Loading...
HomeMy WebLinkAbout02-22-1999 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, FEBRUARY 22,1999,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA 1. Approve/Amend APPROVAL OF MINUTES 2. Regular Meeting of February 8, 1999 MEETm '"fe 2 2 1999 PARK COMMISSION COMMENTS - Susan Wilson, Representative PLANNING COMMISSION COMMENTS - Liz Hawn, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMIN!' ""RATOR'S REPORT 3. #2308 Brook Park Realty, 3760 Shoreline Drive - Class III Preliminary Plat Approval - Resolution 4. #2440 Dale Gustafson, on behalf of Richard Lux, 1209 French Creek Drive - Variance - Resolution 5. #2453 John Ericson, Sr., 1620 Shadywood Road - Variances 6. #2454 Greg & Marcia Bamum, 150 McCulley Road - Conditional Use Permit - Address Change - Reso!»:.ion 7. #2455 Roger Kristine Slrauman, 123 Chev>’ Chase Drive - Variance - Resolution 8. Item removed from Agenda 9. #2459 City of Orono, Zoning Code Amendment - Revisions to Telecommunications Ordinance - Ordinance 10. #2460 Cliff Otten/Kristin Jacques, 3800 Wayzata Boulevard - Conditional Use Permit - Resolution 11 . Extend Adult Use Moratorium - Ordinance MAYOR/COUNCIL REPORT ENGINEER REPORT 12. Approve Final Plans for Ferndale Road North Project 13. Authorize AdvertI 'ement for Bids and Schedule Assessment Hearing for Edgewood Hills Sanitary Sewer Project - Resolution CITY ADMINISTRATOR ’S REPORT 14. Saga Hill Access 15. Request for Sewer Extension to St. Edward's Church 16. Request for Sewer Extension to 465 & 485 Orono Orchard Road South 17. Dickev Park Plans r AGENDA FOR COUNCIL MEETING SET FOR MONDAY, FEBRUARY 22,1999,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA 18. 19. 20. 21. 22. Schedule "Friends of the Park" Award Investment Policy Update - Resolution Request to Purchase Television Set for Orono Golf Course Schedule Public Hearing for Highway 12 Preliminary Layout Emergency Management Ordinaiice CITY ATTORNEY'S REPORT ♦23. LICENSES *24. BILLS UPCOMING ISSUES AND EVENTS 1222 02/22 03/01 03/03 03/08 03/11 03/15 03/18 03/22 03/25 04/05 04/07 04/12 04/19 04/26 04/28 Council Meeting, 7:00 p.m. Park Commission Meeting, 7:15 p.m. Highway 12 Design Review Committee Meeting, 5:30 p.m. Council Meeting Council Work Session, 7:30 a.m. Planning Commission Meeting, 6:30 p.m. Council Work Session, 7:30 a.m. Council Meeting, 7:00 p.m. Council Work Session, 7:30 a.m. Park Commission Meeting, 7:15 p.m. Highway 12 Design Review Committee Meeting, 5:30 p.m. Council Meeting, 7:00 p.m. Planning Commission Meeting, 6:30 p.m. Council Meeting, 7:00 p.m. Board of Review, 7:00 p.m. COUNCIL ACTION MEETING OF FEBRUARY 22, 1999 AGENDA ITEM JABBOt R FLINT KTUT^PETERSON S.\NSE\XRE COMMENTS 13 Bids/Assessment Hrg-Edgewood Hills Sanitary Sewer 14 Saga Hill Access 'Hifi i'm ’ c/MJc'i ' b/fMi D JA 15 Sewer Extension-St. Edward's Church 16 Sewer Extension-465/48^ Orono Orchard RdS yijf/rxM/if t- ■ 'humv! 17 Dickey Park Plans ‘^■fdFfyzc. 18 Schedule "Friends of Park" Award 19 Investment Policy-Resolution Uniiww 20 Purchase TV for Golf Course 21 Schedule Public Hrg for Hwy 12 Preliminary Layout TlNiy-zl^in/g 22 Emergency Management-Ordinance 23 Licenses 24 Bills ' // COUNCII. ACTION MEETING OF FEBRUARY 22,1999 J Public A ttendance Meeting D ate ?- 7 9 □□ COTJNCIL Planning Commission Park Commission O ther Please fill out the information REQUESTED BELOW FOR OUR CITY RECORDS. ^ ■ . . v-s V:‘.Lv* NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1. W\ 0>'r cjlic ^ I /\(L^ C^c c. V- V c X. frij s. t /Q____ M / 4.■^r:nc v;/z fl~ / S''/'((>]I ? 6 /?<^ ^i/v fj r f" Sf /^WcY<V{ c\ / 6. V 1 U V f-'-t' >, fnAP !-IaCjO of gy^STOieor:) iL ^ / Y » ( ^ f )/\‘Vv ^ ^ /S^ IT/U / 9,__^ 5 c> V 15._ a9mi4 02 • 19 ■99 FRI 10:21 FAX ORONO cmr council meeting MINUTES FOR FEBRUARY 8,1999 ^__0OO2(D -------- —m^zwa,— BOLL Cut or ortuuw* TUe Council met on the above-mentioned date with the following mcnibers present: Mayor Gabriel Jabbour, Council Members Charles Kelley, Barbara Peterson, Richard Flint and Bob S. mseverc. Representing Staff were City Administrator Ron Moors^ City Attorney Tom B:irrett, Assistant Zoning Administrator Paul Weinberger, City Engineer Tom Kellogg, Public Slices Director Greg Gappa, and Recorder Lanette Wolf Mayor Jabbour called the meeting tc order at 7:00 p.m. Niayor Jabbour stated that Council must appoint an alternate to the Planning Commission blouse there will not be a quorum for the next Planning Commission meeting. Peterson moved, Flint seconded, n motion to amend the agenda by adding Item llA, Appointment of Alternate to the Planning Commission. VOTE: Ayes 5, Nays 0, 0^1) RECOGNTnON - POLICE CHIEF GARY CHESWICK - RESOLUTION NO. 41S3 Moorse read a resolution recognizing Gary Cheswick for tWrty years of service to the City of Orono Police Department. K elley moved, Peterson seconded, to approve Resolution No. 4233, a Resolution Recognizing Gary Cheswick for Thirty Years of Dedicated Service to the City of Orouo on the Orono Police Department. VOTE: Ayes 5, Nays 0. Mayor Jabbour presented Chief Cheswick a copy of the resolution. (#2) CONSENT AGENT \ Items 6, 7, 8, 9, 10 and 11 were added to the Consent Agenda. Peterson requested that Item 3 hi remov^ from the Consent Agenda because she did not attend the January 25,1999 nteeiing. Kelley moved, Peterson seconded, a motion to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES VO) REGULAR MEETING OF JANUARY 2S, 1999 Kelley moved, Sansevere seconded, a motion to approve the Minutes of the Regular < lity Council meeting of January 25,1999, as submitted. VOTE: Ayes 4, Nays 0. Peterson abstained. Pagel 0219-99 FRI 10:21 FAX ElOOtl ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 8,1 PARK COMMISSION COMMENTS - James While, Representative \Miite stated that at the last Park Commission meeting, Rick Meyers from Navarre presented a slide show that was very interesting. hite swd the Park Commission members are concerned about Saga Hill and the option to purchase additional land that runs out at the end of March. White complimented Oreg Oappa on the condition of the ice rink. Jubbour said that the Council members are working on the ingress and egress to Saga HiU P irk. He said the City is also working on the Eisinger property. The Council is also Dinsidering a piece of land that is owned by the school distnet. Jabbour said there was a meeting on February Sth to discuss the Dakota Rail. Kelley asked about the fund raising for Saga Hill. V-Tiite said a representative from Saga Hill would address that issue. He said he is very excited alK)ut the possibility of a trail along the Dakota Rml track. J; ibbour said the Chy will try to build the trail in a partnership with Hennepin Parks. Kelley asked if the Dakota trail could be connected to the Luce Line trail. \Vhitc responded that it is too far away. Flint asked about the ballparks that are planned around the school. V/hite said there is not enough information from the school board about the ballparks yet. l.tbbour said the City is also imcrcstcd in that property for brush disposal. He doesn ’t want the (ity to have conflicting interests in the same piece of property. Rich Kieman, President of the Orono Baseball Association, was present. He said there are conflicting ideas for using the parcel of land by the school. He said the Baseball Association v.as told to hold off making preHminary plans for any ball fields until the school is laid out because access would have to be through the school property. He has not seen the school plans. The Association would like to have a ball field on that site. Pages 02-’19-99 FRI 10:21 FAX @004 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY «, 1' L AKE MINNETONKA CONSERVATION DISTRICT - Lili McMillan, Representative McMillan reviewed material concerning recent issues before the LMCD board. She said that 6 1 1 acres of milfoil were harvested in 1998. She said the harvesting machines are 10 years old ai d were refurbished in 1998 for approximately half the cost of one new machine. Gene S*rommen is still involved with the milfoil program. K ;lley questioned why some bays are not harvested. MbMiOan responded that harvesting is done in areas where there are navigation problems. Residents can also request that harvesting be done in certain areas. Jiibbour asked if one of the harvesting machines will be equipped to spread non-toxic, organic chemicals. Mch/CUan stated that one machine was equipped to sec how it would perform. NtcMillan reviewed the 1998 Water Quality Testing. She said that Maxwell Bay has shown a Consistent decline in water quality since 1995. This decline may be due to water entering Maxwdl from the upstream Stubbs Bay, which has very poor water quality. She said this trend is of concern, since the same problems could occur in other high qu^ity bays like Crystal, Spring Paric, and West Upper LAke, which arc downstream of poor water quality b;iys. J:tbbour stated that the residents need to be educated regarding best management practices. He said one problem with Stubbs Bay is that it is very shallow. h IcMitlan talked about the way phosphorous afreets the lake. She reviewed the Boat Density S jTvey. She is concerned about the accuracy of the count because the July 4th weekend was not included in the survey because of bad weather. A total of 15,360 boats were counted. J.ibbour said he is also concerned about the accuracy of the survey because he docs not b'ilieve the number of boats has declined. h IcNfrllan reviewed the zdjra mussel ordinance that was approved by the LMCD. She stated siie was not in favor of the ordinance because she did not feel h was workable, that it was a duplicate of state law and would be (Ufficult to enforce. She discussed the damage that can be done to our lakes and rivers by the zebra mussel. McN^lan also reviewed the LMCD Executive Director ’s Newsletter. J'LANNING COMMISSION COMMENTS - LUi McMUJan, RepresentaUve NfcMiIIan asked about the timetable for the City ’s Comprehensive Plan. J tbbour stated that the Planning Commission will be responsible for the Comprehensive Plan v.ith input from the City Council. Mike Gafriron is working on the Plan. Pi«e3 02-19-99 FRI 10:22 FAX 0OOO ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 8,1999 PUBLIC COMMENTS Sieve Bell, 4455 West Branch Road, Orono, stated he represents the Saga Hill Preservation S'>ciety. He said the Society has the opportunity to secure more land adjacent to the existing park. He distributed a photograph of the area and a map showing the location of the land. He si ited there is a broad base of support to acquire the land. Saga Hill Park consists of 23,7 acres and there is an opportunity to add 8,5 acres adjacent to the existing park land, The option to purchase the land expires on March 20, 1999. Once the option expires, the ooportunity to preserve the land will be gone. He said that last year there was a proposal to dovelop the remaining 40 acres. The plan would have involved approxim^l dy 26 houses. The S iga Hill Preservation Society hired an en^eering firm at its own experse to gauge the impact that this kind of development would have on the area. The conclusion was that there would be some significant issues with the environment involving runofif and erosion. Bell reviewed the funding that has been obtained. $100,000 has been obtained by the Saga Hill Pi-eservation Sodety. There is a DNR grant of $75,000 that has been approved and $25,000 that has been pledged from other sources. The Society still needs $48,300 to purchase the land. If cannot raise the $48,300, the DNR grant may no longer be available. j;ibbour said it is Us opinion that this matter should be placed on the next City Council meeting agenda to discuss access to Saga Hill Park and funding to purchase the additional bnd. Flint asked if the fund raising efforts are continuing. Bell said the Society has exhausted all the available sources. J.ibbour sdd he is very aware of the value of the land and he feels this is an important project. ZONING ADMINISTRATOR’S REPORT (f<4) U2425 SIDNEY AND BARBARA REBERS/SERVICE 800, INC, 2190 WAYZATA BOULEVARD - FINAL PLAT APPROVAL, RESOLUTION NO. 4254 Moorse said that the applicant has submitted a revised site plan and there are three options for the Council to consider. It appears that Mn/DOT will approve a turnback. Staff recommends tliat if the Council approves the options, all of the conditions of the resolution must be met before the final plat can be filed. Page 4 0210 99 FRI 10:22 FAX 0000 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 8,1999 (Hi) #2425 SIDNEY AND BARBARA REBERS/SERVJCE 800, INC, 2190 WAYZATA BOULEVARD - Continued Gippa said that Service 800 would like to begin construction as soon as possible, but the pi efcrred access options would not be approved by Mn/DOT for at least two to three months. S'JTvicc 800 would like to begin construction using the existing right»in/right-out curb cut on a temporary basis. As soon as Mn/DOT approval can be obtained for one of the access options, they would construct a new access across from Brimhall per the revised site plan with parking a>;ainst Highway 12 frontage rather than against the front of the building. Jiibbour asked if the right-in/right-out would be used only during construction. Cappa said the ri^t>in/right-out a'..cess would be used during construction and until the new access is completed. He said that Option 1 is a reconveyance of the triangle to Clifr Otten by Mn/DOT. Otten would then grant an easement over the triangle to the City of Orono. For this t( . happen, Otten must acquire the underlying fee title to the triangle from the Daniels heirs. Otten would have to complete acquisition of fee title from the Daniels heirs within a short timeframe (30 days). Kelley asked if the heirs could be contacted within 30 days. Ciappa said the heirs are local and they can be contacted. Jiibbour asked if Otten has contacted the heirs. Otten smd he has not contacted them yet. (iappa said Option 2 is a turnback to the City of Mn/DOT’s easement over the triangle. Mn/DOT has indicated that they would approve this option. He sud that Option 3 is a fallback option where Service 800 would be prepared to build a driveway across Otten’s property to tiic northwest comer of the Service 800 site. Although not preferred by staff nor Service 800 r or Often, this option would be locked in if the turnback and reconveyance options frul to gain Mn/DOT approval. This option would require a letter of credit from the developer to cover the cost of the road. Kelley asked if Otten is willing to grant the easement for Option 3. <■ rappa said that is peul of the road agreement between the City, the developer and Mr. Otten. Mr. Barrett has been working on the rood agreement. K.elley asked who would own the triangle under Option 3. C rappa responded that Mn/DOT would own the triangle. J ibbour asked why the City would have to be involved in the agreement. Pages 02-19-9D FRI 10:22 FAX 0 007 ORONO CnY COUNCIL MEETING MINUTES FOR FEBRUARY 8,1999 Barrett said that the road agreement is between the developer, Mr. Otten and the City. The City is requesting the agreement in order to open a temporary road. S;msevere asked if Option 3 is a worst^case sc^ B 'Urett said that all of the scenarios involve some reliance on the reasonableness and goodwill oi‘Mn/DOT. Mn/DOT has not agreed to anything in writing. S;insevere asked if there is a fourth contingency. Barrett said he raised that issue, but that would involve the City of Orono condemning Mn/DOT*s land and h would not be feasible. S msevere asked if Option 1 is the most likely scenario. Ciappa said staff is more confident in Option 2. Xtbbcur said he wants the driveway lined up with Brimhall. Kelley said he doesn’t mind the abrupt right turn into the property, but he is concerned about fitture development of Lot 2 and an increase in traffic that would make egress from Service g:K) difficult. He feels there should be an alternate access for Service 800 and more room for stacking of vehicles. Kelley said he favors Option 2, but he wants to keep Option 3 available. J^ibbour said he understands that staff is recommending all three options so that if Option 1 or 2 is not feasible, Option 3 would be the faUback option. h loorse said that if Option 1 or 2 is viable, then Option 3 will no longer be available. Kelley stud there could be an agreement with Mr. Otten that if Lot 2 is developed, he would b: willing to review the location of the entrance tu Service 800. Sansevere asked how many cars would be leaving the Service 800 property at one time and v'hether there would be a stacking problem from the developer's standpoint. J<jan Mork Bredeson said there will only be 15 employees and there would probably be three vehicles leaving at one time. Kelley said he wants the Council to think about the development that may happen in 10 or 15 years. 02 ’1999 FRI 10:23 FAX 0OOS ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 8,1999 (H4) U2425 SIDNEY AND BARBARA REBEES/SERVICB 800, INC, 2190 WAYZATA BOULEVARD - Continued Jnbbour said Mr. Ott«i probably wants a public road all the way to the rear of the property. Otten said there is a similar situation between the Burger King and the bank. S:uisevere said if Mr. Otten is going to develop the property, it should be incumbent upon him t(» provide another access rather than having a contingency for Service 800. R ich Kieman of KM builders said that if that situation does arise and the applicant is e xperiencing problems getting in and out, they would be the ones asking the City to work something out to allow better access. The site is designed to enable an access farther to the north. Kelley said parking is often lacking in commercial development and he is concerned about the fiiture. J:\bbour asked how the C ">uncil would feel about abandoning the road portion of the City’s e^iaement and keeping the utility and conservation easement tliat goes to the back of the property. Kelley said he would consider it after new Highway 12 is built. Jabbour smd the Council is on record opposing a road behind the property. h loorse said this is not the time to make a decision whether to give up the road right-of-way. J^ibbour agreed with Moorse, but he said that Orono is mainly a residential community and he does not think it would be appropriate to have a mtyor thorou^-farc in Sugar Woods. Moorse said it may be possible to have a frontage road concept that is not located directly south of Sugar Woods until it gets west of Sugar Woods and there may be a frontage road in a different spot. He does not feel that the City should give up that option. Flint said he is not in favor of giving up the option of the frontage road. Barrett said there should be a description of a utility easement across the triangle should it become Mr. Otten ’s property. He asked if Mr. Otten would agree to this. (^en said he would want to vacate the existing easement for a new easement. S tephen Pflauro explained the location of the utility easement. Page? 0219'99 FRI 10:23 FAX ©00 ‘9 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 8,1999 (i(4) H2425 SIDNEY AND BARBARA REBERS/SERVICE BOO, INC, 2190 WAYZATA BOULEVARD - Continued lUoorsc said that the water and sewer lines are in the triangle and that is where the City wants the easement. B urett said there is an issue of the Long Lake signature. They have agreed informally to c )operate, but there needs to be a formal agreement. Jiibbour said he feels Long Lake will cooperate. Pilaum said that the Long Lake City Council meets on March 4th and they will request Long L:ike’s approval at that meeting. Bsrrett said the Public Works Director recommended in Item 3> where Mr. Otten would grant an easement of 30 feet in width for the right-of-way to the back of the property, the document sliould also reflect a temporary construction easement of 44 feet. Mr. Otten agreed. Flint referred to paragraph 7 of the Road Agreement, the indemnification provision He q uestioned whether the City should agree to that provision of the agreement. Barrett said he agreed that the City should be removed from an indemnification position on tl« agreement. Flint asked which alternative is the preferred option. h loorse said where the staff report says “preferred option”, that is the applicam's preferred ootion. Either Option 1 or Option 2 creates the ability for Service 800 to have the type of access they want. F lint said that cvoi pursuing Option 1 will lengthen the period of time in two regards. It nx)uires Mr. Otten to contact the heirs of Mr. Daniels and Mn/DOT requires a long length of time. He said he favors Option 2 because it can be done in a shorter period of time. Moorse said that Mr. Otten would prefer Option 1 . Pflaum said that Option 1 allows Mr. Otten to acquire fee title to the easement and ultimately eiihances the value of his property. He said that the City does have a lot of what it would like V ithout getting the development of parcel 2 right now. He said the access at Brimhall started b scause it appeared on a City drawing as to a long-term development of the area. By virtue of tiie discussions that have taken place regarding the development of the Brimhall access, any biiycr of Lot 2 will be on notice of Orono’s intention to have a road to the rear of the Pages 02U9-99 FRI 10:23 FAX 0 01 II ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 8,1999 (k4) #2425 SIDNEY AND BARBARA REBERS/SERVICE 800, INC, 2190 WA YZATA boulevard - Continued property. The action the Council takes now will not preclude requiring the road at a later time th-cause a precedent has already been started. Kelley asked for Barrett’s opinion Birrett said the City takes a strong position regarding traffic patterns and ingress and egress hen reviewing development proposals. Pilaum explained that the Service 800 site is designed for an access at the north end of the property. Smsevere asked if there is enough time to accomplish Options 1 and 2 before the building is finished. Moorse said the process of getting the access formally approved by Mn/DOT will take longer tl'an construction of the building. Kienruui said he had a conversation with Jim Kirchner of Mn/DOT. Once hln/DOT receives ti e application for reconveyance or turnback, they would grant the applicant the ability to Sian construction at that point. Jiibbour feels the City is well protected legarding the issue of ingress and egress. F lint said he feels Service 800 should be a party to the road agreement. ^ lork Bredeson sud that Service 800 is the lease holder and there is a letter of credit in place 6 om Green Valley Associates. Flint said he knows that Green Valley owns the land, but the City has no way to know the rdative economic values of each of the entities. Jabbour asked for the Chy Attorney’s opinion. Barrett said there is no harm in adding Service 800 to the agreement. J .ibbour asked if Mork Bredeson was willing to add Service 800 to the agreement. Moric Bredeson agreed Kioorse reviewed the deadlines that are stated in the Road Agreement. Sansevere said he did not have a problem with the deadlines. 02.-19/99 FRI 10:24 FAX * 0011 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 8,1999 (¥4) ¥2425 SIDNEY AND BARBARA REBERS/SERVICE 800, INC, 2190 WAYZATA BOULEVARD - Continued Fl int said the greatest risk to the City is that none of the options work out, the building is c< >mpleted and the only access is the right-in/right*out that the City does not want to use. He does not want that to happen. B urett said the only way to ensure that does not happen, is to have an Option 4. That would It quire the applicants to pay for a condemnation of an easement. Even that would not be Certain, because there would be a conflict between two public bodies about what to do with tiie triangle. If Mn/DOT won’t grant a permit to cross their easement with a private road, then the only way to get across the triangle is for the City of Orono to condemn it. Sansevere moved) KeUey seconded, a motion to approve Resolution No. 4234, a Resolution Approving the Plat of Sugar Woods 2nd Addition, File No. 2425, with the condition that the final plat may not he fded until the City Attorney has approved all tlie documents. VOTE: Ayes 5, Nays 0. (t«) #2443 GLEN UPTON, 3685 NORTH SHORE DRIVE - V.ARIANCE - DENIAL RESOLUTION NO. 4235 Peterson moved, Sansevere seconded, to approve Resolution No. 4235, a Resolution Denying After-The>Fact Variances per Municipal Zoning Code Sections 10.22, Sabdivision 1(B) and 2; 10.56, Subdivision 16(L)(1); and Section 10.03, Subdivision 14 (<::), File #2443. VOTE; Ayes 5, Nays 0. MAYOR AND COUNCIL REPORT l;ibbQur distributed infomiation regarding a bill introduced by State Senator Dean Elton Johnson that would reconstruct Highway 12 as a four-lane divided highway between Delano and Wayzata. He met with the Highway 12 Design Review Committee on February 1 and they amended the Senate Transportation hearing regarding Highway 12. Jabbour said he, Michael Bash, Mayor of Long Lake, and Jim Murphy testified at the hearing and, as a result. Senator Johnson removed the bill and tabled it. He said that Senator Gen Olson was a great help. F lint complimented the Mayor on the way he handled this matter. J.ibbour said the Council has met with the Saga Hills group and Mr. Palmer, the owner of the adjacent property. Mr. Palmer has been presented with two options for the use of ponions of his property as access to the Saga HiU Park area. Jabbour requested that Mr. Moorse notify Mr. Palmer that this matter will be acted on at the ne.xt City Council meeting. K elley said he met with the Maple Plain Fire Department. They are concerned about their s ervice area after the Highway 12 redevelopment. They are concerned about funding and Page 10 02‘19.99 FFI 10:24 FAX ©012 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 8,1999 AJAYORAND COUNCIL REPORT- Continued bt ing undcmaffed. Kelley said he raised the issue of combining fire departments the same way police departments have been combined. K sUey asked about the Highway 12 and County Road 6 interchange and whether it will be built to a standard that is appropriate. \(oorse responded that the City’s consulting engineer recommended a wider bridge. Staff will iT'eet with Mn/DOT, Hennepin County and the City’s engineer to talk about the design of the biidge. Jubbour said Mn/DOT’s public hearing/open house regarding Highway 12 will be held on F ibruary 22,1999. The deadline for the hearing is February 28,1999. The City Council will hold a public hearing in March. ENGINEER REPORT (" #6) APPROVE PLANS AND SPECDFICATIONS FOR ORONO ORCHARDS S4NITARY SEWER PROJECT - RESOLUTION NO. 4236 K^elley moved, Peterson seconded, to approve Resolution No. 4236, a Resolution Approving Plans and Specifications and Ordering Advertisement for Bids Orono Orchards Sanitary Sewer project VOTE; Ayes 5, Nays 0. ('#7) APPROVE PLANS AND SPECIFICATIONS FOR HEAD SANITARY SEWER PROJECT - RESOLUTION NO. 4237 Kelley moved, Peterson seconded, to approve Resolution No. 4237, a Resolution Approving Plans and Spccificationa and Ordering Advertisement for Bids Head Sanitary Sewer Project VOTE; Ayes 5, Nays 0, («#8) FINAL PAY REQUEST - BRACKETTS POINT/BAY RIDGE SANITARY SEWER PROJECT Kelley moved, Peterson seconded, to approve final request for payment, Bracketts Point/Bay lUdge Sanitary Sewer Project to Barbarossa & Sons in the amount of $25,514.73. VOTE; Ayes 5, Nays 0. PAY REQUEST #4 - NAVARRE WATER TREATMENT PLANT REHABILITATION PROJECT Kelley moved, Peterson seconded, to approve Request for Payment #4, to Shank f lonstmctors, Brooklyn Park MN in the amount of $165,139.00. VOTE; Ayes 5, Najrs 0. Page 11 02'19'99 FRI 10:24 FAX * 00/3 ORONO OTV COUNCIL MEETING MINUTES FOR FEBRUARY 8,1999 CITY ADMINISTRATOR’S REPORT (^#10) REQUEST FOR CONVEYANCE OF TAX FORFEIT LAND - RESOLUTION NO. 4238 Kelley movedy Peterson seconded) to approve Resolution No. 4238« a Resolution Requesting Conveyance of Tax Forfeit Land for Public Use by the City of Orono. VOTE: Ayes S, Nays 0. FLEXIBLE COMPENSATION PLAN - RESOLUTION NO. 4239 KeDey moved) Peterson seconded) to approve Resolution No. 4239* a Resolution Adopting the City of Orono Fleaible Compensation Plan, and Authorizing the Mayor and City Administrator to sign the Flexible Compensation Plan Document. VOTE: Ayes 5) Nays 0. (f.‘llA) APPOINTMENT OF ALTERNATE TO PLANNING COMMISSION Moorse said the next Planning Commission meeting will be held on F^ruary 16 and they vsrill short of a quorum by two members. He recommended James White. Jeanne Maybusth and b faureen Bellows be appointed as alternates to the Planning Commission. Jabbour moved» Kelley seconded) a motion to appoint Jeanne Maybusth first alternate^ Maureen Bellows second alternate) and James White third alternate to the Planning C dmmission for two years. VOTE: Ayes 5, Nays 0. C TTY ATTORNEY’S REPORT Attorney Barrett requested an executive session to discuss penchng litigation (*#12) LICENSES None (■’#13) BILLS Kelley moved) Peterson seconded) to approve payment of the All Funds Account VOTE; Ayes 5, Nays 0. Page 12 02-19-99 FRI 10:25 FAX @014 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 8,1999 ADJOURNMENT Flint moved, Peterson seconded, to adjourn the meeting at 9:25 p.ra. VOTE: Ayes 5, NaysO* ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor t P«gel3 •02/19/99 11:0S FA\ 612 713 5291 Rvs FNCl.NEl-RINC t ^ Bo02 • « • • • FEB 2 2 \m February 1999 PARK COMMISSION COMMENTS To: From: Mayor & City Council Andrew McDermott. Chairperson Orono ’s Park, Open Space and Trail Commission Subject: Talking Points for February 22.1999 Council Meeting B. C. D. Park, Open Space and Trail Commission's Goals and Objectives for 1999-2000. Seven Nations/Dickey Park, Potential Name Change and Construction Proposal Navarre Park and Community Neighborhood Meeting. Presentation by Rick Meyers at the February Park Commission Meeting Friends of the Park Awards, for 1998, (nominations) Acknowledgment of Adopt a Park Volunteers for 1998. Proposed Ceremony/Reception before April 22 Council Meeting E. New Highway 12, Park Commission, Park Open Space and Trail Goal F. Saga Hill Neighborhood Park. Status of Fund Raising Below are details for each of the above six talking points A. City Council & Park, Open Space and Trail Commissions Objectives & goals for 1999-2000 and beyond. The park commission concurs with the following goals the City Council conveyed at the December City Council meeting. Short Term Goals 1999-2000 1.Soring Hill Trails Complete Trails in 1099 -1- 02/19/99 11:09 FAX 012 713 5291 FWS KNGIM-KKINC * fSooar 2. Seven Nations Park/Dickev Park The Park Commission v •'! finish planning and designing of this park in 1998 In 1999 the City wm commence with the cleanup and construction. 3. Eisoner Property - Community Plav Field The Park Commission will, unless told otherwise, begin the planning process to develop a Community Park, with playing fields being the primary focus of this park. Evaluate and identify the current and future recreational needs of Orono. Identify what the countries ’ current recreational trends are. The Park Commission will determine to what extent this property will fulfill these recreation objectives. The Commission will evaluate the proposed Orono & Mound Westonka school systems recreation improvements to their property during the next ten years. The Eisgner Community Park will be designed and developed to complement and provide recreation opportunities tnat the school districts and the surrounding communities cannot. 4. Navarre Park Improve the appearance and condition of the existing Navarre Park and the other city parks in the surrounding Navarre community, 5. Comprehensive Plan The Park Commission, if necessary, will assist the City with their effort to update the Comprehensive Plan 6. Saoa Hill Park and Natural Area The Park Commission will support the City with their goal to obtain the best solution for access to the existing and proposed Saga Hill Park & Natural Area. When the City reaches an agreement and negotiates a solution with the church and neighborhood, the Park Commission will then start the process to, evaluate the recreation needs of the Community and the Saga Hill neighborhood. The Park Commission will identify the assets the Saga Hill Park can offer, compare them with the community needs and proceed with the planing, designing and constructing this park and natural area that will meet the needs of the community. Long Term Objectives 1999 and beyond 7.Open Space Navarre/South West Orono Area The Park Commission will work with the City to identify existing open space and recommend what parcels the city should obtain. The Commission will also support the City and assist them, when necessary, to acquire additional active Park & Open Space. 02/19/99 11:10 FAX 612 713 5291 FWS f.NGlNEEKlNG @004 8. B 9. Dakota Rail Bike Trail The City Orono has identified the Old Great Northern/Dakota Railroad as a potential regional Bike & Walking trail. The proposed trail would extend from Wayzata through Minnetonka Beach. Orono/Navarre. Spring Park, Mound and terminate in Hutchinson. Orono’s Park Commission will appoint members to represent Orono as a member of a multi city trail planning committee. Orono’s objective is to develop a working relationship with the cities affected by the railroad and partner with Hennepin County to develop this railroad property into a trail. This committee will prepare the cities, if the opportunity to convert the railroad to a trail materializes, to act in an informed and unified effort to acquire the railroad land. City Trail System The Park Commission will continue to look for opportunities to develop trails that are currently identified on Orono’s Bike & Walking Trail Plan. Seven Nations/Dickey Park, Potential Name Change and Construction Proposal Greg Gappa prepared a five-year development proposal to develop and start construction of this park in the spring. The Council should have received a plan of the proposed construction from Greg. This park will be a passive park as originally planned with trail connections to Old Crystal Bay Road to the west and the Thoroughbred development to the east. The neighborhood met with the me and other members of the commi:.,sion several times and when the plan was presented they enthusiastically endorsed it. They also thanked *he Park Commission and the City for listening to them and developing a park that met both their wishes and the Cities objectives. Orono must first hire a consultant to do an Archaeological Investigation of the site because of what this possibility that native Americans may have been buried on this site. Cost to develop this park appears expensive for Orono but low compared to what other surrounding communities spend. For Example Wayzata plans to spend this year $335,000.00 renovating Memorial Park, which is located on Central and Wayzata Blvd. Name change, what is the Councils thought about this name or any other name? -3- 02/19/99 11:10 FA.\ 612 713 5291 FWS FNCINEEKINC • @005 C. Navarre Park and Community Neighborhood Meeting and presentation by Rick Meyers at the February Park commission Meeting. Navarre Area Resident Meeting, South West Orono, (about 15 persons) attended this impromptu meeting on Nov. 28‘*' 1998 at Cuivers Restaurant. The City was represented by the Mayor, Council Member Flint, Park Commission Chair McDermott and Council Member Elect Sansevere. The following items were discussed: Walgreens/Church property development, Navarre Park, Potential “Village Green,” County 15 & 19 landscaping and esthetic Improvements, the condition of municipal parking lot and overall dissatisfaction with the City due to the apparent lack of direction and care about the Navarre Business District and residents. Rick Meyers followed up this meeting and by presented a slide show of the Navarre area and compared Navarre to other neighboring communities recreation and appearance. He again expressed similar concerns about this section of Orono and lack of park facilities in this area. The following Is a summary of his presentation. 1. 2. Trail: Navarre residents would like the Park, Open Space and Trail Commission to designate a Bike Trail/Walking path from the intersection of County 15/19 through former Navarre Lane to Olive Avenue. This trail would continue along the wetland to Lafayette Ridge Court/Kenwood Avenue (Minnetonka Beach Orono border). The preferred route at 15 & 19 Is through the proposed Church development between Culvers Restaurant property and the Church property. Navarre Park the neighbors feel the park is a good example of Orono's lack of concern with the Navarre area. The equipment is old, broken and outdated. The neighbors and Mr. Meyer had the following suggestions for park improvements. a. b. Install a split rail fence along the rear property line. Leave openings along it so adjacent property owners can access the park. Remove ugly silver chain link fences, replace with split rail when necessary and/or a combination of split rail and brown or a green wire fence if only required for safety reasons. Provide openings in the fence along County 19. -4- •02/19/99 11:11 FAX 012 713 5291 FHS FNGINFER INC 12 000 c. Landscape and open the corner, plant flowers around ‘ Welcome to Navarre ” sign & “Navarre Park” sign. Install paths with benches and maybe a flag pole. This is one of the “gateways ” to the Navarre shopping district d. Update the play equipment that was originally installed in the early 70 ’s with new equipment. Homes in this area the last few years have been bought by young couples with children. e. Extend the sidewalk along County 19 at least an additional block to the north so It will run along the park property. Connect this sidewalk to other sidewalks within the park. f. Expand Navarre Park toward the parking lot and relocate the street and/or expand the park into the surrounding neighborhood. Another possibility would be to give the residents additional parks and/or recreation opportunities. 3. Navarre Municipal Parking Lot/Park Parking Lot d. Fix parking lot, repaint stripes and pick up rubbish weekly. e. Fix up and/or screen the back of the stores & trash containers. Pick up construction debris, pipes, gas cans, gas meters etc. f. Landscape Parking Lot, tree islands, and fix back of stores seen from County 19 County 19 is one of the major "gateways" to Navarre. Separate the park parking from general parking. g. Navarre Business District: Plant Trees, install benches, plant flowers. Improve store fronts. Develop a business district objective, with tax increment financing etc. go after development for this area. Develop a master plan and develop a business district with a small town appearance similar to Excelsior and not a strip mall like the south side of Hwy.12 In Long Lake. Why should the city improve Navarre park and offer additional recreation opportunities? a. b. Over 400 homes/families are within one mile of Navarre Park and live In the Navarre area or over 1,100 men women and children. Over 1/6 of Orono's current residential lots are within one mile of Navarre Park. -5- 02/19/99 11:12 FAX 612 713 5291 FWS FNCINFFKINC •@007' c. This area has the smallest size residential lots eliminating the possibility of recreation on individual lots. (One of the previous park goals in the old comp, plan Is that individuals would recreate in their own yard.) This is doabl^' on five acre lots but not half acre lots. D. Friends of the Park Awards, for 1998, (nominations) Acknowledgment of Adopt a Park Volunteers for 1998. Proposed Ceremony/Reception before April 26“* Council Meeting a. The park commission has the following Nominations for the “Friends of Orono's Parks Award. Lake Minnetonka School Students for their work on the March for Parks weekend last April. Antoine neighborhood for their redevelopment effort for Antoine Park Acknowledgment of Adopt a Park Volunteers for 1998. With the work the adopt a park volunteers did over the last year the park commission would like the Council formally recognize their work. The Park Commission would like to Install signs in all of the adopted parks to recognize the families or organizations who have assisted the city with the maintenance of our parks. (Signs would be similar to the “adopt a highway" except the signs would be smaller) Award Ceremony The park commission this year, due to the suggestion of Councilmen Sansevere, would like the Mayor and entire City Council to present the awards and acknowledgments at or before the April 26"’ Council Meeting. E. New Highway 12 Park Commission Park Open Space and Traii Goals Now that the boundaries are. or will soon be finalized, the Park Commissioners would like the opportunity to identify potential areas that the City could negotiate with MOOT to develop parks, and trail connections. One example would be adding a trail around and through the proposed holding ponds south of the RR tracks and between Willow and old Crystal Bay. This trail could connect Willow and Old Crystal Bay Road. Another possibility would be a trail along the new highway from Old Crystal Bay Road to the proposed community play fields. F.Saga Hill Neighborhood Park The neighborhood is running out of time and potential donors to raise the funds to purchase the proposed additional land for the Saga Hill Scenic and Natural -6- L. .02/19/99 11:13 FAX 612 713 5291 F«s i;ncineeuing ©oos Area. Their purchase agreement expires toward the end of March. The Saga Hill Preservation society requested the Park Commission to recommend to the council that the City allocates funds to supplement the money they have raised so far by grants and donations. Their fundraising might be between 40 and 48 thousand below their goal. The park commission has mixed thoughts both “pro" and "con"about this request. Con: The city has limited funds available for land acquisition and there are other areas of the city such as Navarre that has a greater need for additional open space. This Saga Hill Currently has 9 acres of land for recreation and an additional amount of open space. The land they want to purchase is not itself unique or environmentally significant. Pro: This is a “once in a lifetime ” opponunity to purchase land to expand this Park. The city for a very reasonable price of $6,000.00 per acre or $48,000.00 for $215,000.00 worth of land can expand the size of this park to over thirty acres. This will help reduce or possibly eliminate the potential storm water management problems in this area. This will also solve the need to expand or modify the city sewer boundaries. -7- f./cpT|^JG FEB 2 2 im bi I T ur unv->iMV) REQUEST FOR COUNCIL ACTION DATE: ! 17 ITEM NO.: 3 Department Approval: Administrator Reviewed: Agenda Section: Name Liz Van Zomcren Zoning Title City Planner Item Description:^2308 Tonka Ventures, LLC/Brook Park Realty, Inc. 3700-3760 Shoreline Drive Class III Subdivision & 29 unit Planned Residential Development RESOLUTION 2^ning District:LR-lC-1 Lot Area:9.9 acres total, 2.2 acres wet, 7.7 acres dry Application: The applicants applied in September 1997 for preliminary plat approval of a 30 unit planned residential development. The Planning Commission reviewed the application in October and November 1997. The City Council reviewed the plan on December 8, 1997, and January 26, 1998. On December 1, 1998, Judge Charles A. Porter, Jr. granted a judgment in favor of Tonka Ventures, requiring the City to approve the development application. The Council has reviewed the major elements of the site plan, and has directed staff to bring the preliminary plat forward for Council action. The preliminary plat has been revised from 30 units to 29 units to preserve more trees. A revised landscaping plan has also been submitted, however, it was received on 2-18-99 and has been sent to the city's planning/landscape architect consultant for review. COUNCIL ACTION REQUESTED: Motion regarding the attatched preliminary plat and planned residential development resolution. Attachments: A RESOLUTION GRANTING APPROVAL OF A PRELIMINARY PLAT AND 29 UNIT (TOWNHOMES) PLANNED RESIDENTIAL DEVELOPMENT AT 3700-3760 SHORELINE DRIVE FOR BROOK PARK REALTY - FILE NO. 2308 WHEREAS, Brook Park Realty, LLP, the applicant and Tonka Venture, LLC, the owner, (hereinafter the "subdivider") on September 15, 1997, filed a formal subdivision application with the City for approval of a 30 unit Planned Residential Development of property legally described as; Lots 2, 3 and the West 6.29 feet of Lot 4, Block 9, Townsite of Langdon Heights, according to the plat of record thereof, 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 public hearings on October 19, 1997 and November 17, 1997, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on December 8, 1997, the Orono City Council considered the subdivision application of Brook Park Realty noting the following findings of fact: 1. 