg Gappa - Public Services Director mcctiNG JjJ '"•‘n Partntri for lifcloni learniii; MAY 0 8 2000 un urUrtUNO • ‘ . .[) April 15, 2000 Dear Community Supporter: Oii. w.- I am writing to you as a representative of the "Music in the Park" committee. This committee is comprised of members of the VVestonka CommuniU' Education &: Services Advisory Council. VVe are proud to bring tlie eighth annual "Music in the Park" series to the VVestonka Community. VVe are looking for community’ organizations and businesses to help sponsor the five performances we have scheduled for summer 2000. The scheduled performers are all new to "Music in the Park" and each will provide opportunities for members of the VVestonka conununity to gain insights into different musical traditions. Enclosed you will find a schedule of the performances at Mound Bay Park this summer. These special events create an opporhmity for community members to come together. In addition to providing the community’ with occasions for musical appreciation, it is a collaborative effort that demonstrates strong community’ partnerships and involves citizen participation. "Music in the Park" is made possible by the VVestonka Community Education and Services Department of the VVestonka Public Schools. Additional funds are needed in order to support the "Music in the Park" concert series. Performing artists' fees range from $400.00 to $1200.00. Please consider a donation to support this worthwhile community' event. Contributions of $50 or more will be recognized and thanked in ae promotional information and at each event. Please call me at 491-8045 if you have any ’ questions. Thank vou for vour consideration. Respectfully, Sarah Hever Communit\’ Education Coordinator 0 VVestonka CommuniU’ Education and Services Indfpcndtnt ^ctiool Oiitrict 177 Community Education & Smic« • 2450 Wilshire Blvd . Suite D • Mound MN 55364 • p 612/491-8040 • f 612/491-8043 • westonka kl2 nn us