2. The property is located in the LR-lC-1, One Family Lakeshore Residential Zoning District. The property contains 432,666 sq. ft. or 9.9 total acres, of which 98,970 sq. ft. or 2.2 acres are wet and 333,696.1 sq. ft. or 7.7 acres are dry. The amount of land dedicated to roads is 1.1 acres. At the time of application. Section 10.55, Subdivision 15, provided for residential properties served by municipal sanitary sewer a limited density credit as part of the minimum lot area for purposes of complying with the land use Page 1 of 11 density of the zoning requirements. The owner or developer may be credited with an amount of land within the Flood Fringe District, equal to, but not exceeding the amount of adjacent land. Such credit shall be conditioned upon dedication of perpetual open space and flowage easements to the City over all protected areas so utilized for density credit. At the time of application, the LR-lC-1 zoning district provided a credit to increase by 50% the density, subject to compliance with the following criteria: A.All provisions of the Planned Residential Development are met (Section 10.32). B. Public sanitary sewer is available. C All dwelling units are attached but not more than 4 (four) units allowed per structure. D. The maximum height shall not exceed 30 (thirty) feet. E. No more than 35% of the zoning lot is hardcover. F.A minimum of 2 (two) parking spaces are provided for each dwelling unit. At least one parking space shall be enclosed and attached to the principal structure it serves. The planned residential development shall include the following setbacks: A. B C. A 15' front yard setback from Livingston Avenue where 30' is required. A 22' front yard setback from the private drive serving Blocks 3 and 4 where 30' is required. A 35' rear yard setback from the railroad right-of-way where 55' is required per Section 11.33, Design Standards, Subdivision 2 (A). A 30' side yard setback from the east property line where 10' is required. Page 2 of 11 E. A 15' setback from the east property line for the hammerhead at the end of the private drive where Section 11.32, Subdivision 2, On Site Roadways, (H) (2) requires the terminus of a permanent dead-end street to be 50' from a boundary line. 5. The planned residential development proposes 29 townhome unit? as follows; Block 1, Lots 1-12 Block 2, Lots 1-7 Block 3, Lots 1-3 Block 4, Lots 1-7 Blocks 1 and 2 shall have access from Livingston Avenue as shown on p. 4 of the preliminary plat dated 9-25-97, most revised date 2-4-99, as prepared by Westwood Professional Services, Inc. 6. The proposed plat includes a 50' right-of-way to extend Livingston Avenue. The minimum paved width shall be 32', in accordance with the residential public street standards as set forth in Section 11.32, Subd. 4. 7. The proposed plat shall include a 30' private road right-of-way to serve Blocks 3, Lots 1-3, and Block 4, Lots 1-7. Within the 30' outlot, the minimum paved width shall be 22' where Section 11.32, Subd. 4, requires a private street vsdth over 10 units to provide a 50' right-of-way and a minimum paved width of 22'. The reduction in the required paved width, from 28' to 22' shall be allowed to preserve mature trees in Outlot B. 8 The subject property is deciduous woodland with large oak, sugar maple and American basswood trees. The planned residential development is designed to maximize preservation of mature trees. The subject property contains two isolated wetlands. The larger wetland at the south end of the parcel is a designated Department of Natural Resources Protected Wetland (Type 3 shallow marsh PEMIF) and is subject to Department of Natural Resources regulations below the Ordinary High Water Level (OHWL). The northwest comer of the property is a Type 7 wooded swamp (PFOSC). Page 3 of 11 10.Concurrent with the subdivision application, the subdivider has also submitted 29 unit townhomean application for a Planned Residential Development for a ! development; and ^ ^!ty errored in - its compliance with Minnesota StatutesWHEREAS, the requiring action on an application within sixty (60) days unless the City extends the review period in writing; and WHEREAS, an order by Charles Porter, Jr., Fourth District Court has required the City to approve a preliminary plat and planned residential development without the ability to work with the applicant to address concerns such as the need for a second access onto County Road 15; ^ \ A 0^-^, 2.Sanitary sewer and water main designs shall be provided with the final plat set to be reviewed by the City Engineer. Service locations should be shown on the final plans with sanitary services located 3' downstream from water services. Sanitary sewer and water flow capacities meet all requirements. Page 4 of 11 •) '^0W,'^fHER^0WE, BE IT RESOLVED, that based upon one or more of j the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat and planned residential development for Brook Park Realty/Tonka Venture for the property located at 3700-3760 Shoreline Drive per the survey dated 9-25-97 and most revised on 2-4-99 by Westwood Professional Services, Inc., for a 29 unit townhome development, subject to the following conditions: ^ ^ ^ ^ 1 . The Department of Natural Resources (DNR) should be asked to determine the Ordinaiy High Water Level (OHWL) of Basin 27-914W. The proposed roadway will need to be realigned if any portion encroaches below the OHWL. A formal wetland delineation should be conducted to determine the extent of the Wetland Conservation act (WCA) wetlands. The drainage area map shall include the boundary for flows to the northerly wetland and CB55 to verify that the proposed 12-inch RCP under Livingston Avenue is adequate. The City Engineer shall review and approve pipe grades, erosion control measures, pond outlot controls and weir design. The proposed radius of Livingston Avenue shall be 150' instead of the required 275' (30 mph design) to allow the proposed street to be aligned to the north side and around the west side of five very large, significant oaks and maples. Reduced speed signage will be required. The subdivider shall provide typical street sections for Livingston Avenue and the private drive. A geotechnical analysis and R-value shall be submitted for review and approved by the City Engineer to verify the proposed pavement design. Final plat set to indicate the construction of a 32' wide bituminous paved public road with concrete curb and gutter and storm sewers from the end of the existing developed Livingston Avenue west along the 50 foot wide dedicated right-of-way for a distance of 570 feet. A 40 foot radius cul-de-sac shall be constructed at the west end of the northern set of buildings. This cul-de-sac shall be removed when the street is extended to the west property line. The subdivider shai's plat a 30' private road outlot. Within the outlot the subdivider shall construct a 22' wide paved driveway off of the Livingston Avenue public road extension to serve Blocks 3 and 4. A hammerhead design turnaround shall be constructed at the end of the private driveway. Maintenance of the private road/driveway shall be per the terms of a private road/driveway maintenance covenant and shall be the responsibility of the subdivider/homeowner’s association The public road and private road/driveway shall be constructed at the sole expense of the subdivider. The subdivider shall provide a financial guarantee in a form acceptable to the City for the construction of the remainder of the public street along the dedicated right-of-way to the west property line. This road extension to the west pioperty line shall be constructed when the adjacent property to the west is redeveloped. ^ ^ ^ ^ V/^ XV‘> ( 31><X V- . pag'eSofll>.v^f 6. 8 The subdivider shall dedicate drainage easements over the wetlands, ponding area, and the portion of the storm sewer which is located outside of the right-of- way. The subdivider shall grant flowage and conservation easements over all designated wetlands. The subdivider shall dedicate an additional 7' of right-of-way along CSAH 15 (Shoreline Drive) for a total of 40' from the centerline. This area will accommodate utilities, snow storage, signage or other public uses. The subdivider will obtain appropriate permits from Hennepin County prior to construction within the County right-of-way. All areas within the County right- of-way disturbed during construction will be restored. The subdivider shall protect all trees and wooded areas that are to be preserved by fencing at the drip line prior to commencing construction. Good construction management and arborist practices shall be observed to minimize the potential for infection and spread of oak wilt. The subdivider shall configure and construct the pond as a natural feature. The perimeter of the pond shall be treated as a natural edge and planted with appropriate native grasses, deciduous trees and shrub masses. The subdivider shall minimize grading impacts on the site. Low, curved retaining walls shall be used to lessen grading impacts to preserve natural features. The retaining walls shall be constructed of a permanent material that blends with the natural setting. Timber walls shall not be allowed. The subdivider shall submit an internal walkway layout that is compatible with the wooded area. Paved trail connections shall be provided between Block 2 and 3 and Block 2 and 4 walkways. The trails shall follow the existing trail alignments. A trail linkage from the project area to CSAH 15 (Shoreline Drive) shall be evaluated. The trail plan shall be reviewed and approved by the Public Services Director. The subdivider shall provide a lighting plan to be reviewed and approved by the Public Services Director. Page 6 of 11 14. The subdivider shall provide a signage plan for entry signs and monuments prior to construction, subject to review and approval by the Public Services Director. 15. The subdivider shall provide a plan for mailbox location and treatment to be reviewed and approved by the Public Services Director. 16. The subdivider shall submit a landscaping plan after tree removal, grading and rough framing have been completed in order to evaluate the site conditions and determine the need for more landscaping and screening. The landscape plan shall be reviewed by the City's consultant and reviewed and approved by the City Council prior to certificate of occupancy being issued. 17. The subdivider shall identify all junk, debris, or hazardous materials on the site and document, remove and dispose of the materials in accordance with ail applicable rules, guidelines and laws. No cut trees, timber, debris, earth, rock, stones, soil, junk, rubbish, or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy. 18. The subdivider is hereby advised that preliminary subdivision approval will expire within one year of the date of Council approval, February 22, 2000. If the subdivider fails to complete the final plat within one year, a new application will be required. 19. Subdivider is hereby advised that the City cannot grant final plat approval until a permit from the Minnehaha Creek Watershed District has been approved for all grading and drainage improvements on the property. The following list of final submittals must be submitted to the Zoning Administrator 30 days prior to the regularly scheduled Council meetings. Required 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 Westwood Engineering, Inc. dated September 25, 1997, most revised date February 4, 1999. Page 7 of 11 B. C. E. Dedication of "drainage and utility easements" 10' wide along the exterior boundaries of property. Dedication of 7' of right-of-way to Hennepin County along CSAH 15 (Shoreline Drive). Dedication and designation of drainage easements over the stormwater pond. Dedication of Livingston Avenue extension at 50' width to west property line. F. Naming of plat. 2. Legal documents required; A. B. 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. The applicant to provide certified copies of all recorded easements currently affecting the property. 3. 4. 5. 6. 7. Signed and executed drainage and utility easements. Signed and executed developer's agreement and letter of credit for required site improvements and construction of roads and driveway. Signed and executed declaration of private road/driveway agreement and drainage facilities maintenance covenants. Covenants shall also specify the relationship of ownership. Signed and executed flowage and conservation easements Declaration of restrictive covenants for aesthetic and operational constraints for the development, including removal of additional trees or woods, prohibiting outdoor and recreational vehicles, accessory structures, use of shared commons, and limiting the number and size of vehicles parked in the driveways on an ongoing basis. Page 8 of 11 8. Signed and executed covenants for open space for Outlots A and B 9. Signed and executed copy of the Homeowner's Association agreement. 10. Fees to be paid; Total due: $72.626 00 Final plat fee = $200.00 B Legal review and filing fees for subdivision and associated documents $200.00 C. Park dedication fee = 8% of $238,000.00 = $19,064.00 Sewer and water charges: Sewer: $51,377 Water; 1,785 Total $53,162 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 22nd day of February, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Applicant Property Owners Page 9 of 11 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of February, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 10 of 11 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of____, 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of____, 199 _before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of_____, 199 _before me a Notary Public within and for said county, personally appeared known to me to ^ the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 11 of li * Westwood Professional Services, Inc.A Fcbruan- 8.1999 Liz Van Zomcrcn Cit>’ Planner/Zoning Administrator Cit>’ of Orono 2750 Kcllcv Parkvvav Post Office Box 66 Cnstal Bav, NIN 55323 104 Marty Drtve. Suite 3 Buffalo. MN 55313 Fhont: S12M2-2S87 Far 612-682-2639 Toll Free: 1-888 682-2587 Email: wps9westwoodpkCom Ref: #2308 Lake Minnetonka Woods Revised Prcliminarv- Plat Submission Dear Liz; Please find enclosed 8 sets full size and 1 set 11” x 17” reduced set of the revised preliminarv' plat drawings for Project #2308, LAKE MINNETONKA WOODS, for your review and approv al. All drawings have been revised per our conversations with the City’s Administrator. Ron Moorsc. to eliminate one townhome unit(lot 4. block 3). in order to allow the preservation of 2-3 large basswood and maple trees. The utility plan has been revised to increase the proposed watermain in Livingston Avenue from a 6” to an 8” main, to improve the interim water pressure and flow rates. The Landscape plan is being rev ised to add more planting/trces in front of lots 1-12. block 1 and lots 1-7. block 2. in an effort to break up the V isual impact of 19 diiv eways in close proximity to one another. The rev ised landscape plan will be submitted to you directly b>’ the landscaper, Tim Beckman of Great Northern Landscapes. We respectfully request the city’s review and approval of the revised preliminary plat doctunents. at the ne.xt meeting of the citv’ council. Should you hav e any questions, please call. Sincerely. WESIWOOD PROFESSJPNAL SERVICES. INC. Francis D. Hagen. II. P.E. Enclosures cc: Bill Gleason. Brook Park Realty, LLP John Gleason. Eagle Crest Homes Joel Buttenhoff. Tonka Ventures Ottijnmg ih» fuiui* Today .iiiK* '9^2 To: From: Date: Subject: Ron Moorse, City Administrator Liz Van Zomeren, City Planner/Zoning Administrator Greg Gappa, Director of Public Services Tom Kuehn, Finance Director Michael P. Gaffron, Senior Planning Coordinator Febniary 19,1999 Sewer & Water Connection Fees - 1999 Update/Corrections #2263 Brook Park Realty - 3700-3760 Shoreline Drive - PRD Proposal Legal Description: Lots 2 and 3, Block 9, Townsite of Langdcn Park B Parcel Identification: Lot/Block West 1/2 Lot 2, Bl. 9 East 1/2 Lot 2, Bl. 9 North 2/3 Lot 3, Bl. 9 South 1/3 Lot 3, Bl. 9 PINS 17-117-23 34 0005 17-117-23 34 0006 17-117-23 34 0007 17-117-23 34 0008 Plat/Parcel 42420 - 4300 42420 - 4350 42420-4410 42420 - 4420 I.Basis for Review: Although sewer (1963) and water (1970) were previously assessed to this property to some extent, the assessed-for facilities do not provide readily accessible service to the rear of the property where development will occur. However, easily accessible sewer and water lines were constructed in 1982 as part of the Schlee Builders twinhome project. The Brook Park property was assessed a partial area sewer trunk charge for this 1982 project (as were all properties in the defined trunk service area), but no unit, bypass, plant or lateral charges, and no water charges. Per Council Resolution #1412 adopted September 13,1982, these 1982 facilities were intended to serve the development on the Brook Park properties and it is reasonable that Brook Park pay the current (1999) sewer and water connection charges for the 1982 facilities that will be used, less credit for the 'current value' of assessments paid for the portions of tlie 1963 and 1970 projects that will not be used. II. Summary of Connection Charges Due (Based on the 29-unit development) Sewer: Water: Total: $51,377. L785 S53,162. Note: The property was assessed for road improvements in 1982, for the portions of Livingston Avenue which will serve the property, per Resolution #1412. The property was not assessed for storm sewer constructed in that 1982 project, and will only be required to pay a storm sewer connection charge if it makes use of that system. Page 1 of 4 Following is an analysis of the sewer and water connection charges. III. Sewer Connection Charge Analysis 1963 Sewer Assessment: 1 . Trunk Sewer TS 63-lB (Levy #3302) Assessed at $110.00 per acre Total Assessed $ 259.60 166.10 394.90 Plat/Parcel Area 42420-4300: 2.36 ac 42420-4350: - 42420-4410 1.51 ac 42420-4420 3.59 ac_______ 7.46 ac $ 820.60 (Note: This assessment was for the main sewer trunk in County Roads 19 and 51 which serves the entire southwest portion of the City) 2. Lateral sewer LS-63-IB (Levy # 3307) Assessed at $8.00 per front foot Plat/Parcel 42420-4300 42420-4350 42420-4410 42420-4420 Footage 132.0’ 50.0’ 182.0’~ Total assessed $ 1,056.00 400.00 $ 1,456.00 Current Value for 1963 Sewer Lateral: $ 7,063. Value per 1997 Fee Schedule: $37.20/front foot 1.0275 inflation factor used for 1998: $37.20 x 1.0275 = $38.22/front foot 1.0155 inflation factor used for 1999: $38.22 x 1.0155 *=$38.81/front foot 1963 Sewer Current Value: 182.0' x $38.81 *» $ 7,063.00 1982 Sewer Assessment: Original Project Assessment Amounts: Trunk Area Charge (82-1B, Levy # 9086): $2,000.00 per acre Trunk Unit Charge (82-1 A, Levy # 9085): $ 760.00 per unit Trunk Bypass Charge (82-1 A, Levy #9085): $ 150.00 per unit Sewer Lateral Charge (82-1 A, Levy #9085): $1,851.82 per umt Page 2 of 4 Actual 1982 Assessed Amounts; PINS# 17-117-23 34 0005 17-117-23 34 0006 17-117-23 34 0007 17-117-23 34 0008 Trunk Area Trunk Unit Bypass Lateral 1.34 ac = $ 2,680.-0--0-NA 1.43 ac= 2,860.-0--0-NA -0--0--0-NA 3.13 ac= 6.260. 5.90 ac = $11,800. -0--0-NA Development of the subject property is not responsible for the 1982 Sewer Lateral Charge, since the cost of the laterals constructed in 1982 was spread over the properties they directly served. The original Trunk Unit charge of $760. per unit has inflated to $1,140. per unit in the 1999 fee schedule and is due for this new development, as is the LS #6 Bypass & plant unit charge of $460. per unit as indicated in the 1999 fee schedule. Also, because the proposed development density uses credit for the wetland area (allowable because it is sewered property), an incremental Trunk Area charge of 9.9 ac- 5.9 ac= 4.0 acres should be charged at the 1999 rate of $3,010. per acre. Sewer Connection Charges Summary (Calculation based on 29 units) Trunk Unit & Bypass: $1,140. + $460. = $1,600. per unit x 29 units = Trunk Area: $3,010./acre x 4.0 acres = Less credit for LS-63-1B lateral sewer Total Sewer Connection Charges Due $46,400. . 12.Q4.(L $58,440. ( 7.063.^ $51,377. Page 3 of 4 IV. Water Connection Charge Analysis 1970 Water Assessment: Project 1970 LW-1 (Levy # 5383) Original Project Asessment Amounts:$580.00 per residential unit $870,00 per commercial unit $ 5.80 per residential front foot $ 8.70 per commercial front foot 4300 4350 4410 4420 132.00’ 5 comm'l 132.00’ 5 comm’l 264.00' 3 comm’l 7 comm'l $ 1,148.40 $ 4,350.00 $ 1,148.40 $ 4,350.00 $ 225.00 $ 2,296.80 $ 2,610.00 $ 225.00 $ 6,090.00 $ 5,498.40 $ 5,723.40 $5,131.80 $ 6,090.00 1970 Property Assessment: Item Parce Assessed footage: Assessed units: Footage amount: Units amount: Oversize Service @ $225. 1 ot: ’ assessed by parcel Totnl 1970 Water Assessment: $ 22,443.60 Note that the value of commercial units was 1.5 times the value of residential units, so the 20 total commercial units assessed is equal to 30 residential units. Therefore, if the water system in Shoreline Drive is used, there will be no water connection charge since the property has been fully assessed for 30 residential units. 1970 LW-1 Water Current Value (per 1999 fee schedule): 30 residential units x $2,130.00 per residential unit = $ 63,900.00 528 front feet x $ 21.20 per front foot = 11.194.00 $ 75,094.00 1982-1A Navarro Water Project Original Charge (1982): $ 1,566.51 per unit (Subject property was not assessed for 1982 water project) Current Charge (per 1998 fee schedule): 1982-1A Navarro Water connection cl'arge: $ 2,265.00 per unit Sample Water Connection Charge Calculation (If Navarro Water is Used): 29 units X $ 2,265.00 per unit = $65,685.00 Credit for 1970 units paid = 63.900.00 Totai''-^ater Connection Charge Due $ 1,785.00 Since the lateral system in Co. Rd. 15 provides value to the property for fire protection, etc, no credit f^r the 1970 lateral charge would be granted, Wat' r Connection Charge Due (Based on 29 unit development) = $1,785. Page 4 of 4 Application Date: Completion Date: 60 Day Deadline: 10/21/98 1/22/99 3/23/99 FEB 2 2 IJ99. v-ii r ur t^nui^U REQUEST FOR COUNCIL ACTION DATE: 2/18/99 ITEM NO = a Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2440 Robert and Nancy Lux 1209 French Creek Drive Variances Zoning District: RR-IB/PRD One Family Lakeshore Residential District (2 Acre) Lot Area:59314 square feet (1.36 acres) Application: The applicant has applied to the City for variances to permit the construction of a swimming pool and terrace area with a patio to the rear of the existing residence. The proposed pool would be located 28' from the rear property line. Typically patios are not defined as encroachments into yard setbacks, however, when the patio is connected to a pool terrace the Code states all that portions of the patio are considered structure. The lot is located in the French Creek Subdivision which was developed as a Planned Residential Development (PRD) south of French Lake. The setbacks and lot sizes for the PRD have been established in Resolution Number 1692. The side yard setback for all lots is 25', and the front and rear yard setback is 35'. The subdivision occurred creating lots under two acres, however the density for the RR-IB (2 acre) zoning district was maintained as a result of establishing a large common area around the development (Outlot B, French Creek). The common area is owned by all property owners in French Creek and is controlled by the homeowner's association. A landscape pond has been developed at the north end of the property. The landscape plan proposes altering the pond. It would now encroach over the applicant's property line onto Outlot B. This would require a conditional use permit, which has not been applied for. The conditional use permit would be to allow grading within 5' of a property line and land alteration to exceed 10 cubic yards within 75' of the Ordinary High Water Level (OHWL) of 930.0' for French Lake. If the landscape pond is applied for and approved the conditional use permit would be filed on the chain of title for all properties with ownership in Outlot E. The homeowner's association has considered and approved the proposed landscape plan. A copy of the letter addressed to the City is enclosed as Attachment J. 1 i This application requires the following variances: 1.A variance to the PRD approval resolution number 1692 to allow a rear yard encroachment. The applicant has proposed a 28' rear yard setback to allow a pool and patio where 35' is required. 2.Section 10.56, Subdivision 16 (C) (1) Structural setbacks for Natural Environmental Lakes: To permit a swimming pool and patio to be setback 91' from a Natural Environment lake where 150' is required for structure. The lot was developed in 1985 prior to the adoption of the Shoreland Ordinance (1992). The Shoi’eland Ordinance created a 150' structure setback from Natural Environment lakes, whereas, 75' was required before 1992. The ordinance was adopted with the understanding it would create non-conforming lots in the French Creek Subdivision. The subject property owner's house now encroaches into the required 150' setback. Prior to the adoption of the Ordinance the lot was conforming. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 4 to 0 vote to: Approve the variances as proposed, STAFF RECOMMENDATION: To recommend approval of the variances to permit the swimming pool and attached patio structure. COUNCIL ACTION REQUESTED To adopt or amend the enclosed resolution, ANALYSIS Lot Area and Yards LR-IC (1/2 acre) Lot Area Lot Width Lakeside Yard Side Yard Front/Rear Yard Required PRD 200’150’25'35 ’ Proposed 59,314 s.f 275'91 ’80'28' Rear Setback The applicant has proposed a 28' rear yard setback to allow a pool and patio where 35' is required. The new structure would be located entirely behind the residence out of view from neighboring property owners. The property' also contains solid tree lines along the property boundaries that would create a visual barrier to the applicant's property. The back yard setback is established to maintain separation between homes. No residence is located behind the applicant's home. The common area and French Lake are located is this area. The nearest residence to the north is located on French Lake Road, north of French Lake. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0-75’5,456 s.f.0 s.f.none 0 s.f none (0%)(0%)(0%) 75-250'49,708 s.f.10,664 s.f 12,427 s.f 12,314 s.f none (21.5%)(25%)(24.8%) 250-500’4,150 s.f.415 s.f 1,245 s.f 279 s.f none (10.0%)(30%)(22.4%) 500-1000'0 0 0 0 none (35%) The applicant's have developed a plan that would meet all hardcover requirements. Structural Coverage Total Lot Size Total Structural Coverage Percentage 59,314 s.f.Existing; 6,752 s.f. Proposed: 8,310 s.f. 11.4% 14.0% No lot coverage variances would be required. STATEMENT OF HARDSHIP The applicants have included their statement of hardship as Exhibit A. The applicants should also be asked for their testimony regarding this issue. Issues 1. 2. 3. 4. 5. French Creek was developed as a Planned Residential Development meeting the density requirement for the RR-IB (2 acre) zoning district. A large common area was dedicated as open space in the development, and each lot was between 1 and 1.5 acres. The front, rear, and side yard setbacks were changed to reflect the smaller lot sizes in the Subdivision. The proposal would require an encroachment of 7' into the rear yard setback. The new structure would be located entirely behind the residence out of view from neighboring property ovsmers. The property also contains solid tree lines along the property boundaries that would create a visual barrier to the applicant's property. The back yard setback is established to maintain separation between homes. No residence is located behind the applicant’s home. The common area and French Lake are located is this area. The nearest residence to the nonh is located on French Lake Road, north of French Lake. The property was developed prior to the adoption of the Shoreland Ordinance. A large portion of the lot, including the existing home encroach into the 150' structure setback from Natural Environment Lakes. The back yard is the most appropriate location for a swimming pool as the noise and activity would be to the rear of the house and not exposed to the street. If the applicant intends to alter the landscape pond a conditional use permit must be applied for and approved by the City Council. STAFF RECOMMENDATION Staff is recommending approval of the variances from the Natural Environment structure setback of 150' and from the rear yard setback requirement of 35' established by Resolution Number 1692 to allow a swimming pool and patio area to be located 91' from French Lake and 28' from the rear property line per the site plan dated January 21, 1999 based on the following hardships; 1.The property was developed prior to the adoption of the Shoreland Ordinance resulting in a non-conforming structure. 2.The swimming pool and patio could be located elsewhere on the property, however locating the structure in the rear yard would be in keeping with the essential character of the locality, and would concentrate the activity and noise of a swimming pool area behind the residence screened from neighboring property owners. Attachments A B C D E F G H I J K Application Site Plan/Survey Plat Map Location Map Site Topography Plat of French Creek Hardcover Worksheets Property Owners List Resolution Number 1692 Homeowner's Association Letter Permit Record A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.56, SUBDIVISION 16 (C) (1); AND SECTION 10.32, PLANNED RESIDENTIAL DEVELOPMENT REQUIREMENTS PER RESOLUTION NUMBER 1692 FILE #2440 WHEREAS, Robert Lux and Nancy Lux (hereinafter "the applicants") are owners of the property located at 1209 French Creek Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 2, Block 1, French Creek, Hennepin County, Minnesota Ciereinafter "the property"); and WHEREAS, after due and 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 February 16, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.56, Subdivision 16 (C) (1) to permit a pool and associated patio structure within the 150’ setback of French Lake, a Natural Environment Lake, where no structure is normally allowed, and Section 10.32, Planned Residential Development, to peunit a 28' rear yard setback where 35' was established by Resolution 1692. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #2440. The property is located in the RR-IB/PRD Zoning District, where a 2 acre density has been established for the French Creek Subdivision. The property’ consists of 1.36 acres or 59,314 sq. ft. Page 1 of 5 3.The Planning Commission reviewed this application on February 16, 1999, and recommended approval on a vote of 4 to 0. 4. The Planning Commission made the following findings of fact: A. French Creek was developed as a Planned Residential Development meeting the density requirement for the RR-IB (2 acre) zoning district. A large common area was dedicated as open space in the development, and each lot was between 1 Ci«'d 1.5 acres. The front, rear, and side yard setbacks were changed to reflect the smaller lot sizes in the Subdivision. The proposal would require an encroachment of 7' into the rear yard setback, and 91' from the 930.0' (OHWL) of French Lake. B. The new structure would be located entirely behind the residence out of view from neighboring property owners. The property also contains solid tree lines along the property boundaries that would create a visual barrier to the applicant's property. C. The back yard setback is established to maintain separation between homes. No residence is located behind the applicant's home. The common area and French Lake are located is this area. The nearest residence to the north is located on French Lake Road, north of French Lake. D. The property was developed (1985) prior to the adoption of the Shoreland Ordinance (1992). A large portion of the lot, including the existing home encroach into the 150' structure setback from Natural Environment Lakes. The back yard is the most appropriate location for a swimming pool as the noise and activity would be to the rear of the house and not exposed to the street. E. If the applicant intends to alter the landscape pond a conditional use permit must be applied for and approved by the City Council. Page 2 of 5 5. 6. The City Council finds that the conditions existing on this property arc 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 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. 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 variances 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 10.56, Subdivision 16 (C) (1) to permit a pool and associated patio structure within the 150' setback of French Lake, a Natural Environment Lake, where no structure is normally allowed, and Section 10.32, Planned Residential Development, to permit a 28' rear yard setback where 35' was established by Resolution 1692. Approval was subject to the following conditions: 1. 2. Authorities granted by this variance run with the property not with the applicants, but are pemiissive 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 tha* date (February 22, 2000). 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. 3.1 he 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 resolutio n in the chain of title of the property. Page 3 of 5 Adopted by the Orono City Council on this 22th day of February, 1999, ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 22th day of Februar>', 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City c: Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) On this day of , 199___, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On day of , 199___, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 5 4f- O A, i*-.-.-'.^ 6rar^i>'a V i'/ i^rrJ ^Af • * ' • * • -•. . *• •• ••••- •• • CITY OF ORONO - VARIANCE IMPLICATION 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) PROPERTY INFORMATION . | L X\j '\'LQ(k F<-ev\gK gvge Property Identification Number (P.I.D.) ^3 23 Attach legal description to application if not included on require pate Property Acquired,______________________________ I (do not) also own the adjacent parcels of land. Present use of property: X residential ___other (specify) Application # ^4*^- • •• D?te Received !o-* .Aiiiuant Paid.?Di5o*'_____ •.« required survey. _(monthfycar) Zoning District: RK.-1B____^jLCXdy^ APPLICANT , - . f ( Name R ^/J1?UlT50y\ Address: 1^*4^ U£ wf» Phone fliome") b=> ue (woric) ALkil^ ZivSS^Z.'-l * • OWNER (if different than applicant) Phone (home) -------- Name ^/Shg>r4 LA v _______ T>w-rw«rV^ reiekDr Cit^ /Oovn O_______Zip:.^S DESCRIPTION OF REQUEST Es^ated Construction Cost $ Describe request in de^fi: p^g(. i vv. bccgl^ Avv^<i a-Y^PuiMq va . ---------------------------- (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area * ___ Lot Width ^ Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore Other v^specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY COOTITIONS Describe imdue hardship or p compliance with ^ning Code Oie-^Y . V (attach additional sheets if necessary) B ORON • * ^^-^ r OOOt ,•" »• 2v\ •>■:•.:- Water 930.7 70 M • • • FROM ISCHOELL & MROSON 612 GAS 9065 1999.01-11 16147 1*502 P.02/05 • • u •HARDCOVER SETBACK ZON£t (CIRCLE ONE)CUL ATION WORKSHEET 7^«0' }\7a»9? A. Houic l4B|«Wldib X X X I- B. Otnff C. Ddvewajr X X P. StdtwaUc X X £. Pado/DMlc X X B. I4fidse9e Uodolsia By Elude Or Fibde X X X G. Other TOTAJ^ HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE , A • _____O +■ B xlCO »o-soo*500-1000 1 •• •5J. fa • S.F. •a S.F. * •S.F. m • •8.F.• • ••••••s.. ■S.F. • • S.F. ■•S.F. • S.F. •1 5J. •*» * S*F. K S.F. O •SJf. S.F. 5.F. S.F. PPOPOSr.D SARDCOV^ TN ‘ A. House l4Bg0 Wide* X X X B. Carxie C. Driveway X X P. Sidewalk X X Ec rette/Deek X X F; lAodieipc UtuUdiln By Plasde *OcFri)ric X X X C. Other TOTAL HARDCOVER IN ZONE total property area in zone • , A O + B S^Sb.xlOO - A B % SJ. S.F. 5.F. S.F. SJF. SJ. S.F. S.F.. «.F. SJF. SJ». S.F. S.F. S.F. s:f. SJ. S.F. D » A B FROM tSCHOeUU & MPDSON 612 646 9066 • V •HAIQCOVER CALCVLA SETBACK ZONE: (CBRCLI OfCE)-ajiqn; (^_75^ ill 21 WORKSHEE »0-500* EMSTIK A. House Cc^nif f^rcX^ * * ,i B> 'Gmft! C Ddvewey D. Sidcwtlk 9 E. Pitio/Dee)e I I ip. Uaiaca^* Uoderldn By Plaice Ot FiMe VERIWZONE Liei&WIUi X X X V X X X X X X • X X X i I G. Odiif lOulL TOTAL HAWCOVER IN ZONE TOTAJ. PROPERTY AREA IN ZONE - A • /O 4 ■ B 9 ?0fl • X100 .» ■ranPoxFD HARiygyrR in zone • A. Heme 0u^r*cP fic/^y. * WWA X X X B. Canie C. DHveway D. Sidevvilk • • E. Ptrto/Pesk F; Leadseipe Uodediln By Plxsue ‘OrEebefe X X z X X X X X X o. ocher ' U)jLlr TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE^xlOO - 11^99 SOO-IOOO' fievhej H79k 83 S.F. S.F. S.F. S.F- S.F. S.F. nob >• S.F. •S.F. ls?i S.F. S.F. ••• • ► S.P. S.F. •SJ. ZS/5.F. louv S.F.11S.F. Z>f Ji H79(,ST. Bi I SJ*.li .S.F. •S.F. • ,S.P. 3003 S.F. S.F. 5^8 *S.F.* • ••1S.F. 3135 ST, ^ ••"SF.* • S.F. S.F. _S.F. • H7-i ^s;F. Il3/y__sT. muMJEi-m "S.F. 7.5. .z,* •ZH ' A 6 A B FROM ISCHOELL & MROSON 612 646 9066 1999.01-11 f . cm A rir CALOJLATION WO setback Z0N£t (CIRCLE ONE) Mr 75-MO' hardcover in 7fWF. A. Hottif 50^00 ’ L«m*WU& S.F. X X X 1' S.F. S.F. S.F. c. B. 'Gtnj< . f S.F. . C Ddvxway X X JCLL—S.F. __________S.F. B. SidcwaUe X X S.F. S.F. E. Facio/Deck X X S.T. 5.F. P. Ufi49C9« Udierlila By PlAsdc Or Fabric X X X S.F. SJ. SJ». O. Other S,F. TOTAL HARDCOVER IN ZONE . TOTAL PROPERTY AREA IN ZONE , . A • V/S + • 6 X too _S.F. _5.F. to ■ f. V/FO A. House I HARTICOVra IN TONE S.F. LtoiSi Widt!| X X X S.P. S.F. S.F. B. Canfc C. Dnvew^ S.F. X X S.F. S.F. D. Sidewalk X X SJ». S.F. E. Faclo/P^X X 8.F. SJ. F; Lsadaeape Uodedila By Piude ‘OcFebifc X X X S.F. S.F. S.F. C. Other s;F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ' - A 2-7<» + B 4f5^0 _ X IOC 279 S.F. HI so S.F. % • • A E A B • •• • FRC3M tSCHOEUL & MPDSON • It • 612 646 9065 1999.01-11 15i49 iiS02 P.OS/0S SETBACKZONT. CALCULATION WORKSHEETSETBACK ZONE. (CIRCLE ONE) (>•75’ 75*230’ 250-500’ EXISTTNO HARDCQVn^ A. Houiv • * • _ l4Qf&lirUA X X X i' W 9 B. ‘Cvu«• •- . T C. DKvewajf P. Sidtwilk E. ?ado/Decl( P. Laodic^c UadeiUia By PUtdc Or Ptbric X X X X X X X G. Othir » • total kardcover in zone TOTAL PROPERTY AREA IN ZONE A • V + B f 100 PRCPOSED HARPeOVtR IN ZONE A. House tuffik WU6 B. Cange C. Driveway D. Sidewalk E. Fttlo/Deck F; Itndseipe Uoderials B/ ’OrPAri: X X X X X X X X X X X C. Ocher TOTAL HARDCOVER IN ZONE TOTiVL PROPERTY AREA IN ZONE * A P + B ____O XlOO - 14 500-1000 ,S.F. • 5.F. S.F. s.p. S'F* • S.F. S.F. S.F. S.F. S.F. S.F. SJ*. S.F. &S. S.F. S.F. S.F. % s;f. P______5.F- 0 _____S.F. n __^ II S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. • S.F. ST, ;^F.- S.F. S.F. ’S.F. A B i CNJ S'* V’’ • Ul 9 S *2 &e K X Z .Q yj Q W HH •H M (A «/) tt O tS «J «J Q O lU O O H V) K 5 o .J «J U. H •H O O O S O -1 -> H S </) < CM Z SSti o yi < CM u M Ikz •o O X CM X Ik Z UJ ® III 141 0^ •4 Z K)p u m_ o mI UJ •€ ^ —iH Ik Z _ _ •H in M UJ XI ^ z E e < in Ik iH e X ^ el OCM in 5 ^ ^ • M < CM Z e z Z IH O Si eo N iH in Xu ►- •J < & V9s HV IS 2 fHin ?!S33 ssssas S 2 2 m 2 Pi o X X iH X z o siz <z Ul z <«xII s M ly• in____ z■H in z z M o < in in u 0 Z CM S S III ?im in X z Ul in in z z z m m Ul ^ in u r-l UJ 1 -J ^ Z < O UJ UJ Z h- o U U o >ssssss mi a %%% WQI City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1692________ A RESOLUTION APPROVING THE PLAT OF FRENCH CREEK - FILE NO. 840 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 plat by NED, Inc, A Minnesota Corporation, the subdivider; and WHEREAS, on August 27, 1984, the City Council granted approval of a preliminary plat of the 17 unit Planned Residential Development that designated the building and septic envelopes for each of the pads (hereafter referred to as Development Plan). Each septic envelope maintains a minimum 20 foot setback from each building envelope and the boundary line of each pad. Each building envelope maintains the approved building setbacks as follows; 35 feet for front and rear yards 25 feet for side yards; and WHEREAS, the Development Plan has been found to meet all standards of the Planned Residential Development Code, On-Site Septic Code and all other pertinent sections of the Zoning and platting Codes that deal with the rural development of property within the City, so that each pad can be developed as a single family residential unit without the need of variances; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Dedication of drainage and utility easements. 2.Dedication on the plat of right of way for a public road shown as Hennepin County Highway No. 51. 3.Creation of a new private road shown on the plat as Outlot C, to be known henceforth as French Creek Drive 4*Concurrent with the creation of this private road, the Subdivider has dedicated to the City a Road and Utilities Easement granting to the City permanent access, improvement and utility easements over said Outlot; the Subdivider has created non-exclusive ingress, egress, drainage and utility easements over said Outlot in favor of all abutting and/or benefiting lots including a declaration of certain maintenance covenants wherein each of the abutting and/or benefiting lot owners covenants and agrees to permanently maintain and pay the cost of maintenance for said private Jznad._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ iiS ITEM HASJEEN ICROFIIMEO yof ORONO RESOLUTION OF THE CITY COUNCIL NO. 1692 ____ 5. 6. 7. 8. 9. 10. Dedication to the City of a Flowage and Conservation Easement providing for limitations on the use of wetlands and drainageways described therein and shown on the plat as “drainage easements". Dedication to the City of an open space easement over Outlets A and B to fulfill the density requirement for 17 residential units in the RR-IB rural residential zoning district requiring two acres of dry contiguous land per unit. Creation of private covenants restricting riparian use of French Lake and the use of shared commons area. Execution of a Subdivider's Agreement providing for installation of certain improvements as a condition of subdivision apprrval. Payment to the City of a Park Dedication Fee in the amount of 3,400.00. Payment to the City for the legal review and filing of the plat easements and covenants in the amount of $100.00. 4?NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of French Creek, Hennepin County, Minnesota; subject to the following conditions: 1. Access to all residence pads shall be via the plat road. 2. Subdivider must stake all drainfield envelopes prior to any land alteration. 3. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's Office on or before April 29, 1985, together with a certified original copy of this Resolution and executed copies of the easements 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 29th day of October, 1984. Mayor BRADLEY M. JONES 2255 FRENCH CREEK CIRCLE □ ROND. MINNESOTA 55391-9395 * (612^ 476-0919 Office Telephone 612-347-9196 January 25, 1999 Liz Van Zomeren, Planning and Zoning Administrator City of Orono PO Box 66 Crystal Bay, MN 55323 Re: French Creek Owners ’ Association Application for Variance for 1209 French Creek Drive Our File No.: 52152-9999 Dear Ms. Van Zomeren: I write on behalf of the French Creek Owners ’ Association in my capacity as President of its Board of Directors. At its regularly scheduled meeting in November 1998, the Board, sitting in its capacity as its Architectural Control Committee, reviewed and approved the landscaping plans proposed by owners Robert and Nancy Lux. If you have questions, please call. Very,truly yours. Bradley M. /6^s, Pr/sidenl French Creek Owner^^ As^ciation BMJ/lt/686676/encl. cc: Robert and Nancy Lux French Creek Board: Martha McPhee Jane Blanch Steven Kennedy C/ee.t:3. PERMIT RECORD Permit No. ■*r' Date r Type of Permit n_3oo i YUhU - AJLo . ______ 7SLQz____ /l2zi^S ~??/an ___ m-A26'in //- fO '7 7 .-^Qj^dd/HaaJ^Z^ cL Co^ Application Date: 1/15/99 Completion Date: 2/1/99 60 Day Deadline: 4/2/99 FEB 2 2 1999. v^i I I wr onwiNiW REQUEST FOR COUNCIL ACTION DATE: 2/18/99 ITEM NO.: ^ Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2453 John Ericson 1620 Shadywood Road Variances—Public Hearing Zoning District: LR-1C Lot Area:36,403 One Family Lakeshore Residential District (1/2 Acre) square feet (.84 acre)________________________ Application: The applicant is requesting variances to permit the new construction of a 20' by 12' accessory building (boathouse) to be located 20' from the lakeshore of Lake Minnetonka. The building will be a two story structure with one being built into the hillside and another located above it. This application requires the following variances: 1. 2. 3. Section 10.22, Subdivision 1 (A) and (B) to permit structure within 75' of the lakeshore and within the Average Lakeshore Setback of adjacent residences. Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to permit 878 s.f. (7.8%) of hardcover in the 0-75' lakeshore setback where 710 s.f. (6.3%) exists and none is allowed. However, all existing hardcover within 75' of the lake is legal as it has existed for many years, or is permitted as a walkway to the lake. Section 10.56, Subd. 16(C)(6): 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. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 4 to 0 vote to: Deny the application based on the following; 1.The proposed structure is inconsistant with the intent of the Comprehensive Plan for the City of Orono. 2. The structure is new construction, as no structure exists within the 0-75' lakeshore setback. 3.ITie location would be in conflict with the average lakeshore setback established to protect lake views for adjacent property owners. STAFF RECOMMENDATION: To deny the application. COUNCIL ACTION REQUESTED To direct Staff to draft a resolution for adoption by the City Council. TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE:February 5, 1999 SUBJECT: #2453 John Ericson 1620 Shady wood Road Variances—Public Hearing Zoning District: LR-IC Lot Area:36,403 One Family Lakeshore Residential District (1/2 Acre) square feet (.84 acre) ____________________ Application: The applicant is rev esting variances to permit the construction of a 20' by 12' accessory building (boathouse) to be located 20' from the lakeshore of Lake Minnetonka. The building will be a two story structure with one being built into the hillside and another located above it. (Please see elevation views — Attachments H and 1). This application requires the following variances: 1. 2. 3. Section 10.22, Subdivision 1 (A) and (B) to permit structure within 75' of the lakeshore and within the Average T.akeshore Setback of adjacent residences. Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to permit 878 s.f. (7.8%) of hardcover in the 0-75' lakeshore setback where 710 s.f. (6.3%) exists and none is allowed. However, all existing hardcover within 75' of the lake is legal as it has existed for many years, or is permitted as a walkway to the lake. Section 10.56, Subd. 16(C)(6): 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. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. ^2453 John Ericson 1620 Shady wood Road lariances 2/16/99 Page I Lot History: On July 27,1981 the Orono City Council adopted Resolution Number 1300 denyin^ ifter-the-fact variances to permit major structural repairs to a lakeside boathouse that existed on this property. Mr. Ericson had started repairs to the boathouse without obtaining permits for the work. A stop work order was issued by the City requiring Mr. Ericson to apply for variances to permit the work. At the time the stop work order was granted the top story of the structure had been elevated and the foundation was removed from below. The Code does not allow major repair for non-conforming structures. They are allowed to continue until the useful life of the structure has been exhausted, 'fhe City Council denied after-the-fact variances. Resolution Number 1300 is attached to this report for your review. The structure was removed in 1982. Lot Area and Yards ANALYSIS LR-IC (1/2 acre) Loi Area Lot Width Lakeside Yard Side Yard Street Yard Required 21,7 JO s.f.100'IS'10'30' Proposed 36,403 s.f.134'20'42'NA A variance is required to allow new structure to be built within the 0-75' lakeshore setback. The boathouse would be located 20' from the 929.4' Ordinary High Water Level (OHWL). John Ericson 1620 Shadywood Road Variances 2/16/99 Page 2 Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested n-75’11,258 s.f.710 s.f. (6.3%) none (0%) 878 s.f (7.8%) To allow new hardcover in the 0-75' setback. 75-250'23,249 s.f.6,209 s.f (26.7%) 5,812.25 s.f (25%) 6,209 s.f (26.7%) none 250-500' 1,896 s.f. 318 s.f (16.8%) 568.8 s.f (30%) 318 s.f (16.8%) none 500-1000'0 0 0 (35%) 0 none 0-75* Lakeshore Setback The boathouse would increase hardcover by 168 s.f. The boathouse would be located over an existing 8' by 9' concrete slab. Structural Coverage Total Lot Size Total Structural Coverage Percentage 36,403 s.f Existing: 2,598 s.f Proposed: 2,838 s.f 7.1% 7.8% No lot coverage variances would be required. J John Erlcson 1620 Shady^vood Road Variances 2/!6/99 Page 3 ANALYSIS Variance STATEMENT OF HARDSHIP The applicant's have included their statement of hardship as Exhibit A. The applicant should also be asked for his testimony regarding this issue. Issues 1. 2. 3. 4. A boathouse had existed on the property until it was removed by the property owner in 1982. The application is for new construction, all within the 0-75' lakeshore setback. The City of Orono recognizes the importance of water quality for Lake Minnetonka and has adopted a Comprehensive Plan and Zoning Code establishing a 75' lakeshore setback for all hardcover. The intent is to allow stormwater to be absorbed into the ground to filter all impurities before the water enters Lake Minnetonka. To protect lake views for adjacent property owners and future property owners, the City requires all structure to meet an 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. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. STAFF RECOMMENDATION Staff is recommending denial of the application based on no apparent hardship that would require an accessory building to be located along the lakeshore and over another portion of the property. Allowing development of structure would be an adverse impact to Lake Minnetonka by compromising water quality by allowing new structure in the 0-75' lakeshore setback, and having a visual impact for adjacent property owners and from the lake. H2453 John ENcson 1620 Shadywood Road Variances 2/16/99 Page 4 Attachments A B C D E F G H I J K Application Site Plan/Survey Plat Map Location Map Site Topography Hardcover Worksheets Property Owners List Elevation View Elevation View Permit Record Resolution Number 1300 it2453 John Ericson 1620 Shady wood Road Variances 2/16/99 Page 5 •t CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 ($50.00 per each additional variance) Renewal Variance Fee $150,00 (no change from ori^al application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Application# Date Received f ' Amount Paid IFORM^ON ^10 In) ification Number (P.I.D.) / ^7 "" J/ ‘'7 - ^ : PROPERTY INFO Site Address Property Identification Number (P.I.D.) Attach legal description to application if not included on required i Date Property Acquired____________________ (do not) also own the adjacent parcels of land. Present use of proper^: X residential ___^other (specify)_____ Zoning district: C - j Q._____________________________ _(month/year) APPLICA^ Phonefhome) Name <L-____ Phone(work) __ Address:Zip:\^S3t^y OWNER (if different than applicant) Name S A- Address: Phone (home). Phone (work) City:. Zip:. DESCRIPTION OF REQUEST . , Estimated Construction Cost $ Describe request in detail: f A g ^ (attach additional sheets if necessary) VA^NCES REQUIRED Lot Area Setback: ___Lot Width Front Side Lot Coverage y Other (specify) ) ^fesj/ljSlE X Hardcover _ __Rear Average Lakeshor^-^' Vj' *' lr)“o HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing..... compliance with Zoning Code requirements: Ai7^\y 7^ Y A C^^ -- -- ^-7^ V.T7 . A ~J IaJU/)T X . • t additional sheets if necessaiy) f -' fV:i • 65:-”. t ^ r _ PREPARED FOR: AS BUILT SURVEY john ericson SCALE r-40’ AREA A LOT 11.258 SO. FT. TO LOCATED SHOREUNE DECK 282 SO. FT CONCRETE 428 SO. FT IMPERVIOUS SURFACE COVERAGE 6.3X AREA B LOT 23,249 SO. FT. DECK 94 SO. FT. CONCRETE 605 SO. FT. HOUSE 1454 SO. FT. GARAGE 768 SO. FT. BITUMINOUS 3,288 SO. FT. IMPERVIOUS SURFACE COVERAGE 26.7J5 AREA C LEQ«.DE8CRIPnON: LOT 3. LOT 4. AND THE SOUTH 5.00 FEET OF LOT 2, SHADY WOOD. HENNEPIN COUNTY. MINNESOTA. I hereby certify that this Is a true end correct representation of o troct os shown ond described hereon. As prepored by me this day of ____ , I9<1fe. u?.... Peg, tJn. r ^ V'fiSfubbs ;• tx __________* ^ -••'«/?■>».."->'V^'~^‘* Mn 1 A -jc / ^ j^/ ■ATS DfU iifa**^Sry' ^2 5* 1 -vM* r »f FOX ) 5f lAML «0-'i-v eiMUrS mm:A:r^ -4i^——Y.* -- >*— _______ **. •• 't • ; / •». Va .•s* • > •-k V ■OHIISfonir ■\IA*.!• A _ tn/ u\l cuo« TOio AVI , V h"*:*-' •.'• -V-l? ^ -^ ^ ~ /y \ »%.--••.• ' J* • ^ —r cmTAt w.NygyV «\9NQU1JI|| o •- ®*J5 \240N • Carman '^X-Ll' • ;W\XbRo • •••V. HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) (^TsQ 75-250’ 250-500’ EXISTING HARDCOVER IN ZONE A. House _____________ X ■ _____________ Leo|th B. Garage . C. Driveway D. Sidewalk/ Cev\crefcL E. Patio/Deck F. Landsc^ Uaderlain By Plastic Or Fabric • • G. Other X X i'X X X X X X X X 500-1000’ Widch QZ8 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE - . A 110_ _ _ B HO xlOO 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 PROPOSED HARDCOVER IN ZONE A. House _____________ . Leasih 3ocs-V I'OOSC 3 0 B. Garage C. Driveway D. Sidewalk/ CowereO- E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other X X X X X X X X X Width TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ,, -Vl? A ^7S B XlOO 2-8Z- S7S t/.2S% 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. 7.K___—5'* A B V. HARDCOVER CALC SETBACK ZONE; (CIRCLE ONE) 0-75 EXISTING HARDCOVER IN ZONE A. House ______________ CALCULAaiO«:3VORKSHEET -75’ 0^75-250]^ 250-500 Leajih •r' B. 'Garage C. Driveway __ D. Sidewallc/ OoMCVC^ E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric I • G. Ocher 500-1000^ X X V X X X X X X X X X X Width TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ^ B xlOO /. s.F. 7L»R bos’ s.F. S.F. S.F. S.F. S.F. >.F. S.F. [SJF. S.F. >.F. S.F. ’s.F. 's.F. S.F. (oZOl S.F. A ^32.^9 S.F. B 2L,.l % PROPOSED HARDCOVER IN ZONE A. House _____________h S.F. Length 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 Width TOTAL HARDCOVER IN ZONE TOTAL PROreRTY AREA IN ZONE^ , 100 -7Ui S2SS lost • • £32^1. 2L.~7 S.F. S.F. S.F. S.F. S.F. S.F. S.F. >.F. S.F. [s.F. S.F. "s.F. 's.F. S.F. S.F. S.F. % A B - rrco .I/1- s 90 vO M • Ul £ UJoe O' Xe 90 Vrvi H O CNJ Xu :< UJ Ul N X CM * at ^ o UlO UJ O X«sm to SSii• « K H I u u "pi^ Ul Ul CO lO «l -JM e o o fit O IH O' UJ Kl X Ul O Ul Xis: < Ul N|m > 'O < K) X Kl •H CM rH O e X ^ mi H O O'< Q HX Kl Ul CMCM O X &§O Ul lO S X X > X X it; O Ul U 09 Ul X Ul Ul Xss*-KHO i * Ul H M < O < X X X C/I < O X X Ul X < X Ul < X Ul UJ o XXX f 14 M UJ X K C/I Ul X Ul X > Ul X P X U X XXX M X O O fH O' fH Oe X o a O O'm iH Q mi X toUlUlCM Q <Ul O Ul O'e CM e Ul fci < & X K X XX £ O X r o O < X oO X X <O X X < < > N>< > V X < X X < X XXXgf**X c rx§ 4 t . OJ /(h<SO ShXkc&acOCCc:^ PERMIT RECORD Permit Mo.Date ttss ^OStSr V-3/4t 22£1 i-^S- 7t VtfV /-Pi-O (^3U Qr^iJ Type of Permit f^/AJUi,h4 ATT/C hiOOifOf* Oe'^0-^/l60T/l CM Pi /y ^ /lie:^ ‘ t I THIS ITEW KfeS BEEN i> : .'»y -*. .tv •^» -.'#V • /C * \. IfpRONO^J of OROINO ^ RESOLUTION OF THE CITY COUNCIL * . 1' NO. 1300_________ A RESOLUTION DENYING AN "AFTER THE FACT" VARIANCE APPLICATION OF JOHN C. ERICSON FOR MAJOR STRUCTURAL REPAIR TO A NON CON­ FORMING STRUCTURE ON PROPERTY LOCATED AT 1620 SHADYV-JOOD ROAD \*JHEREAS, the City of Orono is a municipal corporation organized under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statute 412 et. seq. and 462 et. seq. the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, John C. Ericson has applied for an "after the fact" variance for major structural repair done without a building permit on a pagbta, a non conforming structure, located 15' from the lakeshore; and V7HEREAS, the pagota, hereinafter refered to as structure, is located on a property legally described as lots 3, 4 and the south 5 feet of lot 2, Shady-wood, hereinafter referred to as the property; and WHEREAS, the City Council has reviewed the application; the recommendation of staff and the Planning Commission; and comments made by the applicant. NOW, THERFORE BE IT RESOLVED that the City Council of the City of Orono hereby denies the "after the fact" variance application of John C. Ericson to permit major structural repairs to a non conforming struc­ ture based on one or more of the following findings of fact: 1) The property is located within the LR-IC zoning district requiring a minimum of 21,780 sf of lot area. The property consists of .oproximately 34,375 sf. The zoning district requires 100' of lot width; the property is 125' wide. 2) On May 4, 1981, a stop work order was issued to the applicant for work done on a lakeshore struc­ ture without a building permit. The following alterations were observed: a) The upper section of the structure was jacked above the top of the lakeshore bank. b) The old foundation had been removed and replaced with a slab of insufficient thickness. c) There were no frost footings. d) There were no foundation walls between the level of the ;>lab and the underside of the wooden second story. Ericson Page 2 mBm *^r*i ' ^ V CITY r 1 M •* ' * v\if ' •; OF ’ • • • •ORONOLm-v- %P’ City of ORONO RESOLUTION OF THE CITY COUNCIL * • 1' NO. 1300 3) The proposed improvement to the structure is major structural repair. 4) Ordinance 31.108 does not permit structural repair of a non conforming structure. 5) If the directive of Ordinance 31.108 had been followed, the applicant would have been made aware of the alternatives available to him at the time of the required staff inspection as follows: a) If the structure could have been repaired by simple repair (no structural alterations) this could have been done with a building •• permit. b) If deterioration of the structure was so severe that removal of the structure is required and applicant is made aware that replacement permits cannot be issued, Ericson could have had the use and benefit of the structure for a few more years until it failed. 6) The structural repairs proposed for the structure will require approval of new building work within 75 ft, of the shoreline; Ordinance 34.201 does not permit this. 7) The proposed major repairs to the structure would perpetuate 234 sf of hardcover within the 75 ft. setback area of the lakeshore which is not allowed per Ordinance 34.202. 8) The complete replacement of the foundation of the structure will extend the life of a non conforming structure; approval of this action would be contrary to the intent and objectives of Ordinance 31.108. 9) Ordinance 31.106 would require the removal of the structure for the assessor's records show the fair market value of the structure at $1,170.00 in 1976. 10) The applicant was in violation of section 69 B .020 of the Municipal Code when he raised and jacked the building without a permit. The work required a licensed housemover. F.rricson Pane 3 ,.../ ' '■C^iy of OROTVO Z^ ''L ' l: / .. ■■: f • ' •>I ':^'^lbiTvfei RESOLUTION OF THE CITY COUNCIL .%r>'A' NO.1300 vdRomii 11) The applicant was in violation of State Building Code .301 when he moved, altered and repaired the structure without a building permit. 12) The applicant was in violation of State Building Code .305 when he poured the concrete slab without an inspection. 13) The value of this accessory structure has been* well amortized in the 60 odd years it has existed without any major changes or repairs. ' 14) Council has encouraged the applicant to obtain a building permit to relocate the upper section of the structure on a new slab on grade; said structure's " new location must meet all the zoning and lalceshore setbacks standards. 15) The granting of the required variances would result in the following violations of Section 32.340 of the zoning code with which the applicant must first comply before the required variance can be granted: a) The variances would have an adverse effect upon the health, safety and welfare of the community. b) The value of surrounding properties will be adversely affected. c) There are no special conditions applying to the land in question which are peculiar to the lend or immediately af’*''ining property. d) The granting ^ a»-jxication is not nec­ essary for the y r 'vation and enjoyment of a substantial property right of the applicant. e) The granting of the variances would impair the health, safety, comfort and be contrary to the intent of the Zoning Code and Comprehensive Plan. f) The granting of the variances will serve merely as a convenience to the applicant, and is not necessary to alleviate demonstrable hardship or difficulty, except that caused by the applicant himself. g) The granting of the variances would be adverse to the regulations of the Minnehaha Creeek Watershed District. 'Ericson Page 4 1 ('i A'Hii nm m City of ORONO '* f.CITY J’OP ORGNO s^ id •*/*■ RESOLUTION OF THE CITY COUNCIL r NO. _ _ _ _ _ 16) The applicant has not introduced any evidence contrary to any of the above findings of fact nor has he demonstrated sufficient hardship except to state that he was not aware that a zoning inspection and building permit was required before beginning the proposed improvement. FURTHERMORE, BE IT RESOLVED that based upon the foregoing findings that confirm the proposed improvement was begun in violation of the rules and regulations of the State Building Code and the Orono Zoning Code, the City Council hereby requires the complete removal of the lakeshore structure at 1620 Shadywood Road subject to the condition that the applicant obtain the necessary permits to remove the structure and fill the remaining excavation by February 15, 1982. Council would encourage iir. Ericson to relocate the structure in a location that meets all of the City's lakeshore and zoning setback standards finding that there is adequate area and no hardcover problem for the property. Adopted by the City Council of the City of Orono, Minnesota this rS7 day of ^ ' 1981. William B. Van Nest, Mayor ATTEST; Alberta Strom, City Clerk Date of Application: 1/19/99 Date Complete: 1/19/99 60 day limit: 3/19/99 FEB 2 2 1999. Oi I ( or on^i^\j REQUEST FOR COUNCIL ACTION DATE: ITEM NO.: Cp Department Approval: Administrator Reviewed: Name Liz Van Zomeren Title City Planner Agenda Section: Zoning Item Description:#2454 Diversified Construction on behalf of Greg and Marcia Bamum 150 McCulley Road Conditional Use Permit-Resolution Zoning District:RR-IA (One Family Rural Residential District)5 acres Lot Area:6.8 acres Application:The application is for an after-the-fact conditional use permit for land alteration of 1,500-2,500 cubic yards to create a driveway for a new residence. The applicant had received a driveway entrance permit for entry onto Bayside Road from Hennepin County. As the contractor began to grade the driveway, debris was found from the previous use and the amount of earth moving exceeded 500 cubic yards. The Building Inspector issued a stop work order and directed the contractor to obtain a conditional use oermit for land alteration. STAFF RECOMMENDATION: To approve. PLANNING COMMISSION RECOMMENDATION: Unanimous approval (4-0) and to recommend to the City Council not to require a double fee. COUNCIL ACTION REQUESTED; To adopt or amend the attached resolution. A RESOLUTION GRANTB^G A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISIONS 19 AND 21 FILE #2454 WHEREAS, Greg Bamum and Marcia Bamum, (hereinafter "the applicants") are owners of the property located at 150 McCulley Road (31-118-23-33-(K)12) witl^ the City of Orono (hereinafter "City") and legally described as: Lot 1, Block 1, Bayside Hills, Hennepin County, Minnesota (hereinafter "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 February 16, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City of Orono for an after-the-fact conditional use permit for land alteration to grade the subject property to install a driveway where l,500-2,5()0 cubic yards of soil were disturbed per Municipal 2^ning Code Section 10.03, Subdivisions 19 and 21. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, 1. 2. 3. FINDINGS This application was reviewed as Zoning File #2454. The property is located in the RR-IA Zoning District, where 5 acres is the minimum lot area. The property consists of 6.8 acres. The Planning Commission reviewed this application on February 16, 1999 and recommended approval on a vote of 4 to 0. 4. The Planning Commission made the following findings of fact: Page 1 of 5 A. The front yard is on Bay side Road. B.Hennepin County has approved a driveway curb cut for a 14-22 ’ driveway. C.The septic sites are staked and were protected during the installation of the driveway. 5.The City Council finds that granting an after-the-fact conditional use permit for land alteration to grade the subject property to install a driveway where 1,500- 2,500 cubic yards of soil were disturbed will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will 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. 6.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicants and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants an after-the-fact conditional use permit per Municipal Zoning Code Section 10.03, Subdivisions 19 and 21 for land alteration of 1,500-2,500 cubic yards of soil to establish a driveway as shown in Exhibit A, subject to the following conditions: 1. The debris on the subject property shall be removed and disposed of in accordance with City and State statutes. 2. The applicants shall obtain a land alteration permit. 3.The address for the subject lot shall be changed to a number in sequential order on Bayside Road. Page 2 of 5 4.Authorities granted by this resolution are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this after-the-fact conditional use permit will expire on that date (February 22, 2000). 5. 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 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 22nd day of February, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 22nd day of February, 1999, by Gabriel Jabbour and Linda S. Vee, Mavor & 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 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of____199_before me a Notary Public within and for said county, personally appeared __________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of____, 199_before me a Notary Public within and for said county, personally appeared _________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 5 1 H [I |i| j? Iji fi h! r I m\ !!i Jli t^^***^ 1; nil? avou Aiinooi^ TO: FROM: DATE: SUBJECT: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Liz Van Zomeren, City Planner/Zoning Administrator February 9,1999 #2454 Diversified Construction, on behalf of Greg and Marcia Bamum 150 McCulley Road After-the-fact Conditional Use—Public Hearing Zoning District: RR-1A One Family Rural Residential District (5 acre) List of Exhibits: A&A2 B B1 C D E F G H1-H6 I 12 J K L M N Application Plat map Property Owner's list Survey Earth Work Calculations Preliminary plat survey Survey from subdivision County driveway entrance permit House Plans Address Assignment Address map City Engineer’s letter from 1994 re: ACCESS Zoning Administrator's letter from 1994 re: ACCESS County letter re: ACCESS from 1994 Dayside Hills Final Plat Resolution #3505 Preliminary plat Resolution #3495___________ Application: The applicant is requesting an after-the-fact conditional use permit to approve land alteration that occurred to create a driveway to a proposed building pad. Approximately 1,500 - 2,500 cubic yards of fill were moved and approximately 213 cubic yards is in a stockpile. U2454 Diversified Construction Greg and Marcia Barnum 150 McCulley Road PC--February 16. 1999 page-! Pertinent Ordinances RR-IA District Standards, Section 10.27 Land Alteration, Section 10.03, Subd. 19 and Subd. 21 ANALYSIS Background This lot was part of a plat that received final approval in December 1994 as "Bayside Hills". The parcel is Lot 1 in Bayside Hills and consists of 6.8 acres. At the time of subdivision, it was determined that the front lot line for this property is along Bayside Road because the front of a lot is the narrow end. The proposed access was referenced in both the preliminary plat and final plat resolution ( See Exhibits M and N). In the preliminary plat resolution, it states that access would be provided from McCulley Road but that each lot has been approved for access from either Bayside/County Rd. 84 or McCulley Road. In the conclusions and orders the developer was informed that before building pennits could be issues, future owners would need to provide detailed grading, drainage, and erosion control plans for the construction of driveways. The resolution also notes that access from Bayside required County approval. The applicant obtained a permit from Hennepin County in October 1998. A driveway with a 14' -22' idth was approved. Grading for the driveway began after the permit was received. The amount of grading, however, exceeded the amount that is considered normal and customary for creating a driveway and a land alteration permit is required because more than 500 cubic yards was disturbed. Reviews The City Engineer, Tom Kellogg, has reviewed the plans and provided the following comments in a phone conversation on February 8,1999: 1.The proposed grading lines and elevations do not tie into the underlying contour numbers. (See Exhibit C). 2.The purpose of the stockpile should be addressed and an end date for removal should be determined. The On-Site Septic Systems Manager, Steve Weckman, reviewed this plan before he left for an extended vacation, however, prior to issuing a building permit, the primary and secondary' sites need to be rechecked to assure that they have not been disturbed. U2454 Diversified Conslruction Greg and Marcia Barnum 150 McCulley Road PC—February 16, 1999 page-2 The City Clerk has indicated that at the time of subdivision in 1994, it was anticipated that access would be from McCulley Road for this lot. Since the access is now proposed from Bayside Road, the address should be changed. (See Exhibit I). The possible addresses available are 4760,4780 or h790 Bayside Road. A recommendation should be made to the City Council to change the address to reflect access from Bayside Road. Staff Recommendation To approve the after-the-fact conditional use permit for land alteration subject to: 1. Review of the septic sites to ensure that they were not disturbed. 2. Determine an end date for the stockpile. 3. Change the address to a number on Bayside Road. 4. Applicant to obtain a land alteration permit. U2454 Diversified Construction Greg and Marcia Barnum 150 McCulley Road PC"February 16, 1999 page~3 Application # Date Received •h<\ f 9 Amount Paid 1^50 CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION j. n Site Address______/.^^n McCull^KoI. Type of Application to be Filed ~ - T-3~ 3 j ~~C:<r \^ Property Identification Number (P.I.D.)____________________ APPLICANT . ,1 N'^me n> i V i_^« <*o i gvi Address T Q < c» \4 vkOV ~~7 OWNER (if different than applicant Name (Srco Muvoct Phone (home)____________ Phone (work) *? 9(s-II'L'7 City 1 h.A Zip Phone (home) Phone (work). Address City prat/ Date Property Acquired _____________________________________ I (do) (do not) also own the adjacent parcels cf land. FEES - CONDITIONAL USE PERMITS - _____$ 75.00 For each variance request with CUP application _____$175.00 Residential Accessory Use _____$250.00 Institutional (church, school, etc.) _____$225.00 Guest House/Guest Apartments _____$200.00 Duplex Credit/Bldg _____$300.00 Commercial/Industrial Use X $250.00 Land Alteration i ____ Grading and filling - designated wetland or floodplain X Grading and filling - 501 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee l^iHER APPLICATIONS _____$250.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation _____$200.00 Easement Vacation $100.00 Easement Vacation With Subdivision _____$350.00 Rezoning (PUD - refer to fee schedule) _____ $350.00 Comprehensive Plan Amendment _____$100.00 Appeals Other - see Fee Schedule Zip. (month/year) r ■) % » >i r. • • i-i REQUIRED SUBMITTALS 4. 5. 6. 7. 8. 9. Completed Application Form. Describe request in detail. Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Kennepm County Department of Finance, A-603, Government Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. Attach legal description to application if not included on required survey. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff; Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurreu in review of this application, and certifies that the information supplied is true and correct to the be^ bf his/her knowledge. Applicant's siCTatur£^^^/Tf2^it^i^^^ jZkDate / 99_________ OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature Date Applicant must have all submittals into the City oQices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Ofiice of this change prior to the meeting. 1 CLU CITY OF ORONO - ^SSHiS^I^PLICATION 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# Date Received *//? Amount Paid * 0 PROPERTY INFORMATION Site Address 1^0 Mq ^C>UJL jC£xj "vRdt. « _n_ _ V ^ I 7T AProperty Identification Number (P.I.D.) SI - ilA* 33*33*001^ Attach legal description to application if not included on required survey. Date Property Acquired (month/year) I (do) (d^<(bt) also own the adjacent parcels of land. Present use of pr^erty; ^residential ___^other (specify)______________________ Zoning District: SiAyai t BiSrl-fifF APPLICANT Name r>\VOrS%Ae.(^ C£>nf^rnirMnv\ Address: "7niO ______________ Phone (home). ____ Phonefwork ) Citv! &r. I fp I Ta Zip: 55*^0^ OWNER (if different than applicant) Phone (home). Name (oflEA * SpoOTtU/JL,_______ Phone (work) Address: ^50f^ Lin^ Citv: ^ig/i DESCRIPTION OF REQUEST Estimated Construction Cost $ CC’/*-C^to Describe 5D0 ■jU^> ry\0^ di sheets(attach additional sheets if necessary) ' I i-5r- VARIANCES REQUIRED Lot Area Setback: ___Lot Width Front Side Hardcover Rear Lot Coverag^ Other (specify) Average Lakeshor^^g ^ Sv't" 37^ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing conmliance with Zoning Code requirements: £1/1 J__ jd’lopjU 00 Zi/g/c fK T //aM - . mOA/xiid^ rt /yi7y:^'L /UD ioil , cl/x( 'Zf ~ ^ (attach additional sheets if necessary) ' CiCt ^ CA£OJ(jL c X_ ^vLt a acCua£ g I I ft A in K) CM Ma. i &oa.uioe UJo O Q ^ O' inrom in m H K) UJ liJ »n M > >> £ CNJ (/) UJ UJ UJ I > X X o z « < U U M M H tt < < in < •H > -IX X < a.iH UJ UJ m m ® i- h- UICM UJ UJ e ^ a. a. CM a. lOro toCM I <0fH•HI (Hto *11,(A 5^ X X (A UI UJ UJ CA O'm •o UJ in m X XX Ui UJ o Xo u u< C9 (A (A M X X < UJ UJ X o M M O « O < < V to O X X U 2M X M Z •J M UJ 2 S“-•J UJ oSls s X X UJ UJisM M CA CA ro UJ UJz zo ^ CA 0 Q XXXrolo g X X lO IH X X CM CA 1 > Z Z X < UJ X3*tt:I UI UI H -J -J •A e CA CA•vo a o fi ^ -ro e X X KfHO oo inro inm s iUJ Q ZM M > 2 2“-UJm ^m X < X fci < 19 iH o O CM UJ»sCM CA • >• < fH tt •J iH X ro > m< mUI UJ nz zM M CA -J -J > Z UI Ul< X fH 1 X £ Xo <fH 1 X X XX K fH X X X> o o in K fH < Z Z O Nl < < C^ > ro ^ Be to ^> > 'O <to Z a.to ©X X H Z ro a -I W M U H UJ X X Mo o ^ UI UI X I- h- o < < D K I- -J i/I tn ^ ©^O' V M iHV fH X room Xur-< z z X X o Q o CA CA X X X X X z Z Z Z X X Cd o ca X < M M O'M M ©*M X o ©^ in X X in in CA X CA in X CA X M in e X X ro CM CA o CA o ro X CA X o X ro o ©>in o <X o <o in e *t X e o X in O fH < <in <X o Z X o o z »- m o z 5 e X z in5O'z fi^l K Z CA 5 to a e CA fH Q < <CM H-ro ro Q X ro 5 X lO >^ > fH Z CA CA CM CA X •• X in ro CA M lO X O X o lO CA to X e ^ X Z O X X z CA X X in cA <a o X z CA o X^ o X X O'£ro X X X o o ro X z z X ro MOO £10 X n X ^ X < CA £ CM X X X fH CM X X X u CM X z z X CM CA > X CM X z CM O O O > 1 X z Z 1 o o O X • O M M 1 > O Z 1 o •9 z o 1 U M CA X Z K O H* K O M K O U U O X z to a X X X CO < X M M o o <CA X CO u X X M ^ U X <fH <X K X X <z X to H CA <X <X X in X M X Z X M X < fH •i M X X >> X Z X X X M X CA > X X S X u X ac JO mtj 1 O X 1 << M 5 <1 o o X 1 X < X 1 z X >© <o 1 CA X U X fH o o u z z X SE H-X X X Z CO X <•>ca .MU e in X e to o o z <ro CO X X X ro e ca z X ro CO X X X <ro tn CA X £ X to >> > in X m X X X X N ro ►- X <© o 5 o X ro r- z u in X X to X X «X e X X X in >o < <5 K > O ©> X o X 5 M M X •i M in X < < «<« e M X X in <0 O X CO ^ 1^ <CO o X o to z e o z in < ro o o o «Z 10 o X X ca X z 10 e CA CA ro o X o ^ X O O o CA m u K o X X X £ Xoo XoXX Xs XX Xa X o X < > N% *1o r- X X XX oO < X Q O Z X < < > VX < X X X X X O Z X <X z < zX O h- X X X X XX a X £ O O < X o 0^X0 O Z X <O Z X < < >- V < > \ X < X X < X X X X £X X X £ O Z X <O £ * 5X z < z X 5 < z X O H X O M Hi •a UJ ii !. II!!l 4|’Ml ii C'l C3 •^1 4 I Ui fZo z Dz < CD !l ii li!if ! n IIIo ^1* ► >•4! b 1 It rA us y .; HJlHtl }% i)llfi« WA rA _ I I iiim^i!i!l!l 15i‘ |i:m ip H1' ms S n (!■■■|■■■■ • Vs \ • imi: S] ililll BED. ■ir.“ 7 CHHHl BSSl M 1 f u u g^r^l 8tfH»88 li. Tl 1 .! ifi: O w ann ifiSf «:•::!: i!i4i|i lsei»!iii^i I !i il 11 |i j 1 i, '|!i. i j li; ii !H|!!:l-!-i!i:!!l!!i liililii .1 i|iii!i!|!!Ur.J jj ll h ii il ?] a I: *1 ^ • lira*9ll!itli*t!f|l in—^lll^ti!! KWitS&lili] ii:9l Lit'Tl 1 ta::-JH • I |! 1 h M ] I A i • i Co^ ?o 0‘ '4?VESViot5 ' ■ X CITY of ORON Municipal Offices Street Address: 2750 Kelley Parkway Orono. MN 55356 Mailing Address- P.O. Box 66 Crystal Bay, MN 55323 0066 OmCIAL NOTICE OF ADDRESS ASSIGNMENT May 5, 1995 Post Office: Maple Plain 55359 School District: 277 Westonka Fire Department: Maple Plain Zoning File: H916 Location: Section 31, Township 118, Range 23, QQ 33 Status:Public Road Plat Name: Bayside Hills Address Assignments: ^ 31-118-23 33 0012 Lot 1, Block 1-150 McCuIIey Road 31-118-23 33 0013 I^t 2, Block 1 - 4680 Bayside Road Please change all your records accordingly. Thank you. Sincerely, ieanrie A. Mabusth Building & Zoning Administrator Enclosure - City Map; Plat Map 02-117-23 cc: Don P. Gamble, III, 1120 East Wayzata Boulevard, Wayzata. MN' 55391 Mick Sletten, 7245 Green Valley Road, Golden Valley, MN 55427 Post Office, Fire Department, School District, Orono Police Department, Orono City Departments (Finance, Public Works, Elections, Assessmg & On-Site Systems MaMgerL Wright-Hennepin Co-Op Electric Association, GTE, Hennepin County Sheriff, Hennepm County Dept of Taxation, Minnegasco, Triax, US Postal Service Telephone (612) 473-7357 • FAX 473-0510 — — -f-* LJi \ 1 ISO 1 1 ^4^56 N«9‘45t 1 • «T3 1 •’•>j 1 1 1 1 1 1 1 V 11• ^00.» •P 3,./, ^ A ^ 2646.94 R£S 50 .'. m Bonestroo Rosene Anderlik & Associates Engineers & Architects October 6, 1994 Ocn G. Bonesooa PE. RoOfM w toiene. PE • Joi«ph C Anderik. PE Matvm L Sorvau. PE Rcnard E TUmcf. PE GJenn R. Cook. PE Thon'^S E Noyev PE Rooea G $c^un<t1L PE. Susan M EDerkn. C PA *Sen«# ConsuRjnc HoMvaid A Santofd. PE Kekfi A Gofdon. PE Kotcn R. Pfe<fcrte. PE Rxha<d W Postet PE OavK) O Losioca. PE Rooeft C Rusiek. AIA Jerry A Bou^ion. PE Mark A Hjnsoa PI M<hae« T. Rautmann. PE ted K. fM PE Thomas R Andenoa AIA Donald C Buyardt PE Thomas A Syfloi PE Fifdenc J ScenOorg. PE Ismael MariiheL PE. M<haei P Raa PE Agrtes M Rmg. AJC P Thomas W PWenon. PE M<haei C lynch. PE. j^nes R Maiand. PE Jerry D Penoch. PE Scon J A/ganek. PE P Anderson, PE K :VrfV.PE A Setx PE Gary w Monea PE Pati 1 GanfKxt. AIA Dantei J Edgerton. PE A Rck Schmidt PE Ph*p 1 Caswei. PE Mark O WaOiL PE Miles a Jensen, PE I Ph*p Gravel PE Karen L W^men. PE Gary o Kmu/icz. PI F TbCd Foster. PE Kerch R Yappi PE Douglas J Benon PE Shawn O Gusiahon. P£ CeC'TX) Oirvier. PE. Paul G. Heuer. PE John P Gorder. PE Charles A Enckson Leo M Paweisky Harlan M Ohon James F Engeiharor Ms. Jeanne A. Mabusth, Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re; Bayside Hills File No. 139-1976 Dear Jeanne, We have reviewed the preliminary plat for the Bayside Hills subdivision. The property is located north of Bayside Road (County Road No. 84) and east of McCully Road in the southwest quarter of Section 31. The subdivision is acceptable from an engineering standpoint, however more information should be provided at this time. The location of the driveway access for each of the two lots should be determined and a grading plan & erosion control plan should be prepared. Lot 1 has a potential access onto either Baysjde Road or McCully Road. In either case, the access should be at least 150 feet from the intersection. The access for Lot 2 is more restrictive as it is at the t(5p of a hill. We recommend it be located within 5 feet of the west lot line due to poor site distance in any other location. Any access onto Bayside Road must be reviewed and approved by Hennepin County. Hennepin County will likely require at least 42 feet of right-of-way for Bayside Road, an additional 9 feet of right-of-way should be provided. Drainage and utility easements will be required 5 feet wide along all lot lines and 10 feet wide along the roadway right-of-ways. Please contact me at this office if you have any questions regarding this matter. Yours very truly, BONESTROO, 'OSENE, ANDERLIK & ASSOCIATES, INC. I).Jl/LU/Vl Shawn D. Gustafson, P.E. 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 CITY of ORONO Municipal Offices Street Address: 2750 Kelley Parkway Ofono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 Doug Mattson Hennepin County Department of Public Works 320 Washington Avenue South Hopkins, MN 55343-8468 RE: Application #1976 Dear Doug: The enclosed two-lot subdivision located at the northeast quadrant of the intersection of McCu11-7 Road and Bayside Road is being reviewed by the Orono Planning Commission. A public hearing is scheduled for October 17. 1994. Lot 1 has two options for access on both Bavside and McCulley. Lot 2 can only achieve access via Bayside. Steep topographies create certain sighting limitations for access on the 35 mph road. We ask that you define the desired curb cut for Lot 1 (if owner seeks access on Bayside) and Lot 2. Please contact my office if you have any questions or if you need additional information. We would appreciate your written comments being submitted to the City no later than Tuesday, October 11th. Sincerely, .'1 J Jeanne A. Mabusth Building & Zoning Administrator JAM/lsv Enc. Telephone (612) 473-7357 • FAX 473-0510 .1 *. ,4.. rV'i'X s«^ ». • *•• .* • - *:V Hennepin County L JL An Equal Opportunity Employer J James M. I^)urey, ('ounry AJmims(raii*r •* Jeanne A. Mabusth Building and Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 j October 12, 1994 RE: Proposed Plat - Bayside Hills eSAH 84, northeast quadrant CSAH 84 and McCulley Road Section 31, Township 118, Range 23 Hennepin County Plat No. 2188 Review and Recommendations Dear Ns. Mabusth: Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and make the following comments: • For future improvements to the CSAH 84 McCulley Road intersection, the developer should dedicate an additional 7 feet of right of way for a total of 40 feet of right of way from and along the CSAH 84 centerline. The developer must have an approved Hennepin County entrance permit before beginning any access construction to CSAH 84. The developer can contact Dave Zetterstrom at 930-2548 for general access requirements, reaction to developer proposed location of curb cuts, and entrance permit forms. • All proposed construction within County right of way requires an approved Hennepin County permit prior to ..beginning construction. This includes, but is not limited to drainage and utility construction, trail development and landscaping. Contact our Permits Section at 930-2550 for utility permit forms. • The developer must restore all areas, within County right of way, disturbed during construction. Department of Public Works 320 Washington Avenue South Hopkins, Minnesota 55343-8468 (612) 930-2670 FAX:(612) 930-2513 TDD:(612) 930-2696 RjocL’J Paper Jeanne Mabusth October 12, 1994 Page 2 Please direct any response to Doug Mattson c1 Sincerely, . Thomas D. Johnson, P.E. Transportation Planning Engineer TDJ/DBM 6375S88 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 5 0 K_____ A RESOLUTION APPROVING THE PLAT OF BAYSIDE HILLS FILE NO. 1976 \VHERE.\S, the City of Orono is a municipal corporation organized and existing under the law.*; of the State of Minnesota; and \MIEREAS, the City Council of the City of Orono lias adopted subdivision reculations for the orderly, economic and safe development of land within the City: and UTIEREAS. the Cit>' Council has ccnsidered the application for a .subdivision of a Class III plat by Don P. Gamble. Ill and Quatro, Inc., a Minnesota corporation, (hereinafter "the subdividers";; and WHEREAS, on November 14, 1994. the City Council approved Resolution No. 3495 approvina the preliminary plat of two lots and the lot width variances based on tlie unique findings and hardships set forth in that lesolution. Subdivision has been found to meet all on.er standards of the RR-IA Rural Residential Zoning District finding that each lot :s ol a size and configuration that would allow its use .^s a single famuy residence to be fully develo}>ed without w the need of any further variances: and WHERE.AS, the subdividcr has completed all requirements of the planing reculations of the City, including: 1. Completion of all the requirements of Resolution No. 349j. the resolution that granted preliininaiy approval of the tv o lot plat. 2. Dedication on the plat of drainage and utility easements. 3. Dedication on the plat of right-of-way for a public road shown as Bayside Read (County Read No. 84). 4. Pavmeni lo the City of the park dedication fee in the amount of SIO.400.00. Page 1 of 3 CITY of ORONO RESOLUTION OF THE CITY COUi'.’CIL NO. . 8 .5 0 5------- 5. Payment to the City for the legal review and filing of the plat easements and covenants in the amount of S75.00. NOVN, iHEREFORE, li£ IT JvESOL’iTD, that the dry Ccuncil of the City of Orono hereby approves the plat of Bayside Hills, Hennepin County, Minnesota, subject to the following conditions: ^ 1. Upon application for building permits for Lots 1 and 2. the ftiture owners or ilieir representatives shall provide detailed grading, drainage and erosion control plans for construction of driveways to serve new building sites. The Orono City Ensineer must approve the grading plans for the two driveways before building permits can be issued. ^ 2. An access permit must be approved by the Orono Public Works Director if access to Lot i shall be achieved via McCulley Road. The Hennepin County Department of Transportation permit is required if access is to be achieved via Bayside Road (County Road No. 84). These permits must be approved before building permits can be issued. Future access to the Luce Line for Lot 1 has been approved as a trail constructed on e.xisting grade to be covered with wood chips. Any future changes in this approved plan must be reviewed by the City. 4. The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder ’s Office or the Registrar of Title’s Office on or before June 12, 1995 together with a certified original copy of this resolution. The approval granted by this resolution .shall expire if the piat has not been pled by 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 12th day ot December. 1994. ATfTEST: ^^othy Tallin, City Clerk tHward J. Caliban. Jr.. Mayo; P.age 2 of 3 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3485 A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLA^^UI SUBDmSION FOR PROPERTY LOCATED AT 4680 BAYSIDE , - FILE NO. 1976 •4 WHEREAS, Don P. Gamble, III and Quatro Oil Venmres. Inc. (hereinafter "the subdividers"), on September 23, 1994, filed a formal subdivision application with the Cit>* for approval of a two lot Residential plat of property legally described as: 6ullor-*1C,*'Painters Creek, according to the plat on file in the office of the County Record^pf'Hennepin County, Minnesota (hereinafter "tlie property"); and j WHEREAS, after due published and mailed notice in accordance with Mimiesota /Statutes 462.358 et. seq. and the City of Orono ’s Zoning and Subvli\i5lon Codes, the Orono Iplanning Commission held a pu^Jlic hearing on October 17, 1994 at which time all persona jdosiring'to be heard concerning this application were given the opportunity to speak thereon, and % 0 ! ^ WHEREAS, atlheir regular meeting held on November 14, 1994, the Orono Oty ‘cfouncil considered the subdivision application of the subdividers, noting the following findings i )f fact:% S . . ' 1. The property's located within the RR-IA Single Family Rural Residet;tial Zoning District reqjiiring a minimum of 5 acres of dry buildable land within each newlv created lot,. » 2. ‘ The pfojSfrty consists of 13.38 acres of drj’ lands. Lot 1 con sL^ts ot 6.8 acres and 1-ot 2 consists of 6.51 acres. The lots do not meet the required lot width of 300 ’ to the rear of the 100’ street/front setback. The Planning Commission approved the width variances based on the follouing uruque findings and hardships: a.The e.xisting parcel is configured such that Lot 2 can only achieve access via a 237’ platted corridor. Page 1 of 5 fprnmyt CITY of ORONO ► RESOLUTION OF THE CITY COUNCIL NO- 8 4 9 D b.Per Section 10.02, Definition 36 that defines a front lot line for a comer lot, the front lot line for Lot 1 must be defined at_Count\‘ Road 84 where the existing platted corridoLmeasurgLonbllZP ’- c.Lot 1 would not require a lot width variance if the front/street yard was defined alonc» McCulley Road where there is some 745 lineal feet. d.Access for Lot 1 will be provided along McCulley Road and yet the code would require that the front/street yard be defined at Bayside Road. 3. Both lots have adequate and suitable soils for on-site treatment facilities. Each lot has been approved for access either at Bayside/County P.oad 84 or McCulley Road. 0.Each lot can be developed without the need for granting setback variances for residential construction. NOW THEREFORE, BE IT RESOLVED, that based upon one or more of the nndincs noied above, the City Council of the City of Orono hereby approves the prehmina^ plat application of Don P. Gamble, III end Quatro Oil Ventures, Inc. Raymond A. Prasch, a licensed survey of Lot Surveys Company, Inc. dated 9-_-94, s j the following conditions; 1.Dedication of an additional 7’ of right-of-way for future improvements at the intersection of County Road 84 and McCulley Road. The T of additional iight- of-v.ay shall extend for 40’ starting at the intersection of McCulley Road and County Road 84 and run easterly along County Road 84. Dedication of drainage and utility easements 10' along the perimeter boundar> of the properties and 5’ along the shared lot lines. All residential construction shall meet required setbacks of RR-IA zoning district as follows: 100’ front and rear setback 50’ side setback. Page 2 of 5 .—.... CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 ^ ^ ^______ 4. 5. 6. /. 8. Developer to obtain a demolition permit for the removal of the barn on Lot 2 to be completed prior to final plat approval. Upon application for building permits for Lots 1 and 2, future ow ner shall provide detailed grading, drainaee and ero.sio n control plans for cons tnictio n of driveways to serve ~neVbuilding sites. The City Engineer must approve grading plans for driveway construction before building permits can be issued. An access permit must be approved by the Public Works Director if access to Lot 1 shall be achieved via McCulley Road. If access is to be achieved via Bayside, a Hennepin Count\- DOT permit is required. These permits must be approved before a building permit can be issued. Prior to final plat approval, subdivider is responsible for locating existing wells and to confirm which well shall remain to serve funire residential construction. .Any well to be abandoned must be permitted by appropriate State and County atiencies. The subdivider must provide w'ritten confirmation that wells have been legally abandoned prior to final plat approval. Future access to Luce Line Trail for Lot 1 has been approved as a trail constructed on existing grade and to be covered with wood chips. Any changes in this approved plan must be reviewed by the City. 9. Payment of a park dedication fee prior to final plat approval. The City Assessor shall be asked to determine the fair market value of the undeveloped land. The park dedication fee shall be based on 8% of that value. 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 founh Mondays of the month. These submittals are as follows: 1.Record plat drawings in the form of two (2) mylar copies (with one copy for the City records and one for filing with Hennepin Count}') and one (1) copy reduced to i" = 200 ’. Drawina to include: Page 3 of 5 r CITY of ORONO RESOLUTION OF THE Cil Y COUNCIL NO. 8 4 9.^_____ A.Lot lines platted per preliminary survey by Raymond A. Prasch of Lot Surveys Company. Inc. dated September 27, 1994. B. Dedication of "drainage and utility easements" as noted in Item 2 above. C.Dedication of additional 7’ of right-of-way for County Road 84 as noted in Item 1 above. D. Naming of plat. Legal documents required: A. other documents affected by such interest. • • • . . I v ~ V • ' V _______ Title opinion addressed to ilie City’. All owners, mortgage ..holders ,or others wiiii property interest indicated therein shall sign the plat and ail B. The applicant must provide certified copies of all recorded easements currently affecting the property. C. If appropriate, written confirmation that wells to be abandoned have been abandoned per State and County standards. The subdivider shall confirm location of existing wells to remain to serve future residential construction with On-Site Septic Manager, Stephen Weckman. D. Subdivider shall obtain demolition permit for removal of bam on Lot 2. 3. Fees to be paid: Total due: S250.00.* A. Final plat fee = $175.00 ,*rr/ -r Xml I I I. f r T • 4>.*rr r-u r “f i. ‘ ^ ..Vt- 1 ..'.‘."Ann^ ^ w w-'rv V i s * * wC c ; UXm !\ t • X U * V -rv V - B. Legal review and filing fees for subdivision — S75.00. Citv Assessor to determine the fair market value of undeveloped i\0* park fee shall be based on S% of that value. Such payment must be made prior to final plat approval. .Applicant will be advised of determination of the park dedication fee as soon as the City Assessor makes his report to the City. Page 4 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 4 9 fi______ Adopted by the Cit>’ Council of the City of Orono. Minnesota at a regular meeting held this 14th day of November, 1994. Edward J. Gallon. Jr., Mayor STATE OF xMINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th da> of November, 1994 by Edward J. Callahan, Jr. & Dorothy M. Hallin. Mayor <fc City Clerk of e Cit>- of Orono, a Minnesota municipal corporation and said instrument was executed on beha* of the City. -/* . ' • ’'x* •• 'U^'DA S. VEE f public - w..nn £sota ■ ■ COUNTY V*'’ > .•' My iornr.-jilcn expiroi (M2-96 / - • Notar>' Public Pace 5 of 5 , ..... ^ ^ J J>l I J I vX.j.J.1.1 «i * VJ "71 3S -v^------ 'iii'jo’ S6i * VVVJ St 61 •v>; 0 c» o CJ- .V * • ; 1 . • *. HQs aao (?<•>»HENNEPIN COUNTY Transportation Department 1600 Prairie Drive • Medina, MN 55340-6421 Permit No.4326 DRIVEWAY OR STREET ENTRANCE PERMIT AND SPECIAL PROVISIONS Field inspected by Dabe Zetterstroin n»r« 9/24/98 Location 1184 NE Quad Co Rd 19 Nearest Cross Street (if ruraO Speed zone 35 A.D.T. --490 350*Sight distance; Actual-Left _______ • Minimum * Left “"** 440 . 1 a Rinht 200 (to Intersection)* Right - 350 Curb to be removed to: □ Construction Joint □ Sawed Joint Recommended drainage: □ Surface Q Culvert Culvert length _ To be determined 1. CONSTRUCTION SPECIFICATIONS (Within Right-of-Way) * Below recotmiended minimum _______ Culvert diameter _____________ SURFACE CURB SIDEWALK SHOULDER BLVD. DITCH Type TypA CR Rock Type Tvoe Tvne Tonnoil X D«pth Depth _4" Min Design Deoth Depth Depth ^ ■f seed or sod 2. TRAFFIC CONTROL REQUIREMENTS 3. SPECIAL PROVISIONS Plate §2 or #3 as needed One 14* minimum, 22* maxImuiA width private driveway permitted as sketched. Drainage provisdons to be determined during grading. RSCEiVED OCT 0 6 1998 CO T Or ORONO DO NOT PLACE CONCRETE ON COUNTY RIGHT-OF-WAY WITHOUT WRITTEN PERMISSION. IF YOU HAVE ANY QUESTIONS. CALL (612) 745-7643. Final inspectton date Driveway was found to be □ Satisfactory □ Unsatisfactory Inspected by_________________________ APPROVED/DENiEe; HENNEPIN COUNTY Transportation Dept. z'. ■ Date /o - / -. ; n 9 II I • m. •fe.: 3 hi Psi *1*ilifl!J t t 5 3! I 111 I I III I P! IIis ^ ^ «<lI 1 1 1 1IIM (V ^'- . !l fVO ^' •^5. f? 51 ««s 4^ I 8|!': Il I®*! 1^1 *• 11® u-If I lijJ , 3, I I ? lit 1^ I ||il V 5 ««» avou A77nOON V s I \ Date of Application: 1/19/99 Date Complete: 1/19/99 60 day limit: 3/19/99 FEB 2 2 1999 I I wr REQUEST FOR COUNCIL ACTION DATE: ITEM NO.: ~? Department Approval: Administrator Reviewed: Name Liz Van Zomeren Title City Planner / Agenda Section: Zoning Item Description:^2455 Kristine E. and Roger E. Strauman 123 Chevy Chase Drive Variance-Resolution Zoning District:R-IA One Family Rural Residential District (1 acre) Lot Area:.529 acres Application:The applicants are applying for a lot area variance in order to remove the existing residence to construct a new residence on a .529 acre lot where 1 acre is required. STAFF RECOMMENDATION: To approve. PLANNING COMMISSION RECOMMENDATION: To approve (4-0). COUNCIL ACTION REQUESTED: To amend or approve the attached resolution. Attachments A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 5 (B) FILE #2455 WHEREAS, Kristine i. Strauman and Roger E. Strauman (hereinafter "the applicants") are owners of the property located at 123 Chevy Chase Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 12, Block 1, Hill O'Way Manor, 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 February 16, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.20, Subdivision 5 (B) to permit a lot area variance to remove the existing residence to allow for a new residence to be constructed where .529 acres is the total lot area and a minimum of 1 acre is required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, 1. 2. 3. FINDINGS This application was reviewed as Zoning File #2455. The property is located in the R-IA Zoning District, where 1 acre or 43,560 sq ft. is the minimum lot area. The property consists of .529 acres. The Planning Commission reviewed this application on February 16, 1999, and recommended approval on a vote of 4 to 0. Page 1 of 4 4. The Planning Commission made the following findings of fact: A. The proposed residence will meet the minimum setback requirements for the R-IA Zoning District. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the 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 a variance to Municipal Zoning Code Section 10.20, Subdivision 5 (B) to permit the existing rc'^idence to be removed to allow for new construction on a lot with .529 acres where 1 acre is required. Approval was subject to the following conditions; 1, 2 The applicants shall apply for a demolition permit. 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 permi* within one year of the date of Council approval, or this variance will expire on that date (February 22, 2000). 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. Page 2 of 4 ATTEST: 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 22nd day of February, 1999. 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 22nd day of February, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minr esota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_before me a Notary Public within and for said county, personally appeared ________________________________________ known to me to 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 , 199 before me a Notary Public within and for said county, personally appeared _____________________________________ known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4 TO: FROM: DATE: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Liz Van Zomeren, City Planner/Zoning Administrator February 2, 1999 SUBJECT: #2455 Kristine E. and Roger E. Strauman 123 Chevy Chase Drive Lot Area Variance-Public Hearing Zoning District:Rl-A One Family Rural Residential District (1 acre) Lot Area:142.2’ X 142* X 176.42' x 147.52' (.529 acres) Exhibits: A Application B Plat map B2 Property Owner's list C Survey D Front Elevation El Left Elevation E2 Right Elevation E3 Floor plan F Permit Record Application: The applicants ovvn the subject property and are requesting a lot area variance to remove the existing residence that was constructed in 1954. The lot is approximately .529 acres and the minimum lot area requirement is 1 acre. A lot area variance is required to construct a new residence. Pertinent Ordinances: 1. R-IA Standards, Section 10.20.5 (B) #2455 Roger and Kristine Strauman 123 Chevy Chase Drive PC-2/I6.'99 page-1 ANALYSIS Lot Area and Yards R-IA District Standards Lot Area Lot Width Street Yard Side Yard Side Yard Adjacent to Street 1 aero 140’35'10’35' Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Side Yard Adjacent to Street .529 acres 142'36' proposed 31'and 39' proposed Not applicable The subject lot conforms to lot width and the proposed structure will meet all setback requirements. The lot does not meet the minimum lot area requirements. A lot area variance is required. STATEMENT OF HARDSHIP The applicant has indicated that the lot was platted prior to the existing minimum lot area requirements. STAFF RECOMMENDATION The lot area is consistent with the neighborhood and the proposed residence will not require further variances. To approve the lot area variance. #2455 Roger and Kristine Strauman 123 Chevy Chase Drive PC‘2/16/99 page-2 \ CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50,00 per each additional variance) Renewal Variance Fee $150.00 (no change from ori^al application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address IZ5 C.Ke.\/lA ClVlC^ DriW______________ Property Identification Number 1P.I.D.)?^/^--[ iff-- A AJ t t J * * f* A* * * f t 1 * -1 Application# 7_ ^55 Date Received Amount Paid 26 A" Attach legal description to application if not included on required survey. Date Property Acquired 8~fo- ^8 I (do) (do not) also own the adjacent parcels of land. Present use of property; ___residential ___^other (specify). Zoning District: R- 1 K_____( I (XCrd^______________ .(month/year) APPLICANT Phone (home) g)l 2- ^3- Name £ . Qyvd Rogpy 6. 5fYAi)iYYTr\ Phone(work) frS I - <4 Address: 420 Pmrvl giHy. CiVd<i City: UiAtprhfn _____Zip: 6S?S<^l OWNER (if different than applicant) Name Phone (home). Phone (work). Address;City:.Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $ 1*1^^000 Describe request in detail: \A/rMAlri -fn Qy\t\ 1/^ DAki nr\ V? HiCY^ /of-_____________ (attach additional sheets if necessary) VARIANCES REQUIRED X Lot Area Lot Width Setback:Front Side Hardcover Rear Lot Coverage 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: |a 4- WQc -fPC- Ciui^e^ 7n¥\\f^ r^qjiW^rr^jrAs. T > r-^virp. girvl -nlyvlYvi trvyvl -fnrs rmw| • (attach additional sheets if necessary) f o DAN-DAR aCMGS LOT SURVEYS COMPANY, INC. LAND aURYEYORS UEG:STEUED UNDCII laws of state of MINNESOTA 7001 • 73cd Avenue NortJi MloneapuIU, MlnneioU 00428 0itniri|i)rji CUfrilfUalf INVOICC NO. .JlilS-l— F.lt.NO. Z/LJO-t. SCALf: I”--------2U1_. O-DENOTCSmON 6004093 Lot 12. Clock t, IIILL O'MAY MANOR The only tuements thown lut from ptM) of roconf or Infomutlon provWod by cB«r>L YM hereby certify thel this Is a Inie erYd corroci roprosenletlon of a aurray of the youndarlat uf the above Oasalbad Uml ami the location of an UiUdhioo and via* W encroochmonis, If any, Itom or on aekl lend. 8urvtyodbyutltils_JfUl___deyof___JURC______W . „ 07________ Slfncd Raymond A. PraKli, Minn. Re«j. No. *3 • • E 4 \ • • h • * <l\ OI t ^ ■■ ■ •.113 .} . ■. , .•■X ^.,* sJK tr .€<!■ • • V * 4797 V ! AROe 61 *% ».. • «1 ‘in Nnr 9 • • *.4 • • .. I- ^ ■ .•Ci: jj • > , • • * -- fl; J •'. • . . ••• / % ••• *•• ••• • • •’ V • • %’ * *• • ^ * • • ’ • • • .»• • • • # • •/ . • - t* f. .* •*• • •*>• • • . • < • t •h •• •*•••* •. , • • .• • • . # •< - • • • • •^ - V ^ * •*• •iwT' • % • % ••m 3.V Permit No ne •9t> •? e /i?SY7 PERMIT RECORD Date L V9o?7 ?-sr-^o 7- a % / QA'JL a Ju CjxOi^J^. Type of Permit nJ'votf^^p REQUEST FOR COUNCIL ACTION •3 FEB 2 2 1999 Date: February 18,1999 Item No.: ^ Department Approval: Administrator Approval: Name: Michael P. Gaffron Title: Senior Planning Coordinator Agenda Section: Zoning Item Description: #2459 Corrections to Ordinance No. 161, 2nd Series -Telecommunication Towers and i Vntennas - Ordinance Adoption List of Exhibits A - Ordinance for Adoption B - Planning Commission Memo 1-29-99 C - Ordinance 161,2nd Series Summary Ordinance No. 161,2nd Series, adopted May 27,1997, contained t^\'o minor errore which have come to light as a result of incorporating the ordinance into the appropriate Zoning Code sections. The proposed ordinance is essentially a 'housekeeping' ordinance to make corrections. Specifically: 1. The new Accessory Antenna provisions were not incorporated into the B-1 District standards after the old 'antenna structure' and 'antenna' conditional use sections were deleted from B-1. 2. Personal Wireless Service Antennas and Towers were intended by Council to only be allowed on municipal structures, i.e. the two Orono water towers. Ordinance 161 intended to allow such use only in the two zoning districts in which the water towers are located, i.e. the RR-IB and LR-IC districts. However, Ordinance 161 inadvertently incorporated this provision into the B-1 district rather than the LR-IC. Planning Commission Recommendation Planning Commission reviewed the proposed ordinance corrections at a public hearing on February 16, and voted 4-0 to recommend adoption as presented. No public comments were forthcoming. Planning Commission briefly discussed the fact that accessory antennas have never been specifically allowed in the B-2 or B-5 districts (and still won ’t be after adoption of the corrective ordinance). Planning Commission concluded that is a topic for future discussion, and should not be addressed as part of this merely corrective action at this time. #2459 - Telecommunicatii n Ordinance February 18,1999 Page 2 Staff Recommendation The attached ordinance corrects these two errors by deleting and readopting the correct language within the appropriate code sections. No language changes are proposed that would change the specific wording of any of the individual provisons or standards. COUNCIL ACTION REQUESTED Adopt the attached Ordinance Amending Orono Zoning Code Sections 10.25 and 10,40 and Amending Ordinance No, 161,2nd Series Pertaining to Regulations for Construction and Placement of Telecommunication Towers and Antennas. ORDINANCE NO. AN ORDINANCE AMENDING ORONO ZONING CODE SECTIONS 10.25 AND 10.40 AND AMENDING ORDINANCE NO. 161,2ND SERIES PERTAINING TO REGULATIONS FOR CONSTRUCTION AND PLACEMENT OF TELECOMMUNICATION TOWERS AND ANTENNAS The City Council of the City of Orono, Minnesota does hereby ordain: Section 1. Section 8 of Ordinance No. 161,2nd Series adopted by the City Council on May 27, 1997 is hereby deleted, and the following language substituted in its place: "Section 8. Section 10.40, B-1 Retail Sales Business District, Subdivision 4(F) is hereby deleted and the following language substituted in its place: "F. Public Services. Public service structures, including but not limited to, electric transmission lines and buildings such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations and electric power substations. Personal wireless service and commercial broadcasting antennas and towers shall not be considered public service structures." Section 2. Orono Municipal Zoning Code Section 10.40, Subdivision 4(1), "Antenna Structure" is hereby deleted. Section 3. Orono Municipal Zoning Code Section 10.40 Subdivision 5(H), "Antenna" is hereby deleted and the following language substituted in its place: "H. Communication Reception/Transmission Devices. 1. Accessory Antennas. Accessory antennas shall be limited to radio and television receiving antennas, satellite dishes, TVRO's, and amateur short-wave radio transmitting and receiving antennas. Accessory antennas that are accessor>’ to the principal use of the property are permitted accessory uses in all zoni:ig districts provided they meet the following conditions: a. Height. A ground mounted accessory antenna shall not exceed twenty (20) feet in height from ground level. Page I of 4 b. Yards. Accessory antennas shall not be located within the required front yard setback, comer side yard setback or side yard setback abutting a street. c. Roofs. If vegetation or obsUiictions interfere with satellite signals at a location in any allowable placement area, the accessory antenna may be placed on the roof of any authorized structure on the premises. d. Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements. Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna. e. Building Permits. A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural component data for the accessory antenna, including details of anchoring. The Building Official must approve the plans before installation. f. Lightning Protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the City of Orono. g. Electrical Code. Acessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the City of Orono. h. Color/Content. Accessory antennas shall be of a neutral color and shall not be used as signage. 2. Amateur Short-Wave Radio Antennas and Towers which do not meet the conditions for accessory antennas, may be allowed with a conditional use permit m all zoning districts provided they meet the following conditions: a. Height. When an amateur short-wave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet. b. Yards. Amateur short-wave radio antennas and tpwers shall not be located within a front, comer side or side yard. c. Setbacks. Amateur short-wave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower from the property line. Page 2 of 4 Section 4. Orono Municipal Zoning Code Section 10.25, Subdivision 3 is hereby amended by adding Subdivision 3(B) to read as follows: "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. Smictural design, mounting and installation of the antenna shall be in compliance with manufacturers specifications and shall be verified and approved by a registered professional engineer. c. No advertising mesage 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. e. Whe • y'f 'ublt, , .oposals to erect new antenna shall be accompanied by any required federal, <n ‘ cal 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 comf atible with the character and environment of the area in' which they are located. Page 3 of 4 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." Section 5. Adoption and Publication. This ordinance shall be published in The Pioneer and The Laker newspapers and become effective immediately upon publication. Adopted by the City Council of Orono, Minnesota on this 1999 by a vote of___ayes and ____nays. day of ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Page 4 of 4 To:Chair Smith and Planning Commission Members Ron Moorse, City Administrator From:Mike Gaffron, Senior Planning Coordinator Date:January 29, 1999 Subject:#2459 - Corrections to Ordinance No 161, 2nd Series (Telecommunications Towers and Antennas) List of Exhibits A - Proposed ordinance B - Ordinance 161,2nd Series as adopted May 27, 1997 There is a need to clarify and correct certain provisions of Ord. #161,2nd Series which was adopted in May 1997. That ordinance deleted, added or revised language in a number of code sections, as follows: 1. 2. Added a number of antenna-related definitions to Section 10.02 ("Definitions"). Added a sentence of qualifying language to Section 10.03 ("General Provisions") Subd. 17 stating personal wireless and commercial antennas are not public service structures. 3.Added a sentence of qualifying language to the R-IA Public Service Structures conditional use in Section 10.20 ("R-1A District) Subd. 3D. 4. Deleted 'Antenna Structures' from the list of R-1 A conditional uses in Section 10.20, Subd. 3. 5. 6. Deleted 'Antenna' from the list of R-1 A accessory uses in Section 10.20 Subd. 4. Added language to the list of R-IA accessory uses to include 'Accessory Antennas' and Amateur Shortwave Radio Antennas and Towers' in Section 10.20 Subd. 4H. 7.Added 'Personal Wireless Service Antennas and Towers' to the list of RR-IB permitted uses in Section 10.28 ("RR-IB District") Subd. 2B. 8.Added qualifying language to 'he B-1 Public Service Structures permitted use in Section 10.40 ("B-1 District") Subd. 3 F. 9.Apparently deleted 'Antenna Structure' from the list of B-1 permitted uses in Section 10.40 Subd. 31. 10. Apparently deleted 'Antenna' from the list of B-1 accessory uses in Section 10.40 Subd. 5H. Telecommunication Towers and Antennas January 29,1999 Page 2 11. Apparently added 'Personal Wireless Service Antennas and Towers ’ to the list of B-1 (permitted? r-onditional? accessory?’! uses in Section 10.40 Subd. (3? 4? 5?). 12. Added qualifying language to the B-4 Public Services conditional use in Section 10.43 ("B-4 District) Subd. 4J. 13. Added qualifying language to the B-5 Public Serv ice Structures conditional use in Section 10.44 ("B-5 District") Subd. 4C. 14. Deleted 'Antenna Structure' from the list of Industrial District conditional uses in Section 10.50 ("I District") Subd. 3B. 15. Deleted 'Antenna or antenna structures' from the list of structures that could be allowed 50% height increase via CUP in Section 10.75 ("Height of Structures") Subd. 1. Functional Impacts of Items 1-15 The impact of item 1 is to define the various telecommunication terms. The impact of items 2-3-8-12-13 is that "personal wireless service and commercial broadcast antennas" will nol be considered as public service structures, and therefore do not fall under the public service structures CUP. The impact of items 4-5-6 is that Accessory Antennas are now an allowed accessory use in the R-1A (and in all other R districts that refer back to the R-1 A accessory uses) subject to detailed regulations; and that Amateur Short Wave Radio Antennas and Towers which do not qualify as accessory antennas mav ^)e allowed via a CUP if they meet certain standards. The impact of item 7 is that Personal Wireless Service Antennas and Towers are allowed as a highlv- regulated permitted use in RR-IB and RR-lB-1. only when placed on a municipal structure (i.e. the water tower near City Offices). The impact of item j 9-10 is that Anterma Structures are no longer allowed as a conditional use in the B-1 District, and Antennas are no longer allowed as an accessory' use in B-1. These two items act to make all existing B-1, C-3, B-4, B-6 and T district antennas non-conforming, and make B-1 and B-3 antenna structures non-conforming. This is because no new Accessory Antenna provisions were adopted for B-1. Section 3 of the proposed ordinance y\ill take care of this problem by allowing accessory antennas and amateur short-wave antennas/towers in these "B" districts under the same conditions they are allowed in the Residential districts. Telecommunications Towers and Antennas January 29, 1999 Page 3 The impact of item 11 is that Personal Wireless Ser\dce Antennas and Towers are allowed as a highly-regulated (permitted? conditional? accessory?) use in the B-1 and B-3 districts (and also in the B-4, B-6 and T districts if it is an accessory use in B-1) only when placed on a municipal structure...but there are no municipal structures in the B-1. B-3. B-4 or 1 districts!!!! The Navarre water tower is in the LR-IC district. The only municipal structure in B-6 is the well house near Otten Brothers Nursery. Since we don ’t want a PWS antenna or tower on the well house, then item 11 needs to be dropped. Section 1 of the proposed ordinance deletes the portion of Ord. 161, 2s that allowed Personal Wireless Service Antennas and Towers in the B districts. It also re-enacts the portion that adds qualifying language to the Public Services conditional use. Section 2 deletes the "Antenna Structure" conditional use from B-1 in the same way it was deleted in all other districts. The impact of item 14 is that any existing I district antenna structures are now' non-conforming . This is also resolved by Section 3 of the proposed ordinance. The impact of item 15 is that antennas and antenna structures are no longer allowed a 50% increase in height via CUP. Clarifying Questions Q. Did the Council intend that Accessory Antennas not be allowed in the *B' or T districts? This has a significant negative impact on existing businesses, as many have existing accessory antennas which are no longer conforming. It is staffs opinion that the Council did not intend to disallow accessory antennas in the B and 1 districts. To resolve this, we should simply add the 'Accessory Antennas ’ and 'Amateur Short Wave Radio Antennas and Towers' provisions into the B-1 list of accessory uses (Section 3 of proposed ordinance). This will allow such antennas and towers in B-1, B-3, B-4, B-6 and I districts (but not in B-2 or B-5, which do not reference the B-1 accessory uses). As a separate issue not to be dealt with at this time, should accessory antennas be allowed in B-2 or B-5? Some may already exist... Q. Did the Council intend that Personal Wireless Service Antennas and Towers be limited to just the two City water towers? Staff believes this was the Council's intent. If so, then the Personal Wireless Service Antennas and Towers provision should be removed from the B-1 section and placed in the LR-IC section. Sections 1 and 4 of the proposed ordinance accomplish this. Telecommunications Towers and Antennas January 29,1999 Page 4 Staff Recommendation Staff recommends adoption of the attached ordinance which: 1. 2. 3. Adds the 'Accessory Antennas’ and 'Amateur Short Wave Radio Antennas and Towers' provisions into the B-1 list of accessory uses. Rescinds Section 8 of Ordinance No. 161 2nd Series and correctly re-adopts the first three provisions of Section 8 (adding language to 10.40 Subd. 3F, deleting 10.40 Subd 41, and deleting 10.40 Subd 5H). Adds the 'Personal Wireless Service Antennas and Towers' provisions into the LR-IC list of accessory uses. A topic which may ultimately need discussion at some future date is whether antenna provisions should be added to the B-2 and B-5 districts. However, that was not intended to be part of this merely 'corrective' action regarding Ordinance 161 2s, and cannot be acted upon without a separate hearing. Options for Action Accept any public comments at the public hearing, then: 1. Recommend adoption of ordinance as presented; or 2. Recommend adoption with changes; or 3. 4. Table; or Other. ij-O ^ ’ n. ORDINANCE NO. 161 > 2nd Series AN ORDINANCE AMENDING ORONO’S ZONING CODE . BY EBTABIilSHING REGULATIONS FOR CONSTRUCTION AND PLACEMENT OF TELECOMMUNICATION TOWERS AND ANTENNAS The City Council of the City of Orono ordeiins: Section 1. That Section 10.02 "Definitions" of the Orono City Code is hereby amended by adding subsections (5A) "Antenna", (5B) "Antenna Support Structure", (5C) "Antenna Tower", and (56B) "Secondary Use" and amending (54) "Public Services" to read as follows: • (5A) Antenna. Any of the below described uses requiring an antenna shall be subject to the regulations of this Code: , . (i) Antenna. Personal Wireless Service. A device consisting of a metal, carbon fiber, or other electromagnetically conducive rods of elements, usually arranged in a circular array on a single supporting pole or other structure, and used for the transmission and reception of wireless communication radio waves including cellular, personal communication service (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services and including the support structure thereof. (ii) Antenna. Radio and Television Receiving. A wire, set of wires, metal or carbon fiber element(s), other than satellite dish antennas, used to receive radio, television, or electromagnetic waves, and including the supporting structure thereof. (Hi) Antenna. Satellite Dish. A device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition shall include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television, receive only) and satellite microwave antennas and support structure thereof. (iv) Antenna. Short-Wave Radio Transmitting and Receiving. A wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element used for the transmission and reception of radio waves used for short-wave radio communications, and including the supporting structure thereof. 1 (5B) Antenna Support Structure. Any building or other structure other than a tower which can be used for location of antennas. (5€) Antenna Tpwer. ^ self-supporting lattice, guyed or monopole structure constructed from grade which supports personal wireless service antennas. (54) Public Services. Underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or -disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including buildings or major structures located above ground level. Personal wireless services and commercial broadcasting antennas and towers shall not be considered public service structures. (56B) Secondary Use. A use ofland or ofa building or a portion thereof which is subordinate to and does not constitute the primary use of the land or building. I • Section 2. That Section 10.03, General Provisions, Subd. 17, Essential Services, of the above-entitled ordinance be amended to read as follows: Subd. 17. This Zoning Chapter shall require a permit for all structures including utility poles and right-of-ways which are an integral part of a system for public transportation as for transmitting power, water, heat, communications, gas or sewage by any public utility. The Council shall grant a conditional use permit only after a showing that the public safety, health and welfare will not be harmed by the essential services. Personal wireless services and commercial broadcasting antennas and towers shall not be considered essential services. Section 3. That Section 10.20, R-1 A, One Family Residential District, Subd. 3 (D), of the above-entitled ordinance be amended to read as follows: D. Public Service Structures. Public service structures, including but not limited to, electric transmission lines, buildings such as telephone exchange stations, booster or pressure regulating stations, wells, and plumbing stations, elevated tanks, lift stations and electrical power substations, provided no building shall be located within 50' from any lot line of an abutting lot in an "R" District. Prior to granting such permit it shall be found that the architectural design of service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare. Public service structures as defined above that have been approved by the City at required public hearings for public improvements projects shall not require a conditional use permit but such structures shall be subject to all other appropriate standards » . set forth in this section; amendments to approved plans involving design and/or placement of these structures will require written notice by the City to all affected property owners 14 days prior to the adoption of the amended plans by *the Cotmcil. personal wireless services and commercial broadcasting antennas and towers shall not be considered public service structures. Section 4. That Section 10.20, R-1 A, One Family Residential District, Subd. 3 of the above- entitled ordinance be amended by deleting (K) and (M) as follows: K;-----Antenna Strueturea.-One independent antenna stfueture with-antenna-o f combination of antenna attached thereto;- subo rdinate to and servicing the principal use o r structure on the same lot and customarily incidental thereto feat is net attached to anther atrueture provided the height of the antenna structure docs not exceed 6 5 feet and the antenna structure is set back fi?em any let line-a distance at least equal to the to tal height of the antenna ^ 4 _3u UvruivT I • M:-----Antenna Structurca. -One independent antenna structure with antenna or combination of 'ontenna attached thereto, subordinate to and scrvicmg the principal use or strueturc o n fee same lo t and customarily incidental thereto that is not ottaehed to anther structure provided the height of the antenna structure do cs not exceed 6 5 feet and the antenna structure is se Section 5. That Section 10.20, R-1 A, One Family Residential District, Subd. 4 of the above- entitled ordinance be amended by deleting 6^) to read as follows: -----Antenna. Any antenna or combination of antenna rigidly-attached to fee principal o r accessory structure provid ed’feat none of the foregoing exceeds the total height allowed in Section 10.?St Section 6. That Section 10.20, R-1 A, One Family Residential District, Subd. 4, (H), of the above-entitled ordinance be amended by adding a new subsection (H) to read as follows: H. Communication Reception/Transmission Devices of the Orono City Code is hereby added to read as follows: Accessory Antermas. Accessory Antennas shall be limited to radio and television receiving antennas, satellite dishes, TVROs, and amateur short-wave radio transmitting and receiving antennas. Accessory Antennas that are accessory to the principal use of property are permitted accessory uses in all zoning districts provided they meet the follotring conditions: .• , (a) Height A ground mounted accessory anterma shall not exceed twenty (20) feet in height from ground level. (b) ^ , Yar/ls. Accessory anteimas shall not be located within the required front yard setback, corner side yard setback or side y^d setback abutting a street. (c) Roofs. If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area, the accessory antenna may be placed on the roof of any authorized structure on the premises. (d) Accessory antermas shall not be located within a required yard or setback area or within drainage or utility easements. Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna. (g) Building Permits. A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural component data for the accessory antenna, including details of anchoring. The Building Ofricial must approve the plans before installation. Lightning Protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the City of Orono. Electrical Code. Accessory antenna electrical equipment and coimections shall be designed and installed in conformance \vith the National Electrical Code as adopted by the City of Orono. (h) Color/Content Accessory antennas shall be of a neutral color and shall not be used as signage. Amateur Short-Wave Radio Anteimas and Towers which do not meet the conditions for accessory anteimas, may be allowed with a conditional use permit in all zoning districts provided they meet the following conditions: Height. When an amateur short-wave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet. •v*' . i . i' (b) Yards. Amateur short-wave radio antennas and towers shall not be located within a front, comer side or side yard. (c) Setbacks. Amateur short-wave radio anteimas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower from the property line. Section 7. That Section 10.28, RR-IB, One Family Rural Residential District, Subd. 2, Permitted Uses, of the above-entitled ordinance be amended by addmg a new subsection (B) to read as follows: B. Personal Wireless Service Antennas and Towers. * • Purpose and intent. The purpose of this section is to establish predictable, balanced regulations for the siting and screening of wireless communication equipment in order to accormnodate the growth of ^^’ireless 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. Personal Wireless Service Antennas. Personal wireless service antennas erected on a municipal stmcture 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. 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 anterma. \ . 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. 1' When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses. « • 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. 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. Antennas shall utilize camouflaging techniques or shall be side mounted to an antenna support structure in order that such facilities are compatible with the character and environment of the area in which they are located. (i) The applicant shall demonstrate by providing a coverageAnterference analysis and capacity analysis prepared by a registered professional engineer that the location of the antennas as proposed is necessary to meet the frequency spacing needs of the personal wireless service system and to provide adequate portable personal vdreless service coverage and capacity to the area. Section 8. That Section 10.40, B-1, Retail Sales Business District, Subd. 3 of the above entitled ordinance be amended to read as follows: F.Public Services. Public service structures, including, but not limited to, electric transmission lines and builduigs such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations and electric power substations. Personal wireless service and commercial broadcast ing antennas and towers «^ha11 not be considered public service structures. H:-----Antenna.--Any antenna or combination ef-antenna-rigidly attached to the principal or aeccajo^' atrueture previded that no ne-of thc-forcgoing exeeeda the total height olloNW in Section 10.75; v”’ - t . r _ t------Antcnna -Strueture.- Onc independent antenna -struetufc, with antenna er combination of antenna attached thereto, aubo rdmate to and acrvicing the principal me or atrueture o n the same lot and ena tomorily ineldentol thereto that is not -ttttaehed to an other atru eture provided the height of the antenn a atrueture does no t exceed 6 5 feet and the antenna structure ia act back from any lot line a diaton ee at leoat equal to the total height of the ante nna atruetur e; I • H. Personal Wireless Service Antennas and Towers. Purpose and intent. The purpose of this section is to establish predictable, balanced regulations for the siting and screening of wireless communication 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. 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 v/ith 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 Miimesota State Building Code and all other applicable federal and state regulations and permits. Structural design, mounting and installation of the anteima 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 (FA 0 to protect the public's health and safety. When applicable, proposals to erect new anterjia shall be accompanied by any required federal, state, or local agency licenses. . r 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. 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. Antennas shall utilize camouflaging techniques or shall be , . side mounted to an antenna support structure in order that such facilities are compatible with 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 antennas 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. Section 9. That Section 10.43, B-4, Office and Professional Business District, Subd. 4 (J), Public Services, of the above-entitled ordinance to be amended to read as follows; J. Public Services. Public service structures, including, but not limited to, electrical transmission lines and buildings such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations and electric power substations. Personal wireless services and commercia l broadcasting antennas and towers shall not be considered essential services. Section 10. That Section 10.44, B-5, Limited Neighborhood Business District, Subd. 4 (C), Public Service Structures, of the above-entitled ordinance to be amended to read as follows: 8 c. .%p- Public Service Structures. Public service structures, including, but not limited to, electric transmission lines in buildings such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations and electric powe: subst^tiqns. f>ersonal wireless services and commercial broadcasting antennas and towers shall not be considered essential services. Section 11. That Section 10.50, I, Industrial District, Subd. 3, of the abo\ e-entitled ordinance to be amended by deleting subsection (B) to read as follows: Br ■Antenna- Strueture;—One independent antenna structure with antenna er combination of antenna attaehed-thereto, subordinate te and servieing the principal use or strueture on theaame-lot and customarily ineidentol thereto that is not attaehed to another struetare provided the height of the antenna strueture-does not exceed 65 feet-and the-antenna strueture is set back from any lot -line a distaiiOC at least--equal-to- the-total-height cf the antenna structure; Section 12. That Section 10.75, Height of Structures, Subd. 1, of the abov«-entitled ordinance be amended and realphabetized to read as follows; Subd. 1. Special Provisions. The height limitations imposed by other provisions of this Chapter may be increased by conditional use permit by 50 percent when applied to the following structures: A:-----Antenna-or antenna structures-; BtA. Church spires. G tB. Belfiies. Cupolas and domes which do not contain useable space. ErD. Monuments. BE. Water towers. GrF. Fire and hose towers. H tG. Observation towers. EH. Flag poles. M. Chimneys. KrJ. Smokestacks. EtK. Parapet walls extending not more than three feet above height of the building. MrL. Cooling towers. • NM. Elevator penthouses. Section 13. Adoption and Publication. This ordinance shall be published in The Pioneer and The Laker newspapers and become effective immediately upon publication. May A’dbpted by the* City Council of Orono, Minnesota on this 2 7 th jay of ____, 1997 by a vote of_£ ayes and 0 nays. ATTEST: Dorothy M.Gabrien^bbour, Mayor Publish in the Laker and Pioneer newspapers the week of June 1, 1997. ■*r' CITYOFORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612)473-7357 Fax 473-0510 NOTICE The Planning Commission will hold a public hearing in the Council Chambers at 2780 Kelley Parkway on Tuesday, February 16,1999 at 6:45 p.m. on the matter of a proposed revision to Orono Zoning Code Section 10.40, the B-1 Retail Sales Business District and Section 10.25, the One- Family Lakeshore Residential District in regards to regulations for construction and placement of telecommunication towers and antennas. The intent of this proposed zoning amendment is to clarify and correct the provisions of Ordinance No. 161,2nd Series adopted on May 27,1997. The meeting begins at 6:30 p.m. The public hearing will commence at 6:45 p.m. or as soon thereafter as possible. All persons wishing to be heard will appear at this time. Written comments are solicited. A copy of the proposed amendment is available for review at the City Offices. City of Orono . By: Planning Commission Michael P. Gaf&on, Senior Planning Coordinator To be published the weeks of January 30,1999 and February 6,1999. Affidavit of Publication CITY OF ORONO 2750 Kallay Parkway, H Crystal Bay. MN 55323 Phor>s (612)473-7357 Fax 473- 0510 t NOTICE • • Tht Planning Commission will hold a public htarino in tha Counol Chambars at 2780 Kallay Parkway on Tuesday. February 16. 1999 ai 6:4$ p.m. on tha maner of a proposed revision to Orono Zoning Coda Section 10.40. the B-i Retail Sales Busineu District and Section 10.25. the One-Family Lakeshore Residential District In regards to regulations for construction and placement of telecommunication towers and antennas. The intent of this proposed xoning amendment is to clarify and correct the provisions of Ordinance No. 161, 2nd Senes adopted on May 27.1997. The meeting begins at 6:30 pm. The public hearing win commence at 6:45 pm. or as soon thereafter as possible. All persons .^ •wishing to be heard ^11 appear if#this time. Wrinen commenu are'sofidted. Axopy of the proposed amendment is available for review at the City Offices. City of Orono By: Planning Commission ^Achael P. Gaffron, Senior Planning Coordinator (Published in The Laker and Pioneer Jan. 30 and Feb. 6.1999) Slate of Minnesota. County of Hennepin. Biii Hoim, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKEFJ, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with alt the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B.) The printed Proposed Revision To Zoning Code Sect 10.40> Telecommunication which is attached was cut from the columns of said newspaper, and was printed and published once each week for 2 successive weeks: It was first published Saturday the___3ILdayQf January 1995_, and was thereafter printed and published every Saturday, to and including Saturday, Subscribed and sworn to me on this By: 6_day of February .199JL N3f3fy'^blic KRISTI HOLM HOTARY PU8LC • MW#<£S0TA MY COMMISSION EXPIRES JANUARY 31. 2000 atflLinfowwatlow ------- (1) Lowest dassified rate paid by oommerdal users for comparable space: Si 2.90 per inch. (2) Maximum rate allowed by law for above matter: $12.90. (3) Rale actually charged for above matten $7.19 per inch. Each additional successive week: S5.14. Date of Application: 2/3/99 Date Complete: 2/3/99 60 day limit: 4/3/99 FEB 2 2 1999 oi I T Kjr KjrwJiH^ REQUEST FOR COUNCIL ACTION DATE: ITEM NO.: lO Department Approval: Administrator Reviewed: Name Liz Van Zomercn Title City Planner Agenda Section: Zoning Item Description:#2460 Cliff Otten/Kristin Jacques Little Acorn Day Care Center 3800 Wayzata Blvd. Conditional Use Permit-Resolution Zoning District: Lot Area: RR-IA (One Family Rural Residential District) 5 acres 1.64 acres Application:The application is for a conditional use permit to locate a day care serving a maximum of 60 children in a building formerly used a day care facility. A new conditional use permit is required because the previous permit has expired. STAFF RECOMMENDATION: To approve. PLANNING COMMISSION RECOMMENDATION: Unanimous approval (4-0). COUNCIL ACTION REQUESTED: To adopt or amend the attached resolution. Attachments A RESOLUTION GRANTLNG A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 3 (A) FILE nm WHEREAS, Kristin Jacques of Little Acorn Day Care Center, (hereinafter "the applicant") has applied to the City for a day care at the property owned by Clifford L. Otten located at 3800 Wayzata Boulevard within the City of Orono (hereinafter "City") and legally described as: Those parts of Lots 11, 12, and 13, "MINNETONKA GARDEN ACRES", according to the recorded plat thereof, lying southerly of the centerline of Hennepin County State Aid Highway No. 6 Plat 5, as delineated in Book 70, Page 3844152 of Hennepin County Records. Also the north 1/2 of adjoining old County Road No. 6 now vacated, Hennepin County, Minnesota (hereinafter "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 February 16, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to permit a day care center for 60 children, ages 33 months to 1 1 years per Municipal Zoning Code Section 10.28, Subdivision 3 (A). Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2460. 2.The property is located in the RR-IB Zoning District, where 2 acres is the minimum lot area. The property consists of 1.64 acres. The Planning Commission reviewed this application on February 16, 1999 and recommended approval on a vote of 4 to 0. Page 1 of 4 4. The Planning Commission made the following findings of fact: A. The proposed use will not have a negative impact on adjacent residential uses. 5. The City Council finds that granting a conditional use permit to permit a day care center for 60 children, ages 33 months to 11 years will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will 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. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.28, Subdivision 3 (A) to permit a day care center to serve 60 children, subject to the following conditions: 1. This facility shall have a maximum capacity of 60 children. 2. The facility shall obtain a child care facility license from the Department of Human Services. 3. 4. The hours of operation shall be between 6:00 a.m. and 7:00 p.m., Monday through Friday. Authorities granted by this resolution are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this conditional use permit will expire on that date (February 22, 2000). Page 2 of 4 5.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. 6.The undersigned applicant and authorized agent of Little Acorn Day Care Center and owner of the property have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, tlieir 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 22nd day of February, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Applicant(s) Property Owner(s) STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of February, 1999, by Gabriel Jabbour and Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared__________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared__________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4 TO: FROM: DATE: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Liz Van Zomeren, City Planner/Zoning Administrator February 9, 1999 SUBJECT: #2460 CliffOtten/Kristin Jacques 3800 Wayzata Blvd. Conditional Use-Public Hearing Zoning District: RR-IA One Family Rural Residential District (5 acres) Lot Size: 1.64 acres Exhibits: A Application A1 Applicant's letter B1 Plat map B2 Property Owner's list C Floor Plan D Site Plan E Resolution #3267 F Permit Record Application:The applicant is requesting a conditional use permit to operate a day care center for 60 children in a building that was previously approved for 60 children and 10 day care providers. The previous day care center ceased operation in October 1997 and a new conditional use permit is required. The applicant has indicated that they have 3 shifts of workers. The ratio of children to workers is based on the number of children and their ages. The ratios are set by the Department of Human Services (DHS) and are regulated by the state licensing process. The hours of operation for for thefacility would be between 6 a.m. and 6:30 p.m. U2460 Otien/Jacques 3800 Wayzata Blvd PC-02/16/99 page-1 Pertinent Ordinances • RR-1 A District Standards, Section 10.27 • Conditional Use, Section 10.09 ANALYSIS Day care facilities are allowed in rural residential districts as a conditional use. Day care facilities are licensed by the Minnesota Department of Human Services (DHS). The zoning application addresses how the facility will operate as a land use and the DHS licensing addresses the staffing levels and care of the children in the facility. The issues to be addressed in the conditional use permit application are access, parking, landscaping, signage, and hours of operation. The conditional use permit may also limit the number of persons using the facility to correlate with the size of the septic system and control the off-site impact on adjacent residential properties and traffic. It is anticipated that this building will be removed when construction begins on Hwy. 12. Access The subject propert>' has a driveway and curb cut on Hwy. 6. No access is available from H vn 7. 12. Parking The site plan indicates that there are 18 parking spaces with 1 designated as a handicapped accessible space. There are also 2 parking spaces available in the garage. The Zoning Code requires that 4 parking spaces be provided for each 500 sq. ft. in e.xcess of 1,00 sq. ft. of floor space in the principal structure. The structure measures 50' x 63' (3,150 sq. ft.) according to building plans on file. The parking requirement for the size of the facility is 17.2 spaces; where 21 spaces are provided. The site plan meets the required parking requirement. The national Parking Consultants Council recommends 1 parking space per employee and .1 space per person of licensed capacity enrollment and drop-off spaces equal to one for each eight enrollees. This would result in X + .1(60) + (60)/8= 16 spaces + 1 per staff person. If 5 or fewer staff people are on-site at one time, then the site would meet this requirement. ^2460 Oiten/Jacqucs 3800 tt'ayzata Blvd. PC-02/16/99 page-2 Landscaping The previous day care facility was required to have a fence around the play area and trees along the fencing on Hwy. 12. Signage The lot may have an identification sign that shall not exceed 12 sq. ft. in area per surface. The sign cannot be located on public right-of-way and shall not exceed 8' in height above the average grade level. The sign may be illuminated by flood lights if the direct source of light is not visible from the public right-of-way or adjacent residential areas. Hours of Operation The hours of operation will be between 6 a.m. and 6:30 p.m. Staff Recommendation To approve the conditional use permit subject to the following conditions: 1.The number of enrollees shall be limited to a maximum of 60 persons at one time. The number of staff allowed shall correlate to the number required by DHS for the age and number of enrollees. 2. The applicant is to obtain a license from DHS. #2460 Olten/Jacques 3800 lVo}’:ata Blvd. PC-02/16/99 page-3 A Application # .2 Mlp0 Date Received a/j/y«? Amount Paid ^ 2 sro —’ CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATI Site Address Type of Application to be Filed C!.o-y\ A m.N Property Identification Number (P.I.D.) 2.^-\\%-l/h OCO^ ftJt vc>t< ~ 1(\ ^ f S cWeo^. APPLICANT Name Address /?](?)'i (j!. Phone (home) ______ Phone (work) •^?\-C'>9,^h City Zip OWNER (if different than applicant) Name_ OW^V) Address E>ok Date Property Acquired Phone (home) Phone (work) CitviprYi Labi. HH Zip SS^GCo __(month/year) I (do) (do not) also own the adjacent parcels of land.Riz- it\ FEES - CONDITIONAL USE PERMITS - _____$ 75.00 For each variance request with CUP application $175.00 Residential Accessory Use $250.00 Institutional (church, school, etc.) $225.00 Guest House/Guest Apartments $200.00 Duplex Credit/Bldg $300.00 Commercial/Industrial Use $250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. yd. or more ____ Grading, seawall, retaining walls within 75' of lakeshore r } PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee f. . .1 OTHER APPLICATIONS _____$250.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation _____$200.00 Easement Vacation _____$100.00 Easement Vacation With Subdivision _____$350.00 Rezoning (PUD - refer to fee schedule) _____$350.00 Comprehensive Plan Amendment _____$100.00 Appeals Other - see Fee Schedule f.. ^ esx-,• 1. 2. 3. 4. 5. 6. 7. 8. 9. QUIRED SUBMITTALS _ Completed Application Form. _ Describe request in detail.' )( Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map fi^om Hennepin County Department of Finance, A-603, Government Center, 348-3271). ___ Certificate of Survey (signed by a licensed surveyor) •• refer to handout for survey information. ___ Attach legal description to application if not included on required survey. ___Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). ___List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). ___Construction plan, if applicable (see staff for requirements). ___ As an addendum to this application, please attach a separate list of any other persons you wash notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11” X 17” OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) V ^ ■The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fee's (staff time not covered by IDriginal fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correcMoof his/her knowledge. Applicant's signatur€^Xy^ ^ ^Date 9? OWNER’S SIGNA' The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City stafi^ consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature Date Applicant mtist have all submittals into the Citj- offices 25 days before the Planning Commission Meeting. Plann.ng Commiss’on Meetings are held on the t^d Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authoiized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. Little <Acorns A. CHILD CARE 1865 W. Wayzata Boulevard, Long Lake, MN 55356 (612) 475-0828 Februnn 3. Iy9') Cily of Orono 2750 Kelley Parkuay Oronc, MN 55356 Ladies and Gentlemen; Tliis leiicr is to inform you of our intentions to use the vacant biiilding at 3800 W. Wayzata Bhd. as a childcare/prescliool. 1110 building was previously a preschool, so it is set up to our specifications. There will be only minor aesthetic work. We have applied for a license with the Department of Human ienices; we pkan to be licensed for 45 children. We plan to have 12 employees, working different shifls We intend to leave the parking lot as it is. Tlie front spaces will be used as drop off/pick up parking, as well as a fire lane. We will be using the fenced in space in the back of the building as a playground. I hope tliis letter pro\idcs you will all the information >ou need. Please contact me at 475-0828 if you have any further questions. Sincerely. aC>pUj(/> stin E. Jacques, Owner i ‘■ -a ,, i.- . -.- .-j i i Siiiisa iH O Ma. s ui CO <a. oa. Ui oe O' O' V CNJ e V CNJe < o ou O' oc >-e UI a.g*|g UI £ mi ■ K> > X m < I/I < < H UI H S lO “ M m H I O^ M 'O O' « K> M (/> < > H S H Ui UI C/I Ui «j S|Sx £ £ X N I/I X a. lO «J R S o Ui t UI Kl UI UI I « < ^ •H X ^ Q I X ^ O M e u. ^ 1^ K M flO K) ^ O U rvj uj Sxi$ £S*" l^:oi -J O U X «J >0 e K) < M I X -J •! « M u U iH l/l M < S N N U 3 O’ i/> X UI UJ U UI CO » i i N e :SS& tt lO < < Ki e X X > X S^i X o* C/I O Kl ^ V O' Xu o r •H fH IS o o Ui UI o UI CM C/I C/l fO CM Im r-i I CM Kl K N X 'O “25 « K) a a a UI X H M a o > > u o < < < ^ X u < a Q X a K X X M X a a ^ X ^ a X X a a a <e a a rH Q H o H H» a O e a a a o • H- Q UJ %a e M U) C/l X X CM |i X Ui Kl CM I « rM I CM Kl C/l Ui X X X ii Si 10 M M ^ -J -J e X X e d 3 e a a o UJ M Kl tA e c/l rH CM C/l C/l Kl Ui CM X I O a a vH < iH I CM Kl C Kl e a o w o UJ X a M H- X K a o aui Kl UI a M ^ X a o X X M o u u. u. < M o CM X o a a O X a u X S K XX C3 XX o XX oOo < X ca o X a < < > V O < X o O < X o a o X a < < > V O X Ui < < > V X X < a X < a X < a X a X XuX a X X X a X XK<s|Si SiSS SiSSaX O K X 5 K X O H a a a a a e X X X o a a Ui CCM > a CM < < ^ _ X X X a X a a a M < r-i a < < a M XX • ^ ^ H <CM a a a «j cQ S S UI CO a u u CM Xa a M M a o a o H X a o Ui u A a K 5tTE.■D C^' ¥ ; =>>/• b .:) ^ •. ' ,.r • •• 60738?7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ^ ^ ^ ^_______ A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 3 (A) FILE ;?1795 WHEREAS, LuAnn Wallers of Open Arms Day School, (hereinafter "the applicant") has applied to the City for a day care at the property owned by Clifford L. Otten located at 3800 Wayzata Boulevard within the City of Orono (hereinafter "City") and legally described as: Those parts of Lots 11. 12, and 13, "MINNETONKA GARDEN ACRp", according to the recorded plat thereof, lying southerly of the centerline of Hennepin County State Aid Highway No. 6 Plat 5, as delineated in Book 70, Page 3844152 of Hennepin County Records. Also the north 1/2 of adjoining old County Road No. 6 now vacated, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono per Section 10.28, Subdivision 3(A) for a conditional use permit to permit a day care use consisting of child care services for pre-school and school age children. The conditional use shall lumt total users of facility to 70. The conditional use permit shall limit the number of students to be enrolled at 60 and employees of day care at 10. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #1795 The property is located in the RR-IB Rural Residential Zoning District requiring 2 acres in area. The property consists of 1.64 acres. TRANSFER ENTERED OEPT. OF rWPEHnf TAX & PU3LIC RECORDS APR SO 1995 Page 1 of 8 7 .!! CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.-■3 ‘ ‘ •*: 3. 4.- On January 19, 1993, the Orono Planning Commission reviewed the application as proposed and recommended unanimous approval based on the following findings: A) The property located outside of die shoreland overlay district and not subject to hardcover controls contains 15,055 s.f. or 21% hrirdcover. B) The proposed use will have no impact on adjacent residential properties based on the higher elevations to the east. On February 8, 1993 and March 22, 1993 the Orono City Council reviewed the application as amended per site plan attached to this resolution as page 7 and recommended unanimous approval based on the following findings: Findings related to safety issue: A) The outdoor play area adjacent to Highway 12 has been realigned to meet street setback of day care facility. An additional 1,800 s.f. of fenced outdoor play area has been provided to the east in the higher elevations. The steep earthen bank to east side of play area provides a natural physical barrier for cars driving west on Highway 12. The applicant shall install a 6’ high cedar post privacy fence along south and east side of outdoor play area. The fencing shall be installed with underground supports every 8 ’ and 6’+ Colorado Spruce trees shall be planted adjacent to fencing along Highway 12 right-of-way. Cyclone fencing to rear of outdoor play area sliall be provided with an exit door/gate for emergency use. The Minnesota Department of Transportation shall be asked to review the area to determine if guard rails can be installed adjacent to day care structure outdoor play area and parking area. Page 2 of 8 CITY of ORONO RESOLUTION (ff ;TIffi CITY COUNCIL f • F) The speed limit at the entrance/exist of the facility is 20 miles per hour. The recommended speed for the curve to the east shall be reduced to 45 miles per hour. Findings related to recommended level of student/teacher use: A) A sprinkler system shall be installed. B) The existing septic system can serve up to 38 students/teachers now that food preparation has been eliminated from program. • f C) Increases in student/teacher enrollment shall be restricted and dependent on stale licensing requirements and future septic capabilities. 5. The City Council finds that granting a conditional use permit to allow a day care use at this property will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding prope^ 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. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use 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 a conditional use permit per Municipal Zoning Code Section 10.28, Subdivision 3(A) to permit a day care use at the existing structure located at 3800 Wayzata Boulevard for the Open Arms Day School facility, subject to the following conditions: 1. At the time both student and instructor use exceeds 29 an approved sprinlder system must be installed. A new well to be uistalled at the time of the installation of the sprinkler system must be placed to the west side of propert}' in order to Page 3 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL •A* O : ' • preserve future drainfield sites to the east. 2. 3. 4’. 5. 6. 7. 8. 9. 10. A new auxiliary septic system must be installed at the time the day care student- instructor use exceeds 38. A meter shall be installed to meter all effluent entering septic systems. Upon application for a building permit, applicant must provide confirmation that State licensing requirements have been met and that a license is pending. All construction shall be subject to the standards of the State Fire Code and Uniform Building Code. All plans submitted with the building permit application must be drawn by a licensed architect. The State Fire Marshall shall approve plans to insure fire extinguisher, exiting signs, alarm systems and fire drill procedures meet the necessary guidelines. Curb cut to property shall be installed per Engineer ’s sketch attached to this resolution as page 8 of this resolution. Applicant/owner shall provide an executed Developer’s Agreement and Letter of Credit to insure all required improvements are installed to City ’s satisfaction. Authorities granted by this resolution run with the property not with the applicant and are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this conditional use permit will expire on that date (April 12, 1994). 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 and authorized agent of Open Arms Child Care and owner of the property have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby asree to the recording of this resolution in the chain of title of the properly . Page 4 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. Adopted by the Orono City Council on this 12th day of April, 1993. r .v<v .poroAy M^llUin, City Clerk Edward J. Callahan, Jr., May^/' Authorized Agent of Open Arms Day School STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of April, 1993, by Edward J. Callahan, Jr., Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAROLE A. HASEMAN KOTARY PUBLC-MWNCSOTA HENNEPIN COUNTY UY CCMUC50N BCPIRCS C-JM8 Notary Public y My Commission Expires Page 5 of 8 i CITY of ORONO RESOLUTION OF piE CITY COUNCIL NO. _________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of oeiore me a ^ Public within and for said county, personalia appeared known to me to be the p^^on(s) described m and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. day of , 199 ^ before me a Notary JAMIE L BOSMA NOTARY PUBUOMINMESOTA HENNEPIN COUNTY My Conun. Expires 12-19-97 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this , 199 3 before me a Notary the foregomg mstrum act and deed. notary pubuc -minnesota HENNEPINMy Cgnm. Expires 12-19-97 PERMIT RECORD Permit No.Date //-/V'nSS" Type of Permit 3M _. // -/<4-rr-f^/u.r^h/»lCI JOS:'■A /n - -7-(^n ----------------------------------------------------1- " " --------------■ ■ Z./^'. OA-rR ^ l/Cj^.SCLI^R I^Al // /r>^ /s. -=2JP ' 79 c:>cLrct^Q^ *^<//M:> .^2gC>_.. //-7-J^o _ V/ -;?(0 ^ySx>ynu?ifraj jU4im A(p2D ^'Jl9-Siq /In .S-//-93 (o(o^n _ .P/u.M h/h^ ^3^ A 53^74/■ 9y-n-^>4 /OZ^yxuo 57fSI . 9-/;5-8=) io^cf]65 V/-/7 (nlSiO PJUb^ n^i 3-dii7'7? 1%^3’-di9'y9 0/ ^ V-/('Y9 /Qs^-7L.^-AycP’ -^-n,- 5- b PjUb^. Vv3 kL^ h/l d ^ No Cj-q 0- 0- 'SSi V t?63(/6'l2'^<i __ Np^in^llU^ )Aji PERMIT RECORD Permit No.Date ;'3/<7 Type of Permit f • SEPTIC SYSTEM INVENTORY Addr; 3800 Wayzata Blvd. PID; 29-118-23 34 0002 Building Type; residence # BRs/GPD: 650 # Systems/units; l/l Permit No: 667*5 Date of Permit; 4/29/82 Installer: Patnode Bros. System Type; mound Appliances; SYSTEM CONDITION Conformity; 1 Failure Pot: low Tank Condition:DF condition: SEPTIC TANKS Material; precast concrete Setback to Bldg; 10 Capacity; 1000, 1000, 500 DRAINFIELD Length of Lines; 160 No. Lines: 3 Trench Width: 10 Treatment Area: 80*40 Type of Filter: rock,clean sand Tile Size: 1.5 Under Tile: 9 Perc Rate mn/in: 40 Setback DF-Bl'dg: 30 DF Ht above WT: 3 Soil Type: sandy clay loam Limitations: water table WELL DATA Setbacks - Well-Tanks: 100 Well-DF: 75 Report in File?: y Pump Type: subm. Depth: 139 Diameter; 4 Method: drilled INSPECTION RECORD Date 5/21/80 DF cut off during road construction 6/8/82 replacement installation 9/10/86 no surfacing-cut trees on mound 8/30/90 no surfacing-cut trees,pump tanks 7/9/91 no surfacing-cut trees,pump tanks 9/3/93 no surfacing-cut trees,pump tanks 10/2/96 no surfacing-cut more trees,pump tanks Compliance 1 PUMPOUT RECORD Date Gallons 1 1 1 1 1 1 Slid. \ A_ T H i^'o oA ll'D \ g m iz'O - _ ^ A f I I I I FEB 2 2 1999 REQUEST FOR COUNCIL ACTION DATE: 2/18/99 ITEM NO : // Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Seetion: Zoning Item Description: Extension of Adult Use Moratorium In September 1998, the City extended the moratorium on adult uses in all commercial and industrial zones of the City. The extension is scheduled to expire on March 15, 1999. The City has not yet put in place an ordinance related to adult uses. The attached ordinance extends the moratorium on adult uses an additional 90 days to provide additional time to develop an ordinance related to adult uses. State Statutes allow interim ordinances for one year with the ability to extend up to an additional 18 months, for a total of 30 months. The City can extend the moratorium for an additional 6 months before the 30 month time period will expire. COUNCIL ACTION REQUESTED Motion to adopt an ordinance extending the moratorium on adult uses in all commercial and industrial zones. Attachments A Ordinance extending Interim Moratorium B State Statute relating to the length of Interim Ordinances C Planning Practice — Planning Magazine article -- February 1999 A ORDINANCE NO., SECOND SERIES AN ORDINANCE EXTENDING AN INTERIM MORATORIUM ON THE GRANTING OF BUILDING PERMITS, LAND SUBDIVISIONS, REZONING APPLICATIONS, CONDITIONAL OR SPECIAL USE PERMITS, VARIANCES, OR OTHER AUTHORITY RELATING TO ADULT USES IN ALL COMMERCIAL AND INDUSTRIAL DISTRICTS IN THE CITY OF ORONO THE CITY OF ORONO DOES ORDAIN: SECTION 1. Authority. Pursuant to Minnesota Statutes Section 462.355, Subd. 4, the City is authorized to establish interim ordinances to regulate, restrict, or prohibit any use or development in all or a part of the City while the City is considering adoption or amendments of the comprehensive plan or official zoning controls. The City declares that this ordinance is established pursuant to the aforementioned statute and City ordinance. SECTION 2. Findings and Purpose . The City of Orono is conducting a comprehensive revision of its zoning code. One of the major goals of the revision is to minimize land use conflicts near residential neighborhoods and to promote maintenance and reinvestment in commercial and industrial property. The City Council is concerned about the effects of adult uses in commercial and industrial districts near residential areas, parks, and schools. The City Council is concerned that adult uses may contribute to instability through increased nighttime noise and traffic. The City Council is concerned that adult uses are not a service to the industrial and community level commercial districts. As a result of the important land use and zoning issues cited above, the City adopted an ordinance placing an interim moratorium on the granting of building permits, land subdivision, rezoning applications, conditional or special use permits, variances or other authority relating to adult uses in all commercial and industrial districts in the City of Orono. This moratorium is scheduled to e.xpire on March 15, 1999. SECTION 3. Extension of Moratorium . Because the City has not completed its study and consideration of possible amendments to the comprehensive plan or official zoning controls to address the issues related to the establishment or expansion of adult uses, the moratorium relating to adult uses in all commercial and industrial districts in the City of Orono is hereby extended by 90 days to June 15 1999. Page 1 of 2 SECTION 4. This Ordinance shall be published in THE PIONEER and THE LAKER and shall be effective immediately. Adopted by the City Council of the City of Orono on the 22nd day of February, 1999, by a vote of ___ayes and____nays. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor ll§ 2;|| “• 3 5-5 s. a. o '"'""■’ll ul% &oalHui &lli" ll-f IsliRI 5'8 «1I 1112;|§J asla rt___sllli 51l1??lip»2.S5Tsug2.5c.CcS-*'------c„,.ar■a.'S. c g- i ^ B BI-14- B- S. S »ra «n e.-5 pcS«5^fg»f|’pg:S?n:?C/j o « ^ eJ £ 65 ® 3 8 § o « 5. £ 5.KoSo^rtog^o ?:< o i2.S § 5-8 R 2 :t3 § = 2U ^K2§-§&si:2?sne.§§ o-S 3 >'S-ss.ai-'S IJ? ^Iglsil^ c _ .. d g. ^ g_ tr cn •« oowac iiiitrBiliiiisi li.§rl«Sil=r;255 fsSlinspSigfSa g B 5 ^ o’ S -*3 g: S S- c. “ 23 o. 1: *2 U r: Q i 5 3 r S § &l ? is-s3 2 5 o y •§ ?r*H Sc _3. r> a o' 0«o o 2 12 i I g-vi s-s 3 '’aSo-fSSig-i-0 01 e ft* O ^ 2 ?-3 3. dw S *< cf-o a s C. 2 §■ S B 5 =; 3 3^'S'S-gl S § S 3 a-“,s;|t •? 3 f f 7 P ? .39 1 2 S. <*s S'® OQ § c/>c •d On 3 2^5 2 P* 5 j5 •• »< • 2»|{i ‘| j ^1 sj5 0. S' 2. g 8 i o s E-crg-S sawI 3 g" s|| 5 S“ § S'8 a.B Z SSs*2 g g I - ? S ' I *SL 0-1 2P<» s.| i gl^ts i i i 8 3|.| d ii®l§ I* s i‘ g o- 5 1» ^ c*'§ if a i 3g?«SB^g ^"ilsI.U < EiB 5-2C.2B M a* o f» 2^ 2 3 as 2.||.|- r5 o S'5* 5* a s ___ _ CT* O OQ 00 *< Kl Ov b u o oO >4 •. B ISIs > ^ >c Ol r| *N, ^ K» 0\ U| *-• Ki<^.*r •n. >0 Uj•u •VI bt Ov Co I u Ki •U a b:o=rrl Xrts <o 3•o 3 ct g. 33 :§ 3 a 00 B o 3s- o c. S19^ IIS ililpo* a* o a 2. r»w 2 *^ => je-srsog- 5 S- « fe* s 3"< • S 2. ^ « U|3p III?Q.C? B ^fitg.p o I ^ II3 55 S Is- J3o !i-a -3 !S.Mil ° o“SIS IS ? -2. lei's Is §‘2^5 2 hs|§li5 Vm 0 S *;a 1 5I f P Ic C AvhcU. P L A N N I N G F1lU muv \‘3 P R A C T I C E c Zoned Out take on r^giilatiiig adtilf iises.' H By John Gilinore ISMS' qP m IJ-W'* M bm —H Mil ;!S«A «ia ■-. !/• V vji> .• -i *ACV v ;;u :uj [^ ;.• -j . r..ipv 'Hi- >r 11 •; . •~:J- Tjv V'VisJtJr^^^ __CDIT18 nt NO 1 VIDE ii?a I _ ‘CPS llll UR i*i ‘f i' V' •* U ‘fe * ': 5^ &i.'« ^ _• Sane or sanitized?New York's Times Square Ls no longer the seedy spot it used to be. Under rec^t regulations, some ofihe old porno shops have relocated to other parts of the city. e\v York s Times Square ain t whtU ;t u'-ed to be. While the ^litj anJ break ­ neck pace are the same the seediness that defined llie placc —the peep shows, adult book Mores, and strip clubs — is just about gone Aliliough a boom in real es­ tate development accounts fc»r mucli of the cleanup recent coning regulations c 'verning aviult u^es are changing not tmly the character of Times Square but New York City s entire adult entertainment in­ dustry. Those regulations have been tested “*ind have tri- umplied —in court and are likely to affect porno /ones in the rest of the nati<m espe ­ cially because the new rules aren l exclusive to the Big Apple I hey are a synthesis of regulatory techniques that were pioneered in places such as Cincinnati Oliit* iind Islip New York But make nc) mistake Adult busiiu.sse'' tire heie U» >tav~ because the coerl^ h;^vp_tip- l^ Ivi tneir riglu to operate . In New York ^ 'ine of the stcTe- ironts near Times Square that »*iKe advertised Trip!e-X vid ­ eos are now filled with G rated animated movies and others are bi>aii.ied up but that doesn t mean tlie businesses have closed up entirely Some •? die old shop> have simply 16 Planning February 1999 p A N N A T Sheii's aiu! lln’ iunn- famous Chit ken Riuich ate hath lomlaf in \\e Conniy. Xevmta. Pi oslitnlitot is Ic^al ihrre though it is prohibited in othei pails of the state. moved to other locations within the city, as New York’s new regulations allow. Demand The demand for adult enter­ tainment has created a big in­ dustry' that is growing rapidly. According to the trade publi­ cation Adult Video News, the cash value of adult video sales and rentals e.xceeds that of all other ty^pesof videos combined. Live adult entertainment has also expanded across the coun­ try. A 1994 survey conducted by planners in New York City showed that the number of adult establishments in the city had increased 30 percent in the preceding five years. That finding became a powerful in­ centive for the new regula ­ tions. Before imposing the new regu­ lations, though. New York was obliged to define “adult.* The late U.S. Supreme Court Jus­ tice Felix Frankfurter neatly summed up his definition of pornography when he said, *1 know it when I see it.* But that definition doesn't provide much guidance to planners. Cincin­ nati and other communities have tackled this problem by explic ­ itly defining regulated adult ac ­ tivities and enumerating parts of the anatomy that constitute adult entertainment when dis­ played. New York’s rules specify that a business falls into the adult category when 40 per­ cent of its trade is of an adult nature. Among the criteria used to measure the 40 percent t* reshold: floor area devoted to adult products, volume of goods on the shelves, and cash value. However, many neighbor­ hood video stores also carry adult videos, often segregated in an adults-only section. In New York, and most of the country, this type of commerce is relatively uncontroversial, leading some to say the issue is not one of the content but the face that adult establish ­ ments present to the commu­ nity. Some experts say that signage and other appearance issues are the key to control­ ling the negative effects asso ­ ciated with adult uses. But this argument hasn't been persua ­ sive in the vast majority of communities, which continue to try to limit the number and location of adult businesses. Sorting tnem out Bookstores and video stores are the most common types of adult uses and have virtually unfettered legal protection. Peep shows, video arcades, and cinemas with recorded per­ formances form a second group; here, the regulations tend to follow the more restrictive rules that apply to all types of gath ­ ering places. Most problematic are estab ­ lishments where live perfor­ mances take place —theaters, dance clubs, and topless bars. These generally have a greater impact on neighborhoods than retail shops, and the fact that live performers are in physi­ cal contact with patrons can lead to problems with prosti­ tution. But local governments can control these t^^pes of busi­ nesses—by controlling their hours of operation and liquor licenses, and by imposing regu­ lations that apply to public performance places. Ironically, places that allow physical contact between a cus­ tomer and an employee seem to present less of a problem for planners than less visible busi­ nesses. Escort services that are L__N I _________________!-■ SHOWCIRI-g " I' ‘ rr- 1I___ ;•; t « B vs^ ^ V • i-l' *\‘.p\ m ^£iB ■| i' /I juice bur in ^ .S<}('r(2/7irff/o .9| B sntnnb of Ranen K Cordova (al)ovel. Er nr ■W7P »«gy . .;L^..- - ;• j 5 X |4 ? I v^r . •/.TLV;». W| ii heft: Mark Koch of Kappei Illinois [pop. I50J, has upset liL^ neighbors by converting his restaurant and taycm into a strip joint—one of two in town. Above: Tee sers. Kappa's other strip Joint. fronts for prostitution typically have a low street visibility be* :ause almost all their arrange­ ments are made by telephone. Even massage parlors, once seen as a thin veil for prostitution, 'ave largely been contained by regulations requiring employ ­ ees to acquire licenses from rec­ ognized professional massage organizations. Planners in the sparsely populated Nevada counties outside of Reno and Las Vegas have the unusual task of deal­ ing with legal prostitution. Some communities allow broth ­ els outside of residential dis­ tricts. The city of Winnemucca ipop. 8,500) concentrates all adult uses on two particular blocks; five or six brothels op ­ erate there, but no adult book ­ stores or video stores. Saying no Few communities have banned adult uses outright—because the courts have consistenllv • held that outright bans violate First Amendment rights. One powerful cudgel that lo­ calities can wield is the author ­ ity to regulate the time, place and manner of the consump ­ tion of alcohol, the primary source of revenue for many adult businesses. Some courts have held that localities can prohibit the sale of alcohol In place s that offer adult entertainment. In reaction, adult "juice bars' that do not serve alcohol have popped up in California and other states. Plantation, Florida (pop. 76,000), has taken a different tack In 1997, the city amended its zoning ordinance to allow any business to devote up to two percent of its inventory to adult books, magazines, vid ­ eos or other visual materi­ als—but the city also banned businesses whose sole func­ tion is adult entertainment. What's unusual is that the zoning ordinance has a back­ up provision: It says if the courts ultimately rule that adult entertainment must be allowed, those businesses will be obliged to locate in a specific indus­ trial area. "This is the fallback zone," say Donald Lunny and Harris Solomon of the Fort Lauderdale firm of Brinkley, McNerney, Morgan, Solomon, and Tatum—the city ’s attor­ neys. Lunny and Solomon feel con­ fident that the ordinance would prevail if challenged in court because adult entertainment is so easily obtained—not only in nearby communities but over the Internet and on cable tele­ vision as well. *If the courts' aim is to protect First Amend­ ment rights as opposed to al­ lowing an entrepreneur to make money, the reality is that there are plenty of places to obtain (this material)," says Solomon. Keep your distance Another tactic is to regulate the physical distance between ■foperformers and patrons. Dis­ tance regulations provide an effective tool against "lap danc­ ing* (where dancers sit on the laps of patrons and move about]. and they can cut down on performers' cash tips—per­ haps to the point of encourag­ ing them to find other work. New York City can compel businesses to move if they fail to comply with the city ’s new laws. Businesses in noncom­ plying areas are granted a two- year "amortization" period dur­ ing which they can seek a new location. No businesses have been forced to move yet, but many have moved in anticipa­ tion of approaching deadlines. Originally drafted in 1994, the regulations were tied up in numerous courts until last year, when the U.S. Supreme Court refused to hear a chal­ lenge to lower court decisions upholding the regulations. One such decision came from A I N T I E Wms^s m. fI 'i ‘\ At • wm m fl *v ]f-M (‘•VOi ^ 1f9ti i "S % . - ->y 0^ Boston's once ruunchy Combat Zone /above/ h3s since been cleaned up. Xow only a handful of adult businesses remain ^bclowj. i. ^LL l L l A • v^V-; >• ■I i\\ 1 •' V.r.-a:. ., MJ"jr fmm IT^ 2 «f kesu • ’liiiU] L \ . \Mm ••■■^ '■ k •;,"?..5| V'^ii rfLMY-< __ I JX i the New York Court of Ap­ peals (the state's highest court). In February 1998, the court noted in Stringfellow's of New York V. City of New York that the regulations could force up to 84 percent of the city's 177 adult businesses to move—but that the businesses could sur­ vive because the city had counted 500 available sites. The Supreme Court has re­ viewed few adult use cases since the early 1980s, indicating that lower courts are applying the law consistently. Like many cities. New York requires that adult uses be at last 500 feet from residential areas, schools, places of wor­ ship, and other adult busi­ nesses. Less dense cities such as Oklahoma City typically re­ quire 1,000 feet between adult businesses. One school of thought At one time the prevailing notion was to concentrate adult uses into one district to mini- mize conflicts with surround­ ing areas. One well-known ex ­ ample was Boston’s Combat Zone (see accompanying box). Some cities, like Livonia, Michigan (pop. 102,000), still use this method. This Detroit suburb would allow adult uses within two commercial dis­ tricts along a six-mile indus­ trial corridor. These businesses are considered conditional uses; they would need planning com­ mission and city council ap­ proval, says John Nag>^ the city's planning director. Jacksonville, North Carolina (pop. 75,000), takes a similar approach. This small commu­ nity is home to Camp Lejeune— and its 40,000 marines. Through the 1960s, when it had about 30 adult businesses, "the town was wide open," says Bruce Payne, the city's planning director. Now Jack ­ sonville has only seven such firms, he adds. Over the years Jacksonville 20 Planning February 1999 N I N G nnr E ( I has tightened legulntions on adult businesses and the mili­ tary’ has put a few of them off limits, allowing time and at­ trition to whittle down their number. The city further tight- -:ned its regulations last year oy creating a adult use over- ay district, “not to concen ­ trate [these uses) but to con ­ tain them," says Payne. This has been a fairly work-* ble solution, he says. “The • roprietors of the adult busi- .aesses don't want trouble and they expend a lot of money on :ecurity,“ says Payne. “In fact, *>ur police chief says that an average bar generates a lot more trouble than an adult club." Preempting tlie problem Some regions have decided to avoid conflict —and potentially expensive lawsuits—by devis­ ing regulations that fit with the pattern of established court decisions and satisfy local needs as well. Fairfield, California [pop. 90.0001. located halfway be­ tween San Francisco and Sac­ ramento, has only one adult- oriented business —and until recently had only one small district where adult uses were allowed. Under its old zoning ordinance, Fairfield reasoned that setback requirements for existing adult businesses ef­ fectively precluded similar busi­ nesses from locating in the citv.s After considerable study last year, the city in December adopted regulations that ex­ panded the number of areas where adult businesses could locate. Fairfield now requires that adult businesses be at least 1 .000 feet from other such busi­ nesses and 750 feet from high ­ ways, churches, residential areas, parks, and schools. Many cities have opted for carefully defining where adult establishments can locate and then permitting those uses as- of-right in order to avoid ran ­ corous and politically volatile hearings. “People who would never consider going to a city council meeting suddenly show up by the bus load “ says Tina Tam, a planner formerly with Fairfield who now works for the city of San Jose. In Oklahoma City (pop. 470.0001. adult establishments Resources Court cases. Ixmd Use Law & Zoning Digest (Au­ gust 1998) explains the NeW^Yqrk Court of Appeals decision upholding New York ^City's regulation of adult uses. Other court .cases are explained in the publication's January, March, April, May, June, and October 1998 issues. I Newsletters. Articles in APA's Zoning News in­ clude 'Adult Uses Neither Die nor Fade Away' (^tember 1995) and 'Massaging the Regulations' (Wtober 1997). are conditional uses requiring a city permit—but no public hearings. Fewer than 20 such businesses exist there, and they are scattered th»'Ough several commercial districts in the cit>’. Finally, local governments seeking to regulate adult busi­ nesses are facing a challenge from an unexpected source: takings laws. Legislation aimed at compelling governments to compensate property owners for the alleged taking of prop­ erty passed by referendum in Texas and Florida in 1997. In the Orlando area, propri­ etors of adult businesses have sued Seminole County to com­ pensate for losses they claim are caused by land-use regula ­ tions that prevent them from running their type of opera­ tion. Despite the court cases, one conclusion seems clear: Adult businesses are here_lo stay. and so, too, are fhP to contain them Both efforts are evolving. John Gilmore is a writer in New York Citv. 18 Planning February 1999 A N N N I C Out of Business in Boston If Homer Russell goes down in planning history, it may be because he was the planner who created Boston's Combat Zone. In 1974, early in his career at the Boston Redevelopment Authority, Russell was asked to draw the tightest possible boundaries around existing adult entertainment businesses. Russell spent weeks mapping every nook—an eye-opening experience, he says. 'In one really small place, I discovered a back room. It turned out to be enormous and had the most S&M equipment I've ever seen in my life,' he recalls. Russell mapped what became known as the Boston model for clustering adult movies, bookstores, and strip joints. Today, though, Boston's red light district is little more than lines on a zoning map. Only a nude dancing bar and a handful of adult bookstores and peep shows remain. Asian restaurants, government offices, and parking lots have chopped the zone into almost unrecognizable pieces. Lower Washington Street's fate as Boston's adult en­ tertainment district was sealed in the 1960s, when urban renewal demolished the Scollay Square burlesque houses to make way for Government Center. The area was officially designated as the city's adult entertainment district in 1974 and reached its peak (or some might say depth) two years later, when 30 peep shows, adult movie theaters, and strip clubs dominated the six-block area of downtown Boston. At first, Russell recalls the area as a tourist draw- seedy, but still vibrant. The military presence (which led to the nickname 'Combat Zone') kept the area relatively safe. 'There were more MPs [military police] per capita than anywhere,' Russell says. That started to change as the nearby military bases closed. In 1976, calls to clean up the district grew after the stabbing death of Harvard University football captain Andrew Puopolo, who was celebrating with teammates in the Combat Zone. But other than increasing polic. patrols and cracking down on drugs and prostitution, there was little the city could do. The U.S. Supreme Court ruled that these businesses had to be accommodated somewhere in the city, and no other neighborhood would take them. Slowly the Combat Zone did decline, but its downfall had little to do with the political wishes of Boston leaders. Russell says it was 'a combination of AIDS, the proliferation of X-rated videos, and the lack of parking' that killed the zone. Once the X-rated businesses were gone, Boston's lead ­ ers took steps to prevent their return. In 1993, the city bought the historic China Trade Center to keep it out of the hands of pornography merchants. The city helped engineer the sale of another building to a Chinatown businessman and a preservation group and applauded when the state opened a motor vehicle office in the area last year. Finally, the city paved the way for a landlord to bulldoze two buildings containing the X-rated Pilgrim Theater and the Naked i strip bar. The landlord, a local parking lot magnate, maintains he could not find a suitable tenant for the dilapidated structures. He had the support of residents in Chinatown, which borders the Combat Zone. But Boston preserva ­ tionists opposed the demolitions and appealed to city hall to save the buildings. In his zeal to eliminate the red light district, Boston Mayor Thomas Menino, known for aiding other preservation efforts, allowed the demoli­ tions to proceed. The new parking lots went up in 1996. Boston has had to fight three battles in three years against more adult entertainment. In 1996, the city pressured a building owner to reject an upscale strip club as a tenant. A year later, the city denied an entertain ­ ment license to another company because a man linked to the organization had been convicted of tax evasion. Finally, late last year, the city rejected an application from a third firm to bring another nude dancing club to downtown Boston. Ultimately, the real estate market will probably be the biggest factor in keeping the Combat Zone clean, accord­ ing to Homer Russell, who is now the Boston Redevelop­ ment Authority's director of urban design. Businesses from nearby Chinatown are spilling over into the store­ fronts vacated by peep shows and adult bookstores. Emerson College has bought and renovated several neigh ­ boring buildings. And Millennium Partners of New York has started construction on a $400 million complex that will include shops, apartments, a new cinema, and a 300- room hotel. Russell predicts that 'over the next couple of real estate cycles, there will be no room for adult estab ­ lishments.' George Homsy George Homsy is a freelance writer and radio producer based in Cambridge, Massachusetts. REQUEST FOR COUNCIL ACTION FEB 2 1999 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: DATE: Ifebruary 22, 1999 ITEM NO.: IX Agenda Section: Engineer's Report Item Description: Approval of Plans and Specifications for North Ferndale Road Project Plans and specifications for this project have been completed and received State Aid approval. The joint agreement between the Cities of Orono and Plymouth, that has been approved, requires that the project plans and specifications be approved by both City Councils. Several weeks ago Council members were provided with a set of project plans. The bid opening is scheduled for March 18th at Plymouth City Hall with a contract award planned for the April 6th Plymouth City Council meeting. We are recommending approval of a motion to approve the plans and specifications for this project. COUNCIL ACTION REQUESTED: Motion to approve plans and specifications for the North Ferndale Road Project. f -------------- ■< FEB'd 1999 REQUEST FOR COUNCIL ACTION c,i I I v-»r onwiMW* DATE; February 22, 1999 ITEM NO.:/3 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Approve Plans & Specifications and Authorize Advertisement for Bids Edgewood Hills Sanitary Sewer Project Revised plans and specifications have been completed for this project. In 1998, plans for a gravity sewer system were completed. Installation of gravity flow sewer will require twenty foot deep pipe installations. Open cut installation of this sewer would be very difficult. To address neighborhood concerns regarding access and disturbance of existing landscaping, directional boring of the pipe was envisioned. Bids were obtained for a directional boring sewer project and they were very high. The residents requested that other options be investigated. A less expensive option that will result in minimal disturbance would to be install a forcemain system with individual grinder pumps. These grinder pumps would be owned and operated by the homeowners. The plans have been revised to include a grinder pump system option. Bids will be obtained for both a directionally bored gravity flow system and a grinder pump forcemain system. An assessment hearing will be held and the neighborhood residents can select which system they prefer. We are recommending approval of the attached resolution approving the plans and specifications and ordering advertisements for bids for this project. COUNCIL ACTION REQUESTED: Motion to approve resolution approving the plans and specifications and ordering advertisement for bids for the Edgewood Hills Sanitary Sewer project. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS EDGEWOOD HILLS SANITARY SEWER PROJECT WHEREAS, pursuant to resolution number 4028 passed by the Council on February 9, 1998, the City Engineer (consulting engineer retained for the purpose) has prepared plans and specifications for the Edgewood Hills Sanitary Sewer improvement project and has presented such plans and specifications to the Council for approval. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ORONO, MINNESOTA; 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper (and In the Construction Bulletin) an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 21 days, shall specify the work to be done, shall state that bids will be received by the Clerk until 11:00 a.m. on Wednesday, March 24,1999, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, and will then be tabulated. An assessment hearing will then be held and after the assessment appeal period ends the bids will be considered by the Council at 7:00 p.m. on May 10, 1999 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier’s check, bid bond or certified check payable to the Clerk for 5 per cent of the amount of such bid. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 22nd day of February, 1999. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk BO LOCAIKM I*w I T" s }g •n- S-^ 1 1"" ORONO, MINNESOTA EDGEWOOD HILLS ROAD SANITARY SEWER IMPROVEMENTS • I Si L" ^1 m-^mim TMBH L *rr« • im mmmm PstS / CDCCWOOO HUS ROAD PROJCa LOCATION 4 GABRIEL JABBOUR CHARLES KELLEY BARBARA PETERSON ROBERT SANSEVERE RICHARD FUNT GREG GAPPA TOM BARRETT RON MOORSE 1999 COUNCIL MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PUBUC SERVICES DIRECTOR CITY ATTORNEY CITY ADMINISTRATOR TT II Ijii I •UtO MM-I OH* C b STMC a* *vc ¥tmfr Mvcar cav. M rcLO rrt OMCCnOMA*. tORC 40* coNamucnoN CASCMCHT pu ■ ama Cdt CCJIOAO (wOOOHtx RD.) AMO ca RO. 15 •fUUMOoS tnift * aato «n G see ttRiCAC SCC'OM • fUMMOuS OHRlAV «c TmCM. KC’ON Itooo i1 JOQ 970 990 ......■UU tr Py 1 • ! MM-i—r------ »w.I ( 1 1 . __ _ • , i ________‘ i • ; ' 1 i 1 i f i ! i • lot -I 1/7 K CLMB ITOR / EDGEWOOD HILLS ROAD mi 1 1. wtyKt locaaoms to k toanco M rcLO. 2. OCMTIUCTOII TO UAMTAM HC90CN1UI. ACatS AT MX xJir^ MUM ootCK. otm ecAiM IS BTOOCMT ai to MAC WSTAOAAM. M MM 0«00 JaOO 100C s*oo 3A 4 iMO£|Z. P^MF OPIIFU REQTJEST FOR COUNCIL ACTION FEB 2 2 1999. v^i I I DATE: February 18,1999 ITEM NO = H Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: Vt Agenda Section: City Administrator ’s Report Item Description: Saga Hill Park Access When the City Council was first considering the acquisition of the 9 acre tax forfeit parcel in the Saga Hill area, and a grant application for the acquisition of additional park land in the area, the Council was concerned with how access would be provided to the area. At that time, representatives of the Fairview Covenant Church indicated the Church would work with the City to provide an access to the park area. Since that time, the City has had a number of discussions with the Church regarding access. The City has also looked at other options for access. The City Council's preferred option is an access drive at the east edge of the Fairview Covenant Church property. The benefits of resolving the access issue are as follows: 1. The City is assured of a reasonable access to the Saga Hill Park area. 2.The City's ADA compliance plan indicates the City will make efforts to make parks and park facilities accessible to persons with disabilities. This generally involves providing a hard surfaced (crushed rock or paved) trail to access a park area, facility, or amenity. Currently there is no hard surface trail to provide access to any portion of the Saga Hill Park area. 3.A 10 foot wide public alleyway right-of-way runs through the middle of the Fairview Covenant Church property and at the rear of the Palmer and Valek properties, with an outlet through the Valek property to Tonkaview Lane. All of the property owners, particularly the Valeks and the Fairview Covenant Church, would benefit from the vacation of the alleyway right-of-way. The Fairview Covenant Church has been provided with two access options that would be located at the east edge of the Fairview Covenant Church property and has been requested to indicate whether either of the options is acceptable to the Church. One option, labeled Option A, involves an L- shaped access drive located on the Church property. The second option, labeled Option B, involves an access drive that begins on the Church property, then angles across the property to the east (the Palmer property). Staff has also prepared a third option, labeled Option C, which reduces the right- of-way width from 40 feet to 30 feet and moves the access drive to the western portion of the right- of-way. Two additional access options that have been discussed in the past are an access through the Valek property and an access using the Garden Lane right-of-way. Request for Council Action continued Page 2 February 18, 1999 Saga Hill Park Access____________ The advantages of Option A are as follows: 1. 2. 3. 4. The access drive would be located in an area that is currently used for open space and informal recreation activities. It does not affect unique natural features. It has limited impact on existing residential development. The access is a short distance from the park area, and particularly from the area of the park that has the most flexibility in terms of the types of amenities and activities that could occur. Options B and C have the same advantages of Option A except that they do have a more significant impact on the Palmer property, and they would require acquisition of property from two separate property owners. The additional advantage of Options B and C is that the property required from the Fairview Covenant Church is approximately equal to the amount of property in the alleyway right-of-way that crosses the Church property. A vacation of the alleyway right-of-way on the Church property would be an even trade for the amount of property required for the access roadway. As indicated above, the Garden Lane right-of-way has also been considered as an access option. Although this option has the advantage of being an existing right-of-way, it also has a number of disadvantages. These are as follows: 1. 2. 3. Because the area south of the pond on the 9 acre park parcel is low and wet, an access using the Garden Lane right-of-way would need to continue to a location north of the pond. This would require building an access drive across the end of a ravine that is a unique natural feature of the area. It would be preferable to limit access in this area to a pedestrian trail to preserve the natural character of the area. An access on Garden Lane that extends north of the pond would require a substantially longer access drive than the options using the Fairview Covenant Church property. The Garden Lane access drive would be approximately 400 feet in length. The access drive on the Church property would be approximately 200 feet in length. The estimated cost of a 20 foot wide access drive is $35.00 per lineal foot. The cost of an access drive on Garden Lane would be approximately $14,000 versus a cost of $7,000 for an access on the Church property. The City does not want to encourage properties along the Garden Lane right-of-way to develop using a road on the Garden Lane right-of-way. Request for Council Action continued Page 3 February 18, 1999 Saga Hill Park Access 4.If an access drive was constructed on the Garden Lane right-of-way, a portion of the land purchased through the DNR Natural and Scenic Grant Program would need to be used either to gain access to the park parcel to the west or to provide a parking lot to serve both the Natural and Scenic Area property and the park land to the west. There is a covenant on the Natural and Scenic Area property that restricts the uses allowed on the property. It is not clear whether the restrictive covenant would allow a parking lot or an access drive that would ser\'e park uses beyond the Natural and Scenic Area property. Fairview Covenant Church Response to City's Letter Staff was contacted by Dennis Poole, Fairview Covenant Church Pastor, on Thursday, February 18 in response to the City's letter regarding access options. Pastor Poole indicated he had not checked his mail at the Church until Wednesday, Februaiy' 17, which was the date by which the City had requested a response from the Church. Pastor Poole indicated the Church could not respond regarding the access options until after a congregational meeting was held, which could not occur for at least three weeks. He indicated it was his understanding at the conclusion of the most recent meeting with City representatives, that any access using the Church property would not be "permanent" access, and as circumstances change for either the Church or the City an alternative access may need to be provided. Pastor Poole will be in attendance at the February 22 Council meeting. COUNCIL ACTION REQUESTED: Motion to direct staff regarding the provision of an access to the Saga Hill Park area. t 11 1-S I o e o <I W) ^ LiJ 01 Dg U-» • • » • .ai. FEB 2 2 1999, REQUEST FOR COUNCIL ACTION v^i I I sjr DATE: February 22, 1999 ITEM NO.: /S^ Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: 7 Agenda Section: Administrator’s Report Item Description: Request for Sewer St. Edwards Church, 865 North Ferndale Road We have received a written request from St. Edward's Church on North Ferndale Road to connect to the City of Plymouth sanitary sewer system. The church has a noncompliant septic system. The system is noncompliant because of the high water table. The available area on the lot for a new system is limited, and Steve Weckman has suggested that the very high water table will make the installation of a replacement septic system difficult. The church is in the two acre rural residential zone and is outside ti\e Orono MUSA. The closest MUSA area is the Chevy Chase neighborhood to south along North Fcmaalf j'.oad. The City of Plymouth MUSA is directly across North Ferndale Road form the church property. In the recent MUSA expansions for the ten neighborhoods, the Metropolitan Council granted the City fifty sewer units that could be used for future connections of existing developed properties that are adjacent to existing sewer lines. Four of these connection units were used to connect existing homes, along North Brown Road, with noncompliant septic systems to the Long Lake Country Club sewer project. These homes are on smaller lots with limited possibilities for replacement septic systems. The Council recently authorized the coniicction of the Woodlands Group home to City sewer because of problems with septic system operation caused by the unique characteristics of the group home. The Council also authorized connection to sewer for Trinity Lutheran Church together with the Woodlands group home connection. Septic systems for nonresidential uses, such as churches, can be problematic because of the widely varying wastewater flows. Septic systems function better with uniform flow conditions. There are only several existing nonresidential uses in the rural areas outside the MUSA line that may require sewer. Besides Trinity Lutheran and St. Edward's Church, the only other church close to existing sewer is the New Life Church on Leaf Stieet. Providing sewer to these nonresidential facilities should not greatly affect the City's comprehensive sewer policy. The staff recommendation is that St. Edward’s Church be allowed to connect to the City of Plymouth sewer system. This recommendation is based on the fact that this is an existing nonresidential use with a noncompliant septic system that has limited options for installation of a replacement septic system. The sewer service connection under North Femdale Road should be installed inside a casing pipe for future repair and maintenance without disturbing the road. At a minimum, the casing pipe should be installed with this summers road reconstruction project and all costs charged back to the church. If possible, it would be desirable to complete the entire service installation this summer. We are also recommending that the church be billed directly by the City of Plymouth for their sewer service. If the Council approves the connection to sewer, all conditions of the connection will need to be listed in an agreement between the City of Orono, the City of Plymouth, and St. Edward's church COUNCIL ACTION REQUESTED: Consideration of request from St. Edwards Church, 865 North Ferndale Road, to connect to the City of Plymouth sanitary sewer system. 1 KTiTilWfl R;W*Ttl WM9] ri»t] rtTiriW rtMcnu riTMt ratJlKHtiMW] SEPTIC SYSTEM INVENTORY Address: 865 Femdale Rd. N. Building Type: residence #BRs/GPD: Permit#: 1232 Date of Permit: 8/9/66 System Type standard trench Experimental: PjD: 25-118-23 44 0002 #Systems 1 Units Billed 1 Installer: Horowitz Co. no Appliances SYSTEM CONDITION Conformity: 3 Tank Condition: 6 DF condition: 12 Failure Pot: high SEPTIC TANKS Material: concrete Setback to Bldg: 20 Capacity: 1000, unknown Cesspool: unknown DRAINFIELD Length of Lines 200 # Lines: 3 Trench Width: 2 Treatment Area: 400 Type of Filter rock Soil Boring: yes Tile Size: 5 Under Tile 12 PercRate: Setback DF-Bldg: 40 DFHt above Wt: 0 Soil Type: loam, clay loam Limitations: water table WELL DATA Setbacks - Well-Tanks: 100 Pump Type: subm. INSPECTION RECORD DATE 7/8/81 10/3/84 7/20/87 7/2/90 9/3/92 5/22/95 11/1/95 6/16/98 Well-DF: 75 Report in File: yes Depth: 300 Diameter: 6 Method: drilled PUMPOUT RECORD COMPUANCE date GALLONSDESCRIPTION no surfacing 2 no surfacing; noted floor drain problem-w 2 no surfacing 2 no surfacing 2 see letter dated 10/12/92 * ditch over DF surfacing 3 ditch filled by tanks-wetland flowing thru 3 non-compliant-slight surfacing,repair 200 d 3 9/1/79 9/28/95 2000 o REQUEST FOR COUNCIL ACTION FEB 2 21999 I f On^/ivsJ Date: February 19,1999 Item No. = Department Approval:Administrator Approval: Name: Michael P. Gaffron Title: Senior Planning Coordinator Agenda Section: Zoning Item Description: Sewer Connection Request, 465-485 Orono Orchard Rd. S. - Edward Hamm List of Exhibits A - Letter of Request 2-9-99 and Attachments B - Topography Review Summary of Request Bruce Palmer on behalf of Edward Hamm is requesting that the main house and 2 guest houses on the Hamm property be allowed to connect to municipal sewer. The existing municipal sewer ends one block away, near the intersection of Barrett Avenue and Dickenson Street. Hamm would pay all costs of connection. Criteria for Sewer Connection Because the Hamm property is outside the MUSA, it could only be sewered a) if Council chooses to amend the MUSA boundary, or b) if Council concludes that the property meets the criteria for using one of the City's 50 'floating' sewer connections approved by Met Council in 1996. That approval limited the use to existing residences adjacent to existing sewer lines. The City has informally established additional criteria for use of those connections, including: - existing system must be failing, and - must demonstrate that septic options are not available. History of Septic System Problems The Hamm property has an ongoing history of septic problems dating to the early 1980's. Past repairs have proven ineffective in part due to the heavy clay soils on the entire 18-acre site. New trench systems installed in 1981-82 failed within a year, and subsequent investigations into volume of water use and potential inflow/infiltration problems resulted in pipe replacements and further system expansions. These repairs never were completely successful nor were they ever completely satisfactory to Mr. Hamm. Perhaps the main reason the systems have 'limped' through the '80s and '90s is that occupancy of the home and guest houses has been seasonal. The systems were last inspected by Steve Weekman in July 1998 and were found to be non- conforming (lacking 3' separation) and failing due to surface discharge. Mr. Hamm is intending some major remodeling of the main house this year, and w ould like to resolve the septic problem on a permanent basis. Hamm Sewer Request February 19,1999 Page 2 Site Factors Limit Septic Options Mr. Palmer was advised by staff that sewer might only be feasible if it could be demonstrated that suitable options for septic system replacement are lacking. Site evaluation by S.P. Testing (Steve Schirmers) in 1996 found a site suitable for a mound system to handle the anticipated 1500 gallons per day sewage load from the existing buildings. In 1998 Schirmers found that this site had been damaged by tree removal vehicles. He also noted that while an additional area may exist northeast of the main house, that area is wooded and its use would eliminate the natural screening between the main house and Orono Orchard Road. While the Hamm property is much larger than any of the neighboring Minnetonka Bluffs properties sewered in 1980, its septic system options are limited by some of the same factors that forced the Bluffs to be sewered. Due to the clay soils and perched water tables present, a mound system would be required, and Orono's code limits the pre-existing ground slope for mounds to 6%. There are few areas of the site with enough area of suitable slopes to accommodate a mound large enough to serve the main house and guest houses. Exhibit B prepared by staff shows the areas potentially meeting the 6% slope criteria, numbered 1 thru 7. Area 1 is the tested site damaged by tree removal. Area 2 is the wooded site northeast of the main house. Area 3 is a limited site due to size. Areas 4 and 5 are too small to accomodate a mound system. Area 6 is a wide drainageway that will be wet in most seasons. Area 7 is the oid clay tennis court which has been compacted through the years. The information submitted does not, in staffs opinion, conclusively demonstrate that septic systems are not a viable option. The submittals do demonstrate that the potential septic sites are very limited, and use of certain sites may have potential negative impacts on the character of the property. These same characteristics apply to any number of smaller residential properties throughout the City. Zoning and Future Development This site is in the RR-IB zoning district requiring a minimum lot area of 2 acres. The City has historically not expanded its sewer system to accommodate new development in the rural 2-acre zones, but has required such development to be served by septic systems. The City did recently revise its MUSA along the Maxwell Bay lakeshore to allow new lakeshore development in the 2-acre zone to be sewered. However, the development that triggered that MUSA change, w^^s allowed only the number of lots that could have been developed by actually using septic systems, i.e. the number of lots w’as limited not only by the 2-acre standard but also by actual septic capability. The relevance of this to the 18-acre Hamm ^ite is that based on septic capability, the Hamm site has extremely limited developability. With sewer, the site might accommodate as many as 7 or 8 homes based on a 2-acre density. Mr. Hamm has no stated intent to develop the property at this time; his goal is to provide for the existing dwellings. If the sewer request is granted. Council may wish to impose conditions on future development of the property with sewer, perhaps limiting the number of units to the 3 necessary for the existing buildings. Hamm Sewer Request February 19,1999 Page 3 Connection Feasibility The sewer in Barrett Avenue is approximately 350' from the Hamm property as the crow flies, likely requiring about 450-475' of new City sewer main within the right-of-ways of Barrett Avenue, Dickenson Street and crossing Orono Orchard Road. Topographically, it appears feasible to design an extension to the existing sewer system to serve all 3 of Hamm's dwellings by gravity. Connection Charge The current connection charge for the Minnetonka BlutTs project is $10,930 per unit. Hamm would pay the connection charge as well as all costs of the sewer extension. Summary and Staff Recommendation The property meets the criteria of having an existing residence with a failing septic system. The property is adjacent to a Metro force main and near, but not strictly adjacent to, the City sewer system; a City project will be required to serve the property. The property is adjacent to the MUSA (boundary goes down middle of Orono Orchard Road). The property may have one (as yet untested) suitable septic site large enough to serve the existing 3 dwelling units, but likely does not have a second site. If Council determines that this propert>' should be sewered, approval should be conditioned on limiting the number of units to the 3 needed to serv'e the existing 3 dwellings, and that Hamm pay all costs associated with extending the sewer as well as the appropriate connection charges. Options for Consideration 1) Approve subject to conditions 2) Deny, based on not strictly meeting criteria established for use of 50 allowable sewer units 3) Table for further information (specify; jnore testing to confirm sites? or?) 4) Other COUNCIL ACTION REQUESTED Provide staff and applicant with direction as to whether and under what conditions Council will consider sewer for the Hamm property. February 9, 1999 Mike Gafron City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323-0066 RE: 465/485 ORONO ORCHARD ROAD Mike: U nited Properties miiiiiiiuiHmimammmsmnm Bruce VV. Palmer, CCM Senior Vice Pre^KJcnl Construction Manaccrreni Serv ices 3500 West SOih Street Minneapolis. Minnesota 55431 6I2S93-SS2I Fax 612 e mail: hpalmertL* upropemes.com The purpose of this letter is to request permission to hook up the properties referenced above to the City sewer system. We are making this request because we believe that the property meets the City ’s criteria as outlined by you last fall. The criteria is as follows: 1. 2. 3. 4. Property must be an existing residence; the Hamm family has owned and resided at this property since 1948 and plan to continue to own the property for many years to come. The existing system needs to be failing; per the City ’s reports dated July 23, 1998, the septic systems on the site have, in fact, failed. Property must be adjacent to the sewer; this property is within one block of a sewer connection which, as we understand it, would be located at the intersection of Barrett Avenue and Dickenson Street. No other alternatives must be available on the property; per a report from S-P Testing, Inc. dated December 23,1996, Steve Shirmer had recommended a location for a new mound system for the property. Since that time, as indicated in S-P Testing’s letter dated February 4,1999, this location is no longer suitable due to the fact that equipment has driven over the area to remove trees after the storm that occurred last spring. Also, in S-P Testing’s letter dated February 4, 1999, they indicate one possible area south of the driveway or northeast of the main house. However, these locations are very near the residence and would require removal of several large trees in order to accommodate an acceptable system to the City. We don ’t believe that these locations would be satisfactory to the City or the Hamm family and would not be a permanent solution to correcting this problem. As indicated in S-P Testing’s letter, there is no other area on the property that could be considered for a mound system due to slopes and also the fact that the property has quite a bit of wetland associated with it. We are attaching drawings indicating existing systems that have failed and the areas that have been looked at but are believed to be unsuitable for a new system. For all the reasons indicated above, we are requesting that the City grant permission to allow the resident to connect to the City sewer. ITie expense to connect to the sewer system would be entirely borne by Mr. Hamm. Yours truly, :/••■•■'• • <. •/ ' ,t#a Vi*'vV)’ I .(/••• • • •A*. t L-l,- S . V *. • • ' • • . ■'■ •'. ‘v / • • N- V iv « K * *^ \a\‘ • ' . •' *y\'< . •• . V?*- •» V \ ^ 'i-r- X- '. J* ' : \ V 'v . V. •• '..*r;-' N •• . -v V-. V^Vk- • I • t >* • :?. \ *• "■ • . *^ it. • • . • • • i. \\;. .--x / 1 '•>V vV'',< '■ .* a / / > « / KliilS * .1/ . w * ' • C • •• • •» •\ •}\ V' y X’N> 'v 'i: ■ V V ' \ ••* • '■^^Oror\a O/bl'ayrJi ^--Si ' / L — sf. ATrAtWO-TO r> TP o* i. (, ifj /9S2 g>A^ OrVerv! ^/pe*' j /V A t r% § S-P TESTING, INC.Steven B. Schlrmers • MPCA Cert. No. 627 651 Katydid Lane NE • St. Michael. MN 55376 * (612) 497-3566 FAX (612) 497-5011 State License #394 February 4,1999 Edward Hamm 465 & 485 Orono Orchard Rd. So. Orono, Henn. Co.. MN This letter is in regard with the on-site sewage treatment system design dated December 23,1996. The proposed design is for a 10 bedrooms total, 1500 gai/day and requires a pressurized mound system to adequately treat septic effluent. In the fall of 1998,1 visited the site with Dean Yerigan Co. and found the site had been traveled over with a skid loader by a tree removal company. The damage to the site is unknown and difficult to test for. Percolation tests could be completed et 12'* below the surface, but the possible compaction may have taken place in the firs^ few inches, the topsoil. The size of the system, average area 50' x 165' makes it very limited for additional areas on the property to design a new system. One possible area is south of the dnVeway & northeast of the main house. Additional testing will be needed to identify this site. Another option would be to connect to City sewer which may be available but requires review and approval from the City of Orono. This site has limited space for a pressurized mound system due to slopes greater than 6%, drainage, fill & excavated soil and the size of the area needed. Steven B. Schimriers 1 ze *d HdDldBA McJ SS:se 66-00-83^ ............................ FEB Z 1999 REQUEST FOR COUNCIL ACTION DATE: February 22, 1999 ITEM NO = n Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Administrator's Report Item Description: Dickey Park Improvements and Name Change Proposed Park Improvements The Park Commission has been considering proposed imptovements for Dickey Park. This park was obtained several years ago as a parkland dedication when the Dickey property was subdivided and is currently an undeveloped wooded and grassland area. The City Council previously authorized the completion of a concept plan fro development of this park by DSU Planning Consultants. This study was completed and the Park Commission selected the preferred option for a site layout. A neighborhood informational meeting was held at the December Park Commission meeting. The neighborhood response was favorable to the concept of developing a passive use park with picnic tables and walking trails. Their main concern was that trees be planted to provide screening for the houses next to the park. Attached you will fmd a copy of the memo, describing proposed improvements presented to the Park Commission. The Commission reconunended that the proposed improvements be forwarded to the City Council for their consideration. The 1998 end of year balance in the Park fund was $185,000. In 1998 park dedication fees totaled $61,000. This compares to $46,000 in park dedication feds collected in 1997. The City Council will need to evaluate the proposed Dickey Park improvements together with other possible projects that may require the use of Park Funds. Several other projects have been discussed by the Council and are being pursued at this time. These projects include purchase of the Eisinger property, purchase of parkland in the Navarre area, purchase of additional parkland in the Saga Hill area, and obtaining easements and construction of an access to the Saga Hill Parkland. Council consideration of the Park Commission's recommendation for Dickey Park improvements is requested. Renaming of Park The Park Commission is recommending that Dickey Park be renamed to "Seven Nations Park" in recognition of historical Native American use of this area. This name would have more significance than the "Dickey Park" name in reference to the previous property owner. Attached you will find a Cultural Resources Reconnaissance Survey Report that was completed by the Minnesota Historical Society as part to the TH12 Alternative Corridors Study in 1995. This report lists the Dickey Park area under the name of "Seven Flags" in recognition of past Native American use. The Park Commission’s opinion was that the name "Seven Flags" was similar to an amusement park name and preferred the "Seven Nations" name for the park. Council consideration of this proposed name change is being requested. COUNCIL ACTION REQUESTED: Consideration of Park Commission's recommendation for improvements to Dickey Park at an estimated cost of $30,000 to funded from the Park Fund. Consideration of Park Commission's recommendation to rename Dickey Park to Seven Nations Park. . .__O « ■ t o • . •' y;________o___________________ • <• «’’-. f-i'x»^'.. VT\0^~© tT— ---r----^----i~p4 a •• Ld ^ •• •• * ■•• • * ** •• X "3TTSF <v.,% • , /*7 “rt'Vvpr —f -yJ>^*-V *■ SHARDUW; DICKEY PROPEKTY ORONOimimsan .rm, ,,^-i; ''..L •' / ■ • 'K^;“ 7 ...... y.. . . • *X •: i " • • •• • - .jJ • -Xj • ... •• • • • • • •. ' SITE CONCEPT J!U 1^^ i r TO:Orono Parks, Open Space, and Trails Commission Members FROM: Greg Gappa, Director of Public Services DATE:January 27, 1999 SUBJECT: Dickey Park Improvements At the January meeting, the Parks Coimnission discussed proposed improvements and decided to develop this park in a staged improvement plan over the next several years. The consensus of the comrrussion members was to propose to the City Council that $30,000 be spent in 1999. The items to be completed this year would be cleaning up the park, mowed walking trails, gravel parking lot with guard posts along the edge, picnic tables park signs, and tree planting. I have attached a section of Minnesota State Statues concerning burial grounds we will need to complete an archeological survey because there is reason to believe Dickey Park may be a burial ground. A cost estimate for these items is shown below: Archeological Survey Clearing a Grubbing Gravel . Parking Lot Park Signs/Boundary Picnic Tables and Benches Evergreen Trees Deciduous Trees $3,000 $2,000 $5,000 $2,000 $2,000 $6,000 $10.000 Total $30,000 FUTURE IMPROVEMENTS Trail to Old Crystal Bay Road Pave Parking lot $20,000 $5.000 Total $25,000 YfiaLl Additional Tree Planting 1/2 of Bituminous Trails $15,000 $15.000 Total $30,000 Yssl A 1/2 of Bituminous Trails $15,000 1 . I 307.08 DAMAGES; ILLEGAL MOLESTATION OF HUMAN REMAINS. 01^ ALS; CEMETERIES; PENALTY. ,=,HhuiiunM Subdivision 1. It is a declaration and statement oflegUlative ^ als and human skeletal remains shall be accorded equal treatment mo r ^ nity without reference to their ethnic origins, cultural At>|cul u The provisions of this section shall apply to all human bunals or hum • found on or in all public or private lands or waters in Minnesota. • Subd. 2. A person who intentionally, willfully, and i> f ^ * lures, disturbs, or removes human skeletd remains or human bunw g.felony. A person who intendonally, willfully, or knowingly removes y tOM PRIVATE CEMETERIES 307nS public or private cemetery or unmarked hunian burial fence, railing, or other work erected for protection or ornament, or any tree, * v.^ Stave goods and ^facb ydthin the liihits of the cenie'tery or burik ground,' au Aority from the trustees, state archaeologist, or Indian affairs mtertn^ Mar^ direha^es any fiKanns upon or over the grouhSs of any public or private cemetery or authenticated and identified Indian burial ground,- is guilty of a gross tnisde* mcwor* . *. ;• Su^ 3. Ev^ authenticated and identified burial ground may be posted for protective piupqses eve^ 75 feet ^und its peri meter with signs listing the activities prohibited by sub^’ • , division 2 and the pcnal^ for violation of it Posting is at the discretion of *e Indian affairs coun^^ the cu^f Indian burials or at the discretion of the state aichaeolo^t in,tiie ciue of •. Subd. 3a. The state archaeologist shall authenticate all burial sites for pulses* of this section and inay enter on property for the purpose of authenticating burial sites. Only after permission from the property owner or lessee, descendants of persons bu- ned m buiiu sites covered by this section may enter the burial sites for the purpose of con- ducung religious ceremonies. This right of entry must not unreasonably, burden property owners or unnecessarily restrict their use pf the property. 4. The state shall retain the services of a qualified professional archaeologist, ap­ proved by the state archaeologist and the Indian affairs council, for the purpose of gathering in wnnation to authenticate or identify Indian burial grounds when requested by a concerned , scientmc or contemporary Indian ethnic group, when Indian burials are known or suspected to exist on public lands or waters controlled by the state or political subdivision. SuM. 5. The cost of authentication, identification, marking, and rescue of unmarked or emden^ed bunal grounds or burials shall be the responsibility of the state. The data col- lectro by this activity that hu common value for natural resource planning must be proiaded and integrated mto the Minnesota land management information fystein's geographic and suim^ databases according to published data compatibility guidelines. Costs associated with this data dehvjcry must be borne by the state. ••• ^ Subd. 6. The size, description and information on!tbe signs must be approved by the Minnesota sute historical society. • j Z* '•^identified human remains or burials found outside of platted, recorded, ^identined cemeteries and in contexts which indicate antiquity greater than 50 years shall bedrat with according to the provisions of this section. If such burials are not Indian or their ethnic tdenUQr caMotbe aMertained, as determined by the state archaeologist, they shall be ceait •^ith in accordance with provisions established by the state archaeologist. If such buri- aii are Indian, u deterged by the state archaeologist, efforts shall be made by the state ar- V *0 ascertain their tribal identity. If their probable «• . °*'*‘^ned, such remains shall at the discretion of the state archaeblo- irif • j IndiM affairs council, be turned over to contemporary tribal leaders for disposition. archaeologist or the Indian affairs council, such remains, u J ^ 1?*^**!^ j * qualified professional archaeologist before being delivered to the tribal idenuty cannot be determined, the Indian remains must be dealt with in ac- ordance with prosisions established.by the state archaeologist and the Indian affain coun- • • • • • • Subd. 8. No authenticated and identifled Indian burial grojuid may be relocated u/iless . die request to relocate is approved by Ae Indian affurs.intertribal When the Indian burial (round is located on public lands or waters, the cost of rembvd is the responsibOity of diem instead of removing them to another location ••• Sub<L 9. The department of natural resources, the department of transportation, and all ^er sute agencies and local government^ units whose activides may be affect^ shall ^(iopente with the state archaeologist and die Indian affairs intertribd board to car^ oht the ProvisiAne Af fYiic 1. .• • 307J)8 PIUVATE CEMETERIES •Ttr Subd.ctedtoexisi ri^a.ters, the state or polidcal subdivision.ddAhoUiiiiffi^^&Of waters shall submit constm.* •r. Or ^*r^f ** archacplo^st and the Indian affairs intertribal 'Hr intttttftal *^*^**^ advertised. The state archaeolo^t and the Indian affai^j <- etvation or removal of the huijian burials or reoudns, which may be endangered by con>ia* . tidn or development aedvides. ■& History; (7632) RL s 2964:1976 e48s 1; 1980 e 457s 1:1983 e 282 s 1~4: /y.sn c 463 s 1; 1989 c335 art 1 s 199; 1993 c 326art4s9 ■c • T 307.082 CIVIL ACTIONS. Subdivision 1. Who may bring. An aedbn under this section may be nuintained b\ Vw attorney general; a state agency or polidcal subdivision: an individual residing within ihu sute; or a partnenhip, corporation, association, company, or Other entity with shareholJav members, partners, or employees residing within this sute. Subd. 2. Action. A person or entity listed in subdivision 1 nuy mainuin a civil aciit'n .• .t••• :\j seeking a teihponty or permanent ii\junctiott. damages, or other appreoriate relief a^ainM i person who is alleged to have committed e violation of section 3o7.0o, subdivision 2 Tlie action must be brought within two years after the alleged violation is discovered and reported the sute archaeologist or the Indian affairs council. The action must be filed in eithet iSc district court of the coun^ in which the subject burial ground is located or in whicli ilie dc* fendant resides. . . . • • • 4, History: I993e288sl; 1994 e469s 1 1 1 u 1 1 ] ! I 612-282-2374 tIHS SHPO 452 P03 NOU 02 '98 10:52 FINAL CULTURAL RESOURCES RECONNAISSANCE SURVEY REPORT VOLUME I: TECHNICAL REPORT Mn/DOT S.P. 2713 & 8602, ALTERNATB CORRIDORS FOR RECONSTRUCTION OF T.H. 12 FROM WAYZATA TO MONTROSE HENNEPIN AND WRIGHT COUNTIES Authored By: David Mather and Patrick Nunnally, Principal Investigators Contributors: Sta^ Allan, LcRoy Gonsior, and Kent Skaar Trunk Highway Cultural Resources Program Minnesota Historical SocieQ^ January 1995 612-282-2374 MHS SHPO 452 P02 NQU 02 ’98.10:52» METRO DISTRICT - GOLDEN VALLEY ^1T&«93.5.9. SEVEN WAGS:-21 HE NEl/4, Section L, T117N, R23W Hennepin County (Figure 71) 21 Hff The Seven Flegs ere& Hes been repotted to be e loc&cion of pest Aneticen Indian habitation and burial, and is considered by some to be a sacred property. Archaeological and social-anthropological investigation of the site ar*- being conducted under the auspices of the University of Minnesota, Duluth, in order to assess the effeccs of the proposed reconstruction vlthin alternate Segment B. STTE 93-S-lQ. MAPLE PLAIN DUMP SITE NUl/4, SWl/4, SWl/4, Section 24, T118N, R24V Hennepin County (Figure 71) An historic dump associated with the city of Maple Plaiti was Identified through surface reconnaissance during Septenber 1993. The duap is located in a ravine truncated by the existing T.H. 12 roadway, and contains historic debris dating froa the mid nineteenth to early twentieth centuries. The Maple Flair. Mounds were also Identified at this location. Representative samples of the earlier period artifacts were collected. The southernmost portion contains the oldest ceramics, Including brown transfer print, sponge and spatter decorated, flow blue printed, and annular decorated whitewares. Several bottle fragments with pencils, and hand finished necks were also recovered. The Maple Plain Dump Sice was identified wichln a small ravine feature that is situated Immediately west of Site 93-5-16. This ravine was napped relative to the mounds on 27 October 1993. This historic archaeological site will be affected by reconstruction proposed under Segment J. STTE 93-S-ll. TQM TAKE SITE. 21 HE SWl/4, SEl/4, Section 22, T118H, R24U Hennepin County (Figure 71) During a September 1993 interview with Wes Bendlckson, the current owner of property located on a ridge between Too Lake and an unnamed drained lake basin, reported finding a small white projectile point In a plowed field southwest of his house. The reported location of this sice Is in close proximity to Segment H. Further archaeological reconnaissance at this location is recommended in order to fully document Che reported site limits In relation to the currently proposed construction limits. SITE 93-5-12. EHQUIST SITE. 21 HE ^ El/2, SEl/4. SEl/4 and Wl/2, SUl/4, SEl/4, Section 16, T118H, R24». Hennepin County (Figure 71) During September 1993 an Informal interview was conducted vlch Mel Enqulst, the current owner of a parcel located on a large P overlooking a drained lake basin adjacent to alternate Segment J. During 218 REQUEST FOR COUNCIL ACTION FEB 2 2 1999 I f wr v>f DATE: February 22, 1999 ITEM NO.; / ^ Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: 'A Agenda Section: Administrator's Report Item Description: Schedule Friends of the Park Award Friends of the Park Award The Park Commission has nominated two groups for receipt of the annual Friends of the Park Award. The first nomination is for the students of the Lake Minnetonka Environmental School for their participation in and assistance in organizing and conducting the 1998 March for Parks event. The second nomination is the Antoine Park Citizens Group for their input in the Antoine Park Playground Improvement project. The Council may wish to consider a policy on the number of recipients of Friends of the Park Award presented each year. In some years there has been one recipient, in other years there have been two recipients. Presenting only one award may add more significance to the award. Council consideration of the Park Commission nominations for the Friends of the Park awaid is requested. In past years, this award has been presented by the Mayor at a Park Commission meeting. The idea of presenting this award at a City Council meeting was discussed at the Park Commission meeting. Presenting the award at a Council meeting may increase the "prestige" of the award and would also generate more media coverage of the event. Adopt a Park Volunteers The City also has volunteers who donate their time and effort to help clean up and maintain City Parks through the "Adopt a Park" program. A list of the Adopt a Park volunteers, and the parks they are responsible for is attached. The Park Commission is recommending that these citizens be recognized for their volunteer efforts to have a clean and well-maintained park system. Rewarding these volunteers may also generate additional interest in this program, as there are still many parks without Adopt a Park Volunteers. The Park Commission is recommending that both the Friends of the Park Award presentation and recognition of the Adopt a Park volunteers take place at the same Council meeting. The names of the Friends of the Park Award recipients are added to the plaque located in the Council Chambers entrance and an award certificate is also presented. The Adopt a Park volunteers could be presented with a certificate recognizing their volunteer work. An additional recommendation is to have an open house reception between 6:00 and 7:00 p.m. .before the Council meeting, with snacks and refreshments available for the Friends of the Park recipients and Adopt a Park volunteers. fL ADOPT A PARK PROGRAM PARTICIPANTS FOR 1998 Antoine Park Bederwood Park Stubbs Bay Road Stubbs Bay Access Casco Swim Beach Hackberry Park Summit Park Navarre Park Sandy Beach Stubbs Bay Road Bruce & Lisa Skjerping 1820 Shady wood Road Wayzata MN 55391 471-8487 (h) Richard & Amelia Kroeger 65 Stubbs Bay N Maple Plain. MN 55359 476-0012 (h) Larry Elsen 2879 Casco Point Rd Wayzata, MN 55391 471-0684 (h) 525-0100 (w) Jim Mulvanny Tamarack Club Seniors 559 Park Lane Long Lake MN 55356 473-8608 (h) James & Nancy Mittlestaedt 3468 Lyric Ave Wayzata MN 55391 471-8701 (h) Gale R. Landberg 1545 Maple Place Mound MN 55364 471-8182 (h) Richard & Amelia Kroeger 476-0012 (h) 65 Stubbs Bay Rd N Maple Plain MN 55359 1 !i i r REQUEST FOR COUNCIL ACTION DATE; FEB 2 2 1999 I I or onoi>to ITEM NO: Department Approv^ Administrator Reviewed: Agenda Section: Name TomKuehn City Administrator's Report j CjTitle Finance Director Item Description: Proposed Revision of the City of Orono Investment Policy Attachments; (A) Proposed Resolution to Revise the City of Orono Investment Policy (B) Proposed Investment Policy, Revised February 22, 1999 (C) Investment Policy, Adopted December 12,1988 During the review of the city's investment policy, requested by the Council, it was discovered that several areas of the policy required revision. The legislature enacted laws which repealed most or all of the previous legislation referred to in the policy and consolidated the new laws under Minnesota Statute Chapter 118 A, entitled "Deposit and Investment of Local Public Funds". We have attempted to reflect those changes within the proposed revised investment policy, while addressing the areas which were discussed by Ae council at the January 25, 1999 council meeting. When possible, language has been simplified. Some of the specific changes include the following: • Addition of the Internal Service Funds category within the scope of the policy, as it is anticipated that at least one fund of this type will be added this year. • Regarding the purchase of certificates of deposit, language has been added setting a minimum allowable net worth to asset ratio of 5.0% and the IDC rating of the bank is requested. • At the end of the listing of acceptable investment instruments is a list of instruments that the City specifically will not invest in. • Included in the banks and dealers section is incorporated the state requirement for the City to obtain broker/dealer certifications each year. • Under the delegation of authority section it is noted that the state authorizes the city to delegate the investment management and designation of depositories to the treasurer. r The proposed revised investment policy is presented for your review and consideration, along with a proposed resolution adopting the revised investment policy. It is not necessary to adopt the revised policy at this time if Council wishes to discuss or refine it further. I will be available to discuss the policy. COUNCIL ACTION REQUESTED: PROPOSED MOTION: - Moved by._, seconded by,___Ayes___, Nays TOMVMSWORDMNVEST.OOC I I A RESOLUTION TO REVISE THE CITY OF ORONO INVESTMENT POLICY Whereas, effective cash management is recognized as essential to good fiscal management, and Whereas, Minnesota Statutes authorize and define instruments which cities may invest excess cash in, and; 1988; Whereas, the City of Orono has operated with an investment policy since December 12, Now, Therefore, Be It Resolved, by the City Council of the City of Orono, to revise the Statement of Investment Policy for the City of Orono. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held February 22,1999. Gabriel Jabbour, Mayor attest: Linda S. Vee, City Clerk B CITY OF ORONO INVESTMENT POLICY Draft Amendment February 22,1999 PURPOSE The purpose of this investment policy is to establish: - the City's investment objectives - investment reporting practices to management and council • appropriate investment instruments - criteria for selection of banks and dealers - requirements regarding maturities and diversification - investment principles of risk, prudence and ethics, and - responsibilities of the investment ftmction SCOPE The investment policy applies to all ftmds in the custody of the City, including: - the General Fund - the Special Revenue Funds - the Debt Service Funds - the Capital Projects Funds - the Enterprise Funds - the Internal Service Funds Unless specified by City Council action, or otherwise required. City monies will be pooled in the Pooled Investment Trust Fund with the resulting investment income accruing to the various City funds as provided in Resolution No. 2105. ORTECTIVES The objectives of the City's investment program are: 1. To preserve investment principal in the overall portfolio is the primary objective. 2. To remain sufficiently liquid to meet expenditure requirements. It is essential that cash is available when needed, therefore, the objective is to maximize yield while matching maturity dates with expenditure needs including provision of a cushion for possible unforeseen needs. 3. To diversify the investment portfolio by individual financial institution, government agency or by corporation in the case of conunercial paper to reduce the exposure to risk of loss. 4. As custodians of the public trust all participants in the investment process shall seek to act responsibly and avoid any transaction that might impair the credibility of the City. ► ^ I REPORTING The investment reporting includes budgetary, interim/intemal, and annual. 1. Budgetary Reporting. As part of the annual budget process interest income shall be estimated for all budgeted funds based on a cash flow forecast. 2. Tnterim/Intemal Reporting. The Finance Department shall provide to management and the Council a quarterly report, including the total of all investments. The report will include a description of each investment, purchase date, maturity date, rate of return, cost, and par value. 3. Annual Renortino. The Finance Department shall provide an annual report on the investment program. In addition to the quarter-end information the report will include an annualized rate of return, a comparison to the budget for each fund, and the prior year revenue for each fund. INSTRUMENTS Minnesota municipalities are restricted to certain types of investments, as reflected in Minnesota Statutes 118A.04. The permissible investments are: 1. U.S. Treasury Obligations, which have the full faith and credit of the U. S. Government pledged for repayment. 2. Federal Agencies, which are created and supervised by the federal government so thatj for all practical purposes, there is an absence of credit risk. 3. General Obligations of the State of Minnesota or any of its subsidiaries that are rated by at least one national rating agency with a rating level of at least the following: - general obligation rated "A” or better - revenue obligation rated "AA" or better - general obligations of the Minnesota Housing Finance Agency rated "A” or better 4. Commercial paper issued by United States corporations or their Canadian subsidiaries that is rated the highest quality (Al, PI, FI, Dl) by at least two nationally recognized rating agencies and matures in 270 days or less. 5. Certificates of deposit that are fully-insured by the Federal Deposit Insurance Corporation. Deposits exceeding $100,000 insurance shall be covered by a surety bond or collateralized with U.S. Treasury or agency securities computed at market value which shall be at least ten percent more than the amount of each deposit in excess of the insured portions. Collateral consisting of first mortgages shall be at least forty percent more than the amount of deposit in excess of the insured portion. All collateral shall be assigned to the City from the depository. The institution issuing the certificate of deposit shall have a minimum allowable net worth to asset ratio of S.O^o. If the dealer/broker marketing the certificate of deposit subscribes to the rating service of IDC Financial Publishing, Inc., the institutions overall IDC ranking shall be excellent (165-199) or superior (200-300). 6. Bankers Acceptances shall be restricted to those of U.S. banks eligible for purchase by the Federal Reserve System. 7. Repurchase Agreements must be from a national or state bank in the U.S. that is a member of the Federal Reserve System and whose capital and surplus is at least $10,000,000 or is a primary reporting dealer in U.S. government securities to the Federal Reserve Bank of New York; or a securities broker-dealer licensed pursuant to chapter 80A, or an affiliate of it, regulated by the securities and exchange commission and maintaining a combined capital and surplus of $40,000,000 or more, exclusive of subordinated debt. The City shall receive a confirmation safekeeping receipt with a complete description of the collateral on the repurchase agreement. 8. Shares in mutual funds investing exclusively in U.S. government and agency issues with maturities of no longer than 13 months, referred to as "money market funds". The City will not invest in the following instrumentst 1. Reverse Repurchase agreements 2. Mortgage-Backed securities, as defined in Minnesota Statutes 118A.04 Subd. 6 3. Future Contracts 4. Options 5. Guaranteed investment contracts BANKS AND DEALERS The City will conduct its investment transactions with financial institutions designated by the City Council. These institutions will meet the following criteria: 1. Financial institutions located in the state of Minnesota. 2. Banks, Savings Banks and Savings and Loans shall be restricted to those having a minimum capital and surplus of $10,000,000 and a net worth to asset ratio minimum of 5.0%, except for the City's main checking account at the First National Bank of the Lakes, Navarre. 3. Security broker/dealtiS shall be restricted to those regulated by the SEC, have a minimum capital of $40,000,000 and may include "primary" dealers or regional dealers. 3. Municipalities must obtain from their brokers certain representations regarding future investments. Minnesota Statutes 118A.05 requires the City to provide each broker with information regarding the City's investment restrictions. All brokers will provide the City with a Broker/Dealer Certification stating that they will do business with the City according to Minnesota Statute and the Orono Investment Policy. The Broker/Dealer Certification will be signed by an officer of the company. .! MATURITIES AND mVERSf fCATION The City's policy for portfolio diversification shall be to stagger maturities which will avoid undue concentration of assets while providing stability of income and reasonable liquidity. Short-term investments will mature on or near the anticipated date of need to pay for recurring operations. Long-term investments are made for debt service requirements and from excess monies as available from the various other flmds; and an opportunity to extend maturities and achieve higher yields may exist. Maturities should not be extended beyond five years and the longer term securities may be sold if it is advantageous to do so in the opinion of the Treasurer. Generally the allowable portfolio maximum for a specific maturity is 20%; for a specific dealer is 40%; and for a specific type is 35%. RISK. PRUDENCE AND ETHICS The standard of prudence to be used by investment officials involved in the investment process shall be the "prudent investor" and shall be applied in the context of managing the overall portfolio. Investment officers acting in accordance with this policy and with MN Statute 1 18A and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, as provided in MN Statute 1 18A.02 Subd 2. DELEGATION OF AUTHORITY The City Council hereby delegates the management of the investment program and the designation of depositories to the city treasurer, as authorized in Minnesota Statute 11 8A.02. In his absence the deputy treasurer or the city administrator shall exercise the same authority. The treasurer shall have full authority, as stated in Resolution No. 2089, to initiate such wire transfers or interbank transfers as may be necessary to accomplish the investment objectives as stated within this policy. The treasurer shall provide the Council with a detailed list of electronic wire transfers at the next available council meeting. The treasurer shall be authorized to designate depositories on behalf of the City Council at times other than the beginning of the year, as provided in Resolution No. 2563, and will provide to the Council the identity of each new depository and the investment purchased from that depository at the next available council meeting. .4 CXTT OF ORONO INVBSTMBIIT POLICY ADOPTED DECEMBER 12« 1988 I.INTRODUCTION The purpose of this investment policy is to establish: -the City's investment objectives -investment reporting practices to management and the Council -investment instruments that are appropriate for the City -criteria for selection of banks and dealers -requirements regarding maturities and diversification —investment principles of riskf prudence and ethics and -responsibilities for the investment function II.SCOPE The investment policy applies to the City of Orono's funds accounted for in the City's annual report and include: - the general fund - the special revenue funds - the debt service funds - the capital projects funds - the enterprise funds Unless specified by City Council action* investments of City monies will be pooled and invested in the Pooled Investment Trust Fund with the resultant investment income accruing to the benefit of the various City funds as provided in Resolution No. 2105. Ill, INVESTMENT OBJECTIVES A. The primary objectives of the City's investment program are: 1. To preserve principal each investment transaction shall seek first to Insure the preservation of capital in the overall portfolio. 2. To remain sufficiently liquid to meet expenditure requirements. It is essential that cash is available when needed, therefore the City's investment goal is to maximize while matching maturity dates with expenditure needs inclu ng } the provision of a cushion for possible unforeseen needs. 3. To diversify the investment portfolio by individual financial institution, government agency or by corporation in the case of commercial paper to reduce the exposure to risk of loss. 4. As custodians of the public trust all participants in the investment process shall seek to act responsibly and avoid any transaction that might Impair the credibility of the City. IV.Reporting The investment reporting function shall include requirements for; budgetary reporting, interim/internal reporting, and annual reporting. A. Budgetary Reporting. As part of the annual budget, interest income shall be estimated for all budgeted funds based on a cash flow forecast. B. Interim/Internal Reporting. The Finance Department shall maintain the investment portfolio on the LOGIS Financial Investment Management System on a monthly basis and provide to management or the Council at any time. Management shall be provided investment portfolios monthly. C. Annual Reporting. The Treasurer shall prepare a written fiscal year report on the investment program and investment activity. This report shall Include a summary of the investment activity and rate of return for the fiscal year then ended and a comparison to the oudgeted amounts. V.Instruments Cities in Minnesota are all restricted to the same permissible investments under Minnesota Statutes 475.66. These Instruments are summarized with pertinent information as follows: A. DIRECT U.S. GOVERNMENT OBLIGATIONS (treasury bills, notes, bonds and certificates of Indebtedness). B. FEDERAL AGENCY ISSUES (not directly guaranteed by the U.S. government such as Federal Home Loan Banks, Federal National Mortgage Association, Federal Land Banks, etc) C. REPURCHASE AGREEMENTS (Repo's) - Repo transactions are restricted to: (1) A primary reporting dealer in U.S. government securities who reports to the Federal Reserve Bank of Mew Yorkr or • * • • (2) National or state bank in the U.S. which is a member of the Federal Reserve system and whose combined capital and surplus equals or exceeds $10,000#000. (3) A securities broker-dealer having its primary executive office in Minnesota and licensed pursuant to Chapter 80A, or an affiliate of it, registered by the SEC and maintaining a combined capital and surplus of $40,000,000 or more, exclusive of subordinated debt. (4) The City shall receive a confirmation/safekeeping receipt with a complete description of the collateral on the repo. D. MONEY MARKET FUNDS shall consist solely of instruments in which Minnesota municipalities are permitted to temporarily invest monies pursuant to Minnesota Statues and shall be consistent with the City's objective of preservation of principal. E. BANKERS* ACCEPTANCES of U.S. banks eligible for purchase by the Federal Reserve System. Bankers acceptances should be restricted to the top 40 banks in the U.S. (as measured by deposits) and 1st Banks of Minnespolis or St. Paul and Norwest Bank Minneapolis. (Bankers acceptances should not be purchased from the above banks if news leads to concerns over the financial condition of the bank.) The broker, dealer or bank shall verify that the bankers acceptance is eligible for purchase by the Federal Reserve System. F. COMMERCIAL PAPER OP HIGHEST QUALITY issued by U.S. corporations or their Canadian subsidiaries when the paper matures in 270 days or less. Highest quality shall mean that two of the three rating agencies (Standard & Poors, Moodys and Pitch) rate the paper of the highest quality (Al, PI and PI respectively). Commercial paper based upon a letter of credit should be restricted to the same banks listed in E. above. G. CERTIFICATES OP DEPOSIT, interest bearing checking and savings accounts# and money market savings accounts secured by F.D.I.C* or F«S.L»1.C. insurance. Amounts in excess of $100#000 (maximum insured) shall be secured by collateral as required by Minnesota Statutes. See excerpt from Minnesota Cities Handbook, page 423, included, when an institution pledges collateral it shall provide to the city treasurer confirmation of the collateral pledged within 3 working days and shall deposit said collateral at an independent bank. VI. Banks and Dealers Investment procedures Include controlling the level of bank balances and selecting depository institutions. At the beginning of each year, the City Council approves depositlorles and investment firms. A.Banks and Savings Banks shall be restricted to those having a minimum capital and surplus of $10,000,000 and an asset to net worth ratio minimum of 3.0% except for the main checking accounts at the First National Bank of the Lakes, Navarre. B.Investment firms shall be restricted to those regulated by the SEC and having a minimum capital of $10,000,000. C.A current annual statement shall be kept on file for each bank, broker or dealer with whom business is done. D. Only brokers and dealers of government securities that report directly to the New York Federal Reserve Bank shall be utilized. E.Receipts are required from any depository holding securities for the City within 3 days of receipt by the depository. VII. Maturities and Diversification This investment policy addresses both short-term funds and long-term funds. A. Short-term investments are made in securities which will mature very close to the date on which the I an Pa£aDiiiZJ»M monies are expected to be needed to pay for recurring operations. B.Long-term investments are made for debt service requirements and from excess monies available from the various other funds as permitted from time to time; and an opportunity to extend maturities and achieve higher yields may exist. Maturities should not be extended beyond five years and the Treasurer may sell the longer term securities if it is advantageous in his/her opinion to do so. It is the policy of the City to diversify its investment portfolio. Investments shall be diversified to eliminate the risk of loss resulting from the overconcentration of assets in a specific maturity^ a specific issuer or a specific class of maturities. The maximums to be generally adhered to are 20% for a specific maturity; 40% for a specific issurer, bank, or dealer; and 35% for a specific class (instrument) of maturities. VIII. Risks, Prudence and Ethics The City recognizes that investment risks can result from issuer defaults or market price changes. The Minnesota Statutes governing permissible investments and the diversification guidelines are designed to control risk to some degree. The Treasurer is expected to display prudence in the selection of securities, as a way to minimize default risk. In the event of a default by a specific issuer, the Treasurer shall review, and if appropriate, proceed to liquidate securities having comparable credit risks. The treasurer in exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes provided that reasonable action is taken to control adverse developments. Any officer or employee involved in the investment process shall refrain from personal business activitiy that could conflict, or gives the appearance of a conflict, with proper execution of the investment program or impair the ability to make impartial investment decisions. IX. Delegation of Authority The City Council hereby delegates the management of the investment program to the city treasurer* In his absence^ the deputy treasurer or the city administrator shall exercise the same authority. The treasurer shall also have full authority as stated in Resolution No. 2089. to initiate necessary wire- transfers or interbank transfers, as may be necessary to accomplish the investment objectives as stated herein. The treasurer shall provide the Council with a detailed list of electronic wire transfers at the next available Council meeting. The treasurer shall further be authorized to designate depositories on behalf of the City Council as provided in Resolution No. 2563 at times other than the beginning of the year and will provide to the Council the identity of each new depository and the investment purchased from each new depository at the next available Council meeting. i < 4 t )i 112086.5 City of OROINO 1 ^r^ C j** ■'^V-vv ■• ■-/ , ORON(>i RESOLUTION OF THE CITY COUNCIL NO. 2089_________ A RESOLUTION APPROVING THE USE OF, AND DESIGNATING THE OFFICIALS AUTHORIZED TO INITIATE HIRE TRANSFER OF CITY FUNDS BE IT RESOLVED, by the City Council of the City of Orono, Minnesota as follows: 1. The City does hereby approve the use of wire transfer of City funds for transactions related to the investment (purchase, sale, collection of interest) of the City’s funds; and for the payment of the various bonded debt issues of the City. 2. The City does hereby authori2e the City Treasurer, Deputy City Treasurer, or the City Administrator to initiate such wire transfers as needed for the transactions related to investment of the City’s funds or for the payment of the City’s debt. Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held November 24, 1986. Mary C Mayor \ city of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2563 A RESOLUTION AUTHORIZING THE CITY TREASURER TO DESIGNATE DEPOSITORIES OP CITY FUNDS WHEREAS, the City of Orono Investment Policy has stated guidelines for selecting depositories and investment firms; and WHEREAS, Minnesota State Statutes do authorize the City Council to delegate the responsibility of designating depositories of pub*lic funds to the City Treasurer or Chief Financial Officer; and WHEREAS, the investing of City funds does, on occasion, occur prior to the formal adoption of the institution as an approved depository. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Orono, Minnesota, that the City Treasurer is hereby authorized to act on the City's behalf to designate additional depositories of City funds upon concurrence of the City Administrator or Acting Administrator and within the guidelines of the City of Orono Investment Policy. Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held on December 12, 1988. ATT BT; 4 Revised motion to include a budget adljustment for the Golf Course Capital Outlay Budget REQUEST FOR COUNCIL ACTION DATE: February 22, 1999 ITEM NO.: 0 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Administrator's Report Item Description: Request to Purchase Television Set for Orono Golf Course Attached you will find a request from Ron Steffenhagen, Golf Course Superintendent, to purchase a new television set for the golf course clubhouse. We are recommending approval of this request to be paid for from the Golf Course Fund. COUNCIL ACTION REQUESTED: Motion to approve purchase of a Television Set for the Orono Golf course from Best Buy for $351.00 to be paid for from the Golf Course Fund and to amend the 1999 Golf Course Capital Outlay Budget to include this expenditure *lc J (rcc^pa ^V»1 *, 'S Vi v^ ^c^+d?; 'Sn !q,j f^c.'f I '^,. t/. »• C'/^ /) J/0tc9O If d ■fi* V c/<f) K?<a y«Pc/ ^ CxYvJ u?^‘t^’^tl C^ to S v\ ^ v' U)0 >* iCS 5o>V7e yc^<^YS ^c^o ^ ^Lf' fc. -/-^e ycl^ cd>uX5C'^, “Td <^5't c^oo. ■* 7^> V*«?/3^‘V, ^r^lc'cO ^be. Co vV7 I? <? J ^ ^ V^7 lo I*S? *7^q iZ/Jicy -Pr^m -flK? C^iC C'^*-(0>> •5 ‘4<yaft Qssf, even^-^-. =:•'(■ pas'/' f^(>^ )li crY«“vi5r /” 19 (^3 5'i 06 w\^ s^»Vs icix ....ii/.c^ 'Saf. (gfjf /=J^ ^ S<5 ^*1 (* C fW«v ,ax XX ( 0 \ ■'^^7 Jf^j , '39?, " REQUEST FOR COUNCIL ACTION FEB 2 2 »99 I \jc DATE: February 18,1999 ITEM NO: ^ / Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: 4^ Agenda Section: City Administrator’s Report Item Description: Scheduling of a Public Hearing on the Highway 12 Preliminary Layout The Mn/DOT public hearing regarding the Highway 12 preliminary layout is scheduled for the evening of Monday, February 22. The public hearing will complete another step in the process leading to Mn/DOTs formal adoption of the preliminary layout for approval by the affected cities. To enable Mn/DOTs review and approval process to move ahead, it is important the City complete its own review process, which includes receiving comments from the property owners affected by the proposed highway. At this time the Council may want to select a date and time for a public hearing regarding the Highway 12 preliminary layout. COUNCIL ACTION REQUESTED: Motion to select a date and time for a public hearing regarding the Highway 12 preliminary layout. ™ fEB 2 2 1999REQUEST FOR COUNCIL ACTION Oil I ur unui^iO DATE: February 18,1999 ITEM NO: o Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Ordinance Amendment: Emergency Management The Lake Minnetonka Area Emergency Preparedness Directors have worked with Hennepin County Emergency Preparedness staff to develop an updated emergency preparedness ordinance that can be used by all of the lake area cities. The updated ordinance meets all current State and Federal requirements. In addition, the ordinance encourages and facilitates coordination and cooperation among the lake area cities in responding to emergency situations. COUNCIL ACTION REQUESTED: Motion to approve an ordinance to amend Municipal Code Sections 9.36, 9.37, 9.38 and 9.39 by adopting updated regulations for emergency management. 5 ORDINANCE NUMBER , SECOND SERIES AN ORDINANCE AMENDING ORONO MUNICIPAL CODE SECTION 9.36-CIVIL EMERGENCIES: GENERAL PROVISIONS; SECTION 9.37- DIRECTOR OF EMERGENCY SERVICES; SECTION 9.38-EMERGENCY SERVICE WORKERS; AND SECTION 9.39-EMERGENCY SERVICES REGULATIONS BY ADOPTING REGULATIONS FOR EMERGENCY MANAGEMENT The City Council of the City of Orono ordains: SECTION 1. Ordinance Amended. Ordinance Sections 9.36, 9.37, 9.38 and 9.39 are hereby repealed, and the following language substituted in its place: SEC. 9.36. EMERGENCY MANAGEMENT. Subd. 1. Policy and Purpose. Because of the existing possibility of the occurrence of disasters of unprecedented size and destruction resulting from fire, flood, tornado, blizzard, destructive winds or other natural causes, or from sabotage, hostile action, or from hazardous material mishaps of catastrophic measure or other major incidents, and in order to insure that preparations of the City will be adequate to deal with such disasters and generally, to provide for the common defense and to protect the public peace, heedth and safety, and to preserve the lives and property of the people of this City, it is hereby found and declared to be necessary. A. To establish a City emergency management orgamzation responsible for City planning and preparation for emergency government operations in time of disasters. B. To provide for the exercise of necessary powers during emergencies and disasters. C. To provide for the rendering of mutual aid between the City, and other political subdivisions with respect to the carrying out of emergency preparedness functions. D. To comply with the provisions of Minnesota Statutes, Chapter 12, known as the Minnesota Emergency Management Act of 1996. E. To participate as a member of the Lake Minnetonka Regional Emergency Management, Preparedness Planning and Review Committee, review and accept its emergency plan as the City's basic plan for responses to emergencies, disasters, major incidents, mutual aid and other projects consistent with this ordinance and Minnesota Statutes, Chapter 12. Page I of 6 ^ I - V ( Subd. 2.Definitions. A. "Emergency Management" means the preparation for and the carrying out of all emergency functions, to prevent, minimize and repair injury and damage resulting from disasters caused by fire, flood, tornado and other acts of nature, or from sabotage, hostile action, or from industrial hazardous material mishaps or other major incidents. These functions include, without limitation, fire-fighting services, police services, emergency medical services, engineering, warning services, communications, radiological, and chemical, evacuation, congregate care, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services and other functions related to civil protection, together with all other activities necessary or incidental for carrying out of the foregoing functions. Emergency management includes those activities sometimes referred to as "Civil Defense" or "Emergency Preparedness" functions. B. "Disaster" means a situation which creates an immediate and serious impairment to the health and safety of any person, or a situation which has resulted in or is likely to result in major loss to property, and for which traditional sources of relief and assistance within the affected area are unable to repair or prevent the injury or loss. C. "Emergency" means an unforeseen combination of circumstances which calls for immediate action to respond, or prevent from developing or occurring. D. "Emergency Management Forces" means the total personnel resources engaged in city-level emergency management functions in accordance with the provision of this resolution or any rule or order thereunder. This includes personnel from City department, authorized volunteers, and private organizations and agencies. E. "Emergency Management Organization" means the staff element responsible for coordinating city-level planning and preparation for disaster response. This organization provides City liaison and coordination with federal, state and local jurisdictions relative to disaster preparedness activities, major incidents, mutual aid, and other projects consistent with this ordinance and assures implementation of federal, state, county and other program requirements. F. "Major Incident" means any incident which exhausts local resources. G. "Emergency Management Mutual Aid" means any disaster or major incident which requires the dispatching of city personnel, equipment or other necessary resources within or without the city limits. Page 2 of 6 H. "Lake Minnetonka Regional Emergency Management, Preparedness Planning and Review Committee" means a committee made up of the Lake Minnetonka area emergency management directors which develops, renews and establishes a basic emergency plan, and identifies and coordinates training for member communities and reviews local plans, exercises, major incidents and disaster responses which are consistent with this ordinance. Subd. 3. Establishment of an Emergency Management Organization. A. There is hereby created with the City government an emergency management organization which shall be under the supervision and control of the Emergency Management Director, hereinafter called the "director". The director shall be appointed by the Mayor. The director shall have direct responsibility for the organization, administration and operation of the emergency preparedness organization. Subd. 4. Powers and Duties of the Director. A. The director may develop additional mutual aid agreements with other political subdivisions of the state for reciprocal emergency management aid and assistance in an emergency too great to be dealt with unassisted, and shall present such agreements to the City for its action. Such arrangements shall be consistent with the Emergency Plan. The director shall also be the City's representative on the Lake Minnetonka Regional Emergency Management, Preparedness Planning and Review Committee. B. The director shall make assessments of personnel, businesses and industries, resources and facilities of the City as deemed necessary to determine their adequacy for emergency management and to plan for their most efficient use in time of an emergency, major incident or disaster. C. The director shall prepare a comprehensive emergency plan for the emergency preparedness of the City and shall present such plan to the City for its approval. When the Council has approved the plan by resolution, it shall be the duty of all City agencies and all emergency preparedness forces of the City to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from time to time. The director shall coordinate the basic emergency management activities of the City to the end that they shall be consistent and fully integrated with the basic emergency plan of the Lake Minnetonka Regional Emergency Management, Preparedness Planning and Review Committee, and Federal and State Governments. D. In accordance with the Emergency Plan, the director shall institute such training programs, public information programs and conduct practice warning alerts and emergency exercises as may be necessary to assure prompt and effective operation of the Emergency Plan when a disaster, major incident or mutual aid occurs. Page 3 of 6 E. The director, during an emergency, major incident or mutual aid, shall utilize the personnel, services, equipment, supplies and facilities of existing departments and agencies of the City to the maximum extent practicable. The officers and personnel of all such departments and agencies shall be, to the maximum extent practicable, cooperative with and extend such services and facilities to the Emergency Management organization. The head of each department or agency in cooperation with the director shall be responsible for the planning and programming of such emergency activities as will involve the utilization of the facilities of the department or agency. F. The director shall, in cooperation with the existing departments and agencies affected, assist in the organizing, recruiting and training of such emergency management personnel, that may be required on a volunteer basis to carry out the emergency plans. To the extent that such emergency personnel are recruited to augment a regular department or agency for emergencies, they shall be assigned to such departments or agencies and shall be under the administration and control of said department or agency. G, The director shall carry out all orders, rules and regulations issued by the governing authority with reference to emergency management. H. The director shall prepare and submit such reports on emergency preparedness activities as may be requested by the governing authority. Subd. 5. Local Emergencies. A. A local emergency, including a disaster, major incident or mutual aid response, may be declared by the Mayor, or their legal successors. It shall not be continued for a period in excess of three days except by or with the consent of the governing board of the political subdivision. Any order, or proclamation declaring, continuing, or terminating a local emergency shall be given prompt and general publicity and shall be filed promptly by the clerk of the local records-keeping agency of the subdivision. B. A J*;claration of a local emergency shall invoke necessary portions of the response and recovery aspects of applicable plans including fiscal expenditures which are consistent with this ordinance. C. No other jurisdictional agency or official may declare a local emergency unless expressly authorized by the agreement under which the agency functions.! Subd. 6. Emergency Regulations. A. Whenever necessary to meet a declared emergency or to prepare for such an emergency for which adequate reguhtions have not been adopted by the Governor or the City Council, the Council may by resolution promulgate regulations. Page 4 of 6 consistent with the applicable federal or state law or regulation, respecting: the conduct of persons and the use of property during emergencies; the repair, maintenance, and safeguarding of essential public services, emergency health, fire, and safety regulation, drills, or practice periods required for preliminary training, and all other matters which are required to protect public safety, health, and welfare in declared emergencies. B. Every resolution of emergency regulations shall be in writing: shall be dated; shall refer to the particular emergency to which it pertains, if so limited, and shall be filed in the Office of the City Administrator, which copy shall be kept posted and available for public inspection during business hours. Notice of the existence of such regulation and its availability for inspection at the Administrator's Office shall be conspicuously posted at the front of the city hall or other headquarters of the City or at such other places in the affected ure as the Council shall designate in the resolution. By like resolution, the Council may modify or rescind any such regulation. C. The City Council may rescind any such regulation by resolution at any time. If not sooner rescinded, every such regulation shall expire at the end of 30 days after its effective date or at the end of the emergency to which it relates, whichever comes first. Any resolution, rule or regulation inconsistent with an emergency regulation promulgated by the Council shall be suspended during the period of time and to the extent such conflict exists. D. During a declared emergency, the director is, notwithstanding any statutory or charter provision on the contrary, empowered through its governing body acting within or without the corporate limits of the City, to enter into contracts and incur obligations necessary to combat such disaster by protecting the health and safety of persons and property and providing emergency assistance to the victims of such disaster. The director may exercise such powers in the light of the exigencies of the disaster without compliance with the time-consuming procedures and formalities prescribed by law pertaining to the performance of public work, entering rental equipment agreements, purchase of supplies and materials, limitations upon tax levies, and the appropriation and expenditure of public funds including, but not limited to, publication of resolutions, publication of call for bids, provisions of personnel laws and rules, provisions relating to low bids, and requirements for budgets. Subd. 7. Emergency Management - A Governmental Function. A. All functions thereunder and all other activities relating to emergency management are hereby declared to be governmental functions. The City and (except for willful misconduct) its officers, agents or employees, when engaged in emergency services activities shall not be liable for damage to person or property. The provisions of this section shall not affect the right of any person to receive benefits to which he would othenvise be entitled under this resolution or under the worker's compensation law, or under Page 5 of 6 i any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress. Subd. 8. Participation in Labor Dispute or Politics. A. The emergency management organization shall not participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes, nor shall it be employed in a labor dispute. The director may express professional opinions on legislative or other legal regulations consistent with the areas found in Minnesota Statutes, Chapter 12. Subd. 9. Authorizing Dispatch and Use of City Equipment and Services by the Director in Emergency Situations (Mutual Aid). A. The City finds it desirable and necessary to authorize the director to dispatch City equipment and personnel to local communities who request aid to combat their emergency, disaster, or major incident consistent with this ordinance, and Section 4, Subdivision 5. B. The director shall evaluate the internal needs of the City, and dispatch appropriate available aid. The director shall immediately recall, order and terminate the use of any dispatched equipment and personnel when the need for their use no longer exists, or earlier, when it appears in the best interest of the City. Aid requested from outside the Lake Minnetonka Regional area, or extended local aid within the Lake Minnetonka Regional area, shall require mutual agreement between the director and the city Manager/Administrator or their designee. C. The director shall be fully authorized as an agent of the City, and at all provisions for compensation of personnel, rental of equipment, liability insurance coverage, worker’s compensation insurance and all other safeguards and matters pertaining to the City, its equipment and personnel, shall apply in each case as if specifically authorized and directed at such time, whether or not the governing body or authority of the place in which the disaster, major incident, mutual aid, or other occurrence exists, has previously requested and provided for assistance and the use of equipment and personnel under a mutual protection agreement or other' pe protection agreement within the City. SECTION 2. Effective U.is Ordinance shall be published in THE PIONEER and THE LAKER newspapers and shall be effective upon approval and publication. Adopted by the City Council of Orono, Minnesota on this 22nd day of February, 1999 by a vote of__ayes and ___nays. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Page 1 of 6 i REQUEST FOR COUNCIL ACTION FEB 2 21999 oi I T wr DATE: February 18,1999 ITEM NO = <53 Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: Licenses Item Description: Kennel License Application, 666 Tonkawa Road Through the City's normal licensing procedures, it was discovered that Don Lindall, the owner of the property at 6^ Tonkawa Road, was keeping three dogs on his property. Because the City Code does not allow the keeping of more than two dogs without a kennel license, Mr. Lindall applied for a kennel license. As part of the investigation related to the kennel license application, a history of complaints and dog impounds was discovered. Normally, such a history would result in the denial of kennel license. However, because the denial of the kennel license would require Mr. Lindall to remove one of the three dogs from the property, it is recommended a kennel license be granted with the condition that the license will be reviewed on a quarterly basis. If the complaints and impounds continue, the kennel license will be revoked and one of the dogs will need to be removed from the property. COUNCIL ACTION REQUESTED: Motion to approve Don Lindall's application for a kennel license at 666 Tonkawa Road with the condition that if complaints and impounds continue, the kennel license will be revoked and one of the three dogs will need to be removed from the property. KENNEL LICENSE APPLICATION Efifective January 1,1 9 ^ to December 31,19_2± Owner: Property Address: (include city and ap) Mailing Address Of different):__________ • ■ "' ___________ ■ • Phone: fhomel ^^7/^ ^//______(work) ^2'^ RESIDENTIAL Kennel License Fee: S2S.OO (payment must accompany application) Ma»mum No. of dogs to be kept at one time:, (over 6 months of age) Principal Breed:__________________ 3 s : inside h k Purpose for more than 2 dogs: Dogs normally kept: •* • • COMMERCIAL Kennel License Fee: S150.00 (payment must accompany application) Name of Business: nut rv 4 ■ ennel structure Business Activities: (example: boarding, breeding, veterinary care, retail, etc.) Normal Business Hours: After Hours Contact: (name). (phone). Dog nins/exercise areas are:inside outside both The undersigned hereby makes application to the Orono City Council for a Keimel License as specified oti this form; the undersigned acknowledges that a ketmel license is permissive only and does not grant any authority to violate any pro^sion of any City Ordinance or other law or regulation; the undersigend hereby grants the City permisssion to inspect the premises prior to license approval and at any other reasonable time during the license duratiori; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any. special conditions imposed by the City Council as part of any kennel license approval. Date /r//f 20 Feb 1999 Sat 12:23 AM Check Number Check Register City of Orono Date Name FEB 2 2 »» Amount Page 1 Comments Check Number 58274 58274 58274 58274 ASPLUNDH COFFEE 19-Feb-99 ASPLUNDH COFFEE 19-Feb-99 ASPLUNDH COFFEE 19-Feb-99 ASPLUNDH COFFEE Totals Check Number 58274 ASPLUNDH COFFEE 162.80 127.00 127.30 417.10 COFFEE - PW COFFEE COFFEE - CH Check Number 58275 ATtT - KC 58275 19-Feb-99 Totals Check Number AT&T - KC 58275 AT&T - KC 15.46 15.46 LONG DISTANCE CHRGS li ' r Check Number 58277 BONESTROO ROSENE & ASSOC. 58277 19-Feb-99 BONESTROO ROSENE &ASSOC.4«412.65 HEAD SWR PROJECT 58277 19-Feb-99 BONESTROO ROSENE &ASSOC.1,678.31 CR15 TRAFFIC STUDY 81 58277 19-Feb-99 BONESTROO ROSENE &ASSOC.1,341.57 I/I NAVARRE AREA 58277 19-Feb-99 BONESTROO ROSENE &ASSOC.614.85 I/I COACO-FERNDALE AREA 58277 19-Feb-99 BONESTROO ROSENE &ASSOC.346.35 LSM13 REHAB DEC 58277 19-Feb-99 BONESTROO ROSENE &ASSOC.5,003.50 NAV WTR PLANT REHAB DEC 58277 19-Feb-99 BONESTROO ROSENE &ASSOC.305.98 3YRDG/BRKTS PT INSP-DEC 58277 19-Feb-99 BONESTROO ROSENE &ASSOC.112.50 OCB RO TRAIL INSP-DCC 58277 19-Feb-99 BONESTROO ROSENE &ASSOC.41.50 US WEST ANTENNA NAVARRE 58277 19-Feb-99 BONESTROO ROSENE &ASSOC.272.00 FOX RIDGE SHR DEC 58277 19-Feb-99 BONESTROO ROSENE &ASSOC.169.50 OCB RO/HNY I't SIGNAL 58277 19-Feb-99 BONESTROO ROSENE &ASSOC.1,929.64 DEC COUNCIL MTG 58277 18-Feb-99 BONESTROO ROSENE &ASSOC.373.50 FINAL INSP ANTENNA-US HST 58277 19-Feb-99 BONESTROO ROSENE &ASSOC.767.50 SAN SWR-WOODLANDS 58277 18-Feb-99 BONESTROO ROSENE &ASSOC.169.50 OCB RD/HWY 12 SIGNAL 58277 18-Feb-99 BONESTROO ROSENE &ASSOC.3,534.16 OCT/NOV COUNCIL MEETINGS Totals Check Number 58277 BONESTROO ROSENE &ASSOC.21,073.01 Check Number 58278 BOYER FORD & TRUCK 58278 19-Feb-99 Totals Check Number BOYER FORD & TRUCK 58278 BOYER FORD & TRUCK 212.64 212.64 MUFFLER, TRK PARTS 8425 !Ck Number 58279 BUDGET PRINTING 58279 19-Feb-99 BUDGET PRINTING 58279 18-Feb-99 BUDGET PRINTING 58279 18-Feb-99 BUDGET PRINTING 58279 18-Feb-99 BUDGET PRINTING 58279 18-Feb-99 BUDGET PRINTING 58279 19-Feb-99 BUDGET PRINTING Totals Check Number 58279 BUDGET PRINTING 211.97 5.07 4.98 99.72 25.03 58.77 405.54 ACCIDENT INFO FORMS CARO STOCK UPS CHARGES ANIMAL IMPOUND REPORTS DOG BITE REPORTS ACTIVITY LOG Check Number 58280 CHAMPION AUTO STORES 58280 18-Feb-99 CHAMPION AUTO STORES 2.86 SOCKET HOLDER 20 Feb 1999 Sat 12x23 AM Check Number Check Number Check Register City of Orono Page 2 Date Name 58280 CHAMPION AUTO STORES Totals Check Number 58280 CHAMPION AUTO STORES Check Number 58282 CHUNKS LAKESHORE AUTO Check NUR0>er 58283 CITY OF LONG LAKE 58283 18-Feb-99 CITY OF LONG LAKE Totals Check Number 58283 CITY OF LONG LAKE Check Number 58284 CITY OF MAPLE GROVE 58284 19-Feb-99 CITY OF MAPLE GROVE Totals Check Number 58284 CITY OF MAPLE GROVE Check Number 58285 CITY OF ORONO PETTY CASH 58285 19-Feb-99 CITY OF ORONO PETTY CASH Totals Check Number 58285 CITY OF ORONO PETTY CASH Check Number 58286 CITYVIEW PLUMBING a HEATING 58286 19-Feb-99 CITYVIEW PLUMBING k HEATING Totals Check Number 58286 CITYVIEW PLUMBING k HEATING Check Number 58287 CONSTRUCTION MARKET DATA GRP 58287 19-Feb-99 CONSTRUCTION MARKET DATA GRP Totals Check Number 58287 CONSTRUCTION MARKET DATA GRP Transaction Amount Comments 2.86 58282 19-Feb-99 CHUNKS LAKESHORE AUTO 466.24 MAJOR TUNE UP 8180 58282 19-Feb-99 CHUNKS LAKESHORE AUTO 192.83 EQUIP REMOVAL 8170 58282 19-Feb-99 CHUNKS LAKESHORE AUTO 189.38 BRAKE PADS CUTLASS 58282 19-Feb-99 CHUNKS LAKESHORE AUTO 120.54 WHEEL CYLINDER -CUTLASS 58282 19-Feb-99 CHUNKS LAKESHORE AUTO 31.25 CHECK SIREN 8182 58282 19-Feb-99 CHUNKS LAKESHORE AUTO 31.25 REPLACE SPEAKER 8179 58282 19-Feb-99 CHUNKS LAKESHORE AUTO 735.01 INTAKE MANIFOLD 8177 58282 19-Feb-99 CHUNKS LAKESHORE AUTO 136.68 OIL CHG, TRANS FLUID 178 58282 19-Feb-99 CHUNKS LAKESHORE AUTO 50.00 INSPECTION-BLAZER 58282 19-Feb-99 CHUNKS LAKESHORE AUTO 278.19 OIL CHG, PLUG WIRES 179 58282 19-Feb-99 CHUNKS LAKESHORE AUTO 62.50 SIREN SPEAKER 8179 58282 19-Feb-99 CHUNKS LAKESHORE AUTO 868.26 REPAIRS - CUTLASS 58282 19-Feb-99 CHUNKS LAKESHORE AUTO 398.19 MAJOR TUNE UP 8181 58282 19-Feb-99 CHUNKS LAKESHORE AUTO 40.79 MUFFLER HANGER 8177 58282 19-Feb-99 CHUNKS LAKESHORE AUTO 714.57 BRAKES, OIL CHG 8182 58282 19-Feb-99 CHUNKS LAKESHORE AUTO 538.89 MAJOR TUNE UP, TRAN FLUID Totals Check Number 58282 CHUNKS LAKESHORE AUTO 4,854.57 28«912.00 28,912.00 1ST QTR FIRE PROTECTION 405.00 405.00 RANGE RENTAL 1/7/99 88.20 88.20 LUNCH RM SUPPLIES 269.62 269.62 RPR DRKING FOUNT, SHW DRN 89.90 89.90 MATERIALS BID 20 Feb 1999 Sat 12:23 AH Check Number Check Number 58288 Check Register City of Orono Date Name 58288 DAHLGREN SKARDLOW k UBAN 19-Feb-99 DAHLGREN SHARDLOW k UBAN Totals Check Number 58288 DAHLGREN SHARDLOW k UBAN Check Number 58289 DARE AMERICA Transaction Amount 958.76 958.76 Page 3 Comments MSTR PLN DSGN-DICKEY PARK 58289 18-Feb-99 4is Check Number DARE AMERICA 58289 DARE AMERICA Check Number 58290 58290 DCA 18-Feb-99 Totals Check Number DCA 58290 DCA Check Number 58291 58291 EARL F. ANDERSON k ASSOC. 19-Feb-99 Totals Check Number EARL F. ANDERSON k ASSOC 58291 EARL F. ANDERSON k ASSOC Check Number 58292 58292 ELECTION SYSTEMS k SOFTWARE 19-Feb-99 Totals Check Number ELECTION SYSTraS k SOFTWARE 58292 ELECTION SYSTEMS k SOFTWARE Check Number 58293 58293 ENGINEERING REPRO SYSTEMS 19-Feb-99 Totals Check Number ENGINEERING REPRO SYSTEMS 58293 ENGINEERING REPRO SYSTEMS Check Number 58294 58294 EXPRESS MESSENGER 19-Feb-99 Totals Check Number EXPRESS MESSENGER 58294 EXPRESS MESSENGER Check Number 58295 58295 58295 FIRSTAR TRUST COMPANY 19-Feb-99 19-Feb-99 Totals Check Number FIRSTAR TRUST COMPANY FIRSTAR TRUST COMPANY 58295 FIRSTAR TRUST COMPANY Check Number 58296 58296 58296 FIRSTAR TRUST CO.. 19-Feb-99 19-Feb-99 Totals Check Number FIRSTAR TRUST CO. FIRSTAR TRUST CO. 58296 FIRSTAR TRUST CO. 149.55 149.55 134.40 134.40 73.27 73.27 13.15 13.15 66.66 66.66 27.30 27.30 216.50 750.00 966.50 15.750.00 1,056.00 16.806.00 MEMO PAD, PENCILS FLEX SPEN ACCT ADM FEE SIGN PLATES CIG LICENSE SCAN TO PLOT DELIVERY - CHADWICK FISCAL AGENT FEE-92 BOND FISCAL AGENT FEE-98 BOND PRIN DUE MAR 1 - FINAL FISCAL AGENT FEES-91 BOND L^. r 20 Feb 1999 Check Register Page 4 Sat 12:23 AM City of Orono Check Transaction Number Date Name Amount Comments Check Number 58297 G &K SERVICES 50297 18-Feb-99 G a K SERVICES 8.52 UNIFORM - STEFFENHAGEN 58297 18-Feb-99 G & K SERVICES 138.93 UNIFORMS 50297 18-Feb-99 G a K SERVICES 15.73 UNIFORM - RATHBUN 50297 X8-Feb-99 G a K SERVICES 8.52 UNIFORM - STEFFENHAGEN 58297 18-Feb-99 G a K SERVICES 86.44 MATS 50297 18-Feb-99 G a K SERVICES 42.01 MATS - COUNCIL 50297 18-Feb-99 G a K SERVICES 42.01 MATS - ADMIN 58297 X8-Feb-99 G a K SERVICES 78.64 UNIFORMS 58297 X8-Feb-99 G a K SERVICES 15.73 UNIFORM - RATHBUN 58297 X8-Feb-99 G a K SERVICES 55.11 MATS - PD 58297 X8-Feb-99 G a K SERVICES 78.64 UNIFORMS Totals Check Number 58297 G a K SERVICES 570.28 Check Number 58290 GALL'S INC. 58298 X9-Feb-99 GALL'S INC.277.97 VISORLIGHT 58290 19-Feb-99 GALL'S INC.77.94 BLANKETS 58290 l9-Feb-99 GALL'S INC.139.98 SHOULDER HOLSTER 58298 l8-Feb-99 GALL'S INC.192.93 COMPACT BINOCULARS Totals Check Number 58298 GALL'S INC.688.82 Check Number 58300 GENUINE PARTS CO. 58300 18-Feb-99 GENUINE PARTS CO.3.25 WEATHERSTRIP 58300 18-Feb-99 GENUINE PARTS CO.26.61 BLOOR MAT 58300 18-Feb-99 GENUINE PARTS CO.0.70 ANTENNA 58300 18-Feb-99 GENUINE PARTS CO.24.79 LAMP - SEALED BEAM 58300 18-Feb-99 GENUINE PARTS CO.25.78 FITTING. LABOR, HOSE 58300 18-Feb-99 GENUINE PARTS CO.14.35 OIL ABSORB 58300 18-Feb-99 GENUINE PARTS CO.16.29 FUEL FILTER 58300 18-Feb-99 GENUINE PARTS CO.16.19 BLADE 58300 18-Feb-99 GENUINE PARTS CO.7.60 WASHER 58300 l0-Feb-99 GENUINE PARTS CO.5.05 FITTING 58300 18-Feb-99 GENUINE PARTS CO.65.82 BLADE 58300 18-Feb-99 GENUINE PARTS CO.7.72 SWITCH 58300 18-Feb-99 GENUINE PARTS CO.0.73 BULB 58300 18-Feb-99 GENUINE PARTS CO.6.01 BULB, MINIFUSE 58300 18-Feb-99 GENUINE PARTS CO.2.36 NIPPLE 58300 18-Feb-99 GENUINE PARTS CO.3.47 FITTING Totals Check Number 58300 GENUINE PARTS CO.234.72 Check Number 58301 GTE DIRECTORIES 58301 19-Feb-99 GTE DIRECTORIES 67.20 DIRECTORY ADVERTISING Totals Check Number 58301 GTE DIRECTORIES 67.20 Check Number 58302 HASEMAN, iCAROLE 58302 lO-Feb-99 HASEMAN, CAROLE 18.02 MILEAGE/PRKING-EARL BRWN 20 Feb 1999 Sat 12s23 AM Check Register City of Orono Check Humber Date Name Check Number 58302 HASEMAN, CAROLE Totals Check Number 58302 HASEMAN, CAROLE Check Number 58303 IMC SALT 58303 ‘ 58303 19-Feb-99 19-Feb-99 IMC SALT IMC SALT Totals Check Number 58303 IMC SALT Check Number 58304 INT'L CONF. OF BLDO OFFICIALS 58304 19-Feb-99 INT'L CONF. OF BLDG OFFICIALS Totals Check Number 58304 INT'L CONF. OF BLDG OFFICIALS Check Number 58305 INVER HILLS COMMUNITY COLLEGE 58305 19-Feb-99 INVER HILLS COMMUNITY COLLEGE Totals Check Number 58305 INVER HILLS COMMUNITY COLLEGE Check Number 58306 J. MARC FRITZLER 58306 19-Feb-99 J. MARC FRITZLER Totals Check Number 58306 J. MARC FRITZLER Check Number 58307 JON WRIGHT 58307 19-Feb-99 JON WRIGHT Totals Check Number 58307 JON WRIGHT Check Number 58308 KATOLIGHT 58308 19-Feb-99 KATOLIGHT Totals Check Number 58308 KATOLIGHT Check Number 58309 KENNETH N. POTTS, PA 58309 18-Feb-99 KENNETH N. POTTS. PA Totals Check Number 58309 KENNETH N. POTTS. PA Check Number 58310 LAKE BUSINESS SUPPLY 58310 19-Feb-99 LAKE BUSINESS SUPPLY Totals Check Number 58310 LAKE BUSINESS SUPPLY Check Number 58311 LAKE MTKA AREA CHAMBER OF COM 58311 19-Feb-99 LAKE MTKA AREA CHAMBER OF COM Transaction Amount 18.02 1.505.37 709.62 2.214.99 860.80 860.80 1.470.00 1.470.00 350.00 350.00 1.000.00 1.000.00 40.340.07 40.340.07 2.291.66 2.291.66 32.57 32.57 195.00 Page 5 Comments ROAD SALT ROAD SALT BUILDING CODE BOOKS ACAD FOR PUB MGMT-VEE REPLACE TILB-LOCKERROOM FINAL PAYMENT-PAINTING EMERGENCY GENERATORS PROSECUTIONS 1/99 APPOINTMENT BOOK CHAMBER MBRSHP 1/1/99-00 f • r. 1 •y 20 Feb 19:^9 Sat 12:23 AM Check Register City of Orono Check Number Date Name Check Number 58311 LAKE MTKA AREA CHAMBER OF COM Totals Check Number 58311 LAKE MTKA AREA CHAMBER OF COM Check Number 58312 LAND CARE EQUIPMENT 58312 18-Feb-99 LAND CARE EQUIPMENT Totals Check Number 56312 LAND CARE EQUIPMENT Check Number 58313 LONG LAKE POWER EQUIPMENT 58313 19-Feb-99 LONG LAKE POWER EQUIPMENT Totals Check Number 58313 LONG LAKE POWER EQUIPMENT Check Number 58314 MAMA-GMC LABOR RELATIONS SERV 58314 19-Feb-99 MAMA-GMC LABOR RELATIONS SERV Totals Check Number 58314 MAMA-GMC LABOR RELATIONS SBRV 58315 MAPLE PLAIN VOL FIRE DEPT 19-Feb-99 MAPLE PLAIN VOL FIRE DEPT Totals Check Number 58315 MAPLE PLAIN VOL FIRE DEPT Check Number 58316 MEDICA CHOICE 58316 58316 58316 58316 19-Feb-99 18-Feb-99 18-Feb-99 18-Feb-99 MEDICA CHOICE MEDICA CHOICE MEDICA CHOICE MEDICA CHOICE Totals Check Number 58316 MEDICA CHOICE Check Number 58317 MET COUNCIL ENVIRONMENTAL SVCS 58317 58317 19-Feb-99 19-Feb-99 MET COUNCIL ENVIRONMENTAL SVCS MET COUNCIL ENVIRONMENTAL SVCS Totals Check Number 58317 MET COUNCIL ENVIRONMENTAL SVCS Check Number 58318 MGCSA 58318 19-Feb-99 MGCSA Totals Check Number 58318 MGCSA Check Number 59319 MINNEAPOLIS OXYGEN COMPANY 58319 19-Feb-99 MINNEAPOLIS OXYGEN COMPANY Totals Check Number 58319 MINNEAPOLIS OXYGEN COMPANY Transaction Amount 195.00 25.42 25.42 12.73 12.73 2,590.00 2,590.00 1,800.00 1,800.00 1,317.74 178.55 178.56 16.022.79 17,697.64 19,653.66 50.00 19,703.66 75.00 75.00 27.00 27.00 Page 6 Comments GASKETS, SEALS CUTQUIK WHEEL MAMA LAB REL SUBSCRIP CONTRIBUTION FOR IRIS MSK HEALTH INSURANCE 3/99 HEALTH INSURANCE 3/99 HEALTH INSURANCE 3/99 HEALTH INSURANCE 3/99 SWR SERVICE 3/99 LATE FEE-SELF MONITER RPT MINI-SEMINAR•STEFFENHAGEN OXYGEN, ACETYLENE r 20 Feb 1999 Sat 12:23 AM Check Register City of Orono Check Number Date Name Transaction Amount Check Number Check Number 58319 MINNEAPOLIS OXYGEN COMPANY 58320 MINNESOTA BOOK STORE 58320 19-Fcb-99 itXNNESOTA BOOK STORE Totals Check Number 58320 MINNESOTA BOOK STORE 182.06 182.06 Check Number 58321 MINUTI-OGLE CO., INC r Page 7 Comments BUILDING CODE BOOKS 58321 19-Feb-99 MINUTI-OGLE CO., INC 17,657.62 REPAIRS - CITY HALL ROC Totals Check Number 58321 MINUTI-OGLE CO., INC 17,657.62 Check Number 58322 MN DEPT 01» REVENUE 58322 19-Peb-99 MN DEPT OF REVENUE 8.00 SALES TAX 1/99 58322 19-Feb-99 MN DEPT OF REVENUE 11.00 SALES TAX 1/99 Totals Check Number 58322 MN DEPT OF REVENUE 19.00 Check Number 58323 MN POLLUTION CONTROL AGENCY 58323 19-Feb-99 MN POLLUTION CONTROL AGENCY 8.00 VEHICLE INSP FEE 58323 19-Fjb-99 MN POLLUTION CONTROL AGENCY 4.00 VEHICLE INSP FEB 58323 39-Feb-99 MN POLLUTION CONTROL AGENCY 4.00 VEHICLE INSP FEE 58323 19-Feb-99 MN POLLUTION CONTROL AGENCY 16.00 VEHICT.E INSP FEE Totals Check Number 58323 MN POLLUTION CONTROL AGENCY 32.00 Check Number 58325 NAVARRE HARDWARE 58325 19-Feb-99 NAVARRE HARDWARE 29.11 BATTERIES, ID TAG 58325 19-Feb-99 NAVARRE HARDNARE 9.67 FILTERS 58325 19-Feb-99 NAVARRE HARDWARE 43.64 HOSE, WASHER 58325 19-Feb-99 NAVARRE HARDWARE 9.55 BATTERIE, DOOR OPENERS 58325 19-Feb-99 NAVARRE HARDWARE 4.78 COPPER TUBE, VALVE 58325 19-Feb-99 NAVARRE HARDWARE 10.58 FRAME KEYS 58325 19-Feb-99 NAVARRE **ARDWARE 8.55 KEY RING, KEYS 58325 19-Feb-99 NAVARRE HARDWARE 2.98 BULK BOLTS 58325 19-Feb-99 NAVARRE HARDWARE 43.51 BATTERIES 58325 19-Feb-99 NAVARRE HARDWARE 50.43 LIO NAILS, ACRYLIC 58325 19-Feb-99 NAVARRE HARDWARE 14.32 VELCRO TAPE, KEY 58325 19-Feb-99 NAVARRE HARDWARE 1.59 DOUBLE CUT KEY 58325 19-Feb-99 NAVARRE HARDWARE 17.03 PLEXIGLASS 58325 19-Feb-99 NAVARRE HARDWARE 9.03 LINK, ANCHOR 58325 19-Feb-99 NAVARRE HARDWARE 44.47 FILTERS, SCREWS Totals Check Number 58325 NAVARRE HARDWARE 299.24 Check Nun^er 58326 NORTH STAR TURF 58326 19-Feb-99 NORTH STAR TURF 1.61 KNOB Totals Check Number 58326 NORTH STAR TURF 1.61 1 20 Feb 1999 Sat 12:23 AM Check Number Date Check Number 58326 NORTH Check Number 58327 OMAN* 58327 19-Feb-99 58327 19-Feb-99 58327 19-Feb-99 58327 19-Feb-99 Check Register City of Orono Name OMAN« LYLE OMAN* LYLE OMAN* LYLE OMAN* LYLE Totals Check Number 58327 OMAN* LYLE Check Number 58328 PERRY'S SANDBLASTING 58328 58328 58328 58328 19-Feb-99 19-Feb-99 19-Feb-99 19-Feb-99 PERRY'S SANDBLASTING PERRY'S SANDBLASTING PERRY'S SANDBLASTING PERRY'S SANDBLASTING Totals Check Number 58328 PERRY'S SANDBLASTING Check Number 58329 PERSONNEL DECISIONS 58329 18-Feb-99 PERSONNEL DECISIONS Totals Check Number 58329 PERSONNEL DECISIONS Check Number 58330 PRAIRIE OFFSET 58330 19-Feb-99 PRAIRIE OFFSET Totals Check Number 58330 PRAIRIE OFFSET Check Number 58331 RC IDENTIFICATIONS 58331 19-Feb-99 RC IDENTIFICATIONS Totals Check Number 58331 RC IDENTIFICATIONS Check Number 58332 RICKS SUPERVALUE 58332 58332 19-Feb-99 19-Feb-99 RICKS SUPBRVALUE RICKS SUPBRVALUE Totals Check Number 58332 RICKS SUPERVALUE Check Number 58333 SA-AG INC. 58333 5S333 58333 19-Fcb-99 19-Feb-99 19-Feb-99 SA-AG INC. SA-AG INC. SA-AG INC. Totals Check Number 58333 SA-AG INC. Check Number 58334 SHORELAND MANAGEMENT WORKSHOP Transaction Amount 35.64 7.04 26.24 27.96 96.88 75.62 71.36 64.97 71.36 283.31 15.00 15.00 260.59 260.59 6.39 6.39 11.37 13.97 25.34 2*877.88 2*165.11 829.20 5*872.19 Page 8 Comments MIELAGE MILEAGE REIMBURSEMENT MILEAGE REIMBURSEMENT MIELAGE TOW - CHEV SUBURBAN TOW - FORD PU TOW SQUAD :n TOW SQUAD 18. BLANK QUESTIONAIR BOOKS ENVELOPES ID CARDS HOT CHOCOLATE DONUTS SAND CONCRETE SAND CONCRETE SAND 20 Feb 1999 Sat 12:23 AMCheckNumberCheck Number 58334 Date Name56334 SHORELAND MANAGEMENT WORKSHOP 19-Feb-99 SHORELAND MANAGEMENT WORKSHOP Totals Check Number 58334 SHORELAND MANAGEMENT WORKSHOP Check Number 58335 58335 58335 58335 56335 58335 58335 58335 SNYDER DRUG STORES 19-Feb-99 19-Feb-99 19-Feb-99 19-Feb-99 19-Feb-99 19-Feb-99 19-Feb-99 SNYDER SNYDER SNYDER SNVOER srr/DER 5NYDER SNYDER DRUG DRUG DRUG DRUG DRUG DRUG DRUG STORES STORES STORES STORES STORES STORES STORES Totals Checic Number 58335 SNYDER drug stores Check Number 58336 SRF CONSULTING GROUP INC. 58336 19-Feb-99 SRF CONSULTING GROUP INC 18 ,-heck Number 58336 SRF CONSULTING GROUP INC Check Number 58337 STAR TRIBUNE 58337 18-Feb-99 STAR TRIBUNE Totals Check Number 58337 STAR TRIBUNE Check Number 58338 STAT-MEDICAL 58338 19-Feb-99 Totals Check Number 58338 STAT-MEDICAL Check Number 58339 STATE OF MINNESOTA 58339 19-Feb-99 STATE OP MINNESOTA Totals Check Number 58339 STATE OF MINNESOTA Check Number 58340 STREICHERS 56340 56340 19-Feb-99 19-Feb-99 Totals Check Number 58340 STREICHERS Check Number 58341 SUPERAMERICA 58341 19-Feb-99 SUPERAMERICA Totals Check Number 58341 SUPERAMERICA STAT-MEDICAL STREICHERS STREICHERS -78.70 85.65 6.95 40.00 40.00 DIESEL FUEL 10 Feb 1999 Wed 9:58 AM Check Number Employee Name Check Number 045593 045593 JOHNSON, NARY ANN Totals Check Number 045593 Check Number 045594 045594 GEMAR, JAMIE L. Totals Check Number 045594 Check Number 045595 045595 HASEMAN, CAROLE A. Totals Check Number 045595 Check Number C45596 045596 MOORSE, RONALD J. Totals Check Number 045596 Check Number 045597 045597 VEE, LINDA S. Totals Check Number 045597 Check Number 045596 045598 KUBHN, THOMAS M. Totals Check Number 045598 Check Number 045599 045599 OLSON« RONALD J. Totals Check Number 045599 Check Number 045600 045600 PETTIT, SANDRA K. Totals Check Number 045600 Check Number 045601 04560i ANDERSCHI, BRUCE L. Totals Check Number 045601 Check Register City of Orono Page 1 Check Date lO-Feb-99 lO-Feb-99 lO-Feb-99 10-Feb-99 lO-Feb-99 lO-Feb-99 ’3-Fcb-99 lO-Feb-99 lO-Fcb-99 Check Amount 502.98 502.98 263.62 263.62 684.83 684.83 1,502.70 1,502.70 1,092.29 1,092.29 1,005.84 1,005.64 25.59 25.59 772.71 772.71 296.32 296.32 10 Feb 1999 Wed 9:56 AM Check Number Employee Name Check Number 045602 045602 BOBZIEN, SUB A. Totals Check Number 045602 Check Number 045603 045603 BORIS, SCOTT W. Totals Check Number 045603 Check Number 045604 045604 CHESWICK, GARY B. Totals Check Number 045604 Check Number 045605 045605 CORNICE, JAMBS L. Totals Check Number 045605 Check Number 045606 045606 DEMBOUSKI, JAY C. Totals Check Number 045606 Check Number 045607 045607 ERICKSON, KURT R Totals Check Number 045607 Check Number 045608 045608 FARNIOK, CORREY L. Totals Check Number 045608 Check Number 045609 045609 FISCHENICH, DAN T. Totals Check Number 045609 Check Number 045610 045610 FISCHER, CHRISTOPHER K Totals Check Number 045610 Check Number 045611 Check Register City of Orono Page 2 Check Date lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 Check Amount 652.69 652.69 1,117.75 1,117.75 1.584.64 1.504.64 1,260.27 1,260.27 1,244.62 1,244.62 1,248.91 1,248.91 1,196.67 1,196.67 1,130.74 1 130.74 928.93 928.93 10 Feb 1999 Wed 9:58 AM Check Register City of Orono Check Number Employee Name Check Number 045611 045611 HANSING. CAROL J. Totals Check Number 045611 Check Number 045612 045612 JOHNSON, BRADLEY P. Totals Check Number 045612 Check Number 045613 045613 KNOLLENBERG, KRISTIN L. Totals Check Number 045613 Check Number 045614 045614 MCNALLY, STEVEN A. Totals Check Number 045614 Check Number 045615 045615 NCNICHOLS, DAVID L. Totals Check Number 045615 Check Number 045616 045616 MOROWeZYNSKI, JAMES Totals Check Number 045616 Check Number 045617 045617 PERSELL, WILLIAM R. Totals Check Number 045617 Check Number 045618 045618 SCHOENHOFP, JOHN B. Totals Check Number 045618 Check Number 045619 045619 TOMCHECK, LAWRENCE F. Totals Check Number 045619 Check Number 045620 Check Date lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 Page 3 Check Amount 387.68 387.68 1,136.20 1,136.20 593.42 593.42 933.75 933.75 565.76 565.76 1,510.37 1,510.37 226.34 226.34 1,282.44 1,282.44 260.31 260.31 10 Feb 1999 Wed 9:58 AM Check Register City of Orono Check Number Employee Name Check Number 045620 0^.5620 TOMCZYK, MARK W Totals Check Number 045620 Check Number 045621 045621 WITTKE. ANTHONY A. Totals Check Number 045621 Check Number 045622 045622 HAGEN« MATTHEW D. Totals Check Number 045622 Check Number 045623 045623 JOHNSON, JEFFREY D. Totals Check Number 045623 Check Number 045624 045624 STEVENS, ROBERT S. Totals Check Number 045624 Check Number 045625 045625 GAFFRON, MICHAEL P. Totals Check Number 045625 Check Number 045626 045626 GAPPA, GREGORY A. Totals Check Number 045626 Check Number 045627 045627 OMAN, LYLE E. Totals Check Number 045627 C^eck Number 045628 045628 VAN ZOMEREN, ELIZABETH Totals Check Number 045628 Check Number 045629 Check Date lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 10-Feb-9S lO-Feb-99 Page 4 Check Amount 1,277.99 1,277.99 725.08 725.08 214.37 214.37 714.19 714.19 100.96 100.96 1,161.19 1,161.19 1,590.25 1,590.25 248.55 248.55 868.88 868.88 1T 4 10 Feb 1999 Hed 9t56 AM Check Register City of Orono Check Kumber Employee Name Check Number 045629 045629 VANG. BRUCE L. Totals Check Number 045629 Check Number 045630 045630 HECKMAN. STEPHEN J. Totals Check Number 045630 Check Number 045631 045631 WEINBERGER. PAUL E. Totals Check Number 045631 Check Number 045632 045632 BRINKHAUS. JOHN F. Totals Check Number 045632 Check Number 045633 045633 DBBABRE. DONALD L. Totals Check Number 045633 Check Number 045634 045634 GREGO'iY. JAMES D. Totals Check Number 045634 Check Number 045635 045635 HANSEN. STEVEN C. Totals Check Number 045635 Check Number 045636 045636 OBERAIGNER. SCOTT G. Totals Check Number 045636 Check Number 045637 045637 OBRIEN. RANDY L. Totals Check Number 045637 Check Number 045638 Check Date lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 Page 5 Check Amount 993.71 993.71 1.53 1.53 602.42 602.42 1.115.06 1.115.06 871.68 871.68 614.74 614.74 649.78 649.78 749.82 749.82 221.20 221.20 1 'i ! 10 Peb 1999 Ned 9:58 AM Check Register City of Orono Check Number Employee Name Check Number 04S638 045638 PALMER* GREGORY A Totals Check Number 045638 Check Number 045639 045639 RATHBUN* BARRY J. Totals Check Number 045639 Check Number 045640 045640 SKRBBN* DALE S. Totals Check Number 045640 Check Number 045641 045641 OAS* DANIEL O. Totals Check Number 045641 Check Number 045642 045642 ROSS* JOHN A. Totals Check Number 045642 Check Number 045643 045643 STBFPBNHAGEN* RONALD E. Totals Check Number 045643 Grand Total Check Cate lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 lO-Feb-99 Page 6 Check Amount 642.41 m m m m m m 642.41 1*097.85 1*097.85 766.19 766.19 63.99 63.99 39.45 39.45 1*094.11 1*094.11 40,033.77 I % 8 Feb 1999 Mon 8:18 AM Check Register City of Orono Check Number Employee Name Check Number 045586 045586 PETERSON, BARBARA A. Totals Chech Number 045586 Check Number 045587 045587 MOORSE, RONALD J. Totals Check Number 045587 Check Number 045588 045588 FLINT, RICHARD Totals Check Number 045588 Check Number 045589 045589 JABBOUR, GABRIEL E. Totals Check Number 045589 Check Number 045590 045590 KELLEY, CHARLES Totals Check Number 045590 Check Number 045591 045591 SANSEVERE, ROBERT K. Totals Check Number 045591 Grand Total Check Date 08-Fcb-99 08-Feb-99 08-Feb-99 08-Feb-99 08-Feb-99 08-Feb-99 Page 1 Check Amount 269.36 269.36 184.70 184.70 269.36 269.36 323.22 323.22 269.36 269.36 269.36 269.36 1,585.36 f tl 10 Feb 1999 Wed 10x35 AM Check Register City of Orono Check Humber Date Name Check Humber 58260 58260 CITY COUNTY CREDIT UNION lO-Feb-99 CITY COUNTY CREDIT UNION Totals Check Number 58260 CITY COUNTY CREDIT UNION Check Number 58261 FIRST NATIONAL BANK OF LAKES 58261 58261 58261 lO-Feb-99 lO-Feb-99 lO-Feb-99 FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES Totals Check Humber 58261 FIRST NATIONAL BANK OF LAKES Check Number 58262 GREAT WEST LIFE ASSURANCE CO. 58262 lO-Feb-99 GREAT WEST LIFE ASSURANCE CO. Totals Check Number 58262 GREAT WEST LIFE ASSURANCE CO. Check Number 58263 ICMA RETIREMENT TRUST - 457 58263 lO-Feb-99 ICMA RETIREMENT TRUwT - 457 Totals Check Number 58263 ICMA RETIREMENT TRUST - 457 Check Number 58264 LAW ENFORCNENT LABOR SERVICE 58264 lO-Feb-99 LAW ENFORCMENT LABOR SERVICE Totals Check Number 58264 LAW ENFORCMENT LABOR SERVICE Check Number 58265 MINNESOTA CHILD SUPPORT PMT CT 58265 lO-Feb-99 MINNESOTA CHILD SUPPORT PMT CT Totals Check Number 58265 MINNESOTA CHILD SUPPORT PMT CT Check Number 58266 MN DEPT OF REVENUE 58266 lO-Fcb-99 MN DEPT OF REVENUE Totals Check Number 58266 MN DEPT OF REVENUE Check Number 58267 MN MUTUAL LIFE 58267 lO-Feb-99 MN MUTUAL LIFE Totals Check Number 58267 MN MUTUAL LIFE Check Number 58268 MN STATE RETIREMENT-DEF COMP 58268 lO-Feb-99 MN STATE RETIREMENT-DEF COMP Totals Check Number 58268 MN STATE RETIREMENT-DEF COMP Transaction Amount 7,909.00 7,909.00 3,570.88 3,570.88 7,781.30 14,923.06 830.68 830.68 250.00 250.00 0.00 0.00 179.51 179.51 3,369.21 3,369.21 753.00 753.00 227.00 227.00 Page 1 Comments SAVINGS W/H a TRANSFERRED FICA a MEDICARE W/H FICA,MEDCR CITY SHARE FEDERAL WITHHOLDING DEFERRED COMP W/H DEFERRED COMP W/H UNION DUES WH SKREEN 80010755723 STATE TAX W/H DEFERRED COMP W/H DEFERRED COMP W/H r 10 Feb 1999 Wed 10:35 AM Check Number Check Register City of Orono Page 2 Check Number Check Number 58269 Date Name 58268 MN STATE RETIREMENT-DEP COMP 58269 PEBSCO/OBRA lO-Feb-99 PEBSCO/OBRA Totals Cneck Number 58269 PEBSCO/OBRA Check Number 58270 PEBSCO/US CONF OF MAYORS 58270 lO-Feb-99 PEBSCO/US CONF OF MAYORS Totals Check Number 58270 PEBSCO/US CON®* OF MAYORS Check Number 58271 PERA 58271 58271 lO-Feb-99 lO-Feb-99 PERA PERA Transaction Amount Comments 54.74 54.74 OBRA DEFERRED COMP W/H 2,533.95 2,533.95 USCM DEFERRED COMP W/H 4,419.51 5,792.19 PERA EMPLOYEE W/H PERA CITY SHARE SUMMARY OF FEBRUARY 4,1999 COUNCIL WORK SESSION HIGHWAY 12 PRELIMINARY LAYOUT Mayor Jabbour summarized the efforts made in opposition to Senator Dean Johnson's bill to require Highway 12 to be upgraded to a four lane highway from Wayzata to Delano. Along with Mayor Jabbour, Jim Murphy, Mayor Mike Bash, and Senator Gen Olson played important roles in convincing Senator Johnson to table his bill from further consideration. Mayor Jabbour indicated the speed with which the bill appeared should be a wake-up call to the cities that the longer it takes to get to approval of tl x layout, the more opportunity there is for something unforeseen to derail the process. It was indicated that the cities to the west apparently were not aware of the progress being made on upgrading Highway 12 from Wayzata to County Road 6. Mayor Jabbour suggested the City of Orono should be a catalyst to facilitate communication and build support regarding the Highway 12 preliminary layout with the Mn/DOT Metro Division, the Mn/DOT St. Cloud Division, and the Legislature. Mayor Jabbour indicated a key issue in Long Lake's approval of the preliminary layout is the replacement of lost housing units. This issue involves the Fleming Addition property, Holbrook Park, and potentially the property in Orono east of Willow Drive. County Road 6 and Highway 12 Interchange Moorse indicated Denny Eiler of SRF Consulting has been reviewing the design of the County Road 6 and Highway 12 interchange to determine if the design is adequate in terms of future traffic projections. Denny Eiler indicated Mn/DOT is using Year 2015 traffic projections as the basis for the bridge design. Because the bridge is not going to be constructed until 2005, be suggested Mn/DOT should be using Year 2020 traffic projections. Denny compared the Mn/DOT traffic projections to Hennepin County's Year 2020 traffic projections. The County's traffic projections are significantly higher. Denny suggested because of the significant differences in traffic projections, it would be prudent to provide a wider bridge by initially including wider shoulders, which in the future could become additional lanes. It was indicated that the County has an interest in ensuring the bridge is wide enough to meet future needs. If the bridge needs widening in the future to handle traffic on County Road 6, the County would be responsible for the costs of widening the bridge. Because the costs of initially constructing a wider bridge are lower than the costs of widening the bridge in the future, the County may be willing to fund at least a portion of the incremental costs of widening the bridge at this time. Denny Eiler discussed the function of the ramp meter on the entrance ramp to eastbound new Highway 12. Mayor Jabbour suggested if there were two eastbound lanes on new Highway 12, the ramp meters could be eliminated. He also indicated a second westbound lane on new Highway 12 as it approaches the interchange would provide for additional stacking on the loop to westbound County Road 6. Denny Eiler indicated it would be reasonable to add a long acceleration lane at the SUMMARY OF FEBRUARY 4,1999 COUNCIL WORK SESSION entrance to eastbound Highway 12 and a long deceleration lane on westbound Highway 12 approaching the interchange. It was also determined that Mn/DOT should acquire enough right-of-way on the south side of the bridge to enable a future four lane roadway section from the bridge to the current County Road 6 right-of-way. Mayor Jabbour suggested a meeting be scheduled with Hennepin County and Mn/DOT to discuss the County Road 6 and Highway 12 interchange. This meeting needs to include Vem Genslinger and Jim Gnibe from the County, Patti Token and/or Tom O'Keefe from Mn/DOT, Mayor Jabbour and Denny Eiler. Councilmember Kelley has indicated he also wants to be involved in the meeting. The Park Lane/Orono Orchard Road connection was discussed in terms of possible traffic calming. The City of Orono has proposed a 90° intersection connection to slow down traffic. Denny Eiler suggested making the curve very sharp and placing a median between the lanes to prevent drivers from cutting across the curve. Denny indicated slowing westbound traffic at this curve would be advantageous because there is a short sight distance from the curve to the first local street intersection with Park Lane. TO:Mayor and City Council FROM: DATE; Ron Moorse, City Administrator Februa’7 17,1999 PEB 2 2 1999. SUBJECT: Council/Staff Communication Update v^i I I v^r Meetings have been held with staff to review the ordinance amendment regard!" • Council/slaff communication, and the policy and procedure for addressing concerns raised by employees regarding the administration of the City. The meetings began with a discussion of the roles of the City Council, the City Administrator, and staff; and the importance of an effective Council/staff relationship. Both the Ordinance Amendment and the Administrative Policy revision clarify lines of authority, accountability and communication that enable the Council/staff relationship to work best. One area of discussion at the employee meetings related to the requirement that if a Council member contacts a staff person to obtain information, this information needs to be provided to all Council members (and to the City Administrator if the staff person contacted is other than the City Administrator). The purpose of this is to keep the Council and City Administrator in the communication loop when individual Council members request information from staff, and to ensure all Council members have the same level of information about City activities and issues. The ordinance language regarding Council inquiries does not make any distinctions about when an information request is significant enough to warrant forwarding the information to the Council and the City Administrator. Rather than trying to develop a definition of what is significant and what is not, staff will initially forward to the Council and City Administrator information related to all inquiries received from Council members. This has two benefits. First, the information collected regarding the types of inquiries being made by the Council can be used to develop a definition of what constitutes a significant inquiry. Second, it will provide an indication of the number of inquiries made by Council to staff. The information regarding the types and number of inquiries made by Council will provide an indication of whether Council inquiries are a significant part of staffs workload, and could provide insights into more effective and efficient methods of providing information to the Council. J r* Fact Sheet - Saga Hill Park FEB 2 2 1999. Timeline Oil T or orioi>iv^ I Q‘)5 - At the request of residents, the city of Orono obtains 9.6 acre ta.\ forfeiture parcel from Hennepin County for park use. Reverend Dennis Poole and Patti Affeldt offered access to this parcel across Church property. 1996 - Group of residents assists city in winning a $50,000 DNR matching grant to acquire an additional 14.1 acres on Saga Hill. Residents successftilly raise $97,500 to match DNR grant. City gains a new natural area. Total acreage now available for passive and active park use - 23.7 acres. 1997 Resident group applies on behalf of city for a second DNR grant to acquire 8.5 acre Sollner-Webb property, adjacent to existing park. Request is denied because option on the land is held by a developer. 1998 Auer developer's option lapses, residents successftilly negotiate purchase agreement witli landowner at 2/3 appraised value. City agrex's to apply for DNR grant and wins up to $75,000 in matching funds. Residents begin fundraising process, approaching more than 20 foundations as well as individuals interested in preserv ation of open space. 1999 Fundraising yields $25,000. leaving a shortfall of $48,300. Purchase agreement will expire March 20. If matching funds arc not secured, citv will lose grant and the opportunity to expand Saga Hill park. Why acquire Solincr-Webb property and expand Saga Hill park? Opportunity to create Orono's largest city park - 32.2 acres - at total cost to city of $1500 per acre. Preserv es run-off buffer and protects water quality in Forest Lake. West Ann and Jennings Bay. Affirms council's resolution to acquire open space while land is still available in Orono. Prevents building a Vi mile road through existing park to access property when developed. Responds to 1995 surv'ev of residents, which affiimed interest in activities such as hiking and birdwatching. Prov ides recreational opportunities for residents of crowded “urban” Orono as well as neighboring Minnetrista and Mound. Saga Hill Participants/Contributors • Residents of Orono • DNR • Minnesota Land Trust • Trust for Public Land • Western Hennepin Historical Society • Familv Charitable Foundations Kay Mitchell CLERK TO THE BOARD PHONE 34A-5433 Board of Hennepin County COMMissioNERSpf0 2 1993, A-2400 Government Center Minneapolis, Minnesota 554S7-0240 received FEB 1 7 1999 CITY UH OROMo February 9, 1999 TO: Various Municipalities RE: HENNEPIN COUNTY APPOINTMENTS TO MINNEHAHA CREEK WATERSHED DISTRICT BOARD Enclosed please find a copy of an extract from the minutes of the February 9, 1999 meeting of the Hennepin County Board of Commissioners. Please note, that Pamela Blixt of Minneapolis, and Malcolm Reid of Shorewood were reappointed for a term expiring March 8, 2002. Yours truly. JuAy Cimmley (/ D'^uty clerk of the Board Enel. 0001S9 Tuesday, Feba'3fy09,1999 Item 11 on the Agenda was for two appointments to the Minnehaha Creek Watershed District Board. Applications had been solicited, interviews held at the February 2nd committee meeting and the selection progressed to today’s Board meeting. Applicant Robert Rascop, who was unable to attend the committee meetings, appeared before the Board today in support of his application. Other applicants were incumbents Pamela Blixt and Malcolm Reid and also Patrick Maloney, Warren McNeil, Stephen Platisha, John Senior and Charles Thomas A vote was taken on the Blixt vacancy and Pamela Blixt was unanimously reappointed. A vote was then taken on the Reid vacancy, as follows: Commissioner Nomination McLaughlin Tambornino Steele Opat Stenglein Johnson Reid Thomas Reid Accordingly. Malcolm Reid was reappointed. 4 ATTEST: Clerk of theA^ounty Board FEB 2 2 ISUi v^i I I wr MINUTES OF THE REGULAR MEETING OF THE BOARD OF EDUCATION OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON JANUfiRY 25, 1999 The regular meeting of the Board of Education of Orono Independent School District No. 278 was held on Monday, January 25, 1999. Present: Jack Veach Dick Lewis Peg Swanson Martha Van de Ven Dave McKown Thomas Mich Neal Lawson Board member Maresh arrived while the meeting was in progress. UPON MOTION by Dick Lewis, seconded by Martha Van de Ven, the consent agenda was approved as follows: - approved the minutes of the December 1, 1998 regular meeting; - approved the minutes of the December 10, 1998 regular meeting; - approved the minutes of the January 11, 1999 regular meeting; - approved the request of Maggie Knutson, Orono Middle School teacher, for an extended child care leave beginning June 1, 1999 for the remainder of the school year; accepted the resignation of Jane Dorn, Orono Middle School media specialist, effective at the end of the 1998- 99 school year; - approved the appointment of Jeanne Truax as a paraprofessional at Orono Middle School; - approved the appointment of Eric Olson as a paraprofessional at Schumann Elementary School; - approved the request of Sara Engel to continue her special assignment to the Ridgedale Alternative Program, operated by Intermediate School District 287, for the 1999- 2000 school year; approved the Activity Fund Quarterly Report, October - December, 1998; - approved the bills as covered by vouchers 107931 through 108170. Motion carried. Board member Maresh absent. Dr. Mich reported that on the Consent Agenda the Board approved the appointment of Orono High School teacher Sara Engel to continue her assignment as a teacher in the Ridgedale Alternative Learning Center a continuation of partnership/sharing with Intermediate District 287; that today he began the Peer Review training for tenured staff and training continues through tomorrow; that the Strategic Plan jointly developed by Orono District 278 and Intermediate District 287 has been received and the Board might want to review this process as the District moves forward in long- range planning; that he wanted to express appreciation to Peg Swanson, Jack Veach, Cheryl Monroe and the Jefferson Center for participation in the presentation at the MSBA Convention on January 14 regarding "Using a Third Party Citizens Jury to Resolve Conflict"; that Board members will be receiving soon the finance study completed by Augenblick and Myers - "An Examination of Education Finance in Minnesota"; that the Mid-winter Fun Fest will be held on February 6 from noon to 4:00 p.m.; that the coronation for Snow Days is taking place at the high school this evening, the beginning of a week of festivities; that on February 8 the Board of Education will meet with the high school Student Advisory Council; that on January 22 representatives from the Minnesota Department of Children, Families and Learning assisted our special education staff in the process for implementing IDEIA; that ten students from Orono High School have their work displayed at an art exhibition being held at the Minnetonka Arts Center through February 13 and he extended an invitation to Board members to visit the exhibition. Dr. Mich reported to the Board on the activities that have taken place in regard to the facilities/construction planning since the January 11 Board of Education meeting. He reminded the Board that on February 8 an information session will be held for the Board/coromunity members and a basic schematic design will be presented. He then provided information on the process that would take place following the February 8 meeting such as a meeting with the Orono City Council/Planning Commission and the timeline for the basic site plan/design. Discussion ensued regarding notification of the community about the February 8 meeting, gymnasium size, wrestling area, athletic fields, etc. There was concern expressed about how the Board/community members could be brought up to speed as to the deliberations of the Core Committee and resolutions that were reached. Dr. Mich stated that the Core Committee will set forth the parameters that were established and provide background information on the work that has been done so far, and that Melanie DeLuca, Community Education Director, will meet with representatives from the six communities so they will be aware of the plans/direction that the District is moving which will aide cities in their planning of recreational areas/fields, etc. Dr. Mich stated that because of the legislative constraints which added 3 student contact days to the 1998-99 school year calendar, he was not able to recommend an extra half day professional day as requested by the Staff Development Committee and he has relayed that decision to that committee. He then provided background information on the development of the school year calendar inclusive of legislative constraints. He stated that at this time a bill has already been introduced in the legislature to alter the existing law and that it appears there will be support for such a change which would significantly impact the development of the District's 1999-2000 year calendar. He reminded the Board that approval of the school year calendar must be done by April 1 of each year for the following year but that in light of possible legislative changes, he recommended that the Board wait as long as possible to develop/approve the 1999-2000 calendar in order to avoid the development of two calendars. Dr. Mich stated that the Board in their packets had received curriculum policies and procedures that were required by graduation rule legislation, now formatted to the style of District's policies/procedures. He reminded the Board that had approved these policies/procedures on May 11, 1998 and while the policies/procedures meet the requirements of the they have been adapted to the Orono School District. the the the they that law. LO •Heidi Foley, Curriculum Coordinator, provided information to the Board on CART, the system that will now be used for record keeping. Discussion ensued covering such areas as meeting standard requirements/grading and informing parents regarding packages/scoring. The outcome of this discussion was that a letter would be drafted from the Board of Education to be sent to the House/Senate members of the Education Committee. The purpose would be to relay concerns that the Board has with regard to implementation of the Graduation Rule plus requesting that the Education Committee work to correct the deficiencies in the law. Administration was directed to draft this letter for Board consideration/approval . Regarding long-range planning. Dr. Mich stated that at the last Board meeting the Board of Education had received the North Central Accreditation Association report for the last year which contains recommendations for the future and that in their Board packets they had received a compilation of initiatives from administrative cabinet members which provides understanding as to how the administrative cabinet is proceeding and viewing the future at this time. He pointed out that, now that the Board has the necessary background information, the next step would be for the Board to study/review various ways to initiate the long-range planning process. The consensus was that a Board workshop, for discussion purposes of long-range planning, be held following a regularly scheduled Board meeting towards the end of February or the first part of March. UPON MOTION by Dick Lewis, seconded by Dave McKown, the meeting was adjourned. Motion carried.